HomeMy WebLinkAbout2000-08-21 (Regular) Meeting Agenda•
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August 21, 2000
Regular City Co un cil Meeting
PH -Englewood Comprehensive Plan to
include a Regional Plan Element
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Regular City Council Meeting
August 21, 2000
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ORD#~~~ ~66, 67, 68, 69, 70, 71, 72, 73, 74, 75
RES0~~~~~78, 79, 80, 81, 82, 83, 84, 85, 86, 87
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ENGLEWOOD CIT\' COUNCIL
ENGLEWOOD, ARAPAHOE COUNT\', COLORADO
I. Call to Order
Rrgular Session
August 21. 2000
The regular meeting of the Englewood City Council was called to order by Ma yo r Bums at 7:35 p.m.
2 . Invocation
The invocation was given by Council Member Nabholz .
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Mayor Bums said he wanted us to realize and recognize how much dedi cation the Safety Se r\'i ces people
give to their community. He asked that everyone join him for a moment of si lence for Denver Firefig ht e r
Robert Crump.
3 . Pledge of Allqlanre
The Pledge of Allegiance was led by Mayor Bums.
4. Roll Call
Present:
Absent:
A quorum was present.
Also present :
5. Minutes
Council Members Nabholz. G ra zuh . Bradshaw. Wolosyn. Yurchi ck.
Bums
Council Member Garren
City Manager Sears
City Anomey Brotzman
City Clerk Ellis
Senior Planner Graham, Community Deve lopment
Planning Analyst Dannerniller. Community Development
Director Black. Parks and Recreation
Capital Projects Manager/Director Kahm, Englewood Environmental
Foundation
Director Gryglewicz, Finance and Administrative Services
Assistant City Manager Flaherty
(a) COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO
APPROVE THE MINUTES OF mE REGULAR CIT\' COUNCIL MEETING OF AUG UST 7 •
2000.
Ayes :
Nays :
Absent :
Motion carried.
Council Members Nabholz, Bradshaw, Wolosyn, Yurchick , Grazuli s.
Bums
None
Council Member Garren
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Englewood City Council
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6 . Scheduled Visitors
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(a) Caria Vivarttas was scheduled to address Council regarding the treatment of the public by
Municipal Court employees. She was not present .
7. Non-scheduled Visitors
(a) Christina Mann introduced her colleague Cathy Smith. adv1smg that the y arc board
me~rs for the Colorado Chapter of the Amencan Institute of Graphic Ans (A IGA). Ms. Mann sla ted
they were present to ask Council to partner up with them m something that their national organization ha s
produced for a campaign called "Get Out the Vote ." She said it is a non-parti san poster ca mpaign and the~
would like to ask Council partner up with them to have an official reception and opening and showm g of
the posters . Ms . Mann noted she brought some samples to show Council tonight. They would have so me
speakers and they would have one of their own speakers, which would be one of the designers. come 111 and
speak to their me~rship. The whole point of this is to get these posters out 111 as many pubhc place s as
possible and they thought this was a beautiful, perfect venue for that . They showed Council th e poster and
Ms. Mann noted there are actually about twenty different posters ; this is just a sampling of what the y ha ve .
She said, as she noted earlier, this is non-partisan and the whole purpose of this campaign is to pro vid e a
public service . She advised they do a couple of things like this a year and they have speakers and tlung s for
their own benefit, but this is something that would benefit the community. So. she sa id. these will be all
over the country, hopefully insfiring people to get out and \'Ole and to increase public awareness . The y are
hoping to do this on October 4 and they spoke to Assistant City Manager Flaherty and it seems that that
time period is open. she said . Ms . Mann advised that they ha\'e requested to use the beautiful Commumt y
Room She noted she has talked to different people in the bmlding and they have said the y are suppom\'e
and maybe we can come up w~th ideas to bring people in . They do a mailing, she said , and send out a
broadcast, so maybe they could combine thell' list with the City's list to try get as many people here as
possible . Ms. Mann said they are hoping Council is supportive of that .
Council Member Bradshaw said she thinks tt ts great.
Mayor Burns said he thinks it is a good tdea . He noted that October 4"' is during the Ra1l-Volut1on
Conference. He asked Assistant City Manager Flaherty if that would make any difference .
Ms. Mann commented that she was told It was just before that. She asked if that was incorrect. Mayor
Burns noted it might be a workshop day .
Council Member Bradshaw said she still thinks it 1s real important that we upport getting out the vote .
Mayor Burns stated that he does support the program.
Assistant City Manager Flaherty advised that they have booked the Community Room for the Rail-
Volution on October 5th, we have no bookings for the Community Room, at this point, for October 4th .
Mayor Burns said he understands that, he was just thinking if any of our members are signed up to actually
attend the Conference downtown they may not be here . But. he noted, he thought Mr . Flaherty was right ,
that the reception was on October 5th.
Mayor Burns advised Ms. Mann that he thought their program was excellent and they should be
congratulated for doing this as a public service and we would be happy for them to come and kick it off in
this building .
Ms . Mann thanked him and asked whom they should be speaking wtth from this pomt on. City Manager
Sears advised her to speak with Assistant City Manager Flaherty.
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Englewood City Council
August 21, 2000
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Ms . Mann asked if it was possible to put their posters up until after the November election. if there wa s an y
place in the building that would be appropriate . She advised the y could have them mounted . that a s the y
are artists, they can do lots of things to make them look nice .
Council Member Bradshaw said she thought Ms. Mann could work with Mr. Flaherty on that issue as "ell.
Mayor Bums agreed as Mr. Flaherty is kind ofin charge of how we use the Communit y Roo m and we are
trying to get some structure to that .
Ms . Mann thanked Council.
Council Member Nabholz asked if it was possible for them to talk to Dr . White at the Admini stration
Building about a smaller, scaled down, version of this for our schools. She said she didn't know 1f that wa s
acceptable , but the kids do take these things home . Ms . Mann advised the y would lo\'e to do that . that the }
have twenty different posters . with at least twenty or more of each one and the y could probabl y ge t more .
Their whole thing is to get this message out there. she sai d.
Council Member Nabholz commented that we mi ght meet with the sc hool s during our School C 11 y
Committee meeting.
Council Member Bradshaw suggested they could call the District Adminis1ra1ion Building.
City Manager Sears noted that he would be seeing Dr . White. the Superintendent. on Wednesday . He
asked that Ms . Mann provide their card, noting that Mr. Flaherty should ha ve their number. Mr. Scars
agreed that we would set this up with the school district .
Council Member Bradshaw noted that she teaches at Arapahoe Communn y College and 1he y desperatel y
need this out there too . She advised that their contact would probably be Dr. Williams ·s sec retary.
Ms . Mann thanked Council for their support .
(b) Leon Piper, 2929 West Union, said he was a little curious as to why we even have a
police department. He stated we have a no truck sign on mon and Friday afternoon, aboul 3 :30/4 :00 a
cement truck going west, made a nght tum on Federal and a lady policeman made a right tum off of
Federal onto Union, with this huge cement truck there . She didn 't bother, didn 't bother to stop. she never
even blinked an eye . Mr. Piper pointed out that we could cut down expenses a lot if we could eliminate
some of the help, because they are evidently not doing the job. There is no need to make ordinances and
not enforce them, he said.
Mayor Bums advised they will ask the Cny Manager to check into that and see what happened . because "e
are trying to enforce that. He agreed that was not a good observation Mr. Piper happened to make !h ere .
He thanked Mr. Piper for corning .
8 . Communications, PrKlamation, and Appointments
(a) A letter from John M . Goodyear Jr. indicating his re signation from the Englewood
Planning and Zoning Commission was considered.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO ACCEPT THE
RESIGNATION OF JOHN M. GOODYEAR JR. FROM THE ENGLEWOOD PLANNING AND
ZONING COMMISSION.
Ayes: Counc il Members abholz, Bradshaw, Wolosyn, Yurchick. Grazuh s.
Bums
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Englewood City Coundl
August 21. 2000
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Nays :
Absent:
Motion carried .
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None
Council Member Garren
Council Member Bradshaw commented that she wasn't sure if there are other peo ple the) could have
appointed and 1f Council has to re visit that or have Sue Bradshaw rensn that. be au se tha t I th e
comnu ss1on that "e mu st have m full force . She suggested the y break "1th traditi on a nd go ahead and
appoint omcone who wanted to be on that commission. that they ha, e al read) inter, 1e\\ ed
Mayor Bum stated that is a good suggestion as the Planning and Zon mg o nurn ss 1on ,s a P" o tal
comrmss1on and they are domg an awful lot of work on very 1mponant matter, 1ha1 e ,e ntuJII ) '"II co me
before the ouncil.
Mayor Bums said he wanted to thank Mr. Goodyear for hi s service . I-le co mme nt ed that lu s le tt er of
res1gna11on indicates he is moving to California .
Mayor Bums stressed that the Planning and Zoning Cornn1i ss1o n 1s a ver y ,mponant body and th ey do an
awful lot of work that helps Council.
9. Public Hearing
(a) COUNCIL MEl\lB[R BRWSHAW J\10\'[D. A~D IT WAS SECO~DED. TO
OPEN A PUBLIC HEARING TO GATHER Pl'BLIC C0'.\11\IENT 0:0. COl'NCIL BILL ~O. 61.
AMENDING THE ENGLEWOOD COMPREHENSIVE PLA.'11 TO INCLVDE A REGIONAL
PLAN ELEMENT.
Ayes :
Nays:
Absent:
Council Members Nabholz. Bradshaw. Wolosyn. Yurchick , Graz uh s.
Bums
None
Council Member Garren
Motion carried and the Public Hearing opened.
Semor Planner Graham, being dul y sworn. explained that the proposed amendment to the Co mprehen "·e
Plan would add a regional element. This element was anticipated by the "Mile High Compact", wluch
came through this body recently. he said . We have anticipated this , actually. for the pa st two yea rs, si nce
the DRCOG board members, who are members of Council , passed II at the DRCOG board level. But . he
noted, along with many of the other cities. we were wanmg to understand the implications of this Re gional
Plan before moving forward to this point . Mr. Graham advised that this adds five core elements whi c h are
the tests for whether the local plans are consistent with the Regional Plan . One of the elements wa s alread ~
adopted by City Council in conjuncllon with the Transponation Impro ve ment Project. That was th e
"Extent of Urbanization" provision. So. he stated , Co uncil 1s reall y only looking at Open Space, the
Balanced Multimodal Transponation element , the rban Centers element and Environmental Quality, as
new items for our Comprehensi,•e Plan . He noted that these amendments would represe nt . probabl y. the
most significant amendment, at least since the South Broadway Action Plan came through thi s bod y. Mr.
Graham said, from his review of the plan, that, probably, there have been only five significant amendment s
over twenty years, so it is not inconsequential that we ask Council to amend this. He explained that one of
the provisions of the "Mile High Compact'' is that the Regional Plan serves as the context for all of the
other elements. So, he said. we felt it was appropriate to move this piece along, ahead of the Hou si ng Plan .
the Economic Development Plan, the Open Space Plan and the T ransponation Plan . We are here before
you tonight. he said, with one of the five Comprehensive Plan amendments Harold Stitt spoke about m
Study Session.
Mr. Graham submitted to the City Clerk, Proof of Publication that notice of this public hearing was
published on Jul y 21, 2000 in the Englewood Herald .
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Senior Planner Graham said he would like to give Council a couple ofrepresentatwe points from eac h of
the five elements, just to illustrate what Council would be appro\'ing. He said he was not cenain whether
Counc il received the attachment. He passed them out to Coun ci l. In keeping with the format for the
Comprehensive Plan revision, he said, we are trying to stay at the policy level with these amendments . Mr.
Graham pointed out that after the policies are in place. later on. then we would do the implementation
plans. So, he advised, in this amendment we are only dealing wi th the mtent tatement and th e objectl\'es
under each of those intent statements. there isn 't anything very specifi c . Thi doesn ·1 include any pr0Jec1s .
Mr. Graham said the last one. on the extent of urban development li st. is to encourage the dewlopment of
balanced communities, characterized by a mix of income and housing types and ha vi ng a reasonable
relationship between the affordable housing supply and employment opponunities . That. he noted , is an
objective that is held by the Housing Authority, its something that we hope the housi ng group ... the
subcomminee that will be chaired by C hris Willis, will take up as pan of hi s c harge 111 th e Hous in g Ta k
Force. Under open space, he picked out two, he said . Regarding the regional open s pace system. there I a
plan that shows the South Plane River and Cherry Creek as the two priorities in the metro areas open s pa ce
system. So, he said. we believe that adopting this plan for Englewood will help us understand that so me of
the pieces of the open s pace system are imponant regionally, as well as locall y. And . perhaps. get
resources from the re-gion to help implement those . Another is to conserve and protect llllponant natural
resources, including environmentally sensitive lands, wetlands and wildlife habitat . Aga m . we are workin g
on an open space study of the Plane River corndor and this kind of statement help us "hen "e are makmg
grant applications to the Division of Wildlife, or the Conservation Trust. for resources to implement an
open space plan.
Mr. Graham advised that the rather long titled one is about mass transit. Englewood 1s in th e fonunal e
position of having just implemented most of the most imponant pieces here ... prov1dmg the hi gh ca pital
transponation facilities, which is an indirect reference to the light rail transit. But. he noted. there is a
responsibility that is entailed with that investment. a responsibility to the region. which is. to de\'elop land
uses that make efficient use of those facilitie s . That is the challenge to us now, he said. is 10 make sense of
the land uses that could reasonably use light rail. Another one is implementing the rapid transi t 10 red uce
the need for additional roadway capacity and reconfiguring the bus network . Well cenaml y, he no ted.
some of the things we are already working on, like the shuttle project. speaks directly to thi s .
Senior Planner Graham explained that under urban centers. the idea in the Metro Vision is that uhimate l>
there would be several urban centers in the region, all served by mass transit and that most of the Jobs and
entenainment and retail opponunities. the regional ones. would he al these large urban centers and you
would be able to get between them efficiently. He commented that Englewood has cenamly staned the
process with CityCenter. Developing a mixed use facility on a light rail syste m 1s a perfect fit for what thi s
urban centers is about. .. focusing a major ponion of future growth into urban centers to reduce land
consumption and loss of open space while increasing ridership . Mr. Graham slated that the final pomt 111
urban centers talks about promoting a network of connected streets and si dewalks. w1th bu1ldmgs o rie med
toward sidewalks. He advised that many of the designs, suggestions. that were made by Ca lthorpe and
Tryba on this project were exactly for that purpose, to structure the parking. to keep the blocks s mall . the
development compact and very walkable. Mr. Graham advised that hi s take on this is that Englewood has
done a terrific job even without Metro Vision policies. But making them explicit would be helpful to th e
rest of the community to know what are some of the benchmarks for progress in the se areas.
Mr. Graham stated the environmental quality piece is probably the most difficult one to understand , but 11
speaks to the difficulty of getring clean air and clean water. Largely these is sues have to be handled o n a
regional basis, it just makes sense to handle it this way, he opined . Achieving a locally defined , balanced,
ecological community. he noted, is a lot of words, but what it comes down to is that WRMAC, a DR COG
conunincc, is charged with clean water compliance. They work with all the water utilities and providers
and they hope to structure reasonable arrangements where the investments in water capital facilities mak es
sense .
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August 21, 2000
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Mr . Graham said he thought be would leave it at that for examples .
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Mr. Graham advised that this piece was presented to the Planning and Zo ning Commiss ion two tome s ... at a
study session and then at a public hearing. They dod not have any members of the publi c speak about the
issue at either of those sessions. but the Planning and Zoning Commission unanimousl y approved thi s and
recommended Council's approval.
Mayor Bums asked if anyone else wished to speak . There was no one else present to speak .
COUNCIL MEMBER NABHOLZ MOVED. AND IT WAS SECONDED, TO CLOSE THE
PUBLIC ff.EARING ON COUNCIL BILL NO. 61.
Ayes :
Nays :
Absent :
Council Members Nabbolz, Bradshaw. Wolosyn. Yurch,ck. Grazulis.
Bums
None
Council Member Garrett
Motion carried and the Public Hearing closed.
Mayor Bums thanked the Planning and Zoning Commission for their work on these mea sur es . It 1s anot her
eXllJl1)1e , he said, of work the Planning and Zomng Commission does before the se items come to Coun cil
and the y do excellent work .
I 0 . Consent Agenda
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (a) (I) and (ii), 10 (b) (i), (ii), (iii) and (h'), IO (c) (i). (ii), (iiil, (iv) and
(v).
(a) Approval of Ordinances on First Reading
(i) COUNCIL BILL NO . 70, INTRODUCED BY COUNCIL M EMBER
BRADSHAW
A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNME NTAL AGREEMENT
BETWEEN THE ENGLEWOOD ENVIRONMENTAL FOUN DATION , INC.. THE REGIONAL
TRANSPORTATION DISTRICT AND THE CITY OF ENGLEWOOD , COLORADO ENTITLED
··COMMON AREA MAI TENANCE AGREEME NT .
{ii) COUNCIL BILL NO . 71, INT ROD UC ED BY COUNC IL MEMBER
BRADSHAW
A BILL FOR AN ORDINANCE AUTHORIZING A "GRANT OF CO STRUCTION EASEMENT"
AND "LICENSE AGREEMENT" FOR THE CITY DITCH TO JAM ES Q . EWTO , TR ST.
{b) Approval of Ordinances on Second Reading
(i) ORDINANCE NO . 62, SERIES OF 2000 (COUNCIL BILL NO . 65,
INTRODUCED BY COUNCIL MEMBER GARRETT)
AN ORDINANCE AUTHORIZING ACCEPTANCE OF A $7,500 GRANT FROM THE COLORADO
DEPARTMENT OF LOCAL. AFFAIRS (DOLA) FOR ENTERPRISE ZONE MARKETING AND
ADMINISTRATION .
{ii) ORDINANCE NO. 63, SERIES OF 2000 (COUNCIL BILL NO . 66,
INTRODUCED BY COUNCIL MEMBER BRADSHAW)
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August 21, 2000
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AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF AGRA 'T OF PROPERn' FROM TOM
G . KING .
(iii) ORDINANCE NO. 64. SERIES OF 2000 (COli CIL BILL NO. 67,
INTRODUCED BY COUNCIL MEMBER GARRETT)
AN ORDINANCE AUTHORIZING A SECOND A.l'wfENDMENT TO AN AGREEMENT FOR
ENGLEWOOD CITYCENTER BETWEEN THE CITY OF ENGLEWOOD AND RTD .
(iv) ORDINANCE NO. 65 , SERIES OF 2000 (CO NCIL BILL NO. 69 .
INTRODUCED BY COUNCIL MEMBER BRADSHAW)
AN ORDINANCE AUTHORIZING A TEMPORARY CONSTRUCTION EA EMENT BETW EEN
SOUTH SUBURBAN PARK & RECREATION DISTRICT AND THE CITY OF ENGLEWOOD .
COLORADO PERTAINING TO THE BIG DRY CREEK TRAIL.
(c) Resolutions and Motions
(i) CONTRACT WITH MR. TODD SILER FOR COM PLETION OF TH E ART
WALL AT WAL-MART.
(ii) CONTRACT WITH BROWN & CALDW ELL IN THE A.MO 'T OF S95.700
FOR FACILITIES ASSESSMENT AND PLANNING .
(iii) PURCHASE OF AN AMMONIA ANALYZER FROM TED MILL ER AND
ASSOCIATES IN THE AMOUNT OF $25 ,235 .
(iv) CONTRACT WITH LO G CONSTRUCTION FOR CONSTRL'CTIO N
SERVICES FOR SERVICE/SUPPORT FACILITY EXPANSIO. AND MODIFICATIONS IN THE
AMOUNT OF $925,000.
(v) CONTRACT WITH ABCO CONTRACTING. IN C. FOR ROOF
REHABILITATION OF THE CLARKSON STREET RESERVOIR IN THE AMOUNT OF $77,325 .
Vote results:
Ayes:
Nays :
Absent:
Motion carried.
11 . Regular Agenda
Council Members Nabholz, Bradshaw. Wolosyn. Yurch1ck. Grazulis.
Bums
None
Council Member Garrett
(a) Approval of Ordinances on First Reading
(i) Mayor Bums advised that Council has been asked to pull Agenda hem 11 (a) (i),
Council Bill No. 40, which is a recommendation by the Department of Public Works to adopt a bill for an
ordinance amending the City's Rights-of-Way Ordinance and to schedule a Public Hearing for September
5, 2000 to gather public comment . He stated the City Attorney has advised him that we made some
changes to this ordinance when it came up for first reading, the first lime, and we had to bring it up for fir s!
reading again, but there arc section numbers in the ordinance that are not correct . City Attorney Brotzman
has advised that we need to make some technical corrections to the ordinance lo put it in its proper form, he
said, so this will have to come back to Council at the next meeting .
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Mayor Bums asked about setting the public hearing . City Attorney Brotzman advised that the y will set the
public hearing when it comes back to Council.
Council Member Bradshaw commented that this is the issue of street cuts. cuts made in our streets . She
advised that she didn't have a huge problem with this. but now. with the amount of different companies
coming in to request street cuts, we need to be very careful about what we enact, that it is enforceable and
that the people who cut our streets do reimburse the City for the expenses .
Mayor Bums noted some of the major companies like AT & T and McLeod , and some of the re st of them.
have not been happy with this kind of an ordinance. There have been some veiled threats of litiga11on. he
said, but he thought it was important for Englewood to be in the forefront on this and our counse I. Ken
Fellman, has advised us that we can proceed carefully on this matter. Mayor Bums opined that 11 1s
important to protect our rights-of-way. so he still fully supports this .
(b) Approval of Ordinances on Second Reading
There were no additional items submitted for approval on second reading . (See Agenda Item IO -Consent
Agenda .)
( c) Resolutions and Motions
(i) Planning Analyst Dannemiller presented a recommendation fr o m th e
Community Development Department to adopt a resolution for Historic Property Designation of th e
Englewood Depot. She advised that she was present tonight to speak in regard to an application for
Historic Property Designation received from the Englewood Depot. All of the required apphca11on
materials have been submitted by the applicant. which includes an application . a photo and a de scnp11on or
the historical significance of the property . Additionally, a public hearing was held on Jul y 18th before the
Planning and Zoning Commission and the Commission unanimously recommended referring thi s property
to the Council for Historic Property Designation . Ms . Dannemiller explained that in order for a propert y to
be designated on the Englewood Historic Register certain criteria must be met . First . the structure must be
at least fifty years old and, additionally, meet one of four other cnte-ria contamed wnhm the ordinance .
Staff and the Commission believes that this property meets two of the four cnteria. in add111on to the age
criteria , and it is a structure which embodies distinguishing characteristics of a an architectural type
valuable for study of a period or style . In this case the Historical Society believe s that the structure 1s the
only remaining wood frame and stucco mission revival style depot m Colorado. It 1s al so kno\\>11 as the
County Seat style . Also, it reflects the broad social history of the Cny o f En g lewood . evidenced b y an
article in the June 4 , 1915 Englewood Enterprise , talkmg about how the railroad and the sub sequent depot,
helped to establish Englewood on the map . It created a station and helped generate busme ss opportumties
in the City that were, otherwise, going to other neighboring c itie s . Addmonall y, the Colorado State
Historical Society has listed the Englewood Depot on the State Register of Hi storic Pla ces as of 'ovember
9, 1994 as Site No. 5AH778. Therefore. she said, we fully recommend approval ofth1 s application based
on this criteria. Ms. Dannemiller advised that representa11ves of the Hi storical Society were present and if
Council would like them to speak to the merits of this application , they are available to do that. Following
that, she said , we have a certificate for the Mayor to present to the representatives of the Societ y.
Mayor Bums invited the members of the Historical Society to speak to Council.
Cindy Scott stated she. was representing the Englewood H1 toncal Societ y. On behalf of the Society, she
thanked everyone for all their support . Ms . Scon noted that many years of effort have gone into saving thi s
depot and it stands as a prominent landmark at this point . This 1s another step in establishing its legitimacy
as a symbol of the community, she said. and they hope to continue to work to make it a reality and make it
a real important part of the community .
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Englewood City Council
Aucust 21, 2000
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The resolution was assigned a number and read by title :
RESOLUTION NO. 73. SERIES OF 2000
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A RESOLUTION DESIGN A TING THE ENGLEWOOD DEPOT LOCATED AT 3090 SOUTH
GALAPAGO STREET AS AN HISTORIC PROPERTY IN THE CITY OF ENGLEWOOD.
COLORADO.
COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (r) (I) -RESOLUTION NO. 73, SERIES OF 2000.
Motion carried.
Ayes : Council Members Nabholz, Bradshaw. Wolosyn, Yurchick, Grazulis ,
Bums
Nays : None
Absent: Council Member Garren
Mayor Bums. on behalfofthe Council, stated that he wanted to thank the Historical Society for all th e
work they have done on the depot, and staff as well . He said it was hts great pleasure 10 present Ms. Scon
with the Historic Property Designation Cenificate. Mayor Bums offered his congratulations and asked for
a round of applause .
Mayor Bums acknowledged how much time and work these kinds of designations take . On behalf of
Council, he offered his appreciation for the work of the Historical Society volunteers.
(ii) Director Black presented a recommendation from the Parks and Recreation
Department to adopt a resolution authorizing the transfer of ownership of the Hotel and Restaurant Liquor
License with Optional Premise from JOQ's Corporation to the City of Englewood. He noted that sewral
weeks ago he gave Council an update on the restaurant concessionaire at our Englewood Golf Cour se .
They had turned in their notice to leave that facility and then they pushed that timeframe up . As of
yesterday, he said, the Golf Course was operating the restaurant. We have applied for a temporary liquor
license with the City of Sheridan. he said. and they have requested a re so lution from C ity Coun c il as part of
that application. Mr . Black advised that Bob Spada . our Golf Operations Manager. will be meet mg wnh
Sheridan City Council tomorrow night and will include the resolution in the packet. if Counc il so approve
it tonight . We hope, he said, that by tomorrow night the City will ha,-e the temporary hquor li ce nse from
Sheridan and we will then be able to sell beer at the Golf Course starting on Wednesday
Mayor Bums noted that this facility is in the City of Sheridan.
The resolution was assigned a number and read by title :
RESOLUTION NO. 74, SERIES OF 2000
A RESOLUTION REQUESTING THAT JOQ TRANSFER OWNERSHIP OF TH E HOTEL A D
RESTAURANT LIQUOR LICENSE OPTIONAL PREMISE TO THE CITY OF ENGLEWOOD.
COLORADO.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO APPROVE
AGENDA ITEM 11 (r) (II) -RESOLUTION NO. 74. SERIES OF 2000 .
Motion carried .
Ayes : Council Members Nabholz, Bradshaw, Wolosyn , Yurchick, Grazulis,
Bums
Nays : None
Absent: Council Member Garren
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Enclewood City Countil
Aucust 21. 2000
Pace 10
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{iii ) Rick Kahm advised that he is the Eng ine ering and Capital Projects Manager for
the C ity, however he is speaking tonight as a Director of the Englewood En vironme ntal Fo und atio n. He
presented a recommendation from the Englewood Environmental Foundation to adopt a reso lution
supporting the deal sheet between the Englewood Environmental Foundation and Mill er Weingarte n
concerning the space at the Bally Building at CityCenter Englewood. Mr. Kahm advised th e deal shee t ,s
dated August 21 , 2000 and the parties in the lease would be Weingarten/Miller/Englewood LLC. Landlord
and the Englewood Environmental Foundation as the tenant. The leased premises, to be de vel oped m th e
Baily's building, would be approximatel y 12 ,000 square feet. Mr. Kahm explained th e reason that ,s an
approximate number is because the building has not been fully designed yet , once the la yo ut take s pl ace "e
will know exactly what the square footage is . It is a space lease with one lump sum rental payment . pa id a t
the beginning of the lease and that would be upon completion by Miller Weingarten o f the core and she ll.
Council Member Bradshaw asked when we anticipate that . Mr. Kahm advised that b y pa ss mg th e
resolution this evening, the deal sheet would allow us to go forward and enter mt o a lea se . which wo ul d
require that they have that core and shell available to us within eight months of their c los in g. whi ch was
August 4, 2000. Ms . Bradshaw said okay, so that doesn't chan ge that timehne at all . Mr. Kahm agree d
that this docs not change that timeframe .
Mr. Kahm noted that it is , approximately. a 75 -year lease and it wo uld run conc urrentl y wnh the Mill e r
Weingarten ground lease that they have with the Foundat ion for the who le property . He stat ed th e price
would not exceed $668.000 . We would actuall y be paying for the actual costs of hard costs and sofi costs .
There arc formulas in the deal sheet that would allow us to parti c ipate 1fthe re are. in fa ct. savmgs fr o m tha t
number. On the soft cost side it is also puts a cap of$48.000 on architecture and eng ineenng. A
development fee is established at S 15 ,000, legal fees are capped at $1 5,000, that is a not to exceed numbe r,
and interest is at the rate of one-half percent below prime, but capped at a maximum of $40,000.
Regarding the condition of the leased premises, he said. Miller Weingarten has defined a core /shell as a
storefront with one entry door, one rear door, a troweled concrete floor with c utout for bathroom(s), o ne ton
HVAC per 400 square feet of building, that 's provided but not distributed . A 100 amp 1201208 volt pane l
for electrical. There would be structural studs on 16 inch centers with ban msulauo n. whi c h wo uld separat e
the Baily's use from this space and it comes with a water line , a sewer hne and exte nor sid e walks and
railings . That, he noted, is their definition of a core and shell .
Council Member Bradshaw asked if that is the total cost. Mr. Kahm stated that is what we ge t fo r o ur
S668 ,000 maximum .
The resolution was assigned a number and read b y title:
RESOLUTION NO. 75 , SERIES OF 2000
A RESOLUTION SUPPORTING THE DEAL SHEET BETWEEN TH E ENGLEW OOD
ENVIRONMENTAL FOUNDATION AND MILLER/WEINGARTE N CO NCER N ING SPA CE AT Tl-I E
BALLY BUILDING .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM JI {cl {iii) -RESOLUTION NO. 75, SERIES OF 2000.
Vote results:
Motion carried.
Ayes:
Nays :
Absent :
Council Members Nabholz. Bradshaw, Wolosyn, Yurc hick , Graz uli s.
Burns
None
Council Member Garren
(iv) Mayor Burns advised that Director Gryglewicz would be presenting a
recommendation from the Department of Finance and Administrative Services to adopt a resolution
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Englewood City Council
August 21, 2000
Page II
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appropriating and transferring funds for the hard and soft cost of the David Taylor Dance Thearre·s
relocation to the CityCenter Englewood site.
D irector Gryglewicz requested Council consider Agenda Item 11 (c) (v). a recommendatio n to adopt a
resolution supponing the deal sheet between the Englewood Environmental Foundation and the David
Taylor Dance Theatre, first. He explained that he would like Council to consider that first . as that is the
deal sheet with David Taylor that should be considered prio r to taking this action.
Counc il Member Nabholz said she has a couple of questions she needs to have cleared up . Number o ne.
she said, by moving this deal sheet, she wants to make sure we are not compromising any of our current
projects that are going on. whether it be the water park. expansion of Malley Center or expansion of Parks
and Recreation . She wants to make sure that none of our City and community things will be impacted by
moving this . Director Gryglewicz advised that the projects. Ms. abholz j us t spoke about , will be
considered in a bond issue scheduled for 200 I. This will have an impact o n the budget. he said. but at the
present time it will not impact any current projects.
Mayor Burns asked for confirmation that Director Gryglewicz was recommending Counc il consider
Agenda Item 11 (c) (v) first. Mr. Gryglewicz said yes .
(v) Assistant City Manager Flaherty present ed a reconunenda11on from the
Englewood Environmental Foundation to adopt a resolution supporti ng the proposed deal heel bct\\e~n the
Englewood Environmental Foundation and the Da vi d Taylor Dance Theatre for s ublease of spa c m th e
Bally building. He said. as Council will recall at our la st Study Session, Counci l completed th e ir verbal
negotiations with Mr. Taylor regarding use of the space and the cost allocation for the development of that
space. The intent of this deal sher!, he explained. is to be the basis for the contract that will incorporate th e
terms that Council discussed with Mr. Taylor last week . Mr. Flaherty said he wanted to summanze those
terms. The City will contribute the irutial cost of the core and shell finish to be provided by Miller
Weingarten to the City. The cost of that 1s approximately $529.000, to finish 9,200 square feet of the
12 ,000 square feet of the space the C ity wtll lease from Miller. A maximum expenditure for tenant fini sh
ofS275 ,000 and declining payments over five years totaling $240,000. Benefit to the Ci ty will in clude
rental payments received from David Taylor. at the rate ofS6,875 a year, for a total of$34.3 75 dunng the
first term of the lease. The lease would be a five year lease with three, five year options. Over the term of
the lease, ifwe go to full term. 11 would be $137,500. However, he noted. Council. at the last sess ion.
indicated to Mr. Taylor that they ,.anted to make the lease payment subject to negotiati o n at the end of
each option penod ... at the end of the first five years and then at the end of each option period thereafter.
Mr. Taylor will provide. through hi s dance group, approximately $72,000 a year, in services to the City, m
the way of performances at CityCcnter. He asked if Council had any questions .
Mayor Burns commented that he thought this comports with our negotiation la st week and o ur discussion.
Council Member Bradshaw stated that this reflects what we negotiated .
Assistant City Manager Flaherty stated that we believe this reflects what Counci l negotiated with Mr.
Taylor. We have had to clarify a couple of items for purposes of understanding how we move forward with
this project. In particular, he said, how the joint funding would take place. He advised that what we are
suggesting is that Mr. Taylor would be provided an amount of time, and we have provided twelve months.
for him to raise the necessary funds or in-kind services. necessary to add to the C i1y·s $275,000, so that
when we go forward with the project, we know that we have the funds available to complete the project.
Council Member Bradshaw noted that this also ties into that August 4th closing date with Miller
Weingarten .
Council Member Nabholz said it is her understanding that we would have to do this core a nd shell finish
anyway at the same cost.
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Englewood City Council
August 21, 2000
Page 12
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Mayor Burns pointed out that the City retains O\\nersh1p of that space , it is not transferred to David Taylor.
Assistant City Manager Flaherty said on the 75 year term, that was correct.
Council Member Yurchick said he had a question on the $360.000 m-kmd for the first five ye ars . He asked
if there wasn 't an additional in-kind. Mr. Flaheny said yes. that actually the $72.000 a ye ar , according to
Mr. Taylor's calculations, were for his performances only. In addition to performances , he has also
indicated, and we have indicated in the deal sheet. that Mr. Taylor would provide some additional servi ces
to the City, including discounts for Englewood residents and CityCenter complex merchants. as well as
scholarships to all Englewood residents who fall below the poveny limit as defined by the Depanmcnt of
Housing and Urban Development .
Mayor Burns asked if there were any other questions or comments about the deal sheet . There were no ne .
The resolution was assigned a number and read by mle :
RESOLUTIO NO . 76, SERIES OF 2000
A RESOLUTION SUPPORTING THE DEAL SHEET BETWEE ENGLEWOOD ENVIRONME1'TAL
FOUNDATION AND DAVID TAYLOR DANCE THEATRE .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO APPROVE
AGENDA ITEM 11 (c) M · RESOLUTION NO. 76. SERIES OF 2000.
Ayes : Council Members Nabholz. Bradshaw. Wolosyn . Yurch1 ck. Grazuli s.
Burns
Nays: •1one
Absent : Council Member Garrett
Motion carried.
(iv) Mayor Burns noted that this is the recommendation from the Depanment of
Finance and Administrative Services to adopt a resolution appropnating and tran sferring funds for the hard
and soft cost of the David Taylor Dance Theatre's relocation to the CityCenter Englewood 1te .
Council Member Bradshaw said she had a question on the amount . She noted that on thi s proposed
resolution it says $690.000 and then we just approved the Baily 's deal sheet with $668 ,000. Ms . Bradsha"
asked if we need to change this to reflect that . Director Gryglev.~cz said yes , that the new number is
$943 ,000 in total ... $668 ,000 is for the core and shell and $275 .000 is the maximum for the tenant fini sh.
The resolution was assigned a number and read by title :
RESOLUTION NO . 77 , SERIES OF 2000
A RESOLUTION FOR A TRANSFER AND APPROPRIATION OF FU DS FOR THE HARD AND
SOFT COSTS OF PROVIDING THE DAVID TAYLOR DANCE THEATRE .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (Iv)· RESOLUTION NO. 77, SERIES OF 2000.
Motion carried .
Ayes : Council Members abholz. Bradshaw. Wolosyn , Yurch1ck , Grazulis ,
Burns
Nays : None
Absent: Council Member Garren
12 . General Discussion
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Englewood City Council
August 21, 2000
Page 13
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Mayor Bwns noted they had Mayor's Choice (Agenda Item 12 (a)) and Council Mernber·s Cho ice (Agenda
hem 12 (b)) at the cod of their Study Session. He asked if anyone had any other matters the y wished to
present. There were none.
13 . City Manacer's Report
City Manager Sears did not have any matters to bring before Council .
14 . City Attorney's Report
City Attorney Brotzman did not have any matters to bring before Council .
*****
Mayor Bwns advised that Council had a reconunendation to go into Ex ec utive Session foll owmg the
regular City Council meeting to discuss three personnel issues .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. FOR COUNCIL TO GO
INTO EXECUTIVE SESSION FOLLOWING THE REGULAR CITY CO NCIL MEETING TO
DISCUSS THREE PERSONNEL ISSUES.
Council Members Nabholz, Bradshaw, Wolosyn , Yurc h1 c k. Graz uli s.
Bwns
Ayes:
Nays: None
Absent: Council Member Garrett
Motion carried.
15 . Adjournment
MAYOR BURNS MOVED TO ADJOURN . The meeting adjourned at 8:23 p .rn .
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, AUGUST 21, 2000
7:30 P.M.
Englewood Civic Center
1000 Englewood Parkway
Englewood , CO 80110
1. Call to order. fJ :35/ IJIJ
2. Invocation . /)~
3. Pledge of Allegiance. ~
4.
5 . Minutes .
Minutes from the meeting of Regular City Council Meeting of August 7, 2000~
6. Scheduled Visitors. (Please limit your presentation to ten minutes .)
../>1J/:. a. Carla V: as will be present to address City Council regarding the treatment of the ~ P, 1c by Municipal Court employees .
7 .
8 .
~
9.
Unscheduled Visitors. (Please limit your presentijtion t9. five minutes.) ft. t I/ te/S" I~ It IUW IJ -'Glr (){)r-!Hl!. o /fie. '
f,-:. lJ!.oA) P//JE.1?._-{),JJ/OAI A-U!i.. T~/N K. 1' ~lrFP/~
Communications, Proclamations, and Appointments .
a. A letter from John M. Goodyear Jr . in icating his resignation from the Englewood
Planning and Zoning Commission .
Public Hearing.
a. A public hearing to gather public comment on Council Bill No. 61, amending the
Englewood Comprehensive Plan to include a Regional Plan Element.
~IJK. qL,'llrlJ. uwd~-0 /). /JUhtJ._ --~~
Pleue note: If you have a dlublllty and need auxlllary alda or NrVlces, please notify the City of Englewood
(303-762-2405) at lea1t 48 houra In advance of when NrVlcn are needed. Thank you .
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Englewood City Council Agenda
August 21, 2000
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Page 2 · ~ ~ ~411. t!H){j;-~ )jtJ../;10 j{)~jJ 1i)i ~_/~-AV.£? .
-fl-1f. Consent Agenda. J{)~;J/f//ll I JV,//
a. Approval of Ordinances on First Reading .
i. COUNCIL BILL NO. 70 -Recommendation from the City Manager's Office to
adopt a bill for an ordinance authorizing the CityCenter Engl ewood Common
Area Maintenance Agreement with the Regional Transportation District . STAFF
SOURCE: Mike Flaherty, Assistant City Manager.
ii . COUNCIL BILL NO . 71 -Recommendation from the Utilities Department to
adopt a bill for an ordinance approving a Li cense Agreement and a Con structi o n
Agreement for the City Ditch and Newton Tru st . STAFF SOURCE: Stewart H.
Fonda, Director of Utilities.
b . Approval of Ordinances on Second Reading.
i. Council Bill No. 65, acceptin g grant f undin g in th e amount of $7,500 fr o m th e
State of Colorado 's Department of Lo cal Affairs to support the Arapahoe Co unty
Enterprise Zone .
ii . Council Bill No. 66, accepting a Grant of Property for the continued
development of the Big Dry Creek Pedestrian /Bike Trail.
iii. Council Bill No. 67, approving the 2nd Amendment to the Re gional
Transportation District agreement.
iv. Council Bill No. 69, authorizing a Temporary Construction Easement for Big
Dry Creek Bike/Pedestrian Path .
c . Resolutions and Motions.
i . Recommendation from the Community Development Department to approve,
by motion , a contract with Mr. Todd Siler for completion of the Art Wall at Wal-
Mart. STAFF SOURCE: Lauri Dannemiller, Planning Analyst.
ii. Recommendation from Littleton /Englewood Wa stewater Treatment Plant
Supervisory Committee to approve, by motion , a contract for facilitie s
assessment and planning. Staff recommends approving a contract with Brown &
Caldwell in the amount of $95 ,700. STAFF SOURCE: Stewart Fonda, Utilities
Director.
iii. Recommendation from the Littleton/Englewood Wastewater Treatment Plant
Supervisory Committee to approve, by motion, the purchase of an Ammonia
Analyzer. Staff recommends awarding the bid to the lowest technically
acceptable bidder, Ted Miller and Associates, in the amount of $25 ,235 . STAFF
SOURCE: Stewart Fonda, Utilities Director.
P ..... note: H you have a dlublllty and need auxiliary aids or NrYk:fl, p ..... notify the City of Englewood
(303-712-2405) at lent 48 hours In advance of when HrVlcn arw needed. Thank you.
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Englewood City Council Agenda
· August 21, 2000
Page 3
iv. Recommendation from the Littleton/Englewood Wastewater Treatment Plant
Supervisory Committee to approve , by motion , a contract for construction
services for Service/Support Facility Expansion and Modifications . Staff
recommends approving a contract with Long Construction in the amount of
$925,000. STAFF SOURCE: Stewart Fonda, Utilities Director.
v. Rec o mmendation from the Utilities Departm ent to approve, by motion , a
contract for roof rehabilitation of the Clark so n Stree t re se rvoir. Staff
recommends awarding the bid to the low bidder, ABCO Contracting, Inc., in the
amount of $77 ,325 . STAFF SOURCE: Stewart Fonda, Director of Utilities.
11 . Regular Agenda .
a. Approval of Ordinances on First Reading .
COUNCIL BILL NO . 40 -Recommendation by the Department of Public Works
to adopt a bill for an ordinance amending the City's Rights-of-Wa y Ordinance
and to schedule a Public Hearing for September 5, 2000 to gath er public
comment on the ordinance . STAFF SOURCE: Ken Ross, Director of Public
Works.
b . Approval of Ordinances on Second Reading.
-f:Y
c. Resolutions and Motions .
IJ .. _ ,L i . Recommendation from the Community Development Department to adopt a
~fl~,,; .¥J d /,-()resolution for Historic Property Designation of the ~nglewood Depot . STAFF
--;/ SOURCE: Lauri Dannemiller, Planning Analyst. / )£/>i't
ii. Recommendation from the Parks and Recreation Department to adopt a
/) _ fl ,. / resolution authorizing the transfer of ownership of the Hotel and Restaurant
(}Jfr,r '7'-t Liquor License Optional Premise from JOQ's Corp . to the City of Englewood .
d..nJ.A 1,-D STAFF SOURCE: Jerrell Black, Direcj1,,~f ~arl<J and Recreation and Bob -ff ~ Spada, Golf Operations Manager. /Z)~
iii . Recommendation from the Englewood Environmental Foundation to adopt a
/J .. _ ,1 nr resolution supporting the deal sheet between the Englewood Environmental
l(j4bFf" ·I';? Foundation and Miller/Weingarten concerning space at the Ball y Building at
linM/~-D CityCenter Englewood. STAFF SOUBkE: Rifk fahm~glewood -Tr~ Environmental Foundation Board. //J ~
iv. Recommendation from the Department of Finance and Administrative Services
(), _ ,t 'J 7 to adopt a resolution appropriating and tran sferring funds for the hard and soft
~ costs of the David Taylor Dance Theatre 's relocation to the CityCenter
flhldl _n Engl~~ood ~ite . ST~FF S<¥,JJCE: ~rank Gryglewicz, Director of Finance and '1T~ i,-l/ Adm,mstrative Services. ~ ~.Jw-
PleaN note: If you have a dlublllty and need auxiliary aids or aervlces, p ..... notify the City of Englewood
(303-782·2405) at lent 48 hours In advance of when aervlces are needed. Thank you .
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Englewood City Council Agenda
August 21, 2000
Page4
~'lb V.
dff# IP-v
Recommendation from the Englewood Environmental Foundation to adopt a
resolution supporting the deal sheet between the Englewood Environmental
Foundation and the David Taylor Dance Theatre . STAFF SOURCE: Mike
Flaherty, Assistant City Manager. ~l.ttq--
12. General Discussion.
a. Mayor's Choice.
b. Council Members' Choice.
13 . City Manager's Report .
a. CityCenter Englewood Update .
Of/3~-D b . Recommendation to go into ExecutivS,~ssi~n f~lowing the regular City Council
meeting to discuss personnel issues .n ~
14 . City Attorney's Report .
The following minutes were transmitted to City Council between August 4 and August 17, 2000 :
• Englewood Urban Renewal Authority meeting of May 3, 2000
• Englewood Urban Renewal Authority Special Meeting of June 21, 2000
• Englewood Parks and Recreation meeting of June 8, 2000
• Englewood Parks and Recreation Notice of July 13, 2000 Meeting Cancellation
• Englewood Non-Emergency Pension Board meeting of May 9, 2000
• Englewood Non-Emergency Pension Board telephone poll of May 9, 2000
• Englewood Public Library Board meeting of July 11, 2000
• Englewood Code Enforcement Advisory Committee meeting of July 19, 2000
• Englewood Planning and Zoning Commission meeting of July 18, 2000
PINN note: H you have a dlublllty and need auxiliary aids or MrVlcn, pluu notify the City of Englewood
(303-712-2405) at INat 48 hours In advance of when MrVicN an needed. Thank you .
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Leigh Ann Hoffhines -.iillllllll 08/18/2000 08:49 AM
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To : #City Council, #City Manager's Office
cc : Lou Ellis/City of Englewood@COE, Cathy Burrage/City of Englewood@COE, Nancy Fritz/City of
EnglewoodO,COE, Dan Brotzman/City of Englewood@COE, Stu Fonda/City of Englewood@COE
Subject : 8/21 Agenda Attachment
I inadvertently attached a last-minute addition to the City Council Agenda to the wrong
agenda item. The letter from Camp Dresser & McKee, Inc. that is attached to the City
Ditch/Newton Trust License Agreement (agenda item 10 a ii) should have been attached to
the Clarkson Street Reservoir Roof Repair bid (agenda item 10 c v).
My apologies for the inconvenience ...
Leigh Ann
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AUG. 15. 200 0 10 :41AM NO. 984 ; P. 2
Camp Dres.1er & McKee Inc.
Aupst IS, 2000
MT. W"allilm W. McCormick
U1ilities Depanm111t
Ciry of Enalewooc!
3~ Souda !tati Stnet
Eql...ood, CO IOI 10
n Stl'Nt 6-Million-Gailon Resel"oir Roof 'Rehabilitation
I
3. 2000, the City rec · 'arlcson Sll'Nt 6-Million-Gallcn
...,...,~· RoofR on projcc:t The !cw bidder:$ CO Conll'ICting, Inc:.
(S77,J2S , second low bidder is CET Environmental Se ic:es, Inc. ($14,895.30), and the
third low bidder is Premier Specialty Connc:ors (S I 14,JO .
The -=oad md lhin! low bidders both bad diJC.-epanc:i -;heir bids, but dte final bid
positions wel'I !lot affected. The revised bid !lbulati s attached. All tbrn bidden
mwn~ tile bid SKUrity uaouni requirement · !he "lnviwion For Bids" uid
providd bid boads for 5Y. of the tota! bid amoun er :hm die Si,500 minimum. We
NCOIDIIIIDd lllac this iafonnality be waived.
ABCO Cofflrlcara1, lllc:. shows adequm
c:ancma l1nlClllnS. All tllrw of the
ABCO's work and aid t!ley would
· enc:e per!ormins rehabilitation of existing
es dw we c:cnraaed were vary satiJfild wiih
worlt ..,;lb diem again.
Sued gpaa our l'Vllllltiou. CDM
18MrYoir RoofRwllilimioll
c:oatact me or Grq Dye if you
Very lnlly YOIIIS,
CAMP, DRESSER .t
hMtt._!. P E11. """" ....
Encloslln
c:c: G. Oyw
Jl. Tbarmoa
G. Saphom
ll SCNle
COM
COM
CDM
COM
ends tlw Claritson Street 6-Million-Gallon
be ~Id to ABCO Contracting, Inc:. Please
e any questions.
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COUNCIL COMMUNICATION
Date
August 21, 2000
Agenda Item
License Agreement and
Construction Agreement for
the City Ditch and Newton
Trust
INITIATED BY
Utilities Department
STAFF SOURCE
Stewart H . Fonda , Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
The Englewood Water and Sewer Board recom
Construction Easement and License Agreeme
the James a. Newton Trust.
nds Council approval of the Grant of
or the Englewood City Ditch to Newton for
BACKGROUND, ANALYSIS, AND AL TEA ATIVES IDENTIFIED
The James Q . Newton Trust requested a icense Agreement and Grant of Construction
Easement for the purpose of construct roadway improvement on the west side of Santa Fe
Drive . Upon review, the Englewood Util' s Department is requiring the Newton Trust to install
approximately 1,760 lineal feet of 54" A P pipe and access drive across the Englewood City
Ditch right-of-way .
In the Construction Agreement, Englew d agrees to permit Newton Trust to install the 54"
RCP and at the same time store pipe, eq · ment and fill dirt on Englewood's right-of-way in
described easement. Newton Trust will er a temporary security fence around the storage
site to maintain security .
FINANCIAL IMPACT
None .
UST OF ATTACHMENTS
Bill for Ordinance
Grant of Construction Easement and License Agreement from James Q . Newton Trust
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l. Call to Order
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, AR.\PAHOE COUNTY. COLOR.\DO
Regular Session
August 7, 2000
Sa
The regular meetin g o f !he Englewood C i1y Counci l was ca lkd 10 o rd er by Ma yo r Burns al :0 p.111 .
2 . lm'ocation
The invoca1io n was given by Council Member Nabho lz .
3. Pledge of Allegiance
The Pledge of Allegiance, as led by Ma yo r Burns .
4 . Roll Call
Present :
Ab,ent :
A quo rum wa present.
Al so present :
5. Minutes
Coun ci l Members abho lz . Grazuhs. Garren. Brads ha". Wo lfll,) n.
Yurchick . Burns
None
City Manager Sear,
Ci1y Ano rne y Bro tzman
Deputy Ci 1y C lerk Wh11e
City C lerk Ellis
Fire Marshal Greene
Direc 1o r Ol son. Safc1 y en, e,
Senio r Planner Sun . Community Develop men!
Direcwr Black. Parks and Rec reat, n
(a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO
APPROVE THE MINUTES or THE REGULAR CITY COUNCIL MEETING or JULY 17 , 2000 .
Ayes: Counci l Members Garren. Brads ha w. Wolosyn. Yurchick. Grazulis .
Burns
Na>s : None
Ab stain : Coun cil Member Nabho lz
Mo tion carried.
6 . Scheduled Visitors
(a ) Jonathan Manning, 3828 South Inca Street passed o ut a packet of in for matio n to City
Coun ci l. He stated he has resi ded in Englewood for the past five years and during that time he ha s had
many experiences. some good and so me bad . When he attended Englewood High School, he said, he
played football. wrestled and played lacrosse and in these s po rts he excelled and grew. no t o nl y as an
athlete. but also as a person. He advised that he was captain in football and wrestling. Mr. Manning noted
he was also blessed enough by God to take the 4A. 215 pound, State Championship in 1999 . Be si de s
sports, he said, he was also active in the school. He was involved in studem government, being a
representative in hi s junio r year and being elected to the office of Student Bo d y Historian hi s semo r yea r .
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He anended Boys Stale where he learned to how government operated and he helped se1 up hi s O\\ n
government . He learned parliamentary procedure and came back and 1augh1 ii 10 Engle\\· od ,iudent
government. Afler gradua11ng fr o m Englewood. he said. he attended !he Colorado Sch ool o f '.\line s." here
he also wrestled. Mr. Manning s1a1ed thal during an incident in June o f 1h1s year. he wa, s u bjec ted 10
profanity. degrading remarks and denial o f rights . The o fficer wh o slopped us. he said. li e d 111 h1 · re pun b)
saying 1ha1 I used profanity in \\ays !hat I did not. He chose 10 o mit 1he fact 1hat he us ed profamt). n 1
o nce . not 1wice , bu! several llmes . Mr. Manmng stated that !he o nly time he u ed profan11y "J, m re p.in,e
to being ca lled a name. which he then responded that in his o pinion the offi ce r was that name . The n b, 1uu,
injury to my wri s t wa s ignored. even though there was a white bandage aro und h1> rin ge r Jnd "r.1pped
around his wrist. The handc uffs were placed directly over three marks o n h1, \\nst fr o m the Arthro,co p,
he had had two weeks before . His plea to have hi s wri sts re-,uffed and placed in fr o nt o f his bL1dy. becau ,c
!he way he was s itting was very un comfortable and made hi s wrists th rob. "a;, also 1gn red . He "a, nu t
seat belted in in the police car. even though he requested to be seat be lted in . Abo ut a )Car previ o us 1,, th"
incident. he sai d . he was in a roll-over where he wa s saved by !he grace o f God and hi , seatbelt . A l11t lc
more recently he had a good friend . Russe ll No rman. he a lso attended Englc\\OOd Hi gh c hool .,nd pl.lt'eJ
second in Stale wrestling. he was in s imilar accident and died . simpl y becau se he \\as no t \\earing a
eatbelt. I th o ugh! there was a S1a1e law about sem belts. he said . Because the y are po lice officer,. doe,
that entitle !hem to ignore !he law when the y please. he asked . What reall y amaze s me. he s :11d. 1s that I
was a passenger and if the vehicle was truly being sto pped due 10 a fault y tail light. then why "as I. th e
passenger ... as I was minding my o wn busmess ... harassed by a po li ce o ffi cer. Wh a1 compelled him to lie
about s melling alcohol o n my breath. he asked. Mr. Mannmg adv1;,ed that he had bee n n ant1b1011cs for
the previo us 1wo weeks and he -.as still o n Vicodin . He s tated he behevcs 11 1s because anyo ne unJa
twent y-five. oul after 9 :00 p .m .. 1s targeted by !he po lice department. Mr. Manning explained that his
refusal to take the Breathalyzer was based o n the fac1 that no ! o nl y was he no t drinking . but the o ffi cer al,,o
refused to !ell him hi s right ln&tead o f s impl y staling that he wa s required to do so by la w. the o fficer
began to c ur se at him and call him names . Afler he s igned for hi s release later that night . he \\as take n
before the officer wh o s lo pped them . Mr. Manning asked if he wa s released and 1f he cou ld ha,e hi s I.D
bac k. he refused fo r fifteen minutes. because he wanted to and. m fact did . le !Ure him . After alread v
s1gnmg h1 release papers. he said he repeatedly asked him if he had been relea sed and 11' he could ha ,c h"
per o nal pro peny back . The officer 's reply was to continue to lec ture him with a profanit y tilled lecture. he
said . He mamlamed !hat he \\JS never g iven any random warnings or an o ppo rtunit y to all ,o mc o ne 1<1r
cou nsel. The real ki cker. he s aid . 1s !hat the dri er did nOI receive a t1 c ke1 fo r hi s tailli g ht, 1101 \\Orkm g
pro perl y. nor did he receive an alcohol ucket . even th o ugh he regi stered a po mt ze ro o ne o n the porta ble
breath te t. Of cour e . he pointed o ut. that reading can also register 1f 1he person ha s used a m uth was h or
cenam cough syrups. However. he emphasized. the sa me perso n. wh o did no t recei ve a ti c ket. \\a;,
coerced. with out Miranda warnings or counsel, to make a statement !hat he . Mr. Manning. had been
drinking . When he didn't put my name in his statement . he was to ld 1hat hi s s tatement wasn ·1 good
en o ugh . He was 1old he had to use my name or he would go to Jail. Mr. Manning said he didn 't kn o " 1h at
evidence gathered by coercion was good police work and he didn ·, kn o w thal profanity wa s a
professi o nall y accepted standard of the Englewood Police Department. I kn o w no w, he sa id . tha1 po li ce lie
and do whal the y want and in 1he words of the officer that sto pped his friend's ve hicle. "you have no ri ghts .
1he po li ce are in control." I have now experienced what I have . previously. o nl y heard fr om my friend s
"watc h o ut fo r certain Englewood police officers. !hey do what !hey want ." So in conclusi o n. he said. hi s
questi o n is ... when is the City Council going to recognize that there are some unprofessional po lice officers
in 1he Englewood po lice depanment? Those police officers 1ha1 have their own agenda. And when are the
police go ing 10 s to p targeting yo uth as criminals because they are, merely . under the age of twent y-five?
(b } Fred Manning, 3828 South Inca Street, said he wanted 10 1alk about the actions o f 1he
Englewood Po lice Department. In response 10 Mayor Burns, Mr. Manning advised 1ha1 he is Jonathan
Mannmg's father . Mr. Manning said that he has always heard that you can catch flies better with honey
than vi negar. but he is just a vinegar kind of guy. He said he likes to say things how he thinks the y are.
whether people like to hear it or not. One of the things tha1 is mos! offensive is the fact !hat the po lice ca n
do what they want . He stated that if he was to speak. in !he same manner that !his officer s po ke. he would
be hauled in for disorderly conduct. he would be pissed off. but !he officer has 1he right 10 do that, he 1s
allowed 10. because ... guess what. .. nobody does anything about it. Nobody comes down here and says
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an ythin g . because they expec t no thing to happen . The average c it izen doc,s not o me 10 yo ur meet ing .
be cau se he expects nothin g at all to happen . That is wh y he stays ho me and pla ys with hi s remote or goes
and plays a sport o r does something el se. Mr . Mannin g ad vised that he ca me do \\n to the meeting. beca use
he th o ught Counc il ha s the o p portunit y to do something . He sa id he th o ught Coun 11 need s to think a bo ut
it. The prevailing questi o n he reall y ha s . he sa id . 1s when dtd y u de 1de to hate yo ur kid s' Think a bo ut.
he said. the po lice target people under twent )-fi ve . Wh e n )O U o me d o wn Bro adway a fter 9 :00 p.m .. the
pe o ple that are sto pped are under twent y-fi ve . They arc no t peo pl e over twe nt y-1ve. th ey are und er
twenty-five . And what are their crimes '' Dri vin g wnh a bro ke n tad pipe. u.a vin g the ir ar m ut the, windO\\.
having their headlights on high ... so me stupid little reason. he sa id . It 1s all pre te \l and thi s ha s go ne o n for
generati o ns. it is no t a new thing . For some reason. e ithe r because or Lhe ig no rance o f yo uth or beca use
they have no sa y so in po litics or an ything else. the y get targc,t ed by the po hce . Th e re are ba nkers. real
estate developers. pres idents, other peo ple held in hi gh esteem . "ho a re bi gger crook a nd crimin als an d
no thing gets done about them . But. he, noted . we have to target th e yo uth . Wh y ,s that ? I do n 't get 11. he
said . Why is a question hke "what are my rights?" s up posed to be a n in s ult to a po li c e o ffi cer. Wh y s h,J uld
that be a challenge to his auth o rit y? Do yo u expec t yo ur rights , f yo u get ,to pped '' Do yo u expect 10 be
treated in a profess ional manner? Does that typi c all y happen to yo u because )OU are over twent y-ti ,e·> ~t r
Manmng s aid he is at least twent y-six and he hasn 't had thi s pro blem fo r a lo ng ume. But when he wa,
under twenty-li ve he was sto pped over fifteen time s. Wh y? Becau e hi s car wa s o lder. he wa, und e r
twenty-live and guess what. .. he wa s a pro filed perso n. Bec au se . he ins isted . if yo u are o ut after 9 :00 pm ..
and yo u are not o ver twent y-li ve. yo u are a problem. yo u mu st be a crimmal . there mu st be so me thin g
wro ng wnh yo u. What are yo u d o mg go mg out and having a good time ? Why are yo u o ut wnh yo ur
friend s? Wh y are yo u go in g places? Wh y are yo u pl a ying la ser tag at I :00 a .m. in the mo rmn g? T here
must be somethmg wro ng w11h yo u. That. Mr. Manning stated . is the attitude that pre vail s . The ot her thin g
,s equalit y. Wh y s ho uld our c hildren think they have equal right s? If I were to turn a ro und and pull m)
pants do wn and moon the Cit y Council. he said. I wo uld be c harged with indecent exposure. I wo uld have.,
sexual cnme on my reco rd the re st o f my life . because I am a civilian. But other peo ple in the C 11 y do the
same thing and all the y do ,s get a reprimand and lose a little pay. Well, there's a problem there. he ;aid .
there is so mething about equahty under the law that doesn 't exist if yo u 're under twent y-li ve in
Englewood . o w. arc all the kid fro m the high school here ' No the y aren ·1. Co uld the y be here ' We ll.
he said , I thtnk that 's possible 1fthat is what you want. He said ma y be we can organize some marc he s fo r
you. so you can get some good press about the image or Englewood cops . Because. guess what '! There arc
a lot or kid, that do n't appr.:ciate ho w they have been treated, the y do n't appreci ate that the police can get
away with little "hne hes. because they are the believable adults . the o nes wh o are the standard o f the
commun11 y. Well . guess what ' Sometimes, he maintained. to make the little pro bable cause o r the
mdictment o r whatever else they are looking for. .. the truth get s tretc hed j ust a little bit. Some times to
protect yo ur salary or yo ur JOb . the truth gets stretched a little bit. No w. he noted , I could have co me down
here and used the same profanity that the cop did. for shock value. and Co uncil wo uld be to tall y offended .
But . yo u see. bec au e thi s happened to someone under twenty-live it ,s no b,g deal. Because. gue ss what. if
yo u are under twent y-live yo u are a liar . that cop couldn 't have done that . yo u co uldn 't have been treated
that wa y ... 11 is no t possible . But, Mr. Manning stated. it ,s. He said he ha s been around the high school fo r
the la s t li ve years and you can as k Mr. Pierson. the principal. the janttors. the coache s a nd a lo t o f the
teachers a nd the y will tell you that I support the kids . I have been a schoolteac her. he added . Mr . Mannin g
stated he hears at the high school and everywhere else that the y aren 't treated fairl y. the y aren't treated th e
same and he just th ought Co uncil would like to know.
(c) Do ug Cohn, 3051 South Mari o n Street. stated he wa s address ing Co uncil thi s e venin g a~
the un o fficial spokesman for the businesses along So uth Broadway. He said he wanted to talk a bout thre e
things fairly quickly . The first one is to say that Council did a good j o b. that they are pleased with the work
that has been done on the sign ordinance and the revision o f that sort o f stuff. That is a good thing. The
revision has been needed for a long time and with everything that has been going on with the
redevelopment of the CityCenter. they appreciate Council taking the time to look at that wh o le is s ue . Mr.
Cohn said he appreciates the work the City is doing with the repaving and the new look al o ng Broadwa y.
He o pined that that ,s a good thing for all of the small business people and they do appreciate it. Even
th ough last week they had a meeting with Mr. Sears and some fellows were fairly disenchanted with the
di sruption on that one Sunday morning. Mr. Cohn expressed his appreciation for the work Council did o n
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che si dewalk sale rdinance. as well. So chac ,s che good s tuff. He staced that a lo c o f them are concerned
abouc che Aco ma Streec parking loc. They rea lize chat that is a fair ly va lu a hle piece of gro und and he
suspects thac a de vel oper could come in a nd offer a lo c of m ney ~ r thac piece of gr und . He said he
wanted to let Coun I I kn o " chac that pie e of grou nd 1s al so ve ry val uable co che merc hants a lo ng cha t
streec. He s tated th at he reall y \\anted co ur ge Council to keep the merchanc s in mind . They apprec1a1e
everyth ing Council has do ne fo r chem and they are a lmle wo rried abo uc cheir parking lo c. They need che
park in g lot . he sai d . a nd they have come to de pend o n th e parking lo t fo r all the c usco mers "ho come to
vis it th ei r bu s inesse s. From a cen a ,n poi nt of view. he said. he tho ught they o uld e,en arg ue chat the
merchants go a lo n g way tO \\ards paying for the parking lo t "ith the sales ta,es the City gets fr o m the
c ustomers who park there and buy things fr o m us a nd fro m th e real estate ra,es that the owners o f the
buildings pay. He acknowledged It is no t a direct payment. like it wo ul d be ,f they were re ntin g it from the
Ci ty. but it is hi s contentio n that th e busi nesses are helping to pay for th e parking lo t . It I no t J us t, acant
land . wi th pavement o n it . to them . he said . It is reall y impo rt ant and. he ,aid. he doe,n ·r want o un,d to
build a hi g h-nse office budding o r someth ing o n ic. That. he no ted. is reall y all he \\a nc ed to ,ay.
7, Non-scheduled Visitors
(a ) R oy Ro use, 29 16 West Uni o n Avenue. sai d he J USt wanted to comment on a cou ple o r
different th ings. mainl y the in consistency of o ur police patrols a nd coverage. He noted the~ ha,c had Jn
1s,ue gor ng o n fo r abo ut three years concernin g truck traffic and peeders over o n \Vc ;t L'mo n Jnd the rh,ng
c ntinues su ll roday. They are instructed to ca ll in w hen the e th ings are happening and. he ad, 1;,ed . the~
do get so me extra covera ge when they call in . But , he no ted . they are there for a ,ouple o t d.l)> for fo ur o r
five h urs and then they d o n 't see them fo r seve ral weeks o r a mo nth . Then we call in again and here 1hc)
c me again. Mr. R o use advised that the tras h is startin g to reappear o n their la" n,. rhc dusr and
o mmo t io n and pollution is startin g to come into th ei r ho uses again a nd th e trucks are comin g back .ind
they are coming bac k strong. We really d o n't want th e m there. he sa rd . and he didn't think o un.il "''uld
wa nt them running in fr o nt of their ho uses everyday. a ll d ay . The other thin g. he sa id . as Mr. Manning
stated. is the targeting of anyone under twent y-five. Mr. Ro use sa id he has heard of th at going o n fo r mo re
tha n th in y years and he was targeted that way once when he was a youth . He sa id he ac tually d1dn 't ll\e ,n
Eng lewood at that time. but he said if yo u don 't li ve here, stay o ut o f here . So it 1s no t a ne w pro blem. he
sai d . it is something that is fairl y cons istent and we want it to be cons iste nt the o ther way . the good way .
On a positive no te . he sai d. he would like to show so me apprecia t io n for th e no ti ce he received in the mad .l
couple of days a go . One day la st week he left hi s g ara ge door open a ll ni g ht and he received a no tr e in the
mail that an officer o n patrol had no t iced that and wrote a no te and came back and c hec ked o n thac. He
no tr ced it was still o pen in the mo rning. He th o ught that was a ni ce service. They rem inded him th at he
sho uld keep a little closer tabs o n his garage opening a nd that he a ppreciated . So. he comme nt ed. he 1s no t
here regarding to tall y negati ve thin gs. there are some positive thin gs abo ut the E ng lewood po li ce patrol and
he has heard a great many of them. But. he said. the ne ga tive thin g really d o s tand o ut and th ey wo uld li~e
to ha ve mo re cons istent coverage . better coverage and . possibl y. j ust so me mo re personne l. Mr. R o use a id
he doesn 't know where the budget stands in getting mo re perso nnel. that he kn ows everyone 1s s hort o f
po li ce coverage. E ve rybody need s mo re policemen . Mr. Ro use said he would like to see th em be mo re
consistent and he would really like to see them stop targeting guys under t we nt y-five. If that is an issue. he
said, ma ybe we ca n address that in the Englewood paper we ge t every mo nth. ma ybe an explanatio n o f that.
(b) Mayo r Burns ad vised that th ey asked Ben Gree ne. the Fire Marshal. to co mm ent o n the
tire we had in Englewood today.
Fire Marshal Greene said it seems like when he shows up it is usuall y after so mething ha s occ urred .
Unfort unatel y. he no ted, he receives the pho ne call s the mo rn ing after and o ne of the pho ne call s he
received was fr o m a concerned citizen who lives over in that area who wanted to know what we were do ing
abo ut the issue concerning Waste Management. He said he ha s already contac ted peo ple fro m Tri-Count y
and also from Utilities and the y are wo rking together to try to facilitate a meeting between us and Waste
Management so that what occurred last night ho pefull y won't occur in the future and ho pefull y we will be
give n some answers concerning air qualit y and o ther issues .
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Ma yo r Burns as ~ed th at 1r. Greene e xpla in what occurred last night. Mr. Greene advised that about 10:JO
p.m. last ni ght we received a ph o ne call concerning a fire at Waste Management . When the fire crew,
am,·ed 1t wa s a fairly in vo lved fire wit h trash build-up in their tran fer stati o n. The firefi ghters \\ere there
until almost :00 a .m. thi s morning pull ing the rubbi sh o ut o f the bu ild ing. extinguish ing rhe fire and
deJhng wnh the s mo ke and the run -o ff and all of that. Fire Mars hal Greene said that. as he under ran ds 11 .
ve r) littl e run -o ff "as actuall y put into the Plane fr o m all the firefighting activi ties . The ne xt step. at lea,r
fr o m hi s point f v1e\\, is to deal with the environmental is s ue s that may ha ve occ urred a nd abo ro pre, ent
that fr o m happening again .
Mayo r Burns as ked if the fire was confined just to the trash and no t the structures o r th at so rt o f thin g . Mr.
Greene advised that they have already had structural engineers o ut there . but he ha s n ·t received th e report
yet. It appears. he said. that their structure is still sound . the fireproo fin g appear, to ha,e gone o ff o f the
stru cture. but tho se issues ha ve yet to be addressed .
(c) Fred Manning. 3828 South Inca Street. said he was pro babl y o ut o f o rder . but he JUSt
wanted to say something positive . Which is that there are some good Englewood po li ce o fficer s . he i, not
saying it is all of them. but it is the one s who are unprofe ssional and it 1s th e policy o f target in g yo uth th :11
he is o pposed to . Also. he noted . he is leaving because he has been up fo r abou t 2-' ho ur s becau se f h1 ;,
work . So. he said. he is lea vi ng not because he is disinterested. but becau se he need to ge t some s leep.
(d) Chris Olson. Director o f Safety Servic es. advi sed . regarding the Mannin g in c ident. th at
th is is part of an internal investigati o n. The investigati o n is just abo ut co mplet e and II will be turned uve r
for di spositi on after that point. He stated the y will be loo king at all s ides o f thi s sto ry. beca use a u,ual
with these, there are alwa ys tw o s ides to the story. But if appro priate acti o n need to be taken a ga in t the
offi cer named in these allegation s it will be do ne . That will be determined when we are done . he sa id . and
he will get a chance to re view it and he will get input fr o m hi s seni o r staff as to what cour se we s ho uld
take . He emphasized that this is bemg looked at ve ry seri o us ly and we will let Coun c il know the out co me
of thi s . in so me fashion. pro babl y in Executi ve Sess io n.
8. Communications. Proclamations and Appointments
(a) A resolutio n appoinun g Tara Ho lmes as a Yo uth Member to the Englewood Publi c
Library Board was considered .
Mayor Burns no ted thi s is the second board s he ha s been willing to se r ve o n.
The re soluti o n was assigned a number and read by title :
RESOLUTION NO. 72, SERIES OF 2000
A RESOLUTION APPOINTING TARA HOLMES AS YOUTH MEMBER TO THE PUBLI C LIBRARY
BOARD FOR THE CITY OF ENGLEWOOD. COLORADO.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 8 (a)· RESOLUTION NO. 72 SERIES OF 2000.
Ayes : Council Members Nabholz. Garrett. Bradshaw. Wolosyn.
Yurchick, Grazuli s. Burns
Nays : None
Motion earned .
Mayor Burns no ted Ms. Ho lmes was not present , but that she would receive her certificate and pin . He
expressed his appreciation to Ms. Holmes .
In response to Council Member Grazulis, Director Black confirmed that Ms. Ho lme s will be serving o n
both boards, the Parks and Recreation Commission and Public Library Board .
A
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9. Public Hearing
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No publi c hearing was sc heduled before Council.
I 0. Consent Agrnda
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COUNCIL I\IEl\lBER GRAZULIS REMOVED ITEM 10 (c) (i) FROM THE CONSENT AGENDA.
COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (a) (i) and (ii) AND 10 (b) (i), (ii), (iii). (i,0), M. (vi). (,•ii). (v iii), (i.~).
(x) and (xi).
(a) Approval of Ordinances o n First Re ad in g
GARRETT
(i) CO CIL BILL NO . 65 . INTROD UCED BY CO NCIL MEMBER
A BILL FOR AN ORDINANCE AUTHORIZING ACCEPTANCE OF A $7.500 GRANT FROM THE
COLORADO DEPARTME T OF LOCAL AFFAIRS (DOLA) FOR ENTERPRISE ZONE
MARKETING AND ADMINISTRATION .
(ii) COUNCIL BILL '0 . 67. INTROD UCED BY COUNC IL MEMBER
GARRETT
A BILL FOR AN ORDINANCE A THORIZING A SECOND AMENDMENT TO AN AGREEME , T
FOR ENGLEWOOD CITYCENTER BETWEEN THE CITY OF ENGLEWOOD AND RTD .
(b) Approval o f Ordinances o n Second Reading
(1) ORDINANCE NO. 51. SERIES OF 2000 (COUNClL BILL NO . 4 .
INTRODUCED BY CO NCIL MEMBER BRADSHAW)
AN ORDINANCE AMENDING TITLE 16. CHAPTER 4. SECTIONS 12. 13 Ai"ID 14 : AND CHAPTER
8. OF THE ENGLEWOOD MUN ICIPAL CODE PERTAINING TOT A TTOO AND BODY PIERCING
ESTABLISHMENTS AMENDMENTS TO THE ENGLEWOOD COMPREHENSIVE ZONING
ORDINANCE .
(ii ) ORDINANCE NO. 52. SERIES OF 2000 (COUNCIL BILL NO . 55 .
INTRODUCED BY COUNCIL MEMBER GARRETT)
AN ORDINANCE APPROVING SUPPLEMENT NO. 148 TO THE SOUTHGATE SANITATION
DISTRICT CONNECTOR ·s AGREEMENT FOR THE IN CLUS ION OF LAND WITHIN THE
DISTRICT BOUN DARIES.
(iii) ORDINANCE NO. 53. SERIES OF 2000 (COUNCIL BlLL NO . 56.
INTRODUCED BY COUNCIL MEMBER GARRETT)
AN ORDINANCE APPROVING SUPPLEMENT NO . 149 TO THE SOUTHGATE SANITATIO
DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE
DISTRICT BOUNDARIES.
(iv) ORDINANCE NO. 54 . SERIES OF 2000 (COUNCIL BlLL NO . 57 .
INTRODUCED BY COUNCIL MEMBER GARRETT)
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AN ORDINANCE A THOR!ZING A QUIT CLAJM DEED FROM THE CITY OF ENGLEWOOD.
COLORADO TO JAMES AND GAlL PENS FOR -U 31 SQU ARE FEET ALONG THE CITY DIT ·1-1
RIGHT-OF-WAY LOCATED AT 4685 OUTH '.\1ARlPOSA STREET. ENGLEWOOD. C OLORADO .
(v) ORDIN . .\.i'-CE NO . ·s . SERJES OF 2000 !CO U NClL BlLL NO . 58.
lNTRODUCED BY CO 'C !L MEMBER GARRETT )
AN ORDINA EA THORIZI 'G THE C!TY OF ENGLEWOOD . COLORADO'S ACCEPTANCE or
A PERPETUAL CITY DITCH EASEMENT FOR 4 .131 QUARE FEET ALONG THE CITY D ITC H
RIGHT -OF-WAY LOCATED AT 46 5 SO CTH 1\1:\RIPO A STREET.
(v1 ) ORD!NANCE ·o. 56. SERIE OF 2000 (COU NCLL BILL NO . 59.
INTRODUCED BY O N IL MEMBER GARRETT )
AN ORDINAN E A THOR!ZI;-.JG AN INT ERGOVER NMENTAL AGREEMENT BETWEEN T HI:
CITY OF ENGLEWOOD. COLORADO AND THE CITY OF CHERRY HILLS VILLA.G I:.
COLORADO ENTITLED .. AME'.'ID'.\1.ENT TO WASTEWATER COLLECTION SY TE'.\!
MAJNTENANCE AGREEMENT -CITY OF C HERRY HlLLS VlLLAGE .. WITH RESPECT TO TH E
MAINTENANCE OF A t AREA IN THE CHE RRY HILLS YlLLAGE WASTEWATER C OLLEC TION
SYSTEM .
(vii) ORD!Nk'ICE NO. 57 . SERIES OF 2000 (C O C IL BlLL NO. 60.
INTRODUCED BY CO NCIL MEMBER GARRETT)
AN ORDINANCE ACKNOWLEDGING AN .. EASEMENT AGREEMENT" BETWEEN C HERRV
HlLLS COUNT RY CLUB AND THE CHERRYMOOR SO UTH WATER AND SANITATION
DISTRICT .
(viii ) ORDINANCE NO . 58 . SERIES OF 1000 (CO U'.'/CIL BILL NO . 61 .
lNTRODUCED BY CO 'CIL MEMBER GARRETT )
AN ORD! ANCE AMENDING THE CITY OF ENGLEWOOD C OMPREHE:'I IVE PLA,'-TO
IN CLUDE A REGIONAL PLAN ELEME T
(ix ) ORDINMCE NO. 59. SERIES OF 1000 ( 0 N IL BILL NO 61 .
INTRODUCED BY COUNCIL MEMBER GARRETT)
AN ORDINANCE AUTHORIZING THE PURCHASE OF ARAPAHOE RENTAL PROPERTY BY TH E
CITY OF ENGLEWOOD , COLORADO .
(x) ORDlNANCE NO. 60. SERIES OF 2000 (CO ClL BILL NO . 63.
INTRODUCED BY CO NCIL MEMBER GARRETT)
AN ORDINANCE A THOR!ZlNG A BUS INESS LEASE WITH DONALD BOWEY FOR SE OF
THE ARAPAHOE RENTAL PROPERTY.
( 1) ORDlNANCE NO . 61. SERIES OF 2000 (COUNCIL BlLL NO . 64.
INTRODUCED BY COUNCIL MEMBER GARRETT)
AN ORDINANCE AMEND! G TITLE 16 , CHAPTER I. SECTION 8 ; OF THE ENGLEWOOD
MUNIClPAL CODE OF 1985 PERT AJNlNG TO ADOPTION OF THE OFFICIAL ZONING MAP FOR
THE CITY OF ENGLEWOOD. COLORADO.
Vote results:
Ayes : Council Members Nabholz. Garrett. Bradshaw. Wo losyn,
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Na ys :
Moti o n carried .
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Yurc hi c k. Grazulis. Burns
No ne
(c) Re so luti ns and Mo ti o n
, .
(i ) A reco mmendati o n fr om the Department o f Co mmunit) Develo pment tn
a pprove. by mo ti o n. a profess io nal eni e contract \\llh BRW in the a mo unt ofS 27.296.00 for a fea,ibilll)
stud y o n a local c irculato r s hu11l e was di sc ussed .
Coun c il Member Grazu l b said she wanted to add . as it tate s in here. that thi s shun le \\Ould pro, ,d e , 11.11
linkage s between do wntown. e mpl oyment centers and C 11 yCenter a nd also some other ro ute . She ,,11d ,he
wanted to make s ure the ro ute s include destinati on points lik e th e Gothi c. a nd thin gs . fr o m ligh t rail .
including perhaps some places in southern E ng lewood. So me des tinati o n po int . lik e a thea rcr There Jre
people who wo uld like to get to that area .
Mayor Burns said he th o ught the memo lated that sc hedu lin g routes wo uld be pan o f that a nal ysis . I le
commented he was s ure that wo uld be an integral part of it.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO APPROV E
CONSENT AGENDA ITEM 10 (c) (i).
A PROFESS IONAL SE RVI CE CONTRACT WITH BRW IN T HE AMO U1 T OF sn.296.00 FOR A
FEASIBILITY STUDY ON A LOCAL C IR CULATOR S H UTTLE.
Vo te results :
Aye,.
Mou on amed .
I I Rq:ular Agenda
Counc il Members Nab ho lz. Garren , Bradshaw. Wo losyn.
Yurc hi c k. G ra zuli s. Bums
o ne
(a ) Appro val o f Ordinances o n First Reading
(i) Se nio r Planner St,11 pre sented a re comme nd ati o n fro m the Englewood
Enviro nmental Fo undati o n 10 ado pt a bill fo r an ordinance a uth o rizin g an amendment 10 the Eng lewood
T o "n e nt e r Planned Un11 Development Di stri c t Plan Design Stand ard s and Guide line s and to se t a publi c
heari ng 10 ga ther publi c input. He explained that thi s ",II provide for add11i o na l sign regulati o ns fo r th,s
develo pment and we are also requesting that the public he a ring be sc heduled fo r Septe mber 5 . 2000 .
Ma yo r Burns as ked that Mr. Still explain generall y wha t kinds o f ,g nage a mendme nt s are in cl uded in thi s
Mr. Sti ll explained that the Planned U nit Develo pment th at was ado pred by Council a year ago p rov ided fo r
sig n re g ulau o ns that were taken from o ur existing zo nin g o rdina nce. At the time th ose re gulati o ns we re
adopt ed int o the P UD we did not have a ve ry complete pi c ture o f exactl y what th e deve lo pment \\Ould be
li ke. Staff re cognized that th ose standards probably weren 't a c reati ve as necessary to reall y hi ghl ig ht th "
deve lo pment . So, he noted. we purs ued a course of re viewi ng the di ffe rent types of guidelines availab le
and this pa st s pring we retained a consultant to help us compl e te th o e regulati o ns with an e ye to ward s th e
type o f devel o pment ... the Wal -Mart. the Bally's ... the vario us elements, the re sidential piece . as well as
thi s Civic Center. What we ha ve done is put together a set of g uidelines that add resses the unique needs
and ci rc um stances of thi s develo pment. provides for so me creati ve type s o f signage , not unlike the type , of
signage that was approved by Counc il fo r the Broadway corridor . He po inted o ut that it expresse s the
unique character o f thi s devel o pment and ho pefully will pro vi de additional de si gn criteria fo r s ig na ge that
is more co mpatible wit h this development.
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Mayo r Burns said he undenands 1ha11he signage has been full) d1 cussed wi1h the devel o per. Miller
Weingarten. Mr . Stitt said yes. they presented this informJ!I n 10 '.\-tiller Weingarten and to Trammell
Crow and we ha ve di scussed the signa ge wi1h Wal-Mart and some o f the m her proposed 1enant fo r 1h1 s
developmenl. All of their comments haw been included. incorpo ra1ed. into 1he proposed regula1i o ns. l\l r.
Stitt advised that thi s was considered by the Planning Comm,ss,on and approved a1 a publi c hearing :1
couple of weeks ago.
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGE'.'IDA
ITEM 11 (a) (i) -COUNCIL BILL NO. 68 AND TO SET A PUBLIC HEARING FOR SEPTDIBER
S. 2000 TO GATHER PUBLIC INPUT.
COUNCIL BILL NO. 68 , INTRODUC ED BY COUNC IL MEMBER WOLOSYN
A BILL FOR AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE ENGLEWOOD TO \ N
CENTER PLANNED UNIT DEVELOPMENT DISTRICT PLAN ENT ITL ED ··PLANNED 1'1T
DEVELOPMENT SIGN ST ANDARDs:·
Vote results:
Motion carried .
Ayes:
Nays :
Coun ci l Members Nabh o lz . Garren . Brad sha ". Wo lo ,yn.
Yurchick. Grazulis. Burn s
None
(i1 ) Director Black presented a recommenda1 1o n from 1he Departmenl of Parks and
Recreatio n to adopt a bill for an ordinance accepting a Gram of Prope rt y fo r the continued development uf
the Big Dr y Creek Pede strian/Bike Trail. He sai d he was ve ry pleased 10 be here 1o ni ght to 1alk ab ou l
Council Bill No . 66 and 69. Co uncil Bill No . 66 allows 1he Ci 1y 10 accept 1he King property 1ha1 was
purchased for the bike trail. Th,s is o ne of 1he last pieces th a l wo uld allow us lo rak e the B,g Dr y Creek
Trail down to the Plane Rl\er. The propert y was purchased by the South Suburban Park Fou nda11 o n a, pJrt
o f the project and the C it y will accep l the deed for the property.
The City Clerk was asked to read the co un ci l bill by title :
COUNC IL BILL NO . 66. INTRODUCE D BY COUNC IL MEMBER BRADSHAW
A BILL FOR AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A GRANT OF PROPERT Y
FROM TOM G . KING .
Council Member Brad shaw no1ed this was a long . hot banle with !his ge ntleman and even a11he last mm ulc
he had second 1hough1 s. He called it a donati o n. even 1hough he go1 mone y. she said .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (Ii) -COUNCIL BILL NO. 66.
Ayes : Council Members abholz. Garrett. Bradshaw . Wo losyn.
Yurchi c k, Grazulis. Burns
Nays : None
Morion carried .
(ii ,) Director Black presented a reco mmendation fr o m the Department o f Parks and
Recreauo n to adopt a bill for an ordinance authorizing a Temporary Construction Easement for Big Dry
Creek Bikc/Pedestnan Path . He stated tha1 Council Bill No . 69 allows for a temporary constructi on
easement o n three pieces of property. One o f them is the former RBI property. which was donated 10 the
City o f Englewood. 1he other is the King property that we just spoke about and the 1h1rd is !he easement al
the Englewood Commercial Industrial Center. Thi s allows for 1he temporary constru,t,on of the trail 11 self.
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Mayo r Burns asked when thal would be compl eted. D1rec1 o r Black advised 1hat 1he sc hedule c all s fo r
completio n by the end of this year. There are a number of gra nt s o ut there 1hat have to be c o mpleted by
1hi s year.
Council Member Brads haw said she tho ught Bob Seams was coming to Study Sessio n next Mc,nda). Mr.
Black said !hat was correc1. In Study Sessio n. Council will recei,e an upda1e about the co mple1c 1ra,I
system. Mayor Burns said that was wonderful.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO A PPRO\'E
AGENDA ITEM 11 (a) (iii). COUNCIL BILL NO. 69.
COUNCIL BILL NO. 69. INTRODUCED BY COUNCIL MEMBER BRADSHAW
A BILL FOR AN ORDINANCE AUTHORIZING A TEMPORARY CO STRL'CTI0 '.'1 EA DI ENT
BETWEEN SOUTH SUBURBAN PARK & RECREATION DISTRICT AND THE CITY OF
ENGLEWOOD. COLORADO PERTAINING TO THE BIG DRY CREEK TRAIL.
Vote results:
Ayes: Council Members Nabh o lz. Garren. Brad,ha". W o los) n.
Yurchick. Grazulis. Burns
Nays: None
Mo ti o n carried .
Mayor Burns thanked Directo r Black , his staff and everyo ne wh o ha ;, o rked so hard o n th, . He ,:ud 11 "
very cxc1tmg news . Council Member Bradshaw said 1he y ha ve do ne a good Jo b.
(b) Approval of Ordinances o n Second Readin g
There were no additional i1ems submined for approval o n seco nd reading . (See Age nda hem IO -C o n,ent
Agenda.)
(c ) Resoluti ons and Motions
There were no addi ti o nal reso luti o ns o r motio ns s ubmmed fo r approval. (See Agenda Item 10 -Conse nt
Agenda.)
12 . General Discussion
(a ) Mayor's Choice
(i) Mayor Burns said Council attended Nati o nal Night Out last Tuesday and he
wanted 10 especially thank Nancy Peterson. who was operat ing under a considerable burden personall y
because of the loss of her daughter. He stated Ms. Peterso n was good enough lO give some o f C o un ci l
personal lists of places to visil that night and Council appreciates the extra effort that took for her 10
participate.
(ii ) Mayor Burns stated that , as they all know. we closed with Miller Weingarten
la st Friday. August 4"' and recei ved $4.9 million. And. he no ted, we had a meeting with John Loss 1o rn gh1
and we arc movi ng ahead with the first building. He commented that it has been a lengthy negotiat ion wn h
this entity and finally we closed and we are very anxious to get them moving o n their part of the
development. Along the same lines , he said, last week Trammell Crow Residential s ubmitted their wo rkin g
drawings for the residential portion of the development at CityCcnter. We have a turnaround time of
fifteen business days for City staff to review those drawings and we hope 10 have this whole process
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Englewood City Council
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co mplet.ed in about. a mo nth o r six weeks. Mayor Burn s stated th at we look forward to havin g Trammell
Crow begin to la y their foundations down and stan constructi o n.
(iii) Mayor Burns advi sed that the y are being kep t abreast o f the prog re s of the
roundabo ut. He sa id he 1s very anxi o us to get thi s co mpleted . that there ,s o me undergro unding o f u11h11e s .
in front of the o ld library. that has to be d one and we are go ing I get so me tempo rary hghting in there . He
th o ught that s ho uld be o pen to the public al about mid-mo nth . Mayo r Burns noted th at e,en th o ugh 1t sav
that o nl y RTD buse s ho uld go through it. the public is going through 11 regular!. and he ha, d ,ne 11 a
couple of times him self jU St to see how it works. But. he s tated , it is important 10 get 1h1 s projec t
completed.
(iv ) Ma yor Burns emphasized that Council d oe s apprec iate the concern about the
EDDA parking lot and no ted that the City is continu ing to work "1th EDDA fo r re so luti ,n of that mailer
(v) Mayo r Burns commented that we are all very pleased at the use o f the l1gh1 rad .
He noted that it is about 30<;;-above projections at thi s po int and man y Englewood ci112e ns . and L1nle1 on.
South Jefferson County and Highlands Ranch folks. have vi rtuall y c hanged their transu habus o verrnght
with the light rail and we are gemng a lo t of compliments on it. He o pined that if they can so l,e the
parking problem s in future. that will help a lot 100 .
(v1 ) Mayo r Burns s tated that we are pressing ahead with the General Iro n projC,t.
We had a productive meeting \Nith EURA la st week about proceeding with a plan to ward a bltght ,1ud ) and
eventual site ac quisitio n and we are very anxio us lo move ahead wi th that as well.
(v ii ) Mayor Burns noted that it is a time for a lo t o f activn y and celebrau o n in
Eng lewood this s ummer and Council appreciates the many. man y people who are workin g. o n a ll o f th e,~
projects and the Council members who ha ve worked so well together o n them . There is a lo t mo re to co me
in the next 18 mo nth s or so. he said . and Coun cil appreciates all the input o n all o f these projects .
(b ) Counc il Member' C hoice
(1) C unc 1l Member Nabholz :
I . She noted that she re ceived a letter of apology fr o m o ur employees at the police department and
he was very impressed. because she also had to write a letter of apo logy. She was very impre ed wnh
1h1 letter and. she commented . it takes a lot of guts to do that.
2. She commented that she also attended a couple of the neighborh ood Nati o nal Night Out
celebrations. Director Olso n was kind enough to stop by o ur ice c ream social. she said. and it wa s a ve ry
exciting time. She acknowledged that Nancy Peterso n is under a great deal of stress and s he ad mires the
fact that she is carrying on .
(ii ) Council Member Garren :
I. He commented that . hopefully. we can continue to wo rk o n o ur is ue s o n West Uni o n. He said he
didn 't know how o ften police go by there. Mr. Garrett asked that Council be gi ven that in fo rmati o n.
2 . He advised C o uncil that he would not be here next week. as he will be in o ur nati o n·s capital.
(i ii ) Council Member Bradshaw :
I . She said one thing she would like to emphasize and that is that she think s o ur park s are lookin g
really good. that the medians on Broadway are looking really great. but she still think s we need 10 set the
bar for how properties look in the City. She stated she would like to ha ve staff continue to do that , be cause
she thinks our City does look good and particularly the propenies we own .
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2 . She apolo gized to staff fo r the no n-meeting la s t Thursda y mornin g and noted we are going to tr y
again . This is EDDA and City . she said. She noted s he teaches i nterpersonal co mmuni cati o n at the college
and s he does n't kno w that it was her error. but if it was s he takes full re spons ibilit y fo r it. Ms. Bradshaw
co mmented that s he reall y thinks it was the erro r of somebody sayi ng set the meeting up at thi s Time . we set
the meeting up at thi s time and then they chose not to s how up.
3. She advised that the Tri-Cities meeting for September is going to include a ··ride the bike trail."
She talked to the lady fr o m Ralph Schomp and she is going to ha ve the E -bike . which are motori zed
bicycles. She noted we are loo king at changing that to a Monday around the 25"' o f September. M s.
Bradshaw said she would be getting more information o ut to Council and there wi ll be a van o r golf cart s o r
something for those who do n 't bike. We will work it o ut . s he said .
4 . She sai d s he read in Natio nal Cities Weekly about fast tra c king approva ls o f perm us fo r a fee . She
said she didn 't know if we had looked into that o r if we want to look int o that. but s he th o ught that mi ght be
a good idea.
5 . She commented that this weekend she drove the si te a nd 1t is really looking good. If some
Council ha s n 't had a chance to drive this area. she asked that they please take ttme to do th at.
6. She advised that at the Englewood Ho usi ng utho rit y meetin g o n Wt,dnesday. we ,old the ho us<!
we built o n Inca and it sold fo r $195.000.00. The price o f the ho use 1<c were planning 10 build fo r 1h1 s
school year came o ut at about $250.000.00. she said. so we are reducing th e ~ope o f that ho u,e because 1t
would really overbuild fo r the neighborhood .
Ms . Bradshaw stated that the Englewood Ho using Authority ha s purc ha sed the No rmand y Apanment
Ho use over o n Pearl and we arc also working very closely with C o mmunit y De vel o pment and purc ha sed
two propenics o n Galapago at a potential redevelo pment s ite .
(iv ) Council Member Grazuhs:
I. She noted she al so attended National Night Out in her nei ghborh ood and the y had combin ed
neighborhoods. She said they had belly dancers with live mu sic and j o usters fr o m the Renai ssa nce
Festi va l. Nancy Peterson stopped by, Ms . Grazulis said. and she really wanted to thank her . because a fter
talking to a lot of different people, especially six different families fr o m Littleton, two familie s fr o m
Parker. people from Arizona, California and Maryland. nobody had e ver heard of Natio nal Night Out. So.
she said. s he had to applaud o ur City for do ing s uch a wonderful job and s he thanked Nancy Peterso n.
2. She said she wanted to comment o n the Yo uth Council re s po nse regarding the gopeds. She o pined
they d id a wonderful job of assessing the problems and s he especiall y liked their idea abo ut givi ng o ut the
little cards from the police depanment. Ms. Grazulis stated s he feel s we s ho uld purs ue that and go ahead
w1th it. if we have n 't already.
3. She commented that she thought the tras h collecti o n info rmati o n wa s very intere ting regard ing
the responses and she was not quite sure how to take all of it , but It is inte resti ng to sec how so me peo ple
do n't care and how some people do.
4 . She said s he wanted to congratulate Parks and Recreati o n regarding their reader 's c hoice award s .
For the Englewood Recreation Center being the best workout facilit y, the Englewood Go lf Co ur se being
the best golf course and the Englewood Rccrcauon Center is the first runner-up fo r the best recreati on
center .
5. She stated she is concerned over the Concrete Work s letter. addressed to Rick Kahm. with Haro ld
Celva going in and asscning something ... saying stop the work . She said s he wants to know how that
finally ended up. how that came out and what Mr. Kahm thinks about it.
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6 . She said she ha s a co mment regarding the BOA. She asked if. when Dan Brotzman wa s as ked to
leave the meeting . the pe pie o n BOA were in attendance that e vening when the neighbo rs were here
present ing their true-life to nes. when they made that decisi o n. She asked if they talked to an y o f the ac tual
peo ple that were neighbors o f Co mmunit y Cares.
She said she had a question regarding the ho rsecar base. She said s he wanted to kn o w the future
plans for it. Ms . Grazulis said she knows it will have to be mo ved in and o ut o ccas io nall y. but she want s to
kno w the plans we have to make it look better.
(v) C o uncil Member Yurchick :
I . He no ted he received the letter to the MOA att o rne y and he wa nted to kn o w if there wa a ny
re sponse. City Atto rney Brotzman said not yet and so it will remain an o pen item .
2 . He advi sed he wo uld like to set up the land sca pe \\Ork o n Santa Fe fo r d1 scu,s io n at a Stud y
Session if it is not too late . City Manager Sears aid he wu uld talk to Jerrell Black and the} rnuld ,cheduk
it for next Monday night.
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Mayor Burns said he wanted to rerngnize the fact that the y had a Study Se,s1o n tonight and talk ed a bo ut
the Baily's building and the pamcipatio n. ho pefully. o f the Da vid T ay lo r Dance Theater in that budding .
He stated he wanted to es peciall y thank Co uncil Member Brad,haw fo r the wo rk s he ha s d o ne with Da ,·1d
Taylor over the past few days, in helping put together a proposal that Coun c il can. ho pefull y. wo rk o n and
digest. He said he appreciates her work .
13 . City Managn's Krport
(a) Cu Manager Sears tated we are wo rking o n the CityCenter Celebra11 o n o n Au g u,t 16"'.
The Cuy and MOA will be wo rking together o n the event. The event begins at 6 :00 p.m. that night and
there will be dance o ut in the piazza. The Olde T yme Fair will be held that day as \\ell. o there will be J
lo t o f ac uvny.
(b ) City Manager Sears said. in talking to Nanc y Peterso n. that s he was ,ery pleased w11 h the
support o f Council and o ffered her thanks to Council. People did step up to the plate regard mg
Neighbo rh ood Watch . He advised that Neighbo rh ood Watch is go mg to ho ld a meetmg m Se ptember fo r
their review. He s tated Council will be advised, as the y will ho ld their meeting here and the y wo uld 1,~e to
have a to ur of the new CityCenter complex at that time.
(c ) C11y Manager Sears said he wanted to sa y thank s a g ain to hi s staff fo r their hard "o r~. a,
it has been extremel y hard work . And he o ffered thanks to Dan Brotzman fo r pulling together a ll of the
documents to get Miller Weingarten taken care o f and cl o sed. It wa s a pre tt y ;,izeable projec t a nd ;,taff
really did a fabul o us job.
(d ) City Manager Sears recommended that C o unc il go mt o Execuuve Se,s1o n fo li o \\ mg the
regular City Council meeting to discuss a personnel matter.
14. City Attomry's Krport
(a) City Attorney Brotzman reco mmended that C o uncil go int o Executive Sess io n f !l o win g
the regular City Council meeting to discuss litigati o n.
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(b) City Attorney Brotzman stated that he would also like to recognize the City Manager.
staff. Council and the members of EEF. because the six year project of getting a real estate developer o n
line, for his staff and Mike Miller to finally conc lude thi s piece of the puzzle. is a very big deal.
15 . Adjournment
COUNCIL MEMBER NABHOLZ MOVED. AND IT WAS SECONDED, FOR COUNCIL TO GO
INTO EXECUTIVE SESSION FOLLOWING THE REGULAR CITY COUNCIL MEETING TO
DISCUSS A PERSONNEL MA TfER AND LITIGATION AND TO ADJOURN.
Ayes :
Nays:
Motion carried.
The meeting adjourned at 9:03 p.m.
Counc.11 Member s abholz, Garrett . Bradshaw . Wolosyn.
Yurchi c k. Grazulis. Burn s
None
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PUBLIC COMMENT ROSTER
AGENDA ITEM 7
UNSCHEDULED VISITORS
DATE: August 21, 2000
UNSCHEDULED VISITORS MAY SPEAK
FOR A MAXIMUM OF FIVE MINUTES
ADDRESS
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A1TEN110N: Mr. Tca 11,,nu
COMPANY: Mayor -City of J::Jwln,oo,J
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City of Englewood
AGENDA ITEM 9 (a)
PUBLIC HEARING ROSTER
DATE: August 21, 2000
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TO GATHER PUBLIC COMMENT ON COUNCIL BILL NO. 61, AMENDING
THE ENGLEWOOD COMPREHENSIVE PLAN
TO INCLUDE A REGIONAL PLAN ELEMENT.
PLEASE PRINT
NAME ADDRESS
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ifil,'7ROOFOF~1cm~~~~~~~~.;.s~I
I THE
ENGLEWOOD HERALD ~ ~ STATE OF COLORADO ss i COUNTY OF ARAPAHOE ,'
~ I, Jeremy Bangs . do solemnly swear cm OF ENGLIWOOD ~ !
1
~ that I amEt:egl~:~f ::raid N011CE OF PUBLIC HEARING ~1·
(jJ Nolloe .. ....., glwn 111111 llie City
, and that the same is, a weekly newspa· c-d af ... City af 11.gleaood,
per published in the city of Littleton in Colorado, ... _...... • P1*11c ,
the County of Arapahoe , State ol Heerlnl al• ......., Clly Councll c,'
I 11N11n1 on AUGUST 21, 2IIOO. al 7:30 (I.
Colorado, and has a general circulation p.m. In ... City c-d ~ af 11, •• :
therein ; that said newspaper has been Englewood Civic Cenler, 1• "
published continuously and uninterrupt· Englewood Pertlway, ID_....., AN f
Cf)
1
edly in said County of Arapahoe for a ORDINANCE AIIBIDPSC THI CITY ~.· ~ OF ll!NGLIWOOD CCMIMIBSff ,
;
!I,) period of more than 52 weeks prior to PUN TO INCLUDE A REGIONAL ~
the first publication of the annexed PUN l!LEIIEfT(COUNCIL. _ , NO. l1) ,.
~ notice : that sa id newspaper is entered in --. ~.:
the Post Office of Llttleton, Colorado,
as Second Class Mail matter and that All l-....cl per1IN may ....-, ii the said newspaper is a newspaper =-or ~n = : i!'8 ..= '.{
within the meaning of the act of the by die City Clerk by 5:00 p.m. on .
General Assembly of the State of AUGUST 21, 2000. Anyone wl9hlng ;.
to epN11 el ... Public Heaing may t Colorado, approved March 30 , 1923, call the City Clerk's Offlce, 303-712. ,,.
and entitled "Legel Notices and 2405 to echedule their ,--1a11on
Advertisements'" and other acts relat· ors stgn up st..c will be svellable at '!
ing to the printing and publishing of legal the do«, !
notices and was published in Iha regular By ordsr of the Englewood City •'
and entire issues of said newspaper, Council.
once each week , on the same day of ~la A. EIits, CIIC ~ each week . for a period of City Clerk
__j_consecutive insertions and that
the first publicahon of said notice was in
newspaper dated
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City of EnglewoOd 1• EnglewoOd Pertcwey
EnglewOOd, Colorado 80110
PUBU8HED: JULY 21, 2000
ENGLEWOOD HERALD fl 2.so
JUDITH A. BLOEMEN
NOTARY PUBLIC
STATE OF CO LORADO ,, ..
My Com,n,11511)<1 E"l)IIWI 07/2512002
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BY AUTHORITY
ORDINANCE NO .
SERIES OF 2000
COUNCIL BILL NO . 61
INTRODUCED BY COUNCIL
MEMBER~~~~~~-
A BILL FOR
AN ORDINAN CE AMENDING THE C ITY OF ENGLEWOOD COMPREHENSIVE
PLAN TO INCL UDE A REGIONAL PLAN ELEMENT .
WHEREAS . the Englewood City Council passed the City of Englewood
Comprehensive P la n in 1979 : and
WHEREAS , the Engl ewood Comprehensive Plan provide s policies guiding actions
affecting the City's phys ical development: and
WHEREAS , in Ma r ch of 1997. the Board of Directors of the Denver Regional
Council of Governme nts (D RCOG ) a pproved a strategic growth plan for the six·county
metro·area entitled Metro Vision 2020 : and
WHEREAS. the Ci ty Co uncil of the City of Englewood , Colorado passed a
Resolution No . 48 , Series of 1999, supporting the Denver Regional Council of
Government (DRCOG ) metro Vision 2020 Plan; and
WHEREAS. the proposed amendment adds goals and objectives for five of the six
Metro Vision 2020 "Core Elements" to Englewood's Comprehensive Plan; and
WHEREAS , the s ixth Co re Element, "Free·Standing Co mmunities" was not
endorsed by Englewood's Planning a nd Zoning Commi ssion because that element
pertains mainly to outlying communities s uch as Castle Roc k , Brighton and
Longmont: and
WHEREAS, the passage of this proposed Ordinance would amend the Englewood
Comprehensive Pla n to provide a regional context for the a nticipated updating of the
Plan.
WHEREAS , the Englewood Planning and Zoning Co mmission held a public
hearing on May 16 , 2000 ; a nd
WHEREAS , The Englewood Planning and Zoning Co mmission of the City of
Englewood has approved a nd recomm e nded that the 1979 Comprehensive Plan,
Forward Section, s hould be amended to reflect the support of the Metro Vision 2020
Plan;
NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , AS FOLLOWS:
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Sectjon 1. The City Council of the City of Englewood, Co lorado hereby approves
and adopts the following as a n amendment to "The 19 79 Comprehensive Plan
(Master Plan)."
The 1979 Comprehensive Plan, the Forward Section. be amended by adding
thereto the following statement to number 8 , to the "Goals":
8. Support the regional strategic growth plan for the six-county Denver metro
area, Metro Vision 2020, including the Urban Growth Boundary, wftiett
eneeweges iRftll de. elep111e11t and dieeewegee tu 1!11fti1111tie11 ee, end 11
designated 799 Bftttare mile · Open Space: Bala nced Multimodal
Transportation System · Urban Centers· and Environmental Quality.
Introduced, rea d in full , and passed on first reading on the 17th day of July , 2000 .
Published as a Bill for an Ordinance on the 21 st day of July, 2000.
Thomas J . Burns, Mayor
ATTEST:
Loucrishia A. Ellis . City Clerk
I , Loucrishia A . Ellis , City Clerk of the City of Englewood , Colorado, hereby certify
that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read
in full , and passed on first reading on the 17th day of July , 2000 .
Loucrishia A. Ellis
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METRO VISION 2020 REGIONAL PLAN
I. EXTENT OR URBAN DEVELOPMENT
fa:tent of urban development will occur within 700 square miles by 2020. accommodatin g
expected population growth and adding 165 square miles to th e existin g urbani:ed area.
Objectives:
;.. Take advantage of existing capacities in the servi ce system of the urbanized area
and design it in a way that allows future serv ice to be pro vi ded in a regionall y
efficient manner;
,.. De sign the de velopment pattern to max imi ze and co mplement the efficiency of
the existing and planned transportation network :
:;;. Anti ci pate urban development only in area s where signifi cant environmental
hazards would not occur or where environmental hazards to de velo pment c an be
safe ly mitigated : and
;;;i, Encourage the development of balanced co mmunitie s , each characterized by a
mix of income and housing type s and having a rea sonable relationship between
the affordable housing supply, emplo yment opportunities and ethnic ba lance .
II. OPEN SPACE
A regional open space system that shapes th e region 's fom1, protects em-ironmental
resources and provides recreational opportunities will be planned.
Objectives:
;;;i, Develop a regional open space system as a key part of the regional plan :
:;;. Protect viable agricultural resource s of state or national significance as a va luable
asset and an integral part of the region 's heritage and economic and c ultural
diversity:
Ji>, Conserve and protect important natural resource s. including environmentally
sensitive lands, wetlands and wildlife habitat;
;;;i, Use environmental features. constraints , and impacts to guide de ve lopment into
areas that minimize environmental degradation and avoid natural and man-made
hazards ;
Ji>, Provide for the physical and aesthetic enjoyment of the out-of-doors:
;;;i, Shape the region 's pattern of growth and development by buffering and defining
communities: and
Ji>, Protect prominent visual features such as the Rocky Mountain Front Range .
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Ill. BALANCED, MULTIMODAL TRANSPORTATION SYSTEM
A balanced. multimodal transponation system will include rapid transit. a regional b11 s
network, regional beltways, bike and pedestrian facilities. and improvemems to th e
existing roadway system.
Objectives:
Ji,, Restore and/or maintain the designed transportation function of existing and
future transportation facilities;
Ji,, Provide high-capital transportation facilities where development actions support
the efficient use of those facilities:
, Implement rapid transit to reduce the need for additional roadway c apacity and
reconfigure the bus network to serve the rapid transit system :
Ji,, Implement high service frequency on principal bus corridors and alternative bu s
services for suburb-to-suburb travel and other market s not well erved b y the
rapid transit system:
, Enhance the attractiveness and convenience of non-m o tonzed modes in ervin g
non-recreational travel:
Ji,, Improve the connection of passenger and co mmercial tran spo rtati on s ys tem s
within modes. between modes . and between the metropolitan area and other area
of the state: and.
Ji,, Demonstrate the need for increased revenues to close the gap betv.een needed
facilities and the region 's ability to pay for them .
IV. URBAN CENTERS
A range of 11rban centers will serve as transit o rigin s and designations that s11ppo rt
retail. employment and housing. and contain higher densities than average that
encourage pedestrian-oriented travel.
Objectives:
Ji,, Focus a major portion of future growth into urban centers to reduce land
consumption and the loss of open space while increasing transit ridership ;
J;i. Create compact, mixed-use centers thereby making transit , bicycle. carpooling
and walking more feasible alternatives to single-occupant auto travel:
J;i. Locate employment, services, housing and other development in close proximit y
so that walking between activities is easier and multipurpose trips are encouraged.
thereby reducing auto travel and auto emissions:
J;i. Develop a network of urban centers so that jobs, entertainment . public spaces and
retail services are in closer proximity to a greater number of residents :
J;i. Create urban centers designed for pedestrians to achieve a sense of place and
community identity ; and,
J;i. Promote a network of connected streets and sidewalks, with buildings oriented
toward sidewalks rather than parking lots, to create more usable public spaces and
amenities.
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V. ENVIRONMENT AL QUALITY
Metro Vision acknowledges that the location, type of growth and land development ha ve
significant effects on the region's air and water quality.
The integration of air, transportation, development patterns. and water resources is
crucial in protecting environmental quality in the region .
Objectives:
);,, Achieve a locally defined. balanced, ecological community through
implementation of water quality protection and appropriate water resource
management initiatives. provided that a balance will be maintained between the
natural environment and those designated uses of the resource ;
);,, Restore and maintain the chemical and physical integrity of the region· s aquati c
environments through a coordinated watershed management process :
);,, Identify effective wastewater treatment through a regional process. with local
implementation of wastewater management strategies:
);,, Achieve effective and balanced stormwater and nonpoint so urce management
through local implemental processes: and ,
);,, Develop integrated resource management programs to provide effective and cos t-
efficient water quality management and water supply .
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COUNCIL COMMUNICATION
DATE: AGENDA ITEM SUBJECT: Regional Plan
July 17, 2000 10 a vii Amendment to Comprehensive Plan
INITIATED BY: Community Development STAFF SOURCE: Mark Graham . Senior
Planner
PREVIOUS COUNCIL ACTION:
City Council approved Englewood's Comprehensive Plan December 1979. The Council
amended the Plan to include the regional Urban Growth Boundary , by Resolution in April 1999
and then by Ordinance in October 1999. Council has amended the Comprehens ive Plan at
least five times over twenty years . In re lated Council action , Council approved the Metro
Mayors Caucus "Mile High Compacr on June 26 , 2000 . The Compact endorses the Reg io nal
Plan, MetroVision 2020, and commits Englewood to updating and standardiz ing our
Comp rehensive Plan by including particular elements .
REQUEST:
Staff requests City Council approve on first reading an Ord inance amend i ng Englewood 's
Comprehensive Plan to include a Regional Plan element . Staff also requests that Council
schedule a public hearing on August 21, 2000 to take publ ic comment on the amendme nt
recommended by Englewood's Planning and Zon ing Comm iss ion .
BACKGROUND:
MetroVision 2020 was approved by the Board of Directors of DRCOG (Denver Reg iona l Co unc il
of Governments) in March of 1997. MetroVision 2020 sets the direct ion for reg io nal p lanni ng to
preserve and improve the quality of life along Colorado 's urban ized front range corr idor.
MetroVision 2020 documents a twenty year vis ion for where new development should occur,
sets goals for Open Space acquistion , gu ides transportation investments and expresses goals
and objectives on environmental issues like clean air and water . Supplementary plans on many
of the topics have provided research and implementation strategies .
Englewood 's 1979 Comprehensive Plan notes a few iss ues of regional concern , namely
transportation and ai r pollution . A 1999 Englewood Comprehensive Plan amendment added
another important regional issue : "Extent of Urban ization ." The current amendment adds a
comprehensive Regional Plan deve loped cooperatively by local governments with the
assistance of the Denver Regional Council of Governments .
The proposed amendment adds five of the six MetroVision 2020 "Core Elements" to
Englewood's Comprehensive Plan . The "Free-Standing Communities" Core Element was not
endorsed by Englewood's Planning and Zoning Commiss ion . That element perta ins ma inly to
the commun ities of Castle Rock , Brighton and Longmont. The five elements that are endorsed
for Englewood include :
1. Extent of urban development (previously approved)
2 . Open space
3 . Balanced multimodal transportation system
4 . Urban centers
5 . Environmental quality
G.\EVERYONE\1.•1gn Annl.AG ENO A\July 17\CC R•gioo al Plan Comp Pin Amont ooc
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BY AUTHORITY
ORDINANCE NO ._
SERIES OF 2000
COUNCIL BILL NO. 61
INTRODUCED BY COUNCIL
MEMBER~~~~~~~
ABILL FOR
AN ORDINANCE AMENDING THE CITY OF ENGLEWOOD COMPREHENSIVE
PLAN TO INCLUDE A REGIONAL PLAN ELEMENT.
WHEREAS, the Englewood City Council passed the City of Englewood
Comprehensive Plan in 1979 ; and
WHEREAS . the Englewood Comprehensive Plan provides policies guiding actions
affecting the City's physical development; and
WHEREAS, in March of 1997 , the Board of Directors of the Denver Regional
Council of Governments (DRCOG) approved a strategic growth plan for the six-county
metro-area entitled Metro Vi,;ion 2020 ; and
WHEREAS , the City Council of the City of Englewood. Colorado passed a
Resolution No. 48 , Series of 1999 , supporting the Denver Regional Council of
Government (DRCOG) metro Vision 2020 Plan; and
WHEREAS . the proposed amendment adds goals and objectives for five of the six
Metro Vision 2020 ·'Core Elements" to Englewood's Comprehensive Plan: and
WHEREAS, the sixth Core Element, '·Free-Standing Co mmunities" was not
endorsed by Englewood's Planning and Zoning Commissio n because that element
pertains mainly to outlying communities such as Castle Rock , Brighton and
Longmont; and
WHEREAS , the passage of this proposed Ordinance would amend the Englewood
Comprehensive Plan to provide a regional context for the a nticipated updating of the
Plan.
WHEREAS, the Englewood Planning and Zoning Commission held a public
hearing on May 16 , 2000; and
WHEREAS . The Englewood Planning and Zoning Commission of the City of
Englewood has approved and recommended that the 19 79 Comprehensive Plan,
Forward Section, should be amended to reflect the support of the Metro Vision 2020
Plan;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD . COLORADO , AS FOLLOWS:
Section l. The City Council of the City of Englewood. Co lorado hereby approves
and adopts the following as an amendment to "The 19 79 Co mprehensive Plan
(Master Plan)."
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ORDINANCE NO._
SERIES OF 2000
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BY AUTHORITY
A BILL FOR
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COUNCIL BILL NO. 70
INTRODUCED BY COUNCIL
MEMBER~~~~~~~
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE ENGLEWOOD ENVIRONMENTAL FOUNDATION, INC ., THE
REGIONAL TRANSPORTATION DISTRICT AND THE CITY OF ENGLEWOOD ,
COLORADO E NTITLED ·'COMMON AREA MAINTENANCE AGREEMENT.
WHEREAS, Ordinance No . 1, Series of 1996/1997 was passed by the Englewood
City Council authorizing an IGA entitled "C ity of Englewood Project Agreement with
RTD for Transit Facilities and Parking Spaces to be Incorporated into the
Redevelopment of Commercial Real Estate Near Hampden a nd Santa Fe (Presently
Referred to as Cinderella City)"; and
WHEREAS. the passage of Ordinance No. 42, Series of 1999 , by the Englewood
City Council authorizing an "'Amendment" to the !GA with RTD for the construction
and funding of t he transit facilities a nd parking spaces a t CityCenter Englewood : and
WHEREAS , t h e passage of C. B. 67 , Series of 2000 , by the Englewood City Council
authorized a Second Amendment to the !GA for Englewood CityCenter Between the
City and RTD ;
WHEREAS , the passage of this proposed Ordinance will authorize a "Common
Area Maintenance Agreement" between RTD , EEF and the City of Englewood :
NOW , THEREFORE, BE IT ORDAINED BY THE CITY O NCIL OF THE CITY OF
ENGLEWOOD, COLORADO . AS FOLLOWS :
Sectjon ) Th e ·'Common :\rea Maintenance Agree me nt" between the Englewood
Environmental Foundation . Inc., the Regional Transpo rt:ltlon Di stri ct a nd the City of
Englewood attached hereto as "Exhibit A", is hereby accep t ed a nd approved by the
Englewood City Council.
Sectjon 2. The Mayor is authorized to execute and the City Clerk to attest and
seal the "Comm on Area Maintenance Agreement" for and on behalf of the City of
Englewood, Colorado.
Introduced, read in full , a nd passed on first r eading on the 21st day of August,
2000 .
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Date
August 21, 2000
INITIATED BY
City Manager's Office
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COUNCIL COMMUNICATION
Agenda Item
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CAM Agreement for CityCenter
Englewood between RTD and EEFI
Michael Flaherty. Assistant City Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The City entered into an intergovernmental agreement with the Regional Transportation District on January 6.
1997 for participation by RTD in the redevelopment of CityCenter Englewood. Pursuant to this agreement the
parties agreed to negotiate a joint use maintenance agreement for CityCenter. The City has assigned, the
Englewood Environmental Foundation, Inc. to develop a Common Area Maintenance Agreement (CAM) for the
purpose of defining common area maintenance and certain common operational responsibilities and allocating
cost to members of the CAM. RTD has agreed with the terms of the agreement.
RECOMMENDED ACTION
Staff recommends council approval of the Bill for an Ordinance authorizing the Englewood Environmental
Foundation to enter into the CAM agreement with RTD.
BACKGOUND
The Englewood Environmental Foundation was created for the purpose of developing CityCenter Englewood,
including various facilities to serve the light rail station adjacent to CityCenter Englewood including a pedestrian
bridge . a passenger elevator, parking facilities. access roads and bus parking/transfer pads. in addi1ion to general
public amenities that RTD passengers will utilize. EEF has developed a "Master CAM Agreement" that provides
for the maintenance of all common areas of the site. Under the terms of the Master CAM Agreement. the
maintenance director of EEF is given the right to provide maintenance and charge for the cost of such work . EEF
has previously entered into an agreement with Wal-Mart and now that the RTD facilities are in operation seeks to
include RTD in the CAM.
FINANCIAL IMPACT
The Regional Transportation District will be responsible for 27% of the total cost of common area maintenance .
Their budgeted cost for 2000, beginning on July 1, is $139,725, payable in monthly installments upon approval of
this agreement. Projected payments for 2001 are approximately $295,000 .
LIST OF ATTACHMENTS
Bill for an Ordinance
Proposed agreement
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Published as a Bill for an Ordinance on the 25th day of August, 2000.
Thomas J . Burns, Mayor
ATTEST:
Loucrishia A . Ellis, City Clerk
I , Loucriahia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify
that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read
in full, and passed on first reading on the 21st day of August, 2000.
Loucrishia A. Ellis
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COMMON AREA MAINTENANCE AGREEMENT
(EEF/RTD)
TIDS COMMON AREA MAINTENANCE AGREEMENT ("RTD CAM") is
made this __ day of May, 2000 by and between ENGLEWOOD ENVIRONMENTAL
FOUNDATION, INC., a Colorado non-profit corporation ("EEF'), whose address is 1000
Englewood Parkway, Englewood, CO 80ll0; and REGIONAL TRANSPORTATION
DISTRICT, a political subdivision of the State of Colorado ("RTD"), whose address is 1600
Blake Street, Denver, CO 80202 .
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I. RECITALS
RTD and the City of Englewood entered into an Inter-Governmental
Agreement (IGA) dated January 6, 1997 providing for the acquisition of a
transit easement by RTD for its Southwest Corridor Light Rail Transit Project
at the redeveloped Englewood CityCenter. Pursuant to Section 12 of the IGA
the panics agreed to negotiate a joint use maintenance agreement for the
maintenance of the areas acquired for the project. as such areas were defined
in the IGA . A copy of that provision is set fo nh below:
SECTION TWELVE
MAINTENACE PROJECT
The parties contemplate a joint use project, for which a joint use maintenance
agreement will be negotiated . The RTD will contribute to maintenance of the
Project during its useful life , and shall maintain the LRT passenger platform
and the LRT traction power substation at its own cost. Maintenance will
include , but not be limited to. snow and ice removal , provision of sanding and
deicing agents as deemed necessary.
The City of Englewood has assigned its maintenance and cenain other
responsibilities pursuant to the IGA to the Englewood Environmental
Foundation (EEF). RTD has agreed to contract for maintenance of the Project
areas , and certain additional common areas. with EEF in fulfillment of the
parties ' obligations pursuant to Section 12 of the IGA for so long as an to the
extent that EEF assumes maintenance re s pon s ibilities .
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1.3 EEF is redeveloping the property formerly known as the Cinderella City Site,
and now known as Englewood CityCenter located at Hampden Avenue and
Santa Fe Drive.
1.4 RTD has constructed an extension of its current light rail system. referred to as
the Southwest Corridor Light Rail Transit Project, within the right-of-way
immediately adjacent to the west side of Englewood CityCenter. including a
station adjacent to Englewood CityCenter.
1.5 EEF is de ve loping various facilities to service the light rail system and its
passengers . including but not limited to a pedestrian bridge providing
pedestrian access from the light rail stati o n 10 the facilities at Englewood
CityCenter. parking facilitie s for light rail p:is engers and commuters. service
roads to provide access for RTD buse s. allowing bus passengers and light rail
passengers to connect with o ne another. bu bay to allow the RTD buses to
pick up and drop off passe ngers in close proximity to the light rail station and
other ancillary and related facilities .
1.6
1.7
In connection with the development of Eng le wo d CityCenter. EEF entered
into a Common Are:i Maintenance Agree ment with Wal-Mart Real Estate
Business Trust dated November 24. 1999 and re corded in the records of the
Clerk and Recorder of Arapahoe County o n '.'J ov ember 24, 1999 at Reception
No. 9186624 ("Master CAM Agreement ". a copy of which is attached hereto
as Exhibit A). The Master CAM Agreement provides that all of the Common
Areas of the Englewood CityCenter (as defined in the Master CAM
Agreement) shall be maintained by EEF. as the Maintenance Director, unless
such Common Areas are located solely on a Parcel owned by a private party.
The Common Areas to be maintained by EEF include the facilities servicing
the light rail system and it s passengers.
Under the terms of paragraph 5 .d of the M:i ster CAM Agreement, the
Maintenance Director is given the right to provide maintenance for third
parties and for property adjacent to Englewood CityCenter upon payment to
the Maintenance Director for the cost of such work .
1.8 EEF and RTD desire to enter into this Agreement to provide that EEF will
maintain the Common Areas servicing or benefiting or enhancing the light rail
system. and RTD will reimburse EEF for the cost of such maintenance on the
terms and conditions hereinafter provided .
NOW. THEREFORE. in consideration of the mutual promises contained herein and
for o ther good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follow s:
C \Wl~DOWS\TEMP'CAMlfl '61~ 2
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II. AGREEMENT
2.1 Definition s .
2.2
(a ) ·'CAM Costs'' shall have the same meaning as set forth in the Master
CAM Agreement.
(b) "Englewood CityCenter" shall mean the transit oriented development
located on the property described as Englewood CityCenter Filing No . I .
Arapahoe County, Colorado .
(c ) "Hampden Station•· shall mean the light rail station located at Hampden
Avenue and Santa Fe Drive. adjacent to the Englewood CityCenter.
(d ) "Maintenance Director."' The Mainten anc e Director hall be that per on
designated in writing by the EEF along with the annual certification o f
estimated costs for the following year.
Work to be Performed bv the Maintenance Direc tor.
The Maintenance Director shall maintain all walkway s, idewalks. streets. bu s
bays and the bridge (including all stairway s) fr om the RTD platform to
Englewood CityCenter. Such maintenan ce shall include , but not be limited to.
removal of all papers, debri s. filth, refuse. ice and/or snow. and sweeping such
areas, maintaining all pa ved surfaces, including repairs. replacement and
resurfacing. as necessary. and maintaining all ne cessary lighting. EEF shall
also maintain the parking structure adjacent to the Hampden Station at the
southwest comer of Englewood CityCenter. and the surface parking at the
northwest comer of Englewood CityCenter. portions of which parking areas
are available for use by RTD passengers or commuters. All such maintenance
shall be done in accordance with the standard s set forth in the Master CAM
Agreement. RTD shall be re s ponsible for all maintenance of the platform
adjacent to the Hampden Station, including cleaning, ice and/or snow removal.
sweeping . repair and replacement, as nece ss ary . The standards for the
maintenance to be done by RTD on the platform shall be at least equal to the
standards of the maintenance done by the Maintenance Director for the
Common Areas of the Englewood CityCenter. At a minimum. the
Maintenance Director shall be responsible for all items contained in Section 12
of the IGA for so long as this agreement is in effect. Failure of the
Maintenance Director to co mply with the provisions of Section 12 shall not
relieve the Englewood of its obligations under the IGA.
2.3 (a) The CAM costs payable by RTD pursuant to this Agreement are for RTD's
share of common area maintenance costs arrived at pursuant to the formula
shown below and depicted on Exhjbjt 8 attached . Any costs charged to RTD
C.\Wl'iOOWS\TEMP\CAMIIJ . .k,..: 3
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shall be based on this formula which shall not be changed except in writing
acknowledged by RID. EEF and the City of Englewood.
(b ) RTD shall pay to the Maintenance Director a sum equal to its percentage
share of the CAM costs as shown on Exhibit B, currently 27% of total CAM
costs per year. Within thirty (30) days prior to the commencement of each
calendar year, Maintenance Director shall provide RID with an estimate of
RID's share of the CAM costs for the following calendar year, and RTD shall
pay l/l 2'h of such estimated cost on the first day of each month during the
calendar year. On or before April 30 of the following year, the Maintenance
Director shall prepare an annual statement comparing budgeted and actual
expenses, and an adjustment shall be made with any excess amounts to be
reimbursed and an y shortfall to be paid, within thirty (30) days after invoicing .
Failure of the Maintenance Director to prepare a reconciliation on or before
June 30 of the year following which all estimated payments have been made
by RTD shall re s ult in a s uspension of payments until a reconciliation is
prepared. In the event that a reconciliation shows that RID paid in excess of
its pro rata share of actual CAM costs, the excess shall reduce the following
months(s) bill until all excess payments for the prior year have reduced the
current year's payments. In the event that reconciliation shows that RTD has
paid less than its pro rata share of actual CAM costs for the prior year. the
deficiency shall be amortized over the remaining bills for the current year and
a new invoice shall be sent to RTD showing the new monthly payment for the
remainder of the year.
All Estimates of Annual Costs and other Notices required under this
Agreement shall be sent by first class mail to the following persons :
For EEF:
President.
Englewood Environmental
Foundation . In c.
1000 Englewood Parkway
Englewood, CO 80 1 IO
2.4 Default .
ForRTD:
Director. Planning and Development
RTD
1600 Blake Street
Denver. CO 80202
In the event of default by the Maintenance Director under this CAM
Agreement . RTD shall have the rights and remedies otherwise available to any
Person in accordance with the terms of paragraph 7 of the Master CAM
Agreement.
Provided that RTD has budgeted, appropriated and authorized funds for
payment of annual CAM costs, in the event of non-payment of any monthly
payment by RTD. interest shall accrued on such non-payment at the rate of l %
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per month. No person(s) or entity other than the City of Englewood and the
Maintenance Director shall have any rights against RTD for default. Nothing
herein shall be construed to make any Person or party to the Master CAM
Agreement a third-party beneficiary to this Agreement.
Nothing herein shall relieve the City of Englewood or RTD of any of their
obligations under the IGA except that the parties may accept satisfaction of
those obligation s by performance of this Agreement.
RTD shall have the right. upon not less than ten (IO) days ' prior written notice
to the Maintenance Director, given within one year after the end of any
calendar ye ar, to inspect the Maintenance Director 's records for all CAM costs
incurred during such preceding calendar year, and shall otherwise have the
audit right s available to any Owner on the same tenns and conditions as
provided in paragraph 6 .c of the Master CAM Agreement . RTD 's payment of
CAM C o ·ts shall commence on the first day of the first calendar month
following co mmencement of light rail service to the public at the Hampden
Station . The amount of such payments for the remainder of calendar year
2000 shall be based upon an estimate of CAM Costs agreed upon by EEF and
RTD no later than June 15 , 2000 .
In surance .
The Maintenance Director shall procure and maintain in full force and effect
throughout the term of thi s Agreement as a C.A.M Cost, insurance as required
under paragraph 8 of the Master CAM Agreement.
2.6 Duration .
Except as otherwise provided herein, thi s Agreement shall continue until the
occurrence of the earlier of the following events :
(a) Termination of light rail service at the Hampden Station. or
(b ) Termination of the Master CAM Agreement.
Upon termination of this Agreement, all rights and privileges derived from and
all duties and obligations created and imposed by the provisions of this
Agreement shall terminate and have no further force or effect; provided.
however, that the termination of this Agreement shall not limit or affect any
remedy at law or in equity that either party may have against the other with
respect to any liability or obligation arising or to be performed under this
Agreement prior to the date of such termination. In the event of termination of
this Agreement for any reason other than termination of light rail service at
Hampden Station, nothing herein shall relieve the City of Englewood from
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maintenance obligations pursuant to Section 12 of the IGA.
2. 7 IncOJl)Oration of Provisions of the Master CAM Agreement.
RID is not a party to the Master CAM Agreement. The following provisions
of the Master CAM Agreement are incorporated herein and shall serve as
supplemental provisions of this Agreement:
Section 3 :
Section 4:
Section 5:
Section 6(c}:
Section 7(c):
2.8 Liability .
Maintenance
Lighting
Maintenance Director
Audit Rights
Self-help
RTD is political subdivision of the State of Colorado subject to the Colorado
Governmental Immunity Act. C .R.S . 24-10-10 I , et seq. Nothing in this
Agreement shall be construed as a waiver of any of the provisions of that Act.
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IN WITNESS WHEREOF, the panics have executed this Agreement effective the day
and date first above written.
APPROVAL AS TO LEGAL FORM
FOR REGIONAL TRANSPORTATION
DISTRICT:
ENGLEWOOD ENV1RONMENTAL
FOUNDATION, INC., a Colorado non-profit
corporation
By: -------------
Rick Kahm, President
ATTEST:
By : ____________ _
Roben Simpson, Secretary
CITY OF ENGLEWOOD:
By:--------------
Mayor
By :-----------
Marla L. Lien, Associate Counsel
REGIONAL TRANSPORTATION DISTRICT
By:--------------
Clarence W. Marsella, General Manager
C\WIN DOWS\.......CAMO..k 7
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EXHIBITB
RTD CAM COST FORMULA
North Parking Lot 4.165 acres @85% = 3.540
SW Parking Suucture 2.444 @75% = l.833
Busway and bridge l.940 @ 100% = l.940
AoydAvenue l.681 @50% = 0 .841
Piazza l.623 @ 15% = 0 .244
Total Common Area = 31 .076 acres RTD Area = 8.3 98 acres
(27%)
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Date
August 21, 2000
INITIATED BY
Utilities Department
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COUNCIL COMMUNICATION
Agenda Item
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Subject
License Agreement and
Construction Agreement for
the City Ditch and Newton
Trust
STAFF SOURCE
Stewart H. Fonda , Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
The Englewood Water and Sewer Board recommends Council approval of the Grant of
Construction Easement and License Agreement for the Englewood City Ditch to Newton for
the James a. Newton Trust.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The James Q. Newton Trust requested a License Agreement and Grant of Construction
Easement for the purpose of constructed roadway improvement on the west side of Santa Fe
Drive. Upon review, the Englewood Utilities Department is requiring the Newton Trust to install
approximately 1,760 lineal feet of 54" RCP pipe and access drive across the Englewood City
Ditch right-of-way .
In the Construction Agreement. Englewood agrees to permit Newton Trust to install the 54"
RCP and at the same time store pipe, equipment and fill dirt on Englewood's right-of-way in
described easement. Newton Trust will erect a temporary security fence around the storage
site to maintain security .
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Bill for Ordinance
Grant of Construction Easement and License Agreement from James a. Newton Trust
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ORDINANCE NO.
SERIES OF 2000
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BY AUTHORITY
A BILL FOR
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COUNCIL BILL NO. 71
IN1'RODUCED BY COUNCIL
MEMBER ______ _
AN ORDINANCE AUTHORIZING A "GRANT OF CONSTRUCTION EASEMENT"
AND "LICENSE AGREEMENT" FOR THE CITY DITCH TO JAMES Q. NEWTON
TRUST.
WHEREAS , the James Q. Newton Trust reques t e d a License Agreement and a
Grant of Construction Easement for the purpose of co n s tructing roadway
improvements and an access drive on the west side of Santa Fe Drive ; and
WHEREAS, the Utilities Department of the City of Englewood reviewed the Newton
Trust request and is requiring the Newton Trust to install approximately 1,760 lineal
feet of 54" RCP pipe in connection with the access drive a cross the Englewood City
Ditch Right-of-Way ; and
WHEREAS, the passage of this proposed Ordinance will authorize the "Grant of
Construction Easement" permitting the Newton Trust access to the City Ditch to
install the 54" RCP pipe and at the same time store pipe , equipment and fill along the
Englewood's City Ditch Right-of-Way in a manner whi c h does not interfere with its
operation: and
WHEREAS , the Englewood Water and Sewer Board recommended Council approval
of the "Grant of Construction Easement" and "License Agreement" for the City Ditch to
James Q. Newton Trust;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO. AS FOLLOWS:
Sectjon 1. The "Grant of Construction Easement" a nd the "License Agreement" to
the James Q. Ne wton Trust for the purpose of cons tructing roadway improvements on
the west side of Santa Fe Dnve, as described in Exhibits ''A and B", are hereby
accepted and approve d by the City Council of the City of Englewood, Colorado.
Sectjon 2. The Director of Utilities is authorized to execute the "Grant of
Construction Easement" a nd '"Licens e Agreement" for and on behalf of the City of
Englewood, Colorado.
Introduced. read in full , and passed on first reading on the 21st day of August,
2000.
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Published as a Bill for an Ordinance on the 25th day of August, 2000 .
Thomas J . Burns, Mayor
ATTEST:
Loucriahia A. Ellis, City Clerk
I , Loucriahia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify
that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read
in full, and passed on first reading on the 21st day of August, 2000.
Loucrishia A. Ellis
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UCEMSE AGREEMENT
THIS AGREEMENT, made and entered into as of lhe day of
___ __. 2000, by and cetwMn U'le ClTY OF ENGLEWOOD, a municipal corporatian
r:ACalorado. hefeinafter referred ID as "City" and u,e James a. Newicn Trust. hereinafter
referred ID as "Licensee,•
WITNESSETH: The City without any warrann, of a tide or interest wr,atsoever,
hereDy ~a,onas Licensff, its successors and assigns. ID install a 54" RCP pipe within
Ctty's ngnt-of-way far the City Oitcn and ID install, repair' and maintain an access drive
acn:ass II• City's rights-of-way for ht City Ditch, deacribed as a parcel of land 5i~ated in
1W East 1/2 of Sedion 29. Township S Souu,, Range 68 West of the 6tn Principal
Meridian, County of Arapahoe, State of Coloracso. depicted upon Exhibit A attacned nereto
and macse a part nereof.
, . Ar1y constn.idiOn contemplated or performed under lhis L.icense snail c:cmply with
and confcrm ID standards formulated Dy the Diledar of Utilities of tne City anc:2 such
ccnStNction shall be pe,formea and completad accarding to tne plans approved by
lie City .
2. The L.icensee shall narify lhe Cicy's Oirec:=r of Utihties at least uiree (3) days prior
ID lhe time of cammenc:ement of the ~ction of, or any repairs made to,
Lic:ensae's 54" RCP pipe and access drive so that ttie City may, 1n its disc:retien,
inspect sudl operations .
3 . Within lhirty (30) days tram the date of c:cmmenc:ement of constn.iction of said 54•
RCP pipe and access drive, the ~icensee snal complete such construction. place
and maintain permanent, visiDle mattcars, of a type and ai suet, lcc:ations as
designated by lhe City's CiradDr of Utilities, referring to the centerline of the
inslallation and shall dear the c,gssiflg area af all cansuudicn debris and restore
the area ro its previous candition as near as may be reasonable. In the event tne
placing of th• c:entertine mal'ketS and the clearing and reatoratian of the creasing
area is net completed within !he time specffied, the City may complete tne wor1t at
the sole expense of the Licensee .
4. Tr,a City sn111 nave the right ta ma intain. install, repair. remove or relocate the City
Dilctl or any other of 1lS fac111t1es or installations w1tn1n the City 's ngr,ts-cf-way. at any
time and in suc:l'I manner as th• City dNma neceuary or convenient. The City
reserves the exclusive f'ignt to conuol al easements ancl instaltaiians.
5 . The stiptJlation and conditions of this License shall be i,\corporated intc cantract
specifications ifth• constrvdion herein autl'\orized is tc be done on a contract bas is
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6. The rights and privileges granted in llis ucensa shall be suojec:t tc prier
agreements. lic:enses and/or g,anis. rac:cl'ded or unrecorded, and it shall oe the
Licansu·s sole rasponsiCility tc determ,ne tl'le existence of said documents or
c:anftic:ting i,ses or inS1allalion&.
7. Th• Licensee sh.U contact and fiilly c:ooperara wlltl tne City 's personnel and the
construction lhllll be completed without intarfarenc:e wilh any lawful, i.sual or
OR2inaty flaw of water ll'lra&olgh the City Dilch. Licensee Shall assume all riSltS
incident ID the possible presence of such w~. or of S1Dffl1 waters. or of sa,rface
wmers in a,e Cicy O.rct,.
I. All trendies or l"IOles within !he Ciry's rights-of-way shall be baekfilled and tamped
1D the original ground line in layers r1Ct tc exceed SUt (6) inches loose meaS\.lre tc
a compaction of ninety per cent (90%) Standartl ProdOr Max imum Density .
9. Licensee shall indemnify and save hatmless !he City, its officars and emplcyees,
against any and an Claims, damages, aetions or causes of acticn and expenses tc
which it or tney may be subjected by reascn of said ac:ess dnve t:eing w ittitn and
ac:n:ass u,e premises of Ute City or by reason of any work done er omission made
by Lieensee, its agems or employees. in c:cnnectlon witt'I me ccnsvucticn .
replacement. maintenance or repair cf said access drive . LJcensee. fer a paned of
one (1) year beginning en January 2. 2001 . warrants tc Cjty that me 54• RCP pipe
will ce free from caefecis in materials and will be frH from defecis in the installaticn
of u,e 54• RCP pipe intQ the City Ditch right~f-way .
Upcn an assignment of this License to a third party . which assignment shall be
approved by City (approval of an assignment shall net oe unreasonably witnneld or
delayed) tl'le James Q. Newton T11Jst sna11 oe relHsed from all rft?Onsicility unaer
tl'le ptCVisions of tnis paragraph and the appl'O¥ed assignee shall assume all
obligations under tl'lis paragraph. Also, when the Colerado Department of
Transportation and/or the City of LitUeton ac:cepts the prajec: canszrudad under mis
License Agreement for maintanance p-.~ant rg an agreement wicr1 the City or by
other means ac:ceptaCle to the City then the James 0 . Newtcn Trust shall De
1'91eased from all responsibility under tt,e previsions cf this par119~.
10. It is exp,esSly agreed that in case of Licensee 's breach of any of !he within
premises . the City may , at its optlcn, ha11e specific perfcrmance trlereaf. or sue fer
damages resulting from sue::, breac,,.
11 . Upon abandonment cf any rigr,r or privilege herein granted, tne right of Ucensee ta
that extent Shall terminate, but its obligalicn to indemnify and sa'le harmless tr,e
City, its officers and employees. shall not 1erminat• in any event, lbC&pt as tc the
James Q . Newtc:an Trust pursuant to tl'le prevision of paragraph 9 above.
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In granling the .-.,. ............ 1W Cly fl 11 ..a lne 11ght 1D make ful YR of ltte
p,aperty lnvalved • ,nay a. nee 111 • 7 or CICWIWllient in the operadon of 1he __. wortcs
plant and sysllffl ..., Ille CDl1ll'al ~-Cly.
INWITNESS WHEREOF, lllis inslnanallthU bNfl eucuflld asaf111ecsay and year ...........
APPROVED:
APPROVED AS TO FORM:
..moNIIIS,:111
CITY OF ENGLEWOOD.
Aeling thraugh and by ilS
war lr1d s... aaans
LICENSE:;
X°"Q
By.~ M. Davis. Jr •• rn1.
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Date: 8/10/00
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BELL SURVEYING COMPANY
500 ~ll1 ST. • OENv£R. CO. ~
c 303 > 121-01e ,.u w-not
d,
EXHIIIT A
CROSSING UCENSE AGREEMENT EXHIBIT
o,a,.;"11 IIIO.
0008-105.
A ~ I.ICllla ,at IIIIIIOMT ~ CMII A IIOllnGN o, M t,\Sf 1/2 Off IICTIOlo a. ,..,... S 1D11111 ....... • alSI' o, TIC flit I'M.. OOUNT'r 0, ~ STA?! Y
COl.llllllllO. 1111G -llillfflCUUIILT ~ 4 l'aU,OWS:
---Ill A ll'CIINT OIi '!IC WISIIIILT IIQtT 0, •T l,a,I al Tio£ 01'r Offl:11 . ...SC 11111G
OIi '!IC IIISTIILT _,. 0, •T ..C o, U.S. -NO. 15. .,,a,a: nc CINIIII Oil s,;o
snc111 a 1111111 " ~,·sr • • IIIITMCI a, ,m.a ,m, nea ,. 91'QS1:z-t
-IIIEI°; 1141G S ..... W 1:D.ZS ,m; ~ N ..al"•I• • &%1 l'!!T TO
• ~ fJIF a.-.: OIi SIIID IIISIIILT _,-0, •T UNI. 1ICIICE ~ M .tllC o, SAIC
CUIM: TO nc ,.m -• IIIIDIUS o, su..,a <m. ,. ~ ~ a, aincl'06°.
CTIC CIOIO 0, -.... 11 X'22'21" I:) • OISTMCE Oil C.07 1111T -Cit IDS
10 nc IICIMT o, 11DtMC.
l'QII TIC IIUIIIIOm aF lid ~°" 1"' 111115 a, IIAIIINGS s M -soun,
Clln!lul[ a, 511111 UCTlON a ~ " acrcrn· 1.
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OPOSED ASP[ GR E OPMENT)
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N[W AsPliAL T
S.H. 85 {SANTA FE DRIVE) -----------0
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GRANT OF CONSTRUCTION EASEMENT
THIS AGREEMENT IS madeU,is __ day of 2000 by JAMES
a. NEWTON TRUST C-Newtonj, wnau principal place rJt bl.isiness is 2 Inverness Drive
East, Suite 200, Englewood, Colorado ao, ,2. anCI U,e CITY OF ENGLEWOOD
("Englewaocs-). a Colorado municipality whose pnncipal place of business Is 1000
Englewood Parkway, Eng1ewoac1, Colorado 80110.
WHEREAS, Newlan asiras fD construct roadway impta\lements tc Ute west side
of Sama Fe Ori"• m ser.,e Mut9 d~ and in accordance wia, an approved COOT
AccaS Permit (No.1597129); anc:1
WHEREAS, Newt.an is rwqMit9d m insWI a COOT appro"eCI 54" RCP pipe project
,n an Englewood C~ Oitd'I right~ay in the location depicteCI upon l:Juiibit A attac:ned
nere,a and made a part neracf(V'le "Praj8Cl"J; anci
WHEREAS. N8WICln owns a parcel of 'iacant land slated for commercial
da,,elOpment and
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THE PARTIES covenant and agree as follows :
PtlRd C pf em,,ct. Newton will inSlall a COOT approved 54" RCP pipe project
in lie Englewaad c.y Oild'I n;na-ot-way and cover same wilh dean fiU d'wt
De91111 ling irl Nalrember rJf 2COO. After 1he pipe is installed and cov8f'8d. wnid'I is tc
be no lalitr 1hM l'eDNaty of 2001. Newton will dO what is reasonably necessary to
rasliDre tr,e p,aperty to the original c:onc2ition .
BiiU lR $MD Mfllrilb. En;lewood agrees to permit Newtcn , in i:anjundion wi1h
U'le canstNdlan and installation of pipe. to stcte pipe, equipment and NI dirt on a
site as indicated an U'le au.ached map. Nawton agrees to erea a tamparary secw'ily
fence around u,e staraQe sile and maintain a«sequaie sea.,my for the site at all
tima. Newton "rtl'l•r agrees ta comply with au scaie and federal sta1UteS and
~lations regatding 1he har,dling, storage and dean up of any haZardOl.ls
mautrials used by Newton, its employees, agents and assigns ,n conjunction with
the Projec:t. The location of the cor,structlan easement iS depicted upon Exn1bit ·A·.
3. L,anqv, ofAQceement This Agreement shall expire on Odcber 31. 200,. Howe'ler,
Ole City Citcn piping prqea musi not t1eg1n befcre November 1. 2000, and the 54•
RCP pipe must ha'4e flaw capability on or before January 1, 2001.
4. 6'iaU-Newlan sna11 have !he tempera~ non..exclusive right to enter the property
far any reasonable purpose necessa,y for Ola construction of the Project subje«:i to
1he fDllcwing restricticns: 1) normal working ncurs shall be from 8:00 a.m. until 4 :00
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p.m.: 2) lh• ope,aDo., of equiprnenc and neavy trudCS will be permilted on Iha
p,ape,ty Only during normal wartcing hours; 3) NewtDrt wiU c:amply wilh all Cily of
umeu,n requnmants NgarQing emargency access ID Iha property.
5. BaJpradqn. Newlan '#II da wt,a is,......, tD ,..,. 1he property tD ilS original
c:cndilion induding D&.t nat llmllld ta: 11191adl111g ll'le p,apeny W1der tnis agraemam
and raueding tne praperl) acm111l11g 1D COOT raquiremems. The res1Dtation is to
be c:ompletad by 1he upiraian data of !his Grant
I. Ht CAodjljpQ Nawran #ill pnMia wurity far tn• sila at all times. In additian,
Newlon wil endeavor to kaep the • in a vill,al) ao:eplllCle manner during 1l'le
wm at VIIS aglHf1WIL and Newb'I wil maintain aquata csust co"'101 eitner by
,agularty spraying •xpased soi -iv, _.., or 1:1y act,ar accepcat,le mell'lods.
7. ~. Newlar1 ag,... tD be liable and hold harmleSs Englewood. its employ ...
tenants, guem and invilees tram any and all daima, causes of acion. and liabilil)
-nich may cccur as a 191Ult of tl'MI adions af NNtan inducing tn• ccst cf defending
against~ c:lains.
8. IDIW!IOC!· Newlon shall rnaintUI in fuU farce and effect a valid pcllcy of insurance
farll'le Prajea in 1he amoi.,nrofSIOQ,000 ~~·and $&OD.ODO llabily
mve,a;e. Newlon Adwr ag,-lhat all Newlan employees. c:anll'aCICrs ancs sub-
c::anrrac=rs WQIMlg an the Prqec:t snan De c:over9CI by adequate Wotkerl
Compensation Insurance.
9. 6cPiJratlAo . The parties a;rN ta submit any disputa ta an::aitraticn purwuant wi
Colarada law .
IN WITNESS WHEREOF, 1he Paa1in nerwtD have 8ll8CUt8d tnis Grant of
Consln,clion Easemem on tne Detow wriDln date ta be affK:iv• en tne day and yaar first
aDOve Miaan.
JAMES Q . NEWTON TRUST
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COUNTY OF 9iG"i~""" )
On tniS \',,,tt.. day of Au.~\6:i+ , 2000, bafl:n me
PfflOl1llly appa,9d Ric:nard M. Davis, Jr .• known tD me ta be tne Trustee of the James
Q. Newmn Trust. lhat uecuted the wilhin and faregoing lnswment. and acki ICMledgec
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Ille Slid inllNIMnlta be l'lehe and vauary Cll'ld dad of said TIUltfar1118 uses and
purpoan ~ "*111onad. and on aall'I SIIIIICf Im he was aulharizai IQ eiaculll said ..........
IN WITNESS WHEREOF. I have,.,..,_• my hand and affi..a my afflcial seal
.. day and YN(h lbave .....
NOTARY PlJBUC
AOOAESS
My WINlillion apnl: ~ Gr « .2#.2
CITY OF ENGLEWOOD, COLORADO
-------Direc:llar of Utillln
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EXHIBIT A
CONSTRUCTlON EASEMENT
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0..: 1/10/00
WOLHURST LANDING
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SNal' 2 OF 2
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BY AU THORITY
ORDINANCE NO .
SERIES OF 2000
COUNCIL BILL NO . 65
INTRODUCED BY COUNCIL
MEMBER GARRETT
AN ORDINANCE AUTH ORIZING A CE PTA NC E OF A $7,500 GRANT FROM THE
COLORADO DEPARTME NT OF LOCA L AFFAIR S (DO LA) FOR ENTERPRISE
ZONE MARKETI NG AND ADMINI STRATION .
WHEREAS, in 1990 the City of Englewoo d a pplied to the Co lorado Departme nt of
Local Affairs and was gra nted , Enterprise Zone status fo r a majority of the
industrially and comm er cia ll y zoned property in the City of Englewood ; and
WHEREAS , the South Broa dway co rridor and the Cmderella City site r eceived
Enterprise Zone designation effectiv e July 1, 1998 ; and
WHEREAS, the Departme nt of loca l Affairs has a co mpetitive gra nt program fo r
Enterprise Zone s , wh ic h pr ovi d es marketing a nd a dm111istr ative s upp ort: a nd
WHEREAS , thi s is the 5,h yea r in whi ch the Community Develop me nt De p a r tment
of the City of En glewood ha s a pplied fo r a nd rece iv ed s uch funding ; a nd
WHEREAS , the Enterprise Zone is used m the City a a vehicle for business
retention; and
WHEREAS, by encouraging busi ne ses t o take adva n tage of Enterprise Zo n e t ax
credits , an opporturuty is crea ted for bu inesses to strengthen operations thro ugh
re investment of these dollars back m t h ei r bus iness: a nd
WHEREAS , th e Color ado De partment of Local Affai rs r eq uires tha t the City
provide ma tclung fund t o meet gra nt re quirements: a nd
WHEREAS. the Co ntrac t betwee n the Colorado Department of Local Affairs a nd
the City of Englew ood pledges $7 ,500 in loc al matching funds to meet this obligation:
and
WHEREAS , thi s Grant and the matching fund s will be used for Enterpri se Zone
marketing and administration in the City of Englew oo d:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE C ITY OF
ENGLEWOOD , COLORADO, AS FOLLOWS:
Sectjon l. The Co n t r ac t be tween t he Colorado Dep artm ent of Local Affairs ,
Economic Developme nt Co mmission fo r the acceptance of a $7 ,500 Grant to be used
for Enterprise Zone Marketing and Administration a nd t he City of Englewood is
attached hereto as Exhibit l.
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Sectjon 2. The Contract between the Colorado Department of Local Affairs,
Economic Development Commission for the acceptance of a $7,500 Grant is hereby
accepted and approved by the Englewood City Council and the Mayor is authorized to
execute and the City Clerk to attest and seal the Contract for and on behalf of the City
of Englewood.
Sectjon 3. The City Manager and the Finance and Administrative Services Director
are authorized to transfer matching funds from the General Fund Unreserved Fund
Balance to the Comm unity Developme nt Budget of the City of Englewood, Colorado.
Introduced, re ad in full , and passed on first reading on the 7th day of Augus t ,
2000.
Published as a Bill for an Ordinance on the 11th day of August, 2000.
Read by title and p assed on final reading on the 21 s t day of August, 2000.
Published by title a s Ordinance No. _, Series of 2000 , on the 25th day of
August, 2000.
ATTEST: Thomas J . Bu.ms, Mayor
Loucrishia A. Ellis , City Clerk
I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading
and published by title as Ordinance No. ~ Series of 2000.
Loucrishia A. Ellis
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EDC #43 7
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CONTRACT
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DEPARTM EN T OR AG ENCY NUMBE R
NAA
CO NTAACi =I.OUTtNG NUM8ER
THI S Contract, made thi s __ day of , 2000 . by and between th e State of Colorado
for th e use and benefi t of the Department of Local Affairs . Econom ic Developmen t Comm1ss 1on ("E.D.C ."),
, 3 13 Sherman Street. Den ver, Co lorado 80203, hereinafter refe rred to as th e State , and C,ty of Enc lewood .
3400 So . Elat 1 St. Englewood. CO 801 10. hereinafter referred to as th e Co ntractor .
WHEREAS . authority exists in the Law and Funds have been budgeted , appropriated and otherw ise
made available and a sufficient unencumbered balance thereof remains availab le for pa yment in Fund No .
~. Approp . Code 316, Org. Unit EBAO . GBL , Contract Encumb . No . E0EDC.l3 7 ; and
WHEREAS , required approval , clearance and coord inat ion has been accomp li shed from and w it h
appropr iate agencies: and
WHEREAS . the State desires to pro mote eco nom ic developm ent in Colorado by ass isting !ocal
commun ities in expanding the ir econom ic base : and
WHEREAS , pursuant to 24-46-10 1 to 105 , C .R.S . 198 7 , the Co lorado Eco nomi c De velopm ent Fun e:
is created, and is to be admin istered by the Department of Local Affairs : and
WHEREAS . appl icat ions for distri but ions fr om th e Co lorado Eco nomi c De velopme nt Fund have bee n
rece ived by the Economic Deve lopment Com m1 ss 1on : and
WHEREAS. the Econom ic Developme nt Comm1 ss 1on has reviewed and recomm enced to tre
Gove rn or that the project described in this c ontract be fi nanced w ith a gra nt: and
WHEREAS , the Governor has au thorized exp end iture of mone y fro m th e Ec onomic Development
Fund to finance the proiect described in this co ntrac t: and
WHEREAS , the Contractor is an el ig ible rec ipient of Co loraC:o Econom ic De velopm ent fund s :
NOW THEREFORE it is hereby agreed tha t:
1 . Area Covered . The Contrac:or shall pe rform and acco mp li sh all :h e nec essa ry wor k and
serv ices prov ided under this Contract. as descri bed in th e attac hed Exh 1b1 t A. wh ich 1s inco rp orated herein
and made part of th is Contract by reference , in con nect ion with and res pec:mg th e foll ow in g area or areas :
Arapahoe Co unty
2. Scope of Se rv ices . In cons iderat ion for the monies to be rece ived fro m the State , th e
Contractor shall do . perform , and carry out . 1n a sat isfacto ry and prope r mann er. as determ ined by the State,
all work elements as indicated in the "Scope of Serv ices·. set fort h in the Attac hed Exhi bit A, here inafter
referred to as the "Projecr. Work performed prior to the execution of th is Co ntrac t sha ll not be cons idered
part of this Project.
3. Respons ible Adm inistrator . The performance of the services requ ired hereunder shall be
under the direct supervision of Art Sc ibelli , an employee or agent of Con tractor, who is hereby des ignated
as the adm inistrator-in-charge of this Project. At any time the adm inistrator-in-charge is not ass igned to this
Project . all work shall be suspended until the Contractor ass igns a mutually acceptab le replacement
admin istrator-i n-charge and the State receives notification of such replacement ass ignment .
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4 . T ime of Performance . This Contract shall become effective 1J pon proper executio n of this
Contract. The Proiec: contemplated herein shall commence as soon as prac:icable after the executicn of th is
Contract and shall be undenaken and performed in the sequence set fonh in the "Time of Performance·· 1n
the attached 8ch ibil A . No Economic Development Commission Funds prov ided under this contrac: w ill oe
expended pnor to the full execution of this contract. The Contractor agrees that time is of the essence in th e
performance of its obligations under this Contract. and that completion of the Project shall occu r no later th an
the termination date set fonh 1n the "Time of Performance."
5. Compensation and Method of Payment. The State agrees to pay to the Contractor . 1n
consideration for the work and ser,ices to be performed . a total amount not to exceed SE'IEN T HO USAND
F IVE HUNDRED AND N0/100 DOLLARS f Si.500 1. The me thod and time of payment sha ll !:le made in
accordance with the "Payment Scnedule" set fonh in Exh1b1t A .
6 . Accounting . At all times from the effective date of th is Contract until completion of th is
Project, the Contractor shall mainta in properly segregated books of State funds . matching funds. and other
funds assoc:ated with th is Project. All receipts and expenditures associated with sa id Proj ec: sha ll :,e
coc..1mented 1n a detailed and specific manner. and sha ll accord with the "Budget" set fort h 1n :xh1 b 1t A .
Contractor may adjust budgeted expenditure amounts up to ten percent (10 °~) w ith in sa id Budget w ith ot.t
approval of the State. Ad justments of budget expenditure amounts 1n excess of ten percen t ( 10 %) m ust !:l e
authorized by the State 1n an amencment to this Contrac: properly execu ted and approv ed pursu ant to the
State F iscal Ru les . In no eve n t shall the State's tota l c:,n side rat1o n exceed th e am ou nt shown ,n Para grap
5 acove .
a . Un less otherwise provided in th is Con tr act. 1f Exh 1b 1t A pr ov ,oes 'o r m o re :h an one paym e r.t
by the S tate. the initial payment set fonh 1n th e Pa ym ent Schedu le sha ll !:le m ace as soo n
as practicable after proper execution of this Con tract The C ontrac:or sh a ll ;niti ate all
subsequent ;,ayment requests !:ly submitting dccume nt ed proof of prooer e xpenditu re oi
State funds thus far received to a contract mo ni tor designated !:l y th e State .
b . The Contractor snail request th e fina l pa yment. 'Nh1cn ,s th e am o unt w1th r:elo by :h e State
until the Proj ect is comp lete . for the P roject by submin,r.g to the contra c: monitor a c e tall ec
cost accoun ting of a ll State fu nds ece1ved and ex;,ended towards comole uon of he Proi e c:.
Upon determ1n1n g to ;i s sat,sfac ::on tha t all 'un cs receive<: by th e ontrac :or ave :ie~n
properly spe nt towards ac comp li snm ent of the Pro i ec t . the Sta te shall p roriptly ma k e ~n a l
payment to the Contractor .
c . W ith in ninety (90 ) day s of completion of the Proiec:. th e Contractor sha ll subm,t to th e
con tract mon itor a detailed cos t accounting of expend itures of th e fi na l payment received
from the State . Any State funds not expended in co nnectio n w ith th e P roi ect sh all !:le
rem itted to the State at that ti me.
7 . Audit. The State or its authorized representat ive shall have the right to in spect. examine, and
aud it Contractor's records, books and accounts . incl ud ing the right to hire an independent Cenified Pub li c
Accountant of the State's choos ing and at the State's expense to do so . Such d iscreti onary aud it m ay be
ca ll ed for at any time and for any reason fr om th e effec:ive date o f th is Contract u n til fiv e (5 ) years aft er th e
date final payment for this Proiect is receiv ed by the Contractor . prov ided :h at the aud it 1s performed at a time
convenient to the Contractor and during regular bus iness hours . Whether or not the State ca ll s for a
discretionary audit as provided for in th is paragraph, 1f the Project is accomplished w ith in a singl e fiscal year
of the Contractor, the Contractor shall , at the conclusion of the Proi ect, and in addition to any other repons
requ ired, submit a repon and auditor's statement of the Project account to the Econom ic Development
Commission in the Depanment of Local Affairs . Such repon shall be prepared in conjunction w ith Contract or's
regular yearly audit , and must be submitted w1th 1n six (6 ) months after the close of the then current
Contractor's fiscal year.
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8 . Personnel. The Contrac:or represents that he has , or will sec ure at hi s own exoense. unless
otherw ise stated 1n Exh 1b1t A, all personnel , as emp loyees of the Contrac:or , necessary to perform th e work
and services required to be performed by the Contrac:or unc:er this Con tr ac:. Suc h person nel may not be
emp loyees of or have an y contractual relat1onsh1p w,th th e State and no such personnel are eli gible for any
employee benefits , unemployment compensat ion or an y other benefits accorded .o state emp loyees and
Contrac:or agrees to indemnify th e state for any costs for whicn th e state may be found liable ,n these
regards . Contractor shall pay when due all required employment taxes and income tax w 1tr.nold 1ng . All of
the services requ irec hereunder will be performed by the Contractor or under his supervis ion. and all
personnel engaged in the work shall be fully qualified and shall be authorized und er State and loca l law o
perform such services.
9 . Workmen's Comoensation Coverage . The Contractor ,s responsib le for prov iding Workm en's
Compensation Coverage and Unemployment Compensation Coverage for all of its emp loyee s to the extent
required by law, and for prov1d1ng such coverage for themselves. and for providing such co verag e or reo uinng
its subcontractors to provide such coverage for the subcontrac:or's emp loyees . In no case ,s :h e State
responsible for prov1d1ng Workmen 's Compensation Coverage for ar.y employees or sc.o contra c:o rs of
Contractor pursuant to thi s Agreement, and Contrac:or ag rees to inc:emn ,fy the State fer ar ; csts 'er Nh ,c;;
the State may be found liable 1n thi s regard .
10. Termination of Contract for Con ven ience of Either Parr,. Either '.h e State or th e Contrac :or may
terminate thi s Contract at any time the party determines th at the purpose of th e Con trac: wou lc o 'o ger be
served by comp letion of the Pro ject. The party des iring to termina te the Contract shall effect Sl.cn term,n auon
by giv ing written notice of termination to the other party and specifying the effec:iv e date th ereof, at !eas t: 1r:y
(30) days prior thereto . In that event, all finished or nfinisned cocL:men ts and other mater als sha ll, at :he
opt ion of the State . become its property . Contrac:cr shall reoay :unc s ad vanced and rot exo enced
accordance with the terms of th is contract. Contrac:or sna il not be reli eved of any ooli gat 1on s :o recay lures
ad v anced as a loan . notwuhstanoing any termin at 1cn of the contrac: for conv en ience .
1 1. Termination of Contract fer Cause: Reoa v ment of Ad vanced Furds
a . If. th rougn an y cause . the Contractor shall fail to fulfi ll 1n a tim ely and proper manner ts
ob ligations und er this Contract. or if th e Contrac:or shall viol ate an y of tne covenants . agree ments . or
st ipu 1at ions of this Contract, the State sha ll thereupon have the ri ght to term inate th is Co ntrac t for c al.Se :i
g,v ing writte notice to th e Contractor of sue:, term in at ion and spec ,fy,ng the effective cate tn ereo f. at eas:
five (5 ) days :,efore the effect iv e cate of such termination. In that event, all fini shed or unfini sne c cocl.men s .
data. stud ies . survey s , drawings . maps . models , photograpns . mec ia contracts and repo n s or ot er matenal
prepared by th e Contrac:or unoer thi s Contract shall. at the option of th e State , become ,ts property : anc :h e
Contractor sha ll be ent itled to receive just and equ itable compensat ion for any sat 1sfac:ory work corrolete d
on sucn documents ano other materials.
b. Notwithstanding the abo ve , th e Contractor sha ll not be reli eved of liab ili ty to the State 'or any
damages sustained by th e Sta te by vinue of an y breach of th e Contract !:>y the Co ntracto r. anc th e State may
w ithhold any payment to the Contractor for the purpose of setotf unu l such ti me as he exact amount of
damages due to the State from the Contractor is determined.
c. If funds have been advanced to the Contrac!or, Con tractor shall repa y such funds to the
extent they are not expended in accordance with the terms of this contract at the time of erm ination .
12 . Changes . The State may , from time to ti me . requ ire changes in the scope of services of th e Contract
to be performed hereunder. However, th is Contract is intended as the comp lete integration of all
unoerstand1ngs between the part ies at this time. and no prior or contemporaneous add iti on . delet ion. or other
amendment hereto, includ ing any increase or decrease in th e amount of mon,es to be pa id to the Contractor,
shall have any force or effect whatsoever unless embod ied in a written contract amendment incorporating
such changes executed and approved pursuant to the State 's Fiscal Rules . Notwithstand ing th is prov is ion,
changes in the time of performance may be agreed to by letter if so prov ided for in Exhibit A, and contractor
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may make adj ustments of less th an 10 ;:iercent in budge t line items as pro vided for in secti on 6 of th is
Contract.
13 . Repor1s . At least two (2 ) cop ies of all repor1s prepared as a resu lt of the Project w ,11 be submitt ed
to the Economic Development C omm,ss1on in the Depar1ment of Local Affairs w ith in two (2 ) weeks of
comp letion of such repor1s .
14. Confl ict of Interest.
a . No employee of the Contractor sha ll perform or p rovide par1 -ime serv ices for comp en sa tion .
monetary or otherwi se. to a cons uitant or con sultant fi rm that h as :,een retain ed by th e
Contractor under the authority of th is Con tract.
b . The Contractor agrees that no person at an y tim e exerc 1s1ng any f1.:n c:ion or res pons 1b1 lity .
in connection with the elements of thi s pro ject th at ar e fi n anc ed w ith State fu nd s . on beh alf
of the Contractor shall h ave or acq u ire any persona l in anc 1al or econom ic nreres t. direct or
ind irect . wh icn w ill be materially affected :,y th is C on rac t. exc eot to :h e ex tent 'hat he may
receive compensation fo r his perfo rm ance ;:iur sua nt to th is Contr ac :.
c . A personal fi nancial or econom ic in teres t 1nclu ces . tl ut 1s not li mited to"
i. any bu siness entity in wh ich th e ;:,erso n h as a cirect or in d irec: monetary interes t:
ii. an y real property 1n wh1 c:, tr e ;:,erson has a c 1rect or inc irect monetar1 in te r es t:
iii . any so urce of in com e . loan s. or gifts rec e1vec 'J Y or ;i rom ised to the person w 1th 1n
twelve (12 ) mon ths pri or o the exec uuon da te of thi s Contrac::
iv . any bus in ess en tity ,n wh ich the person is a direc tor , offi cer, ge neral or limited
par1ne r . trus tee . emp loyee . or holds any p os ition of management.
For purposes of th is su bsecti on . 1nd1rec t .nv es tm enr or interes t m eans any investm en t o r
interest owned b y the spo use . ;:,are nt , brot her . sister , son . daughter , fath er-in-law .
mother-in-law . broth e r-in-l aw . s1ster-1n-law . son-in -law . or daugnter-in-law of :he person ':J y
an agent on hi s/h er behalf . by a genera l. lim ite d. or silent pa r1n er of the perso n . by any
business entity contr oll ed by sa id person, or by a tru st in whi ch he/she has su bs tan ual
interest. A bus iness entity ,s con tro ll ed by a person if th at person , h is/h er ag ent. or a relat ive
as defin ed above possesses more tha n fifty percent (50%) of the ownersh ip inte res t. Sa ,d
person h as a substantia l econom ic interes t in a tru st w hen th e per so n or an aoov e-defi ned
relauve has a present or fut ure interes t wor1h more than O ne Thousand Do ll ars ($1 .000 .00 ).
d. In the ev en t a conflict of interest. as described in th is Paragraph 14, ca nnot be avo iced
without frustrat ing the purposes of th,s Contrac t , the person involved in su ch a co nflic t of
interest sha ll submit to the Contractor and the State a fu ll disclos u re state ment sett ing for1h
the details of such conflict of interest. In cases of ex treme and u naccept able confl icts of
interest, as determined by the State. the State reserves the right to terminate the Con tract
for cause, as provided in Paragraph 11 above. Fail ure to fil e a disc losure statement req u ired
by th is Paragraph 14 shall consti tute grounds for term in at ion of th is Contract for cause by the
State .
15 . Compliance w ith Appl icab le Laws . At all ti mes during the performance of th is Contract, the Contractor
shall strictly adhere to all applicable federal and State laws that have been or ma y hereafter be established.
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16 . Subcontracts . Copies of any and all subcontracts entered into by th e Contractor to accomplish thi s
Proj ect w ill be submitted to th e Depanment of local Affairs upon execuuon . An y and all contracts entered
into by the Contractor snail comply w ith all applicable federal and Colorado state laws and s hall be 1.overned
by the laws of the State of Colorado notwithstanding provisions therein to the contrary .
17. Severabili tv . To th e exten t th at th is Contract may be executed and performance of the obligations
of the parties may be accompli shed w ith in the intent of th e Contract, the terms of this Contrac: are severable ,
and should any term or provis ion hereof be declared invalid or become 1noperat1v e for an y reason , such
invalidity or fa ilure shall not affect the validity of any other term or provi s ion hereof. To e waiver of any breach
of a term hereof shall not be construed as waiver of any other term .
18. Binding on Successors . Except as herein otherwise provided . th is agreemen t shall inure to th e
benefit of and be binding upon the panies. or any subcontractors hereto, and their r espective successors and
assigns .
19. Assignment. Neither party, nor any subcontractors hereto , may assign it s ri ghts or duties under '.h is
Contract without the prior written consent of the other party .
20 . Limitation to Panicular Funds . T he panies hereto expressly recognize th a t th e Cortrac:or 1s '.o be
paid . re1mcursed . or otherwise compensated w ith fund s provided to th e State for th e pur;,ose of contrac:ing
for the services prov ided for herein , and th er efore . the Contractor expressly und ersta rd s and agrees th at all
its rights . demands and c la ims to compensation ans1ng under this Contract are contingent u pon receipt of
such fun ds b y th e State . In th e event that suc h unds or an y pan thereof are not receiv ed "J y th e State, the
State may 1mmed 1ately terminate this Contrac:.
2 1. M in o n v Bus in ess En terprise Panic ipation . It is th e po li c y of th e State of Colorad o th at minority
bus iness enterprises snail have the maximum practicable opportun ity to panic 1pate in the performance of it s
construc:io n grant contracts . Toe Contractor agrees to use its best effons to carry out th is ;,oli c y to the full est
extent ;,rac:icable an d c onsis tent w ith the efficient performance of this Contract. As u sed 1n th is Contrac:, th e
term ",'T1 tn or:ty bus iness enterpri se" means a business. at least 50 percent (50%) of wh ic h is ownec by
minority gro uo members or. 1n th e case of publicly owned bus in esses . at least 5 1 percent {5 1 %) of th e stock
of wh1ct, 1s owned by mino rity group members. For th e purposes oi th is de finition. minonty group m embers
are Negroes or Black Americans. Span ish-speakin g Americans . As ian Ameri cans . Ameri ca n Indians .
Americ an Eskimos and American A le uts . The Contractor may re ly on writt en repr esentatio n s by :,1dcers .
contrac:ors , and subcontrac:ors regard ing th e ir status as m :nority en terprises and n eed not conduc: an
independent investigation .
22 . Parties' Relationsh ip . Excect with respect to its fiduc iary obli gati ons to the State set forth in Exh1b1t
A, the Contractor shall not be deemed an employee or agent of the State. No agent or emp loyee of
Contractor shall be or shall be deemed to be an employee or agent of the State, other than for purposes of
compliance w ith the fiduciar1 obligations to the State in Exh ibit A. Contractor w ill be sole ly and entirel y
responsible for its acts and the acts of its agents. employees and subcontractors during th e performance of
this co ntrac t.
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SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
. This contract shall not be deemed valid untJI it snau have been aocroved by th e Contre ller of uie State of Co lo rado or sue:, assistant as ne may ces1,;naie .
This prov,s1on ,s acclt cacle to any con tract ,n,.olving the payment of money oy the State.
FUND AVAILABILITY
2. F.nanoal obligauons of :tie State of Ccloraao payable after :tie current fi scal year are contin~ent upon fu nds for th at ;:urpcse being apprcpnated . :uc,;eteo
ano oa,etw1se maoe ava1lac le .
BONO REQUIREMENT
J . II thi s contract involves the payment of more tnan fifty thousana dollar$ for !he construc:ion. erection . repair. maintenance. or imcrcvement c t any
ouolding. roaa. onage . viaauel. tunnel . excavanon ot other ;,uchc wOr11 lot tllos State . the contractor sha ll. before enlenng upon :tie performance of any sue~
work 1nc1uaed 1n tll1s contrael. duly exeo,te and aehver 10 the State offioal wno will sogn the contract. a ~ooa ana suffic:ent bond or other ac::ectac le sc rety
IC ce aporoved Cy saod offioal in a penal sum not less tll an on~nalf of :ne :ota l amount ;iayable oy :ne terms of thos contract. Such t:ona sna il :e 1u1y
executed by a ~ualified corporate surery, cona1tJonec uoon ttie fa,tntul performance of the contract and in accition . shall :irov,ce that 1f the ccntrac:cr or ~1s
subc:,ntractors fad to duly pay for an y lacer . matenals, team ni re . sustenance. ;::,rcv1s1ons . provenc:or or other succ1ies usec or consumea 'J y sue:, ccrtrac:cr
or n1s suocontrac:or in performance of tne ·NCrk contrac:ed to :>e cone or 'ail s to ca y any person ·A<no succlies renta l ;racn,nery. :cols or ecu,orief'lt n ~re
prosec;JUOn of tt'le work. the surety 'N IU pa y th e same 1n an amount no t 'l!xceed 1ng tne sum si:eofieo in tne oona. toc;e tn er 'N1t., inte rest at U"I! ~a te : eic;rt
per ceot :,er annum . Unless suc."I :one 1s executec . aell vereo anc fileo .• o Cairn in aver of tne :cntrac:cr arisin g un cer suc:i c ontr act srall :Je J1..c ,1 eo .
allowed or oa,a. A cenifiea er casn,er s c:ieoc or a :,a nt< money oroer :iayao le to :r,e Treas urer of :n e State of Ccloraco ma y :ie ac.:eotea ieu Jf a :er
ih1s provision ,s 1n compliance w 1tn CRS 38·25-i 06.
INDEMNIFICATION
4. To the extent authonzed ~y law . :he contractor sha ll 1ncemn1fy . save and hold narm 1ess tile State. its employees and agents . against any an d ail ;!a1 s.
damages. li ac,lity ana court awarc:s 1nc!ud1ng costs. 9xoenses, and attorney fees incurred as a res ult of any act or om 1ss1on oy th e c.:ntrac:cr or ,ts
employees . 1gents. subcon trac:or$. or ass ignees pur$uant to tne terms of :his contract
OISCRIMINA TION ANO AFFIRMATIVE ACTION
5. The contrac:cr agrees to comply 'N 1tn ~n e le tter ana spmt of th e C.Jlorado Ant1C:isc~m tn ati on Ac! o f 19 57 . as am e nc:e d . anc uthe r aoc hcJole aw
respecti ng d1sa1m1nat1cn and unfair tmctoyment ;:,rac:ice (CRS 24·34-J.02). and as recu1 red by Executiv e Oraer. :=c:u al Opc orn .. mty ana A~rmativ e Ac:!cn.
aated Apn l 16 . 19i5. Pursuant rn erero. the allowing pro v,s1ons snail oe conramed ,n all State contracrs or suo-c::mrrac:s
Ou nn g tne ;:erformance of this con trac:. th e contractcr a;rees as fo uc ws:
(a ) The ccntrac!or ·M ll not discrimma1e a~amst any empioyee or acohcant for emp loyment because cf race . creeo . cotor. na ucnal on~1n , sei.. mantal status .
re1tg1on . ancesrr1. menlal or cnys1caJ hanc,cap. or ~e. The contraC*.cr will take affimianve acttcn to insure U"l.at ac phcan ts are l!mcloyed . ana :.,,at emcroyees
are 1reated dunng emoloyment. wtthcut regard 10 th e aoove mentionea c.'1 arac:ensti cs. Sue.., acticn sna ll 1nc!uC e, :Jut not ~e limited :o :ne 40tlc•.v mg :
employment. UPQ1'301ng , demotion. or transfer. reat,uUTlent or recruitment advernsmgs : lay-offs or :erm1na t1ons: rates of pay or ott'ler forms of ccmoersaucn .
and selecticn fe r training , 1nctuoing accrentt cesh1c . The contractor agees to post 1n conspicuous places . avail able to emoloyees arc ac:,hcants 1cr errotoy:-em .
notices :o be ;:,rov1~ed by th e contracting officer setti ng forth prov1s1ons of thi s non-a1scnm1nation Cl a use .
(b ) ihe contrac!or w,11 , 1n all solio tati cns or advertisements for emcloyees pl aced by or on behalf of th e con tracer. state ~n at an cuahfi ea acphcants .v ul
receive .:ons1deration for emp oyment without regard to race. creed . color. na ti onal ong1n . sex . m antal status . reh;1cn . ancestry, m e nta l or :n·.s1ca l
hand iC3P . or age.
(C) The contrac:or will send to eaci, lace r un ion er representative of worl<ers wnn wnicn he has a colle c~v e bargaining a;reem err er oner contrac: .:r
unC erstand1n9. :iouce 10 be ;:,rov1C::eo ~Y tn e contracnng officer. aav,smg th e lacer union or 'NO rk ers ' representa uve of :.ri e contraC!Or'S ccmmnment unce r
th e =.xecut1ve Creer. E::uat O oportunity ana Atfirmau ve Action. dateo Apnl 16 . 1975, and of tn e rul es . regula tions . ana relevant Oroe rs of :ne Gvverncr
(a) Th e ccntrac:or ana laoor unions w,11 fumisn all in formation and repcrts reauireo :,y ~xecuuve OrCer . Eoual Opoonun1ty anc Afflrma :J,J e ~c:1cn c f .),p nl
16, 1975, ana by rne ru les. regu1auon s and Oroers of tne Governor. or :,ursuant tn ereto. ana Ni ll permit access to 1s ::iooKs. reccrcs . ana acc:1..r ts :,y
the contracting agency and U"le office of tne G0vemor or hi s oes1gnee for i;:u rp oses of 1nvest1gaticn 10 ascertain compha r.c e w1tn sucn ru les . regu la !l ons
and oroers .
(e) A labor organizauon will not excluce any mdiviaual otherwise qualified from tull memcersh1p ngnts m sucn 1abor orgamzauo n , or ex ;:et an y sucn
indivi dual from membership 1n such lacer organ1zaoon or aiscim1nate against any of ,ts members .n tile full en1oyrrcent of wen< ccportun1t'f . beca use cf race .
creeo . color. sex . national origin . or ancestry .
(f) A labor organ iza tion . or :tie employees or members :nereof w,11 not aod . ace t 1ncte. compel or coerce !Ile ao1ng of any aC! oefi ned in tll1s contrac: :o oe cis-
cnm,natory or oostruct er prevent any person from complying wdh the prov,s,ons of tn1s contract or any order rssued :n ereunoer. or attemot either airec:Jy or
indirec:ly. IC commit any aCl aefined 1n tt,,s ccntrael to be aiscnmonatoly .
Form 5-,>.C-02 6
Re v,sea 1 /93
395-53.01-1022
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(g ) In th e event of u,e contractor's non~mpliance 'Mth the non.odiscnm,nation dauses of tt'\is contract or w1tn any 1ucn rules . regu~bons. or orcers . ~n,s
contract may ce cancetec . temuna1eo or suscer:ded in wtiole er 1n part and tne concrac-.or may be aec!ared 1nellc;1ble for turther State connc:s 1n ac:crcance
w,111 proceoures . au11ionzed in i:J<ecuove Oraer. :aual Opl)CrtUnoty and Alflrmaove Ac::icn of Acnl 16. 1975 . or oy rules . ragu laoons or orcers arcmu~areo
1n accordance tnerewtU'\. ana suC'I other sanoons as may be imposed anc remeaies as may oe 1nvoketj as orov,oea ,n :Jl,ecuove Order, Ei:ua1 Oco ortu nir1
and Affirmaove AC!lon of Agni 16. 1975 . or oy rules. ragulaoons or orcers promuigatea ,n aa:orcance llierewtlli . or as otnerw,se ~rovoded Oy law .
(hi The C~nirac:orw,U induC:e !lie crov isions of pa,agragns (a) lllrougn (hJ in every su!H:cntnic: and subccniracrcr :urcnase order unless exemprea by ru les .
revu1adons . er :raers ,ssued pursuanl 10 Execuove Order. Equal Oppanun,ty and Afflrmauve AC::on of Acnl 16. 1975. so Illa! sue:, prcv1S10ns ... 11 oe o,nc ,ng
uPOn eacn succcnirac:cr or ·,ender. The conirac:cr 'Mil lake sud'I action w,111 resoec: :c any suo-<:enirac:ing or ;,urcnase order as :ne ccnirae!Jng a;eec1
may oirec:. as a means of enforc:ng sud'I prcv1S10ns . 1ndutling sanc:ions for non-<:emoliance: p,ovoded . ncwever. :llat in !lie avent !tie conirac:cr oeccmes
invoivea ,n . er is ltlreatenea w,111, liligadon. wolli Ille subcontrac:cr or-,clor as a ....it of sue:, dnCllon by !tie c::ll1lrllc:ing agency. !tie contnic:crmay rec:ues:
!lie State of C.;lorado to enter into sue.~ litigation :o protect tne ,n_t cl tile State of~.
COLORADO LABOR ?REFERENCE
6a. FlroviSJons of CRS S-17-101 & 102 tor preference of Colorac:o lacer ant ac,plicabte to ints coniract if public works w,it,,n the State are unce<'.a ~on
hereunGer and ant financeCI ,n whole or in ~art by State tunes .
b. When a ccns1n.1c:ion connc: for a pub lic project is :c be awaroed to a :>odder . a resident bldCer snail be allowed a preference against a non-<esicent o,ace r
tnlrn as-or foretgn country eQUai to ltle preterer.ce ....,en orrec:wrea by !tie srate or !cre,gn country ,n ,..i,,c:, !tie ncn-<es1den1 ~odder is a resident. If it ,s cetorm,nec
by tne officer responSIOle ror awaiding !tie bid inat compliance 'Mtn in,s suosec:ion .06 may cause cen,al of reaeral funds 'Nn ,cn would ollierw,se ae ava,lac le
or--.ia olllenMse oe ,nc:or.s,s1ent 'Mlli r911u,rements of F-1-. :IIIS sutlMCIICn snail ce suscenaea . Oul only :c <1,e ex1enr necessary <o crevent cenia 1 cf ;re
moneys or ro e;,m,nate tne ,ncons,sier,cy w,111 Feaeral rec:uuements (CRS 8-l i-101 and 102).
GENERAL
7. The laws cf :ne State of C.,ioraoo and rules and reguta11ons ,ssullCI ~rsuant tl'lere!O snail be app li ea in tne interpre1a11 cn . exeC'Jllon . anc ~nfcrcemert
~ tt'l&I contract AAy provlSIOn of tn,s contract whetner o, no1 1ncorcoratee nerein ey reference 'Nn1c:, pro'J1C:es fer art::1tratton oy an y extra iuc1ca1 :iccy ::r :erscn
or 1M"11C:, 11 Ott'let'WlU in ccnflic: watt'I saed laws. n.ues. anc: rwQU latJOns snaU oe CQI\SK2ered null and vo,d. Noth ing ccntaineCI in any crov1s1cn 1nc::rccr3tc!a r ere ,n
::,y rafarenc:e wnw:n crur:,o,u to negate trt,s or any ottter soeoal ~rovt5'0n 1n •#f'lo1e er 1n oart shall oe valid or enforceable or avall acte in any ac:cn at •aw . ._.rie!ne r
c,y way ct c:,motaant aetense. or oo,erwrse. Arly ;)r'OVlSIOn reno.red nu11 ana vctO ~Y the ooeraaon of ~tus ;:nov,s1on 'Nt li not inva li oa te :ne ~ema 1ncer :r :n 1s
conna :a !tie extent tllat !lie conirac: ,s caoao 1e of uecution .
S. At all nmes c:unnc;i :he performance of 1t11s c:innc:. :he Conirac:or sna il stnc:!y adhere to all aco li cao le receral an a sta te laws . N ies ana r~c1aucns :ca,
!lave bNn or may nerufler oe estac il sned .
9 °'ursuant :o C~S 2&.30·202..& (as amenaeti l. 'l'te state ::nrrcuer rr.ay •.vttt'lhold C!ebts cwe-o to state a;enc:es under :he veneer offset nterce:::: s 5:e,...
tcY. (a) unoa1c c,,10 succon cect er cr111a sucoort arrearac;es : (b) un::,alQ ~aiance of tax . ac:ruea :nterest. er otn er c:i art;es scec,fieo in )..tt1c:e ::. -.u e l9. :~s .
(C:) .moalG toans 'lue to :ne sn.icent loan 01 v1s1on of :ne deoartment of nu;ner education : (a ) O'-"ec amo un ts :-ec~ireo :o ':Je ,a1a to ~ne \Jrerr :,oyr-e"t
comoensaoon tun e : and (e } otner unca1C aects o-n; to :ne state or an y at;ency tnereof. :.ne amo unt of .vn,c:, 1s founo :o :ie cw,n g as a res 1..1t :r · l"'a l ac;e ... c-,
oerem,,nancn or rllCluceCI :o 1uagemen1 as cernfiea oy !lie c:ntreller .
10 . The si;naicnes aver tnat :hey ant fam lli ar 'Mlli CRS 18-8-30 1, et. sec: .. (Bnber/ and Corrug1 ln~u ences ) ana CRS 19.a ... 01 . eL se<: .. ,>.t cse cf"·-= ,c ·""
Office ). ana :nat no -,o1a 11on of sue.-, crov,sions ,s ?ntsent. c,J
11 . ihe s,;natones aver that to their knowledge. no state employee has any personal or ~enefic:a l ,nterest 'Nhatsoever in :t,e se rvice ;;:r :rccer1
oesc:,be<l nen,,n :
IN WITNESS Wt,EREOF. the pa ~es hereto have executed 111,s Contrac: on 1he day fi rst above 'N nlten.
Conirac:cr.
CITY OF E'.'JGLEWOOD
(Full L~al Name )
Thomas J. Burns
Pcs,ti on (TiU e ) __ Ma __ y_o_r ______________ _
g ... 6Q005S3
(If C.)(!)orabcn :)
Alles! (Seal)
By ---------------------
Loucr ishia A. Ellis, Cicy Clerk
FIRE -APPRO VED FOR'.1,1 CONTRACT REVIEWER
By
Ev3n '.l,let~lf
Falm &-'C -02C
-7197
STATE OF COLORA CO
BILL OWE~S. GOVER~OR
By _____________________ _
For the E.<E•::irve c ,~e c7c R. Bob Brooks
OE?AR nlENT
OF ______ _.L~o~c~'~'~·~~i~fl~,~~~---------
APPRO VALS
STATE CONTROLLER
Arthur Barnhart
By _________________ _
Rose Mane Auten
--~1.1 0:!0 Pave .L wi,;c;i, is lhe lat of_]_ Flages
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EXHIBIT A
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SCOPE OF SERVICES AND PAYMENT SCHEDULE
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EDC #-137
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EXHIBIT A
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Colorado Economic Development Commission
SCOPE OF SERVICES
1 . Project Description and Requirements
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The Project consists of providing the Contractor with matching funds for the promotion of economic
development in the Arapahoe County Enterprise Zone area. These funds shall be used for the
purposes of promotional activities that will market and advertise the advantages of locating a business
in the contractor's enterprise zone area. create a positive identity for the enterprise zone area .
encourage retention and expansion of existing businesses, promote redevelopment, expand the
region's tounsm industry, attract new businesses . and generally enhance the econom ic growth of the
enterprise zone area . Such activities shall include the preparation. production . and/or distribution of
market research, pnnted materials, direct mail campaigns . print med ia advertis in g , trace show
promotions. special events. direct business prospect visitation . and other closely related activ ities . No
more than 25 percent of these funds may be used to pay for contractor's adm ini strative or staff costs .
Contractor may allocate funds to one or more subcontractors involved in promotion and economic
development activities in the enterprise zone . Contractor shall be responsible for ensu rin g and
documenting the expenditure of the required local matching funds by Contractor or by its
subcontractors .
The contribution from 'he Economic Development Fund under thi s Contract sha ll not exceed th e
amount of local matching funds expended on this proJect or SEVEN Tt-'OUSAND FIV E HUN DRED
dollars (S7 500\, whichever is less . All project costs in excess of this amount w,11 be the responsibi lity
of the Contractor. Contractor shall match E.D .C . funcs used on this project w ith at leas t a dollar-for-
dollar cash match from local sources . Local expend itures on enterpr ise zone marl<.et ing pro1ects
incurred prior to !he effective date of this pro1ect but subsequent to July 1 . 1999 . may be countec
toward the matching funds requirement, provided that such expend itures have not :ieen used to meet
other state contractual matching fund requirements .
2. Time of Performance
The Project shall commence upon execution of this Contract. The Contract will exp ire on June 30 .
2001 , except that the Contract may be extended a max,mum of 12 months subject to th e mutual
agreement of the State and the Contractor. A request for extens ion by th e Contrac:or shall be
submitted to the State at least 30 days prior to !he exp irat ion of the Contrac t w it h a full Just ification for
the extension request.
EDC # 437 -Exhibit A
Page 1 of 2 Pages
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3. Budget
REVENUE
E.D .C . Funds $7,500
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EXPENDITURES
Market Research, Publieations. Advertising ,
Special Events. and Direct Marketing for the
Arapahoe County Enterprise Zone Program
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Local Funds 7 ,500 Zone Administration 3,7 50
TOTAL: $15,000 TOTAL: $15,000
4 . Payment Schedule
I. $6,500 Initial payment to be paid upon request by the contractor following the execution of
this contract.
II. 1,000 Final payment to be made upon satisfactory completion of the Project. The
Contractor will submit a final financial and narrative report documenting the
expenditure of all E.D .C . funds for which payment has been requested and of
matching local funds .
$7 ,500 TOTAL
Requests for payment will be initiated by the Contractor in accordance with the provisions of
Paragraph 6 of the main body of this contract.
s. Monitoring
The Department of Local Affairs will monitor this Project on an as-needed basis .
6. Reporting Schedule
The Contractor will submit an interim financial and narrative report properly documenting all
expenditures of E .D .C . funds at the time interim payments are requested . The Contractor will submit a
final financial status report property documenting all expenditures of E.D .C . funds at the ti me the final
payment is requested. in accordance with the payment schedule .
EDC I 437 -Exhibit A
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STATE OF COLORADO
EXECUTIVE CHAMBERS
1 l& Stale CJp11o l
Denver. Colorado 80203-1 i 9!
Phone <JOJ J 866-!•n
September 30, 1999
Jim Kenyon, Chairman
Colorado Economic Development Commission
1625 Broadway, #1 iOO
Denver, CO S0202
RE: 1999-2000 Enterprise Zone Marketing Grants
Dear Jim :
In accordance with CRS 24-46-105 , I have authority to re vi ew and appro ve
recommendations by the Colorado Economic Development Commis sion for
expenditures from the Economic Development Fund . I have re vi ewed the ente=l)rise
zone marketing and administration grant projects as specified on the anached list and
hereby approve the expenditure of up to a total of S300 ,000 from the Colorado
Economic Development Fund for these projects.
Governor
Attachment
8111 o .... er\
Gove r~o,
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Colorado Economic Development Commission
1999-2000 Enterprise Zone Marketing Grants
Detail of Funding Recommendations
#436 Adams County Economic Development, Inc.
#437 City of Englewood (Arapahoe County EZ)
#438 Denver Urban Economic Development Corp .
#439 East Central Council of Local Governments
#440 El Paso County
#441 Greeley/Weld Economic Development Action Partnership , Inc.
#442 South Central Council of Governments
#443 Jefferson Economic Council, Inc .
#444 Larimer County
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#445 Western Colorado Business Development Corp . (Mesa County EZ )
#446 Northeast Colorado Association of Local Governments
#44 7 Associated Governments of Northwest Colorado
#448 Pueblo County
#449 Region 10 League for Economic Assistance & Planning
#450 Upper Arkansas Area COG (San Luis/Upper Arkansas EZ)
#451 Southeast Colorado Enterprise Development, Inc.
#452 Region 9 Economic Development District of Southwest Colorado
#453 Enterprise Zone Trade Show Marketing (East Central COG)
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$10,500
7,500
10 ,500
22 ,0 00
7 ,500
10.500
22 ,000
7 ,500
7 ,500
22 ,0 00
22 .000
22 ,000
10 ,500
22 .000
22 .000
22 .000
22 ,000
30 ,000
$300 ,000
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BY AUTHORITY
ORDINANCE NO._
SERIES OF 2000
COUNCIL BILL NO . 66
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A GRANT OF PROPERTY
FROM TOM G. KING .
WHEREAS. Tom G. King has agreed to sell the property described on the attached
Warranty Deed to the City of Englewood, Colorado; and
WHEREAS, the purpose of this sale is to provide the City with a multi-use
hike/bike/channel maintenance path known as the Big Dry Creek; and
WHEREAS, this property will also help to conserve the creek riparian habitat and
enhance the flood channel; and
WHEREAS, the property will be purchased for the City by the South Suburban
Parks Foundation;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
$ectjon 1. The City acknowledges and agrees that the South Suburban Parks
Foundation shall pay the purchase price of ten thousand five hundred dollars for the
Big Dry Creek Trail.
Sectjon 2. The Warranty Deed for a piece of property containing approximately
14 ,628 square feet , located on South Santa Fe Circle , Englewood , Colorado, from Tom
G. King to the City of Englewood, attached hereto as "Exhibit A," is hereby accepted
and approved by the Englewood City Council.
Introduced, read in full, and passed on first reading on the 7th day of August,
2000 .
Published as a Bill for an Ordinance on the 11th day of August, 2000.
Read by title and passed on final reading on the 21 st day of August, 2000.
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Published by title as Ordinance No . ~ Series of 2000, on the 25th day of
August, 2000.
A'M'EST:
Thomas J . Burns, Mayor
Loucrishia A. Ellis, City Clerk
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I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading
and published by title as Ordinance No . ~ Series of 2000.
Loucrishia A. Ellis
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1'BIS DEED. made this ""-iJ day of C-7-2000. between TOM G. KING. GRANrOR AND
TiiE CrIY OF ENGLEWOOD . COLORADO . a Home Rule City e..'C1st!ng under and by vtrtue
of the laws of the State of Colorado. grantee: whose legal address is 1000 Englewood
Parkway. Englewood. Colorado 80110.
wrnu:ssETR. That the granter. for and in consideration of the sum of ten thousand
five hundred dollars ($10.500.00). the receipt and sufficiency of which is hereby
acknowledged. has granted. bargained. sold and conveyed. and by these presents does
grant. bargain. sell. and convey unto the grantee. Its successors and assigns forever. all
the ru.l property together With improvements. if any . situate. lying and bemg in the
City of Englewood County of Arapahoe and State of Colorado. descrtbed as follows:
A parcel of land being a part of Lot 3 and 4. Englewood Commercial Industrial
Center located in Section 9. Township 5 South. Range 68 W as shown on attached
"Exhibit A".est of the Sixth Pnncipal '.Vlel'idian . Arapahoe County. State of
Colorado . being more particularly described as follows :
NOTE : For the purpose of this desciipt1on the bearings are based on the westerly
line of said Lot 4 . bearing North 00•04·00· East.
Beginning at the Southwest Comer of said Lot 4 :
Thence North 00•04·00· East. 165.95 feet. along the westerly line of said Lot 4:
Thence South 43•35·1 5· East 148.21 feet:
Thence South 45•44·3r East. 108. 71 feet. to the southerly line of said Lot 3:
Thence North 85 '01'15" West. 42.80 feet. along the southerly line of said Lot 3 to
the Southwest Comer of said Lot 3 . also being the Southeast Comer of said Lot 4 :
Thence North 85'00"00" West. 139.48 feet. along the southerly line of said Lot 4
to the POINT OF BEGINNING.
Containing 0.3358 ac:es . or l-+628 square feet. more or less.
TOGl:TBE1l. With all and singular the hereditaments and appurtenances thereunto
belonging. or in anywtse appertaining. and the reversions . remainders. rents. Issues
and profits thereof: and all the estate. light. title interest. claim and demand
whatsoeVer of the grantor. either in law or equity. of. In and to the above bargained and
sold premises. With the hereditaments and appurtenances .
TO RAVE AND TO HOLD the said premises above bargainetl and described. With the
appurtenances. unto the grantee. its successors and assigns forever. And the grantor for
itself. its successors and assigns . does covenant. grant. bargain and agree to and With
the grantee. its successors and assigns . that at the time oi the ensealing and dellvery of
these presents. It is well seized of the premises above conveyed. has good. sure. perfect.
absolute and lndefe3.Sible estate of inherttance. in law. in fee simple. and has good
right. full power and lawful autholity to grant. bargain. sell and convey the same in
manner and form aforesaid. and that the same are free and clear from all former and
other grants. bargains. sales. Uens. taxes. assessments. encumbrances and restrictions
of whatever kind or nature whatsoever .
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The grantor shall and will WARRANl' AND FOREVER DEFEND the above bargained
prem1ses In the quiet and peaceable possesstcm of the grantee. its successon and
usign.s. agamst all and ,:very person or persons lawfully cl.aim1ng or to claim the whole
or any part thereof.
Jllf WiiNW WHl:Ml>OI'. 'Ibe a,antor baa cauaed his name to be hereunto subecr1bed
the day and year first above wntten.
1'
srAm OF COLORADO. l
lss.
Count'/ of Arapahoe l
;f~
The foregoing instrument was aclmowledged before me this ;i,_f_ day of 7'w4i . 2000. by Tom G . King.
Witness my band and official seal.
My commtssion expires:
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DESCRIPTION
A pscei of !anc oe,ng a pan of Lot 3 and 4, Enc;Jewocd C.Jmmer:ial lnduStrial Center
locatad in Section 9. Towrisn,p 5 South. Range 58 West cf :he Sixth Principal Meridian .
Arapat,oe County . State cf Colorado . being mere parti~any described as follows:
NOTE: Far tr.e purpose :f this description the t:earings are :ased on the westerly line of
said Lot 4, ~ng Nortti oo~,·~ Eat
llegi n lir.; at 1'1e Soutt,west Comer ~ saic: Lot ~:
Thlnce Nor.I', OO-c4'00" East. 165 .35 feet. along :t,e ·Nest9f'1y !ine of iaid Lot~:
n.,,ca SouU'I 4J~· ~ 5" East. 148.2'T feet
Ther.ce South .as• J.4'37" Eut. 108 . 71 feet. ~o '.he sc1..tl":er1y line cf saic: Let 3:
Thenca Norn as-on 5" West 42. 30 feet. a1cr.g the scutt:eny 'ine cf said Let 3 to :tie
Soutt,west Comer cf said Lot 3. also ceing 1':e Southeast Comer cf saic: Lot~:
Tlw.c:I Ncnrl f!S"OO'OC" West 139. 48 feet, along j':e scutr.eriy line of said Lot ~ to the
POINT OF BEGINNING.
~ning 0.3358 acres .~ 14628 square •t. mere ~r '.ess.
I r,.-,y cr.ify ':hat the accve legal desc:-:ption was ;:rei:,ared ur.der my direct super.,isicn .
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EXHIBIT
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i'A.11t!il. ,:CLOlfADO $01]4 (]OJ) .fAt·!dl
~,:~~:N:.~l-ii~·~c:\;~\.~E ~=F/·--CWNC:R: TOMM Y KI NG
iN7E,~l C~·:' J NL · 70 :E==1C7 71""~
~r .4(~E: ~£ ;,:?1~TIGN '10:, ;.~.,j:· '! ,j ~-,. ;"'"'· 'ilJlrt .. ~!."'
~~tH(~ :-:t..':14C O !tr:.1 ::OJ) J,II• •.1 16
sc~TH SUBURBAN PARK FOUNDAT ION
TOMM Y KI NG PARCEL
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ORDINANCE NO .
SERIES OF 2000
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BY AUTHORITY
COUNCIL BILL NO . 67
INTRODUCED BY CO N IL
MEMBER GARRETT
AN ORDINANCE AUTHORIZING A SECOND Ai\'1.ENDMENT TO AN AGREEMEKT
FOR ENGLEWOOD CJTYCENTER BETWEEN THE CITY OF ENGLEWOOD AND
RTD.
WHEREAS, the original intergovernmental agreement to cooperate in the
development of the transit Lmprovements with the Commercial Redevelopment Proj ect
was signed by both p artie on January 6 , 1997; and
WHEREAS , the m te r gove rnmental agreement wa s a me nded on July 19 , 1999. t o
provide, in part, fo r a dd1 t LO nal parking spaces and funding therefore ; and
WHEREAS , RTD r qw r es that the parking location h a ve a fence to be constructed
by the City betw ee n the pa rking area and the BNSF Railroad right-of-way ; and
WHEREAS , RTD will pay the cos t of basic galvanized fencing and the City will pay
for any upgrading to vinyl co ated fencmg ;
NOW , THEREFORE , BE IT ORDAi 1ED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO , AS FOLLOWS :
Sectjon 1. Th e " eco nd Amendment To Agreem ent" be twee n the City of Engl e woo d
and RTD , attached he re t o as "Exhibit A," 1s hereby a cce pted and approved by the
Englewood City Council.
Sectjon 2. The May or is authorized to sign the "Seco nd Amendment To Agreement"
for and on behalf of the City of Englewood , Colorado.
Introduced , read in full, and passed on first reading on the 7th day of Augu s t ,
2000 .
Published as a Bill for an Ordinance on the ll'h day of August, 2000 .
Read by title a nd pas sed on final reading on the 2 1s t day of August, 2000 .
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Published by title as Ordinance No. _, Series of 2000, on the 25th day of
August, 2000.
Thomas J . Burns, Mayor
ATIEST:
Loucrishia A. Ellis , City Cl erk
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I , Loucrishia A. E lli s , Cit y Clerk of the City of En gle wood , Colorado, hereby ce rtify
that the above and for egoing is a true co py of the Ord m a nce passed on final r e ading
and publis hed by title as Ordinance No. _, Series of 2000 .
Loucrishia A. Ellis
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SECOND :\:VIENDMENT TO :\GREEMENT
FOR ENGLEWOOD CITYCENTER
This Second Amendment dated this date of . 2000 amends the
Agreement dated January 6. 1997 between the Regional Transportation District (RTD )
and the City of Englewood. (the City) for participation by RTD in the redevelopment of
the Englewood CityCenter and for conveyance of a transit easement to RTD therein.
This Second Amendment to the above-referenced Agreement is to provide for the
installation of vinyl fencing as an upgrade from galvanized metal chain-link fencing on
the border of the Englewood CityCenter that separates the north parking lot from the
adjacent property and along the boundary of the Englewood CityCenter and the
Burlington Northern Sata Fe Railroad right-of-way.
I. Section Two of the Agreement is amended by addition of the following:
G) Installation of vinyl coated chain-link fencing as an upgrade from galvanized
metal chain-link fencing along the border of the BNSF right of way and on the north
border between the north parking lot and the adjacent property all as shov,n on Exhibit .-\
attached . RTD will pay to the City the cost of installation of standard six foot galvanized
chain link fence which will be installed by the City contractor along the B~SF right -of-
way , 650 linear feet at S 12.50 per foot for a total of SS 125.00 . Prior to perfo rmanc e of
this work by the City contractor the contractor will provide RTD a copy of a right-of-
entry permit from the BNSF Railroad authorizing the contractor to enter the right-of-way .
The City will be solely responsible for the difference in cost between the galYanized and
vinyl coated chain-link fencing along the BNSF right-of-way . The City shall be sol e ly
responsible for installing vinyl-.:oated fencing along the north boundary of the
Englewood CityCenter parking lot and the adjacent property sho"'n on Exhibit A .
2. Section Three of the .-\greement is amended by additi on o f the fullowing :
The RTD will pay the City the cost of galvanized metal chain link fencing installation
along the BNSF right-of-way in the area shown on Exhibit A at a cost of $8125 .00. The
City will invoice RTD for this amount. The C ity will pay the difference in cost from
galvanized chain link fence and vinyl coated fence and will provide copies of acrual
contractor invoices showing the cost of installation . The City will be solely responsible
for installation of fencing along the north parking lot between the Englewood CityCenter
and the adjacent property . The City affirms that has sufficient funds budgeted and
appropriated in the year 2000 to complete and pay for all of the foregoing.
Wherefore, the parties have made this Amendment effective the date first written
above .
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REGIONAL TRANSPORTATION DISTRICT
By :---------
Clarmce W. Marsella
General Manager
APPROVED AS TO LEGAL FROM FOR THE
REGIONAL TRANSPORTATION DISTRICT
By :--------
Marla L. Lien
Associate Counsel
CITY OF ENGLEWOOD
By:--------
Thomas J. Bums
Mayor
ATTEST :
Loucrishia A. Ellis, City Clerk
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BY AUTHORITY
ORDINANCE NO._
SERIES OF 2000
COUN CIL BILL NO . 69
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AUTHORIZING A TEMPORARY CONSTRUCTION EASEMENT
BETWEEN SOUTH SUBURBAN PARK & RECREATION DISTRICT AND THE CITY
OF ENGLEWOOD , COLORADO PERTAINING TO THE BIG DRY CREEK TRAIL .
WHEREAS, the City has accepted grants of right-of-way and easements to provide
land for the construction of an extension of the Big Dry Creek Trail; and
WHEREAS, South Suburban Park and Recreation District will be constructing the
Trail facilities from Windermere to the intersection of the Creek with the South Platte
River at no cost to the City ; and
WHEREAS, this construction easement will allow the South Suburban Park and
Recreation District access to the City's property and easements to construct the Trail
facilities ;
NOW, THEREFORE . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD . COLORADO. AS FOLLOWS:
Section l. The City Council of the City of Englewood , Colorado hereby authorizes
the "Temporary Construction Easement" for the Big Dry Creek Trail between South
Suburban Park and Recreation District. attached hereto as "Exhibit A".
Sectjon 2. The Parks and Recreation Director is hereby authorized to sign on
behalf of the City of Englewood.
Introduced, read in full , and passed on first reading on the 7'"' day of August,
2000 .
Published as a Bill for an Ordinance on the 11th day of August, 2000 .
Read by title and passed on final reading on the 21st day of August, 2000 .
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Published by title as Ordinance No . _, Series of 2000 , on the 25th day of
August, 2000.
Thomas J . Burns, Mayor
A'ITEST:
Loucrishia A. Ellis , City Clerk
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I , Loucrishia A. Elli s , City Clerk of the City of Engle wood , Colorado, hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading
and published by title as Ordinance No . _, Series of 2000 .
Loucrishia A. Ellis
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TEMPORARY CONSTRUCTION E ;\SEMENI
THIS AGREEMENT is made by and between the CITY OF ENGLEWOOD.
COLORADO, (hereinafter referred to aa "the City"), Grantor and SOUTH SUBURBAN
PARK AND RECREATION DISTRICT.-----------------
-Colorado 80 __ .
WHEREAS, the City and South Suburban Park and Recreation District wish to enter into
a cooperative arrangement to allow for the construction and maintenance of the Big Dry
Creek Trail located along Big Dry Creek from Windermere Street to the intersection of the
Creek with the South Platte River.
WHEREAS, to bring about this Trail. the City has accepted grants of property so the City
now owns a Right-of-Way or easement along the majority of the Trail where it lies in
Englewood.
WHEREAS, South Suburban Park and Recreation District will be constructing the Trail
facilities from Windermere to the intersection of the Creek with the South Platte at no cost
to the City and for this consideration. the Gran tor will allow the use of the following
described property for co.nstruct1on of s8ld Trail facility .
WHEREAS. the Temporary Co nstruction Easement s hall be for the real property located
in the County of Arapahoe. State of Colorado more particularly described as:
Tract 1:
North Parcel:
The South 50' of Lot 1. Block 1.
Randall's Subdivision Filing No . 2.
City of Englewood, Arapahoe County Colorado
Containing 25,800 square feet more or less
South Parcel:
The North 50' of Lot 1, Block l ,
Randall's Subdivision Filing No. 1. Amendment No . 1,
City of Englewood. Arapahoe County Colorado
Containing 26,400 square feet more or less .
Said property contains 52 ,200 square feet more or less and is located within
Arapahoe County Enterpnse Zone .
Tract 2 :
A parcel of land being a part of Lot 3 and 4 . Englewood Commercial lndusUial
Center located in Section 9. Township 5 South. Range 68 W, West of the Sixth
Principal Meridian, Arapahoe County. State of Colorado. being more
particularly described as follows :
NOTE: For the purpose of this descrtpt!on the beartngs are based on the westerly
line of said Lot 4 . bearing North 00°04'00" East .
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Beginning at the Southwest Comer of said Lot 4 :
Thence North 00°04'00" East. 165.95 feet, along the westerly Une of said Lot 4 :
Thence South 43°36'15" East 148.21 feet
Thence South 46°44'3T East. 108. 71 feet, to the southerly Une of said Lot 3:
Thence North 85°01 · 15· West, 42.80 feet. along the southerly Une of said Lot 3 to
the Southwest Comer of said Lot 3. also being the Southeast Comer of said Lot 4:
Thence North 85°00·00· West. 139.48 feet. along the southerly Une of said Lot 4
to the POINT OF BEGINNING.
Containing 0.3358 acres. or 14628 square feet. more or less.
Tract3:
The Big Dry Creek Trail System Easement as shown on the Englewood
Commercial Industrial Center Plat flied in Arapahoe County Colorado at
Reception 92-378 57 Book 105 Page 24 on Apnl 17. 1992
NOW, THEREFORE. it is agreed between the City and South Suburban Park and
Recreation District as follows :
The City hereby grants to South Suburban Park and Recreation Distnct and its
representative contractor a temporary construction easement upon the property
described above solely for the construction of a trail facility as described in the
construction drawings for the Big Dry Creek Trail Improvements made for South
Suburban Park and Recreation District dated July 2000, proiect 82-065.064, and
for the regrading the surrounding area.
This agreement shall terminate upon completion and approval by the South Suburban
Park and Recreation District. or, by mutual agreement. at an earlier date
IN WIT~ESS WHEREOF, the parties hereto have set t heir hands and seals as of the
__ day of • 2000.
CITY OF ENGLEWOOD. COLORADO
By :----------------
Jerrell Black. Parks and Recreation Director
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SOUTH SUBURBAN PARK & RECREATION DISTRICT
By: _____________ _
STATE OF COLORADO
COUNTY OF ARAPAHOE
88.
SUBSCRIBED AND SWORN to before me by ________ of
South Suburban Parlr. and Recreation District thia __ day of ______ _
~2000.
Notary Public
My commission expires:
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COUNCIL COMMUNICATION
Date August 21 , 2000 Agenda Item
INmATED BY Community Development.
PREVIOUS COUNCIL ACTION
Subfect Art Wall at
Wal·Mart Contract
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STAFF SOURCE
Planning Analyst
Lauri Dannemiller,
At the June 26, 2000 Englewood City Council meeting , council gave direction to proceed with
the Art Wall at Wal-Mart's selection committee 's recommendation of Todd Siler's artwork
entitled "Celebrate the Wonder of Humanity ... And the Beauty of Civil)ty.~.? , J.1 J ... !{ ef)
RECOMMENDEDACTION JL~~ . ~~(}/"q,\\i ·
Staff requests that Council approve by resolution, the contract with Mr . Todd Siler (artist) for
completion of the Art Wall at Wal-Mart in the amount of $100,000.
BACKGROUND
The selection committee for this project rece ived 38 entries from throughout Colorado with the
goal of selecting a piece of public art for the 45' x 16' display wall, erected as a visual screen to
the Wal-Mart loading dock at CityCenter Englewood. City Council and Wal-Mart have given
direction to proceed with contracting with the committee's recommendation of Todd Siler.
Under the terms of this contract the artist will create a piece of work , which does not differ
substantially from the photo-mosaic proposal delivered to the City on June 30, 2000 . (See
attached). All work will be completed at the artist expense and will be installed and completed
within 7 months of the contract date, or in early March 2001 .
Community Development staff will work closely with the artist, other City departments and Wal-
Mart representatives to ensure the project progresses in accordance with the terms of the
contract .
FINANCIAL IMPACT
In a cooperative agreement, Wal-Mart and the C ity have committed $50,000 each which will
cover all costs associated with completion of the Art Wall at Wal-Mart. Payment to the artist will
be distributed in three equal amounts of $33,333 . The first payment will be made within 30
days of contract approval. Second payment will be made at delivery of piece to the CityCenter
Wal-Mart site and the third payment will be made upon completion of the project and its
acceptance by the City to satisfy all claims, etc. Wal-Mart has agreed to distribute, upon
invoicing, three equal payment installments coinciding with payments to the artist.
ATIACHMENTS
Artist Proposal
Contract
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CONTRACT
THIS CONTRACT ia made and eutaed into thia Hi:. day of ,tv...,,a 2000, by and
between the CITY OF ENGLEWOOD, a Homa Rwe City emtinc 1Ulder and by virtue ol the
law• of the State of Calarado. WbcN lepl addnaa ia 1000 Eag:lawood Parkway, Englewood,
Colorado 80110, hereinafter Nfanecl to u the •euy-and TES Putuenb.ip, L.LP., wboee
lepl addnaa ia 6566 S. Kant.on. Suite 304, Englawood, Colorado 80111, hereinafter
refernd w u the • Artiat-Coatract.cr.•
WHEllEAS, the Artiai-Contract.or hu 11\lbmitt.ed hia pfOlloul to the City June 30, 2000,
for the c:nacioll. and cona~on af one piece oC Art W:lll hereafter referred to aa "Art wan•
which ia planneci to be placed at the Wal-Mart Building, located at the CityCenter,
Ens!awood. Colorado.
WHEREAS. tbe City hu elec:teci to accept th8 propoul of Todd Siler. u propoHd and
pruented to tbe City in the attached propoaal aubmitted June 30 , 2000, i.Dcluding written
t.ext and craphic display.
WHEREAS, tbe City and the Artiat-Contractar mutllally deaire to enter into um Contract
to purchue the An Work known u the "Art Wall". The Arwit•Contractor TES Partnerahip,
L.L.P. pannteu that Todd Siler will be the artiat who create• the "Art-Wall".
NOW, THEREFORE, fer tho c:omideration herein espreued, it is hereby agreed upon by
and becween the Cicy and the Aniat•Contraetor u follows :
1 . The .Anla'"Comr-ahall create the "An Wall" u above dNc:nbed wb.M:h ahall not
cli5tr ~Y in toxiun or da,q:i and all other detaila from the aubmiued
propoaal u preaenr.ed by Todd Siler to the City o£ Englewood June 30, 2000. (See
"Ezhibit A".)
2. The • Art Wall" ah.all be created and consuucted by Todd Siler at the .A.rtiat·
Conincter'1 aoio ex;,eme .
3. Tbe • Art Wall" llhall be complat.ed .md delivered to the City at the :1ite deairnated as
the Wal -Mart Art W:ill DOt law than Much 10 , 2001. m substantial compliance with
thi.a Contract and the 111ecmcationa and propOSAI pre-ented r.o the City , unleu
otherwiae apnd t0 iA wnliDc between the partios.
A. The Arti.st-Contr:sc:tor ithall install the -~ Wall in ita deaicnat.ed location. The
Artilt-Contractor will provide recommeudatio1111 for the maintana!ll:e af tbe Ari
Wall .
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AUG-11-2000 FR I 09 :07 AM COE COMM UNITY DEV FAX NO . 303 7836895
4 . Sub;.c:i to Paragraph 7 berea£. the City hereby agnea to pay to the Aruat-Coatractor
one hllDdnd thousand dollar8 ($100,000) !Ir all work contamplated by the terma of
ibis Conuaci u follows : the City ahall pay to the Artlac-Cozatraetor tbe initial
pa,ment of cme-third (1/3) of the Contract amowat within thirty (30) day• of the
uac:ution of thia Contract, aad alwl make the -nd payment of ODe•tbird (1/3) al the
Contract amounc ac delivery of piece to lice of inacallatinn. aad the 6nal one-tbird (1/3)
of the Contract amount upon completion of the project aad its aa:epcance hy the City,
Mid ,wn to be uaed to satisfy any and all lesitimace claima of any workmen.
aubc:ontrac:ton and material ma which may have N:iulted from my facet of the
~ readered by the An:i&t-Concncr.or under the terma of thia Coutract.
5. The Artiat-Conuac:tor ahall ac all t.imN promptly make paymenta of all amounta
lawfully due to ail persons supplyinc or funiiahing it or ita subc:onr:ractora with labor or
materials YNd or performed in the proNCUtion of the work provided in thia Contract.
and agreea that it will iiuiemmfy and Nft harmless the City, and ita officers, apnta
and employees to the extent o£ aay paymenca in co=ection with the carryin~ out of any
auch contnc:t1 which the City may be required to mak e under law .
6. P~ and full lie.a waivers lhall be provided to the City by the .>\rtiirt-Contractor with
reprd to paymenta mado to all i1ubconr:ractora, worcen. and materi.almen used by
A.rtiai.Contnctor.
7 . Tba Artiac-Contrac-.or expre88ly agreea to be liable for all coats, riw and eii:penHa
iDl:uned by the Artist•Coatraccor to comply with tb.e ter::is of thia Contract and uo part
of the coaia thereof shall be charged to the City .
8 . Tba Artist-Conuactor ia, f'or all purposes of thia Contract, An independent Armc-
Coatractor and ::icthmc hen!in oonta.ined sball const:: t~te or deaicnata the .\rti5t·
Coutrac:tor or any of its subcontractors, employe.!a, a;enta. or owrwiae aa ,1mployee1
or apncs of the City.
9 . The Azciac.-CouCTactcr and the City agree that tlua i& a ccntrac:t for expert IAdlvuiual
anacic service• and t.iac this Contract ia not uaig:::.able by the A:tiat-Contractor.
10 . Upoza commencement o£ the performance by the Artist-Contraetar on the Art Wall. all
righta, title and intereit in the Art Wall shall expre,i,;ly vest in the City. The City of
Englewood ahall bo the sole owner of the Art Wall and the Artiat-Contractor b.erei:,y
expraaely waives any and all rightll, title, and intere~t in the Art Wall ; provided,
however, that:
A. The parties acknowledge that the value and proper maintenai:ic:e of a work of
art, unlike th.at o£ any ordinary property, wul Aife..-t the future value o£ other
worka of art created by Todd Siler.
B. Thenfore, the City aaree• that it will aot iutec.tianally deatroy, !au to maintam.
damqe or otherwille alter the Art Wall in any way wbacaoever after ita
completion. wi th.cut the approval of the Arti.,n-Con~r. provided however, that
any approval by the Artiat-Contractor shall cot be unrea&onably withheld. Tiua
shall not preclude: the complete removal o£ the Ar: Wall or any part thereof by
the City at the City's sole diac:Ntion.
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AUG-ll-2000 FR I 09 :07 AM COE COMMUNITY DE V FAX NO. 303 7836895
C. The City fun.her acre-that, m the ~ of damap to the Art Wall, the City
will 111W all reaaozwila tdfcna to Contnct tbe Artlat-Conin.ctcr prior to the
C011U1Utnatm1nt of uay iepair or rNtancion work.
D. The Artiat•Contracr.or wane. richc.a to cantrol and all fmaaci.al advantap from
pbarocraphinc or odaerwiM dilplQma the Art Wall and the City Acreea to &in
cndit to tbe Artiai wlwD tha Ciiy ill rnaonably able to do ao includiug any
plaqu., pre11 rei.-ar broch-.
11. Tba Artillt-CoACnc:tCr hereby upnuly warranta that the work to be done by him.
pursuant to dWI Coninu:t. llw1 be done in a pod and worluun•like manner and
COllm'UCted with m.atariala aa apec:iJied by th. Anilt•Contractor in his propoeal to ttw
City and that the Art Wall th&ll be fw1y warranted upan campleuon 8Dd acceptance
by tbe ~-ood .Pana and Bec:nacion I>inctor •• repreNJltat.ive of the City"•
C\lltwal Arta Commieioa uid tha Eq)ewaod Public Work's Director. or their
deaiCDaea for a period oftwelva (U) mamba, c:ommeni:iDg upon the completion and
imtallation oft.he Art Wall.
12. The Artiat-Contractor shall tab all reuoaable action llllCIIUlll'Y to proteet persons and
property from ilrjury or Jou. throu,boui the creation coASUUCtion. and installation. the
Artiai-CODl:Z'&C"..or ahall hold cha City, ita otacers. apnta and employees, wmleu from
and apina all c:laima , damaJMia . li.abili&y, de.maps , suits, acaon.a or c:aUH1 of action,
ofu.y lriml or nawn which may be broupt or uaerted q~t the City, ita officen.
apnca and employH&, ariaiq from the ..ua.i-Coacractor's or it& subcontractor's failure
to perform in c:ampliaACe henwuh.
13. Tbe Artiat•Co1u;racior ab.all~ all permita and liatnsu and pay all required
c:barpe 8Dd 61n at his eolo -,.-.
14. Severability. To the ext&At that um ConlnCt may bo executed and perlgrmance of the
obhpCiom al tbe parti11 may be accompliahed within the Ultent o£ the Con'1'1lc:t. terms
al dWI Contract ue aevvable, 8Dd should any term or proviaion henof be dec:lared
iDY&lid or become iaoperati¥e for any reuon. aw:h invalidity or failure sh4ll l10t dect
the validity al any othar term or proviaion hereoC. Thi! waiver of any breach of a term
hereof ehall 110t be coastrued u waiver of any other term.
15. Terminaucm. tf the Artlat-Comnc-.or fail& to perform any of hia duties wider th.a
Contract or if the compler.d work of art fail& to meet the il)ec:ification u .ihown in the
Anist-Contractor'a propOBiil, cha Ci ty may, w ithout prejudice to any right or remedy
and aftor pvinc the Aruat·Contn&<.'tOI' 1even (7) days' written notice, terminate chi&
Contract with the Artist-Coniractor 3Dd may finish the Art Wall project by whatever
method cha City m;ay daem aitpedien" 111 such cue thot Artist-Contractor ihall not be
entitled to receive any further paym8J1t IUlW and unlese the work 11 fin.iab.itd .
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FAX NO. 3037836895
If tbe City dac:idaa to finiah the project and if the unpaid balance o£ tbe Contract. sum
uceeda tbe -ia o£ filliahinc die Art Wall ptOjec:t, cben such e:mt1111 shall be paid to the
Aniat-Concractor. Il such costa excaed the wapaid balance, the ktiat-Contnctor shall pay
the~ to the City.
TES Putnenhip, L.L.P.
STATE OF COLORADO
~Co\lDty of Colorado
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'!'be ContoiAg illatrum.ent was *-i.dged befon -thia 1-fi" day of Ll · "'S,,.a; 2000, by Todd Siler, partner, TES Partnership, L.L.P.
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My Commiuioo up~"'\ J.'.1 ~-c L
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~Witnal8 lily band and~ aeal.
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Notary Pl&blic J
CITY OF ENGLEWOOD
BY------~-----~ Tbomu J. Bum1, .Mayor
ATTEST:
Loucriabia A. !Ilia, City Clerk
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AUG-11 -2 000 FR ! 09:08 AM COE COMM UNITY DE V FAX NO . 303 783 6895
CONCE?T
Proposal for rnE ART WAL!. AT WAL-MART
Celebrate The Wonder of Humanity ...
... And Th• Beauty of Civility
a ntYerie in many dimensions and rulities
by Todd Siler
P. 06
lm~ine a mosaic: of humanity -one re1!eong 01.r :-we mcmer:tS of ·Msccm anc ::mi:assicn :
one c:inveying cur sense of beauty and :rum ; one ~x;:ressing our profcunc apprec::aticn of :lie
best of human potential. That'i ·Nnat I asc1re tc :.·eau1 : A symcclic art 'Neri< :hat pret.res :ne
elusive bea1..ty and qualities of ·!)ein; iiuman. • Imagine $eeing what makes our :iuman1ty as
lf;ec:af as it is. Uniom.nately, all :ii1s ::eauty ,s !'!1ccen from view ~y :he !'lcmflc :n1ngs 'Ne de
wnen we !ose sigiit of 01..r deeper ccnnec:::cn :c uc~ etner as human caings.
No sing!• image . or were . or exi:ntss1ve statement. er symt:oi. or sign can pou1t:1y sm::cdy tt:e
marvelous qualities of our !iumanity. Anc sc . I've c:csen a muitituc:e :f evcC3tNe im~es ttlat
celebrate :nese inso1nng moments -rem1nc:ing us :c :e ;oco :c curseives. anc to Jock a1'ter one
another: as inaivicuals. as families . as :::mma..n mes. as ·one· ;:eccl• r.:ntted in cur human1r1 ane
un,t&CI :t'/rcugtl our snared understancing of ~vii s.:c:ety .
Spec:ac:-.1lar ;:,~es ;f :imeless ~,tures. e:"e3tl'.1 1r1 . laar.iing. ·real° ccmmun1caricn . insp1rec
Qllabcraticn, ac:s of caring, kindness ar:c: ;er:er:sit-1 , gicncus dac::s of :reeccm , ocen·
mindedness. cwicsity and tt,e ;:iioneenng si;1nt ~t nnovation will ail c:::m;:cse this ~ee-form
photomcsaic. Ncne of :he piiotcgracns -and :icre cf tr.a handwntten nctancns :eann; my
inner mougnts -will moralize. prcseiytz9 or ~c litc::ze . Ramer. eac:, amot:cnally-nc!, image will
pose an o;:en~nded answer to our ·ever-susi:enoea· eternal ::iuest1cns accut our !iuman,cy :
basically , they'll n ,ghligh.t Who we are. What we are. and Why we are ... fluman beings .
This ;:oetic. metal)horicaJ. mixac-mecia work of ar.: will weave a w1ce -ar:ge of ;:ienoeeives in
visualiZin; tt'le creative potanttal of ;:ec;:le living :oge!tler :n a streng civil scc:ety l'o li ke to
inspire me public ta always reach far this reaiit'J ct Mender and beauty . J'o li ke ta mo?Nate
people to ccnsicer !tle possibilities of this realirJ ano now it benefits everyone . As one of my
energeac hancwntten notations reads. sc::awleo ac:oss :he extended arm of a pe~on holding
an ·enligntaned" glatle in her hancs: c'ler1 tluman /leing l!as something unique to ccntnbute
,o ttle world ttlrough creativit-1. That's what this creaacn promises :o t:e : An invitaccn ta
reffed on our humanity and sense of civility . A ;:,anca to aream :f ~ur individual c:inttibution
ID our cailedve l'l.lture .
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AUG-11-2000 Frt l 09:Qg AM COE COMMU NITY DEV
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FAX NO. 303 7836 895 P. 07
Toad Siler "Caebrara The 'NcnlW of Humanity ... And The Bauty of C.'vllity' pase2
APPROXIMA Te BUCGET
The ac::ual c:rulian af this artWortr will !aka place in ltlnNt stages:
(1) Craaling and QCt1IINding the overlapping. layered. paintad and silksc:wen ph~
~ ~ enanw-paintad. ~ wil be~ balC8d on tnin~e
Slael. Nola: ,,,_ piec:N in ltlis ~ art war1c wiR be the !Im tQ be =mi=letad in aavance
at auambdng and mounting !ham an The Wall •
................................................................................................................... S2S.COO
(2) Th• steel ne SU\ldUnt. wl'lich will be moumad and W9K1ed onto ih• WaU. will held ttle
imag..-J that wiU be welded tc it aa well as tt,e .....nfcrced c::nc::ete in The 'Na~ .
................................................................................................................... $15,000
(3) Integrating ttle pnotcps:ns and "statament~c:i.res· (q1,1ctaticns) ir.tc tr.a whole mosaic.
as •.veil as my patented mixed-meciia taxtile i:i,inting process wnid'I •Nill ::e ai:iplied to the steel.
These elements will t:e used to pl'Tysically and c::n~y ·.veave icgettiar tt.e •Nl'lole ·.von<
................................................................................................................... S1Q,OOO
(4) lnstaila?icn ccats ........................................................................................ s,a .o oo
(5) Arcst's F• ............................................................................................... Sol0 .000
Totai: sico .c oo
PRO.;ECTED TtMEWNE
I estimate tt,,s projec:: will take a total of MVen montl'ls, from c=ntrac: ,Q installation .
Ta ~at• tne tayetad and avenaoOin; lfl'9c: ct :lis macacl mecia in .vcnc. 1 pian :c tJSe tar;e-SClle me
Jet ;:ncte;ra?ns paintad and ?:lalceC on '#111'1 enamet acptied :a ine vancus iysies :f 'ignt~;e '1HI.
These :nctcgrapnic: ..,,.,ts ·.viii be ·.weided on ta a n,caan siael taai~. This $tNC:Ul9 will :ie
mcuntaa ana ·.veaed ante The 'Nall. wnld'I will ccnsiat of ,...,,farced ccnc:'9Ut. TIie maamalS ·N1ij :e
envircnmenQlly duraille. and will malce use of some new tect1nclegies and cUlic:ing mamnals from :lie
maeriais scenc:n. e,,e,y sa1aty pX"eCaUlion 'oViil be raMn ta ensure rJ,at :lie pucuc ~oesn ·t c:imO on tr11s
anwcrk. Mwe I may rouew ltle lead of M.-c Cha;all's ~ mcsaic: sclllPIW'9 :n c:i1c:aga . •#flac., ;,eacae
halle net ::imbad ~n at Nilled in a,ny ~.
RE.=:.=tENCES
Rcnaid Feldman
Rcnaid Feldman Fine Arts Inc:.
31 Mercar Street
New Ycr1<, New Yori< 10013
K.nnect'I Snelson
1~ SUiiivan She!
New Yaric, New Yor1< 10012
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Todd Siler
UST OF COLOR suoes
1. 1:1:al ·, at~·
milad rMdla ernb 111Md in p1111Cigtna
3ft. ll 51.
1912
2. .,,. .,., Tl,ealar al ....-knllgar('
nlilrild rMdla on synNlie ca,vas and mounl8d wal paiilluga and~·
lniCaldcxl viaw al ff'l't IGIG ut'ibillali. ~,_.nblies" al
Ronald Feldman Fine Att:s Inc.. NN Yor1l City
12ft z 1QOfl X 7ft.
1983. 1980
3. "CilC:Mrin9 tr,e Brain-UniverSe Ccnnadcn"
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mixad media on synlhaliC canvaa al'ld wall conslNdCn ll'IGllalian view af my scla ut,icition, ~ aou,,ca,iaa" a Rcnald Feldfflan Fine Arts.
Haw Yarle City
1987
4 . CecailS af ir,siallaUan via'# of my multi-part paintings ;n
"Savage BcundaffllS. • Ronald Felclfflan Fin• Ms. mixed media ;iainlln9S an symhfte c:anvu: ~ .,.., in sin: from 9ft. z 1 ~ft. x 6ft.
(far !aft) IC 4ft. X 5ft. ( center)
1981
5. ~rc:as af .Am'aCUCM Aarac:ing Forces of R~n•
mixed media an synthetic canvas witn mounllld ?hCIOWI-af a,, Indian ~.
"Ravana Shaking Mt Kailasa" (tram my F~ l'ellaw8tlip wane in enore. India. , 985)
....,ang Sil. 1 12ft.; mcuntad pt,otc;a~h 3%' z 26"
1917
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A G-1·-~ 00 FR 09:0 9 AM CO E CO MM UNITY DEV FHX NO. 30 3783 689 5
Tedd Siler "C4'eeraca The 'Nena. at Humanity ... And The SuulV at C:vilit(
"S7ATeMENT-PICTUReS" (QUOTATIONS) FOR Tl-iEARTWAU.
W1adam begins with wander.
-Socrates
You must be the change you wiM fD Me in rite world.
-Mahatma Gandhi
Nothing in life is fD be fNred. It ;. only ta be understood.
-Marie Curie
Knawl9dg9 of what is pouible ia rite beginning of happin9S$.
-c;.crge Santayana
W• have Art rltat we may not~ from Truth.
-Nietzsche
a.fore there 'llfllS race, there w... human beings.
-Omette Coleman
Man shapes himaelf rltraugh decisions that shape hia environment.
-Rene Ducos
Trur rite Ntfh 'llfe/L It was not given fD you by your parents.
It ia lent to you by your children.
-Kctnyan prcverc
What an extraordinary situation is that of us monals/ Each of us is here for
a brief sojoum; for wnar purpaae he knows nor, though he somet/mu
thinb he feels it Bur from th• poim of view of daily Ille, without going
dNp•r, w• ui~ for our fellow-men -In th• first place far those on whoa•
smiles and welfare all our happinu:i depends, and nut for Ill the unknown
to us p•nanal/y with whoa• datlnies we ant bound up by th• de of
sympathy. A hundred times eve,y day I remind myalf that my inner and
outer life depend on rite labours of other men, living and dead. and that
I must exert myself in order ta give in dte same measure • I have received
and am still receiving.
-Albert Einstein, The World As I See It
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A~tt:2000 FRI 09 :to Al1 COE COt1HUNITY DEV
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pages
TM OrNmTIN! A II' ,ek; d 11.alu tt Ill lllal,;l,t lhal .... lClian, a in doing,
lving. and baing. A T.-d Truilrnl .. -,. ID muc:h wilh ID Ille. The S-Cen1Urf
Gr..ic maa Ii c Supha IN arm 11111. ·A lhart saying aft wltail• much wisdom.·
Such ii tti1 ... T• afUII. wtidl .._ 1W mlll:Ull and caa111:ll!)I• betllwe•n
._ phi~ upt ·a and• .-m11cw. bll ,_, itw wartd af Sophodlll ancU,a wand of
Wal MIit. ,_....,, ttil TrN d Hlanaily tt,awe 1he fruits of aur experiences and
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Date
August 21, 2000
INITIATED BY
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COUNCIL COMMUNICATION
Agenda Item
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Brown & Caldwell Capacity
Assessment/Facilities Planning
Contract
Littleton/Englewood Supervisory Committee Stewart Fonda. Utilities Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
RECOMMENDED ACTION
We recommend approval by motion a contract for fac iltties assessment and planning with Brown & Caldwell in the
amount of $95,700 .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Littleton/Englewood WWTP serves the southern Denver Metro area, including 25 sanitation districts. as well
as each city. The entire area has experienced and continues to experience population growth that exceeds the
previous growth estimates used for planning purposes. The growth in population has resulted in an increase in
the volume of sewage received at the UE WWTP and addttional treatment capacity will probably be required to
meet the increased demand for treatment.
Colorado regulations require the beginning of design of addttional treatment capacity when the volume of sewage
received at a wastewater treatment plant is greater than 80% of the plant's treatment capacity. The UE WWTP
has a design capacity of 36.3 million gallons per day (mgd) and has received 31.8 mgd.or 87% of its capacity .
Planning and design is needed to comply wtth state regulation and to continue to provide wastewater treatment for
the service area. Construction of new facilities will be required as growth continues .
Proposals were requested from six consulting firms to develop population projections, treatment requirements and
facilities needed to meet those requirements. Three firms (Brown & Caldwell , Carollo Engineers and Camp,
Dresser and McKee) submitted proposals and each firm was interviewed. Based on the interviews. Brown &
Caldwell was selected as the recommended consultant.
FINANCIAL IMPACT
The contract amount will be spin 50/50 with the City of Littleton as a capital expense. The work will span two years
and funds are included in the 2000 budget for a portion of the project, with the remaining amount included in the
2001 budget request.
LIST OF ATTACHMENTS
Brown & Caldwell Agreement for Capacity Assessment/Faciltties Planning
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AGREEMENT FOR
ENGINEERING SER\i1CES
BETIVEEN BROWN AND CALDWELL A.t'-H)
CITY OF ENGLEWOOD
FOR
CAPACITY ASSESSMENT/FACILITIES PLA.'-11'.TJNG
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THIS AGREEMENT is made and entered into effective as of the day of 2000,
by and between the City of Englewood, hereinafter referred to as "Client ," and Brown and Caldwell , a
California corporatiort hereinafter referred to as "Consultant."
WHEREAS, Client is authorized to and desires to retain Consultant to perfonn a Capacity
Assessment/Facilities Planning for the Littleton/Englewoo d Wastewater Treatment Plant (LIE
WWTP);
WHEREAS, the Cities of Littleton and Englewood (CITIES) own the LIE WWTP;
WHEREAS, Consultant has available and offers to provide personnel necessary to perfonn the desired
services under this Agreement;
NOW, THEREFORE, the parties hereto mutually agree that the work specifically to be provided
by this AGREEMENT is to provide services associated with the Capacity Assessment/Facilities
Planning for the Littleton/Englewood WWTP as defined in the following SCOPE OF SERVICES .
L SCOPE OF SERVICES
The detailed scope of services to be provided by this AGREEMENT are described in Exhibit A
titled "Scope of Services".
ll. IN ADDITION, THE ENGINEER AGREES
A . To provide the various technical and professional services, equipment , material and
transportation to perform the tasks as outlined in SCOPE OF SER VICES .
B . T o attend meetings with the CLIENT and other state and iocal agencies as
necessitated by the SCOPE OF SERVICES .
C . To make available during regular office hours at its Denver office. all reports ,
calculations, sketches, and drawings the CLIENT may wish to examine periodically
during performance of this AGREEMENT.
D . To comply with all Federal , State; and Local laws , ordinances, and regulations
applicable to the work, including Title VT of the Civil Rights Act of 1964 , and the
Agreement
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pro v1s1o ns stipulated in Exhibit B titled "Revise d No nd iscrimination and Equal
Empl oymen t Opp o nuni ty Statement for Contracts and Agreements.··
E . To accept compensation for the services herein described in such amounts and at such
periods as hereinafter provided and that such compensat ion shall be satisfactory and
sufficient payment for all work performed , equipment or mate ri al s u sed and serv ic es
rendered in connection with the SCOPE OF SERVICES .
F . To commence work on the project within ten (10) days following receipt of Notice to
Proceed and to complete all work described in Exhibit A within 120 days , thereafter .
The ENGINEER shall not be liable or held responsible for delay s occasioned by the
actions or inactions of the CLIENT or other agencies o r for unav oidable delays
beyond the control of the ENGINEER .
G . To save and hold harmless the CLIENT against all suits , claims, damages and losse s
for injuries to persons or property to the extent arising from or caused by negligent
errors, omissions or acts of ENGINEER, its agents, servants and employees , or
subcontractors, occurring in the performance of its services under this contract .
H . Covenants and represents to be responsible for the professional and technical
accuracy 's and the coordination of all designs, drawings, specifications , plans , and/or
other work or material prepared and furnished by the ENGINEER under this
AGREEMENT . ENGINEER further agrees, covenants and represents, that all
designs, drawings, specifications, plans, and other work or material furnished by
ENGINEER, its agents, employees and subcontractors, under this agreement ,
including any additions, alterations or amendments thereof, shall be free from negligent
errors or omissions .
I. To procure and maintain such insurance as will protect the ENGINEER from damages
resulting from negligent errors, omissions, and acts of the ENGINEER, its agents,
officers , employees and subcontractors in the performance of the professional services
rendered under this AGREEMENT and for which it is legall y liable . Such policy of
insurance shall be in an amount not less than $2,000,000 above a self-insured retention
of $500,000 . In addition , a Workers ' Compensatio n and Emp loy er's Liabilit y P olic y
shall be procured and maintained . This policy shall include an "all state" endorsement .
Said insurance policy shall also cover claims for inj u ry , d iseas e or death of emplo yee s
arising out oi and in the course of their employment which. fo r an y reason , may not
fall within the provisions of the Worker 's Compensation law The liabilit y limit shall
be not be less than :
-Workers ' Compensation -Statutory
-Employer's Liability -$500 ,000 each occurrence
Further, a comprehensive general liability policy shall be procured and maintained by
the ENGINEER to insure the ENGINEER and the CLIEL',1T against all claims arising
from injuries to persons (other than ENGINEER's employees) or damage to propeny
Agreement
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of the CUENT or others arising out of an y ne gl ig ent act o r omission of EN GINEER,
its agent s, officers, employees or subcontractors in the performance of EN GINEER
services under this AGREEiv1ENT. The liabil ity limit shall not be less than $5 00,000
per occurrence for bodily injury , death and property damag e. Satisfactory Certifi cates
of Insurance shall be fil e d with the CLIENT prior to the time E GINEER starts any
work under this AGREEi'v!E NT. The EN GINEER shall furn is h the CLIE NT cop ie s of
all insurance policies or certificates of insurance that relate to the insurance pol icies
that must be maintained thereunder.
K. To designate a Project Manager for the coordination of the work that this
AGREEi'v!ENT requires to be performed . Any change in Project Manager shall be
approved in writing by the CLIENT. Failure to obtain approval , for w hate ver reason ,
shall be cause for termination of this contract .
L . To perform work at the lo cal office. At least 90 percent of the contract wo rk and a
minimum 80 percent of each discipline shall be performed locally . Engineer shall
notify if performance drops below these percentages with a plan to correct . Written
approval from the CLIENT to remain below these percentages must be obtained by
the ENGINEER. Failure to maintain lo cal performance shall be cause for contract
termination.
M . To notify the CLIENT of any change to the contract or contract cost, and obtain
written approval from the CLIENT before proceeding with the work . An y work
performed by the ENGINEER w ithout written approval shall be at the sole risk of the
ENGINEER.
III. THE CLIENT AGREES
A . To furnish the EN GINEER for his use all prior available data developed relat iv e to th e
proposed facilit y including applications, rep orts, design calculations, drawi ngs,
descriptions of existing fac il it ies, and pertinent correspondence with State and Federa l
agenc ies .
B . T o provi de rig ht o f entry fo r EN GINEER's pe rsonnel in pe rfo rmin g field operat ions,
in s pe ct io ns and me asurement s
C. T o perfo rm and fur ni sh all testing required by plant personnel and fu rnish all dat a
develo ped fro m t he testing .
D . To re vi ew all prel iminary submittals from the ENGINEER and to t ransmi t any
suggested revisio ns , modi fi cations or changes to be made.
E . T o pay the EN GINEER for his services in accordance with the requirements of this
AGREEi'v!EN T .
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IV. PAYMENT PROVlSIONS
A For the se rvic es descri bed in Exhi bit A "Scope of Services" under t hi s Agreeme nt ,
Brown and Cald weU shall be co mp ensated a lump sum of S95 , 700 .
If at any t ime E NGThrEER be lie ves the cost sh a ll be gre ater than th e a mount listed
above , as a result of a change in the intended scope of servi ces , E~GTh!EER shall
notify the CLIENT in writing . The notification shall state the re vise d cost est imate ,
the revised time for completion , and the reason for the re vision s.
CLIENT shall not be obligated to reimburse EN GThrEER for costs incurred in excess
of that listed above, unless CLIENT agrees , in writing, to do so . E N GThl:ER shall
not be obligated to continue performance under this AGREElvlE N T for out of sco pe
services , or otherwise incur costs in excess of the original amount for these serv ice s,
unless and until the CLIENT notifies ENGINEER that the approved cost has be en
increased .
C . During the progress of work covered by the AGREElvlENT , partial payments ma y be
made to the ENGINEER at intervals of approximately one calendar month .
D . When requested by the CLIENT, the ENGINEER will enter into a Supplemental
Agreement for additional services related to the PROJECT such as , but not limited to ·
I . Consultant or witness for the CLIENT in any litigation, administrative hearing , or
other legal proceedings related to the PROJECT.
2 . Additional design services not covered by the scope of this AGREEMENT .
3 . A major change in the scope of services for the PROJECT. If additional work
should be necessary , the ENGINEER will be given written notice by the CLIENT
along with a request for an estimate . No additional work shall be performed nor
shall add itional compensation be paid except on the basis of a Supplementa l
Agreement dul y ent ered into by the part ies .
V. THE PARTIES HERETO .MUTUALLY AGREE
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A. That the ri ght is reserved to the CLIENT to terminate this AGREEMENT at an y time ,
upon written notice, in the event the project is to be a bandoned or indefinite ly
postponed , or because of the ENGINEER's inability to proceed w ith the work, or
because the services of the ENGINEER are unsatisfactory, PROVIDED, howe ver ,
that in any case the ENGINEER shall be paid the reasonable value of the services
rendered up to the time of termination on the basis of the provisions of this
AGREEMENT, but in no case shall payment be more than the E N GINEER's actual
costs plus a reasonable profit.
Agreement
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B. That reproducible o riginals and digital computer files for the final engineering plans
and other pertinent drawings, project calculations, and documents pertaining to the
project shall become the property of the CLIENT upon completion or termination of
the ENGINEER's services in accordance with this AGREEl'vIENT. ENGINEER shall
be allowed to retain copies of all PROJECT related files and documents CLIENT is
cautioned that the accuracy of electronic computer files and CADD documents ma y be
compromised by electronic media degradation , errors in format translation . file
corruption, printing errors, operator inexperience and file modification . ENGINEER
will maintain the original copy which shall serve as the official archived record of the
electronic and CADD documents . CLIENT agrees to hold harmless EN GINEER
from any claims arising out of or relat ing to any unauthorized change or alteration of
electronic copies and CADD documents.
C . That the services to be performed by the ENGINEER under the terms of this
AGREEMENT are personal and cannot be assigned , sublet, or transferred without
specific consent of the CLIENT.
D . In the event of unavoidable delays in the progress of the work contemplated by this
AGREEMENT, reasonable extensions in the time allotted for the work will be granted
by the CLIENT, provided however, that the ENGINEER shall request extensions in
writing giving the reasons therefore .
E . It is further agreed that this AGREEMENT and all contracts entered into under the
provisions of this AGREEMENT shall be binding upon the parties hereto and their
successors and assigns .
F . If additional work should be necessary by virtue of a major change in the SCOPE OF
SER VICES , the E GINEER will be given written notice by the CLIENT along with a
request for an estimate of ENGTNEER's fee for performance of such additions ; but no
additional work shall be performed nor shall additional compensation be paid except
on the basis of a Supplemental Agreement duly entered into by the parties.
G . Neither the CLIENT'S review, approval or acceptance of, nor payment for , any of the
work or services required to be performed by the ENGINEER under this
AGREEMENT shall be construed to operate as a waiver of any right under this
AGREEl'vIENT or any cause of action arising out of the performance of this
AGREEMENT.
H . It is specifically agreed between the parties executing this contract, that it is not
intended by any of the provisions of any pan of this contract to cre:ite the pub lic or
any member thereof as a third party beneficiary hereunder, or to authorize anyone not
a pany to this contract to maintain a suit for damages pursuant to the terms or
provisions of this contract.
Agreement
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IN W1TNESS WHEREOF , the CLIENT and the ENGINEER have executed this AGREEMENT
as of the date first written above .
BROWN AND CALDWELL , INC.
Title ___ __,Vi'-l'1c~ewPw.r..,es,,,id..,e,,..nt.__ ___ _
Date. __ l,,_-~(p:_-..:::0..:::()~-----
p:ldalalpn'Dlitlen11J 155\wk 8 ca-vacplan\asrfflncnl-eichibildoc
LITTLETON/ENGLEWOOD
WASTEWATER TREATMENT PLANT
By _____________ _
Name. ____________ _
Title. ____________ _
Date ____________ _
Agreement
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EXBWITA
SCOPE OF SERVICES
The Scope of Scr..-iccs to be performed by Brown and Cald\,ell under this agreement is :
Task 1.0 Capacity Assessment
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Task 1.1 Compile historical data. Prepare sprc:idsheets (o r adapt existing s prc:idsh eets ) to
facilitate modeling applied to various unit processes .
Task 1.2 Evaluate hydraulic capacity of plant. Evaluate existing data and apply Brown and
Caldwell's Profile program . If necessary, assist plant staff to conduct hydrauli c capacity
rne:isurements , including critical water level measurements at high flows . The plant staff may need
to verify actual pump capacities such as the RAS pumps. Trickling Filter pumps and other cnucai
pumps . Brown and Caldwell will provide guidance on the required procedures.
Task 1.3 Evaluate preliminary and primary treatment. Evaluate preliminary treatment
performance and primary clarifier capacity based on historical performance and recent DSS and
ESS tests for settleable and non-settleable solids.
Task 1.4 Model trickling filters. Follow up on the previous work already completed .
Complementary evaluations on Brown and Caldwell trickling filter models us ing different loading
conditions.
Task 1.5 Model Solids Contact Process. Follow up on the previous work already completed.
Brown and Caldwell will evaluate the process, taking into account redundancy and hydra ulic
capacity, with and without one TF off line . Based on historical data, calibrate Brown and Caldwell
SC Model. Predict performance under increased loads. in conjunction with the trickling filters , as
well as effects of bypass flows around the trickling filters . lf the historical data cannot be applied.
then a more accurate evaluation may require taking a trickling filter off line . This would entail
dail y alternating trickling filter operation, to keep the biofilm wet and active and then eval uat ing
the effects of increased bypass flows on oxygen uptake rates, D .O . concentrations. SVls and Vesilind
settling parameters.
Task 1.6 Evaluate secondary settling tanks. Evaluate hist orical data and recent stress testing of
the secondaries, including an evaluation of flocculated sus pended solids (FSS) and dispersed
suspended solids (DSS ). Apply Brown and Caldwell solids flux model. using historical settling
characteristics (SVI) with current calibration with sett ling column tests to determine Vesilind
settling parameters.
Task l.i Model NTFs. Based on results of mas s ba lance model , verify Brown a nd Caldwell 's
nitrifying trickling filter model to predict performance under future loads .
Task 1.8 Evaluate ,ludge handling unit processes. This task will include an eval ua11 o n of the
anaerobic digesters. DAF thickeners, and centrifuges . Historical data will be used as a basis to
predict performance under increased loads.
Task 1.9 Disinfection. Evaluate capacity with ·expected future limits .
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Task 1.10 Prepare mass balance model of plant. Brown and Caldwell will prepa re a mass
balance spreadsheet, simulating the Littleton-Englewood plant.
Task 1.11 Final report. Prepare final report delineating findings of the modeling, testing and
evaluation efforts .
Task 2.0 Facility Planning
Task 2.1 Population, Flow, and Loading Projections. Historic population, flow , and organic loading
data will be evaluated to assess recent trends and to define relationships between these three factors . To
evaluate population trends, input will be solicited from DRCOG. Linleton City Planners, and Englewood
City Planners, particularly with regard to the degree and timing of future gro\\'th . Projections for
population. flow , and organic loading will be developed to reflect the range of possible growth scenarios .
The project team will work closely with LIE staff to select the growth scenario to be used for final
planning projections.
Task 2.2 Water Quality Objcctins. Water quality objectives will be developed for near-and far-tenn
conditions. Several ongoing developments will be factored into the analysis, including the ongoing COPS
permit renewal, Segment 14 nitrate TMDL, possible Basic Standards Revisions . potential impacts from
new EPA ammonia criteria. and mixing zone changes. Given that water quality standards in the South
Platte River continue to evolve. a range of possible objectives will be defined for the far-term condition .
More definitive objectives will be identified for the near-term condition, including allowable
concentrations and durations.
Task 2..J Planning Workshop. The objective of the workshop is to discuss and evaluate our recent
findings for population, flow and loadings projections along with water quality objectives. Possible
population growth scenarios will be evaluated and a course of action will be developed to refine these
planning criteria. We will also review the range of possible water quality objectives with
Littleton/Englewood staff and select a "most probable~ scenario for near-term conditions and a range of
possible outcomes for far-term conditions.
Task 2.4 Technical Mcmoraodum. The results of the facility planning task will be summarized in a
teclutlcal memorandum . The memorandum will present the planning criteria (population.. flow and
loading projections; water quality objectives), and will also document data and information relied upon.,
key assumptions. the decision-making process , preliminary recommendation of needed facilities for near-
term requirements, and order of magnitude estimate, including denitrification .
Task 3.0 Progress Updates
Task 3.1 Supen·isory Committee Meetings . The project manage r and pnncipal-in-charge will attend
two Supervisory Meetings to report on progress and issues concerning the study. Upon conclusion of the
project, a summary of project results will be presented.
Task 3.2 City Council Presentations. Project results will be presented to eJch City Council.
p:ldata\gcn\O litlcng\3 155 \u.sk 8 ca-vacpl,.,,"1 grccmcnt-<xhibi1.doc A-2
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Date
August 21, 2000
INmATEDBY
UE WWTP Staff
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COUNCIL COMMUNICATION
Agenda Item
10ciii
Subject: UE WWTP
Ammonia analyzer purchase
STAFF SOURCE
Stu Fonda, Utilities Director
Greg Farmer, Process Control Specialist
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved the capital purchase of an on-line ammonia analyzer in the 2000 budget
RECOMMENDED ACTION
The action recommended is to approve by motion the purchase of one ISCO/STIP on-line
ammonia analyzer from Ted D . Miller Associates , Inc . in the amount of $25,235 .00
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Ammonia is an effluent parameter required to be monitored at the UE WWTP . This parameter
has discharge permit limitations that vary from month to month . Currently, samples are
collected and analyzed on a daily basis for permit compliance purposes . The ISCO/STIP
analyzer will be used to monitor the ammonia concentration in the UE WWTP effluent on a
continuous basis for process analysis and control decisions . It will not replace the samples
currently collected for permit compliance purposes. The information collected with this sampler
will allow for a more timely operating response to changes in ammonia concentration .
Increased operational control and less variation in effluent ammonia concentration will also
?esult in improved and consistent disinfection treatment. ..
FINANCIAL IMPACT
The cost of this expenditure will be shared 50/50 by the Cities of Englewood and Littleton.
LIST OF ATTACHMENTS:
1. Recommendation for Instrument Purchase
2. Bid Proposal Tabulation
3. Technical Evaluation
4. Capital Outlay Request
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LITTLETON/ENGLEWOOD
WASTEWATER TREATMENT PLANT City of
Littleton
/-·
Cityof
Englewood
2900 S. Platte River Drive
Englewood, Colorado 801 10
(303) 762-2600
FAX 762-2620
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MEMOR..\NDUM
To:
From :
Date:
Dennis Stowe, Plant Manager
Greg Fam,er, Process Specialist
8/2/00
Subject: Technical Evaluation and Purchase Rec ommendation for On-line
Ammonia Analyzer
A request for bid was sent to nine vendors for an on-line ammonia analyzer. Four
vendors responded to the request. Submittals were re viewed and a technical evaluation
was completed . All four proposals are technically acceptable.
I recornniend purchase of the ISCO/STIP unit from Ted Miller and Associates for the bid
price of $25 ,235.00 . Although the WTW (Parrish Sales) unit is low bid for this
equipment, the following rational is for the ISCO recommendation, which is considered
more advantageous :
• Controller/analyzer units for WTW require placement in a climate-controlled
enclosure on the junction box . Climate control failure may result in failure of
the instrument, potentially impacting process control for permit compliance.
The ISCO controller is designed to be mounted and operate outdoors , in
ambient temperatures, without additional weather protection .
• Anal yze r units for WTW require a submersible pump and ancillary suppo rt to
transfer samples to the analyzer for analysis . The IS CO anal yzer o perates in
the proc ess stream and does not require samp les to be pumped to th e un it fo r
anal ysis.
• Re ag ent s and requ ired serviceable parts are estimated to be approx imatel y
$300/year lower for the ISCO unit. Capillary tubing for ana lyzer chemicals
and anal yzer pumps are not required for the ISCO unit.
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City of Englewood Bid Tabulation Sheet
Bid Opening Date: June 29, 200010:00 a.m.
Bid Item: On-Line Ammonia Analyzer
Vendor
AMMONIA
ANALYZER
TED MILLER ASSOCIATES, INC. $25,235 .00
ATTENTION: DEBBIE COKES
2525 SOUTH WADSWORTH BLVD. #300
LAKEWOOD, COLORADO 80227
WAL TRON LTD.
ATTENTION: KEVIN ROUPP
6314 SOUTH VAN GORDON WAY
LITTLETON, COLORADO 80127
APPLIED SPECTROMETRY ASSOCIATES, INC. $39,150.00
W226 N555G EASTMOUND DRIVE
WAUKESHA , WI 53186
BRAN+LUEBBE LTD. $42,054.00
ATTENTION: NANCY HARGRAVES
1025 BUSCH PARKWAY $47,751.00
BUFFALO GROVE, IL 60089-4516
ZELL WEGER ANAL YT/CS
100 PARK AVENUE
LEAGUE CITY, TX 77573
BID ITEM: ON-LINE AMMONIA ANALYZER
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Total
$25,235 .00
N/R
$39,150 .00
$42,054 .00
$47,751.00
N/R
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Exceptions :
Acknowledge Amendment #1
See Exceptions
No Exceptions Listed
Could Not Find Acknowledgement of Amendment #1
Quote #97-5-4126 -No Exceptions Listed
Acknowledge Amendment #1
Quote #97-5-4130 -No Exceptions Listed
Acknowledge Amendment #1
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AMMONIA.T A B.xis
PAGE TWO
VENDOR
PARRISH SALES
ATTENTION: JOHN PARRISH
10797 WEST 68TH PLACE
ARVADA,COLORADO 8004
HACH COMPANY
P.O.BOX389
LOVELAND, CO 80539-0389
HOLOIIETRIX, INC.
25 WIGGINS AVE.
BEDFORD, MA 01730
APPL/KON ANALYZERS
1701 N. PARK DR., 1120
KINGWOOD, TX 77339 •
• N/8 :NOBID
N/R = NO RESPONSE
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AMMONIA
ANALYZER
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$24 ,040.00
TOTAL
$24,040.00
N/R
N/R
N/R
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EXCEPTIONS
See Exceptions Listed
Acknowledge Amendment #1
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AMMONIA .T AB .xis
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On-Lin e A mm o ni a An a lyzer Tech n ica l Eva lu a t io n C h eckli~i
Spl'«.1fit:.1tw11
PotentiometrictU V
S ec tr ometric
Nitrate Analyzer
Ex andab le
O perator Time
Requireme nts fo r
Maintenance
• System can operate
from -20° to +45°
C
• Minimum detection
limit I m g/I or
lower
• Range 1-50 m g/I
. Self Calibrating,
fr eq uency
se lectable
. Ana lysis Interval
• 4-20mA o utput
si gna l . Data Logging,
Minimum 28 days
• System Status
Indication . System self-
diagnosis capab iliry
System high and
low set-point
alarms . Instrument
problems a larms . System
components and
sensors protected
by Nema 4X rype
stainless steel
enclosures
Bidder supplies stan-up
services
C he mSca n
S39.1 50
UV
Yes
2 hr/month
Up to 12 5° F
Additional
pro tection in
fiberglass shed
0.1
0.1 -25
No t stated
Selectable down
to e very 5
rrunutes
Yes
Most recent I 000
cvcles
Ye s
Continues
wfa larms
Yes
Ye s
Yes
Yes , I trip
lsco /Sti p
S25.235
System Definit io n
Potentiometric
Yes
I . 6 -4 hr/month
Syste m Mo n ito r ing
Yes
-25° to 45 °C
/ 0 .1
.I -50
No t stated
Se lectable down to
every 5 minu tes
Svste m C ontrol
Yes
10 days in RAM
90 da s w/diskette
Yes
Ye s
Yes
Yes
Yes
12 hours
WTW
S24.040
Potentiomerric
Yes
Not stated
Analyzer -0° to 35 °
C
Additional
protection in
fibe r lass shed
0.01 at 0 .1-10 mg/I
0.1 at 10-100 mg/I
0 .10-!0mg/l
10-!00mg/l
100-1000 mg /I
Yes
Se lectab le down to
; every 5 minutes
Yes
28 days
Yes
Yes
Yes
Yes
Nema 12 fiberglass
Yes
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Bran+Lue b be
$.H,751
LV
Yes
2 hrtmo nth
'i
AnJlyz~r -5-3 5° C _
Add111011Jl protec ti o n in :j
fi bergl ass shed ·.,
:~
<l.12 mg/I
I -50 mg /I
Yes
12 minutes
Yes
Yes
Yes
Yes
Yes
Yes
Not Stated
Yes
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Spl'l1fic.;HIOII
Bidder Supplies training
3-scts Serv ice manuals
Provided
Bidder mstalls system
6 months reagents
included
Estimated reagent
cost/consumption per
year
Analyzer enclosure
re uired/su lied
Is enclosure climate
controlled?
Automatic zero and
clean
Constraints
Warranty
Exceptions
Statement that bid
proposal in accordance
with s cifications
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ChemSc:rn
Y, day
Not stated
Yes, Assists
Yes
5 min= $80
10 min= $75
15 min= $70
Yes , fiberglass
Not stated
Yes
Max of 5 ' bead
on sam le um
I year from start·
u
NIA
Yes
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lscol Sti
4 hours
Yes
Yes
Yes
15 min =$1221
No
NIA
Yes
NIA
I year from
delivc
Service contract ,
over standard
warranty, covering
travel, labor, and
parts not included
Can return for full
refund for 90 da s
Yes
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WTW
Y cs, as specified
Not stated
Yes
Yes
15 min = $ l 500l year
Yes, fiberglass
Heated, ventilated
Yes
NIA
Not stated
Ncma 12 fiberglass
cnclos~ instead of
Ncma4XSS
.. ~·
Yes
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A
Bran+Luebbe
Yes
Yes
Yes 4 days
Yes
Not stated
Yes. fiberglass ,·.·''
Yes
NIA
NIA
Yes
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CAPITAL OUTLAY REQUEST
! Department or Fund UE WWTP 11 j Division : 01-44535 Special Projects
Description of equipment or object expenditure:
ON-LINE AMMONIA ANALYZER FOR N .T .F. OPTIMIZATION
Explanation of neccesity or benefits of this expenditure :
Operation of NTF
Total costs of placing equipment in full oJeration
Estimated Costs Unit Cost Total Cos t
Purchase Price 25,000 25 ,000
Installation 5 ,000 5,000
Total 30,000 30 ,000
Less Trade-In 0 ·o
Total Net Cost 30,000 30,000
Annual Operating Cost 0 0
Total First Year Cost 30,000 30 ,00 0
Is this expenditure necessary because of increased personnel?
No
Recommendation for equ ipment displaced : NIA
Approximate date of purchase: March 1, 2000
List and describe similar equipment in department:
None
Purchasing Agent's Comments:
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City Manager's Review : Approved : __ Not Approved: __
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Date
August 21, 2000
INITIATED BY
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COUNCIL COMMUNICATION
Agenda Item
10 C iv
STAFF SOURCE
Subject
Contract for Construction Services
for Service/Suppo rt Facility
Expansion and Modif icat io ns
UE WWTP Supervisory Committee Stewart H . Fonda, Utilit ies Dire cto r
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
In September 1999 Council approved a contract with Fischer and Associates for design and constructio n
administration services for expansion and modifications of the Service/Support Facility.
RECOMMENDED ACTION
The action recommended is to approve by motion the contract w ith Long Construction as general contractor for
construction services for expansion and modifications of the Service/Suppo rt Fac ility in the amount of $925 ,000 .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
In 1998, plant staff reta ined the services of Greenberg & Greenberg Arch itects to perform a needs ass essment on
the Service/Support Faci lity. The assessment examined the current utilizat ion of space, o utl ined space needs
based on current requi rements and 5 to 10 year needs. Recommendations were made for space use rea lign ment
and building additions based on these requirements . Greenberg & Greenberg also provided an esti mate of
probable costs for construction and design. The Space Needs Assessment was completed in Februa ry 1999 .
In the Space Needs Assessment, Greenberg & Greenberg recommended construct ion of new space tota ling
a pproximately 2 ,800 SF, infill of 500 SF in the two-story maintenance space and remodel of nearly 2,100 SF .
In April , 1999, Requests for Proposals for the expansion and modifications of the SI S Facil ity we re se nt o ut. T wo
f i rm s submitted proposals, Fischer Associates , P .C . and Lintjer Architects . Both proposals were respo nsive and
F isher Arch itects and Engineers was hired to perform the work .
A Req uest f o r Bids for the SIS Facility construction was advertised beginning in May 2000. Two mandatory pr&
bi d meetings were held in June. Five general contractors submitted bids . Four of the five bids were respons ive .
and based on information received i n reference checks and discussions during the Supervisory Committee
m eeting , staff and the Supervisory Committee recommend that the contract w ith Long Construction be approved
in the amount of $925,000. Long Construction is the second low respons ive bidder.
FINANCIAL IMPACT
The cost of th is expenditure is a capital expense and will be shared 50/50 by the Cities of Englewood and Littleto n.
LIST OF ATTACHMENTS
B id T abulat ion
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BID TA BULA TION SHEET
LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT
SUPPORT SERVICE FACILITY ADDITIONS/REMODEL
Architect:
Littleton/Englewood Wastewater Treatment Facility
Fisher Associates, P.C. Architects and Engineers
June 21, 2000 @2:00 p.m . Time/Date:
Add'm
Bidder Dase Did Noles
Did llond
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I. Newslrom-Davis $867 ,867 X X X X 150 day s
511 Orchard Street (Bid was dete rmin ed Golden, CO 8040 I be nonresponsive .)
2. J.C . Brooks $870,346 X X X X 160 days
5195 W . 58'h Ave.
Arvada, CO 80002
3. Long Construction $925,000 X X X X 210 days
Oox 365
Sedalia, CO 80135
4 . Ash & White Co,1str :1cti,,n $974,000 X X X X 300
PO Box 97
Castle Rock, CO 80104
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5. Wilderness C onslrnc lion $992,819 X X X X 153 I 1724 E.66'h Av e.
Denver, CO 8022 9
MCC Construction Corpo ration no bid
5275 OTC Parkway
Englewood, CO 80111
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COUNCIL COMMUNICATION
Date Agenda Item Subject
August 21, 2000 10 CV Clarkson St. 6-Million-Gallon
Reservoir Roof Rehabilitation
INITIATED BY
Utilities Department
STAFF SOURCE
Stewart H. Fonda. Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
Council approval, by motion, of the bid award for the roof rehabilitation of the Clarkson Street
6-million-gallon reservoir to ABCO Contracting, Inc in the amount of $77,325 .00 .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Clarkson Street 6-million gallon covered reservoir, located two blocks east of the
intersection of Clarkson and Sunset Ridge in the City of Greenwood Village, was originally
constructed in 1970 as a water storage facility for treated water for the City of Englewood .
The top surface of the roof slab is cracked above each supporting beam . Allen Plant
personnel noted a variety of cracks on the roof slab and spalling over the supporting roof
columns . This storage reservoir was last overhauled in 1993, and part of storage reservoir
maintenance requires a thorough inspection every five years . These conditions were noted
during this inspection.
The proposed contract would encompass repairing the cracks in the top surface of the
reinforced concrete reservoir roof slab, repairing cementitious toppings over the columns,
applying sealer to the entire roof slab and removing and replacing joint sealants .
Requests for Bid were sent to six vendors for the Restoration of the Original Allen Water
Treatment Plant Clearwell Reservoir.
Three responses were received:
Premier Specialty Contractors
GET Environmental Services, Inc.
ABCO Contracting, Inc.
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$114,400 .00
$84,895 .30
$77,325.00
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FINANCIAL IMPACT
The original budgeted amount was $170,000.00 based on the engineer's estimate. A bid
opening was held on August 4, 2000 and ABCO was the lowest, acceptable bidder in the
amount of $n,325.00. In the 2000 Budget, this money was allocated under #09-03-42311 .
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LIST OF ATTACHMENTS
Bid Proposal Tabulation
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CITY OF ENGLEWOOD
Clarbon S1rNt l-llllllon Gallon ReNfYoir Roof Rehabllltatton
Bid Opening : 9 :00 a.m. -August 3 , 2000
ltem#1 ltem#2 ltem#3 ltem#4 ltem#5 ltem#6 Total
Crack Topping New Joint Sealer Sealer Base
Repair Demo Topping Sealant Materials Installation Bid
CET ENVIRONMENTAL Services, Inc. $17,818.10 $6,612 .00 $7.632 .20 $7 ,424 .00 $38 ,347 .00 $7 ,075 .00 $84 ,908.00
Premier Specialty Contractors $25,000.00 $6 ,000.00 $10,000.00 $8,000.00 $40,000.00 $25,000.00 $114 ,000.00
ABCO Contracting, Inc. $22,225.00 $3,400.00 $4 ,000.00 $7 ,200.00 $35 ,500 .00 $5,000 .00 $77 ,325 .00
Wulhersure Syltems N/R
NIR = NO RESPONSE
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AUG . 15. 2000 10 : i AM NO. 98~; ?. 2
Camp Dr5er & McKee Inc.
Aupst 15, 2000
Mr. William W. McCormick
Utilities DepartmlDt
Ciry of Englewood
3400 Soum £1ati S1rnt
Engl...,oocl, co so 110
S11bj,c:: Clarkson Street 6-Million-G&llon ;le51r,01r Roof Rehabilitation
Rc:c:ommmduion for Award
Dar Bill:
On August 3. 2000. tbe City reteived three bids for the C:.r!aon Screct 6-Million•G&llon
Reservoir RoofRchabiliCltion project. Toe tow bidder :s ABCO Conuacting, Inc:.
(577,325), the second low ;idde:-is CET Environmental Services, Inc:. (S84,S95 JO), and the
!bird low bidder i5 Premier S~ialty Conu-ac:ors (S l 14,400).
The scc:ond md lhinS low bidders both had disc.-e;,anc:ies in :heir bids, but the final bid
positions we!'I :iot affec:teei. The revised bid tabul,mon is attached. All dine bic!den
misincaprcted the bid security amouni ~uirement in :he "1nviwion For Bids" 111d
provided bid boftds for w. of the cow bid amount radler :han the Si,500 minimum. We
l'9COIDIDmd :hal this infonn&lity be waived .
ABCO Cofflrlctillg. Inc. shows adequm experience ;,er!ormin1 rehabiliwion of existing
c:onc:me ~s. All tl:zee of the ref'ennces that we ccniacted were very satisfied wnh
ABCO's work and said eey would jladly work with them qain.
Based IJIIOD our evaluation. CDM recommends that Clarkson Street 6-Million-Gallon
Reservoir RoofRetlabilimion project be l"f"lrded to ABCO Con~&, Inc. Pta.se
c:oataet me or Gres Dye if you !lave any questions.
Ver, INiy yours,
CAMP, DRESSER 4: MCKEE INC.
Jf-..!·}-
EnclOSIIR
cc: G. Dye
R. Tbomton
G. Sqehom
ll Scaelc
CDM
CDM
CDM
CDM
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BY AUTHORITY c%iocf;uu.
ORDINANCE NO.
S ERIES OF 2000
COUNCIL BILL NO. 40 ~
INTRODUCED BY COUNCIL
:'11DlBER WOLOSYN
AN ORDINANCE REPEALING TITLE 11, C HAPTERS 3(A), 3(8 ). 3(C). AND TITLE 12 , CHAPTER
4 ; AND CREATING A NEW TITLE 11, CHAPTER 6 , ENTITLED "CITY RIGHTS OF WAY -
PERMITS AND REQUIREMENTS", OF THE ENGLEWOOD MU NICIPAL CODE.
WHEREAS, obstructions and e xcavations i n City rights of wa y disrupt and interfere with public
u s e of the rights of way ; and
WHEREAS , obstruction s a nd e xca vations m City rights of way res ult in loss of parking and los s
of b u s iness to merchants and othe r s whose pl aces of bus iness a re in the vicinity of s uch o bstruction s
a n d e xcavations ; and
WHEREAS , it is desirable to adopt policies and regulatio n s whic h will e nable the City of
Englewood to gain greater control ove r the disruption and m ter fe r e nce with the public use of public
s tre ets and rights of way , in orde r to provide for the health . safety a nd wellbeing of the City's
resid e nts and users of City s treets; and
WHEREAS , significant public funds have been invested to acq uire . build. maintain and repair
the s tre ets within the City and cuts and excavations in the s treets reduce the u s eful life of the
p a \'e m e nt infrastructure; and
\\'H EREAS , significant public funds have been invested to p lace a nd maintain landscaping
wnhi n public rights of way in the City and cuts and excavation in the public rights of way caus e
dam age to, and increase the costs of maintaining that lands capmg; and
WHEREAS , at the pres ent time , the City doe s not have a de t a il e d map or database indicating
t h e location, nature, or extent of t he entire system underground utility and telecommunications
facil ities; and
WHEREAS , the various public and comm e rcial utilities w h ic h in s tall. maintain, and operate
facili tie s under the City 's s tree ts a re constrained, from time lo t im e . to make excavation cuts which
deg r a d e the surface s of these thor oughfares , t h e reby reduci n g t h ei r u s eful life : a nd
WHEREAS . ope rators of m ot or vehicles (private and co mm e r c ia l) pay added gasoline taxe s to
co m pe nsate for the damage t h e ir vehicles cause to City street s a nd roads. Part of these taxes are
used by the federal government (the federal highway ·'trust fund ") for construction and maintenance
of inters tate and federal highways. The State of Colorado a nnu ally transfers revenue from gasoline
taxes to the City for stre et maintenance. Public and comme rcial utilities which degrade the streets
prese ntly do not adequately pay for the long-term damage d one to the roadway surfaces; and
WHEREAS, at the present time there is no formal mechanis m nor legal requirement that public
a n d co mmercial utilities a nd telecommunications companies coordinate roadway cuts;
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NOW, THEREFORE, BE IT ORD.-\.l>IED BY THE CITY COU>IC!L OF THE CITY OF
ENGLEWOOD. CO LORADO , AS FOLLOWS:
Sect)on 1. The City Council of t he City of Englewood. Colorado hereby repeals Title 11. Chapte r
3A, ·'Co nstruction Permits and Requirements" in its entirety , of the Englewood Municipal Code .
Sectton 2. The City Co uncil of the City of Englewood, Colo ra do he reby rep ea ls Title 11 , Chapte r
38 , ·'Co nstruction Specificauons·· in its entirety, of the Engl e woo d :\I uruc1paJ Code.
Sect.ion 3. The City Co uncil of t he City of Englewood . Colo r a do hereby repeals Title 11 , Chapter
3C , ·'Excavations" in its e ntil'et y, of the Englewoo d Municip a l Code .
Sect1on 4. The City Co un cil of the City of Englewood. Colorado he reby repea ls Title 12 . Ch apter 4 .
"Fibe r O ptic Cable Regul ations·· in its entirety, of the Engl ewoo d :\I uruc1paJ Code .
Section 5. The Engl ewood City Council he reby a mend s Title 11. by the addit10n of a new Chapter
6, t o the Englewood Municip a l Code . e ntitled "City Rights Of \V ay· Permits and Requireme nts",
whi ch s hall read as follow s:
11-6: CITY RIGHTS OF WAY -PERMITS AND REQUIRE:\IENTS :
11-6-1: PURPOSE AND OBJECTIVES:
This Chapter provides principles proce dures and assocwted fu nding for t he place ment of
structures and Fac1hties co n s truction excavation encroac hme nt s a nd work act1vities within
or upon any public right of wav and to protect the ,mc:;:nt,· of t he roa d s ys tem and the Citv's
mfrastructure To ac h1 e,·e these purpos es it is ne ces;;nr,· to reauire permits of permane nt
private users of the public rights of way to estabhsh pcrrm t proce dures and to fix and
collect fees and charges.
~-Objectives:
Public and private uses of public rights of way for loca tion of facilities e mployed m the
provision of public se rvi ces should in the mterests of t he ge neral welfare be acco mm odated;
however the Citv must in s ure that the primary pu rpo~(' of t he right of wav pa ssa ge of
pedestrian and vehi cular traffic is m a mtamed to the grea test extent possible. In a dd1t10n
t he value of other public a nd private in s tallations road wavs facilities and properties
s hould be protected competi ng uses must be reconcil ed and the public safety preserved
The use of the right of way co rridors by permanent private users is secondary to these public
ob jectives and the mo\'em e nt of traffic This Chapte r is intended to strike a balance
between the publ ic need fo r efficient safe transportation routes and the use of rights of way
for locat10n of fa ciltt1es bv pu blic and pnvate entities It th us has several ob1ectives:
To msure th at the public sa fet v 1s maintained and that public mconve mence is
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minimized.
~-To protect the City's infrastructure investment by establishing repair standards for
the pavement. facilities and property in the public rights of way when work is
accomplished .
~. To facilitate work within the rights of way through the standardization of
regulations.
~. To maintain an efficient permit process.
g. To conserve and fairly apportion the limited physical capacitv of the public rights of
way held in public trust by the City .
g,, To establish a pubhc policy for enabling the Citv to discharge its public trust
consjstent w1th the rapidly evolving federal anrl state regulatory policies. industry
competition nnd tec hnological development.
To promote cooperati on among the Permittees fas defined herein} and the City in the
occupauon of the public rights of way and work therein in order to /i} eliminate
duplication that 1s wasteful unnecessary or unsightly /ii} lower the Permittee's and
the City 's costs of providing services to the public, and <iii} minimize street cuts .
§. To aBSure that the City can continue to fairly and responsibly protect the public
health safetv and welfare.
11-6-1: DEFINITIONS:
For the purpose of this Chapter the following words shall have the following meanings:
ACCESS VAULT :
.GITI :
DEGRADATION :
Means any structure containing one or more Ducts
conduits. manholes handhole or other such facilities
in Permittee 's Facilities.
Means the Cny of Englewood Colorado .
Means a decr ease in the useful life of the right of way
or damage to any landscaping within the rights of
way caused bv exc:wation in or disturbance of the
right of way. resultmg in the need to reconstruct the
surface and/or subsurface structure of such right of
way earlier than would be required if the excavation
or disturbance did not occur .
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CITY MANAGER:
DUCT OR CONDUIT :
EMERGENCY:
EXCAVATE:
FACILITIES:
_FENCE :
INFRASTRUCTURE :
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LANDSCAPING :
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Means the City ~anager of the City of Englewood or
his/her authorized representative .
Means a single enclosed raceway for cables Fiber
Optjcs or other wires.
Means any event which may threaten pubhc health or
safety including. but not limited to damaged or
leaking water or gas conduit systems damaged
plu22ed or leaking sewer or storm drain conduit
svstems, damaged underground electrical and
communicati ons facilities. or downed overhead pole
structures.
Means to dig mt o or in any wav remove or penetrate
anv part of a right of way .
Means including without hmitation any pipes
conduits wir es cables amplifiers transformers fiber
optic lines antennae poles ducts. and other like
equipment fixtures and appurtenances used in
connection with transmitting receiving. distributing
offering and providing utility and other services .
Means any artifi cially constructed barrier of wood.
masonp' st one. wire metal or any other
manufactured matenal or combmation of materials
erected to enclo . e partition beauufv mark. or screen
areas of land .
Means any public facility system or improvemem
including without limitation water and sewer majns
and appurtenance s storm drains and structures
streets and sidewalks and public safety equipment .
Means material s including without limitation grass
ground cover. shrubs. vines hedges or trees and
non-living natural materials commonly used in
landscape development. as well as attendant
irrigation systems.
Means any authorization for use of the pub)jc rights of
way granted in accordance with the terms of this
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PERMITIEE :
PERSON:
PUBLIC RIGHT OF WAY OR
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Chapter. and the laws and policies of the City.
Means the holder of a valid Permit issued pursuant
to this Chapter .
Means any person firm. partnership special.
metropolitan. or general district association.
corporation company or organization of any kind.
RIGHT OF WAY OR PUBLIC WAY : Means any public street way place alley. sidewalk
easement park square plaza and Citv right of way
dedicated to public use .
SPECIFICATIONS : Means engineering regulations. construction
specifications and design standards adopted bv the
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STRUCTURE : Means anythmg constructed or erected with a fi.'osed
location below on or above grade including without
limitation foundations fences retaining walls
awnings balconies and canopies.
SURPLUS DUCTS OR CONDUITS: Are Conduits or Ducts other than those occumed by
Permittee or anv prior Permittee or unoccupied Ducts
held by Permittee as emergency use spares or other
unoccypied. Ducts that Permittee reasonably expects
to use within two {2l years from the date of a request
foL.llK,
WORK : Means any labor performed on. or any use or storage
of equipment or materials including but not limited
to. construction of streets and all related
appurtenances. fixtures. improvements sidewalks.
driveway op enings landscape installation
maintenanc e and repairs in the publjc way bus
shelters bus loading pads street lights. and traffic
signal device s. It shall also mean construction
maintenance and repair of all underground
structures such as pipes conduit, ducts, tunnels
manholes, vaults buried cable wire, or any other
similar structure located below surface and
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installation of overhead poles and wires used for a nv
purpose.
11-6-3 : POLICE POWERS: The Permittee's rights hereunder a re sub1ect to the police powers of
the Citv which include the power to adopt a nd enforce its Code including a mendments to tlus
Chapter , necessarv to the safe tv , health, and welfare of the public. The Permittee s hall co mplv with
a ll ap plicable law s and ordinances enacted or hereafter enact ed, bv the Citv or a nv other legallv
co nstituted governmental unit havmg lawful jurisdiction over the s ubject ma tter~~
r ese n·es the right to exercise its police powers notwithstanding anvthing m t h1 s Chapter and t he
Permit to the contrarv. Anv co nfli ct between the provisions of the Chapter or the Permit and a nv
oiher present or future la wful exercise of the Citv police pow e r s s h a ll be re. olved m favor of the
latter.
11-6-4: PERMIT REQUIRED:
~-Obtaining a P ermit .. o pe r so n exc ept a n employee or official of the Citv or a person
exempted bv contr act wnh the Citv s hall undertake or permit to be undertaken a nv
co nstruction, excavation or Work m the public rights of wav without first obtai ning a Permit
from the City as set forth in this Chapter except as prov id ed in E.:VI.C . 11-6-22 . Such
permits will be issued onl v to regularlv licensed and bonded co ntractors or to a homeowner
for the pro pertv m which he owns 3.nd resjdes . Each permit obtained a long with associated
documents, shall be maintained on the ]Ob site and avai la ble for inspection upon reques t bv
any officer or emplo"e of the City .
~-Construct10n, excavation or Work area. No Perm1ttee s hall perform co n struct10n. exca,·auon
or Work in an area larger or nt a loc ation different, or fo r .1 lon ger penod of im e than t hat
s pecified in the Pernnt or Permit applicnuon. If, after co ns truction excavation or Work is
co mmenced unde r an a pproved Permit 1t becomes necessn r\' to perform co n struction,
e xcavation or Work m a larger or differe nt area than o ngmallv r equested under the
application or for a longer period of time the P ermmee shall noufy the Citv Manager
im mediately and withm twenty-four hours s hall file n s uppleme ntary ap pli ca tion for t h e
a dditional co n structi on excavation or Work and the Pe rmittee shall be billed for t h e
a dditional amount owed .
P ermit t.ransferab1lity or ass1 gnabilitv . The applicn nt mav s ubcontract the Work to be
performed under a P enmt provided t hat the Perm1 ttec s hnll be and rem a in responsible for
the performance of the Wo rk under t he Pe rmit and a ll in s urance a nd financial secuntv as
required . Permits arc transferable a nd assignable if the transferee or assignee posts all
required security pur. uant t o this Chapter and agrees to be bound bv all requirements of
the Permit and this Chnpter.
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);!. Public Infrastructure . In the Ci ty the physical constructio n of publjc infrastructure in new
developments is the responsibility of the developer of the la nd . Ownership of that
infrastructure rem a in s with the developer of the land until acce ptance by the Citv. Anv
person performmg Work on infrastructure which js within a public way but prior to
acceptance bv the C1tY s hall obtain a Permit from t he Citv a nd permission from the owne r
pf the infrastruct ure in the pubhc wav. The Permittee sha ll be financially re spo nsible to the
owner of the mfrastruct ure to ca m , out all remedial Work necessary to receive acceptance by
the City of that mfrasvu cture . This financial obligation shall applv onlv to the Work in the
pubilc wav done bY the Pe rm1ttee. The City will not accept for dedication pubhc nghts of
way or other prope rn· wh e re Work performed is not in acco rdance with applicable Citv
peclficauon s .
Excavating w1thout a Permit. Any person or utiljtv found t.o be conductmg anv excavatio n
actjyjtv w1thjn the public Right OfWav without having first obtained the req wred Pe rmit(s)
except as provjded in E.M.C. 11-6 -22. shall immedi ate!v cease all act1V1tv {exclusive of
actions required to stabilize the area) and be require d to obtain a Permit before Work mav
be restarted A s urcharge sha ll be required in addition to a ll applicable Permit fees . Thi s
s urcharge shall be set bv Co uncil Re so lution.
.11-6-5 : PERMIT APPLICATION -PERMIT CONTENTS:
/}. Permit Application . An ap plicant for a Permit to allow co nstruction excavation. or Work in
the public Right Of Wav under this sect10 n shall :
J. File a written application on forms furrush ed bv the City which s hall include the
following: the date of a pplication · the nam e a nd address of the applicant: the name
and address of the developer contractor or s ub ontractor licensed to perform Work in
the public Right Of Way: the exa ct location of t he proposed construction excavation
or Work activitv· the tvpe of ex1stmg pub4c mfrastructure (street pavement curb and
gu tter sidewalks or utilities ) impacted bv th e co n s tructwn excavation or Work · the
purpose of t he proposed construction e,ccaY nti on or Work· the dates for beginning
and ending the proposed construct10n excav a ti on or Work · proposed hours of Work:
itemization of the total cost of restorauon : and tvpe of Work proposed .
§.
g.
Any delinque nt cha rg es due the Citv bv the a pplicant or its contractor for prior Work
must be paid .
Attach co me s of all Permits or li ce nses (incl uding re quired insurance. deposits
bonding and warra nt1es} required to do the proposed Work and to Work m the
public rights of way if licenses or Permits are required under the laws of the Umted
States the State of Colorado, or the ordinances or regulations of the City .
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4. Provide a sansfact.orY plan of Work showing protection of the subject propertv a nd
adjacent prop erties.
g. Provide a satisfactorv plan for the protection of e xisting landscaping when the City
determines that da mage mav occ ur.
g. Include evidence that all orders issued by the Citv to the applicant. requiring the
applicant tn co rrect deficiencies. have been sati sfied.
1· Include with the ap plica tion e ngineering con s truction drawings or s ite plans fo r t he
proposed construct10n. excaYatton or Work .
§. Include with the s upl ic ation a sausfactorv t r affi c co ntrol work area barricading and
erosion protection plans for the proposed construction. excavat10n or Work.
~. Include a state me nt indicatmg any proposed jomt use or ownershrn of the Fac1lit, ..
any existmg Fac1htv or Permit of the applicant a t this locat10n· any existing Fac1htv
of others with whi ch the propose d installations might conflict; and the name
address a nd telephone number of a representative of the applicant available to
rev1ew prop osed loc ations at the s ite.
li). Pay the fe es.
)?. Updating Applications. Applicants s hall update anv new information on Pe rmit
apphcauons within ten O O) days after any change occurs.
!;. Joint Applicat10ns . Appli ca nts may applv jomtlv for Permits to Work in public rights of wav
at the same time and pl ace. Applicants who apply ,omtlv for Permits may share in the
payment of the Permit fe e. Applicants must agree n mong themselves as to the portion each
shall pay .
11 -6-6: PERMIT FEE:
~-Permit Fee. Befo r e a Pe rmit is issue d pursuant t o th is Cha pter the applicant s hall pav to
the Citv a Permit fee. whi ch shaU be determmed m acco rdance with a fee sc hedule adopted
by the Cjty Council bv r eso lution. Fees will be rea so nabl v r ela ted to the costs inherent in
managing the public rights of way . As used in this Chapter these costs include. but are not
necessarily limited to the costs of permittmg nghts of wav occ upants. verifying rights of wav
occ upation mapping rights of way occupations. m specu ng 10b sites and rights of way
restorations. admm1 s t e ring this Chapter and costs relaung to the degradation of the rights
of way j.e . the cost to achieve a leve l of restoration as dete rmined by the Citv at the time
the Permit 1s issued .
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fl. Reduction in Degradation Costs. The portion of the Permit fee relating to degradation costs
shall be reduced bv the City in cases where the applicant demonstrates to the satisfaction of
the City Manager t hat the excavation proposed will be used bv three or more entities. legallv
and financially unr elate d for the installation. mamtenance or repair of Facilities . The
degradauon cost porti on of the Permit fee shall lie further reduced in case s where the
applicant demonstr ates to the satisfaction of the Citv Manager that the excavation to be
made will be commenced and completed during th e twentv-four {24) month period
immediately prior to the sc heduled repaving or resurfa ci ng of a street as indicated in the
most recent edition of the Ci ty 's Repaving Plan .
Right of Way Occup ancv Permit Anv Permit for temporarv use or occupation of the publi c
rights of way where there is no construction involved shall not require payment of a
degradation fee as part of t he Permit fee .
11-6-i: PUBLIC RIGHTS OF WAY RENTAL POLICY AND CHARGES:
Reserved for future use .
11-6-8: INSURANCE AND INDEMNIFICATION:
A. Insurance Coverage Pn or to the granting of anv Permit the Permjttee shall file with t he
City an insurance polic y or ce rtificate in a form sat1 sfac tor" to the Citv with coverage as
fo))ows :
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!· The Permmee shall ca qy and maintain in fu)l effect at all times a comprehen sive
general ljab1ht" pohc" including broad form propertv damage completed operauons
and contra ctual liabjljty for limits not less than one million dollars {$1000000.00 )
each occurren ce for damages of bodily injurv or de ath to one or more per so ns · and fi,·e
hundred thou sa nd dollars {$500 000 .00} each occu rrence for damage to or
destrucuon of prop ertv .
~-Insurance coverage for special hazards: special haz ards coverage such as but not
limited to. propertv damage as a result of explosion hazard collapse hazard .
underground prop ertv damage hazard commonlv known as XCU shall all be
specjfica)iy added bv endorsement to the herein above required liability policies .
_g. Workers compensation insurance as required bv State law .
l The City shall be reli eved of the obligation of subnuttim; a certificate of insurance.
Insuring Additional or Subsequent Permit Holders . Whenever any person has filed w1th th e
City evidence of insurance as required any additional or subsequent Permit holder in the
employ of said initial person may at the discretion of the City. be excused from depositing or
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filing any additional evidence of insurance if such emp_lovee is fully covere d bv the
Permittee's insurance policy .
Protection Again st lnjurv or Damage to Per so ns or Propertv . Each Perm1ttee s hal)
co nstruct maintai n. a nd ope rate its facilities in a manner which provi de s protecti on a ga inst
injury or damage to pe rso ns or prope rty .
,l -The Permittee for itself and its related entitie s. age nts. e mplovees s ubcontractor s
and the agents and employees of said subcontractors s hall save the Ci tv har~
defend a nd ind em mfv the Citv its successors assigns officers. e mplovees am
and appointed and elected officia ls from a n d against a ll liability or damage a nd a ll
cl ai ms or dema nds whatsoever in nature a nd re 11nb urse the Citv for a ll its
reason able expenses as m curred a rising out of the installat10n. m a intenance
ope ration or a n v othe r Work or activitv in the pub lic right of wav or bv t he P e r m1ttee
related to it u se thereof in cl uding but not l11n1ted to the ac tions of t h e Permmee
its emplovees agen ts co ntractors related ent1t1es s uccessors a nd ass igns or t he
secunng of and the e xercise by the Permittee of the Pe rmit rights gra nte d in t h e
Permit m dudin g a n,· third party claims admin1str:mve h earings and lit1g a u on ·
whether or not all\· act or omission complained of is a uthorized a llow e d or
prohibited bv this Chapter or other applicab le law .
~-The terms of .f.il£)1 co ntract awarded bv the Permmee for activities pursuant to a
Pe rmit shall conta in indemmtv proV1sions where bv the co ntractor shall ind emru fv
the Citv to the sa me extent as described above .
~-The Perm1ttee s hall have the right to defen d the C,tv with re gard to all third partv
actions damages a nd penalties arising m an,· wav out of the exemse of a ny rights in
the Permit If at a ny t ime h owev er Perm ltt ce refu. es to defend. and t he Cit\· e lect s
to defend itse lf wnh regard to s u ch matters. th e Perm1ttee s ha ll pav a ll actu al
ex penses incurred bv t he Cit,· relat ed to its rlef('nse .
g.
In the event the City institutes litigation ag nrn st he Permittee for a breach of the
Permit or for an interpretation of thjs Ch apt e r and the Citv is the prevailing partv.
the Permittee s hall reimburse the Ci ty fo r all co sts re lated h ereto including
rea sonable attornev"s fees. The Permittee shall not be obligated to hold h a rmless or
indemnify the Citv for claim s or demands to the e xt ent that they are due to the gro ss
negligence or a ny intentional and/or willful ac ts of the City or a ny of its offi ce rs
emplovees. or a gents .
In the event t he Permittee is a pubhc entjt v the indemnifi cation requirements of
this section s h a )l be s ubject to the provision s of the Co lorado Governmental
Immunjtv . .\ct .
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J 1-6-9: PERFORMANCE BOND/LETTER OF CREDIT:
~. Letter of Credit. Before :rnv Permit required by this Chapter s ha)l be issued to an
applicant the a ppli cant s hall file with the City Man a ger a bon d or letter of credit in favor of
the City in an amou_nt eq ua l to the t oral cost of construcnon including labor and materials
or five thousand dollars whi chever 1s ~eater The bo n d or letter of credit s hall be executed
by the applicant as pnnc10al a nd bv a t least one s uret ,· upo n whom service of process mav
be had in the state. The bo nd or letter of credit hall be co nditioned upon the applicant fullv
complying with all provi s ions of Citv ordinances rul es a nd re gulations. and upon pavment of
all judgments and cos t s re nd ered agamst the apphcant fo r a nv material v10lat1on of Citv
ordinances or state statu tes t hat ma y be recovered ng:n n t the applicant bv any person for
damages a rising out of anv ne gligent or wrongful acts of he a pplicant in the performance of
Work done pursuant t o th e Pe rmit. The Cm• mav bnng an ac t10n on the bond or letter of
credit on its own be half or on behalf of a nv person so agg ri eve d as beneficiarv. The bond or
letter of credit mu st be app rove d bv the C1ty Manager a to fo rm and as to the respons1bliitv
of the surety thereon prior to the is s ua nce of the Perin a . However the Citv may waive t he
requirements of anv such bond or letter of credit or mav permit the a pplica nt to po st a bo nd
without surety thereon up on finding that the appli cant has financrnl stab1htv a nd assets
located in the state to sat1s fr anv cl a uns intended o be protected agam st the sec uritv
required by this sect10 n .
~-Letter of Responsibilitv. A letter of responsibility will be acce pted m heu of a pe rformance
bond or letter of credit fr om a ll public unlities an fran ch1,ed e ntmes a nd all metropolitan .
water and sa mtation di stricts operating withm th e C11 , ..
Performance Bond Dura tio n. The performance bond leuer of credit or letter of respons1biljtv
s hall rem ain in force a nd e ffe ct for a mmimum of tw o ,·ea r s a fter completion and acceptance
of the street cut excavation or lane closure.
ll-G-10: PERFORMANCE WARRANTY/GUARANTEE:
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Warranty . Any warrantv made here under shall serve ns sec untv for the performance of
Work necessary to re pair t he public Right Of Way if the P e rmittee fails to make the
necessary repairs or to co mpl e te the Work under the Permit.
Guarantee. The Pe rmittee by acceptance of the Pe rmit e xpress lv warrants and guarantees
complete performance of t he Work in a manner accepta bl e to the City and warrants and
gu a rantees all Work don e for a period of two years after the date of initial acceptance and
agrees to maintain up on de mand and to make all necessa rv repairs durmg the two vear
period. This warra ntv s hall include a ll repairs and acqons needed as a result of:
!· De fe cts in Workm ;:i ns hjp .
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~-Settling of fill s or exca vations.
~-Any unauthorized de viations from the approved pla ns a nd s pecifications .
;1. Failure t.o ba rn c::ide.
g. F a ilure to clean up dunng and after perform ance of the Work .
g. Any other violation of this Chapter or the ordina nces of the Ci tv.
Period of Warrantv . The two vear warra nty period ,h all run fr om the da t e of the Citv·s
1mtial acceptance of t he \\"or k. If re pa1rs are required du nng t h e t wo vear warrant,· peri od
those rep a irs need onl y b<' wa rranted until the end o ft he mm al t wo vear pe r 10d s t.artmg
with the date of initial a cce ptance. It 1s not ne cess a rv th a t a n ew tw o vea r wa rra nt\" be
provided fo r s ub seq uent re pairs a fte r inma l acceptance .
Q . Repairs Under Warrantv . At a ny time prior to co m pl euon of t h e tw o vea r warra ntv pe n od .
t he City may notifv the Pe rm1ttee of a nv needed r epau-s . Such r e pairs s hall be co mpleted
within twentv four hours 1fthe defects a re determined bv the Ci tv to be a n 1mmment danger
to the public health. safetv and welfare. Nonemerge n cv r epairs s hall be co mpleted w1thm
thirtv (30) calendar d avs a ft e r notice . If such defici e ncies a r e n ot corrected witlun the
prescribed time the Ci tv mav make s uch correction s and the P e rmit.tee s hall pav t he actual
costs thereo f plus a penaltv of fifty pe r ce nt (50 %) of h e amo unt t hereof.
11-6-11: INSPECTIONS:
The Citv shall have the right t o make inspections at any tune to r e1ec t a nv work or mate rials which
nr e defective or d o not co nform wnh t he re9u1rements of thi s Co de. the a pproved plans or
s pecific:itions . A minimum of fo ur in s pections s hall take pl ace . Fi r st the P ermittee s hall r equest
t ha t the Ci tv co nduct a pre-const ruct10 n mspecu on. to dete r mine anv ne cessarv co nd1t1 on s for t he
Pe r mit. Second t he P erm1 tt ee hall no t1fv the City 1mm ed1a eh· nfte r work be gms t hird a fter
co mpl etion of Work ope ratio ns . The City s hall 111 spec t the co mpltted \\"ork within twe ntv o ne (21 )
davR of Permittee's notifi ca t 10 n . -Initia l acce ptance will be mad e 1f nil \\"ork meets Citv a nd Permit
~tnnda rds. F o urth . approx1mat el v thirty da ,·s prior to the exp1rat1o n of t h e two-vear guara ntee the
C1w s h a ll conduct a fin a l m s pecuon of the co mpleted Work . If he Work is s till satisfactorv the bo nd
or lett er of credit s hall be returned or allowed to expire wi th a lette r of final acce ptance less a nv
a mo u nts needed to complete Work not done bv Permittee . l'pnn re new of the a pplication for a
Pe rmit the City l\fanager sh a ll determine how many add1u on nl 111 s pect10ns. if any. may be
re.gl!.!Ifill For Work which do es not involve material di sturbnnce 1n the nghts of wav. the C itv
!\l :rnagcr shall waive the final i n s pection and the pe rform ance bo nd/le tter of cr edit.
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11-6-12: PUBLIC SAFETY:
The Pe rmittee s ha ll m a inta 111 a safe Work a r ea free of s afetv haza rd s. The Citv mav make a nv
re p a ir necessary to elimina t e an,· safetv ha za rd s not perfor med as dir ected . Anv s uch Work
performe d by the City s hall be com ple ted and bille d to t he Pe rmntee at overtime rates. The
Permittee s hall pav all such cha rg es within 30 d avs of the statement date . If the Perm1ttee fails to
pav s uch charges withm the pre~cn bed tim e period. the Citv nw v . m add1t1on to taking other
co ll ec t10 n remedies seek reimburse ment through the warrantv guara ntee. Furthermore the
Perm1ttee shall be barred fr om performing a nv Work m the public Ri ght Of Wa,· a nd under no
circumstances will the City issue a nv furth er Permits of anv kind t o said P ermmee until all
o u tstanding charges have been pai d m full .
11-6-13: TIME OF COMPLETION:
.\II Work co ve r ed bv the P e rmi t ,hall be co mpl eted bv the ela t e s tated on the a pp ltcan on . P ermi ts
shnl) be vo id 1( Work h as no t commence d six months after issua nce unless a n e xte n s ion ha s been
gr;rn t cd by t he Cnv Mana ge r . Pe r fo rmance bo nd s letters of cr edit or le tters of r es po n .1b1htv
depos 1ted as a performance/warrnntv guara ntee for individual P e rnuts will be returned aft.er vo1d111g
of the Permit with administrative and any other City costs ded ucte d.
11-6-14 : TRAFFIC CONTROL:
~-Traffic Con trol Plan. \\"hen 1t 1s necessa r v to o bstruct raffic a traffic co ntro l plan shall be
s ubmitted to the C1 tv pri or to s tartmg co nstruction . :--Jo Permit will be issued until t he plan
is a pproved bv the C'lt\·. The Permntee s hall use extra care so as to m1mm1z e d1 s rupuon t o
a djacent p rop e rtv a nd drives a nd t o prov1d e access t o parking areas wrule accomplts hmg the
Work . If access to priva t e propertv must be blocked 111 o rd er to a ccomplis h the Work t he n
the Perm1ttee shall dev elop a n acce ss m a mtenance plan in coordination with and base d on
t h e require ments of t he affec ted prope rtv owners and te n a nts and submit it to the Citv . :--J o
Permittee s h a ll bl oc k access t o and from s1destreets allevs. maintenance roads. walkw avs
driveway s sidewalks b1ke paths. fire hvdrants fir e stations fire escapes mail box es
dumpsters parked vehicle, water valves underground va ults valve ho u s mg structures. or
a ny other vital equipm ent unless the P ermittee dem on s tra tes to th,;! Cjtv that he/she h as
worked with the owner or occu pant of the facilitv to mrnimize potential impacts. If a s treet
closing js desired. the Permittee will request the assista nce and obtam the approval of the
City. It shall be the resp ons1bihty of the Permittee to deve lo p a detour and s igning plan
proyjde advance warning signs to advise drivers of the s tree t closure and deliver notices to
the affected properties a minimum of 48 hours prior to a ny s treet closure . It shall he the
responsjbi)jty of the Perm1ttee to notify a nd coordinate all Work in the public way with
police fire ambulance other governmental entities a nd transit organizations.
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Flag Persons. Wh en nece sa rv for public safety the P erm1ttee s h all e mplov flag p r s n ,
whose duties s h a ll be to co ntrol traffic a round or t hro ugh t he co nstruction §lte The use of
flag persons ma v be require d bv the Citv Manager .
£;. Acceptable Hours of Co nstruction. Unless approved lw t he Citv :\-t a nage r the Pe rm1t tee s h all
not impede rush hour tra ffi c on arterial or collector streets durmg the morning or e~
rush hours . No co nstruct10 n s hall be performed nor s h a ll a nv traffic lane be closed t o traffic
during the hours of 7:00 a .m . to 9 :00 a.m . or 3:30 p .m . to 6 :00 p .m . without the a pprova l of
the Citv Manager .
Q. Traffic Control Devices . Traffic control devices. as defined in Pa rt VI of the :vl a nual on
Uniform Traffic Co ntro l Devi ces m ust be use d wheneve r it 1s necessarv to close a traffic la n e
or s idewalk. Traffi c co ntrol devices a r e to be supplied bv t he Permittee . If u se d a t night. t hev
mus t be r efl ect ori zed a nd must be illu minated or have ba rricade warning lights .
Prolubjted Method s of Illummation . Oi l flares or kerose ne lanterns a r e n ot a ll owed as
means of i llumm at.1on .
Mamtenance a nd Co ns tr uctto n Signing. Part VI of t he :\l a nua l on Uniform Traffic Co ntrol
DeV1ces or a ny uccesso r p ub li cation t he r eto s hall be u sed as a guide for all m a inte n a n ce
and co nstruction s igning . The Perm1 ttee s hall illustrate on t he Pe rmit the wa rning a nd
control d evice s prop osed fo r use . At the direction of t he Citv :\,tanager s uch warning a nd
control d evices s ha ll be modified.
11-6-15: GENERAL RIGHTS OF WAY USE AND CONSTRUCTION:
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Right Of Way Mee tings. Pe rm1ttee wlll make r easonable e fforts to attend a nd particip ate in
meetings of the City of w h ich the P e rmittee is made a ware. regarding right of way is s ues
that may impact its fa cilities including. planmng meeti ng s to ant1c10ate 10int trenching and
boring. Whenever it is possi ble and r easonably practicable to jo mt t r e n ch or s hare bores or
cuts Permittee s h a ll Work with othe r provi d er s li cc n ~ees Perm1ttees. and franchi sees so as
to reduce so far as po sible the num be r of right of wa v cut s withm t h e Ci t v.
Minimal Interference. Wo rk in the nght of way on o ther publi c p ropertv near public
propertv. or on or near private propertv s hall be d one in a ma nne r t h at ca u ses the least
interference with the rig hts a nd r eason ab le co nve ni e n ce of pr opertv owne r s and re s id e nts.
P e rmittee's faciliti es s hall be constructed and main ta ined 111 s uch m a nner as not to interfere
with sewers water pwes or a nv othe r property of t he Ci t y. or with a ny othe r pipes wires
condUJts pedestals struct ures or oth er Facilities t h a t ma y have been laid in the rights of
way by. or unde r the Ci w ·s a uthorjw . Five feet /5') minimum honzontal clearance and
eighteen inch {18") mrnim um vertical cl earance s h a ll be provided between Facilities a nd
p ublic Infrastructure If t he minimum horizontal a nd ve rti cal clearances are not a dhe r ed to
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then the Permittee ass um es a ll risk of da mage and loss :msmg out of fa ilure to co mply with
required cleara nces . The Permittee's Facilities shall be located , er ected a nd ma inta ined so
as not to endanger or interfere with the lives of Per sons or to interfere with ne w
improvements the Citv mav deem proper to make or to unnecessanlv hinder or obstru~~
free use of the righ ts of wav or other public prop ertY ,ind "hall not interfere with the travel
and use of public places bv the public during t he const ructio n , repair ope ration or r e mova l
thereof and shall not obst ruct or impe de t raffic.
!,:;. Underground Construction a nd Use of Poles.
J. When required bv general ordinances re so lu t10ns, regulations or rules of the Citv or
!1PPlicable State or fede ral law Perm1ttee's Fac1lit1es h a ll be placed underground at
Permittee's e xp e nse. Pla ci ng Fac1li t1 es underground does not preclude the use of
ground-mo unted app urtenances .
~. Where all Facili ti es a r e mstal)ed underground a t t h e time of Permittee ·s
co nstructi on or when all s uch Facilities are s u bseq ucntlv place d unde rground a ll
P e rmittee Factl1t1es s hall also be placed unde rground a t no expense to the Citv
unless fun di ng is ge nepllv available for s uch r eloca tion to all users of the rights of
way. Rel ated e auwmem s u ch as pedestals, mu st be placed in acco rd a nce with t he
City's app)jcable co de require ments and rules. In areas where exi s tmg Facil iti es a r e
aerial the Permittee may install aerial Facilities.
F or above ground Facilities the Permittee s hall utilize e xi s ting poles where"er
p ossibl e alth ough under n o ci r cu mstance s 1s the Pe rmittee allow ed to attach
F ac ilities t o orn a me ntal pol es .
~. Should the Citv desire to pl ace: its own F acilities m t r e nch es or bores ope n ed~
Pe rmittee t he Permittee shall coo perate with the C ity in a ny co n s tructio n b\' t he
P ermittee that invo lv es trench ing or boring, prov id ed that the Citv h as fir st notified
the Permittee i n so me manne r that it is interested m sharing the trenches or bo r es
in the area where the Permittee's co nstructi on is occ urring. The Pe rmittee s h a ll
a ll ow the Ci ty to place its fRc1ht1es in the Pc rmi ttee's trenches a nd bores provided
the City incurs am· increment a l i ncr ease in co. t of the trenclung a nd bormg. The
C1tv s h a ll be r espo nsible for mamtammg its respective F acilities buried in t he
Pfil-mittee's trenches a nd bo res under this parngrruili .
Use of Co nduits by the Ci ty . The Citv m a y install or affix and maintain its own F aci lities
for City purposes in or upon a ny and a ll of Permjttee's ducts conduits or equipm e nt in t he
rights of way and other public places at a charge to be ne gotiated between the parties Cbut
in no event greater than t he best price charged by Pe rmittee to any other user} to the extent
space therein or thereon is reasonablv available and pursuant to all applicable ordinances
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and codes . For the purpos es of this s ub se ction "Ci t v purpos es " includes but is not limited
to the use of the structures a nd installations for Citv fir e police. traffic water telephone.
and/or signal systems.
Common Users.
,!-The rights of wav have a finite capacjty for containing Facilities . Therefore.
whenever the Cits determines it 1s impracticable to permit construction of a n
underground Conduit svstem bv any other entitv whjch mav at the time have
authority to construct or marntam Conduits or Du cts in the rights of wav but
excluding entities providing services in comp etition with Permtttee and unless
otherwise prohibited by feder a l or state law or regulations the City mav require
Permittee to afford to such entity the right t o u se Permittee 's Surplus Ducts or
Conduits in comm on with P e rmittee pursua nt t o the terms and condition s of a n
agreement for use of Surplus Ducts or Conduits entered into bv Pe rmmee and the
other entitv. Nothing herein s ha)l require Permittee to enter into a n agree ment with
such entity if in Permittee 's reaso nable determin atio n such a n a greement could
compromise the inte grity of the Permittee·s facili t ,es .
~-Permittee shall gi ve a common user pursuant to t hi s Section a minimum of one
hundred twenty (120) days notice of its need t o occ upv a Conduit and s hall propose
that the comm on user take the first feasibl e ac t ion :is follow s:
.(a) Pav rev ise d Conduit rent designed to recove r the cos t of retrofimng the
Conduit with space-saving technology s u fficie nt to mee t Pe rm1ttee's space
needs ;
Pav revised Conduit rent based on th e cos t. of new Co ndwt con structed t o
meet. Permittee's space needs ;
Vacate the needed Du cts or Conduit ; or
Construct a nd mainta in sufficient new Co nduit to meet Pe rmit.tee 's s pace
needs .
£i When two or more common use rs occupy a sect io n of Conduit Fa cility, the last user
to occupv the Co nduit Facilitv sha)l be the fir s t to vacate or construct new Conduit.
When Conduit rent is revised because of retrofitting space-saving technology or
construction of new Conduit all common users s ha ll bear the increased cost.
All Facilities sha)l meet any app)icable local. State . and federal clearance and other
safety requirem ent s . be adequately grounded and a nchored and meet the provisions
of contracts ex ec uted betwee n Pe rmjttee and th e other common user. Permittee
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mav. at its opt10n. co rrect anv attachment deficie ncies and charge the common user
for its costs . Each common user shall pay Pe rmittee for anv fines fees damage s or
other costs the com mon user's attachments ca use Permittee to incur.
11-6-16: INSPECTIONS: JOINT PLANNING AND CONSTRUCTION; COORDINATION
OF EXCAVATIONS:
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Reduct10n of Di s rup t10 n a nd Interference. Excavati on~ 111 CitY rights of waY disrupt a nd
interfere with the public use of City s treets and dam age t he pavement a nd landscaping.
The purpose of this Sect10n is to reduce this djsrupt10 n interference and damage bY
promoting better coo rdination among Permittees making excavations in Citv rights of wav
and between these Permmees and the City. Better coordinat10n will assist in m1rumi zing
the number of e xc avations being made wherever fe as ibl e a nd will ensure the excavations 111
f;ity rights of way a re . to the maximum extent pos s ibl e, performed before rather than afte r .
the resurfacing of the s treets by the City .
Excavation Master Plan. Anv Perm1ttee ownmg op e rating or installing facilities in Cnv
rights ofwav prov1d111g water sewer gas. electnc. communication video or other utilitY
services s hall m eet annu a llv with the City ~fanage r a t t he Ci tv Manager·s request to
discuss Perm1ttee's e xc;i,·at10n master plan . At s uc h mee ting t.o the extent not a lready in
possession of the City. Pe rmlttee shall sub mit docum enta11on in a form required bv t he C1 tv
~r. showing a loc;iu on of the Perm1ttee·s existing fa qlities in the City rights of waY .
Permittee shall discuss with t he City :M ana ger. its exc::i vauon master plan. and 1denufr
planned major excavation Work in the C1tv . The C1tv '.\1anager may make his own re co rd on
a map drawing or oth e r do c ument;ltlon of eac h Perm1ttee·s planned ma10r e xcavation Work
in the Citv · provid ed h oweve r that no such doc um e nt pre pared bv the Citv :'vlanager s h all
1denufy a particular entns. or the planned ma1or ex ca,·au on Work of that particular entn,·.
Permittee s hall me e t wuh the Cj ty '.\fanager to di cu s~ an mmal excavation maste r plan no
later than s1xtv (60) da ,· afte r subm1ttmg its first Pe rmit ap plication . Thereafter ea ch
Pe ruuttee s hall s u bmit annua lly on the first regul a r bus in ess day of January a r evi sed and
updated e xcavation master plan. As used in this subsection. the term "planned m a1or
excavation Work" refe r s to any future excavations planned bv the Permittee whe n the
excavation maste r plan or update is s ubmitted that will a ffect any City right of w av for more
than five (5) davs. provided that the Permittee shall not be required to jd e ntify future ma10r
e xcavations planned to occ ur more than two /2) vears after t he date that t he Permittee ·s
master plan or update is discussed. Between the a nn ua l meetings to discuss planned m a10 r
e xcavation Work Pe rmit tee s hall use jts bests efforts to inform the City Manager of anv
s ubstantial changes in the planned major excavation Work discussed at the annual
meeting .
Repaving Plan. The Citv Manager shall prepare a Rep avi ng Plan showing the street
resurfacing planned bv the City. For purposes of this Section the Repaving Plan shall
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include a landscaping or other Right Of Way improve ment plan. The Repaving Plan shall be
revised and updated on an annual basis after meeting to discuss the Permittee·s a nd the
City"s master plans and updates . The City Manager s ha ll make the City's Repavm~
available for public ins pection. In addition after det ermini~g the street resurfacing Work
that is proposed for each vear. the Citv Manager s ha ll send a notice of the proposed Work to
all Permjttees that have ha d a n annual meeting with the City Manager .
Coordination with Re paving Plan. Prior to apph·ing for a Permit. any Person pl a nning to
excavate in the City's rights of way s hall review the Citv·s Repaving Plan on file with the
City Manager and shall coo rdinate to the extent practicable with the utilitv a nd street
Work shown on such plans to minimize damage to a nd avoid undue disruption and
interference wjth the public use of such rights of wa v.
Locating Facilities. In performing location of faciliti es m the public rights of wav in
preparation for construction under a Permit Permittee s hall compile a ll information
obtained regarding its or a ny other facilities in the pu bli c nghts of wav r e lated to a
particular Permit and s h a ll make tha t information a ,·ntlnble to the Citv in a writte n a nd
verified format ncceptnble to t he Cit,· ~1anager .
Documentation of Locatio n of Permittee's Facilitie s . Pri or to undertaking any Work in the
rights of way or related landscaping the Cjty may n otifv a ll Permit tees of the Citv Work to
be performed. Upon s uch notification all Permittees s ha ll. within seven (i) davs, locate
their Facilities in the rights of way in which the Work will be performed. and provide
documentation in a form a t acceptable to the City Ma nage r of the Permittee·s facilities in
that right of way.
11-6-li: MINIMIZING THE IMPACTS OF WORK IN THE RIGHTS OF WAY:
JJ.
!· Relocation and Protection of Utilities. Before be gmning excavation in a nv public
way a Permittee s hall become a member of he Utility Notification Ce nter of
Colorado {UNCC) s h a ll contact the UNCC. nnd, to the extent required bv
C .R.S . §9-1.5-102 et sea. make inquiries of a ll ditch co mpanies. utilitv companies
districts local government. a nd all other age nc ies that might have facilitie s in t he
area of Work to de termine po ssible conflicts.
The Permittee s h a ll co ntact the U NCC and r eques t field loca tions of a ll facilities in
the area purs u ant to UNCC r equirements. Field locatio ns s hall be m a rked prior to
co mmencing Work . The Permittee s hall s upp ort a nd protect all pipes co ndwts,
poles wire s or other a pparatus whjch mav be a f~ cted by the Work from damage
durmg con s truct10n or settlement of trenches s ub sequent to co nstruction .
Noise Dust. Debris Hours of Work . Ea ch Permittee s hall conduct Work in such manner as
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to avoid unnece ssary inconvenience a nd annoyance to the general public and occupants of
neighboring propert,·. In the performance of the Work. the Permittee shall take appropriate
measures to reduce n oise. dust. and unsightly debris. No Work shall be done between the
hours of 8:00 p.m. and 7:00 a.m. nor at any time on Sundav except with the written
permission of the City Manager or in case of an emergencv .
~-Trash and Construction Materials. Each Permittee shall majntam the Work site so r.hat:
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J,. Trash and co n struction materials are contained so that thev are not blo wn off of the
construction site.
Trash 1s re moved from a construction site often e nough so that 1t doe s not becom e "
health. fire or safetv hazard .
Trash dump ste rs a nd st orage or co nstruction traile rs are not placed m the str eet
without specific approval of t he City Manager .
Deposit of Dirt and .1at.erial on Roadw avs. Each Pe rm1tt ee s hall e liminate the tracking of
mud or debris upon anv street or sidewalk. Equipment and trucks used during co nstruction
excavation. or Work acuvnv s hall be clea ned of mud and debris at the end of each dav or as
directed by the CitY !\t anager.
~-Protection of Trees and Landscaping. Each Permittee s hall protect trees landscape and
landscape features as required bv the City All protective measures shall be provided at the
expense of the Perm1ttee .
&· Protection of Paved Su r faces From Equipment Damage . Backhoe equipment outriggers
shall be fitted with rubber pads whe neve r outriggers are placed on any paved surface .
Tracked velucle w1t.h grouse rs are not permitted on pa ved s urface unless specific
precaution s are taken to protect the surface . The Pe rm1ttee will be responsible for any
damage ca used to the pavement by the operation of such eq uipment and. shall repair such
s urfaces . Failure to do so will result in the use of the applicant's performance/warranty
guarantee by the City to repair any damage and possibly the requirement of additional
warrantee(s} .
g . Protection of Propertv. Each Permittee shall protect from injury any adjojning property by
proVJdjng adequate s upp ort and taking other nece ssarv measures. The Permittee shall at
it.sown expense, shore up and protect all buildings , walls , fences or other property likely to
be damaged during the Work shall provide necessary sa nitary facilities for workers and
s hall be responsible for all damage to public or private property resulting from fajlure_!B
properly protect and carry out Work in the public way.
fl . Clean-Up. As the Work progresses. al) public rights of way and private property sha)) be
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thoroughlv cleaned of a ll ga s a nd oil s pills rubbish excess dirt. ro ck. a nd other de bris . All
clean-up operations s h all be done at the expense of t he Perm1ttee .
Preservation of Monum ents. A Permittee shall not di s turb a ny s urface monuments or
survey hubs and pomts fo und on the line of Work unl ess a pproval is obtained from the Ci tv
Manager. Any monum e nts . hubs and points disturbed will be replaced by a C<llillill!O
Registered Land Survevo r at the Permittee"s expense .
Construction Vehicle Parking. Each Permittee shall mnke provisions for emplovee a nd
i:;onstruction vehicle parkmg so that neighborhood park.mg a djacent to a Work site 1s not.
impacted .
~-Maintaining a S afe \V a lk waY . Each Permittee shall ma m t ::iin an adequate a nd s afe
unobstructed wa!kw a v aro und a construction site or bl ocked sidewalk in conformance with
Englewood Munjcmal Co de .
k Sidewalk Clearance. Ea ch Permittee shall clear all s now and ice haza rds fron:l..l1.l!.Qill
sidewalks at the Work s i te bv noon following a snowfall in conformance with Englewood
Municipal Code .
11-6-18 : STANDARDS FOR REPAIRS AND RESTORATION:
i:}. Owner Responsibilitv . Whenever the City Manager or des ignee determines that a nv
s idewalk curb or gu t t e r s ho uld be co ns tructed or r e paired. it shall cause notice m wri t.mg. to
make such construction or repair w1thm thirty (30) daYs to be served upon the owne r or
agent in charge of the premi se s alongside thereof. as provided in Section 1-10-1 of tlus Co de .
If such construction or re pairs are not made by the owne r within thirty /30) davs afte r
service oft.he notice . the City Manager or desumee ma" ord er such construction or r ep aYJl...19
be made bv the Ci tv a n d the expense s connected the r ewith s hall be a lien upon the propert,·
alongside s uch s idewa lk unti l the cos t thereof js full v pai d. When s uch construction or
repairs are made b,· the C1tv the co s t thereof s hall be as essed by the Citv upon the
property fronting up on t he sa me. and 1f t he assess men t 1s not paid within thirty /30) d::iv s
thereafter the City s h a ll certify such a ssessment t o t.he Co unty Treasurer who shall place
the same upon the tax li st for the current year to be co ll ec t ed in the same manner as othe r
taxes are collected . with te n percent (10 %) penaltv ther eo n to defray the cost of collection .
)?. Permittee Resp on s ib1 h t" The Permittee shall be fullv r es ponsible for the cost and actual
performance of a )I Wo r k 111 the public way . The costs assoc iated with compaction testing
shall be borne bv the a pplicant. The Perm1ttee shall do a ll Work in conformance with the
a pproved plans , anv ::in d a ll engme epng regulations co nstruction specifications and design
standards adopted bv t h e Citv . The se standards shall apply to all Work in the public way
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unless otherwise indicated in the Permit.
Restoratiop of Work Site Co ndition . AU restoration shall result in a Work site condition
equal to or better than that which existed prior to co nstruction. In addition to the
regulations. specifications and standards referred to in sub section <A\ the following
provisions shall apply to Work in the public rights of wav of the City.
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Pavement cuts shall be filled with compacted select material. Either concrete or
asphalt patches will be placed to match the exis ting street cross section. Select
material shall include select fill stone {COOT 26 or 57\ or controlled densitv
{flowable\ fill .
The new asphalt will be pla ced bv City crews unl ess special circumstances raised bv
City Staff or the Permittee justifv the Permittee co ntracting with a reputabl e paving
firm to complete this work to Citv standard,
J, Concrete meeting all construction standards of the Ci ty shall be use d to replac e
concrete pavement wherever it occurs.
Flowable fill back fill material satisfying de si gn and construction standards adopted
the City shall be used to restore all trenche s th at have been excavated in the pav ed
portion of any public street or alley . When co ntrolled density fill type material is
used. st eel plate will be plac ed to cover the opening for the time required to allow the
material to set or until asphalt patching is completed. The applicant may utilize
granular backfill material in lieu of flowable fill backfill material. provided that all of
the following conditions are sa tisfied .
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Prior to the is suance of a Permit for co nstruction excavation or Work
activity in th e public Right Of Way the applicant must request and receive
approval for the use of granular ba ckfill materi al.
The type gradation. placement compaction and testing of the granular
backfill mnterial shall meet or exceed all requirements specified in design
and construction standards adopted the Ci tv . The costs associated with
co mp actio n testing sha)) be borne by the applicant.
Once the co mpacted backfill has been placed an asphalt cutback shall be
made . The cutback will extend 6 inches minimum on each side of the
opening and will be over undisturbed pavement material {1-1/2 inch deep
minimum}. All edges of the opening shnll be neatly cut with an asphalt saw
at 90 degrees to the roadway and uniformly tacked.
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11-6-19: CONSTRUCTION AND RESTORATION STANDARDS FOR NEWLY
CONSTRUCTED OR OVERLA YEP STREETS:
:s!o person shall cause an open tre nch excavation or potholing of utilities in the pavement of any
p u bli c right of wav for a period of t wo years from the compleu on of construction or resurfacing exce pt
111 compliance with the provis ion s of this Section.
~ Permit Application. Anv a pplication for a Permit t o e xcava te in a public right of wav s ubje ct
to the requirements of thi s section s hall contain the following information:
J. A detailed a nd dime ns ional engineering pl an that ide ntifie s a nd accura t elv
represents the Citv r ights of wav or propert v th a t will be impacted bv t he prop ose d
excavation as well as adjace nt streets and t he method of co n s truction .
~-The street width or a lley width including cur b a n d gutter ove r t he t otal le ngth of
each Citv blo ck tha t will be impacted by the propose d excavation .
~-The location wid t h le ngth a nd de pth of th e p ropose d excava ti on .
~-The total a rea of existing stree t or alley pave me nt 111 e ach ind1V1dual C1t v bl oc k that
will be imp acted b,· t he prop osed excavat10n .
g. A written state me nt a ddress 111g the criteria for a pproval.
~-Criteria for Approval. No Permit for excavation in the right of way of new street s s h a ll be
approved unless the Citv ~:tanager finds that aU of the fo ll owing criteria have been met :
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J. Boring or jacking without disturbing the pave me nt is not practical due to phys ica l
ch a racteristics of t he street or a lley or other uti li n · co nflicts .
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Alternative util it v a lignments t h a t do not involve exca vating the s treet or a ll ev a re
found to be impractic a ble .
The propose d excavation cannot r easonably be de la ye d until after t he tw o year
deferment period has lapsed .
Exemptions for Emergencv Operations. Emergency ma intenance operations s hall be limited
to circumstances involving the preservation of hfe. propertv or the restoration of customer
servjce. P ersons wi t h pri or a uthoriza uon from the Cit v to perform emergency maintenance
operations wjthin the publ ic r1ghts of way shall be exe mpted from this Section . Any person
commencing opera tion s under the la ws of this Secti on shall s ubmit detailed engineering
pl a ns. con struction me thods a nd rem edi a uon plans no la t er than three Working days after
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initiating t he em ergencv maintenance operation .
Co nstructio n and Re s toration Standards for Newlv Co nstructed or Overlave d Streets a nd
Alleys . The streets s h all be restored and repaired in acco rdance with de sign and
construction standards ado pted the Citv a nd guaranteed in accordance with E .M.C. 11-6-10.
11-6-20 : RELOCATION OF FACILITIES:
If at a ny time the City requests the Permittee to relocate 1s Fac ilities in orde r t o allow t he Cit,· to
make a nv public use of rights of wav or if a t a nv time it s h a ll become nece ssa rv beca u se of a change
m the grade or for a ny nthe r pu rpose bv reaso n of the improving repairing co n s tructmg or
ma,nta ming of anv nghts of wa v or reaso n of traffic conditions public safetv or bv reason of
m srn ll a tion of anv type of structure of public imp rov ement the Cit,· or other public age nc,· or . pecial
di t.nct and a nv genepl program fo r the un dergro unding of such faci lities. to move or change the
Permtttee"s Factlrnes w1thm or admce nt to rights of wav in a 111· manner ei the r tem poranlv or
permanently t he C1ty ,hall notJt'v the Perm,ttee at least 90 d,ivs in a dvance 0 xce pt 111 the ca e of
e me rg e ncies. of the Cm··. mt e n11 on t.o perform or have s u ch Work pe rform ed . The Permmee s hall
~hereu pon at its . ole cost and expe nse . accomphs h the necessa rv relocation remova l or cha nge
w1thm a reason able ume from he d n1e of th e notification but in no event later t han three Wor king
davs pnor to the date the City hil s noufied t he Pe rmittee that it intends to co mmence ,ts Work or
11nmedia telv m the ca e of e me rge nc1e . Coon the Permittee"s fa ilure to accomplish s uch Work the
Citv or other public agenm:. or .pecial d1stnct may perform such Work at the Pe rm1ttee 's expense
nnd the Perm1ttee s h all re imburse t he City or other agencv within 30 davs a fter rPce rnt of a written
1111·0 ,ce . Following relocati on a ll a ffe cted propertv shall be res tored to at a mm1mum the conditwn
whi ch e xisted pr10r to co nstruction the Perm1 tt ee at the Permi ttee"s expense . Notwithstanding the
requ1r e ments of the Secuon a Perm1tte e m av rea uest add it1o na l ti me to co mplete a relocation
uro1ect. The Cj tv Manager s hall grant a re aso nable extension ,fin hi s so le discretion. the e xten sion
will not adverse lv a ffe ct the Citv uromct.
1 l -li-2 1: ABANDONMENT AND REMOVAL OF FACILITIES:
~t10n of Abandoned Fac ilitie s . Any Permittee that intends to di sco ntinue use of a nv
Fac ilities w1thm the publi c rights of wav s hall non fv the Citv Manage r m wntmg of the
intent to discontinue use . Such notice shall describe th e Facilities for which the u se is to be
discontinued a date of discontinuance of use which da te s h a ll not be less than thirty {30}
days from the date s u ch noti ce is s ubmitted to the Ci tY Manager and the method of rem oval
a nd restoration. The Permittee may not remove. destrov or permanentlv disable anv s uch
Facilities during said thirty (3 0} day period without written a pproval of the City Ma nager .
After thirty (30) davs from the date of such notice the Pe rmittee s hall remove and di s po se of
s uch Facilities as set forth in the notjce as the same may be modified by the City Manager.
a nd shall complete such removal and disposal within s ix months. unless additional time ,s
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requested from and appr oved bv the Citv Manager.
Conveyance of Facilities. At t he discretion of the Citv a nd upon written notice from the Citv
Manager within thirtv (30) davs of the notice of ab a nd onment the Permittee may abandon
the Facilities m place . and s h all further co nvey full ti tle a nd ownership of such abandoned
Facilities to the City . Th e cons1derat:on for the convevance is the Citv's permission to
abandon the Facilitie s m place . The Permittee is res pon sible for all obligations as owner of
the Facilities or other liab,lities associated therewith until the conveyance to the City is
completed.
11-6-22: EMERGENCY PROCEDURES:
8nv person maintaining Facilities m the public wav may proce ed with repairs upon ex1stmg
Facilities without a Permit when em ergency circumstance. de mand that the Work be done
immediately. The person doing the Work shall a pplv to the Citv fo r a Permit on or before the third
Working day after such Work has co mmenced . All emergencv Work will require pnor telephone
~fication to the City.
11-6-23: REVOCATION OF PERMITS:
~. Permit Revocation or Su. pen sion . Anv Permit may be revoked or suspended bv the Ci tv
Manager after notice to the Perm 1ttee for :
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J,. Vio)at.jon of anv co ndition of the Permit or of anv provision of this Chapter.
~. Violat10n of anv provision of anv other ordinance of the Citv or state law re~
the Work .
~. Existence of any co ndition or performance of anv act which the Citv determme s
constitutes or causes a condition endangering life or damage to property.
Stop Work Order Effective Immediatelv . A suspension or revocation bv the Citv Manager.
and a stop Work order s h a l) take effect immediately up on notice to the person performmg
the Work m the publi c wa v. or to the Permittee's last known address .
Q. Working Without a Permit and Other Violations. A stop Work order may be issued by the
Cjty Manager to anv person or persons doing or causing any Work to be done in the public
way without a Permit or in violation of any provisi on of this chapter or any other ordinance
of the Cjty .
!J . Appealing a Suspension Revocation or Stop Work Order. Any suspension or revocation or
stop Work order mav be a ppealed by the Permjttee to t he City Board of Adjustment and
Appeals by filing a wrnte n notice of appeal wjthjn thirty days of the action .
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Sectjon 6. Safety Clauses The City Council, hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood . that 1t is
promulgated for the health, safety, and welfare of the public. and that this Ordinance is necessary for
the preservation of health and safety and for the protection of public convenience and welfare. The City
Council further determines that the Ordinance bears a rational relation to the proper legislative obJect
sought to be obtained.
Sect10n 7 . Seyerabjlity If any clause, sentence, paragraph. or part of this Ordinance or the
application thereof to any person or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect impair or invalidate the remainder of this
Ordinance or its application to other persons or circumstances.
Sectjon 8 Inconsjstent Ordjnances All other Ordinances or portions the.reef mcons1stent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
Sectjon 9 . Effect of repeal or modjfication The repeal or modification of any provision of the Code
of the City of Englewood by this Ordinance shall not release , extinguish, alter. modify , or change in
who le or in part any penalty, forfeiture , or liability, either civil or criminal. which shall have been
incurred under such provision, and each provision shall be treated and held as still remaining in force
for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the
enforcement of the penalty, forfeiture .or liability.as well as for the purpose of sustaining any judgment.
decree, or order which can or may be rendered, entered, or made in such actions. suits, proceedings, or
prosecutions.
Sectjon 10 . fewllty. The Penalty Provision of E.M.C. Section 1-4-1 shall apply to each and every
violation of this Ordinance.
Introduced, read in full, corrected and passed on first reading on the 15th day of May , 2000.
Published as a Bill for an Ordinance on the 19th day of May , 2000.
A Public Hearing was held on June 5, 2000.
Amended, introduced, read in full and passed as amended on the 21st of August. 2000 .
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Published as an amended Bill for an Ordinance on the 25th day of August, 2000.
AITEST: Thomas J . Burns, Mayor
Loucrishia A. Ellis, City Clerk
I , Loucriahia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above
and foregoing is a true copy of an amended Bill for an Ordinance, introduced, read in full. and passed
as amended on the 21st day of August, 2000.
Loucriahia A. Ellis
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COUNCIL COMMUNICATION
Date Agenda Hem Subject
August 21 , 2000 11 a i City Rights-of-Way
Ordinance
INITIATED BY
Public Works Department I STAFF SOURCE
Ken Ross. Director of Pub lic Works
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Title 11 , Chapters 3A, 38, and 3C , and Title 12, Chapter 4 of the Municipal Code that deal w ith
construction perm its and requ irements in the pub lic way were adopted in 1985.
City Council approved the proposed C ity Rights-of-Way Ordinance , (Council Bill No . 40 ) on first reading
on June 5 , 2000.
RECOMMENDED ACTION
The Public Works Department recommends that Council approve on first read ing the ord inance
repealing Title 11 , Chapters 3 (A), 3(8), and (3C), and Title 12, Chapter 4 , and the creation of a new
Title 11 , Chapter 6 , entitled City Rights-of-Way -Permits and Requirements, of the Englewood
Municipal Code . And Public also requests that City Council set September 5 , 2000 as the date for the
Public Hearing on this matter.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Public Works has been enforcing this portion of the code since 1985. In 1996, the federal
government mandated that there be no barriers of entry for telecommunication companies to
enter markets . As a result , in certain areas of the country telecommunication service providers
have exploded from one provider to fifty providers. The 1985 Code does not enable staff to
protect the public's investment in our street improvements. Th is was not perceived as be ing a
problem prior to 1996, when there were only three major private providers of services using our
rights-of-way to conduct business. But any time a street cut is made, the serv ice life of the
roadway surface is adversely affected. Colorado law allows municipalities to recover costs for
the use of rights-of-way, providing the charges are directly related to the costs arising out of the
right-of-way usage . The Right-of-Way Committee of the Greater Metro Telecommunications
Consortium (GMTC) has examined cost recovery fees used throughout the country , and has
recommended a Model Right-of-Way Ordinance . Staff has taken the model ordinance and made
minor adjustments in order to deal with specific issues and challenges that we face in our city .
The telecommun ication and utility companies have numerous issues and objections with the
cost recovery fees proposed by the GMTC. The fee amounts will be addressed in a separate
resolution. Staff is recommending that the controversial fee elements be left out of the
resolution until the Colorado Supreme Court reaches a decision on the U .S . West
Communications and City of Denver case .
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In June, City Council adopted on first reading the proposed Title 11 , Chapter 6 , City Rights-of-
Way -Permits and Requirements Ordinance. At the public hearing McLeod USA, indicated a
desire to see certain changes made. Staff has reviewed their letter, and we have decided to
implement three of their recommendations. In addition, we realized that certain key
components of the 1985 Code were left out of the proposed Title 11, Chapter 6, City Rights-of-
Way Ordinance that was submitted for City Council approval on June 6. The Ordinance has
now been revised to include the above referenced McLeod USA recommendations and the key
1985 Code components.
Since the first public hearing on this matter, we have received comments and concerns from US
West, AT&T, and Public Service Company. A number of their concerns and issues have been
addressed and incorporated into the Right-of-way Ordinance. As a result of all the changes
made, it is necessary to have another public hearing on this proposed ordinance . The letters
and memos containing their concerns are attached .
FINANCIAL IMPACT
...
The proposed Title 11, Chapter 6 , creates the mechanism to charge fees to cover the costs associated
with private individuals and companies that use public right-of-way. The proposed fees are not being
established at this time but the mechanism will be put into place with the adoption of this ordinance .
The cost for administration of th is ordinance will increase , because this code requires greater
communication and coordination between the City and the telecommunication and service providers ,
and detailed records of street histories must be factored into the proposed permit fees . The "user fees" )
that will be adopted by separate resolution will cover the increased administration costs. The proposed
fees will also result in increased revenues.
At the present time the City of Englewood does not have a mechanism for recovering for the
degradation caused by street cuts or for the inconvenience caused to our citizens when access to
portions of streets are denied when private companies are doing work in the right-of-way. Cost
recovery for degradation and inconvenience caused will not be part of the initial fee resolution, but they
may be later, if the Colorado Supreme Court gives direction on these issues.
UST OF ATTACHMENTS
Proposed Ordinance
Public Comment Package
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TO:
THROUGH:
FROM:
DATE:
SUBJECT:
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MEMORANDUM
City Council
Gary Sears , City Manager
K,n Ross, Dim,o,ofPubli, w-.$
Jul y 14. 2000
RIGHT-OF-WA y ORDNANCE, UTILITY corvlPA."1-Y A.'Jl)
TELECOlVl.:Vfl:~1CATIO:,.i COlVlPA .. ',-Y RESPONSES
Since draft ing this ordinance. we have met with representatives ofC.S . West and the Greater
Metro Telecommunications Consortium (GMTC). We have also received written replies from
U.S. West. AT&T , and McLeod USA.
The general response to the ordinance has not been favorable .
McLeod CSA listed fourteen points in their response . Staff re,·iewed :VkLeod' s memo and. in
response. we have agreed to make three modifications to the ordinance :
-We corrected references to probationary and initial acceptances .
-We reduced the GMTC standard 3-year warranty down to 2 years.
-We clarified the section regarding inspections .
We chose not to modify a number of their requests :
-All users should be subject to the fee provisions. The ordinance is wrinen to exempt City
employees/departments. This means that the Utilities Department will not be subject to
permit fees and degradation fees . These fees are merely put into the General Fund, so it
made no sense to transfer money from the Utilities Department to the General Fund. This
was also an issue with U.S. West.
-All degradation fees co/leered should be dedicated to fuwre street construction . Our street
maintenance budget requests are based upon our perceptions of what street maintenance
improvements need to be accomplished each year. These requests are generally in the S 1.8
million dollar range . City Council has been supportive of our efforts and requests. The
revenues received will be very minimal in comparison to the overall needs of the City.
-Reduce the bonds once the project is completed. We agree that maintenance costs are
generally lower than construction costs . However, because a large portion of the work is
below the surface. it may take a long time to identify installation problems. And once
identified, they can be very expensive to repair. As a result , we do not feel it is prudent to
reduce the bond .
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A.· Pnn1ed on Recyc lad Paper . ~
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OC /OZ /00 10 :24 FAX l 311 ~90 1101 ICLEOO LEGAL
To : City orEnslewood
From: Loli Owens. Mc.LeodUSA Telecommunications Semccs, Inc.
Date : June 2. 2000
Re : Ripr .. f-Way Ordlllua. City ofiastewead. CO
~002
Thanit you for lcecpiaa M:LeodUSA infanned of the City', ongoing ef!or-.s to e:11et a right-or-way
ordinam:: ~ will govern of=e 1111 oftbe ;,ublic riJ!::Mf-way. 'McleodUSA fully su;,por-..1 :hi!! effort.
AJ you to:mider this ROW Ordinance, MtLeodt.:SA weu!d liice to !l.&h)ight ~ ;,rovi110:1s :hat ~y
Wlr.'lnt n;.nher ?'CYiCW .
Pma!tFees.
Section 11-6-5. A. 10. ne ;irovision :.'lat s:J.tes · ''?'!y ti!e !"ee3 '' s.':.:"J:c! ~e c!.a.-if.ec . '!::.: City !l':c'.:lc!
consicer ?:lakin& refer~ces 1c the va."ious :"ee ~ec-=c~.
Section 11-6-6. Permit Fee / .Proposed F'!e Sdltdll!e. It is Mc!.eodUSA 's u::cers-.md.iq :ha: :_y Fee
Schedule will not be reviewed until the nat City Coicc:l meeting. AJ sue!:.. it :nay be be::e.5.cia: to
cons:der the followin& points:
Y.akc a distinction between the ar:Flication fee anci the dcgrldat:on fee.
E::.51!.""e that all user, o! the rilhts-of-way, iil<:ludini :z:unicipal =ntities. ;:,ay the sm:ie ;,emu: fee.
i:i.::!l.:dinJ de~on, so tl1at the eo1:s to mmage the ri&hts-of-way ar: equally sham! by all u!e:-s
Encourage the joint builds by specifying ~ ac:ual reduction in per.:-.it fees .
E:i.s•.i..~ that the degradation fee remitted to the City ve dedicated to :'.!tt..~ ~ :econs::uc::cn
i,rojec:s.
Ensure that a Pe:ir:ine: t!I not subject to :-esto:it:i: t.~ rights-cf-~ay to tbe:r orig;r,.aJ conditm1 ~
payi:,g degradation fees . I! a. depad.aton !"ce is collec-.:d for some rute~on work. sw:!l :u ove:-la~.
a P~.ittee is al."Udy ratar'.n& the ~ in S\ .:!1 a n:atmC' tbat ill useful Ii~ would not be :-:daced
cc r-:~iiring a de~on fc: may be u:'.lleccsn:y .
El'.!Sure that ill the evct the City Mmag:: bas di~tion to red:Jce degn.c.ation fees paid ,y c~n
user., of the rights-c:.,..,,y Tbat all reduc!ians ar: applied in a toJDFCt;tively neutr~ and no:-
di sc:imiDau,ry manner ar.iong the user! o!":he ri&Jr•-of.way .
Section 11-6-9. lload. A Pcmrittoe !!howd be allowed to red~= the bond amount subsec;\:.ent to
comple:iq the tonstnle:ion. u mainte:si:ce com l1C lower tlum comC".-eiion com.
Sect1o!! 11-6-10. Perfonna11ce Warnaty / Guaratee.
CB ·, and (C) There are ~mrenees to theptobatonsrz: ace~ md tl:.: ~ ac~~ce oftbc Woric !>y
lhc Ci:v . If thcae two acts are dif'~t. it ii not t?ear as tc w!1al u:e dil!ereace ii . lf lbese two ICU are the
same. ;e City sbould eomid: uq t!le sicc wordin& to refiact that :nlml.
MCLll,Dl;SA Tsa,._.. !'AU 6400 CS-: SW !"O Bos 3117 c::.tiAa lAll:Jl. lA '240t-31~
~ 119-:!64-0000 Pu 119-~':'901 llllp :1,.,_.e t C nacam
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June 30 . .200 0
Leigh Ann HofThines
City of Englewood
3-.00 South Elati
Englewood. Colorado 801 !0
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Re: Proposed Telecommunic:uions Right-of-way Ordinance
Del! Leigh Ann :
ATITB.-
8CCO S3St 'll ff ,.;ve nue
Deriv er ::.:>1oraoo 9023
Over the past yeJr. the j ur:sdic:ions in the gre:uer Denver metropolitan JreJ !'la\·e been
experienc ing an incre:ising number of inqu iries from businesses requesting penmss1on to
occupy their rights-of-way. ,\ T & T applauds the Greater .\(erro Te lecomrr:unic:it ions
Consoniwn for proacuvely seeking an effective method for managing the p-owing
demand on these resources.
As you know , the GMTCs Right-of Way Committee prepared a mode! o rd inance that
would gove:n the use and occupation of the public rights-of-way by te!ecommunic:uions
service provi ders including . .\ T &T . We , along with other industry represent::uives.
apprec iated the opportunity to meet with the Committee and discuss the dr:ift of the
proposed ordinance.
During these meetings AT & T and the other industry representatives have repeatedly
voiced their concerns over this draft. Our respective legal departments strongly believe
that the draft does not comply with Colorado law , especially with regard to SB-10. and
the T.-\BOR . .\mendment. In fact. depending upon how the dr:ift is ultimately structured.
it may even violate the Federal Telecommunications Act of 1996, Public L:iw 104-104 .
'.\fore importantly, however, AT&T would note that the Colorado Supreme Court is very
close to re:iching a decision in C.: 5 WEST Communications. et .ii. v. Ciry of Denver, ~o.
99 SA 219. a case which is expected to provide substantial guidance for c:ties in the
promulgation of right-of-way ordinances such as the GMTC draft. Or:il argument in that
c:ise concluded on June 12, and a decision is expected shortly . It is premarure to consider
an ordinance of this narure. prior to having access to the Supreme Court 's opinion in this
matter. If :he City of Englewood chooses to proceed in advance of that decision, there is
a substantial risk that the resulting ordinance will be the subject of yet additional
liugauon. The resulting expense and lack of certainty will be detriment:i.l to the interests
of the City itself and. most importantly, your constiruents .
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U S WEST, Inc. ''°' C-.. s-. Suile 5100 0.-.~ 80202
Sl38724133
F-lll3 2M-2115
Federico C. Alvara ---
March 6, 2000
VIA ELECTRONIC MAIL
Kenneth S . Fellman, Esq.
Kissinger & Fellman, P.C.
3773 Cherry Creek North Drive
Suite 900
Denver, Colorado 80209
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Re : Greater Metro Telecommunications Consonium Model Right of Way Ordinance
Dear Mr. Fellman :
Thank you for inviting US WEST 's comments to the Greater Metro Telecommunications
Consonium (GMTC) Model Ordinance. I will respond on behalf of U S WEST, as Mr. Peter
Kirchhof is presently out of town. U S WEST submits comments addressing general concerns
since local governments need not adopt GMTC's proposed ordinance entirely . We will be
unable to review the fee schedules from which GMTC models its fees or the extrapolation of
those fees to this area. In addition, if some of our major concerns are not addressed, we can
foresee that GMTC and we will simply agree to disagree . If so , U S WEST will need to address
specific concerns on a city by city basis.
U S WEST's concern generally is that the model ordinance imposes regulation on our
business affairs in excess of the local government authority to manage the right-of-way. The
federal telecommunications law establishes a context for the rapid deployment of
telecommunications services and competition for the benefit of the consumers. However, some
themes in the proposed ordinance are at odds with this context and instead constitute barriers to
telecommunications providers.
Section VIl of the proposed ordinance .would impose future rental fees on industry to
generate revenue rather than to manage the right-of-way. This action would explicitly
contravene the federal Telecommunications Act of 1996 and C.R.S. 38-5 .5-101, et seq. It would
be a depanure from the concept wherein local governments act as trustees of the public right-of-
way to instead act as its owners. Generally, developers include right-of-way in developments
and do not sell it to local governments. Understandably, residents then expect that the right-of-
way will be used to facilitate their utility services, not rented out thus creating higher prices .
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Kenneth S. Fellman. Esq.
March 6, 2000
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We hope that you consider these concerns u you finalize the proposed ordinance. We
have been, and will continue to be, present in the GMTC conununities and expect to continue our
amicable relations. We will have representation at the March 7, 2000 GMTC meeting.
Sincerely,
_(fwd~
Federico C. Alvarez
Senior Attorney
FCA/psc
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JUL-17-2000 16=58 KI SS I NGER 8. FELLMAN 303 3~0 6613 P.02/05
KlsslNGER & FELLMAN, P.C.
ATTORNEYS AT LAW
PT4UIICAl'I "-'CZ. ~U"' -
fflJ CIIUY CUIK NOant NIVf.
aJCHAIII> P. XIISINC.ER
KUINE'Tlf S. FULNAN
c;,uiy ,. AL8llEClfT
D111Y1K. COLOMDO -~Ii (JU)J:10-'IDe
FAX , (.IUI-U
ROIUT ~ JAIIOS. P.C.
ore-...
C. NAUD ADAMS
JVINIP'EJl II. MILEY
CARY \.ICPMf.~'iO:,O
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July 17, 2000
Marprct Lejuste
Director of Government and Commwlity Affairs
AT&T Broadband
8000 East Iliff A venue
Denver. Colorado 80231
Re : G ,\ITC Model Right of Way Ordinance
This letter is in response to your letter dared June 30. 2000. In that lc:ner you re;:r::se:11 :h:.i.t
AT&T" s legal department and the leG:i.l de;,artments of other industry reprcsentati vcs bc!i c:v e th:.i.t
the Model Rii:ht of Way Ordinance d=s not comply with Colorado law. spec:ific:illy SB IO ar.d the
TABOR Amendment. You also state that the draft may even violate the Fede:al
Telecommunications Act of l 996. As you know, the Model Ordinance is approximately 4 0 pages
long. Surely, you arc not suggesting that the entire Ordinance violates Colorado law. I am c e:-1:.i.in
that the industry rcprcscntltives who participated in these discussions are not now taking the i:o si tion
that those: sections of the Ordinance that were chani:ed to address your respective concerns are
somehow in violation of sate and federal law. It is unproductive to make broad. ge:.er31ized
statements regarding the legality of the Ordinance. We have informed :iii of the industry partic ipants
that the GMTC is most ccnainJy willinc to consider specific legal arguments that c:onc:em specific
sections of the Ordinance. We had these discussions durin& our meetings. and on at lc:i.s t some of
the issues, we agreed to dis.igrcc with respect to our legal interpretations. It is unclear ~om y our
letter what your specific complaints refer to .
Regarding the reference to the US West c:ase. that c:asc may very well provide substantial
guidance for both local governments and the industry regarding the parameters of right of w3y
regulatory ordinances. On the other hand, depending upon how the Court addresses the issues. th..:
decision may provide very linlc guidance. As we have mentioned in our prior meetings. locJ!
&ovcmmcnt:s arc being over-run with a dramatic increase in requests to do work in the rights of way .
Local i:ovcmments do not want to stop that work, pending a Supreme Court decision that :nay or
rnay not clarify regulatory boundariH. At the same time. most local eovcmmcnts have a regulatory
fr:unework for right of way management which inadequately procei:ts public health and safety. None
of the industry representatives suggested that it was premature for industry to be working in the
rights of way pending the outcome of the Supreme Court case:. Likewise. the GMTC did not believe
it was smart policy for local governments to ignore public health and safety concerns while waiting
for the Supreme Court to decide the US Wcm case .
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RESOLUTION NO. _r;9;;
SERIES OF 2000
J) //ei
A RESOLUTION DESIGNATING THE ENGLEWOOD DEPOT LOCATED AT 3090
SOUTH GALAPAGO STREET AS AN HISTORIC PROPERTY IN THE CITY OF
ENGLEWOOD, COLORADO .
WHEREAS, the Englewood City Council enacted an Historic Preservation Ordinance in
an effort to preserve, protect and promote the value of historic properties located within the
City of Englewood : and
WHEREAS, the Englew ood Depot was erected in 1915; a nd
WHEREAS , the Englewood Depot was build in the "county seat" style of architecture
with stucco on wood frame and is the only known surviving building of its type in Colorado;
and
WHEREAS, the Englewood Depot served Englewood and nearby Ft. Logan and helped to
distinguish Englewood as a ci ty in and of itself, separate from Denver; and
WHEREAS , as of November 9 , 1994, the Englewood Depot has been listed on t he State
Register of Historic Pl aces as Site No . 5AH778; and
WHEREAS , the Englewoo d Depot meets the criteria set forth in the Englewood Historic
Preservation Ordinance:
• The Englewood Depot is at least 50 years old.
• It is a building, structure within a district which embody distinguishing
characte ri stics of a n architectural type inherently valuable for a study of a
period, style, method of construction, or of indigenous materials or
craftsmanship .
• It is a structure which exem plifies the broad cultural, political , economic or social
history of Englewood.
WHEREAS , the Engl ewood Planning a nd Zoning Commission held a Public Hearing on
July 18 , 2000 and the Englewood Planning and Zoning Commission recommended designation
of t he Englewood Depot as an Englewood Historic property;
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CTIY OF ENGLEWOOD
3400 S. Elati Street
Englewood. CO 80110
Historic Preservation Application
For Individual Property Designation
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Name of Applicant C ~ ,.., ,;/ y Sc:: w fr
Address of Applicant '3 0 b ".3 S ;:; ,. S.,...
Telephone Number '3o 3 -7'if f -c .;.. 7')-
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Name of Property Owner ~ c 7 leu ,,,J /J , r ~;,... c..-..1 5 c · c "--I)
Age of Structure (verification required by assessor 's information, abstract etc .)
Statement of Historical Significance _,7,,~"'"'"--'"r;:,-;,"'..,....'.....-"-"'--:a,;;;:;;...;;;,=;"'-'----'::..:_..:._ ___ -"-"--'--'
; r 111 ,. .,.. · · • .9-,
J";r < fe..J Vl '='c.. t,..,I f.l~,r o ~ t,-.._ ,.::.. / /-;,, ,?J ,
.Required Materials: Reproducible photo of property
Check in the amount ofSl00.00 payable to the City of Englewood
::::}!~e ,~se~\'.:·
Date of Application (\~ I ~ t 2{JJ) Public Hearing Date ~~) ] . 2.Cou
Fee Paid------------Check Number _________ _
Attachments : Criteria for Designation
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NOW , THEREFORE, BE IT RESOLVED BY THE CITY COU NCIL OF THE CITY OF
ENGLEWOOD, COLORADO , THAT :
Sectjon 1. The Engle woo d De pot be desi gnated a historic property.
ADOPTED AND APPROVED this 21st of August , 2000 .
ATTEST: Thomas J. Burns, Mayor
Bre nda J . Castle, Deputy City Cle rk
I , Brenda J. Castle, Deputy Ci ty Clerk for the City of Engl ewood, Colorado, here by cer ify
the above is a true co py of Re so lution • o.~ Series of 2000 .
Bre nda J. Ca stle
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COUNCIL COMMUNICATION
DATE: August 21, 2000 AGENDA ITEM SUBJECT: Englewood Depot
11 Ci Historic Property Designation
INITIATED BY: Community Development STAFF SOURCE: Lauri Dannemiller, Planning
Analyst
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION:
No previous action has been taken on this subject.
RECOMMENDED ACTION:
Staff recommends that City Council adopt the attached Resolution for Historic Property
Designation for the Englewood Depot, located at 3090 South Galapago Street.
BACKGROUND:
Englewood Historical Society has applied for Historic Property Designation for the Englewood
Depot. Erected in 1915, the Depot was built in the "county sear style of architecture with stucco
on wood frame and is the only known surviving building of its type in Colorado . The Depot
served Englewood and nearby Ft. Logan and helped to distinguish Englewood as a city in and
of itself, separate from Denver. This structure has been listed on the State Register of Historic
Places (as of 11/09/94, Site# 5AHn8).
Staff recommends approval of this application based on the criteria set forth in Historic
Preservation Ordinance (16-4-24) and is supported by documentation asserting the structure is:
• at least 50 years old;
• a building, structure or group of structures within a district wh ich embody distinguishing
characteristics of an architectural type inherently valuable for a study of a period , style ,
method of construction, or of indigenous materials or craftsmanship ;
• a structure which exemplifies the broad cultural , political , economic or social history of
the City of Englewood.
On July 18, 2000 a Public Hearing was held before the Englewood Planning and Zoning
Commission . The Commission unanimously recommended this property for Historic Property
designation. Findings of Fact were approved on August 8, 2000 and support of this
recommendation is being passed on to City Council for final authorization.
Note that the designation is being sought for the Englewood Depot itself, and the designation
has no connection to the Depot's site or location , as it is known to have been moved from a
previous site to the current location .
FINANCIAL IMPACT:
None
LIST OF ATTACHMENTS:
Resolution for Historic Property Designation
Historic Preservation Application
Findings of Fact
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CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
IN THE MATI'ER OF CASE #HD-2000-02)
FINDINGS OF FACT, CONCLUSIONS )
AND RECOMMENDATIONS RELATING )
TO IDSTORIC DESIGNATION OF THE )
ENGLEWOOD DEPOT, 3090 SOUTH )
GALAPAGO STREET, ENGLEWOOD, CO. )
INITIATED BY:
Cindy Scott, on behalf of the
Englewood Historical Society
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FINDINGS OF FACT AND
CONCLUSIONS OF THE
CITY PLANNING AND
ZONING COMMISSION
Conunission Members Present:
Conunission Members Absent:
Lathram. Stockwell. Weber. Willis . We lker
Rininge r . Sauter. Goodyear. Rempe l
This matter was heard before the City Planning and Zoning Conunission o n
July 18. 2000. in the City Council Chambers of the Englewood Ci"ic Center.
Testimony was received from staff. The Conunission rece ived notice of Public
Hearing. and the Staff Report. which were incorporated into and made a part of
the record of the Public Hearing.
Neither Ms. Scott. nor any member of the general public was present to testify
on this issue.
After considering the statements of the witnesses. and reviewing the pertinent
documents. the members of the City Planning and Zoning Commission made
the following Findings and Conclusions .
FINDINGS OF FACT
1. THAT the application for Historic Designation of the Englewood Depot.
3090 South Galapago Street. was filed by Ms. Cindy Scott on behalf of
the Englewood Historical Society.
2 . THAT notice of the Public Hearing was given by publication in the official
City newspaper. the En~ewood Herald. on July 7. 2000.
3 . THAT testimony was received from Planning Analyst Dannemiller regard-
ing eligibility of the Englewood Depot structure for Historic Designation.
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4 . THAT historic designation is sought only for the Englewood Depot struc -
ture. not the site at 3090 South Galapago Street. because the Depot has
been relocated from its original site .
5. THAT the Englewood Depot has been placed on the Colorado Register of
Historic Places through the Colorado Historical Society.
6 . THAT no member of the general public was in attendance to address the
Commission on this issue.
CONCLUSIONS
l . THAT the application for Historic Designation of the Eng lewoo d Depo t
was filed by a representative of the Englewood Historical Soc iety.
2 . THAT proper public notice of the Public Hearing was give n b y publica-
tion in the Englewood Herald on March 17. 2000 .
3. THAT the Englewood Depot does meet eligibility requirements for His-
toric Designation:
a . The structure must be at least 50 years old.
This particular structure was built in 1915.
b . The building. structure . or group of structures within a district
which embody distinguishing characteristics of an arc hitectural
type inherently valuable for a study of a period. style. method o f
construction. or of indigenous materials or craftsmanship.
The structure was built in the "councy seat" scyle with srucco
on wood.frame. and is the only known survii:ing building of i ts
type in Colorado.
C. The building or structure must exemplify or reflect the broad cul-
tural. political. economic or social history of the City of Englewood .
Arapahoe County. the State of Colorado. or the United States.
The Englewood Depot served Englewood and nearby Ft.
Logan. and helped distinguish Englewood as a city in and of
itself. separate from Denver .
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DECISION
THEREFORE. it is the decision of the City Planning and Zoning Commission
that the Englewood Depot structure. presently located at 3090 South Galapago
Street. should be granted Historic Designation status.
The decision was reached upon a vote on a motion made at the meeting of the
City Planning and Zoning Commission on July 18. 2000. by Weber. seconded
by Willis. which motion states:
The Planning Commission approves and recorrunends historic designation for
the Englewood Depot structure. presently located at 3090 South Galapago
Street.
AYES :
NAYS:
ABSTAIN:
ABSENT:
Willis. Lath.ram, Stockwell. Weber. Welker
None
None
Rininger. Sauter. Goodyear. Rempel
These Findings and Conclusions are effective as of the meeting on July 18.
2000.
BY ORDER OF THE CITY PLANNING a ZONING COMMISSION
Carl Welker. Chairman
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RESOLUTION NO. Yl/ L
SERIES OF 2000 ~
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A RESOLUTION REQUESTING THAT JOQ TRANSFER OWNERSHIP OF THE HOTEL
AND RESTAURANT LIQUOR LICENSE OPTIONAL PREMISE TO THE CITY OF
ENGLEWOOD, COLORADO.
WHEREAS , the City of Englewood i s the owner of the Englewood Golf Course located in
the City of Sheridan, Colorado ; and
WHEREAS, JOQ is the concessionaire at the Englewood Golf Course and holds a Hotel
and Restaurant Liquor License Optional Premise issued by the City of Sheridan ; and
WHEREAS , JOQ ha s notified the City of Englewood that they no longer wish to remain
as concessionaire ; and
WHEREAS , the City of Engl ewood will manage the concessions at the Englewood Golf
Course until a new concessionaire is selected; and
WHEREAS, the City of Engl ewood will operate the busines s for the length of the Hotel
and Restaurant Liquor License Optional Premise and is requesting a transfer of uch from
JOQ to the City of Englewood , Colorado ;
NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO , THAT:
Sectjon 1. The City Council of the City of Englewood , Colorado hereby authorizes and
requests that JOQ transfer own ership of the Hotel and Resta urant Liquor Li ce nse Optional
Premise to the City of Englewood, Colorado.
Sectjon 2. The City Council of the City of Englewood hereby authorizes the Englewood
Golf Course Manager to apply and hold the Hotel and Restaurant Liquor License Optional
Premise until a new concessionaire is selected.
ADOPTED AND APPROVED this 21st of August, 2000 .
ATTEST:
Thomas J . Burns, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis , City Clerk for the City of Englewood , Colorado, hereby certify the
above is a true copy of Resolution No.~ Series of 2000 .
Loucrishia A. Ellis
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COUNCIL COMMUNICATION
Date Agenda Item Subject
August 21 , 2000 Englewood Golf Course Liquor
11 C ii License
Initiated By Staff Source
Department of Parks and Recreation Jerrell Black , Director of Parks and Recreation
Bob Spada , Golf Operations Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Ordinance #42-Series of 1997. Ordinance amending Golf Course Restaurant
Concession Agreement
Resolution #4-Series of 1996 . Resolut ion approv ing agreement with JOO . Corporat ion
RECOMMENDED ACTION
Staff recommends Council to adopt a resolution requesting and authorizing the transfer
of ownership of the Hotel and Restaurant Liquor license Optional Premise , from JOQ's
Corp . to the City of Englewood .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The restaurant contract was awarded to JOQ's in 1996 . The term of this agreement
was for five years and was to terminate in January of 2001 . JOO gave ninety days
written notice (per Section 23, Paragraph A, of the Concession Agreement ) on June 26 ,
2000 , to stop the restaurant operation effective October 2 , 2000 . However, due to
numerous staff problems , Julie Quinlivan, owner of JOO, requested to cease operation
after the day's business on Sunday , August 20 , 2000. Staff believes this decision is in
the best interest of the Englewood Golf Course and the City of Englewood . On Monday ,
August 21 , 2000, the City of Englewood will operate the Englewood Golf Course
restaurant until the selection and approval process for a new concessionaire is
completed . This requires the City to obtain a temporary Hotel and Restaurant Liquor
license. This will allow staff to serve beer, however, no hard liquor will be served .
FINANCIAL IMPACT
Transfer of ownership fee to the State of Colorado-$850.00
License Fee to the State of Colorado-$475 .00
Transfer of Ownership to the City of Sheridan-$500 .00
City License fee to the City of Sheridan-$75.00
Total Cost-$1,900.00
LIST OF ATTACHMENTS
Bid Proposal Tabulation
Bid Proposal
Memorandums (2)
Request for Bid
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RESOLUTION N0.7.i
SERIES OF 2000
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A RESOLUTION REQCESTI>IG THAT JOQ TR..\>ISFER OW. -ERSHIP OF THE HOTEL
A~D RESTAUR.\:::S:T LIQUOR LICENSE OPTIONAL PREMISE TO THE CITY OF
E::siGLEWOOD , COLOR..\DO .
WHEREAS , the City of Englewood is the owner of the Englewood Golf Course located m
the City of Sheridan , Colorado; and
WHEREAS , JOQ is the concessionaire at the Englewood Golf Course and holds a Hotel
and Restaurant Liquor License Optional Premise issued by the City of Sheri dan ; and
WHEREAS , JOQ has n otified the City of Englewood that they no longer wish to remain
as co ncessionaire ; and
WHEREAS , the City of Eng.e wood will manage the co ncessio ns at the Englewood Golf
Course until a new concess ionaire is selected: and
WHEREAS . the City of Englewood w 1 ope rate the business for the length of the H ote l
and Restaurant Liq uor License Optional Premise and is requesting a transfer of such fr om
JOQ to the City of Engle wood, Colorado:
NOW . THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
E>IGLEWOOD , COLORADO , THAT :
Section l. The City Council of the Ci ty of Englewood, Colo rado hereby authorize s and
requests that JOQ transfe r O\\'n e rsh1p of t he Hotel and Restaurant Liquor Li cense Optiona l
Premise to the City of Eng ewood, Color:ido .
Secuon 2. The City Council of the City of Englewood hereby authorizes the Englewood
Golf Course :'>lanag e r to apply and h old the Hotel and Re staurant Liquor License Optional
Premise until a new concessionaire is selected.
ADOPTED A~D APPROVED this 21st of August, 2000 .
r ado , hereby certify the I , Loucrishia A. Ellis , City Clerk for tJ,,ef City of Englewood, C
above is a true co py of Resolution No . .:.cfSeries of 20 . ~~~t!kJ
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RESOLUTION N<;J s
SERIES OF 2000
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A RESOLUTION SUPPORTING THE DEAL SHEET BETWEEN THE ENGLEWOOD
ENVIRONMENTAL FOUNDATION AND MJLLER/WEl:s!GARTEN CONCERNING SPACE
AT THE BALLY BUILDING .
WHEREAS , The Englewood Environmental Foundation was formed to relieve the
burdens which would otherwise be assumed by the City of Englewood . Co lorado. in
connection with the environmental remediation, land use planning and preparation for
redevelopment of the Cinderella City shopping center; and
WHEREAS, the Englewood Environmental Foundation was fo rmed to provide s upport for
the redevelopment and enha nce ment of the City's comm e r cial e nvironment and is a separate
and distinct corporation; and
WHEREAS, the City Co uncil of the City of Englewood . Col orado, supported the Master
Plan proposed on August 10 , 1998 by the Englewood Envu·o nm e ntal Foundation:
NOW , THEREFORE , BE IT RESOLVED BY THE CITY CO "N C IL OF THE CITY OF
ENGLEWOOD, COLORADO , THAT:
Sectjon 1. The City Co uncil of t he City of Englewood . Colorad o, he reby s upp orts the Deal
Sheet between Englewood Environmenta l Foundation a n d :\1 ille r/W e mgarten co nce rrung
s pace at the Bally building, attached a s "Exhibit A".
Sectjon 2 This re so lut10n of s upport in no way waives or dele gates the City's regulatory
powers, duties and re s pon si bilities with respect to zorun g a n d gove rnmental iss ue s .
ADOPTED A:-ID APPROVE D this 21'' day of August . 2000.
ATTEST: Thomas J. Burns, Mayor
Loucrishia A. Ellis, City Clerk
I , Loucrishia A . Ellis , City Cle rk for the City of Englewood . Colorado, hereby certify the
a bove is a true cop y of Reso lution No ._, Series of 2000 .
Loucrishia A. Ellis
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COUNCIL COMMUNICATION
DATE: August 21, 2000 AGENDA ITEM SUBJECT: Support of the Bally
11 C iii Lease Agreement for
CityCenter Englewood
INmATED BY: Englewood Environmental STAFF SOURCE: Rick Kahm, Board
Foundation Director, Englewood Environmental
Foundation
PREVIOUS COUNCIL ACTION:
On August 10, 1998, City Council adopted Resolution No . 90 , Series of 1998 supporting the
Master Plan proposed by the Englewood Environmental Foundation and Miller/Weingarten for
the Cinderella City site.
On November 2 , 1998, City Council adopted Resolution No . 101 , Series of 1998 supporting the
sale of property to Wal-Mart by the Englewood Environmental Foundation (EEF) for the
development of the CityCenter project .
On January 31, ~000. City Council adopted Resolution Number 4, Series of 2000 supporting
the final agreement for the sale of property from the Englewood Environmental Foundation to
Trammel Crow Residential.
RECOMMENDED ACTION:
Staff recommends that Council adopt a resolution , which supports the lease agreement
between Weingarten/Miller/Englewood LLC and the Englewood Environmental Foundation for
the Sally's building in CityCenter Englewood.
BACKGROUND:
On August 4 , 2000 EEF and Miller Weingarten closed on the lease of approximately four acres
of ground for retail development at CityCenter Englewood . The Bally lease is the first lease to
be brought forward by Miller Weingarten in this phase of the CityCenter development.
FINANCIAL IMPACT:
The proposed Resolution will demonstrate support for the EEF and Miller Weingarten as the
CityCenter Englewood moves into its final development phase .
UST OF ATTACHMENTS:
Proposed ResolU1ion
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PARTIES:
LEASED
PREMISES:
TRANSACTION
TYPE:
TERM:
PRICE:
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DEAL SHEET
BALLY
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Weingarten/Miller/Englewood LLC. Landlord ("WME") and
Englewood Environmental Foundation, Inc.
Approximately 12.000 square feet on the first (ground) tloor of the
proposed Bally Butlding.
Space lease, with one lump sum rental payment paid at the beginning
of the lease.
Approximately 75-years (expiring when the~ Ground Lease
expires).
The price will be actual WME cost , but not to exceed $690 ,000 .
Actual costs will consist of l) the actual hard cost and :!) actual soft
cost. computed as follows (formula necessary since the amount will be
a shared cost for the entire building):
A. Hard Costs: The "not to exceed" cost mcludes hard costs
computed on the basis of the mcremental cost of a 30 .000 foot
building vs . a 42.000 foot building. ~ has estimated the
cost of a smaller building at $2 . l million and the larger building
at $2 .6 million (the not to exceed amount also 111cludes a
contingency of 10% for incomplete design and costs not yet bid .
Accordingly , if the total cost of the building is $2 . i75.000 (S2.6 x
10%) or greater. the hard cost shall be deemed to be $550 ,000 .
If the hard cost of the total bwldmg 1s less than S2 .-75,000
million. the "savings" shall be shared based on a fraction. the
numerator of which is the squa re footage of the Leased
Premises and the denominator LS t he square footage of the total
building. For example, if the hard co st of the building 1s S2.6
million. there would be S 175.000 m savings . Assuming the
Leases Premises are 12.000 fe et and the total building is 42 ,000
feet , the savings allocated to EEF would be $50 ,000 (12/42 x
$175 .000). and the actual cost would be deemed $500,000 .
B . Soft Costs: Soft costs consist of architect and engineering
(A&E), development fee to ~IE. legal expense and interest.
l. The A&E shall be shared on the same formula (the square
footage in the Leased Premises vs . the square footage in
the total building), and shall not exceed $48 ,000 .
2.
3.
The development fee shall be 5% of the hard costs.
The legal fee shall be limited to WME's legal fees only for
the lease, with reprd to the apace leue, and shall not
exceed $15000.
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4. Interest shall accrue at the rate of one-half percent below
prime, based on the amounts advanced from time to time
for construction of the Leased Pre1I11Ses.
To illustrate the calculation of price for the leased premises. assume the total bwlding actual
cost at $2,600,000, total A&E at $168,000 . legal fee of SlG .000 and interest of $140.000. The
price would be $615,500 (hard cost= S500.000; A&E = S48.000--S168.000 x 12/42:
development fee= $25,000-5% of $500,000 hard coat: legal= S 15 ,000, the not to exceed
amount; and interest of $40,000 -Sl-l0.000xl2/42).
NOTE: Price does not include any tap fees , (any tap fees required as a result of
increasin& size of building will be obligation ofEEF).
CONDITION OF THE
LEASED PREMISES:
COMPLETION DATE :
CAM CHARGES:
T . .\.XES:
USES:
ASSIGNMENT
AND SUB-LET:
WME shall deliver to EEF the leased premises in the condition
set forth on Exhjb1t A.
The Leased Premises shall be delivered to EEF in the
conditions set forth on Exhibit,:\ no later than the outside date
VvYIE is reqwred to deliver Bally its space under the terms of
the Bally Lease. In the event such delivery date is later than
the eight (8) month period m the Ground Lease between EEF
and ~E. ~IE shall nevertheless be obligated to pay the
daily amount for delay to EEF as required under the Ground
Lease.
EEF shall pay a pro rata share of the CA.\1 charges (as provided
in the CAlvl Agreement with Wal~lart as supplemented by the
Joinder Agreement between EEF and \\i~lE. referred to herein
as the "Site CAJ\.l charges"), based upon square footage of the
building. EEF shall also pav a pro-rata charge of any building
CA.\11 costs (i.e . building ins~rance , utilines . ta.'teS [see below],
common maintenance etc.) EEF will provide its awn janitonal.
EEF shall have the right to have the Leased Premises
determined to be tax exempt, and VvYIE shall cooperate with
EEF in obtaining a tax exemption. To the extent the Leased
Premises are not exempt, EEF shall pay a pro rata share of the
real estate taxes based upon the square footage of the building .
Cultural Arts, City offices . storage or related City uses. and any
lawful use , provided 1) does not violate the ECR, and 2) does
not adversely impact the existing retail parking, (but in any
event, such use shall be entitled to not less than 3/1 parking. In
addition, in the event EEF desires to use such space for retail.
such use shall be subject to approval in the same manner as the
City approves first time tenants in excess of i ,000 square feet .
Right to assiiin or sublet with landlord's consent. which consent
shall not be unreasonably withheld or delayed. Assignee or
subleaaee ,hall acree to be bound by terms oflease, including
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MAINTENANCE
AND REPAillS:
DAMAGE;
DESTRUcrION;
INSURANCE:
COMMON AREA=
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provisions relatiJl( to permitted uses. EEF shall remain
secondarily liable for any financial obligations under the lease.
Landlord responaible all other coats relatiJl( to outside of
premiaea (unleu cauaed by tenant) and tenant responsible for
all other terma uwde premises (unlea caused by landlord). In
the event any IY8f,em (i.e. HV AC) is installed by Landlord and
used exclusively by EEF, EEF shall be responsible for
maintaininc such IY8f,em. Landlord required to maintain
buildins in first clau condition, and to provide snow removal.
Landlord required to maintain insurance for full replacement
cost; and required to replllr or rebuild in event of casualty
regardless to whether covered by insurance (will be part of
Buildins CAM charps). Tenant maintains insurance on EEF
and contents llllide premi&es . tenant will also maintain liability
insurance.
Cost to maintain any common areas inside building, if any, will
be part of the Buildinc CA.>\f charges and shared pro-rata based
on square footap .
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~"NT BY: MILLER WEINGARTEN; 3034140873; AUG-17 -00 10:30AM; PAGE 2/2
1-17-00
t. Slllre6aat (lllbjec:t to dllip) with GllO tally door.
2. One .... ..., door (lllbject to dllip).
3. TIVWIW caacntc floor with CIIIIMlt far~,).
4. l lOII RV AC per 400 lqllll9 k pamded 11a DOt dllln"buted.
S. I 00 1111P 120l208 vvl panel.
6. S1nmnl lluda@ 16" cm eaarcr witb bat inlulalion.
7. I 'ii" mid Wiiler liDe.
I. 0..AI HNI 1lllllerp,und N'ftl' line.
9. .Enrior building lidewalb lllll nilinp.
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RESOLUTION NO.
SERIES OF 2000
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A RESOLUTION FOR A TRANSFER AND APPROPRIATION OF FUNDS FOR THE HARD
AND SOFT COSTS OF PROVIDING THE DAVID TAYLOR DANCE THEATRE .
WHEREAS, the Englewood City Council approved the City of Englewood's 2000 Budget
on November 15, 1999; and
WHEREAS, the City Council has made the "cultural co mp onent" of the redevelopment of
the City Center Englewood a priority; and
WHEREAS, the inclus ion of the David Taylor Dance Theatre in the Project ha s been
discussed numerous times by City Council; and
WHEREAS, the p a ssage of this Resolution will transfe r a nd appropriate funds necessary
for David Taylor Dance Thea tre to be a part of the City Cente r Englewood Project by
providing the financial support for adding core and shell and some tenant finish for an
estimated 9 ,200 square feet to the Bally Building and Da vi d T aylor will pro";de financia l
resources to complete the final tenant firush ;
NOW , THEREFORE, BE IT RESOLVED BY THE CITY CO UNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , THAT:
Sectjon l. The City of Englewood 2000 Budget is he r e by a mended as follow s :
GENERAL FUND:
Source of Funds :
Unreserved/U ndesignated Fund Balance
u,e of Funds ·
Transfers Out t o Englewoo d Environmental Found a ti on
Section 2. The City Manager a nd the Director of Financial Servi s are
to make the above ch a nges t o the 2000 Budget of the City of Engl wood .
ADOPTED AND APPROVED this 21" of Augu st , 2000 .
by authorized
Thomas J . Burns, Mayor
ATTEST:
Lo ucrishia A. Ellis, City Clerk
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August 21, 2000
Initiated By
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COUNCIL COMMUNICATION
Agenda Item
11 C iv
Subject
Resolution appropriating and
transferring $690 ,000 for the hard
and soft costs of providing the Dav id
Taylor Dance Theatre (DTDT) and
an additional $275 ,000 for final
tenant finish at the Bally bu il ding on
the Ci enter En lewood site.
Staff Source
City of Englewood, Finance and Administrative Services Frank Gryglewicz, Director
De rtment
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The C ity Council has made the "cultural component" of the redevelopment of the CityCenter Englewood a priority .
The inclusion of the David Taylor Dance Theatre (DTDT) in the Project has been discussed numerous times by
City Council and staff. Council last discussed this issue at the August 14, 2000 Study Session and agreed to
provide the financial support detailed below .
The City Council will consider the "Deal Sheet" regard ing the David Taylor Dance Theatre on August 21 , 2000 .
RECOMMENDED ACTION
Staff recommends the City Council approve the attached resolution.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
This resolution supports the DTDT being part of the CityCenter Englewood Project by providing the financ ial
support for adding an estimated 9,200 square feet to the Bally building . The DTDT will join the City in providing
financial resources to complete the final tenant finish .
Upon occupancy of the space, the City will provide the David Taylor with $72 ,000 in annual support . Annual
payments will continue for the next four years , but will be reduced by $12,000 each year.
The sources and uses of funds are as follows :
GENERAL FUND:
Source of Funds:
Unreserved/Undesignate Fund Balance $965 ,000
Use of Funds:
Transfers Out to Englewood Environmental Foundat ion $965,000
FINANCIAL IMPACT
The City's General Fund reserves will be reduced by $965 ,000 .
LIST OF ATIACHMENTS
Proposed resolution I • 0
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I , Loucrishia A. Ellis, City Clerk for the City of Englewood , Co lorado, hereby certify the
above is a true copy of Resolution No ._, Series of 2000 .
Lo ucrishia A. Ellis
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RESOLUTION NO . -:Jg
SERIES OF 2000
//av
A RESOLUTION SUPPORTING THE DEAL SHEET BETWEEN ENGLEWOOD
ENVIRONMENTAL FO U NDATION AND DAVID TAYLOR DA NCE THEATRE .
WHEREAS , The Englewood Environmental Founda ti on wa s fo rmed to relieve the
burdens which would otherwise be assumed by the City of Englewood, Colorado. in
connection with the environmental remediation. land use pla nning and preparation for
redevelopment of the Cinderella City shopping center; and
WHEREAS, the Englewood Environmental Foundation was formed to provide support for
the redevelopment and enhancement of the City's comm ercial environment and is a separate
and distinct corporation ; and
WHEREAS . the Ci ty Co uncil of the City of Englewood . Co lorado. supported the Ma ster
Pla n proposed on Augus t 10 , 199 by t h e Englewood Enviro nm ental Foundation;
NOW, THEREFORE , BE IT RESOLVED BY THE CITY COU NCIL OF THE CITY OF
E NGLEWOOD , COLORADO , THAT:
Sectjon 1. The City Council of the City of Englewood , Colorado , hereby supports the Deal
Sheet between the Englewood Environmental Foundation and David Taylor Dance Theatre,
attached as "Exhibit A", for s pace at the Englewood CityCe nter .
Sectjon 2 This r esolution of s upport in no way waives or delegates the City's regulatory
powers. duties and res pon sib ilities with res pect to zonin g a nd governmental issues.
ADOPTED A~D APPROVED thi 21 " day of August. 2000 .
ATTEST : Thomas J . Burns, Ma yor
Lo ucrishia A. Ellis . Ci ty Clerk
I , Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
a bove is a true cop y of Resolution No._, Series of 2000.
Loucrishia A . Ellis
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COUNCIL COMMUNICATION
Date Agenda Item Subject
August 17 , 2000
11 CV
Resolution supporting the proposed
Deal Sheet with David Taylor
Dance Theatre for sublease of
space in the Bally Building
INITIATED BY STAFF SOURCE
City Manager's Office Michael Flaherty, Assistant City Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
In 1998 City Council designated approximately 15 ,000 square feet of space on the second floor of the Englewood
Civic Center for future cultural uses. The David Taylor Dance Theatre (DTDT) had originally been proposed as
part of the City's cultural facilities on the second floor of Civic Center . However, due to structural issues , the City
and DTDT jointly determined that their planned use was not feasible. Since that time , City staff has worked with
DTDT in attempting to find an alternate location within CityCenter. After discussions with representatives of Miller·
Weingarten and Tryba Architects, the City and DTDT have determined that space on the lower level of the
proposed Bally building as the preferred location for DTDT.
RECOMMENDED ACTION
Staff recommends council approval of the resolution supporting the Englewood Environmental Foundation to enter )
into an agreement with DTDT, based on the Deal Sheet developed at request of City Council.
BACKGOUND
In an effort to activate and energize CityCenter Englewood and to provide for a unique character to the
development, the City has explored opportunities for cooperation with cultural organizations at CityCenter.
City Council has attempted ove the past two years to secure the David Taylor Dance Theatre as a part of the
CityCenter Englewood project . The City seeks to support the Englewood Environmental Foundation in its
negotiation of a sublease with DTDT for use of approximately 9200 sq . ft . in the lower level of the Baily's Building
and to enter into an agreement with DTDT for the purchase of services includling four annual performances to be
held at CityCenter Englewood and discounted class offerings to Englewood residents, businesses and the
Englewood Schools . The proposed deal sheet is intended to represent the basic elements of the agreement
between the parties .
FINANCIAL IMPACT
By City of Englewood
Initial cost of "core and shell" finish to be provided by City
Maximum City expenditure for tenant finish
Staircase payments to DTDT by City over five years
Benefit to City of Englewood
Rental payments by David Taylor
Programming by David Taylor
$529,000
$275,000
$240,000
$ 34,375 (first five years)'
$ 360 ,000-in-kind (first five years)
Rental payments are subject to renegotiation for each additional five year option period .
LIST OF ATTACHMENTS
Council Resolution
Proposed Deal Sheet
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PARTIES:
SUB-LEASED
PREMISES:
TRANSAcrION
TYPE:
TERM:
PRICE:
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DEAL SHEET
DAVID TAYLOR
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Englewood Environmental Foundation. Inc., Landlord and David
Taylor Dance Theatre, a non-profit corp .. Leasee .
Approximately 9,200 square feet on the first (ground) floor of the
proposed Baily's Buildinc. The location of the subleased premises
shall be determined by EFF in its sole discretion.
Space lease.
Five (5) years with three, five year options to renew .
A . Costs to David Taylor Dance Theatre:
1. Monthly Rent. A five year lease, with monthly ··rent"
payments of$572.92. with renewable options every 5
years .
2. The David Taylor Dance Theatre would provide a payback
to EEF of one-half (l/2) of EEF's additional "final tenant
finish costs" amount. of up to $13 7,500 . over a five year
period. Thia payback would amount to "re1mburaement"
of $6.875 per year. If the lease II terminated before this
twenty year period. the total shall become due upon such
termination.
3. For the term of the lease and any renewals :
The David Taylor Dance Theatre would present four
programs annually in the outdoor piazza areas at City
Center Englewood. free to the general public : two of these
being "major", and two "2" being "minor", as ongmally
described to Council in the May 11 •b proposal [See
Exhibit A] .
The David Taylor Dance Theatre would offer all
Englewood residents and City Center Englewood complex
merchants discounts on classes and self produced
performances the David Taylor Dance Theatre presents
elsewhere in the metro area.
The David Taylor Dance Theatre will offer scholarships to
ALL Englewood Residents who fall below the "poverty
limit" income for a family of four ($31 ,050) aa stipulated
by the EnrJewood Housing Authority .
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The David Taylor Dance Theatre would cooperate and
network with Englewood Public Schools and the
Englewood Parks and Recreation toward developing
dance classes and programming.
B . Costs to Englewood EnVll'onmental Foundation:
l. The "core & shell" finish (based on Miller Weingarten's
updated estimate of S5 i .50 sq./ft.) with a final amount not
to exceed $529,000 .
2. An additional amount not to exceed $275,000 allocated by
EEF for "final tenant finish costs" in the new David
Taylor Dance Theatre 9 .2 00 sq./ft. space to be paid upon
completion of tenants· obligations under this Agreement.
3. $72 .000 paid to the David Taylor Dance Theatre during
the first year of occupancy t o help offset moving e:tpenses.
advertising, and programmmg costs, as part of a total of
$240,000 paid to David Taylor Dance Theatre during only
the first five years of the twenty year lease, on the
"stal.l'c:ise" payment plan :is outlined in David Taylor
Dance Theatre's May I l<h proposal [See Exhibit AJ :
$72,000 durinc the first year of occupancy ; $60 ,000 during
the second year : $48 ,000 the third year; $36 .000 the
fourth: and $24.000 dunng the fifth year.
Price does not include any tap fees. (any ta p fees required as a result of
increasing size of bu1ld1.ng will be oblig,mon of EEF).
All tenant finish not included m Exhibi t B ,s the responsibilicy of David
Taylor Dance The:itre .
CONDITION OF THE
LEASED PREMISES: EEF shall deliver to David Taylo r Dance Theatre t he leased
premiaes in the condition set forth on Exhibit,:\. with the
following li mitations .
CONTINGENCY DATE:
l. $529 ,000 for the ··core & shell" finish (based on Miller
Wemgarten's updated estimate of $5i.50 sqJ ft .).
2. An a dditional amount up to a ceiling of$275.000 allocated
by the City for ·'final tenant finish costs" in the new David
Taylor Dance Theatre 9 .200 sq./ft. space.
Painting and floor finishing , studio dance floor and carpet, and
any and all other coats above $275 ,000. will be the
responaibility of David Taylor Dance Theatre.
In the event David Taylor Dance Theatre fails to provide
evidence . sausfactory to EEF that David Taylor Dance Theatre
has sufficient funds to complete the project by July l , 2001 ,
either party shall have the option to cancel this lease .
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OBLIGATIONS OF
TENANT:
CAM CHARGES:
TAXES:
USES:
ASSIGNMENT
AND SUB-LET:
MAINTENANCE
AND REPAIRS:
DAMAGE;
DESTRUCTION;
INSURANCE:
1.
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Provide desicn with coat estimates for the leased space.
The desicn shall be at least equal to the Civic Center
standards.
2. Cooperate with EFF in completing the design of the
leased premiaes to meet the requirements of the general
contractor of the building.
3. Provide evidence of sufficient funds to complete tenant
finish as de1icned.
4. Complete all -5.na1 tenant finish" according to approved
plan including any items not provided by the landlord as
descnbed in "Exhibit B".
David Taylor Dance Theatre shall pay a pro rata share of the
CA.\1 charges (as provided in the CAM Agreement with
Wa!Mart as supplemented by the Joinder Agreement between
EEF and WME. referred to herein as the "Site CAi\1 charges"),
based upon square footage of the building. David Taylor Dance
Theatre shall also pay a pro-rata charge of any building CAM
costs (i.e. building insurance, utilities, taxes [see below].
common maintenance etc.) David Taylor Dance Theatre will
provide its own janitorial.
David Taylor Dance Theatre shall have the right to have the
Leased Premises determined to be tax exempt. and WME shall
cooperate with David Taylor Dance Theatre in obtaining a tax
exemption. To the eittent the Leased Premises are not exempt.
EEF shall pay a pro rata 3hare of the real estate taxes based
upon the square footage of the building.
Dance lessons and rehearsals with related office and storage
uses.
The Leasee may not assign or sublet the leased premises.
Tenant is responsible for all inside premises costs including
repair and maintenance of walls , restrooms and plumbing,
HVAC , and electrical.
Tenant maintaina its pro-rata share of fire and casualty
insurance maintained by owner as part of building CAM
charges. Tenant will also maintain liability insurance .
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Cost to maintain any common areu inside buildinc, if any, will
be part of the Buildinc CAM cbarin and shared by the
Landlord -David Taylor Dance Theatre, pro-rata baaed on
square footage .
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THE ENGLEWOOD CITY CO
MONDAY, AUGUST 21, 2
7:30 P.M .
Englewood Civic Center
1000 Englewood Parkwa y
Englewood , CO 80110
.1 . Call to order. f,J:j~~
,,, ~ Invocation . (), ~
µ-f ·~ 3. Pledge of Alleg;,ac,. ~
4 . Roll Call. (/ -/ ( ~'(: ~r0
5 . Minutes .
Cl.fl'-' ~.r{J Minutes from the meeting of Regular City Coun cil Meeting of Augu st 7, 2000./J~
6 . Scheduled Visitors. (Please limit your presentation to ten minutes.)
AA fuj~la Vivarttas will be present to address City Council regarding the trea tm ent of the
1vv ~ ~ public by Municipal Court employees.
7 . Unsc~e~~~~~5tes.) uµiu<~
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~,o;ra,;oa,, P,ocl,maUoas , aad Appo;ot..;~~'-@ ~~ ~
~ A letter from John M. Goodyear Jr. i~'.7}it~e:ig~tion from the Engl ewood
&1J~W;;;;;J;n1;;:;;s;/~-~~ a~
9 . Public Heari~ ~) ,,1/Ub(j i5' ~
~ A public hearing to gather public comment on Council Bill No. 61, amending the
EnglewoodVCo;ehensll Pia to include= P;n ~
PINN nale: I you • lllulllllly and need awdlary lllda or wvicN, plNN nollfy the City of Englewood
(303-712-2405) at..._ 41 hours In..,... of.._. NrvlcN .. IINded. Thank you .
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August 21, 2000 (f/ nn A J .,.. f~,. /
Englewood City C~uncil ~o
Page 2 p.(J.,l/<f"J.4M/
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10. Consent Agenda.
a. Approval of Ordinances on First Reading .
i. COUNCIL BILL NO. 70 -Recommendation from the City Manager's Office to
adopt a bill for an ordinance authorizing the CityCenter Englewood Common
Area Maintenance Agreement with the Regional Transportation District. STAFF
SOURCE: Mike Flaherty, Assistant City Manager.
ii. COUNCIL BILL NO. 71 -Recommendation from the Utilities Department to
adopt a bill for an ordinance approving a License Agreement and a Construction
Agreement for the City Ditch and Newton Tru st . STAFF SOURCE: Stewart H.
Fonda, Director of Utilities.
b. Approval of Ordinances on Second Reading .
C.
i . Council Bill No. 65, accepting grant funding in the amount of $7,500 from the
State of Colorado's Department of Local Affairs to support the Arapahoe County
Enterprise Zone.
ii. Council Bill No. 66, accepting a Grant of Property for th e continued
development of the Big Dry Creek Pedestrian/Bike Trail.
iii. Council Bill No. 67, approving the 2nd Amendment to the Regional
Transportation District agreement.
iv. Council Bill No. 69, authorizing a Temporary Construction Easement for Big
Dry Creek Bike/Pedestrian Path .
Resolutions and Motion~~:~
i . Rec , n from the ~~uni tevelop~t Department to approve,
ii .
by , a contract with Mr. Todd Siler for completion of the Art Wall at Wal-
Ma AFF SOURCE: Lauri Dannemiller, Planning Analyst.
Recommendation from Littleton/Englewood Wastewater Treatment Plant
Supervisory Committee to approve, by motion, a contract for facilities
assessment and planning. Staff recommends approving a contract with Brown &
Caldwell in the amount of $95 ,700. STAFF SOURCE: Stewart Fonda, Utilities
Director.
iii. Recommendation from the Littleton/Englewood Wastewater Treatment Plant
Supervisory Committee to approve, by motion , the purchase of an Ammonia
Analyzer. Staff recommends awarding the bid to the lowest technically
acceptable bidder, Ted Miller and Associates, in the amount of $25,235. STAFF
SOURCE: Stewart Fonda, Utilities Director.
,..._ nota: N you have• dl•blllty and need auxlllay aids or aervlces, p ..... notify the City of Englewood
(303-712-2405) al INat 48 hours In advance of when aervlces .. needed. Thank you •
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Englewood City Council Agenda
August 21, 2000
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IV. Recommendation from the Littleton/Englewood Wastewater Treatment Plant
Supervisory Committee to approve, by motion , a contract for construction
services for Service/Support Facility Expansi o n and Modifications . Staff
recommends approving a contract with Lon g Construction in the amount of
$925,000 . STAFF SOURCE: Stewart Fonda, Utilities Director.
v. Recommendation from the U tiliti es Departm ent to approve, by motion , a
contract for roof rehabilitation of the Clarkson Street reservoir. Staff
recommends awarding the bid to the low bidder, ABCO Contracting, In c., i n the
amount of $77,325 . STAFF SOURCE: Stewart Fonda, Director of Utilities.
11 . Regular Agenda.
a. Approval of Ordinances on First Reading .
Recommendation from the Department of Finance and Administrative Services
to adopt a resolution appropriating and transferring funds for the hard and soft
costs of the David Taylor Dance Theatre 's relocation to the CityCenter
Englewood site . STAFF SSJ'iRCE:
1
Franj Gryglewicz, Director of Finance and
Administrative Services./2)~
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Pleau note: If you have a dlublllty and need auxiliary aids or HrVlces, pluae notify the City of Englewood
(303-762-2405) at least 48 hours In advance of when HrVICN are needed. Thank you.
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Englewood City Council Agenda
August 21, 2000
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{1 v. Reco ation from the Englewood Environmental Foundation to adopt a
( /( /1 resolution supporting the deal sheet between the Englewood Environmental --; nJ Foundation and the David Taylor D,h~e T~ea~ .• ~T~F SOURCE: Mike
tl'f'17t-{) fl~i;; ;ty Manager. fJJHfl'IM/
12 . General Discussion .
a. Mayor's Choice .
b . Council Members' Choice.
13 . City Manager 's Report.
14.
a. CityCenter Englewood Update .
b. Rec ommendation to go into Executive Session folioing th:...'.egular City Coun c il
meeting to ~onnel issuei-~~
City Attorney 's Rw ~
Mjo,mmeot~.}--3r
The following minutes were transmitted to City Council between August 4 and Augu st 17, 2000 :
• Englewood Urban Renewal Authority meeting of May 3, 2000
• Englewood Urban Renewal Authority Special Meeting of June 21, 2000
• Englewood Parks and Recreation meeting of June 8, 2000
• Englewood Parks and Recreation Notice of July 13 , 2000 Meeting Can cellation
• Englewood Non-Emergency Pension Board meeting of Ma y 9, 2000
• Englewood Non-Emergency Pension Board telephone poll of May 9, 2000
• Englewood Public Library Board meeting of July 11, 2000
• Englewood Code Enforcement Advisory Committee meeting of July 19 , 2000
• Englewood Planning and Zoning Commission meeting of July 18 , 2000
P..._ note: If you have• dlublllty and nNd auxlllay aide or Ml'Vicn, pleue nolify the City of Englewood
(303-782-2405) at luat 48 houn In adv.-of when Ml'Vicn ... needed. Thank you .
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