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Home My WebLink About1999-04-12 (Special) Meeting Agenda-• • • SPECIAL CITY COUNCIL MEETING APRIL 12, 1999 Ordinance# 20, 21, 22 Resolution# 48, 49, 50, 51 • • . . .. 0 •· • 0 I X -• . ,~ • <. AGENDA FOR THE SPECIAL MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY , APRIL 12, 1999 7 :00 P .M. 1 . Call to order. 17: IJ 'f)-tt1 2 . 3 . 4. Invocation . A)~ Pledge of Allegiance . ~ RollCall. 1~ 5 . Public Hearing . (None scheduled) 6 . Regular Agenda . a . Approval of Ordinances on First Reading . ~ tJ!; Recommendation from the Department of Neighbofhood and Business Development to adopt a bill for an emergency ordinance authorizing the vacation of a right.of-way along the 500-800 blocks 1 W~ ~ Avenue. STAFF SOURCE: Harold Slltt, Senior Planner.~ b . Approval of Ordinances on Second Reading . c . Resolutions and Motions . 7 . General Discussion . a . Mayor's Choice b . Council Member's Choice 8 . City Manager's Report. 9. City Attomey's Report. ......_-111111111a....-C111u .. ...,.... ...... .. .. LIIIIOII~·.·; I 111 T....._.. ..... ,_ .. _. a . Motion regarding CIRSA Settlement . ..................... 1 .... 4fl ............ llld ... ....,.... .................. .,.__.. .... _~ . ........................ 1~ Adjournment. ? : ¢0 p,,r> PINN nola: I you haw a dlubllly and nwl ..-Y alda or wvlDN, ....... nally .. ca, al •sz1 DCN11 (10S-1'12-240I) al ..... 41 houra In ......... WMl'I ................ ,....,... .. •· • 0 '· ') I - • • March 4, 1999 Gary Sears City Manager City of Englewood 3400 S . Elati Street Englewood, CO 80i iO Andrew :Vlc~inimee City Manager City of Littleton 7255 W . Berry Avenue Littleton . CO 80165 • • • ~ "'''' ,~.,.., , . COLORADO INTERGOVERIIIIENTAL RISI SHARING AGENCY Tlmatlly A. GrNr , EnadlWI Ollldllr Re : Littleton-Englewood Wastewater Treatment Plant Media Failure Dear Gary and Andy : 9a The purpose of th.ls letter is to set forth, in principle, the terms and conditions under which the t.:nderwnters of the 199 Northfield-Lloyds All Lines Aggregate Policy have agreed to make payment to the Cities for the above-referenced loss . CIRSA has had extensive discussions on this matter with the Underwriters since AugusL 1998. when I met with you . As a result of those discussions, the Under,vriters have agreed that, in accordance with the 199 7 ALA polic., payment will be made for the smallest of: (1) the cost to repair; (:) the cost to rebuild or replace, all as of the date.ofloss, on the same site, with new materials of like size. kind and quality ; or (3) the actual expenditure incurred in rebuilding, repairing or replacing on the same or another site . On January 7, 1999 , we received from the Cities' counsel a summary sheet of costs incurred through November, 1998 . On February 2 , 1999, we transmitted to the Cities' counsel the Underwriters · request for additional back-up documentation on those costs ; howev~. to date, we have received some back-up materials concerning the services of Brown & Caldwell. but not pertaining to the expenses for legal and expert wimess fees . Based on the documentation received, the Underwriters advise as follows : 1) The amount of S490,000 will be paid for the replacement media filter materials purchased from Brentwood Industries, Inc., in accordance with Englewood Purchase Order No . 700644 . 9SO South Chury Strttt. Suite 800, Denver, Colorado 802-16 (303)7 57-5~75 (800)228-il36 Fu (303)7 57-8950 http://www .d~.org ... • ... - • . .i •· • 0 - • • . (~ • <. LfULIIONtlNGLQ'.QOQ WASDWAJ'IB TRJAIMINT PY.NT ROOGJQNG nijg CQLL\PSI COST SJ7MMARY TRRQUGR NQYQIIIB lfll CENTIUC JONES (c:oauactor) $240,425 .60 BRENTWOOD (repiacemeat media mpptier) $490,000 .00 BllOWN cl CALDWEU. (eaaineer) $148,725 .02 Hll.L cl lloBIIINS (1epl) $116,679.44 GRIMSHAW cl HARllING (1epl) s 7,816.70 ENGINEERING EXPERTS $103,095 .95 ESCROW FEE s 1,250.00 TOTAL St,107,992.60 •, .. • • 0 1 32 x l - • • Ga,y 5.!ars Andrew McMinimee Man:h4, IY99 'Page2 • • - 2) The amou.nt ofS240.42S .60 will he paid for the services ofCcmric Jones, the Contractor; we undcr$Wld this is the amount paiJ the Contr.actor for the repl.:entent. 3) The amount ofS40,000 will he paid for the services of Brown & Caldwell, the Engineer . Exhibits A and BIO the consulting services apecffltfflt indicate that only Task 2 pi..'rbins entirely to media repliltffllCllt; $40,000 is the cost cciq shown for !hat wk. 4) Englewood'li cic:ductible of SS0,000 will be charged apil'.!t the total ur the amoi.nts idcnriAeJ in Pangraphs I, 2, 111d 3 above. S) Other than as identified in .Panit,aph 3 above, the coat of engioccriu.: _.vices, md of lcpl 11J1d enaiaeering expens. arc not pan of the documented cost of ttpairin& rebuilding. or n:placing the mecba. md thus will be disallowed II th111 time. We mticipate that the UndetWritcrs will exercise their suhroplion rights under the A I .A policy. in the event of any recovery. we .mlicipare that llu.-x undocwnmted costs will be revisited aad furthc diSC11ucd 11111.u time . Ple.ase give mit a call 10 let me know whether you have any concerns abuut paymenl ofcbc kl~ pursW111t 10 the fon:guin¥ lfflns and conditions; u soon as I he.ir &om you, l will cont..ct the Undcrwnters so that we can move forward. Sincerely, Atta:bmcut cc : Mien:! V~-Fowlcr, AMS Cindy Wbitcacr, Nonhfield haur.ance (.'o . Kffl Brmdle. Nonhland l111unncc Co . Dave Rak.ii, PENCo • • .;· •· • 0 - • Date April 12, 1999 Initiated By • 0 t• - COUNCIL COMMUNICATION Agenda Item 6 a i Staff Source ;~ Subject Vacation of Right-of- Way in the 500-800 blocks of West Floyd Avenue Englewood Environmental Foundation Harold J. Stitt, Senior Planner COUNCIL GOAL AND PREVIOUS COUNCIL ACTION No previous Council action . PREVIOUS PLANNING COMMISSION ACTION The Planning Commission considered the proposed West Floyd Avenue vacation on April 6, 1999 with a recommendation for Council approval. RECOMMENDED ACTION That a portion of West Floyd Avenue between South Elati Street and South Huron Street be vacated , provided that a general utility easement shall be retained which reflects the original right-of-way. BACKGROUND, ANALYSIS, AND ALTERNAT1VES IDENTIFIED This vacation request involves the south 66 feet of the West Floyd Avenue right-of-way between South Elati Street and South Huron Street. This section of West Floyd Avenue has a total right-of-way width of 96 feet. The request will place this portion of the vacated right-of-way under the control of the Englewood Environmental Foundation . The vacation is necessary for the implementation of the Englewood Town Center Planned Unit Development (now known as CityCenter Englewood.) A portion of the vacated right-of-way will be developed as the CityCenter roadway system and will be under the maintenance control of the Foundation . The roadway will still be known as West Floyd Avenue. The remaining northern portion of the right-of-way will be rebuilt as the access street for the residential neighborhood to the north . Vacation of this portion of West Floyd Avenue will not impact the transportation grid of Englewood . FINANCIAL IMPACT There is no direct cost associated with the vacation of this right-of-way. The right-of-way is necessary to implement the Englewood Town Center (CityCenter) Planned Unit Development. UST OF ATTACHMENTS Proposed Bill for Ordinance Staff Report for Case #VAC-99-01 • ...... • . .. •· • C - • To: Thru: From: Date: Subject: • • , . • 11 E }I O R l \ D r 11 Planning and Zoning Commission Robert Simpson, Director of Neighborhood and Business Development Harold J . Stitt, Planning Community Coordinator March 30, 1999 Right-of-Way Vacation Request Case# V AC 99-01 "' - Vacation of Right-of-Way along the 500-800 blocks of West F1oyd Avenue APPLICANT: Englewood Environmental Foundation 3400 South Elati Street Englewood. CO 80110 LOCATION OF PROPOSED VACATION: The south 66 feet of the 500-800 blocks of West Floyd Avenue right-of-way. RECOMMENDATION: The Department of Neighborhood and Business Development recommends that the requested right-of-way vacation be approved with the following conditions: 1. A general utility easement shall be retained for the entire vacated portion of right-of-way. BACKGROUND AND ANALYSIS : This vacation request involves the south 66 feet of the West Floyd Avenue right-of-way between South Elati Street and South Huron Street. This section of West Floyd Avenue has a total right- of-way width of96 feet. The request will place this portion of the vacated right-of-way under the control of the Englewood Environmental Foundation. The vacation is necessary for the implementation of the Englewood Town Center Planned Unit Development (now known as CityCenter Englewood.) A portion of the vacated right-of-way will be developed as the CityCenter roadway system and will be under the maintenance control of the Foundation. The roadway will still be known as West Floyd Avenue. The PUD Design Standards and Guidelines specify a Type 5 road for this section of West Floyd Avenue (see attached PUD Roadway Type Plan and Roadway Type 5 Detail Sheet.) The remaining northern portion of the right-of-way will be rebuild as the access street for the residenual neighborhood to the north. Vacation of this portion of West Floyd Avenue will not impact the transportation grid of Englewood . ZONE DISTRICT: Englewood Town Center PlaMed Unit Development . • • . •· • , - • Case #VAC 99-01 Right-of-Way vacation · ... . . • • • "' - t• page2 RELATION TO COMPREHENSIVE PLAN: The 1979 Comprehensive Plan designates this area as a commercial area. The Master Street Plan indicates that West Aoyd Avenue is a minor collector strcct.. PROCEDURE: The City Planning and Zoning Commission's recommendation will be referred to the City Council for final action on the requested vacation. DEPARTMENT AND AGENCY REVIEW: Public Works Department -Engineering Division -An casement over the vacated portion of ROW must be retained for any existing and future utilities. Utilities Department -A general utility casement shall be retained which covers the vacated portion of right-of-way . F:\OEP1',NBOOROUPIBOAllDSIPI.ANCOMMAFF REl'ORTS 91\VAC-99-01 .DOC .. •· • 0 , - - • R O:\O TYPE - PROFILE PLA..'J SPEED ll.\llT STREET L1GHTING STREET L'\NDSCAPE PAVING • • ·, • '· .. I E n g e W O O d T o w n Center TYPES (LOOKING WEST) / 10/4,I.SPH.m-m. ! ...J.1:==1:::-----1_cO!',;CllElc PUJl.'TING .-\!EA MASO~llY WAll- SIDE\VAU( 6'Q' HIGH SnEET UGlffl· 10' POU lJGlffl a Ill!' O.C. • n1' IIOTJI SmES -ST AGGEIEI) U. YOl "T AaOU SnEET • TYP£ a PEDESnlA.'I SII>ET.'-1.K UGlffl, NONE 90U..UO UGHTS, NONE SnEET TUES. •• )GN. CA1JPD DEES a 10' O.C. · nl'. IIOTJI SIDES · SEE MAST1!l Pl.AN og.'IAMEl','TAI. NONE snEET, ASPl!AJ..T C&OUWAlX. COLOIED CONC&ETE SIDEWA1X. CONOEn CUUS/Gl1TJPS; CONa£ff ~ASPl!AJ..T Attachment Number I: lloadType ... __.,.,11) • . .. I· • 0 '32 x l • ,,, _ . ' - • "-I .. " in • 11.) ~~ .a 1 E,. :,I- .µ ~ z" _g C II: • C: E s:. u • 11.) = < u C: "' C. ~ ;.. I-0 Q ~ 0 "' '"O 0 0 ~ 11.) - bl) C: • ~ I I • • • 0 • f - • ORDINANCE NO . SERIES OF 1999 • • • ,. BY AUTHORITY A BILL FOR • • COUNCIL BILL NO. 26 INTRODU.lf 8J;l!.UNCIL MEMBER 4 ~AIU AN EMERGENCY ORDINANCE AUTHORIZING THE VACATION OF RIGHT-OF- W A Y ALONG THE 500-800 BLOCKS OF WEST FLOYD A VENUE BY THE CITY OF ENGLEWOOD, COLORADO. WHEREAS , the City of Englewood received a request for vacation of the South 66 feet of the 500-800 blocks of West Floyd Avenue Right-Of-Way from the Englewood Environmental Foundation; and WHEREAS , this vacation request involves the south 66 feet of the West Floyd Avenue Right-Of-Way between the South Elati Street and South Huron Street; and; and WHEREAS , this section of West Floyd Avenue has a total Right-Of-Way width of 96 feet ; and WHEREAS, the request will place this portion of the vacated Right-Of-Way under the control of the Englewood Environmental Foundation; and WHEREAS , the vacation is DeCell88J'Y for the implementation of the Englewood Town Center Planned Unit Development; and WHEREAS a portion of the vacated Right-Of-Way will be developed as part of the roadway system and will be under the maintenance control of the EEF; and WHEREAS , the roadway will still be known as West Floyd Avenue ; and WHEREAS , the PUD Design Standards and Guidelines specify a Type 5 road for this section of West Floyd Avenue; and WHEREAS , the remaining northern portion of the Right-Of-Way will be rebuilt as the acceBB street for the residential neighborhood to the north ; and WHEREAS, the vacation of this portion of West Floyd Avenue will not impact the transportation grid of Englewood ; and WHEREAS , the 1979 Comprehensive Plan designates this area as a commercial area ; and WHEREAS , the Master Street Plan indicates that West Floyd Avenue i1 a minor collector street; and WHEREAS , the Englewood Public Work.a Department ha1 reviewed the requeated Right-Of-Way vacation and recommends that an easement over the vacated portion of Right-Of-Way must be retained for any existing and future utilitiea; and -1- • • .. ., •· • 0 , 2 -• • - WHEREAS , the Englewood Utilities Department, has reviewed the requested Right-Of-Way vacation and recommends a general utility easement shall be retained which covers the vacated portion of Right-Of-Way ; and WHEREAS, the City of Englewood's Neighborhood and Business Development has reviewed the requested Right-Of-Way vacation and recommends it be approved with the following condition: 1. A general utility easement shall be retained for the entire vacated portion of Right-Of-Way. WHEREAS, the Englewood Planning and Zoning Commission reviewed the vacation of Right-Of-Way along the 500-800 blocks of West Floyd Avenue at their April 6 , 1999 meeting and recommended approval by the City Council with the conditiona lilted above ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sectjon J. The Vacation of Right-Of-Way along the 500-800 blocks of West Floyd Avenue is hereby approved by the Englewood City Council with the following condition: 1 . A general utility easement shall be retained for the entire vacated portion of Right-Of-Way . Sectjon 2 . Should the vacation of the Right-Of-Way not be ratified and approved aa an emergency the City of Enclewood would be penalized as a reeult of loaa of eales tax revenue, accruing to it. AccordinclY, the City Council 6nda and determines that an emergency exists and that puaap of the within Bill for Ordinance is neceaaary for the immediate preservation of public property, health, peace and safety, and said Bill for Ordinance shall be effective upon publication following final paaaage . Introduced, read in full , and paased on first reading as an emergency ordinance on the 12th day of April , 1999. Published as a Emergency Bill for an Ordinance on the 16th day of April, 1999. Thomas J . Burns, Mayor ATTEST: Loucris hia A. Ellis, City Clerk -2- . . .. .. • • 0 - - • • • '· I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy of an Emergency Bill for an Ordinance, introduced, read in full, and plllllled on first reading on the 12th day of April, 1999. Loucrishia A. Ellis -3- . , • ... .. • • 0 - • , • • (• • CALL OF SPECIAL MEETING AND NOTICE OF SPECIAL MEETING ,. ~ I, Thomas J. Bums, Mayor of the City of Englewood, Colorado, hereby call a Special Meeting of the Englewood City Council at the Englewood City Hall Council Chambers to be held on Monday, April 12, 1999, at 7 :00 p.m. to address the attached agenda . Thomas J. Bums, Mayor ACKNOWLEDGMENT OF RECEIPT OF NOTICE The following persons, all Council Members of the City of Englewood, do hereby acknowledge receipt of notice of the above special session. ' I • .. • • 0 1 32 x l • - 0 : • • I • • • · ,,;-, n . . . I. . C •, • • ,._----- 0 • ---- ------ --- -- t~ ----~P11~ ~- --- ----- ~Ii~-~~ ~~--~~--w-! cl~ :: i)vn-/tu, -I/fl ~~ ~-t~~'i°J~ ~-~~/~ D,.,--:7"'/·rl/ ~~'~ I /-4 ~ 6FJfJii7!'_,,._j 'O ~ 'I :i/{) .Mf· ~ -=-= 0 ' • • ORDINANCE NO . SERIES OF 1999 • 0 BY AUTHORITY COUNCIL BILL NO . 26 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN EMERGENCY ORDINANCE AUTHORIZING THE VACATION OF RIGHT-OF- W A Y ALONG THE 500-800 BLOCKS OF WEST FLOYD A VENUE BY THE CITY OF ENGLEWOOD , COLORADO . WHEREAS, the City of Englewood received a request for vacation of the South 66 feet of the 500-800 blocks of We s t Floyd Avenue Right-Of-Way from the Englewood Environmental Foundation ; and WHEREAS , this vacation request involves the south 66 feet of the West Floyd Avenue Right-Of-Way between the South Elati Street and South Huron Street; and ; and WHEREAS, this section of West Floyd Avenue has a total Right-Of-Way width of 96 feet ; and WHEREAS, the request will place this portion of the vacated Right-Of-Way under the control of the Englewood Environmental Foundation; and WHEREAS , the vacation is necessary for the implementation of the Englewood Town Center Planned Unit Development; and WHEREAS a portion of the vacated Right-Of-Way will be developed as part of the roadway system and will be under t he maintenance control of the EEF; and WHEREAS, the roadway will still be known as West Floyd Avenue ; and WHEREAS , the PUD Design Standards and Guidelines specify a Type 5 road for this section of West Floyd Avenue ; and WHEREAS, the remaining northern portion of the Right-Of-Way will be rebuilt as the access street for the residential neighborhood to the north; and WHEREAS, the vacation of this portion of West Floyd Avenue will not impact·the transportation grid of Englewood ; and WHEREAS, the 1979 Comprehensive Plan designates this area as a commercial area ; and WHEREAS , the Master Street Plan indicates that West Floyd Avenue is a minor collector street; a nd WHEREAS, the Englewood Public Works Department has reviewed the requested Right-Of-Way vacation and recommends that an easement over the vacated portion of Right-Of-Way must be retained for any existing and future utilities; and .. ..... • • ' •· • 0 , - • • • (• • WHEREAS, the Englewood Utilities Department, has reviewed the requested Right-Of-Way vacation and recommends a general utility easement shall be retained which covers the vacated portion of Right-Of-Way ; and WHEREAS, the City of Englewood's Neighborhood and Business Development has reviewed the requested Right-Of-Way vacation and recommends it be approved with the following condition: 1 . A general utility easement shall be retained for the entire vacated portion of Right-Of-Way . WHEREAS, the Englewood Planning and Zoning Commission reviewed the vacation of Right-Of-Way along the 500-800 blocks of West Floyd Avenue at their April 6 , 1999 meeting and recommended approval by the City Council with the conditions listed above; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: $ect,jop 1. The Vacation of Right-Of-Way along the 500-800 blocks of West Floyd Avenue is hereby approved by the Englewood City Council with the following condition: 1 . A general utility easement shall be retained for the entire vacated portion of Right-Of-Way . Section 2. Should the vacation of the Right-Of-Way not be ratified and approved as an emergency the City of Englewood would be penalu.ed as a result of 1088 of sales tax revenues accruing to it. Accordingly , the City Council finds and determines that an emergency exists and that paaaage of thia Bill for Ordinance ia neceuary Cor the immediate preservation of public property, health, peace and safety, and said Bill for Ordinance shall be effective immediately upon final paaaage . Introduced, read in full, and pasaed on ti.rat readinc aa an emergency ordinance on the 12th day of April, 1999. Published aa a Emergency Bill for an Ordinance on the 16th day of April, 1999. Read by title and passed on final reading aa an Emergency Ordinance on the 19th day of April , 1999. The above and foregoing is a true copy of the Emergency Ordinance paaaed on final reading and -2- .,,_ . ( • . .. •· • 0 '32xl - • • • t• ·, • Published in full as Emergency Ordinance No . ~ Series of 1999, on the 23rd day of April , 1999. Thomas J . Burns, Mayor A'M'EST : Loucriahia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing ia a true copy of the Emergency Ordinance puaed on final reading and published in full as Emergency Ordinance No. _, Series of 1999. Loucrishia A. Ellis -3- "'~ • .. •· • 0 '32xl -• • . • ' .. AGENDA FOR THE SPECIAL MEETING OF t~ THE ENGLEWOOD CITY COUNCIL MONDAY, APRIL 12, 1999 1. 2. 3. 7:00 P .M. ca11 to order . 'l:1Jp,,r7 Invocation. J.)~ Pledge of Allegiance. ~ 4. RollCall . 1~ 5. Public Hearing. (None scheduled) 6. Regular Agenda . a. Approval of Ordinances on First Reading. i. Recommendation from the Department of NeigN>orhood and Business .l .-JI _ Development to adopt a biU for an emergency ordinance authorizing the 1,0 cJ!"y:, vacation of a right.of-way along the 500-800 blocks 1 West~ Avenue. STAFF SOURCE: Harold Slltt, Senior.....__~ b. Approval of Ordinances on Second Reading. c . Resolutions and Motions. 7. General Discussion. a. Mayor's Choice b . Council Member's Choice 8. City Manager's Report. 9. City Attorney's Report . a . Motion regarding CIRSA Settlement. Adjoumment. '/: t/-O p-rn ,,, ~ ,..._ nola: If yo11 haw• dlublllly and IINd audlary alda or wvloN, plNN nalfr .. Cly ol l1tfllsaoad (10l-l'U-240I} at INet 41 lloura In adwanoe ol .... ..,._ .. needed. T"-* ,au. • .i • • 0 • • 0 I• • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Special SePioB April ll. 1999 l. Call to Onkr The special meeting of the EnglewOOd City Council was called to order by Mayor Bums at 7:12 p.m. 2. lnvocatioll The invocation was given by Council Member Nabholz. l. PledF of Allqiall(e The Pledge of Allegiance was led by Mayor Bums. 4. Roll Call Present : Absent : A quorum was present. Council Members Nabholz, Qrazulis, Garrdt. Bradshaw , Hlbcllic"'-Waggoner, Bums None Also Prcscnt: City Manager Scars City AttomCY Brottman DcpUl)' City Clerk Castle Senior PllnnCl' Stitt !lo. P•ltlic: HeariaC There was no Public Hearing scllcdulcd bdon: Council . 6. aec-tarA~ ,,, - (a) Approval of ()nliallloeS on Finl Reading (i) A n:,coaunendllio from the DcparttllCl1I ofNcighbomood and Busi-~ to adopt a bill for an emergency ordil9ICIC uhoriring the vacation of a right-of-way along the 500-800 blocb of West Floyd A ,·enue \\'35 considcffd. Senior PlannCJ Stitt advised that the vacation is nccc&S8l'Y to implcmelll the Englewood town ccmcr PlanDed Unit Dc\'ClopmCnt. A portion of the righl-of-way that is to be vacau,d. he said. will be included in the land tnna:tion for the Wal-Man development, and the ba)ancc of the vaca&cd righl.of-way will remain as strccl. bu1 will be under the a,otrOI of the Englewood EnwonmenW foundation, as will lllOlt of the streets within the dcVdoPfflClll iudf. TIie portion that will be vacated to the Englewood EIMf'OIIIIICIUI Foundllion. he advised , \\ill be the IDUlh sixty.ax fed of tbe ninety-six fed of right.of-way of West Aoyd Avenue in the S00- 800 blocks of West Floyd A.vet*. '111c n,a11111 for this is to provide for conll'OI of the right.of-way by the Foundation and to provide for ground thal will be included in the Wal-Man uansaction. . -• ' .. I· • ' - Englewood City Council Special Meeting April 12, 1999 Page 2 • 0 - Mayor Bums said he Wldersaands that, essentially, this is pan of the right-of-way of Floyd Avenue, but ii isn't pan of the travel portion that wc have now. Mr. Still said, n:calling the right-of-way for West Floyd Avenue. that the ninety-six feet includes two westbound lanes, two easlbound lanes, and a median. The vacation will 00\/Cr the median and the caslbound lanes and a portion of the eastbound lanes will actually be incorporated inlo the Wal-Malt transact.ion. Actually, undcmcalh the CIISlbound lanes are the Little Dry Creek conduits, so thcrc really won '1 be my development, per se, on lop of 1h11 portion of the right-of-way, he said. The road that will be developed. 1h11 the public will recogniu as West Floyd Avenue, will be on a portion ofwhal is now the median, and the westbound lanes. Mr. Stitt said, aa:ording to the Planned Unit Development. the provision for right-of-way, or Slreds within that area . included a circulation road thal would conncct Elati, Fox and Galapago with a sixteen foot or twelve foot right-of-way thal would provide cin:ulalion for the neighborhoods. This would not allow traffic to Dow from, for instance, Dartmouth south through the neighborhoods inlo the development across Floyd Avenue. The balance of the right-of-way, he explained, w"-the public would recogniu as the traditional right-of-way for West Floyd Avenue, would provide access for buses and loading for the Englewood town center development Mayor Bums asked if there will be enough right-of-way there for the neighborhood circulation . Mr. Still responded affinnatively. Council Member Habenicht asked ifthcrc will be an adequate buffer so that, if there are exhaust fumes and all tiu., ii won 'I affect the neighborhood or quality of life of the people who live there. Mr. Still responded that, the way the Planned Development was laid out, thcrc would be a wall and landscaping lo buffer the neighborhood to the north. In fact, we have been studying thal buffer to detenninc cxactly what is going to be necessary to pro1CCt the neighborhood from the bus traffic, since the buses are quite large, and they exhaust up through the roof with an exhaust pipe. A low. four foot wall, be said. would not provide the kind of sound and vision buffer 1h11 is necessary, so 'NC arc looking into what will be nccaary to provide the sound and visual barrier for those neighborhoods. nacre will be breaks in the buffer, be explained, to provide for cmcrgcocy access. Whal wc have proposed now arc bollards that would be at tbollc cross Slreels that emergency vehicles would be able to pcnctratc. but regular passenger cars would not go throup thcrc. We will not have a continuous wall from Elati to Huron, but there will be a sufficient landscape and physical burier to protect the neighbomoods from the sound of the truck and bus traffic, and a visual barrier as well. be lllicl. Council Member Nabholz said Ilic -glad to hear that, and 1h11 her bigp a.:em is to be sure we buffer that neighborhood to the IIOl1h. She aid it loob like they arc doing MIii IICICldl IO be clone . Mr. Stilt said they arc llill worting OD• anti the fmal dcsip for die baricr wiU probably be fonhcoming in several weeks. Council Member Nabholz asked 1h11 she and the ncipbomood be kepi illfonaed. Mr. Stia said absolllldy . Mayor Bums said it sounds like kind of a dlallcngc lo buffer 1h11 noilc. Mr. Stia said the challenge is to provide for the penclral ions for emergency vchic:lcs. We have a limiled amounl of space, he explained. and in order to pul a high enough buffer. and stiU provide spK:e for landlcaping. is a real challenge . We have the archilCCIS, and landscape archilccts, working on how bcsl lo accomplish that, he said, and thcrc arc ways of crealing visual and sound barriers thal arc DOI a solid wall, that will llill provide the kind of proccction for that neighborhood thal they deserve. Council Member Habenicht said 1h11 is wbcR her level of discomforl lies in passing this, in case they can DOI come up with something that would adequately addras that Mayor Bums said bul you arc going 10 do 1h11 anyway. Whclher we vacate sixty-six feet. or.._ it is, for Wal-Mart, you llill have the same issue. Mr. Stia said thal is correct . Regardless of how much is vacaled. wc arc stiU committed lo putting in a buffer for thal neipbomood. The amount of space: available for that buffer is really not a factor or a function of how much wc vacate, but how much ground is necessary to provide the IJaVCI ways for the IIUCk. bus and car IJ'affic. and provide adcqllllle 1ransponation or a cin:ulation route on the north side for those neighborhoods. ' ., •· • 0 ' - Englewood City Council Special Meeting April 12, 1999 Page 3 • • , . • Council Member Habenici. Mbd if dlll is what would be ucrific:ied if tbcrc is DOC enough room to pu1 the adequate kind of buffer dlll they waDl to do. Mr. Sti1l aid DO, Ibey ~ DO illlmlioa al sacrifJCing any buffer ...-,e. in fact they an: trying to pt IDOl"C space for the buffer, be -1ed. and tbc Dlllll lwrier in 1h11 area. Council Member Bradlhlw Mbd dill they _. lel il look lillc the D11111 burier that is on die-" aide al Salllll Fe . Mr. SliU aid il wiU DOC look lillc ~ feet al c:oncrae blocb. He lllled dlll they ~ -clelips they - looking II that will pn,vide form ....... VUIIII bmier, •Mil• a ....a lwrier. 'Ille lleiglll aldle barrier ii still lOIIIClhing we are UMlliplml, lie aid, and dlll ii a fimclion aldle type of traffic dill will be on dill ...._ Mayor Bumi said tbcrc ii a lot al quality in die walls on the Wal-Malt dclip. ad he felt we sbould work affdill good design when we do this. Mr. Slitl aid our goal ii to ~ anetl!ina dill ii a llOCdl better dim da. 10 dlll if tbcrc is a need for D11111 bmien ..... die lat al the cle,,dapmeal. we aw a model to look al Council Member w...-aid, iflle .... ripl, die .... widl die bollllCI Clllllduil -it. and tlle--. ii .... al the vacation. Mr. StiU aid dial ii axncl, tlle IIIUlh lixty-six feet al Ille ripl.Gf-way will he Yacaled IO the Englewood Envinlnmelllal Fc-!lldldcML c-il Mcmller w.....-..._. ifdlll illcluda die bollllCI caadail, and the exiq median, and die exiaiDg ......_. 1-. Mr. Stitt said lllll ii canect. Mr. Wagaaer Mbd llow we would pt tbc right to pul the traffic beck on dlll paticular padion. Mr. Stitt aid we will main c_ment, for traffic and for ..mties in that ... Mayor Bums Mbd if dial ii where tlle .._ _ pillg to 80. aat die neipbarhood ~ traffic. Mr. Stiu l'ClpOllded dlll the "'-will ID tbcrc, ad tlle lleipborllood traffic will be on die acblal existing. rmuining tbilty feet of right-al-way IO tlle -*. Council Member Wagaaer Mbd if"tlle Tlllllic Eapieer las looked• this and aid dlil wiU aem: the ara. Mr. Sliu l'ClpOllded affinaMiwly. 'Ille Depuly City CICll lead tlle cc-=il 11i11 by lide: COUNCIL Bill. NO. 26, INl'llODUCl!D BY COUNCIL MEMBER BRADSHAW A Bll.l. FOR AN EI.Ell<ENCY OIUMNANCE AIJl1IOIUZING 11IE VACA 110N OF IUOHJ' ~-WAY ALONG 11IE 500-IOO BLOCKS OF WEST Pl.DVD A VENUE BY 11IE aTY OF ENGLBWOOD. COLORADO. COUNCIL MDlm SIIAINIIIAW IIOVU. AND IT WAS SSCONN1t. TO Al'l'IIOVE MaNDA rn:11 6 (a) (I)-COUNCIL 811.L NO. Ji. A)'CI : eo-:il Mellllell Nallllolz. GlmJa. Bladlllilw, Hllleaidll. w...-. Giw:alil, ... Nays: Noae The mo1ioo carried. (b) Approval al~ OIi Second Reading Then: were no onlimnccs for appruval • _... lading. (C) Raolutions ad Malicms Then: were DO raofulioal and IIIIIUOIII. 7. Gaeral INN d11 " - • . < .. • • 0 , • • • Englewood City Council Special Meeting April 12, 1999 Page4 (a) Mayor 's CllOice • • , . • (i) Mayor Burns said be inquimt about the 1999 Cilizms' Academy 1h11 was mpposcd to 5lal1 on Saturday, April lot' with-good ~oas, but Ibey didn't uw CDOUgh rapoase to bold iL They are going to continue ii on to the ran, be adYilDII, adding 1h11 be apollc with Doradly R-about the kind of publicity and oulRaCh 1h11 mipl Fl a heller rapomc to this. such • 111c Cilizen, wllicll ii bas been in, Neipborbood Watch, and Ten Talks. Mayor Burns fdt it was kind of sad 1h11 we didn't aw CDOUgh people lip up. Council Member Gruulis said lbc ligned up. Mayor Burns aid we will be lalmg with Public lnformalion Officer Punocrelli about -ys to Fl the word OUl. because lhelc are very educalioml .aions. (ii) MayCN' Bums aid be went to the Maro MayCN'S' Caucusoa Friday and there was a very good discussion by Pacr Neukin:b af tbe Soulbeasl Business Partncnbip. It -about all al tbe dm lhll lhcy ba\'e acquiRd about tbe Soulbelllt Corridor lhll Ibey are working with OIi jam, lnlllpOl1lllion bouliDg and IO fCN'lh . He said be would lillc to Fl -af lhll lO DiRlclor Simpson and see whal kind al similar data Ibey might ba\'e for tbe Soulhwesl Corridor. All tbe mayon pl illlelelted in wbedler Ibey could Nplicllle lbal kind of lludy for their panicular areas, be said. We allo bad Tom Norton there and Cal Marcdla. who are working very dililCIJlly about uying to crack the nut in the Soulbeul Corridor on the local maldl. FT A is impreaed about the fact lbal Ibey are going to do light rail and highway at tbe amc lime, be related, which is heller 1han doing ii one al a lime, but lbal is still a big challcllgc. It will be two years before they can un COIIIIIUClion. be Aid, and Ihm ~ to 1CYC11 years al construclion, during which lime Ibey are going to ba\'e to do a lot of tndlic ,..._.,,L All the odlcr coniclon are, of course, interested in gelling IIOllldhing fCN' themselves. so you can just see a l'Cll lulslc going oa in the future. be said, and a lo( of things will ran into plac:c. Mayor Burns aid tbe qislllion 1h11 the Governor ... propoed fCN' tbe bonding is vitally imponaal lO all of lhelc corridors. They all want to replicllc MIil we are doing and ii is very gratifying to be in this polilioa lbal we are in in the Soutbwc5I Corridor, be opined, because ii is a l'CII c:hallcngc for the re5I of them, but Ibey are doing -good MMt in thole -· (iii) MayCN' Burns aid Saturday is our IMual reb'Cal and goal setting, for which we will be gelling a considcnblc packd al materials 11111-W off the rebeal 11111 the llafr bad. (iv) Mayor Bums advilCd lhal the City RlCCivod $5 millioa from RTD oa the 23"' of Man:h when we went clowD to their...._ We pl a founeen to nothing wee. which is the finl , ............ \'Ole we uw ever obcaincd al• RlD 8-d ....._ dlaup CNIC member-ill. be allowed. Evca tbe membcn who are DIil llvilled with light rail realizlDd WC .... dlil CXh parting, be aid. (b) Coullcil Mclllbcn. Cllaice (i) C-.:il Melllber Nllll!olz : I . She said S.-Va Dyb'1 fadier paaec1._y, IO she bad RlqUCIIOd lhll E'*1lliYc ~ Bndllaw check into wbelher we llhoulcl lelld ftowen CN' a COlllribulion. Ms. Nabbolz fell --ching lllnllld be _. IO Ms. Va Dyke . 2. She advillCld 1h11 she -MiK CGffman, -S&alc Treamu, on the *'11IIOr about a week a,o . He 1eD1 kudos to Council for buying the Skcnitt lloUlc . 3 . She aid Hank Long and Im--.... Scrviccs are DJCR lhan willing to lel up a web lilc mw.:licNI Iii* to our City page which would inYolve tbe HillOrical Society. We • a HillOrical Society would provide tbe infonnalion to updllc it, but lbc lllid she 1-91 Council's approval and tbe ~·1 approval in order iJr I'-to move forward with 1h11 . 4. She aid she bas bad ICWIIIOCII good pbonc calls on the depot. She apple+d DiRlclor Black iJr all bis hard work. l'Clllllting dial ii is prpoul -there. .. • • • Englewood City Council Special Meeting April 12, 1999 Page 5 • • • 5. She advised that she has received eight phone calls against Sam's Club. 6 . At 2820 South Elati Street, she said, there is a leaking fifty gallon drum of what looks like oil in the alley. 7 . She said she rode along with an officer a a,uple of weeks ago and was very impressed with our Englewood police department One of her concerns was that there were only two employee proa:durc manuals in the whole Safety Services building. This was a vc,y conscientious young man, she said, and he said he thought it was about a seventy page manual and he would appeciale if there were more manuals available. (ii) Council Member Ganett: I . He commented that the bUck uaflic on West Union is bener, but fdt, now that the weather is turning nice, that motorcycle enfon:emcnt mighl be helpful . The reports he is bearing indicate that we are not being as Slrict as maybe we should be initially . He fdt that if we enforced it with the finl time offenders, they would not do it a second time. ,, - 2. At Huron and Belleview, if you are westbound on Belleview turning nonhbound on to Huron, that seems to be the "I'm going to market my vehicle" comer, he said, aa the vacant lot and right on the curve . With people bam:ling down Belleview, that is pretty dangerous, Mr. Garrett said, and asked that it be checked to be sure they are the proper distance from the end. 3. He said he spoke to a businca pcnoo in his continuing remodeling sap. He said he bad a nice CIICOWIICr with a gentlemen who owns a businca here in Englewood, who moved from Denver and really enjoys the environment we provide the businca community, particularly the law eafon:emcol group. He said wbcnewr he Im had a problem, they have come out to 1ec what is going on and taking lllllemellll. as oppoled to the tralment he generally got in Denver. Mayor Burns said, along with that, we goc an update on the South Broadway Action Plan, which he is really anxious to sec implemented. (iii) Council Member Bllllllhaw made the poim that lhc did not rcaliz.e dlll lherc would be a Council Membcn' Clloice this cveniag. beamlc: prior to this, II a~ aeding. all you could dilc:ua was wbal was on the agenda. City Attorney Brotznw1 said you can diacua, bul you can not \'Ole OIi aaythiag other dllln wbal is cm the a,cada. Ms . Bradshaw said they illlelpnlOd it -=II -llriclly lasl time. (iv) Couacil Melllbcr Oruulis : I . She said she wcnc cm that IClur today and Guy Hultberg was the driver 111d they WClll with five other people from tbe Cultural Ans Commillion. They were viewing possible sites for the ICII ICUlplun:s from the MUICWII al Outdoor Ans. We came up with -r..:i•iag ideas, she said, al bow to dillribute the 111 . Council Member Habenicllt said lhc lhinu dlOlc ICII ICUlplurcs are the ones that we have a deal with Ibis poup that places sculplurcs for two to tbnle years, and doelll 't i.ve any connection with the nmeum at all. Ms . Grazutis agreed that that was comet. 2. Last Friday, she aid, lhc aaended the Olcrrclyn ElemclUry School caRICI' fair. ' ... , I· • 0 • Englewood City Council Special Meeting April 12 , 1999 Pagc6 • 0 t• • 3. There was a special officer assigned to talk to some of the South Broadway business people thal she had been concerned about because they were not reporting their incidents. Ms Grazulis said they arc speaking to those business people al least weekly. She aid that is very nice and she thanked them . (v) Council Member Waggoner said, when we were talking several months ago about the DROP Program, thal we were IUppmal to have something brought back to us by March or Apil. Council Member Bradshaw said that non<mergcncy has a meeting tomonow. City Attorney Brotzman said police and fire pension arc this week and next week. Ms . Bradshaw said then it is probably closer to May. She said thal is the focus of the non-emergency meeting tomorrow. Council Member Waggoner asked iflhll is going to be mm-active to the first of the year. Ms . Bradshaw responded affirmatively. (vi) Council Member Habcnichl : I . She said she remcmbcRd what Council Member Bradshaw remembered, that we never discussed Council Members' Choice at Special Meetings. Mayor Bums said we have Council Members' Choice at the Study Sessions, and he fdt it was a matter of convenience. 2. She mentioned that some of the members of the Cultural Arts Commission will be visiting the Library Board meeting. We have a liaiMJD from the Library Board on the Cultunl Arts Commission, she advised, so there is some really good communicalioo going on. The Cultural Arts Commission had been approached about space within the City complex for a group c:alled the Book Arts League thal is looking for space, and they do some wonderful things. Ms. Habenicht said. The Cuhunll Arts Commission really felt lhlt this was more of a library kind of program or use and so we have rd'cmd 11111 to the Library, she said, and they arc going to be making a presentation to the Library Board. It really Dlnds like a wonderful program, she said, and she felt they would be pmty excited about it. She said she would keep them poaed. • •••• Mayor Bums advised lhal Pal CroaatberJCr, the Mayor of Lilllclon, was prclClll, and has been talking to him about making a pn:SIClllalion about the lnlllit alliance for IOlllC time. Our Sludy Sessions arc so jammed, he Slid, 1h11 we have noc been able to wort her in there . He aid be undcrslands she was invited to come tonight during this meeting and, he acknowledged. this is not pan of the lpCCial meeting agenda. He said her pracntation woulcl not involve discussion . He asked if cvc,yoac was comfortable with that Cily Attorney Brotzman Algcsled lbal it might be more comfortable to have the pracnlalion during Sludy Scssioa after the meeting. Mayor Bums CIOIICWftld . . .... Council Member Nabholz advilell that Bishop Elementary School is teaming up with Clean, Green and Proud, and Pam and Recreation, to clean up around the Depot on Saturday. as well as Cushing Park. Clean. GR,cn and Proud has provided them with plastic hip, and Ms. Nabholz said she boughl them some rubber gloves, and we will provide them with donuts and drinb. Anyone who can get out there, she said, allowing that it is bud,et time, it would be good if they could go out and cncowagc those kids. I. City Muat,r'1 lleport ' •• .. •· , - - • Englewood City Council Special Meeting April 12, 1999 Page 7 . . • ,. • • • • (a) City Manager Scars said wc had a very succcssful retreat the last oouple or clays. 'l1IClc lhinp are helpful when wc can get away and get a dlance IO talk and get some training in temw or communicalioa between departments and bow betler IO deal with .,_ cili7.cn issues. We IOI a bcaa undcnlanding of style and how one department woits with another. He said be tbougbt it was very bclpfW, allhougb we -.e doing COlllraCIS • lbc same lime lhat we were then:. But it allowed us IO get away and, as a team, wodt lhroup .,_ of the ClOlllraCt issues lhal were coming badl IO Council acxt Monday night. be said. We foc:uled in oa lbc IOp pl iaa ID dllll we can really focus in this week oa lholc. Mr. Scars ltaled 1h11 the buqd infonnalion is always bclpful and ~ posilivc: about wbcrc WC are and wberc -are going IO go, and then WC will focus OD some of the key iaa and try IO be done as dole IO one o'c:loct • wc can. 9. City Atter.y'1 .,_. (a) City Aaoney Brw iequated a motioa repnling the CIRSA lrfl..._. pn,pcml far die LittlctonlEnglcwo Wastewalel T.--PIIIII for the media failure. He requated appnwal of i11:a1 I ........ 4 on the ag,ccmcnl. and modificalioa of ilem 5 to ilMlicale payment of n:uonablc engineering CXllb and IIIOrDcy '1 fees . COUNCIL MEMUll allADSIIAW MOVED, AND IT WAS SECONDED, TO APPROVE ITDIS 1 THROUGH 4 Of THE CIIISA raOPOSAL FOR THE SETl'LEMENT Of THE LJTJU:TONJENGLEWOOD WASTEWATER TllliTMENT PLANT MEDIA FAILURE, AND APPROVAL Of rnM 5 Wl11I MODD'ICATION TO INDICATE PAYMENT Of llLUONASU: ENGINEERING COSTS AND ATTORNEY'S nES. Ayes : Council Members Nabbolz, Oarreu, Bradlllaw, fflbeeidll, Wagoner, Onzulis, Bums Nays : None 111c motioa carried. ••• AAlljNnamt MAYOR auaNS MOVED TO ADIOUaN. The IDCding adjourned• 7:40 p.m. ' . , •, .. • • 0 - .. • • • '· • April 19, 1999 ENGLEWOOD CITY COUNCIL Regular Meeting • • 0 • •· • 0 '32 x l