HomeMy WebLinkAbout1988-06-06 (Regular) Meeting Agenda• -
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CITY COUNCIL REGULAR MEETING -
JIME 6, 1988
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I. Call to Order
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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 .
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r Vargas
ttt
EngleWOOd City Council Minutes
June 6, 1988 -Page 2
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(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
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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
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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
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Englewood City Council Minutes
June 6, 1988 -Page 5
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(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
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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
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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
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Englewood City Council Minutes
June 6, 1988 -Page 8
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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.
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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 .
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Englewood City Council Minutes
June 6, 1988 -Page 9
Motion carried.
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(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 .
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~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.
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s tated
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Englewood City Council Rinutes
June 6, 1118 -Pate 10
(a) Rayor 's Choice
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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 ·•·
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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••
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owinCJ.
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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
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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
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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
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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
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1. Call to Order
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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
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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
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Englewood City Council Minutes
May 16, 1988 -Page 2
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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
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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
•
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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
•
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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 .
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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
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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
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(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,
•
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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
•
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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 .
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•
•
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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 .
•
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l
J
<JIDINAOCE NO .
SFlUES CF 1988--
..
•
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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 •
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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
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SECTI ON:
5-9-1:
5-9-2:
5-9-3:
5-9-4:
S-9-1:
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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
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5 -9-4
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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 .
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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
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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
•
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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
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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 .
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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
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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 .
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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
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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 .
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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).
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Declaration of Data
Page 2
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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.
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Item
No.
l.
2 .
3.
4.
5 .
6 .
1 .
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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 ___ _
·----
·----
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BID PROPOSAL
Page 2
Vehicle Wre c ker and Towing Se rvice
lt m
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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
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o r s ___ __
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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
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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
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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
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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
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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
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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.
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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.
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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
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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
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ENGLEWOOD GOLF COURSE
2101 W. Oxford Avenue
Englewood, Co. 80110
(303) 761 -0848
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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
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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:--
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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
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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.
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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
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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
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Fire Board Meeting
January 11, 1988
Page two
Pre-tax Pension Contributions
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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·•·
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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 •
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There beinq no other buaine•• for the Board, the .. etinq waa adjourned.
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PRESENT:
ABSENT:
OTHERS:
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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 .
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The hearing waa adjourned.
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PRESENT:
ABSENT:
OTHERS:
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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 .
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PRESENT:
ABSENT:
OTHERS:
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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 .
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PRESEMT:
ABSEMT:
OTHERS:
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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 .
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PRESENT:
ABSENT:
OTHERS:
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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 •
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PRESDT:
ABSDT:
OTIIDS:
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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.
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PRESENT:
ABSENT:
OTHERS:
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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
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co .. i••ioner Turner aoved and Co-.i••ioner Belt •econded that the Knoth hearing wa• adjourned.
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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·•·
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MINUTES
April 13, 1988
Page Two
CHAIRMAN'S REPORT
Board Appointaent -Status
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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 .
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Minutes
April 13, 1988
Page Three
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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
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Minutes
April 13, 1988
Page Four
,.
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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.
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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
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9 r
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(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 .
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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 .
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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
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t ts 1 hard h p, and
strf al zon s .
s • ftd noted lha
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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.
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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
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Dorothy Romans
Staff Advisor
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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 ·
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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 .
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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
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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
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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 ••
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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 .
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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
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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
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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
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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
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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 .
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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:
•
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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
. '
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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
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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
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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 •
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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
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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
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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
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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 .
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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.
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The Authority approved the new .athod of reporting the police calls for renewals .
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The .aeting ad j ourned at 8 :15 p.•.
Approved by telephone poll 5/18/88
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DATE
J un e 6 , 1988
INITIATED BY
ACTION PROPOSED
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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 .
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( RECOMMENDATION
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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 .
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OODINAOCE NO.
SERIES OF 1988--
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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, "
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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
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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)
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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,
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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
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2077103
BELLEVIEW l )tl
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b 4 t 1111
001
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r Cliff
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DATE
June 6, 1988
I NITIATED BY
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C 0 U N C I L C 0 M M U N I C A T I 0 N
AGENDA IT!M
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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
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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 .
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OODINIIOCE NO.
SElUF.S <F 1988--
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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
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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
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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:
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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
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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
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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
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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
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OROIIWCE K>. ~I
SERIES <F 198_5_
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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:
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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~
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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
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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 .
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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 •-
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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
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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~: -~'
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h ., .·
~ t} 2~),._ ;6-ifotlr ,P\JS:Cic
3400 s. El ti Street
Englewood, CO 80110
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DATE
June 2, 1988
INITIATED BY
ACTION PROPOSED
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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
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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 .
,
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CR>IIWCE t«:>.
smuES CF 1988--
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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
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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 :
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"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
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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
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<R>DWCE t«>. ~
smiES CE' 1987
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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.
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DATE
June 6, 1988
INITIATED BY
ACTION PROPOSED
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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 ;
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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
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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 •
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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 •
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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
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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
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Date ..;.·-----------
3400 5. Elati Street
Englewood, Colorado 80110
761-1140
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CITY OF ENGLEWOOD, Seller
By_~------~----~------
Attest:
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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
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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
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',.·~. ~ . . ~ .. __ .. ,
:.:·;::. ·:. ·:~ ::·;~. ·~ .. ;: ~· .!!; .::~ .:;~~ ~::~... . ; , . ;:. ? ;,: ·::~ ~~.:::,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•.
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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.
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Seller will torqiv ll p s due nd curran rent du
hrough Augua 31, 1987.
on • en
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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.
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City of Englewood
April 25, 1988
Mr. John Martin
JWM Properties, Inc.
8201 Preston Road
Suite 300
~allas, Texas 75225
Dear John:
,.
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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.
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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
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d
uae •• a
City o
l,
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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
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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
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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
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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
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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
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.. . . . :·· · ... ~ ·. .. "~ . 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 ,
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DATE
Ha y 31, 1988
INITIATED BY
ACTION PROPOSED
•
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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
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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 .
•
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RESOLUTION NO. ~
Series of 1988
A RESOLUTION AMENDING THE 1987 BUDGET .
•
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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
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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
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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
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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 .
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RESOLUTION NO .
Series of 1988
•
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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
•
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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
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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 .
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(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 .... .. _
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APPENDIX B
TRUST AGREEMENT WITH
THE ICMA RETIREMENT CORPORATION
aa.l..-rT -tlrenc-NE......,._"'h~
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AIITlCU VI . IIESICINATION ANO IIDIIOYAL OF l'RUITU
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lit lol!ng ...,,. E~ 11--gnot•on Such '"'gnohon Sholl-
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DATE
June 6 , 1988
INITIATED BY
ACTION PllOPOSI!.D
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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
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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
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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 .
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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 • • •
•••
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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 •
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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
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9r • to
($10.00) due
nd
I .
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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
•
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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
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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
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