HomeMy WebLinkAbout1997-01-06 (Regular) Meeting Agenda. ~
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• JANUARY 6, 1997
CITY COUNCIL MEETING
ORDINANCE I (~
(1997) yr, ,4, ,, s, 6, 7, 8
R£SOLUT10N ~~4, 5, 6, 7, B, 9, 10, 11, 12 I
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PRO C LAMATIO N
WHEREAS, th e Engle woo d Pira t es we r e fir ed up a nd worked h a r d this season ,
under Coach Ra ndy Pe nn ; a nd
WHEREAS, the Pirat es wer e undefeat ed in co nferen ce and brou gh t h om e a
ch a mpi on s hip b a nner ; and
WHEREAS , thi s was the Pirates ' fir s t football confere nce title in four decad es, the
last t o win leagu e ch a mpi ons hip bein g the t eam of 19 56 ; and
WHEREAS, the Englewoo d Pirat es are cha mpions a nd h ave a ri ght t o be proud of
the ir acco mpli s hme nts thi s season ;
N OW THEREFORE, we , Thomas J . Burns, Mayo r of the City of Englewoo d ,
Co lor a d o, a nd Me mb e r s of E n !,!lewoo d City Co uncil , h e r eby procl a im our s upport a nd
congr atul ation s fo r the 199 6 Pira t es Foo tba ll T e am.
G IVEN unde r our h a nd s a nd seals thi s 6th day of J a nuary , 1997.
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PROCLAMATION
WHEREAS , Rob e rt R. (Bob ) Gallagher Jr. was e lected Di strict Attorney of the
Eighteenth Judici a l District, encompassing Arapahoe , Douglas, Elb e rt and Lincoln
Co unties, in 1968 a nd is r etiring after 28 years of service, overseeing an office which grew
from a s taff of 11 to the present staff of 180 as the area became more urban and complex ; and
WHEREAS , befor e becoming District Attorney, Bob Gall agh er was in the private
practice of law in Engl ewood , a part-time Assistant City Attorney of Englewood, and a part-
time Municipal Judge of Greenwood Village ; and;
WHEREAS , Bob Gallagher has consistently maintained a high r egard for
co mmunity values and has earned the respect of attorneys within the Di strict Attorney's
offi ce of th e Ei ghteenth Judicial District, within other Colorado Di stricts , as we ll as defense
attorn eys; a nd
WHEREAS, Bob Gallagher has the r e putation of being hon est with the public and
doin g wh at is ri ght .
NO W THEREFORE, we, Thomas J . Burns, Mayor of the City of Englewood,
Colorado . a nd Members of Englewood City Council , h e r e by proclaim our admiration for
Bob Ga ll agh e r on behalf of ourselv es and the r esidents of the City of Engl ewoo d .
G IVEN under our hands and seal s this 6th d ay of January, 1997 .
Ke ll s Wagg
°'t·'-~ ~ lyd e Wi ggin s
Pnn led on Recycled Pap..-f {!
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Replar Saaioa
I. Call to Order
The regular meeting of the Englewood City Council was called to order by Mayor Burns at 7 :36 p.m.
2. lawcatioll
The invocation was given by Council Member Wiggins.
3. Pleqe "'Allqiuce
The Pledge of Allegiance WU led by Mayor Bums.
Present :
Absent :
Council Members Hathaway, Clapp, Wiggins, Habenicht,
Vonnittag, Waggoner, Bums
None
A quorum wu present.
Also prellCIII : City Manqer Claltt
City Auomey Broczman
City Ciak Ellis
Office vi Neipbortlood and Businea Dewlopment Manqer SimplOII
Direaor Fonda, Utilities
(a) COUNCIL Ml:Mal:R HATIIAWAY MOVED, AND n WAS SECONDED, TO
APPROVE THE MINUTES OF THI: Rl:GUIAll MEETING OF Dl:Cl:Mal:R 16, 1"6.
Motion carried.
Ayes : Council Members Hadlaway, Vonnittag, Wiggins. Habeaidll,
Waggoner, Clapp, Bums
Nays : None
6 . Scllealed Viliwl
(a) Mr . Jim Goble, Prelident of Flllllime Dme-ln Tbcatres, Inc .• stared thal they baYC been
opcnling the Cinderella -r-in Dri\'C-ln Tbealre lincc Mardi 5th vi ... year. He pa-9 out a a-:kqe vi
information to QCb c:ouncil member wbich, he aid. cxplaina the prablcm they are up apiDII thal
involves tbc City vi Eaglewood. He opined thal the golf QIJWSC lighls for the driving ru,c, when they
~re relocated from their original polition in early 1994 or 199S, shine a \'Cl')' bript lipt on their nonb
movie ICfflCll, which illlClfcra ICrioully with the praeatalion vi the movies . He adYial thal thcR are
some pbolol vi it in the infonaation pacllcU .
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Englewood City CCN1ncil
January 6, 1997
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Referring to the photos, Council Member Vonnittag asked what time of night ii was on the front page.
Mr. Goble advised that those were taken on June 4, I 99S, right at dusk . He noted the first picture, in the
upper left hand comer, shows the screen just before Ibey swted the movie. Mr. Goble pointed oul ii was
just dart enough IO swt the movie and on the bottom part of the screen, where ii is dart and dingy
looking, is how the entire screen should look before Ibey swt the show. He noted the light part on the
lop, going down the left hand side is the light from the golf course. He said Ibey can see, in the other
photos, how ii affects the picture.
Council Member Hathaway asked if all the photos were taken about the same lime. Mr. Goble advised
they were all taken within about 15 or 20 minutes.
Council Member Waggoner asked if, when the lights were first installed at the golf course:. Ibey didn 'I
have a problem. Mr. Goble said that appamidy Ibey were installed some years ago and there was not a
problem until Ibey were relocated at the time when they did the par 3 course . At that lime the problem
became immediately apparent as soon as Ibey turned them on the first lime. He commented that he was
not with the theater at that lime, that his partners were managing the theater at that time for United
Artists. He advised that Ibey were in contact verbally wilb golf course personnel, who apparendy made
some effon to resolve it to some dcgn,e, but it dido 't help hardly al all . Mr. Goble stated that then Ibey
wrote a letter to the golf course personnel and it proceeded from there. He said now Ibey are at a point
where Ibey just don 'I know what else to do in trying IO resolve the problem.
Council Member Waggoner asked if they gol an answer from the golf course people. Mr. Goble advised
Ibey did, that they adjusted the lights and ii did help about 2S,..... He noted it was a lot worse lhan the
photos show before they made their adjustments. Mr. Goble pointed oul lhal, even after Ibey made the
adjustments and got ii down IO being only lhis bad, they are getting tremendous complaints from their
customers. So. he said. they went back 10 the golf course and were told there was nothing more they could
do . Mr. Goble advised that their attorney conlacled the City Manager and they got a letter back from the
municipal insurance agency that said the City could take refuge from lhis problem under the
Governmental Immunity Act. Mr. Goble said he did not know what else to do except talk to City Council
to see if, through a sense of neighborliness and fairness, they could get 110111C kind of dialogue open to deal
with this problem.
Mayor Burns noted lbal he undel'Slood this problem was subllantially solved, but that obviously it basn '1
been. Mr. Goble stated that no ii is not .
Mayor Burns asked if Council ever got a copy of the letter reprding the GcM:rnmental Immunity Act .
Mr. Goble advised that the letter is in the packet.
Mayor Burns commented that ii seems kind of unfair that the theater is suffering this problem because of
our lights. He noted they have talked to Jenell Black about this a couple of limes and sugeslCd perhaps
Ibey shouid get some more input. Obviously. he noted, the lights are on the driving range and if you can
hit a 200 or 300 yard drive out there the lights have to project and ii appears they are affecting the ICRlCII .
He asked City Auorney Brouman or City Manager Clark if there has been an analysis ol revenues
received and the benefits of having the night golf or whether ii bu to extend beyond a certain lime.
Mayor Burns asked if thole iuues have been addraacd or mainly just whether the lights illlerfere with the
theater or not . City Manager Clark Slated that he does not know whether we have done an analysis hour
by hour in the evening.
City Manager Clark asked Mr. Goble if he was proposing lhal we turn the lights off when Ibey get rady
10 stan the show or if he was suggaling that we remove the lights or relocate them wbeR Ibey don '1 shine
north . Mr. Goble noted that they have tried relocating them and that he wouldn 't necasarily suggesa that
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En&tewood City Coaac:il
January 6, 1997
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they n:move 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 Slated that, as he said on
page two of his letter, that they have a proposed solution which would be to turn the lights off earlier. He
noted they provided Council with a schedule of their approximate movie starting times for the coming
season, which is, of course, the same every season . He stated they were just wondering if they could get
Council to open a dialogue with them to try to work out at least a partial solution.
City Manager Clark asked if there was anything that could be done with the screen itself or perhaps an
upgrade of projection equipment. Mr. Goble staled that thc golf course folks came out and tried actually
putting some lights under thc IICl"CCII, IO put light on the bottom of the screen, to make it look the same as
the top of the screen and it was a 10tal dil8lilcr. ltjull washed out the bottom of the screen as bad as the
top of the screen . Mr. Goble explained that what Ibey did after that was IO rq,lacc wiring and breaker
switches into their projeclOr on thal side to iDcrealc the projection bulb up IO a 4500 watt bulb, that they
wen: running a 4000 watt bulb. They did this in hopes thal brightening the picture enough would
compensate for it, he said, but it made very little ditfcrcncc. l1lcn, he noted, they inquin,ci about going up
as far as a 7000 watt bulb and wen: told by numerous people that know the projection equipment, that if
you go any above a 4500 watt bulb you will melt film as it goes through the projector. Mr. Goble
commented that he believes them because, after they put the 4500 watt bulb in, the film was coming out of
then: so hot they damaged a print of lndcpcndcooc Day and Erascr. 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 IIODICbody from Public Worts look into some
kind of dcOcction . She said she knows that that being a State highway it might be a little difliaalt, having
a dcflCCIOr on the highway side, but if there was some way to attach, or help them attach, something IO the
screen to shiclcl it from our lights too. She commented that she docs not know if that would be a feasible
solution or DOl, that it has woncd at other tbcatcrs. Ms . Hathaway pointed out that Nonh Star used to
have 10 do it bccamc ofthc light from the Valley Highway. Mr. Goble asked if she knew what Ibey used.
Ms. Hathaway said she doesn't rcmembca, but that Ibey used IO have something that curved around their
screen that kept the ligbb from thc highway from hiUing the top of their screen . Bcc:aUlc tbey .uc a
little bit higher on the hill than thc highway was . Mr. Goble DOied that one of his plltllCrS was a lll8IIQCI"
at the Nonh Star for ICVCl'a1 years and he can pnJblbly ._ thal, but thal be was IICJ( aware of 8ll)'tlling
like that. Mr. Goble DOied thal be can't ilmgiac anything that would be laflC enough to mwer it. Tbc
only thing, as far as a barrier, would be perhaps a barrier al the very end of the driving ranp: and it would
be a large one, perhaps even 80 feet tall. Or a barrier up on the hill where the SWe Highway Dcpanmcat
has a building. In fact, he pointed out, thc SCalc Highway Department is what is shading thal pan of thc
screen on the right hand side where it is not affcdcd. That, he said, is the shadow of thc Highway
Department Building, so they would have IO put up IODIClhing higher than that building and it would jUII
be huge.
Council Member Vormittag asked if they could put up IODIClhing, like the big net along thc side of thc
golf course thing, when: the playground is bclwcca the two buildings. Something like thc 8-UIC ,
when they raise up the net when they do the kicks. That way, he said, it would nol have IO be a pcrmuea1
thing, but they could just raise that up IO block thc light from that puticular ICl"CCII on thc north side.
Then when the lights go out they could just lower it. Mr. Goble aid that llppQfl to be a good ....,,...ion.
bul that is not when: the light is coming over, the ligbt is coming over actually off of their propaty for the
most part. He pointed out that it is coming over the Highway Dcpartmcnl Building, IO whalever IUUCtun:
would be built, would have to be built up on that hill when: the Highway Department Building is. He aid
he believes that people involved with this within the City and the golf c::ounc to this point have looked aa
options of barriers. He noted that he is not saying a barrier would DOC work, but he thought that ii had
been looked at and they walked away shaking their heads, without a n:alislic IOlution .
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Englewood City Council
January 6, 1997
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Council Member Habenicht noted that there is an issue she has brought to the attention of the City several
times in the past and it has to do with dart skies, in terms of astronomical viewing and things like that.
She said it is her understanding, in the world of the astronomer, that they support a dart sky approach
which has you lighting what needs to be lit. but not what doesn't 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 are 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 to cooperate in doing a study of what would be available and sharing any a>st or
anything, if that was a problem, 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
oooperative to the point that they feel they can be. He said they have already refocused, redin:cted, the
lights down oonsiderably. He noted that when the prublem was first announa:d and the lights were
coming right al them, the golf course people diJCCted them down a fair amount. And he noted, as he said
in the letter, it did improve the situation by about 2S%. But now. he advised, they swe that they can't
drop them any further down to be dircclly on the golf course. because they would lose too much of the
light that they need projecting out for the balls being shoe clear out to the end of the course.
Council Member Vormittag asked about the suggestion to put the lights on the telephone poles along the
side and shoot them onto the golf course, where they are shooting west. And then take out a IOI of the
north shining lights where we only have one or two facing north and put the rest up on top aiming
downward, that way, he opined, you could still sec the ball out there. Mr. Goble said that if you could
move the lights to where they were along the side of the driving range, shooting down onto the driving
range, he felt 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, that 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 com:ICt the
problem, when they should have known. if they are an experienced design finn, that there has been a
drive-in thealer sitting OYer there since 1973 and the screen is clearly visible to them . He said he is sure
that one of their sales points in Idling these lights to the City was just how bright they an:. Mr. Goble
said he just wonders if the City could consider moving the lights. if they could absolb a good part of the
a>st of that or maybe just move them on their own. He opined that they should have k-. this, that for a
professional organiwion that designs lighting, a drive-in theater screen is not real hard to miss and he
thought they goofed .
Mayor Bums commented that you would think that if there was a liability there it might be dircclly from
the affected party to the company rather than through the City. He said it would-to him tbal if the
City is not liable under the Gowernmenlal Immunity Act , tbal these people would not be liable to the City.
He noted that the liability may have IO follow a difrerenl course. But he said tbal is a good idea. whal Mr.
Vormittag is saying, withoul having the lighls shining in the eyes of the golfers. perhaps they could be
established on the sides . Mayor Bums staled it would 11CC111 to him like it would sot,-e the prublem. Mr.
Goble opined that it would . But . Mayor Bums said. he does not ~ whether there is any liability for the
designers or manufacturers of the lights. He allcd if the idea was explored of pulling the lights on the
side. Mr. Goble said he thought he mentioned tbal to Bob 8uflCIICr once and he felt it would be
astronomically expensive. Partially bccauK of the dqllll of the COIICl'dc pylom that support them. He
said he did not think they were IOIDCthing thll could nccaarily be pu1 oa existing phone poles, although
maybe they could. Mr. Goble said that Mr. &qcacr's feeling was tbal they had to anchor them down 111
deep because of the heighl ol them and wind load, and all tbal. To move them, to re-illllall them would
be just unbelievably expensive. City Manager ClaJlt advised tbal they did look into that. He pointed out
that that is all landfill in there and when we put the net up it was very expcnsi,-e. Mayor Bums said he
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Ea&kwood City Council
Juvary 6, 1997
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understood that putting the net up was also quite an engineering feat and Mr. Clark agreed. Mr. Clark
said that he was not sure why it didn't work, but that it 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 it was something they were going to decide here tonight.
He stated he thought City Manager Clark should look into it.
Mr. Goble agreed and stated that he did not expect it to be solved tonight. That he just wanted to sec if
they could open up some kind of a clialog with some kind of a rough timetable to where they could look
forward to llying to do something with this problem.
Mayor Bums asked if they arc open now . Mr. Goble advised that they arc open now, that this is the fust
year they have operated the thcala and they an: open weekends as weather permits even through the
winter. He said that, of course, it is not bodlcring 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 to play. Council Member Hathaway noted that according to the message
on the answering machine the golf counc: clolcs 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 to them this
time of year and he thought they closed about lalc Scplanbcr and so it is not a problem in the winter. But
come spring they start getting hit with it.
Council Member Waggoner asked what causes the shadow oo the bottom pan of the screen. Mr. Goble
advised that that is just what ii would normally look like from the dartncs& of night. Mr. Waggoner asked
if the lights don't hit that part of the screen. Mr. Goble staled that they don 'I hit that part because part of
it is land and, he thought, part of it might be the Santa Fe off ramp there onto Hampden, that is shading
the bottom part of the screen . Council Member Waggoner said then it might be if wc just lower the 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 to bring that up as a
possibility now . If they just move thole lights down oo the poles and left them pointed downward, he was
sure they would not be as happy in a situation like that. with the light projcclion they Ft oo their field, but
that he thought ii -certainly worth CODSidering.
Council Member Wiggins asked Mr. Goble if it is not coma that his thcaler is localed in the City of
Sheridan . Mr. Goble staled that ii is. Mr. Wiggins asked if they derive the revenue from the lbealcr . Mr.
Goble advised that they do.
Mayor Bums said that pcrhapl Council can diRd llafl' 10 look into it and sec if there arc any other
solutions and City Attorney Brotzman c:oulcl lapoad to CGuncil on the lcpl side of ii as to whclhcr there
is any liability through the manufacturer or designer of the lights. He IIIIICld that even though the City
doesn 't have a liability under the Govcmmental Immunity Act, it doesn't mean~ can't talk to them. He
said WC prol,ably have lalkcd to them anyway about solutions, about how to handle their product. but
perhaps the idea of having them on the side somehow, or lowering them oo the poles seems like a new
idea. Mayor Bums staled that he thought they would be willing to make a good faith effort to try to do
something about this if they possibly can . Mr. Goble aid he would apprcciatc that very much. He
thanked Council for their time and advised that his phone number and address is on the top part of his
letter in the packet. He asked if they bad any idea when they might bear -.cthing back, as far as a
preliminary discussion. Mayor Bums said he had no idea and asked City Manager Clark if he knew when
they opened the range. Mr . Clark said he would have to talk to them. Mayor Burns advised that Slaff
would have to Ft back to them as far as when they open the ranae and when they c:oulcl Ff a l'ClpOIIIC.
He noted that he thought part of that would probably be -kind of continual dialogue with Mr. Goble
and his company , so he would know that anyway . Mr. Goble aid okay . Mayor Burns adviled that they
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En&kwood City Couacil
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will direct Slaff to get back to Council, al least with 110111C dales and times, right away, as to wbe-11 we
would have to n:ach some kind of solution to this. Mr. Goble off'cnxl his thanks and appreciation.
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'Jllerc were no non-scbcdulcd visitors.
s. c-1catio1n, Pnc1...._. • Ati,ei11tae11t1
(a) A proclamatioo honoring Bob Gallagher, District Attorney for the Eighteenth Judicial
District was oonsidcrcd.
COUNCU. MEMSER BATRA WAY MOVED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION l'ltOCLAIMING OUR ADMIRATION l'OR 909 GAUAGIRR ON
BEHALF OF OURSELVES AND THE Rl:SmENTS OF THE CITY OF ENGLEWOOD.
Motion carried.
Ayes : Council Members Hathaway, Vormitlag, Wiggins, Habenicht.,
Waggoner. Clapp, Bums
Nays: Nooe
Mayor Bums stated that this honors Mr. Gallagher after twenty-eight years of llCIVic:ic as District Attorney,
upon his retirement. He said he undcnt.ands that he is in ill health right now . He advi&ed that he directed
Slaff to try to find an appropriate lime 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 undcntand that is ROI possible at this poinL
(b)
oonsidcrcd.
A proclamatioo honoring the Englewood High School Pirates Football Team was
COUNCIL MEMBER BATRA WAY MOVED, AND IT WAS SECONDED, TO APPROVE A
PIIOCLAMA110N PROCLAIMING OUR SUPPORT AND CONGRA11JLA110NS l'OR THE
1"6 PlllATES ll'OOTBALL TLUI.
Motion carried.
Ayes : Council Members Hadlaway, Vormitlag, Wiggins, Habcnichl,
Waggoner, Clapp, Bunls
Nays: Nooe
Mayor Bums QOIIIIDClltcd that he was not sure the team -IICllificd ud ltalcd that we need to find an
approprialc lime and place to prcscnt this pmclamation as well. Council Member Halhaway lllgClled
they a,mc to pick it up al the next Council mcdiDg as tllcrc -'I an,-iD sc:bool for the 1811 two
weeks SO it might ha\'C been hard to gel I hold al them . Mayor Buras llaed ii would be aic,e to llonor
them hen: and be directed staff to COlllaa the school to ICC if ii would be poaible for them to be here for
the next regular oouncil meeting.
9. Pllllllc Barias
No public hearing was scheduled bcfOR Council .
COUNCU. MIMaER HATHAWAY MOVED, AND IT WAS SECONDED, TO AnSOVE
CONSENT AGENDA ITEMS 10 (a) (I) THROUGH (YI) ON mtST READING.
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Englewood City Council
January 6, 1997
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(a) Approve on First Reading
(i) RESOLUl10N NO. I, SERIES OF 1997
A RESOLUTION DESIGNATING 1HE BULLE11N BOARD IN 1HE LOBBY OF ENGLEWOOD
CITY HAIL AS 1HE OFFICIAL POSTING PLACE FOR ALL NOTICES OF 1HE CITY OF
ENGLEWOOD .
(ii) RESOLl1l10N NO. 2. SERIES OF 1997
A RESOLUl10N FOR REAPPOIHl'MENT OF JOHN W. SMl11I, m AS ASSOCIATE MUNICIPAL
JUDGE FOR 1HE CITY OF ENGLEWOOD, COLORADO.
(iii) COUNCIL BILL NO . 2 , INlltODUCEO BY COUNCIL MEMBER
HATHAWAY
A BILL FOR AN ORDINANCE AumoRIZING AN INTEROOVERNMENT AL AGREEMENT
BETWEEN 1HE BROOKRIDGE SHOPPING CENTER, 1HE ELLEN L. 0.ARIDA MADDEN TRUST,
1HE BROOKRIDGE HEIGIITS WATER .t. SANITATION DIS11UCT AND 1HE CITY OF
ENGLEWOOD, COLORADO.
(iv) COUNCIL BILL NO. S, INlltODUCED BY COUNCIL MEMBER
HATHAWAY
A BILL FOR AN ORDINANCE AU11IORIZING A GRANT OF WATER LINE EASEMENT AND A
TEMPORARY CONSTRUCl10N EASEMENT BETWEEN 1HE CITY OF ENGLEWOOD,
COLORADO AND 1HE A-Z COMPANY (11IOMAS PLATING).
(v) COUNCIL Bll.L NO. 4, INlltODUCl!D BY COUNCIL MEMBER
HATHAWAY
A BILL FOR AN ORDINANCE AUTHORIZING 1HE EXOIANGE OF PROPERTY TO HIGHLANDS
RAN01 METROPOLITAN DIS11UCT NO . 3, PERTAINING TO DR. OHLSON AND 11IE C-470
INTERCHANGE .
(vi) COUNCIL BILL NO . I, INlltODUCED BY COUNCIL MEMBER
HATHAWAY
A BILL FOR AN ORDINANCE AUTHORIZING AN INTEROOVERNMENT AL AGREEMENT
ENTITLED ~INTERGOVERNMENTAL AGREEMENT FOR EMERGENCY MANAGEMENT"
BETWEEN V ARJOUS JURISDICTIONS 111ROUGHOIJI' 1HE STATE OF COLORADO AND 1HE
CITY OF ENGLEWOOD , COLORADO .
Ayes :
Nays:
Molioll c:arried .
Council Mclllben Halllaway, Vormiaag, Wiggi.as. HallCllicbl,
Wagoaer, Clapp, Burns
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Englewood City CCN1ncil
January 6, 1997
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Mayor Bums stated he wanted to make a parenthetical note on Agenda llem 10 (a) (iii). He advised that
he talked to City Attorney Brotzman this afternoon as the staff memo says there is an addition on the
!!l!!!Jb 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 has 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 (II) (ii) Mll(lii) ON SECOND READING.
(b) Approve on Second Reading
(ii) ORDINANCE NO. I, SERIES OF 1996/1997 (COUNCIL BILL NO. 81 ,
INTRODUCED BY COUNCIL MEMBER HA11{AWA Y)
AN ORDINANCE AlITHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTl11.ED ~cITY
OF ENGLEWOOD PROJECT AGREEMENT Wl11f RTD FOR TRANSIT FACILITIES AND
PARKING SPACES TO BE INCORPORATED INTO THE REDEVELOPMENT OF COMMERCIAL
REAL ESTATE NEAR HAMPDEN AND SANT A FE (PRESENn. Y 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 HA IBA WAY)
AN ORDINANCE AU11IOIUZING AN INIBGOVERNMENTAL AGREEMENT EN1111.ED
~ AGREEMENT REGARDING CONS11ll1C110N OF DRAINAGE AND fLOOO CONTROL
IMPROVEMENTS ON BIG DRY CREEK AT WINDERMERE, CITY OF ENGLEWOOD· UDFCD
AGREEMENT NO . 96-10.0S," BE1WEEN THE URBAN DRAINAGE AND fLOOO CONTROL
DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO .
Motion canied.
Ayes : Council McmbeR Hadlaway. Vonaillag. Wiaia Hlllcaidll,
Wagoner, Clapp, Bums
Nays : ~
(i) Coullcil Melllber Habalicllt .... that die -* lllbll .... lllis be
remow:d from die a-at A,-la. even dlougli Ille believa Ille docs mlCad to ¥Ille lor ll. is dial Ille
undcnlands that when Council WIii ..ting -of die ...... ~ .... , to die cladaplllcnl. one: of die
things tbal was brought up by the OM1Cr of the pn,pcny was pllOCIIIClll of paniaalar tna. Sbe said she
jull wanlCld to clarify to ICC if we baYc lddla.l 1h11 ~. Ms . Habalicllt 8CIICII 11111 Ille undcnlands
1h11 tbe plllCffl!CIIC of trees. that was n:,quin,d II one: partiadar point i• time in the PUD , would be a
hanlship on the ietailen that baYc ll*)CI. She said she jull wanted to make aue dial was addreaed.
Mayor Bums said he thougbl that it was . He said he thougbl 1h11 the qucslion was that the trees might
illlCl'fcrc with -of the parting.
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Ell&lew ... City C•llcil .,_.ry ,. 1'97
Pap:9
Manager Simpson said he thought her question relales to some lnlCS being placed in the parking lot and
probably blocking some of the retailers signage. He advised that issue was addn:sscd, that it was not
included on the site plan.
COUNCIL MEMBER VORMl1TAG 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 BllL NO. 60, INTRODUCED BY COUNCIL
MEMBER HA111AWA Y)
AN ORDINANCE APPROVING nm REZONING OF 11iE BROOK.RIDGE SHOPPING CENTER
LOCATED ON nm SOU11IEAST CORNER OF BELLEVIEW AND SOU11f BROADWAY IN 11iE
S 100 BLOCK, CURREN1l. Y 1.0NED B-2, BUSINESS DISTRICT TO A PLANNED UNIT
DEVELOPMENT.
Motion carried.
Ayes: Council Members Vonnittag, Wiggins, Habenicht, Waggoner,
Clapp, Bums
Nays : Council Member Hathaway
II . O......_.Rt I IMiiudMotiNI
(a) Appnwc on First Reading
(i) Dircclor Fonda praeated a ,o e dllion flOm lhc: Litt.ld-'Englcwoo
Wastcwller Tlalaall Plaa Supervilory ~ IO 11111"M, by IIIOlion. a COIIIUUclion OOllll'ICt with
Ccalric-"-b die Plme 18 UliijllCMW.ilb II die ..... ill die.-of S 16.179,000. He OOIDlDl'llfed
dull they Clllalida' dlis a very FOd bid, ill dull dlcy ~ ..... all of dlcir plaM on SI 9 ,400,000, ID they
WOllld rec D 1 approval of tliis a.mllClion ODallael.
C--=il Neala Hadlaway IIIUd ii Ccauic-i-Ila dlae ay ..t II lhc: Plul bc:foR . Dircclor Fonda
said dull lie docs ... ..._ dlcy i-c. .... dlcy -• \a)' larF firm and \a)' Mil qualified. He advised
they did cllect dlcir mc:qn,ad.
COUNCIL Muoaa BA1RAWAY MOYD. AND IT WAS SIECONDIED, TO Al'l'llOVE A
CONST11UCl10N CONTaACT WITH aNTIIIC.JONU JOR TIO PHASE 1B
IMl'llOVDRNTS AT TIO LITI1..rl'ONIIEOOD WASTEWATER TREATMENT
PLANT IN TIO AMOUNT OF 116,119,111.
Motion carried.
Ayes: COIIKil Melllbcn Hllhaway. Vormiuag. Wigins. Habenic:111. w...-,. Clapp, Bums
Nays : None
(ii) IClelt 's IIOIC : This a,enda item w a m:ommc::ndelion from lhc: l>qllltmeal
of Mminillralive Services io .....-, by IIIOlion. a bid awant for pholle midi cquipmeaa.1
Mayor e.. llaled dull lie -advilDII dlis .na-dull dais .... ilea dlllUld be pulled rn.. lhc:
..... dull ... ii ...... ...,. for tllil yd. 11lal dlcy tllouglll dlcy ..... be, bul ii-is -
~dull_. IO be alaiaed.
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Ea&tewood City Couacil
Juuary6, 1997
Pace 10
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Council Member Hathaway asked if they should table the item or just pull it. City Attorney Brotzman
advised that it was put on there by staff so they will bring it back.
This agenda item was pulled from the agenda.
Council Member Wiggins commented he would like staff to address what they arc going to do with the
old equipment when they bring the item back.
(b) Approve on Second Reading
There were no additiooal items submitted for approval on !ICICOnd reading. (Sec Agenda Item IO -Consent
Agenda.)
12 . Calenl .......
(a) Mayor's Choice
I. Mayor Bums requcslCd authorization to travd to Washington., DC for the Presidential
Inauguration. He advised that he received an invitation to the Inauguration and the idea is to go in and,
oocc again, contact the Congressional dclcgation, the lobbyists for RTD, and any staff of rcprcscntativcs
or senators on appropriation oommittecs. to look forward to the appropriation wc hope to Ff this year for
further funding for light rail. He noced they had talked about $30 million, but that he undcrslands now it
will be closer to S4 I million, because the rcquc:sl last year was for SI million and wc CYCDtually got $3 . 4
million or a little under $3 million. He said they would like to make that up . Mayor Burns noted that he
understands that the House: Commincc they tatified before the last time, is the same one wc would go to
this time, which is the sub-committee oa llaalpOl1alion appropriations chaired by Rq,rcsenlalivc Frank
WolfHrom West Virginia. He advilCd that the SaillC Tramportation Committee for ~ has
chanpd. Scaalor Hldicld UIICd to be the cllair ud lie has rclin,d, so Senator Shelby is the chair. Mayor
Burns noced he is not sue which 1111e lie is from. bul that lie has med to try to speak to bim. or bis staff,
when he is there. He said they are trying to anmtF that . Also, he llatCd, • he mcncioacd to Council at
the Study Session, he appeared al the swaring in today of Diana DeCicUe ud she is very supportM of
light rail funding. In facl shc said ill bcr rcmarts that shc WUICd fiall funding for the ligbl rail. Mayor
Bums commented that he would like to meet -of bcr staff. He noced he -informed that
Representative Schaefer 's staff member on uansponation is changing and there is a new staff member
coming on board. He said he would like to med that person. Senator Campbell has been supportive of us
recently and. he advised. be would like to sec who be could COlllact, possibly , on his staff. Mayor Burns
stated that he even med ifbe could med the new Sccmaly of Transportation, Mr. Slater, but he doesn 't
know if that is possible or not . He said he will med with the Jefferson Group, they will be malting these
arrangcmcnts through the lobbying group for RTD ud will line out what the plO(lCSS is for approval of the
light rail funding . Based on that premise. be said, be would go in on Thursday of next week and the
Inauguration is on Monday and Friday is the next business day before that. He noced a lot of pcoplc arc
coming and going, that there arc a lot of Slaff changes. He said he would also like to sec if he could
contact somebody on Scoator Allard's staff. So, he noled, they arc going to do the best they can to med as
many pcoplc as possible during that day by anangcmcnt through the Jefferson Group. He said, based on
that. he is asking Council to allow him to go to the Inauguration .
Council Member Hathaway cornmcnled that. having been to the 1-.guralion four years ago in her
capacity• Mayor Pro Tcm II the time. and not having any ofit paid for by the City, she RqUC5lCd that
they put this down • not just aoorizing the Mayor to ID to the 1.......-. bul aallorizillg the Mayor
to ID on a lobbying trip. Mayor Bums said that was fine. 8ecaulc, Council Member Hadlaway said, she
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E•&kwood City C111111eil
Juuary 6, 1997
Paie 11
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bad some concerns about the fact that it 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 he is doing the
lobbying etrons as well , because, she commented, as far as the lnauguralion is concemcd, he will not get
much done.
Mayor Bums stated that, if he was jusl going to have a good time, he would ROI ask Council to send him .
He did not think that was approprialc.
Council Member Habenicht commented that she, too, has a concern, becaae it feels to her like a partisan
kind ol thing, rather than • municipal kind ol thing. If the lollbying is exuandy imponant and valid to
do. she fdt tbal -should pay for that. Bal, she said. 11111)1,e the bcncr time to do tbal would be when
pcoplc would be mce accelliblc, not during the transition time. So. she llaled. she does have some
COIICCl1I about tbal. Ms . Habenicht opined tbal the drorts tbal Mayor Bums has put forth and the good
vibes that -are *"doping with our rqllalClllalMS and all olthat. are exballdy, cxtrandy important.
She said she really believes these are two differmt issues and two difl'erent things and she really did not
think that this is the best time to do all ol that lollbying. Ms. Habenichl Slated she has some concmi about
that.
Mayor Bums explained that his thought about that is. if you can IIICld the new Slaff members as they are
coming on board you will establish some rapport with them bef~ wc go in to testify lalcr on. He said be
thought that would be hdpful. rather than coming in later where wc don ·, know them before wc get there .
That is of course. he pointed out. premised on the ability to do liOIRC good and to meet them. They seem to
think it would be hdpful to be there. Mayor Bums said he undenUnds her oonoem. that he does noc want
to go in there and not have the ability to make some impol1anl conlaclS. rcMW some contaas wc already
have and see if wc can't lilOlt ol get ahead ol the pme a little bit before we go in there again. He Slalcd
that is the main objective ol doing this .
Council Member Hathaway IUIIOd dial. ..... tllaae lilles. baving boea there and baving bad to ICIUUllF to
get tickels and things like dial, IOO, ud bavillg to pay for lhem lier,cl( thal she would ..... the City
pick up the lib for the airfare. lodaial ud food aUowuce. bul 11111 pick up die tickels and thc bax ft:lllal .
She explained tbal she considers dull -pr:nuaal ia llllbft, ud Ille felt dial should be CIIII ol bis OM1
funds. Ms . Hathaway comm s 1 dial if die Mayor allaldl die 1 ......... Ball be will IMII be getting any
lobbying clone. lbal be will med a lot olpcaple. bul be-'t get a lot ollollbying done . Discussion
ensued . Mayor Bums Slalcd that he docs 11111 have any objcclion to thal .
Council Member Hathaway commented that she had an invitalion also. Consequently, she said, that is
why she has mixed feelings. lbal she also has a place IO stay when she would get back there, so that is noc
a problem. She noccd she just has no desire so ID as this panicular poinl in time, that Oll()C was enough.
Mayor Bums noccd that oae thing -have here is tbal -have an OD-gOing project with a Federal
oonllllet . He stascd -have to rcaew ud 1111111c dleae ClOllbacls in order IO COlllinue to have this funding
and that gi\'CS him the opportullity IO IIICld people while be is in there . Mayor Bums said that if WC didn 'I
have someching like lbal going for die City there rcally wouldn 'I be a ..,._ to ID back and see die
congressional ddegalion. just on some general iscms tllas a«ect municipalities. He said that frankly be is
hoping that if he can get a good rqJOl1 from being dlerc be will come back on the aftcrnooo bef~ die
RTD board meeting, where they WIC for die dlair. He stated he would plan to go down there and speak
on behalf ol the City and our lighl rail liae and llapc{ully have mme good mfonnasion tbal be can rclase to
Slaff and to them .
Responding to Council Member Hashaway , Mayor Bums confirmed dlas be will be coming back oa
Tuesday .
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EapewOOII City Coaacil
JaNary ,, 1997
Pqell
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Council Member Habenicht said that she would just pose one other thought and that would be the
partisanship of a Dcmocral going to a Democratic lnaugunlion to visit the Republican delcplion. Again,
she Slated, she is rally a,ncancd thal -arc doing the vay best -can for the City . She said she
believes that they arc and she agn,cd with Council Member Hathaway's support, if it is important to do
that and he has done ground work in the background, with setting these pc,oplc up ahead of time as if it is
going to happen, that she certainly docs not want to embanass him or the City. So, she noted, she will
suppon it, but she thought it might not be the best time.
COUNCIL MEMSER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
AIRJIARE, LODGING AND FOOD AS PllESENTED Jl'OR MAYOR BURNS' TRIP TO
WASHINGTON, DC Jl'OR THE PllESIDEN11AL INAUGURATION.
Council Member Wiggins SlalCd that he tocals thoac COSIS to be Sl ,387 .
Ayes :
Nays :
Abstain:
Motion carried.
Council Members Hadllway, Vormittag, Wiggins, Habenicht,
Waggoner. Clapp
None
MayorBums
Mayor Bums thanked them and said he hopes he can give a good rqJOl1 when he comes back .
Council Member Hathaway suggesacd that he a,ntact the local omccs before be goes. as it will make his
life a lot simpler once be p there. Mayor Bums advised that be talked to Diana DeClelte 's local chief of
Slaff, but their office in Washington is being IICI up right now . He IIOlcd that is a good suggestion. Ms .
Hadllway said that way oac:e be arma it will make more beneficial use of his time on Friday. because
you can bet it is in turmoil. She oommaMcd that it -'t be as bid a turmoil as last time, because they arc
not locally changing administnlion, but thal it is a vay bectic place during inauguration time and it is
vay hard to evc:a get into the offices once you a-through IICCUrity. Thal is why. she said. she sugcslCd
be make appoiDlmcntS IJeiR be leaYcs. Mayor Bums said thal is the whole idea of going through the
lollbying gn111p. bccallC they arc righl on site and thal is when: be hopes be can rally make -specific
appointmcnls through them.
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Mayor Bums IIOlcd that one Oilier item that has been under discussion ud they -, of gOI briefed on,
which -broughl up becaia11e Manin Luther King Day is coming up and our City doc:111 't recognize thal
holiday. But -do recognize things lille New Year's Eve. wbic:11 be undcnlands vay few olics do uy
more . Mayor Bums adviscd thal dlis is pan of our Dqllllialiam with our a,nlQcU with _. llllor gn,ups.
So, the idea. the IICXI ti-dlis ~ ... is to talk to them .... SMppiag -of the days. He lllJled -
also have the day after Tllallbpvillg. wbic:11 a lac of cities doll 't have, thal -hive devcn holidays ud a
lot of cities have nine. becaialle llley cloa't llavc the day after Tllallbgiviag and New Year 's Eve . So, be
said. there may be -c11an,e -ca -*c widlolll CIOltiag the City any ~. but reaipi1Je Manin
Luther King Day illllead of-of tllele odlcr tlliags tllat vay lcw cities do uy -·
Council Mcmbcr Habenic:ht oomlllClllcd tlul sllc ........ tlul -a mrvelw idea aad Ille tMllkcd
Mayor Bums for bringing it up and sllc felt tlul U)1hing -can do to help caQOUIIIF tlul -.Id be vay,
very good. •
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Englewood City Council
January 6, 1997
Pace 13
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Council Member Vormittag said that as a matter offacl some of the employees mentioned that to him.
Mayor Bums said it was also mentioned to him. He DOied that he talked to the City Manager at Cheny
Hills about that and he said that they just have a vcsy divenc workforce and they thought they should do
that. Mayor Burns opined that -should IIIO\'C to do that, but that he understands that they have to do it
basically when the contracts oome up and make it part of negotiation.
Council Member Hathaway DOied that the Stale of Colorado used to allow you a flexible day, either after
Thanksgiving or after Chrisunas or New Years. She said you had one day that you got to choose and she
thought that you could CX1cDd that option to Manin Lulber King Day if you wanted to give the option of
four different days they oould take or whatC\U. She pointed out that that way you could keep your City
Slafred too, because you might be able to keep the City open . Mayor Bums said his thought on it is that
Manin Luther King Day is a little bit more important than whether you can shop the day after
Thanksgiving, that you might pu1 that on a little bit higher plane. Council Member Vormittag said or
CYCD New Year's Eve . Mayor Bums said, regarding New Year's Eve, that when he talked to Slaff and
City Manager Clark about it, they were almost embanassed that they -ren 't here because almost no
other city does that anymore . Council Member Vormittag noted that he heard it on the radio, they said
that the only city that is cloicd is the City of Englewood.
(b) Council Member's Choicie
(i) Couacil Member Hathaway :
I . A resolution specifying Aid to Other AFOcies for 1997 was considered.
The resolution was assigned a number and read by title :
RESOLtmON NO . 3. SERIES OF 1997
A RESOLtmON SPECIFYING AID TO 011iER AGENCIES FOR 1997 BY 11ffi CITY OF
ENGLEWOOD. COLORADO .
COUNCIL MEDER BATBAWAY MOVED, AND IT WAS SECONDED, TO APPROVED
AGENDA ITEM 12 (II) (i) • USOLU110N NO. 3, SERIES or 19'7.
Motion canicd.
Ayes : Council Members Halhaway, Vormittag, Wiggins, Habenicbt,
Wagoner, Clapp, Bums
Nays : None
Council Member Hathaway asked whether -were going to provide certificates to these people like -
have done before or are -just going to send them their cbccks this year. She said she was aware -
have not had a whole IOI of tumout the ... few years, but she felt it was because it is so clolc after the finl
olthe year . Ms. Hathaway thoughl it might be beacficial to Uy to contaa some of these people as -11
and w if they can show up on the mceting on the 20• to rcceiYe their checks. Responding to Mayor
Bums, Ms . Hathaway sugcsted-Clllllact them ahead of time . Mayor Burns said SUR, that he didn 't
know "ilY -oouldn 't do that in the meantime. Ms Halhaway said if-don't ,et a l'ClpOIIIC then -
don't hn-c them on the agenda. But, she said. as there is a new director of Inter-Faith, and differait
things are happening al Meals on Wheels and Ga&eway . maybe -need an updale just to know who these
people are if QO(hing ela:.
Council Member Habenicht said she thought it might be iDlercSting too. because sometimes when -have
people come here to gi,-c them a proclamlllion or the like -don't really have anything planned. a
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f.a&lewood City Coaac:il
J-ary 6, 1997
Pace 14
n:cq,tion or the like, that maybe it would be interesting to have maybe five or six or seven different
Council members go to their board medings and give a pn::IC'IMllicJn . She IXIIIIIIIClltcd that that might be
more meaningful to them and tbal Council ..alller miglll le.am a lot more too, that that might be a
different way of handling it Council Member Vormiaag asked if tbey would pracnt them with the
check. Ms. Habenicht said yes . Mayor Burns said that is a FOd idea, that we could see how many would
want us to do it that way .
(ii) Council Member VOlllliUag wislled Mayor Burns 9IJOd luck with his trip and
bopc:d things go very well . He said be -rcaUy cxcilcd lllcllll Ilia ll)iag. Mayor Burns COIIIIIIClllcd that
be lakes seriously what Council Member Hadiaway said, dlll lie rcally bas 10 prarrangc to do some FOd
when be goes back there. Mr. V«mitlag DClflCd be -looking forward to sccing his rcpon.
(iii) Council Member Wiggias:
1. He woadcrcd if the City could call or IIClld a little noce to South Suburban Parts and Rcicrcation
10 remind them of their raponsibilities far --1 since they -ha\'C a sidewalk OIi Bdlcvic:w OIi
the IIOl1h side. He commcatcd that they arc DOI mailllaining it II all when it p -and it especially
ices up OYCr there. Mr. Wiggins said be DOliccd they MIC in downlown Littldoa today dcuing their
walks on: 11111 they just need to "-tbal they have another area to clean.
2 . He COIIIIIIClllcd 11111 the C-470/McCJdlan IIIICrcllaqc is ping quite a bit of publicity. He said
it -in the Rocky Mountain News today . He said be undentood the Dcovcr Wala Board bas to pag 1111
some RIC(IICl1 and be asked Din,ctor Fonda how that looks.
Director Fonda advised that be has no idea what the Denver Water Board will do. but be would be going
to the meding tomorrow morning.
Council Member Wiggias DOlal tbal the .... kman tllat had the article in the paper today had illllialled
tbal be tbougbt ii would ID tbrough. 1lul they IW'C IIIC pulling a lot of articles in die local paper 10 be
imagillcd it would be bcavily #leaded by tllc oppoaall apinst it.
Dim:tor F«-a said yes. 1lul lie dloaglll Higllluds Rudi WOlllcl be dlcn: aad Eaglcwood -.Id be lllcft,
dill be: -DOI 1UR if Linletaa will be: lllclc.
Mr. Wiggins said be _just airious and ifl>im:tor Fonda could llcep Council aincnt be would
apprcciale it.
3. He commcntcd 11111 be: DOliccd an article in die -sp+:a 1111 December 1.,. lllcllll a s..,n:me
Coon ruling tbal ill\'Cllorl had to IClllnl pn,filS drapilc 1aa. 11111 oac article indiclled tllc Fedenl
Banbuplcy Coon upheld u arguacal 1h11 inYCllon -aacivllcd by greed and should have "-8 tllc
scbcmc -fraudulcat bccas of higll nita of rchlnl. He llaled it jusl briDp home die URA silllllioa of
high yield bonds and stuff like tbal. He said lie tbougbt it -quite inlaaling. and if they llcdt a,u,t
remedy OIi tllc thing. be: thougbt they MIC baiting up tllc --, INC.
(iv) Council Melllber Clapp said sllc -woaderiltg if Council ClOUI Fl an updlle
1111 what is going 1111 11 Duncu Part.. SIie advilDd sllc nlCeMd aalllcr pllcl8C call today 1111 1h11 . City
Maaa,cr Clalt advilDd 1h11 tllc lat lie llcanl -dill tllc ~ Scllools -in PCIOlialiw wida •
--.,n,fit cam1y dial WUICd to Id 1111 a day care aaer lllclc. He said tbey will cllcdt aad give Council
an updlle.
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Eac!ewood City C.llcil
J-ary ,, 1997
Pa,:e 15
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Council Member Clapp asked that he also look into whether there is an agreement, what type of
agreement we have amccming our public bathrooms there. And if they rent that building out what would
happen 10 the public bathroom? Do we have to build new ones OI" we would just DOI have any? City
Manager Clark asked if this would be an agreement between the City and the School District. Ms. Clapp
said that is right
(v) Council Member Wqgoacr:
I . He asked if Council au appoinled anybody 10 the EDDA in Council Member Clapp's place. He
said be dido 't think they did. Council Member Hathaway said she thought they bad unofficially
designaled Council Member Waggoner, that it bas been discussed.
Council Member Waggoner said be did DOI think it -au appointed.
Mayor Bums asked if they have a board meeting tomorrow night. Council Member Hathaway advised the
meeting is Wednesday al S:00 p .m . Council Member Waggoner said thal -his undcrslanding.
COUNCIL MEMaER IIAaENICBT MOVED, AND IT WAS SECONDED, TO DESIGNATE
COUNCIL MEMSER WAGGONER AS COUNCIL'S REPRESENTA11VE MEMaER TO THE
EDDA aGAllD.
Mayor Bums DOied thal they are meeting al S:00 p.m. which is DOI their usual time, thal they have Did al
noon fOI" years. but they have ICXXJfflmodalcd Council Member Waggoner's scbcdule by moving their
meeting to S:00 p .m .
Ayes:
Nays:
Abstain:
Molion carried.
Council Members Hathaway, Vonniuag, Wiggins. Habenicht,
Clapp, Bums
None
Council Member Waggoner
2 . c.-:il Member Wagoner advised lie Im UII a~ of COlllplainls fn,m c:itUJcm in his area
lbclUI 1"all:r tasac . He med if _,...laing bas uppeaed al Ille WIii« Plul reccndy. Din,aor Fonda said
IIOl tluit lie --of, but thal lie would dlec:t -it.
Mr. Wagoner med if they can be -.al thal the new impn,vemenlS clown there will talle care of thal.
DiRlCIOr Fonda said that be -sun: they will.
Dirmor Fonda med that when they call Mr. Wagoner with a,mplainls, thal be -* them 10 call in and
the City will mid --out. He said it is imponant to know if it is a local distribution prublem OI"
...cdling they are expc,ialcillg in ICDCQI.
3 . He said one of Ille things tbat came up al the lasl mccting between EDDA. the Chamber of
CommeRle and the City ~ -the Godlic Tllcalcl" prupeny . He advised it -Ille 1CDCQ1
QIIIIICDIIIS tbal all thRJe group& should do wbalcYer they can to pl _,...bing llal1ed al that paniadu
prupeny . And to follow through with a propoal that IOllldlody bad made to EDDA. liace thal -in the
boundary of the EDDA. COUIICil Member Wagoner aoled tbal lie would lillc City Slaft" IO give us a litllc
rq,on on wluil we QUI do OI" how we QUI prumote Ille bcnermall of that prupeny .
City Managcr Clark advised thal we have loobd illlO tbal. EDDA bad pracntcd that to us 1111d al the time
we wen: told by EDDA tluit tluit -IIOl ill tlleir dillrict. So. lie said, we did -pn:li-...y clilc
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E•&kwood City Couacil
January 6, 1997
Page 16
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diligence. There was an intcrcstcd investor, inlereslcd in the property, the person bas no oontrol over the
property or whatever. Then, he noted, the issue came up that perhaps it qs in the EDDA disuict and wc
cbcckcd into it and lasl week wc sent EDDA a letter indicating that it was in their diSlrict . Mr. Clark
Slated that since: they have shown quite a bit of intcrat in it, wc have suggcsacd that they take the lead on
developing the project. He advised that as far as any City involvcmcnt is conccmcd, our prcfcrcna: would
be for EDDA to outline what that would be, perhaps in the form of a proposal or somdhing like that and
then present that to us. In addition, wc have offered to tum over any prdimina,y clue cliligcnc:c
information that wc have on some of the property ownerships in the ua to them.
Council Member Wiggins asked how implosion sounds, as he commented that that is the rottenest looking
eyesore going down Broadway.
Council Member Hathaway asked City Manager Clark to research and make sure that wc dido 't at some
point in time suppon somebody's designation for a biSlorical designation on that site. Council Member
Wiggins opined tbal it is a junk pile . Mr. Clark thought that wc cbcckcd into it and that it did not qualify.
He advised that tbat was pan of our due diligence. tbat wc did some checking to sec if wc could 8CI it
designated. He noted that was within the last thirty to sixty clays and it does not qualify for designation.
Council Member Wiggins said tbat was good.
Council Member Habcnichl said that it is ber Ulldentanding that then: have been • numba of privale
concerns that have been intcrated in acquirillg that property because of the high viability of having an old
theater and doing things witll iL So, die DIiied, sllc disagRa witll Council Member Wiggins that she
cloesn 't think it should be imploded, that is ._. be explored like the depot, that it is one of thole
treasures that this community bas tbat then: IIR people intaaled. She said it is a diamond in the rough
that somebody needs to swt polishing and that anything wc can do to help the private llCClor do that
would be good.
Council Member Wiggins commented dial be bas wn it sit there for eighteen years and nodliDg 1185 been
done. He opined that if all)1,ody -really' siacerdy out then: he would think they would -fonnnl
and really go witll it, that they jUII -to be sitlillg back.
Council Member Habcaiclll said it is tile privale ownership that bas been the SIUmbling block, the CM'IICr
has not wanlCd to pan witll the building. Couacil Member Wiggins Slalcd tbat _,-ta.lb.
Mayor Bums noted they talked about dial • their mecliag and he undenlood tbcrc bas been --
done by EDDA llaff on bmd swapping for pmtwig and so ronh. He said be felt City ManaFs° Clark was
right, that the gendcman docs not have ID oplion, be does not a>atJ01 the property, bul be was talking
with EDDA about having the City aclllally purdlalc pmtwig IO be can make up his mind as to wbclbcr be
wants to bcoomc inleRSICd . Mayor Bums oommenled that that is sort of gclting the can before the hone.
City Manager Clark said be felt tbat if then: is any illlCl'CII with the City, tbat wc think they arc going to
want the City to provide some funding or IOIIIClhing in the realm of land acquisitioa . So, he said, our
feeling is tbat once EDDA bas had a chance to wen with this and if they fed they Wlllll the City to
acquire it or they have tllcir own fwlds dial tllcy ca11 do -land acquisition OUI al tllcir own budti:l .
But certainly , be pointed OUl, then: arc a lot of a,mpeung pn,jccts. allier capital projccls out tbcrc. He
noted that one of the -they gave tbis to EDDA is bccaUle WC have • pmly full plalc and did not
feel WC could give it the allClllioa and priority EDDA call. tlowc\u, ifit is in tile canls tbat EDDA waau
the City to be active in it, from the SlandpoiDI of~. tbca it is imponalll that they put bJF1bcr tile
ncccswy proformas and a proposal to III so t ... wc ca11 wen it into our five year capital impn,l,aDCIII
planning and opcrllling budti:l pruca1.
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January 6, 1997 ··~17
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Council Member Waggoner said he docs not have a problem with that. that he thought one or the
important things they discussed as a group, the people IIICICling n:pracnting the threc groups, was that
this is an important time for the City of Englewood and it is very important that all lhRIC groups wod
togc:tbcr for the bcttcnncnt of Englewood . Mr. Waggoner said he feels it is very important in these times
and ~ any or us can do, he feels it be~ us to wod togc:tbcr and wod togc:tbcr closely on the
c1cvc1opmcnt or any potential project.
Council Member Habenicht said, based on the EDDA and the jurisdiction or where it falls, that this is the
scoood time in the last couple of months that we have had a miSUDdentanding over the appointmeot of
one our ~ that is or is not in the Di5lrict and now we arc liOI sure if the Gothic is or is not in
the Diltrict. She aJIIIIIIClllcd that she is really concerned about tbollc questions. about where the District
lies and that it seems to her that that shoulcl be pmty cut and dried. She said she is a>nfused that this is
the scoood time now that we have had an cmbarrusmcnt of this kind.
City Manager Clarlt said that his ruollcction is that the Diltrict boundaries arc laid out in the ordinance.
He advised that wba& had happened is that EDDA facilitaled a meeting with this investor and he and Bob
Simpson wen: invited to the meeting. At the meeting the EDDA rq,rescatalive lilalcd it was not within
the EDDA District and we aca:ptcd their word al face value, assuming they knew where their District was
and went back and saar1ed ~ on the pn,jccl and we didn't chcc:k the ordinance or the boundaries
ourselves. 1llCn when wc i-nl dlcrc--discussion out of this three party agn,cmcnt that may be
in the District. wc wcnl back and chedlcd it and sun: enough came to the conclusion it was in the DiSlrict
and we were fearful that pcrllaps wc -FftiDg on IIOllld,ndy dsc 's turf and if they were interested in
pursuing it and cCltainly it -• nu:h higher priority to them. So, he said, they clccidcd al that point, in
the spirit of a,opcnlion to hand the pn,jccl over to them and let them take: the lead on this and at some
point they can identify or articulac and Fl a prupoal to the City as to what our role is .
Mayor Bums asked ifwc clarified whether the appointment was a problem or not, for that one member of
the Board. Council Member Habcniclll said she tlloughl it -• problcm. Council Member Hadiaway
thought they had taken him olf and appoinlcd him to Planning and .lolling. Mayor Bums thougbt they
appoiDtcd him to Clean, Green -Proud. Ms. Hathaway said that -ript. he -appoilllCd to the
Clean, Green and Proud Comai&ion Ms. Hlllcnidlt asked if that meaa1 they have a vacancy . Ms .
Hathaway confirmed that EDDA docs have a vacancy.
Mayor Bums said he -DIil sure if it -lllllk:nlood al their ... brakfasl wbcdler he -on or olf.
City Manager Clark advilCd dial they bdicve he is olf, that he. Mike Dilalua is oot qulifiod. He aotcd
they did -chcc:king and City Attomcy Brotzman gave an opinion that lie -oot qualified to be on, so
WC need 10 n:place him .
Council Member Clapp asked ifwc wcn1 back and looked at the Board members and how that is laid out
cunenlly. that they had to be property~ or reside within the District . Or, Council Member
Hathaway advised. have mmc ~ inlerm in the District . City Manager Clarlt thought they had
chcc:kcd cvc,yoac and cvcryonc dlC -okay. City Attomcy Brotzman explained that there is a dual lal
under thal one, that cvcryonc either has to raidc or be a bulinca owacr in that Diltrict ud then there is a
higher tat, •ilmcr they actually own their praper1)' or not . Council Member Clapp asked if they all
qualify . City Attonlcy Brotzman said yes.
Mayor Bums asked if wc arc serving the pcap1c who have applied prmous1y ror a polition to 1ec if wc
~'C other polClllial applicants. City Attomcy Brotzman said that is • good idea. lllat WC sllould pre-
qualify some pcap1c to mac 11111: that that is tnic. c-il Manbcr Hadiaway advilCd 11111 EDDA 11m
always~ them ud ICIII the RlQOPI talion to Cwil. But. shc aotcd. Ilic is aat ~ if
Council has tllll illcludCld in their wmal road of'-nl and CD ·...,. appai•-·· SIie OU od
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Enckwood City C01111cil
January 6, 1997
Pace 11
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that they have not heard anything from EDDA that says they would like 10 R'JCOIIIIDClld the following
people. Mayor Bums poiDled out that they sort of broke with tradition last time when Council appoinlcd a
a,up1c new members. Council Member Hathaway OOIIIIIICIIICd that he said he was iDICrCslcd and they
thought he lived in the Dillitricl. Mayor Bums llalCd they should check and sec if they have qualified
people OD the current list. He said he thinks they have board and a,mmission iDICMeWli coming up again
al the end af this monlh. Council Member Hathaway commented that it might he bcndic:ial 10 mention
that al the EDDA meeting that we need their recommendations.
Council Member Clapp asked if Mayor Bums is still allcllding the EDDA board meetings . He indicated
he attends them if he is available, that right DOW he bas a aJDflic::I OD bis calendar for next Wednesday and
he will sec how that works out. Mayor Bums added that if Council Member Waggoner is the
repracnlalivc that that is the biggest gap 10 fill.
Council Member Clapp asked if they were pg 10 ~ 10 bave Ille medillp widi Ille C11amba-and
EDDA. Mayor Bums said yes and noted that they have lhc secoad one coming up and they will decide
from there how often they need 10 mcct. 11iey might only mcct OllQC a quarter and they might bring staff
in 10 discuss 110D1C more. Mayor Bums advilCd that OBe af lhc lhillp they talked about last time is that
there were a,mplaints afCity Slaff not l'ClpOllding to EDDA when they promilCd 10 and vice versa .
Mayor Bums said he asked if all)body memos any af this ID they make a request and IICl a dale. He
axnmented that nothing appears 10 bave been wrinea . The ag,crmea1 was that they would bave memos
from DOW OD between these entities as to who rcqueslCd what. when and when was it suppolC 10 he
,esponded to. He opined that that pn,mo&cs compliance -thaD anything die. But to bave no record
a( all)body' s request and then a,mplain about it lalcl-is really OOllfilsing when )'OU -coming in from the
outside bcc:ausc you don't know wbdber people bave a,mplicd with a rap.est or not. Eve,ything is oral
and in ever)'body ' s memory . He opined that that is very poor b,ndalion 10 11y 10 keep track of your
requests . The other thing they agra,d to lom into, he advised, is wbdber they can publicize their
cliffcn:at aats, like EDDA C\'mls he publicized in lhc Chamber bulletin and vice versa, so they could
support each other in IIIMltising their particular C\'CIIIS . Council Member Hathaway noted that they used
to do that Mayor Bums said lhc idea is to bcacr lhc rdations between these two entities and that the
brakfasts have been produclive ID far. He thoughl that COIDDNmication and establishing some 11\iSl there
is prublbly wdl _... it • this poilll .
Council Member Wagoner felt that rcally. Ille illllpOl1llll thing was that lhc Chamber finally found OU1
MIil EDDA was about and vice versa . Mayor Burm agreed. BOUDg that it -very intaating, that lie
was very surprised about how lillle these ._ '*.itics really knew about eacb other. He IIIClllioacd that the
new prcsidenl af the Cbambcr al die cllair ol EDDA 11111 _. met and both, he thouglil, bave bccn in
this <XIIIIIIIUllity for a a,uplc ol decades. Council Member Hathaway COlllmellled that they bave just DCYCr
11111 an occasion 10 cross paths, it just 1CCms SlJUF.
4. He said he would guess that • the EXCIClllM Session tonight. Council would flCl a little upda&c
OD liiOIIIC af the things. He comDIC'AIICJCI that it seems like it is about time that they flCl IOldhcr willl llCYCfal
groups and just sct clown and do a IIC8ion about ~dopmcnt ol the aRa ol Cindcrdla City . He IIIICld
he is talking about Clarion. RTD , lhc Council and Equitable. Just 10 sit clown and say wbcR are we ,
•'bcre BR -going and how fast is it going to bappm. He commcaecd that it seems 10 he takiag re.-.
He felt that they should sit clown and have a good lalioll ud a quellion and answer period. He said lie
didn't know how the rest of Council fdt Council agra,d with Council Member Waggoner. Council
Member Vormiuag and Council Member Hathaway IIIICld that it was long overdue
(vi) Council Member Hahcnicbl said she wanted 10 indica&c, in rcfcreace 10 Council
Member Wiggins bringing up South Subwtlln, that she felt it is importanl to ra:opiu how ICalitiYc our
Council is 10 an entity that is in Sheridan in tern. af how ligbtillg alfccts that busi-. SIie was laapcfial
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11111 Saalll s..t.n will be• ..mve to s. aeeds al..-ci,m ·,, ud our ncigllbonoodl wilh -
............ llleir .... is ... ia dlllle ball fields ... S. lipl to-·-aeipbon . ......,.. --..... .....
13 . City .............
(a) Cily W...., a.rt 1 1 1 c.-:il ID i-» Exea.lM Seaioa i ti*'Y
illlowiag .. aqp.larCily c.-:il .... to~ line ----·
Maya.' ... .._ ifdley ..... allDbe 1ili ··-pcnomad w . City~ a.rt llid ••
.... dley lad alaaldy 4lill=-d ii --...,....1 Clloice.
COUNCIL N1'NMW WAGGOND 110¥D. AN9 IT WAS K.CONN8, ,oa COOJIICO. TO
GO INTO awaJTIVS-DIIIIWA'ID.Y IOU.OWING '11m DGUIAa CITY
COUNCIL IID1'ING TO MICUSS TBm DAL IEITATI: IIATn:115.
A,a: c.-:il ...... llldlilway. VOl'lllialg. Wiggias, Habeoic11J. w.....-.aw.a..
Nays: N.-
14 . aey~ ......
CilJ A11Dn1ey ~did .. ave-, .... 10 .... ..._ c.-:il.
15. Mjlai r t
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
JANUARY 6, 1997
7:30P.M.
1. Call to order. f"}:?{_p ~
2. Invocation. W-lt/)r
3. Pledge of Allegiance. /~
4. Roll Call . 7 ~
5. Minutes.
~ '}-0 a. Minutes from the Regular City Council Meeting of December 16, 1996~
6. Scheduled Visitors. (Please limit your presentation to ten minutes.I
a. Mr. Jim Goble, President of the company that owns the Cinderella Twin Drive-
In Theater, will be present to address Council regarding lighting at the
Englewood Municipal Golf Course.
7. Non-Scheduled Visitors. (Pie ... limit your presentation to five minutes.I
/f
8. Communications, Proclamations, and Appointments.
apµI. 7-0
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a.
b .
A proclamation honoring Bob Gallagher, District Attorney for the Eighteenth
Judicial District. Nc:li:~
A proclamation honoring the Englewood High School Pirates Football Team. flt..t&~
9. Public Hearing. (None scheduled)
ff
......... If ,-..... a611111ly_. .... ..._, ......... ,._..., .. Clly .. llF111JIII-III
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City Council Agenda
J-v6,1'97
Pap2
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10. Consent Agenda. / O 1 · ffh,, ;1~ , // j &fJfA17-o ~~4ft= -fr~ cJ-_ _,-Vo \_/
i.
&1t-1
k.J.Jo# ;z ii.
iii.
(!j# ,i._
iv.
Cf>il-'5
v.
CMtf-
vi.
CM/I
Recommendation from the Department of Financial Services, City Clerk's
Office, to adopt a resolution designating the bulletin board in the lobby of
Englewood City Hall as the Official Posting Place for all Legal Notices.
STAFF SOURCES: fr-* Glrglewicz, Dhctar of financial s.vic:es. and
Loucrilhill Ella. City a...
Recommendation from the Englewood Municipal Court to adopt a
resolution re-appointing Judge John W. Smith, Ill. STAFF SOURCE:
T ..... Wolfe. Court Adminiwbator.
Recommendation from the Utilities Department to adopt a bill for an
ordinance approving an Intergovernmental Agreement for water and
sewer service to the Brookridge Shopping Center. STAFF SOURCE:
Stewart H. Fonda. Dnctor of Udldea.
Recommendation from the Utilities Department to adopt a bill for an
ordinance approving a Grant of Easements across the Thomas Plating
property located on South Wnldermere Street. STAFF SOURCE: Stewart
H. Fonda. Dnctor of Ulllliea.
Recommendation from the City Attorney's Office to adopt a bill for an
ordinance authorizing the exchange of property Highlands Ranch
Metropolitan District No. 3, pertaining to Dr. Ohlson and the C-470
Interchange. STAFF SOURCE: Stawart H. Fanda. Dhctar of Ulllliea.
Recommendation from the Department of Safety Services i o adopt a bill
for an ordinance approving an Intergovernmental Agreement for the
sharing of emergency management reaources and rated wvicetl.
STAFF SOURCE: Chris H. OINn, flwogalacy Pl¢•.._ Coo.6 ....
b . Approve on Second Reading. #lrBffAlttNr £1./lf DfJED /Oln · rR!)/11 ~~IJ~
tJ')l.J-3 l1l?hd / __ i./_ ~ouncil Bill No. 60, approving the Brookridge Planned Unit~~
7r w CAJA-Y · H HIIA1d'f) -0
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ii. Council Bill No. 81, approving an lntergov•nmental Agreement with
iii.
Regional Transportation District IRTDI for Light Rail Facilities at the
Hampden Station.
Counci l Bill No. 82, approving an lnt•govemmental Agreement with
Urban Drainage and Flood Control District for improvements to Big
Creek at Windermere Street.
~?-o ~~irrtO(;i;;..i,i
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Gty Council Agenm
lmu.iry 6, 1997
Page 3
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1 1 . Ordinances, Resolutions, and Motions.
a. Approve on First Reading.
JnJ!irrt-
appri?-0
i. Recommendation from the Littleton/Englewood Wastewater Treatment
Plant Supervisory Committee to approve, by motion, a construction
contract for the Phase lb improvements at the Plant. Staff recommends
awarding the bid to the lowest bidder, Centric Jones, in the amount of ~ ~,m,.,-
$16,879,000. STAFF SOURCE: Stewart H. Fonda. Director of Utilities., -~,.,,
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Recommendation from the Department of Administrative Services to
approve, by motion, a bid award for phone switch equipment. Staff
recommends awarding the bid to the low bidder, Lucent Technologies, in
the amount of $450,273.22. STAFF SOURCE: Perry Movick, Manager of
Information Services.
b. Approve on Second Reading.
12. General Discussion.
a. Mayor's Choice.
· fbl. AHo/J.. ill.RJJ~ __.(_J1H*I/E.1 W/J~/~ ,._ F/Jol)) ~ iia:i/J {p-o-/ Request f~r authorizatio+o travem Washington, DC for the Presidential
{JlrtAtAJ. S/,/.~ J Inauguration.~~
b. Council Members' Choice.
~~ 3 i. A Resolution specifying Aid to Other Ag~ncies for 1997. ~
«ffd?-D ~to-o-1 ~/1../Uv-~~tr@o.f
13. City Manager's Report. (/11,g'I/~: /1/~0All=L.)
Recommendation to go into Executive Session immediately following the
regular City Council meeting to discuss three real estate matt .. aM 1111•
11e,e111Ael m•u. ~
14. City Attorney's Report.
fr
Adjournmer,}:. [:'fo .fa-
The follow=~• transmitted to City Council between 12/15/96-01/02/97:
• Englewood Liquor Licensing Authority meeting of November 8, 1996
• Englewood Planning and Zoning Commission meeting of November 19, 1996
• Englewood Housing Authority meeting of October 30. 1998
• Englewood Urban Renewal Authority meeting of July 11 , 1996
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PUBLIC COMMENT ROSTER
AGENDA ITEM 7
NON acNal.• ED Vl8ITOR8
DATE: JANUARYl, 1117
NON-SCHEDULED VISITORS MAY 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 ADDRESS TOPIC
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PRO C LAMATIO~
WHEREAS . Ro be r t R. !Bob ) Gall agh e r Jr. was e le cted Di s tri ct Attorney of t h e
Ei ghteenth Judi cia l Di strict , e n co mpa ssin g Arapah oe , Doug las, Elbe rt a nd Linco ln
Co unti e s , in 1968 a nd 1s r e tiring a fte r 28 year s of service , ove r seeing an offi ce which gre w
fr om a tita ff of 11 to t h e pre sent staff of 180 as the a r e a became m o r e urban a nd co mpl e x ; and
WHEREAS. befo r e becoming Di strict Attorney , Bo b Gallagher was in the private
p ractice of la w in Englewood , a part-time As sistant City Attorney of En g le woo d. a nd a part-
time ;vtunicipa l Jud ge of Gree nw oo d Village; a nd ;
WHEREAS, Bo b Ga ll agh e r has co n s ist e ntly mainta in e d a hi g h rega rd fo r
co mmunity values a nd h as earne d th e respect of a ttorn ey within t h e Di st ri ct Attorn ey's
offi ce of t h e Eighteenth Judicial Di. tnct . within othe r Co lorado Di stri ct s, as we ll as d e fe n se
atto rn eys , a nd
WHEREAS , Bo b Gall agh e r h as the re putation of be in g h on est with the public and
d oing wh a t is ri g ht .
~O W THEREFO RE , we, Th om as J . Burns. '.\fa yo r of t h e C ity of Engle woo d .
Co lo r a d o, a nd :vl e mbe r s of En g le woo d City Co uncil. h e r e by proclaim our ad mira ti on fo r
Bob Gallag h e r on be h a lf of ourse lves a nd the res id e nts of the C ity of En g le woo d .
G IVE~ und e r our h a nds and seals thi s 6th day of January. 19 97 .
Ke ll s W agg
Dt·E. ~ ~ ly d e W iggi n s
'{' Pr.nt eo on Ae cyc ed Paoer .
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PR OC LAMATI ON
WHEREAS, t h e Eng lewoo d Pirates we r e fir ed up a nd worked h a rd this season .
und e r Coac h Randy Pe nn : a nd
WHEREAS , the Pirntes we re undefeat ed in co n fe r e nce and broug ht hom e a
ch a mpi o n s hip banne r : a nd
WHEREAS . thi s was t h e Pirates' fir st footba ll co nfe re nce titl e in fo ur decades. the
last to win league champion s hip be in g the tea m of 19 56: a nd
WHEREAS. t he Eng le woo d Pirates a r e champi on s a nd have a ri ght to be proud of
the ir acco mpli s hm ents t h is season :
:,,./OW THEREFORE . we. Th om as J . Burns. Mayo r of the C ity of Engle woo d .
Co lorad o. a n d Me mbe r s of Englewood C ity Co uncil. h er e by procl a im our s upport a nd
co ngra tul ation s for the 1996 Pira t es F oo tball T eam.
G IVE:,,./ under our hand s a nd seals this 6th day of J anu a r y. 1997 .
dtu«·~ La un C lapp
Alexandra Hab,mi cht . :\layo r P ro Te rn
C ly d e Wi gg in s OJ -
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Replar Seaioe
December 16, 1996
1. Call to Order
The regular meeting of the Englewood City Council was called to order by Mayor Bums at 7:30 p .m .
2 . bwcatioll
The invocation was given by Council Member Wiggins.
The Pledge of Allegiance was led by Mayor Bums.
4. Roll Call
Present:
Absent:
A quorum was present.
Council Memben Hathaway, Clapp, Wiggins, Habenicht,
Waggoner, Bums
Council Member Vonnittag
Also present: City Manager Clark
5. Miala
City Attorney Brotzman
Deputy City Clerk Castle
(a) COUNCIL Ml:IDltR IIA111AWAY MOVED, AND IT WAS SIECONDU, TO
APPROVE THE MINUTES or TIIE UGULAll MUTING or DECEIDI.R :Z. 1"6.
Ayes : Council Members ffalllaony, Wiaim, Habenicbt
Wagoner. Clapp, a..
Nays : No.
Ablenl : Council Member Vormitla&
The motion carried.
6. Sdiedllled Viliten
a) Ann Nabbolz. Cbairpenoa of the Cleaa, Grcca and Proud CCMDmiaion, -Pft:ICIII IO
an-.cc tbc 9* Annual Eaai-oc,d Holiday Liptiq COlllal winncn.
Mayor Bums plaenlCd tbc Mayor's Choice AWMI IO tbc Miller-Barps Family, 4104 Soudl S11crma
Street. He rccopized that tbc family CMl'CUIC ad\'cnity to participate in dlis year's c:ompc1itian, bavina
bad a p,a,c fire eulier tllis year dial .....,,_ lllOll of tlleir clec:oraliona. l>aple llaviag to bq:in apin,
be Slid, Ibey bad tbc ddcnnilllbon and pcnMnllCC to CIIICr tbc COIIICll and be cxpn:acd plcaaarc ia
praenliq tllem with tbc award.
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Englewood City Council
December 16. 1996
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Ms. Nabholz thanked everyone who participated in the Holiday Lighting Contest. She presented the
following awards :
Richard and Alice Klocwcr
4990 South Elati Street
Randahl Headley
43 IS South Lipan Street
Joe Ostrowski
407S South Washington Street
Pctmanson Family
3918 South Elati Street
Dwight and Ellen Latham
2971 South Emerson Street
Steve and Leslie Ward
422S South Sherman Street
Rich and Peggy Cole
3017 South Pennsylvania Street
Ken Swaim
390S South Logan Street
Mark Greiner
287S South Delaware Street
Honorable Mention : AnBlom
Lifetime Holiday Spirit Award
Christmas is for Children
Most Unique Lighting Display
Best Christmas Display
Best Holiday Display Using Recycled Objects
~swcct"est Holiday Display
A Santa Celebration
Celebration of the Season A ward
Ligbls. Ligbls. Lights!
Bo and Deana Wada:k
Ken Ldl'
4S60 South Sherman Sleet
4415 South Grant Sleet
350 East Bcllcwood Drive
3112 WCll Moamoudl Aveauc
3911 South Delaware Sleet
3444 South Broadway
Mary Flac:k
Mary Schlllnc
Ultra Legs Halicry
William Si.-toa 2911 South Cherokee Sleet
Ms. Nabholz extended special thanks Carol Wekh of Ultra Legs Hosiciy for being the fil'II business on
Broadway to enter the competition .
b) Water Trcauncnt Plant Technician Don Coatman presented to the City a momento of his
rc:cent trip to Russia . Mr. COlllllaD said he became involved with the project for the Enviroamental
Protection Agency (EPA) bccausc he worked for 1h11 qcncy prior to his employment with the City of
Englewood. He went to Russia with the EPA in a pilot lludy to help a typical Russian City privatize their
infrutructurc. panicularly the water syslem. Thclc people. he said, were told what to do and bow to do it
for many years. so put ol the project involves helping the citizens lcam to think for lhalalva. On
behalf ol the citizens of Nizbnii Tagil, Mr. COllllllD p,aented I tray whicb WIS hand paialed by local
artisans there. Having gone to Ruaia three times -· he aid his ..ext trip ii IChedulcd for the end of
March or the fil'II of April to imtall a wllolc new cblorillllioa system for them.
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Englewood City Council
December 16. 1996
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Mayor Bums suggesled that a picture be taken of the pn:senlalion at a later time so that Mr. Coatman can
take it back for the Russian people to see.
Council Member Habenicht suggested putting the tray on display in the Library for the community to
enjoy.
7. Noa-teheduled Viliton
There were no non-scheduled visitors.
8 . c ... ualcationa, Procl-ation1 ud Appol"'-"
There were no communications, proclamations, or appointments.
9. l'llblic Beariac
No public hearing was scheduled before Council.
IO . coe-, Apda
COUNCIL MEMBER BA TBA WAY MOVED, AND rr WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (a) (I) THROUGH (v) ON mtST READING.
(a) Approve on First Reading
(i) RESOLUTION NO . 97. SERIES OF 1996
A RESOLUTION APPROVING COMPENSATION PLANS FOR MANAGERIAL, SUPERVISORY ,
CONFIDENTIAL. UNCLASSIFIED ANO PART-TIME BENEFITS-ELIGIBLE EMPLOYEES OF 11iE
CITY OF ENGLEWOOD FOR 11iE YEAR 1997 .
(ii) COUNCIL BILL NO . 12. IJomlODUCED BY COUNCIL MEMBER
HATHAWAY
A BILL FOR AN ORDINANCE AU11K>IUZING AN INTERGOVERNMENTAL AGREEMENT
ENTl11..ED "AGREEMENT REGARDING CONSTRUCTION OF DRAINAGE AND FLOOD
CONTitOL IMPROVEMENTS ON BIG DRY CREEK AT WINDERMERE, CITY OF ENGLEWOOD -
UDFCD AGREEMENT NO. 96-to .os .· BETWEEN 11iE URBAN DRAINAGE AND FLOOD
CONTitOL DISTRICT AND TifE CITY OF ENGLEWOOD, COLORADO.
(iii) COUNCIL BILL NO . 11, IJomlOOUCED BY COUNCIL MEMBER
HAIBAWAY
A BILL FOR AN ORDINANCE AUIBORIZING AN INTERGOVERNMENTAL AGREEMENT
ENTl11..ED "CITY OF ENGLEWOOD PROJECT AGREEMENT WITH RTD FOR TRANSIT
FACILITIES AND PARKING SPACES TO BE INC0RP0RA1E> INTO TifE REDEVELOPMENT OF
COMMERCIAL REAL ESTA TE NEAR HAMPDEN AND SANTA FE (PRESEl'ITL Y REFERRED TO
AS CINDERELLA CITY)" BETWEEN TifE REGIONAL TilANSPORTATION DISTRICT (RTD) ANO
TifE CITY OF ENGLEWOOD, COLORADO.
(iv) RESOLUTION NO. 91. SERIES OF 1996
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A RES0Llm0N APPROVING 1HE SUBDIVISION OF PROPER1Y LOCATED IN 1HE 2SOO
BLOCK OF WEST UNION A VENUE AND APPROXIMA1EL Y 600 FEET TO TifE SOUTH OF WEST
UNION A VENUE, MORE COMMONLY KNOWN AS 1lfE CANFIELD SUBDIVISION.
(v) RESOLlmON NO . 99, SERIES OF 1996
A RESOLlmON ADOPTING A LIST OF PERSONS FOR APPONIMENT AS HEARING OFFICERS
FOR DISCIPLINARY GRIEVANCES .
Vote realll:
Ayes :
Nays :
Absent :
Council Members Hathaway, Wiggins. Habenicht,
Waggoner, Clapp. Bums
None
Council Member Vonnittag
The motion carried.
COUNCIL MEMBER BA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEMS 10 (b) (i) THROUGH (iv) ON SECOND READING.
(b) Approve on Second Rclding
(i) ORDINANCE NO . 68, SERIES OF 1996 (COUNCIL BILL NO. 6S,
INTRODUCED BY COUNCIL MEMBER HATIIA WAY)
AN ORDINANCE APPROVING TifE REZ.ONING OF 1HE ENGLEWOOD MERIDIAN PROPER1Y
LOCATED AT 34SS SOU11f CORONA STREET, CURREN11.Y ZONED IN TifE R-3 DIS11UCT, TO
A PLANNED UNIT DEVELOPMENT.
(ii) ORDINANCE NO . 69. SERIES OF 1996 (COUNCIL BILL NO . 73.
INTRODUCED BY COUNCIL MEMBER WIGGINS)
AN ORDINANCE AMENDING Tl11..E 12. CHAP1B 18. SEC110N 7, OF THE ENGLEWOOD
MUNICIPAL CODE I 98S PERTAINING TO RESTRIC11NG THE NUMBER OF USERS ON ANY
ONE WATER AND SEWER SERVICE .
(iii) ORDINANCE NO. 70, SERIES OF 1996 (COUNCIL BILL NO 74 .
INTRODUCED BY COUNCIL MEMBER HATIIA WAY)
AN ORDINANCE APPROVING SUPPLEMENT NO. 20 TO THE VALLEY SANITATION DISTRICT
CONNECTOR 'S AGREEMENT Willi TifE CllY OF ENGLEWOOD TO INC.UDE ADDmONAL
LAND WITIDN 11fE DISTRICT BOUNDARIES .
(iv) ORDINANCE NO . 71, SERIES OF 1996 (COUNCIL Bll.L NO 7S,
INTRODUCED BY COUNCIL MEMBER HATIIA WAY)
AN ORDINANCE APPROVING SUPPLEMENT NO . 129 TO 11fE SOlmlGATE SANITATION
DISTRICT CONNECTOR 'S AGREEMENT Willi THE CllY OF ENGLEWOOD, COLORADO FOR
1lfE INO.USION OF LAND WJl1ilN TifE DIS11UCT BOUNDARIES .
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Englewood City Council
December 16, 19%
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VotereRltl:
Ayes :
Nays :
Absent:
The motion carried .
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Council Members Hathaway, Wiggins, Habenicht,
Waggoner, Clapp, Burns
Nooe
Council Member Vormittag
11 . Onliauca, Raollltioa1 ud Medeln
(a) Approve on First Reading
There were no additional items submitted for approval on first reading. (See Agenda Item IO -Consent
Agenda.)
(b) Approve on Second Reading
(i) Mayor Burns stated that this is an opponunity for Council to comment on the
Public Hearing of December 2, 1996 and any other input Council Members wish to give on Council Bill
No.60.
Council Member Hathaway stated that she will be voting apiDII this Planned Unit Development based
upon the comments at the public bearing, and the rclalivity of the complex to the neighborhoods and the
Brookridge Shopping Center. It bas DOl been ~ to her, she said. that this is the best use for this piece
of ground.
Council Member Waggoaer aid he will alto be voting apillll it unless tbcrc arc some significant changes
or restrictions placed upo11 lhc prapeny .
Council Member Hatbnay lt3led 11111 lhc Mllid 181111c lhc macion just to gel it OD the table: for discussion .
COUNCIL MEMHR HATHAWAY MOVU. AND IT WAS SICONDED, TO APPaOVE
AGENDA ITEM NO. 11 (')(I)· COUNCIL 8ILL NO. a
COUNCIL Bll.L NO . 60 . INTllOOUCED BY COUNCIL MEMBER HA 11iA WAY
A Bll.L FOR AN ORDINANCE APPROVING TitE REZONJN(j OF TitE BRCX>KRJDGE SHOPPING
CENTER LOCATED ON 11iE SOUTHEAST CORNEil OF BEU.EVIEW AND SOUTH BROADWAY
IN llfE 5100 BLOCK. CURREJtnl. Y ZONED B-2, BUSINESS DISTRICT TO A PLANNED UNIT
DEVELOPMEJllT.
Council Member w...-, offered -, 1 ••• to leCtioa a-OD Ille lill of ratridioas. He aid he
would lillc to w Ille ICdlac:k on die caa side of die • elapw111 ha\'C no laa than a fifteen foot
landscaped bufl'er . Abo. alolla die prupcny lillc •die_. side of die cladopmenl, from Bdlevicw to
CcDICDllial A-. be -.Id lillc • eipa ilat bip. clnublc sided. wood fence . By double sided. he aid.
he ii refcrrillg to a rcacc tllll is fillillled OD bodl lldls.
C1arifyiq for Council Manber Hlllllway, Mr. W ....... aid die ICdlac:k cloa DOI apply lO die
Centennial Avcw lidc, only die .. side oldie deulaf acpceal lO die prupcnia.
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Englewood City Council
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Continuing with his proposed amendments. Council Member Waggoner asked that the open hours of
operation be restricted to 7:00 a.m . IO 9:00 p.m. seven days a week and that on-strc:ct parking on the north
side of cast Centennial Avenue be prohibited. City Attomcy Brolzman staled that the lalter would be a
City function . Mr. Waggoner asked if we do DOI need it then. IO which Mr. Brotzman rq,lied that we do
not, but their instruct.ion to staff would be IO prohibit parking on that side. Mr. Waggoner asked if it can
be put in the PUD that the clneloper undcntands that parking ratrictiom will be placed on the north side
of Centennial Avenue . Mr. Broczman responded affirmatively. Council Member Hathaway asked if this
would become pan of the PUD for sure. Mr. Broczman said that it would notify them that there are going
to be parking restrictions and the Slaff will take affirmative steps IO do that.
Council Member Waggoner continued, staling the additional amendments would restrict the use of the
buildings IO storage, and that there will be no rental or retail of any type that takes place from out of those
buildings. Council Member Hathaway asked if that would include the sale of boxes IO tenants. Mr.
Waggoner said he is more concerned with the operational aspect ol the storage units and DOI necessarily
the office . He said he has no problem with the sale of boxes, as long as someone does DOI set up a
business in one of the storage units.
Council Member Hathaway asked if the foregoing should be put into the PUD . Mr. Brotzman said the
real question is whether Council is modifying the sixth condition, which restricts the units to storage only .
Mayor Bums agreed that the restriction is already in there .
Mayor Bums advised that Council is looking at a list of suggested issues from the Planning staff, and
commented that some of them dovewl with Council Member Waggoner's amendments. Council Member
Waggoner repeated his amendments • being a fifteen fooc landscaped buffer along the east side. a double
sided, eight foot high. wood fence , and restriction olthe hoursolopention to 7 a .m. to 9 p.m.
Council Member Habenicht said she would laXllld Council Member Wagoaer's amcad!WDl•.
Ma)'OI" Bums asked how much paler the IClback wou1d be than that originally propolcd. Council
Member Wagoner n:spondcd thal it would add anodler me feel . Mayor Bums asked WUl tbal wou1d do
IO the inlernal layout Mr. Wagoecr n:spondcd tbal the original plan did DOI include a lenchcaped buffer,
although there was I buffer that was noc lenchcaped .
Mayor Bums said he did nae "-why a feaa: wou1d be acceaa,y on Ccntcnnial bccallle the bailding is
there and that is larger than the fence . Council Member Halhaway commented that some units bM'C a
wrought iron fence even along the buildings.
Council Member Wiggins asked for clarific:elion B to why there wou1d be an eight fOOI fence and fifteen
feet ollandlcaping between the fence end the buildiap. Mr. Wagoecr said it wouldjull add some
enractiveness to the property. Mr . Wigins n:spondcd that the fence wou1d pRYCIII anyoac from ICICing
the landlcaping.
Council Member Hathaway said it mipl make more -to bM'C the ludlcape buffer 11ar1 11 the
pn,pcny line and go fifteen feet inward ad thca bM'C die eipl fool feaa:. Couacil Member Wagoner
Slid there -a concern about none end he said he -11111 -that jull the faioe wou1d ralrict the
noise 10 eny extent .
Mayor Bums said the buildiaa wou1d be a -..rily bdr 11111 IIUd ny a feaa: would CW11 be aa:mery.
Council Member Waggoner n:spondcd that ii would.;. be I viaal llplCl for the ICipboltlDod. He
opined that the fence jull loou bcacr tha bue CCIIICftlc . Couacil Mealier Habeaidll llllled dill It ii
mon: ol I IOCllrily thing. Mayor Burns llid die buildula is bigcr 111111 eay feaa: ad expreaed CIOIICCnl
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Englewood City Council
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that trash would accumulate there. He asked if a fifteen foot buffer would reduce the number of buildings.
Cooncil Member Hathaway felt it would because there is currently only a ten foot buffer proposed on the
cast side .
Council Member Hathaway said if you drive down around Brookridgc:. you would sec that most of the
propc:nies have some type of opaque fence, so she said she would question the fence, also. Council
Member W aggonc:r said he was really kdring at, on the residence: side. on the property line:, an eight foot
high, double sided wood fence, and bc:tMicn the buildings and the fence, a landFCapcd area. Mayor Bums
asked if that would replace: the fences the homeowners have . Mr. Waggoner said. if the dc:vdoper puts up
a fence within six inches of the property line:, the homc:ownc:rs can do wtw they want wilh their fences .
Council Member Hathaway fdt lhat, bec:aule of the topography on the soulh side, C\'CII if you put up an
eight foot fence, some of those rcsidc:nce fences will be higher. The wall along that lidc:. from norlh to
south. tends to get deeper at one end. Council Member Waggoner said that they a,uld lc:a\'C their fence or
take it down then.
Mayor Bums asked. if the fence is within six inches of the property line:. how the iDlcmal landscaped
buffer will help. Council Member Wiggins said. and Mr. Waggoner agn,ed. that it would be a noise
buffer. Mr. Wiggins said he a,uld go along with the fc:ncc and stay wilh the ten fOOl buffer. opining that
ftve feet would DOC make that much diffc:rc:na:. He said he wanted to be sure that ftrc trucks could still get
through the drive. Ms. Hathaway added that the aumi1 buffer is no1 landscaped it is just asphalt.
Council Member Habenicht offered. as a friendly amcndmnM.. lhal there be an eight foot fence with a ten
foot landscaped buffer. Council Member Wagoner aa:cpled.
Mayor Bums noticed that the Slaff rec:om--*d lhal the ~ of ...... 1111( be l'Cllriclc:d. He asked if
this is the industry Slandard. Council Member Hadlaway _... dlll it vuic:s wilh the localion. Some
of them arc open twenty-four hours but lholC tend to be in indmuial aras and aR lillly lit twenty-four
hours a clay .
Council Mc:mbcr Wagoner allCl1Cd 1h11. siac:c this is IICXl to a raidenlial acigbborhood., there should be
no problem with rcsuicling hours to 9 :00 p.m. Council Member Wigins said there is nothing to keep
them from coming back and n,qucsliag a clwlgc in the hours II a later~ if there is a problem. City
Attorney Browaan concurred. He ldvillCld that staff will allllOl1 always rccommc:ad no restriction on
hours because they try to a,,oid all blue laws. The applic:aal. he added. does DOC have a problem wilh the
hours restriction.
Council Member Clapp said that. after a period of time, wood can look pretty bad. She said she docs DOC
know if concrctc: is cheaper. but she has seen some really attractive: CODCrclC and. as Car as noise . that
might be better. She said it was just I thought.
Mayor Bums Slalcd that the staffruom_...ions IIOtc _.. of the n,com---ions-to be DOCed
on the PUD . He a.<.kcd if that saq, is lleCICIAIY in addition to w11a1-ra:ommcaded ia the ordimace.
City Attornc:y Bromnan said it is beacr to have it on the PUD because you ablolurcly scc: it on the PUD
that way. Mayor Bums asked if it would be appn,priatc to ruommend 1h11 thex staff l'CCOIIUIICllda
be adop(cd. cxa,pc whc:rc changed by other motions, rather thaa piing through them one by one . City
Attorney Bromnan concurred.
Mayor Bums asked if the amend_..,, a,uld be read apia.
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COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO AMEND
COUNCIL BILL NO. '8 BY INCLUDING UQUIIIDo:NTS JOa A TEN POOT,
LANDSCAPED BUFFER ALONG THE EAST SIDE OF TIR DEVELOPMENT WITH AN
EIGHT POOT, DOUBLE smED WOOD nNCE ALONG TIR EAST smE OF THE
DEVELOPMENT, AND OPERA TING BOUIIS aa1'alC'nD TO 7:91 A.M. TO 9:tl P.M.
SEVEN DAYS A WEEK.
Ayes:
Nays:
Absent:
The motion carried.
Council Members Hadlaway, Wiggim. Habeaicbt.
Wagoner, Bans
Council Mclllbcr Clipp
Council Mclllbcr VMmiaag
Mayor Bums said. referring to the staff' recommendalioas that were passed out to Council before the
meeting, that we don't need to include recommendations that have already been included in motions.
Council Member Hathaway asked if items six and seven should be included since they are regulated by the
City and PUC. City Attorney Brotzman advised that it would not be necessa,y, but that. particularly item
six regarding parking on the north side, could be included if Council so desired. Council Member
Waggoner said be thinks it should be noted on the PUD that it is understood.
MAYOR BURNS MOVED, AND IT WAS SECONDED, TO AMEND COUNCIL BILL NO. 60 BY
ADDING TO THE PUD THAT THE SETBACK ON THE EAST smE OF THE DEVELOPMENT
SHALL BE NO LESS TRAN 10 RET, SETBACK ON THE EAST CENTENNIAL A VENUE
smE SHALL BE NO LESS THAN I FEET AND LANDSCAPED AS SPECIFIED BY PLANNING
COMMISSION RECOMMENDATION NO. I; THAT THE GATE ENTRANCE BETWEEN
BUILDINGS I AND I ON EAST CENTENNIAL AVENUE SHALL 81 WROUGHT IRON OR
AESTHETIC EQUIVALENT; THE RNCES BETWEEN 8UILDING 10 AND 12, FROM THE
NORTHEAST CORNER OF BUILDING 12 TO THE EAST PROPERTY LINE AND THE
SOUTHEAST CORNER OF 8UILDING I TO THE EAST PROPERTY LINE SHALL BE SIX
FOOT CHAIN LINK; LANDSCAPING ALONG THE EAST CENTENNIAL A VENUE smE
SHALL CONFORM TO THE PLANNING COMMISSION RECOMMENDATION CONDmON
NUMBER I AND AT LEAST !!0% OF THE SHRUBS SHALL BE AT LEASTS GALLON SIZE;
THE PLANNING COMMISSION RECOMMENDATIONS. CONDITIONS NUMBERS I AND t,
SHALL BE NOTED ON THE PUB; AND TO INCLUDE IN THE PUD THAT PAUING WILL
NOT BE ALLOWED ON THE NORTH smL
Ayes : Council Members Hadllway, Wiggins. Habenicht.
Nays :
Absent:
The motion carried.
Waggoner, Clapp. Bums
None
Council Member Vonnittag
Council Member Habenicht asked if we are expoling ounma to -liability resulting from the
owners ' objections to the devdopment. City Attorney Broczman said we oould be named in a law suit.
and, yes. the lessees have a ligniflCallt intcn:ll in the propcny to carry forward a PUD , bu& the litipaion
that might result would be between the lcarc bolder and the ree holder . Although they may bring us into
that litigation. it is actually a light between thole two panics on how the lcarc is llnlCIUred and how they
are reading the lease. Mayor Bums added that if tbcy file an actioe and .. a IClllpOlaly iaanining order
against the City. the City would limply be enjoined lllllil mc:11 time• the coun ruled on their lcarc. The
City will esaentially be a lpCCWOr. he said. and await the decision al the COIIII.
Council Member Hathaway liked if that would *'P the buildiq o(this •ongc unit. Mr . Bnitman said
it would if they goc an injunction .
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Englewood City Council
Dc:a:mber 16, 1996
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Vote raalll • die eripull aedN to approwe Coucll BiU Ne. '8, • __..:
Ayes : Council Membcn Wiggins. Habcnicbt,
Waggoner, Clapp, Bums
Nays : Council Member Halbaway
Abscnl : Council Member Vorminag
The llllllioa c:arried.
(ii) Mayor Bums mlCd thll be will abllain from wting OIi this lllllltCr because be
is the Cbairmu of the Housing Authority.
COUNCO. MEMISER HATHAWAY MOVED, AND IT WAS SECONDED, TO Al'PllOVE
AGENDA ITEM 11 (') (II) ON SECOND READING.
ORDINANCE NO . 72, SERIES OF 1996 (COUNCll. BILL NO 76, INnODUCED BY COUNCIL
MEMBER HA111A WAY)
AN ORDINANCE APPROVING 11fE SALE OF FIVE CITY OF ENGLEWOOD PROPERTIES
LOCATED AT 3400, 3410, 3420, 3424 AND 3428 SOlJ11f SHERMAN STREET TO 11fE
ENGLEWOOD HOUSING AU11f0RITY .
Council Member Hathaway commented thll lhis wu praenled to the residents at Orchard Place. we have
a copy of the plans and IIIOll of them arc thrilled so far. She fdl the comment sbcets wen: a nice gcslWC.
Ayes :
Nays :
Abllain:
Abaenl :
The llllllioa c:arried.
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(a) Mayoi's Choice
Council Mcmbcn Hathaway, Wiggins. Habenicht.
Wagoner, Oapp
None
Mayor Bumi
Council Mcmllcr Vormiaag
Mayor Bums did 11111 have any mallelS IO briDa beilR Council .
(b) Council Member's Choice
(i) Council Meaer Hldlnlly
I . COUNCO. MIMISU HATHAWAY IIIOYKD, AND ff WAS UCONDltD, TO TUU
AGINDA rnM 12 (') (I) -COUNCU. aD..L NO. "· UNTIL ruaTIIUl NOTICI.
Aycs :
Nays :
Abaenl :
Tbc llllllioa c:arried.
Cami Mellbas llllllawly, Wigia, Habeaic:hl. w....-. Clapp. a..
None
Council Mcmllcr Voraiall
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2. Sbe wished everyone a Happy Holiday S-0.
(ii) Council Member WigiM wished everyone a Mary CluillmK
(iii) Council Member Clapp wished everyone a Mary Cluiltnm.
(iv) Council Member Wagoner o&ral holiday peetinp in Hawaiian.
(v) Council Member fflbenicbt o&ral holiday peetinp in aer-.
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(a)
Report.
(b) Mr. Clalt staled tbal U.-ii DO Study Smioa scbeduled for next Monday night.
14. Clly Anlnef'• ~
(a) City AUomey Bl'IIIZlmll did not haw any maaen 10 bring before Council and wished
everyone Happy Holidllys.
15 . ~
COUNCIL MEMSD BATIIAWAY MOVED TO ADIOUaN . Tbc meeting adjouraedll 1:22 p.m.
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January 6, 1997
SUBJECT: Light spillover onto drive-in theatre screen from
Englewood Golf Course driving range
CONTACT: FUNTIME DRIVE-IN THEATRES, INC.
5200 E. Colfax Ave.
Denver CO. 80220
Jim Goble, President
Phone 333-6625
Immediately upon lighting of the driving range lights after their
relocation, a bright reflection from them was noticed on the
north movie screen of the Cinderella Twin Drive-In Theatre by
patrons and theatre management. Conversations were held between
theatre and golf course personnel resulting in apparent efforts
to minimize the problem. Experiencing increasing patron
complaints, theatre management wrote a letter to golf course
management in the Swmner of 1995. They received a response in
the form of the enclosed September 1, 1995 letter from Michael
Pickens.
United Artist Theatre Circuit, Inc. was leasing and operating the
theatre at the tiae but did not pursue the problem further as
they were negotiating to terminate their lease, which occurred on
March 5, 1996.
On that date, the theatre lease was assumed by FURTIME DRIVE-IN
THEATRES, INC. which illaediately pursued conversations with golf
course manager Bob Burgener. These conversations resulted in the
lights being modified in a way which reduced glare on the movie
screen by about 25%. The modifications were completed by
approximately May 31, 1996.
On June 4, 1996 FURTIME President Jia Coble called Mr. Burgener
to inform him that patrons were still complaining frequently.
Mr. Burgener told Hr. Coble that no further modifications could
be made to the lights.
On July 8, 1996 FURTIHE attorney John Hyles formally notified the
Englewood City Manager of the problea. On August 14, 1996, a
letter from the Colorado Intergovernmental R.iak Sharing Agency
notified Hr. Hyles that Englewood could take refuge from the
problem under the Colorado Covermaental llllllWlity Act.
Pap l of 2
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The problem continues during golf season·. Many theatre patrons
have experienced the problem on previous visits. Those who do
choose to return to the theatre often express disarpointment when
realizing the movie they wish to see is on the a fected screen.
Others, &efore being told that their movie is on the north screen
will ask "It's not on THAT screen, is itT" and make reference to
the light problem.
Patron complaints have been handled by givin& free passes to
return to see a aovie on the unaffected south screen. Also,
patrons are asked to coaplete a coaplaint form. Approximately 70
such complaints are included in thia packet. Tbe majority of
complaining custoaers will not take the ti.lie to coaplete a form,
apparently feeling it i8 a further illposition on their already
disappointing evenin&. Therefore, these 70 written coaplaints
represent a very saall fraction of our patrons who are impacted
by the problem. ·
POSSIBLE SOLUTIOll: On the next page is a schedule of our show
starting times. We wonder whettier the costs of operating the
lights as well as other overhead required to keep the driving
range open past our show ti.lies is offset by driving range
revenues. Perhaps close scrutiny of your costs vs. revenues at
these late hours might s~eat closing the driving range earlier.
Further, turning the U.ghts off iaaediately at closina and
delaying golf ball retrieval until aorning would reduce • lights
on" time by 45-60 minutes each night. ·
We appeal to your sense of integrity, fairness and neighborliness
to open a dialogue with us toward a solution to tb:is serious
problem.
Sincerely,
FUllTlHE DllIVE-Ill TIIIATUS, IIIC •
.Jim Coble, President
Paa• 2 of 2
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1997
Cinderella Twin Drive-In Theater ; Show Start Times.
•
J -• II T w T • • All Month = 7:00 • • • 7 • • ta 11
11 ti •• 11 ti 17 ta
1• • Zt a a .. .. -ff .. -• It
a II T W T P e
Start Tune,,; 7:30 • I
Start Tigg= 7;45 tt ti
Start Time = 8:00 ti te
Start Tw = 8:lS u •
ff --•
J
• II T w T • •
§tart Time = 9:JO • •
Start Time = 9: IS 11 ti
Start Time= 9:lS ta t•
Start Time =-9: 10 • •
ffMnMat
Octuer
• II T w T • • All Month= 7:30 • • a T • • ta 11
11 ti M ti ta t7 ti
18 • It -a .. • • ff • -M 11
,_:...._,
• II T w T • • All Month = 7:00 1
I I • • • 7 • ••• tt ti ti M 11
t• 17 ti •• • It •
D .. -• ff •
a II T W T P I
Start.Tillle = 1:30 1 1
Start Die =-1:@ • 1•
Start Die = l:SO t• tT
Start TilllC = 9:00 D M
Start ])pe = 9:00 • 11
a
• II T w T • •
Start Tilue = 9:00 1 I
Start Tillle • 8:9 • •
§!IE! Time -8:@ 18 M
St11:1 Iim = l;H • D
st1 rt Tiae = 8;H • •
at ..... ~.,
• II T W · T • • All Monlh = 7:00 t
I I • • a T I
• ta tt ti ta M 11
ta 17 ta t• • It • a .. .. • ff •• •
March
• II T w T • • All Month= 7:00 1
z I 4 • • 7 •
e 11 tt tz ta 14 11
1• 17 11 11 -21 a
D .. .. -ff .. --It
Juae
I II T w T • I
Start Tbne = 9:00 • T
Start Tbne = 9:10 11 t•
Start Time= 9:JO • 11
Start Tune = 9:20 ff • -.
• II T w T • • -
Sta[! Tillle = Ii 1$ • •
Start Iinc = l:IQ ti ti
Start Tiae = 8:00 te • Start Tilllc • 7:§ • ff --. ......... ,
• II T w T • • All Mgnlh = 7i00 •
T I • ta tt 11 11
M ta t• 17 ta t• •
It -a .. • • ff
• • • It
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City of Englewood
f.
9/l/95
Dear Cinderella Drive-In Managers:
Ken Obom, Jeff Kobler, Barbara Winters, Earl Hom,
E,...ood Gol CourN
2IO'I w Oldolll ......
E,...ood. ColaladD 80110
"'-(303) 781-0IMI
This Spring, when we were setting the lipls for our driving range we lowered
them as much as poSSJble and I came over to the Dme Inn and talked with
one of the 11181188Cf'S. Our season is bqi11•ing to slow clown and we will not
be using the night lights for the nnae in October and possibly sooner
depending on the weather. Presently, our mff'bu been instructed to tum off
the lights as soon as poss1ble after closma.
Thank you for your letter and the movie tickets. If I can be of any further
assistance to you please call me. Mic:bael Pickma 781-7S09
Sincerely, ( )
7J/ra:,{,(~..-L ~~
Michael Pickens
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City of Englewood
February 6, 1996
Ken Leiman
Platte Properties, L TO
POBox361l5
Denver Co. 10236
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Englewood Gal CourH
2101 W. Ollfold ..__
Englewood. CalDredD 111110
"'-C303) 711.(1141
In response to your request concemln& the re -aim in& or the Orivin& Ranae li&hts at En&lewood Golr
Course, we have taken the followin& action :
I . Retained lhe services of JCN En1ineerin1. They made a field study or lhe problem and
prepared • liabrina aimin& diqnm.
2. We have hired a qualified electrical conlnCtOr to re-aim these li&ht fuctures to eliminate
the illumination of the llOp half of the theater screen. Wealher pennittin& this work should
be completed by the 2l .. of February.
If I can be or any further asistance please do not hesitate to call.
cc: Jerrell Black
Dave Henderson
Sincerely,
i(Jt,{(jiy1'fv
Robert 8urpner ...
Golf Course M&1111tr
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JOHN E . MYLES
ATTOR."lEY AT LAW
July 8, 1996
A TrN: City Manager
City of Englewood
3400 South Elati Street
Englewood, Colorado 80110
Dear Sir,
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333:JS. BAN N OC'K.Sl'ITE 1)50
ENGLEWOOD. CO 80110
(303) 761-0800
FAX781•20M
Pursuant to ~ §24-10-109, the City of Englewood, Colorado, is provided the
within written notice of injury that has occurred and is ongoing as a result of actions
and/or omissions on the part of the City of Englewood, its employees and/or agents .
The name and address of the claimant is:
Funtime Drive-In Theaters, Inc.
5200 E . Colfax Avenue
Denver, Colorado 80220
The claimant is represented by the undersigned lltOnley.
A statement of the factual basis of the claim is as follows:
Funtime Drive-In Theaters, Inc. was inCOIJ)Ol'lled as a Colorado Corporation oo or
about February 15, 1996 and thereafter cnteRd into a lease to operate lbe Cinderella
Twin Drive-In Theaters located at 3400 South Platte Ri"Ver Drive, Sheridan,
Colorado 80110. The drive-in theater is to the i"'DM'diate north of lbe Englewood
Golf Course and Driving Range, 2101 W. Oxford Avenue, Englewood, Colorado.
The City of Englewood has installed approximately forty high-intensity flood lights
for night time operation of the golf course drivina range . The artificial light
emanating from the driving range lights during evming and night time operation is
of such intensity that it illuminates the north screen of the Cinderella Twin Drive-In
Theater . This evasive light washes out and causes a substantial reduction of the
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A TfN: City Manager
City of Englewood
. July 8, 1996
Page Two
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visibility of the motion picture being projected on the drive-in theater screen. The
reduction of visibility occurs, has occurrccl and is ongoing since the golf course
driving range and the drive-in theater commmced operation in the spring of 1996.
Upon information and belie( the employee of the City of Englewood responsible
for the operation of thc Englewood Golf Course and Driving Ranae, including
operation of artificial lights on the driving rmae, is Robert Burgener, Englewood
Golf Course Manager, 2101 W. Oxford AffllUC, Englewood, Colorado.
The monetary damage being suffered by FUDlimc Drive-In Theaters, Inc. is loss of
present and future revenues experienced by the theater operators from pmons
demanding refunds of theater admissions and/or electing not to paaroni7.e the tbeater
due to poor visibility of thc theater screen. At present. it is difficult and/or
impossible to determine monetary damages being suffered by Funtime Drive-In
Theaters, Inc. and, as such, injunctive relief may be necessary in lieu of monewy
damages.
By this letter, the City of Englewood is put on notice of tbe damage being suffind
by FUDlimc Drive-In Theaters, Inc. ad clcmaad is made apaa tbe City to cease
opcnting tbc artificial lighting emanatins from the golf course ckmng r-,e wbich
inb'Udcs upon tbc property of claimant
c~ / );1, .__( -~;;It" Myles
JEM/ljr
cc : Junes Goble, President
Funtimc Drive In Theaters, Inc .
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COLORADO
INTER GOVERNMENT AL
RISK SHARING AGENCY
August 14, 1996
Pat Myles
3333 S. Banno.:k #9SO
Englewood, Colo. 80110
City Member.
Client:
Date of Loss:
ClmNo:
Dear Mr . Myles:
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City of Englewood
FunTime Drive In
7-8-96
4331
This follows up our recent telephone conversation regarding Jie above client
The City of Englewood would be afforded immunity under the Colorado Oovemmental
I:mr.unity Act, C.R.S. 24-10-106. This occurrence does not &11 within the si~ exceptions under
the act a person can assert a claim.
Because of the above, we must respectfully decline your claim.
CC City of Englewood
Colleen Caudill
'50 South Cherry SnNC. Suite IOO, Detwer, Colorado IIIZZ2
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PR OCLA:VlATIO~
WHEREAS , Robert R. <Bob ) Gallagher Jr. was e lected District Attorney of the
Ei ghteenth Judicial Di s trict, encompassing Arapahoe , Douglas, Elbert and Lincoln
Co unties. in 1968 and has been at the helm for 28 years, ove rs eei ng an office which grew
from a staff of 11 to the present sta.ff of 180 as th e area became more urban and complex; and
WHEREAS , before beco ming District Attorney , Bob Gallagher was in the private
practice of law in Englewood . a part-time Assistant City Attorney of Englewood , and a part-
time Municipal Judge of Greenwood Village; and;
WHEREAS . Bo b Gallagher has co n sistentl y maintained a hi gh r egard fo r
co mmunity values a nd has e arned the r espect of attorneys within the Di strict Attorney's
office of th e Eighteenth Judi cial Di strict, within other Co lorado Dis tricts . as we ll as defense
attorneys; a nd
WHEREAS . Bob Ga ll agh e r h as the re puta ti on of being honest with the public and
doing what ,s ri ght .
~OW THEREFORE. we. Thomas J . Burns. Mayo r of the City of Engle wood ,
Co lor ado. and Me mbers of Englewood City Council, h er e by proclaim our a dmiration for
Bob Gallagher on behalf of ourselves and the r esidents of the City of Englewood .
GIVE~ unde r our hands and seals this 6th day of January, 1997 .
Thomas J . Burns . Ma yo r La uri Clapp
Al e xandra Habe m cht. :Ma yo r Pro Te rn Rita Ha thaway
Al fred F . Vorm1ttag Jr.
Kells Waggo n e r
Clyde W iggi n s
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PR OCL AYIA T l O N
WHEREAS. t h e Eng lewood Pirates were fi r ed up and worked hard t his season .
unde r Coach Randy P e nn : a nd
WHEREAS . the P irat es we r e undefeat ed in con fe r ence and brou ght h ome a
ch a mpion s hip ba nne r ; and
WHEREAS. this was the Pirates' first foo t bal l co nfe r ence title in fo ur decades , the
last t o win league ch a mpion s hip being the team of 1956 : and
WHEREAS. t h e Englewoo d Pirates a r e champi on s and have a right to be proud of
th e ir acco mpli s hme nts thi s season :
:-.iO\V THEREFORE. we. Thum as J . Burns. Mayo r of t h e Ci t y o f Englewood ,
Co lo rado, and '.\1 e mb e r s of Englewoo d City Co uncil, her e by proclaim our s upport and
co ngratulanon s fo r the 1996 Pirates Foo tball T eam.
GIVE N unde r our hands and seals t hi s 6th day of January . 1997 .
Tho m as J Bums. '.\l ayo r L.1un Clapp
Ale xa ndra Habenicht. '.\la yo r Pro Te rn Rita Hathaway
Alfred F Vorm1nag Jr .
Ke ll s Wa ggon e r
C ly de W iggrn s
8 b
't o ... ntea :,n C::ec,c ta :>11,cer
ac: NW• IIO. _
OF1997
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A RBSOLUTION DESIGNATING THE BUU&TIN BOARD IN THE LOBBY or
BNGLBWOOD CITY RALL AS THE OFFICIAL POSTING PLACE FOR ALL NOTICa
OF TBB CITY or BNGLBWOOD.
WHBREAS, tbe Bulletin Board locded iD tbe .....,_. CitJ Hall Lobby bu been the
o8lcial poatiq place far all notica al tbe CitJ al.~
NOW, TBEBD'ORB, BB IT BBSOLVBD BY TBB CITY COUNCU.. or TBB CITY or
ENGLEWOOD,COLORADO,TBAT:
Sertim 1. The omcial poatiJII pa-far all DOt.ice9 altbe CitJ allapwood abaD be tbe
Bulletin Board iD tbe Bapwoocl CitJ Hall Lollby and ncb DGtiCN abaD be poatad under t.be
beadiq "PUBLIC NOTICES.• Tim a.alutiaD daN not iD my wq al itaelf crate a
requirement for DOtice.
ADOPl'ED AND APPROVBD tbia 8th clay al Jmuary, 199'7.
A'M'BST:
Loacriabia A. Bllia, Cit.y a.t
I, Loacriabia A. Bllil, Cit.ya.k llrtm Cll,Jal ......... Oal11-. ...__.,.._
abaft •• trail ClllpJ al ....... Ne._ .... alllWI.
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COUNaLCOMMUNICATION
Date
January 6, 1997
INITIATED BY
Department of Financial Services
City Clerk's Office
10 a i
Subject
Designation of Bulletin Board
in City Hall Lobby as Official
Posting Place for all Legal
Notices
STAFF SOURCE
Frank Gryglewicz, Director of Financial
Services
louaishia Ellis. Citv Cieri<
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
On December 18, 1995 City CCUlcil designated the bulletin board in the lobby of Englewood
City Hall as the Official Posting Place for all notices of the City of Englewood.
RECOMMENDED ACTION
Approve a resolution designating the bulletin board in the lobby of Englewood City Hall as the
Official Posting Place for all notices rA the City rA Engl9wood.
BACKGROUND, ANAL YIIS, AND AL TERNATNES IDENTFIED
The OPEN MEETINGS LAW, State Stalule § 2~ (2) (c) requires that "a local public
body shall be deemed to have given full and timely notice if the notice rA the fflNting ii posted
in a designated public place within the boundaries d the local public body no lea ttWI
twenty.four hours prior to the holding rA the meeting .•
FINANCIAL IMPACT
None
UST OF ATTACHMENTS
Resolution
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RIIIOLUTION NO. _
SERIF.S OF 1997
A RESOLUTION FOR REAPPOINTMENT OF JOHN W. SMITH, ill :AS
ASSOCIATE MUNICIPAL JUDGE FOR THE CITY OF ENGLEWOOD,
COLORADO.
WHEREAS, pursuant t.o Article IX, Part II, Section 68, of the Englewood
Home Rule Charter, "Council may appoint one or more aaaociate judges,
who shall sit at such times and upon such cauaes as shall be determined by
the presidin& municipal judge;" and
WHEREAS, becauae John W. Smith's present term expired December 31,
1996;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF,ENGLEWOOD, COLORADO, THAT:
Sec;t;igp 1. John W. Smith, ill, shall be and hereby ia reappointed as
Aaaociate Municipal Judp in and for the City of Englewood, Colorado, for a
term commencing January 1, 1997 and expiring December 31, 2000.
ADOPTED AND APPROVED tbia 6th day of January, 1997.
'lbamu J. Burm, Mayor
ATTEST:
Loucriahia A Ellia, City Clerk
I, Loucriahia A Ellia, City Clerk for the City of Enalewood, Colorado,
hereby certify the above ia a true copy of Reaolution No._, Seriea of 1997.
Loucriahia A Ellia •·
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COUNCIL COlalUNICATION
1,1117 of
John W. Smith.Ill
INITIATED BY llu Court STAFF SOURCE T ..... Wolre, Ct. Aclmlnlabatur
COUNCIL GOAL AND PREVIOUS COUNCL ACTION
The Municipal Court is trying to maintain Council's goal d providing appiapiillta service levels by
requesting that they continue to appoint Al8oc:ia Judges ID ..ve the City d Englewood.
RECOIIIENDED ACTION
We would reqtat that the Council rappoilt John W. Smilh Ill, ID anolher 4 yw lllfm • an
Associate Judge for the City d Englewood, COITIIMIICing Jenuay 1, 1997 and expiring December
31, 2000.
BACKGROUND, ANAL VIII, AND ALT!IINATIVD IDEN IW ED
Aaeoc:ila JudgN .. r9qUired In ordel' tar the Court ID malnlaln a U time echedule. They M In
for the preeiding Judge when ttwe ie an ...... vacaliorl OI conact d inlerNt. Judge Smilh ha
--the Cly ... In -"""'·
FINANCIAL .. ACT
UST OF AffACHIIENTI
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Date
January 6, 1997
INITIATED BY
Utilities Department
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COUNCIL COMMUNICATION
Agenda Item
10 a iii
Subject
Brookridge Heights Water
and Sanitation District
STAFF SOURCE
Stewart H. Fonda, Diredor of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None
RECOMMENDED ACTION
Council approval, by ordinance, of the Intergovernmental Agreement with the Ellen L. Clarida
Madden Trust, Brookridge Shopping Center, Inc., The Brookridge Heights Water and
Sanitation District and the City of Englewood.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Brookridge Shopping Center resides within the City of Englewood boundaries at the
southeast comer of Broadway and Belleview. The shopping center is expanding by building
an addition on the south side.
Water service from the Brookridge Heights Water District is not readily available for this
expansion making it more pradical for the developer to connect to the Englewood water
system than to try to extend the service from the Brookridge system . The proposed water tap
will be conneded to the Englewood main in East Cenntennial Ave .
The developer/owner will continue to be responsible for paying the Brookrigg& Heights fees to
the Brookridge Heights Water and Sanitation District.
FINANCIAL IMPACT
The Brookridge Shopping Center will pay all applicable water and sewer tap fees to the City of
Englewood .
UST OF ATTACHMENTS
Intergovernmental Agreement
Ordinance
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ORDINANCE NO. _
SERIES OF 1997
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BY AUTHORITY
ABILLPOR
ootJlfCIL BILL NO. 2
INTRODUCED BY COUNCIL MEMBER _____ _
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE BROOKRIDGE SHOPPING CENTER, THE ELLEN L. CLARIDA
MADDEN TRUST, THE BROOKRIDGE HEIGHTS WATER A: SANITATION
DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO .
WHEREAS, the Brookridge Shopping Cent.er, lies within the City of Englewood
boundaries located at the southeast comer of Broadway and Belleview; and
WHEREAS, the Brookridge Shopping Cent.er wat.er services are currently provided
by the Brookridge Heights Water & Sanitation District; and
WHEREAS, the Brookridge Shopping Cent.er ill expanding by building a new
building on the west aide; and
WHEREAS, wat.er service to the new addition ill not readily available from the
Brookridge Heights Water & Sanitation Diatrict; and
WHEREAS, it ill more practical for the developer to connect to the Englewood Wat.er
Syat.em with the propoaecl water tap being connected to the Englewood Wat.er main in
Eut Centennial Avaiue; and
WHEREAS, the developer and owner will continue to be reaponaible for paying the
Brookridge Heicbta fNa to the Brookridge Heights Wat.er and Sanitatioo District;
and
WHEREAS, the Brookridp Sboppiq Cent.er will pay all applicable water and
NWer tap r-to the City of Eqlewood for tbia additianal tap;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
So,;tiqp 1. The Intergovernmental Apeement between the Brookridp Shoppins
Center, The Ellen L. Clarida Madden Trust, The Brookridp Heipta Wat.er A:
Sanitation District and the City of £nclewood, Colorado, attached hereto u
"Exhibit A,• ill hereby accepted and approved by the Enpewood City Council.
Sec;tigp 2. The Mayor ill authorized to eucut.e and the City Clerk to atteat and -1
the Intergovernmental Agreement for and on behalf of the City of En,lewood,
Colorado.
Introduced, read in full, and pueed on lint readin, oo the 8th day of January,
1997.
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Publiahed u a Bill for an Ordinance on the 9th day of January, 1997.
Thomas J. Burm, Mayor
ATTEST:
Loucriabia A. Ellia, City Clerk
I, Loucriabia A. Ellia, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing ill a true c:opy of a Bill for an Ordinance, illtrodw:ed,
read ill full, and pa8led on fint reading on the 6th day of January, 1997.
Loucriahia A. Ellia
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JNTERGQVERNMENTAL AGBEEMENI
THIS AGREEMENT, is stared into tbil __ day of 1996 by and
between ELLEN L. CLARIDA MADDEN TRUST, Patricia J. Bames, Truatee, OWllllr al the
property kn0W11 u Tbe Brookridp Shappiq Cmm wbich iDduda the property lmawD u
5188 South Broadway and 5194 Soatb Broadway, wt-addrela ii 2015 Tiara Court, Grad
Junction, Colorado 81503 , Cbeninafter refilrnd to u "0.--); BROOKBIDGE
SHOPPING CENTER, INC., a Colando Carpanam J . llicbael Sprial, Pntsidmt, lAuN
of the property at 5188 Soatb Broadway~ narnd to u (-X..-"); THE
BROOKRIDGE HEIGHTS WATER AND SANITATION DISTRICT, whole addraa ii
5191 South Paamylvmia Street, Li.tdatm, Cobado 80121, beniDafter nfened to u ("tbe
~) and THE CITY OF ENGLEWOOD, wt-addrela ii 3400 South Elati Street,
Englewood, Colorado 80110 CbereiDafter referred to u "Eqlewood").
WHEREAS, Sec:tion 18 (2) (a) of Article XIV of the Colorado Coutitmicm, u well u
Sectiom 29-1-201, eut:Q., and 29-20-105 of the Colorado ReviNd Statutes authorize and
encourqe governments to cooperate by contractiDc with CID8 anodler for their mutual
benefit; and
WHEREAS, there is to be an upamion of the Broolaidp SboppiDg Center by the addition
of a building on the west side of the property; and
WHEREAS, the location of this building makes it Ullfeuible for the Brook:ridp Heipta
Water and Sanitation District to provide water service from their syatem which ii
currently used by the remainder of the Brookridp SbappiDr C.ter; and
WHEREAS, the City of Englewood baa a water line which ii euily acceuible from the
area of es:pansioa; and
WHEREAS , it will be beneficial to all parties for the City afEaplwood to pnmde a watar
tap and water service for the new buildills;
NOW THEREFORE THE PARTIES HERETO , FOR GOOD AND VALUABLE
CONSIDERATION, THE RECEIPT AND SUfflCIENCY OF WlDCH IS HEREBY
ACKNOWLEDGED , HEREBY AGREE AS FOLLOWS :
A. RESPONSmILITIES OF PARTIES.
1. Eaclewood aball make a water tap available far the UN oltbat part olthe prapartJ
knDW1l u the Brookridp SbappiDc Cmtar wbidl ha the addna ol 5188 and 519'
South Broadway and is d-=ribed u "the Pnmilll" iD "Ezbibit A" ad caaliata al
one bui1diq locatad on the wat lide of uid Brookridp SboppiD( Cccer, u
described below :
LOT l EXCLUDING ROADS I: EXCLUDING THE s. 130 FEET or THE N.
140 FEET AND THE W. 130 FEET BLOC1t 1. BROODIDGE BJCIGBTS;
TOGETHER WITH LOT 1 BLOC1t 1A, UCLUDING ROADS,
BROOIJUDGE HEIGHTS, 31U> FIIJNG IN Tm: NORTIIL\ST
QUARTEll OF 88 WEST or THE ffB PmNCIPAL IIDIDIAN,
ARAPAHOE COUNTY, ENGLEWOOD , COLORADO .
See allo "Ezbibit B."
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2. The Owner, and Leaaee qree t.o accept the tap and water supply for the uae and bme6t
oftbe property locaied at 5188 and 5194 South Broadway.
3 . The Owner and Leaw agree to pay all apenw in c:mmec:tion with the inmJD•tim
and maiDWWW of this tap and uaoc:iated water lines, provided, bawffer, 1--
abaD pay all such apeaw during the t.erm ofita Lease with Owner, or my at4DRm
thereof.
4. The Owner and Leaw agree to comply with all applicable permits and ordinm._
of the City of Enplwood reprding the water supplied by the City.
5 . Owner, and Leaaee sbaD tab all meuure8 DeC1IIIAl'7 to insure that there will be DO
c:roas-connection between the City of Englewood water supply and the Diatrict's -tar
supply.
6 . The Owner and Leaaee acknowledge and agree that this contract for water service
from the City of Englewood in no way affects their membership in, nor their duty to
pay any mill levy properly impoeed on the subject property by the Brookridge Heights
Water and Sanitation District.
7 . The Brook:ridge Heights Water and Sanitation Diat:ric:t waives its right to be the sole
supplier of water to the subject property and releues the owneni and leuee of the
subject property from any requirement that they acquire water solely from the
District.
8 . The Brook:ridge Heights Water and Sanitation Diat:ric:t qren to allow the City of
Englewood to provide water to the subject property and rel-the City of Enpewood
from all liability concerning the supplyinf of water to the subject property.
B . ASSIGNMENT.
This Agreement sbaD not be auigned by any party without the prior written c:oment of the
others.
C . NOTICE .
Any notice required or permitted by this Apeement abaD be in writin,, and shall be
deemed to have been sufficiently pven for all purpoNI if Milt by certifted mail or
registered mail. postap and feN prepaid, adclrNled to the party to whom such notice ia t.o be
pven at the addreu set forth below, or at such other ~ u bas been prwvioaaly
fumiahed in writin,, to the other party or partiea. Such notice abaD be ~ed to have been
,iven when deposited in the United States Mail. The notice abaD be NDt to:
CITY OF ENGLEWOOD
Stu Fonda. Utiliti• Direc:tor
3400 South Elati s~
Enclewood, Colorado 80110
ELLEN L. CLARIDA MADDEN
TRUST
aoPaniciaBarn•,Truatee
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BROOKIUDGE SHOPPING
CENTER, INC.
J . llichul Sprigs. Praidat
8400 !. Prmtice Ave. •11'0
EDcl-aod, Colondo 80111
BJlOODIDG! HEIGHTS WATER
6: SANITATION DISTRICT
Prank Wmb, Praidat
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2015 Tiara Court
Grand Junc:tian, Colorado 81503
D. PARAGRAPH CAPTIONS.
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5191 South Peamylvama S1net
Littletm, Colondo 80121
The captiam of the parqraphl an Nt fartb cmly far tbe c:m't'mimce aDd "'8r8Dce al the
parti• an not mtmded ill my -Y 1D cWlm, limit er dac:rille tbe -.. er iDtmt al tbia
A,reement.
E. INTEGRATION AND AMENDIIBNT.
Thia~ reprwmta tbe mtin ..... t ...._ tbe Part:ia -to tbe ....
matter oftbia ~t aDd tbare an DO cnl w la-.I ap 1smts er~-
Thia Aar-ent may be emmded cmly by m ~ ill writ:iq, ei,-1 by the pertiee.
If IDJ pnmsiOD is foaDd to be ._ by I coart al_.,.._. jariedictiaD, DO odm-pa,maioD
shall be dected by sw:h bolding. All al tbe rwneinillc pnmaiaae of tbia Ap9ement eball
CODtiDue iD full force aDd etfec:t.
F . WAIVER OF BREACH.
A waiver by any party to this Acr-ent or tbe bruch of my term or proviaiaD of tbia
Agreement shall not operate or be comtrued u a waiver of any aubeequat breach by either
party.
G. AUTHORITY.
The partiN hereto WUTIDt that tbe lipamriee below U'ff full ud lawful authority to
execute thie ~t CID behalf of all altbe Partial.
IN WITNESS WHEREOF, tbe pertiee bent.abaft .-ated tbia Cootnct tbe clay aad ,-r
fint written abo¥e.
ATTEST : CITY OF ENGLEWOOD
Loucriebia A. Ellie, City Clerk
ATTEST : BROODIDGE SHOPPING CENTD
~4,v_l' nty
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ATTEST:
ATTEST:
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ELLEN L. CLARIDA MADDEN TllUST
BBOODIDGB BBIGBTS WATBll 11
SANITATION DISTRICT
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COUNCIL COMMUNICATION
Date I Agenda Item I Subiect Thomas Plating Pipe
January 6, 1997 10 a iv Easements
Initiated By Staff Sources
Utilities Department Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
Council approval by ordinance for obtaining Permanent and Construction Easements across the
Thomas Plating property located on S. Windermere St.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Utilities Department has to relocate and upsize two water mains that are being affected by the
S. Windermere improvements. The 27" raw water line from union Avenue Pump Station and the
16" treated water line that services the Centennial area are affected.
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 Drive. Englewood now needs to extend
these mains to South Windermere Ave. Where they will be connected during hte upcoming
Windermere Improvement Project.
To connect these pipelines, the City will need to acquire a 30' x 329' easement to the north of the
Thomas Plating building. An area will also need to be obtained, on a temporary basis, for
stockpiling of soil and equipment. After completion of the project, the site will be returned to
near preconstruction condition .
There were many concerns of soil contamination due to the previous plating activity in the
adjacent building. Soil analysis by A. G . Wassenaar, Inc . and approval by the Colorado
Department of Hazardous Waste and Management have alleviated these concerns in the
easement that the City is obtaining.
Permanent easements will be surveyed and recorded after completion of construction .
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ORDINANCE NO. _
SERIES OF 1997
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BY AUTHORITY
COUNCIL BILL NO . 15
INTRODUCED BY COUNCIL MEMBER ______ _
AN ORDINANCE AUTHORIZING A GRANT OF WATER LINE EASEMENT AND
A TEMPORARY CONSTRUCTION EASEMENT BETWEEN THE CITY OF
ENGLEWOOD, COLORADO AND THE A-Z COMPANY (THOMAS PLATING).
WHEREAS, the Englewood Utilities Department has to relocate and uplrize two
water mains that are being affected by the South Windermere improvements; and
WHEREAS, the 27" 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 inatalled a new 36" raw
water main and a 24" treated water main under the railroad tracb and South Santa
Fe Boulevard; and
WHEREAS, the City now needs to extend these mains to South Windermere
Avenue where they will be connected during the upcoming Windermere
Improvement Project; and
WHEREAS, to connect theae pipelines, the City will need to acquire 30' ll: 329'
easement to the north of: the A-Z Company building; and
WHEREAS, an area will alao need to be obtained, on a temporary buia, for
stockpiling of aoil and equipment; and
WHEREAS, aft.er completion of the project, the lite will be returned to near
preconlltruction condition; and
WHEREAS, there were many conc:erm of IIOil contamination due to the previoua
plating activity in the adjacent building; and
WHEREAS, the soil analyaia by A.G . W-.ar, Inc. and approval by the
Colorado Department of Hazardous Wute and Manapment have alleviated these
coocema in the euement that the City ill obtaininc; and
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Sec;tigp 1. The Grant Of Water Line Eaaement and the Temporary Conatrw:tion
Eaaem•t between Tbe A-Z Company (Tbomu Plating) and the City ol Enpewood,
Colorado, attacbed hereto u "Emibit A, and Emibit B, • ia hereby accept.ed and
approved by the Enslewood City Council.
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Sec;tim 2. 1be Mayor ia authorised to encute and the City Clerk to attest and Mal
the Intergovernmental ApMment for and OD behalf of tbe City of Enclewoocl,
Colorado.
Introduced, read in full, and puaed OD tint nadinc OD the 8th day of January,
1997.
Publiabed u a Bill for an Ordinance OD the 9th day of January, 1997.
1bomaa J . Burm, Mayor
ATTEST:
Loucriahia A. Ellia, City Clerk
I, Loucriabia A. Ellia, City Clerk of the City of Englewood, Colorado, hereby
certify that the above and foreeoiDI ia a true copy of a Bill for an Ordinance,
introduced, read in full, and pauecl OD tint rNdiq OD the 8th day of January, 1997.
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SPECIFIC PERFORMANCE CONTRACT
RECEIVED from the City of Eqlewaod, a Colando Mmidpal Corparalian. Purchaser. the sum of
1;0 40t?.ll?S2.488.98 in the form of a check to be held by Tbe A-Z Company. Seller, as earnest money and partial
.~ payment for the following described easemems situare in the County of Arapahoe, State of Colorado to
Fe:,·· wit:
A perpetual. nonexclusive Wara Line Easement and three Temporary Construction
Easements as fully described and shown on Exhibit A, consisting of S pages, and Exhibit
8, consisting of 4 pages, respectively, bodl amcbed hereto and incorporated herein by
reference .
which easements purchaser agrees to buy upon the following terms and conditions for the purchase price
of~ payable as follows : ~ 12~tco.oo~
f14ar~ai S~. hereby receipted for , $5,000 p~iously paid per Temporary Easement agreement between
tbe panics hereto dared August 13. 1996. and $10,000.00 payable in cash upon closing .
I . A current commitment for title insurmce policy in an amount equal to the purchase price shall
be obwncd by purchaser at purchaser's expeme .
2. Title shall be men:bamable in the seller . Subject to payment or tender as above provided and
compliance with the Olber terms and coaditioas hereunder by purchaser, seller shall execute and deliver
a Grant of Warer Line Easemall and a Tempomy Comtructioo Erm to said purchaser on January
24. 1997 , or by mutual agreement• m earlier a.
3. The hour and place of closiq sball be drsipwd by purchaser.
4 . The ript to use these eacmms by pun:llllcr sball comn,enre upon delivery of tbe Grant of
Water Line Easement and the Temporary COllllrUCbOII FIICW'lf.
S. Time is of the essence hereof. and if any payment or any odler coaditioa hereof is DOl made.
tendered. or performed by either tbe seller or pun:llllcr • bereiD provided. d,en mis coamct, at the
option of the party who is not in default. may be ~ by such party. iD wbicb case tbe non-
defaultin& party may recover such damaps • may be proper . la die ew:m of such default by tbe seller
and the purcbaler eleccs to lrell die COllll'ICl a ......t, dla all pa) I made bereon sball be
reaamed to the purcbwr. In the nail of such defall by -pw t ad -Idler dec:11 to lrell die
comraa as terminated. d,en all payment1 made llerwDda" 111111 be forfeiled ad rmilled cm bebalf of die
seller . In the eves. bowewr. die IIOll-defiuldll party etem 110 aea dlil camaa • beilli iD full forc:c
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and effect. die non-defaultin& pany shall have die ripl to • aicJD fur apecific pcrforma:e 111d
dama&a-1be noo«tiultiq pany shall be emided to com, apat flea, ad money flea .
6. ID die eftDt die seller fails to approve dais _,_ ia wrililll .... tlw (S) -,. froa die
dare bmof, or if tide is not IIICl'Cbamble 111d wrillell DOlice of ._. ii pa tlD • leller or .-
widlin die time bereill provided for delMry of ....... be ...... -httw+he widlia
thirty (30) days after such wriaeD notice, tbea dlil ~ a pa ti HV'I aplim. aa1J be void ad of
no effect and each party bercco lball be relewd from all oblipri•w 11111 h. ad die paymaa made
baeuDder shall be l'CIUnled fonbwidl to purcbller ...... of c. --=t. if ay. to Idler; provided.
however, dlll in lir:u of comc:dD& such defecls, leller may. willliD said dliny (30) days, obcain a
commitmeal for Owner's Tide lmunnce Policy in tbe w ofc. pan:lllle price sbowiq die tide to
be free &om such defecls and seller shall pay full praaium for IUda Tide IDsuraace Policy.
7. Upoa approval bcreof by die seller. this apw lball become a comact becwecn seller and
pun:llllcr and shall hue to die benefit of die heirs. succeuon 111d mips of said parties.
SELLER: TIIE A-Z COMPANY PURCHASER: CITY OF ENGLEWOOD,
COLORADO
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GRANT OF WATER LINE EASEMENT EXHIBIT A
11i1S GRANT of easement is made this __ day of • 19 __
by 'Ille A-Z Cempuy, whose address is 4S20 Lariat Drive, Castle Rock, Colorado, hereinafter referred
to as "Gramor·, in favor of the City of Enpwood, a Colorado Municipal Corporation, whose address
is 3400 South Elati Street. Eqlewood, Colorado, hereinafter referred to as "Grantee".
The parties covenam and agree as follows :
1. Easement Progeny: The "Easement Propeny" shall mean the real propeny located in
the County of Arapahoe, Stale of Colorado, more particularly described and shown as "PE-1 • on
Attachment A. consisting of 2 pages. aaacbed hereto and incorporarcd herein by reference. This
Euement Property lball extend to a depth not to esaed die U.S.G.S. -baled eleYatioa of~
feet, which 1s apprnlmately 15 feet below the curra mrr.ce leYel of die land. Below said
eleYation, Grantee llball •ft no rlpts, pririJe&es, • rup nalhilldes wbatloeYer.
2. Grant of Easement: Grantor hereby grants to Grantee, its successors and/or assigns. a
perpetual, nonexclusive easement ("Waier Line Easemem") over, Wider, across. and through the
Easement Property for the purpose of consuuctin&, operating, maintainin1. repairing, replacing,
removing, and cnlar1in& the "Lines and Appunenances", as hereinafter defined . "Lines and
Appurtenances· shall mean one or more warer pipelines and all neccuary Wlderground and surface
appurtenances thereto necessary or desirable for the transmission of warer. includin&, but not limited to,
mains, conduits. fire hydrants, vaults. ventilators. electric or other conttol systemS. cables, wire. and
connc:ctions .
3. Consjderatjon: As consideration for this Gram. Grantee bas paid to Gramor the sum of
1WENTY-TWO TIIOUSAND SIX HUNDRED DOLLARS ($22,600.00), the reccipl of which is hereby
acknowledged by Gramor.
4 . weu: GnDICC shall have the perpetual. noaexc:lusive ripr of iqress and qress in. to,
over. tbroup and acrou the Easemenr Property for any purpose necawy or desirable for the full
enjoyment of the ripis panted to Graaree Wider this Gra.
s. Restoratjqn : Gramee acrca tbll afta' die COIIIU1ICtioD. maiwnw:r, repair. replrm.
removal. or enmaanem of die LlDes and Appur,enam:a. Graae .• Gramee. s sole COil and expemc.
shall raaore the surface of die E--.. Propcny • wly • raaoubly pouible to die lfade and
conditioa of die E..,,...,. Property ailtilla i-,i.iy prior to said COMDuaiuD. maiWDIIICl', repair.
replrm. removal. or Clllarplaa. esapc • may be ~ to 11ml H11wd• die LlDes and
Appunenaaca .
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6. No Improvements: Gramor covcnams and agrees not to construct, erect, place, or plan
any "lmprovcmcnts •, as bcrcinafter defined , oo the Easement Propcny without obtaining the prior written
consent of Grantee . "lmprovCIDCIIIS" shall mean any structure, building, plantings, trees, or shrubbery
other than a lawn or parting lot . Grantee shall have the right to remove, without any liability to Grantor.
any improvements constructed, crccted, placed, or planted on the portion of the Easement Propcny
without Grantee having obtained the prior written consent of Grantor .
7. Subadjacem and Lateral Suppoo: Grantor covenants and agrees that Grantee shall have
the right of subadjaccnt and lateral support oo the Easement Propcny to whatever extent is ncccssary or
desirable for the full, complcrc, and undisbubcd enjoyment of the riglns granted to Grantee under this
Grant .
8. Rights of Granter: Gramor reserves the full right to the undisturbed ownership. use, and
occupancy of the Easement Propeny insofar as said ownership , use. and occupancy is consistent with.
and docs not impair the rights graDICd to Grantee under this Grant.
9. Abandonment: In the event that Grantee shall abandon the rigms granted to Grantee under
this Grant. all rights, title. and inlaest bercundcr of Grantee shall cease and tcrminare, and Gramor shall
hold the Easement Propeny. as the same may then be. fR:c from the riglns of Grantee so abandoned and
shall own all marerials and sttuaures of Grantee so abandoned. provided that Grantee shall have a
reasonable period of time after said abandODJDelU in which to remove any or all Lines and Appunenanccs
from the Easement Propcny . In the event that the Easement Propcny is abandoned by Gramec, Gramor
shall have the right. ar its sole option, to require Grantee to remove or neutralize any improvements
constructed in the Easement Property by Grantee .
10 . warranty of Title: Grantor warrants and reprcsems that Gramor is the fa: simple owner
of the Easement Property and thll Gramor bas full rigbl. title. and audlority to gram and convey to
Grantee the War Line Eascmeu1 and that this Gram of casement is superior to all other grams of the
Easement Propcny. if any . Gramor further coveoams and agrccs to indemnify, defend, and bold Grantee
harmless from and against any adverse claim to the title of the Easement Propcny by all and every person
or persons lawfully claiming or to claim the whole or any pan tbcreof.
11 . Bjndjng Effect: This Grant shall extend to and be binding upon the heirs. pcrsooal
reprcsemativcs . sua:cssors. and auigns of the rapeaive parties berclo . The 1a1111. covenants.
agn:emems . and cooditioas iD this Grant slaall be COIIIUUed as covemna l'UDDing with the land.
Pate 2 of]
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IN WITNESS WHEREOF. the parties have siped tbis a,n:anent • of the day and year first
above wriaen.
Attest:
ST ATE OF COLORADO
COUNTY OF
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GRANTOR: Tbe A-Z Company
T'ttle :
Acmowled&ed before me tbis __ day of --------19 __
by ____________________________ _
My Commission expires: ------
Noary Public
AUCSI: GRANTEE : City of ED&lewood. Colorado
T'ttle :
ST A TE OF COLORADO )
) II.
COUNTY OF )
---day of --------· 19 __ by ____________________________ _
My Commission expires: ------
Noary Pllblic
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PBIWENT l!AIFTIIT
1HOIIAI PLATING COll/l'MIY
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Th9 nar11130.0' d the IOUlh 50.0' al Lat 4, Bal Ille Galdenl Subdlvllian,
Cly al E191 oad, Arapahoe COunly, Colorado. Conlaina 8,815.95 S.F. ~
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ATTACHMENT A
THOMAS PLATING EASEMENTS
____ 120.:.._
TE-2
TE·l •6631.90Lf.
TE-2-ecoo.ooa.t.
TE-3a~.651.f.
PE·I• 9797.40Lf.
PERMANENT EASEMENT
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, I BELL ISLE GCNS
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LOT 4
I .56' 147.051 L--------~------------•3 IO
201
IICM 11/11/N
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TEMPORARY CONSTRUCTION EASEMENT EXHIBIT&
nns TEMPORARY CONSTRUcnON EASEMENT, made this --day of
------· 19_ by and between The A-Z Campany of Douglas COWlly Colorado, hereinafter
refmed to as "Gramor·, and the City or Enpwood, a Colorado Municipal Corporation, hereinafter
refmed to as "City",
WITNESSETH:
WHEREAS, the City owns and operares a waler distribution system which includes certain major
raw waler and trearcd water ttansmission mains, and,
WHEREAS, because of, and in coajUDCtion with, the Colorado Depanmem of Transporwion's
coosauaioo projeas on South Sama Fe Drive and South Windermere Street, it is oeccssary for the City
to relocate said transmission mains. and.
WHEREAS, the City desires to improve the condition and reliability of its transmission mains.
NOW . THEREFORE. IT IS AGREED between Gramor and the City as follows :
I. Gramor. for and in comideratioo of the sum of 'TWO 1110USAND FOUR HUNDRED
DOLLARS ($2.400 .00) in band paid to Graor, the receipt afwbicb ii llaeby acbowledpd. sram and
conveys to the City a 1a11pOr11y coamuctioo ~fora paiod afOac Haired Eipty (180) days
co11UDeDCing • 19 __ . over and acrou tbe followin& real aaae silua in the
County of Arapahoe. Colorado , to wit :
l..ol 4, Bell Isle Gardens Subdivision. City of En&lewood. Arapahoe Coumy, Colorado,
bereinafta" referred to as the "Property".
The Temporary Coasttuctioo Eascmmr is lcplly described and shown as "TE-1 ",
"TE-2", and "TE-3" oo Attacbmenr A, COlllistiq of 2 pases, attacbed hereto and
incorporlled herein by reference .
2. This eascmem shall include the ripl for the City to airer onto the Property as ncccssary for
the coasttuctioo of two water trammissioo lines includiq the movemcm of vehicles. machinery, and
equipment across the Property .
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3 . The City agrees that. after coasttuctioa of the two water transmission lines, the City. at the
City's sole COil and expense. shall restore the Property as nearly as rasombly possible to the condition
of the Property c:xistiD1 immedi#ely prior to said c:omttuctioa. The City timber agrees to restore and
repair any impnM:mellls of Grantor on the Property which are damapd, modified or altered by the City
duriq said c:omauctioa.
IN WITNESS WHEREOF. the parties have siped this agreement as of the day and year first
above wriaen.
GRANTOR: THE A-Z COMPANY CITY OF ENGLEWOOD, COLORADO
Da Da
Aaest: Aaest:
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Lepl DNcrfpllona for
TEMPORARY CONSTRUCTION l!AIFNBn'S
THOMAS PLATING COMPANY
1. The ICUUI 20.0' ot Lot 4, Bell Ille Gardena Subdivilian, City c4 Englewood,
Arapahoe County, Colorado. Contains 8,831.90 S.F. *-
2. Beginning IO.O' north d and 221.58' -d the S .E. GanW' ol Lat 4, Bel Isle
Omdena SubdMlion. Cly c4 Englewaad, Anlplllae County, Colaraeo; thence MIit
parallel to the aouth lne ol Lot 4 100.0' ID the -lne ot laid Lat 4 , tharlc:e
~ along said wt line to a point12C.O' l'IOl1tt afttle IOUlh line of Lot 4;
thence wt and parallel to uid south Ina 100.0 ·: a.a lOUllltr ••• and parallel
wilh the wNt 11M of Lat 4 ID the point d beg. Said pawl c:antainl 1,000 S.F. :t.
3. The north 10.D' ot1he IOUlh 60.0' ot Lat 4, Ball tale Gardena SUbdMlion, City of
Engl•ood. Alllpahoe County, Cokndo. Conlan 3,225.85 S.F. z.
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ATTACHMENT A
THOMAS PLATING EASEMENTS
TEMPORARY CONSTRUCTION EASEMENTS
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TE-2
TE-I s 6631.90 s.f.
TE·2•6000.00Lf.
TE·3• 3ZZS.&S L f.
PE·I• 9797.-101.f.
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LOT 4
I 5 147.oe' L--------~------------TE• IO'
20'
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COUNCL CO.....::ATION
Agendallffl
10 a V
NITIATED BY City AIIIMMy STAFF SOURCE Siu Fonda
COUNCL GOAL AND PREVIOUS COUNCL ACTION
Council approved exchalge of property at COi.iily Line and ~70 by Ordinance No . 30, Series of
1996, on August 1, 1996. Or. Ohlson then nafuled ID complel8 his portion of the exchange of
properties.
RECOIIIIENDED ACTION
Approve Council Bil No . 4 ID c:omplell the ~70 lntarchange exchange of properties.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTFIED
Highlands Ranch Melropolllan Dislrida may ... the Grant of E-.nt · Praject Number: CC
4701-076 • Parcel PE· 2F, aaached ID Council Bil No . 4, ID acqme the Rellnquilhrnent of Right-
of-W., and Easement Agt"Nnwlt • Project Nunmr: CC 4701-078 • Parcel Number PR-8, from
Ohlson ID City of Englawood ID c:ompla the •::tiangea nee 1111 r ID pracNd wilh the ~70
Interchange .
This exchange wil not change s,y legal dMaiptial• pnwioully authorized by City Council but wil
allow the Dil1rict ID UN the City's property in actaige far Ohllorl's 11111Tl811t.
FNANCIAL .. ACT
USTOFATTA~
Bill for Ordinance
Grant of Eaement
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ORDINANCE NO . _
SERIES OF 1997
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BY AUTHORITY
ABILLPOR
OOUNCJL BILL NO. ,
INTRODUCED BY COUNCIL
MEMBER~------
AN ORDINANCE AUTHORIZING THE EXCHANGE OF PROPERTY TO
HIGHLANDS RANCH METROPOLITAN DISTRICT NO. 3, PERTAINING TO
DR. OHLSON AND THE C-470 INTERCHANGE.
WHEREAS, by Ordinance No . 30, Series of 1996, pasaed on final reading
Aupst 1, 1996, City Council authorized interguvenunental agreements between the
City of Englewood, the State of Colorado Department of Transportation, Douglas
County, Denver Water Department and Highlanda Ranch Metropolitan Districts,
and Dr. Ohlson concerning the C-470 Interchange; and
WHEREAS, Dr. Ohlson, the City of Englewood and the Highlands Ranch
Metropolitan District No . 3 could not come to an agreement; and
WHEREAS, it is the responsibility of the District to proceed with acquiring
this property; and
WHEREAS , the City of Englewood bu found the propoaed uchanp to be fair
and equitable; and
WHEREAS, the District would lib to have tbe power to offer tbe prwioualy
authorized uchaqe; and
WHEREAS , thia Ordinance will not chanp any lepl descriptiona
previoualy authorized but will allow the Diatrict to UN the City'a property in ucbanp
for the Ohlaon easement and will allow the Diatrict to uae any and all meana to
accompliah the acquisition of thia property;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO , AS FOLLOWS:
Ses;tion 1. The Grant ofEuement -Project Number: CC 4701-076-Parc:el PE -2F,
for acceu from Englewood to Obl.m., attacbed hereto u Emibit A. may be uNd by tbe
District to acquire the Relinquishment of Ript-of-Way and Ea.ment A,reement -
Project Number: CC 4701-076 -Parcel Number PR-8, from Otu-1 to City of
Englewood, attached hereto u Emibit B.
Introduced, read in full, and puaed on &nt rudiq OD tbe 6th day of
January, 1997.
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Publiahed u a Bill for an Ordinance on the 9th day of January, 1997.
'lbomu J . Bums, Mayor
ATTEST:
Louc:riabia A. Ellia, City Clerk
I, Louc:risbia A. Ellia, City Clerk of the City of Eaclewood. Colorado, hereby
certify that the above and foncoinr ia a true copy of a Bill far an OrdinaDce,
introduced, read in full, and puaed on tint readinl on tbe 6th day of January, 1997.
Louc:riabia A. Ellis
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GRANT OP EASEMENT
PROJECT NtJKBER: CC 4701-076
PARCEL NtDIBER PE-2P
THIS 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:
1. Easement Property. The "Easement Property• shall mean
the real property located in the County of Douglas, State of
Colorado , more particularly described on attached Exhibit PE-2F.
2. Consideration . As consideration of this Grant, Grantee
shall pay to Granter the sum of Ten Dollars ($10 .00) and other good
and valuable consideration paid by Grantee, receipt of which is
hereby acknowledged by Granter.
3 . Grant of Easement. Granter hereby grants to Grantee an
easement over, across and through the Easement Property to provide
access to the property owned by Grantee which abuts the east line
of the Easement Property, and generally referred to as the Plum
Valley Subdivision .
4 . Access. Grantee shall have the perpetual right of
i ngress and egress, in, to, over, through and across the Easement
Propert y :o r any purpose necessary or desirable for the full
en j oyme~t of the rights granted to Grantee under this Grant .
5 . Riahts of Granter . Granter reserves the full right to
the und i sturbed ownership, use, and occupancy of the Easement
Property insofar as said ownership, use, and occupancy is
consiste~t with and does not impair the rights granted to Grantee
to this Grant . Cost of repair and restoration of any surface
i mprovements sha ll be done at t~e cost of the Grantee.
6 . Gr antor's Rights to Relocate . Granter shall have the
right t o re locate or require Grantee to relocate the easement and
any i mpr ove me n ts thereon at the expense of Granter and to terminate
the easement here i n granted. To the extent the easement and any
i mproveme n ts are relocated , Granter shall grant or cause to granted
to Grantee an easement or rights for the relocated easement and
improvement s , as the case may be, reasonably similar in nature and
scope t o the easement herein granted and provided that the
i mprovement s as relocated will be reasonably comparable in all
materi a l re s pects to t h e improvements at the time of relocation .
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7. Abandgnmcnt. In the event that Grantee shall abandon
the rights granted to it under this Grant, all right, title and
interest hereunder of Grantee shall cease and terminate, and
Granter 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 Grantee so abandoned.
a . Warranty of Title. Granter warrants and represents that
Granter is the fee simple owner of the Easement Property and that
Granter has full right, title and authority, and that 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 Ef fact . This Grant shall extend to and be
binding upon 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 WHEREOF, the parties hereto have executed this
Grant of Easement the day and year first above written .
ATTEST:
Loucrishia 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 of , 1996, by Thoaas J. Bums as Mayor and
Loucrishia A. Ellis as City Clerk of the City of Englewood .
My Coaanission Expire•=~-----------
Rotary Public
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STATE OF COLORADO
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GRANTEE:
ROBERTS. OHLSON
Roberts. Ohlson
This foregoing instrument was acknowledged before me this~
day of , 1996, by Roberts. Ohlson.
COUNTY OF
Notary Public
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PARCEL FROM CITY OF ENGLEWOOD TO ROBERTS. OHLSON
EXHIBIT "PE-2P'
PROJECT NUMBER: CC 4701-076
PARCEL NUMBER PE-2F
June 25, 1996
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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 tract or parcel of land being
more particularly described as follows :
Commencing at the NW Comer of said Section 4, whence the W 1/4 Comer of said Section 4
bears S.0°34'55"E. 885.415 meters (2904.90 feet); Thence S.71°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 °06'01 "E . along said westerly boundary line of Plum Valley Subdivision, a distance
of 18 .402 meters (60 .37 feet);
•=2 . Thence S.89°43'10"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 S.49°48'52"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 .01 i 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.69°46'01"E ., a distance
of 27 .081 meters (88 .85 feet));
8 . Thence N.89°43'10"E ., a distance of 110.250 meters (361 .71 feet) 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 determined 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.87°18'29"W .
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For the purpose of ingress and egress .
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RELEASE OF RIGHT-OF-WAY AND EASEMENT AGREEMENT
PROJECT llCNBBll CC-4701-076
PllCZL RtlJIBBll 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 virtue of the laws of the State of Colorado
(Englewood), whose address is 3400 South Elati Street, Englewood,
Colorado 80110.
WHEREAS, 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 of the Clerk and
Recorder for Douglas County, Colorado; and
WHEREAS, Englewood has conveyed a replacement easement to
Ohlson by separate instrument and Ohlson wishes to relinquish all
interest in that Right-Of-Way and Easement Agreement.
NOW, THEREFORE, in and for good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, Ohlson
does hereby RELEASE, RELINQUISH AND QUITCLAIM all right, title and
interest in and to the Right-of-Way and Easement Agreement recorded
October 26, 1965 in the records of the Douglas County Clerk and
Recorder, Douglas County, Colorado at Reception No. 124070 unto
Englewood, its successors and ass i gns.
IN WITNESS WHEREOF, Ohlson has executed this Release of Right-
Of-Way and Easement Agreement as of the date and year first above
written .
STATE OF COLORADO )
)ss.
COUNTY OF ________ )
ROBERT S . OHLSON
This foregoing instrument was acknowledged before me this
day of , 1996, by Robert S. Ohlson .
My Commission Expires : ___________ _
Notary Public
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ac:lcnav1-dged. ;,a~ of c1w finC pa.~. ~: 1.:salf, :.cs assi&fl•
anc! ,w:cessors, covenau:s anci p:au vi.th aud 1:0 cba ,ar-:ias
of :he MCand 'Pa::. ciai: ':iain and •SAP. aac it mall be
:heir i:anaT&U and occ:upani:s frca da .. ~ ca, of =e premise•
nai,; held by sacoad pa~ias iii die COUllt1 of Dou&ld. S:at• 11Z
Colorado, to-wic:
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loc::1etd in pa:: of =-lPJ· o! c1W IIE-t of s.c-:~;t.
,., T., s .. ir.. 61 w •• ·os .·=-.~ ,·.ia.
and nry odlar pancm or penaaa ~ 117 cie afon~i~
pard•• of die MCd ~. ac all =-a !%ael1 ·co pass and
re,••• on fooc. or ,n.,:!1·.:~la. wbiclaS. loada or ocbe:v' ....
c~u&h aao av:r a ,.~ of. di&: car..::!.n ;»&--cal of :-aai..cy pnsanc~y
awaed by p~ of cha fi,..-sc pa~. ~ part cl7ffll«ccs u.rsc
pa::1:1' s realC'f wi:h a c:ol.orUO S_".u uata-1 &lld wu.cl:l is 40
t.ac vS.cle. ui•d.a& 10 •c • dC!l aide of • UM oac..-11 c1w
saiJ scac• 'l1lb-Y aac1 ··a ?OUC • aecaad ~· N&lC'f, wtucb
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coaaanci:lC ac die MW c:c:u•r of Sec:iafl 4,
T, 6 S. , it. 68 i., , of cbe 6dl 1' .M. , :bane•
S Sl3° !-5' 30" t ~l=:i ~.c ~or-.; li:: =:
said s.c::ion 4 189.3 fa&e; ;:il-,,ce s. 76°
21' 30" E l!l,l.33 feac; t."ence S 400 2l.'
30" t !,48.S feeC co a poi:IC on cile sou:narl.y
ri&l:I.C oi way l.iaa a.: t.DA sue• iii&h".aY ~,:t
y~i:: i~ ~ !:"?'JC rninC or 'o&p.mu.:li;
The:lC:8 s f.60 11 1 JO" Z i6.S fa&c;
T!:IC!\C:& S !14° 21' JC" ~ 3::S.8 feec;
Tl\anC:& S 1,50. 31' 30" C: 1:..a.o &&c;
Tn<!ncc S ;4° 5~ • 30":. 21.5 • 0 fee!:;
TbelSC:• :i Sl O 58 1 30·" 't l.25 .o fut:;
Thane• S &8° 43' t 22~.63 feet: co a poi.nt:
= eba .es: li.ne
o~ i.,,c 1, -11.m11 valley;
~5si~s, a~encs,· s•-:vencs, cenar.cs or ocC".:;,ancs abandon said
l.lSA or !ail co isse :.'w see for a pan.ad o:: 'C"JO years. :nae ~c
!HJbsaauenc co cne dat:e of this agn_.iic, nscon :.he planld.n,r;
in; -:.ias in ori;i:lally; prov-1.ci•d · chac subsaquauc co ch• rcscora-
own c:osc and . e,qeu•, rapa:i: snd maincain said brid;• c::a~afcar.
Th• "c:one par.ic:s· .-for c~•l-•, coir hair• and as sips,
:-.;ac cheY, from c..-co d.ma, ed ac all =-• tiana:f:ar, ac
:~:.r ~ cost ~d .P"!''"'"• vi.ll w,,air and maillt:ai:I, and kee~
rapai:ed, in a p~cr, noacancial. and wo:lm&Dl.ika •mwr, di&
road1MY. :b& r_pc of ,sass~, ckl.-oush ADIi Oft: vtd.Ch is 1-reby
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COUNCIL COMMUNICATION
DATE January 6, 1997 Agenda Item Subject Intergovernmental
Agreement for Emergency
10 a vi Management
INITIATED BY Safety Services STAFF SOURCE C.H . Olson, Emergency
Preparedness Coordinator
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COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Regional cooperation . No previous council action has been taken on this issue .
RECOMMENDED ACTION
Approval of an intergovernmental agreement. with numerous jurisdictions throughout
the State of Colorado. to share emergency management resources and related
services during defined disaster emergencies.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
It is well recognized that disaster emergencies may arise in any jurisdiction , resulting in
greater demands than the personnel and equipment in the jurisdiction can handle. It is
in the best interest of a jurisdiction to have the service of and from other jurisdictions to
assist it in reacting to disaster emergencies .
This IGA conforms to other similar agreements entered into by this organization relating
to shared services and assistance in the areas of police and fire activities . This
agreement conforms to Colorado law , and serves a public purpose by promoting the
safety . security , and general welfare of the residents of Englewood .
No alternatives have been identified at this time .
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FINANCIAL IMPACT
No financial impact is expected on a regular basis. Financial impact occurs only on
initiation of a request for service under the terms of the agreement.
LIST OF ATTACHMENTS
1. Bill for an ordinance
2 . Signatory page
3 . Current participating jurisdiction list
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ORDINANCE NO . _
SERIES OF 1997
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BY AUTHORITY
ABILLPOR
oomrcIL BILL NO. 1
INTRODUCED BY COUNCIL
MEMBER ______ _
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
ENTITLED "INTERGOVERNMENTAL AGREEMENT FOR EMERGENCY
MANAGEMENT" BETWEEN VARIOUS JURISDICTIONS THROUGHOUT THE
STATE OF COLORADO AND THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the Intergovenmental Agreement For Emergency Management with
various juriadictiona utilizes mutual benefits of shared services and auilltance in
the areas of police and fire; and
WHEREAS, the parties wish to utilize mutual benefits of sharing emergency
management resources and related services during defined disaster emergencies;
and
WHEREAS, it is recognized that disaster emergencies may arise in any
jurisdiction, resulting in greater demands than the personnel and equipment in the
jurisdiction can handle; and
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WHEREAS, it is in the best interest of a jurisdiction to have the service of and from
other juriadictiona to auiat it in reacting to disuter emergencies; and
WHEREAS, it is in the best interest of each of the jurisdicti01111 to have acceu to
emergency resources to supplement their own during an emergency; and
WHEREAS, to receive the l"t!IIOW'Ce& cited above, it is coat effective for each of the
jurisdictions to make available during disaster emergencies, ita own l'8IOW'Cell to
other affected jurisdictions; and
WHEREAS, this Agreement eerves a public purpoee by promoting the aafety,
security and general welfare of the residents of the City of Eqlewood, Colorado;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The Intergovernmental Agreement For Emergency Manqement
between the varioua juriadictiOllll and the City of En,lewood, Colorado, attached
hereto as "Exhibit l ," is hereby accepted and approved by the Eqlewood City Council .
Se,;tign 2 . The Mayor is authorized to eucute and the City Clerk to att.Nt and w1
the Intergovernmental ,\p'eement for and on behalf al the City al En,lewood,
Colorado.
Introduced , read in full , and puled on ftnt rndiq on the etb day al January,
1997 .
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Published as a Bill for an Ordinance on the 9th day of January, 1997.
Thomas J. Burm, Mayor
ATTEST:
Loucriahia A. Ellia, City Clerk
I, Low:riabia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foreroing ia a true copy of a Bill for an Ordinance, introduced,
read in full, and paued on fint reading on the 6th day of January, 1997.
Loucriabia A. E1lia
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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.R.S.; 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 :
1. a . nus lntergovemmental Agreement is promulpted under the provisions of Anicle 1, the
relevant ponions of Anicles 5 and 22, Title 29, and 24-32-2105 C.R.S . The statute shall control in case
of conflict between this agreement and the statute . Each and every tenn, provision, or condition herein
is subj ect to and shall be construed in accordance with the provisions of Colorado law, the Charters of
the various jurisdictions, and the ordinances and replations enacted pursuant thereto.
b . It is understood and agreed by the jurisdict ions hereto th at if an y pan, tenn or provision of this
A greement is by the couns held to be illegal or in conflict with an y law of the State of.Colorado, or of
the United States of America, the validity of the remaining ponions or provisions shall not be affected ,
and the rights and obligations of the jurisdictions shall be consttued and enforced as if the Agreement did
not contain the panicular pan, term, or provision held to be invalid .
c . All tenns and words herein shall have the same definition as provided in Titles 24 and 29 of
C.R.S. except as herein otherwise indicated . •Disaster Emeraenc y· shall have the same definition as
prov ided for HDi sast er-at 24 -32 -2103 (I) C.R.S. Where terms and words herein are no( so deft.ned they
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INTERGOVE~IENTALAGREEMENTFOR
EMERGENCY MA!'\AGEMENT
shall have the commonly accepted definition.
2. Titis Agreement provides for the joint exercise by the jurisdictions of the function or service
provided herein, but docs not establish a separate legal entity to do so, nor does 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
fonh, 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 Anicle 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
pany reimbursement under Anicle 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 occurring as a consequence, direct or indirect, of the
performance of this agreement, to the extent permined by, and without waiving any protections or other
provi s ion s 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 governing body and notification by the
depository cited in Anicle 13 of such action to each of the other si&natory jurisdictions to this Agreement.
Each party who initially executes this agreement dele&ates to the office of the person executing this
agreement, or suc h other panics as they may funher dcsi&Jl&te in writin&, the authority to execute such
amendments a may be necessary in the future to accommodate the joinder of new jurisdictions to this
Agreement, without chan&e of any other terms or conditions of the A&reement .
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INTERGOVERNMENTAL AGREEMENT FOR
EMERGENCY MANAGEMENT
7. Each jurisdiction agrees that it will reasonably pursue 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 personnel 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 an y 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.
JO . It is expressly understood and agrttd that enforcement of the terms and conditions of the
Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the named
jurisdict ions hereto, and nothing contained in this Agreement shall give or allow any such claim or right
of action by any other or third person on such Agreement . It is the express intention of the named
j urisdictions 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 current
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 thiny (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
s ignature 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 signature pages shall be provided and cenified by OEM to each pany
jurisdiction, and s uch copies shall have the full force and effect as if they were originals . OEM shall
provide timely notice to all pany jurisdictions of all additions to and withdrawals of pany jurisdictions,
as well as timely notice of the effective date of any amendment to this Agreement.
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INTER GOVERNMENT AL AGREEMENT FOR
EMERGENCY MANAGEMENT
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As outlined in the foregoing Intergovernmental Agreement, the below designated jurisdiction executes this
Agreement on the most recent date indicated below.
JURISDICTION: _____________________ _
By:---------------------------
Title: ----------------------------
Date:----------------------------
Approved as to: ________________________ _
By:---------------------------
Date :--------------------,,---------
Approved as to: ________________________ _
By :---------------------------
Date:----------------------------
OTHER:
ATTEST AS TO SIGNAroaES:,,._..,,.. ________________ _
Title :----------------------------
Date : ----------------------------
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Distribution List
Comprehensive Metro Mutual Aid
December 12, 1 996
Les Acker
Bill Scott
Stanley Bush
Robert Christoffersen
Doug Darr
Terry Green
Tommy Grier
Steve Griebel
C . A. Gunderson
Jack Hurst
Dan Montgomery
\ Brian Nielsen
~ 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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BY AUTHORITY
ORDINANCE NO. _
SERIES OF 199611997
COUNCIL BILL NO . 60
INTRODUCED BY COUNCIL
MEMBER HATHAWAY
AN ORDINANCE APPROVING THE REZONING OF THE BROOKRIDGE
SHOPPING CENTER LOCATED ON THE SOUTHEAST CORNER OF
BELLEVIEW AND SOUTH BROADWAY IN THE 15100 BLOCK, CURRENTLY
ZONED B-2, BUSINESS DISTRICT TO A PLANNED UNIT DEVELOPMENT.
WHEREAS, J . Michael Sprigs, ofBrookridp Shopping Center, Inc. submitted a
P .U .D. application to rezone the Brookridp Shopping Cent.er from the B-2, Buaineu
District to a P .U .D .; and
WHEREAS, the total site of the Brookridp Shopping Center encompasses 7 .9 acres
and is currently developed with a 59,175 aquare foot shopping center/office complex;
and
WHEREAS the proposed mini self -storage use is not a permitted use in the B-2
Zone District, but can be permitted if the rezoning to P .U .D . ia approved because the
rezoning process provides specificity on permitted USN and site amenities; and
WHEREAS, the propoeed P .U.D, will facilitate the build-out of the Brookridp
Shopping Center by permittin, the cle¥elapnmt of Nlf-at.onp unita on the under-
utilized eastern portion of the shopping cent.er lite; and
WHEREAS, the propoeed P .U .D. cliffen from the ~t B-2 Buaineu District
zoning of the site in that self-st.onae is prc,pmed u a permitt.ed uae; and
WHEREAS, the Englewood Plannini and Zoniq C-miNion held a Public
Hearing on October 8 , 1996 reviewed the propoul and filund :
1. The P .U .D. District plan with the additional conditiam wu
in conformance with the cliatrict plan requiremmtl and the
comprehensive plan; and
2. All required documents, drawinp, referrals,
recommendatiOlll, and approvals have been received; and
3. The P .U .D . District plan with the additional conditions is
comistent with adopud and pnerally accepted ltandarda of
developmmt in the City of En,lewood; and
4. The P .U .D . District plan with the additional conditiam ii
aubatantially cmliltent with the pala, objecti._, clpip
pidaliaN, policies and any other ordiDance, law or
req~t of the City; and
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WHEREAS, the Englewood Planning and Zoning Commisaion recommended
approval with additional conditions to the P .U.D.;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS :
Sed;jon 1. The Englewood City Council finds that:
1. The P.U.D. District plan with the additional conditions is in
conformance with the district plan requirements and the
comprehensive plan; and
2. All required documents, drawings, referrals,
recommendations, and approvals have been received; and
3 . The P.U.D. District plan with the additional conditions is
consistent with adopted and generally accepted standards of
development in the City of Englewood; and
4 . The P.U.D. District plan with the additional conditions is
substantially consistent with the goals, objectives, design
guidelines, policies and any other ordinance, law or
requirement of the City; and
Sed;jon 2. The Planned Unit Development attached u Emibit A for a portion of the
Brookridge Shopping Center is approved with the following conditions:
1. Centennial Avenue: 2" caliper trees spaced 20 feet apart shall be planted &om
the comer of building 2 to the east end of building 8.
2 . Belleview Avenue: Two additional honey locust trees, 2" caliper, inatalled on
the northeut, to continue the plantiq pattern shown along Belleview.
3 . Parking Aisles: Two 2" caliper trees shall be planted on the west end of each
parking aisle neareat the lboppiq cent.er lltructure; this will compriae a total of
10 trees, two for each parking aisle.
4 . Irrigation : All landacapin( on-site shall be irrigated .
5. Fire Access : The developer shall reeolve the iuue of emergency acceu for fire
vehicles to the Fire Manhall's satisfaction, specifically:
A. The tuminc radius for fire department acceaa.
B. Any portion of the facility or any portion of an exterior wall of the 6nt
story of the building must be located within 150 feet &om flre department
access u measured by an approved route around the uterior al the
building or facility .
6 . Use of Storage Units: The storap units shall be used for •storage• only .
7. Prohibition of Vehicle Rental : There shall be no nmtals of trucb, tnilen, or
can &om this 1ite.
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8. Character of Development: The developer shall U8e the same facade materials,
colors and architectural character for the mini-storage units as is Wied in the
remainder of the Shopping Center.
9. Roof Style: The mini-storage units shall have pitched roof lines.
10. The setback on east side shall a 10 ft. landscaped buffer.
11. A double sided, wood, 8 foot high fence shall be erected along the property line on
east side of the development from Belleview to Centennial.
12. HOUJ'I of operation shall be restricted to 7 a.m. to 9 p .m . seven daya a week.
13 . The setback on the East Centennial Avenue Bide shall be no leu than 8 feet and
landscaped as specified by Planning Commiuion Recommendation No . 1.
14. The gate entrance between buildinp 1 and 8 OD East Centennial Avenue shall
be wrought iron or aesthetic equivalent. The fencea between buildinp 10 and
12, from the northeast corner of building 12 to the eut property line, and from
the southeast comer of building 8 to the east property line shall be six foot chain
link .
15. Landscaping along the East Centennial Avenue Bide shall conform to the
Planning Commiaaion Recommendation Condition Number 1 and at least 50%
of the llhruba shall be at least 5 gallon size.
16. All of the Conditions listed in this Ordinance shall be noted OD the PUD.
17 . The PUD shall include a note that parking will not be allowed OD the north side.
Introduced, read in full, and pasaed OD first reading on the 4th day of November,
1996.
Publiahed u a Bill for an Ordinance OD the 7th day of November, 1996.
A Public Hearing WU held on the 2nd day of December, 1996.
Reintroduced, read in full and amended OD the 16th day of o-mber, 1996.
Publiahed u amended, on the 19th day of December, 1996.
Reintroduced , read in full, and paased on final readiD( on the 8th day of
January, 1997 .
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Published by title aa Ordinance No._. Series of 1997, on the 9th day of January,
1997.
'lbomu J. Buma, Mayor
ATTEST:
Loucriahia A. Ellis, City Clerk
I, Loucriahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby
certify that the above and forepin, ia a true copy of the amended Ordinance puaed
on final reading and publilhed by title u Ordinance No. _ _, Seri• of 1997.
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jg~ Heights, .
, Brookrid.ge Heights Third Filing in ,.the · .
..mship 5 South. Range 68 West . of the .6th
:y. Englewood Colorado . ~ . -.. ~ .. . .:. .
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ORDINANCE NO. _
SERIF..S OF 199611997
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BY AUTHORITY
COUNCIL BILL NO. 81
INTRODUCED BY COUNCIL
MEMBER HATHAWAY
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
ENTITLED "CITY OF ENGLEWOOD PROJECT AGREEMENT WITH RTD FOR
TRANSIT FACILITIES AND PARKING SPACES TO BE INCORPORATED INTO
THE REDEVELOPMENT OF COMMERCIAL REAL ESTATE NEAR HAMPDEN
AND SANTA FE (PRESENTLY REFERRED TO AS CINDERELLA CITY)"
BETWEEN THE REGIONAL TRANSPORTATION DISTRICT CRTD) AND THE
CITY OF ENGLEWOOD, COLORADO.
WHEREAS , the City is actively participating in the redevelopment of a
Commercial Redevelopment Property," currently known as the Cinderella City site,
located at Hampden Avenue and Santa Fe Drive; and
WHEREAS , the Regional Transportation District (RTD ) is constructing an
extension of the RTD 's cummt light rail system located adjacent to the west side of
the Commercial Redevelopment Property near Hampden and Santa Fe, presently
referred to as Cinderella City; and
WHEREAS, the parties wish to utilize mutual benefita from the redevelopment of
the commercial property, in-tly refem,d to as Cinderella City, and the RTD Light
Rail System by incorporating the propoaed retail and profeuiODal aervicee with the
light rail facilities ; and
WHEREAS, it is believed that the incorporation of the tnuit improvement& with
the Commercial Redevel(Jlmlent Property ia beneficial to both the redevelopment and
the licbt rail aystem; and
WHEREAS , with this incorporatian, the park:inc apecea may be uaed jointly by
tnuit uaen and patrons of the commerc:ial property , and
WHEREAS , RTD Bua baya will be uaed to brine c:uatmien to the commercial
property u well u provide acceu to the licbt rail .,-_; and
WHEREAS , RTD will contribute fundiq for the tranait improvementa in the fiud
amount of S2, 700,000.00;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
S@stigp 1. The lntersovernmental Ap.ment between the Retponal
Transportation District (RTD ) and the City of Enpewood, Colorado, attached hereto
u "Emibit l," ia hereby ac:cept.ed and approwed bJ the Eqlewood City Council.
Socti!II 2. The Mayor ia autboriwl to .-te and the City Clerk to atteat and -1
the lntersovenunental Apeement for and OD behalf of the City of Eql-ood,
Colorado.
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Introduced, read in full, and puaed on first reading on the 16th day of December,
1996.
Published 88 a Bill for an Ordinance on the 20th day of December, 1996.
Read by title and paued on final reading OD the 6th day of January, 1997
Publiahed by title 88 Ordinance No ._, Serie11 of 1997, on the 9th day of January,
1996.
Tbomaa J. BW'll8, Mayor
ATTEST :
Loucriabia A. Ellia, City Clerk
I, Low:riabia A. Ellu, City Clerk of'the City ofEnp-ood, Colorado, hereby
certify that the above and foreroinl ia a true copy of the Ordinance puaed on final
readiq and pabliabed by title 88 Ordinance No ._, Seriea of 1997.
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EXHIBIT 1
City of Englewood
Project Agreement with RTD
for
Transit Facilities and Parking Spaces
to be Incorporated into the
Redevelopment of Commercial Real Estate
near Hampden and Santa Fe
(Presently referred to as Cinderella City)
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 City is actively participating in the redevelopment of a Commercial
Redevelopment Property, currently known as the Cinderella City site , located at
Hampden Avenue and Santa Fe Drive; and
WHEREAS , RTD is constructing an extension of their current light-rail system,
referred to as the Southwest Corridor Light Rail Transit Project, within the right-of-way
immediately adjacent to the west side of the Commercial Redevelopment Property; and
WHEREAS , RTO has entered into a Full Funding Grant Agreement with the Federal
Transit Administration (FTA) based on preliminary engineering plans indicating a
station . hereinafter referred to as Hampden Station, adjacent to the Commercial
RedevelopmentProperty;and
WHEREAS , an Environmental Impact Statement (EIS) has been completed in
accordance with the National Environmental Policy Act of 1969 for the Southwest
Corridor Light Rail Transit Project , which dictates that eight bus bays and 670 parking
spaces are required in support of the Hampden Station ; and
WHEREAS , the authority exists in the law and funds have been budgeted,
appropriated and otherwise are to be made available and a sufficient unencumbered
balance thereof remains available for payment of pro;ect costs ; and
WHEREAS . the City is responsible for administrating the redevelopment of the
Commercial Redevelopment Property, an activity center located at Hampden Avenue
and Santa Fe Dnve , into a complex which will provide a variety of retail and other
services for the public; and •·
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WHEREAS, incorporating transit friendly retail or professional services in
conjunction with the station area facilities is mutually beneficial to the redevelopment of
the Commercial Property and to the Light Rail System; and
WHEREAS, the City and RTD therefore desire to coordinate construction of RTD's
project with the Commercial Redevelopment Project.
NOW, THEREFORE. in ccnsideration 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 incorporation of the transit
related improvement(s) described below (hereinafter referred to as the "Project'') and to
provide a permanent transit easement to RTD at the Commercial Redevelopment
Property. Wrth this incorporation , it is understood that the parking spaces may be used
jointly by transit riders and patrons of the redevelopment and that these users are
generally focused at non-competing times of the day. It is also understood that the bus
bays will serve to bring customers to the redevelopment as well as provide access to
the light rail system , It is believed that the Project improvements are beneficial to both
the redevelopment and the light rail system and no effort is made here to quantify the
level of benefit to either party.
SECTION TWO
THE PROJECT
The Project will be constructed within the "Project Area" defined as an area within
1 ,320 feet of the Hampden Station (Exhibit A).
Project elements include :
a . Parking for 670 automobiles . The parking ratio shall not exceed 120 spaces per
acre. This may include shared parking with businesses that do not have peak service
needs coinciding with peak commute times .
b . An eight bay bus transfer facility , including one bay for articulated buses .
c . Pedestrian access from the parking and transfer facilities to the station platform ,
including access in conformance with the Americans with Disabilities Act (ADA). The
Project does not require , nor does RTD endorse, the use of mechanical devic:el (i .e.,
elevators, escalators) for such access.
d . Reservation of land , of the dimensions specified in Exhibit B. for the ina1allation
of a LRT (Light Rail Transit) traction power substation .
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e . Facilities designed and constructed for a 30-year life, requiring only routine
maintenance that does not significantly impact the services provided to transit riders
(see section 12).
f . Permanent easements to RTD for the transit facilities described above, including
the LRT traction power substation, and guaranteed access via easement or dedicated
public right-of-way, at the City's option, to and from the bus and parking facilities for
transit purposes and access to and from the LRT traction power substation and station
platform for maintenance purposes.
g . The Project does not include construction of the Hampden Station nor access
easements or construction of improvements outside of the Commercial Development
Property.
h. RTD will provide project design guidelines to the City to implement the described
improvements, and shall concur in final design prior to its financial participation in
construction of the improvements.
SECTION THREE
FUNDING
RTD will contribute funding in the fixed amount of Two Million Seven Hundred
Thousand Dollars ($2,700,000) to the Project. Of this amount, RTD will contribute a
maximum of $200,000 for design costs in 1997. Additional sums may be billed to RTD
in 1997 if actual construction, which includes demolition of the existing parking structure
in the Project Area, commences in that year . During the period of construction, RTD
will be billed at intervals of not less than 30 days, based on a percentage completion of
the Project. The City will provide copies of Contractor invoices along with the City's
invoice to RTD . RTD has the right to inspect all work performed prior to payment.
SECTION FOUR
ELIGIBLE COSTS
Since it is recognized that costs eligible for reimbursement by the RTD under this
Agreement may be part of a larger project and includes shared parking with businesses
that do not have peak service needs coinciding with peak commute times, such eligible
costs may include , but are not limited to, the actual coat of the acquisition of real
property . design and construction of the approved Project.
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SECTION FIVE
CITY REQUIREMENTS
a . The City or its agents will prepare any necessary permanent and access
easement instruments for the Project. Costs for title insurance and incidental real
estate transfer costs are included in RTD's financial contribution .
b. The City or its agents will provide design document review, design, inspection,
testing and engineering services for the Project. Said services are included in RTD's
financial contribution .
c . The City or its agents will obtain permits and approvals for the Project and will be
responsible for citizen review and public agency coordination, if any . All costs
associated with these activities are included in RTD's financial contribution.
d . The City will construct the Project, or portions thereof, or cause it to be
constructed in accordance with appropriate local, state, and federal laws .
e . The City or its contractor will permit and will require subcontractors to permit the
RTD to inspect all data and records with regard to the Project . The RTD also may
require the City to furnish at any time prior to closeout of the Project, audit reports
prepared according to generally accepted accounting principles.
f . Final payment by RTD for construction is expressly contingent upon substantial
completion of the work to be performed under this Agreement on or before January 1,
2000 . The City shall obtain RTD's final inspection and written concurrence in the
acceptance of the completed Project improvements on or before March 1, 2000 .
SECTION SIX
TIME IS OF THE ESSENCE
The City acknowledges and understands that RTD is committed by contract with the
Federal Transit Administration to completing its Southwest Corridor light Rail Project ,
including the Project improvements by July, 2000 . The City warrants that all work
contemplated by this Agreement shall be substantially completed not later than January
1, 2000 . In the event that it appears to the City or RTD at any time that the City will be
unable to complete the Project by that date. or to construct temporary substitute parking
within the Project Area, or if the City has not begun construction of the Project by July
1, 1998 , the parties shall so stipulate in writing, and RTD shall have the option to cancel
this Agreement , or to itself construct temporary substitute parking within the Project
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Construction by the City of temporary parking shall not cause an increase in the
financial contribution of RTD, and shall not relieve the City of the obligation to complete
the Project at a new date to be negotiated by the parties. If the City cannot complete
the Project by the new date of completion, the City shall convey to RTD the temporary
parking area plus improvements for not more than the City's actual cost of land
acquisition and construction or $2,700,000, whichever is less. In the event that RTD
completes the temporary parking, any sums expended by RTD shall be deducted from
the $2,700,000.
SECTION SEVEN
DESIGN APPROVAL
All plans and specifications for construction of the Project shall be reviewed by RTD
before any construction work is implemented . RTD shall have fourteen (14) calendar
days to comment on plans and specifications submitted. In the event that RTD and the
City do not concur in the design of the Project, including demolition and reconstruction
of existing facilities, RTD shall have the right to withdraw from the Project. In the event
that RTD chooses to withdraw from the Project, RTD shall not receive a refund of any
amounts paid at the time of withdrawal, but shall have no further obligation, financial or
otherwise, to the City.
Any change of design made after RTD review and concurrence, and all change
orders which directly impact the Project shall be submitted to RTD prior to being
implemented. RTD shall have not more than 3 working days to submit its comments on
such changes. RTD has assigned Andrew Leong 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 EIGHT
RIGHT OF INSPECTION
RTD shall have the right to have an inspector present on site at any time during
construction and to have a representative at any construction or other meetings.
SECTION NINE
RECORDS
The City shall maintain all books, documents, papers, accounting records and other
evidence pertaining to costs incurred and other performance hereunder and make such
materials available for inspection at all reasonable times during the construction period
and three years from the date of acceptance of the Project by RTD. On request, copies
of such records shall be furnished to RTD for RTD's permanent records .
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SECTION TEN
FINAL INSPECTION
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The City shall obtain the RTD's inspection and written concurrence in the
acceptance of the completed Project or portion thereof.
The RTD, upon granting acceptance, and receipt of invoices acceptable to and
approved by RTD will within thirty (30) days thereafter, make payment in the amounts
specified in Section Three above, in conformance with the conditions stated herein.
SECTION ELEVEN
AS-BUil T DRAWINGS
The City shall provide to RTD a complete set of as-built drawings for the Project
upon acceptance of the Project by RTD.
SECTION TWELVE
MAINTENANCE OF PROJECT
The parties contemplate a joint use project, for which a joint use maintenance
agreement will be negotiated . The RTD will contribute to maintenance of the Project
during its useful life, and shall maintain the LRT passenger platform and the LRT
traction power substation at its own cost. Maintenance will include, but not be limited
to, snow and ice removal, provision of sanding and deicing agents for vehicular, bus
and pedestrian access, and the removal of such sand or deicing agents as deemed
necessary .
SECTION THIRTEEN
PERMANENT TRANSPORTATION EASEMENT
In consideration for the Project funding provided by RTD, the City shall ensure that
RTD is provided a permanent transportation easement in the Project Area. Con-
veyance of said easement shall take place in a timely manner after the City finalizes
and arranges for ownership of the Commercial Redevelopment Property. This
easement shall allow RTD non-exclusive use for mass transportation purposes and for
any uses in accord with its statutory authority (excluding retail sales), currently
described at CRS 32-9-101, et seq. Project construction shall take place in the area of
the easement.
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SECTION FOURTEEN
CONTINUING TRANSPORTATION USE
In consideration for this Project funding, the City shall allow RTD use of the
improvements funded hereunder for transportation purposes pursuant to CRS 32-9-
119.
SECTION FIFTEEN
HOLD HARMLESS -RTD NOT LIABLE
The City shall ensure that any contraclofs it retains for any work on the Project.
including, but not limited to, design and conwuction of the Project. shall name the RTD
a third party beneficiary of any contraca wllh the City, and al hold harmlea NCtiona in
any such contracts shall indemnify RTD to the same extent that they indeffll rify the City.
RTD shall be an additional named insured on any policy of insurance held by any
contractor to the City for any work involving the design or construction of the Project.
The City , within its legal ability to do so under the Constitution of the S1ate of
Colorado and its home-rule charter, and without in any way or manner intending to
waive or waiving the def8ntes or llmltationl on damages provided for under and
pursuant to the Colorado Governmental lnmunity Ad (Sec. 24-10-101, et seq. C.F .S.),
the Colorado Constitution, its home-rule charlltr or under the common law or the laws of
the United States or the State of Colorado, lhall Indemnify and save harmless RTD
against any and all damages which ant nlCOY8r8d under the Colorado Governmental
Immunity Ad and reduced to final judgment in I court of competent jurildlction by
reason of any negligent act or omiuion by the City, 1111 agents, offlcerl, or employees,
in connection withJhe performance of this Agl98fflent.
SECTION SIXTEEN
PROHIBITED INTERESTS
No officer, member, or employee of the RTD. and no memberl of its governing
body. and no other public officill or~ of the governing body of the locality or
localltiN within the diatrict during hia or her llnln or tor one year 1herNIW, lhall hava
any intarest, direct or indirect. in lhia Ag,..,,,.., or the prooaeds thereof.
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SECTION SEVENTEEN
MISCELLANEOUS
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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 of Development
and Engineering
RTD
1600 Blake St.
Denver, Co. 80202
Charles R Esterly, Director
Public Works Department
City of Englewood
3400 S. Elati St.
Englewood, Co. 80110
2 . Severability. Should any provision of this Agreement be declared invalid by any
court of competent jurisdiction , the remaining provisions hereof shall remain in full force
and effect regardless of such declaration .
3 . Equal Employment Opportunity . In connection with the performance of this
Agreement, the City shall not discriminate against any employee or applicant for
employment because of race , color, religion, sex, national origin, age, marital status,
being handicapped, a disadvantaged person, or a disabled or Vietnam era veteran .
The City shall take affirmative action to insure that applicants are employed, and that
employees are treated during employment without regard to their race, color, religion,
sex, national origin, age, marital status, being handicapped, a disadvantaged person, or
a disabled or Vietnam era veteran . Such action shall include, but not be limited to, the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination ; rates of pay or other forms of compensation ; and
selection for training, including apprenticeship .
4 . Agreement Binding . This agreement shall inure to the benefit of and be binding
upon the successors and assigns of the parties thereto .
5. Laws to Apply . The Project shall be carried out in accordance with the laws of the
State of Colorado and all applicable Federal laws and regulations , and all local laws ,
ordinances and regulations.
6 . Amendment. This Agreement may not be amended except in writing by mutual
agreement of the parties, nor may rights be waived except by an instrument in writing
signed by the party charged with such waiver .
7 . Terms of Agreement. The terms of this Agreement will continue through the
completion of the Project and receipt of final payment from RTO .
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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 FOR
REGl~PORTATION DISTRICT
By _/ -c:L-C, .
Legal Counsel
ATI'EST:
Loucrishia A. Ellis, City Clerk
CITY OF ENGLEWOOD:
By ___________ _
Thomas J. Burns, Mayor
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Exhiblt A
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' \-;-"-··--,----S-8-L_R_T -~--------,----_:..;-~--,---NB-F-R-E-ICH-T---.------~
I I EXISTING TRACK I
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NB LRT
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883-+<IO
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~-=====~-~--~--=----=~-=-~-~-=-===~-=-~-~-==-=-=-~-=-~----~-=-~=-~-=~=--~~
12' GATE
CINDERELLA
CITY
31'
'.d 10 ----
\ .......
ICAl.l •• '"' Exhibit B
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~ARCINO._
SERIES OF 199611997
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BY AUTHORITY
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 .
WHEREAS, the City of Englewood, the City of Littleton, the City of Greenwood
Village, Arapahoe County, Douglaa County, and the Urban Drainage and Flood
Control District participated in a drainage muter plan for Big Dry Creek which
recommended certain improvementa at Windermere Street; and
WHEREAS, the recommended improvement. are to be conatructed by the Colorado
Department of Transportation (COOT) as part of the Windermere roadway
improvementa; and
WHEREAS, the Agreement covers financial commitmenta related to bridge
construction and channel improvement. OD Big Dry Creek at South Windermere
Street; and
WHEREAS, Urban Drainage and Flood Control District will make paymenta to
COOT in the amount of $150,000 .000 for these improvementa; and
WHEREAS, the City of Englewood's share for the Windermere Street
improvementa bas been traded for lanchc:aping OD South Santa Fe;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD , COLORADO, AS FOLLOWS:
$a;tigp 1. The lntergovemmental Agreement between the Urban Drainap and
Flood Control District and the City of Eqlewood, Colorado, attacbecl hereto u
"Exhibit A," is hereby accept.ed and approved by the En,lewood City Council.
$a;tion 2. The Mayor is authorized to e:uc:ute and the City Clerk to atteat and aeal
the Intergovernmental A,reemeot for and OD behalf of the City of Englewood,
Colorado.
Introduced, read in full, and paued on fint readiq OD the 16th day of December,
1996.
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Publiabed as a Bill for an Ordinance on the 20th day of December, 1996.
Read by title and puaecl on final reading on the 6th day of January, 1997.
Published by title as Ordinance No ._, Seriea of 1997, OD the 9th day of January,
1997.
Tbomu J . Burna, Mayor
ATTEST:
Loucriabia A. Ellis, City Clerk
I, Low:riahia A. Ellis, City Clerk of the City of Eqlewood, Colorado, hereby
certify that the above and forepinc ia a true copy of the Ordinance palled on final
reading and publiabed by title u OnlinaDce No .__, Seriea of 1997.
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1 .11. 11 qp!;I );,;fl;af n ta 1H~
;l 1J ;~.§ ! 11 §3 ~ r~ .~hi~l .. ip~ a~
1 .. 1 1•J ,3 · r,1 .. , -r:a ... 1rif fl =I .. ~ >
-·~ ii : lt"t 1 f!t 1 lf=J·~ '1 n P ~ I HI 'h ~il I i!1l 1J·~1d ! li·HI lH 11 ; ;:1 Ir; !H 1 !P,i hJi,n 11 Hhr i'• 1~1 Q ;I; 1Jt tit I 1'i ;1 Jll Hi I ifhi 11"1, it Iii
11r ~1 .. J ~ i ii ii ~. 11 I~ .. 3! ~I it' , 1 ., ;1, · " • ;J i ilj
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Cou1ruc1io11 shall be ia conformance with Pan&nPh B. MANAGEMENT PE
CONfflUCJ]QN.
J. PUBLIC NB'J!MITY
DJSTRJCT and CITY qree dial the -" performed pursuant to this As-ii
-.y ror the health, safely. mmfort, com,micnce, and welfare or all lhe
people or the State and are or puticular benefit to the inhabitants or the DISTRICT
and CITY and the prupeny lhereia.
4. PBOJE.ct CQSTS
A. Qcfinjriqa qi PmjOGI Com DIS'BICT and CITY acree that ror the
purposa ol lbil Acr-mmc, project C011S far the scope, u defined in
Pancraph 2. above, sllall CCllllilt ol, and be limited to, construction and
CXlllllnM:lim ielad mvicel.
8. EllimMI PmjOGI OW,. The ellillllllld Clllll associated with the projc,cl as
defined above are as follows:
C--A C-uction Relaled
L Contlnldioa
b. Field Surwyin&, Sllkia&,
Inspection and Malerial1 Tellin&
c. Continpncia
Tocal
$413,200.00
41,300.00
,5 Don
SS00,000.00
This breakdown ol COIIS ii for ellilllllin& only. Coils may vary between the
various ~ ol the effort wi~ amendment to this As-t provided
IOl&I apenditula do not ac:eed the -imum contribution by DISTRICT
and CITY.
5. AI I PCADQN OF CQSTS AND flNANQAL CQMMD'MEI'ffl OF QIUBJCI
ANDCITJ
96-10.05
A. Muimm Oe!rib!OP nt VmiWiPPI DIS'BICT and CITY 111111 ext,
c:ontribule the followin& !N*c:ewaccs &ad IIIUi-&IIIOUllll ror elements of
project u defined in l'lrqnphs 2 and 4 or this As-t:
DISTRICT
CITY
Pen:eara&c Maximum
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Cqgrribalilt
S150,000.00
350 ggogo
S500,000.00
la -dw:e with laollllm No. 11, Saia of 1973 and laolulion
No. 49, Scria ol 19TI, Ille -....... , be after IIIIICnc:lifta -.
federal, or odler -ol ,...._ ad1lllillc •Y c:ontribuliml r-the
DISTRICT. llowe¥er, .... CITY aay NCeM from Ille paYfflCIII in lieu
of lUa t'ar Fedenl fads, Petlml ._ Slllrin& l'raclllll, Federal
C--ily Del 1lap IPI ,...._, « adl liaillr dilCl'Clionlry pmcra1111
as llll'ftMd by 1M DISfflCT"s ._. aay be COllsidered as 11111 applied
~CITY's-.eofi Q I I ICOIIS.
DIS'nlCT m CITY ~ .. CITY'S c:maibulioa ~ die pmJecl
ii 111ina applied -.I h C r 1 • Salldl SW Fe Drive.
I . PaXIWM wl 6mWMiea n. DISTalCT, .,. p,w •••• of a billH11 lly
CITY rrma COOT far ..t 1m wpli:+ed, al1 re111i1 willlia )0 clays lO~
of die lllllMt ID CITY• COOT(• CITY'S diNcdon) • ID a -~
....,... of 1150,000.00.
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6. FINAL DESIGN
The final desip of dais panioa of the Bi& Dry er-ll Windermere draiaacc and
flood control impnw-ltl will be prepan,11 by the Colorado Dcpanmcn1 of
Truqporwion. Periodic: mee1inp ~ CITY and DISTRICT will be ananccd
ID =icw the procras and raohe questions. All chances ID the dcsip will be
directed by CITY only after cmsullllion and llftCIIICIII with DISTRICT.
7. OWNERSHIP Of PROPERTY AND LJMJIADQN Of USE
DISTRICT and CITY acknowlcdp thll the Colorado Department or
Truuponalion ha prupeny ripll required ID construct the projccl dacribed in
Paracraph 2 of this Acnement. If, in the futur&, COOT dispo,a or any portion of
or all of the propenies us-which this proja:l is COIIIUUCla1 punullll lO dlis
AS-I, chanca the use of uy portion or all of the propenia upon which 1his
proja:l is construcled puniaM IO dlis Ac-, or modifies any o( the
inlll*D-11 localed on uy panioa ol the propenies upon which this proja:l is
c:onllrllCled pul'IUIIII ID this AS-, and COOT ha IIOI oblained die wriucn
approval of die DIST1tJCT, 111d CITY prior IO such action, CITY shall CDOpenlC
with die DISTRICT in u -.. ID -,e aid unauthorized activity and return
die properties and im~ "-'-· acquired and constructal punuanl In lhis
Asreanent, to the ownership and condition they were in immcdialely prior ID 1hc
unauthorized activity.
B. MANAGEMEN[ Of CQNSDUCJ]ON
A. The PARTIES acree thal die Colorado Department ofTransporWion shall be
responsible for the admillitlnlioa al COllllrUClion related wort . DISTRICT
111d CITY shall -it widl COOT ad pnwide die aai-nmded ID
lrmlllplisll -lK:UCIII.
B. DISTRICT ad CTY ,._. all lllve amss ID the sile darillc
-IICliaa a Ill U. ID .... tk pn111W ol-'t 111d ca11ran.icc 10
pi.. 111d lplCiftcaian.
C. DISTRICT IMII temit pa,-to CITY llld/or COOT u SCI forth in
PansnPh 5.
D. PARTIES IMII joially coadllcl a 11..a iMpec1ian of c:ompleled facilities.
E. crrv will provide DIST1l1CT -SCI of mylar reprodUC11lle ·u c:anstructcd"
drawiap -pnwided by COOT.
9. CHANGE QRQl!RS
I• die ewna dill, ill die P,,WUOOII al the -it Ulldcr the constn1Ctim1 aJMrael(s).
it ~ .-sary or advillllle to ~ die a,pe or derail al the -it to he
performed Ulldcr the CIIIIIUICl(s), a c:t.ee on1er -be procaal. Suell ct..ncc
onler NII be appnwed by all c.raailll Officer• defined ill ,...,..ii 15 .
In the -thM 11ty c:lllllp onten ,... .. --. in addition ID diem whicll ha...:
prfflOUlly been...,.....~ per......,. 5, 1he app,,Dpiiale sllares
ol IUCh additional coa shall be coaplllld ill die -fashion u -die ori1inal
.._, llhall 1equi19 approval by --.I_.. ID dlis Ac-t, 111d .:II
additional -.. NII be~ by all PAlt11ES prior to 1111 ~ onler
beiftl illllld.
10. MAll(l]!NANCJ!
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TIie PAl11ES 11'9 ... ID .. _,._.... by COOT, CITY_._
NiW o( ... __,.... ia+O I 1111 widlin ill NlplCIM jail*liow
ICqllilllll by vina ol dlls AS--1111 PAl11ES MIiier ..... DISTltlCT
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-, ulill CITY willl dlC ali e al all impl...aaadJ COllllrUCled CIC
modified by vm. al dlis ~ ...... aa availability of DISTRICT
r.ds. Suell -· e aaia.:e -a lie limiled ID daimp and flood CXIIIIIOI
,-.... al lllC pnljel:t. ne lpKiftc -ad w al Ille -i-nce millulce
....... let fallll _.., ill a al wlaAidbac --DISTRICT
ad CITY. Yr" e miaw:e-, illdlldc IClmlia such• aepiDc flow
-,_ .. clar al ddlris ad lill; Cllllill& 111d c:oallOllin& paa .. weeds ill
... cllaael ripl-af--,; ..... aal-u ,._ al debris and ..-; .....
.... _. flDad G*lul .-adl u 4111p IIIUCblleS, and mau
diaipaln; ..... tladed ..... al cllaancl; and clan-up -aftlr
...... al...., .... .
ne DISnJCT ....... ripl-af--to ri&IU-of-wa:, and-..._.
.... • ...... far ........ al llaod rmll'Dl facility Cllllldldaa ....
far ... ,... -&¥&illllle.
11. fl QQIPIAIJt IUliJJLUJQN
CITY ..-111 ..... ad G*1u1 -, lloadplaia of Iii& Dry C1at willlil ib
....... ;..· .. d .. .., lie ..... ia die -pna:ribed by tllt
NMilall f1ood S-l'nlpla ad plCICrilled ieplalions dlcnlD, • a
..__ 8-wer, ii is napiad 11111 dlil ~ C11111C11 ablia-CITY ID
aamt, fail ID aen:ite CIC aadif:, tllt aen:ite al ill Npl-, or police ........
If CITY fail ID ...a-die flaadplaill al die Iii& Dry Creek willlill ill ltlplCliw
jllrildicliaa ill die -pna:ribed by die Naliaaal f1ood Insurlllce ............
,._..i ....... ..._.a.._, die DISDJCT-, aerda ib poau
ID 4D • all CITY ... CDapllMI r.a,.
11. JJ!INP«AJYl!I mz &CPfllffl'Q'
Tllil A..-.., .......... 111in:, (]O)..,. ..... 11111a by lidler
,_.,,.aaalyif.._ __ cl I , f 1--=is. If.._.,
w · I f I 01M11m. dlia A,.--, aal:, be ...... ..-die
ceeoePerioe al all ··•· I •, NM .... w. AD costs llmdlllld widl die
--Uerioe al die CIIMillplll w aall lie llrmld ._ CITY ad
DISnlCJ' lllbjecs ID die ~ __. of Ilda Pars:,'1 caasribusiaa U let ........
13. JJ!IN mi me AOBfllffl'Q'
'l1le ... aldlia ~ _.. _ .... flllll eucusiDa by t11t PAR111!5
................. _.. .......... a:li.wsaldiepnijldall
..... ._ ,-. aftlr ._ 111111..,._ is ... ID die rmMIIICSiaa CIIISIKD
ad ._ 111111 ~. al llada • .... IS CITY llld/or CDOT ii pnMdld ID
DIS'nlCT ...... ID ........ S ..._, ... far ........ 11.
fl OCJ>rk\JN ll!QIIL\llQN, ........ 7. QWNEISRIP Of PIJOPEITX
&NQ YM[[A]]ON Of YD. ad ........ 10. Nft:pm;Nft:NCE wllidl ..u
_be .........
1,. IJ61Pn:Y Bad!..., .... 111111 lie I Ill far ay lllill, ........ Cllll'I or acsiaM IS .......... ha·-------.., ........ ... ,,,,,,,, ..........
1S . mN'J'IACJNQ Off'CPI AND NJJIR.1
96-10.QS
A . '1111 DMI rs, af'llca lar crrY ... lie tllt Clly ........ Clly al
e.• -:woo ...... ...._.., .-. co m110.
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11111:111 1;111 iiii!lilfl!lii i!!lililil1111;:; I; 1
1ttlit ~l!J -J~,f Ji~ !t fi !1'ti11·1~1 iti·1~,1~!
.• I ,,, II' l II II is. 'C & l.,.f. 11
-IJ ~1lt 1l llii liJ ti II I !1·1 1 ,.; i'lii~: II 1·'·11 !JJ• f 11 1t l ! II 11' t}Jflja ;1• 1!1111 11 1! ,h 11 a I ti J =·I ith, i
I IJJ ,r .f I J'J )1· I! s '.fl 11.f a.I, al
) . I JJJ d·1 J ·, .~ I ilh if I ttH~= 1t f{J:n ;if I ~i! f 1 !! , PH · ii IIJ} I
11 ! 1f~ ·ti ~:1 ~ ,, i ii. i1 i1f; J
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l'eqllir a ol a priar ...... pdactw ol llaldl dlllldur by die Clay Cawil ol crrY
adlrll ...... ol Dlm:lan ol DIS'mlCT.
25. NQ 11PIP PAIIX PNfPKDIQ!.1
11 la llpllllllJ ....._. _. ........ mfor a oldie tams ad cmdiSiou
ol dlis Aai C, .. II ripSI ol KSiml .._. ID IUdl enfixw, lllall be
-.:slJ-* ID 0TY .... DIS'BICT, aad lNJlbine aJll3ailled ia dlis
A,.-.......... .., ... cllia. ripS ol action"'.., adlcr.
dlinl ,._. adl ~ 11 II•..-i.-sioa of crrY ad die
DIS'nlCT .. .., ......... arY ... DIS'l1tlCT ..... ..,,...
.11w121 ........ ~ .......... ID ... incidaallleadlcialy -,.
Wlll!UFQU, ............. _.. ... .._.ID be ..... ~ flUPIIIJ
.............. o1 ...... ,....._ ......
AT111ST:
Loucriebia A. &llie, City Clerk
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.,, _________ _
Thoaa• .1. Burne
1'11111'--....IMll&¥ilSOl:llC"-------
O-, _________ _
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AGlll!Ml!tff UOAm>INO CONSnUC110N OF
DRAINAGE AND PLOOD CONftOL IMPROVEMENTS ON
BIG DRY CRl!B AT WINDEIMEllE. CITY OF ENGLEWOOD
UDl'CD ~ No. 96-10.05
EXllllrl'A
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COUNCIL COMMUNICATION
Date Agenda Item Subject
January 6, 1997 11 a 1 Phase 18 Construction Contract
INITIATED BY STAFF SOURCE
Littleton/Englewood SupeNisory Committee Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approval of Professional Engineering Services for the Phase 18 expansion pro;ect -September 5, 1995
Council approval of Construc:tion Management Services for the Phase 18 expansion project -November 1 a. 1996
RECOMMENDED ACTION
The recommended action is to approve, 11J MIIIIIII, a construction contract wilh Centric-Jones for the Phase lb
Improvements at the Littleton/Englewood Wastewater Treatment Plant in the amount of ...,.,._
BACKGROUND, ANALYSIS, AND AL TEANATIVES IDENTIFIED
The Phase lb projeCt was approved in concept in the Long Range Master Plan, whid1 was approved in 1911.
The timing for the project is driven by growth in the Littleton/Englewood Wastewater Trealment Plant's service
..... Unexpected Qrowlh (up to n. per year) in the '90's incrNNd hydraulic, ammonia, and organic loading to
the plant . Expansion of facilities now will resul in meeting future loading requirements.
Not proceeding with the expansion may result in a tap moratorium in the service area, potentially u soon u the
year 2000. In addition, as the facility loading approaches the design capacity of the plant, pennit compliance will
become more dlffia,11 .
The Long Range Master Plan for the plant identified the facilities needed to operate the plant in compliance with
discharge permit limilations to approximately 2015. The plan also identified facilities and space requnments to
meet needs in the year 2CMO . The plan was ltaged in ~ to accomrnodale the onlerty expansion of the
facillly to meet growth and regulatory requnments. Phase la. the first and lal'gell phase of the plan, was
completed in 1992. This projeCt included the replacement of the Englewood WWfP, new ammonlll removal
facllltles, odor reduction facilities and nltlabilltation of some exiltlng facilities .
Pl\ase lb includes additional treatment capac11y for organic malerial and amrnonlll to accommodate service aru
growth, some odor conlrol facilities. ~ of IOlldl handling facilities, dige9ler gas management facilities
(replacement of the emling co-getNll'lllion lylleln) and dlgNler rehalllbtion. The project deligrl has been
completed by Brown & Caldwell and the conllrUCtion management connct for this project wiltl Brown & Caldwell
has been approved .
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Tine conlrlldors IUbmilted bids for the project. Bids were opened on Declmber 12, 19118, with the following
191U1s:
$17,700,000
$17,230,449
$18,879,000
The bids .. below the engineer's es11m11te of 111,400,000. The bids .. wlllln lix percent of NCII aaw.
l11dlcall1111 the bids .. 'good' bids (I .e., no llg11lllcen1 .......... 111111111 of the bkldillQ doa.mera.)
8nMn & c....... 11as l'9Vlewed the bids end clleermllled 1111._ bids .. ac caplalN and com..-. Cenlric-
Jora II the low rapolllMI bidder.
The pnljecl Is ....-S to begin in January 1117 end be campllle In ... 1118.
The ,bid amourt Is induded In ._ five ,-r caplal plan for._ plart. The prajecl Is bllllgaled In 1117 and funds
.. avalllllle to campllle .. projec:t in 1118. AddlloMI funding 90UR»I .. nol f9qllired. The low bid is below
._ •igillW's elllmlle. Projecl CDIII wll be 11111 50/50 bllwNn ._ c:11111 of EngleU>Od end LJllllan.
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COUNCIL COMMUNICATION
lnltlaladBy
n...--t of Admwiiltralive SeNices
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
StaffSource
oflnfo.Sefvicas
Passage of Resolution No. 38, Series of 1989 -Autholiziug purchase of the Q.1"9ffl City PBX
Telephone Syatam.
RECOIIIIENDED ACTION
PBX Tellphone Syam bid lo
wll be purdl111d on a M yell'
BACKGROUND, ANAL YIIS, AND ALTERNATIVES IDENTIFIED
Cunenlly, the City has 18lephone IWlchel lit City Hal {which allO IUpports Saf9ty Services),
the ServicenllN' {which allo supporta the Bi-City W1lll'Rlllr Tntalment Plant), Recnatlon
Cenlar, Golf eou,-, and Malley Senior Cenllr. Al 11e1e syama .,. Q.lrrenlly conftgunld to
operate on analog lines from US Welt and not al of the IWilctlN .,. networked logaher. US
Wat allo provides maintenlnc:e and pelforml aty needed pn,grlllN'fliig changes on ttl8le
lystaml.
The purpoee of this bid is to replace al of the eJdlting IWilctlN wiltl convnon equipment that
would be conftgur9d In • networtced anwigenall The lWilctlN .. conftgur9d lo eupport
dlgllal linel and can be admi ill1r9C:I flam • cenlrlll locallon. The bid allO lncludN illl1lllian
ot a c,utrallzed Voicl Mall lylllm lit Cly Hal lo NMt al loclliol•. •
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BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENT1FIED (CONT.)
The bid process was coordinated with the Purchasing Department and a telecommunications
consulting company, Cybeftink 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 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 Miler Buldlng . This location
was not included in the original proposal since at that time we did not know if we had Hnes
between City Hall and the Mier Building that would support a phone swild'I. Since then we
have located lines and have tested them to ensure that a phone swilch could be supported at
this location.
We have also included an option for an Unintenupllble Power Supply at City Hal. We had this
priced as an option in the event that we could obtain better pricing from a third party vendor.
We have determined that this price would be the best for the City Hal location.
The balance of the options ant upgrades and aoftware enhancements that improve the
func::tionalily or efflciel icy of the phone equipmn lhllt w bid. PurdlWld wlh the initial
installation of the phone equipment. thele optionl rwlect ligllificant uvingl over being
purchased separately at a later date.
FINANCIAL IMPACT
Funds for the 1997 portion of the lease ant avalable in the 1997 C8plal PIOjeds Fund
(FYCP).
USTOFATTACHIIENTS
Bid Proposal Tabulation Sheet
Bid Proposal Evaluation Matrix
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ENGLEWOOD BID PROPOSAL EVALUATION MATRIX
BID ITEM • PBX Telephone System
Criteria Weight HICountry .......... LUNIII ........ MIii
Equipment and software proposed satisfies or exceeds yes or no yes yes yes yes yes
requirements and speclllcatlons
Proposed price consldertng City's future plans and total cost over 11 15 115 12 11 11
nextftvey ...
Price stability for labor and materials over life of project 10 8 10 4 15 7
.£
Completenen of respol'INI lo RFP and requirements and I 1 3 4 15 1
speclllcatlons.
Vendor evaluetlon 10 8 3 10 10 •
Respondents understanding of work lo be performed es 3 1 2 1 3 2
demonstrated by proposal • . I ..,
Proposed lnstaNetlon plen for equipment and sol'lwse. compiles 3 3 3 3 3 3
with specllled completion date
Network capebllltles and feature tr..,..,_enclea between telephone 11 15 115 115 115 115
systems at all sites and Integration with central valce mall system
(message waiting llghts on phones at remote slel for valce mall
messages, releaH of DSO channels on tranal9ffed calls, calling
name and number dllplay between sites, etc.)
•user-frlendllnels" of proposed system management interfllce and 20 12 4 18 7 12
.... with which City personnel can make own MACS for PBX
systems and voice maM system .
Physical environment City must provide for IWltdling equipment 14 12 1 12 12 12
System ftexlblllty for future growth and ability lo change with I 4 4 5 4 3 .. advancements In technology
Total Score 100 71 IO 14 71 71
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FRON:
DA1E:
SllUECT:
Mayor Torn Bums r ·_ "•
Sue Bradshaw, Executiw~
January 6, 1997
Washington , D. C. &pen.es
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Per yaur request, the following are anfidpafed expenses for a bip to Washington,
D. C. at the end of January, 1997.
Airfare
Lodging
Food
iackets
Tux Rental
Total
$307
810
270
174
W2 am
If !,'OU have any further questions, p&e.. ... free to -
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TO:
FROM:
DATE:
SUUECT:
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Mayor Tom Burns r · _ 0..
Sue Bradshaw, Executiw~;
January 6, 1997
Washington, D. C . Expenses
Per your request, the following are anticipated expenses for ~-~I> Washington,
D. C. at the end of January, 1997.
1
.rt~~
Airfare (../ if( / 1ft} ,-.,, ~ V I m /_8'/~qf,,.-/.jp.~
Tux Rental .A.at {J r . ....-
Total WU
If you have any further questions, please feel free lo ...
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moLU'nONN0.2
SERIES OF 1997
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-IO& INT BY'ID aTY OF
WHEREAS, the City Council of the City of Englewood, Colorado &cu..ed the
appropriations to other apnciea for the year 1997 on December 16, 1996;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCll. OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Sgtiqp 1. The following desipaDOD• ue hereby made to the appropriatiau in the
1997 Budget of the City« Eqlewood, Colorado for aid to other apaciea for the year 1997.
SOJTBCE OF FUNDS ·
Total 1997 Budpt for Aid to other ApnciM
DF,SIQNATIONS FOR USE :
Int.er-Faith Tut Force
Town of Littletonllleala on Wbeela
Gateway Blltterecl Womai'• Shelter
Court Houae Inc.
Diacretionary Fwufa
Total
$23,000.00
$15,000.00
$3,000.00
• l,OCI0.00
• 2,000.00
I 200000
$23,()00.00
ADOPl'ED AND APPROVED 1bia Ith day« .Ja1111U7, 1997.
ATTEST :
Loucriabia A. Elwl, City Clerk
I, Loucriabia A. Ellie, City Clan far the City«.....,_., Colando, bseby catifJ the
abcwe iB • b'ue copy« a..alutim No ._ S.. « 1997.
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
JANUARY 6, 1997
7:30 P.M.
1 . Call to order. '7 :.J>; f /U/
2 . Invocation. (;1})./~
Pledge of Allegiance. /~ 3.
4 . Roll Call.
5. Minutes.
aPfi ?-0 a. Minutes from the Regular City Council Meeting of December 16, 199~
6. Scheduled Visitors. (Please limit your presentation to ten minutes.I
7.
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9.
a . Mr. Jim Goble, President of the company that owns the Cinderella Twin Drive-
In Theater, will be present to address Council regarding lighting at the
Englewood Municipal Golf Course.
Non-Scheduled Visitors. (Please limit your presentation to five minutes.I
C /7 . Pr I . Appoi ommun1cat1on1, oc amat1on1, and ntmenU.
a. A proclamation honoring Bob Gallagher, District Attorney for the Eighteenth
Judicial District. ~
b . A proclamation honoring the Englewood High School Pirates Football Te~
Public Hearing. (None scheduled)
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City Council Agenm
Janiwy 6, 1997
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Recommendation from the Department of Financial Services, City Clerk's
Office, to adopt a resolution designating the bulletin board in the lobby of
Englewood City Hall as the Official Posting Place for all Legal Notices.
STAFF SOURCES: Frank Gryglewicz. Director of Financial Services. and
Loucri9hia Elis, City Clerk.
Recommendation from the Englewood Municipal Court to adopt a
resolution re-appointing Judge John W. Smith, Ill. STAFF SOURCE:
Tamsa Wolfe, Court Adnmistrator.
iii. Recommendation from the Utilities Department to adopt a bill for an
ordinance approving an Intergovernmental Agreement for water and
sewer service to the Brookridge Shopping Center. STAFF SOURCE:
Stewart H. Fonda, Dnctor of Udltia.
iv. Recommendation from the Utilities Department to adopt a bill for an
ordinance approving a Grant of Easements across the Thomas Plating
property located on South Windermere Street. STAFF SOURCE: Stewart
H. Fonda, Dnc:tor of Udltia.
v. Recommendation from the City Attorney's Office to adopt a bill for an
ordinance authorizing the exchange of property Highlands Ranch
Metropolitan District No. 3, pertaining to Dr . Ohlson and the C-470
Interchange. STAFF IOUIICE: ltawart H. Fonda. Dnctor of UIIIIIN.
vi. Recommendation from the Depa1ment of Safety Services to adopt a bill
for an ordinance approving an Intergovernmental Agreement for the
sharing of emergency management resources and related services.
STAFF SOURCE: Chrta H. Olean. Emageaw;y Preparedneu Coonlnatar.
b. ~~ onSecond~ ~~~_1orr·1 fl'»rtf/$-
!JU ff: 3 ~). Council Bill ~~. appro~R~~~~t Development.I/~ ~I {AJ#I : fl1trt1Aal ,ti/_) ----U
k>. ;.j;. / ~--. Council Bill No. 81, approving an Intergovernmental Agreement w · the
if LU: -Regional Transportation District IRTDI for Light Rail Facilities at the
Hampden Station.
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,....... J .JI:--6-iii. Council Bill No. 82. approving an Intergovernmental Agreement with
(/ 14,; Urban Drainage and Flood Control District for improvements to Big
Creek at Windermere Street.
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January 6, 1997
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11 . Ordinances, Resolutions, and Motions.
a. Approve on First Reading.
i. Recommendation Jrom the Littleton/Englewood Wastewater Treatment
Plant Supervisory Committee to approve, by motion, a construction
contract for the Phase lb improvements at the Plant. Staff recommends
awarding the bid to the lowest bidder, Centric Jones, in the amount of~
$16,879,000. STAFF SOURCE: Stewst H. Fonclll, DinlctCN' of UtilitiN.
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·i. ecommendation from the Department of Administrative Services to
approve, by motion, a bid award for phone switch equipment. Staff
recommends awarding the bid to the low bidder, Lucent Technologies, in
the amount of $450,273.22. STAFF SOURCE: Pary Movick, Manager of
lnformadan Services.
b. Approve on Second Reading.
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1 2. General Discussion. . -~
a . Mayor's Choice. rrvf"". &:··· IM/),;,~ ,-.1~ '\
Yll I .U.. rJiu/'7 1 ~..,../ Request for a~~~ tral.ft~;~.'df ~ ~ential
I /~IL/ '~,t~~uration. VV-"ff'RV'-" v(!:so;
b. Cou~bers' Choice.
~j i. A Resolution specifying Aid to Other Agencies fCN' 1997.~~
-ttJffdl?-o tlNi~-1 ~'.Ir ,,41t11CJ_ it . "' EEJ/JIJ
1.'.,. '·w Manager·sRepo/t( (Atl;i,Ji).--: W~_') ~ IRtV_)
rnH&c ~ Recommendation to go into Executive Session immediately following the
regular City Council meeting to discuss three real estate matters ...i eM
4,)8SIIIAA81 Mell8f. IA}~
14. City Attorney's Repon.
ff,
rnment.~ r:fo~
ollowing minutes were transmitted to City Council between 12/15/98-01 /02/97:
nglewood Liquor Licensing Authority meeting of November e. 1998
Englewood Planning end Zoning Commission meeting of November 19, 1998
• Englewood Housing Authority mNting of October 30, 1998
• Englewood Urben Renewal Authority meeting of July 1 1, 1998
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JANUARY 20, 1997
REGULAR CITY COUNCIL MEETING
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