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HomeMy WebLinkAbout1988-06-20 (Regular) Meeting Agenda- Regular City Council Meeting June 20, 1988 •• • • 0 • • • .. , /y,~ 0 • I . - 1. Call to Order • • • EN&LEIIOOO CITY COUNCIL ENGLEWOOD, ARAPAHOE COUJITY, COLORADO Regular Session June ZO, 1 !188 The regul1r ~ettng of the Englewood City Council Wls c1lled to order by M1yor V1n Dyke 1t 7:35 P·•· 2. Invocation The invocAtion WIS given by Council Ne.ber Kolt1y . 3. Pled .. of Alletiance The Pledge of AllegiAnce w1s led by Mlyor Van Dyke. 4 . 1o11 can Present : Abs nt : A quo,. wu present. Also pres nt : Council Me.bers H1th1w1y, Kolt1y, Koz1cek , HAbenicht, Cl1yton, V1n Dyke None; I VICincy WIS noted . Acting City Mln19er V1rgu City Atto~y DeWitt City Cler Crow Poltc Chief Hol s Acting Director F n, ftn nee • COUIItll SCCIOIINED, TO I F'OI - o1 y, oz c • c y c I - Englewood Cfty Council Minutes June 20, 1988 -Page 2 • • • A RESOLUTION APPOINTING ERICA M. BYRNE TO ENGLEWOOD CITY COUNCIL. COUNCIL MEMBER KOZACEK MOVm, COUNCIL MEMER HATHAWAY SECONDED, TO APPROVE RESOLUTION NO. 36, SERIES OF 1988. Ayes: Council Members Koltay, Hathaway , Kozacek, Haben icht, Clayton, Van Dyke Nays : None Abstain : None None Absent : Motion carried. Municipal Judge Parkinson perfor.ed the swear ing-in ceremony of Erica M. Byrne as Englewood City Council Metllber At -large. Ms. Byrne was welcomed and con -gratulated by the other Members of Council. 5. Minutes (a) CCUI:IL MOIIEI CLAYTON MOVm, CCUI:IL MEMIEI KOZACEK SECONDm, TO APPROVE Tit( MIIIITES Of Tit( RE&ULM MEETIII& OF JUNE 6, lt88. Ayes : Counctl Me.bers Koltay, Hathaway , Kozacek, Habenicht, Nays: Abstain: Absent : Motion carried. Clayton, Van Dyke None Council Me.ber Byrne None 6. Pre -sehedu lect Vhitors (a) Dan Clayton, 958 East Corn 11, representing Boy Scout Troop . 92, was present and requested pen~ission to use Centennial lake for canoe tratn ng and testing. He explained the training would be under th direction of qualified canoe instruc tors. This would be a s~r training progr• und r adult supervision. All participants uld be required to ar life jac ts . City Attorney OeWi tt conft .....0 that 1 p&f'lli t agr nt u 1 d et th 1 al requf nts . "-yor Van Dyke tnfonled Clayton that Council uld ta th tter und r advls nt and notify Troop • 92 of fts d cision . 7. ) I En glewood City Council Minutes June 20, 1988 -Page 3 • • • efforts made by the City to correct the problem; however, he wanted Council to know that the problem still exists and needs to be .onitored continually. He was assured that Council would support the enforcement of the Code. (b) Isabella Knight, 3021 South Lincoln Street, brought to Council 's attention various traffic proble.s which continue to exist in the City, specifically on U.S. 285 between lafayette Street and University Boulevard. She was of the opinion a dangerous situation exists in this area. She also felt there should be left turn lanes on Oart110uth Avenue. She stated that •any people avoid shopping at Cinderella City due to the irregular traffic patterns that surround it. She further ca.ented that the Fire Depart111ent should do a better job in 110nitoring its equip.ent to prevent exhaust fu.es . (c) Police Chief Hol.as presented detailed infor.ation relative to the Civil Defense procedure established by the City. He explained that the system was installed .are than 25 years ago using federal funds to provide warn ing for air/nuclear attacks . Since that ti.a no .aney has been received or ap - propriated for the upkHp of the systH. So.a of the sirens are inoperable and the others are aarginal. Chief Hol.as explained the "fan-out• systH of notification of Council of the national warn ing systH-"Checkerboard". Act - ing City Manager Vargas requested that Council be provided copies of the sys - tH so they WCM.tld be aware of the "fan -out• and the procedure which ts fol - lowd in a national warning and/or test. Discussion ensued concerning the equi~nt, costs of updating the systH, possible alternatives which could be utilized as a intert• solution, etc. A detailed report will be sub.itted to Council. 8 . c-.tications 1M Pr'OCl-ttons (a) COUIC IL ...U NATIWMY .wED, CGUIICIL IEUivt A Lm0 ,_-, Gill If TIE ~LU._. IIEIIT MII'IIDIIn, c•••• 1W wac.:ru. ~es : Council rs oltl,¥, Hlth 1.1 . ouc • ly Hlbefticht, ClaytOfl, Van Oy Mays : Abstain : Ab n t on c I'Tt 9 . c . 0 ,.,. ( ) ~bf ( ) ( ) ) I • • • EngleNQOd City Council Minutes June 20, 1988 -Page 4 (f) (g) (h) 1988. Minutes of the Liquor Licensing Authority meeting of June 1, 1988. Minutes of the Urbin Renewil Authority meeting of June 1, 1988 . Minutes of the Witer ind Sewer Boird meeting of June 13, 1988. Ayes: Council Members Koltiy, Hithiwiy, Kozicek, Byrne, Nays: Hibenicht, Cliyton, Vin Dyke None Abshin : None Absent: Motion Cirried. None CCUI:Il MOIIEI ltOZACEit NOVm, COUNCIL NOllER CLAYTOII SECOIIDm, TO IIITJI)IAII COIISOO MaliA ITEJI t(j) -COUNCIL IILL NO. 17, SERIES OF lt88, IN OIIDEI FOI IT TO IE VOTm UPON SEPARATELY. ~es: Council Meabers Koltiy, Hithiway, Koz1cek, Byrne, Habenicht, Cliyton, Vin Dyke Nays : None Abshin : None None Absent : Motion carried . (j) COUNCIL BILL NO . 17, INTRODUCED BY COUNCIL MEMBER KOLTAY A BILL FOR AN OADINANCE VACATING EASEMENTS IN RETURN FOR DEDICATION Of TWO PARCELS OF REAL PROPERTY FROM SANFOAD K. NETZEL, D/B/A SANFOAD COMPANIES, IN CONNECTION WITH THE SILVER CLIFF DEVELOPMENT AT 300 WEST BELLEVIEW AVENUE . CCMMC:tl ,..._r Kouc k stated his opposition to the S1lver Cltffs O.velop.t~t based on heavy det'lsity hous 1"9 and related probl•s to the neighborfMM)d . IL cum. IIMD, COUIICIL CIL IIU •• 17, I[S Of 1 ... , • F1 y ' H ( ) C, H I . • - Englewood Cfty Council Minutes June 20, 1988 -Page 5 • • • (k) Ordinance No . 19, Series of 1988, introduced by Council Member Kozacek, entitled: AN ORDINANCE AMENOING ORDINANCE NO . 45, SERIES OF 1987, AND OR - DINANCE NO . 60 , SERIES OF 1987, CODIFIED IN TITLE 4, ENGLEWOOD MUNICIPAL CODE 1985, PERTAINING TO EMERGENCY TELEPHONE SERVICE AUTHORITY. (1) Ordinance No. 20, Series, of 1988, introduced by Council Metnber Clayton, entitled: AN ORDINANCE REPEALING AND REENACTING TITLE 5, CHAPTER 9, ENGLEWOOD MUNICIPAL CODE 1985, RELATING TO TOWING SERVICES . (•) Ordinance No . 20 , Series of 1988 , introduced by Council Mellber Kozacek , entitled : AN ORDINANC E APPROVING AN AGR EEMENT FOR THE SALE OF REAL PROPER TY, SAID PROPERTY COMMON LY REFERR ED TO AS TH E "KING SOOPERS SITE ." Ay es: Nf.YS : Ab s ta in: Ab s ent : Mot ion c arrf td . 10 . Pullltc NHrtnt Coun ci l Mellber s Kol tay, Hathaw ay, Koz acek, Byrne, Haben icht, Clay t on, Van Dy ke None Non e Non e No public he a rfng wu scheduled . 11. ~tftMCel, 1Ho1uttOM 1M llotfOM (a ) Ac t ing Of tor f n PNIStftttd a r.c--sa tton ,,_ t Ffn aftC O.pntatftt to ldop a r.solut on accepting t 1 bfd fr'OII Hlnffen lllhoff, Inc:., for t leu /!Mirctlue of a ffNI pw~per and author zing t Cfty " to ter nto a id l ue/purc ue 19 t . T r.solutfon u usf9 n r Nltd by t t 1 ' r .• I Englewood City Council Minutes June 20, 1988 -Page 6 Motion carried. • • • (b) Acting City Manager Vargas presented a reca..endation fro. the De - part•nt of C~nity Oevelopt~ent to adopt a resolution approving IIOdifica - tions of an existing encroachllent at 3495 South Broadway. He explained the owners of Csardas Hungarian Restaurant were reiiOdeling and expanding their location and wished reaffirution of the encroach.ent. They plan to install an exterior arched col.-. line fro. the existing roof edge to the sidewalk below . It is reca...nded that the request be approved. The resolution was assigned a nu.ber and read by title : RESOLUTION NO . 38 SERIES OF 1988 A RESOLUTION APPROVING THE ENCROACtltENT OF AN EXTERIOR ARCHED COLUMN LINE AT - TACHED TO AND HANGING FROM AN EXISTING ROOF, WHICH ROOF ENCROACHES NOT MORE THAN ONE FOOT INTO THE SPACE ABOVE THE RIGHT -OF-WAY FOR SOUTH BROADWAY AND VEST HAMPDEN AVENUE IN THE CITY OF ENGLEWOOD, COLORADO. COUI:IL ....U HATHMMY MOVm, COUIICJL ... £1 CLAYTOI KCOIIDED, TO APPIOYE I£SOWTJOI •• 31, SEIIES Of 1111. Ayes : Council Me.bers Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays : None Abstain : None None Absent : Motion carried. Mr . and Mrs . Hellvig, owners of this property, were co.pti .. nted on the pro - posed iiiProv-nt within the downtown area. (c) Acting City nager Vargas preslftted a rec~atton fro. th Vater aftd r Board to approve a proposal fro. Rebecca Herbst for a his tort · cal clearanee study on Boreas Pass Ditch No . Z rehabilitation . Oy y, oz 1 ) I - Englewood Ctty Counctl Minutes June 20, 1gaa -Page 7 • • • A RESOLUTION APPOINTING COUNCIL MEMBER ALEXANDRA (ALEX) HABENICHT AS THE CITY OF ENGLEWOOD'S REPRESENTATIVE TO DENVER REGIONAL COUNCIL OF GOVERNMENTS (DRCOG). MYOI VM DYU IIDVm, COUIICIL MEMBER CLAYTON SECONDm, TO APPROVE RESOLUTION 110. 31, SOlES OF 1111. Ayes: Nays: Abstain: Absent: Motion carried. Council Me.bers Koltay, Hathaway, Habenicht, Clayton, Van Dyke None None None Kozacek, Byrne, (e) A resolution appointing Council Me.ber Koz1cek to serve 1s Alter- nate Representative to Denver Regional Council of Govern.ents was assigned a nu.ber and read by title: RESOLUTION NO. 40 SERIES OF 1988 A RESOLUTION APPOINTING COUNCIL MEMBER GARY KOZACEK AS ALTERNATE REPRESENTA - TIVE OF THE CITY OF ENGLEWOOD TO DENVER REGIONAL COUNCIL OF GOVERNMENTS (DRCOG). CGUIItll MJaEl HATIWMY IIOVm, COUIICIL MJaEl HMEJIICHT SECCIII)O), TO APPIOVE RESOWTI. 110. 40, SERIES OF 1-. Ayes: Counctl Mellbers Koltay, Hathaway, Byrne , Habenicht , Clayton, Van Dyke Nays : Abstain : Absent : Motton carried . None Council None r Koucek (f) A resolution IPt)Oint ng Council r Hathaway to s rve as Tn~st of the lley Cent r Tn~st Fllftd was assigned 1 nUIIIber and read by title : IN TI C ll ITA l y c T T , - Englewood City Council Minutes June 20, 1988 -Page 8 • • • (g) A resolution concerning the Cultural Facilities District Referendum to be voted on November 8, 1988, was assigned a number and read by title: RESOLUTION NO. 42 SERIES OF 1988 A RESOLUTION IN FAVOR Of THE CULTURAL FACILITIES DISTRICT REFERENDUM TO BE VOTED ON NOVEMBER 8, 1988. COUIICIL IEJIIER HATHAIIAY NOYED, CCUI:IL fOIEI lOZACEl SECOIIDm, TO APPROVE IESOLUTIOII 110. 42, SERIES Of 1981. Council Me.ber Clayton spoke in opposition to the resolution, stating he felt it was another atte.pt to tax the citizens on a broad govern.ental basis for things we -.y not want to support; he felt we should not give up the right to support the arts of our choice, giving that right to a taxing entity . He stated further that this would put Englewood at a taxing disadvantage . He urged Council to vote against this resolution. Council Me.ber Habenicht stated her support of the resolution encouraging the qualified electors to seriously consider and study the issue. Council Me.ber Kozacek stated his support based on the fact that it would be voted upon, allowing the people to decide if additional taxes should be approved . Council .....,_r !qthaway stated her support based on the creation of the Cul - tural Facilities District for the .. tropolitan area which include Englewood, thereby pe,..ftth19 better access for the c t zens of nglewood and providing us wtth those benefits . COUAC 1 r oltay felt t for-.t on of t Cul tural f c 11 es District ld pref renttal to t City; h v r, dtd not f 1 t at sales ta ts a proper way to fund cultural activities nd ld th refore be n oppostt o to t resolut on as p s ntly ttten. s ld pr f r nd t tn ld , .. Englewood City Council Minutes June 20, 1988 -Page 9 • • • All "Wherus" paragraphs ~ould re~aain the same. The resolution paragraph ~ould read: "NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF ENGLEWOOD, COLORADO THAT: "THE COUNCIL ENCOURAGES THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD TO VOTE ON THE REFERENDUM OF THE NEWLY CREATED CULTURAL FACILI - TIES DISTRICT IN THE DENVER METROPOLITAN AREA ." ~ote results on the a.end .. nt to Resolution No. 42, Series of 1988: Ayes: Council ~rs Koltay, Hatha~ay, Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays: None Abstain: None Absent: None Motion ..ending the resolution carried. Vote results on passage of the resolution as a.ended : Ayes : Council ~rs Koltay, Hatha~ay, Kozacek, Byrne , Habenicht, Clayton, Van Dyke Nays : None Abstain : None Absent : None Motion carried approving the resolution as uended . Council ~r Clayton u"9ed that thts Council be cognizant of other taxing entities ' atttlllpts to levy additional taxes upon our ctttzenry . (h) A resolution cone rntng the revt of t sales tu rate was con · s dered . T resolut fon was assigMd a nUIIIber and read by title : RESOlUTIOI • 43 S£RIES Of I- A RESOlUTI GIYI l JC Of Of SAlES TAl . Counc il resnlu t on pa r ag r ap ul d d: 0 TH CJTY I . Englewood City Council Minutes June 20. 1988 -Page 10 • • • Motion carried. It was explained that the half-cent sales tax has been re- viewed extensively by Council, it's review will be continued for the next several study session. Suggestions concerning the disposition of the half- cent sales tax were solicited by Council ~r Hathaway. 12. City Manager's Report Mr. Vargas did not have any aatters to bring before Council. 13. City Attorney's Report Mr. DeWitt sub.itted a copy of the City Attorney's report on budget issues to Council ~r Byrne . He also stated that he would be subllitttng a foraal request extending the te.porary position of Assistant City Attorney to Dec .. -ber 31, 1988. 14. &eneral Discussion (a) Mayor's Choice Mayor Van Dyke did not have any aatters to bring before Council. (b) Council Me.ber 's Choice (I) This lt .. -Resolution appointing Ertca M. Byrne to the Engle - wood City Council -was •ved forward and acted upon earl itr in the •eting - see Resolution No . 36, Series of 1988, pages 1 and 2 of these ainutes . . (ti) A resolution rt9ard i ng appoint~h tot Englewood Downtown Develo,..nt Authority was considered . Tht rtsolut on was as s igned a nu.Oer and read by t i tle : RESOlUTJCII NO . 44 SERIES Of 1988 A RESOlUTICII APPOINTJ ERS TO FI Ll POSITICIIS DOWT 0£VEl NT AUTHOR ITY . CUICIL SOUII'J tl • • •• T TH 80ARO Of E SUOIIQ. TO oz r - • • Engl-.ood City Council Minutes June 20, 1988 -Page 11 • • • • • • • • Mayor Van Dyke expressed appreciation to the audience for their attendance. 15. Mjou......,t COUIICIL NDIIEl KOZACEIC IIOVED TO -..... The ~~eeting adjourned at 9:25 P·•· I . • • .. • AGENDA FOR THE REGULAR MEETING OP THE ENGLEWOOD CITY COUNCIL JUNE 20, 1988 7:30 P.M. 1. Call to order. 2. Invocation. 3. 4. 5. .. ,( 411:. t .I Pledge of allegiance. Roll call. f~ ( '"' .. Minutea. l ,.. ) Minute• of the regular ... ting of June 6, 1988. ,l. 6. Pre-Scheduled Vbitora. (Plea .. liait your pre .. ntation to ten ainutaa.) 7 • •• Mr. Dan Clayton, t51 Eaat Cornall, rapraaanting Boy scout Troop tt2, will ba praaant to requaat paraiaaion to u .. Cantennial Lake for canoe taating. (b) Mra. Darlena Crun1nger, Ab&ndo Vahicla Office ot h lnglavood Polica Dapa ill ba preaan o diacu•• th t ing ordln nc • J • • • Page 2 .;rune 20, 1988 City Council Agenda 9. ) \ Consent Agenda. Accept ~ (L<-~ -I (]. ~ ~ l C'7-1 (a) Minutes of the Planninq and Zonin4 co .. ission aeetings of May 3, and June 7, 1988. (b) Minutes of the Library Advisory Board aeetings of May 10, 1988. (c) Minutes of the Board of Adjustaent and Appeals co .. is- sion aeeting of May 11, end June 8, 1988. (d) Minutes of the Downtown Develop.ent Authority aeeting o! May 11, 1988. (e) (f ) (g ) (h ) Minutes of the Parks and Recreation co .. ission aeeting of May 12 , 1988. Mi nutes of the Liquor Li cens i ng Authority aeeting of J une 1 , 1988 . Mi nutes of the Urban lteneva1 Authority -eti ng of J une 1, lt88 . Mi nutes of the Water and Sever Board -.ti nq of June 13, ltll . Municipal s eaents in r e turn t or dedication o y in connection v ith th Silve r 300 ll ~i ew Av e nu . 11- • • • Page 3 June 20, 1988 City Council Agenda 111 1j-G· Jl ~' 11. Ordinances, Resolutions and Motions. r (a) Reco-endation froa the Financeitf'~~ t~a~t a Resolution accepting the low bid froa Hanifen-Iahoff for the leaaejpurchase of a fire puaper and authorizing the City Manager to enter into said lease/purchase aqre ... nt. Reco-endation froa the Departaent of C~unity Develop-~ -nt to adopt a Resolution approving aodificatic_19 ot an , / existing encroachaent at 3495 South Broadway. ;r/tLd•au ~!f /C'f":Jrn , Reco-endation froa the Water and Sever Board to approve a proposal froa Rebecca Herbst for a historical clearance study on the BQreas P ss Dit~h No. 2 rehabilitation. /~· ._ cd • j 'f.i.t. tttc/'f- Reaolution appointing Council Meaber Alexandra Habenicht as the City of Englewood's Representative to Oei}Ver ..t. R~ional <;ouncil of Governaenta (DRCOG). I~#' -i.yte4 /C.~ -'.Y4 .,.., Jt ·cf- eaolu ion appointing Council Meaber Gary ~ozacek as Alternate Representative of the City of Englewood to Denve~ Regional council of Governaents (DRCOG) • ,f. ,r;llf(f'f{(• :1 .. -l Reao ution appointing Council M~r Rita Hathaway to ~ Malley Center Trust Fund Board. .t 'I •"7'-<Itt-l.out ~I ' I aeaolution in favor of the CUltural Facilitiea Diatrict Reterendua to be voted on Novellber 1, 1911. 1/n~"' "· /.I Reaolution on review of e aalea tax rate. !'. LT/ 61( '! 1/t~ .• -r. ~ • - • • Paqe 4 June 20, 1988 City Council Aqenda 15 • Adj OUrnJMnt. !!::; ~j;-- Actin; City Kana9er • I . • -• • • PUBLIC COMRENT ROSTER DATE: June ZO, 1188 AlfY PERSOII MY SP£M Cll MnEU liB .... -ITDS FOR A MXIIUJ OF FIVE IIIIITES. EACH SUCH PEISCII -.. sr• THIS Ml.IC COIIEIIT ROSTER, STATING liME, ADDIESS, -TOPIC Of COIIEIIT. THOSE PEISCIIS H WISH TO SP£M Ill FAVOil Of OR Ill OPPOSITICII TO A PUBLIC HEAII. SHOULD 51. T1IE APPLICAILE PUBLIC HEARl• ROSTER. PLEASE PlliiiT. lWJC I . - • • • • &EIIEIAL MDI)A ITEII COMOO ROSTER DATE: .June 20, ltll MY PERSCII MY SPEM COIICERIU• --118. EACH SUCH PERSCII IIJST SUIN THIS ROSTER, STAll. IIWIE, MIDIESS, ---nEJII lllaEI. PLEASE LIMIT YOUR CONNEll$ TO FIVE MIIUTES. THOSE PERSCIIS 1110 IIISH TO SPEM Ill FAYOil OF 01 Ill OPPOSITION TO A PUBLIC HEAilll., SHOULD SIM THE APPLICABLE PUBLIC NEAll. ROSTER. PLEASE PRIIIT. liME MIDIESS --118 •• ~e &\k~ ~tt\fbscui -1 fr~.u ,\10 tJ 91.. I - l , • 1 RESOLUTION NO. ~ SERIES OF 1988 • • • RESOLUTION APPOINTING ERICA M. BYRNE TO ENGLEWOOD CITY COUNCIL. WHEREAS, Councilaan Joseph V. Bilo, Jr. resigned as CouncilMan at Large froa Englewood City Council effective May 31, 1988; and WHEREAS, Council has interviewed several persona interested in filling this tera; NON, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OP ENGLEWOOD, COLORADO, THAT: DICA •• BTDB of 3963 s. Cherokee Street, Inglewood, Colorado, be and hereby is appointed to fill the vacancy left by reai9nation as Council Meaber at Lar9e for the re .. inder of the te~ to expire January 1, 1990. ADOPTED AND APPROVED this 20th day of June, 1988. --···--······················· lutan Van DYke, Aayor ,. t • : htr:lela H . I 1 . Call to Order • • • EII&LEVOOO CITY CCMR:IL EII&LEVOOD, ARAPAHOE COliiTY, COLORADO Regular Sesston June &, 1988 The regular .eet i ng of the Englewood City Counc i l was called to order by Mayor Va n Dyke at 7:43 P·•· Z. Invocation The in voc ation was given by Counci l ~r Ko ltay. 3. Pledge of Alleg tance The Pledge of Allegiance was led by Mayor Van Dyke. 4 . Ro ll Ca ll Present : Absent : A quor~ was pres n A tso pres nt : .. Council ~rs Hathaway, Koltay, Kozacek, Habenicht , Clayton, Van Dyke None . A vacancy was noted . Acting City Manager Va1"9as City Attorney DeWitt Ctty Clerk Crow Police Chief Hol .. s Assistant D rector ao.&ns, Plann ng Executiv D rector Hinson , Urban R al Authority • • • • • I . Englewood City Council Minutes June 6, 1988 -Page 2 • • • (a) COUNCIL MEMBER KOZACEK MOVED, COUNCIL MEMBER CLAYTON SECOfi)ED, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF NAY 16, 1988. Ayes: Council Members Koltay, Hathaway, Kozacek, Habenicht , Nays : Clayton, Van Dyke None Abstain : None None Absent: Motion carried. 6 . Pre-scheduled Visitors (a) Steven Ell is, President of R1111 Hill Rescue, Inc., 1825 ·35 West Union Avenue, addressed Council relative to Agenda Item ll(d) · a proposed bill for ordinance relating to towing regulations . Mr . Ellis offered comment s and cautioned Council of possible problems which could results fro. awarding a towing contract based solely on low -bid procedures . Mr . Ellis expressed his concern over the "conflict of interest• issue and how it would affect so.e of his etnployees . COUNCIL fi£MER KOZACEK MOVED, COUNCIL MOllER CLAYTON SECOfi)ED, TO IRING FOR - WARD A&ENDA ITEM 11(d) -COUNCIL BILL NO. 19, SERIES OF 1981. Ayes : Council ~rs Koltay, Hathawa~, Kozacek, Haben icht, Nays : Abstain : Absent : "<ltton carried. Cht f Hol.as , Engl by r . Ell s . H el •tnat Cla~ton, Van Dyke None None None o th e lss u s rats d 8 Till TIT '· I . Englewood City Council Minutes June 6, 1988 -Page 3 • • • COUNCIL MEMBER CLAYTON MOVED, COUNCIL MEMBER KOLTAY SECONDED, COUNCIL BILL NO. 19, SERIES OF 1988. Council Member Kozacek expressed his opposition to the Bill as •it does not lock in a fair and equitable decision of who gets the contract.• Council~­ ber Clayton and Mayor Van Dyke expressed concerns about the Bill, both COII· menting that competition is healthy and that we need to find ways to increase, not limit it. However, they stated they would be supporting the ordinance. Vote results: Ayes: Nays: Abstain: Absent: Motion carried. Council Me.bers Koltay, Hathaway, Clayton, Van Dyke Council Me.bers Kozacek, Habenicht None None Council "--bar 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 podiu. and responded to certain stat ... nts of Chief HolNs. He clai-.d background checks were not currently being conducted by the Police Dtpart-.nt; he stated Ra. Hill Rescue had never filed a c~laint against anyone, that contractiftg with a large nu.ber of c~anies would .. an a huge ..aunt of work; he was concerned about the possible conflict of interest stipulltion and how tt would affect hts ..,loyHs. Acting Ctty Maftager Vargas responded concerning the confl tct of interest is · sue, stating the City of Englwood and its e~~ployHs hold a public trust ; therefore, there h a staftdard of conduct and behavior that the City has es · tabltshed through ordinaftCes and ~tntstrative procedures to safeguard that public trust . Mr . Vargas rtQU sted an opportunity to preslftt this utter to Council In a .ore d tailed unn r for furt r consideration . Counctl "'-ber Kozacek stated his concern about the passatt of this Btll n so uny probl s exist cOftCerning it . urged Counctl to look at th l further . 7. ·schedultd Ylsttor ts ors . 8 . S[C-ED, TO ' H • Englewood City Council Minutes June 6, 1988 -Page 4 • • • Motion carried. (b) MAYOR VAN DYKE MOVED, COUNCIL MEMER HATHAIIAY SECOfi»ED, TO PROCLAIM THE MONTH OF JUNE 1988 AS •RECYCLJNI IIONJH• IN THE CITY OF ENILEVOOD. Ayes: Council Me.bers Koltay, Hathaway, Kozacek, Habenicht, Nays: Clayton, Van Dyke None Abstain: None Absent: Motion carried. None (c) COUNCIL MEMER CLAYTON MOVED, COUNCIL IEMEI ICOZACDt SECOfi»ED, TO ACCEPT THE CCIIIJNICATION FROM THE PAIICS AND RECREATION COIIIISSION TO REVIEW RECOfiiDI)ATJONS RE&AIDINI THE ENILEVOOD IOLF COURSE. Ayes: Council Me.bers Koltay, Hathaway, Kozacek, Habenicht, Nays: Clayton, Van Dyke None Abstain: None Absent: Motion carried. None 9 . Consent Afend• COUNCIL IIDIIEI ICOZACDt NOWID, COUIICIL IIDIIER ICOLTAY SECONDED, TO ACCEPT CON- SOfT MOGA nos • <•> ~ (t). 10 . II. (a) (b) (c) (d) (t) (f) (g) Minutes of the Fire a.tl,....nt loard ting of January 11, 1988 . Minutes of the loard of Car r Service Co.hsloners ... ung of March 17, 1918 . Minutes of t ngltwoo<S Oownt Oevtlo.-.nt Authortty ettng of Apr 1 13, 1988 . Minute s of th loard of Adjust nt and Appeals tlng of April 13 , 1988 . Mlnut s of t Par lsslon ttng of Apr11 14. 1988 . Mlnut s o th U M nut s of t l A tc . Englewood City Council Minutes June 6, 1988 -Page 5 • • (a) Assistant Director Romans presented a recommendation from the Plan - ning and Zoning Commission to adopt a bill for an ordinance amending Title 16 of the Englewood Municipal Code regarding the landscape Ordinance . Ms. Romans stated there had been a public hearing concerning changes to the landscape Ordinance on May 2, 1988 ; several aMendMents had been proposed at the hearing, and the matter had been referred back to the Planning and Zoning Ca..isslon. The bi 11 for an ordinance now under consideratIon incorporates those aMend - ments. Ms. Romans further stated that the a~ndlents had been reviewed by the Greater Englewood Chamber of Ca.nerce Gover~ntal liaison Ca..lttee. She briefly detailed the various amendments and responded to ca..ents 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 MENIEA CLAYTON MOYm, COUNCIL MOllER KOZACDC SECONDm, TO A"ROYE COUNCIL IILL NO. 11.1, SERIES OF 1188, AS AMENDm. It was clarified that Council Bill No. 11 .1 as a .. nded would require a second reading. Council MeMber Kozacek stated he would abstain fro. voting on this •atter due to 1 possible future conflict of Interest. Vote results: ~es: Council Me.bers Koltay, Hathaway, Habenicht, Clayton, Van Dyke Nay s: None Abstain : Council Me.Oer Kozacek Ab se nt : None Mot fo n Cirri d . Council r Kozacek co..ented that Council should consider th r strain of tr es, shrubs, etc. In street ~hns fn an effort to con -serv wat er. ns presented 1 rec n Depart nt to adopt 1 bf 11 for an Co.· I . • • • 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 Holmes presented a rec~ndation frOM the Police Department to adopt a bill for an ordinance amending Title 4 of the Englewood Municipal Code relating to Emergency Telephone Service Author i ty . He explained that the original ordinance approved in 1987 (OrdinAnce No . 45) stipulated that to be - come effective 111 involved gover~nt1l entities •ust sign the Agreement . As the City of littleton did not enter into the 1gree.ent, it now becomes neces - sary to amend Ordinan ce No . 45, Series of 1987. With the approval of Council Bill No . 18, the Emergency Telephone Service Authority -E911 c1n bec0111e a reality. Ch i ef Holme s responded to questions 1nd explAined the i•provement s which will be realized with the estAblishment of E911 . COU NCI L BILL NO . 18, INTRODUCED BY COUNCIL MEMBER KOZACEK, WA S READ BY TITLE : A BILL FOR AN ORDINANCE AHENOJNG ORDINANCE NO. 45 , SERIES OF 1987 , AND OR - DINANCE NO. 60 , SERIES OF 1987, CODIFIED IN TITL£ 4, ENGLEWOOD MUNICIPAL CODE 1985, PERTAINING TO EMERGENCY TELEPHONE SERVICE AUTHORITY . COUNCIL N£NIER ICOZACEk MOVED, COUNCIL HOliER HA'OWIAY SECCJM)ED, TO APPROVE COUNCIL IILL NO . 11, SERIES Of 1111. Ayes: Council rs IColhy , Hith1w1y , ICoucek, Hibenfcht, Clayton, ¥1n Dyke None N1ys : Abshfn : Absen : Motion carrf d . (d) prov d 1s Non None 11(d) -Councfl B 11 o . 19 , rte s of 1988, wu IP · se •lnut s. P1 s 2 and 3, It 6(1). I . Englewood City Council Minutes June 6, 1988 -Page 7 • • • that he had been unable to locate that stipulation in the document. Hr. DeWitt requested a brief recess to research the matter. COUNCIL MEMBER KOZACEK MOVED TO RECESS FOR TEN MINUTES. The meeting reconvened at 9 :40 p.m . with all members present. Hr. DeWitt ex - plained that the document had undergone several revisions, that at some point the stipulation clause had erroneously been removed. He reca.mended that the clause be inserted as Paragraph 13 as follows: "13. 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 ." Subsequent paragraphs to be renumbered 14 and 15 respectively. Mr. DeWitt requested that the agreement as aJ~ended by initialed by each Council Metllber indicating their approval of this change. COUNCIL BILL NO . 20, INTRODUCED BY COUNCIL MEMBER KOZACEK, WAS READ BY TITLE: A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT FOR THE SALE OF REAL PROPERTY, SAIO PROPERTY COMMONLY REFERRED TO AS THE "KING SOOPERS SITE." COUNCIL MEJIIU ICOZACEJC MOVm, COUNCIL MEJIIU CLAYTON SECOIID£D, TO APPROVE COUNCIL BILL NO. 20, SERifS Of ltll, AS NIEimEO. Regarding the appraisal price, Council "--bar Koltay stattd it wa s his under - standing that staff and the Englewood Urban Renewal Authority will contact JWM in an atte.pt to resolve the di sc repancy in price without the need of a third appraisal . Yote results : Ay s: Nays : Ab h ln: Abs n : t ton carr ed. Coun cil rs koltay , Hathaway, Kozacek, Habenicht, Clayton, Van Dyke Non Non on un II • • sold • Englewood City Council Minutes June 6, 1988 -Page 8 • • • Special Assessment Funds -Governmental Accounting Standards Board (GASB) now requires that separate budgets be established for Special Assess~~~ent Funds, one for construction and one for debt service, hence the two budgets : Special Assessment Debt Service Fund -$590,000 Special Assessment Construction Fund -$397,000. Ms. Freeman responded to questions of Council concerning proposed federal law . She stated that no final decision had been •ade for the accounting 111ethods which will have to be adopted to co.ply with the proposed law. * * Mayor Van Dyke left the Chair at 1:4& P·•· * * The resolution wa s assi gned a nu~r and read by title . RESOLUTION NO . 34 SERIES OF 1988 A RESOLUT ION AM ENDI NG THE 198 7 BUDGET . COUIIC I L ..,_0 ltOZACDt NOVO, C0U11C I L lESOLUTIOI MO . 34, SOlES OF 1111 . ....0 HATIWMY SECOIIDED , TO APPIOVE Ayes : Counc tl Nays : Abstain : Abs nt : ~tion carried . l A Tl * • Clayton 0 rs oltay, Hath aw ay, Koz acek, Habenicht, r It t:l1 , ••• • * IC IC I Englewood City Council Minutes June 6, 1988 -Page 9 Motion carried. • • • (h) Acting City Manager Vargas presented a reca..endation to adopt the Six-quarter Budget for April, 1988, through Septetllber, 1989. He explained that this was being brought to Council for its quarterly review. No new funds are being requested and scheduled projects re~~~ain the 51118. Mr. Vargas re - quested reaffirmation of the Public I~rove.ent Funds by .otion. COUNCIL "EMBER KOZACEit 'lOVED, COUNCIL NEJIIEl lOLTAY SECONDED, TO ADOPT THE SIX-QUARTER BUDGET FOR THE PERIOD APRIL, 1181, THROU&H SEPTEMBER, 1189. Ayes: Council MeMbers Koltay, Hathaway, Kozacek, Habenicht, Nays : Clayton, Van Dyke None Abstain : None None Absent: Motion carried. ( 1) Act 1 ng City Manager Vargas sut.t tted for Council's approve the license Agreement between the City of Englewood and the Englewood Cultural Center concerning the sculpture by John Scott entitled "Co.. Back ~ Brothers•. The agree.ent stipulates the specific site for the location of the sculpture, insurance coverages for liability, etc . He infonled Council that the agre~~~ent had been reviewed and signed by the Englewood Cultural Center and John Scott . COUNCIL fiDIIU MATIWMY MOVED, COUIICIL fiDIIU lOUCEl, MOVED TO ACCEPT THE LICOISE AIIEDEJIT IETV(DI THE CITY OF DREWOCI» _, THE DIILEWOCI» CUl.TUIAL CDITO IEUDIM THE "COllE UCIC t1Y •nos• SCULPTUII. ~es : Council rs oltay, Hathaway, Kozauk, Habenicht, Clayton, Ytn Oy e Non Non 12 . Cfty c tl . 13 . Chy Atto u . , • - • Englewood City Council Minutes June 6, 1988 -Page 10 (a) Mayor 's Choice • • • Mayor Van Dyke did not have any .atters to bring before Counctl . (b) Council Me.ber 's Choice There were no further .atters to be discussed . 15 . Adjourn~ent COUNCIL .. £1 ICOZACOC NOVED TO ~. The •et ing adjourned at 10 :11 p.•. ·.;ff.~r ty er • I . ENGUWOOO OOWNIOWN DEVELOPMENT AUTMOittTY 3535 5 Sl1«rmon Slrftl Engi«-wood , Coiofodo 8(l110 Phone 303 78t 7885 June 7, 1988 Mayor Susan Van Dyke City of Englewood 3400 South Elati Str t Engl wood, CO 80110 Dear Mayor Van Dyk : • • • 8 A Th Englewood Downtown Develo~nt Authority will have two vacanci a on its Board of Dir ctora aa of Jun 30, 1988. Fred Kale, Playnix, whoae t rm of offic xpir a on June 30 , 19 , haa re r ttably d cided not to for a into noaination for anoth r tar.. Alao, b caua Nick Hil r, di h dlcal ~nter, la unable to attend th EDDA Board wtthdr wn hia n fro• conaid ration t I . -• • • CITY OF ENGLEWOOD PLANNING Afl) ZONING COMMISSION MAY 3, 1988 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Co..ission was called to order by Chairman Hanson at 7:00 p.•. The Meting was held in the Miller Building at 3600 South Elati Street. Members present: Barbre, Fish, Schultz, Carson, Draper, Volke.a, Such, and Hanson. R~ns, Ex -officio. Members absent: None. II. APPROVAL OF MINUTES. April 19, 1988. Mr. Hanson stated that the Minutes of April 19, 1988 were to be considered for approval. Hanson .,ved: Carson seconded: The Minutes of April 19, 1988 be 1Mnded in the last paragraph of page 6 to read: •Mr . Hanson expressed the opinion that these plans MAY not ca.ply with the •tnt - -ZONING standards for landscaping ... • AYES : Barbre, Schultz, Carson, Draper, Such, Yolk-.., Fish and Hanson . NAYS : None. ABSTAIN : None . The .,tion carried. Barbre .,ved : Schultz seconded : The Minutes of Apr tl Jt, ltll, as AYES : 8arbrt, Schultz, Carson , Or r, S , Vol MAYS : ABSTAIN : T Ill. c f . l • Ul c ' nded, be approved . fis h and Hanson . T 9 A • • AYES: NAYS: ABSTAIN: IV. • • • Barbre, Schultz, Carson, Draper, Such, Volkema, Fish and Hanson. None. None. DIRECTOR'S CHOICE. As a point of information, Mrs. Romans said that City Manager McCown has an- nounced that he would be resigning at the end of the week. In regard to the zoning enforcement at 1109 West Quincy Avenue, which issue had been raised by a member of the Co..ission at a previous meeting, she said that a full crew and a half had been working for two days to clear the proper- ty. This is a case that has gone on for approxi•ately ten years, finally resulting in a Court Order that the owner clear the property. When he did not, the City was e.powered to clear it and the charges are to be paid by the mortgage COIIIpany. The neighbors have been very support tve of the effort by the City to correct this situation . Mrs . Ro.ans said that a ~eting with City Council had been arranged for 7:00 P·•· on May 24 in the Library Conference Roo. I (the George Perrin Roo.). The C~ission decided to cancel the regularly scheduled Meeting of May 17th, be -cause several ...O.rs would not be able to attend . Mrs . Ro.ans said that the City Council had held a public hearing on the Land - scape Ordinance on May 2, 1988 and had requested that the Planning Co..ission consider several additional changes to the Ordinance . Mrs . Ao.ans distributed cop i es of the proposed a~n~nts as they were referred to the Council by the Co..ission after Its public hearing on February 17, and she also distributed copies of the changes suggested by -..bers of the City Council following Its public hearing on May 2nd . These changes Included an addition to Section 16 - 4-11 B 2 which provides for the procedure the property owner aay follow when it Is not physically possible or feasible to provide for landscaping on the site . Thi s addition, which would coee after Section a , which allows for a depo stt to the Beaut fiut i on Account i n th Publi c IIIIProVMtnt Fund, uld state, •b . IIIIProve th appearance of t str t s ide exterior of the build - ing l ocated on th land In an a.ount no l s s than th su. equal to Sl x 101 of th tohl area as asured n square f t . T Director aay require do cu-nt s to sub s tant i al t s u. pad for t ro v t .• • • • meeting on May 16th, in order to give the Planning Commission .eMbers an op- portunity to consider the suggestions of ~~ellbers of the City Council for modification of the amendments proposed by the Planning Co..ission. Mr . Hanson said that, in his opinion, allowing the property owner to spend landscaping 110ney on the i11prove~~ent of his building would not benefit the City. He said that he would be opposed to the use of evergreen trees as street trees because they shade snow and ice in the winter, and are a traffic hazard because of the growth at the lower levels. Most businesses would prefer deciduous trees, because conifers would hide their signs and display areas. He said that trees with two inch trunks can better withstand vandals, and that the two inch standard is in the require.ents of other cittes. He said that a two inch barrier cover is not enough to hold the barrier down, and a depth of four inches would not require a barrier and is probably cheaper. Mr . Fish said that at HD.e Club there was only a ten dollar difference between one -inch caliper trees whtch are selling for Sl0.99 and two-tnch trees which are selling for Sl9 .99 . Mr. Hanson suggested that the 81tter could be discussed with Council at the May 24th lleeting. T"'-Co.tssion --.rs reviewed the extensive study that hu gone into the ~nts to the landscape Ordinance and noted that Council has the authority to 81ke any changes to the landscape Ordinance that it wishes . The Co.ission .....,_rs said that they have researched the .. ndllents which they referred to the Ctty Counctl very c arefully and are of the opinion that the Ordinance should be approved as tt wu reco.ended to the City Counctl following the public hearing on February 17 , 1988 . Vol~ 110ved : Cars011 secOftded : That the l andscape Ordinance, u reca•aftded to the Ctty Council on February 17, 1911 and as printed tn Council ltll No . 16, be returned to Council wtth a rec-.ndatton that no further changes be -.de . AYES : larbre , Schultz, Car on. Draper, Such, Volk , Fish and Hanson . lAYS : AISTAI•: 7 :lS p •• , and t C ton Pltzt . - I . -•• • • UNAPPROVm CITY OF ENGLEWOOD Pl.NIII,_ MD ZOIII,_ COIIIIISSION MUIITES June 7, 1988 .h CALL TO ORDER. The regular .eeting of the City Planning and Zoning Ca..ission was called to order by Chair..n Hanson at 7:00 P·•· The .. eting was held tn the Ca..unity Roo• of City Hall. Me~rs present: Also present: Barbre . Fish, Schultz, Carson, Draper, Yolk-.., Such, and Hanson. Wanush, Ex-officio. Dorothy R0111ns, Assistant Director of Ca..unity DeveloP~~tnt "'-bers absent: None . Mr. Hanson stated that the Minutes of May 3, 1911 were to be considered for approval . Carson •ved : Fish seconded : The Minutes of May 3, 1911 be approved as written . AYES : Barbre, Schultz, Carson, Draper, Such, Volte.., Fish and Hanson . NAYS : None. ABSTAIN : None . The .otlon carried . Lands ea Ord i nance Rev isi on s The Chai,..n stated t he f ndlng of Fa c n Ca f or pp ro va l . 7·17 should be consldertd Car on ved : rtsh s cond AY : YS: AI STAIN : o f c " Ca ultz, Car , ~ , ol . I . 7 87 appro v IS nd H " on . A • • • • Mr. Volkema pointed out that since Council had already made its decision, these findings are unnecessary. Mrs. Romans said that Findings must be sub- mitted for all cases. She said the Council is concerned at the delay between Co11111hsion meetings and the tiiM! Council receives the Minutes. Council has suggested that draft copies of the Minutes be submitted to thet11 before the Co11111ission meets again to approve Minutes. ~ GOALS. Chairman Hanson asked that the Commission consider the goals as described in the packet. He said that the Commission is updating the entire Ca.prehensive Plan, not just Transportation and land Develop~ent. Mrs. Romans re~~~inded the Ca.ission that they had IM!t with the Director of Parks and Recreation in preparation for updating that part of the Ca.prehen - sive Plan, and that Dick Hinson, Executive Director of the Englewood Urban Renewal Authority, would attend the next .. eting. Mr. Hanson said a logical plan 1s needed for the updating. Mr. Wanush said there are two suggested procedures: The staff can highlight and critique the current plan as a basis for Ca.lssion discussion . In addition, the Ca.is - sion and staff should conduct brainstor.ing sessions on the key issues in En - glewood 's future . Mr. Hanson said he hoped that every other Meting could be a study sess i on . Mrs . Rouns said the Ca.ission would need to consider Capital IIIProvtMnt s for the next ffve years fn July . The Ca.ission discussed transportation and traffi c patterns in Englewood , including bike paths, signal 1 ights and traffic 110v .. nt on Broadway dur i ng rush hours . Of particular concern was turning fro~~ Broadway onto U.S. Zl5 . landscaping alent lroldway was also discussed . Mr . Fish suggested "People Movers• for 110v nt within the downtown area s . Mr . Hanson SU99fSted that ... tings be arranged wi th the Planning Ca..i ssi on s fr011 adjacent ctttes . He sa t d that a ... t t ng w th littleton to coordinate plan s for f iiPrGY .. nts to lroldw~ would be t ly . Mr s. Roun s s unes t ed that a ttng wt th Sher i dan wou l d al so be app rop r i ate. I - • • • • VI. SIGH CODE. Mrs. Romans called the Caa.ission's attention to the draft of the proposed Bus Bench Ordinance in the packets. Denver Bench Co.pany has had a contract with the City since 1969 and is now in the process of .arging with another company, so this sea.s a good ti.a to review the ordinance. Ms. Hirsch wrote the pro- posed ordinance. Ms. Hirsch said the ordinance would require a contract, and in her opinion and that of surrounding .unicipa11ties, it 1s better to deal with only one co.pany. Ms. Hirsch said she had included the .ost restrictive features of the various ordinances of adjacent .unicipalities. Discussion followed concerning content of advertising, length of contract and place.ant of benches. The Co..ission decided to study the .. tter and discuss it further at the next .. eting. Mrs. R~ans said that at the joint City Council/Planning Co..ission .. eting, thtrd party signs .. re discussed and the City Council indicated that they would like the Co..ission to consider possible changes. Ms. Hirsch had pre - pared s~ notes relative to the third party signs which had been included 1n the packet . The Co..ission decided to study the .. tter and discuss 1t at the next .. et1ng . VII. DIIECTOI' 5 CHOICE. None . Mr. Schultz asked for an explanation of the Code concerning parking detached tra1lers in the street. Mrs. Rollans said detached trailers are not pen~itted to be parked 1n the street . ...-. Schultz said there are seven derelict vehi - cles around the corner fro~~ hh holle, and that the laws should be enforced unifon~ly, not by ca.plaint . Mr . Fhh reported that he had attended a second UIIA .. tt'"J . The .. ti'"J adjourned at 1 :45 P·•· • I . • • • MINUTES [ngl~ood Publ1c library Adu1aory Boerd Mey 10. 1988 The regular "eet1ng of the Englewood Public l1brery Aduiaory boerd wa s celled to order by Che1r~n AI Quaintance et 7:3Z P·"· PR(S(HT: AI Que1ntence. John Peterson. Bruce Hogue. U1rg1nie Johnson. Joe Rathburn. Beu S1"on. loia Sterl1ng. Dorothy Totton ALSO PR [HT: Alex Haben1 c ht. C1ty Counc1l RepreaentetJ.ue. Mra. Barbera Hogue. Hank long. l1brery Seru1cea H~1n1atretor. Sharon U1nkle. D1rector of llbreriea. Donne 6ottberg. Record1ng Secretary R GR 1 5: Betty Douney Roll ell was taken and a quor~ declared preaent. There wer e no scheduled or unscheduled v1a1tora . Mr . Oue1ntenc e howed the Board the aculpture of Mark lwe1n that was done ed by Mr . taneacu . The ped tel 1a now et the l1brery. Once 1t hes been paanled th c ulpture w1ll b "ounted. Mr . Que1ntance howed the Board the c ~plet d plaque . lh1 wall be "ounted oon an en eree c1rculetaon de k . ontr1butora neer the lub the " • ana ov to Sharon Ua'*l for the U1'*l tntroduc d Mr. "-'* Lone. tbrery -. - I • • • Mr . long requests a letter of support frOft the Board. Cop1ea of the draft proposal are available frOft Hank long or Donna Gottberg. IRUIHG translates all libraries to a CI:WW'!On language and w1ll eventually becOfte part of a state-w1de network. HB -1~ ftQTIQI: Jhe Board rec~:WW~enda a reaolut1on be forwarded to C1ty Counc1l regarding the library Service• end Conatruction Act <lSCR> grant propoaals "Oynix-IRUIHG Connection -Phaae II." Moved by: John Peterson s~c onded by: lo1a Sterling Mot1on carr1ed. fhe Board c~:WW~ended Hank long for all hi• work 1n preparing thie grant proposal. and h1s preaentet1on ton1ght. The Board thanked Mr. Peteraon for supplying refreahftenta thia even1ng. Ms. U1nkle gave an 1nfor~l update on the Met1onal l1brary Ueek act1v1t1ea. notJ.ng that the l1brery Card Ceftpe1gn w1th B1ahop school wea a b1g aucceaa thenka to the very herd work of Adeline Czarny end Barbera Sproat. Ma . Sproat plena to write a ..enuel expla1n1ng how th1a progreft worked. It 1a the plan of the library to target one el~ntery achool each year end work for 1001 of •tudenta to heue • l1brary card eue1leble to theft. Ihe~e were two perfor"8ncea of Peter and th Uolf preaented at the library •• pert of the celebret1on. It we• en excellent perfornence end well -attended. The fund• for th1a event were furn1ahed by P ~ Uerehouae Inc .• end the erreno-enta were "~~de by th Arapaho Publtc A ceaa to librer1ea APAL> I1brer&ea. Ma. U1nkle abrery A• tt nded • ell -an-ell u 1 gave • br&ef report on her ettendence at the PuOhc 1et1on confer e an P1ttaburgh Apral ZS -JO. She uerel progr.,.• end • pre -conf r nee IW09f".... he felt t anfortwhon r c 1ued wea worU-...ul end uery we•• l , or I • • • i u Nr Qua1ntanc:e to see J.f the l1brary Advisory Board could beooo:.-fat by procedures. etc. noted there. rh . Uam<l e d1slr1buted further cor.par1t1ve stat1stics requeated dl the la st "eet1ng by Mr. Hogue. itae lh~e for the S~er ~ead1ng Prograft 1a ·Booka Can Take Vou There." Ms. Utnkle ahowed a copy of the literature that will be rlJ s trLbuted later to parents and children. The l1brdry d1d not get approval on a LSCA propo .. l aubftitted earlter "Procur~ent Infor~t1on Center.• The librery developed the proposal Wlth the Centennial Cheftber of c~r~e. Another pro~w al r.ay be prepared at a 1ater date. Cn cu. rnon • 5 Rcpor t "lherr are Z opt1ons for the Board or Board ftertbera to jo1n the Rfter•cen 1brary As s oc1atJ.on . After d1a~uaa1on it wee de~ided that th ftl!ftbershlp should be 1n the Cha1Cft8n'a neftC with the ..atl1ng addres s of the l1brary. M -Ua MJIM: lhat the Boerd reteJ.n the peraonel ,...berah1p in the After& an l1brary Raaoc1et1on ALR> w1th the ,..1l1ng eddreaa o f he nglewood Publ1 c l1brery . Moved by: John Peterson c onded by : U1rg1n'• J ohnson Mot1on c arr1ed . Mr . Que1ntence w'll report on the Budget Oftftlttce at • Jeter date . nolewood 1 l~rat1ng 1 a 8 th b1rthdey on "-Y 13 . Rll Board ,..,.a ra nd ftl!ftbcr a of th c OftftunJ.ty ere anvat d to ettcnd et 4 :00 p .... '" th 1ty 'a LOftftunaty loa... Mr . Pete r on nd M • ~ thburn lef et 9 :05 P ·"· M . M • n tc we• rec ctu.d en.ge,.ent ent to for Z ' d t he I d t t y I • - • • • • Sharon Uankle noted that Hr. Uergee will uieit the library steff at ats regular "eeting on Thursday. n.y 12. Hr. HcCown was scheduled for thia uaait an order to diseuse City business. Hr. Uerges wall attend in hie steed. Hs. Habenacht stated how "uch she enjoyed being • pert of the National library Ueek <HlU> progr.,. with li.ttop School. Dorothy Jotton enjoyed the apeciel Bishop School perticipetion in the HLU ect1u1taes. Hs. Totton suggested we enter Hs. Koestner•• ~ for the Lafe -h"e -d through the Colorado library haociation. Hr. Hogue wall not be goang to Englond •• he had anticipated. He nay try again next year. Hs. Sa,.on wondered 1.f there wee ony aolution for petrona who - bafocal or trafocel lenaea to reed the upper end lower aheluee of book h tles. He. U1.'*le auggeated • steff ftWtber be contectH to help. He. Johnaon Just returned frOft • uaeat to tkwocco. He. Sterlang as excated about her -to a larger '-• but f-1• sed to 1-the [ngl~ ar-. M=ll .. IW: That the Hanutes frOft the flpnl 12. ,,.. _h,. M ...,..oved •• preaented. "-d by: lev sa- Seconded by: loa. st .. rhntt ftotaon carraH. I • • - • • ENGLEWOOD PUBLIC LIBRARY Selected Statistics CIR CULATION April 1988 Central Library 17,889 (16,310)* Bookmobile 7 ,7 10 ( 7 ,898 )+ TOTAL: 25,599 (24. 208) DAYS OF SERVICE 26 26) 985 931) TRAFFIC COUNT (Ma1n Library) 22,470 (22,125 ) 864 851) TOTAL: 19,234 (18. 702) 1,574 ( 1,214) 546 ( 567) TOT L: 2,120 ( 1,781) dul t 3/11 .Juv. 55 /207 Tot 1 : /218 6 7 , 176 3 6 ) 10TAL : 3 72) $,04 , II) -· .B 42) TOTAL: 3, 2 ( 2,753) TOT L : , bS ( s.so ) r ••• ) s 4 ) , , I . -• • • -2- LIBRARY SPONSORED PROGRAMS OUTSIDE CENTRAL LIBRARY Children's Department NUMBER AITENDANCE Bookmobile s tory time s 5 ( 8) 80 (125) BKM Librarian's visit s to classes Puppet Workshop & shows 28 ( 36) 99f (888) EPL vi sit s to classrooms NLW programs CURRENT ACTIV E REGISTRATIONS VOLUMES 1N COLLECTIO LIBRARY MATERIALS Books Record s Cass ette s Microfil• Videocassettes Co•pa t Discs DI BURSENENTS 21 9 14,414 ( 21,493) 10 2 ,757 (103,158) VOLlJ4ES ADDED 551 (469) ( ) 42 ( 55) 13 ( 11 ) 43 ( 1) 48 ( 19) ( ( ( Deposi tt'd with City Tr e sure r's Office $2 ,1 76. 6 REV U Fin s $1,219.62 ALO Co pyv nd 39.65 Donor • s Fund 402 .48 A ct . •8 1411 (lo t d &t'd aatenal ) 413. 6 A ct. fb4661 (•icrocoaput r) 77.25 Co lo . Lo n (ILL) 24.00 Volunt r llour s: 27 1) ) ) ( 52) 517 ( ) 1505 ( ) VOLUMES WITHDRAWN 66 (li63) 1 ( 3) 5 ( 23) ( ) ( ) ( ) ($3,974.28) ($1,302.63) ( 1,810.50) ( 41 2.20) ( 314.00) ( 33.95) ( 87.00) ( 14 .00) • I . • • • BOARD OJ' ADJOSTMBII'l' A11D APPBAL8 BlfGLBWOOD I COLORADO MAY 11, 1111 9 The regular aeeting of the Englewood Board of Adjustaent and Ap- peals was called to order by Chairaan Welker at 7:30 p.a. Members present: Also present: Seyaour, George, Doyle, Lighthall, Waldaan, Shaffer and Welker. Dorothy Roaans, Staff Advisor Mary Alice Rothweiler, Planner The Chairaan stated the Board is authoriaed to qrant or deny a variance by Part 3, Section 60 of the Enqlewood Municipal Code. He said that with seven aeabers present, five affiraative votes would be required to qrant a variance. APPROVAL OJ' MI~a. BOARD MEMBER SEYMOUR MOVED THAT THE MINUTES OF APRIL 13, 1918 BE APPROVED AS WRITTEN . Board Meaber Liqhthall seconded the aotion . All seven aeabers voted in favor of the aotion, and the Chairaan ruled the Minutes of April 13, 1911 , be approved as written. APPROVAL OJ' I'IMDI.aa OJ' 1'~. BOARD MEMBER SEYMOUR MOVED THAT THE FIIIDIIIGS or FACT Ill CASU 5- 11, 6-11, 7-11, 1-11, t-Il AlfD 10-11 , 8B APPROVKD AI waiTTEII. Board Meaber George sec onded the aotion . All seven a.abers v o ted i n favor of the aot i on, and the Cha i raan ruled the Fi nd i ft9s of Fac t vera approved es wr i tten. ~re KaAAI .. -eaaa .o. 11-11 . H ry A11c Planne r the pUblic h arh'9 for c ... lfo. u-u, tor Ct32 a • nanvo Circl e , by r A. ld h proof o U nd po inq . I • • • Mark A. Witt 4932 East Chenango Circle was sworn in for testimony. He atated that he preaently has a amall, aingle, detached garage with breezeway. The alope of the driveway bring• water into the garage, which ia too ••all for hi a purpoaea. He would like to r-ov• the old garage, raiae the grade and build a tvo-car attached garage. There ia nowhere alae on the property to build the garage, and there ia no roo• for it unleaa it ia permitted to en- croach into the aide yard aetback. He aaid he would pave all the way to the fence, and would have a fence vith alata. He would have to r-ove a tree, and baa already planted an- other to replace it. There vera no other apealtera for or againat the variance. The Chairman .. de the ataff report part of the record, and ataff had no further co.aenta. The Chairman cloaed the public hearing. BOARD IIDIBER SEYMOUR IIOVED THAT A VARIAIICE U GRAMTED FOR PROPER- TY LOCATED AT 4932 BAST CHDAifGO CIRCLE TO PERIIIT COIISTRUCTIOif OF All ATTACHED TWO-CAR GARAGE WHICH WOULD DCROACH TllltEE FEET Ilf'l'O THE REQOIRED SIDE YARD SETBACJt. THIS IS A VARIAIICE l"RROI THE COII- PREIIDSIVE ZOIIIIfG ORDIIIAIICE, SBCTIOif 16-4-J: II 1 c (1), WHICH UTABLISDS A IIIIfDIUII SIDE YARD SBTBACJt OF FIVE RET FOR All AT- TACKED GARAGE Ilf THE R-1-B, SIIfGLE-FAIIILY RESIDDCB DISTRICT. Board 11.-ber Waldman aeconded the 110tion. The ..-,.r• locked i n their votea and gave their finding• aa follova. 11r. Se)'IIOUr voted for the variance becauae of the exceptional abape of the property. 11a. George concurred. lla . Li9hthall voted for the variance becau-all of the condi- tion• neceaury to vrant a var i ance were -t, and the 9ara9• wou l d be an i aproveaant for the neigbborhood. llr. Doy l e u i d t h e property i a we ll kept and a one•bour fi r e va ll v ill aake it aafe . •· Shaffe r concurred. 11r. a ld.an coneurr , and aaid t 4jo1nint properti ... l conditione, and the ne i9h• by the v a ri n I • • • • • PUBLIC BEARING -CASE MO. 13-88. The Chairman opened the public hearing for Case No. 13-88, for property located at 2942 South Elati Street. He said he had proof of publication, and posting was not necessary. Dorothy Romans Acting Director of co .. unity Developaent was sworn in for teatiaony. She said the appellants, Rafael E. and Mary A. Juarez, were requesting an appeal of the strict application of Section 9-3A-2 of the Englewood Municipal Code, which section requires that at least one- half of the floor area of every habitable rooa shall have a ceiling height of at least seven feet. Rafael E. Juarez 13494 oaega circle was sworn in for teatiaony. He said that at the April aeet- ing the Board had granted two variances to faailiea which were using baaeaent bedrooaa which had ceiling heights leas than seven feet. He said that he owns a aiailar house at 2942 south Elati Street. He has been iaproving the house, and needs a variance to perait the use of a baaeaent bedroo where the height ia about 6' 3 1/2" at the door and between 6.5 feet and 6.6 feet throughout the baa .. ent. There ia currently one bedrooa in the baaeaent and a laundry roo•. There ia no bathrooa in the baa ... nt. The pi pea in the house are being replaced with copper. Ma. Lighthall asked how auch apace there ia between the house on the north aide and the fence . Mrs. Roaana said the apace ia 11 inches wide . Robb Short Housing Rehabilitation Superv i sor was sworn in tor taatiaony. H said this property ia part of the rental rehabilitation proqr .. in Whi HUD allows the Englewood Houainq Authority o .. t.Ch rehabilitation tunda hopinq to uke better rehab ill ion of rental property . The owner ia doinq SU, 000 rth rov...nta, wi t , 000 o his aon y. Th e finish • An r••• w in n 11 i h h nd nile , ao 1 ric wiring . I • • • The staff had no further co .. ant, the Chairaan incorporated the staff report into the record and closed the public hearing. BOARD MEMBER SEYMOUR MOVED THAT IN CASE 113-88, FOR PROPERTY LO- CATED AT 2942 SOUTH ELATI STREET, AN APPEAL BE GRANTED FROM THE STRICT APPLICATION OF SECTION 9-3A-2 OF THE ENGLEWOOD MUNICIPAL CODE, WHICH SECTION REQUIRES THAT AT LEAST ONE-HALF OF THE FLOOR AREA OF EVERY HABITABLE ROOM SHALL HAVE A CEILING HEIGHT OF AT LEAST SEVEN FEET. Board Meaber Doyle seconded the action. Mr. Waldaan said he went into the unit, and auch vork vaa being profeaaionally done. The ceiling height vaa not uncoafortable, and egreaa would .. ka it safe. Mr. Welker said it ia difficult to drav the line. This ia the lowest ceiling height that haa been considered, but the unit ia in better condition. The aeabera locked in their votes and gave their findings •• followa: Mr. Seyaour voted against the appeal because he believed it to be a safety hazard in case of ••oke and fire . In hia opinion, 6.5 teet ia the absolute •ini •ua height that should be peraitted. Ma. George voted for the appea l becauae the egreaa wi ndow ia a safety precaution. Ma. Lighthall voted against the appeal becauae the 6'3• ceiling height ia, in her op i nion too low. Mr. Doyle aaid he had voted for the appeal bec:auae the work Which haa been done haa been well done. Ma. Shaffer aa i d the esc ape wi ndow would be a safety feature of value regard l ess o f the u se. Mr . a l daan sa i d ther e ae egreaa wi ndows . I • • - proof of posting and publication, and asked that the staff iden- tity the request. Mary Alice Rothweiler Planner tor the City stated that the applicant, Wayne Rea, was requesting a variance tor property at 3768 South Fox Street owned by George Grahaa, to perait a garage to be constructed three inches troa the north property line. This is a variance troa the coaprehanaive Zoning Ordinance, Section 16-4-4: M 1 c, which establishes a ainiaua side yard setback of three teet tor a detached garage in the R-1-C, Single-raaily Residence District. Wayne Rea 559 Buckley Road was sworn in tor testiaony. He stated that they would like to build a tree-standing garage to take advantage of the space available. If they are required to aeet the require- aents of the Ordinance, there would be a three-toot collect- all area which would be shady and unusable. He subaitted a letter troa the adjacent property owners saying they had no intentions of building in the rear of their property, and their building is over twenty feet troa where the proposed garage would be. The placeaent of the patio vould also aake aeeting the requiraaents of the Ordinance difficult. Mr. Rea said the driveway is very narrow and long and leads back to a storage shed. The nev driveway vould coae in troa the street. The alley has a three toot retaining vall, which the new foundation vould aeet. The grade is too steep to coae in troa the alley which is very auddy. It is not, in his opinion, sate to have the doore in the back. Thera vill be no vindovs or openings in the valls which are along the property line, and they will have one-hour fire rated valls. Mr . Rea said tha the sever line vill be aoved it it ia necessary to avoid building over it, but be does not believe it is located n r he proposed garage. to th on . no I • • • Ms. Lighthall said the allay ia lower than the backyard, and ia muddy. Mr. Welker said the alley ia narrow and acceaa ia a prob- lem. Mr . Waldman said that building that cloae to the neighbor'• property might inconvenience future ownera. lla. Lighthall and Mr. Welker aaid the one-hour fire wall would give aoaa protection to the neighbor• who could alao go to the Board. The aeaber• locked in their votea and gave their finding• aa followa. Mr. Seymour voted againat the variance becauaa tha five condi- tion• ware not aet. Ma. George voted for the variance becauae the nei9hbora wouldn't be advaraaly affected and ahe a9reed that a three foot apace ia not helpful. lla. Lighthall agreed, aayinq there ia a hardahip and thia variance ia the ainiaua relief. llr. Doyle aaid he voted for the variance becauae there waa no alternative, and the property i• well kept. lla. Shaffer agreed aince the neighbora had no objection. llr. Waldman aaid the property ae ... narrow and ~e apace avail- able may make granting the variance neceaaary. llr. Welker aaid the retaining wall ia an exceptional circuaatance and he voted for the variance. When the votea were diaplayed, aix aeabera had voted for the variance, and one, llr. Seymour, had voted a9ainat it. Tbe Chair- aan decl red the variance 9ranted, and inatructed the applicant to apply to the Diviaion of Building and lafety for a building parait. Dl..c70a•l CWOICI. I . • • • 7 foot requireaent had been in exiatence for aa lonq aa we have had a buildinq code. The aeetinq adjourned at 8:50 p.a. Sheryl Rouaaea Recordinq Secretary .. 1 - • • • UNAPPROVED MifiiTES BOARD OFF A0JUSTMm AND APPEALS ENGLEWOOD, COLORADO JUNE 8, 1988 The regular 111eeting of the Englewood Board of Adjustment and Appeals was called to order by Chairman Welker at 7:30 p.m. Members present: Sey.our, George, Doyle, Waldman, Shaffer and Welker. Members absent: Lighthall. Also present: Dorothy Romans, Staff Advisor Mary Alice Rothweiler, Planner The Chairman stated the Board is authorized to grant or deny a variance by Part 3, Section 60 of the Englewood Municipal Code . He said that with six members present, five affinaative votes would be required to grant a variance . APPROVAL OF MINUTES. BOARD MEMBER SEYMOUR MOVED THAT THE MINUTES OF MAY 11, 1988 BE APPROV ED AS WRITTEN . Board MeMber Doyle seconded the .at t on . All s i x meMbers voted f n favor of the .atfon, and the Chafnaan ruled the MI -nutes of MAY 11, 1988, be approved as written . APPROVAL OF fi_,I.S OF FACT. IIOAAO MEMBER SEYMOUR MOVED THAT THE FINDINGS OF FACT 1111 CASES 12 ·18 , Jl -18 , AMO 14 ·18 , BE APPROVED AS WR I TT£111 . Board r Waldun stcondtd th IIOlfon . All s x rs ottd In favor of t tot1on , and t Cha ~" ru l td t F nd · fnc)s of Fa ct rt appro td u w i tt n. • • • • Mrs. Rothw e iler said that on page 2 of the staff report where an 18 foo l fence is indicated, the "18" is incorrect, and the report should state "8" feet. The Chairman asked that the applicant come forward for testimony . Robert Firth 4391 South Jason Street wa s sworn in for testimony. He stated that he and his family live next to a Rotolo Park, and he submitted pictures of their back yard as Exhibit 1. He said people using the Park go into their back yard, and dogs stray into it, and there is no privacy in their back yard. They would like to i nsta 11 an eight foot fence on the sides and across the back of their yard to provide that privacy. There are no neighbors on any of the sides where a fence is proposed. Hr. Firth said that the pictures showed the lack of privacy in the back yard, and where people walk along the wall along the back of the property. Hr . Se.Ylllour asked which came first, the house or the park. Hr. Firth said that the park was there first, but they had obtained the house from his father -In-l aw. Ms. Shaffer asked whether the current fence belongs to the City or to Hr . Firth. He said it is the City 's fence, but he wishes to attach the new fence to the current fence. He said he is aware that a building p nalt would be required, and the fence would have to et building requlr nts. Mr . Welker said it would be required that the fence be on Mr. Firth 's property, not the Cfty's. Ms. Shaffer asked if the eight foot fence would be about as high as the garage. Mr . Firth did not know. He said the fence would be cedar. Mr . Welker asked if the fence would be about even with the fence as It is in the rear, or four feet higher. Mr . Firth said it would be higher, but uld taper toward the front . Mr. Welker said that then the fence would be high r than the garage . There re no furt r questions fro~~ th loard. The Chatraan as ed 1 f anyone t 1st llfOU 1 d 1 vartanc • to speak tn favor of t • • • There we re no other speakers i n favor of the variance, or opposed to it . There were no further corrments f ro m the staff. Mr. Welker asked where the fence would be built, and whether the location should be addressed in the wording of the variance. Mrs. Rothweiler said she had ta 1 ked to the Parks Superintendent about the retaining wall, and whether a fence could be placed on top of it. Hr. Kavin- sky said the retaining wall is a flood control measure, and is on the City property, and he said that the fence should be put only on the applicant's property, and that it could not be installed on the retaining wall. The ap- plication asks for an eight-foot fence, which would have to be measured from the grade of the property of the applicant. Hr. Waldman said the Building Department would require certain requirements to be met for an eight foot fence. Hr. Welker said the variance would pen11it such a fence, but would have to meet the Building Depart.ent's requirements. Mr. Firth said that when he made the application he assu.ed he could build on the top of the retaining wall. Eight feet fro• the bott011 of the retaining wall would not improve his situation. Hr. Welker said the request is to allow construction on Hr. Firth's property, which is, apparently at the base of the retaining wall. Mrs. Firth said they don 't care whether or not they build on the retain i ng wall, but they want to begin at that elevation. She said that she had under - stood the Parks Superintendent to say that that would be no problH . Mr . Welker said that in Depart.ental Co.ents the Superintendent said that the fence could not be put on the City's property . Hr . Welker said that they would have to assu.e that the lower side of the wall is the applicant 's prop - erty. Mrs . Firth said that the fence 1s already about eight feet high fr011 their grade level. The Chair.an closed the public hearing. DRO fOBER SEYMOUR ..WED THAT A08ERT FIRnt IE ~A VAll-E FOR IIIOPER · TY LOCATED AT 4391 SOUTH JAsc. STREET TO ' PEIIIJIT M I fOOT SOliD WOOD FDIC£ Al015 TH£ SID£ MD REAR li•ES WHICH A8UT ROTOLO PA~a DIAl~ tMY . lltiS IS A VAlU-E FAOM TM£ COfllltOIOISIVE ZO.UC OIIDIIWIC£, SECTIO. 11 ·4 -17 : C Z Ml) J, WHICH SECTIOitS STATE THAT THE SIDE YMD f£JICES Ml) R£M YAID F ES 1• A IESIDOn'IAl DISTRICT SHAll .OT EXCEED A HUCHT Of Sll FEET . TM£ Alft.ICMT WILL IE REQUII£0 TO ET TH£ REQUIRDOTS Of THE IUILOI COO(S OITAI• A IUllOI P("'IT. 110t foe Of'lded by al n • 0 t t I . • • .. • The Chairman called for a voice vote for the amendment, and all six members present agreed to the amendment. Mr. Waldman wanted to amend the motion to make the fence measured from the park side. Ms. Reid suggested the motion be voted on before the next amendment is made. Mr. Welker said that if the Board approves the motion, there will be no fur- ther question, but if the Board disapproves it, further amendments might be offered, and the applicant can apply again. The members locked in their votes and gave their findings on the motion as amended. Mr. Seymour said that he voted for the variance as stated, because the fence did not seem abnormally high, and would not present a problem to the neighbors . Ms. George stated that she voted for the variance because of the exceptional topographic conditions. Mr . Doyle said that he voted for the variance because, after he inspected t e property, a fence seeaed advisable. Ms . Shaffer sa i d that she voted •yes• because it vould give relief to the owners of the property and it would not adversely affect the adja cen t neighbors. Mr . Waldllan said that ht voted for the variance becaust i t would not affec t the public safety or ~lfare . He said ht hoped the peoplt could work outs way of gett i ng at they really want . • 1 er sa d there art tllctptional coaditions on the property , and t sp rtt of the ordinance will not be ha.-.ct . Tht height •asured as stated s a • n var ance that affords relief . n t votts re displayed, all s • ....,.rs present hM voted for t vartanc as nttrpreted by the Board . • lker instructed the appl tc t to ly for tMt lding perwtts for an tight foot fence •asured on the appltc 11t' s stde oft retaining wall • • CAS[ 111 ·11 . on Cas 16 · for p rty loc t proof of post fl'll aftd publtu s I • • - Mindy L. Bothel 2915 South Corona Street was sworn in for testimony. She said her house is very small, with no storage. The garage would come off her very small kitchen area where the laundry facilities are located. The laundry facilities would be moved out to the garage right next to the house. She presently has a dirt driveway which she would cement, and she plans a front porch and cover. Ms. Shaffer asked where the carport would be. Ms. Bothel said it would be in the front of the one·car garage. Mr. Welker said that one·hour construction on the wall along the side property line would be required if the variance were granted. Ms. Shaffer asked if there would be a rea- son why the gange could not be off the alley. Ms. Bothel objected to having to go through the alley in the winter time. She wants the garage close to the house. There were no further questions from the Board. The Chairman asked if there were any other speaker for the variance. Frank Rozek 2921 South Corona was sworn in for testi.any. He said he had no objection to having the garage six inches fr011 the property line, but would like to know if a survey would be required, and if the sfx inches included the eaves. He said that he Is concerned about the builders going on his property while the garage Is being built . He said the garage would be about six fe t fro. his carport. Mr. Doyle asked about the overhang and gutters . Mr . elker said the ap - plicant would not be all d to have anything over the prop rty line, although the eaves •lght go closer than the six inch s, unless the Board Makes a stat..ent not pe~ltting that . Mr . Rozek said that he is con - cerned that If the eaves are too close, h •lght ha e probl s sell i ng hts property later, and he Is concerned that t y y not prec i sely ere the property ltne Is . I • t • • REQUIRED THREE FOOT SETBACK ON THE SOUTH SIDE PROPERTY LINE. THIS IS A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE, SECTION 16.4 -4: H 1 c, WHICH ESTABLISHES THE HINIHUH SIDE YARD SETBACK IN THE R-1-C, SINGLE-FAMILY RESIDENCE DISTRICT. Board Member Seymour seconded the motion. The members locked in their votes and gave their findings as follows: Mr. Se,YIIIOur said that he voted against the varhnce because no variance is really necessary. They can enter the garage differently, and it could be placed in a different location on the site. Ms. George said that she voted against the variance because the garage could be aade s .. ller or the laundry facility located els.where. Mr. Doyle said that he voted "no" because there is a possibility of drainage probleas and the structure could be built in a different area. Ms. Shaffer said that she voted "no" for the sa .. reasons. Mr. Waldaan stated that he voted "no" because none of the conditions for granting 1 variance were t . Mr. Welker said there are other options, there is potential daaage to the neighborhood, and future neighbors •lght object . There do not se to be ex - ceptional clrcu.stances. en the votes re dhpla,yed, all six granting the variance . rs present had voted against -CAS( •• 17-11. T C alraan opened th public ear ng,. stat ng he had proof of publicat i on and po&ting, and as ng that t staff tdeflt fy t requ st . -• • • Hr. Seymour said that there is already a fence there. Hr. Ramos said he had begun the work when he was told that he would have to get a permit. Then he was denied the permit because of the height 1 imitation to 42 inches. He does not want people to be able see his children in the back yard, and the bedroo. and bathroom windows are visible from the sidewalk which goes along West Dartmouth Avenue. He did get letters of agreement from the neighbors. The Chairman asked if there were other speakers for the variance. Edward E. Payne 1900 East Girard Place was sworn in for testi.,ny. He said he ts in favor of granting the variance. He said he does not know the applicant, but ts a property owner in the sa.e block. The house is well built, and the fence is also well built. The site ltne is adequate for seeing traffic approaching. There ts no public nuisance here, in hts opinion. He owns property at 3066 South Fox. There were no questions. The Chainaan asked if there were other speakers for the variance. Connie Young 509 West Dart.outh was sworn in for testi.,ny . She said they 1 ive right behind the Ra.,s ' yard . They 1 ike the fence because tt gives th" .,re privacy and cuts down on the noise. There were no further speakers for or 19ainst the variance. The Chainaan asked that the staff report be lllde part of the record, and whether there were further Co.tftts fro~~ Staff . ""s . Roeans utd there were not. The Chainaan closed the public hearing. lOUD U DOYLE £0 114AT Ul CASE MO . 17 ·11, J S AMOS BE GRANTED A VARIMCE FOR PtiOPERTY lOCATED AT 3073 SOUTH ELATI STREET, TO PERIUT TME CC*· STRUCTIC* Of A SOliD Sll·fOOT f[ E C* T PtiOPERTY liNE PARAllEl TO WEST DARnomt AV (. THIS IS A V I E fROIII THE COift£ME' IV£ ZC*ING ORDINANCE. SECTICII 16 ·4·17 : C 3, ICH STATES, •1r A RtAR YARD Of ell£ PtiOPERTY ABUTS THE SIDE YARD Of M ADJOl PIIOP(ITY, TH£ H£1GHT Of A FE E CC*STRUCTEO IN FROHT Of TH f T IUllDI Of TH HOUSE C* TN ADJOINI PIIOP£RTY SHAll NOT XC ED 4l I s.• l ttOft. l t' l r f nd s foll 11 t1 I • - • •• • • Ms. Shaffer said she voted "yes" because the visibility in both direct i ons was clear when she checked it. Mr. Waldman stated that he voted •yes• because the lot is of exceptional shape and size and privacy would be afforded. There were no neighbors who objected. Mr. Welker said that he voted •yes• because of the shape and shallowness of the lot. The neighborhood and City would not be adversely affected, and the site line was adequate. The spirit of the Ordinance would be observed. When the votes were displayed, there were five votes in hvor and one (Mr. Se~ur's) which was opposed. The Chair.an said the variance was granted, and Mr. Raos should obtain a building pen1it. DllftTOI'S CHOICE. Mrs. R0111ns introduced Mr. llanush who is the new Director of C-.n i ty DeveloPMnt. He will be attending occasional .etings of the Board. The Board we 1 co.ed Mr. Vanush to the City. Mrs. ROllins rainded the Board there would be a special .eting on the ZZnd of June on the Trolley Square project. Only Ms. Lighthall is unable to attend. Mrs. R0111ns noted that the house in the last case was one of the houses relo - cated by the Urbana Renewal Authority. Ano.EY'S CHOICE. Ms. Reid said she had cautioned the loard in .ending the first case because the difference between eight and ten foot fences is so great that staff •1ght have lllde differet~t ca.ents, and this change would have gone to the •heart of the applicatiOft•. The applicant does have a bash for c•ing back to ulr. for a change because there was a •hunderstanding as to whether the fence would be coastructed Oft the applicant 's property or Oft the retaining wall which is Ctty property . 'S C.ICI • • Ceortt asQcl tf the spectal IIOU1d . ounttd at t : 10 P·•· t ing lei be at 7 :30. s. a...ns said it • • • • • ENGLEWOOD DOnn'OWII DEVELOPM!KT AuntOltl'n' 3535 South Sher.an -Enalevood , ro 80110 Minutes May 11, 1988 Board Meabera Present: Boa 11i, Cole .. n, Green, Hathavay, Pendleton Board .-b rs Ab nt: Staff l'r sent: Cue ts and Visitors: tin r t all t o Hale, Hilg r, To.ooka P. Dietrich, H. Hiller Dorothy Dalqu1st, Dick Hinson, 1111 Schultz Plstou, I . Minutes Kay II, 1988 Page 'l\.ro • • • 2300 large and small retailer members. Kr. Schultz stated that the Retail Counci~ is very successful in lobbying for the retailers, with all ten isaues presented to the legislature in the past five years having been resolved in favor of the industry. He also noted the other areas that have recently been brou~ht to the State's attention; shoplifting and bankruptices, and their effecta on retailers. With a projected 3% increaae in econoaic growth in the State, for each of the next five years, retailera will benefit froa this. Tbia will c reate approximately 6,200 new r tail jobs in 1988, for Colorado. Board oint~~rnt Statu Joe Wharry vh o was appointed by the City Council to the EDnA Board of Direc tora is no longer e~loy d in the c entral buaineaa diatrict ther by aakin& hi• in- eligible to serv on th Board. Accordin to • Bath~ay, Cary Oxaan wi ll be appoint d by City Council to r place Mr. Wharry ffectiv Ha y 1 , 1988. 1 atlll th Board that h had r c ived an add r fll!ct:ln th r du ti in r nt fro foot. nd d that t 111 ., f r cl It 10 . d b • - Minutes Hay 11, 1988 Page Three • • • Little Dry Creek -It is expected that the Little Dry Creek project will be complete by the end of August. DIRECTOR'S REPORT H.. Dietrich gave a brief report of the projects that were ca.pleted in her absence: The Ecooo8ic Profile -The Profile waa aailed to 315 Broker/lealtora in the South Suburban area. This project waa successful aa there baa been DOtable re- sponse froa the .. ilin&· Several Broker/lealtora indicated that the info~tion vill be very useful to thea as well aa their clients. Swedish Medical Center -The coupons donated by the Cinderella City Merchant s ' A .. o c iation were collated and put into 2,000 ahoppin& baas which vere a lao donated by the Cinderella City Merchants' Asso c iation. The baa• ver pre nt d to the Swedish Medical Center ..,loyeea on Monday, H.y 9. Mr. len Platou no t d that th response vaa v ry positive and the e~~ployeea ver duly eurpria d. Bot thi s proj c t and the Ec onoaic Profile aailins vere coordinated by Marsi Hiller. Cent nial Cha.ber of Co r ca S,rin , 191 lo,..ot n po 1 lv re co itlon . I . - Minutes May 11, 1988 Page Four • • • Mr. Barry Coleaan requested that the EDDA contribute $500.00 to the 1988 Busi- ness Fair sponsored by the Englewood Cha.ber of Co.-erce, vbich is scheduled for Septe~er 30 and October 1 at Cinderella City. He noted that laat year the EDDA contributed $335.00 for postage as well as absorbing the coats of so~ printing. Additionally there vaa considerable staff ti~ donated. Mr. Col-.a .wed, aecooded by Mr . Pendleton to contribute the $500.00 to the Buaioes a Fair. Discussion ensued. A full accounting of how thia 80DeY ia apeat will be given to the EDDA. The .ation paaaed unani.aualy by voice vote. Dorothy Dalquiat noted that over $11,000 haa been dooated to the rutoration o f the Cherrelyn Trolley Car. Fa~re' Marke t ia still look.in for a location in downtown &tgl d for 19 M ther va a no further buain , th tin• va adjourn at 1:40 P·•· I • • • Englewood Parks and Recreation Commission Minutes of May 12, 1988 The regular monthly meeting of the Englewood Parks and Recreation Commis- sion was called to order at 5:30 p.m. by Chairman Neyer at the Englewood Municipal Golf Course Clubhouse . M mb rs present : Armstrong, Braucht, Clayton, Gomes, Hathaway, Kozacek, Neyer, Vanderleest, Wiggins, Kuhn, ex officio M mbers absent : Non Also pr s n : Jim Kavtnsky , Parks Superintendent Chairman y r ask d if there wer any additions or corrections to the minu s of April 14 , 1988 . Th re were none. A mo ion was aade and seconded that th minu s b approv d as pr sent d . The mo ion passed . Chairman d ha the conaitt e he Cla • Ci tl ., Cl 9 I • • • I • .. Dir ctor Kuhn reporte d he has completed estimates on lighting the golf course driving range as did Golf Course Manager Allard and Golf Pro Kindahl . Kuhn s ated that his estimate of $55,000 does not include costs of providing r stroom facili ies, but stated that it will be necessary to provide restroom facilities for the five months of the year that the driving range will be open for additiona l evening hours . Estimated additional range revenue fro• evening operation is $48,000 . This would make a payback period of approximately one and on half years . Kuhn stated t hat the Golf Pro and Golf Course Manager each made estimate s of a more conservative nature -annual revenue of approxi - mately $30,000 and first year expense of approximately $40,000 . Discussion included use of portable restroom facilities at the driving range site until a permanent facility coul d be constructed, installing a telephone , interc om sys- tem or walkie ta lkie in the range shed for security purposes, etc . Director Kuhn stated h will update the initial cost figures and prepare a chart show- ing the cost and revenue figures as determined by Kuhn , Allard and Xindahl, and then request that Acting City Manager Vargas put this matter on the agenda for City Council's consideration. Director Kuhn reviewed a draf of an agreement for golf instruc ion a th Engl wood Municipal Golf Course . He stated that such an agreeaent is desirable in order to maintain the quality of instruction that is being given at the golf course . Kuhn stated that qualified instructors will be selected by the Golf Pro and Golf Coutse Manager and approved by the Director of Parks and Recreation . After soa discussion with r gard to the selection proc as , liabilit insurance, etc ., co .. ission r Kozac k mad a .otion. seconded by co .. laaion r Wiggins, to ace pt th Agr n for Golf Instructors a Engle · wood Hu l c ipal Col Cours a d au •it it to City Council for approval . Th .o ion paas ad unani•oua l a draft of a Tournaaen H stated th this agr and a c h dulin n le - a .. thod I • • • Under Director's choice, Director Kuhn announced that there will be a resignation coffee for City Manager McCown on May 13 . He also stated that there will be a celebration of the 85th anniversary of the incorporation of Englewood on May 13 if anyone would like to attend . Director Kuhn reported, for the Commission's information , that a Parks employee has been arrested for selling drugs while on duty and has been put on suspension with pay pending the outcome of the investigation . There was some discussion with regard to vandalism in the parks becoming a greater probl m with the discontinuation of the Police Reserve program . Parks Supt. Kavinsky stated that staff is currently keeping a record of the types, location and cost of vandalism and will make a report to the Commission at the end of th summer . Youth Commissioner Hatha way reported that he received a phone call from a senior citiz n a king why the senior citizen swimming passes are no longer availabl at a discount rate. Kuhn explain d that at the recomm ndation of the Malley Senior Center s af senior ra es a the recreation center have be n discontinu d b cause it is the national consensus that senior ci izens have more sp ndable incom than the average younger family . Hathawa y request- d that a letter of explanation b sent to this s nior citiz n for whom h will provide a name and an addr ss Youth Co.misaion r Hath way ask d about th de erioratin condi ion of the graas and bush s along Little Dry Cr ak . Parks Supt . Kavinsky explain d tha aain nanc atill fall s und r the jurisdiction of th contractor held co .. issio r Arastrong inquired about the Sprin April 23 at th En 1 wood R creation Ce nter . approxi .. t ly 70 ids in a t ndanc • at a back -to-school dane ia b ing Shuffl danea which was Dir c or Kuhn reported Youth Coamission r Van - plano d for th Fall . I . - • • • He stated that he would be able to get a copy of the tape and show it at the Commission meeting in June . The Commission agreed . In light of the recent news items regarding playground safety, the Com- mission requested that staff prepare a press release for the Englewood Citizen to inform the public that the Englewood Parks and Recreation Depart.ent has adopted the National Standards on playground safety and conformed it's play- grounds to meet these standards . The meeting was adjourned at 8 :00 p.m . Linda Wilks, Recording Secretary I • • • • • ENGLEWOOD LIQUOR LICENSING AUTHORITY June 1, 1988 The regular meeting of the Englewood liquor licensing Authority was called to order by Chairaan Styes at 7:37 P·•· Present: Absent: Waddell, Mclaughlin, Boa~n. lunders, Styes None Also present : Charles Gri .. , Assistant City Attorney Patricia H. Crow, City Clerk A quoru. was present. • * * • • The appl i cation for Transfer of Ownership forM l P liquors, Inc ., dba Thorobred l i quors , 5050 South Federal Boulevard was received. Chainaan Styes noted that new i nfo~tion regarding the lease had just been sublitted and advised the Authority would review it before proceeding . Bruc e Wyatt, Attorney at law, Supre.e Court No . 9540 , and Mr . Ph i llip lucero , the app licant , responded to questions fro. the Author i ty regarding the Tran s fer of Ownership . Ci ty Clerk Crow pointed out that the lease appeared to be i n Mr . lucero 's n ... ; State statute requires the least to be in then ... of the applicant , and i n th i s case the applicant is a corporation . Mr . Wyatt expla i ned the teru of the SIA loan, and he noted that they are wa i t i ng for f i nal approval . Ohcussi on en s ued regarding the lease and the loan . Mr . Aco s ta, the cu rrent owner, requested that the Author i ty approve th i s appl tc at !on toni ght a s the trans i tion per t od t s causint ht • probl .... It LUNOUS O ED, IIOIEit ...... S(CGI)(D, TO APNDVE THE TltMS FE it Of ERSHIP FOR THOIOIR£D lJ QUORS , 5050 SOUTH FEDEW. IOUl EYMD FD JOSE A. • ACOSTA All) ELAI I . ACOSTA TO M l P LJQUORS, INC . 001 IUSI N(SS AT THE LOCATION SUIJ[CT TO THE OITAJIUMQ Of PIOPER fl I MD THE PROPER DOC NTATJQN T FERRIIC THE LEASE AID torfaACTS C[SSARY TO SATISFY QUJR£0 STttuTES . A1 s : addtll, Uutfllin, L rs, St s ays : loarGu" Absta n : e Ab nt : ne t on eerri • • • • • I . -• • • Chairman Styes announced the Authority was holding a public hearing to determine whether the Hotel and Restaurant Liquor license of Colorado Twenty One, Inc. d/b/a Paddy Boots should be suspended or revoked because of certain allegations of violations. MEMBER BOARDMAN MOVED, MEMBER LUNDERS SECONDED, THAT THE ENGLEWOOD LIQUOR LICENSING AUTHORITY CONVENE IN PUBLIC HEARING TO CONSIDER IF THE HOTEL AND RESTAURANT LIQUOR LICENSE NOW HELD BY PADDY BOOTS, 5180 SOUTH BROADWAY, ENGLEWOOD, COLORADO SHOULD BE SUSPENDED OR REVOKED . Ayes: Waddell, Mclaughlin, Boa~n. Lunders, Styes Nays: None Abstain: None Absent: None Motion carried. Roll was called: Present : Absent : A quoru. was present. Waddell, Mclaughlin, Boa~n. Lunders, Styes None City Clerk Crow introduced into the record the following docu.ents identified as: City Exhibit 1 Certified Notice dated April Z6, 1988, addressed to: Colorado Twenty One, Inc. Paddy Boots 5180 South Broadway Engl~. Colorado 80110-6706 J ... s H. Furry, President Colorado Twenty One, Inc. 3008 Main Street Santa Monica, California 90405 Clenn J. Hester, Secretary/Treasurer Colorado T nty One, Inc. 410 East Mineral Court littleton, Colorado 801ZZ Rfc ard St ur , Operating Mana9tr Paddtloots 3340 South Ivy ay Otftv r, Colorado 80ZZl • z • let for Color o 0 I • • • City Clerk Crow noted that the Notice addressed to Richard Seymour, Operating Manager, was returned unclai.ed. Evidence of the receipt of Notice to all other addresses was attached to Exhibit 1. City Exhibit 2 Copy of City of Englewood liquor license issued to Colorado Twenty One, Inc. dba Paddy Boots at 5180 South Broadway, covering the period October 18, 1987, to expire October 18, 1988. City Exhibit 3 Copy of State of Colorado liquor license held by Colorado Twenty One, Inc. dba Paddy Boots, covering the sa.e period. The respondent was represented by To. W. La.., Supre.e Court No. 2781. The presenters on behalf of the City were Sgt. To. Bock and John Knoth, Detectives for the Englewood Police Oepart~nt. Chain~an Styes explained that this would be an a~inistrative hearing, that strict rules of evidence as they apply in courts of law are not applicable. He outlined the procedure to be followed, stating that all persons testifying .ust be sworn in, with the exception of the attorney . Sgt . To. Bock, duly sworn, stated that both parties had reached a proposed agree nt. He stated that both parties understood that the liquor licensing Authority had the power to change or .adify the rec~ndation. If the Authority should .adify the rec~ndation, the Police Oepart~nt and Mr. La• would reserve the right to withdraw fro. the stipulation and would request the Show Cause HearincJ be continued. Mr. l briefly stated that the agree.ent was fair to both parties. He explained that he felt Paddy Boots does an exceptional job of training their personnel, but they recognized there 1s always 1"0011 for ltiiProv.-nt. Mr . l stated that iiiJProved co.untcatton with the Police Depart•nt would help • great deal and officers of the depart .. nt have been invited to attend so.e of their trainlnt sessions . r lunders QU4Sttontd ther Colorado Tw.nty One, Inc., dba Paddy loots, could be ,..quired to wtht the right to • 30 dt,y notlu If there were tny furt r vtolttlons during the 1 ctnst y ar . Assistant Ctty Attorney 'rl conft t •t any r g t can bt ved . Nr . l stated • Furry and Ht t r ld bot to wet e t at right f so rte~Utsted . t s. I -• • • Hr. Lamm requested that before any deterMination of the suspension be considered he be allowed to aake a state~nt in •itigation on the suspension period. Discussion ensued which resulted in Meaber Lunders withdrawing his second to the motion. As no other second was offered, the .ation died. The Authority, Mr. Gri .. , Clerk Crow, Sgt. Bock, Mr. Knoth, and Mr. La .. withdrew to Executive Session at 8:50 p.•. The ~eting was reconvened at 9:05 p.m. with all ...O.rs present. Chain.an Styes asked if either party wished to .. ke a stat ... nt. Hr . La .. stated that Mr. Furry and Mr. Hester were present and .auld be happy to respond to any questions the Authority •ight have. HI explained that the incident involving the assault of Mr. Chavez happened very quickly . As near as they could tell, Mr. Chavez was attacked between the double doors in the entry way, dragged outside and brutally beaten. Personnel fro. Paddy loots i.-ediately intervened and called the police. Mr. L ... noted that the other incident involving Ms . Gr .. ling •frankly dropped through a crack•. HI explained that she was with a group of friends and never personally approached the bar. Other _.rs of her group obtained the alcohol . She left her table to go to the ladies rooa. The .. nager found her passed out in the ladies rooa and notified the authorities. Mr . L ... asked the Board to give sa.. conside ration in ten~s of the days of suspension . He stated that any days, other than weekdays, .auld have a disastrous financial i~act which .auld affect the staff and all others who are involved with the establishlent . Mr . J ... s Furry, President of Colorado Twenty One, addressed the Authority . HI stated hh c~any had been ruftning thh type of busfn.ss for Z5 years and considered theaselves responsible operators . He said that •yes, they -.de a •htate•, but they are going to correct it . HI responded to questfons fro. the Authority . Ofscusston ensued . THE FOllOWI MOTION WHICH WAS SECCII)(t) IY R • • • I . • • • MEMBER BOARDMAN MADE THE FOllOWING MOTION: "That the license be suspended for twelve (1Z) days, ten (10) days held in abeyance until the license is up for renewal, two (Z) days to be served the first Friday and first Saturday of June 1988•. MEMBER lUNOERS REQUESTED AN AMENDMENT TO THE MOTION: "further that the 30 day require.ent for a public hearing on any future violations be waived by the interested parties involved•. MEMBER 80AROHAN ACCEPTED THE AHEJOIOO TO HIS MOTION. THE MOTION AS AMENDED WAS SECOND£0 BY MEJitBER NCLAUGHUN. Chair..n Styes confir.ed that Mr. l ... , Mr. Furry and Mr. Hester understood and agreed to waiving the thirty day notice in the event there is another violation. They expressed verbal agree.ent. Vote results: ~es: Nays: Abstain: Absent: MotiOfl carried. Mclaughlin, Boardaan, lunders, Styes Waddell None None Mr. Ciri• quest10Md wftether there would be 1 withdrawal froe either side . Both Mr . l-afld Sgt . lock tfldtcated they would not be withdrawing. Mr. l-asked for clartftcaUOft of the enct tt• of suspensiOfl. .._.r lUftdtrs stated that the effective dates of susPtftston would be June J, 1111 at 1Z:01 •·•· through Jufte 4, 1111 at JZ :OO •tdntght . MEM8£R ICWOwt MOV£0. NOel:R lUIURS S[CCIIO£D, TO ClOSE THE SHOW CAliS£ HEM INC . ~·: ll.tys : Absta i n: Absent : t 011 carr t ed . c us rt t y cottt 11 '" It t : 0 I'· • Oft l , Jill . ...... h r s Uf th 111 r a " t . • • • • • • • • - • • • • HfHBfR 80ARDHAN MOVED, MEMBER MCLAUGHLIN SECONDED, TO APPROVE TH£ TflfPHON£ POLL RESULTS IN LIEU OF TH£ REGULAR HEfTING HAY 18, 1988. ~es: Waddell, Mclaughlin, Boardain, Styes Nays: None Abstain : Lunders Absent: None Motion carried . * * * * * MEMBER LUfl)fRS fiW£0, M£MB£R MCLAUGHLIN SECONDED, TO APPROVE THE JWIAGfR REGISTRATION FOR DONALD DEAN WILTGEN, Q SUPERETTE, 2000 WEST EVANS. ~es : Waddell, Mclaughlin, Boardain, Lunders, Styes Nays : None Absta i n: None Absent : None Mot ion carried. * * * * * Ci ty Clerk Crow briefed the Authority on the status of the ~iftcation of pr .. tse and the Change of Corporate Structure of H-.pden West , 3517 South Elati Street. Disc uss i on ensued . MEMBER LUfi)ERS fiWfD, MOllER 80AR11W1 SECONDro, THAT KATHLEEN IWUtiSON, PRESIDENT AND GENERAL MANAGER OF HAMPDEN WEST B£ SUMMONED IN WRITING TO APPEAR BEFORE THIS BOARD TO EXPLAIN THE PROCEDURES PRESENTLY BEING COfllUCTfD BY THEIR CORPORATION I N REGARD TO THE tW1P0EN WEST MODIFICATIONS . ~s : Wadde 11 , McLaugfiH n, Boar"dun, Lunders, Styes fllys : None Abstain : None Absent : None Mot ton Clrr led . * * * * * Ct t y Clerk Crow notified the Authority of the follow ing pending -.tters : Transfer of Ownership -Th anh Restaurant to Wah lftt Rest aur ant Chang of Corporate Structure - Q Superette Min Mart 7-Elev n S ppers pl cation for Hotel /Rest ur nt L c ns -C ardas •••• * Th Aut ortty 19 th C ty 's C ~fntstretor , al rodttskt bt to ttt nd t Jun JS , 1981 ttng t, tdvfst t Author ty on th h us of t build pe t f sued to Hlllpdtft st • • ••• I . • • • "r. Gri .. ldv1sed the Authority that he will be on v1c1t1on July I, 1988 to July 18, 1988. * * * * * The ... ting ldjourned 1t 9:50 p.•. • 7 • • • • • • • DIILEVOOD LIQUOILJCEJUJ. AIITHOIIn Results of Telephone Poll tn lieu of May 18, 1988 Meeting On May 18, 1988 the lllllbtrs of the Englewood liquor licensing Authority were polled via telephone by the City Clerk with the following results: 2 (a) Approval of May 4, 1988 •inutes 3 (a) Approval of Change of Corporate Structure -Circle K, 2901 South Broadway 3 (b) Approval of Change of Corporate Structure -Englewood liquor Corporation, 3531-K South logan 4 (a) Approval of renewal -7-Eleven, 3501 South logan Ayes: Unable to reach by phone: Vaddtll, Nclaughltn, Boardun, Styes lundtrs Minutes of May 4, 1111, Change of Corporate Structure for Circle K and Englewood Ltquor CorporatiOfl , aftd ...._al for 7-Eleven •re approved . I . • • • STIPULATION BEHIEEN PARTIES IN THE HEARING OF THC: MATTER COI~CERIH IJG COLORADO TWENT Y ONE. 1 NC . DBA PADDY BOOTS BEFOPE THE CITY OF ENGLEWOOD LIQUOR LICENSING AUTHORIT Y ON JUNE 1. 1989 It is n•r•by stlpulat•d to b y th• und•rsion•d . S•r9eon t Tho~•• N. Bock of th• En9l•wood Pol1c• D•pa rtment on t•half of th• citi:•n• of Engl •wood. To~ W. Lam~. Atto rney a t L aw r•pr•sentinc;a Color a do Twer.t y On•. Incorporated db& F'10 dd v Soots, ~190 S. Broadway, En 9 lewoo d, Arapahoe. Colorado an d James Hest•r, R•~ional Man~g•r of Co l o r ~do Twen t y On e, I n cor- por a ted, that t he follow1 n 9 facts ar• true an d acc~r•t•: I. A . T~a t c~ ~arch 1 1, 1998 at ~p~ro 1mately 1::15 B . c. D. A.M •• Mlc ••1 Chav •% IJOB 0~-05-~3 \ w•s a•sauite j 1n t •• ~arl 1 n 9 1 o t of F'add Bc-ots . ~1 80 5. E'r::>ad- way . Englewood . ~rap& c•. Color•do b~ o~• Jos•ph C::-rdova • t·~a 1.•5-::Ct -ol). at durin;~ t • • 'RI'\1 9 o;.~rs of ~. rc., 1·:•. 1ees. bo h C-:a ·= an d Cordo.1a d b ·~ con l.l tr ln~ • co- hol1c I:• eraQe s :.n d c: t~ ::1 l"lft·&el 4 1n w 11• 1"\ t h e Sl T at Jus t pr1or o Ch •: fro• i~sld • ~·,. 1no lot of •• sault t o~: pl&c:•. 7. F'add Bee ts and Ccr':!o • ... .. con-• row::! j OO!"C>C l :loJS n:-.e-r •••• • •••u lt. Cordova o~.•ll•d P&dd Boots outsioe 1nto ~"• b • r••• w er• t • ac: ual ••- •• l.lQU r L - I . -• • • STIP ULATrOt~ F:Es Pf..I:•DY BOOTS JU I ~E 1, 1989 PAGE 2 JJ. E. Th at thtt ttv ttn ts Sl.•r r o Lon d i ng U ·,tt ••sault o f l'tict••ttl Ch a •ttz t y Josttph Co rdo a on Paddy Boots property con stitu t e d a v iol a tl.c•n ag ainst Colorado State Liou o r Llc ttn se • 2~-37 9 0 7 un der Color a do State Li - quor Code PttQu l a tl on a 47-105.1. CONDUCT OF ESTABLI~T A. Ordttrliness, Loiterin9, S.rvin9 of Intoxicated P•rsons. Each person licensed und•r this Articl• shall conduct his l i censed pr••is•s in a decent, ord•rly and r•a~tabl• •anner, and shall not per•it on his l i cen .. d pr .. is .. the servinQ or loiterinv of an apparently i ntox icated person or habitual drun k ard, n or shall he perait profanity . rONdin•sa, undu• noi .. , o r other d iaturbanc•s o r activity offense the sen ... of the a v erave clti:en, or to the r .. identa o f the n •i9hborhood i n Nhi c h the 1 i cen .. d .. tabl i ahaent i s located. .-, t j~ 00: rc; I:'~, 1C" a~· Wen fl:'~rO 1 tttly 91'!.•) .M. • •d 111 !>·) .1'1 •• o e T1n a Gra l1n" 1 08 D. • Z-l:-) t.;:~ a ~t>tt::S Malt. V1n~• or £;ur1tue a 11.- Quor at add f o~t• ~1 ) $. ro dwa • E ~~ w~::S. ~r•p•• e, Ccloraoo. - I • -• • • STlF'ULATION f::Es PADD Y BOOTS JUIJE 1. 1988 PAGE 3 E. That th• •v •n ts •u rrou ndinQ th• incid•nt involv i ng Tina Graml i ng on March 20 , 1988 on Paddy Boots ~ro~•rtv con st1tut•d a v iolation against Lic•n •• • 22-3790 7 und •r Colorado Stat• R•v i•ed Statuter 12-47-128. lM.AWfl.L ACTS-&AfGLINB. ( 1) It i• unlaw-fu 1 for any p.r~ 1 (a) To .. 11, serve, give away, dispo .. of, ••- change, or deliver or P.r•it tn. .. le, -rv- ing, giving or procuring of any .. lt, vinous, or spirituou• liquor ta or for any per~ un - der tn. age of twenty-one years, to a vi•ibly in toxi cated p.rson, or to a k na.n habitual drun k ard. £ ;r•~ •rd sti~u lated o b the •!o~ llst•d P•r t les on Jun• 1, l9E9. T 0111•s N. Boc~ tergeant Engl e ~~ P.o. J c. d • Tom W. L• m Attorn at L•~ L•;a l R•pr•ser.ta t1 ·• for Colorado Twe t O~e . Jrc. dba P4U$dy oota dd ,. 00 • I . • • .. - DR APT ENGLEWOOD URIAN RENEVAL AUTHORITY JUNE 1, 1088 I . CALL TO ORDER. The regulAr .eeting of the Englewood Urb1n RenewAl Authority w1s cAlled to order 1t 5:45 P. M. by Ch1ina1n Robert Voth. Members present : Mcintyre, Minnick, Totton, VAnDyke, Voth AlternAte Me.ber Hinson Executive Director/Executive SecretAry W.. R. Hinson Members Absent : Cole, KeenA AlternAte Me.ber DAugherty Also present: Peter H. V1rg1s, Acting City ManAger Densel R1gl1nd, Director of Engineering Services Penny Dietrich, Executive Director of EDOA II. Ch alr.~n Yoth stated thAt the Minutes of May 4 , 1988 were to be considered for ApprovAl . Mcintyre 110ved : Minnick seconded : The Minutes of May 4 , 1988 be approved as wr itten . AYES : Mcintyre, Mlnn ck, Totton, VanDyk e, Yoth NAYS : ne ABSTAIN : None ABSENT : Cole, n1 The 110t on carr II I. UTIFICATIM Of LIICOI ClOSI. DOCUIDITS so ut on r s o 1 • • • I • ' • • Minnick seconded: The Englewood Urban Renewal Authority approve and adopt Resolution 18, Series of 1988, A RESOLUTION OF THE EN&LE- VOOO URBAN RENEWAL AUTHORITY TO UTIFY DOCUIIENTS SUPPLDIEN- TAL TO THE SALE OF THE OLD ICIN& SOOP£1'5 SITE TO LIIICOit PROPERTIES OF COLORADO, INC. AYES: Mcintyre, Minnick, Totton, VanDyke , Voth NAYS: None ABSTAIN: None ABSENT: Keena, Cole The motion carried. IV . Mr. Hinson presented a proposed Resolution 17, Series of 1988, which ... nds the EURA Budget for 1987. Mr. Hinson pointed out that this does not increase the 1110unt of the budget, but 11erely allocates appropriated funds to the ac -counts to which expenditures were charged. Totton 110ved : Mln•tck seconded : Th Englewood Urban Renewal Authority approve and adopt Resolution 17, Series of 1988, A IESOLUTJOI OF THE £11L£- WOOD UUM IEJOAL AUTHORITY ..... TH£ 1117 IUDKT. AYES: NAYS : ABSTAIN : ABSENT : Intyre, Minn ick, Totton, VanDyk , Voth None ,.. Col , Ke na Th ton carried. V. lELOCATIOijSTORA5E IEN(FITS oyce H sc 01 I ' • • ,. • Minnick moved: Mcintyre seconded: The EURA authorize pa~nt of $13,578.00 to Mrs. Hirsche for storage of .aterials and ~rchandise fro. her proper - ties at 211 West Ha~en Avenue and 3463 South Bannock Street. AYES: Minnick, Totton, VanDyke, Voth, Mcintyre NAYS: None ABSTAIN: None ABSENT: Cole, Keena The .ation carried. VI. LOM TO EUU FlOfl CITY Of EIRDOGD loan NOte fR-2 Resolution 19, Series of 1988 Mr . Hinson stated that on May 2, 1981, City Council authorized the loaning of an additional $170,000 to the EURA for the Cherokee tntersectton realtg-.nt and aC.inistrative expenses. Mr . Hinson stated that Loan Note IR -2 has been prepared, which obligates the Authority to repay the loan to the Cfty, and sets forth the ~chants. for that loan repa,..nt. Mcintyre .aved: Totton seconded: The EURA approve and adopt Resolution 19, Series of 1918, A I£SOLUTI• OF THE u.t..D1DC1t ..... 1DDM. AIITHDIITY TO IS- SUE A I'ICIIIISSOIY IDT( TO THE CITY OF fMI DICit II THE M1U1T OF S 170,000. AYES : Totton, VanDyke, Voth , Mcintyre, Mfnnfclt NAYS: None ABSTAIN : None ABSENT : Cole, K .. na The •t ton carried. VI. VII. CONSTRUCTION REPORT. Ullard l Clark Randall l Blake • • • Hs. Ragland reported that work on the little Dry Creek project west of South Broadway continues to progress well. There have been sa.e disagree.ents with the contractors working on the Tra.-ell Crow project, but these have been re - solved. The Bannock Street arbor •ay be ready for installation within the next week or so. Hs . Ragland stated that the Fabridam is also ready for in- stallation, but they are holding off until the debris is re.oved fro. the Creek as a result of the rain stona in Hay. Hs . Ragland stated that she had discussed the possibility of a fonaal dedication of the little Dry Creek Proj- ect with the representatives of Lillard & Clark, citing a possible date of August 28, and they seemed to feel that the project would be co.pleted by that date . Hs. Ragland stated that e.ployees of RBI have been on the little Dry Creek job east of Broadway on a sporadic basts. The plantings which were winter -killed have been replaced, and sod Is being installed on the south side by the Deten - tion Pond. Jefferson Drive east of South Logan Street has been paved . Hs . Ragland discussed the effect of the Hay ralnstona on this portion of little Dry Creek, and noted that there wa s on wa shout upstre .. of U.S. 285. Hs . Ragland stated that the stona washed a lot of debris and silt down Into the Creek, and that the City is rklng on clean-up of the channel. Discussion ensued . Hr . Hlnnick suggested that a lot of the silt and debris could have 111ashed down the Cr ek fro. the vicinity of University Boulevard due to construction occurring In that area of the Cr ek . Ms . Ragland suggested that overall, the flood control .. asures taken by the City did work -.11 durlnt the stona, and that will be e r prepared to handle future sto~. Mr . Mlnn ck asked about th Cr e . Hr. Hinson st1 ed h VIII. • • I . • • ,. • he felt this act ion would be easier to "track" if it was to be done by Resolution. Minnick 110ved: Mcintyre and Totton seconded: The Urban Renewal Authority approve and adopt Resolution 110, Series of 1988, A I£SOI.UTIOII Of THE Ea.E.VOCID ..._ IDIDIAl AIITHOIIn APPIOYI. A PROPOITIOIIAL IDJUCTIOII Ill POFCIINIIC£ D£POSIT FOI LIIICOI PIOPOTI£5 Of COLOIADO, IIIC. AYES : VanDyke, Voth, Mcintyre, Minnick, Totton NAYS : llone ABSTAIN: llone ABSENT: Cole, Keena The .atlon carried. Mr . Hinson discussed the relocation of the Storw Sewr In the Old King Sooper' s 11 ock. He stated that leenan had been asked to sut.l t a bid for the relocation costs, but they were not able to sut.lt such a bid prior to this ... tlng. He stated that this lnforwatlon will be available at the next ... tlng. II. Mr. Hinson reported the n .. s of several tenuts that have signed leases In the Marbtplace, -..g t"-In Finance, So -fro fabrics, and 'reat Cltps . Mr . HIRSOR stated that It appears the leasing efforts of Tr .... ll Crow are pro -gressIng very •11. I . . HIIISOft ,.._sted that the Authority 90 Into Executive SessiOft for thh discuss lOft . l11tyre •v : TottOft s onded : T Engl Sess on . lnty , fl 1 Authority 90 Into Ex utfve • To t , v • • • • • • • • • • lt • • • • • • • • • • t t eu • -' • • • XI. DEDICATION CERENONIES [ittle Dry Creek Plaza Mr. Hinson stated that consideration is being given to holding dedication cere.onies on August 26 for the little Dry Creek project, and a Weekend Ren-dezvous is also being planned for that weekend. Ms . Dietrich stated that the Englewood Cultural Center is planning the weekend festivities, and she understandings that they are working with the Lt. Gover -nor's office on the project . Mr . Hinson stated that Council Me.ber Hathaway Is heading the effort, and he wanted to deten~ine what the feelings of the Authority were on this proposal. A cost of Sl,OOO for the rental of •tcrophones, provision of coff .. and rolls or fruit has been estt .. ted, and the suggestion has been lllde to share thh expense with the Englewood Downtown Develo,.ent Authority . Dfscusston ensued . Minnick IIOVed: Mcintyre seconded : The Authority approve the exJ)eftdtture of up to $500 for dedication cere.ontes for the little Dry Creek project . AYES : Mcintyre, Mtnntck , Totton, VanDyke, Voth NAYS : None ABSTAIN: None ASSENT : k .. na, Cole The 110tton carried . Ill. ~~WIDAT£ . Hinson s•ttted copies of a 1 lltr fro. lttal Couns 1 Oppe,.,. to rs of the Authority, containing an updat on pending lttal cases tn .e.tch the Authority Is Involved . 1111. !!.!··~~!!II!!!!! • Hinson stated th c-tsslon at t Authority wts • 7:00 '·"· he ld be add t l ng on Ju t o att nd re ur r '· • t ( It • t • • • WATER AND SEWER BOARD MINUTES June 13 , 1988 (DRAFT) The • eting was called to order at 5 :03 P ·•· Chairwoaan Culley declared a quoru. present . Meab rs present : Meab era abaen Also present : Habenicht , Kozacek , Resley, Culley , Lay , Van Sciver Van Dyke, Fullerton, Neuaann Stewart Fonda , Director of Utilities Mike Wolka , U lllttea Manager Rick DeWitt , City Attorney 1 . MINUTES OF TH KAY 10, 1988 K!ETI Th Englewood Water and S approv d aa written , Mr . R alay ~v d ; Mr . ICoz c a COI\d;td : A a : a a : " • 2 . ill r Board •inut a of the Kay 10. 198 .. tin& v r To a pro Ha nlch , tv r 0 v Dy p •• th • 10, 1988 ln alnu 1 y. llay . Lay , Van ll rt I. t ~ • 7, • 1 0 • -• • • 3 . FROG HOLLOW -CHERRY HILLS Hike Woika discussed the purpoae and requireaenta of extendin& the water line into the Frog Hollow area of Cherry Hilla. The propoaed •&reeaent ia the con- ditions un der whi c h an agree.ant would be .. de . Hr . Resl y moved ; Hr . Kozacek seconded : 4 . BOREAS PASS To reco ... nd Council approval of an Ordinance reco ... ndlng the Actin& City Hanaser aign the Agree .. nt wi t h Cherry Hills Villase outlining t he condition• of an agree .. nt to aerve water to the Fro& Hollow area . The United State Fores t Service haa .. da it a perait require .. nt to obtain an hiatorical site project iapact study on the lorea• Paaa Ditch No . 2 rehabilitation . Two quotas vere requ ated baaed on the list of qualified personnel obtained fro. the Forest Service One vas unable to quote because of vork load . Rebecca H rbat haa the r quirad credantiala and is able to perfora th stud in a tl .. l .. n r for $2 ,SOO . Mr Kozac k • c ond d : A a : ay t : To rec~nd Council approval of th propoaal {roe Rebecca Harbat for the hlatorical ale proj · ct i~act • udy for loreaa r ... Dl ch o 2 r ha.bllltatlon Ka nlcht , Koza c k , Van elver v 11 rt n tl v lll aley , Culla , La , uaann , u. ,.. l I . OODINN«::E NO. f) SfltiES <F 1988 • • • BY .Almt:RI'IY CClH:IL BILL t«>. 17 DmUXl:m BY <XUI:IL MIM!D JO:LTAY AN OODINNCE WtCATn«; F'.ASEJtEm'S IN RE'1\mN ~ DIDICATIQI CF '1W:> PAICELS CF REAL PJO>!RIY F!Ot ~ K. HETZEL, 0/B/A SMPCR> aH'ANIES, IN <XIH!Crl<:J~ WI'nf 'mE Sll.VER CLIW Df.VELCIIMmT AT 300 WEST 8ELLEVnJf AV!KJE. ~. by Resolution No. 7, Series of 1986, City Council ~ Planned Develop~ent subnitted by sanford K. Hetzel d/b/a Sanford QJ!panies at 300 Aclleview; and ~. by Ordinance No. 51, Series of 1985, City Council vacated the ,..igh of way of Mir~Rlnte Road in MiraiiiOI'lte &Jbdivision and~ a grant r-f fran Sanford K. zel d/b/a Sanford ec..parues for a waterline; Md "'1~, ,. nford K. o' Mi rli!IOn P Road and Mirlii!Olt 9.Jbdivi ion; llallnlark and Asaocia , Inc. , &aellllel'tt retained dlring the vacation dechcated on the plat of CI'l'Y -• • • Ptt>lished as a Bill for an Ordinance oo the 8th day of June, 1988. Read by title and passed on final reading oo the 20th day of June, 1988. Pli>lished by title as crdinance No. _ , Seri• of 1988, on the 22nd day of June, 1988 . - Attest: ------Aiij& I, Patricia H. Crow, City Clerk fer the City of lh)1al00d, Co1ora&J, hereby certify the lbcJue .00 fORIJOing ia a true c:qJy of the Or:di.nance paued oo final re.ding .nd pd:)lillhed by title • ~ l!lo. _, Seri• of 1988. nnnn w. craw • • • DEDICATIOO DEED 'nUS DEDICATIOO DEED IMde this ---· day of June, 1988 between SMFCR> K. HETZEL d/b/a SANF<:R> K. HETZEL~ co. a sole proprietorship (Grantor) whose address is 3773 Cherry Creek Drive North, SUite 535, Denver, Color ad> 80209 , and the CITY CF ElG.D«XD, CCl.aWlO (Grantee) of 3400 South Elati ""treet, Englewood, Colorado 80110; WllmEAS, by Resolution No. 7, Series of 1986, City Council approvoed Planned Develqwnent stbftitted by Sanford ~es at 300 Nest Belleview; and "'imFAS, by OrdiMrlC(> No. 51, Series of 1985, City Council vacated the ri'lh -of-way of MiraftD"'t Road in MiraftD"'te SUbdivision and C~R>r0118d a grant of n f Sanford i to the City of !'njlewood for a waterline c> ap::~I'CIYoed by Ci y Council in the Develqnent Plan for Silver Cliff ( 00 llevieow Avenue l and Recorded in Book 91 at paqes 26-30 of the I'PC'Ords nf Ar O:lunt:y Clerk and Recorder . of the hereinafter described real prq:1erty, t'Omlf!Yfl to Gran , for and in oonsi ation of and valuable oonsi ra 1.on, to Grantor in ....,.,..,...~, is hereby ocnf !led and Dl'1-!nt dedica , grant and CClm/llly W'lto aid 1 le, interests, and cla!Jia in and to e, lying and inq 1.0 Clc:utty - • • • • Parcel B. A Parcel of land situate in the NW 1/4 of Sectioo 15, Township 5 South, Range 68 West of the Sixth Principal Meridian, City of Englewood, County of Arapahoe, state of Coloraci:>, nDre particularly described as follows: camencing at the NE corner of the NW 1/4 of the NW 1/4 of Sectioo 15; thence 5 00010'18• W along the Easterly line of the NW 1/4 of the NW 1/4 of said Sectioo 15, a distance of 30.00 feet to a point oo the Southerly right-of-way of West Belleview Avenue; ttwnce N 89048 '36• E along said Southerly right-of-way, a distance of 331.U feet to a point oo the Westerly boundary of Block 1, Lot 1, l'lorlng &btivisioo; thence S 000U'48• W along said Westerly boundary a distance of 11.00 feet to the true point of beginning; thence continuing S 000U'48• W along said westerly boundary a distance of 5.00 feet; thwloe s 89048'36• w parallel with said Southerly right-of-way of west Belleview Avenue, a dist.wlce 661.63 f to a point oo the Easterly boundary of Block 1, Lot 1, SiCJn&} Hill Addition; thence N 00008'35• E along said Easterly Bcundary, a di~ of 5.00 feet; thence N 89048'36• E a'¥1 parallel to said Southerly right-of-way, a distance of 661.64 f to the point of begin- ning. said Parcel B contains 3,308 ~ f (0 .08 acre .:re oc leu). Grantor warrants and repreeeuts that Grantor ia the f aillple 01o1ner of hi" t Property and that Grantor hu full ril)ht, title a'¥1 authocity to make thi dedicatioo. Grantor further CXJ\III!I\al'lta a'¥1 agrees to lndi.Uty, defl!nd a'¥1 hold Grant City hand a frca a'¥1 against tnt adverM claia to thr i tle Cl t aboYe ibed ptt~perty by all a'¥1 fNerY per.::Jn oc penon8 l!Wfully cl iJI\inq or cl&Ul whole oc .rt part thereof • l • • • THIS WCATIOO OF ~ is made the day of --, 1988 by the CITY OF mGLEloOD, COIJ:IlAOO, whose address '1s"'1too South Eiat1 street, EnglE!'Ioa>d, Colorado 80110, in favor of SANFCIID K. HETZEL d/b/a SANFCIID K. METZEL DEVELCI'MFNI' CO., a sole prq>rietorship, whose address is 3773 Olerry c eek Drive North, SUite 535, Denver, Color aoo 80209. 'nlP parties hereto agree that: l. 'llle Ci y o Englewood, Coloraoo, hereby vacates the following descrihcd of l foll re ained under Ordinance No. 51, series , nDre particularly described as I - • • • • • IN l~'mESS 1-lHERfflF, the parties have signed This Vacation of Easement s on the day and }'E'ar first above written . Attest: Patricia H. Crow, City Clerk STATE CF <XLCJWX) as. By ---- SANF<R> K. METZm. d/b/a SANFCR> K. M!TZfi. Df.VIiUPioBn' CO., a eole proprietorship By San'~f~or~a~xr.--c:::Me~t~zc~r-, ""'lS()II"!"'''l~e.,Piq)i~=t~etor= • co 10110 I CIIDINAOCE 00. J1.. SERIES CF 1988 • • • BY Al1mCIUTY 9 CXUCIL BILL 00. 11.1 lNl'RaXX:m BY <n.H:IL ~BILO/~ AN OODINAOCE A.MEl-mm:; TI'ILE 16 , OW'TER 4, ss::TI~ 18 : LANDSCAPE OODINAOCE , ENii»lXD MJNICIPAL <XDE 1985. WHEREAS, the City Planning and ZOning Camlission and City Council realize that landscaping i necessary o create an a tractive visual and environmen al atlrosphere for persons living, working, and ooing business in the City ; and WHEREAS, Ci y Council desires to nd the Landscape Ordinance to refl the sugge tions sutrn.i ted by the business OCil'l'lllllity through the Governnen al Affair Ccmnit ee of the Great r Dlglewood Olantler of Camlerce, •..ttich c.nen nt encourage pr rty CMlerS and business owners to design their land'!Capinq, within reasonabl qui lin s, in way i tibl with 'acen pr 1es ; 'nilt:RERitE, IT ....,. ...... , .. ~ BY 'niE CIT'i 'llL\T: 'niE CIT'i Cf' 1 -1 : A. 2. • • .. • c . THERE IS mY REMDELit«; <F EXISTIJ«i WIIDII«iS WHICH WIU.. IOCREASE THE FI.Cm ARFA BY FCRIY Pm:ENl' (40'1.). 2 . When, because of the characteristics of the land or the location of existing structures, it is oot physically possible or feasib l e to provide for landscaping on the site, the property owner shall elect one of the f o llowing alternatives: a . DEPOOIT AN ~ mJAL ro $1 X l()'J. <F THE Im' ARFA AS MEASURED IN ~ME FEET IN THE PUBLIC IMPRO'JD!DlT fUI), 'nUS FUID SHALL 1m USFD FeR BEAlll'IFICATICf.l OF PUBLIC ~ FUID . 'nUS FIJND SHALL BE USED FeR BEAl1I'IFICATICf.l <F PUBLIC AREAS AS DF."''ERMMNND BY THE CITY COONCIL. b. IMPROVE 'nlE APPF.ARIIOCE <F THE STREET SIDE ~CR <F THE BUIIDit«i r.a:::ATED Cf.l THE LAND IN AN NUm 001' LESS 'lliAN THE SlM a::.uAL 'ro $1 X l()'J. OF THE 'lUl'AL ARFA AS MD.SURID IN ~ FEET. 'niF. OI~ MAY RmUIRE OC'ClJo4Dli'S 'ro SUBSTANI'IATE THE SlM PAID FOO IMPRCII.IF}1fNl'. 3 . THESE RFnJIATI S SHALL 001' APPLY IN ALL ZCIIE DISTRICTS IF NlY <1£ mE ~~ OCCURS: 'n PlQ>f:Rl'Y CR WSINESS Lim WI'11l THE x..w:s::APIJ«i RCNISI IN Ef"F1!!' AT THE BBiiMm«; CF THE CXXllPNCY. h . PROPERTY IS IN WITH THIS INNCE AM:> nUE IN 'niE '1"ENANT CR LESSEE, 'niE LNilEI::N'n«; 1l'S APPLY. 4. RESIICmiBLE c. h n ]. b. -J - I . • • • ~stablished by the Director. Before the Temporary Certificate of Occupancy shall be issued, a security instrl.I'IEJlt naming the City as beneficiary shall be filed with the City, which security instrument shall require the installation of all landscape int>rovements within the ti..ne fra~re established by the Director. 'Ihe security inst.rl.m!nt shall further provide that it shall be in full force and effect for one year after the ti..ne frane established by the Director or Wltil the landscaping has been r.onpleted. Should action be camEnced to enforce the landscaping requi~nts, the security instrl.I'IEJlt shall oontinue to be in full force and effect Wltil the int>rovenents are catt>lcted. Further, the security instl'U1ellt shall provide for the payment of all attorneys fees, collection fees and expenses of the City in enforcing the landscaping requirements. 'Ihe aroount of the security instruuent shall not be less than twice the value of the landscaping int>rovements. 'Ihe form of the securi y instrunent and its terms shall be approved by the Dircc or for acceptance -lly-00 BElW.F OF the City. ('2) To overi the security instrl.I'IEJlt, the property owner may ~Ppo!;i wi tM Ci y cash in escrow, certified funds, or an irn-voc l e lP er of credit, in a form acceptable to the Di r. PiJYCe of said funds shall be the City, and the fun , ll ooll ible by he City ~ UPQI the Ci y•a giving e<~ (10) &ty~· wri t n oo i to the party giving the lll.!.-n -~ .. and t-cr~af er t ing on the instl'U1ell • c. PIIIIIJ&i 8IIB WOJEEIIIIB li8R ----c-. (1 ) 12) )/4• DIN£TER ~ SIZE 2• MINIKM OEP'nf 4 • MINlK.M Df.Pni BMJ( lP 1 I . - • • • • trees and plants for given areas along with instructions for proper installation and maintenance of landscaping. -9-h. In areas critical to pedestrian and vehicular traffic, shrubs and other plants Rl.!St be installed and JM.intained to provide clear visibility as determined by the Traffic Engineer. D. Parking Design Requirements; All ZOne Districts . 1. If proposed construction of ... rtmc!i"9 off-street parking areas contains fifty (50) or nore stalls , ten percent (10\) of the total parking lot area shall be landscaped with &ail:j fhe p&CAdt C3111ot FIF'l'Y Pm::Etll' (50\) of that area to include living plant material. 2. '1111! ua:lj fi'R pa:uuut fa!!llot liwi•a; phnt 1 W * n 'wl ... 'mf.:RE SHAl.L BE a mininun of ooe tree per fifty (50) 8lplre LINEAR feet Of' PAAJ<ING AISLE LDCl'H. 3 . In addition to the --. p 1 (IIIU requirements in subsectionS D .1. JIRl D. 2. above , parking areas that are adjacent to streets shall rreet these requirements: b . Strcc trees shall be planted in the buffer zone at the rate of one per forty (40) linear f t. l?xwt: tz-1 Ia t•• ill_... .... -.... ... ....... •• • --...... f 9 - •• !&at Dol .... E. Main er'IMia". 3. tn 11 , ll 1, 1 I • - I ' • • • Read, amended, and passed as cnended on the 6th day of June, 1988. Published in full as cnended on tne 8th day of June, 1988. Read by title and passed on final reading on the 20th day of June, 1988. Published by title as Ordinance No. , Series of 1988, on the 22nd day of June, 1988. - Attest: Patilcla A. em;;, ciEY cteat I, Patricia H. Crow, City Clerk for the City of &ll)l..ood, Coloram, heraby certify the abol.oe and fcxegoing i8 a tJ:ue ocpy of the~ peued on final readinq and pd)lished by title u Ol'dinance No. _, Seri• of 1988. Patrlcli 8. em;; I . - <R>DWCE 00. ItA SflUES <F 1988L_f • • • 9 I{ a:u«:n. BIU. 00. 18 DmOU:m BY a:u«:n. MIIEER JQ)ZICEit AN <R>DWCE AMI!Kllt«i <R>DWCE 00. 45, SERIES <F 1987, N1> CR>DWI:E 00. 60, SflUES <F 1987, CXDIFIID IN TITLE 4, Et«'ii..fXXD ..... ICIPAL CXDE 1985, P1!2mUND1i ro D4EX2CY 'l'ELEPtDCE SERVICE HmDU'1Y. ~. in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the City of Englewood, Colorado, be provided wi h eJtet'l}ellCY telephone service; and \'lltmEI\5, one of the propoeed parties to the ~ 1qr 1 u 1 1t .-:rea ing the Authority has decided not to participate; ~, ~. BE IT CRlMNfD BY THE CITlC CXlH:IL ~ THE CITlC C. ~.~.~T: Section 1. Ordinance 45, ~ of 1987, Section 2, and ~diMnce No. 60, rl Ol l987, rtaini.ng to Blexgeu:y Telephone 9ervi.oe ~i.ty u codified inTi 1 4, 0\apter 8, J!))glewood tb\icip&l Code 1985, ia henlby o read foll 6th day of , 1 I , I I . •• • • I, Patricia H. Crow, City Clerk for the City of Ehglewood, Colorado, hereby certify the above and foregoing is a true ~ of the Ordinance passed on final reading and published by title as Ordinance No. __ , Series of 1988. P~trlcla H. CiON ----- I . • • • <JIDINNCE NO. 2P SElUES CF 1988 BY AlmDUTY AN CR>nwcE REPEAL!Ki Nil REI!N1tC'l'IKi TITLE 5 , OfAI?'l'm 9, F.lG.D«XD KBICIPAL COOE 1985, RELATn«i '1'0 'n:MJKi smvi~. WIDFAS, the City Courx:il of the City of fnJlewood declares that it is in the best interests of the City of Englewood to regulate the selection and contracting of tOoting and storage OCJ!tWlies for the towing and storage of ctisabled o r abandmed !rotor vehicles; and ~. ~. BE IT OOD.I.INED BY 'mE CITY <XUCIL CF 'mE CITY CF ENGLD«XXl, CClLCJU\00, THAT: Sectioa 1. Title 5, Chapter 9, Englewood fot.lnicipal Code 1985, is he!"eby ~led and reenacted o read as f ollows: 5-9-1: 5-9-2: -3: ~9 VEHICLE WRfOtm Nil 'nJmC smt'IICES AT 'mE ~ CF CITY PCLICE I:I!PARDI'Bl' OEFINI't'ICH;: A VEHIClE AMPI'm '1'0 Nil OE'SI<H'D FeR 'mE Nl) ~ CF c:mti!'.R V!HiaZS PJO>ERTY . 1, -l - I . - • ----------------~~·,------------------------~~----------------------~~~ • • • Published as a Bill for an Ordinance oo the 8th day of JWle, 1988. Read by title and passed oo final reading oo the 20th day of June, 1988. Published by title as Ordinance No. _-_-_, day of JWle, 1988. Series of 1988, oo the 22nd Attest: Liai\ Van oyG, -AB)U Piti'Icla A. craw, city ct8rlt I, Patricia H. craw, City Clerk foe the City of l!hgla«lld, Colorado, hereby certify the lbove and fCiniJOing is a true ocpy of the <kdinance piiUed oo final reading and published by title u Ordinance No. _, Series of 1988. htdcla A. craw I . • • • AN <JIDIIWCE APPIDIIll; AN 1aUZ4&l1' P<R THE SALE <F REAL PIO'I!M i, SMD PKP!Jt'l'i CXJMH.Y REEERR&J TO AS THE •Jm«; ~ Sl'l'E.• 9 NII!JtEAS, the City of &lglewcod has entered into a ground leue foe certain real p.tqlerty llll.ich is OCIIIII:lnly lcnown u the •King Socpen Site; • and \<IDEAS, it is necessary for the health, safety, and welfare of the City to sell said prc.pf!rty; and ~, l1tlly sale price of the property shall be subject to appraisal by qualified ~raisers; M:1i, 'nDD'atE, BE IT ~ BY TttE CITY CXliCIL <F 'niE CI'l'Y <F ~. ~. 111M': Sectial 1. 'nle City of l!ngl-..cod shall aell, ~ to agr a at, that real property dMc:ribed in the attac:hed Purc:hue and Perf~ l.qreemeiat, icientified as l:lchibit 1 hereto. Section 2. 'l'ha MII)'Ol" and City Clertt shall be and henlby are aathad..S Cl i'Jft lW1C! attest said Purc:t\ae and Perfor.w.aoe ltqr I It foe and on t.h&lf of the City at Pnglewood. tntt'Odac.d, reed 1n full, and~ on fint nNid1.n9 en • 1 6th city of Bill ' 1 ngcn 20th ' l - • ' • • • I, Patricia H. Crow, City Clerk for the City of Englewood, Color..OO, hereby certify the above and foregoing is a true copy of the ordinance puaed on final reading and published by title as ordinance No. ___ , Series of 1988. ---- Patricia H. CiOW I • • .. PURCHASE AND PERFORMANCE AGREEMENT ~~----------~~--~-· 1988 REC EIVED FROM JWM PROPERTIES, INC., Purchaser, the sum of Ten Dollars C$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 •s• with all easemen s nd rights of way appurtenant th reto, all impr ovemen h r on and all fixtures of a peraanen nature curr ntly on h pr mis s in their present condition known as the Kinq Soop r sit , vh ch property Purchaser agrees to purchas upon th following rms and condi ions : TITLE MAY B! 0 LIVER D IN THE NAME OF 0800 CORPORATION. han Six Hundr d I . ( • • 2. Personal Property and Improvements: Other than by Ground Lease, Seller does not claim any direct interest in personal property on the premises. Seller, by Bill 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 reqard. 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. ~current commitment for title insurance policy in an amount equal to the purchase price, at Seller's option and exoense, shall be furnished the Purchaser on or before July l, 1988. Seller will deliver the title insurance policy to Purchaser ~fter closing and pay the premium thereon. If the purchase price is not immediately available, then the Seller ~hall 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. 4. Ti le shall be m rchantable in the Seller and subJ c to all liens, encumbr nces, taxes, leases, notes, deeds of rust, or o her ins rumen s of record. Seller shall execute and d l1v r a qood and sufficient special warranty deed o said Purchas r within 10 days after effectiv date of ordinance approving this sale or, by mu ual a reement, a an earlier da e, conveying said proper y subjec o all axes, subject o all li ns for ap cial imorov men s or for other purpos s now ins all d, whe h r a ~cs ed or no , su iec o 11 liens and ncumbrances, and ~ubj~ t o all a Prn n , building and zoning r gula ions, and r r c i• nan s of record or oth rwis affec ing h ren a, s wer rents, FKA mor on encumbrancea, if any, or d by Purchaa r. I • • • have An extension of Purchaser's required performance for construction for time during which approval was unreasonably withheld or delayed. Failure to meet the foregoing deadlines shall be a hreach 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 hcrehy. 8. Purch aser shall pay to the Englewood Urban Renewal Au hority the su• of Two Hundred Fifty Thousand Dollars ($250,000) due in 84CV75 0, 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 o Purchaser. 9. The obligations of Purchaser hereunder shall be conditioned upon Purchas r receiving from the Englewood Urban Renewal Authori y a mutually accep able consent to assignment and ~s"ump ion of the 11/2/83 Agreemen for Disposition and Rcdevelopmcn b tween he Au hori y and Brady Development Corpora ion and S. Bud Brady. 10. y r.IU ual on her 11. of closing shall b by mutual agreemen , as de ign d hen by S ller. • -• • • claims and be a default under the note and deed of trust given hereby. 15. If this proposal is accepted by Seller in writing on or before , 1988, this instrument shall become a contract between Seller and Purchaser and shall inure to the benefit of the heirs, successors and assigns of such parties. Date __ ..... ______ .......... ______ ___ Date JWM PROPERTIES, I NC., Purchaser CITY OF ENGLEWOOD, Seller By ______________________ __ Att at: 4 00 S. la i S r t nqle od, Colorado 80110 761-1140 I • • • PROMISSORY NOTE _______________________ u.s. Denver, Colorado 1988 FOR VALUE RECEIVED , the undersigned ("Maker") hereby promises to pay to the order of the CITY OF ENGLEWOOD at 3 40 0 S. Elati Stree t , Englewood, Colorado 80110, o r, a t the option of the ho lder h ereof, ~ ~uch othe r p l ac as the holder s hal l designate in writinq, he pr i ncipal s um o f not le ss than Six Hundred Tw nty-four Th ousand Dollars ($6 2 4,000) and not more than One Mill ion Si..x Hundr ed Six y-three Thousand Dollars ($1,663,000) i n 1 wf•tl monl"y o f th e Unit d Stat s , in thirty-two ( 32) quarterly inst llmPnts 0d'h in th mount of si x percent (61) of o riginal pt·inf'i.n;t l , mount or 1'wcnty-o ne Thaus nd Eight Hundred Fifty Do l lars (t 2 1,8~0), wh ichev er is less, commencing September 1, 11}88 and c-on tin uinq on he firs day of each cal ndar quarter thPrP"lf <'r throu'l h .luly l, 1996, ,, wh1 c h time the entire unpa1d rrincin."ll h , 1."\n('l" o~rH"I M"f'ruN1 jntt rest 'l hall b du and p yabl 1n ~'t•ll. Unt i I t h" ri nf"J ral L ~ dl" r 1ned by ppra1 al malt r !'1h 1 p .w t h• . um of (Tw n y -on Thous nd Eigh Hundr d F1fty Dollilr" (*. 1 ,!I"Cll pC'r qu. r Th pr1ncip 1 amount of h1s no e qhall be> !'ubiC'f't n :uli11 'l mr>n R 1n cc-o rd nco with h Purcha e d '?l"rformn ncf' fl'lr!'Pm r.nt " w f'n C1 y o f Englewood nd J WM Proper iP s , Inc. lf print·lp. 1 moun is adju s d, the t'JUC\r rly n. ym ut "'111 11 hr> ucl<-qu. so h h pr1ncip 1 amoun nr' in .:-C" i !> mor l:o t•d o v1 r 32 cyu 1 quar erly p ym n s . -1 - I • - • • • • ,. • Ri~ht to Cure: Maker shall have the right to cure any default herPtmder 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, protes t, and demand, and also notice of prot est , dishonor, and maturity; and consent to any and all renewals, extensions or modifications of the te rm s of this Promissory Not e dated , 1988 payable to City of F.nqlewood, including time for payment, and further agree that any such renewal, extension, mo dificatiion 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; a nd 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 S a e of Colorado and is secured by a Deed of Trust encumberinq real property located in Arapahoe County, Colorado. JWM PROPERTIES, INC. By_.._...._.._....~~----------~~r.r.~-Pruldent 0800 CORPORATIO , • Colorado corpo r tion 8y nt I • .. · . . . . ~ I .·. .· ., .~· '. • • • . ·, : .. :·. A troct of hnd hlna port of Lot 11 , llock I, HOJXAHO'I ADOtTlON, o nd port of tho St 1/4 SV 1/4 of So ct lon )4, To.,ohlp 4 South, ~n ao 68 ll oot of tho 6th Pr!nclp ol Horldto n, tO &ot hor v lth th o toot 1/1 of Yoc ot od Alloy odjo!nln a tl\ot par t o f uld Lot U on tho ll u t, toaot h or "lth thot port o f vacatod Fl oyd Av onu o (tono o rly t.no"" ao Grunwod hon u o) odjolnln a oald Lo t 11 •• tho Morth, a ll \o!oa .., .. partlcuhr1y d u c r!\od ao hllov o : COHXlKCtMC: It a point lt7 . 7 hat So uth ond )0 .0 hot \loot of tho llorthuot urnor o f tho st 1/4 Sll 1/4 .r ul4 Soct1on )4, vhlch poi.At h tho bto r- oo ctloa of t ho So uth Uno or floyd Avonuo (fo .. or lt t.no"" u Croonvood Avonu o) vlthl n t ho llut llno or So uth l roodv ot r t h onc o South 19 '40' \loot a dlotonco of HI loot to t h o toot Uno of So u th Aco u St root : t h onco South o lon a u U toot Uno 66 .1) hot ; t h onc o !forth 19'4 0' loot o dlot o nc o o f HI foo t to tho Vu t llno of South l :oadvoy; t h onco Horth e lon a u ld llu t U n o U .IS hot to t o Point of loal nnln a , l 0GETK£R 'll lth t ht Eut 1/2 of Vletltd 54.~t At01'4 Strut •JJolnlng u td Parcel on t he West, County of Ar•p•hoe, Sute or Color~do . . . Parcel of lend alt<Ytod t l\ t~ SE 1/4 of t 61 ~ •• , o( t • Sl•t s~ 1/4 of s. tl 1\ ''· Pr nclp •l H rldl on, o( lit o ~ floyd 0 • lu • ., ... 7 coout 4 :=· ... -• • '. • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA I T!M SU BJ ECT June 14, 1988 11 A 1 Lease/Purchase Agree•ent -Fire Pumper INITIATE D I Y Margaret L . Freeman , Acting Director of Finane ACTION PlOPOSED Approve a motion to accep the low bid from Hanif n Imhoff, Inc . for th 1ease/purchas of a ir pump r and authorize th Cit K nager to n er into a Lease/Purchase Agre • n K 1 , 1 17, th City Council authori r d h II a d an ord r was placed or li¥ y and a ulal ion of a fir pua an ln 1 88 or - • • • • • RECOMMENDATION City Council approve the bid of Hanifen Imhoff, Inc . for the Equipment Lease/ Pur - c has e fi.nancing and City Council approve a resolution authorizing the execution of a l e ase/purchase agree•ent with Hanifen Imhoff, Inc . I • • - • • ~RISON OF lEAS~ HOPOSAlS FOR lq88 FIR( PU"PER ------... ----------.... ------------------.. ------- INTE ~EST YEAR LY El?E~SE r~ -----·-T OT Al lt~SE l'OST-------TOT~l EIEC Ui ORY PA Y n<~TS THE fl~ST All lES30R COSTS TOT~L at 9 now a1; I~T EF EST f'!!IN:IPAL TOTAL ru COSTS FIRST IIUWICIPAL mms -o-67,2<1.4 8 li ,2:i0. 2,915.08 IB~,CQO .~) 2 12,91 5.0~ 112, r.1 :LOS ~Ntr<:N lllliDi'F , I~C . -0-66,.-~.G 4 l(;,it~,1.~j =•,nb.ai' 1~0,•·00.00 M,i76.61 <n, m.a: COlORAOO N4TIQ~ lmiNj -~-10,1 .-:..n 11,2~3.8; 31,202.2 4 180 1 G~O.OO 212,202.24 212,2<1.24 6E0~6t K. BAU" m.ta 71,10').0.) 10, ·;t. •2 12,: s.ss 160,000.00 ~12, ~00.35 21 j ,lOO.Ol CONTINENTAL HE~ITAC C m . + h7,i 1 &. 7: 16,~19.~~ :s,m.4~ 1S?,r-oo .oo 21E ,7S~.4~ m,m.~- NiJi\ij[ST INV£S 711EU Sm'I:E'i J,5,l. 7 ,·. s. 10,61V5 ~--, iZ .t. ;• 16~/.V·•.(·O <M ,l=•.n :to,m.~? JlloCO FI~NCIAL em. -.~o. .. 11,713. a 1~, ;. ~. 4 ~ "1 '51 I. '2 j@j,OI)), J ~:! ,541.q2 21:;, t4L ~z • • I • - • • • • • SC II ki>ULE C -PI\GC 01 !.iCHCUlJL C OF PI\Yi·II ,NTS LE55EE: CJTY Or-E NGLCI~OCIO COLO riRE Ll':I\SE I'UHCHI\SE 01\T E OF LCI\5E COMME NCEMCNT DATE PRINC I PI\L /\MOUNT r-ISCAL YEAn DCO INNINO DUE DATC 01/30/0? 0:!/30/0? 03/30/0? 0 <4/30/0'1 0:5/30/89 (lb/30/89 07/30/09 08/3('/0'1 0 1l/30/1:19 10/30/09 11/30/ll'il l:!I:0/09 01/::S0/?0 CI1Y • I «_ TOTI\L LCI\!:OC PI\YMCNT 12 ,888 .97 5 ,:.36.'12 ~.~31 ... 92 :1 ,:'136.9:' 5 .536.92 ,:5 b.9~ ~.~ b . '1:.! :'},536.9~ :'i,~:Sb.Y'.! :'l ,:i3b .q:.! ~.!S':\6.9:! 5 ,:5--,6.9:.! :o~.::r!t..?:! ~ t :.l~tt. (J:! ;;,,5 1 .. 9_ 'l"' f I 6-22 -88 6-22-88 100 ,000 .00 01/0 1 /09 CRCDIT TO Pfi J NC!Pt"\L '1,:\50.1> I 4,576. t ll 4 ,t.O t. 'ILl ~.b '27.77 ..• 6~.i~. 70 4& ,b/'1. '14 4, 7Ult. ~-4 ll ,7~Z./U -4,7-J?. _.t) ~,?Ot.1.Uo.J 4,01.!..9;., '1,0'10.<>0 ~.tu./ • .:1 •,oqJt.::-7 4t,?~~.no <4,?49.74 4,?77.56 ~J,._w.~ ... ,~ : •• u ~. tJU • ,.-.bi.'U ~,O~"Iu. 4:! !.,119.0~ • •• J ol/.111 '#,176..7'1 ·-•• 04 .,.z .• 11.1 INTERCST a u .7 ~:5 'l. 7,l52.05 ?Ob.3 1 ?ul. 74 "' :5 .0 1 '109. 1:5 083.14 O:'iu.90 0 30.b7 004.22 777.6:! 7:0.0. 0/ n. .97 b?b.?l bb?.71 b4:!. 3:5 614.0<4 07.17 T REMAINING DALANCE 17:5,47~.9 3 170,92 <4 .23 lb6,34B.Ob 161,746. I :'I 1:57 ,110.3 ? 1:52,4b4.bl 147,70 4.b7 14 ,010. 4 3 I 0,3 <4 5 .73 1 33 ,506.~4 t ~e .ooo. 'il 1-3 ,987.44 119,147.4~ 114,200.:!3 1 09, .bb 104,4bl.:S9 99,:113.8<4 94 ,536 ... 09,!530.74 0'1,4?/. b /9,4 ... . 09 ""· '4<4.b 6~.~:.:.,.6 b4 ,IJ77. 2 nn L PURCH OPTN • b.7~5 X 1:!3 ,907.44 •• ,( 77. :! I - • • RESOLUTION NO. c32 Series of 1988 • • • I 1 {}-/ A RESOLUTION APPROVING A LEASE/PURCHASE AGREEMENT WITH HANIFEN IMHOFF, INC . FOR THE ACQUISITION OF EQUIPMENT FOR THE CITY OF ENGLEWOOD . WHEREAS , the City Council of the City of Englewood, Colorado , has determined that a true and very real need exists for the acquisition of the equipment described in the Equipment Lease Purchase Agreement ; and WHEREAS, the City Council of the City of Englewood , Colorado, has tak n the necessary steps under applicable law t o arrange for the acquisition of such equipment und r the Equipment Lease/Purchase Agree•ent ; NOW , THEREFORE, BE IT RESOLVED , by the City Council of th City of Engl wood , Colorado, as follows: Section 1 . That tha Equip•an Leaaa/Purchaa Agraa .. n b tw an Hani an Imhoff, Inc , as Laaaor, and tha City of Englewood, Colorado , aa Leas a , or th 1 aaa/purchaa o cartain aquip nt ia her by approv d . Section 2 . That th City Mana are h raby authorized to al n and attaa H nif n Imhoff, lnc . or and on half o En l wood . r and City Clerk of th th Equipeen th City Co ADOPT h 6t day 0 J ' 19 •. ATT T: C l yor Cit e • Ct ( DATE June 20, 1988 INITIATED BY ACTION PROPOSED • • • C 0 U N C I L C 0 M M 0 N I C A T I 0 N AGENDA ITEM SOI.JECT Encroachaent of an exterior arched coluan line into ROW at 3495 S . Broadway Departmen t of Co.-unity Develop .. nt Approve addition of an exterior arched coluan lin hanging vertically from an existing roof , vbich roof encroaches into th public rlgh -of-way 12 inch s on the east and 8 inch s on the south of th property a 495 South Broadway . IACK.CROUMD • • • that area, especially to study the styles of architecture. While they were there, they enjoyed the European outdoor dining areas and decided to provide that service as well when they expand . Mr . Rerzins has now designed the new Csardas Restaurant . It will be on three dif- ferent levels, and will include a performance center, a raised platform in the shape of an octagon, on the lowest level. The facade of the building will be designed around decorative, arched coluana which will actually hang fro. the edge of the ex- isting roof and rest on the sidewalk. They will be constructed of dryvit, a product which has an insulated fo .. backing with a resin plaster surface, and which will be textured like stucco . The asaeably of the coluana will be with steel studs and steel reinforced corners . The coluans will provide no support for the roof . The east facia will serve only as an architectural feature . The arched columns on the south, however , will fora an arcade within which several tables will be placed for outdoor dining . A 37 -inch decorative wood divider will provide additional separation between the arcade and the sidewalk . The degree of encroachaent into the public right-of -way was established at the time the overhangin.g roof was constructed in 1965 . This encroachaent will not be in - c reased by the facade iaproveaents which are attached to and hanging froa the exist - ing roof . While the dagrae of enc roachaent ia not being increased , it will be aodified by han in th arch d eoluan. froa the existing roof . leeauae of this aodifieation , t he aatter La being referred to th City Council for ita approval . Th T e hnle al Review Coaaltte has review d th request . U TIOII : • tha an d f I - RESOLUTION NO. SERIES OF 1988 • • • A RESOLUTION APPROVING THE ENCROACHMENT OF AN EXTERIOR ARCHED COLUMN LINE ATTACHED TO AND HANGING FROM AN EXISTING ROOF, WHICH ROOF ENCROACHES NOT MORE THAN ONE FOOT INTO THE SPACE ABOVE THE RIGHT-OF-WAY FOR SOUTH BROADWAY AND WEST HAMPDEN AVENUE IN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Section ll-3-4D Englewood Municipal Code 198S provides that the encroachment of a building, or a portion of a building, into the public right-of-way must be approved by the City Council; and WHEREAS, the City of Englewood has recei~ed a request to permit the installation of a facade across the south and east sides of the building at 349S South Broadway, which facade will project not more than 12 inches from the building; and WHEREAS, the owners of the business want to upgrade the appearance of the building, and the proposed facade will accomplish this; and WHEREAS, there is a 100 foot right-of-way for South Broadway, within which right-of-way any future widening of South Broadway could be acconDOdated; OW, THEREFORE, BE IT RESOLVED BY '1'11& CITY COUNCIL OF THE CITY OP ENGLEWOOD, COLORADO, TKAT: Sectioo .l. The encroac n of not .are than one foot of a nonperaanen£ exterior arched col~ line facade, attached to and banging froa an exiating roof, into th apace above the ri9h -o f-way at Sou h lroadway and at Baapdan Avenue in the Ci y of Englewood, Colorado, is h r by approv d. Colo c ADOPTED 0 APPRO th 20 h 4ay of ~une, ltll. y 0 90 nt I ,• PROJECT : • • • 1121 AcorN Sllftt ~ Colorado 110204 (303) 629-6266 CSARDAS Restaurant 3495 S .Broadway, Englewood,Colo. OWNERS : Rudy and Anna Hellvig 303-771-1384 Note : Existing building roof overhangs the property line approximately 12" at the East elevation and approx. 8" at the South elevation. Request that an exterior arched column line be permitted to be constructed from th roof dge to the 1id walk below as indicated on the attached drawing•. Should th r be any qu stions, pl •• contact ith r Vlllls B rzlns or Richard Wek !1 ld • I l> ~ ""0 0 , z l> < , (r I I s. • • • 0 ACOMA ST. EURA EURA C I 7 Y GfARJ BLOCK ~ ROADWAY OAT! June 20, 1988 INITIATED IT ACTI ON PaOPOSID • • • I L C 0 M M U M I C A T I 0 M ACDDA ITEM SUIJICT Water and Sever Board Boraaa Paa a Hiatorical Study Propoaal Council approval of the proposal fro. Rebecca Herbst / for a historical clearance study on the loraaa Paaa Ditch Rahabilitation Project . IAClCaOOIID The United tatea Foreat Service haa aada it a panalt requtr ... nt to obtain a hia - torical sl e project Lapac study on the Boreas Pass Ditch No . 2 rehabllitetlon . Two quo • r rona Servic e . r qualt d bas d on th lls One vas u. bl to quot o qualified personnel obtained fro. th au.e of vork load . lalt and 11 abl to par one h 1 udy tn a I • • -• • • Rebecca Herbst 7474 E. Arkansas 12704 Den•er, CO 80231 June 6, 1988 Hr. Michael •oika Utilities Hanaaer City of Enalewood 3400 S. Elati St. Enalewood, CO 80110 Dear Mr. \'oika, This is in response to your re~uest for a scope of work /c ost estimate for historical clearance on the Boreas Pass Ditch No. 2 rehabilitation project. Based on the information that rou pro•ided on the project, the scope of work would include the follovina: I' • 1. A cultural resource sur•eJ of all historical sites in the project impact area includin& the Boreas Pass Ditch No. 2, the fluae, and other related structures. (The sur•ey would also include the Colorado Southern Railroad arade and Boreas Pass Road if in the project area.) 2. Preparation of cultural resource sur•eJ foraa and aapa for all properties in the project area bicb aay e el aible to the atio al Je ister. 3. Prepare ion of a cultural reao rc tha sur ey t ndinaa and alia ilit report deacr bin& asse asaeot. Coordination ith t a S PO for • d tar•ina 1oa of el1&1bilit and affects oa bistor cal aittl ia t a project 1 act area. • • • • I • • • • Thank you for the opportunity to subait a proposal for this project. I look forward to hearina froa you soon. Sincerely yours, ~«~<v~l~~ Rebecca Herbst I . - l l RESOLUTION NO. :'-JC SERIES OF 1988 • • • 1104 RESOLUTION APPOINTING COUNCIL MDIBER ALEXANDRA (ALEX) HABEHICHT AS THE CITY OF ENGLEWOOD'S REPRESDTATIVE TO DENVER REGIONAL COUNCIL OF GOVERNMENTS (DRCOG). WHEREAS, the City Council of the City of Englewood wishes to appoint one of its .. abers as a representative to the Denver Regional Council of Governaents (DRCOGI; NOM, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Council .....,.r AlezaDdra (Alaz) llabeaicbt be and hereby is appointed to Denver Regional Council of Governaents (DRCOG) as representative of the City of Englewood. Sectioo .2. The tera of this appoint .. nt is tenure of Alex Habenicht as a ..aber of Englewood City Council. ADOPTED AMD APPROVED this 20th day of June, 1911. Patricia I, Colo o • .:..:.:...:..• o t C1 y o • ru c y o • l , RESOLUTION NO. SERIES OF 1988 • • • ... RESOLUTION APPOINTING COUNCIL MEMBER GARY ~OIACE~ AS ALTERNATE REPRESENTATIVE OF THE CITY OP ENGLEWOOD TO DENVER REGIONAL COUNCIL OF GOVERNMENTS (DRCOG}. WHEREAS, the City Council of the City of Englewood desires to appoint one of its aeabers as a representative to the Denver Regional Council of Governments (DRCOG); and ~IEREAS, in the event the Council Meaber appointed as the City's representative to DRCOG is unable to serve, Council desires to appoint an alternate .eaber for such purpose; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section _1. is hereby appointed to serve •• alternate representative of the City of Englewood to Denver Regional Council of Govern.ents (DRCOG) in the event Council Meaber Alex Habenicht is unable to serve as such. r pr Engl The era of this ppoin n as alternate is tenur of Gary lo&acek as a .-.bar of ADOPT D A D APPROVZD his 20 h day of Jun , lUI. Cl y e 'I I • - l J RESOLUTION NO. SERIES OF 1988 _t{/ •• • • 1li-f RESOLUTION APPOINTING COUMCIL MEMBER RITA HATHAWAY TO MALLEY CENTER TRUST FUND BOARD. WHEREAS, Title 4, Chapter 3, Chapter 9, Englewood Municipal Code 1985, establishes a special fund of the City known as the Malley Center Trust Fund for the use and benefit of the Englewood senior citizens recreation center known as the Elsie Malley Centennial Center; and WHEREAS, one trustee is to be appointed froa the City Council to serve during tenure in office; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUMCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: be and hereby is appointed as a City Council ..-bar trust .. to the Malley Center Trust Fund to serve during her tenure in office. ADOPTED AND APPROVED this 20th day of June, 1988. Att st: of h Ci y ot • • ru copy o . .:..:..:.:. ' I . l J T q E 0 i RESOLUTION NO. SERIES OF 1987 "4 --- • • • A RESOLUTION IN FAVOR OP T~ CUL~U«AL F CILITLIS DISTRICT RErERBNDUM TO BE~ED ON NOVEMBER 8, ltaa. llG · WHEREAS, after nearly four years of negotiations, lobbying and compromise, H.B. 1138 was passed by both houses of the Legislature creating a scientific and cultural facilities district in the area comprising the Denver Metropolitan Area; and WHEREAS, the district may submit to the registered electors within the geographical boundaries of the district the question of a uniform sales tax throughout said geographical district; and WHEREAS, the cultural district would provide funding for zoos, museums, and performing arts prograas; and WHEREAS, voting yes for the Cultural Facilities District would mean continued success of great programs such as free symphony concerts, free days at the zoo, student touring progr ... at the Denver Center for the Performing Arts, .oney for ca.aunity and neighborhood arts projects and opportunities for talented artists, and new audiences; and WHEREAS, the proposed sales tax of .10 of 1~ (10 cents on a $100 purchase) would produce a total of $13 aillion for our cultural caa.unity; NOW, THEREFORE, BE U' USOLVED BY THE CITY COUIIICIL FOR THE CITY OF EttCLEWOOD, COLORADO, THAT: Th Council •ncourages th of gl•vood to vote 1e of l'l .. Dh ric in th PTED AND APPROVED the 20 h day of Jun , 1988. , Aiyo r A • I • • - • • • • • TITLE: A RESOLUTION ENCOURAGING THE ENGLEWOOD RESIDENTS TO CONSIDER AND VOTE ON THE ISSUE OF THE CUlTURAL FACILITIES DISTRICT REFERENDUM TO BE HELD ON NOVEMBER a. 1988 he Council encoura9@s the ualfffed el@Ctors of tile Cfty of ngle.ood to vote on the referend1111 f the newly created Cultural Facfl-tfes Dfstrfct fn tile Denver Metropolfun Area . / I . • - • RESOLUTIOtil NO. SERIES OF 1988 • • • A RESOLUTIOtil GIVIRG MOTICE OF aEVIEW OF SALES TAX. llH ... WHEREAS, pursuant to Ordinance Mo. 61, Series of 1987, the City Council is required to review the .5\ increase in sales tax (one-half cent on a dollar); and WREREAS, City Council has in fact reviewed the increase in sales tax, including the receipt of two extensive reports on the subject; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ADOPTED AND APPROVED the 20th day of June, 1918. A t e a : Color ol Susan Van DYke, Aiyor of ntl . c y 0 • - l J RESOLUTION NO. 1(_~ SERIES OF 1988 -- • • • -- l4A ;; A RESOLUTION APPOINTING MEMBERS TO FILL POSITIONS ON THE BOARD OF ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY. WHEREAS, because of expirations of the teras of Fred Hale of Playnix Toys and Nick Hilger of Swedish Medical Center on the Englewood Downtown Development Authority, Council desires to appoint two new members to fill teras expiring June 30, 1992; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: The following individuals are hereby appointed to the Englewood Downtown Develo~nt Authority (EDDA) beginning June 30, 1988: IliUM Tera -ExpiratioD Kevin Steele June 30, 1992 (Safeway -Ha.pden & Logan) Ken Platou June 30, 1992 (Swedish Medical Center) ADOPTED AND APPROVED the 20th day of June, 1988. A test: ..... ·-. ---·----.... Patricia A. crov, city ci rk Color r o 1sa c y 0 copy o I • • - • • -. ;. 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