HomeMy WebLinkAbout14607RESOLUTION NO. 14607
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO PUEBLO CITY – COUNTY LIBRARY
DISTRICT PERMITTING THE INSTALLATION OF A RETAINING
WALL AND SMALL MONOLITHIC HANDRAIL TO REMAIN
WITHIN THE RIGHT-OF-WAY ALONG ABRIENDO AVENUE
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Revocable Permit is authorized to be issued to Pueblo City – County Library
District for the use of the Abriendo Avenue right-of-way on the front entrance of the library to install
a new retaining wall and monolithic handrail.
SECTION 2.
The use of the public right-of-way granted hereby is subject to all limitations, terms, and
conditions set forth in the attached Revocable Permit.
SECTION 3.
The officers and staff of the City are authorized to perform any and all acts consistent with
the intent of this Resolution to implement the policies and procedures described herein.
SECTION 4.
The City Clerk is directed to cause said Revocable Permit to be forthwith recorded in the
office of the Pueblo County Clerk and Recorder
SECTION 5.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED May 10, 2021
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
City Clerk’s Office Item # M-5
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: May 10, 2021
TO: President Lawrence W. Atencio and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Marisa Stoller, City Clerk
FROM: Andrew Hayes, P.E., Director of Public Works
SUBJECT: A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT
TO PUEBLO CITY – COUNTY LIBRARY DISTRICT PERMITTING THE
INSTALLATION OF A RETAINING WALL AND SMALL MONOLITHIC HANDRAIL
TO REMAIN WITHIN THE RIGHT-OF-WAY ALONG ABRIENDO AVENUE
SUMMARY:
This is an application for a revocable permit submitted by Pueblo City – County Library District.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
Pueblo City – County Library District is renovating the property at 100 E. Abriendo Ave. A small
retaining wall will be installed into the right-of-way along Abriendo Avenue to create an adequate
turning radius for vehicles that may be using the plaza as an access or drop-off point. A monolithic
handrail will be installed adjacent to the retaining wall providing pedestrian access to the library
entrance.
FINANCIAL IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
The Revocable Permit Review Committee recommends approval
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
Denying the resolution will require the immediate removal and relocation of the retaining wall and
handrail within the right-of-way.
RECOMMENDATION:
Approval of the Resolution.
Attachments:
Revocable Permit
Letter of Intent
Certificate of Liability
Traffic Control Map
Reception 2226793
05/19/2021 12:03.23 PM
re: Resolution 14607
REVOCABLE PERMIT
Pursuant to the authority granted by Section 16-9 of the Charter of Pueblo, a Municipal Corporation, (the "City"), the City
Council of City hereby grants the following revocable permit to Permittee subject to and conditioned upon the provisions
herein contained and the Permittee's compliance therewith:
1. Name,Address and Telephone Number of Permittee: Jon Walker, 100 E Abriendo Ave., Pueblo,CO/719-562-
5625
2. Permitted Area:47 sf
3. Purpose of Revocable Permit: Slight encroachment in the ROW along West Abriendo Avenue
4. Authorized Improvements: Accessibility plaza for library patrons.
5. Commencement Date: July 2021 (anticipated construction start) Time: 7:30 AM
6. Ending Date: permanent construction Time:
PERMITTEE IN CONSIDERATION OF THE ISSUANCE AND GRANTING OF THE ABOVE DESCRIBED
REVOCABLE PERMIT(THE"PERMIT")REPRESENTS,WARRANTS AND AGREES:
(a) The Permitted Area shall be used for the above-specified Purpose of Revocable Permit. No use of the Permitted Area shall be
made before the time of the Commencement Date.
(b) All structures,fences,tables,chairs,equipment or other improvements authorized to be placed in the Permitted Area by Permittee
(the "Improvements") shall be constructed, installed, and maintained by Permittee in compliance with all applicable codes, ordinances,
rules and regulations of City and this Permit.
(c) If the Revocable Permit is issued for a sidewalk café, the Permittee and sidewalk café shall be subject to all the provisions,
conditions and requirements contained in section 9-10-84 of the Pueblo Municipal Code, or as same may be amended, which are
incorporated herein by reference. In addition, no Improvement shall be tied-down or chained to any tree within or adjacent to the
Permitted Area nor shall any Improvement be installed or located in such a manner as to hinder or interfere with the opening of motor
vehicle doors or passenger movement to and from motor vehicles parked adjacent to or near the Permitted Area.
(d) If this Permit is issued for the use of the public right-of-way for a special event,Permittee shall deposit with the City the sum of
$500.00("Deposit"). The Deposit will be forfeited to the City if Permittee does not remove all Permittee's equipment and property from,
and clean and restore the Permitted Area to its original condition before the Time of the Ending Date. If so timely removed and cleaned,
the Deposit will be returned to Permittee.
(e) Before the Time of the Ending Date, or immediately upon any other termination of this Permit, Permittee shall, at Permittee's
expense, remove all of Permittee's Improvements from the Permitted Area and clean and restore the Permitted Area to its original
condition. Failure to timely remove all of Permittee's Improvements from the Permitted Area and clean and restore the Permitted Area to
its original condition shall constitute Permittee's abandonment of the Permittee's Improvements, and City may, at Permittee's expense,
remove and dispose of Permittee's Improvements and clean and restore the Permitted Area to its original condition. Permittee agrees to
pay all City's costs and expenses,including reasonable attorney fees,incurred in the enforcement of this Permit.
(f) Permittee shall keep all Improvements and Permitted Area in good,clean and safe condition and repair,free from litter,waste and
debris.
(g) Permittee shall indemnify,defend and hold City,its officers, agents and employees harmless from and against any and all suits,
claims,liabilities,loss,damages and expenses,including reasonable attorney fees and cost of defense,arising,directly or indirectly,from
or caused by the issuance of this Permit or the conditions hereof,or the existence,construction,installation,repair or maintenance of the
Improvements in the Permitted Area, or the use of the Permitted Area or Improvements by Permittee, its officers, agents, employees,
invitees or general public.
(h) Neither this Permit nor any of the privileges granted to Permittee hereby, may be conveyed, assigned, transferred or sublet by
Permittee without the prior written consent of the City Council of City. Any attempted conveyance,assignment,transfer or subletting of
the Permit or Permitted Area without the written consent of the City Council of Pueblo shall be void and of no effect and shall cause this
Permit to be automatically revoked.
CA—6/7/17
2226793 05/19/2021 12:03:23 PM
Page. 2 of 2 R 18.00 D 0.00 T 18.00
Gilbert Ortiz Cierk/Recorder, Pueblo County Co
11111 RI 11,11417rqlfe!n,141 ,1ltl',0/VDTrr+:' wf '114, 111111
(i) Permittee shall keep and maintain commercial general liability insurance covering the Permitted Area and Improvements in
amounts not less than$1,000,000.00 combined single limits per occurrence and aggregate,naming the City as an additional insured and
contain a waiver of rights of subrogation against City. A certificate for such insurance and each renewal thereof shall be delivered to the
City. Failure to maintain such insurance shall cause this Permit to be automatically revoked.
(j) Trees,landscaping and shrubbery within or adjacent to the Permitted Area shall be protected from damage or injury by Permittee
and shall not be removed except after receipt by the Permittee of the written consent of the City's Director of Parks and Recreation.
(k) Any notice or other document required or permitted herein shall be in writing and delivered personally or by first class mail,
postage prepaid,as follows:
(i) If to Permittee,at the address shown in paragraph 1 above.
(ii) If to City, 1 City Hall Place,Pueblo,Colorado,81003,Attention:Revocable Permit Review Committee.
Each party reserves the right to change its address provided notice of such change is given in accordance with this paragraph(k).
(1) City reserves and is hereby granted by Permittee access to,under and through the Permitted Area for any and all purposes. City
may injure, damage or remove any and all Permittee's Improvements in the Permitted Area in exercising the right of access hereby
reserved and granted. Permittee assumes the risk of injury,loss and damage to Permittee's Improvements within the Permitted area,and
City shall have no responsibility or liability for any damage or injuries thereto, whatsoever the cause, including,but not limited to, the
acts or omissions of City,its officers,employees,or agents.
(m) This Permit shall terminate upon the occurrence of any one of the following events: (i) the Time of the Ending Date, (ii)
abandonment or non-use by Permittee for a period of three(3)consecutive months,(iii)surrender or cancellation of the Permit in writing
by Permittee, (iv) automatic revocation as provided in paragraphs (h) and(i)above; or(v)revocation or termination of this Permit by
resolution of the City Council of City. The termination of this Permit shall not relieve Permittee from Permittee's obligations under
paragraph(f)until the Authorized Improvements have been removed by Permittee in compliance with paragraph(e).
(n) Permittee acknowledges and agrees that this Permit is temporary and subject to revocation or termination by resolution of the City
Council of City,in its sole discretion,for any reason or no reason,at anytime,without liability to City,and without notice to or hearing
by Permittee. Permittee waives any and all right or claim to such notice,hearing,and liability of the City.
Signed in Pueblo,Colorado this 23 day of April ,2021 .
PERMITTEE:
Organization: f r 614' CI') 3 -f `'.. 'v h- Lt b-rc, -
By: JcvN W Kt14..e v-- c)-W C
Title: EN�c,:idp. 1)t•2&C .7-eZ
STATE OF COLORADO )
COUNTY OF PUEBLO )ss..
The foregoing instrument was acknowledged before me the Q.3 day of kA pr-/ 1 , 20 2-1 by
Jnr) hfa )K r as EA e«; fi'vt. -1 / ,-e c fp .
My commission expires: / a — .D-a — C' `.4'`I
a
[ SEAL] tiA I AA' . Ar...44
Notary Public
ROSE MARIE JUBERT
Notary Public ,(�
State of Colorado
Notary ID#20204044564
APPROVED this /� " T day of ,2W.l °7
PUEBLO,a Municipal Corporation
My Commission Expires 12-22-2024 +
By
ieh s A.Gradisar, ayor
CA-6/7/17
3198 Speer Boulevard
Denver Colorado 80211
303 294 9448
Fax 303 294 0782
www.amd arc h ttec te.c om
Anc rsonMasonDale
Arc tects
April 23, 2021
City of Pueblo Transportation Department
350 S. Grand Ave.
Pueblo,CO 81003
Re: Rawlings Library Revocable Permit Request#1: Letter of Intent/Construction
Requirements-West Abriendo Ave.
To Whom It May Concern,
I am writing on behalf of Rawlings Library to request a revocable permit at the new
"mobility and accessibility plaza" planned for the front entrance of the library, parallel to
West Abriendo Ave.The library is being renovated to reflect the 2111 century needs of the
Pueblo community, and improved front-door access and accessible parking spaces are
an important part of creating a more inclusive, multi-generational, user-friendly library
experience.
The request for the revocable permit is necessitated by a small retaining wall that extends
into the ROW, ensuring an adequate turning radius for emergency and larger vehicles that
may be using the plaza as an access or drop-off point.Adjacent to the small retaining wall
(see rendering exhibit attached,) is a stair with a small monolithic handrail that also slightly
interrupts the ROW, providing clear wayfinding and pedestrian access to the library
entrance, separate from the vehicular turnaround.
Please see attached sketch for the extents of the encroachment in the ROW. HW Houston,
the CMGC on board for the project, has provided a letter of insurance and traffic control
Paul S.Haack,AlA plan in addition to other required documents for the application.
Andrew G.Nielsen,FAIA
David C.Pfeifer,AIA Thankyou foryour time and review of this application. We hope to submit for permit in
Joey Carresquilb,MA PP�
John Graham,MA early June 2021. If you have any questions,please do not hesitate to reach out.
Cathy Bellem,MA
Ban Belem,AlA Regards,
Bin Hillhouse,AlA
Gillian H.Johnson,LEED AP ID+C ,�l
Suzanne D.Minoru,MA I' A p(��
R M
James Taylor,MA :icX Y ' I
John D.Anderson,FMA,1928-2017 Beth Mosenthal,AIA, LEED AP BD+C
Ronald L.Mason,FAIA,Emeritus (Project Manager of the architecture firm leading the renovation)
Curt.F.Dale,FAIA,1945.2003 bmosenthalekamdarchitects.con-t
Dan Bishop,MA
John Everin,MA
Stephan Hall,AIA
Ryan Lutz,MA
Kristin O'Connell,Assoc.AIA
Cynthia Ottenbrite,MA
Julie Zurakowaki,MA
Luc Bamberger,AIA
Michael Bucher,MA
Jenna Michieli,AIA
Beth MosenttW,MA •
Stephen Showalter,MA
Katie Spicer,MA
Todd 9warls,AIA
Matt Weaver,AIA
Zack Writer,AIA
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