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HomeMy WebLinkAbout1988-05-02 (Regular) Meeting Agenda• • • 0 Englewood City Council Regular Meeting 5/2/88 . /1 t.r <;-' . t'.-(' , • c: '- / ..... ~.( II • d ~ t"' • • • / y .: 0 / / ,1 ,..;-" {l,l_# ~· ,.c. .. 0 0 / :/ ~ • 1. Call to Order • • • DI&LEIIOOO CITY COUNCIL DI&LEWOOO, ARAPAHOE CCUfTY, COLORADO R ular Session Ray 2, 1118 The regular ~eting of the Englewood City Council was called to order by Mayor Van Dyke at 7:34 P·•· 2. Invocation The invocation was given by Council ~r Koltay. 3 . Pledge of Alle,lance Th Pledge of Allegiance was led by Mayor Van Dyke . 4 . Roll Call Present: Council Me.bers Hathaway, Koltay, Kozacek, Bilo , Habenicht, Clayton, Van Dyke Absent : None A quoru. wa s present . Also present : City Manager McCown City Attorftty O.Wftt Assistant City Nanager Vargas City Cler Crow Actlftg Director ROllins, C n ty Oevtlo n Director uhn, Par s and R cr atton IL Of ANIL 11, l ol t , H th , V n Oy stC:GMI)(D, TO AP - oz 8 lo. I • • • EngleWOOd City Council Minutes May 2, 1988 -Page 2 7. Non-scheduled Visitors There were no non -scheduled visitors. 8 . C~nications and Procla.atlons (~) COUNCIL MEMBER CLAYTON MOVm, COUNCIL MEMBER KOZACEIC SEC()fi)ED, TO DECLARE APRIL 30, 1988 AS lUDDY POPPY DAY. Ayes : Council MeMbers Kolt~y. H~th~w~y . Koz~cek , Bilo , N1ys : H~benicht , Cl~yton, Y~n Dyke None Abshin : None Ab sen t: Mo tion c ~rr i ed . Non e (b) COUNCIL fOlD HATIWIAY NOVm, COUNCIL fDIER KOZACEIC SEC()fi)ED, TO DECLARE THE W:EIC OF MY Z -8, 1988 AS PUBLIC SERVICE RECO&NITION IIEEK. Ayes: Coun ci l Me.be r s Kolt1y , H~th1w1 y, Ko z~c ek , Bilo, N1ys: H1 be nic ht , Cl 1yto n, Y1n Dyke None Ab stain: None Absent : Motion c1rried. None 9 . Consent Agenda CCIUIICJL IEieO HATHAIMY IIIDVED, CCIUIICIL IEieO HAIDIICHT SlCCII)O, TO AC CE PT COIISOfT MDmA ITEJIS t (a) l1llOUal (t) -TO APPIOV£ CC*SOIT MaltA ITDtS 9 (f) TH10U1M (1). {1) (b) (c) (d) ( ) ( ) Minutes of the Parks and R~reatlon Co..isston ttng of M1rch 10, 1988 . Minutes of the Planning and Zoning Co..fsslon t1ng of Apr fl S, 1988 . Minute s of t Public llbr1ry Advisory Bo1rd ting of April 12 , 1988. Tran tttal o replies to P1vtng District . 3Z ssess nt pro st let r . 0 n nc • 11, o I , In t roduc r o 1· t nt tl 0 I . - Englewood City Council Minutes May 2, 1988 -Page 3 • • • AN ORDINANCE VACATING A PORTION OF THE RIGHT -OF -WAY IN THE 3500 BLOCK OF SOUTH JASON STREET, IN THE CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO. (g) Ordin1nce No. 13, Series of 1988, introduced by Council Member Koz1cek, entitled: AN ORDINANCE AMENDING TITLE 2, CHAPTER 4, SECTION 2, ENGLEWOOD MUNICIPAL CODE 1985 REGARDING PARKS AND RECREATION COMMISSION. (h) Ordin1nce No. 14, Series of 1988, introduced by Council Membe r KOZICek, entitled: AN ORDINANCE RELATING TO THE OPERATION OF A GAS AND ELECTRIC SYSTEM WITHIN THE CITY OF ENGLEWOOD AND SUBMITTING TO THE QUALIFIED ELEC- TORS OF THE CITY OF ENGLEWOOD THE QU[STION OF WHETHER THE CITY OF ENGLEWOOD SHOULD GRANT A FRANCHISE TO PUBLIC SERVICE COMPANY OF COLORADO, ITS SUCCESSORS, TRANSFEREES, AND ASSIGNS, TO ERECT , CON - STRUCT, OPERATE AND MAINTAIN IN, UPON, ALONG, ACROSS, ABOVE , OV ER AND UNDER THE STREETS, ROADS, HIGHWAYS , AVENUES, ALLEYS , VIADU CTS, BRIDGES, SIDEWALKS, PUBLIC UTILITIES AND OTHER PUBLIC EASEMENT S, PUBLIC WAYS AND OTHER PUBLIC PLACES , DEDICATIONS AND RESERVATION S IN THE CITY OF ENGLEWOOD, BOTH NOW IN EXISTENCE AND AS HAY BE CRE- ATED OR ESTABLISHED DURING THE TERM OF THIS FRANCHISE , ANY FACI LI - TIES REQUIRED FOR THE TRANSMISSION , DISTRIBUTION, ANO SALE OF GA S AND ELECTRICITY WITHIN THE CITY OF ENGLEWOOD; FIXING THE TERMS AND CONDITIONS THEREOF; PROVIDING FOR THE CALLING ANO HOLDING OF A SPE- CIAL ELECTION UPON SAID QUESTION, THE DETERMINING OF TH E RESULTS THEREOF , AND FOR THE EXECUTION AND DELIVERY Of SAID FRANCHI SE AC · CORDING TO ITS PROPOSED TERMS, IF THE RESULT OF SUCH VOTE OF TH QUALIFIED ELECTORS AT SUCH ELECTION SHALL BE IN THE AFFI~T IY E FOR THE GRANTING OF SAID FRANCHISE. (i) Ordinance No . 15 , Ser i e s of 1988 , t n roductd by Cou nctt r Clayton , entttltd : AN ORD INANC E AMEND! TITLE 4 , CHAPTER 3, SECTI ON 9, "MA LLEY CENT£ TRUST FUND," E LEWOOD MUNI CIPAl COO 191 5, RELATI TO TRU TE S. olt y, Ol lo, r Cl ayton I Englewood City Council Minutes May 2, 1988 -Page 4 Motion carried. 10. Public Hearing • • • (a) Mayor Van Dyke announced that the purpose of the public hearing was to consider an ordinance on final reading a.ending Title 16, Chapter 4 , Sec - tion 18 of the Co.prehensive Zoning Ordinance pertaining to landscaping. COUNCIL MOllER KOZACEit IIOVm, COUNCIL MO.Eit CLAYTON SECOII)m, TO OPEN THE PUBLIC HEAitlllli. Ayes: Council MeMbers Koltay, Hathaway, Kozacek , Habenicht, Clayton, Van Dyke Nays: None Abstain: None Absent: None Mayor Van Dyke declared the MOtion carried and the public hearing open. Bilo, Acting Director Ro.ans, being duly sworn, presented testiMOny relative to the landscape Ordinance which was adopted by Ordinance No. 2, Series of 1984, as a result of the Goals and Courses of Action in the 1979 Co.prehensive Plan. She explained that during the past two or three years certain glitches had been revealed and that so.e of the sections were not easily interpreted; therefore, the Planning Co..ission had reviewed this chapter of the Code. She enu.erated the various probl•s which the Planning Co..isslon had reviewed. A public hearing before the Co..ission was held on April 21, 1987, and a.end.ents were su~ltted to the City Council; however, It was Council's decision at that ti.e to refer the .. nct.nts back to the Planning Co..ission based on concerns whIch r expressed by the Goven.enta 1 AffaIrs lIaison Co.. I ttH of the Greater Engle.ood Chlllber of Co..erce. The Co..hslon and the co..ltt e r · viewed those concerns and arrived at a joint concur~• as to nd.ents to the landscape Ordinance . Those -ndlltnts are reflec:ted in proposed Council 8111 No . 11. Ms . Ra.ans explained the logic behind the _....nts . Sh pr s - enttd Council with a 1 tst of -onfes which h~ been deposited Into th land - scape and Fine Arts Account total tng U,tl4 .47 . S expla ned the fort~~~la utilized to arrive at these deposits and she explained the fon.ula as con - tained In th proposed ordinance. Ms . Roaans responded to questions of Coun - cil concerning th landscape and Fine Arts Account and t pos b lity of al · 1 lft9 n y required under this section of th ordtna to n on utI c ton of th front of t structure n 1 nd c t no pos · sfbl T • n pU1 o roc nd bark, n<1 h t polyclo und rl y n 1 n<lsc p 119 with roc nd/or bar a d s 11 th •In tze of land captng toe . KOZAC KO-ED. TO CLO TH Ay 1 • I . Englewood City Council Minutes May Z, 1988 -Page 5 Abstain: None Absent: None • • • "ayor Van Dyke declared the .ation carried and the public hearing closed. COUNCIL BILL NO. 11, SERIES OF 1988, INTRODUCED BY COUNCIL "E"BER BILO WAS READ BY TITLE: AN ORDINANCE AMENOING TITLE 16, CHAPTER 4, SECTION 18: LANDSCAPE ORDINANCE , ENGLEWOOD MUNICIPAL CODE 1985. COUIICJL .,_. IILO ROVED, COUIICIL .,_. MIDIJCHT SECCII)£0, FOR PASSA&E OF COUIICIL IILL 10. 11. "r. Bilo stated the intent of Council Bill No . 11 is to clirify and update the Landsupe Ordinance in order to create an attractive enviro~ntal at.asphere for the constituency, business owners and visitors to the City of Englewood. COUIICJL .,_. lOZACEl ROVED TO _,., COUIICJL llll 10. 11 l£LATIYE TO MINUUI LNI»SCAPJ. l£QUIIDDTS (111-4-11 C. 1. c. (4) lOCI Ml) ST-) IY CIWI&IN6 THE IIINIIUI DEPTH FOR lOCI IEDS FlOII 3• TO z•a Ml) MTHO TO ADD A NEW SU8- PARMUPH (5) l£QUJII. THE USE Of POLYCLOTH (lOT PLASTIC) AS All tJI)EILAY. The .alton, which did not receive a second, wu discussed in depth. Th •rtts of polycloth as opposed to plastic were presented by Council ,._.r Kozacek and were conftnlld by Director Kuhn, Parks and Recreation Oepart•nt . A generic n._ for polycloth wu discussed . City Attomey DeWitt suggested .are research on the 111tter and offered to work with Mr . Kuhn to provide th proper wordi"9 for the ._ndllents bei"9 suggested. COUIICIL ..,_. IILO IIIMD, COUIICJL ._. UZMEl SIC:.O, TO TML£ THE ..,....,$. Ay s : Council ..._.rs Hath-.y, ICozac k, lllo, Clayton Nays : Council "'-bars Koltay, Habenicht. Van Oy Abstain: Abstftt: t on carr ed and ts tabled . Council r 8 1 o call for t stton . - Englewood City Council Minutes May 2, 1988 -Page 6 • • - 3) §16 -4-18 C. 1. c. (1) -delete the deciduous tree requirement. Council Me~r Clayton was willing to offer the amendments individually or as one a~ndMent. As the a.endments had not been offered in motion form, Mayor Van Dyke suggested tabling the Council Bill and to direct the City Attorney to revise the proposed ordinance for consideration at the next Council meeting. COUNCIL MEMER CLAYTON MOVm, COUNCIL MEMBER KOZACEK SECONDED, TO TABLE COUN-CIL IILL NO. II. Council "--ber Bilo called for a point of order, stating he had called for the question previous to Council Me.ber Clayton offering amendments . The matter was taken under adviset~ent by the City Attorney, who stated that since the Mayor had recognized Council Me.ber Clayton, she had essentially overruled the call for the question . Vote results on the .ation to table: Ayes: Council Me.bers Koltay, Hathaway , Kozacek, Habenicht , Clayton, Van Dyke Nay s: Council ~r Bilo Abstain: None Absent: None Motion carried. It wa s suggested that this .. tter be presented to the Planning and Zoning Com - •hsion and to The Greater Englewood Chlllber of Ca.erce for their Input . Council "'-bar Clayton stated that In the future he would prefer that Council have an opportunity to provide input Into proposed ordinances before they are to be considered by the Planning and Zoning Co.hsion at 1 public hearing . 11 . ON t ntnces, leso 1 ut tons and llot tons (a) A rec ndatlon fro. the BI ·City Wast ater Treat .. nt Plant Sup r - v sory Ca.-itt to adopt 1 bfll for an ordfnance authorizfng a Jofnt Fund i ng Agr nt with the U. S. Geolog i cal Survey wa s considered . . 16 , INTRODUCED BY COUNCI L MENSER OZA CE , AS R AD BY TillE: Y S(tiiJIIMa», cotllt ll II L L I -• • .. • Englewood C1ty Council Minutes May 2, 1988 -Page 7 Vote results: Ayes: Nays: Abstain: Absent: Motion carried. Council ~rs Koltay, Hathaway, Kozacek, Bilo, Habenicht, Clayton, Van Dyke None None None (b) A reco.endation fr011 the City Manager to adopt a resolution ap - propriating funds for the Urban Renewal Authority was considered. RESOLUTION NO. Zl SERIES OF 1988 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUNO. IIAYOI VM DYI£ IIDVED, CCUI:Il IIEIIIO lOZACEl SECCIIKD, TO APPROVE RESOLUTION II), 21, SOilS Of 1-. City Manager McCown explained the need of the Urban Renewal Authority for ad - ditional .antes. He reca..ended two sources of funds to .. et their needs : 1) S7Z,OOO fi"OII the PIF fund balance and Z) $98,000 fi"OII escrow .antes. Council "--ber Habenicht stated her opposition to the use of the escrow .antes. Coun - cil Me.ber Kozacek stated his concern about the appropriation of .anies from the various funds; however, he stated he would support the adoption of the resolution. Mayor Van Dyke expressed her confidence in staff's .. nag nt of the funds. Mr . McCown conft...ct that the .antes would be considered a loan and would be added to the $771,000 110te covered by the Subordinate Debt Agr - lltftt . The 11ontes will be t.,t in the Public IIIIProv-.nt Fund and dra upon as nee ssary by the Urban lteMwal Authortty . Vote results : Ayes: Nays : COUftCil rs loltay, Hathawa~. Kozacek, Btlo, Clay - ton, Van Dyke COUftCtl r Habenicht Abstain : IbM Abs nt : 12 . t rs t riftt c 11. 13 . I . Englewood City Council Minutes May 2, 1988 -Page 8 • • • {b) He announced that the water Meter ordinance had been recorded with the Arapahoe County Clerk and Recorder's office on April 15, 1988. He has provided the Utilities DepartMent with a list of title co.panies in the Denver area and has suggested that a copy of the ordinance be sent to those title co.panies along with a City boundary Map. 14. leneral Discussion (a) Mayor's Choice ( i) MYOI VAll DYI£ IIDVED, CCX.:Il .,_. ICOZACOC SECOII)ED, TO PRO - CLAIM MY 1 -7, 1111 AS MTIOML UTEIISIM IDIEIIAICEl'S IIEOC. Ayes: Council Mellber Koltay, Hathaway , Kozacek, Bilo, Nays : Habenicht, Clayton, Van Dyke None Abstain: None Absent: None Motion carried. (b) Council Mellber's Choice (i) A resolution appointing a new Mllber of the Englewood Downtown Develo~nt Authority was considered. RESOLUTION NO . 22 SERIES Of 1911 A RESOLUTION APPOINTIN5 A IOMD MEM£R TO Fill M UNEXPIRED TERM ON THE ENGlE - WOOD DOWNTC. DOELOM'NT AUTHORITY . COUIICIL IIA,_Y .WU, CIUIICIL .... CLAYTM Sl~, TO APNIIT JO£ IIIMIY A Of Till -~ DMYM Kfti.OfiD1' Mmllllln EFFECTIVE IM-IUIATRY TO A Tal TO UPIIl ... JO, 1110. Ay s: COWteil r Koltay, Hathaway, ouc , Silo, Habefttcht, Clayton, V n Dylt l tor ICHT TO T • Englewood C1ty Counc11 M1nutes May 2, 1988 -Page g • • • Ayes: Council Metlber Kolhy , Hllthawlly , Kozacek, Bilo , H1benicht, Cl1yton, Van Dyke Nays: None Abstain: None Absent: None Motion carried. Council Melllber Kozacek offered to usht Council Metlber Habenicht in her c1ndidacy and wished her luck. 15. Adj~t COUNCIL IERIElltOZACEl MOVED TO AD.JOWI. The Meting adjourned at 8 :34 p .•. ~--~;._ ~ d .. ,f City Clerk 1. Call to order. 2. Invocation. 3. • • • AGENDA FOR THE REGUlAR M!:ETIHG OF THE EJfGLEWOoD CITY COUHCIL MAY 2, 1988 7:30 P.M. 4. Roll call. 7 /~< 5. Kinutee. (a) llinutea of t.ba r89Ular ... tift9 of April 11, 1111. lf~ -w ;;h t! 6. 1. Pre-Scheduled Vieitore. ten ainutaa.) Non-lcheduled Vieitore. five alnutea.) . c.../ (Pleaae liait your preeantation to (Pleaea lialt your preeantation to co runt lone an4 Procl ... tione. (a) 30, ltU ae y Poppy (b) :; t I . - .• c c • • • Page 2 May 2, 1988 LJ/ ( l City Council Agenda 9. Consent Agenda. Minutaa of the Parka and Recreation Coaaiaaion aeating of March 10, 1988. Minutea of the Planning and ZoniftCJ Coaaiaaion aaating of April 5, 1988. Minutea of the Public Library Adviaory Board aeating of April 12, 1981. ~Tran .. ittal of rapliaa to Paving Diatrict No. 32 a•••••-' {\,_.,. ... aant protaat let tara. (f) 9) (h) Recoaaandation froa the De~ i/ Engin .. ring Ser- vice• to adopt an ordinance on final reading approvi"9 ~,/"" the vbola coet of the iaproveaenta aade within Pavi"9 Diatrict No. 32, in the City of Englewood, Colorado; approving and confiraing the apportionaent of Diatrict: aaaeaaing a ahare of aaid coat aqainat eaat lot or tract of land 1 and praacribing the aannar for the collection and payaant of aaid •••••aaent. u-..,z,. Ordinanoe"'Vacating a portion of the riCJht-of-way in the 3500 block of South Jaaon ltr .. t. OrdinancJta~ncUftCJ Title 2, Chapter •· lection 2, of the / lnCJlewood MUnicipal Code to provide for the office of Vice Chairaan for the Parka and aecraation eo.aiaaion. Ordi~Ji/,.,iding for a 25-year franobi .. aCJnmant t/ with the Public .. rvice Capany and for the eat.abUah- aent of an e lection on June 21, ltll. C i) Ordina ing the &nqlewood MUnicipal Code rACJard- ing the appointaent of a Truat.. to the llallay Canter True Fund Coaitt ... 10. U c H ri ordinance on final I ion 11, of the c~e.Drtll'l 6 . ( I . ... • • • • "" Page 3 May 2, 1988 City Council Agenda Ordinancea, Reaolutiona and Notiona. ~ ~,u: ~-;/ #CLt-1-atM~ (a) Reca.aendation froa the Bi-city Waatevater ~taent / 0 Plant Supervi•ory Ca.aittee to adopt a bill for an or-v' dinance authorizin9 a Joint Pundinq Aqreeaent with the u.s.G.S. for a river 9a9ift9 •tation at the Bi-City Waatevater Treataent Plant in the a.ount of $1,275. Reca.aendation froa the City Manager to adopt a re•olu-_ / tion appropriating f~ for_ ~e Urban ltaneval v Authority. t/t~lt odltf~J&r,_ 12. City Kanager•• Report. 13. City Attorney•• Report. 14. General Di•cuaaion • . t ,(J ;; _J c• (, ( ) Mayor•• ~9.i~.· (•) rudnnt.-(Ltr\ wr J-4.~~/lf'~ Council ~r•• Cboice. (b) j ,._Y • L {i) baolution to appoint a -.ber to tbe -..levoocs ./ Downtown O...los-an Aut.bQrity vacancy expiriftCJ June :tO, 1111. tUM'\ ... ~ (11) a..Glution Mapport!ftCJ Council *-bar llabenicbt'• candidacy for tbe Colorado a&nioipal ~ Board of Director.. ('. 7/ / ,.. (1 <. 15. Adj ourn.ent. ~ ~, v L-lt I A& i /). tt" ~ /A.• C/. P: t/ Andy covn City Jlanater AN/ab I . . - I. Call to Order • • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Re ular Session April 18, 1!188 The regular mee ti ng of the Englewood Ci t y Coun ci l wa s called to order by Mayor Va n Dyke at 7:35 p.M. 2. Invocation The invocation was given by Council Heaber Koltay. 3 . Pledge of Al l egiance The Pledge of Allegiance was led by Mayor Van Dyke . 4 . Roll Ca ll Present : Counc 1 MeMbers Hatha way, Koltay, Koz acek, Bilo, Habenicht, Clayton, Van Dyke Absent : None A QUOruM WI $ pres nt . Also pr s n S. Mtnute ( ) ., Tl Ci ty Manag r C Ci ty Attorn y DeWitt Assis t nt C ty Man g r Varga s C ty Cler Cr Ofrtctor Fonda, U t1 tes oz l o, .S(tiiiiiDIEO, TO l • I Englewood City Council Minutes April 18, 1988 -Page 2 Nays: None Abstain : None Absent : None Mot i on carried . 6 . Pre-scheduled Visitors There were no pre -scheduled visitors. 7. Non-scheduled Visitors There were no non -s cheduled visitors . 8 . C~nications and Procl ... t1ons • • • (a) COUNCIL MDIIER CLAYTON ROVm, COUNCIL MDIIEI HABENICHT SECONDm, TO DECLARE THE wtEIC OF APRIL 24 -30, 1!188 AS •READ IN& IS Alt wtEJC. • Ayes: Cou ncil Me.bers Ko l tay , Hath away, Koza cek, Bilo, Habenic ht , Cl ayton , Va n Dyke None Nays : Abstain : None Absent : Motion carried . None (b) COUNCIL fDIER HAllWMY ROYm, COUNCIL fDIER lOZACEK SfCONDm, TO ACCEPT WITH REIR£T THE RESI-TION OF DAY£ CIMCIO FROIIJ THE Olll.lMOOD DCMITM DEYELONJfT MITHDIITY . Ay s: Coun c 1 rs Koltay, Hathaway , Koz acek , Si lo, Habeni cht , Clayton , Van Dyke Nay s: n Ab s ta in: n Abs nt : ne t l on carr i ed . Staff was di rected to respond to Mr . Ci an c io 's letter . (c) RECEI VE IILO 'It on e , I lo, I .. Englewood City Council Minutes April 18, 1988 -Page 3 • • • Ayes: Nays: Council Members Koltay, Hathaway, Kozacek, Bilo, Habenicht, Clayton, Van Dyke None Abstain : None Absent: Motion carried. None As a point of order , it was clarified that Consent Agenda Items 9(a) through (g) should be accepted , 9(h) should be approved. COUNCIL MEMBER KOZACEK MOVED, COUNCIL MEMBER BILO SECONDED, TO ACCEPT CONSENT AGENDA ITEMS t(a) THROUGH (g) AND TO APPROVED CONSENT AGENDA ITEM 9(h). (a) Minutes of the Board of Career Service Commissioners meeting of January 21, 1988. (b) Minute s of the Liquor licensing Authority meetings of February 17, Mar ch 2, and March 16, 1988. (c) Minutes of the Englewood Housing Authority Annual Meeting and Regu -lar Meeting of February 24, 1988 . (d) Minutes of the Urban Renewal Authority meeting of March 2, 1988 . (e) Minutes of the Board of Adjus t~~ent and Appeals •et i ng of March 9, 1988 . (f) Minutes of the Downtown Development Authority •eting of March 9, 1988. (g) Minutes of the Plann ing and Zoning Co..tssion •eting of March 22, 1988 . (h) Ordtnanc No . 10, Series of 1988, a•ndtng Title 3, Chapter 6 , En - glewood nicfpal Code, 1985, rehting to the City of Englewood n-rg ncy [~loy s R tir nt Plan and Trus . Ay s: Council rs Koltly , Hatha.,ay, Kouce , Btlo, Habenicht , Clayton, Van Dyke Nay s: None Abstain : ne A s n : Non lion carried. Staff wa s dir cted to ass ist Council by cl ar ifying this .. · r for uture i ngs . 10 . Pub1fc Nearlnt ton ll ILl • 1 0 8 c lL A CLA T I A llTl I Englewood City Council Minutes April 18, 1988 -Page 4 • • • A BILL FOR AN ORDINAN CE AMENDING TITLE 4, CHAPTER 3, SECTION 9 , "MALLEY CENTER TRUST FUND," ENGLEWOOD MUNICIPAL COO£ 1985, RELATING TO TRUSTEES. COUNCIL MEMBER CLAYTON MOVED, COUNCIL MEMBER HABENICHT SECONDED, PASSAGE OF COUNCIL BILL NO. 15, SERIES OF 1988. Mr . Clayton expla i ned that th is ordinance affects only the Trustee to be ap - pointed fr0111 the City Council who shall serve during tenure In office . Mr . Cl ayton is recommend i ng that the City Council have the option to appoint a Coun c il Member to serve during tenure or a cit i zen of Englewood to be ap - po i nted for a two -year term, which would allow Council the option every two year s to either r eappoint a Council Member or to appoint another citizen . Discussi on en s ued conc ernin g the propo se d wo r ding of §4 -3 -9 A. 1 . "On e trus t ee to be appo i nted fro m th e Ci t y Coun c il who sha l l serve during tenure i n of fice or a ci t i zen of En gl ewo od to be appo i nted for a two year term." COUNCIL MEMBER BILO MOVED TO MEND TH£ WOIDU. IN SECTION 1 OF COUNCIL IILL NO . 15, 14 -3-e , IY STRIKIN& AfTER THE WORD •oFFICE• THE NORDS •OR A CITIZEN OF EN&LEWOOO TO IE APPOINTED FOR A TVO YEAI TEIUf• MD TO INSERT AFTER TH£ WORD •ofFICE• THE WORDS •oa A CITIZEN OF EN&LEWOOO TO IE APPOINTED TO SERVE AT COUNC IL 'S PLEASURE . • COUNCIL MEMIER KOZACDt SECONDED THE MOTION TO MEND. Mr . Bllo ex plained that he felt this would give Cou ncil t he necess ary cont rol of the appoin t .. nt . COUNCIL MEMIER CLAYTON MOVED TO FURTHER MOlD THE WOIDIN& STATED AIOVE IY ADO - IN& An ER THE WORD •PLEASURE, • TH£ "'MSE •BUT NOT TO ElCEED A TVO -YEAI TEIUf . Thi~ 1 nd~nt was •cceptable to Mr . Bilo and Mr . Kozac k, who -ade and secon - d d th first 1 nd nt . H v r, Mr . Clayton wt thdrew th 110t ton to a•nd after furth r discus si on . H then off red anoth r a.end-.nt . COUNC IL MDtiER CLA YTON MOVED, COUNCIL KOZACDt SECONDO , TO ADO AFTER TH£ WORD •P LEASURE, •, THE "'MSE •OR FOR A TVO ·YEAI TEIUf. • Aft r dl cussi ng lh aa t r furth r Mr . Cl ayton w hdr th "ond nt . d: rv dur to rv a Cl uld d I . Englewood City Council Minutes April 18, 1988 -Page 5 . . • • • "One trustee to be appointed from the City Council who shall serve during tenure in office or a citizen of Englewood to be appointed to serve at Council's pleasure, or for a term not to exceed two years." Vote results on amendment adding the words", or for a term not to exceed two years.": Ayes: Nays: Abstain: Absent: Motion carried. Council Members Koltay, Hathaway, Kozacek, Bilo, Habenicht, Clayton Mayor Van Dyke None None Vote results on amendment striking the words "for a two year term" and adding after "appointed" the words "to serve at Council's pleasure, or for a term not to exceed two years.• Ayes: Council Member s Koltay, Hathaway, Kozacek, Bilo, Habenicht, Clayton Nays : Mayor Van Dyke Abstain: None Absent: None Motion carried, and Councll Bill No . 15, Series of 1988, as amended, was duly approved on first reading . (b) City Manager Cown presented a recommendation to adopt a bill for an ordinance provid ing for a 25 -year franchise agree.ent with the Public Ser · vice Co.pany and for the establishment of a special election on June 21, 1988. Mr . McCown explained tha h had highlight d the key provisions of the agree · nt in th Council Co.unicalion . H InforMed Counc11 that Mr . Ji• Cha.t>ers, District Manager, and Mr . T011 O'Donnell, Attorn y, both r presenting Public Service Ca.pany, were pr nt should Council need additional lnfo~a tion . COU CIL BILL NO. 14, INTROOUC 0 BY COUNCIL M MBER KOZACEK, WAS READ BY TITLE : I . Englewood City Council Minutes April 18, 1988 -Page 6 • • • COUNCIL MEMBER KOZACEK MOVED, COUNCIL MEMBER CLAYTON SECONDED, FOR PASSAGE OF COUNCIL BILL NO. 14, SERIES OF 1988, AND TO ESTABLISH JUNE 21, 1988, AS THE DATE FOR THE SPECIAL ELECTION. Ayes: Council Members Koltay, Hathaway, Kozacek, Bilo, Habenicht, Clayton, Van Dyke Nays: None Abstain : None Absent : None Motion carried. Mr. McCown was complimented on the su.mary of the details of the agreement and the members of the negotiating comMittee were c~nded for their contributions. It was stated for the record that the City will be reiM-bursed for the costs of the special election. (c) City Manager McCown pre sented a reco.endation to adopt a resolu- tion allowing for a negotiated con ract for the 1988 Slurry Seal Progra• and pen~itting the award of said contract to Bass, Inc., in an a.aunt of Sl9S,ooo . RESOLUTION NO . 18 SERIES Of 1988 A RESOLUTION ALLOWING FOR A NEGOTIATED CONTRACT FOR THE SLURRY SEAL PROGRAM 1988 INSTEAD OF THE COMPE TITIVE BID PROCES S UNDER SECTION 116(b) OF THE HOME RULE CHART ER AN D THE EN GLE D NI CIPA L COO 1985, SECTION 4-1-3, AND AWARD - ING A NEGO TIATED C TRA CT FOR TH IS PROGRAM FOR MAINTENANCE OF THE ENGLEWOOD STREET SYSTEM . COUNCIL NDIIEa HAllWMY NOVED, COUNCIL NOllER ICOZACOC S£COIID£D, TO APPIOYE RESOLUTION NO. 18, SERIES OF ltll. COUNCIL MEMBER KOLTAY NOVED, COUNCIL NEMIEI CLAYTON SECCII)ED, TO NOD SECTICIII 1 Of TH£ RESOLUTION, PAGE 2, LIME 1, ADDINI AfTER •1taa• THE MOIIDS •1N M AMOUNT NOT TO EXCEED Slt5,000•; SECTION 1 TO READ: •sECTION 1. TH£ DEPAitTMOfTS Of EMil ERINI S£RYICES MD PUILIC MOlD AI£ AllfHOIIZED TO IOTIATE A CONTRACT FOI SlUUY SUl. P1011M 1111 IN M AMOUNT NOT TO UC[(D Slt5,000 IN LIEU Of THE COIIP£TJTIVE liD PIOCESS AS ALLOWED IY S(CTICIII l16(b) OF THE DILEVOOD IDlE ltUU CHUTU MD SEC- TION 4·1 ·3·1, EMl.£I«KKo UICJPAL COD£ INS.• -s : Ab t aln : Abs nt : c rr "' y, oz • Bflo, 0 .. Englewood City Council Minutes April 18, 1988 -Page 7 Absent: None Motion carried. • • • (d) A resolution opposing "lotto• form of gambling in the State of Colorado was considered. RESOLUTION NO. 19 SERIES OF 1988 SPONSORED BY COUNCIL MEMBER KOZACEK A RESOLUTION OPPOSING THE "LOTTO" FORM OF GAMBLING IN THE STATE OF COLORADO. COUNCIL MEMBER KOZACEK MOVED, COUNCIL MEMBER HATHAWAY SECONDED, TO APPROVE RESOLUTION MO. 19, SERIES OF 1988. Council Mellber Koucek explained that this issue had been brought up at a Parks and Recreation Co.aission .aeting and that the Co.aission voted in favor of such a resolution with the stipulation that the resolution is not against "lotto• but is against the idea that the .anies to be derived would be ear - marked for prisons, etc ., not for recreational purposes . Discuss ion ensued concerning the wording of the resolution . Various Council Mellbers stated their positions on this Matter . COUNCIL MEMBER CLAYTON MOVED, COUNCIL MEMBER KOLTAY SECONDED, TO TABLE APPROV-AL OF RESOLUTION NO. 19, SERIES OF 1988. Ayes : Coun c il MeMbers Koltay , Btlo, Habenicht, Clayton, Van Dyke Nays : Abstain : Ab sent : Motion carr i ed . 20 v . to, Coun c I 1 Non n OZAC LE S(CIIIIOED. TO UNO¥ USOlUTIC* I . • ,. Englewood City Council Minutes April 18, 1988 -Page 8 • • • Council Member Kozacek stated for the record that the funding for this would be coming from possible grants and/or loans from the Federal government, that the long-range master plan would not have a direct impact on tap fee and usage at this time, and further that it would not affect the general budget in any way. Utilities Director Fonda responded to questions concerning the time frame, stating that it would take two to three months to get an engineer on board, nine months to a year for the pre -design and detail design . The target date to begin construction, if approved by both Councils, is mid -to late 1989 with a three to five year total build-out. Funding through long -term loan grant was discussed . Concern was expressed about odor reduction and moving forward certain items in Phase 1b to Phase la to accomplish this. Hr. Fonda assured Council thi s would be done as soon as possible. Regarding the odor reduction, it was suggested that an ar tic le be printed in the Englewood Sentinel or The Citizen to advise he citizens of this action. He also assured Council that e ort would be made to pursue any grant monies wh ich might become available. Mr . Fonda was compllm nted for his concern and dedication to improve employee safety and to decrease h zardous sl tua ions. Vote results : Ay s: Counc 11 H mbers Ko ltay, Hathaway, Koucek , B 11 o, Ha 1cht , Clayton, Van Dy e Nay : on Abs ain : one Abs nt : one Motion carri d. 12. City "an ag r's R port Mr . McCown d d no ha any att rs to br ng b ore Council . 13 . City Attorney 's Report (a) Mr. It pr ell on th follo lng c ll " CITY ATT ll(a)( ) . tl n A n: ( i1 ) n onaa 1on and r qu sted d r ctlon fra. Coun- rrl on, City of Thornton, o Cas le Roc , Cfty of y, oz c , Bflo, I • • • • Englewood City Council Minutes April 18, 1988 -Page 9 COUNCIL MEMBER KOLTAY MOVED, COUNCIL MEMBER CLAYTON SECONDED, TO DIRECT THE CITY ATTORNEY TO PURSUE THE RECOVERY OF THE B0fi)JN6 MONIES ($2,000) AND TO PURSUE THROUGH OTHER APPROPRIATE AVENUES THE BALANCE OF THE MONEY ($4,700). Ayes : Nay s : Abstain : Absent : Council Members Koltay, Hathaway, Kozacek, Bilo, Habeni cht , Clayton, Van Dyke Non e None Motion carried . None (111) Si gn Code Violat i ons . COUNCIL MEICIER KOZACEK MOVED, COUNCIL MEJIIER HATHAWAY SECONDED, TO TAILE MEN-DA ITEM 13(a)(ii1). Ayes: Nays: Abstain: Absent: Council Members Ko l tay, Hathaway, Kozacek, Bi lo , Habenicht, Clayton Mayor Van Dyke None Motion carried. None ( lv) 0 l d . v. Ci and leydon v. City CCUICI L CLAYTON MOVED, COUHCJL MEMO HAIDUCHT SECOND£D, TO AIITHOIJZE 11E CITY ATTO.V TO PROCE ED IN THE NATTER OR LTD . V. CITY IIITH JH( PIOVISJON T T IIISIST THA T THE CUUEMT OIDUIMCE THAT IS IN CONfLICT IE UPfi(LD AS IT I OF THAT APPEA L A s . ay, Hatha way, Koz acek, 811o, C I L CITY ATT £1 HA THAWA Y VED, C IL NEJII ER KOZACEK SECONDED , TO DIRECT TH£ TO PUISO THE APPEAL OF LEYDON V. CITY . olh . Hath y, one: , lo, • - • . , Englewood City Council Minutes April 18, 1988 -Page 10 • • • Kozacek also requested that each chairperson of the boards and cOMMissions be provided a copy of the Rules and Procedures, as adopted by Council. 14. General Discussion (a) Mayor 's Choice Mayor Van Dyke did not have any •atters to bring before Council. (b) Council Member's Choice ( i) COUNCIL MEMBER KOZACEIC MOVED, COUNCIL 1110110 IILO SECCNGED, TO APPOINT RUSSELL HATHAWAY, AS YOUTH NEMER OF THE PAIIItS MD RECREATION COMMIS- SION TO A TERM TO EXPIRE OCTOIER 1, 1981. Ayes: Counc i l Me.bers Koltay, Kozacek, 811o, Habenicht, Clayton , Van Dyke Nays: None Abstain : Coun cil ~r Hathaway Absent : None Mot i on carried . Council Me.ber Hathaway stated she abstained as she had a "d i rect personal involve.ent wi th the person In question•, na.ely her son . 15 . Adjour-Ment COUNCIL _,.EI KOLTAY MOVED TO AD.JOUIII, The ~~eetlr19 adjourned at 9:00 P·•· r I . • • ,. • PROCLAMATION WHEREAS, the annual sale of Buddy Poppies by the Veterans of Foreign Wars of the United States has been officially recognized and endorsed by governmental leaders since 1922; and WHEREAS, VFW Buddy Poppies are assembled by disabled veterans, and the proceed s of this worthy fund-raising campaign are used exclusively for the benefit of disabled and needy ve erans and the widow s and orphans of deceased veterans; and WHEREAS, the basic purpose of the annual sale of Buddy Poppies by he Veterans of Foreign Wars is eloquently reflected in he desire o "Honor the 0 ad by Helping the Living;• and HHf.REAS, the wearing of a Buddy Poppy is mute evidence of our gratitude to the m n and women of this country who have risked h ir lives in d f nae of th freedoms which we continue to enjoy as American citiz na; NO , THF.REFORE, I, SUSAN VAN DYKE, M yor of the City of Englewood, Color do, do h r by proclaim April 30, 1988 as BODOJ POPPY DAY Cl iz na of this co unity by con ribu ing 9 neroualy Buddy Poppi • on the day y ola of appr cia ion y Counell h 2nd y ot M y, 19 7. I • • - P R 0 C L A M A T I 0 N l~l!EREAS, many public employees' groups on the fed e ral, s tat e and local levels have made outstanding contributions to America; and \IH EREAS, Retirees' Associations, youth groups and o ther servic e groups in Englewood have made outstanding a c hi v c n cn s i n performance of public service; and 1/HCRCAS , Co ngress, governors, mayors, among o t hers , arc endo r si ng Public Service Recognition Week in appr Cla 1on for the talents and benevolent acconpl1shmcn s o f employees' groups and public service groups in assis ing those in need; NO W, THEREFORE, I, SUSAN VAN DYKE, Mayor of the Ci y of Enqlewo od, Colorado, hereby proclaim the week o f I I y 2 -8 , 1988 S PUBLIC SERVICE RECOGNITION WB&K 1n h Ci y o cnqlewood. • • • Englewood Parks and Recreation Commission Minutes of March 10, 1988 A The regular MOnthly ~eting of the Englewood Parks and Recreation Commis- sion was called to order at 5:30 p.m . by Acting Chairman Neyer at Englewood City Hall. Members present: Armstrong , Braucht , Clayton, Gomes, Hathaway (alter - nate), Kozacek , Neyer, Vanderleest, Wiggins, Kuhn, ex officio Members absent : Hoyt Also present : Ji• Kavinsky, Parks Supt. Acting Chair.an Neyer introduced Commissio ner Kozacek to the Commission. Kozacek was not present at the February Co..ission ~eting when his term began . Acting Chairman Neyer asked if there were any additions or corrections to the minutes of February 11. Alternate Youth C01missloner Hathaway stated that on page 5, para. 2, a correction should be •ade stating that "The MOtion passed with two opposing votes fro. Co..ission r Go.es and Alternate Youth Me~r Hathawa .• . l . I . • • .. fee charged for park use but a permit must be obtained through the parks of - fice. Commissioner Clayton expressed his satisfaction with this system of monitoring numbers of children in the parks from day cares, day camps and pre - schools to help prevent overcrowding of the parks. Director Kuhn reviewed the proposed concessionaire contract that was hand delivered to Com.lsslon ~rs for their consideration. There was discussion with regard to the type of facility that Is desired by the City for the club - house concession operation, the actual pre.lses under contract by the conces - sionaire, the term of the contract agree.ent, hours of operation, slgnage to promote the facility, security for the concession area at the clubhouse, etc. The Commission, with regard to hours of operation, agreed to el1•1nate under Section 7 c) of the proposed lease and Agree.ent the first two sentences stating, "The parties hereto understand that the hours of operation of the golf course may vary depending on weather. Therefore, It Is agreed that on those days that golf play is not allowed, the hours of operation of the restaurant shall be set at the discretion of the Concessionaire, subject to approval of the golf course Manager." and to include that 8 p.•. cl osing on Sundays will be permitted throughout the year If concessionaire does not have an extended hours license for Sundays. There was discussion with regard to a cost of living Increase clause to be added to the lease and Agree.ent. Commissioner Armstrong •ade a suggestion that perhaps a clause should be added to the lease and Agre ... nt stating that the City .ust approve any addi - tional services that the concessionaire .. Y wish to offer fro. the clubhouse. Director Kuhn stated he would check with the City Attorney with regard to this and stated that this .. tter .. Y be covered under Section 6 Use of Pre.ises. Ca..lssloner Armstrong questioned the clause regarding co.prehensive general liability Insurance stating that It would be wise to Indicate 1 dollar aMOunt . There was so.e discussion regarding the a.ount of the bond requested in the lease and Agr nt . Co..issloner Kozac k .. d a .at on, secondtd by Alt mate Youth Ca..ls - s lon r Hathaway, that the golf course concession be open to th publ c as a ul l s rvtce r staurant for brea fast, lunch and dlnn r . c nd th ~IM W A ull s r d a .at on , s conded by C tss i on r Kozace • to nu ppro al by h C ty . Th IQt on to nd t 0 n IS I r PIS I • • .. .. p.m. on Sundays in the event that the concessionaire has no extended hours license for Sundays. The motion passed. Commissioner Kozacek made a motion, seconded by Alternate Youth Commis- sioner Hathaway, that during the months of April through Septe~er, the conces - sion will close at 8:00 p.m . on Sundays in the event that there is no extended hours license. The motion passed. The Commission agreed that Section 10. Rent, under b) should include that the City may increase the monthly rent and percentage of gross sales over $240,000 per calendar year at the time of contract renewal. During further discussion concerning cOMprehensive general liability in- surance, the Commission agreed that the dollar figure of Sl,OOO,OOO should be added to the clause, but that the City Attorney should be co nsulted regarding the dollar figure. Commissioner Kozacek made a MOtion, seconded by alternate youth Commissioner Hathaway, that the dollar requirement of the cOMprehensive general liability insurance be set forth as per the opinion of City Attorney DeWitt. The motion passed . Commissioner Clayton asked Director Kuhn to include in the lease and Agreement a summary clause pertaining to what the Commission is atte•pting to accomplish . This summary could state that the City wishe s to enter into an agreement with the concessionaire to manage a restaurant that will offer break - fast, lunch, and dinner services to golfers and to the public , and It is the hope of the City that the concessionaire will aggressively pursue the operatio n of a quality restaurant, seven days per week throughout the year, etc . Commissioner Clayton •ade a motion, seconded by Alternate Youth Co..is - s ioner Hathaway, to accept the overall changes to the proposed concession con - tract that have heretofore been discussed by the Parks and Recreation Co..is - sion. The motion passed . • 4 • - r • • • to purchase a Z6 passenger bus to be used by the Parks and Recreation Depart- ment, and that the 19 passenger bus be put up for auction as recommended by Servicenter Supt. Booras . The motion passed unanimously. Director Kuhn reported that he and Golf Course Manager Allard are current - ly looking at long range and short range projects for the golf course. He stated that four iteMs were discussed with City Council at their study session: 1) 3,200 sq. ft . storage building with Maintenance area for golf course equip - ment which is currently being stored outdoors -estimated cost of $25,000; 2) leveling and seeding of the driving range -$40 ,000 ; 3) rebuilding No . 6 green, No. 7 green, and No . 7 fairway -$30,000; and 4) continue to replace sand in the sand traps on the back 9 -approxiMately $10 ,000 to complete (in PIF fund currently). Kuhn stated that City Council approved the transfer of monies for these projects fro. the golf course reserve fund to the PIF fund . Commissioner Vande rleest left the meeting at 8 :50 p.m. Concerning the deteriorating condition of the •issile at Belleview Park, Parks Supt. Kavinsky stated that in Septe.ber, 1986, the Ca..isslon •ade and passed a motion that the •issile be removed fra. the park. Kavinsky stated that the skin of the •issile is worn , the fiberglass nose cone is crunbling and some children have received second degree burn s in the su..er. Kavinsky sug - gested that the •issile be replaced with a MOdule in 1989 . Sa.. alternative sug gestions to re.oving the •issile fro. the park included fencing the •lssile off for display only , or burying the •isslle halfway so that it is not so high off the ground. After discussion, the Co..lsslon requested staff to check with a playground equiPM~nt .anufacturer on the possibilities of having a replace - ment piece of equiPMent designed to reseMble an airplane so that the th ... of the park can be retained. Kavlnsky stated that the liability question would be answered by replacing th •lsslle with a .anufactured piece of equiPMent which confona to th nttlonal safety rules tnd regulations. Dlr ctor uhn briefly r viewed the procedur s for no.intting tn individutl for a life tl .. golf pass . C lssioner Cl ayton rec nded thtt before any no. n s ar constd red fo the ptss, sa.e fona of cri teria should be es · tabltshed for these types of trds since other deserving Individuals on oth r board and c tsstons hav no been na-nated and considered for these aw.rd s. roll In discussion, th C ss on agr tha furth r constd rt ton should g n to establish a strong r fona o cr t ria for an lndtv dual to I llf 1 l p , nd he .a t r ll discussed furth r at th I n Aprtl. 1 l ry I . • • • CITY OF ENGLEWOOD PLAtiiiNG All) ZONING COMMISSION APRIL 5, 1988 9 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Ca.mission was called to order by Chairman Hanson at 7:00 p.m. Members present: Also present: Melllbers absent: Barbre, Schultz, Carson, Draper, Volkema, Such, and Hanson . Ra.ans, Ex-officio. Mr . Fish arrived late to the .eet1ng. Susan Hirsch, Senior Planner. None . 11. APPROVAL OF MINUTES. March 22, 1988. Mr . Hanson stated that the Minutes of March ZZ, 1988 were to be considered for approval . Carson 110ved : Schultz seconded : The Minute s of March zz. 1918 be approved as written . AYES : Barbre , Schultz , Carson , Draper, Such, Yolk ... and Hanson . NAYS : None . ABSENT : Fish. ABSTAIN : None . The 110tion carried. Ill . Carson •ved: Barbre seconded: AYES : NAYS : A S MT : A SlAt : CONDITI OML US E FOR A DAY CARE CENTER AT ZSlS SOUTH TEJON STREET Th at t CondHional Use heariiiCJ for UlS South Tejon Str t bt opened . c ult , Car o , Or r , , ol nd H nson . . l . • • • ,. • do, given the size of their facility. Mrs. Romans said that when the Engle- wood Ordinance was written, it was not realized that the State permitted up to 15 children in this type of day care center; and she said that, in her opinion, our Ordinance should not conflict with State law in this case. Theresa Chavez 2003 West Caspian Way was sworn in for testi110ny. She said she has been a resident of Englewood for 34 years and owns the property at 2315 South Tejon Street. She is also an owner/builder of duplexes on Caspian; her children went to Scenic View . She has experience in early childhood supervision and taught the s~r youth progru for twelve years. She wants to provide a healthy, caring environ.ent for children. She said that a large 111jority of wo.en work, and their children need to be in good day care. They plan to 111ke use of the recre - ation center progrus, baseball and ca..unity resources, and to be part of the ca..unity. Mr . Fish entered the Meeting. Mr. Hanson asked if she had read the staff report and would agree to the sug- gested conditions. Mrs. Chavez said she was aware of the conditions and would .. et th... She said that the Building Division said there is adequate space for 15 children with three staff .a.bers. The children would be between 2 1/2 years old and 12. Bishop el ... ntary will provide bus transportation to and fr011 a bus stop in front of the facility for the school-age children . They will participate in Head Start in the Fall . Ms . Hirsch sut.itted Exhibit I, a plot plan of the proposed child care facil tty. The Chair~~~n asked if there were any other speakers in favor of the proposal. Eleanor lucero 1593 South King was sworn in for testi110ny. She said she is Mrs. Chavez 's partner . She ran a st•ilar ltcensed busiMss fro~~ her h-. fro~~ 1982 to 1986. She said child care in Englewood h In great deund . The neighbors agre. there is a shortage. She said she hopes that, since th State allows fifteen children, the Board will per.it t~ to have fifteen bt<ause that will 111kt 1 difference In the service -ich they can provide . Mdr Gonzales 419 st Nichols Oriv rn In for lest 110ny . Ht s ld h h d nstalltd a syst or th proposed child ca c nt r . He said that t Clft S Ire trying to SUPPlY good qu llty day Clrt fch th c ntty . Th f cil ty is sp ctou nd uld c nfty . nt red xhib t II In to th re ord. a 1 t on t ts a for child ca n t a a, rant • . t . rs, t I • • • • There were no persons present who wished to speak in opposition to the request. Carson moved: Barbre seconded: That the Public Hearing for Case 13-88 be closed. AYES: NAYS : Barbre, Fish, Schultz, Carson, Draper, Such, Volkema and Hanson . None . ABSENT: None . ABSTAIN: None. The motion carried. Carson moved: Draper seconded: That a Conditional Use for a child care facility for twelve children be granted in Case 13-88 for a facility to be located at 2315 South Tejon Street. AYES: NAYS: Fish, Barbre, Schultz, Carson, Draper , Such, Volkema and Hanson. None . ABSENT: None. ABSTAIN : None . The MOtion carried. The Chainun ruled the Conditional Use was granted. ~ PUILIC FOIUI. There was no pub 11 c present. V. DIHCTOI'S CHOICE. Mr s. R011ans said there had been a City's cue about property It 1109 owner 30 days to clear the property, on th property for that expense . court rul tng on March 18, 1988, in the st Quincy Avenue . The Jud9e gave the or the Ctty could clear it and put 1 lttn I . -• • • will be a committee composed of representatives from City Council (Mr. Clay- ton), the Greater Englewood Chamber of Ca..erce (Mr. Marx), Mr. Bahne of Val - ley Motors, Mr. Greg Thompson, and a representative of the Planning Commission. The Commission voted that Mr . Hanson and Mr. Carson represent the Planning Commission on this c01111tttee. Mrs. ROIUns satd she would contact the rep-resentatives as to when a .. ettng can be arranged. ~ DIRECTOR'S CHOICE. Mr. Fish asked about a report on the Downtown Develop-.nt Authority and Urban Renewal Authority. Mrs. Ro.ans said that Nancy Reid will write an opinion, as requested by the Coa.ission on March 22nd, and wtll subltt tt to the Co.isston. Mr. Schultz asked for copies of the old Minutes fro. the tt .. he joined the Co. iss ton. The .. ettng adjourned at 7:25 P·•· • • • • • .. • I'IIHUT£5 £HGLEUOOD PUBLIC LIBRARY ADUISORY BOARD April 12. 1988 The regular "eeting of the Englewood Public ltbrer~ Rdut.or~ Board wes celled to order b~ Uice-Cheir~n John Peterson et 7:35 P·"· PRESENT: John Peterson. Bruce Hogue. Uirginie Johnson. Joe Rathburn. Beu Si"on. lois Sterling. Doroth~ Totton ALSO PRES£HT: Sharon Uinkle. librery Director. Jo.n Htnk~eyer. lnfor~tion Services A~inistretor. Donn. &ottberg. Recording Secretery RE&RETS: Rl Quaintance. Betty Doun.y. Alex H.benicht Roll cell wes teken end e quor~ declered present. There were no scheduled or unscheduled visitors present. l'lr . Peterson turned the "eettng ouer to Sheron Uinkle. who •ntroduced l'ls. Joen Hink~eyer. Inf~tton Services R~inLstretor. for • report regarding the grent frDft the Coloredo nd~nt for the H~nities <C£H) end inf~tion regerdtng Het1onel lLbrery Ueek progr~s. Jhe grent "onies received frDft the C£H allowed the Englewood Public lsbrery <£P > to htre scholars for several book discussion groups. [uen with publicit~ the ser&es wes not well -ettended. a h of the flue aeries euer ... d only 15 people. The ~11 grOUp siz ~de for ~ excitsng d&scusaion. but the progr8ft wee quite c ostl~ pe person . She fe la another progr8ft of this type would not be sn order at thsa ti~. Ms . Hink yer diatrsbut d e flyer explaining Mattonel ibrery U k a c tsuatt • for both edulta end ch1ldren. The ectluiti a w braefly dla ua ed . -l - 9 c I • • • should supply a lar~e anount of ~terials for this group. The Board agreed with the direction the staff is taking at this tine. Ms. Uinkle will keep the Board posted as to any new deueloP"enta. The Board thanked Ms . Hinkeneyer for her report. The Board thanked Mr. Hogue end Berbere for supplying refreshnents this evening. Ms. Uinkle brought up for discussion the proposed reutaiona to the £PL Policies regarding Oiarupttue Behavior. II-• IQIIQI: That the Board accept the propoaod roulaion. regarding Disruptive Behavior. to the £nglewood Public librery Poltclea aa presented. Moved by: Joe Rathburn Seconded by: Bruce Hogue Mot1on carried. Ms . Uinkle noted that Mr. Stanescu hea signed the necoaaery papers releasing hia gift to the librery end we ere now in the proceaa of work1ng with the Purchasing O.per~t to find a suLteble pedestal to display the bust of "-rk Twetn. It ta the hope of the library to have thta display reedy by thta fell. should w plan enother Open House et the library. The LLbrery ia work ing on two grant propo-la et thia point. both of which ere due by May 25. Ma . Utnlr.le la working on • grant wha ch supports the plenning cycle of the neat 5 v-era (1991 -1995>. Hank long. library S.rutcea ~tntatretor. ia work ng on Pheae II of the IRVING library ... ~k. Mr. long plena to eltend • future fteettno of the ~d to elaborate on this grant propo-1. There ta elao • "tnt grent propo-1 for e1100. 00 to ••tabU eh eoeo1al aerutc a to buatneaaoa tn the er-. Ma. Uanlr.l will k p the ~d updated •• tnforneUon bec:-.a •-Hable on the propo-la. lher wea dlacuaaton •• to • lected lUw " aorutc a ~ their u e • t •• Conf ROGna. ~~t ahibtl Spec • eftG Poatana. DLatrtbutton of tt reture . I . • • • Ms. Uinkle distributed copies of conperative statistics. a report of 17 Public libraries which operate on an annual budget greeter than •~oo.ooo. After brief discussion Mr. Hogue asked for further breakdown of Englewood figures. ns. Uinkle will suppl~ at a later "eeting. Ms. Uinkle and Al Quaintance attended • Colorado State librer~ Trustee/Board "~ber workshop last nonth. Ms. Uinkle gave • brief report on the pert she attended end Mr. Quaintence will report on his perticipetion next nonth. It was • ver~ worthwhile workshop. Ms. Uinkle noted aone steff enniversertes. She has not done this in the pest ~ears but feels the Board should be aw.re of the years served by steff "eftbers. This y .. r 3 of our staff ~rs received 5 year pins fran the City& Mer~ Spanberger. Joy &.utter and Mo1re Collins. Thia service period is for the tine ending 1987. Ms . Uinkle wanted to note that leiOfta Koestner had her 25 th anniversary with the City •• of lest rebruary end this will be eckn ... ledged by the City in 1989. M -1 1 MUM: That the loerd send • congratulatory letter to leiO... Koestner for her 25 v--a of service end send • bouquet of flowers to the Librer~ in her honor. to celebrate Nation.l library Ueek <April 17-23). <Mr. Peterson will write the letter.> Moved by: lois Sterling Seconded by: Bev Sinon ttot1on carr1ed. Aa J.nfornatton. na. Uinkle noted that the Central Colorado library Syaten <CCLS> Public librery Directors ere exploring the feasibility of cooperative planning for the Systen•s public hbreriea. n r. Utnklo reported there has be n • proc..,...el ~ r-..rcUng the circulation of c~t dis a . There ta • ltnit of 10 that en be che ked out to one indivlduel. to •t d I . • • • 88-JZ nPIIQM: That the Board approve acquisition of videocassettes of interutewa to be cablecest on United Cable at a date to be set by United Cable. Moued by: Dorothy Totton Seconded by: Joe Rathburn Ms. Uinkle noted that publicity would be sent to the newspapers. etc. by the library. notion carried. Cbpirnan•s Rcggrt Mr. Peterson appointed Al Queintance. Bruce Hogue and Betty Dounay to serue as a Budget C~ittee. with nr. Oueintance •s the Chairftlln. Mr. Peterson noted that there is a Spring progr-. rri-.,. rt.y 6. at Aurora presented by Colorltdo library hsociatton Public library Dtun. Anyone interested in attending pl .... contact Donna at the library. Cbe•nnen•• Chpacc As anforftlltton. nr. Peterson noted that the UCD Dept. of Internattonal Affairs is presenting • progr-of Soviet -...kera on Saturday. April 16 fraft 3-1:30. n...bcn • [bpi r;;c Uarginta Johnson and leu Sinon aerue on the Horsecer CDftfttttee. Oonattona continue to be received. Ms. Si~n gives kudos to Heney Bunker for all her help in obtaining infornation and slides of the hor ecer. Mr . Hogue asked the status of the Contributors Club plaque. "s . Uinkle stated that the 1tlaque te tn the hands of S.Che-~lor and was suppoa d to be delivered to the Library l•st ... Rt this poant the Purchasing Dept. is checking with S.Chs -~lor to see t t ... -t • deltuery dell • Dorothy lottOf'l and her f-aly uisated the O.Uinci ••hiattt •t the olor Hutory ftu ...... It wes fa ctnat ng and very anfornatiue . rla o wall &n • • • • cauhl •• 0 to I . • • • Unfinished Business 11-13 IQIIQI: The Library does not plan to reinat.te the handling of tax forfts for future years. "oued by: Bruce Hogue Seconded by: Joe Rathburn "otion carried. Cqnnttt•e R•pprt "r. Hogue. Ct...in .. n of the BOSRC C-.itt-reported thet Cushing Perk baa been reserved <the pevUion) fJW S.turMy. July ZJ fr- 1 p.n. until derk for the ennuel picnic. The Statistics Report for "-rch end thR first au.rter Action 'lon were reviewed end briefly discussed. M--11 •r•: Tt...t the "inutea fr-the "-reb e. ltee -u,. be -..proved •• presented. ftoved by& llruce ...... Seconded bya J-.. thburn ~t ion cerried. 1 -14-M dg r I I . - CI RCULATlON Central Library Bookmobile DAYS OF SERVICE AVERAGE DAILY CI RCULATION TRAFFIC COUNT (Main) VERAGE DAILY TRAFFIC COUNT D PATRONS Borrowin&** hoo1 : du1t 3/11 •••·•··•··•·•···· • • • ENGLEWOOD PUBLIC LIBRARY Selected Statistics March 1988 18,769 (18. 840) * 8,100 ( 7,257)out of service 2 days TOTAL : 26,869 (26,097) 27 26) 995 ( 1, 004) 22,823 (24. 515) 845 943) TOTAL: 20,686 (20,446) 1,453 1,430) 591 575) TOTAL: 2,044 ( 2,005) 67 591) 242 222) TOTAL: 920 ( 8I3) 2, 43 2,523) 376 310) TOTAL: 31219 ( 2,833) 6,1 3 ( 5,651) uv. 7/2 2 TOTAL: 0 p ron 273 it ( ) • ( ) ( ) " ( ) ( ) I S ) l ) ( l ) ( II ) •> 7 ( ' ) l th I • - ( • • • • • -2- LI BRAR Y SPONSORED PROGRAMS OUTSIDE CENTRAL LIBRARY Chil dren's Department NUMBER ATTENDANCE Bookmobile story times Bookmobile Lib. visit s to classes Specia l visits 3 ( 5) 31 ( 24) 1 ( ) CURRENT ACTIVE REGISTRATIONS VOL UMES IN COLLECTION 13,871 ( 21,089) 102,266 (103,852) LIBRARY MATERIALS Book s Casse tte s Microfil• Videocassettes Co•pa ct Disc s DISBURSEIENTS Deposited wi th City Treasurer's Office REVENUES Fines Copy end Donor' Fund A ct. t 1411(1ost and da .. aed .. teria1s) ct. 16466 l (~croco~uter) Colo. Loan (ILl.) Volunte r hour : 32 /5/ d VOUICES ADDED 588 (485) 17 ( 7) 26 ( 36) 33 ( 9) 23 ( 14) $2,361.08 $1,436 .82 I 00.15 434.85 265.06 104 .20 20.00 43 ( 78) 1108 (594) 25 ( ) VOl.IMS WilliDRAWN 59 ( 142) 10 ( 2) ( ) ( ) ( ) ($2,024 .01) ($1,32 7.76) ( 23.00) ( 374.80) ( 129.30) ( 158 .15) ( 11.00) I • -• • • 9 April 28, 1988 TO: FROM: SUBJECT: Andy Nee~, ::!ff llana9er ~~ Ra9l\"nd, Director of Enl)in .. rift9 Service• Propoeed .. plie• to Pavt,. Di•trict •o. 32 Aa•e• ... nt Prote•t Letter• Six written prota•t• vera received relJardift9 a• ... -..nt• for Pavift9 Dbtrict •o. 32. In addition, three of thoee ownan •ub- aittin9 written prote•t• appeared and addra•~ City Council at the public b .. rift9 on April 11, 1111. The En9inaerift9 Staff ba• inveati9ated the written and verbal concarna axpr .. ~ by the•e owner.. Attached pl .... find our written r••ponae• to thaae property ovner•. Tha•e latter• have been reviewed by Council at a previoua •tudy ••••ion and no cbaft9ea ware r~ed. 'l'barefon, no cbaft9•• in the Aa•••aift9 Ordinance an required. Council abould _,. to accept theM lattan in order to Mke tha part of the tonaal record on thia aa ...... nt diatrict. /lo RplyProt I . • April 13, 1988 Mr. Cipriano Alvarado 2701 South Grant Street Englewood, CO 80110 Dear Mr. Alvarado: . . • • • We are in receipt of your aaaeaaaent proteat letter tor Paving Diatrict Mo. 32, and it waa entered into the record at the public hearing on April ll, 1988. Thank you for the additional co.aenta at the public hearing. OUr ataff haa a record Of the eatiaatea 9iven to IOU. Tbe firat eatiaate waa for reaoval and replac ... nt of 123 l neal r .. t of vertical curb' qutter on la•t Yale Avenue at $11.11/L.P., totaling $1, 375. The additional work on the aidevalk on South Grant Street vaa pertonMd at your ~eat. Tbia vork vaa not a part of our original pav{nq di~ct area; however, tba City doea bonor reque•t• troa ha.eovner• of thi• type to aa•l•t thea in financing additional concrete work adjacent to our Diatrict boundariea. Th following la a breakdown ot the charg • tor 2101 o th Gr nt Street: con • VC'G • Ul L.P. , VC 'G • 123 L.P. f (0 ;ln ). fo hla or I ,25t.U • I . - Mr. Ci priano Alvarado 2701 South Grant Street Englewood, CO 80110 April lJ, 1988 Page 2 • • • Extra Work on s. Grant Street at owner•• Reque•t--Not in Earlier Estl•ate Const. 4" •idewalk -86 S.F. I $2.14/S.P. Const. 6" •idewalk -17 S.P. I $2.50/S.P. Re•. aidewalk-103 S.P. I $0.71/S.P. saw aidewalk -5 L.P. I $2.62/L.P. $ 114.25 u.n 73.!56 13.09 Total A••e•• .. nt Grand Total • 313.39 $1,572.16 A field in•pection to deteraine the location of the ••aw• va• conducted on 4/13/88. The •awing of the •idevalk va• done by our c ontractor and i• vi•ible in the driveway portion of the •idevalk on south Grant Street. No adjuataent in the a••e•• .. nt wa• reco-.nded by Staff or allowed by City council. No adju•t.ent in the a••e•• .. nt va• reco..ended by Staff or allowed by City Council. Plea .. r .. l fr .. to contact .. for any additional inforaation or clarification. S i ncerely , o.n .. l llacJland Di rector of lnqi /lo ReplyAPl • I . April 13, 1988 Hr. Herman DeVliegher 4610 South Cherokee St. Englewood, co 80110 Dear Hr. DeVliegher: ,. • • • we are in receipt ot your aaaeaa .. nt proteat letter troa Paving District No. 32, and it has been entered into the record at the public hearing on April 11, 1911. Thank you tor your ca.aenta at the public hearing. It has been the policy ot the City ot Englewood to include a block in a paving diatrict only once. The tirat record ve have ot an asseaaed paving diatrict vaa in 1956, and paving diatrict recorda do not ahov the 4100 block ot Iouth CheroU. ever being asseased tor atr .. t paving prior to Paving Diatrict Mo. 32, 1917. Teating ot aaphalt and basecourae acco.pliahed in 1975 indicated an average aaphalt thickneaa ot 1 112• and an avera9e ba .. thickness ot 1 112• --not approaching our accepted Citi Standard ot a ainiaua ot 2• aaphalt and 6• ba .. for atandard rea dential construction. The concrete aidevalka and curba are the r sponsibility ot be ad jacent owner by ordinance. We are pl as d to hear that the concrete inatalled in 1954 is atill in t n condi ion. Since our policy on concrete installation and r p ir h s r in d conaiatent throuqhout ye re, are convinc h you auat h ve p 14 tor concr te in 19 4 t but ve v no r cord th you v re charq tor paving a ti e. A l of e a r eta in your area have n n in a paving ia ic • Aa an e~aaple, th 4600 bloc ot South v • in v1n9 D atrict Mo. 13, 19 31 the 4600 bloc ot South Bannock v .. n P v n9 Dis ri o. 22, 19751 n4 46 00 block of Iouth 1 r v • n P vinq Dia ric o. f, 1956. I . • Mr. Heraan DeVliegher 4610 South Cherokee St. Englewood, co 80110 April 13, 1988 Page 2 • • • No adjust•ent in the assess•ent was reca..ended by Staff or allowed by City Council. Please feel free to contact .. for any additional inforaation or clarification. Sincerely, Densel Ragland Director of Engineering Services f lo ReplyAP2 I . - • April 13, 1918 Ma. Suaan LiJike 3216 South Grant Str .. t Englewood, co 10110 Dear Ma. Lillke: • • • We are in receipt of rour aaaea ... nt proteat letter for Pav1ft9 Diatrict No. 32, and t vaa entered into the record at the public hearing on April 11, 1911. The ten f .. t of concrete aidevalk referred to in your letter will be rftiDYed and replaced at no coet to you. No furtber adjut.ent vaa r~ by Staff or allowed by City Council. Plea .. f .. l rr .. to contact .. for any additional infor.ation or clarification. Sincerely, Den .. l llafJland Director of Eft9ineerinq Service• /lo lyA I • - April 13, 1988 Robert ' Roae Navratil 2880 South Lincoln Street Englewood, co 10110 Dear kr. ' Kr•. Navratil: • • • We are in receipt of your aa .. a ... nt proteat letter for Paviftt D atr1ct •o. 32, and it vaa entered into tbe record at tbe public heari"9 on April 11, 1911. The City council, per Ordinance •o. 21, 111'7, ~ tbe need tor ~ 2100 block of South Lincoln to be included 1n ..,in9 Dis r No. 32. A public bearint for pu.z-po.e of proteatint ncluaion in the Di•trict va• held on .. reb 7, 111'7. our r cord• abov tht thia ie the tint t~ tbe 2100 IUock of So L ncoln ltr .. t ha• been 1n a pavint di•trict. It been policy of the City ot lbiJlewoocS to include a et in a v 'ft9 d1etr1ct only on~z however, by ordinance, COftCrete a and curb ruain adjacent owner•• r ibiU y. d •, b ver, ve a tvo-y r warranty . I . • - Robert ' Rose Navratil 2880 South Lincoln Street Englewood, CO 80110 April 13, 1988 Paqe 2 • • • No adjust•ent in the a••e•• .. nt va• reca..ended by Staff or allowed by City Council. Please feel free to contact .. for any additional inforaation or clarification. Sincerely, Dense1 RaCJland Director of En9ineerin9 Service• /lo ReplyAP4 I . • • • April 13, 1988 Mr. Madaen Mr. Fred Vondy, Attorney 1776 South Jackaon Street Denver, CO 80210 Gentleaen: We are in receipt of your aaaaaa .. nt proteat letter for Paving Diatrict No. 32, and it vaa entered into the record at the public hearing on April 11, 1988. Thank you for your ca.aanta at the public hearing. Per Englewood ordinance, the concrete adjacent to a property 1• the reaponaibility of the owner. Tbe concrete repair• to thia property totaled $1,073.39. The re .. ining AJM)Uftt of the UHaaaent (12,384.30) b for paving 3500 South Grant Str .. t. En;levood'• ordinance and policy ia deaigned to apportion the coat• for atr .. t conatruction on a benefit baaia a• fairly aa poaaible. The entrance to 300 z. H apden front• on 3500 South Gran Street and the parking layout b d •igned for n aring v a tvo eurbcuta on South Grant Street. rty baa U eel by n a n 9ainat thia property for Gran oyc aitb , Raaltor/Appraiaar, 4i4 t atify cont1raift9 h • opinion. .. I . - Mr. Madsen Mr. Fred Vondy, Attorney 1776 South Jackson Street Denver, CO 80210 April 14, 1988 Page 2 • • • No adjuataent in the aeeeeeaent vae recoa.ended by Staff or allowed by City Council. Pleaee feel free to contact ae for any edditional inforaation or clarification. Sincerely, Denael Ra9land Di rector of Enqineerinq Service• /10 ReplyAP5 I . April 13, 1988 Ms. Becky zi ... rle 3064 South Lincoln Street Englewood, CO 80110 Dear Ms. Zi erle: • • • We are in receipt ot your assess .. nt proteat letter tor Pevinq District No. 32, and it vas entered into the record at the Public Hearing on April 11, 1988. The City Council, per Ordinance lfo. 21, 1917, deterainecl the need tor the 3000 block of South Lincoln ltr .. t to be inclUded in Paving Diatrict No. 32. A public bearing vaa held on Karch 7, 1987. I . - • Ks . Becky Z~rle 3064 South Lincoln Street Englewood, CO 10110 April 13, 1988 Page 2 • • • No adjustaent in the aaa_a .. nt vaa recouended by Staff or allowed by City Council. Please feel tree to contact .. tor any additional intoraation or clarification. Sincerely, Denael Ragland Director of Engineering Servi~ /lo ReplyAP6 I • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM StaJECT Miy Z, 1988 9 Paving District No. 32 Final Reading of Ordinance 1 NIT 1 ATED BY ___ D_irec __ t_or_o_f_E_ng_inee __ ri_ng_Se_rv_ic_e_s __________ _ ACT 1 ON PROPOSED, ____ P_a_ss_• __ o_f_o_rd_i_nlftC __ e_ot~ __ fi_n_a_l_re_ad_i_ng_app __ ro_v_i_ng __ _ and confir.ing the assess.ents for Paving District Mo. 32. Paving District No . 32 was created by Ordinance No. 21, Series of 1917, by City Council Oft April 20, 1917. This District provided for the cot~struct ion of sa.e new asphalt streets; overlay of other asphalt streets; construction &nd /or replac~t of concrete curb, gutter and sidewalk; and necessary inciden tals. 111Provaet~ts were constructed in the s.-r of 1917. Property wners, IS es · tablished in the creating ordinance, were responsible for paying for the IS · ph1lt pav..ent and the concrete adjacent to their property. These assessable costs were calculated in early 1911 . On "-rc 7, 1•. City Council passed on first reading the bill for ordin e assess ng the property owners for the costs of adjacent asphalt and concret . le ters re •11M on Narc 11, 1• to all property owners with in t dts · trtct, notify ng t oft tr asses ts and also t date oft publ c ar ng to spe a to City Council on t r asses ts. t proltsts and asses t s are rec: .. ~en~Md &rant St w 11 bt , . I . . - • • • • FUIMCIAL Finll costs for Plving District No. 3Z lre lS follows: ltECCIIIEimATI. Total Assessable Costs Total City Costs Total Project Costs The following •tion is rec Rded: SZ58,695.Z8 1Z7 ,046.60 385,742 .• 1) That City Council approve on fh•al reading Couftcil I ill ID. 6 approv· ing and confirwing the tllhole cost of U.. illfn·....-ts _. w1tltin ,awing District ID. 3Z in the City of Englewaod, Colorado; ...,rovint Mel confirw- ing the apporti-t of the District; asseui"' a share of said costs against each lot or tract of lMCI; lftd prescribint the ..,..r for the col - lection and pa~t of said assesSIIeftt . , ... I . . ORDINANCE SERIES OF • • . . • 9 C" BY AUTHORITY NO. _jJ_ 1988 COUNCIL BILL NO. 6 INTRODUCED BY COU~ MEMBER JKUO~I~.T~A~Y~-------- AN ORDI NANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE WITHIN PAVING DISTRICT NO. 32, IN THE CITY OF ENGLEWOOD, COLORADOJ APPR OVING AND CONFIRMING THE APPORTIONNENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT; ASSESSING A SHARE OF SAID COST AGA I ST EACH LOT OR TRACT OF LAND; AND PRESCRIBI THE MANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENT. WHEREAS, by Ordinance No. 21, Series of 1987, finally passed and adopted on April 20, 1987, the City Council of the City of Englewood, Colorado, has created Paving District No. 32, within the Ctty for th purpose of constructing and installing street paving, curb and gutter and sidewalk U.prov .. ents, tOQether with necessary incidentals, on certain streets within the Cityr and WHEREAS, the illlprov .. ents authorized by said ordinance have been substantially coapleted , and the whole coet of such i•prove nts has b en deter.inedr and WHEREAS, an assess-nt roll has been prepared and a sta nt shoving the total cost of the i•prov nts has been duly fil d vtth the City Cler J and th stat nt aade and f led, it appears tha the of said prov nts is the unt of $3 5,741. , o tch o nt he Ctty o Englewood v1 ll pay $127,046. 0 , leavtng S2S ,6 s . 21 to be ass ssed against the real rty vtt 1n h Dtstrtct , sa d ..aunt lncludtng costs o ction, coll cuon and other 1nctd ntals and also nelud no s all d by la 1 nd 'I H CITY TR CITY I -• • . . • Section 1. Confirmation of Assessment Roll. The vhole cost and apportionment of the s.wae within the Distrtct is hereby approved and confirmed. Said apportioru.ent is hereby declared to be in accordance with the special benefits vhich the real property in the District will receive by reason of the construction and installation of the improveaents. A share of said cost is hereby assessed to and upon each lot or tract of land within the District in the proportions and amounts as set forth in the assess .. nt roll, attached hereto as Exhibit A. Section 2. PaYJient of Assessments. The asses ... nts shall be due and payable at the office of the Director of Pinance of the City, on or before June 17, 1988, which is within thirty ( 30) days after publication of this Ordinance following final passage, without deaand: provided that all such asseaa.ents may be pa1d, at the election of the property owner, in installaents, with interest as h reinafter set forth. Failure to pay the vhole assessment withln said period of thirty days shall be conclusively considered and held an election on the part of all persons inter st d , wh th r under d1sabil1ty o r otherwise, to pay in said 1nstallments. An allovanc o 5 shall be made on all payments of s ss nts mad dunno such th1rty day period of tiae, but not thereafter. Such wa1v r of any r c conclus1vely cons1dered to be a h po r o jurisd ction of the h qu 1 y of the work, the dings, th validity or the h val d1 y o the lien -• • • established pursuant to Section 5-12-106(2) and (3), C.R.S., until the date of tax sale, as provided by law. At any ti-prior to the date of the tax sale, the owner may pay the amount of all unpaid installments with interest at the penalty rate set by this Ordinance and all penalties and costs of collection accrued and shall thereupon be restored to the right thereafter to pay in installments in the same manner as if default had not been suffered. The owner of any property not in default as to any installment or payment may, at any time, pay the whole of the unpaid principal with accrued interest to the date of the next assessment installment payment date. Section 4. Assessment Lien. All assess•ents levied against the real property in the District, together with all interest thereon and penalties for default in pay.ent thereof, and all costs in collecting the same, shall constitute, from the date of the final publication of this Ordinance, a perpetual Lv .. \n he several amounts assessed against each lot or tract of land. Such lien shall have priority over all other liens except general ax liens, and shall be enforced in accordance with the laws of th s a e of Colorado . A copy of the ass ss~~~ent ordinance after its final adoption shall be filed wit h the County Clerk and R cord r of th County whereln each lot or tract of land assessed u locat d, for r cord 1 no on th land records of such lots or racts o land. I . -• • • Section 8. Repealer. All ordinances, or parts thereof, in conflic t herew i th are hereby repealed. Section 9. Hearing. In accordance with the City Ch art e r and the Municipal COde of the City, the City Council shall hold a public hearing on this Ordinance, before final passaoe at 7 :30 P .M. or at s uch later tiae on Monday, April 11, 1988, as the City Co un c il is able to hear it in its noraal course. Section 10. Publication and Effective Date. This Or dinan c e, after its final passaoe, shall be nuabered and recorded , and the adoption and publication shall be authenticated by the s i g nature of the Mayor and the City Clerk and by the Certificate o f Publication. This Ordinance shall beca.e effective thir y (30) day s after publication follow i ng final passage. I n trod u c e d , read i n full, and pa ssed on first readino, on March 7 , 198 8 . Publis hed as a Bill for an Ord i na nce o n Karch 9, 1988. R ad by 1 le and pa sed on final read ing on th day of May, 1988. on h A Publish d by 1tl day of May, 1988. rlt s Ordinanc No. __ , series of 198 8 , Susan Van Dyk , Ma yor -4- I . • • • Exhibit A (Attach Assessment Roll) I -• • • -------------------------------- N"-ME A.NO A.OOIHS 1971 34 I 00 001 f1rs t Col o . Ban k & Trust 2696 S. Colorado Blvd . Denv or, CO 802 2 2 1971 34 I 00 002 •J dva rdy, Josef & Eltubeth, J t Ten 271 4 S. Login St. Eng l ewood, CO 80110 1971 34 I 00 028 Rtch, H1rvey [. & Oorothy [., 5 J t Ten • 2725 S. Pen11. St . Engl ewood, CO 80110 lt11 34 1 00 029 ~blttzel, [dtt & Paul , Jt tn, C:O J•dy Onh 1009 lvydllt LIS C ,, es , Ill I!OOS ""'-SUIOtVISK>N Ca.~ at NW Cor of ( Is o f NE .. of Sec 34-4-68; Th E on N 1 t ne of Sd ~K 148 Ft to 1 Pt; Th S It Rt/~ng 130 ft to I Pt; .. Th W It ltt/~ng 148 ft to 1 Pt . . on 11 ltne of E't of liE .. ; Th II Alg Sd w ltne 130 rt to Pt of : leg. & It VIC 1lley 34-4-68 (2702 S. Log1n St.) C,_ It I Pt 130 Ft S of Nil Cor of £it of 11£ .. of Sec 34-4-68; Th [ 148 ft; Th S SO ft; Th 11 148 Ft; Th II SO Ft :to let a It VIc A 11 ey AdJ [a Rds 34-4-68 (2714 S. Lotan St .) let 2M Ft E a eo Ft s of ., Cor of 11£1& of 11£11 of S.C )4. 4-68 ; Th S 100 Ft; Th 11 lll rt; Th II 100 rt; T £ lll Ft to Pt of leg a Is he Alley AdJ 34-4-68 (2725 S. l'tM .) Itt 201 rt r a 30 rt s o f Cof of ['a o f Sec 34; T S l l rt ; II lO rt; S It rt; £ IZS rt, h II ~0 rt, tS Ft • t 34·4- (Z70I S. P St .) $784.28 $73.80 • $lli.OI ~------------------------------------------------------------------ • ,. $ t.U -• • • ---------------------- N.t \\E IU lO AD · ESS 19 7l 34 1 02 008 ~hite, Merlin l. & J osf t V., J t Te n 2119 S. IShtngton St. [ngltwood , CO BOliO I 9 II 34 I 02 009 Mt rrf01 1n , Ke f th A, & Mary J ., J t Te n SOl Pros pe c t £•. J t Y•lt Mano r (211 9 S . WAShing ton St .) . ; I ; I Yale Minor . (2709 S. Wu hi ngton St .) £ 75 Ft of W 79 Ft of N ItS • Ft Bh. 4, Ya l e Hts (656 r. Yale Ave .) E 62's Ft of the " 125 Ft Sub J : to Rts /W•y Ilk l, Ya l e Hts I II , 4 Ft o f M 125 Ft, I l k 4 h ~fs • N 50 Ft o f Wit of Tr 1 l tw i -kt aes "ots A & I , Ya l e HOI (2700 S. Pe nn . St .) S SO rt of 11 133 Ft of " 100 rt of Tr I l tw l nne s hs ,lots A & I, hi e Hill r $213.31 $293.63 $1,449.70 $1,114.46 $163.17 I • • 5 • NAME AND AOOHSS 1911 34 I 04 OZZ roeh 1 er, Th0111as H. 2690 S. High Denv er, CO 80210 ,. Loo - & Ute G., 1-2 • • • SUIDIVISION lloodhwn (ZI OI S. Purl St.) Citrons Sub. (2720 S. Log1n St.) 3-4 'c i trons Sub . (2730 S. Lo91n St .) Brett. htherine 'I , S-6 Citrons Sub . 2740 S. Login St . (2 140 S. Log1n St.) £nglewood, CO 8011 0 1971 34 I OS 016 •oberts , 01 •I d 7-S Citrons Sub. 21 41 S. Pen . St. (27 41 S. Penn . St.) [nglewood. CO 80110 1971 34 I 05 017 llwson, J s r . & C rh tl ne 9-10 &ltrons Sub . "·. Jl en 131 S. Penn . S t~ 2737 S. PtM . St. r I d 11·12 Clti"Oft Sub of "ot I ltn (2735 S. Penn . St.) 10-11 a Alo ... nclllt (300 C. hie A ... ) ll-ll • """' l l t (t70l S . LOflll St ,) 10-11 J ,..,. St I ' u $1,648.67 $73.80 $73.80 $73 .80 $73.80 hit Hi 11 $73.80 $335.01 •1. S7 • •• I • • I no. 1971 34 l 09 004 WAtson, Parker B. 27Z4 S. Broadway Engl ewood, CO 80110 19 71 34 I 09 005 Watson, Parker B. 27Z4 S. Broadway Englewood, CO 80110 1971 34 I og 006 Watson, Parker B. 2724 S. Broadway Engl ewood, CO 80110 1971 34 I 09 007 Hifbschlu n, Joyce 6705 S. Logan St. Littleton, CO 801ZZ 1971 34 I 09 008 Ha • Ins, El wood S., Jr . S 669 S. Bridger Ct . Littlet on, CO 80 121 1971 34 l 09 009 Broc , Ja-es E. 6 1000 C. Stan f ord Ave . Englewood, CO 80110 • 10 I rt ln fl • • • ""'- 5 Kfllles Sub . Res. 2/3 · ( 2718 S. Broadway) I Kfllles Sub. Res. Z/3 7 & H\ Lot 8, Blk I, Kfllles Sub . ltes. 2!3 10 II, 12 (2724 S . Broadway) Sit Lot 8, all of Lot 9, Ilk . I, Kflllts Sub Res Z/3 (2730 S. lroadwa ) kfllfes Sub Rts 2/l (2738 s. lroadwoy ) Kill fes Sub ltu 2/3 ( 2750 S. I roadway ) 37 & S\ of ll, II . I, Kllllts Sub Res 2/3 (2739 S . Lincoln St.) II Lo t ll, all of 39, Ilk . I, fllits Sub Its 2/3 (2737 S . ltfiColn St .) Lot 41, ell of •z. lh. '·~ llllts Su Rts Z/3 (l727 S. LIIICoh St.) I, llllts $42.85 $42.85 $64.28 $64.28 42.85 $85.71 $64.28 $64.28 $64.28 $64 •• • 1911 34 1 09 029 Noakes, leon l. & fer,n H., Jt Ten 16 L Yale Ave. Englewood, CO 80110 1971 34 I 09 030 ~aestu, ThOINs v . & Glenyce 2 A., Jt Ten 6980 S. MirShlll St. ~ties , :lavld l. & N1011t l. • 7891 S. li nco ln St. Englewood, CO 80110 1911 34 I 10 014 ~eel, Bobble J. s 2877 S. lincoln St. [ngl d, CO BOliO 1971 34 I 10 OIS Hall , Ro ber l. & ••110111 r. , • Jt len 1175 S. LfiiCOIA t. [n I <I t II Lot - 25- 26 • • • £SOft of lots 1-3, Blk . I, IKillles Sub Ruub of Z/3 (16 E. Ya l e Ave.) II 7S ft of lots 1-2, Ilk. I, llllles Sub Res of Blks 2/l (2700 S. lroadooay) Kllllts Su b Res 6/7 (21 E. lates Ave.) ll fe estlte for [dytlle M. 27-4 Kill t es Sub Res 6/1 28 (2191 S. lincoln St.) 29 & Sit of 30, Ilk. 4 , Ktllles Sub Res 617 (2877 S. lincoln St.) II\ lot 30 , all of 31, Ilk. 4, • tllte~ Sub Rn 6/7 (2175 S. Lincoln St.) ••-C.,ll & s•1 of )), II • 4, llllet Sub 611 . (lUS S. lhw:oll\ St.) • ' ,. ., II •• ~-. )6 tlllu S RH 6/l ,,,1.1 ,, .... l .) n & P. of ll. II 4, Hll ,, s. liiiCOI• St . I 4, $287 .42 $772 .8 3 $1,075.00 $793.79 $673.86 1,384.73 $673.JS nu. 4 I -• • - DlSCIIPTICJN 01 NOI'UTY 1? 1 34 I 10 0 24 Dr ee s , Ro bert Don•l d & Plor garet C., Jt Ten 280 1 S. Li nco l n (ng lewood, CD 8011D 19 71 34 I 11 009 LeH er, J anet Plor l e 5569 S. Greenwood St. Lit tleton, CO 80120 1911 34 I 11 DI D Husu nder , He l en (. 2939 s. Li ncoln St . Eng l ewood, CO 80 110 'A.elh, I l.o llod< SUIOIVISIOO< 47-kll li es Sub Res 6/7 48 (2801 S, Lincoln St .) 25 I S 3/4 of 26, Slk . 1, Str1yers Bdwy . Hts . (2991 s . Lincoln St.) "" of Lot 26, 111 of 27 I Sit I of 28, Ilk . I, Stroyers ldwy . Hts. N't Lot 28, 111 of 2t I lO I S't o f 31 Blk . I, Stroyers Bdwy . Hts . "-"Lot 31, 1 11 of 32, Ilk . 1 , Stroyers ldwy . Hts . (2963 5 . Li ncol n St .) ll 1 5\ of 34 ,11 1. Stu yt rs ldwy . Htt 12'961 5. li1>Col11 St .) lot 14 , e ll o f JS , II . I, Stnyers I 1 Hts . (ms s. Lt~~eol St .) 1 $695.42 $818.25 $1 192.15 $!J96.07 $596.07 $596.07 I . NAME AND ADOHS.$ 1971 34 I II OZ4 lletzel, Viv i enne "· Z915 S. Li ncoln St. (ngl ew ood, CO 80110 1971 34 I 12 Oil • • • OESatPTIOH Of I'IIOI'UTY ..... - 43- 44 Strayers 8dwy. Hts . (2915 S. Lincoln St .) Un lled M-rhl Service Corp . 25-8 Strayers Bdwy . Hts. 91 £. OartJIIOuth An . 26 (91 E. Dartooouth Avt .) Englewood, CO 80110 . 27 l S't of 28, Ilk . 8, Stny•rs 8dwy . Hts . (3083 S. lincoln St .) Mit lot 28, all of 29, llt . 8, Streye" ldwy . Hts . (3077 S. li11Coln St .) 30 l s of Jl, lh . 8, Stn_,." 8dwy. Hts . (3071 S. lincoln St.) $794.77 $794.77 $803.08 $826.88 ·~---------------------------------------+--------------------- 1971 34 I It OIS Aooerlun n1onal li e 1'- lro trs, Inc. 17U 'htte St , IUZ $745.95 ,, ,, I . 1971 34 1 12 OZJ thompson , Duan~ Clark, C/O Dorothy [. rerrara 3?17 Spru~ll Or. rens 1 ngton, 1!0 20895 • • • Lot - et al 44 & S'l of 45, Blk . 8, Strayers Bdwy. s .. Hts . (lOIS S. Lincoln St. I r 68 ft . of N. 20 ft. of lot 4 7 & £. 68 Ft . of lot 48, Ilk. 8, Strayers ldw. Hts . l I S W 56. S ft . of N 20 Ft. of lot 47 & W S6.S H . of lot 48, Ilk . 8, Strayers ldwy . Hts. 4 & N'l of lot 2, Ilk . 7, Strayers I y . Hts . U & (3000 S. lincoln St. I S't lot 2, all of 3, Ilk . 7, Strayers ldwy . HU . (3010 S. llncolft St.) .) $1,231.80 $675.55 $437.05 $278.24 $596.07 $1,434.98 $397.38 I .u - NA.ME AND AOOIESS 1971 34 1 13 Oil Zumerle, Kenneth J. 3064 S. lincol n St. £n9lewood , CO 80 11 0 lOI- 17- 18 • • • SUMHV ISION Strayers Bdwy . ltts . (3064 S . lincoln St.) & Htllrr, 19 & N's of 20, Blk . 7, Strayers ldwy . Weeoos, Harry 3078 S. li ncoln St. [nglewood, CO 801 10 1911 34 1 13 01 4 rrerktng, Dean A. & Renee 3oq S. lincol n St. £ngl ewood, CO 80110 1971 34 1 14 012 ~A ., • rt Hts. (3072 S . Li ncoln St .) s; of lo t zo, all of 21 & zz.J Blk . 7, St rayers lclwf . Hts. (3078 S. lincoln St.) 23-Str•yers ldwy. Hts . 24 (3096 S. lincoln St.) 25 & S\ 26, lllk . 6, Strayers ldwy. ( 285 £. 01rt1110uth AYe . I 1 1 Hts l Nit lot 2 • Ill of 21 I Sis Of l , Ilk . 6, St rayers ldwy . Hts. (JOBS S. Graftl St. II lot ll, all of zt, Ilk . Strayer~ lclwy . Hts . (l07 S Grant St.) )0. 6 Strayei"S I y . Hts. ll (l011 S Grtllt St.) Jl. ' su., ..... • y . Hts. ]) ( CMI ~-l'irant St .) ' Strt ..... Hts , I lOlt S. l'irtAt St.) , . $794.77 $72 4 . OS $1 ,0 35 .74 $794.77 $864.83 $794.77 $1,048.4 3 $l,l49.87 nu. I • • • • NAME AND AOOIUS lAO - SUIOIVISION 1971 J4 I 14 022 Herndon , Richard L. & Susan L., 46 -6 Str•yers Bdwy . Hts. Jl Ten 48 (3001 S. Gront St .) 300 1 S. Grant St. (nglewood, CO 80110 1971 34 1 15 001 Semfch, John 11114 W. Pacif ic Ct. Lakewood, CO 80227 1971 34 I IS 002 Shepard, Norbe rt D. 2951 S. M•dfson St. Den•tr. CO 80210 S liboyt• 1-2 5 Str•yer> ldwy . Hts . (3000 S. Gront St.) 3 I N 22 ft. of lo t 4, Blk . 5, Stroyer1 Bdwy . Hts . (3012 S. Gront St.) S 3 fl . of l ot 4, 111 of 5, I ~ ,N 1/8 of lo t 6, Ilk. 5, Stroyers Bdwy. Hts. ' S 1/8 lot 6, •11 of 1, I " 3/8 Blk. 5, Strtyer'1 ldwy . J S 5/B th of lot 8, ill lots I 9-10 S tr~yers ldwy . Hts. (3032 S. Crut St.) 11-5 Str~ytrs Bdwy . Hts. 11 (3040 S. Cr•n t St .) 13-Strtyer1 ldwy . Kts . 14 ( S. Cr•nt St.) $1,192.15 $1,084.71 $747.08 $1,840.34 $1,404.49 $1 0 4 3.05 7 110 794. 77 I • S 16 1 • 77 n . , I . • • • OfSCitlf'fiOH Of -·"' NAME A.NO A.OOifSS 1911 34 I 25 00 1 Hogan , [dward W. 2902 S. Linco ln ~l. [nglewood, CO 80 110 1971 34 I 25 002 r11 c o II , Pat C. & Jo an B· .. J t T ~n 710 1 s. £stes St . l ttl t ton CO 80 123 9 0 C mpbell. Rob~ru P. ~9 1 2 S. Lincoln St. (nql twood , CO 80 11 0 19 71 34 I 25 00 4 Asp r oiiiOn t~·P iccol•, Clara B. ~928 S. li ncoln St . £nglhlood , CO 80110 1971 34 I 25 005 As pro nte-P fc col I , Chr a I. ~928 S. Lincol n St. [nqlewood, CO 80 110 1911 4 I 2 006 [llt" ~rg•r. Goldie l. ·" S. lincoln St r~ 1 d, co eono lol- 1-2 3-4 5-6 Stra y~rs 8dwy. Hts. (2902 S . Lincoln St.) Stray~rs Bdwy. Hts . (2910 S. Lincoln St .) Stray~rs Bdwy . Hts . (2912 S. Lincoln St.) 1 & N't of 8, Blk . 2, Strayers lclwy . 10 Hts . (2928 S. Lincoln St .) S', of Lot 8, all of 9, Ilk . 2, S tray~rs Bdwy . Hts . S tray~rs Bclwy . Hts . (2936 s. Lincoln St .) II-Strayers lclwy . Hts . 12 (2946 S. Lincoln St .) , ,. • 2, Stre,ers lclwy . lincol n St . I S\ or lot u, ell of IS, Ilk . 2, Streytrs lclwy . Hts . (2958 S. li ncoln St .) o f 17, II~. 2, Stre-"" Ills. ( c S. Uncol11 St ) .. •• t ,) $794.77 $1,708.78 $2,209.19 $657.49 $596.07 397.38 $794. 77 $721.90 $596.07 $596.07 .07 I . ., . , • - • • OESatPTlON Of ,.OPIIIY NAME AND ADOlf$$ lot -sueDIVISION 1971 34 I 26 001 Tho.,pson , loran r. 1-2 Ktllf es Sub Res 6/7 IJS4 S. £l•o t St . (2800 S. Lincoln St .) Denver, CO 802 19 1971 34 I 26 002 Coo k, Rob ert A. 3-4 Killies Sub Res 6/7 2816 S. Lincoln St. (2816 S. Lincoln St.) [ng lewood, CO 80110 $794. 77 1971 34 I 26 00 3 St e1nboch, Chris topher Joh n 5-6 K illf es Sub Res 6/7 l6l0 S. L•ncoln St. (2820 S. lincoln St .) [ngle..ood, CO 80 110 $1,164.29 1?71 34 I Z6 004 Archuleta, flutero 0. • 7-8 tlli es Sub Res 6/7 (rlin • M., J t Ten ( Z82 S. Lincoln St.) 282 S. Lrncoln St. $2,255.07 [n. I d r t-10 3 Kill tes Sub Res 6/7 (28 40 S. li ncoln St.) $794.77 11-12 J lllies Sub Res 6/7 (2842 S . Lincoln St.) 794.17 IS 6 II of 16. Ilk. J, tlllu Sull Resull 17 (2 6 S . Lincoln St .) $730.57 Sull $653.20 li-lt l $1,095.:.l5 • ' • 2 1'1/1 1~ ? lll 001 'l'lllll'· '• (lnl h ~"·l.J t;. Att•l'h) St. (n·Jiew<•od, CO 80110 I o 71 34 2 0 I 002 I 9 I 1 4 Z OJ 00 5 Bos on , rr1 n 1f n £. 3~1 ts tid d . (hll tth , co 8010 7 • • • lot llocll; ~toi VI SIOI~ 1-2 l d lNild ( 2700 5 . AeON St.) 0 3-4 9 JdlNild (2710 S. AeON St.) 5-6 JdlNild (2718 S. AeON St.) 7-8 9 ldltw 11 d (2726 S. AeON St.) 9-10 ld1N11d (2734 s . Acou St .) ll -12 9 Jd l NI l d (27 42 S. AeON St .) 36-37 9 JdlNtld ( 2 49 S. 8ro1dw1y) 4 2-44 9 Jdl N tld (2709 S. Broadwly) " r. •s-u ' 141 tw ll4 (Z70S S . lroa ty) •o..•J t 141 1" • uns s. •• • ' )t ' \. 10 •• ,,. f (.1 S. II St .) •• , 114 ( 711 s ... I ,) ... $121.52 $121.52 $121.52 $121.52 $121.52 $60.76 $182.28 $2,745. 15 $121.52 $121.5 $1, U l . 4 I • - 6 • • ,. • --------·------- ! .. AM( AHD ... 00~ ES.S lt lhc\ SUftl IVISI(.:f 4 1 11 J -l z 0 2 no4 V1g ll, [u ,J ene ~-I Ua1ne A., 1-8 10 Idlewild J t en (2728 S . B1nnock St.) 21:'8 S. Bannoc St. [n:jltwood, CO 8011 0 1971 34 2 02 00 ~ C•mr~ell, Wln1fred V. 2 736 s. ean.oc k (nglewood , CO S0110 1 q I 34 2 02 006 'larshal , Ru th M. 163 0 s. ~ull'boldt Sf'. Den er, CO 80210 1971 )4 2 02 018 9-10 10 Idlewild (2736 S. Bannock St.) 11-12 10 Idlewild (27 42 S. Bannock St .) Carhon . Jl,.es B. & Dianna L .l7-J8 10 Idlewild 70~0 renros e Ct. (27 43 S . Ac0011 St.) Lll leton , CO 80122 l q7! )4 2 02 019 Reed , Thou Ralph :'409 S. She,.an St. Denver , CO HOllO 19 71 34 2 02 020 Brust, Laura L. 2'19 S. ACOIII St. (nglewood, CO 80110 19'1 ~4 z oz ozz ~e rtr. 0 nut [lien 39-40 10 Idl ew ild (2735 5. ACOIII St.) 41-4Z 10 Idlewild (2731 s. Aco1111 St.) 43-44 10 Idlewild (Z71t S. ACOIII S t .) ·~··' 10 lcll tw ilcl I .711 S . Ac St. (Z711 S . AeON S t .) tnglewood, CO 80110 41-48 10 lcll tw ld (Z701 S. AeON S t .) l·l II lctltwllcl 10 (t700 S. C tro u St .) II " Jt 10 II s. 1lf •• c • ( t.) $124.07 $124.07 $124.07 $124.07 $124.07 $124.07 $124.07 $2 48 .14 $736.57 Ull.tl I • 11 l. s • • • ------·------ NAM £ ANO J OOIH 1q J 1 )4 ? (l] 006 Cues t .l, D•n•c1 t. & Li nda 00ylP , J t Ten Z/'oO S. Cherokee St . [nglewood, CO 80 110 1Q71 J 4 2 OJ 0 19 Scot t, Margaret 27J1 S. Bannock St. [ngl N OOd, CO 80110 l ol '*~ SUIOIVI$10N 11-12 11 JdlNlld (27SO S. Cherokee St.) I 37-38 11 ldlNild (2743 S . Cherokn St .) ' 39-40 II Idlewild 1(2737 S. B1n110ck St.) 41 -42 11 JdlfWild (2727 S. 81nnock St.) & 43-44 11 Idlewild (27 19 S . a.nnock St .) l Joy J . ,45-46 11 ldlfWild (2711 S . llniiOCk St .) 47 -48 11 ldlewtld (270) S. l1n110ck St.) ( 9 rt . o f LOU 1-4, Ilk, ll, Jtl ew tld lll4 w Yilt ~ ... ) w 46 rt . o f Lots 1.4, 11 It: ltlewllt (l7 S. l MOirt St.) •. u 1411 .... 114 (Z1 0 S. 1 lrt St ,) $127.90 $127.90 $127.90 $127.90 $1 293.60 $1 ,535.13 $789. 5l $130.24 I -• • • N~MI ANil Al'lltlfS$ ... - 1·111 1•1 : 11 ·1 n:·n .,,., l"t'l.lt"Y nt lln11\ln•1 & Urh.ln 41-47 12 ldl.,.ild tlo•vo•lnpmo•nt (272 5 S. CherokH St.) 14 11 '• turtl\ ~t. llo'IIY!'r, (l) HU~07 '''" 14 •• n4 on f h .tltnt• I , (;,, ry l . .'Il l~. fht•rokre St. I n<1lrwnnol, CO 110110 I '1/l 14 .' 11•1 11 7~ 43-44 12 ldlftlild (2717 s. Cherokee St .) A., Jt 45-46 12 Idlewild (Z711 S. CllerokH St .) 12 ldlftltld (7101 S. ChrrokM St .) "''""'•· ~"''''I I. & Y1ck l r 41 -42 " ' It It·~ LIO ll lllh ,,,,, •• Ae<l , (2171 S. Del-re St .) J/ li t h Avr • .,,.,,.,.""'. en IIOOJo $130.24 130.24 $130.24 $2,243.28 $130.24 . ~--------------------------------------------~~~~------------- Terry 's Add . (1119 S. Del-re St .) lerr,·s AM . ( UO'i S Del-re St .) 130.24 2 l"'"f'' AM . UIO S, I-re St .) l ,,,.,.,., --·· (lJ S, I-re St .) $130.24 I • 2 5 N ...... E AND ADDitf!.S 1?71 34 2 05 021 S"'11ey , Gary W. 2742 S . [latl St. [ngl ewood, CO 80110 Roelker , Den nis L. Encutt ve Club Bldg., Sutte 11 010 17 77 S. Htrrfson St. •~& Denver, CO 802 10 1(., • • • lol -SUIOIV1110N ,Put of Lots 37·38 Desc. IS I Beg . at SE Cor. Lot 37; Th . WJ 125 Ft.; Th . N. 25 Ft.; Th. E;, 25 Ft .; Th. N. 20 Ft.; Th . E. 37 .63 Ft .; Th. S. 12.03 Ft .; Th. E. 4.09 Ft .; Th. S. 2 .63 Ft .; Th . E. 5 Ft.; Th. S. 23 .34 Ft.; Th. E. 53.28 ft .; Th . S. 7 ft. to Beg . 74 I I Rose Add. (JIOO S. Grant St .) 2-3 Rose Add . (3106 S. Grant St .) 4-S I Rose Add . (3120 S, Grant St .) 6· 7 Rose Add . (3124 S. Grant St .) ... I Rose Ad4 • (3134 S. Grut St .) 10-24 I aon AM . 0 190 S . Crut St.) t hu Add . (lS £. [UUioln A ... ) ''·" I .... Add , ()II) s ra11t St ) ,. ' st Ad •• ()117 s . r ••t St ,) rtltt Sl ,) ) t t A OIU ~. .. .. , t .) 6 2.0 5 $889.30 $794.77 794.77 77 $856.19 $9,125.81 I • 7 4 . 77 @ • • • NAME AND ADOIIlSI .... -IUIDIVISION 19 71 34 4 06 018 Ber tha, James R. & Robert 0 . , 35-36 Jt Ten Rose Add. (3151 S . Cr•nt St .) 3151 S. Grant St. Englewood, CO 80110 1971 34 4 06 019 Peechln, C ~rollne A. 314 5 S. Cr1 nt St. Englewood, CO 80110 Chlru , O•nlel 0. 31~7 S . Cr1nt St . Inglewood , CO 80110 19 71 34 4 06 022 A• ty, lhoon.ls Rob ert C/O U. S. Mor t g1ge 1 16 Hi dden A•e . N 37-38 2 Rose Add . (3145 S. Grtnt St .) 2 .Rose Add . (3135 s. Grut St .) 41-42 2 Rou Add . (3127 S. Gr•nt St.) 43-44 2 ~ose Add . (3 121 S. Gront St.) 45 & 5'1 of 46, Ilk. 2, Rose Add . (lll1 S . Grtnt St.) II\ lOt 46, 111 o f 47-48, Ilk. 2. llost Add . (lJOJ S. Gront St.) ~Ost Add . (275 C. rloyd A ... ) 1 aose Adt . (llll S. Cr1nt St .) Z9·l0 7 llou Ut. (lZH S. Cnnt St .) rt~ 5 .) lt .• , 4," . 1, ,, ( ) 5 , r1 At It ,) $794.77 979.26 $794.77 $1,513.78 $596.07 1 173.07 $98 0 .04 1 306.58 $1,275.39 I I •• I 11 ·1 I I ll ,'ll 1:v.n1 •. h1h11 l1mothy f vulln .• 1 t 'l' •• It Ten t.'.'J ~-(~t.Uit 'l t. ln•t l<"'""'· I 0 ROll O I q 'I 14 I 11 0~1 ullovdn, fl o rence C. 1;11 ~. Cr•n t St. ,,,,,1 "'' • co ~011 0 1 •t I 11 4 11 o:s ... ~.1.1 w. Ot ttl n raul 6 1.'111 \, t.••n t St. 1 "'"t'w'''"'· co !10110 IQ'I tl I IZ 001 \ 1ft. frM'ICfS l. J ~OO S Co ~n t St . f n•J1t'wo•~•l, CO 1'0110 Jr. • • • ---------------- SUIIJI VI$101 -4 N 5 lt. o f Lot 38, all & s. 5 fl . or 40, Blk . :Rose Add . (3223 s. Gnnt St.) or 39,:, 7. ,• I t' N 20ft. of Lot 40, all of 41, Ilk . 1, Rose Add . (3221 S . Grant St .) et 42, S'> of43, Blk . 7, Rose Add. (3219 S. Grant St .) .. -~ ~ I N'l Lo t 43, all of 44, Ilk . 7,) Ron Add . (32 15 s. Grant St .) 45-46 7 Ro u Add. (3211 S. Grant St .) 47-18 7 Rose Add • (3101 S. Crant St.) 1-Z B Rose Add . (noo s. Gr1nt St) , N 16 rt . a ln. or lOt 1, all • or 3. lh. I, Rose Add . (3216 S Cran t ~t .) S 8ft. 4 ln. of lot 4 , a l l of 5, & N. t rt . of lot 6 , Ilk. • e, Rose Add . $678.93 $715.29 $S96.07 $903.70 $9 4 6.4 3 $1,019.38 $1,105.84 $651. 7l t7U, '77 I . - ( • • • • DESCI,JION Of I'IO'fllY NAME AND ADDIOS 1971 34 4 12 009 Putman , Jodi~ M. 3254 S. Grant St. [ngl NOOd, CO 80110 Gilb~rt, J . S~th 3284 S. Grant St. [nglftiOOd, CO 80110 1971 34 4 12 014 lhONs, Dorothy C. 32')4 S. Gran t St . £nglNOOd, CO 80110 1971 34 4 12 026 3270 S. Gr1nt Yonturo s 3270 S. Grant St . (ngl NOod, CO 80110 1')71 35 2 00 039 McClung , Rup~rt P. I Ruth(., ' Jt T~n 2100 S . Ogden St . En ltwood, CO 80 110 3 200 040 11, R bert M. I Miry A. c. Yilt •••• d, co 110 10 IUIDIVISION 14-15 8 Ros~ Add . '(3254 S. Gr1nt St.) '20 & N't of 21, Blk. 8, Rose Add . (3280 S. Grant St.) -, .• S't of Lot 21, 111 of 22, Ilk . J 8, Rose Add. (3284 S. Grant St .) I 23-24 8 Rose Add . (3294 S. Gr lnt St.) 16-19 8 Rose Add. (3270 S. Crut St .) Thtt llfrt of NE .. of W0. of 1111 '• of Sec . 35-4-68, More Part . Oesc n c-It • Pt which h 30 Ft S I 480 .86 Ft . W of N( Cor or NE of 1111\ of Nll'l or .I Sd SK 35-4-68; Th. S 75 rt .;, Th . W 150.29 ft. 11/L to E It"' S. Of4e~~ St.; Th. N. 75 Ft . Al t . (. li ne of S. Ogde~~ St .. Th . £. 150.2' rt . to Pt of leg . (2700 S. 094t• St,) C • H I Pt . tc It JO rt . S. t l O.S7 ft. . of N( Cor , tf tf of Sec . l · 4-, f S. ttl.7 rt .; Th . II , 150 .11 rt .. T , •· tti.Sl rt ., T , (. I 0 tt rt . to Pt. o f • .... (10 c. • •• A••·) 1 364.54 857.08 872.45 1 237.37 1 901.73 I • • 197 1 35 2 00 042 Schroeder , Robert l. Marl lynn A., Jt Ten 1100 E. Yale Ave. Englewood, CO 80110 1971 35 2 00 047 Bisgard , J1ck R., Sr. Lorene J. , Jt Ten ?60 S. rulton St. Denver, CO 90~31 OeRutttr, RI)'IIIOnd C. I florence 1\., Jt Ten 1150 E. Yilt Ave. Englewood, CO 80110 1971 35 2 01 001 Yogt, llu .. ret M. 2700 S, r .. rsOII St. £ngl d, CO 80110 lol - " ,., t.n. H I· • • • SUIOIVISIOH COM It I Pt Oil S ltnt or Yilt Ave 330.57 Ft WI 30Ft 5 or liE Cor or liE~ or IIIII& of 1111 'I of Sec 35-4-68; Th E 75 Ft; •Th S 149.35 rt; Th W 75Ft; Th II 149.35 rt to Pt of Itt ( 1100 E. Yilt Ave.) PlrCel of hnd DISC. IS leg , 1t • Pt whtch Is 30 rt S I 30 rt w of liE co~ of IIE'I of 1111'1 of 1111'1 of 5ec.35-4-68; Th S Alg W ltne of 5 Oowntng St 1 Otst of 74.53 Ft; Th W ISO rt; Th II 75 Ft 11/l to S. ltM of Yilt Ave; Th E ISO rt to Pt leg 30 rt S a 180 rt 11 of II( Cor or II~ W. W. of Sec 35- 4-68; Th 5 75 rt; Th E 20 rt; Th S 75 rt; Th W 83 rt; Th II 149.35 rt; Th £ 63 .07 rt, 11/l to e.g . (1150 £. Yilt Ave .) ll~torll oflot1,11k2, McChtrs Forest Ht11 (2700 s. r .. rso11 St .) lilt of of lot 4, 11 2, Chlrs Forest Ht11 ( 2701 S. DtMII St.) Plot I, Ilk . 1. McCl1tn ro,...t HI II (2700 $, Chrh011 St.) II 7S ft tf ltt 9, 11 • 1, Cht,.. ro,..u Hll 1 (2701 s. c .. no• St ) .I NA NA NA $259.77 NA $601. 3 4 051.35 I • - • • • • • DISCIII'TION 0* I'IOI'IIIY 6 HAMI AND AOOII!SS 2077 03 I 05 026 Kldb~k S433 S. [mporh Ct. Englewood, CO 80111 2077 03 I 05 028 S1few1y Stores, Inc. 14t06 [. Evtns Av• .• 1200 Arvtdl, CO 80014 Key S1VI"9S & lOin Assn . 1 S690 OTC lh r..,,_.., co ao111 ~77 03 1 14 021 ..._.,1« lt1ltltt Nt Urnon 0 1 Ll•lttd 'ntnenhlp 1776 s • .Uchon St . .,...., •• co 80210 • Lol lloct. 7-11, 40-42 SUIOIYISIOH & Sit lot 43, Tog w/Vac tlley Btwn Sd lots, Except thtt put Desc u hg 1t NE Cor lot 7; . . Th S to 1 Pt lei ng 7 ft S of ,NE Cor lot B, Th II 125 Ft to . E lin• of S Grent St; Th N 16 . ft; Th E 99 Ft; Th NE to let :Except £. 7 Ft of lots 40-42 11nd Sit of lot 43, Ilk. 4, 8 I rches Add to S lcl'fly Hts . ·2nd Flg . ( 3531 s. lo~•n St.) ,lots 14-35 and lot 12-39, Ilk . 4, Tog . w/V.c St. & alltys Adj Sd lots & Ilks, Eactpt parcel One . 11 let. 15 Ft. N of Sll Cor lot 22, Ilk 3; Th E 58 Ft; Th S 35 ft; Th [ 170 Ft; Th N 20 rt; n £ 16 Ft; Th ,SE 44 Ft; Th Alg a curn to the right 31.15 Ft; The Sll 30 Ft; Th II 240 Ft; Th N lOS Ft to l•g & £actpt Ht.ry & hcept E 7 Ft of lots 29-39, Ilk 4 for St. • II rchts Add to S E't Ilk 8, Higgins Eng . Gdns, £a Hlway (3601 S. Clarkson St.) Part of S't Ilk 7, Hf99fns hgltw041 Wns OelC IS let It S£ Cor S'i I h . 7, Th II 6 .1 ft; Th • 17 rt tl 1 I'Ve 1'01; Til II Ill rt, Til S 14 ,31 rt, Til £ 40 rt, 111 • 34,)) Ft, T £ 64 .)) rt, T • 13 .13 rt, Til ( 1.17 H. Ill • 16 .17 rt te let . AlA A,er-t '•reel 0 I II lltt II C ~ Artt A ( 717 l efl ~ An ) $1 732.59 NA $3,505.23 $30 4 .4 10 ~--------------------------------------------~--~~~~------------ "· $ 04. 4b I • • - • NAME AND AOOIUS 2077 OJ 1 14 025 [lllott, Richard H. Glasa tak ls , J•ooes E. 1776 S. Jukson St., Oenver, CO 80210 2077 03 I 14 026 (11fott, Richard H. CIIU fok Is, Jo'"s E. 1776 S. Jackson St. , Denver, CO 80210 lot 1- • • • Part of Sis Blk 1 & s"'-Blk 8, Higgins Englewood Gdns Oesc IS Beg ot SE Cor Sit Blk 7; Th . 'II 6.3 Ft; Th N 18Ft to True . POB; Th E Ill Ft; Th N 74,33 . Ft; Th II 40 Ft; Th S 34.33 1Ft ; Th II 64.33 Ft; Th S IJ .Il ,Ft; Th II 8.67 Ft; Th S 26.17 · 1 Ft to Beg, AKA Apa rtllent Par-_ eel B & " 1nt fn C-n Area A ( 777 E. Kenyon Ave,) Part of Sis Ilk 1 & S"'-Ilk I Oesc u leg It SE Co r Sis 11 k 1 1; Th II 6 .3 Ft; Th N 176Ft to True POl; Th £ Ill Ft; Th • S 74 .33 rt; Th II 40 rt; Th N 34.33 ft; Th II 64.33 Ft; Th N, IJ.U ft; Th II I Ft; Th N • 26.17 rt to leg, AKA Aport-~ ~~ent '•reel C & \; 1nt tn c-1 liOn Arta A (777 C. Kenyon Awe 304.46 $304.46 ·~---------------------------------------------------------- 2077 OJ 4 01 001 !robst, Wtllla• £. & AlleN 1-l 7 1!., Jt Ten 3142 S. C.ylord St. £ I I ~hroder, 1111 & 'hyllll "· '4-S 1 :t91Z S , wn lntto• St . (ngl d. co 80110 2071 ) 4 01 003 Mers-. Joel c. e )914 S . W.thhtttOII St. (ngl~. co 10110 & .. 1-t 10.11 t U ·U s. 1 "u . ( 3901 S. lin hi ngton St.) s .... ,. Hu . (ltlt s. W.thlllttOII St.) S. I y . HU . llt24 ~. w.s~lngto• St .) s. 1 · I'U , ( U4 $, t Ito tlfl St .) t ,) t .) ,) $1,227.80 $818.53 $818.53 $ 18.53 ! . .. I • • NAME ANO AOOIESS 2077 03 4 01 009 Wi 1 cox, Yoko 3978 S. Washington St. Eng lewood, CO 80110 2077 03 4 01 010 • • • lot , llock SUIOIVISION 19· S. Bdwy . Hts . 1 20 (3978 S. Wuhln9ton St .) I & Je1nnette, 21-I S. Bdwy . Hts . 22 (3980 s . Wnhlngton St .) 23· S. Bdwy . Hts . 24 ,(3998 s. Wnhlngton St.) 25-27 2 s. ldwy . Hts. (3995 s. Wnhlngton St.) 28 -29 2 s. ldwy . Hts. (3977 s. Wuhl11gton St .) 3()..31 2 S. I y . Hts. (3969 S. Wnhl ll ton St.) . • l2·ll 2 s. • r. " s. (39 I S. IS l11g ton St.) l4·l5 & s•, or l • Ilk. 2, s. 1c1w1 • Hts. ()951 S. W.s lllgl Oft St.) II ·! . .... , 's. c 1,) t . 1.) ' I , t $818.53 $1,.1.27.80 $818.53 $818.53 $818.53 $1,023.17 s l .53 I • • • • DUCIIPfiON Of PIOI'UIY NAAIE AND ADOIUS lol llock SUIOtVISION 2071 10 2 28 010 Sp~don, ll1ry G. Gr~~ns Sub 2nd F1 g. 4691 S. Ch~rok~~ St. ( 4691 S. Ch~roke~ St .) Eng 1 twood, CO 80110 2071 10 2 28 011 Kupfer, Llllhn 8. · Gr~~ns Sub Znd Fl g. 4681 S. Cherok~~ St. ( 4681 S. Ch~roke. St.) $1,330.30 Engltwood , CO 80 110 8 Gre.ns Sub Znd Fl g. (4671 S. Chnoktt St.) $1,626.43 Gretns Sub Znd Flg. (4661 S. Cherokee St.) $2,420.57 10 'Greens Sub Znd Flg . $ (4651 S. Cherokee St.) $2,062.16 Brosius, Fred Doughs & Joyce Thlt PArt or Lot 4, llt . I 6 r ., Jt len Kurtz Sub Oesc u leg on S 4643 S. Cherokee St. line Lot 4 30 Ft 11 or SE Cor Engl-d, CO 80110 II 50 Ft II IJZ .ZS rt S 50 Ft 1r 1JZ .Z5 Ft to leg Ex 11ley $1,037.17 1 ( 4643 S. Cherokee :a.) 7 2077 10 z 28 016 Fltltenld, IIIChltl J . ' S 25 rt of the ( IJZ.ZS Ft of I Cheryl J., Jt Ten lot 3, lit. I, Kurtz Sub & Til& 16 ~. ChentkH St. 11 25 rt of E UZ.ZS ft of riot (lit I • co 80110 4, llt. I, Kuru Sub (a •11ey1 a h St. • (1635 S. Chero ee St .) $1,296.41 II . lll .ZS rt of (. 162 .25 rt of • 50 rt or Lot J, 11 . I, ru Sub £a St. & 11ley $1 037.17 • II ub h ! UJ rt It • ,, I • l • •• ,) • - • • OHaiPTIOH Of I'IIOPfllY NAME AND AOOI!SS !WI llock SUIDIVISION 2077 10 2 29 003 Ogd~n. Gayle Ann 6 ,Greens Sub 2nd Fig. 4160 S. Cherokee St. (4620 S. Cherokn St.) Englt!WO od, CO 80110 6 :Grnns Sub 2nd Fig . o(4630 S. CherokH St.) $1,244.60 6 Gruns Sub Znd FIt (4640 S . CherokH St .) $1 244.60 lutz, llrry T. I Linda J. 6 Greens Sub 2nd Fig. 12331 N. 4th St. ( 4650 S . Cherok H St.) Parker, CO 80134 2017 10 2 29 007 Hensley, lilly l. I £1vtfl, 6 , Greens Sub Znd Fig. Jt Ten !{4660 S . CherokH St .) 4660 S. Cherokee St . n 1 I $1,244.60 • 6 I Grt~ns Sub 2nd flg • • 1{4670 S. Clleroht St .) 6 Crftfts Sub Znd f1 1 , (4680 S, CherekH St.) $1,851.63 7077 10 l Z9 010 . , ...... ,.. llllllt• (. • '-111 10 ' GrftMSub Znd Fit . I (tl -. Jt T" (4690 S . CMNkH St .) 4690 S. c ...... t .. St . ("'I • co 10110 $1,601.27 t 10 • If • I • • ,, •• IJ [ • • ORDINANCE NO. I()---' SERIES OF 1988-- • • • BY AlmlORI'l'Y 9 F t COONCIL BILL NO. 12 INl'ROOUCID BY <XUCIL ~Clayton AN ORDI~ VJ>CATING A P<Rl'IOO OF 'l1IE RIGm'-OF-\iAY IN THE 3500 BILO< OF SCXJTH J~ STRELT, IN 'l1IE CITY OF EN:iLfl·lXJD, CXXJN'l'Y OF ARAPAK:>E, srATE OF <X>LCRADO. \'tt!EJU'.AS, in !-larch 1986, the City and the Urban Renewal Authority entered into a Cocperative Agreement which granted the Authority the control of the 3500 Block of South Jason Street to assist in the implementation of the Rcdevelorren Plan; and WHF.RUS, as part of the At]reement for Disposition and Developnent between the Urban Renewal Authority and Pennant Prc.perties for the developnent of the J':nglewood Exchange (Buyer's Club -Hare Club), the Urban Renewal Authority aqreed to request the vacation of a portion of the right-of-way in the 3500 Block of SOUth Jason Street, as the vacation request was intiially shcMI on the Englewood Exchange Planned Developnent approved in July 1986; and hi!EJU'.AS, Silo and Rocky Rococoo developnents required additional ground, and the Urban Renewal Authority granted these developnents use of a part of the right-of-way of the 3500 Block of South Jason Street; and NtERr.AS, the vac.ltion provi the East 11 feet of the riCJht of way abutting the pr rty owned by ,...ad111on Pizza Corporation (Rocky Aococco) and Cyclops Co ra ion (Silo ) o go t o Hadi5on PlZza Corporation and Cyclops CO rpora i on; and n CIT'i -l - I • • - • • • • • Parcel A: A 17-foot strip of land being adjacent to Lots 23 thru 29, Block 6 , El'lGIJ:l'o:D, according to the recorded plat thereof, being rrore particularly described as follows: Ccrrmencing <It the NU corner of Block 6, being also the intersection of the East riqht-of-way line of Jason Street and the South right-of-way line of ll~n /\venue; thence S 0026 1 55" U, along the West line of said Bl ~k 6 and along the East right-of-way line, a dist«ncc of 60.00 feet to the True Point of Beginning of the p.~cel herein described; thence continuing S 0026 1 55" W along said \lest line and said r.ast right-of-way line, a distance of 157.00 feet; thence North 89050 1 22" West , a distance of 17.00 feet; thence North 0026 1 55" E, parallel with and 17.00 feet \'lest of (by perpendicular rreasure"t-ent) said East right-of-way line, a distance of 157.00 feet; thence s 89050 1 22" E, a distance of 17.00 feet to the True Point of Beginning. Parcel D: A 17-foot strip of land being adjacent of Lots 17 thru 23, Block 6, El'lGJ.El·o:x:J, according to the recorded plat thereof, being rrore particularly described as follows: Cam'encJ.ng a the Nil corner of Block 6, ing also the intersection of the Ea t riqh -<>f y line of Jason St1:1 and the South right-<:>f-way line of H~ Aver~ ; thence 5 0026 1 55" u, along the West line of said Block 6 and along said Eas right-of-way line, a distance of 237.00 feet to the Tru8 Po n of J.nnJ.ng of the parcel herein described; thence continuing 5 0026'55" w, long said \ Hne and said East nght-<>f-way line, a distMce o 140.73 f to the North righ -<>f-way line of the pr . cd Inca-Ittw:: riqh -of-way ; hence N 8905o'22" w, a dJ. 0 17 f 0026'55" , parall 1 w th and 17.00 f Cby ~..M.lcul ur n I NJ.d r gh -o -way line, 140.73 f S 89050• 22" a dis o 17.00 f rL 11\ n 11, h on on 1 1 1 I • - ( • • Published by title as Ordinance No. of May, 1988. Attest: Patricia H. Crow, City Clerk ·• • • __ , Series of 1988 , on the 4th day Mayor I, Patricia H. Crow, City Clerk for the City of Englewood, Colorado, hereby certify the above and foregoing is a true cq:Jy of the Ordinance passed on final reading and published by title as Ordinance No. __ , Series of 1988. Patr1c1a H. Crow I • • - <IIDINAOCF. 00. I 8 5miES <F 198F- • • • BY AlmQUTY 9 G CXUCIL BILL 00 . 13 :INl'RaJ.XE) BY CXUCIL ~ KOZACEK AN <IIDINANCE AMFM>ING TITLE 2, CHAPl'ER 4, SFX:TICN 2, ~ KJNICIPAL CXDE 1985 REX>ARDIOO PARKS AND RB:RFATICN CCI+!ISSICN. \~, there are provisions for electing a Chairman of the Parks and Recreation camti.ssion, but it has been determined that a Vice Chairman is also needed; and WHERF.I\5, City Council desires to amend the Enqlewood foblicipal Code to include this provision; NCM, ~. BE IT <liDAINID BY THE CITY CCUCIL <F THE CITY <F ENiL&o:D, ~.THAT: Section 1. Title 2, Olapter 4, Section 2, Enqlewood foblicipal Code 1905, is herebY nded as follows: 2-4-2: A. In March of every other year, the Parks and Recreation a:..iaaion ahall Ml its cha.lnnan Nl> VICE OWJI4M for blo-(2)-year e • The chAlrman and VICE ~ shall be entitled to enter n o all diacu i o sion and to YOt on all quae ions fa uion. che rman shall the presiding officer udl r and C ctJ i may be lCJMted by 1 s 1on. Mlf:J TtiE ~ IS AS "mE PRESIDIOO CFP'ICER. ng on the 5th day of y 0 y, 1 1 , on 4 h y I . • -• • • I, Patricia H. Crow, City Clerk for the City of Englelo'COd, Colora&>, hereby certify the above and forec}Oing is a true copy of the ordinance passed on final reading and published by title as ordinance No. __ , Series of 1988. Patr1c1a H. Crow I • • CJIDINAOCE 00. I J SElUES CE' 198~ • • • BY AllnmiTY 9 <XUCIL BILL 00 .14 nmoxx:ID BY <XUCIL ~ KOZACEK AN CJIDINAOCE RELATn«; ro 'mE CP~TICN CE' A GAS AND fLfrnUC SYS'IDI WITHIN '111E CITY CE' ElG.DI'JOO AND SUIIUTI'IN:; ro 'mE CUALIFIID EUCl'CRS CE' '11IE CITY CE' EMiLEHXD 'mE ~CN OF WHE"mm niE CITY CE' EN:iUXXD SIDJID GIWf1' A FRllfCliSE ro PUBLIC SERVICE C'CM'ANY CE' ~. ITS 51~, TRANSFERfZS, AND ASSIGNS, ro EREX:T, CCNS'mlX:'T, CP~TE AND f9JNTAIN IN, UPCif, AL<Hi, JICROSS, ABOVE, OVER AND UNDER 'mE STREETS, RON>S, HIGMYS, AVDlJES, ALLEYS, VIAIXO'S, BRIDGES, SID&lALI<S, PUBLIC UTILITIES AND amER PUBLIC EASlH!NTS, PUBLIC WAYS AND Ol'HER PUBLIC PLACES, DEDICATICNS AND RESE2NATICNS IN niE CITY OF DkiLfXXX) I BOl'H NCJi IN EXIS'l'flCE AND AS HAy BE mEA TID <R ESTNILISHID OORn«:; T!iF. 'I'!»t OF 'nilS F'RAOCHISE, ANY FACILITIES Ra;;VIRED Fat '11IE 'mANS- MISS! I DISTRIBU'TICN I AND SALE CE' GAS AND EUX:TRICITY WITHIN 'mE CITY CE' ~EH:XD; FIXIN:; 'mE TERMS AND CCNHTICNS 'I'HEREXF; PIUJIDIMi Fat 'l1tE CAl.l.ll«i AND KXDn«:: CE' A SPEX:IAL ELEX::TI 1..lPCJ'I SAID QUESTI I '11IE IE'l"f.H((NIN:i CE' '11IE RESULTS THERIDF I -'N) ~ 'l1tE EXE01I'ICN AND DELIVERY CF SAID FRNDIISE ACCCRJI~ ro JTS PRCPOOED TERMS, IF 'mE RESULT CF SOCH \Ul'E CE' '11IE (J.IALIFUD ~ AT SOCH ELEX:Tt SHALL BE IN '11IE MFIRHATIVE Fat 'l1tE QWt'l'1J«; CE' SAID FJWOiiSE. WHF:R.EAS, he 1 h, f y, Dlql • aary foe the 'l1tE CITY Ctyof A I . -• • • Article 1: LWINlTiaiS Article 2: QUIIII' m' nwm• 2.1: Grant of Franchise 2 • 2 : Street Lighting 2.3: Term of Franchise Article 3: fWM1111• nB 3 .1: Franchise Fee end Pay~Btt Sc:hedlle 3.2: 0\anqe of Franchise Fee oc Conaideratia'l 3.3: Frln:hise Fee Pay.nt in Lieu of Other Fees 3.4: Contract Ctlli9ation Articl 4: !D'PLI, ~,., ~ 4.1 : 4.2: 4.3: 4 .4 4.5 4 . : 4 .7: 4 .8: cl • I ••• • I &owly of Gu end Electr city ora ion of Service li tiona Regarding Cc.llpMy r 11 i• ion end Conat.ruct1on ion lliti• I I • • • • Article 6: R!Kiti'S '10 CITY 6 .1: Reports oo ~y ~at ioos 6 . 2: Cq>ies of Tariffs, all PU: Filings Article 7: C1'l'l tR (II' ~ 1'IICILlTIIIS 7 .1: City Use 7.2: Undergroond cawit Article 8: r•-IPlCIII'.U:. (II' 'a. ClTY 8.1: City Held Harmless 8.2: Notice 8.3: Payment of EXpenaes Article 9: I+MJ!Uim ~ _, OU 9.1: Underground Electrical Distribution Facilities 9. 2: Overhead Conversion at £)cpenBe of ~ 9.3: Termination .4 : Revl 9 .5: tion with ot.her Utilities Art cl 10: 10.1: 10,2: cl 11: 11.11 0 or 11.2: 11.31 ll ••• 1 : I . -· • • Article 13: 13.1: Transportation of Gas 13.2: Snail Power Procb:tion and ~ation Article 14: MaiBI'IUIB 14.1: FOrfeiture 14.2: Continued Obligations Article 15: 15.1: .\EiidM:::itta Article 16: MIII'Wl"'''IJB 16.1: SUccesiiOl"ll and Ani~ 16.2: n.ird Parti• 16.3: Aapn•••t:Aitiv.a 16.4: Other Legal ....s!• 16.5: Sever~ility Article 17: Ml~ 17 .1: 'olloter Approval 17.2: ClCIII*tY ~&1 I I • • • • • ~1 1. 0 Df7INITICH;: In this Olapter, unless the CXJntext othenri.ee ~res, the following words and phrases have the IIIMnings indicated. '!be word "shall" is mandatory and "may" is permissive. 1.1 CITY-~ the llllnicipal corporation deeignated aa the City of Dlglewcod, Arapahoe County, Colorado, and includes the territory u currently is or lillY in the future be included within the boundaries of the City of Dlglewocd. 1.2 CITY PROOl'L'T -means any project in 111hich the City hu a financial or ownership interest. 1.3 <XM>ANY -means Public Service c::c..,..y of Colcxac:to. 1.4 DI9'nUIIl11'I~ FACILITIES -refera to .00 is only that portion of the ~·selectric 8)'St8 "'lch dllliYen electric energy frca the MDt.ation bnM!Ka to tha point-of livery of the cuatc.er, including all deviCII!S oonnected to that 8)'St8-wll -that portion of tha ~·· CJM 8)'St8 "'1ch dllli 1.5 1. 1. f U. ~ ai of the regu.latcx .ution to poJn -of livery of the cu.tca~r, including all ed to that .yst8. 0 • -• • • l. 9 RE'v'EMJFE -rreans noney which the catpany receives fran the sale and transportation of gas within the City and the sale of electricity within the city and far the use of its facilities by others in the City, less adjustments for refunds , uncollectible acccunta, corrections, and other I'1!!9Ulatary adjuaa.nta. 1.10 ~-rreans and includes all work cble by the ~ in the City, including but not limited to, acavation, installation, construction, repair, lllllintenance, renovation, nm:wal, and repl~ of facilities. 2.1 QWn' CF PIW«:HHSE. '!he City hereby grants the~. subject to the ten. of this Franchise, a l'lCnelCCluaive right and drty to furnish, sell and distribute gas and electricity to the City and to all residlnta of the City, and to install, maintain, and operate facilities reuonably necessary far tvice to the Ci y and areas ou si the City, and a nonexclWiive right to II'IM reaaonabl use of public pl may be necessary to carry out the terma of this franchi l .l I • • • within the City for that. year, so long as said three percent ()1.) of said r~.nues received by ttv> CCJ'Il)any fran such use is collectively $500.00 per year or qreater. 'nlese fees oo not apply to and shall not be collected on bills paid by the City. 'nle City's Director of Finance, or other designated person shall be provided access ~ fifteen (15) days' notice or less, if reasonable, to any and all relevant financial books of the <Dipany for the purpose of auditing or checking to ac.;certain that the Franchise Fee has been correctly CC~~p~ted and paid. R. If an error by the ~Y results in an CM!Ip4ynent of the FriVlChise Fee in excess of $5,000, credit for the averpay!IBlt shall be spread over the same period the error was undiscovered. If the ~t is $5,000 or less, credit shall be taken against the next paynent. Nothinq herein shall be construed to waive any applicable statute of limitations. A. cr.ce each year the City Council may, by ordinance, chanr:Je the cxwsideration paid to the City under this Franchise to that paid by the ~y under any lll.ltlicipal franchise in COlorackl, after thirty (30) days' notice to the ~y. B. 'nle ~y shall report to the City within sixty (60) days the ion or change of any franchise under which a nulicip&lity receives qr er consideration than is provided herein. For purpoees of this eection, conai rat ion the Franchise established in Section 3 .1, the underqroundinq progr ablished in Section 9.2, ~any other provision of ignificant financial fi to he City. .. , • • • • 4 .2 ~TIOO OF SERVICE. In the event that the catpany 's electric or gas systen, or any part thereof , is partially or wholly destroyed or incapacitated, the catpany shall restore its systen to service within the shortest practicable time. 4 .3 OBLIGATIOOS RaiARDn«; CCM>ANY FACILITIES . A. Work. All work by the ~y shall be cklne: 1. in a good workmanliJte liiiii'Uler, and 2. in a timely and expeditious liiiii'Uler, and 3. in a manner which minimizes inconvenience to the public and individuals, and 4. in a cost-effective liiiii'Uler, which may include the use of qualified private oontractors. B. Lcx:ation of Facilities. Calpany facilities shall not interfere with water fac1iities, r fac1ilties or other public use of public places. catpany facili i hall installed so as to minimize interference with other p rty and nts. c. caused by n-.....:o;;;t"-.;::rr,m-r;;:~<; health, af n-pair repairs p 4 ,5 I • • • • CcJ1llany shall be grMted an extension of time of ~letion equivalent to any c'elay caused by conditions not under its control, provided that the catpany proceeds with due diligence at all times. B. Relocated underground facilities shall be underground. Relocated aboveground facilities shall be aboveground unless the City either agrees to pay the addi tiona! cost of noving them underground or requests that such additional cost be paid out of available funds under Section 9.2. C. Nothing contained in this section shall inplee any obligation l.txJrl the City to pay for relocation of any Company facilities. 4.6 SERVICE ro ~ ~. If the boundaries of the City are expanded during the term of this Franchise, the Company shall extend service to residents in the expanded area at the earliest practicable time ~ in accordance with the Company's extension policy on file with the Public Utilities Comrlssion, as same may be amended fran time to time. Service to the expanded area shall be in aocordance with the terms of this Franchiee Aqt"eenent, including paynent of Franchise Fees. 4. 7 CITY rcr R!QJIRED ro AI:NNCE fUi>S. ~receipt of the City's authorization for billing and construction, the Company shall extend ita facili i o provi g and electric service for 111.1nicipal uses within or ootside the City. 'nle City shall not be required to advance funds prior to ca\Struct ion. I . -• • • 5.1 CI'IY RmJIATICN. 'Ihe City expressly reserves, and the~ expressly recognizes, the City's right to ~. fran t.ime to t.ime, in I addition to the provisions herein CXJntained, such charter provisions, ordinances, rules and regulations as it may dean necessary in the exercise of i s police power for the protection of the health, safety and welfare of its residents and their properties. 5.2 <n1PLIAOCE WI'ni CI'IY ~. 'nle catpany will CXJ~ply with all City charter provisions, ordinances, rules, and regulations and shall obtain all required permits. 'Ihe Cmpany shall sutmit, in advance, reports of annual and long-tenn planning for capital inprovement projects with deacriptions of planned curb and street cuts and other work. Except in ~ies, all work shall be coordinated with the City • s public iq>rovement projects. 5. 3 CI'IY REVI~ OF CCNS'ml£l'ICN .AND DESI~. Before construction or installa ion of any significant aboveground gas facilities, any street liqhting fixtures, any electrical tranSI!lission lines, any generating plant, anv buildinq, any subs a ion, or any similar structure within the City, the Corpanv shall furnish t~ City wi plans for such facilities. In additim, uoon s , y shall as ss and report on the ~ of its propoeed construction on the Ci y nvircnnen • SUch plans and reports JMy be reviewed by the Ci y to ensure, inter alia, (1) h all apphciibie 1 are ~ied with, (2) that sthetic and 900<1 plaruung principles haw been given consi ra im, and ( 3 ) ha has llliniJIIi zed. ~ y 11 1 all re.uonable requested by C ty. and electncal .w.rqy WU.ch stai"ICSIJ: de prtJIIIl1 ted by I . • • • RI!KRl'S m CITY 6.1 REI?CRrS 00 CXJ4PANY CP~TICfiS. 'nle Calpany shall subni.t reasonable reports requested by the City with respect to Calpany operations. Initially the City requests , and the catpany shall provide, the following reports: A. an annual report of the return earned by the Calpany oo its opera ions and the base used for calculatioo of such return, B. an nnnual list of all real property and leasehold interests in real property owned by the Company in the City, c. an annual report listing the City's accounts by type of account (e .q., gas service by loc:atioo, electric service by loc:atioo, street lighting, t r affic signals) and evaluating billing and rate classificatioo alternatives, 0. an annual report of he electric and gas revenues received fran residen s of the City, showing each adjustllent to groes reYenue, E. periodically, upon the request of the City, a presentation oo el ric and gas facilities used to serve the City, and F. an annual report showing the performance standards or goals which the y use o 1 or the quality of service provided as ~ o actual performance. 6.2 (.'(J)U:S TARIFFS, ALL FILIN:>S. The y shall keep 00 file in local y offlce all tariffs, ru1 s, requ.lat1oos and polict approuoed by the COlor Public utill i sion ("PU:") relating to serv ce by the y o Ci y and i s . ide>n s. q:,on reque by the City, Company shall orovi the Ci y wi cop uch s and of filing which it makl with Pt • -•• • • 7. 2 UNDERGR<XJND CXHXJIT. If the Coopany installs new underground condlit or opens a trench or replaces conduit or cable, the catpany shall provide adequate advance notice to pernrit additional installation of similar condlit for the City. If the City wants additional similar con<hl.it installed, it will so notify the <:alt>anY and provide similar conduit and pullwire, at the City's expense, to the Catpany which will install that con<hl.it without further expense to the City. DO!IIUP'ICATI(JI (II' 'niB CI'l'Y 8.1 CI'IY HElD 111\RMLESS. 'nle Coopany shall hold hamless and indl!lmi.fy the City frm and against all liability, damage and claims, and shall reildlurae reasonable expenses related thereto, arising out of the operations of the Calpany and the securing of this Franchise. No expenses rei.ntlursed by the Carpany under this Section shall be surcharged to custa~ers. In the event of litigation bet~o~een the parties regarding this Franchise, if the City prevails, the eoopany shall pay all costs related thereto, including reasonable attorney's fees . 'nle ~y shall not be cbligated to hold hamless or i ndelmify the Ci y for claill'1s or demands to the extent arising out of or in CO'II'leCtim wi h any npqligent ac or failure to act of the City or any of its offi rs or employees. 8.2 teriCF.. ~ City will provide p~ written notice to the ~Y of the pendency of any clailll or action against the City arising out of the exerci by the y of its Franchise rights. 'nle Carpny will be t ed, a i s own , to ar and defend, or to assist in deferu~e of such cl i. • 'nlis condx:t shall in no way re rict the Ci y's right to ~ t f -l - ll pay City for -. ...... - , for all el ion cq:~en~ ... preparation of hia 1 n 1 I I • • - q. 2 OVERHEAD CXNVERSIOO AT EXPENSE OF <XWANY. A. As and when requested by the City, the catpany will spend one percent (l'X.l of the preceding calendar year's electric revenues to move OYerhead electric distribution facilities located in public places in the City underground, provided that the undergrounding shall extend for a mininun distance of one block or 750 feet, whichever is less, or as may be nutually agreed by the parties. B. Any unexpended portion of the one percent (l'X.l of electric revenue may be carried over to succeeding years, and, in addition, upon request by the City, the catpany shall anticipate amJUnts to be available for up to three (3) years in advance. Any amJUnts advanced shall be credited against aroounts to be expended in succeeding years until such advances are eliminated . No relocation expenses which the Cat{>any is required to expend pursuant to section 4.5 shall be charged to this allocation. c. Funds to be expended pursuant to this section shall not be used in any project or situation for which and to the extent that the City has received federal or state funds for the purpose of undergrounding utilities. Funds to be expended pursuant to this section may be used for "matching• purposes with s ate or federal monies. D. If the Publlc ill 1 a on authorizes a system-wide program or progr o rounc:hng electric distribution facilities, the y will 11 o he progr• of undergrounding in the City such amJUnt is uthoriz by he Publlc Utllitl Cclnniasion, but in no case less than one rcen (l'X.l o f annual 1 nc revenues. may requir olddi -1 - o thu -=tion, the City uncierqrt:JUrld a the City' a C1ty I • • • 9. 6 EME:RGDICIES. If there is an erergency affecting catpany operations or service, the catpany shall maintain ongoing ocmrunication with the City as to the nature of the proolern and its anticipated cllration and resolution. "nle Crnpany shall develop and keep ~ to date and on file with the City a 1111tually agreeable plan to facilitate such ocmrunication . At all tines the ~Y shall have on file with the City a special twenty-four (2 4 ) hour telephone I number, not available to the general public, which the City qavernment can use to OOtain information in the event of an erergency, and shall use other available methods as needed to facilitate ocmrunications with the City. In addition, the C~y shall make information available to residents as to any proolern and its anticipated d.iration and resolution. M'I'IaZ 10 10.1 ~ CF CITY ~IRm. "nle ~y shall not sell, transfer or assign any riqhts under this Franchise to another entity without the City Council's written approval, which shall not be unreasonably withheld. 10.2 'mANSFER ffl::. In the event of a sale, transfer or assigrnent of rights under this Franchi , excepting only corporate reorganization of the catpany not involvinq a third party, the transferee shall prollptly pey to Enalewood a pro ra a hare ot one nU.llion dollars, ~ich shall be calculated by nultiplyinq one nrlllion dollars times a fraction of which the then pc.pulation of Enal 1 the n~ator and the then pcl(lUla ion of Denver is tho! denanina or. Such ransfer f shall not be surcharged to custaners. Such transf r f 11 not recovered fr the City. 'nle charging or collectinq of a transfer s conclusively reasonabl • NDI-Mm •1 M lai'RM -J - I • • • • • 11.3 CCNI'INUED (XX)PERATICN BY <no!PANY. If the City purchases or oondelms, the Caftl<Uly shall continue service, in whole or in part, at the City's request, for the chlration of this Franchise pursuant to terms and <Xlndi.tions negotiated for such continued qJeration. 'ftle catpmy shall take no action which could inhibit the City 's ability to effectively or efficiently use the acquired system(s). At the City's request, the catpmy shall supply gas and electric power for use by the City in the City system(s). 11.4 RIGm' OF FIRST PURCHASE. In the event the catpmy at any time <llring the tem of this Franchise prqJOSes to sell or dispose of any of its real pr'qlerty located within the City, it shall grant to the City the right of first pm:hase of sare . 'ftle catpmy shall obtain a qualified appraisal on any such property and the City shall have sixty (60) days in which to exerci• the right of first purchase by giving written notice to the Cclapany. Should the City not provide the req.~ired written notice, the catpmy may proceed to negotiate with others for the sale of such property provided that the ~ may not sell such property for an -=:IW'It less than ninety-five percent (9Sl,) of ttle appraised value withoot first providing the City an qlportunity to purchase such prqJerty at such lesser price, in which event the City III.ISt notify the ~y in writing within thirty (30) days if it wishes to purchue such prqlerty. It is understood that nothing in this paragraph shall preclude the catpmy frCill transferring real prqlerty to a subeidiary or affiliate without first affording the City the rights referred to aboYe, provided that if the transferee proposes to ll or dispose of such property within one (1) year, i shall not oo so without first affording the City the rights referred 0 aboYe. -1 - I -• • • 13.2 SMALL P<H:R PROOOCTIOO AND ~TIOO. '1he City expressly reserves the right to engage in the production of electricity. '1he catpany agrees to purchase City generated power pursuant to separate contracts negotiated with the City. 14.1 f'l:m'ErruRE. Both the catpany and the City recognize there -Y be cirC\118tances whereby cmpliance with this Franchise is ~sible or is delayed. In those instances, the eatpany shall use its best efforts to Qall)ly in a timely manner and to the extent possible. If the Colpilny fails to perfonn any of its cbligations under this Franchise, the City Council may determine, after hearing, whether such failure is of a substantial nature. Upon receiving notice of such determination, the Collplny shall have a rellSOOable time, not to exceed six ( 6) 1110nths, in ""ic:h to ra.c:ty the violations, unless the parties otherwise agree in writing. If after such ti.JIIe oorrective actions have not been suocessfully taken, the City Council may declare the Franchise forfeited. 'ntis shall not limit or restrict 11ny other rights or remedies available to the City or the ~y at lw or in ~ty. 14.2 CCtfTD«JfD CIILIG.a.TI<H;. l¥ln forfeiture, the Collpeny shall continla! to provi rvice to the City and its re !dents in ac:oordanoe with the t~ ~reof un il the Ci y makes alternative arrAne}l!llll!nta foe such service. If the CQ!w)any fail s to providl!o continued rvice, it shall be liable far ~ to the City . IRD&i& lt;.l 1 1 I I • • - • • • • • 16.3 REPRESENI'ATIVES. Each party shall have a representative to whan notices shall be sent regarding this Franchise. Initially, the City's representative shall be the City Clerk and the CcJ!pany's representative shall be the District Manager or registered agent. Notices, including notice of any change of representative, shall be in writing and forwarded by certified mail or hand deli very to the designated representative. 16.4 C7mER I..&iAL RH4EDIES. Nothing herein contained shall lillli.t or restrict any legal rights that the City or the catpany may poeaess. 16.5 ~ILITY. Should any one or more provisic:ns of this Franc:hi.ee be determined to be illegal or unenforceable, all other provisic:ns nevertheless shall remain effective; provided, however, the parties shall forthwith enter into good faith negotiatic:ns and proceed with die diligence to draft a term that will achieve the original intent of the parties hereunder. 17.1 \UlD APPIOTAL. 'nlis Franc:hiee shall not I:*XIIIe effective unless approved by a majority vote of the registered electors of the City voting thereon at a special na.anicipal election to be held on TUesday, JUne 21, 1988. 17.2 CXJoi'MY APPI¥:MU.. n.e ~ shAll file with the City Clerk ita written offer of this Franchise and of the ten. and provisions herein Wlich written offer shall be subnitted to the City at leut ten days pdor to the special nunicipal election, Wlich offer shall not be revoked by the c:a.pany prior to the election. n.e fiiYOrable vote of the electors of the City of Englewood on the issue of this Franchise, shall constitute the City's greting of this Franchiee. Section 4. Safety Cl-..e. n.e City Council hereby findl, ~. and lam that this Ord.l~ is ,_,..e.uy foe the pneervation of the publ c lth, eat ty and welfare. ion 5. 'ftle proper offic ala of City of fn)le.:xxS shall give not ce 01 aald ial awtieipal el on, Wlich notice ahall be publiatwd in the r Md for the length of t ~red by lw, and the ballots cut auch election llhall and reaul ucerta.ined, aa1;:enun.a and ifled r-equired by l in full, onf lith -1'7 - I . • - • • • • • Published as a Bill for an Ordinance oo the 20th day of April, 1988. Read by title and passed oo final reading oo the 2nd day of May, 1988. Published by title as Ordinance No. , Series of 1988, oo the 4th day of May, 1988. - A'l"ft:ST: Lan van oy&, MiiYOi Patricia R. crow, city Clerk I, Patricia H. crow, City Clerk of the City of EngleNOOd, Colorado, hereby certify that the aballe and foregoing is a true ocpy of the Ordinance paued oo final reading and published by title as Ordinance No. , Series of 1988. - Patricia A. crow -18 - I I . - OODINAOCE NO. I~ SERIES OF 1988-- • • • BY Ali'IKlRITY COOOCIL BILL NO. 15 INl'RClXX:ED BY CCXH:IL MfJo1BER a.AYTOO AN OODINAOCE AMEN:>ING TITLE 4, ~ 3, SEX:TIOO 9, "MALLEY ~ TRUSf FUND," ~ KJNICIPAL C(l)E 1985, RELA.TmG TO TRUSTEES. 9 WHEREAS, Trustees of the ~\alley Center Trust Fund are appointed one rrentler fran Council, one fran t .he rrentlership of the Engle.ood Parks and Recreation Ccmnission, and three appointed by City Council ~ recatiiendation of Parks and Recreation Ccmnission; and WHEREAS, qualified persons should be appointed; and N()ol, 'n-~, BE IT RESCLVED BY ntE CITY ca.JOCIL <F THE CITY OF ~, COL<Jtl\OO, "niAT: Section 1. Ti le 4, Chapter 3, Section 9, Engle.ood follnicipal COde 1985, Is hereby ded by amending Section A.l. to read as follows: 4-3-9: A. 1. One trus to appointed fran the City ~il who shall serve during tenure in office at A CITIZflf <F ~ TO 13E APPOINTED TO SfltVE AT CCUCIL 1 S PLEASURE CR FCR A TmlM 001' 'ro EXCEm 'M) YEARS. Introduced, ad 1n full, .... """~ and passed ril, l 8 a Blll for an Ordi on 20th day of April, 1988. nq on the 2nd day of May, 1988. Puh h he'd by -· ri of 1 88, on 4th day 0 • 1 liiin v A k II. e:r& I • • ORDINANCE NO. SERIES OF 1988-- • • • BY Atll'HORITY AN ORDINANCE AMENDING TI'l'LE 16 , CHAPTER 4, SEX:TIOO 18: DIGLFloOXl MJNICIPAL CODE 1985. COONCIL BILL NO. 11 IN'l'ROOOCED BY CXXH::IL MEMBER BIW WHEREAS, the City Planning and ZOning Commission and City Council realize that landscaping is necessary to create an attractive visual and envirorvrental atrrosphere for persons living, working, and ooing business in the City; and WI-IERFA'>, City Council desires to anend the Landscape Ordinance to reflect the suggestions subnitted by the business camunity through the Governrental Affairs Ccmnit ee of the Greater Englewood ChanDer of Comerce, which aren~nts encourag property owners and business owners to desiqn their landscaping, within reasonable guidelines, in a way that is cx:Jitlatible with adjacen properties; , 'I'HE.m:FCJU:, BE IT ~INm BY THE CITY cx:xH::IL CF THE CITY CF ~ • <:a:J::IlADO • 'IliAT: Tt tle "Landscape Ordinance, " l C foll 2. 1. -l - • I . ( • • • c. THERE IS ANY REMXlELING OF EXISfiNG BUI!DINGS WHIOi WILL INCREASE THE FLOOR AREA BY FCRl'Y PERCmr (4~). 2. When, because of the characteristics of the land or the location of existing structures, it is not physically possible or feasible to provide for landscaping on the site, the property owner shall deposit -helf ~ ~-W.. ~ eL W.. -·~ ill the I!R!Jl•~a~~ll 1-c:aipit aNI-Pine Art JWad. IN THE BEAI.Jl'IFICATIOO I\CCOI.Jm' IlJ TI-IF. PUBLIC IMPRCIVEMFNT ruNO AN At-0.m ~ 'ro THE <XlST OF INSfALLING LANDSCZIJ>ING IN COOFORNANCE WITH 'llUS CIIDINANCE <R AN AlflJNT FJ;.)UAL 'ro $1 X 1~ OF THE LOr AREA. This fund shall be used for beautification of public areas as determined by the legislative body. 3. 'lliESE ru:x:;uu,noos SIIALL NOT APPLY IN ALL zet.ffi DISTRICTS IF N:l'i CNE OF THE FOu,a.rrNG OC'CURS: C . Kin a. THE PROPERTY OR BUSINESS CCMPLIED WITH THE LANDSCAPING PROVISIOOS IN EFFEX:T AT THE BEXiiNNING CF THE cxx:uPNCY. b. IF THE PRCPERTY IS IN LIANCE WITH THIS CIIDINANCE AND 'llOE IS A CHANGE IN 'll!E TmJ\NT 00 LESSEE, THE LANDSCAPING Rfl;JUIJID11NI'S DO NOT APPLY. IS ULTIMI\'l'ELY ~ISLE FOO LANDSCAPE Landscap1.ng Requir ts: 1. All Di r1c s . b. I d. f . • • • in full force and effect for one year after the time frame established by the Director or until the landscaping has been Catt>leted. Should action be camenced to enforce the landscaping requirements, the security instrument shall continue to be in full force and effect until the :inprovements are CCfl1lleted . Further, the security instrunent shall provide for the paymen of all attorneys fees, collection fees and expenses of the City in enforcing the landscaping requirements. The arroun of tim security instrument shall not be less than twice the value of hP landscaping inprovements. The form of the security ins n nt and its terms shall be approved by t he Direc or fore acccp ance ~ 00 BF.lW.F OF the City. (2) To overide the security i n strunent, the property owner may deposit wi h the City cash in escra.r, certified funds, or an irrevocable letter of credit, in a form acceptable t o the Direc or. The payee of said funds shall be the City , and the funds shall collectible by the City ~ I.JPOO the City's giving t en (10) day ' written notice to the party giving the instrurent and thereaf er execu ing on the instrunent . c . HI U (1) (2) (J) (4) ( !!) IIID1ENTS FCR 'mEES AND SHRUBS ARE: DfX:[[)UCXJS TREES: 2" - 2 1/2" CALIPER. ~~ TREES: 5' -6' IN HEIGifl'. U..O"LI'J.l'IU• DFX:IDUCXJS AND~ SHRUBS AM> I!EIX;ES: 5 ~ MINJJU1. AND J II DIN4ETER MINJJU1 SIZE 1JU1 DEP'nf FCR JO:K BfD5 4" HINDUt DEPTH FCR DEX:XRATIVE BARK at \o(XJ)..QUp BfD5 , tur! pl ts or other nonhv~ng o fulflll the l1v~ plant o h 1n tlus I • • - • • • • D. Parking Design Requirements; All ZOne Districts. 1. If proposed construction of H.a at.AdiRq off-street parking areas contains fifty (50) or more stalls, ten percent (1~) of the total parking lot area shall be landscaped with a • ~· li.w! pes:usat (-iSif FIPI'Y PffiCENI' (5~) of that area to include living plant material. 2. 'l'he ~ive peiU!nt R5"1.) ~~t • '!rdti tltall iftehlle '!HERE SIIALL BE a minunum o one r r fi y (50) ~LINEAR feet OF PAAJ<I~ AISLE I.Denl. 3. In addition o th~ tat pel!'8alt -fHiit requuements in subsectionS D.l. AND D.2 . above, parking areas that are adjacent to streets shall meet thes requirements: b. Stree trees shall be planted in the buffer zone at the rate of one per forty (40) linear feet. ~ tftJell pMiabal in 1:tle INHei: -..ay be IIRIIi.'-d .._... \M Yee P T 5 at ift. SeettienW~ E. Maintenance. yo t l 3. Failure to provioo adequate ma ntenance resulting in the deteriora- tion of trees, shrubs or other living plant material violates the objectives o this Ordinance, and the City Hanagoer or his designee shall have the pr rty pos ed giving apprc.priate notice of the violation of this Ordinance and setting forth that the violation ltl.ISt be corrected within five (5) days of the p::>sting of the notice. If the n ture of the v1ola ion I!Wlke it ~rae ical to correct w1 hin five (5) days, he a 11 subiU.t a letter of inten to o he C1 y and shall correct the v alation in the ~ pl ing . son. F 1 to r sonbly ly w th this dinlllll"'f', eithe tiliOIJ 1 t r o in or withou a 1 1on lng Wl the ici If' ntE Btu.m ntE Sh 1 I • • • • I, Patricia H. Crow, City Clerk for the City of Englewood, Colorado, 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 I -• • • ENGLEWOOD LANDSCAPE AND FINE ARTS ACCOUNT 102-00-81472 DEPOSIT FICIIIJ 1986 Current, Inc. 1986 M & T Ce.ent 1985 Kenneth L. Richards 1986 S. Broadway Denh 1 Group 1984 R.G.& L Construction 1985 Lillard & Clark 1987 City on the Hill Church 1988 K & B Construction .JOI ADDIESS 3550 South Inca Street 2250 South Raritan 2893 -95 South Broadway 4634 S. Broadway 2400 South Tejon 3035 South Santa Fe 4391 South Broadway 2860 South Elat i Street TOTAL ~ s 25 .00 2,726.53 450.00 161.44 420.00 150 .00 7.50 44 .00 $3 ,984 .47 I . • • • From : Bill Clayton To: Englewood City Council Rer Landscape Ordinance Public Hearing It is my intention to offer the following amendments to the Ordinance. The changes I wish to add I have outlined in colored marker . The rest of the wording has not changed. Changes I wish to delete I have lined out. 1) Se ction 1 ,B,2 When , because of the characteristics of the land or the location of existing structures , it is not physically possible or feasible to provide for landscaping on the site , the property owner shall 4 posi~ ~~~-Qa.:t,i~u~n-tl:l& fllol=~=~lllpl'-<>¥eiii&R1;....;f.und-aR amount ::=t! !: t:~ =~~~~ iAetalliAg Jf:e~~,;,:ljn oenfermanee WUh this er4inaAoe or a.rPa.melolAt &lj:lolal. to $ l:le l.ot area This t'uRa s~a~l ~e wse4 fer ~eautifieati~ ·~ areas as Qatarminerl by t -iegielaHue '&a l&y. choose and follow one of the following options: 1) Deposit an amoun equal to to 1 X 1o< of the lot area as m asured in square feet in the Public Improv ment Fund. This fund shall be used for beautification of publ1c areas as determined by the City Council. 2) Spend an amount equal to 1 X 1~ of the lot area as measured in square f et on improving the ext rior app arance of the building sid facing the str et within a hr month period beginning with he d te that th ord nanc would aff ct e property . Provid invoic s , e tima s , or o h r m ana o justify th amount s n . REASON FO THIS CHA CE . 1) T. • I • -• • • LANDSC APE ORDINANCES (CONT) Section l ,C ,l ,c. MINIMUM SIZE REQUIREMENTS FOR TREES AND SHRUBS 1 CHANGE PROPOSED : I would like to eliminate all minimum size requirements for deciduous trees , evergreen trees , fl owering , deciduous and evergreen shrubs and hedges . REASON FOR CHANGE1 Section l ,E already provides penalties for failure to provide adequate maintenance of landscaping. Ill Anyone who has shopped for plants will notice a VERY expensive difference between the sizes specified and smaller plants , which when properly cared for , will grow quickly . The sizes specified are needlessly expensive and assume that our business owners will not care for their landscaping adequately . I want to let the oynel substitute his labor and care for expensive P an s as long as he takes care of them . CHM~GE PROPOSED1 SECTIO N l,C ,l ,f Delete the deciduous tree requirement . In all zone districts the street tree requirements are in addition to the requirements for minimum living plant material . STREET TREES SHALL BE LOCATED ADJACENT TO THE STR EET . SfRSSIJ' fRSSS Sllhl>L BS 9F I. 91!l;I9Y9tiS REASON 1 Deciduous d sert 1 and ee ar 1} er hu y d not n tive to thl a mi- in . 2) requir high m intenanc , ore pruning, by wet fall and spring now. wat r , do not br ak under naive pruning. 1 av it up to , attr ct1ve tr es I • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SlllJECT April 18, 1988 Bt -Ct ty/USGS River Gaging Statton 1 NIT 1 ATED BY ___ a_t -_c_t t_y_Tr_e_a_t•_n_t _P_l_an_t_su_pe_r_v_t_so_r_y_c_~ __ t t_t_ee _____ _ ACTION PROPOSEO. ____ Au_t_h_or_t_z_e_C_i_ty_M_an_a~ge_r_to_s_tg~n_•_J_o_in_t_fu_nd __ tn~g------ agree.nt for and on behalf of the City of Englewood with the U.S. Depart•nt of Interior Geological Survey (USGS). The flow in the South Platte River is 1 key para.eter of the discharge pen~tt issued to the Bi-Ctty Treat.ent Plant. Measure.ent at the plant ts, there - fore, needed to efftcilfttly .. t pen~it require.ents. The Bi-City Plant en- tered an agr ... nt in 1•5 with the USGS whereby the Bt -Ctty Plant would fund the construct ton of a river gaging statt011 and pay 50 per cent of the operat - ing costs while the USGS perforwed the operatiOft and •tntlftance of the sta - tion . This contract covers the ex,.nses for 1918 . FIIWICIAL Th Bt -Ctty share of the cost ts S1 ,Z75 and ts 50 per cent of the total est i- a td cost for 1988 . o 1988 aut r zing t Ct ty U.S. Otpar t of t In • ltttleton/Engl . . I . OODINAOCE NO. SElUES OF 1988-- • • • BY AlmUU'IY A BilL~ AN OODINANCE APPlV'v'll«i 'niE JOINI' FUM:>~ AGRED4ENr BE'I\IU.N 'mE CI'IY OF EN:ilD«XX BI~I'IY WI\S'l'DP.TER 'mEA'lMDn' PLNrr Nil 'l1iE U.S. GEXUX>ICAL SURVEY FeR 'mE CP~IOO AND MAim'nWCE OF A ~~ STATIOO u:x:A'IU> 00 n 0::: !nml PIATI'E RIVm AT EMiLEHXD. \IHEREliS, the Bi-city wastewater Treatnen Plant entered an ag t in 1985 with the U.S. Geological Survey (US.S ) Whereby the Bi~ty Plant would fund the construction of a river gaging station and pay 50"1. of the operating costs while the US.S perfOI'IIIf!d the operation and maintenance of the station; and \I!IERFA<;, the flow in the South Pla te Rlver is a key par ter of the discharge pert'lit is to the Bi-<:i y Trea Plant, and a.surement is needed to efficiently mit ~ ~DI'AS, he iod of ia OCtober l, 1987 to 5eptalb!r 30, 1988 wi USGS payi"9 $1,275 and the City o Englewood paying $1,275 a contribu ion to CXlYer ex. ot neoe~u1ary field and office wodt directly n-lat o this progr•; , n~, IT ClRtt'-DIED BY u..."""""""'u, ~. ~T: CITY • -1 - • II . Ul\l' ~ T • • •' • I, Patricia 11. Cr~, City Clerk for the City of Englewood, COloraoo, hereby certify the above and foregoing is a true cqJy of a Bill for an Orclinilncc, introduced, read in full, and passed on first reading on the 2nd dily of l'l.:ly, 1980 . Patr~c~a H. ~ I • -• • - F"'m 9-1366 Dep.rtment of the Interior Cost Center: 4608 (REV . 6186i Geologal Survey Custom · r No: CPOS Joint Funding Agreement Agreem nt No: C088115 FOR Water R sources lnvesti~ation liS AGREEMENT is entered into as ollhe lst day of Octoher 19s7 bY the GEOLOGICAL SURVEY. UNITED STATES DEPARTMENT OF THE INTERIOR , party ol the first part, and the ClTY OF ENGLEWOOD party of the second part 1. The parties hereto agree that subject to the availability of appropriations and in accofdance with their respectrve authont there shall be maintai ned in coopera11on op ration and maintenance of strcam-~:n~in~ station located on lh South Platt River al EnRlcwood hereinafter called the progr1m 2 . The !allowing amounts shall be oontnbuted to cover all ol the cost ol the necessary field and olftee work d 1rectly related to this program, but e~tclud~ng any bureau level general adminiStrative or accounting work in the off1ce of either party (a) $ , 2 7 5. 00 by the party of the first part during the periOd Octob r 1, 1987 to Sept •b r 30, 1988 (b) $ 1 , 2 7 5 • oo by the party ol the second part dunng the periOd Octob r 1, 1987 to Septe•b r 30, 19 (c) Add1honal amounts by each party during the above periOd 01' succeed1ng penods as ma be determ11led by mutual agreement and set forth tn an ncl\ange of letters between the partieS. r • J C 0 U C I L DATE April 27 , 1988 • • - C 0 M M U N I C A T I 0 N AGENDA ITEM ll J SUBJECT Appropriation of funds to Urban Renewal Authority INITIATED BY ____ c_it_y __ MI_n_a_ge_r ______________________________________ __ ACTION PROPOSED------------------------------------------------ Rec~ndation to adopt a resolution appropr i ating funds for the Urban Renewal Authority. IACKGa(UI) ec ntl , e Ci ty has loaned the Urban Renewal Authority (URA) S778 .000 wi th the .onies co.i ng fro. various funds balances and the d letion of Paving District No . 33 in t e Public l~rov nt Fund (PIF). Also, the City is curren tly studying the pos - s1bil1 ty of an Additional loAn out of the £~1oyees Pension Fund . Hopefully . w1ll hav an ans ron this endeAvor within the next couple of s . 1. • ...... • • RECOMNEMDATIOI It is reca..ended thlt Council lpprove the lttlched resolution lpproprilting funds for the Urbln Renewll Authority . • - To: Froa: Data: Subject: • • • Julia Lucae, Oliaf Accountant llarqaret rr..aan, Aeeietant Director of Finance February 27, 1917 Unearned Salae Tax On February 4, 1917, tbe City rec.ived pay.ent of uee tax fraa Kartin llariatta. '!'ben ie • queetion if tbe pay.ent ie properly due to tbe City. Iince there ie a poeaibility tbat the pay.ent aay be refUnded to .. rtin, pl--tranefar the payMnt fraa nlaa tax revenue. Pl--tranafer t97,9ll.22 froa 02-00-Illll (sal .. Tax) to 02-00-72223 (oaearned .. 1 .. !'ax). '1'be tranaaction attov1 4 ~ po8ted •• a hlb~ tranaaction. / cc: p. Li YU9DOil • - ( RESOLUTION NO. ~ Series of 1988 • • • A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. I I i3 WHEREAS, the City Council of the City of Englewood, ColorAdo, desires to a~ke certain changes to the General Fund and Public l~prove~ent Fund; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Englewood , Colorado, as follows: Section 1. The following estia~ted revenues and appropriation of funds is hereby ude in the Public l~prov-.nt Fund and the Genenl Fund: Source of Funds Cineral Fund Fund Bllance s 98,000 s 98,000 Section 2 . The following estiuted revenues lnd appropt·fltion of funds fs lleretiy INde i n the Public l~prove~ent fund : Source of funds J5il61 1c J~prov-.nt Fund s 72,000 s 72 ,000 S.Ctton 3 . The City Manager and Director of F nanc. a,.. her8y authortz o • the above changes to the 1• ludget of t Cfty of Engle.ood Adopted and approved til ts 2nd day of y, ••· An£ST : • C 0 U N C I l DATE April 2I, I988 • • • C 0 M M U N I C A T I 0 N AGENDA ITEM J ~,· SUBJECT Appotntllent to DcNntown Develop~ent Authority INITIATED BY ___ c_i_t_y_C_o_un_c_t_l ____________________________________ __ ACTION PROPOSED---------------------------------------------- Rec~ndation to appoint a ~r to EDDA to a vacancy expiring 6/30/90 Mr. Dave Ciancio, .-ho served on the Englewood DcNntown Devel~t Authority for a tena which wu to expire on June 30, 1990, recently wu transferred to a location not within the city 11•1ts of Englwood. Subsequently, he resigned f,.. the au - thority, leaving a vacancy. According to the Byl..s of the ~. the •Authority IN1 ukt ..-tnatlons of Board rs to City Council . UCGME~eATI. By a unani.ous vote, the Board of 0 rectors of the Englwood Downtown Dtvel~t Au or I ty rec s th.t tl .,oint rtd t ra 1 ft vaca t bt Oa C o, and to I . RESOLUTION NO. ~ SERIES OF 1988 • • - A RESOLUTION APPOINTING A BOARD MEMBER TO FILL AN UNEXPIRED TERM ON THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY. WHEREAS, Dave Ciancio has been a member of the Englewood Downtown Development Authority (EDDA) and has recently been transferred outside the downtown central business district of Englewood by his employer ; and WHEREAS, Mr. Cian cio submitted his resignation by letter dated March 8, 1988; a nd WHEREAS, Council desires to appoint a downtown business man to fill the vacancy left by Mr. Ciancio for the balance of his term expiring June 30, 1990; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COU NCIL OF TltE CITY OF ENGLEWOOD, COLORADO, THAT: Th vacancy cr at d by the r a gnation of Dave Ciancio ia hereby filled as follows: N Tera Exp ration • Jo { a Jun 30, 1990 ADOPTED 2nd day o MAy, 1988. Susan Van Dyke, Mayor rk • RESOLUTION NO. ~ SERIES OF 1988 • • • RESOLUTION ENDORSING COUNCILMEMBER ALEX HABENICHT FOR NOMINATION TO THE COLORADO ~tUNICIPAL LEAGUE EXECUTIVE BOARD. WHEREAS, individuals seeking nomination to the CKL Board must be elected or appointed officials of participating cities and towns ; and WHEREAS, the application for nomination to the CKL Board must be accompanied by an endorsement in writing from the applicant's City Council; and UHEREAS, the Executive Board of the CML is directly involved in the determination of CML policy on aany of the issues ha affect cities, and its meabers are representatives froa municipalities of differen popula ions, for two-year teras; and lltiEREAS, Cl would b an ass endors and suppor UOW, THEREP'O CITY OF E GLENOOO, , THAT: Counc1l Keaber Raben cht v Board and des res to BY TH CITY COU CIL OF TK! T ngl ood C y Counc1l hol h ar dly ndorses Councll r U.U ..... ICII'I 1n r b d for n 1n 1 n o h Colorado Mu ic p 1 Leagu x eu 1v ard. 2nd d y o 'I, l II • • • P R 0 C L A M A T I 0 N WHEREAS, the family is the core of society; and WHEREAS, The well-being of the family is dependent upon the development of the value system; and WHEREAS, the homemaker has the responsibility to guard the orals and ideals of the faaily; and WHEREAS, Extension Homemaker club aeabers continue in the education program in cooperation with the Cooperative Extension Service in making faaily life aiqniticantly better; NOW, THEREFORE, I, SUSAlf VAM OYJa:, Mayor of the City of Englewood, Colorado, do hereby proclaia that the City ot Englewood oba rve the week of Kay 1 through Kay 7, 1988 as NATIONAL EXTEMSIO R~ WEEK GIVEN und r ay hand and • l the 2nd day ot May, 1981. • • - EXCERPT FROM PUBLIC HEARING RE LANDSCAPE ORDINANCE MAY Z, 1988 -AGENDA ITEM 10(1) Mayor: Koucek : M1yor: Koucek: Clayton : Mayor : Clerk : M1yor : Clerk: Ro.~n s: Under Public He1ring tonight we need to consider 1n ordin1nce on finll re1ding ~nding Title 16-4-18 of the Ca.prehensive Zoning Ordinlnce. Mr. McCown, who do we h1ve to spelk to this? Don 't we h1ve to offici1lly open the public he1ring? Ohy . Your honor, I .ave to officillly open the public he1ring. Second Pluse vote . All votes h1ve been c1st, your honor. Let the record show 7 1yes . The public hear i ng is officially open . Mrs . Ro.~ns? Perfor.d Olth . Dorothy Andrews Ro.~ns , I • the Act Ing Director of Co.un I ty Oeve 1 o~~~~ent. I • I • • .. • public hearing on April 21, 1987, and the amendments were proposed to the City Council with a favorable recom.endation, and in the ~antime the Governmental Affairs Liaison Coanittee of the Greater Englwood Cha.ber of Ca..erce contacted Mayor Otis and the City Council and suggested that they had sa.e concerns about sa.e of the provisions of the ordinance and asked if Council would delay any consideration until they had a chance to review it. The ordinance was, the a.ea.ents to the ordinane was referred back to the planning co..ission , the planning co..ission then ~t with the Cha.ber co..ittee and the Cha.ber co..ittee then sent several reca..endations to the planning co..ission that they would like to have considered . We did indeeed on October 6, 1987, consider all of these reca..endations and al.ost all of the reca..endations of the ChUiber co..ittee were incorporated into the ordinance that is before you at this ti~. The planning co..ission felt that the ChUiber reca..endations were very .uch worthwhile and that they had been able to see so.e points that we had not because we were too close to thetl, so the co..ission did consider those and they were incorporated in the ordinance as proposed to be .ended at a public hearing on February 17, 1988, and at that hearing we had a letter fro., I believe it was , Ken Holt on behalf of the City liaison and Govenwental Affa irs Co..ittee of the Greater Englewod Chlllber of Ca..er"Ce, supporting the ord nance . The ordinance was then referrwed to the City Council with the -ndllltnt that had been approved following the publtc hearing . A great deal of ti~ has gone into these proposed -ndllltnts as I 111 sure you have seen fro. the info~tion that has been given to you . We have been working with t ordinance, we have been enfor"Cing it, w have not had any particular problees workhMJ with the people whose property has been landscaped . One of the provisions that w had in the original ordinance, it's in t re now, and I understand there ts sc.e concern about t speci f c 1110rding · related to those propertits re tJte IMitlding ts IMitlt to the proptrty line, it's in the business district, t re isn't really very 8UCh you can do to c011ply with the landscape ord nance, so a provision was included n t ordinance that n those cases re people absolutely could not l&ftdscape aftd t rd ng wa s thts : • because of the characteristic of t land or tJte location of existing structures (tha ts t IMI ldtng a property ltne) t s not physically poss ble or feas ble to pro for 1 ndsc p ng on the sftt, t property r shall • aH of t val of t con truct i t £ 1 F Ar • (c /c ) I • l • • • ,. .. Pharamcy where they had the fire. They didn't just repair what had burned, they did a little extra, so what's one-half the vluae of the cosntruction? How do we be fair, how can we enforce this section of the ordinance without creating proble.s. We do have some money in the landscape art fund, and I would like to enter this great long list inthe record of the hearing. This is a list of the .aney that we do have in the fund. (Ms. Ra.ans distributed the list) Now the disposal of this money, deciding where it was going to be spent was left up the City Council which is identified in the proposed amendment as the legislative body. The Council at that ti.e said -hey, we don 't want just anybody trying to decide where we're going to spend all this money that we're going to get -and you'll see that since 1986 that we have $3 ,984.47 ranging fro. $7.50 to $2,726.53, so if we're considering any alternative to what we want to do with that .aney, and certainly I would agree that I were to be depositing money in this beautification fund -the public i~rov~nt fund, I would say -hey, I gave you $2,700 -I expect that .aney to be spent near ~Y building because I gave you that .aney. If I gove , and really that's the only one that 's of .uch .a.ent, because $7.50 obviously isn't going to do a whale of a lot. You ~Y ask, and I'll answer you before you do, Why do we have $7 .50, why do we have $25, why do we have $44? It 's because those people could .est of the landscaping but they couldn 't do quite all of it, and they say, hey this is as .uch as we can do , how about letting us put $7 .50 in the landscape fund, or the beautification fund. So this is why we have those rather odd a.ounts. The only one, obviously that deposited the entire ~.aunt was M l T Ce.ent, 2250 South Raritan . The others partially landscaped,but this filled it out . I believe, Mada. Mayor , that that covers .est of the highl ights. I'd be very happy to go through the body of the landscape ordinance If you would like pointing out each of the ... ~nts. I will leave that to your pleasure. Ptrhas can open it to the Council to ask you sa.e questions before .ave on . R~ns : Alright . Than you. Cla~ton : ordinance, It says n Cl yt t I • -• • • install the sprinklers, purchase the stock, and install the stock -that it is not an arbitrary amount, it is an amount that is based on actual cost figures that have been developed by the Parks Department , and again, in the case of Mr. Spedding, as I recall, or some automobile dealer, using our figure the cost that would have been deposited would have been something like $32,000 - the cost that would have been deposited based on the landscaping plan that was submitted was something like $88,000. The difference was atrocious. But I have been assured .ost recently as two weeks ago that that Sl per square foot figure is inclusive of preparation of the ground, of the installlation of the sprinkler systeM, buying the stock and isntalling the stock. Clayton : Romans : Cl ayt on : ROlli nS: Clay t on : Was it ever considered to allow the property owner to spend that .oney to i.prove the front of his own building instead of landscaping? No , CouncilMan Clayton , that was not considered . I persoanlly think it has a great deal of .erit , but again looking at the figures, if you 're talking about the $2,700 i t would be very feasible to do sOMeth i ng i n front of that bu i ld i ng that would be worthwhile , but i f you 're looking at the $44 , $7 .50 i t would obviously not have a great deal of e ffec t . We ll , there 's one here for $4 20 th at could be an awn ing , or .•.. Yea h , it you . yor : Anyone el s ou c • • • I - • Kozacek: • • • of preparing a draft of the ordinance showing those provisions, and Mayor Pro Tem Clayton, I did you will notice put suggested sizes in that one section about which you also had some concerns. Mr. Kuhn is here, again, and I do know that he also has some suggestions about this. I think in one of his parks he let the guys talk hi• into putting down 4" of rock, saying this is going to be great, it will keep the weeds out and it will be beautiful, and they had to go in and put in the aaterial as you said, but again, Mr. Kuhn is here, and he's the expert in that area, not I. Now on that point, for the Council's knowledge and all the spectators that are here, it used to be that we always put plastic down, and 10 •ill was very efficient, then sa.e of the loan depart .. nts and stuff, ca.. out and said we won't loan .oney on ha.es, we won't finance a ha.e if it has plastic up against it, and the reason being that plastic sweats, and the ground underneath plastic will not dry out, and over the years you will start building .old and that was against foundations. Well, a lot of this aay not be around foundations and all, but if w were to say we don't want plastic and require the polyetherlene aaterial - now there's .ultitudes of na..s and that's why poly aaterial or poly cloth, as I call it, is a general na.., but it gets away fro. the actual plastic underlay, and poly aaterial allows .oisture to go through it so there won't be a rapid runoff and weeds cannot grow out of it. It is a protection base. They've used it up on the logging CIIIPS where they llY down rock over the top of it so where people have concerns of a car aaybe driving on where it's next to their driveway, the poly cloth dots not tear. You can literally drive a car over it with rock and it will not tear. It has to ~ysically be cut by a very sharp object, dtrect and rather intHH to cut tt. And this wuld also inllibtt the hlea of going to the poly cloth versus plastic because plastic will puncture. T re qain inlltbittng growth back through it. So as w continue on, later on I will suggest that these Masures wheft w c-back up to this ordtnanco for reading will be changed. Thnk you. "-Yor : -..y other questions for""'· Roaans? At this ti•, I wuld Hko to nv te a_nyoM in the audience to speak to the iuue of the ludsupe ord nance . h there UYGM in the audience who wuld ltke to speak to counctl on tuues of the landscape ordtn&Ke? A qutet group out there. 11, then I ld ltke to invite Council if anyone 's interested to provide a .otion to lo : Oo you w nt o clo public ar ng7 y r : Oh, s. t on to clos t publtc art I 'll 0 IIOV ltlo : Oftd • Y r : by I lo . Pl I vot (1 r : All ot c st, ltt ord s 7 . s . I • • • • Mayor: The public hearing is now closed. At this ti.e, I would invite Council ~rs to provide a .otion to ..end Council Bill No. 11. Bilo: Your honor, ••Y I ask the City Clerk to read Council Bill No . 11? Clerk : Council Bill No. 11, Introduced by Council ~r Bilo. An ordinance ..ending Title 16, Chapter 4, Section 18: Landscape Ordinance, Englewood Municipal Code, 1985. Bilo: Your honor, I .ave for passage of Council Bill No. 11, the intent of which is to clarify and update the landscape ordinance which we feel is necessary to create an attractive enviro~ntal at.asphere for our constituency, business owners and visitors in our fine City of Englewood. Habenicht : I'll second that. Mayor : Seconded by Ns . Habenicht. Kozacek : Your honor, 1 .auld .. ke a .otion that we ... nd Council Bill 11, page 3 under rock and stone. The ... ~nt goes to • z· •ini.u. depth on a rock bed and IS would be added to that requiring a polycloth, not plastic, as an underlay . Mayor : Vhere 's the second point? Kozacek : We 11 , ..tlere you got c, after the 4 you wou 1 d add 1 nUIIber 5. Mayor : Okay, and that is to? Kozacek : That polycloth be required as an underl~ and not plastic . Clerk: Could 1 have a clarification on the first ... ~t in that section? Kozacek : That .auld be under the rock re i t says 3" •ini.u. depth for rock bed, ch ange that to z· Clerk : Kozace Cler : yor : Okay. Thank 10'1 · Changing 3" to Z"? Right . And add ng IS . Yts, 1 hav th t . Ally d cu ston ? lllo : You want tha n c nation o • or do you want to spea to on nd l v dually? C08bination of . t ld vot for t ir Ol rl r , t h but I • -• • • Bilo: I understand that. So therefore I would have to vote in opposition to your ..end.ent. Clayton: Koucek: Clayton : Gary, I would have to tell you that I a• a little concerned too. I was at a property this afternoon, that happens to be a car wash, quite a bit of area that was landscaped with rock and I can't see that the plastic would provide any adverse probleM there, except I a• sure that it's a whole lot cheaper than the polycloth. Actually it's not. Well, when I went out to buy so.e it was .ore expensive that plastic. Kozacek: Well, if you're talking difference of 6 Mill versus polycloth, yes there is considerable difference. I '• stating this to the Council as a professional landscaper that if you use plastic your longevity of plastic is one -fourth of what the polycloth this . Ok? Four years down the road, three years down the road, depending on the weather changes and stuff that we've been seeing and the tre.endous difference, the life span is going to be shorter on that -we 're going to have this real nice roadway down Broadway or wherever the businesses are which looks good for one , two, three, at the outMost four years . Plastic generally lasts two years and that 's without a lot of traffic on it . Where it 's go i ng to be on business sectors and people walk on it and all, you 're going to get punctures in it, now that so called pretty landscape is going to have weeds growing out of it . Do we want to go back then and uke another -ndMent to this ordinance every two years or every three years. You have to COMe back, pull all that rock out, redo it cause it 's got weeds growing out of it . We already require theM to uinhtn tt . Okay, we 're adding an added burden on to theM by not ..• tf we 're going to have stipulations to this, theft we should go ahead and put dcMn the requireMnt that will uke sure that the lonttvtty will be better . That 's IIY arg-.nt to having this requireMnt of the poly cloth . Clayton : May or : Ha nicht : yor : n: or : Well , on the ba s t s that the cos t t s st•t lar , I would s upport that . Any othe r d iscussion? uld i t be possible t o ar Mr . Kuhn's f lings on th is issue? . Kuhn, could you pl as c , J thin t o olut lt co uld you pl a fo rw ard . h s nt on.d ar nd addrtu : r : Th n You . I t u . , . I . • • • Hathaway: Have you put that into practical application in the Parks and Recreation Department already? or not? Kuhn: The use of the Polycloth? Yes I have. There are different varieties on the market right now. It used to be a real expensive product, but now the cost has co.e down . There are a lot of c~etitors in the •arket so the price has co.e down. There is good quality product and it does, we've had it down in places for four/five years and we haven't had a probl~ with it co.ing through. If you don 't use it, you do have a probl~ of weeds c~ing up thru plastic as plastic deteriorates, holes that for. in plastic. Mayor: Thank you for that insight. Bilo: Leon, does the City use this polycloth now or have you been using it, and is it a c~n practice in the city to have it down there now? Kuhn: We used it starting about five years ago, prior to that it was difficult to -it's a relatively new product, and it's been on the .. rket , oh, eight years, okay? and we have used it probably for five years. We have found it to be very effective and it has reduced our •aintenance costs. Koltay: I just have a question · is the na.e polycloth, is that the .. terial or is it a brand? Kozacek : No, It's not a brand. Kuhn : I think it's .. tnly a .. tertal · there are different types of fibers Involved with that .. tertal ·you can get fiberglass type .. tertal, you can get polycloth, as Counctl .. n Kozacek's .. ntioned, those are the two popular ones I know of . One .. tertal is very si•tlar to petro.at. Kozacek : Yeah, you can call it petro.at. There's, like I trted to alert you, there's several brands, and I don't want to restrict it to one particular brand, so that t ov rall description of polycloth ope~~s i t up to sev ral brands . I personally have never found one that was called polycloth, and that 's y I used that te~ v rsus your petro.at, tch ts a set .••.• thought In atnd you tiOMd you aho thtn 1119 about plac t phcift9 t a at at t H t pol ,. ••• I -• • • Kuhn: Well, I think the 2" is fine. I would maybe, you might want to term it porous filter fabric or weed fabric. Kozacek: Would weed fabric be leaning one way over the other? Hathaway: That weed fabric as I recall it is a main brand for one of them. Kuhn: Is there? Kozacek: We can't have a na~ brand DeWitt: Can we possibly have a couple of weeks to ca.e up with a definition for this stuff? Why don't we go ahead this evening, we •ight be dealing with a detail subject that we do not have all the resources available. I can sit down with Mr. Kuhn, we can look through his books and that, consult with Council .. n Kozacek to .. ke sure that we have the na.e identified in a generic enough fashion ........................ In that way, we have it cleaned up, wording in fo~ that .. Y be palatable to this Council and we can then proceed on that particular issue. In a.ending, I've found it useful, if you're going to do a lot of a.e~nts, it •ight be good to do all those a.end.ents over the next course of the week consulting with Council people as to how they thought it was going . Mayor: Nr . DeWitt, I 'd like to ask you a legal question if I .. y. If we vote on the ~nts, and let 's say vote on the ordinance with the ... nd.ents, this evening, could we take the ti .. between now and the second reading to clartfy the definition of polycloth, would that .. et the needs of this particular tssue? DeWitt: Mayor : Bflo : ti ... Oh, yeah . Okay, thank you . Mr . Btlo? Mayor , I ~v that Mayor : T re 's bHft a ~tion to table the -•lftts . Second? Koza ce Second . Ha nic ht : 't under s tand •••.• lllo : yor : 8 1 Cl . , d cu t ft I 111 I'd 1 0 a t ton t o l' VO l • 1 • ord sh fo ur or Van I . • • ,. .. Mayor: Mr. Clayton? Clayton: Actually I have three amendments I want to offer. The first one is to address the question that Dorothy and I briefly discussed, because of the characteristics of the land or the location of existing structure that it's not physically possible or feasible to provide landscaping on the site, let me tell you want I want to do, and then I'll give you the wording. I think it 's contrary to the intention of the landscaping ordinance -we want to make this city .are beautiful -to tell a person whose building, because of its construction or its location that he can't by his own structure that he has to spend .aney to beautify so.e other part of the city. I think that makes some other part of the city beautiful and I think that aakes his ca.petitive disadvantage worse and worse, and I would use the exa~le of MD Pharmacy. I wish that they had •ade their building 1 little prettier when they redid it, and perhaps if they had had this opportunity they could have. What I'm going to suggest is that we allow the building owner to chose one of two options: 1) is to do as the old ordinance suggested -deposit an amount equal to $1 times 101 of the lot area into the i~rove.ent fund, or 2) to spend an amount equal to that on i~roving the exterior of the appearance of his building facing the street within a three .anth period beginning with the date the ordinance would affect the property and provide the Building Depart .. nt or the City with invoices, estimates, or other .. ans to justify the ~.aunt spent . If it would be more convenient for .. to prov i de the exact wording to the Ci ty Attorney after the .. eting , I could . If you 'ld l ike , I could read it to you . Th is one is a l i ttle bit lengthy . DeW i tt : I have on e here now . Th e next amendment that I 'd l i ke to make , well , I would also note that~ chang e c lari fi es that the lot is .. asurtd i n square f .. t . There se .. s to hav e been some confusion about one t i .. s 101 of a lot area , i s that square feet, square yard s, or what . So that c lar i fie s that . • 10 • I . - • • • • between that $45 for a 1-1/4" tree and the $200 for a 2" tree is a substantial burden that I don't think is necessary . In that sa.a connection, •Y third suggestion is that we delete the deciduous tree require.ent. Deciduous trees are water hungry, break under snow load , they require high .aintenance to keep pruned, they drop leaves all over the place that clogs up the sto~ drains and have to be raked. Evergreen trees survive with less water, don't break under snow loads, don't require pruning, and again we are being too restrictive. We should allow our business .. n to do a good landscaping plan, .aintain it, and let the. use a little bit of their own i-.gination to .ake the landscaping attractive. So I will offer those three ... ~nts and I would be happy to offer the. as one a.an~nt or individually. I guess I'll offer the. all or individually if you want to vote on the.. Mayor : Well , Mr . Clayton since you haven't actually .ade a .ation to a.end , .ay I put forth a suggestion? It is apparent that you have so.e very valid points, both you and Mr. Kozacek, with a.anding this particular ordinance . I think it would be prudent at this ti .. to table the Council Bill and direct the City Attorney to go back with you requested a.e~nt by perctse or concise language interpretation of your concerns and at the next Council .. ting we can provide those revised a.end-.nts and vote on t-. and then vote on the Council Bill . Clayton: Kozacek : Then I 'll .ave that we table Council Bill No . 11. I ' 11 second. B11o : Your honor, there Mayor : There 's no discussion with a table . ltlo : Yes , there is. Potnt of order . Detlttt: There 's no dtscusstOft Oft a table . No . That ts .-at wa s just Oft the cuff ftve •tnutes ago I thtnk . Btlo : tt? Detlttt: or: tt : 8 lo : Hath y : 8 lo : But the Council 1111 wa s .avtld Pet approvtld . How cu you table No. Council ltll was .aved and secOftded. It hid Mt And • nd thlt But I as ed for t questtOft. fore .... ? lefo asktd for t Let 's tru t t attor.ey lad ti • I) • to c vottcl "'*'· I • • -• • • Bilo: If you want to read it on the minutes, I asked for the question Mayor: That's correct, Mr. Bilo. You position is correct. DeWitt: A MOtion to table tho is not debatable, and I'• checking the authority in here .... Bilo: I understand that MOtion, but I MOved that the .ation -called for the question for a vote before the amendment was made and before the .ave to table was made. DeWitt: An actual call for the question? Hathaway: Yes, he did. Bilo: Yes, do you want us to read it back? DeWitt: When was that done? Precisely? Mayor: Mr. Bilo called for the question at the s ... ti~ that Mr . Clayton asked to present s~ ... ~nts, and I gave Mr . Clayton the floor. Kozacek: May I ask if Mr. Bilo's Intent was trying to push an ordinance through that is not palatable by all -..hers at the tt .. ? B1lo: All that wuld be required wuld be a vote. Yes. DeWitt: let • go through the provision in our ordinance here. That Indicates that, let .. read through tt, the section dealing wtth thts subject Everyone talking at once. DeWitt: The way our, let • double check here --according to Roberts Rules of Order, the chatr -.y decide tt to be a question aftd tf tt ..as not dete ... tned as a questt• at that point tn tt•, the speaker should be allo.ct to continue .-tch dtd occur h1 this particular situattM . So your question was waived and overrvled by the chair 111 thh particular situation. So the •t ton according to rules of debate, because according to Sect fon C tt uys a ..-.r once recognized should not be interrvpted tle spea tng. And I tn this particular cas right re that there as confl cttng points, but tt wasn 't pursued, tt a e entt lly ov rrultd by t cha r . T st on, o •.•• yor : At th s st a .at on to tabl t ordtn •• Kouc Clayton : tton hu floor . and s . It 's alre yon t yor : .,. vot " c t, r . l t ord s . u . I • • • • Mayor: The motion is tabled, and as I previously stated, we will direct the City Attorney to work on the suggested amendments. Bilo: Your honor, are these amendments going to be presented to the P & Z Board or are they just going .... Mayor: They are not required to be sent back toP & Z ... Bilo: But are they going to be. l would make that suggestion. Mayor: Well, how does the rest of Council feel? Habenicht: I would support that. Hathaway: Well, they .eet ta.orrow night. That would be great. And it would still aake it in a ti.ely fashion so that we could consider the. at the next Council ~eting. Btlo: The rationale is that P l Z Board has put a lot of work into this, and here we are aaking five a.enG.ents that will .adify what they have suggested to us without their knowledge and if we present it to the. and have the. give us so.e feedback, it aay be helpful. Kozacek : I don 't have a proble. with that, Joe, but I do have a probl .. with the idea that it had been asked that I direct this to staff and aake so.e rec~ndations to th• and I did that in a tt•ly aanner and in a very open foru., I didn 't put it in writing because I wanted to leave the door open for so.e alternatives and that was never followed through. So the point was brouvht up on ~ 1 ssue .•. ltlo : I 'd like to '"your there too to s" llltlat sc.e of the people are saying -particularly sc.e other landscapers other than you and aaybe they can vtv us sc.e tnput that · could .ake a good decision on . I lo: . I • I -• • • know that the Chamber of Commerce were concerned, and I was 1 little dismayed to find that they hadn't included those in their original amendments. I talked to sa.e of the MeMbers of the Cha.ber about that and they felt that they had suggested about as .uch as they thought they could get, so .... Hathaway: I'd like to see that they have input also. Mayor: Thank you for your ca..ents. I do appreciate it. Meeting continued with Ite. ll(a) • •• • I . • - • • • . .. ·------------- TS--------------I . • - • • A&DI)A ITEJI , 'J~) PHSEIITED IY ---~-- ~ ~(f ·'j <~j,Jj ?!' I • - • • J-0 e 30 7 • • • AGENDA ITEM PI£SOITED IY ---- /};(J c/ 7J ;tut :? -p /5 ~ /) I . • - • • AGENDA ITEM ~d PIESEIITED IY ------ I . •• - • • PIESEIITED IY MTIOih ===----- I . • - • '. • AGENDA ITDI /0 {A_J I •• - • • ( ;9?7 ( PI£SEIIfm IY j ...-' rtJ ..2 _,.-,-., ( ~ 'I" / .,.... e._...-' ry y~ /} I 7 ~\ /~ ~ (C:!.. /2_ /} J (.f l / r. r <---::?- l t" <2--./ ,-... //? 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