HomeMy WebLinkAbout1995-07-03 (Regular) Meeting Agenda•
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REGULAR CITY COUNCIL
MEETING -JULY 3, 1995
ORDINANCE •/."r/. y.33, 34, 35, 36, 37
RESOLUTI°##i <t: :,/.,/
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Rqular Salloa
July 3, 1995
I . Call to Order
The regular meeting of the Englewood City Council was called to order by Mayor Bums at 7 :33 p.m.
2. lavocatioa
The invocation was given by Council Member Habenicht.
3. Pled&e or Allegiance
The Pledge of Allegiance was led by Mayor Burns .
4 . Roll Call
Present: Council Members Hathaway , Waldman, Habenicht, Vormittag,
Waggoner, Bums
Absent : Council Member Wiggins
A quorum was present.
Also present : City Manager Clart
5. Ml•ta
Assistant City Attorney Reid
Assistant to the City Manager Grace
City Clerk Ellis
Community Relations Olllcer Peterson
Dircclor Esterly, Public Works
Fire Adminillnltion Division Chief Lockwood
Dinx:tor Stanley. Safety Servicies
Planning Administrator Stin
(a) COUNCIL MEMBER HATHAWAY MOVED. AND IT WAS SECONDED, TO
APPROVE THE MINUTES OF THE REGULAR Ml.I.TING OF JUNE 19, 1995.
Ayes : Council Members Hathaway, Vormittag, Habenicht, Waggoner,
Waldman, Burns
Nays : None
Absent : Council Member Wiggins
Motion carried .
6 . Sclleduled Vlaiton
(a) Mayor Bums stated that IIC\'Cflll Community Volunlcen wen: to be recognized for their
commitment to the a,mmunity and their participation in special commuaity clean-up projctU . He affcRld
thanks to the volunteers. on behalf of Council. and stated that Yolunleen aR eaeotial to a community like
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Englewood. Mayor Bums, with the assistance of Nancy Peterson, Community Relations Officer,
presented certificates of appreciation to the following :
Craig O'Brien, of Ace Cash Express
Burt Chevrolet representative, A. J. Guanella
Tim Walker, Englewood resident
Kenny Electric representative Tim Walker
Lisa and Ric Congelton and family, Englewood residents
Al Stanley, Safety Services Director
Joyce Parsons. Code Enforcement Officer
Mike Major, of Home Base Improvement
Englewood Kiwanis Club representative Al Stanley
Bob Naudack. Englewood resident
Greg Caner, owner or Broadway's Billards
Velda Gates, Englewood resident
Waste Management representative, Dean Vanderbaan
Home Base represcnlalivc, Mike Major
The following were ROI present, their certificates will be mailed:
Domino's PiZ7Jl. Juon Warden
Karma Yorker. Englewood resident
Neal and Julie Smith. or the Shirley Company
Anne Anderson, Englewood resident
Katherine Fischbach. Englewood resident
!Clerk's note : Jason Warden. representing Domino's PiZ7Jl. entered the meeting during the reception and
received his certificate. I
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COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO BRING
FORWARD AGENDA ITEMS t (a) THROUGH (o).
Ayes : Council Members Hathaway, Vorrnittag, Habenicht, Waggoner,
Waldman, Bums
Nays : None
Absent : Council Member Wiggins
Motion carried.
9. (a) COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO
ACCEPT WITH DEEP REGRET DON STYES' LETTER OF RESIGNATION FROM THE
LIQUOR LICENSING AUTHORITY.
Council Member Hathaway recognized Mr . Stycs lengthy service 10 the community as Chairman or the
Liquor, Licensing Authority .
Ayes :
Nays :
Absent :
Motion carried .
Council Members Hathaway. Vorrnittag, Habenicht. Waggoner,
Waldman, Bums
None
Council Member Wiggins
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En&lewood City Council
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Mayor Bums rccogni:zcd Mr. stycs' service to the community, Slating Council pn:scntcd him with a letter
and a plaque m:cntly. He understood Mr. Styes is not in good health and, on behalf of Council, he wished
him the best.
(b) COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO
ACCEPT WITH REGRET PATRICIA HOWE'S LETTER or RESIGNATION PROM mE
ENGLEWOOD CLEAN, GREEN, AND PROUD COMMISSION.
Ayes : Council Members Hathaway. Vormittag. Habenicht, Waggoner,
Waldman, Burns
Nays : None
Absent: Council Member Wiggins
Motion carried.
Mayor Bums offered appreciation, on behalf of Council, for Patricia Howe's service to the community.
(c) COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO
ACCEPT WITH REGRET CURTIS SUCH'S LETTER or RESIGNATION PROM THE
ENGLEWOOD LIQUOR LICENSING AUTHORITY.
Ayes: Council Members Hathaway, Vonnittag, Habenicht, Waggoner,
Waldman, Bums
Nays: None
Absent: Council Member Wiggins
Motion carried.
Mayor Bums offered appreciation, on behalf of Council, for Curtis Such' s service to the community.
(d) A resolution appointing Doug Arnold to the Englewood Clean, Green and Proud
Commission for the City of Englewood was oonsidcrcd.
The raolution was assigned a number and read by title:
RESOLUTION NO. 44, SERIES OF 1995
A RESOLUTION APPOINTING DOUG ARNOLD TO 1llE CLEAN, GREEN AND PROUD
COMMISSION FOR 1llE CITY OF ENGLEWOOD, COLORADO.
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 9 (d) -RESOLUTION NO. "· SERIES or lffl.
Ayes : Council Members Hathaway, Vorminag, Habenicht, Waggoner,
Waldman, Burns
Nays : None
Absent : Council Member Wiggins
Motion carried.
Mayor Bums presented a c:ertiflClltc and City pin to Doug Arnold.
(e) A raolution appointing Joye Lynn Barnes to the Englewood Liquor Licensing Authority
for the City of Englewood was considcrcd.
The raolution was assigned a number and read by title :
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Englewood City Council
July J, 1995
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RESOLUTION NO. 4S, SERIES OF I 99S
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A RESOLUTION APPOINTING JOYE LYNN BARNES TO 1llE LIQUOR LICENSING AtmfORITY
FOR 1llE CITY OF ENGLEWOOD, COLORADO.
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 9 (e) -RESOLUTION NO. 45, SERIES OF 199S.
Ayes : Council Members Hathaway, Vormittag. Habenicht, Waggoner,
Waldman. Bums
Nays: None
Absent : Council Member Wiggins
Motion carried.
(f) A resolution reappointing Gordon Close to the Englewood Downtown Development
Authority was considered.
1bc resolution was assigned a number and read by title :
RESOLUTION NO. 46, SERIES OF 199S
A RESOLUTION REAPPOINTING GORDON CLOSE TO ENGLEWOOD DOWNTOWN
DEVELOPMENT AtmfORITY.
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 9 (f) -RESOLUTION NO. 46, SERIES OF 1995.
Ayes : Council Members Hathaway, Vonnittag. Habenicht, Waggoner,
Waldman. Burns
Nays : None
Absent : Council Member Wiggins
Motion carried.
Mayor Burns presented a cenificate and City pin to Gordon Close.
(g) A resolution reappointing Steve Collins to the Englewood Downtown Development
Authority was considered .
1bc resolution was assigned a number and read by title :
RESOLUTION NO. 47, SERIES OF 199S
A RESOLUTION REAPPOINTING STEVE COLLINS TO ENGLEWOOD DOWNTOWN
DEVELOPMENT AtmfORITY.
COUNCIL MEMBER HA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 9 (&) -RESOLUTION NO. 47, SERIES OF 1"5.
Motion carried.
Ayes: Council Members Hathaway, Vonnittag, Habenicht, Waggoner,
Waldman. Burns
Nays : None
Absent : Council Member Wiggins
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(h) A resolution reappointing Barbara Foul 10 the Liquor Licensing Aulhority for the City of
Englewood was considered.
The resolution was assigned a number and read by title :
RESOLUTION NO . 48, SERIES OF 1995
A RESOLUTION REAPPOINTING BARBARA FOlIT TO 11IB LIQUOR LICENSING AUTHORITY
FOR 11IB CITY OF ENGLEWOOD, COLORADO .
COUNCIL MEMBER BA THAW A Y MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 9 (II)· RESOLUTION NO. 41, SERIES OF 1995.
Ayes : Council Members Halhaway, Vorminag, Habenicht, Waggoner,
Waldman. Bums
Nays : None
Absent Council Member Wiggins
Motion carried.
(i) A resolution appointing Slan Lange to the Clean, Green and Proud Commission for the
City of Englewood was considered .
The resolution was assigned a number and n:ad by title :
RESOLUTION NO . 49 , SERIES OF 1995
A RESOLUTION APPOINTING STAN LANGE TO 11IB CLEAN, GREEN AND PROUD
COMMISSION FOR 11IB CITY OF ENGLEWOOD, COLORADO .
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 9 (I) • RESOLUTION NO. 49, SERIES OF 1995.
Ayes : Council Members Halhaway. Vonninag, Habenicht, Waggoner,
Waldman, Bums
Nays : None
Absent Council Member Wiggins
Motion carried .
Mayor Bums prcscnled a certifacalc and City pin to S&an Lan9C.
(i) A resolution appointing Daniel McKay as• Youth Member oCthe Parks and Recreation
Commission for the City of Englewood was considered .
The resolution was assigned a number and n:ady by tillc :
RESOLUTION NO. 50 , SERIES OF 1995
A RESOLlITION APPOINTING DANIEL MCKAY AS A YOU11i MEMBER OF 11IB PARKS AND
RECREATION COMMISSION FOR 11IB CITY OF ENGLEWOOD , COLORADO .
COUNCIL MEMaER BA TBA.WAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 9 (j) • RESOLUTION NO. 51, SERIES OF 1995.
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Ayes : Council Mcmbc:B Hathaway, Vormittag. Habenicht, Waggoner,
Waldman, Bums
Nays : None
Absent : Council Member Wiggins
Motion carried.
(k) A R&Olution appointing Gladys Rerncs to the Malley Center Trust Fund Board for the
City of Englcwoocl was considered.
The resolution was assigned a number and read by title :
RESOUITION NO . 51, SERIES OF 1995
A RESOLUTION APPOINTING GLADYS REMES TO THE MALLEY CENTER TRUST FUND
BOARD FOR THE CITY OF ENGLEWOOD, COLORADO.
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 9 (k) -RESOLUTION NO. 51, SERIES OF 1995.
Motion carried.
Ayes : Council Members Hathaway, Vormittag. Habenicht, Waggoner,
Waldman. Bums
Nays : None
Absent: Council Member Wiggins
Mayor Bums presented a certificate and City pin to Gladys Remcs . He stated that Ms . Remcs has been a
volunteer at the Malley Center almost since the day it opened and she has been a great asset.
(I)
considered .
A resolution reappointing Orris Saunders to the Malley Center Trust Fund Board was
The resolution was assigned a number and read by title:
RESOLUTION NO . 52, SERIES OF 1995
A RESOLUTION REAPPOINTING ORRIS SAUNDERS TO MALLEY CENTER TRUST FUND
BOARD.
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 9 (I) -RESOLUTION NO. 52, SERIES OF lffl.
Ayes : Council Members Hathaway, Vorminag, Habenicht, Waggoner,
Waldman, Bums
Nays: None
Absent : Council Member Wiggins
Motion carried .
Mayor Bums presented a certificate and City pin to Orris Saunders.
(m) A R&Olution appointing Marjorie Schwindt to the Malley CCIIIU TNII Fund Baud for
the City ol Englcwoocl was considered .
The R&Olution was assigned I number and read by tille :
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Englewood City Council
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RESOLUTION NO . 53, SERIES OF 1995
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A RESOLlTflON APPOINTING MARJORIE SCHWINDT TO THE MALLEY CENTER TRUST FUND
BOARD FOR THE CITY OF ENGLEWOOD, COLORADO.
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 9 (m) -RESOLUTION NO. 53, SERIES OF lffl.
Ayes : Council Members Hathaway, Vonnittag. Habenicht, Waggoner,
Waldman. Burns
Nays : None
Absent: Council Member Wiggins
Motion carried.
(n) A resolution appointing David Warner lo the Liquor Licensing Authority for the City of
Englewood was oonsidcred .
TIie resolution was assigned a number and read by title :
RESOLUTION NO. 54, SERIES OF 1995
A RESOLlTflON APPOINTING DAVID WARNER TO THE LIQUOR LICENSING AU1110RITY FOR
THE CITY OF ENGLEWOOD, COLORADO.
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 9 (n) -RESOLUTION NO. 54, SERIES or 1995.
Motion carried.
Ayes : Council Members Hathaway, Vormiltag, Habenicht, Waggoner,
Waldman. Burns
Nays : None
Absent: Council Member Wiggins
(o) A resolution appointing Sabrina Williams as Youth Liaison lo the Public Library Board
for the City of Englewood was a,nsidcred .
The resolution was assigned a number and read by title :
RESOLUTION NO. SS, SERIES OF 1995
A RESOLlTflON APPOINTING SABRINA WILLIAMS AS YOU111 LIAISON TO THE PUBLIC
LIBRARY BOARD FOR THE CITY OF ENGLEWOOD, COLORADO .
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 9 (o) -RESOLUTION NO. 55, SERIES or lffl.
Motion carried.
Ayes : Council Members Hathaway, Vonninag, Habenicht, Waggoner,
Waldman, Burns
Nays : None
Absent: Council Member Wiggins
Mayor Bums presented a ccrtificale and City pin 10 Sabrina Williams .
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After making the presenlations, Mayor Bums offered, on behalf of Council, thanks and appreciation to the
board and commission appointees.
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Mayor Bums pRSCDted a special certificate of appreciation to Director Al Stanley rca,gnizing his
dedication to the community.
7 . Brief Reccptioll for Voluatccr ltKopidN
Mayor Bums recessed the meeting at 7 :SS p.m. for a brief RICICplion honoring the volunteers.
Mayor Bums rca,nvencd the meeting at 1:20 p.m. with six members present and one member absent,
Council Member Wiggins. A quorum was present.
8. Non-11:heduled Vltiton
(a) Mr. Norwood McFarland. 2290 South Vallejo Street, lllatcd he has a complaint against
the paramedics and the Police Department. He complained about the way he was tJcated by the
paramedics who were summoned when he suffered an epileptic seizure. Also, Mr. McFarland related that
he came down to City Hall the next day, June 20, 199S, to try to talk to someone and he was not allowed
to talk to anyone and the police were called to evict him from the building. He submitted a letter to Mayor
Burns which he indicated was his attempt to have his concerns heard.
Mayor Bums accepted his letter.
Agenda Items 9 (a) throogh (o) were brought forward . See pages 2 throogh 8.
IO . hbllc Heari•&
No public hearing was scheduled before Council.
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 11 (a) (I) ....... (Ill) ON nRST READING.
(a) Approve on First Reading
(i) CONTRACT WITH NEW DESIGN CONSTRUCTION COMPANY IN 1HE
AMOUNT OF SJS.400 .00 FOR 1HE REPAIR AND UPGRADE TO 1HE LOGAN STREET BRIDGE
AND APPROACH RAIL SYSTEMS .
(ii) COUNCIL BILL NO . 36, INTRODUCED BY COUNCIL MEMBER
HATHAWAY
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A BILL FOR AN ORDINANCE AMENDING Tl11.E 16, CHAPTER 4, SECTION 16, SUBSECTION
16C OF 111E ENGLEWOOD MUNICIPAL CODE PERTAINING TO 11IE FLOOD PLAIN
ORDINANCE .
(iii) COUNCIL BILL NO . 30, INTRODUCED BY COUNCIL MEMBER
HAIBAWAY
A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN 111E ARAPAHOE <X>UNTY BOARD OF COMMISSIONERS BY AND IBROUGH 111E
ARAPAHOE COUNTY CLERK AND RECORDER AND 11IE CITY OF ENGLEWOOD TO
CONDUCT A COORDINATED ELECTION ON NOVEMBER 7, 1995 .
Ayes :
Nays:
Absent :
Motion earned.
Council Members Hathaway, Vonnittag, Habenicht, Waggoner,
Waldman, Burns
None
Council Member Wiggins
COUNCO.. MEMBER RATHAWA Y MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 11 (II) (I) THROUGH (iv) ON SECOND READING.
(b) Approve OIi Second Reading
(i) ORDINANCE NO. 29, SERIES OF 1995 (COUNCIL BILL NO. 31),
INTRODUCED BY COUNCIL MEMBER HATHAWAY
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN 111E
CITY OF ENGLEWOOD . COLORADO AND 11IE CITY OF LITJ'LETON. COLORADO W111i
RESPECT TO 11IE FINANCING OF MEDIAN LIGHTING ENHANCEMENTS ALONG 111E SOlTrn
SANT A FE CORRIOOR .
(ii) ORDINANCE NO . 30, SERIES OF 1995 (COUNCIL BILL NO . 32),
INTRODUCED BY COUNCIL MEMBER HATHAWAY
AN ORDINANCE AlTmORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN 111E
STATE OF COLORAOO DEPAR1MENTOF TRANSPORTATION AND 111E CITY OF
ENGLEWOOD , COLORAOO PERTAINING TO 11IE SANT A FE CORRIOOR ENHANCEMENTS
CONTRACT .
(iii) ORDINANCE NO. 31, SERIES OF 1995 (COUNCIL BILL NO . 33).
INTRODUCED BY COUNCIL MEMBER HATHAWAY
AN ORDINANCE AMENDING Tl11.E 7, CHAPTER 68, SECTION 6, OF 11IE ENGLEWOOD
MUNICIPAL CODE 1985 REGARDING OBSTRUCTING HJGHWA VS AND PUBLIC PASSAGES .
(iv) ORDINANCE NO . 32, SERIES OF 1995 (COUNCIL BILL NO. 34),
INTRODUCED BY COUNCIL MEMBER HATHAWAY
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AN ORDINANCE AUllfORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE
UNrIBD STATES DEPARTMENT OF THE INTERIOR GEOLOGICAL SURVEY AND THE CITY OF
ENGLEWOOD, COLORADO ENTITLED "DEPARTMENT OF THE INTERIOR GEOLOGICAL
SURVEY JOINT FUNDING AGREEMENT FOR WATER RESOURCES INVESTIGATIONS ."
Vote raults:
Ayes:
Nays :
Absent:
Motion carried.
Council Members Hathaway, Vonnittag, Habenicht, Waggoner,
Waldman, Burns
None
Council Member Wiggins
12. Onllaanca, Raolutioa1 ud Madoa1
(a) Approve on First Reading
(i) Director Esterly and Fire Administration Division Chief Lockwood presented a
recommendation from the Depanments of Public Works and Safety Services to approve. by motion, a
conslruction contract in the amount ofS98.973 .00 to J.C . Brooks&. Company for the remodeling and
expansion of the Tejon Fire Station . Mr. Esterly stated funds for this project were budgeted in the amount
of $90.000.00 in the 1995 Public Improvement Fund (PIF). 1be project cost summary, including to date
expenses. is $133,453.00 and adequate funds are available in the PIF fund balance.
Council Member Hathaway questioned whether the fact that the City must contribute an additional
$8,973 .00 from the PIF for this project will restrict anything dsc the City might want to do out of the
Fund . Director Esterly stated it will not and staff does not anticipate an additional appropriation for this
project.
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE A
CONSTRUCTION CONTRACT IN THE AMOUNT OF 591,973.00 TO J.C. BROOKS"
COMPANY FOR THE REMODELING AND EXPANSION OF THE TEJON FIRE STATION.
In response to Council Member Vorrnittag. Director Esterly stated this is approximately a four month
project once the conuact is awarded and signed.
Council Member Hathaway questioned why it took so long for Council to rcteivc this request as
ad\'Cniscmcnt for proposals began on April 19. 1995 . Director Esterly stated staff was looking into other
options and determining whether they wanted to recommend proceeding with this project .
Council Member Waldman asked if the City is required to do this project so that male and female
firefighters have separate facilities. Director Esterly stated the City has an agreement with the
firefighters, which was pan of negotiations. to provide lhcac facilities .
Council Member Habenicht stated that this has always been a dift"ICU.lt project for her and she has never
felt cornfonable Alpponing it. As budget discussions have indi<:ated that this project is pan of an
employee agreement she indicated she will AlppOn the project . However. Ms . Habenicht stated she feels
there are other things that are far more imponant to spend money on and get done in the community. She
noted she strongly believes in equal opportunity and women's rights. but she does not bclicw it really
extends to $98.000.00 worth of improvements.
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In response to Council Member Vormittag, Division Chief Lockwood stated there are currently two
females employed in the Fire Division and on any given day one or both may be working at the Tejon
Station.
In response to Council's questions, Mr. Lockwood explained that lack of separate bathroom and shower
facilities bring into play discrimination types of issues as well as issues of privacy and convcnicncc. He
stated this issue has been under discussion since approximately 1985 or 1986. Division Chief Lockwood
noted that staff has felt that. at some point. the City will be forced by the courts to comply with providing
coed facilities. He indicated that the firefighters have been reasonable, patient and willing to wort with
the City as they understand money has been tight.
Council Member Vormittag questioned whether the firefighters would rather have the c:onllJUction wort
done or the equipment they have been asking for . Division Chief Lockwood staled that. with due respcc1
to the question, be did not fccl it is reasonable to pose that question. He pointed out that for a number ol
yca,s they have been trying to do an upgrade lo the Self Contained Breathing Apparatus (SCBA), which
has been traded off' a couple of times in lieu of the remodel and there is somewhat of a crisis situation with
firefighters' apparatus.
Safety Scrviccs Director Stanlcy advised Council thal as far back as 1989 the female firefighters, through
their attorney. notified the City that they were going to file a suit. This is not just a situation ol whether
they want equipment or not . Mr. Stanley explained they fccl that working in the Tejon station is
discriminatory towards them. The City negotiated an agreement with the firefighters which indicated the
City would complete the consuuction on the Tcjon Station and provide both male and female facilities two
years ago. Two years ago, as the City was experiencing an economic crisis, the firefighters agreed to allow
the City to forestall the project for an additional time period . Director Stanley pointed out that this is not
just a women's issue, but a male/female issue in the Fire Division and they are very concerned about this.
He noted that money has been put aside for this project three different times.
Council Member Hathaway asked if there was not also some concern thal the City may be restricting the
females from being trained adequately in the area of haz.ardous materials as the Tcjon Station tends to
have an emphasis on hazardous materials based on its location . Director Stanlcy concurred.
Dinx:tor Stanlcy reiterated thal this is not just a female issue as there are male firefigblers thal are also
oft'cndcd by the situation . He felt the firefighters have been very patient with the City.
Council Member Vormittag Slated be just wanted to make sure this is wbal the firefigblers ,nm and be
poinlcd out that this is the finl time be bas beard about the issue .
Division Chic( Lockwood reitcnlled that in the pm there has been a lol of give and take based on the
City . s financial situation .
Council Member Habenicht Slated the clilCussion has been cnlighlcaina. Ms. Habenicht commented thal
sbc apprecialed Council Member Vormittag's qUCllion. and the rapouc thal -made, u it became very
clc:ar to her thal it is important to be supportive of the WOl'kplace for the cmployccs, as well as looking
towards what needs to be done for the City . She Slated the discussion helped pul the iuuc in pcnpectivc
for her and in good conscience she can now vote for the project.
Council Member Vorrnittag agreed that the iuuc has been cluifled and be fccls the money will be well
1pc111 u ii will benefit all ol the firefighters .
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Mayor Bums noted that he is new to the issue also . He feels if the Tejon Station is to be used the City
should provide the appropriate accommodations.
Vote rault1:
Ayes :
Nays :
Absent:
Motion carried.
Council Members Hathaway, Vorrnittag. Habenicht, Waggoner,
Waldman. Bums
None
Council Member Wiggins
(ii) Planning Administrator Stitt presented a rccommcndation from the Englewood
Planning and Zoning Commission to adopt a resolution approving the South Dcn\'cr Mcdica1 Plaza
Planned Developmcnl . He llaled that the proposal is to develop an approximately 43,000 lqUIR foot,
two-story, medical off"aa: building on the northwest a,mcr of Lina,ln and Floyd. Because of the liiu of
the property. 1.4 acres, a planned devclopmcnt is required . This is a fairly typical medical off"aa: building,
there is nothing exuaordinary about it in terms of the siting or its amenities. He pointed out that the
proposed landscaping is alJo\'C and beyond Englewood Code requin:rncnts. The Planning Commission
found in their review of the proposal thal two issues nccdcd n:solution bcfon: they presented it to City
Council for ainsideration. Both issues of concern wen: n:solved as the applicant secured an agra:meot
with the Archdiocese of Dcn\'cr for an additional 2S parking spaces and. as required by the Utilities
Department, they resolved the issue of pro1cction of the City Ditch as it crosses the subject site by cnlCring
into a license agrccmcnt. Mr. Stitt staled that, as both issues wen: n:solved and the development does not
pose any cxtraonlinary issues to the a,mmunity, staff is n:commendi ng that a public hearing bcfon:
Council be foregone .
Council Member Vormittag asked what the traffic situation is going to be at Floyd and Broadway if the
building is a,nstructed. Mr. Stitt advised that the site has been vacant for quite a fc:w years and so traffic
will increase but the traffic will be moderated throughout the day , a significant portion of the traffic will
probably usc Eastman and then: is adequate parking. Discussion ensued.
In response to Council Member Vorrnittag. Mr. Stitt explained that the proposed building will be similar
to the medical off"aa: buildings affiliated with Swedish Medical Center or the Kaiser Permanente Office in
the 2900 block of South Broadway . Discussion ensued.
Council Member Waggoner asked if it is the thinking becwccn the Church and the medical pwa that
those parking lots will not be used II the same time. Mr. Stitt staled that generally thll is the case . The
agm:mcnt with the Archdiocese inwlvcs the OYaf1ow parking lot and includes a stipulation thal they
would have the right to ask the medical pwa to n:locate some of their cars in the event therc -a
funeral or some other church activity during the day . Likewise therc is a ra:iprocal agn:cmcnt included
that allows the church to usc the medical center parking during non-business hours.
Mayor Burns asked why staff does not feel Council needs to hold a public hearing. Planning
Administrator Stitt stated that this development has posed no exuaordinary problems to the City in terms
of the n:vic:w . He pointed out that the a,nditions that wen: imposed by the Planning Commission would
have been imposed by staff had then: not been a public hearing or a required planned dc:\oclopment. The
planned development provides for some flexibility in the siting of struc:tun:s and the potential for
reduction in parking if a study can show that is necessary . But this development followed the Zoning
guidelines to the letter. In light of that staff feels then: is nothing to be gained by the community by
holding a public hearing bcfon: Council .
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Ellclewood City Coaacil
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Council Member Habenicht asked what mitigation, if any, there is in terms of this being adjacent to some
single residential property to the north of the proposed development, even though it is not within the zone.
Mr. Stin Slated that property owner came to the Planning Commission Public Hearing and expressed
conocm about the fcncc . He advised there will be some landscaping on that site. Mr. Stin stated the
propcrfY is zoned aimmercial so in a sense the residential properties can be considered nonconforming
uses, however that docs not change the fact that there may be some impacts from traffic. He advised that
the medical office developers have treated the situation rather sensitively in terms of how the parting is
laid out . The impacts that might be expc:cted from traffic probably would come about during the evening
hours from headlights, etc. It is more than likely the medical office will be closed during the evening so
this will not pose a threat.
In response to Council Member Habenicht, Mr. Stitt advised that the landscaping, and specifically
landscaping on the north side of this development, is part of the Planned Devdopmcnt. He pointed out
that the landscaping is required whether a planned development process was required or not.
Council Member Vonnittag asked if parking problems arc anticipated involving the Conoco station and
Channel Six Reruns. Mr. Stitt felt that most of the patients and staff of the medical building will be using
the designated parking lots. He noted that part of the parking lot on the comer of Broadway and Floyd is
a public parting lot and pan is leased to B &. B Conoco. He stated he did not believe there will be any
conflicts. Mr. Stitt explained that a similar issue came up before the Planning Commission in reference to
the Gothic and the developers indicated that if parking became a problem they would provide some
security to keep the lots closed after hours.
Council Member Hathaway stated that she has some reservations about not having a public hearing even
though a lot of people testified. She questioned whether the whole neighborhood realized the impact or
the size of the proposed development. She stated she feels that Council should hold a public hearing as
there may still be some further public comment that the developer may not be sensitive to and that Council
may not have heard about. Ms. Hathaway felt it is important to afford one more opportunity for comment.
She acknowledged that the residents in thal neighborhood arc a nonconforming use, however she pointed
oul they have been there a lot longer than this building has.
Council Member Vonnittag asked if they do not want to have a public hearing because there is a major
problem time-wise on this development. Planning Administrator Stitt stated he docs not have an answer
for that. He stated the proposal was submined lo the City with a verY tight time-frame, however he did
not know if a public hearing would affect that schedule.
Mayor Burns stated the developer has to be aware of the City's normal planned dcvelopmcnl procedures.
Mr. Still confirmed that they understand.
Council Member Hathaway noted that staff has indicated thal there is not going to be that much of a
traffic impact. She commented that. as she undcrslands it, most of the traffic that goes into Swedish
comes down Logan as opposed to Broadway. Ms . Hathaway stated that if they access this particular
propcrfY from coming down Logan either way and coming down Eastman, or even Floyd, it is going to
have an impact on those residences even if they arc nonconforming uses in that particular block. She
stated she docs not think Council can just put that aside and not get comments from those residents. Ms .
Hathaway advised that she is not convinced that she has received those comments yet or that the traffic
impact has been fully addressed .
Council Member Waldman pointed out his concern that the information in the Council packet indicates
that the City Ditch is somewhat fragile where they will be paving over it and that there is the possibility of
some damage. He stated information indicates it will be up to staff to specify what the recourse will be,
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Ea&lewood City Council
July 3, 1995
Page 14
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which includes possibly repaving the entire ditch. Mr . Waldman asked if there have been any Sludies to
see what kind of loading that will take.
Planning Administrator Stitt stated there have been Sludies and in fact the license ag,eement was entered
into to provide for the type of protection for the ditch. The developers engineers have looked at it,
conferred with the Utility Department staff and designed a "cap" to be poured over the ditch which will
support the loads that the pa,\ing lot will be subjected to and protect the ditch.
In response to Council Member Hathaway, Mr. Stitt advised that it is a public improvement in a sense in
that the ditch will be protected. He stated that the ditch is underground already in that location and the
a,nccm was that the pipe that the ditch is composed of might not support the types of loads that it might
be subjected to and he reiterated that a Kcap" was designed to go over it which is at the developers
expense.
Mayor Bums asked if there were any further questions.
Council Member Hathaway questioned Assistant City Attorney Reid regarding the correct procedure for
setting a public hearing in this matter.
Council Member Habenicht commented that she feels the City should look at some of the areas in the
community that are nonconforming uses and see if a massive change in zoning is required in order to
accommodate some of those things to bring our City in line with what we really are and where we really
want to be. She Slated the City needs good buffers and good compatibility between our commercial and
residential areas and she feels this is something that the City needs to look at in the future.
Council Member Hathaway commented she would like to see something done to the Housing section of
the Comprehensive Plan as it has been out of date for quite awhile.
After discussion relative to procedure :
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO TABLE AGENDA
ITEM 12 (a) (ii)· A RESOLUTION APPROVING THE SOUTH DENVER MEDICAL PLAZA
PLANNED DEVELOPMENT.
Ayes:
Nays:
Absent :
Motion carried.
Council Members Hathaway, Vormittag, Habenicht, Waggoner,
Bums
Council Member Waldman
Council Member Wiggins
Mayor Bums asked if approval of a planned lbdopmcnl is a change of zoning. Council Member
Hathaway answered that it is not as this is an approved use in this particular zone already.
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO SET A PUBLIC
HEARING FOR AUGUST 7, 1995 AT 7:30 P.M., AS PART OF THE REGULAR COUNCIL
MEETING, TO CONSIDER THE PLANNED DEVELOPMENT FOR THE SOUTH DENVER
MEDICAL PLAZA FILED BY 3299 S. LINCOLN STREET PARTNERSHIP.
Motion carried.
Ayes: Council Members Hathaway, Vormittag, Habenicht. Waggoner,
Waldman, Bums
Nays: None
Absent : Council Member Wigins
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Eapood City C•acil
July 3, 1995
Pat,e 15
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(iii) Din:IClor Eslcrty pn:scllled. recommendation from the Deputmcnt ofl'llblic
Worts IO adopt a bill fol' an ordinaDClC authorizing an agn,emc:nt with the Stale Board of die Great
Outdoors c.olorado Trust Fund to CXIIISlruCI the Arapahoe Greenway Trails Conncc:tion . He llalcld Iha& the
Parks ICCtion has applied for a Slate Trails Great Outdoors Colorado Trust Fund Grant IO build a
bic:ycldpedcstrian trail Iha& connects the Arapahoe Greenway IO the Centennial Part loop trail, which is
also scbcdulcd for COIISIIUClion this year. The grant would award the City SI0,000 which is SO% of the
ncccssary funding to aooomplisb the project. The trail connection will be constructed using a,ocme and
is pan of the master plan for Centennial Part. Mr. Esterly advilcd Iha& funds WCR not budgeted in 199S
for this pn,jecl. however adequate funding exists in the Cooservalioo Trust Fund. He stated Iha& stafl'
rcquclll Iha& $10,000 be authorized from the Comcrvalion Trust Fund 10 match the grant funds raicived
from the Great Outdoors Colorado.
In rapome to Council Member Hathaway, Direaor Esterly QOllfirmed Iha& it is a condition of Great
Outdoors Colorado Grants that the entity provide matching funds . He explained that the match can be
wrious items and there are minimums. however, there are no maximums to the match and the higher the
match the mon: competitive the grants are .
Director Esterly stated staff will be requesting the actual appropriation of the money at a later lime . He
noted that 10111C of the match is to buy trees and -.e of the match is for wlunteer labor hours used to
plant the trees. Mr. Esterly noted that then: is also the possibility that the City might be able to do 10111C
of the work with in-kind services using some of our own forces. however we cannot do the concn:te wort .
DillCUSSion ensued regarding the Great Outdoors Colorado Grant Programs.
In response to Council Member Waggoner, Direaor Esterly explained that the trail is 300 feet long in the
northeast quadrant of Centennial Part connecting IO the Plane River .
The City Clert was asked IO read Council Bill No . 37 by title :
COUNCIL Bill. NO. 37, INTROOUCED BY COUNCIL MEMBER WAGGONER
A BILL FOR AN ORDINANCE AUTHORIZINO AN INTERGOVERNMENTAL AGREEMENI'
BETWEEN 1lfE CITY OF ENGLEWOOD, COLORADO AND 11fE STATE BOARD OF 1lfE GREAT
OUTDOORS COLORADO TRUST FUND ENTITLED~ 1995 GREAT OUTDOORS COLORAOO
GRANT AGREEMENI'."
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 12 (a) (Ill) • COUNCIL BIU. NO. 37.
Motion carried.
Ayes : Council Mclllben Hatbany, Vormiuag, Habenicht. Waggoner,
W~Burm
Nays : None
Abaenl : Council Member Wiggins
(b) Approve on Second Reading
There were no additional items submined for approval on ICCOnd reading. (See Aaenda Item 11 • e-.it
Agenda .)
13 . Gaeral DilalllNNI
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E.a&lewood City Council
July 3, lffl
Pace 16
(a) Mayor's Choice
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I . Mayor Bums advised that he attended the lasl two days of the Colorado Municipal League
Confcrcna: in Grand Junction, that be felt it was well worth it and apprccialcd Council's sending him.
He noted that be will prq,arc a report of the trip for Council and that be had primarily attended the City
Attorney's ICCtion which covered a variety of subjects.
2 . Mayor Bums commented that the funding for the light rail extension is not in the Coogrc&S
budget bill. However, pursuant to the Highway Safety Act we have another chance to get this funded . He
dilCUSSed the dforts that have been made and arc going to be made regarding the light rail issue .
Mayor Bums advised that be and several people including Mayor Webb, the RID Board Chairman and
Littleton Mayor Dennis Reynolds have been asked to go to Washington, D.C. on July 13, 1995 to meet
principally with our senators to try to get them on board with the light rail issue . He discussed the
imponancc of getting the senators behind the issue . He stated he will report back to Council next wcdt as
he has asked for confirmation that they will be able to meet the senators.
Council Member Hathaway asked if Council aiuld get a commitment from Mayor Bums this evening to
travel to Washington, D.C . stating that airline fare may be a little cheaper if booked in advance and cited
the fact that the next Council meeting is after the proposed trip. Mayor Bums stated he is committed to
the trip and discussion ensued regarding the possible cost of the trip.
COUNCIL ME.MBE.R HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE.
FUNDS TO FUND MAYOR BURNS' TRIP TO WASHINGTON, D.C. JULY 13, 199!1 UP TO A
MAXIMUM OF $1!100.
Ayes: Council Members Hathaway, Vormittag. Habenicht, Waggoner,
Waldman, Bums
Nays : None
Absent : Council Member Wiggins
Motion carried.
Council Member Hathaway requested that if Mayor Bums finds he cannot go that the funds be dcfcmd to
IOIIICOne else as she was sun: the airline tickets cannot be rcf'undcd .
(b) Council Member's Choice
(i) Council Member Vormittag:
I . He requested that City Manager Clark provide an update OD what Englewood has done to help
the City of Sheridan as was discussed during a meeting bclwecn Englewood and Sheridan.
City Manager Clark llalCd there has been some disamion with Sheridan rcpnliog two issues, I)
consolidated communications/police dispatch and 2) l'Nicploying Englewood's fin: apparatus OD the west
side ol Santa Fe between the Sheridan and Tejon llations. These issues, he advised, arc still in the study
phase and once consensus is reached the findings will be pn:scnted to both Council's.
City Manager Clark stated Council also asked to sec: if something aiuld be done regarding stn:ct
maintenance. He advised that the conclusion has been reached by both Englewood and Littleton staff' that
then: is not much that we can do . Consequently. the rccommcndation to both Council's at the appropriale
time will be that we not pursue any cooperation in that realm .
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Eactewood City Couacil
July 3, 1995
Pace 17
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Council Member Hathaway asked City Manager Clark if any issues have been resolved in the Clay Street
problem. Mr . Clark stated he would check into it as the issue has not been discussed. He explained that
they more or less discussed the overall strategy.
2. He expressed his continued concern for the situation at 480 .1 South Grant Street and noted that
City Manager Clark will be addressing the issue under City Manager's Report.
(ii) Council Member Habenicht:
I . She stated she too attended the CML Conference in Grand Junction. Ms. Habenicht reported that
the sessions were excellent. she lcamcd some things that she feels will be very helpful to the City and she
is anxious to share the information. She thanked Council for the opportunity to attend and stated she will
provide Council with a report on her trip.
2. She stated, for the record, that Council not let up on working with the Stale or Colorado
Dcpartmcnt of Transportation in terms of the Santa Fe improve111cnts and especially the order in which
they arc going to be done in terms or the landscaping and the Navajo connection. Ms . Habenicht stated
she remains very concerned with the issue and would like to keep it in the forefront.
3. She advised she received an award from the Colorado Women in Municipal Government which
is given annually to women who have significantly contributed to women in municipal government. She
noted she was the third recipient of this award and that it was very meaningful lo her.
Council offered their congrat ulations.
14 . City Muq,rr'1 Report
(a) City Manager Clark pn:scnted a Rcdcvclopmcot Report on Cinderella City. He stated
that he and Skip Miller have I meeting with Equitable in Atlanta on July 13 and in addition they had a
meeting scheduled with Men:antilc in Cincinnati on July 14 on the return leg of the trip. As the Vice
Pn:sident of Real Estate for Mercantile has I conflict on thal date the meeting has been cancdcd.
However, Mr . Clark stated, they have been assured thal Mercantile wants to moct with them and dl'orts
arc being made to Sd up a meeting. With rcprd to Mercantile, City Maaaaca-Clark advised thal they arc
working on a response to the Mayor's letter. He noted that. based upon some of the telephone
conversations he has had recently with Mercantile, they seem much more responsive as a result of the
Mayor's letter. Mr. Clark indicated he hopes to have news on Montgomery Ward at the next meeting.
Environmental reports came in I week ago and they arc being evaluated by the Public Worts stall' and the
Miller/Kitchell people. He discussed the status of the dcvclopmcnt agrccmcnt .
(b) City Manager Clark stated Council has I memorandum from Community Services
Manager Blumenthal rcpnling the property at 480 I South Grant Strcel . Tbc report indicates that the
Housing Authority, through Project BUILD. has acquired this property and the old Sllllclurc has been
demolished. He stated he docs not know the time frame, however there will be a new house built on the
property.
(c) City Manager Clark recommended that Council go into Executive Session immediately
following the regular City Council meeting to meet with the City's labor COUIIIICI rcpnling matters
affecting collective bargaining.
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l.a&lewood City Council
July 3, 199S
Pace II
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO GO INTO
1.XI.CUTIVI. SESSION IMMEDIATELY FOLLOWING THI. REGULAR CITY COUNCIL
Ml.I.TING TO DISCUSS PERSONNEL NEGOTIATIONS.
Motion carried.
IS .
Ayes: Council Mcmbcrs Hathaway, Vormittag, Habenicht. Waggoner,
Waldman, Bums
Nays: None
Absent : Council Member Wiggins
(a) Assislaat City AUorney Reid p,acnlCd a roc:ommeadalioo from the City AUomey's
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Offic,c IO adopl a resolutioo autborizing the pun:lme CN' aJOdemoa!ioo of a tnffic: right4'-way CIIICIIICIII
in order IO complclc the c:onstructioo of traftic signal unpnlYCIIICIIIS OIi the IOUlhcasl a>mcr of South
ClartDI and East Hampden Avenue. She Slated this actioo is ncccssuy to complete the c:onsuuction of
traffic sipal implO\'elllCIIIS at this location as the City nx:ei\'Cd an engineer's rcpon stating that the traffic
signal pole will have to be placed on IDUlhcul IXll'IICI', as ~ on the southwest oomcr aiuld damage
the foo•adaeioa of the corner building. Ms. Reid DOied that ncgolialioas havc been going on for
approximalcly two years . Tbc City is asking fCN' II 1quan: feet of traffic right4'-way casement and 121
aquan: feel for a tempOrary c:onstructioo cascmcnt.
Tbc raolutioa -aslipcd a number and rad by title :
RESOLUT10N NO. 56, SERIES OF 1995
A RESOLUTION AUTIIORIZING 11tE PURCHASE OR CONDEMNATION OF AN EASEMEIIIT ON
CERTAIN LANDS Wl11UN 11iE CITY OF ENGLEWOOD, COLORADO, TO PROVIDE FOR
TRAFFIC IMPROVEMENTS ON 3500 scxrm a.ARKSON IN 11iE CITY OF ENGLEWOOD ,
COLORADO.
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 15 (a) -U:SOLUTION NO. 56, SI.RIES Or 1"5.
Motion carried.
Ayes: Couacil Members Hadlaway, Vormiuag, Habcnicbt. Wagoner,
Waldmaa, Bums
Nays : None
Absent : c.auncil Member Wiggins
16 . Adj111u11aeat
COUNCIL MEMBER HATHAWAY MOVED TO ADJOURN . Tbc ll!Cldiag adjourned al 9 :20 p.m .
~z/£ CityC
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
JULY 3, 1995
7:30 PM
Call to Order. '7 ·:.?J ,I~
Invocation. ~!Jf-
AedgeMAI~=,~~/ /A/i .i-+-{ tu~\
RollCall. Vr~. /~ ·77 J_)
Minutes.
~'I a. Minutes from the Regular City Council Meeting of June 19, 1995. Aqn ~./11~/ -,~~-/ , ·---r;
6. Scheduled Visitors. (Please limit your presentation to ten minutes.)
a. Community Volunteers will be recognized for their commitment to the
community . .
t,-0-1 ~~~ti.-~ dAt.o f ~ ~o ~
7.
8 .
B~~~~lunteer Recognition.
3':,,.tJM.Au.i,.,,u~ -[}~ l'-1Jud-[ui~ ,-,
Non-Sched~~dV~ (Pleale limit ·vo6r presentation to fMtlni~.) a.. n~~ M4,«.J_
9. Communications, Proclamations, and Appointments.
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Letter from Don Styes indicating his resignation from the Englewood Liquor
Licensing Authority. ~
...... note: H you heve • dlMllllly 11111 nwl....., alda or..,._,,..... nollfy ._ City ef ........... C7U-
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City Council Agenda
July 3, 1995
Page 2
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b . Letter from Patricia Howe indic~· g her resignation from the Englewood Clean ,
Green, and Proud Commission.
c . Letter from Curtis Such indicating his resignation from the Englewood Liquor
Licensing Authority. ;J,,, .fr~ .J J/h~ -O-{ ··~'7}
~# d. A resolution a~:~~o~,g Arnold to the Englewood Clean, Green, and Proud
~ (,-0-1 Commission . , ,..~'1
/!u,;/t/5"" e . A resolution appointing Joye Lynn Barnes to the Englewood Liquor Licensing
Ofl)-'l. fr()../ Authority. ~
/!JtJ0-;141(p f. A resolution reappointing ~n.1 ~~~e to the Englewood Downtown ClpPJ {,-()-/ Development Authority . l~uo .
/<JJttll'f7 g . A resolution reappointing Steve Collins to the Englewood Downtown lipµ f,-o-J Development Authority . ~
/!u,#t/-Y h . A resolutio~';1;;~;t:g Barbara Fout to the Englewood Liquor Licensing
~ /t-O -/ Authority. ~ ~------r/
~'It/} i . A reso~ut~on a~~.~~~ Lange to the Englewood Clean, Green, and Proud
~//-0-1 Comm1ss1on . fffJ.A...AUAJllf
&I'~ j. A resolution appointing Daniel McK~!~~h Member of the Englewood Of!Jcl. /r()-/ Parks and Recreation Commission . /Y«A.1-1,U/'1
~c,/J.J t; ,()' resolution appointing Gladys Remes to the Malley Center Trust Fund Board .~
~~i;J l,p ~../A resolution reappointing Orris Saunders to the Malley Center Trust Fund Board~
Rt,{'53 m . A reso~i:t!~g Marjorie Schwindt to the Malley Center Trust Fund
· 0/Jpd lr()-1 Board . IHV•A'-«Ml'f}
~s/-n. A resolutio~~!, ~vid Warner to the Englewood Liquor Licensing apf' ~-/ Authority . 11~~
Rti,J !J:i o . A resolut ion appointi abrina W illiams as a Youth Liaison to the Englewood
~ ~-()-/ Public Library Board .
10. . (None Scheduled)
Plew nole: "you heft• dlNllllly ..a nwl ...... INI • ........ IIOllfy 1lle City of ......... 1712·
2370181 INst a houn In....,_ of wMn ..._ ......... 1"-* you .
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City Council Agenda
4 July 3, 1995
Paga 3
11. Consent Agend~/ ~ /JUA7):,J. // d. / ~1i1
a. Approve on First Reading.
!iJJn~ _ i. Recommendation from the Department of Public Works to approve, by
'it_'fiJD~l~~(b~lf!I/IJo)otion, the construction contract for the 1995 Bridge Repair and Upgrade
f.!lllfAKY-~ t/a? Program. Staff recommends that the bid be awarded to the low bidder,
New Design Construction Company, in the amount of $35,400.00. STAFF
SOURCE: Charin Esterly, Dnctor of Pubic Works.
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ii. Recommendation from the Department of Community Development to
adopt a bill for an ordinance amending the Flood Plain Ordinance by
incorporating the date of the most recent Flood Insurance Study report.
STAFF SOURCE: Harold J. Stitt, Planning Administrator.
iii . Recommendation from the Englewood Election Commission to adopt a bill
for an ordinance authorizing an Intergovernmental Agreement with
Arapahoe County for a Coordinated Mail Ballot Election. STAFF SOURCE:
Loucriahia A. EHis, City Clerk/EIRtion Commiaion Member.
b. Approve on Second Reeding.tJfr>lt;-~-/ ~ ~///r1~tf
i . Council Bill No. 31, authorizing an Intergovernmental Agreement with the
City of Littleton with respect to the financing of median lighting
enhancements along the South Santa Fe Corridor.
ii. Council Bill No. 32, authorizing an Intergovernmental Agreement with the
Colorado Department of Transportation pertaining to the Santa Fe Corridor
Enhancements Contract.
iii. Council Bill No . 33, amending Title 7, Chapter 68, Section 6 the Englewood
Municipal Code regarding obstructing highways and public passages .
iv. Council Bill No. 34, authorizing an Intergovernmental Agreement with the
United States Department of Interior Geological Survey approving a joint
funding agreement for water resources investigations.
,.._ note: N you have a dlNllllly Md .... aalle,y ... • ..._, .......... Clly of .... , ... , IJU·
13701 at INat 48 houn In ..... ., WMn NnlloN .......... 1-* ,-.
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City Councll Agende
July 3, 1995
Page4
12. Ordinances, Resolutions, and Motions.
a. Approve on First Reading.
Recommendation from the Departments of Public Works and Safety
Services to approve, by motion, Expansion and remodeling of the Tejon Fire
Station. Staff recommends awarding the bid to the low bidder, J.C.
Brooks & Company, in the amount of •sa.973.00. STAFF SOURCES:
Charles Esterly. Director of~~~:~ llelh Loc*wood. Fire
Administration Division Chief. /~
ii. Recommendation from the Englewood Planning .,,ct Zoning Commission to
~,f(/,MJf/ JtML ~opt a resolution approving the South Denver Medical Plaza Planned
tJ1fi.5.;.I ( AJA-Y:WALIAMJ evelo~ent. STAFF SOURCE: ..,...._,,. flltt. ~ Admlniabator.
!' tlf1d~ -I , ~ /II/ iff'l!,r -?:f.dN(J
(!JJll:37 iii. Recommendation rom the Department of Public Works {o adopt a bill for
an ordinance authorizing an agreement with the State Board of the Great /oAAi ~-f)-/ Outdoors Colorado Trust Fund to construct the Arapahoe Greenway Trails
ff Connection. STAff SOURCE: C...... Esterly. ~orb.
b. Approve on Second Reading.
ff
13. General Discussion.
Mayors Choice. llnld -HATHAWAY MOVED TO APPROVE FUNDS 'T/['-()-/ TO FUM> MAYOR BURNS' TRIP .TO
. , . WASHINGTON, D.C., JULY 13, 1111
Council Members Choice. UP TO A MAXMJM OF 11100.
a.
b.
14. City Manager's Report.
a. Redevelopment Report on Cinderella City .
b. Report on the property at 4801 South Grant Street.
Recommendation to go into Executive SeHion immediately following the regular
City Council meeting to discuss a personnel matter. ~
..... nole: If you ...... ........, ............................ ..., ... City., ....... C712·
23701 et INet 48 lloun In..,_ of.._. .............. ,._. ... .
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City C-cll Agenda
July 3. 1995
,• Page&
15. City Attorney's Report.
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&J f1fJ a. Recommendation from the City Attorney's Office to adopt a resolution
/..Ji / authorizing the purchase or condemnation of a traffic right-of-way easement in
,rv-order to complete the construction of traffic signal improvements on the
southeast comer of South Clarkson and E~a~.1 ~venue. STAFF
SOURCE: DM Brotzman, City Attorney. -v ~lf.t:/l-/ ·
Adjoumment.~ .-.
9.~I)~~
The following minutes were transmitted to City Council from 06/18/95 -08/29/95:
• Englewood Housing Authority Minutes from the May 3, 1995 meeting.
• Englewood Public Library Board Minutes from the May 9, 1995 meeting.
• Englewood Planning and Zoning Commission Minutes from the May 18, 1995
meeting.
• Englewood Liquor Licensing Authority Minutes from the June 7, 1995 meeting.
• Englewood Parks and Recreation Commission Minutes from the June 8, 1995
meeting.
..... note: "you have • ....., ...... ...., ............ MIiiy .............. 17U.
•101 a11Nat 41 haurs In ................. _ ........ ,...,...
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD. ARAPAHOE COUNTY. COLORADO
.,_1,.1"5
I . CallteO'*"
Tbe regular meeting of the Englewood City c:ouac:il .. called to Older by Mayor Burm at 7:35 p.m.
2. .._.._
Tbe ilMJCalioa -gi\'CII by c:ouac:il Member Wigins.
3 . ...,...,~
Tbe PledF of Allegiance -led by Mayor Burm.
4 . ...Call
Pracnt:
Absent :
c:ouac:il Membcn Hadaway, Waldman. Wiaim, illlleaidil,
Vormiaaa, w...,_., Bums
None
A quorum wu pn:scnt.
Also pn:sent: City Muqcr Clark
Allillalll to Ille City MalllFf Grace
City AIIOncy Bruu-
City On Ellis
Dueclar Eaerly, Nllic w ...
Pluaias AdaillillmDr Sdlt
MIIIIICfSlowe.~w...._,y.._ .....
(a) COUNCIL MEDER WIGGINS MOVED. AND IT WAS SECONDED, TO
APPROVE THE MINUTES or THE UGUIAll MUTING OF JUNES. 1"5.
A)'CI : c:ouac:il Membcn lfalliaway, Vonaiaq, Wiaim, Habeaic:lil,
w......-.Waldman.Buns
Nays : None
6. Sdiedalell Vilk8n
7. NN dedalell Vlliten
There WCJC no non-scheduled villilOn.
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Ea&kwood City CCNIIKII
Jaae 19, lffl
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(a) A resolution recommcodmg NorlecD Norden for reappoint_. to the Housing
Authority for the City ol Englewood. Colorado -allllidcred.
The resolution was assigned a number and read by tide:
RESOLtmON NO . 42, SERIES OF 199S
A RESOLtmON RECOMMENDING NORLEEN NORDEN FOR REAPl'OINJ'MENT TO 11IE
HOUSING AtmtOIUTY FOR 11IE CITY OF ENGLEWOOD, COLORADO.
COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM I (a) -RESOLUTION NO. 42, SERIES OF 1"5.
Motion carried .
Ayes : Council Members Halhaway, Vorminag, Wiggins. Habenicht,
Waggoner, Waldman. Bums
Nays : None
9. Public Buri•&
No public bearing was scheduled before Council .
COUNCIL MEMBER BATRA WAY MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 11 (a) (I) 111ROUGH (\'I) ON flllST READING.
MAYOR BURNS PUu.ED AGENDA ITEM •• (a) M noM THE CONSENT AGENDA.
COUNCIL MEMBER HATHAWAY AMENDED BER MOTION TO UQUIST APPROVAL OF
CONSENT AGENDA ITEMS 11 (a) (I), (II), (Iii), (1¥) _. (\'I) ON flRSf READING.
(a) AppnJ\'C on Finl Reading
(i) COUNCIL Bill. NO . 34 • INTRODUCED BY COUNCIL MEMBER
HATHAWAY
A Bill. FOR AN ORDINANCE AtmfORIZING AN INl'ERGOVERNMENTAL AGREEMENT
BETWEEN 11IE UNITED STA'reS DEPARlMENT OF 11IE INIEUOR GEOLOGICAL SURVEY
AND 11IE CITY OF ENGLEWOOD. a>LORADO ENTJTI.ED WDEPARlMENT OF 11IE INl'ERIOll
GEOLOGICAL SURVEY JOINT FUNDING AGREEMENT FOR WATER RESOURCES
INVESTIGATIONS ."
(ii) CONTRACT WJ1H POWER EQUIPMENT COMPANY IN 11IE AMOUNT
OF $69 ,300 INCLUDING OPTIONS FOR 11IE PURCHASE OF A FROKT END LOADER.
(iii) COUNCIL Bill. NO. 33 , INTRODUCED BY COUNCIL MEMBER
HATHAWAY
A Bill. FOR AN ORDINANCE AMENDING nn.E 7, CllAP1B 68, SECTION 6, OF 11IE
ENGLEWOOD MUNICIPAL CODE 191S REGARDING OBSTRUC'JlNG IDOHWAYS AND PUBUC
PASSAGES .
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Easte,rood City Couacll
Jaae 19, 1995
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(iv) COUNCll.. Blll.. NO. 31, INlllODUCED BY COUNCIL MEMBER
HA111AWAY
A Blll.. FOR AN ORDINANCE A1JlltORIZING AN JN'll:RGOVERNMENTAL AGREEMENT
BETWEEN 11iE Cl1Y OF ENGLEWOOD, COLORADO AND 11iE Cl1Y OF Ul"ll.ETON,
COLORADO W11H RESPECT TO 11iE FINANCING OF MEDIAN UOH11NG ENHANCEMENTS
ALONG 11iE SOU1ll SANTA FE COIUUDOll
(vi) RESOLUTION NO. 43, SERIES OF 1995
A RESOL1JTION APPROVING 11iE WAOE AGREEMENT TO 11iE <X>LLEC'l1VE BARGAINING
CONTRACT BETWEEN 11iE ENGLEWOOD POLICE BENEFIT ASSOCIATION AND 11iE Cl1Y OF
ENGLEWOOD FOR 11iE PERIOD OF JANUARY I, 1995111ROUGH DECEMBER 31, 1996.
Voteftlaltl:
Motion carried.
Ayes: C4uncil Mcmbcn Halhaway, Vonniulg, Wigins. Habenicht,
Waggoner, Waldmaa, Bums
Nays : None
(v) Director Ellerly praeatal I rocccam dl!ion from the Dcpanment of Public
Wotb to adopt a bill for an ordiaanc:c audloriziD& • iDlca"pllemmaal Ill-' bctweal the Slalc of
Colorado Dcpanment ofTransportatioa and the City ofEapwood patainiag to the Santa Fe Corridor
enhanciements . .
Responding to Mayor Bwm. Mr. Ellerly lllled dill die 1111 t lddleuel Eapwood's reimburmlll
to the SWc of Colorado for lipliaa ad IMllilll mt a, wllicll lR ...,_. so die Slalc's
propoal. The alllSrac( cuna7ly --CDMiderasioe by Cow:il provides for. Cllll7ribuSioll from the
cities to illcn:ale the quality of.....,_ ... oa Susa Fe. 11e llid..., l•ndecapina for the pnijecl
wiU be a1draacd II mme time ill die ftiluR widl ftlnller ftmdina iequind. He llid 11117 l•ndapina will
be part of the final phue of the SaD7a Fe pnijecls. siDce is is tied to die ~indermcn: truck route.
which wu bumped by the Bdleview/Susa Fe-,-project.
CGuncil Member Habenicht med if the City bas bad any 1UCCe11 in allain& the ICbcdule 10 dlas the
landscaping and NavajolWinclermeff pnijecl cu be dODe c:oocunent with the other phues.
Mr . Esterly stated that the City bas DOC yea iDdic:aled to the Slalc 11117 there ii a problem with the ICllcdule .
He aaggestcd it might be approprille to approach the biglnway commiuioner and dillricS engiwr during
I lbldy KUion.
Ms . Habenichl and Mayor Bums aped that the IIIIS1er sbould be punucd. Mayor Bums expraNd
concern thal budgeting will be • problem by the time the final plllla of the project are undertaken.
Mr. Eslcrly aped that the rear ii wdl..foua1cd . He .,...... lallbyina our biglnway commiaiooer prior
to the end ofthe lUIIIIIICI'. Mayor Bums aped.
arm,ina the IUbjcct, Mayor Bums med for Mr . Ellerty's ca t1 sepnlina die Kina Soopen
pukiq l7nlc:lUIC and wbedler ii is modular and CIII be di lblad lldler tbu delSJvyed or knocko1
down.
Mr. Eslcrly rapoadcd that be is DIil involved in dial project.
City MalllFf Clart llid be expecu to NCeiw illforaalioll ha w..,.. of Coa-maik)IJ Scrvm
Blwneadlll repnlina die Kina 5oopen pnijecl. __. 111 will rc11y so c-il.
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June 19, 199!1 .....
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Mayor Bums asked for f'urtbcr a,mmcnts and questions rqarding the Council Bill, and, bearing none,
called for a motion .
COUNCll. Bll.L NO . 32 , INTRODUCED BY COUNCll. MEMBER HA111A WAY
A Bll.L FOR AN ORDINANCE AtmK>RlZING AN INTERGOVERNMENTAL AGREEMENJ'
BETWEEN THE STATE OF COLORADO DEPAR1MENT OF TRANSPORTATION AND THE CITY
OF ENGLEWOOD, COLORADO PERTAINING TO THE SANTA FE CORRIDOR ENHANCEMENTS
CONTRACT.
COUNCll. MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 10 (a) (v) • COUNCll. BILL NO. 32.
Motion carried.
Ayes : Council Members Hathaway, Vormiltag. Wiggins, Habenicht,
Waggoner, Walclrnan, Bums
Nays : None
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COUNCIL MEMBER BA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (b) (I). THROUGH (Iv) ON SECOND READING.
(b) ApproYe on Second Reading
(i) ORDINANCE NO . 2S, SERIES OF 199S (COUNCll. Bll.L NO . 26),
INTRODUCED BY COUNCll. MEMBER HA111AWAY
AN ORDINANCE ESTABLISfDNG THE PERMANENT APl'ODnMENT OF SIX SAFETY
SERVICES FIRE ADMINISTRATIVE POSmONS OUTSIDE THE a.ASSIFIED SERVICE OF 1llE
CAREER SERVICE SYSTEM .
(ii) ORDINANCE NO. 26, SERIES OF 199S (COUNCll. Bll.L NO. 27),
INTRODUCED BY COUNCll. MEMBER HA111A WAY
AN ORDINANCE AtmfORIZING AN EXTENSION OF THE CURRENT TELEVISION SYSTEM
PERMIT .
(iii) ORDINANCE NO. 27. SERIES OF 199S (COUNCll. Bll.L NO . 21),
INTRODUCED BY COUNCll. MEMBER HA111AWAY
AN ORDINANCE AtmfORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN 1llE
CITY OF ENGLEWOOD, COLORAOO. SOln1f ARAPAHOE SANITATION DISTRICT, ARAPAHOE
COUNTY BOARD OF COUNTY COMMISSIONERS, SOUlllGATE SANITATION DISTRICT,
WASTE MANAGEMENT OF COLORADO, INC ., AND SOU11I ENGLEWOOD SANITATION
DISTRICT NO . I, APPROVING THE TRANSMISSION OF WASTEWATER ORIGINATING AT 1llE
COUNTY LINE LANDFILL .
(iv) ORDINANCE NO . 21, SERIES OF 199S (COUNCll. Bll.L NO. 29),
INTRODUCED BY COUNCll. MEMBER HA111AWAY
AN ORDINANCE AtmfORIZINCi AN INTERGOVERNMENTAL AGREEMENT BETWEEN 1llE
CITY OF THORNTON, COLORADO AND 1llE CITY OF ENGLEWOOD, COLORADO FOR AN
EXCHANGE OF THE CITY OF ENGLEWOOD'S ROTOMJU..ING SERVICES TO 1llE CJTY OF
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Ee&lewood City Coaacil
JMe19, 1995
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(iv) COUNCll.. Bll.1. NO. 31, INlllODUCED BY COUNCll.. MEMBER
HA1HAWAY
A Bll.1. FOR AN ORDINANCE AUIHORlZING AN INJElOOVERNMENTAL AGREEMENI'
BETWEEN 1HE CITY OF ENGLEWOOD, COLORADO AND 11iE C1Y OF Lrnl.ETON,
COLORADO Wl1H RESPECT TO 1HE FINANCING OF MEDIAN UGKllNG ENHANCEMENTS
ALONG 1HE SOlTl1I SANTA FE CORRIDOR.
(vi) RESOLUTION NO. 43, SERIES OF 1995
A RESOLUTION APPROVING 1HE WAGE AGREEMENJ' TO 1HE COLLEC11VE BARGAINING
COl'ffllACT BETWEEN 11iE ENGLEWOOD POLICE 8l!NEFIT ASSOCIATION AND 1HE CITY OF
ENGLEWOODFOR1HEPERIODOFJANUARY I, l995111ROUCiHDECEMBER3l, l996.
MOlion carried.
Ayes: Council Members Halbnay, Vormittag. Wiggins, Habenicht,
Waggoner, Waldman. Bums
Nays : None
(v) Dircttor Esterly praenled a reoommenda!im from the Department of Public
Worts to adopt a biU for an ordinance autboriziD& an UIICrpenllllell agreement between the Stale of
Colorado Department of Transportation and the City ofEDglcwood pertaining to the Santa Fe Corridor
cnlwlccmcnts. .
Raponding to Mayor Bums. Mr. Esterly staled tbal the apeemenl addreaa Eaglcwood's reimllunemcnt
to the Stale of Colorado for lighting and median cnbanranaMs wbic:11 arc uppadcs to die State's
propoal. The ClOlllnlCl CWRDlly under COllliclcralioa by Council pn,vides for a CIOIIUibulioll from die
cities to increuc the quality of appcannc:c items on Santa Fe . He said tllll landrapina for die prqect
will be addralcd at some lime in the future with flu1her ftmdiq requiral He said tllat landecapi91 wiU
be pan of the final phase of the Santa Fe pn,jectl. lincc it ii lied to the ~indermerc truck 11111te.
which was bumped by the Bdlcvicw/Santa Fe CMIJIIIII projoct.
Council Member Habenicht asked if the City has had any -in altering the IClledulc 11> thal die
landscaping and Navajo/Windcnncrc prqect can be done ClOIICUmDI with the other plmes.
Mr . Esterly stated that the City has not yet indic:alal to the State thal thcR ii a pniblan with die ICl!edule .
He suggatcd it might be approprialc to approacll die hipway commiaiNcr and dillrict cnpw durina
a study ICllion.
Ms. Habcnicbt and Mayor Burns ..,.i thaa the maacr should be punued. Mayor Burns cxpreaad
conccm that buqcting will be a problem by the lime the final plmes of the prqect arc undcrtakca .
Mr . Esterly qreod that lllc fear ii well.founded. He...,... lobbyilla our hipway coeeiaiNcr prior
to the end of die suauncr. Mayor Burns ..,.i.
Changing the IUbjocl. Mayor Buns med for Mr. Ellcrly's COlD!DCDCI lqlldiaa die Killl Soapen
parting lllnlCtllR and nctllcr it ii modular ud can be di mMed rather thu clelln,yed or bodied
cknm .
Mr . Esterly 1Clp0Ddcd that lie ii 11111 ilMIMd in thal projoct.
Ci1y Manqer Clark said lie apcas to naive infonulloD from Manqer of c--=lly Scrvica
Blumcnthal rqa,diq lllc K.ial 5oapen projecl. wbic:11 lie wiU relay to Cauadl.
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Ell&leweod City C11111icil
J•ae 19, tffl
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1HORNTON FOR SAND/SALT, HOT MIXED ASPHALT, OR CRUSHED AOOREGA'IE
MATERIALS .
Ayes : Council Mcmbcn tladlaway, Vonaittal, Wiaim, Hallenidll,
w...-,. wui-, Burm
Nays : Nooe
Molion carried.
II. O...__,RmltliNl•Madoal
(a) Applovc • Finl Rcadiaa
(i) PluailLs AdminiWor Stitt pracnled a RIC C f ioe 8-dtc Bwd G
Adjulln-a ud Appeals ID appnM. by IILOliolL. a home OCICllplllion IIIC variwle. He aplailLed • May
10, 1995 lite Bolnt m ..,._.. ad Appeals Qlllllidered aw wriw:e an,Aimioe ID perail dte
openlioD ma muicuriDa ..__ • • 1tome occup11ioa. T1tc applicul ~ ..-s a~
ltome • a ltome ocaipatiolL wl WMII ID dlaqe occupllliw IO manicurilLI, MLic.tt ii . f: Ill •
cmmdology ud • IUClt is proltillilal • a ltome occupllioa. As lite applic:al's pnipeny ii ...r R-1-C,
City Council is n,quirlll to rmew Ille wnw:e request. in addition so dte review by dtc Bmnl m
AdjllSblLCILI and Appeals . Mr. Stitt adviled dtal Council sltall review dte IUlllld wl wriaat decision m
Ille Board IO cldcnnine if the variance CIOILlplics with lite n,quirrmtll G dte C....,, t . we l.oailLg
Ordinance.
Council Member Habenicht quatioaed lite applicut's plus to pltalHt dte amtic:arilLa llmiaa wltilc
continuing to operate • claycue ltomc • site -ClOIKlenLed IIIIOlll -.. IUdt • -.icurilt& fluids liUiDg
around.
Mr. Stitt explained that lite applicant ........ t1tat site Mil -be cnechectiq dte wicuriltl ...-.
if ii is appnMld. during lite bows that site is ClflCIIWLI lite dltycale.
Council Member Habcnicbl swcd site feds rally UILCCllllf'onablc to bawe any kind m pllaR-in on this.
Mr. S1i11 advised that the applicant indicated she will do manic:ura in lite ewaung if llte cannot make lite
clean break from one use to the other and that site is intaatcd in IILltkina lite traDsition • -a
possible .
In raponsc to Council Member Habenicht. Mr. Stitt swcd that be is unnuc many odter daycare homes
thal operate otbc:r home occupations . He added that be suspecu if lltey do lltey would be more m aa office
type USC 10 thal it would DO( iDtcrfCR widt lite provision G child QR ICIVica.
Council Member Waggoner asked if she will be ratric:led on bcr bows m operation.
Mr. Stitt advised that home oc:cupalion provisions specify dtal lite bows aac1 manner m openlioa be IUClt
thal ii docs DOI inlCrfcrc widt the peace. quiet and diptity m dte ILCipbarllood.
In rapome IO Council Member Wagoner, Mr. Stitt werified dtal lite applicul Mii aat open1C lite
busincues at the same time.
Council Member Habcnicltt quatioaed if lltere an: any lcpl coasidenlioe or ..uictiom ia w ol lhis
concuncn1 use with a licensed daycare home . City Attontey Brolzman llaled theft arc .,. odter dtllL
those addn:ssed by Mr' Still.
Mr. Still advised that lite applicaal's addras is 431 Eal Oiranl Awenuc .
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Jaae 19, 1995
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Council Member Waldman felt that tbc DCigbborbood is DOI -,ily dial mudl of a RSidallial
neighborhood at this point. He queaioned bow much of an impacl tbc manicuring b_usincss will baw on
the neighborhood as caentially one perma at a lime can be ICMc:ed in a busiDcsl like this.
Council Member Hathaway DOICld that she rapects tbc fact lllal tbc applicant advised tbc City of her inlent
as she ClOllld baw dooe it without advising tbc City.
Mr. Stitt IWCd he felt this type ofbusincsl is DOI rally tbc issue with tbc neipbors. that they are DIOft
c:ona:med with puking and tratrac in general.
In raponse to Council Member Habeaidlt. Mr. Stitt CIOllfirmed that Council will be approving tbc
granting of a variw:c dial will allow two occupalions to take place al this home.
Counc:il Member Waldman added tbat !DOR spccifally Council will be saying that tbc Board did DOI err
in their Findings of Fact and that tbc Board observcd the ten conditions for granting the variance.
Mayor Bums Slated Council is rally sitting like an appeals coun and should DOI try it all ewer apin.
Mayor Bums. regarding Mr. Waldman 's remark that the area is DOI much or a residential neigbborbood,
shared the history or the area. He stated that Swedish attempted to change that neighborhood ewer a
period of years. which they never accomplished . Several years ago Swedish Medical Foundation
essentially sold 22 sites to the Housing Authority . The sites were either rdlabilitaled, tom clown or new
houses were built. Mayor Bums Slated that the neighborhood has been regenerated as a residential
neighborhood and it is going to remain that way .
City Manager Clark noted that aJIIIICtology is DOI permitted in this pu1icular Z011C dillrict. He lllbd if
this variance is granted if it will Id precedence for similar use variances of this llllluR in tbc future .
Mr. Stitt Slated that the Board docs DOI operale on pra:alent and every ca1C is talica on it's own merit. He
Slated that he goes to great lengths to explain to applicants that whether a similar calC -puled or
denied has no bearing on their variance, that tbc applicanl must make their calC and med tbc conditions
and then the Board rules accordingly . Discussion ensued.
City Manav.r Clark questioned that. as the Zoning Ordinance prohibits aJIIIICtology within the residenlial
zones, lhal by gran1ing variances over a period of time will we baw cbisdcd away apinst dial standard.
He asked how that squares with the original tenant of the onlinanc:c restricting cosmetology activities.
Mr. Stitt agreed that is a problem. He stated that one oftbc tbinp tbat be poinlcd out in tbc Slafl"Rcpon
is the original prohibition of these typeS of UICS -baled on tbc fact tbat tbc SUic liccming requirements
prohibiled them in homes. Not long after tbc City adopled tbat Slalldanl tbc Slalc cbanpd their
regulations so thal they do now permit thole in llomes. Aad baled Oil tbat. it -Slaff" 1 feelins dial since
that was the major criteria by which we chose to prohibit dloa UICS tbat ma,1le it -our ordinance tbat
needed changing . Mr. Stitt hesilated to get inlo the prupaad amendmellu to tbc home occupalioo
provisions but he did Slate he feels the City does need to take a look al our rqulalions in li&ht of current
reality . If, as a rault of citizen input, Council determines that this should remain a restricted use then
that policy ";11 be adtlered to by the Board.
City Manager Clark lllbd if the City is inadver1ently. tluuup ,rantiDa a series of111e varianca,
conducting ad hoc lqilllation which is rally in tbc power of tbc Planailla and Zonina Commillioa ud
City Council .
Mr. Stitt agreed and staled that is why the IIIC variance criteria is Ill IGU&h, becallle it __... to a
rezoning . He stated that in this pu1icular a111 be apoke with this applicaal approximlllly two ,_,. •
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Ea~ood City Couac:il
Juae 19, 1995
Pace I
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and Slaff' recommcndcd thal she nit to submit a use wriuce lllllil Slaff' submitted the propolCld
amendments to the Zoning OnlilllllCC to the Plamling C:-mission and City Council for review .
Council Member Waldman DOied 1h111l'llca die Boanl ol ....,_ and Appeals bears limilar requesas
cm:r and O\'Cr apin they IClld to n:fcr the requesll bid( ID die Plwlill& and 1.anilla Commission IJr
R:Vicw. He IWCd that, from bis expericncc OIi the Board, palDllllity ...... iws cllaqes Ille opilliolls
about CICl'lain issues . And, be stated, since the Boanl -coasiden pNCDdmce lie qilllllioDed wbclber
there will ever be a case identical to this one with Ille -localioa, amenities and pawd lol . He said be
does not feel there is really a prec:iedeoce to be CIOlllicleRCl in this cue.
Mayor Bums stated thal leplly the Board CIIIDOl eltlblisll a precedeDcc as the wriuce ~ does
not allow for it.
Council Member Habenicbt, ~ 1h11 die iac may 8Dl be appraprillc ID this dilClllllion,
pointed out that boch the Council's and City Maupr's pl is ID improve Md upgrade the City's llousiag
•oclt. She woadered if approving this use wriallCC is coasillcal with die visioD. SIie llllcd Ille is wry
10f1111 thil point because her heart says )'CS. but lier llliDd keeps sayill& ..... be wry tbouplful about
what they IR approving and why. Ms. Habeaidll reilenlcd lhll slic does 8Dl feel dear or a.mtlllle
with any VOie II this point.
Council Member Waldman Slated that usually I wriuce 1DC1 with the property, but as this is a
cosmetology use. which is a licensed ocaipalion, be q11JCS1ioDed whdhcr it will be ping with the applicant
onl)'. rather than the location.
Mr. Stin stated it will not. unless that is a specific: finding or specific: COlldition impolcd by the Board or
Council .
City Anonicy Brauman clarified thal Council CUD01 add additiOllal Cllllditiom . Council cu appnwc or
deny the 111e variance rcqucs1 and thal is all as Council is siaina as an appellate body to~ if the
ICII COllditions ha\'C been met .
la response to Council Member Waldman, City Altomey Brauman CXlllfirmed that the approYal olthis
use ,-arianc:c •ill be m:iordcd •ith the Arapahoe Coullly Ciak and Recorder .
Planning Administrator Stin coac:urrcd thal the decision will be RIODldcd in this case because it is a use
wriuce and future property owners can operate as a lllllliaarisl .
Mr. Stitt. in raponsc to Council Member Waldman, IWCd 1h11 the use wriuce will show up in a title
search as it will be recorded apinsl 1h11 property, but 1111( in die ad per se .
Council Member Habenicht asked for conflf1Dllion that Ille Boanl ol ~ and Appeals beliews
that this ~. if granted, will lllll llMfldy dca Ille ad,j&,cDI property ol lhc ncighborllood and thal
the proposed use is the least trafric iDICDSivc use pcmiblc wlaidl will permit -ralOlllble use ol lhc
property.
City Anomey Brotzman stated 1h11 is what Council is dlllpd with, 1h11 Council mllll cldcrmiac from Ille
Findinp and minuaa that the Board ldcd approprillcly. Di-. -.ed.
COUNCIL MEM8ER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE THE
SOARD OF ADJUSTMENT AND APPEALS CASI NUM81R 5-95. BOMI OCCUPAffON USI
V AlllANCI • AGENDA ITEM 11 (a) (I).
Ayes: Council Members Hadlnay. VormiUq. Wigins. Habcaicht,
Waac,ncr. Waldman, Buns
Nays : None
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Ell&lewood City CCN1ncil
J•ae 19, lffl
Pacet
Motion carried.
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(ii) Planning Admiaislnlor Stitt placalCld a fflCDPUDPl!dalioo fium the Dcpanw
of Community o-lopmeal to adopt a bill for an onlillaDce WDdiD& the CompRllcllsiw ZAIDiD&
Ordinance rdati\'C to Home Oa:upacions and IO ICbcdulc a dale for a public baring 1111 this issue . He
noted lhal this bas been an issue for approximately CM years. City Couacil lield a public beuillg 1111 the
~ amendments in NoYcmbcr of 1994 and raaanded this issue co die Plannina and .lolling
Commission for ldditioaal n:view, to ICbcdulc a public bearing ud rq,ort back to Couacil by Juac of
199S . The issue lhal came up w the lypCS ofbome ocaipMioos tllll llllould be penaiacd ill die R-l·A
zone and at the time that the Planning Commission ori&illallY lield dleir llearilt& dlCle -.ae n:ally DO
CX1111111C111S to that dl'CCC . RcsidcalS did show up al die Couacil public bearill& ud made dleir views
known . Mr. Stitt advilcd that the Plulling Commillion. bwd oa Couacil's direttioll, IIMl1iled the
public hearing ill bodl the Eaglewood Ciliml and &tpMocl Herald. Fas oplioos far IXlllliclenlian by
the Planning c-missioD -.ae prqllRld by llall', dlolc opcioos being, 1) l'OCOllllllelld adopcioll of the
amendments as originally proposed 10 Council by the Plannina Commission, 2) amend the squlaCions for
all DisCricts as originally proposed. e,icq,c for R-1-A. whic:b would have limited type and number of home
oa:upations. 3) amend the proposed rqulations for all Districts as oripnally pnlpll9cd, e,icq,c prohibit
home oa:upaliCllls in the R-l·A 1.one Disuict. 4) RICOIIIIIICDII thal chae be DO amendments made to the
home occupation regulations. He advised lhal the Planning Commission, after receiving testimony ill a
public hearing, recommends lhal option 2 be approYcd by Council . Option 2, be poillled out. resuias the
type of home occupations allowed in R-l·A. and allows the amendments penaining to the other raideotial
:rone districts. This option states that home occupations in R-1-A shall be ialric:ced to professional offices
as defined in the Englewood Municipal Code and chae shall be no~ aJlllacl with dients,
customers or the public at the location of the home: occupatioo .
Council Member Hathaway asked if the Planning Commission coasidered all the testimony thal indicated
citizens did DOI abject lo any~ illvilillle busi.a.
Planning Administralor Stitt llalcd lhal is a difficult quellioa as the CWl.lCM are basically ming the
Planning c.onunission, and ullimllely Couacil, IO turn a blilld eye IO all dlOle busi-dial are c:unady
illegal . And the Planning Commiaion hid a bani tillle with dial. The Plunin& Coaunissioll clelermincd
that if the City is going to have regulllioas 1111 the 1ype1 ofbusimm1 they 1111111 be COlllisleat. Mr. Stitt
acknowledged thal from a practical IWldpoint dlCle are home ocaipaaions in tbc R·l·A. Gcamlly, be
DOied. enforcement occurs on a complaint basis. He CXIIICludcd that the pniblem is, if the City u a policy
says we will tum a blind eye to thole that exi• because they are DOI causing any problems. we are
admitting thal they exist and DOI enforcing the ordinance u ii is written . Mr. Stitt .. led be bu a pniblem
"ith that
Council Member Hathaway asked City Allonlcy BnlUlllan if there is a way 10 clarify the definition
slightly to difrcrcntiale ~ a home aff'ice ud a home OCC.-ion. Sbe DOied that -cilizeas
testified that they "i ll tolerate die pcnon 11111 does IIOCliiq 1lul operaie a computer, wllicll is blsically a
home office type ol business . Ms. Halhlway poilllcd out 11111 Council ackMWlcdps Iha& lhCle busin 1111
exist. just u Mr . Stitt llllcd. 1lul Council bas DOI -up witla u dl'ec:li\'C way to deal with Iha& fact
She DOied that unless the City cracks down on enfoniement they will llill ~ repnlless of what Couacil
docs .
City Attorney Brotzman stated that nothina in the pn!pCllld ClOUllcil bill pnilubits anyone fium brinaina
work home: and working on ii. The problem occurs when citizens do IIOI have any other locaaion that they
work from .
Council Member Hathaway llaled that is what she is askina, if there is. way co cWreRntiale --•
home office and a bome occupation. Sbe cited an example of if lbe -.ae IO NII a pulllicalion OIII of ber
home from a CIOlllpUler and did DOI have any other office loc:alion .
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Englewood City C1N1acil
June 19, 1995 ••ae 10
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City Attorney Brotzman Slated thal would be a home oc:c:upalion .
Council Member Hathaway Slated she understood lhal, but med again if lhele is a way to differentiate
belwcen the home office and home occ:upllioo .
City Attorney Brotzman Slated that the regulations at Ibis time in the R·l·A rdalcd to prafeaioaal offices
comes the closest to addressing Ms . Hathaway's a,ncem.
Mayor Bums pointed out that you canaot pick up a mapzinc any DIOR without an article on home
occupations, especially usocialed with campulCl'S.
Council Member Hathaway apeed and IIOlcd tllal IClti-, nmwd al Council's pulllic llearillg oa the
issue indicated citizens do DIil mind Ille aeisNior rumiiDa a lnYd IFICY OUl a(lbeir 11amc, bul objected
to other occupations. SIie DIiled it is a very tcDIDa llihlalioa as cilU.lall do lllll mind dleir neighbor
conducting a home om!palim on one lland. but oa the oda hand they MDI the City to enforce the
restrictions.
Mayor Bums Slated that thcrc aR pcople like appnilers thal wort OUl a(thcir home cxc:lusiwly, but leave
their premises 10 appraise IOIIICthing so they aR operating there business out a( their home.
Council Member Vormittag stated he likes option number 2.
Mayor Bums noted that Council 's task tonight is 10 \'Ole on the initial approval of the proposed c:ouncil
bill and schedule a public hearing.
Council Member Waggoner Slated he feels that if approwd. allowing home occ:upllions in the R-1-A 7.0IIC
.;11 dclcriorate that District. The regulations as proposed, he feels. will be difficult to enforce, i.e . the
ability to prove incrcucd traffic.
Council Member Habcnicbt swed that statr and the Planaing C-missioo havc done an cxcdlcnljob a(
addressing the issues . She feels that Council Member Hadlaway's qucslion repnling the ability to
differentiate ~'CCII a home off'IClC and home oc:cupllion is ,crmanc to Ibis iauc and bas llill not been
addressed . Ms . Habcnic:bl noted that she bas n,cei\'ed. number a( pboac calls and visits from citizens in
the R-1-A zone who aR cxprasing the same QOIICCfflS that Council Member Wagoner addreaed. She
said she ";11 \'Ole yes on approval of the council bill , bul will be listening c:ardully al the public hearing.
as she feels this is an extremely imponant decision .
Council Member Wiggins agreed with Council Member Wqgoncr's CIOIIIIIICIIII . He cited his pcnonal
experience •i th a home occupation (a Door repair mailltcnancc busillCSI) in bis neighborliood. wllcn:by
another neighbor complained and CIOde enfon:emclll bas pen them 15 days to -and dellisl. TIiey just
rec:cnlly blNlghl the home, have decided they want to~ the bulli-and havc put their llomc bal:k
on the nwkct. He reiterated that he CXIIICW'li with Mr . Wqgoncr's #Mellla!CS and will be \IOlina apiml
the proposed c:ouncil bill .
Mayor Bums swed be agrees these aR imponam issues and he also bas c:onccms a:pccially rcpnling
increased traffic accessing the rcsidcnccs . He said he will wtc in favor a( the c:ouncil bill in order to havc
a public hearing on the issue.
The City Clerk was med 10 read Council Bill No . 25 by title:
COUNCll. BIU. NO. 25, INlllODUCED BY COUNCll. MEMBER HATHAWAY
A Bll.L FOR AN ORDINANCE AMENDING 1'111.E 16, CHAP1Bl 4, OF 11IE ENGLEWOOD
MUNICIPAL CODE . 1915, REGARDING HOME ocaJPATIONS.
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E•ckwood City C.acll
J•ae 19, 1995
Pqell
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COUNCll. MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (•) (II) • COUNCll. BILL NO. 25.
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Ayes: Council Members Hadlalway, Vonnittag. Habcnicbl. Waldamn, Burm
Nays: Council Members Wigins. Waaooer
Molioo curied.
Council Member Hathaway aked about a public bcarina dale. City Clcdt Ellis l1aled that August 21,
1995 will allow for the notice ol public heariaa 1a be published in the Eapwood Cili7.m and Englewoocl
Herald.
COUNCll. MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO SET A PUBUC
BEARING CONCERNING HOME OCCUPATIONS FOR AUGUST 21, 1"5 AT 7:30 P.M. AT
THE REGULAR CITY COUNCll. MEETING.
Council Member Habenicht questioned, as this is an cxtrcmcly wlatilc issue and a lot of people may be Oil
vacation. wbcthcr it would be better to schcdulc later .
Council Member Halhaway pointed out that Aupst 21, 1995 allows for publicatioo in both the
Englewood Citizen and Englewood Herald and that a citizen c:an submit a ldacr to be entered into the
record if they arc unable to attend the public hearing.
Vocere1111ts:
Ayes : Council Members Hathaway, V~ttag, Wigins. Habcnic:bt.
Waggoner, Waldman, Bums
Nays : None
MoliOII curied.
(iii) Manqer SloM pracated a reaw ...... ioD a-die Ulililies Dcpm1w 10
appl"O\'e. by IIIOlion, the pun:basc ol a four uecl drive liolll loadcr a-,.,._ FI . p I Qiapuy ill
the amount olS62.570.00.
City Manager Clark l1aled that --1ly this would lla\'C appeaRd under the Comail AF*. Howcwer,
as the bid came in ova the line item bud&ct, it -lilled under die rqular a,enda . Ml. Ouk llaled llatr
is m:ommcnding approval ollhis pun:basc.
Manager Slowe advised that S55,000 -budFled for this purc:huc in 1995 blllcd OD u Cllimatc from
one ol the bidders. The final bid ol $62,570 is S7,570 -budpt. Ml. SloM explained that tbeft arc
funds available in the Utility Dcpanmml budpt II die Mee,-pipina cXIClllion laal baa pc111p llllCd
until 1996 due to the Ml 1WClllhcr and -calCIIICIII pniblcms.
la rapouc: to Council Member Hadlaway. Ml. SloM aiafimed that this pun:lla will llOI adwncly
impact the budgd for 1995.
COUNCll. MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE THE
PURCHASE or A FOUR WHEEL DRIVE FRONT LOADER FROM POWER EQUIPMENT
COMPANY IN THE AMOUNT or $62,578.00.
Motion carried.
Ayes : Council Members Hathaway, V~tta&, Wigim, Habeniclll,
Wagoner, Waldman, Burm
Nays : None
(b) ApproYc on Sa:ond Radina
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Encle,t'ood City Council
Juae 19, lffl
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1beR -no additional items submitted for appnMI Oii lllCCllld radiag. (Sec Agenda Item 10 • Commt
Agenda.)
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(a) Ma)u's ClloiClC
I. Mayor Bums med tllll Council llas racciwd a prapwd budiet b liil ....,.,..,. ll tbe CML
Annual ConfCRDCC. He requested Council appn,val alSl16.40 b liis Coarcn:ace expeme1.
COUNCB. MEMBER HATHAWAY MOYD. AND IT WAS SECONDO, 10 APl'llOVE THE
BUDGET FOR MAYOR BUllNS' A1TENDANCE AT THE CML CONFEUNCE IN GRAND
JUNCTION IN THE AMOUNT NOT 10 EXCEED DIUI
Ayes: Council Members Hadllway, Vormittag, Wiggins. Habenic:bt.
Waggoner, Waldman, Bums
Nays : None
Motion carried.
2. Mayor Bums cnc:ouragcd Council to aft"cr special recognition to the employees who -W 111
diligently during the recent Dooding which oc:cumid at City Hall.
Council Member Wiggins suggested Council send thank you letters under tbe Mayor's signature.
Mayor Bums a>ncurrcd.
(b) Council Member's Choice
(i) OJuncil Member Habenidlt llalcd Ille llas also dillriblllcd to Collncil a budaet
for her attendancie at the CML A..-1 Confermc:e in Grand JUDClion ia lllc .-al 1176.40 . SIie
requested Council approval .
COUNCB. MEMBER BA THAW A Y MOVED, AND IT WAS SECONDO, 10 APl'llOVE
COUNCB. MEMBER IIABENICBT'S EXPENSES FOR A1TENDANCE AT 1BE CML
ANNUAL CONFERENCE IN GRAND JUNCTION IN AN AMOUNT NOT 10 EXCEED Sl7UI
WITH THE ASSUMPTION THAT THERE WILL BE A CRANCE 10 TRY 10 LOWER THOSE
COSTS IF POSSIBLE AND THAT THE DIFFERENCE IN COST BE'IWEEN COUNCB.
MEMBER HABENICHT'S AND MAYOR BURNS' IS BECAUSE OF THE ATTENDANCE OF A
DIFFERENT DAY AT A DIFFERENT SEMINAR OF THE CONRRENCL
Ayes : Council Members Hadllway, V--Wigias, Habenic111.
Waggoner, Waldman, Bums
Nays : None
Motion c:arricd.
(ii) Council Member Wigim IIOled 11111 llil aeipllorl ia lllc -a,,, Belleview
Park arc experienc:ing brown waler in the early lllOf1liaa llosl, Mlida i fr ly clwl ll!p. He ....
Manager Stowe if the City has nmved complaints and wllr mipl lie casia& lllc prablelll.
Manager Stowe advised that there have bClell a few complaillllS. ,nic:1i -pnay localimd. He llalcd 11111
staff" is attributing the brown waler to the wet weather we arc cxpa iencill&. As Mia w 1111 lallliaed
really low and is now picking up this is to be expeacd. ~. lie IIOled tllll if it docs DIil dear• i,,,
next week the water distribution crew will probably ao tluoup and 011111 the ll),lruu apin to c:lma die
system out.
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(iii) Council Member Vormilla& commented dial die OWIICl' afdle pnipaty 11 4801
SoUllt Grant Sbeel Im llowed dowa Oii -"iq .. il He ............. die .......
(iv) Cwil Member Hllliaway ........ a...._ af CDIIS eeldaeed widl die
for-, Eapl pnipaty ad die pnlpClly .. die 1111111nwe11--, a1p...,_.,. Pallrway ad Bnladway
wllidl die City---. SIie 11111111 dial llie waald lib ID kmw die ....a G11111 iacllldill& on,iml
pun:lllle prices, Dellllillilllll, mairt nor nlwl · t a *· aad if die Cicy llll-, ...aiOII af lelliDa
die.,..._ ia dle-filbn.
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(a) CityMaaataera.t NCI 1 f dlllCwil Wd• EWiwSllliaalldie-,
lllldy--lDdim Cindadla Cicy ..... He ... lie ii .. .._. widl die ........ ....-.
14. City~· .....
(a) Cily Aaamcy .,,_ ........ Cwil ...... aw ---•aw af• old policy
...... die .-ina and ra1U1U11 af Cily pmb. He ffli 1 1 ... die iae lie -liac:t ID die
Pam ud ReaaciOII Onmiseion.
Council Member Wigias .... dial ii.._.. Flack ID die OC-i.-••-
Couacil Member HadlaMY 11111111 Ille ariaiuD)' ...... Cllil iae IP• Ille ..... ., 111'a11iz1e clle
policy . Sbe hiply recammended 11111 Cwil llelld is liac:t ID die Pam aad lta:nldaa C · ·1111
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DATE : Monday. June 05 , 1995
.. ,~ \/ ·~ ' fl,,,,, /?fey5.r--1.--
//'TO: MR. DOUG CLARK
CITI MANAGER
FROM : NANCY PETERSON
COMMUNITY RELATIONS OFFICER
RE : SPECIAL COMMUNITY CLEAN-UP PROJECTS
ON SATURDAY 13 MAY 1995 , THE BUSINESSES AND RESIDENTS IN THE 3900 BLOCK OF
S BROADWAY LINCOLN ALLEY ALONG WITH ENGLEWOOD SAFETY SERVICES DIRECTOR
ALLAN STANLEY, AND CODE ENFORCEMENT OFFICER .IOYCE PAIISONS ASSISTED ME IN A
MAJOR ALLEY CLEANUP . nns ALLEY HAD BEEN USED FOR A DUMPING SITE FOR OLD
FURNITIJRE. TRASH AND TIRES . 1lffi ALLEY ALSO HAD A LOT OF GRAFFITI AND WEEDS ,
GENERALLY AN EYESORE AND NOT THE IMAGE WE WANT FOR ENGLEWOOD .
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A BUSINESS PROPERTY OWNER. NE.AL AND JULIE SMITH OF THE SHIRLEY COMPANY PROVIDED
A DUMP TRUCK. AS WELL AS SEVERAL BACKBREAKING HOURS OF LABOR . WASTE
MANAGEMENT ACCEPTED 1lfREE LOADS OF TRASH AT NO CHARGE . MIICE MAJOR 01!
BOMEBASE IMPROVEMENT LOCATED AT 1050 W . HAMPDEN SOLD THE COMMUNITY FIFTEEN
GALLONSOFPAINTFORSS .OOAS WELL AS PAINTING EQUIPMENT AT AGREATLYREDUCED
PRJCE . DOMINO'S PIZZA PROVIDED SEVERAL PIZZA 'S AND LIQUID REFRESHMENT FOR THE
FORTY PLUS VOLUNTEERS INVOLVED IN THE CLEANUP . ANO'llfER
MAJOR PLAYER IN THE CLEANUP WAS BOB NAUDACB WHO RESIDES AT 3997 S LINCOLN .
HE PROVIDED SEVERAL HARD HOURS OF LABOR AS WELL AS RACKS , AND OTHER EQUIPMENT
NECESSARY FOR THE PROJECT . CRAIG O'BRIEN OF ACE CASH EXPRESS, 3912 S BROADWAY
PROVIDED SEVERAL HOURS OF LABOR AND BROADWAYS BD..LARD OWNER GUG CARTER HAD
A COOLER FULL OF REFRESHMENTS AS WELL AS MUSCLE FOR THE PROJECT. AS YOU CAN SEE,
A LOT OF COMMUNITY PRIDE WENT INTO nns PROJECT .
I SHOULD ALSO MENTION THAT ALL CODE ENFORCEMENT ISSUES HAVE BEEN CLEARED UP, AND
THE ALLEY STILL LOOKS GREAT.
ON MAY 81H. 1995 WE HAD A TWELVE BLOCK AREA (4200-4600 Bl.KS. ACOMA, BANNOCK,
CHEROKEE ) SEVERAL PROPERTIES WERE SPRA Y-PAINim IN BLACK AND RED Wl11f GANG
GRAFFITI .
ON nruRSDA Y MAY 1811i WE HAD A COMMUNITY MEETING AT CLAYTON ELEMENT ARY SCHOOL
TO HELP THE RESIDENTS WITH lliEIRS FEARS, AND TO ANSWER THEIR QUESTIONS . nDS
MEETING WAS ATTENDED BY AT LEAST NINETY RESIDENTS . ENGLEWOOD RESIDENTS , LISA
CONGLETON • KA THERINE FISCHBACH AND ANNE ANDUSON DELIVERED FLIERS FOR ME
TO EACH RESIDE NT IN THE TWELVE BLOCK AREA ANNOUNCING THE MEETING .
O N FRID AY MA Y l 911i • ENGLEWOOD K1W ANIS CLUB MEMBERS JOHN BERLOWITZ. MARK
PALLER AND FRAN LLOYD MET ME IN THE ALLEY OF 4a BU( S BANNOCK CHEROKEE ALLEY .
THEY PURCHASED PAINT , AND REl'ITED A SPRAY PAOOU. TO CLEAN UP AN ELDERLY RESIDENTS
PROPERTY . THIS WOMAN IS OF VERY POOR HEAL TH. AND ON A VERY TIGHT FIXED INCOME .
THE KJW ANIS CLUB IS A COMMUNl1Y ~YICE..OB.Ci.AMZA TION, AND TRULY DID A COMMUNITY
SERVICE WITH nns PRO~. ----: ----.,,,.,..,. _,.,. ,I .., .
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ON MAY 31, 111E ENGliWOOD KIWANIS CLUS PURCHASED AND DONATED TO TIIE
EN(U!WOOD DEPAR'IMDIT OF SAFETY SERVICES, A PROFESSIONAL SPRAY PAINIEl R>R TIIE
PURPOSE OF COMMUNITY a.EANUPS. MIKE M.uc>IIS or BOMDASE AGAIN ASSISTED WJ1H
TIIE SALE OF TIIE PAOOl:R AT COST.
ON JUNE 3RD TIIE ENGLEWOOD KIWANIS CLUS MEMBERS, MARK PAUER, FRAN LOYD, AND
O'IT HANNA, ENGLEWOOD RESIDENTS LISA AND IIIClt CONGUTON, MET llllmC'l'oa Au.DI
STANLEY, JOYCE PAIISONS AND ME IN TI1E 4500 BLOCK OF S BANNOCK TO HElJ> ~ SIX
MORE PROPERTIES OF RESIDENTS WHO NEEDED ASSISTANCE Wl11I TIIE a.EANUP. TIIE
ENGLEWOOD KIWANIS CUJa AGAIN PICICING TI1E COST OF MATl!IUALS AND PIIO\IIDING
LABOR.
ALSO ON JUNE 3RD, KENNY EUCnlC AND ELECTRICIAN TIM WALKDI, (AN ENGLEWOOD
BUSINESS AND ENGlBWOOD RESIDENT) PROVIDED SUPPLIES AND LABOR IN INSTAI.L lJGHl1NG
TO A RESIDENT NEEDING LIOHJ' AT111E REAR OF HEil PROPBl'l'Y. DIUfY D.acrmc AND
TIM WAUma HA VE ADVISED ME 111AT 11IEY WD.L INSTAI.L UGlfflNG AT ANY Pl(l'l!ll1'Y
WHERE I FEE.. HElJ> IS NEEDED.
I TAKE A LOT OF PRIDE IN PROVIDING nos INFORMATION TO YOU, WE HA VE A GREAT CITY
W1111 TRULY ORE.AT PEOPLE UVING AND WORICING IN rr.
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1=== for~ .... and R-..nnts
CINnng Prtv-. Homes and Puiting
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June 19, 199S
Tom Bums, Mayor
City of Englewood
3400 South Elllli Street
Englewoocl. Colorado 80110
Dear Mayor Bums,
DONSTYES
020 Soaflt UpM S....
Engful• DOd, CobadD 80110
Pllone: 711...,.
Pleue be advi-1 tblt due to serious illnela, I 1111 forced to resip u Cbairmln and member of the
Liquor Licwwn8 Board for the City ofEapM>Od. I .. that my resiprioo become e6'ec1ive
immediately.
I ~ enjoyed and apprecialed my opportunity to aw the c:itizeas ofEapwood. Hopemlly,
the Board CID COlllinue to litten and reapoad lfPl'oplillely to the voices al our O)lllffllllliry.
Best of luck to III al you who ue W01D11 to lllllinllin -s build upon EaaleM>Od'• bealtby
environmeat.
Rapecdblly,
~cf")~·c{ s.. _)/r
Don Styes
cc : Brenda Cude, Deputy City Clerk
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:\Ia,·or Tom Bums
City of Engl~wood
3400 South Elati StrM
Englc!wood. CO 80i iO
~ar :\(ayor Bums:
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6-26-9:
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.U. l9 i995
CITY MANAGER'S OFFICE ENGlEWO!!I! co
I wish to submit my r~ignation as a m~b.:r ofth.: Cl.:an. Gr<!<-'tl and Proud
Conunission. I appr.:ciak the: oppurtunitv tu ha\<! sc:r\c:<l un the: Cun1tnissiun ,lml
haYe found th.: c!xperlc!llC.! to b\! quit.: ulu:tbk. For p,:rson:11 !''!:15tms. I .,, ill.
huwc!,·<!r. nnt be: abl.: to cominu.: my appointm<!llt.
\!v best wish.:, to ,·ou. th.: Council :m d !h e C\1 mmi s;.1on .
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June 26. 199S
Mayor Tom Bums and Members of City Council:
Thia ia to notify you that I nut reaign &om the Liquor Licensing Authority eff'ective
immediately. I have moved out of'Enalewood and am no longer eligible to serve.
I have enjoyed my taure with the Authority and extend my bat wishes to all the
members .
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JmSOLUTION NO. !Jd:.
SEBIBSOFIIN
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WBRDAS, tbar9 is a YMUCY iD th• ... __. CS-. an. wl P....t co-m1im;
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WBRUAS, Doas Ar-ad bu applied t.o..,.. u a__. ilfdle ....._.. Clam.
0nm wl Prowl Commipi'llll; md
WRBRIAS, die.....,._ Cit7 Comac:i1 clNira tio appaillt l>oas Arnold to die Wi-.-1
Clem. Gnat md Proud Commipioa;
NOW, 'l"BDBl'OBB. BB rr BISOLVBD BY TBB Cl'l'Y COUNCU. OP TBB cm OP
ENGLBWOOD, COLOBADO, THAT:
Ser:tim 1, J>oas Ar-ad ia Mni,y 111111 ..... to &be Enp.wood Clwa, Gnm and PNad
Cnmri . n d'ect:iff im:mediualy witb tl.lrm apirincDmmbv 10, 1996.
ADOPl'BD AND APPROVED tbia 3rd~ ti .Jaly, 19915.
ATTEST:
Loaaialua A. IDia. a. Clerk
1. Lwrilllda A. mu.. a• an ror die Cir" w ,......_ c.a..111, ._. ..w.,
the aboft ia a true capy ti B.+ttoa No. -S... ti 1111.
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RBSOLUTION NO. ~
SBBD:S OF 1995
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A ~~-aaaueAtu LDII ..... TO TUUIIUOa UcmmNO A JIIOR TRB ClTY OP ENGLBWOOD, COLORADO.
WIIBBBAS, there ia. WC)' in the Enclewood Liquor Ueenlinc Aa&bority; and
WIIBBBAS, Jo,-Lynn Barnes bu applied to....,,. u a member ottbe .....,_.
Liquor Licenlinc AmhoritT, and
WIIBBBAS, dae Bnpwood City C-cil desira to appaint Jo,-Lynn aun.. to tbe
Enclewood Liquor Ueenmr Authority;
NOW, TIIBBBJORB, BE rr RBSOLVBD BY THB CITY COUNCIL OF TBB CITY OF
ENGLBWOOD,COLORADO,THAT: .
8ertim 1 Joye Lynn Barnes ia hereby appointed to dae Enpwood Liquor Ueenlinr
Aathority lft'ectift immediately with term apirinr Aa,uat 4, 1998.
ADOPl'ED AND APPROVED this 3rd clay ol July, 1996.
A'M'BST:
Loacriahia A. Ellia, City a.It
I, Loucriabia A B1lia, Cit,J Clerk for the City al ........ ColaradD, ........, Cllltiry
the aboft ia a~ eapy ollteaohdion No. -S... ot 1111..
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.USOLUTION NO. di£_
SDIBSOP19N
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WBDPAS, 0.-. Clw ia aean-.t ...... ttlllle ..... weocl Do••wa Dow 1hp 1at Ad ity, ad
WIIDPAS, 0.-Clw ._ applied tbr nimta• nwwwt to the Eqlewaod Dowatawa
Doril•n•t Antt ity ... ....._..._;mid
WW, die -...,,weocl CityCGaacil dam. to Nappaint Gordon et... to die
Pncl• •ood DowntiowD Drralr,.....t Aadaority ror anoth• term;
NOW, 'l'IIDDOa, BP rr DSOLVED BY THE C1TY COUNcn. OP THE crrr OP
BNGLBWOOD, COLORADO, THAT: .
8ecSi:n 1 Ganim Clw is henby NaN inted to the Knpwood Downtown Drwl p nt
Ada ity. Ganlaa a..·. --wiD be~ inunediately with --....... .,_ 30, 1111.
ATTPST:
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BBSOLUTION NO . .!:l!J.
SBIIIBS OP 11115
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WHIBPNJ. Slaft ColliDa ia a carrmt ....._.fLdae .... _.. 0.-...
0.-.1,,., ct Authority; wl
WBPRRAS, S...Colliubaaapplied.&rl'lliartntsccrttodae .......... DowataWD
I>ftelopmmt Audlority ......... ~ ...
WIIBBBAS, die Bnale•_. Ci9C--..._ to .-.111illl& S... CoUiu to die
Pqlewood Downtown ~ Alldaority 1w uocber term;
NOW, THBBDOBB. BR ff DSOLVBD BY TRB CITY COUNCIL OP TBB CITY OP
BNGLBWOOD, COI.OBAI>O,TBAT:
ATTl:ST:
1. 1-riallia A. lllil. av an 1w t1ae a., tL-..,, • ...._ 0,1,....._..., _.,
die.._ ia a tne copy fLlrh e:-No._ S...fL 1111.
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BBSOLtmON NO. tfL
SIIIES OP 1111
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A DSOUfflON IUl'lall'IIIIQ IAINN -TO TIIB t.1111J1DR l.lmNIDfG
MIIW'I fOR TID CITY OP DGLIWOOJ>, COLOBAJ>O.
WBDPtaS, ....... hit• a canat ...._. altbe ._..._. u.-, r;---.
Ad At),aad
WBDl'AS. ......_ hlt'a ._. ....._ Aapa4, 1111; wl
WBDl'AS, ..... hit lllaapplied f'ormD1At-nmt tD tbe lllapaood ~ '=-aias Arl 1Titf tar....._ tarm; and
WBDl'AS..... ... NdCit,Coancil dniNI .. rappaiat ..... hJt ......
....... ,..... [ i-• I AP@ I ;W fbr another term;
NOW, rarmoa. BB rr DSOLVED BYTBB ClTY COUNCIL OP TIIB ClTY OP
BNGI.SWOOD, COLOIIADO, THAT:
8edien J ........ Po,t ia !lenby ~ tD tile...._. 1....-Iiem1m1
Ad iQ . 8utaara Poat'a Imm will be .._. hmnedi•Jy witla Imm apiriac A-pat 4,
1918.
ADOPl'BD AND APPROVED tbia 3rd 1187 al .July, 1111.
ATTEST:
wacrilllia A. .... Qty Ciak
I, Lalllrilllia A. IDia, Cit, Ciak fir tbe Cit,, al Piy,--. Colorado. Mnb7 oerti1:,
tlle aboft ia a era 11py alB1•h I'm No._ Serill al 1111.
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llBSOLUTION NO. 'ti_
SDIBS OP 19915
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A BBSOLUTION l'fAII' LAIIUII TO TBB ClilUlf. calll'II
Am NOUD OONNl8l'ON R TBB CITY OP BNGLIWOOD, COLOBADO.
WIIBUAS, there is a ftCallCJ iD die ......... C1ND, Gnm ad..._. C e••I I n;
and
WBBIIBAS, Stan Lap ha applied tD _... a a membll' cifdae .....,_. C1ND, GNm
and Prawl Commiuian: and
WIIBUAS, the ......... City CoaDCil dallnl ta appoint Stan Lap ta the Bapwaod
Clean, GNm uul Prawl Ccneiaaim;
NOW, TRBBDOBB, BB rr USOLVBI> BYTBB CITY COUNCIL OP TBB CIT!' OF
ENGLEWOOD, COLOBADO, THAT:
8ed;iqn 1 Stan t.a,a is MNbf app L'iatwl tD die .......... Clea, GNm and Prawl
Commilaion efFect:ive rmmedietaly with tam apiriac D•c•mher 10, 1998.
ADOPTED AND APPROVED tbil 3rd day of July, 1995.
ATTEST:
IAacriallia A. BIila. City Clerk
l. Loucmbia A. mu.. 09 Clerk &r the a. flW •-. Ce1an11D. ._. _.,
the aboft ia a t:n. oapy cifB nladln No._ 8erila fl 1111.
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BES0Ltm0N NO. r;J)
SBIIIBS OP 19915
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~WTION 'I& ~--J4:. '' -· -
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IDfGLBWOOD, COLORADO.
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,Oil TBB CJTY OP
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WBDBAS, tu Pub Uld Becra&:iaa Commission CGD1i1b al nine members. two al
wb--tD be llllUI' tile• ......... JWS what 111111aiatad far--. tD apin on .Jane 1,
of the fbUowinc year; and
WIDBBAS, tile City Coancil clesires to appoint a yuatb member far tile term apirins
.June 1, 19N; and
WBBBBAS, DIIDW McKay..-the reqainmmta Nt fonla by Clar ComM:il tor
appointment to the Pub and Becnat:ion Ccmnnillion;
NOW, TIIDDOllE, BB IT RESOLVRD BY TBB CJTY COVNCU. OP TBB Cl'l'Y OP
IDfGLBWOOD, COLORADO, THAT:
SerHen 1 Daiei McKay is henby appointied u a yuatb member tD the Parka Uld
Jtecnman Commiuion. Bil t.erm lbal1 apin .June 1, 1996.
ADOPl'ED AND APPROVED this 3rd day of .July, 19915.
A'M'BST:
Loacrilhia A. IUia, City Clerk
I, Laacmbia A. BDia. ~ Clark &r tile a.., .......... Ce11n11a. ... _. die
aboft ia a tna Olll'J of B•+ticm No._ S.-al 1111.
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BBSOLtmON NO. f2/_
SBBIBS OF 1991
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t.r.:°"mON GUDD m TO TBB IMLl,D' C&hi&&
· 90A8D IOR TD ClTI' OP DfGLBWOOD, COLORADO.
WBBBBAS, there ia a.--,• tlle lilallay C.... Trut Pand Board: and
WIDltBAS, Galdys ...... baa applied 1lo --......... oldie Man., C.•Trut
Pwul Board; and
WlDlt&\S, tbe Bnpwood Cit, CoaDcil ... to appoint Gladys ....... die....,
Cent.er Trlllt Fund Board:
NOW, TBDEPOBB. BB rr BBSOLVED BYTBB crrYCOUNCll.OFTBB crrYOF
BNGLBWOOD,COLOL\DO,TBAT:
Sectiea L Gladys Remel ii henbJ appoint.eel tio the Maney Cent.er Trut Fuad Board
e&ctift imnwti•tN:, with tarm apirias April 20, 1998.
ADOPTED AND APPROVED tbil 3rd day oC July, 191M5.
Tbomu J. Barna. ...,..
ATTBST:
wacrilbia A. ... Citr a-
l. Lwri±i• A.. .... a_. a-... tbe Cl;, ot .......... c-... _., ....
the...,. is a a--.., af P I ti No. -S... ti 1111.
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USOLUTION NO. ~
SEBIBSOFI995
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A BBSOLtrl'ION ••11110118ftllac&•oma SAUNDm TO ¥0 I ......... , ,...,.an.
WHCIIAS, Orris Saanden ii a earrmt ....._. afdle MaDe, CeatarTrut 1'IUld
loud; aad
'WBDBAS, Orris Saunden' tarm apind April 20, 11115; aad
WIIBIIBAS, Orris Sanden ha applied tbr rwnltat4ment to die MaDe, Center Tnut
Fund Board for another term; and
WIICDAS, die Bapwood City Coancil delirel to reappoint Orris Sanden to the
Malley Cater Tnut 1'IUld Baud tbr another term;
NOW, TIIDBPOBB, BE rr DSOLVBD BYTBB CITY COUNCU. or THE CITY OF
ENGLEWOOD, COLOBAI>O, THAT:
ftecS1nn J Onu Saanders ii....., ruppainted to the Malley Center Trut Pland Board.
Orris Seaadan' term will be l6ctive immedia~ with term upirinc April 20, 1991.
ADOPTBD AND APPROVED this 3rd day af Jaly, 199CS.
ATTEST:
wllCl'illua A. m.. ~ an
I, L•i:riallia A. 1:11ia. Qq <ln 111' tbe Cjf.Y .,........, Col .... benby WW, the.._ ii a tne capy af P-h e-a No. -Seriel af 11N.
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smm:8 OP l9INS
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A BISOUJTIOM ......... ,.,,,, ICWWUIDI' TO TBB
9llr 11111D ao"llllnoa TD CffT OP BNGLBWOOD, COLO
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WBBUAS, Mm;arie Scltwiad& baa appliad t.o ~ u a....._. aftbe llaDey Cmtar
Truat P1md load; ...
WHBBIAS, die ........ City ComlCil __.. t.o appoint llarjorie Scltwindt t.o tbe
MallaJ Cemar Truat Plllld a.rd;
NOW, TIIDBIOD. BB rr BBSOLVED BY TIIE CffY COUNCIL OP THE CITY OP
BNGLBWOOD, COLORADO, THAT:
Sec:ticr t llmjorie Scltwindt is__,. aw,int4'f t.o tbe ...., c.tar Trut Panel Board
~ immediate!:, with tam apiriac April 20, 19N.
ADOPTED AND APPROVED dua 3rd dq af Jal:,, 1995.
ATTEST:
Loaaubia A. Billa, Qty Clerk
I, 1-riama A. 111ia. City Clark &r die City af .......... c.lando. illlnby _...,.
the abo¥e ii a true capy afB1rhdlaa No. __ Serlea af 11N.
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RBSOLUTION NOfit_ ~ J)tb ~. X
SEBIUOP1996 ~v-~nO~
A BBSOLUTlON -2 WWW MYID WdllD TO TBB UIIUO& UCDBIMG r U/1""' ·-
WIWI Nlt'l'III cm OP BNGLBWOOD, COIDIW>O.
WHEREAS, Dewiel Warmr llu applied to Nne u a mamber r,ltbe .....,._. Liqmr
Licenainc Aadloritr, ud
WBBBBA8, tbe Bllcle.-ood City Council clNins to appoint Daw! Warw • tbe
Eqtewood Liquor Uoenemc wtr.
NOW, TIIBBDOBB, BB rr BBSOLVBD BY THE cm COUNCU. OP 1'IIB crrr OP
ENGLEWOOD, COIDIW>O, THAT:
Hecttcm 1 DPicl Warner is hertbJ appointed • the Bap.-ood Liqaar' Lirmlinc
Authority .«ect:iw imnwtiatieiy rib tarm apiriac Aapat 4, 111'7.
AJ>OPTBD AND APPROVED tbil 3rd day r,l ,Jaly, 1996.
A'M'EST:
Loacriallia A. Ea, ett,-Cln
I. Loacrisbia A. EDia, City Clerk ... tbe City " .......... Collrallo. .... oard'y
the abow is a tzu copy ol ....... No. -S.-flllll.
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B.BSOLUTION NO. tJS
SBBIBS OP 1111
A BBSOLUTION
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WBEBEAS. dine is a yomb -=--7 on die.,.__. Pablic Ubnl7 Boud; ~
WBEBRAS. Sabrina Williama bu applied far a appoinbNnt u :,aatll _._. ta
die .Bapwoocl Pablic Libru7 Boud; ad
WBEBRAS. the Rapwoocl Cit7 CoaDCi1 clMil99 ta appaiDt SebriDa WiDiw u
youth mnabar ta tbe ...... Pablic Libnr7 Boanl;
NOW, TIIDRIOIIR. BB rr BPSOLVBD BY TBR CJ'l'Y COtJNCU. OP THE CJ'l'Y OP
ENGLEWOOD, COLOBADO. THAT:
Sectim 1 Sabrina Williama is her9by appointed. yom11 ---·ta die.......,._
Pablic Libnr7 Board ad 11111:h tar1D uall apin .JIIDI 30, 1911.
ADOPTED AND APPROVED this 3rd day r4 .July, 1111.
A'M'RST:
I, l.122 1 t I A. .... Cilr Ciak Ar die Cilr fllZnl' 1 •-. Celllada.--, artif:, die_.. ia a er. CIIPJ flll I M Mo. -8'rill fl 1111.
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COUNCIL COMMUNICATION
Dae.
July 3, 1995
STAFF SOURCE INITIATED BY
Public Wortcs Charles Es18r1y . Director of Public Wortcs
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved the 1995 Public Improvement Fund, which included monies for the repair and upgrade of the
Logan Street Bridge and Approach Rail Systems at Little Dry Cl'Nk.
RECOIIIIENDED ACTION
Staff recommends Council award by motion a cons&ruction contract in the amount of 1--.00 fir ... Dlelgll
C1n1tr11l1 I CI .. I It for the repair and upgrade ID the Logan S1r'Nt Bridge and Approach Rail Syslllms.
BACKGROUND, ANAL YSII, AND AL.181NA11VD IDl!N1FIED
The new repairs and upgradN .. bring the Logan SlrNt Bridge and Approach Rail ~ up ID Colorado
Oepai1rnel it of Tranaportation •mm.
During the period of cons&ruction, .,., dilruptiona lo trwllc low along Soultl Logan ..... be COl•dllld by
New Design ConltrUclion Company and_. Mqln prior appruval by the Public WDrb Tr'llllc Engi-:iig and
Police and Fire Admioilll lllion .
The project conlilta of a bale bid for the clNnlng and painting of 10 IINI beama wil'I an ....... paint. • wal
• the upgrade of five and anchoragN and 98 l.f. of handrail 1o Colorado C>epa11na11 of r .. ......, .....
Staff rec:eived thnNt (3) bids for thil prajec:t. The low bidder ii Maw DNlgn COllllnlcllon Colnpanj.
Staff recommends award of 1h11 contract to New Design ConltrUclion Company in the amount of $35,400 .
The engineer's estimate for 1h11 project la $49,4'8.
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CITY OP BHGLBWOOD, COLORADO
THIS CONTRACT and agr-t, -de and entered into this 19TH day of
JUNE, 1995 by and between the City of Bnglewood, a municipal corporation
of the State of Colorado hereinafter referred to as the •city•, party of
the first part, and NEW DSSIGN COIISTRtJCTIOIJ co., hereinafter referred to
as the •contractor•, party of the aecond part. lfI'nlBSSBTB, c-cing
on the 10TB day of MAY, 1995, and continuing for at least ten (10) daya
ther-fter the City advertiaed that •-led propoaala 'IIIOUl.d be received
for furniahing all labor, tool•, auppliea, equipment, -teriala and
everything neceaaary and required for the following:
PROJECT: 1995 RBPAIR AND UPGRADE OP BRIDGE AND APPROACH RAIL SYSTEMS
WHBRBAS, propoaal• purauant to said adverti•-t have been received by
the Mayor and City Council and have been certified by the City Bngineer
to the Mayor and City Council with a reC'OIIIPelldation that a contract for
aaid work be a-rded to the above naaed Contractor who waa tbe la.eat
reliable and reaponaibl• bidder therefon, and
WHBRBAS, purauant to said nc~ ation the Contract haa been awarded
to the above naaed Contractor by tbe Nllyor and City Council and aaid
Contractor ia aow willing and able to perfona all of aaid work in
accordance with aaid adverti-t and hia proposal.
NOW TIIDDOU, in coaaidaration of tbe COllllpalaatiOD to be paid tbe
Contract, tbe mutual agTe nta bereinafter contained an subject tbe
the tenia baninafter atated:
A. CAPtrec;t; Don-,ite: It ia agned by tbe partiu banto that the
followi.D!J liat of inat~ta. drawiaga and ~ta wbich an
attacbad banto, bound herewith or incoq,orated benin by
refer.nee conatitut• and shall be referred to eitber u the
Contract ~ta or the Contract and all of aaid inatZ'laellta,
drawinga, and ~ta taken togetber as a whole coaatitute the
Contract bet-the partiu hereto and tbay an u fully a part
of thia agr-t as if they -re nt out verbatill and in full
herein:
Advertiaeaent of Notice for Propoaala
Propoaal
Contract (thia inat~tl
Perfo~ce Payment Maintenance llond
Receipt, Releue, Waiver of Clai ..
Special Proviaiona
General Coaditiona
Detailed Specifications
Plana and Drawing•
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COUNCA. COlalUNICATION
Date
July 3, 1995
INIT1A TED BY
Public Wortcs
Agendallllm
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COUNCL GOAL AND PREVIOUS COUNCIL ACTION
Council approved the 1995 Public Improvement Fund, which included monies for the repair and upgrade of the
Logan Street Bridge and Approach Rail Systems at Little Dry Creek.
RECOIIIENDED ACTION
Slaff l1ICOIT1fflellds Council award by motion • c:onstructian contract in the amount cf ..... fir ... .,....
CJ F II &IIIR Cl ••if for the repair and upgrade ID the Logan S1ra Bridge and Approach Rail Sysl9ml.
BACKGROUND, ANAL YIIS, ANO AL TEIINATIVU IDBITFl!D
The new repairs and upgrades wil bring the Logan S1ra Bridge and Approach Rail Syama up ID Colorado
Depa,1mait of Trw~ ... ldards.
During the period of canstruc:tion, My dilnlptiona ID trafflc flow along South Lagan Slnlat wil be COiillollld by
New Design Conslruction Company and wil f9qUir9 prior approval by the Public Wortcs Traffic Enginwlng and
Police and Fire Adminilll lllioo"I .
The project conlista of• bale bid for the clNning and painting of 10 IINI bwna wllh an anti1,lal'IIII paint. • wel
• the upgrade of live and anc:horagN and 98 l.f . of hand.all ID Colorado Depar1n•1t of Trw...,...., •mm.
Staff received thrN (3) bids for this project. The low bidder is NN Deelgli COM1rUCt1on eo...pany.
Staff recommends award of this contract ID New ONigr'i ConslNction Companf In the amount cf $35,400.
The engineer's estimate for this project Is $49,448.
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FINANCIAL .-ACT
The ftnal bid tabulations are • follows :
1. New Design Conllrudlon Company
2. Ed~&Sons
3. KEC1 Colorado
Engineer's Eatirnallt
$35,400
$51,420
$48,300
$49,448
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Funds for this project went budgelild In the amaunl al $50,000 In the 1995 Public lmprovernent Fund. The project
cost surnnwy inc:ludlng to eta .......... follawa:
Conllruction Com
Adn*1. I E11gi1N1ing / Conti1ge11c:.y
Tolal
UST OF ATTACHIIENTII
$35,400
L.IJllll
$41,411
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CITY OF ENGLEWOOD, COLORADO
THIS CONTRACT and agre-t, -de and entered into this 19TH day of
JUNE, 1995 by and bet-en the City of Englewood, a municipal corporation
of the State of Colorado hereinAfter referred to as the •city•, party of
the first part, and NEW DBSIGN CONSTRUCTION CO. , bereinAfter referred to
as the •contractor•, party of the second part. WITNBSSBTB, coaaencing
on the 10TH day of MAY, 1995, and continuing for at 1 ... t ten (10) days
thereafter the City advertised that sealed propoaals would be received
for furnishing all labor, tools, supplies, equipment, .. teriala and
everything necessary and required for the following:
PROJECT: 1995 REPAIR AIID UPGRADE OP BRIDGE AIID APPJIOACII RAIL SYSTEMS
WRBRUS, propoaals pursuant to aaid adverti•-t have been received by
the Mayor and City Council and have been certified by the City Sagi.Daer
to the Mayor and City Council with a reca d•tioa that a coatract for
said -work be awarded to the abc,,,. ~ Coat:ract:or vbo -. the l_.t:
reliable and reaponaillle bidder t:herefon, aad
1IIIDBAS, pursuant: to said rec a :tat:ioa the Coat:ract: baa bema a~
to the above~ Contractor by the Mayor aad City Couacil aad said
Contractor is now willing and able to perfoni all of said -work in
accordance with aaid adverti-t: aad his prapoaal.
NOif TBDBPOU, in cOD11idarat:ion of the C011pa1.aatioa to be paJ.d the
Contract, the mutual agr-t• bani.Dafter coat:ained an INbject the
the tezwa hereinafter stated:
A. CAPtnst QQnJNDte: It i• &fJr..cS by the parei .. bent:o that the
following liat of inat:ruaents, draviaga and ~ts *ich are
attached bent:o, bound herewith or incorporated benin by
reference cOD11t:it:ut:e and shall be nferr.d to either u t:be
Contract ~t:• or the Contract aad all of said inat~t•,
drawings, and ~t• taken together u a vbole coaat:itute the
Contract bet-en the partie• bento and they an u fully a part
of this agre-t as if they -re set out ven,at:i.a and in full
herein:
Advertisement of Notice for Prapoaal•
Proposal
Contract (this inatruaent)
Perforaance Payment: Maintenance 8oad
Receipt:, a.1 ... e, Waiver of Claiaa
Special ProvisiODII
General CoaditiODII
Detailed Specificat:iODII
Plans and Drawings
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B. $<;ape gf Wgrk : The Contractor agrees to and shall furnish all
labor, tools, supplies, equipment, materials and everything
necessary for and required to do, perform and ca1111lete all the
work described , drawn, set forth, shown and includad in said
Contract Documents.
c . Tom• gf Rerfg;gpapc;•: The Contractor agrees to undertue the
performance of the work under this Contract within ten (10) days
from being notified to caaaence work by the Director of Public
Works and agrees to fully complete said work within TIIIltTY(lO)
calendar days from the date of said notice, plus such extension
or extensions of ti-•• may be granted by the Director of
Public Works "in accordance with the provisions of the General
Conditions.
D. IeDP,1 of 2A¥JMPt : The City agrees to pay the Contractor for the
performance of all the work required under this contract, and
the Contractor agrees to accept as hi• full and only
compensation therefore, such sum or sums of money•• may be
proper in accordance with the price or prices set forth in the
Contractor'• Proposal hereto attached and made a part hereof,
the total estimated coat thereof being TRIJlTY-FIVB TJIOtJSAIIII)
FOOR IICNDRBD dollars ($35,400 .00) .
&: • Appropriatfop of •nod•: At prHent, $50, ooo has been
appropriated for the project. lfotwithatandi.Dg anything
contained in this .Agre nt to the contrary, in the event no
funds or insufficient tunda are appropriated and budgeted by
the governing body or are otherwise UD&Tailable by any -
whatsoever in any following fiscal period for wbich
appropriations -re received witllollt penalty or expenae except
•• to thoae porti-. of the Agre t or otber -ts berein
for which funds ha,,. already been appropriated or an
otherwise aTailable .
The City shall 1-diately notify m DUICJII aasrauc.TIQI
CCNPAIIY or its assignee of such oc:c:urrence in tbe .,,_t of 8IICb
termination.
P . CAPtnst 11nd111&: It ia agreed that this Contract shall be
binding on and inure to the benefit of tbe parties bereto, tbeir
heirs, executors, adainistrators, ... ipa, and sw:ceaeora.
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..-nr wrnaus IIIIDBOP, tba parti•• •-caued tbeM preaeata to be •ignad
per•oaally or by their duly authorised officen or av-nt• and their
•-l• affixed and duly att .. ted the day Uld Y9&r fint atiov. written .
Thi• Contract i• executed in three(l)countazparta.
ATTBST:
City Clerk
Approved .. to fora:
City Attorney
A'l"l'BST :
Secntary
CITr OP -..aJD
by-==-------Nayar
Party of tbe Pirat Part
by --==...,..,....,,,,.~==-:::~ Party of tii,i 8ecaad Part
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. 1N5 BRIDGE REPAIR AND Ul'GRADE
BID l'ROl'OSALS TABULA T10N
Bidder' Plan Holder 8-Bld Bond
$49,448
$35,400 X
Ed~&Sona $51,420 X
MS,300 X
11.0N aiboeR: NEW DESiGN CONSTRUCT10N. S35.400
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COUNCIL COMMUNICATION
DATE AGENDA ITEM SUBJECT
July 3, 1995 11 a ii Flood Plain Ordinance Amend-
ment
INITIATED BY: STAFF SOURCE:
Department of Community Development Harold J. Stitt, Planning Administrator
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION;
Prevjous Actjon: Comprehensive Zoning Ordinance of 1985, as amended by Ordinance #30,
Series of 1987, and Ordinance #13, Series of 1989.
RECOMMENDED ACTION;
To adopt an ordinance which amends the Flood Plain Ordinance by incorporating the date of
the most n:ccnt Flood Insurance Study report.
In 1993, the Federal Emergency Management Agency (FEMA) bepn a process to update the
Flood Insurance Study (FIS) report and the Flood Insurance Rare Map (ARM) for the City of
Englewood . In 1994, FEMA determined that modifications to the base (100 year) flood ele-
vations on a portion of the South Platte River and in the West Harvard Gulch were necessary.
The new base flood elevations were determined by FEMA and official public nocice made in
the Englewood Herald and the Federal Register in November, 1994 and January, 1995 respec-
tively . After the final publication by FEMA a ninety day comment period followed. This
comment period has now closed, and the City is required to amend the Flood Plain Ordinance
to reflect the updated FIS report.
In order to comply with this requirement, Section 16-4-16 C 3 must be amended to indicate
August 16, 1995 as the effective date of the FIS and FIRM rather than the current date of
April 17, 1989. If this amendment is not accomplished by August 16, 1995, the City could be
suspended from the National Flood Insurance Program.
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flNANCIAL IMPACT;
Thac will be no direct financial impact to the City as a rault of action taken in .this matter,
however, failure to adopt this amendment will rault in the suspension of puticipllion in the
Federal Flood Insurance prosram.
UST Of AJTACIIMDj'[S;
Propoled Flood Plain Ordinance Amendment
March 27, 199S letter to Mayor Thomas Bums from Fred Metzler, FEMA
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(I) Federal Emergency Management Agency
Region VIII
Denyer Federal Center, Building 710
Bo1 2526 7
l>e11Yer , CO 80225-0267
MAR 3 'J 1995
Mardi 2), 1995
The Honorable Thomas Burns
Mayor, City of Englewood
3400 South Elati Street
Englewood , CO 80110
Cert;ifie4 Mfil Return
Receipt BeQJleatea
RB: Floodplain Ordinance Revision
Dear Mayor Burns :
In a letter of February 16, 1995 (enclosed) the City was informed
of the completion of an updated Flood Insurance Study (FIS) and
Flood Insurance Rate Map (FIRM). The letter stated that
floodplain management regulations had to be adopted or evidenced
by the effective date of the FIS and FIRM of August 16, 1995.
Revision of the City's Floodplain Ordinance Section 16-4-16 C.
(3) to show the August 16, 1995, date of the Flood Insurance
Study is all that's needed to meet current regulatory
requirements. It is important that the adopted revision be sent
to us prior to August 16, 1995, to avoid suspension from the
National Flood Insurance Program. Please contact me at 235-4835
if you have any questions .
Sincerely,
/:!&A-~~~----
Enclosure : 2/16/95 Letter
Fred Metzler
Program Specialist
Mitigation Division
cc : Mr . Harold Stitt, City of Englewood
Mr. Hal Knott·; COEM
Mr. Brian Hyde, CWCB
Mr . Bill DeGroot, UD&PCD
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ORDINANCE NO . _
SERIES OF 1995
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BY AUTHORITY
A BILL FOR
OOIJNCIL BILL NO. 36
INTRODUCED BY COUNCIL IIBIIBU _____ _
AN OaDINANCE AMENDING TITLE 16, CHAPl'Bll 4. SBCTION 16,
SUBSECl'ION 16 C OF THE ENGLEWOOD MUNICIPAL CODE PERTAINING TO
TRB PLOOD PLAIN ORDINANCE.
WHEREAS, in 1993 the Federal Emergency Management Agency (FEMA) began
a proceu to update the Flood Insurance Study (FIS) report and the Flood Insurance
Rate Map (FIRM) for the City of Englewood, Colorado; and
WHEREAS, in 1994 FEMA determined that modifications to the bue (100 year)
flood elevations on a portion of the South Platte River and in the West Harvard Gulch
were necessary; and
WHEREAS, the new base flood elevations were determined by FEMA and official
public notice made in the Englewood Herald and the Federal Register in November,
1994 and January, 1995 respectively; and
WHEREAS, after the final publication by FEMA a ninety day comment period
followed, this comment period closed and in order to comply with this requirement
the City is required to amend the Floodplain Ordinance to reflect the updated FIS
report;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
5es;tjpn 1. The City Council of the City of Eqlewood, Colorado hereby amends Title
16, Chapter 4, Section 16, Subeection C 3, of the Enclewood Municipal Code 1985 to read
as follows :
16-4-16-C-3 . Flood Plain District Boundaries. The boundaries of the Flood Plain
District shall be identical to the areu of 1pecia) flood huard identified by the Federal
Emergency Manapment Apncy in the FJAACi ln19pncc Study dated ,'\tll ii 17, 18118
AUGUST 16, 1995 and the accompanyinc Flood Insurance Rate Map (FIRM)
encompassin1 the City of Enelewood, Colorado.
The boundaries of the West Harvard Gulch Flood Hazard Area shall be u shown on
Sheets 13 and 14 in a report entitled FJAACi Ueent Are• Ptlioutjpo Uancvd Qplcb
West ffaryard GµJcb and Pa GuJcb dated December, 1979, prepared by Ginpry
Associates, Inc ., and approved by the Colorado Water Conservation Board on
January 30, 1980. The areas of"flood danpr" as identified on Plate 4 in the Study
entitled Stprm Qrajnap PJoo fqr the Cjty rt Rorlcwpqd CpJppdp dated January,
1971, prepared by Sellards and Gria, Inc. The 1IIOlt recent Flood Insurance Study
and accompanyin1 FIRM prepared by the Federal Emerpncy llanapment Acency,
Sheeta 13 and 14 of the FJAACi U•ent Are• P,Jjn,etjp Hv:unt QgJcb wt•
Haryard Guieb •od Dry GuJcb December, 1979, Ginpry Auociat.ea, Inc., and Plate
4 of the Storm Qreioen PJeo for tbt Cjty e( Rorlnreed CqJemde January, 1971,
Sellards and Gria, Inc., are hereby declared to be a put of this Ordinance, and the
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official study and maps shall be on tile in the offices of the City Clerk, Encineering
Services and Community Development, Englewood City Hall, 3400 South Elati Stnet,
Englewood, Colorado.
lntrod.-d. re.I in full, and puaed on tint readinc on the 3rd day of July, 1995.
Publiahed u a Bill for an Ordina.-on the 6th day• July, 1996.
'lbomaa J. Burn1, llayor
ATTEST:
Loucriahia A. Ellis, City Clerk
I, Loucriabia A. Ellis. City Clerk • the City • Enclewood. Colorado, hereby certify
that the above and forepinc ia a true copy • a Bill for an Ordinance, introdaeed.
read in full, and puaed on ftnt rudinc on the 3rd day fJL July, 191&.
Loacriabia A. Ellis
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Date
July 3, 1995
INITIATED BY
Election Commission
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COUNCIL COMMUNICATION
11 a i;;
Subject
lntergovem,rw,tal
Agreement with Arapahoe
County for Coordinated
Election Services
STAFF SOURCE
Louaishia A Ellis, City Clerk/Election
Commission Member
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
On September 7, 1993 City Council approved an ordinance authorizing an intergovernmental
agreement between Arapahoe County and the City of Englewood for the November 2, 1993
Coordinated Mail Ballot Election.
On August 1, 1994 City Council approved an ordinance authorizing an intergovemrnenta
agreement between Arapahoe Ccu,ty and the City cl Englewood for the November 8, 1994
Coordinated Mail Ballot Election.
RECOMMENDED ACTION
Approve, by ordinance, an intergovernmental agraement between the City cl Engln'ood and
Arapahoe County for the November 7, 1995 Coordinated Mail Ballot Election
Because of State Legislation and the Taxpayer's Bill cl Rights (TABOR) anwldrnel1t approved
by the voters in 1992, coordinated elections are to be conducted throughout the State by
County Clerks. Arapahoe County hu advised the City cl Engi.wood it will be conducting a
Mail Ballot Election on November 7, 1995. The County hu the capability cl coordinating this
election and including the City cl Englewood.
The Election Convniuion agrees that it is in the belt inlerNt cl the elec:b'I cl Englewood lo
conduct future elections jointly with the other political entities within the Cou,ty. In order lo
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participate in the 1995 coordinated election, it is essential far the City of Englewood to enter
into an intergoverrvnental ~ with Arapahoe County.
Staff has reviewed the proposed in1argovemn1ent agreement with Arapahoe County and
concurs with the Commission's rec:omnwldation.
FINANCIAL IMPACT
Since costs are based on l8VW'8I variables, i.e. the runber d '9gistered eledal • in the City
of Englewood at the time of the election, the number d ballot qi iestions, the number d entities
participating the election, the fina,cial impact ia only an 81timata. Based on the known facts ,
the cost of the 1995 municipal election has been blldgeted at $20,000.00.
UST OF ATTACHMENTS
Proposed Council Bill No. 30
Proposed lntergoverm,ental Agreement for COOi dil lllled, Mai Ballot Election
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ORDINANCE NO. _
S~OF1995
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BY AUTHORITY
A BILL FOR
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COUNCU. BILL NO . 30
INTRODUCED BY COUNCIL IIIDIBBlt _____ _
AN ORDDfANCB APPROVING AN INTBRGOVBRNIIBNAL AGDIDIBNT
BETWEEN THE ARAPAHOE COUNTY BOARD OF COMMISSIONERS BY AND
THROUGH THE ARAPAHOE COUNTY CLERK AND RECORDER AND THB
CITY OF ENGLEWOOD TO CONDUCT A COORDINATED ELECTION ON
NOVEMBER 7, 1916.
WHEREAS, pursuant to the Uniform Election Code of 1992, pvemmental entities
are encouraged to cooperate and conaolidate elections in order to reduce tupayer
expenses; and
WHEREAS, Arapahoe County and the City of Englewood have determined that it is
in the beat interest of the tupayen and the electon to conduct a coordinated election
for the November 7, 1995 election; and
WHEREAS, the Colorado Constitution Article X. Section 20, requires the production
of a mailed notice ("TABOR" Notice) concerning certain ballot iuues that will be
submitted to the electon of Arapahoe County and the City of Englewood; and
WHEREAS, the TABOR notices of several jurisdictions are to be sent u a package
where jurisdictions overlap; and
WHEREAS, there should be county-wide coordination of the production and
mailing of the TABOR notice package to effectuate the purposes of said constitutional
section; and
WHEREAS, the County and the City ol Enllewood desire to set forth their rupectiw
responsibilities for the General Election and for the production and mailing of the
TABOR notice package pursuant to the Intergovernmental Agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1: The City Council of the City of Englewood, Colorado hereby approvet an
intergovernmental qreement between the Arapahoe County, by and throu,h the
Arapahoe County Clerk and Recorder, and the City of Enllewood to conduct a
coordinated election November 7, 1995. 'nae Intergovernmental Agreement For
Coordinated, Mail Ballot Election is hereby accepted and approved by the £nslewood
City Council and the Mayor i1 authorized to uecute and the City Clerk to attest and
aeal the Agreement for and on behalf of the City of Enllewoocl.
Scs;tjpn 2. The Intergovernmental Agreement For Coordinated, Mail Ballot
Election i1 attached hereto u "Exhibit A.•
Introduced, read in full, and puled on ftnt Nading on the 3rd day ol July, 1995.
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A'M'BST:
Loacriabia A. Ellis, City Clerk
I. Loacrisbia A. BIiis, City Clerk « the City « Blllle•ood. Colando. benbJ certify
that the above and fonpiq ia a true copy « a am for 1111 Onlinanel. iDtrodaoed.
read in full, and paaed on ftnt reading on the 3rd day « .Jaly, 1996 .
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... ., ~"'' p i ·~ t-l!••tt ; ... l .. g. C.oe ... • • !· ..... 51;g,,,
i : ( r 1 f ~ ~ ~ £ i ~ ~ r ~ r ! ! ft ! : a ..... r '" .,., ... I "'•" I
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l g f r ! ~ . ! I a ft r I l i i i E r g ~ ~ £
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i • 1 r I t ~ r I -I l i ~ i i ! ! ~ l i J ~ • ~ t s ! " I ! ~ : "' ! • H ~ ~ g ! • f I ft ~ l . • ~ I ~ ~ -I I 3 ; ~ 0 I
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f • ~ 11· B D rtffHI.,, .......... "<: Ill .. a rt .. • ti' 0 a • .. ... g'::-e:t?·: Nil
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Wl'PSIS, Che County UM! th.a C!ty --~ to -t fo~ their
reapecti..,. reapon•il»iliti•• for CM ~W el.ec:ticm uul for
the proclucticm uul maili:lg of th.a naaa -uce pech .. puraumlt to
the xa:ergo,,~C&l .1gr.-t.
JIOW, TJIDD'OU, IT IS MDKBD by tM Couaty a4 tu CJ.qr -
folio-:
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coordiA&ted .iecticm iA accordalace with th.a lJAifoza Sl.eatiOG Coda
of 1992 (Articl-1·13 of Tit:le 1, c:.a.a.) uul Dao& •cnadrmt
(Sac:ticm. 20 of Article Z of th.a Colorado COlllat.1.blticm.) • 'rhe
electicm parUcipm:ata uall lte required to aecute ag-re .... t• with
Arapahoe C:cnm.ty for thia pupa .. uul -Y izu:l.wla -.i.aipaliUe•
vitlu.A tb• Arapuoe C:cnmqr liait•, •cl:lool d.i•trict• vitbiA the
Arapabaa Cou:t:y limit•, UM! apecial cli•triata wit!liJi tile Arapuoe
C:ou:qr U.ai ta aAd th.a ltate of Colorado.
2. 'l'b• 1'o9alller 7, 1H5, el.ec:cia •ball !te conduc:ted. !,y
the County with the uae of NJ.lot aarda -4 uec:1:ralli.c ,rote-
c:mmt:izav equj.ia-t:.
l. 'l'be Ar~oe Coaty Clerk uul aeaoner i• de•£.amlted u
the aoozdizaated eleaticm official u4 the City urebr id.elatifiu
4 • 'l'b• Colm.ty uall perfos-a tu followi..ag taau ill
rel.aticm to aaid eleaticm, to wits
8yataaa CorporatiOD for t!le prillti.118 of tJaa offi.ai.al Nl.lot:a.
b. Prariu
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TO 7891125 P. as
j. IAclude the City•• teat, aa writ:tc mad iD t:he
ord.ar awm:i.tted. iA acc:ordazac• with the '1'UOJl emendzneat ·
reqaur~t• ~or cha "I'JUIO& AOU.c• raqw.r..az1ta for the TUOJl
notice.
Jc. County will publillll aod.ce raqwzed pm-auaAt to
c.a.s. 1.-5-205.
1. •~ all "VOted :ballota for a a1niem of aJ.a
moAtu, aAd all otlaer -t•d.al• reqw.red by law, (c.a.a. 1-7-802),
to l:le aava! iA 811c:!I a mnner tlaat tlaay aay be acaHeed by the Ciq,,
if zaeceeaary, to reaol-.. an.y a!aall_. or other legal CZQeatiosaa
that m.gbt aria• r~ t!l• electicm.
•· Deeipate City Clerk'• Office, iD kap&Jloe
Co1mty, •• a walk-iD, •drop off• loaaticm for ll&il :ballota. Comaty
City, .... 11 ae pickup aAd d.eliYerl' of Nll.ot Jlosaa, 1A acc:ordnae
with the Secretary of State' a guid.el~. for ll&il !aal lat:a reoei..t
at tile drop off poi.At adng the duipata4 period.
D. tro,rid.e a copy of tM a.oretasr of 8tate•e
approval for. t:he County to eaaduat: a ~1111&11.o• el.-~ u 11M
City "1.thiD two warkJ..atr claye of eaid appz09'&1.
o. •o later ~ 10 claya prio&-to eleade111, ~
tha City Clerk'• Office. DO 1••• ~ 10 •••• •f eaG!a •t: .. t: 4,ecla•
of tile City'• ballot etyle(e), to allow for teetintJ of elec:~a
"VOte-a01mtillg eqlliJINllt.
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TO 7891125 P.06
p. Deaipat• al.l of tba City Cl•rk' • ataff, wbG •r•
regiatued votezoa wit:llizi. Arapalaoa Couacy, to ac:t iA the c:apac:it:y of
in tll.e City Clerk'• Office.
q. T!a• C:o=.ty alaall k..p a carehl UMl accurate
aacOUAtiAg of tiae, aupplie•, coata Cid aal.&:i .. attrillll~le to
tll.e eotmty• • acfehsh~tiOll of the eleatioD for tll.e City. n.
CJ.t:y•a proportiOll&l abare of ac:tual co•ta llllall 1M baaed
on comity ezpc1dituru relat:1,re to tb.e 1HS coordinated elec:tiOD
iJM:llMli:sg prc=ated allaZ'e of '1'ABCD. :aatJ.ae.
5. '1'he Ci.ty alaall perfoca tb.e followizltr taaka iA r•laticm
a. •raofread -d -Ir• any oorr.c:d.oaa to t:!le laycn&•
UMI t!aa t-t of tl:le City•• portiaD of tlae offici&l ballota before
aut!lodsillg t!aa prin~ of tJle !aallota.
b. ... ... !..-aoti.oe t:Mt ~-~ ....-• M
c.a.s. 1-s-2as, tl:I• Diatrat llllall publiu....,. requred legal.
:aotic:e• for •aid ballot qge•Uoaa 11114 GIIIMU.dat ...
0 • •r..-ro, lluul·· CIOllat ..... 1£.,,.r M ~ Callal:7
Clerk, tlae requJ.recl te•t deck of !aallota for t-tias •• elea1:Z'oll.ia
-.ote-aoimting equ.ipa&t, :ao later CJaaA Jro• bar 1, 1115 •
,. aam.t payaa&t .u.s-t.ly u Arapab.o• cmt.7 w.lc!u.A
ca clay• of l:til.l.iq, fDZ' iu ~rated aare of al.l co•ta relatiJIQ' co
tu priAting UMI aailillQ' of t!aa CJ.qr•• !aallota, UMl Ciqr' • u.are of
bal.lot card plu $.10 for eaala additicmal ballot aaz4 pu aet, to
be u.arecl by all partiaipadatr :ju-ied.1aU0118.
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"'"' Ii r" 1~:.1 ?~ a! l;1tff!",'1!" !ot:i ~ ;.:-J~~ " 5 R !" .. •o 1 I -! s ~ & I ~ o ~ • .. ~ " ~
" ~ 4 • ~ ~ • f t: ~ ~ I ,: ... -=. .. •! &ftit: c! ir.
f ~ i [ ! I ll . i a i J! • t f :; a _r 8 I
. t! .. 1 f Ir;; 1teB ca'< 11 • IJ'I
1 .. 11_,4,~ a.1,.Ei ~1 ]
l!lltt,. nj gS:I IT1C. rt ft i .. •1~,, .a 1:ffi ~, :,~a: l i g 8 l " ~ n .. o * i o
, t ( i • l 1 , n ~ ? , i 1 , I f • f
r I l f i' I· it i r ! i ~ £ . I u ~ i !IIJli rt =eEc:e ~ 1J 1c!~ 1 ti t'<Ji:-" 0 tt ...
r.. ll 1· t=i ~·1:!l .. :at: ai ~ I ~ ~ • r a ~ ~ ~ • " c f = = ~ ~ 1 !I l!.11 ii=-I, l.t,. s .. _ ; ;
s=. ia t" .. cs.:::-s:. !"r r."
n ~ C f t · I' n ~ { • l i • It I a
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TO 7891125 P. 1218
j. '1'ha City IIA&ll defmd uacl :AaolTe at it• aol•
expenae all challenge• relative to tJ:aa Nllot queatioau am.d
cam.t:lidatea, •• aerti.fied to t:laa C01mt:y for iAalu.ion iA the
lfovamber 7, 151515, aoorcU.nated. el.ecucm.
k. 8\Ulllllit to the Couzlt:y the City•• Diatricta Uld
PreciAct Kap• with a liat of cCN11.ty preailu:ta wlu.ah aorreepoad to
eac:h aity precinct.
l. Act u off-•ite, =op-off locatioa. for aail
ballot valk-iA traffic. Kaizltain traclWlg/account!AV recozda iA
accordaAc:e with Coimty' • appravec:l proa.... Kake all aail allot•
mid appropriate trac:kizlg/acaomi.tiDg' rec:oru available for pick,ap,
-•c:laedul.ed by the Co1mt:y.
•· Ka.it paymeat to tJ:aa Camlty wit:lun ,o d.aya of
:bill!AV, for the prorated coat of the preparaticm aad aail!Dg of the
'1'A80lt DOtice pac:ka4Je.
,. Th• City •-ra 1:!lat it :baa 9'df:1.o:1.-t ~ a~laltl•
iA it• approved budtr•t to pay it:a prorated electi• -,... for
the lloveaber 7, 15115, elecUcm.
, . t1a1••• o~•• ...... ill ... :1.~. ~.
Izlt~tal Asr...-t uacl t:lle iAtupretatiOD thereof llllal.l lie
go,reZ11ed by the lawa of t:lle atate of Colorado •
1. ~• -r FC"':l.•:1.-of tbi• %11.t....,,_..i
Agre-.at !:ta dete~ed by a a~ of c-.etea.t ju.ru4.iaU.O. to lie
UDoma.titutimaal. or o~•• 11ull &Ad ~id, it la Clae i.Atea.t of
7
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TO ?891125 P.09
9. Jrod.c .. to be pzari.dacl \IDder ~-IAt~ca1
.&gzanert abal.1 J:aa giftll izL vrit:iag eitlaar ~ baad dal.i~ or
clepo•itad. 1A t:lae uau.tecl 81:ataa aail, cartiHad. aail, ret11ZZl reaeipt
reqautad., wit:A INffioi-t po•t:atre, to t:lae !o110lfillsr paracmaa
Arapuoe Couaty
Office of die Comity Attoniey
531'1 8CNt!L hiaia• •~t
Littl.ataG, C:01~ 101fl
10. '?Ju.a IA~t:al Ag:.-t aay aot be aocU.Had.,
ard• or ot:AaZWi.a• al~ '11111 ... 1111C11&1ly acrraa4 'IGOD £a
11. Utesbnnt;a r 'l'Jaa attaabnr~ cbecketl balOlf ua a ~t
of ~• Mr••rt.
Aftall'a .... ti/I WI El ,-..Mir 9,,
WIO,lfflffl; ~ mBO,
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AQDENQYN 6
ADDENDUII TO THE INTERGOVERNMENTAL AGREEIENT
FOR COORDINATED, IIAIL BALLOT ELECTION
WHEREAS, the City of Englewood, Colorado dellnts ID submit a question ID the
property owners of a special assessment concrete district as set forlt1 in C.R.S.
31-25-534 Issuing bonds -property specially benefited; and
WHEREAS, the City of EnglawoOd and the Arapahoe County Clerk and Aecofder ..
In agreement that procedures may be Implemented to coordnate this Issue;
NOW, THEREFORE, the Intergovernmental Agreement For Coordinated, Mall
Ballot Election shall be clarlfled ID allow the City of Englewood, Colorado ID submit a
question ID be voted on by the property owners In the special assessment concrate
district In coordination with C .R.S. 31-25-534.
ATTEST:
Loucrlshla A. EUia, City Clerk
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oaDINANCB NO._
SERIES OF 1996
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BY AUTHORITY
COUNCIL BILL NO. 31
INTRODUCED BY COUNCIL
MEMBER HATHAWAY
Alf ODllfANCB AtffllOBIZING AN INTUIGOYDIIIDNTAL ACWBD«BMT
B21W&&N THB CITY OP &NGLEWOOD, COLORADO AND TBB CITY OP
trrn.BTON, COLORADO Wffll BB8PIICT TO 'l'ID PINANCDfG OP IIBDIAN
UGHTlNG ENHANCEMENTS ALONG THB SOUTH SANTA n CORBIDOB.
WHEREAS, the Tri-City Planning Group wu formed in 1991 by the cities oC
EnrJewood, Littleton and Sheridan to eatabliab criteria for improvementa alone the
South Santa Pe Corridor; and
WHEREAS, the Colorado Department orTranaportation (CDal') provided an
initial coat estimate for each city's u1eaHble improvement.; and
WHEREAS, the City of Sheridan's portion oripally wu eatimat.ecl by CDOT at
$80,000.00; and
WHEREAS, the Colorado Department ofTranaportation reviNd itl ntimate with
the final Nt.imate of Sheridan'• portion being $1156,670.00, reaultmc in an increue or
$76,670.00, to Sheridan; 1111d
WHEREAS, the City at Sheridan ii not in a ftnmcial poaition to pay the inc:ntue;
and
WHEREAS, the coat abarinc arranpment bu been mptiated wherein the full
colt or Sheridan's liabdnc will be bome by Enciewood and Littlet.an equally ($38,336
from each);
NOW, THEREFORE, BE lT ORDAINED BY THE CITY COUNCIL OF THE ClTY
OF ENGLEWOOD, COLORADO, AS POU.OWS:
Scs;tign 1 The interpvernmental qreement with reapect to the ftnmeine or
median liabtinc enbanCIIDellta alone the South Santa Pe Corridor attacbed hereto u
"Ezhibit A" ii hereby acceptecl IDd appnwed by the Enpwood City CoanciL 'nae
Mayor ii authorised to uecute and the City Clerk to att.elt uul Nal the ApNment for
and on behalf of the City or Enclewood. Co~.
Introduced, read in full, and paued on tint radins on the 19th day at June, 1996.
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Publiabed u a Bill for an Ordinance an the 22nd clay of June, 1996.
Raad by tit.le and puaed on final nedint an the 3rd clay of July, 1996.
Publilbed by title u Ordinance No. __ Series of 1996, on the 6th day of July,
19915.
'l'homu J. Bmna, Mayor
ATTEST:
Loucriahia A. Ellis, City Clerk
I, Loucriahia A. Ellia, City Clerk of the City of Enpwood, Colorado, hereby
certify that the above and forepinc ia a tnae copy of the Ordinance puaed on ftnal
readine and publiabed by title u Ordinance No. _, Series of 1996.
Loucriabia A. Bllia
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EXHIBIT A
AGREEMENT AS TO THE FINANCING OF LIGHTING ENHANCEMENT FOR
SOUTH SANTA FE DRIVE (U.S. 815) BETWEEN THE CITY OF LlTl'LETON,
COLORADO AND THE CITY OF ENGLEWOOD COLORADO.
This Aareement, entered into this ___ day of 199S, by and
between CITY OF LITTLETON ("Littleton") and the CITY OF ENGLEWOOD
c·Enelewood") municipal corporatioDI of the State of Colorado.
WHEREAS, the parties have been workinc tocether to create visual unity in the South
Santa Fe Drive corridor and have adopted desip standards and plans for the
reconstruction of South Santa Fe Drive (U.S. SS) area throup the Tri-City PJanninc Group
and the Colorado Department of Transportation; and
WHEREAS, the proposed bipway liahtmc improvements, located in the City of
Sheridan from U.S. 2815 South to Stanford Avenue are in intesral element of the overall
desisn of the communities and help to establiah the character of the -unitia; and
WHEREAS, the portion of the propoaed hich-Y liahtiDI improvwments, 1-t.ed in the
City of Sheridan from U.S. 2815 south to Stanford Avenue, provides a pteway into the cities
of Sheridan, Enclewood and Littlet.on and represents a direct reftectian of the cbancter of
these communities; and ·
WHEREAS, the Tri-City Planninc Group haa qreed to be a ftnancial partner with
COOT to cover the costs; and
WHEREAS, the Tri-City Planninc Group baa qreed to participate in the coats
associated with urban desip mh•ncements throupout the corridor with the Colorado
Department of Transportation; and
WHEREAS, The cities of Eqlewoocl and Littleton have qreed to help ftnance a portian
of the costs of median liptiq enhenmments for a NCtion of the roadway 1-t.ed in the
city limits of Sheridan;
NOW THEREFORE, in conaiclaration of the coveaaats and promiles contained herein,
the sufficiency of which is • aclmowledpd by the parties, the parties qree u foDcnn:
Littleton hereby ..,_.:
1. To pay for imPMft11181lta located in the City of Sheridan, ap to a maimam of
$38,335, for COits in coanectian with the perfimnance of camtruction. and
construction ellliDeennwsaperYiaioa and the related admiDiatntioa of the
·Project•.
2. The City of Littleton repreNDta and WUT&Dts that it baa taken all adioaa that an
necessary or that are requincl by its proceclures. bylaws, or applicable law, to
lep.lly authorize the unclersiped sipatory to ueeute the Contract on behalf of the
City of Littleton and to bind the City of Littleton to the tmDI oftbe Contract.
Enlflewood hereby Acr-:
1. To pay for impl"OYelDIDts located in the City of Sheridan, ap to a maimam of
138,335, for COits in connect:ion with the performance of coutnaction, and
construction eqineerin&tsupervilion and the related adminiatration of the
•Project•.
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2 . The City of En1lewood represents and warrants that it bu taken all actions that are
neceuary or that are required by ita procedures, bylaws, or applicable law, to
leplly authorize the undersiped sipatory to execute the Contract on behalf al the
City of Enelewood and to bind the City of Enpewood to the terms of the Contract.
Mutual Provisions:
l. Expenditures FUt,er than the amount aped to in thia contract shall not be
exceeded unless an amendment to thia Contract ia ftnt uecuted by the parties with
the formalities u wen undertaken in the adoption of thia contract.
2. That said "Project" pnerally consists of improvements to ligbtinc on South Santa
Fe Drive in the City of Sheridan. The improftmenta are u set forth in Ezbibit •A•,
attached hento.
3. Should either al the Cities fail to provide all al the 11eceuary ftmda u qned upon
hereunder for the project, this qnement may be t.erminaied by eithw party with
respect to the project. Any party terminaq ita int.ereata ad obtipt.icma Mt ftRtb
in the qrNJMDt shall not be relieved of uy ftnacial obliptiona whicb mltild
prior to the eff'ec:tive date of aacb termiaat:iall or wlucb may occm u a NIUlt of aacb
termination.
•· The term ofthe cantract abaD coaaaue dlrOlap tbe mmpleaan of the project ud
NCeipt by Enclewood offtaal ~ fna titt!en
5. It ia aprw1y • • L Id aad ....... dla& I t of tbe t.enu and conditiona
of tbe Clllltract, .. aD rillala fl ............. Ill r~ NGt, abaJI be
l&riady,... ... • r J ... _. LlaP,s , _. ...... --tcri:Md in the contract
abaD lift• .0.. 97 .. .._.,,.fl .... • 97 .... • third P9r10D on
mcb Cllllt:nll:t. It ii tlle ...... I I JI flC I' I ..... UttiatGn that any penon
other dlu die Ckr flZ a' ...... Cllrtfu.lala ... be daemed to be an
incidental ban._,,. ealy. ·
1hia Acnemeat abaD be ....................... fl ... puties bento, their
aw:ceuora and uaipa. ·
In Witneaa, the City of Pna' .... _. dte Cll;r flt ·rc 111 ..... -.I dlia ApwUo
be _tad by their rllplctiYD alSciala aad -.....1 te • .............. tly W.
CffY OF SNGLBWOOD,
ATTEST:
Loucriahia A. Ellis, City Clerk
Dated:---------
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CITY OP Ll'l"l'LETON,
ATTEST:
By: __________ _
Jamee Owen, City Clerk
Dated:. ______ ~
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ORDINANCE NO. _
SERIES OF 1995
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BY AUTHORITY
COUNCll. BILL NO. 32
INTRODUCED BY COUNCIL
MEMBER HATHAWAY
AN ORDINANCE AUTHORIZING AN INTERGOVBRNMENTAL AGRBDIBNT
BETWEEN THE STATE OF COLORADO DEPARTMENT OF
TBANBPOILTA'ffON AND TIIB CITY OP BNGLBWOOD, COLORADO
PERTAINING TO THE SANTA FE CORRIDOR ENHANCEMENTS CONTRACT.
WHEREAS, the Colorado Department of Transportation ia reconltructing Senta Fe
Drive (State Hichway 85) from Hampden Avenue to Bie Dry Creek; and
WHEREAS, a portion of this project i1 located in the City of Englewood; and
WHEREAS, the City cl Englewood deaire1 modification of the State'• project plan,
to add lighting and median enhancements to thi1 project u cleac:ribed in the Senta Fe
Corridor Enhancements Contract attached hereto; and
WHEREAS, the State and the City of Englewood desire to conaolidate the
performance of the work with the performance of the State'• hiehway con1truction
project in order to minimise dil1'Uption to the traveling public; and
WHEREAS, the City hu funds available and i1 willinc to pay for a portion of the
coats incurred by the State in the performance cl the work; and
WHEREAS, the City and the State Department afTranaportation desire to aet forth
their re1pective obliption1 and reaponlibilitiea with respect to the work and the
fundinc thereof; and
WHEREAS, the City deli.res, and the State acne• to accompliab the work uain( the
peraonnel and aervices of' the State; and
WHEREAS, time ii cl the -ce hereof, and the parti• deem it to be in the public
interest for the State to furnish the en,ineering aervic:ea and c:onatruction
admini1tration in connection with the work; and
WHEREAS, the State hu 8ltimated the total COit olthe work and the City cl
Enclewood i1 prepared to provide its share of the colt ; and
WHEREAS, the City of Enclewood and the City of Littleton are entering into an
interrovemmental agreement sharing the colts of the City of Sheridan'• portion of
this project u Sheridan i1 not in a financial position to pay their portion;
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Sedioo 1 The Santa Fe Corridor Enhancementa Contract betwem the State of
Colorado Department of Transportation and the City at Eqlewood ia hereby accepted
and approved by the En,lewood City Council. The Mayor is authorized to aeeute and
the City Clerk to au.t and Hal the Apeement for and on behalf of the City of
Enclewood, Colorado.
5tctieo 3 The Santa Fe Corridor Enbancementa Contract i1 attached u
"Emibit A•.
Introduced, rud in full, and pauecl on ftnt readine on the 19th day of June, 1995.
Publilbed u a Bill for an Ordinance an the 22nd day of June, 1995.
Raad by title and pauecl on 6na1 reedin, on the 3rd day of July, 1995.
Published by title u Ordinance No. _, Seri• of 19915, on the 6th day of__.
1995.
Thomu J. Bur111, Ma,or
ATTEST:
Loucrilbia A. Blli1, City Clerk
I, Loacrilbia A. Billa, City Clerk at the City at ....... -. Celendo, .._.,
certify that the abclft and fontoinl is a true capy at the Orcliaanee pall8d on flnal
readinc and publi.W by title u Orclinance No. _ S... at 1111.
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STA 085-2(46)
ENHANCE.'ofENTS IN SANTA FE
CORRIDOR
(REGION 6 -LJB)
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EXHIBIT A
CONTRACT
THIS CONTRACT, made this day of~~~~~~
19~~-' by and between the State of Colorado for the use and
benefit of THE DEPARTMENT OF TRANSPORTATION, hereinafter
referred to as "the State", and the CITY OF ENGLEWOOD, 3400
South Elati, Englewood, Colorado 80110, hereinafter
referred to as "the Local Agency" or "the contractor",
WHEREAS, authority exists in the law and funds have been
budgeted, appropriated and other~ise made available and a
sufficient unencumbered balance thereof remains available for
payment in Fund Number 400, Organization Number 9991,
Appropriation Code 010, Program 2000, Function 3300, Object
2311 l (N), Originating Unit 6061, Project Number 93223 00 C,
(Contract encumbrance amount SO); and ·
WHEREAS, re~ired approval, clearance and coordination
has been accomplished from and with appropriate agencies; and
WHEREAS, the State anticipates construction of a
project, identified as STA 085-2(46), for reconstruction of
Santa Fe Drive (SB 85) from Hampden Avenue to Big Dry Creek,
a portion of which is located .ill Englewood, Colorado; and
WHEREAS, the Local Agency desires modification of the
State's project plans to add lighting and median enhancements
to the project, .as more specifically described in Exhibit A,
hereinafter referred to as "the work"; and
WHEREAS, the State and the Local Agency desire to
consolidate the performance of the work with the performance
of the State's highway construction project in order to
minimize disruption of the traveling public; and
WHEREAS, the Local Agency has funds available and is
willing to pay for a portion of the costs incurred by the
State in the performanc~ of the work; and
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WHEREAS, the parties he·reto desire to set forth their
respective obligations and responsibilities with respect to
the work and the funding thereof; and
WHEREAS, the Local Agency des{res, and the State agrees
to accomplish the work using the personnel and services of
the State; and
WHEREAS, time is of the essence hereof, and the parties
deem it to be in the public interest for the State to furnish
the engineering services and const:uction administration in
connection with the work; and
WHEREAS, the State has the expertise and is adequately
staffed with professional personnel who are capable of and
available for providing the plans and specifications,
administration of contracts for and supervision of the
constr~ction of the work; and
WHEREAS,· the State has estimated the total cost of the
work. The Local Agency 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-lOl, et seq., 29-l-203, 43-l-llO,
43-l-ll6, 43-2-101(4) (c) and 43-2-144, C.R.S., as amended.
A.
NOW, THEREFORE, it is hereby agreed that:
ARTICLE I
PROJECT PROVISIONS .
This contract establishes the general provisions for and
defines certain responsibilities regarding the
installation of lighting and construction of median
enhancements in conjunction with the State's
reconstruction o·f Santa Fe Drive (SH 85) from Hampden
Avenue to Big Dry Creek, a portion of which is located
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in Englewood, Colorado, as specifically described in the
plans and specifications for the work which are
inco~orated herein and made a part hereof by this
reference.
B. The parties have agreed to a fixed amount of $204,770.00
as the cost of the work, including the cost of materials
to be furnished by the Local Agency ($33,578.00). A
portion of the costs of the work ($80,000.00) will be
borne by the City of Sheridan under separate contract
with the State. Within 30 days after award of the
construction contract for the work by the State, the
Local Agency will remit to the State a lump sum of
$91,192.00. This shall be the maximum amount of Local
Agency obligation under this contract unless such amount
is changed by written supplemental contract.
C. The State will provide liaison with the Local Agency
through the State's Region Transportation Director,
Region 6, 2000 s. Eolly Street, Denver, Colorado 80222.
Said Region Transportation Director will also be
responsible for coordinating the State's activities
under this contract. The State will convey ownership of
the improvaJ11ents to the Local Agency upon completion of
the work.
O. It is understood and agreed by the parties hereto that
the total cost of the work stated herainbefore is the
bast astimAte available based on the dasiqn 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. 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.
E. The parties hereto agree that this contract is
contingent upon all funds designated for the work
herein being 111Ada available from the Local Agency
sources. If the Local Agency fails to provide necessary
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funds as agreed upon herein, the contract may be
terminated by either party. An.y 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. ~tar the State's
construction contract for the work has been awarded and
fully executed, this contract may not be terminated
until the work is complete and final bills are paid in
full.
ARTICLE II
GENERAL PROVISIONS
A. The State will provide the preliminary engineering for
the .work, including the preparation of construction
plans and specifications in accordance with the State's
Roadway Design Manual and Standard Specifications for
Road and Bridge Construction and with Exhibit A
(Description of Enhancements in the Santa re Corridor
from Hampden Avenue to Big Ory Creek), attached hereto
and incorporated herein as terms &lld conditions of this
contract. The State will afford the Local Agency ample
opportunity to review and approve the construction plans
and special provisions. The State will provide final
assembly of construction plans, special provisions, and
construction contract documents. The State will
establish appropriate Disadvantaged Business Enterprise
(DBE) goals for the construction contract Cs). The State
will advertise the call for bids and award the
construction contract(s) to the low responsible
bidder(sl.
B. The State will provide construction engineering during
the construction of the work. Said construction
engineering will include field and office engineering,
inspection and material testing, traffic control, and
the supervision of the construction of this project. On
completion of the work, the State will schedule a final
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inspection of the work with the construction contractor
and tha Local Agency. Based upon that inspection, the
Local Agency will indicate in writing its concurrence or
non-concurrence of the satisfactory performance of the
work. Performance of the work in accordance with the
plans and specifications will be deemed to be
satisfactory. Upon satisfactory perfor.nance of the
work, the State will effect contract close out
procedures, including advertising for and settlement of
claims.
C. The State shall maintain all books, documents, papers,
accounting records, and other evidence pertaining to
costs incurred for the work and shall make such
materials available for inspection at all reasonable
times during the projec~ period and for three(31 years
from the date of final payment by the Local Agency to
the State. Copies of such records shall be furnished to
the Local Agency upon request.
D. The Local Agency will maintain and operate the
improvements constructed under this contract, at its own
cost and expense during their useful life 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.
E. The term of this contract, except for the provisions
regarding maintenance, shall continue through the
completion and final acceptance of this project by the
State and the Local Agency. The covenants with regard
to maintenance of the improvements constructed under
this contract shall remain in effect in perpetuity or
until such time as the Local Agency is, by law or
other~ise, relieved of such responsibility.
F. To the extent that this contract may be executed and
performance of the obligations of the parties may be
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accomplished within .the intent ot the contract, the
ter.11s ot this contract are severa.ble, and should any
ter.11 or provision hereof be declared invalid or become
inoperative tor any reason, such invalidity or failure
shall not attect the validity ot any other-teD1 or
provision hereof. The waiver ot any breach ot a teDI
hereof shall not be construed as a waiver ot any other
term, or the same teJ:Dt upon subsequent breach.
G. This contract is intended as the complete int~tion ot
all understandings between the parties. No prior or
contemporaneous addition, deletion, or other aaendmant
hereto shall have any force or effect whatsoever, unl.ess
· embodied herein by writing. No subsequent novation,
renewal, addition, deletion, or other amendment hereto
shall have any tore• or ettect unless embodied in a
written contract executed and approved pursuant to the
State Fiscal Rules.
H. This contract shall inure tci th• benefit ot and be
bindinq upon the parties, their successors, and assigns.
I. the Local Agency represents and warrants that it has
taken all actions .that are ~•c•ssary or required by
internal procedures and bylaws, and applicable law, to
properly authorize th• undersigned siCJD&tOry for the
Local Agency to lawfully execute this contract on behalf
ot the Local Agency and to bind the Local Aqency to its
terms.
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IN WITNESS WHEREOF, the parties hereto have executed this
contract on the day and year ~irst above written.
ATTEST:
By ""c""!:i""i_e_l,,....,c""'i,..e-r""'k.--.--.---
ATTEST:
By~----------------
Title
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SUTE OF COLORADO
ROY ROMER, GOVERNOR
By.,.,...---,-..----,,.....--....-------Executive Director
DEPARTMENT OF TRANSPOltTAT:ON
CITY OF ENGLEWOOD, COLORADO
By ·~------------------~-
Title
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DESCRIPTION OF ENHANCEMENTS ("THE WORK") IN THE SANTA FE
CORRIDOR FROM HAMPDEN TO BIG DRY CREEK
EXHIBIT A·
The following text discusses the enhancement items and the currently anticipated
responsibilities for paying for the entire costs of installation and maintenance.
COLORS
The color scheme in the corridor has been revised to include the following colors [See
Attachment Al.
•Tan Federal Color 133531 [noise walls. retaining walls. abutments, piers. jersey
barrier)>
•Spanish Gold Federal Color 130233 [girders).
•Dark Green Federal Color 114056 [railings. chain link fencing, poles for HOV
destination. lighting l signab).
•Deep Rust Federal Color 122144 [accent on poles).
COOT will incorporate the above colors into projects under construction and under design at
no cost to the cities. A decorative treatment of the jersey barrier has been developed for
the corridor. [See Attachment A).
The following jurisdictions will be responsible for paying for repainting:
Ibc c;,;,s
•A~er COOT installs the painted light poles, Public Service Company will repaint the poles
as necessary and bill the cities as part of their ongoing maintenance agreement with the
Cities. It is understood Public Service may have to do this work during the day and
close a lane of traffic during off peak hours. If it necessary to dose a lane of
traffic.Public Service will notify Region VI Maintenance·24 hours in advance of this
action.
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Colorado Peoaameot of Icansooaatioo
•COOT will repaint retaining walls. abutments, piers. jersey barriers, railings and noise
barriers along Santa Fe as needed and as funds are available. This will be consistent with
the new color scheme in the corridor.
•After COOT installs the painted poles for signals and HOV designation, COOT wiU
maintain (ie, repaint) the signal and HOV poles along Santa Fe as needed after having
confirmed with the individual entitv that they have the money budgeted to reimburse
COOT for the work.
UGHTING SIGNAL$ $lGN porn AND HQV smYCIYBES
The poles for lighting, signals, and HOV lane designation atructurN wiU be upgraded as
shown in Attachment B. Decorative buu and lights will enhance the polu. The
decorative bases on light and signal polu will be installed only if they will function with a
breakaway pole at locations requiring breakaway polu, ie., areas not protected by jersey
barriers. The Cities will pay for any costs over Coors standard fixture [galvanized
pole/cobra head at $1,500 each! and standard lighting plan on the side of the road. While
initial costs have been estimated [See Table 11, lighting plans are being preparad to develop
final estimates. After the light polu are installed, the Citiu will be responsible for paying
any maintenance or replacement as part of their ongoing maintenance agrNment with
Public Service. As part of this agreement, the Citiu should get credit for any
reimbursements from private insurance companies in case of col"ISion.
Public Service Company will char;• the appropriate jurildiction for any cost to replace the
light poles, bulbs, and electrical wiring. It is undemooct that the lights wil be replaced at
night and a lane dosure wiU probably be required. CDOT underatanda that PubUc Service
may have to dose a lane during off peak dayllght houn if the rapair of underground
electrical wiring is required. COOT will make known to Public SeMc:e Company thet they
will be required to give COOT 24 hours notice before doling down a lane of traffic.
COOT wiU replace any HOV or signal polN if necaaa,y and charge the Cities for any coats
over and above our normal COits for standard signal poles and HOV sign structures lea any
reimbursement from private insurance companies in case of colliaion.
COOT will install round metal sign posts painted brown fo~ any single post sign.
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LANQSCAPJNG
Landscaping will be placed along both sidu of Santa Fe and in the median. TrH and shrub
beds will be developed in the median. The tree beda in the median will be protected by
jersey barriers and the shrub beds in the median will be protected by a curb and exposed
aggregate edging. See Attachment C for a plan which shows where the tree and shrub
beds wiU be located in the median. Any arus requiring paving [such u noses of the median
identifying the tum lanai will consiat of exposed aggregate. SH Attachment C for a plan
which shows where landscaping will be located along the eut and west sidu of Santa Fe
from to Hampden to Big Ory Creett.
COOT will install the landscaping in the median, on the berm along the east side of Santa Fe
Drive and in nodu [including entryways to the Cmal along the west side of Santa Fe Drive
as funds become available which is anticipated to be not later than the end of 1996. The
Cities will pay for any entry futures r .... signagel to their communities. The Cities will
provide the water for the landscaping and will maintain the irrigation system and
landscaping after it is installed and maintained by the Contractor for one yHr. Any
maintenance of th• landscaping on the side of the road can be conducted during daylight
hours. Any maintenance of the medians can be conducted during off pHk daylight hours.
If any lane closures are required for maintenance of the median, they will be done during off
peak hours.
WALL GRAPHIC$
Transportation graphics will be integrated into the retaining walls at Oxford and Belleview
[See Attachment DI.
While COOT will pay for the graphics to be inatalled on the wala facing the Oxford/Santa Fe
and SelleviewtS.nta Fe intersections. COOT wil need to manufacture additional panels for
the Oxford/Santa Fe intenec:don along with purchuing the UMd panels previoualy
manufactured for Englewood at the Navajo/Oxfotd int ... c:uon. This wu an expedient for
work already accomplished at Oxford. All new graphics are 100,. COOT expense.
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PRELIMINARY COST ESTIMATES FOR TIIE WORK fROM YALE TO CIIIIRCII AVl:NIIES 1
ITEM NEL:O S NEED$ BY NEED$ BY NEED $ BY 7'11
APRIL94 OCTOBER94
Dartlll•lllf•l"n Oxfool llclloviow
·nie l'rnjccl" hllcrclian1•
Ea1lewood Barrier Oclail $ 6,475 $ 1,700
Painl Oirden1 S44,411
WaH Orapbic1 1 Sll,111
Ll1hlint $67,600 ·~ BuaCovan S 10,400 ST S 48,100 SGunJ-u S l,92S +•••s 16,610
Credit fOf M11ariab •• $LlU1I)
T s 91,192
S1*idaa Bania, Delail s 1,170
Llptias •s HUOO
BuaCuvan ST $ IS6,670 ••• s L16.61Ql
T s I0,000
Lill ..... Bania, Oatail y •• .,....,...
Liptills S 41,100
a...c-S 7,S76
A,...i-Liplias s 16,000
C1111111y (lncorpontoJ in
fipra above)
SUBTOTAL $77,S99 S 91,400 $ 204,770 S SS,676
COOT Liplias S 64,SOO $ 7S,OOO S 40,SOO
ea. .... W...(lna) S 6,190 s 2;600
MailiM(,..,.)
Eaa/W ...... of T" lo l>donnlM•
Sanla Fa
TOTAL $77 S99 $164 790 S 282 170 $ 96,176
1 Project cost1 ror lidura projcc11 rroen Cl••rcb Avenue lo C470 will ho dav.,lopo,I al a lalcr linie.
1 Rapainl uillin& railr-1 11ruc111ra1 II Da11-b aa•l llan1pilc11 lo he co111is11:,11 wit 1iew corridor colon.
1 I'll)' for foma liiicn for wall 1r811hic1 II Navajo/Oafonl .
• lncl11dc1 base coven
•• Cradil lo l:nglcwo.NI ro, nialcrial• 1111 .... ~,
••• Fu!•lc,vou.l fo nw1;r \76 ,(t/O uf Shc111IN111 ·0,1, up f1u11I . C""'iti,·-. 1111,•,·" -.,·p11r ,1lr 111 •1t· ·11 11 ·111 t ,, , , , "' , ,
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NEED$ DY
1996 TOTAL
Da1t ./lla1111••••"
Oxford
Lud1capin1
$188,010
,
$ 94,lll
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$60,176
~
$ 8,900
s 0 SlSl,07
SOl,690
S 249,000
Telo 0.1Cnalnc4
S 249 000 $790 127
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SPECIAL PROVISIONS
CONTltOLLElt'S APPROVAL
1. n.i, c:o111r1ct tJlaU not be dnffled vUid 1U111il ic daU l'la•• Nft ..,,ro•cd by rtM Concrollcr of tile SI-. of Col_... or Ndl uai11U1 • be naay daipa111. Thas
;,ro•1s1on ,s ~pp!inblc 10 any c:on1nc1 i n•oh,inc rile p1ymcnc of monc!" by 1hc S1ace.
FUND AVAIU.IILITY
:. FinanciaJ otNi1uioas of rtlc S111c oi Colorado paraOJc a/1.r Ute c:urrcnc fiscal yu.r arc concins-111 upon funds for Uta& pu,,.... N1n1 appn»pna1cd . bud .. lcd .
and od1crwi1c made available.
BOND REQUIREME.'IT
J. rr rtus CCHlll'Kt in•ol,..cs 1hc ;,aymcnt ot more tlllu !ifty tHuuncl dollan for 1M c:oa11naeti ... cnc1•. ""'''·----. or i..,...,..... ol •y IMtildi•t·
road. l>ndl•· •iad.ct. tunnel. caca•u1on or ocNt p.elic work for :!'us S1uc. dN COlllf'KtOr saa.11 . NION ... .,., 1,1_.. tllrs perfonaua: ol aa, ,uca wor& iacltldcd
111 ct111 C:OftCnc'I. Aly caecu1c IN dcji"fl' 10 lN SlaN oificiM wilo wdl up tN c:oa&nel. a SON _. ••fflcaan _... w ..._ ......... ....., • lie .,...._ ~,.
llld offic1U 1a I peaal Mlffl IIOt IHI ttlaa OM•-'f ol dlle Cacal --· pay .... tt, Ille --of dtia ceMnl:I. $edl ..... IM&J Ila dldy ....... '7 a 4UUr...a Clll'pel'UC
1urery c:Of!dici ........ UM fa11Jlf•I ,.,,-.,.._.oft .. ~, _. •• Mdicioa.. sa:u1 ,,.. ... tu 1f 111e C9llll9CtW • at. I wan fai, • _.,,,.., fer-~
laOOf'.111uenaft.teU1h1re.J11&1cawa.,-.. ........ ,....,..... ... ..,,..,,.__.orc:_......tt,,Aldlcoacncterorlria..,muwia,-fa oftM-.,il
.. nnrr21;tCC: to N dOftC' o, r.u1, :o pay-~ IN'f'N" •hll ••oeltfl ,wnW :1UCtl1~. t-'•· or._.,;.,....•• •lie~ ... of llle.,... 11W ~ •di pa-,, uw ...... 1n
1'11 ~•• INN caceco••t 1N ,.., ~uid •• ta. ....._ :op&aer •11• ,a,.,.... * die ra&c of c,11111 ,er l:WIII ,-...... U•..., MICIII -.. 11 caaca1C1I.. _.,,,ered a11a
filed. no c._ ill fa.,.. el &ae CNU'Klor ...... ..., sac!I c:NU'K1 taaH IN ........ .ii....,,..._ A ...a.. .,.......,·,c:a.iu., a-.-,.,.._ ,a,r•••
ro rlle T-o1111e .SW. o1 C-_,loo_. ill lift ol a-. 'nlia --ia ia ...,i;--as Ja.».1116.
INDEMNlnCA TION
'-Tome•---lly law, Ille -sull -.U(y, ..,.._ aad llold b-1-1M S-ia _,._ -•-. ...,_ uy aad all claima •
.._-. ,IMilllJ, _ ---.....--_ _, ,_......,. u a-ot•, -•-• lly ----.. iu o-,lo,wa.
a-L •fl H-L • ..._,....... • .. --oldu ClllllnCL '
DISCJIIMINATION AND AffmM.\ffVSACTION
S. 11,a --u-'7 -Ille --o,iril ol u ~ Aaitf . -,;,, Aa ol 1"7. u -----law _.;al dlwf . I --_ .. ,__ ..-<as 2~J.MOZ). -• ,...-lly .._ONor. ..... ~ -Ani..... ADa.-4,nl 16, in,.---· •f.a.wu.•,,,.,_--,., e-;,.-, .-_,_. s .. a.
Dooriat die,.,..,. .... ___ ol lllia--. Illa -..... faUowl:
<•> TIie -will •• duataiaau apiM& .. ,. -,1o,... -.,,u-(or_,..,..... ...... ., ............. __.. ocipa. .....
aama, --.-.-_,. ...... ~_... ..... ·-will--......................... _...,.., __ ..,..._ __ .._._ .. ,_ .......................... 2 ..................... _ .......... ......., ..,..,w ..,...,.1, ....................... ._.._•a . I C ...... _ _,,_, .... .._., . •
-l'ar nillilt1, illc.l ..... :pp: trip ,,.. -..-• ,.. ill . ....... awdale • ...,..,.. -...... ,.. .,,.,-. -....... ~.,, .... .____ .... -. ... _....o1--diac· d -
(bl,,,. --wilL i• all lOlia=--• ~ l'ar _,._ ,._....,, o, •_-el die-. --all.....,_. ..,.._.will
,..;,,.~· _, __ ,,,,-~ ..... -----............... -..-........ _,,._. .. ,-,..;ai......, . ......
(C),,,._will _______ .......,•ool-widlwllicllbe•a ................ ...-.--..
••• a Ntdiel-wace 10 ba ,,.,.._ lip a coancua1 olllc•. awi• .. •...., ..... • ....... :+ · a et•ca11ac11r·1 -..., •
u!ICllliwe O.... l!qual ~auy-Am..u--. -Apnl 16. 1n, .... ., .. ....._,......._ .....,_ a.-.rr11e 0..-.
(d) T'lle cononc1• -·-...,..will f'unull all,.., ..... -..,.... ._..,.II!'...,_,.. Olw ...... Oppemu,ily -AfflraMiwe AaiN ol April
16. 197'. -by ...... 1 ... nrplalioM -0.... of 111o aow.r-. o, ,.._ ---will ...... -• -....... -. --lly ...
coa1ract1n1 •PIICY Mid :.v atricc o( Ille~ .. hd _.,... f• pwpaNS •-iplioa • --c-,iiaa widl -....._ ............ ..,._
lcl A I•-orpn,auon .. ;u -uc·-a11y indi•odual -i• quallftad"""' 1'1111-, rilMS la IUCII -orpaialioa. otapel •y-h ~
from mcmbastl,p 1n suc.'I l.1DOI' o,11nizauon or di1Cnnunac1 ap,m1 -~ of i11 IINlllbln i• lk flail 111,.,,...... ot ...-o,,o,IWli&y ...,. of rxc. aaall. COior.
sc•. nariouJ ori11n . or ~ncncry.
10 A labor orroniauon. or rllc cmplol'ffS or -11cn rllereof .. ;u noc aid.-. inc11e. c~ o, -die--. ot-, ., ~ ill dris c--,o 1M
discnm,nac~ or obllf'\lc: or P"C"\'•rn any person Pram compl!''"I wi1tl 1111 Jll'l"'iSIOIII o(dl11 c--=s cs 111J __. ...C ~ •....,.. ...._ dinctty
or 1ndirecdy. 10 commu anr Jct defined in tla&s coninc:1 to be d11e:11ninaao,y .
'°""' 6-AC·O!I ............ ,
J,t.SJ .. 1·111!
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(') In 1hc even1 of the c:oncrxu,,·s :1on•"ompliaace widl flle non-diicri111ina&i• cJauNS oi Ula& conuact or •ub aay of well nua. ntpduiou. a, orders~·
1h11 conrnc, may be cacctcd. terminaaed or suapaldcd i• •INHc or ia pan 111111 cl'le c.......,. 11111y be dcc!arecl iMJipbla for fwtllcr S1a11: cOIIU'ICtS 1n
Kca<dance with p,ocedura. autllariucl in Eacntt•• Onler. Equal Opponunity ....a Affln1W1vc Act-or April 16. J97S -die no1-. rwpllliNL o;
a<dcn promul11UC11 in accordlDcc u,cn,witb. -sucll -AIICtion u may tie impoutl .... -ia u _, tie i-kld u _...;,, 1!.uc111i" Order.
Equal Oi,pomanity -Affirmative ActiCNI or April 16. 197'. or by nda. ....--. • GIiian ,,_.....,. ia -dNNwilll. or as _....isc
provided by law. ·
1111 The con1nc1or will include inc provisions or pan.,.. Cai 111rou111 (Ill in every sull-conuact -sullc:IIIIUXlar pvclsaM onlol' ualaa n_... ~
n,ics. replat1CN11. or ordcn issued ;,ursuaa110 uceu&i" Onlcr. l!qul Opponlllli1y .... Affinnarivc Action or April 16. 197S. so --is ,,...;sio111 •ill
be ~1ndin1 upon r.acll subconinc,or or •cnctor. nc •-•ill lallc IIICII acrion •idl rws-, 10-,, _ _,;.,or __ ..., u.., coacneun1
•scncy may direct . u • mans or cnforc1n1 _,, prow~ includin1 --f• --compliancr. ,......~ .....__ 111a1 ia die-• <lie -..r
b«o,ncs involved in. or is rllrarcned widl. li1i1asiaa. wtdl rlll SWICOlltnC!Of' or vendor u a res.Ur of IIICll 4incri• by die COIIU'IClial lpllCY. die COIIIIKlor
ma y re11uC11 die S1uc of Col-io _.,. illlO SIICII litipiaa 10 pnlNCI 111c i•aaa ol 1k Scaae or C-.
COLORADO a..uoa Pun:Jl£NCE
........ ..;.;-e10tS .. 11-101•102, • .,..r-.rc:-____ .... _il,,,_ ___ ,_ ___ _
~ n ....... i• ......_ or i•,.,., s.... , .....
~--"••-iott-fwapaMicprojoaia••-••-.a---1a-a,.-....,..a_,.._....,,,,...,
., ~1 .. 1,•n r ;,,nri;nctt11•r,-~ .. ttatlW prft..,... Ji••• ...... ~ 1M , ... ,.,,,...,,.,_ a.a~ ia wtllclldle-,:1·~111 ........ ~ lfil ia......._.. ~
:n..: uffi ..-=:-l"\:,poft1,ibk t\H' :a•fflUllf 1bc bid,, ... ~iallw •"' ..a.~ '41i1Mr.1Uft .09 :way c-a11M Jca.,.; ei (...,,.. (IMldl •tlia ....ad • ..,., ... N p ·ailulc • ....,,d
ncJtc,-11e N iftCDIISlllnt ..... ,.....,..... ol ,..._la•.• ......... luil N ......... • _., • ........ ....., • ..,..._ ...... ot dll-,.o, 10
cli ... ..-, ... i~wiiaF-.. ....,;-1os1-1,.,o, -1021
GENERAL
7. T1lc ..... .t .. _.,c-.. __ ...,.._ _____ _.la wlild la .. -p ____ ...._ ellllia
concnct. Aay--ef<Ma ____ _,__..._..,, .., __ ,......,_ ___ ..,_,_j Cd,...,,_,... __
;,-.. i•caalliawi<aaid ........... ....,_ ... tle _ _,, .. -.~-----....--.. --..,...._ ---.......... ..,_.-;u __ • ___ pan_tle..W•--------· ... -..,_.,...,._ dcr-. __ ....., ______ .., ___ ., ________ tl ______ _
........ ;..._....,_ .
LAlall_...,. .. ,_.. tl-w•C:--U....i,-•• .............. _. ___ .....__.......,._ __ ___ ,,......, .. __.__
9. The•..-----, sia ,_._ ... C1S l~JOI.-. ..._CM-,,_. C..,. ..,._,_.OS, ....... ,.-. ..._~-,,-om.1. ___ .._.,_,.......__,._. .
11.n...--__________ .....,__.,,__ ....... _______ ......., ............
.. "ITNUS......,.. ... ,__ __ __._c-_ .... ..,..,. __
lfCOf1Mlra11•:>
"""' 'Sea,)
-.... c;.112e
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A"1l0V4U
CONTllOU.U ., ----------------~--
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BY AUTHORITY
ORDINANCE NO. _
SERIF.S OF 1995
COUNCIL BILL NO . 33
INTRODUCED BY COUNCIL
MEMBER HATHAWAY
AN OllDINANCB AIIIBNDING TITLE '1, CIIAP1'IUt 68, SBCTION •• or THE
ENGLEWOOD MUNICIPAL CODE 1985 REGARDING OBSTRUCTING
HIGHWAYS AND PUBLIC PASSAGES.
WHEREAS, the sales tranuc:tiona prohibited by this Ordinance pose suhetantial
dangers to the motoring public and to the hawkers; and
WHEREAS, solicitation not only affects the parties directly involved in the
transaction, it alao inc:reues traffic huarda at more remote locations; and
WHEREAS, hawking activity adds another element to traffic that distracta
drivers; and
WHEREAS, although the hawkers are instructed about safety and proper sales
techniques, the hawkers do not consistently adhere to thoae procedures; and
WHEREAS, the City need not wait for misfortune to strike to demonstrate a need
for the Ordinance; and
WHEREAS, the Ordinance addresses lecitimate pvemmental interests; and
WHEREAS, ample alternatives to solicitation on the median currently exist and
thia Ordinance does not endanpr the ability to apreu ideas; and
WHEREAS, this Ordinance complies with the Colorado Supreme Court decision in
Pcoxv PubJilbioc Cornpeny x City oC Amon 19 B.T.R. SO& {Colo. 1995);
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
$cct;igp 1 The En,lewood City Council hereby amends Title 7, Chapter 68, Section
6, by adding an-Para,raph D, of the Englewood Municipal Code, 1985 which shall
read as follows :
7-68-6: OBSTRUCl'ING mGBWAYS AND PUBUC PASSAGES:
A. An individual or corporation commits an oft'enae if without lepl privilep
he intentionally, ltnowin•ly, or recldeuly:
1. Obstructs a higliway, ,treat, 1idewalk, mall, railway, waterway,
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buildinc entrance, elevator, ai1le, ltairway, or hallway to which the
public or a aubltantial poup of the public hu acceu or any other place
uaed for the puup of penon1, vehicln, or conveyancn, whether the
obstruction arise, from his acts alone or from his acts and the acts of
otherS; or
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2. Disobeys a reasonable request or order to move iaaued by a person he
knows to be a peace officer, a fireman, or a penon with authority to
control the uae of the premi11e11, to prevent obatrw:t.ion of a stnet or
passageway or to maintain public safety by dispening thoee gathered
in dangerous proximity to a fire, riot, or other hazard.
B. For purposes of this Section, •obstruct• means to render impassable or to
render pauace unreasonably inconvenient or hazardous.
C. It shall be unlawful for any penon enppd in the ule of ne-papen,
mquines or other eooda or merchandiM, to make any unn-.ary -d
or noise, to obstruct any sidewalk or other public place, or disturb or impede
othen. (Ord. 65 Series 1986)
D. SOLICITATION ON OR NEAR STBEET OR HIGHWAY.
1. THE PURPOSE OF THIS PARAGRAPH IS TO PREVENT
DANGERS TO PERSONS AND PROPERTY, TO PREVENT
DELAYS, AND TO AVOID INTERFERENCE WITH THE TRAFFIC
FLOW. ROADWAYS THAT HAVE CENTER MEDIANS OFTEN
ARE DESIGNED TO DEAL WITH SPECIFIC TRAFFIC FLOW
PROBLEMS. ANY DELAY OR DISTRACTION MAY INTERFERE
WITH TRAFFIC PLANNING. SOMETIMES PERSONS STAND
NEAR INTERSECTIONS AND NEAR TRAFFIC LIGlfl'S TO
CONTACT DRIVERS OR PASSENGERS IN CARS THAT ARE
PASSING OR THAT ARE STOPPED TEMPORARILY DUE TO
TRAFFIC LIGHTS.
2. IT SHALL BE UNLAWFUL FOR ANY PERSON TO soucrr
EMPLOYMENT, BUSINESS, CONTRIBUTIONS, OR SALIS OP
ANY KIND, OR COLLECT MONIBS FOR THE SAME, PROM TRB
OCCUPANT OF ANY VEHICLE TRAVELING UPON ANY 8TBBBT
OR HIGHWAY WHEN SUCH SOLICffATION OR COu.ECTION:
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A CAUSES THE PEBSON PERFORMING THE ACTIVITY TO
ENTER ONTO THE TRAVELED PORTION OF A STREET
OR HIGHWAY.
B. INVOLVES THE PERSON PERFORMING THE ACTIVITY
TO BE LOCATED UPON ANY MEDIAN OR ISLAND AREA
WHICH SEPARATES TRAFFIC LANES.
C. THE PERSON PERFORMING THE ACTMTY IS LOCATED
SUCH THAT VEHICLES CANNOT MOVE INTO A LEGAL
PARKING AREA TO SAFELY CONDUCT THE
TRANSACTION.
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3. IT SHALL BE UNLAWFUL FOR ANY PERSON TO SOLICIT OR
ATI'EMPT TO SOLICIT EMPLOYMENT, BUSINF.SS, OR
CONTRIBUTIONS OF ANY KIND FROM THE OCCUPANT OF
ANY VEHICLE ON ANY HIGHWAY INCLUDED IN THE STATE
SYSTEM INCLUDING ANY ENTRANCE TO OR EXIT FROM
SUCH HIGHWAY.
4. FOR PURPOSES OF THIS PARAGRAPH, THE TRAVELED
PORTION OF THE STREET OR HIGHWAY SHALL MEAN THAT
PORTION OF THE ROAD NORMALLY USED BY MOVING
MOTOR VEHICLE TRAFFIC.
Sm;tjgn 2 If any aection, paragraph, claUN, or other portion of this ordinance ia for
any reason held to be invalid or unenforceable, the invalidity or unenforceahility
ahall not affect any of the remaininc poniona of thia ordinance.
Sm;tjgn 3 The General Penalty Provision of E.M.C . l..._l, ahall apply to each and
every violation of this Section.
Introduced, read in full, and passed on ftnt readinc on the 19th clay of June, 1996.
Published u a Bill for an Ordinance on the 22nd clay of June, 1995.
Read by title and paued on final readinc on the 3rd clay of July;, 1995.
Published by title u Ordinance No. __, Series of 1996, on the 6th clay of July,
1995.
Thoma J. Burns, Mayor
ATTEST:
Loucriahia A. Ellis, City Clerk
I, Loucriahia A. Ellis, City Clerk of the City of £nclewood, Colorado, henby
certify that the above and foneoinc ia a true copy of the Ordinance palled on ftnal
readinc and published by title u Ordinance No.__, Series of 1996.
Loucrilbia A. Bllia
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ORDINANCE NO. _
SERIES OF 1995
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BY AUTHORITY
COUNCIL BILL NO . :W
INTRODUCED BY COUNCIL
MEMBER HATHAWAY
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AN ORDINANCE AUTHOIUZING AN INTERGOVSRNMBNTAL AGlUQDO!Jff
BETWEEN THE UNITED STATES DEPARTMENT OF THE INTERIOR GEOLOGICAL
8tJRVBY AND THB CITY OP BNGLBWOOD, COLORADO EN'l'l'KaD "DBPARTIIBNT
OF THE INTERIOR GEOLOGICAL SURVEY JOINT FUNDING AGREEMENT FOR
WATER RBSOURCBS INVBSTIGATIONS.•
WHEREAS, a stream flow gap which is operated and maintained by the U.S. GeolCJlical
Survey (USGS) has been in operation since 1990 at Union Avenue and the South Platte River;
and
WHEREAS, the information from the pp i1 critical durinc low flow perioda to determine
if water muat be rel-d from Chatfield Reeervoir; and
WHEREAS, the data provided by the peing station is required by the State Water
Commi11ioner in order to make releue1 from Chatfield Reaervoir durinf low flow
situation, in which inaufficient water ii available to meet pumping demanda at Union
Avenue Pump Station; and
WHEREAS, the Englewood Department of Utilities ahares in the annual cost of operating
and maintainine the station on a ~ baai1, with the remainine 5~ contributed by the
USGS ;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
5cs;tjgn 1 The " Deparbnent of the Interior Geolocical 8W'V9)' Joint Fundinc Acreement
For Water Reaourcea Inveltiptiona • with the United St.at.a Department olthe Interior
GeolCJlical Survey ii hereby accepted and appnmd by the Enclewood City Council. 'nle
Mayor i1 authorized to eucute and the City Clerk to attest and Nal the Aareement for and on
behalf of the City of Eqlewood, Colorado.
5cs;tjgn 2. The Department of the Interior GeolCJlical Survey Joint Fundinc Acreement For
Water Reaourcea Inveatiption1 ii attached u "lbhibit A·.
Introduced, read in full, and paned on tint readinl on the 19th day of June, 1995.
Publiahed aa a Bill for an Ordinance on the 22nd day of June, 1995.
Read by title and palled on final readine on the 3rd day of July, 1995.
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Publiabed by title u Ordinance No.__, Seri• of 1995, on the 6th day of July, 19915.
ATTEST:
Loucrilbia A. Bllia, City Clerk
I, Loacriahia A. Bllia, City Clerk • the City • Bqlewood, Colorado, hereby certify that
the abov9 and fonpias ia a true C11PJ of the OnlinaDce paMed on &nal nedias and
pablilbed by title u Ordinance No. __, Seriea • 11915.
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Form 9-1 366 Department of the Interior AQraement Nbr: C09512600
\REV. 6/86) Geological Surwy Customer Nbr : C0108
Joint Funding AgnNlfflllflt
FOR
WATER RESOURCES INVESTIGATIONS
THIS AGREEMENT is entered into as of the 1st day of October 1994 by the GEOLOGICAL SURVEY,
UNITED STATES DEPARTMENT OF THE INTERIOR, par,y of the first part, and the CITY OF ENGLEWOOD. par,y of
the second part.
1 . The parties hereto agree that subject to the availability al appropriations and in aa:ordance with their respective authorities
there shall be maintained in cooperation tor the operation and maintenance of streamflow gaging stations. South Platte
River at Union Avenue
2. The following amounts shall be contributed to cover all of the cost of the necessary field and office work directly related
to this program, but excluding any bureau level general administrative or accounting work in the office of either par,y.
(a) $4,100.00
(b) $4,100 .00
by the party of the first part during the period October 1, 1994
to September 30, 1 995
by the party of the second part during the period October 1, 1994
to September 30 . 1995
(c) Additional amounts by each party during the above period or succeeding periods as may be determined by mutual
agreement and set forth in an exchange of letters between the parties.
3 . Expenses incurred in the performance of this program may be paid by either party in conformity with the laws and
regulations respectively governing each par,y, provided that so tar as may be mutually agreeable all expenses shall be
paid in the first instance by the party of the first part with appropriate reimbursement thereafter by the party of the second
part. Each par,y shall furnish to the other par,y such statements or reports of expenditures as may be needed to satisfy
fiscal requirements .
4 . The field and office work pertaining to this program shall be under the direction of or subject to periodic review by
an authorized representative of the party of the first part.
5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their
authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first
part to insure the required standards of accuracy subject to modification by mutual agreement.
6 . During the progress of the work all operations of either party pertaining to this program shall be open to the inspection
of the Oltler par,y, and it the work is not being carried on in a mutually satisfactory manner. either party may terminate
this agreement upon 60 days written notice to the other par,y.
7. The onginal records resulting from this program will be deposited in the office of origin at thoee records. Upon request.
copies of the original records will be provided to the office al the otner party.
8. The maps, records or reports resuiting from this program snall be made available to lhe public u prorl'4)11y as possible.
The maps, records or reports normally will be published by the party at the first part. However. the party of the second
part reserves the right to publish the results of this program and. it already published by lhe party of the first part shall,
upon request, be furnished by the par,y of the first part. at cost, impressions suitable for purpoees of reproduction similar
to that for which the ong1nal copy was prepared. The maps, records or reports published by either party shall contain
a statement of the cooperative relations between the parties.
9. Billing for this agreement will be rendered annually . Payments of bills are due within 60 days
after the billing date. If not paid by the due date. interest will be charged at the current Treasury rate for each 30-day
period, or portion thereof. that the payment is delayed beyond the due date. (31 USC 3717; Comptroller General File
B-212222. August 23 , 1983 .). CITY OF ENGLEWOOD
GEOLOGICAL SURVEY
UNITED STATES By
DEPARTMENT OF THE INTERIOR
~Je~dJ;_, By
By District Chief. WRD . Colorado District
(SIGNATURE & TITLE) By
(USE REVERSE SIDE IF ADDITIONAL SIGNATURES ARE REQUIRED)
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COUNCIL COMMUNICATION
Data
July 3, 1995
INITIATED BY
Department of Public Wor1<s
Agenda Item
12 a 1
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
STAFF SOURCE
Chartes Ester1y, Oirec:tDr of Public VVori<s
Kieth Lockwood, Fire Administration Division Chief
Council approved the 1995 Public Improvement Fund, which included monies for the expansion and remodeling of
the Tejon Fire Station to accommodate male and female tire station personnel.
RECOMMENDED ACTION
Staff recommends Council award by motion a construction contract in the amount ol S 11,173.00 to J.C. lroob &
Companr fer the remodeling and expansion of the Tejon Fire Station.
BACKGROUND, ANAL VS'-, AND ALTERNATIVES IDENTIFIED .
In early 1988, communications between the Fire Administration and the Public Wortcs Department revealed the
need to expand the Tejon Fire Slation in order to provide separal8 dormitory and reatroom facilltlN for male and
female fire lighters.
The new addition and remodel will provide the separate quartars far tint personnel. Conatrucllan wil be
coordinated to minimize disNP.ti0"5 ID Station operations.
During the period of conslNC:lion, there will be some disNplion in the day~ adlvillN of the persoi••
assigned ID the Tejon Station; however, the disruption will be llrnillad ID acceu and UN of the kitchen and day-
room facilities, • these two l'OOffll .. included in the rwnodallng projact. The Prajec:t Spac:lllc:alio11a prohibit
unscheduled interruptions ID any utility or .,. which may a«.ct the prolia Hional operation of the Station, ttl8l9by
averting conflict of conatruc:tion ac:tivitia with the emergency responaa IINm l'9SpOl'ISibill.
The project consists of a base bid for a 524 squar9 foot building addition south of the existing station, plus 483
square faet of existing building renovation. The allarnaw to this pro;ac:t provides an additional 128 square fNt
(base bid Of $89,415 + altefflatll of$9,558 • $98,973). I
Fire Administration staff recommends proc:Ndlng with boCtl the baaa bid and ...,,. building additions. in
conjunction with the salac:t renovation of the existing building.
Staff rec:eiYed ...,.,, (7) bids for this p,ojac:t. The low bidder la J.C. llroolla & Company.
Staff rec:ommanda award of this c:ontrac:t to J.C. Broolca & Company In the amount of $98,973.
The architect's estimate far ttli9~ is S101, 182.
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FINANCIAL IMPACT
The final bid tabulations are u follows:
1. J.C. Brooks & Co.
2. Barba & Sans Construction
3. Maxwell ConstructiOn
4. lntlijpad ConllNdiOn ServiceS
5. Alh & 'M1i11a ConstNdlon
8. Long Conmuclian
7 . Starur & Co.
Arctlillact's Estimal9
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$98,973
$102.700
$103,339
$105,4&4
$112.500
$112,800
$118,704
$101,182
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Funds for this project wer9 bud~ in 1he amount of $90,000 In 1he 1995 Pubic Improvement Fund. The project
cost summary including 1D ct-. expe!IW n a follows:
Archil9Ct'I F ...
Construction Costa
Admin. / Engineering / Contingency
Total
Adequaa funds are available in the PIF fund belanee,
UST OF ATTACHlaNTS
Contract wlltt J.C. 8roola a Company
Bid Propoull TabuldOn
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$ 9480
S 98,973
U5JKll2
$133,413
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C:ONTAACT
CITY OF ENGLEWOOD, COLORADO
THIS CONTRACT and agreement, made and entered into this 3RD day of JtJLY,
1995 by and between the City of Englewood, a municipal corporation of
the State of Colorado hereinafter referred to as the •city•, party of
the first part, and J.C. BROOICS • COMPANY, hereinafter referred to as
the •contractor•, party of the second part. WITNBSSETR, coanenci.ng on
the 19TH day of APRIL, 1995, and continuing for at least ten (10) days
thereafter the City advertised that sealed proposals would be received
for furnishing all labor, tools, supplies, equipment, materials and
everything necessary and required for the following:
PROJECT: TEJON FIRE STATION REMODELING AND ADDITION
WHEREAS, proposals pursuant to said advertisement have been received by
the Mayor and City Council and have been certified by the City Engineer
to the Mayor and City Council with a reconeend•tion that a contract for
said work be •-rded to the above named Contractor wbo -s the lowest
reliable and responsible bidder therefore, and
WHEREAS, pursuant to said recoanendation the Contract baa been awarded
to the above named Contractor by·the Mayor and City Council and said
Contractor is now willing and able to perform all of said work in
accordance with said advertis-t and his proposal .·
NOW noatBPORB, in consideration of the compensation to be paid the
Contract, the 11111tual agr-ts hereinafter contained are subject the
teJ:1118 hereinafter stated:
A. Cgnt;r•st Don-nu: It is agreed by the parties hereto that the
following list of inst~ts, drawings and ~ts which are
attached hereto, bound herewith or incorporated herein by
reference constitute and shall be referred to either as the
Contract Doc:wnents or the Contract and all of said instruments,
drawings, and documents taken together -a whole constitute the
Contract bet-en the parties hereto and they are as fully a part
of this agreement as if they were set out verbatim and in full
herein: .
Advertisement of Notice for Proposals
Proposal
Contract (this inst~t)
Performance Payment Maintenance Bond
Receipt, Rel•-•· Waiver of Claims
Special Provisions
a.neral Conditions
Detailed Specifications
Plans and Drawings
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B. scgpo gf Wgrk: The Contractor agrees to and shall furniah all
labor, tools, supplies, equipment, materials and everything
necessary for and required to do, perform and complete all the
work described, drawn, set forth, shown and included in a&J.d
Contract Documents.
c. Torma gf Pertennense: The Contractor agree• to undertake the
performance of the work under this Contract within ten (10) daya
from being notified to coanence work by the Director of Public
Worka and aCJreea to fully CClllplete nid work within 'l'BIJlTY(30)
calendar daya from the date of nid notice, plua such extenaion
or extension.a of time as may be granted by the Director of
Public Worka in accordance with the provision.a of the General
Condition.a.
D. Toma pf hYJDtlPt : The City &CJrNS to pay the Contractor for the
performance of all the work required under this contract, and
the Contractor agrees to accept as his full and only
compensation therefore, such sum or auma of money as -y be
proper in accordance with the price or prices set forth in the
Contractor•• Proposal hereto attached and made a part hereof,
the total estimated coat thereof being NINETY-BIGHT TROtJSAIID
NINE RtJNDRBD SBVDITY-TBJlBB dollars ($98,973.00).
B. Apprgpriat,ipp pf •nnd•: At present, $90,000 baa been
appropriated for the project. llotwithatandinCJ anything
contained in this ~t to the contrary, in the event no
funds or inau!ficient funds are appropriated and budgeted by
the CJOverninCJ body or are otherwi .. un&vailable by any aeana
whatsoever in any following fiscal period for which
appropriation.a -re receiv.d witbou.t penalty or expenae except
as to tboae portions of the Agr-t or other aaounts herein
for which !Wida ba,,. already been appropriated or are
otherwise available.
The City shall iaaediately notify J.C. 9IIOOICS • CCNPAirY or its
assignee of such occurrence in the event of such tuainaticm.
P . CAPtnst 11 Pd1 pg: It is avreecS that this contract ah&ll be
binding on and inure to the benefit of the parti-bereto, tbeir
heirs, executors, adainiatratora, assigns, and aucceaaon .
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IN WITNBSS WRBRBOP, the parti•• b&,,. cauaed the•• pnaent• to be aigned
peraonally or by their duly autllorised officer• or agent• and their
•••l• affixed and duly atteated the day &Dd }'9&r firat abov9 written.
Thi• Contract i• executed in thr-(l)COUDterparta.
CITY OP llllQLSWOOD
by-----------Mayor
Party of the Pint Part
AT'l'SST:
City Clerk ccatractor
App~ -to form: . by ___ __...,....--,,,----=--""'."'
Party of tbi ieccad Part
City Attorney
ATTBST:
Secretary
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BID PROPOSALS TABULATION
TEJON FIRE STATION EXPANSION
Cata Opened Mix 18 li9!
Bidder/ Plan Holder BauBld Bond Tocat Bid wit11 Altllmata
.Arcnitad's Estlmlla S101, 1S2
Leng ConslrUCllan $105,900 X $112,500
J.C. Brooks & Co. $89,415 X 111.ffl
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Ash & Whilll ConlllUClian $105,000 ·x $112,500
Statur&Co. $103,904 X $118,7°'
,
Muw.11 Conslrucllan SN,374 X $103,339
llltlaglallld Conatndan ServicN ...... X S105,_.
Batba & Sona COllllrUCllan m.111 X $102,700 ..
Lovv -·.,...-~ IIAR MT. aARa111 a.--,. -,-.as;i,n,u
LOW 81uueK. 11A51! 111D PLUS ALT. NO. 1: J.C. &QJ..UB.fT.J
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GENERAL CONTRACTOR
51115 WEST 511TH A\IENUE
AffVAOA CO 8DDD2
June 13, 1995
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J.C. BROOKS & CO., INC.
Re: Tejon Fire Station
Mr. Aaron Thompson
EnglevOOc:1 Public Worka
3400 S. Elati St.
EnglewOOc:1, co 80110-2304
Dear Mr. Thoapaon:
Per your phone requ-t today, we hereby agree to a tiae
extenaion to July 18, 1995, for the acceptance of our bid of
May 16 for the reaodeling and addition to Tejon Fire Station.
Sincar•l~.
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PART 1 -GENERAL
1.1 SUMMARY;
section Includes;
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01030 -l
SECTION 01030 ALTERNATES
Requirements and descriptions for Alternates IS defined herein and IS
indicated.
1.2 DEFINITIONS:
"Alternates" are defined IS alternate products, uterials, equipaent,
systems, methods, units of work or ujor eleaents of the construction,
which 111ay, at the Owner's option and under the tenas established by
Bidders' Instructions and in the Contract or Agre ... nt, be selected for the
work in lieu of the corresponding requireaents of the Contract Docuaents.
Selection may occur prior to the Contract Date, or uy, by the Agreeaent,
be deferred for possible selection at a subsequent date.
1.3 PROCEDURES:
Include as a part of each alternate, aiscellaneous devices, appurtenances,
differences in utility or power requirements and siailar it .. s incidental
to or required for a coaplete installation whether or not mentioned as part
of the alternate.
1.4 LIMITATIONS:
The description here~n of each alternate is recognized to be incoaplete and
abbreviated, but requires that each change .. st be coaplete for the scope
of work affected. Refer to the applicable specification sections (Di.visions
2 through .16), and to applicable drawings, for the specific requireaents of
the work. Coordinate related work and IIOdify surrounding work as required
to properly integrate with the work of each alternate.
PART 2 -PRODUCTS (Not Applicable)
PART 3 -EXECUTION
3.1 SCHEDULE OF ALTERNATES;
A 1 ternate No. 1 ;
Base Bid: Patio with concrete slab and fence enclosure at west end of new
addition adjoining Day Room.
Alternate: Delete west patio concrete slab and fence enclosure, extend
building addition over area designated as west patio enlarging Day Rooll to
west wall of existing building. Maintain sliding glass door in relocated
west wall. Remove existing wood window in south wall and relocate to new
south wall.
END OF SECTION 01030
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DATE
July 3, 1995
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COUNCIL COMMUNICATION
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SUBJECT South Denver
Medical Plaza Planned
Development
INITIATED BY:
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STAFF SOURCE:
City Planning & Zoning
Commission
Harold J . Stitt, Planning
Administrator
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION;
City Council Goal: Economic Development
Prevjous Councjl Actjon: City Council has not taken previous action regarding this site.
RECOMMENDED ACTION;
City Council is requested to approve the South Denver Medical Plaza Planned Dcvdopment.
All issues of concern expressed before the Planning Commission have been addressed and re-
solved .
BACKGROUND, ANALYSIS, AND ALTERNADYFS IDENTIFIED:
The subject site is zoned for 8-2, Business, and 8-1, Business. The west side of South Lin-
coln Street was the former site of Coven Auto Body, and is currently undevdoped. The east
side of South Lincoln is an undeveloped parking area .
The proposal is to develop a 43,500 square foot, two-story, medical office building. Dcvd-
opment of the site with the medical office building does comply with the Comprehensive
Zoning Ordinance, and is consistent with the Generalized Land Use Section of the Compre-
hensive Plan . There is insufficient space on the site to provide all the required parking, and
the proposal includes development of a currently undeveloped parlrinc area on the east side of
South Lincoln Street. The applicant has also secured an agreement with the Archdiocese of
Denver for use of a parking lot on the south end of the block on the west side of South Sher-
man Street, which is used by St. Louis Church. The applicant has met with the Utilities De-
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partment and has resolved the issue of protection of the City Ditch as it crosses the subject
site.
If the application for Planned Development approval is not approved by the City Council, the
site may remain vacant and non-productive.
FINANCIAL IMPACT;
The proposed development will generate income from Building Permit fees. Personnel work-
ing in the new development could generate additional sales tu revenue from sboppin& local
retail stores. New development will also increase property tu revenues to the City.
LIST QF AITACRMENTS;
Resolution
Findings of Fact
Staff Report
Agreement with Archdiocese of Denver
License Agreement with City of Englewood on City Ditch
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CITY OF ENGLEWOOD PLANNING AND ZONING COMMISmON
IN THE MA Tl'ER OF CASE 12-95
FINDINGS OF FACT, CONCLUSIONS
AND RECOMMENDATIONS RELATING
TO A PLANNm DEVELOPMENT FOR
soum DENVER MEDICAL PLAZA,
3299 SOUTH LINCOLN STREET,
ENGLEWOOD, COLORADO 80110
FILEDBY
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3299 S. LINCOLN STREET PARTNERSHIP )
KEVIN G~CRER, GENERAL PARTNER)
3299 SOUTH LINCOLN STREET )
ENGLEWOOD, COLORADO 80110 )
FINDINGS OF FACT AND
CONCLUSIONS OF THE
crrY PLANNING AND
ZONING COMMJSgON
Commission members present: Homer, Redpadl, Tobin, Weber, Douglas, Dummer
Mason
Commission members absent: Garrett, Shoop
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The application for approval of a Planned Development was heard before the City Planning
and Zoning Commission on April 18, 1995 in the City Council Chambers of the Englewood
City Hall.
Testimony was received from staff, from the applicant. and from members of the audience .
The Commission received the Notice of Public Karin&, Cenifica&ion of Pomaa, the Slaff Re-
pon, and revised plans for the Planned Development, all of which were incorponled into and
made a part of the record of the Public Hearin&,
After considering the statements of the witneslel, and reviewin& the pertinent documents, the
members of the City Plannina and Zonin& Commiaioa made the foUowin& Findinp and
Conclusions. ·
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FINDINGS OF FACT
1. fflA T the Public Hearing was initiated upon an application filed by the 3299 South
Lincoln Street Partnership, Kevin Gallacher, General Partner.
2. fflAT the Notice of Public Hearing was published in the Englewood lw:ald on April
6, 1995 .
3. mA T the property was posted the required minimum 15 day period, said posting giv-
ing notice of the date, time, and place of the Public Hearing.
4. fflAT Planning Administrator Stitt presented testimony regarding the proposed devel-
opment of the site, reviewed comments and concerns voiced by other City Depart-
ments, specifically the Utilities Department regarding the integrity of City Ditch.
5. fflAT Jim Morgan. Vice President of Lee Architects, testified to the physical nature
of the proposed development, and revisions that the applicants have made in their pro-
posal to address concerns of the City. The applicants are negotiating an agreement
with the Archdiocese of Denver for joint use of parking currently used by St. Louis
Church , and will present a signed agreement to the City.
6. fflAT Mr. Morgan further testified to the intent of the applicants to preserve the in-
tegrity of City Ditch by covering it with a concrete slab. Testimony was also presented
regarding storm drainage provisions on-site.
7. mAT Mr. Morgan suggested the small, ttiangu)ar-shaped parcel owned by the City of
Englewood, which is currently unimproved but used for parking, be landscaped by the
applicants to serve as an attractive park-like area.
8. mA T Commissioner Homer posed questions regarding directional si&fla&e to and
within the parking lots, landscaping of the parking lots. Commissioner Homer further
commented that the parkin& ratio for medical office complexes is currently 5:1,000
square feet rather than the 3:1,000 square feet contained in the Comprehensive Zonin&
Ordinance.
9. mAT Ms. Darlene O'Neil questioned the drainage plan and expressed concern that
increased drainage might impact their property along South Broadway.
10. mA T Earl Ladewig asked for assured cooperation regarding a jointly used curb-cut
and expansion of the curb cut on his property; he expressed concern that a wooden
fence on his south property line would be damqed by vehicles parkin& on the medical
plaza property; expressed concern regardin1 use of the parking lots by patrons of the
Gothic Theater concerts and the "trashing" of the parking lots and adjacent properties by
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those patrons; discussed the general condition of the alley and the poor drainage which
currently exists.
11. THAT John Schieving testified to concern regarding on-street parking, to the fact that
the gange on his property is too small to accommodate his vehicle, and wanted assur-
ance that he could park .. in front" of his property. Mr. Schieving also testified to the
residential nature of the block even though it is zoned for business development, and
asked that the medical plaza development not be allowed because it would ruin the resi-
dential character of the ne:ishborhood.
12. THAT Kent Krausman testified to his affiliation with the Gothic Thc:aler, to ptoposed
changes of venue at the Thc:aler, and the anticipated resultin& change of the pa1rons at-
tracted to the presentations.
13 . THAT Commissioner Dummer inquired regardina City responsibility to improve the
alley, to which Mr. Stitt responded that alley improvements are the responsibility of the
adjoining property owners.
14. THAT Commissioner Tobin expressed concern regarding the parking agreement with
the developer and the Archdiocese of Denver, and the ramifications if the agreement is
terminated in future .
CONCLUSIONS
1. TBA T proper notice was published in the Ena(ewood Braid, the official City News-
paper, on April 6, 1995, and the property was properly posted &ivin& notice of the
date, time, and place of the Public Hearing.
2. THAT testimony was received from Slaff, from the applicant representative, and from
members of the audience.
3 . THAT written information, in the form of the Staff Report, a written statement dated
April 18, 1995 and revised plans from the applicant, were received and incorporated
into the record of the Public Hearing.
4. THAT the proposed construction of the medical complex is in compliance with the
Comprehensive Zoning Ordinance and the Comprehensive Plan.
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DECISION
THEREFORE, it is the decision of the City Planning and Zanin& Commission that the appli-
calion for approval of a Planned Development filed by 3299 S. Lincoln Street Putnersbip be
approved.
This decision wu reached upon a VOie on a motion made at the meeanc of the City Plannin1
and Zanin& Commission on April 18, 199S, by Ms. Tobin, mcc,nded by Mr. Homer, wbich
motion stares:
"The Planning Commission recommend approval of the Planned DrNelopment for 3299 South
Lincoln Street Putnersbip; this recommendalion is not ID be forwarded ID City Council for
final action until an acn,ement for shared pukinc is siped by the Archdiocete of Denver and
the applicant, and pramted by the applicant..
AYES:
NAYS:
ABSTAIN:
ABSENT:
Tobin, Weber, Douglas, Dummer, Homer, Redpath, Muon
None
None
Garrett, Shoop
These Findings and Conclusions are effective as of the meeting of April 18, 199S.
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STAFF REPORT
CASE NO. 2-9!5
STAFF REPORT RE;
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South Denver Medical Plaza Planned Development
DATE JO BE CONSIDERED;
April 18, 199S
NAME AND ADDRESS OF APPLICANT;
3299 South Lincoln Street Pannenhip
Kevin Gallacher, General Partner
3299 South Lincoln Street
Englewood, Colorado 80110
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PLANNED DEVELOPMENT
PUBLIC BJAB1NG
NAME AND ADDRESS Of PROPERTY OWNER/LESSEE;
3299 South Lincoln Street Pannenhip
Kevin Gallacher, General Partner
3299 South Lincoln Street
Englewood, Colorado 80110
ZONE DISTRICT;
B-1, Business District
B-2, Business District
RELATION JO COMPREHENSIVE PLAN;
The 1979 Generalized Land Use Map designates this area u pan of the Central Business District.
The proposed medical office building is consistent with this daipario,L
LEGAL PESCRIPTJQN;
Lots 2S-38, Block S, Rose Addition
Lots 17-24, Block 6, Rose Addition
LOCATION Of PROPERTY;
The subject property is located in the area bounded by East Ginrd Avaue on the north, South
Lincoln Street on the eat. East Flc,yd Avemae on the south, 111d South Broadway on the welt.
The site is currently undeveloped and ii 1.443 acres in area.
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PROCEDURE:
The Planning Commission is required to hold a Public Hearing on the proposed Planned
Development . The recommendation of the Planning Commission to approve, or deny the Plumed
Development must be foiwarded to City Council within thirty days of the Public Hearing. City
Council may choose to hold a Public Hearing on the proposed Planned Development or the City
Council may act upon the recommendation of the Planning Commission without holding a Public
Hearing .
COMMENTS FROM OTHER DEPARTMENTS;
Safetv Services • Community Services : All construction must comply with applicable building
codes .
Public Works· Engineering Services :
All adjacent concrete must be brought up to City standards.
All unused curb cut must be closed .
Five handicapped spaces are required .
Two parking spaces in the west lot and four parking spaces in the east lot must be
eliminated due to conflicting turning movements .
All 90 degree full sized parking spaces shall be 9' by 19'.
Approved parking, handicapped parking and traffic directional signage shall be installed in
all parking lots .
Trash facilities must be located so as not to be obstructed by parking spaces.
The City Ditch meanders northwesterly across Parcel .. C" which is the proposed parking
area on the northeast comer of South Lincoln Street and East Floyd Avenue. The
location of the City Ditch must be indicated on the plans for this parcel. Contact the
Utilities Department for assistance in locating the pipe .
The grading plans must show the top of the pipe in relation to all earth work and in
relation to final grade.
The existing City Ditch "pipe" is fragile and very shallow . Loads to be placed on the pipe
are a major concern . If the cover over the pipe is not adequate to protect the pipe &om
heavy equipment during grading and paving, and from parked can and trucks, the pipe
will have to be replaced to City specifications. Whether or not the pipe nmst be replaced
is at the sole discretion of the City's Utilities Department.
The City Ditch is operated from April throup October. The City bu contnctual
obligations to deliver water to Denver. Shutting down the Ditch is not possible .
Improvements to the Ditch must be performed from November through March.
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Any existing water service laterals not to be used as pan of this development shall be cut
at the main prior to construction.
Any existing sewer service laterals not to be used as pan of this development shall be cut
at the property line prior to construction.
DEPARTMENT OF COMMUNIJY DEVELOPMENT ANALYSIS;
The proposed South Denver Medical Plaza Planned Development is for the development of a
43,355 square foot two story medical office building. The subject site contains approximately
1.443 acres or 68,673 square feet and is currently vacant.
In reviewing a Planned Development the following standards are to be applied :
l . Uses permitted. The use of the property which is the subject of the Planned Development,
shall be a Permitted Principal Use in the Zone District in which the Development is located,
or a use permitted pursuant to other provisions of the Zoning Ordinance.
Medical office buildings are permitted uses in the B-1 and B-2 zone districts.
2 . The Planned Development shall be consistent with the intent of the Comprehensive Plan and
the policies therein.
As pan of a Central Business District, the proposed South Denver Medical Plaza is
consistent with the Comprehensive Plan .
3 . The Planned Development's relationship to its surroundings shall be considered in order to
avoid adverse eff'ects to the existing and possible future development caused by traffic
circulation, building height or bulk, lack of screening or intrusions of privacy .
The proposed South Denver Medical Plaza bu been sited to reduce the impact on
the adjacent area and take advantage of the topography of the site.
4 . Minimum requirements for usable open space shall be set through the overall design and
amenities proposed for development.
The proposed development is required to provide total 1andlCll)ing that equals
I 0-/o of the lot area with one half of the landscaped area in 1iviJli plant material .
Based on a lot area of 68,673 square feet this development must provide 6,867
square feet of total landscaping and 3,434 square feet of live plant material .
Additionally, one street tree is required for each forty feet of street frontage. The
total street frontage of this site is 799 feet and thus requires 20 trees on the site.
The landscaping provided exceeds these requirements .
5. The number of off-street parking spaces in the proposed development shall not be less than
the requirement of Comprehensive Zoning Ordinance.
The proposed plan shows a total of 120 parking spaces beina provided, four of
which are handicapped designated. The number of spaces required for this
development is based on one space for each 300 square feet of net rentable area,
(excludes public area, common hallways, and common bathrooms .) The net
leasable area of the proposed development is 37,268 square feet which would
require 124 parking spaces of which five must be handicap acceuible. The City's
Traffic Analyst bu indicated that in the east lot four spaces must be eliminated due
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to conflicts ( one space at each end of the southern and nonhem rows) and in the
west lot two spaces must be eliminated due to conflicts ( one space at each end of
the northern row.) The net result is that the proposed plan is deficient of the
required parking by ten spaces.
6 . Site Plan. The approving agencies shall be satisfied that the site plan for the Planned
Development meets all the following requirements :
I.. If the proposed development includes multi-family or nonresidential buildings or
structures and is adjacent to a single family residential use district, the development shall
contain a buffer.
This development is not adjacent to a single-family residential use district but is
adjacent to a single-family residence. A landscaped buffer is proposed between
these two properties adjacent to an existing fence.
12.. Within the Planned Development, sufficient space must be provided between buildings
and structures, giving consideration to their intended use, their location, design and height.
the placement and extent of facing window areas, and the topography and other such
other natural features as will assure privacy and a pleasant environment.
The proposed development contains a single two story building and is designed to
be compatible with the existing neighborhood and the unique topography of the
site.
k-If the area of the development is such that an internal circulation system is necessary,
such a system shall be designed for the type of traffic that will be generated, and all curbs
at entrances and other access points shall have ramps to facilitate access for the
handicapped and bicycles .
The internal circulation system meets this criteria and has been designed to provide
adequate access to the site.
d.. Bicycle and pedestrian trails are to be provided where the City bicycle and/or trail plan
or the Regional Bicycle Transportation Plan shows such trail or trail conidor.
No trails are proposed for the subject site.
~ The site plan shall provide for the maximum preservation of natural drainage areas,
vegetation and other desirable features.
Currently the entire site is undeveloped and will require excavation to
accommodate the proposed development. There are no natural features on this
site that must preserved. A drainage report is required but has not been submitted.
RECOMMENDATION;
The Department of Community Development recommends that the South Denver Medical Plaza
Planned Development be conditionally approved but not forwarded to City Council until the
following issues are resolve to the City's satisfaction:
All adjacent concrete must be brought up to City standards .
All unused curb cuts must be closed.
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Five handicapped spaces are required.
Two parking spaces in the west lot and four parking spaces in the eut lot nut be
eliminued due to conflic:tmg turning movements and a total of 124 parking spaces nut be
provided
All full sized parking spaces sball be 9' by 19' and shall not overhang onto public rigbt-of-
way . .
Approyed parking. lwdic.tpped pukina and tnffic direc:bonal .... all be imlalled in
all puking lots. .
Truh facilities nut be located IO u not to be obltructed by parDII spaces.
The ~ plans 1D.11C show the top of the City Ditch "pipe" in relation to all earth work
and in relalion to final grade.
Any existing water service laterals not to be used u part of this development shall be cut
at the main prior to construction.
Any existing sewer service laterals not to be used u part of this development shall be cut
at the property line prior to c:onstruction.
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RESOLUTION NO.~
\ SERIES OF 1995
" A BESOLtrl'ION APPROVING THE 3299 SOUTH LINCOLN STRBET PAKTNBBSIIIP
(~, PLANNED DEVELOPMENT FOR THE SOUTH DENVER MEDICAL PLAZA WHICH
"'J WILL BB LOCATED AT 3299 SOUTH LINCOLN STBBJ:T IN THE ClTY OP
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ENGLEWOOD, COLORADO.
WHEREAS, the 3299 South Lincoln Street Partnership bu submitted a plannecl
development to allow the development of a 43,355 square foot, two story medical office
buildin~ and
WHEREAS, the 3299 South Lincoln Street Partnership planned development is for
property located in the area bounded by East Girard Avenue on the north, South Lincoln
Street on the east, East Floyd Avenue on the swth, and South Broadway on the wwt, which
contains approximately 1.443 acres and is currently undeveloped; and
WHEREAS, the 3299 South Lincoln Street Partnership Planned Development ii in a B-1,
and 8-2, Business District and is in compliance with the Planned Development
resulations and is consistent with the intent and purpose of the Comprehensive Plan; and
WHEREAS, the 3299 South Lincoln Street Partnership Planned Development wu
considered by the Encfewood Planninc and Zonin1 Commission and a Public Hearinc
was held on April 18, 199S; and
WHEREAS, the Planrun, and Zoniq Commiuion approved the applic:atiMI by the 3299
South Lincoln Street Partnership Planned Development for the South Denver Medical
Plaza with certain conditions; and
WHEREAS, a Reciprocal Parkinr Easement A(reement for lhared parltinr between the
Archdiocese of Denver and the Carahon, LLC bu been Biped; and
WHEREAS, a License A(reement with the City of Enelewood Utilities Department bu
been 1icned u a section of a parkinr lot ii located over the City Ditch and the City Ditch
ri1ht-of-way;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL or THE CITY OP
ENGLEWOOD , COLORADO, AS FOLLOWS :
$ec;tion 1. The City of En1lewood City Council hereby approvH the recommendations of
the En,tewood Plannin1 and Zoninc Commiuion u to the Planned Development of the
3299 South Lincoln Street Partnership.
ADOPTED AND APPROVED this 3rd day of July, 19915.
ATTEST :
Loucri1hia A. Ellis, City Clerk
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I, Loucrishia A. Ellis, City Clerk for the City « Eqlewood, Colorado, hereby certify the
above ia a true copy of Relolution No. __. Seria tJL 1995.
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CAaAHON al AJtCHDloc:asE __, .... • ~ .
t. UCHDIOCESE Klma 1..,,, llld _... ID ......... laillowias ..... _lDCAaAIDI
wt rbe .ucm)(OC5SB Ila-, ....... 1111111111 coae,I ID CAUffON I 9 Dllll C ....... (.-Jla ID
IIIP!iwioa • llcRiaftcr pcvwidlll ia P-,apll 2),.... _a..• AICRDIOC l'/:$6 Plaplny-.r:
A. c.u.AIIO~ sba&I llal,c .. rip& ID -If ID I AJ-iw (25) af .. ""7 (.a) a¥111ablc paliica
..-.cs • LN ·c· fnr addiliaal ,a,tiilll dadal __. ..... ....._ N-a ...... '--a ..
ddaal as Moaday IIUuqll FrilllJ 111111 7:00 UL ., 6:GD p.a. ndwliac...., ~
I . CAR>.HON .U lie ... 1 ;111e l,r Ill mas wi* •. I i ot .. mJ ......
111d lllrrim b-~ Lor ·c· io ,...s, idalify • ...._ ,._. • apaalel '3ni&
C . IA die e,,cai dlll rM A&OID!CX&UIIII .... _.fix ...... dlailf allllall ...._
lloun b fml:rlll lld o111cr apccill 1 • •• • AICPDFOCIP .... • auf, CAMHON • ,_
rllr• a,s ia iMIYm..,..,..... m • CAaAHON •....,.,... sr far .......... if
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06/01/95 0'3:44 LEE ARCHITECTS ~ 7622300
o:,-.a-~~ l<ll '~PM FRCM -·:L.IATEO ~ ESTi:IT'E GR
l!CJPllOCAL PAJHDNG EASEMENT AGll'FNl'NT
CAJVJiONITHB AJI.CHDIOCSSE Of DENVEJl
May 18. 199S
hp-:?·
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-MJ.Z74 003
TO !l&'k5U P'. a;s
2.. CAJlAHON ~ ad ~ ID ..... die fDDowi1II pnilll -ID Illa
AICHDIOCESE ad C-UAHON bClm, 1llrlli& 11111 -cmww,a 1D die UCHDIOCESE a IOIMcfe._
,.,....i <•.iea ro renninerion • .....,.. ,..,.,.._ ia ,..... 2) Plllial -Gftr CAil.AMON
l'rapeny dlalfDr.
A. 'TIie AJlCHDIOCS5£ lllall _.. da ftllll ID .. die availltlle(llrllill 1111'9 iaLo& ·1· m llffltinel
parlwal llllr 6:00 p.a. --,.. MIi aa ...._. ad aacnl llioldlJs.
3. l1lf, C11a1m 10 dis aiala ot• I iJ :d ..... a-..-.-, all laa b • .... u
cll& parllillr-41 m ailllilldaJIIIIIS ..._ lkAICJIDIOCBSE all._ ..... ., CWlll tlil
Pll:llilta Em Apm wida .. (9) .... pdor ............... CAIAIIOfll ..... _
io idwify adlliciollal ,...1a.., or ...... & ~ IDa • 41 i 5 ,o a I I IIIIICia-la ---dlll
dll "1lCHDIOC5D aaaw llill l'ialll ._--. lllil I ·; , .._. ._ ..... ---• 1k cal
otllid~piriad.
4 . l1ais Aj, CDC sball be pCftlld in 117':s:rdan eida .. Jawl.ol flll S.. of Colondo.
5. 11lil A..-11111 la ......... illolDdle-.&f ofdlepmia---tlllir~
INiD. ~ lllipl wl I I Pl ill ddc.
6 . u my ram. ~ ur walidGD of~ AcW • • apptic:,sim --,t 1u -, ,._ or
ci, ___ _,,_.,-,-. ... i-aido, C &I .. ollllilftc; ........ '
vf-.:11 rcnN. .:.o ad aallltiaalD,... • .a r .._._._.ID wllk:li ii ii 11111d ...a.a
or IIIICllfun;ablc 911111 .. lie aSlclld 111a1bJ ad am-.~ ad CIINilioa ol *la A..-_.•
Vud 111d mftw ale tu die rua. ... ,..._" law.
1 . ne ,_..., .. ,,..... ..... _.,.. ....... -••-•oo i--.,..
Ille lad. .......... CJ.~~ ... die AICHDIOCIS&
a. Ally aacic: 1Wflli,ad., 111 _. llrmmk...,. .. ._.. nceiwod ..-,.._ deli-, ar ._
(3) days fDUowm, ....... ill• u...a !Ila aila ol _.._a., cadlldalil. .................
ID .. followia& ailr!kllt ._r
"CARAHON"
Aaaaoll: Kc¥ia Oalla:lllr. a..., ,._
6.S.51 s. ~ Parkway. Suilll 210
Ellalc-ood. co 80111-6411
"'IBE A&CHJ)IOCES& OP DINVIR"
Allllliall: ,_ ... M-,.
200 Jaapllim Suwc
o--.co 80206
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09:44 ~ MQ-IITECTS .. 7622:300 _ . . ·-· -• ._, .. ,..., _...._ ~,i.re ""
REOl'ltCXAL P41UaNG EAIDGNT A«aDNDIT
CAllAHONtnrE AIICRDIOCUli OF DaNVBa
May II. 1995
Pap .3.
TO
l'(J. 274 004
999C5U P . lk
9. CA&AHON 11111 die AltCHDIOCISE .... a calir Olla ..... a•.--. _.. Dir
NlpClivc partiills ic. ia a,.__. ... Fri• __. -_. w ....-. CAIi~ • •
A&CZIOCiDafllllllu11,i1 ·a: ilsall ......_.. . ....... ~ .. FQ .........
loc(s) isWasaow .-..1. CAUIICW ad CM Alf'.'.'RIOClli _. .. _ ..... .....__.
panio9..ajalzm11adllir1 a 'wclolCl>.acll•MI. lllrl,dlhc-,. ..... ..,. Illar, ...... .....
m lie men · r "'*~or• llll(a).
10 • ._ ..... ...., .... •~•aid..._ ......... llf • 11 llllili&J. 4-F al' COil ,...._. _ th...,. • ..., ..... .., ....... " ..... ...,., .... "". la
_,-, ...... tolllc.aolldlS---........... N11 10 «1•1 Q 'I._......,
....... i ,,, ti .. .., .............. -c...c~ .. --...,. .... _ ... _ ..
i ·om1ar......_«_ol....., a-•m .. cia.
1M WffltDS MIIUOF. • ..... _..,..._..•>Al•--• •of•..,•,-&a
IIIO¥cWIDIIII.
Si,-d ......... d6ald
ill .. pr-. Ill:
CA•Qotf
A C:....IJailal~J
a,: (i:,.,;:;~ Tidl: ______ _
T1IJi AXRDfOCISR OP DPYIII ac:aa...c, · ..
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nofflcial W... ~·t; ;;'t:#::; a, enc a ,
Ck.~. u)w,,
N~"*i6:
My Co11M111 ·•ion-,i1S .3·-1,· ,,
(NOT AltY SBAI.)
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EXHIBIT'A'
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LICENSE AGREEMENT
THIS LICENSE AGREEMENT, made and entered into u of the day of
_____ _, 19_, by and between the CITY OF ENGLEWOOD, a municipal
corporation of the State of Colorado, herein referred to u "City", and 3299 SOUTH
LINCOLN STREET PARTNERSHIP hereinafter referred to u •Licensee•.
WITNESS ETH
The City without any warranty ofita title or interest wh~r. hereby authorizes
Licensee to maintain a section of a parkinr lot over the City Ditch and the City Ditch richt-
of-way on a parcel of land owned by the Licensee. The parcel of land situated in Section :U
ofTownship 4 South, Rance 68, West oft.he 6th P.M.,
County of Arapahoe, State of Colorado and lyinr within the followinr dncribed lines:
See Attached Lepl Description for Parcel "B• and Parcel -c•.
1. In ,ranting this License, the City reaervea the richt to make full uae of the Ditch and
Ditch richt-of-way involved u may be neceuary or convenient in the operation of the
Ditch and the City retains all ript to operate, maintain, inatall, repair, remove or
relocate any of its facilities located within the City's ript-of-way at any time and in
such a manner u it deems n-saary or convenient. In the event Licenaee's
installations should interfere with the City's uae or operation of its Ditch or right-of-
way, at any time hereafter, Licensee shall, upon request by the City and at Licensee's
sole expense, immediately relocate, rurranp or remove ita installation so u not to
interfere with any such City uae and to remove the installation of Licensee when
necessary and at a time convenient for the City, ita aucceaaon or uairna.
2. 'nle City shall have the rirbt to maintain, inatall, repair, remcm, or relocate any of
ita facilities or installations within the City's richta-of-way, at any time and in such
manner u the City deem• n-..ary or convenient. The City reaervea the ucluiw
right to control all easements and in1tallation1.
3. The ripts and privilerea rranted in this Licenae aball be subject to prior
agreements, licenses and/or rrants. recorded or unrecorded, and it shall be the
Licensee's sole responsibility to determine the existence of said documents or
conflicting uses or in1tallation1.
4. The Licensee shall have the ript to maintain the above described parcel includinc
but not limited to plantinc and trimminc rrau, and shrubbery, fertilization and
irription, removal of trash and brush, concrete and upbalt maintenance, sweepinc
and snow removal, provided such maintenance shall not interfere with the City's UN
oft.he Ditch and rirht-of-way. No additional ti.a are to be planted to avoid future root
penetration of the ditch pipe. Licensee will be preparinr and resurf'acinr the puldnc
lot, u well as in1tallin1 new curba, parkinr lot ialands and parkinr lot lirhtinc-
5. Accesa to the Ditch and rirbt-of-way by City penonnel must be maintained by
Licenaee for inspection and maintenance. Ir the City Ditch pipe ia upoud durins the
pavinc or concrete overlay, the City muat be nodfted for an inspec:tjon.
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6. No construction shall be allowed on this parcel without apreu written permission
from the City. A &· concrete slab and uphalt is to be conatnu:t.ed to span the aiatinc
City Ditch. The concrete slab will be acored for euy removal The caacret.e slab will
be flush with the top of the upbalt pavinc and will be colonel to mat.ch the aqacent
asphalt pavinc. Licensee uswnes 1'91POnsibility for removal and rep1-ment al a
&· deep slab of concrete and uphalt cmrrlay and 12" af saitable &II material (to be
constructed 3' on each side of uiatinc pipe), if neceuuy for ditch maintenance or
replacement.
7. Upon abandonment of any ricbt or privi1ep herein sranted. the ript af Licelllee to
that utent lhall t.rminat.e, but ita obtipaon to indemnify end .. ,,. harmleu the
City, its offlcen and emplc,yees, lhall not t.ermiDatll in any -t.
8. The ripta panted Licea-h.-nder may nc be •wiped or tremfernd without
the written -..it alt.be City. The City lhall trea6r the LicenN uinc its bat ell'ort
within 10 dQs af the nut acbeduled Coancil meednc-
9. . Licemee lhall comply with ell eppliceble left and ordinance end all na1-.
1'9pletiana and nqairemeats af any mYiralunmtel lteaderda and conditions of the
~ I( es e Nlll1t al the u--·s -·pen117 afthe sn-iw end its
operat;iona hereunder, any IIICh lew, ordinence, rule, repletion is Yioleted,
Licensee shall prot.ect, saw humleu, defend end indemnity City from and epimt
any pmalties, ftw, CO-. end apen-includins llcal C.. and court coats incurnd
by City, eauwl by, rauJtinc from, or connected with IUch Yioletion or Yioletiam.
Owner will not be held NSpamibI. for duupa ceuwl by the failun af matins City
Ditch pipe to Licen8N or Yiaiton.
In srantinc the eboft eatborisetioo, the City..__ the rip& to meke fall -al the
City Ditch and City Ditch ripHl'-way.
IN WITNESS WHEREOF, this instrament ha bee e111 ated u af tbe clay end,-, tint
above written.
APPROVED:
CITY OF ENGLEWOOD
Thoma J . Bums, Mayor
Loucrishie A. Ellis, City Clerk
-2-
3211 SOU'l'B LINCOLN 8TBBBT
PAJlTN&BSHIP
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LEGAL QESCRIPDQN PARCEL 'A'
"11N1C&."" .....o i.oc:A19 • we_..,., ma • • • t&110N M. ,.,..._ • ......_ ............... 'lie ..... C b24 ....... G4ff 01'
WOOD. f:tOMIT 01' _.., ,.,. M'Ata 01' Gell PIOQ. ... ... ~T-.... ~
1..ota a,..... ~&oGCt.-MIIDCftOll1DWrm
COLOMOO •... CIILa • NCIK Z. Clllla" AT 'lie Ol"'IC:aOI' 119 Clal
.... ~ __,._.., •• CO .'ff. COi GIMM.
LEGAL DESCRPTIQN PARCEL 'I'
LEGAL DESCRIPTION PARCEL 'C'
"IINIC&. OI' I.MO i.oc:A19 • 'lie.,.,.., Ola tal •• 01' W1IIIII M. ,.,..._•WM. ........ ..-TOI' 'lie lUllll"I ,..._ ....... Qf'f OIi'
WOOD. t:.O#'r OI' ~II-M'Ata Of' c.oi.oe,m ... ...
~T CMIC -... ,a,a,o,e,
I.Oft~ 1MIClal 2•. &ocK •. IIOle AODCTION 10 --...000. COi OfttlOIIII M .....
• ... z. ,..,... ""',.. ~ 01',.. ca.-...... . ... ·-CIOMl"f. COi OfttlGO
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July 3, 1995
NTIATEDBY
l)epar1ment of Public Wl:lrtcs
A..-....
12 a iii
COUNCIL CJOAL AND l'MVIOUS COUNCL ACTION
RECORZIIECE) ACTION
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Slaff seeks Council approval of an oidln•a la__. inm an aar-it wit! the S.. Board of the Great
Outaoors Colorado Trust Fund ID construc:t Ille Arllpellae ~ Traill Connection.
BACKGROUND, ANAL YS1S. AND ALTl!RNATIVD iJEN i#ED
The Pwb Sedlan cf Pubic Vlbtca ~ fDr a .... trall 0... OUldDars Collndo TRIit Fund grant to buld a
bic:ydaipideafllai, trail m•laCllng the~ a....-, 111d .. C.••lill Park loap ..._ The C.....
Park loop trail is lChadulad to be......, can.-br ..... cf 1111. ~ ....... ..-.. Cly 110.000.
which is 50% cf Ille NCI 11 IF'j funding IQ WWW, ... , .. prajlct. TIie ... m•iac:lal, .. be COlillndld Uling
concr... and is part cf .. ,.... plan fDr CeilllMial Park.
Should the contract not be approvad, COlllll'udian cf the trail would be poalpal.ed 1111111 funding is • 7 t:te
FINANCIAL _.ACT
Funds_.,. not bl~ in 1985 fDr lhia prajlct. Adeql-funding .-.1n .. COi-Viiion TRIit fund (CTF).
Staff l'9qUNla that $10,000 be app.oprillld tam Ille CTF la fflllCtl grant ... ,..._ tam .. Great CMdacn
Colorado Trust Fund.
UST OF ATTACHlll!NTS
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BY AUTHORITY
ORDINANCE NO . _ camlCD. BILL NO. ff
SERD!SOF""" =..~
A BILL FOR
--~ AUiiiOidZING AN IN'l'DOOVDIIIISNT.AL AGRDNPIT
BffWUN THE CITY OP ENGLEWOOD, COLOBADO AND THE STATE BOABD
01' TD GlmAT OV'l'l>OOBS COLOBADO mJ8T l'tJMD SNTlTUm "1111
GREAT OUTDOORS COLORADO GHANT AGBEJDIENT.•
WHEREAS, the Colorado Conlltimtian appropria&ls a portion of'tbe net pr'IICNda of'
the Colondo tott.ry to the Stat.e Board of the Great Oatdoon Colorado Tnut had aad
directa the Board to imrat th-proc:eeda ill the State', pub, wildlife, open 1J1M11 ad
ntereational resources; and
WHEREAS, the City of' Enclewood bu submitted a apptica&iaa to the Board for a
erant from the State Traill Procram which wu apprGftd April 13, 1996; ad
WHEREAS, Eaclewood propow to build a trail -.meat caanectinc the AnpabGe
Greenway trail. that nan, directly Eut of CenteDDial Park, with a loop trail around
the Centanial Lab which woald be aped for w only by bic,elim and
pedestrians;
NOW, THEUFORE, BE rr ORDAINED BY THE CITY' COUNCll. OP TRB CITY
OP ENGLEWOOD, COOORADO, AS FOLLOWS:
Ser:ticr 1,. Tbe • 1911 Gnat Oatadaa-a Colorado Gram Ap1 rt• with die S....
Board of'tbe Ora& OmdDors Colorado Tnm Plllld ia INnby ................. by
the .......... CityCoaacil. Tbe ..,..is ......... to GIICata -tM at;, Ciak to
au.t md -1 tile•• •mrt for and oa belaalf of'tbe City of' ......... Colonllo.
Section 2,. The ·19N Grat Oatdoln Colorado Gnat Acr-t" ii ettw W •
"Bdubit A•.
Introcb:ed, read ill ftill, aad pum oa Sm readinc cm tbe 3rd day of' .Jaly, 1111.
Plmlilbecl u a Bill for an OrdiDaDce an the 6th day of' .Jaly, 11N.
ATTEST :
Loucrilhia A. Bllil, City Clerk
I, Low:rilhia A. Bllia, City Clerk of' the Cit, of' Encle•ood. Calal'udo. laenby eatil;r
tJlat the above and fonpinc ia a au copy of' a Im Ill'• C>nllDaee, ~
read ill ftill, and pum an Sm namnc cm the 3rd clay of' .Jaly, 1lll.
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Name:
TdlfllI r
Conact llmM:
CCllllact tide: T..,.,_·m-.:
])a:
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PSODCT:
.v:apaboe Gcww4 Tnll Ct d a
(DGC Jmr diam Dl,le-lCllllllt•a: 31. 1M)
PAJlTIES TO AGPIIHl'NT:
1111 Stara Boiird ot • Glw O f h •• ColGndo' Trmt l'mld
QyofEap.wood
2NOS.1'1111111JU..-J>r.
lllpwood. co •110
(JGJ) '1G-Z541
QrisEafla
Pllu A,-I d a.-...,.,.
May4, 1"5
A. n. Board ii a poUdcal mbcllvf I I ofdll -olColalWID. Cl'alllll bJ
"'*-XXVII of lbll Colorado Courtn•doa.. .,_••No * •· 1'tz Genial EIKdoa.
nae~ «le cit:1n.11ff1GPC~•poraaoofcbl•pu I at•Cml11W1o~••
load IOd cliNm die lcmd ID Ul"8ft _,.poc:wdl ii dllS-'1 ,-Ill. ....... Clpaa ....
lad &'ICNlliDall NIGUl'CIII.
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B. In 1994, me Beard c:aa:d a mawida ,nm pzopam. panaam ra wbidl
elip,Je emmm cowa apply t'or ,rum tram tbe scam Tmia Prosnm. ID wbic:!l Gt:mmc
mpnmtcd wtm a =ailad applM:adml cme '"Project Applicmoll").
C. Gnm= P•bmiald a P:oject Applicmoa. ra Cbc Board wbic!l
=-mplalls me ex-=ioll of die project Dim.Id above {rm ·P:ojcr'). a mpy of wlach is
icc:,rponmd by refe:m IDd macblcl as Appemlix A. ·
E. e=-e mrr;,,• mar cm Pro;c: delc:::iW m 111a Projec: Applfcadoa
will ba subsram:ialiy ~Jmd m Iaat: dim Decambl: 31. 1"6.
f. Grmr= bu IUlderram rapoasibi1ky 6,r obaizriDi tm lDlldl CfbD:!s
am iD-ldad comribmiom) dac:n"bed iD tbe project appli:arinL
Ci. Tbl parties imam mis docmnem ID ba die dmiJld Cinm Aile.imam
ieqimed by .. Board. n. Grllllll: shall carry out rbl prajlc: ill ar=rdm:a widl elm
...--m a work piOllam ra be approved by 1be !a::uri,,. DinclDr ot die Baud
purm ro dlil aar-mam:
n. Pll'UIS ... u tbllows:
1. Qcam ,mt Pmic-Tm Baird_..., paml ID ai... dll m aar m
cr=ec1 s10.ooo mbjct m cbl mm otdlil Ajlm nae lllldl 111111 be am by Gaw
sollly ID campla ma prajc delcrillld ill Gtrm's Prajl&: AWUcadan • lff&Otecl by die
Board. Gama--, qzw ID U11 ia be efflxu ro o q lire dlil prajc:
2. Prpfc sismc nc Projc:. Anplllae CifNllWa, Tmill ccimrrtoa. •
dalczilNd ill dll Pro.ie= Applncion.. will aoc be maerillly am tit'ed bf • ar.... wt1111am
dll wrillm approval of dll !ucmiw Dinc:mr of dll lolrd.
3. Jntamieren JR be nrmridcr1 nmn e I rfnn of ddl t11Nn r NO
. Ft1NDS W1LL BE DISBtJISED BY TIIE BOAltD UNU!SS AND tJNTIL -TBE OltANTIE
l'tJJtNISHES THE BOAllD WITH . TH! INPORMATION UQtJDU!D IY THIS
a uan1 aa mni,esn ....... -2-
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I Ill I ;11 1 ;1:•!1 Bit f. . ~ -•
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l fill I~ fllfll 'l I • r I .. 1 I f · 'Ir l 1 • 1 ft .1 ~ 1 r 1
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la f 1111 f. ~it.
8 ,1 f'jlff f I I' I f . • rtrf s ·J ~~
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b. No aw::-.al mA.'ld:fic:tiocs or delays have hem :mde or cxpciaced (or
a Bow has bee advised of the mocit!Qcicas or de!ilys acd has e1ec:mc1 ID conr:izmc ID
pam::;w.e in me ~ ~f .me Proje::);
c. Maa:!:i::J tm:cms has bee: recaived (or rm srams of 6m ID -=w
mam .. :n, tlmdms has be= disclosed :o Bow mt! am it~ be=: falmd a:i be mi*"7):
az:d
d. The ~ c:ada m a Boarc1 iD die J:am applk:iaoa : a I oie
to be ir-..e (or. if t:=: !:ave bee: my macc:a1 c:!mps, ma Board Ju -= l4Yilad of S1ll2IL
c!2aqes m has assemec: ro t=:l).
e. Gamee sl:all. upon r!:e raqa.i of a Coloada NIIDrli Hci11p
P:o,rmi. provide ~ im"m:::arioll. i:c'ncHJII bm me limimcl IIO maps of die pcopuwd
project. A ~ of me P:ojec: Applll:mm bu bea i=wtdacl co die CoJondo ,raan1
H.emaae ?rosm .o help me Board :dem:f'f mr polllmial snatlim bcww. m projaca IDll"
semilive spec:a ~ babim. 'If pom::dal =~ an idemi&d Cle Board reqaem rm
Gamee to demom.rm bow a c:ail projcc: c:awd be modi&d ro avoid or minimize -,
adwne i=pam ro se:zsmve spe::a or lla1rims.
!. Oisba..-se::em mall be made oa ms bail ot cam iDc:med. upcm a
Ciamae' s udsflM::nry c:omplccioa of ma P:oject md in coa:pliansa wim all afOt N st r,Olf1
cnndJdom m Sec:riam (3) and c,).
a. Grrm or ill PICCftlSor will operm lllt rnabnin rm Projc fedUriw m
a ra,oaable sme of zwpair !or d:I purpow are ftled ill dla Proje Appli=llioll tbr • ._. 2'
,-a. m mdaar:e wa ,...u, &i!epaw1 IIIDdlldl ill 1111 pdllnc:adoalwtklWlt ea n "IMity. n. parda IIDdamaDd ml qree dm dll Baud sbalI w be Ulbll tbr.; ODIC of
lllda meizzenezn, mpma or opemioD
b. Ciram:ee will. apoa reqwc. p,ovilk cm Balzd wtdl die opad •. 111111
mimemrre com of me Projc::. 11d pva CZ. loud app.opdaa id:, z rioa : "" , •ms dla
asa of t:ie Projc; by ms public and rm impKC of lbl Projc:.
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10. Irnbcmmn mmzlis ,rs: mad• ,xaaabJ; ;n a bc1 Gtamae" mn
maimain records o( P:ojec: rec:ipll ml ezpe:2d1mra c:omisi:em widl pm:aDy ac::a.pa.d
IC: ,r•rci=1 pnc::im. 'n. Board sllall !lave dla ripr. apm reuomble DDdl:a ID Illa Gaame.
ID aadu d:a boats am m:ords of GCUIIN wm= pemiD ID d:.e Projc ml ID die 111e 1Di
dilDolm.oc of Board 6mda.
11. E~mdfnr n. Baud may widMlraw ill~ ot ~ ID die 0amee aadCIUO~ die Pmjec:t if, ill ill 11M diec:ndan il'N
cmdidoas Ima occumd wbidl ftmdamentaDy c:baDp die apecmtor,a of 1111 ~ ar wbicll
1111D die JrlDl infealibl.e or i,npnc:ric:al If die balm MIit iiiiMI widNlzawal of 1bDdias ii
· DIG ) , it sbaJ1 DOCify die 0ana 30 days befom wialldmwal of sudl faDdms OC1:U11.
12. Gmm;g't jMln1Jgy " SDDPICI em;,,;; 1l -Gaw nm1bM. wfdl . reuaaabr. pmbabilny mac cbe Pn,jc: will mx or cam be c:amplncl II mfacmd iD dll
P:ajc ~c tbe Games will prompdy SO cYile rm Boazd. IDd coop ,IN ia &'Oo4 &idl
widl impc: ID a1m::aaw solw:iom m rm prob• befom uy 111mm amm .. IOIDl:ld.
1,. ,-.,,,..,, 1en1i1iJn1.. n. pmill .-• fallawl:
•
b. . nm. ii III oblipnon of.-llilll aa dll pm olbada,.,... ht •,e•
dll obflpriaa ID mab dmlly : rd rtaa of id 1 a wl*ll m&7 NU a D&J IIIS .......
ID be fll illmac 1D r:be odllr psr:,. . .
C. CoJondo Jaw applfa ID ma I ep; .,, al idi---4/NB ollldl .
cl. Orume ii III md•pea.,_ camrm ac=, ill ill .,._ =• :fir 111d
IIIX a Ill oC!bt:. e=plo,-or aplll of cbl Board.
.. aaa.. wlll !ndenPrify aad ....... Baull Jwnn,-ea. ......
..., Jilbilky IDIDII fftllll tbe Prajfcc ID die -...... by Colando Law.
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. !. . ·Ezapt II ..... scurilled Jllnia. ddl ~ !Mil HM D
em:a aaz-;:mm ot me pama. No aa1 • "" c « • • = w ia:a&poamd m ems
Aarcemi=t sbal1 be biDdtDI .... pardll. No ~ ill dlil Ail--"' lbal1 be valid
mdllll made a Ill .. , 1 :rent ID dlil COlll'C, 4+0Ml bf dll lalrd. 111d lilllld bf dla
para. iD. mil AjiW&III&
STATE BOAllI> OF nm GUAT oU11)0C)llS COLO~ musr ,m,11)
By _________ _
Emcmin Dincmr
C3,\NT2E:.
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AP!'I.ICA:'ION !'OB srA:rE T3AJT S PB.OGJI.AM Ft.~1JJNG
Colorsdo Slate Parka
Na::. a{~ c:~~ i'w.l~& ~ T,~ C4Mc.c.:i.all
C.::ac: Pc,c a:= ':!t!e ~ /Co.d:a.. i'wu ~1t
Nace Is Ad,!.,u ofS;a:.aor~• ~ P:iaject_~_· __ · _ro...,:.c.bcl .......... ______ _
;100 s. 'ta&i? !:?V'z~ 01{vs, !Jcglf!ZOS, eq 10110 -----------------Tupl:.cme C 101 ) _1_6%._-.-,;~s ... ~ .. 1 ___ _
!'AX (!Ol ) 1H· 161! Spo:.sor TU"",a:,w ID Nu:!:ar (T!N) _4_1-... 0_!,_-_1._o ___ _
A.::o=: ~ (~ o/!!1='1 ~ =-nit $100):
s 10.on.oo sc,r,ct~ec:=-t
S lCC~ cf project mat i! spomaril a :=~t azp::i:a:~n cd t!:a ~ec:
ii tl:a:-..I• !or !c:c::1 t:=: t!:a C4lorado Ol!V a.c:...::on Fi:=.
S•--1:y af m.aj= b,:qet itac:s (pleue UN cml7 tbe apace provu!ec 'below):
t1;.;gg,gg
r .ua.oo
,o,.oo
T;:UH -fO z,ug.oo
IJi.00
$%0 010.00
I#at!on d m:a!dw::~ atcbe prajec:t (pJwe w aal:r *-apace~ below):
T'k& e,pw.ud ~ •c.ee£ L6 l4~ !4f:t o( C:"'""";,r Pc,u, 'IJO .S. O•e«Os-i. J.A
01 rUlM d ¥mm nC 8MY,,, n, tnif •HUM HP lut; '9M sa:nncctiM
q /;a, tz:i' c: "« l:rri rr , .... ,,nd r,,r,,,iar rate mrd rte kcrmt:e, ,;,,;,,,,..,
'rrm1 Comdar • Ia:d ta camralW br. .
3l l• Simple . C r..ae · Ill OCbar Ceipietn>: -
T....U ..:.U. c:M4' CiJ:1/ "' ""(•n ._ -..uo I'" ~I 4wl. S.K.ck Ssslu:'I.Nll
Nd aQI, ..... ;,;z
~ ot~ oreu-rte &rtrda wa1Aor.
. Ill tndned C 'Will..,,_ itnqwc.i C No& ,-t Pd.lJM <ar'rtn'h
.... ., ... _
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Tu tn::il pr.,je:t tluer:bed. in :/au trml ~ qpllct#ton ia u.l &,,. or GJIPrOpri.a:ta
for, trail aN1'S Ul/co C:-. (~•let OM):
el NON-MOTOR:r:n:D
O:ib. :-..:. mc:n:!a, l:orH, sic, et:.)
Q MOTOR!Z'i'P~ llae--.aticn Fac:ili:,, P:-oject or Sat~ Edncet:lozz. ad tTaer
I:c:tc.r=at:011 P:-oject
(::"l:il ==~~. a!l•ta."':'li: ~. t=..-whftl d:::ft "1:ide. mow::cbile. etc.)
Q COM=~ MOTOBrn:D A;.~ NON-MOTOB' 2 r!= •
CW =2il =r:-.ticr ar :ail·heac! is i:a~ l:y :a= ::ot=".:ac! a:c! :c:-c::a=-.:ad aacs)
L PrcTide rr.bcca al R;par: !er t:1 ~ec: t:m: trail 1'.Nr ,Ol6Jla (lec:r.s, petU::.m:s,
:awl L-:cia, an:: c!esc:ip:o:a, ttc.). (la Pai1&tv
2. Scow how ,;~ t:'ail =r.-1.dcr t:uil: SUi!!=mtl tac: tns• at me (),...'TV, =,c!I, C'Cla-
==t:7 Ile. ~.a:. fat.:o-wl:Nl d::fl '"1:ida, bib. cowmobile. trail moca~).
Whare cz:!y oz:a or & few t:NS L-a ~ IC.OW why mes :Nd to I::e li:itlc!.
(Ia~
3. P:o9ide rr.c!m:ca ot ,c.:.,port = tl:il F-'i-= ~ cmm:=tr !Mdan. W'ria orpmza-
t£om. nc::Nt!caz:d ~ pc,:pl, ...,, batfnNNI, -=d ot:.r:1&-IIIIC:•
mm: r-o,:.ia a..c:.n. ~. un r'..clel, ...m ••=dpdcm• -.).
(10~
4. Dete:"M YOl=.tec' 6ril ilr d::a project. (10 Poi=)
I. J': .Uttion ta~ to =-c m7 req=-! mm=!I. Bat ot!:c-•=w .t&lldl. m-Jdnd ,c-
"ricee. =ata:-.ala. a= Iud acqmlitbm. (lO PouaJ
I. Jl:awidl ..td&ca al~ -==s a&:t.ldjn:riedf...,am m adm pu ;pgt apll•
c:e1 m ;t•r::i?2r a=~ ottba trail pnJact. ao 1'ol1*)
1. Dw:::J:, the tec+•caI, ecm:ic, c4/or ,miq,za &a=-ofe!u t:rd ...... -,g t!aa wGl pn-
w!e a qc.a.!i~ e:.me:ce far t:m1 uers. (ll l'oil&Q)
8. S:o,r how tml t:'ail Mpat lizlb or~ &'let ac:Mt Co otbar tni1 Qli XI (Jaca1.
n,fnr•J or mta), pa:b. ~ litu. 01m11Bunit!n, or ope pa!sJic 1adL (I l'obmJ
9. Show how tba project eds m tu pratacdoa, nheJw1ftation, orb:ap.o• rt aftlla arri-
r=mmt i: tl:il ~ otcu lnil.. ca Poma> . • ·
10. Des=, !:ow you will pul,lidzt UM! pnmat.t cbil prajem: or pna:am. (10 Polmll . I . •
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Al'PBOV..U. 3T 6-IL""'I> ~~GD
(C'S7S ~-= ~Jlu,!A.-.a~ Coam:r ~ eta.):
A,~ aecal ~. far :z:&l'ICCt o!t:a 1a:::i ac. w1=!:. ~ p:':jec wm be -===~ .
~If•hd,, I q:ae t= t!:e ~ · .
1. Tb s=jec: m-~=~::,-,..~ :.ma!: ac:aui=!a :b:' ;m'-I'c w &rut '1aa t.!:a:::. 2! 1V-,.
t/J/ff
C;.~:l'In~ON
Aa t!:a ~ e•rr..ac. = :w,...w= t:a P:o,fec= !~Ia=~ Ullr..m
!:a= t:e ~ St&2 ~ P:ap-I ape t; t=a Uawt::,:
l. 'll:a!=::jc S;a:aar b.t t:e ~ ct =z= to ._rce !ti ~ atm ~ec
aat:1, t:r'"c!:r Jar-ar:=, eeeea r• a:! c f• rer ,..,,
2. Ac:&1~ec:~1r:ll1leamtatwtt!da .. ,-=atd:aa6 u, • .._
att!:aScata Aprrct. ci=:,aata4-== tn J-=s~~ ..6c:1wata.
· I. ffd:!, J...,..: ia app::atad, C:. •d2J G;E Pp 8 II "a.,_ ...-11!11
~=!7~itc:alinKbt!:a~-~fccJ)w.1 ·3.-.. M::T t ......
1:e a;.p.:o•-::= J-p;jec: ,-,+:rt ~,:c_ ,.. ••w•Ollll1'M C(J{ff
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C"'J~cc::':CII
T::.• ~-..u will. • approx!:lacal.y JIO linear fH1: of var:a =ne ,.
t::iclc, 10' Vic!e ccnc=eu vi= 5' aoft .ac.J.den. '1':ail. end.a voulcl •
J:e Ua:-a4 Md 1:1.1.~ net!! ¥01&l.c! ac:co daU a 20 JGIII dMip speed.
All oeer 1::'&il cleaitn WIN!cl .men = all. AAsr.:o uail
const=-~..ion 9U!c!el!Aea. The •i1:e plazmacl to: =e 1:ail 1a
~enenlly flat. n.r. 18 only OM p-acle cbaDqe to OVV'C:Olla.
To ove.~ Ce trade ~ when tu new =ail •epaan~ WIINl.d ~
t!le Cenunnial J:.aJce t,:ajJ. a 10' long 10' vicla pad WUl.4 be -11~ 1:0
acc:OIIIIOda1:a a J' riaa 1A e1..-.uon. 'Dem Ol&1: INNl4 be 20'•1'
ac::oaaada1:inq A.D.A. '=18 pad IIIDlllcl ~ 101 c:dtic ya2'Cla Of
•~-w:=al till. The pad •14ea wul.4 be alopecl at a 4'•1.' tor .....
ot~.
~
fte c:onc:n1:a =ail Wlll.d !le Jal.OIIII di vi~ a JMc:kpac:k Jal.Oller we
• .,.. 1A Ce 111911 _. _.. C~ --.>. Mt=ar allll a.don
~ lu.lJJI .. pen.ad ..... ,1nir ...u ... -........... NN,8. ..
1::'a!.l aboaldan INNl.4 IN n ,a ••• ... mur 1:0--, ..._ wa••
of a4jac:at ...._ clOIIIII allll aa!.naizl a Nft .,,.. RZ'!aca for ~-
JWQGDD'1'
n. tra11 III01&ld IN m..-.S t= -. oa1r
peclea1::'iau. ftzb ._i~ -.14 ad_._
aotorizecl •ellJ.cl•.
~lovinq IIIOUlcl IN c:aaplead u per Ci.~ ot -lwoocl polic:y, vitlwl
· 2, ho.._-. attar 1:219 CNNUOII ot 8111111fa11. .
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Th• c:::. ':/ ot ~lMIIOOC! propoa .. to mil.4 • =ail •~at ~an:::f :f ca .L-apahoe Greem.y ~l. ~t a:,ms cli=ec:Uy z..t ot ,
l'uk, v:.~ a l.aop trui a:"OIZ::d ea Cea1:elmi&l t.aJce.
'=• ::-a!l v!l! be ~ ot ,• ~ -=-color c::occ::e1:e 10 •
v!a ace! llO • · lcmtJ. The atiaatec! price tor t:u.a c:onc:nce 1:1 plat:•
ia s,. ao per ~ toot ~iDJ Its, 200. ao. n. 1::'ail vi:.l. b&ve
shou!c!en s' v!.cle &llovinq razmen aDd c::aaa ~ sJcim:w 1:0
ut!l!:• 11:.
IIIMr• ~ 1::'a.11 coanec:1:a to t:z.e oc.n, H' ndii will be used to
allow :or • coaa1:aa1: apeed o~ 20 .,. t• ~. A ;ac& will be
111&.Ut 1:0 ~ • 2' 9Z'ada dlanp ma c. U&palloe Greenway to
ca Ceatennial. hrJt 1:ni1. · '?h!9 pad "111 nqw..-. 1oe c:ultic yuu
ot ~ till •~ a ~ ot su.oo per yvd. Di• pad vill IN to' vicla &n4 •o • 1Gll9'. 'ftle vicle w'-l.1 &l.low tor •• =ail, two 5'
via 8!:oalclara aDd a , ta 1 slope on lla1:!l •14-back 4oVll 1:0
na=ni trade· na l~ will allow tor • 20 ta 1 nn ~ ~ ·
A.D.A.~. . .
.,_ eipa viU. IN ..-.s, w tad.DI _. ~on. CJivin«J c:edit
to &11 oeac:~1 .... 11:t.•· .
=-re will lie• ariAlpa or oea.r aawllm• 1111 ....
Toala Ull ~ tor Ce wi.--v.. pl~ will. N
pra,riad lly Ce D;l.ell004 ~ ~-
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11) ~:.de.ca of •~o~ trcJ:1 t..-ail USC'S ~up fer ~is p~jec:":
is prov:.~e4 t::..-o~ ~• !:llow!.nq let-wars:
:. ) "r.:• Cenver SpoJce •:.c-.1c:lu
:) ~. E::q!euacd a!~l• c:.:.
l l T:ou-: t:nl.i:11:ad Color.= Cci:nc:il
~ > Rcc:.'<y Mcun~ 2clad ll~~C"S
5 ) r.:e Kalley Senior ear.-:.::
,} T"..e Ctoi:er o: Pla=• ~ vu Jlollenpcr-..s
#% > 'r.:• l!.::lc betveec ~ A.-a~• ~Y 'f:"a.il. and ee
C:antar.::.:.&l Parle ~l vculcl t=r.a a scenic: lc:cp allowi~q :er ~· o: parlc tac:.li t! .. , t.!.sliinq a:4 pa::Jcaq. This t:'ail ·
c::r:-ic!c:: v!ll ~• use !)y J:ic:-.{Clista, pedeat:'ians a::d ~•
li!sa!:l~. It's cle•!;n will 1.-U:C:.»C:"&1:a t:ail vidtha
•~!!c:iei:t :er &:l 11aers u ~ cm ee t:'ail at t:!1e sa:e ti:•
a::d Vill adhere 1:0 ~• AM:ic:ana vi~ D.1a&bil.1 :!•• Ac-:
c;-.:!delin ...
'r.:• U'&!J. v!ll adhen to all AASz:o IJU.ic!eli:iea inclw.Unq a 10'
viclt:i, cl-i.p •peed of zo DB, a'nimm ot 2' alloulders ( 9'
where po-1.bl• ) , t'-10' ltM4 c:leannce encl ~ ability to
suppo~ a l.Z,000 LIS ~-~de.
'!'::.• uae ot Cis 1:a!l. would Uff ~ ~ liaitad to 2'ic:yclisu,
~iana u4 ~ cli.a&J,lecl a. 1:0 City of SZIVl.evcod pol.id. ..
~ to 911011Plowi..-.,, prollilliuon of aocorizecl ..auc:1 ..
a."U! Ito.-... in pa..-a. me ~ ot Ci• am all conneotiAq
t--aila c:oulcl IN utilize i,y c::oaa c:ounc:y aJciers. \..
Evidenc:a of 91aPPOrt for ~ projec:1: froa =-unity leac!en 1a / ~\",,, ,~,
#4)
prcvi~ t:i.-aq!l ~ foll.oving l•tun: J ' (
1 ) '1'l1e Kayo:-o: ~ Ci e'y ot znvlelllOOCI . J,._ ,:J ~
2) T:1• K&yor ot Ce ci ,:.J' ot Sheridan l{I' -~ '4 \
l ) 'l'h• Chai.r.lan ot c:e E:iqlewoocl Parka and Jlec:'eatien ~ ~-\. l
C:Olm!s•ioa. , \"~~
4) TM ~lewaocl Dowlltovn Devalopaent ~:dty / "
s) 'l'h• Greater sn,levooct Oeeb1r ot CC••rc•
T:ie E:sq!.evcad •uu r,ep&Z'Qeftt will oryaniae ,roluateer tree'
p.:.ant:.:ic; etfort:a vit!l local cu SCcNt pacJca ud AnOr Day
volwu:.aers. A 1:0ul ot 10 1. s-c::aliper clac:icllMNa u... and 10
s• ~~erou er... are plaaaed to M plan1:ed.
r ·\.1.. ~-,_
IS) :n add.!.Cion ~ a 101 -~ 1n ut:eriala ud 1allor Clle city of
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E.~qlewcc~ p:=pcses t: pr:vid• apprcx!.ll&~ly $2,t!o.oo 1:1 a..
1::'HS.
,~) %7!.der.ce a: cac;:e:-a-:!c:ir. !'::-:m ~!'ac:-.ad. jur!.ad!C:-.iccs tc: ~
p::jec:-: is pr=vided e.!:..-Q~q~ ~• tollov:..,q le-c-..ars.
1) ~ X&:{C::' ot 'rh• C!'=Y o't She:ida:l
2) 'r.:e Mayor ot 'rh• C!:y ot E:tqlewocd
3 ) s.:av--!: Sl.!:u::?,an Paru la llec::-eaUon Cist.. !.~
,~) ~• 1::'ai! l!.!2lc !:Mit-Jeer. 1:.!ie cai::em:.!.al t.aJca 'f:"&11 am! ~
A:ap&::ce G:'eenway 1':'ail vil.l prcvic!e uaen ot 1::le par!c a.~ ~
A.. ... pcce Greenway access ::: all ~ pu.lca utefti.Uu i."lc:.IZd..:.:icJ =-••: •~pa, rut..-ocaa, pic:u.c a.-..., 1:WO t!~ piers,
pa:k!::q, d:!.M!.,q toun-:&i:w anc! aJ:.el.~. ~ cold, c!-p
waters c: =• lalc• p:"Cv!.l!e u ex:ellen1: :!~ =a1: is
s:Xlcad by 1:!:e .~lonc!o Civision ot Vilcllita. 'C!s stac:lci:lq
a:.so a:---ac:-..a a la:,;• c!:.verai"=Y o: fishi."'J bi:'da 1:tc::.~ c:r-t a:.ue Ker=ns, lllac:k capped •1~-: •erons aDd. toona. 'fhe
-c..-ail li."llc would pr=v!d.e easy ac::aaa t=-v!lc!!U• v!evi.,q am!
:-:.ab.,,:,q. Wi1:.!1 pl~ed clevelcpwnt o't anc~ ial&Ac! tor
n~!::q v•t~ovl, e.ia Pll=lc will bec:c-u oasis :c:-~
vi!cll!!'e v.ll war-~ 1:!:e c:yclist · or ~iua' 1:ia ~ ~-.vel
1:!:e loop ~-C• A..-apahce Greer.WY. ·
18) Pl .... :-e:te= b •P, pqe I 4
ff) 'ne ina-..all.auon ct e.!a t:ail sepan1: will atop e. use of
1:not:ic:!ai 1:Z'aJ.ls ~1: a.n c=t by c:ycliata am ,-..~-1aa.
~-• iz::o::icial =ail• c:aua• eroaioc aDd. adety c:oacer.w cat
wo~c! I:• eliai:la1:ecl by utiAL1'4 a oonai81:en1: roe&1:e. A •ec:1:i.on
o: r:.pa:ian buie&1: ~•u where ~ laJca d:'uu· iff1:0 .a.
~u~ Plar.e ti...-. ':!Us b&biu1: IIIINld N aJc!ftad u viclaly
u pou!l:,le ~ Ce ua!.l a-,..c1: and IIIINlcl Ila•• t::'eM planted
as • na1=..-al banier be1:Ne.~ 1:.be b&biUt and. Che t:ail.
aegaen1:.
110)" The c:oi:.-:ec-:!.on ot t:i• C:en1:elmial t.aJce ::-.!1 vit!l ~ Arapa!lae C::-•envar 'r:'&!.l vill be 1::le lut aepant ~-~ ~
o: ~ ocp is planned, funded and partially ~ and will
~• c:oap:eted in 1111.
When c:cr.a~..ic1:ion is complete, the Ci~ of DcJl...aocl plau ta
:iave • :-U=on ~t:inq c:e:i:eaony at which Ce om Seo~ and al.l
o1:.!1e:-vc:l~teers and. c:cne:-il:Ntars will be recacpu.zed tor tl:Wir
ettor1:a.
'r.:.i• cezo-cny: v!ll be advertizec! 1n tile 11191...aod Cit:iaen. n. .
Enq!ewood Herald and 1:hro"Cfh flier• CU.st=~ at ci~
events.
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MEMORANDUM
To: Doug Clark, City Manager
From: Jim Blumenthal, Community Services
Date: June 29, 1995
Subject: 4801 South Grant Street, Englewood
STAFF REPORT
On June 27, 1995, Englewood Housing Authority purchased the above
referenced property. This property will be used in the Housing
Authority's "Project Build" program and plans are to erect a new
structure yet this year. The old structure has been demolished
and the property will be vacant until a new building permit has
been acquired.
Joyce Parsons and Jerry Nestler were responsible for getting this
project completed and further demonstrate how well
interdepartmental personnel can work together.
NOTED
JUN 29111
D.A.CtNI(
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COUNCIL COIIIIUNICA'l10N
DIiiie July 3, 1996 .... ..........
15 a Traffic Ript-or-Way Purchase
or Condemnation
INITIATED BY City Att.omey
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Dan Brotzman, City Att.omey
COUNCIL GOAL
Modernization and improvement of the traffic system around Swedish Medical Center.
PBEVIOUS COUNCIL ACl'ION
Resolution No. 49, Seri .. of 1993 and 8-olution No. 50, Seri• 1993, authorizinc the a,reement ~ the
City and Swedish Medical Center for traffic l)'ltem improvements, including traffic liplal upgrad• at
S. Clarkson Street and East Hampden Avenue.
BEC0MMENDBDAC'l10N
Adopt a rnolution authormnc the purchue or condemnatioa • an 18 equare foot triaaplar tnfflc ript-
of-way -ment and a 128 aquare foot trianplar t.ampolary -atructicm -ton the watheut
comer of South C1arkNll and East Hampden A-ue. "nlia lldion ia neceuary to complete the
construction of traffic sipal improvements at this location jn a timely manner.
BACKGBOUND, ANALYSIS AND AL'111:BNA'l1VD WWW ID'iBD
In February, 1994, the City received a report from W . ,I. Boot and Aleociet• coaftrminc that the pn,p,..t
placement of a tarp traffic signal pole on the South.,.. _._. • ~ and Hampden A-ae -W
damap the foundation of the comer buildinc (ice cream shop). Reinf'orcinc the foundation • this
building would coat several thousand dollars. Then.fore, inataO•tion • a double arm traffic lipal pole
wu recommended for the aoutheut comer al the int.erNction. Due to wheelchair ramp requiremmta, and
the position of the uiating traffic aipal pole and storm drains, it would be neceua,y to place the new pole
directly southeast of the en.ting pole, ar appnmmately 38 inch• into the property comer.
The City approached the property owners reqUNtinc a traffic ....... mt to inltall the traffic lipal mat
arm. When qreement for the --t could not be l'NChed with the propa1;J owmra, the Cit;y ~
with Aries Compau Group in ,lune, 1994, to appraise the property. In S.-ber, 1994, the Cit;y-tncted
with an independent necotiator, R. Scott McI>o-11, for acquisition • the euementa. The neptiatiom
ended unauccealfully in March, 1995.
FINANCIAL IMPACT
$210.00
LIST OF A1TACIIMENTS
Resolution
Real Estate Appraisal
Nesotiator'1 Lor
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R. Scorr McDoWELL
JOO North ~. Suite G-47J
Santa F~. New Maico 87JOJ
(JOJJ 982-8472
Negotiator's Log
Property Owner.
Mailing Address:
Shiv Jee Iba. Mini Nanda. and Baljit Nanda
8248 West Cbesmm Avenue , Littleron, Colorado 80123-5589
Telephone Number: Shiv Jee Jha (Caesar) (Broadway)
(Clarkson)
(303) 781-1438
(303) 781-0490
(303)~
(303) 837-1940
Mini 311d Baljit Nanda
Rich Nipert (momey represemini the owners)
Property Location: 3500 South Clarkson Street. EDJlewood, Colorado
Legal Duc:ripuon: Two trianplar shaped easemems on the northwest corner of
Lot 1, Block 4, Higim Saum Broadway Hei,ms.
DAff
9/23/94
9/30/94
&
10/03/94
10/03/94
10/04/94
10/05/94
Dl!SCllll'TION
I sem a lmer addressed to Sbiv Jee Jha and Mini & Baljit Nanda inaoducia& myself
aDd eq,lamiq my functioD with respect to the acquisition of the subject propeny .
My address and lelepboae number were iDcluded iD the leller.
I met with Rick ICahm for oriem:aaon.. the City Alrcmey. for lep1 aspeca. ind N'ICk
Johnson. of the City 's Public Worts 0epanmem. for bacqi:Olilld oa the project a be
bad been iDvol'led iD the aqociatioas 11p to dais poim.
I called and spoc with lUch Nipert. the momey for the pania. for the parpolC of
lmoducm& myself 111d semn, up a meedDS to iDma ~-Mr. N'apert
informed me dm be was unable to meet oa dais day 111d llbd me to call bim the
followinJ day. He sugesa:d mat. if be was amvailable, I should c:oaact 111d meet
with Mr. Iha direaly.
I ~lephoacd Mr . Nipert twice and left two masqes OD his recorder, bUl did DOl
receive a mum call. Accordi.aily , I called Mr . Jha 111d set an appoimmem co meet
with him me follOWUII day (Octobers. 1994).
Mr . Nipert remmed my call from the precedma day , at which time. I illformed bim al
my scheduled meean, with Mr. Iba. He ~ his approval 111d said dla be
would talk to Mr . Jha um the meetiq. Alrhoup Mr. Iba misled the first meedq. I
was able to re-schedule with him larer in me day. At this imecm,, I presemm bim
with a copy of me City's appraisal and wriam oft'er for me property ill quadOD Mr.
Iba illdi.arcd dm be fell the otrcr was very low, smiq dla be bad pun:baled me
property mostly for i1S exposure to irafflc aDd WIS incendiftl Oil erecdftl I sip Oil the
wnc comer wbeR me City is propoai.ai to imcall me new nfflc lipal. ID addidOll.
be said tbat the new facility would reduce me propeny's c:umm viaJbillly from nfflc
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R. Scorr McDOWELL
Necotiator's Loe: Shiv Jee Iha. Mini Nanda. and Baljit Nanda
10/05/94 and. thus. have a negative effect on his business. I responded by saying tha. with no
(com.) other documentation ro cbe comrary. cbe City was limited in wbat they could offer at
this point to the value indicated by the appraisal. Consequemly. I sugested tbat be
obtain some rype of don•rnenarioa for his comemions and provide me with a copy so
tbat I could present it ro me City . I added tha. as I bad been informed by the City's
attorney. loss of business was n0t an issue in this case. and. therefore. the
documentation should be limited to die effeas of the proposed takinl on the subject
real property. Mr. Jha iDdicaed tlm this would most lilcely be his course of action
and that he or his morney would be in comaa with me .
10/11/94 I telephoned Mr. Jha twice. but was unable to rach him.
10/12/94 I called and spoke with Mr . Iba ro see bow die documemation was coming alq. He ...
informed me that be was in die process of obtaininJ an ~ from a si111
comrai:tor. While I was not sure bow an cstimare for a si111 related to the issue at
hand (i.e. real property). I did not confrom Mr. Iba with it. Instead, I decided tbat I
should discuss the maaer with his attorney. I telephoned Rieb Nipert and left a
message on his recorder.
10/13/94 Rich Nipe:i: remrned my call from the day before and we discussed the matter of the
documentation iD suppott of a counter ofter to the City. Mr. Nipert indicated he
· understood that it bad ro be real estate related and said he would talk to Mr. Iba and
let back with me.
10/18/94 After DOt hearini anythin&. and beini unable to reach Mr. Nipert. I called Mr. Iba
who informed me that be did DOt yet have the cstimare from me silO company.
10/19/94 I telephoned Mr. N-.pen and asked bim if be could at least five me a daze when they
expected to respond iD this mmer. He said be wou.ld discuss it widl his cJiem and FE
back with me.
1012.S/94 After not hearini anythin&, I called and spob with Mr. N"q,en. wbo asked if die City
would accept an .unsupponed c:oumer oft'er. I told bim I would cba:t with Chy
representatives and call him back. I called Rx:t ICabm of die Chy and discussed die
maaer with him. He said die City would coasider a nmoaable coumr oft'er.
10/26194 I relayed the City's respome with reprd ro a c:oumer ofter tO Mr. Nipert. wbo
requested that I send him pen:iDcm pqes from die appraisal. He said dm be would
review them with Mr. Jha and set back with me.
10/27/94 I faxed pertinent paps of me appraisal to Mr. Nipert
11/07/94 After not bearinf anythiq, I called Rich Nipert._ who said be mil bad not been able tO
discuss this maaer with Mr. Iba.
3/03/9S I telephoned Mr . Nipert and left a me55aff OD bis recorder. for wbicb I bave received
no return call. .. •· •
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llBSOLUTION NO. !fit
SERIF.S OF 19915
A BBSOLUTION AUTHORIZING THB PUBCBA8& oa CONDDOfATION OP AN
EASEMENT ON CERTAIN LANDS W!THIN THE CITY OP ENGLEWOOD,
COLORADO, TO PROVIDE POB TIL\Pl'IC DIPBOVBIIDITS ON 3&00 SOtn'II
CLARKSON IN THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, to protect the health, safety and -ir.n al the c:itizma al the City al
Englewood, it is n-.ry to make traffic imsmi-ta -d the Swediab Medical
Center Complex and a traffic improvement project bu been implemented to that end; and
WHEREAS, the City of Enclewood must completely rebaild the traffic aipal at the
intersection of Clarkson and Hampden and connect the sipal with the City's muter
traffic computer; and
WHEREAS, there is a public need to acquire 18 square feet al rieht-of-way and 128
square feet of construction easement at the IIOlltheut comer of the intenection to install a
new signal pole in order to complete the project; and
WHEREAS, negotiations for the purcbue of the n-,y property have been
unsuccessful;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
5cstieo 1 The City of Enrlewood sta&' is hereby authoriwl and dinct.ed to napaate for
the purchase of the following described parcel, mcl, lbouJd tbe City ltd'be unable to &l"N
with the owner of the parcel u to the fair market valu, the City M:t.orney is authariNd to
commence action in eminent domain to condemn the followinc puwl a{ nel property u
authorized by law:
Traffic Rirbt.OC·Wu Eaaantot;
A trianplar shaped euement on the Nartb Wat__. al Lit l Block, lfiaiaa
S-th Broadway ffeichta, County al Arapahoe.._ efColondD. in the City al
Enrlewood, Colorado described u followa:
Becinninc at the North West comer al aid Lit l; ._ a..11 aJoas the Wat
line al Lot 1, 6.0'; thence North Eu&erly 8.d ta a paint• the Nartb line afLDt l;
thence Wnt alone said North line 6 .0' to ...._.. Said •-•t -tains
18.0 square feet more or las.
TcmP9Un CPDatrw;tign E1MJP1Dt:
A trianplar .... ment on the North Wnt oomer afLDt 1, Block'-ffiaina South
Broadway Heipta, County af Arapahoe, State of Colorado. iD the City af
Engtewood, Colorado, described u follows:
Becinninc at the North W•t comer of said Lit l; dlmce 8oatb uaac the WNt
line al Lot 1, 16.0'; thence North Easterly 22. .. to a poiat • die Nartb line afLDt l;
thence Wnt alon, said North line 16.0' to baaiuinc Said 111-r't ainu the
18 square foot Traffic Easement contains 110.0 aqaue r..t _.. or 1-.
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Sec;tjpn 2, The Direct.or of Financial Servic:a ia henby aatboriud and c6ncud to
appropriate, Mt uide and hold t'or all _.,. jadammta ad award8, mftlcimt lalllS to
be pm ujlllt campeneet;ion to the owmn oldie prapll'tJ tio be tabn. a mcb
appropriation lbaD nat be 1w than the hipeat appraiMl Yalae for the pucel in qartion
ADOPl'ED AND APPROVED this 31'cl day of July, 111&.
A'M'EST:
Low:riabia A. Ellis, City Clerk
I, Loucriabia A. Ellia, City Clerk t'or tbe City « Enpwood, Colorado, bereby cmtifJ the
above ia a true copy of Belolut:ion No.__. Serie9 of 1996.
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M ~ M o R A N P U M
TO:
FROM:
DATE:
Dan Brotzman, City .\ttorn<.•;-~ ~
Rick Kahm, Engineerin~ ~nna~~ ~d
Ha~· tl, 1!>95
SUDJECT: Clark:.on/Hamvden intcr~ecLion
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As ;,ou rcq11e:..ted, Lhe followin, i:. the information pertain-
ing to the inter~ection of Clarii:irnn nnd Hampden.
Clarkson/Hampden is one of the intcr~~ctions included in the
Swedish Medical Center traffic improvcm~nts project. The
traffic signal at the intersection kill be completely re-
built, and connected with our master traffic computer i~ the
City Hall. .
we need approximately 18 sqft. or ROW, ;.ml 128 scift. of con-
struction easement at the southe,1st ,;.-.rncr or the jnt.ersec-
tion to instull new s ii,nul pole. The ea:-wm~nt. i:. neceiu;ary
to coaplete the iaproveaent project at the intersection.
As you are aware, we have tri~d (both st.nff and uainl an .in-
dependent ne1oti~tor) to arran~e wiLh property owners to ob-
tain I.his real estate. All e!forts h~ve been unsucce:.sful.
Ple:.LSL' noL .. thaL in oru~r tv k~<·t> 0111· ,;,,11:,truct.iun schedule,
we would need possession by July 15, 11~5.
Please call me at ext. 2503 if yo1J have any qu<-litions.
Attachments:
Appraisal
Apprai3nl updat.e
Negotiator~ loi.s
Nick's memo
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DATE: July 7, 1994
TO: Rick Kahm. Engin•ering Manager
FROM: Nick Johnson. Traffic Speciall.st J'/j!'
SUBJECT: Traffic Easement 3500 South Clarkson
In F•bruary cf 1g94, aft•r bel.ng l.nforaed that a large traf:ic
signal footing might cause daaag• the foundatl.on ot the building
on the south w•st corner of South Clarkson Street and East Hampden
Av•nue, I precedo1d to r•quest the necessary easement for the
placing of a doubl~ maat-arm traffic signal footing on th• south
east corner of the intersection at 3500 South Clarkson.
I contacted t:he business at the corner, Ceasar '.s Automotive,
and w•s infor~ed by C•as~r tnat h• and his partners owned the
property. I met with Ceasar at t:he site and explal.ned the easement,
indicated where the pol• would sit and the improvements to the
sidewalk. I gave Ceasar a drawing of the easement and corner, and
a copy of the requested easement document. Ceasar said that be
would cor.tact bis partners, who where out of the country, and fax
them the documents over the weekend. The next week Ceasar informed
me that his partners did not fully understand the easement, thought
th~t their property would be greatly devalued and that the corner
was worth several thousand dollars. I once again explal.ned that the
easement would not count against the square footage of the property
if sold and that the new traffic pole, sidewalk and wb .. lcbair
r.mps should improve greatly the appearance of tne corner aug .. nt-
ing the value of the property. I also explained that the City
commonly paid nothing for a traffic eas .. ent of this type.
Aft•r speaking with his partners. Ceasar told ae that they were
still unsure about the easement and that they wanted their attorney
Rich Nipert <1140. Grant 837-1940), •ho was an expert and understood
traffic ••••••nts, to repres•nt th••·
Mr. Nip•r~ ca!leo on March 17, 1994, we discussed the easement and
the work that would be done on the corner. He said that his clients
wantec a:;,ooo. I told hi• that was not possible. He asked what •e
thought it was worth. I said we estimated about 4.50 per square
foot or S8l. He said that •81 aaountep to nothing and asked if we
could do b•tter. I explained again that normally we ofter a token
810 and p~y nothing. He asked if we could offer more. I said I did
net think ao, but would discuss it w~th the depart••nt.
Ab¢ut two •••ks latter I w&s able to contact Mr. Nipert and offered
a1&2. Mr. Nipert said they sill wanted •sooo.
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When I •a• nex~ able to contact ttr. Mipert. about thr .. week• latar
he waa •till aakinq for •SOOO. I said•• would otter •324 or four
ti••• the value of the property. I told hi• that this •a• a• hign
aa I could go and explained that if•• had to aove to condean th•
property hi• clienta would receive auch l•••· H• said •SOOO.
After talking it over w• decided to try on• aor• ti••· I contacted
Mr. Mipert on May S. 1994 and intoraeJ hia that our la•t and best
of~•r was $500 and that if thi• •a• unacceptable that we would
withdraw th• otter and proceed to condean the corner. He said no
but his client• aight accept an offer of •z.soo. I told hi• that
wa• not poasible. He •aid to go ahead and condean.
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PUBLIC COMMENT ROSTER
DATE: JULY 3, 1995
NON.scHEDULED VISITORS MAY SPEAK FOR A IIAXIIIUII OF FIVE
IIINUTES. EACH PERSON SHOULD SIGN THIS PUBLIC COMMENT
ROSTER. STATING NAIIE, ADDRESS, AND TOPIC OF COIIIENT.
PLEASE PRINT
NAME ADDRESS TOPIC
Plof1111111.i WindowWIINnl
for~SIDINandR 12 ra1lla
CINnng Prlvae Hana and Painting
2-» .......
&.91 Dd. COI0110
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JULY 17, 1995
REGULAR CITY COUNCIL MEETING
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