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Home My WebLink About1996-03-04 (Regular) Meeting Agenda- • • • • • <. • REGULAR CITY COUNCIL MEETING MARCH 4, 1996 ORDINANCE I~~• 9, 10, ll, 12 RESOLUTION 1~9, 40, 41, 42, 43, 44, 45, 46, 41 ,- • • .. 0 • I· • 0 I - - • • • • • '· ENGLEWOOD CITY COUNCB. ENGLEWOOD. AllAPABOE COUNTY. COLORADO I. Call .. O'*" 3. 1'1M,etlAZ1'1 • TIIC PledF m ~ -led by Gilt ScXllll Tnqi 19CII. Ma,ar eur.. • bdlalf' « eo-:il. tlmllr.ed die Gilt Sclam. 4 . ..Call Prelenl: c.o-:il Melllben lflldlMway, <llpp, Wigim. H*aidlt. Vonaillag, WIIII*', a.as Amalt: Nos A qumwm -preaeat. Alm prelClll: Cily Mlalp (]Ilk Cily~~ A....-ID die Cily Mlalp Once Cily Ciak Ellis l>inmr Fady, Nllic WOlb l>inmr Fcladl. Ulililils Mwp m A I . ' aaaa Bacl. Ulililiel l>inmr o.,p.icz. y_.a Scniccl 5. It..-. (a) COUNCIL IOIDD. IIA'111AWAY MOYD. ANa IT WAS S&CONDD. TO APl'llOVE TIIE MINURS OF 'l1R UGULA& IIU11NG OI' naalJARY 21. 1"6. Aya: C.-.:il ....... ~. 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Ayes: Couocil Mraben llldlaway, Vonaiaag, Wigias, Habcnicbt, Wagoner, Clapp, Buras Nays: None ••••• MAYOR aURNS REMOVED AGENDA ITEM 11 (It) (II) FROM 11IE CONSENT AGENDA. (b) Approve Oil Second Reading (i) ORDINANCE NO. 6, SERIES OF 1996 (COUNCll. BllL NO. 6, IN11lODUCED BY COUNCll. MEMBER HA111AWA Y) AN ORDINANCE Atn'HORIZING AN IN11!ROOVERNMENTAL AGREEMENT BETWEEN 11fE STATE OF COLORADO DEPAR'IMENI" OF TRANSPORTATION AND 11fE CITY OF ENGLEWOOD, COLORADO FOR 11fE COST OF CONS11lUCl10N AND CONS11lUCTION ENGINEERING FOR 11fE DAR1MOl1111 BIKE 11lAIL PROJECTS. COUNCU. IUMIIU HATHAWAY MOVED, AND ff WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 11 (It) (i) -OltDINANCE NO. 6, SERIES OF 1"6, ON SECOND llEADING. Ayes : c.-:il Mcabcn Hadlllway. Vormiaq, Wiggins, Habcnicbt, w...-,, Clapp. Buns Nays: Nolle (ii) Ma,-...... dial dais .. ilMJMI die BUll.D Pn,jecl. He --dial be will ...... fnllll Wlilll, •• did ... lime, ---be is a--atdle HoUliDg Audiority. ORDINANCE NO. 7, SERIES OF 1996 (COUNCIL BllL NO. 9, INTRODUCED BY COUNCll. MEMBER VORMl'ITAG) AN ORDINANCE APPROVING 11fE SALE OF FOUR PROPERTIES, WIDCH WERE DEVELOPED FOR 11fE "BURD" PROJECT, ON 11fE OPEN MARKET. COUNCU. MEMaU VOIIMl1TAG MOVED, AND ff WAS SECONDED, TO Al'l'IIOVE AGENDA rrEM 11 (It) (II)· ORDINANCE No. 7, SERIES Of 1"6, ON SECOND HADING. Ayes : Council Members Hadlaway, v--,. Wigills. Habmidll, w...,_.,0app Nays : Nolle Abltaill : Ma,-Bur1II II . o,cr tt1,P1 ................ <•> "' - • . ~ .. I . • 0 , - • • En&kwood City Couacil Maru4, 1996 Pa,:,el • 0 • (i) Dircaor Fonda prelCllled a RCOIIIIIIClldal from the Utilities Department to adopt a bill for u ordinance approving cbuFS to the Englewood Municipal Code relative to misulla-waler IICIVicc fees. He KIiied tbe8c are boUlckecping ilems that change some of the fees of the City and change aome policies. He said the finl one is a c:barge, equal to the City'~ time and ma1eria11, an: c1ue if u abandoned lefVice is 11111( dilCOfllllded from the nwn. He c:ommcntcd that oddly enough this was probably writtm a long time qo, and they could either do it with a bonded or lic:cmcd plumber, or they would have the City do it for S75 .00. He said they jull clicl u abandoned one in Broadway and they immc,cliatdy n,questcd our~ to do it, bccaUlc it would have COit many times that UDOUlll . They felt, be said. that they aiulcl either 111C a plwnbcr, or the n,conuneadaaion was that the City would keep track of the time and IIIIIICrials and bill tbcm actual COit if they MIiied to IIIC the City to make the clisoooncctioo . Director Fonda stated that the next ~ item is if perDllld are n,quired to c:lcan OUl a stop box. for w"--reason, the City would c:harge $30.00. He advised that this is the property __.•s responsibility . He nolccl that in one cue it took allllOllt a half day to clean oac OUl . Mr. Fonda nolccl dial this really ties up our people and their time. It far exceeds, in many cues, the $30.00. bul thcy dwlk this may be u incentive for the property owners to maintain their stop boxes or at least keep diem dcaDed OUl 10 that 'WC CU tum them OIi and off when WC have to. Council Manbcr Wiggins suggested that, the next time the water bills are seat out, residms be advised al this. He said be feels that the nwnbcr al resident', that an: aware that the stop boxes have to be kept clean, are very few . Dircdor Fonda agra:d and said that they will get the information, witb all the particu1an, out to the residents. Director Fonda said they would like tom a 10% late fee oa all ddi .. lClll water bills. He advised that at the aurenl time tbcR is no peaalty, and Im year we had-6,000 tbal c:arried it all the way to the 45 day limit He pointed OUl that this cams the City u illCRldiblc _.. al office time pttillg GUI all al the ddi991C111 notic:cs . He KIiied tliat, addiDg Ille 10% fee, thcy AR llapillg will reduce Ille ...aier al ddiaquent DOtic:a. Ripl -. lie poillllld out, tlleR is no iacealM ...._.to'** people to pay the bill. He said the City will aat do aaytlWlg cllc ~ saidalts will llill be able to ID up to 75 clays before the City red tap the property . Council Manbcr Waggoner lllkcd when the 10% lalc fee will be applied, ifit will be after 30 days. Director Fonda rapondcd that it woulcl practically bappca after 45 day', boweYer they could leplly after 30 clays . He said it is usually 45 clays before we would actually lend it out. Mana,cr al Adminillnlion Bock advised tbal the fee would 11111( be applied until we actually run the a,mputer program at 45 clays to geoeralC the notic:cs . Council Member Clapp lllkcd bow they arriwd at 10%. Director Fonda said it is usually DOI a lot, that a typical water bill is maybe $40.00 so tbcR would be a $4 .00 c:harge . He noted it is not meant to be a heavy penalty. just a clelcrreat, bccaUlc many people would not like pttiDg it. Council Member Wag111a lllkcd if that is oaly a one time c:harge aad after another 45 days wllal would they do then . Dircaor Fonda KIiied dial then they have rccciwd a red tag ud their watcr has been shut off. So ya, be said. this would be one time uatil the cycle would 1epea1 itlelf. Council Member Waggoner lllkcd if it is until they get another bill . Dircdor Fonda said ~-He said c:harges for turning water oa and off, whic:h is when they would have to ID and tum off for nonpa)1Delll, we would c:harge $15.00 instad alS5.00. AIIO. be advised, they would be autborizccl to c:harge $5 .00 when they have to show up to ddiwr the tum off DOlicc . He llaled that all al tbe8c are IIICanl to be -11 pmaltia, but the actual turn off takes more time and effort and they are jull really 11111( getting rapomcs. I . • 0 f • ( / • ~ • ....... 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I •· 1 J 1: · i · • f ~ j. l I ~ i ! i l l l ~ i l :. 5 ~ ail'' ,~1i~1.1 . •l~t ~, It ! ~ltj.=;lr s u!~ h •IH'f at r·Hli HI H i ir.l I I : rli~if! lf·:tJ I! w}[r1iw J!J t1 i JlfJiJSII I :·11}r1~ f ,(1 tj IJ lut1:I , U l f i r 'U . i Js ist( IJl~l · IJJ;~· I P1~ ! 5 f fli=; l ~ 11 ~ · ~ r 1 f 111 ~r ! l s~a ~ " rl as I ;t I s. i ij_SI .. a: 1!'11 I•• .. ,1 !l lj i I I ' 0 . ' ... . ~ ' I • \ I . • I • . ~ w ~ ~ X 0 -- • i lilli ff !!Jfl~ii 'tif[ fllffli J( ~If l[~i r~i[ !If ! iiil! if fi!lflti ~i:1111t;rtl ti ill !1il 11if ii I lra!t Ii t~Jiiiff !1!:1 il~f!:I ii 11l1 ~frl l!!t 1 ir 'ti r' Is. s' I's, t 11' i I i ! l l, r i !1 Sl ' iJ ~ l !. !r' f it!l! r: l1~1J!r~ lillJ 11•111~ ~1 !•i ~,[; 111; I 1 1 ,1J~ }I ,fr 1 (5 r 11J1s ~tt~~[i JI 1J~ 11J; ilxl ;. .I Sl e l ii I:;; !I!. s· 1 ! i' r r I J 11 it l I · 1 ~ !I I r. I! Ii I ,1,11 i! lia !!'x ri•!= ~,~,l'E f· 1~~ ,1 11 lirlt . II JA '1~r·,~11 ~,,., 1•!1111 ii . lI rill ~1§1 f •,rrt t 1tif11~1 tit!? 1J!11l1 t! ,~ iftr 1111 r lJH f 11,t 1i! '1; u U1iifi !I e! '1 1 t I h i litJ i !rrflH r11r: taft,11 h I! Llf l,1 !. I s=f E Sl 11 i r ' I I . X ! Its·;;· 'If. 2 s Ei r I §1 f Ir s-f 111 •. ·I 11 :~ ~I ta fir °" "a-"s-tf. a. ;;·-8 f. f =r-·tl f ;;·s·l1:s (I JI I §· • §a, J If · r • 1 r ~. , i 1 1 • i ~ ! ~.1 l ; t a • f J · I · l 1· • , . • • I .~ I ,• I . . :; ~r .. . . ,. I - - 1.•&leweod City Couacil Mardi 4, 1"6 Pqell .. • 0 t• • Mayor Bums said that if he is not rqiairing or replacing it be is a>otinuing to use it. DireclOr Fonda said yes . Mayor Burns poioted out that it docs not say tbat you cannot use a waler cooled blade. DireclOr Fonda said unlc:ls it violaled or pollulcd in DDC form . Council Member Hadiaway said that in which cue: you have other -to get dan. DireclOr Fonda said in which cue they would ID through other ordinances. Council Member Wagoner aid dial• fir• lie "-tllee is -equipmeol, tbat type of equipment. that is not clewloped with air aJOling. Council Member Wiggins aid that is true, tbat tile or a,nm:te c:uUiog .._ a waler cooled blade aad you find it wm they do 1tn,ct cuts. He said the blade in 1tn,ct cuts is all waler cooled. Mayor Burns aid they have them out oa Santa Fe right now . Council Member Wigim saicl they also have them It Broadway aad Belleview. Mayor Burns noted that is on a job, not a fixed loc:ltian. Council Member Vormittag aid tbat what be thims Director Fonda is talking about is 10rt of like a radial« in dl'oct. Thll waler just l'JeS tbrougb. just to keep the bead ClOOI, aad ..._ it a,mes out prablllly perfectly clean, it 111CS right down the dlaio. He llkcd Director Fonda if that is what be is sayillg_ Director Fonda aid they would rltber it would aJlllinue to ciradltc. Council Member Vonoittag aid dial is right. Director Fonda aid tbat is whll lllllOll ~ is doing. He noted that Mary Gardner 6nm Bi-City illlpcctJ IDOlt of tbclC people. aad all of dan as fir u the _. is aJIICCflled, IO they - 1111( pillg theft. He saicl to go down the ltOrm _., be did DOI think they would want to do that anyway . 8-IIC if they clump into the ltOrm -. you would DO( want it ping ink> the IIOnD ICWCl' l)'llelll aad gelling out into the mer . Mr. Fonda saicl theR is~ little of it and they do DOI see a big problem. He saicl be would guess the per.-who -doing this, they just did not want to put the -equipment in . He llkccl Mr . Bock iftbat -true. Mr. Bock said they fflllCd the old waler cooled equipment. Council Member Wagoner Slid. the Ml)' the cxistillg onlinuce reads, is that the only way you can ewea pu1 aJOling waler into apecifically deli...,., ltOrm ICWCl'I is by permillioa or COIIIClll of the Dira:tor of Utililies. He llkccl City AltOnlcy 8lua-ifdlll is CXlffllCt. Mr. Bnllzaan said 11111 is coma. Mr. W...-, aid 1111111111 -11111--ID allow molill& .-ID ID into 1-. -,-llaYC to llaYC die COIIICIII of the Director of Utilitiea. Director Fonda aid --.lilt& c:aac GIii of tlle Baildillg C.ode . TIie City Ciak -llkccl to read Council Bill No . I by tide : COUNCIL BILL NO. 8, INJ'RODUCED BY COUNCIL MEMBER WAGOONER A BILL FOR AN ORDINANCE AMENDING 'JTl1.E 12, CHAPTER 18, SECJlONS 2 AND 6, AS WEIL AS CHAPTER ID, SECTIONS 4 AND 5, AND CHAPTER 2, SECJ10N 2, PARAGRAPH 8, NUMBER 4, OF 11fE ENGLEWOOD MUNICIPAL CODE 1985 REGARDING MJSCELLANF.OUS WATER SERVICE FEES . COUNCIL MEM•ER WAGGONER MOVED, AND rr WAS SECONDED, TO Al'PltOVE AGENDA rrEM 11 (1) (I) -COUNCIL •ILL NO. I ON PIUT READING. COUNCIL MEM•r.a WAGGONER MOVED, AND rr WAS SECONDED, TO AMEND COUNCIL •ILL NO. I •Y DELE11NG SIECl10N 5. Ayes : Council Memben Hadlnay, Habcaicbl, Wagoner, Clapp Nays : Council Membcn Vormitlag. Wigim, Bums ' ,. - • . .. • • 0 - • • Ea&le,reN City c..cil Mardi 4, 199' ,-.12 ·, • • I • • Ayes : Council Members Hathaway, Vormittag. Wiggins. Habenicht. Waggoner, Clapp, Bums Nays: Nooe (ii) Council CIOlllidcRJCI a recommcndMioo flam tbe Dcpanmeot of Public WOlb IO adopt a bill for an ordiaaoc:c esaablisbing criteria for implemm«ing Flallling Traffic Signals. The City Clerk was asked 10 read Council Bill No. 10 by title: COUNCIL BILL NO. 10, INJ"RODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE ESTABLISIUNG NEW CRl11:JUA FOR FLASHING TRAmC SIGNAL OPERATIONS IN 11IE CITY OP ENGLEWOOD, COLORADO. COUNCU. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ii) -COUNCU. BILL NO. 11. Ayes: Council Members Halbaway, Vormittag. Wiggins. Habcnicbl, Waggoner, Clapp, Bums Nays: Nooe (iii) Dim:tor Gryglewicz praeotcd a recommcndatioo from tbe Deputmeat of Financial Semca to adopt a bill for an ordiaaoc:c Clllblisl!ing a Capital Projects FUlld to UXlt tbe propa aad f'uading of capilal pn,jects. He 11-.t dial this bill, if adoplcd. would create a -fimd c:allcd die Capilal Projects Fund. It would MW tbe baic dulies or acxx,unting for pn,jects idcnlifiCld in tbe FM Year Capital Plan . Mr. GrygJewic:z explained tllllt wllCII they pul tbc FM Year Capilal Plan..,.._ ill 1995 tbcy rmlillllll tlial -do DIil tally MW a Capilal FUlld tlul tlDCd tlae pn,jects. He said llaff" pul ..,.._ die pnipoed ordiaaocc witll tbe City Aaoraey and allailled for c-:il'1 appn,val • this tiac. Mayor Burm albd if tllil will be a lUb-fimd of die PIF Full. Dinair Gryglelricz aid it ii baic:ally a aib-fimd of tbe PIF Fuad, bcc:aUlc tbc PIF, per tbc Cbancr, is aUowod IO carry fuads over year IO year. He said none of tbe otber funds MW that. He explained 11111. if llllller tbe Capilal Plan a projcc:t would span more than one year, Council would not MW to reapproprille tllolc .-iel CIICII year. He pointed OU1 that it baic:ally safeguards a pn,jects integrity, that it will ID forward year to year without fillther Comlcil approval. Council Member Habcnicbl asked if lhis will in anyway affect any kinds of chaop in tbe Capilal Budpt or tbe expenditure or being able to MW w llll't of cwasighl in 1er1111 of if IOD!dbing chaop. DiRICtor Gryglewicz said no, tlial baic:ally wbat will happen is wllCII pn,jects are idenlified ud appnMld by COUDl:i.l in tbe Budpt, thole .-iel will fo IO this fuad to be uled oaly for tlial projcc:t. He said that what it allows is that tllOlc funds aR approprialed ud alloMid to be uled over two or tine years if you MW a vay WJC capital projcc:t . Basically, be advmd, it alloM • to UXlt tbc propea of tbc projcc:t and Id one amount and allow tbal to span ewer years. Duec:lor Gryglewic:z advilllll tlial c.ou.cil would get a periodic update on any projcc:t that -would MW. Council Member Waggoner aaed, if additional .-ics are needed to be appraprialal, tllllt would c:ome back to c.ou.cil. DiRICtor Gryglewicz 11-.t yes they would MW to cw back b a lllll!*mC!'lal appruprillion . ' ..... " - • . .. ... I . • 0 , - • Ea&leweed City c-il Mardi,. 1'96 ... u ,. • • • Council Memba Habenicht asked what would happen if during a ....,r capital project, similar lo when we did a ....,r upgrade of the a,mpuaer system for the City which went over three or four years, _...bing -lo happen two years down the line where ICchnology changed. Sbe med if there would be -wllermlllal of making that shift if aeceaary or would tbis cast the plan in IIODe. DiRdor Glyglewicz lapoaded lhal tbis would DOt be cast in ltaDc. He said pncrally the c:omputas will be in the PIF Fund and Council will ace lhat at Budga time each year . He explained that this would pn,llll,ly be tmd, tar illllUce, if you wallled lo aJllllnlct aa addition to the ltcaellion Cema and it -$200,000. He aid Council would then appn,priale thole monies, it would be in tbis -fund and all expenditures would be made from there. He stated lhal if the project llal1ecl in Octaber of 1995, but it -DOt going to be finillled unlil the IICXl year, then time moaics would my in the Fund in 1996 unlil a,mpldion He aid the way the Gcncral Fuad is 11:t up you would CXllllpldc put of it then Ibey would haw: lo ciome .:k in 1996 lo CXllllpldc the project, 10 Council would appnJft it twice. Council Memba Habc:lliclll aid lllat it will oaJy be in tbis Fund._ it is IWled, aot aa-1 of time like WC are going lo do the project in three years ID you cacumlJcr the _,. b three years. Or, sbe abd, does it ID ia there._ die project arts ID lhal it c:aa be a,mplded7 Director Gryglewicz said that what will lulppea is ay lhal tar lbe 1997 Budid we idemfy pnijecls, then Council will apprupriate those wie1 ll dlll time. 111c _. -111 lllcD be b1J f ,Clll lD tbis Fuad from lbe Gcncral Fuad and Ibey would be acid .._ we ...S -9l oa die pn,jcct. He said Ibey .-.all>' would aot be put in in advaallc. He aid lllcy would oaly be plll ia dlis F_. ._ we Wlft going to 11a1t a project. Council Mamer lllbcllidll albd if dlll ii 11111111 111 E alleR. Dinica Glyglewic:z llaled it is DOt llalld licR, but tlial WOllld be put oldie._. ..... ..-. Mayor Bunis amd if there ii an A-a ~--0ae iaue here. Director Glyglewicz said DO. TIie City Clert -abd lD .ad Council Bill No. 2 by title : COUNCIL BILL NO. 2, IN11lODUCE> BY COUNCIL MEMBER HATIIAWAY A BILL FOR AN ORDINANCE ESTABUSIUNG A CAPITAL PROJECTS FUND. COUNaL IIIUDEll BA111AWAY MOVU, AND rr WAS SECONDED. TO APl'llOVI: AGENDA ~ II (a) (ill)· COUNaL IIIU. NO. 2. Ayes : Council Mallllers Had.away, Vormiaag. Wigias, fllbenicbl, Wagoner, Clapp, 8uim Nays : Noae (b) Appnwe Oil Second Reading There Wlft DO additional ir-llllllnittal for approval Oil --a 1a1U1-(See A,eada Item 10 • c-t Apela.) 12 . Gwral INKt llh (a) Mayor's Choice I . Mayor Bunis ilOUld tlial he wall to Wltllwigtoa atrlicr diil wect, will, RID Gcncra1 Mampr Cal Mandia, Baud Director Edie Bryu ud Lialetoa Mayor Dellais ltcyiialdl. ud Ibey lelliled bebe die How Sllllcommil1ee • Appraprialioas tar TIWplll1ltlioa tar f'ulldilia tar Ille lip( rail liac. He aid they abd tar SI million wllicli -b ript-ol-way purdlaK. He aid die rip1-ol-way ii eae111iaUy "' - • . .. I . • 0 , / ~ 0 • • f !8i J ~ I i ,,~ ilH ap1rllfil 111 i:§f 11 'I !It" I ;1~ ,~ii r ~ dt hf1'J·:f H!;Jl(fr~lil !I .i . > E I: r !: l. r .!: .. Is .• . sf i I •111 Jii I [g ls i ,,fr llrar!!1t1wi,,1l1Jll,:,1I!! [ ! ~ E · f f 1\~ 8 i f · 1 i J s f f ! f j: f I [ l f J f ir · J f & i I· s· J ~ ilg ii I i !1 ! !J IU;uu~Hjlt{if 1 IHJ 1H 'l!il; 1·1 ,! 1! r 1,1~ 111r1!1t!.l!ii~l,~~1li111!t1 s;" :a r 1:1 .f•'lls~1, •• 1111 1f ... •a_t. .. iif• ;. ~ 5· .... &Hr I' Jf e: t I ~ · iii ! I~ J jilt ii!!!ilj1i!fj.!i!IJI1, 1 11· ffllii ' a I i . r 1 · f i l If 11. if " f i If. l f rJ . ls i f ~~ I· 1r I ll l.ffts·,·1,1~{11r~fri' .iiffr~, r r !-l i I ' f [ f f r I r l if I ' l f r I i. f •j 1· t ! 1~1 i},if iflUU arJ J1 1ht 1 1 ! I ~ Fl . l Ir if ;;· (] l-& l f] . .., ~ f ( f l f cl= ~a ( r r l f;rfff J"ifi 8 f • •. s i g> • , • • I . , I I . . . .. ·'-... • ~ I • • • 14. City A..._,', ...... City Aaomey 8nll7.aaD did aat llave.., ...... .., brilla bribe c.oucil. 15 . MJw COUNCIL IIUDU HATHAWAY MOYD TO ADIOUIIN . 'l1le acldiag ldjauned • 1:43 p.m. ~tf(/L .. I . . 0 . . r I - - • 1. 2. 3. • • . -' AGENDA FOR THE REGULAR MEETING OF t• THE ENGLEWOOD CITY COUNCIL MARCH 4, 1996 Call to order. '7: 3f flL" Invocation. W~ffA"° 7:30 P.M. Pledge of Allegiance. ,)>,d . .)(!~f/()f' "' - 4. Roll Call. '1 ~ tlffd?-0 5. Minutes. a. Minutes from the Regular City Council Meeting of February 20, 1996. ~ 6. Scheduled Visitors. (Please limit your prnentation to tan minutes.I a. Dalene South, Mrs. Englewood, will be pr9Nllt to request Council's support for her participation in the National Leukemia Society Marathon. -/liJ:f~ 7. Non-Scheduled Visitors. (Pleue limit your presentation to five minutes.) g Communications. Proclamation•. and Appointments. 8. fr Public Hearing . fJ/f-' 'l-0 ~~~ ~ ~ a. Public hearing to gather citizen input on flas~ -;~";"~criteria. Of,tl. 'H) ~~~ ~ 9. ' . . I . I . • 0 f ....... ~ I • - City Council Apnda Mardi 4, 1996 ... 2 a. • • • Approve on First Reading. Recommendation from the Utilities Department to adopt a resolution approving a $75 fee for hearings before the Englewood Water and bfl •M,hA j Sewer Board. STAFF SOURCE: Stewart Fonda, Director of UtllliNr",7"'_. ....... Recommendation from the Utilities Department to adopt a bill for an ordinance approving an Intergovernmental Agreement for participation in the South Platte ·w.1d and Scenic River ReYiP,v froject.•_sTAFF SOURCE: Stewart Fonda, Dhctor of UflltltN~ cN /J... iii. Recommendation from the Utilities Department to adopt a bill for an /irJb/Jl ~ ~dinance authorizing two easement agreements for the City Ditch at '-Ti'f/-O 3000 and 3012 ~~~~-STAFF SOURCE: Stewart Fonda, Director of UfllltltN.-~~ MOVED TO AMEND COUNCIL NJ. NO. 12 IIY CtWlata "Clrt" .. THE TITLE TO "GRANT&" AND, .. THE b. Approve on Second Reading. GIIANTOIF WNT FOR CAROLJM:Olia, NIWII TWO, Jo/.,;·~ IIIMu _ -~ ADDIGACQMIMAFla GRANT,ANDADDIGCITYO/F I, tr,/ ~--· ENGlEWOOOTO THE LEGAL DEICIIPTIONS. r J.. . Council Bill . 8, approving a contrect with the Colorado Department ~T {p /tZW'i~ ?-O of ~ran~~~; 17 ~re the cost of the Dartmouth Bike Trail 7, prOjeeta. ,, ---o ful ~.lkf"/ ii. Council Bill No. 9, approving the sale of the following properties ift.#Jfr developed for the BUILD Project: 2036 West Hillside Avenue; 2073 al)b(} ' -0-/ West Ba!fic Avenue; 2083 West Baltic Avenue; and 4801 South Grant ( Mc.l"A 1,J : 8/JfJ)r.) Street. {)~ 11 . Ordinances, Resolutions, end Motions. a. Approve on First Reading. ~~ i. Recommendation from the Utilities Department to adopt • bill for an 4,, ~ ordinance approving changes to the Englewood Municipal Code f')-0 relative to mleaellaneoua water aervic,,l8!S· STAFF SOURCE: a.wart,_., DIis ... ., ..-. vv,.,_.,.41'1.lh./ (IIMf. :0011.il;f/~.3 ~ T,'llt._.'°_CCUD.11&.•awa....Afw«a •CTIONs. 1 ~ K. ~ldction frOlft the Dcp11111-,t of Public Works to adopt a bill C' n & /0 for an ordinance Ntabllahil19 orilcric for implementing Flashing Tr11'1&.. LJr °Ff' ?-0 Lights. STAFF SOURCE: CharlN Eaterty, Dhctor of Pubic Worka.""' '1}~ ..... ... If,-..... ....._ ..... ..a.y ................ a,.,, " ... ou,u,tt .. ...................... ., .................... ,... • • 0 ' - - • I I • • • City Council Agenda March 4, 1996 '•3 b. iii. Recommendation from the Department of Financial Services to adopt a bill for an ordinance establishing a Capital Projects Fund to track the progre11 and funding of capital projects. s~-tt ~uR_cE: Frank Gryglewlcz, Dhctor of F1nancia18ervtces., ~ Approve on Second Reading. fr 12. General Discu11ion. a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. IJDruJ fJ-0 a. Recommendation to go into Executive Session !.IJ?n_,ej_tiately fol,lowing the ff regular meeting to diacu11 a personnel matter.~ 14. City Attorney's Report. Adjou~ The following minutes were tranamitted to Council from 02/18/98-02/28/98: • Englewood Liquor licenaing Authority Telephone Poll of February 7, 1888. • Englewood Board of Adjustment and Appeals meeting of January 10, 1888. • Englewood Public Library Board meeting of January 8, 1888. •. .. I. • 0 - -.. •; • • '· AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MARCH 4, 1996 7:30 P.M. 1. Call to order. '7 :!;f ~ 2. Invocation. W~~ 3. Pledge of Allegiance. ~~'J()f 4. Roll Call. '1 ~ 5 . Minutes. "' - dff''1-0 a. Minutes from the Regular City Council Meeting of February 20, 1996.~ 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) a. Dalene South, Mrs. Englewood, will be present to request Council's support for her participation in the National Leukemia Society Marathon. -/iJ.1-~ 7. Non-Scheduled Visitors. (Please limit your presentation to five minutes.) g Communications, Proclamations, and Appointments. 8. ff Public Hearing. Ctpf-' IJ...O llt::tI,~ ~ ~ ~ a. Public hearing to gather citizen input~ =~~criteria. Of,tl. 'HJ ~~ ~ dl.-L- 9. P1we note: If ye11 have• clublllly wl MIii ~ ... •---. ..... llllllfy .. Clly al Enal1WIIOII (7'2-D70) at lellt41hounlnadwancealwt.._... ......... 11111*,-. ' .. •. " .. I . • 0 , ? I - ]- City Council Agenda March 4, 1996 Page2 a. • 0 l • • Approve on First Reading. Recommendation from the Utilities Department to adopt a resolution ,,, ~ ~ approving a $75 fee for hearings before the Englewood Water and UDMtN,/J., Sewer Board. STAFF SOURCE: Stewart Fonda, Director of Utilltles,-v"7r....., ....... Recommendation from the Utilities Department to adopt a bill for an ordinance approving an Intergovernmental Agreement for participation in the South Platte ·wild and Scenic River Revi,eJN froject.·.STAFF SOURCE: Stewart Fonda, Director of Utilities.~ C/,# /). iii. Recommendation from the Utilities Department to adopt a bill for an !,YlbPI U,,~rdinance authorizing two easement agreements for the City Ditch at '7'fr/ O 3000 and 3012 So~}t~~~~-STAFF SOURCE: Stewart Fonda, -Director of UtilltieS.,·~~MO\IEDTOAMENDCOUNCILll.lN0.128Y CHANGING "CITY" IN THE TITLE TO "GRANTEE" AND, IN THE b. Approve on Second Reading. GRANT OF EASaENT FOR CAROL JACOBS, NUMBER 1WO, Ir/ I c:, ,._....., ' ENGL£WOOO TO TliE LEGAL DESCRIPTION8. lo /. · f4 IJ-•• _ -~ ADOINGA COMMA AFTER GRANT, ANDADONG CITY OF /(l., J J, /_ . Council Bill o . 6, approving a contract with the Colorado Department v-z.fJ-r ~ ltDri4 ?-0 of :ranspAZa~: :~,:~are the cost of the Dartmouth Bike Trail 11 proiects.,, ~-, r1...11 J,Ji,..f"/ ii. Council Bill No. 9, approving the sale of the following properties v-(4.,~ developed for the BUILD Project: 2035 West Hillside Avenue; 2073 a.l)b.{} ' -O-/ West BaJt;c Avenue; 2083 West Baltic Avenue; and 4801 South Grant { /tPf:,"fA1iJ : !!,/J~) Street. /)~ 11 . Ordinances, Resolutions, and Motions. a. Approve on First Reading. {!Pi/;~ i. Recommendation from the Utilities Department to adopt a bill for an ~ ~ ordinance approving changes to the Englewood Municipal Code ')-0 relative to miscellaneous water servic;,,!9!~· STAFF SOURCE: ~d Stewart Fonde, Director of Udlties. WiJ...6(41'~ (!IMS: UO~rfr/#,, 't,J/IX. vg~,R MOVED TO AlotENO COUNCIL ll.l NO. I BY EL.MNAf'wo SECTION 5. 1 ,L ~etommendation from the Department of Public Works to adopt a bill C' n /1,._ /O for an ordinance establishing criteria for implementing Flashing Tra~~ .. U °Pf' ?-0 Lights. STAFF SOURCE: Charles Esterly, Dnctor of Public Works.vr 1~ • Plw note: If you haw A diubillty and need AUJdlwy aids or wvic9I, .--IIClllfy the Clly fll & ... wood (762•2J70) .t least 48 houn In MivAnee of wtien NAices-IINllad. T'-* you. • . .. .. I . • 0 , - - City Council Agenda March 4, 1996 Pagel <, • • • iii. Recommendation from the Department of Financial Services to adopt a bill for an ordinance establishing a Capital Projects Fund to track the progress and funding of capital projects. S~~~~~~E: Frank Gryglewlcz, Director of Rnanclal Servlca. , ~ Approve on Second Reading. b. fr 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. a. Recommendation to go into Executive Session i'7!~iately fe>!lowing the regular meeting to discusa a personnel matter.~ 14. City Attorney's Report . M~~ The following minutes were transmitted to Council from 02/16/96-02/29/96: • Englewood Liquor Licensing Authority Telephone Poll of February 7, 1996. • Englewood Board of Adjustment and Appeals meeting of January 10, 1996. • Englewood Public Library Board meeting of January 9, 1996. Plew note: If you have a diMbllity wl IINd ..-., ... •---. plwe llllllfy ._ Clly fll liialawood (762-2370) At a..t41hounln.tvaceol ...... ..._ .. ....._ ..._.,_. .. ' ( • . .. I. • 0 • • - ,· • 0 t• . ' • 1.NGUWOOD CITY COUNCU. 1.NGLI.WOOD, AIIAPABOI. COUNTY, COLOllADO ............. N1NU7Jl,1'M 1. Cal te Or*I' 'Ille ......... afdle EapeMllld Cily c-:il -Clllld ID order by Nayar a..• 7:32 p.m. 2 . ilwcedee TIie ilMICllioD WII pea by CouDcil Mamer Wigial. 3. fW,e fl AIIIIJeett 'l1le Pllllle al AJlelienor waa led by Ma,or Burm. 4 . ..Cal ,__: c-:il Memllerl llldulway, Clapp. Wigial. 8*nicbt. v.......,w....-.a.. Allleal: Nam AqumuawapRlllll. AllD ,.....: Cily ....... Clllk Cily NllltlW/ ..._ A.-ID die City ....... 0ace Cily a. l!llil 5 ........ Halllilt& Spec:illill Nlllllr ou.. e.ty. NIie wens (a) COUNCIL 111.JDD IIA'IIIAWAY MOYD. AND IT WAS SSCONDD, 10 APPROVI. 1111. IIIN1lffS or 1111. ll&GULAa JIID1'ING or naaDAllY s. 1-. Aya: Caadl...._.Hlllnay, V ....... w...-.11at11ichtt w....-,0app.a.. Nays : Nam ••••• Mayore.r-... 11111 dllrc ii cac ........ villlar_.__. _ 1c,1 t Did villlarl. HeaplaiMd dlll lClledlled vililDn • alloMld ID.,_ lir ...... ad -1ctzM d Yililan • alloMd ID apeak for 8w ..-. He added 11111 c.-:il Mlllller Wigialwill liaacdlejN Mic1111 6 . Sc•rtWVlliten ' •. ' .; I • • 0 ,3 I • • • Eactewood City C-U Febnaary 20, 1996 Pqe2 • 0 • (a) Dr. Jess Gerardi, 762 East Ambcnl Place, lllled be bu been a rcsidcal oCEqlcwood since 1963 . He explained be -praeaa to addrelis Council ,eprdiq lbe prapoal wbidl bu the backing ol many Englewood raidenlS. Prior 10 IIIMUII Ille prapoal, be wanted IO iadicalc wbaa bas prompbld llim to speak to Council . Having lieanl -aim, flam Ille Ma)u. City Muqer and Council ambers, that ODCC we bad a real atatc ..,_ we ODUld lqiD the plans for Ille redewlopment oC Cinderdla City, be -wry excited nm be lieanl dial Ille Ma)u W c:aUed a pras c:oaf'eraicc and aDIIOWICed that an qreemm bad beeD n:acbod. Aa a member oCthe Englewood Clamber ol C-ommerce Cultural Arts Commillee be said lie -iDvited, aloa& 1With Mr. Selwyn Hewitt and Mr. Ron Kientz, by Robert Simpson, to allClld a IIIOding aa Jaaaary 31 • 1With the deYelopcr oC Ciaderdla City, Mr. Skip Miller. TM Councilmembcn and Ille City Maaqer ~ allo tbae. Dr. Gerardi advised that Ille purpo1C o(llle meeting, U lllled in Mr. Suapal's iDvilaliaa, -IO •dim adapliw RUIC o( Ille Foley's building at Cinderella City for a cuhunl arts oeatcr .· He com!DCD!NI that •-ecllltic and ptbcred information bucd OD IIIODlhs o( lelClldl ~ by the Culbnl Arts Commillee and -uked to prepare a praenWioa for Mr. Simpal. He lllled lhll llil jN MiN w llilllilar Ill wbaa be will be propolina to Council this cwning. Dr. Gerardi remmed 1h11 be -IIIIIIIJ)'ed 1h11 Mr. Simplon did not -to be paying much lltClltion to what be -saying. 1h11 be IOIIDd Ille prapoal aside and sat cbcR u ifbe wu UIICCIIICCnlCd. He said that when it -Mr. SUlll*Jll'S IWll to spc:ak be-appalled to lcam the plan for Rldneloping CiDderella City was already in place . Dr. Gerardi lllled Mr. Simpson opened up bis plan and proceeded to indicate bow e\'Cl)'lhing bad already beeD doDc and that cbcR was DO possibility for changing the plan. Dr. Gerardi said that in bis mind be -thinking "wait a minute, it has been just a few days since a real alate agreement was announced, bow can this be ." So be said be ukcd why there bas cbcR beeD no CXH11111unity input in this plan. He noted 1h11 Mr. Miller said cbcR bad been numerous opportunities for community input and proceeded to indicate bow be bad Did with the Lioos Club, EDDA and others OYCr the Jut --1 IIIOOlbs. He IIMod 1h11 Mr. Milici said lbae bad beeD unounced publicly and asked bow could be have not t.wn. Dr. Gerardi advilcd 1h11 be -6nded becaue be ii pretty aware of what is going OD in Englewood and lie bad DO ~ oC lbae llllldings . He said be left the meeting dilCOW'lpd. to ay the lcaL ho days pulCld ud Dr . Gmnti IIIICd be --,erlld M1C11 be later lcamed that there --a lellioa with the U.. Cub, the EDDA lellioa w a praallatioll not an open forum. and dial leading cilmal like llimsl( ud ._ lie wlilo ate praenl toaipl allo, ul DO "-ledge ol uy meetings to dim~ plw. He lllid lie became CDlllidenbly aapier M1C11 be found out dial -City <:ouncil -*rs W aot -.. Miller's plans. Dr . Gerardi IIIICd dial be ii llere tonigbt to -<:ouncil that in bis opinioll lie feels Ille plu praenled by Mr. Miller does not in uyqy rdlect wbaa Ille cilimls think we me paiDa lllled OIi the 1994 forums. Dr . Gerardi pointed out that bis plan is quite COIIIIDOII when CXllllplRd to the de-mallin& o( America, the trald o(llle futuR to promoec village cenlen u delcribod in last Friday's Wall Street Journal and exemplified by this plan for Pueblo's -riverfroat lbopping ara. He pointed out that, IIIOll oC all, it ii far raDCMid from a project "that~ can be proud or u quoted by the Mayor in the Februuy Ith edition oCllle Englewood Herald . With that, be said be wanled to make the followin& prapoal. He noted 1h11 it ii iaevillble that within the next ten ycan cbcR will be a fine arts and c:oaf'crence oeatcr built rmbc:rc in Anpaboe CGunty . He lllled tbae me cuneotly only hiO llClllel'I in Ille aetrapolilan -. UIIICly Ille Deaver Center for the Performing Arts and the Arvada C'.cnlCr . He noted 1h11 bodl ate boaud IO Ille lullat extent, establishing a great nccd for additional facilities oC this killd. Dr. Gerardi -aiuned 1h11 the City is in a position to 111CM into the twenty..finl ClClllWy with M appol1llllity IO aalic -City fareaclll ill Ille meuopolitan asea with a finl elm, state oC the art. fine arts and ODllfcracc mar. He llllod 1h11 dlil goldca opportunity liCI within the coafiDa oCthe ~ olCiaderella City, by adlplia, Ille aumit BIOldway Sou&bwa&/Folcy's building, wbic:11 ii 1-Meedi• ad w built will ably Iller lllU the rat ol CindcRlla City . Our CIOIIIIIIUllity bas Ille DUdeul oC u arts wt c:Glll"ereace ~ ahady iD place . He said that many peoplc .-throup Eqlcwood, bul few IIOp and tpClld -,. Dr. Gennli offend the opinion that the center would bring lhouaandl oC peoplc to Englewood. He lllled 1h11 1CYC11 million people lllendcd cultural activities in the aix<Ollllty Deaver metro asea ._ year . With other development around this center, such u rataunnts, movie thca&cn, lipt nil, de., many people would • .... , \ I· • 0 •' I I I I? f 2X • • I ~ 0 l • . ) 1!1(1'1 ~ iifilJJ-lfJ[Jffl1~llf(JJlll'llfl!J;tfl[(!s1! fff i t] i f . e f tit I ~ I ! ~ 1 ! e ~ :11 l · _ § 1 r I I I a if! f •. 1 t If~;. I.Io. i _. ! , ~ 1~1~,~·11ifi:1 ~=~ilJ .f .llsn ·• .l ·o.!r.i 1 .1-i·1; fi 6 ~•· -i 'J f r irf( ir -tJJ · JI l : a· If~·~( fl~ir:f ~JJj~f · fiJ~i( · ·1111. ~lif~o.llii1 .!f l,1· 1a:~ lJ-! l(~.[J,~t'IJ:1 1 i~J!la=;:Jl 11 J flJr ,1hs 1•s! ·, r i , Ii '1· t I ~ 111 r : 1:1~ ·J ! I I 111 s ~ 11 f i, f • 1 l 11 ( iF .. 1 I ' i Iii r 1·S ~rr ifl I!: .1 g il I r . !;;fit -1f;1Jrr{1'1ts 1r1Jf1;irJ!!((ffl!1,f11lr!f1!fJ J •i J rJ1r~ll f , ~.fill ii I!· 5 It Ju"!Jil• o. ;iJI 1~i l1·til 1 1,111i1tltil 1 1111lJ~11·1ii, 1 1iiii!!1t~;iJ a· I I a. • ' ~ . I i • .. If . i & .t f r f i if if i I if f • ~ . ~ • -~ !i '--' I r • I O . • , ~ . ~ " I - - • • • 1:11.--City Ceudl Fd11,1ary 20, 1996 ,.. • 0 • I• (b) Richard DillemOR, 2239 Eat Floyd Place, pracntal to the City Clerk for the record, a copy ol an article from The Wall Suoc:t Journal daled February 16, 1996. He advised thal the article speaks to the fact thal the old box malls arc a thing ol the put. He thanked Cauncil for the lime, energy and dl'on they ba\'C UMlled iD addraliJlg this municipal problem. He llaled thal DOC many cities lla¥C faced this problem, though many will be facula it, such • 1'bonlloa and WCllminllcr, • their malls arc going down the lllbes in many iapcc:ts. Mr. DillemOIC main&ained thal Englewood can build a unique place with the village coac:cpt, thal people arc DOllalgic: for the put. He aid thal people MIil a -ol community, lhal lherc arc a lot ollooClome people. · (c) Vera Moalez, 2925 South Elali Street, llaled she Uva about four blocks from CiDdcrdla City and lhal sbe lUppOltS Dr. Gerardi's ClClllllllellts. Sbe com!DCDINI tbal sbe belonp to --1 orpnincions One UM1M1 2,000 people and she aid they lla¥C QDllfcrences every year and every year they lla¥C to go el-'ieR to bold their conferences. Another o,pnincim is lboul 500 people and they go to the Dell\'er Tech Center . She said she would like to w IIMIM'tbina here where we can ,enerate 10111C ~.too. (d) Linda Tourney DoDel-. 3556 South ClarkDI Street. aid sbe -born iD Englewood, u were her parents. Ms . ~ adviNd dial she is a pnil--1 anisl and the managing director or the non-profit organizatioo Altemati~ Ans Alliance. Sbe DOCed the Alliance is centered in Denver. They do activities throughout the year and one ol their main activities is spouoring one ol the largest an shows in Colondo oace a year . Lui year, sbe said. they triod to OUIRacb IO Englewood, to bold the show here, but they 'Ml'C Ulllble to do IO became they bad DO lf*lC thal would accommodale them. They were looking for 20,000 lqUU'C fed ol ~ or commercial lf*lC. They approached people with the Cinderdla City complex and they receiwd DO reply . She lllled tbll many messages were left, DOC only through people oltheir own orpnincioa bul tbrougb the bnlbrs tbll they were working with. Ms. DondDI explaillOd tbal it is the aim oldie Ahcmaliw Ans Alliance dial the cultunl apecll ol lOciely be expudod to the fidlR pnenlions. She C'OIDDICIMlld tbal this is 1Wllal sbe ws happening hen:. Sbe DOCed thal •• ha grown up in EngleMod • bu bad to go -to adlicw uy cultunl expaieoc.:a bocwe lherc is ., \'UY liaJe hen:. She feels we arc IMDI the oppallmlity 111ft to c:n11e IDl!ldbina tbal will be. • only to our benefit, bul to the beaefit ol ..,.aions to ocae. Ms. Daaci.. lllled tbal Mr. Gaardi is correct wben be aays tbal lherc arc c:bildraa nmnina the llnldl. we all bow 1h11. She aid Mat bcacr way than to lla¥C a place for them to NdiJect their eaerpes and learn lloa-to be a coapenllM part ol a ClOllllllunity . Sbe advised dial sbe is mo Miking on a ledeYelapmenl project in Denver where they arc taking tbRlC buildings. and po111bly nine, to tum them into an ans community . Sbe added tbal her experieoce in CIOllllJUCtion. ~ and plannina is ._, and -would be wry willina to ..t with aoyone who needs her llliltance iD order to .. this project to completion. (e) Austin Gomes. 3170 Soutb Humboldt Street, llaled lie llu been a raident ol EnaJewood for 36 years and is the Cbainnan ol the Enpwood Parb and Rec:nlllioa Onmillion. He aid lie bu appearal before Council on aeveral occuions and on one occasioD they ,. amended tbal Council look into the mailer ol appointina a cultunl ans commillion to pt this project off the paund. Mr. Gomes aid thal this is IOIDClhin& tbll is vitally importUI hen: in the City ol Enpwaod. tbal it will brina in maue and people . He DOied tbll if we lla¥C IOIIICplace like dial we will lla¥C Cllla1ainmeal and dilrerent shows and it will be a lot bcacr than the -• the Godlic Tbealre. Mr. Gomes advised 1h11 be highly RQOll!mends and amllldl Dr. Gaardi's RQOll!meedarion to C4uDcil tbal we aeriomly look inlo this mailer and Uy IO pt it off the pound. He aid we lla¥C the buildin&. all we llaw to do ii ODIMrt it . (f) Brandon Neyer, '330 South Upan Street. advised tbal lie ii a Balber oldie Natimal Eagle Sclout Auociatioa. be~ for the City ... IUIIIIIICI' in the Parb ~ and lie ii c:uneotly employed by Office Depot . He aid lie comes to Council tonight• a member oldie EnaJewood High ·• -• "' - I· • 0 l . • ,ii I • i[J ll([lf£1~1~1llifff!JJ[l~f~1,1ill'ftfJillil 9ifl !ff 1r e: ~ ~ . 1r ~, . I I I r s· J: 1 • ~ :. ~ t I J. s i r J ! ! ~,: ~ , s f. i 1 , l F ~ ~· ~ Sifrl S.J~ • .i}81 -~ii i ( .r(J ii · ~ :a:••, II l!!li!!Jl!11f~!f!!1!1111!l!~f;~fl~! ~~:~i:[l~i tifl ljifitfili!ljil{ilfi!jfflllil!lijiiilljiilllJ! I 0 • •• I tl . f II r I J 1 f $ • s i i f.f l I ~ r . •1 . • • l f Ii' I i1 ! hl 1lJ;h r'l!1ti~i!' ''t9 f tf.-r 1f'iJ 11 f/;ir ,, [11~ rr111i1!Jtlf,.t11J,rtJff1iJ1liii!lrf11li11l1~! I H • int l ''Ji r, r'1I a:Ha I I l l I Ii f f 11 r,11 1f;f iil]t~il1ti•fr!•1~!rt{fit!f?J,lll1l!fil.l~Jirr fl' .. i'rr ihHij 1J!1l!I1r !nUni 1hf h1H H I ... I ' ... r Jl!~-...1." I ... "' ~= ------. --• • ...... N V 0 • • • • l.•&lewoocl City CeuacU Febnaary 20, 1996 ..• , • 0 -,. North Dcnver Tribune, that the community -actively behind trying 10 reinvigoraac that thcaler, trying to preserve it u an historical facility and get it running u a lbealer. He said be knows, as a pro(Cllional musician, that tberc is a need for these facilities . Mr. Vriaenp said be could DOl believe that be rad llalcments that said nobody came forward 10 say we can praent IOIDedling in this lbealer, nobody bas come forward with the energy or the molion or the money . Mr. Vriclcnp advised that the Demer Musicians Alsociatioo is 100 yan old. bu 1100 professional musicians and bu about a million dollars in aaets. He said be called up their rcpracnlalive lawyer and advised that the Denver Musicians Association wu already talking about their own plans for a ma-profit orpni7.ation. the music an center, and this ,wuld be a perfect facility , a perfect maleh. He wanted 10 know if they could work out IOIIIC kind ol anangement. bring in collaboraliom from other ans orpniulioas that an: clcspcralely looking for this tbemlelves. At that time, be advised. be wu told by the main repreaenlalive attorney that they were not at that point yet and they did not know what -going to happen with the facility . Mr. Vriesenp llalcd that the point is that the lul be beard it is going 10 become a Builders Square, aDOlber giant cube with a parking lot. He DOlcd the problem with this developer is that they -a problem in that the thcaler is in the center ol the current amusement park site . That is why they have proposed studies lo move it to the comer, the periphery. He llalcd that in 1965 a Roc:kef'dler panel federal commissioned report OD the future ol lbealer. dance, music in America. prublems and prolpeclS. llalel "the panel is molivalcd by the aJIIViction that the ans are not for a privileged few . but for the many . That their place is DOl on the periphery of lOCiety. but at its center . That they an: DO( jllll a form m recrealion. but an: m central importanee to our well-being and ~-" He said if they could take the Elitcb T'healrc, have the arts at the pcriphay instead or a ma11 . ~ the ma11 around the arts u11 c:ultuR. have lllllldbing m integrity and do similar things with Cinderella City, be feds we can fiDally bn:ak this trend m lbele giant mega complexes, which an: jllll killing thamdves. ud aw ._,,bing dial is finally a give back lhal works with the community. (h) Diane ee-r, 713 Ellll Mlllenl Plmlc. aid lbe Im lleea a citizen ol EDglewood 1iDCC 1963 . Sbe said she jull wamcd to ay dial lbe apa will! Im dleory, dlil idea. this WOllderful plall ol Dr. Gcranli 's ud all die people no 111W ..._. c-il dlis ~ Sbe said she aied every time she .. down Bnladfty ud -all die....,, ..... -dewlaped inlo anythiDg but. pile ol llric:b. Sbe IIIUd dial CouDcil aat lCI 11111 ...... to .......... c.-that goes into Eqlewood. <i> Bill AabloD. 101, 5-lk Madi.-Sll'IIII, advillll ... 11e us 11eea the drama tcacber .. Englell'ood High Scbool for die ... fifteal ,,_.. He aid it is• .._. to work in this CXIIIIIDUDity and to have dinlClcd so many sbaws .. EDgleMod High Scllool . Mr . ~ said he thinks this is • woaderf'ul community that bu alft)'S supportod the arts. He llllcd dial Dr. Gennli's plan makes a grat deal ol sense knowing bow this community IUppOrtl the arts. He..._ drial if ,au want to• ffldeace ol that they will be doing My Fair Lady in a-Meb. He said be lllal always lleea ill awe ol llow this community supportl the arts. Mr. Ambroa poiDted OUl dial the Arwda c... is ....... _ olthe only communities that lends its name to • cultural hub and be dlillb dial -... m. aaltural ..., ill EqleMlod -.Id bring people to this community to aupport the arts ud DIil jull pa11 tJuuuali . He llllcd dial be feels Anlpaboe County is • Qlltunlly rich CXlllllly dial ~ IUppOl1 lllis -EllpMIOd has die opportunity with tbe building already lbeR. Mr . AmbrnD aid be does 11111 lllillk dle-.ld _. uother Walmlrt or aDOthcr Best Buy , but he thinks the -'cl does llllcd c:ultw-e . He coecWed by saying lhal be came this n'Clling to lead his support to Dr . Gerardi and his plall. (j) Anne Street, 325' South Grant Street, llatod she is a fairly aew laidall to the Englell'ood CXIIIIIDUDity although she bu liwd in tbe Denver area for quite awbile. She adviaed she is a member olthe Englewood Focusing on Tomonow (EFOT), the Chair oldie Cultural Tlllk Fora: and she felt if the other memben ol the Tlllk Fon:c -praent this ftelling they -.Id al111 pledae aupport to Dr. Gervdi's plan u lbe feds it IOUDdl aood-Ms . SlRICl said that she is DIil really llere apcakiDa a a member of'EFOT, that lbe is speaking more u an individual who is very, very concemcd about tbe flltw-e • ..... "' - I . • 0 , • • I -~-_, -- ,.,,. ) ) l . . ) 11111~11 ''lfl fll'l~t~ffll'll'a •ir111111 1~1iJ·~!; ~fi II llsl-lfl f-::i tf 1 afft· .isi lllJtt .lt ii &·I .5t ,~s 1 11.r! l~· r -'f J~i 1ll1~~,1a,~1~ 1trll1t~i~ ·11~ fn sfr-'11 ·( lj~fl: ~ ~ t}a!f ! i(l l;i 1 t·11l1 ·lr .r !'~ ;11!lf;!i[ ~:(1!~ .~fl!1lillif'1·!!fi ;11,~.1-~~~li!il . i r-t ~ • 11 't J Is s ~-J i I· ! i IS • 1 IS I f i 1.. I ··1 I 1-& I' ff. ll ,~· [il't'11 · ~1 r!J [ti ~i 1 1:rH 1 !f iHif h d r t1 1 I ,if ill 1 ,1· ,1 1 ~•'I' !if'i :i srli!irl!•i,rr i1r1f.iffr{1J,, ll1r'1 [~f '1fl 1 ;1l~fr1f1J~;l ·J~i (;1 rrJJJii(i!~' !~~!ll~I, [!_~~ ;;1f!f1!!;IIff~fj t(l~Jiri!l~wtlf '·.jfll .. fl1rr11.R'1a:1 I 11· l111·11111r l.!111~ 11 11 1t!•1~1 1·f 'f~ !il~lt 1 f;a: . , a "' i 1 . ... ; 1 . f a s s, o.i l 1 ··11 •. f,ri•t ~,Ja1,ffr if!flJ! ·,[1,Jt ~jiliiiff i!ilf liilli!itllJ1111 Jilli1iif(ill1i f~Jrrfll[J ftl!i ~[IIJ~J}f~fJ 1tJ}r1 IIJ Jf'[1[~l~1; · ,.. ir l ~ · ;$ a,P. ir sj irt ,1;.~lsi -~-· • • 0 • r I 0 , - ' :; I • '\ .. • • • Eactewood City CeucU Febniary 20, 1996 .... • 0 - utwort nationally . He said they also miss the pancake boule. He CXIIIIIIICllled dial be undcnWlds dial outsiders came in and brought the mall. He said be asked the lady aa the c1oou1 boule. the poople al Onqe Julius why they were leaving and be wu told they jumped the rent so high they could DOl bandle ii aod the rat WU the same thing. Mr. Scoa Slated be thinks the amwer WU greed. He aid they IIIOd to have fun at Cinderdla City, be misses those days and 1l'OUld like to aee them C10111C baclt apin. He Slated to Council, plcue. plcue DO more white elcpbanll U be bas a weak IIOlllaCb and be canDOl llalld ugly people and be caDDOl llalld places that are empty. Mr. Scoa adYiled that be and bis wife support Dr. Gerardi and be asked that Council give this a lot or thought before they do anything. (n) June Hawkins, 48.30 South Pearl Street, llated she bu liwd theR for 43 years . She advised that there is a park 11C1011 the 11.reet &om her dial bas hippies, vandals, drug poople and 1CX things going OD . She ClOIDIDCDted that her c:hildrcn MDI to IChool in the building theR and ii bas been an alzheimer clay c:are center for about eight years and lhc bas been a wluntoer OYCr theR for a cx,uple of years. Ms . Hawkins advised that they arc talking about renting it out to _....bing bocaule the want the bucks . She said she talked to a lot of the neighbors and she wu at the mceling last Tuesday and they are talking about a preschool which is fine . However, she Slated that she understands that the building is full of asbesJol so they want to tear all of that out. She asked at wboae expeme, because the mill ~ will probably go up . She aid -fll the )'O!IIIII neighbors have children that 1l'OUld use the preschool and the AU Souls Catbolic Church OD Lopn aid they mighc want to rent it for a pracbool. But, lhc pointed out, the ubestol will llill have to go . Ms. Hawkins Slated that lhc and Olbcr neighbors rccommcnd that they 1cYc1 the buildina 11a:a1s ii bas o1c1 plwnbina and wiriDa and COil S700 • month to beat . She pointed out that if they uae the building they 1l'OUld have 10 put in -.....,_ at more taxpayen' expense . She said they have talked about puaing more c:luaes OYCr tberc, bul the c:luaes did DOl last long until the alzbcimcrs 1WCD1 in about nine years ago . She said the Deipban ~ liu die building leveled, it is Duncan Pan. and pu1 a bia 0ower bed iD there and• aid dlcy-willilla 10 woec1 it ifneceuary. Ms . Hawkins said they do DOl aeed a building dial ii goiq 10 COil dla 1• fll dollan to remodel so a few kids can go 10 pracbool. (0) Sieve Mulbenl, 2750 Saudi ~ 1111111 lie Im llecll a die Plalmin& and 7.oaing CommilliM. the Ulllu Rwl Audlorily, die Houliat Alldlorily wl lie w allo OD the aelecliOD CIOIDmiaee wllerc they c:llole the clcvdapcr. He said lie ...... far die -.I, IO ma)'bc add - penpec:tM a 10 wllerc M are and wilere M UVC -IO dlle. He adviled dial wllcn die ldoclion CIOIDmiaoe 111d with the citiza's poup dlae MR lwelw cbdo,cn dlll lllbmiaed pn,pcmls. n.. propoals. be aid, MR DOl aecesarily a mpc1111e to an RFP, a...-far pnipaal, they wm lnlly a rcspome to an RFQ. wbic:b is a laplCII for qualific:alioas. He lllled dial durina lbc time they loc*ed II all proposals it wu apparent to tbem dial dlae wu the aam fll die crop, and they unvwed dial down to a group or four developen. Mr . Mulhern advilDd dial pn,lcaioully be is in the CIOlllnaciaJ real aaatc business, be is DO( in the relail side o(the busi-. The bU5i-. be noted, is a Wll U a number o( dilJcrent industries. He llated that be does haw expatise and undcntanding o( the development proceu. He said that when they did make the lelection and narrowed ii down to the Millcr-K.itdlcll poup ii - very obvious to CWlyoDC that here -• poup, mainly Skip Miller and Kitdlcll, dial -Eqlewood in • special way. He a,mmented that the -be wanted to add -pcnpecliw toaight is becaille ii is very cuy to look al the developer and ay "you hid py, look al what you are goiq to do to us ." However, be pointed out. they have newr appnwe11 a p1an • rar • be t.ws. 1n fact. be added. durina the proceu where WC responded to the RFQ Maid ld'l lislcn to what their dream and vision is. He said, llciq a prolcssioaal in the industry, be can ay tbal M have an impecx:ablc team in Millcr-K.itdlcll. He said be wanted to add a word o( caution to the OIIIIIIDUDity IODiaht, dial EnaJcwood bas a number fll black C)'CI in the development ClOllllllunity, it bas a number fll prublcms . He maintained dial for III to pt 12 wry qualified, wry good developen to rapoad to an RFQ M rme to a higher IIOICh . Mr . Mulhern Slated that M have to be very cardW II this poinl to -11 very clolely and be bclp(ul with the dcvelopa', M have to pl from point A to point B and M canDOl do tbal .a-. He DOted that when be pw the preaealalion to . -• ,. - " I· • 0 ]- • • • Eastewood City C-11 Febnaary 20, 1996 ... , • 0 - ~. Council be aid we 1R II the point that we 1R trying to build a hacbiae and be tbought be cqllllOd it to looking for a first round draft pick. At that point Miller-Kitcbell -c:lcarly the Micbad Jordon, the John Elway ol the development tams that were praaded to 111. He aid we llave to be card'u1 11 we build this team that we do DOl paint the~ 11 the bad py, be is ,oina to aet III from point A to point B. He emphui7.ed that it is -,, • wry imponant that we do DOt lllylDic. llow clown or dilcredit the ....-. He said be c:autions everyone tonight to really look II the aeloclioa that -made and look II dllll II a posiliw DOIC. Mr. Mulbern advised that there were three tbinp they looked II wry aitically. Tbey wanted to make IUJ'C they knew the loc:al retail landscape, that they hive the fiDw:ial capability and a vision for Englewood. He said they met this aiteria and they IR DOt just sitting back waiting to ClOUllt their chips . He DOied they hive invested far more than anyone elae in the room with the cxa:ptioa or poeentially the Slaff on what is Cinderella City economicllly viable for and bow can they pull it togetber with the a,mmunity . He said be just WUllod to caution everyone tonight to be \'Cl)' aensiliw to the .,.._ and undcrsland a plan bas DOt been appn,ved but we hive a wry pod, qualified developer. (p) Kristi Daugheny, 6953 South Trenton Drive, stated that sbe owns property at 3155 South Lincoln, is the manager olGuys and Dolls Furniture and bas been in the llOllllllunity since 1949 . Sbe advised that sbe bas been OD EURA and the Parks and RecRalioo Commission and bas ICCD what the Cowlcils can do and sbe bas ICCD what looking II good developers does. Sbe stated that we always Uy to get• good clcvdoper, that Councils would be remiss if they did DOt get a good clcvdoper. Sosbe said that whit you IR saying is rigbl, but if this developer is DO( lookin& II us II a whole and locally going to take on Dr. Gerardi 's icleu sbe felt that would be locally remiss. Sbe commented that sbe remembers the park. the fire llalion and all the good things. Sbe said sbe also appRCiala the arts and asked why we do DOt hive anything more in an artistic way than maybe LaPorta '1 Gallery . Sbe pointed out that we do DOt hive any movie tbellcn. Sbe stated sbe feds that if the developers IR II pod II Mr. Mulhern ays then be will look a little bit fwtber and iDcorporale Dr. Gervdi's tbought about an artistic: unit with the li&bl ml and put it all together. Sbe llid tbe pniblcm is we hive torn clown ~ Sbe aid ber falber aid once we hive built it and aver built it apin and apin. Sbe com!DC!Med tbal dllll is 1111e ud she Wlllllld to know what bappcned to pod old Eapwood. Sbe stated that ber pudfalber plowed Broadway and asked that Council DO( c:banF Ill~ but jusl build Ill up bcaa. (q) RIIICIIW)' LaPorta stated sbe bas LaPorta Alt Gallery ll 3422 Saudi Broadway. Sbe aid that II sbe bas liSICDed to peaplc speak about Dr. Gcrudi'I plan she bas beai averwlllcl-s by the cultural upc,cts of what could to bappen to Eqlcwood for many yan. Ml. LaPorta advilCICI tbat she trial for • number of years to get a couple ol community projects aoinl and it did DOt really aet the job cloac . But she said she thinks we DOW llave the opportunity, with the community mnding bcllind Ill, to do something grell DOt only for our immedi•!C CIIIIDIDunity, but sbe felt we allO lleell to think about Anpaboc County . She said sbe thinks Littleton bas been lllfrain& for a \'Cl)' loaa time II far II aetting their plays and all of their cultural activities aoinl and keepina people molivated. SIie aid we lleell to put the cnliR thing into pcnpcctive, we IR ldlin& II a point tbat could c:banF the billOly olEapwood. SIie IIMed tbat what they'" propoliDa throuah Dr . Gcrudi'1 plan is aa1 ..,.,.,.binajull for our immediMc community, but for all o1Deaver. Sbe aid she thinks it is woadcrful, tbal we llave to hive a tfflDeDclous vision for thi5, and sbe thinks it is poaiblc. She COIIIIIIClltOd tbat they bad the Director ol the Deaver Ccn1er ol Pcrformin& Alts speak and be aid the City ol Deaver makes DIOft -, from the performing arts culture than they hive from tbe sporU involwd. Sbe asked Cowlcil to think about that. Sbe pointed out that we hive • lmncndoul opportwlity here and sbe hoped we would DOt tuna our bKks oa it (r) Laun Brinkman aid sbe lives in Denver and is the Allistant PriDcipll alEnaJcwood High Scbool . Sbe COIIIIIIClltOd that since she bas been put olEnpcwond. becallt she is put olthe 1Cboo1 system. the one thing tbat bas impraal ber ii this iDcrcdiblc -ol comamity. SIie aid she bas beai in the ICbool system four yan. Sbe lllled she bas beai to Denver City Cowlcil meetiDp and they never hive this kind al crowd and this kind of aappon . Sbe llid she applauds the cilizem wbo 1R here . Ms . • I . • 0 f 2X -- • • Easkwood City CoucU Fdlraary 20, 1996 PqelO • 0 • I • Brinkman llid s11e is 1111D here 1111 bcbalf m tbe Eoglcwuod High Scbool lllldcats and 1h11 Dr. Gennli lpOke to their leadership elm. She Qlllllmeated that we Ill know youth can be very powerful, Ibey can be powerful iD I politm ny 111d Ibey can be powerful in I neptM ny. She DOied sbe bas -one lludcal lllking to one lludcal 111d IIICltber lbldent 111d IIICltber lbldeDt 111d sbe bas aeen this energy 1111t to pow about, let's get iDwMd. let's be powerful, let's be pan mwlllt blppem to Cindenlll City. She llid tbll is I bud wagon sbe WIIIIS to jump OD, becaulc if uybody is powerful it is when I bunch m youth clocidc to do IOllldhing together and Ibey want to do _....bing politiw. Ms . Brinkman lllled sbe undentlnds that ~ m Ciodadll City is I buac 111k. but s11e hopes 1h11 Council will aeriously c:oasider Dr. Gerardi'• plan 111d lislcn to whit 111 tbe people hive to ay. 8ec:aallC sbe llid sbe belie\'a in tbe 1111 111d sbe belie\'a that there are lbldents 111d plRIIII there to auppon it 111d obviously this a,mmunity lllppCll1I it <•> eorey Cbilclen. 3757 Soutb Lincoln, Died 11e bas liwd in Eoglcwuod 111 mbis eighteen years. wu born II Swedish and wwb II tbe Country Buffet He llid liltcning to tbe Olber comments Ibis evening bas llllde bim think about tbe flCl tblt Ibis is I UDique community 111d anytime of tbe day be can drive down Broadny and pawn anytbing be wants to, can get I IIIIOo in oumcruus places, be can stop II about eighteen 7-Eleveo's and get I slurpy and if be were old enough be could drink in any number of ban along Broadway. He aid be is kidding m course. He lllled be got bis acceptance letter to college today 111d he wiU be going to I libenl arts c::ollege. He llid be will ~ in tbeller, IS buodreds of other people II that paniaJllr college are, IS well IS lboulandl m people everywhere elae. Mr. Childers Died tbe 1111 111d the pe,forming ll1S, painting, tbeller and music and cverytbing else is rally ID imponlnt part m AmericlD IIICiety today. He commeoled tbll be knows it is easy to II)' Ibis is I rally big, UDUIUII project 111d look 11111 tbe little tiny thealen in Denver tb11 barely Fl by. But. be aid, it is 1111D imponlDt to look II tbe Amidi Center and tbe Denver Center for tbe paformiog 1111. He DOied that be rally lo\u to go see plays. but be does DOI Fl I cblOce to do it mudl became it is expemiw 111d even if be can collect eooup money it is bard to set tickets. Mr. Cbildcn lllled tbll there rally is tbe bae m people tbll -.Id WIDl to go see tbings 111 quality performing 1111 center . He llid after lie is away 11 collqe for four to six years 111d C11111e1 back to Englewood. if you build I Wllmlrt there tamanow it may or may DOI llill be there bul be llid be tbiob be can panotee tbll I performing 1111 CIDlllplex ~ llill be there. He llid be is takiq tbellcr dlaa -llld be looked II difrerat places be could do tut 111d tbe ODly place -ACC 111d tbe Amidi Center, but be llid be CIIIIIOl clme up there . He llid there are Ill kinds m peop1e tbll Wllll to .. this. He llid tbll if you make a quality center tbll will ... tbne in tbe Deover metro-. one aonb. one ceoual ud oae IOUlb wllicb be llid be feels oaly mbl -· He llid it is easy to mDe up witb I quick fix, lmodt ltufr down and build IDOR ltufr. But be llid be hopes Council will look ahead IO wlleo their c:bildrm c:iome back to Eaglewood tbll there will be _....bina there besides -emp1y IIOft:I tbll lhcy can be proud m. (t) Allo Nabbolz. 2990 Soutb DelaMR, llid sbe Clllllel to Council IOllipt II tbe mother m I fint grader 111d I wluoteer II Bishop Elementary School . Sbe Died tbll due to tbe puadc 111d tllOle c:bildrm receiving tbe bell mucbiftl youth IMld, tbe excilelllelll II tbll ........, ICbool llll becll -- stop. She llid Ibey put out a flyer tbruup tbe parent te1111 to -if tbe kids~ be iDlaaled in Ill)' kind m dubs. She l&lled Ibey were inlcnlted in tbineeo clifrereoa dubl llld Dlllllber cme -drama, CXIOking 111d computer. Ms. Nabbolz llid sbe took drama wllicb sbe bas DOI bad lioce bip ICbool. Sbe ldviled tbll lhcy are \'CfY excited. She l&lled their fint production will be •Wby Do Pirales Take 1 BalbT'. 111d IS tbele kids are II ID IF in life where Ibey do DO( like to like batbs, it is -- bilarious . Ms . Nabbolz-.rapd Council to pleue take a look II Dr. Ocrardi'1 plans. She llid sbe, too, played in tb11 pa,t 111 little girl 111c1 there is 111C1tber a,eaer11iOD mkidl CX11Dioa up tb11 we ra11y med to put this witb them . (u) Ray Hakaoaoo, 4111 Soutb Lincoln, llid be did DOI mne tolli&bl pluDing to speak. But II be lilleDCld be llid be felt tbal Ibey DNded ID pull tofCl,ber -tbinp tbll were lliDled IL He • I· • 0 ' ]- • • • Ea&Snood City Couac:U Febnaary 20, 1996 Pqell • 0 • I • said bis family came 10 Enpcwood when be wu iD lbc fifth pade. After gradualiDg from Englewood High School be left for collcge 111d bis fint job 111d WU gCJDe for le\'aaJ yeDn, but DOW be is back, back home . He llatCld thal Englewood bas always been a special community from lbc time be ,,,.. • kid on bec1111e it ,,,.. a unique COIIIIIIUllity. He aid if you ID up 10 Amhent 111d 111111h you were iD a City, you uy down bcrc 111d you were iD a community . Mr. ~ maintained thal it wu unique becaUle it bad thiDp you did DOt find aaywbcrc else. He aid be tbinb ~ pan ol wllll made Cinderella City succemul wbcn it came out wu becaUle it wu unique, _it wu a forenmner 111d lllnicted IIICDlion. He said be bas DOt followcd lbc propas 10 dolCly 10 thal be knows exactly wbcrc we are al iD lbc finalization ol plans. He comrncNDd thal you 1Ce lhiDp iD lbc paper tbat makes you think dial it bas bocn pmty well c:ut in '10IICRle or awful close 10 il He COIIIIIIClltDd thal be llapel it is DOt tbat dole. He aid be thiDb tbcre have been -commeDls made 111d -idcu 111d feeliDp vented bcrc IOlligbt dial II)', C'.ouncil please do DCll do IOllledling thal ever)' Giber CIOIIIIDUllity is doing. do not just take llldjump OD IOIDd,ody else's band wagon thal Iola us our uniquenas thal makes us wlnenble 10 goiDa down lbc tubes with lbc rat of lbcse places when situalioas change. He encoungDd C'.ouncil 10 do IOIDdbing thal is going to be unique enough that it will stand 111d help us 10 be lbc kind ol a,mmunity thal people want 10 live iD 111d a place dial says I am glad I live in Englewood, I am glad I don't live in all lbcse Giber places around us because Englewood is special. (v) Carolyn Tare, 2798 South Emerson, llaled sbc is an English tacbcr al Englewood High School . She aid thal sbc bas been bcrc since Cinderella City opened llld-ollbc thiDp sbc bas always appreciatDd about Englewood is thal this is a unique CIOIIIIDUllity . It is a IUbwt, but it docs DOt ladt wllll other suburbs lack. as it bas a focus 111d a center. Ms. Tale aid sbc thiDb we need 10 look at !be bcart of Englewood 111d II)' bow do we MDt 10 take cue oltbat bean. Sbc commenlad lhat sbc fods thal lbc possibility ol baviDg a cultural arts c:cntcr bcrc is -, excilin&. ID 1994 wbcn there -a lot ol dilCUllion about wllll wu goiDa 10 bappea to Cinderella City, sbc llallDd lhal sbc asked ber lbldallS if Ibey MDtDd 10 write about il Sbc aid lhal -ol lbc tbillp lhal Ibey wantDd -, much, -to have torndbing for lbc lbldenls and DOt mue it IOIDdbi111 lhal people just w. but find a place far IIUdeuls to spend time. Ms. Tale llalecl sbc fclds lhal lbc cultural arts cater~ ccnaiDly pn,ride lhal and in 11 -, palitive MY. Sbc commcntDd tbat sbc feels it ~ dlaw people bcrc ud add a toucll ol elm. Sbc aid sbc allO read lbc article in Tbc Wall Sb'ICl Jounlll ud * aid sbc dwlb dlal if tbcre were IOIDdbi111 lhal bas llllelllion paiDa appealWlC from HampdeD it will dlaw people in, iallead a rqular box ol a IIOIC . Ms. Tale aid sbc UII iDvitDd a fncnd ol las fnla Ille Calarado Maualain Oub 10 aime 10 1bc madina toni&bl but sbc became ill. Her fncnd is-, adiw ill Ille Calarado Mouataia Oub, sbc said, and tbcre are tbousands ol members in lbc melnlplllitu area. Sbc DDIDd lhal Ibey hqucally organize eveaillp wbcrc lbc members can join tosether 111d be in a cultural poup. SIie aid Ibey dlaw from all ol lbc IUbwtlan areas and Deaver 111d this would be 1 .-onderful area for people 10 come llld rally experience IOIDdbina unique in Englewood. (w) Kay Toudlclte. 3057 South Fox Stred, aid dial sbc is an 11 IIIOll&b old raidall and bas ownDd a boUle for eigbt -abs. SIie aid sbc kDows sbc bas to Id in ilMIMd in Ille COIIIIIIUllity. SIie aid sbc tbinks lbc idea tonigbt are rally aoact. Ms. Toucbcae commenlad lhal sbc bas throe dlildrm. She llaled lhal wbcn sbc -lbc pditi and things it rally bwU. Became sbc aid sbc is from a rally tiny place in upllale New Y Olk 111d tbcre are IOIIIC rally nea& IOWDI back home 111d tbcre ii a aue ol aecurity tbcre . Sbe c:ommented thal Ibey do DCll need to have neighborhood MICb becaUlc evel')i,ody knows wllll everybody ii doiD& anyway . But sbc aid wbcrc sbc liws tbcre ii a piece ol property tbat bas a depot on it 111d sbc llapel thal it looks as oiQe as it does in lbc 1ibrlly aneday. Sbc aid sbc 111d Ille neipbon look a1 it and wonder wllll Ibey are going to do with it 111d sbc rally docs DOt kDOW wllll ii l(lin& to happen 10 il She llatCld tbcre ii an extra piocc ol property which sbc ~ lo\'e to 1Ce as a llllall part 111d as a p,mous lady aid about weedin1 lbc Oowen, sbc aid sbc would plant lbcm 111d take IOOd cue ol them as Iona as sbc ii bcrc . Ms . Touchette aid thal sbc tbinks bmutifyiaa the Clllllalllity llllkca us proud ol our CIOllllllunity alao . Hopefully , she ClOllllllented, C'.ouncil will tbink about tbclC proposals • ,,, . "' I . • 0 f • • • Ea&tewood City C.Kil Ji'ebnaary 28, 1996 ... u • 0 -I • seriously and not just look at us like this is just therapy to get this off our chest. She llid it is imporwlt that Council and the deYeloper lillCD to the citiz.cns and she aid she hopes the deYeloper is hcrc this C\'Clling. Ms. Toucbeae ralenled it is imponant to liSICD to the people bclcaUle WC "-wbll M -i and WC "-wllll WC MDL She ~ the bigh IICbool ltudcnts because she llid it is rally cool that they get involwd. (x) William S~ 2911 South Cherokee, advised that be is 64 years old and bas IMd in the bo1J1e IUlllC be WIS born. He aid that looking ll'OUlld the RIOm be aees many people be "-5. He commented that be aees the park that WIS t.on1 dowll to build Cinderdla City. He llid be privilepl the parks and recrcllioa that the City bas. He llreaed that be wants Council to 1lkc I real IIJ'Olll look at the people sitting behind him. He stated that this is I 1111111 pllt al the bub of Englcwood ud Council should listen to these people . He llid be bas spcnl 22 years II the City'1 lloliday parade U a judge right along with Dr. Gerardi . He advised that be WIS an auxiliary eop for six years iD Englewood• a wluatcer. The reuoa be did not continue be noted.. is becaUle be Ila a llandic:ap and they decided to wear guns, 111 be WIS automatically out. He aid that bun \'CIY, ~ much . Mr. Simonton pointed DUI that after be left Englewood be spent 22 years as a Sheridan wluateer fireman. He llid be lives in Englewood, IOYCS Englewood and his heart is iD Englewood, but Sheridan 11\'C him a c:llallcngc . He llid worts at Goddard Middle Scllool rigllt DOW, that be bas put ) ! years in IICbool work . Put al that work WIS in Englewood and pan WIS in Sheridan . He aid there is DO better man than Dr. Gerardi and there arc DO better people than they have right here. He stated be works with the kids, be is a COUlllelor, 1 lunch R10m and playground supervisor. He maintained that IIIOlt of Council sits oo the desk right here and they do not get out o( this n,om. He asbd Council wily they do not get out of the room and look uound and -what they have in Englewood. Mr . Simonton llid be lives next door to a man wllo is in beaer sllape than be is, be bas two bands and two feet. He aid wbcn be came back from vacation Council bad put a rule in that all campcn bad to be oil the IUeet. He lllled be would MW aoaea a lawyer if bis camper bad been gone . He llid it toak bim two MCkl to get bis camper. He aid be bad to take I tnlC dowll. He QDIDmeated that be Ila doac C\'Cl)'thing that the City Ila -*ed. He llid bis aeipbor Ila a truck OIi the 1Ueet that is a big • bis camper wbicll be Ila to keep iD the back. Pointing at Council, Mr. Simonton llid that be bas called her and she Irma 't doac anything IO be quit, bul be aid be lliU lcMI Englcwood. He maimined that this cealCr will help the kids al Englewood. He aid be wants OluDciJ to tab I \'el)', ~ IIJ'OIII look. He aid lie will ~ to work the parade. that be is praud IO wwk the parade. lioMYer, be llid be bad IO put up a pmacy fmce dear uound bis lloule, that be acts aloDg with the man. He ays the aeigllbor IIYI be Ila I bean problem and yet be paints bis lloule up OIi top and be docs not think it Ila been fair to bim or bis wife . He aid they bad to go into debt IO put in the fence. He llid the center is something that be will IIIC and be thanked Dr. Gerardi for calling it to his attention . He asbd apin that Council 1lkc I ~ IIJ'Olll look. (y) Jack Slicmcn, owner al the MolS Rock Sbop at 3461 South Bl'Oldway, aid be Ila been at that location for nine months, but in the metropolitan area for 61 years. He aid be Ila 1eeD a lot al things a,mc and go ll'OUlld the City • be was IUl'C Council Ila. He noted that COUDCil Ila beard a lot al people talk tonight from their heart about the IOUI ofthe axnmuaity. He maintained that 111 and culture is at the IOUI al humanity . He aid we have done a lot to procect the malcrialism al our IMI. we MW done • lot to take care al the OCIOIIOlllic and physical side al ounclvcl, but our IOUI we hqucndy acg)oc:t . He stated that Dr . Gerardi and IDOII the people spoke to the IOUI and it daervcs attention because when the IOul dies the rest docs not IIICIII ·much . He aid that the developer may have a vision and the c:ommuaity ... obviously spoke about their vision . However, be llatod, the qualion is ll'C they the - vision and CID they QOIIIC topther and do IOIIICthing that this community will really be pn,ud al . • • • • • ,. . I· f - • • E•&kwood City c..dl Febnaary 20, 1996 , .. u • 0 - "' - .. Mayor Burns thankod ftCl)'OIIC for coming tonight He llalal thal ftCl)'OIIC -Mlcome to 1111y for the rat or the meeting. He adviled lhlll there is • CIDIIUIIClll period aa the end or the mecliDg for CDUDC:il members . On behalf or Couneil, Mayor Burm, said be feels they are all quite duilled to -the enthusiasm Uld interat in the COIIIIIIUIIII)'. · 8. C-alclldoll1, Prodawadee, 1111d Appoiatamu There MR ao comllllllUClllioas, pmdamatioas, or appointments . 9. No public llellriDg -acbeduled before Couneil . 10. c-a Aamda MAYOR BURNS REMOVED AGENDA ITEM 10 (•) (II) FROM THE CONSENT AGENDA. COUNCO.. MEMBER BATRA WAY MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (a) (I) ON FIRST READING. (a) Approye OD Finl Reading (i) A M0110N TO APPROVE DIE 1996 COl'mlACT FOR UNIFORM CLEANING TO QUINCY a.EANERS IN DIE AMOUHI' OF $31,370.60. Vote..-ltl: Motion c:arriod . A,a: Council Members Hadlaway, Vormiaq, Wigim, Habenidlt, w,.._,,0app..._ Nays: Nolle (ii) Mayor Bums llllell thal dlis is a rec a 1 skle flam die Hlmilla Aadlarity to adopt a bill for III ordinance approving the alc or the followillc prapertiel del. al aped for die Bun.D project : 2035 Well Hillside A-. 2073 Well Baltic Awaue, 2083 Wat Baltic Awaue, ad 4801 Soush Grant Sired. He said tbal HaUlin& Specialise Nelder is...-. Mayor Burm cxplaiDed thal be CMIIOl paniciplPc in dlis dilCUllion bcaulc be is au-or the HaUlin& Ausllori1y. He adviled 111aa be will DOI puticipaae and will allltain flam YaW11-He alked dial Mr . Nelder explain the propoad bill to Council . Hoaliq Specialill Natler IIMIOII thal lie is in die HaUlin& DMlioa. He said they me purcllllled four prapertiel for the Bun.D Pnlpam 111d Mil they are alldDa a is permillkle to ldl tbem. He 1111e11 they will ldl diem with a acw ...._ built aa 111ae 1a11. Tbe .._ will be IOld widlill 7%. ,-or--. or the appniled value. 111c va1ue is .c uaaa11y orr or the buildiD& p1an1 and they -a1y ldl them 11y the tia the --is ftnisbed . Tbe City Clerk read Couneil Bill No. 9 by litle: COUNCll. BD..L NO . 9, INTRODUCED BY COUNCD.. MEMBER VORMl1TAG .. - I . • 0 - • Ea&lewood City C..CU l'ebniar, 28, 1996 .... , • 0 I• • A BllJ. FOR AN ORDINANCE APPROVING 11fE SALE OF FOUR PROPERTIES, WIDOI WERE DEVELOPED FOR 11fE "BUUDR PROJECT. ON 11fE OPEN MARKET. COUNCIL MEMBER VORMl1TAG MOVED, AND rr WAS SECONDED, TO APPROVE AGENDA ITEM 10 (a) 00 -COUNCIL alLL NO. t ON 1111ST READING. Council Memllcr Habellidll lllbd ifllleae a,e cleveloped pnlpCl1icl. iftbey a,e ..__ Mr. Nader aid that two an: almoll finished, oae ii IW1iDa today ud oae tbey a,e ldlilll nady ID art. He cxplaiDed that Ibey aR: ClOIIUJII to Couac:il bcfole die llouaes a,e mlllbled OD die opeD marbt. He llid WUl tbey mually do ii pul I group af four toplher 10 Ibey do -MW ID do it ew:ry IIIOlllh. Ayes : Nays: Alllwn: Motion carried. C.oucil Members Hadlaway, Vormiuag, Wiggins. Habenicht, Wagoaer, Clapp Noae Ma)'O'Bums There -DO additional ilems lllbmined for apprvval on leCOlld reading. (See Agenda IICIII 11 (b).) II. Ordiauca, ....._. aN Modou (a) Appnwc oa Fi.a JtadiD& (i) Dil1ll:lor Ellerty prelellllld I lfflMPeendetiOD from die Dcputmcnt af Public Works IO adop( I bill for U ordiDaDce approriDg a ClllllbKl 1ritll dae Cokndo Dcputmcnt af Tnmportalioa to llbaff Ille COil afdle Danmoulb Bike 1'rlil pnljaU. He aid Chey previoully addreaN llleae three iaaacs, oae af tbcm ii die DarlDDlllt bike trail II Cullliq Pn, Bnildwlly lidcwalb ud lidewalu OD BcllCYiew II Bnllllway. He llllecl dleae dine pnljecls MW been oombined into oae. He DOUld dial iD 1994 Couac:il i-11 three lepU'IIIC .... 11111 llllllorm CDlllnlctl for Ille delip af tbelc three pnljecls. Al dlil time, be cxplaiDNI, tbey MW llllell bidl OD Ille pnljecls ud tbey an: nmmmendin& dial C.oucil appnM dlil bill lbr ID ordiJlaDce dial 1WOUld appnM a CXllllrlCl with Ille Colondo Dcputmenl af Tl'llllpOltalioa to allow a 10 putici)llllc iD die COil af CIIIIIUUClion ud COllllnKUOD ~ for tllil-mNed pn,joc( iD dae w afSM,509. Council Memllcr Hathaway ccwmented 11111 dlil ii Ille aalmlDlliOD af a lot af ,-rs af cll'on af tryina to pt Ille bike padls lllroup. SIie cxplaiDNI lbal Ille floocl plain. urllaa naqe ........ ud ewrydiina ellc bad to precede dlil. Ml. Hldlaway mai!MiDNI 11111 with die beelfiflclliol1 ..... SalM Pc dlil ii pralllbly oae af die aGll ....... anllllld ript -IO bep pedemiul 111d llicydc lndlc llfc 111U11 anllllld SalM Fe ud o.nn-dt. Council Memllcr WlgDIICr IIIUd if dlil ii I DOI to exceed or if dlil ii OD a perce1U1C buia, therc bciD& Ml upper limit. Direc.1or El&crly cxplaiDNI that therc isn't I DOI to exceed ciaa iD die CXIIWlcl. He aid dley uvc die bid price iD fraal af111 from Lum ComlnlaioD wbo ii Ille low bidder II Slll,000. He llllecl 11111 after die Cokndo Dlpu1meDl afTrUlpOl1lliola (CDOT) lus added la $75,000 -111 af mn«in,cnclcl ud --1 otbcr tllillp die IOtal price UI IIIIIC up IO "'2,000 ud 1111a ii our 20% llbaff aflhll. bul daere ii alreldy I befty mn«inpnc:y ia1lall. ffe llaled, 11111 ......... there ii Ml upper limit apecified iD die Olllltnd with COOT M a,e camfoNblc 11111 1111a mllllller ii • 111U11 ID be CXCllllded. . -• "' - ... I . • 0 - - • • • Ea&lewood City CauacU Fellniary 20, 1996 Pqe15 • 0 I • • Mayor Burm uked if the liclcwalk project OD the IIOl1h lidc of BcUcvicw is the ame lidcwalk projec:l they were lalking about lut year, cut of Broadway, wbeo M were lalking about taking thole polel down. DiRx:lor Ellcrly aid thcR is a portion cut ud Mil of Bnladway, die ponioa where M -lalking about takiDa polel down iD people's backyards is a poniall lllll 11111 .._ omiaed rr-the projoct. Council Member Hathaway asked iftbat is tbe a:lioD 6-Federal ID Lowell. Mr. l!aerty aid ao, dial M AR ewer cait of Broadway. Mayor Burm asked if ml of Bnlldway m been taken out ud wblt bappeDed to dial. Mr. Ellcrly said • lbort portion of it WII, dlCle -iio fllDdiD& iD Ibis projec:l for ripl of way ac:quililioa and 11111e wu illlufficieat propeny to me die ldlitia and the lidcwalkl exill m the ame place . Mayor Burm asked if dial is w11ere 111cy me 11iae-. double po1e1 DOl1b of Belleview. Mr. Ellaly aid be -DDI 1UR be could dacribe die polel. llul dlCle is DO -for the polel aDd die lidcwalk to exist at the ame localioa. He adviled ... Public 5emce CGlllpany-aawillin& ID UDderpuuDd thole facilities out iD the Rlldway. Mayor Burm asked ifthcR is any lllldeqrowldiJI dlCle • aU tbal is p,ing 10 happen. Council Member Wigia llllled dlCle is iD the new corner projec:l tbey AR doing OIi die cut side of Belleview and the Mlt lidc ofBnladway . Mr. l!aerty adviled dial thcR is quite a bit of unclergrounding that already 1w gone on tbcR. but thele AR the larp, lnmrniaion lines. Council Member Wqgoacr Aid dial Direc:lar Ellaly made the CIDIIUDelll lllll Public Service Company is wnril1iD& 10 spend money to underpuuncl: He asked Mr. Ellaly if we uve med up aU of our allotment OD unclergrounding. Mr. Esterly answered dial they -mnrillina to underpaund by putting it out iD the roadway and they were unwilliJII to relocalC it without III providiDa diem with the right of way, and thcR -DO provision 10 acquiR right of way in die original Mmitt.al to CDOT for Ibis projoct. Mayor Bums asked if dial can be revisited Iller or is it jull pbysicaUy impollible. DiRx:lor Ellcrly amwcred dial M ClCllaWy can look al doing it later. He aid what M -.Jd wind ap doiDg is ICquirina ldditiooal right of way OIi the DOl1b lidc of Bcllcview and aCJing to the DOl1b lidc of Bellmew MAR -aCJing iDto people •• backyards. He aid the fence line ii right It die rip( of way lille tbeR. it ii way tipt. DiRx:lor Ellcrly said we 1l'OUld be iDto people's 1*:kylrds and dlCle -a_,. OIi Council dill we DDt pt iDto thole peoplc'11*:kylrds wbcn M visited Ibis back in 1994 . Mayor Bumi asked ifit is DDI tnlc tbat ISTEA projec:ll are always ovenum:ribed u far u die amDUlll of-,, availlllle anyway . Mr. Ellcrly said ya, tbat fuluR projects are . Council Member Hlbenicbt uked if Ul)'OIIC 1w taken the time to ....... visit with thole aipbon. SIie sugated tbat thole neigbbors might find Ibis advanlqeoas 111d tbey mipt invite. iDIO their backyards. DiRx:lor Ellcrly said dial they ba\le DIil bad dial dilCUllioa with thole people . Ms. Habenicbt asked if dial ii DDCtbing we can do . Mr. Ellcrly said thal it is whina that we could do but DDt within the time frame ofdle project that is before III ript -· The City Clerk wu uked to lead Council Bill No. 6 by title : COUNCll. BDJ... NO. 6, IJ\llllODUCED BY COUNCll. MEMBER HATHAWAY A BDJ... FOR AN ORDINANCE A1Jl1IORIZING AN 001!:llOOVERNMENl'AL AGREEMENT BE1WEEN 11fl! STATE OF COLORADO DEPAR'IMElff OF TAANSP0RTA110N AND 11U! CITY OF ENGLEWOOD, COLORADO FOR 11fl! COST OF CONSTRUCTION AND CONSTRUCTION ENGINEERING FOR 11fl! DARTMOUIH BIKE TRAD. PROJECTS . COUNCll. MEMBER BA:r&AWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) • COUNCll. BILL NO. 6. Council Member Wigi111 asked ifdlc billc lllils would me any lipal llpll llld iftbey could ba\le ftalbiD& lipall lalC ll llipt • they CIII move tbnlup. Dndar l!llerly IMwend lllll lllll llu llG( been included iD the cxillin& 1COPC but tbey 1l'OUld be pad to ... IINIIII it Iller. - I . • 0 '32xl - • E•skwood City C-U Febnaary 20, 1996 Pqel6 • 0 • Ayes : Council Members Hallllway, Vorminaa, Wigins. Habcnicbl. w...,.., Clapp. llurlll Nays : ,._ (b) Approve OIi Secaad Radias COUNCU. MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 11 (II) (I)-, 00 ON SECOND HADING. (i) ORDINANCE NO. 4, SERlES OF 1996 (COUNCil. BILL NO. 3, INTRODUCED BY COUNCIL MEMBER WIGGINS) AN ORDINANCE AMENDING 1111.E 16, OIAP1B. 4, SECTION 10, PARAGRAPH C, AND 11TLE 16, 01AP1B. 8, SECTION I, OF 1HE ENGLEWOOD MUNICIPAL CODE 1985 TO SPECIFICALLY AU.OW SMALL ANIMAL HOSPITALS OR a.JNICS AS A PERM1TrED USE IN 1HE B-1, BUSINESS DIS11UCT IN 1HE CITY OF ENGLEWOOD . (ii) ORDINANCE NO. 5, SERIES OF 1996 (COUNCil. BILL NO. 4, IN11l0DUCED BY COUNCil. MEMBER HABENICH1) AN ORDINANCE CREATING A CUL 11.JRAL ARTS COMMISSION FOR 1HE CITY OF ENGLEWOOD, COLORADO. Ayes : Council Members Halhaway, Vormillag, Wigim, Habeaicbt, Waggoner, Clapp, Bums Nays : Nooe MatioD carried. 12 . Ge.nl 0....... (a) Mayor's Choice l . Mayor Bums lhankcd everyone who appeared this ewning 10 clilcuss the Cinderdla City redevelopment. He commented Iha! Council bas said all along Iha! the rede\'elopmclll procas of Cinderella City first involved getting control of the sile. For the lul four1eell months, be aid, lillce the devcloper wu lClectcd, this is what the City bas been aucmptjng 10 do . He ~ Iha! the deYcloper c;an DOI be active and tenants c;an DOI be signed up until ODDtrol al the lile is obwDed. Mayol-Burm ltlled Iha! ii -announced at the prell ODDfereocc I a,uple al MCks ago lbat the City -bas ID agreement for tnnsfcr al the title 10 the n:al estalC 10 the City and, ultimalely, 10 the clewloper. The IICXl COldnlcl the City will be working on, be said, is the ODlltracl with the clewloper. He poiDICd out lbat the coatrac1 bas provisions whereby the City does DOI have to accept wbalCver the developer pea 111. However, be noted that be c:annot go iDIO all the details now bec:aulc CGuncil will be dcaliDg wilh this iD ExoculiYe Seaioa. Mayor Bums related 1h11 the public procas Iha! was dilCUIIOd at the lul public meelinl in March al 1994, isjllll about 10 begin . He said there bas DOI been u aa:q,ted plu and thal bearinp have DOI even been beld on ID acceplCd plan. Mayol" Bums amaRJC1 tbc audience lbat the public proce11 thal - promised bas DOI yet taken place, but rather , is now about 10 begin . He said that. even tbousb tbc . .... • I· • 0 - 1- • • • E•&lewood City CeucU Fel1111ary 20, 1996 Pqe17 • 0 • l• clevclopcr,,,.. Klecled by the commiuee, thcy are not yea under conlnlc:t with the City becallle -baYCD 't bad CODbOI of the lite. Became be ii a wluntecr for the DcaYer Center for the Performing Arts, Ml)u Burns aid be 1181 aeen 101DC of the lllllerials previously that MR praented by Dr. Gerardi this CWDin&-He aid tblt, to biJn, the pcrc,entage earned meam the amount the centers generlle tbemldws to_. their OMl CXIII ud the amount contributed ii what thcy have to JCIICfllC IOlllllplace cite, either by CXJDlributiom, tax clollan or wbateYer. He aid the malerials indic:ale lhll ellimaled euned i-..e ii approximately leWllty-duee pen:ent ud contributed income ii about lMDly«wa pcrgent for die DcaYer Center for the Performing Arts, while the Arvada Center lbaM sixty-two pcn:cnt euned ud dainy-cipa pcnlClll ClODlributed income. Lialcton Town Alls Center receives thirty.four pcrgent caraed income ud sixty-lix pcn:cnl ii contn1'utccl, ud the Aurora Fox Tbelter lbaM forty pm:lClll earned income ud sixty percent CIDlllribulal Mayor Bums pointed out lhll these facilities do not fund tbcmlehel, but have to seceiw CDDtribuliou to opera1e. He utec1.. • Dr. Gerardi llid, this ii a City project. Tbe arta facility will be built with taxpayer dollars, be llid, ud will not be built by the ~ becallle it will not make a profit He .-ned that if it is built by the taxpayers, through a bond issue or whalewr, then the arts omtcr will have to be maintained ud CODtinually funded if it docsn 't pay for illdf. He said the _.ics of the issue Dllllt be undentood becaulc it must be funded in some Olber way. Ml)u Burm aid the cultural arts omtcr ii a wonderf'ul idea, but the citizens must understand what they are up apinlt. He aid there IIIUll be 101DC means in place for CIODllalltly raising money for arts omtcn IUCb • this. He aid lhll be beliews the Arvada Cultural Alls Center receives a million dollan from the City of Arvada each year. Tbe City of Englewood bas been bani pressed. be llid, with the clwindliD& of Cinderella City, to mailllain its buqet the last couple of years. He lllted that the economic~ ofCindadla City bas been the cornentonc to revitalize Englewood's income. He took issue with Dr. Gcrardi's ~ lhll lipa rail informatioa to dale bas been dinceed toward building light rail to movc lllburban people to downtown DcaYer. He aid lhll ii not what they have been doing. He llated they have appeared many times before the Repoaal Tramportalion Diatric:t (R11>) Baud with regard to light rail . Mayor Burns Rlated lhll be bas made three trips to Wasbingtoa D.C. last year to testify before the Rous Committee 1111 Sudace Tramportalioa ud met with the Semlon ud lcJIJbied them to pin their support. He bad a brelkfall mecliq this IIIOfDina with Rm, <:olcndo Department of Tramporlllioa (COOT) ud DcaYer Rqioaal c.owicil of Govermaeats (DllCOG) to farm a group to IUppOlt ftmdin& for lipt rail. He aid be will be FUii iD WabiJl&toa D.C. apia ..a MCk to ICltify before the Houle Approprialiw Sukonunittec, ud _,. time thcy have met. dley have .-ned that the light rail will facilitate economic~ of Cinderella City. Nol-, lie 11ic1. 1181 be told them that the primary purpoee ii to movc lllburban people to dowatown Dena. Obviously, lie llid, it would be UIOd for that also, but the CIOfDClltollc of their pitdl to all of tbelc Cllllllllliaees ii for economic redevelopment of Cinderdla City. Mayor Burns aid lhll RTD 11d' 1181 been deli ..... dill t11e c1ew1oper lelected for the sight bas approached them about designing I IIOp IOldber for the Cindad1a City rodevclopmcnt. including bules, cu put ud light rail . Mayor Burm aid lie beliews lbat -lbould press ahead with the dl'ort becaulc it ii tou&h to get it flmdod ud it ii tou&h to .. it funded in Washington. but it ii a ~ thought out project. He said be was told today lbat the Fedenl Transit AdminilUalioa llaff' in DcaYer ud Wubin&ton think wry laiply of this project . Mayor Burns aid we do not want to lolc the two years of wort dull bas been done 1111 this clc\dopmcDt. He aid be does not -.it to lolc the ~ before public input bas been nx:eiWld or before the clesip pbue .... -bappeDed Mayor Burns invited the audience'• participalion iD die upcomina public mcctinp, ltlling that be would also like the de\'eloper to be wry mudl ilMIIYed. He apin thanked cwryone fot coming. (b) Council Member's Cboice .... •• "' - I . • 0 ' - • Eaakwood City C..CU Feln .. ary 20, 1'96 Pqell • 0 I• • (i) Council Member ffalhaqy asked that funds be approved for Mayor Bums' trip to Wasbingtoa D.C. on bebalf crl the RTD labbyills. COUNCD. MEMBER BATBAWAY MOVED, AND IT WAS SECONDED, TO AUTHORIZE EXPENSES UP TO AN AMOUNT NOT TO EXCEED S1500.00 FOR MAYOR BURNS TO An-END WHATEVER THE RTD LOBBYISTS NEED BIM TO ATTEND IN WASHINGTON, D.C NEXT WEEK, A DATE TO BE DETERMINED. Ayes : Council Members Hathaway, Vormittaa, Wigim. Habeaic:111. Wagoacr, Clapp, Bums Nays : Nooe Council Member Hathaway comlMDled that Ille: knows Mayor Bums will amtinue to do a good job pusbiDg the fll:t that it is Eaglcwood's Cinderella City project that is going to benefit all crl usu Mll. Mayor Bums commaMed that Don Seymour's Slalelllellt that be bad gone down and spoke to RTD OD Eaglcwood'1 bebalf-QlfJeCt and be -told that. when RTD Wied to finalize the plans for the light nil in September, Ea&leMJod bad made the difl'erence in that VOie because it c:banpd a few minds down there. He aid be really apprecialed lbc aupport crl lbc people ol Englewood for that light nil line. Council Member Hathaway invited all iDICRlled panics to aacnd the moctiDg ICbeduled for Febnwy 26, 1996, prauDlllbly at 6 :00 p.m., wbcR the history crf Cindcrella City will be dilCUlled and approval crlthe Miller-Kitchell coaccptual plau will be Dlgbt. Mayor Bums aid be'1 DOI 11ft they will be approviD& the plau. Ms. Hadlaway laponded that it is ~ that way CID the memo, but alMoully ii bas • loD& way to ID -Sbc aid Ille: tbougbt the history might be crl iDlelal. u Mil • the Millcr-KilCbdl coaccptual plau dilstion. (ii) Council Member Vormittaa llated lhll be ii ia favor crlthe culbnl ans facility, but be reminded die saideall lhll wben their illpul -................ _ ............. die dispatch facility ia Eapwood. they overwllelmiDalY MIiied to lmep It lien: ... ia Now lmll H, wben they were asked if they MR willin& to pay for it, there ns ao ....,rt. He aid be dliab die dilpltdl and fire truck ue pretty imporlanl too, but wbca it came to payin& for it the cmem aid ao . He aid 1h11 be would like lbc issue be pul to the YOICII to Ne if they really WUl U ans facility ad if they aR willin& to pay for it and mailllain it. He aid all the citizclll lbauld have a wicc ia die --. 11111 jull a ODUplc tbousand out crlthe tbir1y dlouaad ~ raidcall becalle evayoac will MW to pay for it. He aid a fifteen year olcl builcliq like Foley's may 111w to be replaced ia uotber llfteea years. He aid Council just wants to be clear and fair for cwer)'body . <iii> Council Member Clapp aid 111c: MIiled to --,-no came DIil tonight that Council is laking approprialc 11ep1 make 111re that we p1 l'JIDdblna CID the Cinderella City lite that. CMl'all, people will be plcued with. She aid they ue &oina to 111w a lot crl publk laput CID this and that Council is certainly DOl tryina to proceed with it bcbiad c:lmed doon or uytbiaa like that. She aid Ille: appreciala -,-•1 input and aled bopd'ulJy Council will ~ IO ..:ciw their aupport on this project. (iv) Council Member Wqgoocr qned tbll a llallol ilaie lllould be pul IOplber for the NcMmbcr declioa to 1e1na wbelber there is suppo11 for a mill levy to llelp pay for a aa11ura1 ans facility . He aid -is the lime to pl llaned oa it. Abo. lie aid 11111 ifla)'llady is IIIUll to c1o a fcuibility IIUdy ii is anocbcr opporlllllity for the people tbll ._ llcre dlil eaaa 10 IIUd up and be ,,, - •. ... I . • , - - • • • E•skwood City C111IICII Feltnaary 20, 1996 .... , • 0 • COWlled. He IUges&ed lhal, If we do a feasibility lludy, Ille City IIIIICb clollar for clollar wbatewr money CID be railed by the COIIIIDllllity to oonducl I fcalibility lludy. (v) C.ouncil Mcmller Habcaidll qned wida C.ouncil Member Waac-r. SIie aid I fcuillility IIUdy for I fiDe arts cmlcr wl coaferenec W. dlil lilc, W ClmC finl, jlllt • Dr. Gerardi bad requeaocl this cvcning. She aid Ille City lbould ..... ID dill requat wl ID forwud with that with • commiUncnt from Ille CXlllllllUDity . SIie ....... that Ille -Cultural Aris C-inioa mighl be able to belp facilitate for Ille illlaaled cilimll. SIie llid ..... to be .... quickly wl c:alled OIi .. to inform lbe:m, iD the next -to two weeb, olwbal it will IMC iD ... olftmding to do a falibility IIUdy . She maintained tbal • M DIIM forwud we Med ID be dlillkiq ol Ille lieut wl IOul ol this COIIIIDllllity wl doing IOllldhing very Ulliquc beR. She llid a bad IIGped to make a lllllliOD ID do I fealibility IIUdy, but llated dial she doesll't bow what it Mllid auiJ. SIie llid time ii oldie IIICIICe. If this ii to be part ol Ille Cinderella City sile wl If iDdeed Ille Foley's buildiq ii to be IIWd, tbea we need to be moving forward coocunaidy wbilc we DIIM forward with cvaytbiD& cla. She llalod lbe hopes dial ltafl' CID provide Council and the citimls with what I falibility IIUdy will Cllllil ID 1h11 IIIIIChing funds CID be railed. She cxprased coafidencle dial Ille CXIIIIIIIWlity CID raise Ille .-.al)' matcbing funds, llltiDg 1h11 Ille heart wl IOul of this QOllllllunity ii being lalCd to Ille meale righl -. She llid dial Ille COIIIIIIIIDity certainly came forward to aw Ille holiday parade, perhaps they CID come forward to aw a wuciuc-tbal ii Englewood alone. She aid we owe it to ti-wbo are beR to follow tbruugb with dial. Mayor Bumi aid dial If we are piing to do a feasibility IIUdy, we need to find out bow much it will clOlt and wbo CID do it. He said be fawn ID CJUllidc party to do Ille IIUdy, becauae ltafl' 11111)' be ICCIIIDli ol being billed If they do it, one ny or the other no maac, what Ille rault ii. He said be feds very llnlDllY tbal Ille City should press ahead with the ClOlltnctl, apocially with Ille land CXllltnlct 1111 lhc center ltlelf. He llid Equilablc ii pushing very bard to ICl dial dollc becaue they are c:bulgiDg Ille Praiclent wl CEO of Ille company . He said be does DOI MIii to IOIC foul1eell moadu Mll1II ol work tbal the City bas clone OIi Ille cealcr to fimlly .. ftCl)'CIIIC ia place to trllllfcr Ille real -wl .. dill ClCllltnc:t dollc. T1lal C01111Kt ii CODCingcnl, allO, upC111 UW11 I dnelaper for the pnlject, Ille llid. Mayor Bumi llid Ille de¥eloper ii Wider ahliplioa to do aolulely .... If Ille City clocl .. bave llim Wider CCllllnc:t. He aid Ille fcuibility IIUdy GOUid Ille clone. die -time. die ........ wl public ........ Cllc. that were dilCUIIOd. He reitcnted tbal llil dlicf coacera ii tbal. after all die drort that 1111 ... put iDlo die project. that it DOt be IClll . He aid .... ifdle deal ii loll. die w CXlllld lit there iD die .. tbal evayoae 1111 clacribed it toeipt b ,-SID-. wl ao ODe will HIil to taucll it. He llid be tlliDb we ba\'C the opportunity DOW to DIIM allcad llld llc feels M should do ID. Council Member Habeaicbl concuned tbal " lboulcl -....... SIie llid that ODC lhilla she iecopized this efflling from people iD the audicace. ns tbal IIICle are the people wbo are Ille 111'1111& aupportal ol the COIIIIDllllity . She said they were tbere with the City to auppon lipt rail ud-they are llkiDI the City to IUppOl1 them. She llid MOM tbal to them. SIie ..... lier..,__ tbll die two ,-s-ih of effort iD Ille project llloulcl .. be WIiied. bul llid allO .... the IUllly,.... .... .._ ..... this ODIIUIIWlity llloulcl not be put uide, but .,_,._ SIie llid bada lam are vallllble 11111 lmponant and lbe cloea not MIii to lole llighl of the oae. for the other. She llid dley badl ... -forward. Council Member Waggoner said the a«cr ol ODC lhouaad dollan from Guys ud Dolls ii a p,d 11111 towards a malebina kitty . Mayor Bums aid tbal " finl need to 1eam bow much the lludy will C1111L Council Mcm11er w....,_ aid ltatl' sbould be able to find tbal OUI fairly quickly. " - I . • 0 , - - • Ea&lewood City Ceudl Februry 20, 1996 .... <. • • Council Member lfldiaway aid lllll, • M ,et inlo die fmilNlity lllldy, wllic:la -ID be die C II, lhal M doa'tjall precWe Cilldlnlla City• beilla die oaly lile far dlia. SIie flll M .... lllll .. 111 our CIP ill -.._. ad ay It 1111111 be die Peley'1 WldiD&, It • ID be Cilldanlla City, • dllle - odler,.. ... a.e apponuaity far devetrr r a flljla ... tilld file-. dllS c::a be 11W • p,d if lllltbeSalr. . . Couacil Mcmber Hallalic:k aid lllll, wllCII Dr. Gennli WII ..aa., jW M' OM ID 2111 Oillllll NII c-mitsee oldie Cllllllber, wllic:la ii wllae a lol flltllell ideal..-. die opiaica w ... dlen ii• a.et in die Fol&y'I balldilll, IIO!DdNPI ID build OIL SIie aid·• dley -ID die ll', two. 211111 ad four ya11 a,o the idea flltearill& .... die buildill& 211M llnldy exilSI did -..,.a 111..... SIie .... with Council Member lfldiaway ... odler ... ..SID be..._ M, 11112 llid ae dual lllll lllillk M lllould lae lipa oldie fllc:t 211112 tbcR ii a rat 11n1D1 --........ aa a.et 211112 cmld be capitalized cm ilr -,-•, beaeftt, die clft el a,cn, die lale nl2ailen, die cammuaity 81111 die lae w cammuaity. . . 13. Clly ......,. ...... (a) City M--,rr amt •• 1 1 Couacil ID illlD Execuaiw SeaioD immediMdy faUowill& die replarCity c-il IIIIUIIIID6-a...., _. _.._. COUNCD. MUDD IIAUNICIIT IIOVU.AND ff WAS S&CONDD; ,oa COUNCD. TO GO INTO DSCU'l1VE USSION DIIDDIAnLY JOUOWING 'l'ID aEGULUt CITY COUNCD. MUTING TO DISCUSS A nNDING DAL UTA ft IIATl'EIL A,-: c-11 ....._.........,, V ........ W..., lllllelllchl, ....... aw. ... Nays: Nae . 14. Clly Aaene,'1 ..... City Assomey Blaa-did lllll a.e ..,.-. .., ........ c-11. "· Mjla,._.. ..... ,- . ( .. I . . 0 '32 x l - - I • • • • • - (' PROOF OF PUBLICATION THE ENGLEWOOD HERALD STAlE OF COLORADO ca.NTYCFARAPAHOE I, a.wd J. ,-,.Y do SQlecmly --1ta I am .. ,,. ...... ,,..,,.d tt18 a_.,aod,.,_ ta .. _.. .. a~ 1111 dJllSl8I pdlt1ld in .. Cir of LlllalDn in Iha COUl1Y ol ~ State ol COIOladO , and ta a genarll aa,lalor1 hr9i'I: hll ldid MWiiPII* ... been published contllU)USIJ and ~insaldColltYd .... tor a pertod ol mcnt IWI 52 wellca ptart:> .. Int pd:lliDn ol b ....-I nab, ... said lliWIPIP8' ia .-.s in .. Pa Office ol ~ Col:lraD, • eeaand class maU matter and that the said newspaper Is a newspaper within Iha meaning of the act of the General Assembly of the State of ColoradO, approved March 30, 1923, and erdled '1..eg8I NoticeS and ~ ..:I other acts relating to the printing and publishing of legal notice and was ~ntt18regp.&and"*8.,.d sail r ... :,pap8C'. ora each week. on .. same da/ o1 each week. for a period of ................ /. ................ . consecutive Insertions: thal the first publication of said notice was In the / ~e of .said newspaper dated ~AA_/ J n JLLL .... f.. .. 199.?, a~~of said nollC8 was in the isSUe of said newspaper ,,, - • . :. • • ..... '32xl - - • • '· PROOF OF PUBLICATION THE ENGLEWOOD HERALD STATE OF COLORADO ca..MYa=ARAPAHOE I, GtHwd J. ,-., do solermly -- lhal I am Ile ,,,_,,,,. Md IVlll6tsd 1he SJ/1INOOd l*"1Jd lhll Ile sane II a wealct, new 1!1P1J181 ll,dst1ed h h Cly of lJllelon In the Cou11y of ~ Stale of Colorado , and hM a general ciallallDr'I hnli'1; hi said 1W PII • la been published continuously and ~ilsaldQu'lyd .... lor a pertld d m:n ,_. 52 Wlllka plDrlo .... ~dbarr..tldce, hi said IWIUIPlll9' ii....., h b fall Ollice d L.lal*Jn, CDll:nm. • IIClllld class mail matter and that the aid newspaper Is a newspaper within the meaning of the act of the General Assembly of the State of COiorado, approved March 30, 1923, and enlllled '1..8gal Nott:es anc1 Advel1lsernara' am other acts relating to the prlrtlng and publishing of legal notice and was pdstled ii Ile IIICJ8 Im ..... d said newspape1, once each week. on tw same dlrf d each week. for a period of ................ / ............... . consecutive Insertions: that the first publication of said notice was In the ( ~e of .said newspaper dated ~-/V\.,, ~ ,.,· ;,/ ~ .... f:. .. 199..~ a~hit)~~~of said notice was In the issue of saif newspaper • ,. - 0 , . • • • 0 ' ...... f 2xl • . , -• . • • ' . . ' ! ! Ill . ' . . . . . ! ~ ' . a a . llu• • ~ ~ . f ...j H .. i I I~: t ' . . . . . H H .. • Ills ~ ' E ' H C .. ! H H H H ~ : . : ~ ~ . ! . -' . . l . . ! . . . • 5 5 5 5 . . . . ! ... :. :. • -. ! . .. . I-a ! • ! i] . I[ ·~ I I a . IE J J J .. .. .. I J f I l l l ! I I I ! I Ill .,., I 4 .. I ~. I I i .. .. .. I ... .. J J ~E .. .. .. .. .. .. J J i .. J J J J J J ,,, ! w • • 0 - - • •, • . (• • City of Englewood Trafllc: Signal Study "FLASHING OPERATIONS" "' - Date: ___ _ Main Street: ---------------- Minor Street: ---------------- For the location obleMld tlashing yellow/red is: D Recommetlded D Not Recommetlded Direction of Flashing Yellow __ Direction of Flashing Red __ CONDITION 1 . Has this inlerleclion had a critic:al accident rate in previous years that has not had a corrective safety irnproverMnt project? D Yes , continue normal signal operation , flashing yellow/red Not Recommended D No, prDCNd ID Part A Part A, VOLUME CRITERIA 2 . str119t'11direcliON1""illlc volume lea than • VPH · lrectlonal side street traffic volume leat ttne conNCUtlve hours from 7:00 P.M. to 8:00 A.M . and 3 . VPH VPH Does the location meet volume 1-------'....a.a.~'-"---+-------------............ --4 crillria A1 or A2 , i---8-.a..a..9:..a.OO"-'-P.=M"-. _______ VPH _______ VP........,..H-i and A3? 9-10 :00 P.M . VPH VPH 5-8:00A.M. VPH VPH 8-7:00A.M. VPH VPH 7-8:00A.M. VPH VPH -14- ' D Yes . under 0 Part 1 0 Part2 proc:Nd ID Part B. D No, continue normal signal operation tlashing yellow/red Not Rec:ommendecl -- • • 0 , - - Date : ___ _ ' '· • • I• • .... City of Englewood Traffic Signal Study "FLASHING OPERATIONS" Main Street: "' - Minor Street ----------------- For the location observed flashing yellow/rad is: 0 Recommended Direction of Flashing Yellow __ 0 Not Recommended Direction of Flashing Red __ CONDmON 1. Has this interHction had a critical accident ram in pnwioua years that has not had a corrective safety improvement project? 0 Yes. continue normal signal operation, flastting yellow/red Not Racommencled D No, pn,ceed to Part A Part A, VOLUME CRITERIA 1. Main street bidirectional traffic volume less than 100 VPH for at least three consecutive hours from 9:00 P.M . tc 8:00 AM. or 2. Main stnlet bidirectional traffic volume less than 200 VPH and bidirectional side street traffic volume lea than 50 VPH for at least three consecutive hours from 9:00 P.M. tc 8:00 AM. and 3. Main stniet average weekday traffic volume leu than 35,000 vehicles per day. Oblerved condition Main strNt Two-way volumes on: 9-10:00 P.M . VPH 10-11 :00 P.M. VPH 11-12:00 P.M . VPH 12-1:00 AM. VPH 1-2:00 A.M . VPH 2-3:00 A.M . VPH 3-•:00 A.M. VPH ,4-5:00 AM. VPH 5-6:00AM. VPH 6-7:00 A.M . VPH 7-8:00 AM. VPH Minorsnet VPH VPH VPH VPH VPH VPH VPH VPH VPH VPH VPH ' Doea the loc:alion meet volume crlllria A 1 or A2, andA3? DY•. under D Part 1 D Part 2 pnN:Nd to Part B. D No. c:ont1nue norma1 ligrl8I operation flashing yellow/red Not Recommellcled -···. • • • • 0 , I - . ' <. • • I • • City of Englewood Traffic Signal Study Part B, INTERSECTION CHARACTERISTICS CRITERIA "'~ ,._ 1. The signal was not installed under either the progressive movement or accident experience warrant (based on sight distance c:anditiona). 2. The minor street must have adequate sight distance in excess of 10 MPH of the posted speed limit of the major roadways. ObNlmion 1. Original signal warrant Progressive movement __ Accident experience -- 0th•-------------------------- 2. Design speed of major road is ___ MPH Approach Right Left Does the location satisfy both Parts B1 and B2 ? 0 Yea, proceed to Part C Sight dlmnce MinorStrNt Approach Right Left 0 No, continue normal signal operation, flashing yellow/red Not Racommellded Part C, ACCIDENT HISTORY For before and aftllr accident avaluallon , a 24 month accident hillDry shall be ealabliahed for the pr'ClpONd period af opetaliol I . The accident pallilrn should be ITIOlilrnd, and the hialary of nighttime right angle and driving under the miu.a of alcohol ,......, accidents lhould be evaluallad . 1. The number af right angle accidents in the prior 24 months ---- 2. The number of nighttime right angle accidents in 24 months 3. The number of driving under the intluence af alcohol ralallld accidents ---- Estimated nighttime accident rala: accidents per milion V9hiclea .,.;ng lnllnection during nighttime (7 :00 P.M. ID 7 :00 A.M .) for pravioua lWo yeas. Does location have an unusual accident ram or ca.. for not permllllng llahlng operation? 0 No. proceed to Part D 0 Yea, continue normal signal operation, llahlng yellowlr9d Not R8ca1111W1d1d -·-·. . , • • • 0 I I - - • . ' .. Part D, SUMMARY • • • City of EnglNood Traffic Signal Study ,, ~ If the study was complelad and ~ of Part A. a. Ind C .. met. the signal may be allowed ID operate under flashing yellow/r9d for the dNign-.d period of operalian. For this location, ftahing yellowtrwd is: o-~ 0 Recommellded Dnction of flalhing yelow ____ _ Direction of tlalhing 19d NotN: .. . , • • 0 • -• • • ·, City of Englewood Trafllc Signal Study "FLASHING OPERATIONS" Follow Up Operational Evaluation Dabt ----- Wllhi'I .. fnt.,.. the accidlllt hlllary ... be camplllld quatlrty. Flalhing yelkMnd lhould be ctaiged ID~ opeiallal1 If 0. accldlnt paDlrn during tlle period ol opllllion --- 1. ThrN (3) right arlgle accldlnla wlhln 12 manlhl ol impllmenllng tlle llllhlng mode, or 2. ,.,,_ 12 monlha, a ,.. o12.o right.,.. accidala par m1aor1 en11r1ng V9hiclea during fllilhlng operaliol'i If the raa ii baled on 3 ID 5 obNMd right a,1g1e accidala, or 3. Ntlll 24 monltls, a ..._ ol 1.8 right a,lgle accldlnla par mlaorl enllr1ng V9hiclea during flashing operallon If the ,_ ii baled on 8 or men obNrvad right angle accldellla. ,...,.,. ol obNMd right angle accidenll during .. period of oparllion: 1. --Right arlgle accidenll in 12 manlhl. 2. 3, 4, or 5 right angle accidanll --..arn.d runber ol enllr1ng vehicles _obalMdraa. 3. 8 or men right arlgle accldlnla _ w111,.a.ctnunmro1..,..~ __ o11a"8draa. Doea .. obNrvad ......... crtllltl? OND 0 Y•. under O Part 1 0 Part 2 0 Part 3 Doea nllc volume eiaed tlle c:rlllria Part A? 0No 0 Y• under O Part 1 0 PaiU ll1aam•1Rlllllan la t11e tlalhlng ~ operlllan ~ldad ID be moclled? 0 Y•. and,....,.lo.....,.,.11an OND.no ........... alllll._ -·-·· • • 0 - • • -, • • • COUNCL COIIIIINCATION 10 at ..... Hearing FN for W.. and Sew Board Adminlstlalive ReviN and A#IIII STAFF SOURCE SINart H. Fonda, Dnc:tor of lMliel COUNCL GOAL AM> PREVIOUS COUNCL ACTION Council Bil No. 72, Series of 1995/1998. The Onlnance Acklllon ID 0. W_, Code has bNn placld u an additional lam lnier' Rights Under LiclnM, llftar 12-1A-3, u 12-1A-3.5. RECOMMENDED ACTION Council approval by Resolution of 0. $75.00 fN for hNringl blfore 0. Wat« and S.W Board for .. City of Englewood. BACKGROUND, ANALYSIS, MO ALTERNATIVES IDENTFIED The Wat« and Sewer Board, It t111ir OdDblr 10, 1885 meeting, NCOffllMnCled Council approval of Ordinance addition lo a. W,_ lMty Code adchlllng .. admi1111t11111 ... r9¥iew and appeals proceu. The Ordinlnce pennis utllbllltment of .. adnlilllltlalive,.. for hNrlngl befor9 .. w .. and s.w.,, Board by l'NOlulion. The $75.00 fN la propoNd ID defray .. expellN of .. adnlilllltlalive r9¥iew and appell. The r. would be waived if 0. Board NIN in favor of .. applcad or If 0. appllc:aill la proven lo be lndiglnl FINANCIAL IMPACT None .. UST OF ATIACHMENTS Resolution, Series of 1998. ' . ' • • • 0 - - • • • ,,_ • • • ·, • ~• rm rc-11ae,--:aa'l'IIIIWAtll.A10> ~ BOARD 'roa THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, tbia nao1ution Nhblitbee fw to be c:barpd by tbe Ba"9woo!t Water and Sewer Board t.o clelra, the apeDN of eclmtn;.,..t;m lftiewa and appeala under E.11 .C. 12- lD-6; NOW, THEREFORE, BE IT RBSOLVED BY THE CITY COUNCU. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: h;tiqp 1. Fw for adminiatratm nriawa wl appN]a aadar B.11 .C. 12-lD-6; before the Enaiewood Water wl S.W.. 8-rd oftbe City of.......,_ lball be: A . A fee of$7~.00 will be c:barpd b 1111PN1s before tbe .....,_. W.._ wl Sewer Board. B. The $75.00 fee lhall be wamd iftbe applicant pnqila or Jll'O"I that be or lbe ia indi1ent. ADOPl'ED AND APPROVED tbia 4th day of March, 1996 . ATTEST : Tbomu .J . Burna, Mayor Loucriabia A Ellia, City Clerk I, Loucriabia A. EJJ.ia, City Clm for tbe City ofBDclewood, Colorado, benbJ certify tbe above iii a true copy or Reeolution No. _, Seriea of 1996 . .. ' ' . ' • • 0 • • - - • • • ,, - • • . . .. City of Englewood OFFICe OF THE CITY ATTORNEY ,._ Oriawald. UtdMill Dinctar Cityfll ..... 1,10 ............ Amwa, ea.-III012 FAX-.1•1 UGAIU>DfG: • hnp-apb 2. Pr..-c.... • Pa-qrapb 2. Prajact c.... • Pan,npb 7 (d) • v ... · DB/nf MIii) s. _ .... ... '· CcllllallD I011D-23CM ..... ..,27,1118 It ii ay f 13 .. tlm ....... will mJ7 be cad Sic '8.000, I ...W ...,,.mad tlm 3:ldl be iaatad ... tllelnt--. .... ,...npbL 'n. a&y fllhl wwd 11M a.,... ,....are for II I 7 t .......... malll. I waald NN!lllmead w..,tlle 11· nfltlle•.....-twitb llania 11. ...... P.C .. la i211,.. the Ccmmittee ....... be ......................... coauel. , ...,,. __ .._ ......... Aman would amaptjwf llctia• • J .... w c-ty. I wvald (IC dtllllf ............... be ...... totbe .... .,Oalando. Siacenly, /!;~~/ . ' • • • 0 - - • • 8tNart Fonda Ulililill Cq d EtiglPood MOOS. Ellli EriQIMsoad. CO 80110 M'Od8iled: SU00.00 Fm..., l)illrtc:t --,,... W&8 OillriCt P.O. lac.,,_. 700 ,..,co 80134 ktOff a.11eet a.aauo JoMPt, Knopinllci ,....., E. Chary CIWlk V.,,., W&S 043 BucldeJ Ram ,uo,a. co 80015 ArnCUt 8illd: a.-.aa Mark Kallber City d Tharr1Dn 9500 Civic: C.-Drive Thomlan, co 80229 A/folfC Siled: a. ..... ~-- • • • .. Rick McLoud w.-~""""" c-••• W&S ~ 12 West PIiia Drt¥e ~Ranch.CO 80129 MDlt'l. lillad: sa.aauo Palyhg9 ,-~Coan, Board d CG111i11i:,. .. 533" s. Prtnce 8l UIIIIGn. co ... MICUt Billed: 11.•• w ... s. Welol'I Plwidlfll CG11MAidi111dMl*IIIW..Co. P.O. Bax 1&00el · L.akNDGd. CO 80215 ~ Billad: ... Jim Sulfivlln Dol,glal CCUlY Con1t::illic.11r 101 ll*d Catde Rock. CO 80104 Amount Nect ..... II'- ' ' .,. . ' ' . . , • • 0 - - • • • · ... .. EXHIBIT A The Signatory to the South Platte Wild and Scenic River Review Prcjed Participation Agreement hereby agrees to hire Marcia M. Hughes, P.C . riaw firm•) to perform all legal MrVices in connection with this matter. Said Participant C-Clienr) authorizes and diredl the law finn to take all action which the attorney deems advisable on the dient's behalf as dinlded by the Prqect ConvnittH. . Client agrees to pay fNI d $135.00 per how for attorney's time and fNI d $50.00 per hcu for legal assistant time. Client agrNS to pay all expenses and disbursements (including, but not limitad to, mileage (if the row,d-tr'ip mileage is over 30 miles) parking, ccuier, postage, long diltm telephone calls, talefax, and photocopies) raasonably necawy to the proper performance of the legal H1Vices. In the event attorney institutes collection proceedings against Client for fees or coats or disbursements owing under this contract, Client shall further pay the expense of that collection effort including, but not limited to, attorney fees of $1 SO per hour per attorney plus all coats and expenses . Thia attorney fee provision includes Marcia M. Hughes' time as well as the time of any outside counsel she may hire to handle the collection effort. Should a lawsuit be instituted for collection purposes, and/or should Client dispute that the attorney services were rendered properly or that the fees ... owed, either party (attorney or Client) may then demand that the entire matter be submitted to arbitration for resolution. Upon such demand, any disputes conceming this Agreement and the services rendered shall then be submitted to arbitration by the Legal Fee Arbitration Committee of the Denver Bar Aalociation, and the Client and attorney agree to be bound by the results of such arbitration. Client has read and IM'lderltandl this AgrNment, and Client acknowledges receipt of a copy of this AgrHment. Client &l1derstandl that a favorable outcome is not guarantNd, and Client has bNn giwn no asuw,ces regarding the outcome of the Legal Matter. Thia docwnlnt is the entire agrHffl8f1t of the parties, and · it shall not be modified except by written agreement signed by the attorney and Client. . ' .. • • 0 , - - • • 0 t• . • ' of the Project Committee shall be one vote for one share. A quorum of the Committee shall exist when S 19f, of the shares are represented. S. Powers md Duties or the Prgjcct Commjgcc. The Project Committee may bave the power and duty to: a. Elect a Cbainnaa." V1ee Cwrman. Secrewy and Treasurer, and establish organizational rules. b. Establish a Project BudpL c. Commence and prosecute to c:onclusion the lidptioa descnbed in parqraph 1 above. d. Solicit bids and award contrac:ts or ratify emnng contrac:ts, for the performance of all work necessary for completion of the Project. e. Make all decisions reprding the commencement, prosecution and settlement of any litigation, provided that any settlement must be approved by the representatives of Participants wbicb bave paid not less than 75 percent of the Project Costs. f. Take all other actions necessary for full and successful implementation of this Project. 6. Effcc:tiye Date· Threshold. The obligations of the Participants hereunder should become effective as of January 1, 1996, reprdless of the date of Participant's execution and delivery of this AareemenL 7. Miscellaneous. a. Entire Ai[eemenL This Agreement represents the entire integrated agreement among the Parties with respect to the matters set forth therein and supersede all prior negotiations, representations or agreements respecting those matters, either written or oral. b. Amendment md Modjfic;arigg. Amendments or modifications to this Agreement may be made only by unanimous a,reement of all the Parties, or substituted assignees, signatory to any of the counterparts hereof and shall be evidenced only by a written insuument authorized and executed in the same manner as this AgreemenL c. Sales and Ayjma,enu. A Participant may not sell, lease, ple<Sae or assign any ri&hts it may acquire hereunder to any entity not a Party to this 3 ..... I' - • . " .. .. I . • 0 '32xl - • • • • 0 t ~ • o attend hearings/public meetings; o review and rebut (in coordination with DWD) comments encouraging designation; and o explore and perhaps assist in developing alternatives to designation if the Project Committee so desires. This Project is limited to a final decision under the Wild and Scenic River consideration process, which may be by the Forest Service, others in the Executive Branch, or Congress and is limited to calendar year 1996. 2. Pr:Qiect Costs. a. The term "Project Costs" means all of the costs incurred in completing the Project in 1996 up to the maximum of $6,000.00 per share. Costs will be for a pro rata share of all legal costs incurred in relationship to the Project in accordance with Exhibit A. the Fee Agreement with Marcia M. Hughes, P.C., which is hereby fully incorporated herein. It is agreed that each individual entity will pay legal fees on a timely basis by making a one-time payment upon signing this Agreement Payment will be made to the Metropolitan Water Providers. A monthly accounting will be made, and any amount not spent on this effon will be returned by the Metropolitan Water Providers. Acceptance of this agreement constitutes acceptance of Exhibit A b. It is recognized that each entity signing this Agreement, and thereby panicipating in the Project, is relying upon one; another to fully panicipate through completion of the Project or December 31, 1996, whichever is earlier. The completion will either be issuance of a final decision by the Forest Service, or others in the Executive Branch or Congress or a decision to terminate the Project made in accordance with the provisions of Paragraph 3 herein. 3. Lcn&th of Project/Amendment. This Project will run through December 31, 1996, unless this Agreement is amended in writing to continue beyond that time. Any number of members may extend this agreement recognizing that any members who do not extend the contract will not be bound in any way by the extension. Any amendments to the Agreement during 1996 may only be made upon unanimous agreement. 4. Project Committee. There is hereby created the South Platte Wild and Scenic River Review Project Committee (1'he Project Committee"), which membership shall consist of one designated representative by each Panicipant. Each Panicipant may also designate an alternate who may vote at any time the delegate is not present at a Project Committee meeting. All actions taken by the Project Committee shall be deemed action of all Panicipants and shall be taken in the name of all panicipants. Voting by members 2 ' ' II - • . .. ,! I· • 0 , - - • • ·, • .. SOUTH PLATl'E WILD AND SCENIC RIVER REVIEW PROJECT PARTICIPATION AGREEMENT nus AGREEMENT is made and entered into as of this __ day of , 19 , by and between the undersiped entities ~(be,-re...,inafte--,,-r-re-,i,-err-ed--,--to-u--,"P=-ani-·,-a""ipa-ams-'"). - lYIIHESSEIH: WHEREAS, each of the undersigned entities, generally referred to as the "Participants· are political or quasi-political subdivisions of the swe, or are a corporation; and WHEREAS, each participant provides water to its customen, which water supply may be adversely impacted by the wild and scenic river study process as well as the final decision which may be made by the Forest Service, the President, or Congress; WHEREAS, a coordinated effon respoodin& to the wild and scenic river considerations will best be addressed by a collaborative effon as provided under this participation agreement; NOW, lHEREFORE. the Participants (beiq all the parties hereto, and hereinafter collectively referred to as "Parties") for and in consideration of the premises and mumal promises hereinafter contained and in the mumal reliance of each participant upon the performance of this Agreement by each participant qree as follows: 1. The Prgjcg. The Project is generally referred to as the South Platte Wild and Scenic River Review. 1be Project will involve a collaborative effon in providin& cmmnents to the Forest Service and any otber decision makin& agency reprdiq our collective concerns and desires reprdiq tbe ability to protect the water supply and Olber relevant functions of the North Fork and main.stem of the South Plane River. 1be primary stcpS to accomplish this effon will be conducted throuah our attorney, whose activities will include the following and will be directed by the Project Committee: 0 0 0 0 0 meet with or have conversations with Forest Service staff people; gather relevant data &om existing Participant documents and entities; coordinate with Participant members and prepare/present comments; work with DWD to encourage effective, timely , and coordinated comments; coordinate Congressional involvement; 1 ' .... • . .. I . • 0 ' - - ORDINANCE NO . _ SERIES OF 1996 . ' • • • ~. BY AUTHORITY A BILL FOR I• ...... IIU,N0.7 INTRODU~ ,-r AN tDi -.-:,a AUi1iOillZING A1f INtwwwtmlllMl'AL A ft , ENTITLED -SOUTH PLATI'E WILD AND SCENIC RIVER llBVIBW PR0.1ECI' PAllt'ICIPATIOR AoaDllmft"'! WHEREAS, the South Platte Wild and Scmic Bmr Bmew Project invama a collaborative eft'ort iD pnmdinc COJIUD8Dta t.o the U.S. Parat Semce and other' deciaion making apnc:iea reeardinc the partic:ipatiq memben collective conceru regarding the ability t.o prot.ec:t the water aupply and relevant ftmctiau of the North Fork and mainatem of the South Platte River; and WHEREAS, the qn,ement will allow the City t.o participate iD ptberiDc of relevant data, coordinatinc with partic:ipatiq memben; atteDdinc beariDp and meetinp; workinc with the Denver Water Board of Commiuionen for coordinated commenta; coordinatinc Coqreuional involvement and uploriq altemativea: and WHEREAS, the Cent.eanial Water and Sanitaticm Diatric:t bu propaaed t.o aplit a participant's share with the City of J:nclewood, whereby Enpewood'1 partian would be $3,000; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCU. OF THE CITY OF ENGLEWOOD, COLORADO, AB FOLLOWS: 8ertim 1. 'lbe iDterpftnuDeDtal ........ mtitled -soatb Plau. Wild and Scenic River Rerift' Project Participatim A.,11•_. _. ...._ INnto • Ezbibit A. ia benby accepted wl app.o+ed by the ......... City Caadl. 'lbe Mayar ia autbariaed t.o eucute wl the City Clark to..._ _.-1 the .Aar-t b and CID behalf of the City of l!'.npftaod, Colando. Introduced, read iD full, wf ....... CID flnt readiDc CID the «la day ofllarcb, 1-. Publisbed • a Bill far an OrcliDance CID the 7tb day ofllaftb, la. ATTEST : Loucriabia A. Ellis, City Clerk -1- . . . . ---~-~ ' 11 - . , .. •· • 0 - Date March 4, 1996 INITIATED BY Utilities Department • • , . . • ' COUNQLCOMMUNICATION 10 aff Subject Wild n Scenic River Participation Agreement STAFF SOURCE Stawart H. Fonda, Dnclor d Utilities COUNCIL GOAL AND PREVIOUS COUNal ACTION The Water and Sewer Board recommendec:I Council approval at their January 9 , 1996 meeting. RECOMMENDED ACTION Approval, by ordinance, of the South Platte Wild n Scenic River Review Project Participation Agreement. BACKGROUND, ANALYSIS, AND AL TERNATNES IDENTFED "'~ The South Platte Wild n Scenic rivw ReviN project Involved a collaborlltive effort in providing comments to the Fcnst Service n any other dac:ision making agency regarding our collective concema regarding the ability to protact the water l&4JPly n relevant f\n:tions of the North Fork n malnatem d the Soulh Platte River. The project activities will include meeting with Forest Service staff, gathering relevant data, coordinating with participating members and attending hearings n meetingl, working with the Denver Water Department for coordinated comments , coordinating Congreuional involvement n exploring alternatives . FINANCIAL IMPACT Each participant's share is $6,000. Centemial Water n Sanitation District has proposed to split a share with the City of Englewood, with each entities' portion being $3,000.00. UST OF ATTACHMENTS Ordinance South Platte Wild and Scenic River Reviaw Project Participation Ag,Nment. List of Participants • ...... . , ., I . • 0 , - ,,,, -• 0 • I/' IL I II o attend hearings/public meetings; o review and rebut (in coordination with DWD) comments encouraging designation; and o explore and perhaps assist in developing alternatives to designation if the Project Committee so desires. This Project is limited to a final decision under the Wild and Scenic River consideration process, which may be by the Forest Service, others in the Executive Branch. or Congress and is limited to calendar year 1996. 2. Project Costs. a. The term "Project Costs" means all of the costs incurred in completing the Project in 1996 up to the maximum of $6,000.00 per share. Costs will be for a pro rata share of all legal costs incurred in relationship to the Project in accordance with Exhibit A, the Fee Agreement with Marcia M. Hughes, P.C., which is hereby fully incorporated herein. It is agreed that each individual entity will pay legal fees on a timely basis by making a one-time payment upon signing this Agreement Payment will be made to the Metropolitan Water Providers. A monthly accounting will be made, and any amount not spent on this effort will be returned by the Metropolitan Water Providers. Acceptance of this agreement constitutes acceptance of Exhibit A b . It is recognized that each entity signing this Agreement, and thereby participating in the Projeet, is relying upon one; another to fully participate through completion of the Project or December 31, 1996, whichever is earlier. The completion will either be issuance of a final decision by the Forest Service, or others in the Executive Branch or Congress or a decision to terminate the Project made in accordance with the provisions of Paragraph 3 herein. 3 . Len&th of Project/Amendment. This Project will run through December 31, 1996, unless this Agreement is amended in writing to continue beyond that time. Any number of members may extend this agreement recognizing that any members who do not extend the contract will not be bound in any way by the extension. Any amendments to the Agreement during 1996 may only be made upon unanimous agreemenL 4 . Project Committee. There is hereby created the South Platte Wild and Scenic River Review Project Committee ("'The Project Committee"), which membership shall consist of one designated representative by each Participant. Each Participant may also designate an alternate who may vote at any time the delegate is not present at a Project Committee meeting. All actions taken by the Project Committee shall be deemed action of all Participants and shall be taken in the name of all participants. Voting by members 2 ' .. I . • 0 , - • • • 0 t.• • /( 011 o attend hearings/public meetings; o review and rebut (in coordination with DWD) comments encouraging designation; and o explore and perhaps assist in developing alternatives to designation if the Project Committee so desires. This Project is limited to a final decision under the Wild and Scenic River consideration process, which may be by the Forest Service, others in the Executive Branch, or Congress and is limited to calendar year 1996. 2. Project Costs. a. The term "Project Costs" means all of the costs incurred in completing the Project in 1996 up to the maximum of $6,000.00 per share. Costs will be for a pro rata share of all legal costs incurred in relationship to the Project in accordance with Exhibit A, the Fee Agreement with Marcia M. Hughes, P.C., which is hereby fully incorporated herein. It is agreed that each individual entity will pay legal fees on a timely basis by making a one-time payment upon signing this Agreement Payment will be made to the Metropolitan Water Providers. A monthly accounting will be made, and any amount not spent on this effon will be returned by the Metropolitan Water Providers. Acceptance of this agreement constitutes acceptance of Exlubit A b. It is recognized that each entity signing this Agreement, and thereby panicipating in the Project, is relying upon one; another to fully participate through completion of the Project or December 31, 1996, whichever is earlier. The completion will either be issuance of a final decision by the Forest Service, or others in the Executive Branch or Congress or a decision to terminate the Project made in accordance with the provisions of Paragraph 3 herein. 3. Len&ih of Project/Amendment. This Project will run through December 31, 1996, unless this Agreement is amended in writing to continue beyond that time. Any number of members may extend this agreement recognizing that any members who do not extend the contract will not be bound in any way by the extension. Any amendments to the Agreement during 1996 may only be made upon unanimous agreement. 4. Project Committee. There is hereby created the South Platte Wild and Scenic River Review Project Committee ('The Project Committee"), which membership shall consist of one designated representative by each Participant. Each Participant may also designate an alternate who may vote at any time the delegate is not present at a Project Committee meeting. All actions taken by the Project Committee shall be deemed action of all Participants and shall be taken in the name of all participants. Voting by members 2 ' ..... ,. - • . I· • 0 '32xl -• • • '· o attend hearings/public meetings; I,.. •.. r1't I o review and rebut (in coordination with DWD) comments encouraging designation; and o explore and perhaps assist in developing alternatives to designation if the Project Committee so desires. This Project is limited to a final decision under the Wild and Scenic River consideration process, which may be by the Forest Service, others in the Executive Branch, or Congress and is limited to calendar year 1996. 2. Project Costs. a. The term "Project Costs" means all of the costs incurred in completing the Project in 1996 up to the maximum of $6,000.00 per share. Costs will be for a pro rata share of all legal costs incurred in relationship to the Project in accordance with Exhibit A. the Fee Agreement with Marcia M. Hughes, P.C., which is hereby fully incorporated herein. It is agreed that each individual entity will pay legal fees on a timely basis by malcing a one-time payment upon signing this Agreement. Payment will be made to the Metropolitan Water Providers. A monthly accounting will be made, and any amount not spent on this effort will be returned by the Metropolitan Water Providers. Acceptance of this agreement constitutes acceptance of Exhibit A. b. It is recognized that each entity signing this Agreement, and thereby participating in the Projeet, is relying upon one; another to fully panicipate through completion of the Project or December 31, 1996, whichever is earlier. The completion will either be issuance of a final decision by the Forest Service, or others in the Executive Branch or Congress or a decision to terminate the Project made in accordance with the provisions of Paragraph 3 herein. 3. Len&Jh of Prqject/Amendment. This Project will run through December 31, 1996, unless this Agreement is amended in writing to continue beyond that time. Any number of members may extend this agreement recognizing that any members who do not extend the contract will not be bound in any way by the extension. Any amendments to the Agreement during 1996 may only be made upon unanimous agreement. 4 . Project Committee . There is hereby created the South Platte Wild and Scenic River Review Project Committee ("'The Project Committee"), which membership shall consist of one designated representative by each Participant. Each Participant may also designate an alternate who may vote at any time the delegate is not present at a Project Committee meeting. AH actions taken by the Project Committee shall be deemed action of all Participants and shall be taken in the name of all participants. Voting by members 2 ' ... I . • 0 , - • • 0 • .. /t'oi," o attend hearings/public meetings; o review and rebut (in coordination with DWD) comments encouraging desipiation; and o explore and perhaps assist in developing alternatives to designation if the Project Committee so desires. This Project is limited to a final decision under the Wild and Scenic River consideration process, which may be by the Forest Service, otben in the Executive Branch, or Congress and is limited to calendar year 1996. 2. Prqject Costs. a. The term "Project Costs" means all of the costs incurred in completing the Project in 1996 up to the maximum of $6,000.00 per share. Costs will be for a pro rata share of all legal costs incurred in relationship to the Project in accordance with Exhibit A. the Fee Agreement with Marcia M. Hughes, P.C., which is hereby fully incorporated herein. It is agreed that each individual entity will pay legal fees on a timely basis by malcing a one-time payment upon signing this Agreement Payment will be made to the Metropolitan Water Providers. A monthly accounting will be made, and any amount not spent on this effort will be returned by the Metropolitan Water Providers. Acceptance of this agreement constitutes acceptance of Exhibit A b. It is recognized that each entity signing this Agreement, and thereby participating in the Project, is relying upon one; another to fully participate through completion of the Project or December 31, 1996, whichever is earlier. The completion will either be issuance of a final decision by the Forest Service, or others in the Executive Branch or Congress or a decision to terminate the Project made in accordance with the provisions of Paragraph 3 herein. 3. Len&th of Prqject/Amendment. This Project will run through December 31, 1996, unless this Agreement is amended in writing to continue beyond that time. Any number of members may extend this agreement recognizing that any members who do not extend the contract will not be bound in any way by the extension. Any amendments to the Agreement during 1996 may only be made upon unanimous agreement. 4. Project Commjnee. There is hereby created the South Platte Wild and Scenic River Review Project Committee ("The Project Committee"), which membership shall consist of one designated representative by each Participant. Each Participant may also designate an alternate who may vote at any time the delegate is not present at a Project Committee meeting. All actions taken by the Project Committee shall be deemed action of all Participants and shall be taken in the name of all participants. Voting by members 2 ..... •. .. I· • 0 , - • • • • • o attend hearings/public meetings; o review and rebut (in coordination with DWD) comments encouraging designation; and o explore and perhaps assist in developing alternatives to designation if the Project Committee so desires. This Project is limited to a final decision under the Wild and Scenic River consideration process, which may be by the Forest Service, others in the Executive Branch, or Congress and is limited to calendar year 1996. 2. Project Costs. a. Toe term "Project Costs· means all of the costs incurred in completing the Project in 1996 up to the maximum of $6,000.00 per share. Costs will be for a pro rata share of all legal costs incurred in relationship to the Project in accordance with Exhibit A, the Fee Agreement with Marcia M. Hughes, P.C., which is hereby fully incorporated herein. It is agreed that each individual entity will pay legal fees on a timely basis by malting a one-time payment upon signing this Agreement Payment will be made to the Metropolitan Water Providers. A monthly accounting will be made, and any amount not spent on this effon will be returned by the Metropolitan Water Providers. Acceptance of this agreement constitutes acceptance of Exhibit A b. It is recognized that each entity signing this Agreement, and thereby panicipating in the Project, is relying upon one; another to fully panicipate through completion of the Project or December 31, 1996, whichever is earlier. The completion will either be issuance of a final decision by the Forest Service, or others in the Executive Branch or Congress or a decision to terminate the Project made in accordance with the provisions of Paragraph 3 herein. 3. Len&th of Project/Amendment. This Project will run through December 31, 1996, unless this Agreement is amended in writing to continue beyond that time. Any number of members may extend this agreement recognizing that any members who do not extend the contract will not be bound in any way by the extension. Any amendments to the Agreem~nt during 1996 may only be made upon unanimous agreement . 4. Project Committee. There is hereby created the South Platte Wild and Scenic River Review Project Committee ('The Project Committee·), which membership shall consist of one designated representative by each Participant Each Participant may also designate an alternate who may vote at any time the delegate is not present at a Project Committee meeting. All actions taken by the Project Committee shall be deemed action of all Panicipants and shall be taken in the name of all participants. Voting by members l . . . ' •. I . • 0 I - • ,. -• • • . . o attend hearings/public meetings; o review and rebut (in coordination with DWD) comments encouraging designation; and o explore and perhaps assist in developing alternatives to designation if the Project Committee so desires. This Project is limited to a final decision .under the Wild and Scenic River consideration process, which may be by the Forest Service, others in the Executive Branch. or Congress and is limited to calendar year 1996. 2. Project Costs .. a. The term "Project Costs" means all of the costs incurred in completing the Project in 1996 up to the maximum of $6,000.00 per share. Costs will be for a pro rata share of all legal costs incurred in relationship to the Project in accordance with Exhibit A, the Fee Agreement with Marcia M. Hughes, P.C., which is hereby fully incorporated herein. It is agreed that each individual entity will pay legal fees on a timely basis by malting a one-time payment upon signing this AgreemenL Payment will be made to the Metropolitan Water Providers. A monthly accounting will be made, and any amount not spent on this effon will be returned by the Metropolitan Water Providers. Acceptance of this agreement constitutes acceptance of Exhibit A b. It is recognized that each entity signing this Agreement, and thereby participating in the Project, is relying upon one; another to fully participate through completion of the Project or December 31, 1996, whichever is earlier. The completion will either be issuance of a final decision by the Forest Service, or others in the Executive Branch or Congress or a decision to tenninate the Project made in accordance with the provisions of Paragraph 3 herein. 3. Lcn&Jh of Project/Amendment. This Project will run through December 31, 1996, unless this Agreement is amended in writing to continue beyond that time. Any number of members may extend this agreement recognizing that any members who do not extend the contract will not be bound in any way by the extension. Any amendments to the Agreement during 1996 may only be made upon unanimous agreement 4. Project Committee. There is hereby created the South Platte Wild and Scenic River Review Project Committee ('7he Project Committee"), which membership shall consist of one designated representative by each Participant. Each Participant may also designate an alternate who may vote at any time the delegate is not present at a Project Committee meeting. All actions taken by the Project Committee shall be deemed action of all Panicipants and shall be taken in the name of all participants. Voting by members 2 . . • ..... ... I· • 0 , - - • ,, -• • , . • o attend hearings/public meetings; o review and rebut (in coordination with DWD) comments encouraging designation; and o explore and perhaps assist in developing alternatives to designation if the Project Committee so desires. This Project is limited to a final decision under the Wild and Scenic River consideration process, which may be by the Forest Service, others in the Executive Branch, or Congress and is limited to calendar year 1996. 2. Project Costs. a. The term "Project Costs" means all of the costs incurred in completing the Project in 1996 up to the maximum of $6,000.00 per share. Costs will be for a pro rata share of all legal costs incurred in relationship to the Project in accordance with Exhibit A. the Fee Agreement with Marcia M. Hughes, P.C., which is hereby fully incorporated herein. It is agreed that each individual entity will pay legal fees on a timely basis by malting a one-time payment upon signing this Agreement. Payment will be made to the Metropolitan Water Providers. A monthly accounting will be made, and any amount not spent on this effon will be returned by the Metropolitan Water Providers. Acceptance of this agreement constitutes acceptance of Exhibit A b. It is recognized that each entity signing this Agreement, and thereby panicipating in the Project, is relying upon one; another to fully participate through completion of the Project or December 31, 1996, whichever is earlier. The completion will either be issuance of a final decision by the Forest Service, or others in the Executive Branch or Congress or a decision to terminate the Project made in accordance with the provisions of Paragraph 3 herein. 3. l&n&J.h of Prqject/Amendment. This Project will run through December 31, 1996, unless this Agreement is amended in writing to continue beyond that time. Any number of members may extend this agreement recognizing that any members who do not extend the contract will not be bound in any way by the extension. Any amendments to the Agreement during 1996 may only be made upon unanimous agreement . 4. Project Committee. There is hereby created the South Platte Wild and Scenic River Review Project Committee (1be Project Committee"), which membership shall consist of one designated representative by each Participant. Each Panicipant may also designate an alternate who may vote at any time the delegate is not present at a Project Committee meeting. All actions taken by the Project Committee shall be deemed action of all Panicipants and shall be taken in the name of all participants. Voting by members 2 ..... .. I· • 0 I - • • • • • • '· o attend hearings/public meetings; o review and rebut (in coordination with DWD) comments encouraging designation; and o explore and perhaps assist in developing alternatives to designation if the Project Committee so desires. This Project is limited to a final decision under the Wild and Scenic River consideration process, which may be by the Forest Service, others in the Executive Branch, or Congress and is limited to calendar year 1996. 2. Project Costs. a The term "Project Costs" means all of the costs incurred in completing the Project in 1996 up to the maximum of $6,000.00 per share. Costs will be for a pro rata share of all legal costs incurred in relationship to the Project in accordance with Exhibit A. the Fee Agreement with Marcia M. Hughes, P.C., which is hereby fully incorporated herein. It is agreed that each individual entity will pay legal fees on a timely basis by malting a one-time payment upon signing this Agreement Payment will be made to the Metropolitan Water Providers. A monthly accounting will be made, and any amount not spent on this effon will be returned by the Metropolitan Water Providers. Acceptance of this agreement constitutes acceptance of Exhibit A. b. It is recognized that each entity signing this Agreement, and thereby participating in the Project, is relying upon one; another to fully participate through completion of the Project or December 31, 1996, whichever is earlier. The completion will either be issuance of a final decision by the Forest Service, or others in the Executive Branch or Congress or a decision to terminate the Project made in accordance with the provisions of Paragraph 3 herein. 3. Len&th of Prqject/Amendment. This Project will run through December 31, 1996, unless this Agreement is amended in writing to continue beyond that time. Any number of members may extend this agreement recognizing that any members who do not extend the contract will not be bound in any way by the extension. Any amendments to the Agreement during 1996 may only be made upon unanimous agreement. 4. Project Committee. There is hereby created the South Platte Wild and Scenic River Review Project Committee (-ibe Project Committee"), which membership shall consist of one designated representative by each Panicipant. Each Panicipant may also designate an alternate who may vote at any time the delegate is not present at a Project Committee meeting. All actions taken by the Project Committee shall be deemed action of all Panicipants and shall be taken in the name of all participants. Voting by members 2 ' ...... I . • 0 , Date March 4, 1996 INITIATED BY Utilities Depar1ment "' -• • t• • <, COUNCIL COMMUNICATION 10 afii Subject Two City Ditch Euemenla for 3000 & 3012 S. Grant St STAFF SOURCE Stwart H. Fonda, Direc:lar d UtilitiN COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION Council approval by ordinance (CCU1Cil Bill 12) for two Grant d Ea11rnents for City Ditch for 3000 and 3012 S. Grant St. BACKGROUND, ANALYSIS, AND AL TERNATNEI IDENTFIED A right4-way along this HClion d the City Ditch is nlClaary for repairing and conveying water in the City Ditch. The corrugated pipe ha dlt9l iol ltad and is causing INlcaga along this NCtion at 3000 and 3012 S. Grant The City met nat appear IO have a rtght4-way for thil Ndion d the City Ditch. The City wiA be replaci 1g exilti 1g canugal8d pipe with 36" reinforcld concrete pipe and two new acceu ltrucbnl i.e. manholN. The City will remove and Niten pertinent landlcaping, '9ncing, m1e1• and lidNlltl in .. canllructian ,.__ d-way. Permanent rightl-d-way will be uwyed and recanted allllr m,lpletio., d canslNction. FINANCIAL IMPACT The owners, Carol Jacobi and David Miller, .,. f9Cliving $10.00 and other Ylllullble consideration (repairs, restoration, etc.) for the Grant d EaNmenll. UST OF ATTACHMENTS Council Bill #12 Proposal Two Euement AgrNmentl • ... I. • 0 , - - • • • . . "~ Publiabed u a Bill for an Ordinancet t.be 7tb day al.Ilardi, 1996. ATTEST: Loucriabia A. Bllia, City Clerk I, Loucriabia A. Bllia, City Clerk af tbe City af Bapn,ood, Colanclo, hereby certify that t.be above and fantaiq ia • true copJ af. Bill ... &ll Ordiaance, mtroclaced, read ill full, 1111d ...... CID fint NlldiDc CID tbe «b day af Ilardi, J.188. -2- , ' . ' ·- .. I . . 0 - ORDINANCE NO._ SBBIB8 OP 1188 • • - '· BY AtJTBORITY ABILL1'0ll .. WBBBBAS, tba City Ditdt .................... aftba City Dilab ill DecwarJ D npairiq ad CWiaJAC ..... ia tba City IJitm; ad WBBBBAS, tbaCity ................. -.wa&yDfldt.-..,....,111" tbew:tilm llt8000mdl0ll ... Gra&.._ ........ , I C f pipellaa deteriorated C&llliltc ..................... .. WHBIUWI, ,.....at rip& lll"llt'will lae .wuayud 11Dtbe Citywl2:ll tba ...... wt...--111"80006IOUa.6an.t.._ad WHBRBAS, tbaCitywill laenpln:hs ..... aaa It I ppe ' lraekl wd ..................... _ ... , _ .. NOW, TiiWOD, • n OIIDAIDD IIY TBS Clff CQl OP BNOLBWOOD, COLOUDO, Al IIOUDWI: 8ec#m 1 'f'be City Oamcil aftba av af ......... I ti ---Ill t ... • rat far 8000 lollCll an. ......... ae,'a rfllll ........ CICw Dltlllla. 8ec#m 2. 'f'be City Oamdl aftba av af%1'11 ..... I ti I ---111 C 511111 ratlll"IOU~~lll"tbaae,'arialt&IIIWIIJ• ... CltwDltlllla. IDtrodwd, ... ill ,,... ......................... ., ...... 1111. -1- •, .. • • • I ~, [~Ii'' Iii '1· f Ill ~I. {4 i f · & I a. f f 8~ a. ,-. Si rJl . tr,U. •, ~ t .· t,5' J . e t ~~ ,· ;Is l ,t1h ,ii I f I hi! ·Jr fJ i ;,t., I fsffif l(il Jrf fJJ: JI ~jl i riff. ~ ,l( t _ :d _· ·:: 5': , f •!JI r • • • 7 ~ ' ' . -~ ,·; ~ • ~ 0 • - - • • ·, • ... IN WlTNESS WHEREOF, the Putia banto baYe aeeatad tbia Gnmt an1-mt the clay ud,.. tint --wriUmL STATE OF COLORADO ) >•. COUNTY OF ARAPAHOE ) 01.ANTOR: DAVJDNDl,BB PROPDTY OWND ~£//j;at '!be fanpin, iut:rummt ... acbowledpd bafan .. tbia 1'1*"ay al f'l*i;UV • 1998, b)' DaYicl lliller. Witnea my bud ud a8lc:ial 1ML lly CommiNion apina: f /<, b, ATTEST ~~' NOT~LIC GRANTBE: CITY OP DGUWOOD, OOLOMDO -2- ......... .......... . . . . . . . . . . . . . . . . . . . ......... ' . . , •, .. I . . 0 , I -• • , . • THIS GRANT OF AN EASEMENT (-onnt") ia made this __ day or ____ _, 1996, by CAROL M. JACOBS ("Gnntor"), whole adclreu ia 3012 South Grant Street, Engl-ood, Colorado 80110; and the CITY OF ENGLEWOOD ("City"), a Colorado municipality whale place ofbuaiaell ia 3400 South Elati Street, En,lewood, Colorado 80110. THE PARTIES conv11DBDt and qree aa follow,: Eeernmt PJ:ppcrty. The "Euement Ptope1ty• aball mean the real property locatecl at 3012 South Grant S1z'Nt in tbe County of Arapahoe, State ofColora®, more particularly cleacribecl Oil the attached lered . . on. Cgn•idcutigp . In coaaideratiOll for this ' tee will pay $10.00 and other valuable COD1identiOD. Qrant. g( Eeemnt. Gnntor hereby lf'BDtl to Grantee, ita aurma and aaaipl, an acluaive, permanent and perpetual -•t over, under, Kl'OII and tbroup the Eaaement Property for the purpoae of conatrw:tmc, c,paratiq, maintaininr, repairing, replaciq, removing and enlarsm, ~ ltruc:turel or improvement. or Grantee. ,. ""-'· Grantee aball have the perpetual and aduam ript ofincr-and ep.a in, to, over, throqb and aaw the Baaemct PropatJ far any pmpoae wary or delirable for the full mvoYD11Dt of tbe riptl P'IIJltl8d to Grantee under thia Gnat. 5. SvMtm't yd l,eta:e) SellllPl'l, Gnmtar ci,,mata and...,_ tbat Gnntae aball have the rilbt al aut..i-t and lateral aappmt cm the B••-* Property to wbatiever utent ia ~ or cleairable for the fall, ccmapJet.e and aadilturbed ~ent al the rilbta lf'BDted to Gnat. under thia Grant. 6 . WVAQty g( Title. Gnntar wUT11Dt1 and ...-a tbat Gnntar ii the fee aimple owner of the Ea-ent Property and tbat Grantor baa ftill ript, title and autbarity, and that thia Grant ia elfec:tive to rrant and ccmftY to Grant. the within dNcribed wt. Gnntor further coveDaDtl and qrw to indemnify, cWmd and bold Gnntee barmJw fram and apinat any advmH claim to the title of the E11ammt PropatJ by all and ..,.., penOll OI' penOlll lawfully claimiq OI' to claim tbe whole or any put tbenof. 7. Rindior Effm. Tbil Gnat aball atend to and be bindin, upOD the au mlll'I and allipa or the napec:tive partiea bento. Tbe t.erma, covenantl, .....-u and conditiOlll in thia Gnat aball be c:outrued aa covenant.I numinr with the land. . , I . • 0 , • • • IN WITNESS WHEREOF, the Partiea bento have aecut.ed tbia Grant afEaeement tbe day and ,.... &at above written. STATE OP COLORADO ) )N. COUNTY OF ARAPAHOE ) GRANTOR: CAROL II. JACOBS PROPERTY OWNER ~_5 Tbe faneuinr imtrummt wu lldmowledpd W.. me dlia ~ day af €(1'i'N,,,,J , 1998, by Carol II. Jacoba. wJ.y band ud a6:ial ...t G&AIITD: an a, -..ocm. omne+oo ATTEST n.-1 ............ -2- •.... ·.-v-. -. -··:·:···:·:···:-:,:-. . . . . . ~ ...... : ..... : ...... . -:-: . :-:-: -:-:-: •:.: . , • . I . . 0 '-I - ]- • • ·, • <. Leval De•eriptiau1 3000 SOutll Orant Street (Property #1) l.ot 1 , l.ot 2 of 8lock s ltrarer• lroadvay .. i9bt• 3012 8outll Orant •~-t (P y #2) l.ot 3 22ft o 4 of llock s ltrarer• .. iglata Apprax£aa1:e Aliviaaat of 12 • wide •-•-~ .. t alOllf f0Uowii19 dacrilled NDterliae1 leviluliav at a poiat at a~r tlle ~ CDrner of Property 12, t11ea lfort:Jleuter1r for ....,._iaatalJ' 21•, .... 11ort1a ....,._iaataly 22' to tlle llortb JtCOJIW'tJ' liae of Pro»ertJ' #2 (loath pnperty 1iae of Property 11>, .... Sut aJ.oav Nici l*Ojietty' 1iae a cliatuc:e of approx£aat•lJ' H ' , .... JrortbeuterlJ' acroee PrOjietty' #1 a cliatanc:e of ....,._iaately 60' to tlle eut property liae of PropertJ' 11. "' -. . ' •. ... .. I· • 0 • • - - OIIDDWfCB NO. / /J SERIES OF 1996 'tf- • 0 1~ • BY AUTHORITY 10 b1 COUNCll. BILL NO. 6 INTRODUCED BY COUNCll. MEMBER HATHAWAY AJf Olt.DDI.AMCB AUTIIOIUIIMO Alf INiilGOV'IINNWl'AL .AOaDIDl'l' BETWEEN THi: STAT& OF COLORADO DEPARTIIENT OF 'IUIIIIPORTA'llllt .-<nm ehT a, aNGLSWOOD, OOLOaADO I01l TBB COST OF CONSTRUCTION AND CONSTRUCTION ENGINEERING FOR THE DA1llliOUiR ... ftAII,...,.,... WHEREAS, the City Council of the City or Eqlewoocl, Colorado adapt.eel Ordinancea No. 16, No . 19 and No. 20, Series or 1995 autborizinc contract.a with COOT for the coat or deaip aerricea of the Dartmouth Bike Trail throuch Cuahiq Park, Belleview Avenue aidewalb and Broadway aidewalb; and WHEREAS, all or tbae projecta have comolidated into Olle CODStnlctiOD project entitled Dartmouth Bike Trail Projec:ta; and WHEREAS, Federal-Aid Funda, adminiatered throup the Colorado Department of Tranaportation, will pay 8()'I, or the a.ta and the ~ty or Eqlewood will pay 20'I, or the coat& for the Dartmouth Bib Trail Projec:ta Contract; and WHEREAS, the Dartmouth Bike Trail projecta have been approved by the Denver Regional Council or Governmenta <DRCOG) for fundin, throup the IDtermodal Surface Transportation Efficiency Act (lSTEA) and will conaiat or c:onatruction of a bike trail through Cuahine Park, aidewalb along the eaat aide or Broadway from Belleview south to Eqlewoocl City limita and aidewalb in Eqlewood along Belleview from Windermere to Clarbon; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCll. OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sed;ign l. The interpvernmmtal asr-t between the State of Colondo Department or TranaportatiOD and the City or Eqlewood, Colorado for the coat of conatruction and c:onatruction ea,ineerm, for the Dartmouth Bib Trail Projec:ta, ia attached u "Emibit A·. Section 2 . The interpvernmental qreement between the State or Colorado Department of TranaportatiOD and tbe City of Eqlewood, Colorado for the coat or construction and conatruction ea,ineerm, for the Dartmouth Bike Trail Project& ia hereby accepted and approved by tbe Eqlewood City Council. The Mayor ia authorized to esecute and the City Clerk to au.t and Mal the Ap.ment for and on behalf of the City or Eqlewood, Colorado. Introduced, read in full, and paued on ftnt reading on the 20th day of February, 1996. -1- ' I . • 0 , - • • • • • outdoor advertising, archaeological planning and research, and mitigation of water pollution due to highway runoff."; and WHEREAS, the State and the Local Agency have heretofore entered into three (3) basic contracts for projects numbered M395- 001, M395-002 and M395-003, dated May 26, 1994, August 5, 1994 and August 5, 1994, respectively, which provided for (ll preliminary engineering of a concrete bicycle path from the Santa Fe and Da.rtmouth intersection through Cushing Park to Buron Street; and (2) preliminary Engineering of sidewalks with handicap.accessible curb cuts along Belleview Avenue from Clarkson Street to Windermere Street; and (3) preliminary engin .. ring to construct sidewalks with handicap accessible curb cuts along the east side of Broadway from Belleview Avenue to Powers Avenue; and WHEREAS, all construction funds for the three projects have been transferred into one project, specifically STE M395-001, which project also incluces the original preliminary engineering funds for that project; and WHEREAS, Federal-aid funds have been made available for the three (3) projects, identified as STE M395-001, STE M395-002 and STB M395-003 for preliminary engineering and construction of a concrete bicycle path from the Santa Fe and Dartmouth intersection through Cushing Park to Buron Street, and for construction of sidewalks with handicap accessible curb cuts along Belleview Avenue from Clarkson Street to Windeaaere Street and construction of sidewalks with handicap accessible curb cuts along the east aide of Broadway from Belleview Avenue to Powers, all in the City of Englewood, Colorado, hereinafter referred to as the work; and WBEREAS, the Local A9ency has subaitted a project appl,i.cation to the State setting forth therein preliminary details, information and estiaates of cost of this work, which data has been approved by the State; and IIBEREAS, the matching ratio for this Federal-aid project is 801 Federal-aid funds to 201 Local A9ency funds, it being -2-•· • 0 , - - • OBDINANCB NO. /. /J SERIES OF 1996 f/ • 0 • BY AUTHORITY I • 10 b1 COUNCIL BILL NO. 6 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN OBDINANCB AUTHORIZING AN Dft'DGOVBRNIIBNTAL AGUBIIBNT BETWEEN THE STATE OF COLORADO DEPARTMENT OF TlWfSPORTA,_ Alft)Tffl 01TY OP BMGLBWOOD, COLORADO FOR TBB COST OF CONSTRUCTION AND CONSTRUCTION ENGINEERING FOR THE DAllTIIOUTR BID TRAIL PIOIBC'l'8. WHEREAS, the City Council of the City of Englewood, Colorado adopted Ordinances No. 16, No. 19 and No. 20, Series of 1995 authorizing contracta with CDOT for the coat of design services of the Dartmouth Bilr.e Trail through Cuahing Park, Belleview Avenue aidewalb and Broadway aidewalb; and WHEREAS, all of these projecta have conaolidated into one conatruc:tion project entitled Dartmouth Bilr.e Trail Projec:ta; and WHEREAS, Federal-Aid Funda, adminiaterecl through the Colorado Department of Tranaportation, will pay 80'li of the coata and the City of Englewood will pay 20'lf, of the coata for the Dartmouth Bike Trail Projecta Contract; and WHEREAS, the Dartmouth Bike Trail projecta have bem approved by the Denver Regional Council of Governments (DRCOG) for fundin, throup the lntermodal Surface TranaportatiOD Etlic:iency Act (ISTEA) and will CODaiat of conatructiOD of a bilr.e trail through CuabiDc Park, aidewallra aloa, the Nat aide of Broadway from Belleview aouth to EDpew'Ood City limita and llidewalb in En,lewood aloac Belleview from Wind-ere to a.n-; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOU.OWS: Sed;jgp 1. The interpenu11mtaJ ap I t W-the State of Colorado Department ofTranaportatioa and the City of .......... Colorado far the coat of conatruction and conatruction -,ineamc far the o.rta.ath Bib Trail Projecta, ia attached u "Emibit A•. Set;t;jgp 2 . The intergovernmental a,r11111.mt ~ the State of Colorado Department of TranaportatiOD and the City of .......... Colorado far the coat of cooatruction and conatruction encineerinc far the Dartmouth Bike Trail Projecta ia hereby accepted and approved by the Ea,lewood City Coaacil. The Mayor ia authorir.ed to aecute and the City Clerk to au. and -1 the A&-ent for and OD behalf of the City of Enpewood, Colorado. lntroduced, read in full, and puaed OD ftnt readilil OD the 20th day of Pebruary, 1996. -1- ..... ,. - • - I . • 0 '32 x l - - • • • ~. Publiabed u a Bill for an OntinaDce on the 22nd day of February, 1996. Read by title and puaed on bal rNding on the 4th day of March, 1996. Publiabed by title u OrdiDaDce No. _, Seriel of 1996, on the 7th day at March, 1996. Thomu J. Burm, Mayor ATTEST : Loucriahia A. Ellia, City Clerk I, Loucriahia A. Ellia, City Clerk of the City of Engl-ood, Colorado, hereby certify that the above and foreauinc ia a true copy of the OrdiDaDce puled on tbl.al readinl and publilbed by title u Ordillance No. _, Seri• of 1998. -2- I . . 0 f ::12xl • • • understood that such ratio applies only to such costs as are eligible for Federal participation, it being further understood that all non-participating costs are borne by the Local Agency at 100,, and WHEREAS, the Local Agency has estimated the total cost of the work and is prepared to provide its share of the cost as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agency, a copy of which is attached hereto and made a part hereof; and WHEREAS, said ordinance or resolution also establishes the authority under which the Local Agency enters into this contract; and WHEREAS, this contract is executed by the State under authority of Sections 24-92-101, et seq., 29-1-203, 43-1-110, 43-1-116, 43-2-101(4) (cl and 43-2-144, C.R.S., as amended; and WHEREAS, the parties hereto desire to agree upon the division of responsibilities with regard to this project; and WHEREAS, the Local Agency is adequately staffed and suitably equipped to undertake and satisfactorily complete portions of the work; and WHEREAS, the State certifies that such work can be more advantageously performed by the Local Agency. NON, THEREFORE, it is hereby agreed that: I . STATE CQll1ITMENTS A. The State will provide liaison with the Local Agency through the State's Region 6 Transportation Director, 2000 South Holly Street, Denver, Colorado 80222. Said Transportation Director will also be responsible .for coordinating the State's activities under this contract. Said Director or his designee will also issue a "Notice to Proc .. d" to the Local Agency for ccaaenc ... nt of the work. -3-I· • 0 ...... • • • • B. The State will administer the Local Agency and Federal-aid funds for this project in accordance with the following provisions. 1. costs incurred by the Local Agency 2. The State will reimburse the Local Agency for the Federal-aid share of the project charges following the State's review and approval of such charges. Charges incurred by the Local Agency prior to the date of FBWA authorization for the project will not be charged to the project. costs incurred by tht stat• The State will prepare monthly estimates of incurred costs relative to the project. The State's monthly billings for the Local Agency share will be based on actual costs. As funds are expended during the course of the work, the State will bill the Local Agency monthly for the Local Agency share of such expenditures. Opon completion of the work to be performed under this contract and acceptance thereof by the State, FIPfA and the Local Agency; the State will submit a final recapitulation of the project costs to the Local Agency and a final billing for the balance due of its share of participating costs plus all non-participating costs. c. The State will review construction plans, special provisions and estimates and will cause the Local Agency to make those changes necessary to assure compliance with State and FBWA requirements. The Local Agency will afford the State ample opportunity to review the construction plans, special provisions and estimates, as changed and said plans shall be considered final when approved and accepted by the parties hereto. The final plans are incorporated herein by this reference. -4- • . , I • • 0 - • • • .,, - • I • • . . D. In the event all or part of the construction work is to be contracted, the State will establish appropriate Disadvantaged Business Enterprise (DBE) goals for the construction contract(s) and the State in conjunction with the Local Agency will advertise the call for _bids, and upon concurrence by the Local Agency, award the construction contract(s) to the lowest responsible bidder(s). E. The State will perform a final project inspection prior to project acceptance as a Quality Control activity. When all project work has been satisfactorily completed, the State will sign the FlllfA form 1446C. I I. LOCAL AGENCY COMMITMENTS A. The Local Agency will provide: 1. Completion of the work in accordance with the project application as approved by the State. All plans produced shall be stamped by a Colorado Registered Professional Engineer. 2. Design work sheets used in designing of the project. 3. Construction supervision by a Colorado Registered Professional Engineer. B. The Local Agency will be responsible for the plans being accurate and complete. C. The Local Agency will comply with the applicable provisions of the State's approved Action Plan, including all Federal directives contained therein by reference. D. The Local Agency may enter into a contract with a consultant to do all or any portion of the propo•ed preliminary engineering and preparation of construction plans. In the event that Federal-aid funds provided herein are to participate in the cost of work to be done by a consultant, the contract shall comply with the requirements of Federal Aid Policy Guide (FAPG), Title -s- ..... • . I . • 0 f 32xl • • • ~ • ' <. 23, Chapter I, Sub-chapter B, Part 172, Administration of Engineering and Design Related Service Contracts. The contract with the consultant shall be preceded by an acceptable proposal and may not be executed or awarded until the selection of the consultant and terms of the contract shall have been approved by the State and the Federal Highway Administration (FHWA). All changes in the contract shall be by written supplemental agreement and must have prior approval of the State and FBWA. As soon as the contract with the consultant has been awarded, one copy of the executed contract shall be submitted to the State. Any supplemental agreements shall be similarly submitted . Any consultant billings shall comply with the State's standardized consultant billing format. Examples of the billing formats ~or the various methods of contract payment are attached hereto and made a part hereof . E. The Local Agency will be responsible to perform acquisition and relocation assistance for the project, as required by Section 24-56-101, et seq., C.R.S . However, if the State determines that such performance by the Local Agency will jeopardize or is jeopardizing distribution of federal assistance funds, or that action by the State is necessary to comply with federal policy or procedures, then the State, in its discretion, may perform the acquisition and relocation assistance itself or may supervise and direct the Local Agency in the performance of such acquisition and assistance. ,rior to taking such action, the State will provide written notice to the Local Agency of the basis of such determination or action and will meet with the Local Agency to discuss possible remedial measures . Prior to this project being advertised for bids, the Local Agency will certify in -6- ~~ • . ' I • • 0 , I • ,- • t• • . , writing to the State that all right of way has been acquired in accordance with the applicable State and Federal regulations, or that no additional right of way is required. E. The Local Agency shall comply with applicable federal requirements in its perfoniance of the work with federal funds under this contract. Such requirements include Title 49, Code of Federal Regulations, Part 18 ("The Common Grant Rule"), specifically including without limitation: 49 c.r.R. 18.36 regarding procurement; 49 C.F.R. 18.31 regarding real property acquisition; and 49 c.r.R. 18.32 regarding equipaent acquisition. F. The Local Agency will be responsible for obtaining the proper clearance or approval from any utility company which may become involved in this project, by separate agreement between the Local Agency and the utility, if necessary. Prior to this project being advertised for bids, the Local Agency will certify in writing to the State that all such clearances have been obtained. G. In the event the project involves aodification of a railroad company's facilities at a railroad grade crossing whereby the work is to be accomplished by railroad company forces, the Local Agency shall make application to the Public Utilities Comnission requesting its order providing for the installation of the proposed improvements. The Local Agency shall also establish contact with the railroad coapany involved for the purpose of: 1. Executing an agr .... nt setting out what work is to be accomplished and the location(a) thereof, and that the coats of the iaproveaent shall be eligible for Federal participation. -7- . , • .. I . • 0 ....... • • • H. • • ~ • 2. Obtaining the railroad's detailed estimate of the cost of the work. 3. Establishing future maintenance responsibilities for the proposed installation. 4. Prescribing future use or dispositions of the proposed improvements in the event of abandonment or elimination of the grade crossing. 5. Establishing future repair and/or replacement responsibilities in the event of accidental destruction or damage to the installation. The Local Agency will provide final assembly of construction plans, special provisions, estimates and contract documents. I. In the event the Local Agency has engaged a consultant J. for the design of a major structure, the Local Agency/consultant contract shall contain the following: l. Upon advertisement for the project for construction, the consultant shall make available services as requested by the State to assist the State in the evaluation of construction and the resolution of construction problems that may arise during the construction of the project. 2. The consultant shall review the construction contractor's shop drawings for conformance with the contract documents and compliance with the provisions of the State's publication, "Standard Specifications for Road and Bridge Construction", in connection with this work . The Local Agency has the option to accept or reject the proposal of the low bidder for work on which competitive bids have been received. The Local Agency must declare the acceptance or rejection at the award conference or within 3 working days after said bids are publicly -8- ,- • . D I • • 0 , ...... • • 0 ~ • opened, whichever occurs later. If the bid is rejected, costs incurred by the State in project development will not be eligible for participation by the FHWA and must be reimbursed to the State by the Local Agency. Following award of the construction contract(s), no further revisions in design data or cost estimate shall be made except by agreement in writing between the parties. By indicating its concurrence in such award at the award conference, the Local Agency acting by or through its duly authorized representatives, agrees to provide additional funds if required to complete the work under this project if no additional Federal-aid funds will be made available for the project. The total amount of such additional required funds will be determined at the time of final billing as provided in Paragraph I.B.2. above. K. The Local shall be responsible for administration of all aspects of the construction of the project. The Local Agency shall appoint a qualified professional engineer, licensed in the State of Colorado, as the Local Agency Project Engineer (LAPE). Such administration shall consist of project inspection and testing; approving sources of materials; performing required plant and shop inspections; documentation of contract payments, testing, and inspection activities; preparing and approving pay estimates; preparing, approving, and securing the funding for contract modification orders (CMOS) and minor contract revisions (MClls); processing contractor claims; and, aeeting the Quality Control (QC) requirements of the FHWA/State stewardship program. L. The LAPE shall administer the project in accordance with this agreement, the requirements of the construction contract, and State procedures. The LAPE may be an employee of the Local Agency or a consultant. In such -9- , . • . I • 0 ...... • • • ~ • ' event, notwithstanding Section 12-25-103, C.R.S., as amended, the LAPE shall be in responsible charge of the construction of the project as provided in Section 12-25-102, C.R.S. as amended. M. The Local Agency will prepare and submit to the State monthly charges for costs incurred relative to the project. The Local Agency will prepare project charges in accordance with the State's standard policies, procedures, and standardized billing format attached hereto and made a part hereof. Charges incurred by the Local Agency prior to the date of FB1fA authorization of the project will not be charged to the project. N. The Local Agency shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred and to make such materials available for inspection at all reasonable times during the contract period and for 3 years from the date of final payment to the Local Agency. Copies of such records shall be furnished by the Local Agency if requested. o. The Local Agency will maintain and operate the improvements constructed under this contract, at its own cost and expense during their useful life, in a manner satisfactory to the State and FBWA, and will make ample provision for such maintenance each year. Such maintenance and operations shall be in accordance with all applicable statutes and ordinances, and regulations promulgated thereunder, which define the Local Agency's obligation to maintain such improvements. The State and FBWA will make periodic inspections of the project to verify that such improvements are being adequately maintained. P. The Local Agency represents and warrants that it has taken all actions that are necessary or required by -10- • ' ,- • . I • • 0 ...... • • 0 • internal procedures and bylaws, and applicable law, to properly authorize the undersigned signatory for the Local Agency to lawfully execute this contract on behalf of the Local Agency and to bind the Local Agency to its terms. III. GENERAL PROVISIONS A. The Local Agency has estimated the total cost of the work to be $442,543.00 which is to be funded as follows: a. Federal participating funds (BO\ of $442,543.00) b. Local Agency parti- cipating funds (201 of $442,543.00) Total Funds $338,034.00 $84,509.00 $442,543.00 B. The matching ratio for this Federal-aid project is BO\ Federal-aid funds to 201 Local Agency funds, it being understood that such ratio applies only to such costs as are eligible for Federal participation, it being further understood that all non-participating costs are borne by the Local Agency at 100\. The performance of the work shall be at no cost to the State. If the total actual cost of performance of the work exceeds $442,543.00, and additional Federal funds are made available for the project, the Local Agency shall pay 20\ of all such costs eligible for Federal participation and 100\ of all non-participating costs. If the total actual cost of performance of the work is less than $442,543.00, then the amounts of Local Agency and Federal-aid funds will be decreased in accordance with the funding ratio described herein. C. The maximum amount payable to the Local Agency under this contract shall be $49,010.00 unless such amount is increased by a -11- • ' I . • 0 , - - • • 0 (• • written supplemental contract. D. Upon receipt of each bill from the State, the Local Agency will remit to the State that amount billed. Should the Local Agency fail to pay moneys due the State within 30 days of demand or within such other period as may be agreed between the parties hereto, the Local Agency agrees that at the request of the State, the State Treasurer may withhold an equal amount from future apportionments due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to the State. Interim funds, until the State is reimbursed, shall be payable from State Highway Supplementary Fund (400). E. Upon execution of this contract the State is authorized, in its discretion, to perform any necessary administrative support services pursuant to this contract. These services may be performed prior to and in preparation for any conditions or requirements of this contract, including prior FHWA approval of project work. The Local Agency understands and agrees that the State may perform such services, and that payment for such services shall be at no cost to the State but shall be as provided herein. At the request of the Local Agency, the State shall also provide other assistance pursuant to this contract as aay be agreed in writing. In the event that Federal-aid project funds remain available for payment, the Local Agency understands and agrees the costs of any such services and assistance shall b:e paid to the State from project funds at the applicable rate. However, in the event that such funding is not made available or is withdrawn for this contract, or if the Local Agency terminates this contract prior to project approval or completion for any reason, then all actual -12- ..... "' - I . ' 0 I • • 0 , - • • • • ,. - incurred costs of such services and assistance provided by the State shall be the sole expense of the Local Agency. The Local Agency shall pay the State for all such costs within 30 days of receipt of written notice from the State requesting same. F. It is understood and agreed by the parties hereto that the total cost of the work stated hereinbefore is the best estimate available based on the design data as approved at the time of execution of this contract, and that such cost is subject to revisions agreeable to the parties prior to bid and award. ,,,_ G. The parties hereto agree that this contract is contingent upon all funds designated for the project herein being made available from Federal and Local Agency sources. Should these sources, either Federal or Local Agency, fail to provide necessary funds as agreed upon herein, the contract may be terminated by either party. Any party terminating its interest and obligations herein shall not be relieved of any financial obligations which existed prior to the effective date of such termination or which may occur as a result of such termination. B. Notwithstanding any consents or approvals given by the State for said plans, the State will not be liable or responsible in any manner for the structural design, details or construction of any major structures that are designed within the work of this contract. I. In the event that all or part of the work is to be accomplished by force account rather than contract as specified in paragraph I.D. hereinabove, the Local Agency will insure that all work is accomplished in accordance with the pertinent State specifications as well as FAPG, Title 23, Chapter I, Sub-chapter B, Part 635, Sub-part B, Force Account Construction. Work will normally be based -13- ..... • . .. I • • 0 I - - • • • • • upon estimated quantities and firm unit prices agreed to between the Local Agency, the State and the FIIWA in advance of the work, as provided for in FAPG, Title 23, Chapter I, Sub-chapter B, Part 635, Sub-part B, Section 635.204(c). Such agreed unit prices shall constitute a commitment as to the value of the work to be perfoz:med. It may be agreed to participate in the work based on actual costs of labor, equipment rental, aaterials supplies and supervision necessary to complete the work. Where actual coats are used, eligibility of coat items shall be evaluated for compliance with Federal Procurement Regulations Part 1-15. Rental rates for publicly owned equipment will be determined in accordance with Section 109.04 of the State's "Standard Specifications for Road and Bridge Construction". All force account work shall have prior approval of the FHWA and shall not be initiated until the State has issued a written notice to proceed. The Local Agency shall, during all phases of the work, permit duly authorized agents and employees of the State and the FIIIIA to inspect the project and to inspect, review and audit the project records. J. The State shall have the authority to suspend the work wholly or in part, by giving written notice thereof to the Local Agency, due to the failure of the Local Agency or its construction contractor to correct Project conditions which are unsafe for the workllen or for the traveling public, or for failure to carry out provisions of this contract or the construction contract, or for such periods as the State aay deem necessary due to unsuitable weather, or for conditions considered unsuitable for the prosecution of the work, or for any -14- I. • 0 '32xl - - • • • <, ... • other condition or reason deeaad by the State to be in the public interest. K. The term of this contract, except for the provisions regarding maintenance, shall continue through the coapletion and nnal acceptance of this project by the State, 11111A and Local Aqency. The covenants with regard to -intenance of the iapro, 11 ants coaatncted under this contract shall naaiD in effect in perpetuity or antil such tiae u the Local A,Jency ia, by law or otherwiN, relievad of such reaponaillility. L. During the perfozaance of all 110rk under this contract, the parties hereto agree to coaply with Title VI, of the Civil tights Act of 1964, th• salient points of which are shown in the Bon-Discriaination Provisions attached hereto and made a part hereof. M. The Spacial Provisions, the Bondiscriaination Provisions, Appendix B, BnginHring Services Section 107, Attacbaent LO and 4 9 c. r. II.. Part 18 are incorporated into the terms and conditions of this contract by this reference. In the evant of a conflict betlllND c.r.a. 49 and the provision• of this contract, c.r.a. 49 shall control to the extent of such conflict. •. This contract aball inure to the benefit of and be binding upon the parties, tbeir aucceason, and aaaips. -15- • • 0 I - - • • • - <, IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first above written. ATTEST: By....-....-...-....----------Chief Clerk CLIFFORD W. BALL State Controller By----------------- ATTEST: By Title STATE or COLORADO ROY ROMER, GOVERNOR By..-----....---. ...... ----------becut1ve Director DEPAll'l'NEIIT OF TRAJISPORTATION APPROVED: GALE A. NORTON Attorney General By BARRY B. RYAN Assistant Attorney General Civil Litigation Section CITY OF ENGLEWOOD, COLORADO By----------------------~ Title~-------------------- Federal Employer Identification Number~---------------------- -16- "' - • . I· • 0 r .'t? ')( I - • • • • 0 - SPECIAL PROVISIONS CONTllOLLER'S APPROVAL ;- I . 'nil--. lllall _ N_ valid ••ii i1111111 hne _ _... llylNC-aflllo-'IIC:....•--•lla .. y-..... Tllil ,nt•ilioa i1 applicable &0 .,.,.. c•uac:1 invol•tll1 •M payfflCftt or,. .. ~ by tlM Swc. FUND AVAILABILITY 2. Fiuacial oMi1atiou of 1ttc Sta&c o( Colonclo payalt6c after 1M c•fftftt fiacal year are c•••-.• .,.. ,_.. for._,..,... N'iaa appnp,iated, blHSplCd • ... •Mrwitc .... a,,ailablc. BOND REQUIREMENT ). If dlii1 CIIMf'IIC't Mlwofva rM paywwn1 or more tMa fifty ,...._.. _.Ian for• COIIIIIW'liea • ......._ ...... ......_, w iz+cc •-• of aay Nildi•I· -. ...... .-,.-1 ....... ,ioo O<Olllcrp.bllC --r .. -.s-_ ... __ .. ..._ _____ ......,_,,,_, __ _ ·-_,. ,.,, .... __ .... ;,.., ,o 111c s,-o1roc,a1 •• ..;n up .. _._•..--...,...., -·----• .,. __ .., -efflciol iaapnal ___ , .... _ .... ,ro1111c....i-,.,-11y .. _., ________ ...,_.., • .,., .. _.. --_,... r .... r.1,-now ot,.,._,..,_ ·---•---if•-••••••-fai• •,..,-,-., -----biie.--·--··-··,,._ .. _._. .. ___ ..,_____ _,..,_., ... _ ceMrKIN •• lie doae °' fa,1, to pa~· an~· rcr~ wfwl qrtflhcit mual 111ad1iNry. 100l1. or ... i,...., ia dlC .......... ol * ..t •--, will,., 1M .... i• • ..... , ... cacecdia111w 1•111 1'pcc111rJ •• 11M t-,Dd . topthn •·••• •••ere.a .. 1k rate of ...... ,cr ce111 ,a ...... u.-. .a .._ ,, caenwd. *li,,,.rcd aad IIW. •claia ia ra-o1 .... _anli•1--••-lllall •-....a1-•..-. A--•-·•-k•• ___ ,_,_ ... T-or1M S-olC:.... •y •-4 ia lin.ra-. Tllil~ ii • ._--cas ._._,._ INDIPOlfflCA TION •.To ... a-•--lly la• ..... .-.. 11 -,,. --.----S-.ilo.....,_-............ -,. -all c1aiaa. ....... liaWily -------.-. .._ .. -.._, .._ __ •-af-,.-•__.. lly --. •ill..,..,... ....... 1w,s.orulia-...-••-ef1m--.. DISCllDmlA110N AND AfflltMATIYIE ACffON ,_,.._..,.. _ _., ____ ...,., .. ~ Aaellffl.----------- ..... I I -.,___,_ ,..._ ICIIS ~--...-i.r --..o.a.. ..... ___..._.~ Mlia.-Afril 16. lffl. ---•• ,.,.,._.,,,__, __ ia.I! s--·-... ... Dmilll .. ,._ ... ___ ., .. ___ .... _......., (a) TIie-wiii-~ ..... .., .....,_ ..........••••• ,_.._--CNN. ............ aripa. -· ,....._.....,_,_ ..... ..,.... ............ _ .............................. _....,.... __ ....,.._ ........ ..,..,... .............. _....... .. ................. _ ......... ........, .....,_ ..................................... ~-.--_.,.., ....... ., .. ..................... qp . ,·, ,.._ ..... ,_. . ............. .....,.. .. ...._ .. ,,,_ ............. ti!' .. _.,....._ ........ ,....__,.__ Ci I --. ~)°1111-will.iaall Mliciaiea•-· I .. .....,.. ...... 'J __ ....,.., .. _,_ .... ..,......,._wiD _... ., ..... .....,_.--.......... -. ....................... _......,_, ......... ........ ... (c)Tlll_will...,.ae ... ---••+ .,...,_.___..,.._ • ....._.....,..._._ • ...,_ • .... f ,.-............. -11! ... ._..,.,,. .... ..-ili ............ __... . ., .. _.. . ..... Eua,,.. Older. Eqoal ~11' -Al'r.,,..,we Aclioa. •• April 16. ""· _, ., .. -.......-. -, ,.._ °"1111 ., .. c;....r. ,.,,,. ___ -·•ill r..111 a11...r .......... _....,..""~a... ..... o,,...;,,.-~Ame11elAfril 16. 1975. _,..,.die .......... -.-°'*" ol llll c.--. • ,._--. -will,.... ___ ....._....._ --'J .. _.,......, ....... afficcoldltO.-..orlllis-.-,--o1iaw ·a · ._.....,._.__....._,........_._ cc>A-_,..iaa,iclll will-nclodr ... ~-·--• .... ifiad-r.i1 _,..,,...._..._....,;a.... • ..,.i-,.w11~ ,,___.,,nlUCll-orp,,..._orClucn•i-...-•~af1•-.iallwfull._af_.........,_.,...._ __ _ ••· uaiouJ onfin . • ncnrry. en A -....,..., __ .. 111e ....,"'-•-. -.;u-lid.-·;...._....,.. __ .. ...,,. .,Ml'..,..,._;,, ... __. •lie ~... . • ..,. • ..,... ... _ ...... ~ --... ,.!'191 _ ... ~ ., •• _... • .,. ... ~ --._,.. oilller diNaly • iadita:1ly. 1a C0111ffl11 •r ac1 c11 fiNC1 di 111,1 aauact 10 a. dilcn•IIIAtDr'Y· -... c .021 ... _,,., JN•IMI-IIU -...L e1i..- I • • 0 '32xl - - • • • 0 I • • APRIL 1980 Nondisaimiution Provisions: In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of the Federal Aid Highway Act of 1973, the Contractor, for itself, its assignees and successors in interest, agree as follows : A. Compliance with Regulations. The Contractor will comply with the Regulations of the Department of Transportation relative to nondiscrimination in Federally assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations;, which are herein incorporated by reference and made a part of this contract. B. Nondiscrimination. The Contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color, sex, mental or physical handicap or national origin in the selection and retention of Subcontractors, including procurement of materials and leases of equipment. 'The Contractor will not participate either directly or indirectly in the discrimination prohibited by Section 215 of the Regulations, including employment practices when the contract covers a program set forth in Appendix C of the Regulations. C. Solicitations for Subcontracts, lncluc:im& Procurement of Materials and Equipment. o. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurement of materials or equipment, each potential Subcontractor or supplier shall be notified by the Contractor Qf the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color, sex, metal or physical handicap or national origin. Information and Reports. The Contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto and will permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the State or the FHW A to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the State, or the FHW A as appropriate and shall set forth what efforts have been made to obtain the information. page 1 of 2 pages ..... ___ ............ _ ,,_ • . ( I . • 0 f 32xl - • • • • DIUDValft'JMaD auaIIIU8 atwua coa, SECTION 1. Policy It is th• policy of the Colorado Departaent of Transportation that disadvantaqed business enterpriHs as defined in 49 era Part 23 shall have the aaxiaum opportunity to participate in the perfoxaance of contracts financed in whole or in part with Federal funds under this agr .... nt. Consequently, the DU requireaents of 49 era Part 23 apply to this agreeaent. SECTION 2. PM Obligation The recipient or its contractor agrees to ensure that disadvantaged business enterprises as defined in 49 era Part 23 have the aaziaua opportunity to participate in the perfoxaance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard all recipients or contractors shall take all necessary and reasonable steps in accordance -with 49 CFa Part 23 to ensure that disadvantaged business enterprises have the uziaua opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and perfoxaance of CDOT assisted contracts. SECTIOM 3. PM Prggru The contractor (subrecipient) shall be respoaaible for obtaining the Disadvantaged Business Enterprise Prograa of the Colorado Departaent of Transportation, 1988, •• aaended, and shall ccaply with the applicable provisions of the prograa. A copy of the DU Prograa is available frca: Staff Construction Kngin .. r Colorado Department of Transportation 4201 East Arkansas Avenue, ltooll 287 Denver CO 80222-3400 Phone: (303)757-9231 and will be aailed to the contractor upon request. .... . ' • . 0 I . • 0 f 32xl ~ ) ) ' . ... • :~:.· ~··~~'.~.,~;:~.~~~~·:~~!~-~~~~~:~~,kt8!:J:'~-~.~¥~·~i .-. . . ·. . .... ·.. . .\. !_.: :··'. ·. ·. . . . . , . : .... r~);'?.:i:tfr·.:~:::-:-:'..i., ·,.. . : . . , ... • • \ / 0 • 'Iii 1n11 Jitf i Uif!ii'i . l'l i11il: '1uf ttttbr .ft ,t SI I r 1r I I·· _,..f ~~ t,H l1l1 I_,! ll .. J lflJll 1f .sf fgQ I ,f 1111 1 itJfJ tt:fli ., ! .air 1 IJ''r .!JI 1,. ·, _ I Ur I 's . R H!ft HP! Jtttf: .. I >, 1h rJr' i Ja JLJl :.:1 .'· \::\ .... ':: ' . I ,. ,.Y .,. • :· :' .. _ .. ,:, ,.: · .. :.-··i·~. · .·.. .·.·.:...-,</\.'>.:.::'.·.'·_ .. · · . · ··./ ·.-.. /,.:\~24.~~~~}i>··!).:L :\,'.: .... • . • . J I r I . . . 7 " I ~: ... • I ,, .• ' ' ' - - • • • • '· Nola: The attached resolution must contain the following: A. The local agency's pen»nt (%) contribution of the total estimated dollar amount B. Authorized signatory. C. Local Agency's approval of the contract. O. The resolution must not contain language that conflicts with the provisions of the contract LOCAL AGENCY RESOLUTION OR ORDINANCE TO BE ATTACHED TO EXECUTORY COPIES . ' .. . . . I . . 0 '32xl - • OBDINANCB NO. 2 SERIF.s OF 1996 • 0 - BY AUTHORITY COUNCIL BILL NO. 9 INTRODUCED BY COUNCIL MEMBER VORMl'M'AG 10 bti AN OBDINANCB APP80VING TBB SALB OP POUR PIIOPBIL'IUB, WHICH WBBB DEVELOPED FOR THE "BUILD" PROJECT, ON THE OPEN MARKET. WHEREAS, the Englewood City Council allocated $500,000 from the General Fund for Project BUILD; and • WHEREAS, in 1990 the Englewood City Council recommended a program be instituted whereby newly constructed, single-family homes are built to replace seriously dilapidated or obsolete structures, or are built on vacant lots; and WHEREAS, four such developed properties are ready to be sold to private parties who will secure their own financing, thereby replacing the City funds U8ed and returning them to the BUILD fund; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1 Approval is hereby given for the sale of four propertiea which were developed for Project BUILD. Said properties will be sold to private parties who shall aecure their own financing and the City funds, which were used to purchue and develop said propertiea, shall be returned to the BUILD fund. The sale price is to be the fair market price bued on appniaal plus or minus seven percent (7'*1). Section 2 The following properties to be IIOld are propertiea which were developed for Project BUILD : 1 . 2035 West Hillside Avenue 2. 2073 West Baltic Avenue 3 . 2083 West Baltic Avenue 4 . 4801 South Grant Sa'eet The sale of these properties shall require the purchaser to qree by eeparate document u follows : 1 . The purchaser shall be the occupant. 2 . The purcbuer shall not own any other residence on the date of tranafer of deed to the above properties. 3. The property may not be rented by the owner durin, the Int three (3) yean of ownership. Section 3. The Mayor and the City Clerk are authorized to ewute the proper form al deed for the conveyance of these propertiea punuant to Section 72 al the En,tewood City Chart.er. -I - ..... ,, - .. I. • 0 - • • • • Introduced, read in full, and paued on first reading on the 20th day of February 1996. Publiabecl as a Bill for an Ordinance on the 22nd day of February, 1996. Raad by title and paued on final reading an the 4th day ofMan:h, 1996. Publiabecl by title as Ordinance No. _, Seriea al 1996, oo the 7th day of Mardi, 1996. Tbomu J . Duma, Mayor ATTEST : Loucriahia A. Ellis, City Clerk I, Loucriahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certuy that the above and foregoing is a true copy of the Ordinance paued oo final reading and published by title as Ordinance No . _, Series of 1996. Louc:riabia A. Ellis -2- I . . 0 m' '32xl - - • • 0 •• • BY AUTHORITY ORDINANCE NO . _ COUNCIL BILL NO. 8 SERIESOF1996 ::1c~~ A BILL FOR AN OIIDIIIAlfC8 .AIIDIDllfO TITta U, ~· 88C'ftONS 2 AND I, AS WELL AS CHAPTER =iD, S CTIONS 4 AND 5, CHAP1'ER 2, SECl'ION 2, PAllAOBAPII B, NUIIBBR 4, F TIIB BN IIUNICIPAL OODB 1115 REGARDING MISCE US WATER SERVICE FEES. WHEREAS, the Englewood Building Department bu requeated the Englewood Utilities Department's help in eliminating wasteful once through water cooled equipment; and WHEREAS, this amendment prohibits the discharge of cooling water into specifically designated storm sewers; and WHEREAS, the propoeed amendments will result in increasing the charges for miscellaneous water service fees in the City of Englewood; and WHEREAS, the proposed fee increues will help the Utilities Department lower the number of delinquent accounts and recover the actual c:osts of services rendered; and WHEREAS, the Englewood Water and Sewer Board reviewed theee amendments at their January 9, 1996 meeting and recmnmend adoption of the amendments; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sec;tion 1. The Englewood City Council hereby amenda Title 12, Chapter lB, Secticm 2 of the Englewood Municipal Code, 1985, which lhall read as follows : 11-18-2: TAPPING AND ctm1NG Off IIAINB: A . The tapping of any main for the purpoee of makina a c:onnecticm lhall be done only by the Water 9iciei• CITY and attheapeueoftbupplicant. 'lbe corporation valve inaert.ed in the main and the aervice pipe to be laid must be of the me specified in the permit. B. The cutting off from maim may be performed by either a licmNd and bonded plumber orb, Water 9iuilli• CITY penonnel. In the-• w ... IMiai• CITY penonnel perform the cutoff,_. the_, ill• lie•••••••. a .... el ae,_., 6:e ••ll-(.H.98) will lie ae _. ,_,.we lwww elie .. ,r ,., A CHARGE EQUAL TO THE CITY'S TIME AND IIATERw.s WILL BE DUE AND PAYABLE FROM THE APPLICANT. IP AN ABANDONED WATER SERVICE JS NOT DISCONNECTED AT THE KAIN IN A 1111ELY MANNER, THE CITY MAY PERFORM THE DI.SOONNECTION AND MAY CHARGE TIME AND MATERIALS AGAINST THE PROPERTY EITHER THROUGH THE NEXT REGULAR QUAll'l'EllLY WATER BILL OR BYLIEN. -1 - • ' - ,,, - I· • ' - - • • 0 • Section 2 . The Englewood City Council hereby amends Title 12, Chapter 18, Section 6 of the Englewood Municipal Code, 1985, which shall read u follows: J.2.J.B.6: USER 1'0 PROVIDE CURB STOP: Every owner of property using water shall provide a curb stop with •11-11 ••--, A BALL VALVE on the service pipe outaide of bill premises and protected by a stop box, by means of which the water may be turned CJD or off &om the premillell by any employeee of the WMer IMilli• CITY, and shall maintain the nme in good working order. 'lbe atop bolt aball be IO maintained that at all times it will be conveniently acceeaible in good order for turning wat.er on and off with the cover at the level of the adjacent pound. IF CITY PERSONNEL ARE REQUIRED TO CLEAN OUT A PROPERTY OWNER'S STOP BOX, FOR WHATEVER REASON, EITHER AT THE REQUEST OF THE PROPERTY OWNER, FOR AN EMERGENCY OR FOR A DELINQUENT TURN-OFF; A FEE OF THIRTY DOLLARS ($30.00) SHALL BE DUE AND PAYABLE BY THE PROPERTY OWNER AND SHALL BE BILLED TO THE PROPERTY BY THE CITY WITHIN THIRTY (30) DAYS AFTER THE SERVICE HAS BEEN PERFORMED. Sectign 3. The Englewood City Council hereby amends Title 12, Chapter 10, Section 4 of the Englewood Municipal Code, 1985, which shall read 811 follows: 11-l.lM: DELINQUENT WA'ID BILLS: Water billa on metered rates and echeduled Oat rates become delinquent thirty (30) days after the date of billing AND SHALL BE ASSESSED A TEN PERCENT (lO'I>) LATE FEE. Water ill llUbject to tum-otl'withollt notice whenever a bill therefor bu become delinquent; provided that the \\tuer IMoiai• CITY aball give a five (5) working day written notice before actually turning off water for ncmpaymeot. Such notice shall be eft'ec:ted by penonal aervice or certified mail or regi9tered mail, l't!tum receipt requested, to the owner ar occupant of the ..-.-for which the charge ill due. The obliptiCJD to pay promptly for water service ill not in any way affected by failure of the owner ar occuput of the ..-.-aerved to ..-ive a bill for the service. Sectigp f . The Englewood City Council hereby ameodl Title 12, Chapter 10, Section 5 of the Englewood Municipal Code, 1985, which aball read 811 follows : J.2.lD-6: CIIABGB8 POil nJIINING WA'l1m ON AND Off: The t:1tilitiee ee...-•• CITY ill aut.t-ized to cbarre-.e FIPTEEN dollars (~15.00) for services rendered when A CUSTOMER SERVICE REPRESENTATIVE VISITS A PREMISES TO TURN OFF THE WATER FOR NON-PAYMENT. THE CITY IS AUTHORIZED TO CHARGE FIVE DOLLARS ($5.00) FOR SERVICES RENDERED WHEN A CUSTOMER SERVICE REPRESENTATIVE VISITS A PREMISES TO DEUVER A TURN-OFF NOTICE . WMeP ia NlllN ........ ·~--flthe lillMII ...... a 1ut1•1r-ai1 p eiaitethep: · 11•Mli•••--••lllin••--•••--ia eempliHr! with the peuki•• f1811ti1a II ID lfl.._,..._._ lfwats, WJUCH HAS BEEN turned all at the curb baa by the W... Diiri 1 · n CITY, ia unlawfully tumed CJD apin ar IS cauaed to be tunNd cm by the-. ar if the....._., eootrollin, the Nnice ia DOt nadily --'Ne, the Nnice may be cut all at the main by the W..., Di u ••• CITY ud, before the water aball be tuned GD apin, -2- - I . • 0 '32xl - - • • • • <. the user desiring the same on uid premilN aball pay the coat and apeme of turning uid aervice off and on, and aaid coat aball .... esclwle ncavation and cut permits. uie-.p11g1,ewood City Council hereby amenda 'ntle 12, 2, Section ber 4, or the Eqlewoocl Municipal Code, 1 , which aball read 'lbomu J. Burm, lla,w ATTEST: Loucriahia A. Ellia, City Clerk I, Loucriahia A. Bllia, City Clerk al the City al......,_., Colando, hereby certify that the abowe and....., ill a true copy al a BiD for an Onliaace, introduced, read in ftlll, ad ...... cm Int ....... CID the .eb clay alllarcb, 1916. -3- . , • \ I . . 0 - - • • Date March 4, 1996 INITIATED BY Utilities Department • 0 /• • COUNCIL COMMUNICATION Agenda Nam 11 ai STAFF SOURCE Stewart H . Fonda, Dnctor of Utilities COUNCIL GOAL AND PREVIOUS COUNCL ACTION Proposed changes will be to the Englewood Municipal Code, TIiie 12, Public Utilities . RECOMMENDED ACTION Council approval. by Ordinance, of the proposed changes to water service feel . BACKGROUND, ANALYSIS, MD ALTERNATIVES IDENTFIED ,, - The Water and Sew Board, at their January 9, 1998 fflNling, racommended Council approval of one Code change and ttte propc,Md· fee incn•• for lie following wvic:es: 1 . The Building Department has r9qU11t1 d the UlililiN Depa,tment's help in eliminaling the wasteful ·once through" water cooled equipment. The words "cooling watef" wll be eliminalad from Section 12-2-2 84 of the Sew Code and replaced with "Water cooled equipment c:unn11y in placa may remain in use. 'Nhen such equipment must be repaired, replaced or moved, ii must be ~ with air cooled equipment.· This change would prohibit the discharge of cooling water into spec:ifically designated storm sewers . 2 . In Section 12-18-2, B of the Water Code, the wording would be changed from "A charge of seventy-five dollars(S75.00) will be due and payable from the applicant" to "A charge equal to the Water Division's time and materials will be due and payable from the applicant. If an abandoned water service Is not disconnectad at the main in a timely manner, the Water Depa,tment may perform the disconnection and may charge. time and materials against the property either through the next ragullr. quarterty water bill or by lien .· 3 . In Section 12-10-4' the following would be added: "Water bills on metared rates and sc:heduled flat rates become delinquent thirty (30) days an. the date of billing and shall be aueued a ten percent (10%) late , .... I . • 0 -• ,, - • t• . • ' • 4. In Section 12-10-5 the ctwge forwatartums-offs would be raised from $5.00 lo $15.00 for delinquencies. The Water Department wi1 charge for tum-offs on delinqun accounts only. The wording wil be changed ID rud, "The Utilities Oepar1ment ii aulholiad ID charge fiflNn dollars ($15.00) for WYicN rwldered when a customer Nnrice ...-alive vilill a pi..,..... ID tum off the watar for non-payrMnt. The Utilities Oepar1ment ii aulhol'lzed ID charge five dollars ($5.00) for WYicN Nndered when a a.,storw Nnrice ,.....,_... vilitl a pramiNI ID deliver a tum-off notice.· 5. In Section 12-1N the following would be added: ,r W,,_ Division personnel clean out a pn,perty owner's stDp box for.._..,.. fNIOft, ..., at .. ,...._of .. pn,perty owner or for an .,..,...icy or for a clelinqua1I tum-olf, a fN ot thirty dollars ($30.00) lhal be due and payable by .. pn,perty owner and lhal be bilad lo .. praperty by .. w .. Dapafflln wil*I thirty (30) days after .. WYice has been perfonned. FINANCIAL IMPACT It is projected that~ of the proposed .... charge, ...... and ... biling delinquency,.. would dec:ruM and the proposed Nnrice fN ilCl'IIIII would be fflOf9 in line wilh -*al ...... incurr9d by the Utilities Department. UST OF ATIACHMENTS Resolution, Series of 1998. • ' .. I . . 0 , I - • 0 .. • COUNCIL COMMUNICATION Data Subject March 4 , 1998 11 ai Ordinance Changes for Miscellaneous WatM Senrice FNS NTIATEDBY Utilities Department STAFF SOURCE Slawart H . Fonda, DndDr of Utilities COUNCIL GOAL AND PREVIOUS COUNCL ACTION Proposed changes will be to the Englewood M&ncipal Code, TIiie 12, Public Utilities . RECOMMENDED ACTION Council approval, by Ordinance, or the proposed changes to water NNice fees. BACKGROUND, ANALYSIS, AND ALTERNATNES IDENTFED The Water and Sew Board, at their January 9, 1998 meeting, wmended Council approval of one Code change and the proposed,_ inaUNa for the fallowing wvices: 1 . The Building Department ha '9qlllltld the UlililiN [)epar1ment°S help in eliminating the wasteful ·once through" water cooled equipment. The words "cooling ...,-wil be eliminalied from Section 12-2-2 1M of the Sewer Code and r9Placed with -w .. cooled equipment currently in place may l'9fflain in UM. When such equipment must be ,-panel, replaced OI moved, it must be r9l)laced wilh air cooled equipment.· This change would prohibit the dilc:harge of cooling water into spec:ificaly designated storm 18MB. 2 . In Section 12-1B-2. B or the Water Code, the wording would be changed from "A charge of Mventy-five dollars(S75 .00) will be due and payable from the applicant" to "A charge equal to the Water Division's time and materials wil be due and payable from the applicant. If an abandoned water service ii not disconnectad at the main in a timely manner, the War Department may perform the discor;.,ection and may charge. time and mat8rials against the property either through the next raguiar, qua,tef1y water bill OI by lien ." 3 . In Section 12-10-4 the following would be added: -w .. bills on mewed rates and scheduled flat rates become delinquent thirty (30) days aftar the data of biling and shall be asMIMd a 18n percent ( 10%) late , .... • . -• ...... 0 I· • 0 •' I I I r; ' 2 I - ORDINANCE NO. _ ~OF1996 • • BY AUTHORITY A BILL FOR • 011DD1A11C& .,....IBPMJ MSW rmw POa IU8IIINO nAtnC SIGNAL OPERATIONS IN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the EDpwood City Coancil baa rmewed the mlJjec:t al 8ubiDc traffic aipala -D-OCCMi-; ancl WHEREAS, the EDpwood V-icipel Code prarida for~ 6-the Traffic Eqineer'a lltaDdanla if certaiD caaditimla are met; and WHEREAS, the City Coancil muat bold a pahlic bNriDs reprdinc the 8aabiDg traffic aipal criteria u it e&da the bealtb, ufety ancl welfare al the c:ituem of Englewood; and WHEREAS, the EDglewoocl City Council feeu that it ia ill the bmt iDterelt af the health, safety and welfare al the c:ituem al Eqlewood to modify ancl eatablilh • - criteria for t1ubia, traffic aipala; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCU. OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sectim 1. The City Coancil al tbe City al.....,_., C'Alarado ba"eby mabe an acepticm to the Volume Critaia, Part A of"ll'laalliq Operatiau• Critaia, with the adopti-of the following volume criteria for flubiDc trdic aipala ill the City: 1. 11am street biclirect.iaDal traffic volume 1-a than 880 VPH (vebidea per boar) and bidirecticmal llide ltreet trdic ftlume 1-a tbaD 90 VPB (vebidea per boar) for at leut three camecative hams 6-8:00 P .11. to 8:00 A.II.; and 2 . 11am street averap 1Nlllkllay tzdic Yalame ._ than 35,000 vebidea per day; and 3 . No aipala to o..h before 8:00 P .II .. A Public Hearing wu held CID llan:b f, 1996. Introduced, read iD full, and puaed CID ftnt readiq CID the 4th day af llan:b, 1996. -1- ..... " - .. I . . 0 I - • • • • • COUNCIL co1•1 NCA110N 11 aH ..ua .. =tNOED1111::uACIION , .. lullject OnlinMce &tllblilhiig Flashing Tralllc Ughls Clllrla Pm an Ordinance Nlablilhing Council's c:rillria tJr latling ope,allDiw in e. Cly d EliglNaad. BACKGROUND, ANALYSIS, AND ALTERNATM!S 1&11 & Council uprwed e. desire ID adopt lashing nlllc light ope,alliDn --· alts IIWI .... l9COl,11•1ded br llaff. None. UST OF ATTACIIIIEHTI Ordinance establishing new c:rillria Flashing Sctledule Flashing Operations Crillria (existing) Flashing Operations (changN ID accon111oda Councl ldledul9) • . I . . 0 ' - - • • • ,. ATTEST: Loucriabia A. Ellia, City Clark I, Loucriabia A. Ellia, City aerk oltbe City ol.....,_, Calando, blnby ea1ify that the above and ...... ia a tne c,apy of a BiD far 1111 OnliDaDDe, ildaGclucid. rNd in full, and paaaed CID tint nadillc • tbe 4th da:, of llarcb, 1118. 1-criabia A. Bllia -2- ~-4:' ' ' - .. I . . 0 . . ;, . ~ ·" ,_. '~~xi - • • 0 • !-1--1--1-1 ....... ~----t--+------- !---....... -----~·51 : _________ ~),; ____ , • I[ I I I i i i ! I t I I I ! I I I I I I i i i i i i i I a I I I I • • • I I I J • l I 1 -' . . •. . . I . • 0 - • Date:---- • 0 • City of Englawood Traffic Signal Study ·FLASHING OPERATIONS• Main Street Minor Street ----------------- For the location observed flashing yelow/rad is: D Recommended Dnction of Flashing Yellow __ 0 Not Recommended Dnction of Flashing Red __ CONDITION 1. Ha this intltrNCtian had • c:rlical accidlnt ,... in pr9Vioul years ttlllt ha not had • corT9Ctive safety improvement project? 0 Yes. continue normal lignal operation, llliltling yellowlr9d Not Rae a 1M1Md1d D No , proc:Nd 1D Part A Part A, VOLUME CRITERIA 1. Main street bidirectional tratllc: volume lea than 100 VPH for at least 1hfN conNCU1ive houri from 11:00 P.M . 1D 8:00 A.M . or 2. Main str'Nt bidirectional tratllc: volume lea than 200 VPH and bidir9c:tia11al side SlrNt tratllc: valume lea than 50 VPH for at INlt lhl'N c:anNCUlive houri fram 9:00 P .M. 1D 1:00 A.M. and 3. Main strNt average WNkday tralllc: volume lea ttlall 35 ,000 V'8hic:IN per day. ObNl'Y9d c:onditian Main atr'Nt Two-way volumes an : 9-10 :00 P.M. VPH 10-11 :00 P.M. VPH 11-12 :00 P.M. VPH 12-1:00 A.M . VPH 1-2:00 A.M . VPH 2-3:00 A.M . VPH 3-•:00 A.M . VPH '-5:00A.M . VPH 5-8:00A.M. VPH 6-7:00A.M. VPH 7-8:00 A.M . VPH .... Minar-- VPH VPH VPH VPH VPH VPH VPH VPH VPH VPH VPH 0 Yes, under D Part 1 O Part2 procNd to Part L 0 No. can11nue narma1 ligl,al operalian ~~ Notllai:alllllllllCled -·-· .. ' ,,. - \ I . • 0 1 32xl - City of Englewood Traffic Signal Study Part a. INTERSECTION CHARACTERISTICS CRITERIA • 0 ; . • 1. The signal was not installed under either the progressive movement or ac:cident experience warrant (based on sight distance conditions). 2. The minor street must have adequate sight distanee in excess of 10 MPH of the pol1lld speed limit of the major roadways. Oburvation 1. Original signal warrant Progrwive rnoven,ent __ Otlw -------------------------- 2. Design speed of major road ii ___ MPH Approach Right Left Does the location satisfy both Parts 81 and 82 ? 0 Yes, prac:Nd to Part C Slglltdlalance MinorStrNt Approach Right L.aft 0 No, continue normal signal operation, tlastling yellow"9d Nat lleca•-llled Part C, ACCIDENT HISTORY For before and atlar accident evaluation, a 24 monttl accident hiltDry ltlal be Nlablilhed for lie proposed period of operation. The accident paDlm lhould be monilar9d, and ltle llilloly of nighllime right angle and driving under the intluenc:e of alconol l9ialld accidents should be evaiu.d. 1. The number of right angle accidents in lie prior 24 monttla ---- 2 . The number of nighttime right angle accidents in 24 monttla 3 . The number of driving under the influence of alcohol 191atad accide11ts ---- Estimated nighttime accident rn: accidents per rnllion vehiclel enllfing iltllwtb'I during nighttime (7 :00 P.M. ID 7:00 A.M .) for previous two years . Does location have an unusual accident ratll or caUN for not pemilli11g flashing operation? 0 No, prac:Nd to Part D . 0 Yes, continue normal signal operatiol ,, flalhing yellowlr9d Not 1118caam•lded -·-·. • -....... "" - • . , • 0 • I· • 0 I - - Part D, SUMMARY • • • City of Englawood Trafllc Signal Study If the study was COl11)lellld and l9qUirwNnta cf Part A. 8 , and C .. met. the signal may be allowed ID opel'alll under tlahing yellowh9d for the deligll.-d period cf operation. For this location, flashing yellcMir9d is: 0 Not Recommend1d 0 Recolmlellded Fram ____ lD ___ _ Dnc:llancf ...... ~----- Dnc:llan cf ..... ... NotlN: • .. I . . 0 , - - • • • • City of Englewood Traffic Signal Study "FLASHING OPERATIONS• Follow Up Operational Evaluation ca. ____ _ Within the first yea' the accident lliltDfy shall be complellld quarlllrly. Flashing ~ should be changed ID ragia apmalian if the accidlnt pallilm during the period of aperlltian meda: 1. T'lvN (3) right arigle accidlllla wit*' 12 manthl of impllmenting the tlalhing mode, or 2. Mar 12 manlha. • ,.. o12.o right arig1e accidanls par maan enllring .... during 1lalhing apmlllial, If the ,.. ii beNd on 3 ID 5 abNrvecl right arigle accidllD, or 3. After 24 months. • ,_ ol 1.S right arigle accidanls par maan .-ing V9t1ic1a1 during tlahilg operation If the r.-ii beNd one or men abNMd right..-aacidalllll. Number of abwved right angle accidents during the period of aparatian: 1. --Right arlgla acciden1s in 12 manlhs. 2. 3, 4, or 5 right angle acciden1s __ astimallld number of antaring V9hiclN __ abNNedrata. 3. 6 or men right..-aacidaldl --estil,.-.d number of anllrtng V9hiclN abwvedrala. Dael the~ ,... exCNd the crilllria? 0No 0 v ... under O Part 1 0 Part 2 0 Part 3 Dael traffic: volume eXCNd the crilarill Part A ? 0No 0 v ... under O Part 1 0 Part 2 Is the flashing yellow/r9d operalian racc,nv,.,dad ID be madllad? 0 Y•. and NIUm 1D........, operallon D No. no IIIOdlkallon at t111a 1tme -···· ' ... I. • 0 t - • • • • • '· ... City of Enga.wood Traffic Signal Study t• "FLASHING OPERATIONS• "' - Date:----Main Street ---------------- Minor Street: --------------- For the location oblenled llalhing ~ ii: 0 Recommended Dnction af Flalhilg Yellow __ D Not Rec:ol,1ffl81 lded Dnction ar Flalhilg Reel __ CONDITION 1. Ha this interNction had a critical accident raa in pr9¥ioua yeas that ha not had a c:onective safety improvement project? 0 Yes, continue normal signal operation, tlalhing yelloMr9d Not RlcolNMtlded D No, proc:Nd ID Pait A Part A. VOLUME CRITERIA t91d1nclion..,lfflc volume leu ltml -VPH lide ltreet trllllic volume leest lhrN c::onNCUliva hours tam 7:00 P.M. ID 8 :00 A.M . and 3. weekday tralllc volume leu ltml 35,000 V'8llicles per day. Main street Mlnorltreet VPH VPH Doel the location meet volume 8-9:00P.M . VPH VPH crllrle A 1 or A2. andA3? ~10:00P.M . VPH VPH 0 Yes. under d,{6 D Part 1 D Part2 ........ IDPartB. D No . con1nue norma1 ... 5-8:00A.M. VPH VPH aperalian 8-7:00A.M. VPH VPH ....~ Notll1ca1-Nlad 7-8:00A.M. VPH VPH ·1'- • . _, I • • 0 '32xl - • • • • 0 I • • COUNCIL COMMUNICATION Date Agendabm Subject March 4, 1996 Bill for an ordinance 11 ai ii ~ishing a Cepital . Fund Initiated By I Frank::. Staff Source Financial Services UIKJlll"u,-... Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This action will help City staff track the progress and funding of capital projects. The Public Improvement Fund was created as part of the original City Charter on July 8, 1958. On July 10 and July 24, 1995 City Council reviewed the Five Year Capital Plan. RECOMMENDED ACTION Staff recommends Council adopt this bill for an ordinance establishing a Capital Projects Fund . BACKGROUND, ANALYSIS, AND AL TERNATNES IDEN11FIED "' - During 1995 staff developed a Five Year Cepital Plan (FYCP). As the FYCP was developed, staff realized that a separate fund would be required to track projects that do not fit the types of projects that are accounted for in the Public Improvement Fini. The Cepital Projects Fund would receive funds from other govemmental funds (e.g. General Fini). This fund will be treated as a ·sub-fund" of the Public-Improvement Fini, so its budget will be based on a "project-length" basis. Projects that span years will only need to be app1opriated in the initial budget year. The City Charter of the City of Englewood Article X. Part I, Section 96 allows Council to "transfer from time to time to the Public Improvement Fini any portion of the General Fund surplus not otherwise appropriated . Appropriations for construction of permanent improvements, from the Public Improvement Fund, shall not lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned, provided any project shall be deemed to have been abandoned if five fiscal years elapse without any expenditure from the appropriation therefor." FINANCIAL IMPACT This adion will not have a financial imped on the City of Englewood . UST OF ATTACHMENTS Copy of bill for an ordinance I . • 0 I • • - BY AUTHORITY ORDINANCE NO._ WWWiiCiL IIIU.NO.~ SERIES OF 1996 JNT&ODU" n,COUNCIL ABILLPOB Alf OmJIIIAJICS .,...._, A CAIIBI. PIIOIIICIII nna,. WHEREAS, tbe City fl.........,_.• Public lmpiuu 1Dt Fund WM aated • part of the oripaa1 City a.rt. ill 1968; md WHEREAS, claruts 1996 tbe City ltd --,.cl a Jl'ift y_. Capital Pia <FYCP> during which it -decided tbat. aepuate faad wwld be ....... to tndt ....... that do DOt flt tbe t,paa fl pniac:ta that are -w far ill tbe Plllllie lap.cs 1Dt Fund; ud WHEREAS, tbe Capital Projects Fund will receiYe faada from otbm-.,..,._ta1 funds -d will be trated • a sub-fund of the Public-Lapauu 1mmt PUlld, ao i1a lladalllt will be bued CID a project-1-,th buia; ud WHEREAS, projects that apu ,-n will aaly need t.o be apprapriat,ad ill tbe iDitial budget year; ud . WHEREAS, the Eap,u,aod City a-t.w, Article X, Part I, Seman II allon City Council t.o tnufer from time 1111 time to tbe Public lmpiuv 1Dt Fund ay partiaD fl the General Fund amplaa aat ........ apprapriatled; md WHEREAS, appropriatiau far rmlltnldim fl....--t iqauu mb, from tbe Public Impau,_t PUlld, lball aat lapae amil tbe parpw ill' wbich tbe appropriatiCID WU made llball Uft bem MC -,tialwl CII' ....., ..... , pru'fided any project aball be deemed to baft bem ...... ,....,. iftlw lacal ,-n ...-witbuat any apenditure from the apprapriatiaD thanfor, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sectior 1. 'lbe City Coanc:il m tbe City fl Bnalewood, Celanclo benby aatbariw the eatabliabment mtbe Capital Prujec:ta Fund far tbe City JIBa,lewoocl. Introduced, read in full, and puead CID tint readiDf CID tbe Cth day fl llarch, 1996 . Publiabed u a BW for -Ordinance CID the 7th day fl llarch, 1998. 'l'bomu J. Banas, Ila,- ATTEST : Loucriabia A. Ellia, City Clerk -1- . ' •. .. I . • 0 , - • • • • '· ... I, Low:ri1bia A. Ellia, City Clerk « the City « Eqlewood. Colando, benbJ mrtifJ that the above and foreguiDc is a true c:apy « a Bill b an OnliDaDce, iDtrodaced, read in full, and paaed CID ftnt nadin, CID the «b clay «Karch, 1996. Louc:riahia A. Ellis -2- . ' .. I . . 0 1 32xl - - • • ,, - 0 •, • (/; r 'I./,:._ REGULAR MEETING OF 996 1. Call to order .~;!//~ 2. lnvocation.W~ 3. Pledge of Allegianc/ .AL ~~/~t,f" 4. Roll Call. o.Lf 'l ~ 5. Minutes. llfpi'l-0•· MW,utn from tha -<>ty Council-.. o1-..... 20, 1998~ 6. Scheduled Visitors. (Pleaee limit your pntNntation to ten minutes.) AJJ: .. ~ne South, Mrs. Englewood, will be present to request Council's support -p ),l,(J.VY' nn her participation in the National Leukemia Society Marathon. 7. Non-Scheduled Visitors. (Please limit your prnentation to five minutes.I :lY 8. Communications, Proclamations, and Appointments. Pub!f:.;r:tt'!!:~n.._ a. Public~ ~get~ input on flahing traffic light criteria. 9 . ..... Mir. ",.. ...... ...._ ...... ..a.,y .......... .._..., .. Clly..... 11•ou-nnt• ............. ~ .................. n..,-. I • • 0 - • City Council Agenda March 4, 1996 Pap2 10. Consent Agenda. • 0 • ,, - •• Plwe llOlr. If ,-,hawea._..,wl .... ...._, .............. lllllfy .. CJlr_,f.. -~DMII ................ __ .,.._ ____ .......... .... ... ... I . • 0 • • • • City Council Apllda March 4, 1"6 ... 3 b. Recommendation from the Department of Financial Services to adopt a bill for an ordinance establishing a Capital Pro;ecta Fund to track the ........... , .... ; .... --. ~· Gryglewlcz, Director of FlnMciall ...-.... App» Second Reading. 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. The following minutes were transmitted to Council from 02/18/98-02/28/98: • Englewood Liquor Licensing Authority Telephone Poll of February 7, 1888. • Englewood Board of Adjustment and Appeals meeting of January 10, 1888. • Englewood Public Library Board meeting of January 8, 1888 • ..._ .... lf,-lllllllla6111111ywl .... ~.W.•---. ... aallfr .. Cllrel7 I' ,aa•ou-nnt• ...................................... ,... .. I. • 0 , ')( I • • " - 0 I • - -. • . . ~u.,~.3/,;/rr, ; , &» rmdbv 1 -3Z r ~:-~~ 3,. ~~ ~ -~~/'/{)f t/-.. !3ll WI;: ~- ~v ~ ·1.,/v ~l/ . v ~/ --'~ :). ~ U,J-h)r, ~ lff'_'l-V ll_ttntm/t ~ . -• • I • . ' I . . 0 ] • • ,. • - . - • 0 : • • " - ~---- . . I· • 0 ' • • • • 0 I • - @-c~- -~~ --- = ~-~~~"~-~ --~~~~thf . -•••• ---- ' . . . I . . 0 • - 0 • - ,., • I • . i I • • .. I 0 , • • - - • • • March 18, 1996 REGULAR CITY COUNCIL MEETING • . , • . .. I . . 0 1 32 x l