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HomeMy WebLinkAbout2000-09-05 (Regular) Meeting AgendaJ- • • --------------;;;;-~----.--------~-----------.. ,--- ~tcmoer , .. lUOU ENGLEWOOD c1n· COUNCIL Regular Meeting PH -CB 68 -amending Eng. Town CeDler PUD Sip Standards .. ,/ • .. • - 0 J • ~-·------------:---------,------~~---- Regular City Council Meeting September 5, 2000 • • - ORD /I ~. f• /a, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79 RES0 /1 f• r• ~ 'f, sf. sf. 84, 85, 86, 87, 88, 89, 90, 91 • .. • . ' 0 0 0 I • 0 • • -• I . Call to Order • . ..... ... • • ' ENGLEWOOD CITY COUNCIL ENGLEWOOD. ARAPAHOE COUNTY. COLORADO Regular Meeting September S, 2000 • The regular meeting of the Englewood City Council was called to order by Mayor Bums at 7:50 p .m . 2. tn,·ocatlon The in\'ocation was given by Council Member Nabho lz . 3. Pledge of Allegiantt 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. Gra z uli s. Garrett , Wolos }11 . Yurc h,ck Bums Council Member Bradshaw City Manager Sears City Attorney Brotzman Deputy City C lerk C astle Senior Planner Stitt, Communi ty Development D irector Gryglewicz, Finance and Administrative Service Director Eaton. Human Re sources (a) COUNCIL MEMBER WOLOSYN MOVED, A~D IT WAS SECONDED. TO APPROVE THE MIN UTES OF THE REG ULAR MF.ETING OF AUGUST 21. 2000. Ayes : Nays : Abstain: Absent: The motion carried . 6 . Scheduled Visiton There were no scheduled visitors. 7. UnKheduled Visitors Council Members Nabholz. Wo lo yn . Yurchick . Graz uh s, Bums None Council Member Garren Council Member Bradshaw • ' .. • ) I • 0 - • • -• Eng lew ood City Council September 5, 2000 Page 2 • • -' (a) Clara Strogonova told Council she ha s a bu sine ss in Eng lewood and would like to .. complain about bad service. pathologica l liars and unqualified inspectors that the City ha s in mspecti o n. She said she bought her building in 1996 . The roofer put a ne w roof on the building. but used the wrong material for a cornmerc,al building . Smee then, she said. she ha s had problem after prob lem. She took th e roofer to coun. and they awarded her a fraction of the cost of dama ges . She sa id she came to thi s administration to complain about the City' in spec tor, who inspe cted a nd approved th e wrong msta lla11 o n of the roof. No bod y paid anent1on. she said . They did come to look at the roof. Fh·e peo ple were on th e roof. the supervisor of inspection office. and some other people . They left th e building ",thou, saying anything. Since then. I ha\'e come time after time . she said. and asked them to help me beca use thi s inspector approved the "Tong installation . She sai d she can not conta c t the busine ss, and ha s lost bu smcs days and money. The va lue of the building has gone down . and she became sick because ofth1 s. :'-I s. Strogonova said the last ca ll she made to thi s council member at large , she never returned th e ca ll . She sa id th e co unc il member said she would help her. that she would try, and would ca ll City Manager ea rs Thi s was a month an a half ago. but she ne ver called or came to the shop to see the problems . What kind of administration do yo u have . she asked . What kind of people are working here '' She said she ha s hea rd 1ha1 there are 5.000 people working for the City. What are the y doing here . she as ked . Wh o pa y them mone y. for what '! If they promise something, they ha\'e to delive r, if the y dra" money fr om thi s adm1111stra11011 Nobody WIii help me. no one will sympathize with me or my problem. she said . he said she "ants an answer, she wants responsible people to come to her build ing to see wh y th e in spe ctor app roved th e \\Ton g in stallation on a commercial building. Instead of the rig ht material. he used shin gles . she sa id . whi c h d id not glue to e.ach other. and the water went under th e shin gles . int o her sho p . She sa id she ha d to close her shop from Christmas to June because she developed a sic kn ess . Mayor Bums said he would ask the City Manager to investigate thi s matter. Ms . Strogonova said nobody acted. nobody gave her a helping hand . This Eng lewood ad min istrati o n 1s supposed to help me . she said, but they did nothing . Mayor Bums said he did not know the details of what happened here . but he would direct th e C ity Manager to investigate this maner and repon back to the Council. He fell thi s would be th e best thin g that C'ou nc 1l could do. She asked why they have this counci l member at large , and what is their duty . She asked 1fthey recel\·e money from this administration , because if they are working here , why ca n 't yo u find th em . What a useless position. she said. This is not fair , I pay taxes, and I want help from thi s administratio n, she said . Mayor Burns said they would get a repon from the City Manager on this . 8. Communications, Prodamatlons and Appointments (a ) A proclamation declaring the week of September 17 through 23. 2000 as Yellow Rib bon Youth Suicide Awareness and Prevention Week was consi dered . COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED. TO APPROVE A PROCLAMATION DECLARING THE WEEK OF SEPTEMBER 17 THROUGH 23 , 2000 AS YELLOW RIBBON YOUTH SUICIDE AWARENESS AND PREVENTION WEEK. Ayes : Nays : Absent: The motion carried. 9 . Public HHrin1 Council Members Nabholz, Garren, Wolosyn, Yurch1 ck , Grazuli s, Burns None Council Member Bradshaw • • ) I • 0 • • Englewood City Council September 5. 2000 Pa ge 3 • • • (a) COl'NCIL MEMBER NABHOLZ MOVED. AND IT WAS SECONDED. TO OPEN A PUBLIC HEARING TO GATHER INPllT ON COl'NCIL Bill NO. 68. A:\IENDING THE ENGLEWOOD TOWN CENTER PLANNED LNIT DE\'ELOPMENT SIGN STANDARDS. Ayes : Nays : Absent : Coun ci l Members Na bh o lz. Garrett . Wolo syn . Yurch,ck. Gra z ul,s. Bums No ne Counci l Member Bradshaw The motion carried and the Public Heanng ope ned . Senior PlaMer Sun . who wa dul y sworn . advised that th e topic tonight"" a re, 1s1on to the sign standard s of the Engl ewood To"11 e nter PCD. The PlaMmg Co1TU11.1ss 1on considered 1l11 s proposed amendmenl a1 a publi c heanng and their recommendauon wa s for approval. wi th transmi ssion on to C 11 y Coun c il for final action . Mr. tin presented Proofof Publicauon of th e 'otice of Publi c Hearin g m 1he Eng le"ood Herald on August 11. 2000 . At the time the Englewood To\\11 Center Planned Umt De,elopment "" appro ,ed. he sa id , we were unsure exactly what type of tenants would be pamcipat mg m the redev e lopment of1he C mderella Ci ty si te , and . as such, we adopted the sign standards of o ur zomng ordmance As 1h e development moved along. he explained. we began to realize th ose sign standards were 1101 go mg 10 be adequate for the type of development that Englewood To\\11 Center. or, as 11 ,s no" alkd. C 11 y( e n1 ,·r Englewood, would tum into . We chose to retain a consultant to help review s1gna ge 111 1he me tro area . and specifically for tlu s sue , he sa id. and ha ve developed a se t of regulauo ns that "e belie, e are cream e an d will c reate the type of signage that compliments the type s of development th al "e are see mg no " a, CityCenter. Mr. St itt advised that. principall y, thi s set of re gulanons 1dentifie four l)'J)C> o f de ta il or commercial development Mthm the center nse lf. Most of th e regulano ns be for e o un 11 ar e take n as a base from the existing sign code and have been revised to refl ec t the ty'J)e of de, e lopment that "e ha, e h,·,e at C ityCenter. The depanure these regulations present . he aid. are m tem,s o f the types o f 1gnag e th at a rc allowed, and the maMer in which the sign area 1s calc ulated . Specifi call y. "e ha,e four t)'J)e of development this code anticipates. and those are based on sizes . he said . We ha,e "hat "e call 1 ype A. which is a de velopment of 50.000 square feet m area or greater. Fo r mstan ce . 1hat \\Oulu be 1he Wal -~1an site, which is the greatest user on the si te . The ne xt ca tegory 1s T)'J)C B, he contmued. "h1,·h ra nge fr o m 20,000 square feet to 49,999 square feet . Ty'J)C ranges from 10 .000 10 19 .999 square fe e t an d ·1 )l'e D. 1h e smallest type. is up'to 9.999 square feet. he sa id . We have pro\'1ded. m the regula1,ons . -ome e,ample, of how the signage would be applied. Two facets of these regulations are most mt erestmg . he said One ha, to do with the letter size for the individual development types . We ha"e Type A developments whi ch all o " a ninety-six inch capital letter with all other letters m th e name at Se\'enty-t wo inches. You nught ha"e a sign on the face ofa building. for instance , Wal-Man could ha,e nmety-s1x inch hi gh c a p11al lett e rs. Th e ir sign, howeve r, will not be that large . The Type B development . which 1s 20.000 to 49.999 square feet , allows a forty-eight inch capital letter with other letter no greater than forty mc he s. he adv1 ed . Th e 'I )'PC Callows forty-two inch capital letters and the remammg letters at thiny-four inches. wh il e Type D all o " twenty-four inch ca pital letters and eightee n mch rema mm g le tter s. That is imponant. because mos , of the types of signage that we \\ill have m thi s development will be Oat-panel signs hke thi s, however. thi s panicular s ign regulation encourages what we ca ll volume signs. Mr. Sutt said he would like to present a piece of infom1ation from the Code to be tt er ex plam ho" volume signs work. Us ing the document camera. Mr. Stitt said , for the purposes of di sc ussion. he would hk e 10 use the example that is in the regulations themselves. We have here a cube with the following dimensions : n 1s four feet by three feet by five feet , he said . The four foot dimension is across the bottom axis , the five fool dimension is from top to bottom, and the three foot dimension is from front to back . Because we want to encourage signs that are three dimensional , we are giving essentially a credi t for three-d,men sional sign s. If yo u would compare thi s sign. face B, for instance , is four feet b y fiv e feet. or twenty square feel. What we have done in these regulations is to only count the largest face . So in thi s example, face B would be twenty square feet. Faces C and A would be fifteen square feet , so this sign would only account for twenty square feet . The advantage of doing that is , rather than count all the si des that are visi ble, which m th, • ) I • 0 • • • Englewood City Council September 5. 2000 Page 4 • • - case would be t"enty for 8 . and fifteen for A and C. so if yo u counted the three ,de tha t we ha,·e illustrated here . you would have fifty sq uare feet of sign area . but. m fact . we are onl y cou nt mg th e larges t face. which is twenty square feet. So there ,s an mce ntive . he said. for someone to put up a volume sign that would have exposure on more than one face. but only count as twenty square feet. For example. a twenty square foot flat panel sign obviously has only one face. whereas. a volume sign that has its large t face twenty square feet. in this example , actually has a lot more surface that ca n be re ad. In esse nce. 1f yo u take a look at this podium and envmon s1gnage on all three sides. we would only count the larges t face against the allotted signage for that pan1cular busine ss . It encourages more creative type s of s1gnage . he said. That panicular aspect 1s quite umque . he said. opinmg that there are not very many places in the metro area that consider volume signs in qune the sa me way . Mr. Stitt said regulations are qune dry. and do not reall y give a se nse of what we are trying to achieve . so we have included . in the packet. mformation on vario us types of sign s. Mr. Stitt showed various examplt's on the document camera . He a,d he would be keeping a notebook of s1gnage that exemplifies what we are trying to accomplish here at C 1tyCenter. He showed two examples of a residential entry sign which wa s an awning-type sign over an entryway. These are examples of signage in Denver. he sa id . He showed another example where there 1s signage on three sides of the sign . He said we want to encoura ge proJectmg sign . and there "~II be ample opponunity for even the small retailers to have these types of signs. becau e the type of development that we have is as much pedestrian oriented as it is auto onented. espec ially on Englewood Parkway. Another category sign is a blade sign. which is very smular to a proJectmg sign. except we have only one connecuon to the wall. and that is known as an armature . The e are genera ll y smaller scale signs . he aid, but would fit in nicel y with some of the smaller retail. Mr. S un hO\, ed an example of a proJectmg ,·olume sign. In this case. there are only two faces . he said. but 1f we were calculatmg the area that would be attributable to this sign. we would onl y co unt the area on o ne of th e largest faces . In effect, this sign gets twice as much coverage for only half as much sign area. he sa id . Mr. Stitt showed some examples of what we do not want to see . He showed an example of Goo Ga La Doos III Denver. Although it is not quite apparent in this image. he said. there are seve ral different type of signs at work here . in fact they are competing against one another. Yo u have the neon lett ers at the top. you have a projecting sign. you have a sign on an awning. and. not quite visi ble in thi s image . there are al so signs on the "indows. We believe this type of signage is overkill. he said, confuses the pubhc and does not do anything to enhance the look of the building , so that would be prohibited We have another example of excessive signage in Jamba Juice on the Sixteenth Street Mall , he said . Agam, yo u ·ve got signage . wall signage or flat panel signage on two faces . there is signage in the "i ndows. and if you were to look up above the first floor . you would see a projecting sign . That type of signage is overpowering for the space 11 is in and our design standards in this set of regulations would not allow such a combination. he said . Mr. Stitt showed an example of excessive signage area and volume in the Ro ss Dre ss for Less store on the Sixteenth Street Mall. You have a projecting sign on the comer. We would encourage that type ofs,gn. by the way. it is not that we are prohibiting those , it is just that , in combination with the re st of thi s. 111 overpowering. We have signage on each of the windows. there is signage on the faces of the a,mings, as well as in the lower Mndows. Mr. Stitt said his only thought here is that the people who run this bus111es s want to make ure everyone knows it is Ross , and he felt one or two signs would ha ve accomplished th at. Showing a picture of almost everyone 's favorite coffee shop. Starbuck 's, Mr. Stitt said this is a good example of how to use a combination of signa_ge that does not overpower. What we have in thi s case ,s a blade sign on two comers. as well as awning signage, and incidental signage in the windows . advenising products they have available, which 1s tastefully done and in scale with the development . Like"~se. m the regulations themselves , we have some examples of types of signage we would like to see . This is reverse channel letters that are halo illuminated, so the neon is behind the letter. In the daytime , yo u would see the "G" in Guarantee Bank, but at night , because the neon is behind it , it glows . We encourage neon, but thi s set of regulations does not prefer exposed neon only, or what is known as skeleton neon. In this case , we have neon enclosed in a recessed metal channel , and this is the type of signage we would encourage . Mr. Stitt showed another example of internally lit neon, Mth the name routed into the panels . Combinations of letters and graphics are acceptable in this, in fact it makes a very striking sign in the daytime and in the .. ) I • 0 • • • Englewood City Council September 5. 2000 Page 5 I· • ~, ... • . . • - evening with the back-lit letters, he said. Also on the document camera, Mr. Stitt sho "·ed an e xa mple that was prepared by the consultant to show what you could do with a projecting volume sign . In th is case . th e way the staff would calculate the area that would be charged for this s ign is j ust to insc ribe the sign in th e volume shape, whether rectangular, cubic or even round for that matter. and calculate the area o f th e la rge t face . The blade signs are very appropriate for the type of de velopment we are goin g to ha,·e. he sai d. Another thing we want to encourage is canopies, and this code would allow either a name or a logo on each canopy that a building might have. The types of businesses we anticipate locattng on Eng le wood Parkw ay could very effectively take advantage of this type of signage, he said. With this set o f regulatt ons . "e believe we have been able to provide the retailers and commercial tenant s of th is deve lo pment wuh some basic signage that allows them to advenise and identify themselves as well as a creat ive edge that contributes to the overall aesthetic of the development. Mr. Stitt asked if there we re any quest io ns . Mayor Bums asked if there has been any feedback on some of the proposal s mentioned toni ght. fr om so me of the retailers corning in and submitting sign proposals. Mr. Stitt said there have been two responses. We spoke with the Wal-Man peo ple earl y o n about the signagc, and these regulations were designed to accommodate what they were pro posing. Also. in rev is in g these regulations, we have talked with the Office Depot people about what they wo uld see as appropria te for their size building. These regulations have been re viewed b y Miller We ingane n and have been used as pan of their marketing strategy. so we belie ve that all the tenants th ey ha ve contacted are aware o f th ese signage regulations. From the feedback that we have gotten so far , there does not seem to be any pro blem with complying with these regulations. he said. Mayor Bums said Wal-Man is supposed to open in fifteen days . He asked if they have a sign that is be in g fabricated and approved. Mr. Stitt said a permit was issued for all their s ignage on the building. and that has been at least two or three weeks ago . They have some ofthetr s tgnage up . but it may be a while . rig ht down to the wire. before they have all their signage up before they open, he said . C ouncil Member Yurchick asked what happens if the sign does not meet the dimensions set out. He asked if the design review board has the right to approve something. Mr. Stitt said the design review board has the ability, not to override the regulations, but to suggest revisions to the proposed sign that brings it more in confonnance. We always have the Board of Adjustment and Appeals if a panicular busine ss feel s th at the amount of signage these regulations provide is not adequate. Based on the input from the consultant and his team's experience in designing signage for commercial developments, he said. we feel thi s ,s mo re than adequate, in fact, it gives an incentive to those businesses that want to be a bit mo re c reative in th ei r signage. Mayor Burns asked if there was anyone else who would like to speak re garding s ignage. There wa s no one . COUNCIL MEMBER GARREIT MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLI C HEARING. Ayes : Nays : Absent : Council Members N abholz, Garren, Wo lo s yn , Yurc hic k, Gra zuli s. Burns None Council Member Bradshaw The motion carried and the Public Hearing c losed. 10. Conwnt Agenda MAYOR BURNS REMOVED AGENDA ITEM 10 (c) (I) FROM THE CONSENT AGENDA . • ,. > I • 0 • -• Englewood City Council September 5, 2000 Page 6 • . . • - Mayor Burns explained that City Anomey Brotzman had asked him to pull 10 (c) (i), a recommendation from the Human Resources Depanment to adopt a resolution approving the cost of living adjustments for 2001 . City Anomey Brotzman said this was because there is an error. Currentl y the resolution reflects tha1 the paycheck would start in 1999, rather than 200 I . [Clerk 's note : See page 8 for consideration of Agenda Item ( 10) (c) (i) J COUNCIL MEMBER GARRETI MOVED. AND IT WAS SECONDED. TO APPROVE CONSENT AGENDA ITEMS 10 (a) (i). 10 (b) (i), (ii). (iii). AND 10 (c) (ii). (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO . 72 , INTROD UCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNM E1'TAL AGREEMENT FOR THE GRANTING OF A LICENSE BY REGIONAL TRANSPORTATION DISTRJCT (RTD) TO THE CITY OF ENGLEWOOD FOR THE BIG DRY CREEK TRAIL. (b) Approval of Ordinances on Second Read mg (i) ORDINANCE NO . 66. SERJES OF 2000 (CO NCIL BILL NO . 6 1, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AMENDING THE CITY OF ENGLEWOOD COM.PREH ENS IV E PLAN TO INCLUDE A REGIONAL PLAN ELEMENT. (ii) ORDINANCE NO. 67 , SERIES OF 2000 (COUNCIL BILL NO . 70. INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ENGLEWOOD ENVIRONMENTAL FOUNDATION, IN C .. THE REGIONAL TRANSPORT A TIO .' DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO ENTITLED "COMMON AREA MAINTENANCE AGREEMENT." (iii) ORDINANCE NO. 68 , SERIES OF 2000 (CO 'C IL BILL NO . 7 1. INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING A ·'GRANT OF CONSTRUCTION EASEMENT" AND "LI CEN E AGREEMENT" FOR THE CITY DITCH TO JAMES Q. NEWTON TRUST . ( c) Resolutions and Motions (ii) RESOLUTIO 0. 78, SERIES OF 2000 A RESOLUTION APPROVING AN APPLICATION FOR A GREAT OUTDOORS CO LORADO PLANNING GRANT WHICH WILL ASSIST IN FUNDING A SOUTH PLA TIE RIVER/SANT A FE CORRIDOR OPEN SPACE PLAN . Vote rnult1: Ayes: Council Members Nabholz, Garren, Wolosyn. Yurchick, Grazulis. Buras Nays : None • ) I • 0 •' • -• Englewood City Council September 5. 2000 Page 7 Absent : The motion carried. 11 . Regular Agenda • ... • - Council Member Bradshaw (a) Approval of Ordinances on First Reading There were no additional ordinances submined for approval on first readmg . (See Age nda Item 10 Consent Agenda .) (b) Approval of Ordinances on Second Reading There were no additional ordinances submined for approval on second reading. (See A11enda Item 10 Consent Agenda .) (c) Resolutions and Motions ( i) Drrector Gryglewicz presented a recommendation from the Depanme nt c,f Finance and Administrative Services to adopt a resolution approving a supplemental appropnauon to th e 2000 Budget for furniture purchases in the Civic Center. Mr . Gryglewicz said thi s re so lutt o n nuke, an appropriation from the Capital Projects Fund of$ l 52 .600 .00 , transferred out to the En glewood Environmental Foundation for additional furniture for the new C ivic Center. It wa s appropnated m pn or budgets , but not expended until the move over to the Civic Center. he explained . RESOLUTION NO . 79. SERJES OF 2000 A RESOLUTION FOR A TRANSFER AND APPROPRJATION OF FlJ 1DS FOR HIE PURCHA SE 0 1· FURNITURE IN THE CIVIC CENTER. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED. TO APPROVE AGE:\'DA ITEM 11 (c) (i) -RESOLUTION NO. 79, SERIES OF 2000. Ayes : Council Members Nabholz, Garren , \Volo syn. Yurchi ck. Grazuli s. Bums Nays : None Absent : Council Member Bradshaw The motion carried. (ii) Director Eaton presented a recommendation from the Human Re sour ces Department to approve, by motion, the appointment of a hearing officer for a di sciplina ry appeal filed by Carl Carrell . Ms. Eaton reminded Council that they have previously appointed three heanng o ffi cer s to a board . She recommended that Council appoint one of those hearing officers to hear this current disciplinary appeal that was filed by one of our ex-employees at the Wastewater Treatment Plant , Carl Carrell . She said their resumes are attached. Mayor Bums said we have Ronald Cohen, Ben Aisenberg and Michael Lawrence . He asked ho " man y o f these have been appointed before. Ms . Eaton said we currently have Ben Aisenberg working on an appeal. and the other two have both worked before. MAYOR BURNS MOVED, AND IT WAS SECONDED, TO APPOINT MICHAEL LA WREN CE AS HEARING OFFICER FOR A DISCIPLINARY APPEAL FILED BY CARL CARRELL. Ayes : Nays : Council Members Nabholz, Garrett . Wolosyn, Yurchick, Grazuli s, Burns None • .. ) I • 0 • • -• Englewood City Council September 5, 2000 Page 8 Absent : The motion carried. • • - Council Member Bradshaw Council Member Garren said he thought Mr. Lawrence was the attorney for Mr . Carrell. MAYOR BURNS MOVED. AND IT WAS SECONDED, TO WITHDRAW HIS MOTION. .. Ayes : Council Members Nabholz. Garren. Wolosyn . Yurchick . Grazul is. Bums Nays : None Absent: Council Member Bradshaw The motion carried. Mayor Burns said we only ha ve two selections. Mr. Aisenberg and Mr. Cohen . MAYOR BURNS MOVED, AND IT WAS SECONDED, TO APPOINT BEN AISE!liBERG AS HEARING OFFICER FOR A DISCIPLINARY APPEAL FILED BY CARL CARRELL. Ayes : Nays: Absent : The motion carried. Council Members Nabholz, Garren. Wolosyn. Yurchick. Grazuhs , Bums None Council Member Bradsha w • * ••• 10 (c) (i) Council Member Garren asked ifwe should now consider Agenda Item IO (c) (i). Ma yor Bums asked Director Eaton to address this issue. City Attorney Brotzman said. under Section I . Council needs to correct it to show 200 I m each place where it says 1999. Council Member Garren asked if we are still using 199 8 as the base wage . Ms . Eaton said no . that shou ld be 2000, and the first paycheck is January 4 , 2001 . Council Member Garren asked if Section I should now read "'The City Council of the City of Eng lewood. Colorado hereby approves the follo,.ing pay increases on the 2000 base wage rate . effective the fir st paycheck of2001. wtth a pay date of January 4. 2001 for the calendar year of 2001. .. M s . Ea ton sa,d tha1 ,s correct. The resolution was assigned a number and read by title . RESOLUTION '0 . 80, SERJES OF 2000 A RESOLUTION APPROVING COMPENSATION PLANS FOR MA AGERIAL. SUPERVI SORY , CONFIDENTIAL, UNCLASSIFIED AND PART-TIME BENEFITS-ELIGIBLE EM PLOY EES OF THE CITY OF ENGLEWOOD FOR THE YEAR 2001. COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED. TO APPROVE AGENDA ITEM 10 (c:) (I) AS AMENDED-RESOLUTION NO. 80, SERIES OF 2000 . Ayes : Council Members abholz, Garren. Wolosyn. Yurch1ck , Grazuhs. Bums Nays: None Absent : Council Member Bradshaw The motion carried . ) I • 0 • • • Englewood City Council September 5, 2000 Page 9 12 . General Discussion (a) Mayor's Choice •,. • . . • - Mayor Bums stated that Mayor's Choice and Council Members ' Choice occurred in Srudy Session. but there were three resolutions for consideration at this time . They establish the annual sa la ry for the Ci ty Attorney. the City Manager and the Municipal Coun Judge . As we vote o n these. he said . we mi ght have a little explanation as to why these increases have occurred. (b) Council Members' Choice (i) A resolution establishing the annual salary for th e City Att orn ey \\as cons idered . Mayor Bums commented that Council has granted raises for the City Att orney annuall y for the past coupl e of years to bring him up to the level of other City Attorneys for sinular sized cities m the metro area . A couple of years ago, City Attorney Brotzman was far below his colleagues. and we have continued to move him up so he is competitive with other cities of similar size . RESOLUTION NO. 8 1, SERIES OF 2000 A RESOLUTION ESTABLISHl i G THE ANNUAL SALARY FOR T H E C ITY A lTORS EY. COUNCIL MEMBER WOLOSYN MOVED. AND IT WAS SECONDED, TO APPROVE AGE~DA ITEM NO. 12 (b) (i)-RESOLUTION NO. 81. SERIES OF 2000. Ayes : Council Members Nabholz. Garren. Wolosyn , Yurchi ck. Gra7li h s. Bums Nays : None Absent: Council Member Bradshaw The motion earned. (ii) A resolution establishing the annual salary for the C ity Manager wa s considered . Mayor Bums said Englewood is unusual in the Denver metro area. as it is a full serv ic e city, which mean s it provides all of its own water and sewer treattnenl . and all of the facilnies that a city prondes. Tiiere are no special distncts in the City of Englewood that provide services, so it is a much more compl ex opera uon than a lot of cities around here. including very large ci ues like Aurora . Lakewood and Littleton . II I a complex Job. and we have tried 10 bring City Manager Sears up 10 a leve l that reflects the complexit y of 111 s Job and to be compctiti,·e with other cities of similar size . RESOL TION NO. 82, SERIES OF 2000 A RESOL TION ESTABLI SHI NG THE ANNUAL SALARY FOR T H E C ITY MA , AGER . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM NO. 12 (b) (ii) -RESOLUTION NO. 82, SERIES OF 2000. Ayes : Council Members Nabholz, Garren, Wolosyn, Yurchick , G razuli s. Bums Nays: None Absent : Council Member Bradshaw The motion carried . (iii) A re solution establishing the annual sa lary for the Munic ipal o urt Judge "as considered . Mayor Bums commented that we have a very acuve Municipal Court, With one Judge . We ha ve some s ubstitute j udges as needed, he allowed, but our judge ha s been very acuve in estabh shm g th e • ) I • 0 • • • Englewood City Council September 5, 2000 Page 10 1· ... :. ·~ • .. • -... new coun facilities and has been very cooperative with City Council. Mayor Bums said he is very impressed with how dedicated this judge is to his job, so we tried to make hi s salary co mpe11t1\'e . al so. RESOLUTION NO. 83. SERIES OF 2000 A RESOLUTION ESTABLISHING THE AN UAL SALARY FOR THE M UN ICIPAL Jt;OGE. COUNCIL MEMBER WOLOSYN MOVED, AND 11' WAS SECONDED. TO APPROVE AGE~DA ITEM NO. 12 (b) (iii) -RESOLUTION NO. 83, SERIES OF 2000. Ayes : Council Members Nabholz, Garren, Wolosyn , Yurch1ck . Grazuh s. Bums Nays: None Absent : Council Member Bradshaw The motion carried. (iv) Council Member Garren said he did not have a chance to talk abo ut thi s uem 111 Study Session. He expressed appreciation for the jobs the City Anomey and the City Manager ha ve done . They are going through, what he considers, very complex times for a city of our size . Thi s project with General Iron Works coming on board and some of the things we have going take a lot of time and effo n that the City is having to dedicate . He felt the City Anomey and City Manager have sho \\11 a lot o f professionalism, along with the rest of the City staff, in making these projects happen for the C it y . ..... Mayor Bums said registration needs to be approved, at $325 .00 each. for those peopl e go in g to th e Ra ,1- Volution Conference. He said he was reminded to do that, because Counc 1l 1s supposed to apprO\'e the e expenditures when they anend conferences. He said he did not know ho" many "ere going . It "as decided to approve funds for six members to anend. Mayor Bums ad\'ised that the pnce in creases aft er th e s"'. so he asked that registrations be in before then. MAYOR BURNS MOVED, AND IT w AS SECONDED. TO APPROVE A REGISTRA no:-. t'H OF $325.00 EACH FOR ALL COUNCIL MEMBERS WHO REGISTER FOR THE RAIL- VOLUTION CONFERENCE. Ayes: Nays : Absent: The motion carried. Council Members Nabholz. Garren, Wolosyn. Yurc h1 ck. G raz uhs. Bums None Council Member Bradshaw * *. * * (v) Council Member Grazulis said. on the Sign Ordinance . ecti on 3-6-1-4 . regarding holiday decorations being displayed for not more than sixty da ys , she asked 1f there is any type of ordinance with the same kind of rules regarding residents . She said there are some people in her neighborhood who still have their decorations up from last year. City Manager Scars said he really did not know, but he could investigate it . Residential zones have different regulations than business zones, he said . 13 . City Manaccr's Report (a) City Manager Sears thanked Council for their suppon. We have reall y achieved a lot during this last year, he said. and we have a lot on our plate for neKt year . He thanked his staff, who he said ' ) I • 0 J • • -• Englewood City Council September 5, 2000 Page 11 1· • ·,· • • -' . is excellent. Council has given a lot of suppon to staff for the work they have done this la st year. He said he just wanted to thank Council personally for working with them. (b) City Manager Sears reminded Council that the City Picnic would be thi s coming Friday at 11 :00 a .m. until 3:00 p .m . at Cushing Park . • * ••• Council Member Wolosyn said she had one thing to bring up . The Cultural Ans Commission Exploratory Committee is working on the Ans Center. We are going to use an Ans Counsel to help us. she advised , to put together a board. City Attorney Brotzman said this is a request for a non-profit attorne y to help form the add111onal exploratory non-profit . If Council has a consensus on hiring another outside attorne y. he \\Ould tak e care of that out of his budget. Mayor Bums asked if that was the request being made now . City Attorney Brotz man said yes . Council Member Yurchick asked for clarification on who we would be hiring thi s attorne y for. Ms. Wolosyn said it would be for the C ultural Ans Commission and Exploratory Conmtinee. She sa id she did not have any objections to waning until after they give their presentation on the 25th . which 1s what he originally intended. Council Member Nabholz asked if they currently have an attorney. Ms . Wolosyn said no, the y do not. City Attorney Brotzman s:11d this would be for formation of a non-profit. Council Member Wolosyn sa id the attorney would basically assist in filing some paperwork so we do not do anything \\Tong . Council Member Yurchick asked why it was the City's responsibility to hire this attorney. Ci ty Anorney Brotzman said. basically, because we are going to work on joint projects . lfwe work on joint projec ts. the Finance Dcpanment"s auditors are going to want to see their books and their IR S regulations . Secondari ly, if we begin accepting money. we want to make sure that the money coming in, whether it goes to the City donors ' fund or whether it goes to this non-profit, both are tax deductible . but you can get grants from different place and we "'ant to make sure the people giving the mone y have a tax deductible gift. Council Member Yurchick asked if it was for the RFP . Council Member Wolosyn said they could make this more understandable on the 25 .. , but it was for the Exploratory Committee for the Cultural Ans Commission, which has a business plan for an ans center, and this is the first step in a long-tern, plan . We need to get a board going so that we ca n position ourselves to get mone y, both public and private . The Cultura l Arts Commission is an advisory board of the City, and , at thi s point , it really is cormected to th e City, she said . Mayor Bums said this is the committee that we authorized last year to explore the possibility of a cultural arts facility . Council Member Yurchick asked if this is the prelude to the cultural arts center. Ms . Wolosyn said . yes. Mr. Yurch1ck asked what happens if they want to do an RFP. are they then a separate entity from the City ? City Attorney Brotzman said it actually would be separate from the City at that point. Certain non-profits can receive grants , he said, that cities can not, and that is what this group is looking for. The non-profit status would let them get private grants that the City simply can not obtain under it"s municipal exemption . • I • 0 - • • • Englewood City Council September 5, 2000 Page 12 t• ... .. • .. • -' Mayor Burns asked if Mr. Brotzman was saying this could be done out of has budget . Mr. Brotzman said yes . Mayor Burns said he did not have an objection ifit was under the C ity Attorney's budget. He said 1t would encourage them to receive funds from some source other than the City. He felt that \\Ould be very beneficial and he would encourage it. Council Member Garrett said he is looking forward to the 25"'. Mayor Burns asked if they were looking for a consensus at this time . or if a mollon wa necessary. C ity Attorney Brotzman said they did not need a motion. If Council does not have any obJection. he will be helping the Conunission find a non-profit attorney so they can get this entity formed so the y can receive funds. Mayor Burns asked if they would have it formed by the 25"' when the y -..;11 be gi ,·ing a presentation . Mr. Brotzman said the paperwork will have been staned. Mayor Burns said he had no objection. Council Member Garrett asked if it would be under the existing budget. and would he need a special appropriation. Mr . Brotzman said no , and it would be from ha s existing budget. Mr. Garrett asked what it would cost. Mr. Brotzman said he had not spoken with the non-profit attorney yet , so he would be guessing. We arc going to have to file all the IRS paperwork, so he reall y had no idea. but he assumed it would be under S 10,000.00. Council Member Garrett said he would like to have a number to get an idea of what they were talking about. Mr. Brotzman said he could get that. 14 . City Attorney's Report (a) City Attorney Brotzman said he would be attending a seminar on Frida y. It is CML ·s Strategic Visioning Process. He said if Council has any comments for the CML policymakers ... he said he was on this board because he is chairing the City Attorneys· sec tion thi s year ... so 1fCounc1l would lake CML to address something, please let him know. 15 . Adjournment MAYOR BURNS MOVED TO ADJOURN. The meeting was adjourned at 8:40 p .m . ,. ~ ~ ' • I • 0 3 • • - AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL TUESDAY, SEPTEMBER 5, 2000 7:30 P.M . Englewood Civic Center l 000 Englewood Parkway Englewood, CO 80110 l. Call to order. '/ :5() ~ 2 . Invocation . /,)~ Pledge of Allegiance. ~ 3. 4 . RollCall. &~ {~) ~If\' JIJU"."'"1 fi 5. Minutes. ~(,it: .. ) ,. Mio,tes from the m~<iog of Reg,I" Ci<y Co,ocil Mee<iog of '"'"" 21 . ,000 (~r Scheduled Visitors . (Please limit your presentation to ten minutes .) ,ff" 7 . Unschedu~d Visitors . (Please li~~r presentation to five minutes.) ~~T;ur~ -,,-.r!}~ ~ 8. Communications, Proclamations , and Appointments . • ' 1-.}~j ~,, A proclamation declaring the week of September 17-23 , 2000 as Yellow Ribbon Youth ~ Suicide Awareness and Prevention Week. • I (p·O 9 . Public Hearing. '.1',J/f\ ~ublic hearing to gather input on Council Bill No. 68 , amending the Englewood "I:. Tow.n Center Planned Unit Development Sign Standards. /(0,;Y./J,/ ,::;t;,,H fV.1,1(1 ,, .. 0 ~ ~ .. It"~ ~" 1,,0 Please note: If you have a dlubillty and need auxiliary aids or servicn, please notify the City of Englewood (303-762·2,0S) at least 48 hours In advance of when servlcn are needed. Thank you. -. I • 0 ]- • • • l •• ' .. • -.. Englewood City Council Agenda September 5, 2000 Page 3 Recommendation from the Human Resources Department to approve, by motion , the appointment of a hearing officer for a disciplinary appeal filed by Carl Carrell . STAFF SOURCE: Sue Eaton, Director of Human Resources. 12 . General Discussion. a. Mayor's Choice . 11(c)(ii) - Bums -motion to appoint Micllael Lawrence as hean ng officer 6-0 Bums -motion to withdraw his monon 6-0 Bums -motion to appoint Ben Aisenberg as hearing officer 5-0 b. Council Members' Choice. ~t:('~~l i . ~,-o ~ A resolution establishing the annual salary for the City Attorne y. , 1,J;wt" ~-i;). ii . ~j.,O h?, A resolution establishing the annual salary for the City Manager. ~ ,,RJA9· iii . ti)~~ f,•O A resolution establishing the annual salary for the Municipal Co urt Judge . ~ 13 . City Manager 's Report . - a. CityCenter Englewood Update. 14 . City Attorney's Report . Adjournment. ~; (/.0 r7 The following minutes were transmitted to City Council between August 18 and 3 1. 2000: • Englewood Police Pension Board meeting of March 27 , 2000 • Englewood Police Pension Board telephone poll of Ma y 25 . 2000 • Englewood Cultural Arts Commission meeting of July 5, 2000 • Keep Englewood Beautiful meeting of July 11 , 2000 • Englewood Board of Adjustment and Appeals meeting of Jul y 12 , 2000 • Englewood Fireiighters Pension Board meeting of July 13 , 2000 • Englewood Cultural Arts Commission notice of cancellation of the August 2, 2000 meeti ng • Englewood Planning and Zoning Commission meeting of .. ~ugust 8 , 2000 Please note: If you have a dl .. billty and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. Thank you. ----------------J • ) I • 0 • • • ... ... .. ·~ • -... foglewood City Council Agenda September 5, 2000 Page 2 10 . Consent Agenda . ~~ /Oc.1· a Approval of Ordinances on First Reading. f '-~ i COUNCIL BILL NO . 72 -Recommendation from the Department oi Parks and :.J;Jf' l'f"·,r11 . Recreation to adopt a bill for an ordinance authoriz i ng an Intergovernmental ft/VT": 1 ob 1, 11 ' Agreement with the Regional Transportation District for the Big Dry Creek Trai l. /OI)..,; '. .' {g ,0 STAFF SOURCE: Jerrell Black. Director of Parks and Recreation. /OC'' b. Approval of Ordinances on Second Reading . Council Bill o. 61 , amending the Englewood Comprehen si ve Plan to i nclude a Regional Plan Element. i;J.~(,1 ii . Council Bill No. 70, author izing the CityCenter Eng lewoo d Co mmo n .Area Maintenance Agreement between the Englewood Environmental Fo undati o n, Inc ., the Regional Transportat ion District, and the City o f En glewood . c,J -'~~ iii. Council Bi ll No. 71 , authoriz ing a Grant of Co n st ruction Ea se ment and Licen e Agreement for the C ity Ditch to James Q. ewton Trust. c. Resolutions and Motions . ~-;~ i. ( SJ,L &Aa:,) Recommendat ion from the Human Resources Department to adopt a re sol ut ion approving the Cost oi Living Adjustments ior 2001. STAFF SOURCE: Sue Eaton, Director of Human Resources. 1 1. ii. Recommendation from the Community De velopment Department to ad o pt a resolution approving the i!pplication for a Great Outdoors Colo rad o Planning Grant to assist in funding an Open Space Plan for the South Platte Ri ver/Santa Fe Corridor. STAFF SOURCE: Lauri Dannemiller, Planning Analyst. 10-(c )(1 ). Garrett -moti on to amend by changing Section 1 to read "The City Council Regular Agenda. of the City of Englewood . Colorado hereby approves the following pay increases on the ~ b ase wage rate effective for the first paycheck ,n 2001 w11n a pa y date of Ja nu ar1 J , 2001 . for the calendar ye ar of 2001 .• and to approve as amendeo. 6-0 Approval of Ordinances on Fi rst Reading . ~ Approval of Ordinances on Second Reading . p a . b . ~~ Resolutions and Motions . ~~j~ . i . Recommendation from the Department of Finance and Adm i nistrati ve Serv ices ~· ii:~~ to adopt a resolution approving a su pplemental appropriation to the 2000 {.g ·0 D g/A· Budget for f urniture purchases in the Civic Center. STAFF SOURCE: Frank fl Gryglewicz , Director of Finance and Administrative Services. P1uN nol8: If you have a dl .. billty and need auxiliary aids or servicn, please notify the City of Englewood (303-712-2405) at lent 41 hours in advance of when services are needed. Thank you . • • • • I I • 0 • • • ·' • '. •' .. • -... Sa ENGLEWOOD CITY COU'.'IICIL ENGLEWOOD. ARAPAHOE COV'.'IITY. COLORADO I. Call to Order Regular Session August 21. 2000 The regular meeting of the Englewood C ity Council was called to order by :'vlayor Bums at 7 :35 p .m. 2. Invocation The invocation was given b y Council Member 'abholz . • • * •• Mayor Bums said he wanted us to realize and recogmze how muc h dedication the Safery Services pe o pl e give to their communiry. He asked that everyonr join htm for a moment o f s ilenc~ for Denver Firefi g ht er Roben Crump. 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Bums . 4. Roll Call Present: Absent: A quorum was present. Also present: 5. Minutes Council Member :--1abholz. G raz uli s , Brads haw. \Volosyn, Yurch,ck. Burns Council Member Garren Ciry Manager Sears City Attorney Brotzman City C lerk Ellis Senior Planner Graham, Community Development Planning Analyst Dannermller. Communiry De velopment Director Black, Parks and Recreauon Capital Projects Manager/Director Karun, Englewood Environmental Foundation Director Gryglewicz, Finance and Admimstrative Services Assistant Ciry Manager Flaherry (a) COUNCIL MEMBER '.'IIABHOLZ MOVED. AN D IT WAS SECONDED , TO APPROVE THE MINUTES OF THE REGULAR CITY COUNC IL MEETING OF AUGUST 7, 2000 . A yes: Nays : Absent : Motion earned . Council Members abholz, Bradshaw. W o losyn . Yurchick, Grazulis, Bums None Council Member Garren • I • 0 • • Englewood City Council August 21. 2000 Page 2 o. Scheduled \'isitors :•· • • -.. (a ) C arla \'l\art1as wa s scheduled to addre ss ·vunct i regarding the treatment of the public by Mum c1 pal Coun employee . he was not present . Non-scheduled \'isitors (a) hnsttna ~lann inrrodu ed her colleague Cathy Snuth. adv isi ng that the y are board member for the olorado hapter of the American lnsnrute of Graphic A11s ( AIGA ). Ms. Mann stat ed the y "etc pre ent t a \.. ounc1l to partner up "ith them tn omething that their national organizauon ha s produ ed i r a campaign called "Get Out the Vote ." She said 1t ts a non-partisan poster campai gn and the y would ltke to ask o un 11 partner up \\1th them to have an official re ceptton and op e ning and sho " 111 g of the po ters. \l s \lann noted he brought so me sample s to show Coun cil tomght. They would ha ,·e ome speakers and the , \\Ould have one of their own speakers. which would be one of the designer s. come m and speak to their member lup. The whole point of this ,s to get the e po sters out m as many publt pla ce ; a po s1ble and they thought this was a beaunful. perfect venue for that. The y showed Coun cil the poster and Ms . Mann noted there are actually about twenty different posters ; thi s ,s JUSt a sampling of what the ) ha,e She aid. as she noted earlier, this is non-partisan and the whok purpose of tlus campai gn 1s to prov ide a pubhc service . She advised the y do a couple of things ltke this a year and the y have speaker and th111 gs for their own benefit , but this is something that would benefit th e commu111 ty . So. she said. th ese will be all over the counrr y. hopefully insf iring people to get out and \'OtC and to 111 crea se public awareness . llie ) arc hoping to do thi s on October 4 and they spoke to A s1stant City \tanager Flaherty and 11 eems that that time period is open. she said . Ms. Mann advised that they ha ve reque sted to use the beauttful ommu 1111, Roo m. She noted she has talked to different people 111 the buildin g and the y ha,·e said th ey are upp ortl\e and maybe we ca n come up with ideas to bring people in . The y do a mailing. she said. and se nd o ut a broadcast, so maybe they could combine their list with the City ' lt st to rry ge t a many people here a possible . Ms . Mann said they are hoping Council is supponive of that. Council Member Bradshaw said she thinks 1t ,s great. Mayor Bums said he thinks it is a good idea . He noted that October -l "' 1s dunng the Ra1I-Vo lutt o11 Co nference . He asked Assistant City Manager Flaherty 1fthat would make any difference . Ms. Mann commented that she was told 11 was just before that. She asked if that was inco rre ct. Ma )or Bums noted it might be a workshop day . Council Member Bradshaw said she still thmks it is real imponant that we support gemng out the vote . Yla yo r Bums stated that he does support the program . ' Assistant City Manager Flaheny advised that the y have booked the Community Room for the Ratl - Volution on Octobers"', we have no bookings for the Co mmunity Room, at this point, for October-!'". Mayor Bums said he unders1.ands that, he was Just thinking if any of our members are signed up to actuall y attend the Conference downtown the y ma y not be here . But. he noted . he thought Mr. Flaherty was right . that the reception was on October 5"' . Ma yor Bums advised Ms . Maru1 that he thought their program was excellent and they should be congratulated for doing this as a pubhc service and we would be happy for them to come and kick it off in this building. '.vis . Mann thanked him and asked whom they should be speaking with from this point on . City Manager Sears advised her to speak with Assista nt City Manager Flaherty. • ' ' . I • 0 • • -• Englewood City Council August 21. 2000 Page 3 • • - M . \lann asked 1f1t \\as possible to put their posters up until after the November electton. 1fthere "a an ) pla ce m the building that would be appropriate . She advised the y could ha\'e them mounted. that as th e) are amsts . they can do lots of things to make them loo k nice . Council \1ember Bradshaw said she thought Ms. Mann could work wnh !\·Ir. Flaherty on that issu e as \\Cl!. Mayor Bums agreed as Mr. Flaherty is kind oftn charge ofho\\ we u e the Communny Room and \\C a re trymg to get some structure to that. Ms. Mann thanked Council. Counci l Member . abholz asked 1f it was possible for them to ta lk to Dr. Whne at the Admm1stratton Building about a sma ller. sca led down. ve rsion of thi s for our sc hools . She said he d1dn·t klto\\ 1fthat wa s acceptable. but the kids do take the se things home. Ms . Mann advised the y would love to do that . that the v ha ve twenty different posters. with at least twenty or more of each one and they coul d probabl y ge t more . Their whole thing is to get tlus message out there . she said. Coun ci l Member Nabholz co mmented that we might meet "ith the schools during our School Cny Comm.ittee meenng. Co unci l Member Bradshaw suggested they could call the District Administration Building . C ity Manager Sears noted that he would be seeing Dr. White. the Superintendent. o n Wednesda y. He asked that Ms . Mann provide their card. noting that Mr . Flahert y s hould ha ve their number. Mr. ears agreed that we would set this up with the school disttict. Council Member Bradshaw noted that she teaches at Arapahoe Commumty College and the y desperatel y need thi s out there too . She advi sed that the,r conta ct would probably be Dr. Wilhams·s secretary. Ms . Mann thanked Co uncil for their support . (b) Leon Piper. 2929 West Union, said he was a little cunous as to why we eve n have a pohce department. He stated we have a no truck sign on Union and Friday afternoon. about 3 :3014 :00 a cement truck going west, made a right tum on Federal and a lady policeman made a right tum off of Federal omo Union. with this huge cement truck there . She didn ·t bother, didn"t bother to stop. she nev er even blinked an eye. Mr. Piper pointed out that we could cut down expenses a lot if we co uld elirnmate ome of the help , because they are evidently not doing the job . There 1s no need to make ordmances an d not enforce them. he said. Yl ayor Bums advised the y will ask the City Manager to check into that and see what happened . because we are trytng to enforce that. He agreed that was not a good observatton Mr. Piper happened to make there He thanked Mr. Piper for coming. Communications, Proclamations and Appointments (a) A letter from John M. Goodyear Jr. indicating his re signation from the Englewood Planning and Zoning Co mmission was considered. COUNCIL MDI BER BRADSHAW MOVED, AND IT WAS SECONDED, TO ACCEPT THE RESIGNATION OF JOHN 1\1. GOODYEAR JR. FROM THE ENGLEWOOD PLANNING AND ZONING COMMISSION. Ayes : Council Members Nabholz , Bradshaw, Wolosyn. Yurcluck. Grazulis. Burns • • • I ... I • 0 • • • Englewood City Council August 21, 2000 Page 4 Na ys : Ab sent : Moti on carried. • • - :sl o ne Co un c il Member Garre n Co un cil Member Brads ha w co mmented that she was n ·1 s ure if th ere a re other peo pl e th ey co ul d ha,·e appointed and if Counc il ha s to re ,·isi t that or have ue Bradshaw re ,·is it th at. becau se th a t is th e commissio n that we mus t hav e m full forc e . She s ug gested th ey break with traditi o n and go ahead and appoint someone who wanted to be on that commission . that they ha ,·e alread y int e rvi ewed . Yla yor Bums stated that is a go od s ugg esllon as the Plannm g and Zo mn g Co nurn ss 1o n 1s a p1'·otal commiss ion and they are doin g an awful lot of work on ,·ery imp ortant man ers that e ve ntu a ll y will come before the Council. Mayor Bums said he wanted to thank l\·lr. Goodyear fo r hi s sen·ice . He comment ed that ht lett er of resignation indicates he is mo,·ing to California . Mayor Bums s tr essed that the Plarm ing and Zo ning Commiss ton 1s a very nnportant body an d the ) do an awful lot of work that helps Council. 9. Public Hearing (a) COUNCIL MB-JBER BR.\DSHAW '.\IOVED. A:'IID IT WAS SECONDED. TO OPE"I A PUBLIC HEARING TO GATHER Pl'BLIC CO'.\II\IE"IT 0:'11 cot.::-.CIL BILL NO. 61. AMENDING THE ENGLEWOOD COI\IPREHENSIVE PLA."1/ TO l:'IICIXDE A REGION .\L PLAN ELEMENT. Ayes : Nays: Ab sent: Co un c il Me mbers Nabholz. Brad. ha w. WolOS)11 . Yur l11 c k. ra ,uh . Bums None Counc il Memb er Garrett Motion carried and the Public Heanng opened. Seni or Plarmer Graham. being dul y sworn , explained that the propose d amendment to the Co rnp rehe11'1\c Plan would add a regional element. This element was anticipated by th e .. l\l 1le Hi gh o mpa ct'", wl11 h came through this body recentl y. he said. We have anticipated thi s, actuall y. for th e pa st tw o year s. rn ce the DRCOG board members, who are members of Council. passed it at the DR CO G boa rd le ve l But . he noted, along with many of the other cities, we were waiting to understand the 1mph ca11 ons of thi s Reg ional Plan before moving forward to this point . Mr. Graham advised that tht s add five core e le m ent s " h1c h are the test s for whether the lo cal plans are consistent with the Regional Plan . O ne of th e e leme nt s "as al re ad ) adopted b y C ity Council in conjunction with the Transponation Improve ment ProJect. That wa s th e ··Extent of Urbanization" provis ion . So, he stated. Counc il is reall y onl y loo k mg at O pen pace . the Balanced Multimodal Transponation element, the Urban Centers elemem and Enviro nm e ntal Q ualit y, as new items for our Comprehensive Plan. He noted that these amendments wo uld repre sent. pro babl y, th e mo st signifi cant amendment, at least s ince the South Broadway Acti on Plan came through thi s body. Mr. Graham said , from his review of the plan, that , probably, there have been onl y fi ve s 1gmfi cant amendment s over twenty years , so it is not inconsequential that we ask Council to amend thi s. He explained that one of the provisions of the .. Mile High Compact'" is that the Regional Plan serves a s the context for all o f th e other elements . So, he said, we felt it was appropriate to move this pie ce along. ahead of the Ho us in g Plan . the Economic Development Plan. the Open Space Plan and the Transponation Plan . We are here befo re you tonight. he said, with one of the five Comprehensive Plan amendment s Harold Still sp oke ab o ut in Stud y Session . \k Graham s ubmitted to the C ity Clerk, Proof of Publi cati on that notice ofthi publ ic heanng wa s publi shed on Jul y 21 . 2000 m the Englewood Herald. • ) I • 0 - • • -• Englewood City Council August 21. 2000 Page S • • - eruor Plaruier Graham said he would like to give Co un c il a couple of representative point s from each of the five elements. just to illustrate what Council would be approving. He said he was not cenam \\heth er Council re ceived the anachment. He passed them out to Council. In keeping with the format for th e Co mprehensive Plan revision. he said, we are trying to stay at the pohcy level with these amendments . '\1 r. Graham pointed out that after the policie s are in place . later on. then we would do the implementati on plans . So , he advised . in this amendment we are only dealing \\~th the intent statement and the obJeCtJ\·c under each of those intent statements . there isn't anything very specific. This doe sn 't include any proJe ct s. Mr. Graham said the last one. on the extent of urban development hst. is 10 encourage the de,·elopment of balanced communities. characterized by a mix of income and housing rypes and hav1D g a reasonable relationship between the affordable housing suppl y and employment opponuniues. TI1at. he noted . 1s an objective that is held by the Housing Authority, 11s something that we hope the hou s1D g gro up ... the subcommittee that will be chaired by Chns Willi s, will take up as pan ofh1s c harge ID th e Ho us1Dg Ta sk Force . oder open space. he pi cked out two. he said . Regarding the regional o pen space syste m. th ere 1s a plan that shows the South Plane RJ\·er and Cherry Creek as the two pnon!les 111 the merro areas open ,pa ce system. So, he aid. we belie ve that adopting this plan for Englewood will help us understa nd that so me of the pieces of the open space s stem are 1mponant regionall y. as well as loca ll y . And. perhaps. ge t resources from the region to help implement those. Another 1s to conserve and protect 1mponant narural resources , including environmentally sensitive lands. wetlands and ~ldlife habnat. Agam. we are work mg on an open space stud y of the Plane River corridor and this kind of statement helps us when we are makm g grant application s to the Div1 s1on of\V1ldlife , or the Co nservauon Trust. for re ourccs to implement an open space plan. Mr. Graham advised that the rather Jong titled one is about mass rrans11 . Englewood 1s in the fonunate pos111on ofhanngJu t implemented most of the most imponant pieces here ... prov1ding the high capital rransponation faciht1es , which is an indirect reference to the hght rail transit. But. he noted. there is a responsib1hty that 1s entatled with that investment, a responsibility to the region . which is , to develop land uses that make efficient use of those facilities . That is the challenge to us now. he said, 1s to make se nse of the land uses that could reasonabl y use light rail. Another one is implementmg the rapid transit to redu ce the need for addiuonal roadway capacity and reconfiguring the bus network . Well cenainly, he noted . some of the thmgs we are already working on, like the shuttle proJect. speaks directl y to tlus . Semor Planner Graham explained that under urban centers. the idea in the Metro Vision is that ultimatel y there would be several urban centers in rhe region . all served b y mass rran II and that most of the jobs and entenainmcnt and retail opponuniues. the reg10nal ones, would be at the e large urban centers and yo u would be able to get between them efficiently. He commented that Englewood has cenamly staned the process \\~th CityCenter. Developing a mixed use facilit y on a light rail sys tem 1s a perfect fit for "hat thi s urban centers is about ... focusing a major ponion offurure gro\\1h into urban centers to reduce land consumption and loss of open space while increasing ndersh1p . Mr. Graham stated that the final point ID urban centers talks about promoting a network of coruiected streets and sidewalks, with buildings oriented toward sidewalks. He advised rhat many of the designs , suggesuons. that were made by Calthorpe and Tryba on rhis project were exactly for that purpose, to strucrurc the park.mg , to keep the blocks small , the development compact and very walkable . Mr. Graham advised that his take on this is that Englewood ha s done a terrific job even Mthout Metro Vision policies . But making them explicit would be helpful to the rest of the community to know what are some of the benchmarks for progress in these areas . Mr. Graham stated the environmental quality piece 1s probabl y the most difficult one to understand, but 11 speaks to the difficulty of getting clean air and clean water . Largely these issues have to be handled on a regional basis. it JUSt makes sense to handle II tlus wa y, he opined. Achieving a locally defined, balanced, ecological cornmuruty, he noted, is a lot of words, but what 11 comes down to 1s that WR.I\.IAC. a DR COG comminee, is charged w11h clean water compliance. They work ~th all the water utilities and provider and they hope to structure reasonable arrangements where the investments m water capital facilities make s sense . • I • 0 • • Englewood City Council August 21 , 2000 Page6 1 ••. • • - Mr. Graham said he thought he would leave it at that fo r examples. , . Mr. Graham advised that this piece was presented to the Planning and Zoning Commission two times ... at a stud y session and then al a public hearing. They did not ha ve any members of the public s peak about the issue at either of those sessions, but the Planning and Zoning Conunission unanimousl y appro,·ed thi s and recommended Council 's approval. Mayor Bums asked if anyone else wished to s peak. There was no one e lse present to speak . COUNCIL MEMBER l"iABHOLZ MOVED. AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING ON COUNCIL BILL NO. 61. Ayes: Council Members Nabholz, Bradshaw. Wolosyn. Yurchick. G ra zuh s. Bums Nays: None Absent : Council Member Garrett Motion carried and the Public Hearing closed. Mayor Burns thanked the Plannmg and Zonmg Commission for their work o n these measures . It 1s an o th er example, he said, of work the Plannrng and Zomng Commission does before these nems come 10 o unc,I and they 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 (iv), 10 (c) (i), (ii). (iii). (iv) and (v). (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO. 70, rr,rrRODCC ED BY cou . 'CIL '.\1 '.\1B ER BRADSHAW A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVER..'-MENTAL A R E '.\I E:-S T BETWEEN THE ENGLEWOOD ENVIRONMENTAL FOU . 1DATION. t:-.:C .. TH E REGIO:S:AL TR.A::-ISPORTATION DISTRICT AND THE CITY OF ENGLEWOOD. COLO RADO ENTITLED "CO'.\iMON AREA MAP.'JTENANCE AGREEMENT. (ii) COUNCIL BILL NO. 7 1, INTRODCCED BY COL,;-.'. IL M E'.\1B ER BRAD HAW A BILL FOR AN ORDINANCE AUTHORIZING A "GRANT OF CONSTRUCTION EA E:VI ENT" AND "LICENSE AGREEMENT" FOR THE CITY DITC H TO JAM ES Q. NEWTON TR U T (b ) Approval of Ordinances on Second Reading (1) ORDINANCE 0 . 62 , SER.lES OF 2000 (CO 0CIL BILL NO . 6-. TNTRODUCED BY COUNCIL MEMBER GARRETT) A.'I ORDr.-lANCE AUTHOR.lZING ACCEPTANCE OF A $7,500 GRAm FR0'.\1 THE COLORADO DEPARTMENT OF LOCAL AFFAIRS (DOLA) FORE ITERPRISE Z01'E MARKETI:-.:G A:",'D ADMINlSTRA TIO (ii ) ORDINANCE NO. 63 , SERIES OF 2000 (COu"NC IL BILL NO . 66, INTRODUCED BY COUNCIL MEMBER BRADSHAW) •· I • 0 • • • Englewood Cily Council August 21. 2000 Page 7 I ~\• • , . • -' AN ORDP.sAN EA THORJZING THE ACCEPTA1'CE OF A GRANT OF PROP ERTI' FRO!\! TO!\! G. KING . (iii) ORDfNANCE NO . 64. SERJES OF 2000 ( O L.~ IL BILL NO 6 . INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AUTHORIZING A SECOND AMENDMENT TO AN AGREE!\IENT FOR ENGLEWOOD CITYCENTER BETWEEN THE CITY OF E'.\fGLE\\'OOD A'.\'D RTD . (iv) ORDINANCE NO. 65, SERJES OF 2000 (COL.'NC IL BILL :S:O . 69. INTRODUCED BY COUNCIL MEMBER BRA.OSHA W) AN ORDINANCE AUTHORIZING A TEMPORARY CONSTRUCTION EA EMENT BETWEl:N SOUTH SUBURBAN PARK & RECREATION DISTRJCT AND THE C ITY OF EN G LE\V OO D. CO LORADO PERTAINING TO THE BI G DRY CREEK TRAIL. ( c) Resolutions and Motions (i) CONTRACT WITH MR . TODD SILER FOR COMPLETION OF THE ART WALL AT WAL-MART. (ii) CONTRACT WITH BROWN & CALDWELL IN THE AMO , T OF $9-.700 FOR FACILITIES ASSESSMENT A.1\/'D PLANNING . {iii) PURCHASE OF AN AMMONIA ANALYZER FROM TED MILLER AND ASSOCIATES IN THE AMOUNT OF $25 ,235. (iv) CONTRACT WITH LO G CONSTRUCTION FOR CONST RGCT IO SERVICES FOR SERVICE/SUPPORT FACILITY EXPANSION AND MODIFICATIONS IN THE AMOUNT OF $925,000. (v) CONTRACT WITH ABCO CONTRACTING. INC. FOR ROOF REHABILITATION OF THE CLARKSON STREET RESERVOIR IN THE AMOUNT OF $77,32 5. Vote results: Ayes : Nays : Absent : Motion carried . I I . Rqular A&enda Council Members Nabholz , Bradshaw, Wolosyn, Yurchick. Grazuh s. Bums None Council Member Garrett (a) Approval of Ordinances on First Reading (i) Mayor Bums advised that Council has been asked to pull Agenda Item 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 Heanng for September 5, 2000 to gather public comment. He stated the City Attorney has advised rum that we made some changes to this ordinance when it came up for first reading , the first time, and we had to bring it up for fust 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 to put it in its proper fonn. he said, so this will have to come back to Council at the next meeting. •· I • 0 • • • Englewood City Council August 21. 2000 Page 8 ·,, • • - Mayor Bums asked about se 111ng the publi c heanng. C1ry Anomey Brotz man ad,ised th at the y will se t th e publi c hearing when it come s ba ck 10 ounc1!. Coun ci l Member Bradshaw co mmemed that this is the is sue of street cuts, cut s made in o ur str ee ts . She advised that she didn ·1 have a hu ge problem wnh tlu s. but now. with the amount of d1ffere111 co mpani es coming in to request street cuts. "e need to be ,·ery carefu l about what we enact. that n 1s enforceable and that the people who cut our street s do reimburse th e C ny fo r the expenses. Ma yo r Bums noted so me of the niaJ or compame hke AT & T and Mcleod. and so me of the re st of them. have not been happy \\ith thi s land ofan o rdm:mce. There have been so me veiled threa ts ofhllQallon. he said, but he thought it was important fo r Englewood to be in the forefront on thi s and o ur couns;I. Ken Fellman . has advised us that we can proceed carefu ll y on thi s mailer. Ma yo r Bums op111ed th at n 1s important 10 pro tec t o ur rights-of-way. o he still full y support s 1h1s . (b ) Approval ofOrdmances on Second Readin g There \\ere no addi11onal nems submitted for approval on second reading . (S ee Agenda h em IO -onsem Agenda .) (c) Re ol uuon s and :vlotions (i) Planning Analyst Dannemiller presented a re co mm e ndati on from th e ommunny Development Department to adopt a resolution fo r Hi stori c Property De s ignati on of th e Englewood Depot. he advised that she was prese nt tonight to speak in re gard 10 an apphca11 n for Hi stori c Property De signation received from the Englewood Depot. All of the required apph call o n material have been ubnutted by the applicant, which include s an apphcatmn . a photo and a de rip11on o f th e lu stoncal sig nificance of the property. Additionally, a public hearing "a held on Jul y IS 'h be fore th e Planmng and Zonmg Comrrussion and the Commission unanimously recommended re fe mng 1!11 s proper!) to the Counc il for Historic Property Designation. Ms. Dannemillcr expla111 ed that 111 o rder for a propen~ to be des ignated on the Engle\\ood Historic Regi ster certain criteria must be met. First. the stru crur e mu st be at least fifty year o ld and, addiuonally, meet one of four other cntena coma med w11h111 the ord111an ce . 1aff and the o mm1 ss1o n believes that this property meets two of the four crneria . in add111 011 10 the age crnena, and n 1s a structure which embodies distinguishing charactensucs of a an archnectural ty pe va luable for study of a period or style . In this case the Historical Socit'ly believes that the st ru cture I the onl y rernamm g wood frame and stucco mission re viva l sryle depot m Co lorad o . It 1s also known as th e County Seat sry le . Also , 1t reflects the broad social hi story of the Ci ty of Englewood. ev iden ced by an article in the June~. 191 5 Englewood Enterprise . talking about how the rai lroad and the subsequent dep ot. helped to establish Englewood on the map . It created a station and helped generate busine s opponun111c s in the City that were, otherwise, going to other neighboring cities. Add11,onall y, the Colorado Sta t~ Historical Society ha s listed the Englewood Depot on the State Re gister of Hi sto n c Places as of November 9, 1994 as Site No . 5AH 778 . Therefore, she said. we full y recommend approval of thi s application ba se d on this criteria. Ms . Dannemiller advised that repre sentatives of the Hi sto rical Sociery were present and 1f Co un ci l would like them to speak to the merits of this application, the y are avai lab le to do that. Follo\\111 g that. she said, we have a certificate for the Mayor to present to the representatives of the Society . Mayor Bums invited the members of the Historical Society to speak to Council. Ci ndy Scon stated she was representing the Englewood Historical Sociery . On behalf of the Society, she thanked everyone for all therr support. Ms . Scon noted that many years of effort have gone mto savmg thi s depot and it stands as a prominent landmark al this point . This is another step in establ1shmg its legitimacy as a symbol of the community, she said, and they hope to continue to work to make it a reality and niake 1t a real important pan of the community . .. ) I • 0 • • • Englewood City Council August 21 , 2000 Page9 The resolution was assigned a number and read by title : RESOLUTION NO. 73, SER1ES OF 2000 • • • ... A RESOL TION DESIG 'A TING THEE, GLEWOOD DEPOT LOCATED AT 3090 SOUTH GA LAPAGO STREET AS AN HISTORIC PROPERTY IN THE CITY OF ENGLEWOOD. COLORADO. COUNCIL MEMBER NABHOLZ MOVED. Ai'ID IT WAS SECONDED. TO APPROVE AGENDA ITEM 11 (c) (I) -RESOLUTION NO. 73, SERIES OF 2000. Ayes: Council Members Nabholz, Bradsha w. Wolosyn. Yurchick, Graz uh s. Bums Nays : Absent : None Council Member Garrett Motion carried. Mayor Bums. on behalf of the Council. stated that he wanted to thank the Histoncal Society for all th e work they have done on the depot , and staff as well . He said it was hi s great pleasure to present :.1 s. ott with the Historic Property Designation Certificate . Mayor Bums offered his congrarulanons and asked fo r a round of applause . Mayor Burns acknowledged how much ume and work these kinds of designations take . On behalf of Council , he offered hi s apprecianon for the work of th e H1stoncal Society \'olunteers . (ii) Director Black presented a rec ommendation from the Parks and Recreau on Department to adopt a resolution authonzmg the transfer of ownership of the Hotel and Restauram Liqu or License with Optional Premise from JOQ's Corporauon to the C ity of Englewood . He noted that se,·eral weeks ago he gave Council an update on the restaurant concessionaire at our Englewood Golf ourse. They had rumcd in their notice to leave that facihty and then they pushed that timeframe up . As o f yesterday, he said, the Golf Course was opcraung the restaurant . We have applied for a temporary hqu or license with the City of Sh...,ridan. he s:11d. and they have requested a resolution from City ounc1I a;, part of that application . Mr. Black advised that Bob Spada, our Golf Operations Manager, will be meet mg "1th Sheridan City Council tomorrow mght and will include the re solunon in the packet, if Council o appro, e it tonight. We hope, he said. that by tomorrow night the City will have the temporary hquor l1 cen e fr om Sheridan and we will then be able to sell beer at the Golf Course starting on Wednesday. Mayor Bums noted that lhis 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 REQUESTfNG THAT JOQ TRANSFER OWNERSHIP OF THE HOTEL A~D REST AURA T LIQUOR LICENSE OPTIONAL PREMISE TO THE CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (II) -RESOLUTION NO. 74, SERIES OF 2000 . Ayes : Council Members Nabholz, Bradshaw, Wolosyn, Yurchick , Grazulis , Burns Nays : Absent: None Council Member Garrett Motion carried . I • 0 ]- • • • Englewood City Council August 21, 2000 Page 10 ·-·· • • - (iii ) Ri c k Kahm advised that he is the Engineering and Capital Proj ects Mana ge r for the City, however he is speaking tonight as a Director of the Englewood Envuonrnental Foundatton . He presented a recommendation from the Englewood Environmental Foundation to adopt a reso luti on upponing the deal sheet between the Englewood Environmental Foundatio n and ',,!tiler Wemganen co ncerning the space at the Bally Building at CityCeoter Englewood . Mr. Kahm adv ised the deal sheet 1s dated August 21 , 2000 and the panies in the lease would be Weinganen/Miller Englewood LL C. Landl ord and the Englewood Environmental Foundation as the tenant . The leased prenuse s, to be deve lo pe d m th e Bally 's building, would be approximately 12 ,000 square feet. Mr. Kahm explained the rea son that 1s an approximate number is because the building has not been fully designed yet. once the layou t takes p lace we wi ll know exactly what the square footage is . It is a space lease wi th one lump sum rental pa ym ent. paid at the beginning of the lease and that would be upon completion by Miller Weinganen of th e co re and shell Co uncil Member Bradshaw asked when we anticipate that. Mr. Kahm advised th at by pa ss mg the resolution this evening, the deal sheet would allow us to go forward and enter into a lease . whi c h \\OUld require that they have that core and shell available to us within eight months of their closmg, "hi h wa s August 4 , 2000. Ms. Bradshaw said oka y, so that doesn 't change that time line at all. Mr Kahm agreed that this does not change that timeframe . Mr. Kahm noted that it is . approximately. a 75-year lea se and it would run co nc urre nt ly wnh the M1 lkr Weinganen gro und lease that the y have with th e Foundation for the who le propen y. He stat ed th e pnce wo uld not exceed $66 .000. We would actuall y be pa ying fo r th e actual cos ts of hard co ts and so ft ·os t There are forrnulas m the deal sheet that would allow us to pamc1pate 1fthere are . m fac t. SJ\ mg from that number. On the so ft cost side it 1s also puts a cap of $48,000 on arch necture and engmeenng. A development fe e 1s established at $1 5,000 , legal fees are capped at S 15,000. th a t is a not to ex ecd numbe r. and interest is at the rate of one-half percent below prime. but capped at a maximum o fS4 0.000 . Regarding the condition of the leased premises, he said. Miller Weinganen has defined a core shell as a storefront with one entry door, one rear door, a troweled concrete floor wnh c utout for bathroom(s). one to n HVAC per 400 square feet of building. that's provided but not d1smbuted. A 100 amp 12 01208 volt panel for electrical. There would be structural studs on 16 inch centers with ban msulation, which would eparat e the Ball y's use from this space and it come s with a water line , a sewer line and exterior sidewalks and railings . That, he noted, is their definition of a core and shell. Co uncil Member Bradshaw asked if that is the total cost. ~r. Kahm stated that is what we get fo r our $668.000 maximum. The resolution was assigned a number and read by title : RESOLUTION NO. 75 , SERIES OF 2000 A RESOLUTION SUPPORTING THE DEAL SHEET BETWEEN THE ENGLEWOOD ENVIRONMENTAL FOUNDATION AND MILLER/WEINGARTEN CONCERNr.slG S PACE AT T HE BALLY BUILDING. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (iii) -RESOLUTION NO. 75, SERIES OF 2000. Vote results: Motion carried. Ayes : Nays : Absent: Council Members Nabholz, Bradshaw. Wolosyn, Yurch1ck. Grazul1s. Bums None Council Member Garren (iv) Mayor Burns advised that Director Gryglewicz would be pre entmg a recommendation from the Depanment of Finance and Administrative Services to adopt a resolution ) I • 0 • • -• Englewood City Council August 21, 2000 Page 11 •' • • - appropriating and transferring funds for the hard and soft cost of the David Taylor Dance Thearrc ·s relocation to the CityCenter Englewood site. ... Director Gryglewicz requested Council consider Agenda Item 11 (c) (v), a recommendation to ado pt a resolution supportmg the deal sheet between the Englewood Envrronmental Foundation and the David Taylor Dance Theatre, first. He explained that he wou.ld like Council to consider that first , as that is the deal sheet with David Taylor that should be considered pnor to taking this action. Council Member Nabholz aid she has a couple of quesuons she needs to have cleared up . Number one . she said. by moving this deal sheet. she wants to make sure we are not compromising any of our current projects that are gomg on. whether 11 be the "ater park. expansion of Malle y Center or expansion of Park s and Recreation . She want s to make sure that none of our City and community things will be impacted by moving this . Director Gryglew1 cz advised that the projects. Ms . Nabholz just spoke about , will be considered in a bond I sue scheduled for 200 I . Tlus wtll have an impact on the bud ge t. he said . but at th ,· present ume II will not impact any current projects . Mayor Burns asked for confirmation that Director Gryglewicz was recommendmg Coun c il con sider Agenda Item 11 (c) (v) first. Mr. Gryglew1cz said yes . ( v) Assistant City Manager Flaherty presented a recommendation from the Englewood Environmental Foundauon to adopt a resolution supporting the proposed de al heet bet \\ee n the Englewood Environmental Foundation and the David Taylor Dance Theatre for sublea e of space m th e Bally building . He said, as Council will recall at our last Study Session. Council completed their verbal negotiations with Mr. Taylor regarding use of the space and the cost allo catton fo r the development ofLhat space . The intent of this deal sheet, he explained, is to be the basts for the contract that will mcorporat e th e terms that Council discussed with Mr. Taylor last week . Mr . Flahert y said he wanted to sununanze tho se terms . The City will contribute the initial cost of the core and shell finish to be provided by Miller Weingarten to the City. The cost of that is approximately S529 ,000. to finish 9,200 square feet of the 12,000 square feet of the space the City will lease from Mt lier. A maximum expenditure for tenant fini sh ofS275,000 and declining payments over five years totaling S240 ,000. Benefit to the City will include rental payments received from David Taylor, at the rate of$6,875 a year, for a total of$34,375 during the first term of the lease . The lease would be a five year lease wtth three , five year options . Over the term o f the lease , 1fwe go to full term, it would be $13 7,500. However, he noted , Council. at the last session , indicated to Mr. Taylor that they wanted to make the lease payment subject to negotiation 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 ,,.;11 provide, through his dance group, approximately $72,000 a year, in services to the Ctty, in the way of performances at CityCenter. He asked 1f Council had any questions . Mayor Bums commented that he thought this comports with our negotiation last week and our discussion . Council '.'vlember Bradshaw stated that this reflects what we negotiated . Assistant City Manager Flaherty stated that we believe this reflects what Council 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 City'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 4"' closing date with Miller Weingarten. Council Member Nabholz said it is her understanding that we would have to do this core and shell finish anyway at the same cost . • ) I • 0 ] • • Englewood City Council August 21. 2000 Page 12 : .. • • • -' :vtayor Bums pointed out that the City retains ownership of that space . it is not transferred to Da vid Tailor Assistant City Manager Flaherty said on the 75 year tem1, that was correct. Council ~lember Yurchick said he had a question on the S360.000 in-kmd for the first five years He asked 1fthere wasn't an additional in-kind . Mr. Flaherty said yes. that actuall y the S72.000 a year. acco rdin g 10 Mr. Taylor·s calculations, were for his performances onl y. In addnion to performances. he ha s a lso indicated, and we have indicated in the deal sheet. that Mr. Ta ylor would provide some add111 onal e rv1ces to the City, including discount s for Englewood residents and CityCe nter complex merchants. a s well a scholarships to all Englewood residents who fall below the poverty limit as defined by the Depamnent of Housing and Urban Development. :vta yo r Burns asked if there we re any other questions or comments about the deal sheet. There were none. The resolution wa s assigned a number and read by title : RESOLUTION 0. 76, SERIES OF 2000 A RESOLUTIO SlJPPORTING THE DEAL SHEET BETWEE:-.: E:-.:GLEWOOD E:-.:V IR O:-;ME:-.:TAL FOUNDATIO 'AND DA VID TAYLOR DANCE THEATRE . COl'NCIL ME:\1BER BRADSHAW MOVED, AND IT WAS SECO!\'DED. TO APPRO\'E AGENDA ITEM 11 (c) (\')·RESOLUTION NO. 76. SERIES OF 2000. Ayes : Co un cil Members 1'abholz. Bradshaw. Wolosyn . Yurc hi ck, Gra zuh s. Bums Nays : None Absent: Council Member Garren Motion carried. (iv) Mayor Bums noted that thi s is the recommendation from the Depanment of Finance and Administrative Services to adopt a resolution appropnatmg and transferrmg fund s fo r the hard and soft cost of the David Taylor Dance Theatre's relocation to the CityCenter Englewood site . Council Member Bradshaw said she had a question on the amount. She noted that o n this proposed resolution it says $690,000 and then we just approved the Baily's deal sheet with S668,000. Ms Brad sha w asked if we need to change this to reflect that. Director Gryglewicz said yes. that the ne w number 1s $943 ,000 in total. .. $668,000 is for the core and shell and $275 ,000 is the maximum for the tenant tim sh. The resolution was assigned a number and read by title: RESOLUTION 1'0. 77, SERIES OF 2000 A RESOLUTION FOR A TRANSFER AND APPROPRL.<\ TION OF F DS FOR THE HARD A;,,;D SOFT COSTS OF PROVIDING THE DAVID TAYLOR DANCE THEATRE . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO APPROVE AGENDA ITEM II (c) (h•) -RESOLUTION NO. 77, SERIES OF 2000. Ayes : Council Members Na bholz , Bradshaw, Wolosyn, Yurchick, Gra zuh s . Bums Nays : None Absent : Council Member Garren Morion carried. 12 . General Discussion • .. I • 0 J • • Englewood City Council August 21, 2000 Page 13 t-~.: -----~-• .. • • .. Mayor Bums noted they had Mayo r ·s Choice (Agenda Item 12 (a)) and Counc il Member·s Choic e {Agenda Item 12 (b)) at the end of their Study Session. He asked if anyone had any other matters the y wis hed to present. There were none. 13 . City Manager's Report City Manager Sears did not have an y matters to bring before Council. 14 . City Attorney's Report City Attorney Brotzman did not have any matters to bring before Coun ci l. * * •• * Mayor Burns advised that Council had a recomrnendatton to go imo Executive Sess ion following the regular City Council meeting to discuss three personnel iss ue s . COUNCIL MEMBER BRADSHAW MOVED. AND IT WAS SECONDED. FOR COUNCIL TO GO lNTO EXECUTIVE SESSION FOLLOWING THE REG LAR CITY COUNCIL MEETING TO DISCUSS THREE PERSONNEL ISSUES. Ayes : Nays: Absent: Motion carried. 15 . Adjournment Council Members Nabholz. Brads haw, Wolosyn, Yurchtck, G razuli s, Burns None Council Member Garrett MAYOR BURNS MOVED TO ADJOURN . The meeting adjourned at 8:23 p .m . • .. • I • 0 • • • • I • •., •• ,1 • • PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED VISITORS SEPTEMBER 5, 2000 NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES. EACH PERSON WISHING TO SPEAK SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT NAME ADDRESS TOPIC CCS1GN1 ,. ) I . 0 • • -• _, .. • I > • - PRO C LA'.'v!ATI O . WHEREAS . youth s uicid e 1s one of the most disrup tn·e :i n d t ragci c events a family a nd a commuruty can experience. and 1s occurring a t a nationa l rate of ov er 5 .000 yo uth s uicides a nnually and 1s the seco nd-l eading cause of death for peo pl e between the ages of 15 and 2-1 na t1onw1de ; and WHEREAS . Co lorado is one of the leading s tates of highe st youth suicide s with at least one youth s w c1de every week ; and WHEREAS . s uicide kills yo uth 3 to 6 ti me s more than ho mi ci de . Resear ch shows t hat 95 "'. of all yo uth s uicide s are preventable ; and WHEREAS , the issue of yo uth s uicid e a nd how to pr event 1t 1s of extreme imp or tance a nd mus t be recognized as an 1mm ed1ate need fo r awarene ss a nd preve ntio n ; and WHEREAS . s tatistics s h ow t ha t awareness , education a nd action does s ave lives . Heightened co mmuruty awa r e ne ss will e nco urage co m munities to develop strategcies to prevent youth suicides. The Cit y of Englewood , the found ing home of the Yellow Ribb on program. is pleased t o be at the fo refront n leading thes e wo rthwhile efforts ; a nd WHEREAS , the Ye ll ow Ribbo n 1s rap idly beco ming r ecog nized internationally as the sy mbol for the a w a r e ness a n d pr e ve ntion of Youth s u1c1de. It 1s recognized a nd used by s ui ci de prevention grou p,. cns1, .:e nter . schoo ls . ch u rches , yo uth centers/hos pitals . and especially youth them selves ; NOW THEREFORE. I, T ho mas J . B urns. '.\la yo r of t he City of Engle wood . Colo r ado. he r eby procl ai m the wee k of September 17 -23, 2000 as ; YELLOW RIBBON YOCTH SUICIDE .-\WARE:,.iESS .-\'.'ID PREVENTION WEEK in the City of Englewoo d , Col o rado. I urge all of our citizens t o work to preve nt yo uth suicide , wear a yellow ribbo n a nd to raise a wareness and to le ra nce a r ound a ll peo ple affected by thi s tragedy . GIVEN under my h and and seal this 5th day of Se ptembe r . 2000 . Thomas J . Burns. Mayor • 8 a ) I • 0 - • • • • I • .. • • .. PUBLIC HEARING ROSTER September 5, 2000 AGENDA ITEM NO. 9a PUBLIC HEARING BEFORE THE ENGLEWOOD CITY COUNCIL TO GATHER CITIZEN INPUT REGARDING: .. COUNCIL BILL NO. 68, AMENDING THE ENGLEWOOD TOWN CENTER PLANNED UNIT DEVELOPMENT SIGN STANDARDS. NAME ADDRESS >' , I ) I . 0 xi • • • •,. • - r~~oi:~i~.:tig~~~~-.&.~~"-"-~~..__"-,;,s._~~,~'--~1, (f, ENGLEWOOD HERALD ' i STATE OF COLORADO ss i t COUNTY OF ARAPAHOE (,y ~; I, Jeremy Bangs. do solemnly swear CITY OF ENGLEWOOD ~' ~ 1 that I am the Ed1'tor of the J ~ NOTICE OF PUBLIC HEARING /' r,: Englewood Herald ,, (,1 and that the same is a weekly newspa-Nollce 18 ..._, 111-lllat the City I i., Council of the Clly of Englewood, ~, .;' per publ ished in the city of Littleton in Colorado, ._ _........ • Public ~ the County of Arapahoe , State of .....,..e.....,CllyCouncU ~ (,~ Col orado. and has a general circulat ion ..... °" WTlllllll 5, 20CIO, •• ,; (t) 7:• p.a. In .. Clly Councll ..,. r,.' there in; that said newspaper has been a.....o11n ... acodC1¥1c l• 1,i publ ished continuously and uninterrupt -c:..r, 1000 _,......... l'arlcway, to ~ « edl y in said County of Arapahoe for a __., AN Ollll9tMCE I it'.., . Mmt011Z1NG AN AIENDIIENT TO ~r,•.:. f;i penod of more than 52 weeks prior to na INCILaWOOD TOWN CENTER ~< the first publication of the annexed PL-..o UNIT mVILOPIIENT 1:· t notice ; that sa id newspaper is entered in DISTIIICT IILAN INITT\.m 1f ,. p "PUMIID UNIT DevELOPIENr <t ct) the os t Office of Littleton, Colorado, -ITANDAW. • , •. ~;; as Second Class Mail maner and that ICC)IINCIL aLL NO. •1 ;! ,1) the sa id newspaper is a newspaper ·•• :! within the meaning of the act of the ~ ,:9 -~ 9: )f ~~ General Assembly of the State of '-1111 • 1n --. • 111 ........, r, °? Colorado. approved March 30. 1923. ~ .. C11r C1a111 ~ 1:11 II,& 111 ~ ~2 and ent itled "Legal Notlc11 and ·WI TIP I. .._ ...,.. (~~ W Advertisements" and other acts relat -....... • ...-• .. ._... t ,, ._... ........ ca, Clllll'a (, CJ) ing to the printing and publishing of legal Ollle, -..... ......... ..., ,, ~ notices and was published in the regular ......... .-..:~ ._. .. ~' :,) and entire issues of said newspaper, , 11, once each week , on the same day of :.: al • I aJ • Cllr i )!< each week . for a period of ·i i' -2 1.-111111 A. ... ca: ,. i , C11r C11111 ' '-_consecutiv e insertions and that Qlfallru;aJ • : the first publicat ion of sa id not ice was in -·-•......, , the i e of sa id newspaper dated .... e-.CllllaaattO : / 2000 •••m.wr11.,..-., .._ ..... ,,2,.7g • ' .. ! .. ,. ,, ,,. ;, 1 ~ (t Subscribed and sworn to before .........J. '} .,, me . a Notary Public . th is ·(/£.,A-,. ,,) tJ day • ''! 1' ~ of _.J..::.U~r.,;.t.~~~"'-f I No1 ary Public L..,,""~·-- • NOTARY PUBLIC STATE OF CO LORADO ---t..:•1 Cc .,..,r.·::!•~:-: E1.··w·~ :: '.!S/2C:~2 t.. / ~~~~sss....'"~~~-· • ) I • 0 • • -• • . . • - COUNCIL COMMUNICATION DATE : September 5, 2000 AGENDA ITEM 9a SUBJECT: Englewood Town Center PUD Signage Amendment INITIATED BY : Englewood Environmental Foundation PREVIOUS COUNCIL ACTION: STAFF SOURCE: Harold J . Sti tt . Senior Planner, Community Development Department On August 7 , 2000 . the proposed Englewood Town Center PUD Signage Amendment was approved on First Reading with a public hearing set for September 5. 2000 . City Counc il approved the Englewood Town Center Planned Unit Development as Ord,nance No . 82 . Series of 1998 on November 11, 1998 . PREVIOUS PLANNING COMMISSION ACTION: The Planning Commission approved the proposed signage amendment at a public hearing on July 18, 2000 . The Planning Commission previously approved the Englewood Town Center Planned Unit Development on October 27, 1998 . BACKGROUND: The Englewood Town Center Planned Unit Development District Plan Design Standards and Guidelines were created to provide site planning and design direction based on the unique nature of the project. The Standards and Guidelines help to re inforce the relationsh ip of the uses and establish the character of the development , a character that is also reinforced by the signage . At that time of the adoption of the PUD , specific sign criteria for the development had not been developed . Rather than leave signage consideration out of the Design Standards and Guidelines , the current Comprehensive Zoning Ordinance sign regulations the were incorporated . With site design, architectural character , and details complete. the Foundation is requesting that the signage standards and guidelines of the PUD be repealed and replaced with the attached signage regulations . The proposed signage regulations differ from the current Sign Code by placing emphasis on design rather than strict requirements . The Standards create categories of uses with min imum requirements . In addition to these categories , the Standards also define sign types specifically identified for CityCenter . The most notable feature of the Standards is the Design Review Board that will review and approve all sign designs. 1 he Board will help to insure overall design integrity throughout the development. The Planning and Zoning Commission, in their deliberations, offered three amendments concerning prohibited signs and references to joint identification signs locations . These amendments have been incorporated into the proposed sign regulations . LIST OF ATTACHMENTS: Bill for Ordinance Proposed Signage Amendment . ' I • 0 - • • -• • .. • -' BY AUTHORITY ORDINANCE NO ._ SERIES OF 2000 COUNCIL BILL NO. 68 INTRODUCED BY COUNCIL MEivIBER ______ _ A BILL FOR AN ORDINANCE AUTHORIZING A::-1 AMENDME::-.1T TO THE ENGLEWOOD TOWN CENTER PLANNED UNIT DEVELOPMENT DISTRICT PLAN ENTITLED "PLANNED UNIT DEVELOPMENT SIGN STAJ.'IDARDS ". WHEREAS , the Englewood City Council approved the "Planned Urut Development District Plan. Englewood Town Center PUD" by the passage of Ordinance No . 82, Series of 1998: and WHEREAS. Ordinance No. 82 , 1998 , approved the PCD District Plan with conditions, condition No. 3, required the s ubmission of a signage plan for Zoning Commission review prior to the issuance of the first sign permitted withm the PUD ; and WHEREAS , the passage of this or dma nce approve the sign s tandards for the Englewood Town Center PCD : and WHEREAS , the Englewoo d Town Cente r Planned l'mt Development District Plan Design Standards and Guidelines were cr eated to p rovide s ite planning and design direction based on the umque nature of the proJect : and WHEREAS , the Standards and Guidelines help to reinforce the rel ationship of the uses and establish the ch a racter of the development, a character t h at is a lso remfo r ce d by the signage: and WHEREAS, at the time of the adoption of the P UD, s peci fic s ign cntena for t he development had not been developed : and WHEREAS , rather t h a n leave sign.age consideration o ut of the De s ign Standards and Guidelines , the curre nt Comprehensive Zoning Ord mance sign regulations were incorporated; NOW , THEREFORE . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD . COLORADO , AS FOLLOWS: Sectjon l. An Am e ndment to the Englewood Town Ce nter Planned Unit Development Di s trict Plan entitled "Planned Unit Deve lopment Sign Standards'', attached hereto as "Exhibit A." is here by accepted a nrl a pproved by the Englewood City Council . Introduced. read m full. and passed on first reading on the ith day of August, 2000 . -1- • I • 0 - • • • • ~ ·~ • - Published as a Bill for an Ordinance on the 11th d a y of August, 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 7th day of August, 2000 . Loucrishia A. Ellis -2- ,, .,; .. • ~ • I • 0 • J , ... )' ~ .. .. .. • • .. SIGN STANDARDS • Englewood Town Center PUD Attachment Number 9 • 0 • X ... I a I T A ' .. ,, .. I· 0 • • 'I -.. Table of Contents 3.6.1 General Statement 3.6.2 Sign Requirements and the Des1if1 Review Process 3.6.3 Signs Subject to Permits 3.6.4 Signs Not Subject to Perm its 3.6.5 Signs Subject to Temporary Permit 3.6.6 Illumination Requirement 3.6.7 Permissible Sign Materials 3.6.8 Permissible Sign Types 3.6.9 Maximum Permitted Sign 1/olume / Area 3.6.10 Permissible Sign Locations & Methods of Insta ll at ion 3.6.11 Auxi liary Graphics 0 3.6.12 Joint 10 Signage 3.6.13 Res i dential S,gnage 3.6.14 Office Signage 3.6.15 Maintenance and Upkeep • • I· 0 1 • • • Introduction i~ ~ •,. -----.,,.------~---• .. • - A Vision for CityCenter £nglewood CityCanter Englewood is the realization of a master plan to create a unique urban environment that enhances the economic, soc ial. physical and cultural life 1n the Denver metropolitan area. This project offers a strong sense of community to people moving to the metroplex and to our active lifestyle, by combining art 1n public places. live performance venues and an urban mix of retail shopping and res1dent1al. CityCanter creates a memorable . dist1nct1ve and human environment that 1s easily accessible by the li&nt rail transit. The convenience of diagonal parkin& in front of the retail district reinforces the feel of community w1th1n an urban fabric. Supported Values The City encourages retail tenants and residential property owners to take advantage of the three- dimensional sian criteria allowed by the "Creative Sians" standards-These standards give preference to creative s11ns utilizing three-dimensional volume. unique angles . shapes . materials. color and l ighting to express the character of :he business ano tile surrounding urban environment. • The voluml! signs capture the •1iewer 's eye as he/she trave ls around ·ne ,olume of :he si gn . This creates lonaer and greater viewing of the business exposure wh il e add i ng enter:a1nme nt value to the experience. The rights of the retail tenants should not subordinate the rights of their resident ial neighborhood. The mix of retail and residential must respec: the balance of the urban •11llage . All areas exposed to public view within and surround i ng the Planned Unit Development (P'JD l. will be reviewed by the Creative Sign Standards Criteria. Retail tenants. residential entry identification and common areas shall avoid linear or boxy forms i n preference of dynamic curves . angles. materials and lighti ng of signs with volume. a.ti All retail tenants and residential development owners are ~ncouraged to express their own un 1que design statement w1th1n the parameters of the des ign criteria for signs and "common area ·· street graphics . General Statement The Ci ty of Englewood recognizes that signs within Englewood Town Center PUD are a necessary means of visual communication for the convenience of the public and that it is the right of those concerned to identify their businesses or services . Therefore. the Ci ty encourages unique and innovative urban signs and street graphics. not only to aid in the creation of shopping and commerc ial areas but also to enhance and i mprove the character of the PU D as a whole . 2 • ) I • 0 • • • • - 3.6.l.l Signs shall be well-designed. legible and appropriate to the uses permitted. as ·Nell as compatible with their surroundings and with the buildings to which they pertain . Spec ial consideration must be given to the following: 1. Materials 2. Illumination 3. Scale 4. Color 5. Dimension, relief or projection 6 . Architectural Quality 7. Movement 3.6.l.2 Signs must be structurally sound and constructed of high Qua I ,ty, durable materials appropr iate to an urban setting . 3.6.l.3 Signs must strike a reasonable balance between :he right of ;he ind1v1dual to identify hi s or her business and the right of the public to be protected against the visual discord resulting from t he unrestric:ed proliferation of signs and similar devices . 3.6.l.4 Signs should not obscure the vision of motorists. and/or comoete or confl ict with necessary traffic signals or other regulatory devices . 3.6.l.5 Signs snould be uniQuely designed to create a harmonious relationship with the ir surround in g environment. li2 Sien Requirements and the Design Review Process. 3.6.2.2 Sign Specifications In order to help Tenants of the PUD design and install signs th at perform these functions. the City Counc i l has deemed that proposed signs should comply with the spec ifications set forth in Sections 3 .6.6 through 3 .6.11. Proposed signs that do not comply with these spec ifications may be apcroved only where compliance with these spec1ficat1ons are not pract ical or feasible or where they would prohibit a design solution that embodies the spirit of this Ordinance . 3 I • 0 • • -• • • - 3.6.2.3 Design Review Process Prior to installing any sign. the Tenant (or Owner or Author ized Agent) must co mplete the Design Review Process . 1. Application for Review Not later than seven (7) days after taking occupancy 1n the PUD. the Tenant shall subm it three (3) copies of the application for the proposed sign to the City. The app li cat ion shall consist of drawings for the proposed sign and a copy of the permit app li cat ion specified 1n section 3.6 .3 . l. The City shall ver i fy that the application is complete . Any incomplete apo il cat1ons will be returned to the Tenant . Within seven (7) days of receiving the appl ication. the City sha ll veri fy that the proposed sign complies with the spec 1ficat 1ons set forth 1n sect ions 3 .6 .5 through 3 .6.11 . and : a. If the proposed sign is found to comply with th e spec :ficat1o ns . th e C,ty sha ll forward the application to th e Des ign Review 3car d N1th1n t hree {3 ) oays . b. If the proposed sign is found not to co mp ly, t he C.ty sha ll notify th e Tenan t. With i n seven (7) days . t he Tenant sha ll have th e option :o mod ify th e des ign an d re-apo ly or '.o notify t he City t hat he or she requests a variance from the spec 1i icat 1ons. In the latter case. with i n three (3 ) days the City sha l l submit th e app ll cat 1o n and a non-compliance report to the Design Review Board . 2. Design Rev,ew All proposed signs shall be reviewed by a three-member Design Review Board ('th e Board') cons 1st 1n g of an independent design professional aopointed by th e C ty Counc il. :he PUD site plan Arc n11 ec: and the PUD Plan Adm inistrator . No late r :h an ten (10) days after rece 1v1ng all aoo l!cao le :riater 1als from th e City . th e Board shall revi ew the proposed sign and noti fy th e Tenant .n 'Nri ting ,:,f ~11 er : a. Appr ov al . 1n Nh 1c h case th e Tenant 1s sub1 ec: to obtaining a perm it ana sub se quent 1nsta ll at 1o n of t he sign . b. Re 1ec t1on . c:. When re1ec:1ng a proposed sign . t he Board sna il 11st th e reasons for :he re1ec t1 on . The Tenant shall then have ten ( 10) days to either : 3.6.2.4 1. Submit a new application to the City and begin the Design Re•11ew Process again . The new applicati on can be for either a new design or for a version of th e or1g1nal design mod ified accord in g :o the Boaro's comments: or 2 . Begin the appea ls process as outlined in Sect ion 2 : Admin1strat 1on of t h is PUD . Sign Modificat ions Any Tenant wishing to modify an approved sign must comp lete the Des ign Rev iew Process set forth i n this section for the proposed mod1ficat1on . 4 • I • 0 • • • • .•. • - 3.6.2.5 Supplemental sign elements Supplemental elements i n add it ion to the primary sign may be inc !uded as part of the primar1 sign . The maximum area of supp lemental sign elements may be up to thirty (30) percent of t he primary sign area. Secondary sign elements can consist of shapes that accent the sign visually but do not pertain to the message of the primary sign . These elements may project beyond t he allowable volume at the discretion of the Design Review Soard . 3.6.2.6 Postal Address Requirement All storefronts must display a plainly vis ible and legible postal address . The address must be located above the door frame of the main entrance and must be maae of vinyl-applied. painted or foil leaf characters three (3) inches 1n height in a contrast i ng color to the surrounding materials . Style and application of these addresses shall be un;form t hroughout the PUD . 3.6.2.7 Storefront Signs Sign Design Criteria for In-l ine Tenants Inc l ude : • Sign he1gnt above floor : Bottom of sign to be B' min imum . • Letter size: Proport ional letters requ ired . See sceC!i ic guide li nes set w1th 1n eac~ of th e four (4) different tenant sign types. Note: Letter d imens ions of greater prooort ions may be considered 1f , 1n t he Design Review Board 's opinion . the sign des ign 1s of except ional me ri t and architectural quality. • Location on storefront : 15· maximum he1gnt from grade in multi-tenant buildings and a· m1n1mum except window signs. • Neon rheostat contro ls are to oe 1nt~ral 'N1tn :rans for mers or Des ign Review Board 's adjustment . No ske le!on neon -al l neon 1s to be :iac ked :iy a solid shape or open meta l channel outlining on exte ri or signs . • Sox or cabinet type of signs are not allowec . • Electrical raceways are not to be v1s 1ble . • Signs must comp ly with all codes and reg ul at ions. mus: bear the U .L. labe l and must have current sign permits . li1 Sicns Subject to Permits It shall be un lawfu l to display. erect . construct . re locate or alter any sign without first filing with the City an app l ication 1n writing, paying apo l1 cab le fees and obtaining a sign permit. If a sign has been d isplayed . erected . constr ucted . re located or altered N1thout such perm it or not 1n accordance with the terms of such perm it. the sign must be removed w1th1n five (5) calendar days of off ic ial not ice. When a sign permit has been issued by the City, 1t shal l be 'Jnlawful to change. modify, alter or otherwise deviate from the terms or cond1t1ons of said permit without prior approval of the City . A written record of such approval shall be entered upon the original permit app l ication ana maintained 1n the files of the City . 5 I • 0 • • -• • •,. ... ·~ • -.. 3.6.3.l Application for Permit Application for a sign permit shall be made by the owner or tenants of the property on which the sign is to be located, his or her authorized agent or a sign contractor l icensed by the City of Englewood . Such applications shall be made in ·Nriting on forms furnished by the City and shall be signed by the applicant. The City shall, within five (51 working days of the date of the application. either approve or deny the application -or refer the application back to the applicant 1n any instance where insufficient 1nformat1on has been furnished. If the City finds that work under any permit issued is not 1n accordance with the information supplied in the permit application and/or 1s in violat ion of this or any other pertinent ordinance : or should it be found that there has been any misrepresentation 1n connect ion with t he application for the permit. (including a non-suffic ient funds check). the sign owner . lessee or erector shall be notified of such findings and that 'he violation must be corrected w1th1n five (51 working days of notice . If such correc!1on 1s not made . the permit sha l l be revoked and written notice thereof shall be served upon the sign owner of erec:or. No person shail proceed with any part of sue~ work after such notice 1s receive<:i . The owner . !essee of :he sign or the owner of :he property on which the sign 1s located sha ll have the ri ght to apoeal th e dec ision of the City in t he manner proved for 1n subsect ion 16-2-8A of ne ::nglewood Mun1c 1pa l Code . If actual work either on-or off .site 1s net comme nced under any sign per m ,t iss ued w1 th 1n si xty (60 ) days from the date of such perm it . the permit sha ll automat ica l ly :iecome nul l and vo1c . De lays which are not a result of wlilfu l acts or neg lect oi the contrac:or. owner or person obtaining the permit may be excused and the City may grant an extension of t ime 1n which to start of resume operat ions. All requests for extens ions anct approval thereof shal l be 1n writ ing . When any permit has been revoked under the terms of this Sect ion . perm it fees shall not be refunded. 3.6.3.2 Plans. Spec i ficat ions and Other Dara Rec;uesred The application for a sign perm it issued by C,ty sha ll be ac:om ca n 1ed Jy :he oll cwing plans and other 1nformat1on: The name. address and te teohcne umcer :if :he owner or person entit led to possession of the sign and of the sign contractor or erec:or : the locat ion 'Jy street address of the proposed sign structure: complete in iormat 1on as reou 1red on apc l1 cat 1on forms provided by the City, including a site plan and ele•,at1on draw i ngs of he prcpose'J sign drawn to scale . capt ion of the proposed sign and such other data as 1s pert in ent :o :he aoc l1 cat 1on : plans 1nd 1cating t he scope and structural detail of the work to be done . inc tua1n g deta il s of all c onnections. guy lines. supports and footings and mater ials to be sed : aoc 11cat 1on for an elec:ri ca l permit for all electrical signs and the required 1niormat 1on for such app l 1cat 1on : and a statement of value or cost of the sign . 3.6.3.3 Permit Fees A permit fee shall be paid to the City for each sign permit issued under t his Section. The permit fee shall be in accordance with the fee schedule established oy the City Counc il. 6 • . I • 0 •• • • 3.6.3.4 . . •' • • -' Identification and Marking of £iectrical Signs Each electrical sign hereafter erected or remodeled shall bear thereon a clearly legible identification plate not exceeding six (6) square inches in are. stating the name of the person. firm or corporation responsible for its construction and erection. with installation date and permit number and shall be marked with input amperes at full load input. Identification plates. labels or stickers must not be visible from any part of the common area. l. All electric signs shall be constructed of non-combustible material. An electric sign shall be rain tight. but service holes fitted with waterproof covers may be provided to each compartment of such sign. All electric signs installed or erected in the PUO shall meet or exceed standards set by the Underwriters Laboratories. Inc. 2. No electric sign shall be erected or maintained that does not comply with City electrical code. 3. No electric eQuipment or electrical apparatus of any kind that causes i nterference ·iw1th rad io or television reception snail be used 1n the operation of an i lluminated sign. Whenever interference 1s caused by a sign that is unfiltered. improperly filtered or otherwise deiec:ive. or by any other elec!rical aev1ce or apparatus connected to the sign. a member of the Des ign Review Board may order the sign disconnected until it is repaired . Licens ing and Insurance Reau,remenrs Any person. fi rm or corporation engaged i n the business of install i ng, erecting, moving or ma1nta1ning a sign 1n the C,ty of Englewood shail be duly licensed by the Ci ty. U.! Sip Not Subject to Permits No permit shall be reau1red to carry out maintenance to a conform ing sign 11 no structural changes are made. The :a ll owing signs d1solayed :or non-commerc ial purposes. may be erected and maintained within the PUD without permit. Such signs shall be 1n add1t 1on to all other signs permitted 1n the PUD. prcv1d1ng such signs do not require direct electr ical wmng and conform to setbacks and other physical charac:erist 1c reou1rements of the aes1gnated PUD . E•1en thougn permits are not required for the following signs. wall-mounted signs shall be :ccated only 1n the s1gnable area and window signs shall conform to the spec 1ficat 1cns set forth in Section 3.6.8.3 . This restrict ion shall not apply to holiday dec:irat 1cns or to short-term advert1s1ng as provided 1n subsection 3.6 .4 . l l. 3.6.4.l Bulletin Boards Bulletin boards for public . charitaole or religious 1nstitut1cns. which are not over twe lve (1 2 ) square feet 1n area and which are located on the premises of said 1nst1tut1ons . 7 . . I • 0 - • • -• • ,. • .. .. • - 3.6.4.2 £/ec t ion Signs Election signs shall not be posted more than forty-five (45) calendar days pr ior to the election to which the s1in relates and shall be removed within fifteen (15) calendar days followini the election to wh ich the siin relates. Election signs must be window or wall-mounted signs and shall not be a banner of paper or cloth. Each election siiin shall not exceed twelve ( 12) sQuare feet of total siin area . 3.6.4.3 Fla,s Flaiis of nations or an organization of nations. states and c ities . and not exceedini t hirty-five (35) SQuare feet in area . 3.6.4.4 Holiday Decorations Siins in the nature of decorations. clearly inc identa l and commonly assoc iated with any nat ional . local or rel igious ho liday : provided that such signs shall be di splayed for a peri od of not more than sixty (60) consecutive calendar days. Such s1ins may be of any ty pe . num ber . area . height. location . illumination or animation and shall be located so as not to conf lict with traff ic regulatory dev ices . 3.6.4.5 Ideological Signs Two ideological signs not more than twe lve (12 ) sQuare feet in total sign area . 3.6.4.6 Memortal Signs Memori al signs or tab lets g1v1ng the name of bu ilding and date or erect ion . when cut into any masonry surface or inlaid so as to be part of the building. 3.6.4.7 Pub lic Signs Signs required or spec ifically authorized for a pub l ic purpose . 3.6.4.8 Sym bols Symbo ls or crests of nat ional. state . religious, fraternal , profess ional and c 1v1c organizations . 3.6.4.9 Contractor Signs A sign not more than th irty-two (32) SQuare feet in total sign area . wh ich names the contrac t ors or sponsors eniaged in construction on the property where the sign is locate d . 8 •· I • 0 - • /' • • - 3.6.4.10 Real estate Signs Signs which advertise the sale . rental or lease of the premises upon which said signs are located shall comply with the following standards : l. Resident ial uses shall be permitted one sign of not more than six (6) square feet per face in area. Such signs shall not extend or project over any property line. 2 . Commerc ial. office and industrial uses shall be permitted two (2) signs of not more than sixty-four (64) SQuare feet total. 3.6.4.ll Short-Term Advertising Signs In addition to other permitted signs. Tenants may display short-term advertising signs. provided such signs are li mited to window or wall-mounted signs . Short-term window signs shall not cover more than ten (1 0) percent of the window are in add ition to that spec ifi ed in suosect ion 3 .6.8 .3 . Short-term advert ising signs shall show t he date installation or disolay and shall be l imited to a two (2) week period of display, after wnich a permit shall be requ ired . ~ Sisns Subject to Temporary Permit The follow1na signs may be displayed under the conditions desc:1bed. upon grant in g a temporary permit. 3.6.5.l , Spec ial event signs are permitted 1n add ition to all other signs allowed 'or a ;ierm1tted use . Suc h signs shall be limited to no more than eight (Bl feet in height. sha ll not exceed :en (10) square feet 1n are and snail not be displayed for more than thirty (30) calendar days . One spec ial event sign may be perm itted in add 1t 1on to all other signs . Sue n sign shall be li mited to •Na ll or window signs . Such sign shall not be more than twenty (20) square feet in area and sha ll not be displayed for more than thirty (30) calendar days. li.§ Illumination Requirement All signs must be il luminated during hours of darkness and only during t he tenant's normal business hours. subject to the following provisions : 3.6.6.l Means of Illumination Perm1ss1ble means of illumination inc lude incandescent, halogen . fluorescent. neon and exposed neon tube. Internally i lluminated or non-illuminated pan1flex/plast 1c canopies or ind ividual plast ic letters are proh 1b1ted . 3.6.6.2 Maximum Bn1htness The maximum brightness of illuminated signs shall be fifty (50) foot-lamberts as measured one (1 l foot from the source of I ight. 9 • 0 I • 0 - • • ,,-. • ... • - 3.6.6.3 Color of Light Signs may be illuminated with a variety of colors. prov ided the colors do not conflict with traffic signals . 3.6.6.4 Flashing illumination Prohibited on all signs are lights or illuminations that flash, move . rotate. sc i ntillate. blink, f licker. vary in intensity, vary in color or use intermittent electncal pulsations . 3.6.6.5 Animated Graphics Animated signage and graphics are encouraged . provided that proposals for such meet all requirements in this ordinance. M.I Permissible Sip, Materials Fabrication and installation shall comply with all app li cable local. state and national elec t ric codes . All s1gnage materials shall be UL rated for exterior use . And . al l signs are sub1ec t to th e following provis ions , 3.6.7.l Paper . paniflex material , formed plastic, injection-molded plastic and typ ical box-type si gns are strictly prohibited. 3.6.7.2 Sign fabncator plates. labels or sticker.. must not be directly visible from any part of the common area . U,.8 Permissible Siar, Types 3.6.8.l Projecting Signs A pro1ecting sign is a sign attached to and pro1ectin11 from the build i ng wall i nto a different plane than that of the building wall. Generally, these are 3-dimensional sculptural signs composed of di mens ional letters and iconic forms relat i ng t o Tenant's identity. (see example in 3 .6 .9 .2 ) 10 •· .. ) I • 0 - • • • 3.6.8.2 Individual Letters ~-· .• • • -' 1. Silhouette or Halo-Illuminated Letters . Fabricated metal letters with polished. brushed or baked enamel painted finish. backlit 'Nlth warm white neon or neon in a contrasting color. Letterforms must nave a return thickness of a minimum of three (3) inches 1n depth . 2. /;;<posed Neon . Exposed luminous tubing letters or grach1c forms . The 3e:eptable range of neon tub1n& 1s between twelve Cl2l and sixteen (16) m1 limeters 1n thickness . Dimmer transformers must be used on all excosed neon tubes . No exposed tubing crossovers. raceways or transformer boxes are permitted . A minimum of two (2) colors must be used. All exposed wall-mounted neon. except secondary neon graoh1c elements. must be grapn1cally supported with similar graphic shape or contained with in a channel. 3. Applied Letters on Glass. Silk screened paint. foil leaf or machine cut vinyl letters or logos. Letters or logos must be applied to the Tenant's side of the storefront glass as least three (3) feet above finished floor . Letters or logos may not exceed four (4) inches 1n height . 3.6.8.3 Window Signs Window signs shall not occupy more than ten (10) percent of :he total area of the window 1n which they are displayed . This ten (1 0) percent maximum coverage shall inc lude all signs ~xcept short-term advertising signs. Signs d isplayed twe lve (12) inches or less from the interior of windows shall be debited against :he square foot area allowed a permitted use. Window signs in windows above the ground floor are l imited to letters or logos. not to exceed i our (4 ) inches in cap height. 3.6.8.4 Wall-mounted signs Any mater ial that coordinates with the c~aracter and design of the ienant's storefront and features the Tenant 's name and/or logo in a f lat . decorative. two-d imens ional plane ·N1th 3· dimens1ona1-lookin& painted. applied or carved/sculpted reltei graphics. Wall-mounted sign graphics must consist of graphics in a dimens ional -nanner or d1mens1onal graphics at least or :· half (1 /2) incn thick. A border /reveal of at least three (3) inches must be ma1nta1ned . Rectangular. box and flat signs are discouraged. 3.6.8.5 Canopies Shade and decorative structures over the storefront entry and /or windows must be constructed of a rigid metal frame with an exterior grace faerie covering . Internally il lum inated or non- illuminated pan1flex/plastic canopies are strictly proh ibited . 3.6.8.6 Banners Banners and flags that provide information related to the goods and serv ices shall be constructed of exterior grade fabric. 11 • ., ) I • 0 • • • • • - 3.5.8 .7 Mcv e r-e,..: r 5 .g ... s S,grs ~a ~ c ,cy ·11 s,:1e 11ec -an ,c al T ov ement oy means of moving, revolving or rotating parts. Ga Lges ar: :,a,s ,a v :e ;r,,rr ar~-= :o :he exte nt necessary to display correct measurement. Signs w,rn -o·,er-e0 : are s~::1ec: :o :~e ·eg u 1at 10 s stared und er Subsection 3 .6 .6.4. 3.5.8.8 The =ollow,;g S,gn ~vces .4re ~.1c:;urage d : • 3-),me ns,c na l ,01t;m e s,g:i s • Re,,erse :han re l. 1a 10 dl um ,nat 1ng letters as ;:iart of a pro1ecting 3-D1mens1onal volume s,gn . • ::,:ose ; -e~r ·ec esse-: n oce :1 me:a l ch ar. el !et:ers . 12 • 0 I • 0 - • • • • '•' .. • - • Internally-lit routed fasc ia with push-through plexiglass letters or graphics. TOfflfflyl'lu...,,·,.o....C:l • Edp-l it. sandblasted glass {continuous light source . no spot lights). • Cast metal letters. raised or flush with fasc ia surface . • Go ld leaf on glass or stone . • Sil k-screened glass or metal panels . • Threshold signs flush with flooring -wood . tile. stone . metal 3re al lowed 1ns 1de tenant entry. but are NO T allowed ,n exterior :ommon area . • Indirect 1llum1nat1on on non -i nternally i lluminated signs . 3.6.8.9 Proh 1b1rea s,,ns • Vac uum formed or 1n1ect1on-molded plastic signs . • Cab i net or "can" s1ans with i lluminated trans lucent backgrounds and silhouetted letters. • Exposed ske leton neon applied directly to fasc ia element. • Freestanding tri pod signs . • Flasn 1ng, sc 1nt1llat1ng, moving, sequenc i ng, audible or odor produc ing signs . • Paper . cardboard and Styrofoam signs . • Cred i t card and advertising placards . decals . st ickers or trademarks. • Manufac t urer labels . • Carpet or rubber entry mat signs . • Internal ly illum inated awnings . lii Maximum Permitted Sien Volume / Area 3.6.9.l Bas is for Computation of Sign Volume I Area For the purpose of determinina the total allowab le sian area for buildings with more than one frontage . the following criter ia apply : l . Buildings with more than one Tenant are defined as 'Multi-Tenant Buildings'. Buildings where a single Tenant occupies the entire buildina envelope are defined as 'Single-Tenant Buildings'. 13 • I • 0 • • • 0 0 • "-· S ·5 -s ~av :e oca ec :-a-·, s1ce ;r :ce : ·c :,g :ut :h e :ota l si gn area a n 3n y on e side of :r,e Ju 11 c "'g ""i:av :er ~xceei: :""'e are.: :;:r-::er; :n :he ::>a s1s of :hat ;rontage ..:on s1o ereo rcecer.cer!",1 J .:r~er •r :;-:2ges . fa=~ J -5 1as ""'\Cre ·"ar :re --:-:Ji;~ :~e "71ax 1mum s ign area 'or :he ou il c:n g s oasea on t .e :c:a1 1cr ·.::rita e •g:-;· ·c: -c ·e :-a ~.vo :Jnt1gucu s 'ronta ges . 3 .6 .9 .2 S,rg ·e-·er.ar:s -3 ·ree -s:arc -s ::a::;." ·=-3r."5 .v,~-;ver ~ .:co s.f. -e-ar s .v 1t " -c-e ·~ar :re --:-:a5:! -~ ··~e s,a-::1r g sin gle :enant :uil a:n g are allowea one Na 1,.r-c n:ea: :r :,ec: r g s 5-:e• ··:c:age :c , -ax 11rum of :hree ,3 ) :u :l a 1ng faces. E:ac . sigr sna ll :ea --ax •:-rL.r ~,z::; 3S ..,c :c: ., :;ec : :r 3 5.? 2. Ad :era-:s r ·-e =-~ a·~ 3 ~ .... ~: ::--: ·: :.-. -5 :;·5-: ces ,.,t-a :~mc1rec -nax 1f""".L.r. s1gr"'ac e area :e,: :r:2ge 3S ""Cte c "'sc:: .;,.... 2 ~?.: .:,..: ~ :i~ 2 1r--e ·e,-a"':S .. 3 -... : -·e ... .;"': : ... : .. 5 .v :-··:.: ·~: ... :ages Jn ~"'g 1ewocd :,arKwa 3nc ·r e :ar,( -g 5,ce :· ·--:: :_ : -s ·2:: -s :-~ -a..-::.:e-.:.e-_e =r:e,.. 21. ay 1a 1,e :~e '0 1i c N1rg a. .Va r • 'Q<, '-,;. ·! .. -.. ., ;: -' r :::c as 1ctec n sec ::cr .., o '.? .1 ·-::· .· ·.-"-' -. .,. ~~-~'":.. b. 3 .ace s,g~s a':· a: :'":: -: .. : ""5 ! s--s :.:_: ,e.·:3c:·: N :~ 3 --ax rv-Jf :'NC ~ s .· :er 5.ce 3 ac:: sig-s --a·, :e r:~·'"'.s . _--::~.: :--= : : ace s,g'" :e" ·rcn ag': s .3 1 cwec . r. ac:1:,cn ~o .v a 1 .)r :,::1ec: -s 3 5-s 14 • • • ----~---··-......---------;-----------~---------~-------• .. .. • - c. One w1na ow sign with a max imum size of :wo (2 ) s.f. if used in combination with other sign ty~es on the same iromage (1e: can opy signs & :i !aoe signs), applied to the interior side of the glass. d. On e l ll s1g ;ier :ancc y. e1t~e r : ,e :i-1 s,ne~s ,ame 1n text only on the canopy fasc ia or t he s,r.-:oo l/lcgom ar k exc !l.0 1:;g ego :y~e c e!it,i ,cat •on per canopy. The iogo /symbo l not to e~cee o two (2 ) s .f. 1n m e . cec.t e:ec c :he ;,cce canopy surface . 15 • ', ) I • 0 2X - • • • • • -.. Formula for surface area of projecting volume signage and wall-mounted signage To encourage use of volume signs: To determine the total area. count the area of the largest face of a volume sign , drawing a l ine around th e rect i linear form to include the largest two dimensions. 11 ·. : ;; I' ... ~' __ ,. __ Volume signap Examcle : Vo lum e signs offer three (3) sides (A. B. CJ for calculating s1gnab le area (3 ' x 5"; 4' x S'; 3 ' x 5') for a total s1gnable area of fifty (50) SQ . ft . However. on ly the area of :he largest iace will be counted (4' x 5· = 20 SQ . ft.). D I I' I 1---,·-- Flat, wall-mounted signage Flat. wall-mounted signs offer one (l) side for calculating s1gnab le area (4 ' x 5 ') for a to tal signable area of twenty (20) s.f. The examp le of a volume sign allows 50 s.f. of actual s1gnable area. To encourage use of 3-dimensional volume signs. only the area of the largest side will be calculated and counted toward the tenants ' total allowed SQuare footage. (In this example 20 SQ . ft.l On ly the Tenant occupying the ground level of a bu i lding may install a projecting volume sign and proiecting volume signs are limited to one (l) per Tenant. Volume Projecting Signs on Multi-Tenant Buildings The total allowable area for projecting signs on multi-tenant buildings shall be based on the length of a tenant's frontage along the primary facade, according to the following calculation : Tenant Building Frontage x .7 • Maximum Allowable Sign Area Example : 125 ' of Frontage x . 7 = 87 .5 s.f. 16 • ) I • 0 • • • I •, ,,., .. • - 3.6.9.J Signs sub1ect to a Limit on Area (Non-projecting Signs) These signs. referred to collectively as ·non-pro1ecting signs', include the following : individual letter signs. wall-mounted signs. canopies, banners and flags . The maximum permitted area for non-projecting signs shall be computed according to the following provisions : 1. Regular Shape. In computing the area of a sign . this section shall be administered using standard mathematical formulas for regular aeometric shapes. including. without limitation. triangles. parallelograms . circles. ellipses or combinations thereof. 2. Irregular Shape. In the case of an irregularly shaped sign or a sign with letters or symbols directly affixed to a building, the area of the sign is the entire area within a single continuous rectilinear perimeter of not more than e11ht straight lines enclosing the extreme limits of any writing, representation, emblem or any fi1ure of s1m1lar character, together with any material or color forming an integral part of bac1<&round of the display if used to differentiate such sign from the backdrop or structure against whic:, 1t is placed. 3. More than One Element. The total surface area of non-proiecting signs composed of more than one sign element includes the 'lertical and horizontal spac ing between eac h element of the sign . 4. Length . The length of a non-projecting sign shall not exceed fifty (50 ) percent of th e length of the wall or the width of the leased space of the wall on wh1c:i 1t 1s located . whichever is less. 5. Non-Projecting Signs on Multi-ienant Buildings. The total allowable area i or non-pro1ect1ng signs on multi-tenant buildings shall be based on the length of a tenant's frontage. accord in g to the following calculat ion : (multiple frontages allow the same formula for each frontage ) Total Buildin1 Fronta1e x 1.2,. Muimum Allowable Sian Area Thus. a tenant with thirty-five (35) linear feet of frontage would have !orty-two (42 ) scuare feet of allowable sign area (35 x 1.2 = 42). 6. Single-Tenanr Bu1/dmgs. The total allowable area for non-projecting signs on sing le-tenant bu1ld1ngs shall be based on the area of the building, according to the fol lowing calcu lat ion : Total Buildin1 Area x .020 = Muimum Allowable Sian Area. not to exceed 1,000 square feet. Thus . a tenant occupying a 20.000 sQuare-foot building wou ld have 400 sQuare feet of allowable sign area (20,000 x .020 = 400). 17 I • 0 - • • • ,,-. --------------------------.,.~----- 3.6.9.4 Jipe A Freestandinf Retail Tenant Requil'ffllfflts (50,000 s.f. or rruterJ • • - The following requirements apply spec ifically to all Type A Tenant signs : " l. One wall-mounted or volume sign is perm itted per store frontage . Vo lume signs are limited to one per tenant. Tenants occupying corner spaces may ut ilize one s,gn per elevation with a maximum of three (3) signs. One of these signs may be a volume sian on a corner when fac ing the interior of the development on both effected frontage. To encouraae volume signs, the corner is the only option to give exposure to the fourth side of the bu i lding. 2 . In all cases where blade signs are used, blade signage area is not to exceed four (4) s.f ., with total sign area including armature not to exceed six (6) s.f. Total blade sign s.f. of build i ng signage on the street side . 3 . Maximum height of letters on storefronts shall be li mited to: All Caps : 72 '" Two size letters : 96" Lead ing letter 72 " Remaining text 4 . All signs must be 3-Dimens ional . f inished on al l sides wi th a maximum retu rn oi si x (6 ) inches . (No f lat. painted panel signs ). 5. Tenants shall follow all additional General Requirements as listed . Jipe B Freestandin1 Retail Tenant R,:qui~ments (20,000 s.f. to 49,999 s.f.J The following requ irements app ly spec ifically to all Type 8 Tenant signs: ... c., •• ;,., 1---------.l,\---, •. -----------! f I :. -. -. ·. ·. -. ·_ ·_ ·. ·_ ·. ·'N-~wmuleis·. ·. -_·_ ·. ·. ·. ·. ·. ·. ~ -~ Li1Hr IHI for 1i11 11511'!1. ol -1ildl11 lroat11• (i1 iiHar IHII . l. One sign is perm itted per store frontage . Tenants occupy ing corner spaces may uti lize one ( l ) sign per elevat ion with a max imum of t hree (3) signs . One of these signs may be a volume sign on a corner when fac i ng the interior of the deve lopment on both effected frontages . To encourage volume signs, the corner is the only option to give exposure to the fourth side of the bu i lding . 2 . In all cases where blade signs are used. blade signage area is not to exceed four (4) s.f .• with total sign area includ i ng armature not to exceed six (6) s.f . per side. Total blade sign s.f. effec t s maximum s.f . of building signage on the street side . 18 I • 0 J • • :,,--. • • -... 3 . Maximum height of letters on storefronts shall be limited to: All Caps : 40" Two size letters : 48" Leading letter 40" remaining text 4 . All signs must be 3-Dimensional. finished on all sides with a ma,umum return of four and one-half (4-1/2) inches . (No flat . painted pane l Sli!"S l. 5 . Tenants shall follow all additional General ReQu1rements as l isted . 1)pe C Freemndl"I ltld lnllne Retail Tenant Requitements (10,000 s.f. tr, 19.999 s.f.J The following reQuirements apply spec ifically to all Type C Tenant signs : ti s 131' __________ __. Linar IHI ler 1i1• II 91'!1. ol ••ildi•t lrtet•t• Ii• liaHr IHtl. l. One sign is permitted per store frontage . Tenants occupying corner spaces may ut1 l1 ze one sign per elevation with a maximum of three (3) signs . One of these signs may be a volum e sign on a corner when fac ing the interior of the deve lopment on bot h attec:ed frontages . To encourage volume signs , the corner 1s t he only opt ion to give expos ure to t he fourth side of the building. 2 . In all cases where blade signs are used . blade signage area is not to exceed four (4 ) s.f ., with total sign area inc l uding armature not to exceed six (6 ) s.f. Tota l 'J lade sign s.t. effec ts maximum s.f. of build ing signage on the street side . 3 . Maximum he ight of letters on storefronts shall be l imited to: All Caps : Two size letters : 34" 42" Lead i ng letter 34" rema 1n1ng text 4 . All signs must be 3-Dimensional. finished on all sides with a maximum return of 4-1 /2 ". (No flat. painted panel signs) . 5 . Tenants shalt follow all additional General Requirements as listed . 19 • I • 0 • • • • • - 1;pe O FrNStandifll and lnline Retail Te,unt Requirements (up to 9.999 s.f.) The following requirements apply spec ifically to all Type D i'enant signs : l. One sign is permitted per store frontage . Tenants occupying corner spaces with two (2) frontages may utilize one sign per elevation with a maximum of two (2) signs . One of these signs may be a volume sign on a corner when fac ing the anterior of the development on both affected frontages . End-cap tenants in a multi-tenant building, with three (3) frontages wall be allowed a maximum of three (3) primary signs. 2. End cap tenants in a multi-tenant building, with three (3) frontages will be allowed a maximum of three (3) primary signs. 3. In all cases where blade signs are used. blade signage area is not to exceed two (2) s.f., with total sign area including armature not to exceed four (4 ) s.f. Total blade sign s.f . effects maximum s.f . of building s,gnage on each frontage . 4. Maximum height of letters on storefronts shall be l imited to: All Cacs : Two size letters : 18 " 24" Lead ing letter 18" remaining text 5 . All signs must be 3-D1mens1onal. fin ished on all ;ides with a max imum return of four ana one-half (4-1 /2) inches. (No flat. painted panel signs ). 6. Tenants shall follow all additional General Requirements as listed . M.12 Permissible Silfl Locations & Methods of Installation 3.6.10.l All signs shall be mounted 1n accordance with the C t-J of ~:ig lewood 's def in1t1on of • S,gnab le Area': that area of a building facaae uc to the roof la ne which 1s free Jf windows and doors or major architectural detail and may be enc losed by an 1mag 1nary rectangle . No sign may extena above the roof line of a building except as permitted an Sec:1on 3 .5 .10 . 7 , 'Parapet-Mounted Signs'. If . because of the design of the building, a S,gnab le Area cannot be identified. the Design Review Board and the Tenant will determine a suitab le area for s1gnage . 3.6.10.2 Heignr Signs shall not be taller than one (l) floor or fi fteen (15) feet in height, whichever is less . When different tenants occupy adjacent floors of a multiple-story building, signs may extend only from the w1ndows1II of one tenant's floor to the w1ndows1II of the neighboring tenant above. 3.6.10.3 Projecting Signs l. Clearance . All pro1ecting signs shall have a clearance of eight (8) feet from grade level to the bottom of the sign . 2. The minimum horizontal distance between projecting signs on a builaing shall be fifteen (15) fee!. 20 I • 0 • • • • • - 3. Any pro1ect i ng sign shall be mounted no Jess than six (61 inches and no more than one {ll foot away from the building wall or the farthest proiecting element {belt courses. sills. etc .) that 1s adjacent to 1t on the building fa<;ade . 4. Maximum projection shall be five (51 feet from the building. 5 . Pro1ect ing signs shall be centered on the nearest vertical column-like coursing cl osest to the tenant entry. 3.6.10.4 Wall-mounted Signs l. The total area of all wall-mounted signs on a face of a building may not exceed fi fteen (151 percent of the area of that portion of the butlding face between ground leve l and the roof line or a line fifteen (151 feet above grade level. whichever 1s less . 2. No part of a wall-mounted sign may be located more than fifteen (151 feet above grade level on a multi-story building . 3 . No wall-mounted sign may be attached to or disclayed against any parapet wall that does not extend around the entire perimeter of th e roof enc losed by ·he parapet. 4 . No wall-mounted sign may be displayed on the wall of a mechanical room or ::ienthouse or other such enc loseo space wh ic h 1s not habitab le by t he occucants of the bu ti d 1n g. 3.6.10.5 Canooy Signs l. Struc:ura 1 meta l ano glass canopy . S,gns must ::,e mounted ;iaralle l to th e fr ont edge of th e canopy . 2 . R,g1d metal frame or retractab le canop ies must have an exterior grade fab ri c cov erin g. S,g ns must be app lted to th e rant edge . top ,s1oceo 'ace of th e canopy per Sec tion 3 .5 .9 .2 . 3 . Retrac~ail le canocy with an exteri or grade 'ailri c covering . Signs shall be app l,eo to th e rant edge of the cancoy . Add 1t 1ona l gracn ,cs may be app lt ed to the top of t he canopy . 3.6.10.6 Suspended s ,gns A suspended sign may not exceed ten (10) SQuare feet 1n total area : may not pro 1ect beyond th e outs ide l 1m1 ts of :he arch itectural pro1ect 1on to wh ic h it 1s attached : and sha ll have a m1n,mum c leara nce aoove th e sidewalk of eight (8 ) feet . The m1n 1mum permissib le horizontal distance between suspenoed signs 1s fifteen ( 151 feet . 3.6.10.7 Sign age enve lope Adjacent to Res1dent1al and Offices Where first f loor 1nl in e retail tenants s1gnage ,s permitted up to a maximum of fifteen (1 5) feet from grade!surface level. the following app lt es . • No lighted projecting volume sign , whether interior illuminated . exposed neon or scot lighting may create a glare into residences or offices ,n the upper levels of mu lt1-Jeve l bu tl d1ngs. • Illuminated signs may only be on during business hours. • The signage envelope is defined as a radius of 2' -0" from window or glass door on 'he second level. u..u Auxiliary Graphics Auxiliary i"aphics are signs or i"aphics that are phys ically separate from the sign required by Section 3.6 .5. l. Auxiliary graphics are permitted. sub1ect to the following Ji m1tat 1ons : 21 I • 0 - • • • 3.6.11 .l Menu displays • • - A ienant may mount a display to l ist available menu items or services . Menu displays must be mounted ad jacent to the i enant's entry and they must complement the architectural context of the buildings to which they are mounted. Menu displays shall comply with the following conditions : l. The total area of a menu display shall not exceed two (2) square feet . The area allowed or menu displays 1s 1n add i tion to the allowable area or •1olume for the Tenant's primary s1gnage . 2 . The source of i llumination of menu displays must not be visible to pedestrians . All mountin g hardware and electrical ducting must be concealed or i ntegrated into the display design . .l.§..ll Project and Joint Tenant Monumentation Signa1e 15" 25' ti' e cmc;= Max Juice Nlliw-a!Won4V1 I ( 0 N CDDIDUOO -rx~ c.i:t:"1 Scale : D.25" • 1' Permitted Location for Pro1ect and Joint Tenant Monumenration • Minimum one (l l ft . setback ·rom property l ine or sidewalk. wh ic hever cr eates th e greatest safety for pedestrians . • Monument signs must not visua lly encroac h on arc hi tecture of freestand i ng pads w1t h1 n the PUD • Electronic message boards are prohibited . • No movement allowed 1n th e boundary monument signs . • Maximum of 6 tenants per face on the monument sign , double sid ed plus pro ject 1dent1f icat 1on . • Max he ight of tenant li st in gs on Joint tenant monument signs is fi fteen (1 5) inches . • Type A tenants are l1m1ted to twenty fi ve (25) s.f. per side . • Type 8 . C & D tenants are l i m ited to ten ( 10) s.f. per side . • The Res1dent1al proiect may have a separate monument sign with C.C.E. pro i ect identifi cat ion as a text l isting or logotype . 3.6.12.l Joint I D monument signs shall be permitted for PUO tenants . On ly four (4) joint 10 monument signs shall be permitted in the PUO . A maximum of four (4 ) to be located on the West Hampde n Avenue frontage . The max i mum area of each joint 10 monument si&n shall not exceed one hundred-fifty (150) square feet. The maximum area of each 1ndiv1dual tenant sign within the joint 10 monument sign shall be based on the following formula, but in no event less th an ten 22 • • I • 0 • • ,,---------• '•,. .. • - (10) square feet. nor more than twenty-five (25) square feet. No more than 6 tenants per joint tenant monument sign. double faced. The individual tenant l isting in text or as a logo must not exceed fifteen (15) inches in he ight. Total tenant buildifll aru = Maximum tenant joint ID monument sian aru Tenants less than 50,000 s.f. = 10 s.f. Tenants over 50,000 s.f . = 25 s.f . max u...u Residential Sianace All residential properties may have signage near or above each main entrance. Res idential entry signs shall be permitted up to fifty (50) cubic feet of projecting sign volume or thirty (3 0 square feet of non-projecting sign area. Addit ionally, the following two (2) types of s1gnage are oerm1tted : 3.6.13.l C.Jnop ies Canopy signs must c onform to t he spec ificat ions outlaneo 1n Section 3 .5.9 .2 3.6.13.2 Applied Letters on Glass Window signs must conform to the specificat ions outlined 1n Section 3.6.8.3 and 3 .6 .9 .2 3.6.13.3 Direc:ones for Multi -Tenant Residential Buildings Res 1dent 1al building tenants on the second or upper level floors may be listed on an exterior wa il mounteo directory not to exceed six (6) square feet . Directories may proiect up to one ( ll foot from the face of the build i ng. It may be both internal ly and externally illuminated. No l ight source may be v1s1ble to pedestrian tra~ic . U.ll Office Sicnaae 'Offices ' are defined as commerc ial or business spaces without direct street access . 3.6.14.l Proiectmg signs for offices are prohibited . 3.6.14.2 Office £ntry Canopies A san11 1e graphic 1dentifyin11 a common identity, such as the name of the building, street address or shared space name is permissible . 1. Si11na11e may occur on canopy surfaces that are parallel to the building f~ade to which the canopy is attached . 23 •· I • 0 o- • • • • • - 2 . Because canopies are arch itectural features t hat may only inc identa lly incorporate signage . not all the area of the canopy will be counted as signage . The volume of the canopy to be calculated as signage wi ll be ver ified by the City according to the following criteria: a. The face area of typography and graphics. b. The two (2) maximum dimensions of iconosraphic 3-Dimens ional sign fi gures . 3.6.14.3 Office bu1ld ina entry features other than canop ies may be erec ted. subject to the Des ign Review Process . 3.6.14.4 Directories for Multi -Tenant Office Buildings Office bu1ldin1 tenants on the second or upper level f loors may be listed on an exte ri or 'Na l l mounted directory not to exceed six (6) square feet. Director ies may pro jec t up to one ( l l foo t from the face of the buildi ng. It may be both internally and externally illum i nated. No l ignt source may be vi sible to pedestrian traffic . ~ Maintananee and Upkeep Tenant's must maintain the sign on the ir prem ises . in good struc tu ra l cond it ion at al l t imes . All signs . inc luding all metal parts and supports thereof that are not galvan ized or of rust-r es ist ant metals. shall be kept neatly painted. A member of the Des ign Review Board is aut hor ize d to inspect and may order the painting, repair, alteration or removal of a sign that const itut es a hazard to safety, health or pub lic we lfare because of inadequate ma intenance . di lap 1dat1on or obsolescence . 24 0 I • 0 • ORDINANCE NO ._ SERIES OF 2000 .----. • , . • - BY AUTHORITY A BILL FOR ... /0()...I. COUNCIL BILL NO . 72 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR THE GRANTING OF A LICENSE BY REGIONAL TRANSPORTATION DISTRICT (RTD) TO THE CITY OF ENGLEWOOD FOR THE BIG DRY CREEK TRAIL. WHEREAS , the City is cooperating in an intergove rnm e ntal effort to complete the Big Dry Creek connection from Bellevie w Park to the Pl a t te River Trail; and WHEREAS, as part of the implementation of this proj ect the City Council of the City of Englewood approved Ordinance No . 2, 2000, in which the City accepted the property from RBI ; C. B . 66, 2000 , in which the City accepted prope rty from King and C. B. 69, 2000, which granted a Construction Easement for the Big Dry Creek Trail ; and WHEREAS, the proposed Big Dry Creek Trail construction plans require a tunnel beneath the RTD Light Ra il Right-Of-Way for the light rail line : and WHEREAS , RTD is willing to gra nt a license to the City to allow for construction of that tunnel across its Right-Of-Way; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO . AS FOLLOWS : Sectjon 1. The License Agreem e nt between the Regional Transportation District (RTD) and the City of Engle wood , pertaining to the Big Dry Creek Trail, attached hereto, is hereby acce pted a nd approved by the City Council of the City of Englewood . Sectjon 2. The Mayor is a uthorize d to execute a nd t h e City Clerk to attes t and seal the License Agreement for and on behalf of the Ci t y of Englewood . Introduced, read in full, and passed on first reading on the 5th day of September. 2000. Published as a Bill for an Ordinance on the 8th day of September, 2000 . Thomas J . Burns, Mayor -1- • . . 0 ) I • 0 • • :;..-------;-----------:-------.~-----~-----..,.,----• .... . ' ' f • - 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 5th day of September, 2000. Loucrishia A. Ellis -2- • .. . ' 0 I • 0 • • • • • - L!C::NSC: AGR::::~E~T AGREEME~T made this ~y of 2 000 , by ar.d bet.ieen the REG!ONP..L TRANS?ORTA':'!ON D a pclit:.ca: su.l::d:.v:.sion of the Stace of Colorado, 1600 Blake Streec, Der:·;e.=, co:c.=ado 80202, hereinafter refe.==ed to as "License.=", and t::e City of Englewood, a munici;:al cor;;:oration duly organized ar.d exist ing under and by v ircue of che Constitution of the State o: Colorado (hereinafter refer=ed to as "Licensee"). WHER~;s, Licensee wishes to construe: and ma:.n:a:.n a pedest.=iar:/bicycle unde.=-;,ass c=oss:.ng under and t::.=ough ;..egi o nal Trans:;:ortation Districc owned Light Rai_ ri,;ht-o:-way :o ca:ec a: Big Dry C.=eek a: app=oxirnately South Sanca Fe Dr:.ve ar.d 3e::ev :ew Aver:ue in the Ci:y of Englewood, Colo=ado; and, WHER~;s, L:.censor's prope.=:y, incl-.id:.ng t:-ie =:.g:::-c :-wa 1 , :s devoted t o mass t.=ansit pu=;;:oses. NOW, ':'::E:<.E::' RE, :n cons:.de.=ation o: t::e mu:·.;a: p.=:::r..ise s c~-::o · -.,-' he.=e:.:., the pa.=:ies ag=ee as follows: SC:CT!ON l T!-:E LICE~SC: a. S •bjec: to al_ the te=:ns a:;d cor:d:.t:.c r:s he.=eo:, Lice:.s c .= he.=et y g.=an-s co L:.censee a licer.se to cor.st=~c:, ope.=ate, occup y , maintain and use a sub-rail g=ade (unde.=;:ass l pedescriar. a:.d bicycle c.=:::ss:.:;g ac.=oss and c:1=01..:g:: t:-ie prer:::.ses desc.=iced in a:':ac:"'.eC: Ex~.:bi:s "A" & "3", (he=ei::.a:-:e= re:'::::-=ed t o as "?.=em:.ses"). Du=ing the te=m he=eo:, Licens e .= sr:al_ reta:.n a:_ r:.g:::s in the P.=emises not inc:::r:s:.ster:t with th:.s g.=ant . b. Grantee 's i~provemencs as pe=mi::ed he=eur:de= shall be as desc.=:bed in Exhibit "B". c. An v railroad tracks cu==e:.c_v wit::in or atov e the P:emi;;es muse be left in place ar.c undiscurbec. Lice:1s o r' s mass t:a:-.si: o;:e=ations i:1 the vic:.ni:v o: the P:e::iises mu s.: not be i~pai:ed in any way . d. Licensee s ha_l prom:;:tly ;;:.=oviae License.= with as-bui_t d.=a·,1ings of compleced wcrk, inclucing horizontal a nd vercical ties to referenced benchrna:ks. e. NotNithstanding any cthe= provision of chis ag.=eement, Licensee shall noc: 1. Ur:der:nine t:1e support o: Licenser's ligr.c rail tracks a t any time. 2. Pe=:or:n a ny wc.=k or cor.s:ruc.: any improvemenc any higher than t.io (2 l ve=~ical fee: below the ceiling cf che ur.derpass as ic exists as o= the dace o= this Ag=eemenc . •· I • 0 • • -• • • - SEc:':ON 2 NO WA?.R.:l.N':''! T:1e right C:J use tie !?.:::em.:..ses g.:::antec he.:::eunde.::: is he.:::ei:y contracted fo.::: and sta:..l i:e g.:::anted wic:1 resoect to the !?.:::emises in its "AS IS" p hy sical condition w:.:hout a::~ wa.:::.:::anty ex;ressed o.::: implied. T:1is g.:::anc is subjec: to a:._ otie.::: p.::::.or g.:::ar.ced o.::: reser7ed rig~:s and inte.:::ests in the P.:::emises, i: an y , whe:~e.::: o : record o= nee. sr:cr:oN 3 TE?.M OF AG?.EEME~':' The l:.cense se: :o .::::h in t~:.s ac.:::ee~er.: sha:..: ccrrme::ce u;c ~ t:1e execuc.:.or. o: t.~.:..s ::.~er:se -~<;=ee!7.e::: b y Cc t!": ~a=:..:..es. :~.e l :.cense sta:: cor.t:.r.~e u~:::.l te.:::m:.~a:ed a: t~e s c:..e d :.s c .:::e:i c ~ c: ::.censo r, as se: :o =:~ be:~w. SE c ::cN 4 !E:_:;__'-1 :~1 .:1.::0N T:1:.s License Ag.:::eemen:, a~d the _:.ce ~se c.:::ea:e d he .:::et y , ~a :; be cer:ni:--.a:eC u;:or. C.e:e=:ni:--.a:.:.on b y 1.:.,=er:s o = t:":at :::e ?=er:-. .:..s::s a~e req~.:..=eC for, o= a=e inccrr.pa::b:e w:.:~, ~ass t=a~s.:.: ~u =;o s~s, a~C upon at leas: Nine::; ( :3 0 ) da:;s ad-;a~ce w.::::.c:e:: nc::.ce c;::.·,e:-. to L:.censee b y Licenser follcwinc; s~ch de:e.:::m:.r.a:icr., a~c s~~r•=y•-: the da:e o: ce.::::n.:..na:::.on . sr:c::-:~: CORR!JOR RE~G:~E~E ~':'S Licensee a::d it:s con:=:.c:~= (s ) f o ::..o wing before and wr.::._e cor.duc::.:-.c; o .::: recai.::: cperat.:..ons on the !?.:::em.:..ses: r:n.:s:. C~ffi;:y N~:~ ~~e c~:i.s: =·~c ::. ~:"'., :na:..:-.:er.a:--.ce (a ) Obtain an executed R~D R:.g:::-o:-Way Access Re,:;uest /Permic, t::ie for:n of whic:: is at:ached he.:::e:::i as Ex:::.::,:.: C a: ·_ease f:.ve (5 ) work.:..ng days ::e:ore commer.cir.g si.:c:1 wor .~ or. o.::: accve t::ie R:-:J premises as descr.:..::ed ir: suc::i pe.::::ni: fo.::: the du.:::ation of suc::i per:ni~. Tr.e Specia: Ope.:::ac.:..r.g Cor.d.:..::.or.s se: fo.:::th ir. such RTD Righc-of-Way Access Pe.::::ni: are ir:cor;craced r.e.:::eir. by this reference and shall ap; :;, excepc for c::e f:agpe.:::son hourly rate ir. cond.:..c:.on 6, chereof. Tr.e RTD may refuse to grant any permit, or may granc any permit re~esc upon special conditicn (s ) on eic:1er sa:ecy or ope.:::acicnal grounds . (b ) Keep all equipment, ccc_s ar.d mace.::::.als scored a: leas: f.:..::een (15 ) feet f.:::om the cencerlir.e of any ope.:::a::le crack. Ex=-os:.ves or oc::ier highly in::..amrr.able substances shall not ce sc;red on R~D premises withouc c::ie prior app.:::oval of RTD's rep.:::esencacive . • I • 0 - • • .. . .. • • -.. (c l Remove a_l tools, equipment and mater:als from RTD premises prompt ly upon completion of work, and restore RTD premises to the same state and condition as when entered upcn. (d } Reimburse RTD for a ll cost and expense inc~rred b y R7D in connection with said work, including without limitation the expense of furnishing such inspectors , watchmen and f:agmen as RTD deems necessa:=y, the insta:..lation and removal o: fa:sework beneath tracks, and restoration of RTD's property to t~e sa:ne condition as when Licensee entered thereon, or to a cor.d.:.tic:-: satisfactory to RTD' representative . (e l Use RTD protective services in the for.n of a :_ag;:erscr. when required as set forth in Ex.~ici: D , at:ached here:o and incorporated herein. The Licensee sha!: ;;:a y t~e R':':l R:':'s ther: current hourly rate for such fla~ersor., and ti~e and or.e-ha:: c: that amount for weekend or of:-shi:: work. (f ) The RTD lighc rail cacena::-/ s y stem is elec:r~f:e~ twent y -four hours per day with a;;:;;:roxi:nate:y 750 vol:s d.:.rec: current at 3000 amps. The catenar-1 s y stem sha ll be considered live at a __ times. The main_.:.ne ca:er:ar-1 s yst e m car.::ct i:e deenergized. sr.:c:::::::-i 6 ~..U.:N:::::-i .::..Nc ::: Licensee st:a::.l, a: its c·..-:-: ex;;:e,.se, kee;:, ar:d :na:.::-li::a:.:-. in g ood repair and safe cor.d:.:ior: t:-.e Pre~ises, ar.d a:-.y i:n;;:rovemencs placed by it on t:1e ?re::iises. I:1 t:1e e ven: er.a: a-:-.y encic 1 wi:h appropriate jurisdict.:.c-:-. orders c:1a: Lice!".scr sha.:..:. maintain any of such i:nprove~en:~. e ithe r part y he ret: may te:::ni:1ate chis agreement ar:d .:.ce::se ucon a: _east ten da y s' advancg ~=ic~en notice co t~e o-~e=. ?::Or ~o t~~ te:~~~at:c~ o: this License for an y reason, Lice::see s ha .:.l restore the Pre~ises to the condition in whic:1 i: ex.:.sted as o: the exec u t ion c: chis Agreemen:. SECTIC N 7 CONTRAC70rl-I:JS i.J :L-l.J.I C::: (a }. Ar.y contractor uci ized b y Licer:see i~ c=ier c o pe:::o r ~ work o: a~y kine upon or ad j ace~: co the Prem.:.ses, a~d a~:; s ubcont=ac:or t~ereof shal l be req~i=ec co ob:ai~ o r ce~onstrace coverage under: (I }. Comprehensive general and automooi_e liabili:y insurance with contractual liability endorsement and products and completed operations hazards inc_uded, whic~ shall provide coverage for limics of not less than $2 ,000,000.00 bodily injury liability and proper:y damage liability, combined single limi=s . • . , ... I • 0 • • • • •·. .. .. • • (II ). Worker's Comcensation and Emclove='s Liabilitv Insu=ance covering al_ employees of Licensee and any . Subconc.ractors where eve:::-they may be inc.he Uni::ed States of Ame:::-ica so long as they are engaged in the wcrk cove=ed by chis Agreement. The policy or policies shall cove= c.he enc.ire lial::::ilic.y of Licensee and an? Subcon::rac::ors as dec.er:nined by c.he Worke:::-'s Comtiensacion laws of c.he state or stac.es unde= which such liabilitv a=ises, and sha_l contain, so fa= as i:: is lawful to cl::::c.ain°the same, a waive= of insure=·s righc. of subrogation against R:-:l for pa:nnents made c.o or on behalf of employees cf the Contrac::or or Sul::::con::ractcrs (:I!). Prior c~ enc::-1 u;or., benea:h o~ aC:acer.: =~ R:-:l's prope=::y, Licensee agrees that i ::s con::=ac::or (s 'and sul::::con::rac:ors sha_l f u rnish R::) wi::h a ce:::::.::.ca:e c : insurance for each policy to which wi:: be a::ac::ed an endorsement, in the for:n at:ac::ed he:::-e:o as :::x::i=:.:::: and incorporated herein. (b ). Liabilic.y a: Licensee and /o r. i :s ccn:=ac:o= s he!:'eur:de= sl:a:l nee be 1:.m1~ed c,;:, c::ve:.-age ;=--~·.r:.d.eC ~-.C.e:- said insurance policies. (c ). Qr._y those cont=ac:o::s and subccr.:rac:ors c: Licensee ("Con:::::-accc:::-s") whcse cce=at:.cns a=e ccv e=ed b., the insurance provisions hereof wi_l.be authcrized c.o wo::k ~per. or al::::out the Premises. No Ccnt:::-ac::cr o:::-subccn:=ac::o= s::a:: be pe!:".Tlitted ent:::-/ upcn, beneath, or ad~acen: to R:~·s ::igh: of way unti-p=oof of Contrac::or's ccve::ages requi::ed by th:.s parag=aph is submitted to R::, and approved by R::·s Ris;c Manager. (d ) . A:_ of the li:ni::ations and obligac:ic r.s i::.;:osed u;:cn the Licensee pursuant c.o this Ag=ee~ec.:: ar.d al l r:.ghc:s rese:::-,ed to R:::l b y c.:iis Ag::-eeme,.: s::a:: a;:;::y wi::.:: e~a: force and effect c.o an·, Ccn:rac::or (s ) or sul::::cor.::::a c ::c::s ~e=for:nina any p::-o j ec:: work who shal l be deemed c.o l::::e ager.::s of t :ie Licensee . s::::::CN 8 L -,-.---"""·~ .L..-..c_.:,._ -- As be:~ee n the pa::ties, and wichcu: e:.:::er Licensee o : Lice,.so::-wa.:.•1 i:1g thei::-rig h ts a:1d p::ctec::ion as ag ain s: t::i::-d par::.es unde::-24-10-:0_, e,:. sec . (-::::e co:o::ado Gc ·,e::-:-_7.er.ta: I:nr:tun i :y Act ), subject to ap;n:c~:::.a::..o :: f o r s ue::. p u ::-;:o se a:-.d c.o the e:<:ent allowed by law, Licec.see s::a:_ asst:.."'.\e liabi:ic:ies a nd losses f o :: bodily in~ury or pro~e=:1 da."'.lage arising in who :e or in pa::--: ou:: o: t~e use, occ upancy ar.d /or maintena:1ce of t~e P::emises by Licensee, it s agents, cont::-ac:ors, s u bcon::::-aco::-s e mp_o:;ees or invi::ees . ' . .. . ' I • 0 • • • • • - SEC':':ON 9 ENV: :<.ONMEN':' .Z\.i. ' a. E:-ccept in sc=ic-:: compliance with all E:ivi=onmental Requirements, r.icensee shal_ nc-: cause, per:nic o= su:fe= an y "Haza=c.ous Ma-::erial" to be brow;hc upor., treated, kept, scored, disposed of, discha=ged, released, produced, manu::actu=ed, generated, refi::ed o= used upon, about o= beneach the P=emises er any portion thereof l:y Licensee, its agents, en;plo y ees, cont=actors, or invitees. b. Licer.see shall not cause, pe=:nit or su:::er t::e exis:ence or t:i.e CC!'['.:T'.:3sion by Licer:see, i:s agencs, e!':'.;::.o y ees, concrac:ors, er i~v::ees o~ macer:a: vio:a:~o~ o ~ a~y "En"Tiron."Tlenta:. :<.equi=err.ents" upon, a:Cou-:: or benea-:h t::e ?::e:'.lises or an y por:.:..on tie=eof. c. Lice:-,see shall noc cre:::.e o= suf:er c::i e:<is: ·,1:..:i res;ec~ to t~e P=em:ses, or per~:~ an1 a: i~s a~e~~s t~ c =e3:e o : su::er to exis-: any lien, sec'.l=:..:.J in:e=es: c= oc::er c::ar~e c:: enc'.l."!'.:;=an-:e o: an y kind, includi:-.g ;.;: ::ic uc _:.::ii :ac:.c r., a:-.J l:..e:-. i:npcsed pu=st.:ant to section 10 7 ( :) o: tie S u :::>e:::u:1d .:i.me:-.cr..e:::s and Reaut~or:zation Ac~ of 1986 (42 U.S.C. Sa~~i on 96 0 -(!) o= a ~y s:~:lar sta~e s~atute. "Ha:a=dous Materia_" means anJ subs:a:ice: (:, the presence of whic:: =e~e dia :icn u::de:: ar.y fede=al, =e~u:a~:o~, o=C:.nance, order, ac~ion, r~c·..1.:..=~s i::.·1es::.;a~.:..on o:- s:.a:e o= _oca:. sca:'.l :e, pc:.ic J er corr.:::ic:: _a ·.i; o:: (:i i which is or becomes ae::::ed as a "ta:a=dous waste," "ha:a=::ous substance," pol_u::ar:-: o= c:::r:-:anina:-.-: ur:de= ar.J fede=al, sca-::e or local statu-::e, regula:ior:, r~:.e or or::inar:ce o: a:nen~~en-:s t~ere:.:J incl~ding, w:.:no u ~ li:'.1:.:.:::icn, the Ccmp::ehe::s:..ve E::vi =cnmenta:. Response, Cc~;e::sa:ion and L:abi_:..t y Ac-:: (42 u .s .c . Section 690_ et seq.); o= (:.ii ) which is tox:..c, ex;il o si-;e, ccr=osi-;e, fla!'i'l.mal:le, in:ec-:icus, radioac-::ive, ca=cincgenic, m~:agenic, o= ot~er..,:..se ha:a=dous a~d is or becomes regula-:e= l:y an y gover::menca:. au-:ho=i-:y , agency, depar~:nent, commissic~, !:card, agencJ o: inst=wnenta_itJ of the Uni::ed States, t::e s~ate o: Co2..cradc or any po_:..tica:. subdivision the=eof; or (iv ) the presence o: which en t~e P=emises causes o:: th=eatens to cause a nuisance ucon the P=e;.1ises or to acJace:-.t properties c= poses or threateni to pose a haza=d to the health or safety of persons on or about the Premises; or •• 'I .... ) I • 0 • • • • • (v ) the presence of wh.:..ch er. adjacer.t prcpe::ies cou:d cor.s::tute a t=espass by Licensee. "Environmental Rec_ui:emen':s" mear.s a:l applicable present and futu=e statutes, reg ul ations, r~l es, ord.:..nances, codes, licenses, permits, or=ers, approv a_s, p_ans, a u chcr.:..:a:icns, concessions, franch i ses, and s:milar i:ems, of a ll governmenta l agencies, departmen-:s, ccmrniss:ons, beards, bureaus, or instrumentalities of the Uni':ed States, sca:es and pol.:..c:cal s ubdivisions thereof and a l _ applicab_e jud:cia-, adm.:..nis':ra:i,e, and regulatory decrees, judgements, ar.d or=ers relati::g to the protec':ion of human health or the env:ro n.~ent, inc_ud:ng, w::hcu: limitation: (!) A-1 requireme nt s, inc:uding bu: not limi :ec co c:-:cse per:aining to repor-::ng, licens:ng, permi:-:ing , in·,est:.ga:icr., and remedia tion of emissions , disc:-:arces, re:eases, or t:-:rea:e::ed releases o: "Ha:a:do u s Ma-:e::a:i," c:-:emica: s~bsca::ces, po l _u tanc s, concaminants, or ha:ardo us or tox:c s ·bsta::ces, ma-:e=ials or wastes whe':her s c -id, l iquid , o : gaseous in na:u:e, i:::o the air, sur:ace water, g:our.dwacer, or la::d, o r :e:ati::g :c the manufac-:ure, processing, discri::,ucicr., use, c:ea::ne:1:, storage, disposal, t:ar.spor:, or handling o: che mica_ s ubsca::ces, pcl-utants, contaminants, o r ha:ardous o: tox:c s~bsta::c es, ma-:erials, or wastes, whe:he: s olid , licuid, o r gaseous ·- nature; and · (iii A--requirements per:aining to t:-:e procec::.cr. o : c:-.e hea ::h and sa:et 1 o: emplo yees or the p ub :ic. s::cT :ON 1 NCTIC:'.: Cons-::uc::on or maintenar.ce. L1cer.see must g:,e _icer.s o r te:1 days advar.ce notice of comr.ence!':'.en: c: ar.'J ccr.str·..1c-::ior., recc nst r uc:ion or ma.:..n-:enance wor k upon c :-:e ?rem.:..ses. General. Any nct:ces gi·,er: p u rs ua r.: he re::: by ei::-:er par:1 to t :ie other par-::1 s h a_l be in wri:.:..ng ar.d mailed by w.S. :l'.ai_, first class, pos:age prepa.:..d, addressed as f:l:cws: To Licensor: Tc Licensee: Regional Trans~cr:a:ion D:scr1c: 1600 Bl ake Scree: Denver, CO 8 0202 Attn: Manager o: Real Pro~er-::y City of Eng:woocd O:fice of the Ci:y ~ttor~ey 34 00 South E:a:.:.. Sc:eet Eng l ewood, C~ BO:l0-2304 The address to which a::y not.:..ce, demand, or other w:i:i~g may be • 0 I • 0 ,,--- • ,, ~~. ... • -.. gi•ren or made or sent: co any pa=:1 as above prov:aed ma y be changed by written nocicee gi·,en b y suc:1 pa=ty as abo•,e provided. SECT!ON 11 PROH:3:TEu I~!'.::RES7S No of::icer, membe=, o= emp_oyee of t:1e Licensor ar.d no members of its gove=:.ing body, and no othe= public of::icia:. o= employee of the governing body of the loca_i cy or :oca:.i cies included wich the Regional Transpor:ation Dist:ict du:ing his or he: tenure or for one year the=ea!:er, shall have an1 inte=est, direct or indi:ect, in this Ag:eement or the proceeds thereof. SECTION 12 Mrsc:::::.LANE:OU S T:lis Ac;r:~:ner:t. l. Ac=eement 3indincr. t:1e be:.e ! i: of a:1.d l:e !:: :ndi:-.g assigns o: the pa::ies he=eco. upon t:1e hei:s, s:.;c::ess c =s, a::d 2. Laws to Ace 1 v . T:1e la·..is of the s ca :e c: c o :c ::aco and applicab:.e ~ede:a:, State and l oca: laws, rules, regu la:ic ns, anc guidel:nes shal_ govern this Agreement . 3. Amer.cment. This Jl..g:eer:ie:.c ma v net l::e ame:.ded except in w::iting by mutual ag:eemer.t o: the pa=ties, no :: ma y rights be waived except by an inst:umenc in w=i:ing si;:.ed b y t he party charged with such waive:. 4. Headincrs. The headings o: t::e Ag::eement a::e inserted !o: re:erence p u =;::oses rescrictive as t o content. sec-::.c ::.s onl 1 and of t::":is a::e no t IN w:T~ES5 WHE~EOF, the pa:ties have du:.y exec~tec :his Ag::eement, e::ective the day ar.d date first above w::i::e n . l LICE~lSOR • t R'.::G!ONil.L T:<.ANS?OR'!.::...:I Od o rs:R:c • • AP?RCVEJ AS TO LEGA:. FOR.~ FCR TH'.:: REGIONil.:. TRANS?ORTAT:CN D!STR!CT: • .. . ' ~ . • ) I • 0 X • • • ·' Associate Genera l Counsel ATTEST: Clerk and Recorder, Ex-Officio Clerk of the City Of Eng l ewood A?PROVED AS TO fGRM for the City of Englewood: DAN BROTZ~.AN City Attorney Bv:~~-----,,..,...--..,,.....---• Ass i stant City Attorney • .. .. • • .. LICENS E== CITY Of ENGL==~ccc By: _________ _ Mayo= RECOMMENDED AND A??ROVED By: ___________ _ By : ____ --e--=-,-....,....-....,.,..--- Manage= of ?ub :~= Wc:~s By: __________ _ Cont=ac~ Cont=ol Ne. ___ _ I • 0 2 - • • · .. City of Englewood OFflCE OF THE CITY ATTORNEY O.,,,et L Bl'OIZffllln . City Allomey Nancy N . RM. Aa.-t City Allomey Dugan S Comer. Asaistant City Attorney Ms . Margie Newman, SR/WA Manager of Real Property Planning and Development Regional Transportation District 1600 Blake Street Denver, CO 80202-1399 Dear Ms. Newman : • • • June 5, 2000 ... 3'00 South Elati Street Englewood. Coloraao 80110-2304 Phone (303 ) 762-2320 FAX (303) 762-2331 The City of Englewood is submitting herewith a request for a license for The Big Dry Creek Trai l bicycle/;,edestrian underpass crossing under Regional Transportation District (RID) Light Rail line s lo cated at approximately South Santa Fe Drive and Bellview Avenue in Englewood, Co lorado . (Please see attached map for location.) The project is a key trail link in a major non-motorized transportation route that wi ll serve ) the South Central metro area. An application is also currently pending before the P .U .C . The project partners conducted a site tour of the proposed underpass with R TD representatives on June 16 , 1999 and submitted preliminary construction drawings for review to you. as well as Jerry Nery , Andy Leong, and Terrel Heather on October 5, 1999. Our project team has addressed comments received from Jerry Nery dated October 19 , 1999 request ing that we review as-built improvements as completed by RTD in August to determine design co mpatibility w ith the underpass . The as-built improvements were reviewed by our project engineer John Pflaum and were incorporated into the final design detailed in the attached revised plans. Jerry also asked that John Pflaum address the impacts of the project to the RID structure during a 100-year event flood . We have attached a hydraulics report from John Pflaum that addresses this issue . This letter serves as a request for a final review of the attached plans and issuance of a license for the Big Dry Creek Trail bic ycle/pedestrian underpass. If you have any questions. or need additiona l info rmatio n ple as e feel free to call Nancy Reid at 303-762-2320 or Jerrell Black at 303-762-2681 . Thank you for your consideratio n o f this request and I look forward to hearing fr o m you . Sincerel y, .. / (~t,.(_ll .\i.t·i...-\ Ghty Seas· C ity Ma I ger encl osures cc: C . Dale Flowers. South Suburban Park Foundation Charlie Blosten. Dave Fla ig, City ofLinleton Bill Wo odcock, South Suburban Park and Recreation District Bob Seams. Tracy Esslinger, Urban Edges Inc . •· I • 0 - • • • • l • ... • - Exhibit A. Map of Big Dry Creek Greenway Corridor Vicinity Map •· ,. ' '·, . ' • I· 0 • • -... 0 • • 0 • • •,, f -......,. .. _ ......... _ • • • • • - u ! u ... i "' .,; J :l Englewood -... 0 I l11m1ldm A ,·erme Cherry Hills VillRRe Delle view A ,•cr1ue Map of 11,e Big Dry Creek Gree 11way Corridor . ' 0 - • • I '-, I • • .. • - CONSTRUCTION ORA WINGS FOR BIG DRY CREEK TRAIL IMPROVEMENTS PHASE 1 -S. WINDERMERE ST. TO S. SANT A FE DRIVE SOUTH SUBURBAN PARK AND RECREATION DISTRICT ENGLEWOOD, COLORADO DRAWING INDEX 1. COVER SHEET 2. TRAIL PLAN 3. TRAIL PLAN 4. TRAIL SECTIONS 5. TRAIL SECTIONS 6 . LOW WATER CROSSING DETAILS 7 . LOW WATER CROSSING DETAILS 8 . RAILROAD UNDERPASS DETAILS 9 . MISCEU.AHEOUS DETAILS 10. FENCE AND MJSCEIJ.ANEOUS DETAILS l,OCATION MAP ~ SCALE CAU. U~TT NO'IIPlCA 1ION Cl)jTEJI rl ca.CJIAIIO 1-Boo-822-1887 -~==:=\ ,,.. ........ ~ -- FEBRU ARY 2000 =-NaNr:-~s s-ATFMN T I '-°Cll' ~ ttiot ~ ~ far U. !!liq 1),-y 0-.... Trai ~t• .... pr....., by m• (or ~ my direct .......,_.,), .. ~• -"" tN ,.....,...lll or tM Stelffl'I C.-ON1911 estc:1 T~ CJ1tsta of ~ ~ Dr-'ote IS'ld Flood c.i tral Olatt1cL ~ W.. Fla,m. P.£.. W..,.UGHUN Wl !ER ENQNE!RS. L 11l WANACER Of Pll!KS WANACCI P'..ANNINC ANO CONSTRUCTI ON ... I ' ' I DAit DATE i J, I! :I ... I ~ i . I! "' . I . -SHE::T 1 I \ {\ ;\ • • j I • . •' \ \ \ ~ . ' . ' .. . ' • • - \ '\' i : ~\~ \ \'.\\ -- . • \ \ -' ·.• \ ·-·-·-·-·-·-· --------____.. - I. T....,...._. __ ............................ ,... ....... -~ ._.... -,---·-=--_...--....,_, __ IIUlaEl8 .c...DAla ,..._, .o. ..... -,.•n --'--U>O.M AOL .. ....... ..... ... .... .,_. ... : ~,._:_ .... .. wwc ·•· wr .............. ..... . ..... ..._ wr ....... eo· • 1,a• ,c.-, ... ...... .... ..... llft.et ... •'•Dl'tN lfflT ....... ·--(-, ....... , ..... ·-.. lat ....... Fe.... 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JIIO -- -I ------ ------- ;----+---+---'-1 . +---+- a, -+-'I ,-~ ' ' '---+'-'~-+--+· \ ' .IH ' ' .. -• ,, IO I ~ ' I _ ... a.-NmTl'.c .. 1 , I "" SECTION J ..-:tCllfTM.. r-,o· W'OTICAL ,-• S" ", --rrr .--II "" ... ... .. - ., .IH --• -• II IO .. IO .. - ...... \ , I --~E C TI ON K ...aaana... r-ao · .ca nc.&L. ,. • r L ' ·-n --SE CT IO N Kl ..C011rT-..:r-ro· WD"nlU.L. i-• r ,. ,_., , ' .. ---, ... .U0 I ' , I L__. . I .... L " I .110 --~ .. .. c., ·-.. .. • ·-,, C 0 ·-.. ] E I 1.., '-• • .. --I "" ,,.,, I I -I ,I • .. -- ' .,.. • ..,. ... _,. ftlWffll""t --- UIO - "' 40 "" "" ---SECT ION ~0.T4'...>•t0 '<'PllCAL ,. • ,. ..... _____ ,?_~ I ' ,.,, ""°t:== .. ' --1-..... -. ----... ---.. ---.. '---.,"'------------.. :0- - SECT ION M 0.-ZIWTM..: r'-t'C' ~,. ... , ~-CII'<-/ -,__ __ .:_ __ ...;_ __ -,----t' ----v-'7''~----- .. - L .., --..!..-,,--l-;--'"------,-----------,,.., -• IO "" .. 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"llequntfl __________ C«•=-------- -------____ Oate: urr :-u.HSl'O "r ~ TIOII _____ CaT•=----------- ) I • 0 - • • • • '\ ....... . . .. .. ., . • - ST.A~"T' OF CC!"fOmCNs 'Nim( ~. P!lOT!CnVE SUVIOS .-\l'iD ;EVIOS Ai! JEQt.'!l!D n :n rm. r.:, 1111:m. ~-m'Tm -~ ~ bl !m:ma=S = = limi1ld-= =er ::a milawilz& '" o:s: l. ---m. :rl ..... ~ xlma~~-2 , -. 1-r-:--·1 I W1la -, ~ is ~ ID Kl'l) mor01111 • •en,, liplal. :lc:e:i:,t, er odlolr killla car a.111 ~--. ar •C111111!1!·1-• :11 uie ~- ' ' 4. .,_-, pawa! ~ID o=ir. ~ :'lil :jpe-d-ws,. ~ --=alllill·t111111sar :mll aa m !le md wida 1111 r.i=-at-way . .. _ .. ) I· 0 J • • • • .. • -' EXEIBIT "E" COMP~EHENSI VE GENER},.: AND A""TOMOB:LE LIA3ILI'!'Y ENDOR SE~lEN:' Attached to certificate of ins u rance f o r and he=eby ce=tified co be par-of the following po_icy o= po"icies ~a7i:1g the fo_lowing expiration date: Policy No. Company Providing Po icy The scooe of che insu=ance affo =d ed by :he ;:,o :icy {ies designated in the attached certifica-e is r.ot l ess c~a:-: c ~a: which is afforded by t h e Insu=ance Se=v i ce Crganiza:i ons = o :~e= "Stanc:a=d Provisions" forms .:.:1 use b y the insu=ance cc:r.;:,a:-.1 i:-: the te=ritory in which coverage is aff o rded. Such Po-icy {ies ) provide f o r o= are he =e b1 amenc:ed t o pro vide for the following: 1. The named insured is 2 . Regi o nal Transportation District ("RTD") is incl ud ed as an additiona-insu=ed with respect to _iabi lit 1 a:isi:-:g o•= o f the ha:ards o: operations unde= A:.L AG~EEMEN:'S e:-:cered .:.:-:co be c ~een the named insu=ed and RTD , whethe= or not _iabi ic y is attribu table to negligence of the named insu=ec: o = R:'J. ::-: the e,ent it is intended that this endorsement is a~c:ica~le t o only one agreement , the agreement is described as f o i ~ow s: The insurance pr ov ided hereunde= app~ies as though separate pol.:.cies a=e in effect for both the named insured a:1d RTD . 3. The limits of liability unde = the p olicy (ies ) a:e not less than those shown on t h e certificate t o which t hi s endo rseme:-:c is attached. 4. Cance_lation or materia_ reduction of this c ove:age wi:l nee be effective until thirty (30 ) da y s foll owing w=iccen notice c o : Address: David Apodaca Manager Real Property Regional Transportation District 600 Blake Denver, CO 8 0 2 0 2 By Registered or Certified mail , I • 0 • • .. • • .. 5. Contr act u a · liability coverage for liability ass um e d by this ins u red under sai d agreement or agreements with RT D. 6 . This insurance is primar y and insurer is not entit ed t a:1 y contribution from insurance in effec t , if any, for RTD. 7. All policy or endorsement limitation (s ) relating specif i ca_l v t o o peratio ns on or near rai_ro ad pr o pert y are eiim.:..:1a ted. · 8. Broad Form Property Damage endorsement . 9. S o -Ca led X,C and U (or simi lar ) limitations are not effecti v e as respeccs ope rati ons b y or for the named insurec o .. or ad j acent t o R7 D's property. 1 0 . In the e v enc of reduction or exhaust:on o f ~he aoo_icable aggre gate imit or limics of liabi li ty under the pr ima=y po:i y or p oli cies referred to in the attachec certificate o f ins ranee sole ly by reason of losses paid there under 0:1 a ccount o : occurrences during the policy peri od , the ex c ess p olicy , i : any , referre d to herein shal l (I ) in the e ven~ of r educci o n , apply a s excess of the reduced lim:t of liabil 'ty thereunder; and (ii ) i:1 the event of exha u stion, c ontinue i n force as though it were primar y insurance . The term "RTD " includes successors a nd ass :g:1s of R!J a nd a:filiates thereof . Ins u rance Company By=-----------(Titl e ) \'}'\':/:':\':\\\ ......... . . ·.·.·.·.·.·.· . . . . . . . . . . Title :~---------~ , . ) I • 0 - • • • ... • - COUNCIL COMMUNICATION Date Agenda Item Subject: RTD License September 5, 2000 Agreement to Build Tunnel 10 a i for Big Dry Creek Bike Trail under RTD Line INmATEDBY: STAFF SOURCE: Department of Parks and Recreation Jerrell Black , Dir ector COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Ordinance# 40. Series 1993 -Intergovernmental Agreement between the City of Littleton , the South Suburban Parks and Recreation District, and the City of Englewood for the funding of the preparation of the Big Dry Creek bicycle Trail Master Plan. City of Englewood contribution - $8,457.50. Ordinance # 41. Series 1994 -Intergovernmental Agreement between the City of Littleton, the South Suburban Parks and Recreation District, and the City of Englewood for the development of the Big Dry Creek Pedestrian/Bicycle Trail Project from the South Platte River Trail to Progress Park in Littleton. Total Project cost· $757,000. City of Englewood contribution -$38.458 1998 Budget -Council budget approval of $40,000 for the City of Engiwood contribution to the Big Dry Creek Trail Project. 2000 Budget -Council budget approval of $40,000 for the City of Englewood contribution to the Big Dry Creek Trail Project. Ordinance # 2. Series 2000 -Approval of Quit Claim Deed of RBI Property for Big Dry Creek Trail Development. CB 66, Approval authorizing the acceptance of a grant of property from Tom G. King CB 69 , Intergovernmental Agreement between the City of Englewood and South Suburban Park and Recreation District to allow for the construction and maintenance of the Big Dry Creek Trail. RECOMMENDED ACTION Staff recommends Council adopt a bill for an ordinance approving an Intergovernmental Agreement between the City of Englewood and RTD for the granting of a license by the Regional Transportation District (RTD) to the City of Englewood for the Big Dry Creek Trail. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The development of the Big Dry Creek Pedestrian/Bike Trail began in 1993. The City of Englewood, the City of Littleton, the South Suburban Parks and Recreation District, and the South Suburban Park Foundation have been partners in this project. The bike path through Belleview Park was completed in 1998. The next phase for construction is the section from Windermere to Santa Fe, which is to be completed in the year 2000 . The proposed Big Dry Creek bike trail/path ) I . 0 - • • • • ··-..,~ ,.. .. •, • -' from Windermere to Santa Fe requires a tunnel beneath the RTD right-of-way of the Light Rail line . RTD is willing to grant a license to the City of Englewood to allow for construction of the tunnel across the right-of-way. The tunnel will eventually be extended under Santa Fe, which will allow access between the Big Dry Creek Trail and Platte River Trail. FINANCIAL IMPACT There is no financial impact to the City of Englewood . UST OF ATTACHMENTS Ordinance License Agreement • ~ • ) I • 0 • • • • r.· ... • - BY AUTHORITY ORDINANCE NO ._ SERIES OF 2000 COUNCIL BILL NO . 61 I NT ROD UCED BY COUNC IL ME~ER GARRETT AN ORDINANCE AMENDI!\G THE CITY OF E NG LEWOO D COMPREHE NS l\'E PLAN TO INCLUDE A REGIONAL PLA N ELEME NT . WHEREAS , the Englewoo d City Co uncil passed the City of Engle wood Comprehensive Plan in 1979 ; a nd WHEREAS . the Englewood Co mpre hensive Plan provides poli cies guiding action s affecting the City's physical development; and WliEREAS . in March of 1997, the Board of Directors of t he Denver Region a l Co uncil of Governm ents (D RCOG) approved a strat e gic growth plan for the six-county metro-area entitled :vt etr o Vi sion 2020 ; and WHEREAS , the City Co uncil of the Ci t y of Englewoo d . Co lorado p assed a Resolution No. 48 , Series of 1999, s upporting the De nver Regional Co uncil of Government (DRCOG) metr o Vision 2020 Plan: and WHEREAS , the proposed amendment adds goals and obj ectives for five of th s ix Metro Vision 2020 ''Co re Elements·· to Englewood's Co mprehe nsive Pla n ; a nd WHEREAS . t h e sixth Co re Eleme nt. "Free -S tanding Co mmunities" wa s not e ndorsed by En gl ewood's Planning a nd Zon ing Comm1 ~s 1on beca use that ele ment pertains mainly t o outlymg co mmunities s uch as Castle Roc k. Brighton and Longmont; and WHEREAS. the passa ge of tlus proposed Ordina nce would amend the Englewood Comprehensive Pl an t o prov,de a r egional co ntext for the anticipated updating o f t he Plan. WHEREAS , the En glewood Planrung a nd Zoning Com mission h eld a public h earing on M ay 16. 2000; a nd WHEREAS , The Englewood Planrung a nd Zoning Co mm ission of the City of Englewood h as app r ove d a nd re comme nd ed that the 1979 Co mprehensive Pla n , Forward Section, should be a mended to r efle ct the suppor t of the Metro Vi sion 2020 Plan; NOW , THEREFORE , BE IT ORDAI NE D BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. OLO RADO . AS F OL LOWS : Sectjon 1. The City Co uncil of the City of Engle wood , Co lorado hereby a pproves a nd a dopts the followrng as a n amendme nt to "The 19 79 Co mprehens ive Plan (Master Plan)." -I - • .. 10 b i ) I • 0 • • • 8 . • . I ~at ... • -.. The 1979 Compre hensive Plan, the Forward Section , be amended by adding thereto the following s ta tement to number 8 , to the "Goals": Support the regional strategic growth plan for the six.county Denver metro area , Metro Visio n 2020 , including the Urban Growth Boundary, wlHeft eneetlt'agee it,f!JI de, elepment 1H1d dif'leetlt'ages ttt l,anieatien be) end a designated 789 st1t1a1e mile: Open Space · Balanced Multimodal Transportation System · Urban Centers: and Environmental Quality. Introduced, read 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. A Public Hearing wa s held on August 21 , 2000 . Read by title a nd passed on final reading on the 5th day of September, 2000. Published by title as Ordman ce No. _, Series of 2000, on the 8th day of September, 2000. ATTEST: Thomas J . Burns, Mayor Loucrishia A . Ellis, City Clerk I, Loucrishia A. Elli s, City Clerk of the City of Englewood , Colorado , hereby certify that the above a nd foregomg is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . ~ Series of 2000. Loucrishia A. Ellis -2- • l . ' . .... I • 0 • • -• ORDINANCE NO._ SERIES OF 2000 •,, • .. • - BY AUTHORITY ... COUNCIL BILL NO . 70 INTRODUCED BY COUNCIL :Vl:DIBER BRADSHAW AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ENGLEWOOD ENVIRO?\'MENTAL FOUNDATION, INC .. THE REGIONAL TRANSPORTATION DISTRICT AND THE CITY OF ENGLEWOOD , COLORADO ENTITLED "COMMON AREA MAINTENANCE AGREEMENT. WHEREAS, Ordinance No . 1. Se ries of 1996/199 7 was passed by the Englewood City Council authorizing an IGA entitled "City of Englewood Project Agreement with RTD for Transit Facilities and Parking Spaces to be Incorporated into the Redevelopment of Commercial Real Estate Near Hampde n 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 the transit facilities a nd parking spaces at CityCenter Englewood: and WHEREAS, the passage of C . 8 . 67 , Series of 2000 . by the Englewood City Council authorized a Se cond Amendm ent to t he !GA for Engl ewoo d CityCenter Between the City and RTD ; WHEREAS , the pa s sage 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 COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS: Sectjon 1 The "Common Area Maintenance Agreement"' between the Englewood Environmental F ounda ti on , Inc., the Regional Transportation District and the City of Englewood attached heret.o as "Exhibit A", is hereby accepte d and approved by the Englewood City Council. Sectjon 2. Th e ~loyor 1s a uthorized to execute a nd the Ci ty Clerk to attest and seal the "Comm on Area '.\1ain tenance Agreement'" for and on behalf of the City of Englewood , Col or a do. Introduced , read in full , and passe d on first reading on t he 21 st day of August, 2000 . -1- 10 b ii I • 0 J • • • • • • .. Published as a Bill for an Ordinance on the 25th day of August, 2000. Read by title and passed on final reading on the 5th day of September, 2000 . Published by title as Ordinance No. ~ Series of 2000. on the gt1o day of September, 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 a nd 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 -2- .. . ' . ) I • 0 • • -. • • - COMMON AREA MAINTENANCE AGREEMENT (EEF/RTD) TIUS COMMON AREA MAINTENANCE AGREEMENT ("RTD CAM") is m ade this __ day of May, 2000 by and between ENGLEWOOD ENVIRONMENTAL FOUNDATION, INC., a Colorado non-profit corporation ("EEF'}, whose addres s is 1000 Englewood Parkway, Englewood. CO 80110: and REGIONAL TRANSPORTATION DISTRICT, a political subdivision of the State of Colorado ("RTD"), whose addre ss is 1600 Bl ake Street, Denver, CO 802 02 . 1.1 1.2 I. RECITALS RTD and the Cit y of En glewood entered into an Inter-Governmental Agreement (IG A ) d a ted J anu ary 6 . 1997 pro vi ding for the acqui sition of a transit easement by RTD fo r its Southwest C o rridor Light Rail Tran sit Proj ect at the red ev el o ped Engle wood CityCenter. Purs uant to Section 12 of the IGA the partie s ag re ed to ne g o tia te a j oint use m:ii nte nance a greement for the maintenance o f th e areas acq uired for th e projec t. a s such areas were defined in the IGA . A copy of th a t prov ision is et fo rth below : SECTION TWELVE MAI I\TTE NA CE PROJECT The parties c ont e mplate a joint use project, for which a joint use maintenance agreement will be negoti a ted . The RID will contribute to maintenance of the P roject durin g it s u eful life. and shall maintain the LRT passenger platform and the LRT trac ti o n powe r s ubstation at it s own cost. Maintenance will include . but not be limit ed to . snow and ice removal , provision of sanding and dei c ing age nt s a s d eemed ne ces sary. The City of En g lew o od h as assigned its maintenance and certain other re spon sibiliti e s pursuant t o the IGA to the Englewood Environmental Foundation (EEF). RID has agreed to contract for maintenance of the Project areas , and c ertain addition al c ommon areas , with EEF in fulfillment of the parties' obligati o ns purs uant to Section 12 of the IGA for so long as an to the extent th at EEF a ss umes maintenance re spon sibilities. C \WISDOWS\TEMP\CAMO).duc • E ),. ... I B I T A '.) I . 0 • • -. • •· . ' • • ' l.3 EEF is redeveloping the property formerl y kn ow n 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 cu rrent light rail system. referred to as the Southwest Co rridor Light Rail Tran si t Project, within the right-of-way immediatel y 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 ystem and it s pa sse nger s, including but no t limited to a pede strian bridge providing pedestrian access from the li ght rail stati o n to the facilities at Englewood CityCenter. parking facilities for light rail passengers and commuters. se rvice roads to provide access for RTD buses. allowing bus pas engers and light rail pa sse nger s to co nnect with one another. bus bays to allow the RTD buses to pi ck up and drop off pas se n ge rs in clo se proximity to the light rail station and other ancillary ,rnd related facilities. 1.6 In co nnecti on with the development of Englewood CityCe nter. EEF entered into a Common Area Maintenance Agre ement with Wal-Mart Real Estate Bu si ne s Tru t d:ited November 24, 1999 and re corded in the records of the Clerk and Re co rder of Arapahoe County on November 24, 1999 at Rec eption 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 Ma ster CAM Agreement ) shall be maintained by EEF. as the Maintenance Director. unle ss such Common Areas are located solely on a Parce l owned by a private party. The Common Areas to be maintained by EEF include the facilities servic ing the light rail sys tem and it s passengers. 1.7 Under the terms of paragr:.iph 5.d of th e '.\1a,ter CAM Agreement , the Maintenance Director is given the right to provide maintenance for third parties :.ind for property adjacent to Engl ewood 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 Area se rvicing or benefiting or enhancing the light rail system. and RTD will reimburse EEF for th e c:ost of such maintenance on the terms and co nditions hereinafter provided. NOW, THEREFORE. in consideration of the mutual promises contained herein and fo r other good and valuable consideration, the receipt and sufficiency of which are hereby ack nowledged, the parti es agree as follow s: 2 • ) I • 0 - • • . -. • • - Il. AGREEMENT 2.1 Definitions . (a) "CAM Cost s .. shall have the same meaning as set forth in the Master CAM Agreemen1. (b) "Englewood CityCenter" shall mean the transit oriented development located on the property de scribed as Englewood CityCenter Filing No. I , Arapahoe County, Colorado . (c) "Hampden Station" shall mean the li ght rail station located at Hampden Avenue and Santa Fe Drive, adjacent to the Englewood CityCenter. (d ) "Maintenan ce Direct or:· The Maint enance Director shall be that person des ignated in writing by the EEF along with the annual certification of estimated cost fo r the following year. 2.2 Wo rk to be Perfo rmed b v the Maintenance Director. The Maintenan ce Director shall maintain all walkways, sidewalks. streets, bu s bay . and the bridge (including all stairway s) from the RTD platform to Englewo d Ci t~ Ce nter. Such maintenan ce shall include , but not be limited to . removal of all papers . debri s, filth. refus e. ice and/or snow. and sweeping such areas . ma int aining all pa ved surfaces. includin g repairs. replacement and re s urfaci n g. as necessary. and maintainin g all necessary lighting . EEF shall al so maint a in th e parkin g structure adjacent to the Hampden Station at the southwe st com er of Englew ood CityCenter, and the surface parking at the no rthw es t com er of Englew ood CityCent er. portions of which parking area s are availabl e for u e by RTD passengers or co mmuters . All such maintenance sh a ll be do ne in accordan ce with the standard s set forth in the Master CAM Agreemen!. RTD shall be res ponsible for all maintenance of the platform adjacent to th e Hampden Station, includin g cleaning, ice and/or snow removal. sweeping. repair and replace ment , as ne cessary. The standards for the maintenance to be done by RTD on the plat fo rm shall be at least equal to the standards o f the maintenance done by th e Maintenance Director for the C o mmon Areas o f the Englewood CityC enter. At a minimum, the Maintenance Director shall be responsible for all items contained in Section 12 of the IGA for o long as this agreement is in effect. Failure of the Maintenance Direc tor to co mply with the provi sions of Section 12 shall not relieve th e Engl ewood of it s obligations under the IGA . 2.3 (a) The CAM co sts payable by RTD pursuant to this Agreement are for RTD 's share of common area maintenance costs arrived at pursuant to the formula shown bel o w and depicted on Exhibit B attached. Any costs charged to RTD C \Wl'li OO WS\TEMN:AMftl -il'II: 3 ... I • 0 ]- • • • • -.. • - shall be based on this formula which shall not be changed except in writing acknowledged by RTD, EEF and the Cit y 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 8 , currently 27% of total CAM costs per year. Within thirt y (3 0 ) days prior to the commencement of each calendar year, Maintenance Director shall provide RTD with an estimate of RTD's share of the CAM costs for the following calendar year, and RTD shall pay J/12'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 any shortfall to be paid . wit hin thirty (30) day s after inv oici ng . Failure of the Maintenance Director to prepare a re conciliation on o r before June 30 of th e year following which all e stim ated payments have been made by RTD shall re sult in a suspension of payment s until a reconciliation is prepared . In the event that a reconciliati o n shows that RTD paid in excess of its pro rat a share of actual CAM costs, th e excess shall reduce the following months(s) bill until all exce ss payments for th e prior year have reduced the current year's pay ments . In the event that reconciliation shows that RTD has paid Jes s than it s 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 sha ll be sent to RTD showing the new monthly payment fo r the remainder of th e year. All Estimates of Annual Costs and other No ti ces required under thi s Agreement shall be sent by fir st class ma il to the following person s : ForEEF: President. Englewood En viro nmenta l Foundati o n. Inc . 1000 Engl ewood Parkwa y Englewood , CO 80 110 2.4 Default . For RTD : Direc to r. Planning and Development RTD 1600 Blak e Street Den ver. CO 80202 In the event of default by the Maintenance Director under this CAM Agreement. RTD shall have the right s and remedies otherwise available to any Person in accordance with the terms of paragraph 7 of the Ma ster CAM Agreement. Provided that RTD has budgeted, appropriated a nd authorized fund s for payment of annual CAM cost s. in the event of non-payment of any monthly payment by RTD , interest shall accrued o n such non-payment at the rate of I % 4 I • 0 J • • • 2.5 2.6 • • - per month. No person (s) or entity other than the City of Englewood and the Maintenance Director shall have any rights ag ain st RTD for default. Nothing herein shall be construed to make any Perso n or pany to the Master CAM Agreement a third-party beneficiary to thi s Ag reement . Nothing he rein shall reli e ve the City of En glewood or RTD of any of their obligation s under the IGA except that th e parties may ac cept sati sfaction of those obli gati ons by performance of thi s Agreement . RTD shall have the right , upon not le ss than ten (10) days· prior written noti ce to the Maintenan ce Director, given within o ne year after the end of an y calendar ye ar, to in s pect the Maintenance Director 's records for all CAM cos ts incurred during such pre ceding calendar ye ar, and shall otherwi se ha ve the audit rights avail able to an y Owner on th e same term s and condition s as provided in paragraph 6 .c o f the Master CAM Agreement . RTD 's payment of CAM Cos es shall comme nc e OI) the ftrst day o f the fir st calendar month followin g commencement of light rail servi ce to the public at the Hampden Station . The amount of such payments fo r 1he remainder of calendar year 2000 shall be bas ed upon an estimate of CAM Costs agreed upon by EEF and RTD no later than June 15 , 2000. In surance . The M aint enan ce Direct or shall procure and maintain in full force and effe ct throughout th e 1erm of thi s Ag reement a. a CA M C ost, in surance as required under parag raph 8 o f the Mas ter CAM A gree me nt. Duration . Except as oth erwi se provid ed herein , thi s Agreement shall continue until the occ urrence o f th e earlier o f th e followin g event s: (a ) Terminati on o f light rail service at th e Hampden Station , or (b ) Termin ation o f the Ma ster CAM A gree ment . Upon termin ation of this Agreement, all right s and privileges deri ved from and all duti es and obligations created and imposed by the provi sions of thi s Agreement shall terminate and have no funher force or effect; provided , ho wever, that the termination of this Agree ment shall not limit or affect an y remedy at law or in equity that either part y may have again st the other with re s pect to an y liability or obligation arising or to be performed under this Agreement prior to the date of such termination. In the event of termination o f this Agreement for any reason other than termination of light rail service at Hampden Station , nothing herein shall relieve the City of Englewood from C.\V.'INOO WS\TEMPCAa.11.dtoc 5 ) I • 0 • 2.7 2 .8 • • -' maintenance obligations pursuant to Section L 2 of the IGA. Incotporation 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 a s supplemental provi sions of this Agreement: Section 3 : Section 4: Section 5 : Section 6(c ): Section 7(c ): 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 thi s Agreement shall be construed as a waiver of any of the provisions of that Act. C \Wl !'l,DO WS\l'EMP'£AMl0Aoc 6 ) I • 0 - • • • • 1 •,.• ~ .. • • IN WITNESS WHEREOF, the parties have executed this Agreement effective the day and date first above written . APPROVAL AS TO LEGAL FORM FOR REGIONAL TRANSPORTATION DISTRICT: ENGLEWOOD ENVIRONMENTAL FOUNDATION , INC., a Colorado non-profit corporation By: ------------- Rick Kahm, President ATIEST: By :------------- Robert Simpson , Secretary CITY OF ENGLEWOOD: By :------------- Mayor By :------------ Marla L. Lien , Associate Counsel REGIONAL TRANSPORTATION DISTRICT By :------------- Clarence W. Marsella, General Manager 7 ' I· 0 .x -----·----~----------------------...-------• ,. -•f 4._,,, ... • - .. EXHIBIT B RTD CAM COST FORMULA Nonh Parking Lot 4.165 acres @85 % = 3 .540 SW Parking Structure 2.444 @75 % = 1.833 Busway and bridge 1.940 @ 100 % = 1.940 Aoyd Avenue 1.681 @50% = 0.841 Piazza 1.623 @ 15 % = 0.244 Total Common Area = 3 1.076 acres RTD Area = 8.398 ac re s (27%) • • I . 0 C \\l,'ISOO WS\TEMPC.AMJl.dnc • • • • ORDINANCE NO ._ SERIES OF 2000 '•. • • - BY AUTHORITY ' COUNCIL BILL NO. 71 I NTRODUCED BY CO UNCIL MEMBER BRADSHAW AN ORDINA CE AUT HO RI ZING A '·GRANT OF CONSTRUCTION EASEME NT' AND "LICENSE AGREEMENT' F OR THE CITY DIT CH TO JAMES Q . NEWTON TRUST. WHEREAS , the James Q . Newton Trust requested a Lice nse Agreement and a Grant of Construction Easement for t h e purpose of co n structing roadway improvements and an access drive on the west side of Santa Fe Drive; and WHEREAS, the Utilit ies Department of the City of Engle wood r eviewed the Newton Trust request and is r e quiring the Newton Trust t o install approx:imately 1.760 lineal feet of 54" RCP pipe in connection with t he acce ss drive across the Engle wood City Ditch Right-of-Way; a nd WHEREAS, the passage of this proposed Ordina n ce will authorize the "Gra n t of Construction Easeme nt" pe rmitting the Newton Trust access to the City Di tch t o install the 54" RCP pipe and at the same time store pipe , eq uipment and fill a lon g the Englewood's City Ditch Right-of-Way in a manner which d oes not interfere with its operation; and WHEREAS, the Englewood Water and Sewer Board r ecommended Council approval of the "Grant of Co n struction Ease m ent" and "Lice n se Agree m e nt" for the City Di tch to James Q. Newton T r u s t ; NOW , THEREFORE , BE IT ORDAI:-JED BY THE CITY COU NCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS F OLLOWS : Sectjon l. The "'Gr a nt of Co nst ruction Easem ent" a nd the "Li ce nse Agreement"' to t he James Q. Newto n Trust fo r the purpose of con structi n g roadway improve ments on the west side of S anta F e Drive , as described in Exhi bits "A and B'', are hereby accepted and approved by t h e City Council of the City of Englewood , Colorado. Sectjon 2. The Dir ect or of U tilities is a uthorized to execute the "Grant of Co nstruction E ase m e nt" a nd ·'Lice n se Agreement" fo r a nd on behalf of the City of Englewood, Colorad o. Introduced, read in full , and p assed on first r eading on the 21st day of August, 2000 . -1- .. 10 b iii I • 0 • • • • .. • - Published a s a Bill for an Ordinance on the 25 •h day of August, 2000. Read by title and passed on final reading on the 5th day of September, 2000 . Published by title as Ordinance No. __ , Series of 2000, on the 8th day of September, 2000 . ATTEST: Thomas J . Burns, Mayor Loucrishia A. Ellis . City Cl erk I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foreg oing 1s a true copy of the Ordinance passed on final reading and published by title as Ordinance No . Series of 2000. Loucrishia A. Ellis -2- •' ' • I 0 I • C, I • • • -.. • - LICENSE AGREEMENT THIS AGREEMENT , made and entered inCD as of the day of ....,..,----' 2000, by and O.lwNn tne CITY OF ENGLEWOOD, a municipal corporaticn of Colorado , hereinafter referred 1D as ·C,ty" and u,e James a. Newton Trust. hereinafter referred 1D as "Lic:enSN," WITNESSET11: The City withOl.lt any warranty of ils title or interest wr,atsoever. hereby ~trionzes u:ensee, its SYccessors and assigns., CD install a 54• RCP pipe within Ciiy's right-of-way for the C,ty Ditcn and ID install, repair and maintain an access drive aaass U,e City's rights-of-way for #le City O,tch, described as a parcel of land sib.iated in u,e East 1/2 of SediDn 29. Township 5 Souu,, Range 68 West of the 6tn Principal Meridian, County of Arapahoe, State of Colorado. depicted upon Exhibit A attached l'lereto and made a part l'lereOf. 1. Any consttuc:ion contemplated or performed 1.1nder this License snail comply with and conform to standa~s formulated by the Diree!Dr of Utilities of the City and such consvuction Shall be performed and completed according to tne plans approved by U,e City . 2. The Licensee thall notify the City's Director of Utilities at least trlree {3) days prior 1D the time of cammenc:en.nt of the ~ction of, or any repairs made to. Licensee's 54" RCP pipe and access drive so that !he City may, in its discretion. inspect SMdl operaticns. 3. Within thirty (30) days from ine date of commencement of c:onstn.action of said 54" RCP pipe and access drive, the Licensee snau complete such constn.iction. place and mainiain permanent, visiDle markars. of a type and at such laeations as designated by the City's Oiradar of Utilities, referring r.o 01a c~tertlne of the installation and shall dear the crossing area cf all ccnsvuction debris and resiore Vie area ro its previous condition as near as may oe reasonable. In the event ine placing of the center1ine marurs and U,e clearing and restoration of the creasing area is not completed wftnin the time specified, tr,e City may complete the worlt at the sole expense cf the Licenffe . 4 . S. Tne City Shall nave the right to maintain. install. repair, remove or relocate tne City Ditch or any other of 11.S fac111t1es or installations w,tnin tt,e City's rights-<lf-way. at any time and in suc:n manner as the City dHms necesury or convenient. The City reser,,es the exclusive right to central al easements and installations. The stipulation and conditions of this License shall be incorporated into contract specificationa if11i• construdlon herein autnorized is tc be done on a ccntrad basis ~·· -. • E X .. I B I T I· 0 - • • • • • - 6. The rights and privileges granted in ltlis License shall be subject tD priOr agreements. licenses and/or granis, recorded or unrecorded, and it shall be the Licensee's sole 1'9Sponsibility ta determine the existence of said doc:uments or conflicting i,ses or instaHalion&. 7 . Tr,e Licensee shall cont.Id and ~lly caoperata with tne City's personnel and the ccnstnidion shall be completed without interference with any lawful, usual or ordinary flow of water ltlrcugh the City Ditch. Licensee shall assume all risllS incident to the possible presence of SYch waters, or of s1Drm waters, or of surface waters in u,e City Ditch. 8. All trencnes or holes within tne Cicy's rights-cf-way shall be backfilled and tamped ID the original ground line in layers not tD exceed siX (6) inches loose measyre to a mmpadion of ninety per cent (90%) Standard Proctor Maximum Density . 9. Licensee shall indemnify and save harmless the City. its officers and employees, against any and au c:sa1ms, Clamages, ac:t1ons or causes of action anCl expenses tc wruc:h it or they may be S1Jbjected by reascn of said access drive being within and aQ'QSS the premises of the City or by reason of any work done er omission made by Lieensee, its agents or employees, in connection with u,e ccn~ction. ,-placement maintenance or repair of said access drive . L.Jcensee. for a penod of one (1 l year beginning en January 2, 2001. warrants ta City that the 54• RCP pipe will be free fn>m defects in materials and will be free from defeas in the in&tailaticn at tt,e 54• RCP pipe inta the City Ditch right-<1f-way . Upon an assignment af this License tD a third party , which ass ignment shall be approved by City (approval af an assignment shall not be unreasanabty wittlneld or delayed) the James Q. Newton Trust shall be released from all 1'9SPQn$ibility under the previsions of U'lis paragraph and the approved assignee shall assume all abligations under this paragraph. Also, when the Caiarado Department of Transportation and/or the City of Litlleton accepts the prcjed conslructed under tnis License Agreement for ma,ntenanc:e p1.1rsuant ta an agreement with the City or by other means acceptable fQ the City then the James Q . Newtcn Trust shall be '91eased from all respansibility under the provisions of this paragraph . 1 o. It is expresSly agreeel that in case of Licensee's breach of any of !he within premises. the City may , at its option, ha11e specific perfarmanca trier.of, or sue for damages resLiltlng from SL1d'I breact,. , 1. Upon abandonment of any rigr,t or privilege herein granted, the :ight of Licensee to that extent shall terminate, but its obligation re indemnify an4 save harmless tne City, its officers and emproy .. s, shall not tarminate in any event, except as tD the James Q. Newton Trust p&,rsuant to the provision of paragraph !3 above . -2- • I· 0 • • • ,,.-----.-----------------------~---... • . ''!\., -•-. .. • - In granting the aballw autlDlzaloia. aw Cly ,... .. cne nght to make full use of lhe prape,ty imlalved • may De nec:111&7 or c:anv.ient in h aperaUon ot the ...,.works plal1t and lysllm under a. canDQI alltle Cly. IN WITNESS WHEREOF, Qlis ins1nunant l'IU bN11 execulld as of1he day and year fntaDove ..... APPROVED: Chairman APPROVED AS TO FORM: LICENSEE: ~a<TR~ -8~ ·~ By. Ric:nan:s M. Davis. Jr •• T I . 0 • Date: 8/10/00 ,,--. • , ....... • - BELL SURVEYING COMPANY 500 MI.MIATM ST. • OENll£R, CC. ao20• ( 303 ) 829-0115 f'AX 1123-not Of'G«N 81: MI.ILl'iERN MRE. INC. d, EXHIIIT A CROSSING UCENSE AGREEMENT EXHIBIT Dni•;~ No . oooa-105. A CIIOISING -'1:11 IIIWlaT l'l#CIIIS CMII A llalll'ICIN o, M ~ 1/1 o, SICTlO,, a ,aw,,-, taun. . ...,_ • .a,-o, nc sn, "11.. c:ouo.l'r o, ,w,,...ot. STAl! or ~. ENG IOI Nlffil:uulllLT CIDCllaD 4 ~: emi-Af A -T QN 'nC WISTIIILT IIOtT 0, •T 1.11o1 OI M Cl1'T OITCN. ~ l[JNG QN TIC IIISIIIII.T IIIGlff 0, •T ..C OI u .L -T IIO. 15. -,£IC[ 11<1: ClliTIII 0, SAIC SIC'IION ZI 11ot1111 " ~nu· • a asr...ci o, , m .c ,m, TICNCZ II STo.n z• ! .a.z• ,m, llCIG s ..-a·• ,na I'll!", n.a.a " ..-or.,·• :s1.22 !'!ET 10 a l'CIIHT IJ/F Cl""I QN SilO WISIIILT 11111M!" a, •• U1C. TICICI: ii.ONG M .tllC 0/F SAIC CuM TO "nC o.Df .-A 110US 0, SU..!11 'UT. a CDITIIM. .oNCI.£ or 00'50.06". CllC CIGD OI ...0. 1111111 N S12'21" IE) a a,sr...a OI G.01 ,ur -Cit 1-DS 10 1IC POINT OIi ..,__ l'QR THE PullPOSES OI Tld aDCWfiOot 'IIC 1AS1S OI lrAllll'IGS tS M NClffl<-SOIJTI, CIHTDluNE 0/F 5'IIO UCTlON 11 ~ N OCl'Ol'2J° E SClll.l , • • ao· • I • 0 • J-- • - 0 GR £ OPMENT) : " (J (J () ~ l;: ~ • -----S.H. BS {SANTA F£ DRfV£) -- ------- • • I --------0 • • • • • -. G • - GRANT OF CONSTRUCTION EASEMENT THIS AGREEMENT ,s madethis __ dayof 2000 by JAMES Q. NEWTON TRUST c·Newton·), wnoH principal place of Miness is 2 1nvemess Drive East. S'-iite 200, Englewcod, Colorado 80112, and the CITY OF ENGLEWOOD ("Engtewacd.), a Colorado municipality whose principal place of business Is 1000 Englewood Parkway, Englewoac1, Colcrada 80110. WHEREAS, Newlan dniras ta construct roadway impl'C\lements tD the west side of Santa Fe Ori'le ta ser.,e future de'lelapment and in aa:ordance with an approved COOT Access Penni, (No. 597129); and WHEREAS, Newton ,s req"il'lld tD insiaJI a COOT apprc11ed 54• RCP pipe project ,n an Englewood Ci~ Ditch rigl'lt~ay in the location depicted upon !:Ahibit A attad1ed nerem and made a part nereof(Vle "Proiea"); and WHEREAS. Newton owns a parc;et of 'lacant land slated for commerc ial devetapment; and THE PARTIES c:ovenant and agree as follows : 1. Pflqjptiqn of Prqj,tc;t. Newton will instaU a COOT approved 54 • RCP pipe project in lie Englellllood City Dild'I ngnt-of-way and cover same with dean fill dirt beginning in Na\lember of 2000. After tt,e pipe is installed and covered, wl'lieh is tc be nc later 1han FeDNa~ of 2001, Newton will do what is reasonably necessary tc rastore tne pn:,perty to the original condition. 2. RiQht JR Store Matcrjafs. Englewood agrees to permit Newtcn. irt c:arijundion with the constructior, and insiallatian of pipe, tD stcre pipe, equipment and fill dirt an a site as indicated an tne auached map. Newton agrees ta erec: a ramporary seasrity fence around the stcra;e site and maintain adequate seC1Jmy fer the site at all times . Newton fLarU'ler agrees to c:cmpty wiOI au state and federal statlJteS and regulations regan:ling 1he handling, starage and dean up of any haZardous materials used by Newtcn, ils employees, agents and assigns ,n conjunction with the Project. Th• location of th• conswctlon easement is depicted upon Exhibit ·A· . 3 . Lengq, of Agreement. This Agreement shall expin, an October 31. 2001 . However. the City Citcn piping project must not ceg1n before November 1, 2000, and the 54• RCP pipe must ha'<le flow capability on or Defote January 1, 2001. 4. ~-Newton sna11 ha..,e the temporary non-exclusive right to enter the property far any reasonable purpose necessaey for tne canstNc:tian of the Project S&.&bjed tD u,e fellowing resUictians: 1) normal working no11rs shall tie from 8:00 a.m . unti 4:00 • I! X .. I B I T 8 ) I . 0 • • • I • ... . ;, .. ·~ • -... p.m.; 2) lh• operaliDn of equipment and neavy tru«:IW will be permitted on the property anty during normal wcning hours: 3) Neo#lal1 #iH comply wilh all CiSy of Lialetcn ,-quiremenls regarding emergency access u, the praperty. 5. B,slpradgn. Newton wll da what is nec:esu,y ta l'9a1Dra 1he prcperty ta its original condition including ~t not llmilld u,: ragrading lhe praperty under this agreement and raseeding tt'le property accanlng to COOT requiremems . The restDration is to be completed by the expirl1ion date of !his Grant. &. Sjta CgngjJjqn Newton will ~ wurily far u,e sita at all times . In addieion, Newaan will endeavor to keep u,e site in I visully acceplable manner during 1he tllnn of thtS agl'Nfflent. and Newton will maintain ldequata cust control either by regularty spraying exposed sail wltn watar ar Dy other acceptable methods. 7. ~-NeiNtan agrees ta be liable and hold harmless Englewood. its employees, tenants, guests and invitees from an) anG all daims, causes of ae%ion. and liabilify which may OCCW' IS a n!ISUlt oftne actions of NNIDn indUding the cost of defending against sud! claims. 8. lnsurance . Newton shall maintain in M farce and effect a valid pcticy of insurance far u,e Projea in the amount d $800,000 prapeny c:overa;e and $600.000 llabirny c:average. Newlan fllr1her agrees that all Newron employees. conlr.lCtDrs and sub- canlractcf'S WOf1'ing on the Prqed Shall De covered by adequate Wo11ters Compensation lnsuranc:e. 9 . AltwJtipn. The parries agrae ID submit any disputa ta an,itratiOn pursuant to CoiCradO law. IN WITNESS WHEREOF, the Partin heretD nave 8K8CUt8d 1tlis Grant of Cons1rlM:tion Easemem on Ute Detow wri1ren date ta be .«active on u,e csay and year fim abOlle MiUen. JAMES Q . NEWTON TRUST ~E&Jt ) )ss. COUNTY OF SnuidG.., ) On this \la~ day of Av..~ld+ , 2000, be!or9 me peBOnally appeared Ricnarcs M. Davis, Jr .• known to me sa be tne TrustH af the James Q . Newtan Trust. ltlat uecuted the within and faregoing lnsvument. and ac:krn»ledged -2- ,. ,: .. • I I . 0 ] I • • • l r ..... ~ .. • • .. Ille llid instrun.nl IQ be tr,e he and vaiura,y acr Ind daad of Aid Tut tar the uses and purpaNI 1heNirl meallic.uad. ana an uam, lllllad lhal he wa aithartad IQ waa said .,.,,,..,., IN WITNESS WHEREoF. I hawe,,.,.,,., • my hand and affixad my afflcial 9eal .. day Ind,..,. h lbove wrilllln. NOTARY PlJBUC AOORESS My ccmmiaic.n apns: ~ ~ « ,2#,;z CITY OF EHGI.EWOOD, COL.OfW>O _____ _, Direcllar gf Utiliaes ·3- '· .. .. I . 0 32xl 1 Datr. 1/10/00 • • • ,. "~. .,. • - BEU. SURVEYING COMPANY 500 KALMMTl'I ST. • DE!WER. CO. 1D204 ( JOJ ) 829-0115 ,AX 123-nOI d, EXHIBIT A CONSmUCTION EASEMENT • .. ~in9No. OOOl-105 5"ET 1 OF 2 ,. ., • I • 0 Oata: 1/10/00 &• ... 11s ~·I! !lz '·! ~I I ,! I 111 I I I • l I I I • I • .. ... • -' BEU. SURVEYING COMPANY 500 i<AUMATl1 ST. • DONER. CO. 80204 ..:.: ) ."'j, ... .,,_= -----.!!._~,,.. ,,,.,.---.._ -- WOLHURST LANDING VACANT PARCEL II") CX) d ~ .),. § ~ (.,j -. ~ ~ ::i s S0'40._. I SIi.Oii" .. Dna1n119 No. 0008-105 5"EET 2 OF 2 !<OT TO SCM.E .,; ' .. I • 0 ' • • • RESOLUTION NO.~ SERIES OF 2000 • • -.. ID c.,, I A RESOLUTION APPROVING COMPENSATION PLAN S FOR MANAGERIAL . . . S PERVISORY . CONFIDE TIAL, UNCLASSIFIED AND PART-TIME BENEFITS-ELIGIBLE EMPLOYEES OF THE CITY OF ENGLEWOOD FOR THE YEAR 2001. WHEREAS, by Charter amendment effective April 13 , 1981 . City Council provided for the establishment of managerial and supervisory employees within the service of the City of Englewood ; and WHEREAS , by virt ue of managerial and supervisory duties assigned to these po s 1t1on s by the City Manager, it has been determined that they are excluded from members hip , participation or representation in any collectively bargained employee system of the City of Englewood: and WHEREAS. by Charter a mendment effe ctive April 13 , 19 1. City Co uncil provided fo r the establishment of confidential employees within the service of the City of Englewood: a nd WHEREAS , by virtue of the duties assigned to these po s itions by the City Ma n ager or he City Attorney, it has been determined that they are confid ential a nd therefore the City makes no promise of continuous employment, permanent employment or any s pecific le ngth of e mpl o ·m nt and these employees are therefore excluded from membership. part1c1p a tJ on or represen tation m any collectively bargained employee system of the City of Englewood and are e xempt fr om t he Career Service System : a nd WHEREAS. part-time benefits-eligibl e employee s are defi.ned to be those working a n averag of 20 or more hours per week ; and WHEREAS , the Ci ty ma kes no promi se of continuous employment. perm a nent e mpl oy m e nt or any specific length of e mpl oy ment and these employees a r e therefore excluded fr om membership , participation or representation in any collectively bargained employee system of the City of Englewood a nd are exempt from the Career Service System: and WHEREAS , this Re solut10 n will not a pply to Director s whose co mpensation 1s set by the City i\·lanager; and WHEREAS, this Resolution will not a pply to the City Manager, the City Attorney and the Municipal Court Judge who a re co mp e nsated by the City Co uncil under separate re so lutions: a nd WHEREAS, this Resolution will not a pply to employees covered by a union in the City of Englewood as they a re co mpe nsated by co ntract under separate resolutions : and WHEREAS, under the Compensation Plans for managerial, supervisory, confidential. and p art-time benefits-eligible employe es, City Council desires to establish the pay rates for the year 200 1; NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO . THAT : • ) I • 0 • • -. • ' . .. . . .. • -~ COUNCIL COMMUNICATION Date Agenda Item Subject: September 5, 2000 2001 Cost of Living 1 O c i Adiustment INmATEDBY: Human Resources Deoartment I STAFF SOURCE: Sue Eaton, Director of Human Resources COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council previously approved a resolution in 1999 granting 2000 wage increases of : 3.25% for managerial, supervisory, and confidential employees of the City of Englewood and 3 .0% for unclassified, benefits eligible and part-time, benefits eligible employees . RECOMMENDED ACTION Staff requests Council approval of the attached resolution for a cost of living adjustment (COLA) for calendar year 2001 for the following groups of employees: Managerial and supervisory employees (General Services , Police and Fire) Confidential employees Part-time , benefit eligible employees BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Employees covered by this resolution will receive the following increase on the 2000 base wage rate : Managerial, supervisory and confidential employees : Part-time, benefit-eligible employees 3 .5% 3.3% The increase will be effective for the first paycheck in 2001 -January 4, 2001. The adjustments are comparable to the 3.3% increase to be awarded the Englewood Employee Association . FINANCIAL IMPACT The projected impact of the COLA on wages for 2001 is approximately $228,314. for managerial , supervisory and confidential employees, and $56,874 for part-time, benefit-eligible employees. • I I . 0 - • • • • .. • - ~!) Sectjon 1. The City 1: uncil of the City of Englewood , Colorado hereby approves the following pay increases on the ~ base wage rate effecti~~ !~he first paycheck ~ with a pay date of Janua~~/or the calendar year o~ / ~(XJ I 1) ManJgerial , supervisory, and confidential employees of the City of Englewood -3.5%. 2) Part-time benefits-eligible employees of the City of Englewood -3.3%. ADOPTED AND APPROVED this 5th day of September, 2000. Thomas J . Bums, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis , City Cle rk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. ~ Series of 2000 . Loucrishia A. Ellis .. . ' . I ) I • 0 2 • • -• • , .... .. • - /De.it RESOLUTION NO._ SERIES OF 2000 A RESOLUTION APPROVING AN APPLICATION FOR A GREAT OUTDOORS COLORADO PLANNING GRANT WHICH WILL ASSIST IN FUNDING A SOUTH PLATIE RIVER/SANTA FE CORRIDOR OPEN SPACE PLAN . WHEREAS , the South Platte River/Santa Fe corridor is beginning to spur redevlopment opportunities due to the large public investment garnered in the RTD Southwest Corridor Light Rail line ; and WHEREAS, it is imperative to be aware of and plan for the protection of the recreational, natural resource and open space amenities provided along this corridor; and WHEREAS. the South Platte River has been identified in the 1979 Comprehensive Plan and other numerous doc uments as one of the City's mo st valuable assets worthy of continued protection; and WHEREAS. a long-range strategy is necessary due to the ever-changing development environment; and WHEREAS , since the South Platte River stretches t hroughout the entire Metro Denver region, it is essential that other community interests are considered in this plan. including Arapahoe County , the City of Sheridan. the City of Littleton. South Suburban Parks and Recreation District, The Greenway Foundation. Corps of Engineers, Urban Drainage and Flood Control District, Trust for Public Lands , local youth groups and other interested parties; and WHEREAS, the total cost of the project is $59 ,000 with funding requested from Great Outdoors Colorado in the a mount of $34,000 , with the balance being provided from CDBG funds in the amount of $25 ,000 . NOW , THEREFORE, BE IT RESOLVED BY THE CITY CO NCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT: Sectjon 1. The City Co uncil of the City of Englewood he r eby approves the application for a grant of $34 ,000 from Great Outdoors Colorado to assist in funding a South Platte River/Santa Fe Corridor Op e n Sp a ce Plan . Sectjon 2 Rob ert Simpson, Director of Community Deveo pment, is hereby authorized to sign application for Great Outdoors Colorado grant. ADOPTED AND APPROVED this 5th day of September, 2000 . Thomas J . Burns, Mayor • I • 0 • • • • l· ... • • ' ATTEST : Loucrishia A. Ellis, City Clerk I, Loucrishia A . Ellis, City Clerk for the City of Englewood , Colorado, hereby certify the above is a true copy of Resolution No ._, Series of 2000. Loucrishia A. Ellis ) I • 0 • • • • • • COUNCIL COMMUNICATION DATE : September 5 , 2000 AGENDA ITEM SUBJECT: Great Outdoors Colorado Planning Grant 10 C ii INITIATED BY : Community Development STAFF SOURCE : Lauri Dannemiller , Planning Analyst COUNCIL GOAL AND PREVIOUS COUNCIL ACTION: No previous action has been taken on this matter. RECOMMENDED ACTION: Approval of a resolution to apply for a Great Outdoors Colorado Planning Grant which will assist in funding a South Platte River/Santa Fe Corridor Open Space Plan. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED: The South Platte River/Santa Fe corridor is beginning to spur redevelopment opportunities due to the large public investment garnered in the RTD Southwest Corridor Light Rail line . While much of this economic redevelopment will be welcomed , it is imperative to be aware of and plan for the protection of the recreational , natural resource and open space amenities provided along this corridor . The South Platte River has been identified in numerous documents , including the 1979 Comprehensive Plan, as one of the city 's most valuable assets worthy of continued protection . While this natural resource has benefited from the community's protection efforts, a long-range strategy is necessary due to the ever-changing development environment. This plan proposes to address: 1.) Identification of lands with potential for redevelopment into recreational and open space uses; 2 .) Upgrading the pedestrian and bike trail to address safety , aesthetic and natural resource concerns; 3 .) Identification of the corridor as a link between the cities and nature, through improved linkages to key urban assets; and 0 I· 0 - • • • l ' ,, • -~ 4 .) Creation of a shared vision, both locally and regionally , for the maintenance of healthy communities by providing for an improved qual ity of life for the region . Project funding will support a consultant , specializ ing in open space and recreational land use . to facilitate a five-phased process including: 1.) Open Space and Land Use Inventory-creation of an inventory of current land uses and assessment of their potential compatibility with open space standards and their potential for redevelopment to open space uses; 2 .) Consensus Building -public , private and agency representation of their desires for the corridor ; 3.) Visioning -development of alternatives and a pro/con analysis of potential open space scenarios along the corridor ; .. 4 .) Preferred Option-refining the potential scenarios and presenting detail on the projected costs (capitol and operating) of the preferred option ; and 5 .) Vision in Motion -presenting strategies for implementation of the plan recommendat ions . Since the South Platte River stretches throughout the entire metro-Denver region , it is essential that other community interests are considered in this plan . To this end , the planning process will bring together a variety of interests . in the form of a steering committee , including Arapahoe County, the City of Sheridan , the City of Littleton , South Suburban Parks and Recreation District , The Greenway Foundation , Corps of Engineers , Urban Drainage and Flood Control District , Trust for Public Lands , local youth groups and other interested parties. Additionally , Arapahoe County has committed their support for this process by approving the use of the City of Englewood Community Development Block Grant funds as matching resources towards this grant application . Notification of the outcome of this appl icat ion w ill be received in February 2001 and the project is expected to be completed six months after notification to proceed . FINANCIAL IMPACT: Total cost of the project is $59 ,000 . Funding from Great Outdoors Colorado is requested in the amount of $34 ,000 , with the balance being provided from CDBG funds in the amount of $25,000 . LIST OF ATTACHMENTS: Proposed Resolution 2 I· 0 • • • RESOLUTION NO . _ SERIES OF 2000 , .. • • -.. 1/i,· A RESOLUTION FOR A TRANSFER A~D APPROPRIATION OF FUNDS FOR THE P URCHASE OF FURNITURE IN THE CIVIC CENTER. WHEREAS, the Englewood City Council approved the City of Englewood's 2000 Budget on November 15, 1999; and WHEREAS , that budget appropriated funds for furniture purchases for the new Civic Center; and WHEREAS, most of the purchases were contemplated a nd budgeted for by the various City departments in the 1999 Budget; and WHEREAS, the appropriations for these expenditures lap se d at the end of 1999 because the Civic Center was not completed and therefore no fund s for furniture were expended ; a nd WHEREAS, the new furniture was needed to meet changes in business practices and aesthetics; and WHEREAS , the passage of this Re sol ution will transfer and appropriate funds necessary for the purchase of the furniture ; NOW , THEREFORE . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT : Section I . The City of En glewood 2000 Budget is hereby amended as follows : GENERAL FUND: Source of Funds : Unreserved/Undesignated Fund Balance $152 ,600 Use of Funds · Transfers Out to Engle woo d Environmental Foundation $152,600 Section 2. The City Manage r and the Director of Financial Services are hereby authorized to make the above ch a nges t o the 2000 Budget of the City of Englewood . ADOPTED AND APPROVED this 5,h of September, 2000 . ATTEST : Thomas J . Burns, Mayor • 0 ) I • 0 • • -. Date September 5 , 2000 Initiated By . . ,• • • -" COUNCIL COMMUNICATION Agenda Item 11 Ci ~ Subject Resolution approv ing a supplemental appropriation to the 2000 Budget for furn iture urchases in the Civic Center Staff Source City of Englewood, Finance and Administrative Frank Gryglewicz , Director Services De artment COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council approved the City of Englewood , 2000 Budget on fin.al reading November 15 , 1999 . RECOMMENDED ACTION Staff recommends the City Council approve the attached resolution making changes to the City of Englewood 2000 Budget. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED A This action if approved, appropriates funds for furniture purchases for the new Civ ic Center in the Capital Projects Fund. Most of the purchase were contemplated and budgeted for by the various City departments in the 1999 budget. The appropriations for these expenditures lapsed at the end of 1999 because the Civic Center was not completed and therefore no funds for furniture were expended . The new furniture was needed to meet changes in business practices and aesthetics . The sources and uses of funds are as follows : CAPITAL PROJECTS FUND Source of Funds: Unreserved/Undesignated Fund Balance Use of Funds: $152 ,600 Transfer Out to Englewood Environment Foundation $152 ,600 FINANCIAL IMPACT This action will reduce the Capital Project Fund 's Unreserved/Undesignated Fund Balance by $152,600 . LIST OF ATTACHMENTS Proposed resolution • ' . ' I· 0 • ]- l, ;f' ..... .. • - ... I, Loucrishia A. Ellis. City Clerk for the Cit y of Englewood, Colorado, hereby certify t he fo r egoing is a true copy of Reso lution No. S eries of 20 00 . Loucrishia A. Ellis ) I • 0 • 32X • • • ,, t.· .. • -.. COUNCIL COMMUNICATION Date Agenda Item Subject Auguat 28, 2000 11 C ii A Motion Appointing a Hearing Officer Initiated By Staff Source Human Resources Sue Eaton , Director of Human Resources RECOMMENDED ACTION The staff recommends the Englewood City Council pass, by motion, the appointment of a hearing officer for a disciplinary appeal filed by Ca rl Carrell . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Per the City of Englewood Administrative Policy Manual, Human Resources Pol icy No. 24 , when a request for a hearing before a Hearing Officer in connection with a disciplinary appeal is filed with the City Clerk, the City Council will appoint a Hearing Officer from the panel appointed to hear the appeal. UST OF ATTACHMENTS Appeal Request Resumes of Potential Hearing Officers . , ... ) I· 0 3 xi • • • • • • ' MEMORANDUM TO: FROM: DATE: Mayor Bums and City Council Members Loucrishia A . Ellis . City Clerk August 21, 2000 .. SUBJECT: DISCIPLINARY APPEAL • Carl Carrell, Plant Operator 1 at Uttleton/Englewood Wastewater Treatment Plant In accordance with the City of Englewood Administrative Policy Manual -Human Resources Policies, Policy No . 24, I am notifying you that I have received a request for a hearing officer to review Carl Carrell's termination of employment. A copy of the request, dated August 18 , 2000 , is attached . cc: Gary Sears. City Manager Djln Brotzman, City Attorney £.Sue Eaton, Director of Human Resources Stu Fonda, Director of Utilities and Wastewater Treatment Plant Jim Tallent, Wastewater Treatment Plant Operations Division Manager Frank Gryglewicz, Director of Finance and Administrative Services Prin ~--led on Recycled ?aper.=-"· I· 0 X Sent By : • • \-. City Clerk City of Englewood • • - 303 369 -302 9 ; Aug -18 -00 4:31PM ; MICHAEL LAWRENCE. LLC. 600 17TH STREET , SUITE 950 SOLrrH DENVER, COLORADO 80202 TEL 303-820-0830 FAX 303-369-3029 2900 S . Platte River Drive Englewood, CO 80110 Augus1 18 , 2000 Pag e 2 Re : Carl Carrell. Plant Operaior I at Littleton/Englewood Wastewater Treatment Plane ; DisciplillMY Appeal and Request for Hearing before a Hc:aring Officer Dear Sir/Madam : 1 am writing os coun:;c:I lor Carl Carrell, hereby to notify you of Mr. Carrell'.; appeal of his August 8, 2000 termination and to request a hearing before a haring officer. 1n doing so , Mr . Carrell is exercising his right of disciplinary appeal and request for hearing as set forth in the C ity of Englewood Administrative Po li cy M1111ual --Hwn1111 Resources Policies , p11ge 31 (attached hereto as Exhibit 1 ). For the past nineteen years. Mr . Carrell has worked for tbe City of Englewood at its Wuu:w~ Tn:atmt=nl Plant. Mr. Carrell has performed his work satisfactorily during that time . but n:cently has had difficulties with attendance as a result of family uoubles (these troub les culminated in Mr . Carrell's divorce this year). NATURE OF rnE DISPUTE On August 8 , 2000, Mr . Carrell was iiiven notice of the termination ot' his employment for a final attendance failure, from July 30, 2000 througii August I, 2000 . (The termination of employment notice is attached hereto as Exhibit 2.) Mr. Can'Cll's final inattendance was necessitated by hi~ am:.<1t and incarceration on drug charges that were dropped five days aiter lhe arrest for lack of evidence. Mr. Carrell explained to his supervisor inunediately after bis incarcetation the reason for his inability to llppear for work . Mr . C.urell 's supervisor, Jim Tallent. Operations Division Manager, told him by telephone it was okay thal he had missed some work because of the mistaken arrest and that he would be able to make up the shifts l11rcr that week . When Mr . Carrell returned to work., however, be was given the ootice of termination instead of being able to make up the shifts. which he was willing 1111d able to do . It is a matter of concern that Mr. Cazrell's iDancDdance due to emotional difficulties and illl c:roncous mest have prompted Mr . C=ll's tc:rmination. It is a matter of grave concern . howe ver. that a fellow wastcWalCr plant employee hu bad similar anendance problems caused by di von:e . but remains a City employee . Mr . Carrell is black; his fellow employee is white. • ) I· 0 Sent By : • • • • t, .. • • 303 369 -3029; Aug-18 -00 4:31PM ; Page 3 /5 lbe Wasaewater TffldZDellt Pl11J1l seems to be one of the last bastions of 1'llci3m. Employees of color are given more meaial tasks to perform than white employees of comparable experience and job levels. Training is less available to employees of color than to white employees. Employees and supervisors tell raci,tjokes. Mr. Candi believes that his recent tcnnination was motivated by race., and not by his inattendaace from Iuly 30 through August 1. 2000 and on prior occasions. Mr. Carrell believes that he can prove this fact by a pn:ponderan1.1: uf evidence ifhc were to file a wronafw discharge suit apinst the City. Mr. C~ll would like merely to be rcimtatcd in bis former position, however, rather than to tile such a suit. Additionally, Mr. Carrell believes that his leave time_ sick days, and vllA:litiun llays were calculated incomcdy, placina him in a position of having no excused absence days when he should have bad cbcm. 1ne incorrect calculation of his excused absence days may have contributed to his cerminatiun too. 11m A TI'EMPTS TH£ EMPLOYF.F. RAST AKEN TO RESOLVE HIS APPEAL Mr. Cmcll has secured counsel to represent him and ben:by n,qut!lils a bearing before a hearing officer to appeal his termination. Mr . Carrell was not given an opportunity on August 8, 2000. when given his notice of tennination. to object to it or appeal from it. REQUESTED REMEDY Mr. Carcll rcspecdwly requests to have his disciplin:iry appeal heard before a hearing officer. Mr. Cmdl aecks immediate rcimtatcmcnt as a Plunt Opcmur T llltd sceks beck pay for the pcricd after his termination (which was efrcctivc Auaust 13, 2000) and until bis rwimtet mezit. Iftbe City reimtates Mr. Cm-ell as requested, with baclc. pay as requested. he will qrec DDt to file lluil apiast the City of EnJlcwood for wrongful termination based on racial discrimination as aicswt of the notice o!temtination given to him on August 8, 2000. Cc : Jim Tallent, Opermiom Division Manager Yours very truly , h ~~! LCJ..IIU\c.~ Michael Lawrence, on behalf of Carl Carrell ) I . 0 Se nt By : e • • -• Seep V- • .. , .. • • 303 369 -3029 ; Aug -18 -00 4:31PM; City of Englewood Admmistrative Policy Manual Human Resources Policies ,, Page 4 /5 Mtrit Appeals-A merit appul mu.st be made in writin1 within live (S ) days of the selection, .utvancemen1, or el:wifiarion decuion And filed with the City Manager or dl!Signce . Within 1en ( 10) days of filing a merit appeal. the City M:inapr or asipn will revi1..-w :and discuss it with the employee 10 informally resolve the ap,=I. If resolved. it will be reduced !O wriiing md signed by tbe ;ippe!!&nt . If the appeal iJ nol n=solved by the City M;ina11=r or desi111"· the employ~. widlin ten ( I 0) do1ys of the C ity Manager or designee ·s decision . may file an ap~I in wri1 m g with the City Clerk requesting a hc:uin; before a H=n1 orr-. The appeal will SQle the following : • Narure of the dispute • Wha1 mempts lbe employee took to resolve 1he appeal • Requested remedy When :i re~uest for a hearing before a Hesring Officer in ccnnec:1cn with a merit appe.il is filed wi1h the City Cli:rlc, the City Clerk will, within five (5) days. notify the City Clluncil . The wty Council will :ippo1n1 a He:innc Officer from the panel appointed 10 he:ar the appe:11 ac=ording to the Appointmcn1 of Hearinc Offic;en procedure described below . Tbe hearing shall be conducted by the Hc:iring Office.-(sec He=nc Procedures). The Hearing Office.-will fil'Sl detemlin• whet."ie: the subjea malter of die appc:a.l is within tlw pennined by Charter 311d these policies (see Slalldards to be :applied by the :Jcaiing Offii;er). Disdpllury Appeals-An employee may cornpwn oou;cn y to a Hemna Officer to rc:vtew ii disciplinary suspension without pay . demotion . or termination . The He:iring Offic:er wdl hc:llr the employee· s disciplinary appeal with respect only to wbetbcr or not the d isc i plinary ;icuon t.lken w15 for cause which relatCS to the performance of du1ies. perional conduct. or any other factor deuimentaJ to the C ity and/or an y oltler JWI .ind rc:isonable c:.use (see Correc:tive :ind Disciplinary Actions : Reasons for Cort1Ct1ve and Disciplinary). The employee. within ten ( 10) worltins d:lys after rece ip1 of the noucc of the d isci plinary o111:tion or of occurrence of the event pvin1 rise co die cornpl.iint. may file a comp lllint in writing with the C:ty Clt!r1t requesting a hearing before a Hc:iring Officer. The ccmpllllnt wi ll state the foil owing: • Nature of lhe diipuie • Wb:11 attempts the employee took to reso lve the ;ippe:i.l • Requested remedy When .i request for a hemn1 before "Hemn1 Officer in connec tion with a disc iplinary appe:ii is filed with 1he City Cieri'-the City Clerlt will. wilhill five (5) days. notify :he C ity Council. The City Council will then appoint a He:iring Officer from the panel _ appoinicd to hear me .ippe:u . Step VI- JudlaaJ Review : The ~rin& Officer's decilion il subject to jud icial review which can be soucJlt by either the employee or the City on 1he ll'Ollnds th:u the findinp of fac : were not supponed by the nic:ord as a whole or lb:11 the He:irin1 Officer failed IO follow !he procedures herein nr acted w ilhout :iuthority as spocifled herein. Paae ll • • • I I • 0 • • • . , .. .. ,."' ... • -.. Sent By: 303 3!19-3029; Aug -1 8-00 4:32PM; Page 5 /5 q~ LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT .awe( 5S eu,oJ Littleton r (_ Englewood _L __ _ ........ C:..-ID1t0 Illa--,.._ • MEMORANDUM TO: FROM: Carl Carrell, Pbnt Operator I _ ,J . Jim Tallent. Operations DiVllion l\,flllqCI' ~ Au11&1t 8, 2000 DATE: SUBJECT: Tcmunation ofEmploymmt On April 9, 1998, you were pl.aced on an attendance improvement proaram reaulting from a Written Reprimand/Letter of Correction Action kl ~ poor work anmdance. You have not attained the attendance aoaJs set in this proc,am . From July 30 , 2000 tbrouch Aupl I, 2000 , you ac.·11m11l1red a total of 24 hours of non-approved Lcavc:-No- Pay. Thil is a violation of your attendance klllplo.emenr propun. Due to your failure co meet rbe reqund pis u outlined in )'Our Attcndanc:c Improvement Pl111 and faih1re 10 maintain acceptable wort aUendancc, you :n Nffllinlted from your employment with the City of Englewood. effective Aupst 13, 2000. You are required IO rerum the rollowin1 items: rr:cg Keys (IJE WWJ'P office and buildina) -J::..t~ U)~' ~ Fuel M..-Prolc= ./ • Cisy identification card ....=ic Gate accc:u card v .:i Cc : ~161c H-llesourccs , . . ' ., ) I . 0 32 • • • e - BENNETT S. AISE.VBEJlG RESUME Law Offices of Bennett S . Aisenbe:g. P.C., Denver, Caiarad.o, 1980-pmcm Pinner, Camic!!, ~. Campbell, Waim 111d Oro,,,er, :Dcm,c, Colorado. 1958 -1980 B.A., Eci:momics, Brown Umversuy, 195:? LLB .• lurvard L.aw School, 1955 U.S. Army, 1955 -1957 P!uident, Brr:wD Uni~ Cub of Calando, 1967 -1970 President, Yarvani Law School AIICICialion ol Colorado, 1984 • 1985 Oezn,cr, Colcndo. Musac.'Jusem, llld American B• Aua::alions CDlorado Bar Foundl.am Aa:c:ricm Trial ~ Aasocierinn Cakndo Trial L.aw,,as Asslr.scon, lcmd Mmlbe:, lffl • 1984, President, 1984 • 1915 Lec:urc:r. Colando Tzial u~ . .1ssmea0ft, 1973. pmsent Trial Law,as Car Public 1usace. Scam Cwrpww (Colcndo) Fouru:liq :Mcmlxr. Public Jusace Foimdadan lntc:mrional Scc-.ety al lr.islll:! C...-iitiation u a CM! TJtaJ AdYoc:lle, ~lmlll Board of Trial AdYoc:acy, 1984 · 1994 Judicial !'lomwan1 Camzmssioll <Denwr> -Gublnwmia! Appcimmem, 1981-1994 Denver Bar Associacion • P:aidcm 1991 • 1992; Truaia, 1982 • 1985, 1987 • 1990; Repnsenwlve ID loud of Governors al Cclondo Bar .'mn:ferim, 1978 • 1980; Owrpenon, ~ Cammiaec, 1975 • 1977; Ciairpman. Tuk Farce ID AWi& Lep1 Synem. 1985 • 1986 Colorado Bar Associarioa -~ lat=ptofcssioul Commiacc, 1971 • 1980; Chairpe!Sen, Alrcnw:ive Ois1'1llleS Resolurion Cornmiac: on Employment, 1979 - 1980: !!dues Commirme. 19M • pmenc; Amicm Cimac Conm:iae, 1991 • 191M lmuuc:tor, Tam, Univc:,iry ofDCll'lc', Sdiool ot'La'lt, 1961 • 1963 lmtnJc".m, Ru! Eaart: Law, Univemcy r:L Calmda Eru:nsion Sc:llcoJ. 1960. 1963 • l\ I· 0 • • -. • •,, • -' RESUMt OF RONALD J. COHEN 2325 West 72nd Avenue Denver, Colorado 80221 (303) 427-7584 Qualifications: Juris Doctor Degree University of Denver June, 1968 Admitted by Colorado Supreme court October, 1968 Admitted by United states District court October, 1968 Admitted by United States Court o! Appeals March, 1971 Admitted by United States Supreme Court March, 1972 General Legal Experience: Staff Attor:i.ey Denver Legal Aid Society -1969 Associate Attorney Berger, Rothstein & Gehler Attorneys at Law commerce City, co -1970-1972 Partner Gehler & Cohen Attorneys at Law commerce City, co -1972-1982 sole Practitioner Ronald Cohen, Attorney at Law Denver, co -1982 to present Municipal and Governmental Legal Ezperience: Assistant county Attorney Adams county, co -1970-1972 I· 0 J- • • • . ··~. .. . • • ' Assistant City Attorney and Prosecuting Attorney commerce City, co -1970-1982 Prosecuting Attorney Northglenn, co -1970-1972 Assistant City Attorney and Prosecuting Attorney Brighton, co -1972-1982 City Attorney Lafayette, CO 1975-1990 Legal Advisor career Service Commission Commerce City, co 1982 to present Bearing Officer career Service Commerce City, CO 1992 to present Judicial Ezperience: Presiding Judge Nor':hglenn, co -1982 to present Presiding Judge Federal Heights, co -1982-1990 Presiding Judge commerce City, co -1987 to present Administrative Law Judge Adams county, co -1988 to 1994 Bearings: Rate: $100 per hour ~ I· 0 3 xi J- • • • RESOLUTION N0.1..!_ SERIES OF 2000 . " • • - .. .. A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE CITY ATTORNEY . WHEREAS, the City Council, by Section 64 of the Englewood Home Rule Charter, has the responsibility of appointing and establishing compensation of the City Attorney; and WHEREAS , after discussion and agreement with the City Attorney the City Council has determined to increase the salary of the City Attorney; WHEREAS, the City Council will review the City Attorney salary again in six months after receiving a report evaluating cities total compensation for City Attorneys; NOW, THEREFORE . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT: Sectjon 1. The annual salary for the City Attorney is here by established at $107 ,000 commencing November 1, 2000. ADOPTED AND APPROVED this 5•h day of September, 2000. Thomas J . Bums, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I. Loucrishia A. Ellis . City Clerk for the City of Englewood. Colorado , hereby certify the above is a true copy of Resolution No . ___ , Series of 2000 . Loucrishia A. Ellis 12 bi ) I • 0 I J • • • RESOLUTION NO .$)-- SERIES OF 2000 t•. ,,,• • .. • -' A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE CITY MANAGER . WHEREAS, the City Council. by Section 49 of the Englewood Home Rule Charter, has the responsibility of appointing and establishing compensation of the City Manager: and WHEREAS , after discussion and agreement with the City Manager the City Council has determined to increase the salary of the City Manager; and WHEREAS . the City Council will review the City Manager salary again in six months after receiving a report evaluating cities total compensation for City Managers ; NOW, THEREFORE . BE IT RESOLVED BY THE CITY COU!>iC IL OF THE CITY OF ENGLEWOOD. COLORADO . THAT : Section 1. The annual s alary for the City Manager is hereby established at $110 ,000 . commencing November l , 2000 . ADOPTED AND APPROVED this 5,b day of September, 2000. Thomas J . Bums, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis , City Clerk for the City of Englewood , Colorado, hereby certify the a bove is a true copy of Resolution No._, Series of 2000. Loucrishia A. Ellis •• . 12 b ii ) I • 0 - • • • RESOLUTION NO.~ SERIES OF 2000 .. • • - A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE MUNICIPAL JUDGE. .. WHEREAS, the City Council, by Section 68 of the Englewood Home Rule Charter, has the responsibility of establishing the salary for the Municipal Judge ; and WHEREAS, after discussion and agreement with the Municipal Court Judge the City Council has determined to increase the salary of the Municipal Court Judge ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT: Section 1. The annual sala ry for the Municipal Court Judge is hereby established at $95 ,000, commencing November l, 2000 . ADOPTED AND APPROVED this 5th day of September, 2000 . Thomas J. Burns. Mayor .\TTEST: Loucriahia A. Ellis, City Clerk J, 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 ' 12 b iii I • 0 X • • 1. 2. 3. 4 . Call to order. Invocation . ~ • .. , ... • -.. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL TUESDAY, SEPTEMBER 5 , 2000 7:30 P.M. Englewood Civic Center 1000 Englewood Parkway Englewood , CO 80110 Pledge of Allegiance . ~ RollCall . ~ ~ 5 . Minutes . .. ~ V Minutes from the meeting of Regular City Council Meeting of August 21 , 2000. Y,;. Sch,d"'?''°"· tl'I~" limit Y""' p,=otatloo to teo ml"""'·' 7. Unscheduled Visitors . (Please limit your prese ntation to five minutes.) ~ 8 . Communications, Proclamations , and Appointments . a. A proclamation declaring the week of September 17-23, 2000 as Yellow Ribbon Youth Suicide Awareness and Pre ve ntion Week . 9 . Publi c Hearing . 11 ,./11 a. A public hearing to gather input on Council Bill No. 68, amending the En glewood f.P""" Town ~nned Unit Development Sign Standards . ~-~~-----------. PINN note: If you have a dlaablllty and need auxiliary aids or services, please notify the City of Englewood (303-782-2405) at INat 48 hours in advance of when HrVlces are needed. Thank you. -. ' ,· ' ) I • 0 • • 'Englewood City Council Agenda September 5, 2000 Page 2 10. ' . .. .. a. Approval of Ordinances on Fir st Readin g. i . • • -.. COUNCIL Bill NO. 72 -Reco mm e ndati o n fro m th e Department of Parks and Recreation to adopt a bill for an ordinance authorizing an Intergovernmental Agreement with the Regional Transportation District for the Big Dry Creek Trail. M STAFF SOURCE: Jerrell Black, Direc•or of Parks and Recreation. ¥~ V>;J· ii-:~{,, A 1 .pproval of Ordinances on Second Reading. lftrU' T Council Bill No. 61 , amendin g th e Englew ood Comprehensive Plan to include a {pr O Regional Plan Element. - ~f01 ii . ,.l/j, iii Council Bill No . 70 , authorizing the CityCent er Englewood Common Area Maintenan ce Agreement between the Engl ewood Environmental Fo undati o n, Inc., the Regional Transportation District , and th e City of En glewood. Council Bill No. 71 , authorizing a Grant of Co n tru cti on Ea seme nt and Li ce ns e Agreement for the City Ditch to Jame s Q. Newton Tr u,i. Ji'~ Resolutions and Motions. ~ ) ,,.~· Recommendation from the Human Resource s Department to adopt a resolution · ';;T) approving the Cost of living Adjustments for 20 01 . STAFF SOURCE: Sue Eaton, 7}J Director of Human Resources. ..f4 ~-1i Recommendation from the Community Developm ent Departm ent to dd o pt a -1/IJJ1 resolution approving the application for a Grea t Outdoo rs Co lo rad o Planning ~ Grant to assist in funding an Open Space Plan for the South Pl att e Ri ver/Santa Fe Corridor. STAFF SOURCE: Lauri Dannemiller, Planning Analv st. 11 . Regular Agenda. a. Approval of Ordinances on First Reading . b . Approval of Ordinances on Second Rea ding. c. Re solutions and Motions . Recommendation from the Department of Finance and Admini to adopt a resolution approving a supplemental appropriation to t 000 Budget for furniture purchases in the Civic Center. STAFF SOU CE: Frank Gryglewicz, Director of Finance and Administrative Services. Pleau note: H you have a dlublllty and need auxiliary alda or services, pleau notify the City of Englewood (303-762-2405) at least 48 hours in advance of when urvlcu are needed. Thank you . • • .., . . I • 0 • • Englewood City Council Agenda September 5, 2000 Page3 • ,.,. ~ I•. .. • .. • -~ ~~ ~ Recommendation from the Human Resources Department to approve, by motion, the appointment of a hearing officer for a disciplinary appeal filed by Carl Carrell. STAFF SOURCE: Sue Eaton, Director of Human Resources. 12 . General Discussion . a. Mayor's Choice . b. Council Members' Choice. o~ o~f~( fo'D 11 ,,._i~ i . A resolution establishing the annual salary for the City Attorney. A resolution establishing the annual salary for the City Manager . 0~ ~)~ ii . "' o v· 7.J-' iii . A resolution establishing the annual salary for the Municipal Co urt Judge . ~ 13 . City Manager 's Report . 0~UJ· . d; 3;,6~/&.,.,;.P_~ ~ - x~ E()ftfl'X) i ro -o a. CityCenter Englewood Update . 14. City Attorney's Report . Adjournment. 2 .' q. /J The following minutes were transmitted to City Council between August 18 and 31, 2000: • Englewood Police Pension Board meeting of March 27, 2000 • Englewood Police Pension Board telephone poll of May 25. 2000 • Englewood Cultural Arts Commission meeting of Jul y 5, 2000 • Keep Englewood Beautiful meeting of July 11 , 2000 • Englewood Board of Adjustment and Appeals meeting of July 12 , 2000 • Englewood Firefighters Pension Board meeting of July 13 , 2000 • Englewood Cultural Arts Commission notice of ca nce llation of the August 2, 2000 meeting • Englewood Planning and Zoning Commission meeting of August 8 , 2000 PleaM note: If you have a dlublllty and need auxlllary aids or Mrvlces, pleaM notify the City of Englewood (303-762-2405) at leaat 48 hours In advance of when aervlcea are needed. Thank you . • • I • 0 J • • ,,_.. . Englewood City Council Agenda September 5, 2000 Page 2 $~f1 QQ 1oci Consent Agenda . ~, r 10. a. Approval of Ordinances on Fi r t Reading . i . • • - COUNCIL BILL NO . 72 -R ommenda t ion 1ro m the Departm ent of Park s and Rec reat ion to adopt a bill I r an rdina n e dutho rizi ng an Intergove rnm ental Agree ment with th R ;:1 nal Tran port at 1o n Di tr ict fo r th e Bi g D ry Cree k Trail. (M STAFF SOURCE: fftfffl Ii.ck, Dil't'C'or of Parks and Recreation . ¥~ ~ rJ· lk" :~(,, ~I. pp rova l of O rd i nan e on ond Read in g. ,rU' T Co un i i Bi ll o . 61. amendi ng th e Englewood Comprehensive Pl an to i ncl ud e a {t;,r O Regio nal Pl an El ement . - ~f <o1 i i . ,J~I} iii Co un cil Bi ll No. 70, auth o riz in g th e Ci ty Cent er En glew ood Commo n A rea Mai ntenan e Agree ment betwee n th e En glewood En v ironm ental Fo und at io n, In c ., th e Reg io nal Transp o rt ati o n Di stri ct, and th e C ity of En glew ood . Co un c il Bill No. 7 1, authorizin g a Grant of Co nstruct ion Ease ment and Lice nse Ag ree ment for the City D itch to Jam es Q . N ewto n Tru st. . Recommendation from th e Human Re source s Department to ad o pt a resolution ~ Resolution s and Motions . ~ ) 'r,f'l approving the Cost of Living Adjustments for 2 001 . STAFF SOURCE: Sue Eaton , 7JJ Director of Human Resources . ~ ,f~ ~· I~ Recommendation from th e Community Deve lo pment Departm ent to ad o pt a resolution approving the appli cation for a Grea t Outdoo rs Co lo rad o Plannin g Grant to assist in funding an Open Space Plan for the South Pl atte Ri ver/Santa Fe Corridor. STAFF SOURCE: Lauri Dannemiller, Planning Anal ys t. 11 . Reg ular Age nda . a. Approva l of Ordinan ces o n First Rea din g . b . Approval of Ordinances on Second Readin g. c. Res olution s and Motion s. Rec ommendation from th e Department of Finan ce and Admini to ad opt a resolution approvin g a suppl emental appropriatio n to t 000 Bud ge t for furniture purchases in the Ci v ic Center. STAFF SOU CE: Frank Gryglewicz, Director of Finance and Administrative Services. PINN note: If you have • dlublllty and need auxiliary aids or aervlcH, pl•••• notify the City of Englewood (303-762·2405) at least 48 hours In advance of when HrVlcea are needed. Thank you . • I • 0 2 0 0 . - • • I . 0 l ...-. •