HomeMy WebLinkAbout1997-01-20 (Regular) Meeting Agenda:,-------------~-------------.~----------------------------,.-
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REGULAR CITY COUNCIL M£ETING
JANUARY 20, 1997
ORDINANCE t~ ~~~8, 9, 10
RESOLUTION t 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Replar Sellioa
1. c••on1er
The rqular meeting of the Englewood City Council was called to order by Mayor Pro Tcm Habenicht at
7:37p.m .
2.
The inwc:ation was given by Council Member Wiggins.
3. 1'Wtr fll Alle&I-
Tbc Pledge of Allegiance was led by Mayor Pro Tan Habenicht.
4. aoUCall
Present : Council Members Clapp, Wiggins, Habenicht, Vormittag, Waggoner
Mayor Bums Absenl :
A quorum was prcacnt.
!Clerk's DOie : The Dillrid I Council ..r ii \IK8lll due to the nail flCouncil Member Hathaway by a
majority tithe \'Ole at the January 14, 1997 Ra:al.l Election.)
Also preaeat: City MlaaF' Olllt
City Aaaney ~
City Oen Ellis
MlaaF' fl ......... Scrviccl Moviclt
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Mayor Pro Tem Habeaiclll c,qilailled to die ...-.:e dial Mayor e.r. is ia WlllliagloD D .C. aaeadiDg
the lnauguralioa fll'lelideal Cliataa. SIie added dial Mayor .... is aim ia W ....... CID bcllalf fl
the City, Fllinl to know peaple 11111 lallbyilla ilr die Rcpoal T ......... Dillricl, for the Light Rail,
which is veiy illlplll1Ul to -coaaaity. SIie aid Ille is an lie qsm acJl bcillg preaeat for the
prescntalioa to the Eqlewood Hip School ........
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S. Mi•ta
(a) COUNCIL MEM8ER VOllMl'JTAG MOVED, AND IT WAS S&CONKD, TO
APPROVE THE MINUTES 011' THE REGULAR MErnNG Of JANUARY 6, 1"7.
Ayes : Council Membcn Vonailllll, Wigial, Hllleaic:llt. W...,_-, Clapp
Nays : Noac
Ablcal : Mayor Buru
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Eastewood City CCIIIKII
J ... ary 20, 1997 •-.2
Motion carried.
6 . Sdieduled Vlliton
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(a) 111c Englewood High School Foocball team was rccogniz.cd by City Council in honor of
the Pirales' Cbampiooship SCIIOD. Mayor Pro Tcm Habenicht read aloud the Proclamation of January 6,
1997 and oO'ered her oongnlUlations to C.oacb Randy Penn and the tam. Each team member was given a
City ofEoglcwood lapel pin. Team Captain Tn:vor Hammen lhanbd the City for its mpport and told the
audience that the large crowds at the games made it a lot of fun.
(b) Aid to Other Agency recipients were present to .:x:q,t their annual funding.
Council Member Vonnittag presented a cbec:k lo Meals On Wbccls Director Jan Andrus. Ms. Andrus
advised Council that they serve about 67 people in Englewood-, clay . She DOied their overall count is
170. Ms. Andrus thanked Council, she said she needs and appreciates the help.
Council Manber Wiggins presented a check to Inter-Faith Task Force Executive Dim:tor Sandy Broder.
Mr. Broder said be wanted to thank Council on behalf of the thousands of Englewood residents who come
to their door all year long and OD behalf of the single parent -with the cllildrai who QOIIIC to bis door
and say that they have DO food to feed their family and DO housing to house their family. He thanked
Council for the opportunity to a>Dlinuc aerving Englewood and doing their mission.
Council Manber Clapp preseoo,d a cbec:k to Coun House. lncorporalcd, Volunteer Coordinator Maly
Wenrich. Ms . Wenrich DOied that she llaJ1cd in 1969. She advised that their Executive Director, Ann
Robinson would have loved to be beR tonight, bul that this is their annual meeting night. Ms. Wenrich
thanked Council for MIil they do for them, beauc, she said, they do have cllildrai from Englewood with
them. She advised that sinclC they opened in 1970 they have seen 11 ,500 abulCd kids.
A cbcck to Gateway B1llcrcd WCIIIICD'I Shelter will be forwanlcd to lhll a,ency .
(1) Rady KRft. 1632 Ellll Nicllols A-, IOld Council dial CW KRft. w11o was a110
..-., is I Boy SQJIII ill Willow C.... He llid diey-..-111 ... a mrit llalli,: ....,_
and to ICC llow City Council openllel.
Mayor Pro Tan Habalidil wdQllllllld them.
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A pmd.-.ion declaring Ille IIIOlllh ofFcbnllly, 1997 • Aacric:a HillOfy Mondi was
COUNCIL MEMaER WAGGONER MOVED, AND IT WAS SECONDED, TO nOCLAJM THE
MONTH OF naRUARY .,,, AS AMERICAN HISTORY MONTH IN THE CITY 01'
ENGLEWOOD.
Ayes :
Nays :
Absent :
Motion carried .
Council Mcanbcn Vormittag, Wiggins, Habcnicbl, Wagoner, Clapp
None
Mayor Bums
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Ea&lewNd City C.lldl
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9. Public Reariq
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No public bearing -ICbedulcd before Council.
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COUNCIL MEMSER WIGGINS MOVU, AND IT WAS SECONDO, TO APPROVE
CONSENT AGENDA IUMS It (a) (i) TllllOIJGB (Y) ON JOIST llEADING.
(a) Approve on Fi,. Railing
(i) COUNCll. BDJ. NO. 3, IN11lODUCED BY COUNCll. MEMBER WIGGINS
A BDJ. FOR AN ORDINANCE AlmlORIZINO AN Dm!RGOYERNMENrAL AGREEMENT
EN111U!D "CITY OF ENGLEWOOD PROJECT AGREEMENT wml RID FOR CITY DITOI
PIPING" BETWEEN THE REGIONAL 11lANSPORTATION DIS11UCT (RID) AND THE CITY OF
ENGLEWOOD, COLORADO.
(ii) CONmACT wml LIQUID WAS'll! MANAGEMENJ'. INC . IN THE
AMOUNT OF $70.129.00 FOR CLEANING OF THE LITl1.ETONJENGLWOOD W AS'll!WATER
11lEA'IMENI' PLANT ANAEROBIC DIGESTERS .
(iii) COUNCll. BDJ. NO. 6, IN11lODUCED BY COUNCll. MEMBER WIGGINS
A BDJ. FOR AN ORDINANCE AlmlORIZINO AN Dm!RGOYERNMENrAL AGREEMENT
EN111U!D "Dm!RGOVERNMENl'AL NONBINDING LETl1!R OF UNDERSTANDING FOR
SERVICE FEE PAYMENT.~ BETWEEN THE CfflES OF UTl1.ETON AND ENGLEWOOD,
ARAPAHOE eoutn'Y AND ADAMS COUN'IY, COLCllADO.
(iv) CXJUNCILBIU.NO. 7, INTRODUCEDBYCXJUNCILIE&ll WIGGINS
A BDJ. FOR AN ORDINANCE AlTlllCalZING AN IHl1!ltOOYEllNIAL AOI~
PERTAININO TO THE MEDIAN OF STA'ra HKiHWAY 215. BE1W1!1!N 11E COi Qlt@O
DEPAR'IMENI' OF TRANSPORTATION (CDOI') AM> 11E CITY OF ENC&..EWOOD, COi Qlt@O.
(v) CXJUNCIL Bill.. NO . I, INTRODUCED BY COUNCIL IEE Ek WIGGINS
A BDJ. FOR AN ORDINANCE ll!PEALING 11TLE 5, OIAPTl!R 5, AM> ENACl'INO A NEW
11TLE 5, CJIAP11!ll 5; AMENDING 11TLE 7. OIAP11!Jl 60, BY ADDING A NEW SECTION 14;
AMENDING 1'111.E 7, CJIAP11!ll 6E, BY ADDING A NEW SECTION 9; AND 11!MOV1NG
MASSAC£ 11IERAPY FROM ORDINANCE NO . 25 , SERIES OF 1996 WHIOt PERTAINS TO 111E
MORATORIUM OF LICENSES IN THE CITY OF ENGLEWOOD, COi Cll~.
Aya:
Nays :
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Couacil Memllen v....., Wigia. Hlllelliclll. w....-. C..,
Nolle
Mlyo,Bunl
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l:a&lewood City Coalldl "-•ry 20, 1997
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Mayor Pro Tcm Habenicht told the audience that the Consent Agenda is a list of ilems that arc aencraDY
bnt•rdrccping issues and that a Council Member may, if he or she wishes, mnc,ye an item from the
Consent Agenda. Othcnrilc, to speed the pnlCICIS, they arc taken care of all aa once .
COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 11 (II) (i) THROUGH (ff) ON SECOND READING.
(b) A.,.,_e OD Scmad Rcadiag
(i) ORDINANCE NO . 4, SERIES OF 1997 (COUNCIL BllJ.. NO. I,
INTRODUCED BY COUNCIL MEMBER HA111AWAY)
AN ORDINANCE AtmlORIZINO AN INIBOOVERNMENTAL AGREEMENT ENl111.ED
"INTERGOVERNMENTAL AGREEMENT FOR EMERGENCY MANAGEMENT' BETWEEN
VARIOUS JURISDICTIONS 1HROUGHOlIT 1HE STATE OF COLORADO AND 1HE CITY OF
ENGLEWOOD, COLORADO .
(ii) ORDINANCE NO. 5, SERIES OF 1997 (COUNCIL BllJ.. NO. 2.
INl1lODUCED BY COUNCIL MEMBER HA111AWA Y)
AN ORDINANCE AtmlORIZINO AN INIBOOVERNMENTAL AGREEMENT BETWEEN 1HE
BROOKRIDGE SHOPPING CENTER, 1HE ELLEN L. CLARIDA MADDEN TRUST, 1HE
BROOKRIDGE HEIGKJ'S WATER&. SANITATION DISTRICT AND 1HE CITY OF ENGLEWOOD,
COLORADO .
(iii) ORDINANCE NO. 6. SERIES OF 1997 (COUNCIL BllJ.. NO. 4,
INTRODUCED BY COUNCIL MEMBER HA111AWA Y)
AN ORDINANCE AtmlORIZINO 1HE EXCHANGE OF PllOl'l!RlY TO HIOHLANDS RANCH
METROPOUTAN DISTRICT NO. J, PERTAINING 10 DR. OHLSON AND 1HE C~70
INTERCHANGE .
(iv) ORDINANCE NO. 7, SERIES OF 1997 (COUNCIL BllJ.. NO . 5,
INTRODUCED BY COUNCIL MEMBER HA111AWA Y)
AN ORDINANCE AlTTHOIUZING A GRANT OF WATER LINE EASEMENT AND A TEMPORARY
CONSTRUC110N EASEMENT BETWEEN 1HE CITY OF ENGLEWOOD, COLORADO AND 1HE
A·Z COMPANY (THOMAS PLATING).
Ayes :
Nays :
Ablcnt :
Mocioo c:arriod .
Council Mcmbcn V.-ittag. Wiggins. Habcnic:hl. Wauoacr . Clapp
Nooe
Ma,-Bunl
II . ~R111I lieal ... Medw
(a) A.,.,_e OD Fira Raiding
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Eqlewoed City Couacil
J-ary 20, 1997 ••s
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(i) Manager Movick pn:scnled a recommendation from the Depanment of
Adminilbalive Services to approve, by motion, the award of bid for phone switch equipment. with options
to be added to the switch, to the low bidder, Lucenl Technologies, in the amount ofS4S0,273 .22. Mr.
Mova said it is actually a plcasun: to bring this item to Council, as staff' has been working on it for quite
-time. Tbe illlCIII is to take -of the differmt types of phone equipment that WC have throughout
die City, be said. and iDltall a l)'Slcm that is similar in nature of the location and can be acc:eaed in the
w -......,... die City. T.-y bids-lelll out. be adviled, with ten vendon llltellding a
_ ...... .,, prc.,Nopual comeace. after whicll five venc1on bid on die project.
R....-+ac to CGw:il Mamer Wagoncr, Mr. Movick explained that. in spite of the clcwlcd nawrc of
die ,...,_. dull -11ea1 -. wllidl -aimed at piling bids badt dull can be QOIIIP8ffld side by side,
die wadors .. ~ dlcir bids diffelaldy. Each bid -locud .. ud reduced to the minimum
..,,..... ... of die bid. T1lerc -a number of items in the Lucent bid, approaching $90,000.00, wbicb
iacluded tbiDp IUCh as lllftware dull wasn't requin,d to meet the minimum specs. They had over-
designed some of the network facilities, he explained, with one propoml switch that was actually too big.
What Council is seeing is the City's altcmpl to get all of the bids to the same minimum level .
COUNCIL MEMBER VORMl1TAG MOVED, AND IT WAS SECONDED, TO APPROVE THE
AWARD OF BID FOR PHONE SWITCH EQUIPMENT TO LUCENT TECHNOLOGIES IN THE
AMOUNT OF $450, 273.22.
Ayes :
Nays :
Council Members Vonniaag, Wiggins, Habenicht. Waggoner, Clapp
None
Absent : Mayorl1ums
Motion carried.
(ii) IClat's note: This qcaida item -a recommendation from the Offic,c of
Neighborhood and Businca Development to adopt a r..mllllion approving Hampden Center
Redevelopment and economic development illCelllMs. I
Mayor Pro Tcm Habcnic:bl llaed it was bcr undcrunding dull ltd" has requeated dull this item be pulled
from the apnda. City Attorney Bl'OIZIIIIJI and City Maaa,er Out said dull is ainct.
This item -pulled from the apnda.
(b) Approve on Second Reading
There were no additional items submined for appruval on lleQOIICI reading. (Sec A,enda Item 10. C-
A,enda.)
12 . Gaeral Bilal ...
(a) Mayor's Choioc
I . Mayor Pro Tem Habenicht inviled everyone to -to die Rm groundbreaking tomonow. Sbe
said they are very excited, that this is the beginning of a wllOle new way of life for thole of m along the
IOUthwcst corridor with the alllling of light rail . She said the groundbreaking i1 ll I :00 p.m. ll Evam
Avenue and Santa Fe Drive. Ms . Habenicht aJIIUIIClllod that parting will be pniblbly be at a premium.,
but that it should be fun to be there anyway, to be a pan of that bi11oric __._ She said Mayor Burm is
very disappoinled at not being able to be tbcrc, but that he is tbcrc in spirit and they wiU QCl1ainly cany
the banner for him .
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Eapcwood City Council
Juuary 20, 1997
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(b) Council Member's Choice
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(i) Council Member Vonnittag:
I . He said he will be there tomorrow to support light rail for our community.
2 . He askc:d if Council would be interuted in having a big meeting with all of staff, as was done
previously at the Buell Mansion. He said this has not been done in quite -lime. and suggested it
would be a good time to talk about future budget items, Cinderella City and other matters.
City Manager Clark said. ooinciclenlally, this was difCUIIICld at the clim::lors' meeting this morning and
they~ made it an agenda item for next Monday. He rcaxnmendcd that this take place, possibly, in
March prior to when we do the five year capital plan in the budget process. He said they will try to do this
on an annual basis just prior to the budget process .
(ii) Council Member Clapp asked if a date has been set for a meeting over at
Duncan Park. City Manager Clark said he is not sure if the date has been set, but it is in the process. He
explainc:d that there is a zoning item pending in Planning and Zoning which is a proposal for All Souls
School to convert the old Duncan School into a daycare center. We have encounterai some questions
from the neighborbood. he said, and it is his understanding that City staff will be recommending to
Planning and Zoning tomorrow night that they continue with the public hearing that they have scheduled
and that we bold a public informational meeting in the neighborbood. with representatives of All Souls
School, City staff, the school district and the neighborhood. He said he was not sure if they have a date,
but that he will find out in the morning and e-mail and notify everyone.
(iii) Council Member Waggoner recalled that previously there was some discussion
about employees actually rating their supervisors. City Manager Clark said he does not recall any
discussion but be will dilCUSS with the directors whether to incorporate that into the perfonnance
evaluation system. Mr. Waggoner said there is always a lot offeedback going down, but not a lot going
back up to tell whether somcone is doing a good job of supervising. Mr. Clad said that some other
organi1J1tions do peer review for llllpervisors . He said be will get back to Council after discussing it with
the directors, and added that be does not penooally or pbilorophically ~ a problem with incorporating
some type of peer or subordinate input into Ille perfonnanc:c evaluation process .
13 . City M-..rr'1 lleport
(a) City Manager Clark said he will be taking Mayor Pro Tem Habeaicbt with him to the
Light Rail groundbreaking ceremony tomorrow and offen:d a ride to others who ~ to join them.
(b) City Manager Clark reported, regarding the Cinderella City ralcvelopmcot, that be bas
not received official word from Equitable with regard to our latest propoul. He said be faxed them last
week uking what they could do to expedite that. Additionally, be said, be had a telephone conversation
with them the week before and they indicated they were still seeking some clarification as to what
Miller/Kitchell believed with regard to making the building demolition ready. Miller/Kitchell sent them a
letter last week providing clarif1C81ion and Mr . Clark said be will try first thing in the morning to contact
Equitable. Additionally, Miller/Kitchell filed their district plan. which is part of their PUD , last Tuesday.
Mr. Clark advised that they met with Miller/Kitchell last Thursday afternoon and askc:d them if we need
to revise the origiMI calendar as the district plan came in about 30 days later than they indicated. He said
they don't believe it will be necessary to modify the calendar too much, but Miller/Kitchell promised they
will go back and take a look at it .
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14. City A....._,.•, Repo,1
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City Altomey Brotzman did not have any 11111tCrs to bring before Council .
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Council Member Wiggins ulled if we are at the point where we have to ICl u election for the _.
Council wt. Mr. Brotzman rapondcd tbal a rommmendalion will be pn:lellled at the Fcbruuy 3, 1997
Council meeting.
City Manager Clark stated tbal there will allo be nm1u1ica at dial IDDding for Council to adopt.
15.
COUNCIL MEMBER WIGGINS MOVED TO ADIOURN . The IDDding acljoumed at 8:02 p.m.
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
JANUARY 20, 1997
7:30 P.M.
1. Call to order. ? :31 ~
2. Invocation. /JJ.Jj~
3. Pledge of Allegiance. ~
4. RollCall. ~~ /~(MRui)
{ I -JI MAJJlYj J
5. Minutes.
°!f'7{)-/ •· Min...,. fn>m me Rogul• City Council -af........., 8, 1997. ~
6. Scheduled Visitors. (Please limit your presentation to ten minutes.I
a. The Englewood High School Football taam wiH be recognized by City Council in
honor of the Pirata' Championshjp INIOn.
/J-. .AL.liJ. tf~~ !lui,;.,16/IULIN~~d/Ji~rt;-
1. Non-Scheduled Visitors. (Pleau limit yow~ to five minutes.I
~-~,. &d.~-¥(&/'
8. Communications, ProcJamationa, and Appointments.
I a A procl~etion declaring the month of February, 1997 u A"*'can Hla1ary 5 -0 · .
Month. ~
9. Public Hearing. (None scheduled)
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City Council Agenda
1...-y 20, 1997
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10.
{lpfd5-()I t!Jse!'t AgenUtJ. ~ ~ /O ~;' .,;
a. ~ve on First Read~~ ~
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ii.
iii.
iv .
v.
Recommendation from the Utilities Department to adopt a bill for an
ordinance approving an Intergovernmental Agreement with RTD for City
Ditch Piping. STAFF SOURCE: Stewart H. Fonda, Director of Utilities.
Recommendation from the Littleton/Englewood Wastewater Treatment
Plant Supervisory Committee to approve a motion authorizing cleaning of
the Anaerobic Digesters at the Plant. Staff recommends awarding the bid
to the sole bidder, Liquid Waste Management, Inc . in the amount of
$70, 129.00. STAFF SOURCES: Stewert Fonda, Director of Utilities. and
Jim Tallent. Operations Division Manager.
Recommendation from the Littleton/Englewood Wastewater Treatment
Plant Supervisory Committee to adopt a bill for an ordinance approving
nonbinding Intergovernmental Letters of Understanding with Arapahoe
and Adams counties for Service Fee Payments. STAFF SOURCES :
Stewart H. Fonda. D1nctor of Utllltla and Clwtes J. Caudll, Proceu
Devetopnwn Analylis.
Recommendation from the Department of Public Works to adopt a bill for
an ordinance approving an Intergovernmental Agreement with the
Colorado Department of Transportation for the SH 285 Median Project
from Jason to Cherokee. STAFF SOURCE: Clwtes e.t.ty, Dlnctor of
Pubic Worn.
Recommendation from the Department of Financial Services to adopt a
bill for an ordinance approving changes to the Englewood Municipal Code
pertaining to Massage Therapy, and removing this chapter from the
moratorium. STAFF SOURCE: Frank Glyglewlcz, Director of Financial
S.,.icae.
b . ~pprove on Second Re~~--•• • ~ h Ao. //l " · ~ ·11 ~J5-()-/ /))W,®J,o /JU'l()_tJap/'1"fU ~ ~ /Vvt I
· V 1 11 (J Council Bill No. (. 'approving al/ Intergovernmental Agreement f r the
~ 4/ '/-sharing of emergency management resources and related services .
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iii.
iv.
Council Bill No. 2. approving an Intergovernmental Agreement for water
and sewer service to the Brookridge Shopping Center.
Council Bill No . 4, authorizing an exchange of property pertaining to the
C-470 Interchange .
Council Bill No . 5, approving a Grant of Euements across the Thomas
Plating property located on South Windermere StrNt.
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J.i,iury 20, 19'J7
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11 . Ordinances, Resolutions, and Motions.
a. Approve on First Reading.
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i. Recommendation from the Department of Administrative Services to
approve, by motion, the award of bid for phone switch equipment. Staff
recommends awarding the bid to the low bidder, Lucent Technologies, in
the amount of $450,273.22. STAFF SOURCE: Pwry Movick, Manager of
~ s«vicea.L)~
ii. Recommendation from the Office of Neighborhood and Business
~~ <Development to adopt a resolution approving Hampden Center
Redevelopment and economic development incentives. STAFF SOURCE:
Arthur Sclbell. Busineu Community Coonlnator.
. AF on Second Reading.
12. General Discussion.
a. Mayor's Choice.
b. Council Members' Choice.
13. City Manager's Report.
14. City Attorney's Report.
A~mment. g': OJ_~
The f~ minutes were transmitted to City Council between 01/03/97-01/18/97:
• Englewood Planning and Zoning Commission meeting of December 17. 1998
• Englewood Public Library Board meeting of December 10, 1998
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
JANUARY 20. 1 997
7 :30 P.M.
1. Call to order. "7: 31 ~
2. Invocation. UJ.1.jr,'1
3 . Pledge of Allegiance . '/rh~
4 . RollCall. ~~ /~(f;IJR.ui)
{ I -J/ 4(!.AVl 'IJ I
5. Minutes .
°!fi/'rO -/ •-M...,...h ...... __ Cltv""""'"'-°'-"'"'*Y6,1997.~
8 . Scheduled Visitors . (Please limit your presentation to ten minutes.)
7.
8 .
a. The Englewood High School Football team will be recognized by City Council in
honor of the Pirat•' Championship seaon.
/J-. ~W tI~~ ~/¥UlH~t,t(lpftA/Ji,~rt;-
Non-Scheduled Visitors. (Pleasa limit your presentation to five minutes.I
a . ~;-aw...~-¥far
Communications . Proclamations, and Appointments .
I a A proclaltion declaring the month of February, 1997 u Anwican Hlatory 5 -0 · .
Month. ~
9 . Public Hearing. (None scheduled)
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City Council Agenda
1-v 20, 1997
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10. Consent Agenda. · .
Optrf 5 -0-1 P.J~ve~!~~~!Oal ~ v
i .
ii.
iii.
iv .
v.
Recommendation from the Utilities Department to adopt a bill for an
ordinance approving an Intergovernmental Agreement with RTD for City
Ditch Piping. STAFF SOURCE: Stewart H. Fonda. Director of Utilities.
Recommendation from the Littleton/Englewood Wastewater Treatment
Plant Supervisory Committee to approve a motion authorizing cleaning of
the Anurobic Digesters at the Plant. Staff recommends awarding the bid
to the sole bidder, Liquid Waste Management, Inc. in the amount of
$70,129.00. STAFF SOURCES: Stewart Fonda, Director of Utilltles. and
Jim Tallent. Oparetlons Division Manager.
Recommendation from the Littleton/Englewood Wastewater Treatment
Plant Supervisory Committee to adopt a bill for an ordinance approving
nonbinding Intergovernmental Letters of Understanding with Arapahoe
and Adams counties for Service Fee Payments . STAFF SOURCES:
Stewart H. Fonda, Director of Utilities and Charles J. Caudill, Process
Development Analysia.
Recommendation from the Department of Public Works to adopt a bill for
an ordinance approving an Intergovernmental Agreement with the
Colorado Department of Transportation for the SH 285 Median Project
from Jason to CherokN. STAFF SOURCE: Charles Estwty, Director of
Pubic Works.
Recommendation from the Department of Financial Services to adopt a
bill for an ordinance approving changes to the Englewood Municipal Code
pertaining to Massage Therapy, and removing this chapter from the
moratorium. STAFF SOURCE: Frank Gryglewlcz, Director of Anaicial
s.r.-tces.
~{/5-()-/ WUt®VJ /l1..J7t(.)..U-a/J~ ~~IC/tr/ ,
b. ~pprove on Second Rea~~¥~ ,, . ~ h •. • 1/1 ~ · ~ ·11
·1 1 · ii (} Council Bill No . (, 'approving ~Intergovernmental Agreement f the
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tJJ'ld 4/ '/ sharing of emergency management resourcn and related services .
ii.
trui4'-~
iii.
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Council Bill No . 2 , approving an Intergovernmental Agreement for water
and sewer service to the Brookridge Shopping Center .
Council Bill No . 4 , authorizing an exchange of property pertaining to the
C-4 70 Interchange .
Council Bill No . 5 , approving a Grant of Easements aero .. the Thoma
Plati ng property located on South W indermere StrHt.
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11. Ordinances, Resolutions, and Motions.
a. Approve on First Reading.
i. Recommendation from the Department of Administrative Services to
approve, by motion, the award of bid for phone switch equipment. Staff
recommends awarding the bid to the low bidder, Lucent Technologies, in
the amount of $450,2?~-22. STAFF SOURCE: P9rry Movick, ...._ of
Information ....... ~~
ii. Recommendation from the Office of Neighborhood and Buaineu
?Development to adopt a resolution approving Hampden Center
Redevelopment and economic development incentives. STAFF SOURCE:
Ar1hw Sclbell, ..._ Community Coordinator.
. A~ on Second Reading.
12. General Discussion.
a. Mayor's Choice.
b. Council Members' Choice.
13. City Manager's Report.
14. City Attorney's Report.
Ammment.8'.'0)_~
The f~ minutes were transmitted to City Council between 01/03/97-01/18/97:
• Englewood Planning and Zoning Commission fflNting of Decembel 17, 1998
• Englewood Public Library Bon meeting of December 10, 1998
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PUBLIC COMMENT ROSTER
AGENDA ITEM 7
NON-SCHEDULED VISITORS
NON-SCHEDULED VISITORS IIAY SPEAK FOR A MAXIMUM OF FNE
MINUTES. EACH PERSON SHOULD SIGN THIS PUBLIC COMMENT
ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT.
PLEASE PRINT
NAME TOPIC
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PROCLAMATION
WHEREAS, the National Society of the Daughters of the American
Revolution designates February as American History Month, a time set
apart to promote the study of American History; and
WHEREAS , American history is filled with significant events and stories
of brave explorers and settlers who struggled to found a nation that
embraced concepts of liberty and opportunity; and
WHEREAS , the United States of America has achieved the status of a
great nation through the dedication of individuals , both Native Americans
and those from countries throughout the world ; and
WHEREAS , American citizens should take pride in our nation's
achievements , continue to protect our heritage and remember the
importance of freedom , equality, justice and humanity in our daily lives ;
NOW THEREFORE , I , Thomas J . Burns , Mayor of the City of Englewood ,
Colorado , hereby proclaims the month of February 1997 as:
AMERICAN WSTORY MONTH
in the C ity of Englewood, Colorado and urge all Englewood residents to join
in recognizing our nation 's heritage and history .
GIVEN under my hand and seal this 20th day of January, 1997
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ENGLEWOOD CITY COUNCB,
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Replar Saaioa
1. c.u .. orar
The regular meeting oftbe Englewood City Council was called to order by Mayor Bums at 7 :36 p.m.
2. .___
The invocalioa was gi\a by Council Member Wiggins.
3. PWtt ti Alq.iaace
The Pledge of Allegiance was led by Mayor Bums.
4. RellCall
Present : Council Members Hathaway, Clapp, Wiggins, Habenicht.
Vonnittag, Waggoner, Bums
Absent : Nooe
A quorum was present
A11o p,aent: City Manager Clarlt
City Aaomey Brotzman
City Clat Ellis
Office ofNeipbarbood wl BusiDea ~ Manager Simplllll
Dina« Foada, Utilities
(a) COUNCB, MD1a11:a HATHAWAY MOVED. AND IT WAS 511:CONDU, TO
APPllOVII: 11D MJNUnS OF 11D UGIJL\ll MU11NG OF DECDall:a 16, 1"6.
Ayes : COUIICil Melllben Hadlaway. Vormiaq, Wiaia, Habcaidll.
Wagoner, Clapp. 8unas
Nays : Nolle
(a) Mr. Jim Gable. ,._.. of Flllllime Dme-le 1'llellm. lac .. ...a tllll llley ~ Ilea
openting the Ciadaella hin Dme-le n.re liace Mardi 5dl of ... )'CIII'. He ...... OUl ... of
informa&ioa to cacll cauacil member wllic:II, he aid, cxplaiM the pniblem dlcy -....... tllll
inwlws the City of E.,icwoocl He opined tllll die .,U OIIIIIIC lipll for the driwl& 1a11F, wllca llley
WCR rdocaled 6-dleir ori,uiai politioa in early 1994 or 1995, slliac a wry bripl lipc OD dleir mnJ1
tDOYie rm, Mlidl ..,_. aerioully widl the pi 11 lltioll of the DMII, He adviad tllll dlcft -
ICIIDe pboa of it ID die illfonalliOD plCUII.
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Englewood City Council
January 6, 1997
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Referring to the photos, Council Member Vormillag asked what time of night it was on the front page.
Mr. Goble advised that those were taken on June: 4, 1995, right at dusk . He noted the first picture. in the
upper left hand comer, shows the screen just before they staned the movie . Mr . Goble pointed out it was
just dark enough to stan the movie and on the bottom pan of the screen. where it is dark and dingy
looking, is how the entire screen should look before they stan the show. He noted the light pan on the
top, going down the left hand side is the lighl from the golf course. He said they can sec. in the other
photos, how it affects the picture.
Council Member Hathaway asked if all the pbolos were taken about the same time. Mr. Goble advised
they were all taken within about I 5 or 20 minutes.
Council Member Waggoner asked if, when the lights were first ins1alled at the golf course. they dido 't
have a problem . Mr. Goble said that apparently they were installed some years ago and there was not a
problem until they were relocated at the time when they did the par 3 course. At that time the problem
became immediately apparent as soon as they tumcd them on the first time . He commented that he was
not with the theater at that time. that his partners were managing the theater at that time for United
Anists. He advi that they were in contact verbally with golf course personnel. who apparently made
some efJon to resolve it to some degree. but it dido 't help hardly at all . Mr. Goble stated that then they
wrote a letter to the golf course personnel and it proceeded from there. He said now they are at a point
where they just don 't know what else to do in tJying to resolve the problem .
Council Member Waggoner asked if they goc an answer from the golf course people. Mr. Goble advised
they did. that they adjusted the lights and it did help about 2S%. He noted it was a lot worse than the
photos show before they made their adjustments . Mr. Goble pointed out that, even after they made the
adjustments and got it down to being only this bad. they are getting tremendous complaints from their
customers . So. he said. they went back to the golf course and were told there was nothing more they could
do . Mr . Goble advised that their attorney eootaeted the City Manager and they goc a letter back from the
municipal insurance agency that said the City aJUld take refuge from this problem under the
Governmental Immunity Act . Mr. Goble said be did not know what else to do cxCCpl talk to City Council
to sec if. through a sense of neighborliness and fairness. they could get some kind of dialogue open to deal
with this problem.
Mayor Bums noled that be understood this pniblcm was subSlantially solved. but that obviously it basn 't
been . Mr. Goble stated that no it is nol .
Mayor Bums asked if Council ever got a copy of the letter regarding the Govcmmcnlal Immunity Act ..
Mr. Goble advised that the letter is in the paclict.
Mayor Bums commented that it seems kind al unfair that the theater is suffering this problem because of
our lights. He noted they have talked to Jcndl Black about this a a,uplc of times and suggcsled perhaps
they should get some more input. Obviously, lie noccd. the lights 11e on the driving range and if you can
hit a 200 or 300 yard drive out there the lights bavc to projcd and it appears they 11e affecting the ICl'CCn .
He asked City Attorney Brotzman or City Maaqcr Cwt if there bas been an analysis ol m'cnlleS
received and the benefits of having the nigbl pl( or whether it has to CXIClld beyond a certain time .
Mayor Bums asked if those issues have been addrcacd or mainly jusl whether the lights intcrfcrc with the
theater or not . City Manager Clalt staled lhll llc docs IIOl ~ wbclhcr we have done an analysis hour
by hour in the evening.
City Manager Clark asked Mr . Goble ifhc-propoling that we tum the lights off when they get ready
to stan the show or if he was suggaling lhll .c l'CfflO\'C the lights or rclocalc: them wbcrc they doa ·, shine
nonh . Mr. Goble noted that they have tried rclocatiag them and that he wouldn ·1 ncccaarily suggest that
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January 6, 1997
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they removc the lights as he is trying to be realistic about this. He said they would like to be up front
about this and say that they do not have an absolute solution to the problem. He stated that. as he said on
page two of his letter. that they have a proposed solution which would be to tum the lights off' earlier. He
noted they provided Council with a schedule of their approximalc movie swting times for the coming
season, which is, of course, the same every season . He 5lalCd they were just wondering if they could get
Council to open a dialogue with them to Uy to wort out at least a partial solution.
City Manager Clark asked if there was anything that could be done with the scrccn itself or perhaps an
upgrade of projection equipment. Mr. Goble 5lalcd that the golf course folks came out and tried actually
putting some lights under the screen. to put light on the bottom of the screen, to make it look the same as
the top of the scrccn and it was a total disaster. It just washed out the bottom of the scrccn as bad as the
top of the scrccn . Mr. Goble explained that what they did after that was to replace wiring and breaker
switches into their projector on that side to incrca5c the projection bulb up to a 4SOO watt bulb. that they
were rwming a 4000 watt bulb. They did this in hopes that brightening the picture enough would
compensate for iL he said. but it made very little difl'cmicc. Then, he noted, they inquired about going up
as far as a 7000 watt bulb and were told by numerous people that know the projection equipment. that if
you go any above a 4SOO watt bulb you will melt film as it goes through the projector. Mr. Goble
commented that he believes them because. after they put the 4SOO watt bulb in. the film was coming out of
there so hot they damaged a print of lndepcndenc:e Day and Eraser. The film is so hot coming out of that
projector already that they can't put a brighter bulb in.
Council Member Hathaway asked ifwe could possibly have somebody from Public Works look into some
kind of dcl1cction . She said she knows that that being a State highway it might be a little difficult. having
a deflector on the highway side, but if there was some way to attach, or help them attach. something to the
scrccn to shield it from our lights too . She commented that she docs not know if that would be a feasible
solution or not, that it has worked at other theaters. Ms. Hathaway pointed out that North Star used to
have to do it because of the light from the Valley Highway. Mr. Goble asked if she knew what they used.
Ms . Hathaway said she doesn't remember, but that they used to have something that curved around their
screen that kept the lights from the highway from hitting the top of their scrccn . Because they were a
little bit higher on the hill than the highway was. Mr. Goble noted that one of his partners was a manager
at the North Star for scvcral ycan and he can pn,INlbly aaswer that. but that he was not aware of anything
like that. Mr. Goble noted that he can't imagine anything that would be largc enough to COYCr it. Tbc
only thing, as far as a barrier. would be perhaps a burier • the very md of the driving range and it would
be a large one. perhaps even BO feet tall. Or a burier up on the hill when: the State Highway Depanmcnt
has a building. In fact. he pointed out. the State Higbway Dqlanmcnt is what is shading that pan of the
screen on the right hand side where it is not affc:ded. That. he said. is the shadow of the Highway
Dqiartmcnt Building, so they would ha\e to put up IOIIIClhing higher than that building and it would just
be huge.
Council Member Vormittag asked if they could put up IQIIIClbing like the big net along the side of the
golf course thing, where the playground is bctwClen the two buildings . Something like the Bl"OIICOI use,
when they raise up the net when they do the kicks. Thal way. he said. it would DOI have to be a permanent
thing, but they could just raise that up to block the light from that puticulu 1Cn1C11 on the -111 side .
Then when the lights go out they could just lower it. Mr. Goble Slid that appears to be a FOCI suggestion.
but that is not when: the light is coming OYCI', the light is coming OYCr llClllally off of their propcny for the
most put. He pointed out thal it is coming OYCI' the Hipway DcpartDall Building. 10 MIMeVCr IUUcl1Uc
would be built. would have to be built up on that hill wbcR the Hipway DcpartDall Building is. He said
be believes that people ilM>MIII with this witbia the City ad the IOlf coune to this point have looked at
options ofbarricn. He noted that be Is DOI saying a burier would DOI~ but he thought that it bad
been looked at and they walked IWI)' shaking their beads. widlout I ralitlic IOllllion.
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Council Member Habenicht noted that there is an issue she has brought to the attention of the City SC\leral
times in the past and it has to do with dark skies. in terms of astronomical viewing and things like that.
She said ii is her understanding, in the world of the astronomer. that they suppon a dark sky approach
which has you lighting what needs to be lit, but not what doesn"I need to be lit through the type of fixture
that is used. So that rather than losing most of the light and energy out into where the light is not wanted.
both where you arc taking away the view of the night sky and also diffusing it for this purpose, that it is
actually a way of dealing with the fixtures . She thought maybe there would be some way the theater
might be willing 10 cooperalC in doing a study of what would be available and sharing any cost or
anything, if that was a pn,blem. to have the light deflected down on the golf course where it is needed and
not out in the sky where it is wasting energy . Mr. Goble mentioned that the golf course people have been
cooperative to the point that they feel they can be. He said they have alrady refocused. redirected. the
lights down considerably. He noted that when the problem was first announced and the lights were
coming right at them. the golf course people directed them down a fair amount. And he noted. as he said
in the letter, ii did improve the situation by about 2S%. Bui now. he advised. they state that they can't
drop them any funher down to be directly on the golf course . because they would lose 100 much of the
light that they need projecting out for the balls being shot clear oul to the end of the course.
Council Member Vormittag asked about the suggestion to put the lights on the telephone poles along lhe
side and shoot them onto the golf course. where they arc shooting west . And then take out a lot of the
nonh shining lights where we only have one or two facing nonh and put the rest up on lop aiming
downward, that way, he opioed. you could still sec the ball out there . Mr. Goble said thal if you could
move the lights to where they were along the side of the driving range. shooting down onto the driving
range. he fell that would solve the problem. He commented that he knows that is an expensive
proposition.
Mr. Goble noted that the next point that comes to mind is. thal it seems to them, that the company that
designed these lights and put them in there should have some responsibility for correcting this problem.
He opined that it perhaps should not be the entire responsibility of the City of Englewood to comet the
problem, when they should have known. if they arc an cxperiencQI design firm. that lhcrc has been a
drive-in theater sitting O\'CI" tbcrc since 1973 and the screen is clearly visible to them . He said he is sure
that one of their sales poinu in sdling thesc lighls to the City was just how bright they arc. Mr. Goble
said he just wonders if the City could COlllidcr moving the lights. if they could ablonJ a good part of the
cost ol that or ~ just move them on their own. He opined thal they should ha,-c known this. tJw for a
professional orpniution that designs lighting, a drive-in theater SCReD is not real bani to miss and he
thought they goofed.
Mayor Bums commented that you would think that if there was a liability lhcrc it might be dircctJy from
the affected party to the company rather than through the City. He said ii would seem 10 him that if the
City is DOI liable under the Govemmcnlal Immunity Act. that these people would not be liable 10 the City.
He noted that the liability may ha,·e to follow a diff'crcnt course . But he said that is a good idea. what Mr.
Vorminag is saying, without having the lights shining in the eyes of the golfers. perhaps they could be
established on the sides . Mayor Burns SUllcd it would seem to him like it would solve the problem. Mr.
Goble opined that it would. But. Mayor Burns said. he does DOI know whether there is any liability for the
designers or manufacturers of the lights . He asked if the idea was explored of putting the lights on the
side. Mr. Goble said he thought he mentioned tbat to Bob Burgener once and he felt it would be
astronomically expensive. Partially bcc:amc of the depth of the concrete pylons that suppon them. He
said he did not think they were IIIIDCthing thal could ncccaarily be put on cxilling phone poles, although
maybe they could. Mr . Goble said thal Mr . Burgener'• fcelin1 wu that they had to anchor them down so
deep because of the height of them and wind load. and all that. To move them. to re-illllall them would
be just unbelievably expensive. City Manqcr Cwt advised that they did look imo that. He poillled out
that thal is all landfill in there and when we put the net up it was very cxpcnsi,'C. Mayor Bums said he
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January 6, 1997
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underst.ood that putting the net up was also quite an engineering feat and Mr. Clark agreed. Mr . Clark
said that he was not sure why ii didn't work, but that ii may be how the light comes down on the golf
course, he just was not sure, but that option was examined.
Council Member Waggoner said he did not think ii was something they were going 10 decide here tonight
He staled he thought City Manager Clark should look into ii.
Mr. Goble agreed and stated that he did not expect ii lo be solved tonight. Thal he just wanted 10 sec if
they could open up some kind of a dialog with some kind of a rough timetable 10 where they could look
forward lo llying IO do something with this problem.
Mayor Bums asked if they a1e open now. Mr. Goble advised that they a1e open now, that this is the first
year they have operated the theater and they a1e open weekends as weather permits even through the
winter. He said Iha!. of a,ursc, it is not bothering them now because the golf course is not open until . he
thought. early in May. Mayor Bums said he did not know when the driving range is open. that the golf
course is open any time you want 10 play. Council Member Hathaway noted that according 10 the message
on the answering machine the golf course doses at eight. but its the indoor driving range that is open
starting this time of year. So, Mr. Goble said. the outdoor driving range is not a problem 10 them this
time of year and he thought Ibey closed about late September and so ii is not a problem in the winter. Bui
come spring they start getting hil with ii.
Council Member Waggoner asked what causes the shadow on the bottom part of the screen. Mr. Goble
advised that that is just what ii would normally look like from the darkness of night . Mr . Waggoner asked
if the lights don 'I hit that pan of the screen. Mr. Goble staled that they don '1 hit that part because pan of
ii is land and. he thought. pan of ii might be the Santa Fe off ramp there onto Hampden. that is shading
the bottom pan of the screen. Council Member Waggoner said then ii might be if we just lower tbe lights
two or three feet it would shine over the top. Mr . Goble said that is a possibility and that he had thought
of that some time ago. He commented that he is not sure why he didn 't think 10 bring that up as a
possibility now . If they jUSl move those lights down on the poles and left them pointed downward. he was
sure they would not be as happy in a situation like Iha!. with the light projection they get on their field, but
that he thought it was cmainly wonh considering.
Council Member Wiggins asked Mr . Goble if it is not comet thal his tbcatcr is localed in the City of
Sheridan. Mr. Goble staled that it is. Mr. Wiggins asked if they derive the rcvcnue from the theater. Mr.
Goble advised that they do .
Mayor Bums said that perhaps Council can dirca staff' to look into it and sec if there a1e any ocher
solutions and City Attorney Brotzman could respond to Council on the legal side of it as to whether there
is any liability through the manufacturer or designer of the lights. He noted that even though the City
doesn ·1 have a liability under the Govcmmental Immunity Act. it docsn 'I mean you can ·1 talk 10 them. He
said we probably have talked lo them anyway about solutions. about how 10 handle their product. but
perhaps the idea of having them on the side somehow. or lowering them on the poles ICCIIIS like a new
idea. Mayor Bums stated that he thought they would be willing 10 make a good faith effort to try to do
something about this if they possibly can. Mr . Goble uid hc-.ld appm:iale 1h11 very much. He
thanked Council for their time and advised that his phone number and addrea is on the lop pan of his
letter in the packet. He ubd if they had any idea when Ibey mipa hear mmcthiag back. as far as a
preliminary disamion. Mayor Bumi uid he had no idea and ubd City Manager Clark if he knew when
they opened the rmsc . Mr. Clark said he -.Id have IO talk IO them . Mayor Bumi advised tllat staff'
would have to &et back to them as l'ar u when Ibey open the rmsc and when they could &et a respome .
He noted thal he ~ pan o( lhal would prubably be -kind o( COlllinual dialogue with Mr. Goble
and his company . so he would know that anyway . Mr. Goble said okay. Mayor Burm advised 1h11 they
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will direct staff'to get back to Council, at least with some dates and times. right away, as to when wc
would have to reach some kind of solution to this. Mr. Goble offered his thanks and appreciation.
7. N-lledllled Viliton
There were no non-scheduled visitors.
(a) A proclamation honoring Bob Gallagher, District Attorney for the Eighteenth Judicial
District was considered.
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION PROCLAIMING OUR ADMIRATION POR 808 GALLAGHER ON
BEHALF OF OURSELVES AND THE RESmENTS OF THE CITY OF ENGLEWOOD.
Ayes : CGuncil Members Hathaway. Vormittag, Wiggins. Habenicht.
Waggoner, Clapp. Bums
Nays : None
Motion carried.
Mayor Bums stated that this honors Mr. Gallagher after twenty-eight years of service as District Attorney ,
upon his retirement. He said he undcnlands that he is in ill health right now. He advised t he directed
staff' to Uy to find an appropriate time and place to present this to him . Mayor Bums said they would love
to have him come to the Chambers to get it. but that they undcl'SWld that is not possible at this point.
(b)
considered.
A proclamation honoring the Englewood High School Pirates FOOlball Team was
COUNCIL MEMBER BATRA WAY MOVED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION PROCLAIMING OUR SUPPORT AND CONGRATULATIONS FOR THE
"" PIRATES FOOTBALL TEAM.
Motion carried.
Ayes : CGuncil Members Hathaway , Vormittag, Wiggins. Habenicht,
Waggoner, Clapp, Bums
Nays : None
Mayor Bums commented that he was not sure the team WIS notified and Slated that wc need to find an
appropriate time and place to praen1 this prodanwion • well. Council Member Hathaway sugested
they come to pick it up ll the next Council IIIOCling a there wan 't lllyoDC in ICboo1 for the lul IWO
weeks SO it might have been bani to Ff I bold al them . Mayor Bums Sllled it would be nice to honor
them here and he dircctcd staff' to ODlllact the ICboo1 to see if it would be poAib1e for tbcm to be bcrc for
the next regular council l'llecliJlg.
9. ..lllic llariag
No public bearing WIS scheduled bclore Council.
10 . C-CA.-,.
COUNCIL MIMHR BATRA WAY MOVID, AND IT WAS SICONDD, TO Al'PROVI
CONSENT AGENDA mMS II (1) (0 THROUGH (¥1) ON nRST HADING.
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Englnwood City C1N1ncil
January 6, 1997
Page7
(a) Approve on First Reading
(i) RESOLUTION NO. I, SERIES OF 1997
A RESOLUTION DESIGNATING TIIE BULLETIN BOARD IN TIIE LOBBY OF ENGLEWOOD
CITY HALL AS THE OFFICIAL POSTING PLACE FOR ALL NOTICES OF THE CI1Y OF
ENGLEWOOD .
(ii) RESOLUTION NO. 2, SERIES OF 1997
A RESOLUTION FOR REAPPOINTMENT OF JOHN W. SMllll, III AS ASSOCIATE MUNICIPAL
JUDGE FOR THE CITY OF ENGLEWOOD, COLORADO .
(iii) COUNCIL BILL NO . 2 , INTRODUCED BY COUNCIL MEMBER
HAmAWAY
A BILL FOR AN ORDINANCE AIJJ1fORIZING AN !NraRGOVERNMEl'IT AL AGREEMEl'IT
BETWEEN THE BROOKRIDGE SHOPPING CENTER. THE ELLEN L. CLARIDA MADDEN TRUST ,
THE BROOKRIDGE HEIGHTS WATER & SANITATION DIS11UCT AND TIIE CITY OF
ENGLEWOOD, COLORADO .
(iv) COUNCIL BILL NO . 5, INTRODUCED BY COUNCIL MEMBER
HAmAWAY
A BILL FOR AN ORDINANCE AIJJ1fORIZING A GRANT OF WATER LINE EASEMEl'IT AND A
TEMPORARY CONSTRUCTION EASEMENI' BETWEEN TIIE Cl1Y OF ENGLEWOOD.
COLORADO AND TIIE A-Z COMPANY (THOMAS PLATING).
(v) COUNCIL BILL NO. 4, INTRODUCED BY COUNCll. MEMBER
HAmAWAY
A BILL FOR AN ORDINANCE AIJJ1fORIZING THE EXCHANGE OF PROPERTY TO HIGHLANDS
RANCH METROPOLJT AN DIS11UCT NO. 3, PERTAINING TO DR. OHLSON AND 11iE C-470
INTERCHANGE .
COUNCll. BILL NO. I. INTRODUCED BY COUNCIL MEMBER
HAmAWAY •
A BILL FOR AN ORDINANCE AlTl'HOIUZING AN INIUGOVERNMEl'IT AL AGREEMEl'IT
ENTITLED "INIUOOVERNMENTAL AGREEMENT FOR EMERGENCY MANAGEMENT"
BETWEEN V ARJOUS JURISDICTIONS 111ROUGHOUT TIIE ST ATE OF COLORADO AND 11iE
CITY OF ENGLEWOOD . COLORADO.
Vaee.-lb:
Ayes :
Nays :
Motion carriCld .
Council Members Hathaway, Vormiaag, Wiggins, Habenicht. w...-. Clapp. Bums
Nolle I
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Mayor Bums stated he wanted to make a parenthetical note on Agenda Item 10 (a) (iii). He advised that
he talked to Cily Attorney Brotzman this afternoon as the staff memo says there is an addition on the
!!!!!!h side of the Brookridge development. Mayor Bums pointed out that it is on the west side as noted in
the ordinance and in the agreement. He advised that it is only in the staff memo so nothing 1w to be
changed there .
COUNCIL MEMBER HABENICHT REMOVED AGENDA ITEM 10 (b) (i) FROM THE
CONSENT AGENDA.
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (b) (ii) Ull(ili) ON SECOND READING.
(b) Approve on Second Reading
(ii) ORDINANCE NO. I. SERIES OF 1996/1997 (COUNCIL BILL NO. 81.
INTRODUCED BY COUNCIL MEMBER HA 11iAWA Y)
AN ORDINANCE AUl1iORIZING AN INJ'ERGOVERNMENT AL AGREEMENT ENTI1LED "CITY
OF ENGLEWOOD PROJECT AGREEMENT W]l1{ RTD FOR TRANSIT FACILITIES AND
PARKING SPACES TO BE INCORPORATED INTO THE REDEVELOPMENT OF COMMERCIAL
REAL ESTA TE NEAR HAMPDEN AND SANT A FE (PRESENTLY REFERRED TO AS
CINDERELLA CITY)" BETWEEN THE REGIONAL TRANSPORTATION DISTRICT (RTD) AND
THE CITY OF ENGLEWOOD . COLORADO .
(iii) ORDINANCE NO . 2, SERIES OF 1996/1997 (COUNCIL BILL NO . 82 ,
INTRODUCED BY COUNCIL MEMBER HATHAWAY)
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED
"AGREEMENT REGARDING CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL
IMPROVEMENTS ON BIG DRY CREEK AT WINDERMERE. CITY OF ENGLEWOOD -UDFCD
AGREEMENT NO. 96-10 .05 ." BETWEEN THE URBAN DRAINAGE AND FLOOD CONTROL
DISTRICT AND THE CITY OF ENGLEWOOD , COLORADO.
Vau-ata:
A)-cs : Couecil Manbcn Ha!haway. V«miuag. Wiggins. Habcnicbt.
Wagoner. Clapp. Bums
Nays : None
Motion carried.
(i) Council Member Habcnicbl IWed that the ,-she asked that this be
removed from the Consent A,-la. cvai tbougll she believes she docs illlelld to YCCc for it. is that she
understands that when Council wu malting some of the amendments to the development. one of the
things that was brought up by the owner of the propcny was placement of particular tRes. She said she
just wanted to clarify to sec if we have addressed that issue . Ms. Habenicht noted that she undcnwlds
that the placement of trees, that was n:quired at one panicular point in time in the PUD . would be a
hardship on the retailers that haw: spaces. She said she jusa wanted 10 make sure that was addressed .
Mayor Bums said be thought that it was . He said be lhou&ht that the question wu that the tn,cs might
inlerfere with some of the parking.
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Englewood City Council
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Page9
Manager Simpson said he thought her question rc1aleS to some tn:es being placed in the parting lot and
probably blocking some of the R:lailcrs signage. He advised that illllC wu addressed, that it was not
included on the site plan.
COUNCIL MEMBER VORMITIAG MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 10 (b) (I)· COUNCIL BILL NO. 60, ON SECOND READING.
ORDINANCE NO. 3, SERIES OF 1996/1997 (COUNCIL BILL NO. 60, INTRODUCED BY COUNCIL
MEMBER HATifA WAY)
AN ORDINANCE APPROVING 11ffi REZONING OF Tiffi BROOKRJDGE SHOPPING CENTER
LOCATED ON Tiffi SOUTifEAST CORNER OF BELLEVIEW AND SOUTH BROADWAY IN Tiffi
5100 BLOCK, CURRENTI.. Y 1.0NED 8-2, BUSINESS DISTRICT TO A PLANNED UNIT
DEVELOPMENT.
Voteraaltl:
Motion carried.
Ayes: Council Members Vormiuag, Wiggins. Habenicht. Waggoner,
Clapp. Bums
Nays : Council Member Hathaway
11 . Onlia..a, RaoluticNl1 and MotkN11
(a) Approve on First Reading
(i) Dim:tor Fonda presented a recommendation from the Littleton/Englewood
Wastewater Tn:atmcnt Plant SuperviSCJIY Committcc to approve. by motion, a construction contract with
Centric-Jones for the Phase m improYCIIICllts at the Plant in the amount ofS16,879,000. He commented
that they c:onsidcr this a very good bid. in that they have based all of their plans on $19.400.000, so they
would ru:ommcnd approval cl this construction conllaCI .
Council Member Hathaway asked ifCcntric:-Jones has done any wort at the Plant before. Director Fonda
said that he docs DOl believe they have. but they are a very large firm and very well qualified. He advised
they did check their background.
COUNCIL MEMalR BA TBA WAY MOVID, AND IT WAS SICONDID, TO APPROVE A
CONSTRUCJ10N CONTRACT WITH CENTIUC.JONIS ,OR TRI PHASI m
IMPROVEMENTS AT TRI Ll1TLITON/INGLIWOOD WASTIWATIR TREATMENT
PLANT IN TRI AMOUNT OP S1"'79,111.
Ayes : Council Members Hathaway, Vormittag. Wigias, Habenicht.
Waggoner, Clapp. Bums
Nays : None
Motion carried.
(ii) !Clerk 's note : This agenda item wu a rec:ommcndation from the Department
of Administrative Sctviccs to approve , by mouon. a bid award ror phone switch equipment. I
Mayor Bums saaled tbal be wu advilcd this an-tbal this a,eada item should be pulled from the
agenda, that staff' is DO( quite rady ror this yet. 11lal they tboupl Ibey would be. bul lbcrc is more
information tbal mats to be obtaiaed.
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Council Member Hathaway asked if they should !able the item or just pull it. Cicy Auomcy Brotzman
advised thal ii was put on !here by staff so they will bring it back.
This agenda item was pulled from thc agenda .
Council Member Wiggins commenced he would like staff co address what they are going to do wilh thc
old equipmenl when they bring thc item back .
(b) Approve on Second Reading
There were no additional ilerns submitted for approval on second reading . (See Agenda Item 10 -Consent
Agenda.)
12 . Galeral DiKUuicNI
(a) Mayor's Choice
I. Mayor Bums requesled authorization to travel lo Washington . DC for the Presidential
Inauguration . He advised that he received an invitation to the Inauguration and lhe idea is 10 go in and .
once again. contact lhe Congressional delegation. the lobbyists for RTD . and any staff of representatives
or senators on appropriation commiuecs. to look forward to the appropriation we hope to get this year for
funhcr funding for light rail. He noted they had talked about $30 million. but that he understands now it
will be closer to $41 million. because the reqUCSI wt year was for $8 million and we eventually got $3.4
million or a little under $3 million. He said they would like to make that up. Mayor Bums no1ed that he
understands that the House Commillcc they testified before the last time. is the same one we would go 10
Ibis time, which is the sub-<:ommitlce on transportation appropriations chaired by Representative Frank
Wolff from West Virginia. He advised thal thc Scnale Transponalion Conuniucc for Appropriations has
changed. Scnalor Hatfield used to be thc chair and he has ra.ired. so Senator Shelby is the chair. Mayor
Bums noted he is not sure which stale he is from. bul thal he has asked lo lry lo speak lo him. or his staff,
when he is there . He said they are crying to arrange that Also. he staled. as he mentioned to Council at
the Study Session. he appeared at thc swearing in Coday of Diana DeGetle and she is very supponive of
lighc rail funding . In fact she said in her remarks that she wanted full funding for thc light rail . Mayor
Bums commented thal he would like to mccc some of her staff. He noted he was informed that
Representative Schaefer's staff' member on transportation is changing and there is a new staff' member
coming on board. He said he would like lo mccc thal person. Scnacor Campbell has been supponive of us
recently and. he advised. he would like IO sec who he could contact . possibly . on his staff. Mayor Bums
staled that he C\'Cfl asked ifhe could mccc thc new Secrewy ol"Transportation. Mr . Slacer. buc he doesn 't
know if that is possible or not . He said he will mccc wilh thc Jefferson Group, the)· will be making these
arrangements through the lobbying group for RTD and will line oul wbac thc process is for approval of the
hght rad funding Based on that premise. he said. he would go in on Thursday ol next week and thc
lnaugurauon 11 on Monday and Friday is Che nexc busineu day before that. He noted a loc of people are
comtng and gotng, that there are a loc of" staff changes. He said he would also like 10 sec if he could
contact somebody on Senator Allard 's staff. So . he noted . Chey are going 10 do the best they can 10 meet as
many people as possible during that day by arrangemenc through the Jefferson Group . He said. based on
that , he 1s asking Council 10 allow him 10 go 10 the lnaugunlion.
Council Member Hathaway commented that. hiving been co thc Inauguration four years ago in her
capacicy • Mayor Pro Tern at thc lime , 111d no1 hiving uy ol it paid ror by lhe Cicy. she requested that
they put llus down as not just IUlhoriziq lhe Mayor to go to lhe IIIIUplnliall. but audlorizing thc Mayor
to go on a lobb)1ng trip. Mayor Bums said thal -fine . Becaulc. Counal Member Hadlaway said. sbe
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had some concerns about the fact that ii may look like it is because he is a Democrat and not because he is
the Mayor necessarily . She stated she feels it is appropriate that be goes, as long as be is doing the
lobbying efforts as well, because, she commented, as far as the Inauguration is concerned, he will not get
much done .
Mayor Bums stated that, if be was just going to have a good lime, be would not ask Council to send him.
He did not think that was appropriate.
Council Member Habenicht commented that she, too, has a concern, because it feels to her like a partisan
kind of thing, rather than a municipal kind of thing. If the lobbying is extremely imponant and valid lo
do , she felt that we should pay for that. But, she said, maybe the better time to do that would be when
people would be more accessible. not during the transition lime . So, she stated, she does have some
concern about that. Ms . Habenicht opined that the efforts that Mayor Bums has put fonh and the good
vibes that we are developing with our representatives and all of that, are extremely, extremely important.
She said she really believes these are two different issues and two different things and she really did not
think that this is the best time to do all of that lobbying. Ms. Habenicht stated she has some concern about
that.
Mayor Bums explained that his thought about that is, if you can meet the new staff members as they are
coming on board you will establish some rappon with them before we go in to testify later on . He said he
thought that would be helpful. rather than coming in later where we don '1 know them before we get there .
That is of course. he pointed out, premised on the ability to do some good and to meet them . They seem 10
think it would be helpful 10 be there . Mayor Bums said he understands her concern. that he does not want
to go in there and not have the ability 10 make some important contacts. renew some contacts we already
have and see ifwe can't son of get ahead of the game a little bit before we go in there again . He stated
that is the main objective of doing this.
Council Member Hathaway staled that, along those lines. having been there and having had to scrounge to
get tickets and things like that, too. and having to pay for them bcnclf, that she would sugesl the City
pick up the tab for the airfare, lodging and food allowance. but not pick up the tickets and the IUX rental .
She explained that she consiclcrs that more penonal in natuR. and she fdt that should be out ol bis own
funds . Ms . Hathaway commented that if the Mayor attends the Inaugural Ball he will not be getting any
lobbying done, that he will meet a lot of people. but he won't get a lot of lobbying done . Discussion
ensued. Mayor Bums stated that he does not have any objc:ction to that.
Council Member Hathaway commented that she had an invitation also . Consequently. she said. that is
why she has mixed feelings. that she also has a place to stay when she would get back there, so that is not
a problem. She noted she just has no desire to go at this particular point in time, that once was enough.
Mayor Bums noted that one thing we have here is thal we have an on-going project with a Federal
contraet . He staled we have to renew and make tlae COllll'lctS in order to continue 10 have this funding
and that gives him the opportunity to meet people while he is in there. Mayor Bums said tbal if we dido ·1
have something like that going for the City there really wouldn't be a reason to go back and see the
congn:ssional delegation. just on some general ilemS that affect municipalities. He said that frankly he is
hoping that if he can get a good repon from being there he will come back on the afternoon before the
RTD board meeting, where they vote for the chair. He staled he would plan 10 go down there and speak
on behalf of the City and our light rail line and hopeflllly have some good information that he can relate to
staff' and 10 them.
Responding to Council Member Hathaway, Mayor Bums conftnncd that he will be coming back on
Tuesday.
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Council Member Habenicht said that she would just pose one other thought and that would be the
partisanship of a Democrat going to a Democratic Inauguration to visit the Republican delegation. Again,
she Slated, she is really concerned that wc arc doing the very best wc can for the City. She said she
believes that they arc and she agreed with Council Member Hathaway's suppon, ifit is important to do
that and be bas done ground wort in the background. with setting these people up ahead of time as if it is
going to happen, that she ccnainly docs not want to cmbaJTass him or the City. So, she noted, she wiU
suppon it, but she thought it might not be lbc best time.
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
AIRFARE, LODGING AND FOOD AS PRESENTED FOR MAYOR BURNS' TRIP TO
WASHINGTON, DC FOR THE PRESmENTIAL INAUGURATION.
Council Member Wiggins Slated that he totals those costs to be S 1.387 .
Ayes:
Nays:
Abstain :
Motion carried.
Council Members Hathaway, Vonnittag, Wiggins, Habenicht
Waggoner, Clapp
None
Mayor Bums
Mayor Burns thanked them and said be hopes be can give a good rcpon when he comes back .
Council Member Hathaway suggested that he COlllaCI the local offices before he goes, as it will make his
life a lot simpler once he gets there. Mayor Bums advised that he talked to Diana DcGcne's local chief of
staff, but their office in Washington is being set up right now . He noted that is a good suggestion. Ms.
Hathaway said that way once he arrives it will make more bcncfic:ial IIIC oChis time on Friday. bcc:ausc
you can bet it is in turmoil . She commented that it won't be as bad a turmoil as lasl time. because they arc
not totally changing administration, but that it is a very bcai<: place during inauguration time and it is
very bard to even get into the offices once you i-through security. Thal is wby. she said. she suggcslcd
he make appointments before he leaves. Mayor Bums said that is the whole idea of going through the
lobbying group. because they arc right on site and that is where be hopes he can really make some specific
appointments through them.
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Mayor Burns noted that one other item that bas been Wider discussion and they son of got briefed on,
which was brought up bccalllC Martin Luther King Day is coming up and our City docsn 't recognize that
holiday. But wc do l'CICOgnizc things like New Year's Eve, which he undcrslands very few cities do any
more. Mayor Burns advised that this is pan of our ncgotillions with our conuacts with our labor groups .
So , the idea. the next time this comes up. is to talk to them about swapping some of the days. He noted wc
also have the day after Thanksgiving, which a lot of cities don't have. that wc have clcvcn holidays and a
lot of cities have nine. bccalllC they don't have the day after Thanksgiving and New Year's Eve. So, he
said, there may be some change wc can make without costing the City any money, but l'CICOgnizc Martin
Luther King Day instead of some of these other things that very few cities do any more.
Council Member Habenicht commented that she thought that -a marvelous idea and she thanked
Mayor Burns for bringing it up and she fell that anything we can do to bdp cocourqe that would be very .
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Council Member Vonnittag said that as a matter of fact some of the employees mentioned that to him.
Mayor Bums said it was also mentioned to him. He noced that he talked to the City Manager at Cherry
Hills about that and he said that tbeY just have a very diverse wortforc:e and tbeY thought tbeY should do
that. Mayor Bums opined that we should maw: to do that. but thal he understands that tbeY have to do it
basically when the oontracts come up and make it part of negoliation.
Council Member Hathaway noced that the Slate of Colorado used to allow you a flexible day, either after
Thanksgiving or after Christmas or New Years. She Slid you had one day that you got to cboose and she
thought that you could extend that option to Martin Luther King Day if you wanted to give the option of
four different days tbeY could take or whatever. She pointed out that that way you could keep your City
staffed too, because you might be able to keep the City open. Mayor Bums said his thought on it is that
Martin Luther King Day is a little bit more important than whether you can shop the day after
Thanksgiving, that you might put that on a little bit higher plane. Council Member Vonniuag said or
even New Year's Eve. Mayor Burns said. regarding New Year's Eve, that when he talked to Slaff and
City Manager Clark about it. they were almost embarrassed that tbeY weren't here because almost no
other city does that anymore. Council Member Vonnittag noced that he heard it on the radio. they said
that the only city that is closed is the City of Englewood.
(b) Council Member's Choice
(i) Council Member Hathaway:
I . A resolution specifying Aid to Other Agencies for 1997 was considered.
The resolution was assigned a number and read by title :
RESOLUTION NO. 3. SERIES OF 1997
A RESOLUTION SPECIFYING AID TO 01HER AGENCIES FOR 1997 BY 11-IE CITY OF
ENGLEWOOD. COLORADO.
COUNCIL MEMSER BA TBA WAY MOVED, AND IT WAS SECONDED, TO Al'PllOVED
AGENDA ITEM 12 (11) (I) -RESOLUTION NO. J, SERIES OF 19'7.
Motion carried.
Ayes : Council Memben Hathaway, Vormittag. Wiggins, Habenicht,
Waggoner. Clapp. Bums
Nays : None
Council Member Hathaway asked whether we were going to provide certificates to these people like we
have done before or are we just going to send them their c:bclcb this year . She Slid she was awan: we
have not bad a whole lot of turnout the last few years, but she fdt it was because it is so close after the first
of the year. Ms . Hathaway thought it might be beneficial to try to aJlllaCt some of these people as well
and see if they can show up on the meeting on the 20• to receive their c:bclcb . Responding to Mayor
Burns. Ms . Hathaway suggested we contact them ahead of time. Mayor Bums Slid sure, that he didn't
know why we couldn 't do that in the meantime . Ms Hathaway Slid if we don't get a response then we
don 't have them on the agenda. But. she said. as there is a new diRCIOr of Inter.faith, and diffemtt
things are happening II Meals on Wheel s and Galcway , maybe we need an updalejlllt to know who these
people are if nothing else.
Council Member Habenicht said she though& it migbl be intcrating too, becaute _..,.;mes wbca we have
people come here to give them a proclamation or the like..: don 't really have anything planaCld. a
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Pace 14
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n:ccption or the like. that maybe it would be interesting IO have maybe five or six or seven different
Council members go to their i-nt meetings and give a prcscnlalion. She commented that that might be
more meaningful to them and that Council nmbcl' might learn a lot more too, that that might be a
different way of handling il Council Member Vormittag ukcd if they would present them with tbc
chcc:l. Ms. Habenicht said yes. Mayor Bums said that is a good idea. that we could see how many would
want us to do it that way .
(ii) Council Member Vormiaag wished Mayor Bums good luck with his trip and
hoped things go very well . He said he -n:ally excited about him going. Mayor Burns commented that
he takes seriously wbal Council Member HadlaMy said, thal he n:ally bas IO prearrange IO do some good
when he goes back then:. Mr. Vormiuag DOied he was looking forward to seeing his n:pon.
(iii) Council Member Wiggins :
I . He wondered if the City could call or send a little nolC to South Suburban Parts and Recreation
to remind them of their n:spoasibilities for snow removal since they now have a sidewalk on Belleview on
the nonh side. He comtllCIIICd that they an: not maimaining it al all when it gets snow and it cspccially
ices up over then:. Mr. Wiggins said he notia:d they were in downtown Littleton today cleaning their
walks off. that they just nml to know that they have another area to clean .
2. He commented that the C-470/McClcllan Interchange is getting quite a bit of publicity. He said
it was in the Rocky Mountain News today . He said he understood the Denver Water Board has to pass on
some request and he asked Director Fonda how that looks.
Director Fonda advised that he has no idea what the Denver Water Board will do. but he would be going
to the meeting tomorrow morning .
Council Member Wiggins noted that the gentleman that had the anicle in the paper today had indicated
that he thought it would go through. but they sure: an: putting a lot of aniclcs in the loc:al paper so he
imagined it would be heavily aucnded by the opponentS against it.
Director Fonda said yes. but he thought Highlands Ranch would be then: and Englewood would be then:.
that he was not sun: if LiUICIOn will be then:.
Mr. Wiggins said he was just aarious and if Director Fonda could keep Council current he would
appreciate it.
3. He commented that he noticed an article in the newspaper on December 1,-about a Supreme
Coun ruling that investors had IO return profits despite loss. but one aniclc indicated the Fcdcral
Bankruptcy Coun upheld an argument that invalors were molivatcd by greed and should have ~ tbc
scheme was fraudulent because of high rates of n:nam . He ltalCld it just brings home the URA situation ol
high yield bonds and stuff like that . He said he thought it wa quite interesting. and if they sedL coun
remedy on the thing. he thought they were buting up the wrong tree.
(iv) Council Member Clapp said she WII wondering if Council could IC( an updllc
on what is going on II Duncan Part. She advised she received uothcr phone call tadly on thal. City
Manager Clalk advised thal tbc last he heard WII that tbc Eqlcwood Schools -in nc,acillioal with a
non-profit entity that wanted IO set up a day can: center there . He said they will check and pvc Coum:il
an update .
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Council Member Clapp asked that he also look into whether there is an agra:ment, what type of
agreement we have oonceming our public bathrooms there. And if they rent that building out what would
happen to the public bathroom? Do we have to build new ones or we would just not have any? City
Manager Clark asked if this would be an agreement between the City and the School Distrid. Ms . Clapp
said that is right.
(v) Council Member Waggoner:
I. He asked if Council ever appointed anybody to the EDDA in Council Member Clapp's place. He
said he didn't think they did. Council Member Hathaway said she thought they bad unofficially
designated Council Member Waggoner, that it has been discussed.
Council Member Waggoner said he did not think it was ever appointed .
Mayor Burns asked if they have a board meeting tomorrow night. Council Member Hathaway advised the
meeting is Wednesday at S:00 p .m . Council Member Waggoner said that was his understanding.
COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO DI.SIGNA Tl.
COUNCIL MEMBER WAGGONER AS COUNCIL'S REPRESENTATIVE MEMBER TO THI.
EDDA BOARD.
Mayor Burns noted that they are meeting at S :00 p. m. which is not their usual time. that they have met at
noon for years, but they have acx:ommodated Council Member Waggoner's schedule by moving their
meeting to S:00 p.m.
Ayes:
Nays :
Abslain:
Motion carried.
Council Members Hathaway. Vorminag. Wiggins. Habenicht
Clapp, Burns
None
Council Member Waggoner
2. Council Member Waggoner advised he has bad a couple of complaints from citizens in his area
about water tasle. He asked if something has happened II the Waler Plant recently . Director Fonda said
not that he was aware of, but that he would check on it.
Mr. Waggoner asked if they can be assured that the new improvements clown there wiU take caR of that.
Director Fonda said that he was sure they will .
Director Fonda uked that when they call Mr. Waggoner with axnplaints. that he uk them to call in and
the City will send someone out. He said it is imponant to know if it is a local distribution problem or
something they arc experiencing in general.
3. He said one olthe things that came up II the 1ut meeting~ EDDA. the Chamber of
Commerce and tllc City repracDlllives. was the Gotllic 11lcalcr property. He advi9cd it was the gcnera1
C0111C111US tbll all three groups should do whatever they can to Fl PDCCbing IW1illd al that particular
pn,pcny . And to follow tbrougb with a propoal that IOllldlody bad made to EDDA. since that wu in the
boundauy oltllc EDDA. Council Member Wqgoaer DCMCd tbll llc would like City llaff"to give III a little
report on wbal we can do °' bow we can promote the bct1cnnenl ol that property.
City Manager Clart advised that we have looked into that. EDDA bad prcsentCd that to us and II the time
we were told by EDDA that that was not in their dillrict. So. he said. we did mme preliminary clue
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diligence. There was an inlCl'CSled investor, inlCl'CSted in the property, the pcnon has no a>ntrol over the
property or whatever. Then, he noted. the issue came up tbat perhaps ii was in the EDDA district and wc
checked inlo ii and last week wc sent EDDA a lener indicaling 1h11 it was in their district. Mr. Clark
staled that since they have shown quite a bil of illlCral in it. wc have suggcslcd !hat they lake the lead on
developing the project He advised thMI as far as any City imolvemcnl is aHICCnlcd. our preference would
be for EDDA 10 outline what Iha! would be, perhaps in lhc form of a proposal or something like Iha! and
thcn present Iha! 10 us. In addition. wc have off'cnlll to tum ewer any prclimina,y due diligence
information Iha! wc have on some of thc property ownerships in thc area lo thcm.
Council Member Wiggins asked how implosion sounds. as he commcnlcd that thal is thc rottenest looking
eyesore going down Broadway.
Council Member Hathaway asked City Manager Cwt to research and make sure Iha! WC didn't al some
point in lime suppon somebody's designation for a historical designation on that site. Council Member
Wiggins opined that ii is a junk pile. Mr. Clark thought Iha! wc checked inlo it and 1ha1 ii did not qualify.
He advised Iha! that was pan of our due diligence. that wc did some checking 10 sec if wc could get it
designated He noted that was within lhe last thiny lo sixty days and it docs nol qualify for designation.
Council Member Wiggins said that was good.
Council Member Habenicht said thal ii is her undcnlanding !hat !here have been a number of private
concerns that have been interested in acquiring !hat properly because of the high viability of having an old
theater and doing things with ii. So, she noted she disagrees with Council Member Wiggins that she
docsn '1 think it should be imploded. that is should be cxplon,d like the depot. !hat ii is one of those
treasures that this community has Iha! lhcrc arc people inlercSlcd. Sbc said ii is a diamond in thc rough
that somebody needs 10 stan polishing and !hat anything wc can do 10 help thc private SCC1or do that
would be good .
Council Member Wiggins commented Iha! he has seen ii sil lhcrc for eighlCCn years and nothing has been
done. He opined lhal if anybody was really, sinccrcly out lhcrc he would think they would come forward
and really go with it. that they just seem 10 be silting back.
Council Member Habenicht said ii is lhc private owacrship 1h11 has been lhc stumbling block, the owner
has 11111 wanted 10 pan with the building. Council Mcmbc:r Wiggins staled Iha! money lalks.
Mayor Bums noted they talked aboul that at their meeting and he understood !here has been some more
done by EDDA staff on land S\WPl)ing for puking and III fonh . He said he fdt City Manager Clark was
right. thal thc gcnllcman docs not have an option. he docs not control the propcny, but he was lalking
with EDDA about having the City actually pun:hasc parking so he can make up his mind as to whether he
wants to become interested. Mayor Bums CODIIDCIIICld tluil that is son of getting the can before the horse.
City Manager Clark said he felt Iha! iflhcrc is any iatcrcsl with the City. that wc think they arc going to
want the City to provide some funding or something in the realm of land acquisition. So, he said. our
feeling is Iha! once EDDA has had a chance to wort witb this and if they feel they want the City to
acquire it or they have their own funds lhll lhey caa do-land Kquisition OUI of their own budget.
But certainly. he pointed out. lhcrc arc a lot of a,apctiD& pn,jeCls. other capital projClcts out lhcR. He
nolcd Iha! one of the -they pvc this to EDDA is becllllc WC have • prcny full plalc and did not
feel WC could give ii the anention and priority EDDA CM. ~. if ii is in the cards tbal EDDA waDIS
the City 10 be active in it. from the atandpoilll ol-.y, dlca it is iltlpOllalll lhal they put IOpther the
ncccssary proformas and a proposal 10 us so lhal wc can wort ii into our five year capital i~CIDCIII
planning and operating budget proc:as .
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Englewood City Council
Juuary 6, 1997
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Council Member Waggoner said he does not have a problem with that. that he thought one of the
important things they discussed as a group, the people meeting representing the three groups. was that
this is an important time for the City ofEnglcwood and it is very important that all tJm:c groups worlt
together for the betterment of Englewood. Mr. Waggma said he feels it is very important in these times
and whatever any of us can do. he feels it behooves us to work together and work togclhcr closely on the
development of any potential project.
Council Member Habenicht said. based on the EDDA and the jurisdiction of where it falls, lhat this is the
second time in the last couple af ._lhs lhal we have bad a misundentanding over the appointment of
one our rcprcscntativcs lhat is or is not in the Dislrict and --are not sun: if the Gothic is or is not in
the District. She commented that she is really concerned about thole questions. about whcf'c the District
lies and that it seems to her that that should be pretty cut and dried. She said she is amfuscd that this is
the second time now that we ha\'e had an cmbarrassmcnt of this kind.
City Manager Clark said that his recollection is that the District boundaries arc laid out in the ordinance.
He advised that what had happened is that EDDA facilitated a meeting with this in\'cstor and he and Bob
Simpson were invited to the meeting. At the meeting the EDDA rcprcscntative stated it was not within
the EDDA District and we acccpled their word at face value, assuming they knew where their District was
and went back and staned working on the project and wc didn't check the ordinance or the boundaries
ourselves. Then when we heard there was some discussion out of this three party agreement that may be
in the District. we went back and checked ii and sun: enough came to the conclusion ii was in the District
and wc were fearful that perhaps we were getting on somebody else's turf and if they were interested in
pursuing it and certainly ii was a much higher priority to them . So. he said. they decided at that point. in
the spirit of cooperation to hand the project OYel' to them and lei them take the lead on this and at some
point they can identify or aniculate and get a proposal to the City as to what our role is.
Mayor Burns asked if we clarified whether the appoillbncDl -a problem or not. for that one member of
the Board . Council Member Habenicht said she lhougbl it -a problem . Council Member Hathaway
thought they had taken him otr and appointed him to PluaiJlg and 2.oning. Mayor Burns thought they
appointed him to Clean. Green and Proud . Ms. Hadlaway said lhat was right. he was appointed to the
Clean, Green and Proud Commission. Ms. Habcaic:ltl med iflhal meant they have a vacancy . Ms.
Hatha,.-ay confirmed that EDDA does have a vacancy .
Mayor Burns said he was not sun: if it was undcnlood • dlcir lalt breakfast whether he was on or off.
City Manager Clark ad\'iscd lhal they believe be is oil dial be. Mike Dilalusb is not qualified. He noted
they did some checking and City Anomcy Brotzmu ~ u apillioD dial he was not qualified 10 be on, so
we need to rq,lacc him .
Council Member Clapp med if we WCIII back and lomed • die Board members ud how that is laid out
currently. thal ~· had to be prapcny OWllel'S or rcsick wain die Dnlnct. Or, Counal Member
Hathaway advised. have some busiacss illlCl'ell ia die Dasanct. C11y Maaa,cr Clark tllougbt they had
chcacd cvcryoac and ~~ cl1e -okay . Cily Aacncy Bnltzaaa cxplaallcd lhal there is a dual 1es1
under that onc . thal cveryonc either has to r'Cllde or be a .,__ CJMICI' in thal Dl1lna ud then there is a
higher lat. whcdlcr ~· actually tM-n tlleir ~ or lllll. c-:il Member Clapp aaod if they all
qualify . City Attomcy Brotzma11 said yes.
Mayor Burm aaod if we are lm'ing the people wllo U\oe applied PftViously b a position to ICC if we
1-'C other polClltial appticuu. City AIIOl'IIC)' a-aid dial is a FOCI .... lhll -should pre-
qualify -people to make aue dial dial is tnic. c.o-:il Malber Hldulway IIMICll dial EDDA bas
UWll)'S ~ them ud .. die IUD 1 SM 90 Cwil. But. 111c aaled. 111c is DOS sure if
Couacd has dial included in their normal rOlllld afbaMI Md ooamiaion appoiw-. SIie COIIUIICllled
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thal they have DOI llcanl ~ Ina EDDA lllal says they would like to rccommcnd the following
people. Mayor Bums pomled-dial dlcy ton albrakc with tradition last time when Council appointed a
aiuplc new mcaeers. c:-:il Malllcr Haduiway OCIINDCIMCd t11a1 he said he was interested and they
lhought he liwd an die Dulnct. Mayor Burm SlalCd they llihould cbeck and sec if they have qualified
people on the cum:n1 Ii•. He aid lie lllillkli dlcy have board and commission interviews coming up again
at the end al this -ii. c:-:il Mclllber ~ aJIIUIICIIICd that it might be beneficial to mention
that at the EDDA meeting lhll wc iad their RICOIIIIIICIICI.
Coone; Member Clapp aked if Mayor Bums is still aacnding the EDDA board meetings. He indicated
he attends them ifbc is available. dial rigltl -lie bas a conflict on bis calcnclar for next Wednesday and
he will sec how thal works out. Mayor Bums added 1h11 if Council Member Waggoner is the
rcprcscntative that that is the bigcst pp to fiU .
Council Member Clapp asked if they wm: going to continue to have the meetings with the Chamber and
EDDA . Mayor Bums said yes and DOied that they have the second one coming up and they will decide
from there how often the)• nccd to meet . They might only meet once a quarter and they might bring staff
in to discuss some more. Mayor Bums advised that one of the things they talked about last time is thal
there were complaints of Ciiy staff not responding 10 EDDA when they promised to and vice versa.
Mayor Bums said be asked if anybody memos any of this so they make a request and set a date. He
commented thal nothing appears to have been written. The agrccmenl was thal they would have memos
from now on bctwccn these entities as to who requcsted what. when and when was it suppose to be
responded to . He opined that that promotes compliance more than anything else. But to have no record
of anybody 's request and then complain about it later is really confusing when you arc coming in from the
outside because you don't know whclhcr people have complied with a request or not. Everything is oral
and in everybody 's memory. He opined that that is very poor foundation to Uy to keep track of your
requests. The other thing they agreed to look into. he advised. is whctbcr they can publicize their
different events, like EDDA events be publicized in the Chamber bulletin and vice versa. so they could
suppon each other in advertising their partiadar events. Council Member Hathaway noted that they used
10 do that. Mayor Bums said the idea is to better the relations between tbcsc two entities and that the
breakfasts have been productive so far. He thought that communication and establishing some lnlSI there
is probably well wonh it at this point.
Council Member Waggoner felt that, really. the imponant thing was that the Chamber finally found out
what EDD A was about and vice versa . Mayor Bums agreed, noting that it was very iDICl'CSling, that he
was ,•cry surprised about how little tbcsc two entities really knew about each other. He mentioned that the
new president of the Chamber and the chair o( EDDA bad never met and both, he thought. have been in
this communily for a aiuplc of decades . Council Member Hathaway commented that they have just DC\1Cr
had an occasion 10 cross paths. it just secnn llnllgc.
4 . He said he would guess that. aa the Excc:utive Session tonight. Council would get a little updalc
on some of the things. He commented thal it -,ems like it is about time thal they get together with IC\-cral
groups and just set down and do a session about l1lde\dopmcnl of the area ofCiadcrdla City. He Sllled
he is talking about Clarion. RTD . the Couacil and Equilablc. Jllll to sit down and say wbcrc an: we ,
where arc we going and bow ful is it goia1 to happen . He commented that ii seems to be taking fcftvcr .
He fell that they should Iii down and have a ,ilOd ICSSion ud a qucSlion and answer period . He said be
didn 't know how the rcsa ol'Council fell Council qrced with Council Member Waggoner. Council
Member Vonnitug and Council Member Hadiaway lilalCd dial it -Ion& O\'Clduc
(vi) Council Member Habcnicbt said sbc wanted to iadicale, 1a rdcrcace 10 Council
Member Wigins bringing up South Subwtu. that she fdt ii is imponanl to m::opm bow ICllsiti\'C our
Council is to an entity that is in Sheridan in ICl1IIS al how lipliq affoc:ts thal busi-. SIie -bopdial
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Ee&iewoed City C-'1
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dial Solllla s.i--will be• -.itM: to the aceds al our awn ·1y aad oar acipbarliaodl witb -
al the dlUlp ... dleir lipling ii doing in thole ball fields ud die ligllt to -at ... aeipbon.
HopcfuUy, Ille, _n 1 -are being good modds.
13 . City .............
(a) City Mwaa' <lmlt l'OClllD+men iWI COUDCil go ialo ElleclllM Scaion in+mntillely
fDllowil+& die qalar City c-il meelilla to --line ral -mMlen.
Mayor Balm lilUd iftlley wld lllD be diecvei91 w pcr...i w . City Ma-,er an aicl no,
... tlley 11111 aheldy di.-.1 it 1l8ller Mayar's Cllaicc.
COUNCIL IIIDDU WAGGONU M0VU. Alla ff WAS UC0NHD. FOil COUNCll. TO
GO IN10 l:DC1JTIVS Sl:SSION DOIDNA'ID.Y 110LLOW1NG THE UGUL.Ul CffY
COUNCll. 111:rnNG TO DISCUSS 1'IIIIU UAL aTAft MA1TDS.
Molioa carried.
A)'CS: a-ii Mellllben Hallaway. VOlllliaa&, Wiggins, Habenicht,
w...-.0app.a..
Nays : Nw
14 . City A...._,., ......
Cily Aaomey e,.,._ did liCll ~ uy mMlell to briDg l+doR Couacil .
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~BA-WAYIIOVU10 ........... ---•UO~a
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PRO C LAMATION
WHEREAS , the National Society of the Daughters of the American
Revolution des ignates February as American History Month , a time set
apart to promote the s tudy of American Hi story ; and
WHEREAS , American hi story is filled with significant events and s tories
of brave e xplore r s and settle r s who struggled to found a nation that
e mbraced co nce pts of libe rty a nd o pportunity; and
WHEREAS, the U nited State of America has a chieve d the s tatus of a
great nati o n through the d e dication of individuals, both Native Am e ric a n s
a nd those from co untries throughout the world ; and
WHEREAS. Am erican citize n s s hould take pride in our nation 's
achievements, continue to protect our heritage and remember the
importance of fr eedom , e quality. justice and humanity in our daily liv es;
NOW THEREFORE. 1, Thomas .J . Burns. Mayor of the C ity of Englewood.
Co lorado . h e r e by procl ai m s the month of February 1997 as:
AMERICAN HISTORY MONTH
in the City of Englewood. Colorad o a nd urge a ll Englewood residents to join
in r ecogni z in g our nati on '~ h e ri tage a nd hi tory .
G fVE;,1 unde r m y hand a nd 'ea l thi 20th d ay of January, 1997
Alexandra Ha be n ic ht, Mayor Pro T ern
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PROCLAMATION
WHEREAS , the National Society of the Daughters of the American
Revolution designates February as American History Month, a time set
apart to promote the study of American History; and
WHEREAS, American history is filled with significant events and stories
of brave explorers and settlers who struggled to found a nation that
embraced concepts of liberty and opportunity; and
WHEREAS , the United States of America has achieved the status of a
great nation through the dedication of individuals . both Native Americans
and those from countries throughout the world; and
WHEREAS , American citizens should take pride in our nation's
achievements , continue to protect our heritage and remember the
importance of freedom , equality , justice and humanity in our daily lives ;
NOW THEREFORE , I , Thomas J. Burns, Mayor of the City of Englewood ,
Colorado , hereby proclaims the month of Febniary 1997 as:
AMERICAN IDSTORY MONTH
in the City of Englewood, Colorado and urge all Englewood residents to join
in recognizing our nation's heritage and history .
GIVEN under my hand and seal this 20th day of January, 1997
Thomas J . Burns , Mayor
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COUNCIL COMMUNICATION
Date Agenda Item
January 20, 1997
10 a i
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Subject
RTD Intergovernmental
Agreement with RTD for City
Ditch Piping
INITIATED BY
Utilities Department
STAFF SOURCE
Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None
RECOMMENDED ACTION
Council approval, by ordinance, of the Intergovernmental Agreement with RTD regarding the
piping of the City Ditch.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Regional Transportation Distrid will need to move a freight rail track that crosses the City
Ditch between Ridge Road and Mineral Ave. After the freight rail is moved, RTD will install
two light rail tracks over the City Ditch.
In order for this project to proceed, the City Ditch will need to have a 54• reinforced concrete
pipe Class V installed prior to the ditch opening on April 1, 1997. Included in the project will
be jacking of approximately 60' of 54• RCP Llldef' the east freight rail and installation of
approximately 50' cf 54• RCP for the Phase I Project. This will enable RTD to complete the
freight rail relocation prior to the installation of the light rail tracks.
After the irrigation season in November, 1997, the remainder of the 54• pipe and strumns
will be installed conneding the pipe to the S . Santa Fe box structure. The 60' cf jacking is
necessary since the existing 4 each 36" steel pipes are not conducive to future flow
requirements of the City Ditch. The existing pipes are over 60 years old and were not
installed at the identified proper grade. Maintenance concerns also may arise with the
existing structure .
FINANCIAL IMPACT
Englewood's share of Phase I will not exceed $50,000.
UST OF ATTACHMENTS
Ordinance
Intergovernmental Agreement with RTD
RTD Project Plan
Railroad approvals
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ORDINANCE NO . _
SERIES OF 1997
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BY AUTHORITY
A.BILLPOR
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ODUNCILBILLNO. a
INTRODUCED BY COUNCIL NWMB _____ _
AM OIIDDIAMCB A.tJTIIOBIZDIG AM DITBIGOVBBMIIBMTAL A.GRBBIIBNT
ENTITLED "CITY OF ENGELWOOD PROJECT AGREEMENT WITH RTD FOR
CITY DITCH PIPING" BETWEEN THE REGIONAL TRANSPORTATION
DISTRICT (RTD) AND THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the Regional Transportation District will need to move a freight rail
track which CJ'0888ll the City Ditch between Ridge Road and Mineral Avenue; and
WHEREAS, after the freight rail is moved, RTD will install two (2) light rail
tracks over the City Ditch; and
WHEREAS, in order for the RTD project to proceed, the City Ditch will need to have
a 54" reinforced concrete pipe Cius V, installed prior to the City Ditch opelUJll on
approllimately April l, 1997; and
WHEREAS, included in the project will be jackinc af appnmmately 60' of 54" RCP
under the eut freicbt rail and the installetim of apprcmmat,ely 50' of 54" RCP for the
Pbue I Project wbic:b will eDable the cmapleacm of the freipt rail relocation prior to
the inatallatiOD of the lilbt rail tncu; and
WHEREAS. after the irription-in N-1,er, 1997, the remainder of the
54• pipe and RnlCturN will be iDlltaUed CCIIIDIICtin, the pipe to the South Santa,. bas
ltructure; and
WHEREAS, the 60' of jaclr.iDc ia -.ry aince the aiaaa, 4 each 36" at.NI pipea
are not conducive to future flow requinmenta of the City Ditch; and
WHEREAS, the matiq pipes are over 60 ,-n old and wwe not iDlltaUed at the
identified proper ,rade and maintenance CODCerm may ariae with thia type of
,tructure; and
WHEREAS, the City ofEn,lewood'1 lhare of Pbue I will not aceed l50,000;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 1111! CITY
OF ENGLEWOOD , COLORADO, AS FOLLOWS:
Soc;tiop 1. The lnterpvernmental A,rNment ~ the Beponal
Transportation Diltrict (RTD ) and the City of Eqlewood. Colando, a&tal:bad bento
u "Exhibit l ," i8 hereby accepted and approqd by the Bapwood City Council.
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Sactigp 2. The Mayor ia autborized to~ and the 'City Clerk to attest and Mal
the Intergovernmental Agreement for and on behalf of the City of Englewood,
Colorado.
lntroduc:ed, read in full, and paued OD &nt readin, OD the 20th day of January,
1997.
Publiabed as a Bill for an Ordinance OD the 23rd day of January, 1997.
Thomas J. Burns, Mayor
ATTEST:
Loucriahia A. Ellia, City Clerk
I, Low:riahia A. Ellia, City Clerk of the City of En,lewood, Colorado, hereby certify
that the abaft IDd foreauilll ia a true copy at a Bill fDr an Ordinance, introduced,
read in full, and paNed OD fint readin, OD the 20th day at January, 1997.
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EXHIBIT J
CITY OF ENGLEWOOD PROJECT AGREEMENT
WITH REGIONAL TRANSPORTATION DISTRICT
FOR CITY DITCH PIPING
Agreement, made this __ day of , 199 _, by and between the City of
Englewood, a home-rule municipality, hereinafter referred to as the "City", and the Regional
Transportation District, a political subdivision of the State of Colorado, hereinafter referred to
as the "RTD".
WITNESSETH:
WHEREAS, the Regional Transportation District will need to relocate a freight rail track
which crosses the City Ditch between Ridge Road and Mineral Avenue as a part of the
Southwest Corridor construction project; and
WHEREAS, after the freight rail track is relocated, RTD will install two light rail tracks
over the City Ditch; and
WHEREAS, in order for the Southwest Corridor construction to proceed, the City Ditch
will need to be enclosed in approximately 1 1 5 linear feet of 54-inch reinforced concrete pipe
(RCP). Class V, with temporary wingwalls for II connection at the existing west freight rail
track box culvert, shown on Anachment A, prior to the City Ditch opening on April 1. 1997,
as part of RTD's Advance Utilities-Phase 1 contract (the ·Project·); and
WHEREAS, included in the Project to enclose City Ditch will be the jacking of
approximately 52 linear feet of 54-inch RCP under the existing east freight rail track; and
WHEREAS, after the irrigation season, beginning in November 1997, the remainder of
the work to enclose City Ditch will be completed by installing associated transition structures
to connect City Ditch to the existing South Santa Fe box culvert; and
WHEREAS, the construction schedule outlined above is desired for completing the
remaining work after the Project; however, construction may proceed at other agreed-upon
dates so long as irrigation flow is maintained in City Ditch by RTD's contractor; and
WHEREAS , the 52 linear feet of jacked 54-inch RCP is necessary since the existing four
36-inch steel pipes are not conducive to future flow requirements of the City Ditch; and
WHEREAS, the existing pipes are over sixty years old and were not installed at the
identified proper grade and maintenance concerns may arise with this type of structure; and
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WHEREAS, the City of Englewood will pay for the jacking of the 52 linear feet of 54-
inch RCP in the Project, in an amount not to exceed $50,000;
WHEREAS, funds have been budgeted and appropriated and sufficient unencumbered
funds are available for costs incurred as a result of this Agreement;
NOW, THEREFORE, in consideration of the mutual promises contained herein, and for
other good and valuable consideration , the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows :
SECTION ONE
PURPOSE
The purpose of this Agreement is to provide for the enclosing of City Ditch prior to
freight rail relocation and installation of RTD's light rail tracks over the City Ditch as a part of
the Southwest Corridor construction project. It is believed that the Project improvements are
beneficial to both the City and the light rail system and no effort is made here to quantify the
level of benefit to either party.
Project elements include:
SECTION TWO
THE PROJECT
a. Enclosing City Ditch in approximately 115 line• feet of 54-inch RCP, Class V,
with temporary wingwalls for a connection at the existing west freight rail track box culvert
as a part of RTD's Advance Utilities-Phase 1 contract, shown on Attachment A, prior to the
City Ditch opening on April 1, 1997.
b . Jacking of approximately 52 linear feet of 54-inch RCP under the existing east
freight rail track as a part of the work to enclose City Ditch.
c . Irrigation flow will be maintained in City Ditch after the Project, from April 1,
1997, to October 31, 1997, after which the remainder of the work to enclose City Ditch will
be completed by installing associated transition structures to connect City Ditch to the existing
South Santa Fe box culvert .
SECTION THREE
FUNDING
RTD will include the Project as defined in Section Two of this Agreement in its Advance
Utilities-Phase 1 contract . The City of Englewood will pay a maximum of Fifty Thousand
dollars(SS0,000 .001 for the project upon presentation of final contractor bills and acceptance
of the work .
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SECTION FOUR
RTD REQUIREMENTS
a. RTD or its agents will provide design document review, design, inspection,
testing and engineering services for the Project .
b. RTD or its agents will obtain permits and approvals for the Project and will be
responsible for public agency coordination, if any . All costs associated with these activities
will be paid by RTD .
c. RTD will construct the Project, or portions thereof, or cause it to be constructed
in accordance with appropriate local, state. federal laws, and railroad specifications.
d . RTD or its contractor will permit and will require subcontractors to permit the
City to inspect all data and records with reg•d to the Project. The City also may require RTD
to furnish at any time prior to closeout of the Project, audit reports prepared according to
generally accepted accounting principles .
SECTION FIVE
DESIGN APPROVAL
All plans and specifications for construction of the Project shall be reviewed by the City
before any construction work is implemented. The City shall have fourteen I 141 calendar days
to comment on plans and specifications submitted.
Any change of design made after City review and concurrence, and all change orders
which directly impact the Project shall be submitted to City prior to being implemented. The
City shall have not more than 3 working days to submit its comments on such changes. The
City has assigned Bill McCormick as a liaison person who shall be contacted regarding any
proposed changes and shall have the authority to authorize any changes in writing following
his review.
SECTION SIX
RIGHT OF INSPECTION
The City shall have the right to have an inspector present on site at any time during
construction, provided that this person complies with all RTD safety requirements, and to have
a representative at any construction or other meetings .
SECTION SEVEN
RECORDS
RTD shall maintain all books, documents, papen, accounting records and other
evidence pertaining to costs incurred and other pe,fonnance hereunder and make such
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materials available for inspection at all reasonable times during the construction period and
three years from the date of acceptance of the Project by the City. On request, copies of such
records shall be furnished to the City for the City's permanent records.
SECTION EIGHT
FINAL INSPECTION
RTD shall obtain City's inspection and written concurrence in the acceptance of the
completed Project or ponion thereof.
SECTION NINE
AS-BUil T DRAWINGS
RTD shall provide to the City a complete set of as-built drawings for the Project upon
acceptance of the Project by the City.
SECTION TEN
MAINTENANCE OF PROJECT
The City shall maintain the City Ditch and appunenant improvements.
SECTION ELEVEN
ACCESS AGREEMENT AND MAINTENANCE OF TRANSPORTATION CROSSING
The City and RTD shall execute a License Agreement in the form shown on Attachment
B. granting RTD access to build its light rail line over City Ditch. RTD shall maintain the two
light rail tracks over the City Ditch in accord with the terms of the License Agreement.
SECTION TWELVE
HOLD HARMLESS
RTD shall ensure that any contractors it retains for any work on the Project retain
Comprehensive General Liability Insurance as specified on Attachment C. for work performed
on the Project.
RTD , within its legal ability to do so, and without in any way or manner intending to
waive or waiving the defenses or limitations on damages provided for under and pursuant to
the Colorado Governmental Immunity Act (Sec. 24-10-101, et seq. C.R.S.), the Colorado
Constitution, or under the common law or the laws of the United States or the State of
Colorado, shall indemnify and save harmless the City against any and all damages which are
recovered under the Colorado Governmental Immunity Act and reduced to final judgment in
a coun of competent jurisdiction by reason of any negligent act or omission by RTD. its
agents. officers, or employees, in connection with the performance of this Agreement.
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SECTION THIRTEEN
PROHIBITED INTERESTS
No officer, member, or employee of the RTD, and no members of its governing body,
and no other public official or employee of the governing body of the locality or localities within
the district during his or her tenure or for one year thereafter, shall have any interest, direct
or indirect, in this Agreement, or the proceeds thereof.
SECTION FOURTEEN
MISCELLANEOUS
1. Notices. Any notice to be given hereunder shall be deemed given when sent by
registered or certified mail to the addresses below:
John Claflin, Director
Development and Engineering
Regional Transportation District
1600 Blake St.
Denver, CO 80202
Charles R. Esterly, Director
Public Works Department
City of Englewood
3400 S. Elati St.
Englewood. CO 801 10
2. Severability. Should any provision of this Agreement be decla'ed invalid by any court
of competent jurisdiction, the remaining provisions hereof shaU remain in tun force and
effect regardless of such decla'ation.
3 . ~eement Binding . This agreement shall inure to the benefit of and be binding upon
the successors and auigns of the parties thereto.
4 . Laws to,._.,_ The Pro;ec:t shall be carried out in accordance Md'l 1he...,. of._
State of Colorado and al applicable Federal laws and regulations , and al local laws,
ordenancfl and NgUlations .
5 . Amendment . This Agreement may not be amended except in M"itlng by mutual
agr~ of the parties, nor may rights be waived except by an instrument in writing
signed by the party charged with such waiv91'.
6 . Terms of Agreement. The tenns of this Agreement will continue through the
completion of the Project .
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IN WITNESS WHEREOF, the parties have duly executed this Agreement, effective the
day and date first above written.
APPROVED AS TO LEGAL FORM REGIONAL TRANSPORTATION DISTRICT
By ______________ _
Legal Counsel Clarence W. Marsella, General Manager
ATTEST: CITY OF ENGLEWOOD:
BY·-------------By. _____________ _
Loucrishia A. Ellis, City Clerk Thomas J. Burns, Mayor
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Reglwl Tra11sportatlon District
General Counsel
November 27, 1996
Daniel Brotzman, Esq .
· Englewood City Attorney
3400 South Elati
Englewood, CO 80110
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Re : Southwest Corridor Railroad Right-of-Way
DRGWRR Pennits 11364, 28706,21178,2890
and proposed license agreement for City Ditch
Dear Mr. Brotzman :
······-·-···--·-.. ~~--, .:,,-~ ....... _. ..... ···-----~-~-
ATTACHME?IT B
The purpose of this letter is memorialize my understanding of our conversation regarding the
agreement that RTD has requested regarding City Ditch, and modifications the City has requested
to DRGWRR pennits in the corridor which have been assigned to RTD .
Based on our previous conversation, I understand that the City is willing to waive the requirement
at paragraph 4 in its proposed License Agreement that RTD relocate, rearrange, or remove its
installations so as not to interfere with City use, provided RTD makes similar waivers in the
licenses it holds . RTD also requests that the City's right in paragraph 4 regarding removal, repair
or relocation of its facilities or installations be modified to state that the City shall make every
effort to do so without interference with rail operations, and that only in the event of an
emergency constituting a threat to the health and safety of the public would tracks be wt,
removed or damaged . RTD is willing to make a similar commitment that any work on its tracks
wiU be done making ev«y effort to avoid interference with City water or sewer service, and
service will be cut off only in the event of an emergency constituting a threat to the health and
safety of the public . My suggestion is that aU licenses contain the following provision:
The par1ies· acknowledge that this license is to effectuate the provision of services
necessary and beneficial to the public . The parties wiU make every effort to effect repairs,
maintenance or modification of the property of licensor or licensee without affecting
provision of services to the public, and shall disrupt or halt services provided by licensor
or licensee only in the event of any emergency constituting a threat to public health and
safety .
Paragraph 4 is proposed to read as follows :
The City shall have the right to maintain, install, repair, remove or relocate the City Ditch
and its appurtenances within the City Ditch right-of-way, at any time and in such manner
u the City deems necessary or convenient. The City reserves the exclusive right to control
all easements and installations over City Ditch.
Paragraph 11 should also be prefaced by the phrase. "Subject to C.R.S . 24-10-10 I, et seq .,"
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Any changes or modification RTD makes to the license Agreements will apply only to tbe
portions of the corridor for which RTD holds agreements by assignment. RID has no assignment
of agreements from the Bwiington Northern Santa Fe ("BNSF'). , City will be subject to
existing railroad requirements regarding cancellation of licenses f(e,1 the sections of pipe which
cross the BNSF side of the corridor. RTD has no power to change BNSF licenses .
To effectuate the change in the licenses held by RTD, the following changes should be made :
License No . 11364 : Paragraph 8, delete everything after "as hereinabove provided." This will
leave tennination for breach or abandonment , but not by unilateral decision oflicensor. If the City
feels disuse for one year may not be considered abandorunent and requires a longer period, let me
know . ·
License No.28706 : This license contains provisions for termination only in the event of disuse
or breach and does not appear to require modification unless the City requests a longer term
under the nonuse provision .
License No . 21178 : Paragraph 9, delete everything after "as hereinabove provided."
License No . 20113 : Paragraph 9, delete everything after "full force and effect."
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It is also my understanding that City of Englewood engineers have requested written approval
from the railroads of design changes to City Ditch before plans are approved . Attached is a utility
coordination agreement from the BNSF delegating limited authority to RID to coordinate with
utilities . This agreement pertains to all utilities in the corridor, without specific reference to City
Ditch . Although we understand that the City is claiming rights senior to the railroad. RID nut
have approval of all plans for utility modification before BNSF will allow work to proceed. Ftnal
plans will have to be approved. per paragraph 7. A similar agreement is being negotiated with
the Southern Pacific, fonnerty DRGWRR . Written design approval will not have been received
from the railroads at the time of execution of the license agreement. but will have been received
before RTD can start any work in the corridor.
I have attached copies of the license agreements held by RTD showing the proposed
modifications. Please let me know if you need anything else. My understanding is that you must
bring this to your city Council next week, and I will be happy to offer any assistance that l can.
Thanlc you for your help .
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cc: Andy Leong
Margie Newman
AJunad Faz.el
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_7.A__ CL,·
~-L:Lien
~e General Counsel
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LICENSE AGREEMENT
THIS AGREEMENT, made and entered into as of the
day of , 19
~b-y~a-n-d....,,..b-et-ween the CITY OF ENGLEWOOD, a municip-a~l~~~~
corporation of Colorado, hereinafter referred to as •city•
and
-~~' hereinafter referred to as "Licensee,"
WITNESSETH: The City without any warranty of its title
or interest whatsoever, hereby authorizes Licensee, its
successor, assigns, to install a
over the ~c~l~t-y~,-s-r~i-g~h~t-s---o-f~--w-a_y_f~o-r-t~h~e-~cTi~t-y~DTi~t-c~h-,~d~e-s_c_r~l~~-d~asa
parcel of land situated in the of
Section , Township--.,.......,......---------~ Range of the
P.M., County of Arapahoe, State of Colorado and lying within
the following descri~d lines:
The above-described parcel contain•
acres, more or less.
l. Any construction cont .. platad or parforaad under this
License shall comply with and confora to standards
formulated by the Director of Utilities of the City and such
construction shall be parforaed and coaplatad according to
the plans, consisting of one sheet, a copy of which is
attached hereto and made a part hereof.
2. The Licensee shall notify the City's Director of
Utilities at least three (3) days prior to the ti•• of
commencement of the construction of, or any repairs made to,
Licensee's
so that th• City aay, in its discretion,
Inspect such operations.
3. Within thirty (30) days from the data of the
commencement of construction of said
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the Licensee
shall complete such construction, place and maintain
permanent, visible markers, of a type and at such locations
as designated by the City's Director of Utilities, referring
to the centerline of the installation and shall clear the
crossing area of all construction debris and restore the
area to its previous condition as near as may be reasonable.
In the event the placing of the centerline markers and the
clearing and restoration of the crossing area is not
completed within the time specified, the City may complete
the work at the sole expense of the Licensee.
4. The City shall have the right to maintain, install,
repair, remove or relocate the City Ditch or any other of
its facililties or installations within the City's rights-
of-way, at any time and in such manner as the ~ity deems
necessary or convenient. The City reserves the exclusive
right to control all easements and installations. In the
event the should interfere
with any future use of the City's rights-of-way by the City,
the Licensee shall, upon request and at its sole expense,
relocate, rearrange, or remove its installations so as not
to interfere with any such use.
5. Any repair or replacement of any City installation made
necessary, in the opinion of the City's Director of
Utilities because of the construction of the
or other appurtenant Installation thereof, shall be aada at
the sole expense of the Licensee.
6. The stipulation and conditions of this License shall be
incorporated into contract specifications if the
construction herein authorized is to be dona a contract
basis.
7. The rights and privileges granted in this License shall
be subject to prior agre ... nts, licenses and/or grants,
recorded or unrecorded, and it shall be the Licensaa•s sole
responsibililty to dateraina the existence of said docuaants
or conflicting uses or installations.
8. The Licensee shall contact and fully cooperate with the
City's personnel and the construction shall be completed
without interference with any lawful, usual or ordinary flow
of water through the City Ditch. Licensee shall assuaa all
risks incident to the possible presence of such waters, or
of storm waters, or of surface waters in the City Ditch.
9. All tranches or holes within the City's rights-of-way
shall be backfilled and taapad to the original ground line
in layers not to exceed six (6) inches loose .. asura to a
compaction of ninety par cant (901) Standard Proctor Naxiaua
Density.
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10. Licensee, by acceptance of this license, expressly
assumes full and strict liability for any and all damages of
every nature to person or property caused by water from the
ditch leaking through the ditch banks or pipeline at the
point or points where the Licensee performs any work in
connection with the crossing provided by this license. The
Licensee assumes all responsibility for maintenance of the
installation.
11. Licensee shall indemnify and save harmless the City, its
officers asnd employees, against any and all claims,
damages, actions or causes of action and expanses to which
it or they may be subjected by reason of said
being within and across and under the premises of the City
or by reason of any work dona or omission made by Licensee,
its agents or employees, in connection with the
construction, replacement, maintenance or repair of said
installation.
12. It is expressly agreed that in case of Licensee's breach
of any of the within promises, the City aay, at its option,
have specific performance thereof, or sue for damages
resulting from such breach.
13. Upon abandonment of any right or privilege herein
granted, the right of Licensee to that extant shall
terminate, but its obligation to indemnify and save haralass
the City, its officers and employees, shall not tarainata in
any avant.
In granting the above authorization, the City reserves the
right to make full use of the property involved as aay be
necessary or convenient in the operation of the water works
plant and system under the control of the City.
IN WITNESS WHEREOF, this instruaant has bean axac::utad
as of the day and year first above written.
ATTEST: CITY OF ENGLEWOOD,
City Clark Mayor
APPROVED AS TO FORM: LICENSEE:
LICAGOVR
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ATTACHMENT C
ADDENDA:
The undersigned Bidder acknowledges receipt of the following addenda:
Addendum No. Date ,-z.t,J,,. Addendum No. Date -
Addendum No.~ Date 1z/,::. lt1o Addendum No. __ Date
Addendum No. Date Addendum No. __ . Date
Failure to acknowledge receipt of al addenda may cause the Bid to be rejected as non-
rasponsive.
CONTRACTOR'S LIABILITY INSURANCE:
A. The Contractor agrees to obtain and keep in force during the term of this Contrad the
coverage described below ~ to the Work. WITH THE RTD NAMED AS AN
ADOITIONAL INSURED, Such insurance shal be carried with companies satisfactory to
the RTD and licensed to do business in the Slate of Colorado, and certifies evidencing
· such coverage shaU be furnished to the RTD prior to commencing any Work under this
Contract. Tlvee copies of each cel1ific:ale evidencing such coverage shall be mailed to the
RTD. The certificates must show lhe Conlrac:t Number and give a brief description of the
Work to be performed. These awii.lc:ates shal contain a p,ovision that coverages afforded
under policies wil not be canceled or pennilled to lapse unless at least thirty (30) days
prior written notice has been given to lhe RTD. The RTD reserves the right to examine the
Contractoc's original insurance policies. The Contractor shall notify its insurance
companies of any Contract changes.
8 . The insurance coverage which Contractor shall obtain and keep in force is as follows :
(1) Worke(s compensation and employe(s liability coverage and limits as required
under Colorado law, applicable to the work which shall cover the Contractor and
all of the ContractOt's employees engaged in the work.
(2) Comprehensive general liability insurance coverage with limits not less than One
Million and No/100 Dolars ($1,000,000.00) per occurrence for Bodily Injury and
Five Hundred Thousand and No/100 Dollars ($500,000.00) per occurrence for
Property Damage; or One Million and No/100 Dollars ($1.000.000.00) Combined
Single Limits. with coverage extended to those items listed below:
a . Contractual Liability coverage. covering the Contracto(s indemnification
obligation contained in Section ATC4 .10 "Hold Harmless."
b . Premises • Operations
C. Completed operations for a two-year minimum period commencing with
issuance of a final ceniflcate of payment.
d. Broad Form Property Damage coverage .
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ORDINANCE NO. _
SERIES OF 1997
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BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 3
INTRODUCED BY COUNCIL
MEMBER~~~~~~-
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
ENTITLED "CITY OF ENGLEWOOD PROJECT AGREEMENT WITH RTD FOR
CITY DITCH PIPING" BETWEEN THE REGIONAL TRANSPORTATION
DISTRICT (RTD} AND THE CITY OF ENGLEWOOD, COLORADO .
WHEREAS, the Regional Transportation District will need to move a freight rail
track which crosses the City Ditch between Ridge Road and Mineral Avenue; and
WHEREAS, after the freight rail is moved, RTD will install two (2) light rail
tracks over the City Ditch; and
WHEREAS, in order for the RTD project to proceed, the City Ditch will need to have
a 54" reinforced concrete pipe ClllBII V, installed prior to the City Ditch opening on
appro:rimately April 1, 1997; and
WHEREAS, included in the project will be jacking of appro:rimately 60' of 54" RCP
under the eut freight rail and the installation of appro:rimately 50' of 54" RCP for the
Phase I Project which will enable the completion of the freight rail relocation prior to
the installation of the light rail tracb; and
WHEREAS, after the irrigation season in November, 1997, the remainder of the
54" pipe and structures will be installed connecting the pipe to the South Santa Fe box
structure; and
WHEREAS , the 60' of jacking is necessary since the emting 4 each 36" steel pipes
are not conducive to future flow requirements of the City Ditch; and
WHEREAS, the e:riating pipes are over 60 yean old and were not installed at the
identified proper grade and maintenance concerns may ariae with this type of
structure; and
WHEREAS, the City of Englewood's share of Phue I will not exceed $50,000;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD , COLORADO, AS FOLLOWS :
5ectiop 1. The Intergovernmental Agreement between the Regional
Transportation District (RTD) and the City of Eqlewood, Colorado, attached hereto
as "Exhibit 1; i• hereby accepted and approved by the En,lewood City Council .
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Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal
the Intergovernmental Agreement for and on behalf of the City of Englewood,
Colorado.
Introduced, read in full, and passed on first reading on the 20th day of January,
1997.
Published as a Bill for an Ordinance on the 23rd day of January, 1997.
Thomas J . Burns, Mayor
ATTEST :
Loucriahia A. Ellia, City Clerk
I , Loucriahia A. Ellia, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing ia a true copy of a Bill for an Ordinance, introduced,
read in full, and passed on first reading on the 20th day of January, 1997 .
Loucrishia A. Ellis
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COUNCIL COMMUNICATION
Data: January 20 , 1997 Agendaltam
10 I 11
INITIATED BY: STAFF SOURCE:
UE WNTP Supervisory Committee Stewart Fonda, Utilities Director
Jim Tallent, · s Division Man er
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved a project expenditure for cleaning of the anaerobic digesters at the UE
WNTP as part of the 1997 budget process.
RECOlalENDED ACTION
The action recommended is to approve by motion a contract for cleani
anaerobic digesters with Lllll*I WIiia MIi 111,-~ Inc. I-' the amount ,,.._,.
BACKGROUND, ANALYSIS, AND AL TERNATNES IDENTIFIED
Anaerobic digesters stabilize and reduce organic solids removed from the wastewater
treatment process. In the Phase 1b facility expansion project, modifications will be made to
the anaerobic digesters to improve process operation and performance. In order to proceed
with these modifications, each digester must be drained and cleaned prior to planned
construction activities . Existing tank contents (biosolids) will be re-used to maintain permit
compliant process performance. The re-use of biosolids will minimize the volume requiring
removal . The recommended contractor will use the removed biosolids beneficially through
agronomic application to approved farmland.
A request for bids was iaaued to the following five firms: Liquid waste Management;
Nationwide Digester & Pond Cleaning; Parker Agricultural Services; McDonald Farms; and
Pima Gro Systems. Liquid waste Management waa the only firm that rNl)Onded to the
request.
Individual digesters were last cleaned in 1981 , 1990, 1991 , and 1994. Liquid waste
Management performed digester cleaning Nrvicel for the LJE WNTP in 1990, 1991 , and
1994.
FINANCIAL IMPACT
The cost of the digeater clNning wll be lha,9d 50/50 by the CIIIN of Englewood and LltllelDn .
The contract amount ii below the budget l'9qUNt for thil project and funds .,. Included in the
1997 budget.
UIT Of ATTACHIIBITS
Bid Propoul Tlb4Ntion
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-,,-CITY OF ENGLEWOOD BID PROPOSAL TABULATION
BID ITEIIS(S) -AnNrobk: Dlgnller Cleaning
t !LIQUID WASTE MANAGEMENT
Conlact: Dave Garin
P.O.&ox•
Loi ...... Co IOI02
nnMI • ,,,_... _....WIDE DIGESTER & POND CLEANING
Conlact: -Hall
POlloa21111
v.a.w, ea. Nl41 •••
a r= AGRICULTURAL SERVICES -.. .......
7M7 l!at Coun1J Line Road
Lon1111ant. Co. lOI01
I ~= IYITEIIS
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Bid Opening Date: January 8, 1997 11 :OOa.m.
Price
#4$29632.00
t1 $13499.00
12 $13499.00
13 $13499.00
EXCEPTIONS
2/25/97 COMPLETION FOR #4
TOTAL $70,129.00
NO RESPONSE
NO RESPONSE
NO RESPONSE
NO RESPONSE
WROillc_oioesffR_CLEANING r
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LITTLETON/ENGLEWOOD
WASTEWATER TREATMENT PLANT
2IIIO s. -"-Driw ~ ColarU> 80110
(303) 712•2800
F,\X 712•211211
MEMORANDUM
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FROM:
Dennis Stowe, Plmt Manager ~
Jim Tallent, Operations Division Manager
January 8, 1997 DATE:
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SUBJECT: Technical Evaluation and Recommendalion for Anaerobic Digester Cleaning
A request for bid was sent to five vendors for cleaning of the anaerobic digestcrs in 1997, at the
Littleton/Englewood Wastewater Treatment Plant. One vendor responded to this request.
The submittal was reviewed by myself and Charles Caudill and is teclmically acceplable u proposed. I
recommend the cleaning contract for the anaerobic dipsters be awarded to Liquid Wme Management,
Inc. in the amount of$70,l29.00.
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COUNCH. COIMJNICATION
Data Subject
January 20, 1997
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Nonbinding Intergovernmental
Lell8rl of Understanding for
Service Fee Payments
INITIATED BY STAFF SOURCE
Littleton/Englewood Supervisory Commit1N Stewart H. Fonda, DirectDr of Utilities
Char1N J . Clludil, Proceu DeYelopment Analyst
COUNCI. GOAL AND PREVIOUS COUNCL ACTION
Ordinance No. 2 , Series 1995 -1996, January 2, 1996, appioving purchw of 5760 acres of farm land in Adams and
Arapahoe Counties .
Study session regarding the land purchale suggested contribution ID the cauntiN wilh rnpect ID services ID certain real
property .
RECOIIIENOED ACTION
The recommended action is ID approve by Ordinance Nonbinding lntargovemmental LeCl8rs of Understanding with
Arapahoe and Adams counties for Service Fee Payments.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTFIED
Biololids, the solid residual produced from NWage treatment, is benellcilllly recycled on drylancl WMa flelds • II IOil
amendment and fertilizer. The CltiN of EnglNood and Littleton own • total of 7040 acr'N ID ensure stable and NCUnt
biosolids recycling for the Littleton/Engle wast8wal8r Tl"Nlment Plant The city owned property is estlmad ID IT.et
facility needs past the ye.-2015 .
Since the cities are political IUbdivilions of lhe s.9, !he property la bNn delellcf from lhe tax rolN -of lhe da of
purchae. A fee with r-.,ect ID avices ID cei1llin ,_ property in !he amount equlvalent ID lhe property --lhet
otherwile would be .... _, againat lhe property would wiat in !he provilion ol avices such • raad 11•••a. law
enfolcement and tire prolllction . In addlllon , lhe conlribulian would enhance pubic relllklfll in !he IUffllUnding farming
communities .
A nonbinding understanding would allow lhe ciliea ID ccnlribula only if delnd. The contrtbullon would be ~
annually in the budgeting proceu and appropiad if delnd.
FINANCIAL MIACT
The contribution in lieu of taxes to both counties would total approxirnaly S 10,000 annually . The contrtbullon will be lpllt
50/50 with the City of Littleton . Funds are budgeled for 1997.
UST OF ATTACHIIENTII
lnteraovemmenlal Nonbindin& Letters of Underamdin1
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ORDINANCE NO . _
SERIES OF 1997
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BY AUTHORITY
AIILLJOll
COUlfClL BILL NO. 6
INTRODUCED BY COUNCIL NBNBBB ______ _
AN ORDINANCE AU'fflORIZINO AH IN'l'DOOvmtNDNTAL AGUBIIENT
ENTITLED "INTERGOVERNMENTAL NONBINDING LETl'ER OF
UNDERSTANDING FOR SERVICE FEE PAYMENT," BETWEEN THE cmES OF
LITTLETON AND ENGLEWOOD, ARAPAHOE COUNTY AND ADAMS
COUNTY, COLORADO.
WHEREAS, the Englewood City Council approved the purchue aC 5760 acres of
farm land in AdlllDII and Arapahoe Counties with the pauqe of Ordinance No . 2,
Series of 1995/1996; and
WHEREAS, bioaolich, the solid residual produced from -• treatment, ia
beneficially recycled on dryland wheat fields as a soil amendment and fertilizer;
and
WHEREAS, the Cities aC Englewood and LiWeton own a total aC 7040 acr'M to enaun
atable and aecure bioaolida recycling for the LiWeton/En,lewood Wutewater
Treatment Plant; and
WHEREAS, since the Ciaee are political IIUbdiviaiam aftbe State, the property bu
been deleted from the tu rolea • afthe date aCpurchaN; and
WHEREAS, a contributim in lieu aCi-in the -i equiv.a.at t.o the property
tuee that otbenriN would be ---..... the pr..-ty would --in the
provision of aervicea auch u road maint.mm, law mb c amt and tin prat.ection
and the contribution would ~ public nlationa in tbe aunJUDdin, farmiq
communitiea; and
WHEREAS, the nonbindinc IIDClentandilll would allow the Citiea to contribute
only if deaind with aucb contributim beiq N¥iewllCI -aally in the budawtin,
proceaa and appropriated if clNind; and
WHEREAS, the rNpective County ANNaora' Officea will 1111Dwally make a
determination of the distribution breakdown for this voluntary contribution baaed on
the mill levy of varioua ta.sin, entitiea; and
WHEREAS, the contribution would be abared by tbe Cia.. aC Littleton and
Enrlewood in accordance with tha operatiJlc upenae coat abarinf formula for tha
Littleton/Ellllewood Wutewater Treatment Plant;
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COUNCIL COMMUNICATION
0.. Subject
January 20 . 1997
10 a iii
Nonbincling lntargovemmental
Letters of Understanding for
Sefvice Fee Payments
INITIATED BY STAFF SOURCE
Littleton/Englewood Supervisory Commitl9e Stllwart H. Fonda, DinlclDr of Utilities
Char1es J . cauc:till , Proceu O..elopment Analyst
COUNCIL GOAL AND PREVIOUS COUNCI. ACTION
Ordinance No. 2 , Series 1995 -1996, January 2 , 1996 , approving purchase of 5760 acres of farm land in Adams and
Arapahoe Counties.
Study session regarding the land purchase suggested conbibution to the counties with respect to services to certain real
property .
RECOIIIENDED ACTION
The recommended action is to approve by Ordinance Nonbinding Intergovernmental Letters of Understanding with
Arapahoe and Adams counties for Service Fee Payments .
BACKGROUND, ANALYSIS, AND AL lERNATIVES IDEN1Fl!D
Biololids, the solid residual produced from NWage lrNlment. ii benetlc:ially 19eycled on dryland whea fields • a IOil
amendment and fertilizer . The Cities of Englewood and Lilllelon own a total of 7040 acres ID .,.... llable and NC&n
biosolids recyding for the Littleton/Englew 11'._..ftllllr Tl'Nlment Plant The city owned property ii ..irn.d ID meet
facility needs pm the year 2015 .
Since the cities are political subdivisions of the Saa, the property has been deleled from ttlll tu roles • of tlw dale of
purchase . A fee with respect to serYicel to certain real property in the amount equivalenl ID ttle praperty .,_ ltlll
othelWile would be auesNd against ttle property would milt in ttle provision of NfVica such• road IMillel•N». IN
enfolcement and tire protection . In addition . the contribution would enhance public relations in ttle IUffOUnding fam*'9
communities .
A nonbinding understanding would allow ttle cilllls ID c:cntributll only if delnd. The contrtbution would be rwiN9d
annually 1n the budgeting proc:eu and approp1 iaed if delnd.
FINANCIAL _.ACT
The conbibution in lieu of taxes to both counliN would IDtal approximalely $10,000 annually. The conlribullon wil be aplit
50/50 with the City of Littleton . Funds .. budgeled for 1997 .
UST OF ATTACHIENTI
Intergovernmental Nonbindin& Lctten of U~
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Sactigp 1. The Nonbindiq lnteqovernmental Underatandinc for Contribution in
Lieu of Property T-betwem the Citiea of Littlet.an and Englewood, Arapahoe
County and Adama County, Colorado, attacbed befflO u "khibit l," is hereby
accept.ed and approYed by the Eqlewood City Cowu:il.
Sectim 2. The Mayor is autbariwl to eucute and the City Clerk to att.eat and -1
the lnteqovernmmtal Aar-ent for and on behalf of the City of Enpewood,
Colorado.
Introduced, read in full, and paued on fint readinc on the 20th day of January,
1997.
Publiabed u a Bill for an Ontinance on the 23rd day of January, 1997.
Tbomu J. Burm, Mayor
ATTEST :
Loucriabia A. Ellis, City ci.t
I, Loucriabia A. Ellis, City Clerk of the City ofBnpwood, Colorado, banby certify
that the abaft and &ir.piDs ill a tr. capy of a Bill for an OrdiuDca, in1:aolhaced,
nad in full, and paued on fint nadias on the 20th day of January, 181'7.
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Helea L Hill. Treamer
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E X H I B I T 1
Bi.Qty Wastewater Treatment Plant
2900 Soutb Platte Riwlr Dme
Enpewoocl, CO 80110
Jamuuy 10, 1997
Ma. o..ty Treamer'• omce
450 S. 4da Avene
Briptua. CO 001
Dear Ma. Hill:
Re: ~atal NaabiDding Letter of
UDderataadiag fm Service Fee Payment
This letter will sene • cmafhmation of ID intergovemmeatal DCmbiactiag
undentwting reached between die Cltiea of Utdetoa wl &pewood wl Adami Coaaty.
C.olondo ieapecdaa aervicea to certaia real pn,paty anecl by tbe Cltiel. Sa Altw Juaeat
A bensto. ne Cltiea waat to_.. daat mwm to tllil property ue cuatiaecl ad to dial
end clelile to .. • semce fee ,-,mt to Ma. CGllllly to -die oaaom&
avdabilitJ of Yarioa penamlal lelvicea. Smee die Cltiea ue political lllbdi¥ilicm of
tbe ate, die property .... beea deleted Ima tbe coaty la .... of die dalle of pudaale.
Nevertbelell, tbe Cities are willilla to pay ID amoat eqaivaleat to die property tml tbat
otberwiae would be nered apiaat dais property iD Older to wilt in die proviliaa of
semcea sucb u road maia1eDw:e, law eaforcemat wl fire protedioa to tbe property if
Adami Couty ii willilll to accept acla ..,..... ... to provide IUda l8fflCIII OIi •
coatilluiq basil.
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ne Cltiel....., abject 1D -a coadl nmew ad app1up;--.1D pay Mam
eo...ty -amma1 ............. For tbe parpme of delenaiab.& tbe mat tbe
<ltia waald pay eadt year, Adami Caaty will JIIOVide to tbe Cltiel. .....0,, tbe 1aeae d
........ ad eqaivalellt of tlml -1112 Ht dlat will .. tbe ........ _.. of
....... ......., ........ 11111 llapialt .. JNopwtJ,lladitaatbeea ..... olftlle
.A.11111w1 ta !ale. If* Cliel d121 i+ 1D ..... ada JN11Br• la-,..-year, it will
be ..... payable 1D Maal 0..::, ad be_. ......... * Maas 0.., Tn•n•~•
Otllcebpn1reae•willl.._1Ddlillellerol ...... ,lf 11,.
'Ille Adam a..t, Tri a 1e.~1 OIIDe will laf1IINII * a paid by die atiel to
...... audaoritiea wllo ............... added 1D ....... padiaa oldie paymt
ud tbe pn,perty .-,eieed ........................... oldie pmpme
of saclt payamdl.
NuMc ................. _ .... _. I :+y•+4 111111 ........ odm
pudel.
CIJolJM IL
By:. __________ _
.,. __________ _
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ATIACHMENT A
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IIARRANTY D££D
THIS DEED, Hade t.hle 21t.h dey of lt1MJU•t:, 1996 bet.ween
Jerry J. Crai9 and ••• Cra19
of the County of -and
et.ate of COloredo, 9rantor, and
The Clt.y of Llt.t.let.on, a .. nlcipel corporation and The City of 81MJlewood , a aunlclpal
corporat lon
of the county of Ad-and 8t.at.e of Col.orado, ,9ranteea1
WJTIIS88STII, fllat tit• 9raat.or for .... la c011•lderatloa of t.11• ... of Oll8 IIUIIDIISD SIS
TIIOIISAIID TWO IIIIIIDIIIID POaT\' UD D0/100, (SIOl,2t0,00) Dollara, t ... raealrt aad
aufflclencr of w~lcll le karetty ack .... 1 ... ed, 1111• 9raat .. , barwalaed, sod aad
coa••r•d, and bl tit••• pre•••t• .... 9raati lt•rt•l•i aall, cet11••r ... coaflra ••to tlla
yrantaa, hla ha ra alld •••19•• for•••r, al tlla na pnpert.r, ~r wit.II co9f!::~·l:;c!ftt!:'~• ·~!i~!:;~rl ..... Mi .. la till• eo.atr of ... et.ate of
The Sl/2 of Sactlon J2, Townahlp J South, 11a.,.. Sl Waat of the 6th P.11.,
S•capt that port.ion thereof dttedecl t.o w ... County for Hl9hway purpoHa recorded
February 2, 1931 ln 9ook 244 at •-HS and
Sxcept that portlon th•r-f lylnv vlthin eaiatlnv hl9hway ri9ht of var ae diecl-in
Deed, w ... County, recorded February 2, 19J8 ln look 244 at ,..-Ill,
County of Ad-, State of COloraclo.aleo luliDwll by atreet and IIUllber •• Vacant Land, ,
, Colorado
TOGSTIIEa wltk all aad el .. •lar tlM llere4lt .... te ... a.,..rt••••c•• tll•r•to
ltelon9ln9, or ln ••1•1•• appertalal .. a.a tlle ra•araloa ... r•••r•loaa, reaellHlar ...
r:::!:::~·;1~::t::.. :::::.·::.r::!!!: :~;::'wr:::.:!1.t~:.:·~:t!;.r!:11:..:~;!•;, ill
aad to tha •bo•• bar,al•ed pr .. laaa, wit.It tlM lter .. lt ... ate and •PP11rt.eaaacaa.
TO IIAff AlfD 'rO IIOLD tit• aald pnal••• aNWa Nrwal ... alld daaarlbed, wlU. till•
•r::rtaaaacaa, ••t.o tlla 9raataa, Illa Nlra ... aaalp• fore•ar. AN tlla 9raator, for ~.:::•:~ :!: !1~~·t::•.~:;::~1 11 ~~:::t.::l•::;,:::~ :-..:;-:;t,.Jr;~ :;~:!•• ...
..... 1, ..... dall••r, of tit••• rrea .. t.a, lie ., ... 11 •• , .... , tlte ..... , ••• -~-~:,:-; .. •:,:=: ::.·,.:-;::: ~i:::-:1i!i1 ·;:...~.:.-?!:::1 ·:::~ .. ~:,. ':.·;~~~· 1•
b•f'9•l•, ••11 ... coe••J tlhe .... ill --r aM fera •• •f•r•••i• ... U..t. Ute •-
are free ... elNr fr-all , .......... .U..r 9nat.a, Hrw•la•, aalea, 11-•, U•••,
•••••-ta, -e.eraacea ... natrlet.l.eaa of ... , ..... 111-1 er -t.•n ....... , ••c•
.. neral ta••• for 1196 and aub...-,.t yeara, ••~ •-..ta, r-t.rlctlone,
COYenant.a, cond1t1ona, roNr,atlona and rlpta of way of record, lf any,
County of W-
ltr Jarry J. Cralt and SH «:ralt
ea . n,a f-1"9 1 ... t.--t _. --1ed9N llefore -
thie 27th ._y of ......,.t, 1991
Wlt ... •., .,._..., olf1o1al ... 1.
"7 --1ea ... , .... ftl-;,,/,/'?~r
/l:na
J700 •• --·
r:y• ,;;t M, ,11 lo ta --.zc ., .... ·-.. , .. , ..
-NHI
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TBIS DEED , -,.i, .. , of ,4'ft1IL• J.. / 5! /'f'? t .
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111 ICI.UII -•1111nn
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el• ...... N Mrwt .....,. ::'VICMff" LMa)
talllf-.. di all N ., ......... ._..lt_t ... a,purt ..... H tlteret• .......... er ffl ........ a,ptrHlftl ... ...
ttte ,...,..,.,. • ,....,.,-. ,....,..., ... ,...,..,... ""''• ,,._. .., ,...tits ..,._.; .,.. ell 1M ntete, ,, .. ,. Utl•
lntareet. clala ..i..., ...: ...... el tM •fll ..,.,, ef tw flrat ..,.,. eltMt' In I• er ..,.ty,ef, 111.., •• tM ....,. ..,...,,..,..... .. , .tn • ...,...,, .... .,.. ....,., ...... .
to IIIWI -TD .... '*'-NIii pNlaitN....,. ....... ~ ... .._,fltiN, wltl; dl,e ._urt ...... , WIie tM uld ,any ef die._..... ...-1. •t1 Ml"' ........ f.,....... _.._NW ... ty ef .. tint..,.,, f• •'-•tf, 11111 Mir,, necur•t,
..., .... 11latre1 ........ ~ • .,.., .,. .. , ...... .., .. •• ... 111a 1M Mid ,.,.ty et ..._ ...,.. 1111ri, Ills Nlra ...,
... , ....... at ...... _, die -.11 .. a. ... ,..,., ef .._ ,...... •• M ........... et ._ ,.. ..... ......
""""1"'1111, • •f ..... ..,., llll"fect, .. I•• N ._,_IMe .. ,au ., l ....... ltenu, In I•, In f• ,....,., ....... .-
. ,, .. , ............................ ty , .................... -~ .. -.......... -.... e1 ....... ...
111M dlle .... •• , .... ..., cleer fra ell ,__...,...,. .,._.,, ._...,,., NIN, 11-• ..._, • ..._. Mil
........... -4 .... ..._ .................. :
nc.t -. TAIII ... &lll1WallTI ,a ta WW "" -...... , IIMI. blCIPtl-Al Llfl81 a Dllllt ...
&ttAClllltMll-&Nlt-&I U MU•t ..... _ .. .
.... .... ........ .......... ......... Ill ...... et .... ,....... .......... ef Mltl llll"t\' .t ......... ,...., •ta .. ,,. ....
... ,.,. ... , .. , all ..., .....,, ..,.._ er ..,..... ,_,..,, cla ..... .,. t• ct• ... .._.. • -, ,.,., .....,, N ..W ..,.ty '°' doo ..... -· ...... -•Ill ---.... t11o • ._.. -•11 .......... -.... ,.._ 11\0 .................... ., ... ...,. ......... ...a1a111. .. ... ....... .
II VITIIUI ........ Hit!..,.,, M die flrsl ..,., ............ NI .................. ., ... ,_,. Hnt ....
whten.
11ai1Wti.WWW
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t ~,P-scd? __________________ ,_,
.... ·--.. ·-------.......... 3( ,.;-{c, (
"'-..... ...... ~-~-, ~ ., ...... .., .................. .
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JOHN G. K£NN£DY
NOTARY PUBLIC
STAT£ Of minRAOO I
OIL
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EXHIBIT A
PARCEL l :
THE WEST ONE-HALF OF SECTION 28, ALL OF SECTION 29, TIIB WEST
ONE-HALF OF SECTION 32, EXCEPT ,THAT PART OF SAID SECTION 32
CONVEYED TO ADAMS COUNTY BY -INSTRUMElff RECORDED IN B001t 244
AT PAGE 586, WEST ONE-HALF OF -SECTION 33, ALL IN TOWNSHIP 3
SOUTH RANGE 57 WEST OF THE 6THdiRINCIPAL MERIDIAN, COUNTY OF
ADAMS, STATE OF COLORADO . i · .
PARCEL 2: "L .. t
THE WEST-ONE-HALF OF SECTION 4, ALL OF SECTION 5, TOWNSHIP 4
SOUTH, RANGE 57 WBST OF THE 6TH PRINCIPAL MERIDIAN, COUlfTY OF
ARAPAHOE, STATB OP COLORADO.
PARCEL l :
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THE SOITl'II ORB-KALP OP THE SOl1l'IIDST QUARTER OF SBCTIOII 20;
ALL OP SSCTIOll ·~1. BXCBPT THE NORTH 40 FEBT;
THE NORTH ORB-KALP OP SECTION 21;
ALL OF SSCTION 29, EXCEPT TIIB WEST 40 PDT;
ALL IN TOIIIISHIP 4 SOUTH, R»IGE 57 W1lST OF THE 6TH PRINCIPAL
MERIDIAN, COUNTY OR ARAPAHOE, STATE OP COLORADO .
PARCEL 4:
ALL OF SECTION 18, EXCEPT TRB BAST 40 PDT;.
THE NORTH ONE-HALF OF SECTION 1', EXCSPT 111B BAST 40 PUT;
THE NORTH ORB-KALP, EXCEPT THE DST 40 FB1lT 1
THE SOUTHWEST QUARTBR , EXCEPT TIIB WEST 40 PDT;
AHO THB NORTH ONB-HALF OP THB SOU'l'IIIIUT QUARTER OP SSCTIOII
20; ALL IM TOWNSHIP 4 SOUTH, RAIGB 57 'WEST OP TIIB 6TH PRINCIPAL
. MBRIDIAN, COUNTY OP AIIAPAa>S, STATS OP COLOllADO. •••
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EXHIBIT "a~.
RESERVATIONS BY THE UNION PACIFIC LANO COMPANY OF (1) ALL OIL, COAL AND
.OTHER MINERALS UNDERLYING SUBJECT. PROPERTY, (2) THE EXCLUSIVE RIGHT TO
~ROSPECT FOR, MINE AND REMOVE OIL,· COAL AND OTHER MINERALS, AND (3) THE
RIGHT OF INGRESS AND EGRESS AND REGRESS ·TO PROSPECT FOR, MINE AND RBMOVE
OIL, COAL AND OTRBR MINERALS, ALL ·.:As CONTAINED IN DEBD JULY 31, 1916 IN
BOOK 61 °AT PAGE U AS TO ALL or· SECTION 33, TOWNSHIP 3, SOUTH RANGE 57 WEST
OF THE 6TH PRINCIPAL MERIDIAN .
ONB-HALF OP ALL OIL , GAS AND MINERAL,•IGHTS UNDERLYING THE WEST 1/2 ·op SAID
SECTION 32 AS RESBRVBD BY ANNA HA'RJl.i IN WAllRANTY DBBD RECORDED HAY 4, 1944
IN BOOK 297 AT PAGE 405 . '
ONB-RALP OP OIL, GAS AND MINERAL RIGHTS UNDERLYING THE WEST 1/2 OF SAID
SECTION 28 AS USBRVBD BY .NELLIE R. DAVIS IN DEED RECORDED FEBRUARY 12,
1947 IN BOOIC 331 AT PAGE 391 .
RESERVATIONS BY TRB UNION•·PACIFIC RAILWAY COMPANY OP (1) ALL OIL, COAL AND'
OTHER MINERALS UNDERLYING TRB LAND, (2) TRB BXCLUSIVB RIGHT TO PROSPECT
FOR, MINB AND RBMOV1! OIL, COAL AND OTHER MINERALS, AND (3) THI RIGHT OP
INGRESS AND BGRBSS AND RIGIUISS TO PROSPECT FOR, MINB AND REMOVE OIL, COAL
AND OTHER MDIBRALS, ALL AS CONTAINED Ill DBBD RBCORDBD AUGUST 1', 1915 Ill
BOOK &6 AT PAGE 32.
(AFFECTS SECTION 5)
AIIY AND ALL RIGHTS OF BIJOU TBLBPIIONI CO-OP ASSOCIATION AS EVIDENCED AND
CONTAINED IN DEBD 'RECORDED SEPTIMBIR 20, 1976 Ill BOOIC 205 AT PAGE 765.
RESERVATION BY TRB UIIIOII PACIFIC RAILWAY COMPANY OP (1) ALL OIL, COAL AND
OTHER MINERALS UIIDIRLYIMG SUIIJ1ICT PROPERTY (2) THE EXCLUSIVE RIGHT TO
PROSPECT FOR, MINE AND RBMOVB OIL, COAL AND OTHER MIIIBRALS, AND 13) TRB
RIGHT OP INGUSS AND mans AIR> RIIGRBSS TO PROSPECT FOR, MI1111 AMI) UMOVE
OIL, COAL AND OTHER MIIIIRALS, ALL AS. COIITAIIIBD Ill OBED RBCORDID AUGUST 14,
1914 IN BOOK &6 AT PAGB 30 AIC> Ill DliBD RECORDED SBPTBMBBR 5, 1'16 IN BOOIC
·" AT PAGE 51 AND Alf\' AIC> ALL ASSIGIIMDITS TRBRBOP OR IIITBRBSTS TIIBRSIII .
(APPBCTS SBCTI<*S 21 AIID 2t 4S-571fl
SURFACE OIIND'S AGaDNBl'1'S U1WBIII LINLY 11:>LLDIJSIIORTII AJID CBCLIB
IK>LLI~. 1.ua> OMNBU, Ala> IMIOI PACIFIC RAIUtOM> CXJMIIAIIY llacoaDBD
JAIIUaJIY 23, 1156 Ill aool: 151 AT PAGI 322 (II 1/2 OP Sac:TIOII 21)1 ~
27 , 1166 IN IIOO& 1612 AT PAGE 751 (I 1/2 AIID SW 1/4 BBCTIOII 21); IUlllCB ll,
1161 Ill aool: 1750 AT PAGI l5J (ALL OP SBCTIOII 21)1 JULY 11, 1167 Ill 900K
1711 AT PAGE 444 (ALL OP BIICTIOII 21); JULY 7, 1161 DI aoc>lt 1121 AT PAGB 622
IN 1 /2 OP SBCTIOII 2') U1WBIII LIIILY 11:>LLI1CSIIORTII Alm CBCILB IIOLLIICBIIOnll
A/1./A CBCILB D. 11:>LLDCSIIOaft, 1.ua> 01111D AJID CDNPLDI PST1lOLBUN CQNPAIIY
RECOIU>BD JAIIUUY 11, 1'72 I.II IIOOlt 1'17 AT PAGE 742 (ALL OP SBCTlmt 211 .
OIL AND GAS LEASE BS1VBD CIIANPLIII PETIIOLEUM COMPIUfY AJID AMOCO PROOUCTIOIIS
COMPAlfY DATED DBCD9D I, 1'77 FOR A PRIIUlllY TUM OP 5 YBUS, UCOIIDBD
DICIMBBR 21, 1177 Ill BOOIC 2703 AT PAGE 395 .
PACI I
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!::XHIBIT "I"
RATIFIC.>.TION OF SAID LEASE ltECORDED "DECEHBER 10, 1990 IN BOOIC 6059 AT PAGE
565.
ASSIGll!1ENT OF SAID LEASE TO UNION PACIFIC RESOURCES COMPANY RECORDED
JANUARY 7, 1992 IN BOOIC 6343 AT PAGE 312.
(AFFECTS SECTION . 29 4S-571f) _
AN UNDIVIDED 20 PERCENT INTEREST iN AND TO ALL THE OIL, GAS AND OTHER
MINERALS lfHICH MAY BE PRODUCED FROM THE NORTH 1/2 OF SECTION 28 AND THE
SOUTH 1/2 SOUTHEAST 1/4 OF SECTION 20,AS CONVEYED TO ARNOLD
L . HOLLINGSWORTH IN MINERAL DEED~ 'R~cpRDEO FEBRUARY 8, 1971 IN BOOIC '1907 AT
PAGE 763 ; AND MARCH 26, 1978 IN lioC!IC ~431 AT PAGE 432; TO FOREST
E. HOLLINGSWORTH BY MINERALS DEEDS RECORDED FEBRUARY 8, 1981 IN BOOIC 1907
AT PAGE 765 AND MARCH 26, 1978 IN BOOIC 2431 AT PAGE 435; TO HOWARD
S. HOLLINGSWORTH BY MINERAL DEEDS RECORDED FEBRUARY 8, 1981 IN BOOIC 1907 AT
PAGE 767 AND MARCH 26, 1978 IN BOOIC 2431 AT PAGE 434; AND TO MARVIN
G . HOLLINGSWORTH BY MINERAL DEED RECORDED FEBRUARY 18, 1981 IN BOOIC 1907 AT
PAGE 769 AND MARCH 26, 1978 IN BOOIC 2431 AT PAGE 433.
ALL OIL, GAS, AND_:OTHER MINERALS AS CONVEYED IN MINBRBAL DEED RBCORDED
AUGUST 29, 1983 i:N BOOIC 3954 AT PAGE 14, AS TO ALL OP SECTION 11, THB BAST
HALF OF THE SOUTHWEST QUARTER AND TN1I NORTH HALF OF THE SOUTHEAST QUARTER
OF SECTION 20, AND THE NORTH BALF OP SECTION 19. .
RESERVATIONS AND EXCEPTIONS IN PATENT AND ACTS AlffllORIZING THB ISSUANCE
THEREOF. PATENT RECORDED ON SUBJECT PROPERTY ON AUGUSTS, 1915 IN BOOIC 78
AT PAGE 491, JANUARY 28, 1920 IN BOOIC 121 AT PAGE 31, APRIL 16, 1904 IN
BOOK 2 AT PAGE 241, AND JANUARY 19, 1919 IN BOOK 71 AT PAGE 151; AND JUNE
19, 1920 IN BOOIC 128 AT PAGE 148 . THERE IS RESERVED FllOM THE LANDS HEREBY
GRANTED A RIGHT OF KAY THEREON FOR ANY DITCHES OR CANALS COIISTRUCTED BY
AUTHORITY OF UNITED STATES.
(AFFECTS PARCEL 4)
RESERVATIONS AND EXCEPTIONS ON PATENT, AND ACTS AUTHORIZING THB ISSUANCE
THEREOF . PATENT RECORDED ON SUBJECT PROPERTY ON APRIL 1', 1118 IN BOOK A57
AT PAGE 180 CONTAINING: SUBJECT TO THB RIGHT OF PROPRIETOR OF A VEIN OR
LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD SAME BE FOUND TO
PENETRATE OR INTERSECT PREMISES HEREBY GRANTBD.
(AFFECTS PARCEL 4)
AN UNDIVIDED 100 PERCENT INTEREST IN AND TO ALL .OIL, GAS, CASIIIIQIIDD ca&,
AND OTHER MINERALS IN, UIIDU, UPON AIID THAT MAY U ftCluOCBD PIION D&SCllIUD
LANDS , TOGBTHBR WITH THE PDPS'ruAL AIID IRUVOCAIILS llICIIT OP IIGaUS AIID ,
EGRESS AT ALL TIMES, FOR THE PURPOSE OF IIITDING Ulal, MIJIIIE, DIIILLIIC AIID
EXPLORING SAID LANDS FOR OIL, GAS, CASilla&AD GAS AIID 011ID NIIIDALS AIID
REMOVING THE SAME THEREFIIOM AS CONVEYED BY DSSD TO ONml B. ,oaaAla) AIID
NORMA A. FOREHAND BY If .If . GILIIERT IN TIIB INSTRUNDn' llscom,a) SUI .... 10,
1946 IN BOOIC 557 AT PAGE 261, AND ANY AND ALL ASSI-..rs 11IDSOP OR
INTERESTS THEREIN .
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EXHIBIT "B"
(AFFECTS EAST 1/2 NORTHWEST 1/4 AND _ EAST 1/2 SOUTHWEST 1/4. SECTION iBl
TERMS, AGREEMENTS, PROVISIONS , CONDITIONS AND 09LIGATIONS AS COtn'AINED IN
TELEPHONE DEED BETWEEN DEER TRAIL TELEPHONE COMPANY, AS GRANTOR AND THE
BIJOU TELEPHONE CO-OP ASSOCIATION, AS GRANTEE, RECORDED SEPTEMBER 20, 1975
IN BOOK 2495 AT PAGE 765 .
RESERVATIONS BY THE UNION PACIFIC .LAND COMPANY OF ALL OIL, COAL AND OTHER
MINERALS UNDERLYING SUBJECT PROPERTY; THE EXCLUSIVE RIGHT TO PROSPECT FOR,
MINE AND REMOVE OIL, COAL AND OTHER MINERALS; AND THE RIGHT OF INGRESS AND
EGRESS AND REGRESS TO PROSPECT FOR, ~NE AND REMOVE OIL, COAL AND OTHER
:~~RALS ALL AS CONTAINED IN DEEfl ~.\>,RDED APRIL 3, 1916 IN BOOK 66 AT PAGE
(AFFECTS PARCEL 4 l
RIGHT OF WAY FOR MONNAHAN RESERVOIR NO . 1 AS DISCLOSED ON PLAT RECORDED
DECEMBER 10, 1915 IN BOOK 2 AT PAGE 23 .
TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER-
THE UNRECORDED FARM LEASE DATED APRIL 30, 1991 BY AND BBTIIEEN LLOYD AND
SHIRLEY LINNEBUR ·u LANDLORD, AND PROGRESSIVE FARMS, A COLORADO
PARTNERSHIP, AS TENAln'.
OIL AND GAS LEASE BY AND BETWEEN LOUISE HOCKMAN, LESSOR, AND J . MICHAEL
MCGHEE, LESSEE, RECORDED July 20, 1994, IN BOOK 7639 AT PAGE 271.
SAID LEASE ASSIGNED TO E. DOYLE HUCKABAY, LTD . IN INSTRUMENT RECORDED ·
AUGUST 9, 1995 IN'· BOOK 8060 AT PAGE 240 .
(AFFECTS SECTION 28)
OIL AND GAS LEASE BY AND BETWEEN ARNOLD L . HOLLINGSWORTH AND JOLETTE
HOLLINGSWORTH, LESSOR, AND J . MICHAEL MCGHEE, LESSEE, RECORDED Jilly 20 ,
1994, IN BOOK 7639 AT PAGE 273 .
_ (AFFECTS SECTION 28)
OIL AND GAS LEASE BY AND BETWEEN HOWARD S. HOLLINGSWORTH AND DONNA
HOLLINGSWORTH, LESSOR, AND J . MICHAEL MCGHEE, LESSEE, RBCORDED July 20,
1994, IN BOOK 7639 AT PAGE 275 .
(AFFECTS SECTION 28)
OIL AND GAS LEASE BY AND BETWEEN POREST E . HOLLINGSWORTH AND NAMCY
HOLLINGSWORTH, LESSORS, AND J . MICHAEL MCGHEE, LESSO, RECORDED Nov91aber
22, 1994, IN BOOK 7781 AT PAGE ,J,.
(AFFECTS SECTION 28)
AN UNDIVIDED 3/4 INTEREST IN AND TO ALL OIL, GAS AND OT1ID MINDALS, BOTH
METALLIC AND NON-METALLIC WITH THE RIGHT OF INGRESS AND BGUSS AT ALL TIMES
TO HINE OR OPERATE FOR THE PURPOSE OF SAVING AND TAKING CARE OF ALL OF THE
ABOVE DESCRIBED MINERALS , AS RESERVED BY JOHN BRISON BUCHANAN, JR . IN THE
DEED TO JOHN MONNOHAN, RECORDED OCTOBER 11, 194' IN BOOK s,1 AT PAGE 98 AND
ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THUETO .
(AFFECTS EAST 1/2 NORTHWEST 1/4 AND EAST 1/2 SOCT1'1111SST 1/4 SECTION 11)
LEASE WITH PROGRESSIVE FAllMS, A COLORADO PARTWUSHIP .
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COUNCIL comuNICATION
Date
January 20, 1997
10 a iv
NTIATEDBY
Department of Public \Narks
COUNCIL GOAL AND PREVIOUS COUNCA. ACTION
To utilize inter-governmental cooperation on projec:1s to benefit al parties.
RECOIIIIENDED ACTION
Subject
Intergovernmental Agreement with
COOT for SH 285 Median Project
from J89on to Cherokee
Staff recommeilds passing a bill for an ordinance approving an intergovemmen1I agreement with the Colorado
Department of Transportation (COOT) to par1icipale in the cost for construc:tion of the SH 285 median project
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDEN1FIED
Pul'IUal1t to the Surface Trw lSPC)l1allon PnJgram tar ellml1111tion of hazards, 1ilderal aid ..r.ty funda have been
made available for the enginllllring and conmuclon of a raiNd median on SH 285 from J89on St. tD Cherokee St
At the reqlat of Englewood , the project includll widenilg the i,llllllCtiOII of SH 285 and J89on St. to provide a
d9cllcad right tum lane inlo Jaon St. The Cly of EliglNood's contribution wa speclllcall,, support coats tar
widening this i illrlllction.
FINANCIAL _.ACT
The total cost of the project .. be funded • fl*Ms:
Federal participllllng funds
Sta. l)lll1ic:ipatil,g ....
Sta non-pel1iclpati,g .,_.
Local agency lump IUffl contribution
Estimllllld tDtal project cost
$353,458.00
39,273.00
12,870.00
20goooo
$425,391.00
The City 's.,_. of $20,000 .00 is avalallle In .. PIF under funding ~ app,~ tar 1t1ia project.
Bil tar an Ordinance
l~ilal Agi•n•ut ... COOT
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ORDINANCE NO . _
SERIES OF 1997
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BY AUTHORITY
ABILLPOR
OOIJIICIL BILL NO. 7
INTRODUCED BY COUNCIL -------
AN OIIDDIANCB AUTIIOIIIZJlfG AN Drl'BIIOOvmtNDNTAL AGUBIIBNT
PftTAINING TO THE MEDIAN OP !'l'Aft HIO!IWAT ffl, Bil Wti!N THE
COLORADO DEPARTMENT OF TRANSPORTATION (COOT) AND THE CITY
OF ENGLEWOOD, COLORADO.
WHEREAS, fecleral aid safety fund.I have been made available for the
engineering and cooatructiOD of a raiNd median OD State Hicbway 285 from Juon
Street to Cherokee Street; and
WHEREAS, at the City of Englewood's request, the project includes widening the
intersection of State Highway 285 and Juon Street to provide a dedicated right turn
lane onto Juon Street; and
WHEREAS, the City of Enpewood'1 contribution of $20,000, will specifically
support COlltl for widening tbil intenection; and
WHEREAS, the City's contribution baa been funded by previOUB Council action;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Sedigp 1. The Inte,sovemmental Al!-ent between the Colorado Department of
TranaportatiCJD (COOT) and the City al Eacl-ood, Colorado, attacbed hereto u
"Exhibit A,. ia hereby accepted and apprllTIICI by the Enpewood City Council.
Sedigp 2. The Mayor ia autbari&ed to ew:ut.e and the City Clerk to au.t and wl
the lnterpvernmental Alr-ent far and OD behalf al the City al Bnpwood,
Colorado .
Introduced, read in full, and pMNd OD tint l'MIWII OD the 20th day al January,
1997.
Publiahed u a Bill for an Ordinance on the 23rd day al January, 1997 .
'l'bomu J . BW'DI, Mayor
ATTEST :
Loucriahia A. Ellia, City Clerk
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I, Louc:riahia A. Ellia, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing ia a true copy of a Bill for an Onlinanc:e, introduced,
read in full, and paued on fint reading on the 20th day of January, 1997.
Louc:riabia A. Ellia
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SHE 2854-057 (1<001)
MEDIAN SH 285
W . OF JASON 10 0 -IEROKEE
Englewood/Region 6 (TDR)
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Routing No. 97 HA6 01027
CONTRACT
nns CONTRACT, made this __ day of _____ 1997, by and between
the State of Colorado for the use and benefit of TI-IE COLORADO DEP AR1MENT OF
TRANSPORTATION, hereinafter referred to as the State or COOT, and the CITY OF
ENGLEWOOD, 3400 South Elati Street, Englewood, CO 80110, FEIN: 846000583,
hereinafter referred to as the Local Agency or the City,
WHEREAS, authority exists in the law and funds have been budgeted, appropri-
ated and otherwise made available and a sufficient unencumbered balance thereof
remains available for payment of project and Local Agency costs in Fund Number 400,
Appropriation Code 010, Contract Encumbrance Number 10301, (Contract Encumbrance
Amount: $0.00); and
WHEREAS, required approval. dearanct:! and cooruinatiou has been accomplished
from and with appropriate agencies; and
WHEREAS, pursuant to Title I, Part A, Section 1007 of the Intermodal Surface
Transportation Efficiency Act of 1991, and 23 C. F. R. as amended, certain Federal funds
have been, and will in the future be, allocated for projects eligible under the Surface
Transportation Program for elimination of hazards, hereinafter referred to as "the
program"; and
WHEREAS, federal-aid safety funds have been mAde available under the program
in project SHE 28.'54-057 for the engineering and construction of a raised median on SH
285 from the west of Jason Street to Cherokee Street in the Gly of Englewood, Colorado,
hereinafter referred to as "the Work"; and
WHEREAS, the matching ratio for this federal-aid project is 90% federal-aid funds
to 10% State funds, it being uru.lerstood that such ratio applies only to such costs as are
eligible for federal participation; and
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WHEREAS, in connection with this federal-aid project, the City of Englewood
desires that the intersection of SH 285 and Jason Street be widened; and
WHEREAS, the State and the City consider it to be in their mutual interest to
cooperate in this project; and
WHEREAS, the State and the City desire to set forth their respective obligations
and responsibilities with respect to the funding of the work, including the additional
intersection widening desired by the City; and
WHEREAS, the City is prepared to provide a lump sum contribution of $20,000.00
to the project for the intersection widening it desires within 30 days of the execution of
this contract, as evidenced by an appropriate ordinance or resolution duly passed and
adopted by the authorized representatives of the City, a copy of which is attached hereto
and made a part hereof; and
WHEREAS, said ordinance or resolution also establishes the authority under
which the City enters into this contract; and
WHEREAS, this contract is executed by the State under authority of Sections 24-
16-101 et seq ., 24-92-101, et seq., 29-1-203, 43-1-110 , 43-1-116, 43-2-101(4)(c) and 43-2-144,
C.R.S., as amended.
I.
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N OW, THEREFORE, it is hereby agreed that
PROTECT DESCRIPTION
'The project" or "the Work" under this contract shall CC>nliist of engineering and
construction of a raised median from west of Jason StrcP.t to O\erokee Street in
the City of Englewood, Colorado, and shall include widening of the intersection
of SH 285 and Jason Street. The specific portion of the pro;ect to which the City
of Englewood is contributing is the widening of the aforementioned intersection
at SH 285 and Jason Street.
PRO[ECT FUNDING PROVISIONS
A. The total cost the Work is estimated to be 5'25,399.00 which is to be
funded as follows:
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b.
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Federal participating funds:
(90'ro of $392,749.00)
State participating share:
(10% of $392,749.00)
State non-participating
share:
Local Agency lump
sum contribution:
Total Funds:
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$353,456.00
$39,273.00
$12.670.00
$20,000 .00
$42.'i,456.00
B. The City shall convey its lump sum contribution of $20,000.00 to COOT
within 30 days of the execution of this contract.
C. The City's $20,000.00 contribution to the Work shall be used by COOT for
widening the intersection at SH 285 and Jason Street.
D . Unless the aforementioned intersection widening is eliminated from the
Work the City's contribution of $20,000.00 shall be completely non-
refundable.
E. The City shall not be responsible for any additional funding for the
aforementioned intersection widening. If the cost of the intersection
widening exceeds $20,000.00 COOT will cover any cost overruns.
F. The parties heTeto agree that this contract is contingent upon aJl funds
designated for the project herein being made available from federal, State
and Local Agency sources. Should these sources, either federal or Loc:il
Agency, fail to provide necessary funds as agreed upon herein, the contract
may be terminated by either party, provided that any party terminating its
interest and obligations herein shall not be relieved of any obligations
which existed prior to the effective date of such termination or which may
occur as a result of such termination.
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m SfATE COMMITMENIS
A . The State will provide liaison with the Local Agency through the State's
Region 6 Transportation Director, 2000 South Holly Street, Denver, CO
80222, 303-757-9251 . Said region Transportation Director will also be
responsible for coordinating the State's activities under this contract.
B. The State will use the funds contributed by the Gty for the widening of
the intersection of SH 285 and Jason Street and subject to fulfilling this
commitment the State shall have no obligation to refund or repay to the
City any portion of the City's $20,000 .00 contribution to the project.
C. Plans and specifications for the Work, including the intersection widening,
shall be the responsibility of COOT.
IV. LOCAL AGENCY COMMITMENTS
A. The City shall contribute $20,000 .00 in lump sum to COOT within 30 days
of the execution of this contract.
v . GENERAL PROVISIONS
A . The tem1 of this contract shall begin on the date of the State Controller
approval (the .. effective date"), as evidenced by the date fi.rst writte.'1 above.
and shall continue through the completion of the Work and final
acceptanl."e by COOT.
B. The terms and conditions of this agreement wll be binding upon the
parties unless modified by a written amendment or written supplement
executed by the parties hereto.
C.
D.
This contract shall inure to the benefit of and be binding upon the parties,
their successors, and assigns .
This contract is intended as the complete integration of all understandings
between the parties. No prior or cmtemporaneous addition. deletioo. or
other amendment hereto shall have any force or effect whatsoever, unless
emborued herein by writing. No sublequent novation. renewal, addition.
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deletion, or other amendment hereto shall have any force or effect unless
embodied in a written supplemental contract executed and approved
pursuant to the State Fiscal Rules.
E. To the extent that this contract may be executed and performance of the
obligations of the parties may be accomplished within the intent of the
contract, the terms of this contract are severable, and should any term or
provision hereof be declareJ invalid or become inoperative for any reason,
such invalidity or failure shall not affect the validity of any other term or
provision hP.reof. The waiver of any brearh of a term hereof shall not be
construed as a waiver of any other term, or the same term upon
subsequent breach.
F. This contract is subject to such modifications as may be required by
changes in federal or State law, or their implementing regulations. Any
such required modification shall automatically be incorporated into and be
part of this contract on the effective date of such change as if fully set forth
herein. Except as may be provided above, no modification of this contract
shall be effective unless agreed to in writing by both parties in an
amendment to this contract that is properly executed and approved in
accordance with applicable law.
G . It is expressly understood and agreed that enforcement of the terms and
conditions of this contract, and all rights of action relating to such
enforcement, shall be strictly reserved to the Local Agency and the State,
and nothing contained in this contract shall give or allow any such claim
or right of action by any other or third person on such contract. It is the
express intention of the Local Agency and the State that any person other
than the local Agency or the State receiving services or benefits under this
contract shall be deemed to be an incidental beneficiary only.
This contract may be terminated as follows:
(1) Termination for Cause. If, Uvough any cause. the City fails to fulfill in a
timely and proper manner all obligations uruler this contract, or if tbe City
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violates any of the covenants, agreements, or stipulations of this contract,
COOT shall thereupon have the right to terminate this contract for cause
by giving written notice to the City of such termination and specifying the
effective date thereof, at least five days before the effective date of such
termination.
(2) Termination for Convepience. If coor determines that it no longer serves
the State's interest to perform the wcxk it may upon JO.day writlen notice
to the Local Agency to cancel this contract. COOT shall effect such
termination hy giving written notice nf tr.nnination to the Local Agency
and specifying the effective date thereof, at least 30 days before the
effective date of !.Uch termination. In that event, COOT shall refund to the
City its funding contribution.
(3) Termination Due to J 95'i: of Fundin&. The parties hereto expressly
recogni~ that this project is contingent upon the funding contributions to
be made by each of the parties to this contract. In the event that such
funds or any part thereof are not made available tor the work, COOT may
immediately terminate or amend this contract.
I . Each party represents and warrants that it has taken all actions that are necessary
or that are required by its procedures, bylaws, or applicable law, to legally
authorize the undersigned sigmtory to execute this contract on behalf of the party
and to bind the party to its terms. The person(s) executing this contract on behalf
of the Local Agency warrant that they have full authorization to execute this
contract.
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IN~ WHEREOF, the parties hereto have executed this contract the
day and year first above written.
ATil:ST:
By ______ _
Chief Clerk
ATI'EST: (SEAL)
Title ____ _
SfA TE OF COlDRAOO
ROY ROMER. GOVERNOR
By_
Executi VI! Ditedor
DEPARTMF.NT OF 'l'RANSPORTA'l10N
CITY OF ENGLEWOOD, COlDRADO
Title-------
Feden.l Employer Identification
Number: 846000583
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COUNCIL COIIIIINCATION
a. ~--8ullject
January 20, 1117 • far .. ordinance adapllng
10 a V
dalgel to TIiie 5, Cllapllr 5 ,, ge Tllmlpr) and l9fflCMIII .. fram .. moralDrlum • ........ ., .........
of Flnanclal SefWlN "-* Dll9Clor
COUNCIL CIOM. AND PMVIOUI COUNCIL M:TION
Thll 1111 far an mdll•a 1111U1 c11anges to TIiie 5, Cllaplar' 5 of .. Cly Code, and IWIIDVN 11111 Cllapllr nm
lie milcllalw ac... fflOl'IIDl1um In e. Cly of EftglNood. Thll 1111 far OIIIIMia wa a1ow e. Cly's*"
to ,-.,ne laulng m-. therapf ac....
N. .. Maye. 1• a111r 11111on. mn dllcl...a .. pnipalld fflOfllOllum w11111e Councl. 0n June 3, 1•.
the Cly Counc:1 INd and .... Onlnanca 25, S.... of 1• on IMI !Ndlng. Thll Onlnanca ..........
mcnlOrlum to run from June 10, 1• to Declmber 10, 1•. Staff dllciaed .__ dlangN wlll Cly Coundl
ate. aldr lllllon on No.ember 12. 1•.
RECOIZCTMDID M:TION
Staff .......... Cly Counc:I approve 111111111 far an Clldlnance.
UCKCIIIOIIND, MIM.ftll. AND ALTIRNATIVD IWIS &
TIie 5, Cllaplar'5w•of .................... on.-.10, 1•. A....-m a .......,llmlm
II reqund ID-. M Olllrqiaallled ..... pnMde .................. ID .. pulllc. TIie a._,
focxwonp,afmlaw.iqp rc..._of .. appllcat. Pttf 11''"'" r Ma •iMllllletnllnlllgand
p.uftttl01•11111Mlrlnllnnm. AIIO,IIJll.:Mand ........ , .... ----Ol'COIIINlld ..
No ............ ldenllled.
~aw:T
Tl'Nt Cly of El ........ CDllecled IZ20.00 In,._... ................... 1•.
L.aT 0, AffACISCBFTI
CGPW of • 1111 far an Oftll•a
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ORDINANCE NO . _
SERIES OF 1997
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BY AUTHORITY
ABILLPOR
COUNCll.BILLNO. 8
INTRODUCED BY COUNCIL
MEMBER _____ ~
AR OIU>INAN'CB UPIL\LING ffl'LI 5, CIL\P'l'Bll 5, AND ENACTING A NEW
TITLE 5, CHAPTER 5; AMENDING TITLE 7, CHAPTER 60, BY ADDING A NEW
SECTION 14; AMENDING TITLE 7, CHAPTER 6E, BY ADDING A NEW SECTION
9; AND REMOVING MASSAGE THERAPY FROM ORDINANCE NO. 25, SERIES
OF 1996 WHICH PERTAINS TO THE MORATORIUM OF UCENSES IN THE
CITY OF ENGLEWOOD, COLORADO .
WHEREAS, the Englewood City Counc:il establiabed a t.emporary 1uapension or
moratorium of certain miscellaneous buaineu lic:emea for a period of six months
with the paaaage of Ordinance No . 25, series of 1996; and
WHEREAS, the moratorium or temporary suapenaion included ma.age therapy
licenses; and
WHEREAS, the City of Englewood wishes to adopt requirements for a maaaage
therapist license which recognize the health and safety issues related to this
profe11ion; and
WHEREAS, the City Council hereby dec:larel that the licensing and regulation of
massage therapy within ita juriadic:tion are matten of local and municipal concern
in addition to bein, matt.era of statewide concern u declared by the Colorado General
Assembly; and
WHEREAS, it is the intention mthe City Council to adopt supplementary standards
for massage therapy within ita juriadiction to thole provided by the Colorado General
Assembly; and
WHEREAS , the City Council hereby determines that enactment of this maaap
therapy ordinance is n_..-y to protect the 1-lth, safety and welfare of the people m
the City; and
WHEREAS, the City of Englewood wisbN to focus on the prmeuional
qualifications of applicants; and
WHEREAS, the City of Englewood wiahN to esclude certain medically supervised
profes1ional1 from the requirement. of this title; and
WHEREAS, the City of Englewood will require applicants to prove they have the
necessary training accredited by the State of Colorado; another state or throup an
approved equivalency program; and
WHEREAS, the City of Englewood will require applic:llllta to prove they have
profes1ional liability inlurance to prot.ec:t the public; and
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WHEREAS, pel'BODII eumpt.ed &om dMae licenaing requirements are IIUbject to
state statues and other requirementa of their prof'Naion; and
WHEREAS, the City of Englewood requires licemecl mauage therapist.a to display
a valid license or have an identification card available for impectiOD BO WlerB of
these services can identify and verify that mauage therapy providers are licensed;
and
WHEREAS, the muaap therapist and musage clinics must have the necessary
insurance for their clienta prot.ection; and
WHEREAS, certain probibitiona have ~ moved to Title 7, u they are more
properly duaified u criminal violatiou; and
WHEREAS, the City of Englewood probihita certain acta to protect the public; and
WHEREAS, the City o( Englewood bu incorporated more IRrinpnt atandarda in
the licensing of mauage therapista than the State of Colorado;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
5a;tjgn 1. The City Council oC the City of Englewood, Colorado repeala Title 5,
Chapter 5, and enacts a new Title 5, Chapter 5, entitled Muaaae Therapy which shall
read u follows :
SECTION:
5-5-1: Definitiou
5-5-2: Liceue Required
5-5-3: Application for Liceme
5-5-4 : Special Conditiou and a..tricti.ou of the Liceme
1-1-1: Hl'INfflONII: FOR THE PURPOSE OF TRIS CHAPl'Ell THE
FOLLOWING DEFINITIONS APPLY:
MASSAGE : ANY METHOD OF PRESSURE ON OR
FRICTION AGAINST OR STROKING,
KNEADING, RUBBING, TAPPING,
POUNDING, VIBRATING OR
STIIIULATING OF THE EXTERNAL sorr TISSUE OF THE BODY WITH THE
HANDS OR OTBBll PAllTS OF THE
RUIIAN BODY OR WITH THE AID OF
ANY MECHANICAL OR ELECTRICAL
APPARA1US OR APPLIANCE, WITH OR
WITHOUT SUCH SUPPLEMENTARY
AIDS AS RUBBING ALCOHOL,
LINDIENTS, ANTISBPTICS, OILS,
POWDER, CllEAIIS, LOTIONS,
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MASSAGE THERAPIST:
LICENSED PREMISES
MASSAGE THERAPY CLINIC:
OFF PREMISES IIASSAGE:
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OINTMENTS OR OTHER SIMILAR
PREPARATIONS USED IN nus
PRACTICE .
A PERSON WHO HAS GRADUATED
FROM A MASSAGE THERAPY SCHOOL
ACCREDITED BY THE STATE
EDUCATIONAL BOARD OR DMSION
CHARGED WITH THE RESPONSIBILITY
OF APPROVING PRIVATE
OCCUPATIONAL SCHOOLS, OR FROM A
SCHOOL WITH COMPARABLE
APPROVAL OR ACCREDITATION FROM
ANOTHER STATE WITH TRANSCRIPTS
INDICATING COMPLETION OF AT
LEAST FIVE HUNDRED (500) HOURS OF
TRAINING IN MASSAGE THERAPY. FOR
THE PURPOSES OF nus CHAPTER, A
MASSAGE THERAPY SCHOOL MAY
INCLUDE 4N EQUIVALENCY PROGRAM
APPROVED BY THE STATE
EDUCATIONAL BOARD OR DMSION
CHARGED WITH THE RESPONSIBILITY
OF APPROVING PRIVATE
OCCUPATIONAL SCHOOLS.
'111B PBEIIISES SPECIFIED IN AN
APPROVED APPLICATION FOR A
UCBNBB UNDER nus CHAPTER
WHICH IS OWNED OR IN THE
POSSBSSION OF '111B LICENSEE AND
WITHIN WHICH SUCH LICENSEE IS
AUTHORIZED TO CARRY ON THE
PRACTICE OF IIASSAGE THEB.APY OR
UCEIVE UQUBSTS FOR THE
SUPPLYING OF MASSAGE THERAPY.
ANY BSTABLISHKENT WHBllE ANY
PERSON, FIRM, PARTNERSIUP,
ASSOCtATION OR CORPORATION
ENGAGES IN, CARRIES ON OR PERMITS
TO BE ENGAGED IN OR CARRIED ON
ANY OF THE ACTIVITIES UNDER THE
DEFINITION OF "MASSAGE" IN nus
CHAPTER.
MASSAGE THERAPY PERFORMED
OUTSIDE THE LICENSED PREMISES.
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5-6-2: UCENSE REQUIRED: IT SHALL BE UNLAWFUL FOR ANY PERSON
TO OFFER OR PERFORM A MASSAGE AND IT SHALL BE UNLAWFUL TO
OPERATE A MASSAGE THERAPY CLINIC IN THE CITY OF ENGLEWOOD
WITHOUT FIRST OBTAINING A LICENSE FOR SUCH ACTIVITY EXCEPT
FOR THE FOLLOWING CLASSES OF PERSONS:
A . PHYSICIANS, OSTEOPATHS, PHYSICAL THERAPISTS,
CHIROPODISTS, PODIATRISTS, OR CHIROPRACTORS LICENSED
IN THIS STATE, THEIR OFFICES AND CLINICS, AND ALL PERSONS
WORKING IN THEIR OFFICES AND CLINICS UNDER THEIR
SUPERVISION AND DIRECTION .
8 . HOSPITALS AND ALL PERSONS EMPLOYED BY INSTITUTIONS
AND ESTABLISHMENTS LICENSED BY THE STATE AS HOSPITALS
WHILE PERFORMING THEIR USUAL DUTIES WITHIN THE
HOSPITAL OR INSTITUTION SO LICENSED.
C . REGISTERED NURSES AND LICENSED PRACTICAL NURSES
PERFORMING MASSAGE SERVICES IN THE COURSE OF THEIR
USUAL NURSING DUTIES .
D . COSMETOLOGISTS AND BARBERS DULY LICENSED UNDER THE
LAWS OF THIS STATE, ACTING IN THE COURSE OF THEIR USUAL
DUTIES AS COSMETOLOGISTS AND BARBERS .
E . TRAINERS OF ANY RECOGNIZED AMATEUR, SEMI-
PROFESSIONAL, OR PROFESSIONAL ATHLETE OR ATHLETIC
TEAM .
g.a.a: APPLICATION POil UCBNIIB:
A. THE APPLICATION FOR A MASSAGE THERAPIST LICENSE OR
MASSAGE THERAPY CLINIC SHALL BE MADE IN ACCORDANCE
WITH THE PROVISIONS OF TITLE 5, CHAPTER 1.
8 . IN ADDfflON THE APPLICANT SHALL BE REQUIRED TO PROVIDE
THE FOLLOWING:
1. INSURANCE REQUIRED : LICENSE HOLDERS ARE REQUIRED
TO MAINTAIN THE FOLLOWING LEVE~ OF INSURANCE :
i. COMPREHENSIVE GENERAL LIABILITY WITH A
MINIMUM COMBINED SINGLE LIMIT OF LIABILITY FOR
BODILY INJURY AND PROPERTY DAMAGE OF ONE
HUNDRED THOUSAND DOLLARS ($100 ,000.00) PER
OCCURRENCE AND AGGREGATE .
iii. FAILURE TO MAINTAIN SUCH INSURANCE OR TO
SHOW SUCH EVIDENCE ON RBQUEST SHALL Bl CAUSE
FOR IMMEDIATE REVOCATION OF THE LICENSE
C. LICENSES GRANTED UNDER THIS CHAPTER ARI Nor
TRANSFERABLE .
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D. EDUCATION .
1. THE APPLICANT MUST PROVIDE COMPLETE DISCLOSURE
OF HIS OR HER EDUCATION AND EXPERIENCE AS A
MASSAGE THERAPIST.
2. TO OBTAIN A MASSAGE THERAPIST LICENSE THE
APPLICANT MUST HAVE GRADUATED FROM A MASSAGE
THERAPY SCHOOL ACCREDITED BY THE STATE
EDUCATIONAL BOARD OR DMSION CHARGED WITH THE
RESPONSIBILITY OF APPROVING PRIVATE OCCUPATIONAL
SCHOOLS, OR FROM A SCHOOL WITH COMPARABLE
APPROVAL OR ACCREDITATION FROM ANOTHER STATE
WITH TRANSCRIPTS INDICATING COMPLETION OF AT
LEAST FIVE HUNDRED (500) HOURS OF TRAINING IN
MASSAGE THERAPY. FOR THE PURPOSES OF THIS
CHAPTER, A MASSAGE THERAPY SCHOOL MAY INCLUDE
AN EQUIVALENCY PROGRAM APPROVED BY THE STATE
EDUCATIONAL BOARD OR DMSION CHARGED WITH THE
RESPONSIBILITY OF APPROVING PRIVATE OCCUPATIONAL
SCHOOLS.
E . CRIMINAL BACKGROUND:
1. THE APPLICANT SHALL BE REQUIRED TO SUBMIT TO A
POLICE BACKGROUND INVESTIGATION AS PART OF THE
APPLICATION PROCESS .
2 . NO PERSON WITH A FELONY RECORD OR WHO HAS BEEN
CONVICTED OF A MORAL TURPITUDE CHARGE SHALL BE
ALLOWED TO OBTAIN A MASSAGE THERAPIST OR
MASSAGE THERAPY CLINIC LICENSE.
5-6-4: SPBCW. CONDfflON8 AND BE8'DIIC'nON8 OF '111B LICENBE: IN
ADDITION TO THE REQUIREMENTS IN CHAPTER 1 OF THIS TITLE, THE
FOLLOWING ADDffiONAL LICENSEE REQUIREMENTS ARE REQUIRED :
A . EVERY LICENSEE SHALL DISPLAY A VALID LICENSE IN A
CONSPICUOUS PLACE WITHIN THE MASSAGE THERAPY CLINIC
SO IT MAY BE READILY SEEN BY PERSONS ENTERING THE
PREMISES .
8 . SANITARY REQUIREMENTS: IT SHALL BE UNLAWFUL FOR ANY
MASSAGE THERAPY CLINIC OR EMPLOYEE TO FAIL TO
MAINTAIN THE CLINIC OR PREMISES IN A CLEAN AND
SANITARY MANNER .
Se,;tigp 2 . More 1trinpnt City ltandardl prevail: Tbe City bu incorporated
title 12, article 48.5 of the Colorado revised 1tatut.. Tbe ltandarda for m--,.
therapy licenam, set forth in thia Cbapt.er are int.mdad to be more stnna-t than the
minimum 1tandarda set forth in Title 12, Anicle 48.5 al tbe Colorado ReviNd
Statut.N . The proviaion, of this Cbapt.er llbaU tbenlon IUpenede ADJ COGflidins
1tatutory proviaiODI in Title 12, Article 48.5 C .R.S ..
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$ection 3 . License Fee: License fees for this Chapter shall be determined and
set by City Council in accordance with 5-1-8 of this Code.
$ection 4. The City Council of the City of Englewood, Colorado, hereby approves
amending Title 7, Section 60, by enacting a new Subsection 14, entitled Massage -
Prohibited Acts, of the Englewood Municipal Code which shall read as follows :
7-61>-14: MASSAGE -PROHIBITED ACTS: IT IS UNLAWFUL FOR ANY
MASSAGE THERAPIST TO PROVIDE A MASSAGE TO A PATRON WHOSE
GENITALS ARE EXPOSED OR FOR TIUS ACT TO TAKE PLACE IN A
MASSAGE THERAPY CLINIC . THIS PROHIBmON DOES NOT EXTEND TO
A CHILD UNDER THE AGE OF 'IWENTY-FOUR (24 ) MONTHS WHOSE
PARENTS ARE PRESENT.
Sod;iop 5. The City Council of the City of Englewood, Colorado, hereby approves
amending Title 7 , Section 6E, by enacting a new Subeection 9, entitled Prohibited
Massage On Minors, of the Englewood Municipal Code which shall read as
follows :
7.eE-9: PBOBIBITED IIAS8AGE ON MINORS: PERFORMANCE OF THE
FOLLOWING ACTS ARE PROHIBITED :
A . IT IS UNLAWFUL FOR ANY PERSON UNDER THE AGE OF
EIGHTEEN (18) TO OBTAIN THE SERVICES PROVIDED BY A
MASSAGE THERAPIST UNLESS THAT PERSON IS ACCOMPANIED
BY A PARENT OR LEGAL GUARDIAN, HAS A PHYSICIAN'S
PRESCRIPl'ION FOR MASSAGE THERAPY, OR HAS A LE'ITER
FROM A PARENT OR LEGAL GUARDIAN AUTHORIZING THE
MASSAGE THERAPY.
B . IT IS UNLAWFUL FOR ANY MASSAGE THERAPIST TO PROVIDE
MASSAGE THERAPY TO ANY PERSON UNDER THE AGE OF
EIGHTEEN (18) UNLESS THAT PERSON IS ACCOMPANIED BY A
PARENT OR LEGAL GUARDIAN, HAS A PHYSICIAN'S
PRESCRIPl'ION FOR MASSAGE THERAPY, OR HAS A LE'lTER
FROM A PARENT OR LEGAL GUARDIAN AUTHORIZING THE
MASSAGE THERAPY.
$od;igp 6 . The Englewood City Council establiahed a temporary napenaioo or
moratorium of certain miacellaneoua bmineu liceDN8 for a period of silt mootha
with the paaaage of Ordinance No . 25, Nriee of 1996 and now ..-ovee the following
licenaes from the moratorium :
Maasage Therapist License
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Massage Therapy Clinic Lice n se. ., I.
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Ses;tiop 7. Safety CJaunea. The City Council, hereby finch, determines, and
declares that this Ordinance is promulgated under the general police power of the
City of Englewood, that it is promulgated for the health, safety, and welfare of the
public, and that this Ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare. The City Council
further determines that the Ordinance bears a rational relation 1D the proper
legislative object sought to be obtained.
Sec;tiop 8. Severabiiity H any cla1111e , aentence, paragraph, or part of this
Ordinance or the application thereof 1D any peraon or circumstances shall for any
reason be lllljudged by a court of competent jurisdiction invalid, such judgment
shall not affect impair or invalidate the remainder of this Ordinance or its
application to other pel'tlOns or circumstances.
Sec;tiop 9 1ommne1iePt Ordjpapce, All other Ordinances or portions thereof
inconsistent or conflicting with this Ordinance or any portion hereof are hereby
repealed to the extent of such inconsistency or conflict.
Sed;iop 10 . Effect qf nmeaJ or modjficatjop "nle repeal or modification of any
provision of the Code of the City of Englewood by this Ordinance shall not release,
eninguiah, alter, modify, or change in whole or in part any penalty, forfeiture, or
liability, either civil or criminal, which shall have been incurred under such
provision, and each provision shall be treated and held u still remaining in force
for the ~ of sustaining any and all proper actions, suit.a, proc:eeclings, and
pn.ecutiona for the enforcement of the penalty, forfeiture, or liability, u well u for
the purpoae of sustaining any judgment, decree, or order which can or may be
rendered, entered, or made in such actions, suits, proceecliDp, or proaecutiODS .
5ectim 11 . taalu-'l1le Penalty Prurieion ofE.11.C . Section l+l shall apply to
each and every violation of this Ordinance.
Introduced, read in full, and pueed on tint readiq on the 20th day of January,
1997.
Publiahed u a Bill for an Ordinance on the 23rd day of January, 1997.
"nlomu J . Burm, Mayor
ATTEST :
Loucriahia A . Ellia, City Clerk
I , Loucriahia A. Ellia, City Clerk of the City ofEnpewood, Colando, hereby certify
that the above and foregoiq is a true copy of a Bill for an OrdiDance, introduced,
read in full, and pueed on tint readiq on the 20th day al January, 1997 .
Loucriabia A. ll1ia
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ODINANCB NO. _
SERIF.S OF 1997
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BY AUTHORITY
COUNCIL BILL NO. 1
INTRODUCED BY COUNCIL
MEMBER HATHAWAY
AN O&DDfANCB AUTHORIZING AN IMTDGOVDNMBNT.AL AGIIDIIBNT
ENTITLED "INTERGOVERNMENTAL AGREEMENT FOR EMERGENCY
MANAGEMENT" BETWEEN VARIOUS JURISDICTIONS THROUGHOUT THE
STATE OF COLORADO AND THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the lnterJOVenmmtal A,reemmt For Em8IJ9llC)' Manapment with
various juriadictions utilizes mutual benefits of shared services and uaistaDc:e iD
the area of police and tire; and
WHEREAS, the parties with to utilize mutual beaefita of sbariq emers-cy
management resources and related servicea durinc dedned diauter emerpnci•;
and
WHEREAS, it is rec:opized that diluter emerpncies may arise iD any
jurildiction, resultini iD sreater demands than the penonnel and equipment iD the
juriMiction can handle; and
WHEREAS, it is iD the beat iDterelt al• jurildic:tion to haff the NrTice of and from
other juriadictiona to amt it iD react:iq to dilut.er emerpaciel; and
WHEREAS, it is iD the beat iDtarwt al -=h al tha .iuriaclid:iaaa to ba'ff -to
emerpnc:y resources to supplement their awn durinc an -apacy; and
WHEREAS, to receive the~ cited abowe, it ii coat 6ctiff for each altha
juriadictiona to make available durinc diwtar emerpncia, ita own _,_ to
other afCec:tecl jurildictiom; and
WHEREAS, thia A,reement...,. a public purpoae by promaaq the aafety,
aecurity and pneral welfare of the rwidmm of the City ofEn,lawood, Colonda;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCll. OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Se;tign 1. The Intersovernmental Acr-•t For E-.-c, 11.aDapment
betw-the various jurildictiC1111 and tha City al Bnclewoad, Colando, attacbad
hereto u "Ezbibit l ," ii banby acc:epted and apprclftd hr the Enpwood City Coimdl.
Sgtjgp 2 Tha Ma:,or ii autbariad to-*-and tha City Ci.rt to au.& ad -1
tha In-.,..rnmental ~ filr and ca blbalf al tba City al £acl-ood,
Colorado.
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Pab1iabad u a Bill tir m <>rcti1wM:e GD tba 9th day al Jmu&r1, 1997.
Raad bytida Ullll pUNd Gil flDa1 radiqGD tba 20th dayaf Jmaary, 1997.
Pabtilbld by tide • OnliDlm,ce No . _. Seriea al 1997, GD tba 23rd day al
Jauar,, 199'7.
ATTEST:
Low:riabia A. Ellia, City CJ.rt
I, Laacriabia A. Ellia, City Clark altba City al Eaplwood. Colando, lm9bJ
certify that die abaft Ullll la 11aias ia a trm capy al tba Ordillaace pMNd GD lbw
rudiDI Ullll publiebecl by title u OrdiDaDce No. _. Sariel al 1997 .
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WITNESSETH THAT:
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INTERGOVERNMENTAL AGREEMENT FOR
EMERGENCY MANAGEMENT
•
WHEREAS, intergovernmental agreements to provide functions or services, including the sharing of costs
of such services or functions, by political subdivisions of the State of Colorado are specifically authorized
by Section 29-1-203 C.R.S. (1986) and other sections of the C.RS.; and
WHEREAS, establishment of an intergovernmental agreement will serve a public purpose and will
promote the safety, security, and general welfare of the inhabitants of the jurisdictions; and
WHEREAS, the jurisdictions hereto are each authorized to provide, establish, and maintain disaster
emergency services as defined by each jurisdiction; and
WHEREAS, disaster emergencies may arise in one or more of the jurisdictions, resulting in greater
demands than the personnel and equipment of that jurisdiction can handle, and
WHEREAS, it is in the best interest of each of the jurisdictions that it may have service of and from the
other jurisdictions to assist it in reacting to disaster emergencies; and
WHEREAS, other jurisdictions who provide similar resources may in the future desire to be included in
this agreement; and
WHEREAS, it is in the best interests of each of the jurisdictions to have access to emergency resources
to supplement their own during an emergency; and
WHEREAS, to receive the resources cited above, it is cost effective for each of the jurisdictions to make
available during disaster emergencies, its own resources to other affected jurisdictions.
NOW THEREFORE, IT IS MUTUALLY AGREED by and between each of the signatory jurisdictions
as follows:
l. a. 'This Intergovernmental Agreement is promulpted under the provisions of Anicle 1, the
relevant portions of Articles S and 22, Title 29, and 24-32-210S C.RS. The statute shall control in case
of conflict between this asreement and the statute . Each and every term. provision. or condition herein
is subject to and shall be construed in accordance with the provisions of Colorado law, the Cwters of
the various jurisdictions, and the ordinances and resularions enacted pursuant thereto.
b . It is understood and agreed by the jurisdictions hereto that if any part, term or provision of this
Agreement is by the courts held to be illegal or in conflict 1arith any law of the Swe of.Colorado, or of
the United States of America, the validity of the remainin& portions or provisions shall not be affected,
and the rights and obligations of the jurisdictions shall be construed and enforced as if the Apeement did
not contain the particular part, term, or provision held to be invalid.
c . All terms and words herein shall have the same definition u provided in Tttles 24 and 29 of
C.RS. except as herein otherwise indicated. "Disaster Emerp:nc:y• shall haw the sane definition u
provided for ·Disaster" at 24-32-2103 (1) C .R.S. Where terms and wards herein are nae so defined they
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INTERGOVER.i."'fMENT AL AGREEMENT FOR
EMERGENCY MAI\.AGEMENT
shall have the commonly accepted defutition .
,.
2. l1lis Agreement provides for the joint exercise by the jurisdictions of the function or service
provided herein, but does not establish a separate legal entity to do so, nor docs it constitute any
jurisdiction as an agent of any other jurisdiction for any purpose whatsoever. This Agreement shall
provide only for sharing of in-kind resources by the jurisdictions.
3. For and in consideration of the promises of each participating jurisdiction , each agrees with the
others that in the event there arc disaster emergencies in the territory served by one jurisdiction which are
beyond the capabilities of that jurisdiction, each other jurisdiction, subject to the limitations herein set
forth, will assist the other, by causing and permitting its resources to be used in responding to such
disaster emergencies in the other jurisdiction. The need for such assistance shall be determined by the
jurisdiction requesting assistance, subject however, to the following limitations:
a. Any of the signatory jurisdictions shall be excused from making their resources available, or
continuing to make their resources available, to any of the other jurisdictions, in the event of the need
of the resources of such jurisdiction within the territorial area of such jurisdiction or any other jurisdiction,
or their prior use at any other place. Such decision of availability shall be made by the jurisdiction
requested to give mutual aid, and such decision shall be conclusive and in the providing jurisdiction's sole
discretion.
b. Mutual aid response by any jurisdiction beyond the political boundary of the responding
jurisdiction is hereby deemed to be approved by the respective Executive and Legislative governing bodies
of the jurisdictions, and such response shall require no funher approval by responsible officials of any
jurisdiction, except as provided by the limitations in Aniclc 3. a (above).
4. Each jurisdiction shall, at all times, be responsible for its own costs incurred in the performance
of this Agreement, and shall not receive any reimbursement from any other jurisdiction, except for third
party reimbursement under Aniclc 7, and except as may be negotiated and agreed to separately, in writing,
by both the requesting and receiving jurisdictions.
5. Each jurisdiction waives all claims and causes of action against all of the other jurisdictions for
compensation, damage, personal injury or death occurrin1 as a consequence, direct or indirect, of the
performance of this agreement, to the extent permitted by, and without waiving any protections or other
provisions of, the Colorado Governmental Immunity Act.
6. Each jurisdiction agrees to allow any other governmental jurisdiction defined under Colorado law
to join in this Mutual Aid Agreement after formal approval by its 1ovcming body and notification by the
depository cited in Aniclc 13 of such action to each of the other si&JWory jurisdidons to this Aareemcnt
Each pany who initially executes this apeement dclepteS to the office of the person executin& this
asreement, or such other panics as they may funher desisnate in writin&, the authority to execute such
amendments as may be necessary in the future -to accommodate the joinder of new jurisdictions to this
Apeement. without chanae of any other terms or conditions of the Apement.
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INTER GOVERNMENT AL AGREEMENT FOR
EMERGENCY MANAGEMENT
7. Each jurisdiction agrees that it will reasonably pUISue any legal reimbursement possible, pursuant
to state or federal laws, for incidents including, but not limited to, hazardous materials incidents, occurring
within its jurisdiction, on behalf of all assisting jurisdictions. Upon payment by the responsible entity,
and after subtracting the reasonable costs of pursuing and collecting the reimbursement, the receiving
jurisdiction will distribute the received funds in a fair and equitable manner to assisting jurisdictions,
based upon a pro rata share of their documented expenses for the involved incident.
8. Nothing contained in this Agreement, and no performance under this Agreement by persoMel of
the jurisdictions hereto, shall in any respect alter or modify the status of officers, agents, or employees
of the respective jurisdictions for purposes of worker's compensation or their benefits or entitlements,
pension, levels or types of training, internal discipline, certification, or rank procedures, methods, or
categories, or for any purpose, or condition or requirement of employment. Worker's Compensation
Coverage shall be as structured in C.R.S . 29-5-109, if the request meets the requirements of C.R.S. 29-5-
103 through 108, otherwise the claim shall be processed as if it were generated by any other work
assignment within the providing jurisdiction. The providing jurisdiction shall remain responsible for
processing any worker's compensation claims filed by their own resources.
9. This Agreement shall be binding upon the successors and assigns of each of the jurisdictions
hereto, except that no jurisdiction may assign any of its rights or obligations hereunder, without the prior
written consent of two-thirds (2/3) of the other signatory jurisdictions.
10 . It is expressly understood and agreed that enforcement of the terms and conditions of the
Agreement, and all rights of action relating to such e:-.for;:emen:, shall be stridy res.erved to the named
jurisdictions hereto, and nothing contained in this Agreement shall give or allow any such claim or ript
of action by any other or third person on such Agreement. It is the express intention of the named
jurisdictions that any person other than the named jurisdictions receiving services or benefits under this
Agreement shall be deemed to be an incidental beneficiary only.
11. Amendments to this Agreement may be made only upon unanimous consent by all then cUITent
signatory jurisdictions. Such consent shall become effective upon its receipt in writing at the depository
cited below in Article 13.
12 . Any jurisdiction hereto may terminate this Agreement, with or without cause, upon thirty (30) days
prior written notice to the signature depository provided below.
13. This Agreement shall be executed by each Jurisdiction on a separate signature page. Original
signarure pages will be held by the Colorado Office of Emergency Management (OEM) or its successor
agency, at its offices at 15075 S. Golden Rd., Golden, CO 80401-3979 or at such other place as OEM
shall determine. Copies of signarure pages shall be provided and certified by OEM to each party
jurisdiction, and such copies shall have the full force and effect u if they were originals. OEM shall
provide timely notice to all party jurisdictions of all additions to and withdrawals of party jurisdictions,
as well as timely notice of the effective date of any amendment to this Apeement .
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INTERGOVERNMENTAL AGREEMENT FOR
EMERGENCY MANAGEMENT
As outlined in the foreaoin& Interaovemmemal Apeement. the below desipated jurisdiction executes this
Agreement on the most recent date indicaled below.
JURISDICTION:_......11C..iI...iTY..._.wOF._.Q_G;wI,EM>P--Dw._ _____________ _
By:---------------------------
Thomas J. Burns
Date:-----------------------.:----
Appl'Oftd as to=·-----------------------
By: -------------------------
Date:---------------------------
Approftd as to=------------------------
By: --------------------------
Date:---------------------------
OTHER:
AlTEST AS TO S1GNA11JRES: ----------------Low:riahi& A. Ellis nt1e: ____________ c; .. 111.1sar-...c; ... 1,.,.r1t ____________ _
Date:---------------------------
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Distribution List
Comprehensive Metro Mutual Aid
December 12, 1996
Les Acker
Bill Scott
Stanley Bush
Robert Christoffersen
Doug Darr
Terry Green
Tommy Grier
Steve Griebel
C. A. Gunderson
Jack Hurst
Dan Montgomery
1 Brian Nielsen
.i Chris Olson
Larry Prehm
James Raymond
Mike Reddy
Mary Wamsley
Kent Patton
Larry Stern
Pat Sullivan
Jack Swanson
Ray Sample
Jon H. Watson
Roger Willard
Joe Schumacher
Rosalie Dukart
Donna Fair
City of Federal Heights
Arvada Police Department
City Of Littleton-Planning Department
Glendale Emergency Preparedness Coordinator
Adams County Emergency Preparedness
Jefferson County Dept. of Emergency Mgmt.
Colorado Office of Emergency Management
Broomfield Police
Northglenn-Chief of Police
Wheat Ridge-Chief of Police
Westminster-Chief Of Police
Lakewood-Environmental Manager
Englewood Department of Safety Services
City of Greenwood Village
Douglas County Emergency Prep. Coordinator
Preparedness-Colorado Office of Emergency Mgmt.
Commerce City Police Department
Aurora Office of Emergency Management
Boulder Office of Emergency Management
Arapahoe County Emergency Preparedness
Federal Emergency Management Agency
Sheridan Police Department
Golden Police Department
Thornton Emergency Management
Arvada Fire Protection District
Adams County Office of Emergency Preparedness
Colorado Springs Office of Emergency Mgmt.
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ORDINANCE NO. _
SERIES OF 1997
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BY AUTHORITY
COUNCll. BILL NO. 2
INTRODUCED BY COUNCll.
MEMBER HATHAWAY
AN ORDINANCE AUTHORIZING AN INTDGOVDNKBNTAL AGJlRICNBN'l'
BETWEEN THE BROOKRIDGE SHOPPING CENTER, THE ELLEN L. CLARIDA
MADDEN TRUST, THE BROOKRIDGE HEIGHTS WATER & SANITATION
DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the Brookridae Shopping Center, lies within the City of Eqlewood
boundariea located at the southeut comer of Broadway and Belleview; and
WHEREAS, the Brookridae Shopping Center water NrVic:es are currently provided
by the Brookridae Heights Water & Sanitation Diatrict; and
WHEREAS , the Brookridae Shopping Center is expanding by building a new
building on the west side; and
WHEREAS, water service to the new addition is not readily available from the
Brookridae Heights Water & Sanitation District; and
WHEREAS, it ia more pnctic:a1 for the developer to connect to the Englewood Water
Syatem with the propoaed water tap beinr connected to the En,lewood Water main in
East Centennial Avenue; and
WHEREAS, the developer and owner will continue to be reapamible for payinc the
Brookridae Heighta fNa to the Brookridae Heights Water and Sanitation Diatrict;
and
WHEREAS, the Brookridp Shoppiq Center will pay all applicable water and
sewer tap r-to the City of Enpewood for thia additional tap;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCll. OF THE CITY
OF ENGLEWOOD , COLORADO, AS FOLLOWS:
5ec;tigp 1. The Interpvernmental Acr-ent between the Brookridp Shoppinc
Center, The Ellen L. Clarida Madden Truat, The Brookridp Htqbta Water &
Sanitation District and the City of Enclewood, Colorado, attacbed b11nto u
"Exhibit A," is hereby accepted and appnm,d by the Eqlewood City Council.
Stc;tigp 2. The Mayor is authoriwl to eacut.e and the City Clerk to atteat and -1
the Inteqovernmental Acnement for and on behalf of the City of En,lewood,
Colorado.
lna-oduced, ntad in full, and pa-1 OD 8nt ntadiq OD the 8th day of January,
1987.
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Puhliabed u a Bill tir an OrdiDaDce OD t.be 9th day of January, 1997.
Read by title and palNCI OD final reading on the 20th day of January, 1997.
Publiabed by title u Ordinance No. ~ Series oC 1997, cm t.be 23rd day of
January, 1997.
Tbo-J. Burm, Mayor
ATTEST :
Loucriabia A. Ellia, City Clerk
I, Low:riabia A. Ellia, City Clerk oft.be City of En,lewood, Colorado, hereby
certify that t.be above and f'onpiDc ia • true copy alt.be Ordinance puaed Oil final
readiq and publiabecl by title u Ordinance No. __. Seriea of 1997.
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INTERGOYERNMEN'J'AL AGREEMENT
THIS AGREEMENT, is entered into this __ day of 1996 by and
between ELLEN L. CLARIDA MADDEN TRUST, Patricia J. Barnes, Trustee, CJWD8l' of the
property known as The Brookridge Shopping Center which iDdudes the property known aa
5188 South Broadway and 5194 South Broadway, wbme ~ ii 2015 Tiara Court, Grand
Junction, Colorado 81503 , (hereinafter referred to u "Owner"); BROOKRIDGE
SHOPPING CENTER, INC., a Colorado Corporation J. Michael Sprigs, President, Leuee
oftbe property at 5188 South Broadway (hereinafter referred to u ("LeaaM"); THE
BROOKRIDGE HEIGHTS WATER AND SANITATION DISTRICT, whole addrNa is
5191 South Penmylvania Street, Littleton, Colorado 80121, henimfter referred to aa ("the
District") and THE CITY OF ENGLEWOOD, whoae ~ ii 3400 South Elati Street,
EJislewood, Colorado 80110 (hereinafter referred to u "EDclewood"l.
WHEREAS , Section 18 (2) (a) of Article XIV of the Colorado Conllitatian, u well aa
Sectiam 29-1-201, m...am., and 29-20-105 oftbe Colorado Beviled Stalma amborize md
encourage governments to cooperate by contracting with one IIIIOtber for their mutual
benefit; and
WHEREAS , there is to be an expansion of the Brookridce Shopping Center by the addition
of a building on the west side of the property; and
WHEREAS , the location of this building makes it umeaaible for the Brookridp Heights
Water and Sanitation District to provide water service from their system which ii
currently used by the remainder of the Brookridp Sboppiq Cent.er; and
WHEREAS . the City of Englewood baa a water line which ii easily aa:aaible from the
area of expansion; and
WHEREAS. it will be beneficial to all parties for the City ofEnplwood to pl'fflde a wat.er
tap and water service for the new builduijr,
NOW THEREFORE THE PARTIES HERETO, FOR GOOD AND VALUABLE
CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS HEB.EBY
ACKNOWLEDGED , HEREBY AGREE AS FOLLOWS:
A. RESPONSIBILITIES OF PARTIES.
1. Enclewood shall make a water tap available for tbe-aftbat part aftbe prapaty
known u the Brookridp SbappiD( Cent.er which baa the addrea af 5188 md SUM
South Broadway and ii d-=ribed u "tbe Premiaa" iD "Ezbibit A" md _.... af
one buildin( located OD the welt aide of aaid Broakridp ShappiDc C.., M
described below :
LOT 1 EXCLUDING ROADS & EXCLUDING THE S. 130 P'EE'l' OF THE N.
140 FEET AND THE W. 130 FEET BLOCit l, BIOODIDGE HEIGHTS;
TOGETHER WITH LOT 1 BLOCK 1A. EXCLUDING ROADS,
BROODIDGE HEIGHTS, 3RD FILING IN THE NOll'l"BEAST
QUAKTEll OF 68 WEST OF THE 6TB PBINCIPAL IIDIDIAN,
AllAPAHOE COUNTY, ENGLEWOOD, COLOLU>O .
S.. alao "Esbibit B."
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2. The Owner, and Leuee agree to accept the tap and water supply for the use and benefit
of the property located at 5188 and 5194 South Broadway.
3 . The Owner and Leuee agree to pay all upeDIN in c:oanection with the iDatallation
and maintenance of this tap and Ul'OCiated water liDes, provided, however, Leuee
shall pay all such ezpenaea during the term of it.a Leaae with Owner, or any memion
thereof.
4 . The Owner and Leuee agree to comply with all applicable permit.a and ordiDancea
of the City of Enplwood regarding the water supplied by the City.
5 . Owner, and Leuee shall take all meaaures ~ to in.aure that there will be DO
crou-connec:tion between the City of Englewood water supply and the District's water
supply.
6 . The Owner and Leuee acknowledge and agree that this contract for water service
from the City of Enclewood in DO way af£ecta their membership in, nor their duty to
pay any mill levy properly impoaed on the subject property by the Brook:rid,e Heilht.a
Water and Sanitation District.
7. The Brookrid,e Heights Water and Sanitation Diatric:t waives itl right to be the sole
supplier of water to the subject property and rele-the owners and leuee of the
subject property from any requirement that they acquire water solely from the
District.
8 . The Brookridp Hei,tltl Water and Sanitation Diatric:t a,reea to allow the City of
Enclewood to provide water to the subject property and releua the City al En,lewood
from all liability cooc:ernmc the supplyinc of water to the subject property.
B. ASSIGNMENT .
Thia Agreement shall not be uaiped by any party without the prior written CODNDt of the
others.
C . NOTICE .
Any notice required or permitted by this Acr-ent aball be in writiq, and aball be
deemed to have been sufficiently pven for all pmpclNI if -t by cen:i15ed mail or
reptered mail, postaCe and .. prepaid. addl'9INd to the party to whom IUCb DOtice ia to be
pveo at the addnN Mt forth below, or at such other ~ M baa him pnriouly
fumiaMd in writiq, to the other party or pania. Such aaCice aball be --.I to baYe been
pveo when depoaited in the United St.atel Mail. 1hl DOtice aball be .. t to:
CITY OF ENGLEWOOD
Stu Fcmda, Utilitiaa Director
3400 South Elaa Stia
Enstewood. Colorado 80110
ELLEN L. CLARIDA MADDEN
TRUST
c/o Particia Barnes, Truatae
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BROODIDGE SHOPPING
CENTER, INC .
J . Michael Spriaa, Preaident
8400 E. Pr.ace Aw. #1140
~ Colorado 80111
BROOKB.IDGE HEIGHTS WATEll
A: SANITATION DISTRICT
Prut Weith, PNaident
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2015 Tiara Court
Grand Junction, Colando 81503
5191 South Penmymmia Stnet
IoittWm, Colando 80121
D. PARAGRAPH CAPTIONS.
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The capCiou of tbe parqrapba are Mt fmtb aaly fir tbe cwvaaiawww 1111d u6zwww of the
parties an not iDt.l!lldecl iD any way t.o cWIDe, limit er daacriN tbe ..,_ er iD1mt of tbia
A,reement.
E. INTEGRATION AND AMENDMENT.
Thia AcJ r r a: mt repraenta the mtire ...,., mt batw tbe Par1:ia • to tbe aallJject
matt.er of tbia AcrNment and there aft DO oral CII' Ja1mal .... I TTlrt CII' ,md .. I'fflllp.
Thia Acr-t may be ameaded only by an~ iD writiq, aipad by tbe pmtia.
If IDY pnmaiGD ii bmd t.o be void by a comt of l'Xlalpefmt jmia:lnwi, DO odlar ...,.._
aball be a6ctad by Reh boldmc. All al tbe NJDeiniD1 ........ of tbia ApNmmt aball
CGDtmae iD fall farce and 6et.
F . WAIVER OF BREACH.
A waiver by any party t.o tbia A,reemmt or tbe bniKb of any tmm er pruriliaa al this
Asr-mt lba1l DOt operate or be c:omtrued u a waner al any~ breech by either
party.
G. AUTHORITY.
Tbe partiel hereto warr&Dt that the ..,....._ below ... fall ad lawfDl audburity 1D
-ie tbil ApNmellt OD bebalf of all of tbe Partia.
TN WITNESS WHEREOF, the putia baz'ltlo _.. _... tbia Ccmtnd tbe clay md ,-r
tint written abaft.
ATTEST : CITY OP ENGLEWOOD
B&OODIDG& SHOPPING cmrrD
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ATTEST :
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ELLEN L. CLARIDA MADDEN TRUST
BBOODIDGB BBIGBTS WATD •
SANITATION DISTIUcr
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ORDINANCE NO._
SERIF.8 OF 1997
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BY AUTHORITY
COUNCll. BILL NO. 4
INTRODUCED BY COUNCIL
MEMBER HATHAWAY
AN ORDINANCE AUTHORIZING TD BXCIIANGE OF PROPERTY TO
HIGHLANDS RANCH METROPOLITAN DISTRICT NO. 3, PERTAINING TO
DR. Ofil.SON AND THE C-470 INTERCHANGE.
WHEREAS, by Ordinance No . 30, Series of 1996, puaed on final reading
August l, 1996, City Council authorized intergovernmental agreements between the
City of Englewood, the State of Colorado Department of Transportation, Douciu
County, Denver Water Department and Highlanda Ranch Metropolitan Distric:ta,
and Dr. Ohlllon concerning the C-470 Interchange; and
WHEREAS, Dr. Ohlaon, the City of Englewood and the Highlaods Ranch
Metropolitan District No . 3 could not come to an agreement; and
WHEREAS, it is the responsibility of the District to proceed with acquiring
thia property; and
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WHEREAS, the City of Englewood hu found the proposed eschange to be fair
and equitable; and
WHEREAS, the District would lib to have the power to oft'er the previoualy
authorized e:iu:hanp; and
WHEREAS, thia Ordinance will not chanse any lepl descriptions
previously authorized but will allow the District to use the City'1 property in ezcbanre
for the Ohlllon euement and will allow the District to use any and all meana to
accomplilh the acquisition of thia property;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS :
Sgtjgp 1. The Grant ofEwt · Project Number: CC 4701-076. Parcel PE . 2F,
for acceu from Eqlewood to ~ atiacbad hereto u Emibit A. may be UMd by the
District to acquire the Relinquiabmmt al Ript-of-Way and Euement A,nement .
Project Number: CC 4701-076 • Parcel Number PR-8, from Obl80ll to City of
Enclewood, attached hereto u Ezbibit B.
Introduced, read in full, and palNd OD tint rudiq oo the 6th day of January,
1997 .
Publilhed u a Bill for an Ordinance OD the 9th day of January, 1997.
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Read by title and paued DD 6ml NMiDI GD the 2IOtb day al January, 1997.
Publiahed by title a OrdiDaDce No . _ Seriea al 1997, CID tbe 23rd day al
January, 1997.
'l'bomu J. Burm, lla:,ar
ATTEST:
Laucriabia A. Bllia, City Clerk
I, Loucriabia A. Ellia, City Clart oltbe City al F,qlewood. Colorado, hereby
certify that the abaft and f'anpiDf ii a true copy al the OrdiDanc:e paued OD fillal
readiDf and pabmbecl by title a OrdiDaDce No. -Series of 1997.
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GRANT OP EASEMENT
PROJECT N'tJMBEll: CC 4701-076
PARCEL NlJMBER PE-2P
TEIS GRANT OF AN EASEMENT ( "this Grant.) is made this --day
of , 1996 by the CITY OF ENGLEWOOD, COLORADO a home rule
City under and by virtue of the laws of the State of Colorado,
("Granter•), whose address is 3400 South Elati Street, Englewood,
Colorado 80110, to ROBERTS. OHLSON, ("Grantee") whose address is
1754 West County Line Road, Highlands Ranch, Colorado 80126.
The Parties covenant and agree as follows:
l. Easement Prope;;v . The "Easem~nt Property" shal l mean
the real property located in the County of Douglas, State of
Colorado, more particularly descr:.bed on at:ached Exhibit PE-2F .
2 . c2nside;aticn . As consideration of this Grant , Grantee
sha ll oav to Granter the sum of Ten Dollars (Sl0 .00 ) and other coed
a_~d v a:l able cor.s i deration paid cy Grantee, recei~t of whic; is
hereby acknow l edged by Granter .
3 . G;a~t of Easement . Granter hereby grants to Grantee an
easement over, across and t!lrough the Easement Property to provide
access to the property owned by Grantee which abuts the east line
of the ~asemen: Property, and generally re:erred to as the ?lum
Valley S~div:.s i on .
4 . Ac;ess . Grantee sha_l have the per;,etua_ r:.gh: of
ingress and egress, :.n, to , over , t::irough and across the Easement
Proper:y for any pu=.,ose necessa:y or des i rable :er the f u ll
en j oyment of the rights granted to GrL~tee under th:.s Grant .
s. Ri=hts of G;)n;o;. Granter reserves the :u :l right to
the uncisturbed ownershi;:, use, and occu;:ancy o: the Easement
Property insofar as said ownership, use, and occupancy is
consisten t with and does not impair the rights granted to Grantee
to t h is Grant . Cost of repair and restoration o: any sur:ace
improvements sha ll be cone at the cost of the Grantee .
6 . Grantor's R;chts to Relocate . Granter shal l have the
right to relocate or require Grantee c o relocate the easement and
any i m;:rovements t herecn at the expe~se of Granter and to terminate
the easement herein granted . To t~e extent the easement and any
improvements are relocated , Granter shall grant or cause to granted
to Grantee an easement or rights for the relocated easement and
improvements, as the case may be, reasonably similar in nature and
scope to the easement herein granted and provided that the
improvements as relocated will be reasonably comparable in all
material respects to the im;:rovements at the time of relocation .
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7 . Abandonment; . In the event that Grantee shall abandon
the rights granted to it under this Grant, all right, title and
interest hereunder of Grantee shall ceue and terminate, and
Grant or shall hold the Easement Property, as the same may then be,
free from the rights of Grantee so abandoned and shall own any
improvements of GrantH so abandoned.
a . war;:ant;y gf Tit;lt. Granter warrants and represents Chat
Granter is the fee simple owner of the Easement Property and Chat
Granter ha• full right, title and authority, and Chat this Grant is
effective to grant and convey to Grantee the within described
easement subject to easements and reservations of record. Granter
further covenants and agrees to indemnify, defend and hold Grantee
harmless from and against any adverse claim to the title of the
Easement Property by all and every person or persons lawfully
claiming or to claim the whole or any part thereof except those of
record.
9. Binding Effect. Thia Grant shall extend to and be
binding upcn the heirs, personal representatives, successors and
assignees of the respective parties hereto. The terms, covenants.
agreements and conditions in this Grant shall be construed as
covenants running with the land.
IN WITNESS MHEREOF. the ~ies hereto have executed this
Grant of Easement the day and year first above written .
A~..ST:
I.oucrishia A. Ellis,
City Clerk
STATE OF COLORADO
COUNTY OF ARAPAHOE)
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By:~~~~~~~~~~~-
Thomas J. Burns,
Mayor
This foregoing instrument was acknowledged before• this_
day cf , 199', by Tbcmas J. Burns •• Mayor and
I.oucrishia A. Ellis u City Clerk of the City of Englewood.
llocary Public
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STATE OF COLORADO
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GRANTEE:
ROBERTS. OHLSON
COONTY OF
This foregoing instrument was acknowledged before me this_
day of , 1996, by Roberts. Ohlson .
Notary Pui)lic
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PARCEL FROM CITY OF ENGLEWOOD TO ROBERTS. OHLSON
EXHIBIT "PE·2F" • PROJECT NUMBER: CC 4701-076
PARCEL NUMBER PE-2F
June 25, 1996
A permanent Easement No. PE-2F of the Department of Transportation, State of Colorado, Project
No. CC 4701--076, containing 3,103 square meters, more or less, being a portion of a parcel
described in Book 133, Page 4, Douglas County Records, in Section 4, Township 6 South, Range 68
West of the Sixth Principal Meridian, in Douglas County, Colorado, said trad or parcel of land being
more particularly described as follows:
Commencing at the NW Comer of said Seciion 4, whence the W 1 /4 Comer of said Sedion 4
bears s .0•34·5s·E. 885.415 meters (2904.90 feet); Thence s .11•32'36"E., a distance of 959.798
meters (3148.94 feet) to the TRUE POINT OF BEGINNING , said point being also on the westerly
boundary line of Plum Valley Subdivision, recorded at Reception Number 98341, Douglas County
Records ;
1. Thence s .01 ·os·o1 ·E. along said westerly boundary line of Plum Valley Subdivision. a distance
of 18.402 meters (60 .37 feet);
f=2 . Thence S.8s•43·1o·w.. a distance of 110.513 meters (362 .58 feet );
3. Thence along the arc of a curve to the left having a radius of 21 .280 meters (69.82 feet ). a
distance of 14 .821 meters (48 .63 feet) (the chord of said arc bears S.69•46'01"W .. a distance
of 14.523 meters (47.65 feet));
4. Thence 5 _49•49·52·w.. a distance of 37 .017 meters (121 .45 feet);
5. Thence N.40"11 '08"W., a distance of 18.400 meters (60 .37 feet);
6. Thence N.49.48'52"E., a distance of 37 .017 meters (121 .45 feet);
7. Thence along the arc of a curve to the right having a radius of 39.680 meters (130.18 feet), a
distance of 27 .636 meters (90 .67 feet) ( the chord of said arc bears N.6s•45·01·e .• a distance
of 27 .081 meters (88.85 feet));
8. Thence N.8s•43·1o·e .. a distance of 110.250 meters (361 .71 fHt) to the TRUE POINT OF
BEGINNING.
The above described Parcel contains 0. 767 acres/3, 103 square meters, more or less .
0 BASIS OF BEARING : Grid bearings were detennined by global positioning system methods .
Bearings are referenced to the line between point 1001 and point 192. The line between the two
monuments bears : s .e1•1e'29"W .
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For the purpose of ingress and egress .
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RELEASE Of R!Gh'I-9f-WAY AND WEMENT AGREEMENT
PROJZCT HCKBER CC-4701-076
Hltat. NOJIBBll PR-8
This Release of Right-Of-Way and Easement Agreement is made
and executed this _ day of , 1996 by ROBERT S. OHLSON
(Ohlson), whose address is 1754 West County Line Road, Highlands
Ranch, Colorado 80126, and the CITY OF ENGLEWOOD, COLORADO, a home
rule City under and by vi=tue of the laws of the State of Colorado
(Englewood), whose address is 3400 South Elati Street, Englewood,
Colorado 80110.
WHERli:AS, Ohlson and Englewood are the parties to that Right-
Of-Way and Easement Agreement recorded October 26, 1965 in Book 166
at Page 261, Reception No. 124070 in the records cf the Clerk and
Recorder for Douglas County, Colorado; and
WHEREAS, Englewood has conveyed a :-eplacemenc easement to
Ohlson by separace instrument a.~d Ohlson w~shes to rel~nquish all
interest in that Right-Of-Way and Easement Ag=eemenc.
NOW, THEREFORE, in and :or geed a.,d valuable consideration,
the receipt and suf:iciency of which is hereby acknowledged, Ohlson
does hereby RELEASE, RELINQO!SH AND QUITCLAIM all right, title and
interest in a.~d to the Right-of-Way and Easement Agreement recorded
October 26, 1965 in the records of the Douglas County Clerk and
Recorder, Douglas C~unty, Colorado at Reception No. 124070 unto
Englewood, its successors a.,d assigns.
IN WITNESS WHEREOF, Ohlson has exeC"..ited this Release of Right-
Of-Way and Easement Agreement as cf the date and year f~rst above
wr~tten.
STATE OF COLORADO )
)ss. COUNTY OF ________ )
ROBERTS. OHLSON
This foregoing instrument was acknowledged before me this_
day of , 1996, by Roberts. Ohlson.
Notary Public
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.: ... if _,_~;;-~-r.1-.. !.f·,r ·. -;,}:·-·.:_-:-.
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't'lf".S !?lt::.?..i.al£ • .ide dliA ff/( U1 of _, .. 7',..,,_,,_·:-----
1965, oy cd s.::-.-r-!5 ...... ~ C'f ~-~· • ~ci."?•'-~rpora-
of Dou;l.u, sua of Culorai!..;
acloOWl.adged. i'a::-:Y of C8 ~-sc pc:=. to: !.:sa~. :.:s as•iF•
a::c!. .,,:.c::tssors. covea&ni:s am s=cu wii::h aid ~ t!:a ,•~;.as
l~ for cillm. i:=8:L: ba1 ::::S, ass:.i::s,. s;s:a a:::. se:-ran:s,
::eir :mian:s aid oc~a !::=-c.aa --~ ~. c! ce premisH
n~ hal.li ~ sac:nd ;,ar-:ia• iii =a ~ of i)o14l.as, s:a~• ur
t.o:s l c.~ 6 • !I.mt V.AUl:t smz>IV"'.SlOB ,
l,oc:icad in P.:: of ca 'A· of =a 111:-t of Sec~;;
~. T. Cl S., IL. ii w.; o:.·:::ia •~ 1·.:a.
and ..
pa:~as of~ sacOIMI ~· ac all~• ~ly :o pass aid
ffll&SS oa fi,oc. or 'ld.Q·.:~1,s, -id.cl.as. loads or ocie:-.r'Je.
ch-~ and avar a ,.~.-of. =a: ca:::i:l ,a.-:sl of : .. lcy pnscii:!.y
owaed by ~-:y of c~ fi,:SC pa:-:. c::.c!l pC-: clffl1\CC~S f!.::'SC
pa:,:Y' • :suC7 wi.::!l a ~ s.~ ~ and utu.c!:l i.S 40
=eac vtda. aiSCJII 10 :19aeC • eac: side of • liD• 1M~o cha
saiJ s:aca UP-Y aad· • ,m.nc • ..-,cl ~_..' N&lC1', wtu.c!:l
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c:~~ a: :!le 1W c:o::scr of Sec:ion 4,
T. 6 S. , ~. 61 w, , of :!le 6dl 1' .M. , ClaSIC:a
$. 59a 1.6' Jc• E &!=I C::C ~== l!.:: =~
NU Sec::!.o: 4 ll9.l !ae~ dlimce s. 76°
2!.' 30• !: lHl.33 faec; c:ccc S 4"° 21.'
30" ! l.41.S fnc co a paJ.:ac m die Scnzciarly
r..pc of way am Cl4 tlle Sca:a iliplv,ay wci..:~
ri=: ~ :!:a ~ ?'"f"c ot 1Mfinn1q:
Tbcca s 46° 11' Jc• i i6.5 laec;
n=sca S 6-0 ll' Jo·! l~.5.1 f.aec;
=-aca s u 0 . 31' JO" z ua.o laec;
Thence 5 i4° 51' 30" E 115.0 !Mc;
n.ace I Sl0 51' 30" E !.2.S.O a:;
~ S 11° 43' I 2%9.63 faac :o a poinc = ca .:u: UM of x.,,c l, · Pla Val.lay;
own cos: ad. expaN, rap&!= and uinca.n Mid bridp c:=e:uf:a:-.
nw second par.!.•; ·for c!laael.,.., :!=ai: hu..-s and ad.pa,
=a: C!wy, fraa daa C8 daa, •d &C all =a.a ban&i:a:', &C
=a!.:' avll c:osc -.,._,.., Will -,U:' ... aaiaca£a, ncl ..,
ftl'&i--.d, ill a pnpci-, nucaadAl. aul -.1 liJse aawr, dla
roadlla7 • cm r..pc of ,.. .. 1•1 =•• _. ..u 1111:ia u ~
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::.:: _,.. &Dll .M&!S =-~-aiid. .,ea= r--s:....,. ~--;~ .
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ORDINANCE NO. _ f
SERIFS OF 1997
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BY AUTHORITY
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COUNCIL BILL NO . 5
INTRODUCED BY COUNCIL
MEMBER HATHAWAY
AN ORDINANCE AUTBOBlZlllU A GRANT OP WATBB LINE BASBNBNT AND
A TEMPORARY CONSTRUCTION EASEMENT BETWEEN THE CITY OF
ENGLEWOOD, COLORADO AND THE A-Z COMPANY (THOMAS PLATING).
WHEREAS, the Englewood Utilities Department bas to relocate and upsize two
water mains that are being affected by the South Windermere improvements; and
WHEREAS, the 2T raw water line from Union Avenue Pump Station and the 16"
treated water line that services the Centennial area are affected; and
WHEREAS, the Colorado Department of Transportation installed a new 36" raw
water main and a 24" treated water main under the railroad tracks and South Santa
Fe Boulevard; and
WHEREAS, the City now needs to ext.end these mains to South Windermere
Avenue where they will be connected during the upcoming Windermere
Improvement Project; and
WHEREAS, to connect these pipelines, the City will need to acquire 30' x 329'
euement to the north of the A-Z Company buildinir, and
WHEREAS, an area will alao need to be obtained, on a temporary buia, for
stockpiling of soil and equipment; and
WHEREAS, after completion of the project, the site will be returned to near
preconatruction condition; and
WHEREAS, there were many concerns of soil contaminatioo due to the previoua
plating activity in the adjacent buildinir, and
WHEREAS, the soil analysis by A.G . Wuaenaar, Inc . and approval by the
Colorado Department of Huardoua Wute and Manapment have alleviated these
concerns in the euement that the City ia obtaininc; and
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD , COLORADO, AS FOLLOWS :
Sec;tjon 1. The Grant Of Water Line Ewment and the Temporary Conatrw:aon
Euement between The A-Z Company (Tbomu Plaan,) and the City of Eqlewood,
Colorado, attached hereto u "Exhibit A. and Emibit 8," ia benby accepted and
approved by the Englewood City Council.
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Sed,ign 2. 'lbe Mayor ii authorized t.o aec:ute and the City Clerk t.o atteet and seal
the Intergovernmental Ap"eement for and OD behalf of the City of Englewood,
Colorado.
Introduced, read in full, and puaed OD first readinc OD the 6th day of January,
1997 .
Publillbed u a Bill for an OrdiDaDce OD tbe 9th day m January, 1997.
Read by title and puNCl OD final readmc OD tbe 20th day of January, 1997 .
Publillbed by title u OrdinuM:e No. _. Series m 1997, OD tbe 23rd day of
January, 1997.
Thomu J . Buma, Mayor
ATTEST :
Lt,ucriahia A. Ellis, City Clerk
I, Louc:riabia A. Ellil, City Clerk of the City ofEn,1-oocl, Colorado, hereby
certify that the aboff and fonauiDI ii a true copy of the OrdiDaDc:e puNd OD final
reading and publillbed by title u Ordinance No . _. Seri• of 1997.
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GRANT OF WATER LINE EASEMENT EXHIBIT A
TIUS GRANT of casement is made this ___ day of _________ • 19 __
by The A-Z Company, whose address is 4520 Lariat Drive, Castle Rock. Colorado. hereinafter refemd
to as "Gramor", in favor of the City o(Enclewood, a Colorado Municipal Corporation. whose address
is 3400 South Elati Street, En&lewood, Colorado , hereinafter referred to as "Grantee".
The parties covenant and aaree as follows:
t. Easement prooeay: The "Easement Property" shall mean the real property located in
the County of Arapahoe. Stare of Colorado, more particularly described and shown as "PE-I" on
Attachment A, consisting of 2 pages, attached hereto and incorporared herein by reference. This
Easement Property shall extend to a depth not to eSCffll the U.S.G.S. -bued elevation or~
reet, wbicb Is approximately 1.5 reet below the CUITent surrace leYel or the land. Below said
elevation, Grantee shall have no ripts, privllqes, or responsibilities whatsoever.
2 . Grant of Easement: Grantor hereby grants to Grantee, its successors and/or assigns, a
perpetUal. nonexclusive easement ("Water Line Easement") over, under, across. and through the
Easement Property for the purpose of constr\lCWII, operating, mairnaining, repairing, replacing,
removing, and enlarging the "Lines and Appurt.enances", as hereinafter defined. "Lines and
Appunenances • shall mean one or more wa1er pipelines and all necessary underground and surface
appunenances thereto necessary or desirable for tbe trammissioo of wa1er, includin&, bul noc limited to,
mains, conduits. fire hydrams . vaults. ventilators, electric or ocher control systems, cables, wire. and
connections .
3. Consjderatjon: As consideration for tbis Gnm. Gnme bas paid to Gramor tbe sum of
lWENTY-lWO THOUSAND SIX HUNDRED DOLLARS ($22,600 .00), tbe receipt of which is hereby
acknowledged by Grantor .
4 . wns: Gramee shall have tbe perpenaal. nonexclusive right of ingraa and egress in, to.
over. through and across tbe Easemem Property for any purpose necessary or desirable for tbe full
enjoymem of tbe riglns granred to Grantee UDder tbis Gram.
s. Restoration: Gramee agrees that after tbe comuuctioo, maiWNna:, repair. replacement,
removal. or enlargement of tbe Lines and AppuncmDces, Gnmee, • Gnmee's sole COit and expense,
shall rawre tbe surface of tbe Easement Property • nearly • reasonably pouible to tbe Jradc and
condition of tbe Euemau Property existin& immedmly prior to said comuuction. maiwo1ncr, repair,
replacement. removal, or eolarpmem, except • may be neceuary to accommod• tbe Lines and
Appunemnces.
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6 . No Improvements: Gramor covenants and agrees not to constrUct, erect. place, or plan
any "lmprovemems •• as hereinafter defined. on tbe Easement Property without obtaining tbe prior written
consent of Grantee. "Improvements" shall mean any structure. buildin1. plantings. trees, or shrubbery
other than a lawn or parking lot. Grantee shall have tbe right to remove, without any liability to Grantor,
any improvements consauctcd. ereaed. placed, or planted on tbe portion of tbe Easement Propeny
without Grantee having obtained tbe prior written consent of Grantor.
7 . Sybadjacent and Lateral Support: Grantor covenants and agrees that Grantee shall have
tbe ri&bt of subadjacent and 1'111:ral suppon on tbe Easement Property to whatever extent is necessary or
desirable for the full. complete, and undisturbed enjoyment of tbe ri&hts granted to Grantee under this
Grant .
8. Rjghts of Grantor : Gramor reserves tbe full right to tbe undisturbed ownership, use. and
occupancy of the usement Property insofilr as said ownenbip. use. and occupancy is consistent with,
and does not impair the rights granted to Grantee under this Grant.
9 . Abandonment: In tbe event that Grantee shall abandon tbe rights lfaD(ed to Grantee under
this Grant. all rights. title. and inmest bereunder of Gramee shall cease and tmninale. and Granror shall
hold tbe Easement Property. as tbe same may tben be. free from tbe rights of Grantee so abandoned and
shall own all materials and SU'IICIUres of Gramc so abandoned. provided dial Gramee sball have a
reasonable period of time after said abandoamem in which to remove any or all Lines and Appunenances
from tbe Easement Property. In tbe evem tbal tbe Easemem Property is abandoned by Gramme. Gnmor
shall have tbe right. at its sole option. to require Gramee to remove or neutralize any improvements
consauctcd in tbe Easement Property by Graiae.
10 . Warranty of nu,: Gramor WamlllS and rcpresems dial Grantor is tbe fee simple owner
of tbe usement Property and thal Gramor ba flail ripl. tide. and aumomy to lfanl aad convey to
Gramee tbe W'lll!r Line Easemem. and thal this Gram of eacmem is superior to all other ,rams of tbe
Easement Propeny. if any . Gramor fllnbcr CoveDIIIII and a,rees to indemnify. defend. and bold Gramee
harmless from and a,ainst any advene claim to tbe title of tbe Eaemenr Property by all and every person
or persons lawfully claimin& or to claim tbe whole or any pan cbereof.
11 . Bjndjng Effect: This Gram sball mend to and be bindina upon tbe heirs, personal
represeowives. successors. and assism of tbe respecave panics bento . The renm, covenams,
a,reemems. and conditions in this Grm sball be COlllll1* • c:ovenam l'IIIIIWII with tbe land .
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IN WITNESS WHEREOF, the parties have siped this apeemmt as of the day and year first
above wriaen.
Aaat:
STATE OF COLORADO
COUNTY OF
) SI.
)
GRANTOR: The A-Z Company
Title:
Acknowledged before me this __ day of --------· 19 __ by ___________________________ _
My Commission expires : ------
Aaat:
ST ATE OF COLORADO
COUNTY OF
) IS.
)
Nowy Public
GRANTEE: Ciry of Eqlewood, Colorado
Tade:
Acknowlcdpd before me this ___ day of --------19 __
by ___________________________ _
My Commission expins : ------
Noary Public
Plte3af3
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The nor1h 30.0' af the south 50.0' of Lot 4, Bel Ille Gardena Subdlvllion,
City of Englewaod, Arapahoe Coun&y, Colorado. Conlaina 9,885.95 S.F. :t.
11 110 I I ,,,...
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ATTACHMENT A
THOMAS PLATING EASEMENTS
____ 120.:__
TE-2
PERMANENT EASEMENT
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• I BELL ISLE GONS
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LOT 4
147.051
221.~i' L---------------------
TE-I : 6631.90 Lf.
TE-2•6000.00 s.f.
TE-3• ~.6S a.f.
PE-I• 9797.40Lf.
T •3
MOE20F2
20'
,. •50'
RCM II/IIIM
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TEMPORARY CONSTRUCTION EASEMENT EXHIBIT B
THIS TEMPORARY CONSTRUCTION EASEMENT, made this __ day of
------· 19_ by and between 11le A-Z Compaay ofDoqlas COUDty Colorado, hereinafter
referred to as "Gramor". and the City of Eapwaod, a Colando Muaidpal Corporation. hereinafter
referred to u "City",
WITNESSETH:
WHEREAS. the City owns and operares a water distribution system which includes cenain major
raw water and treated water transmission mains, and.
WHEREAS, because of, and in conjunction with. the Colorado Depanment of Transportation's
construction projects on South Sama Fe Drive and South Windermere Street, it is necessary for the City
to relocaie said transmission mains, and.
WHEREAS, the City desires to improve the condition and reliability of its transmission mains,
NOW, THEREFORE, IT IS AGREED between Grantor and the City as follows:
I. Grantor, for and in coasidentioo of the sum of TWO TIIOUSAND FOUR HUNDRED
DOLLARS ($2,400 .00) in band paid to Gnmor. the receipt of which is hereby aclmowledpd, ,ram and
conveys to the City a tempOmy ~easement.fora period ofOae Hundred Eipty (180) days
commenciq , 19 __ • over and acroa the followiq real esaa silua in the
COUDty of Arapahoe. Colorado. to wit:
ux 4. Bell Isle Gardens Subdivision, City of En,lewood, Arapahoe County. Colorado.
hereinafter referred to as tbe "Property·.
The Temporary Coasuuctioa Encmmr is leplly described and sbown as "TE-I",
"TE-2", and "TE-3" on Amc:bmem A, consisdJlc of 2 paps. aa.acbed bemo and
incorporarcd herein by reference .
2 . This euemem shall include the ripl for the City to Cllll:I' omo the Property u neceasary for
the construction of rwo warcr tl'llllllliuioa liDes includiq the movement of vebicles. machiDery. and
equipmem across the Property.
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3. TIie Cily 1111W dla. lier COllllnlCtion rA die two tr......,jgpt Uw, die City, a die
City's sole COit al apwe. mall l'llllft die Property • wrly • lalClllblJ poal,le to die coaclidm
oldie ProplllJ .... i---'iwty prior IO said COllllniCdoll. TIie City 6adler 1111W IO ratore al
repair ay illlplOW'W of Gnaor OD die Property wllida lie d,,,...,, modifted or allered by die City
duriDI llid COIMnlClioa.
IN WITNESS WHEREOF, die panill lave liplll dlil + I I • of die clay 111d year ftnt
above~
GRANTOR: THE A-Z COMPANY C'I'Y OF ENGLEWOOD, COLORADO
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Attachment A
..... Deecrtpaona far
TEIIIPORARV CONSTRUCTION !AIEIIINTS
THOlltS PLATING COMPANY
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t. The south 20.0' d Lot 4, Bell Isle Gardena Subdivilian, City of Englawaod,
Arapahoe County, Colorado. Contains 8,531.90 S.F. :t.
2. Beginning eo.o· north rA and 221.w wast of the S.E. camer of Lot 4, Bel i..
Gmaena Subdivilion, City of Englawoad, ArapahDe County, Coloraco; thenca _.
parallel to the south lne d Lat 4 100.0' to the WNt line of uid Lat 4; thence
northeatllrly along uld wat NM to a point12C.O' north of the south lined Lot 4;
thence wt and parallel to aid saulh line 100.0 '; 1twa sourt1w11tarty and parallel
with the wNt line of Lat 4 ID the point of beg. Said pa,cal canlainl 5,000 S.F. :t.
3. The north 10.0' dthelGUlh 80.0' dLot4, Bel llleGanlarw SUbdMlion, Cityd
Englawaod, Arapahoe County, Colcndo. Containa 3,225.85 S.F. :t.
Tis 2 ,,,. ..
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ATTACHMENT A
THOMAS PLATING EASEMENTS
TEMPORARY CONSTRUCTION EASEMENTS
____ &0~--,
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TE·2
TE· I • 6631.90 a.f.
TE-2•6000.001.f.
TE·3• 322S.IS 1. f.
PE·I• 9797.401.f.
304.:'
BELL ISL£ GONS
MCE20F2
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LOT 4
147.0C'
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SPECIFIC PERFORMANCE CONTRACT
RECEIVED from the City of £aalewood, a Colorado Municipal Carpantian, Purchaser, the sum of
/;(.) 4()~,((;Si. 4e8 .88 in the form of a cbeck to be held by Tbe A-Z Campeay, Seller, as earnest money and partial d ~ for the followin& descnlled easemems situaae in the County of Arapahoe, Stare of Colorado to
A perpetual. nonexclusive Waser Line Easement and three Temporary Consuuction
Easements as fully descnlled and shown on Exhibit A, consisting of S paaes. and Exhibit
B, consistin& of 4 pqes, respectively, bom aaacbcd hereto and incorponml herein by
reference.
which casements purchaser aerees to buy upon the followin& terms and conditions for the purchase price
of~ payable as follows : ~ f2~~tJ0,0C:,~t
f;t.l)(X,t,o S~. bereby receiprcd for, SS,000 p~ously paid per Temporary Easement apeement between
I
the parties hereto daaed Aupst 13, 1996, and Sl0,000.00 payable in cash upon closin&.
1. A current cOIIIIIUIIDelll for tide iDsurancc policy in an amount equal to die purchase price shall
be obuined by purchalcr • pun:baer 's apemc.
2 . Tltle shall be madllmble iD die seller . Subjc to~ or IIDller • above provided and
compliance with die other ter1111 md c:oadiacm bereuDder' by purc:balcr, seller sball eucu1e and deliYer
a Gram of W,ar Line EIIC'DCS and a Tcmporay COllllnlCtion Eaemem to said purcbalcr on Jmmy
24. 1997. or by mutual.-•• earlier dae.
3. The hour and place of closill& sball be dai.,.,.,.., by pun:baer.
4. The ri&bt to use dlac e•1mem1 by purchalcr sbaU CINI Aloe 1IIIOII delivery ofdle Gram of
Water Line Easement and die Temporary COllllnlCUOD E-
S. Time is of the eueoc:e hereof. and if any paymem or any ocber coadicion hereof is not made,
rendered, or performed by eitbcr die seller or purchalcr • bereiD provided, dlea Ibis conaaa. • die
option of die party who is not iD deaull. may be 1lel'llliDad by sucb pany, ill wbic1l CIIC die aott-
defawtin& party may recover sucb cllNpl •maybe proper . In die evem of IUCb ddaalt by die seller
and the purchalcr eleas to 1re11 die c:omnct • .......t. dlea Ill pa,-made ..._ sball be
rcmrned to the purchalcr. In die evem of sucb ddaalt by die pun:bar ad die 111111' eilcll to nm die
comraa as rcrmiDlled, dlea Ill pa,-made .... sbaU be bflilld ad ..... oa blllllf of die
seller. In die eYelll, bowewr, die ...,_,.,.. pan:, eilcll to a. dlil c:cm"ICl • ._. ill 6all fan:e
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and effect. die oon-defaultiq party shall have die ript to an action for specific pcrformaace and
damqes. The noa«flultin& party shall be entitled to COIIS, expert fas, 111d lltOrDey fas.
6. In die event the seller fails to approve tbis iDSUUmellt in wriliDI within five (5) clays from the
dllC hereof. or if title is not men:lwmble and wriaea aoace of cldecls is siveD to the seUer or .-
within the time berein provided for delivery of e• i IIICDII 111d shall DOl be rendered mercbamble widlin
thirty (30) days ~ such wriaea notice, then tbis coatnct. • pun:llller's opaon, shall be void and of
DO effect and acb party hereto shall be relelled from all oblipiOIII bereuader, 111d the paymems made
bereuader shall be rebUDlld fonbwitb to purcbller upon reaarn of die abllncl. if any. to seller; provided,
bowever. dial in lieu of c:onectiq such cldecls, seller may. widaiD llid dlirty (30) clays, obraiD a
c:omminnenc for Owner's Tide lnsuraDcc Policy in the IIDOUDl of the pun:lme price sbowiDa the tide to
be free from such defecu 111d seller shall pay full premium for such Tide lnsuraDcc Policy.
7. Upon approval bereof by the seller, dais apeemaa shall become a COlllnCt betweeD seller 111d
purcbller and shall inure to die beneftt of the heirs. sua:mors 111d aaips of llid parties.
SELLER: 11IE A-Z COMPANY PURCHASER: CITY OF ENGLEWOOD.
COLORADO
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COUNCIL COMMUNICATION
Date Agenda Item Subject
January 20, 1997 11 a 1
Mllld d PBX Telephone
~ Bid
lnltlat9cl By I Staff Source
Department of Administrative Services Peny Movick, Manaaer of Info. Services
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Passage of Resolution No. 38, Series of 1989 -Authorizing purchase of the current City PBX
Telephone System.
RECOMMENDED ACTION
Staff seeks Council Approval, by motion, of the award of the PBX Telephone System bid to
LuDlnl Tec:hnalaglea Inc. 1ft the amount af 14110.273.22. This will be purchased on a five year
lease/purchase agreement with the annual appropriations clause.
BACKGROUND, ANALYSIS, AND AL TERNATNES IDENTFIED
Currently, the City has telephone switches at City Hall (which also supports Safety Services).
the Servicenter (which also supports the Bi-City Wastewater Treatment Plant), Recreation
Center, Golf Course, and Malley Senior Center. All these systems are currently configured to
operate on analog lines from US West and not all of the switches are networked together. US
West also provides maintenance and performs any needed programming changes on these
systems .
The purpose of this bid is to replace all of the existing switches with conman equipment that
would be configured in a networked arrangement. The switches are configured to support
digital lines and can be administered from a central location. The bid aleo Includes Installation
of a centralized Voice Mail system at City Hall to serve all locations .
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BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED (CONT.)
The bid process was coordinated with the Purchasing Department and a telecommunications
consulting company, Cyber1ink Corporation. Bids were sent to 20 Respondents and required
attendance at a Pre-Proposal Conference. Ten Respondents attended the Pre-Proposal
Conference and five submitted bids.
The low bidder is Lucent Technologies Inc. in the amount of $344,635.55. We are
recommending this bid be accepted as the lowest and best offer. In addition, we are also
recommending options be included to bring the total amount of the bid to $450,273.22.
Included in these options is the addition of a phone switch at the MOier Building. This location
was not included in the original proposal since at that time we did not know if we had lines
between City Hall and the Miller Building that would support a phone switch. Since then we
have located lines and have tested them to ensure that a phone switch could be supported at
this location.
We have also included an option for an Uninterruptible Power Supply at City Hall. We had this
priced as an option in the event that we could obtain better pricing from a third party vendor.
We have detennined that this price would be the best for the City Hall location.
The balance of the options are upgrades and software enhancements that improve the
functionality or efficiency of the phone equipment that was bid. Purchased with the initial
installation of the phone equipment. these options reflect significant savings over being
purchased separately at a later date.
The existing City equipment wit either be traded-in or will be sold by bid. Lucent Technologies
Inc. proposed a trade-in value of $7500.00 for existing City equipment • an option in their
base proposal. (The trade-in values from the olher bids ranged from $5440.00 to $13660.00.)
We intend to make the decision to either accept the trade-in value or to NII the existing City
equipment by bid when we negotiate the final contract with the Vendor.
FINANCIAL IMPACT
Funds for the 1997 portion of the lease are available in the 1997 Cspital Projects Fund
(FYCP).
UST OF ATTACHMENTS
Bid Proposal Tabulation Sheet
Bid Proposal Evaluation Matrix
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January 15 , 1997
Memo To : Randie Barthlome
From: Perry Moviclt
Subject: Telephone System and Voice Mail Bid
The possibility exists that Hi Country Wire & Telephone may address City Council on January 20 when we
will be seeking their approval in awuding the bid to Lucent Technologies . Hi Country fust notified the
City Attorney on January 3, that they bad some concerns about the process the City used in determining
which vendor should be awarded this bid.
On January 6, the City met with Hi Country to discuss the process and to review their concerns. Attending
this meeting were Clo Amsler and Bob Whitfield from Hi Country, Richard Kissinger with Kissinger &
Fellman, P.C. (Attorney for Hi Country), Melanie Pappas with Cyberlinlt Corporation (telecommunications
consultant on contract with the City), Doug Clark. Dan Brotzman, and myself. In order to give Hi Country
an opportunity to see that they were treated fair we suggested allowin& them to review and make copies of
pages and sections of the Lucent proposal, with Lucent present In order to be fair, we offered Lucent the
opportunity to review and make copies of the Hi Country proposal, with Hi Country present.
On January JO, I met with ao Amsler with Hi Country, Kathy Rouse and Sandi Cliver with Lucent, and
Melanie Pappas with Cyberlinlt. We let each vendor review and mark the pages or sectiom of the
proposals they wanted copied. We also prepared a document Iha! bocb vendors received detailing the
process we followed, information on bow the City arrived at Lucent 's reviled pricin&, the Hi Country and
Lucent portion of our "Evaluation Mattix." and the "llcspome Summary" we filled out when we received
the Hi Country proposal. We asked bocb vendors to &ive us ID hour to make the copies . Both vendors
indicated they would and then did pick up the copies on Monday , January 13 .
To date. I have not received any ~ for additional informalioa from Hi Country or a request ID meet
with the City to review the informalioa they have received. I did call them today in order ID aee wbere they
were at in their process. but I wu oaly able to leave a voice mail .
My cunmt undentanding of Hi Country 's poaitioa is they have questiom in the followin& dne areu :
• Hi Country feels Lucent was &iven an opportunity to change their bid and they were aot.
Working with our consultant. the Hi Country and Lucent propou1a were evaluafed in detail . At
no time did we either request or acccpl infomwioa from either vendor in our analysis of the
propouls. The cost por1iona of the propoula were analyzed to ensure Iha! the vendon ' propoula
could be compared and connated accuntely reprdina the COit of the propoled equiplmnt,
software. services , and optiom . Detailed questions were submiaed to the IWO vendors reprdina
1hr. proposal respomes and equipment confipralioos. Delailed cost tables were completed to
allow the vendors ' propoled equipment and prices to be compared side-by-side.
Neither Lucent Tecbnoloaies nor Hi Country wu allowed to cbanae the unit prica of equiplmnt
included in the oriainal bid. Tbe quantities and confipanlioaa of tbe propoled eqwp1111111 were
cbanaed u neceuary to meet tbe mininam RFP specificalioal and IIO allow for ID equillble COit
compuuon of similar 1ystn11. 1bne cbaaaes which an similar. IDd in ~ -idnlical, to
thole requested of Hi Country, resulllld in ID adjusanenl of Luceal's bae prapoul price
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January 15, 1997
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(downward $89,945). The bulk of the changes in the Lucent bid represent software and
equipment that should not have been in the base proposal and equipment that was over-designed
in the base proposal.
Hi Country also feels that we have not looked at new discounted pricing that they submitted in
response to the detailed questions we sent to them. We were specific in the questions we sent to
the vendors in that we would not allow fot any teVised unit pricing. Accepting teViscd unit
pricing would not only be inappropriate, it would open the City up to a protest from Lucent and
also open us up to protests from the Olber duee vendors we did not select fot award of the bid.
• Hi Country feels that we did not adequately analyze maintenance service contract tales.
As put of the RFP we asked the vendors to propose maintenance pricing in years two through
five. Generally, all vendors include maintenance as put of the first yeat wunnty on switch
equipment. The maintenance pricing in the Lucent base proposal is about double the price of
maintenance in the High Country proposal . However, the original proposed maintenance plans
are different in the level of service provided. As put of our detailed questions to the vendors we
requested and received additional maintenance pricing options from Lucent.
Additionally, Lucent does allow other vendors to become authorized seivice providers fot tbeit
equipment. We know of one otbet DIUllicipality who is currently using Hi Country to maintain
their Lucent equipment. At the end of the first yeat of service we will put the maintenance service
on our telephone equipment out to bid.
• Hi Country feels they were not given the opponwuty to bid on selected optional equipment.
As put of the detailed questiona we sent to Hi Country, they were specifically asked to bid on all
optional equipment. We did DOI receive tbis requesled priciq from Hi Country. They were also
concerned about the addition of the Miller 8uildina and not having the opportunity to bid OD that
location. Because of some technical COIICCl1II that were not resolved when we originally tcleued
the RFP , we did not ask any vendor to bid on tbis location. We have since resolved diOle iuues
and we simply used the IIIIOllllt each vendor bid on the Recreation Centet localioa, which is
comparable, to determine the bid price for the Millet Building.
Upon our mitial review, the Hi Country proposal wu incomplete and could have been thrown out by the
City. We chose to accept the proposal becaule Hi Country is highly recommended by our comultant and
by several references who we contacted. 1 am cenam that Hi Country's 1ooct repulation is well deletved
and trust that the City made a 1ood decision in selectins Hi Country u a finalist in the evaluation process .
However, I am somewhat disappoinled that they are mpondiq by questioniq our process without lint
scrutinizing the quality of their own work.
I certainly feel the proposal evaluation process baa been fair, objective, and very thorough. My objective
from the stut of this ptoject was to talte a proposal to Council that was clearly in the best interest of the
City. I feel that the Lucent proposal accomplisbes this 1oal.
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City of Englewood
Juawy 10, 1997
Mr. Bob Whitfield
Hi Country Wire & Telephone Ltd.
6275 Simms St. -Suite 207
Arvada, Colondo 80004
Dear Mr. Whitfield:
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3400S.E1a11Street
EnglllwoOd. Colorado 80110-2304
Phone (303) 782-2300
(303) 782-2301
FAX (303) 789-1 125
Tbanlt you for IUin& the time ID meet with the City of f.Dalewood Oil MODday, Juawy 6, 1997, ID rniew
the proposal evaluation proceu for the new aelWolbd lelepbODe 111d voice DlelllPll l}'llrml. per City
RFP 6-118 . In order to ulilt your review of the c:opia you bave requellld, I have aaachecl copiel of ilmll
which should help ID detail coafipralioa chln&a wbich the City ~ of Lucent Teclmolopes. These
changes which are similar, ud in Dim)' CINI idcDlical, ID 1hole ~ of Hi Country, .-.1ted in an
adjuslment ofLucent's bue prupou1 price (clowawanl $89,945). I have alao aaachecl a IUllllllar)' of the
adjuslmentl in Lucent's propoaed equipment 1bit mrom.ciaa ii beiDa provided with the approval of
Lucent Technolopes.
Neither Luccm T echnolopes nor Hi Country -allowed ID cblllte the llllir prices of equiplmat included
in the origim1 bid. The quanlitia aad c:aafipnliam of the pnlpOled .... .,_ ... -c:haapd •
neceswy ID meet the minimum RFP ..,...;ficalimw 111d ID allow far -equitable COit compmiMm of similar
l)'lleml.
I have alao aaachecl the porlioll of die evUllliaa ~ .._ CGll'9IIW Lucem Teclm llhaiel widP Hi
Country. This mmill lbowl the eva1ualiaa of IICla Yaldal's pn,paal ..... die evaluliOD c:rileria
presented in the RFP documL It allo demuwla-. dPII die City'1 lelocliOD of l.ucear'1 propoul ii u
bued simply OD the adjusted c:cJll, • ....-i by Hi eo..y. la fact, Hi Country ICOled hiaher • bolh
of the COit criteria. The City's selec:tioa of l.ucear'1 ,...,_. •die..,. a..ftcill ID die City ii a..ed OD
die evalualioa crilleria adveniled ia the RFP ~
I would ._ad thal you ,._oy review die aripPll pn,paal ......_. by Hi Coulllry ID die Cily .
I have aaachecl die vendor,..-~ ofdae Hi~ pn,paal far yw iafo.Wli&.a. Al you can
see, the Hi Coualry propoul -iacamplele ad c:oald bave bea ..__by die City. We*-ID
accept the propoul bec:lue Hi Coulllry ii biply rec a mm,• fed by om c r ,,,,. ad by -1
references wbo we COIIIICled. 1-certaia dPII Hi eo..y'1 aood a ; · • ii ..a dlllmNI wl 111111 dal
die City Plllde a aood decwon ia NlecliDs Hi Coulllry • I ftalalill ill die ....... ,.__
I have alao aaacbed I liaa ofdle ope-. dPII die City plw ID purcllw hm tuc.. Teclai,lopl, abc,ve
ud beyond die bue propoul. If yaa review 1111 ...-......_. ID Hi~ by .. Cily, yaa will
find thaa Hi Country -siveat die CPppCll-.ily ID lllllllil pricils far ... oplila (ad 3, 6, 13.e). Noll
dPII the price far die addilicea1 • ii baNd ce .. pnlplllld price far .. .,-.. die.___ em. .
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Please note that the proposal from Hi Cammy was also adjuAed by tbe City to correct enon in the original
response and to allow an equilable comp111~ For example, Hi Cammy was allowed to elimimle: 20
telephone stations for $7,680, six est.rs for S4,3SO, • ema aaendlm ~le pacbae for $2,610, and the
Switcbview software, for $3 , I SO . Al wi1b tbe Lucmt prupoul. Hi Cammy was not allowed to change the
originally bid unit prices.
Hi Country was required to subltitute a Nortel Opcioa 61C for lbe propc-s Oplioa SIC which did not
meet the RFP requirements. As explained in quaaoa 13.a, lbe Opcioa SIC C1111DOt accommodate two
superloop cards and seven Tl coanectiolll sinw•lla--1y. Two superloop cards are required to support
the nwnber of telephone stations specified wi1bout blocbaa. .4J tbe City plms to add aaodler site to lbe
contract, an eighth Tl cODDeCtion will be required at cutover, clearly exceeding the capacity of the SIC.
Tbe Option 61 C is required to meet lbe City's RFP spec:ificaaoas.
Hi Country was also required to provide all Dual Port D11/PRI cards, instead of the propoted Single Port
Tl cards, to meet the RFP requirement that: "all equipment and software sball be the most recent release
from the equipment manufacturer.• As explained in queslion 13 .b, tbe uae of the older Single Port Tl
cards, and the other associated cards, is an inefficient uae of tbe limited switch space. This configuration
should not have been proposed by a vendor familiar wi1b lbe CClllfiguration nalca for Nortel equipment.
If you have any questions related to any of tbele items, pleaae give me a call.
Copy:
/ • Dan Broczman -City of EDalewood
• Melanie Pappa -Cyberlink Corporatioa
• Sandi Cliver -Lucent Teclmolopa
Aaacbmcnts:
• City Required Cbanaet to Lucent Coafipnlioa
• Chanaes to Lucent ConfipntiaD and Aslociued Colt AdjulUmms
• Options Selected by City from Lucmt
• City Evaluation Matrix
• Hi Country Vendor Rapome 8-y
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Attachment 1
City Required C ...... to Lucent Configuration
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base proposal pric:s shown on Artacbment A-1. Please also re-submit Appendix A-1 to reflect
the cotreetcd proposal prices and any coaections to the pricing of options A. B, C, D, and E
which result from the requested comctions to the forms in Appendix B. The following
corrections arc recommended:
a) B-2 The G3SI RS Rise, Lucem 6300-lSB (MCC cabine~) is proposed. Could the G3SI VS
Rise 6300-14B (SCC cabinet) plus a Definity SI expansion (63610) meet the RFP
requirements for a lower cost? If so, this item should be corrected.
b) B-2 The Packet Control Pack 63533 is included to provide ISDN/PRI networking for all sites
as proposed. ls the Processor Interface 63153 required at City Hall for this arrangement?
Can the Packet Control Pack provide the ~ connection for the lnruity voice mail
system, or is the Processor lntcr'".ace required for this connection? If the Proc:cssor
Inter.ace is not required, it should be climioated.
c) B-2 The following software does not lppe:ll' to be required to meet the RFP requirements and
should be deleted: Size Sens 1264-008, 116*-009, 1264-010; Look-Ahead 1264-LAI.
Note that while ACD capabilities arc -= at City Hall and the Golf Course, it is
~ (but not required) that the queue for the Golf Course ACD be held at City Hall.
Nly hardware and/or software for the desired queue should not be included in tbe base
proposal price, but should be lis".ed separately with prices and proposed as an option for
the City.
d) All The Authorization Code 1264-AUC; software does not appear to be required to meet the
RFP requirements and should be deleted.
e) B-2 Two 715 BCS terminals and a 572 printer arc proposed for City Hall. A single system
management ten:r.inal is required at this location, and the printer is aot required by the
City . Ooe of the terminals and the primer should be deleted.
t) All One Auxiliary Trunk Interface (63118) is mcluded for all sites. Why is this card
included? If it is not required to meet the RFP requireme:us it, should be eliminated.
g) B-2 One Data.line Interface (63130) is included for City Hall. Why is this included? If it is
not required to meet the RFP requirements , it should be eliminated.
h) B-2 Are analog station ports required on the switch to COJUJCCt to the ports on the lntuity voice
mail system? If so, a total of 56 anaioa station ports arc required on this system, and four
(4) analog station cards should be provided.
i) All
j) B-2
The 8405D Diaital Voice Tcmiinal does 001 meet tbe minimum requirements for the
Type n telephone swions, u spccificd in the R.FP. This telephone swion should be
replaced with the 8410D 11 all localioas.
The DXS is not required to meet tbe minimum R.FP requircmcms for tbe console. It
should be elirnioeted
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It) B-2 Only fow-(4) CSUs (63185) are requized at this location. One for the point-to-point Tl to
the Service Center, and three (3) for the DSS Tis from U.S . WesL
1) All Is a Tone Cloclc card required on each of the proposed systems to support the Tl
connections? If so, is it included in the proposed price for each system? If the Tone
Clock card is required. and is not included, it should be added.
m) B-2 The WinTRAK Call Acct, lntegratrak software and hardware are not required to meet the
minimum RFP specifications. It should be eliminated from the bue proposal and
included as Option D for SMDR processing.
n) B-2 Is a Facility Test Board (65524) required for the proposed ISDN/PRl network? If so, it
should be added.
o) B-2 Is engineering of the ISDN/PRI networx for all City locations included in the proposed
price? If not, it should be added.
p) B-3 The Intuity voice mail system docs not ap~ to include a system management tenninal.
Please specify if this is ~luded in the proposed system. If not, it should be added.
q) B-3 The Intuity voice mail system appears to be proposed with Ri&ht to Use (RTU) for only
two (2) pons ( 1256-VPC). 16 pons are reqwired to me:t the minimum specification.
Please specify if Rn; for 16 pons is included in the proposed sysiem. lfnot, RTIJ for 14
more pons should be added.
r) B-3 The RFP requirements for voice mail requi.-e 75 hours of st0rage . Only 15 total R11J for
5 hours of stor:ige (1256-SSO) are requized to meet tbis requirement.
s) B-3 The Parallel Interface (69641) and Primer (69769) are not required to meet the minimum
RFP requimnems. Tbcsc it:mS should be deleted.
t) B-4, B-5, B-6
CSU's (63185) are not required for the point-to-point Tl circuits from City Hall to the
Malley Senior Cemer, the Recreation Center, and the Golf Course Clubhouse. The City's
existing Tellabs 441 equipment performs the est: function. (ref. RFP Fiaure 2, pqe 20)
u) B-4, B-5, B-6 , B-7
Only one Emcraency Transfer Panel (65262) is required to support the number of analo1
trunks at each of these remote locations.
v) B-4, B-5, B-6, B-7
One DS1/DMI Trunk imerface card (63156) ii provided auach remote site for the Tl
circuit from City Hall. Lucem bas proposed ISDN/PRl nciwodcini of all lites IDd
provided a Packet ComroJ Pack (63533) 11 City Hall
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w) B-6 The Call Ahead software {1264-LA V) does 11Dt appear to be required to meet the RFP
requizemems and should be de1crcd. Nore dm while ACD capabilities are mwml at
City Hall and die Golf Cour,e, ii is daiml (bur DOC requiled) that the queue for the Golf
Course ACD be bdd at City Hall. Any hlldwlre and/ar IOt'twue for the desiRd queue
should DOC be included in die bae proposal price, but sbould be listed separately with
prices and paopoad. Ill opaoa 1ilr die City.
x) B-7 The propoaed symm for the Scrvicc Caner is die G3SI R.5 Rile. 6300-l 4A (G3si). It
appears dial the iDsralled and p,Wlh ~ requilemmts for this City location can
be ma by the 6300-16A (G3vs) ifLucem's mw 24-port di.ptal station cards are used.
The proposed system for the Service Cemer should be cblD.pd to the 6300-16A (G3vs)
with the 1264-PRV ISDN PRI so4ware iDsleld oftbe 1264-PRS ISDN PRI sot'twue.
y) All Please assure that all cabling. cable distribution equipment, and terminal blocks are
included for ibe proposed sysrm:, wi1h tbe above c:orrections. Note that all station
cablin& and swion Tc:r171ination fields will be provided by the City.
z) All L~'s new 24 port digital station card can be included instead of the 16-port card if
desired.
21. Do the GJ systcmS include the Maintenance Port Security Lock (1204-LOK). lfnot, please
provide the pre-cut.over and post-curover com for this item and for installation of this item.
22. Will the proposed price for cxtcndcd maincr:nanr~. as shown on Appendix A-8, be chuacd as a
result of the requested comctioas? Jf so. pJeae also ie-submit Appendix A-8.
23. What lease/purchase options are available &om Luc:em for die proposed equipment?
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Changes to Lucent Configuration and Associated Cost Adjustments
• City Hall Oefinity G3SI, Substitute sec cabinet for MCC cabinet
• Eliminate unnecessary software at all sites
• Separate cost for Golf Course ACD queue to be held at City Hall
• Eliminate extra 715 terminal and printers at City Hall
• Eliminate Auxiliary Trunk Interface Card at all sites
• Eliminate Oataline Interface at City Hall
• Add station ports to support voice mail system at City Hall
• Substitute model 841 OD for proposed 84050 for Type II telephone station at
all sites
• Eliminate DXS for console at City Hall
• Eliminate 3 CSUs at City Hall and 3 CSUs at remote sites
• Eliminate WinTRAK Call Accounting Software
• Add Facility Test Board
• Voice mail configuration changes, eliminate 5 ports RTU and printer
• Eliminate one Emergency Transfer Panel at remote sites
• Servicenter -substitute G3VS for proposed G3SI and associated software
changes (comparable to Nortel Option 11C)
• Substitute new 24-port digital station card for older 16-port digital station card
(resulted in fewer cards)
• Eliminate Universal Coupler at all sites and unneeded power supply at
remote sites
• Resulting adjustment in installation and shipping chafgN
Total Coat~: (Sll,Ml.35)
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Altact.ment 3
Opllona S1l1clld by City from Lucent ..
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Options S.leclad by City from Lucent
• Duplication of Processor Control for GSSI at City Hall
• Terranova ECS System Management
• "Lock and Key" Security Encryption ...
• Add G3VS PBX Telephone System -Miller Building (Same as Recreation
Center)
• UPS for City Hall
• Digital Deck for Music on Hold
• Option to Hold ACD calls to Golf Course at City Hall
• Upgrade to Model 40 Voice Mail
• "Disk Minor" for Voice Maff
• Message Manager
• Fax Manager
• E-Mail Integration
Total Coat for Addltlonal Opllona: $105,137.17
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Attachment 4
City Evaluation Matrix
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ENGLEWOOD BIO PROPOSAL EVALUATION MATRIX
BIO ITEM -PBX Telephone System
Crttarta w.tght
Equipment and software proposed satisfies or exceeds yes or no
requirements and specifications
Pl'OpOMd price considering City's future plans and total coat over 15
next five years
Price Stability for labor and materialS aver lire of project 10
Completeness of responses to RFP and requirements and 5
speciflcatlons .
Vendor evaluation 10
R81PO! ldenta undel slalCling of wortt to be perfo, nllld as 3
demonstrated by proposal
Proposed Installation plan for equipment and software. complies 3
wilh specified completion date
Network capabilities and future~ betWNn telephone 15
systems at all sites and integl llliOi I with centrli YOice mail system
(message waiting lights on phones at remote sites for YOice mail
messages . relule of OSO channels on trai•red call, caling
name and number display between siles, etc.)
"Uler..fnendlineu' ol proposed system management imalface and 20
... with whictt City personnel can make awn MACI for PBX
lystlml and voice mail system.
Ptlysical environment City must provide for IWilcning equipment 14
Systam flexibility for future growth and IDilily ID dllnge will 5
adYanc:ements in technology
Toa!Score 100
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Hf Country
yes
15
8
1
8
1
3
15
12
12
4
79
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Lucent
yes
12
4
4
10
1
3
15
18
12
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HI Country Vendor ResponH SUmmary
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City of Englewood -Vendor Response Summary
HI Country Wire & T-.,hon• Ltd.
Fonn Fonn I Jme Com-Comments
Dlete
A·1 I Base Proposal y Receipt of Addendum #1
acknowledged
A-2 Statement of Insurance y Certificate Enclosed
A-3 Indemnification Agreement y
A4 j Non-Collusion Affidavit of Pnme Bidder y
A-5 j Program Milestone Schedule y
A-6 City Responsibilities for Installation y
A-7 Warranty and Maintenance I y
A-a I E.~tended Maintenance Pncing y
A-9 Proposed Training Plan I y I
8-1 J Site Pri ce Summary I y I
B-2 City Hall/Library/Safety Services -Central PBX I y Some errors
Telephone System Equ ipment List and Prices
B-3 I City Ha ll · Central Voice Mail System equipment List y Some errors
and Pnces
8-4 Malley Senior Center -Remote PBX Telephone y Some errors
System Equ icment L!st and Pnces
B-5 Recreation Center -Remote PBX Telephone System y Some errors
Equ ipment Li st and Pnces
B~ I Go lf Course Clubhouse -Remote PBX Telephone y Some errors
System Equipment List and Prices
8-7 Service Center/Wastewater Treatment Plant -Remote y Some errors
PBX Te lephone System Equipment List and Prices
8-8 PBX Telephone System Pre-C utover and Post-y 12 monttls
Cutover Pnces
9.9 Voice Ma il System Pre-Cutover and Post-Cutover y 12 monttls
B-10 Proposed Trade-In Val ue for Existing Telephone y
Equipment
C-1 PBX Telephone System Characteristics, Futum, y Many incomplete answers
and System Capacities
C-2 Voice Mail System Charactenslics, Featum. and N Rnponses ta itama 10, 13-19, 21-I·
System capacities 2S , 27 blank.
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City of Englewood -Vendor R•ponse Summary
HI Country Wire & Telepflone Lid.
Fonn FonnName Com-Commen• ....
C-3 Networked Calling Arrangement y
c~ PBX Telephone Station Feature Matrix y Some entries inc:omplete
C-5 PBX Type I Telephone Station Equipment y
C-8 PBX Type II Telephone Station Equipment y -
C-7 PBX Type 111 Telephone Station Equipment y
C-8 PBX Attendant Console N Responses to items 23-25 blank
Some incomplete answers
C-9 PBX Telephone Station Adjunct Equipment y
C-10 UPS Battery Backup for PBX Telephone System and N I Item 2 incomplete . 3 and 4 blank
Voice Mail System
C-11 SMOR Capabilities for PBX Telephone System N Items 2-5 blank
C·12 Common Control Redundancy for PBX Telephone N Items 4-8 blank
System
notes Proposed con1lguration l'9Y1Nd le eliminateblocking and provide optimum UM of Not1al c:aDir19la and
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COUNCil.COMMUNICATION
DATE: January 20. 1997 AGENDA ITEM SUBJECT: First Data
Corp./Westem Union, Hampden
11 a i i Center Redevelopment
INITIATED BY: Office of Neighborhood STAFF SOURCE: Arthur Scibelli, Business
and Business Development Community Coordinator
COUNCIL GOAL AND PREVIOUS COUNcn. ACTION:
City Council has established economic developmem and improvement of the quality of life in
Englewood as goals . The City Council held a study session regarding the First
Data/Corp ./Westem Union and Hampden Center Redevelopment on January 13. 1997 .
RECOMMENDED ACTION;
Approve the Resolution approving the following :
1. Personal Property Tax rebate over four-year period (mirrors Arapahoe County a,ree-
meru ). $24.445 .00 over four years
2. Building Materials Use Tax Waiver for building owner and leaseholder (FDC):
a . $17,500 .00 -building owner
b . $14,525.00 -First Data Corp .
3. Personal Property (equipment) Use Tax Waiver : $87,500.00. • (Based on $2.0 million
equipment valuation purchased from Englewood vendors.)
TOTAL recommended waiver : $143,970 .00
• NOTE : It is important to note that NBD's original recommendation for this waiver was
SI 7 .500.00 . We arc revising our study session recommendation to increue this sales/use Wt
waiver on equipment to a total of $87 .500 ($70.000 additioaal) bucd on funbcr discussions
with the company as late as January 15, 1997. The condition for this $70,000 use Wt waiver
on equipment is that a City of Englewood vendor be used for S2 million worth of compula'
equipmem . The company bas discretion as to the location of vendors it uses for tbe remainin&
$17 ,500 use Wt waiver as originally proposed to City Council .
Our proposed City-wide policy swes a m&'.l!iDNJD use ru waiver on equipmem of $500,000
widi a proviso that stares : ·This is a ,enera1 rerommendation Each equipment me Wt waiwr
should be reviewed on its own merit in relation to tbe overall impact on tbe City ."
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Neighborhood & Business Development firmly believes that if local Englewood vendors can be
used for $2 million in computer hardware acquisition, a win/win opportunity is created for city
redevelopment and the city's business community .
If First Data Corp . does not agree with this proviso. then the original equipment use tax rec-
ommendation of $17 .500 on $500 ,000 of equipment purchased remains in place .
Also. the Agreement includes a reversionary clause wherein waivers may be rebated to the
City should the development not proceed as planned .
BACKGROUND, ANALYSIS, AND ALTER.llllATIVES IDENTIFIED:
For the past four months, the Office of Neighborhood and Business Development has main-
tained a dialogue with lntermoumain Partners. the consulting firm representing First Data
Corp ., a company which has been considering several locations in the Denver Metropolitan
Area for a major data processing facility .
About the cornpanv :
First Data Corp. moved to Colorado in 1970 . Its Colorado workforce began with roughly 200
employees and has grown to more than 2.000. At the time. First Data, one of the nation's
leading processors of transactions. was a division of American Express . It has since becotne a
$4 billion. independent public company, whose stock is traded on the New York Stock Ex-
change. In 1995 , First Data acquired Western Union in its merger with First Financial Corp.,
and has moved Western Union's headquarters to Colorado . First Data Corp. has divested
money gram -a money order/check processing facility in Lakewood .
Background :
Hampden Center. at 750 West Hampden Avenue. has been the Englewood location under con-
sideration . Initially, 70,000 square feet of the 156.000 square foot building would be used for
Western Union money order retention/processing services and incoming customer service
phone communications . The site is attractive to the company for several reasons :
a) Future square footage expansion (nationally . the company has a 20% annual growth
rate ).
b) Location adjacent to redeveloping Cinderella City site . The restauram and service es-
tablishments proposed arc excellent complementary uses for office development .
c) Location adjacent to the proposed RID site .
Just prior to Thanksgiving , Business Development Coordinator Art Scibelli and City Manqer
Doug Clark met with representatives of both lmmnoumain Partners and First Dara Corp. At
that time . the City agreed to request a Personal Propeny Tax (equipment) 50~ Rebare Apee-
ment from Arapahoe Coumy spanning four years . The First Dara Corp . wu also informed
that a similar request would be made before the Englewood City Council. Emaprile Zone cu
credits and training opportunities were also extended to the company at this time. (See at-
tached letter of November 17 to First Data Corp .)
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The personal propeny tax proposal was submitted to Arapahoe County and approved. It totals
$47 ,253 over four years. The City of Englewood proposal totals approximately $24,445 for
the same period. (Sec proposed agrcemem.)
On December 20, 1996, a subsequem request for relief on building material and personal
property use tax was received from First Data Corp . (See December 20, 1996 First Data
Corp. letter .)
Enterprise Zone Legislation Provides Authority for Bcckvelopmem Jw;enrivc;s:
As stated in the attached January 13. 1997 Council Comonmication concerning Business Rede-
velopment Incentives, these waivers are authorized by the Emerprisc Zone Legislation. Tbc
use of this provision is an imponam tool to be utilized in making the City competitive in the
redevelopmem arena . About one year ago. the I&Dm fsm ran a series about Enterprise Zone
Comribution Projects -tax credit eligible donations to non-profit organizations localed within
Enterprise Zones. Clearly , there were some non-profit organizations that were gray in terms
of their eligibility as job preservers and crearors. This use of the Enterprise Zone legislation
bas absolutely no relation to the comribution projects issue raised in the Denver Post.
In fact. the use of this provision for consuuction redevelopment efforts goes right to the bean
of job preservation and creation.
FINANCIAL IMPACT;
New jobs / payroll /expansjop/gpital jnvesgnm:
First Data Corp. proposes to relocate 90 employees from the Lakewood facility, and add 48
new hires at Hampden Center for a total of 138 new jobs in Englewood . Tbc need for an ad-
ditional facility was triggered due to the growth in the company's data processing and customer
service operations in suppon of its fast growing payment instrumems business .
Projected New Him
1997: 48
1998: 40
1999 : 40
2000 : 40
Square Footage :
Total fmploymem
138
178
218
248
bYcPl1
$6,027,297
$7,187,686
$8,267,340
$9,422,658
70,000 initial
• Expansion Potential over 5 years : 70,000 -80,000 additional sq. ft .
• Term of First Data Corp . Lease
• Leasehold Improvements Capital Invesanem by First Data Corp .:
• Personal Property Equipment Capital Invesanem:
• Hampden Center Buildin& lmprovemems Building Owner:
(primarily exterior. mecbanical. and adjacent pulana lots)
10 years
$830,000
$5 .500, 000
$2,590,000
• Progeny Valuation · Increased property vahwion will result in expanded property Wt
revenues to the City after buildina improvemems are completed.
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• bxm1l E11mt;pg:r;s: Expendilnre of payrolls or portions thereof will positively impact
Enalewood's economy .
• ffpplm ~ Vpg;y: Reclewlopmem occupies initially 45% of a major office com-
plex vacant and deterioming for the past seven years. Reclewlopment results in abatement
of asbestos within structure. Additionally, the polaltial exists to occupy the entire build-
ing.
• Cmb'.Jl fm redevelffl!DGD( szf CiDlkmJII Citt: A significant capitol investmem in redevel-
opment of a property adjacent to Cinderella City will provide an important catalyst for an-
ticipated rednelopmem at the Cinderella City site.
IJSI Of A'[l'ACIIMENTS;
1. Resolution
2. Summary of Proposed lncem"Ye Waiwrs
3. Leaer to First Data Corp (11/27196)
4. Lener from First Data Corp (12/20/96)
5. Leaer from First Data Corp (l/10/97) re: Sales/Use Tax Waiver F.quipmeDl
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SUMMARY
HAMPDEN CENTER/FIRST DATA CORP AGREEMENT
PROPOSED INCENTIVE WAIVEltS
CAPITALIN-FEE OR TAX I REQtJaTED RECOMMENDED
VFSl'MENT WAIVER WAIVElt/NBD
$2,590,000 by build-1. Permit Fee 1. S 9,327 . .so 1. -0-
iDg owner (buildm& 2. Plan Review Fee 2. S 6 ,062.88 2. -0-
exterior and mecbani-3. Use Tax deposit, 3 . $45,325 .00 3. $17,500.00
cal imnmvements) -.... marerials)
$830,000 by First 1. Permit Fee 1. S 4,25'7 . .so 1. -0-
Dara Corp. 2 . Plan Review Fee 2. S 2,707.38 2.-0-
(Leasehold Improve-3. Use Tax Deposit 3 . $14,525.00 3. $14,525 .00
mem) -... marerials)
S.S ,.500,000 by FDC Use Tax •• Personal $192,500.00 Sl7 ,.500 .00---( .
City of Elpwood $24,445.00 $24 ,445 .Dower 4
Penoaal Property ,....
Aseessmem Reba
over 4 years (NOTE:
Arlpabo Comay
Bcmd of ea.ail-
.... p'lllllld simillr
four-year·-
for $47 .253 .
$8.920.000 I S299.1!0.l6 S14JJ'JU . ...-
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Use Tax OD buildiD& lllllerials ii 3 . .S~ cm .SOS ~ llllilllill Will wt · •
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Use Tu OD perm! property is 3 . .S ~ cm eqie·s I* I r t ar dlli'llld 11> Eap-
wood.
NOie : Tbis IIIC Wt OD personal propeny 1'Uwr is bald CID a~~ S2 . .S millicm.
Al last 2.0 million of equq,mm 1111m be paaclmld fnml Cily of Eapwood ,,.._._
$125,636.25 -year one
$18 ,333.75 -years two , three. and four
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Ii' 1111· Ii' ~~ § _, fj ·,g fjl >.JD • -ill1 -.t ~tt ; I""
a • M• t'J : -,
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7
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CORP. -!:\"":":!-.-.~ ·~" '.Ut.':T
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Art Scaoe!li
Cay of&,lnood
3400 s. am Sam
Ezraiewood. co 80110-2300
Dear Art:
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I apprec:m tbe support 111d mimm:e you md := City of~ are providm, iD tbe
proposed redcve1opmem projec:. >J has be= &:nmd. • are aekma nmnce IDd n&f iD
_, spe:mc area. F"mt, my~ of &es mi com ma ired wilh pc:mm. plm l'll'liaw, lllll
me tlX is specffieally bei:aa soaam by PDC.
Secanci, with a pu,poaed February mac dm. nsifflllee iD apedirm, my resnbnrimls is
appz=iar:td. his c:mcal dm • bep mis~ an n::k iD arcfc u, meet objeuives.
his impm:am fbr tbe City u, be aware dm :DC a mred a o lli'lLlat. Norway Comrzucricia.
wbo will be providiq 111rmt bsh work an~ -.I! FDC. aot tbe hat1cfins owm:, is
mpnzm"bie far ibis wazk 111d will be izareai ~ tbe illl al com pn.viouly ctisc:med.
Y oar asis:m:e is ,rady apprecimd.
Sinc::::y,
~"-D. ~ \, R ~""'-
Leisia D. Nelson
Oiracmr, Facility Se:vica
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J...,.10.1997
Mr. Ardmr Sc:ibeUi
City oft.ckwood
3400 Soulb Ela SlnCl
E!llpwoad. CO IOl 10-2300
DarAn:
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We wc:.::ia yoar ODFiDI 111· • aa blialf' o!dll Cay of'f.aalewood .... ff c oar project
wbic:h .:WI• a~ Cllllyst iD yoar Cd Ml Mil}.
Danas die buiJd.oa ot oar fll::ilily, • will padaa ari • j · 11u otw · r, S5.5
millimlwlllofmwaf ·:, • fDC•11m11• ... • • .._,_ t
Wilmc yduelOtbsta z:lw-oti.11 •FDC•llllldais•Gla...._
to!lmsbitautlbrocnll9a 1. Wcwauldw ·11 ~,......... •caoarNllllf'
..S llml.-ly ID_.,_ m-,way.
SillC:ady.
~~D-~
Laisia D. NellaD
I>inlclm. Facility Sc:mc:a
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BBSOLUTION NO. ~
SERIES OF 1997
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A llBSOLUTIOH AUTHORIZING AN l!fCDTIVB PAYIIBNT AGB-UNBNT f
BE'I WEEN THE FIRST DATA CORPORATION AND THE CITY OF ENGLEWOOD
FOR FIRST DATA'S NEW BUSINESS FACILITY TO BE LOCATED AT 750 WEST
HAMPDEN, IN THE CITY OF ENGLEWOOD , COLORADO.
WHEREAS, pursuant to the proviaiona of Section 31-15-903, C.R.S., the City has the
authority to negotiate for incentive payments or credits with taxpayers who establish new
busineu facilities or who expand esiating buaineu facilities; and
WHEREAS, pursuant to this legialation, a City and a taxpayer may negotiate a contract
for an incentive payment or a credit from a City to a taxpayer relating to the new or
expanded buaineH facilities;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Sed;ion 1. The City Council of the City of Englewood, Colorado hereby authorizes the
Incentive Payment Agreement between First Data Corporation and the City of Englewood,
attached hereto u "Exhibit 1".
ADOPTED AND APPROVED this 20th day of January, 1997.
TbmauJ. Burna, Mayor
ATTEST :
Loucriahia A. Ellia , City Cl.t
I, Loucriabia A. Ellia, City Clerk far the City of lnll-aod, Colmwlo , --, certify the
above ia a true copy of 8-olutioo No ._, SeriN of 1117.
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EXWBIT 1
INCENTIVE PAYMENT AGREEMENT
This Agreement is entered into by and between the City of Englewood of the County of
Arapahoe, State of Colorado (" the City") and Integrated Payment Systems Inc., a
Delaware Corporation, a wholly owned subsidiary of First Data Corporation
("Taxpayer").
WHEREAS , pursuant to the provisions of Section 31-15-903, C.R.S ., the City has the
authority to negotiate for incentive payments or credits with taxpayers who establish new
business facilities or who expand existing business facilities; and
WHEREAS, pursuant to this legislation, a City and a taxpayer may negotiate a contract
for an incentive payment or a credit from a City to a taxpayer relating to the new or
expanded business facilities; and
WHEREAS, the City and the Taxpayer desire to negotiate such a contract.
NOW , THEREFORE, IT IS AGREED by the City of Englewood and the Taxpayer as
follows:
1. The Taxpayer will establish a new business facility , as defined in Section 39-22-
508 .2(3), C .R .S ., but excluding the requirements or paragraph (b) of said subsection
(3), in the City of Englewood. This new business facility will be located at 750 West
Hampden, Englewood, Colorado 80110. The purposes and functions of this new
business facility include office facilities, customer service facilities and data
processing facilities for check clearing, call-handling and money order records
retention services.
2. The Taxpayer shall comply with all of the provisions of Sections 39-5-107 and 39-5-
108, C .R.S ., concerning the filing of penonal property schedules associated with the
taxable penonal property located at or within such new busineu facility and used in
connection with the operation of such new busineu facility .
3. The City shall inform the School Diatrict and County, in which the Taxpayer's new
bW1ines1 facility or expanded busineu facility ia located, of this Agreement. The
Taxpayer shall be reaponaible for negotiatinc separate incentive payment
agreement. with the affected School Diatrict and County.
4. The City shall malr.e an annual incentive payment, to the Taxpayer, which payment
shall equal fifty percent (50%) of the amount oftuea levied by the City for the City
5.
mill levy upon the tuablD DCDAPII 111J11111SX located at or within the new buainw
facility and used in connection with the operation of IUch new busineu facility. Thia
incentive payment relates to the tax levied only by the City of Englewood and not to
any othe.r tax levied by another taxing entity.
This incentive payment to the Taxpayer lball be made by the City on or about
September 1, 1999 and each year thereafter for four (4) years, provided the Taxpayer
has complied with the provisiom ofSectiom 39-5-107 and 39-5-108 C .R.S ., and
provided the Taxpayer bu paid and ia therefore not delinquent in the payment of ita
property taxes. (See Exhibit A)
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6 . The City shall provide a rebate to First Data Corp. in the amount of $14,525 .00 for use
taxes paid by First Data Corp. for building materials.
7. The City shall waive or rebate a muimum of$87,500.00 in sales/use tax on
equipment purchased for the 750 Hampden Center location. At least $2.0 million of
said equipment shall be purchaaed from City of Englewood vendors. The City
sales/use tax on equipment is 3/5%.
8. Prior to any payment, the Taxpayer shall invoice the City for the incentive payment
and provide the City with any documentation deemed neceuary to meet the
requirements of this Agreement.
9 . If the Taypayer should fail to meet its capital investment obligations set forth on
Exhibit A during any period of the Agreement the Taxpayer shall reimburse the City
for all amountl it bu benefited under this Agreement.
10. The Taxpayer shall not usign or transfer its interest in this Agreement without the
written consent of the City. Any unauthorized assignment or transfer shall render
this Agreement null, void and ofnot effect as to the City.
11 . Thia Agreement may not be modified, amended or otherwise altered unless mutually
agreed upon in writing by the parties hereto.
12. Either party may terminate this Agreement with or without good cause shown upon 30
days written notice to the other party prior to termination. In the event of termination
by the City, no damagee, liquidated or otherwise, aball inure to the benefit of the
Taipayer.
13. Unless otherwiae agreed in writinf, this Ap.ment and the interpretation thereof
shall be governed by the lawa of the State of Colorado.
14. Should any provision of this Ap.ment be determined by a court of competent
jurudic:tion to be unconatitutional or odlerwiae null and void, it is the intent of the
parties hereto that the nna•inin1 proviaiona of this Apeement shall be of full force
and effect.
15 . Noticea to be pnmdecl under this Asr-t abaU be pven in wrian, wither by hand
delivery, or depoaited in the United States mail, certified mail, return receipt
requested, with aufflcimt poatap, to the follawia, .---:
City of Eaclewoocl
Attn: Dou, Clark
3400 South Elati Sb'Nt
Englewood, Colorado 80110
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Fint Data Corporation
Attn: Leiaia D . Nelaon
6'.100 South QIIIIIIK
Englewood, Colorado 80111
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16. Thia Agreement repreaentl the entire and intecrated agreement between the parties
and supersedes all prior ne,otiationa and reprNeDtatioDB whether written or oral.
Nothing herein shall be deemed to create any contractual relationahip, either upreu
or implied, between and any other comultant or contractor or material supplier to the
City of Englewood. Nothing herein aha1l be deemed to give anyone not a party to tbia
Agreement any right of action against a party which does not othenriae mat without
regard to this Agreement.
ATTEST : FIRST DATA CORPORATION
By: ___________ _
Title: -------------
ATTEST : CITY OF ENGLEWOOD
By: ____________ _
Louc:riahia A. Ellia, City Clerk
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EXHIBIT "A"
FIRST DATA CORPORATION
INCENTIVE -SO PERCENT DEDUCTION IN PERSONAL PROPERTY TAX
CAPITAL YEAR AC'ruAL ASSESS TAXABLE "MIIJ. TAXES INCENTIVE
INVESTMENT VALUE RATE VALUE LEVY DUE OIVEN
I $5,500,000 29" Sl,595,000 7.663 Sl2,222 $6,111 c ...............
1/1191
2 $5.500000 29" SI 595 000 7.663 Sl2 = $6 Ill
3 $5 500000 29" SI 595 000 7.663 S12= Iii.Ill
4 $5 500000 29" Sl,595 000 7.663 S12= Iii.Ill .. .....-. 911/2002 ----$2.,90,000 by
buildinl owner
(buildins ......
rior and me -
c:blllical im-
nnwemem)
$830 ,000 by
Finl Dua
Cocp .
(lAuobold
$5,,00,000-
S,.....Fn
D111Carn .
SB 9JOOOO
...... • 1997 111111 lewy
-NOTE: 'l1le -.. WaMr (3.,,.) far .. ., S2 ailliaa_. o1....-...,... liaa lacal Cily oll!apwaod ....... ..,_. far
ellpladiaua .,.. a twr-,-r poriDd • fallowa :
1997 : SI ,000,000
19'1: S 400,000
·-: S :J00,000
DIO: LlllllJIIII!
$2,000.000
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Author: lhoffhinee at Englewood
Date, 1/17/97 09:41 AM
Priority: Normal
T01 dclark
T01 DBROTZNAN
T01 LBLLIS
T01 AHABENICHT
CC: &BRADSHAW
CC1 &GRACE
Subject: 1/20 agenda
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The Aid to other Agenciee recipient• will be in attendance at Monday••
meeting to accept their annual funding. I neglected, however, to
include th .. under the Scheduled Vieitora ee ction on the agenda.
My apologiee for thie overeight.
Leigh Ann
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Replar Salloa
.,_.ry 20, 1'97
I . Call to Order
The regular mcding of the Englewood City Council wa called to order by Mayor Pro Tcm Habenicht at
7:30p.m.
2. .___
The invocation wa given by Council Member ___ .
3. PW• fl Allqiuce
The Pledge of Allegiance WU led by Mayor Pro Tcm Habenicht.
4. RellCall
Present :
Ablent:
A quorum WU pmlClll.
Council Mcmbcn Clapp, Wiggins. Habenicht. Vormittag. Waggoner
MayorBums
(Clert's DOie : The District I Council 11:al ii vacant as Council Member Hadlaway wa ra:allcd by a
majority of the VOie at the January 14, 1997 Recall Eleclion.l
S. MINta
Also present: City Manqer a..t
City Attomey Brauman
Aaillallt to the City Manqer 0.-.:e
City Clert Ellis
Manqcr of lnformatioD Services
Business Community CoonlilllllOI' Scibdli
(a) COUNCIL Ml.Mar.a -MOVI.D, AND IT WAS SI.CONDI.D, TO APPllOVI.
THE MINUTES OF THIE Ill.GUI.All Ml.I.TING OF JANIIAllY 6, 1'97.
A~: Council Mcmbcn Vllfflliaag. Wigial. Habeaichl. W...-r, Clapp
Nays : None:
Ableat : Mayor Bums
Motion carried.
6. Sdledaled Vilitan
(a) The Englewood High School Foodllll tcam -recopued by City Council in llollor of
the Piraaa' Champioosbip -·
(b)
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Eaglewood City Council
Juuary 20, 1997
Pa,:e2
7. Non-1elledtded Viliton
lberc were no non-scheduled visilors.
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(a)
a,nsidercd.
A proclamation declaring the 11111111h ofFcllnwy, 1997 as American History Month was
COUNCIL MEMBER MOVED, AND IT WAS SECONDED, TO PROCLAIM THE
MONTH OF FEBRUARY 1997 AS AMERICAN HISTORY MONTH.
Ayes: Council Members Vonnittag, Wiggins. Habenicht, Waggoner, Clapp
Nays: None
Absent: Mayor Bums
Motion carried.
9. ..blic Heari•&
No public hearing was scheduled bd'OR Council.
JO . C.-t A.-la
COUNCIL MEMBER __ MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT
AGENDA ITEMS 10 (a) (I), (U), (Iii), (Iv) M411 (Y) ON FIRST READING.
(a) Approve on Finl Reading
(i) COUNCIL BILL NO . 3, INra.OOUCED BY COUNCIL MEMBER_
A BILL FOR AN ORDINANCE AUTIIORIZING AN INmROOVERNMENT AL AGREEMENT
EN111l.ED "CITY OF ENGLEWOOD PROJECT AGREEMENT Wl1H RID FOR CITY DITCH
PIPING" BETWEEN TifE REGIONAL TRANSPORTATION DIS11UCT (RTD) AND TifE CITY OF
ENGLEWOOD, COLORADO.
(ii) CONTRACT Wl1lf LIQUID WASTE MANAGEMENT, INC . IN TifE
AMOUNT OF $70 ,129.00 FOR CLEANING OF 111E LITJUITON/ENOLEWOOD WASTEWATER
TREATMENT PLANT ANAEROBIC DIGESTERS .
(iii) COUNCIL BILL NO . 6, INmODUCED BY COUNCIL MEMBER __
A BILL FOR AN ORDINANCE AUTIIORIZING AN INmROOVERNMENTAL AGREEMENT
EN111l.ED MINTEROOVERNMENTAL NONBINDINO l..ETIBl OF UNDERSTANDING FOR
SERVICE FEE PAYMENT," BETWEEN TifE CITIES OF LITTLETON AND ENGLEWOOD,
ARAPAHOE COUNTY AND ADAMS COUNTY, COLORADO .
(iv) COUNCIL BILL NO . 7, INTRODUCED BY COUNCIL MEMBER __
A BILL FOR AN ORDINANCE AU11fORIZING AN INmROOVERNMENT AL AGREEMENT
PERT AININO 10 TifE MEDIAN OF ST ATE HIGHW AV 21S, BETWEEN 11IE COLORADO
DEPARTMENT OF TRANSPORTATION (COOi) AND 11IE CITY OF ENGLEWOOD, COLORADO .
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Ell&lewood City C•acil
,_..,.20,1997
Pqel
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(v) COUNCIL Bill NO . I, INTRODUCED BY COUNCIL MEMBER __
A BILL FOR AN ORDINANCE REPEALING Tl1l.E 5, CHAPTER 5, AND ENACTING A NEW
Tl1l.E 5, CHAPTER 5; AMENDING Tl1l.E 7, CHAPTER 60, BY ADDING A NEW SECTION 14;
AMENDING TITI.E 7, CHAPTER 6E, BY ADDING A NEW SECTION 9; AND REMOVING
MASSAGE 11fERAPY FROM ORDINANCE NO. 25, SERIES OF 1996 WHICH PERTAINS TO 1lfE
MORATORIUM OF LICENSES IN 1lfE CITY OF ENGLEWOOD, COLORADO.
Ayes :
Nays :
Ablcnt :
Motion carried.
Council Members Vormittag, Wiggins. Habcnicbt. Waggoner, Clapp
None
MayorBums
COUNCIL MEMBER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT
AGENDA rrl.MS 10 (It) (I), (ii), (W) U4II fw) ON SECOND READING.
(b) ApproYC OD Second Reading
(i) ORDINANCE NO._, SERIES OF 1997 (COUNCIL Bill NO . 1.
INTRODUCED BY COUNCIL MEMBER HATIIA WAY)
AN ORDINANCE AUlltOIUZING AN INTERGOVERNMENTAL AGREEMENT ENTITI.ED
~INTERGOVERNMENTAL AGREEMENT FOR EMERGENCY MANAGEMENT' BETWEEN
VARIOUS JURISDICTIONS 111ROUGHOUT 1lfE STATE OF COLORADO AND 1lfE CITY OF
ENGLEWOOD. COLORADO.
(ii) ORDINANCE NO._, SERIES OF 1997 (COUNCIL Bill NO . 2.
INTRODUCED BY COUNCIL MEMBER HATIIAWA Y)
AN ORDINANCE AUlltOIUZING AN INTEROOVERNMENI' AL AGREEMENT BETWEEN 11iE
BROOKRIDGE SHOPPING CENreR, 11iE ELLEN L. CLARIDA MADDEN TRUST, 1lfE
BROOKRIDGE HEIGKTS WATER ,I. SANITATION D1S11UCT AND 1lfE CITY OF ENGLEWOOD,
COLORADO.
(iii) ORDINANCE NO. _. SERIES OF 1997 (COUNCIL Bill NO. 4.
INTRODUCED BY COUNCIL MEMBER HATIIAWA Y)
AN ORDINANCE AU1ltOIUZING 1lfE EXCHANGE OF PROPERTY TO HJGHLANDS RANCH
MElllOPOLITAN D1S11UCT NO. l . PERTAINING TO DR. OHLSON AND 1lfE C-470
INTERCHANGE .
(iv) ORDINANCE NO._. SERIES OF 1997 (COUNCIL Bill NO . 5,
INTRODUCED BY COUNCIL MEMBER HA11fAWA Y)
AN ORDINANCE AIJl1tOIUZING A GRANT OF WATER LINE EASEMENT AND A TEMPORARY
CONSTRUCTION EASEMENT BE1WEEN 1lfE CITY OF ENGLEWOOD, COLORADO AND 11fE
A-Z COMPANY (lllOMAS PLATING).
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Ea&lewood City Colllldl
J-ry 20, .,,7 ... ,
Ayes:
Nays:
Abacnt:
Molioo carried.
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Cooncil Members Vormittag, Wiggins, Habenicht, Waggoner, Clapp
None
MayorBums
II. OrCI ru,P I llw•~
<•> AppnJ\'e on Fn RcadiJlg
(i) MuaF' Mova,.._.... _.._..ion m,m die: Dq,lrtment.
Adminislnlive SelViccs IO appRJYC, by llllllioa, die: ftUd m bid for pboDe IWitdl equipmeal to Lucent
Tochnologiel in die:.--mSU0,273.22.
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COUNCIL MEIDEP MOVED, AND IT WAS SECONDED, TO APPROVE THE AWARD
01' am JOB PHONE swiice EQUIPMENT TO LUCENT TEC'IINOLOGIIS IN THE
AMOUNT 01' MM, 27122.
Molioo carried.
Ayes :
Nays:
Abacat :
Council Members Vormillag. Wiggins. Habenicbl, WagDDCF, Clapp
None
MayorBums
(ii) Business Community Coonlinalor ScibeUi ,.._... • _.._..ion m,m
die: Office mNeigbborbood and~~ elapaal IO adopt a l'CIOlulioa approving Hampden CCllla
~ and ec:o.-lic ~ incclltMI.
The l'CIOlulion -assigned • number and rad by tide:
RESOLlTTION NO. _, SERIES OF 1997
A RESOLU110N AU1HORIZING AN INCENl1\IE PAYMENT AGRl!EMEl'ff BETWEEN 11IE
FIRST DATA CORPORATION AND 11IE Cl1Y OF ENGLEWOOD FOR FIRST DATA'S NEW
BUSINESS FACU.11Y TO BE LOCATED AT 750 WEST HAMPDEN, IN 11IE Cl1Y OF
ENGLEWOOD , COLORADO.
COUNCIL Ml:MaEP __ MOVED, AND IT WAS S&CONDU, TO APl'llOVE AGENltA
ITEM 11 (a) (II) -RESOLUTION NO._, saJES OI' 1"7.
Ayes : Cauacil Meallers v......., Wigial. Ha11c11icD11. W...-r. Clapp
Nays: N.-
Ableat: Mayor Bums
Molioo carried.
T1lcft -DO addilioml nc.. llllhmiaed for~• mxm--., (See A,-11 lllla 10 -C-
Apda.)
12 . Gwrlll Dile II ft
<•> Ma)'or't Clloicc
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h&lewood City C.acU
J-ry 20, 1,,7
PqeS
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Mayor Pro Tem Habcnichl did not ~ uy 111111C1S to bring before Council.
(b) Council Member's Choice
(i)
13 . CltyM ....... , ......
City Manapi' Clark did not ~ uy llllltCn to bring before Council .
14. City Atteney'1 ......
City Aaoracy Brauman did aot ~ uy 111111en to bring bdore Council .
15. Mjea .....
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COUNCIL MEDER __ MOVED TO ADJOURN. Tbe IIICdiDg ldjoumcd ll __JJ.m.
City Clerk
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
JANUARY 20, 1997
7:30 P.M.
1. Call to order.1 :37 ~
2. Invocation. ()}~
3. Pledge of Allegiance. ~ if--
4 . Roll Call . ~ ~} / t/Jv.w {~
5. Minutes.
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0/f Jt;,t,~/ M..,_ hom me-· City counc;I -of .i.nu.., e. 1997.t}~
6 . Scheduled Visitors. (Please limit your presentation to ten minutes.I
7 .
8 .
a . A proclamation declaring the month of February, 1997 as A...tcan Hln,ry 'fr'<5 ,o -! Manth. ~
9. Public Hearing. (None scheduled)
ff
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City Council Agenda
J....-y 20, 1997 . /1":1 (A ' 4uhµ)_ ~~f 0. ~ Agenda.
a. Approve on First Reading.
i .
ii.
Recommendation from the Utilities Department to adopt a bill for an
ordinance approving an Intergovernmental Agreement with RTD for City
Ditch Piping . STAFF SOURCE: Stewart H. Fonda, Director of Utilities.
Recommendation from the Littleton/Englewood Wastewater Treatment
Plant Supervisory Committee to approve a motion authorizing cleaning of
the Anaerobic Digesters at the Plant. Staff recommends awarding the bid
to the sole bidder, Liquid Waste Management, Inc. in the amount of
$70,129.00. STAFF SOURCES: Stewart Fonda, Dhc:tor of Utlhies, and
Jhn Tallent, Operations Division Manager.
iii. Recommendation from the Littleton/Englewood Wastewater Treatment
Plant Supervisory Committee to adopt a bill for an ordinance approving
nonbinding Intergovernmental Letters of Understanding with Arapahoe
and Adams counties for Service Fee Payments. STAFF SOURCES:
Stewart H. Fonda, Director of Utllties and ClwlN J. Caudll. Procea
Development Analysis.
iv. Recommendation from the Department of Public Works to adopt a bill for
an ordinance approving an Intergovernmental Agreement with the
Colorado Department of Transportation for the SH 285 Median Project
from Jason to Cherokee. STAFF SOURCE: ClwlN Eataty, Director of
Pubic Works.
v. Recommendation from the Department of Financial Services to adopt a
bill for an ordinance approving changes to the Englewood Municipal Code
pertaining to Massage Therapy, and removing this chapter from the
moratorium. STAFF SOURCE: Frank Gltglewicz. Dhc:tor of nn.N:illl
s.w:...
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tJ1 J.. /J 'i i. c~Jlli;-Bill No. 1, approving an Intergovernmental Agreement for the ~,c; ii.
ruJl.-iii .
tfzdft 'l iv.
sharing of emergency management resources and related services.
Council Bill No. 2, approving an Intergovernmental Agreement for water
and sewer service to the Brookridge Shopping Center.
Council Bill No. 4, authorizing an exchange of property pertaining to the
C-4 70 Interchange.
Council Bill No. 5, approving a Grant of Eaaemenu acroaa the Thoma
Plating property located on South Windermere Street •
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' City Council Apnda
)illllWy 20, 1997
Pagel
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11 . Ordinances, Resolutions, and Motions.
a. Approve on First Reading .
i. Recommendation from the Department of Administrative Services to
approve, by motion, the award of bid for phone switch equipment. Staff
recommends awarding the bid to the low bidder, Lucent Technologies, in
the amount of $450,273.22. STAFF SOURCE: ~ Movic:k, Manager of
Information Servicn.
/) of/:-ii . Recommendation from the Office of Neighborhood and Business
KJ,/) -~Development to adopt a resolution approving Hampden Center
r,t J) Redevelopment and economic development incentives . STAFF SOURCE: r-11 , Arthur Sclbell ......... Community Coardlnlltar.
(jii) • »··---.. .
12. General Discussion.
a . Mayor's Choice.
b . Council Members' Choice.
13. City Manager's Report.
following minutes were tr•l8fflitted to City Council between 01/03/97-01/16/97:
Englewood Planning and Zoning Commission meeting of December 17, 1996
• Englewood Public Library Bo.-d meeting of December 10, 1998
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FEBRUARY 3, 1997
REGULAR CITY COUNCIL MEETING
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