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HomeMy WebLinkAbout1988-06-06 (Regular) Meeting Agenda• - • • CITY COUNCIL REGULAR MEETING - JIME 6, 1988 • • • 0 {~. .(_~({C. 4<. G /~ I ~ I (J"" tl~ v /Jr. C-l ~rf~ & /7 I .1' 1'1./ z.c. I 4-t'!H ? ~ I I • • • - I. Call to Order • • • EJI&LEVOOO CITY CCIUICIL EJI&LEVOOO, ARAPAHOE COllfTY, COLORADo Regular Session June II, 1188 The regular -..ttng of the Englewood Ctty Council was called to order by Mayor Van Dyke at 7:43 p.•. 2. Invocation The Invocation was gtven by Council Ne.ber Koltay . 3. Pleclte of Alle,ianc:e The Pledge of Allegiance was led by Mayor Van Dyke. 4 . loll Call Present: Absent : A quoru. was present . Also pre t : Council Me.bers Hathaway, Koltay, Kozacek, Habenicht, Clayton, Van Dyke None . A vacancy wa s noted . • • •• r Vargas ttt EngleWOOd City Council Minutes June 6, 1988 -Page 2 • • • (a) COUNciL IIDBER KOZACEK MOVm, COUNciL MEJIBER CLAYTON SECOfl)m, TO APPROVE THE MIIIITES OF THE REGULAR MEETING OF NAY 16, 1988. Ayes: Council Members Koltay, Hathaway, Kozacek, Habenicht , Clayton, Van Dyke Nays: None None None Abstain: Absent: Motion carried. 6. ~-scheduled Visitors (a) Steven Ell is, President of Ru Hill Rescue, Inc., 1825-35 West Union Avenue, addressed Council relative to Agenda ltet11 ll(d) -a proposed bill for ordinance relating to towing regulations. Mr. Ellis offered comment s and cautioned Council of possible probletas which could results fr0111 awarding a towing contract based solely on low -bid procedures. Mr . Ellis expressed hi s concern over the "conflict of interest• issue and how it would affect so.e of his et1p 1 oyees . CCUICJL -.a KOZACEK NOVED, CCUICIL NEMER CLAYTCII 5£C()fl)m, TO IRING FOR - WAilO M0GA ITDI ll(d) -CCUICIL llll 110. lt, SOlES OF 1tll. ~es : Council Me.bers KolttY, Hathaway , Kozacek , Haben ic ht , Clayton, Van Dyke None None None Nays : Abstain : Absent: Motion carried. Tlll • KAPT I -• • • Englewood Ctty Counctl Mtnutes June &, 1988 -Page 3 COUNCIL IIEiaEI CLAYTON MOVED, COUNCIL MEMBER KOLTAY SECONDED, COUNCIL BILL NO. 19, SERIES OF 1988. Council Melber Kozacek expressed his opposition to the Bill u •it does not lock in a fair and equitable decision of who gets the contract.• Council Ke.- ber Clayton and Mayor Van Dyke expressed concerns about the Bi 11, both COIII - .. nting that co.petition is healthy and that we need to find ways to increase, not li•it it. However, they stated they would be supporting the ordinance. Vote resu 1 ts: Ayes: Nays: Abstain: Absent: Motion carried. Council Me.bers Koltay, Hathaway, Clayton , Van Dyke Council Me.bers Kozacek, Habenicht None None Council Me.ber Habenicht explained that she felt the probl .. s were not severe enough to warrant the changes, that the utter could be addressed in a dif- ferent unner. Council Me.ber Koltay requested that Mr . Ellis be provided a copy of the proposed ordinance . Mr . Ellis returned to the podtu. and responded to certain stat ... nts of Chief Hol .. s . He clai• background checks were not currently being conducted by the Police O.part.ent; he stated R• Htll Rescue had never filed a c011plaint atatnst anyone, that contracttng with a larve nUIIIber of c011panies would .. an a huve ..ount of work; he was concerned about the possible conflict of interest sttpuhttOft and how tt W0411d affect hh -.loy s . Acting C1ty ......,_r Varta s responded cone rntng the confl tct of tnterest is - sue, statt,. the City of EngltliOOd and its -.loyHs hold 1 public trust ; therefore, there ts a standard of conduct and behavior that the City has es - tabl tshed througfl ordtn and adlltinhtrlth procedures to safeguard that public trust . • VlrtiS steel an opportunity to pres nt thts utter to Council n a ~,.. det1 lid r for furt r consideration. Councfl so ny furt r . 7. his cone rn rn ng tt . rs . t t PISS of this 8111 n rtec1 Cou t1 to loo 1t th ts • • • • • Englewood City Council Minutes June 6, 1988 -Page 4 Motion carried. (b) MYOI YM DYU NOVED, CCUI:IL lOBEI HATIWIAY SECOIIDm, TO PROCLAIM THE ROICTH OF .JliE 1988 AS •I£CYCL111i RONTH• Ill TIE CITY OF Ellil.EWOOO. Ayes: Council Ne.bers Koltay, Hathaway, Kozacek, Habenicht, Clayton, Van Dyke None Nays: Abstain: llone Absent: llone Motion carried. (c) CCUI:IL .,_. CUYT. NOVED, CCUI:IL _,.EI lOZACEl SECOIIDm, ·To ACCEPT TIE CCIIUIICATI• FICII TIE NilS AM) I£CI£ATIOII COIIMISSI• TO I£VIEV I£COIIMOilATJOIIS ll£UIDIIII THE E1lljl fMOCID -F COURSE. Ayes: Council Me.bers Koltay, Hathaway, Kozacek, Habenicht , Clayton, Van Dyke llone Nays: Abstain: None Abse~~t: None Motion carried. 9. Consent Atenda COUNCIL IDIEI lOZACEl IIMD, CCUI:IL 1D1E1 lOl.TAY SECOIIDm, TO ACCEPT COII- 500 AlomA nos t (a) '--<•>· (a) (b) (c) (d) (e) (f) (g) on c arr Minutes of the Fire Retire.nt Board .. ting of January 11, 1988. MiRUtes of the Board of Career Service Co.hsioners .. ttng of March 17, 1988 . Minutes of the Englewood Downtown Dtvelo~nt Authority .eating of April 13, 1988. Minutes of the Board of Adjust..ent and Appeals .. ttnv of Aprtl 13 , 1988. Minute s of the Parts and Recreation Co.tsslon .. ttng of April 14 , 1988 . MtRUtes of t Urban al Authority tfng of Ma,y 4, 1988 . Mfnute s oft lfquor l censfng Authority tfng of May 4 , 1988 . Ay s : Council rs oltay, Ha h ay , Kozac , Haben icht, Cl aytOfl , V Dy 10 . ,_.lte MMrf"' pub1 11 . Or4f ul • • Englewood City Council Minutes June 6, 1988 -Page 5 •' • • - (a) Assistant Director Romans presented a recommendation from the Plan - ning and Zoning Commission to adopt a bill for an ordinance amending Title 16 of the Englewood Municipal Code regarding the landscape Ordinance . Ms. Roman s stated there had been a public hearing concerning changes to the landscape Ordinance on May 2, 1988; several a.end.ents had been proposed at the hearing , and the matter had been referred back to the Planning and Zoning Commission . The bill for an ordinance now under consideration incorporates those amend - ments. Ms. Ro.ans further stated that the a.endlents had been reviewed by the Greater Englewood ChUiber of Ca.erce Govern~~ental liaison Co.ittee. She briefly detailed the various amendlents and responded to comments of Council . COUNCIL BILL NO. 11.1, INTRODUCED BY COUNCIL MEMBERS BILO/CLAYTON , WAS READ BY TITLE: AN ORDINANCE AMENDING TITLE 16 , CHAPTER 4, SECTION 18: LANDSCAPE ORDINANCE, ENGLEWOOD MUNICIPAL CODE 1985. COUNCIL NEJIIEl CUYTOII MOV£0, COliiCIL NEJIIEl JtOZACEK SECONDm, TO APPitOVE COUNCIL IIU Ill. 11.1, SEIIES Of 1911, AS MOID£D. It was clarifi~ that Council Bill No . 11.1 as a.ended would require a second reading . Council ~r Kozacek stated he would abstain fro. voting on thi s a.tter due to a possible future conflict of interest. Vote results : Ayes : Council ~rs Koltay, Hathaway, Habenicht , Clayton , Van Dyke Nay s: None Abstain : Council r ozacek Absent : None Mat to n carrt~. Council r Koza ce ca..ented that Council should constd r the re s tra i nt of tr s, shrubs, etc. n street Mdtans i n an effort to con -urv wat r. t ll CIL llll Ct.AYT ndat ion fr t e C • ordinanc kh uld • • Englewood City Council Minutes June 6, 1988 -Page 6 Ayes: Nays: Abstain: Absent: Motion carried . Council Members Koltay, Hathaway, Kozacek, Habenicht , Clayton , Van Dyke None None None (c) Chief Hol .. s presented a reca..endation fro. the Police Department to adopt a bill for an ordinance ~nding Title 4 of the Englewood Municipal Code relating to Emergency Telephone Service Authority. He explained that the original ordinance approved in 1987 (Ordinance No . 45) stipulated that to be - come effective all involved govern.ental entities .ust sign the agree-.nt . As the City of littleton did not enter into the agr...ant, it now beco..s nece s - sary to a.end Ordinance No . 45, Series of 1987 . Wfth the approval of Counc il Bill No . 1B, the E.ergency Telephone Service Authority -E911 can becOIIM! a reality . Chief Hol .. s responded to quest io ns and explained the ift1Provements which will be re~lized with the establish .. nt of E911. COUNCIL BILL NO . 18 , INTRODUCED BY COUNCIL MEMBER KOZACEK, WAS READ BY TITLE : A BILL FOR AN ORDINANCE M£NDINC ORDINANCE NO . 45 , SERIES OF 1987 , AND OR - DINANCE NO . 60, SERIES OF 1987 , CODIFIED IN TITLE 4 , fNGLEWOOD MUNICIPA L COO 1985 , PERTAINING TO £MERGE Y TELEPHONE SERVICE AUTHORITY . CCUI:Jl fOlD UZACS NDVED, CCUI:Il fOlD HATIWMY S£CCII)O, TO APPIOY£ CCUI:Il IIU •• 11, SOlES OF 1-. ~es: Council rs Ko ltay , Hathaway, Kozacek , Habenicht, Clayton, Van Dyke Nay s: Abstain : Absent : Motion carried. (d) proved ls Co nell 8111 • 19, S rtes of 1988, was ap - Pa s 2 and 3, It 6(a). Englewood City Council Minutes June 6, 1988 -Page 7 .. • • - that he had been unable to locate that stipulition in the document. Mr . DeWitt requested 1 brief recess to research the ••tter. COUIICIL ..a ltOZACB ROVED TO HCESS FOil TEN MIIIITES. The .eeting reconvened at 9:40 p.•. with all .eabers present. Mr . DeWitt ex - plained that the docu.ent had undergone several revisions, that at some point the stipulation clause had erroneously been re.oved. He reca..ended that the clause be inserted as Paragraph 13 as follows: •13. The purchase .oney note payable to Seller shall be secured by 1 first deed of trust superior to all other interests. Purchaser shall obtain the necessary releases and subordination as is necessary .• Subsequent paragraphs to be renlllllbered 14 and 15 respectively. Mr . DeWitt requested that the agree.ent as ~~~ended by initialed by each Council Mellber indicating their approval of this change. COUNCIL BILL NO. ZO, INTRODUCED BY COUNCIL MEMBER KOZACEK, WAS READ BY TITLE: A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT FOR THE SALE OF REAL PROPERTY, SAID PROPERTY COMMONLY REFERRED TO AS THE •KING SOOPERS SITE.• COUIICIL .,_. UZACB IIDVED, COUIICIL ..a CLAYTC* SECfiiO, TO APPROVE COUIICIL llll •• 20, SOlES Of 1-, AS MEaD. Regarding the appraisal price, Council .....,_r Koltay stated it was hts under - standing that staff and t Engle.ood Urban Renewal Authority will contact JWM in an atte~~Pt to resolve the discrepancy in price without the need of a third appraisal . Vote results: Ay s : Nays : Abstltn : Abs n t on nrr td . Council rs Koltay, Hathaway, Kozace , Habenicht, Clayton , Van Oy I Englewood City Council Minutes June 6, 1988 -Page 8 • • • Special Assess-.nt Funds -Govern-.ntal Accounting Standards Board (GASB) now requires that separate budgets be established for Spec h 1 Assessment Funds, one for construction and one for debt service, hence the two budgets: Special Assess..nt Debt Service Fund -S590,000 Special Assess.ent Construction Fund -S397 ,000. Ms. Free.an responded to questions of Council concerning proposed federal law. She stated that no final decision had been •ade for the accounting ~~~ethods which will have to be adopted to ca.ply with the proposed law. * * Mayor Van Dyke left the Chair at 9:46 P·•· The resolution was assigned a nUMber and read by title . RESOLUTION NO. 34 SERIES OF 1988 A RESOLUTION AM£NOING THE 1987 BUDG£T. * * COUICIL lmiiO lO~ fiDVED, COUICIL lmiiO HATIWMY SECOII»ED, TO APPROVE I£SOLUTI ••• 34, SOlES Of 1118. Ayes : Council Me.bers Koltay, Hathaway, Kozacek, Habenicht, Ch,yton Nays : None Abstain : None Absent : Mayor Van Dyke Motion carried. (g) Actfng Oi~tor Free.an presented a reca..endation fro. the Ffnan c Oepart.ent to adopt a resolution approving the ICM Retir nt Trust and ap - point ng the ICM Retiraent Corporation u Trustee for fnvest.ent of City lCM funds . Ms . freet~~n explained this action was required by n reguht on s of the Security Exchange c .. tssion (SEC). Ms. Free.an confirlled th re uld be no ldditfonal ~d. ntstrattve expenses for t Cfty . * * MaJor VM DJb res..-N tM Chatr at 1:57 P·•· * * Th olu ton s 1 Jl SOl.UTI a n rand read by tftle: T lOZM:Ot , TO , Hat y, Ol I . - • Englewood City Council Minutes June 6, 1988 -Page 9 Motion carried. • • • (h) Acting City Manager Vargas presented a rec~ndation to adopt the Six-quarter Budget for April, 1988, through Septetlber, 1989. He exphined that this was being brought to Council for its quarterly review. No new funds are being requested and scheduled projects reeain the sue. Mr. Vargas re - quested reaffi~tion of the Public I~rov ... nt Funds by .otion. COUIItll IIEMEI lODCEIC IIMD, COUIItll ._EI lOlTAY SECCII)(D, TO ADOPT THE 511-QUARTEI IUDiiET FOI THE POIOD APIIl, ltll, THROUiiH SEPTEJIIEI, 1919. Ayes: Council ~rs Koltay, Hathaway, Kozacek, Habenicht, Clayton, Van Dyke Nays: None Abstain: None Absent: None Motion carried. (1) Acting City Manager Vargas sut.itted for Council 's approve the license Agreaent between the City of Englewood and the Englewood Cultural Center concerning the sculpture by John Scott entitled "Ca.e Back My Brothers". The agree.ent stipulates the specific site for the location of th sculpture, insurance coverages for liability, etc . He infonltd Council that the ag,.....nt had been reviewed and signed by the Englewood Cultural Center and John Scott . CCIUIICil ._. MTHMMY IMO, CCIUIICil _. UZACEIC, 1M0 TO ACC£PT TM£ liCEJIS( AafEID'I I£1WEI TIE tin Of IFWI nee -TIE ~(MOOD CULTUW. CEJml ...... THE •c:. ua 11Y ~· sc:ua.m.. u . ••• ~es : tounc 1 r s Kolt~, Hath ~. oza ce , Haben tc h • Clayton , Ya Oyk c t r effort s ed t Engl Z7 , and Zl . ust lith . 1. n "t s tated • - • Englewood City Council Rinutes June 6, 1118 -Pate 10 (a) Rayor 's Choice • • • Rayor Va11 Dyke did 110t have afty •tters to bring before Council . (b) COUftCil "-ber 's Choice There wre no further •tters to be discussed. 15. Mj..-.-nt CCIUIICIL ..0 ICOZACEX ROVED TO ..... The .eet 1 ng adjourned at 10: 11 p ·•· ( 1. 2. 3. 4. 5. qflo 6. 7 . •• • • ,. • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL JUNE 6, 1988 7:30 P.M. t' //: A'J..J. 7.· t/ .3 ». H7 Call to order. /~~ ~~ r Invocation. ~~ Pledge of allegiance. j/~ ~ ~~ &;; uac~cr Jlinutea. (a) Minutea of the reqular • ;.7~!.f ~)~88. Pre-Scheduled Viaitora. (Pleaae liait your preaenta ion to ten inutea.) (a) Mr. Steven Ellie, Preaident will be pre• n to d1•cu•• ( ) ( ) owinCJ. ( l i I • • .. • Page 2 June 6, 1988 City Council Agenda 9. Consent Agenda. Minutes of the Board of career Service Commissioners meeting of March 17, 1988. Minutes of the Englewood Downtown Development Authority meeting of April 13, 1988. Minutes of the Board of Adjustment and Appaals meeting of April 13, 1988. Minutes of the Parks and Recreation Commission eetinq of April 14, 1988. Minutes of the Urban Renewal Authority meeting of May 4, 1988. Minutes of the Liquor Licensing Authority eating of May 4, 1988. 10. Public H arinq. -~ and Zoning co •• on 16 of Landaeape / / I I . • - • • Page 3 June 6, 1988 city Council Agenda ~ ~~ _ -~~acilitate sale of city-owned property in Trolley ~~VI' Square. 1 .1\ ~,. v 0 {f) Recoaaendation fro• the Finance Departaent to adopt a 6; Resolution aaending the 1987 Budget. ~~~ ~Ah. (g) Reco .. endation fro• the Finance Departaent to adopt a ·~ Resolution approving the ICMA Retireaent Trust and ap-~~~£.)0~ pointing the ICMA Retireaent Corporation as T~tee for ~ ~ inveataent of City ICMA funds. ~;!~~ .... Jif' ~:;o P> Reco .. andation froa the City Manager to adopt the Six- IT~ ~ Quarter Bud9et for April, 1988, throu9~~!:~~ 1989. ~:~ dt tJ (i) License A9reeaent for "Coae Back My Brothe~ Sculp~ 11\~o w~;~,.,.«L~ r' 12. city Mana9er'• Report. '1l~r 112 ~ A i.J¥1-. ,_ ~l . 13. City Attorney'• Report. (J) &-14t /"-' ~Ne~ ,.. ~~~ ~ {I)UJ..b ~~~ ~~~ 14. General Discussion. r--· (IJ) /'4f.iw-~Q ~~~--C~ (a) Mayor's Choice. (b) Council Meaber's Choice. 15. AdjourruMnt. /1 ,( ?/'7 .. , Peter H. va.qaa Act i n9 Manager p /1 I . • • 8 A , PROCLAMA'l'IOR WHEREAS, by Act of the Congress of the United States dated June 14, 1777, the first official flag of the United States was adopted; a n d WH EREAS , by Ac t o f Co n g ress dated August 3, 1949, June 14 o f each year was desi gnated "National Flag Day;" and WHEREAS, t he Congress ha s requested the Presiden t t o issue annually a p roc l mation d esig nating the week i n wh ich June 1 4 occurs a s a ional Fl g Week; and WHEREAS, o n D c mbe r 8 , 198 2 , t h e Na tion 1 F l 9 Day Found 1 0 n wa c ha r red o conduc ducat ion 1 pro g r am s and to ncourag• all r1c ns t o PAUSE F OR TH! PLEDGE o f all gi nc as 1 o nal Flag Day cer monies ; a nd GJV Flag Day c 1 b ra t es our Na t ion 's symbol of unity, a r p u blic, and a ands fo r our coun ry •a d vo 10n o he r u l o al l , and o qual r 1 gh s for all ; r y nd n a 1 h C t y o DAY 1n h day o J un , 1 ) • • .. • 8 B · PROCL A K A 'l'I O . ~IEREAS, citizens and visitors of Colorado enjoy the beauty of the state , its mountain s, plains, and cities; and WHEREAS, recycling protects the environment, reduces landfill needs, and has a positive economic impact by sav ing precious energy, conserving valuable natural resources, creating jobs, and paying citizens for their recycling efforts; and WHEREAS, the S a e of Colorado b nefits greatly from having one of he mos successful and extensiv recycling pr09rams in the na ion; nd \~1 REAS, Recycl Now! is a s atew d nonprofit educational org nization promoting the growth of recycling in Colorado; and WIIEREAS, h o aid ngl woo •s , ood , d nd 1 will continue nviroi\JIIent; Ci y o l ae - 1. Call to Order • • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Re ular Session May 16, 1988 A The regular meeting of the Englewood City Council was called to order by Mayor Pro Tem Clayton at 7:35 p.m. 2. Invocation The invocation was given by Council MeMber Koltay . 3. Pledge of A11et1ance The Pledge of Allegiance wa s led by Mayor ProT Clayton. 4 . Roll Call Present : Council rs Hathaway, Koltay, Kozacek , Bllo , Habenicht, Clayton Absen : Mayor Van 0 e A q orwa wa s pres nt . Also pres n IUnutt y • TO , 8 lo , lOU" [I( KCOII)(D, TO -• • • Englewood City Council Minutes May 16, 1988 -Page 3 COUNCIL MEMBER HABENICHT MOVED, COUNCIL MEMBER IILO SECONDED, TO RECEIVE THE REVISED EN&LEWOD PUBLIC LIBRARY DISRUPTIVE BEHAVIOR POLICY FROM THE LIBRARY ADVISORY BOARD. Hathaway, Kozacek , Bi lo , Aye s: Nay s: Abstl i n : Absent : Counc i l ~rs Koltay , Haben ic ht , Clayton None None Mayor Van Dyke Mot i on c ur l ed . 9 . Consent Agenda COUNCIL MMER HMENICHT MOVED, COUNCIL ..at HATHAMAY SECOIID£D, TO ACCEPT CONSENT MEJI)A ITEM 9 (a) THROUIH (e) All) TO APPIOVE CONSENT AIOIDA ITEM 9 (f). (a) (b) (c) (d) (e) (f) ll . Ot-4 Minutes of the Englewood Housi iiCJ Author i t y Met ing of Ma rch 30, 1988 . Minutes of the Urban Renewal Authority •etings of April 6 and 13, 1988 Minutes of the Election Co.alsslon Meting of April 1Z, 1988 . Minutes of the Planning and Zoning Co.atssion .. etlng of April 19, 1988. Minutes of the Liquor Licensing Authority Meting of April ZO, 1988 . Ordinance No . 16, Series of 1988, Introduced by Counc\1 Mellber Kozace , ntttled : M OfiDl E APPIIOYl THE JOllfl flll)l Alia[ NT IETVUN THE CITY Of £ l£WOOO 81 -C lTY WASTEWATER TREA NT PlMT MD THE U. S. Ci OlOGJCA SURVEY fOR THE OPERATION M l NTE E Of A STREM · GAGI STATION lOCATED ON TH SOUTH PLATTE RIVER AT E lEWOOO. A¥ s : Council rs Koltay, Hath IJ, lozac , lllo, Ha ch , Clayton 01 • - Englewood City Council Minutes May 16, 1988 -Page 2 • • • Ayes: Council Members Koltay, Hathaway, Kozacek, Bilo, Habenicht, Clayton Nays: None Abstain: None Absent: Mayor Van Dyke Motion carried. 6. Pre-scheduled Visitors There were no pre -sc heduled visitors. 7. Non-scheduled Visitors There were no non -scheduled visitors . 8 . Ca..un 1cat1ons and Procl ... ttons COliiCil ~El HATHAMAY NOVm, COliiCil RERIEl ltODCB S(CCMI)O), TO ACCErT WITH DEEP IE&ItET THE RESI&IIATION Of JOSEPH V. IILO, ... , AS CCUICIL RERIEl AT -LAUE EFFECTIVE MY 31, 1981. Statet~ents of regret and appreciat i on for serv ic es were tendered to Mr . Bilo . Ayes : Coun cil Nays : Clayton None r s Koltay , Hathaway , Kozac e , Haben icht , Absta i n: Absent : Coun ct l "--ber Bl lo Mayor Van Dyke Motion carr i ed . COliiCil fOIR ltODCEl IIOVID, COUIICIL ltOl.TAY S(CCII)[D, TO ACCEPT THE FOLLOWIN8 CCIIIUIICATIOIIS CCIICEMIN8 THE COUIICIL ..-n AT -LAII£ VAC*Y: (a) l£TTEI FIOR DOl WilliAMS (b) l£TTR FICIII TNM UU. (c) LETTER FICIII DOl SMITH AND TO ACCErT WITH UIUT THE Sl n• Of lOIS STOLl ,_ THE PUILIC LIIRAIY IOMD. Ay s: ol tay, Hath ay, o;r Btlo, OZAC ,AS • • • Englewood City Council Minutes May 16, 1988 -Page 3 COUNCIL MEMBER HABENICHT MOVm, COUNCIL MEMBER BILO SECCJII)m, TO RECEIVE THE REVISm DI&LEWOOD PUBLIC LIBRARY DISRUPTIVE BEHAVIOR POLICY FROM THE LIBRARY ADVISORY BOARD. Aye s: Niy s: Absta i n: Absent : Counc i l Me.bers Koltiy, Hiben fcht , Cliyton None None Hathaway , Kozacek , Bf lo , Mot i on c url ed . "iyor Yin Dyke 9 . Consent Agenda COUNCIL MEMBER HAIDIICHT MOYm, COUNCIL ..,_EI HATHMMY SlaiiDED , TO ACCEn CONSENT MDIDA ITEMS 9 (a) THaOUIH (e) Aim TO APPIOV£ CCIISDIT MDmA ITO 9 (f). 11 . (a) "tnutes of the Englewood Housing Authority .. ttng of ~rch 30, 1988 . (b) "inutes of the Urban Renewal Authority ... tings of Aprtl 6 and 13 , 1988 (c) "inutes of the Election Ca..issfon ... ttng of April lZ, 1918 . (d) "inutes of the Planning and Zoning Ca..ission ting of Apr 1 19, 1988 . (e) "fnutes of the liquor Ltcenstng Authority ing of A,lrll ZO, 1988 . (f) Ordinan ce No . 16 , Series of 1918, Introduced by Counctl r Kozacek , entitled : Alt ORDINANCE APPROVING THE JOIIfT FIJI)!~ AGatE Iff I('N([N TH CITY Of ENGLEWOOD BI ·CITY WASTEWATER TREA lfl PlMT Aim T U. S. GEOLOGICAL SURVEY fOR THE OP£RATIOII Nf) MIIIT£ OF A STREM · GAGI STAll LOCATED C* TH SOUTH PLATIE RIVER AT E*LO.OOO . Ay s : Counctl rs oltay, Ha h y , Kouc k , Btlo , Ha cht , Clayton Nay : A.b sta i Ab s nt : 0 Englewood City Council Minutes May 16, 1988 -Page 4 • • • transmissions and traffic signs, accent lights, and underground gas lines . The easement agreement has been reviewed by the City Attorney . The resolut ion was assigned a number and read by title: RESOLUTION NO . 27 SERIES OF 1988 A RESOLUTION ACCEPTING UTILITY EASEMENT ADJACENT TO ENGLEWOOD PARKWAY, SOUTH ACOMA STREET AND U. S. 285 FOR UTILITY PURPOSES . COUNCIL MEMIER KOZACEl NOVED, COUNCIL NEMIER IILO SECONDED, TO APPROVE RESOLU-TION MO. 27, SERIES OF 1988. Ayes : Council Ne.bers Koltay, Hathaway, Kozacek, Bilo, Habenicht, Clayton Nays : None Absta in: None Mayor Van Dyke Absent: Motion carried. (b) Fir Chief Broman presented a reca..endatlon fro. the Fire Depart - nt to adopt a resolution approving a request to the Depart .. nt of Highways to petition the Colorado State Patrol for hazardous .. terial route designation on behalf of the City of Engl od. Chie f Br0111n responded to questions of Council, discussion ensued . The resolution was assigned a nu.ber and read by title: RESOLUTION NO . 28 SERIES OF 1988 A RESOLUTI REQU STJ G TH COlOAAOO 0£PAitTI NT OF HIGHWAYS TO P TITJON ON 8 HALF OF TH CITY 0 [ l£ FOR A HAZAROOUS MTERIAL ROUTE 0 SJCNATJON THROUGH TH CITY. oltay, Hath way, ou , 8 lo, Englewood City Council Minutes May 16, 1988 -Page 5 RESOLUTION NO. 29 SERIES OF 1988 • • • A RESOLUTION APPROVING THE LIBRARY SERVICES AND CONSTRUCTION ACT (LSCA) GRANT APPLICATION REQUESTING FUNDS FOR "DYNIX-IRVING CONNECTION-PHASE TWO." COUNCIL MEMBER HABENICHT MOVED, COUNCIL MEMBER HATHAWAY SECONDED, TO APPROVE RESOLUTION NO. 29, SERIES OF 1988. Ayes: Council Members Koltay, Hathaway, Kozacek, Bilo, Habenicht, Clayton Nays : None Abstain: None Mayor Van Dyke Absent: Motion carried. (d) Director Winkle presented a reca..endation fro. the Library adviso - ry Board to adopt a resolution approving sut.ittal of grant proposal to Colorado State Library requesting funds for extension and i~rove.ent of library services. She explained the purpose of the grant project "Planning for Englewood Public Library Services 1991 -1995" is to create a five-year cy - cle of plans ca..encing January 1, 1991 . She further explained there would be no additional cash expenditure on the part of the library should the grant be approved. The resolution was assigned a nu.btr and read by title: RESOLUTION NO. 30 SERIES OF 1988 A RESOLUTION APPROVING THE LIBRARY SERVICES AND CONSTRUCTION ACT (LSCA) GRANT APPLICATION REQUESTING FUNDS FOR "P I FOR ENGLEWOOD PUBLIC LIBRARY SER · VICES 1991 -1995 ." COUitiL 1010 HAIDIJCHT ..WO, COUIICIL ..U UUCOt SU.O, TO APfiO¥£ USOt.UTIOM •• 30, Slii[S OF 1111. Ayes : Councfl rs oltay, Hath a.y, Kozace , I lo, Habenicht, Cla.yton Nays : Absta n: Abs nt : t on carr ll . ttty Non I . • • Englewood City Council Minutes May 16, 1988 -Page 6 AGENDA ITEMS 9(a) THROUGH (d) AND TO APPROVE CONSENT AGENDA ITEMS 9(e) THROUGH (i) AS FOLLOWS: (a) (b) (c) (d) (e) (f) (g) ( ) Minutes of the Parks and Recreation Commission meeting of March IO, I988. Minutes of the Planning and Zoning Commission meeting of April 5, I988. Minutes of the Public library Advisory Board meeting of April I2, I988. Transmittal of replies to Paving District No. 32 assessment protest letters . Ordinance No . II, Series of 1988, introduced by Council Member Kol -tay, entitled : AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE WITHIN PAVING DISTRICT NO. 32, IN THE CITY OF ENGLEWOOD, COLORADO; APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAIO DISTRICT; ASSESSING A SHARE OF SAID COST AGAIN ST EACH LOT OR TRACT OF LAND; AND PRESCRIBING THE HANNER FOR THE COLLECT! AD PAYMENT OF SAID ASSESSMENT . of 1988, introduced by Council r OF THE RIGHT -OF -WA IN THE 3500 TH CITY 0 ENGLEWOOD, COUNTY OF 1988, in trodu ced b Counc 1 2, PA r r I Englewood City Council Minutes May 16, 1988 -Page 7 • • • THEREOF, AND FOR THE EXECUTION AND DELIVERY OF SAID FRANCHISE AC- CORDING TO ITS PROPOSED TERMS, IF THE RESULT OF SUCH VOTE OF THE QUALIFIED ELECTORS AT SUCH ELECTION SHALL BE IN THE AFFIRMATIVE FOR THE GRANTING OF SAID FRANCHISE . (i) Ordinance No . 15, Series of 1988, introduced by Council Metnber Clayton, entitled: AN ORDINANCE AMENDING TITLE 4, CHAPTER 3, SECTION 9, "MALLEY CENTER TRUST FUND," ENGLEWOOD MUNICIPAL CODE 1985, RELATING TO TRUSTEES . Council Melllber Koucek requested thlt in the future shff indicate on the agenda which ite~s are to be "accepted" and which are to be "approved." Ayes: Council Me~rs Koltay, Hathaway, Kozacek, Bilo , Nays : Habenicht, Clayton None None Mayor hn Dyke Abshin : Absent: Motion curled. 13. City Attorney 's Report (a) Mr . DeWitt presented fnfon.~tlon concerning a resolution which uld accept th subsurface utility eue.ent for the purpose of owning, operating, and •alnhlnfng the box culvert under the Uncor Pr"'perty at the old King Soopers site . He explained that the box culvert extended fro. Ch rok t/Girard to Ela 1/floyd Avenue. He rtco..tnded approval of the resolu - tion and eas nt agre nt to enhance the develo.,..nt and to chrtry the rtg ts bet n th Ctty of Englewood as th eas nt owner and the owner of th prop r y . Th resolution a assigned a n r and read by title: A SO UTION NO . 31 SEAl S Of 1988 I l S(t1-[D, TO c I 1o , Englewood City Council Minutes May 16, 1988 -Page 8 • • • (c) He also advised Council that an ordinance had been drafted for their consideration conce rning base~~~ent ceiling heights. This infonnation will be sent to Council in the next packet. (d) Mr. DeWitt requested that Council schedule ti.a at the next study session to discuss matters which he had brought to their attention in his let -ter of May 12, 1988. 14. General Dtscusston (a) Mayor's Choice Mayor Pro Te. Clayton did not have any Matters to bring before Council. (b) Council Member 's Choice (i) A resolution concerning appointMents to the Englewood Downtown Developt~ent Authority was considered . The resolution wu assigned a nUMber and read by title. RESOLUTION NO . 3Z SERIES OF 1988 A RESOLUTION RESCINDING AN APPOINTMENT AND APPOINTING A NOI BOARD M ER TO FILL AN UNEXPIRED TERM OF THE ENGLEWOOD TOWN DEVELOPM£NT AUTHORITY . COUNCil NOllER HATIWMY NOV[D, COUNCil -.o ltOZACO: SltoeiDQ), TO ADOPT USOt.UTIOII 110. u, snrn OF 1•. oza lo, • • • Englewood City Council Minutes May 1&, 1988 -Page 9 RESOLUTION NO. 33 SERIES OF 1988 CO-SPONSORED BY COUNCIL MEMBERS HATHAWAY AND KOZACEK A RESOLUTION FAVORING THE "GAVEL PROPOSAL." COUNCIL MOlER HATIWIAY MOVED, COUNCIL MUliER ICOLTAY SECCII)ED, TO APPROVE RESOLUTION MO. 33, SERIES OF INa. ~es: Council Melbers kolt1y, H1thaw1y, kozacek, Bilo, Habenicht, Clayton N1ys: None Abstatn: None Absent: Mayor Van Dyke Motion carried. ( ii 1 } COUNt I L ..,_R ICOZAcEIC MOVED, COUNt IL IIOIIER HAIOUCHT SECONDED, TO RECEIVE A LIDO Of APPLICATION FRCifl lUI MAECHTER, 3127 WST TUFTS AVDIJ(, STATU. M. MAECHTEI'S llfTEREST IN APPOIIfTJIOfT TO TN£ COUNCIL NEMIER AT-LAIIE VACANCY. Ayes : Council Me.bers koltay , Hathaway, Kozacek, 811o, Hlbenicht, Clayton None None M1yor Van Dyke Nays : Abstain : Absent : Motion carried . J 5 . AdJOU"'--t COUICJL -.o UlTAY MOVED TO ...... The ... ting adjourned at 8 :35 P·•· I - DATE June 1, 1988 INITIA TED BY ACTION PROPOSED • • • C 0 U N C I L C 0 M M U N I C A T I 0 N AGENDA ITEM 1 1 SUBJECT Amendment of Title V Chap t er 9, Section 5, "Vehicle ~reeker & Towing Services• Robert Holm s, Police Chief Adop bill for an ordin nee mending Titl 5, Chapter 9, of th Engl wood Municipal Co d , 1985, entitled "V hicle ~re ck r nd Towing ervlc s.• INTRODU CTIO con- and tln I . - • • • • FINANCIAL CONSIDERATIONS The passing of this ordinance will decrease costs to the city and provide for a man - ageable number of towing and storage companies for the police department to regulate . LEGAL OPINION The city attorney has reviewed this propoaed ... n~nt . CONCLUSIONS AND R!COKK!ND ATIONS Recommend that the ordinance be passed and approved . • I • l J <JIDINAOCE NO . SFlUES CF 1988-- .. • • • BY AIJl'IDUTY A BILL FOO CXXH::IL BILL NO . 19 ~ AN CIWINAtCE REPEAL~ AND Rmw:TING TITLE 5, OIAPTm 9, EHiLfl«XD ~ICIPAL COOE 1985, RElATING 'ro TaoliNG ~CES. WHEREAS, the City Council of the City of a.glewood declares that it is in the best interests of the City of a.glewood to regulate the eelection and contracting of towing and storage OCIIpllnies for the towing and storage of disabled or aband:lned IIDtor vehicles; and tO I 'l'HDEF<JU:. BE IT CJmolUNm BY '11IE CI'IY CXU«:IL CF '11IE CI'IY CF J:HiLEHXD I ~I 'l1fAT: Section 1. Title 5, Olapter 9, Englewood Jlt.Jnicipal Code 1985, is hereby repealed and reenacted to read as follows: VDUCLE WRfDCm ~ 'l'<JfiN:i SERVICES AT 'DiE ~ CF CITY PCLICE l»AR'D4ENT 5-9-1: DEPINITI<Hi: VEHICLE~ A V!lflCLE AlW'T!D 'ro All> a!:SIGNm ~ THE ~ All> 'J"RANSllaml« CF cmtr:R vauazs ~. AP S-9-2: S-- l. -1 - I • • • • Published as a Bill for an Ordinance CX\ the 8th day of JWII!, 1988. Attest: Patricia A. CiOIJi, city clerk I, Patricia H. Crow, City Clerk of the City of D'aglewcod, Coloracb, t.reby certify the llbaw! i8 a true CXJPY of a Bill foe an <kdinance, int.roclJced, read in full, and pueed CX\ first reading m the 6th day of J\me, 1988. Patricia H. CiOW l • j I . - SECTI ON: 5-9-1: 5-9-2: 5-9-3: 5-9-4: S-9-1: • • • CHAPTER 9 VEHICLE WRECKER AND TOWING S ERVICES Defin itio n s To wing Au thorization No Li mit ation Upon Bu siness of Auth orized Towing Service Rules and Regulations for Con tra ct To win DEFI ITIO VF.HICL WR C ER A d 0 nd d ai n d th or o w1n por n of 0 h r v hicl • (or prop rt OPERATOR A p r on op ra k r • OWl A tor s ~--2: TO ~ I I - 5 -9-4 • • • lnJI.E S AND REGULATIONS FOR CONT RACT TOWING: Rules and regulations shall be inclu ded in the language of the contract as are deemed necessary for towing services to contract with the city police department to provide for public towing as defined in C .R.S . 42-4-1601, et se q., except for abandoned vehicles that the City tows with a City owned to w truck. These rules shall include, but not be limited to, the following: A. Equipment . The Chief of Police shall specif equipment at least the equivalent of that required by the rules and regulations of the Colorado Public Utiliti s Commission governing owin service • c. I . -• • • AGREEMENT This ogreement entered into this day of , 19 hy <111d between the City of Englewood, Colorado (hereinafter referredto us "the City"), whose ad dress is 3400 South Elati Street , Englewood, rotorado , und (hereinafter referred to as "V endor"), whose address is Whereas, the City is desirous of obtaining vehicle wre c ker and towing service as per the stated rules and regulations. I. 2. l . ~. TERMS OF AGREEMENT cndor agr s to have vehicl wreck r towing services available for use within 30 days after th formal award and maintain said ervic s and pri ces for a period of two {2) years commencing on , 1988 and ending on , 1990. Th C'i Ci yj ll b uppli d cco rd in ) 1 on b d it • h1 Jt "A", 0 tn R qu tow rvic s by the ci y ccid n or provide uch nd ual n ds o th c ord nc wi h for id. th I -• • • B. The towing service shall have, keep, and maintain in full force and effect a Public Utilities Commission permit authorizing operation of a wrecker service under the provisions of applicable statutes and the rules and regulations of the Public Utilities Commission, particularly rules three to five . C . The tow]ng service is responsible for each vehicle it tows, from the time the vehicle is towed until it is released to the owner or delivered to the city-owned car pound . During that period of possession the authorized towing service must protect the vehicle and its contents from any further damage or theft . The towing service shall maintain an office , a s curely fenced s torag lot , and a secure and clo ed building where vehicles declared as evidence can be stored for an aver e of five (5) d or long as ctu lly ary. D. E. f. (,. H. id stor g lot shall be larg enough to provide pace for of twenty-fiv (25) v hicles, a ny given time be n ow d for th City . lf s id facili y is loc t d out td h City , th loc tion shall not be fur her 1/2 •il h near st ci 11•1 and nd of he • -• • • muy be ca n ce lled, and a nother towing service called to rc:-;poncl . 1. Th e towing service shall be held responsible for the acts of i t s age nt s and employees in the performance of any tow i ng se rvi ce , when responding to ca ll s from the police department • . J. The Ci t y ca nnot and by this agreement does not agree to i demn i fy, hold harmless, exonerate or assume the defense of th e bidder or any other person or entity whatsoever, for any purpo se whatsoever, The bidder shall defend, indemnify and sa v e h a rmles s the City , its officers, agents and employees from ny and all laims, demands, suits, actions or pr oc edi ng s of a ny kind or nature whatsoever, i n c lud i ng Workm en 's ompen tion laims, in any way re sul i ng from o r arl lng out of this agreement; provided however, that the bidder need no i nd em nify or save harmless the Ci ty, its officer , n s nd emp l oy es from damages resulting from the so l ncgligenc of th City 's officers , gent and emplo c K. towing vehi c l mua L. H . Th to t n v n (7) w h 17 -n -pI~ c1 r t r d d h: ru 1 • n -•ln. -112 I lu d ' I u lo hin a n m t or , his f ull and co rr ct Police Dep r ment . notify th h or an on . loc 11 •1n1•u• of pp d • followa: th n I " nd •u h y lu a; r) lr It h no than I .. " ,00 ul u I I t lid I r I -• • • winch cable (10,000 lb. strength); a two-way radio capable of communications with the authorized towing service dispatcher; any and all other equipment required under rule 16, P.U.C . Rules and Regulations, but not specified in this document. The Chief of Police may authorize the use of vehicles that do not posses s all of the above equipment, but have instead the nee ssa r equipment to perform some other specialized task. Thes v hicles must meet the requirements as set forth in Rul 16, P.U.C. Rules and Regulations . N. The ervice tow unit operator is required to remove all la and debris d posited upon the roadway by the o. disabl d v hi cle which he ha s bee n asked to tow; and may also b requir d to remov glass and debris from other sources at the scene . n I th th ur ur r pa i•pound d t th direction of cop of h tow bill mu be pr tow driver. E ch ow bill •u of all rvice p rform ch r s nt r d and totaled; of h 0 unl op r tor; 0 h au horir.in polic of fie port nu•be on h t• nt l•poun port, of 0 ll r• d; r; ra ua 0 to d; r; n 1 wood 0 t 0 I • • 7 . • • • to be charged . R . Heavy-duty tow units shall be requested by the Englewood Police Department Communications when: s . T . u. the vehicle to be towed has three or more axles; the vehicle to be towed has a gross weight , laden or unladen, in excess of 10 ,000 lbs .; the vehicle to be towed is a co mbination of trailers; or, the poli ce oficer a the scene requ sts a heavy duty tow. The authorized nd effect, insuranc and Regulation s , and s h wl h th Chief of Police in, i n full force 14, P.U.C. Rules of s u c h insuranc The evidence of k h for I . •• • .. • JN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first written above. ATTE ST : CITY OF ENGLEWOOD City Clerk By: City Manager I . -• • • Prepared by Dave Martinez and Betty Goosman "A" REQUEST FOR BID "Vehicle Wrecker and Towins Services" Th City of Englewood will receive sealed proposals for supplying "Vehicle Wre cker and Towing Services" as per rules and regulation s attached, no la er than a.e. MST , 1988. Proposals will be received a the office of the Purchasing Division, 2800 So uth Platte River Drive, Englewood CO 80110. The City of Englewood is exeapt froa all fed ral, state and local taxes. C n ral Condition : Bidders are invi ed o, bu no requ red to attend the bid op nina. 8 ds receiv d no la r han da e and hour specifi d will be r turn d unopen d. Pric will be ira for a p riod of a froa da of b d op n na. silty (60) days IU a proposals on a ach d bid proposal will b par • nt • au a r o po a J pr o po a 1 ca o ra. Colorado, a 1ona, en ral a at d as an r • ra 'Wi h h " pr o p 1 I -• • • Request for Bid Vehicle Wrecker and Towing Service Page 2 The City will not be bound nor responsible explanation or interpretations other than those writing as set forth in this request for bid. interpretations shall be binding on the City. for any given in No oral The estimated number of tows, relocation charges are stated only for the evaluation is the inten that the City reque according to the actual needs. and hourly rate of the bid. It these services It is the intent of the enclosed specification to describe in sufficient d t il to secure bids on co•plete services. All services not specifically •entioned, which are ne cessary in order to provide s complet service, shall be included in that bid nd shall co nform in quality and work• nship to what is provided th trade in a neral. The City of Englewood sh 11 have the ri&ht to rejec any or all bids, and to wa ive ny informalities or irr gularitiea therein and requ st new proposals when requir d. In addition, th City rea rv a th right to ace p he proposal d • d aost dvantaa ous to th best tnt r s of th City. The option of s 1 c ing a par ial or co•pl te bid shall b a h d scr lon oC h City of n 1 wood. li r dd rs ar d "D clare r qu red to provid h de on o D a" v i h the ir bid. P r h uy r, on eny qu 1 toaa tnd •tni•u• apaci!ica I . • • • DECLARATION OF DATA All bidders shall fill in bidder's declaration as requested. This Declaration of Data is an integral part of this bidder's proposal and the recorded data will be a guide, subject to verification, for judging the finan cial and performance ability of the bidder to satisfactorily comply with the specifications requirements. Parameters: a. Show financial references b. Are towing services the principal business activity of the bidder ? Answer Yes or No c. How many years has the bidder been continuously engaged in the actual performance of towing services? Provid three govern•ental agencies as references. (Police d partm nta, sheriff departments or aunicipal govern•ent). - Declaration of Data Page 2 • • • k. List number of and description of wreckers and tow vehicles owned by the bidder which would be available to provide this service. 1. Describe dispatcher's syste• and capabilities to provide this service. m. Give an esti•ated averaae response ti•e to any police call for service. The ti•e eati•ated would be the ti•e lapsed between the ti•e the call for service is placed and the ti•e the wrecker arives at the location the service is required. The averaae esti•te should be based on 24 hour per day, 7 days per week. n. P.U.C. license nu•ber. o. Na•e and address of bidder's insurance carrier: Th bidder •ay attach hereto ny additional state•enta to c larify or expand above atate•ant a or to further establish their ability and qualifications to render aatiafactory aarvi c under th s tipulated raquire•enta. ·I I . - Item No. l. 2 . 3. 4. 5 . 6 . 1 . • • .. • BID PROPOSAL Vehicle Wrecker and Tow i ng Service Estimated De sc r i pt i on Number of Servi c e Calls To w of Ve h icle und er 11,0 0 0 pound s 5 5/Month (Auto Acci d e nt s , i l l egal pa rk i ng, dr i ver arre sts , st o l e n auto, et c .). To w of Ve h ic l es o v er 11,000 p o und s . 1 /Ho nth Call d fo r se r vic , a nd subse qu e n tly cancelled ser v ice , a "n o-go ." 3/Ho nth To w City-o wned Police vehicles u n d e r 2/Honth 11 ,000 pounds to r equested a r ea within the City limits . Pull axles h ft or drive line on 1/Honth veh ic l ov e r wo (2 ) ons to prevent da•age o au o•ati c r n a a i sion wh n requ i r d. Uni Pric veh ic l s t c ., ha add io nal Un i v h o w o fre C -own d Police h a are st ruck in •ud, enow, d o no ne d ur h r to w or ee rv ic s . 2/Honth 10/Ho n h Unit Bid Pr ic e $ ___ _ $ ___ _ $ ___ _ $ ___ _ $ ___ _ s ___ _ ·---- ·---- - • • • • BID PROPOSAL Page 2 Vehicle Wre c ker and Towing Se rvice lt m 0 . I 0 • II. ll. Desc r iption (See item 1.) Unit price per tow when requested by the City u si ng a self loading trailer (roll-back), minimum tratl r length of 4 5 feet . (See it m 4.) Unit price per tow when r quested b the City using a s lf looding tr iler (roll-back for City owned equipment hat ca n be unlo ded within our own ard). Estimated Number of S ervice Calls Unit Bid Price 2/Honth $ ______ __ 2/Honth $ ________ _ Unit pric in th to p r d y for outside sto r ge 55/Month comp n lot und r 11,000 lbs $ ___ _ Un t prl ov red , p r d for inside 1n th tow company lot lnv oi n t r• Prir Qu fir• or d ptlon 8 • D t o r s ___ __ I • • • • •' • 8 A . PR O CL AMAT I ON WHEREAS, by Act of the Congress of the United States dated June 14, 1777, the first official flag of the United States was adopted; and WHEREAS, by Act of Congress dated August 3, 1949, June 14 of each year was designated "National Flag Day;" and WHEREAS, the Congress has requested the President to issue annually a proclamation designating the week in which June 14 occurs as Na ional Flag Week; and WHEREAS, on December 8, 1982, the National Flag Day Foundation was chartered to conduct educational programs and to encourage all Americans to PAUSE FOR THE PLEDGE of allegianc s part of ational Flag Day ceremonies; and \IIEREAS, Flag Day c lebrates our Nation's symbol of unity, a d mocr cy in a republic, and stand for our coun ry•s d votion o freedom, o the rule of all, and to equal r1ghts for all; NO\, THER FORE, I, SUSAN VAN DYKE, May or o h C y of Enql wood, h r by proclaim June 14, 1988 as FLAG OAY in Engl wood nd urge all ci izens of Engl wood o paus at 5:00 p.m. on hi d for h Nin h Annual PAUSE FOR TH PLEOG nd r ci , w h al l Am ric ns, h Pledg of Alle; nee to our Flag and 1on. GIV und r my h nd nd aeal h day o Jun , 1988. of I . { • • . . • 8 B · P R 0 C L A M A T I 0 R WHEREAS, citizens and visitors of Colorado enjoy the beauty of the state, its mountains, plains, and cities; and WHER EAS, recycling protects the environment, reduces landfill needs, and has a positive economic impact by saving precious energy, conserving valuable natural resources, creating jobs, and paying citizens for their recycling efforts; and WHEREAS, the State of Colorado benefits greatly from having one of the mos successful and extensive recycling programs in the nation; and WH ERE AS, Recycle Now! is a statewide nonprofit educational organization promoting the growth of recycling in Colorado; and WliEREAS, h impact of Recycle Now!'s efforts will continu to aid Englewood's economy and be beneficial to th environm nt; lWH, TIIErtEFORE, I, SUSAN VAN DYKE, Mayor of the City of ngl woo , Colorado, hereby proclaim the month ot June 1988 •• RI:CYCLIIIG **"'I all our ci ble o b n nd to id our con elv a, y h nd nd • al h d y of ~un , 1 11. Sua yor I -•• • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJECT Parks & Rec . Commission June 1, 1988 Recommendations -Free Passes, Golf Agreements , Lighting Driving Range 8 (c) INITIATED BY Parks and Recreation Comm ission ACTION PROPOSED Cou ncil's review of Policies and Procedures for Fr e Golf orR cr ational Activity Pass s; Golf Instructor Agreement ; Golf Tournament Agre m nt; nd Lighting of the Golf Cours Driving R nge (' fllANSMITTAL OF R!COMMENDATIONS AND R!QU!STS BY TH! PARXS AND R!Cll!ATION COMMISSION Policies and Pro~ dures for Fr Th City Council to lndlvldusls b 1 Activity Pass s d fr • olC or re r acton ae lvi y pasa a th Par s and R er 1 ion Co .. lsslon . On~Ulat pol1c1 s activit d to th r Cou ll on , I . - ( • • • There is no deadline for nominations or petitions . Please have Council review these policies and procedures for approval . Golf Instructor Agreement The attached Golf Instructor Agreement was approved by the Parks and Recreation Commission at the May 12 meeting . The purpose of the Agreement is to assure and maintain quality golf instruction at th Engl wood Municipal Golf Course. Instructors will be selected by the Golf Pro and Colf Course Manager and approved by the Director of Parks and Recreation . Comalssion r Kozacek made a motion, s cond d by Commission r Wiggins, to accept the Agreement for Golf Instructors at the Englewood Municipal Colf Course and submit it o City Council for approval. The motion passed unanimously. Golf Tourn Th At • Pl l nt A!,reement nt Agreem nt or th En lew od Municipal Colf Course provid a better financl 1 accountabillt and sch dultn and provld s a writt n r cord for nt h ld th cours .. tin&, Youth c Co• s , o ap rov issioner Hathaway th Golf Tourn Ct u . r I -· • • POLICIES AND PROCEDURES FOR DETERMINING RECEIPT OF GIFTS FOR FREE GOLF OR RECREATIONAL ACTIVITY PASSES Policiea: 1. Individual• vbo have 9iven voluntarily and 9eneroua1y ot their tiae and effort tor the betteraent of the co.aunity are conaidered candidatea. Service in the field of recreation aay receive apecial conaideration. 2. Individual• vbo aake aiaable contribution• tor the coet ot land or developaent for a facility aay be conaidered. Procedurea: 1. All conaiderationa for free 9itta ot liteti .. aeabarabipe tor recreation activitiea or tree 90lt, aball ori9inate vitb the Parka and Recreation Ca.aiaaion. 2. Tbe Ca.aiaaion aball evaluate each conaideration thorou9bly and ca.pletely, and tbrou9h ita Council Repreaentativea, -.ke toraal recoeaencSationa to the Council. 3. A .. jority vote ot the City Council ..abarebip aball be required to ratity and -.Jte tbe reco..encSation ot the Parka and Recreation eo..t .. ion official. •. Free activity ,. .... eball be Pre8ented to Candiclatea .. lected, by apecial acbowl--...nt by the Mayor and Parka and llecreatlon ca.aieeion Oulinaan at a r.fJ\ll,arly ecbeduled City Council ... t1ft9. s. ltaft viU pu.bUciae the availability of t.be award throu.Jtt internal P"blicationa and the bflevooct Cithen and tMt appl !cation foraa can be ob 1 throu.,b the P rka and lacreation Departaent. I . -• • • APPLICATION FORM TO REVIEW CANDIDATES FOR INDIVIDUAL LIFETIME FREE RECREATION ACTIVITY PASSES OR FREE GOLF PASSES Petitioner ____________________________________ __ (If petitioner_!! requesting consideration as the candidate, please check L__l.) Prospective Candidate: Maae city State zip Phone Ho••--------------Work. ____________ _ The petitioner/candidate requests consideration for: Free lifetiae recreation activity pass Lifetiae pass for free golf Please explain in full detail why the candidate ahould be considered and honored by the City with a lifetiae pass for free recreation activity or free volt (describe ca..unity contribution•, tera of such service, or special aervice applicable for consideration). You aay use additional aheeta or attach other supportive inforaation pertinent to your petition. I . -• • ,. • AGREEMENT GOLF INSTRUCTOR ENGLEWOOD MUNICIPAL GOLF COURSE This agreeMent made between the City of Englewood, a Colorado Municipal Corporation, hereinafter referred to as the •city• and ,an independent contractor, hereinafter referred to ~th~e---•Ttn-s~t-r-uc~t~o-rT•-.-a-u7trho~rizes •Instructor• to teach golf lessons at the Englewood Municipal Golf Course under the ter.s and conditions as hereinafter set forth . This docu.ent is the sole agree.ent between the parties . Section 1: Instructor is hereby granted the non-exclusive privilege to use the driving range, practice putting green, practice chipping green and practice sand bunker, for the purpose of giving golf lessons . Section Z: Instructor is an Inde pendent contractor and shall not represent to any person that he/she Is an e.ployee of the City. Section 3 : Instructor understands and agrees that he/she will not receive any co.pensatlon In any for. fro. the City and that he/she Is not to pay any fee or other for. of ca.pens at1on for teaching privileges to the City or any e.ployee of the City . Section 4: The privilege to teach does not include free golf for the student or the Instructor . However, It Is per.lssible for the Instructor to acca.pany a student In playing a round of golf so long as such activity does not delay or Interfere with other players . S ction 5: Ball s used for instruction shall be rented froa the golf course at the curr nt price . S ct on 6: The Instructor Is allowed t use of telephones and office space at the golf course for schtdull~ of golf lessons by arra nt with th e Ci ty Golf Professional or Golf Course Manager . Schedul ng of such use sh i ll not Interfere wtlh t requ r..t dut e s of C ty loy s . tto 7 : y Cl 'I l\ 1 : . l . I . - ( • • • • '. • Section 9: Instructor his been offered the opportunity to reid, reflect upon ind consider the ten1s of this Agree.ent, fully understinds its ten1s, his voluntirily executed the Agree.ent, his initiiled each Section nu.ber 1 through 9 and has received one executed copy of the Agree.ent for his/her records. Agreed this. ___ diy of _______ 1988 . Instructor Dt rector Parks and RiCreatt011 • - ENGLEWOOD GOLF COURSE 2101 W. Oxford Avenue Englewood, Co. 80110 (303) 761 -0848 • • • TOUitNAMOO AGREEMENT For Golf Course use only: S rec'd on Cash __ Ck .,.1---rb-y ______ _ Please type or print : Name of Tournament Sponsor: __________________ _ Address: _______________ .,...,.,..,.--_____ --.orJ~- City Zip Na111e of Tourna11ent Chairperson: ________________ _ Address : ___________________ Tr.~-------~--- City Zip Phone : Business H011e. _______ _ Nulllber of Players : __ Date(s ) of Play : Start : ___ _ TOURNAMENT RULES 4 . . I . I . -• • • 7 . Any da•age to golf course property shall be repaired/replaced at the expense of the tourna.ent sponsor and/or the individual player. 8 . All players will comply with course rules and custo.ary golf play etiquette. 9. If the course is not playable or play is suspended before co.pletion of nine {9) holes, fees will be returned or arrang ... nts •ade for a future date as desired by the tourna.ent sponsor. Agreed this ____ day of ---------------19 __ __ by ____ ~~~70~rr==~---Eng1MOCI GOlf Course by -ro::--,u=-=r=n':":-.=n7t....,c~"~h:-::a:-rt~rpe=r:-::s=o ':":n/71Sr::po-=-=-ns:-:o=-=r:-- • l • I • • • • ,. • LIGHTING OF GOLF COURSE PRACTICE RANGE ENGLEWOOD GOLF COURSE MAY 25, 1988 Estimated Cost Information from the consulting engineers of the RMH Group, Inc. in Lakewood, Colorado gives an estimate of $40,000 -$42,000 to install adequate lighting for night time practice. I have not attempted to estimate the cost for other desirable (but not absolutely necessary) improvement, i.e. 1. Rest rooms 2. Snack bar 3. Additional balls 4. Golf bag stands 5. Added parking 6. Weather proof tee stations To be most successful over the long range It makes good business sense to create an attractive facility which includes all the above. However, It Is a certainty in my opinion that the installation of lights will be profitable and other desired improvements could be done in phases in future years If there Is reason not to do them now in conjunction with the lighting. Estimated Income Estimating the income from night ti act vfty cannot be done without ta ing Into account several factors : 1. 2. 3. 4 . s . . J, 4, te ratures ar unpredictable even during s r 1 0 • • • Thus, at 100 % use, the 60 stations would each yield: $3.00 x 5 buckets a $15.00 x 60 stations = $900.00 per night. $900.00 per night x 150 nights = $135,000 per season. .... Thus, assuming a 50 % use, the yield for the season should approach $65,000 -$68,000. For your information and reference, the yield from the existing practice tee in 1987 was $102,000. Cost of Operation Personnel cost for the night time hours should not exceed $8,000 for the season. based on 1988 pay rate. ~intenance Cost : Additional wear and tear froM additional use will necessitate MOre cost for maintenance of the turf on the tee. In fact, unless SOMe weather proof tee stations are constructed, the existing turf cannot long withstand such heavy use and still be satisfactory for practice. I estiMate that the extra maintenance cost of turf will approach $3,000 per season. In addition, there will be cost for maintenance of equipaent -estt .. ted to be $1500 .00 for the season. Replace-ent of balls ts estimated to be $2,000 .00 per season. In s~ry the cost of operations should not exceed $15,000 per season . Conclusion It s apparent that even on 1 very conservative basts, the single expenditure for lfghtfng of the practice range should yield 1 profit of SSO.OOO per year tfter the 1st y ar. In th first y 1r there would be only 1 s-.11 profft due tot cost of lighting (S•Z,OOO) and purchas of additional bills (S6.000). i s constructed fnft ally •s abov t fa c ility the long rtntt prof i t nt to fnv st only i n t lf t f ng 1 nt s n f utu • aft r a ord of b Atla ct. I ' I -• • • Fire RetireMent Board Meeting January 11, 1988 The regular meeting of the Fire Retire~nt Board was called to order at 5:30 p.m., Monday, January 11, 1988, in the Fire AdMinistration Conference Roo., 3615 South Elati Street, Englewood, Colorado. Present: Absent: Chris Olson, ChairMan louis "Doc" McKay Bill Young Kargaret Free.an, Acting Director of Finance Charlotte Pritchard, Recording Secretary Susan VanDyke, Mayor Philip lucero • • • • • • • • • • The board ...O.rs approved the •inutes fro. the October 12, 1988 Meeting without changes. Excess Pa nt to Bill Crouch At the last .. etlng the board discussed Bill Crouch 's 201 extra disability p~nt and wheth r or not he should be asked to repay all .antes he has received since attaining the age of 50 . The board had agreed to invite Mr . Crouch to the January Meeting to discuss this Issue . 9 After revt lng the Municipal Code and discussing the situation with Rick DeWitt, the City Attorney, ~. Olson learned that the discontinuance of Mr . Crouch 's benefit was based on age and years of service , not Just age alone . ile Mr . Crouch has attained SO years, he has not yet attained 20 years of service and Is therefor no elig i ble to recelv regular retlr nt In lfeu of d lsabil tty rtti Mr . tt 's op n on a that t n c lpal Cod requ i re the 19 or SO y ar s and s rvlce cred i t o 20 y ars n order to rec l ve a ular r tl nt fit. 0 rt Ill It h I Fire Board Meeting January 11, 1988 Page two Pre-tax Pension Contributions • • • The present Fire Retire.ent Plan is undergoing changes that will bring it into compliance with IRS regulations. One of the changes being ••de is to allow contributions to the firefighters pension fund to be pre-tax dollars. FPPA Affiliation The board -..bers agreed to invite the FPPA representatives to give a presentation to the retir ... nt board prior to .aking a presentation to the old hire firefighters. Chris Olson will pursue this with the FPPA representatives . Boston CO!I!p!IIX The board --.rs requested a •eting with the Boston C011pany be scheduled for February to discuss the state of their invest..nts . They ~ld also like "-rctr·Ntidinger -tt.nsen present to offer their •report card• on lostOft C011pany ' s 1M7 perfor'IIUCe . The Fi refighters suggested the dates of February 17th or lith, 1t tither 4:30 or 5:00 p.•. They 1lso requested that the .. ung beheld in either the Co.unity Roc. or library COftftrence Roc. I instead of COftftrence Roc. A. louts Mclay ...,.., to adjourn the .. ttng 1t 6:00 P·•· I . . • • • BOARD OF CAREER SERVICE COMMISSIONERS March 17, 1988 REGULAR MEETING 9 p PRESENT: Williaa Belt, Janet Kerzic, JoZllen Turner, Carla Davidaon, Harry Fleenor, Jr. ABSENT: OTHERS: Nona Gary Kaaaon, EPBA Gordon Madonna, Preaident, ZPBA Pater Juan ... nn, Praaident, ZZA/AFSCME Mike Gruningar, ZFFA Praaidant Chairparaon Harry Fleenor opanad tha .. ating. A roll call vaa taken and a quorua vaa aatabliabad. Co.aiaaionar Karzic aoved to approve tha ainutaa of January 21, 1988. Co.aiaaionar Turner aaconded. The aotion carried. Next itaa on the agenda vaa Aaaociation•a Choice. Pater Juana- aann vaa not preaant. Gordon Madonna axtandad a val co-. to the nav Board aeabara. Mike Gruninqar alao axtandac1 a valco-. to the nav Board aeabar and handed out a copy of tha ZFFA and City of Znglavood contract for 1911, 19, and 90. The naxt order of buainaaa vaa City Mana9ar•a Choice. Mal BaVirt vaa praaant on behalf of the City to valcoae the nav aeabara. Under Cc.aiaaionar•a Choice, Old Buainaaa, Cc.aiaaionar Turner aoved and Cc.aiaaionar Karaic ..conded that a latter ba aant to tba Mayor and City Council raqu .. ting a tranafar of funda to pur- cha .. a 4 drawer, 36• lateral, ao. fila Cabinet in tha aaount of $237.50 for tha Caraar hrvice Board recorda. Tha aotion car- riac1. Co.aiaaionar braic aovac1 and Co.aiaaioner TUrner aeconded that ia funcia vera appropriated, tha file Cabinet ba purchaaad. Tha aotion carried. Under nav buainaaa, Co.aiaaioner Keraic aovad to accept the January budc,at. Cc.ahaioner Turner aecondad . The aotion carri Pl nor e llad for a vo e on tba bill for Caplan nd Coa.iaaionar Turner aovad and c iaaionar Karaic o pay the full balanc ot •641.45. Fl nor no ad for th cord, a latter dated 12/l/11 a and aith rec,ardint a l al opinion h d n r ivad. an aiatan d iaion ba d I • • • • There beinq no other buaine•• for the Board, the .. etinq waa adjourned. I . • - PRESENT: ABSENT: OTHERS: • • ,. • BOARD OF CAREER SERVICE COMMISSIONERS March 17, 1988 SPECIAL HEARING Williaa Belt, Janet Kerzic, JoZllen Turner, Carla Davidaon, Harry Fleenor, Jr. Nona Gary ICaaaon, EPBA Gordon Madonna, Preaident, EPBA Peter Juan ... nn, Preaident, ZZA/AFSCME Mike Gruninger, ZFFA Preaident Stan Daaaa, Attorney for Board Toa Bueacber, Attorney for Appellant Mel BeVirt, z.ploy .. Relationa Director John Knoth, Appellant Chairperaon Harry Fl .. nor opened the hearing. A roll call vaa taken and a quorua va• eatabliahed. Toa Bu .. char, Attorney for Appellant, gave opening •tat ... nt• to the Board, que•tioning the Board'• authority to detaraine only ti .. lin••• and grievability, at thi• tiaa, var•ua conducting a full hearing. Mel BeVirt, City Repre .. ntativa, raaponded to llr. Bueachar•• opening co.aent• and encouraged the Board to follow their pe•t practice of detaraining only tt..lin••• and grievability at thi• ti .. and .. t a hearing data later. BeVirt alao added that the City did not f .. l the grievance va• filed properly and ahould be denied. Attorney Bueachar then proceeded vith te•tt.ony froa tvo vit- ne••e•. The City and the Board --.ben croea-exaained the vit- n...... 'ftlera va• no re-direct uaaination. A total ot ei9ht exhibit• vera entered by the Appellantt none by the City. The Board requ .. ted a abort break and reconvened vith all --.bar• pre .. nt. • Appellant•• A orney proc ah d vith cloa ing The clty tban pr aen ed their cl oeing c nta. loth llan nd Ci y iaau r ttal and the loard •• o conaider h t ati ny and evidence . c iaaioner ion, the Board riavabla. 'ftla I . •• • • The hearing waa adjourned. I . . - • • PRESENT: ABSENT: OTHERS: • • • BOARD OF CAREER SERVICE COJIMISSIONERS Karch 17, 1988 SPECIAL HEARING Williaa Belt, Janet Keraic, JoZllen TUrner, Carla Davidaon, Harry Fleenor, Jr. If one Gary Jtaeeon, ZPBA Gordon Kadonna, Preaident, ZPBA Peter Jueneaann, Preaident, EEA/APSCKZ Mike Gruninq.r, EFPA Preaident stan DaMe, Attorney for Board Karewa Fountain, Appellant Robert Bol ... , Chief of Police Cbairperaon Harry Fleenor opened the bearincJ. A roll call vaa taken and a quorua vaa eatabliabecl. Marcue Fountain pr ... ntecl hie appeal to the Board and requ .. tecl that the Board find the iaeue 9rievable and tbely and aet a later date tor the h .. rincJ. Robert Bolaee, Chief of Police and City repreeent.ative, a(Jreecl to the tt..lineaa and p-ievability of thia appeal. The City a(Jreecl to wait until after April 14, 1111 for the bearing ae requ .. tecl by the Appellant. C~i .. ioner ICeraic .wed and C:O..ieeioner .. lt aeconc1ec1 to con- tinue the bearin; until April 21 , ltll at 6:30 p.a. in the Coun- cil Cballbera. !'be IIOtion oarriecl. The h .. rin; vu adjourned . r . I . • PRESENT: ABSENT: OTHERS: • • .. • BOARD OF CAREER SERVICE COMMISSIONERS April 21, 1988 SPECIAL HEARING Williaa Belt, Janet Jteraic, JoEllen Turner, carla Davidaon, Harry Fleenor, Jr. None Karcua Fountain , Police Officer Robert Hol .. a, Chief of Police Toa Vanderaee, Lieutenant Tia Mitchell, Se~eant John Winq, Se~eant Gary Kaaaon, Police Officer Nancy Hart, Police Officer Dan Johnaon, Police Officer Gary Condreay, Police Officer Robert Fieger, Police Officer J ... a Zieaba, Police Officer Chairperaon Harry Fleenor opened the hearinq. A roll call waa taken and a quorua waa eatabliahed. Lt. Toa Vanderaee, Enqlewood Police Departaent and City repreaen- tative and Officer Marcua Fountain, Appellant, qave openinq atat ... nta and backqround inforaation to the Board. The City preaented teatiaony froa threa witneaHa on their behalf. The witne•••• were croaa-exaained by the Appellant. Both partiu qave redirect exaaination to the thr .. witneaau. Officer llarcua Fountain, Appellant, called one witneaa and eubaitted two ex-hib i t• to the Board . Lt. Vanderaee , withdrew the recovvandation for diaciplinary ac- tion aqainat Officer Fountain. Chief lobert Bol ... confirved and explained the deciaion for the withdrawal of diaciplinary action aqa i nat Officer Fountain. Th e hea rinq waa ad journed at 1:40 p.a . and the Board receaaed for a abort break. The Board r onv ed and all n were preeent. Co iaaioner Turner aoved to inatruct the kerd 'a attorney o tile an inten a l in the Leydon caae. covaiaa ioner Iterate ••coneS Th w • unaniaoua. at 1:45 p.v . • • • PRESEMT: ABSEMT: OTHERS: • • • BOARD OF CAREER SERVICE COMMISSIOKERS April 21, 1918 SPECIAL REARING Williaa Belt, Janet Xeraic, JoEllen Turner, Carla David•on, R•rry Fleenor, Jr. Mona Gary Ka••on, Police Officer Robert Rol .. •, Chief of Police '1'oa Vander..., Lieutenant Tia Kitchell, serveant John Win«J, serveant Gary Condreay, Police Officer Robert FiACJ•r, Police Officer llarcu. Fountain , Police Officer Maney Hart, Police Officer Dan Jobn8on, Police Officer J ... • lia.ba, Police Officer Cbairpenon Barry Fleenor opened the ... ting at 6:37 p.a. A roll call we• taken and a quorwa va• utabli8bed. 'l'be order of bu•i-ne•• va. to receive the di.aiplinary appeal filed by Gary Ka••on. Gary lta88on pre.ented bb appeal to the Board and reque•ted that the Board find the b•u• 9rievable and ti.aly and Mt a later data for the bearing. Robert llol--., Oli•f of Police and City npr-.ntative, avreecs to the ti-.Uneu and P"ievability of thie ....,..1. Cbairper.on Pleenor Mt a bearing data of 'l'bureday, llay 12, 1911 at 6&30 p.a. in Council Ol•abere. Tbe baarint va• adjourned . I . - • PRESENT: ABSENT: OTHERS: • • • BOARD OF CARED. SERVICE CDDIISSIOIIDS llay 5, 1911 SPECIAL IIEAJUifG Williaa Belt, Janet Kerzic, JoBllen TUrner, carla Davidaon, Harry Fleenor, Jr. Gary baaon, Police Officer aobert llol ... , Chief of Police Cbairper.on Harry Fleenor opened the bearift9. A roll call vaa taJten and a quorua vaa ut.abliabed. 'l'be order of buainua vaa to bear tha diaciplinary appeal filed by Gary Jtaaaon. Gary ba.on addruaed the board and requ .. tect t.het bia bearift9 data be reecbeduled. 'l'be requeat tor tundift9 and ... latance froa tha BPBA would not be approved until .. y 1 and be ~ted a two week delay for bia bearift9 date. aobert llol ... , Cbiaf of Police and City repr.eentative, etEeed to reec:Wula the bearirMJ date. Cbairpenon Fleenor Mt a bearift9 date of ftureday, .. , U, 1111 at ,,,o p.a . in Council Cb•wbara. '!'be bearint vaa adjourned • I . - • PRESDT: ABSDT: OTIIDS: • • • BOARD OF CARED SERVICE COIDIISSIONERS llay 5, 1911 SPECIAL IIURDfG Williaa lelt, Janet Karaic, JoBllen TUrner, Carla Davidaon, Barry Fleenor, Jr. •one Stan O...a, Attorney for Board .. 1 8aVirt, -loyea .. lationa Director Pater varvaa, Aaaiatant City Attorney Chairpanon Barry Fleenor opened the beariniJ. A roll call vaa taken and a quorua .,.. .. tabli.abed. C'hairpanon Fleenor announoec1 the pupoee of the ... tint vaa to receive the CJri.vance filed by Patricia ltepbena rec,ardinq tea- porary diaability. Chairpanon Fleenor read a ....,randua froa Patricia ltapbena vithdraviniJ bar CJriemranca rec,ardiniJ t..porary diaability. ec-i .. ionar 8alt .wed and ec-t. .. ionar TUrner aeconded to ac- cept the vithdraval of the CJri.vanca. '1'be .n:ion carried. 'ftle bear int .,.. adjourned. I . • - PRESENT: ABSENT: OTHERS: • • • BOARD OF CAREER SERVICE COMMISSIONERS May 5, 1988 SPECIAL HEARING Williaa Belt, Janet Ker&ic, JoEllan Turner, Carla David•on, Harry Fleenor, Jr. Nona Stan Daaa•, Attorney for Board Toa Buaacher, Attorney for Appellant Peter Verqa•, Aaaiatant City llanaqer Dan Brotzaan, Aaaiatant City Attorney Mel BeVirt, bploy .. Relationa Director John Knoth, Appellant Richard .. lbourna, 8¢. Michael Grunift9ar, EFFA Praaidant Gary Kaaaon, EPBA Chairper•on Harry Fleenor opened the h .. rift9. A roll call vaa taken and a quorua vaa aatabliahed. Toa luaachar, Attorney for the Appellant, qava opentn; •tat ... nt• to the Board re<~ardift9 the chaft9a in l&nCJUaqa of the EPBA contracta. Dan Brotzaan, Aaaiatant City Attorney and City repreaentativa, aade opeift9 ~t• nc,ardift9 the filift9 u. .. uneaa of the qrievance and the l~qe of the contracta. Attorney luaacher then procaa$e~ with teetiaony froa tvo vit- naaMa. The City ancl the lloard ..._ra croaa-axaainect the vit- naa.... Than vaa no re-direct: axaaination. A total of four exh ibit• ware entered by the Appellant. Attorney Brotaaan called for t .. tiaony froa two vitnaaMa . There vaa no croea-axaaination. The Appellant • • A tornay raquaatecl a abort break ancl reconvened with all ra pr Mnt. tt 1 and 11 exaained and I . - • • • • co .. i••ioner Turner aoved and Co-.i••ioner Belt •econded that the Knoth hearing wa• adjourned. I . -• • • ENGLEWOOD DOWNTOWN DEVELOPMENT AlJTHOIUTY 3535 South Sherw.n -Enalewood, CO 80110 llo rd Hellbeu Pr; nt: Board Hellben Ab ot: taH Pr nt: u od Vilitora: Minutes April 13, 1988 Boaelli, Cole.an, Cre o, Hal , Hathaway, P ndleton, To~~ Hiler H. Mill r r thy Dalquiat, Dick Hinson, en Platou lo nt Auth ri n a 12:00 P·•· - MINUTES April 13, 1988 Page Two CHAIRMAN'S REPORT Board Appointaent -Status • • • Hr. Green introduced Hr. Ken Platou, Vice-President of Support Services at Swedish Medical Center. He took a fev ainutes to acquaint the Board vith Hr. Platou's responsibilities at Svedish. It vas also noted that Hr. Platou has been vith Svedish for over eleven years. Hr. Green explained that due to a co nflict, Nick Hilger vould no longer b able to attend the ~etings on Wednesdays at noon and Ken vill be attending thea in his place. Hr. Platou reiterated that Hr. Hilger's inability to attend vas not his choice. He is extre~ly interested in the redevelop8ent and activities of the downtown district. Hr. Green aade note of Dive Ciancio's .ave to Westainister. In the Agenda Packet were 1 tters fro• Hr. Green and Ms. Diet rich co.-ending Dive for his contributions. A vritten resignation vas required fro. O.v before the City Council could officially accept his resi&nation. l1ult resi&Mtion va s re- ceiv d and pas d on to City Council . I . Minutes April 13, 1988 Page Three • • • moving/remodeling costs. Discussion continued. Hr. Coleaan believes that the EDDA office needs to be more visible to the general public and that South Broadway would provide that visibility. It was noted that a space probably could not be leased for the price per square foot being paid now, plus the additional costs. Hr. Cole-an stated that he felt the .oney spent would be well spent. The motion was passed unanimously by voice vote. Signaae -Hr. Green referred to the ~mo that was in the Aaenda Packet updating the progress of this project. Densel laglund hopes to have everything in order by the 15th of April at which t~ the order can be placed. Estt.ated delivery time is 6-8 weeks fro• the date of order. DIRECTOR'S REPORT Di play for Cha8ber -The display for th Cha.ber of Co-.erc was given unani.ous approval by all of the Board ~era . The third display board will be ready on PTiday, ApTil 15 . This third board will b a "floater." It vas suuested that the display boaTd be plac d at City Hall for a period of ti~. Car Fund RaJ ln& d. tion I . - • Minutes April 13, 1988 Page Four ,. • • • Little Dry Creek is ahead of schedule by as 8Uch as two aonths. There is a possibility that the project vill be finished in July provided there is good weather for construction. It vas suggested that at a future ~eting the EDDA Board of Directors and the guests and visitors take a field trip to one of the banks bordering these U1A projects so the whole perspective can be seen. The closing date for the Lincor project vill be April 29. The .. jor anchor is conte.plating opening six stores all together in the ~tropolitan area. It is the plan of the tenant to sign all six leases at the s~ t~ for each individual location. Dorothy Dalquiat noted that a nev Director of Co-.nity Develo~t has been chosen. Mr . l.ichard W.nuah 1s currently actin& City Manager for the tovn on Louisville, Colorado. Mr. W.nush va s the Director of Co.-unity Develop.ent in Englewood froa 1976 to 1980. lie-s also the Assistant City Kana er for Englewood froa 1910 to 1982. H vill be in Englewood beginning June 6. As t r vas no further busiiH!ss, the -un s adjourned at 1:10 p.a. -·. I • • • BOARD OF ADJUSTJIEJIT AIIJ APfl£Al.S PISlE11000, COLOUDO DilL 13, 1188 The regular Meting of the Englewood Board of Adjustllent and Appeals was called to order by Chai~n Welker at 7:10 p.•. Mellbers present: Se~ur, George, Doyle, Lighthall, llaldllln, Shaffer and Welker . Also present: Dorothy Ro.ans, Staff Advisor Nancy Reid, Assistant City Attorney Nary Alice Roth.eiler, Planner APflllOVAL OF IUIIUrtS. BOARD MEMER SEnont IIIWED THAT THE MINUTES Of MARCH 9, 1981, BE APPROVED AS WRITTEN . Board Mellber Lighthall seconded the .,tion. All seven llellbers voted in favor of the .,tion, and the Chai,..n ruled the Minutes of Nlrch 9 , 1981, were approved u written . APPIOVAL OF Fl., IE OF FACT. 80A110 MEMER S£YIOM MOVED THAT THE FIIIHNCiS OF FACT IN CASE 14 -a BE APPROVm AS ITT£N . Board .....,.r lieorve seconded the .,l10ft . All seven ....,.rs voted in flvor of the .,tf011, and the Chaf~n ruled the Ftndfngs of Fact n Case 14 -a re approved as wrttten . u sr ,. mosr•: Dt • 1 • 9 r I . • • (i), WHICH REQUIRES THE MINIMUM SIDE YARD SETBACK TO BE THREE FEET, AND SEC - TION 16-4 -5 n (1) (d) (i), WHICH REQUIRES THE MINIMUM REAR YARD SETBACK TO BE THREE FEET. Board Member George seconded the .ation. Upon a vote, all seven ~rs voted for the extension, and the Chainaan ruled that the extension was granted for 180 days fro. April 13, 1988. PUBLIC HEAIJM& 15-88. The Chainaan said the Board is authorized to grant or deny a variance by Part 3, Section 60 of the Englewood Municipal Code. The Chainaan opened the Public Hearing for Case 15-88 for property located at 3106 South Washington Street, stating he had proof of publication, and asking that the staff identify the request. Mary Alice Rothweiler Planner was sworn in for testt.any. She stated that the applicant, Dan T. Mat, has requested a variance to penatt a 14 foot by 16 foot storage shed (ZZ4 sq . ft.) to reuln as It has been constructed In the rear yard of the subject property . This 1s a variance fro. the Co.prehenslve Zoning Or - dinance, Section 16 -4-4 : M Z b, which sets the 11a.xt-floor area of a storage shed at 100 square feet . Dan T. Mat 3106 South Vashtngton St~t al Cod was sworn ht for testt.any. He said that he was unaware that he needed a penatt In order to IMitld 1 shed . He has 1 very Slllll house, and felt he needed a larve shed for storage . He, therefore, IMitlt t subject shed tch has 110 fOUIIdatton . He rec lved a Stop r1t Order, and appl ted for a penalt for t shed . He was told that Zoning IICMild not penatt this shed because H h hrver than t pen~ttted 100 square f t . He applied for t vartarte: , and because of 1 •hunderstandtng , U took sevenl IIOftths to go befo t lloard . He sa d hopes to pUt stdt119 on tha shed , and that ex rt tn constrvctton . I • • - ZONING ORDINANCE, SECTION 16-4-4 : M 2 b, WHICH SETS THE MAXIMUM FLOOR AREA OF A STORAGE SHED AT 100 SQUARE FEET . Board Member Waldman seconded the .ation . The members locked in their votes and gave their findings as follows: Mr . Seymour said there is a hardship because of the ~11 house; there was no opposition and the structure could be altered, if necessary, to .eet codes. Ms . George voted for the variance because the size did not see. excessive and the building codes would be .. t. Ms . Lighthall voted against the variance because there was no evidence of genuine hardship, and the ordinance could be .. t. Mr . Doyle voted against the variance, saying the applicant could have avoided the probl~s by applying for a perait . Ms . Shaffer voted against the variance because the shed does not .eet the standards of the C~rehensive Zoning Ordinance . Mr . Wal~n voted aga inst the variance because there is no provision for safe - ty . No peraits were obtained and the shed is too large . Mr . Welker said the shed c~l ... nts the neighbor"hood, and won 't waken the Code. The s•all residence is a hardship which is not really self -i~sed . When the votes were displayed, three ...C.rs had voted for the var iance, and four (Lighthall, Doyle, Shaffer and WalO..n) had voted against the variance . The Ch a ir.an stated that inas.uch as five affir.at ive votes are required, the var i ance was denied . He referred Mr . Mai to the staff for clarification . PUILIC NEAll. 11-U. The Chair.an stated the public hear ng for Case 16 -11 was open for consider - at on. He sa d he had proof of publ cation, and Mrs . Rot~iler aff i~ that th posting had been correct . The subject property 1s 1495 st Tha.as A nut, and the appellant was Charles C. Haney of Good Decal . I . • • • on the property. The owner of the property which Abutted Mr. Porter agreed. He eventuAlly divided his property And sold the south half. Mr. Pnter hu subllitted A note uying the 25 foot setbAck is no longer necessary, in his opinion . Mrs . Rouns uid the Ntter was brought to the BoArd becAuse it is not custoury for the stAff to .edify An originAl condition i~sed by Action of the Phnning C~ission or City Council. In response to questions fr011 Mr . Sey.our And Mr. WAldlun, Mrs. Rouns agreed that a •re forJU 1 letter of agree.ent is needed fr011 Mr. Porter than the one originally subllitted. There have been no objections received by the staff fr011 any neighbors. There NY have been SOlie question as to the legality of the condition i111p0sed at the ti• of the original zoning, but because the owner of the property now identified as 1495 West ThoJUs Avenue did not object, the condition was i~sed. The Chainaan asked that the applicant COlle forward for testl•ny . Mr . Mike Haney 3322 West Aksarben, Littleton wu sworn in for testl•ny . He uid they had built one building on the property 20 years before . The business has grown into another building which is now also filled . They need a storage addition on the building at 1495 West Th<~~~As Avenue, which addition would be 15' x 70 '. There were no further speakers for or against the variance. The ChairJUn JUde the staff report part of the record, and Mrs . RONns said the staff had no further c~nts. It was noted by the Board that the shndal"d required setback between 1-1 and residential areas is the 10 foot setback proposed by the appellant . BOARD f08£R SEYIIIUR MOVED THAT THE APPELLMT, CHARLES C. HANEY Of GOOD DECAL, FOR PROPERTY LOCATED AT 1495 WEST Tl4CNS AVENUE, 1£ gw(TEO All APPEAL TO QI - FY THE 25 FOOT S£TIIACIC OM THE EAST SID£ Of THE PROPERTY AT 1495 WEST THCNS AVE E, WHICH REQUIREMENT WAS INPOSED AT THE Tl THE PIIOP£RTY WAS ZOM£0 FOL - L I ITS EXATIOM IIIII 1971 . THIS IS IN ACCOIIWICE WITH THE CCJft£H£NSIVE l I OROI E, SECTIOM 16 -2-1 : A I, WHICH EXPLAINS THE PROCEDURE TO APPEAL AN OAO£R, REQUIR 1fT, DECISIOM OR D£TEIIUMATIOM BY MY £MPlOYEE Of TH D£-PARTi (lfl OF C ITY DE VE l NT . r l g th1ll s cond t •t on . . P rt 9 v t r f ftd f19S as foll appea l or all t • • • t ts 1 hard h p, and strf al zon s . s • ftd noted lha I . • • ,. - Ms. Shaffer voted for the appeal, saying it would then confo~ to the zoning requirements as stated in the Ca.prehensive Zoning Ordinance. Mr. Waldun utd he had voted for the appeal because the spirit of the or- dinance would not be har.ed, and this is the •tnt~ variance. Mr . Welker concurred. When the votes were displayed all seven ..-bars had voted for the appeal and the Chai~n ruled the appeal was granted . PUBLIC HEAIIMI 17-11. The Chai~n opened the public hearing for Case 17-88, for property at 12 East Quincy Avenue, owned by Johnson A. Barton. He said he hid proof of publica- tion and a picture of the sign posting the property. Miry Allee Rothweiler Planner wu sworn In for testi~ny. She uid the applicant is requesting 1 variance to allow the structure located at the rear of the property to be used for residential purposes. This 1s a variance f,.. the COIIPrehensive Zoning Ordinance, Section 16-4-5: P 1 and Z, which states in Subsection 1 that no structure ... on the s ... lot with the principal ,._lllng shall be used for residential purposes, and which states in Subsection Z that two units .ust have at least one party wall and a c~ roof. Johnson A. Barton 4332 South Broadway wu sworn In for testl.ony. He uld he hid been tn business In Engle.ood s nee 1935 . He hu been trying to put t09ether property In the area of 12 East Quincy for several years . He boufht this property fro. his son - In -law and rented the fro~~t Ufllt . T t.._nt, wlthcHat hts (Mr. Barton's) knowledge, ntftted the rear unit . Mr . Barton uld the rear Ufllt could be Nde Into a nice two bedroc. "-e. He said he was UftMHire that the second unit wu tllegal, and that he would appreciate being granted 1 variance . He believed that It had been used In the put u a second unft, and he had us-.ct It was legal . He loobd over the property he bought H, but was unaware of violations . In any cu , his prl•ry In terest Is In lng l land . nfarot only sze square r .. t. and t • Barton uld ad Mt ren td H s n v ant . utd 11 ng to pay S2400 for u 11 • occup ed. I • • •' • ceiling height of 3 -3 1/Z feet) was being used as two bedro0111s for children. He e.phasized that the unit is too s.all for occupation. Mr. Welker asked how they could insure that the unit would not be rented in the future . Ms . Reid said that a notice will be filed with the County, and inspections will be .ade. There were no further speakers 1n opposition to the variance. The staff re- port was .ade part of the record, and staff had no additional c_,.ts . BOARD MEMBER WALlMAN II>VED THAT IN CASE 17 -88, JOtltSON A. BARTON BE GRANTED A VARIANCE FOR PROPERTY LOCATED AT lZ EAST QUINCY AVEIIJE TO ALLOIII THE STRUCTURE LOCATED AT THE REAR OF THE PROPERTY TO BE USED FOR RESIDENTIAL PURPOSES. THIS IS A VARIANCE FROM THE CIMPREHENSIVE ZONING ORDINANCE, SECTION 16-4-5: P 1 All) Z, WHICH STATES IN SUBSECTION I THAT NO STRUCTURE ... ON THE SME LOT WITH THE PRINCIPAL OIIIELLING SHALL BE USED FOR RESIDENTIAL PURPOSES, All) WHICH STATES IN SUBSECTION Z THAT TWO UNITS MT HAVE AT LEAST ONE PARTY WALL All) A C(JMII)N ROOF . Board Mellber SeywMJr seconded the •tion. The ...O.rs locked in their votes, and gave their findings as follows . Mr. Sey!IOur said there was no hardship , the house 1s too sull to be in - habited, and there are .any code violations; therefore, he voted against the variance . Ms . George voted against the variance because of the size of the house, and i ts lack of safety . Ms . Lighthall concurred . Mr . Doyle said the house dtd not .. t the codes and was too sull ; t re was no hardship. He satd t repairs s ... tnsu~ntable . Ms. Shaffer concurred with . Doyle . Mr . Wal~n said tt would not be tn the public interest to grant this vartanc . t cond t ons are t ; t untt and is detr tal to t c , .•. ) - Dorothy Romans Staff Advisor • • - stated that the appellant is appealing the strict application of the Housing Code which would prohibit the use of a base.ent roa. for sleeping purposes. This is an appeal fro. the Englewood Municipal Code, Section 9-3A-Z, which requires that at least one half of the floor area of every habitable roo. shall have 1 ceiling height of at least seven feet. Mrs. Ra.ans stated that the Englewood Housing Authority hu written a letter to Mayor Van Dyke suggesting that base.ent roa.s having less than 1 seven -foot average ceiling height, which are now being used for sleep- ing purposes be pen~itted if other safety requi,....nts are Mt. This utter is in study. She e~~phuized that the intent is that this would not apply to new ho..s, but to older ho..s where the bu-nt is already in use. In answer to questions fra. Mr. Se~ur and Ms. Lighthall, Mrs. Rouns said it was being suggested that average ceiling heights of 6'6" or 6 '7" be allowed in base.ents of houses built prior to 1950. Maureen Broy Z943 South Lincoln Street wu sworn In for testi110ny . Mrs. Broy said she had purchased the house expecting to be able to use the two bedroa.s on the utn floor and the bas nt bedroa.. She had no knowledge that this would not be accept - able . She discovered there were serious sewer and roof probl•s, and app li ed to the Englewood Housing Authority for help In bringing her hoM up to Code . She has an eighteen y ar old son who occupies the baseMnt bedroa.. He attends Arapahoe C~ntty College and cannot at this tiM suppor hi•self . The IN n floor of the house is only 556 square feet, which I s a hardship in tself . She is willing to Install all safety fea - tures needed for the bu nt bedroa., and said she wants to provide a h alt ful env i ro nt for her f lly . • 7 Hous ng Authority Is con · T t I • • • ,. • BOARD MEMBER SEYMOUR MOVED THAT IN CASE 18-88, MAUREEN BROY, OWNER OF 2943 SOUTH LINCOLN STREET, BE GRANTED AN APPEAL FROM THE STRICT APPLICATION OF THE HOUSING CODE WHICH WOULD PROHIBIT THE USE OF THE BASEMENT ROOM FOR SLEEPING PURPOSES. THIS IS AN APPEAL FROM THE ENGLEWOOD MUNICIPAL CODE, SECTION 9-3A- 2, WHICH REQUIRES THAT AT LEAST ONE-HALF OF THE FLOOR AREA OF EVERY HABITABLE ROOM SHALL HAVE AN AVERAGE CEILING HEIGHT OF AT LEAST SEVEN FEET. Board Me.ber Doyle seconded the .ation. The ~rs locked in their votes and gave their findings as follows: Mr. Sey.our said that he voted against the request because this h a safety violation, and, while it is possible that Council .. Y change the law, in the past the Board granted variances on the expectation of changes in the or- dinance, and then the changes were not .. de. Ms. George voted for the appeal, saying the other safety probleas are .are iMportant than the height require.ent. Ms . Lighthall voted for the appeal because it is .are i~rtant to see the 18 year old son educated than enforce the seven foot ceiling requi,...nt. She also stated it is unfair that only when people ca.e for help with very real probl .. s are the height deficiencies discovered . Mr . Doyle voted for the appeal, s~ing that if it is granted, the bas-.nt will be -.de habitable with egress windows under the Rehab progr•. Other needed repairs will also be .ada . Ms. Shaffer said the other changes which will be -.de by Rehab will .. ke the s tructure .uch safer . Mr . Wald.an agreed , saying they wre taking steps to .. e the house ufer . Mr . lker satd t s t ze altd age of the house ... for exceptfCNial ctrc•- s tanc es . T rules should .,.ly to r COftstructfOft . 'r111tfng the .,..al wtll not be adverse to t I nterests of t City or t M1ghf)ort.ood . n th vot s re d t spl~. stx -..btrs hid voted t11 the afff~ttv , lnd (Mr . S.1110Ur ) hid voted against the .,..al . The Chaf~n ruled t .,..al wa granted . I . -• • • Patricia Apodaca 3865 South Grant Street was sworn in for testimony. She stated they had been using the base.ent for living quarters since they bought the house. They have had to take a pay cut recently . They applied to the Housing Rehabilitation Division for funds to repair and to bring their house up to Code. The ceiling height in their base.ent is between 6'7" and 6'8". She said they would be happy to put in necessary safety features and correct the exits. Robb Short Housing Rehabilitation Supervisor returned for testi110ny. He said that the subject property would be a non.al rehabilitation project. It is nicely kept, but needs electrical, heating and gutter work. There are two bedroo~~s in the bas-nt, and two escape windows would be necessary. There is no headroo~~ probl• on the stairs. In response to a question fro. Mr . Wal~n. Mr . Short said they are not trying to set a precedent at this ... ting . He noted the letter which had been sent to Council by the Engl&llfOod Housing Authority, and said that unless or until Council acted upon the sugvestion .ad by the Englewood Housing Authority, they lfOUld continue to bring to the Board any case which has a ceiling height deficiency. He also noted that door- ways are not part of the Housing Code, but are part of the U.B.C. In response to a question fro. Ms . George, Mr . Short said that If the appeal h not granted, the OWMrs will be instructed not to use the base - .. nt for sleeping quarters; however they will either have to use thea or 110ve. Future owners will undoubtedly use the bas-.nt for sleeping quarters whether or not they are .. de safe now. There re no further speakers for or against the appeal. The Chait"'llll lllde the staff report part of the public record, and there .. ,.. 110 further c-..ts fro. staff. The Chain.an closed the publ tc hearing. BOARD R lKER fi»VED THAT IN CASE 19-18, PAUL All) PAT APODACA I( liltMTED M APPEAL FOR PIOPERT LOCATED AT 1165 SOUTH GaMT STR££T f T STRICT AI · PLICATION Of THE HOUSI COO£, WHICH WOUlD NllHIBIT THE US( Of lAS 10' FOR RESIDENTIAL PURPOSES . THIS IS M APPEAL FD 1lt( £ £WOQO UICIPAL COO£, SECTION 9 -lA -2, ICH REQUIRES THAT NO lESS THM ·HAlF Of FlOOR AA Of £VERY HA81TA8 £ ROCJt SHAll HAVE A CElli H£1GHT Of AT lEAST S £ f(£T . r t ton . w t t of 11 I . -• • - Ms. Shaffer voted for the appeal since the instillation of the windows will make conditions safer. Mr. Waldman voted for the appeal saying the owners are .aking every atteapt to address the safety requirements. Mr. Welker e.phasized that the Board is not establishing a precedent. In this particular case, safety features added wtll take care of exceptional circu.- stances. He said the Board .ay not approve every case of ceiling height variance requests. He said granting this appeal will not adversely affect the Ordinance, neighborhood or City. When the votes .. re displayed all seven ..-bers had voted for the appeal, and the Chair.an ruled that the appeal was granted. PUILJC HEAIIII 110-88. The Chair.an opened the public hearing for Case 110-88, for property located at 2341 West Warren Avenue. He said he had proof of publication, and Mrs. Rothweiler affinled that the posting had been correct. Mary Alice Rot iler Planner stated that the applicant, Able Salazar, was requesting a variance to perait construct ton of an attached garage which ~ld extend to t fHt fro~~ the st property line. This h 1 variance fro~~ the COIIPrehenshe Zoning Ordinance, Section 16 -4 -6 : " 1 c, "tni.ua Side Vard for garages in the R-Z-C, twa Density Oistrtct . He utd has Hved on the subject pro,erty He ~~ stor space and cov r tat11 ng •all •tll have to be put re ts no other place on t prop - on t -• • • The members locked in their votes, and gave their findings as follows. Mr. Seymour said there had been no opposition fro. the neighbors, and he voted for the variance. Ms. George concurred. Ms. Lighthall said a garage would be an i~rove.ent, and there is exceptional topography on the property. She said there is no other location on the lot suitable for 1 garage . Mr. Doyle said the property h neat and well kept, and there were no objec- tions fr011 the neighborhood . A garage would, in his opinion, be an i~rove.ent. Ms. Shaffer agreed, saying the garage would not adversely affect the adjacent property. Mr . Waldllln said granting the variance would not violate the spirit of the Ordinance. Mr. Welker concurred . wt..n the votes were displayed, all seven lllllbers had voted for the variance, and the Chail"'lln ruled the variance was granted. He Instructed the appl tcant to apply for the property pe,..tts fr011 the Division of lkltlding and Safety. DII£CTOI'S C.ICl. Mrs . ROllins told the loard th1t a list of the conditions Meessary to grant 1 varfance were In the Mlnclboot begtMtng on P191 14. If III)'OM had 1 1 ht ot r than those In the HI , that list should be th,.._. ~way. Mrs . Roaans asked that t t tng SO they CCMild be C Mrs . ROllins an~lftCtHJ nash, had Of tor of C for s ral y ars 'S C.IU. rs bring t tr lOfting ordiRifttes to t ne~t to s If t 1 are current . lO : p •• • I • • • • • • Englewood Parks and Recreation Com.ission Minutes of April 14, 1988 The regular .anthly ~eting of the Englewood Parks and Recreation Commis- sion was called to order at 5 :30 p.M . by Chairman Neyer at the Englewood Mun ici pal Golf Course Clubhouse. Members present : Armstrong, Braucht, Clayton, Go.es, Hathaway (alter - nate), Kozacek, Neyer, Vanderleest, Wiggins, Kuhn, ex officio Members absent: None Also present : Jim Kavinsky, Parks Supt . KiM Kessler, Parks & Recreation Intern Chairman Neyer asked if there were any additions or corrections to the minutes of March 10, 1988. Alternate Youth Me.ber Hathaway stated that on pg . 4 , para. Z, it should read "Kuhn stated that Englewood High School prin cipal Gar Price ... • Ca..issioner Kozacek stated that on pg. 3, para . 3 , It s ould read "The results of the election for ch alnaan and vice -chairman were reported at this ti~ by Recording Secretary Wilks : Ca..lssloner Neyer - Chainaan, 5 votes; and Ca..lssioner Goles -Vice-ch air.an, 4 votes.• Co is - sloner Go.es .. e a .atlon, seconded by Ca..lssioner Kozace , t at the minute s be approved u ~nded . The .ation passed unanl.ausly . Dlr ctor Kuhn Introduced 1 Kessler to th Ca..isslon. He expla ined that Kl• Is fro. Kansas State Untv rslty and lnter~lng with the Parks and Re cre ation Depart nt until May 11 . Kl• stated that her duties have l ncl ud d solici ting sponsors forth s r youth baseball progr .. , coaching a Junior rlcan volleyball te at Bishop £1 ntary School, planning the Eas er Eg - gcit n s pecial v nt progr , and she ts currently rktng a the Mal l y C nter . c sslon r Vanderl st nter tlng at 5:35 P·•· 40 tl . I . • • - Staff and Commission Members who observed the event agreed that it was worth- wh ile and plans will be made for future siMilar programs. Director Kuhn reviewed the City Attorney's interpretation of the legal status of voting rights of the alternate youth com.ission Member . Commis- sioner Kozacek stated that at Monday night's Council .eeting, an action will be taken to confina Alternate Youth Me.ber Hathaway as a regular youth member . This is in response to the resignation of Youth Co..issioner Hoyt . Kuhn sug - gested that Co..issioner Kozacek discuss with Council and ••ke a dec ision regarding whether or not Council wishes to continue the position of alternate youth Member in view of the fact that there are no provisions Made in the or -dinance for that position. Further discussion ensued with regard to parliaMentary procedure and voting rights of the current alternate youth ~r. After rec~nded action by Director Kuhn, Co..isstoner Clayton Made a MOtion, secondee by Commissione r Ga.es, that Co..ission approve all previous action that was taken wherein a vote of the Co..tsston was taken, including a vote fro. Alternate Youth Me mber Hathaway. The MOtion passed unaniMOusly. Alternate Youth Me.ber Hathaway questioned the delay in obtaining tnfor Matton fro. the City Manager on the role of the alternate youth member last Fall when he was Initially appointed, and th delay in obtaining a resigna 10n fro. Youth r Hoyt. Co..iss oner GoMes suggested that the COMMission ta action to include n the ordinance that a Co..ission r will be term nat d fro. th Co..fss on after three consecuttv absences fro. Co..tssion eting s Chatraan Neyer sugg sted that n soliciting applications for youth MeMb r s, It •Y be helpful In selecting th n rs to get so.e Input fro. the school on th individual applicants concern1ng their school acttvftl s and att ndance, etc . Co..tsston r Clayton s plt catfons In th Fall, t C nu with an alternate yout Council . . ' . 0 t o o I I . • • .. will revert back to the current formula of SO% going to State capital con - struction, 40% to local city governments, and 10% to the State Division of Parks and Outdoor Recreation, after the funding for prisons is co.plete. He further stated that Lotto and the Lottery are estiMated to provide $10 per capita to local govern.ents within five years after inception for parks and recreation capital expenditure use. After considerable discussion with regard to the pros and cons of the Lotto and Lottery concept, Ca.nissioner Ga.es .ade a MOtion, seconded by Com - missioner Kozacek, that the Parks and Recreation Co..ission support Gove rnor Romer's veto on Lotto. The MOtion passed with five votes in favor, one oppo s - ing vote frOM Co..issioner Wiggins, and two abstentions fro. COMMissioner Armstrong and Chair.an Neyer. Co..issioner ArMstrong explained that she is abstaining because a conflict of interest exists due to the fact that her em - ployment with the State of Colorado Is funded by the Lottery, and also becau se she is on the Advisory Council of CPRA which has already taken a position on this issue. Chair.an Neyer stated that he believes the MOtion itself was vague and hasn 't studied the issue In depth, and therefore does not feel he is prepared to Make a decision at this tl~. COMMissioner Go.es asked about the status of the playground equipMent Maintenance and replac~n progra . Parks Supt . Kav ins ky stated that 18 inches of pea gravel have been applied to all playground areas for safety pur - poses, and add itional s ts of swings are on ord r . He stated that the Sell • view Park Missile has be n r painted and fenced for display only and will be retained as a lan~rk for the par . Co..lssioner Clayton sugg sted tha an art icle be placed in the Englewo od Citizen to inforM th publi c of the s afety pr cautions tha are be ng taken in the parks , n pla ground qui nt, etc . Kav ins ky stated that he 1nt nds to have an art icle printed n the Cit zen concerning vandal s n t par s ad encourag n ghbors torpor acts of vandalis as they are o r d . ) I -• • • hazard for pedestrians going to and fro. the Recreation Center, and suggested that it •ay be necessary to install a crosswalk/light in front of the Recre -ation Center across Oxford Avenue. Following sa.e discussion with regard to this potential proble., Co..is- sioner Kozacek .. de a .ation, seconded by Ca..tsstoner &o.es, to advise City Council of a potential safety hazard for pedestrians in the vicinity of the Recreation Center due to added traffic on Oxford Avenue with the closure of the intersections of Quincy and Tufts Avenues at Santa Fe and ask that Council request the Traffic Engineering Oepart.ent to investigate the proble. and make reca..endations for a solution. The .ation passed unani.ausly . Alternate Youth Me.ber Hathaway questioned the necessity of all the lights at the Recreation Center burning after closing ti.e in the evenings. Director Kuhn explained that there ts custodial staff tn the building through the night . Ca..tsstoner Kozacek stated he has observed extra vehicles parked tn the back of the building and suggested that it .. Y be possible that so.e people are dropping in after hours to play ball in the g,.. Director Kuhn stated he would check into that situation. Alternate Youth Me.ber Hathaway asked about the status of lighting the golf course driving range. Director Kuhn stated that City Manager McCown ad - vised hi• that ft would be brought up for discuss on wfth Council at a later date. "'*" suggested that a .at ton fr011 the Ca..tss ton -.y expedite the ut- ter tn li t of the fact that tt was preslftted for Council's approval along with the proposal for the •tntature golf course. Director KW.n stated that a flnucial study tndtcatld there would be a 5 year ~ck on the tnvest.ent for 1tghUft9 t dr vf"9 r1ft91. Ca..tsstoner Clayton tilde a •tfon, seconded by Ca..issioner C...s, to direct staff to conduct a fiaenctal t.,act study and estt .. te rs for operation of a lt,hted drtvt"9 r1"91 at t Englewood Golf Cours . T •t on ,.ssld unant.aus y . r Hathaway asked tf a ft1 dat• for t • nfa · t1r. ned . D rector uhft stated t 1 are shoot ng s p 1 s 0 JOU I 8 :05 p ••• try • • • • • - ENGLEWOOD URIAN RENEWAL AUTHoRITY MY 4, 1088 I. CALL TO ORDER. The regul1r meeting of the Englewood Urb1n Renewal Authority was called to order by Ch1irman Robert Voth at 5:40 P. M. KeMbers present : Voth , Keena, Nclntyre, Minnick, Totton, VanDyke Hinson, Executive Director/Secretary ~rs absent : Cole, Daugherty, Hanson Also present: Densel Ragland, Director of Engineering Services Karl in D. Oppenaan, legal Counsel Ronald Fish, Plann ing & Zoning Co..ission II • AHIOVAL Of IUIIITES ~rtl 6, 1§88 Aprtl 13, 1988 Cha i raan Voth stated that the Minutes of the ... tings on Aprfl 6, 1988 and April 13, 1988 re to be considered for approval . Minn C IIOVed: VanDyke seconded : The Minutes of April 6, 1988 and April 13, 1988 be approved as vrttten . Th 110tion carried, i t M . K na and s nc at one or .,,.. of t ttngs . II I. rs . Col Au orf I . Intyre abstaining because of ab - ftCOr Properttes of Colorado, lnd plans at t suggts fon of Au · I -• • - Ms. Ragland stated that before the Authority ~akes such a motion, she wanted to point out that Jorgenson, Hendrickson l Close has been asked to review the calculations presented by lincor on the place.ent of the building over the box culvert. Ms. Ragland stated that several ca..ents relating to the calcula - tions by lincor 's engineers were subaitted by JH&C earlier on this date, but she has not had an opportunity to fully review these ca..ents. This .. tter needs further investigation, and Ms. Ragland suggested that the Authority might want to advise lincor that the concerns of the structural engineer hired by the EURA will have to be satisfied in constructing a building over the box culvert , and that this be .. de a part of the approval of the final plans . Discussion ensued. Mr. Hinson stated that the developer does have to get City Building Per.its and .. et all the require.ents at the ti .. of per.it issuance . Mr . Voth agreed that the developer will have to co.ply with all zoning and code requir ... nts, even though the Authority approves the final plan as pres - ented. Although there are currently a nWiber of engineering questions related to building on the conduit , Ms . Ragland stated that she is confident that these questions can be resolved, but wanted the Authority and the developer to be aware that the bo ) culvert will require special treat .. nt. Mr . Hinson reviewed the Agre ... nt for Disposition and Redevelo~nt with lin - cor, and cited Sect i on 4.5 for the Authority . Brief discussion ensued. VanDyke 110 ved : Keena se conded : Th e Englewood Urban Ren.wal Authority approve the final plans for develo~nt as presented by lincor Properties of Colorado , and dated April ZO, 1988 . lincor i s hereby ad - vised of the following section of the Agree.nt for Dis - pos i t i on and Redevelo~nt, §4 .5, as it pertains to con - s truct ion over the box culvert for little Dry Creek : •Jhe hcleveloper shall not construct '"Y IM.Itldtnt or otMr structure on, over (except fOf' roof Of' cano,y overtaaftts approved '' tM Ctty 1M The Autttortty) Of' wtU.tn tM bounduy ltnes of '"Y .. ._.t for •ttc uttltttes unless such construc:tton h llli"'Wt~ for tn sudt tu-t or has "-n IWOVM '' tM Ctty.• AYES : Va nDy ke, Cole, NAYS : No ne na , I ntyre , Voth , To tton, Ninntc ABSENT : ne AB STAIN : ne Th .ot ton carr td . r . • • .. sign. Mr. Opperman stated that the State is of the opinion that installation of the sign in the median is much more hazardous than if it were to be in-stalled on one of the corners of the intersection. Ms. Keena asked what ramifications might be expected if the Authority were to indemnify the State Highway DepartMent and its e.ployees, and lincor inde- mnifies the Authority. Mr. Hinson stated that the City granted to the EURA 1 license to install the sign in the ~ian. This right would be assigned to lincor Properties of Colorado and, therefore, ltncor would be inde.nifying the State Highway Department, its e.ployees, the City, and the Authority. Mr. Opperman stressed the need to have 1 strong policy and/or backup on the indeM- nification. Mr. Hinson stated that he had discussed this need for indeMnifi- cation with Mr . Steve Sommers, legal counsel for lincor Properties of Colora- do, and he indicated he did not feel there would be any probleM to expand their insurance to cover governMental e.ployees. Mr. Mcintyre asked in the event 1 lawsuit were to be filed, would it be against lincor and not against the EURA and the City. Mr. OpperMan stated that the indeMnification would have to cover everyone --the State Highway Depart.ant, their eMPloyees, the EURA and the City of Englewood. Mr. Voth asked if there is a limit to the liability. Mr. Oppenaan stated there would be no limit on the liability . There would be 1 li•it of coverage. Further brief discussion ensued. Mr. OpperMan stated that there were one or two iteMs that he needed to discuss with the Authority in Executive Session. It was MOVed, seconded, and carried that the Authority go into Executive Session. Ms . Oaugher y entered th Author ty . * • • • * • • • • • ettng at 6 :15 P.M. and took her place with the It wa s MOved, second d, and carried that the Authority co.e out of Executive S ssion . • • • • • • • • • • r . Op an xcu d h1 self fro. t I . Totton moved: Keena seconded: • • • The Englewood Urban Renewal Authority approve the Assign- ment and Assumption Agree.ent by and between the Englewood Urban Renewal Authority, lincor Properties of Colorado, Inc., and lincor Englewood Partners. AYES: NAYS: Cole, Keena, Mcintyre, Minnick, Totton, VanDyke, Yoth None ABSENT: None ABSTAIN: None The .otion carried. Mr. Hinson stated that current time esti•ates on waiving the anchor contingen - cy and date of closing with lincor are now May 13 and May 18. Mr. Hinson pointed out that the realign.ent of the Girard/Cherokee/Englewood Parkway intersection will require a larger turning radius fro. South Cherokee onto West Girard than was originally anticipated . lincor has indicated they will grant an ease.ent to the City for use of this southeast portion of their property for right -of-way purposes at no cost to the City or EURA . Mr. Hinson discussed an entrance/exit to the old King Sooper's site fro. South Elati Street. This point of entry was used during the ti .. the South Elati Street/West Girard Intersection was closed for realign-.nt. The building plans filed by lincor indicate that a structure will be located in this area , so the point of entry will not be used for access to the lincor develop.ent . An awntng on the proposed building will protrude over the City property, and an aaaintstrative encroach.ant will be requested. At sa.. later point 1n ti .. , lincor -.y want to request a vacation of this s-.11 area of City o.ner - ship, but will pursue the encroach.ant at this point in ti... Brief discus · sion ensued . Cole 110ved : Minn ic k s cond d: The Englft!Ood Urban Renewal Authority approve the extension of the date to waive the Anchor/financtnv Conti119"Cy to May 13 , 1988 , and extend the Date of Closing to May 11, 1988 . AYES : YS : ABSEN T: AB STAIN : T JV . na , Ill Non n r rl lntyr , M nn ck, Totton , VanDyke , Voth, Cole . ' I . • J - • • • the Authority $250,000 on the Physical Whimsical decision by May 13; these funds are to be used to pay the additional deposit required by the Courts, trial costs, and pre-and post-judgment interest assessed by the Court. Totton moved: Minnick seconded: The Englewood Urban Renewal Authority approve the Consent to Assignment and Assu.ption Agree.ent by and between the Englewood Urban Renewal Authority, JWM Properties, Inc., and McCullough Associates, ltd. AYES : Mcintyre, Minnick, Totton, VanDyke, Voth, Cole, Keena NAYS: None ABSENT: None ABSTAIN: None The .ation carried. Ms . VanDyke excused herself fro. the Meeting . V. INYESllOT IN& IN& MltEDtEJIT. Mr. Hinson reviewed the proposed InvestMent Banking Agree.ent between the EURA and Prudential -Bache Secur i ties . Mr . Hinson suggested that a clause be added to 19 of this proposed Agree.ent to the effect that if Mr . Steve Bell left the e.ploy of Prudential -Bache Securities, the Agre ... nt could be ter.lnated at that ti-.. Mr . Hinson rev i ewed previous Authority discussion that the Agree - Ment should be with Mr . Bell and Prudential -Bache only, and that If Mr . iell ~ wanted to Include support services fro. Hanlfen -l~off or Shearson, le~n l Hutton , he was welco.e to do so . - Cole .aved : Minnick seconded : The Englewood Urban Renewal Authority approve the lnvest - .. nt Bank i ng Ag~nt with Prudential -Bache Secur i ties wi th the add i tion of 1 clause to provision 19 stating that i f Mr . Steve Bell leaves the .-ploy of Prudential -Bache Se curit ies, the agr .... nt Is ter.lnated at that point In t l AYE S: Minn ic k, To tton, Vot h, Cole, K na , Intyre NAY S: None ABSE NT: Va nDy e ABSTAIN: None VI. P r y I . • • • conjunction with the intersection contract, and the associated estimated bud- get amounts for these projects. Total project budget is estimated at $150,000.00. Hr. Hinson discussed the duties that are performed by the Engineering Services Department on EURA projects, and the staffing of that Depart~nt. He stated that the Authority realizes the Engineering Services Depart~nt has lost staff in the last year or two, is bogged down with jobs needing to be supervised and done, and wanted to express the appreciation of the Authority to Ms. Ragland for the fine work that she and her staff have expended on the Authority proj- ects. Hs . Keena asked that the appreciation of the Authority and our co..en- dation of Hs. Ragland and her staff be brought to the attention of the entire City Council . Mr. Hinson stated that he has discussed this with Mayor VanDyke. Hr. Minnick asked for an update on the RBI phase of little Dry Creek work. Hs . Ragland stated that RBI was given a seven page punch-list of !teas that needed co.pletion and /or correction on their phase of the project. They have completed approxi•ately 65' of these !teas to date. The issue of replac~nt of dead shrubbery and trees has not been resolved. EDAW representatives have suggested waiting to see just how well sa.. of the trees survived the winter before citing those that need replacing . Mr . Minnick noted that a manhole cover was left off over night recently, with no barricades around the •anhole . Mr . Minnick also cited a grade differential on South Logan/East Jefferson. Ms . Ragland discussed this grade differential , and the require.ent that the curb and gutter be redone to facilitate drainage . Totton .oved: Keena seconded: The Englewood Urban Renewal Authority award the contract for construction of the South Cherokee Street/West Girard Avenue /Eng lewood Parkway intersection to Concrete Works of Colorado for the bid ..aunt of $109,125 .00 . AYES : NAYS: Totton, Voth, Cole, Keena, Mcintyre, Minn ick Non ABSENT : VanDyke ABSTAIN : None The MOtion carried . VII. Fl M • Hin on $1 70,0 0 to r . Hln Ftn nc VIII. IAl REPORT. finan ci al reports wl h h Authority . tha h Ci ty Council approved t loan of an dditional or nt r tlon construe ion and a~inlstration . • 6 • Langhoff of Mlnag and expens proJ ctlons . report wl th rs of dl cu sion of a proj c , th op ni"9 I •• • • • of the Trammell Crow project, and the placement of the Indian Sculpture as part of the Little Dry Creek beautification. In response to a question from Mr. Hinson, Ms. Ragland estimated that Lillard & Clark might be finished with their portion of the Little Dry Creek construc-tion in August, 1988. Ms . Ragland discussed the problems that are otcurrlng with "future d .. builders• vandalizing the work In Little Dry Creek. She stated that once the City has assumed control of this area of the Creek, consideration will be given to grouting the rock and riprap into place in an effort to prevent kids moving it and constructing small d .. s on the stre ... IX. HANDICAPPED RAMPS Mr. Hinson stated that the matter of the handicapped ra.ps had beco.e quite an issue, but that he and Chainaan Yoth had .. t with representatives of Frederick Ross, Mayor VanDyke, and Ms. Ragland. Cost esti.ates have been reviewed and it was deter.ined that a number of the costs associated with the ra.p were already built into the total project figure. It is now esti.ated that the handicapped ramp by Pier I can be constructed for the $13,000 which the Au -thority had previously approved. X. LITTLE DRY CREEl DESI&II SEIVICES Mr . Hinson stated that in February, 1988, the Authority approved pay.ent of extra design services on little Dry Creek downtown. A .athe.atical error had been made on the infonaatlon given to the Authority at that ti .. , and the amount should actually have been $13 ,095 rather than $12,795 which was ap- proved . Mr . Hinson asked for authorization to pay the full $13,095 for the redesign services. Mcintyre 110ved: Keena seconded: The Urban Renewal Authority authorize pay.ent of $13,095 for extra design services on little Dry Creek in the down -town area. AYES : NAYS : Yoth , Cole, K ena, Non Intyre, Min nick, Totton ABSENT: ABSTAIN: VanDyke one The 110tton carried . XI, MISC£L EOUS very n arttcl f th Color do niclpal rull~ on outdoor dv rtf tng • 7 • I • • • • Mr. Hinson st1ted thit 1 Court Heiring his been scheduled for 9:00 A.M. on May 5 reg1rding the issue of right-of-way for Englewood Parkway which was taken from First National Bank property. There has been no valuation hearing on the property to date by •utuil consent of all parties concerned. It has been on the Court docket for several years now, and the hearing is at the request of the Judge to deten~ine why the case should not be dis•issed. XII. PUBLIC FORUM Mr. Voth asked Mr. Fish if he wished to address the Authority. Mr. Fish re - quested cl1rific1tion on the intersection i~rove.ents at South Cherokee Street/West Gir1rd Avenue /Englewood Parkway. Mr. Hinson indicated the design of the intersection and the projected traffic flow in the area . There being no further business to co.e before the Authority, the ... ting was declared adjourned at 7:10 P.M . Gertrudi: Welty 17 Recording Secret1ry I • • • ENGLEWOOD LIQUOR LICENSING AUTHORITY MAY 4, 1988 The regular meeting of the Englewood Liquor Licensing Authority was called to order by Chairman Styes at 7:35 p.m. Present: Absent : Also present: Waddell, Mclaughlin, Boardman, Lunders, Styes None Charles Grimm, Assistant City Attorney Loucrishia Ellis, Deputy City Clerk * * * * * NEMER BOARDMAN NOYm, NEMER NCLAU6HLIN SECONDm, TO APPROVE THE MINUTES OF THE RE&ULAR MEETING APRIL 20, 1988. Ayes: Waddell, Mclaughlin, Board•an , Lunders, Styes Nays : None Abstain: None Absent : None Motion carried. * * * * * Charles Gri-., Assistant City Attorney, explained that the application for Modification of Pre.ise for Csardas Hungarian Restaurant, 3495 South Broadway, wa s to have been presented to the Authority tonight to obtain their approval for a patio area to be added. This request wa s 1not part of the original Modification that wa s approved by the Authority. However, the Butlding and Safety Division has tnfonltd us that the original changes proposed by the Hellvigs constitute 1 building use change and the upgrade aay prove to be cost prohibitive to the owners . Discussion nsued . THE AUTHORITY A&REm TO TAILE THE MODIFICATIOII Of PIDUSE FOI CSMDAS IIJN&AiliAN RESTAUIANT, 3495 SOUTH IROADIMY, !Mil Ttl( APPLICMT CCIR(S FCIRMAIID. • * * * * tOlER LUNDERS NOYm, N £R IOAaAN SECCJII)(D, TO APPIOVE THE Of COIPOIATE STRUCTURE FOI SKIPPERS, 999 ST AY~. Ayes : dd 11, lau hl n, Boa an, lund rs , y s ays : on A s aln : A s carrl d. • • • • • G -• • • Absent: None Motion carried. * * * * * The Authority discussed the suspension that Magnet Inn received several years ago. It was agreed that it had occurred under the direction of the previous owners. Discussion ensued. NEMER I.UII)ERS MOVm, MEJIIER WADDELL SECONDm, TO APPROVE THE RENEWAL OF MMNET 1., 2113 SOUTH BROADWAY. Ayes: Waddell, Mclaughlin, Boardaan, Lunders, Styes Nays: None Abstain : None Absent: None Motion curled . (Clerk's Note: On Transfers of Ownership where line one of the application Is actually changed (I.e ., Kenneth Richards changed to Helen B. Garcia) previous suspensions do not follow the new licensee. On Changes of Corporate Structure where line one of the application r ... tns the s ... , but various corporate officers change, then all for.er suspensions, revocations, etc . .ust be reported. In the case of the Magnet Inn, line one of the application did change -Ken Richards sold his business to Helen B. Garcia . Ms . Garcia applied for a transfer of ownership, so th n licensee bee Helen B. Garcia (line one of the application). Therefore, the prior suspension would not be reported.) • • • • • Me.ber Wadde ll noted that he had been In Buyers Club this k and was led to be1teve that Al 's Liquors uld be ~vtng to another but1dtng In the ca.plex once tt wa s finished . Chatnaan Sty s stated that as they have not ~vtd at thts tt .. It uld not affect th al . If thy re to ~v without prior approval of the l quor lie nstng Board t uld be uuse to bring thell before th Author! ty . cash er of Al 's lfquors was not on ld advts 0111 I 0111 of th I - • •• • • • • • • • Deputy City Clerk Ellis distributed copies of the proposed letter to be sent to Hampden West, 3517 South Elati regarding the modification of pre.ise . The Authority approved the letter . • • • • • Ms. Ellis advised the Authority that a Transfer of Ownership has been filed for Thorobrld liquors, 5050 South Federal. Upon approval of the background investigation of the new owners , the aatter will be sub.itted for the Authority's consideration. • • • • • The Authority approved the new .athod of reporting the police calls for renewals . • • • • • The .aeting ad j ourned at 8 :15 p.•. Approved by telephone poll 5/18/88 I . ( ( c - DATE J un e 6 , 1988 INITIATED BY ACTION PROPOSED • • • C 0 U N C I L C 0 M M U N I C A T I 0 N AGENDA ITEM llA . SUBJECT Amendments to the Landscape Or dinance §16 -4 ·18, 1985 E .M.C. City Plann ing & Zoning Commi s sion Adopt Co uncil Bi l l No . 11 .1 , f o r an Or d ina nce Amending §16 ·4-18 , the Lands c p Ordinanc , 1985 E. H. C. BA CKGROU ND The City Planning and Zoning Co lssion had recogniz d that certain provisions in th Landscap Ordinance should be am nded ln order to make the ordinance more effec · tive . The •b rs of th Co isslon wor k d with the Cov rnm nt Liaison Co11111lttee o th Great r Englewood Chamber of Comm rce and subsequ ntly d velop d am ndm nts which w r acceptabl to both th Co lssion and th Chamb r Comaitt These pro· pos d a ndm nts w r th n rafa rred to th City Coun il a the regular Council M e · in on April 5, 19 88 . I . -• • • ( RECOMMENDATION ( (\, - It: is recommended t:hat: Council Bill No . 11.1 be approved, which Bill for Ordinance would amend Title 16, Chapter 4, Section 18 , Landacape Ordinance, Englewood Municipal Code 1985 . Council Bill No . 11 .1 incorporate• the changes recomaended by Councilman Kozacek and Mayor Pro Tem Clayton. These changes were approved by the Greater Englewood Chamber of Commerce Government Liaison Committee and have been considered by the City Planning and Zoning Commission . gw I . l J - OODINAOCE NO. SERIES OF 1988-- ,. • • • I/C0 O:UCIL BIU. NO. 11.1 INl'RCfXOD BY api:IL MDmER BILO j Cl'tujz:..,_, AN OODINANCE AHEMII!«; TITLE 16, OIAPTER 4, sa:TIOO 18: I..Arl:lOCAPE CIWINANCE, m:ii.D«XD ~ICIPAL COOE 1985. ~. the City Planning and ZOning Ccll1ni.ssion and City council realize that landscaping is necessary to create an attractive visual and enviromental atrrosphere for persons living , 1110rking, and doing business in the City; and WHEREAS, City Council desires to llmend the Landscape Ordinance to refl the suggestions subnitted by the business camJJllity through the Go\lerrrrental Affairs Ccll1ni.ttee of the Greater Englewood Owltler of Camerce, which men n s encour property owners and business owners to design their landscaping, within reasonable guidelines, in a way tha is CX~~patible with adj pr ie ; , 'n~, BE IT ~ BY '11IE CITY <XXH:IL OF '11IE CITY OF u..........,.nu....., , COL<IlADO, THAT: A. Stat:~ent 2. 1. "Landacape OE-d.inance, " foU - - • • • c. THmE IS N!IY REMDELING OF EXIST!~ BUilD~ ~CH WILL INCREASE 'mE FLOOR AREA BY FCffi'Y PEOCml' (40't,). 2. When, because of the characteris tics of the land or the location of existing structures, it is not physically p:15sible or feasible to provide for landscaping on the site, the prq>erty owner shall elect one of the following alternatives: a. DEPOOIT J\tl A.'Um ~TO $1 X lO't, OF 'mE 1m AREA AS~ IN ~JARE FEET IN 'mE PUBLIC IK>IOIEMENr F1.H>. '11US F1.H> SHALL BE Usm f'C.R BEAl!l'IFICATIGI OF PUBLIC lMPROIID1ENl' RH>. '11US FUND SHALL BE Usm FOO. BEAl!l'IFICATIOO OF PUBLIC ~ AS DETERf.UNID BY 'mE CITY OOJOCIL. b. IMPROVE 'niE APPF.AAAN:E OF 'mE snuri' SIDE Ell'l'ERI~ OF 'l1tE BUTIDING ux:ATED 00 'mE lAND IN AN AM:Url' NC11' LESS THAN "mE &Jot B;JUAL 'ro $1 X 101. OF 'mE 'lUl'AL AREA AS MFASURED IN S00ARE FEET. '!liE DI~ MAY RB;JUIRE r:xx:tMENl'S 'ro SUBSTANl'IATE 'l1IE &Jot PAID FOO. ll1PROVEl1ENI'. 3 • 'niESE RmlL\TIOOS SHALL NC11' APPLY IN AIL ZCNE DISTRICTS IF ANY em; OF 'lllE ~ <XXlJRS: a . THE PRCPEXI"Y ~ aJSINESS CQ1PLIID WI'l11 'l1iE I.Nil9:APD«> POOVISI S IN EF'FfX:T AT ntE BfX>l:tfil:OO OF THE CXXl.IPNCY. b. IF 'n!E PRCPERTY IS IN c:D1PLIN«:E WI'11t THIS (R)IlW«:E AND '11DE IS A ClWQ: IN 'niE TUWII' ~ lESSEE, 'l1IE ~IM:i ~I NOr APPLY. C . Min!Am s: 1. AllD I . l J •• • • • established by the Director. Before the Temporary Certificate of Ck:cupancy shall be issued, a security instrurent naming the City as beneficiary shall be filed with the City, which security instrument shall require the installation of all landscape improvements within the time frame established by the Director. nJe security instnrnent shall further provide that it shall be in full force and effect for one year after the time frame established by the Director or until the landscaping has been catpleted. Should action be cannenced to enforce the landscaping requirenents, the security instrt~tent shall continue to be in full force and effect until the inprovements are cal1lleted. Further, the security instrunent shall provide for the paynent of all attorneys fees, collection fees and expenses of the City in enforcing the landscaping requirements. 'nle MD.II'lt of the security instrumnt shall not be less than twice the value of the landscaping inprCM!I'IIellts. nJe fonn of the security instrunent and its terms shall be approved by the Director before acceptance ~oo BDiALF CF the City. (2) To overide the security ins rurent, the property owner lllllY deposit with the City cash in e-.£ro., certified funds, or .-t irrevocable letter of credit, in a fonn accep able to the Director. 'nlc payee of said fWlds shall be the C1 ty, and the funds shall be collectible by City ~~ the Ci y' • g1v1n9 ten (10) days' written no ice the party giving inst.r\.18\ and there fter executing oo the instnnen . C . HINlM.tl (1) (2) l I . ( • •• • • • trees and plants for given areas along with instructions for prqler installation and maintenance of landscaping. ~ h. In areas critical to pedestrian and vehicular traffic, shrubs and other plants nust be installed and maintained to prcwide clear visibility as determined by the Traffic Engineer. D. Parking Design Requirements; All ZOne Districts. l. If proposed construction of free --~off-street parking areas contains fifty (50) or more stalls, ten percent (1~) of the total parking lot area shall be landscaped with bslt:y-five pm:Ci!iat (2 $J.) FifTY PERCENI' (5~) of that area to inclu~ living plant material. 2. ,.. • t)' '",. F• at c ~ u~ rl-* .-..w: •·n ilwl•* 'IliEP.E SHAIL BE a mininun of one tree per fifty (50) equare LINEAR feet OF PARKING AISLE t.ENm-1. 3. In addition to he '-' ••••t (J.CII,J requirementS in s\bsect:ionS D.l. NV D.2. alxJvo2, parking areas that are adjacent to streets shall neet these equirel'lelts: b. Stree tre_s shall be planted in the Wffer zcne at the rate of one per forty (40) line f . • at \1'-p 1 'BIIted ia ta1o b•f(a; U I 1111¥ -.......... -· .... --RY 1 tk in &ee..._ aa ~1111!. e. Main enanc • 3. In .\n ull, U, 1 11 • 1 ld • 1 I ( l J - •• • .. • Reed, lliiiE!nded, and passed as amended at the 6th day of Jwle, 1988. Published in full as lliiiE!nded at the 8th day of June, 1988. Attest: m Van oyJU; I AlijOi Patricia A. crcAOI, city Clerk I, Patricia H. Crow, City Clerlt for the City of lb:)la.ood, Coloracb, hereby certify the above and foreqoinq is a true copy of the Ol"dinance pused at first reading oo April 5, 1988, plj)lished in full at Apdl 13, 1.988; Oa\Sidered at public hearing oo May 2, 1.988, Ubled at May 2, 1988; ~ and pasaed as .-ended at the 6th day of June, 1988, plj)lished in full • lllllendad at the 8th day of JUne, 1988. PitrlCla R. t:rCili I • - • • 2077103 BELLEVIEW l )tl ) .. @ • t 041 1.,.,_ :! I .1 ........ ,. b 4 t 1111 001 .. 04. "'Y1 I ..... AVE , 10.0 ---- I' I '· I I :,.1 .. ' I ., I I I ' -....J- r Cliff 0 N DATE June 6, 1988 I NITIATED BY • • •' • C 0 U N C I L C 0 M M U N I C A T I 0 N AGENDA IT!M 11 tj SUBJECT W. Belleview; La nd de d ication to widen a nd easeme n t vacation. Department of Community Developm nt ACT ION PROPOSED Approve Council Bill No. 17·1988, which 8i11 for Ordinance provides for the d dicatlon of land adjoining 300 We t Bellevl w Avenue for str e purposes and the d dlcation of a 5-foot eaaem nt for sidewalk and for slgnag purpos a, and for th vac tlon of utlllt e ae .. nta tha are obaol te . BACKGROUND On Janu ry 20, 1986, th Clty Council pprov d the Sllv r Cllf Plann throu h the adoption of Ruolu ion o . 7, S rle• of 1 86 . Th ilv r d 0 la located at 300 W at Bell vl w Av nu . Thl• 312-unit , ultl •fe is now und r cone ruction by th ovn r , Hr . a ord H u 1 . tn 1 tlon r t b I . - • •• • • no longer in a location to be utilized . For this reason , it was understood at the time the Planned Development was before the City Planning and Zoning Commission and City Co uncil tha t the easement retained at the time of the vacation of Miramonte Road and the easement on the east side of the Hiraaonte Subdivision would be va- cated . It was als o understood that Hr . Hetzel would dedicate the right -of-way for West Belleview Avenue simultaneously with the vacations . The staff was prepared to bring the matter before the City Council in 1987 . However, the market was such that Hr . Hetzel was delayed in obtaining financing for the development . Until the financing waa obtained and the development was assured , it was determined that the vacation of the utility easements should not go forward . RECOMMEN DATION : Now that the financing has been obtained for the Silver Cliff Planned Development, and it is under construction, the City should proceed wi th the necessary utility easement vacations a nd should accept the dedications for the widening of Belleview and the pedestrian access and traffic si&na&e . To this nd , it is recommended that Council !ill No . 17 should be approved . gw I • l OODINIIOCE NO. SElUF.S <F 1988-- • • • BY Al1l'HJRITY A BilL FCR t.N CIIDINANCE WtCATIHi F.ASEMEm'S IN RE'ruRN FCR DIDICATIOO <F n«:> PARCELS <F REAL PRCPERTY FRat SANFaU> K. HETZEL, D/B/A SANF<JID a:J1Pt.NIES, IN cx:.Nm:TIOO Wl'lll THE SIL~ a.IFF DEVEU:FMm'l' AT 300 WEST BELI.E.Vl9l AVEHJE. WltrnEAS, by Resolution No. 7, Series of 1986, Ci ty Council approved Planned Developnelt sutrnitted by Sanford K. Hetzel d/b/a Sanford carpanies at 300 We s t Belleview; and WHEREAS, by Ordinance No. 51 , Series o f 1985, City Council vaca ted the right o f w;;,.y of JotircS~Cnte Road in Miraronte SUbdivision and approved a grant of easerrent fran Sanford K. Hetzel d/b/a SanfOI·d Cc::nt>ani es f or a wa t e rline ; and \flERFJ\S, Sanford K. Hetzel 's engineers , Hall!Mrk and Associates , Inc . , re<pest that the City vacate the water easement retained dlring the vacation of Miraroonte Road and the 5-f oot utility easeaent dedicated on the plat of Miri!IID'lte Subdivision ; and WHEREAS, in exchange for these vacations , Sanford K. Hetzel will dedicate bio parcels of r eal property to the City of Enq l ewood, one for street purpoMS and the other for pedestrian acces and signage purposes; , ~. IT ~ BY 'l1iE CITY <XX.ICIL <F THE CITY <F fl«iLfl , ~, '11iAT: tAinec1 by Ordinance , part eularly o and incorpor herein by ln u. -l- I -•• • ,. I • Published as a Bill for an ordinance on the 8th day of JWle, 1988 . Attest: Patricia H. Crow, City Clerk I, Patricia H. Crow, City Clerk of the City of Dlglewood, Oolorlldo, hereby certify that the aboYe and foregoing is a true ocpy of a Bill for an Ordinance, introclx:ed, read in full, and pueed on the first reading on the 6th day of JWle, 1988. Patricia H. CiQI I . • - l ,j • • • THIS VN:ATIOO OF FASEMElon"S is made the _ _ _ _ _ day oL _______ , 1988 by the CITY CF DG.ENXX>, c:a.awx>, ...taose address i'Sl4oo South Eiat1 Street, Englewood, Colorado 80ll0, in favor of SANFCJm K. Min'ZEL d/b/a SANFCliD <XK'ANIES, a sole proprietorship, whose address is 3773 Olerry creek Drive North, Suite 535, Denver, Colorado 80209. 'nle parties hereto agree that: 1. The City of Dlgleo.~, Colorado, hereby vacates the following described easenents: A. The 20-foot water easement retained under Ordinance No. 51, Series of 1985, 1oollich vacated Mirai!Olte Street, nr:>re particularly described as follows: I . A 20-foot-wide strip, 10 feet oo each side of the following described center line: inning at the Northwesterly corner of Lot 14, MIRA.' SUI!DIVISIOO, a subdivision plat recorded in the Clerk and Recorder's office of Arapahoe County in Plat Book 10 at page 82, ion No. 490490; thence Easterly along the Northerly line of said Lot 14 and along the Southerly line of West Belleview Avenue 145.3 f 0 True Poin of Bec)iMinq; thence Southerly and par llel with Easterly lines of Lots ll through 14, inclusive, MIJWOn'E SUBDIVISI , a distance of 418 feet; thence on a deflection M9l 1 08030', a di ance of 266 f ; thence on a tl 1 t o 1 t of 13000' a distance of 120 f r or said t to v ted upon and new t CXInveyed to CJ.ty o the satlafac:tioo of the c y of I . • • • IN WITNESS WKERroF, the parties have signed 'ntis Vacation of Easements on the day and year first above written. Attest: Patricia H. Crow, City Clerk ... By ••••••••••••••••••••••••••••••••• Mayor SNIFCJU) K. METZEL cl/b/ a SANFCR> CXJ4PANIES, a eole proprietorship By ••. ------· ••••••••••• •••••••••• Sanford k. Metze!, SOle PropiletOi Sole Prcprietor 'ftle foregoinq vacation of Euelelts ~ signed and attested to before ne by • • • u Mayor • • • • • • and Patricia H. crow u City de& of the City of !Sijiewood, COlora&, the . day of_......::.....-·~·;..;..·, 1988. -- nion epU.: NOtAiY Nillc 3400 s. Elati Engl.wood, (X) 10110 I . l .J • • • DEDICATIOO DEED THIS DEDICATICN DEED made this . ___ . day of JWle, 1988 between SANf'(H) K. HETZEL d/b/a SAUFCIU> a:J-1PJ\NIES, a sole proprietorship (Grantor) whose address is 3773 Cherry Creek Drive North, Suite 535, Denver, Colorado 80209, and the CIT'i OF ~. ().)L(lU\[)() (Grantee) of 3400 South Elati Street, Englewood, Coloraoo 80ll0; WIIERFJ\S, by Resolution No. 7, Series of 1986, City Council approved Planned Developrrent subnitted by Sanford Cmpanies at 300 West Belleviet; and WHEREAS, by Ordinance No. 51, Series of 1985, City Council vacated the right~f-way of Mirarronte Road in t-tinmonte Subdivision and approved a grant of easement fran Sanford Carpanies to the City of Englewood for a waterline easerrent as approved by City Council in the Developnent Plan for Silver Cliff (300 \'Jest Belleview Avenue) and Recorded in nook 91 at paqes 26-30 of the records of Arapahoe County Clerk and Recorder. ~. 'l'HEREFCJU:, Grantor, owner of the hereinafter described real ~y, hereby Ce<!i cates , gran s and cooveys to Grantee, for and in consideratioo of the s\Jll o f cne Dollar and other C}Xld and valuable consideratioo, to Grantor in hand pa i d by Grant , the receip whereof is hereby confessed and Jcno.oledqcd, and by these pr sents cbes dedica , grant and convey unto said Gran ee, for i s purposes, all rights, title, interests, and claia8 in and to the follo.ring described real property situate, lyir¥3 and bei"'9 in the County of Arap.lhoe and S at of Colorado: Parcel A. toM quart. r (NW 1/4) of ioo 15, of he Sixth Pr nc:ipal idi~, City o , Sta of Colorado, puticularly I . -• • • Parcel B. A Parcel of land situate in the NW 1/4 of Section 15, Township 5 South, Range 68 West of the Sixth Principal Meridian, City of Englewood, County of Arapahoe, State of Colorado, IIDre particularly described u follows: Camencing at the NE corner of the NW 1/4 of the NW l/4 of Section ·:::--~ 15; thence S 00010'18" W along the Easterly line of the NW 1/4 of the NW 1/4 of said Section 15, a distance of 30.00 feet to a point on j the Southerly riCJht-of-way of West Belleview Avenue; thence N 89048'36" E along said Southerly riC)ht-of-way, a distance of 33l.U feet to a poin.t on the Westerly boundary of Block 1, Lot 1, EWing SUbdivision; thence S 000U'48" w along said Westerly boundary a distance of 11.00 feet to the true point of beginning; thence continuing S OOOU' 48" W along said Westerly boundary a distance of 5.00 feet; thence S 89048'36" W parallel with said Southerly riC)ht-of-way of West Belleview Avenue, a distance 661.63 feet to a point on the Easterly boundary of Block 1, Lot 1, Signal Hill Addition; thence N 00008'35" E along said Easterly Boondary, a distance of 5. 00 feet; thence N 89048' 36" E and parallel to said Southerly riCJht-of-way, a distance of 661.64 feet to the point of begin- ning. Said Parcel B contains 3, 308 square feet ( 0. 08 acre nDre or less) • Grantor VMJ:ants and represents that Grantor is the fee s~le owner of the F.asement Property and that Grantor has full right, tiUe and authority to make this dedication. Grantor further COI/ellants and aqrees to indflmify, defend and hold Grantee City ha.rmless fran and against .-.y adverse claim to the title of the llbow described property by all and wery person or persons lawfully clai.n\ing or to clai.Jn the whole or any part thereof. This dedication shall extend to and be binding upon the heirs, periiOI'\al , a i , ucx:essors and assigns of the respecti parti hentto. The ....,.._,.nts and conditions shall be construed u 00\leMnts 1 • - . / ( OROIIWCE K>. ~I SERIES <F 198_5_ • • • BY AlTrHORITY <XXJN:IL BILL II). 55 INI'RCXXX:D> BY COUtCIL M!MBER ~EJM aoo~4554tM235 AN OROIIWCE W\CATING Hl!WiOm'E R<W> RICJtT-4"-WAY NC) <BTAINING A 20-FOO'l'-WIDE WATER FAS&\!Nl' IN HIRAI'100TE SlBDIVlSION NC) PllOP£IlTY ADJOINING ON 'ntE FAST. WHEREAS, the owner of Hiurnont:e !U:Idivision as wll u property adjoini"'JJ the subdivision on the eut propo•s to construct a multi-family dwelopl*lt on the site; and WHEREAS, subject site is on the wat and north aides of the South Slope Oordaninhns and on the lOUth ~aide of West .. lleview Avenue ; and WHEREAS, said owner will be filing a PlaM«! OlvelopMnt for Planni"'JJ Camlission and City Council to consider; and WHEREAS, the existing right-of-way will not be aaary to provide access to or within the pcopoMd developMnt; and WHE~, there is presently M\ l-inch ~ter line looping the ~ter aystam fran Lehov Avenue to West .. lleviev Avenue .t\ic:h .....Sa to be protected; and RFAS, owner has .;reed to dedicate to the City a 20-foot- wid _t..,..I!Ot for the ... t r line with the stipulation that the be vacated ~n the relocation of the ... ter Hl.-nttnt conveyed to the Ci ty; I "nCERU''R£, BE IT ~INm BY ,. CITY cxucu. at 'nt£ CITY , OOLOIW:lO: I . • • • aoo~ 4554f fll _,[ 2Jti Section 3. 'ftlat the Mayor and ex officio City Clerk- Treasurer are hereby authorized to aign and attest .. id crant of Water Line Easanent for and on behalf of City Q)uncil and tlw City of lhglewood. Introduced, read 1n full, and pa•..a on firat r..Sing on the 5th day of ~uat, 1985. Publlahe!S u a Bill for ~ ~d 1nance on the 7th day of august, 1985. RMd by title and pa...S on final rellding on the 19th~ of august, 1985. PubU.t.! by tltle u oaunance tiD.£, &erl• of 1985, on the nat day of quat, 1985. 1, ~y L H19bee, • offlclo City Clerk-Treuurer of the City of Jnglewod, Color.So, her.tty CKtlfy tNt the .move and foreraolng 1a a true, 810CUEate and CCIIPlete copy of the ordi!WlCe pa...S on final r..Slng and plbllat.! by title u ~inance ... s!i.J._, -·-of ltiS. fcz1~ 2 I . • • • • GRANT OF WATER LINE EASEMENT aooK4554 r-MA 237 THIS GRANT of a water line easement (this "Grant") is made this ~ day of Au~ust 1 1985 by SANFORD K. HETZEL, Sole Proprietor of Santor K. Hetzel, d/b/a Sanford Companies, a sole proprietorship, ("Grantor") whose address is 3773 Cherry Creek Drive North, Suite 535, Denver, Colorado 80209, in favor of the CITY OF ENGLEWOOD, COLORADO , ("Grantee") whose address is 3400 South Elati Street, Englewood, CO 80110; The parties covenant and agree as follows: 1. Easement Proeert*. The "Easement Property" shall mean the real property located 1n t e County of Arapahoe, State of Colorado, more particularly described as follows: h A 20-foot-wide strip, 10 feet on each side of the following described centerline: Beginning at the Northwesterly corner of Lot 14, MIRAMONTE SUBDIVISION, a subdivision plat recorded in the Clerk and Recorder's Office of Arapahoe County in Plat Book 10 at page 82, Reception No. 490490, thence Easterly along th Northerly line of said Lot 14 and along the Southerly line of West Belleview Avenue 145.3 f et to the True Point of B ginning; thence Southerly and parallel with the Easterly lines of Lots ll through 14, inclusive, MIRAMONTE SUBDIVISION, 418 feet; thence on a deflection angle to the left of 8o30', 266 feet; thence on a deflection angle to the left of 13o00', 120 fe t more or less to th Point of Terminus. Sa1d eas ment to be v cated upon reloc tion of the w ter l1ne nd new e ment conveyed to the C1ty of En9l wood, 1 n d ll o th s t a ction of th C1ty of Englewood . this Grant, Grantee r good and c knowledg I . -• • • aoo~4554t"Ll 238 5. Restoration. Grantee agrees that after the construction , maintenance, repa1r, replacement, or enlargement of any of the Lines and Appurtenances, Grantee shall restore the surface of the Easement Property as nearly as reasonably possible to the grade and condition it was in immediately prior to said construction, maintenance, repair, replacement, or enlargement , except as may be necessay to accommodate the Lines and Appurtenances. Grantee agrees to restore and repair any improvements of Grantor on the Easement Property which are damaged, modified or altered by Grantee during said construction, maintenance, repair, replacement or enlargement. Grantee further agrees to replace a ny topsoil removed from any cultivated or agricultural areas on the Easement Property and to remove any excess earth resulting from said construction, maintenance, repair, replacement or enlargement, at Grantee's sole cost and expen se . 6. No Impr o vement s . Grantor covenants and agrees not to construct, erect, pla ce or plan any "Improvements", as hereinafter defin e d, on the Easement Property without obtaining the prior writte n consent of Grantee. "Improvements" shall mean ny structure or bu ilding . Gr a nt e shall have th right to remove, without any li bil i ty to Gr ntor , any improv , nts constructed , erected, placed or pl nt d on th Eas m nt Prop rty withou Grantee's having obtained the pr1or wr1tten c o n s ent of Gr ntor. Gr nto r coven nta and nt . - • •• • • eooK4554FAut 239 and that this Grant of an easement is superior to all other grants. Grantor further covenants and agrees to indemnify, defend and hold Grantee harmless from and against .any adverse claim to the title of the Easement Property by all and every person or persons lawfully claiming or to claim the whole or any part thereof. 11. Bindin~ Effect. This Grant shall extend to and b e b i nding upon thee1rs, personal representatives, successors and assigns of the respective parties hereto. The terms, covenants, agreements and conditions in this Grant shall be construed as covenants running with the land. IN WITNESS WHEREOF, the parties hereto hae executed this Grant of Water Line Easement the day and year first above written. ST ATE OF C LO RA DO COUNTY OF 1/KJti'AIIil •- . . . ' ss . GRANTOR: SANFORD K. METZEL, d /b/a SANFOR D COMPAN I ES, a sole propr ieto r s h i p By ti4#~~ Sole Propr letor ,, . I • • • • GRANTEE: CITY OP ENGLEWOOD, COLORADO By~««.< !£.tf2t;; U<ie L. otu, Mayor Attest: e~cfo7£t(~~r~r STATE OF COLORADO COUNTY OF ARAPAHOE ••• Acknowledged before me thh zC 'ft day of ().'ti~L , 19 f-.~,.....­ by Eugene L. Otis as Mayor and Gary R. Higbee as exficio City-- Clerk-Treasurer of the City of Englewood, Colora~: -~' .· '· · . I ~\. .... .. •"' '- . h ., .· ~ t} 2~),._ ;6-ifotlr ,P\JS:Cic 3400 s. El ti Street Englewood, CO 80110 I . - DATE June 2, 1988 INITIATED BY ACTION PROPOSED •• • • C 0 U N C I L C 0 K K U N I C A T I 0 N AGENDA IT!K SUBJECT Am ndment to Ordinance •45, Series of 1987 , Emergency Charge Upon Telephone Exchange Access Facility Rob rt Holm s, Police Chief Am nding Ordinance No . 45, Seri s of 1987, cone rning th lnt rgov rnm n al Agre m nt creating th Em rg ncy T 1ephone Servic Authori y to provid or the exclusion of th City of Llt 1 ton I . - • • •• • • FINAN CIAL CONSIDERAT I ONS Within the original authority ar@a , th rgency access tariff was estimated at 28 to 32 cents per mont h per exchan a cc ess facility . This may increaae alightly, but will be wel l within the tariff limits approved by the Public Utilitiea co .. iasion . There will be no cost or impact on any City of Englewood revenues or general fund expenditures. LE GAL OPINION It is the opinion of the city attorn y that the aaendaent to this ordinance is n cessary to provide for th change in the intergovernmental agreement and facili· tate implementation of Ordinance 45, Series 1987 . The city attorney's office has prepared the required amendment and ordinance language . CO NCLUSION AN D k!CO MMEN DA TIO NS The system is already operational in Adams and Jefferson Counties and well into development in Denver and Aurora . Two years following the signing of the inter- governmental agreem nt is r quired for develop .. nt, manufacturing and installation of the system . Therefore , immediate approval of this proposal ls strongly recommended . , I • • - l J CR>IIWCE t«:>. smuES CF 1988-- • • • IIC~ AN CR>nw«:E AM!H)IK; CR>nw«:E t«:>. 45, SI!JUES CF 1987, Nil CR>nw«:E t«:>. 60, SERIES CF 1987, <XDIFI!D IN TITlZ 4, ~ IUfiCIPAL <XIE 1985, P!RTJUNiltG TO ~ '1'ELEPfDIE SERVICE AlmllUTY. ~. in the interest of protecting and ~ing plblic Afety and welfare, it is desirable that the citizens of the City of l!hl)lfNCOd, Colora&l, be provided with ener<JIIiiCY telephone service; and ~. a1e of the propoeed parties to the ~ Agra 1 1 at creating the Authority has dlcidad not to participate; tot, 'l1iEitEKitE, BE IT ~ BY '1'HE CITY <XUI:lL l'tB 'DIE CITY CF !JG.fJ«XX), ~. ~= Section 1. Oird1nanoe 45, Serie. of 1987, Section 2, and <kdin.lnce No. 60, Series of 1987, pertaining to Detga~ey Telephone Service Authority u oodified in Title 4, Owlpter 8, l!hl)lewood tua.icipal Qxta 1985, ia t.rllby ~to read u follows: Sa::tion 2. '1'hia at"dinlnoe ahall be effectiw ~ aignature of tntergOIIIiu-atal lqr at creating the -CJeiiCY Tel.paw Service Authority by the MI&)U" and attntation by the City Clerk. It ia not neoeaaary that &11 pcCf'OMCS ~&~~~ben 11ppr011e aaicS aagra-at. Introdx:ed, rMd in full, and pMaec:l on fint relld1ng on the 6th dlty of • 1988. PublilhecS a Bill foe II\ Or'cSinlnce an the 8th dlty of J\nl, 1J88. A. cr::ow. elEi aa h&ldi" I (R)INNO! t«>. !K_ SElUES ~ 1987 BY AIJl\DU'1Y • • • CXlH:IL BIU. t«>. 51 DmUlD!D BY cx:u«::n. MIMBt BMDSIWf/HI~ AN (R)nw«:E NolfK)IKJ TITLE 4, nGa«XD PUaCIPAL aDE, BY AOOIKJ A NEW ~ 7 PERTAINIKJ '1'0 IK'OSIKJ AN ~ OW.Z UPQI 'ft:lDtiJE EXCIINI:iE ACX:ESS FACn.ITIES wrmiN 'n1E CI'IY ~ EXiLB«XD; AlmDUZIKJ SI!JNICE IU'PLIImS '1'0 a:u.EJ:'T SAID fMEIQH:Y 'l"ELL!PP«H: CJWQ:S • \HM:AS, in the interest of protecting and preaervi.ng public Mfety and welfare, it is desirable that the citi~ of the City of Englewood, Colorado, be provided \~ith ernel"')el'lCY telephone service; and lit!EREAS 1 the City Council of the City of Englewood f~ that the City is lawfully authorized to i.np:)ee a charge ~ telephone sut.c:ribers within he City of fhglewood and to authorize telephone ..rvioe ~lien to collect said charqe; I ~I BE IT CRlo\INED BY 'niE CITY CXJ.H:n. C£ THE CITY C£ DGMXTI I CXL<ItADO I 'nfM': section 1. 'nlat Title 4 1 Englewood tb\icipal COda 1985 1 ia hereby ~tinq a new Chapter 7 1 to read u followa: 4-7: ~ 'n!UPtiH: SDVICE A111'1«JUTl: 'the~ ~lllphcnl Service Authority created by intergovery-..ntal. ~n16e1t funding Wll be u provi low: 4 -7-1: D£FINITI : As ulled 1.n thia aection 1 unl I;JOI.I.u;'on.•oo: requ.irea : -1 - I . - - • • • "Person" means any indivichll, firm, partnership, copartnership, joint venture, associaticn, cooperative orqanizaticn, corporatim (nunicipal or private and 1ollet:her organized for profit or not), goyerrllll!l'ltal aqercy, state, county, political S\ildivisim, state dl!lpartmmt, camli.ssim, board, or bureau, fraternal organizaticn, ~it orqani zation, estate, trust, business or OCIIIIItll 1• trust, receiver, assignee for the benefit of creditors, trustee, or trustee in~ or any other service user. "Public agency" means any city, city and county, toln, county, ..Uc.ipal corporation, public district, or public authority located in 111hol.e ex in part within this state which provides or has the authority to providlt fire fighting, law enforcment, ant:Julance, sergency .&cal, or other energency services. "Service ~lier" means any person providing~ telephone services to any service uaer in this state. "Service user• means any person ..me is providltd -=Nnge telephone service in this state. "Tariff rates• ans the rates billed by a service ~Her, u stated in the service s~lier's tariffs, which rateS have~~ by the Public Utilities camlission and which represent the .ervice ~Her's recurring charges for exchange acx:ess facilities ex their 8Cf,livalent, exclusive of all tues, fees, licenses, or similar c::har9es· 4-7-2: JMl'CStTI~ CE' OWQ: -LIABU.ITY CE' USER f'(Jt OW.Z - CCLI.J!CI'ICI' -lHXILtX:"l'fD NO.Nl'S A. A f is eby ilrposed, in accordance with Coloredo Revieed 5 a utes, Sections 29-11-101 throuc#l 104, ~ all telephone uc:hange access facilities within the City of !n;l-..ood, in 1n t not to e.:eed t:"oiO percent (2\) of the tariff rate u ipiX'CIII'ed by the 1'\.tllic Utilities Camlission. ~ r«> idat:ion of the 'C'CJ8fCY t lephcrte service authority, the City Council !MY, by resolution, raise or lower the ~ tell(lhone charge, but in no even shall such charc}e elCCe8d the .-:lUI'\t of two percen <l't.l of the tariff as lflProved by the Public Utiht es uion. C ty -2 - l I • -• • • Read by title and passed oo final reading oo the 21st day of Slptalblr, 1987. PIJ)lished by title as Ordinance No.K, seri• of 1987, oo the 23rd day of ~. 1987. I, Patricia H. Crow, City Clerk of the City of D1gl...aod, Colorado, henby certify that the lboue md foregoing ia a true. .:x:urate md oa~~~1.ta COf'i of an~ paged oo final reading and pmlist.d by title a """""""' lb. ~· Sorieo of l987. ~. . 'C. ~~&~ atr Cia it I . . - <R>DWCE t«>. ~ smiES CE' 1987 • • • F<Jt AN <R>IlWCE MEH>JKO TI'1U: 4, DQ.DIXI) lllfiCIPAL <X1E 1985, BY aw«m«; ~ 7, Pmm\INJKO ro ll90Sn«; AN I!MI!Xii!I«:Y OWW:Z tAlOI 'l'!U!PIDa: E1CCW1Z ACCESS f'11CILITIES wrniiN 'ftiE CITY CE' DGB«XJ), ro Tl'1Ul 4, ~ 8. ~. to properly n\Dler the City Coda MIS woid ~lication of chapter nmt::lering; IT IS ~ ~ BY 'ftiE CITY ca.H:n. C6 'fttE CITY C6 D'Gl.DIXI), ~. 'nfM': Sectioo 1. Ordinance No. 45, Seria of 1987, t. henlby -me! by chang~ nl.llber of DletCJ&IICf Teaphone Service Authocity frca Olapter 7 to Olapt.er 8 . Intl"CldJoed, read in full, MIS pu..S a'l first reAding on the 19th ~of October, 1987. 1987. 1'\.tlliahed u a Bill for m OrdiMnOe oo the 218t ~ of Oct.cber, 1987. Read by title md puMd on final reAding on the 2nd~ of Mol 111be1, 1'\.tlliehed by t tle u crdinilnce • .1J{2, Seri• of 1987, on the 4th ~ o f , 1987. I . DATE June 6, 1988 INITIATED BY ACTION PROPOSED • • • C 0 U N C I L C 0 M M U N I C A T I 0 N AGENDA ITEM City Manager SUBJECT Sale of City-Owned Trolley Square Parcel to JYM Properties, Inc . Authorize Ex cution of Documents to Fa cilitate th Sale of Cit ·own d Prop rty in Trolley Square IAClGttO D r d to sell to J ~ Pro located 1n conditions o( sal let· t to John It rtln, 11. l cc pt d by Cou t ; I -•• • • with the final value to be established by a third appraisal or arbitration. If Council finds as acceptable the concept of a range of value, the sale can be closed in approximately 45 days . If we have to wait for a third appraisal to fix a specific value before the legal documents are executed, the closing would not occur for approximately 90 -120 days . RECOMMENDATION Staff recomm nds that Council authorize, by ordinance, the execution of the attached documents to facilitate the sale of the City-owned property in Trolley Square . At the time the ordinance is passed,the sale price of the land will be expressed as a range of values, with the final value to be deterained through negotiation or through the process set forth in the Purchase and Perforaance Agreeaent . gw , • • J • • J • • • II~ A BILL FCR Nil <R>INNI:E ~ Nil N:iltE9Bf1' FCR 'ftiE WE CR REAL PICPERlY I SAID PRPmrY <XIIDLY REFmRm ro AS 'l'HE •Iat«> ax:pms srm. • iH!REAS, the City of Fnglewcod has entered into a ground leue for certain real prqlUt:y which is ~Y known as the •tting Socpers Site; • and ~. it i8 neceuary for the hMl.th, safety, and welfare of the City to sell said property; and ~ • .ny sale pcioe of the pcqlerty shall be smject to iippraiaal by cpalified I{JPZ'Aillen; tOf, '1\iEMUtiCE, BE IT ~ BY 'ftiE CITll' CXliCIL CR 'ftiE CITll' CR f.Mii.JIMXI)' <XUJtMX)' 'l'HM': Section 1. 'ftw City of l!:nl)l-.cod shall .ell, ~ to agr at, reAl .-cperty dncri.bf!d in the attached Purchase and Perf~ It, identified u Exhibit 1 hereto. Sec:t.icll 2. '1'he Mll)'CX and City Clerlt tlhall be and huwby are aJt.hod.-! to SiCJn ft it&.t said Purc::hue and Perf~ICe Al)rl It foe and on behalf of the Ci y of l!:nglewood. ~. teacS in full, and pMMd en fi.nt readiniJ on the 6th cSay of 'lMS. P\.011 as a 8i 11 foe ., ordin.nce en the 8th di!Y of Jl.lna, 1988 • • I . • - ( • • , . • PURCHASE AND PERFORMANCE AGREEMENT RECEIVED FROM JWM PROPERTIES, INC., Purchaser, the sum of Ten Dollars ($10} plus the sum determined by appraisal, the balance to be delivered at closing pursuant to purchase money note . Purchaser shall execute the purchase money note Exhibit "A" after the purchase price is determined. The purchase money note payable to Seller shall be secured by a first deed of trust superior to all other interests. Purchaser shall obtain the necessary releases and subordination as is necessary. The note shall be signed in blanK and delivered to the third appraiser, or other person by mutual agree ent, who shall fill in the sum determined by appraisal and d liver said note to Seller • Purchaser hereby purchases the following described real estate situate in the County of Arapahoe, State of Colorado, to wit: See Exhib1t "B .. wi h all easements and righ s of way appurt nant th reto, all improv men s hereon and all 1x ur s of a perman nt n tur curr ntly on the pre is s 1n h ir pr en condi ion Known as the Kin9 Sooper ite, which property Purch ser agre s to purchas upon h following t rms nd condi ions: TITLE MAY BE DELIVERED IN THE NAME OF 0800 CORPORATIO • I . • • • 2. Personal Property and Improvements: Other than by Ground Lease, Seller does not claim any direct interest in personal property on the premises. Seller, by Quit Claim Deed, shall convey i ts interest, if any, subject to all taxes, liens and encumbrances. Improvements of a permanent nature are conveyed but absolutely no warranty is made as to ownership or con struction, condition, or in any other regard. All property is conveyed as is and Purchaser is estopped to assert any claim against City for condition of property, both real and personal or mixed real and personal. 3. A cur rent commitment for title insurance policy in an amount equ al to the purchase price, at Seller's option and expen se , shall be furnished the Purchaser on or before JULY 1, 1988. Seller will deliver the title insurance policy to Purchase r after closing and pay the premium thereon. If the purcha se price is not immediately available, then the Seller shall purchase a policy f or the lowest amount stated in the attached note . THE AMOUNT OF THE FINAL TITLE POLICY WILL BE THE F INALLY DETERMINED PURCHASE PRI CE . 4 . Ti le shall be merchantable in the Seller and subject to all liens, encumbrances, taxes, leases , notes, de ds of trust, or oth r instruments of interest. Seller shall execute and deliver a good and sufficient speci 1 warranty deed to said Purchas er WITHIN 10 DAYS AFTER EFFECTIVE DATE OF ORDINANCE APPROVING THIS SALE or, by mutual agreement, at an earlier date, conveying said property subject to all taxes, subj ct to all liens for ap cial improvem nta or for other purposes now installed, wh her a sessed or not, subjec to 11 liens and encu ranees, and subj c to all as m nts, building and zoning r gulations, and r atrictive cov nants of record or oth rw~s aff c ing h prop r y. FHA 1110r gag a.ny, or any • •• • • AN EXTENSION OF THE PURCHASER'S REQU IRED PERFORMANCE FOR CONSTRUCTION FOR TIME DURING WHICH APPROVAL WAS UNREASONABLY WITH HELD . Failure to meet the foregoing deadlines shall be a breac h of the purchase conditions and subject to Purchaser's defau lt under the note AND AT SELLER'S OPTION ACCELERATE all sums due under said note and deed of trust given hereby. 8. Purchaser shall pay to the Englewood Urban Renewal Authority THE SUM OF TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000) due in 84CV750, Division 4, Arapahoe County District Court. EURA WILL PROSECUTE THE APPEAL OF THE TRIAL COURT DECISION, AND PURCHASER AGREES TO PAY ANY REDUCTION IN THE AMOUNT PAID IN SAID ACTION FIRST TO LEGAL FEES 'l'HEN THE BALANCE TO THE DEVE LO PER UP TO TWENTY THOUSAND DOLLARS ($20,000). 9 .. The hour and place of closing shall be as designated by mutual agreement . I f not by mut ual agreement, then by Seller. 10 . Possession of premises s hall be delivered to on date of closing subject to all leases or tenanc ies. hereby represents that it has not l eased any portion of property except as found of record . Purchaser Seller the 11. Ti e is of the essence hereof, and if any pay.ent or any other condition hereof is not made, tend red or p rfor .. d as herein provided, there shall be the following reaediea. In th v nt a paym nt or any other condition hereof is not aade, tendered or perfor d by Purchaser, then Seller .. y r quir p r!oraance, including by action for specific perfor .. nce or .. y el c remedy including foreclosure of property, if 1 9al r 9 o do so xiata. In th even that Seller fails to perfor any cond on her of as provided her in, tl\ n Purcha r y, a 1 c ton, r the con ract •• eraina d, and all pa n a her und r ahall b r urn d to Purchaa r; provid d, h Pure • elec ion, r this con r c •• ull ore wi h h ri9h e ion p rfor • • - • • Date ..;.·----------- 3400 5. Elati Street Englewood, Colorado 80110 761-1140 , • • • CITY OF ENGLEWOOD, Seller By_~------~----~------ Attest: I • -• • • PROMISSORY NOTE ----------------~----u.s. 1988 FOR VALUE RECEIVED, the undersigned ("Malter") hereby promises to pay to the order of the CITY OF ENGLEWOOD at 3400 S. Elati Street, Englewood, Colorado 80110, or, at the option of the holder hereof, at such other place as the holder shall designate in writing, the principal sum of NOT LESS THAN SIX HUNDRED TWENTY-FOUR THOUSAND DOLLARS ($624,000) AND NOT MORE THAN ONE MILLION SIX HUNDRED SIXTY-THREE THOUSAND DOLLARS ($1,663,000)in lawful money of the United States, in thirty-two (32) quarterly installments each in the amount of six percent (6~) of original principal amount or Twenty-one Thousand Eight Hundred Fifty Dollars ($21,850), whichever is less, coamencing September 1, 1988 and continuing on the first day of each calendar quarter thereafter through July 1, 1996, at which time the entire unpaid principal balance and accrued interest shall be due and payable in full until the principal is determined by appraisal maker sh all pay th sum of (Twenty-one Thou sa nd Eight Hundred Fifty Dollars ($21,850) per quarter. Upon the failure of Malter to m ke any payment of principal or interest required by this Promissory Note to be made when due, the entire unpaid principal amount her of, together with all accrued in res , shall beco immediat ly due and payable without notic or demand and the principal amount and accrued in er s shall bear interes at the rate of SIX PERCENT (6J) per annum OV R PRIM un il paid. hold r ev n a ,., , ,"r I . -• • • ance of the covenants contained herein, jointly and severally waive diligence, presentment, protest, and demand, and also notice of protest, dishonor, and maturity; and consent to any and all renewals, extensions or modifications of the teras of this Promissory Note dated ----. ---, 1988 payable to City of Englewood. Promissory Note, including time for payment and further agree that any such renewal, extrension, modificatiion of the terms of the Promissory Note shall not affect the liability of any of said parties for the indebtedness evidenced by this Promissory Note; and any such renewals, extensions or modifications may be made without notice to any of said parties. This Promissory Note shall be construed in accordance with the laws of the State of Colorado and is secured by a Deed of Trust encumbering real property located in Arapahoe County, Colorado. JWM PROPERTIES, INC. By----~~~----_,~·=·r.r.~~ President 0800 CORPORATION, a Colorado corporation I . I • • • .. ,.1 :··: ...... "·. ~··~ " . ":,.··· ',.·~. ~ . . ~ .. __ .. , :.:·;::. ·:. ·:~ ::·;~. ·~ .. ;: ~· .!!; .::~ .:;~~ ~::~... . ; , . ;:. ? ;,: ·::~ ~~.:::,H,:i_~,:·.: 41 lltot of tho 4th Prlllclpd lltrl4hn, toauher vUh tho lut l/1 of Vocattd Alloy .. Jolnlna that port ef uu Lot U 111 tho lloot, toaothor vlth that port of ••cato4 FloJ4 A•oavo CforworlJ WVI\ u C:roonwo4 bonwo) o4Jolalne uu Lot U •• tho .. rth, ell ~el•a Mfl partlcwlorl7 4oocrlh4 •• ftllevas COHHDICINC: at • ,.lnt 117.7 fan Iouth ad SO .O fan lloot of tho .. rthout urnor ef tho U 1/4 Ill 1/4 of ooU loctl .. )4, vhlch ,.Itt 1e tho latn- ooctha of tho Iouth llno of floy4 bonuo Cforworlr bova •• C:rooa ..... Avo nu o) vlthln tho lion llao of S.uth lro .. •oJI t henc e So uth lt'40' lloot 1 4hunco of Ul hot te tho loot Uao of South Acou Stru t; tho nc o South ti on a uU loot Uno "· U ho t; thonca North lt'40' toot a 41otanco or Ul hot to tho Voat u .. or South l:oa4,..y: t onc t .. rth a lon e u l4 lloot Uno U.U hot to tho hlat of ltllMIIIJ, TOGETI!U vi tl't tilt £ut 1/Z of ucattd South Acaa. Strttt odjolnl119 Slid Parcel on tht Wtst, County of Arapallot, State cr Colorado. ·,.. Pa rcel of lu•4 tlt ... to4 In tho Sl 1/4 of tho $11 l/4 of Soctlon )4, ToWfts~lp 4 Sout~. la"ao 41 ~olt of tbo Sl•th Principal lltrl4lon , 4oscrl~•• u follow•. • • • -• • • UJU'l r.L.V~C:.L.l...a.c:::. ..L.U\..o Ap~il 25, 1988 3. 4. 5. Purchase Purchaser shall agree to purchase the Premises from Seller for an amount equal to value as defined in paragraph 2 above payable Ten Dollars ($10.00) at closing with Purchaser ex- ecuting a purchase money note "Note" secured by Deed of Trust for the principal balance. Said Deed of Trust shall have priority before and over any other claim. Said Note is to bear no interest and is to be non-recourse with the land being its sole security. The Note is to be due and payable in thirty-two (32) consecutive quarterly installments equal to the lesser of six percent (6\) per annum of the purchase price, or $85,000 per annum with the remaining principal balance being due and payable eight (8) years from closing. The payments are to commence on June 1, 1988, and shall be paid in advance quarterly; with all payments to be applied to the Note. Seller to provide title insurance to Buyer in the a•ount of the purchase price. Extension Purchaser aay extend the Note for an additional two years by paying interest at a rate ot the priae rate as established by The Wall street Journal plus one percent (lt) plus quar- terly principal payments equal to six percent (6\) ot the then FMV to be reestablished in an appraisal utilizing the technique outlined in paragraph 2 above. The Note balance will be amended to qual the new FHV less any payments pre- viously paid as outlined in paragraph 3. Rent Payment in the ••ount of All rent due in accordance with the teras ot tht:original $20,883, Ground Lease, troa September l, 1987, to the da e ot accep-~,__ t nee of this proposal by Seller and Purchaser, will be paid ()' by Purchaser within twenty-four (24) hours ot proposal ac- ceptance. This r nt includes the requir d advance paya nt tor the second qu rter of 1988. 6. Pa s t R n 7. •• Seller will torqiv ll p s due nd curran rent du hrough Augua 31, 1987. on • en I . • • . . • JWM Properties Inc . .J • April 2s, 1988 ) 9. Conditions Th1s offer is subject to and conditioned upon Purchaser and Englewood Urban Renewal Authority executing an agreeaent !or procedure in the appeal of case No. 84CV750, Division 4, Arapahoe District Court, Colorado. A copy of this agreeaent is to be included as an Exhibit to the Agreeaent between the Seller and Purchaser. As we have discussed, this draft proposal sets forth certain positions on issues related to the Ground Lease for the property under King Soopers. By the signatures below, the City of Engle- wood and JWM Properties, Inc. acknowledge agreeaent on this draft proposal. Both parties also acknowledge that the draft proposals expressed in this Agreeaent aust be incorporated into a legally binding docuaent and foraally approved by the respective parties. If you find this draft proposal acceptable, please so indicate by having a representative of the Purchaser execute below. Sincerely, /)~!tJ;d(avY­(_J.;y ccown City nager JWM Properties, Inc. _,, Approved this /(·-day of _.,At:..;..a...Aa(~------• 1911. I • • City of Englewood April 25, 1988 Mr. John Martin JWM Properties, Inc. 8201 Preston Road Suite 300 ~allas, Texas 75225 Dear John: ,. • • • 3400 S . Elali Street Englewood. Color•do 80110 Phone (303) 761·1140 ·~AATMENT Of CONMUNfT.'I DEVELOPMENT ~lr~nnn ~nono•nn !AAY 13 1988 In response to JWM Properties, Inc.'s April 19, 1988, proposal, the City of Englewood hereby offers the following revised pro- posal for the purchase of approximately 118,000 square feet of 1 nd upon that portion of Trolley Square occupied by the King Soopers, P oples Cleaners and coast to Coast Hardware and being that tract is subject to that certain lease executed by the City of Englewood and s. Bud Brady dated April 24, 1984. c---1. Definition or its •ssigns, ~ The "Pr aise " consist ot the 1 nd only an not the con- 2. strue ed improv menta. JWM Properties, Inc. is "Purchaser" and he Ci y of Englewood is "Seller." "Ground Le s " is ha cer in 1 as betw en City ot Englewood and s. Bud Bra- dy d d A ril 24, 1984. .. ; ! : ,: I . • • .. PURCHASE AND PERFORMANCE AGREEMENT ----------~------------· 1988 RECEIVED FROM JWM PROPERTIES, INC ., Purchaser, the sum of Ten Dollars ($10) as earnest money and part payment for the purchase of the following described real estate situate in the County of Arapahoe, State of Colorado, to wit: See Exhibit "B" with all easements and rights of way appurtenant thereto, all improvements thereon and 11 fixtures of a permanent nature currently on the premises in their present condition known aa the King Sooper site, which property Purchaser agrees to purchase upon the following erm. and conditions: TITLE MAY BE DELIVER D IN THE NAME OF 0800 CORPORATION. sh 11 b a sum not 1 -1 - d uae •• a City o l, I • • • 2. Personal Property and Improvements: Other than by Ground Lease, Seller does not claim any direct interest in personal property on the premises. Seller, by Dill of Sale, shall convey its interest, if any, in the personal property subject to all taxes, liens and encumbrances . Improvements of a permanent nature are conveyed but absolutely no warranty is made as to ownership or construction, condition, or in any other regard. All personal property is conveyed as is and Purchaser is estopped to assert any claim against City for condition of property, both real and personal or mixed real and personal. 3. A current commitment for title insurance policy in an amount equal to the purchase price, at Seller's option and expense, shall be furnished the Purchaser on or before July 1, 1988. Seller will deliver the title insurance policy to Purchaser after closing and pay the premium thereon . If the purchase price is not immediately available, then the Seller shall purchase a policy for the lowest amount stated in the attached note. The amount of the final title policy will be the finally determined purchase price. merchantable in the Seller and subject r nces, axes, leases, notes, deeds of trust, of r cord. Seller shall execute and deliver sp cial warranty deed to said Purchaser ff ct1ve date of ordinance approving this nt, at an earlier date, conveying said xes, subject to all liens for special r purposes nov installed, whether to all liens and encumbrances, and , building and zoning regulations, and r cord or oth rwis aff cting the I - • • • • have an extension of Purchaser's required performance for construction for time during which approval was unreasonably withheld or delayed. Failure to meet the foregoing deadlines shall be a breach of the purchase conditions and subject to Purchaser's default under the note and at Seller's option accelerate all sums due under said note and deed of trust given hereby. 8. Purchaser shall pay to the Englewood Urban Renewal Authority the sum of Two Hundred Fifty Thousand Dollars ($250,000) due in 84CV7SO, Division 4, Arapahoe County District Court. EURA will prosecute the appeal of the trial court decision, and Purchaser agrees to pay any reduction in the amount paid in said action first to legal fees up to Twenty Thousand Dollars ($20,000) then the balance to Purchaser. 9. The obligations of Purchaser hereunder shall be conditioned upon Purchaser receiving from the Englewood Urban Renewal Authority a mutually acceptable consent to assignment and assumption of the 11/2/83 Agreement for Disposition and Redevelopment between the Authority and Brady Development Corporation and s. Bud Brady. 10. The hour and place of closing shall be as designated by mutual agreement. If not by mutual agreement, then by Seller. 11. Pos session of premises shall be delivered to Purchaser on date of closing subject to all leases or tenancies. Seller hereby represents that it has not leased any portion of the property except as found of record. •• or aay right to any at ita nta aad th in e I • • -·• • • 14. If this proposal is accepted by Seller in writing on or before , 1988, this instrument shall become a contract~b~e~t~w~e~e~n~~s~eTl~l~e~r~a~n~d Purchaser and shall inure to the benefit of the heirs, successors and assigns of such parties. Date Date -------------------------- JWM PROPERTIES, INC., Purchaser By __________________________ __ CITY OF ENGLEWOOD, Seller By ______________________ ____ At teat: 3400 S. Elati Street Englewood, Colorado 80110 761-1140 I • • • • • EXHIBIT "A" PROMISSORY NOTE --·----------.u.s. ----·----------1988 FOR VALUE RECEIVED, the undersigned ("Maker") hereby promises to pay to the order of the CITY OF ENGLEWOOD at 3400 s. Elati Street, Englewood, Colorado 80110, or, at the option of the holder hereof, at such other place as the holder shall designate in writing, the principal sum of not less than Six Hundred Twenty-four Thousand Dollars ($624,000) and not more than One Million Six Hundred Sixty-three Thousand Dollars ($1,663,000) in lawful money of the United States, in thirty-two (32) quarterly installments each in the amount of six percent (6l) of original principal amount or Twenty-one Thousand Eight Hundred Fifty Dollars ($21,850), whichever is less, commencing September 1, 1988 and continuing on the first day of each calendar quarter thereafter through July 1, 1996, at which time the entire unpaid principal balance and accrued interest shall be due and payable in full. Until the principal is determined by appraisal maker shall pay the sum of (Twenty-one Thousand Eight Hundred Fifty Dollars ($21,850) per quart r. The principal amount of this note shall be subject to adjust.enta in accordance with the Purchase and Performance Agreement between City of Engl wood and JWM Properties, Inc. If the principal amount is adjusted, the quarterly payments shall be adequate so that the principal amount and interest is amortized over 32 equal quarterly payments. Upon th failure of M ker to make -1 - I . - • • • • Right to Cure: Maker shall have the right to cure any default hereunder within 10 days following written notice thereof. Maker, endorsers, guarantors, sureties, accommodation parties and all other persons liable for all or any part of the indebtedness evidenced by this Promissory Note, or the perform- ance of the covenants contained herein, jointly and severally waive diligence, presentment, protest, and demand, and also notice of protest, dishonor, and maturity; and consent to any and all renewals, extensions or .adifications of the terms of this Promissory Note dated . _____ ---, 1988 payable to City of Englewood, including time for pay.ent, and further agree that any such renewal, extension, modificatiion of the teras of the Promissory Note shall not affect the liability of any of said parties for the indebtedness evidenced by this Proaissory Note; and any such renewals, extensions or .adifications aay be aade without notice to any of said parties. This Proeissory Note shall be construed in accordance with the laws of the State of Colorado and is secured by a Deed of Trust encuabering real property located in Arapahoe County, Colorado. JMM PROPERTIES, INC. 0800 CORPORATION, a Colorado corporation By Prealdent I . ...... .... : :;: · .. t .: .:_:· .· .. · ... ooO '" .· ;~.: ... :·· .. • • • .. . . . :·· · ... ~ ·. .. "~ . oo, \~-~.·;.·-,.:> A tract of lan4 hlna port of Lot U, lloclt I, IOIIXAifVT AllolTlOI, 104 port of tho U l/4 SV l/4 of Stctlu l', To..,.ohlp 4 S...th, laaao 61 llut of tho 6th Principal Horl4hn, toaothor vlth tho Loot 1/Z .. .. j oOO ........ . '" . . .. 0 00. 0. < ·.;t'' . ": ...... • 0 •' '. : of Vuuod Alloy dJolnlna that pore of uU L..t U oa tho lloot, coaothor "lth that part or ••uu4 Flo,4 A•o-Uonorly ...._..,. •• Crunvoo4 A .. nuo) dJolal"l ul4 Lot U M t ... lorth, all lletaa • .. portlculorly ..... n •• 00 rou .... r CCIOCDICliC ot a ,.lnt 117,7 hot lout II o~ SOoO hot Voot or tho .. rthoaot cerau of tho Sl l/4 SV 1/4 of oaU hctloa )6, vhlch ,.lat lo tho latn- ooctloa of tho lo11th llM of no,. A"'aooo Uoraorl, .._ oo Crooa,.... A .. nuo) "lthln tho lloot Uao of S.uth lrod"'FI thuco South lt'40' !loot a •htoeca of Ul hot to tho !ut Uao of South Acou Strut; thuco South al 0t1a taU Loot Uaa 66oU foot: t honct llerth lt'40' hot a 4htonco of JU hot to tho Voot Uu of Soutll l:oo.,..y: thaaco •rth atua ut4 lloot llne 66 oU hot to ll•• hlat of loalwllaa, l0C£TKU wit h the East 1/2 or vacattd Soul Acoaa Strut adJ oining sa id hrcel on the West, County or Arap•hot, State or Colorado. .0 ·,_ Porcol of ln4 ott ... ••• In tho st l/4 of t Sll l/4 of Socttio,. )4, T-ohlp ' Sovth, laft&o U l.lut of <ha Slnll h1ftclpo1 Merl4loft, 4oscr1~•• •• followt : . ,, ., e( llut rtop4 ........ 0 • s.. ..... , !: ·.··~. ·· .. : .:·::~;·;~ l . :#<:._ ~ .. · ...... ······. ··'.I , I • • - • DATE Ha y 31, 1988 INITIATED BY ACTION PROPOSED • • • C 0 U N C I L C 0 M M U N I C A T I 0 N AGENDA ITEM 1 1 : . SUBJECT 198 7 Bu dge t am e ndm ents · Golf Co urse Fund , and Special Asse ssment Fund s Harg ret L. Freeman, Acting Di r ec t or of Fi na ne Approve a resolution amen d ing the 1987 budget of Colf Cours Fund, Sp cial Ass ssaent Fund and Special Assess nt Construction Fund . IIA CitCilOUND Th final audi and financial report for fiscal y ar ndin& Dec mber 31 , 1987 has b een completed In order or th 1987 financial report to be in 1 gal compliance, t hre funds requir 1987 bud t am nda n 1 . The bud&et ama nda nts do not require the allocation o any w fundi and do no adversely i•pact any of th hr e funds . ln Th d to r t 8 I . • • • FINANCIAL No material financial effect or new or additional funds required for any of the 1987 budget amendments . RECOMMENDATION Approv resolution amending 1987 budget of Golf Course Fund, Spe cial Assessment Fund and Special Assessment Construction Fund . • - • RESOLUTION NO. ~ Series of 1988 A RESOLUTION AMENDING THE 1987 BUDGET . • • • 1/.f WHEREAS, the City Council of the City of Englewood, Colorado, desires to make certain changes to the 1987 Budget ; 'OIJ, THEREFORE, BE 1T RESOLVED, by the City Council of the City of Englewood , Colorado, as follows : s her by ad following change in source and application of funds is Course Fund: !a lance Application of Funds Golf Coura Adalniatration h r b nt • Fund Balanc 0 bt S rvlc r by • t r - • • • • l, Patricia H. Crow, City Clerk 0 f the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No . Series of 1988. Patricia H. Crow I . -• • • C 0 U N C I L C 0 K K U N I C A T I 0 N DATE AGENDA ITEM SUaJ!CT Ka y 31, 1988 Adoption of ICKA Retirement Trus t INITIATED liT Marga r et L. Freema n , Acting Di r ector o f Fi anc e ACTION PB O ~S!D App rove a resolu tion ado p tin g the ICKA Re tir ment Trust a nd appointing th ICKA R tirement Corporation as Truste for inv stm nt of City of Engl wood ICHA funds . IIA Cl Cl OUND Th City o En 1 wood has est blish d and curr ntly p articipates in several ICMA da rred coap nsation and aon y purchaa plans provided for eaploye s . Theae plans are a 457 d f rred comp n1atlon plan, a aon y purcha1a p lan or n w hire ollc o • fleers, a aon y purch se plan for depar aant h ads and a aoney purcha1 plan or •id·aana r, 1up rvhor and confld. ntial aploye 1 . Th City wu no lfied on April 25 , 1 b y h I letir nt Corpora ion, ha th City ia n r quired to adop t I lr n Trult ...... • • • FINANCIAL The adoption of the ICMA Retirement Trust has no financial impact and represents no additional costs to the City . The levels of contribution will remain at the present rates and there are no administrative costs required . R!COKKENDATIOJ In order to provide all investment options available to participant employees, recommend the approval of the resolution adoptin& the ICKA Retire .. nt Trust and ap- pointin& the ICMA Retirement Corporation as Trustee . I . - RESOLUTION NO . Series of 1988 • • • A RESOLUTION ADOPTING THE ICMA RETIREMENT TRUST AND APPOINTING THE ICMA RETIREMENT CORPORATION AS TRUSTEE FOR INVESTMENT OF ICMA FUNDS. WHEREAS, the City of Englewood has established and adopted deferred compensation and 1a0ney purchase plans to provide a retirement prograa benefit for its employees; WHEREAS, the City Council of the City of Englewood, Colorado, has previously approv d that its Money Purchase and Deferred Compensation Plans be administer d b the ICMA Retirement Corporation; and WHEREAS, th Ci y Council of the City of Englewood, Colorado, desires that the investment of funds held under its deferred compensation and mon y purchase plans be administered by th ICMA R tireaent Corporation, as Trustee, with th understanding that such funds will b held by the ICMA Retirement Trust , a trust establish d by public employers for th purpose of representing th interest of such employ rs with respect to the collectiv investaen of funds held und r th ir deferred compensation and mon y purchas plans ; NOW, THEREFORE, BE IT RESOLVED , by th City Council of th City of Englewood, Colorado , as follows : Trust, at ach Truste AlT T : Th City to a App ood h r by ex cutes th lCMA & ireaent • • • • I , Patricia H. Crow, City Clerk of the City of Englewood, Colorado, do h reby certify that the above and foregoing is a true, accurate and complete copy of Resolu tion No . Series of 1988. Patricia H. Crow • I • • •' • APPENDIX A DECLARATION OF TRUST OF ICMA RETIREMENT TRUST MI'ICLI I. NAill AND OIJ'INITIONS Section,,, .....,., The Name rl ,.,.,.,. as-"'*' and..-'*ebr os the ICMot. Rel ·,...,."'l ltwc lectiool , .2 Detlftlliofta: .,.._....,.lot uMO ,.,.,n lNI -ng- (o) Ret .,_ 111111 The 11.,. ~ 1>,1 1M O.CiarMo<>n a1111111 (P) 1UII p,_.,y The_,.......,"' .... Rei r-lrutl on-al lNI P..oic Emc>l.,.-s'" eonnao.on ~~Plano'"" on-"" a1,.,. PublocE"""-11-torlhe ,.De,... aiE~pu-ICOua Mel ,...,.. lht 1rut1 "'-Y .-"" oncome -.ng ttOI",.,. ,....., mer< allNI-- ( 11-The P..oc £""""-._a"' ICMot.!RC-.... ..,.., 1>1 ,.,. Pubic E~., _.,.."-al""' loara 0! 'It "-r1 t'le R., • .,.,. ... 11utt AtniCLI l . CIIU'nOM UIO NIIPOSI OF TM1 TJWIT, OMCitSMII' OFT_,.T~ I . -• • - ··--------------------------------------------------------------------------------------------------------- (D) "' trte t ·st e«t on o1 T!ustees three T!ustees shall be elec1ed tor 1 to rm c:J 1 ret )'e.a's tH lrus•ees ~~~~be etecteo tor 1 term of two years and tt\ree hsrees sn. Df' e'«:teo tor 1 term r:J Ol"'e' ~~ -.. each subMQuerc -.ct-on rft T'l..S1HS Sl'\aJI oe e ectec tor a term o1 three ~Irs ana urcll s or hef sutCHSOf '' eiec:ted and ouaM.eo Section J .J NomifiMiona: Tho lrUSIHS who 110 tultmo ~ ol PuDIC EmpiO)-ers shall serve as me Norn.no!•ng C....,_ 1o1 thO PUbic Employee T!""eos The Nomon&•ng Com.,._-c:ncx.e Q~ tor PucJic Empq. l'vstees '" accor011.nce -t1"' the proc.eourn tel ton '"the By LMs Section J .• lllnltnetion .... ....,_.., (I ) ~"'' Tr •stee may resgn •• lrustoo (wlthOul ,_., tor PilOt or oubleq\le!'ll accou ru-.g) by an fMttu-nef'll •n w rtt•"Q ~o~gnea bV tne Trv ... and oet•...-eo 10 the Qlt1er l'ustoos 1"" ...:TI rn.gn& on st"..wl De o!lec1•'" upon iUd" <IIi,.,.,, or 1 a tater a.1to .ccoro ng 10 t!'le tetms at tne ,,..,~ Any Of h lru....a ,. 11 oe ro"'\IM!C tor QuM t>y 1 ,..,. ol 1 maprty al me Pu bic E ~ (DI Ea::!' "~blc E"'P'O!ft Tlu-S".alt res.gn M or hOf I)Ollto<>n H 1i u- ,. "~'"~ e~ay~otl"ota.on....,,.,.or ,.,....IObeiU·wne~ ol a P.DIC El'lp.oyer Section 3.5 V.C...ciH: Tho ... "' (~ occep! and _,n tor sucn t.me as they may Cloem ldVIUDio If!)' secun- hes or ott\ef propeny rec-~...eo or acou•r ed Df tnem IS \-'ustees t'lefNnaer. -or net sucn o«:urnoes or omer P'OI*IY WOYit:l """"-"Y be~ u ·~ het'eundlt'. (g ) cause of!)' secure-eo or -P'OI*IY ne1<1 as pan ol tho lluot P•OC*!Y 10 be reg.-on tho name al thO "-to-lrvst or m thO name a1 1 nomo· ,_ and 10 hold If!)' .....,,_ on bure< IOrm b<.4 thO -and rcorc11 althOTr.--• ,,_onowttoalaiiiUCII,__a,.apanal thO lrUII "'-Y. (to),_ ...cule. ec~ I nc! Olio* I f!)' and II CIOC..,....al ,..,.,.. .., and~nceandlf!)'andall -tnllrumorlSIIOal may oe- or """"""'-10 c:.orry o.A thO _.. ,...n 11'11..0 (i)-Ullllf\OJ'r -.:ll-or--.-go411ef*81 or.,...._ or_.. alaiiOJn.y Willi or wrlt'OUI-ai-Uion ....,.. of!)' cor> --..on pnvolegel sut>ocrtOCon rogtrll or ..,., ""'"""' and -any - me onc>do<UI -CXlCIOM or c.,_.. 10 or -pe~>e-"' eorpor-,...,~ ona or -ctol"'lft t!IKt 'OQ corpor• -=-and oeoegMt o .,.,,..,.,I PCMr~ ana pay I f!)' •-or ctoorgos "' con- ,.,oen-ana gene. _..,.. •"'' althO_.. o1 an .,._ 10 -.:1<1 llonCit MCur es or ...,.. prape<l) nekl as pe~ o1 thO ~• "'-Y _. '""'cororacs or tllt onger>O.,.. tor goac11 or-reou...a n con- N 000'1'""' al r.o ~ ._... uc nc o..o ng bul ..,.. ~ tacta iOf tr~e prow d &OMf'\.S:.-r-...e I • lectiofl •. 2 Diatrtllutiofl of ..... .........,, Oollrobuloons a the ..... Prop. e"r ohall De mAot lo 0! on beNH a . me Pullloc E~ 0< Putlltc E~ -on .a:oraance """' !he-a !he O.necl ~·on Plans. '-'"*'Pions"' EmpiOjer '"tUSII The Tr-Clllhe Ret"eme"' -.USiot\11 ..e lulr pr-rn melung _.,.. rn KCO<cance ..., !he dolec:lrarc ol hPI.Ciic E~Pulllc E~ '"t-0<-"'-alb~ ,..,.. wti>OUI_.,,,.ng _...,__...,. rn~ ...,.,. """'""""'a~neDirlonwa~"'~"*' .,,. __ Crul•ng-E~ '"tUSII ledillft •. 1 ~ .. .....,_.,.., The .._ _,. un111wnouory ~--any one or more Cllthll'"t-10 ....:.Many ... ,ument a< Clacu· ,_ on...,.ftol onetu~ng o..~ noi-IO!he argrong orar-Mmonl cr1 any CfleCl< a'111,.,. aogr>ng a a"l' aoplcllron& ._..nee ana -con- lfao& a..o !he adon ol IUCfl _g_, ,_a<,_-,_ the u .... toroa a nOtllllelas~-bt' thll1i- ARTICU V. OUT'I' Of' CA. ANO UA81UTY Of: TMISTUS ledlllftl. t Dolly .. c-: In -• ng 1ne _.--.granted 10 !hill..-..,., __ '*"""' -,~....,.,., ... the .-p.r-(II "'"".()ng ~lorN P..cioe E~ tnconnec ...,.. _, ~ Piers ai"IO Pubic E~ 1-"""'*" 10 O..a 1.0 Plano &'Ia panorm ...en IJCII the .... "'".,.,.,. a..: o -;e...:e .~ r-c .. :.-..-A"'Cft tf'1r\ ~-.;"--a pri.IOWC prson aa- .n • .. ta:lK~ ·~ lo:Ud' mdrl-ou6CI ""' "' lf"e coro.ct rJ a ~e-..• Mala - • • • ARTtCU VI . ANNUAL IEPOfn TO SHAMHOI..DPII The Tr.-.-annualy ..-.rl 10 1he Pubic E~ ano Pubic Empl- .._ a--..... lrarUCI ..... ollhll ""'-..... rc:ludrng ,,.,. .,... -...._-lie cenr~rec~ bt' rndapenclenii)Ullloc ~eN> -bt'lhll1i- ARTtCU 1111 . DURATION OR~ Of'_,.,..., TMIIT ...... 7.1 ........... , APublc:E~a<PulllcEITII)IOj9rltuMe_,. • any--t.am 1hrs Ret.-1USI bt' delo-ng 10 the Board ol ,_a--(II-In IUCfl --!he PuiJic E~ a< PuiJic E~ lt--a<'.-clge lt\a! me 'lUll Pro!> eny .....-10 !he PuiJic E~ • .,..,_ k~ c""""'r>Ut •on - bt-~ olouct\ Pulllc E~ P~AU~~nl 10 t11 De4er ~a Cornoer>U ...,.. ,._, ar t.am coni'*"--10 !he aocounll ol E"""'-' pv1$..anl 10 a Clull'aG,.., --~ ........................ 10.....,...., prcoar"ly -be,_ bt' Nlt-ollhll Ret_, lUSI a< bt'..,. Truotae oitheE~...,_ lecliell 7.1 .........,_, The.,._,.. ltUSI-con1 nue ..,... .. ,..,_a bt-lhl!.-r:J a "-"Y ol lhll PuiJic E~ aad"t CMI ng one ..,. Upon .......,..""" a thll 'tuc PrCJPell¥ 1t111 lie pa.<~ OU! 10 lhll Putlltc E"'l>iore~ 1'\.c>k e,_ '-"'!he'-al theE~ 't..a as aoi>'QPI- Iectlell 7.1 loll• .... nt: The Floi-11UIItne~ lie-1>1 the..,.. (II a .._ y ol N Pulllc E"''JJCCI*S _, CM1 ng orw ..,. lecliell7 ........... : Aresoi<.e -oniO_O<_...,r>oRet...-.. ...,_O<IO_a,._ be...,.,_'laCI IO a ..,..CIIt'"le"..o<E-.c>:>,or> • 1 a,.,.p ;r:JN't-ooo-...:t a< I apar •onreoAt~--;a vct argNC bt' nol -(II .... l'lb< [I" 0.0'"'...0 10 .... .. _ -• • ,. • APPENDIX B TRUST AGREEMENT WITH THE ICMA RETIREMENT CORPORATION aa.l..-rT -tlrenc-NE......,._"'h~­ IUioon enG"_..,., Oly ""''_....,. -""',_.....,....Corpor a liOn ~-the.,._ 01 1W-Corpcnt()l") I -alii COI'pOII llan~--.o-.. --..... o--.. ...... ...._ al •-.na...,-a-.n;.,. "--Ml -llr E~ on .,.,.,_.,_,_~-... ----·~711 .,._.......,.c-ar-(1"4-c-1 n.o~ -~~~oa wPO"~._I>th -~~· brNE . .._,_ .... .....,._ -annully and ............. POiC4I ~ l ncl ...... ...-.::. at ·--.. --~commonOtgtOUPifuiiVG. 01 -~-and -.rc yo-Ill lunol (onduOo"Q IQUil~ f . ..a ii'COITie) Oll>oCt> lullll-111--g<MIIiil4111_pro.ode(l __ 114["""-~-tlrhl-•"""'G--!'C --ouct\ ~-·"'-E .-.as ... cor.- •oee.r--·~ ""'----'t.-F...-Ill .....,..._Funclolllll_llr_ E~~,IOiht Alll.a 't... ~ -DtNl.-ea"\'111 'h) b rna~ eoec:Uie oc:kno.o4edge onct ,_.,.., Ofll' onct oil Clocuments cl 1111,_ onct c:or>~ey0nce onct •"I' onct ol -.,.,....,.,.. ~ m.y be ....... ry or IOIJP!Oil"Ole 10 CArry OUIIIw ~ -n 11'1'- ,ij b _.., comprom•se. or liA>mol 10 orbllr•oon 0"1' cioomo, -. or ..,__ 01 ""'ng 1oor hOlT\ !he 'tUII Fundi IOtomll'lei'C>O or- ...,."' logol or ........ , .. ~~ ondiO _ .. 'tuaflnl& rn o1 OUIIS anctlegol onct ..,..,..,.,.,. ~ngo (j b ao o1 ouct1 OCil ..,. o1 ouct1 ~ ond..,.,... o1 ouct1 "Ill* ond "'""leges ~ na1 ~Y mentooneo .,.,.,n, u lhe 'l- Ine\' -.,-10---b lrUII funGo one! 1D cerry CIUIIhe -cllh<S'IUII lectloiii.J ~"-tile 1twl ,....., TheE~ neret>r _,.. lhelr-os 11 oger&lor lhe -"' ma~ut~g-~ trom .. 'tua Func!a In lh<S leQO'CIIho-ond-.. -1'1,. "-" -"' ~ a nct cori·Oi 11'4 ..._, - ......................... , ..... , 1101-onc:e•-•cl ""' O..Saeoo~llt""''l-,. .. _ _.,....,."',. 'lull funcll -clllle 'lUll Funaa -be ..,...., ,.,..,. - • 111e -c1 --on 11'4 .on 0... or "'N oDMrCe cl rua. r aace<!Ono:>oe--uN'I---"'~ -~--""*"""~' oocMcl • • • -on occourc -...... • occOYrc -ouct1 oocourc snoll t>e ~no lly -ond lhe 't-sholl 1>o CQI'nl)lelel y "*"'"r;ecl one,_ .. ~ sucn accoura had been -onct o1c..o by o ,.,ogmerc or --c1 o coun cl ~ JUI1IdOon rn on odoon or ~ng"' ""C'C lhe ,._one! !he E~-pon ... The.._-_,. rogi'IIID OCICll)' • 0"1'-ID• coun c1 ~ ,..,.,.., lor""' )Udcool -cl. _.,.,... AIITlCU VI . IIESICINATION ANO IIDIIOYAL OF l'RUITU ........ , Ileal, .......... ,._, The ...... m.y ~ 010"1'""'" lit lol!ng ...,,. E~ 11--gnot•on Such '"'gnohon Sholl- ~ •rtty cteys hom 111e .,... 01 sucn Nong anct UllOt\ """"'remere c1 o ....,..._ _,.. 10 Sec:hon 63 ......,_ -~~~~ occur ._..... 1.1 ......_.. el ,._, The Employer moy ,.,.,.,..,. ,._ by --ng "'""' .._ o -naoce cl111 ,...,...l and on Olo....,.....,. """"",.. 10 Seeloon 63 Sucn ,.,.,.,., -na1 -~ pnor ID oortty ~hOlT\ oucti~-N 1-ogtWS ID on-~ .. .,... ...,.,.. Clio .. ..,. .. _<11 (a ., umerc ., II.CP" ....c: ....., Oncl -0' y lor lhe OCil O"'CC 01'1<1 """"el lS 11'.-.uDI on!> ( ) on OCCOIJIO'ICe "' eociAeC by sucn - DATE June 6 , 1988 INITIATED BY ACTION PllOPOSI!.D •• • • C 0 U N C I L C 0 M M U N I C A T I 0 N AGENDA ITEM City Manager SUBJECT Six-Quarter Budget for the Period April , 1988 through September , 1989 Adoption of the Six-Quarter Budget for the period April , 1988 throu h Sept mber, 1989 . aACitClO D Th PU lie lmprov m nt Fund (PlF) Six -Quart r Budg t process vas adopted in th Sua- • r of 1 73 . Th essence of th Six-Quarter budget is that th City has a continu - ln budg t which ext nd on -and -on -half y ara into th future . Every quar er, the Cit Council r vi wa and an 1 t a thla bud& t, and l[ projeeta ara d layed du to unavoldabl d opp d b ek in this budget while projecta ready to o ar d ah ad o schedule, or a n v or ncy proj- ct could DISCUSSJO I . - • • • • • By Resolution ~21 on May 2, 1988, funds for the following projects were appropriated in the second quarter, 1988 : l) Urban Renewal Authority Projects -$98,000 2) Intersection Improvements -EURA $72,000 Information on these projects has been supplied previously . 1989 CHANGES $273,197 i s appropriated in the third quarter for Paving Diatrict •33 , which was postponed from 1988 . $150,000 i s appropriat d in the third quart r in the Road & Bridge account for mis- cellaneous str t m intenanc and str et improvements . $17,000 i s appropriated in the third quarter for the lease/purchase payments on the Data Processing quipment purchased in 1987 . $50,000 is appropriated in th third quarter in the Sid walk Repair account for mis- cellaneous Ctty -r sponsibiltty concr te repairs . Basad on actual and bud&eted revenues and actual and propo1 d xpendlturet through the reaainder o th ar, the budg~t ~at the and o th year is estimated to b $89,722 .00 . R venu s and expenditures vill b watched carefully the next s veral months to 1ee if any proposed construction proj cts should b d lay d . ltECOIOt!MDATION Sine th r ar no n w cl n 1 to th resnlu ion 1 r qulr d . Th at r r o Ap 11 . 1 Coun tl r . 1 89 . cond Quar r , 198 p roprlatlons , no rov th Slx •Quar t or ertod I • • • • PIF FUND BALANCE PROJECTION AT 2 ND QTR. -1988 Fund Balance at 1 /1 /88 Plus: 1 988 rev enues V-T -D 1988 revenues 2nd -4th qtrs. (budgeted) S cond qtr. Res. •21 < ransf•r from Gwner•l Fd.> Sub t o al Less: S~oob 0 I nc a 1.,/ 1 / :562,043 1,026,9:58 1,0 4 0,:500 98,000 2 ,727 ,501 4 66,761 2 ,180 ,462 170,000 2 ,81 7 ,22 I . • • • 0 SIJt~Tt ll.Cli;£T -·· I~~ SEPT ., '"" ESI IIOATCD CT ~ HW lOT JST NOJ[C .... T£ Clli!O"T£ CUWT£1> ~IATJOM QUROT[C CUll> IE '( ""W£=r -COST J.o'l 1-1-I 1-1-19n ·----------------· ---·-------------------------··-------------·---·---- 0 0 0 0 0 0 0 0 0 0 .,,I .,,100 0 "·•oo 0 0 .,,100 0 0 0 10,000 ,000 0 10,000 0 0 30,000 0 0 0 6,)00,000 a.n7.•1'lJ 1,11», CISSl 0 0 15,000 0 0 0 125,000 I ,000 0 IZS,OOO 0 0 1.3,000 0 0 0 0 0 0 0 0 0 <S , ) 0 a 0 II .sao w.soo 0 w,soo a a ,SID 0 0 a $10,000 Ill 0 0 0 1,., 100,000 100, ·' ·''" :1,100 110,000 0 0 0 <10,0001 0 D 0 100,000 I, .1.1 lo0,6(11 11,100 0 11ft,S4 50,000 I I 1,000 0 0 0 0 0 0 0 0 m.ooo 0 a a a 0 a D 0 I <liD, 1,1 D D D 0 D D D D 0 -· D D 0 0 0 0 D D 0 I D I D • D • D D D D • • • 0 I D I • D • • D • • • • • D • • • • • • 0 I I • "· ''· I • • • • IP, • • • liP, .. • • • • • • • . • • • • • • •• '· D D • • • ••• -• • • LICENSE AGREEMENT RE: "COME BACK MY STATE OF COLORADO ss . COUNTY OF ARAPAHOE This agreement is made by and between the City of Englewood, a home rule municipal corporation located in Arapahoe County, Colorado hereinafter called "licensor," acting by and through its duly authorized officials, and Englewood Cultural Center hereinafter called "licensee," acting by and through its duly authorized officials. Whereas, licensor is the owner of certain property at South Broadway and Little Dry Creek in the City of Englewood, Colorado; and Wher as, licens e d sires to er c a sculpture on a portion of said property; Now th refore, it is gr ed as follows: 1. 2. 3 • • • gr nts unto lie nae the righ to rect a as •com Back Hy Brother" upon th ou lin d in r d on Exhibi A, attach d h r o h r in for th purpoa set forth in h a -1 - 9r • to ($10.00) due nd I . ...... • • .. licensor shall have the right to perform this maintenance, the cost of which shall be borne by licensee. Such Sculpture shall be removed from the premises immediately upon receipt of instructions from the City Manager for the removal of same . L icensee further agrees to erect and maintain the Sculpture in conformity with all rules, regulations and guidelines of the Code of the City of Englewood. Licensee shall at its own responsibil i ty and expense obtain and keep in effect all l ice nses, bonds and permits necessary for the installation and e xist e nce of the Sculpture. 5. Upon termination of this agreement, licensee agrees to immediately remove the Sculpture from the premises and to re s tore the site to its original c ondi tion. If licensee fails to exercise its duties under thi s parag raph, licensor shall have the right to remove the Sculpture and restore the premises at no cost or liability to t h e City. L icensee covenants and agree to reimburse licensor for such removal and/or restora ion. 6. Licensor shall in no way be respon ible for loss of or damage to the Sculptur or for any property belonging to or rented by l~c ns , i t s officers , servant , agents or employees which may b a ol n, d • royed or in ny way dam ged during h er c ion or m n nanc of th Sculp ure, and licen s h r by ind mnifies and holds harmle s s licensor, it s offic r s , agents, a rvants nd employ es from and again• any and all such cl ims. 7 . Lien s gr harmless and a rvan s and - agr y • • • • 8. Licensee convenants and agrees to furnish licensor with a certificate of insurance as proof that it has secured and paid for a policy of public liability insurance covering all public risks related to the use, maintenance, existence or location of the Sculpture. The amounts of such insurance shall not be less than the maximum liability which can be imposed on the City of Englewood under the laws of the State of Colorado at present, such amounts shall be as follows: Per Person Per Occurrence $150,000.00 $400,000.00 with the understanding of and agreement by licensee that such insurance amounts shall be revised upward at licensor's option and licensee will so revise such amounts within thirty (30) days following notice to licensee of such requirements. 9. This license is personal to licensee. It is nonassignable and any attempt to assign this license will terminate th license privileges granted to licensee hereunder. 10. Licens e gre s that should any action, whether real or ass rted, at law or in quity, rise out of the terms of this agr em nt, or by licen ee•a operations on the ll. IN .en pr mis s, v nu for s id action shall lie in Arapahoe County, Color do. In th to WIT SS WH hu 0 CULTU AL C he enforc .ant ot , licensor s hall be entitled a torney'a fe a. h r r iea h r e o hav x cut d th a y 0 t 19_. CITY 0 - • • • • • LEGAL DESCRIPTION INDIAN RESERVATION A circular parcel of land deacribed aa: co .. encinq at the N 1/4 Cor. Sec. 3 T. 5 s., R 68 W of the 6th P.M., Arapahoe County, Colorado: thence S 87° 30 1 40" W (baaia of bearinq beinq the N line of the NW 1/4 Sd. Sec. 3 beinq N ago 50 1 22" W) 365.34 1 to the center (Radiua pt.) of aaid parcel of land, with a diaaeter of 4.33'. Said1 parcel contain• 14.73 S.F. PK/lo Ind.Rearv 52" DIA. EASEMENT • :X )> ., 0 , , • SO. ACOMA ST • • • - • ••• 6 • Tl • I . • - • • PRESENTED BY ----- • • I . • • - • • I . • • - • • ' ~ -- ?? 4 •• ,' / $ C I -------I -•• • , . • AGEJI)A ITEM ;/ d /Z'/ v PIESOOED "' ----- ~ ~/ / _1----r ~ { J ___.--, a //cL Tit I • • , . ' • PRESENTm BY ~ v( j I . /- •• • • ..J _y ~1 '1 l J ~±=~~~~ I . - . . ' • • • I . - • • TS~I ------ . . • • • I . • • - • • J ~ ( J ( (_) ~ ~ ~ ~ '-dJ r-~, 'J -~r /J 6? AGENDA ITEM ---PRESEHTm BY ----- I • • • dar-ffn /? t//-f /P'~ r ~ /' g ' /r~~//@~><-)C AGENDA ITEM ---PRESEHTm BY ----- f ,/)) r~­ ~/--"-x (rJ- ~ ~-·ca-v ~v · h \ // /' l, )____... d.L;~ h-. \ I -• • , . • AGENDA ITEM ---PRESENTED BY J::~J.;: a!/ n . ( /' ';/ (ffJ ~ - ?-02 f/~ . / ( fly .) '---' ---=c _) -£-) Pt~wa:tt ia-tu--n (!) C-I ~ ~-J ~ td _)__j ~ ~ J_ /r~ t--u ;~ c---2 /' (~~? 9/' ~L-~ v , I • • • I • - • ,. --1 • ~, /? @~' t/ )J c:5l /' c./ c&-y ;1n. ~ .) ..; ~/·r_).J n • ---/-.-J.-.::==:t..__..:.":_A.:.+:._ __ • • • AGENDA ITEM -----PRESENTm BY I . • - • • a~/ /1/C/z; ;} / 9---t ;9 /} -/' ~ "-- 1/ 7 I . • - • • AIOIDA ITER __ ( I . • - • , . • • - • • .... AGENDA ITEM _!._}:;_ PlfSDmD IY ----- I . • - • • .... PIESEJITm IY ------- I • • . . ' • ~ AGENDA ITDI PUSDTm IY I . I • - • • --,. 1 •• - • • I --. 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