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HomeMy WebLinkAbout1988-03-28 (Special) Meeting Agenda- Special Meeting C1 ty Council • • • !\arch 28, 1988 0 • • • 0 ~~ a.u~u 0 !11 t'lts.ttZI~ # • I . 1. Call to Order • • • ENGLEWOOD CITY COUNCIL EN&LEVOOO, ARAPAHOE COtlfTY, COLORADO Special Sesston March 28, 1988 The special .. eting of the Englewood City Council was called to order by Mayo r Van Dyke at 7:35 p.m. 2. Invocation The invocation was given by Council Me.ber Koltay. 3 . Pledge of Alle,tance The Pledge of Allegiance was ltd by Mayor Van Dyke . 4. loll Call Present : Council Me.btrs Hathaway, Koltay, Kozacek , Bilo , Habenicht, Clayton, Van Dyke Absent : None A quoru. wa s present . Also present : Sf:COIIQ, TO AI · 1o, I . Englewood City Council Minutes March 28, 1988 -Page 2 • • • (b) COUNCIL MEMBER KOZACEK MOVm, COUNCIL MEMBER BILO SECONDED, TO AP- PROVE THE MINUTES OF THE REGULAR MEET IN& OF MARCH 7, 1988. Ayes: Council Members Koltay, Hathaway, Kozacek, Bilo , Habenicht, Clayton, Van Dyke Nays: None Abstain: None Absent: None Motion carried. (c) COUNCIL MENIER CLAYTON MOVm, COUNCIL MEMBER IILO SECONDm, TO AP- PROVE THE MINUTES OF THE SPECIAL MEETING OF MARCH 9, 1988. Ayes: Council Me.bers Koltay, Hathaway, Kozacek , Bilo , Habenicht , Clayton, Van Dyke Nays : None Abstain: None Absent : None Motion carried. (d) COUNCIL MEMEI KOZACEIC MOVm, COUNCIL MOIIEI IILO SECONDm , TO AP -PROVE THE MINUTES OF THE llEIIULAil MEETING OF MilCH 21, 1988. Ayes: Council Me.bers Koltay, Hathaway, Kozacek, Bilo, Habenicht, Clayton, Van Dyke None Non e None Nays: Abstain: Absent: Motion carried. 6. Pre-schMu1e4 Visitors (a) Mr . Ji• Gru.et, 3065 South Sher.an Street, discussed cod enforce - •nt concerns as they pertain to trash collection. He objected to the fact that the Code Enforc ... nt Officer would only be responding to ca.,laints and not patrolling the city for violations . It was uphlntd to Mr . Gr-.t that due to the tr.-.ndous volu.. of ca.,lalnts during the su...r -anths that It was not possible for the one officer to respond to all of the. In addition to patrolling. Mr. Gr-.t felt a better •thod of trash collection ld be 110r effective for the City. He wa s urged to present his Ideas to t Planning and Zoning Co..lsston. 7. ·lchedu114 Vtsttors tal tlng status, t re no non -sc ultd vt t ors . 01 I lo, n: I . • • • Englewood City Council Minutes March 28, 1988 -Page 3 Absent: None Motion carried. (b) CCUCIL MEMER ICOZACEK JIOVED, CCUCIL MEMER ICOLTAY SECOIIDED, TO PROCLAIM THE MONTH OF MilCH, 1188, AS RED CROSS MONTH. Ayes: Council Me.bers Koltay, Hathaway, Kozacek, Bilo, Nays: Habenicht, Clayton, Van Dyke None Abshin: None Absent: Motion carried. None (c) CCUCIL MEMER HATHAWAY JIOVED, CCUCIL MEMBER HABENICHT SECOIIDED, TO PIOCLAIM THE WEEK OF APRIL 2 -t, 1188, AS COIIIUNITY DEVELOPMENT WEEK. Ayes: Council ~rs Koltay, Hathaway, Kozacek, Bilo, Nays: Habenicht, Clayton, Van Dyke None Abshin: None Absent : Motion carried. None Council Me.ber Hathaway suggested that when possible procla..tions should be approved by Council prior to the event. g . Consent Agenda CCUCJL NUllO HATHAMAY IIDVED, COUIICJL ... EI HAIDIICHT Slcc.ED, TO ACCEPT CCIISOO AIED ITDIS t(a) TlllOUat (f) -TO AmOVE CCIISOO AIDIDA ITDIS l(t) THICIUM ( i ) . (a) (b) (c) (d) (t) (f) (g) (h) ( ) Minutes of the Board of Adjust .. nt and Appeals ... ting of February 10, 1988. Minutes of the Englewood Downtown Develop-.nt Authority ... tlng of February 10, 1988. Minutes of the Parks and Recreation Co..ission ... ting of F bruary 11, 1988. Minutes of tht Planning and Zoning Co.aission ettngs of February 17 and rch 8, 1988 . Minut s of th liQUOr lie n tng Authorfty 17 nd r h 2. 1 Mtnu o t Pu 1 c L brary AdviSory Board t ng o 1 • Ord n I . Englewood City Council Minutes March 28, 1988 -Page 4 • • • Ayes: Nays: Council Members Koltay, Hathaway, Kozacek, Bilo, Habenicht, Clayton, Van Dyke None Abstain: None Absent: None Motion carried. 10. Public Hearing No public hearing was scheduled. 11. Ordinances, Resolutions and Motions (a) Acting Director Fre ... n presented a reca..endation fro. the Finance Oepart .. nt to adopt a bill for an ordinance ... nding the Non-e.ergency Retire - .. nt Plan and to also adopt a resolution authorizing an optional Money Pur - chase Plan for the non -e.ergency •id -unager, supervisory and confidentiAl e.ployees. She explained the ... nd.ent to the non -a.ergency retir ... nt plan would allow those e.ployees who were hired prior to the establis~nt of the pension plan in 1970 and who did not choose at that ti .. to participate in th pension plan, an opportunity to be vested In the plan for their prior years of service through a buy -back option . There are two ...,loyees directly affected by thh provtsion . The -ndllent further allows the •td-un~t and con - fidential ...,loyees to voluntarily choose to either re.ain in the non - ... rvency defined benefit pet~slon plan or elect to participate tn a ... Y pur - chase plan, referred to u a 401 Plan, -.tch would be self-directed by the 41!11Ployee . ICM,/RC would act as trustee for the ... y . The City 's contribu · tton will re.aln the s retardless of -.tch plan the 4111Ployee would choose . Council r Koltay, Co.c:tl 's represtt~tattve to the Reti,...nt Board, ex - plained that the loard rs ed revt thh -ndllent at great let~gth , and the Board de-.d no reason s to withhold thes e options lch hed been re - que s ted by t loyees . . F Jlflatned that the resolution would author i ze t City n r and t Ftn e Oepart.tnt to enter Into t ree · nt to s t 401 y "'rc se Plan wtth ICM . c IL I l l . ao. urraoouc m TA , ROO I Y TIll : y, Ol , ltlo, I - Englewood City Council Minutes March 28, 1988 -Page 5 • • • A RESOLUTION ESTABLISHING A MONEY PURCHASE PLAN FOR NON-EMERGENCY HID - MANAGERS, SUPERVISORY AND CONFIDENTIAL (HSC) EMPLOYEES AS AN OPTION TO THE NON-EMERGENCY EMPLOYEES RETIREMENT PLAN . COUNCIL MERlO ltOLTAY MOVED, COUNCIL MEMBER KOZACEIC SECOfi)ED, TO APPROVE RESOLUTION 10. 13, SERIES OF 1988 Ayes: Council Members Koltay, Hathaway, Kozacek, Bilo, Habenicht, Clayton, Van Dyke Nays: None Abstain: None Absent: None Motion carried . (b) Concerning the reca..endation fra. the Finance Depart .. nt to accept the low bid fro. Hanifen l~off, Inc ., for a lease/purchase of a fire pu~er, Acting Director Fre .. an requested that City Council table any action on this it .. at this ti... She explained that until the fire pu.per ts actually de - l tvered to Englewood, del Ivery now rescheduled to May 2, tt would be Inap - propriate to enter into the lease/purchase agr .... nt. She is att~ttng to negotiate with the low bidder to see if they wtll agree to keep the sa.. Interest rate and agre ... nt in force until the fire pu.per ts received . CCIUIICIL 1EM10 lOWEIC MOVED, CCIUIICIL MEMO IILO S(CCII)ED, TO TAILE AIOilA .#J.. ITO ll{t). <•n• TO ACC£n TN£ LOll liD _, A HSOWTI• APPI0¥1. A LW£/ ~~ PUiaiUl MIEDmff IIITM IWIIFO IMHOFF, lilt. FOI ACQUISITI. Of £QU1Pimff FOI TN£ CITY Of ORbOOD) A,yes : ~s : Absta i n: Abset~t : Mot i on carr t ed . Council ,....rs loltay, Hathaway , Habenicht, Clayton , Van Dyke loucek, 8 t1 o, None None None I C TJ ITH I . • • • Englewood City Council Minutes March 28, 1988 -Page 6 Ayes: Nays: Abstain : Absent : Motion carried. Council Members Koltay, Hathaway, Kozacek, Bilo, Habenicht, Clayton, Van Dyke None None None {d) A recommendation from the City Manager to adopt a resolution amend- ing the Six-quarter PIF budget for the period of January, 1988, through June , 1gs9 was considered. City Manager McCown explained that all of the items re- corded in the amendment were reviewed wtth City Council at the March 14, 1988, study session. RESOLUTION NO. 15 SERIES OF 1988 A RESOLUTION AMENDING THE GOLF COURSE FUND AND THE PUBLIC IMPROVEMENT FUND. COUNCIL ~ HATHAIIAY IIOYED, COUNCIL NEJII[l CLAYTON SECOIIDED, TO APPROVE RESOLUTION 10 . 15, SOlES OF 1981. Council Me.ber Btlo questioned the loca - tion of the centralized storage/aafntenance building . Director Kuhn responded that it was proposed to build it at 3600 South Clay. Council Me.ber Btlo won - dered if it •ight not be .ore lucrative to build it on land which ts currently for lease, but possibly for sale, which 1s located on the north side of Ox - ford, west side of the Platte River . He sugvested this •tght be investigated further. Ayes : Nays : Abstain: Absent : Matton carried. Council Mt.btrs Koltay, Hathaway, Kozacek, Bflo , Habenicht, Clayton, Van Dyke None None None (e) City Manager NcCCMI presented a rec:a.tnctatton to adopt a resolu - tion authorizing a license atree.ent wtth Publt c Service Ca.pany to extend tts cur rent franchi se untfl a vote can be held on the n franch tse. He explained that a verbal agr nt on the terws of the franchise htd ~n r tched wtt h Publtc Servfct Co.pany and that it wou ld be pr s nted fn ttt n fo,.. to Coun - cfl on April 4, 1981 . T ltcens agr nt curr ntly und r constderttfon xt nds th . t ,.. nd conditions of th frtnch s n tn tff ct ( frtnchts r ) until th spe tal tl tton scheduled for Jun 21, 1988 . R SOlUTION • 16 ERJ S 0 1988 liC N AGR MENT WITH POl IC ltVIC C MY 0 HIS IJHTH SUCH Tl AS N4 £ £CTI FOR TH VOT • COliiCIL I . • • • Englewood City Council Minutes March 28, 1988 -Page 7 Ayes: Nays: Abstain: Absent: Motion carried. Council Members Koltay, Hathaway, Kozacek, Bil o, Habenicht, Clayton, Van Dyke None None None (f) Chief Holmes presented a request for approval of out-of-state training monies for Police Department Anaorers at Colt Firean.s Factory, April 6-8, 1988. There would be no cost for the certified training; the anticipated cost for travel for two armorers would be $1,241. He stated the 1110nies are available in the Police Technical Training Budget. COUNCIL MEMBER IILO MOVED, COUNCIL NENIER KOLTAY SECONDED, TO APPROVE THE OUT-OF-STATE TRAINIM& REQUEST. Ayes: Council Me.bers Koltay, Hathaway, Kozacek, Bilo, Habenicht, Clayton, Van Dyke Nays: None Abstain : None Absent: None Motion carried . Mayor Van Dyke suggested that the Council •ight enjoy a de.- onstration of the new apons when they are received . (g) Director Kuhn presented a request fro. the Malley Center Trust Fund Board of Trustees to approve an expenditure of $2,754 to construct an entry at the south entrance to the Malley Center . All expenditures fro. the Trust Fund .ust be approved by City Counc i l . CCUICIL 1010 lOUCEl NOYED, CCIUIICIL 1010 CLAn• Sle.at, TO AH110Vt All DPDIUTUH OF $1,754 TO c:.sTIUCT Tit( DfJIY AS I£CCIIIma:D IY Tit( lOUD OF TIUST[[S, Ay s: Nay s: Ab s ta i n: Ab s nt : ton carrfed . Council rs Koltay, Hathaway, Kozacek, Bflo , Haben i cht , Clayton , Van Dyk None Non None lo, I . Englewood City Council Minutes March 28, 1988 -Page 8 Nays: None Abstain: None Absent: None Motion carried . • • • * * * * * Mayor Van Dyke called for a recess at 8:25 p.m. for briefing concerning Agenda Ita. 11(i) -the Golf Course Concession Contract. City Council reconvened at 9 :25 p.•. Roll was called. Present: Council ~rs Hathaway, Koltay, Kozacek, Bilo, Habenicht, Clayton, Van Dyke . * * * * * 11 . (i } The Golf Course Concession Contract was considered . COUNCIL _,.El CLAYTOII ROVED, COUNCIL MEMEl lOLTAY SECCII)ED, THAT Til( IOLF COURS[ COIIC[SSIOII LWE AIID Mlt[DmiT I[ M[II)ED AS FOLLOWS: PM£ 3 -SECTIOII 5. OPTIOII FOI AIIDITIOIIAL TnM . T1E WID •TWO• IIISEITED Ill llll£ 1 TO IUD: •CQIICUSIOIIAII£ MY WOlD THIS MI£DEJIT FOI TWO AIIDITIOIIAL THI£[ YW TOM, • PAll 4 -SECTI. t. HOUIS OF OPOATI •• a) T1E Till[ OF OPOATI. FICII APIIL 1ST THIGUal S£PTu.o JOTH ~ED TO IUD FICII 7 r00 A.ll . TO AT lWT lOrOO P.ll. It) T1E Till[ OF OPOATI. FICII OCT.a 1 na.t MICN 31ST aUIID TO IUD FICII t rOO A.ll . TO AT lWT l rOO P.ll. ftdleft t t o t he lease and Ag r .... nt: Vote results on t he ~es: Council rs Kolt ay, Hath away, ozace , ltlo, Nays: Abstain : Ab nt : t on c rritd . Habenicht, Clayton, Van Dyke None Non ne toUIIt ll [I CLA n • 110¥0, COUMC ll IOlF COUISE c•us1• lWf Alii MltlD OT A¥ s : Coun tl N ys : Abst In : nt : Coun nd eh on, Van Oy n Counc tl I lo , Cl • nt I Englewood City Council Minutes March 28, 1988 -Page 9 12. City Manager's Report • • • Due to special .. eting status, there was no discussion under this section. 13. City Attorney's Report Due to special .. eting status, there was no discussion under this section. 14. leneral Discussion (a) Mayor's Choice Due to special ... ting status, there was no discussion under this section. (b) Council Me.ber's Choice A resolution appointing Englewood Downtown Develol)llent board llellbers was considered . RESOLUTION NO. 17 SERIES Of 1t88 A RESOLUTION RATIFYING APPOINTM£NTS TO THE BOARD OF DIRECTORS FOR THE ENGLE - WOOD DOWNTOWN DEVELOPMENT AUTHORITY AND RATIFYING THEIR TERMS OF OFFICE . COUIICJL .... IOZACEI IIOVID, COUIICJL .._. WYTGI SU.O, TO APP10V£ IESOLUTIOI 10. 17, SEII(S OF 1111. It was clarfffed that this was an •house -keept~t~• action confh·•t~t~ the IIIIIOfnt.ettts lftd their exptratton dates . A question was ratsed as to the qualfftcattons of the IIIIIOf•tees , t.e ., property o.ers, resfdeftts, less"'· Councfl fllllller Hath_, offered to secure that fnfor.atton and supply ft to the COURcfl . Ayes : CCHMcfl ......_rs Koltt,y, Hat.._,, lozacek, lflo , Habetttcllt , Clt,yton , Van Oyu ~s : Abstain : Ab s.,.t : t fon carr i ed . t :ll , .•. I . -• • • NOTICE OF CALL BY THE FOR A SPECIAL SESSION OF THE MONDAY, MARCH 28, 1988 7:30 P.M. The City Council ot the City ot Englewood, Arapahoe County, Colorado, i• called to a •pecial •eeting at City Hall, 3400 South Elati Street, tor the purpo•e ot conducting regular bu•ine•• de- terred becau•e ot tbe cancellation ot the regular City Council .. eting ot March 21, 1988. An agenda detailing the nature ot thi• bu•ine•• i• attached. /I ( ;,. f.~/ I I l AND MC CONK Ci ty Manager AM/•b ACJaiOWLEDGICDT or RECEIPT or NOTICE 'nle tollovi"9 peraona, aU Council llellber• ot the City ot EftCJlewood, do bereby acknowledcJe receipt ot notice ot the above apecial call 24 boura prior to the •pecial ... ti"9 in accordance to Section 1--5--2-2 of tbe 1915 Eft9lewood Municipa l Code, a• ... nded. I . • - • (, • • • AGENDA FOR THE SPECIAL ME ETING OF THE ENGLEWOOD CITY COU NCI L MARCH 28, 1988 7:30 P.M. 1. Call to order . 2. Invocation. ~r- 3. J/.f Pledge of allegiance. ~~~ ~L- 4. Roll call. 5. Minutea. (a) Minutea ot the apecial aeeting of February 29, 1988. '· 'dt j,& . (b) Minutea of the regular aeeting of March 7, 1988. ""l"'t -1-1 ~~· (c) Minute• of the apecial aeeting of March 1988. (t L: fn-.) t, 9, (d) Minutea of the regular aeeting of March :n, 1988. 6. Pre-Scheduled Viaitora. 7. •• (a) Mr . Jia Gruaet, 3065 South Sheraan Stre , will en o code enforce nt cone rna. Co c ) ch ul d Viaitora. {Due to apeci 1 lng a will b no diaeuaaion under th ia aec ion.) unicationa and Procl iona. Don ld Hoyt Jr., you ion Co iaaion, cone• Co 1 .. 1on. 't.,lt ua, • I pre a• I • - • • • • Page 2 March 28, 1988 City Council Agenda A 1JL fL( (b) !Lffd '1~ ( (c) Proclamation ~ey}aring the month of March, 1988, as Red ~ Cross Month. ';ft''J tl c • / ~L~ ~ Proclamation declaring the week of April 2-9, 1988, as ~ coamunity Development Week. 'r/..Kt.r a~t'-d-y-1 y./.LLut <'c Ar 9. I 10. Consent Agenda. l .// ./ / l -L /.~ ./ • • 1 J -yv < .n <f..< ~'-cf-;r---yv 6:-~( ,~, • r (a) Minutes of the Board of AdjustmKnt and Appeals meeting of February 10, 1988. (b) Minutes of the Englewood Downtown Development Authority of February 10, 1988. (c) Minutes of the Parks and Recreation Commission meeting of February 11, 1988. (d) Minutes of the Planning and Zoning Commission meeting of February 17, and March 8, 1988. (e) Minutes of the Liquor Licensing Authority meeting of February 17, and March 2, 1988. (h) Ci> Minutes of the Public Library Advisory Board meeting of March 8, 1988. OrdinancJ(althorizing a Joint Funding Agre ... nt with the u.s. Departa nt of Interior Geological Survey for the river gaging station at the Bi-City Wastewater Treatment Plant. Ordinanc~approving the acceptance of a note from the lURA for repaya nt of funds advanced for redevelop ant proj e cts. roving n nd h Ci y o nglewOOd cone funds for conatruc ion ot a w P r n th Ar p hoe &{ rning the use ot i n bridge in blic H rin . (Du o s ci 1 m • ing s no discussion under this • c ion.) us, will I • • • • • Page 3 March 28, 1988 City Council Agenda 11. Ordinances, Resolutions and Motions. (),.{) /0 (a) Recommendation !roa the Finance Department to adopt a J( 11 ~ {))(I bill !or an ordinance amending t~e Non-emergency Retire-I/ L v-1 n ment Plan and to adopt a Reaolut1on authorizing an op-~ ~ J, 'l tional Honey Purchase Plan !or non-emergency, mid-t/MI v c-r Lt (1 .C) aanager, supervisory and confidential employees. ;t.t4:.t4i / (b) Reco .. endation !roa the Finance Department to accept the / (d) ). +-b n,. ( I {y( low bid !roa Hani!en Iaho!!, Inc. !or a lease/purchase ot a tire pumper and to adopt a resolution authorizing the City to enter into a 1 aejpur~base agre~Jent fo the same. r Lt v tr /;....t.t k.(h d . P../.IJ - Recoamendation !rom the Director of Engineering Services ~ to adopt a resolution to accept an agreement and quit ~ claia deed tor s~ree right-ot-way on 700 East Xenyon Avenue. ~.i/ "w ,or Recoaaendation !roa the City Manag er to adopt a resolu- tion aaending the Six-Quarter PIF budget tor the p r ~ ; ot January, 1988, through June, 1989. ~. ~~ '1l/'l Recoaaendation !roa the City Manager to adopt a Reaolu-1 tion authorizing a license agreeaent with Public Service Coapany to extend ita current trap hiae unti a vote can be held on the new tranchiae. t: 't,.t '(. _ V<.i ~eco ... ndation troa the Police Chiet to r quest approval tor out-ot-state training tor Police Departa nt Araor•rs (:at Colt Fire naa Factory, April 6, 7, and a, 1988 .•. q, '/. (g) Reco endation tro the Kallay Center Trus Fund Board ot Trustees to approve an expenditure ot $2 ,75 4 o con - struct an en ry a the South 1 •ntr nc o lley • Center. d I I 1 /, I . - • • • • • Page 4 March 28, 1988 City Council Agenda 13. City Attorney's Report. (Due to special •eeting status, there will be no discussion under this section.) 14. General Discussion. (a) Mayor's Choice. (Due to special •eeting status, there will be no discussion under this section.) (b) Council Meaber•s Choice. -* 11 I <i> ,bA ,..,, () Resolution appointi~~ra. 15. Adjournaent. AX/sb I • • • • FOR A MONDAY, MARCH 28, 1988 7:30 P.M. The City Council of the City of Englewood, Arapahoe County, Colorado, is called to a special meeting at City Hall, 3400 south Elati Street, for the purpose of conducting regular business de- ferred because of the cancellation of the regular City Council meeting of March 21, 1988. An agenda detailing the nature of this business is attached. /)It{ /3t(rll ' (;;D'i?MC COWN City Manager AM/sb ACICNOWL!!DGMEHT OP' RECEIPT OP NOTICE The following persons, all Council Meabers of the City of Englewood, do hereby acknowledge receipt of notice of the above special call 24 hours prior to the spe~ial aeeting in accordance to Section 1--5--2-2 of the 1985 Englewood Municipal Code, as ... nded. I • • - • • • • P R 0 C L A M A T I 0 N WHEREAS, the American Red Cross is a humanitar i an organization that brings together well-trained an d dedicated volunteers and paid staff who help people avoid , prepare for , and cope with emergencies; and WHEREAS, 1988 marks he 125th anniversary of the Red Cross movem nt, prov1ding us with an opportunity to reflect on the past and reaffirm our commi ttment to humanity; and WHEREAS, the Red Cross responds to the needs of hundreds of Col or ado residents involved in disasters and emergencies such as household fires, blizzards, plane crashes, floods and toxic leaks; and WHEREAS, he Red Cro s aids low-income famill s w1t h h 1r u 1lity b1lls, helps military personnel, veterans and f m1ly m mb rs by offering emergency communications, counseling and financial aid; and WHEREAS, Red Cross volunteers braille thousands o p ges for the blind, drive hundr ds of housands of miles transport1ng p opl o m dically-r la d appoin m nts, and as ist n holding blood dr1ves and recuiting donors to ass s th Bell Bonfll H rial Blood Cent r; nd Wllf.R£AS, R d Cross you h volun n s nd co anionsh1p w h h ho p ali z d, he • d; nd HP.REAS, 1ns rue d thousand of Colora 0 ns 10 y h alth cours •• h c y 0 1n h C1 y o 1 d y o K rch 1 I • • • • • \·;'1-II::FJ::I>.S, the United States Departr.ent of Housing and Urban Develq:rnent is interested in educating the public about national, regional and local ccmnunity develq:rnent activities; and l·:r!I:RE.a.s , the United States De?artment of Hoosing and Urban Develqr.ent is desirous of prcr.oting local caT.IIlnity develqr.ent activities; and \·IHEJ".EAS, the United States Departx;ent of Housing and Urban Develot:trent has Su;?PQrted local cc.r.wrercial develcpnent and redeveloprent, aided lc:M incane f~lies to obtain housing and r~1abilitate existing housing and provided rent subsidies for the elderly; and IJ-J:r.RI:AS, the Dlglewood City Cou."'lCil has acb:Jted as a CJOal, the protection of all existing residential areas, preserving and maintaining those areas which are sound, and irproving those areas where there is deteriorating or dilapieated housing stock. To this en~, City Counc1l has appointed t.'le Engl~ Housing Authority to achinister the Ca!ruru.ty Developnent Block Grartt Program, the COIELP PrOCJram, t.'le Rental Assis ance and Rental Rehab Progrtv:\5, a progrMI to assist lc:M-inc::ae persons to participate in first-t · hane o.-mershi;:> and other innovative prograns designed to assist lc:M and I!IOQerate inca-e persons to live in safe, clean, and secure heres in the City of 0\gl~'OOd; and \IHC'.E.\5, the City of Engle-'OOd h.u created an urban Renewal Authority, u an in ogral part of the CCI'mlll'lity developr.~ent proces , o coordinate a subs an ial cb.'l'ltc:Mn redevelq.r:ent project, i.ng al80 <Xlf1Cerned about the eoo: 'c health of the City; and ! ', niERCF'a'..E, I, SUsan Van Dyke, :ayor of the C1 y of Engle«XXd, Color , hereby declare the of Apr l 2 through 9, 1988 as <XJIOil.'TY DEYEL<JitBrl' I . • • • ENGLEVOOO CITY COUNCIL ENGLEVOOO, ARAPAHOE COUNTY, COLORADO Special Session February 21, 1188 ,\ The special Meeting of the Englewood City Council was called to order by Mayor Van Dyke at 7:30 p.M. The invocation was given by Council KeMber Koltay. The pledge of allegiance was led by Mayor Van Dyke. Roll was called: Present: Council MeMbers Hathaway, Koltay, Kozacek, Bilo, Habenicht, Clayton, Van Dyke Absent: None A quoruM was present . Also pres nt : City Manager McCown City Attorney DeWitt Assistant City Manager Vargas City Clerlt Crow COUNCIL ..U lOZACEX NOVED TO MI. r-. AlOmA ITEJI •• 2 -A I£SOLUTI. OPPOSI. A PIOPOSED SALES TAl II TN( CITY Of u.t.bOOD TO CC*STIIUCT TN( E-470 IRTMAY. Ayes : Nays : Absh n : Abs nt : t on carried. Council Mt.bers Kolta~. Hathaway, Kozacek, Habenicht, Btlo, Cla~ton, Van Oylte ne n Non I .. Englewood City Council Minutes February 29, 1988 -Page 2 • • • would delay the completion of the Santa Fe corridor. Council Member Hathaway connented that she would vote in favor of the resolution bued on the fact that she would like ~re options of where to put a .4S sales tax which would have a ~re direct benefit to the City of Englewood and its residents than E- 470 . Council MeMber Clayton agreed that if we were to approve a tax increase the money should be spent on the Santa Fe corridor. He further stated that this Council should urge the E-470 ca..ittee to look for user funded sources instead of increasing our co.petitive disadvantage. RESOLUTION NO. 8 SERIES OF 1988 A RESOLUTION OPPOSING A PROPOSED SALES TAX IN THE CITY OF ENGLEWOOD TO CON -STRUCT THE E-470 BELTWAY. COUNCIL MOllER ICOZACOC MOVm, COUNCIL JIEJIIER HABENICHT SECOIIDm, TO APPROVE RESOLUTION NO. 8, SERIES Of 1988, IN OPPOSITION TO E-470 BELTWAY SALES TAX. Mayor Van Dyke asked if there was anyone present who wished to address Council concerning this •atter . John Arnold, Executive Director of E-470 Authortty , 9999 East Yale, Denver, gave a briefing about E-470, stating that E-470 ts a local govern.ent road being created by the counties of ArapahD., Ad._s and Douglas and the City of Aurora . He explained the corridor concept and the alternate revenue sources which wre under consideration, stating the projected cost of E-470 wu Sl billion . He stresstd that the PI'OPOsed election scheduled for "-Y 3 would undoubtedly be postponed and he urve<~ Council to POStpone action on th s resolution . Mr . Arnold respoftded to quest ons and c ts of Council . "-Yor Van D ke thanked Mr . Arnold for appearing before Council , stating she hoped th is fss u. llfOuld be d sc ussed further and that t l i ne s of c nic at I on s hou l d be k pt open . I . ( Englewood City Council Minutes February 29, 1988 -Page 3 • • - It was stressed by Council ~r Habenicht that the resolution under consid- eration does not oppose the construction of E-470, only the inclusion of En- glewood in the taxing district. She further stated she felt that opposition needed to be .. de at this ti.e. Council Mellber Clayton also expressed his concerns about .. king a strong state.ent in opposition to the proposed increase of sales tax. Mr. Harrison replied that he felt a concise plan could be put together and that the .ore flexibility we have in working together the .ore we can acco.- plish, that we needed .ore co..unication between the parties. Council Mellber Kozacek ca..ented that he was certainly in favor of better co.- .unication, stating that the Council should have been asked for input before any action toward an election was proposed. Mr . Arnold responded that the E-470 co..ittee had offered to present this tn - for.ation earlier and that they were still willing to do so at any ti.e . Council Me.oer Bilo stated he did not feel this was an e.ergency action. COUNCIL MEMBER BILO MOVED TO TABLE THE MATTER TO COUNCIL'S REGULAR MEETING Of MARCH 7, 1988. COUNCIL MEMBER KOLTAY SECONDED THE MOTION. Ayes : Council Me.bers Koltay, Bilo, Van Dyke Nays: Council Me.bers Hathaway, Kozacek, Habenicht, Clayton Abstain : None Absent: None Motion to table failed and discussion continued. Greg Hank, Chief Engineer , E-470 Authority, b1"0"9ht to Council's attent on that the .eetlng on March 3 ts a public hearing to schedule election, there - fore, an election is not yet scheduled, only proposed . Also that the Authorf · ty is busy working on a couple of things relating to EnglftiOOd : l) a travel tl• analysis ""ich .auld look at ""•t the l1111acts wuld be for people trav l - Ing to and fro. var ious dest in ations around the •tro area , t tl• saved by E-470 , nu.ber of facilities/routes to be relieved by people using E-470 lch uld all faster travel on tho se routes; another analys ts Is being done on con01tc 11111cts of sale ta and ot r alternat ives tch ld be done prior to any 1 t on . uld H to c back and tal about s o tho pro - vi o t rtun to df cuss t prov s on w t C cil 1s re olut n . 0 th lr ftta 1 I • Englewood City Council Minutes February 29, 1988 -Page 4 • • • Council MeMber Clayton was concerned that the ~ntu. is for the sales tax, not necessarily the project, and he wanted to be on record that Englewood op- poses being included in the taxing district . Council Metlber Hathaway stated that residents she has talked to about this •atter are not opposed to E-470; however if they were infor.ed they would have to pay another .4S sales tax toward its construction, they •ight feel differently. Council Metlber Kozacek addressed the City Manager to deter.ine a t i• when Cou nc il would be available to discuss this .atter further with Mr . Arnold . Council Metlber Koltay called for the question . Vote results on the .otion to approve Resolution No. 8: Ayes : Council Metlbers Koltay, Hathaway, Kozacek , Habenicht, Clayton, Van Dyke Nays: Council Metlber Bilo Abstain : None Absent : None Motion carried . Council Me!ber Habenicht reiterated that she doe s not oppose E-470 or any of the other 470 's, stating that the beltway is necessary for the whole .. tropolitan area . Council Mellber Bilo c~nted that he felt Council h.cl Kted u if th is were a crisis -issue . He further felt Council could have looked at the issue a little longer to deter.ine .t\at this resolution would do. He explained that he h.cl voted against the resolution on that basis; however, he is opposed to addi - tional taxation upon the Ci ty and not in opposition to E-470 . Council r Koltay atf"Md that peritaps Counctl 's decision on thh resolu - on could hav delayed; hwtver, he did fMl that IIIMn t public ar - ng is held , £"9l 's resolution in opposition to bei"9 1Mluded ill t tu d is tr ct s hould presented to t c-ittM. r ozac wf s to be on record that fn his op n on t is ti tal ent t ts to stand up for the business and t peop l e • • • • • I . ( Englewood City Council Minutes February 29, 1988 -Page 5 • • • lois Lighthall, 1540 East Girard Place, stated she wished to suggest a viable compro.ise in the •atter of pe~itting signage on Ha.pden and Englewood Park- way as proposed by the EURA . She felt this ca.pro.ise would be in ca.pliance with the present sign code. She suggested that the EURA, not the developer, install a sign on Englewood city property. Under the Joint Sign Section of the Code a sign could be installed which would advertise Market Place, Trolley Square, lincor and the anchor stores, with the sign on private property, not State Highway right-of-way. Ms. Lighthall provided Council with the specific code citation -Section 16-4 -19-9e(4) -Joint Identical Signs. Mayor Van Dyke and Mayor Pro T .. Clayton both stated that Council was of the opinion the Board of Adjust•nt and Appeals had ruled properly in the variance request and that the Board was proper in upholding the code. Ms . Lighthall also suggested as another alternative that the individual anchor store na.s be dropped fro. the sign and only have directional signs. Ms . Lighthall and other interested parties were invited to attend the briefing during the recess. MYOI YM DYU CALLED FOI A I£CESS AT 1:40 '·"· The special Meting of the Englewood City Council was reconvened at 11 :05 P·•· Present: Council Me.bers Koltay, Hathaway, Kozacek , Habenicht , Clayton, Van Dyke Absent: Council r Btlo A quoru. wu present. A B 11 for an Ordfnanc grant ng to t Englewood Urt».n right to use IUnictpal rfght -of -~ wa s considered . c ll BILL . 5, INTRODUCED IY C A llll FOR M OltOI (£URA) A RIGHT TO US ll . '· ER CLAYT , al Aa.tthortty a AUTMORIT ll IIU. " - • Englewood City Council Minutes February 29, 1988 -Page 6 • • • would vote to approve the Bill on condition that the provisions of the Sign Code be reviewed. Council Me.ber Koltay felt the sign was a crucial ele.ent of the develo~nt and that he hoped it would prove beneficial to both parties. Mayor Van Dyke called for the vote: Ayes: Council .....,.rs Koltay, Hathaway, Kozacelt, ClaytOft, Van Dyke Nays: Council Me.ber Habenicht Abstain: None Absent: Council Me.ber B11o COUIICIL ..0 lOlTAY 11DVtD TO ...... The -.ting adjourned at 11 :17 P·•· I . - c I. Call to Order • • ,. • EIIIUVOOD CITY COUIICIL EIIILEWOOD, AIIAPAHO£ CCUITY, COLOUDO lqular Session IIAilCH 7' ltu The regul1r -.eting of the Englewood City Council w1s c1lled to order by Mlyor Van Dyke 1t 7:34 p.•. 2 . Invocation The i nvocation WIS given by Council Me.ber Koltay. 3 . Pled .. of Alletlance The Pledge of Allegiance was led by Mayor Van Dyke. 4 . loll Call Present: Council Me.bers Hathaway, Koltay, Kozacek, Bflo, Habtntctt, Clayton, Van Dyke Abstttt: None A quo wu present . A 1 so present : 114 " tt C ty MlnA91r McC..n Cfty Attorwey o.Mttt Assistant City Manattr Varga s Ctty Clerk Crow Director Fonda, Uttlfttes Director l , Park s & reatton Executtv 0 rector Hinson, URA lf 0 tor F n, F nanc S£COIID£D, TO lo, I Englewood City Council Minutes March 7, 1988-Page 2 • • • {a) Mayor Van Dyke presented the Municipal Finance Officers Association Award for the fiscal year 1986 to Margaret Freetaan, Acting Finance Director . Mayor Van Dyke commended Ms . Free.an and the staff of the Finance Department for their efforts toward this award . Ms. Free.an introduced Julie lucas, Chief Accountant for the City. {b) Ja.es Grumet, 3065 South Shenaan Street, brought to Council's at - tention the proble• of trash disposal which exists in the City and urged City Council to assume ~re control of the situation. Various .ethods of control-ling this matter were discussed . 7. Non-scheduled Visitors There ~re no non-scheduled visitors. 8. C~tcattons and f'rocl-ttons (a) COUIICJL JOID lOZACOt NIWED, COUIICJL NEJII£1 CLAYTOII S£CCII»ED, TO PIOCLAUI MlCH 19, 1911 AS IIISS OI&LEWOD DAY All» DECLAIE IWtCH 19 THIOUIH 211, 1988 AS MISS EMLEWOD SCHOlMSHJ' 'MEMT WOt. Ayes: Council Me.bers Koltay, Hathaway, Kozacek, Btlo, Habenicht, Clayton, Van Dyke Nays : None Abstain: None Absent: None Motion carried. Mayor Van Dyke presented the approved procl ... tton to Walla ce Hackling, representative of Miss Engle.ood Pageant . Mr . Hackling clarified that th co.,et1t1on wa s open to any young lady bet the ages of 17 and 26 o 11 es. r s or goes o school within the city ll•tts of Engle.ood . 9. Consent Attnda t•J (c) (d) ( J ( ) (g) f J NAtlWMY IMO, CGUIICIL 1T I (a) (t). no, I . - Englewood City Council Minutes March 7, 1988-Page 3 Nays: None Abstain : None Absent: None 10. Public Hearing No public hearing was scheduled. 11. Ordtnances, ltesoluttons and llottons • • • (a) City ,..nager McCown presented a rec:o.enclation fro~~ the Director of Engineering Services to adopt a Bill for an Ordinance approving the whole cost of the i~rove.ents -.de within Paving District No. 3Z; said Bill would also approve and confll"ll the apportla...nt of the District, assess costs against each lot or tract of land, and prescribe the -.nner for collection and pa,.ent of the assess.ents. Also being reca .. tnded was approval of a Resolution au - thorizing the notification of property a.ners of the assess.ents, establishing 1 date for a public hearing on the assess.ents. It ts rec~nded that April 11 , 1988 be establ tshed for the public hearing. Mr. McCown explained the pro - cess which will be followd and responded to questions of Council Nlllbers. ( COUNCIL Bill NO . 6, INTRODUCED BY COUNCIL MEMBER KOLTAY, WAS READ BY TITLE: A BILL FOR All ORDINANCE APPROVING THE WHOlE COST Of THE UIPROVEMEJfTS MOE WITHIN PAVING DISTRICT NO . 3Z, IN THE CITY Of EIClOIOOO, COLORADO; APPROVING ANO CONFIRMING THE APPORTIC»>IT Of SAID COSTS TO EACH lOT OR TUCT Of LNI) IN SAID DISTRICT; ASSESSING A SHARE Of SAID COST AGAINST EACH lOT OR TRACT OF LAND; ANO PRESCRIBING THE MilER FOR THE COllECTION AIIO PAYIOT Of SAID ASSESSMENT . CCIUIICil .._. UUAY .... CIUIICil .._. IIATIMIIlY su-.o. lllaT COUIItll llll •• I, IOIU tF 1-•• AlP-D. ~s : COWKfl ,....rs Koltay, Hath~Wa.Y, Koucet , ltlo, Nays : Habtfttcht, VM Dyb AbstaIn: COWK tl r Chyt:on plat Abslftt: ton carrfld . Co..~ p rty wit • ta llCI.U, TO tF AIIIL II, I I • • ,. • Englewood City Council Minutes March 7, 1988 -Page 4 ( Ayo, ''""'" -.. koltoy, Hoth .. oy, ''"'''· Bno, Habenicht, Van Dyke Nays: None Abstain: Council ~r Clayton Absent: None Motion carried. Council ~r Clayton explained he abstained fr011 voting u he owns property within the District. (b) Director Fonda presented a reca.endation fr011 the Bi-City Treat- ment Plant Supervisory Co..ittee to adopt a bill for an ordinance authorizing a Joint Funding Agree~~ent with the U. S. Depart•nt of Interior Geological Survey for the river gaging station at the Bf-Cfty Wastewater Treat•nt Plant. Mr. Fonda explained that Bi-City's share fs SOl of the estfuted cost. The agree.ent has been revfftled by the Water and Sewr Board, and the Board recOil - Mends passage of the ordinance approving the Joint Funding Agree.ent. It was clarified that the Cities of Englewood and littleton share the costs at-tr i buted to the Bi -Cfty's share. COUNCIL Bill NO . 7, INTRODUCED BY COUNCIL NE .. ER KOZACEK, WAS READ BY TITlE : A Bill FOR M OAOI E APPAOYING THE JOINT FUM)ING AGREEMENT BETWEEN THE CITY OF ENCUWOOD BI -CITY WASTEWATER TREATMENT PlMT AND THE U.S. GEOlOGICAL SURVEY FOR TH E OPERATION AND NAINTE E OF A FOUR -PARAMETER WATER QUAliTY MONITOR OF THE SOU TH PLATTE RIVER AT THE ENGLEWOOD GAGING STATION . COUICJL .._. UZACEl flOWED, CCUI:JL 110110 IMIDIJarr SW.O, TO AHIOVE COUICJL IIU •• 7 I SOJ(S ., ••• Ayes : Council rs Koltay , Hath ay , Koucelt, Bflo , ays : Habtntcllt , Clayton, Van Dyke Ab s tain ; on c r IDI!MDJI Fill I - J.D. DITCHES. Hat oz c , ltlo , I . • • Englewood City Council Minutes March 7, 1988-Page 5 Ayes: Nays: Abstiin: Absent : Motion carried. Council MeMbers Koltay, Hathaway, Kozacek, Bilo, Habenicht, Clayton, Van Dyke None None None (i) Director Fonda presented a reco..endation fr~ the Water and Sewer Board to approve the Blatchley contract to prepare testi.ony and exhibits for the little Dry Creek and J. D. Brown Ditches water court case for a transfer to a c~n headgate on Big Dry Creek. These junior water rights were part of the 1984 Abandon~~ent list, which has been protested by the City. The esti - mated budget for this work by Blatchley Associates is $4,000 . It was clarified that the funds for both Blatchley contracts would be paid out of the Water Fund, not the General Fund. COUIICIL lOBEl lOZACEit IIOVED, COUIICIL IOIB HUEIIICHT S(CC.O, TO APPROVE THE ILATCHlEY COIITUCT TO PI£PAI£ TESTI..V FOI THE LITTLE .y CIEDt AM) .J. D. IIOWI DITCHES MATEl IIIHTS . Ayes: Council .._.,.rs Koltay , Hathaway , Kozacek , Bilo, Habenicht, Cl ayton , Van Dyke Nays : None Abstain : None Absent : None Motion carried . (c) A rec-ndatton fr~ the Englwood Urban Renewal Autho ri ty (EURA) to adopt a bill for an ordinance approving the acceptance of a note f~ the EURA for ,..payMnt of funds advanced for redevelo,.nt pi"'jects was con - s i dered . "-yor Van Dye stated her support oft Btll . COUNCIL BILL • I, INTRODUCED 8 MAYOR VAN DYK£, READ BY TITLE : nt of fund ldvanctd to t Aut or i ty nst ad o (S7 .000 ) I . • • - Englewood City Council Minutes March 7, 1988 -Page 6 MAYOR VAN DYKE MOVED, COUNCIL MEMBER HABENICHT SECOfi)EO, TO APPROVE COUNCIL BILL NO . B, AS ANDIOED, SERIES OF 1988. Before calling for the vote, Executive Director Hinson, EURA, was invited to address Council concerning this issue. Mr . Hinson pointed out that the note whic h had been approved by EURA at its March 2, 1988 lll!eting obl !gated the Authority to pay up to $788,000 (note attached to Council Bill No. 8). He further infon.ed Council that if the Bill as a.ended was approved, it would be necessary for the Authority to also a.end its Resolution approving the Note . He explained that the aMOunt of the note did not obligate Council to advance $788 ,000 , only that the Authority would be obligated to repay the City to a maximum of $788,000 . Mr . Hinson was instructed by Mayor Van Dyke to request the EURA to make the necessary llll!ndlll!nts. Vote results: Ayes: Nay s : Ab stain : Absent: Council Members Koltay, Hathaway , Kozacek , Bilo, Habenicht, Clayton, Van Dyke None None None Motion carried . Counc i l Member Kozacek stated for the record that he did not feel that he had had adequate tt11e to review this •atter; however, since the utter had been carefully scrutinized by the legal attorneys on both side, he had voted In favor of it and ca..ended legal counsels for a job well done . (d) Director Kuhn presented a rec~ndatton fro. the Parks and Recre - ation Depart~~ent to adopt 1 bill for an ordinance approv ing an agre nt bet en Arapahoe County and the C ty of Engle.ood concerning the use of lo - tery funds for construction of a pedestrhn brtdg In Bellevl Par . Mr . uhn explained that the esti•at d costs to construct the br dge are $35 ,000, $19,000 of fch will be from Arapahoe County lottery funds, and the addl on - al Sl6 ,000 from th PI F" fund balance for Belleview 111 r Par fmprov H furth r expla i ned that Arapah County will have the r 9 t to ex p ndttur s on th bridge proj t, nspect the project, and as part agr n , th Ct ty tl l plac a plaqu on th br i dge ac n 1 g l ng t 's co n r i bu o t ard t proj c t . COO II Bill c c 8Y Tl l£: ( Englewood City Council Minutes March 7, 1gaa -Page 7 Nays: None Abstain: None Absent: None Motion carried. • • • COIII:JL 110110 ICOZACEIC IIOVED, COUIICIL 110110 ICOLTAY SEC:.O, TO ••• FOIIMID MDitA ITEJI (j) • USE OF IECIOTI. CEJITtl FOI AfTD ,_ PAITY • MY 14, Jgaa, All) AIEJmA ITEJI (k) • IOI.F COUISE COIICWI. c:c.1"'ACT. ~es: Council Me.bers Koltay, Hathaway, Kozacek, Bilo, Nays: Habenicht, Clayton, Van Dyke None Abstain: None Absent: None Motion carried. (J) Director Kuhn presented a reca..endation fro. the Parks and Recre- ation C~tssion to approve use of the Recreat ton Center for Englewood High School After Pro. Party on Nay 14, 1•. He explained that the school IIIOUld be providing supervtston, the City IIIOUld provide tw staff 11811bers, with an approxt81te cost of $140 to the City. It was clarified that the use of the pool was excluded. CGUIICIL _. CLAYTII DD, COUIICIL _. UZKB Billa, ll ~ TilE USE OF TilE_._ IECIIOTI. CBml AS lEtt Zt::aa IY ... NIU-IBI£. an• C:.ISSI •• ~·= la.Js : ta fl: t : MottOft carried . CCMiftttl .....,.rs ltoltay, Hau...y, ltoucett, ltlo, ....._tcht, Clayton, Vu DyU ... CLAYTII DD, CIIICIL (k) • _, CIUISl «*EESSI. LIAS( y, lone • Habefl t c t. a olu - for t period soluUOft luded that t fUftd wtll Ctty, Ud that ~ I . • • • Englewood City Council Minutes March 7, 1988-Page 8 RESOLUTION NO . 10 SERIES OF 1988 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. COUNCIL MO.ER HATIWIAY IIOYm, COUNCIL ROllER ICOZACEIC SECOfl)m, TO AmGYE RESOLUTJOII 110. 10, SERIES Of 1111. It wu exphtned that thts ttet1 had been discussed tn length at the study sesston and that the study session, which precedes the regular ~ettng, is open to the public. Vote results: Ayes: Nays : Abstain : Absent: Motion curled . Council Me.bers Koltay, Hathaway, Kozacek, Btlo, Habenicht, Clayton, Van Dyke None None None (f) Acting Director Free.~n presented a reca..endation fro. the Finance Depart~nt to adopt 1 Resolution establishing the Property and Liability Ex- cess Insurance Fund . Ms. Free.~n explained the background of the previously approved purchue of property and 11abi1 tty tnsunnce fro. Colorado Inter -gover~ntal Risk Sharing Agency (CIRSA) with SlOO ,OOO per event deductible as opposed to Sl ,OOO per event deductible . She further exphtned the direct savings to the General Fund whtch will be realized fro. this concept . Of the 1981.1 Insurance budget (S533,887), Sl86,144 wtll be paid for insurance pr•i - u.s, SZ98 ,479 will be tnnsferred to the Property and ltabtltty Excess In- surance Fund and S49 ,Z64 will be returned to the Cieneral Fund Fund Bahnce . Th Property and ltabtl tty Ellcess lnsurMCe Fund wtll be used to pay chi•s abov SJ ,000 and up to SlOO,OOO . 5"-reca•anded -..roval of the R so Iutton establhht t Fund F n responded to questions of Counctl. A I . Englewood City Council Minutes March 7, 1988-Page 9 ,. • • • interfere with the rights of .unicipalities to deten~ine their own operations and Manage.ent of its projects . He felt it would behoove Council to show its opposition to the Bill . RESOLUTION NO. 12 SERIES OF 1988 A RESOLUTION OPPOSING ADOPTION OF SENATE BILL NO. 168 WHICH WOULD ESTABLISH A PROTEST PROCEDURE FOR UNSUCCESSFUL CONTRACTORS WISHING TO CONTEST AWARDS OF CONTRACTS FOR PUBLIC PROJECTS. COUNCIL 11011£1 IILO IIOvtD, COUNCIL IIDIEJ ltOZACDt S£COII»£D, TO APP10YE l£SOW- TICIN 110. 12, SEalES OF 1911. Council Mellbers Habenicht and Clayton shted their support of the Resolution; it was pointed out, however, that Senate Bill No. 168 did not relate to •nicipal projects but to public projects . Vote results : Ayes : Nays : Council "--bars Koltay, Hathaway, Kozacek, Bilo, Habenicht , Clayton, Van Dyke None Abstain : None Absent : Motion carried. None 12 . City .......... I I leport Mr . McCown did not have any utters to bring before Council. 13 • City At tOI"ftty ' I leport Mr . DeWitt provict.d Council wtth a report CCNKen~ing laftdlord,ltettant relation -ship of the Englewood Housing Authority . 14 . .._.al Dhcus1ton (I) MAyor 's Choice or Van Dy did ~t av ny (b) Coun f1 ~ l CC»ij ell. c h aftd 1 • I - • • Englewood City Council Minutes March 7, 1188 -Page 10 Absent : None Motion carried. • • • COUIICIL ~EI IIATHAIMY IIOYED, COUIICIL ....U ltOZACEJC SECCIID, TO APPOIIIT MELODY ltOLLATM TO M DPII£D VACMCY Cll TfE ELECTICII CCIIIIISSICII, SAID APPOIIIT- IEIIT HTilOM:TIV£ TO FEaiMY 21, 1111, TO EXPIRE FEIIUAIY 1, 1H2. ~es: Nays : Abstain: Abset1t: Motion carried. Council "'-bars Koltay, Hath.way, Kozacek , Btlo, Habenicht, Clayton, Van D,yke None None None Council Mellber tt.thiWIY c.-nted that this c011pletes the appotnt.ents to Boards and Ca..issions; however, she stated there are a few other legalities concerning appointllents which Council would be considering in the future. (tt) Council .....,_r Bilo requested that Council review the residential per.tt parking syst .. and associated fees. Staff was directed to provide Council with so. options to consider. ( t tt) Council .....,_r Habenicht stated she had attended the recent Po lt ce Award ctraon t es and was very iiiPressed with the pre sen tat tons. (tv) Council Me.ber Kozacek requested that Council schedule a dis - cussion of the tnfo,...tton he provided tl•• concerning Seftate Bill 68. 15 . Adjourw.nt CCUICIL IIEJIIEI lOUCEI ..WU TO..... The .. ting adJourned at 1:15 p.• . I . • • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Spectal Sesston March •• 1111 c The speci al .eeting of the Englewood City Council was called to order by Mayor Va n Dyke at 5:35 p.•. The invocation was given by Council ~r Koltay . The pledge of allegiance was led by Mayor Van Dyke. Roll was called: Present : Absent: A quoru. wa s pre sent. Council ~rs Koltay, Kozacek, Bilo, Habenicht, Clayton, Van Dyke Council ~r Hathaway Also present: City Manager McCown City Attorney DeWitt Assistant City Man~r Vargas Executive Director EURA Hinson City Clerk Crow Dick Hinson, Executive Director of the Entlewood Urban Renewal Author ity, addressed Councfl regardfnt the granting of an Irrevoc able 1 tcense to the EURA for the placatnt of a stgn tn the -.dian at U.S .ll5 and Englewod Parkway . He reit•rated that the sign is essential to the redevelo~nt of the old Kfng Soopers site, which is under contract to lincor . He felt that the tcono.tc iiiPact and IIIIPOrtance of the stgn had been presented to Council previously . He encouraged the Council to pass the Ordinance on final readift9. Mayor Van Oy e as ed i Councfl had questions for Mr. Hinson . There re none . S t uUd if there was anyone In the alldltnet whhed to address C ty Counctl on thh hsue. There was no response . COUIItiL IIU •• 5, IIIT-.cED ll COUIItiL ... CLAn• MAS IUD IY TITU : ·-· TO US( TO TN[ DIOCI) ..._ -~ ~ITY (0.) A IUiHT -Of-WAY . ttng t 5:39 , ••• TAY , TO IHilOY[ I . - • • Englewood City Council March 9 , 1988, Page 2 Vote results: Ayes : Nays: Abstain: Absent : Motion carried . • • • Council Me.ber Koltay, Hathaway, Kozacek, Bilo, Clayton, Van Dyke Council "-ber Habenicht None None COUNCIL MEJIIER KOLTAY *WED TO AO.JCJURI . The .. ting adJourned at 5:40 P·•· - ( • • • • EM1 EMOGD ern CCUICIL o.t.EMOGD. AIAPAHD( CCUITY • COLOUDO ll!tular Sesston llarch 21. 1111 The regular .. ting of the Englewood City Council wu called to order by the City Clerk at 7:30 p.a. Roll was called: Council Mellbers Present: None Council Neabers Absent: Hathaway. Koltay, Kozacek, Silo, Habenicht, Clayton, Van Dyke Staff Neabers Present: City Clerk Crow The City Clerk aMOUnted that due to a lack of a quorua the regularly scheduled .. ting of the Englewoct City Council shall be rescheduled to March Zl, 1111 7:30 p.a., Engle.ood City Council Chaabers. The .. ttng was adjoumecf at 7:31 p .a • • I . • - • •' • "' -... )e~.,_,_ ~~ c-.J ..:Jt~ ('~~~: ( I . • • • P R 0 C L A M A T I 0 N WHEREAS, the American Red Cross is a humanitarian organization that brings together well-trained and dedicated volunteers and paid staff who help people avoid, prepare for, and cope with emergencies; and WHEREAS, 1988 marks the 125th anniversary of the Red Cross movem nt, providing us with an opportunity to reflect on the past and reaffirm our committment to humanity; and WHEREAS, the Red Cross responds to the needs of hundreds of Colorado residents involved in disasters and emergenc i es such as household fir s, blizzards, plane crashes, floods and toxic leaks; and WHEREAS, he Red Cross aids low-incom famili s with their u ility bills, helps military personnel, veterans and family members by offering emergency communications, counseling and financial aid; and WHEREAS, R d Cross volunte rs braille thousands of pages for he blind, dr1v hundr ds of housands of mil s transporting p ople o m dically-r 1 d appointm n s, and assis in holding blood driv s and recu ing donors o assis h B ll Bonf1ls H morial Blood C n er; and REAS, R d Cross you h volun p with h hosp1 al1z d, WH!';R .AS , Colora o ns 1n 1n cuy CIV d r Y rs share he handle housand of cour a; C1 y of y 0 l9 and I • • • • IJD::P£11.5 , the United States Depa.rtrnent of Housing and Urban Develcprent is interested in educating the public about national , regional and local community devcl~t activities ; and !·;T!CR£.'\5, th~ United States Departnent of Housing and Urban Develcp;ent is desirous of pr~ting local cornnunity devel opment activities ; and I·IHE!~.EAS, the United S ates Dcpa.rtnent of Housing and Urban Develqxrent has s rted local ca:wrercial develop>elt and redeveloprent , aided low incare far.rilics to obtain housing and rel1abilitc1te existing housing and provided rent subsidies for the elderly; and City Council has adopted as a 9Qal, the protection of all existing r; si tial areus, preserving and maintaining those ar which ar sound, and irrprov.1.ng those areas wher there is deteriorating or dilapiclated housing stock. To this end, City Council has appointed the Engle-.. fbusing Authon y to adni.nister the CcJor:unity Develorment Block Gr<mt Program, the <XliEl..P Proc)ram, the Rental Assis ance and Rental Rehab Progr , a progrllll\ to is low-i rsons to participate in first-t · ship cVld other innova ive progr desic;pled to assist low and i sons to li in safe, cl , and IIOCUre in the City an lJrbruo\ 1 Au hori ty, Dr'OCI!!IUI, to ooordina .irlq &180 OOIICeX I lied I . • • .. • BOARD OF ADJUSTMENT AND APPEALS ENGLEWOOD I COLORADO FEBRUARY 10, 1188 The reguhr ~~eeting of the Englewood Bo1rd of Adjust~~ent 1nd Appe1ls wu c1lled to order by Ch1in11n Welker 1t 7:30 P·•· Members present: Se~ur, George, Doyle, L1ghth1ll, W1ldlun , Shaffer and Welker . Also present : Dorothy Roa.ns, Staff Advisor Nancy Reid, Assist1nt City Attorney Mary Alice Rothweiler, Planner APPROVAL OF MINUTES. BOARD MEMBER LIGHTHALL MOVED THAT THE MINUTES OF JANUARY 9, 1988, BE APPROVED AS WRITTEN . Board Me.ber WalO.an seconded the .otlon . All seven llellbers voted in favor of the .ot1on, and the Ch1ln11n ruled the Minutes of J1nuary 9, 1988, were approved as written . AH'IOVAL Of FINDJIIIU Of fACT . BOARD MEMBER SEYJOJR MOVED THAT THE FIIIOIIIGS Of FACT IN CASES 127 -87 , 1-88 BE APPROVED AS WRITTEN . Board r Doyle seconcMd the .otton . All seven llellbers voted '" favor of t •ttOfl , 11\d t Chat " ruled the f ndlngs were approved u itttfl . PUILJC HOIJII.S CASE Z·88, 4601 South Clar on Street . ... I . • • • •ir; UPC, Sect i on 1309 , Prohibited locations of Witer heaters; EHC , Sec - tlon 9-JF -48 , location for gas -fired water heaters ; EHC, Section 9-JA -2, Mini.u. Ceiling Height . Ms . Rothweiler called the Bo1rd's 1ttention to 1n error In the st1ff re - port on p1ge 2, where, r1ther th1n the b1sement unit, it should be refer-ring to the re1r unit. The Ch1i~n asked th1t the 1pplic1nt ca.e forward for testi.any . John Mulcahy, 6800 fast Tennessee Avenue, was sworn in for testi.any. He st1ted th1t he did not object to the re-quire~ents for rep1ir which involved he1lth 1nd safety, but there were 1 gre1t a~ny viol1tions cited which required rep1lrs in 1 short tl... Dif - ficult f1n1nc111 proble.s were presenttd, but he Slid he would try to .. et the requi r ... nts if he wu given 1 reuon1ble 1110unt of t 1... He Slid he h1d 1lre1dy begun sa~e of the work, but there were four 1re1s -- the ones addressed In the lppllcltlon --whlch would be difficult or l~s ­sible to .. et. The .ast difficult requir ... nt w1s the seven foot required ceiling height . The houses h1d been built e1rly in the century, 1nd to c011ply with this require.ent w1s just not feasible, In the appllc1nt 's opinion . The w1ter he1ter which Is Instilled In the bathroo. could be .aved out of the b1throo., but there Is no where for it to be put . It has been there for over 20 ye1rs . Mr . Mulc1hy Slid there •lght h1ve been 1 •lsunderstlndlng 1bout sa.e of the requlr .. nts, 1nd he could -.t even sa.e of the four requlr .. nts which he is IPPtlllng; but he would have to h1ve 1 v1rlance for the seven foot ceil I ngs . Ms. Ll ghth1ll nt through the following list of requir nts which the lufld - lng Inspectors hid sent to the applic1nt, 1nd asked Nr . Mulcahy to state what , If anything , had been done to ... t the Inspectors ' request . I. 1t hy d nothing h d n don • z. f1 n 1c 1 4 , Du 1f h p l1 • • • 2. Splices in the wiring have not been contained in an approved junction box. 3. Fixture at rear door has not been replaced with an approved weather proof fixture. 4. The broken fixture has not been replaced. 5. Fixture in shower has been rep laced with an approved fixture for da111p locations. 6. The branch circuit fuses had been replaced with proper sized fixtures. 7. Copper gas supply connector has been replaced. 8. The gas line to the kitchen range has been fixed. 9 . The gas shutoffs have not been .aved. 10 . The kitchen sink has not been replaced. 11. The single wall vent fra. the water heater and furnace have not been .oved . 1Z . The bastn drain on wash sink has been connected. 13 . The air circulation for the furnace has not been changed. 14. The bathroa. floor and wall have been covered wtth non -absorbent uterhl . 15 . The ceiling In the furnace roo. has been partially co.pJeted. 16 . Th holes In the walls have beeft repaired . 17 . The railings have not bteft Installed. 18 . Th water leaks have been ~paired . 19. 20 . T I . 1 t . l . 4 . o t excess stor nt ha has been cleared away . r1110ved . ht up to sl ndard . us n r PI red. I . • • .. 7. Same as above . 4r 8 . The sagging floor has been repaired partially. 9 . Walls have not been made watertight. General 1. The general ceiling height has not been raised . 2. The windows have been made openable . 3 . The windows have not been screened . 4. Rainwater has not been redirected. S. Most of the trash and debris has been re.oved fru. the property. 6 . Weeds were controlled by the winter . Mr . Mulcahy said that the require.ents which he is appealing concern: 1) The distance between facilities In the bathroo., which Is a very s.all bathroo. and can only be enlarged by .aking a bedroo. s.aller; 2) The furnace intake, which he had not understood; 3) The .aving of the water heater ; 4) The ceil - ing height . He said that the rear unit does have so.. portion of the ceiling over seven feet, but to correct this would be .ajor construction, and In the base-.nt, nearly l~osslble. Mr . Waldman asked about the repairs whi ch had been .ade. Mr . Mulcahy said he had done so.e hims lf, and he had hired licensed people to do others. So.e electrical work wa s done by hi•, but a licensed electrician would be needed for the rest of the electrical wor . Ther re no other speakers for the requ st. Th Chainaan asked f th re re any speakers against the request . Carl 46 11 t , • • • , • • • asked that for the safety of the neighborhood, the units be brought Into compliance with the Housing Code. He also questioned whether the repairs have been made since the outside things had not been re.aved. Mr. Doyle said the rear unit did not look habitable. Mr. Welker said it had always been occupied. There is now 1 single wo.an living in it . There were no further questions or speakers in opposition. The Chiirmin asked if Stiff hid iny further coa.ents. Walt Groditski Code Ad•inistritor for the City of Englewood was sworn tn for testi.any. He e.phisized that the appeal concerned only four ite111s. The others on the list could be addressed by the Building Division and the owner. He uked Ji• Morrison to address the plllllbing and .echanical concerns . Ji• Morrison Plu~ing and Mechanical Inspector for the City of Englewood wu sworn in for testi.any. He sut.itted Exhibit I, excerpts fr011 the plllllbing and .. chanical codes. He said he was concerned 1bout the very crowded conditions in one of the bathr0011s, where there ts only 1 1/Z inches bet-.en e1ch side of the toilet . The tank is not centered 1nd it overh1ngs the tub . It ts difficult to clean around 1nd underneath, and the t1nk ts dangerous tf so.eone should slip in the tub . There is only zg• fr011 the front of the toilet to the end of the tub to enter and exit the tub . Mr . Morrison 's next concern was the g1s -ftred Wlter he1ters in the blth - rOOII which ts next to 1 bedro011 . If the heaters -.lfunctton, the w1ter heaters use up oxygen fr011 the bedro011 . People often hang clothes In blthr0011s , Increasing the d1nger . If Public Service Co.pany h1d sen the existing situation , they would have shut off th g1s . Mr . Mulc1hy could rectify by Installing In electr ic Wlter he1ter or 1 "direct vent• w1ter he1ter . r . rr ts on 's third concern wu the hck of proper air fnhke n the furnac ro011 . Under the present ctrcu.shnces 1 ulfunctton would spr ad Clrbon -onoxtd through the whole house . This furn1ce takes 1tr fro. lOS of th building, tc h Is Ineffici ent 1nd dangerou s. In lddtt ton, double u Its 1re not pe~ltted to exch1nge 1tr, 1lthoug t Is is not s rtly d ng rous . A911n, Public rv ce uld s ut h gu service down for t 101 lr tn t u d t h I n r out td ld I I bl • I , • • • Mr. Rusk said his job is to report . Ceilings less than seven feet high can be dangerous, especially in the basement with duct works hanging below the ceil-ing height. Mr . Groditski returned for testimony. He st1ted that the Minimum Housing Code is intended to 1pply to existing structures. The seven foot ceiling require- ment is pretty st1ndud in residences. The intent is to provide hibihble space; minimum headroom on stairwAys 1nd door sizes can be Affected by lower ceilings. There is danger that sMOke 1nd fire will spread faster 1nd there is some hazard to firemen with lower ceilings. Mr . Waldman asked why only the four issues were addressed in the 1ppe1l, rather than the entire list subMitted by the Enforce.ent Officer. Mr. Grodit- ski said he Addressed the s1fety issues first, 1nd those four issues were the only ones which Mr . MulcAhy did not wish to ~et. There were no further st1ff COMMents . The ChAirman ~de the st1ff report p1rt of the record, 1nd 1sked if the 1pplic1nt hid 1ny further co.ments. Mr . Mulcahy said the remaining "trash" belongs to the tenants, 1nd he c1nnot just take their luaber and equi~nt . He h1s ~ntioned it to the tenants, 1nd has been incrusing pressure on them to MOve . If necessary, he wtll evict. The cars have bee~ 1 problem only recently. Mr. MulcAhy said when he bought the property it w1s designAted for three units, 1nd seems to h1ve been three units alw1ys. He Slid he WIS unaw1re of Mlny of the Housing Code requir ... nts when he bought the property, but ~ny problems were c1used by the ten1nts. He Slid h h1s ~de ~ny improve.ents . He 1lso noted it t1kes three .onths to evfct bid ten1nts, lnd the people .tlo Clused so 1111ch electricAl d~ge were destroying the property during the three .onths It took to evict them. Mr . MulcAhy esti~ted It would t1ke six ~ths 1nd bet en four 1nd five thou - Sind doll1rs to bring the units up to code . He Slid that now that he better understood the four requlr nts ch he was appealing , he believed he could t 111 but the seven foot cell ng height . Th Ch1trman 1s ed tf staff h1d 1ny further c nts . ntty Oev lo regis - T I . • • • The members locked in their votes, and gave their findings as follows: ., Mr. Seymour said the require.ents being appealed are serious violations, and the ceiling heights are ~ch too low. Mr . Doyle said the •any code violations are inexcusable. Ms . Lighthall said the violations are serious and granting the appeal would weaken the codes. Ms. George the violations are ones of safety, and are not good for the resi -dents or the neighborhood. Mr. Waldman said the landlord should protect the tenants, and the housing codes should be enforced. Ms . Shaffer said there are direct violations which create serious hazards to the tenants. When the votes were displayed, all six -..bers present had voted against the appeal, and the Chain.an ruled the .atton was dented . BOARD MEMBER WALDMAN MOVED, AND BOARD MEMBER SHAFFER SECONDED, THAT FOR PROP- ERTY LOCATED AT 4601 SOUTH CLARKSON STREET, AN APPEAL BE GRANTED FROM THE OR- DER OF CODE ENFORCEMENT OFFICER RUSK TO REMEDY THE FOLLOWING VIOLATION : EN - GLEWOOD HOUSING CODE, SECTION 9-lA -2, MINIMUM CEILING HEIGHT. The -..bers locked In their votes and gave the ir findings as follows: Mr. Se~ur said he •tght consider granting the appeal If the ceiling height In the upstairs unit re seven ftet high, but since both that and the base --.nt are lower he vot d against the appeal . Ms. George voted for th appeal because the lower ceilings are already tn ex - Ist nee, and there Is no 1-..diate need for co.pltance in this requtr ... nt . Mr . WalO.an voted forth appeal, saying he can't see that there would be any dang r for a tenant: the requfre.ents fs only a suggestion, and the spirit of th cod will not be v olated. Mr . Doyle voted for th appeal becaus ther are .. ny ho.es with s •flar ce 1· ng h lghts In the ar a . S I h oth r • • • • • 7 • '· uld vo or t, sh ottd I . , • • - Mr. Welker returned to the Chair and declared a recess. The meeting resumed at 9:20 with the same persons present. The Chairman opened the public hearing for Case 13-88, saying he had proof of posting and publication. Ms. Shaffer said she would be abstaining from the discussion and vote on this matter. The Chairman asked the staff to identify the request. Mary Alice Rothweiler Planner for the City of Englewood, stated that the applicant, Englewood Urban Renewal Authority, was requesting a variance to pen~~it off-site Joint Identification signs at the termini of Englewood Parkway. This is a variance fro. the Co.prehen - sive Zoning Ordinance, Section 16-4-19-8: K, Third Party Signs. The Chairman asked that the applicant 's representative COMe forward for testi1110ny . Harold J. Stitt 7000 West 24th Avenue,. was sworn in for testimony. He sub.itted Exhibit I, a resolution passed by EURA requesting favorable consideration of the request, and Exhibit II, a resolution of the Englewood Downtown DeveloPMent Authority support-ing the request. Mr. Stitt presented a brief history of redevelop.ent in downtown Engle- wood, stating that the priury reason for undertaking the redevelop.ent of the downtown areas was to provide 1 financing •chanis• for a ujor flood control project on little Dry Creek. This was necessary because the City was financially incapable of undertaking such a large scale project at one ti ... The flood hazard wa s, in part, responsible for the lack of redeveloP~ent activity In the downtown area, and further study showed that widespread redevelop!Rent would ~Rast likely not occur until the constraints l~osed by the flood plain were re~Raved. After exa111ining the alternatives for funding such a flood control proj - ct, City Council elected to utilize the already existing Urban Renewal Authority. In addition to th redeveloPMent district, City Council also created a tax incre.ent district so that the additional sales and use ax g n rat d by th r develop nt could be pl dg d to pay off the bonds . In dd t on, a Trfparty Agr nt was ent red Into by th City, th URA and th EOOA to establish th respons billtles and r fng r lat onshlps of th thr bodies in the r d velo nt process u sp clfl d by th adopt d nt Red veloPMent Plan. This Is a un que par n rshlp, and a sp clal, unusual sltua on has ben c rated . As orfg nally nvlsloned, th d t uld have ntlty and have a single ld nttty • Trolley Squar d d not n • I , • • • three developments, the URA is requesting a variance to place Joint Iden- tification Signs on Englewood Parkway that will serve to carry out the goal of the Downtown Redevelopment Plan. Ms . Lighthall asked what would be on the signs. Mr. Stitt said the names of the deve 1 opments and the names of the anchor stores . Mr. We 1 ker suggested this was a tool to obtain anchors. Mr. Stitt said the issue was brought up by both tenants and developers . The area would be treated as one area with two joint identification signs. The anchor stores will require such a sign before they will commit to MOving into the area . Mr . Doyle said that other large stores do not require such signs. Mr. SeywQur stated that the City staff has opposed the signs. Mr . Stitt deferred to Mr. Hinson regarding staff reco.mendations. Ms . Lighthall questioned whether these signs should have been discussed with tenants before an appeal to the Board . Mr. Stitt noted that the develo~nt as originally planned would not have required the signs, and the need arose froM Brady's withdrawal fro. the redevelop.ent of the area . In response to questions from the Board, Mr . Stitt said there would be the names of the three developments on the signs (Trolley Square, Englewood Marketphce and llncor), and three anchor stores' na•es on the signs. No SMaller businesses would be Identified. These will be the •lnlul signs necessary to direct the public to a destination In the Redevelop.ent Area. There would be two signs 16' x 6' with an overall height of 20 feet; and the bott011 of the sign will be six feet above grade . Rick Boselll 2534 West 99th Place, R ch 1809 was sworn In for testi110ny . He stated that he Is a ~r of Englewood Downtown Develop.ent Authority, which pr0110tes and attracts businesses to the DcM!town area, and Is also the General Manager of Cinderella City Shopping Center . Mr . Boselll sub.ltted a Resolution passed by the EDDA In support of the Urban Renewal Authority application. He said that the old King Soopers site Is a difficult place to lease; and, because of Its location off of U.S. 285 , llncor Is of the opinion the pi"''posed signs would aid In th develo~nt of the property . Especially along U.S. 285, traffi c 110ves too quickly for the develoP~~ents to be s n by the 110torlst If they are not clearly i dent ified. He said he would not 110ve tnto such a site without th slgnage sine tt fs not visible fro. Broadway or H ~ n. said s ller bu n sses wou ld not exp t to be on the sign as thy r th ir bu In ss, u ually, fr people at racted to t an c or sto • • I • • (I • • - northwest corner of the area without assurance of a joint identification sign at the entrances to the Redevelopment area, as proposed. Ms. Lighthall said these signs violate the City Ordinance. The URA is subject to the Ordinance. Mr. Hinson agreed, saying that this is the reason the Urban Renewal Authority has requested the variance. The Lincor contract requires the signs, and Linear will not sign the contract and develop the area without the signs. The Urban Renewal Authority has considered the alternatives, but the sign cannot be located anywhere else because all the other land belongs to the other developers, who will not permit signs advertising other stores on their property. Mr. Seymour said that the Directors of Public Works, Engineering, Traffic, Parks and Recreation all opposed the signs. Mr. Hinson said those were only co11111ents, not forms for advocacy. Mr. Se,YIIC)ur d hag reed. Mrs. ROllins re- ferred to the forms included in the staff report and said that Hi'. Waggoner did not mark the response "disapprove•, neither did Engineering. Utilities questioned whether or not there were utility lines under the sign locations, and when it was deter~~lned there were no probl•s with 1 ines, they withdrew their disapproval. Traffic did disapprove the request. Hr . Hinson said that the State Highway Depart.ent Is reviewing the case and ~•Y agree to the signs. Any liability can be addressed by extending coverage by the anchors and the developers. Mr . Hinson said he realizes this situation Is not Ideal, and it is a violation of the Sign Code. However, the Board con - siders special clrcu.stances, and this Is a special clrcu.stance . The purpose for the request is not self Interest , but in the Interest of the City . There were no speakers In opposition to the variance . The Chalr~~an incorpo - rated the staff report Into the record, and asked If the staff had any further s tate.ents . Mr s. Ro..ns said that typ cal businesses have frontage on a .. Jor street. The Llncor develo~nt will not . They ar one of thr cluster develo~nts In th Oownt Redevelo~nt Ar a, and such d velo~nt Is not addressed In t Sign Cod . This Is an unu ual situat ion. Ms . Lighthall said ther ar exposur to .. Jor str s . If th Board approv s th is sl ll ar var i ance . S s od ch do not hav hav no such s lgna • r businesses will w sh changed . I • • • Ms . Lighthall said the matter could be resolved if the request were changed to ask only for directional signs. She said that what bothered her was the ad- vertisement of individual businesses on the signs. Mrs. Romans said the applicant feels the anchors should be identified. She reminded the Board that the old King Soopers had a 35-foot high sign which was visible from the Highway. The MaxiMUM height of signs under the present Or -dinance is 20 feet. The Chairman closed the public hearing. BOARD MEMBER SEYPQIR MOVED, AND BOARD MEMBER LIGHTHALL SECONDED THE MOTION, THAT IN CASE 13 -88, THE ENGLEWOOD URBAN RENEWAL AUTHORITY BE GRANTED A VARIANCE TO PERMIT OFF -SITE JOINT IDENTIFICATION SIGNS AT THE TERMINI OF EN - GLEWOOD PARKWAY. THIS IS A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE, SECTION 16-4-19-8: K, THIRD PARTY SIGNS. Discussion followed. Mr. Sey.our said the signs would be too la~e and should only be Identification signs. Mr. Wald.an said s.all stores should have the same opportunities as anchors . Mr . Welker disagreed, saying s.all stores receive custa.ers fro. the anchor stores, so all will benefit . Ms . Geo~ and Mr. Welker agreed that the Lincor site would have visibility probl .. s; and Ms . Lighthall questioned whether or not .ore stores are needed in the area. The MeMbers locked In their votes, and gave their findings as foll s : Mr . Sey.our voted against the .otion because "It 's excessive signage, and it 's too big, and not 1 safe situation.• Ms . George stated that she voted for the .otlon because of all the e.pty store fronts facing Broadway, and because she ~ld like to see the area built up . If the Highway Oepart .. nt will pen~it the signs, they .ust be safe. Ms . Lighthall stated she had thr objections : "1. Th four conditions necessary to grant 1 variance to the Sign Cod re not t . Just as cannot consider financial hardship, I do not thin that bu ld ng a building a block or two off Broadway h a special c.lr · cu.s anc . I thin th y kn thty re a block off Broadway en they su l tted th Plan . . ll . I - , • • • I • • Me for the Planning Commission and the Council to a.end the third party section to pemit directional signs only, while also specifying their space, size and wording; that is, arrow shape, .aunted low and carrying only general infomation, but not advertising specific businesses. I feel this would be a better and .are penunent solution than hearing a plethora of individual requests.• Mr . Waldllan concurred with Mr. SeYIIOur and Ms. Lighthall, saying the access ~ay not be safe, and it does not infor. the public as to services available. Mr. Doyle voted against the request because the URA purposely violated the code to gain contracts. These signs •ight create a traffic hazard inas.uch as they would distract drivers. Mr. Welker said in this case there are special circu.stances warranting variances to the Code. This special develo~nt is supporting the City. The character of the district would not be Injured. It would not han. adjacent properties. Weighing all this, although he thought there were alternatives, he voted •yes•. When the votes were displayed, two -..bers (Ms. George and Mr . Welker) voted for the 110tion, and four (Mr. SeYIIOur, Ms . Lighthall, Mr. Waldllln and Mr . Doyle) voted against ft. Ms . Shaffer abstained . The Chatnun ruled the variance was dented. ELECTIOM Of OFFICERS. BOARD ME .. ER SEMIUR MOVED THAT MR. WElKER BE ELECTED CHAIRMAN FOR 1988. Board Metlber Waldllln seconded the 110tton. There being no further no.tnatlons , a vote was called, and all voted tn favor of Mr. Welker. Mr . Welker will con- tinue to serve as Chalnun for the Board of Adjust.ent and Appeals until the February, 1919 ... tlng . BOARD MEMB£R WALOMM DED THAT MS. LIGHTHAll 1£ NOMINATED FOR VICE CHAIIIWC FOR l •. Board r lker seconded the 110tton . T re being no further na.lnatlons, a vot was called, and all voted In favor of "s. Lighthall . The Ch1tnun ruled Ms . Ughth1ll uld serve as VIce Ch1fnun of the Board of Adjust.ent and Ap 1ls for th co.lng ye1r . DIIECTOI'S CHOICf. . ll . p tthin Vtll 's I . • - • • The meeting adjourned at 10 :45 p.m. , sr(.~~R:~:.:n., SO<nhry • • • I . . l -• • • ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY 3535 South Sherman -Englewood, CO 80110 Mi nutes Februa ry 10, 1988 9 Board Member Pr esent: Bo ae1li , Ci ancio , Coleaan, Ha th.way , Pend le t on, To.oolt a Board lib ra Ab nt: Green, Hal , Hll~er taf P nn A. Dietrich roth Oalquiat, Dicit Kin n tl rt t hh tt Authorit Board f 12:06 P·•· n Mr. Col - r ular voic: v I . Minutes February 10, 1988 Page Two • • • Mr. Boselli moved, seconded by Mr. Coleman to adopt the following resolution: RESOLUTION I 1 Series of 1988 A RESOLUTION OF THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY SUPPORTING THE VARIANCE REQUEST OF THE ENGLEWOOD URIAN RENEWAL AUTHORITY FOR A VARIANCE FROM SECTION 16.4-19-Bk, SIGN CODE, OF THE COMPREHENSIVE ZONING ORDINANCE. WHEREAS, th Englewood Urban Renewal Authority has reque ted a variance from th Sign Code of the Co~rehensive Zonin& Ordin nee to place Joint Identification Sign in public right-of-way; and WHEREAS, th propo1 d Joint Id ntification 1 n1 a r intended to provid th public with infor .. tion about r d v lop .. nt projecta; and ~IEREAS, it i1 in th b 1t tnt r Its of th En&l ood Downtown Dev lop nt Authority, th En lewood Urb n Renewal Authority , and the City to fully in 1uch .. tt r1 t tna ur th au~c of th downtovn Aut II proj eu: and of t dovn own r vital ity o t IT OL\.'lD by t b r dlr ctly u n • Minutes February 10, 1988 Page Three • • • Mr. Pendleton abstained from voting as the First National Bank of Englewood c urrently has a loan with the Urban Renewal Authority for this particular property. However, he did note the important of preceding with this develop- ment as quickly as possible for the future success of the downtown business district. Roll Call Vote: Ayes: Nay: Boselli, Ciancio, Coleman, Hathaway, Tomooka None Abstain: Pendleton Absent: Green, Hale, Hilger Th .ation was corrled. Hr. Bas lli noted that h would attend the Board of Adjustment and Appeals meeting and read into the r ord the EDDA's support for th variance request. r'a Vi it to Downtown Enalewood - achedul for Governor Romer's visit to downtown sted that a r pr a ntotiv fro• th private of downtown. -Di k Hin n r h81 beaun on th • Dietrich d tail d the En~l ood. Th 8oard sug- ctor b pr nt on th tour are on h propo d lor Troll y r will o n by k • - • • Minutes February 10, 1988 Page Four • • • ~-Ms. Dietrich aubaitted a request for a leave of abaence for three weeka during this Sprina. Discussion ensued. It vas noted that it is i~ortant to keep the EDDA office open, and she indicated that Margi Miller will do so for three daysa week. Mr. Pendleton moved, aeconded by Mr. To~ok3, to grant the request for the leave of absence. The ~tion was passed unanimously by voice vote. As there was no further business, the ~~~eeting was adjourned at 1:30 p.m . I • • • .. Englewood Parks and Recreation Commission Minutes of February 11, 1988 The regular monthly meeting of the Englewood Parks and Recreation Commis - sion was called to order at 5:30 p.•. by Acting Chain~an Neyer at the Engle-wood City Hall. Members present: Armstrong, Braucht, Clayton, Gomes, Hathaway (alter - nate), Neyer, Vanderleest, Wiggins, Kuhn, ex officio Members absent : Hoyt, Kozacek Also present: Jim Kavinsky, Parks Supt. Stefanie Pillow, For.er Youth MeMber Mike Shaffer, Parks l Recreation Intern Acting Chairma n Neyer asked If there were any additions or corrections to the minutes of January 14, 1988. There were none . A .otion was •ade and seconded that the minutes be approved as presented. The .otion passed . Commissioner Braucht entered the .eeting at 5:32 p.•. Acting Chairman Neyer introduced Bill Clayton to the Co.alsslon . Bill is a newly appo i nted Council representative to the Co.alsslon . Commissioner Armstrong entered the .eeting at 5:36 P·•· . l . I • ( ( • • Director Kuhn reported on City Council's action regarding charging fees for use of parks to day cares, day camps and pre-schools. Kuhn stated that the parks staff originally recommended to the Commission that the situation of over-crowding of park facilities by commercial day cares, day camps and pre - schools be observed through the summer months last year and then they would recommend a feasible course of action to the Commission for consideration when all data had been compiled and studied. He stated that the staff's recommen - dat io n required the groups to obtain a permit from the Parks and Recreation office with no fee, but it was the feeling of the Commission that a use fee should be charged. A fee schedule was then recommended to City Council who, in turn, tabled the issue and referred it back to the Com.ission for further study. Kuhn stated that after reviewing this •atter for MOre than a year, staff recommends to continue the permit system in order to know what groups are using the parks and when, and that no fee be charged . This will allow staff to maintain some control of over -use of the parks . CoMmissioner Clay- ton stated that some of the concerns expressed by City Council include: 1) the problem of over -c rowding of parks which was not alleviated by charging a fee; 2) problem groups , when approached by staff, could be specifically re - que sted to clean up the park area before departing ; 3) costs for day care ser- vices are high and i t is feared that a charge for park use •ay cause a rise in day care prices and the problem of latch -key children to worsen ; and , 4) a fee should not be cha rged If additional personnel are not ava il able to enforce the fee system. Clayton s tated that Council is not again st the idea of a permit system or charging a fee, but the problem of over -use should be addressed and the problem of enforc nt should be addressed to •anage vandalis•. After considerable discussion, the Co..ission reca..end d that a permit syst .. be set up which would allow for a workable scheduling syst .. for use of Englewood parks by day cars, day ca.ps, etc., which would alleviate over - crOWding of the parks . Director Kuhn will send Co..ission 's reco.mendatlons to City Council through a Council Ca..unication, and a letter will be sent to all day care c nters in th Spring advising of City Council 's decision r gard -i ng f s and p n.its . Director uhn reported that Council re -appoint dOrris Saunders o h Malley Center Trust fund C Itt e , and advised that h notified the City Man - ag r that Coun 1 r rtplac nt Is n ed on th Trust fund C tt for fo r Coun c 1 r Brad haw • ( • • • Discussion included a required number of lifeguards, safety and liabili- ty, selling the refreshments rather than including them in the price of admis- sion, selling tickets for the activities through the middle schools, the necessity of a police patrol on the nights of the activities, etc. Director Kuhn will check on police patrol, and the legality of showing a rental video cassette for the pool movie activity when a fee is being charged. The Commis- sion agreed that activities for middle school and high school students should not be combined. Commissioner Clayton suggested that staff contact sa.e of the high school clubs that are wanting to raise money to see if they would be i nterested in selling tickets and refreshments at these activities for a percentage. Commissioner Clayton Made a motion, seconded by C~issioner Braucht, to recommend that staff continue to finalize details of these recreation activi - ties for the middle school age group and present final plans to the Co.mission at the March meeting, and to advertise and pro.ote the prograM within the schools and city newspapers . The motion passed with two opposing votes from COMMissioner Ga.es and alternate youth Ca..issioner Hathaway. C~issioner Gomes expressed that, due to the City's financial status, he does not feel it is the responsibility of the City to provide entertainment for the school stu- dents of Englewood, but rather the school's responsibility . Several Ca.mis- sion meMbers stated that the school district Is also financially restricted . ln response to a recent newspaper article regarding unsafe play equip - ment, Director Kuhn reported that all play equiPMent .ust .eet safety stan - dards and .ust be approved by OSHA . A piece of play equip~ent in an Englewood park was naMed In the article as being unsafe . Kuhn stated that all of Engle- wood 's play equip.ent Is regularly Inspected and .aintained for safety . Kuhn discussed this .atter with City Attorney DeWitt who advised that It is not necessary to re-ave the naMed piece of equiPMent as long as It is Maintained properly and wa s originally .arketed as being safe . Park Supt. Kavlnsky advised that all play equlp.ent at Ro.ans Park will r v d soon and th n placed back In the playground area with proper spac- for safer play . Safety standards r quire 8 ft. bet n pieces of nt . - • ( • • • there is a surplus of $440,000 in the golf course fund. He stated that URA is in a financial situation that must be re.edied. Clayton stated that due to the economic climate, the alternative would be to raise taxes to complete some Downtown Development projects. Clayton stated that it is not the intention of Council that needed maintenance at the golf course will be postponed or eliminated. Clayton advised the Com.ission that some nature center funds have been diverted to the South Platte River Greenway. Alternate youth Commissioner Hathaway asked about the status of the miniature golf course. Director Kuhn stated that Council has approved a con - tract for construction of the course. Preli•inary surveying is now being done and construction will begin when the ground thaws. Hathaway asked about the .aintenance of the little Dry Creek walkway. Director Kuhn stated that the contractor will retain liability control of the walkway until the Spring at which ti .. it will be turned over to the City. Hathaway asked about the status of youth Co..ission -..ber Hoyt. Direc - tor Kuhn stated that he has atte.pted to contact Hoyt and has not reached hi•. Kuhn reco..ended that if he does not hear fra. Hoyt prior to the March .. et - ing, Hoyt should be eli•inated fra. the Co..ission. It was suggested that a letter be written to Hoyt as a last atte.pt to reach hi•. Acting Chair.an Neytr read a lttttr to the Co..ission that he received fra. for.er Chair.an Jack Poolt. There was so.. di scussion r,arding the possible i~act on the surround - ing neighborhood of the proposed ocation change for tht Cushing Park parking lot with the rtconstruction of the Santa Fe and Dart.outh interchange. Direc- tor Kuhn stated he will .ake arrange.ents to contact tht neighbors regard ing this .atttr. The ... ting was adjourned at 8:30 P·•· crthry tfng •fnut refl ts discussion, a -atton and nd · vot ng ta u of alttrnat youth C fsslon r 11 corr spondl wfth Ct y A tome Itt to cl rl • • • I • ( • • • CITY OF ENGLEWOOD PLANNING AND ZONING COfiiiSSION FEBRUARY 17, 1988 I. CALL TO ORDER. 9 f) The regular meeting of the City Planning and Zoning Commission was called to order at 7:00 P.M. by Chairman Hanson in the George Perrin Conference Room in the Englewood Public Library . Members present: Russell, Such, Draper, Barbre, Hanson, Fish, Schultz, Carson Romans, Ex-officio Members absent: None Also present: Bob Marx, Greater Englewood Cha.ber of Ca..erce Roger Mutz, R@gional Transportation District J. Bear Baker, R@gional Transportation District (Mr. Baker was not present at the ti~e the ~ting was called to order, but entered later during the course of the ~ting .) II. Chainun Hanson stated that the Minutes of february l, 1981 re to be con -sidered for approval . Carson eoved: Dr aper sec onded : The Minutes of F4tbruary Z, 1911 be approved as wr i tten . AYES : Such, Draper, Barbre, Hanson, Schultz, fish, Russell, Carson NAYS : None ABSENT : None ABSTAIN : ne Th eot on carried . Ill. H 115 -17 lJ. c • I • I . - ABSENT: None ABSTAIN: None The motion carried. • • • Mrs . Romans was sworn in, and stated that at the previous Meeting of February 2, members of the Ca.mfssfon were given a work copy citing the landscaping provisions as they presently exfst fn the Englewood Munfcfpal Code, citing amendments which were reca..ended to Council by the Co.atssfon fn May of 1987, citing amendMents whfch were suggested by the Greater Englewood Chamber of Commerce, and citing a resolution to the sections whfch had been questioned by the Chamber, which resolution was deten.fned by the Ca..fssion in October, 1987 . Thfs has been refined to one docuMent whfch fs before the COMMission for Public Hearing, and the Issues to be heard by the Ca..tssfon are those which were deten~fned fn October. Mrs. Ro.ans sublftted for the record a let - ter from Hr . Kenneth R. Hope, Representative of the Cfty lfafson and Governmental Affairs Ca..fttee of the Greater Englewood ChaMber of Ca..erce, expressing the satisfaction and pleasure of the Cha.oer wfth the resolution of thefr concerns on the landscaping Ordinance . Mrs . Ro.ans stated that there has been no contact fro. the general public regarding the proposed a.e~nts sfnce the public notice was published . Mr . Hanson asked ff there were any questions of Mrs . Ro.ans fro. the Ca..l s -si on . No questions were posed to Mrs . Ro.ans . Mr . Ha ns on asked I f anyone In the audienc e wi shed to address the Ca..lssion . Mr . Bob Marx was sworn In, and testified that he .alntalns offices at 3701 South Broadwa~. and Is a representative of the Greater Engle.ood Ch..O.r of COIMerce . He expressed the appreciation of the Chlllber for the cooperation they have received fro. the Planning Ca..lsslon , and particularly fro. Mr s. Ro.ans, regarding the concerns that re expressed by the Cha.ber on the pro- po sed ... ~nts . Mr . Harx stated that he felt , with these ... ndleftts, the City now has 1 good, total ordinance . The Chlllber 1s pleased to be In cl uded In the drafting and consideration of laws that affect the Ci ty . Mr . Han son asked If there w.re any further questions , or anyone else Wlo wis hed to addre s s the Ca..lsston. Ther e re no other pe r s on s who wis hed to do so . T Public c lo H non , Schultz , r h, Ru 11 , h, 0 p r , Car on T I ( ( Carson moved: Such seconded: • • • The City Planning and Zoning Commission approve the amend - ments to the landscaping Ordinance, and refer the document to the City Council with a recommend1tion for favorable consideration. AYES: Hanson, Draper, Fish, Russell, Such, Schultz, C1rson, B1rbre NAYS: None ABSENT: None ABSTAIN: None The motion c1rried. IV. REGIONAL TRANSPORTATION DISTRICT. Mrs. Rom1ns introduced Mr. Roger Mutz frOM the Region1l Tr1nsportation District. Mr . Mutz st1ted th1t House Bill 11249 was passed last year . In response to this Bill, RTD set out to develop 1 regton1l rapid transit syste.. Mr. Mutz presented 1 slide show of v1rious types of rapid tr1nstt syst .. s, such IS the light r1fl tr1nsft, high occup1ncy vehicle l1nes, 1uta.~ted guideway tr1nsit , guided bus, etc . The slide show 1lso 1ddressed Issues such 1s routes, cost es t fMites, sources of funding, construction ti.et1bles, and technologies to b used . At the close of the slide show, Mr . Mutz asked for questions fr011 the Co11111fssion . Mrs . Russell stated that she w1s fa.ili1r with the rapid tr1nstt syst .. in Chf c1go , which goes through high density residential 1re1s lnd Is readily I C· ces sf ble by 1 la~e ridership . The Denver .etro •rea ts so spre1d out, how wi ll potential riders get fr011 thetr places of residence to the r1ptd tr1n sf s t1t fons . Mr. Mutz suggested p1rk 'n ride lots wtll be used ; l1~e 2,000 vehic le lot s fn the outlying suburb1n •re•s , 1nd the closer In 1r 1s c1n use t he bu s sys t . Mrs . Russell suggested that RTO •tght con s td r the use of s 1l l er park 'n r i de lots. Mr . Mutz stated that they will also look 1t jo in use f•cf l l t te s, su ch as s hopping cent r parking areas . Mr . tz s t1ted th1t t h par l ng n Ids along the trans i t corridors have yet to dett~fned , an d ava tl ab i l ty of ar a for par 'n r t de s along the corridor s ha s also to be d t ~l ned . I . • • • proximity to bring people into the area . Mrs. Romans pointed out that when discussion of a Park 'n Ride location near Cinderella City has been considered, it was in the area north of the shopping center, not in the existing customer parking areas. Mr. Fish stated that a Park 'n Ride in close proximity to the shopping center could encourage shoppers. General discussion on the various types of rapid transit ensued . Mr. Schultz asked how weather might affect an automated guideway transit if such were to be developed in the Denver area. Mr . Mutz pointed out that this system is used successfully in West Germany, and the weather is very similar to that of Colorado. Mr. Schultz discussed his trip to Vancouver, B. C. during Expo '86 and the public transportation system used there. He stated that a ticket for Sl.25 would allow a rider to use any form of the transportation system, and that one could get to almost any point quite easily, quickly, and safely. The system was very convenient to the custo.er, and the ridership was high. Mr . Schult z stated that he would like to see a syst~ designed for the Denver metro area which would allow riders access within walking distance, and would eliminate the need for private auto.oblles to be used to get to a Park 'n Ride . Hr . Mutz discussed the probl~s of design ing such a syste. with the lower residential densities that .uch of the Denver .. tro area has; this aay change with an Influx of population, however, or a change In population centers. Mr . Fish stated that Washington, D.C. also has a good rapid transit system. Mrs. Romans agreed, and stated that she found the syste. In Washington, D.C. to be clean, quick and convenient. Mr. Schultz asked why the plan appears to aake use of several syste.s before a final overall syste. s l~sed. Mr . Mutz st attd that part of this Is a reflection of the various population centers and ne.ds to be served, and par Is dete~lned by the financing requlrtd . Finane ng and th acquisition of right -of -way red scusstd. • • • • ( ( ( • • Santa Fe corridor, one must "get in line for the funds", and that it could take about 18 months before construction could begin. Mr. Carson asked Mr. Baker why the Santa Fe Corridor was chosen. Mr. Baker stated that this corridor has great potential for ridership, is a very cost efficient corridor, and a great deal of the right-of-way is already acquired . Discussion of a transit corridor on C-470 was discussed, as was the Transit Construction Authority's plan for the 1-25 corridor. Mr . Hanson thanked Mr. Mutz and Mr. Baker for their attendance and the presen -tat i on to the Commission. V. PUBLIC FORUM. No one was present to address the Commission under Public Forum . VI. OIRECTOI'S CHOICE. Mr s. Romans presented -..bers of the Coaalssion with copies of the Goals adop - ted by the Coaaisslon for 1985/1986. Mrs. Romans identified several of the goal s wh i ch have been acca.plished . She suggested that the ~rs of the Commis s i on review these goals, and be prepared to •ake additions to the l ist and d is cu ss goals for 1988 -1989 at the next meeting . Mr s. Russe l l txcused herself fro. the -.eting . Mrs. Rom ans s tated that one vacan cy remain s on the Ca.m l sslon, and that th e City Counci l wi ll be Interview i ng to f i ll this vacancy on February 29 . The Ci t y Council approved the vacation of the right -of-way In th e 3500 blo ck of Sou th J ason Street on first reading at the .. eting on rebruary 16th . Mr s . Roma ns asked that If any ~rs of the Ca..l ss ion have question s about any .att t r before It , to pl ease call her rather than other ...O.rs of the s ta f f . Mr s. Ro.an s pointed out that she Is the ex -officio -..ber of the Co.- •lsston app oi nted by the Ci ty Manager, and that in order to carry out that res pon i bi l i ty e ffectively , she prefers to beth s taff contact . In r sponse to a que ry from Mr . Han son , Mr s . Roman s s tated that th er art no cases on th ag nda for t he Co.alssl on on March 8. Mr . Hanso n sugges t d that d iscussi on o th goals for the tnsuing ye ar be scheduled or t hat ttlng . VII . C ISSIONER 'S CHOICE . • c n h I • -• • • would suggest that it be cleared with the City Attorney to determine any pos - sible ramifications on the suit. Mr. Carson stated that he did not feel this issue needed to be cleared with the City Attorney, and that the City Charter indicates the Co~ission can have items brought back for further consider-ation. Discussion ensued. Mr. Hanson suggested that this might be one of the goals to be listed for dis -cussion at the next Meeting. Carson moved: The staff bring the 8-Z provisions pertaining to used Car dealerships back to the Ca..ission for further consideration . There was no second to the motion . Discussion ensued . Mr . Hanson asked if there was anything else to be brought before the Co.~ission. Mr. Carson stated that he wanted 1 second to his .ation. Mr. larbre stated that he is of the opinion this should be cleared through the City Attorney's office. Mr. Draper stated that he wanted to rtld the ordtn1nce through 1nd familiarize hf•self with the det1ils before It's brought b1ck to the Com.is - sion. Again, no member of the Com.tsston seconded Mr. C1rson 's .atton. Mr. H1nson stated that he felt the reconsider1tton of the B-2 District should be included on the "l1undry list• of ft .. s the Co..tsston will constder thts next ye1r, and that tt .. s wtll be prtorttfzed following 1 tener11 discussion at the next .. etfng. The meeting adjourned 1t 8 :3 5 P. M. I • • • CITY OF ENGLEWOOD PLANNING AND ZONING CO""ISSION MARCH 8, 1988 I. CALL TO ORDER. The regul1r meeting of the City Pl1nning 1nd Zoning Commission was c1lled to order by Ch1irm1n H1nson 1t 7:00 p.m. Members present: B1rbre, Schultz, C1rson, Dr1per, Russell, Volkema, Such, Fish 1nd H1nson. Rom1ns, Ex-officio. Members absent: None. II. APPROVAL OF MINUTES. Febru1ry 17, 1988. Mr. H1nson stated th1t the Minutes of February 17, 1988 were to be considered for approv1l. Carson moved: Schultz seconded: The Minutes of February 17, 1988 be approved IS written . AYES Barbre, Schultz, Carson, Draper, Russell, Such, Fish and Hanson. NAYS: None. ABSENT: None. ABSTAIN: Volke.~. The .atton carried. Chafraan Hanson stated the findings of fact for February 17, 1981 rt to be considered for approval . Barbre 110ved: Carson seconded: The ftndtngs of Fact fn Cast 115 ·87 be approved as written . AYES Such, Barbre, Russell, Hanson, Carson , Schultz , Draper nd f 1s • NAYS : .,._, ABSENT : ne . ABSTAIN : Vol T IV. • • • • Mrs. Romans said that one of the projects for this year should be an update of the Comprehensive Plan. The Commission agreed that updating the plan would generate other goals for them. Mr. Fish asked for a copy of the Urban Renewal Plan. It was suggested that it would be beneficial if there were better coor- dination between the URA, the Housing Authority and the Commission and that the Commission should have an opportunity to review the plans of the URA and Englewood Housing Authority before they are finalized. Mr. Fish said he would like to see the Co.mission representative attend URA meetings and have a voice in any changes of the original plan. The Co..ission discussed the possibility of having a .aeting with City Council within the next two months. Mr. Draper said that one of his concerns is junk cars and garbage, in particu- lar a van which is at Dart110uth and Downing. Enforce.ant in general was discussed. Other goals discussed were transportation for Senior Citizens, pedestrians and bicyclists; zoning changes; PUO Zones; RTO; the Co..ission Handbook and Solar Access. The goals were put in the following order : 1. The C011prehensive Plan, which would include transportation, a land DeveloP~ent Code, Zoning Changes, Architectural Review, and the develop-.. nt of a PUD ordinance and solar access. 2. Areas to be annexed. 3. The Planning Co..ission Handbook update. 4 . Coordination with other boards and ca..issions. It was agreed that the Mllbers would .. ke 1 list of ideas, approaches and schedules and bring the~ to an orientation ... ting on March 22. Of particular f~rtance at that ... ting will be a f .. tlfarfty with the C011prehensive Plan fn order to assign parts to interested Ca..tssfoners who will assu.e the lead tn reviewing a particular section. Mrs. Ro.ans was asked to invite Assistant City Attorney Nancy Reid to the ... ting on the 22nd, to discuss the role of the Planning Ca..fssion "'-bers. v. ......c , .... No publtc wu prestt~t. VI. DlllltTOI'S CllliCf. n VII. I CllliC(. ne . t ng adJovrntd a t :OO P-•· I . ( ( ( • • • ENGLEWOOD LIQUOR LICENSING AUTHORITY February 17, 1988 ' ... The regular meeting of the Englewood Liquor Licensing Authority was called to order by Chairman Styes at 7:30 p.•. Present: Waddell, Mclaughlin, Boar~n. Lunders, Styes Absent: None Also present : Charles Gri .. , Assistant City Attorney Patricia H. Crow , City Clerk • • • • • NOllER WADDELL NOVm, NEMER 10M1N11 SEcc.mo, TO APPIOVE THE NIJIITES OF THE FEUUARY 3, 1!188 NEETJNII. Ayes : Waddell , Mclaughl i n, Boardaan , lunders, Styes Nays : None Abstain : None Absent : None Motion carried. • • • • • NOllER NCLAUIHLJN NOVm , NOllER U11»nS SUCIM)(D, TO APPIOVE THE FOLLOWINII RDI£VALS: FRMZ HUIIIEL DELICATESSEN, 701 MEST 1tMPD0 AVENU£, lEER l WINE CSAIIDAS, 3415 SOUTH IIOAIIMAY, IUl a WI. Ayes: Nay s: Ab stain: Absent : Motfon carried. Waddell , Mclaughl in, Boardaan, Lunders, Styes None Non e None • • • • • letter fro. the State Liquor Enforc nt D1YI ion regarding posting qu nts under th Colorado r Code, Liquor Cod and Special EYtnts l was r c IYed without action . It as conftnltd that th r qulr nts ar foll b th Ctty of Engl • • • • • * • • I . . Englewood Liquor Li censing A•1thority February 17, 1988 -Page 2 • • • The regular meeting was adjourned at 7:45 p.m. At 8:00 p.m. the Authority was called to order to conduct a public hearing to consider if the Tavern Liquor License to dispense malt, vinous and spirituous liquor now held by Hilda's Cafe, Inc., d/b/a Blizzard's Lounge, Inc ., should be suspended or revoked . At 11:10 p.m . the Authority moved to continue the public hearing on March 2, 1988 at 7:15p.m. in Council Chambers. The record of that public hearing and subsequent hearings are recorded separately . C ty er Approved by the Liquor Licensing Authority on March 2, 1988 I . ( ( • • • ENGLEWOOD LIQUOR LICENSING AUTHORITY MARCH 2, 1988 The regular meeting of the Englewood liquor Licensing Authority was called to order by Chairman Styes at 7:15 p.m. Present : Waddell, Boardman, lunders, Styes Absent: Mclaughlin Also present: Charles Grimm, Assistant City Attorney Patricia H. Crow, City Clerk * * * * * MEMBER WADDELL MOVED, MEMBER BOARDMAN SECONDED, TO APPROVE THE MINUTES OF THE REGUW NEETJN8 OF FEBRUARY 17, 1888. Ayes : Waddell, BoarC.an, Lunders, Styes Nays: None Abstain: None Absent: Mc laughlin Motion carried. * * * * * NOllER LUfi)ERS MOVED, WADDELL SECONDED, TO REOPEN THE PUBLIC HEARJN8 RELATJN8 TO HILDA 'S CAFE, INC. Ayes: Wadd ell, Boa~n. Lunders, Styes Nay s: None Abstain: None Absent: Mclaughlin Notion carried. This public heart09 was a continuation of the heari09 held on February 17, 1988, to dete,..fne ff the Tavern Liquor License to dispense aalt, vinous and spirituous liquor now held by Hilda's Cafe, Inc., d/b/a Blizzard's Lounge, Inc ., should be suspended or revoked. Tht publfc h artng was concluded at 12 :27 a ••• , March 3, 1988, and the ttfng was adjourned . Th r cord o tht public h arfng h ld on F bruary 17, conttnu don March 2 and conclud on March 3, 1988, 1s r corded tparately. Approv d by th Author ty at ft rtgular etf09 of March 2, 19 • • I . ( • • • r1IHUTES EHGLEUOOO PUBLIC liBRRRV RDUISDRV BOARD r1arch B. 19BB The regular "eeting of the Englewood Public library Rdvi.ary Board was called to order by Cheir~n Quaintance at 7:30 P·"· PRESEHT: REGRETS: AlSO PRESENT: Rl Quaintance. Betty Douney. Bruce Hogue. Beu Si"on. Dorothy Totton John Peterson. Uirginia Johnson. Joe Rathburn. lois Sterling Rlew Habenicht. C1ty Council Repreaent•tive. r1ra. Barbera Hogue. Sharon Uinkle. Director of libraries. Donna 6ottberg. Recording Secret•ry Roll call was taken and a quor~ declared present. There were no scheduled or unscheduled uiattora. Cheir~n Qua1ntance turned the "eeting over to Sharon Uinkle for the Otccctor•a Rcagrt. lhc Board rccelued copies of the 1987 Action Plen-Yeer End st.tua Report earl er as infor~tton. r1a. Uinkle pointed out key •r .. a for rcutew . Ot s cuaaion followed . "r . Hogue ••ked if the library felt there wee • need for steff "Cf'bcr<a> to have knowledge of sign 1~ for the hearing '"pe1red . r1 a. Utnkle at•ted ahe dld not feel there wea • need •t thi s ta"e . After • brief di cu aion" . Utnkle .. td she would check w1th the C nter on Oeafnea to • if 1ta steff ta ewere of u c h a n d 1n thla c~tty. • •t•t nt r...,..dtng the ibr-y tbr-y at•ff ta a no -..reaiue per .ana a tapped by th aecuci ty d that t y -trying to euthort .. taon. The syat t ft r•t t~ to ch rr nt to -' - 9 r. I . • • - H~verth~l~ss. our requir~ent is legal as it wee cl~ar~d through the City Rttorn~y•s Offic~ b~fore staff initiated collection of lh1 s 1nfor"at1on on the application. Ms . U1nkle gave a brief update on the proposed ~endftent to the Colorado l1brary law. The bill has been killed. The Colorado l1brary Association <CLA> plena to eak en ed hoc Teak rorce to address this iteft along with other reuiaiona to the Coloredo library law which ~Y be rec~ended for adoption at e future date. Otrector•s Chpice As 1nfor~lion. Ms. Uinkle distributed Z newapeper article• regarding "latchkey children.• Ue. here in Englewood. haue had no probleft with such children. but in &Ofte areas of the country 1l has bec~e a serious probll!ll't. Ue do have • policy that proh1b1ts ch1ldren under 10 years of age to be left alone in the l1brary. The needs of these children --~ to be addressed in lh1s c~untly by day cere centers and achoola. There 1s a new Colorado C~issioner of Education. Mr. Uilli~ Randall. who 1s also officially designated •• State Librarian. Ms. U1nkle diatributed • handout frOft the State Library designed to pr~ote library aeruicea. The L1brary is exploring the possibility of sponsoring uideo taped 1nteruiewe of people inuolued in the literary world. ftfter the "eet1ng tonight there will be a uiweing of one auch tape. There •• a list euailable. and there is no charge except far prou1d1ng blank tape far the utdeoa. The-tepee could 1M .._,. on cable TU as a pr-tion far the Library. Hahonel L1brary Ueek ta approec:hino. flprU 11-ZJ. end the tbr ry ta planning to focue on the HaU-l Li~ery Card c .. patgn. ltahop Sehool. wtth the coopereta.., of tho flr&nct.,.l. M . Hea • w1l1 be the focus achool. Thla could be exttlftded to other choole in th future. Me . U1nkle di e trabut d a copy of t firat IIVI al tt eda ed by Hank Lono. abrery ru1c • ftdftanaatrator . ... t I • • • • S e c ond~d by: B~tty Oounay After discussion. "otion carri~d. Mr. Qua1ntanc~ distributed copi~s of th~ Library•s R~c~ipt of Gifts for". Mr. Quaintanc~ brought forth a newspaper article regarding the fBI's requ~st that library staff at s~lected librariea report on usp1c1ous patrons and what they read. Library aaaociations are against this wholeh~artedly. Colorado•s Confidentiality of L1brary R~cords Law prohibits r~lease of such infornetion. Ms. Uankl~ and Mr. Quaintance plan to go to Boulder on "-rch 15 and 16 to attend a Colorado State Library workahop for Truatees and Adu1sory Board "~bers. Mr. Peterson plans to attend the Public Library Raaocietion conference 1n Pittsburgh, April 27-30. Hia travel hea been pproued by Mayor Uan Dyke and City Manager ncCown. Mr . Quaantance read a "thank you" note fr~ Donna 6ottberg, Record1ng Secretary, for the flowers aent to her by the Board in ppr~c1ataon for h~r work. There wall be o CLA •~tner at Aurora on nay 6. Ue will di•cuaa thas further at the April "eeting. ncnbcra• Choic~ leu 1"on and her huabend •pent 23 days an rebruery vlaiting fr1 nda and rcletauea in Arizona end Celifornae. It we• nice to Q t away fr~ the cold. 8 tty Oounay reported on "•· Sterlang•e illne••· na. Sterling hea been tll for "onthe ~d now they have diacovered • tUftar in the anus . She wall have at r-v d, •• en outll8t&ent, end hopes tha a wall solve the probl.,.• ahe•• been having. The '-d ell wa hed her well . Th rd thanked n • Ou.antenc e for • ruing the refr •hftent• th n trabut • Club pl probl.,. wlth ro -... ngreut ng ha•t..wl has now b n lbr y and W4L' wall not b U. went • quela ty futur • I . -• • • Ms. Haben1cht relayed a Message fr~ Susan Uan Dyke. Ms. U.n Dyke sends her best regards to the Board and states ahe•a feeling Much better . Mr . Hogue asked that the Board be thinking about re•erving apace at Cushing Park for the annual BOSRC picnic. Mr. Quaintance asked h1" to serve as ChairMen again and Mr. Hague accepted. Target date is set for late July or early Rugu1t. He will report hi s progre•• at the next Meeting. Unflnlshed Buoinc•• D1scussion on the tax farMs being available in the library i• tabled unt1l the April Meeting. There were no COMnittee Report•. The S tat1otico Report far rebru.ry w.• briefly di•cu••ed. M•. U1nkle noted t~t the in-haute prace11ing t• going IMOOthly. The changeover fr~ prace••tng at SEn&CS ~~ proved aucce••ful. 11=1 IQJIQI: That the Minute• fr~ the rebru.ry '· 1988 Meeting be approved a• pre1ented. M ~ued by: Bruce Hague Seconded by: Betty Douney Motion carr1 ed. Me et1ng adJourned at B:55 p.M. I . - ( • • • • ENGLEWOOD PUBLIC LIBRARY CIRCULATION Central Library Bookmobile DAYS OF SERVICE AVERAGE DAILY CIRCULATION TRAFFIC COUNT (Main Library) AVERAGE DAILY TRAFFIC COUNT C':I RCULATE D 'i'o Eii:UlwOO[i PATRONS LD Rec1procal Borrowing Cent ral Library Bookmobile Central Ltbrary Boo kDIOb i 1 e TOTALS : Y Borrowing** Borrowing Selected Statistics February 1988 17,376 (16, 650)" 9,038 ( 8. 536 TOTAL: 26,414 (25,186) 24 23) 1,101 (1,095) 21,277 (2 1, 930) 887 ( 953) TOTAL: 20,355 (19. 930) 1,357 ( 1,167) 447 ( 623) TOTAL : 1, 04 ( 1,790) 802 303 2,719 431 473) 410) TOTAL : 1,105 3) 2,244) 339) TOTAL: 3,150 ( 2,5 3) ( 5,256) du1t 2 patrons 4 ite. ADULT r ntr 1 L1br ry••• 2~(24 4) bi1 311 ( 271) 4735 (3972) ) 1 b) .. ) 1 l ) I ) ( II ) 5 s • l I • - • • • • • -2- •, LIBRARY SPONSORED PROGRAMS OUTSIDE CENTRAL LIBRARY Childre n's Department Bookmobile story times Bookmobile Librarian's visits to classes Bookmobile special programs Puppetry Training EPL visits to classrooms CURRENT ACTIVE REGISTRATIONS VOLUMES 1 COLLECTION 13,391 ( 20,601) 101,737 (103,509) NUMBER 4 ( 4) 39 ( 32) ( 2) ( 1) 6 ( ) LIBRARY MATERIALS Books Record VOLUMES ADDED 487 (294) Slid Sets Ca ette Microfil• V1deoca settes Compa c t Discs Fin LD Copyv nd Donor' Fund ct. • 1411 (daaaaed and lo t boo s) t . 1~661 (•i roco.puter) olo . Lo n ( lLI.) \olun r I r : ( ) ( ) 9 ( ) 20 ( 5) ( 33) 12 ( 1) $2,255.38 $1,167.50 445.17 .25.20 130.01 69.50 18.00 ATTENDANCE 54 ( 56) 991 (839) (440) ( 2) 129 ( ) VOLUMES WITHDRAWN 180 (479) ( 2) ( 2) 1 ( ) ( ) ( ) ( ) ($3,296.47) ($ 982.21) ( 1,84 7.79) ( 55.50) ( 235.75) ( 91. 22) ( 67.00) ( 17 .00) I • • ORDINANCE NO. rJ SERIES OF 1988+ • • • BY AUTHCIUTY 9 CX::U.CIL BILL NO. 7 lNl10lU:m BY CX::U.CIL MDIBf.J{ KOZ1tCEK AN OODINANCE APPRCNir«; THE JOINI' FUalit«; .AGREEM1Nr ~ THE CITY OF IN:iLEHX:o BI-<:ITY UAS'l»D\TER 'mEAn-IENr PLANT AN:> THE U.S. GtXLCX>ICAL ~ FOO THE <PERATIOO AND ~ OF A FOOR-PAJWoiE:"l9 WATER QI.W.ITY fUn~ OF THE &XJTII PIATI'E ~AT THE I'N>La'(XD GAGrr«; STATIOO. IIHEREI\S 1 11"011itor of the SOuth Platte River at the Englei«!!d Gaging Station is funded half by I:nglei«!!d and the u.s. Geological Survey I through the Joint Funding 1\greenent I and half through a <::oq:Jerative agreeteut between he Urban Drainage and Flood Control District and the u.s. Geological Survey; and \IIJI:RFAC;I he riod of agr is January 1 1 1988 through Oecentler 31 1 1 86 for a otal cost of $1 0 1 800 1 $5 1 400 to paid by the City of Eml and $5 1 400 pa1d by U.S. Geol ical Survey; IL OF THE CITY OF or 4Wld on lft 7 h 0 • 1 1 -1 - .... I . - • • Published by title as Ordinance No . day of Harch, 1988. Attest: Patricia H. Crow , City Clerk • • • __ , series of 1988, on the 30th I, Patricia H. Crow, City Clerk for the City of El"lglewood, Colorack>, hereby certify the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. __ , Series of 1988. Patricia H. crow l I • Form 9·1J66 (RC:V . 6186) • • - Department of the Interior Geological Survey Joint Funding Agreement FOR Cost Center: Customer No: Agr eement No: 0 4608 CPOS C08 8059 Water Resources Investi~a ti o ns 3 AGREEMENT is entered in to as of the 1st day of January 1988 by the GEOLOGICAL SURVEY, uNITED STATES DEPARTMENT OF THE INTERIOR , party of the first part, and the CITY OF ENGLEWOOD COLORADO, BI-CITY WASTEWATER TREATMENT PLANT party of the MCOnd part. 1. The parties hereto agree that subject to the availability of appropriat ions and in accordance with their respectiw authorities there shall be ma inta ined in cooperat ion operation and maintenance of a four-parameter water - quality monitor at gagi ng station located on the South Platte River at Englewood hereinafter called the program. 2 . The followmg amounts shall be contn buted to cover all of the cost of the necessary field and office work direclly related to th is program , but excluding any bureau level general administrat ive or accounting work in the office of either party. (a) S 5 , 400.00 by the party of the first part duri ng the period January 1, 1988 to 0 cembe r 31, 1988 (b) S 5, 400.00 by the party of the second part during the period January 1, 1988 to 0 cem ber 31, 1988 (c) Additional amounts by each party during the above period or succeeding periods as may be determi ned by mutual agreement and set forth tn an exchange of leHers between the part1es. 3 Expenses mcurred 1n the performance of th1s program may be paid by either party in contormity with the laws and regulations respectively governing each party, provided that 10 far as may be mutually agreeable aJielq)enses shall be pa1d 1n the first Instance by the party of the f1rst part wtth appropriate reimbursement thereafllt' by the party of the MCOnd ~'lrt . Each party shall furn1sh to the other party such statements or reports ol expenditures as may be nMdecl to aatisfy al requirements fhe lteld lnd office work pertaining to th 11 program shall be under the direction of or SUbject 1o Plt'lodic: relliew by an authonzed repreaantat1ve ol the party ol the ltrlt part 5 The areas to be ncluded In the program sh II be determined by mutual agreement between the partiet hereto or their authonzed repreaantat1ves The methods employed n the f1eld and office shall be tnoee adopted by the party of the hrlt part to tnsure the requtred standards ol accuracy subfect to modificatiOn by mutual Agreemelll 8 Ounng the progre olthe Work all operatiOn of e1ther party Plt'181nlng to th11 program lhall be open to the in1pec:tion of the other patty, and lithe wor 11 not being earned ort •n a mutually 1111 fectory manner , eleher Pllt)t may tenn1na1. 1 ' ag~ rnent uport eo days wnnen not1C41 to the Other party 7 T h1ng from th1 program Will be deposited 1n the off~ of or~g~n of lhoee r.oordl Upon AtQUMt, of 1 ong.n r ds Will be P'OYtded to the off of the othet party '"IPS. rec:otd or report re ultmg from t program be made a to the Pllbllc aa prornptty , record or reports norm ly Will be publ. had by the party of the fii'St part ~, petty of the MCOnd J>Ybh h the r uft Of I • progt and If J)Ubl by the petty of the 1*1 by the party o t f•r t part, tor ~ of reptoduc::hon COf>Y w l>f ed T pUbiflhed by party I I t • I - • ooonwa NO. _l_ SERIES CF 1988 • • • BY Al1I'IDU'IY CXXH:IL BIU. NO. 8 nmuxx:m BY CXXH:IL MEH!.m VAN DYXE AN 000~ ACCEPT!~ l'HiLEHXI> URBAN R!mHU. AlJ'nDU'IY'S NOl'E ~ REPMHENI' OF r.t:NIES AIJVll.K;ID ro IT~ URBAN RmDiAL ~ PRlJJrl'S. \IHERFA<;, the Engl~ Urban Renewal Authority ("Authority") is involved in renewal projects in the City of Engl~; and lli-II:!ID\5, the City of Engl~ has aqreed to loan the Authority funds to comple e these projects ; and \IHE!U'A'i , the Authority, by Resolution a its March 2, 1988 .-eting, has aqr o rcpav the debt thralgh a SUbordinate Tax Increment Revenue Note; , 'n!ElURIU:, BE IT CHlMNID BY THE CI'IY CXl.N:IL CF THE CI'IY CF """"""""'""'-IUo ~ 1 'nf,\T: on 1. 'The Dlcjl Urban Renewal Authority SUbordinate Tax Inc --.-:::=-~= e (Dlr]le.«:xxd Downtown Rede:YelCJplll!lnt Project) ri 1988.\ i n thf' rrincipal 0 Seven Jklndred Seventy-eight 'Dlousand Doll&r11 ($773,000) naxi"Un wi h in the rat of 8.1~ per annl.ft .-ld a •turity Dec:ert:~er 1, 2005, is reby approo.oeC! .-ld accepted. A copy o aaic1 Ill" o and 1nco r ed herein by reference. 1 1 1 n -• • • I, Patricia H. Crow, City Clerk for the City of fllglewood, Colorado, hereby CE'.rtify the above and foregoing is a true oq,y of the Ordinance puaed on final reading and published by title as Ordinance No. __ , Series of 1988. Patricia H. crow l I . • • • UNITED STATES OF AMERICA STATE OF COLORADO COUNTY OF ARAPAHOE CITY OF ENGLEWOOD ENGLEWOOD URBAN RENEWAL AUTHORITY SUBORDINATE TAX INCREMENT REVENUE NOTE (ENGLEWOOD DOWNTOWN REDEVELOPMENT PROJECT) SERIES 1988A $778,000 No. R-1 •~~,o~ (madiiWI) INTEREST RATE: MATURITY DATE: ORIGIIIAL ISSUE DATE: 8.1\ per annum December 1, 2005 March 2, 1988 REGISTERED OWNER: CITY OF !IIGLEWOOD, COLORADO SEVENTY PRINCIPAL SUM: A MAXIMUM OF SEVEN HUBORED-EtGMTY EIGHT THOUSAlfD DOLLARS, DRAJIABLE AS DESCRIBED HERE Ill DOW ALL PERSOIIS BY THESE PRESEJITS that the En91ewood Urban R n al Authority (the •Authority•), a public body corporate and politic duly orvaniaed and eaiating under the lava of th State of Colorado, for value received, pro•iaea to pay, aolely from and to the eatent of the Subordinate Truat atate, •• deacribed herein, to the order of the Reviatered Own r, naaed above, or regiatered aui9n1, on th Maturity Dat atated above, upon aurrender hereof, the Principal Sum videnced by tbia note, aubjec to a .. zi , •• ate ed above, and in llk .. nn r to pay inter at on ach advanc o all or any portion of th Principal su roca dat of c auch advanc a h ln er 1 Ia •· a a ed abov , r nnu • which in ab 11 be yabl • nnually on Jun 1 and l o ach y date h o • co nclnv c 1981, until Principal ia paid, ac p provlalona • or h h r ap c o r on o hia no I . • • .. maturity may become applicable hereto. The principal of and premium, if any, on this note are payable in lawful money of the United States of America at the principal corporate trust office of the Authority, as initial trustee, or any successor trustee appointed by the Authority, or its successor in trust (the •Trustee•). Payment of interest on this note shall be made to the Registered Owner hereof and shall be paid by check or draft mailed to the Registered Owner at the address of such Registered Owner as it appears on the registration books of the Authority maintained by the Trustee in the manner and subject to the limitations set forth in the Subordinate Resolution referred to below. This note is one of an authorized issue of notes designated •Englewood Urban Renewal Authority, Subordinate Tax Increment Revenue Notes (Englewood Downtown Redevelopment Project) Series 1988A,• limited, except as provided with respect to Additional Subordinate Debt (as hereinafter defined), in aggregate principal amount to S778,000 S?-.reee (the •series 1988A Notes•), issued by the the Authority for the purpose of providing funds to finance certain of the activities of the Authority in connection wi th the Englewood Downtown Redevelopment Project (the ·urban Renewal Project•), an urban renewal project located in an area (the •urban Renewal Project Area•) within the boundaries of the City of Englewood, Colorado (the •city•). The Series 1988A Notes are issued under the authority of the Colorado Urban Renewal Law, constituting Article 25, Title 31, Colorado Revised Statutes (the •Act•). I . • • • Pursuant to the prov1s1ons of an Indenture of Trust, dated as of December 1, 1985, by and between the Authority and The Central Bank and Trust Company of Denver, d/b/a Central Bank of Denver, as trustee (the •senior Trustee•) (which indenture of trust, as from time to time amended and supplemented, is hereinafter referred to as the •senior Indenture•), the Authority has heretofore issued its •Englewood Urban Renewal Authority, Taz Increment Revenue Refunding and Improvement Bonds (Englewood Downtown Redevelopment Project) Series 1985A• in the original aggregate principal amount of $23,150,000 (the •Series 1985A Bonds•), and its •Englewood Urban Renewal Authority, Taz Increment Revenue Refunding Bonds (Englewood Downtown Redevelopment Project) Series 1985B• in the original aggregate principal amount of $7,045,000 (the •s.ries 19851 Bonds•). As set forth in the Senior Indenture, the Authority may issue under certain conditions Additional Debt which will be secured on a parity under the Senior Indenture with the Series 1985A Bonds and the Series 1985B Bonds. The Series 1985A Bonds, the Series 1985B Bonds and any Additional Debt so issued by the Authority are herein collectively referred to as the •Bonds.• As set forth in the Senior Indenture, all Bonds are secured on a basis which is senior and superior to the security provided to the aotes under the Subordinate Resolution. The Subordinate Trust Estate, which has been pledged to pay the principal of, premium, if any, and interest on the Notes from time to time Outstanding, includes the Pledged Subordinate Revenues (as hereinafter defined), all unezpended proceeds of the Rotes and any other funds or property pl dged by the Authority as security for its obligations under th Subordinate Resolution. Under the Subordinate Resolution, •Pledged Subordinate Revenues• Neans the sua of (a) all a.aunts froa tl .. to tl .. on deposit in th subordinate Debt Fund created under tb S nior Indenture, and (b) all inca.. d rived froa th inv at n and reinv s nt of h subordinat Trust Funds . • • • • This Note is transferable by the Registered Owner hereof in person or by his or her attorney duly authorized in writing at the principal corporate trust office of the Trustee, but only in the manner, subject to the limitations and upon payment of the charges provided in the Subordinate Resolution, and upon surrender and cancellation of this Note. Upon such transfer a new registered Note or Notes of the same series and the same maturity and of authorized denomination or denominations for the same aggregate principal amount will be issued to the transferee in exchange therefor. The Authority and Trustee may deem and treat the Registered Owner hereof as the absolute owner hereof (whether or not this Note shall be overdue) for the purpose of receiving payment of or on account of principal hereof and premium, if any, and interest due hereon and for all other purposes, and neither the Authority nor the Trustee shall be affected by any notice to the contrary. The Series l988A Notes are issuable as fully registered Notes without coupons in denominations of $1,000 and any integral multiple thereof. Subject to the limitations and upon payment of the fees, taxes and governmental charges provided in th Subordinate R solution, the Notes may be exchanged for a like aggregate principal amount of Rotes of other authoriz d denominations of the aame aerie• and the aame maturi y. The Seri s l988A Notes are subj ct to redemption in advance of ma urity as aet forth below: The s ri r d mp l988A Truat I . • • ,. • registration books; provided, however, that failure to give such notice by mailing, or any defect therein, shall not affect the validity of any proceeding for the redemption of any Series 1988A Note or portion thereof with respect to which no such failure has occurred. Any notice mailed as provided above shall be conclusively presumed to have been given, whether or not the Registered Owner actually receives the notice. Notwithstanding any provision of the Subordinate Resolution to the contrary, no written notice of redemption shall be required to be given to the City as Registered Owner of any of the Notes. All Series 1988A Notes so called for redemption shall cease to bear interest after the specified redemption date provided that funds for their redemption are on deposit at the place of payment at that time. have no ri9ht Resolution or th rein, or to IS aul under • inv 1 I • - f I • • • the Subordinate Resolution. Any such consent or waiver by the Registered Owners of two-thirds (2/3) of the Motes shall be conclusive and binding upon such Registered Owner and upon all future Registered Owners of this Note and of any Note issued in replacement hereof whether or not notation of such consent or waiver is made upon this Rote. The Subordinate Resolution also contains provisions permitting the Trustee to waive certain past defaults under the Subordinate Resolution and their consequences. This Note shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Subordinate Resolution until the certificate of authentication hereon shall have been signed on behalf of the Trustee. It is hereby certified, recited and declared that all acts, conditions and things required to ezist, happen and be performed precedent to and in the ezecution and delivery of the Subordinate Resolution and the issuance of this •ote do ezist, have happened and have been performed in due ti .. , form and manner as required by law . I . -• • • IR WITNESS WHEREOF, the Englewood Urban Renewal Authority has caused this Note to be executed in its name by the facsimile or manual signature of its Chairaan and its corporate seal to be hereunto impressed or imprinted hereon and attested by the facsimile or manual signature of its Secretary, all as of the date set forth below. DGLEWOOD URBAR REIIDfAL AUTHORITY Att's~ [)., 1 1{__ By ~~I"U"'~~~~~....,.......-ByV-~ Secretary of the Board of Commissioners [AUTHORITY'S SIAL] TRUSTEE'S CERTIFICATE OP AUTHEIITICATIO. This Rote is one of the •otes of the issue described in the within-mentioned Subordinate Resolution of Trust. Dated: 7l1t& ~~ I fff _,_ I . -• • • (FORM FOR TRAMSFER) FOR VALUE RECEIVED, , the undersigned, hereby sells, assigns and transfers unto (Ta~ Identification or Social Security •o. ) (Please Print or Type Name and Address of Transferee) the within note and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within note on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(•) must be guaranteed by a ..-bar fira of the •ew York Stock Exchange or a ca.aercial bank or trust ca.pany. aoTICE: The signature to this assignment must correspond with the n ... aa it appears upon the face of the within note in e•ery particular, without alteration or enlarg ... nt or any change whatever. TRAMSFER FEES MAY BE REQUIRED - l J CHlnwo: 00. q SflUES CF 19887 • • • CXXJOCIL BILL NO. 9 INl'R£lXOD BY ro.N::IL ~ KOZACEK AN CHlllWCE APP~ AN AGREflo1ENl' ~THE OOARD OF axN1Y a:MUSSI~ CF THE a:xJNlY OF ARAPNDE I STATE OF C(L(lW)() I m:> THE CI'IY CF ~ a::.N- ~IN; THE USE CF IDrl'ERY F\H>S ~ c:c.NS"l'ROCTICN CF A PIDESTRIAN/HAN:>ICAPPID NXESS BRIDGE ACIU>S BIG DRY CREEK IN ~ PARK. WHEREAS, pursuant to Section 29-21-101 Colorado Revised Statutes, Arapahoe County and the City of Englewood are eligible to r ive Conservation Trust Funds fran the Division of Local Goverrment of the Colorado Depart:men of Local Affairs; and WHEREAS, pursuant to statute, the County lllilY oontrac:t with the C1ty of Englewood to share mcnies held by the County for Conservation Trus Fund pw:poaes; and ~, Engl.wood has applied to the County requesting f for the oon.stnaction of a trian/handicapped access brid9e ac:ro. Little Dry in the Cl ty' a llevi Park, and the County has approyecS this I:11!1lla.-nc I ~. BE IT ~ BY 11tE CITY ca.N:IL 01' '!HE CITY ~IW:l"'.A.IU 1 CXL<JtNX) I 'nV\T: 11 - • Published by title as Ordinance No. day of ~\arch, 1988. Attest: Patricia H. crow, C1ty Clerk __ , • • • Series of 1988, on the 30th I, Patricia H. Crow, City Clerk for the City of Englewood, Coloracl:>, hereby certify the aboYe Md foregoing is a true copy of the Ckdinanoe paned on final reading Md published by title as Ordinance No. __ , series of 1988. Patricia R. crow I . • • .. • AGREEMENT THIS AGREEMENT ia entered into by and between the BOARD OF COUNTY COMMISSIONERS or THE COUN'1'Y or ARAPAHOE, STATZ or COLORADO (the "County") and the CITY or ENGLEWOOD ("Englewood"). WHEREAS, pursuant to Section 29-21-101, C.R.S. 1973, aa aaended, the county and "Englewood" are aliCJibla antitiu which are entitled to receive conservation truat Punda froa the Division of Local GoYernaant of the colorado Depart.ant of Local Affairs: and WHEREAS, the county, purauant to atatuta, .. Y contract with "Englewood" to ahara aoniu bald by the County for conservation Trust FUnd purpoeea: and WHEREAS, "Englewood" did sut.it an application to the county requesting funds for the construction of a pedestrian brid9e at Belleview Park (Project CTrl7-11): and WHEREAS, after a hearing on aaid application, the county approved the rac~andation of ita conHrvation Trust FUnd Co itt • for this project. NOW, THZREPORZ, IT IS AGREED aa follows: 1. The County shall pay to •Englewood" the aUII of $1 ,ooo. 2. EncJlewood shall expand theH funcl8 only aa paraitted for conservation Trust FUnd purpoeea aa Ht forth in s ction 29-21-101, c.a.s. aa a .. ndad, which include acquiaition, d vel or .. intananca of nav conaervation aitea or for c p tal rov nta or .. intananca for recreation purpose• on ny public ai tor Proj CTPI7-11. 3. The aay euaina the book.a, recorda, doeu8anta of Enqlewood • prov dad puraWll't to th • rv ion Tru 1\aftd pu,._ ........ • - • • • • report shall include photographs or slid.. shoving tbe iaprov ... nts installed as part of C'ITI7-ll. Additionally, vhen available, a copy of tbe annual audit of Englewood · for 1911 shall be sUbaitted to tbe County. ATTEST: Marjorie Page Clerk of the Board CITY 01' DGLINOOD Title Date 80AitD or couwrt ca.aaaia.as, COOwtY 01' ARAPAHOE, STATE 01' COLORADO COUNCIL DATE March 23, 1988 • • • C 0 M M U N I C A T I 0 N AGENDA ITEM SUBJECT Amendment to the Non -emergency Retirement Plan INITIATED BY ______ F_i_n_an_c_e __ De_p_a_r_me __ n_t ________________________________ __ ACTION PRO PO SED. ________ A_P_P_r_ov_e __ a_b_,_·l_l_a_me __ n_d_i n_g __ t_he __ N_o_n_-e_me __ r_ge_n_c_y __ Re_t_i_r_eme __ n_t_ Plan by providing the non -emergency mid -management, supervisory and confidential employees the option to participate in the Non -emergency Retirement Plan, and amending the Non -emergency Retirement Plan to allow employ es hi red prior to 1970 and not participating in the plan to receive servlc credit in the plan and approve a resolution authorizing the City Manager to establish an optional ney Purchase Plan for non -emergency •id-Manager s upervisory and con 1d ntlal e ployees. ploy s p nston plan w r r qulred r of th plan . I . • • .. remain in the Non-emergency defined benefit pension plan or elect to participate in a money purchase plan. Mid-managers electing to participate in the money purchase plan and currently in the defined benefit plan would be vested for the years of credited service as of the date they begin participating in the money purchase plan, or they may withdraw from the non-emergency plan and be eligible for the 2% withdrawal only upon termination of employment (employee may withdraw all of their contributions made to the plan between January I, I970 and December 3I, I975 as well as 2% of their salary earned between January I, I976 and December 3I , I982). Forty percent (40%) or approximately thirty-two (32) of the eligible employees must elect to participate in the money purchase plan in order to establish the plan with ICMA. The plan would allow those employees promoted to the level of mid -manag r t option of choosing between the defined benefit plan or the money purchas plan . Those employees promoted to the level of mid-manager would be vest d for the years of service as of the date they elect to participate in the ney purchase plan. FINANciAl The City contribution to the money purchase plan would re~ain a th sa level as the City contribution to the Non -~rgency Retlr ment Plan · currently 71 . There would be no additional costs to the City required . The f1rm of Hercer ·Meidinger -Hansen, an independent actuarial consulting f i h1s revie d the effects of the propos d 1 nd nts to the p nslon pl1n and has deten.fn d tha ere will be no significant adv rse actuarial ffects pl1c d upon the plan . REC ENDATI~ I l J ORDINANCE NO. SERIES OF 1988-- • • • BY AlTI'HORITY A BILL FOR <XXJNCIL BILL NO. 10 INTRODUCED~ ~IL MEMBER ~:-{_(,t.-r-- AN ORDINANCE AMENDING TITLE 3, CHAPTER 6, ENGLE\' HUNICIPAL CODE 1985, RELATn..:; 'ro CITY OF ENGlJ:l NCM'NERGENCY fl-lPLOYEr:S RETIRfl.1D\IT PLAN AND TRUsr . WHERFAS, by Ordinance ' . 37, Series of 1987, City Council r epealed and r eenacted Clap er 6 of Title 3, Englewood ~lunic1.pal Code 1985, entitled "C ity of Engl ,'OQd g ncy loyees Re ir nt Plan a:"ld Tn;st as Restated Effective J uary 1, 1987;" and h,IEREAS, in oroor o provJ.de curren mploy s rtuni y to recei credi for all servic pnor o he da of ng a r of the Nonerrcrgency Re ir n Plan (the Plan), it will be necessary to nd certain parts o Olapter , Title 3, Fl-1985; and ""'"rv"""n s are necessary to provide an op ion 1 sion , ~. BE IT ~ :m BY 'mE CITY EN::iLEtoaD, ~, THAT: n. loyee in the form o! an CITY C£ f.:rlgl I . - • • • • • Section 3. Title 3, Chapter 6, Article III, Section 2, Englewood Municipal Code 1985, is hereby amended by adding a new subsection e to read as follows: e. CIT'i COONCIL HJ\5 ESTABLISHED 'nlE MANAGERIAL, SUPERVI~Y Cit CCNFIDENTIAL I~ K:NEY PURCHASE PLAN FCR MI\NAGERIAL, SUPERVISORY OR CCNFIDElll'IAL D1PLOYEES EFFa:TIVE JANUARY 1, 1988 AS 1\N OPTI~ PLAN TO ~IIOI 'n!E CITY SIIALL MAKE CCNl'RIBlll'IOOS 00 13Elll\LF OF NfY EXD-1PT EMPLOYEE ~ ELEX:TS 'ntiS PLAN. Section 4. Title 3, Chapter 6, Article N, Section 2.c., Englewood Municipal COdP 1985, is hereby amended to read as follows: c. P riods of Clll>loyncnt "With the City prior to the date the Otployce became a foo1cJ't)cr shall not be included as Credited service unl ss the SOCH AN arployee (1) elected to becane a r of the Plan on January 1, 1970 pursuant to Section l of Article III hereof, Cit (2) IS <::CMlUD UNDER 'mE PRCNISIOOS OF Am'ICLE N, SEX:TI~ 3 HEREn'. Section 5. Title 3, Olapter , Article N, Section 3, Englewood Municipal C'.O&! 1!>85, is hereby l!IIICnded by adding the following paragraph at the end of i on 3 to re d follows: • • - l I J • • • • l, Patricia H. Crow, City Clerk of the City of Englewood, Coloraoo, hereby certify the above is a true copy of a Bill for an Ordinance, introd.lced, read in full, and passed on first reading on the 28th day of March, 1988. Patr~c~a H. Crow - l ' • • • RESOLUTION NO. ~ SERIES OF 1988 - A RESOLUTION ESTABLISHING A MONEY PURCHASE PLAN FOR NONEMERGENCY MID-11ANAGERS, SUPERVISORY AND CONFIDENTIAL (MSC) EMPLOYEES AS AN OPTION TO TilE NONENERGENCY EMPLOYEES RETIREMENT PLAN. WHEREAS, the City of Englewood provides a retirement program benefit for its employees; and WHEREAS, the City Council of the City of Englewood desires to make available an optional retirement plan for nonemergency mid-manager, supervisory and confidential (MSC) employees; and WJ!EREAS, the establishment of a Money Purchase Plan will benefit employees by providing funds for retirement and funds for their b neficiaries in the event of death; and ~lHEREAS, the City Council desires that its Money Purchase Plan be administered by the I~tA Retirement Corporation; NO\ , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEIIOOD, COLORADO, AS FOLLOWS: Sec ion 1. A Money Purchase Plan in th for of the ICMA RetireD n Corporation Proto yp Money Purchase Plan and Tru t, pursuant to th specific prov1sions of the xecuted Adopt~on m n is hereby approved. Th Plan shall b known a •c1ty wood HSC ploy s 40l(a) oney Purchas Plan. rg d fin au h loc 0 ADOPT 0 I, non - ploy • •• and Dir ctor of quir d Plan docum nta r s abl1 h d policy. D APPROV D h 28 h day o H rch, 19 8. H yor l'lC 0 i I • • • - C 0 U N C I L C 0 M M U N I C A T I 0 N IT EM SUBJE CT lease/Purchase Agreement Fire Pumper March 22, 1988 1 N 1 Tl ATED BY ___ M_arg_a_r_et_F_re_e_m_a_n ,_A_ct_i_n_g_D_i_r_ec_t_o_r_o_f_F_i n_a_n_ce ______ _ ACTION PRO PO SED, ____ A_p_pr_o_v_e_a_mo_t_i_o_n_t_o_ac_c_e_pt_t_h_e_l_o_w_b_i_d_f_r_om_H_a_n_i_fe_n __ Imhoff , Inc . for the lease/purch ase of a fire pumper and authorize the City Manager to enter into a lease/Purchase Agreement BACKGROUND On May 18, 1987, the City Council author ized the acquisition of a fire pumper for 1988 and an order wa s placed ford livery and acceptance in 1988 . The Fire Depart nt 1988 budget for lease/purchase of fire vehicles is 5145,650 . Two leases end in 1988 and total expenditures for the leases are $71,175 . Ad pa nt and lease pa nts for the 1988 fire pu.per re bud - geted at $74,475 . Due to the favorable Interest rates ava i lable and the total co s t of th acqu isi t ion, bids r recei ed for no down pa nt and pa~nts to btgin January 1, 1989. Th anticipated savings for expending th entire 1988 budget was $10,859 ich is th total accrued tnt rest fro. closing through January 1, 1989 . Due to th City's budg t situation and the ac tual cos ts involved · $75,582 in 1989 and $66,443 In 1990 and 1991 -it is ~r cost eff clive not to exp nd 1988 budget. The City Ill hav the us o t ~ney and r altze a $74,475 1988 budg sav i ngs . • -• • • RECONMEJI)ATJON City Council ipprove the bid of Hinifen I~off, Inc. for the Equipment Leise/ Purch1se fin1ncing 1nd City Council 1pprove 1 resolution Authorizing the ex- ecution of 1 leisefpurchise 1gree~nt with Hanifen Imhoff, Inc. Suggested Motions (2 sep1r1te ~tions/lctions required): 1. Th1t City Council 1pprove the bid of H1nifen Imhoff, Inc . for le1sej purch1se fin1ncing of $180,000 for acquisition of 1 fire pumper . 2. Th1t City Council 1pprove Resolution No. Authorizing the City "1n1ger to sign 1n Equipment Le1sejPurch1se Agreement with Hinifen I.noff, Inc . on beh1lf of the City of Englewood. I • • • - • - .... ------------------------------------------------ i~i~I~'EST yg:;~y EIFE~':E r~ ------JQT~L L:~SE :-~:: ------· 7~L nm·cnv ·~ r.c•ts THE tir,:;; ~Ll LESSOR r:;s s ro·:.L :q 9 o~:,:; I~ ~(~ P~l~:mL T~~ "U co: 5 F'FS'i ~Uf:I:r ··;_ mm; -o-b ',2:t.~a 1: .~.o.oo :2, 0 !5. oa JS~.oo~. ~·l 2 .2 ,915.0~ 2!2,~ts.oe r .. ,.i::-E'-;:..,.:=;, l~C. -0-co.::· " :~,a~= . .;: :9,i76.£2 m. ::v.r (.j: .176. &2 :;;9,1:6 .82 [\ ... :~~~: N~T ~= ·~l LEA51M3 + . . . If 11,2:: .e: j:,:r2 .t4 J a o,vr~. 21:.202 .24 21:1,2,:.:• :_'-"\';t. •• f:" 'iil.l 71,1 .~ ~~.~il.<2 12.: ;;.ss 1"0,00· .o ~12. :~.;;s 2l ;i ! .o: c;:· :t..= 11·:._ :£:\:·~E: -v-~ ~ ~., . 7: I t::v.~ . -rr •r ::~.'«·.0! "'-'"' ~rr ~r :tat:~~.:: • ,. :, ... ..... 'j'• ,J.J, ,J li:"' .~;· 1·.:n1r :: .. l ... t;:, j,5=~.6: !V.i~· ,. ·z ... :• IE\ ~ •. ,,. ~{ . ~~:. j~ : ~ ........ . ' ;i -· -· ' t•• . ,):• ) 11, •• J .. 3 1 ':; ~.~= ;l ~ 02 ·~ .. ~()' . ~::,:•t.=: :t:,u:. ": .. t ••• -·""~ "'· ... • • • • - RESOLUTION NO. Series of 1988 • • • A RESOLUTION APPROVING A LEASE/PURCHASE AGREEMENT WITH HANIFEN I~OFF, INC. FOR THE ACQUISITION OF EQUI~ENT FOR THE CITY OF ENGLEWOOD. WHEREAS, the City Council of the City of Engl~ood, Colorado, has deter.ined that a true and very real need exists for the acquisition of the equip.ent described in the Equipment lease/Purchase Agreement; and WHEREAS, the City Council of the City of Engl~ood, Colorado; has taken the necessary steps under applicable law to arrange for the acquisition of such equiPMent under the Equipment lease/ Purchase Agreement; NOW, THEREFOR£, Bf IT RESOLVED, by the City Council of the City of Englewood, Colorado, as follows: Section 1. That the Equipment lease/Purchase Agreement bet n Hanifen I o , nc., as lessor, and the City of fngl od, Colorado, as lessee, for the lease/purchase of certain equl~nt Is hereby approved. Section 2. That the City Manager and City Clerk of the City of Englewood are ereby authorized to sign and att st the Equi~nt lease; Purchase Agr nt with Hanlfen I~off, Inc. for and on behalf of th City Council and t City of Englewood. ADOPTED D APPROVED this 28th day of March, 1988. ATTEST : I . -• • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJECT March ZZ, 1988 East Kenyon Avenue Right -of -Way 1 N 1 Tl ATED BY ___ o_i r_e_c_t_or_o_f_E_n_g_l n_e_e_r_i n_g_se_r_v_i c_e_s __________ _ Resolution accepting a right -of -way in the 700 block ACTI~ PROPOSED-------------------~------------------------ of E. Kenyon Avenue In 1986, the Engineering Services Depart.ent negotiated with Mr . Clyde B. Taylor of 3701 South Clarkson Street to acqu ire the north 15 feet of his property for use as right -of-way In the 700 block of East Kenyon Avenue. In exchante for this right-of-way, the City agreed to construct E. Kenyon Avenue to City paving standard, with the cost of said construction to be borne by the C ty . A v rbal agre nt was reached at this tt.e . Construction wa s co.pleted in 1987 und r Paving District No . 32. o t curb, gutter • paving wa s charged to Section ·a· (C ty cost) 0 slr ct • 32. Th appraisal of l 15 f l of rfg t -of -way far cos o construc t on . t I • - RESOUTriOO NO. , • I SERIFS OF 1988 /.!:1 • • • .. A RESClmiOO ACCEPT~ RIGHT OF WAY 00 EAST KEl-IYOO AvmJE IN ~OCTIOO m'rn PAVING DISTRicr NO . 32. WHEREAS, the Engineering Services Deparbrent negotiated with Clyde B. Taylor to acquire the north 15 feet of his property for use as right of way in the 700 Block of East Y-cnyon Avenue; and \IHEREI\S, in exchange for this right of way, the City agreed to construct the South l/2 o Eas Kenyon Aven~ adjacent to t.J-.e Taylor property to City p.lVin<J standards with the cost of said construction to be borne by the City; and Ill~, the City now desires to confirr.~ the verbal agreemen by formal written CI'Jre<!.!ren and quit claim deed outlining the terms of th1s exchange; t I, 'n!EJU:::FOOE, BE IT RE9JLVID DY 'niE CITY COOtCIL <F 'nU:: CITY <F Ela..El , CXI.(RI\[)0, THAT: Section l. The Al)reer!e1t and Mt Claim Deed by and the C1 y o Englewooc! and Cly<Z B. Taylor to exchange real property for righ of way JlUX'iX)SeS for paving in the 700 Dlock of East Kenyon Avenue a C1 y s hereby approved. A ocpy of said ~t and ~ t Claim i8 at hei' o 11M incorporo ed herein by reference. ADCPrtD 1: APPPDVtD this 28 h day of March, 1988. • Col r1 • 1 I • • • • • AGREEMENT AND QUIT CLAIM DEED THIS AGREE~IE:-l'£, made and e ntered into this 7 "0 day of 11~c~ , 1988, by and between CLYDE B . TAYLOR , hereinafter referred to as Owner , and the CITY 01-' El~GLEIIOOD, COLORADO, a Colorado municipal corporation, hereinafter referred to as City; \HTNESSETH \liiEREA5, Clyde B. Taylor is the owner of certain real pro~erty located in the City of Englewood, County of Arapahoe, State o( Colorado; and ~mCREAS, the City desires to acquire the right-of-way over this property for he usc and benefit of the City, specifically, for a right-of-way for East Kenyon Avenue fron the west right-of-way line of South Clarkson Street to the west boundary of OWner's property; NOU, TnEREPO E, in consideration of the right-of-way and other good and valuable consideration, h reinafter appearing, the parties hereto agree as follows: 1. GRANT OF RIGIIT-OF-WAY ~~n r h reby conveys, quit claim and d eds to th C1ty fifteen (15) f e of right-of-way for East Kenyon Avenue fro th 11 s ri9h -of-way lin of Sou h Clark on S re t to the W s bound ry of OWn r•s prop r y, a dist nc of pproxim tely 174.2 ! , 1 9 lly d cr1bed as follows: 1 y 7 . l/4 of Section J, o he 6th P.M., Arapaho Av y I • • • • • 3. ODLIGATIONS OF CITY City agrees that East Kenyon Avenue is to be constructed across said property to City's specifications, and the construction costs for curb, gutter, sidewalk, and other street i~prove~ents for East Kenyon Avenue shall be borne by the City. In no event shall Owner be assessed for improvements constructed under Paving District 32 on property adjacent to East Kenyon Avenue. All said work is subject to City normal uarranty and future responsibility for curb, gutter, and sidewalk pursuant to existing City ordinances concerning the sa~e. 4. BINDING Otl SUCCESSORS AtiD ASSIGNS The terms and conditions of this Agreement shall inure to and be binding on the heirs, successors, and assigns of the parties hereto. IN UITtESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. 0 lER CITY OF Et GLI:\1000, COLORADO By-=----------------------Mayor ATTEST: ci y Clerk STATw 0 COLO ADO •• COU • Y 0 A PAllO t o r I • • • STATE OF COLORADO ss COUNTY OF ARAP~HOE The foregoing Agreement and Quit Claim Deed was signed and attested to before me by and ________ as 1-layor and as City Clerk, respectively, of 7t~h~e~C~1~t-y~o'f~E~n-g~l-e_w_o_o~d~,-C~o~lorado, the day of 1988. My Commission expires: l otary Public Address: • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM March 28, 1988 SUBJECT Amendment of PIF Six -Quarter Budget Jan ., 1988 through June, 1989 INITIATED By City Manager -----------------------------------------------Amendment of Six-Quarter budget for the period ACT I ON PROPOSED, _____________________________________ _ January, 1988 through June, 1989 BACKGROUND The Public Improvement Fund (PIF) Six -Quarter Budget process was adopted in the Su r of 1973 . The essence of the Six -Quarter Budget Is that the City has a continuing budget wh ich extends one-and -one-half years into the futur e. Every quarter, th City Council reviews and analyzes th is budget, and if projects are d layed due to unavoidable clrcu.stances, they are dropped back in this budget, i l projects ready to go are .aved forward and cOMpleted ahead of schedule, or a n w or rgency project could be added . )) • I . • • • .. negotiate with an experienced contractor from Arkansas to place the material. 2) In the second quarter, S89,100 to construct a storm sewer in South lincoln Street from Floyd to Hampden. Although improvements were made to the storm drainage system at Broadway and Girard during the Parkway construction, flooding continues to occur on Broadway north of Girard during the intense summer rainstorms. This new storm sewer would intercept the water at Floyd and at Girard on lincoln Street, reducing the amount of water reaching Girard and Broadway. Public Works department personnel would install the pipe; catch basins and manholes would be constructed by a private contractor. 3) In the second quarter, S92,500 to construct a storm sewer in We st Kenyon Avenue from east of Elati to Inca. Due to financial problems in the PIF, this project was deleted from the PIF in mid -1987. This storm sewer would alleviate the problem of standing water in the winter (as long as the catch basins are kept clear) as well as handle the two -year rainstorm. This storm sewer conforms to the City's 1971 Storm Drainage Plan with the modifications required because of the construction of Buyers' Club and Home Club. 4) In the second quarter, S30,000 to make stona sewer and retaining wall repairs just east of Key Savings at littl Dry Creek. This work will be done as a change order to the EURA's con ract with Lillard and Clark, Inc ., contractors on the Little Dry Creek Downtown I~rovements project . 5) In the s cond and third quarters, S60,600 and S57,800, respect~vely, for Road and Br l dg to cover Ro oeill lease and aintenance payments (S49,900); x nd1ng th ast City Hall Par ing Lot (S11,500); Public r s 0 par t constructing a 12 -lnch sto s r in th alley east of 3900 So th Grant (SS,SOO); and .an es or ng neer ng and conttng ncies for str and s ona s r proJ cts (SS2,000). 6) I • RESOLUTION NO. ~~ Series of 1988 • • • A RESOLUTION AMENDING THE GOLF COURSE FUND AND THE PUBLIC IMPROVEMENT FUND. WHEREAS, the City Council of the City of Englewood, Colorado, desires to make certain changes to the Public Improvement Fund and Golf Course Fund; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Englewood, Colorado, as follows: Section 1. The following estimated revenues and changes in appropriation of funds is hereby made in the Public Improvement Fund: Source of Funds Urban Drainage l Flood Control District ~glication of Funds .. 133 Road l Bridge Sidewalk Repair P.O. 132 1988 Slurry Seal PrograM South lincoln Stor. Sewer Kenyon Ston~ S r Key Savings Stona Sewer Concrete Repairs Road l Bridge Uttle Dry Cr ek little Dry Creek PJF • EURA Projects S300 ,000 (Sl75, 000) ( 335,000) ( 50,000) ( 50,000) 200,000 89,100 92,500 30,000 80,000 118,400 300,000 ( 300.000) 300 000 s .000 s Pu lie - ·. • • • Page Z Adopted and approved this __ day of , 1988. ATTEST: Susan Van Dyke, Mayor City Clerk I, Patricia H. Crow, City Clerk of the City of Englewood, Colorado, do hereby certify that the above and foregoing ts a true, accurate and COIIplete copy of Resolution No. __ , Series of 1988 . Patricia H. Crow • - C 0 U N C I L DATE March 24, 1988 • • • C 0 M M U N I C A T I 0 N AGENDA ITEM l SUBJECT License agreement between City and Public Service Company for extension of franchise Recommendation from the City Manager's Office to adopt ACTION PROPOSED ______________ _:_ _______ _ a Resolution authorizing a license agreement with Public Service Company to extend its current franchise until a vote can be held on the new fran chise . BACKGROUND City staff is currently negotiating a franchise with the Public Service Co.pany. The staff co..itt conducting th negotiations consists of Assistant City Attorney Nancy Reid, Publi c Work s Director ells Waggoner, Engln ering Services Director Den- s 1 Ragland , and City Manag r Andy Cown. On March 22, th c Itt and r pres ntatlves of Publ c Service Ca.pany agre d to he t r.s of a fran hlse ch will re -drafted and subal tted to both groups for approval. It s antlclpa d that fin 1 copie will be ava labl for Count 1 on Apr 1 4, 1988, and th 8111 for an Drdlnanc will be on the ag nda Apr 1 18, 1988 . Council has Info lly d1r t sla f to pr par for a Jun 21, 1988, 1 el ton date . CUitl STATUS l I RESOLUTION NO. ~ SERIES OF 1988 •' • • • A RESOLUTION APPROVING A LICENSE AGREEMENT WITH PUBLIC SERVICE COMPANY OF COLORADO TO EXTEND ITS FRANCHISE UNTIL SUCH TIME AS AN ELECTION FOR THE VOTE OF THE PEOPLE CAN BE HELD. WHEREAS, by People's Ordinance No. 1, Series of 1963, the City of Englewood granted a franchise to Public Service Company of Colorado for a period of twenty-five years; and WHEREAS, the franchise term expired March 12, 1988 and the City d esi res to extend the franchise agreement from that date unt il such time as the franchise issue can be voted upon by the qualified voters of the City of Englewood; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1 . The following License Agreement between the Ci y of Englewood and the Public Service Company of Colorado xtending the the franchise approved by People's Ordinance No. 1, S ries of 1963, from the expir tion on March 12, 1988 until such im as the ma er can be vo ed upon by the qualified voter s of the the City of Englewood i hereby approved: LICENSE AGREEMENT T lS mad and nter d nto by and 00, a Color do municip 1 corporation, PUBLIC SERVICE COMPANY OF h r ln r f rr d o as March, 1988. IT SS It • a ll inc:lud loy a, 9 n a nd C:Ol'\ -l - I • • • A. Operate a utility company within the City of Englewood from the date of the expiration of Licencee's franchise on March 12, 1988 until a special election is held in the City of Englewood for the registered voters of the City to decide whether or not to grant Licensee a franchise for another twenty-five years. B. All terms and conditions of the above mentioned franchise shall he the terms and conditions of this license and shall be in full force and effect until the decision of the voters. A copy of People's Ordinance No. 1, Series of 1963, is attached hereto and the terms thereof incorporated herein by reference. C. The requirements of Licensee under this license shall be in lieu of the requirements of Ordinance No. 35, Series of 1976. IN WITNESS WHEREOF, this instrument has been executed as of the day and year first above written. Att st: City Clerk ct1on 2. yo CITY OF ENGLEWOOD By-u~~---------------­May o r PUB LIC SERV I C C PANY OF CO LORA DO , Lie ns y---------------------- I . - l l • • • to sign and attest the above License Agreement for and on behalf of the City Council and the City of Englewood. ADOPTED AND APPROVED the 28th day of March, 1988. Mayor Attest: Patricia H. Crow, City Clerk I, Patricia H. Crow, City Clerk of the City of Englewood, Colorado, h reby c rtify the above and foregoing is a true copy of Resolution No. , Seri a of 1988. Patricia A. Crow • PliOPL&'I OIIOINANC:& ftO, I, 1&1111£1 OP' 11N AN OIIDINANCI!: OllANTINO A YUA"CUhh' U'( 'l'HK CITY Ol' EN· G l.ll;WO(JU, AUAI'AIIOt.: (;t ltJ ('\,j'J.'Y, CVI~tUUUO , TO ~UULIC Hii;l4VICII: L'O.IC'ANY Olf COLOIIADO. rr11 111 1';CV.at.OUM ANn AtUUONtt. TO • :f,~~;,1,T"-'\!UJ;gii~~·IIT"~f.f.\~~'6~ :1.:·~~r~~~N I~~.'/II:l:J~~t~~~~~~~;~~ ul' I•!NIILICWUOU. A 1'1.41'\T Oat t'WINTII, IIUIIIITATIONII. AND Wf JllKY. I"Oit TU..: l'lJIU.!liAHI ~. MANU .. ~J\C'fU UJ •;, UII:Nt;UATION , 'I'UAN .. )IID¥10N ANU UUi'rU.IlJ IJ. '1'1 11.~ (H•' &t:l.l(t •'J'UU."AL.-&s:NI CUUY A ~J1 f :Ati, t\l'l'll to:H f'I;A 'I'Uil.AI .. A H 'I'l .. 'U 'I AI . (JH MIX &::Il, AN U 'l'U .. 'UHNUi JI , tlt-;1.1. 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In order 10 t •rov h le fur the Al•i.UUY u l u• lhe t n r etfoln,; frAtu,:hltte Lfy 111 e (l l•a•ilu'•l '"'•llft)'IIIA; fol kl("f H III .. , lhf' C it y "" ;;;~··::• .::: ~~~·"c~~~~~~!,., o~ :;;~·;!~ e let·t lnn •• h '"'""" cAll "'' 11 1 l te heM uu .. nn.•h t~. 1K3 hutw c.-u the h ou r• o f l .nn A M •w .t T:uo 1• M . •• •hh·h ""''' t•)t C IUII' l llftY ¥Qit• UjHfl l 1 110 IIH<tlll l tort ut th.., ••t•Pr u v"l thorun r. tit•lHu u •· 8allot Title and u .. er ~~!!;:.~ ,~,·~~~'.~::·,:~•;:. w'l~:·~~:;,.~~. ::~ Mill u h••·llull a l~ll l.e~ •• l ulluw•: MI IAI.I . 1 '11J!; t !I 'J'\" 0 .. ' h:Nt H .t .;~ ~~~~t ,,',:~>~:"·~!hA~~h ~~~~;·:~:'t',v~ IC 'b: \.'11 N ... A N Y fJ.,. t;4 H ,f1U A IMI I N ,\1"\.'0it i'A Nt' ... : W l'l'll 'l "l tt•: "f't<!ICM S ANI> t :u N f)l 'l 'lttN:-t ~H:'I ' f•"tiH'III IN l ·'At;l l l 'l.to:ti til( Ill • NANt't·: Nu. I Hla:IU"-.'i U lf l~ttJ u .. • ttA IU C l 'l'YT ('•\luo a• a LUJ th• above urdlnMoiH.;• wa• ·~~rovW , ado~t.d ami ""hrW I'Ubll•h.d In Mid la-'al new•~PC!t ~Y lh• CHy CouucU Ml a r•M'lllar ru • .,ll n c hakl on th• tth dMy u( .. ~btU.M.tY , Uil . ._. a~-..a,~lu 'a Ot"-lnau""' No. I, Surl•• vt IIIU ut oald CILY . ATTIIi:aiT: D. 0 . DII:AUiiANO (liii:AL) CHy Cl•rk-1'r •a•wru r P•bHah"" In lhu ~~~luw~ l h •t ,,lrJ u u~ ll:nhr ra,~rl••'· )o'luo.l lofU.blh.:&IIOII )'•&.!. 7 , U-.J . I . ) r • • .. • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJECT March Zl, 1988 Travel Request for Training Chief Robert R. Holmes INITIATED BY ----------------------- Request approval for out -of -s tate training for Police ACT I ON PROPOSED, ___ _;_ _ _..:__:_ __________ ....:_ ____ _ Department Ar.orers at Colt Firearms Factory, April 6, 7, and 8 . BACKGROUND As a result of our purchase of the new .45 Colt CoMbat Elite seMiautomatic pistols , Colt Fireanas has offered to provide a three -day ar.orer school at their factory for our depart~ent 1n10rer. There will be no cost for this highly technical train ing, but we will have to provide the tr1vel 1nd expenses. We presently h1ve two dep1rt.ant 1n10rers, Officers Randy C1rson and Nona Wo od, who do the rep1ir 1nd ••inten1nce on all dep1rt.ant 1nd officer apons . Since they 1re alre1dy tr1ined 1n10rers, Colt feels th1t the thr e days of tr1tntng will be surf • cient to rep1lr lnd .. int1ln these n 1pons. Their trAining will be conduct d 1t the Colt f1ctory rep1lr facility In H•rtford, Conn cticut. The n 1pons art expected to 1rrfve during th first e In Apr fl with officer training scheduled fr011 April S-10 . It will utr ly ben ftc 11 forth •r- .ar rs to receive this fActory tra ntng IS soon as poss bl so that appropria t pr • training Inspections can bt d , pro r .. tn t nanc taug o th offlc rs, and n cessary exa fnatlon, r pairs, and adjust nts rfon.ed during o ftc r training. The training of officers Is scheduled to n April 18 . I . -• • • ( r "INAHCIAL CONSIDERATIONS The anticipated costs are as follows: Round trip airfare, super-saver non-refundable rate $238 x 2 officers $476 Rental car for five days at $35 (This will provide ground transportation from airport to hotel, hotel to factory and back, plus return to airport) Hotel (share one roo.) $175 S58 x 5 nights $290 Per die. $30 x 5 days x 2 officers $300 Total $1241 If only one officer is sent, the city will save only $388 as the room and rental car will r..a1n the sa.e. To reduce overti .. so that work on weapons can be acca.- plished on duty, having two trained ar.orers is .uch .are cost effective. There is sufficient .aney in our technical training budget to provide this training. I, U:IAL. OPI.IOII None requested. COIICLUSI-_, HCCIIIIDiaATI- It Is r ca..endtd that City Council approv sending t police depart .. nt ar.orers to th Colt ftrear.s Factory In Hartford, Connecticut, April 5·10, 1988 . 1. • • • t.tt'~~ C 0 U N C I L C 0 M M U N I C A T I 0 N DATE March 15, 1988 AGENDA ITEM r Expenditure of Malley SUBJECT Center Trust Fund Monies for Construction of Entry Malley Center Trust Fund Board of Trustees INITIATED BY Approval of expenditure of $2,754 from the Malley ACTION PROPOSED------------------------------------------------ Center Trust Fund to construct entry at South entrance to Malley Center . lACK &ROUND C r -• • • ~»--' C 0 U N C ~ C 0 M M U N 1 C A T 1 0 N DATE SUBJECT Marc h 15 , 1988 Malley Center Trust Fund Tru stee s 1 N 1 T 1 ATED BY __ P_ar_k_s_a_n_d_R_e_c_re_a_t_i _on_Oe_p_a_r_t~ne_n_t ___________ _ ACT 1 ON PRO PO SEO ___ AP_P_o_i n_t_me_n_t_o_f _c_o_un_c_l_l _Melllbe __ r_to_s_e_rv_e_u_T_r_us_t_e_e --- of the Ma lley Center Trust Fund BACKGROUtll Ordinance No . 28 S rles o 1981 stabllshed t h "Malley Center Trus Fund" for he ben f of he Engl wood S nlor Cttlz ns R cre allonal Cen t r adding an w subsec ion to Title Xlll, Chap er S, of th '69 Engl od Municip al Code . Trus ees w r appotn t d as foll s : 1. One rust e to be appo nt I n office. 2. On rus Par s and 3. t h C t y Counc o hall s r e dur ng nur I • • • .. DATE AGENDA ITEM SUBJECT March 24, 1988 1 Golf Course Concession Contract INITIATED BY ____ P_a_r_ks __ a_nd __ R_e_cr_e_a_t_io_n __ De_p_a_r_tm_e_n_t ______________________ __ ACTION PROPOSED ______ A_P_P_ro_v_e __ th_e __ G_ol_f __ co_u_r_s_e _c_o_nc_e_s_s_io_n __ L_ea_s_e_a_n_d __ Ag_r_e_em_e_n_t __ BACKGROUND Th present concessionaire, Mur -J ams Corporation, wa s selected two years ago through written proposals and a City committee Interview to run restaurant , bar and grill operation at the Englewood Mun icipal Golf Course. The pre sent contractor has perfon~ed satisfactorily and .ast complaints of service or operations were corrected upon first notice . Th n w lease and Agr nt d iffers frOM the first In that it defines specific hours of operation, is basically a five y ar con tract with options for thre e y ar renewals, changes the eras for rent due the City, clarifies janitorial r sponslblli Its and r sponslblllty for quipment r pairs. Terms in th n w l ase and Agr n also r quire th City to provld b tt r physical security for h concession op ra ion and provides for joint funding for slgnag . T plr s April 30, 19 . . to 10 :00 10:00 p .•. I • • The changes in the new attached agreement that are not agreeable to the Concessionaire are: Se ction 9. Hours of Operation. a. The Concessionaires feel they should have the option to close during bad weather with approval of the Golf Course Manager. Hours of operation as requested to have the facility serve as a restaurant during the non -golfing season are unreasonable. They have tried this schedule in the past and patronage has been very low. They also feel that to open the restaurant at 6:00 a.•. during the golfing season will not increase the breakfast trade. This comment is supported by previous attempts to increase breakfast trade by early openings. Hours of operation in the previous contract were 7 a.m . -10 p.m. from April 1 through September 30; and 9 a .•. to 5 p.m. from October 1 through Mar ch 31 . The attached contract requires hours of operation to be 6 a.m. to 10 p.m. from April 1 through September 30, and 9 a.m . to 10 p.m. from October 1 through March 31 . Section 8. Menu. a. Concessionaire feels they should be able to deter.ine what food they wish to offer and pric i ng should be their business. They do acknowledge the fact that pricing cannot be unreasonable. Section 1. State.ent of Intent . a. The Concessionaire has doubts that the facility will ev r be a full service restaurant. They are willing to try; h ver, they f l the approach is to build th e trad rather than be forced to op n with no business. FINANCIAL Und r t r.s of th agr nt, th City shall r ctlv $2,000 nthly as 1 r n al forth r staurant, bar and grill . Th City shall also r ce e lOl of gross sal s n excess of $240,000 per cal nd r y ar . I . -• • • LEASE AND AGREEMENT THIS LEASE AND AGREEMENT, hereinafter called "lease", made and entered into this 1st day of May, 1988, by and between the CITY OF ENGLEWOOD, a Colorado Municipal Corporation, hereinafter referred to as "City", and MUR -JAMS CORPORATION, a Colorado Corporation, hereinafter referred to as "Concessionaire"; WITNESSETH : WHEREAS , the City owns that certain real property which is known as the Englewood Municipal Golf Course, hereinafter called "Golf Course", and located in the City of Sheridan; and WHEREAS, the City and the Concessionaire desire to enter into a Lease Agree.ent to replace and supercede that certain lease which is due to expire on May 1, 1988; NOW THEREFORE, for and in consid ratton of the .utual covenan s her tnafter app aring and of th pa nt of th -antes retnaft r set forth , th parties h r o agree a foll LUi on.J..:._g a t ,..,:.=..:.:..~ Th purpos of t Is leas a s to t tn 0 t1 nt s pro sn ac b r, gr11l nd ar llty 11 tc l I y lc cl I" . l . I -• • • hereon, located at 2101 West Oxford Avenue, Sheridan, Colorado, together with the old club house located approximately 500 yards West on the Golf Course, and the premises comprising the Golf Course (hereinafter called "Premises") for the purposes of locating vending machines to be used in the purveyance of food, snacks or soft drinks, and Concessionaire hereby leases from the City the Premises and improvements therein. To the extent that the same may be authorized by the Colorado liquor Code (C.R.S. Section 12-47 -101, et seq.) and permitted by the class of liquor license which Concessionaire has secured fro m the state and local licensing authorities pursuant to Section 18 below, the City hereby grants to Concessionaire the right of possession of the Golf Course for the purpose of serving food and/or beverages, including alcoholic beverages, for consumption on the Golf Course. Howev er, noth ing in this lease shall be construed to authorize that which is prohibited under state or local law, ordinance, code or regulation. See attached Exhibit A. Section 3 . Description of Pre.ises . The Pr tses as referr d to h rein Is d fined to be the food service portion of the land &nd lmprov nts which is owned by th City of Engl wood, Colorado and n as he Engl o Municipal Gol Course xce t for th&t l&nd 1t th South st corner of th prop rty und r le&s to &noth r p&rty for op r&tion of a •lnl&tur golf cours , and that 1 nd 1t th South st corn r of h prop rty ld othlng r '" glv s ny r n on of , Pro 1, I r c ll I . -• • • "initial Lease term"), and ending on December 31, 1992, unless the term of the Lease is continued or terminated as hereinafter provided. Section 5. Option for Additional Term. O ~ -i'v0 ~- Concessionaire may extend this agreemen~forA additioina~three year terms, provided however, that the City shall have the right to increase the monthly rental or percent of gross sales or both based on the Consumer Price Index or the average annual gross revenues of Concessionaire for initial Lease term . Concessionaire shall notify the City of intent to continue the agreement for additioinal terms in wr iting no less than sixty (60) days prior to expiration date of the current agreement and the City shall notify the Concessionaire in writing of any increase in rental or percent of gross sales no later than fifteen (15) days after receiving wr itten intent from Concessionaire to extend this agreement for an additional tena. Failure by the City and Concessionaire to •utually agree to the amount of rental and/or percentage of gross Increase thirty (30) days prior to the expiration of the dat of the current agree~nt shall constitute cause for te~lnatlon of lease as prov l d d for In Section 27 contained her ln . S c t l on 6 . Use of the Pr i s es. Th leas Pr Is s ha l l alco otic Color r C , C.R. c us d by Concessiona i r e for th purvey i ng of 11 y author ztd by and r gula td und r th c t on 12·47 -10 1, t s q ., th l • nn r . It o ra to s In a o n 1 . s all b l d I . • • • ordinances and regulations that apply to the use of the Leased Premises for the operat i on of a restaurant and the purveying of alcoholic beverages. Section 7. Exclusive Right to Use Premises . City hereby grants to Concessionaire the exclusive r i ght to use the Lea sed Premises to operate a restaurant and to purvey alcoholic beverage s. Ci ty al so agrees that it will not lea se, own or operate any other restaurant or f acil ity that dispenses alcoholic beverage s on leased prem i ses . Commen ci ng Hay 1, 1988, City shall not operate any vending mach i ne at the club hou se or on t he premise s that dispense s food , s nac ks or beverag es wi tho ut th e ex press appr oval of Con ces s ionaire . Sec t ion 8 . Menu . The Concessi ona i r e shall provide an attracti ve menu for breakfast, lunch, and evening -.als lis t i ng .. al ite.s, beverages available and current pricing . Menus, pr ici ng and chan ges to .. nus or pricing of -.nu items shall be revl wed and ap pro ved by th e Director of Parks and R cr ation. Section 9. Hours of ration. a) Fro. April 1st through S pt r 30th of each year, th Concesslonair shall operate th e restauran fac lfty s v n (7) days p r 110n h shall be op n each day to erv als to th publt c at th hour o~ .. ..,. a .•. nd r In open un 11 at 1 10 ;00 P·•· ) Our ng lh Oc o r, Cone ionafr hall rat nd dur nt th s t u of t :OO •·•· p .a , e) 1t r . ' . • -• • • licensing allowing bar operation past 8:00 p.m. on Sundays. Nothing herein shall be construed as prohibiting the Concessionaire from being open for other hours in addition to those stated in paragraphs a and b above. d) Concessionaire agrees to cooperate with the Golf Pro and Golf Course Manager in scheduling golf meetings and events that involve use of the grill and dining room. In the event of any disagreement, the matter shall be referred to the Director of Parks and Recreation for final decision. Section 10 . Rent. a) Concessionaire shall pay rent to the City in the amount of $2,000 per month payable in advance on the first day of each month or on the first Monday of each 110nth if the first day falls on Saturday or Sunday. A penalty fee of $10 .00 per day or part thereof shall be charged for each day or part thereof that the rent is past due, until 12:00 •idnlght on the 14th day past due. If the rent pay.ent is not received by •idnlght on the 14th day past due, the Concessionaire shall be in violation of the terms of this AgreeMent , and subject to termination. b) In addition to the monthly rental of S2,000 per 110nth, c nclng on May 1, 1988, the Concessionaire shall pay an a.110unt equal to lOS of all gross sales In excess of S240 ,000 per cal ndar year, payable on or btfor February 1st of tach y ar. Gross sales shall In lud any r venue d rived fra. catering services origlnat ng froa th rest uran , on nd after MJy 1, I 88 . c) or 1'1)0 ly. t oll lng s 11 ros (a) all salts th coll cted unt o any r und or cr y or a 1 h d C IIC sl For pul'l)O 0 l l -• • ,. • and except as provided above, "gross sales" shall mean (a) the gross amount received by concessionaire from all sales made on the Leased Premises, including sales made from vending machines owned, leased or operated by Concessionaire; and (b) all charges rendered by Concessionaire for services, on the Leased Premises, incuding services performed on or within the Golf Course; and (c) the gross amount received by Concessionaire from any other source of inco.e derived from the business conducted on the Leased Premises . Along with the percentage payment, Concessionaire shall send to City a statement which shall set forth the gross sales for the year and the authorized deductions, if any, therefrom. Section 11 . Utilities. City shall provide all utility costs for operation with the exception of restaurant telephone. Section 12. Janitorial Service and Trash Re.oval. Concessionaire agrees to pay to th City one-half (1/2) of the cost of trash r val and janitorial s rvlce within 15 days of billing fr th C ty . a) Th djac nt to th Restaurant cone slon (h r lnaft r call r ctltty•) shall be o n or use by rs; s c ,.. of u 0 th said p r • lu . Cl y hr r rv or b 11 tc 11 • I -• • • Sectio n 14. Signs. The City and the Concessionaire shall share equally in the cost of installation of a sign or signs at a location(s) and containing language that is mutually agreeable. The City shall thereafter assume the obligation to maintain said sign(s) in good condition and pay all cost of any maintenance. Section 15. Physical Facility and Equipment. City agrees to provide space, fixtures, equipment and furniture for an equipped kitchen, bar, lounge area, grill, snack bar and two dining/meeting rooms . Concessionaire agrees not to move existing partitions or planters separating dining area and lounge without perm ission of the Director of Park s and Recreation . Section 16 . Additional Facilities and EquipMent. Concessionaire shall have the right to install 1dditional facilities 1nd equipment with the consent of the Director of Parks and Recreation . Cost for s1.a sh1ll be negoti1ble bet en the parties. S ction 17. Ma intena nce R a) Th City shall be respons ble for th cost of aaintenance, r pairs and r plac nt of th stov and ov n, d p fat fry r, stn , cabinets, dishwasher fr ezer, wal ·fn cooler, cost is du o negli Co cesston b) Th C of 1 lb , urn ro d t in " 1 t L ion, nd s11ac b1r cooler unless such by Collctsstonafr or loy of tbl or r rs or r pl nt lhn o • 1 • I • • • • Section 18. Security. City is to provide to Concessionaire expandable security doors to the entrance from the main hallway of the club house into the restaurant concession, to be placed in closed position and locked by Concessionaire at any time that the restaurant concession is not in use by Concessionaire. Concessionaire will then be responsible for the obtaining of theft insurance covering all food, liquor, and other supplies and personal property of Concessionaire, in an amount and with a company approved by the Director of Parks and Recreation of the City. Such policies shall contain no right of subrogation against City . Section 19 . Personnel . Concessionaire shall at its own expense e.ploy such qualified personnel as may be necessary for the concession operation and shall require all personnel to be clean, polite , and courteous In their transactions with the public. Concessionaire shall give personal supervision and direction to the operation of the concession and, when absent, keep co.petent personnel in charge . City shall not be responsible for the wages or salaries of any e.ployee or representative of Concessionaire , nor for any debt s, liabilities or other obligation s of Concessionaire. Section ZO . Licenses and P nalts . a) Concession aire shall at Its and p nalts that y n cessary o exp ns s cur any and all 1 c nses orlze Cone ssfonatr to op ra e 1 r staurant to 11 or oth rwtse dis ns consu.ptton on th leased Pr Is s nd C lf Cours . of any nd for b) Cone s tonalre sh 11 not any oth r p r on or entfty wtthou t r and wfn lfc n to xpr s wr ft n p na sslon or th C ty . • • • I - • • • • Section 21. Compliance with State and City Health Codes. Concessionaire shall keep all concession areas in a clean and sanitary condition at all times and shall comply with all state and city health laws relating to the dispensing of food and beverages. Section 22. Assigning or Subletting . Concessionaire shall have no right, authority or power to sell , mortgage or assign this contract or to allow concessions, or any part thereof, to be used for any other purpose whatsoever without the prior written consent of the City. Ci ty shall not, however, unreasonably, wi thhold I t s con sent . Section 23 . Performance Bond . Con ces sionaire agree s to furnish to Ci ty a cash bond i n t he amou nt of Five Thousand Dollars ($5 ,000 .00) guarante e ing fa i thful perforMan ce by Conce s s i ona i r e of all terMs, covenants , and cond i t i ons her ei n conta i ned and ca.pl1ance with applicable City ord i nances . Sa i d bond shall be furn ished a s of th e dat e of exec ution of th is contrac t . Sec tion 24 . In suran ce. Co ncessionai r e s ha ll at Con cession a i r e's own exp nse ke p In fu l l f or ce and f f ct duri ng th t en~ of th is le ase sta tutory Wor n's Co.pe ns at lon coverag , as 11 as other lns uranc as f oll s: a) Co.preh nslve G n ral liability Jnsuranc , n fng th City as n df on 1 n nsur d, th •In n lt• to ltabll ty nsuranc uoo,ooo . b) liquor l al l abtlt yIn urane , tt n ou SSOO,OOO for InJury 01 d a of ny ron; Sl,OOO,OOO for fnJurt or d ath occurring a a rt ul o cld nt; SSO,OOO or prop r J d ; nd SSOO,OOO or . ' . I • • • • A certificate evidencing said insurance policy shall be kept on file with the City Clerk of City and shall have a provision that the same shall not be altered, amended, or cancelled without first giving written notification thereof to the City thirty days prior thereto. Concessionaire further agrees to indemnify City for any claims brought against City because or on account of Concessionaire's operation. c) Fire and Extended Coverage Insurance shall be provided by City on the club house building, and extended buildings included in Premises, only. Concessionaire shall be solely responsible for securing and paying for insurance coverage on those improvements and contents belonging to Concessionaire located in or on the leased Premises. Concessionaire hereby expressly waives any cause of action or right of recovery which Concessionair e may hereafter have against City for any loss or damage to leased Premises or to any contents or i~rove.ents thereto belonging to either party, caused by fire or explosion. Section 25 . Fire or Natural Disasters . In the event fire or natural disaster rend rs the club house and its concession facilities Inoperable, th Cone sslonairt shall bt r leased froM the t n~s of co.pensatlon to be paid th City until such tl as th club house and its concession facilftfts are Otclartd o n and op rablt by th City. If In the event such concession f 11 no op n and op rable wfthln a rtod o on hundred t n y (120) o uch dfsa t r, Cone slonatr ha th rt w h th City as p r S elton 27, nd r ord ll • J to t and le h r n. A I . - • • • • all times that Concessionaire is open for business, Concessionaire shall have books, records and accounts, including all sales tax reports that Concessionaire furnishes to any government or governmental agency available and open for inspection upon request of City or City's auditor or authorized representative. Section 27. Termination of lease. a) The City may terminate this lease upon thirty (30) days written notice due to breach or violation of any terms, covenants or conditions of this lease by Concessionaire . b) Concessiona ire may terminate this lease prior to expirat i on without penalty upon sixty (60) days written notice to the City by registered mail. c) The part ies agree that legitimate complaints concerning unsatisfactory operation or service shall be sufficient rea son for termination of this lease provided that the City finds, after investigation, that the service or operation is not satisfactory to the City and the co.plaints are justified. The City shall pra.ptly notify the Concessionaire of all legitiaate co-plaints and give reasonable tl for the Concessionaire to r dy the situation. S c ton 28. Dellv r nat nation. Concesslonafr will d llv r th pr Is s at th t nalnatton of this lease In IS good conditio r ttd c p rty v 1 d 1 n or d r r e o r p fr s ft Sl • Jl • n r ctlv d, xc p for ordinary s or r ontl t t t to ny 0 th t Ill I • • • • IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the l >t day of May, 1988. CITY OF ENGLEWOOD a Municipal Corporation By TA-ndry-=Mc~C~~---.~C~it~y-=M-an_a_g-er ____ ___ By 'Le~o~n~Ku,h-n-,~o~irr-ec~t~o-r-o~fr-------- Parks and Recreation . ll . MUR-JAMS CORPORATION Concessionaire By=-~~~~~~~r-~T-~-Muriel B. Holbrook, President By "'"J-=ue---s....,G".--..H~o l"b~r-oo.,kc-,-...Se:-c-r~e"'""ta:-r-y--- I . • • • .tiVGL.£WOOL)_ MONIC/PAG. c;t!JLF C()OIZ~~ ('t~H/B/r ~I) 0 - . 1 • • • RESOLUTION NO. ~ SERIES OF 1988 A RESOLUTION RATIFYING APPOINTMENTS TO THE BOARD OF DIRECTORS FOR THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY AND RATIFYING THEIR TERMS OF OFFICE • WHEREAS, by Ordinance No. 16, Series of 1978, City Council of the City of Englewood, Colorado, determined to establish a Downtown Development Authority in the City of Englewood; and WHEREAS, pursuant to said Ordinance, a special election was held in the City of Englewood on Tuesday, September 19, 1978, that pursuant to C.R.S. Title 31, Art icle 25, Sections 805 and 806, the affairs of the Author ity would be under the direct supervision and control of a Board of Directors consisting of not less than five nor more than eleven members appointed by the City Council of the City of Englewood; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. The following persons, being duly qualified to serve as members of the Board of Directors of the Englewood Downtown Development Authority, are hereby appointed to serve out the following terms of office: Name Dan Gr n Vacant Barry P. Col man Pr d Hale Nick Hilger Rita Hath vay, Council M .0 r William P ndl on Rick Boaelli Wal TOIIOOk Expiration of Term of Office 6/30/90 6/30/90 6/30/89 6/30/88 6/30/8R Tenure 6/30/89 6/30/91 6/30/91 ADO T D 0 APPRO D h 28 h d y o H rch, l A yor • • - • • c~Lc ( ~ · ·/-( t/ Ytu1. &~ ./ ~ --~ /{ t'---C r ' .r -t; .:-::7 -Cl/ uhy-- .1 -( ( ( d J-< /Ia ;-t dlt,;J. ./ AGENDA ITEJI ----PIESEIITED IY ------- ) A ~c.e ctte (I /); {.(~ yfc}, 7 }! rc l ~ , ( .£ ~ . ~r t t .... t I 0 - • 1101'1 I -------------------- • I . • - • '. • AGENDA ITEM .$ ('l_ PIESDITED IY • I . • - • • AGENDA ITEM ~ ')A I'IESEJITED IY • • I . • • • AGENDA ITEJI ,.j-C PIESDITED IY • I . • • - • • PI£SmtD IY '-t . /)L< 7L<<-:( < :7 • • • • • AGENDA ITEM t&-PIESDn'ED IY ,-C/)'L A ({~tl- 3C:J6 J -0o \..?n t:t -?'7 s >l ~ /y -c:.. <- - • • • • • /Cl-t~t.ft1-· r' J~ , __ .)_-c'_.., ;J a~ d ~--t-lh--'J ~-(. YY2--?71.~ L r-7 c......,. 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