The URL can be used to link to this page

Home My WebLink About1998-09-08 (Regular) Meeting Agenda• . . -• . • • 1. • .. .. • 0 • SEPT.EMBER 8, 1998 REGULAR CITY COUNCIL M££TING ORDINANCE I /59, 60, 61, 62, 63, 64, 65, 66 RESOLUTIONI ~~93, 94, 95, 96, 97, 98, 99, 100 •· .. • 0 - • • • t• . • ' ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Rqular Session September 8, 1991 Mayor Bwns advised Council Member Capp should be back shortly, that she was having a liltlc throat difficulty and she wanted to go get something for it I. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Bums at 7 :49 p.m. 2 . lnvocatioll The invocation was given by Council ~ lcmber Nabholz. 3 . Pled&eal Allepuce The Pledge of Allegiance was led by Mayor Bums. 4. Roll Call Present Absent : A quorum was present. Also prcsclll : S. M.-. Council Mcmbers Nabholz. Bradshaw. Habenicht, Waggoner, Bmns Co11ncil Members Clapp, Gama City Manager Scars City Auomcy Brou.man City Clcrt Ellis Director Simpl0ll. Ncigbbortiood and 8usinca Daclapmcnt (a) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO Al'PllOVE THE MINUTES OF TIIE REGULAR MUTING OP AUGUST 1'7, , ... Ayes : Council Members Nabholz. Bladllulw. Hllllaliclll. W...-,. a.. Nays : None Absent Council Members Gamtt. Clapp Motion carried. 6 . SdlcdlllN Vlliton (a) Prcschcduled visitor John Brick was not prcscot 7. Noa-«lled•lcd Vlliton II - (a) Frank Miner, 3 121 Sout11 Vine Street. Slated he was hen: IOlligbl to briltg up lbe IIIIIICr o( rcroning of the R-1-A neighborhood by University Boulevard. He said 11111 rcccatly be auue acnm an article published in the llllcmational Cemetery&. Funeral Manaacn-t mapzinc. wriaca by Edwin P. Carpenter who is an auomcy special izing Ilic cemeteries and funeral indusUy and he is baled in Topeka. Kansas . He presented thc City Clerk with several oopics of the aniclc for Council. In Ibis. Mr. Miner said. •. ----------- . ' • I .. • • C f I Enclewood City Coundl SeptemberB, 1998 Pace2 (, • 0 - he stresses the problems of rewning for the funeral indusuy, 10 get the funeral indust,y into wnc:s where it is not presently accepled. As a mailer of fact, he noted. the title of the anicle is "Navigating Your Way Safely Through Zoning Land Mines .• Mr. Miner advised tliat. nwnber one, he says that ordinances have been held valid that prohibit a funeral home from a residential district, that funeral homes have been prohibited, and are prohibited. because they may lower property values to surrounding landowners. This is an altorney, he pointed out, working in tl1e funeral indusuy, advising people in the funeral industry . Basically he says thal cemeteries an: wonderful , people love cemeteries ... open space, perpetual care. no problems will, cemeteries ... you can locate those most anywhere. But funeral homes are a commercial indusuy and he advises, counsels, his people not to uy to attempt to put them in residential an:as . Mr. Miner said Ilic exception being in older, run-oown neighborhoods ... very often a fwlcral home in an older run-down neighborhood will enhance the neighborhood and help it. But in new up and coming neighborhoods they lower property values. Mr. Miner said 111111 this is what we , in our neighborhood, don't want to sec happen . He advised that Ilic consensus in oor neighborhood. and he has canvassed the entire neighborhood. is that they don't want to sec the rezoning take place on University Boulevard, just north of Danffl<Mlth . He said. they feel it will lower their propcny values, because it will increase traffic on two heavily traveled streets and they sec no demonstrated need . There are thnlc: funeral homes within. he would say. less than a mile . He noted he has not paced it off. but there is one on Hampden. one on Colorado Boulevard and one on Broadway. M1. Mi1ier stressed that tliey sec no need for an additional funeral home in what is presently an R-1-A residcnl~tl ncighbortlOOd . (b) Lester Myers. 419S Sout11 Clarkson Street . advised he is back in regard to the code enforcement and police protection and problems they have had in the neighborhood . He said that, as he mentioned the las& time he was here, approximately a month ago, that he has seen more problems with code enforcement officers and things of this Mturc. Mr. Myers said that after talking to the division officer, and he was hoping he would be here this evening. he said he had given Cooncil a repon in regard to the temporary permit he had in his window and the windows wen: shaded and yoo weren't able to sec il He gave the City Clerk two pictures of the temporary pennit for Council's perusal . Mr. Myers opined that it is quite obvious that they are visible. tlial is from a distance and jusa sitting in front of the house. So. he said. he obviously disagreed with his rcpon. He advised that they have still had a lot of vandalism in the neighbortmod. in the last couple of weeks or so . He said lie has seen more code enforcement officers, again , 1J1an he lias seen police officers. And tlial. lie noted, just irritates tliey heck wt of him ... because his taxpayer's ml'ney . In fact , he said. he had one stop and wave at him the other night out there in the yard and he foond that very irritable to have more code enforcement officers driving around his neighborhood than he lias police officers wlien they are having so much vandalism in the neighborhood . Unfonuna&ely, he advised. Council will ha,-c another gentleman speak tonight that jus& had his window broke 001 this evening. Mr. Myers said they bad another neighbor at 420 I or 4203 Sooth Clarkson, who said be called the police. but they won't do M1ything about it. He had his broke wt just about a week ago. He said be does ban,: to give them credit. they bad pretty quick response the other night, they were actually there within ten minutes after the)• called . They bad some problems with some kids in the neighborhood, so. be said, be does have to give them acdit for the fad thal the response time has increased and is much better tban it was in the pasl . Slill he poinlcd <Mil. a lot of people in the neighborhood and have gol the altitude ... why call them. it doesn't do ai1y good. tliey don't do aa1ything about wliat is going on around here anyway . Mr. Myers advised that he has seen tlu"CC or foor windows broken wt in jUSI the last couple of weeks within a si x, eight block area of wliere he lives off of Dart.son and Princeton . He said it is just like he told the police ulTic:cr tonight. if they would make tliemsclves visible. because code enforcement does. that they wouldn't ha\'C these problems in the neighbortlOOd . Mr. Myers said he probably shouldn't have said that. that was going a linlc bit out of line. bul ii really irritated hi1n. especially when his neighbors window gets broken 001. things of tliat nature . He advised lie 1135 asked for extra police protection in the evenings, especially between lcn p.m. and midnight. Then: are a lot of litnes thal he walks up and down the neighborhood there aild silting out on Ilic patio aild he IIC\'Cr secs a police car go by . He said he doesn't know wh y llk.'Y neglect that pan of the neighbortlOOd 01 wliat the problem is therc . ' ,, - I .. • • ]- • • En&tewood City Council ~ptembcr8, 1998 Pa~J • 0 • Mayor Bums asked Mr. Myers if they have an active Neighborhood Watch in his neighborhood . Mr. Myers said not 81 this time, U1&t he has talked to a few of the neighbors. but unfortunately the majority of the neighbors are new, just moving in , or the place is for sale, so they haven't been able to anything going 81 this time with the Neighborhood Watch program . He commented th8I he was chairman of a Neighborhood Watch program years ago, in another area . He said he thinks the program works pretty well . Mayor Bums noted Uiat we really have one of the tnOS1 active Neighborhood Watch programs. probably the best one in the State, we had over 330 block parties a few weeks ago when we had the National Night Out. He asked if Mr. Myers lias talked to Nancy Peterso,1 at Ute Police Department. Mr. Myers said no . Mayor Bums advised th8I Nancy Peterson is the party to talk to, that she heads up our Neighborhood Watch ~ and does a fantastic job and has been recogniud by the State and even natioaally for this program. She is over with the Code Enforcement office and he can get that munber. He said Ms . Pderson is absolutely the person to talk to, if you don't have a Neighborhood Watch program she will get you one and if you get within ten feet of Ms . Peterson you have volunteered. He opined she is great at this and he really encx,uragcd Mr. Myers to talk to Ms . Peterson. because this could be a big belp with all the vandalism problems . Mr. Myers noted Uiat as he mentioned when he was here previously he was looking for suggestions or things they can do in the neighborbood for this reason ... with all the problems they have had with the vandalism and all the windows being broken and now it is getting to where they will even do it in daylight. Mayor Bums staled that if Uiey have certain juveniles doing this. or neighborhood kids. they probably need to identify that. And, he noted, Council Member Habenicht made a good suggestion about Neighborhood Watch . He opined dial the combination of things oould really help him with this problem . Mr. Myers commented that they did I.ave an incident a few weeks ago that he thought was rather hysterical . A couple of old ladies and a gO<al1 were pulled over by a police car and they didn't know what to do about it. Because they had been working on this go-cad. golf cart. to get it going and the one lady was in her ftf\ies and the other lady was in her eighties. He said it was funny how the police can find something like that. but they can't find these kids driving around with BB guns and pellet guns and they obviously mUSl have a bucket of rocks in the car wiU1 U1C1n because Utey use a sling shot to shoot these rocks and stuff with . Mr. Myers said he did get a prcnv good description of a pick-up the other night that he thinks might be involved so maybe thal will lead to w1ncthing . But again, he said, he wanled to state the fact that be feels offended that he has seen more code enforcement officers than he has seen police officers. Mayor Bums nid he thought that was why he may find Neighborhood Walch so helpful , because they don't have to have the police out Uterc all of the time, if thcy have a good Neighborhood Watch program . And if you ha,-e certain kids. he noted. often we find that it is the kids in the neighborhood doing the damaF and you may be able to identify Utem . Mr. Myers explained that their biggest problem is that they don't have anybody on the CUI side or the lb"Cld that can ICC there. So all they can do is jw.1 on the 5ides lilRlCIS there. whicb most or the pc,op1c arc out. gone , or just moving out and one house is vacant Uicrc right now . So. he said. he has taluld to a couple rl people and they an: willing and they "ut to do something al5o. because they arc tin:d or the windows being shoe out and broken out and different things of 111;11 na&un: and the graffiti . Mr. Myers Slalcd that any suggestions or ideas or any help they can get he "wld definitely apprcciale iL Mayor Bums asked thal he talk to Nancy Peterson. that he felt Mr. Myers would find her to be a grat resource . Mr . Myers said okay . (c) Brian Bleile. 420 I South Clmtson Stn:et. said the rcuon is his here is !*1ly because of what Mr . Myers was talkinJ about...code e11forcc111c111 versus police enforcement He advilcd dial be wrote down the suggestion about contac1ing Nancy Peterson and he will delinildy get a hold rl Ms . Peterson Mr Bleile stated that he "'OBS out of his house and he is honlC 24 hours a day . IC\'en days a ,, - I • • • - - • • Englewood City Council Scptember8, 1998 Page4 (, • 0 t ~ • week. so he watches a lot of what is going on . He said he wenl in the house at 6 :00 and staned watching the game and came back out at 7 :00 to come to the meeting and his window was shol on his truck . He said he doesn't know if anybody realizes the extent of the damage thal is happening out there, but that makes seven houses in the last week and a half that he knows of in his two block area that have had their windows shot out. He said he wanted to know if the police actually think this is a serious enough issue. He said we can sit and talk aboul ... well it is kids with a BB gun, kids do kids tilings ... but. his $250 deductible on his insurance isn't going to ... if he says ii is a kid with a BB gw1 , it is a kid tl1ing ... why don't you just replace it. Mayor Bums said he thinks it is a lot, ii .is way too much, but it is not efficient to have a call and response with the police to try to solve that kind of chronic neighborhood problem. He thought perhaps they need an impact team if it is tliat serious . So, Mr. Bleile said. you don't tllink a cluonic neighborhood problem should warrant the police? Mayor Bums said no. thal what he is saying is that the Neighborhood Watch program. which Nancy Peterson. as a police officer, administers ... wt. that does is put the neighbors in contact with each other. So if it their kids that arc out roaming around or whatever. they get to know each other, they get 10 know the kids in the l'Cighborhood, they get this communica&ion going back and forth between tliem and thal is much betler tlian having 10 pick up the phone and call the police every time something happens. He maintained it is j11S1 more effective. Mr . Bleile: said that he concurs 100%. Mayor Bums Slated 1ha1 community policing is a big issue in Englewood. we really like to push that and that is a 101 of whal thal is all aboul. He said he was sure ii was frustrating if they arc just calling the police all the time and wanling tl1em 10 rush oul if someone knocks a window oul or something, but that is not the moSI efficicm way 10 lake care of ii. Mr. Bleile Slaled thal he does not expect, after the fact, an officer to come oul and solve his problem . He empliasi7,ed 11131 wl131 he expects oul of lhc police department cnforccmenl is to keep those problems from occurring. Prevention, Council Member Bradshaw said . Mr . Bleile said exactly. prevention. He noted there have been numerous studies done thal even the sight of a patrol vehicle decreases the amount of crinlC in a neighborhood. ii is just a given fact . And like Mr. Myers said. two meetings ago he was here and ever since then they have kept track. A running tabulation of what lhey have seen. versus code enforcement versus law c:nforccmenl. Mr. Bleile: said 11131 the day the lwo old ladies were pulled over in the golf can was the first time and only time they h.1vc seen a vellicle in the laSI few meetings Council has had and they have seen code enforcement four tilllf'.S . I le commenlcd that he understands code enforcement is there for a reason. he docsn 't have a problem with thal other than there is SOlllething not working right. He said it shouldn't be: that you arc singled oul more because your weeds arc growing tall. than the vandalism occurring lo our propcny . Mr. Bleile slid there is just !>(llllething wrong and he doesn't undc:naand, if Council doesn't actually undc:rsland the impact of what is happening. He pointed out that this is seven that he knows about and that 's noc includi1ig Ilic people he: doesn't know about . In fact a nc:igJtbor bad hers broken out twice in two weeks and his IIChc:r next door neighbor bad his broke out the next week . So. he said. it was just his tum. Council Member Nabhol z asked if ho: c:111, the police each time tltis happens. Mr. Bleile said theY call die: police . every time it has h,1 ppcnc:d . Ms. Nabholz said tllCll there: is documc:nl8lion on rcconl. The ClOIIUDCIII was made that they call each time. bul other neigltbors just say wh y bother, because they don't do anything aboul ii . Council Member Nabholz noted that that is pan of Ilic problem and theY need the documentation. What they arc doing efTecti\'Cl y is con1111unica1ing among 1hcmsclvcs as neighbors and she: encouraged lhcm to rouch base with Nancy Peterson . But. she pointed out. the: police will not know there is a problem if lhcy say ii 1135 happened cighl or nine limes. bul we liave only called you once. Ms. Nabholz acknowledged thal sometimes response lime may be: longer lhan we would all like it to be:. but they have to have Ilic documc:ntal.ion to crcalc a record of tl1is. so 11131 we can sec that we really need to pay attention to thi s part or 1own . Trust me:. Mr. Bleile: said. somebody really needs to pay attention to this pan or town . Mayor Bums agreed that that is way 100 many incidents . "' - • . I .. • • 0 , - • • Englewood City Council September II, 1998 Page5 • 0 • Council Member Habenicht commented that she hears what he is saying ... the frustration . But, she said, she would also like to share that she has allended some programs on community policing that have talked about ... and she understood there was one in Denver called Eyes and Ears, or something like that ... where every vehicle, every presence of the city, whether it be public works, code enforcement, animal control, safe! y services ... they arc out in the streets and able to counter those kinds of things . So. she said, she knows that in a way they arc expressing a frustration, but that it is also to their advantage that other city vehicles arc <'UI there. Mr. Bleile agreed that it is a team effon. that everybody in Englewood should be on the same team, it shouldn't be anybody competing against one another. He said he agreed with that 100"/o. Mr. Bleile stated that the folks he and Mr. Myers have talked to around their houses, that the incidents have been between 10:00 and midnight. exocpt tonight and this was between 6 :00 and 7 :00. II just happened to be coincidental, on his way lo this meeting. Mr. Bleile said he just wa111ed to bring this to Council's allention. that he docsn~ want to be a chronic complainer, but it is gelling very serious. Mayor Bums stated that Council is glad he did. because he definitely needs to have some act.ion over there. He thanked Mr . Bleile for coming. • •••• !Clerk's note : Council Member Oapp entered the meeting al 8:09 p.m. I • * * *. (d) Chris Milner, 2232 Easa Danmouth Avenue, said that basically he was here this evening 10 let Council know that there is an awful lot of suppon for the funeral chapel at University and Danmouth. He said he lives right on Danmouth, across the street from the church. He advised that one of the things that is going on over there. al that little church, is that there is very lillle landscaping and what landscaping then: is is mostly weeds and thistles, plus tlicy have seven old school buses parked there. He noted that when the wind blows all of the seeds and everything cl~ blows across Danmouth illlo their yards. It makes for a terrible mess, considering the weeds and the thistles and the dUSI and the dirt and they also have the seven old buses 10 contend with . Mr. Milner advised lhal another thing has happened in their neighborhood is thal. as he was sure moll of Council knows, this is not something new lhal has come before Council as far as projcas for 1.11.11 propcny. He lilaled they would like 10 sec a non-polluting, quiet, non-thrc:alcning business. like a fllllCllll chapel CSlablished there . He mainlained there has been an awful lot of misinformation filtered out into the conununity. Misinfonnalion like there is going 10 be embalming and cremation laking place there . Mr. Milner stated it i, not , it is suictly a funeral chapel. He said be can go out and find six aniclcs. right now , that will talk about a funeral chapel in a neighborhood being good for propcny values. So , he said. he thinks we need 10 look at what is actually going on in the neighborhood. He stated he has a list of homeowners along Danmoutl1 and along Danmouth Circle and we arc the people who are most affected by this propcny . And to a person. he said. they have said yes, they would like to sec th is propcny go in . He noted that a gellllcman spoke earlier here about canvassing the neighborhood and, he said. frankly , that is just a lie . Mr. Milner advised tJicy ha,•c had homeowner's 1nectings al bis home and there is trcmcndous suppon for tllis project in their neighborhood . Again, he said. it is because there arc a 101 of 1hem that would like to see lhal propcny finally developed and developed into something that would be aesthetically beautiful. but also non-polluting. not invasive into the commwiily, not invasive into our neighborllOOd . With Ilic plans the Newcomer's have proposed to us. he said. regarding landscaping. hours of operalion ... they close at 9:0tl in tlie ~'\'Cning ... the idea of two or tlvec funeral processions a week, max . ' •. • • C , - - ' • • Englewood City Council September 8, 1998 Page6 • 0 • He said he thinks that if someone is concerned about traffic congestion two times a week from a funeral procession, lhat he really feels they need to get a hobby or something. Because, he said, that is one trip we are all going to take someday and he would ccnainly like to think that we could cut someone some slack if they are holding us up five minutes on our way to Safeway . He said he just really wants Council to know that there are a whole bunch of us thal live in Englewood, are Englewood iaxpayers. Englewood vOlers who are in favor of this project. He noted hr. has a list of homeowners and he is getting more every day. He said he just really wants Council 10 know lhere is another side to th.is story. (e) Ray Berlin, 2132 Easl Danmoulh, said he is a neighbor of Mr. Milner's and he thanked Council for lheir time . He said he would like to make some specific comments lhat he thinks are extremely imponant to lhe approval of lhis PUD . First of all, he noted, the false infonnation Mr. Milner was referring to, especially in regard to a crematoriun1 ... to make a crematoriwn profitable there you would have to bum half of Arapahoe County. He opined you could never make the thing pay and that's not even in his PUD . And rcalizinit, he said, tbat Newcomer runs a business lhat is highly SUSCICptible to criticism ... they have a high degree of integrily ... it is a business wilh a lol of decorum and ii is a business that nobody else. that he can think of, would wanl 10 do. He poinlcd oul thal they are dealing with an aspect of life that few of us like to face at all . And lhey lake care of ii in a way that is quiet. ii doesn't intrude on anybody and it would be a benefit , in review of whal they have had proposed to them in the past. He said they would remember when 1he Cliesler's moved lltal house over. thal was approved and a PUD was granled. Mr. Berlin stated ii hasn't caused a greal deal of inlrusion in lite neighborhood and Ibis ooe won't cilher. In fact , he said, he was looking al so,ne oflhe commenls lhal were made by Commission ,nembers and incidentally. six of the eighl commissioner's voled to approve 1his projcC1 wilh lwo dissentions. Ms . Tobin and Mr . Rininger, who did not make adverse or neg;Uive comnicnls even in !heir dissention lo vote yes on l11is projeC1 . And Mr. Douglas. especially, has said. what I have said in the past, time and time again. lie said ii was a tough decision for him because he lives in lite neighborhood and he is afraid that wilh this proposal , which he likes, th.1t he fears tltat l11ere would be a macll worse scenario put forward and would be approved in the fulure . And, Mr. Berlin said, so docs he. He said he doesn't wanl his neighbors. eilher in Denver or in Englewood, 10 have somebody impose on !heir righl 10 enjoy their propeny in a privale way wilhout disturbance from any outside intrusion. none of us wanl lhat. He said we are not that kind of people in Englewood and that is why he moved here and lie ltas been here 28 years. Mr. Berlin Slaled thal he didn't move here from Denver because he had no otlier choice . He advised thal Mr. Welker stated that he does not sec the monuary chapel as a large traffic producer and, Mr. Berlin said, ncilher does he . He maintained ii is nol going to produce any more traffic at lhe times lhcy go, because they arc restriC1ed to when they can ltave a funeral go 001 . And 1his, he said. is going lo be a viewing center, not a monuary . lliey are not going 10 bury people lherc, tliey arc not going 10 embalm people IIICl'C . But. Mr. Berlin said, he has 10 agree wilh people 1ha1 hold lllal single family dwellings would be lhe most appropria1e usage of this propeny . lllal goes wilhoul saying. llic silc acquisition for this. lic advised. is S750,000 and anyone in their righl mind who is going lo pay S37S ,OOO for a site to build a house on, would go to Cherry Hills where he could get acreage. not a building silc . llc'II go 10 Cherry Hills Farms. because if you pay S37S,OOO for the building site you surely arc going 10 pu1 a S400.000 plus house on it. And. he pointed out. the lint pRl(lCpl of real estale is local ion. location. localion and this is not a location for that kind of scenario. It jUSI won't work tltere, nobody will build that lhcre. if you preach .iboul ii from now until doomsday . And lastly, he said . Mr. Sliu made a comment lltal the bcsl possible use for lite land is single family dwellings. which would be 1wo single family uni1s . however . if more lltan 1wo are developed on this propeny, the extension of waler and sewer is prohibi1ive and lhe cosl is of gre.11 concern. If more llian 1wo unils were developed on 1hi s sile ii would require Ilic developnl('nl of a privalc strccl . which is strongly discouraged. So, Mr. Berlin opined. lhal jusl abonl shools down anybody pulling 1hosc kinds of lhings in l11cre. He said , most assuredly he would 1101 like lo sec our neighbors lo tl1e north, in Denver. looking al the back side of a blank wall wilh 111ili1ics hanging on it. because condominiutm, were developed there . He stated thal none of us would like thal , thal is higllly intrusive. So. Mr . Berlin said, in conclusion he would urge Council to ... and lie was sure lhcy would read lhcsc whcn lhcy review lhis again ... il would be , of all the scenarios put fonh in lhe pasl len years, this one is probably llie bcsl , Ilic quielCSI and the least intrusive in the ncighbomood 1hal ll1ey can have . And allhough he 1s a big advocalc of R-1-A neigl1borltoods. he said, he doesn't know ' ,. - ·- I ... • • 0 f - Enpewood City Council September 8, 1998 Pagc:7 •, • • , . • what else they can do with this. Mr. Berlin said that Mr. Rininger's comment in here says it all ... something worse may come down and it may be approved. (I) Philip Nearing, 2702 South Fillmore, advised he is from Denver and represents the Southern Hills Community Association that is on the east side of the church, the proposed monuary. He said he came tonight just to Wlderstand a little bit more of the issues that are facing this planned redevelopment. A lot of the individu.ils within his homeowner's association have contacted him. as the President. to try to gain a better Wlderstanding of what is going to be taking place there . Some of the comments he has heard. he advised, an: what have been echoed tonight with respect to property values and doing what is best for the site. Mr. Nearing said he feels it needs to be beneficial too, not only Englewood, but also to the folks on the Denver side. He commented that he feels kind of like the black sheep here representing Denver, but he feels that his homeowner's association has some valid concerns with respect to the redevelopment Personally, he said . he hears that there are tl10Ughts around about possibly doing IOl1ICthing WOl'IC tlwl the mortuary. Mr. Nearing noted that maybe they could redevelop, or re-landscape the area, do something better with the existing church. So, he pointed out, there are other alternatives besides the mortuary or so1nething that would appear to be less beneficial to the community. He said he just wanted to r.ome and let Council know tliat this is catching Ilic altention of some folks on the Denver side. Undoubtedly, he noted. in the next couple of weeks. before we have the open hearing, he would like to get a linle bit more information about it and he would like to know who to talk to about doing that He asked who he might talk to in the futwc about this issue. Mayor Bums advised that Director Bob SilllpllOn, in the back, just raised his hand. He noted Mr. Simpson is with Neighborhood and Business Development and suggested that Mr. Nearing speak will, him. 8 . Co•munication1, Proclamations an• Appoint111C11t1 (a) A letter from Denise Lombardi indicating her resignation from the Englewood Firefightcr's Pension Board was considered. COUNCIL MEMBER BRADSHAW MOVED, AND ITWAS SECONDED, TO ACCEPT THE RESIGNATION OF DENISE LOMIJARDI FROM THE ENGLEWOOD FIREFIGHTER'S PENSION BOARD. Ayes: Nays: Absent : Motion carried. Council Members Nabholz. Bradshaw, Habenicht. Waggoner, Clapp, Bums No1ie Council Member Garrett Mayor Bums commented that as he Wldcrstands. from this letter, she cannot conlinue to serve once she hu left the City. City Attorney Brotman explained 1h11 she was a citizen member and, although we would love to keep her on the board. once she moved out of the City 1h11 was it. Several Council members noted thal she was a wonderful member. Mayor Bums asked if tliat was being communicated to Ms. Lombardi . City Attorney Brotzman advised tliey will lake care of thal . (b) A proclamalion declaring the week of September , ,... tlvough 23'". 1998 as Constitution Weck was considered. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION PROCLAIMING TH[ WEEK OF SEPTEM81ER 17nt THROUGH 23,., a,,e AS CONSTITUTION WEEK. Ayes: Council Members Nabholz, Bradshaw. Habenicht. Waggoner, Clapp, Bums . ' I .. • • 0 , - En~wood City Council Septanber 8, 1998 Pases Nays: Absent: Motion carried. 9. Public Hearin1 • • • None Council Member Garrell No public hearing was scheduled before Council . 10. Conaent Apda (a) Approval of Ordinances on Firsl Reading COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I), (U), (ill) ud (Iv) ON FIRST READING. BRADSHAW (i) COUNCIL RILL NO. 53. ll'mlOOUCED BY COUNCIL l\itEMBER A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO. 138 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES. BRADSHAW (ii) COUNCIL BILL NO. 51. ll'mlOOUCED BY COUNCIL MEMBER A BILL FOR AN ORDINANCE AUTHORIZING A LICENSE AGREEMENT BETWEEN MICHAEL THYNNE AND THE CITY OF ENGLEWOOD, COLORADO FOR THE INSTALLATION OF A 6" WATER MAIN OVER THE CITY OF ENGLEWOOD'S RIGHT-OF-WAY FOR THE CITY DITCH LOCATED AT EAST BATES AVENUE AND SOl1l'H EMERSON STREET. BRADSHAW (iii) COUNCIL BILL NO. SO, INTRODUCED BY COUNCIL MEMBER A BILL FOR AN ORDINANCE AUTHORIZING A LICENSE AGREEMENT BETWEEN DANIEL BROST AND THE OTY OF ENGLEWOOD, COLOkADO FOR A BARN WHICH WAS BUILT ON THE RIGHT-OF-WAY FOR THE CITY'S WATER LINE . BRADSHAW (iv) COUNCIL BILL NO. 52, ll'mlOOUCED BY COUNCIL MEMBER A BILL FOR AN ORDINANCE AUTHORIZING A "GRANT OF A CITY DITCH EASEME!lrr BETWEEN THE FIRST CHURCH OF CHRIST, SCIENTIST AND THE CITY OF ENGLEWOOD, COLORADO FOR A 25' EASEMENT ALONG THE CITY DITCH LOCATED AT 3701 SOl1l'H LOGAN STREET. Voee reailb: MOlion earned. (b) Ayes : Nays : Absent: Council Members Nabbol1_ Bradshaw, Habenicht, Waggoner, Clapp, Bums None Council Member Garrett Approval of Ordinances on Second Reading "' - .. • • 0 J • Englewood City Council September 8, 1998 Patte 9 ,, • 0 • lbere were no additional items submitted for approval on second reading. (Sec Agenda Item 11 • Regular Agenda.) (c) Resolutions and Motions COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (c) (i) and (Ii). (i) RESOLUTION NO . 91. SERIES OF 1998 A RESOLUTION AUTHORIZING THE ENGLEWOOD OLD-HIRE FIREFIGHTERS' PENSION PLAN AFFILIATION WITH THE FIRE AND POLICE PENSION ASSOCIATION (FPPA). (ii) RESOLUTION NO . 92. SERIES OF 1998 A RESOLUTION AUTHORIZING THE ENGLEWOOD OLD-HIRE POLICE OFFICERS' PENSION PLAN AFFILIATION WITH THE FIRE AND POLICE PENSION ASSOCIATION (FPPA). Vote re.Ill: Ayes : Nays : Absenl: Motion carried . 11 . Rqular Agenda Council Members Nabholz. Bradshaw , HabenichL Waggoner, Clapp, Burns None Council Member Gnrrett (a) Approv.il of Ordinances on First Reading (i) Director Simpson presented a rccommcndalion from the Department of Neighborbood and Business Development to adopt a bill for an ordinance approving the Newcomer Monuary Planned Unit Development and to set a public hearing on this matter for October S, 1998. He advised that staff is recommending. as wc do with any of our Englewood ordinances, lhal wc set a public hearing to provide an opponunity for the public to come forward and testify either for or agailut this proposal . Ma. Simpson staled that this. by no means. provides any level of approval for this ordinance. Al a later dale . Council can still clearly vote aye or nay on this inaner. Council Member Bradshaw advised that she asked our City Allorncy if they have to schedule a public hearing. Personally. she said. the feedback she has n:iccived from the neighbors in the area is 1h11 they do not want this. they absolutely do not . Ciiy Allomcy Bn>IZIIWI advised that if she is basing her decision on the information from Planning and Zoning. on their record and what your zoning conditions arc . that's line . If you arc going to look al what the neighbors wanL that is going to be outside evidence and you really should open a public hearing for thal. he e"plaincd . Council Member Bradsl~1w said she had a question and referred them to page 3. Section I. item 9 of the counc il bill . She stated she just has problems with that being a reasonable usc of that propcny and that is wh y she was thinking that if the majority of Council feels that way then maybe they would llOI even have to deal with a public hearing . She asked if thal was corm:1. Ms . Bradshaw explained she is basing it on reasonable usc of the subject propcnics . City Allorncy Brotzman clarified that this was bucd upon the evidence that was previously presented to the Planning and Zoning Conunission. Council Member ' I .. • • 0 , Englewood City Council September 8, 1998 Page 10 . ' <. • 0 • Bradshaw said yes and advised that she read the minutes of the meeting and after doing that she still feels that way. that that is not reasonable. Council Member Waggoner said he has been going down through some of these things, that are listed in the ordinance. and he too feels that tberc is quite a little here tbat has not been addressed or. at least. in his mind. does not follow what we have attempted to plan for the City of Englewood. He pointed out that nwnbcr I says that the District Plan requirements arc in confonnancc with the Comprehensive Plan. Mr. Waggoner said he thinks that our Comprehensive Plan calls for an R-1-A in that area. it has been wncd R- I-A for a long time and that it should stay R-1-A. He stated another one, on number 3, says it follows generally accepted standards of development in the City . Council Member Waggoner said he docs not believe it follows the generally accepled standards of development in the City ... that area is supposedly to be developed as R-1-A. He stated he doles not believe it is consistent with the goals. objectives, design guidelines. policies and any other ordinance, law or rcquireinent of the City . We have other ordinances that say thal is still R-1-A . And iwmbcr 7. again, says generally accepled standards of development and, Mr. Waggoner said. he just doesn't beliC\'C that changing the 7..oning and getting away from the R-1-A development in the area is a generally acccplcd standard . He stated that he too will. as far as he is concerned. be voting no because of those reasons. along with number 9 tbat Council Member Bradshaw mcnlioned Council Member Nabholz said tbat she would like to piggyback on Council Member Bradshaw's and Council Member Waggoner's statemenls. She agreed that it is not an accepted standard of development in our R-1-A areas. She opined we have worked very hard to try to bring standards up in Englewood, in our residential areas . Ms . Nabholz said she does not think it is a reasonable use of that property and she too will be voting no . Mayor Bums asked if there were any other comments. Mayor Bums advised that he has had a lot of input too and so1ne of the same people who testified at the public hearing have called him on thi.; and he knows he can't base lhis on that. But. he stated. he has the same kind of concerns. l11is is a PUD application and it is not a re1J011ing under the present zoning classification . He asked if tliat was rigl11. City Attonx.-y Brotzman said that was correct . So, Mayor Bums said. in order to proceed you liave to accept the fact tliat this is a PUD application thal you are willing to entertain. which is different than just tlie regular 1.oning. He stated lie has had concerns about it and he is concerned for the record about it too ... he doesn't have a whole lot of record liere . He said he has the same concerns everybody else does, about whether this is an appropriate use. Council Member Habenicht said slie would like to echo that too and say that in hearing the concerns of the commission members too ... is tliey resented it ... that tliey are talking about a choice between taking their arm or tlieir leg and that they prefened taking Ilic leg to the arm or something. that something wonc could come down Ilic pike . She stated slie really doesn't think it would be iaponsiblc to support IOIIICthing because something worse migl1t happen . Ms . Habenicht said slic thinks we arc trying to find the highest and best uses. and whatever we can do . that would best serve tlie community and the R-1-A district . Although slic can understand sonie fears. it docsn 't seem to lier to be the basis upon which to make this decision so. sl1c said. she too will be voting no . Mayor Bums said he is somewhat conccnlCd that if they don't l~wc a public heanng. tliey won't get the ci1izcn inpul. They have had some lonight. and he kind of likes to have that in IIICSC kinds of situations. bul , he noled. there is a strong feeling, it appears. among the Council. tliat this is not an appropriate use . Mayor Bums noted th.1t they don'l liavc a motion lo pass at lhis point and they don't have a motion to set a public l1earing . He asked if anyone wo11ld wish 10 mak.: such a motion . ,,. - I • • 0 - Englewood City Council September 8, 1998 Page 11 ·, • • • COUNCIL MEMBER BRADSHAW MOVED, AND IT w AS SECONDED, TO REJECT mis ISSUE BECAUSE IT WASN'T APPROPRIATE TO BE UNDER THE PUD. Ayes: Nays: Absent: Motion carried. Council Members Nabhol z. Bradshaw. Habenicht. Waggoner. Clapp, Bums None Council Member Garrell (b) Approval of Ordinances on Second Reading (i) Council Bill No . 48 approving the sale of the Depot building to the Englewood Historical Society under an installment contract was considered. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM t l (b) {I) ON SECOND READING. ORDINANCE NO . S8 , SERIES OF 1998 (COUNCIL BILL NO . 48, INTRODUCED BY COUNCIL MEMBER HABENICHn AN ORDINANCE APPROVING SALE OF DEPOT BUILDING BY THE CITY OF ENGLEWOOD TO 11IB ENGLEWOOD HISTORICAL SOCIETY FOR THE TOT AL SUM OF $76,000 UNDER AN INSTALLMENT CONTRACT. c.ouncil Member Nabhol z advised that the Historical Society says thank you . They bad a board meeting Thursday morning and they appreciate the City's pll'tllCrship , their willingness and they were n:ally sweating that this wouldn't go to second reading. Ms . Nabhol z offered thanks for all they have done, as a City. for this societ y. Vote multi: Ayes: Nays : Absent: Motion carried. Council Members Nabhol 71 Bradshaw. Habenicht. Waggoner. Oapp. Bums None Council Member Garrett Mayor Bums asked Dilcctor Siml)IOI~ 111 a point of informalion. to tell him where we arc on the ocher pans of this transaction. including the land tran.vcrs with the Housing Authority . Mr. Simpaoa advised 1h11 everything has been approved as of this C\'Clling. City Allorncy Brot zman stated we will be setting a closing with Mr. Flynn with the Historical Society and with the Englewood Housing Authority as well . Mayor Bums advised that the Housing Alllhority has a project . an A VS project. they would like to use on one of those lots they a,c getting. So they would just like to lave the closing so they can 1111M ahead with these kidl. who arc now back in school and need to get llartcd . • • • • • Council Member Waggoner stated tliat he thought some of the people in the audience might be wondering what they did on the rnonua,y propcny . He suggested May or Bums explain to them that there will not be a public heari ng . that tlie issue . right now . is dead . . ' .. • • 0 • Englewood City Cooncil Septemher8, 1998 Page 12 (. • 0 ,~ • Mayor Bums explained that with the vote of the Cow1cil on the mortuary, that ii is not an appropriate PUD use, there will not be a public hearing sci and the ordimnce is not passed on first reading. therefore this item is dead as of the present time . . .... (c) Resolutions and Motions TI1erc were no additional resolutions or motions submitted for approval . (Sec Agenda Item 10 -Consent Agenda .) 12 . Gena-al Di1e11uioa (a) Mayor's Choice (i) Mayor Bums advised we have a Tenl Talk on 111ursday night al Bates Logan Park and he encouraged everyone 10 go . (ii) Mayor Bum~ noted they will have some more discussion in a bit on the lunch meeting that he and Gary Scars had with RTD on Wednesday, ii was an extremely positive lwich. (iii) Mayor Bums said he hoped that the neighborhood at Clarkson will contact Nancy Peterson and do some Neighborhood Watch work . He said he bas a feeling that there arc certain demons in the neighborhood that they need to idenlify. who arc causing some of their problems. He said he hopes they can get some relief on that (b) Council Member's OK>icc (i) Council Member NablK>lz : I. She said she thought she had e . ..:plained. in reg.VII to General lroo Works. that that is under contract with Bar1on Supply. 2. She advised that she left a message for Chris Daniels ... she stopped him and talked with Dan Brotzman about him using the pirking lot over here 10 the cast of the Library for a Farmer's Market . She noted she has had more calls for a Fanncr's Market. because of the bumper crop of fruit and all this year . However, that being a lot that is owned by Swallow Hill . he at one point in time seemed real open to us using that. So. she said. they have been playing phone tag back and forth as to possibly using that this summer oo Saturday's or Tuesday's or whalevcr. from 7:00 a .m. 10 2:00 p.m. So thal she said. is in the works. 3. She said she appreciated the Neighborbood Watch potluck meeting last \\'Celt ... that was wonderful . 4. She advised she also aitended a planning session. ii is called Faa: It There will be a swnmil on homelessness in weslem Arapahoe Counly. She said she would highly urge all of Council 10 pa,ticipale and if they can 'I support it physically, she would be glad to be that voice . They have asked for city attorney's. director's of police and fire and ii will be October 14d' ;u Sheridan High School . The munl that is currently at the C0tmty building i~ of actual IK>nicles.~ families . Mayor Bums noted that the Housing Authority was made aware of this al the last meeting. ' •. I .. • • C l ]- - • • Englewood City Council September 8, 1998 Page 13 . . " -• • • Council Member Nabholz advised that Janel Grinunetl called her and she was very instrumental and she applauded her for pulling all of these people together. They also have someone from South Suburban and. she said, she will try 10 get somebody from Parks and Recreation . S. She thanked Joyce Parsons. She said she put a call in today in regard lo a problem on Acoma and she had an answer within a two hour timeframe. So she applauded that. (ii) Council Member Bradshaw : I. She said on the 4300 and 4400 blocks of Logan. from Logan to Clarbon. seems to be a gathering place for young people, not from our area. from Denver and all over, with a lot of W1SUpervised youth on the streets after midnight and there is speeding. Ms. Bradshaw wondered if some of that vandalism isn't a result of those young people traveling 10 and from. since that is the 4100 block of South Clarkson . She stated that last weekend was horrible, jUSI horrible ... ii was almost like a riot. She said she was at a picnic at a friend's house and she fell ii was so scary . She said she just thinks that needs lo be addressed. 2 . She advised she was asked by one of the high school students if City Council would be interested in taking out 'Ill ad in the yearbook . She said she thinks that would be son of a good use of Council's money. a half page ad or something like that. She said she didn't know how Council fell about that, but they do have money in Aid to Other Agencies and she thought that would also show students we an: supponing that. She asked how they should do it. City Manager Scars advised they can do ii by motion or jUSI direct him to take that account and work with it. Council Member Bradshaw uid okay and Council conc:urred . She advised him llial Judy Cox is the sponsor at the high school . l. She said that one of the teachers from Bishop was Idling her how they an:. apparently, losing people out of that neighborhood. who move into different houses and things like that. And Iha&. she noted. is really a concern they have. that there might be 100 many muls. Ms . Bradshaw said she told her there are other alternatives for some families. She said she gave a heads up to the Housing Authority that there are Project Build houses and things like that, that people mighl not know about. because they are not in thal loop . So Englewood Housing Aulliority is going to be asked 10 have a table al Bishop Back to School Night. Ms . Bradshaw said she thought that was a good way to deal with it. 4. She asked whal happened in Sheridan. Director Simpson advised Iha& Sheridan City Council considered the exemption tonighl and llicy did deny it ... 7-0. They indicated that there was not sufficicllt criteria lo grant ii Wldcr an Wlduc hardship and that ii did affect public inlcrcst. He liBid the imponanl thing to note is that is was denied as an exemption. but they will still move forward on a PUD . So the applicalion for l'C7.oning will come forward and we will have lo consider how Iha& moves. we will monitor thal and we will definitely have to go and fight and speak against ii in 1csaimo11y . Council Member Bradshaw ltalCld they arc more than wi lli11g to do that . She thanked Director Simpson. (iii) Council Member Clapp said that as she looked through her packet , balled on the conversation they had in the last Study Session. that she was wider the impression that Governor Roy Romer was invited 10 lead Ilic parade through Ilic Parade Co11u11incc and there was not a consensus vote of Council taken . Ms . Clapp staled she was a little taken back by this lcncr that has all of Council's names on ii and is on Council's lettc:rhead. when w for one would definitely not suppon that He is definitely not somebody she would look al as a role nlOdcl. she said . Mayor Bums ad\'ised that Governor Romer has already declined anyway . as he is not going to be available. Mayor Bums explained llllll he conlaClcd Alex Habc11ich1 and said he undcrslood the Parade Committee would like Governor Romer lo scn-c a11d asked if she would like for him to write a letter on behalf of the '' •, • • 0 - • En&lewood City Counc:il September 8, 1998 PaseH • • • committee . He was 1old yes and so Mayor Bums wrole 1he letter. Mayor Bums staled he understood Ms. Clapp's poinl bul lhal Governor Romer has declined . he is nol going lo be in lhe parade. Council Member Clapp commemed lhal ii gave 1ha1 impression and she cenainly didn'I wanl to get wrapped up in lhat. Council Member Nabholz advised lhat she also did not approve of Governor Romer being grand marshal . She said she lhought in lhe past wc h.1vc steered away from polilical heads and cvidenlly lhat has now changed. She said ii is her own personal opinion lhal lhc years Austin Gomes gave to that parade associalion ... that she secs no problem with Mr. Gomes being the grand marshal . She pointed oul that he worked very hard for many years. let him be grand marshal . Council Member Bradshaw said 11181 she had suggeslcd a polilical person. Betty Ann Dittemore, for her service on the SIBie and Arapahoe Counly level. as a possibilily loo. Because, she opined. that would be a nice way lo lhank someone and her hcallh isn'I very good righl now. Council Member Habcnichl advised ll1a1 she will lake all of 1hosc names 10 lhe Parade Committee. Council Member Clapp said she would ju.~ caulion 111111 in lhe past wc have stayed away from polilical figures. for obvious reasons . She staled she thinks thal is a good policy and wc should oonlinuc it. Even 8ctly AM Dinernorc. Council Member Bradshaw asked. Ms . Clapp said she thinks so. lhat she thinks they would be opening lhe door and if you open lhe door, you open lhc door. Counci I Member Habcnichl said she just wanlcd to say SOIIIClhing. having served on the Parade Committee for a number of years. as lhc Council reprcscnlalive on lhe Parade Committee for lhe last six or seven years al least and knowing a 101 of people who have given I lot of lime and elTon lo 1he parade. She noted thal lhe polilical piece:. jusl lo clarify I.hat. lhal lhe Parade Co111mittcc slill has I sense lhal lhis is not 10 be a polilical parade. She advised that decision was based on whether or not people oould campaign in lhe parade. like having one of lhe candidalcs have a noa1 in lhe parade. as they do in Wcstem Welcome Weck. Each year ii is rcvisiled and ii has been strongly fell , by the Parade Committee, 1haa they have swcd they do not wanl 10 be polilical . Bui as far as having polilical people involved or who you arc going to have as grand marshal and what have you . in the past we have had all of the mayors who have served in lhe Cily of Englewood and llicrc has been rca,gnilion of people who arc in office and. she pointed ou1 . wc have always, traditionally ... and she fell Ann Nabhob. oould verify lhis ... invited our SIBie scnaior, our Slale rcprcscntalivcs. which Lauri Clapp mighl be one some day . and our RTD rep. 10 be in lhe parade. Thal, she staled. has been a>nlinual within the lradilion of 11181 parade and no one has ever questioned ii unlil just now. Council Member Clapp Slaled 1ha1 in lighl of some of lhe things llial have laken place within lhe public press, that she fell ii was highly inappropriale ... lhal individual . And. she said. she docs not believe thal if that person were not gO\'Crnor lhal pcrs.>n would have ever been invilcd. She said let us not forget the fact lhal he also heads up lhe Na1ional Dcmocralic Pany , he is head of ii . Council Member Bradshaw said that she understands llial. (i v) Council Me mber Waggoner : I. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO GO INTO EXECUTIVE SESSION RIGHT AFfER THIE MEETING. Motion carried . Ayes : Council Members Nabhol z. Br.idshaw. Habcniclu. Waggoner. Clapp, Bums Na ys: None Absen t Council Member Garren ' . ' .. • • 0 • • En&kwood City Council September I, 1991 Pace ts • • • 2. He said that. in the report on die project stalus for lhe developmenl plan. he noliced down there on the on-going projc:ct maintawicc and operation thal Ibey were lalking about the common area mainlmance agn:emelll. But they referred to just a common area and he was not sure that will suffice. in his mind. He opined it should include. not only the common areas. bul something should address the buildings, 10 make sure all or the buildings stay in good repair. He noled 11181 he is not sure how we should address 11181. but he just though! ii should be part or 1he overall plan to make sure thal the buildings stay in good repair, in addilion to the common areas. (v) Council Member Habenicht: I . She noted there wu a comment about the property al Dart-.dl and University having a lot ol weeds and lhildes tll8t blow into people's yards. She said she just thouglil imybe somebody should take note ol tblt. 2. She said she just wanted to indicite that slie had a call from a citizJcn who had occasion lo have to call the graffiti hotline and slie just wanted to call to say that slie was very impn:sscd and pleucd with the response thal slie gol. Ms. Habenic:hl said she just wanted 10 .. ss 1hal on. 3. She said slie just wanled lo share. as they wen: talking about pll1isat stuff" with the ...-, tbal the parade is supposed 10 be whole bunches or fun and lhe just wan1ed to make sure that ii conlinues to be that. Also. she wanted to share. for the record. lhat the person on 1he Parade C-ommittce. who offered the - of lhe gO\-emor to be the pand marsbal. is a genlleman who 1an as a Republican for the Dillrict 3 position. He is a Republican and has been a R.eplblican c:adidate and he fell that this wu beyond partian polilics. Council Member Habenichl said lhe -.ted to ~ tbal on behalf ol lhe a,mmittce and on behalf of Mr. Beaver. who wu a rme candiclale for the HoUle Diltric:I l . 13 . City Muqer'a Repert (a) City Manager Sears said he wu advised Friday afternoon thal Pauletta Puncerelli had a heallhy. happy baby . He said he wu involved wilh the news media II lhe lime and he failed to find out if slie had a girl or boy. Council adviaed that lhe had a girl. 14 . City At10ney'1 Report City Attorney Brotzman did not have any matters to bring before Council . IS. Adj111u11-t RNS MOVED TO ADJOURN . The meeting adjourned al 8:47 p.m . . . • • 0 • -• • ·"'· - • • 0 ·- - • .. News You Can Use A brltf update on City happenings • • • From : Leigh Ann Hoffhines on 09/10/98 10:30 AM To: IAII E-Mail Users cc: Subject : NVCU Hta'• what blPPtotd at tbt lfldll'DMC f, JHI City CouncH MNlinq: Noo::SdJtdulld Ylll1ml -Frank Miner, Chris Milner, Ray Berlin, and Philip Nearing spoke regarding the Newcomer Mortuary Planned Unit Development -Lester Myers and Brian Bleile spoke regarding police enforcement Commynicdqns. Prodamatlgna. and AppqintmpJ11 -Council accepted Denise Lombardi's resignation from the Englewood Firefighters Pension Board -Council iuued a proclamation declaring the week of September 17-23 aa Constitution Week Cgy,cl IPPmYt1' lbt fplowina Mt for QrdiJlocll PD flm mr!tne -Council Bill 53, approving Southgate Supplement No. 138 -Council Bill 51 , approving I License Agreement for a six inch water line at Bites and Emerson -Council Bill 50, approving I License Agreement with Daniel 8roat for encroachment of I blm in 1 water main easement right-of-way -Council Bill 52, approving I City Ditch Easement for the First Church of Christ, Scientist at 3701 So. Logan StrNt Cgyncl IQIKOYld lbt folowina M for m Qrdinanct III HGPOd fflldtne -Council Bill 48, approving the ule of the Depot Building to the Englewood Historical Society under an installment contract Cgyncl flllcNd lbt falowlnA -for ., OrdiJloct -Council BiN 55, approving the Newcomer Mortuary Pl...t Unit Development Cgyncl tpprOytd lbt folowjna ftualutlpna -Resolution approving the affiliation of the Old-Hire Firefighter Pension Plan with the Fire Ind Police Pension Auociation IFPPAI -Resolution approving the affiliation of the Old-Hire Police Officera Pension Plan with the FPPA Pleaae share this information with people who might be intereated but don't have e-mail . If you have any questions, commenu. suggestions, or items you'd like me to include in upcoming editions, please call . If you'd like to be excluded from the News You Can Use distribution list. call me, Ind I'll remove your name from the list. Thanks -Leigh Ann 1762-23161 . ' • • 0 . . ·, • . :~ • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL TUESDAY , SEPTEMBER 8, 1998 7 :30 P .M . 1. Call to order. fJ: 'f'/ ~ 2 . Invocation . /)~ 3 . Pledge of Allegiance . ~ 5. Minutes . ~ t;;° -Oa. Minutes from the Regular City Council meeting of August 17, 1998. ~ 6. Scheduled Visitors . (Please limit your presentation to ten minutes .) a. Mr. John Bric present to address Council regarding a Utility project taking place inf 1s property (3072 W . Monmouthland about concerns he has regarding stomer service. kl A-15 Al ()Y-~R£-SEJJ r mf'P ~ tHt: "1£b-1AJt:, ,fr 8;0? f.~. 7 . N~·Scheduled,,.· rs . (P~ lin;iit ypulsentation to five minutes.) ~. F~~IIJ;_ Ii ~ ~; 11,1 ) 4(, ~J Ar /Ll)l:R_~ ~: ~1!:fJA iu~~-J-: fLJ~Et'ii-L1. ft: I/ti 8 . Communicalfori§, rocfimafio~'fffi'pp intmetfts . Ii.Nd /_ -O a. Letter from Deni~2~cating her resignation from the EngleWOOd Firefighters -rr-" fP Pension Board . Of(4?-ob . 9 . i. /0 4.. /~ i1~ )Ii 'f //) COUNCIL BILL NO. 53 • Recommendation from the Utilities Department to adopt a bill for an ordinance approving Southgate Supplement No. 138 . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. PleaH note: If you have • dlaablllty and need auxlltary •Ida or Ht'Vtces, ..._ nollfy the City of !r.glewOOd (303-762-2405) at .._,.., houra In lldvance of when HrVlcea are Meded. Thank ,au. .. • • 0 , I • • • • • Engl-ood City Council Agenda September 8, 1998 Page2 b. ii. COUNCIL BILL NO. 51 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving a License Agreement for a six inch water line at Bates and Emerson . STAFF SOURCE: Stewart H. Fonda, DINC:tor of Utllltles. iii. COUNCIL BILL NO. 50 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving a License Agreement with Daniel Brost for encroachment of a barn in a water main easement right-of-way. STAFF SOURCE: St.wart H. Fonda, DINC:tor of UIIIIIIN. iv. COUNCIL BILL NO. 52 • Recommendation from the Utilities Department to adopt a bill for an ordinance approving a City Ditch Easement for the First Church of Christ, Scientist at 3701 So. Logan Street. STAFF SOURCE: Stawart H. Fonda, Director of UIIIIIIN. Approvprdinances on Second Reading. ii . solutionsand~~ -/()~/v-ii mmendation from the D~ Financial Services to adopt a resolution approving the affiliation of the Old-Hire Firefighter Pension Plan with the Fire and Police Pension Association. STAFF SOURCE: Frank Gryglewlcz. Director of Flnanclal Services. Recommendation from the Department of Financial Services to adopt a resolution approving the affiliation of the Old-Hire Police Officers Pension Plan with the Fire and Police Pension Association. STAFF SOURCE: Frmk Gryglewlcz, Director of Financial S.-.iceL 11 . Regular Agenda. a. Approval of Ordinances on First Reading. i. APP'O 8-0 IIRADSHAW MOVED TO REJECT THIS ISSUE BECAUSE IT WASN'T APPROPRIATE TO IE UNDER THE Pl.ID COUNCIL BILL NO . 55 • Recommendation from the Department of Neighborhood and Business Development to adopt a blH for an ordinance approving the Newcomer Mortuary Planned Unit Development and to set a public hearing on this matter for October 5, 1998. STAFF SOURCES: Robart Slmpaon, Director of Neighborhood and 8U8lnNa Dewlopment and Harold J. Stitt. Senior PlanMr. b . Approval of Ordinances on Second Reading. {J1df '5l._ 1 1 _ i. Council Bill No. 48, approving the sale of the ~~~~ to the Englewood · 6ff(). crO Historical Society under an installment contract. / /~ c. Resolutions and Motions. ,)!J' 12 . General Discussion. a . Mayor's Choice. b . Council Members' Choice. 'ff'~-,{) ~U.. /#bf &,I} -ro qt) IIJiO e « r~ $£.SflMJ ffla ~ PINN nol9: If you haw a dlublllty and nwl MDdllary alda OI WftDU, pleMe nalllJ .. CIIJ ol ..... ood (303-712-2405) at INat 41 hcus In ---of whan Wlloee .. ......._ T'-* you. . , • • 0 ]- ]c=z- • . ' Englewood City Council Agenda September 8, 1998 Page3 •, 13. City Manager's Report. • • • (, a. Engl~Update. 14. City Attorney's Report. Adjournment. 8'.' l/ 1 !*'-- •• The following minutes were transmitted to City Council between 8/14198-9/3/98: • EnglewOOd Board of Adjustment and Appeals meeting of July 8, 1998 • EnglewOOd Code Enforcement Advisory Committee meeting of July 15, 1998 • EnglewOOd Cultural Arts CommiSSion meeting of August 5, 1998 • EnglewOOd Liquor Licensing Authority meeting of August 5, 1998 • EnglewOOd Non-Emergency Pension Board meeting of April 14, 1998 ,- • EnglewOOd Non-Emergency Pension Board telephone poll of April 22, 1998 • EnglewOOd Planning and Zoning Commission meetings of August 4 and August 18, 1998 • EnglewOOd Public Library Board meeting of July 14, 1998 'I •. .. -,,, • • 0 • -• 0 t• • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL TUESDAY, SEPTEMBER 8, 1998 7 :30 P.M. 1. Call to order. rJ: 'f'/ .,,.,._, 2. Invocation. /}~ 3. Pledge of Allegiance . ~ 5. Minutes. /Jf)µt.; -oa. Minutes from the Regular City Council meeting of August 17, 1998. ~ 6 . Scheduled Visitors. (Please limit your presentation to ten minutes.) a . Mr. John Bric present to address Council regarding a Utility project taking place in f 1s property (3072 W . Monmouth land about concerns he has regarding stornerservice . VA'S Jlor r~r f!Llfp ~ tHE.. lflt.E.:r11Jr, ,tr 8:0, l•AI. 7. 1:~tti~· -~("'1,'1'it ~r ;;;t;,~~~~utes.) . it: '/ZffJA : .'Hft..1,,t&1~ it: //(I 8 . Communlcalfooi, , ntments. ~ 1_ -O a. Letter from OeniSfj~ indicating her resignation from the Englewood Firefighters 1 ,-.. ¥1 Pension Board . #~ (UlnJ '--Ob. Proclam~on declaring the week of September 17 through 23, 1998 as Constitution vrr,-II Week. //~ 9. Public Hearing . (None scheduled) Jr 10 . Cons~~~e~dJ:. , t,- CJ.pfi U-O a . llJ A'fr/t~Wf,~rst Re~ /() 4.. /~ i;~)ii 'f //) i. COUNCIL BILL NO. 53 · Recommendation from the Utilities Department to adopt a bill for an ordinance approving Southgate Supplement No. 138 . STAFF SOURCE: sa..M H. Fonda, DINC:tor of UtllltlN. PINM nol8: If you have a dlublllly and need auxlllary alda or W¥lcea, plNN notify the City of !liglewood (303-712-2405) at INet 41 hours In actvanoe of ...... NrVlces .. l'INCled. Tlwlk you. ' •. .,, • • C - • • • • .. Engl-ood City Council Agenda September •• 11191 Page2 b. ii . COUNCIL BILL NO . 51 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving a License Agreement for a six inch water line at Bates and Emerson. STAFF SOURCE: St9wart H. Fonda, Director of UtllltiN. iii. COUNCIL BILL NO. 50 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving a License Agreement with Daniel Brost for encroachment of a bam in a water main easement right-of-way . STAFF SOURCE: Stawart H. Fonda, Director of Utlllties. iv . COUNCIL BILL NO. 52 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving a City Ditch Easement tor the First Church of Christ, Scientist at 3701 So . Logan Street STAFF SOURCE: Stawart H. Fonda, Dlr.ctor of Utllltles. Approval pminances on Second Reading. ~~,~..-~10~,-..,..ii t'v ~dation from the D~l"rtment of Financial Services to adopt a resolution approving the affiliation of the Old-Hire Firefighter Pension Plan with the Fire and Police Pension Association . STAFF SOURCE: Frank Gryglewlcz. Director of Financial Services. ii . Recommendation from the Department of Financial Services to adopt a resolution approving the affiliation of the Old-Hire Police Officers Pension Plan with the Fire and Police Pension Association. STAFF SOURCE: Frank Gryglawlcz, Dlr9Ctor of Financial s.r.1cea. 11 . Regular Agenda . a. Approval of Ordinances on First Reading. i. APP'O M IIRAOSHAW MOVED TO 11£.JECT THIS l8IUE IECAUSE IT WAatrT APPROPRIATE TO IE UNDER THE PUO COUNCIL BILL NO. 55 • Recommendation from the Oepa,trnent of Neighborhood and Buelneu Development to adopt a bill for an ordinance approving the Newcomer Mortuary Planned Unit Development and to Ml a public hearing on this matter tor October 5, 1998. STAFF SOURCES: Robert Slmpeon, Dlr.ctor of Neighborhood and ....._ Deil91apment and Harald J. Stitt, Senior Planner. b . Approval of Ordinances on Second Reading. rYliJ-g_~ 11_ i. Council Bill No . 48, approving the sale of the ~}!'f.'p ~ the Englewood -~ ~ r,-Q Historical Society under an installment contract. //~ c . RffOlutionl and Motions . .ff 12 . General Olscuaalon. a. Mayo(a Choice . b . Council Members' Choice . PINNIICll9: l,a11._a e1 tn,..aMN-,aldl••lf1111, ....... ~ .. ca,.,a41 6dNI (JOS-712-2«11) at ......................................... ,....,... . ' • • C • • • ~gl-OOd City Council Agenda Septembat' •• 1991 Page3 13. City Manager's Report. a. Engl~Update. 14. City Attorney's Report. Adjournment. 8:t/-'7 ~ The following minutes were transmitted to City Council between 8/14/98-9/3/98: • Englewood Board of Adjustment and Appeals meeting of July 8, 1998 • Englewood Code Enforcement Advisory Committee meeting of July 15, 1998 • Englewood Cultural Arts Commission meeting of August 5, 1998 • Englewood Uquor Licensing Authority meeting of August 5, 1998 • Englewood Non-Emergency Pension Board meeting of April 14, 1998 • Englewood Non-Emergency Pension Board telephone poll of April 22, 1998 • Englewood Planning and Zoning Commission meetings of August 4 and August 18, 1998 • Englewood Public Library Board meeting of July 14, 1998 PINN no1e: If you haw• aa,,..., and__.-, alda or• :ta,,, ....... no111y .. ca, o111 .... ooc1 (303-712-240&) at 1Nat 41 houn In..__ ...... ..._ .. ......_ n..k ,ou. • • 0 - • • • . ' AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL TUESDAY , SEPTEMBER 8, 1998 7 :30 P .M . 1 . Calltoorder. fJ: ¥'/ ~ 2 . Invocation . /)~ 3. Pledge of Allegiance . ~ 4 . RollCall . '5~ ~~~/~ 5 . Minutes . ~t;° -oa. Minutes from the Regular City Council meeting of August 17, 1998. ~ 6 . Scheduled Visitors . (Please limit your presentation to ten minutes.) a . Mr. John Bric present to address Council regarding a Utility project taking place inf 1s property (3072 W. Monmouthl.and about concerns he has regarding stomerservice . 1./"5 Por Fb.:sar f!Llfp UhU£I) tHE.. MU.,-11,)F, !fr 81)'/ f.lf. 7 . Ni·Sch.eduled'ii·sit~P~ IJ"n;i it ypulsentation to five minutes.) • ~ll.A-IJJ;. " ~ (IC ) 4(. ""~ "U.l}tlf!.~ . ~: '/Z:fJA ~~J: 1,JE'f1Jk1. ft: Ill! 8 . Communica'tfoi,§, ~.~lpp intme.fts . ~ 1_ -() a. Letter from Oeni~zi;..cating her resignation from the Englewood Firefighters 7r fl/ Pension Board . (UuiJ / __ 0 b . Proclam~on declaring the week of September 17 through 23, 1998 as Constitution v Tr" V Week . /I~ 9 . Public Hearing . (None scheduled) Jr 10.:_ Cons~~~e~d;':. , ~ °tJfd ~ Oa . IDA'fr,MMJl!,~irstRe~ /{) 4.-I~ i1~ifi 'f Ill i. COUNCIL BILL NO . 53 • Recommendation from the Utilities Oepar1ment to adopt a bill for an ordinance approving Southgate Supplement No. 138 . STAFF SOURCE: Stewart H. Fonda , D11'9Ctor of Utllltlea. P ..... note : If you have a dlublllty and need auxiliary alda or wvlcN, plaw nollfr a. Clly of Inglewood (303-712-2405) at leut 41 hours In advance of when Nl'VicH .. IINdecl. ThMk you. ' .. • • 0 -• ,, - 0 I• • Englewood City Council Agenda September 8, 1998 Pege2 b . ii. COUNCIL BILL NO. 51 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving a License Agreement for a six inch water line at Bates and Emerson . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. iii. COUNCIL BILL NO. 50 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving a License Agreement with Daniel Brost for encroachment of a barn in a water main easement right-of-way . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. iv. COUNCIL BILL NO. 52 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving a City Ditch Easement for the First Church of Christ, Scientist at 3701 So. Logan Street. STAFF SOURCE: Stewart H. Fonda, Director of Utllitln. Approvprdinances on Second Reading. ii . solutions and Mo~.--· /() ~ 1-"'I-ii mmendation from the D~Financial Services to adopt a resolution approving the affiliation of the Old-Hire Firefighter Pension Plan with the Fire and Police Pension Association . STAFF SOURCE: Frank Gryglewlcz, Director of Financial Servlcn. Recommendation from the Department of Financial Services to adopt a resolution approving the affiliation of the Old-Hire Police Officers Pension Plan with the Fire and Police Pension Association . STAFF SOURCE: Frank Gryglewlcz, Director of Financial Ser~. 11 . Regular Agenda. a . Approval of Ordinances on First Reading. i. APP'O l-0 IIRADSHAW MOVED TO REJECT THIS ISSUE BECAUSE IT WASN'T APPROPRIATE TO IE UNDER THE PUD COUNCIL BILL NO. 55 -Recommendation from the Department of Neighboi'hood and Business Development to adopt a bill for an ordinance approving the Newcomer Mortuary Planned Unit Development and to set a public hearing on this matter for October 5, 1998 . STAFF SOURCES: Robert Simpson, Director of Neighborhood and Busineu o.v.topment and Harold J. Stitt, Senior Planner. b . Approval of Ordinances on Second Reading. {)1#5!._J '·-Qi. Council Bill No . 48 , approving the sale of the De~~~~1g to the Englewood -6f'f i, Historical Society under an installment contract . / /~ c . Resolutions and Motions. ,Rf' 12. General Discussion . a. Mayor's Choice. b . Counci l Members ' Choice . ,.._ nole: •you.._ a dis bllly and need auxlllary .._ or •lftns, pllW na11fJ 11w Cly ol ........ (m-192-2405) al 1N1141 IIOln In advance of .... ..,__ .. ........_ Tlw* you. • . . ... •· • C ' - - • ~ • • ' ... ftllgl-ood City Councll Agenda September 8, 1"8 Page3 13. City Manager's Report. a. Engl~ Update. 14. City Attomey's Report. Adjoumment. 8:t/.'7 ~ The following minutes were transmitted to City Council between 8/14198-9/3/98: • Englewood Board of Adjustment and Appeals meeting of July 8, 1998 • Englewood Code Enforcement Advisory Committee meeting of July 15, 1998 • Englewood Cultural Alts Commission meeting of August 5, 1998 • Englewood Liquor Licensing Authority meeting of August 5, 1998 • Englewood Non-Emergency Pension Board meeting of April 14, 1998 • Englewood Non-Emergency Pension Board telephone poll of April 22. 1998 ,;- • Englewood Planning and Zoning Commission meetings of August 4 and August 18, 1998 • Englewood Public Library Board meeting of July 14, 1998 .......... : .,.... ..... ,., ........ ....., ........ .1111 ........... c:a, .......... (30l-712-240l) .............. ln ........................... ,,..,... • . .. • • 0 , __ -• - • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL TUESDAY , SEPTEMBER 8 , 1998 7 :30 P.M. 1. Calltoorder. (J: 1/f ~ 2. Invocation . /)~ 3 . Pledge of Allegiance . ~ 4 . Roll Call . 5'~ ~~t!l'ff J ~ 5. Minutes . fJ/}fJ <; -()a . Minutes from the Regular City Council meeting of August 17, 1998. ~ 6 . Scheduled Visitors . (Please limit your presentation to ten minutes .) a . Mr. John Sri present to address Council regarding a Utility project taking place in 1s property (3072 W . Monmouthland about concerns he has regarding omerservice. ~"5 J/()r r~r t!L.Jf P E.'1rUUJ tffE. 111u.:r1AJr, ,tr 8;0'! l·M. 7 . N~:5,~,'j.J:.ed~~i,fl ~p~•lj"it ~~rl;:;t;,ti;':~~~e minutes .) , i· '-Ii,~ ,. ~ ~..J · r,u_JJ'Jk ft: II (I 8. Commu~~,. ~a~'rnffp'p intfn';fts. ~ ~ J_ -O a . Letter from Deni~rza~cating her res ignation from the Englewood Firefighters -rr fl/ Pension Board . (UuiJ '-Ob. Proclam~on declaring the week of September 17 through 23 , 1998 as Constitution ,., rrv" Week. /I~ 9. Public Hearing. (None scheduled) Jr /Hui~ ~0:_0 Cons~~r~,:. ' -• ~~ J ~ ~U /0 L /~ iJ~iii 'f iv ---,.,-a. fl)~rstRe8'f~ ....... ...-- i. COUNCIL BIU NO . 53 • Recommendation from the Utilities Oepa,tment to adopt a biU for an ordinance approving Soulhgale Supplement No . 138 . STAPF SOURCE: lflllnlt H. Fonda, Director of U11111N. PINN noee: I you haw a dlalbllly and need 8lldlary aide or• wla 11, ..... noa,y ... Cly of ll••oocl (303-782•2405) at.._. 41 hours In __ of.._. ....... 11N11ac1. 11** ,au. • ...... . ' • . • • 0 I -• ,,,_ 0 I• • Englewood City Council Agenda September 8, 1998 Page2 b . ii. COUNCIL BILL NO. 51 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving a License Agreement for a six inch water line at Bates and Emerson. STAFF SOURCE: Stewart H. Fonda, Director of Utllltles. iii. COUNCIL BILL NO. 50 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving a License Agreement with Daniel Brost for encroachment of a bam in a water main easement right-of-way . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. iv. COUNCIL BILL NO. 52 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving a City Ditch Easement for the First Church of Christ, Scientist at 3701 So . Logan Street. STAFF SOURCE: Stewart H. Fonda, Director of Utllltles. Approv~rdinances on Second Reading. ii. solutions and Mo~~ · /() ~/ y-ii ommendation from the D~Financial Services to adopt a resolution approving the affiliation of the Old-Hire Firefighter Pension Plan with the Fire and Police Pension Association . STAFF SOURCE: Frank Gryglewicz, Director of Financial Services. Recommendation from the Department of Financial Services to adopt a resolution approving the affiliation of the Old-Hire Police Officers Pension Plan with the Fire and Police Pension Association . STAFF SOURCE: Frank Gryglewlcz, Director of Financial Ser.lc:N. 11 . Regular Agenda. a. Approval of Ordinances on First Reading. i. APP'O 1M) BRADSHAW MOVED TO REJECT THIS ISSUE BECAUSE IT WASWT APPROPRIATE TO 8E UNDER THE PUD COUNCIL BILL NO. 55 • Recommendation from the Department of Neighborhood and Business Development to adopt a bill for an ordinance approving the Newcomer Mortuary Planned Unit Development and to set a public hearing on this matter for October 5, 1998. STAFF SOURCES: Robert Simpson, Dll'Ktor of Neighborhood and Business Development and Harold J. Stitt. Senior Planner. b. Approval of Ordinances on Second Reading . {J1Jl--5l._J '--Qi. Council Bill No. 48, approving the sale of the D~~~~~g ~o the Englewood -~ r, Historical Society under an installment contract. / /~ c . Resolutions and Motions . ,)!J' 12 . General Discussion . a . Mayor's Choice. b . Council Members' Choice. PINN naa: • you have a dlublllty and !INCi auxlllary aide or• .1an, plew na11fr .. City ol Englewood (JOl-7U-240I) 81 INat 41 hours In advance o,...,. ..,._ .. MeC1ac1. T1'ank you. • . .. •· • 0 ' - • • • • • . • ' ~- 5nglewood City Council Agenda September 8, 1998 Page3 13. City Manager's Report. a . Eng~Update. 14. City Attorney's Report. Adjoumment. 8: t./ '1 ~ The following minutes were transmitted to City Council between 8/14/98-9/3/98: • Englewood Board of Adjustment and Appeals meeting of July 8, 1998 • Englewood Code Enforcement Advisory Committee meeting of July 15, 1998 • Englewood Cuttural Arts Commission meeting of August 5, 1998 • Englewood Liquor Licensing Authority meeting of August 5, 1998 • Englewood Non-Emergency Pension Board meeting of April 14, 1998 • Englewood Non-Emergency Pension Board telephone poll of April 22. 1998 • Englewood Planning and Zoning Commission meetings of August 4 and August 18, 1998 • Englewood Public Library Board meeting of July 1-4, 1998 ,,, - Plew..-:,,.,...,..•• tlltrandMadaadllly ... •-Aa,,,,.._...., .. ca,-,11111 wood (303-1'12-MOl)al ........... 1n .... o1 .................... 1-*,au. . , • • • 0 t --I -• • I• . • ' PUBLIC COMMENT ROSTER DATE: SEPTEMBER 8, 1998 NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FNE MINUTES. EACH PERSON SHOULD SIGN THIS PUBLIC COIIIIENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COIIIIENT. PLEASE PRINT - ,,,_ ..Jd~~L..Ei.~~~___'.'.:...!::\~~..!2.J~~~bL-......JJ~!...1 UUJ r~ Tt Qot,~fJ~~ • .. • • 0 , I - ]-- • ;- 0 t• . • ' (, ENGLEWOOD CITY COUNCll.. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Aapa 17, 19'1 l . Call te Order The regular meeting of the Englewood City Council was called 10 order by Mayor Bums at 7 :JS p.m. 2. ._.._ The invocation -given by Council Member Nabholz. 3. The Pledge of Allegianc:,e was led by Mayor Bums. 4 . Roll Call Present: Council Members Nabholz. Clapp, Ganea. Bradshaw. Habenicht.. Waggoner. Bums Absent : None A quorum was present AllO pram: City Manqcr Scan City Aaonicy Bniczmu City Clcrt Ellis Din,c:tar Foada. Ulililics Dired0r Ellerly. Public Works DiredOr SimpDI. Ncipbortloocl 11111 Businesl Dcvcl1111ment Director Black. Parts and Rec:rea1ion S. Mi.ta (a) COUNOL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES or 1111: Ill.CUL.AR MUTING or AUGUST J, 19'1. Ayes : Council Members Nabholz. Gama, Bradshaw. Habenichl. Wagoacr, Bwm Nays: None Abslaia: Council Member Clapp 6 . 1bcre MR: no scbeduled visilOl'I. 7. NN-ldle•alal Villlan (a) Alt Emiloa, S564 Soullt Lee SUeet, Lilllelaa. aid lie WIIIIOd IO C1111M before Coucil apiD 10 lqllll1 lllll lie is DIil ...... aay pnlllW ill llis dewlap Cad quasiw • A.drildc. He ad¥ilml be .-1110.. a-as--., ad lie ........ .., ...... _ ....... He explailled dim lie• a pnipoal before C.-.cil ad City .... Amlsic. l.-i ad E~ Mr. ~ ...S llley - 11m111-prableml ............. -oldie praoadwal .... He aid be ..... lie ... 0.. ' . -~ '' . • . ., •· I • 0 .... I • Eaclcwood City Council Auplt 17, 1998 Pa&e2 • 0 • Brotzman agreed here tonight that he will submit another proposal . He stated they arc not getting good clear answers, they arc not communicating, in his opinion. Mayor Bums suggested that maybe it is like the guy who prayed and prayed and said nothing happened and his friend said well maybe the .,iswcr was no . He advised Mr. Emison that they cannot ncgotiale his agreement from this dais every week . Mayor Bums said they have to rely on staff and Mr. Emison to wort on this and if he is going to present another proposal he should go ahead and do so and see if he can woit it out. He noted this is not before the Council as such at this point Mr. Emison said the reason he came before Council originally, and oontinues. is because he has not been getting what he a,nsiders appropriate answers from City staff. He said he gets decisions from them and code cited but it does not oonfonn to what their decision is. He noCcd he camc to Council and asked if be could present some of his issues to them . He said he thinks it is clear whal he is saying. Council Member Nabholz said she knows that our staff. every dcpanmcnt of our Slaff and herself has tried to work with Mr. Emison. they have laid it out in writing what needs to be done and what the City will and will not do and she thought it has been very clear. She advised Mr. Emison that she feels they have worked with him on every aspect of this. Mr. Emison said that of course . is what he is objecting to . He advised he sent to her the line for line ... Council Member Nabholz said she knows. that he has absolutel y burned up her fa~ machine with all the faxes, that she knows what he has sent her. Mr. Emison noted when they cite the Code and don't attach the Code and he finds the Code and sends it to her ... and he has some here . He said he can show her some examples. Council Member Nabholz advised that she is very much aware of what he is asking for and what we as a City have said wc will do and won't do . She advised Mr. Emison that she thought wc have staled what we arc willing to do and that every department he has oontacted and every individual has tried to work with him. She said she has tried to work with Mr. Emison. but when it becomes a demanding point ... that she thinks wc have made it perfectly clear. in writing, what and how we can work . Mayor Bums advised Mr. Emison that they urged him to oontinuc to work with the Slaff. (b) Roben Ohlson. I 7S.i Plum Valley Drive. Littleton. said that he wanted to rcaffinn, with the City of Englewood.. a right-of-way and casement for a roadway that he has held since 196S and. in specific, the surprise he got from the Denver Water Board saying they wanted to remove a bridge, which is pan of this right-of-way and casement . And with that. he said. ask the City to also become the govcmmcnl entity which would get a license from tl1e City of Denver's Water Dcpanmcnt in order to not tear down the bridge. Basicall y. there were a oouple of errors made . those two area,.were one of omission in that apparently the City did not have a license to use the bridge . nor to allow him to use . not to give him a ript- of-way and casement over iL and seoondl y there was an error in the survey of the roadv.-ay . which we have pretty ll'C II cleared up . Then Ilic most recent acti vity is at Highlands Ranch Boulevard and COUllly Linc Road. in which he gave up practically all of the casement except about five feet . which would be useful in his lease to a,ntinuc to use. as his lease says ... use it for passing on foot or with animals. vehicles. toads or otherwise. So . be said. his request is that the casement and right-of-way be reaffirmed and that tbc Cily apply for a license from the Dcn~'Cr Water Board. if they haven't ... maybe the City's records IR bcaer than their's ... and see if we can continue to use this partly historic and aged bridge. which is in very good llluipc . It has been used recentl y by the construction of Highlands Ranch Boulevard for heavy equipment. Secondly, Dr. Ohlson explained. it allows an access from his property to the H.ighlinc Canal Trail, wbicb is a recreational use and thirdl y it provides a seoondary access for winter time, because the road that Douglas County now has. that goes to his property ... they have not agreed to mainla.in it. In October lasl year, be said. they got snowed in twice Fonwiately. they were able to keep the little lane open and so ii has a value in three ways for him . • ... •· • 0 , 2 • Eapewood City Council Auplt 17, 1998 PaceJ • 0 • Mayor Bums noced that Dr. Ohlsoo bas been here before and it seemed to him that there arc some old issues being raised again and they c:amc through the Waler and Sewer Board the WI time or tlvough the Utilities Depanment Mayor Bums Slated that be. for one. cannot sit here and follow, rally. what be is saying because we arc going back tlvough the old ground. Without maps and lhings in front of Couocil, be noted. it is very difficult. Dr. Ohlson asked if Council would like for him to give them a picture. Mayor Bums said be thought they ba1fbceo through this before and be didn't know what this Council aJllld do It this moment. He Slated be would like to have this fihercd through the Utilities Depanment. because that is where all lhese issues have come before. And perhaps. be suggested. they can have the Utilities Depanment look at this again. City Manager Sears noled that he is nol at all familiar with this issue. being new here, but Diffl:tor Fonda aJllld make a recommendation and as the Mayor indicated it should probably go tlvough the Water and Sewer Board before coming back to the City Council. Council Member Waggoner said it seemed like there was some traded right-of-way though. al the time . Mayor Bums noted there arc a lot of issues involved in this and it gets a little complex . Council Member Waggoner commented that they probably just need a repon from Slaff. Mayor Bums said if there is something new here. fine. but if we arc going back through the same issues all over again. they need to know tbat too . Dr. Ohlson said that to his knowledge the issues arc all new. cvcrylhing else has been settled. He advised they went through a condemnation suit and the City of Englewood gave Highlands Ranch title to the road, Highlands Ranch gave it to Douglas County. which gives him what the judge asked for. which is vehicular aa:css into his propeny . Then be was surprised by the letter. and be sent a copy to Mr. Brotzman. saying lhal they wanted to tear down the bridge . Thal is his point tonight. Dr. Ohlson said. lhal be would rarher Ibey not tear down the bridge md perhaps the City would too . He commeoted thal it is conceivlble thal it is even an historical piece of how you cross the Highline Canal before 1900. that right~-way has been lbc:re for pretty nearly a I 00 years. Mayor Bums advised Dr. Ohlson that he was recommending that this be brought back to Council through the Utilities Depanment or perhaps through the Water and Sewer Board so they can better understand wbal be is proposing. He thought that would be very helpful to Council if Slaff would assist them on this question. 8 . Comaunicatioas. Proc:lamatioa1 ud Appoi•t-tl There were no commwlications. proclamations or appointments. 9. Public Hcari•& (a) COUNOL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO OPEN 111E PUBLIC HEARING TO GATHER CITIZIN INPUT ON A BILL FOR AN ORDINANCE AMENDING PAVING DISTRICT JI. Ayes : Council Members Nabholz. Garren. Bradshaw, Habenicht. Waggoner. Clapp. Bums Nays : None Motion carried and the Public Hearing opened . Director Esterly. dul y sworn. submiaed the Proof of Publicalion to the City Clcrlt and noted 1h11 this public bearing was properly advertised . He advised that Council paaed Raolution No. 40 oa Mardi 6. 1997 creating Paving Dislric:t No . 38 . The DiSllict wu formed for the purpoae of OOllllnlt1ioa ol improllemats of streeU and sidewalks during the summer ol 1998. The ClOll ol the iinpnwemcnts are ilUDded to be ;- •. •· • 0 , - • • Ea&lewood City Council Allplt 17, 1998 ••se• <, • 0 t • • UllCIICd against lhc: proper1ics that benefit from lhc: improvemenlS. On July 20• Council approwd amending lhc: ordinance rqarding Paving District 38 on first iading. Mr. Eslcrly stated thal this ordinance recreates and reestablishes Paving District No. 38, addresses lhc: actual aJSIS thal arc associlted with lhc: oonstruction of lhc: project and provides for lhc: assessment apinsl properties. This is lhc: second mp in re- aaling lhc: District and lhc: new scbedule is that we would baw: this Public Hearing tonigbl, August I,... and, be said, their inlCll is, -.ming that Council acts on this also lalcr this evening, that by Monday, September 21 • lhc: ordinance would be in full forte and dfect. That would allow us to award lhc: construction contract thal has already been bid and we can expect COIISIIUction to start shortly thereafter and we could complete portions oC lhc: Phase I construction yet this year and lhc:n go back again after lhc: winter and complele Phase II. He said be would be glad to answer any questions. Council Member Nabholz aslled if this is DOI included in lhc: COIICRtC Utility Program. Director Esterty said no it is not. that lhc: COIICfflC thal ~ the prices in this project is largely new concrete. concrete dlllt didn't exist befOR . The biggesl example oC thal is CMr on Pn:ntice by the park. The SIJ'eet is not fully developed and lhc:re is no COIICfflC at all there . No cwt,, guaer or sidewalk. Mayor Bums commented that our Concffle Utility is really for replacing existing concffle. Director Esaerty explained thal lhc: Conc:rcle Utility is intended for maintenance ROI for initial conmuction. Council bad no further questions or comments. Mayor Bums noted that no one signed up to speak al the Public Hearing, but he asked if anyone wanted to come forward and address Council. There was no one present to address the issue . COUNCU. MEDER aRADSBAW MOVED, AND IT WAS SECONDED, TO CLOSE THE NJauc BEARING TO CATHER CITIZEN INPUT ON A aD..L ,OR AN ORDINANCE AMENDING PAVING DISTRICT JI. Ayes : Council Members Nallholz. Gamllt. Bradshaw . Habcaic:lll. Waa--. Clapp. Bwm Nays : None Motion carried and lhc: Public Hearing doled. 10. Coa-t Apda (a) Approval oC Onliaancies oa Finl Radiaa Then: wen: no addiuonal items submitted for approval on linl iadiag. (See Age,. Item 11 • Rcplar Agenda.) (b) Appro\'ai oC Ordiunas oa Sccolld Rcadilts There were no additioaal ilcms IUbmitlcd for approval oa IKOlld radiat&, (See A,cnda Item 11 • Rcplar Agenda.) (C) COUNCIL MEMHR NAIHOLZ REMOVED II (c) (i) PllOM 1111 CONSENT AGENDA. COUNCIL MEMIIER WACCONIR MOVED, AND IT WAS SECONDED, TO Al'l'llOVI CONSENT AGENDA ITEMS II (c) (II) aN (Iii). ,. ~ • . • • 0 , ]- • 0 • .... E•&lewood City Council Aapst 17, 1998 PqeS (ii) EX1ENSI0N OF 1lffi CITY'S AUDIT ENGAGEMENT WI1H VAN SCHOONEVELD AND COMPANY FOR AUDIT YEARS 1998 AND 1999. (iii) CONTitACT Wl1lI ALL SEASONS TENNIS COURTS IN 1lffi AMOUNT OF $38,999.00 FOR TENNIS COURT RESURFACING. VoteraulU: Motion carried. Ayes: Nays: Council Members Nabholz, Garrett, Bradshaw, Habenicht. Waggoner, Clapp, Bums None (i) A conlr.lCt with Bun Chevrolet. in the amount of$69.S94.00, for the purc:hasc of a wort truck was considered. Council Member Nabholz stated she wanted to make sure this truck was equipped with air conditioning. Director Fonda said he wasn't sure. but he thought they were all coming in with air conditioning. Council Member Nabholz noted that they were assured they were all coming in with air conditioning. So, she said. she has no problem with this if ii is coming in with air conditioning. Director Fonda advised that if it isn't they will make sure ii is. But, he said. he is sure it is. Mayor Bums asked if they would have to change the bid if it isn't included. Direaor Fonda Slacd they would, but lhal he was sure it WIS included as they have all been ordered tbal way. City Manager Sears advised they would double check with purchasing to make they built tbal in with our specs. He asked that Director Gryglewicz make sure that purchasing focuses on air conditioning in vehicles. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE A CONTRACT WITH BURT CHEVROLET IN TH[ AMOUNT or $69~M.OO FOR THE PURCHASE or A WORK TRUCK. Ayes: Council Members Nabholz. Garrett, Bradshaw, Habenicht. Waggoner. Clapp. Bums Nays: None Motion carried. 11. Replar Apela (a) Approval of Ordinances on Finl Reading (i) Director Simpson presented a rec:ommeadalion from the Dcpanmcol of Neighborhood and Business Development to adopl a bill for an ordinaacc approving the sale of the Dcpo( Building to the Englewood Hisaorical Society under an inSlallmenl contnlCl. He no1ed lhal this item was pulled by Council last lime, due 10 the fact thal the Englewood Historical Societ y had -.: c:oaccras willl the sale. Those concerns have been addressed. he advised. specifically. the OOlllnd terms wbicb the Council had suggested. whicli arc no lcrm and no iNcrat, aad they arc ckarty undcnlood by the Englewood Hisaorical Society and they arc f111C with this. 11ley will pay ii back as they can, be aoted. Mayor Bums said he thought one other conccm of the Historical Society was that members of the Society WUled to make sure lhal they weren't individually liable. polClllially. in the future . Cicy AUomey Bl'OIDlal said lhal WIS correcl and that has bcca resolvat. Council Member Nabbolz advised lhal a couple members of the HillOrical Society OOlllaCted lier ... 811d dlis is jull clarificalion. ii has nolhin& to do with where WC arc • -willl the CXlllllaCt ... rcpnlilla clarificllicm of where the City's improvements Slop and where the Hitaoric:al Society impro~caau aat. SIie aid tbcy had. in there. the brick retainin& wall a11d brin&ia& in the nulnlad uacts and it was dlcir ...-. £111 dill ' ... •· • 0 f 2 - • • 0 - Ea&tewood City Council Allp• 17, 1998 Pa&e6 Ibey would sliU do that or was the City IO be part of that7 They wanted some clarificatioo of that. Director Simpson Slated thal probllbly, in reality. wc11 work vay closely together. But. he noted. he would say that the way lhis is a,nstructcd is that this SlnlClUrC is whal is being sold IO them and their value is going to be applied to that structure and that would also include that patio area IO the cast. But. he said, he would suspect wc will wort closely to_gcther as a team. The City Clert was asked lo read Council Bill No. 48 by title : COUNCIL BILL NO. 48, OIITRODUCED BY COUNCIL MEMBER HABENICHT A Bll.L FOR AN ORDINANCE APPROVING SALE OF DEPOT BUILDING BY 1liE CITY OF ENGLEWOOD TO 1liE ENGLEWOOD HISTORICAL SOCIETY FOR 1liE TOT AL SUM OF S76,000 UNDER AN INSTALLMENT CON'mACT. COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) -COUNCIL BILL NO. 48 ON FIRST READING. Motion earned. Ayes: Council Members Nabholz. Garrett. Bradshaw, Habenicht, Waggoner. Clapp, Bums Nays : None (ii) Mayor Bums Slalcd. regarding Council BiU No . 49, a bill for an ordinance amending the current agrccmcnt with Pro Putt. Inc .• that the City Manager has advised him that it needs some additional wort and lhcrc is a rccommendalion that that be pulled for now and brought back later. Council Member Bradshaw said that she also has a concern about the maintenance on that Mayor Bums noted that wc had a newspaper review of these facilities recently lhal he commented on. He said he thinks they have done a lia.lc work oo it. thal he took a look at it the other day . Director Black said he would be happy 10 answer any questions. He stated he knows lhcrc have been - a,nccrns about the maintcnancc. the upkeep. out lhcrc and staff has had discussions with Mr. Simpmn 111d he has been IOld Iha& Mr . Simpson has made some improvements in terms of signage and the peens. Mr. Black said that he can't give Council the specifics. but that be bas been told be has made some improvements. He advised that wa this item is brought back 10 Council for discussion. Mr. Simpson will be here 10 answer any questions Ibey have about bis facility . the a>nccrns. the newspaper article or whatever. Mayor Burns a>mrncnted they had cxprcsscd a a>nccm because the newspaper article certainly wasn't vay a,mplirncntary 10 this facility . And obviously. be said. that is not what wc like 10 sec in the press . Director Black agreed. Mayor Burns noted be looked al it over the wcckcnd a linlc bit and it looked like he made some imprlJ\'CfflCIIIS . Director Black said thal is right. that that is his undcnlanding. Council agreed to pull this item and Mayor Burns asked Dircaor Black when he might come back with it. Mr . Black said it is his hope that Ibey will have this back• either the fmt or second meeting in Scptcmbcr. Council Member Habenicht asked what the implic:atioa would be if Council doesn't ...-this. DirettDr Black explained thal ii has IO do with an item rclalcd IO insurance. U discussion U 10 whcdlcr WC ll'C talking about laking thal COil off the gross or olf the act or wbalcYcr. He advi9cd we ha\a't filllliml *- discussions yet Mayor Bums commented that it is a rather narrow a>ntract term wc IR talking about here . Direclor Bliek said yes ii is. ,, _ • . . , l'"6r . •· • 0 Eqlewaod City Council Aapal 17, 1991 .. , Mayor Bums thanked Dircdor Black . • 0 - (b) Approval ofOrdiJwlces on Second Reading "' - I • (i) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (i) ON SECOND READING. ORDINANCE NO . S4 , SERIES OF 1998 (COUNCIL BILL NO. 41, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AMENDING PAVING DISTRICT NO. 38, IN 11fE CITY OF ENGLEWOOD, COLORADO; ORDERING 11fE CONSTRUCTION AND INSTALLATION OF STREET PAVING, CURB, GUTlcR. SIDEW ALI{. AND STORM DRAINAGE IMPROVEMENTS TOGEllfER WITH NECESSARY INCIDENTALS; AND SE1TING FORIB OTHER DETAILS IN CONNECTION WITH 11-IE DISTRICT. Voteraults: Ayes: Council Members Nabholz. Gam:tt. Bradshaw. Habenicht. Waggoner. Clapp, Bums Nays: None Motion carried. . .... Mayor Bums said this brings us 10 items 11 (b) (ii). (iii) and (iv) which is second reading on three items lhal ewlved from Projccl Build and the Historical Society and the Housing Authority . He swed lhal as he did last time, since he is the Council rq,rcsclllalive on lhe Housing Authority, he will abstain from voling and discussion on lhese three items. Mayor Bums said he would leave lhe dais and tum this portion of the agenda over to Mayor Pro Tem Habenicht Mayor Bums left lhe dais (ii) COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 {It) [u) ON SECOND READING. ORDINANCE NO. SS , SERIES OF 1998 (COUNCIL BILL NO. 4S, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE APPROVING 11fE SALE ON 11fE OPEN MARKET OF A PROPERTY, WHICH WAS DEVELOPED FOR 11fE "BUILD" PROJECT. Council Member Bradshaw advised Iha! she has been on lhe phone today with some people who adjoin lhal propeny . Apparen1J y. she said. lherc: is some p:iffiti on lhal property and some weed problems. So lherc: is some concern there . Ms . Bradshaw noted lhal she knows ii doesn't have a thing 10 do with lhe Council Bill. but her concern is Iha! property has _, of jusl been left to sit and go to ruin. She pointed out lhal lhe weeds, when she went out lherc:. were well above what our Code Enforcement Ofriccrs would lolcral.c . City Anomcy Brotzman advised lhal a C1011CC111 of the purdlam is lhcy have a doling dale Id and lhcy would like IO Ft in lherc:. He llllled Ibis is• cx-,olic:c officer and obviously he would like IO be pr-.. • lhe sile so he could lake care of the paffiti. IMC care of lhe weeds and IMC conuol of lhc property and 11op !hat. Council Member Bradshaw Slid lhal was ,ood. VoCeraalts: Ayes: Council Members Nabholz. Gama. Bradshaw. Habcnichl. Wagoacr. Clapp ...... •. •· • f ]- • • • Eapewood City Council Aupa 17, 1998 ··~· Nays : None Abstain: Mayor Bums Motion carried. (iii) COUNCU. MEMBER NABBOLZ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 {II) (iii) ON SECOND READING. ORDINANCE NO . 56, SERIES OF 1991 (COUNCIL BILL NO . 46, INTRODUCED BY COUNCil. MEMBER BRADSHAW) AN ORDINANCE APPROVING PURCHASE, UNDER CERTAIN TERMS AND CONDmONS, OF 11fE DEPOT PROPERTY FROM ENGLEWOOD HISTORICAL SOC:IE1Y . Motion canicd. Ayes : Nays: Abslain : Council Members Nabholz, Gam:u. Bradshaw. Habenicht. Waggoacr, Clapp None Mayor Bums (iv) COUNCU. MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (II) (iv) ON SECOND READING. ORDINANCE NO . S7 , SERIES OF 1991 (COUNCIL BILL NO . 47. INTRODUCED BY COUNCil. MEMBER BRADSHAW) AN ORDINANCE APPROVING EXCHANGE OF CITY-OWNED REAL PROPERTY FOR REAL PROPERTY OWNED BY ENGLEWOOD HOUSING AUTHORJlY UNDER CERTAIN TERMS AND CONDmoNS. Nays: Abslain : Motion carried. Council Mcmbcn Nabbolz. Gama. Bradshaw. Habalidll.. w...-,. Clapp None Mayor Buras . .... Mayor Burns raumcd to lhc dais. He thanked Mayor Pro Tcm Habcaicht for chairing that ponioa oCdlc meeting. ( C) Resolutions and Molions (i) A rec-a dMNI!! from die Adaiaislnlivc Scrvica Dcputmcnt to adopt a resolution cllablishiag employee ca •IF i rns:W-for 1999 -Clllllidaed. The raolution was assigned I ___, aad rad by ride : RESOLUTION NO . 11. SERIES OF 1991 A RESOLUTION APPROVING COMPENSATION PLANS FOR.11E CITY MANA<Et. 11E C1Y A ITORNEY . 1lfE MUNICIPAL rut>0E. DIRECTORS. MANA<EIUAL, SUPERVISORY, CONFIDENTIAL,UNCLASSIF1EDANDPART-11MEBENEFITS-l!LIGIBLEEMPI.OYEESOF11E CITY OF ENGLEWOOD POil 11E YEAR 1999. • . ... ... • • 0 ' -' . ..,, , , - - • l.•ckwood City Council A•pll 17, 1998 '•' • • • COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SI.CONDI.D, TO APPROVE AGENDA ITEM 11 (c) (i) -lll.SOLllTION NO. D. SI.RIES or 19'1. Ayes : Council Members Nabholz, Gam:tt, Bradshaw, Habenidll. Wagoner, Clapp, Bums Nays : None Motion carried. 12 . Geaer111 DilCIIUioa (a) Mayor's Choice I . Mayor Bums advised tbal the Olde Tymc Fair is this weekend • Miller Fidel, both Saturday and Sunday. He said he will be there Saturday to help kick that off and he encouraged everyone to go. 2. Mayor Bums staled that the Malley Center has a picnic on the 20• and recognition of volunteers OD lhc 2s•. He said he undcnlands some of the Council members have volunteered to appear at that He said he thinks he can make the pialic, but he may not be able to make the volunteer celebration. 3. Mayor Bums commented that he thought the Business Appreciation Breakfast. last Thursday, went very well . He noted we had four members of Council there, Council Members Nabholz, Bradshaw, Habenicht and himself. Mayor Bums conpulalcd the Neighborhood and Business Development Department for the wort they did and An Scibdli cspccially did an awful lot of work on that, and Bob SimplOII. Mayor Bums opined that we have a very good rdalionship with both our retail and manufacturing communities who were present • that breakfast and there seems to be a good fccling of suppon for the Cindcrdla City project. 4 . Mayor Bums SlalCld dlll --is our demolition cdebnlion • 10 :00 a .m. He CIIClllllnpd everyone to be there and noted tbat of coune the public is iavilcd and the staff'. He noted ii mould be a lot of fun . He said it will rcaU y kick olf the demolition phase of the Cinderella City project . S. Mayor Bums coagrlbllalcd Lauri Clapp OD bcr victory in the Primary, for the Republican Party iD District 37 . 6 . Mayor Bums c.onunmcd that the Oorclcent yellow and p,cn scbool crossing sips. waming signs. that have been put up arc really very obvious and be tllii*s they aR cxcdlmt. 7. Mayor Bums advised dlll Friday be will be a& the Gow:raor's Mansion for a balt,ccuc to accepl a Sman GroMh Awsct for the Housiaa Privalc Activity Boad Prog,am. He said the Mebo Mayor's Caucus is receiving one of thole awanls. wbich they aR very proud of. He said it will be his honor to be therc to aa:q,t that. (b) Council Member's Choice (1) Council Member Nabhol z: She said sbc would also like to coagntulatc Lauri Clapp. 2 She dlallkcd Ncipboltiood and S.-Devdopmcnl. An Scibdli and Bob SimplOll, for the e.i-. Appra:ialioa 8rcakfalL Ms. Nabllolz said she thoupl ii .. very aicely aacadcd. 3. She advised that Salurday she lllaldod a NEON , a acipboltiood orpaiz#ion IWblll, they liaYC aalCd tllll back up apin. '1"heR .. a billc deconling contaa. a billc race for a-tidlm al Rockiel tidlm. Some of our olficcn lllawcd up dleR. she aid. and actMly panici.-,d iD wMCr ftpll widt die kids al judpls the billc rxa aad ~ the best decoraled bicycle. 111 it .. a lua ~ for aD. • ·-' ' •· I • 0 ] • f.a&lewood City Couacil Aaplt 17, 1991 PqelO • 0 • 4. She said she would also lillc to elm* Ladd Vosuy, Rick Kabm and Mark Graham. Ms. Nabbolz advised !hey bad a mcct.ing lasl 1bunday aa the Library with die neipbon lhat are ooncemed over the Dartmouth lraffic issue and lbings are Slarting to come ..... on tbal. She thought the next piece. aca,nling to Lieulcnant Knoll is cnforccmeut as to bow Ibey can wort lhat in. s. She said she would like to know where WC Slalld in addressing Barbara Fout's letter that she pm in all their packets last weekend ... and one was dropped off at her home ... regarding the City ditch. Mayor Bums SlalCd that he spoke to Dan Brotzman this morning about that. He said he undenlands lhat lbe has DOI gone to Stu Fonda with that yet. she went dira:tly to City Council . Diredor Fonda advised tbal he hasn't gotten back with her yet He said she tallcd and dal they went out and investigated and Ibey are going to giw: her a proposal that !hey think might wort ... where wc could put in some piping on pan of her property to pro1CC1 the house that is below it and then !hey would pipe up to her property on the other side. Mr. Fonda Slated !hey haven't discussed this with her yet because he thinks lbe has gone on vacation or something. Thal should work, he said, but if it does continue to leak dal wc would obviously have to pipe it, but wc will try everything wc can to avoid piping it. because it is an amenity in her baclcyard.. (ii) Council Member Garrett: I. A resolution lillppOf1ing the choice of the Englewood Enviroamenlal FOUDdalion and Miller/Weinpncn as to a raideatial developer for the Cindadla City site was considem1. !Clerk's .-c: This resolution was lisud as 12 (b) (i) on the AFnda-1 lbe raolulion was assipcd a number and read by title: RESOUJTION NO . 19, SERIES OF 1991 A RESOLUTION SUPPORTING rnE CHOICE OF rnE ENGLEWOOD ENVIRONMENT AL FOUNDATION AND MIU.ER/WEINGARTEN AS TO A RESIDENTIAL DEVELOPER FOR 11iE CtNDERELLA Cln' sm;:. COUNCO.. MIEMKR GAIUlElT MOVED, AND IT WAS SECONDED, TO Al'PROVE USOLUTION NO .... SIERl£S or 19ft. COUNCIL MEMBER CLAPP MOVED TO AMIEND RESOLUTION NO. 19 TO SPIECIFICALL Y PROBalT ANY FEDIEllAL MONIEY OF ANY KIND, INCLUDING Sua51DES FOR RENTS, ONLY PERTAINING TO TIIIE HOUSING COMN>NIENT OF 1111 CINDERELLA CITY DEVELOPMENT. Council Member Clapp asked if anybody bad any questions, if Iba& was clear whal she was !lying to ,cc • here. ~UNCIL MEMHR BRADSHAW SIECONDIED TIIE MOTION. Mayor Bums said he bad a question. He SUled we are askil!I for Federal ~ for this patwia IIIUCllft. He asked if that is going to get involved in this • all. Couac:il Member Clapp said just the liausiD& a,mpoaenc . Mayor Bums COIIUIICllled that housing acods pa,tin&. he med if tllis FU • ialo dill -aa all Dircaor Simplon said he bdieva he uadcnlandl tbal thcR -CIOOCCnll dlll dlis ............ quality and he undcrands thal is the pl He llalCid tbal bis caly COIICffll is limply 11111 M do ac - • ,, - .. •· • 0 , - • ,,, -• 0 • • E•&lewood City Council Allp9'17,1998 •••• diffiaalty trying 10 figure out bow 10 make this whole pojc:ct come IOgelher al Ibis time. Mr. Simpsoa said be believes it is very unlikely lhal we will use any of these kinds of funds for that area. that be is just a,ocemed about precluding any options al Ibis time. If that is where the Council goes, be advised, they will make sure it works that way . Council Member Habenicht said ... please comet her if she if wrong ... that ii is her understanding lbal wbal this resolution is doing is saying that Council approves working on a development agRCmall wilb tbcse people. And not knowing whal might come out of lhal agreement. we wouldn't put in any kind of stipulation al this point, lhal we arc not laeitly approving or disapproving any agn,emeru that mighl OOIIIC to us, we arc just indicating our suppon of moving ahead with that. She asked if she is reading Ibis righl or arc we making some son of formal ~mcnl that we arc going 10 be doing something 1h31 she doesn't sec wriucn here. City Attorney Brotzman explained that Ibis was saying that you arc ncgotialing. but be thought what Council Member Clapp is looking for is ... ncgotialc it, but don't do it with any fcdcral subsidy. Ms . Clapp said that is right So, Mr. Brotzman said, dicR is an additional condition. In response 10 Council Member Waggoner. City Auomcy Brotzman advised that in negotiating the agrccmcm. one of the terms they would add is ... you may DOI use a federal subsidy at any time. now or in the future, on this projccl . Bui. Mayor Bums said. you arc not talking about the whole project.. Mr. Brotman SlalCd this is the Forest City component of the project . Council Member Bradshaw stated. even tllough she seconded the amcndmc:111 just for discussion purposes, as she thought it ~'3S something Council nccdcd to discuss. thaa she is going to have 10 vote againsl the amendment.. because she thinks the financing is so critical, especially on the residential component. She COIIIIIIClllcd lhal she spent the last rive clays helping a friend who is relocating to Denver. probably visiting 28 cliff"cmil apanmcnt complexes. and the majority were with fcdcral funds and she did not sec where dicR was a dclcriolation or anything in the quality. So. she said, she would have to \"Ole againsl Ibis. Council Member Habenicht llalCld that she WIIIICd to clarify for her Ga"D lbinking ... 1h31 when we do 00111C up with a dcvdopmcn& apecmcnl lberc stiU would be an opponuaily if 11111 was pan of ii or DOI pan of ii ... to eitber agra: or disap,:c or make ...,cailm ms• thal time. baled on Ibis issue . She asked if lbat was right. Couacil Member Gama said he would like 10 clarify dial, oaly bClc:aullc Council wiU 1101 do ay ncgociaaioas the Emironmaul Foundation is looking to the Couacil for pidana: on bow they wiU look al their aqDliations. But. be said. be thinks whal the rccommcnda&ion is. is lbat in our wisdom this is wbal we lhillk you 5bould do II is not binding. be noted. but they son of &akc our vn'JIOint as persuasive. Mr. Gama ad\'ilcd thal Council ~,u aot sec the de\'clopmcn1 a~ Council Member Habcnica. qucstiooed lhal they would not sec the development agreement al all. Council Member Garrett explained they will, but it will be lalc in the process . He opined thal if Council is going to do Ibis they should do it -. give them guidance-· Council Member Wagooc:r asked if Oood insurance is federally subsidized. Dim:lor Simpson said yes. Mr. Wagoner conunmted 1h11 whal Little Dry Credi; will cany is a 100 year saorm and there is aim wba1 they i:all a S00 yQI" llorm. whidi could very easily Oood thal whole property and you would ccnainly want, if available, some kind offload inannce. Din:ictor Si...,a advised that Oood UISUlllllCC is lbrougb FEMA. the Fcdcral Emergency Management Act.. Which. Mr Waggoner noted. is federal funding. Council Member Oapp staled they could exclude insurance. thal she is looking for COl1lrOI factors . She opined lhal the City should always maintain control of thal. Mayor Bums staled that be was allO l(ling to \'Ole against 11. He said be undcnUnds Ms . Clar,'s conccrn and ii is not the intent to build somcthing s11bl!dind that bis problem, as the Council rq,raentalivc oa die HousiDg Aulbority, is with ISIUIDina thal aytbina Iha& mipi hive a fcdcraI subsidy is aarandanl He cmphasind that things that the Housiq Aulbority llavc built hive -beca subllandanl s-o( die uni11 where they ba,-c had complai•s ... whcft you llavc Section I ICWIU. ror inslance ... are 11111 oned by the Housiag Aabority. He cxplainctl they are privaldy OWIICld and the whole idea oCSection I , ill dial rcpd, was 10 llavc people boUled in pri\'alC homes, iDSlald o( saanding the COIi of buildiDa public .. -• •. •· • C ' • ~ [ f [ [ i' I!f illi lifi '!!i!(i Ii ( flli!li[f[ liff !jf •1 I ~ J rf h1 11 f ,.I U!i' I ; I t r!!Jlhf ,I l!H a~ 1• 11 1 f II fl! J;f rl!J ~li•li 'f ( ~i~I~~'fif l]Il l 1 •ta, ifl i~• ~Ill !!,[ti Ir J!11J 1I 11 .1~1[ ~i, iii .. JJ 11! rll rla·r a f I,, i a' R' If ~r :l,1 t ~~rl ti 111' ~ ~ tfi .,,, ·u~J'' er pJr~al t ! 11·f . f ff l f rii i~r )!II h' V t r 111 hHil 11! rr; rr; · i 111 Ii!!~!; 1~llil I! r!l 11i[f! l1!i ff lf1 I if 1 fl( 111[ llilll 1 I 111l,r!i 1 i••~ ~· IJj ·1 J1I 111 tli! il'J·'l Ii !11!11111 Ill r t ·. ii' tH · tH 11lrll i i Hf if I 1' ii-' I t I ,ii f!I 11! Jfti!I i I ilti1fl!l ~,1 [ l~i · ~l, il~I· if 1!if~ t l ·11-Fi(}. ?'~I ~ . I .f(• I • , • 0 • I . . ., ' • • "' I • • Ea&iewood City Council Auplt 17, 1998 Pace u • 0 • Nays: Council Member Clapp Motion carried. 2 . A resolution supponing the August 10. 1998 Maslcr Plan proposed by the Englewood Environmmlal Foundalioa and. Milla/Wcinpneo for tbc Cindc:rdla City site was considered . !Cleit's 11ote: This resolution was listed as 12 (b) (ii) on the Agenda.I The resolution was assigned a ownber and R:ad by title : RESOLtmON NO. 90, SERIES OF 1998 A RESOLlITION SUPPORTING 11-IE AUGUST 10. 1998 MASTER PLAN PROPOSED BY THE ENGLEWOOD ENVIRONMENTAL FOUNDATION AND MILLER/WEINGARTEN FOR THE CINDERELLA CITY SITE. COUNCIL MEMBER GARRETI MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 90, SERIES or 19". Council Member Habenicht asked if this means that Council is tacitly approving everything that is on that development. City Attorney Brotzman advised Council is saying go forward with thal masacr plan tbal is on the agreemenl and negotiate with the people that they ideoliflcd. which are Sony and Wal-Man at this lime. Again. be said. the development agn,emcnlS will be coming back to Council. you will sec lbem, you will get to go over those. except what you are rcally saying at this point. is to go forward. these arc tbc people that you want to sec come to this site . Council Member Habenichl st.alcd that she bas DO problem with saying let's l1IO\'C abQd. we have been working together. let's sec where we go from here. but sbc doesn't want to be in a situatioa when: she is going to cli531"1C with _......i,. dial sbc ws comiag up laicr and all ol a IUddcn sbc bas pven a,ny ber ability to challenge sometbi• or to cbange .,.....bing by making a vote on. rally. IOllldbing tbat she bas nocbing to look at. Sbe said sbc jusl wanted to clarify dial. SIie asked what slle is aaaurg to here . City Allame)• Brotzmm staled dill slle is 11111 giving up ... ad tbe iaolulioa ac:tullly di about this ... ay p~ authority . Wllicb -dlal all ol the replalOly issues ...... bas. sbc keeps and sbc doesn't gh'C any of those up . For imlance. be advised. all tbe maing issues. dcsip issues and desip 51.llldards are going fint through Plaming and 1.aning. So they SCIC them and make R'Ol"lfDC'INla!ions upoa those. Those are coming back to COUIICIL Mr. Brotzman said. they never give those up . What they are sa)ing is that they are supporting the Environmental Foundation's plan thal is on this documcnl including. Council is Idling them to IJIO\'C fon.-ard with ncgot.ialions and finalize the negotiations with Sony and with Wal-Mart. 1boic ,.;ll be coming back to Council and Council will be making n,ques15 to make rccommendalions upon those agrccmeats in their final form ... but Council will probably be seeing them in a final form at thal tune . Council Member Habcnichl saalCd thal sbc would love to be able to -forward aad with evaydliag dlat comes up on this issue and the l°Cda'Clopment to be able to vote for il becallle libe is ,-cry supportft'C ol everything. Sbe said sbc is ,-cry supportive of a lol ol the coacq,ts. But. libe IIOled. die ponioa ol M ._ libe is not very supportive of and sbc would guess that it would be diff'ICUlt for her to Wale for this raolllliaa because of it. although sbc wants to be in Slf'Ollg support ol p,ing ahc:acl witll tbe IICfDli•ioe uying to do the very besl •e can. But 1f that is iacilly approving "hal be said. lben lbe is not so sure sllc can go~ and she would have to vote DO . Ma)·or Burns urged Cou11C1l to IIIO\'e ahead willl this resolution, that be tbinb it is vital 11111 we -allcad with our negotiations with the CIIICllla and Wal-Man. He pointed OUl tbal we really have -dcadlillcl 10 IIICICI with RID and be didn't dlink we could IIICICI thole unlal we nx,ve alad. Wal-Marl is. be ...... a source of sales &ax in-and dill -so much• far• the flMIICUII on tbil project is-.ned. He said be thinks the Council Im a pal deal ol conuol over Ibis project aa the praal time and will alllliaue • - ,,. - • • I· • C ' • bskwood City Cwacil Allpll 17, 1991 .... • 0 - to have lhal COllll'OI and it is time to mow: ahead wilb lbese negotiations to meet our deadliacs. Council Member Bradshaw <XIDCUll'Cd wilb wbal be said. Council Member Clapp S1alCd lhal Ille MIiied to say, far lbc rccant. lbal she does support Cinderdla City, dial Ille dlillb we have a pat pm, dial* ddiaildy feds Ibey could put -safeguads in in repnl ID die llousillg wl dial ca 11111 twic• Ille CDllliws to be very UIICDlllf'ortable wilb and far lbat rasaa she probably will 11111 be suppacting lbc raolulioa. Council Member Nabbolz Slaled lbal she also bas n:scrvatioas in rcpnl IO lbc Sony Tbcala wl Ille also ibar5 lbe caaccms CM:r lbc housing aspect of it. bul she does 11111 want IO ICC US Ff off IJ'aCk and dcnil dais . SIie emphasized Ibey have WOOied too long and bard and have a lot oftbinp in place .. a... Ille aid, she bapcs lbat Ibey will COlllinue to be very dilipt and walCb ova Ibis pn,jecl. So, she advilClll. * wiD be supporting Ibis projecl Mayor Bums said he ag,eed. Council Member Bradshaw called for the queslion . Ayes: Council Members Nabbolz. Gam::u. Bradshaw. Waggoner, Burm Nays : Council Members Habenicbt. Clapp Motion carried. 3. Council Member c..m.t advised Council Iha! be will 11111 be llcR far die mCIClillg cm Sq,!cmtrr ... (iii) Council Member Bradshaw: 2. SIie aatad wllca 1111c -OIi Council in lhc 80'1 lbcy 1111d c-il c6ics aad * Wllllkl like ID --ralllf lO ........ Slic llid dlcy wen: jull -cdlical procadwa ... all of C-=il -- of ... lbal we ckJa'I lalk ... aadla-COIIDCil member ... we ... to lhcm. aa1 ... d!Ca ... IIIIIK killdi of things. Ms. ~ ll*d dley did bavc dhics and if Ibey did bavc a quatioa dlcy tailed IO die ia-, illlll:ad of talk-. *-alt adlCr people . Slic said Ille ~jull likc to have llaff take a 1111* • dial, becauK ii is oa recant. but * dida'l llave a copy • home. 3. SIie said shc w.-.1 IO give Coucil a lleads-ap lbat a monua,y is proposed • Dlr1malldl ad University . Mayor Bums llalCd lbM be bad -caa1aa cm Ibis IOO and be had lhc minulcs of I.be PlaiaiDc CommiHioP IIICldiDg fued to bim and ... dtis is llis Dillric:t ... 111 be bad may people appear• die.._.. ofl.bc P1aaninJ c-issioa cm Tl!Clday . He lllked iflbcy are in quasi-judicial• I.be P'Clm lime . City Attorney Brotzman said lbal is ripa. Ma)·or Bums~ lhal he is sun: Ibey will be lllaw& - abcllll lhis as ii moves to I.be Couacil. Council Member Bradshaw llaled ii is lhc duch prapcny . Council Member Wagoner said be adcntoad Ibey an:: combining lhc dlUldl and 1bc ~ area. Council Member Bradshaw apml. Mayor Bums ad\ucd be received a all Oil Ibis from Dawcr City Council Member Joyce FOiier, wllole dillric:l is ripl -lbc l1nlCt. Council Member Waacma-lllked if it will CXIIIIC to City Council lor a pl!lllic llariD& and die wllalc warb. Mayor Buns aid ,a. • ..... •. •· • C I 2 - • • Ea&kwood City Coondl Aap• 17, 1998 •• 15 • 0 • Council Member Waggoner asked if it docs lake: a zoning change. City Attorney Brotzman said dial - com:ct. Council Member Habenicht asked when lhal public bearing will be. City AUorne)' Brotzman advised il bas .-with Planning and 1.oaing and they approved it Director Siq,son said he will a,mc to Council for first rading probably aruund the s*' al Sq,ccmbcr and then probably as a public hearing around the 21 •. 1bc public hearing will be set al the first reading. Council Member Bradshaw swcd this has caused great concern with her neighbors and she thought Council nccdcd a beadHip. (iv) Council Member Clapp: I . She noted they n:c:cived a copy of an article. she thought was from the Post. but she can't be certain, on the lntemel regarding an incident with an adult and a 13 year old. She said it didn't specify whether thal was a home computer or where that actually took place . She asked if she could find out. thal she was real curious. City Manager Sears said he thought it was a home situation. but he would find out and get that information to her. 2. She apologized as she meant lo make it lo the business breakfast. but she had 10 go 10 a press releaie Oil the morning of the breakfast. Council Member Bradshaw asked if she would continue to serve on Council tlvough the election. Council Member Clapp said yes. through November. Ulllil the General .. .it is nol over until the General. wbic:b is November J"'. Council Member Bradshaw advised thal people have asked her and she thought lhal was Ms. Clapp's iatalt Ms. Clapp said yes thal is her inlention and she believes she bas made a commitment to the citizens within her Dililrict and that was 10 follow through on Cinderella City and thal is whal she inlends lo do. M Council Member Habenichl : I. She said she also wanted to congralulate Lauri Clapp. 2. She noted she and Ms . Clapp voted no on thal sccood resolulioo for different reasons, but she bas been really pleased as 10 how they have been worong on all of lhis. Ms . Habenichl said she just wanted to make a comment about thal. because it was difficult 10 vote no on that resolution . Bui she said. she thought it was imponant 10 do so . 3. She complimented our !Uff in terms of what we have been doing wilh the business COllllllllllicy and the business community bteakfast. She said she thought thal was about the fourth one we have bad now and each one bas been ~'Cf)' gntifying. Ms . Habenicht noted thal she shared a table with die )'OWlg couple who have purchased the Mdody Music building for the Cadlolic SMR. She said it was really inlcresling visiting about 1h11 and she just thougbl she would share Iba& she undcl saands it is one al die oldest buildings in Englewood and thal ii might have been a SllgCCOaCb 110p • 011C poinl in time. Aaually, she advised. Rosemary LaPona was al Iha& lable and she bad been doing some researda oa lbll. Ms. Habenicht said lhal she would like to suggest thal maybe the HillOrical Sociely miglll lac* ialo dill ad they migN be some help 10 these people. She understood thal they are redoing the whole tap pat al die building and it sounds like it will be utilized very well . She Slated il was a very nice brakfalt Mayor Bums !Uled thal he thil*s it is imponana lhal we empbasizc the wort lhal we are cloiq oa Broadway as we do the Cinderella City projc:a. because thal is very impclf1alll to thole ~ • • I I· • 0 , • Ea&lewood City Council Altpll 17, 1998 P.16 • 0 • 4 . Ms. Habenicht asked if Council could gel a n:pon sometime as to what is going on with the Gothic propcny. She asked if the northeast area is supportive of that. Council Member Nabholz advised that sbc talked to An Scibclli the other day and the ~man that bought the Gothic will be in town. She slalCCS she bad menlioncd to Mr. Scibelli that the next time be came to town she wanted to sit down and IIICCI wilh him, because they arc cloing a IOI of worlr.. So, she said, she will touch base with Mr. Scibelli and get • updalc. 13 . City Muaerr'• Rq,or1 (a) City Manager Scars thanked Council for their suppon and direction on the project. He said he knows that stalJ and Council worlr.ing together will make this projccl go and he knows stalJ is worlr.ing extremely hard as a team to by to pull together the best way to accomplish this to bring it back to Council. (b) City Manager Scars thanked Pauletta Punccrclli, Chuck Es1erly and Rick Kalun for putting together the demolition project tomorrow. He noted they have really clone this in a very quick timefiamc. Leigh Ann HofThincs helped out and a few Olhcrs and. he said. he thinks it will be a real exciting time tomorrow and he knows that due to their efforts, especially Ms. Punccrclli's, that this thing is really going to come together. (c) City Manager Scars advised that wc arc in the pnxcss of hiring a Human Resources Directol" and wc have over 250 applications for the position and he was happy to sec that . Mr. Scars swccl he is worting with a group of dc:panment beads and employees to clo some screening of the candid•es. Also. he staled. he has been in conlact with Bob Brazil who is the Personnel Director for Swedish who has been willing and very interested in worting with him in the selection process. along with a couple of other human resource people thal will also be in the selection pnxcss around mid Sepcembcr. City Manager Scars opined that wc have some really qualified people in the running for that job and they will tac a real strong look at trying to fill that by the end of Sepcember. (d) City Manager Scars noted wc arc in the middle of budget right now . He reminded Ann Nabbolz and Bev Bradshaw that they will lllCCl Wednesday to go through dial. He ad\ucd that Frank Gryglewicz and the department beads have been worting on the various issues and he is very imprelWJd with the quality of the budget so far. There has been a lot of prep;ualOI}' work and pulling togethcr all of the details. so a,:rybody has been worlr.ing through that . (e) City Manager Scars said that he ~-s thal Jerrell Black has been talking to Pauleaa PunccrcUi about some type of award and he didn't know if this too prc:malun: an announcement He thought Council might be interested in it. Director Black advised that they just found out last Friday that wc received a Regional Starbuna Award from the Colorado Lottery. He said they submitted the airplane in BcllC\-icw Park as a special project and they received the Metro Arca A ward for the amount between SI 0 .000 and SS0,000. So. be DOied. wc have a plaque and they will be some photos and some information that the Louc,y will be putting togethcr to show at our Slate conference: the first week of October in Grand Juaaion.. Tbcrc arc two ocher recipiallS in the category across the State, so there ,.ill three in the running fOI' the Scale award and they will find that out at that time. Mr . Black said they arc cxucmcly pleased and Gary Hultberg. our Rccralion Manqer, did a IOI of hard worlr. putting the information together and submitting it to the Colorado Lottery. He llaled we arc pleased to be a regional winner Council Member Habenicht asked if wc ~'C shared that information with Lockheed Mania. that they might wanl to put that in their employee lla\-slcucr. She said sbc thought that goes to tbousaDds of people, but she knew they look a big role in that and perhaps that mighl be somclhing they might enjoy cdcbrllillg. Director Black agreed that they ,..ere very UIVOl\'Cd . But, he said. they jusl found out Friday ~ about the award, so they will be contacting them laler in the wedt and the Colorado Loaery will be puwag 10111C informalion out about the award as well. ,. - I· • , .. • • < r • .. (I) City M....-s-s ..... Joie McadDWS, Aadlea Lacbin and CollclCll Caudill -He said llley UVC di* a flWl*' jab a(uq,ia& die ..... l'Clllllleel functioa ll)UII OD Ill interim ... 14. City~··~ City ~ Bn,IZllllll did aot U¥C _, IIIIIICIS 10 bring bd'OR CouDCil-.. 1S. MAYOR aURNS MOVED TO ADJOURN. 'Ille media& adjclulMd 111:37 p.m. ~~J.W. • • • - I • . ' -• - • .. 0 • I • • , • • • • Navigating Your Way Safely Through Zoning Land Mines by Edwl• P. Car11e•ler B ccause of the sensitive nature of their businesses, cemeteries and funeral homes are often subject lo dose scrutiny by stale and local governments and neighbors when it comes to land use issues. If your finn wants to develop its property or seek a variance in the zoning laws in your area, you should be a\\'a1~ of the general land use principles applied to cemeteries and funeral homes . 1rn,inc ''"'•arc complell and fact-specific and entail many f)OICII· 11 .,I ·1:11111 mi,~<· lhal musl he anlicipalc:d and aW>idcd. Local pol- "'', o ll cn m0Ut"tl<."C land use tnlrictiom and interpretalion . malt- "'~ ,, ""' ~ Ji1ticul1 10 11\"CTCOIIIC uisting n:gullllions. If your , cnwtn i "' ru...,ral home ha• had Ille opportunity to leek a 1.on - 1111• , h,mr~. ynu know ii i~ easier IO kill a zonina proposal in many m <r:11" C'< than ii i< lo l!('1 ii ra1ifird and appovcd. I hr , .1111dc .,.-,,.•ides a ~n<,ral awffVicw o( land use is~~ the,· arrly 10 cemeteries and funaal homes. F"nc. ii di!:CUS!:n ,~•l•h, 1rstri.:1ioM such n zoni ... lllbdivision iqu1a1ion, and r,1.1hlo •.lnncn1 hcc~un:. Sccontl. ii uamincs private iatriclions ,•11 ,h,· '"'" .. r l"''f'M1) anJ 1he erra1 of thne R:§tril.1ions m onc·s 1h11t1, tn ,,,r o, con1mur to 11~ ~y ror a -.~cry or a 1nur- 11· U. l"•Wk l•strictlNt "'·'"" .nul 1,,.,1 la .. ·• 1)1"4.:ally utnlntl the use and occupancy ol 1•1o•1~·11 lor a ccmc1c.-ry or foncral home. The law senen'ly rcc- "Cllllr• lhal the politt l"OWff of the -C &i~ the llalC (or, as ,lrlrl!3lc.-,I. the municipality) the mp,isite ~ty to replale "-tU. h ti'('\, Rcc.-.,ni11n1 1he poliucal «-tones of such loc:al repi.ion. t ,mrruvcrsics ~lly then arise rdlled to 1he reasonableness of <tK h rr,ulatinn~ or their ar,,lic:Minll and whether lhe appliclnl or r·•,~·m ""'""' was gi,'ffl due pn1-n• of law, meanift& lhe richt 1n 1-c he.-td 1n a fonam with appnipriale pn,cedunl ..rep.ds. 2.t lfltf'rt111 f,111I c...t.,a ....... M•••1e•e•1 Ccnain appruadles to easing zoning .-rictions have had more success than «*ff. Fe. e!lanpe. land owncn · argumcnas thal ~ v.-the teda'al conailulioul ri1hc of imrair- fflffll of conuact. vma. (eden!_. SUie due process righls. vio- 1* redenl or Ila ,...-es al equal pn,ICCINIII of the laws. constilulc a lltq al pli¥ale propcny for pllblic me Without jus1 compensation or irlllohoe impn,pff delepliol1 of -horily fr<'ffl the SIMC to lhe local jOWWWM-hawe ..-nlly falled . On lhe odier ..... local iqu1a1 ... hawe been succcssrully allaCbd as lleiat ..-,a leplllioll or lacbls • taifcxm rule of applicaion (i.e., • law -eNCled ID pick on you as lhe mly class in 1h11 jurildiclian) or a hawilll been lllade arbitrarily or carriciously. ()nc ... is clear: ft. 8 repialion 10 he valid. II -apply equally 10 all land Sllllilarty UKd or inlcndrd lo be u,ed for a:mcll:rY ad IIIOfl...-y purposes. CeaeterieL Wllik ---.wiqualfd with 1hc advance - -ol lleallll ~ ad di-control in the pd SO years. 1he law senenllY pa• -the police~ to n:gulale and even prohibil cemmria ill particular -on the premise that 1hey -y be in;uricllll lO .... ic healdl or 1h11 their openlion is • nui · sance. 0...-....,... the localion or eapamion of ccme- laies in *'-ly paplllMed -have been held valid. In short. lhae -be ......... --.._ lhe public health and lhe -al propalJ rar. --,. The paletllial clamaa"'I effects al mnains on ..._ habilllian. waer supply and recrca1ion ---al -aispided IMOl'ies 1h11 have been Uf!hcld . • • 0 ] • " -• 0 • To t?.ivc you a Oavor of what one might face in this arena, rcg- 11laticm< have bc:en adopted and applied related to cemelcries in the following instances, wilh varying degrees of success: • p1nhihi1inn in 3 panicular area; • prohihi1ion of a par1irnlar part of an area owned by 1he ceme- lcry ; • prohihi1ion of localinn wi1hin a specific dis1ance to a waler sup- ply, a residential area. and a park; • p1nl11hitinn :,gaino,;t funhcr intcnnrnts: • p1ol11hi11nn a~:1111M opcnint!, fur1hcr sc.:tions or enlarging the t. l.'flll'll'f.)': • ahol11inn nf a l'COtctrry : and • t.·nno,;cnt of the lot.·al gnvcnuncnt a~ a condition to the cstablish- 111c.:11t or enlargement nf a ccn,c1cry. An ordinance has bc:en held valid even in an inslance where its rrcmi<c was lhe "possible corruption of the surrounding atmos- ph<'re ." I ln the !henry of nuisance. proposed regulations have been ,11 nl"k clown where 1he prcmi<e was that the cemetery may make the ncighhorhcMMI less anrac1ive and have an adverse effect on the al'<thctics nf surrounding propcny. that the value of surrounding prnpcll y m;iy he tlcprecia1ed Of that traffic-that is, funeral pm- n·ssion<-may ma~c it inconvenient for adjoining land owners to ~n In ancl from their residences. lncre even have been cases in "hid, 1hc nuisance 1heory was unsuccessfully applied by an adja- "-<'llt bml owner hl-l·au~ the rroximity of the cemetery is a recur· 1111~ ocminckr nf death or is disquieting to lhe adjacent owncn f.\·t ,1·1 ,t· of 1hc hurial..; therein. 11 ,..,l' principles can he c<111ally applied to crematories and 11 1.m ,11km1". ~o wlu-n ~c consider 1heir application, the ~me 1•11,hln11, m:t-y m:m1fc,1 lhcmsclvcs . \, tl1<· I.ow'"" dt•wlnpccl . cemeteries have generally been rec- "Clllll'<I a, an :ipprnptiau, municipal land use. Rather than being 111 :o p:inocular 1,,ning c:llej!ory. however. most are regulated by a 'I''"' o:ol pnmil or use 1h:11 i< esscn1ially a regulatory variance to the 1n11111J! da,~iticuion ar,rlil~I to that 3rt':I. Municipalities alw rec · 0~1111,· r'l,tin~ ccmrlrnr< and :idjaccnl land as appropriate land 11',e, m l..'t•mprchcn~1\(:= rt:ms on future land use. Again. 1hc rn i1111c111cn1, of <pccial use arc fact -specific and rcgulaiory -spe - , ,fi ,· h "nultl he advisable to seek advice in each inslanc:e. In ""'Juncunn wi1h 10ning regulations. the SUie also may l'I." c "'"''" i,onn rrj!ul:nion, on the dcvelopmcnl of cemeteries. 1111, ""') oncluclc planing. along with building or dcvelapmcnt ,c.·1t,.H. l liuc,. huffcr zones . access nlad~. waJkway eascmcnls. hl'1i;h 1 or ,nc co11 idnr rc,1rit.:tio11~ anJ w fonh. 1"111all y. in m:tny case<, lhc cemetery existed bcforr the munic - 'I' oloty or ii< regulation,. In such case,. the cemetery may be a '·"' fool non-conforming u,;c , which would in theory permit it 10 tnntim1c lo nrc-r;1te . 1nning 3nd ~uhdivi~ion rqulalions no1with· ,t:uulmf!. 1 l~re is one case in which a non<onforming cemetery I''"' 11 kcl 1hc ha<i<-<o lnul( a, 11 had adctjuate space available for 1111111,· nrc,I, nf 1hc ,·nonmumty-for prohibiting new ~•cries in 111 :1 1 n unmunity. ,\, a linal caveat cemcrerie, also may be regulated by the state, rc·q1111111!! thal there 1,e an c<tablishmcnt pc.rmit for their continued ll \il' t-'1111~, :ii hom~,. As wi1h crmcleries, the police power of the ,1 .t1 c or munidpa lu y provides lhc legal basis to regulaie the loca - tion, use and occupancy of propeny for a funeral home. Again, the concerns that have been raised include public health and whether the operation may be a nuisance. As a general rule, ordinances have been held valid that: • prohibit a funeral home from a residential dislrict (including accessory uses); and • prohibit a funeral home within a specified distance to a church. In the case of funeral homes, the law has recognized that regu- lation is proper because funeral homes are a commercial enter- prise and because, by their very nature, they present the continu-....V.. ing suggestion of death and dead bodies, which may impair the ?t'- reposc or comfon of neighbors. Lastly, funeral homes also may be -...1,l . prohibited because they may lower propeny values to sunounding ?I' landowncn. the premise was that the c•llelJ 1UJ make the lrafflc:..., _. it illc:Nweaiellt for lllliaini11 lwl Funeral homes generally arc regulaled by their classificalion as a commercial or busincs., use. My experience is that most munic- ipalities include a funeral home in specific zoning classifications, rather than permitting occupancy by a special permit. In some instances, funeral homes may be permitted uses that do not conform IO the existing zoning. This may be true for cases in which the facility predales the zonin& clauiflCalion. such as those in which the f1lnenl home -an accessory use to a resi- dence. In such inllanc;es, while the usc may be permitted, zoning regulations generally place '"benchmarks" upon which the use will en.I . Two eJLamplcs of closure of such a use arc destruction by fire or ocher cawal1y or the cessation of business for a period of time. Subdivision iqulMions may also apply IO a funeral home. Again, such aas of conccm include building setback lines, parlt - ing rcqui.-s, access and ocher~. hci11N restrictions, size restrictions, and the flow of traffic 10 and from the facility. Finally. in some inslMca. variances or outright re-zoning have been permincd to allow a funeral home in a residential area where -*- lhe character of the neighborhood has dctcrionted and the cstab- lishrncm of the funeral home would not advenely affect property values. This is paticularly true of large. older residencn. Again, all cases arc fact -specific, and the local politics may innucnce the result . As a final ~. funeral home usc and occupancy may also be rcgul~ by 1111e lia:nslR. As such. in lddi11on lO proper land •. I • • C , ( (J d I ,I I I I c·,i1 , 1, 11 ,., \, 1• 11 ,, - , 11111 I , •in ol 1'11'1~'11\ l,n 1111c-1111t·111 Ill.I\ ,d._n I\\' t·nt,,, ·d h, 1,,1 11,,nt''" ,\, IIH' ~1t\t'!111ll•'1 ll I he kr II thr111'. lw111nd 1111· 1h11!1 , 11! lhl' ,1.1h· 111 1 ln11 n ,11t·1 11, P n v.1t p Rr "i tn c t rn n s enlrnlL' lltt· t'\l hP,J\l' u,t• ,, 1h.1t •I•· .1.il I h111,·111 ,1! 1 l'llWh.'1\ 1 ,· I 11 I 111·1 ',, ti••' I' ti I• 1111 " ,1 ',!··· 1 It\ I 1\ll! 11! · ,1 1111\ ,,. •di In ·I l''"I'' r• \ !111 ., h\ ti\ 11,llllll' ,I qu.1,1 l'llhlit 11,c \, Ill h .11l11 n· p.11!\ Ltllll!.l, I I u1·.t1 c•l 1X'l1At'Cll !Ill' t)'.\lh.'t ,,I tilt· c11w1,·1\ !Ill' 1111 ,m.11c1 n•d 1lic11 fa 11 11lu·,. ,11 hl 1hc ,1.11r 11111 hdull 11l ihl' l.!t'lll't,111•1d 1l1t !t1 p.1, 1c,pt."LI to 1he dt·.td\ ,wh 11l.11 tile puhlit \!t.'llt't ,ilh ,1..11\ h.1,c ,, ' 11•n.1I h ,111 w 1 •.• 1w1.il 1 !It' t'•t· l.111d1111.. 11,, II 1, " I\ I"' I •h .,1111,.. I\ I j I !I 111• I 11;1 " ' I I 11 1•11 ,, , l' tl••,1 I , . ,, 1 I I ,, \\ 1 1 ' •. ,. ' l' It I j 111 I II 11,· 11,I IJ!!' II 'r •1t11111· ,, l"nc .11..Lt: ., In .111d !Ill' 11gh11 111t·111.11n 111 tilt' ll'llll.'ll'l\ lh,· \111 11·.,11,·1 1 111 111111,11 1111 1h .111tl !ht.· ,lilll' 1h,n 111.1, h1• .dlrndcd 1lw 1n•l11 111 ,·11t11ru· 111d 11111 1 lhl' 11,c nf 1hc p11,l'le'!I\ l••I h1111.d pu1p11•,1..'" ,mh 111.11 .ill tl1t· I '"I' l1ti1' l\'IIH"'C'I\ ,1 1 11'1' ''('1..,IU \l" lhl' 1·11,,l('TI\ h.1, l\t'l'll 1'\l'lllptnl h11 .ul \.iln, 11 l.t\ 11/ IIH 111 1111''-l' 1'll!p1,._l', ,llld thc1do1t" II .,nnl,1 lw 11111.111 l1t pt'llllll rlw 1,111 lt .\'I ! I' t I 11 q II I I 1111' I" 'I' 11. 11 hn Ii 111, 11 \'Ill n h.1\ 111c h.d lih' l\t..·11d11 11 1 111\\\'I 1.1,,·, 11\l'I llh,.' ,,· 11, ',' • I 11 1 , 1 1 1 1\ I ,t,, • n 111 11,I 1·11, 11, 11· 1,1t I\', II' I "LI\ !,1· +j 11 I\ .11\l.1 ~''' ol 111.. 1 r.1 t'd .111d .ii 11.111, •11 .111d 111.1~1..· 1 I''' •I 11 1 I 11 t• I 111.I .11 1 1.1 I I I •I 11, 1•11 11 1 <111111, n It' 11n I ilw 11 1· •1 1lw 11" I'' ti\ 111.11111_· 111,·.11 ··,111·· ",11 11Hh 11 fl,1 lh1• 111,·1111,·, l kH' .... 111" p,11111 II ,I l.111d11'.\l'•'1 p1i•j11~fl' I .hdil,ll' i 1111 II t~ .\· I lt'llh"ll'I\ 1hrll l1!1l llll..'h.\,iJ U ~· ( 1 lllt Ii I It , \ 11 1'-HI 1 1'1 1 11 , I.J111,•11 I 1 1Jil· ._n,h ,1, lu11 t·1.il 1\,,1111· 111.t\ 11111 bl· pn1111t11·<1 nn11! lht· p11•1·t!I, I ! .. "•I 11'1•'1 ,.., 11111 ,, 11 • r :, , 11• •II' 1 n !lit· 1 1' 1 •11nt .I .md I l.1t1<·d 111 111·1 mil -Ill h ll"t.· I 1~ \'\' 1,t· 1.. t"IIH'l t'l \ 111·, ,I,•, n 'I I, 11 111 I 'I.It tt' I I 1 I 111\1 ·1,·111,1 \•,1 111111111·, 1 111 ·,t,\'l\l" .11 1·,1Hlj1,l!tl•lt I 1ht'l'\\lt1,1\t"llt' ll,,·,clP!t..' •llll',11q11111P1' I I ,, I I 111 'I I t ti , th, , ' 111 What exactly is a financial plan and why do l need one7 l I 11 ( lll \ L\ ( I I ._, fl}; \11()1 •• ,,,1 1,1, 'it1•,,11q~ ( .1•1 .... hin:sr l!h l ,\11 .1h,1, Im '>!lll 4 ~!1 ll lo 'i '-' t' :••! I, I 'll•H 04 ,tit ''1 P' f H,.f't: h: IJJ f l,1ll(' /, l '''( I'(' ,rtt ( f )" I - • • • • . ' • ·-·-· -... <"ia l "'L' s hnuhl invesri!)alc rhe ,rarurory or decisional law of lhar I ,1a1 e In •klcnuinc whcrhcr lhird panics have rhe righr lo enforce rfir t''<t:111 .. ivc u~c again~, you. 1 11 a,ldi1io11. if rhcrc arc prc-uisring resrricrion, on lhe <ubjccr I l''"Pn·1 y 1ha1 ir he U<c<I frrr resitlcnrial or Olhcr specific purpose,, ''"'" 111<· :rdjnining or <urrnurNJing landowners rnay be able 10 pre- '"•·111 rh e "l>erarion of a cemcrery on lhat propcny_ I lr<'rL' is """c 1?110<.1 new,_ The law iencrally rttogni7.e< the , iclu , ,1 !Ire landowner-in lhi< case. lhc ccmetery--10 place rea-/ "•11 :i hl,· 111IL·s ark I regrrlarrc"" ,., lhird panic,s (inclU<Jinl! for own . ' '""· , "'"'"' '· <'IL' I 1ela1<",I 111 rhiul -ftany dur~, and obligarinn,. ""• Ir 1111.--,urcl rcgulari,""· prn"idcd rhcy arc re.._..,blc, define rlu · 'f•:nfk l'IWltract righrs of lot '""''ic« and the <pcciftc righrs by / "I"'"""'" of law upon third pan~, who desire lo enrer rhc ceme. I ,,., _, 1111 l,·,!i1i111a1e rc,rs,.,ar '"commen:ial rea<on,. 1 •·unrral ho111e5. Funeral homes arc llOI recognized a, a resi-1 1lcu1ial u,c. A, <Uc;·h. if lhc rmpcny has been resrricted 10 re,;. ,lt-,uial rr,e hy a prior land,.,..ncr. rhc adjacent or surrounding own- ,." "'"Y L'rtjoin <uch u,;c _ Even if there is no rcsidcnrial use rcstric-/ 1in11 . irt nnc recorded ca<c. rhe operation of a funeral home was ,·11jni11e<1 where ir viobred a rcsrricrive covenant lo keep the 1 prer11i ,c, dean and orderly. I 11 i, '""ihle llrar a privare re,1ric1ive covenam may be <cl aside '"'' """' llt<: gcncral characrer of rhe neighborhood ha, changetf Ii , •. rhe resi,l<"n,:c is rhc euerrion rarhcr than rhc rule and rhe a pplrc '"'"" of lhc res1ric1ion ha, been rnurinely waived). """ L'\er. i1 would be advis;ihle lo <ct'k anti secure a jutlicial ,l,·11 ·1111111 :1111"' 11( rh.11 rc,rri,:1;.,.,·, i11vali,li1y lo lhe prnpeny a, a Concl•slon Wf111t· 111<· lu11da11oemal principles of law noted in rhis anicle may l>t· /!<'llnally applicahlc lo a panicular propeny. rhe law of each 11111 ,d1<·10011 . i11dudinl! ln,:al onlinances and regulation,. may vary ''"'-"'~ :rood t·ad, ,iruari,,,, will he f;icr -<pccific . Therefore. lhc law "' rlr,· ,,arc '""I rhc law of 1he ln..-al governmenr or govem,nruts 11111 ,1 ••· , .. ,,,i,lt·1t·,1 in <':K·h in<1ai1ee. and 11,r cirt·umsrance, sur- 00110 11 1111!! rhc 'r>e c olic 1>ro1~r1y anti ii< use or in1endcd use in rhe la«· of n,·w or 111<N.lifieil regularion, also musr be considered. I ,l ,·" o,t·. lhc law i, a process; lheref'"". wha1 is rhe case loday 111:,~ 11111 t-...· lhe c ase lornom-,..,_ The uses and occupancies of sur- '""""'"C or a,1;,K:t'nl properties also may affect a resulr. and a, rlo .. ,,. "'L', "' •'<c upaucie, chan~e. even of rhe law remains lhc ,.uttt.·. lhl· rc,uh rn~1y ht-tlifTC"rcnt . 111 '"""· 10 u,e lhi < anode for anyrhing other rhan a summary "' ,1ppl1,al,ft-law ,.,. lo allemrr lo apply lhe<c pr1n,:1plcs lo lhc l.11 " ·""', tr<umsrafl<.·e, of a panil-ular ca,;c would he 10 engage in '"·"'" ,. ,,,·,·rrla111,,, N,~h,ng in lhrs anrde should be C'OIKlfUCd as I lq:.,I ·"" •«· l\ny,"ic wr1h a <pecific lcl!al problem should consult "uh, "'""cl 10 analy,e rhe fac:1, and circumsiances of his cw her "'"'" rrlar t'a<c and rhc a pplicariou of lhe law 10 11ia1 case before ,,·11111.c .o u"o"e o f a,:1i1H110 solve 1ha1 problem. Please be mindful 1f o.,1 rlrl'H' ,. 11111th <l1ffcrence herwcen lhcory and rcali1y. Good 111 , I 111 ~ ""' ,card, r,.,. <rc,ciftc answers and solu1ions . I ,1., 111 I' < ·1111•r11trr i., a" a110,-,,r.,· sp,nu/1:i"I i11 ,~ c·rmetrry """ /11 11,·1ttf 111,/11st1 )• hu.<rd ;,, Tnp..fo , Ka11sos Casket & Maintenance Litt MINI-LIFTS ALSO AVAILABLE! Forston & "-oebua, Jae. , .................. 53115 1--.375-1335 • fll 414-331-1111 ------------------------------------ ••••• , .... 27 . , • . .. • • • 0 ,_ . I -• • I • • Navigating Your Way Safely Through Zoning Land Mines by Edwin P. Carpenter B ccausc of lhe scnsilive nature of lheir businesses , cemeteries and funeral homes arc often subject to dose scrutiny by state and local governments and neighbors when it comes to land use issues. If your firm wants to develop its property or seek a variance in the zoning laws in your area, you should be a\\'arc or the general land use principles applied to cemeteries and funeral homes. 7 "";"~ l:,ws arc complex and fact -specific and entail many pocen- 11 :rl ··1 :11111 111i11c s· 1ha1 must be amidpaled and avoidcd . l..ocal pol - '''"" ,,f1 e 11 111lluf'11t:e land u~ rc-~trictions and interpretation. rnak - ,,,~ i1 w,y dillic ull lo overcome citisting regulations . If your , •·11u ·11·1i "' funeral home has had the opportunity 10 seek awn- 1111• , h :r 11re. ) rn1 know it i< e,sicrto kill a zoning proposal in many rn <r:111,c< th:rn it i< 10 j?Cl it rat ified and ar,prowecl . I h1, af1ic lc pr1,\•ic.k~ a J!Cncral OVCf''~W of land U.4iC issues a5 th n • :1pply 10 ce,ncterics and f-ral homes. Finl. ii d~s~e s p11l•h, 1e<1rk1ions such as zoning . subdivision ~ions and ,·,r:1hl1 •.l11ncn1 h ci,nsure . Sccon.l. 11 e1Lamincs priv-resuictions "" 1hr '"'" ,if l"''f'C"Y and the cfTc,:1 of thew restri<.1ions on onc"s ,,,,111 , "' •"-C" or nmunue to u~ (lf<,,Cf1y r..,.. a cernctcry or a mor- '" ,,. P11hlic RntrkU..1 \1 ,,11 · .111d 1, ... ,1 l:1w < 1)1'1<.'.~lly n1111ml thi, use and occupancy of 1•11 ·1~·t1> lor a cc1nc,1cry or funt.'ral home . The law generally rec - "!!"""' 1ha1 the police rower of the state gives the stale (or. as tl r trr.atctl . the rnunicip•lity) the requisite aulhori1y tu rcgulale "-11t h Ulrii CCrii . Rc cc>gni11ng the political ovenoncs or such local rqulation. cnnln,..ersies ~encrally then ari5C related 10 the rca.sonablcness or <11rh rrJ!ularions or their IPf'lic11inn and whelher the applicant or l''"l'"'"Y owner was gi\"en Jue prcx:e<< of law. meaning lhe righl 111 l'C hc3rd in a forum with appropriale procedural safeguards. 24 ln1rrn11 h n1I Ce ... MJAfeHral N1n11l'•«n1 Certain approaches lo casing z.oning restrictions have had more success than olhcn. For example. land owners· argument s thal restrictions violate the fcclcral constitutional right of imrair- mcnl of contract, violate federal and stale due process rights . vio-'* federal or swc &uanntics of equal protection of the laws. conS1i1U1e a laing of private propcny for public usc without ju<1 compensaaion or involve improper delegation of authorn y fr<'ll r the stale 10 the local government have scnerally failed . On the ocher hand. local regulations have been succes,full )" -.keel as being special lcgislalion or lac:lting I uniform rule or application (i.e ., the law was cnaacd IO pick on you as the only class in that jurisdiction) or as havin& been made 11b11ranly or capriciously. One thing is clear. For a rcgulallun 10 he valrd . 11 must apply equally 10 all land sunilarly used or 1n1endcJ 10 Ix· u!led for ccmctcry and monuary purposes . ~ While somcwhll -tqualed w11h 1hc advance - ment of Ilea.Ith care and di1a1e control 1r1 the p&-'1 50 years . !he law aeneraliY 1iva the stMc the police power IO regulate and even prohibit cemclerics in particular -on the pmnue that they may be injurious IO public hcalch or dial their as-a,aion is a nu,- uncc. Ordinances prohibilin& the localion or e~nn o f c::me- terics in densely populaled aras hnc been held valid . In short. there all& be a rellOlllble nexus between the public health and the use of property for I canetery. The potential damaging effects of remains on human habitalion. -supply and recreation areas are IOffle of 1hr. mis1uidcd lheories lhat have been upheld. ' • • • 0 , --- 11011. 4/ l. '3'313 • • t~ • • •• ~ .... -83B8 -~-~~~~~~~~~~ ......... .-. ......................... a111 ................... 111111 .......... . . .. ----· --- To 11ivr yuu a navor or what one might face in this arena, reg- 11la1inn< have been adopted and applied related 10 cemeteries in rite following in,rance,, with varying degrees or success: • pwhihitinn in a particular area; • l'"'hihirion or a partic ular pan or an area owned by the cesne- tcry ; • pmhihirion or location within a !IJICCir.C distance 10 a water sop- rl y. a re<idc111ial area. and a park: • l""hrhirinn 3j!ain<I fonher interment•: • prul11hi11,,., af!:1111,1 openinJ runhrr srctiom or enlarging the l l.0 111,·1,·ry : • aholitHMI of a cnnc-tcry; and • ,.,,,...,,., nf the local 11ovrmment u a condition lo the establish- ""'"' ... rnlargt'mrnl .. r a crmetery. An ordinance has been held valid even in an instance wheR ill rrcrnisc wa, the "pouible conuption of the surrounding alllloS· rh,·rc:· 1111 the 11~,,-y or nuisance. proposed regui.ions haff been ,1111,·k dnwn whcre the Jlrt'mi<e was thal the cemetery may make rhc 1icit1 hhorlkMltl '"" allractive and have an adverse effect on the ar,rhrli<·• nr ,urrounding property, thal the value of surrounding l''"l"'''Y may he o.kf'rt'ciated nr that tralfic--that is, funeral pro- ,c.-i,m<-may make ii inconvenient for adjoining land owners 10 I!" ,,, :itNI from their residences. Thele even haff been c:aRS in wl11d1 rhc nui<anc:e theory wn unsuccessfully applied by mi adja- , ._..,, la1NI nwnrr ht-cause the proximity or the cemetery is I l'Kllr- 1 IIIC 1t'm11Nk-r nf death nr i• di'<!llieting lo the adjacent owners '"'"l .,.,,.,t· ul IIK" h.arial, 1hcrcin I h,·"· I"""''"'"' can hc rt1ually applied 10 crematorie• and 111 .m,ulc·11111,. ~• •·lk·n v.~ .:nn41iider their application, thr q,ne 1•11•1 1'1.·111, ma)' n1;1111rc,1 ll..:111sclvc,. \, tlk· I., .. h:i, ,i<-vd•'!""I, cl"fllC'lrriN have generally been ,ec. "c1111t'1I ·" an af'r'upria1e munkiral land use . Rather than bcinJ m :1 p:in1rnlar 10111n, c.:llrf!nry. however. most are iqulaled by 1 'I"'' 1;11 I"'"'"' nr u~ that i< e,-ially I ~ulatory variance IO lhe ''~""I! d:1,<1ficJtN111 arrfial 10 that area . Municipalitin also rec- "~""" ,.,"tin!! cc,nrtrriN and adjacent a-I • apprupri• land '"''' rn .-.~nprrhrn,,.e plan, nn future land use . Apia. the fl'<111nc111C111< of '!""'ial u~ are fac1 -specific and tepdalory-spe· , ,fo· II '""'"" hr advi,abk 10 leek advice in each ...__ 111 , '"''""'''""' with nwiing reaul•ions. lhe -also _.y rl ,1<r ,nh.h,i,11"1 rr,u1a1i,wi< on thr devc..._ ol cemeterie1. I It ,, 111:i y n1elmlc pla11inJ. alonJ with buildillJ or develapacnt ,,.,,,,,. l hnc<. hufrc.·r wnes. a:ceu rua«k, wallt-y .,._..,, l1<·1~l11 '" <ilr cormlor rc'ilrktions -i w forlh. fon:ill y. 111 many ca<e<, lhr cemetery eai.ecd before lhe ...:- 'l'''''Y ,., it• rr1111latinn<. In such casn, thr cemetery may be a '"" ful '""'·cnnforming use. whrch -Id in theory permit it IO ll~lfmue In op~rate, 7tl111ng and wbdivision replaticlnl -with· ,1 :1 11drn, 1 here is one use in which • 111111-conrormina cemeeery I'"" 11lc1 l 1hc ha•i•-•n k111g a,, it had adequate space available for 111111«· 1rtt,I< nr rhe ,·,..nmun11y-for prohibitina-cemeteries in 1lia1 n •rnmunity. ,\, a final caveat. cemeteries also may be replaled by lhe llllle. "''11111 "'I! rh:11 thrre hr an c<tablishment permit for their Cllllllinucd U \l' hMral hume. A, w11h cemeteries, lhe police power or lhe ,1.11c nr munki1,ali1y prov Nies thr lqal balls to l'Cl'I• die loc•· lion, ute and occupancy or property for a funeral home. Again, the concerns thal have been raised include public health and whether the openaion may be a nuisance. Al a general nlle, ordinances have been hdd valid that: • prohibit a funeral aie from a raidenlw district (includin1 accesaory ma); and e prohibit I r-aJ Die within I specified distance IO a church. In the C8R or funeral homes, the law has recognized thal n!gU· i.ion is proper becmK funenl homes are a c:ommeraal enter· prise and because. by their very llllllre, they present lhe continu-* ins •gettion of death and dead bodies, which may impair the repoR or comfort of neipbon. Lllldy, funeral homes abo may be ~ prohibited because they may lower property values 10 sonounding '7f' laldowners. ............................. stnck ........ ........... wa tut ... ce•••1-, ....... ....... ,. ................ tut ....... ., ...... «•1 """"'1 -, lie .......... • tllat lnllc.., .... I ac111u111hat"' •••I I 1 ._. ..................... ,11, ...... Funeral homes pnenlly an: tqtalaled by their c:laaiflCalion as a commercial or busineu -· My eapaience is 11111 -munic- ipalities include a f-.1 home in specific 1Dt1inJ c:laaiflCalions. rather than penninin& occ:upacy by • l)IKill permit. In ---· ........... .., be palllilled -thal do -CONorm IO the aillillJ zaiinc . Thia may be ._ b cases in wllich the racilicy .-i-s die Zlllllinc claaaificalion. IUCh as ltm. in whidl the r-.1 hame -• aa:aaxy -IO I resi- datcc. In IUdt --. while die -may be pentliaed. ,-;Ill replaliclnl pnenlly place "balcllmllb" upon which the use will end. 1wo ........ ol clolure or IUda. --claaaction by fu-e or Olher talllalty or the telllliotl of ...... ror. period of time. Sllbdivilioa ......... may allo apply IO a r--.1 home. Apin, IUdt -of concem iDclllde baildina setback lines. pa- ins ,equiremenls. aa:cll and adlcr ~ heip& iatrictions, sire rauictiona, and the flow or tnff'IC IO ad fwan the facility. Finally, in -inllances, ~ OI' autripl !HOiiins have been pennined IO allow I fwaal home in I n:sidential aa wheft * the dwacter of die mipborbood .................. alab- li..._. of die ,._... hame ~ 11111 advenely affect pn,peny values . This is paticularly tnie ot lap. older raidalces. Apin, 111 -an: rac1-apeci&c:. and die 1oca1 politics may infttlalce the ,_.._ Al If .... c:awal, f--i 1w -wl ocatp•IC) may mo be repl.-d by .. liceaan. Al lldl. ill lllllilillll lO prapcr land ._..,_ " • • • • 0 l • • ,,_ 0 • -··----·-· --·-------------------------~ Tn !!iv<' you a navur of whal one mighl face in lhis arena, rcg- 11la11nn< have been adopled and applied rclalcd 10 cemclcries in 1hc following ins1anccs, wi1h varying degrees of success: • p1nhihi1inn in a panicular area; • prohihi1inn of a par1icular part of an area owned by the ceme- lcry ; • prnhihi1ion of lcll'.aliun wilhin a specific dis1ance In a waler sup- ply. a l<'<ideruial area . and a park; • 1•1ol11hi1ion :IJ,?:l!n"I further i111enncnts; • p1ol11hi11nn a~a111s1 npcninl! rur1hcr section~ or enlarging the l l'IHl'll'f)': • .,holi1irn1 nf :1 l·c,nctcry : ant.I • c.:u11..:c:11t nf the lt~al f?uvcmrnenl 3~ a condition to lhe establish· 1111..·111 nr enlargement nf a cemetery. An ordinance has been held valid even in an inslance where its premise wa< the "possible corruption of the surrounding a~- phrrc ." < ht lhe 1henry of nui<ance. proposed regulations have been '1111 ,k .town where 1hc premi~ was that the cemetery may make lhc ncighhorhtMKI less a11rac1ive and have an adverse effect on the ;lt"<lhclil"< nf sum,unding propcny. 1hat lhe value of surrounding rrc•t'<'rly ""'Y he ,krrccialed nr 1ha1 lraffic-thal is. funeral pro- <:r«tnns-may make ii inconvenient for adjoining land owners 10 ~" 111 amt from !heir residences. There even have been casn in whidt 1hc nui<an,e 1hcory was unsuccessfully applied by an adja- ,c111 l:iml owner hc,ausc 1hc pro,imi1y of 1he cemetery is a rccur- 1111c r,·1111mkr nf dc:uh or is di<4uic1ing 10 lhe adjacent owners h ·c ,,•t,l' 111 1hc huri;1h: :herein. I lo.·"' pronoplc< can he c,111ally applied lo cremalorics and 11,.,11 ,11 k111t11,. ~n "''hl·n -.c om~ider 1hcir application. tht-yrnr 1•11•l •k111 , ma y 111a111fc,1 thcmsdvcii. \, 11 ... I."' ha, ,k,dot'<'•I. n·mc1cries have generally been rcc - ,.c,111<·,I .,, an apprnp11a1te munu:ipal land U'IC. Rather 1han being 111 ., part,rnlar 11111111g c:llc1tory. however. mosl arc regulated by a 'l'<"t 1:il 1>crn111 m u<e lhal i< r"en1ially a regulatory variance lo 1he '"""'J! d a,<r li ca111111 applord 10 1ha1 area . Municipalities also rcc- n~nlll' t'\l ,linl! c:c nK"tt"rt<"< and adjacent land as appropiate land 11 ,l., 111 l••mprch~n~1,c plan .. on future land use. Again. 1hc rn 11111 c 111cnl< nf <fl!'<ial us,, arc facl -s pccific and rcgularory -spe - , cli , It ,.,mlcl he advr<ahle 10 seek advice in each inllancc. 111 u•1 1um·1111n wi1h mning regulations . the state also may f•l.1,1· ,11Mi-i,111 n rc~ula11un~ on lhe Jcvelopmena of~- 1111 , 111:t } 111d111lc planin!!, along wi1h building or developmntt ,, 1h.o< ~ l111c,. hulfrr i,11,c,. acceu road<. walkway casanents. l u:1j;!h t 01 \I IC t.·rn11dor rc,1r il'll01t1i and \0 forth . I 111 .tll }. on m a n y ca<e<. lhc cemeltery exi,1cd befon, the munic - •1• 1hty "' ii< ,.,,gula11nm In such ca~s. 1he cemetery may be a I.I\• fol no•n -conformmg u-.c . which would in lhcory permit ii to l !'IIIIIHIC "' ll(X"f illC , 100mg and "ubcJivi4'ion replalions notwith• ,1.111<11111! 1 here i~ one ca<c ,n which a non-conforming cemetery I'"" 1tlct l ll1C ha<i<-«1 lrnltt a< II had adcquale «paee available ror 1111111 ,· 111·cd< of 1hc rnrnmunrly-for prohibiting new cemc:tcrics in 11!:11 tnmmuni1 y. i\, .1 fin a l cavcal. cemclc ncs al'° may be regulaacd by &he <late , "''I"" 111,: 1ha1 11,cre l>c an c,1abli~hmen1 pcnni1 ror their continued ll \\' 1-"unrral humr~. A, wuh cemc1eries, 1he police power of 1hc ,1.,1c or 111uni1:1pa l11y provuJc\ 1he legal basis 10 regulate the loca· lion. use and occupancy of property for a funeral home. Again, the concerns that have been raised include public health and whether the operation may be a nuisance. As a general rule, ordinances have been held valid &hat: • prohibit a funeral home from a residential district (including accessory uses); and • prohibit a funeral home within a specified distance to a church. In &he case or funeral homes. the law has recognized 1ha1 rcgu- la1ion i< proper because funeral homes arc a commercial enter- prise and because. by their very nature. they present the continu-..JJ:. ing suggestion of death and dead bodies, which may impair the ?t-.. repose or comfort of neighbors. Lastly, funeral homes also may be prohibited because they may lower propcny values 10 surrounding >J/:;. landowncn. the .......... that ... Cl ..... , ..., ....... Nipborllood .... albaetln, tut ... ..._ of Funeral homes generally arc regulated by their classifica&ion as a commercial or buiincss use. My experience is lha1 most munic- ipaliticli include a runera1 home in specific zoning classifications. rather than permitting occupancy by a special pcnniL In some inst.Men. funeral homes may be penniaed uses that do not conform to the eKisting zoning . This may be true for cases in whidl the facility predales the zoning clauificarion. such as 1hoae in which the funenl home -an accatory -to a resi- dence . In such inscances, while the use may be pmnined. zoning rqulalions generally place ubcnchmlrb" upon which thc usc will end. Two cumplcs of closun: of such a use are dcstnlction by fire or ocher caulty or the ccuation of businns for a period of time. Subdivision ,qui.ions may also apply to a fimcral home. Again, such -of conc:crn include burlding lftbadt lines, part - ing requirements, access and ocher eucmenu, heigh& rcllrietions, size restrictions, and the flow of traffic 10 and from the facility. Finally, in some inaances, variances or outright re -zoning have been pcnnined to allow a funeral home in a residential area where *- the character of the neighborhood hu dctcrionled and the estab- lishment of Ille funeral home would not advencly affect propcny values. This is particularly true of large . older residences. Again, all cues arc fact -specific, and the local poli1ics may innuence the result. As a final caveat, funeral home use and occupancy may also be regulaied by stale licensure. As such, in addition IO proper land ....... -25 ., • • • 0 r, I ,. d . ,.,1 \' (1,,11 111• 1 - , .. ,,. /I ,·d t, •Ill nl i1fl\p1·1 \ ltH 11 11r1 111t·11t Il l.I\ d,n ll<' 1·1 1 111 I'd"\ \,II 11\\IKI "' !Ill' \'1,'.!'lllllWll1 \ lu,: Jt-~.I\ •h,•111 ·, J.-d1111d !ht• i hltt ', nl till' l,lll' • 'I I \1•( P\\ I l'I 11 ,·111111 t· l ht· t"'ljqq\1' II t• 1 llJ.ll tl•c r' 1.thl l1111,·1·t 1•! .\ ll'llll'll'! llj IH• t d h \ 11 ,ILl l !llt" .1 q 11 ,\\l pUh\tl H'l' \, 11th llh t•'1' \1,III, tl'l\!f,1,l 1 Priv;1tP Rr c;h 1d 10 11 c; 11 I'\ I ! \' 11 1 1' •tw Ill I!, I I \lit' lll',I IL'd l'\('\\\t'•'P lliL' )\\Ill'! t'I !IH' l'llll'l l'I\ 111· !111 l\\lll"I lll 1 11 ,, 111 11 I, t1 ti t 1 • 1·111 l , Ii 1 ,,..,, .• l,11 ,1 tlic11 f.u ndw , .11 1d 1hc· ,t.Hl' 11111 t,,·!1.111 t d !hi' )!.t 111·1 .li l'IIOi1 1, I ,I \ I ,·,·11,·1 .11 I c tlw .111.111\\I H I h.1, IL''l~'ll Ill lhl· 1h.·.1d 1. \l i lh 1h .t1 th1..· p11h l1\ i!t'l,!'I .th \\di h,\\l ' t'III• I •, " 1 • 1\ I, Ill" 1•!11 111111·( ,la,n..! lllL .. , 111 111d lhl" lli.!111 lo 11·111.1111 111 ll1t· lrlllt'l1'1, I lic 1111 1,·.\11t 1 " I" 1 · 1111111 ,11 .. 111 .11 ,I ·!11 1.11c .ii , 111.1" t"'· t1f,,11!1•d l ,. 11rl11 1111'!'1 'lt· u1d 11• • llH' qt' nl !ht' p1 11 1't'!I, 1111 hu11.11 J'lllj'•t•t'" Ill l lil.tl .di till" 1'1 'I \I'' I''' ,.,1\11,· I • 1111• II\'•\ II II t Ii, II 11,\11\\II I !t"lll t 1 , 111 1\1 1 11 + 1 II' ,11 I, 11 111,l\tlll' \\ I II I,,,, • t.' I I I IP' ti),., l I f t !ILt"!l'I \ ,11 I 11 I• j111H' I ., I I 11•· !Ill I I ,,. J\/,11 1 1 111 ti,,·· • l'fl\ ,\di 11!11111.lll'h he; !n.1•l11p1· i 11 1d If: II t • d, ,,.,. j II\' ,\. p.nd \HIii} lh•· .lk 111 ti\ i 'lt'\i'''I'. It' 11 1 \Id I !'t '1 1 Ill ii 11 111111' 11.1Pll'lw1d i l\t.'q.11t.·,1\ .... ,m .1,(.'ll l nH•'!ht. kl1i..,l111•11 t•·\1.!11 -.., ll'I' h,·l,IU \t.' tl u• p 1npi..'ll\ h.1 l\o·,·11 ,•,1·11·1•1,·d !ttf 1d \ 11<11 'l' I 1• pu1p11•1'' ,\IHI \hl'Jl'ltllt' 11 V,.11 111 j t,,. 11\l.l!J ltl 1w11111t lilt' l.1· ,\{ .\.1 ., ' "' 11 ,1 ,,t 1li1 1·11·p• 11·1 I 1, •11, 1 rt1 1t 1 11 t· 1111 l'T h,J\ IIH' l,,1d Ila-bc111'!1t nl •'.\.t"I ( I\ "tl\t'l till' \<',II I l 1 .,,I · .11 11.1:·•· n l IIILlt'.1,1 I l.111d ,.d:1.!11•'11 .11 1d 111. t I f'!••l1l t ! i ... , 1 " I' 1 ,1 111 l 1·11t 1 I' I o1 11 1 1 1 I 1111\ 11 Ill\ 111,I. 1111• t'J~! !,ti, j \ It' I 111.1, h j, I 1,1 1,l.tli llr Ill ll',11 c,1.11•..: II I \'I I 1H ll' II ll . " I .,. "l l h 11 ,•11· H' 1111•! tl•t' !I 1' I lht ' J11J'I'' II\ ",11 nwl 11 ltH till' 1hn , ,, . .., I h-11· " 1lw r-1 '1111 ti 1 \.111tl11\\ 1w1 \11''111_'1\\ I 1k 1il ,lll'1\ l111 II I' ,I ,I ''11\t'lt'l\ 11h'll \ II 11\t'l It\ I Ulh 1, !11111•1.il h,•l!l l'" lll,1 \ 11,1 1 h1· pc1111ll•' I \1 1111 tilt' 1'1 •1ic ·1~ I' /llllt'd .111d l'l.l!h'd Ill l\t'llllll IHh ll·l" I 1~ •, . ._ l' t'lll!'kl'. ,1,• ("Pm PI •,,, f .,,...,, t i ".\j 1 0 , r 1 I , I\,, t' ill' 'I\ I 111ld, ,,, ,t,,· •. ,, ,,1\1' \I ' ll1t1'1••1l' 'l)t· , .. t·H l''• !\ ,., Ill 'J1d111~· 1n hudd I' 1: \'1 ii lu,111, I I •ti, '" I What exactly is a financial plan and why do I need one'? \I !"I I I > I\<.., I \l I I <.., ,, ,il\ I rn .:,1 g h1 ,\11 .1h,1\, Int ... ' I •, ,.1 , : I ",•· .ii~ •01,1 ,1.11 '"" t , 1· 14 t rJ I 1 .1•·r• 1 I • 0 t • ·, • 08/14/1998 03:56 303-804-0300 PHJTOSOUPT GisO...P PAGE 02 --··· --··--·------------------ • ,al "'<' shnuld invc,1iga1c 1hc ,1a1u1ory or decisional law of 1ha1 '""'" '" ,1<-1crminc whc1hcr 1hinl par1ic, have lhc righl 10 enforce rh e l"•td11.,.ivc 11~ against you . In ad,li1ion, if rhere :uc prc -c~isling rcS1ric1ions on 1hc subjccl l''"l""''Y 1ha1 ii he """' for rcsidenrial or other specific purposes, 1h1.·11 1h1.· atljnining or "urrourkling l:andownrn may be able lo rwc- ,,-111 1hc <1pcra1ion nf a ccmclery on lhal property. l hn c is snmc !!nod news. The law gn,crally recognizes lhc 11ch1 "' 1ht· l:mdowner-in lhi, case. 1hc c~ery-10 place rea- ,,.,,,,t,k 111lt·, an<I rcgul:ni,"" '"' 'hinl panics (including lot own- ,.,,. , t·ttdnf',. t.'h .. · , rcblC'cl In 1hi11l -pany duli~s and oblig;uinns. '"l Ii 111lt·, a1ul rcgul:11iu11s . r,nvidcc.l 1hcy iltt reasonable. Jcfinc 1h,· ,pn-ilic n1n1r:1e1 righls of 101 owner< and rhc specific righlS by "l'<'rarinn nf law upon rhirJ par1ies who desire lo enrcr lhc cemc- 11·1~· tnr lc·i!ilim;ttc p:r~onal or cn,mncrcial rc:tM>n"- •·uncr:tl home. Funeral homes arc !IOI recognized as a rcsi· ,h·,nial use. A, such. if rhc propcr1y has brcn resrricrcd lo re,;. d,·nrial u,c hy a prior la11Jowner.1hc adjaccnl or surrounding own- n, may t·njnin such U'IC . Even if !here is no residcnlial use restric- ,i,,n. in ""c recorded ca'IC, lhc opcrarion of a funeral home was 1.·111111111:d where ii viol:uetl a rcstric1ivc covenant to keep the p1 t·111"c ' dean a11<.I orderly. 11 i, l"'"ihk 1ha1 a priv:11e rc,1ric1ive covenanl may be sci aside l'<'t """' lhc i:cncral characlcr of lhc neighborhood has changed Ii c . 1hc rc,i,k-11<.·c i< lhc cxccf>lion ralhcr lhan lhc rule and rhc appli, a1111n nf rhc rc,1ric1inn ha, hcen rnulincly waiveJ). 11,mncr. ii "''<mid be advisal>lc 10 seek and secure a judicial d•:fl·1111m :11ion nf that rc,tric.:1i,Nt 0 ( inv.11i1.li1y tn the property as a l •111d1t1,,1110 an1u1~ilion Conclusion Wluk 1hc l1111da111c111al princi1•lcs nf l:iw ntlled in IIIIS anide may ,,. ~rnnally applic:ihlc In a panicul:ir propcr1y. lhc law of each tm1 ,1lu .. ·11on . incl11,lin1?, lnc.·al onJinanccs and ~,:ulalion'\. may vary I c11 ·a1I) a11,t cad, ,i111:11i,M1 will he f:1<·l ·<pt'Cific . Therefore. lhc law "' iht· ,1a1t· and rhc law nl 1he local [!Ovcmmcnl or g~mmcnu ""''' l't· , nt"ickrc•cl in c;K·h m~ta,K.·r . and tht-circum~,an,.,.~ '\Ur- rn11rnl111g 1hc '-f'Cl:tfil'. JlfC'l1Cny and ,1._ u~ or intt'ndcd uq, m the 1,,. ,. ,,f 11<·w nr mnd1fie,I <e[!ul:ninn< al'.'IO mus, be considered. I ,~n , "<'. 1hc law i< a procc,,: 1hcrcforc. wha1 is lhc case, 1oday "'·" ""' ht, 1hc case tomorrow. The uses and occupmicin of sur• ,,.,,,,,1,,,c nr ad1 ,1ecn1 propet1ics also rn.ay affect a result. and as lh1,•1,• '"'-"' or 0\."l'Ufl:IIK'ic~ chanl?C , even 1( the Jaw ttn1ains the ,.,111 ,·. !Ill· ,c ,ult m.ay he d1tTcrcn1 . In ,h1111 . In u<c rhi< :1r11de for anirhinJ other rhan a <ummary 1 "' .,pplitaMc law nr lo allemJ" lo appl)· lhc<c principle< to lhc l.n 1, .111,t < lrt umsiaocc< of a par1icular case would be 10 engage in "'·"""' 'l"'rnl;i1i,"'· N,~hing in 1h1< ar11elc: should be con~lrucd as lq•.,I .uh 1t c Anyone wirh a spccir1e lettal problc:m should consuh "11h '"'""cl 10 analy,e rhc fat:ls and circumS1ances of his or her p:0 111<111 .11 t;isc and rhc •1'fllica1i1N1 nf rhc law 10 1ha1 case before ,.-1111,~ ·' """'e nf ac1i,M1 lo .,.,Ive 1ha1 problem . Please be mindful 1h .11 1hc 1r , 11111Lh Ji1Tcrc11<.·e bcl,.ccn 1hcory anJ ~alily. Good l,h t,. 111 \ 11 111 c an:h for 1iopccific an,"t'fCiii and \Olu1ion ~. I d u,,, I' ("n t f''""'"' n nn flttornry sp,dali:1n1 in tltt' cemrtrr)' ,1111/ /11111·,ol 111d11su _,, h.1ud in Tn~fo . Ka11saJ Casket & Maintenance Lift • One-Man Casket Lift Handling MINI-LIFTS ALSO AVAILABLE! Forston & AMt.elates, lne. P.O ..... • Wist ...... WI 53115 1 ..... 375-1135 • Fu 414·331-1171 •• , .. 11n1 • •. ... • • • 0 - • • • y • 88/14/1998 83:56 383-884-8380 PI-OTOSCRIPT GiU.P PAGE 02 Aupt 10, 1998 DeniN Lomlmdi 2181 Soulh Lowell Blvd. Denver. Colorado 80219 303.975-0925 City« Enpewood 3400 s. Elad Scnet. En,lcwood. C.Olando 80110 Atm: Council Memben fireflsbms PCNion Baud Mcmben Dear Members. I -'-•-..._ ' . ·:':" .--, -·--, I'm ICllry to haw to •Y that I haw moved &om En,lewood to Denver. I do love my new houK, but am sad abaut lavinc Enalewood. I rali:e that only city raidena can ,erve an any of che boerda. buwewer since my tam expires in January. 1999, I would lib for you to o,mider a1Jowinc me to finilh my term. I feel that I can still comribute and support the naeda of the Firefiahten Pcnaion Baud. I have pady enjoyed WOIUII wtch all the members, and have pined IOlfte wilclom to be med a fudier down the road. Thanb in advance far camiderine my requat. I look forwud to harins frnm you, lepld1eu of the our,come . , •• .. •· • 0 • • • 0 - PR OC L A M A TION WHEREAS , o ur F o unding Fa the r s , m order to secure the ble ssings of libe rty for them selves a nd the ir pos t e rit y , d.i d orda in a nd establis h a Con stitution for the Uni ted States of A me ri ca; a nd WHEREAS, it is of the greatest importance that all citizens full y unde r st a nd the provisions and principles co ntained in the Co n s titution in order to s upport, prese rve, a nd defend it a gainst a ll e ncroa chme nt ; a nd WHEREAS, the two hundred a nd eleve nth a nni ve r sary of the signing of t he Co n stitutio n provides a n hist ori c op po r t unity for a ll Am e r ican s to reali ze the ac h ieve men ts of the fr a me r s of the Co n s titutio n a nd the ri ghts , privil eges , a nd res pon s ibilities it a ffo rd s ; a n d WHEREAS , th<' inde pe nde nce gu a r a nteed to Am er ica n ci ti ze ns , whe the r by birth or na tura liza t io n . should be ce le brated by a ppropria t e ce re monies and act ivi ti es during Con st i tution Wee k , Septe mbe r 17 through 23 , as designated by procla m a tio n of the Presid e nt of the Unite d S t a t es of Am erica in acco rda nce w ith Public La w 915 ; NOW THEREFORE, I, Thomas J . Burns, Mayo r of the Ci t y of Engle wood , Colora d o , h e r e by proclaim the week of September 17 through September 23 , 1998 as; CONSTITUTION WEEK a nd urge a ll ci tize n s of Englewood, Co lor a d o to r eaffirm the ide a ls the fr a me r s of t h e Co n tttut10 n h ad m 178 7 by vi gi la ntly prot ecting the fr eed om s guaranteed t o us t hro ugh thi s guard ia n of our h be rties . r e me mbe ring t h at lost ri ghts may n eve r be r egaine d . G l\'EN und e r my ha nd a nd eal t his th d ay of Se ptembe r , 1998 . ,. . .. ~ ... Pr ,n:ea on Recyc led Paper.~' • I 0 f • • 0 - PROCLAMATION WHEREAS , our Founding Fathers. in order to secure the blessings of liberty for themselves and their posterity, did ordain and establish a Constitution for the United States of America; and WHEREAS, it is of the greatest importance that all citizens fully understand the provisions and principles contained in the Constitution in order to support, preserve. and defend it against all encroachment; and WHEREAS, the two hundred and eleventh anniversary of the signing of the Constitution provides an historic opportunity for all Americans to realize the achievements of the framers of the Constitution and the rights , privileges , and responsibilities it affords : and WHEREAS , the independence guaranteed to American citizens. whether by birth or naturalization. should be celebrated by appropriate ceremonies and activities during Constitution Week, September 17 through 23, as designated by proclamation of the President of the United States of America in accordance with Public Law 915 ; NOW THEREFORE. I. Thomas J . Burns, Mayor of the City of Englewood , Colorado, hereby proclaim the week of September 17 through September 23, 1998 as : CONSTITUTION WEEK and urge all cmzens of Englewood. Colorado to reaffirm the ideals the framers of the Constitution had m 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of o ur liberties. remembering that lost rights may never be regained . GIVE:-.! under m y hand and seal this 8th day of September. 1998. Thomas J . Burns, Mayor ?rmt ec on Recycled Pape,.~' • I • 0 ' -• "' - • • .. COUNCIL COMMUNICATION Date Agenda Item Subject September 8, 1998 10 a i Southgate Supplement #138 Initiated By Utilities Department I Staff Source Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Water and Sewer Board, at their August 18, 1998 meeting, recommended Council approval of a Bill for an Ordinance approving Southgate Supplement #138. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood provides sewage treatment to a population of about 70,000 people outside the City through contracts with numerous connector districts. The area is defined by the natural drainage and extends south and east from Broadway to the Valley Highway and from Hampden to Lincoln Ave . excluding Highlands Ranch. By contract the City of Englewood must approve any additions of land to be served by the districts. These are usually in-fill situations that are within what the City considers to be the area it has committed to serve. Adequate capacity has been provided in the treatment plant to accommodate all such future inclusions. A request was made by the Southgate Sanitation District representing the owner, Turner and Cindy Smith, for inclusion into the Southgate Sanitation District. Supplement #138 is for an area approximately 1.441 acres. The zoning per Greenwood Village Is for a single-family residence, with the proposed use to stay the same . The legal is attached as Exhibit A. The property is located north of Powers Ave. and east of South Holly Street in Greenwood Village. FINANCIAL IMPACT None. UST OF ATTACHMENTS Proposed Bill for Ordinance Southgate Sanitation District Supplement #138 ' . ' • .. • • 0 -• • • Thomas J . BurD8, Mayor AT1'EST: 1,oucnabi& A. Ellia, City Clerk I . i.--t..-·"" o,d<<J."" .,,. ............ ---_ ... .-... -••""' ""' <J.• Bill '°'an°""""""°' ........... nod ill full. and p.-d on tint readiDI on the 8th day of Sept.ember, 1998. 1,oucnabia A. Ellis -2- • . ... ' . • • 0 ]- J f • ,,_ • • COUNCIL COMMUNICATION Date Agenda Item Subject September 8 , 1998 10 a i Southgate Supplement #138 Initiated By Utilities Department I Staff Source Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Water and Sewer Board, at their August 18, 1998 meeting, recommended Council approval of a Bill for an Ordinance approving Southgate Supplement #138. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood provides sewage treatment to a population of about 70,000 people outside the City through contracts with numerous connector districts. The area is defined by the natural drainage and extends south and east from Broadway to the Valley Highway and from Hampden to Lincoln Ave. excluding Highlands Ranch. By contract the City of Englewood must approve any additions of land to be served by the districts. These are usually in-fill situations that are within what the City considers to be the area it has committed to serve. Adequate capacity has been provided in the treatment plant to accommodate all such future inclusions. A request was made by the Southgate Sanitation District representing the owner, Tumer and Cindy Smith, for inclusion into the Southgate Sanitation District. Supplement #138 is for an area approximately 1.441 acres. The zoning per Greenwood Village is for a single-family residence, with the proposed use to stay the same. The legal is attached as Exhibit A. The property is located north of Powers Ave. and east of South Holly Street in Greenwood Village . FINANCIAL IMPACT None. LIST OF ATTACHMENTS Proposed Bill for Ordinance Southgate Sanitation District Supplement #138 ... ... •· • 0 • ,. • • BY AUTHORITY ORDINANCE NO ._ SERIES OF 1998 COUNCIL BILL NO. 53 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE APPROVING SUPPLEMENT NO . 138 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES. WHEREAS, Southgate Sanitation District recommends the incluaion of approximately 1.441 acres into the District; and WHEREAS, said inclusion is located in Greenwood Village north of Powers A venue and east of South Holly Street: and WHEREAS , the zoning of this property in Greenwood Village is single family residence Residential R-1: and WHEREAS, said annexation of this additional parcel of land will not increase the tap allocation to the Southgate Sanitation District; and WHEREAS. the Englewood Water and Sewer Board recommended approval of Supplement No . 138 to the Southgate Sanitation District at the Auguat 18, 1998 meeting; NOW , THEREFORE . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO . AS FOLLOWS: $cctjon 1. The Agreement between the City of Enclewood and Southpte Sanitation District entitled "Supplement No . 138, to Connector's Acreement", which includea approXUDately one acre located in Greenwood Villap north of powers Avenue and east of South Holly Street. ia hereby accepted and approved by the Eqlewood City Council . A copy of ,aid A,reement ia attached hereto as "Exhibit l" and incorporated herein by reference. $cctjon 2. The Mayor and City Clerk are hereby authorized to sip and attest, respectively, the said A,reement for and on behalf of the City Council and the City of Englewood , Colorado. Introduced, read m full . and pasaed on first readinc on the 8th day of September, 1998 . -1- .. ,,; • • • 0 , • • ,. • • Publiabed u a Bill for an OrdinaDce on tba 11th day of September, 1998. Tbomu J . Suma. Mayor AT1'EST : Loucri.ahia A. Ellia, City Clerk I. Loucri.abia A. Ellia, City Clerk of the City of Ellllewood, Colorado, hereby certify that the above and foresoiDI ia a true copy of a Bill for an Qrdinanee, introduced, read in full. and paaaed on tint reading on the 8th day of September. 1998. Loucri.ahia A. Ellia -2- • < • • C 1 32xl • • • . , SUPPl.EMENT NO . ~ TO CONNECTOR'S AGREEMENT THIS AGR£EMENT, --a-..d -Dr and -n :::-Y OF ENGI.EWOOO • ......, .., and 1IV"'9' a c1u1y --MayQr ano c.rv ::-. __ ,,,."City," -SC)UTHGAff SANITATION DISTl9CT, - -Oou9ln eoun-. Coloraclo . .,..-caled !lie "Oietnct. • WHEREAS . on !lie 201h clay oA June. 1111 1. ma Cay ancl tne :,s::-,= _inlo .. ~dt-ftClyagramlllttnl-~'"""' o,e O,llnCfs sanotar( -IYlle"' ....,., !lie --t,y :ne o.unc::. ..-,c,, ~---Uy..-..,~•"9-·-~ 1&. 1988 .ano WHEREAS. saoo c:onr-'I ~ ~ "* "9 c:,cn: -ay not enlarge 1111 ser,,c:e aru Wllhaul t11e-conNn1 oA !lie City. NOW, THEREFORE, ,n ~ of the mun,at c:,-..-0 anc undertalungs t,ere,n Mt fortll . ft part191 agrw as rclloWI . 1 The Cdy ne,et,y c:o,-,ts 10 u,e ,nctu"'°" of cana,n accte'IAI ... localed in Douglas County , c~. -by T....-C. Smnn Ill & ;; .,..,,,. L. Smith anG men fully~ on E,cnb,t A attaened -o ano ,~ -by .-.nc:a. ,mo Soumgate 5-DilUM:I . The C,ty a9f9" :-a ..., acldlbOn81 -may be -wolh lhe -tacilitiel of the Oiscnc:. ana :-a :M City w,1 1ru1 ft --ve<J in1o the Cily·s tNnk line tn:,m -acc,ccnal -·al'" ac::aftlanCe""'" the Connec:tO<'s ~ c1a11111 ...,.,,__ ·! · 398 Acconlingly . ExMIII A ,.-10 in Paragraph 1 of ,,,. Connec:ors ~, c1a1ec1 -1e . 1988 . ,, ne,et,y -10 ,nctua• suer, acc,t>ona t srw 2. Eacn and ever, -_..., of u,e sa ,o Corra=r-1 ~ --1e . 1988 . --uncnange<1 . W WITNESS -«lf'. tM per-. have Ml thetf ~os an: ..... tt,,s _dayoA __ • ,,_ ATTEST CITY Cl.El'K (SEAL) CITY OF ENGLEWOOD ly·----------MAYOR II ~ E\ X H I B I T l . , • ' • • , -:t?'x' I - - .I <. • • EXHIBIT A (Legal Description} Lot 1, Tom Moore Subdivision County of Arapahoe State of Colorado "' - • .. I· • 0 1 2 I 0 ,. - .J • • -...... • • " . 8 CPJVE.::: BE L E"/I EW TE ,=:=: SEW~~~ LI NE RE~·· 8UR ... c.\.1ENT ARt. .. l..:: !. -· :::: I 0 ' - 1 • • I• • COUNCIL COMMUNICATION Date Agenda Item Subject License Agreement for 6" water September 8, 1998 10 a ii line at Bates and Emerson Initiated By Utilities Department I Staff Source Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Englewood Water and Sewer Board, at their August 18, 1998 meeting recommended Council approval of the License Agreement from Michael Thynne for 2880 S. Emerson St. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Mr. Michael Thynne submitted a License Agreement the purpose of installing a 6" water main to allow water service to the property owned by Michael Thynne at Lot 2, Brickard Subdivision just north of E. Bates on S . Emerson St. The proposed License Agreement would allow a sub-surface water line within a permanent easement granted to the City as Resolution No . 31, Series 1985 for a public cul-de-sac. Mr. Thynne's water main contractors will be installing the 6" water main in Emerson Street up to the City Ditch easement and continue construction on the south side up to Lot 1. The proposed License Agreement will allow the water main portion that crosses the City Ditch to be completed once the City Ditch is off-line in the fall. FINANCIAL IMPACT The adjacent owners are paying all water main expenses. Mr. Thynne has submitted a check to the Utilities Department in the amount of $4,100. (contractor's estimate) to complete the water main section crossing the City Ditch, in the event that the contractor defaults. UST OF ATIACHMENTS Proposed Bill for Ordinance License Agreement •· • 0 , - ORDINANCE NO ._ SERIES OF 1998 • • • BY AUTHORITY Am.I.POK I COUNCIL BILL NO . 51 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE AUTHORIZING A LICENSE AGREEMENT BETWEEN~ MICHAEL THYNNE AND THE CITY OF ENGLEWOOD, COLORADO FOR THE INSTALLATION OF A 6" WATER MAIN OVER THE CITY OF ENGLEWOOD'S RIGHT-OF-WAY FOR THE CITY DITCH LOCATED AT EAST BATES AVENUE AND SOUTH EMERSON STREET. WHEREAS, a request was made by Michael Thynne to install a 6" water main crosaing the City Ditch ; and WHEREAS , this license agreement will allow a sub-surface water line within a permanent easement which the Englewood City Council granted by the pasaage of Resolution No . 31, Series of 1995 for a public cul-de-sac ; and WHEREAS, this license agreement will allow Mr. Thynne's contractors to install the 6" water main in Emerson Street up to the City Ditch easement and continue construction on the south aide of Lot 1; and WHEREAS, this license agreement will allow the water main portion that croues the City Ditch to be completed once the City Ditch ia off-line in the fall; and WHEREAS, the Englewood Water and Sewer Board reviewed and recommended approval of this License Agreement at their Auguat 18 , 1998 meeting ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Se¢tjon I. The "License Agreement" with Michael Tbynne ia hereby accepted and approved by the Englewood City Council, the Liceme Agreement is attached hereto as "Exhibit A". Se¢tjon 2 . The Mayor ia authori:r.ed to execute and the City Clerk to attest and eeal the Agreement for and on behalf of the City of Englewood , Colorado. Introduced , read in full, and paaed on first reading on the 8th day of September, 1998 . -I - ., .. •· • 0 l -• -• • - Published as a Bill for sn Ordinance on the 11th day of September, 1998. Thomas J . Burns, Mayor ATTEST: Louc~hia A. Ellis, City Clerk I, Loucriahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and paaaed on first reading on the 8th day of September, 1998. Loucriahia A. Ellis -2- .. • • 0 r ,,.,, , I • 0 I• • ' LICENSE AGREEMENT THIS AGREEMENT, made and entered into as of the day of , 19 _b_y_a_n~d_...,..b-e~tween the CITY OF ENGLEWOOD, a municip-aTi---- corporation of Colorado, hereinafter referred to as and ---, hereinafter referred to as "Licensee,• WITNESSETH: The City without any warranty of its title or interest whatsoever, hereby authorizes Licensee, its successor, assigns, to install a ,,, ~ h " wtt r~-/Z. '-'Nt:.. the _c_i_t_y_•_s-r"""l""g ... h ... t""s---o-f~---w"'"a"'"y-f .... or the c ty D tch, descr . parcel of land situated in the .sw l I of section ~$"" , Township -~f-~"=""""'""'----,---,,------- Range 4// W"S-r of the 4, •""" P.H., county of Arapahoe, State of Colorad.-o-a'""n""d,...,,l_y..,.i_n_g_v""'i ... th.,..in the following described lines: The above-described parcel contains _ ...... ,_i~~_.L.._ ____ ~ acres, more or less. 1. Any constructioft''contemplated or performed under this License shall comply with and conform to standards for11ulated by the Director of Utilities of the City and such condtruction shall be performed and com~leted according to the plans, consisting of one sheet, a copy of which is attached hereto and made a part hereof. 2. The Licensee shall notify the City's Director of Utilities at least three (3) days prior to the time of commenceaent of the construction of, or any repairs aade to, Licensee's so that the City may, in .its discretion, inspect such operations. 3. Within thirty (30) days from the date of the co1111Dencement of construction of said I ... I • I T A . • . •· • 0 • • 0 I • • ;/ 6 wAT.:< 1-1,vE the Licensee shall complete such construction, place and maintain permanent, visible markers, of a type and at such locations as designated by the City's Director of Utilities, referring to the centerline of the installation and shall clear the crossing area of all construction debris and restore the area to its previous condition as near as may be reasonable. In the event the placing of the centerline markers and the clearing and restoration of the crossing area is not completed within the time specified, the City may complete the work at the sole expense of the Licensee. 4. The City shall have the right to maintain, install, repair, remove or relocate the City Ditch or any other of its facililties or installations within the City's rights- of-way, at any time and in such manner as the City deems necessary or convenient. The City reserves the exclusive .right to control all easements and installations. In the event the __ 6"w,1r1;~ Le,t,IE should interfere with any future use of the City's rights-of-way by the City, the Licensee shall, upon request and at its sole expense, relocate, rearrange, or remove its installations so as not to interfere with any such use. s. Any repair or necessary, in the Utilities because replacement of any City installation made opinion of the City's Director of of the construction of the ,, or other appurtenant natal at on thereof, shal the sole expense of the Licensee. be ma eat 6. The stipulation and conditions of this License shall be incorporated into contract specifications if the construction herein authorized is to be done a contract basis. 7. The rights and 7;rivileges granted in this License shall be subject to prior agreements, licenses and/or grants, recorded or unrecorded, and it shall be the Licensee's sole responsibililty to determine the existence of said documents or conflicting uses or installations. s. The Licensee shall contact and fully cooperate with the City's personnel and the construction shall be completed without interference with any lawful, usual or ordinary flow of water through the City Ditch. Licensee shall assuae all risks incident to the possible presence of such waters, or of storm waters, or of surface waters in the City Ditch. 9. All trenches or holes within the City's rights-of-way shall be backfilled and tamped to the original ground line in layers not to exceed six (6) inches loose aeasure to a compaction of ninety per cent (901) Standard Proctor Maximum Density. • ..... •. I· • 0 , ]- ] • • • • <. 10. Licensee, by acceptance of this license, expressly assumes full and strict liability for any and all damages of every nature to person or property caused by water from the ditch leaking through the ditch banks or pipeline at the point or points where the Licensee performs any work in connection with the crossing provided by this license. The Licensee assumes all responsibility for maintenance of the installation. 11. Licensee shall indemnify and save harmless the City, its officers asnd employees, against any and all claims, damages, actions or causes of action and expenses to which it or they may be subjected by reason of said 6 11 "'1 A TE IC. L, !':I£ being within and across and under the premises of the City or by reason of any work done or omission made by Licensee, it• agents or elllployees, in connection with the construction, replacement, maintenance or repair of said installation. 12. It is expressly agreed that in case of Licensee's breach of any of the within promises, the City may, at its option, have specific performance thereof, or sue for damages resulting fr011 such breach. 13. Upon abandonaent of any right or privilege herein granted, the right of Licensee to that extent shall terainate, but its obligation to indeanify and save banal••• the City, its officers and employees, shall not terainate in any event. In granting the above authorization, the City reserves the right to make full use of the property involved as may be necessary or convenJ.ent in the operation of the water works plant and system unc!e'!-the cont~ol of the city. IN WITNESS WHEREOF, this instrument has been executed as of the day and year first above written. ATl'EST: CITY OF ENGLEWOOD, City Clerk Mayor APPROVED AS TO FORM: ~~ LICAGOVR ,, - . ' •, .. "' I • • 0 l -• • • • LOTS 1 AND 2 8ICKHARD HALF ACRE SUBDIVISION WANER PART OF 11-E 'SN 1/4 OF 11-E NW 1/4 OF 11-E NW 1/4 OF sec. 35, T. 4 a. R. ea w. OF 11-E mi P.M.. CITY OF ENGLEWOOD, COlM'Y OF ARAPAHOE. STAlE OF ca..ORADO ~ " ' I" • ......... ; I !llmS; ..... z /;--~---.-U.T 0, WcQ.NRU ,o,tUT MIU. ~.......,.~Off '°" ITWU'T' ~SU 100K •;; dl r~ .............. I I I PLAN SC,OL£: , • -50' -,~,---.. = 1. IIOIIE 22"t HOU IN ElOSTiNC ~ CONllW:T'OII TO F1EI.D V(Jl'JFY MO INOIIJ [laST1IIG REINFORCING (F POSS*[) IIUOII 11)111NG. IIDU\.TINC r;,,I' ~ K ~ Wl1H --~ GROUT. 2. DITCH $NALL ti[ &tCK-f"U!D TO [)DSTINC ~ Wl1H A 50ll SOIL MO 50ll IIOITONTt IIIX1UM CQW',cm) TO CllY ST #IQIIIDS. 3. PPE EXCAVATION TO ti[ FUD) Wl1H ru> F'lJ. 'TO A Dtl'™ a, ON( l'OOT IEL.OW 114[ Dl$TlHC GIWl[ Wl1H A 50ll SOIL MO 50ll IOffl)NT[ lllllC!\JII£, JZ ,· .. COit, 0, 1IC .. ,,. 0, nc NW 1/4 0, ,,.., ... 1/4 0, KCTt0N J.I THE CITY OF ENGLEWOOD UTILITIES OEPARTUENT CITY DITCH uca.sE GRANTED TO PIJBUC WORKS DE?T . TO CROSS wt™ a• WATER UNE . , • . .. •· • 0 , 2 -• • • <. - COUNCIL COMMUNICATION Date Agenda Item Subject License Agreement with Daniel September 8, 1998 10 a iii Brost Initiated By Utilities Department I staff Source Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Englewood Water and Sewer Board recommended at their August 18, 1998 meeting Council approval of the Ordinance for the License Agreement with Daniel Brost for an encroachment of a bam in a water main easement right-of-way. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The License Agreement is for Mr. Brest's utility bam to encroach into Englewood's Mclellan raw water main right-of-way. The City reserves the right to make full use of the easement as necessary for the operation of the water main and is not liable for any damages to the structure . If the current owner transfers or sells the property, the encroaching structure will be removed from easement. FINANCIAL IMPACT None . UST OF ATIACHMENTS Proposed Bill for Ordinance License Agreement between the City of Englewood and Daniel C . Brost . , •. .. • • 0 , ]- • "' - • I• . • ' .. JI), r,; BY AUTHORITY ORDINANCE NO ._ SERIES OF 1998 COUNCIL BILL NO . 50 INTRODUCED BY COUNCIL MEMBER~~~~~~ AalU,IO& AN ORDINANCE AUTHORIZING A LICENSE AGREEMENT BE'lWEEN nit DANIEL BROST AND THE CITY OF ENGLEWOOD. COLORADO FOR A BARN WHICH WAS BUILT ON THE RIGHT·OF·WAY FOR THE CITY'S WATER LINE. WHEREAS. a request was made by Daniel Broast to retain his barn which was built on the City Ditch; and WHEREAS. the barn was apparently built in good faith and pursuant to a City of Littleton Building Permit; and WHEREAS. this license agreement allows the barn to remain only so long aa it does not interfere with the City's use of its Right·Of.Way; and WHEREAS. the Englewood Water and Sewer Board reviewed and recommended approval of this License Agreement at their August 18, 1998 meeting ; NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO. AS FOLLOWS : 5cs;tiqn 1. The "Licenae Apeement" with Daniel C. Broet ia hereby accept.ad and approved by the Englewood City Council, the Licenae . .\p'eement ia attached hereto as "Exhibit A". Sgctjgp 2. The Director of Utilitie1 ia authorized to execute and the City Clerk to attest and seal the Agreement for and on behalf of the City of Eqlewood, Colorado. Introduced. read in full . and paued on first readins on the 8th day of September, 1998 . Publiahed aa a Bill for an Ordinance on the 11th day of September, 1998. Thoma, J. Burna. Mayor ATTEST: Loucriabia A. Ellia , City Clerk -1- . . ' ' ' .. . ~ . • . •· • 0 ]- • • • . . - I, Louc:riehia A. Ellia, City Clerk of the City of Enciewood, Colorado, hereby certify that the above and foregoin( ii a true copy of a Bill for an Ordinance, introduced, read in full, and pa&Nd on fint readin( on the 8th day of September, 1998. Loucriahia A. Ellis -2- . ' • • 0 r -I ]- • 0 , . • LICENSE AGREEMENT THIS LICENSE AGREEMENT, made this day of 19~ between the CITY OF ENGLEWOOD, a municipal corpora non of the State of Colorado, herein referred to as "City", and Daniel C . Brost herein referred to as "Licensee". WITNESSETH The term "Licensee" shall include employees, agents and contractors of Licensee . The term "property" as used herein refers to real property and includes easements, rights of way , and other City interests in land and may sometimes be referred to herein as "City property". The City , by these presents, without warranting title or interest, and subject to the covenants hereinafter set forth, does hereby authorize the Licensee, its successors and assigns. to: Keep a barn, as it is currently constructed and located as of the date of this Agreement, which currently encroaches on the City"s Right-Of-Way easement for a water main, which is described as follows : 1. A Right-Of-Way 20 feet in width, over and across Block 45 Wolhurst Hqtrs .. Arapahoe County, Colorado, the center line of which is described as follows : Beginning at a point on the west line of Santa Fe Street, said point being 280 feet north of the south-east cor:ier of Block 45 Wolhurst Hqtrs., Arapahoe County. Colorado: thence west and parallel to the south line of said Block 45 to the west line of said Block 45, the west line of Block 45 being common to the east R.O.W. line of the Denver and Santa Fe Railroad. All located in the S .W . 1/4 of Section 32-T5S-R68W of the 6~ P . M., Arapahoe County, State of Colorado. Recorded in the County of Arapahoe. Colorado Filed at Book 1524 , Pages 532-533 . Dated June 18, 1964 In granting dus License. the City reserves the right t0 make full uae of the easement of Right-Of-Way involved as may be necessary or co:i.,·enient in the operation ofthe City's property and the City retains all rights to operate, maintain, install, repair, remove or relocate any of its facilities located witlun the City's euement of Ri1ht-Of- Way at any time and in such a manner as it deems neceuary or convenient. In the event Licensee·s installations should interfere with -:.he City's UH or operation of its property, at any time hereafter, Licensee shall, upon reque1t by the City and at Licensee's sole expense, immediately relocate , rear.anp or remove ita installation so as not to interfere with any such City UH . ,,,_ • ,. h I • I T A ., •· • 0 , - • - • 0 l • - 2. The rights and privileges granted in this License shall be subject to prior agreements, licenses and/or grants, recorded or unrecorded. and shall be the Licensee's sole responsibility to determine the existence of said documents or conflicting uses or installations. 3. The Licensee shall have the right to maintain the above described parcel including but not limited to planting and trimming grass and/or bushes, fertilization and irrigation and removal of trash and brush. Further, the Licensee may maintain the structure described above in the easement or Right-Of-Way subject to the terms and conditions of this Agreement. No expansion or modification to the existing structure may be made without the express written consent of the City. 4 . In the event of an emergency or any other failure of any City owned facility within the easement or Right-Of-Way , the City will not be liable for any damages to any structures of the Licensee in the easement or Right-Of-Way due to failure of the City's facilities or any subsequent repair or maintenance activities. 5 . Access to the easement of Right-Of-Way , by City personnel. must be maintained by Licensee for purposes of inspection and maintenance . 6 . No construction or excavation shall be allowed on this easement or Right-Of-Way without express written consent of the City. 7. Upon destruction of the structure or abandonment of any right or privilege herein granted, the right of Licensee to that extent shall terminate. but its obligation to indemnify and save harmless the City, its officers and employees, shall not terminate in any event. 8 . This License may be terminated by the City at any time with or without cause. 9 . The rights granted Licensee hereunder may not be transferred or assigned without the written consent of the City. If the Licensee shall transfer or sell the property which is subject to the easement of Right-Of-Way , all structures encroaching into the City's easement or Right-Of-Way shall be removed from said easement or Right-Of- Way. 10. Licensee shall comply with all applicable laws and ordinances and all rules. regulations and requirement& of any environmental standards and conditions of the premises . If, as a result of the Licensee 's occupancy of the premises and ita operation hereunder. any such law, ordinance, rule or regulation is violated, Licensee shall protect. save harmless, defend and indemnify City from and acainst any penalties, fines , costs and expenses includinc lecal fees and court costs incurred by the City, caused by , resulting &om or connected with such violation or violations. In granting the above authorization, the City reserves the right to make full use of the easement or Right-Of-Way involved as may be nece .. ary or convenient in the operation of the water worka plant and system under the control of the City. -2- f ••• ..... • .. • • • 0 , ? ]- • • • . . IN WITNESS WHEREOF . this instrument has been e:.:ecuted as of the day and year first above written. CITY OF ENGLEWOOD Stewart Fonda, Director of Utilities LICENSEE : -3. . , ·' 'I .. • • 0 .,. • • • '· COUNCIL COMMUNICATION Date Agendaltem Subject City Ditch Easement September 8 , 1998 10 a iv Acquisition -3701 S. Logan St. Initiated By Utilities Department I Staff Source Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Englewood Water and Sewer Board, at their August 18, 1998 meeting, recommended Council approval of the Grant of City Ditch Easement for the First Church of Christ, Scientist at 3701 S. Logan St. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The property located at 3701 S. Logan St. is owned by the First Church of Christ, Scientist. The Church has agreed to grant the City an easement to pipe the City Ditch that runs through the front portion of their property, along South Logan Street. This agreement would be mutually beneficial in that the easement allows the City to pipe the City Ditch and improve water flow and in tum will stabilize the church's front concrete porch, which is being undermined by ditch seepage. They are granting a standard 25' easement along the City Ditch. The Utilities Department wishes to acquire a formal, recorded easement for this section of the City Ditch . Not all sections of the City Ditch are in recorded easements or rights-of-way. In some sections, the City Ditch is not in recorded rights-of-way, but in an easement by prescription. As opportunities arise, the Utilities Department is attempting to acquire easements . Easements by prescription allow the City to maintain the ditch as-is, where-is with no improvements. Formal easements allow the City to improve the ditch . Englewood's City Attorney has reviewed the easement. FINANCIAL IMPACT None. UST OF ATTACHMENTS Grant of City Ditch Easement Proposed Bill for Ordinance . , • . •· • 0 f -I ]- ORDINANCE NO ._ SERIES OF 1998 • • • .. BY AUTHORITY ,, COUNCIL BILL NO . 52 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE AUTHORIZING A "GRANT OF A CITY DITCH EASEMENT' BETWEEN THE FIRST CHURCH OF CHRIST, SCIENTIST AND THE CITY OF ENGLEWOOD , COLORADO FOR A 25' EASEMENT ALONG THE CITY DITCH LOCATED AT 3701 SOUTH LOGAN STREET. WHEREAS , the First Church of Christ, Scientist is the owner of 3701 South Logan Street and the City Ditch runs through the front portion of this property; and WHEREAS , the City of Englewood desires to pipe the City Ditch which runs through the front portion of this property along South Logan Street; and WHEREAS , this agreement would be mutually beneficial in that the euement allows the City to pipe the City Ditch and improve water flow and in turn will stabilize the Church's front concrete porch , which is being undermined by ditch seepage; and WHEREAS , this agreement will give the City an euement and allow the City to maintain and improve the City Ditch; and WHEREAS , the Englewood Water and Sewer Board reviewed and reco-ended approval of this License Agreement at their Aucuat 18, 1998 meeting ; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Section l . The "Grant Of City Ditch Eaaement" with the First Church of Chriat, Scientist is hereby accepted and approved by the Englewood City Council, the KOrant Of City Ditch Eaaement" is attached hereto aa "Exhibit 1". $ectjop 2. The Mayor is authorued to execute and the City Clerk to atteet and aeal the Agreement for and on behalf of the City of Englewood, Colorado . Introduced , read in full , and puaed on firat readin& on the 8th day of September, 1998 . -1- -----.-._._.Yllillllr. I ... ' . .. •· • 0 ]- - • • • . . Published as a Bill for an Ordinance on the 11th day of September, 1998. Thomas J . Burns, Mayor ATTEST: Loucriahia A . Ellis, City Clerk I , Louaiahia A. Elba, City Clerk of the City of Enc}ewood , Colorado, hereby certify that the above and foresoinc ia a true copy of a Bill for an Ordinance , introduced, read in full, and paaaed on tint readinc on the 8th day of September, 1998. Loucriahia A . Elba -2 - ------' . ' • .. • • 0 l ,..,.. . I • • • • GRANT OF CITY DITCH EASEMENT TIIlS GRA.i'IT ofGity Ditch Easement (this "Grant") is made this __ s_t_h __ _ day of August , 19 _9_8 ___ by First Church of Christ Scieotlst, EogJawood, CO whoseaddressis 3701 s. Logan Street Englewood, CO 80110 in favor of the CITY OF ENGLEWOOD ("Grantee") whose address is 3400 S . Elati St., Englewood, Colorado 80 110 . The parties covenant and agree as follows : I . Easement Property . The "Easement Property" shall mean the real property located in the County of Arapahoe, State of Colorado , more particularly described on Exhibit A, consisting of ___.l__ pages, attached hereto and incorporated herein by reference . 2. Consideration . As consideration for this Grant, Grantee has given Granter good and valuable considerations, the receipt of which is hereby acknowledged by Granter, which includes approximately six inches (6") of topsoil with an adequate amount of Bluegrass seed for the Grantor to reseed the easement . 3. Grant of City Ditch Easement . Granter hereby grants to Grantee, its successors and assigns , a perpetual , nonexclusive easement (the "City Ditch Easement) over, under, across and through the Easement Property for the purpose of constructing, operating, maintaining , repairing, replacing, removing, improving and enlarging the City Ditch . The City Ditch shall mean the City Ditch pipeline and all necessary underground and surface appurtenances thereto necessary or desirable for the transmission of water including, but not limited to , mains , conduits, vaults and ventilators . 4 . Access Grantee shall have the perpetual, nonexclusive right of ingress and egress in , to, over, through and across the Easement Property for any purpose necessary or desirable for the full enjoyment of the rights granted to Grantee under this Grant. 5 Restoration . Grantee agrees that after the construction, maintenance, repair, replacement or enlargement, if any , for the City Ditch, Grantee shall restore the surface of the Easement Property as nearly as reasonable possible to the grade and conditions it was immediately prior to said construction, maintenance, repair, replacement or enlargement, except as may be necessary to accommodate the City Ditch . Grantee agrees to restore and repair any improvements of Granter on the Easement Property which are damaged, modified or altered by Grantee during said construction, maintenance, repair, replacement or enlargement. Grantee further agrees to replace any topsoil removed from any cultivated or agricultural areas on the Easement Property and to remove any excess earth • u;; X H I B I T 1 ... •· I • 0 - • • 0 • resulting from said construction, maintenance, repair, replacement or enlargement, at Grantee 's sole cost and expense . 6 . No Improvements . Grantor covenants and agrees not to construct, erect, place or plan any "Improvements ," as hereinafter defined, on the Easement Property without obtaining the prior written consent of Grantee . "Improvements" shall mean any structure, building, planting, trees or shrubbery other than a grass-type lawn . Grantee shall have the right to remove, without any liability to granter, any improvements constructed, erected, placed or planted on the Easement Property without Grantee's having obtained the prior written consent of Granter. If such prior written consent is obtained, Grantee shall not be responsible for repair or replacement of the Improvements if they are damaged during construction, maintaining, repair, replacement or enlargement . 7 . Subjacent and Lateral Support . Granter covenants and agrees that Grantee shall have the right of subjacent and lateral support on the Easement Property to whatever extent is necessary or desirable for the full , complete and undisturbed enjoyment of the rights granted to Grantee under this Grant . 8 . Rights ofGrantor. Granter reserves the full right to the undisturbed ownership , use, and occupancy of the Easement Property insofar as said ownership, use , and occupancy is consistent with and does not impair the rights granted to grantee in this Grant. 9 . Abandonment . In the event that Grantee shall abandon the rights granted to it under this Grant , all rights , title and interest hereunder of Grantee shall cease and terminate, and Granter shall hold Easement Property, as the same may then be, free from the rights of Grantee so abandoned and shall own all materials and structures of Grantee so abandoned , provided that Grantee shall have a reasonable period of time after said abandonment in which to remove any or all Lines and Appurtenances from the Easement Property. In the event that Easement is abandoned by Grantee, Granter shall have the right , at its sole option, to require Grantee to remove or neutralize an y improvements constructed in the Easement by Grantee . I O Warranty of Title Granter warrants and represents that Grant or is the fee simple owner of the Easement Property and that Granter has full right , title and authority, that th is Grant is effective to grant and convey to Grantee the Wate r Line Easement , and that th is Grant of an easement is superior to all other grants Grant or further convenants and agrees to indemni fy , defend and hold Grantee harmless from and against an y ad verse claim to t he title to the Easement Property by all and every person or persons lawfull y claiming or to claim the whole or an y part thereof. 11 Binding Effect . Thi s Grant shall extend to and be bind ing upon the heirs , personal representativ es , successors and as signs of the respective part ies hereto The terms , covenant s, agreement s and co nd it ions in this Grant shall be construed as covenants running with the land -• . r,,~ .. I 'J • "' •· • 0 , I • ,,,_ • • IN WITNESS WHEREOF, the parties hereto has executed this Grant of Water Line Easement the day and year first above written . A~~T up~) ST A TE OF COLORADO ) ) ss . COUNTY OF ARAPAHOE ) GRANTOR : First Church of 3701 S. Logan Englewood, CO 80110 Acknowledged before me this 5th day of August as First Church of Christ, Scientist and Marv Ann Norblom as Chair1!lan of the Board / ,/ ' _ t1 . . Notary Public Christ, Scientist P.O. Box 1156 Englewood, CO 80150 (mailing address) ,19~ Address · _....;Jc...7....;0;...;l;;__;S;....;.......;L;;;..oc..g._a;...n~, _E_n_g,t..;;;.l...;;.e_w...;;.o...;;.o...:dc.:.,__;;C...;;0__;;8....;0...:1...:1;...0'---------- My Commission expires : ___ 1_0_/_l~S~/_2-0_0-1~-------------- ATTEST · GRANTEE : City of Englewood Loucrishia A. Ellis, City Clerk Thomas J. Burns Title : Na}tor • . .I • • 0 , - l;t~\H )' 125 '(R) 150' ~QC "'QC I\ >-ElCI STI NC F'l-:::; ii;;--C:.or CURB S - ...: en z l <I 2 · ~ a:I I wl :c , en I 0) r .! I 0) I -~ (q);(] :!, 50 ' 1:C ~ 1 ?~'{A) 12 5'(R)~!, 1J :AST LEHIGH • • • <. I--t-II I Z 1 ': I <. I J a:1 ,. C, ~ ~ ,, - 141 I r:ur.ic :, N . :•· ~10 & : 51 £1 0 p o ~p COi' II X .. I • I T A .. • • 0 , ' • . , Date September 8, 1998 Initiated By • • , . • '· COUNCIL COMMUNICATION Agenda Item 10 Ci Staff Source ,,,_ Subject A resolution to approve Old-Hire Firefighter Pension Plan affiliation with the Fire and Police Pension Association (FPPA) Department of Financial Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City Council has met with members of the Old-Hire Firefighter Pension Plan at study sessions in the past to discuss issues of common concern. RECOMMENDED ACTION Staff recommends that City Council approve the attached resolution. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The FPPA was created by State Statute to administer the statewide benefit plan for full-time paid firefighters and police officers hired on or after April 8, 1978. State Statutes (31-30.5.211) allow an employer to elect to affiliate with the FPPA by filing the appropriate resolution. This resolution will affiliate the current Firefighter Plan with the FPPA. FPPA will invest funds, pay retirees , and conduct actuarial studies for the old-hire firefighter plan. Upon afflication with FPPA, each individual active firefighter will have an option to elect to remain covered by the current City Plan or to be covered by the statewide benefit plan . On August 27 . 1998 members of the Old-Hire Firefighters Pension Board voted to affiliate with the FPPA . FINANCIAL IMPACT This action should not have an impact on the City's financial condition . The total cost of providing technical, investment, and actuarial services to the Plan should , if anything, be reduced by the affiliation . LIST OF ATTACHMENTS Proposed resolution • . •· • 0 , - - • DSOLUTION NO._ SERIES OF 1998 .. • • • A RESOLUTION AUTHORIZING THE ENGLEWOOD OLD-HIRE FIREFIGHTERS' PENSION PLAN AFFILIATION WITH THE FIRE AND POLICE PENSION ASSOCIATION (FPPA). f)v1 WHEREAS, Part 4 of Article 1, Title 31 , Colorado Revised Statutes (C.R.S .), as amended , establishes a statewide benefi plan for all full-time paid firefighters and police officers in the state hired on or after April 8, 1978 ; and WHEREAS , Section 31-30 .5-211 , C.R.S ., as amended, provides that an employer may elect to affiliate with the Fire and Police Pension Association as to its old hire (fire and/or police) pension plan by filing a resolution with the Association ; and WHEREAS, the fact that an employer elects affiliation does not mean that members of the Englewood Old-Hire Firefighters' Pension Plan hired before April 8 , 1978 are automatically covered by the statewide benefit plan as to retirement benefits but have an option to elect to remain covered by the old hire plan or to join the statewide plan; and WHEREAS, on August 27, 1998 members of the Old-Hire Firefighters' Pe1111ion Board voted to affiliate with the Fire and Police Pension Association (F.P.P .A .). WHEREAS, the Englewood Firefighters' Pension Board and the Enclewood City Council have determined it to be in the best intereat of the City of Englewood Old-Hire Firefichters' Pension Plan to affiliate with the Fire and Police Pe1111ion Association (F .P .P .A.); NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO , THAT : Se<;tjgp l. The Englewood City Council hereby authorius the Englewood Old-Hire Firefight.era Penaion Plan to affiliate with the Fire and Police Pe1111ion Aaeociation (F .P.P .A.) on January 1, 1999 . $eg,jgp 2 . In accordance with Section 31-31-701(4), the Englewood City Council doe• hereby requeet from the Board of Directon of the Fire and Police Pension Aaaociation (F .P .P .A.) an eetimate of the City ofEnclewood, Colorado contribution rate neceaaary to co mply with the contribution requirementa established by Article 30.5 and 31 , Title 31 , C.R.S ., as amended. . ' 1 .. •· • 0 I ]- ' • • - Sectjon 3. This resolution shall become effective September 8, 1998 and the Englewood City Clerk is directed to file a certified copy of this resolution with the Fire and Police Pension Association (F.P.P.A.) as soon after September 8, 1998 as is practicable, together with a list of the assets currently held by the Englewood Old-Hire Firefighters' Pension Plan. ADOPTED AND APPROVED this 8th day of September, 1998. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucriahia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No .~ Series of 1998. Loucriahia A. Ellis • • 0 f '>J I ]- ,· , • • ·, - <, COUNCIL COMMUNICATION Date Agenda Item Subject A resolution to approve Old-Hire Police Officers Pension Plan affiliation with the Fire and Police September 8, 1998 10 C ii Pension Association (FPPA) Initiated By Department of Financial Services I Staff Source Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City Council has met with members of the Old-Hire Police Officers Pension Plan at study sessions in the past to discuss issues of common concern. RECOMMENDED ACTION Staff recommends that City Council approve the attached resolution. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The FPPA was created by State StaMe to administer the statewide benefit plan for full-time paid firefighters and police officers hired on or after April 8, 1978. State Statutes (31-30.5.211) allows an employer to elect to affiliate with the FPPA by filing the appropriate resolution . This resolution will affiliate the current Police Officers Pension Plan with the FPPA. FPPA will invest funds , pay retirees , and conduct actuarial studies for the old-hire police officers plan. Upon afflication with FPPA, each individual active police officer will have an option to elect to remain covered by the current City Plan or to be covered by the statewide benefit plan. On August 27, 1998 members of the Old-Hire Police Officers Pension Board voted to affiliate with the FPPA. FINANCIAL IMPACT This action should not have an impact on the City's financial condition . The total cost of providing technical , investment, and actuarial services to the Plan should, if anything , be reduced by the affiliation . LIST OF ATTACHMENTS Proposed resolution . ' • . •· • 0 r ~,, I ]- • • • ... $ectjon 3. This resolution shall become effective September 8, 1998 and the Englewood City Clerk is directed to file a certified copy of this resolution with the Fire and Police Pension Association (F .P.P.A.) as soon after September 8, 1998 as is practicable, together with a liat of the assets currently held by the Englewood Old-Hire Police Officers' Pension Fund. ADOPTED AND APPROVED this 8th day of September, 1998. Thomas J. Burns, Mayor A'M'EST: Loucriahia A. Ellis, City Clerk I , Loucriahia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No .~ Series of 1998. Loucriahia A. Ellis . ' • . .. • • 0 , "l '> VI J- Date September 8, 1998 Initiated By • 0 • COUNCIL COMMUNICATION Agenda Item 11 a i Staff Sources Subject Planned Unit Development - 3095 South University Blvd . Heartland Group of Companies and Davis Partnership, P.C ., Architects Robert Simpson, Director of NBD Harold J . Stitt, Senior Planner COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The subject area was annexed by the City in 1946 and rezoned to the current R-1-A Zone classification in 1955 . In 1964 Council approved the Hampden Hills Baptist Church Subdivision . A third lot was created in this subdivision with the approval of a Subdivision Waiver in 1982 . The Planning Commission considered t ortuary Planned Unit Development at a public hearing on August 4, 1998. After consi rin stimony, evidence and staff report, the Commission voted to forward the PUD to City Council with a recommendation for approval. The Commission vote was six in favor , two opposed and one absent. RECOMMENDED ACTION Staff recommends that Council consider the proposed bill for an ordinance on first reading, and set October 5 , 1998 as the date for the Public Hearing on the proposed Newcomer Mortuary Planned Unit Development. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The application was filed by Heartland Group of Companies and Davis Partnership P .C ., Architects. Heartland Group of Companies is the parent company of Newcomer Family Mortuary, the proposed operator of the mortuary/chapel. The application requests rezoning from R-1-A , Single-family Residence , to PUD , Planned Unit Development to allow the addition of "mortuary" to the current list of R-1-A District permitted uses . The subject site is composed of two separate parcels . The northern parcel is 1.03 acres in size and is vacant. Approximately two years ago, this parcel was the subject of a rezoning and Planned Development proposal for an assisted living facility . This proposal was denied . The second parcel is 1.35 acres in size, and is developed with God's Miracle Church . Under the proposed PUD, Heartland Group of Companies will purchase both parcels , and develop a mortuary/chapel use in conjunction with the existing church . Improvements to the site would include a 41 -space parking lot developed on the north side of the church with a heavily landscaped area buffering the parking lot from the adjacent residential uses . A 6,000 square foot addition is proposed for the south and west sides of the existing church structure . The addition will contain mortuary offices as well as a new main entrance for the church and mortuary. The existing parking lot to the south of the church will be improved with the entrance being moved to the west side of the property , new landscaping and lighting . Curb , gutter and sidewalk will be installed along East Dartmouth Avenue and South Un iversity Boulevard . ' 1 .. -; · Hit • .. •· • 0 , • • • (, The mortuary use will specifically prohibit any body preparation procedures and cremation on site. The mortuary use will include offices for administrative functions and funeral arrangements, viewing and visitation rooms, and merchandise display space. Funeral services will be held in the existing sanctuary space . God's Miracle Church would still continue to lease the property for their services and functions. The District Plan and the Site Plan were combined and submitted as one document for the consideration by staff and by the Commission. The proposed PUD meets the intent of the PUD Ordinance. FINANCIAL IMPACT There may be some sales tax revenue from sale of caskets. UST OF AnACHMENTS Proposed Bill for Ordinance Findings of Fact Staff Report -------. • I • . .. • • 0 -• • - CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN TIIE MATTER OF CASE #PlJD.98-01 FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATIONS RELATING TO A PROPOSED REZONING FROM R-1-A SINGLE-FAMD..Y RESIDENCE, TO PUD, PLANNED UNIT DEVELOPMENT FOR PROPER1Y AT 3095 SOU111 UNIVERSI1Y BOULEVARD,ENGLEWOOD,COLORADO INl11ATED BY: DA VIS PARTNERSIDP, P.C., ARCIDTECTS; AND HEARTLAND GROUP OF COMPANIES FINDINGS OF FACT AND CONCLUSIONS OF THE CI1Y PLANNING AND ZONING COMMISSION - Commission Members Present: Welker. Weber . Hayduk . Homer. Lathram . Rininger. Tobin. Douglas Commission Members Absent : Dummer This matter was heard before the City Planning and Zoning Commission on August 4. 1998 . in the City Council Chambers of the Englewood City Hall. Testimony was received from staff. the applicant. and from members of the audience . The Commission received notice of Public Hearing, the Staff Repon. the Cenification of Posting, and letters from residents who could not be in aneodance, wb.ich were incorporaled into and made a pan of the record of the Public Hearing . After considering the statements of the witnesses, and reviewing the pertinent documents. the members of the City Planning and Zoning Commission made the following Findings and Conclusions . FINDINGS QF FACT I. THAT this issue was brought before the Commission upon application filed by Lynn ~oore. FASLA. Davis Partnership P .C .. Arcb.itects and by Ren Newcomer. Heartland Group of Companies . 2 . THAT notice of the Public Hearing was published in the Englewood Heillll on July 24 . 1998 . 3 . 111AT the propeny was posted by the applicant for a minimum of 15 days . which posting included the date . time. location, and purpose of the Public Hearing. 4 . 111A T staff presented testimony regardin& the requested change of zoning from R-1-A. Single-family Residence, 10 PUD, Planned Unit Development for propeny commonly addressed as 3095 Sourh Univer- sity Boulevard . The application for a change in zoning encompasses two parcels: a vacam 1.03 acre site abuning the Denver/Englewood City boundaries . and a l .3S acre parcel which is the site of God's Mira- cle Church. The rezonin1 request was filed to add ·monuary• as a permined principal use in the R-1-A Zone District as it applies to these !WO parcels of land . Staff testified that the PUD is in compliance with the District Plan requirementS : that the District Plan is consisteol with adopled and aenerally accepled standards of development in the City of EnaJewood: that all required documems . drawinp. referrals. recommendations and approvals have been received: that the District Plan is subR•otially comislcm with .. •· • 0 '~? ]- • 0 , . • the goals , objectives. design guidelines, policies and any other ordinance, law or requirement of= :iiy: that the PUD Site Plan is in conformance with !he Dis1rict Plan requirements : tha1 all require-.:. :iocu- ments . drawings. referrals. recommendations , and approvals have been received : that the PUD s,~ ?!an is consis1en1 with adop1ed and generally accep1ed sWldards of development of the City of Eng:~ood. and tha1 the PUD Site Plan is subs1an1ially consis1em wilh the goals , objectives. and policies anc. :r any other ordinance, law or requirement of the City. 4 . THAT Ms . Lynn Moore. of Davis Partnership P .C .. Architects, representing :-.tr. Ren Newcom~ iesti- fied tha1 the intent of the proposed rezoning 10 PUD is 10 include a morruary as a permirted princ:;-.a. use in the R-1-A Zone District on the 2 .03 acre site on the oonhwest comer of the East Danmow:: .... ve- nue /South University Boulevard in1ersec1ion. TI!e Newcomer morruary proposed in conjunction ·-·.i::::: the existing God's Miracle Church will not encompass a cremat0rium. embalming, or any form :r :xxiy preparation . Ms . Moore displayed conceptual renderings. and testified 10 on-site improvements i:-r:i;,osed by the applicants, including renovation and modernization of the existing church. clean-up and l=s.:ap- ing of the site, safety improvements including curb , guner, and sidewalk on the perimeter of = site : lighted parking lots; and the location of the proposed morruary/officei chapel which would adjoiI: = ex - isting church. Ms. Moore also testified 10 plans of Mr . Newcomer to correct existing drainage pr:=ms. removal of earth against fences. and replacement of fences along the nonh side . 5 . THAT Pastor John Bartlemay of God's Miracle Church. Mr. Owen Beaver . and Mr . Dan Donov= ;,re- sented 1es1imony in suppo11 of the proposed rezoning and morruary development . 6. THAT Fred Tromly , Ben Colkiu. Frank Miner. George Bodley , Jane Bremers. Sol Tucke:. :'~anz Hummell, Nancy Flanagan, Ed Berg. Louise una. and Rochele Luchiore. all testified in oppos;o:m 10 the proposed rezoning, citing concerns of traffic congestion. speed of 1raffic . the need 10 preser.-e ::ie R- 1-A Zone District, the need 10 prevent commercialization of this residential neighborhood. red= of property values as a resull of the rezoning and mortuary development , noise levels created by the !.~g church during the child ac1ivity times, whether adequate public D01ice had been given . the •negac-,~ • as- peel a mortuary would have on the neighborhood, and fears for future use of this site should the ::i;,rru- ary . if approved, not be successful . 7. THAT Fred Tromly presented 13 leuers 10 the Commission; Mr . Bodley submiued a wrirten s=em. and Mr. Berg submiued two wriuen statements. all in opposition 10 the proposed rezoning . 8. THAT Senior Planner S1iu presented a lener faxed 10 the office from Chris Milner and Terry C rc·,a ,;i:::: in favor of the proposed rezoning . 9 . mAT applicant Lynn Moore . in rebullal, testified to compliance with the public notification =e- ments of the City of Englewood . Ms . Moore also 1estified 10 notification 10 property owners ~.....:ding neighborhood meeiings , and reiierated previous testimony that Mr . Newcomer has commirted re :-:solv- ing drainage issues. safety issues as they pertain to the site , and reconstruction of new fencing a.1..,::g the north boundary of the site . 10 . I. • THAT several members of the Planning Commission posed questions of the applicant. propane=. and opponents , regarding the starus of the church if the mortuary is approved. the time of funeral prc =rnons if services are held at the morruary /church . clarificaiion of ownership of the two parcels of land . .:;,µting of parking lots. compliance of the church with current building code requirements . landscaping = visi - bility . and other points of concern regarding the proposal . CONCLUSIONS THAT proper ootice of the Public Hearing was given by postin& of the property and publicauc c: Notice of Public Hearing in the Englewood .Hcw!i on July 24 , 1998 . 2 • ..... - ,,, - ... 0 I • • 0 t 2X 2. • 0 • THAT the Planned Unit Development (PUD ) District Plan and Site Plan do meet the following criteria: a . The PUD District Plan is in conformance with the Disrrict Plan requirements and the Compre- hensive Plan; b . All required documents , drawings , referrals , recommendations and approvals have been re - ceived ; c . The PUD District Plan is consistent with adopted and generally accepted standards of develop- ment in the City of Englewood ; d . The PUD District Plan is substantially consistent with the goals , objectives. design guidelines, policies, and any other ordinance, law or requirement o f the C ity ; e . The PUD Site Plan is in conformance with the District Plan requirements ; f. All required documents , drawings , referrals, recommendations, and approvals have been re- ceived; g . The PUD Site Plan is consistent with adopted and generally accepted .standards of development of the City of Englewood; h. The PUD Site Plan is substantially consistent with the goals , objectives and policies and/or any Olber ordinance , law or requirement of the C ity . 3 . THAT the application 10 rezone 2.3 acres on the northwest corner of tbe East Dartmouth Avenue /South University Boulevard in1ersec1ion from R-1-A, Single-family Res idence . 10 PUD , Planned Unit Devel- opment. and the development of a Newcomer Mortuary in conjunction with the existing Church , is a rea- sonable use of the subject properties . DECISION THEREFORE, it is the decision of the City Planning and Zoning Commission !bat the request to rezone the northwest corner of the South University Boulevard/East Dartmouth Avenue intersection from R-1-A , Single- family Residence, 10 Planned Unit Development should be recommended 10 City Council for approval . The decision was reached upon a vote on a motion made at the meeting of the City Planning and Zoning Commis- sion on August 4, 1998 , by Homer, seconded by Welker, which motion states : ~ Planning Commission accq,r staff r«orn1Mndation to approvr thL PUD filed by Davis PanMrship P. C., Ar- chit«is, and HeanlDnd Gro,,p of Companirs. for PrrlfN"Y a1 3095 Soulh Uniwrsiry lloluvard. with thL cawaJ thal thL applicOIII IIULSt own thL prrl(Nny; if. for a,ry rrason , thL applicOIII dors not gn title to thL prrl(Nny, said PUD will b«CHM IUlll and void. 71tis r«OffllllffllUd approval shall br forward«J to City COIUICil for favorabk consukraJion . AYES : Hayduk . Homer, l..atbram , Weber , Welker. Douglas NAYS : Rininger , Tobin ABSTAIN : None ABSENT : Dummer The mot ion carried . These Findings and Conclusions are effective as of tbe meeting on August 4 , 1998 . BY ORDER OF nu: crrv PLANNING " ZONING COMMISSION am"~ 3 •. .. •· • 0 ' ] • • 0 I • • \I E }I u R .\ \ D l }I TO: Planning and Zoning Commission THRU: Robert Simpson, Director of Neighborhood and Business Development FROM: Harold J . Stitt, Planning Community Coordinator DA TE: August 4, 1998 SUBJECT: Case PUD-98-01 -Public Hearing. Newcomer Mortuary Planned Unit Development South University Boulevard and East Dartmouth Avenue APPLICANT: Lynn Moore. FASLA Davis Partnership P .C., Architects 1775 Sherman Street, Suite 3100 Denver, CO 80203-4325 Ren ~ewcomer Heartland Group of Companies 400 South Kansas A venue, Suite 200 Topeka, KS 66601-2729 PROPERTY OWNER: American Baptist Churches of the Rocky Mountains 3095 South University Boulevard Englewood. CO 80 l I 0 Malireddy S . and Syama M. Reddy 1250 South Parker Road Den ver. CO 8023 I REQUEST: The applicant has submitted a Planned Unit Development application to rezone the northwest comer of South University Boulevard and East Dartmouth Avenue from R-1-A, Single-family Residence District to PUD . RECOMME~A TION: . The Department of Neighborhood and Business Development recommends that the Planning and Zonmg Commission approve the proposed Newcomer Mortuary Planned Unit Development. LOCATION OF PROPERTY: The subJect site 1s composed of two parcels totaling 2 .38 acres . The northern parcel is vacant and contains 1.03 acres . The southernmost rarcel includes a church and contains 1.35 acres . The site is located at the northwest comer o South University Boulevard and East Dartmouth Avenue . The si te is bounded by South University Boulevard on the east, fast Dartmouth Avenue on the south. East Dartmouth Place on the west, and the Englewood/Denver boundary on the north . The surrounding area in Englewood is zoning R-1-A . The adjacent area in Denver is • • •· • , 2 -• 0 , . • • zoned R-1 , a zone classification similar to the R-1-C Zone District in Englewood. Single-family uses surround the site on all sides. BACKGROUND The subject site was annexed into the City of Englewood in 1946 and was zoned R-1, Residence District. [n 1955 this area was rezoned to the current R-1-A classification . [n 1964 , the subject site was subdivided as part of the Hampden Hills Baptist Church Subdivision. This subdivision included five lots on the east side of East Dartmouth Circle, Parcel "A" and Parcel "B". [n 198::. the owners of Parcel "B" applied for a Subdivision Waiver to funher divide this parcel. The approved Subdivision Waiver created a new Parcel "C", which together with the American Baptist Church parcel is the subject of this PUD request . The Planned Unit Development is a rezoning process that establishes specific zoning and site planning criteria to meet the needs of a specific development proposal that may not be accommodated within the existing zoning scheme. The PUD is composed of a District Plan which is the set of zoning regulations that will apply to the proposed development project. This District Plan is coupled with a Site Plan that specifies the general site design of the proposed development . As with any rezoning, the PUD proposal must be consistent with the goals of the Comprehensive Plan . ANALYSIS: The District Plan and the Site Plan have been combined and submitted as one document for concurrent review, as provided for in the PUD Ordinance . PUD District Plan The proposed Newcomer Mortuary Planned Unit Development applies to the existing church facility and the adjacent vacant parcel. The proposed PUD will permit all of the principal permitted uses currently allowed by the R-1-A, Single-family Zone District with the addition of mortuary/funeral home not including embalming or cremation . The Planning and Zoning Commission is required to make the following findings concerning the Newcomer Mortuary PUD District Plan : /. The PUD District Plan is. or is not. in conformance with the District Plan requirements and the Comprehensive Plan ; and The proposed Newcomer Mortuary PUD is in conformance with the applicable requirements set forth in Section 16-4-IS E. 3 e . PUD District Plan. 2. All required documents , drawings . referrals . recommendations , and approvals have been re ceived ; and All appropriate documents concerning the proposed Newcomer Mortuary PUD have been received and referrals to outside agencies have been made . 3. Th e P UD District Plan is co nsistent with adopted and generally accepted standards of deve lopment in the City of Englewood; and The proposed PUD District Plan is based on and consistent with the existing R-1-A. District regulations . The PUD District Plan modifies the R-1-A District regulations by: I . Adding Mortuary/Funeral Home as a pennitted use . 2. Prohib iting embalming and cmnanon. 2 • ...... . -. 1, . . ( •. ... •· • 0 , • 0 • 4. The PUD District Plan is substantially consistent with the goals, objectives. iesign guidelines , policies and any other ordinance, law or requirement of the City ; and The proposed Newcomer Mortuary PUD District Plan is in conformance with :iil other ordinances . laws and requirements of the City. 5. When the PGD District Plan is within the -Englewood Downtown Development .-!i.:hority (EDDA) area. the Plan is consistent with the EDDA approved designs . policies and plans. Not applicable . PUD Site Plan The proposed :-Jewcomcr Mortuary PUD Site Plan sets forth the site planning and jcsign parameters within which the proposed development will occur. The Planning and Zoning Commission is required to make the following findings conce:-c:ng the Newcomer Mortuary Pu'D Site Plan: I. The PUD Site Plan is. or is not. in conformance with the District Plan requirements: ar .. d The proposed ~ewcomer Mortuary PUD Site Plan is in conformance with the ~e\v;:omer Mortuarv PUD District Plan. The PUD Site Plan establishes the size, orientation. :md location ·of the proposed storage structures . The PUD Site Plan also includes a lane.scape plan which provides details as to location of landscape areas and the plant species :o be used and building elevations which illustrate the design of the proposed structures ~ well as materials to be used . 2. Ail required documents, drawings , referrals , recommendations. and approvals hcr.·e been received; and All required documents and other materials have been received and incorporated i.I:to the proposed PUD Site Plan. 3. The P UD Site Plan is consistent with adopted and general(v accepted standards of development of the City of Englewood: and The proposed PUD Site Plan is consistent with the development standards set forth in the PUD District Plan . 4. The P UD Sit e Plan is substantially consistent with the goals . objectives and policies :ind/or any other ordinance. law or requirement of the City. The proposed Newcomer Mortuary PUD Site Plan is in conformance with ail other ordinances. laws and requirements of the City . This proposed PUD meets the intent of the PUD Ordinance by providing for a use that while not permitted by the underlying zoning is compatible with the eitisting church use and adjacent neighborhoods . The design of the proposed addition will be consistent with the desigi: of the citisting church in terms of architecture , scale , colors , materials, and landscaping . The overall site layout is well designed given the proitimity of adjacent residential uses and results in a total development that is well integrated and unified . 3 • ...... ,,, - •. 0 •· • ]- • • • .. The proposed Newcomer Mortuary PUD is consistent with the Comprehensive Plan and will contribute to the stability of the neighborhood by creating a landscape buffered open space on a parcel that has been the subject of considerable development pressure. CURRENT ZONE DISTRICT: R-1-A, Single-family Residence District. LEGAL DESCRIFrIQN: See PUD, Sheet 2 of3 DEPAR~ AND AGENcy REVIEW: Department0Public Works: The curb cuts as shown on the proposed PUD do not meet City standards. Please contact the Public Works Department for the cWTCDts standards. NEIGHBQRB~P MEETING SUMMARY: See Section ivotbe PUD District Plan Narrative H:IOROUPIBOAJlOSIPLANCOMM\ST AfF REPORTS 91\PU09IOI .D0C 4 •· • 0 I ,,. .. I • 0 , . • . . ... CITY OF ENGLEWOOD DEPARTMENT OF NEIGHBORHOOD AND BUSINESS DEVELOPMENT J.IUU Soulh Elali Street Ea11e..-. co 11110 762 .ZJ.12/FAX 762·2659 www.d.eapeweod.co.111 LAND DEVELOPMENT APPLICATION FORM Oe\lelopmcnl N.unc: Newcomer Mortuary Propeny Address : 3095 South University Boulevard -'R.:..-..;l;.:.A:_ _____ AcrH~Ea.1111nas UM:: Chu ['ch . Vacant Lot Lt1a1 De,cripuon : _Se;•:.:•:.....:E::;X::;h..,la,b.,:1.,ct....:.:A ____________________ _ (auach >Cpala&c Jihcct ,r ncce~y' Applica11on Type: ReLOn1a1 : from R-l A to,_....;.P..:U.;;D _________ _ M0<11ficaoon o( Pbanod Unaa CleYC'-na:(_JAllmana..,..,.., U Formal D1)tm:1 Ptan Nunc: _____________________ _ Subd&VIS&OO :(_J Prel inunuy Map (_J Fiw Plai v~:mon 01 :f_J &lemcnt (_J R1p1 -01-w.ay CL>nJ111on.tl Uk Penmt for ___________________ _ Other _________________________ _ APPLICANT INFORMATION Name : Lynn ~oore Firm : Davis ?artnership P.C. Address : ____ ..,_l.,_i .,_7,_5-'Sa.,h,,_,e...,rcem!!a"!n~Scst.; . .._,.,.113~1,.:0<>0~.eD:,,e,,n:;.v•;.r~-,,Ca,0'-'8,:,0c,2.e0~3---------- PhonclFOIIE ·M•&I :_.,_(.,_3,,_0.,_3 L) _,Sa.,6"'1..:-:.,8'-'5'-'5'-'5:....,..(->..( "')Oe_3,_)'-'8,:,6c,l.::-.;.3,,_Q.._2 ,_7 ~(c......l.,19.,o,:,oc;r.5e;::•al!.daa v._, ... · s.,o..,aurc,t"'-n!.!e..,_r~._,.c,.om,._ __ Ardliuc11 P1ana1D1 c~mu11u11a1 ......... ConlilCl Person Namc :L"v_,,n:::n....:.:~O:.O:.<:.:•=------------------------- Firm : Davis Partnership P. C. AJdreu: 177 5 Shen11an St . i3l00 Denver CO 80203 Phone/Fu Numbcr/E -nwl()O)) 861-855~ / (JO~) 86(-362 . / laaoore~davi a partner .coa 1!aa1-fU11 COMUltaat lalonMdN Comae• Peuon Name. _ _:f..:r.::•.::d....:.T::.•:cf o::.v;:.;a=----------------------- Firm: Ki r kham Michael Conaultin5 En5ineers Addled: 7600 E. Orchard Road 12205, En5 l ewood, CO 80111 Phoae/Fu1E·m•&1 (303l ~94-2Joo I 003 > 694-"82:! PIIOPl!RTY OWNER INFORMATION: t..11 Lopl ._ ... --. ot.u-----•- 1n the hctan Jacnbw propcny. whether aai vw .... mor1...-. '-'-· upllOlla. hOWas OI .-Jl'il t.H tnaail. IIC. Fu, corpur-.ae ow11c:.-. or panacua,ps ... ~ Kf*IIIC ilMI ,r necaNI')' .......... Name : Ren ~e-.comer Phoac . (7 8 51 23 )-6655 ftrm: Heart l and Croup of Companies Addrca,· .oo S. Topeka Ave . 1 Suite 200, Topeka, l<S 66&03 ~ Nllffl<olCJf1'0l'•UoniP;arUWnlup _________________________ _ AJdrcu1C11ylS1IIICIZ1p ----------------...::------------ S1atc oCR&111,1nuon : ------------------------------N,.miu of 01fi~US/Pl11ncn _____________ _ (Ptc:be uad14:J&C '*ho Ttdc. T ille will be )li,mni, .w1 y .iwrccmcrus 1f nec:e.....-y ) CUTlnCATION: l hereby ccn1fy &llaa. ao ... bell of my~ -1 bolocl. oil ,ol-.......... -.... -- ,, INC .AnlJ .accur:wc JAJ '""' t.'.Oftliffll Of I .... pa10M ,, .... *>w, ....... .,.., .. C-...W IM ,...........11:tMNI ~ l1wA1Uy be .ccumpt1.,-.;, ha. -n ,, • ...,. ~Maalil ,._....".....,. .,...a 10 ta. c".,. or ea....,._, IIMI' 10 ,..,..caat.,. ....-• lhc wb~I pto pMy ....Sc~ pnot.i,p• • for -.. ol1M au SIGNATURE OF APPLICANT DAT£ .OIIOfflCI USR ONLY c--.._..._. __ ........ '---DIii ___ M · ·-""•----,._c_-,.. __ c.,c-,a.....,.. __ ~~aJ'-.wliu J.MWIJ.t,ck.lpwldtw• J....._.,,1 ,.-,f ,,,_ •. .. • • 0 ' -• 0 • APPUCATION REQUIREMENTS ~ bt6ow eecn type of app6lc;Mon carrNOCnl kt .. rulClerld suomn11 requ.,ements it tl'le nghl . All ~ reQU1remen11 mu.II De ......... _ .. __ ..,_.,.., ........... TYPE QF APl'l,ICAJ]QN NII FEES AEZOIING _ Planned Unn ~ Oi11rr:t (PIJO): $500 t, 3, 8, 9. 14, 20'. 21', 22', 23". 24', 25', 29', 27 _ Oth01 Oistnc,s: $300 • StO per acre t, 3, 8, 9, 12 or 13, 20', 21', 22', 23', 24', 25', 29' SUBDIVISION -Prtlomllllf'/ Mai>: _Rnodln1111: S100 + S5 por dlllli'I UOII _Non,rt-.ul: StOO • S10 Pl' acre t , 3, 8. 9, 15. 20', 22' FNI Plat: -Rtsrdonull: S200 • StO per acre =Non·r-: S200+S10poracre. t . 2. 3, 4, s. 8. 9, 16, 19, 20', 21', 22'. 23'. 24', 25', 211. 27 _ Lot lJnt Adjuslment: StOO t , 3. 4, 5, 16 19. 27 Minor Erro, COfflciJOn : No IN t , 3, 6. 16, 27 _ MafC)f Error Correction: S25 t , 3, 6, 16, 27 CONDIT10IW. USE P!NIT S50 .... RllCf1l19 .. Sulxi1rilion m,_ ... t , 3. 6. 8. 9, 12 °' 13, 17, 20', 21', 22', 23', 24', 25', 211' IIODIFICAllOII TO PUO Dl5TIICT PUN __ :StOO t . 3, 6. a. 9. "· 20·. 21·. u . 23'. 24', 25', w . 21 _ P1arvw,g C-: $150 1. 3. 6. a. 9, "· 20·. 21·. u . 23', 24', 25'. w . 21 -Cily Co.nal: (A!IPNI on,) S200 t , 3. 6.1. 9, 14, 20·. 21', 22'. 23'. 24', 25', 21", 27 VACATION: StOO t, 3.6.1, 9 ANNUATION: S tOO • S5 PEA ACRE 1. 3. 5. a. 9. 10. t t . 12. 21 IITI PUN IIEYIIW ---.StOO t , 3. 13, 21 ', 22', 23', 24', 25', 21·. 27 _Pt........aC-:S150 1. 3. a. 9. 13. 21·. 22'. 23', 24', 25', 21·. 21 -Cdy CW1CII. S200 1. 3. a. 9. tJ. 21 ·. 22·. 23', 24', 25', w . 21 AIIENDIIBIT1 TO SITI PUNI: S25 t , 3, 12, 13, 21 ', 22', 23', 24', 25', 29', 27 Al'l'EAI. Of SITE PUN D8UL l'f 1111 macnlR: S~ 1, 3, 7, I . 9, 13, 21 ', 22', 23',24', 25',29',27 --" _ _.,.., .. Dlt.-alNlic Woru 10 proctu your...-,..... SUBMITTAL REQUIREMENTS (1) One legClla ccoy \no lued COO-II at N ,ecoroeo WMMl'I OMG&ll 'elllcl:il'l9CUlf'tnlD'M"llf1nlD. !2) (IONalOnSIOt'IIICityaretoOlffiNI OM ... COD9'1nolUN CIIP9SI ot tMlDION 0..al ot Tt\rll, ~~ '"*°'....,.......,.,, lflOM llnOflcJ 191f1C*or ........ "'*'*'911191* CC1D111 Of ... CIOCll- ll'lenl!SI r.....-.::td...,.N11arJ,00mtll'IIIDl9'0t,-nwMN1 (3) 11 N IOOICll'M d IOffl9Dt'lt o'* Nn N aatlnl o.net, I .... Cl IIWIIDftUIOft~NIOOIQf!IIOIClon ..... ot .. O'lllftlf' (41 ,\f:11COffffllfllnl9'*~0Nf-.~IIQGlit<XJDa1allll f9CDflNOOOQ.lfllflll,......_.'MIM .. ._.blf'NDlllNINIJ90f rtlla9- IClnnwt'Oel'Oa11Gno ... tllftMO .... paQl'ION ...... G190f -{S)lll'll~Cf--lllCIDfliQfllan. ........... Of ........ lf'I ~or.....-1aac........,.l'III,...,......,.....,. IIIIIDIIIJl'Ol'l_.,of .. COIIIOfllQft.p,f_...,Of_,._1 _.be NIQWMrll'IIIOffllOf: jAjA.c:coyot .. ..._.ot~.._ .. ~..._,,,~ ................... ..nG'IMalN~ot..,,....u:o, Ill A car-. tofDCI'• ,......., oy .. allllPlft¥ boald OIi onc:n .....,~.,,. ........ tor .......... OOQIMfle. Ill r .,.,coesOII ...... ONC:r'GGlofllel .... . In T...,wyc.:c1Uofl...,ct1a11110nol ........ WICMll'l9N-* ~tW19ICICINIMM'ICl 1Ylllllealoftkll'""""'...-°'._...,. ~I..ODyfltC:V C..- (11 4......,.c,r,,.olillotlillo,coenyowners~f'lt._..rcalaat IIN. '1CIUG"9 OWN! I\IINI Incl IOdfnlN. proc)lltf .......... i."IQ :,- ll'!Y ta.I sa'leOuil numDef&. 111 Mlllnlll so, f'IOllk:uan of~ OIINfl" 111 ,.._.. ftCllfDmft RI. Ind• cr.o tor""'*" ct oost191. PIMII c:on11e1,. s.n.r, • ,. PWfW19 COlffllllNI 11 712 ·2342 tor IC** NIUl*N on,.,....._ Anl'\R\ICIOl'l ...... blOKMCIIGIO'i'OUwhln'i'OUllt"°"' ....... (101 ihtM Pfftlof ..... lllaftOIIIDII. (11) T..ntfPINl,Ollll-..-ollllUtlmlldr112'"). Aalalllll ..... ...,. IIOl,llta ClflDf'IO .. PwwlnJ C.......JM-* HNm). ,:in. DftDID, i,agr'Cm,tllcfHCll24"1ll""""lflCllllliionll,.... .... ,..... 111W IO .. C:ry COWICIII puDillc f!Nm9 . 112\ S.....MIISOlllnn:tOI.III .. DAln ..... ilacmmara_ .. &,g..oao c~ Zan119 OtGrllnCI ,..,..10 r. ,z, a.-. SIMI_. ... ,_.. DID IO .. ~ COIMllliDn DUDIIC:,...._ Ona pftOIOQl'IOtW.fflVll!ofNOt24"1JrlllNl_ ...... __ bt,.. ...... '"°' lO .. c,, Cawa Dlat,..... l1ll SaitNftorwlllGI ....... _. ......... ~--.,....... c~ ZONlf c:i...... tlDIIIII • r • ,r, .,._. ....... t1 , ........ 10 .. ~~-....... .. .......... "'Y*ot .... 2,·, ................. ..... ,,_IOlle CJyC.vicilJWDIC l'INffll ,,,, s...~--..r,,zio1•0....._I0'!,.....111 _ .... ~'-1--- .... Dl'llll ............. :o ......... c-.-....-r-.. _Clft0illl9' __ ,,.. .. 1111'124"1ll" _____ ... ,_...CIIIOf ~•C.CWDCllllt ...... 1111 s...... ..... , ..... r, 1nei .. ,...... ........ _ .. ,.~s----· ___ ... _..,.c-__ ''" s.... ..... , ...... r,1z,o, .. ,..,.. ....... ,._ • ...... ~s.......o..a --. ..... . ....... Gl'Of ........... ,~911Mr; ..... c...,...... .,...e1ewi2,·, ................... ___.. __ _ c.r,c..-,-- 11n ... .,..oi,.....,a1,......, ..... .......,-. ..... 11\afft ....... ,...... •• (11t ·-Oflll4l;OIILGILN._.._,f1111Mr111'\~111 .....,..-,.,.e,....-s~ONllwa {111 T-oc:r:1N1 ol .. T1-C.....Stllelllt.._...,..,_ ...... .....,.,lf'IOll ...... klllMCIIW ... ~ lffl __ , __ .. _~- (2 11 ~CCN1ot,.f'1111C, ...... ""°"- IJ:l ..,._.._.,,_~- till n....CON1ot,.,.. ... r,•s..., 12•1 r ... c:ioao1 .. ,.. ... a...., w fnllllll~ ,...._ (fll T'" ..... d"'-"-f'~-~--All ...... IWN 1la&W111 -........ ;Nt.fN1 ........ C., .... '211 nw.~m,.o.-l-•..-........... • .._. •• .,·,11 ·-...11111 an ,._,... ..... c:.o,~.., .... °' ...... ......,..,..., .... C.:..#fo.w-...oam~c. ..................... "--1 ..... , ... 24",lr; ...... •c:•t"t',11 ....... ,,111111..,. .. • • • 0 ]- • • 0 (• • DAV IS PARTNERSHIP P. C . , A R C H I T E C T S • • • • • • NEWCOMER FAMILY MORTUARY -PUD DISTRICT PLAN NARRATIVE June 24 . 1998 This Narrative supports. and is a part of. the PUD District Plan as submitted on June 24 . 1998 . I. GENERAL PROJECT DESCRIPTION: Newcomer Family Mortuaries is respectfully requesting a rezoning from R-1 A to PUD to allow for a Funeral Home/Chapel facility to be located on 2.38 acres of land at 3095 South University Boulevard (the intersection of South University Boulevard and East Dartmouth Avenue) in Englewood. Colorado. This facility would include re-use of. and an addition to. on existing church on the site. as well as support site and landscape improvements. II. EXISTING SITE CONDITIONS: Existing Development; There currently is a one-story. brick church of approximately 6.500 square feet on the site and o parking lot for approximately 54 cars. Existing site improvements are minimal and include a few pedestrian walks near the building. Existing landscaping is also minimal and is primarily located on the north portion of the site. Property Description: The site is composed of two separate lots. The southernmost lot. which includes the church development. contains 1 .35 acres . The northernmost lot. which is vacant. contains 1.03 acres. All proposed building development will occur on the southernmost lot. however. the site will be re-plotted to a single lot in a process separate from the rezoning. Adjacent Zoning and Land Use: The property to the south and west of the site is in the C ity of Englewood. is zoned R-1 A. and is developed as residential. The property immediately to the west of the site is a large lot that supports a three story res idential structure currently used os a professional office as allowed by a vcriance granted by the City of Englewood. The property to the north and east is in the City of Denver. is zoned R 1 . and is developed as residential. • • • • • • M ELLON F I NANCIAL CE NTER 17 5 SHER MA N STREET SU I TE 3100 DE VER COLOR ADO 80203 -<!325 (303) 861 -85 5: FAX 1303) 801 -3027 ' • .. •· • 0 • 0 • Newcomer Family Mortuary . PUD District Plan June 24 . 1998 Page 2 Ill. PROPOSED DEVELOPMENT: Uses: I • The proposed immediate uses for this facility ore a church and o mortuory/funerc l home and support site development. The mortuary use will not include preparation (embalming) or cremation activities. Permitted Principle Uses currently allowed under the R-1 A zone classification will remain end ore described on Sheet 1 of 3 of this PUD District Pion submittal. Building Improvements: A one-story addition of approximately 5.000 to 6,000 s~•Jore feet is proposed fer the southwest corner of the existing church structure. This addition will be of o similar scale and be constructed of materials complementary to the existing church structure. The proposed building height will not exceed the existing rcof height of the church. Interior and exterior remodeling of the existing church structure may occur as o port of this project. Site Improvements: Vehicular Access: The existing vehicular access to the site from E. Dartmouth Avenue is proposed to be relocated approximately 150 lineal feet to the west to increase the dis:once from the Dartmouth/University intersection and improve the safely of this intersection. This access will remain as o full movement access ollowir.g both left and right turns from Dartmouth. A second access to the site is proposed as o right-in/right-out on University Boulevard north of the existing church building. Parking: Required parking is based on the City of Englewood standard of one space per every three seats for o church/chapel. The existing chapel accommodates seating for 300. resulting in a parking requirement of 100 spaces. This amount of parking will meet the functional requirements of both the church and the mortuary. The existing parking lot south of the church struc t ure is proposed to be reconstructed to accommodate 59 parking spaces. inducing 6 for the disabled. A new parking lot north of the church structure will accommodate 41 parking spaces. including 2 for the disabled. Pedestrian Improvements.· Public walks ore proposed to be developed in th e public righl-of-wcy along both S. University Blvd. and E. Dartmouth Avenue . Additional pedestrian walks ore provided from the proposed parking lots to the building and from the bus stop on S. University Boulevard. londscqoinq: Landscaped buffer/setback areas between the parking lots and adjacent streets and residential development ore proposed to buffer the visual impact of parking. A landscape area of significant size is proposed for the north portion of the site specifically to improve existing drainage conditions. preserve some exist ing trees . and to provide a visual and sound buffer between the proposed facil ity e nd the adjacent residential deve lopment. Street tree planting is proposed for the publi c ROW on both S. University and E. Dartmouth. . • ...... . . '[i·,-,t • I • • •· • C '32xl • • , . • Newcomer Family Mortuary -PUD District Plan June 24. 1998 Page 3 ,- Lighting: all proposed building and site lighting will be downcast and the light source will be shielded from view. The type. height. and coverage will meet the City of Englewood lighting requirements. IV. COMMUNITY INVOLVEMENT: Several meetings between Newcomer and the City of Englewood and Denver property owners have occurred prior to this PUD District Plan submittal. Property owners within the requred notification area as well as adjacent City of Denver neighbors were notified of community meetings on April 2. 1998 and on June 16. 1998 to review and discuss the proposed plans for the mortuar1 on this site. This notification was done in accordance with the City of Englewood requirements and expanded to include 22 neighbors from Denver and Englewood residents outside the notification area. Following is a summary of those meetings: April 2. 1998 Community Meetjng: 20-30 people from both Englewood and Denver attended this meeting and Harold Stitt represented the City of Englewood Office of Neighborhood and Business Development. A brief presentation of the proposal. including type and frequency of uses. and an overview of the PUD process was done followed by ::i general discussion. A summary of this discussion is: Concerns: • Changing the zone from R-1 A to PUD could set the tone for other properties in the area to rezone to encourage business rather thar. residential development • Explore the development of residential on this site (the previous proposals for residential development of the site were discussed including the three-lot single-family residentiol and assisted living concepts) • One neighbor did not want to have to Ioele at a funeral home or feel uncomfortable using her backyard while the facility was in use (Denver resident to the north) • Traffic on both University and Dartmouth was a concern of several neighbors • How the site and facility would look were important to several participants Su.aoestions: • Remove the six buses that are currently parked on the site (unanimous) • Improve the landscaping on and surrounding the site • Maintain low lighting levels at night • Improve the safely of the existing parking entry that is near the University /Dartmouth intersection • Provide a buffer between the proposed facility/parking lot and the immediate neighbors to the north. east and south • Add sidewalks around the site to improve pedestrian safety • Consider locating the main building entry to the mortuary on the south side of the church structure near where the current building entry is located ..... • . .. .. • • 0 , • • • • • Newcomer Family Mortuary -PUD Distri ct Plan June 24. 1998 Page 4 - An offer to work together on the site and landscape design with those neighbors who were interested was extended by Newcomer representatives and three neigt)bors indicated that they wanted to participate in this. At the conclusion of the meeting a straw poll was taken to see if the neighbors fell that this was on appropriate/compatible use for this site and o majority of those present supported this concept. The message received by Newcomer at this meeting was if the concerns of the neig l:i bors could be addressed and their suggestions incorporated into the design. a majority of them supported this proposal as on appropriate/compatible use for this site. J.une 3, 1998 Individual Neighbor Meeting: Three adjacent neighbors. those who had expressed on interest in working together en the design and all residents of Denver. participated in a meeting to review the· proposed site and landscape pion for the fac ility . The neighbor comments were very favorable and the plans were modified to increase the quantity of evergreen landscaping on the north and northeast portions of the site. The result wcs specific views from individual residences were buffered through th e use of evergreen trees and earth berms. June 16, 1998 Community Meeting: 15 -20 people from both Englewood and Denver attended this meeting that was a follow-up to th e meeting in April. A brief summary of the previous meeting and the work ;:erformed by Newcomer following that meeting was presented along with an upda ted review of the proposal. The presentation included an exis ting conciiions survey and a site/landscape pion that identified the location one size of th e proposed addition as well as all proposed site improvements. Newcomer stated that they were ready to submit a F'UD District Pion to th e City cf !:nglewood the following week and wanted the community to hove on opponunity to see and comment on the proposal prior to submittal. This presentation was again followed by o general discussion. A summary of this discussion is: Concerns: • Property values could be impacted by a zone chcnge • This rezon ing could open the door for other businesses to locate in the R-1 A zone Suggestions : • Want assurance that the six buses that are curren tl y parked on the site will be relocated to another site • Provide o buffer between the proposed facility and the immediate neighbors to the north, east and south • The size and type of proposed signoge should be cone in stole and materials appropriate to the setting: no b ig signs .... . ' • •· • 0 -I -• • •, • ,, Newcomer Family Mortuary -PUD District Plan June 24. 1998 Page5 Several people expressed thei' p8'10nal support of the proposal during the meeting and two people spoke out against it (one Englewood resident and one Denver resident). Al /he conclusion of /his meeting. a slraw poll was taken lo s88 if /he neighbors fell /hat /his was an appropriate~ for /his site and all bvt lwo of /hose present supported this concept. The group was also asked lo vote on whether /he proposal presented was OtJSlhefica/ly appropriate for this location and there was unanimous support of /his. The m,nsagtJ l'flCewed by Newcomer at this meeting was /hat /he ntJighbors' main conct!JmS had been addressed. lh8r suggestions had been incorporated into /he design. and a large majority of those present supported the proposal lo rezone /he site from Ii· IA to PUD and lo develop the site as a mortuary facii/y. ' . • • 0 I ~') I - ,-• • • • BY AUTHORITY ORDINANCE NO._ SERIES OF 1998 COUNCIL BILL NO . 55 INTRODUCED BY COUNCIL MEMBER~~~~~~- AIILLPOa AN ORDINANCE APPROVING THE REZONING FROM R-1-A SINGLE-FAMILY U8IDBNC&. TO PLANNED UNIT DBvm.oPlmNT (PUD) ~ LOCATED AT 3095 SOUTH UNIVERSITY. WHEREAS, Heartland Group of Companies and Davia Partnership, P .C. submitted a P .U.D. application to rezone from R-1-A, Sincle-family Residence to a P .U .D .; and WHEREAS, the subject site ia composed of two separate parcels of land: one conaiating of 1.03 acres in size and ia currently vacant and the second parcel ia 1.35 acres in size and ia currently developed with God's Miracle Church; and WHEREAS the proposed mortuary ia not a permitted use in the R-1-A Zone District, but can be permitted if the rezoning to P .U.D. is approved because the rezoning proceaa provides specificity on permitted uses and aite amenities; and WHEREAS , the proposed P .U.D , will be developed as a mortuary/chapel use in conjunction with the existing God's Miracle Church; and WHEREAS, the propoaed P .U .D . differs from the current R-1-A Sincle Family Residence District zoning of the site in that mortuary ia propoaed u a permitted use ; and WHEREAS, the Enclewood Planniq and Zoniq CommiNion held a Public Hearina on Au,uat 4. 1998 reviewed the propoeal and found : 1. The P .U .D . District Plan ia in conformance with the diatrict plan requirementa and the comprehenaive plan; and 2. All required documenta, drawinp, referrals, recommendationa, and approvala have been received; and 3 . The P .U .D . District Plan ia conaiatent with adopted and generally accepted atandarda of development in the City of Eqlewood; and 4. The P .U .D . District Plan ia 1ubewltially conailtent with the 1()8h. ob)ICtivn, dNap 11rideli-. policin, and any other ordinance, law QI' req---oftbe City; and 5 . The P .U.D . Site Plan ii m amilraaDCa with the Diatrict Plan Reqwnmenta ; and -1- •. 1/li .. • • , • 0 • 6 . All required documents, drawings, referrals. recommendations, and approvals have been received; and 7 . The P .U.D . Site Plan is consistent with adopted and generally accepted standards of development of the City of Englewood ; and 8 . ·The P .U .D . Site Plan is substantially consistent with the goals, objectives and policies and/or any other ordinance, law or requirement of the City; and 9 . That the application to rezone 2.3 acres on the northwest comer of the East Dartmouth Avenue/South University Boulevard intersection from R-1-A, Single-family Residence . to Planned Unit Development and the development of a Newcomer Mortuary in conjunction with the existing Church, is a reasonable use of the subject properties. 10 . The Planning and Zoning Commission approved the P.U.D. filed by Davis Partnership P.C ., Architects, and Heartland Group of Companies, for property at 3095 South University Boulevard,, with the caveat that the applicant must own the property; if, for any reason, the applicant does not get title to the property, said P .U .D . will become null and void. WHEREAS, the Englewood Planning and Zoning Commission recommended approval with additional conditions to the P.U.D.; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS: Se<;tion 1. The Englewood City Council finds that: l. The P .U.D. District Plan is in conformance with the district plan requirements and the comprehensive plan; and 2. All required documents. drawin(s, referrals, recommendations, and approvals have been received; and 3 . The P .U.D . District Plan is consistent with adopted and generally accepted standards of development in the City of Englewood ; and 4 . 5 . The P .U.D. District Plan is aub1tantially conaiatent with the goals, objective,, deeign guidelinee, policie1, and any other ordinance, law or requirement of the City; and The P .U.D . Site Plan is in conformance with the District Plan Requirementl; and 6 . All required documentl, drawinp, referrals, recommendationa, and approvala haw been NCeived; and -2- •. .. ., • • C I - ] -- • • • ,. ·, - '· 7 . The P.U.D. Site Plan is consistent with adopted and generally accepted standards of development of the City of Englewood; and 8 . The P .U.D. Site Plan is substantially consistent with the .goals, objectives and policies and/or any other ordinance, law or requirement of the City; and 9. That the application t.o rezone 2 .3 acres on the northwest comer of the East Dartmouth Avenue/South University Boulevard intenection &om R-l·A. Single-family Residence . t.o Planned Unit Development and the development of a Newcomer Mortuary in co~unction with the existing Church, is a reasonable use of the subject properties. $ect;jon 2. The Planned Unit Development attached as "Exhibit A" for 3095 South University Boulevard is approved with the following condition: The Planning and Zoning Commisaion approved the P.U.D. filed by Davis Partnership P .C., Architects, and Heartland Group of Companies, for property at 3095 South University Boulevard,. with the caveat that the applicant must own the property; if. for any reason, the applicant does not get title t.o the property, said P .U .D . will become null and void. Introduced, read in full, and puaed on first readiq on the 8th day of September, 1998 . Published as a Bill for an Ordinance on the 11• day of September, 1998. Tbomu J . Burm, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucriahia A. Ellis, City Clerk of the City of EncJewood, Colorado, hereby certify that the above and foretoinc is a true copy of a Bill for an Ordinance, introduced, read in full . and puaed on fint readiq on the 8th day of September, 1998 . Loucriahia A. Ellis -3- ' , • • 0 . -• ; t , , -• • I• • ITEM PUD 9. l'(MantD .._.._. USES •. ·····························-······-··········-··-·······-·····:-~~) C. ....... LOT .tll(A r()II P(Mlff'TtO US[ .. ~-<CTM'ln SINGl.[-rlllll.Y OIIQ.LICS --[11UCA--PWIJC -..DN:S ..., r,cuto ,. SICL[-r...._, 0.CLUNC.S ..................................... . .. I.ODO sa . "· 2. au 0tMC• ~IIIWl'T[D ~ usts ............. --··············· ........... 2•.000 so. n . D.rt-- , IIIQ.[-r-." DIICLL,IICS ........................................................... ,.,ao • n . :i . ..._one•,._......._ usn ........................................... ,.. L -. LOT co,oocx ................................................ . -aTLOI .... ,.-LOT-AGE , 111G.[-r-.., Dlllt.UNCS ............................................................... ,.,. :1 . ou onco ,._ ......._ usn .......................................... :iocr c: . ....,.. 9JII.09C ~on ......._ ---·· ··········-····················-······························· n · ......... ,..,..,,...., ou ..-nm~ usn ................................................... n · L ......,. 111C ......, ••.•.••.••.••.•••.•••..•.••• -.• ·-·-················----··············-········· n· •----·········-·············-···············-··-······-··········-· .. ············. n · c.. _.... ~-S'nl[[T ~---·-·······-·-·······························-.. ········•····• 1 PG 'OIi [\1[11'1' J SEATS L ~ CIO'EN PIICC ................................................................ ·-····-·········· -aT LOT .... "· ICC(5SOR'r -.oocs -.._ ~ usn 1. GMIIG[S .., CM90lff'S e. ---...... f///1 'ftC ~--·····•·•••··-·--····••••···· I (1) ""~ GalG[ (:l)atT~- (l)~ (e) Aff,OCD c;-.. .., ~ (1) ar,~ --c-. (I) atT~ -AffiOC -.. ---.... ·-···-·-·--·-··-····-··--····--·------····· , .. c • .....,.. ,... .,..·····---·-··-·-··--· ·-··-·····-··-······· n · ....... ,....., (1) AffCN[D ~-· .. •··-·--·•·•••····-·---··• •• 7' (:I) ar,~ -. .. ·-······ --· .... --·-· ...... ,· .............. <•> ~ rcn -oo ------·······-·--s· <Z> ~ •oen --... ····-······· .. ,· t .....,.. fD'IIIL rux,11 MIIA. ....... ·-,_ 10. " J . SlOIIIGI 94CDI ······-·········· ..... ·--···-···-··-·-·····-·-t •· LOCAftD • _,,. a, l.Of IL.......,... TOfllL r\.OOII illlll.A. ...... ·-··-····--··--·---··-··· 1,a IO M C, ......... tCICINT •·-·•·•-••••·•---·-··-••• -···-·-· .•. t0' ......... -...., __ ··········-·········· ... -·· ......... -.. -........ -,· .......................... ·--············-·······-··-··-···--···--· ,· l. Ol'M(II cctsSOII¥ SIIIUC1'UIIES. ............ ________ ,.__, ....... -.. -... t e. LOCArtD • ..,. Of I.Of • -. !Ot ... ..__ MU..--···-·-···-· --···-·-·--········· 100 IO. " C ........ 'COff .......... -........ -...... •••---·----·-tJ" . ---·---·-·-··-· --···--·-·-·····--········· ,. .. .... .-·~----·-····-----......................................... ,· ·-....... all --·---·-·----··-·--·-···-·--··-·--' . 0(--.... ---'IIC-...SII -<•>-rut t' lll'llllfnlO ... fttllS Glll'.IUle ___ ,...,, .. ..... ..., ~ • ., 91(:11 ,.,. ,...., ... ...,..,... t• ,. - • . > " • • • 0 I R-I A • 0 • R I (DEtiV ER) . I . ~.} ·' ~ ... :. ,-i .. ......... ,.. .,, - •. L.__. -· .. ---~ • • • , - . . amNANCE NO._ SERIES OF 1998 • • • BY AUTHORITY • COUNCIL BILL NO . 48 INTRODUCED BY COUNCIL MEMBER HABENICHT M.ICJIDINANCB APPllOVINO SALB OF DBPOl' IIUIU>ING BY 'l'IIB aT'l OP ENGLEWOOD TO THE ENGLEWOOD HISTORICAL SOCIETY FOR THE TOTAL ... OP.,... UNDmt AN INITAll-NBNT OONTRACT. WHEREAS, the City of Englewood is in the prooe88 of purchasing the Depot and real property related thereto from the Englewood Historical Society under a aeparate Ordinance; and WHEREAS, the Englewood Historical Society deaires to purchaae the Depot building from the City of Englewood, and the City desires to sell the said building to the Englewood Historical Society, while retaining owoerahip of the real property under certain terms and conditions, for the sum of $76,000; and WHEREAS, the Englewood Historical Society approves the terms and conditions as set forth in the attached copy of an Installment Contract with the City of Englewood ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO. AS FOLLOWS: 5crtigp 1. The City Council of the City of Enclewood, Colorado, hereby approYH the terms and conditiom of the Installment Contract for ule of the Depot building to the Englewood Hi8toric:al Society for the sum of $76,000, a copy of which Imtallment Contract ia attached hereto as "Exhibit l ." 5ectioo 2. The Mayor Pro Tem ia authoru.ed to esecute and the City Clerk to attest and eeal the Apoeement for and on behalf of the City m Englewood, Colorado. Introduced, read in full, and paued on fint reading on the 17th day of Auguat, 1998 . Publiabed u a Bill for an Ordinance on the 21st day of Aucuat. 1998. Re a d by title and paued on final rea ding on the 8th day of September, 1998. -I - -~ ... ' • 111»1 • • 0 - ]- • • • • • Published by title as Ordinance No . _, Series of 1998, on the 11th day of September, 1998. Thomu J . Bums, Mayor ATTEST: Loucriahia A. Ellis, City Clerk I , Loucriahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foreaoinc ia a true copy of the Ordinance puaed on 6nal readinc and publiabed by title as Ordinance No._, Series of 1998. Loucriahia A. Ellis -2 - • . • • I - • • • 0 I • - PURCHASE AND SALE INSTALLMENT CONTRACT nns CON TRACT, made this_ day of 1998, between THE ENGLEWOOD HISTORICAL SOCIETY, INC ., a Colorado non-profit Corporanon. hereinafter called "Purchaser", and THE CITY OF ENGLEWOOD, COLORADO. a Home Rule City existing under and by virtue of the laws of the State of Colorado, hereinafter called "Seller", whose legal address is 3400 South Elati Street, Englewood. Colorado 80110 . I . In accordance with the terms and conditions hereinafter set forth. Seller agrees to sell and Purchaser agrees to buy a building, currently known as the Englewood Depot, which is located on property currently owned by the City, specifically: Lots 18 to 24, inclusive, Block 2 , Taylor's Addition, Arapahoe County, Colorado, together v.i th all improvements thereon and all fixtures of a permanent nature currently on, within or servicing the building, in their present condition . This sale docs not include any land under or adjacent to the Englewood Depot. The panics agree that Lots 18 to 24, inclusive, Block 2, Taylor's Addition, Arapahoe County, Colorado, arc not included in this Conttact provided, however. Seller shall convey to Purchaser by separate Easement Deed in the form attached hereto as Exhibit " A", a blanket easement in, through, over and across said Lots 18 to 24, inclusi\·c , Block 2, Taylor's Addition, Arapahoe County, Colorado, (which lots shall hereinafter be referred to as the "Property"): a) to operate the Englewood Depot in its currcnt location (together with all appurtenances thereto, such as water , sewer and utility service lines) as a historical society facility which use shall include the operation of the Englewood Depot as a museum for the general public ; b ) to use whatever parking lot(s), sidewalks, pathway s and other facilities that are constructed on the Property by Seller; and c ) for ingress and ingress in, through, over and across the above- described Property for any pwposc needful for the full enjoyment of any other right of occupancy or use provided herein . The casement shall terminate at such time as the Pm-chaser either sells the Englewood Depot or relocates the same to another location . 2 . The Englewood Depot shall be conveyed by Bill of Sale . The Bill of Sale and the Easement Deed shall be executed by the City promptly after execution of this Cootnct and both shall be held by the City md delivered to Purchucr upon payment in full of the purchase price. .... E X H I B I T 1 • • 0 , - • • • • "' . 0 I• - .... 3 . Purchaser agrees to pay Seller, as the full purchase price for the Englewo~,j Depot and Easements, described above, the sum of Seventy-Six Thousand Dollr-;; ($76,000 .00), the purchase price, together with interest on the unpaid balance at a rate : i z.cro percent (00/o) interest, shall be paid in installments . Any amount which is spent :-:-· the Purchaser on any documented improvements, may be counted by the Seller .l.5 payment and applied to the purchase price. Purchaser shall not be personally liable on :=5 payment or other obligations under this Contract and Seller agrees to look solely to ti:,= Englewood Depot and easements referenced above that are serving as collateral for t::·= performance of Purchaser's obligations in the event of a default hereunder, and Sell"!'.:" hereby expressly waives any and all right to a personal judgment against Purchaser ..:a this Contract or in connection with any foreclosure proceedings that may occur in t::<= event of a default. 4 . Possession of the Englewood Depot shall be delivered to Purchaser on t::i= date the ordinance approving this Contract becomes final, together with the right to u::.e the Property for the purposes contemplated herein during the entire term of this Conu-..c: as long as Purchaser has not materially breached its obligations hereunder. S. From and after the date hereof, (1) Purchaser shall keep the build.i.q insured against loss by fire with extended coverage endorsement, in an amount not le-.:.s than the extent of Seller's interest in this Contract, with a loss payable clause as interest of Purchaser and Seller may appear; (2) Purchaser shall pay the insurance premiw::.s therefor and if Purchaser fails to procme such insurance, Seller may procure same . ~ case of the failure of Purchaser to make such payments when due, Seller may pay s~ insurance premiwns, taxes or asscssmmts, and all moneys thus paid, with interest therec-r:i at z.cro percent (00/o) per annum, shall become so much additional indebtedness under c:.: terms of this Contract, or Seller may declare a default. 6 . Seller represents that all payments due on existing encumbrances have bc::i paid or otherwise discharged. It is understood that Purchaser does not assume exisri-·g encumbrances on the building. 7 . Purchaser shall not make any major alteration or addition to the Englewocd Depot without first obtaining permission of Seller, which permission shall not :-: unreasonably withheld . All expenses incurred in making alterations, additions, :ir improvements to the building shall be promptly paid by Purchaser. 8 . Seller shall install and maintain such landscaping, parking lots, sidewalb.. rest areas and related improvements on the Property as Seller in good faith determines ar-: -2 - • • . ... ... • • 0 , I ~ fliii}I~!!1 !1j~ J.JI F i1-[•trrf ~ rf [ r I l ,~t!11i ~fF 1~•1 .J I i''r ttF • -•1-i' . ,!'.1~;1~rr J'Jt ~' r I . • l hf ~,h.J ll :~Ji ,t I ,. w r ··1d lHtf r n ., l, I s ( 1-r~r ~· • • lf ff~ ~ t1'!fr1rl1 l!i! ~ ~ t , 1 B I t ~, f 1 , , r , .. f f i,. I i ' .!11t1.lJ1·· U • Ir ~, rL t fJ r ·•-J • § ~rU'Jf r:-r.r ~f r· . r. " ~rf .. ' ,1 • 1·1111 a ·I-. ,_u {l I . ' ,t ..... • .. s,ls, t . rrl 8 . li 8 • . . \ . . --. .. . ' 0 • -• • • (. ST ATE OF COLORADO ) ) ss : COUNTY OF ARAPAHOE ) The foregoing instnmlalt was acknowledged before me this __ day of _____ _, 1998 by Thomas J . Bums, Mayor, City of Englewood, Colorado. WITNESS my band and official seal~ My commission expires----- PURCHASER: ST A TE OF COLORADO ) ) ss : COUNTY OF ARAPAHOE ) NOTARY PUBLIC ENGLEWOOD HISTORICAL SOCIETY, INC. By :--------- Address : The foregoing imtrumeDt was acknowledged before me this __ day of _____ _, 1998 by as of the Englewood Historical Society, Inc . WITNESS my band and official seal; My commission expires ____ _ NOTARY PUBLIC -4- . ' • . .. • • 0 f ,.." I - • • • ·, • - EXHIBIT , A EASEMENT DEED THIS EASEMENT DEED, made this __ day of 1998, between THE CITY OF ENGLEWOOD, a Colorado Home Rule City existing under and by virtue of the laws of the State of Colorado, hereinafter called "Grantor", and THE ENGLEWOOD lilSTORICAL SOCIETY, INC., a Colorado non-profit corporation, hereinafter called "Grantee", whose legal address is 4400 E. Mexico Avenue, Denver, Colorado 80222. WITNESSETH : FOR AND IN CONSIDERATION OF the smn of and odicr good and valuable consideration to the Grantor in hand paid by the Grantee, the receipt whereof is hereby acknowledged, Grantor docs hereby grant and convey to Grantee, its successors and assigns, a permanent casement in, through, over and across the real property described below (hereinafter "Property"), for the following purposes: a) to operate the Englewood Depot in its current location (together with all appurtenanccs thereto, such as water, sewer and utility service lines) as a historical society facility which use shall include the operation of the Englewood Depot as a museum for the general public; b) to use wbalner .-tang lo(s), sidewalks, palhways and other facilities that arc construc1led on the Property by Sella-; and c) for ingress and ingress in, through, over and across the above- described Property for any purpose ncecffial for the tun enjoyment of any odicr right of occupaocy or use provided herein. 1be cuc:mmt shall taminate at such time as the Purchaser citbcr sells the Englewood Depot or relocaa the same to another location ; TO-WIT : Lots 18 to 24, inclusive, Block 2, Taylor's Addition, County of Arapahoe, State of Colorado, EXCEPT the following described parcel conveyed to the Department of Transportation, SI* of Colorado, by wmalldy' deed dalcd June 21, 1994, and recorded September 2, 1994, in Book 7691, Page 270, of the Anpaboc County Clerk and Recorder's office, to-wit: .------' •. •· • 0 • . ,~ • A tract or parcel of land No. 25 Rev . of the Department of Transportation, State of Colorado, Project No. NH-FCU 825-2(51 ) IXFU 085-2(24) containing 637 Sq. Ft. more or less, in Lots 20 tbru 24, Block 2., TAYLOR 'S ADDITTON, a subdivision in the SW l /4 of the NW l/4 of Section 35, Township 4 South, Range 68 West, of the Sixth Principal Meridian, in Arapahoe County, Colorado, said tract or parcel of land being more puticularly described as follows : Beginning at a point OD the north right of way line of Dal1moudi Ave. (March 1994) said point also being OD the south line of said Lot 24, from which the W l/4 comer ofScctiOD 34 bears S . 85°56'52" W ., a distance of 470.06 feet, more or less, to the Point of Beginning: I. Thence S . 89°36'25" W . along the said north right of way line, a distance of 107 .00 feet, to a point OD the cast eight of way line of S . Galapago St. (March 1994 ), said point also being the west line of said Lot 20; 2. Thence N. 00°00 '48" W . along said cast right of way line, a distance of 13 .50 feet; 3 . Thence S . 79°03 '39" E., a distance of21.87 feet; 4 . Thence S . 14°14'51" E., a distancc of85 .96 feet, more or less, to the Point of Beginning . The above described parcel contains 637 sq. ft., more or less . Bearings arc based on a polaris observation of the East line of the NE 1/4 of Section 3 3 , prepared by GiDgay Assoc . at J .L.: D-173 3 .00 I dated Sept. 1098, prepared for the City of Englewood. (N. 00°02 '12" E.). TO HA VE and to bold said euemeat unto the Gnmec, its successors and assigns forever . As part of the grant herein c-OOll!ined., Grudor' and Gnntee IIUdUally agree and covenant as follows : The Grantee sball have and curcise the right of ingress and egress, in. to, over, through and across the Property for my purpose needful for the full enjoyment of any right of occupancy or use provided for herein. ..... •· • , ') -• • • <. • 2 . Grantor reserves the right to use and occupy the Property for any pwposc consistent with the rights and privileges ~ granled and which will not interfere with or endanger the Grantee 's F.nglewood Depot building, or the use thereof. 3. Each and evay one of the benefits and burdens of this Easement Deed shall inure to and be binding upon the rapective legal ~ heirs, executives , administrators. successors and assigns oftbc parties hereto . IN WITNESS WHEREOF, the Gnntor has cxccuted this Easement Deed as of the year and date first ~ written. STATE OF COLORADO ) ) ss : COUNTY OF ARAPAHOE ) CITY OF ENGLEWOOD By:--------- Thomas J. Bums, Mayor ENGLEWOOD IDSTORICAL SOCIETY, INC. By: --------- The foregoing insttument was acknowledged before me this __ clay of _____ __, 1998 by Thomas J . Bums, Mayor, City ofEoglewood, Colorado. WITNESS my band and official seal ; My commission expires----- NOTARY PUBLIC .. ,, • • C I • . , ' . -• . • • <, - STATE OF COLORADO ) ) 11: COUNTY OF ARAPAHOE ) The foregoing inslrumeat was aclmowledged before me this __ day of 1991 'by as of _tbc_&glewood ___ Historical_' -J. Society, Inc. WITNESS my lrmd aad official .al; My commission eq,ies -----.. NOTARY PUBLIC • • • 0 l I • 0 •• • ' . . . I· • • ,. - - 0 •• . -' . . • • • ' - • • • ,, . 0 :. - /'I ' • ---------->-·-- • . -••• I. . ' • "' --. ' 0 - ----'fU_ JUE_: ~f-!J& __ 7 _ --=----- • ------- -----------, . ~ ------------I. . C • • - 0 ..• • • • ,. - . . . . . . I. . , • ,,. - - 0 • /1 I , . . I· • C • ,, -- 0 - - /JJ / I· • C ' - - • • • ,. _ • ·, - 5 . Minutes . !Jftk.f/Ja· .......,.....,.,.......,c..,Council...-o1....,..11.1908. ~ 6 . SchedUled Visitors . (Please limit your presentation to ten minutes .) ,• ,I i. COUNCIL BILL NO . 53 • Recommendaliof' from lhe Utilities Depar1mllffl IO adopt a bill for an ordinanCe approving Soulhgat8 Supplement No . 138 . STAFF SOURCE: a.wart H. Fonda. DnctDr of IJllltiN. ' ' PINNnole: lyau .... • •• tftfandllNd.-,alda•wula11, ....... na11y .. C11yal1& .... •ood (303-792-zalal ....................... al .................... ,,..,... ' • . . ------- .. • . • • 0 - • • • • Engl-ood City Council Agenda September 8 , 1998 Page2 ii . i -a.JI COUNCIL BILL NO. 51 • Recommendation from the Utilities Department to adopt a bill for an ordinance approving a License Agreement for a six inch water line at Bates and Emerson. STAFF SOURCE: Stawat H. Fonda, DlreclDr of Utllltles. V 'ff JJI/ J \. iii. COUNCIL BILL NO. 50 • Recommendation from the Utilities Department to adopt a bill for an ordinance approving a License Agreement with Daniel Brost for encroachment of a barn in a water main easement right-of-way. STAFF SOURCE: Stewart H. Fonda, Dlrwctor of UtllltlN. iv . COUNCIL BILL NO. 52 • Recommendation from the Utilities Department to adopt a bill for an ordinance approving a City Ditch e.uement for the First Church of Christ, Scientist at 3701 So. Logan Street. STAFF SOURCE: Stawart H. Fonda, DINder of UIIIIIIN. b. Approval of Ordinances on Second Reading. c.,. p,~5!)Motions : #:i-.. ~ l'-fJf ~!mm.ndation from the Department of/~ Services to adopt a resolution approving the affiliation of the Old-Hire Firefighter Pension Plan with the Fire and Police Pension Association. STAFF SOURCE: Frank Glyglawtcz. Director of Financial ......... Recommendation from the Department of Financial Services to adopt a resolution approving the affiliation of the Old-Hire Police Officers Pension Plan with the Fire and Police Pension Auoclallon . STAFF SOURCE: Frank Gl...,tcz. DINclDt' af Fll•lclal ....... 11. Regular Agenda. . a . Approval of Ordinances on Fnt Reading. i. COUNCIL 81.L NO. 55 -Recommendation horn the Oeparlment of Neighbomood and Buslneaa Development to adbpt a bil for an ordinance approving the Newcomer Moftuary Planned UDit O..elopnenl q to NI a public hearing on this matterforOckJber 5, 1998. flfARIOUIICl!S: llallert S1mp1 c,n, DiNclDt' af Niiglll! DfflOOCI and Buainlll 0.: ........ and Harold J. Stitt, Senior Planner • b . Approval of Ordinances on Second Reading. i . Council Bill No . 48. approving the ule of the Dlf>oc.lluillllr11U~iell![nc:,1Nood Historical Society under an installmenl llmlllrar~ c. Resolutions and Motions . p 12. General Discussion. a. Mayor's Choice. b . Council Members' Choice. ~--.,_._. «11, .. and .... ...., .... _Aa11,,....._, .. ca,a,1q11 _. (JOI-Jallll)al ........................................... 11-*,au. .. 0 • • 0 I ]- - • Engl-ood City Council Agenda ~ember a, 1998 Page3 13 . City Manager's Report. a . Englewood Center Update. 14. City Attorney's Report. Adjournment. (/ ·, 1-(/ • • ·~ • ,, \, The following minutes were transmitted to City Council between 8/14198-9/3198: • Englewood Board of Adjustment and Appeals meeting of July 8, 1998 • Englewood Code Enforcement Advisory Committee meeting of July 15, 1998 • Englewood Cultural Arts Commission meeting of August 5 , 1998 • Englewood Liquor Licensing Authority meeting of August 5 , 1998 • Englewood Non-Emergency Pension Board meeting of April 14, 1998 ~ • Englewood Non-Emergency Pension Board telephone poll of April 22. 1998 • Englewood Planning and Zoning Commission meetings of August 4 and August 18 , 1998 • Englewood Public Library Board meeting of July 14, 1998 ,. - ...._ ..... :•,---•S 2n.aM1_....., ....... a1111,,.._..sssr .. as,t111 .... OM ~JD.Nll)aPllall ...... 111.._fl..._ ............ 'lllll*WIIIL ------- ' . ' ' • . .. • • 0 f ___ . I . , .. • • t• • -----------------------~ September 21, 1998 ENGLEWOOD CITY COUNCIL Regular Meeting "' -. , • ..