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HomeMy WebLinkAbout1987-07-06 (Regular) Meeting Agenda• - • • 0 CITY COUNCIL -REGULAR MEETINr, JULY 6, 198 7 • • • - • • 0 0 • • I . • • f • • AGENDA l'OR THE REGULAR MEETING OP' THE ElfGLBWooo CITY COUNCIL JULY 6, 1187 7:30 P.M. 1. Call to order. 2. Invocation. 3. Pledqe of alleqiance. 4 • Roll call. 5. Minutee. (a) 6. Pre-Scheduled Vieitore. (Pleaee liait your preeentation to ten ainutee.) rP , •J J ... l<rioty .... 1,. ....... '1" frt~'fi?J.fi. pr • ..,. to , 1 ~ accept a proclaaation oo.aendinq th-for the reacue of a aeven-y .. r-old child at Sinclair Pool. (b) Ma. Marie Gibaon and Ma. Julie Clark, The Training Sta- tion, ~141 Iouth lroa4vay, vill be preaent to diecuea Reeolution No. 11, approvinq a fee policy for uae of Englewood City parke by coaaarcial day care eentere. (c) Mr. Jett Cooke, The Kide Stop, 4301 South lroadvay, will ba preaent to diecuee Reeolution No. 11, approvinq a fa policy for uae of !nq1eVOOd City parke by coaaareial day care c ntere. (d) Mr. , Jlonteaorri lchool, 4ltt south Lincoln Street, will be preeent to diacuee Reaolution No. 18, approvinq a fee policy tor uaa of Inglewood Ci parke by e rcial day care ntere. 1 II, j 1 ' • I • • ~ • • • f • • City Council Aqenda July 6, 1987 Page 2 ~(o] ,au ,.u ~1At...ll-1!-v M. Courtney Blankenahip, Denver Child Care Center, ~~~~ Weat Florida Avenue, will be preaent to diacuaa Reao1u-.· tion Ho. 18, approvin; a fee policy for uae of Enq1ewood City parka by co.aercial day care centera. ~(f] Mr. Bob Beattie, attorney at law, 5445 DTC Parkway, will be preaent repreaentinq Interaountain Reaurfacing con- cerning the alurry aeal proqraa. I {,~ I 1. Ron-Scheduled Viaitora. (Pleaae liait your preaentation to five ainutea.) e. coaaunicationa and Proclaaationa. 9. 10. 11. Conaent Agenda. Minutea of ot May 13, Minutea of 3, 1917. Minutea of 1987. the Board ot Adjuataent and Appaala aeeting ~ 1987. I jjLLI/ the Urban Renewal Authority aeeting ot June ~ the Library Adviaory Board .. eting ot June 9, <..:- Public Hearin;. Ordinancea, Reaolutiona and Motiona. _ / ~"" ~Ill /&-.4 J (a) Reca..endation froa the Departaent of Bnqineerin; Ser- vice• to award the low bid for the underground raap clo- aure at Meat Girard Avenue and South Elati Street to C' I (b) ' (c) (d) Concrete Work _a of Colorado, Inc., in the ..aunt of $26,936. l.(. t'~lft;;r ~ "" ,_ ('~ ~4(1~-r) 0, ~ '3 Rae ndation froa the Utilitiea Departaent to au-7, A•-'/ thorhe the reaonin; of the McLellan Reaervoir property. ,d.A Reca.aendation Utilitiea Departaent to adopt a bill tor an ordinance acceptinq the eaa ... nta tor water and a r linea on the Narka property. Raaolution appointinq Maney M. Raid aa actin; City Attorney . A , ~ ~( / c t I • • • City Council Agenda July 6, 1987 Page 3 12. City Manager'• Report. r • • • ~L 41 (a) Set pre-budvet public hearing date for citizen•' p'f'_."Nt' 0 into tJl• 1918 bud9et on Auvu•t 3, 1187 •. -JZ :~~ · q.rJ ~r~(,,. m~Oif~"-<>--' ~f~ ;~ 13. Ci~y Attorney'• Report. 14. General Di•cu••ion. (a) Kayor•• Choice. (b) 15. Adjourn.ant. input I . . • -r • .. • I . . • { • • ENGLEWOOD CITY COUNCIL ENGLEWOOD I ARAPAHOE COUNTY I COLORADO R!JUlar Session .JULY l1 1187 I. Call to Order The regular ~eeting of the Englewood City Council was called to order by Mayor Otis at 7:30 p.•. 2 . Invocation The invocation was given by Council Me.ber Higday . 3 . Pled .. of Alletiance The Pledge of Allegiance was led by Mayor Oti s. 4 . Roll Call Present : Absent : Council Me.bers Higday, Van Dyke, Kozacek, Bilo , Brad -shaw, Otis Council Me.ber Vobejda A quoru. wa s present . (a) Also p,..sent : City Manager McCown Assis tant Cfty Attorney Refd D f~tor a-gland, Engfnttrfng Strvfces Df~tor Fonda, Utflfties City Clerk Crow COUNCil R BRADSHAW ..WED , COUNCIL ER IILO S C D, TO APPb TH MINUTES Of THE SP(CIA £liNG Of JUN 22. 1987 . Ay s : Council Na,y s : Abstain : Coun tl Ab nt : Council t on carr rs Hfgda~. Van Dy e, Bllo, Bradshaw, Ot is r Kozac r VobtJda I . • - • ENGLEWOOD CITY COUNCIL July 6, 1987 -Page 2 f • • • 6. Pre-scheduled Vtsttors (a) Mayor Otis read the proclamation Cotllllending Kristy Phelps, Susan lowry and other staff ~rs who participated in the rescue of a seven -year -old child at Sinclair School on June 16, 1987. Mayor Otis introduced Kristy Phelps , Susan lowry and the other three peo - ple involved, Patty Slewitska, Brad Anderson, Pa. Alcock. COUNCIL MEMBER HIGOAY MOVED, SECONDED BY COUNCIL MEMBER KOZACEK , TO APPROVE A PROCLAMATION COMMENDING KRISTY PHELPS, SUSAN LOWRY AND All STAFF MEMBERS FOR THE RESCUE OF A SEVEN -YEAR -OLD CHILO AT SINCLAIR POOL. Ayes: Nays : Abstain : Absent : Counc i l Me.bers Higday , Van Dyke , Kozacek , B11o , Bra d-shaw, Ot is None None Counc i l Me.be r Vobe j da Motion carried . (b) Marte Gi bson , 3065 South Corona , co-owner of the day care cen ter - The Training Stat t on , 2841 South Broadway , wa s prese nt and inqu i r ed as to why they w.re to be charged to use Ci ty Parks , wh i ch are con - sidered public property . Ms. Gibs0t1 wanted to know the rational e behind the recently approved re solut i Otl . Council "-ber Brad shaw expla i ned that the utter had been brough t to the Parks and Rec r e- at i on Co.hst on as bei ng a probl • fo r ot he r citi zens who wished to use the park s, but fe l t they cou l d no t du e to th e l arg e nu.ber of day care cen t er s , etc., ov erl oading th e park s. Ms. Gi bson re s pond ed t o ques t ions of Council, stat ing thei r da y care center br ings 32 chi ld ren t o th e park s t hree tt-.s a .anth ; 75S of t heir chi ld ren are Englewood residences; the age range wh ich utilizes th par ks is 3 years to 12 years, and the children are closely supervised. Julie Clark, co -owner of The Training Statton, concurred in Ms . Gibson's co.ents, stating that it ts the consensus of th par nts that this action is a dhcrt•tnatton agatnst working parents, and further that it is unfair to punish the children of par nts who have to work . (c) Jeff Cooke, pr -scheduled visitor, was not present . (d) Dale Crow, A8N Monttsorrt School, 4199 South lincoln Str t, stated that wh n they ustd the parks th y nforctd a v ry strict clean -up policy, that th chtldr n re alway clo ely su rvtstd . (t) Co..rtney Blan enshtp, Otnv r Child Care C nt r , st Florida Av nue, ud a stat nt to t tff t that ft a ff Council r actually rytng to dh oura u of th par s nd hat th • • I . • ENGLEWOOD CITY COUNCIL July 6, 1987 -Page 3 I • • • tactics being used were quite heavy -handed. He further stated that the real problems were the summer day camp operations, not the l i- censed day care centers; that this type of legislation would hurt the smaller day care centers who don't abuse the privilege of using the parks. Their organization makes an effort to teach the chil -dren to respect the parks . The following non -scheduled visitors addressed Council concerning the same topic: (f) Julia Hill, YMCA, stated that the additional fees required by Resolution No . 18 would create a hardship on their organization as they operate on a low budget and would have to pass any additional charges on to the families they serve. (g) Joan Whatton , 4886 South Logan Street , Assistant Director of La Petite Acad l!lly, Littleton, felt th is act i on was a disc rt •i nat i on against s•all children , that children are not respons i ble for ir- responsible teachers. She further stated that she was aw ar e of wh ic h group s were causing the probl ems, and when asked , she s ta ted that she wo uld be wi ll i ng to share that i nfo rm at i on . Coun ci l Member s Hi gday and Brad shaw re sponded to Ms . Whatto n, bo th basically stat i ng that it wasn 't fa i r to Englewood cit i zen s fo r "for profit " organ i zation s to use the Englewood parks to sub si dize the i r programs , thereby .. king a profit of th a t use . It wa s f ur - the r stated that 60S of the play equ i pment had to be replaced l as t year at an approx i .. te co st of S40,000 . Director Kuhn , Park s and Rec reat i on , con fi rmed t he cost of th e r e - placed equipment , and lltftt i oned the "pe rmit wtthout charg e• wh ich could be appl ied for by da y care cent er s. The .. j ori ty of tho se in the audi ence we re not aware of a pe rm it without cha rge being ava i hbl e. (h) Jeann Johnson, 1425 East Batts Avenue, Director of 1-.anuel Pre - school, a neighborhood non-profit preschool, stated it was almost fllpOssfble for her group of children to use the parks due to th S~r Fun Day Care Centers and the disregard shown the s .. ller children by th older chfldr n who are left fn th parks unsuper - vised by those c nters. She dtd not fttl the parks wer designed for that purpose . At th requ st of Council r Btlo, Ms . John · son d fined th various types of child care centers. COUNCIL ME ER BRADSHAW MOVED, COUNCIL MEMBER HIGOAY SECONDED, TO RECON - SIDER RESOLUTION NO. 18 • A A SOLUTION APPROVING A FE POLICY FOR US 0 LEWOOO CITY PARKS BY COMMERCIA DAY CARE CE NTERS. r VanDyk stated that sh felt th peak rs had 11 repre - hsue on th day care cent rs . It appeared that all th r aoainst t r solut on . S felt that th concerns should • I . - .... ENGLEWOOD CITY COUNCIL July 6, 1987 -P~ge 4 f • • • be ~ddressed, but in a proper •~nner by .anitoring, collecting stAtis- tics, ~nd uking reco.end~tions rehting to all groups using Englewood Parks. Not through i~ulsive or reactive passages of resolutions. Ms. Van Dyke shted that she would vote once again in opposition to the resolution. Ayes: Nays: Council Me.bers Higday, Van Dyke, Kozacek, Bilo, Brad-shaw, Otis None Abshin: None Absent: Council Me.ber Vobejda Motion carried. COUNCIL MEMBER HIGOAY MOVED, COUNCIL MEMBER BRADSHAW SECONDED, TO RESCIND RESOLUTION NO. 18 WITH THE UNDERSTANDING THAT THE MATTER BE FURTHER RE-VIEWED BY THE PARKS AND RECREATION STAFF. Before a vote was taken, several additional visitors spoke concerning the utter: (i) Austin &o.es, Parks and Recreation Co..issioner, residing at 3170 South Hu.boldt, advised Council that the City of Denver Parks and Recreation Depart .. nt charges SIS per day per park for su..er day ClllpS. Ctty Manager McC0111n stated that City Counctl Metlber Ted Hackworth had contacted hi• to clarify that Denver did not have a policy to day care centers, only su..er diY c111ps. (j) lynn Phtlibostan, Z985 South PennsylYanil, COIIIplitned about the nUIIber of chtldret~ lllho are under the ure of diY Cll!ps/care centers stattng she and her f .. ily felt discri•tnated against . She further stated that her f .. tly does not use the Sinclair Pool for the , ... reason. (k) Becky Radellacher, ZMI South Dol.lntng, stated the benefits of the Parks and Recreat ton Carousel Day Care Provr•. She supports a per.ft fH, especially for the s r day c111ps. M.,or Otis called for a vote on the •tton udt by Council Metlber H gday , s onded by Council r Bradshaw : ~ : Coun fl r Hlgday, Van Oy , Kozacek, Bllo, Brad · shaw , Otis Nay s: Abstain : Ab nt : Counctl r Yobejda . or Ot h annouftCed t and tha Park and re pl n to In ff t at 1 olutton • 18 re clnded ted to c bac with a 1 o stated tha I . • - • • f • • ENGLEWOOD CITY COUNCIL July 6, 1987 -Page 5 possible unsupervised groups who cause destructions in the parks will be prevented fr011 c011ing back to the parks . It was further suggested that Director Kuhn take the na11es and addresses of those people addressing Council concerning this .. tter. * * * • • Bob Beattie, Attorney at Law, addressed Council as a pre -scheduled visi - tor. Mr. Beattie was present representing lnter.ountain Resurfacing con - cerning the slurry seal progra. and contract between Inter.ountain Resur - facing and the City of Englewood. He stated Inter.ountain's position to settle and resolve the dispute existing concerning this contract. He called for an i~iate decision , and was inforlled by Council Metllbers that the .. tter would be turned over to the legal s taff and the Engineer - ing Depart .. nt for a decision . 7. Non-scheduled V1s1tors There were no additional non -scheduled visi tors other than tho se who ad - dressed Council concerning the fe e poli cy fo r use of Englewood Park s . (S ee 6 (f) through (k). 8 . ec-..teattons and ""-1-ttons No ca..unicat i ons or addit i onal procla.at i on s wer e r ece ived . 9 . Consent Atenda COUNCIL MOllER BILO MOV ED, COUNCIL MEMBER KOZACEK SECOND£D , TO APPROVE CONSENT AGEIClA ITEMS 9 (a) THROUGH (c ) . (a ) Mtm~te s of the Board of Ad j ust.ent and Ap pe als .. t ing of May 13 , 1917 . (b) Minut es of the Urbin Renewa l Au thority .. ting of June 3, 198 7. (c) Minutes of the library Advisory Board ... ting of June 9 . 1987 . Ayes : Nays : Council r s Higday , Van Dyke , Kozacek , Bi lo , Brad -shaw , Ot ts Non Abstain : None Absent : Counci l r Vobejda Motion carried . 10 . Pub lte Ntar 1nt No publt c hearing was sc heduled . I . - '\' ENGLEWOOD CITY COUNCIL July 6, 1987 -Page 6 { • • • 11. Ordinances, Resolutions and Motions (a) Director Ragland presented a recommendation from the Department of Engineering Services to award the low bid for closure of the under - ground riiiiP at West Girard Avenue and South Elat i Street. The Regional Transportation District has agreed to share 50/50 the cost of this iiiiProve.ent to the flow of traffic in and out of Cinderella City. The raJIIPS will be closed into the underground parking lot at the shopping center . As tt 1s, the ra111p presents a hazard for potential flooding as well as a hazard to traffic. COUNCIL MEMBER BRADSHAW MOVED , COUNCIL MEMBER BILO SECONDED, TO AWARD THE CONTRACT TO CONCRETE WORKS OF COLORADO, INC ., IN THE AMOUNT OF $26,936 PLUS CONTINGENCIES AND COST OF TESTING, FOR A TOTAL OF $30,583. Aye s: Nay s: Absta i n: Absent : Council Me.bers Hi gday , Van Dyke, Kozacek , Bilo , Brad - shaw , Otis None None Council Me.btr Vobe j da Mot i on carri ed . (b) Di rector Fonda presented the reca..endat i on fro. the Util i ti es De - part .. nt to authorize the rezoning of the Mclellan Rese rvo i r property . COUNCIL MEtii ER BAADSHAW fi»VED , COUNCI L MEttlER BILO SECOND£0 , TO AUTHORIZE TH E CITY MANAGER TO SUBM IT REZONING TO TH E MC LELLAN RESERVOIR PROPERTY IN DOUGLAS COUNT Y. Ayes: Nays: Abstain : Absent: Coun ci l Mt.be r s Higd ay, Va n Dyke, Koza ce k, Bilo, Br ad - shaw , Otis Non e None Council "--ber Vobejda Motion carried . (c) Oi rector Fonda presented ndati on fro. the Ut 11 it its De · part..nt to adopt a bill for an ordinance accepting the eas ... nts for wat r and s r 1 fnes on th Marks Dtvelol)llent property , lo - cated at Ha.pd n Av nut and lafay ttt Str t . COUNCIL BILL NO . 36, INTRODUCED BY COUNCIL MEMBER HIGOAY, WAS R AD BY TIT : A BILL FOA AN OADINANC ACCEPTJ EAS S FOA TH WATER AND S ER IN S ON TH MARKS 0 V£LOPM£NT PROP RTY . I . - ENGLEWOOD CITY COUNCIL July 6, 1987 -Page 7 r • • • COUNCIL MEMBER HIGOAY MOVED, COUNCIL MEMBER BILO SECONDED, PASSAGE OF COUNCIL BILL NO. 36. Ayes: Nays: Abstain: Absent: Council Me.bers Higday, Van Dyke, Kozacek, Bilo, Brad - shaw, Otis None None Council Me.ber Vobejda Motion carried. (d) RESOLUTION NO. 20, INTRODUCED BY COUNCIL MEMBER BRADSHAW, WAS READ BY TITLE: A RESOLUTION APPOINTING NANCY N. REID, ESQ. AS ACTING CITY ATTORNEY FOR THE CITY OF ENGLEWOOD, COLORADO, AND FIXING HER SALARY FOR THE PERIOD OF TIME SHE CONTINUES IN THAT CAPACITY. COUNCIL MEMBER BRADSHAW MOVED, COUNCIL MEMBER KOZACEK SECONDED, TO APPROVE RESOLUTION NO. 20, SERIES OF 1987 . Ayes: Nays: Abstain : Absent: Council Me.bers Higday, Van Dyke, Kozacek, Bilo, Brad - shaw, Otts None None Counc i 1 Mlllber Vobejda MottOft carried . 12. City llanaiM''I ~ City Manager McCCMI ~a•aftded that the date of Au9ust 3, 1987, 7:30 P·•· be established for a pre -budget public heartng, stating this was not required by Charter . Howver, It wuld provtdt an opportunity for cttizen tnput before the budget 1s COIIPleted . COUNCIL MEMBER HI~Y ~EO, COUNCIL MEMBER BILO SECONDED, TO SET A PRE - BUDGET PUBLIC HEARING AT 7:30P .M. ON AUGUST 3, 1987 . Ayes : Council rs Hlgday, V n Dyke, kozacek, Btlo , Brad · shaw, Otis Nays : None Abstain : None Absent : councn Mlllber Vobejda Mot10ft carried. 13 . City Attorney 's ltport Assistant Ctty Attorn y R td d d not hav ny .. u rs to brtng for Counct1. I . • - ENGLEWOOD CITY COUNCIL July 6, 1987 -Page 8 14. General Dtscusston (a) Mayor's Choice r •• • • Mayor Otis announced the reappoint.ant of Bradley Zieg to the En- glewood Housing Authority effective i.-ediately to a five-year term expiring July 1, 1992. 15. Ad.jou,.._-.t COUNCIL MEMBER HIGOAY MOVED TO ADJOURN. The .aeting adjourned at 9:06 p ••. au;~~J/. ~ City Clerk I . . • f • • PROCLAMA'I'IOR WHEREAS, on Tuesday, June 16, 1987, KRISTY PHELPS and SUSAN LOWRY, members of the Parks and Recreation Department staff, were on duty at the Sinclair swimming pool; and WHEREAS, KRISTY PHELPS observed a seven-year-old child in trouble in the pool, pulled him out, and administered mouth-to-mouth resuscitation, thereby restoring his breathing; and WHEREAS, SUSAN LOWRY and other staff members, following training procedures exactly, cleared the pool area and called paramedics; and WHEREAS, the professional attitude and prompt actions of these staff members resulted in a successful rescue and avoidance of a possible death by drowning; NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, hereby commend: UISTY PHELPS, SUSAII LOWRY AIID ALL S'I'APP IIDIBUS WHO PARTICIPATED IN THE SUCCESSFUL RESOLUTION OP THIS LIFE-THREATENING EMERGENCY for th ir quick thinking and exemplary conduct and do proclaim that they m et the highest standards of professionalism and are a cr di o the City of Englewood. GIVE und r my hand and seal the 6th day of July, 1987. • C ll i / I . - • • f • • MY PERSOII MY SPEM c•••• _, -lTD. EACH SUCH PElSOII tiJST SIGN THIS IOSTEI, STAll. liME, ADDRESS, _, AIDitA ITDI lllJeEI. PLEASE LIMIT YOUR COMMEITS TO FIVE RIIUTES. THOSE PEISCIIS litO WISH TO SPEM Ill FAYOI OF 01 Ill OPPOSITION TO A PUBLIC NEAll., SHOULD Sl. THE APPLICAILE PUILIC H£Aitl .. IOSTEI. I . • • I . Call to Order • r • • EIIILE1100D CITY COIIICIL EIRDIOOD, AIAPAII»£ CCUITY, cot.OUDO 5Jectal Sesston ... U, 1N7 The special .. eting of the Englewood City Council was called to order by Mayor Otis at 7:30 p.•. 2. lnvocatton The invocation was given by Counctl "--ber Vobejda. 3 . Pled .. of Alle,tance The Pledge of Allegiance was led by Mayor Otis . 4 . loll Call Present : Council "'-bers Higday, Van Dyke, Vobejda , Bi lo , Brad -shaw , Oth Absent : Counc il "'-ber Kozacek A quoru. wa s pre sent . Also present : Ci ty Man age r McCCMI Ct ty Atto rney Ol llft 5 . ll tnutes Assistan t C(ty Nan .,.r Varga s Di rector Parts aftd ltecre at i Oft Kuhn Deput y City Cl erk Ellis (a) CCUCIL ER IMDSHAal 110¥£0, CCUCIL ~E THE II INUTES Of THE RECULAR £TI ~es : "-Ys : Abstain : Absent : COUftC.11 "'-bers Van Oyk , Vobejda , 81lo , lradshaw .... Council "--ber Hi9day, Oti s COUftC 11 "--ber Koucek MottOft carried , TO I . • - • Englewood City Council Minutes June 22, 1987 page 2 6 . Pre-scheduled Y1sitors r • • • Due to special .. eting status, there was no discussion under this section. 7. Non-scheduled Visitors Due to special ... ting status, there was no discussion under this section. 8. c-.nications and Procl-tions (a) COUNCIL MDilER BltADSIWI DED, COUNCIL MDilER SILO SECOHDEii, TO REAPPOINT VAL T T(II)OI(A All) RICK IOSELLI TO THE EDOA BOARD FOR TE ~ OF OFFICE BEGINNING JUlY 1, 1187 THROUGH JUNE 30, 1991. Ayes: Nays: Abstain: Absent: Council .....,.,.s Higday, Van Dyke, Yobejda, 811o, Brad - sh•, otis 11oM 11oM Council .....,.,. lozacek Motion carried. 9 . COnsent Atenda COUNCIL NEMER IRADSfWI am, CCUCIL IOI(R lllO SECCII)(J), TO APPROVE CONSENT A&EIIDA ITEMS 9 (a) THROUGH (f). (a) Minutes of the Planning and Zoning C-hsi011 .. ting of May 5, 1187 and June 2, 1187. (b) Minutes of the UrOin Renewal Authority .. ti"' of Nay 6, 1187 . (c) Minutes of the Dol.lfttown O.veloplllftt Authority .. ting of May 13, 1187 . (d) Minutes of the Parks and Recreation c-tsston .. ttng of May 14 , 1187 . (e) Minutes of l quor licensing Authority ttng of May ZO . 1987 . (f) Ordinance No . 29 -.ndtng the (ftllMIIOOd Houst:l bhlbtl ttatton loan Ag.....,.t and authorizing the trusftr of SlO ,000 for •tntstr•- tton of the Houst~tg bhabilttatton '"tr • • I • • - ( • • • f • • ·Englewood Ctty Counctl Ntnutes June 22, 1187 page 3 Ayes: Nays: Abstain: Absent: Council Me.bers Higday, Van Dyke, Vobejda, Bilo, Brad -shaw, Otts None None Council "'-ber Kozacek Motion carried. 10. Publtc Hlartnt Due to special ... ting status, there was no discussion under this section. 11. Ordtnances, bsoluttons and llottons (a) RESOLUTION NO . 19, INTRODUCm BY CCUCIL MEMBER BRADSHAW, liAS READ BY TITLE: A RESOLUTION APPOINTING ~IN W. FOOTE AS AN ASSOCIATE MUNICIPAl JUOCiE FOR THE CITY OF ENGlE111000, COLORADO . COUNCil MEMBER IRADSHAII am, SECCII)[D IY COUNCil MENER BllO, PASSAGE OF RESOLUTION NO. It, Sertes of 1187. Ayes : lays : Council Me.bers Hlgday, Van D,rke, Vobejda , Btlo, Brad - •"•· Otts 11oM Abstain : 11oM Absent : Counc I 1 Me.ber Koucelt Motton carried . 12 . Ctty .......... , ~ Due to speci al ... ttng statu s, t here was no discussion under thts section . Du to special Stet 10ft. 14 . leneral Dtscus s t on (a) Mtyor 's Choice Due to special Stet lOft. tlng stlhs, t re was no dtscuuton under thts t fng statu , t re •• no dt cu s ton u r thts I . • -• f • • Englewood City Council Minutes June 22, 1987 page 4 (b) Council Me.ber's Choice COUNCIL MEMBER BRADSHAW MOVED, COUNCIL MEMBER VOBEJDA SECONDED, TO RECONSIDER RESOLUTION NO. 18, Series of 1987. Ayes: Nays: Abstain: Absent: Council Me.bers Higday, Van Dyke, Vobejda, Bradshaw, Otis Council Me.ber Bilo None Council Me.ber Kozacek Notion carried. Council Me.ber Bradshaw stated that she was asking Council to reconsider this, as six citizens had contacted her regarding the probl .. s they have had trying to use the park shelters. Council Me.ber Van Dyke questioned if there had been any addition s or changes to Resolution No. 18 as originally presented . Ms . Brad -shaw stated that it was the s .... Council Metlber Bradshaw responded to questions fr011 the Council -..bars . The Council "--bars voiced the s ... concerns they had at the June 1, 1987 .. eting. Council Me.ber Bilo stated he had not received calls on this resolution, pro or con, and ~ld like to hear data to substantiate the need for this resolution . He noted that as long as day care facilities paid S200 .00 then the bus loads could still COlle tn, so the resolution as presented did not really address the probl .. of park usage. Director of Parks and Recreation Kuhn presented the infonaatton gathered fr011 ~nitortng the nu.ber of day care facilities ustng the parks . He noted that the Parks and Recreat ton Depart..nt per - sonnel would be responsible for enforcing the Resolution and th Police Depart .. nt has agreed to assist In th ev nt of a confronta - tion . Mr . Kuhn st ated there are four or flv groups o us th parks during the course of the y ar who create the probl . Th y bring In school bus loads at a t .. with perhap two supervi sor s who are not really wat ching the Ids . He noted that th nu.ber could be as high as t nty groups that wtll be using th fac 1ft s this s r . Mr . Kuhn noted that the Colorado R vised Statute ld ntifles a child day care center as any facility that car for ~re than five chlldr n who are not related to th per n ta tng care of th • I . • - • ·Englewood City Council Minutes June 22, 1ga7 page 5 r • • • Council "--ber Van Dyke .. de the following state.ent: "Our role as legislatures Is to responsibly address and rectify serious City concerns . In order to acco.pltsh this task, equitably and effi - ciently, we .ust be provided with adequate tnfor..tton In which to verify, beyond a shadow of a doubt, the need to t~ose new laws. In the case of this Parks and Recreation reca..endatton, to t~ose a fee for the use of City Parks by professional day care centers, substantial and In depth tnfor..tton Is woefully lacking. Add to that, the fact that there's a serious lack of .. npower available to effectively enforce a requtre.ent for per.tts, leads .. once again to take a stand In opposition of this .atton. When it co.es to t~le.enttng what is .. ndated, we as responsible c-.nity leaders, .ust be able to budget the necessary personnel and/or funds for enforce.ent of new laws. Otherwise, we find ourselves In the act of legislating e.pty and .. antngless laws. I strongly feel the intent of this legislation needs to be studied. However, I do not feel the additional research at this tt .. s Is sufficient In nature to warrant the passage of this legislation In Its present state.• Mayor Otis stated he would support this resolution, but he noted he did not feel the flat fee of $200 .00 wa s equitable . He noted that Section two gives the Parks and Recreation Oepart .. nt the respon - sibility of notifying users, charging the fees and deter.tntng how the enforce.ent would be handled. This appears to give th .. a lot of leeway. He SU9gested that the Parks and Retreat ton Oepart .. nt could co. back to Council with a SUCJ9est ton for a sl tdtng fee schedule, charging up to $200 .00 a year . He felt It would be very difficult to put anything like this In effect by July 1st or even this s~r. Council Me.ber Bradshaw questioned Mr . Kuhn about the diffi cu lty of putting this resolution Into effect . Mr . Kuhn stated that they do require a per.tt at this tt .. , but there Is no charge . He felt they could advertise In the paper and tnfor. the groups as they co.e Into the Parks that they would need to pay a fee before using the facilities the next tt... Mt-. Kuhn also addressed a concern raised at the June 1st ... ttng, as to h th y uld r ally kn which group re there. He stated the per.tts ld n red, tch uld h lp with -anttortng th us rs and th record k ping . Counc t1 r Van Dyke requested that t Par s and R cr on Depart statistics prepared for Cft Cou 1 at th nd o s r, as to how .. ny day care cent rs re ppro nd cha"9ed, et . Mr . Kuhn stated th Parks and reatlon Depart nt sh In· t ftCMd to do that Initially, as group ar us ng th n ta,.,.r nUIIbers and -ar consht ntly . I . • ( • • Englewood Ctty Council Mtnutes June 22, li87 page 6 r • • • The Counctl a.tnded the Resolution as follows: Change •a flat rate fee of S200 per year• to read •a fee up to S200 per year• (two places) and in Section 2, "charging the fees• to read "chargtng and deten~ining the fees•. COIMCJL fDBER BRADsHAw ..WED, COUNCIL MOllER HI~Y SECOII)[D, TO APPROVE THE MEJI)[D RESOLUTJCII Jm. 18 APPROVING A FEE POLICY FOR USE Of EfiGLEIQJO CITY PARKS IY COIIIERCJAL !MY CARE CENTERS . ~es: Nays: Absent: Counc11 .....,_rs Higclay, Vobejda, Bradshaw, Otts Counctl "'-bers Van Dyke, Bilo Council Melber Kozacek Notion carried . 15. Adj~ COUNCIL MEMBER HIGDAY ..WED TO ADJOURN . The •ettng ad journed at 8 :03 p ••• I . • • • WHEREAS, on Tuesday, June 16, 1987, KRISTY PHELPS and SUSAN LOWRY, members of the Parks and Recreation Department staff, were on duty at the Sinclair swimming pool; and WHEREAS, KRISTY PHELPS observed a seven-year-old child in trouble in the pool, pulled him out, and administered mouth-to-mouth resuscitation, thereby restoring his breathing; a net WHEREAS, SUSAN LOWRY and other staff me~ers, following training procedures exactly, cleared the pool area and called paramedics; and WHEREAS, the professional attitude and prompt actions of these staff members resulted in a successful rescue and avoidance of a possible death by drowning; NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, hereby co.mend: for that cr di ltRISTY PBBLPS, SUIAII LOIIaY A11D ALL ftAPr "'""lDS WHO PARTICIPATED IN THE SUCCESSFUL RESOLUTION OP THIS LIFE-THREATENING EMERGENCY h ir quick thinking and exeaplary conduct and do proclaim h y m t h highest standards of professionalism nd are a o h City o Engl od. y hand and s al the 6th day o July, 1987. • I . • • RESOLUTION NO. ~ SERIES OF 1987 ~~~ (, 1 • • • A RESOLUTION APPROVING A FEE POLICY FOR USE OF ENGLEWOOD CITY PARKS BY COMMERCIAL DAY CARE CENTERS. WHEREAS, the Englewood Parks and Recreation Commission is concerned about the heavy outside and local use of the City's parks by commercial day care centers; and t-niEREAS, a survey of the surrounding metro parks departments indicates that most parks departments charge fees for use of their parks by commercial day care centers; and WHEREAS, the Englewood Parks and Recreation Commission has discussed various possibilities and has recommended to the Parks and Recreation Department that the commercial day care centers using the Englewood parks pay a fee of up to $200 per year; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Englewood Parks and Recreation Department is hereby authorized to implement a fee policy charging a fee of up to $200 per year to COmMercial day care centers using the Englewood parks. Section 2. The Parks and Recreation Department is given the responslbllity of notifying users, charging and determining the fees, and determining how the enforcement of this policy will be handled. ADOPTED AND APPROVED this 22nd day of June, 1987. Eugene L. 6 is, Mayor LOucrlahla A. Ellis, Deputy City Cl rk I, Loucrish • A. 11 a, D pu y C ty Clerk o th Ci y ot n91 wood, Colorado, h r by c r ify th for oin9 is • tru copy o R aolu ion No. ____ , • ot 1987. I • • - • I. • • • BOARD OJ' ADJ08'1'11BII'l' MID APPBAL8 BIIGLB110oo, COLORADo IIAY U, 1987 CALL '1'0 OllDBR. The regular aeeting of the EnglewOOd Board of Adjuataent and Ap- peal• waa called to order by Chairaan Welker at 7:30 p.a. Maabera Preaent: Seyaour, Rallagin, Brown, P'iah, Lighthall, Doyle and Welker. Meabera Abaent: Hone. Alao Preaent: Dorothy Roaana, Staff Adviaor Suaan Rirach, Senior Planner Mary Alice Rothweiler, Planner I Haney Reid, Aaaiatant City Attorney Chairaan Welker atated that there waa a quorua of aeven aeabera, and five affiraative votea would be required t o grant a variance. The Board of Ad juataent and Appeal• ia authorized to grant or deny a variance by Part 3, Section 60 of the Englewood Municipal Code. II. APPROVAL OJ' KI~8. Chairaan Welker atated that the Minute• of April 8, 1917, were to be conaidered for approval. BOARD MEMBER LIGHTHALL MOVED THAT THE MINUTEs OP' APRIL I, 1917, 81 APPROVED AS WRITTEN. Mr. P'iah aeconded the a otion. Upo n a vote , all aeven ••abera preaent vot d in the atfiraative, and the Chairaan ru l d the Minute• were approved aa ... nded . III. APPaQVAL or I'IMni 8 or PAC7 . lOUD IR SEYMOUR MOVED THAT THE P'INDI 17, 10-17, 12•17 AND 13-17 AP ROVED Hr. H llagin • cond a ll aeven a n rul d th IV. ~llo aear a •· Th c 0 h • • • • • IN CASES 9• at iraative, a wr itten. c • N • I • • • • • that he would not participate in the discussion and would abstain froa voting, but he would preside during the hearing. Mr. Welker said he had proof of publication and asked the staff to identify the request. Mary Alice Rothweiler vas sworn in for testiaony. Mrs. Roth- weiler stated that the Mr. c. Wills Long of Long and Associates, Inc., vas appealing the provisions of Section 3305 (c) of the 1985 Unifora Building Code, which section requires a ainiaUJI clear headrooa height of seven feet in the corridors. The appel- lant's structure has three locations on the second floor where enclosed beaas intrude into the 7 foot clearance. One of the projections is 12• vide and the other two are 30• vide. The Chairaan asked that a representative of the Division of Building and Safety explain the caae. Gary Yoder, Chief Building Inspector, vas sworn in for teatiaony. He stated that the Uni- fora Building Code requires corridor ceiling height to be no less than seven feet. Thera are three areas in the appellant's buil- ding which have structural beaas intruding upon the seven-foot required ceiling height. One beaa reduces the headrooa to 6 1 7•, one to 6'5• and one to about 6'6•. Mr. Yoder said this is not a ainor aatter when soaeone aight strike his or her head. He noted that the wi dth of the projection has no bearing on the case . Mr. Yoder sa i d the U .B.C. has required seven-foot corridors since 1970. The bea .. were in existence before the current reaodeling vas undertaken. The construction plana subaitted by the archi- tect for Mr. Long's r .. odelinq project show seven foot corridors. The perait for the r .. odeling vas issued based on the construc- tion plans. Mr. Yoder aada the first field inspection of the r .. odeling on January 6, 1987. At that t i .. he verbally notified the for ... n that the beaas vere too clos e to the floor. In Mr. Yoder's opinion, changes could have been aade at that ti .. to .. et the seven foot requir ... nt with little expen .. and incon- venience. on January 9, 1917, Mr. Yoder repeated his warning that the beaas vera nonconforaing. I t vas expected the contractor would corr e the probl... In l ate January the Division • nt a l atter requesting a review. a.- causa th own r waa nxious to aove into th building, a T.c.o. vas iaau d on 3-20-87 v th the understanding he bu lding ua be rough up to Code, eapeci lly ov rh d in he cor- r dora. Inste , th r d cided to ap 1. I . - • • • • atat ... nta of background aade by llr. Yoder. Be noted that door- way• are only required to be 6'8•, and the projection• are within three inchea of that height. llr. riMer atated that there had bMJs three ... tint with the Di- viaion of BuilcUng and Safety before the perait vaa iaaued. The reaodeling waa difficult to plan, and the corridor ia circular. It waa thought that all the requir.MDU had been -t. llr. riah- er .. id that the ruaon for the requir.Mnt 1a fire aafety. Be aaid, in hia opinion, if a doorway ia couidered .. re in an ... r- gency, ao ia thia corridor. Be noted there had bMJs no available plana for thia building, all .... Ur.Mnte bad to be aade, and thia waa an honeat error. llr. Willa Long, 4636 South Lafayette, vae avorn in for t .. tt.ony. Be .. id be 1a the ovner or tbe aubject property. Be .. id that vbile the letter of the o.a.c. vaa not -t, the intent vaa. 'l'bere ia, 1n bia opinion, no .. rety beaard. Be atated that be ia tall, and doean • t have to duck bia heed, and there ia no f-ling of ob8truction in tbe corridor. Di ion follow.d. lla. Lip of opinion t corridor could bave bMJs planned differently. • 8efiiO'Ir and • riM .. id that it vaa not pl differently a ince it .,.. expected that 7 foot cl .. rance would be provided throufbout tba corridor. llr. Se)'IIOUr .. id be didn't f 1 by obat~ctiou. ltr. Brovn .. id in n of proviaion 1• .. fety. • Ligb 11 rvec1 t 1 pointe are a 11 , no the er of • corridor. 'l'be foll lOCked in e)'IIOUr • tha in bie opinion, • Hallagin • a a • ni vo of -, - , and gave find 1, • -• • • Kr. Brown said he had voted for the appeal because there is evidence that the appellants tried to abide by the Code. This is a minor infraction, and not a safety hazard. Ks. Lighthall stated that she voted against the appeal, saying they had coapetent and adequate assistants who knew the Code. Kr. Doyle said that he voted for the appeal because, in his opinion, there vas not a safety hazard. There were four affirmative votes and two neqative votes, with one abstention. The Chairman ruled the appeal vas denied. Kr. Welker recessed the aeeting at 8:25 p.a. The aeeting reauaed at 8:40 p.a. with the saae persona present. BOARD MD1BER LIGHTHALL MOVED THAT THE MEETING BE TURNED OVER TO THE VICE CHAIRMAN, HOWARD BRONN. Board Meaber Fish seconded the action. Upon a vote, all aeabera voted for the transfer, with Kr. Welker abstaining. Mr. Brown announced that the aeet i nq vas open for a reconsidera- tion of the previous case. Mr . Fish asked that Gary Yoder return for questioninq. Attorney Reid said that a reconsideration does not perait new teatiaony. Kr. Brown said that the central issue in the appeal ia whether there ia a safety factor involved in the caae. 80AaD wnmu LIGH'I'IIALL 110VED THAT, Ill CASE 19-17, POR PROPERTY LOCATED AT 1795 WUT YALE, THE 80A1tD GIWIT Alf APPEAL OP THE PRO- VISIONS OF SECTIOII 3305 (c) OF T11B 1915 UlfiPOIIII BOILDIIIG CODE, WHICH SECTIOif UQUIUS A KIIIIJKJII CLEAR HU~ DIGIIT OP SEVD FEET Ill 'I'HE COUIDORS. TIIB ITilOC'ftJQ AT 1795 WEST YALI: AVEIIOE HAS 'l'IIRZZ LOCATIOIIS Olf 'I'HE 8BCOifD P'LOOil Dtc:LOIBD BUill Ill- TROD& IIITO TID 7 P'OOT CLBAU.Jrcz. OlfZ OP THE PltOJECTIOifS IS U • WID Alft) '1'HE O'niEJt '1'WO AltB 3 0 • WIDE. Board aber Rallagin aeconded the ~aCtion . ra loc in ir votes, and v r tindinqs as t at in his opinion ere 1a no sate y ns dera on, did no consider Mr . ab y s .... - I • • • • • Mr. Doyle voted for the appeal, as he had before. Mr. Brown concurred. Mr. Brown said that with six votes in favor of the appeal, the motion was granted. Mr. Welker returned to chair the aeeting, and a recess was de- clared at 8:45 p.a. The aeeting reconvened at 8:50 p.a. with the aaae persons present. * * * * * Chairaan Welker opened the public hearing for Case fl5-87, for property located at 3996 South Broadway. He stated he had proof of publication and asked that the staff identify the request. Mary Alice Rothweiler said the appellant, Bruce D. Elsey, was requesting an appeal of the provisions of Sections 504 (b) and Table No. 5-A of the 1985 Unifora Building coda, which provisions prohibit openings in walla of H-4 occupancies which are lass than five feat fro• the property line. The appellant is required to provide an ... rgancy door fro• the building at 3996 South Broad- way, and feels that he has no alternative but to locate that door in the north wall, which ie on the property line. The Chairaan asked that a representative of the Division of Buildift9 and Safety explain the request. Walt Grodi.taki, Coda Adainistrator was sworn in for taatiaony. He stated that the property at 3996 South Broadway vas recently rellodalad. Aa plans ware pra .. ntad, the r8110delift9 -t u.a.c. cod .. for 110St uses. However, the new tenant runs an auto repair facility, and an auto repair facility aust ... t aora strift(Jant raquireaan~a. Tba auto repair b\lainaaa will occupy apace vbich abuts the property line on the north, and there is liaitad apace in the tac lity tor a second door. Thera are overhead doors, and an exit door ich is on the north property line: however, a door on the property line does not ... t the raquir ... nts, because it is poaaible for a door to be blocked by the occupants of th property next door . Tha coda prohibita an exit door closer th n va t troa property 1 ina. I • • • • Mr. Welker asked what solution exists. Mr. Groditski said that he could perait the violation teaporarily, and then another loca- tion for the door would have to be found. Mr. Fish asked why the door was permitted when the reaodeling took place. Mr. Groditaki said the area waa vacant, the door ia peraitted for other uaea. He said the door was installed during the reaodeling, but it had not been part of the building perai t, and the door was not inspected. Mr. Fish asked how wide the building is. Mr. Groditaki said the overhead doors take up aoat of the rear wall and there ia leas than 36 inches between those doors which were pre-existing. Mr. Brown .. id there ia no problea now, as long a a the property to the north ia not sold. Mr. Groditaki said fences or parking could be added next to the door. He said it is iaposaible to put a door goinq into the cat Clinic because there is pluabing in that wall. It aight be possible, however, to put in a aaaller overhead door, and then put a door between the overhead doors. There ware no further questions, and the Chairaan asked that the appellant coae forward for teatiaony. Bruce Elsey, 27425 Moun- tain Park Road, Evergreen, waa sworn in for teatiaony. He said the issue ia whether the exit wall presents a hazard. Since Dr. Elsey owns the property to the north, he said he was willing to cloud the title in order to quarantee that the footprint would reaain as i t ia. He agreed that the door had be n put in at the s ... tiaa aa the other reaodelinq. Because he had known a door would be required, he just asked the contractor to put it in while be was doing the other work. or. Eleey .. id raaovinq one of the overhead doors would coapro- aiM the uM of the auto repair facility. Ten-foot doors are required, this ia a weight-bearing wall , and there ia laaa than 26 incbaa between the two ovarbead doors. i le 1 t ia true a car aiqbt perk next to the door, this could also happen if the prop- erty line ware in a different place. Kr. Welker asked why the door could not open into the cat Clinic. Dr. Elsey said there is a sink, a row of cabinets and a row of cages on the other aide of the wal l, and there is no plac to relocate th . Dr. Elsey noted there ~s a parking agr aent al- ready, and it could be xpandad to include cc ss o and froa th door in qu stion. In addi ion, railro d i s or iron could be pl c d n r h door to pr van ny bloc in ot h door. I • -• • • unable to aeet the threahold requir-•nta tor paneled overhead doora. He aaid the ainiaua aized door would be 3 teet by 6 teet, eight inchea. Mr. Hallagin aaked if poata would be acceptable to prevent block- age of the door. Mr. Groditaki aaid the door ia not properly fire rated, and aight have to be changed. The Chairaan incorporated the ataff report into the record and aacertained that the ataff had no further coaaenta. The public hearing waa cloaed. BOARD KEMBER BRONJf MOVED THAT IN CASE fl5-87, THE APPELLANT BE GRANTED AN APPEAL OF THE PROVISIONS OF SECTION 50' (b) AND TABLE NO. 5-A OF THE 1985 UNIFORM BUILDING CODE, WHICH PROVISIONS PRO- HIBIT OPENINGS IN WALLS OF H-· OCCUPANCIES WHICH ARE LESS THAN FIVE FEET FROM THE PROPERTY LINE. THE APPELLANT IS REQUIRED TO PROVIDE AN EMERGENCY DOOR P1tOK THE BUILDING AT 3996 SOUTH BROAD- WAY, AND FEELS THAT HE HAS 110 ALTERIIATIVE BUT TO LOCATE THAT DOOR IN THE NORTH WALL, WHICH IS ON THE PROPERTY LINE. Board Meaber Fiah aeconded the aotion. The aeabera locked in their vot .. and gave their f inding• aa tollowa. Mr. Sey.our atated that he voted aqainat the appeal becauaa there are other waya to aolve the problea. Mr. Hallag in atated that he voted againat the appeal because there are other optiona. Mr. Fiah Hid that be voted aqainat the appea l because the nature of the builcUnq i a aucb that thia ia a natural parkinq place, and the use of the builcUnq tor auta.otive purpo._ uJt .. thia a dan- geroua aituation. Mr. Brown aaicS that hia vote upheld tbe u. a. c. Ka. Liqhtball concurred. Mr. Doyle noted th potential hazard, and aa cS aga ina he appeal. r a id 0 vot • r d th ropoa 1, • io • o • • • -, - a h had voted a lid I • • • .. - request. Mary Alice Rothweiler stated that the appellant, Paul Cortes, was requesting an appeal in order to retain the storaqe loft and stairway which he has built in the garaqe, which loft and stairway were not included in the application for the build- ing penait for the garage. Thia is an appeal of the proviaions of Section 507, Table 5-D, and Section ll02 (a) of the 1985 Oni- fona Building Code, which liait the height of a residential garage to one story. The Chairaan aaked that a repreaentative of the Diviaion of Building and Safety expla i n the caae. Gary Yoder caae forward and aubaitted Exhibit I, a packet of papers giving a history of the caae. Be aaid that the appellant called for a final inapec- tion on 3-20-87 for an addition to a garage. Because there was a loft and an interior atairway which had not been on the original plan, the final inapection waa turned down. 11r. Yoder called the Board • s attention to the original building penait application filled out by Kr. Corte• for a one atory 16' by 26' addition. Be aaid that on the application ia a aentence stating that all building aust coaply with the subaitted plana with no unapproved deviation. Be noted that on the third page of the packet there was a crosa aection, showing no flooring, no ataira and no ind cation of a atorage loft. The Building Code will not penait a 9ara9• over 12 feet hi9b with a ratin9 of Ml, Division 1, a detached private 9ara9e. It alao require• that there be no aore than 1, ooo aqu.are f .. t or one a tory. Kr. Yoder aaid that private garage• often contain flaaaable liquids, are not aonitored, and do not ... t requir ... nta for fire protection. The additional stora9e provided by a .. cond atory increa .. a the atringency of appllcable codea, and this 9ara9e doea not .. et the increased atandarda. In add tion, the 9ara9• ia within thr .. feat of property line, and there ia !ire danger. 'l'be interior atairway ia not built accord ng to code, in fact none of the unauthori&ed additions ... t the letter or intent of the code. The kind of windove installed in the valle and as elcy- li9bts do not ... t cod•• and are !~~proper ly conatructed. Mr. Yoder told the appellant that be would have to reaove the floor- inC) and atairway or appeal bia ruling to th Board. I . • • .. - does grant the appeal, it would be necessary to have an engineer or architect check to see if the flooring is strong enough. Kr. Hallagin asked if Kr. Cortes had been notified of the code requireaents. Kr. Yoder said he had aailed a letter listing the deficiencies. There were no further questions, and the Chairaan asked that the appellant co.e forward for teetblony. Kr. Paul Cortes, 3182 South Logan Str .. t, was sworn in for testblony. He adaitted that his plan was insufficient. He said that he had hurried with the plan so that he could begin the construction i.aediately. On the original plans he did state that he wanted rafters for storage, and only estiaated the dt.ensions. When he actually built the garage, the pitch was higher than expected. He added the floor, and because a ladder is lSCJ&l, he added a stairway, Which he didn't expect to be affected by the Code. He said that, in his opinion, it is cloee to code. Ke said that the garage is not over 1, ooo square f .. t unl .. s the storage area is counted as a .. cond floor. Ke was confident it could be aade fire safe. Kr. Cortes said he ba4 illproved the property. He landscaped and built the shop for his own use. The floor joists are structural- ly sound for light storage, in his opinion. He said he had to build the stairway as it is to obtain aaxt.UII headrooa. Be said he hadn't subaitted plans for the stairway because it was a hur- ried job. Be bacln't conaiderecl the stairway and floor as .S.Via- tions. He assu..d that since a ladder is peraissible, the stair- way would be all right. Be said he put in the bay windows be- cause the garaCJ& is a long, narrow building, and he wanted to aake the view froa the houae .ore attractive. He said he vould be r odeling tbe house, and will not deviate froa that plan. There were no further questions, and no further speakers for or against the appeal . The Cbairaan incorporated the staff report into the record end asked if the staff had anything further to add. Mrs. ~ns said there van no further staff cc.aenta. aber Hall ion. rs loc n 9 ve t e r find nt• •• toll I • • • • • Mr. Hallaqin said that he voted •no• because the additions are not even close to the requireaents of the Unifora Buildinq Code. Mr. Fish said he vas of the opinion that the appellant added the stairway and storage area with willful intent to aislead. Kr. Brown stated that he voted against the appeal. He observed that the plans should have been followed. Ms. Liqhthall said that she voted •no• because the appellant chanqed the plans. Kr. Doyle stated that he voted •no• because the Buildinq Codas vera iqnored. Kr. Welker aaid the appellant aust follow the rules; there are safety probl ... , structural probl ... and the floor is not strong enough to support the possible storage. When the votes ware displayed, one aeaber (Kr. Seyaour) had voted for the appeal, and the other six aeabera voted aqainst it. The Cbairaan stated the appeal vas denied. DrRECTOR'S CHOICE. Krs. Roaana said that as 110re appeals are aada it aay be neces- sary to review the authority of the Board, and guidelines need to be established. Ms. Reid and the Board discussed criteria for decbions on ap- peals. lira. ltollans suggested the Board aiqht want to call a study ... •ion to diacuaa this aatter. The suggested alternative aight be to establish a Board of Appeals with aeabers versed in construction by training and experience. Kra. ltollana announced that City llanager llcCovn had been na.ecs by Pi Alpba Alpha as the OUtstanding PUblic Adainiatrator for 1917. Tbe Board extended ita congratulations to Kr. Mccown. BO.UtD Is CHOICE. Jtr. lker velcoaecl Kr. Brown baclt troa his vac ation, and said he l d be unable to att nd the June e ting . t i nq djourned at 10:30 p.a . 0 - I . - • • • • EN&lEWOOO URIM RENEWAL AUTHOIITY ... 3, 1987 I. CALL TO OIDD. The regular ~eting of the Englewood Urbar Renewal Authority was called to order by Chair..n Robert Voth at 5:40 P. M. Members present: Totton, VanDyke, Voth, Cole, Keena, Mcintyre Hanson, Nonvoting Alternate Powers, Executive Director/Executive Secretary Members absent: Minnick Daugherty, Nonvoting Alternate Al so present: Assistant Director W.. R. Hinson legal Counsel Paul C. Benedetti City Mlnager Andy McCown EDDA Executive Director Penny Dietrich Mr . Totton expressed his appreciation to the ~rs of the Author i ty fort flowers which were sent to hi• during hts ~upention fi"'OI recent by -pu s surgery . Mellbers of the Authority expressed their best wishes for 1 con i n d rapid recuperation to Mr. Totton, and welco.ed hi• to t t i ng . II. APNOYAL OF "IlliTES. Miy 6, 1987 Chaina.n Voth stated that the Minutes of Rly 6 , 1117 t o approval . Ms . Keena noted that on PAge 4 n the discussion of t fa r 'f. i ng fs r•flected concerning the requl t that t 1 prov de MCir"'Otr1 s unnce ; she felt that such 1 referenc shcM.Ild be M:l 1 t tnl IIOVed ; anDyke seconded : T M nutes of Rly 6 , 1117 be 4 . VanOy , Yo , Intyre . on carr! 0 r ctor o Ill propo to s 1 . I . tr t 1Au I • • -• • • for resale to Tra.mell Crow for the Phase III develop.ent. The proposed resolution is the standard resolution which establishes the fair market value, authorizes negotiations for acquisition, and further authorizes condemnation proceedings should the negotiations for acquisition fail. Ms . Powers stated that she understands the First National Bank has acquired an appraisal by Peter Bowes, and has engaged Mr . Montano to represent the. in this •atter. Mr. Hinson outlined the area in question, and set forth the square footage of the parcel in question. Discussion ensued. Ms. Powers stated that the Authority needs to get i-.ediate possession of the property. If an agree.ent on the value of the taking is not reached , condem - nation proceedings will have to be instituted, and the valuation wil l be determined at a later date . Totton 1110ved: Cole seconded: The Urban Renewal Authority approve and adopt Resolution 110, Series of 1987, A IESOLUTI. Of THE Ell&lEWOOD UUM I£IEMAL ~ITY ASSOTI• THAT THE APPIAISED VALUE FOil VACMT PIOPOTY CliO IY TIE FIIST IATIOML 1M& OF EJIGLE- MOCID I£M£JI EM.I EMDGD PAIIMAY -3400 SOUTH INIIOCit STIEET (P. P. I. llt71-34-3-1t-032) IS THE FAll NAIKET VALUE Of THIS PIOPOTY, DIIECTI. STAFF TO USE SAID FAIR MilEY VALUE AS A IASIS Of IE&OTIATII*S TO ACqUII£ SAID PIOP£ITY -AIITHIIIIZI• TIE CCIGOIIATI. Of SAID SHOULD IESOTIATIOIS FAIL. AYES : S: Vot , Cole, n eena, "<:Intyre, Totton, VanDyke ABSENT : "innic ABSTAI : T .ation carr1ed . IV. I . ( • • ,. - AYES: Cole, Keena, Mcintyre, Totton, VanDyke, Voth NAYS : None ABSENT: Minnick ABSTAIN: None The motion carried. V. MEJI)m MD RESTATm A&REEREIIT FOil DISPOSITIOII MD DEVROPMMT Resolution Ill, Series of 1987 Ms. Powers discussed the progress of negotiations in the assignment of the redevelopment rights to Lincor Properties of Colorado fro. Girard Place Ltd . Cole 110ved: Keena seconded: The Urban Renewal Authority go into executive session. AYES: NA S: ABSENT: ABSTAIN: Cole, Keena, None Minnick None The .ation carried . Voth, Totton, Mcintyre, VanDyke • • • • • • • • • • Hr . Myles , neqot atlon consultant, entered the -.eting. • • • * * • * • * • e na .aved : Cole second d : Th Urban Renewal Authority ca.e out of executive session . A ES : YS : Intyre, Totton, VanDyke, Voth, Cole ABSE T: ABSTAI : d . I • • • • • AVES: Mcintyre, Totton, VinDyke, Voth, Cole, Keen1 NAYS: None ABSENT: Minnick ABSTAIN: None The motion c1rried. VI. DDWID TO COMEJICE C~IOII Midison Pizzi CorporAtion Ms. Powers st1ted thAt no construction hAs begun on the Rocky Rococo Pizzi rest1ur1nt, even though they h1ve tAken steps to Apply for 1 wine And beer license. She stAted th1t she cAlled the locAl office lAst week, And WAS in- formed th1t the dAte for beginning construction is now June 21. Ms . Powers 1sked Mr . Benedetti to review the fona~l deaind wh ich he prepAred for the con -siderAtion of the Authority . Mr. Benedetti stAted thAt notice would be sent to the CAliforni1 Office, 1s well 1s to the locAl office. This notice pl1ces the ca.pany in default of t General Warranty Deed, which required ca.pletion of the i~rove.ents by a da e specific, and asks that the ca.pAny cure the default or forfeit the property to the Authority . Discussion ensued. VanDyke IIOVed: Cole seconded: The Urban RenewAl Authority direct the stAff to file the D£MAN0 TO C<IW:NCE CONSTRUCTION OF IMPROVEMENTS and send copies to the locAl lnd national office . AYES: Totton, VanDyke, Voth, Cole, Keena, Mcintyre YS: None ABSENT: Minnick ABSTAIN : ne Th 110tlon carried . VII. s. R.lgland diScussed th progress by RBI on t c Cl1r son to Bro ay, and t t concerns of t stiff, of 1C 111 S t shor "9 sys .. and XCIVItfon It U St r • Oa cuss on n u • ghnd Ult lure s n t bo VIII. • • I . • • • • is not a reimbu rsable expense ; therefore, the staff recommends payment of Sl ,3 74.92 as a full and complete relocation paywent to Mr . and Mrs. Bell . Totton moved: Mcintyre seconded: The Urban Renewal Authority approve payment of Sl,374.92 to Mr . and Mrs. Charles E. Bell as full and final relocation pa)'llent. AYES: Totton, VanDyke, Voth, Cole, Keena, Mcintyre NAYS: None ABSENT: Minnick ABSTAIN: None The motion carried. IX. RELOCATJOII PAYREIIT REQUEST. Yvonne Kontny Mr. Hinson stated that Ms. Kontny is a residential tenant of Mrs. Joyce Hirsche. Ms. IContny is a single parent with one child, and is low inc011e. The EURA staff has worked with the staff of the Englewood Housing Authority, and in as.uch as Ms. Kontny is being displaced as a result of govern.ental ac - tion, she will be placed at the top of the Section 8 Rental Subsidy list . Ms. Kontny has su~itted proof of rental pa}'llent for six .onths, and the staff is reca..ending that Ms . Kontny be rei~rsed for this six .onths rent that has been paid, in the a.ount of $1,292.13 . These funds will be paid out to ensur a deposit on a new unit when such unit is located . Ms . Kontny can also request actual .aving costs up to the a.ount of $1 ,207.87, but it fs extreme l doubtful that it will cost this .uch to .ave the household . Discussion ensued. Cole .o ed: Totton s conded: The Urban Ren al Authority approve pay.ent of $1 ,2 92 .13 t o Ms . Yvonne Kontny as a pa tial relocation pay.ent, the aforesaid su. to reflect the six ~~onths rent reillbur s n . A £S: VanDy e, Voth, Cole, Totton, Keena, Mcintyre YS : ABS£ 1 : ABSTAI : T .ot1o carr1ed . X. l£ ST I . • • • It was the consensus of the Authority that consideration should be delayed to the next regular ~eting of July 1 to allow ti~ for staff analysis. XI. FINANCIAL REPORT CiSh F1 ow Report lnvest~nt Report Expenditure Report Ms . Powers stated th•t 1 new report which was Included in the packet this .onth is the Cash Flow Report . This report depicts the projected .onthly ex -penditures. Discussion ensued. The lnvest.ent Report and Expenditure Report were considered. Mr. Totton questioned Page 3 of the Expenditure Report, an Ilea for Western Light Stan - dards. Ms . Ragland stated th•t this bill was patd in approxt .. tely March . Ms . Powers stated that this would be checked Into. The sales tax figures for Ho.e Club and Buyer 's Club were considered. H011e Club appears to be voing quite well . XII. ;:rmy :crJISITI. enn House enture Mr. Hinson requested that thts be considered in Executive Session. T olton .oved: VanDyke seconded: The Urban lteftewil Authority go into Executive Session. AYES: Voth, Cole, Keen•, Mcintyre, Totton, VinOyke NAYS: None ABSENT: Minnick ABSTAIN: lone The .otton carrftd. VanOy .oved : na s onded : 0 • • • • • • • • • • T Urbin 1 Authority co.e out of Execut v Sess on . 1 , Intyre, Totton , WinDy e, Voth a1 Author ty aut rlt t 5taf to o r o ture 1 out 1 !ted by • H I . • • • • AYES: Keena, Mcintyre, Totton , VanDyke , Yoth , Cole NAYS : None ABSENT : Minnick ABSTAIN : None The motion carried . X III • Elllil.EWOOD DCIWIGE Ms . Powers stated that approval has been granted for a tent to be ere cted in the parking area for the sale of flowers. This is on 1 te.porary basis onl y. Ms . VanDyke asked whether the depot was included in the annexation of the small triangular parcel to the west of Buyer 's Club . Ms . Powers stated tha t the depot was not i ncluded, and is in Sheridan . Ms . VanDyke stated that th e American legion has acquired the depot, and plans to renovate the build i ng f or the i r headquarters . XIV. ROLLEY Di sc uss i on ensued on ways that leasing of the available space i n Trolley Square •ight be encouraged and acca.pl i shed . Ms . VanDyke asked if there are f und s available for tenant f i ni sh . Ms . Powers stated that no fund s are avail - able fra. the developer . The City does have 1 li•l ted ~unt of fund s wh ich cou ld be borrowed to do tenant f i ni sh . The possibility of using 1 negot i ator such as Mr . Myles was discu s sed . Ms. Ke ena stated that th i s i s 1 .atter of private enterprise, and quest i on ed t hat a negotiator could acca.plish that .uch. Discussion ensued . XY. EN&LEWOOD Mll£TPUCE. Ms . Powers stated that the leas i ng s i gn for the Englewood Marke t pl ace has i nstalled on Ha.pden Avenue , and that they are ~ving ahead . Pier I has d a ca..it .. nt to lease space in the devel~t . XY I. LAWSUIT UPDATE Ms. P rs s t at ed t hat t ~ng against t he Author ty . clud d in the packet for t lVII . HJ&HWAY D(PAI M . P rs st1 t h1 t 1 Ft Dr /Oart~u h proj HPOIT . port fro~~ t Sht H 9 y as lnclud In t h p c t . • 7 • 1 SUllS !)(" • t tr as 1 • ptrt nt on t nt I • • -• • • XVIII. COMMISSIONER'S CHOICE. Ms. VanDyke stated that a ~r of the City Council has asked for a breakdow n on all expenditures for the EURA . Mr. McCown stated that he understood the request was for a listing of all revenues and all expenditures . Ms. VanDyke offered to assist in the preparation of this info~tion. Ms . Powers sugges- ted that the info~tion be sublitted by the Urban Renewal Authority as a body. Ms. Keena stated that a recent -.eting of ~town business people, represen · tatives of both Kaiser Pe~nente and HD.e Club stated publicly that it had been a pleasure to work in Engle.ood to dtvelop their projects, and that per - lilts were issued in a tt•ly 11anner. HD.e Club representatives indicated th1t a project tn Colorado Springs was begun at the sa.e ti .. as the Englewood project, and the Engle.ood project is on line at least one .anth before the Colorado Springs project . Ms. Keena stated that she has received a lot of COipli .. nts on the Englewood Profile. Ms. VanDyke asked the outco-. of the -.ting with the realtors . Ms. Dietrich stated that there were Z3 c~rcial realtors in attendance, and the feedback she has received has been very positive. Ill. Dllt£CTGI'S CII»IC£. Ms . Powers stated that she has sublitted her resitnation to the City Manager effective July 3. Her last day to be in the office will be June Z6 . Ms . Powers stated that it has beeft a pleasure to wort wtth the -..bers of the Au - thority, and she had great confidence that the ~town project will go for · ward under Mr . Hinson 's guidance . Discussion ensUed. VanDyke •ved: Totton seconded: The llrban bnewal Authority accept, wtth regret, the resig - nation of Susan ~rs as the Executive Director/E xecut ive Secretary. AVES : Intyre, Totton, VanDyke, Voth, Cole, Klefta None VS : A8S£ T: A8STAl : Minnie ne T carr ed . ng adjourntd at 7:45 P.M. . . - I . • • • • lll.nES £nglewood Public library Advisory Boerd June 9. 1987 Cha1rnan Bruce Hogue celled the regular "eet1ng of the l1brery Rdv1sory Board to order at 7:30 P·"· PR[Sft.T: ALSO PR£5£NT: Bruce Hogue. Al Quelntence. Betty Douney. U1rg1nia John•on. John Peterson. Joe Rathburn. 6erald Seftpaon. Beu Slfton. lola Sterl1ng Penny 01etr1ch. Englewood Downtown DeueloP"ent Author1ty £xecut1ue D1rector. ttra. Berber• Hogue. Susen U.n Dyke. C1ty Counc1l Repreaentat1ue. Sharon U1nkle. D1rector of l1brer1ea. Donne 6ottberg. Record1ng Secretery Roll cell we& taken end a quorUft declared present. Hr. Hogue 1ntroduced Penny 01etr1ch. £xecut1ve D1rector of the Englewood Downtown DeueloP"ent Author1ty. Ha. D1etr1ch geue a al1 de show preaentat1on and br1ef explenat1on of the sl1des dep1ct1ng nglewood. past. present and future. A queat1on and n.wer per1od followed. The Board thanked Hs. 01etr1ch for a very 1nforftat1ve presentat1on. ttr. Hogue turned the fteetang ouer to Hs. Uankle for the D&rcctgr•a Rcpgrt. Ha. U1r*lc brought forth for d1tcusa1on the proPOsed 01arupt1uc hau1or Pol1cy. That he D1aruphue lehltu1or Polley for the be approved • wr1ttcn . tt-d by: 011 terl1ng oncWd by: Joe thburn Ho -.on carr-.cd. he one to 1PfMn • w1l -I • "· I • • - • • • • Colorado. Colorado College end longnont. Hank long. labrery Seruace s R~anastrator. and Systens Rdftanistretor is the Englewood representetaue. Ms. Uankle geue background as to the need for such a group. four "enbers of the DVHIK-Colorado group are s u~attang a grant proposal for federal "onies. The purpose as to create an aut~ted node of libreries to C~icate with other users. Ms. Uinkle will keep the Board posted as to the progress of the grant request. labrary staff has suggested Englewood Public library heue an open house. to antroduce new atens to the public. It is the hope of the labrarv that the Public Recess Catalog <PAC> will be auaalable for antroduct1on. The open house would consast of tours. general anfo~taon. end specific anf~tion on several 1tens. The staff suggested a target ~te of Septeftber 3 <Thursday>. an the euenang hours. The Board agreed wath the idea but suggested Septeftber 10. efter the Lebar Dey haladey. Ms. U1nkle asked the Board to keep that dete open wath entacapetaon that Board "enbers would bec~e anuolved an the Open Hou-. Ms. U1nkle noted that the Contributors• Club could be antroduced at thas SepteNber dete. Oarectpr•s Cbpacc Ms . Uankle d1atrabuted the self-...aler desagned for the Contrabutors• Club. There as • prant1ng error on the .... aler. so at Nly have to be repranted. thus Nlkang antroduct1on et • leter date. R booklet. ·Profile • ..... antroduc:ed to the a--d. Thas ~let a a produced by the C1 ty of Engl-....od (URfl) •• antroduc:hon to ngl-od for busane•-• lookang to locate here. The a--d ••ked af they could eec:h rece1ue • copy of the boc*let. Rdd1taonel lected Stet1st1cs of 11 Colorado ~lac l1braraes wath a..--•tang lludgets 6r-ter tta.. e1oo.ooo .... lwaeflv dJ.scusaed, Mr. Hogue esked Mr. Oueantence end Mr. ~•on for • report fr~ he oloredo Library Asaocaetaon <CLA> Sprang fteehng <tt.v 16> whach they •tt nded. After • braef r port. Al end reld h that t tang we ant r atang end anfor,...taue • ennounc d h we tall o the Heh-1 l1brer~o~ Cerd al le &n July. end furth t t ta wa 1 wal aweat1ng stetaatac with aon. lhe atetastac c~a t work wall July. d d t t l I • - • • • • Hr. Hogue thanked nr. Qua1ntance for seru1ng the refreshftents at tonaght 's "eetang. Hmbeu • Cho1ce 8eu S1"on apolog1zed for "1ss1ng Z fteetlnga. In Rpr1l her fan1ly planned a surpr1se b1rthday party for her. and in Hay her husband had a heart attack. She thanked everyone who sent cards and notes. and stated her husband was ftuch better. ns. Dounay reported that nr. Rotolo wea st1ll 1n poor health. but doang a lattle better. loas Sterlang announced she would not be here for the July fteetang. Al Quaantance read a spec1al PQeft for the Boerd for h1a 17th wcddang annauersary. nr. Saftpson wall be on a tr1p and wall ftlaa the July fteettng and the Rugust pacnac. nr. Peterson announced that even though he lost the school boerd electaon. he felt 1t was • very rewardtng expertence end plana to run agaan an 2 y-ra. Hr. Rathburn brought forth an art1cle. aa tnf~tton. atattng that for tho-persona who do not tteruze. tax deducttona for hart~eble ontrabutaona cannot be taken. effecttue wath the 1917 t•• veer. Cgnnattce Ksppcta nr . Hogue reported on the 1988 ._. .. Budget Request. nohng there .... very httle ctwnge. an total. fr-the 1,.7 8udget . That the I 988 ._.d 8udget Request be accepted •• ,. .ented. n-d by AI Queantanc:c onded by: 6ereld •on notaon carrued. ltM- u pl-d for Auou• I • 1n oordanet t plenn)nt o u hano food "-" 1 • 7-hnt b• I • • • - • • H~~t1ng adJourned at 9:35 P·"· " t.-10-87 dg • I • • SI RCULATION Central Library Bookmobile DAYS OF SERVICE AVERAGE DAILY CIRCULATION TRAFFIC COUNT (Main Lib. only) AVERAGE DAILY TRAFFIC COUNT CIRCULATED TO ENGLEWOOD PATRONS ALD Reciprocal Borrowin& Central Library Bookmobile O'lliER INTRA-COUNTY Borrowin&** Central Library Boolt.obi le CCLS Reciprocal Borrowin& Central Library Boolt.ob il e 1 • TOTAL: Alice Terry School REFEREt«:E quESTIONS Answered at Central Library••• Answered t looka>bile TOTAL: • • • ENGLEWOOD PUBLIC LIBRARY Selected Statistics May 1987 15,338 (17,128)* TOTAL: 9.388 (10,607) 25 26) 989 1,067) 19,333 (20,179) 773 776) TOTAL: 1,173 ( 1,431) 415 ( 1,101) TOTAL: 491 537) 267 485) TOTAL: 2,294 ( 2,560) 445 ( 345) TOTAL : Students I teas Adults 57 229 s- ADULT 2rn-(2111) 144 ( 254} JlNENILE 206 (250) 602 (902) 24.726 (27. 735) 19,641 (21,276) 1,588 ( 2,532) 758 ( 1,022) 2,739 ( 2,905) 5,085 ( 6,459) Ite•s TOTAL 19 62-248 TOTALS r.nr (2,361) 746 (1,156} 3,0 4 (3,51 7) LIBRARY POSSOREO PROGRAMS AT CE:mtAL LIBRARY lUClER 9 ( 6) 5 ( 3;!) 6 ( 1) 17 ( 2:l) 1 ( ) 13 ( ) ( 1) (1 ) 1) 10 45 ( 59) •P ou r. I I un nd17t c nt n I • • - • • • • -2- LIBRARY SPONSORED PROGRAMS OUTSIDE CENTRAL LIBRARY Children's Depart8ent Bookmobile story times Book.abile Librarian's visits to classes Puppet Plays Puppet Workshop SRP visits to schools (3 elea. schools 1987) Career Day 11 Posters for SRP CURRENT ACTIVE REGISTRATIONS 21,789 ( 16,128) VOLUMES IN COLLECTION 102,444 (106,830) NUMBER 8 ( 6) 29 ( 51) ( 2) ( 1) ? ( 5) ( 1) ATTENDANCE 110 ( 95) 779 (1258) (280) ( 49) ? (940) (320) LIBRARY MATERIALS Books VOWMES ADDED 3§0 (557) VOWMES WITmRAWN Records Cassettes Microfil• Filastrips Coapact Discs Videocassettes DISBURSEMENTS Deposited with City Treasurer's Office REVENUES Fines Copyvend Donor's Fund Acct. 181411 (lost 1 .... ,ed aaterial) Acct. 164661 (aicroco~er) Acct. 131121 (financial services) Colo. Lo n Volunteer hours: 43 5/ 7 d& 1 ( 17) I3 ( 36) 9 ( 4) ( ) 25 ( ) 57 ( ) $1,702.89 $I,066.79 33.20 361.00 70.40 78.50 93.00 1104 (1590) 68 ( 13) 9 ( 21) ( ) ( 1) ( ) ( ) ($1,463.17) (S 711.40) ( 284. 57) ( 246.80) ( I77.50) ( 26.00) ( 16.90) ( ) I • • ( • • I C 0 U N C 1 L DATE July 6, 1987 • • • C 0 M M U N 1 C A T 1 0 N AGENDA ITEM St.8JECT Bid Alward for Under- ground R.lp Closure Intersection W. Girard l S. Elati INITIATED BY ________ Eng~i-~ __ r_ing~_Se_rv __ ic_e_s __________________________ __ ACTION PROPOSED'----------~--rd __ o_f_b_i_d_f_o_r_t_he __ ~ ___ rg~rou __ nd __ R_~~_C_lo_s_u_re __ a_t __ _ Intersection of W. Girard Aweaue and S. Elati Street Planned future devel~t of the vacated ling Soopers Shopping Center has precipitated a ~ to realign the intersection of Wist Girard AveftUe with South Elati Street. The new alt.-nt, .tlich wtll allow s.oth traffic flow fro. Cinderella City's parking lot to Wist Girard Avenue, requires the elt•ination of the existing underground r~ adjacent to the north parking lot of Ctty Hall. Elt•ination of the ..cle"'f"'UO'd r~ involves the ,...val of an existing con - crete parapet, constructi011 of a reh1forced CORCrete bulkhead at the bott• of the r~. and backfilli, the r~ to .. tch the surrounding ground elevation . Howard, Meeclles, T-.. ,......,, (1111'1) c011sulting engi~rs, wre re- tained to prepare the plans and specificatiOIIs for thts work . Ftlltng tn the r~ wtll also provtde the benefit of reducing the pote~~ttal for flooding Ctflderelh City's lower level parking . The ro ay realt...,.t and rearra...,_..t of City Hall's north par tng lot w 11 be dofte at a later dat under a separate contr t • 1 d proponls re sol ctted fr. ftve qualtfted contractors . Tilts proc u u used d to t s tal ited nature of t rk, to ensure that the rk perfor.ed by • cG~Petent contractor and to expedite the bidding proc ss . I . • - • • • • On July 1, 1987, bid proposals received and opened were the following: Concrete Works of Colorado Tierdael Construction COIIPIIIY Lillard l Clark Construction Co., Inc. Flatiron Structures COIIPany The Engineer's esti .. te was 526,150.00. $26,936.00 27,901.50 29,000.85 33,792.00 Concrete Works of Colorado perfoi'Wid well in constructing the first box cul- vert extension for little DrJ Creek (1915) and the Floyd Avenue ReaHg-.nt (1986) for the Englewod Urban ......,.1 Authority. They are experienced and knowledgeable hi perfol"'ling the type of work required by thts project. Engineering Services rec-.cts Mflrd of bid for constructing the underground ra.p closure at Mest Cirard and South Elati to Concrete Works of Colorado, Inc. for a bid price of SH,tl6.00 . Vith 101 conttngenctes ($2,693.00) and S954.00 for COftstructtOft h1spectt011 and testt~~g, total COftstructt• budget will be SlO,Sil.OO. IIITI will provtde the tnspecttOft and testtng services during COftstructtOft. The Re9t011al Transportation District (RTD) h contributing one-half of the fundtng requt...r for design and COftstructtOft of thh project pursuant to an 19,_t dated lovlllber 10, 1• between RTD and the City of Englewood. Esti .. ted cost to the City will be $15,291.50. Funds for this project have been budgeted for tn the Road and Bridge account of the ,IF. I . • C 0 U N C I L DATE July 6, 1•1 • • • C 0 " " U N I C A T I 0 N Sl&JECT Ruoning of Mclellan Reservoir Property JNJ TJATED BY ___ .....;Ut...;.....11_i..;.t1;..;:e..;.s...:Dip....;;.:;.;a;;..rt.n=..;.;t;__ ___________ _ ACT 1 ON PROPOSED ____ .....;eo.c~~i.;_l ..:author~;.:,;_;i;,:;;za~t:..;i.;;;on;,;,.,..;,.for;:..;_..:.;tht~ru:..:::.;;;on:.:..:i.:.:ng~o.:..f...:.Mc=L~e:..:.l.:.;la:=n;,_ Reservoir Property ~- Mission Viejo Collpany 1s proposing an area-wide coordiftatecl zoniJ:1u•tttal bt udt by Milston, City of Englewood, la.pllaustns and ..... s to las Coun - ty for properties south of County Lilli Road and east of South Santa e Highway. FI._UL IMIICT It will be 41tfftc•lt to dtterwtllt tM cost of 10111 .. •til Douglas County dtte,..t•s •t ,.,..-ts are ,.......... It 1s esti•t.l tM cost cMld be bttWMII SIO,-Md S50, •• Ctty eo.cn Mtllortutt011 to .-u rez011t .. of tM Mclell -...notr prop · erty to U...las C..ty. I . • - • • AGENDA ITEM //6 Mowcl S.condecl ..,., .. y ..!!. -1 l&ll_ D~ lJ.SI.a r . J~k - LJ.2 tlt.l~ J l d.!.!. J .. loth • I . • / - • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJE'CT July 6, 198 Marks Development Dedication Easements. INITIATED BY Mike Maika, Utilities Manager ACTJON PROPOSED ____ Tun~•uc~c~e~p~t~t~h~e~e~·~·~·~ee~n~t~•a_~fo~r~t"h~ew••~tc•~r-ae"ndy,_.sce•"ca~r----- lines on the Nerka Develonnent Property BACJtGROUND: Phase I of the Mark s Development, located North of Hampden Avenu and East of Lafayette Street, extended several water and sewer mains and dedicated them to the City. Phase II of the project will require further extension of those water and sewer mains. Although the majority of the new linea will be within the City Right-of-way or previously dedicated eaa ... nt a, several eaae .. nta need to be dedicated to the City to construct th proposed system and appurtenances. FINANCIAL IMPACT: RECOMMENDATION: Ci y Counc 1 approv th wat r and r None. ordinance• to cc pt th a on th Narka Property. I • • - 0 • • J • • • ORDINANCE NO. SERIES OF 1987---- A BILL FOR AN ORDINANCE ACCEPTING EASEMEUTS FOR THE WATER AND SEWER LINES ON THE MARKS DEVELOPMENT PROPERTY. UHEREAS, the Marks Developn~ent at Hampden Avenue and Lafayette Street, in Phase I of their development, extended several water and sewer n1ains and granted eas ... nts to the City of Englewood; and UHEREAS, Phase II of the project will require further extension of those water and sewer mains; and UHEREAS, most of the new lines will be within the City right of way or previously dedicated easements; and UIIEREAS, there are several easen~ents needed for Marks Development to construct the proposed system and appurtenances; NOW, TIIEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLE\IOOD, COLORADO, THAT: Section 1. There is hereby approved Grant of Baseaents for Waterlines and Fire Hydrants in The Marks Project, Phase II, said Grant of Easeaents is attached hereto and incorporated herein by reference as Attachaent 1. S ction 2. There is hereby approved a Grant of Stora Sewer Ease .. nt for Phase II of The Marks Project as shown on Attach .. nt 2, incorporated herein by reference. s w Att 1on 3. There is hereby approved a Grant of Sanitary nt for Phaae It of The Marks Project, as shown on 3, w ich is incorporated h r in by reference. counc l hereby autho • these three eaa n he City of Englewood. th yor to or nd on I • • - c • • • Introduced, read in full, and passed on first reading on the 6th day of July, 1987. Published aa a Bill for an Ordinance on the 8th day of f .. l~ July, 1987. Attest: Eugene L. Ot1s, Mayor Patricia H. Crow, City Clerk I, Patricia H. Crow, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 6th day of July, 1987. Patricia H. Crow • . ) I • • -• • • ATTACHMENT I GRANT OF EASEMENTS FOR WATERLINES AND FIRE HYDRANTS THIS GRANT of easements (this "Grant") is made this day of , 1987 by THE HARKS ("Grantor") whose address in favor of address is 3400 is the CITY OF ENGLEWOOD (•Grantee• or "City•) whose South Elati Street, Englewood, Colorado 80110. The parties agree as follows: 1. Easement Property. The •Easement Property• shall mean the real property located in the City of Englewood, County of Arapahoe, State of Colorado, more particularly described on attached Exhibits A, B, and c. 2. Consideration. As conside ration for this Grant, Grantee shall pay to Grantor the sum of One Dollar and other good and valuable consideration. 3. Grant of Easement. Grantor hereby grants to City, its successors and assigns, a perpetual easement over, under, across and through the Easement Property for the purpose of construct- inq, operating, maintaining, repairing, replacing, removing and enlarging those structures or improvements of City that City finds necessary or desirable for fire hydrant purpose s includ- lng, bu no limited to, electrical quipmcnt, telephone equ1pm nt, communicat1on quipment, sewer equipment and water equipm n City sh 11 have th p rp tual, nonexclus1v nd egr s 1n, to, ov r, through and cross the for any purpos necessary or d sirable for h h rights gran d to City under this Gran I . • • • Property and to remove any excess earth resulting from said construction, maintenance, repair, replacement or enlargement, at Grantee's sole cost and expense. 6. No improvements. Grantor covenants and agrees not to construct, erect, place or plan any "improvements," as herein- after defined, on the Easement Property without obtaining the prior written consent of Grantee. "Improvements" shall mean any structure or building. Grantee shall have the right to remove, wihtout any liability to Grantor, any improvements constructed, erected, placed or planted on the Easement Property without Grantee's having obtained the prior written consent of Grantor. 7. Subjacent and Lateral Support. Grantor covenants and agrees that Grantee shall have the right of subjacent and lateral support on the Easement Property to whatever extent is ne~essary or desirable for the full, complete and undisturbed enjoyment of the rights granted to Grantee under this Grant. 8. Rights of Grantor. Grantor reserves the full right to the undisturbed ownership, use, and occupancy of the Easement Property insofar as said ownership, use, and occupancy is consis tent with and does not impair the rights granted t o Grantee in this Grant . 9. Abandonment. In the e ven t that Grantee shall abandon th rights granted to it under this Grant, all right, t itle and ~nterest hereund r of Grantee shall cease and terminate, and Grantor shall hold Easem nt Property, as th same may then be, free from th r ights of Grantee so abandoned and shall own all m rials nd struc ur s of Grantee so abandoned, provided hat Grante shall hav a reason~ble p riod of time after said b ndonm nt in wh1 ch o remov any or all linea and appurten nc a fro h Ea n Prop rty. In the v n that thes easem n s bandon d by Gran , Gran or sh ll have the r ght, at ts op ion, o require Gr n o r liz any 1mprov n con rue d 1n se 0 • h ncl •• ) I • • • • • THE MARKS, GRANTOR By---------------------------Attest: Secretary CITY OF ENGLEWOOD, GRANTEE By __ =-----~~~--~---------Eugene L. Otis, Mayor Attest: Patricia H. Crow, City Clerk ( I . • • - • • • • EXHIBIT "A" A ten (10.00) foot wide fire hydrant cOhle-nt located in the ao&.ath one-half of Section 35, Townohip 4 South, lana• 68 Wot•t of th• Sixth Principal llllridun, City of ID&levoocl, County of Arapahoe, State of Colorado, .are particularly daacribed aa follova: Co-ne ina at tht11 aouth oull!-quartcr C.Or&htr of ••td S•c.tion 35, vhenc.a the north-"'••t corner of the •outhw••t on•-quArt.r of th• •outhaaat ona-q~.Aartar of aaid Seetin 3S baara If oo•ll'47" £; thttnc.• N oz•os•seu l a dit~tanc.a of 902.21 feat to tba POUlT OF IECIIIIUIIC, aaid point ala~o btdna a point on th• northerly lioa of an eai•ttil' wat•r ...... nt d••c.rtbed in Exhibit .. ., ... oc Ltc:aption No. 2611423, Arapahoe County record•; thence N oo•08'32" £a dilitanc• of 15 .00 f••t; thence S 19•51'28'' I a diatanca of 10.00 feat; thence 5 oo•oe'32" w • dilllt.lnc.a of ·~.00 feat; theac.e .. ···~· '28" w • diatanc.e of 10.00 f~~tat to th.: Point of ac,tnnina, Lontaini~a~ 1~0 •qual'e feet 01' 0 .003 ac.rea. -.ore or le••. 0 20 SCALE : 1" • tO' POINT OF BEGINNING PO INT OF c:ot.IMENCOotE:NT. c: ' .. ,. , ... I EXHIIIT "E " ,.. RECEP. NO. 261142:5 1 c2o oo'> """1 I I I I I fHf ~:.l I 1\$ I I I I --t-- 1 I I I I I r-- 1 I I I CITY OF ENGLEWOOD TH[ MAitKS -~ J[ EXHIIIT •A• I • • -• • • EXHIBIT "B" A ten (10.00) foot wid• fire hydrant •••-.ut located in the aouth one-half of S.ct1011 35, Tovnahip 4 So .. ch, &..•a• 68 W••• of ·~ Sixth Principal ...,ridiaD, City of &naa-c., County of 4rapaboa, State of Colorado, .ora particularly da•crikd aa follow.: eo-.DC1q at the aoytb one-quarter cor ... r ~f aa1d Seetin ).5, vbeoca the DOrtlweat co roar of tha aouthwa•t ooa-quart•r of the aouthaa•t OM""'f'uartar of aatd S.ctioD ).5 • lleara . N 00"11'47" I; thence N 27"S4'17" £a dbtance of 1011.91 faet tot~ POIJIT OP 111:1-l!C, aaJ.d point aleo b•ina a po1at on the northerly line of an uiatlaa vatar .. _., u deacribed 1A lxhibit D at lacaptiou llo . 2611423, Arapahoe County lacorda; tlaeace II oo•ot'l2" I a di•tanc.a of 15.00 fe•t; thanc.a S tt•st'21" I a 41ataaca of 10.00 f .. ti theace S 00"01'32" W a diatanca of IS.OO faet; thence II 89"51'21" V a diataace of 10.00 feat to tba Point of .. &1ou1aa. c.onta11l1D& ISO •quare fMt or 0.00) acraa aora or laaa . ~ -N - ~ 0 5 10 I 5 101 ICAL[: t • POINT OF BEGINNING i • § ... • t: r • T ... .. M . I • • - • • • • • • EXHIBIT "C" A tan· (10.00) foot vida fire hydrant •aa-nt located in the aouth ou-half of Saetion 35, Tovnabip 4 South, lana• 68 Wa•t of the SiMtb Principal Meridian, City of ln&l-, CoUDty of Arapahoe., Stat a of Colorado, ..,ra particularly daaerlbad aa toll""": c=o-octD.& at the aouth one-quarter comer of eaid SactioD. JS. whence the northveat corner of the aoutbveat oDe-quarter of the aoutbeaat ooe-quartar of aaid Section JS MAra II 00°11'47" I; thanea II 48°)4'07" 1!, a diatanea of 759.93 fMt to the POIIIT OP IICI .. PIC, aa1d point alao balne a point on a eurva of an u:iatlne vatar -t daaer1bed in bb1b1t A at leupUoa llo. 2611423, Arapahoe eo-;y lacorda; thaaca alODe aaid bbibit A ..... aloaa a --tanaaat Cllrva tO the left bavlq a eantral aaala of 02°))'43", a r ... 1 ... of 195.93 fMt, aa arc dbtanca of 10 .01 feat, a chord lanetb of 10 .01 fMt wlllcb baara II 15°04'29" I; tbaaca S 77°52'20" I a diatanca of 44.66 feat; tbanca S 12°07'40" W a dietanea of 10.00 feat; thence II 77•52 '20" V a diatanca of 45.17 feat to tba Point of ... ~. coata1ai.D& 449 aquare fa•t or 0 .010 acrea, •r• or lea•. rHE MA i\S I I I :. .j • tid Td l, • I I I I I I I , ITH PM CITY OF ENGLEWOOD T I • • • ATTACHMENT I GRANT OF EASEMENTS FOR WATERLINES AND FIRE HYDRANTS THIS GRANT of easements (this "Grant") is made this day of , 1987 by TilE HARKS ("Grantor") whose address is the CITY OF ENGLEWOOD ("Grantee" or "City") whose South Elati Street, Englewood , Colorado 80110 . The parties agree as follows: in favor of address is 3400 1. Easement Property. The "Easement Property" shall mean the real property located in the City of Englewood, County of Arapahoe, State of Colorado, more particularly described on attached Exhibits A, B, and c. 2. Consideration. As consideration for this Grant , Grantee shall pay to Grantor the sum of One Dollar and other good and valuable consideration. 3. Grant of Easement. Grantor hereby grants to City, its successors and assigns , a perpetual easement over, under, across and through the Easement Property for the purpose of construct- ing, operating, maintaining, repairing, replacing, removing and enlarging those structures or improv ments of City that City find n cessary or d sirable for fir hydrant purposes includ- ing, but no limi d o, electrical equipm nt, telephone equipm nt, co~unication equipm nt, sewer equipment and water quipnen • I . -• • .. • Property and to remove any excess earth resulting from said construction, maintenance, repair, replacement or enlargement, at Grantee's sole cost and expense. 6. No improvements. Grantor covenants and agrees not to construct, erect, place or plan any "improvements," as herein- after defined, on the Easement Property without obtaining the prior written consent of Grantee. "Improvements" shall mean any structure or building. Grantee shall have the right to remove, wihtout any liability to Grantor, any improvements constructed, erected, placed or planted on the Easement Property without Grantee's having obtained the prior written consent of Grantor. 7. Subjacent and Lateral Support. Grantor covenants and agrees that Grantee shall have the right of subjacent and lateral support on the Easement Property to whatever extent is neqessary or desirable for the full, complete and undisturbed enjoyment of the rights granted to Grantee under this Grant. 6. Rights of Grantor. Grantor reserves the full right to the undisturbed ownership, use, and occupancy of the Easement Property insofar as said ownership, use, and occupancy is consistent with and does not impair the rights granted to Grantee in this Grant. 9. Abandonment. In the event that Grantee shall abandon the rights granted to it under this Grant, all right, title and inter st hereunder of Grantee shall cease and terminate, and Grantor shall hold Easement Property, as the same may then be, free from the rights of Grantee so abandoned and shall own all materials nd structures of Grantee so abandoned, provided that Grant shall have a r asonable period of time after said abando~ n in which to r move any or all lines and appurtenances from h Eas m n Prop rty. In the ev nt th t these easements b ndon d by Grant , Grantor shall have th right, at its op ion, o r quir Grantee to r mov or n utraliz any prov n a cons rue d in th a ~ nta by Gr nte 0 n~ b and •• c1 h • I • • ,. Attest: Secretary Attest: Patricia H. Crow, City Clerk • • • • THE MARKS, GRANTOR By __________________________ _ CITY OF ENGLE\~000, GRANTEE By __ =-~~~~~--~--------­Eugene L. Otis, Mayor I • • - • • • t::XHIIIIT "A" A ten (10.00) foot wide fire hydrant ~asem~ut located in the south one-half of Section 35, Township 4 South, Range 68 Wo:st of th~ Sixth Principal Meridian, City of Englewood, County of Arapahoe, State of Colorado, more particularly described as follows: Co111111encing at th~ south one-quarter corner of said s~ction 35, whence the north- west corner of the southw~st one-quartt!r of the southeast one-quarter of said Section 35 bears N 00"11'47" E; thence N 02"05'58" E a distance of 902.21 feet to the POINT OF BEGINNING, said point also b .. ing a point on the northerly line of an exilic~ wat~r easement de:~cribed in Exhibit "F" at Reception No. 2611423, Arapahoe County records; thence N 00"08'32" t:: a distanco: of 15.00 f.:et; thence S 89"51'28" E a distance of 10.00 feet; thence S 00"08'32" W a distance of 15.00 f~et; thence N 89°51'28" W a distance of 10.00 f~et to th<' Point of Beginning, containing 150 square feet or 0.003 acres, more or less. I EXHIBIT "E" 1• RECEP. NO. 2611423 1 (2o.oo'l I 0 SCALE: t" & tO' ----- I I POINT OF BEGINNING I i\i I f\i ~ EXHIBIT '' F" 0 RECEP. NO . 261142~ 01 (30.00') I I THE MAH ?<S I I I I I I I I I I l ··n.:::.· ,, ..... I -r- I I I I •I I I r-- I I I I ~Q .., N ~ t: ~~ !!! -g ~i . "' ~ A:-~ at POINT OF COMMENCEMENT. • S 1/4 COlt, SEC . SS, T4S, "IIW, ITH P.M. Carroll &1. Lange. . CITY OF ENGLEWOOD THE MARkS -PHASE II EXHIBIT M •• tO ' DlTE I 5 /26 /17 J N. 0343 • I • • • EXHIBIT "B" A ten (10.00) foot wid" fir" hydr.:~nt ~<.:l:>oomcnt located in the liOuth one-half of Section 35, Township 4 South, Rang" 68 W":>t of th" Sixth Principal Meridian, City of Englewood, County of Arapahoe, State of Colorado, more particul.:~rly de:>cribed as followli: Co111111encing at the south one-quarter corner of said Si!ction 35, whence the northwest corner of the southwelit one-qu.:~rt~<r of the southeast one-quarter of said Section 35, uears . N 00"11'47" E; thence N 27"54'17" E a dist.:~nce of 1018.98 feet to the POINT OF BEGINNING, said point also being a point on the northerly lin~< of an existing water easement as described i!l Exhibit D at Reception No. 2611423, Arapahoe County Records; thence N 00"08'32" E a di:>tance of 15.00 fi!~<t; thence S 89"51'28'' E a distance of 10.00 feet; thence S 00"08'32" W a distanc11 of 15.00 feet; thence N 89"51'28" W a distance of 10.00 feet to the Point of Beginning, conta ining 150 square feet or 0.003 acres more or lesa. 0 10 20 SCALE: 1": 10' POINT OF BEGINNING-___, l I EXHIBIT "o" RECEP. NO. 2111425 t 2" oo') hJ C.!) <{ _J _j CITY OF ENGLEWOOD THE MARkS -PHASE li EXHIBIT "a" 111 HUT I 01 1 I • - I I i . • • EXHIBIT "C" A ten (10.00) foot wide fire hydrant ~asement located in the south one-half of Section 35, Township 4 South, Range 68 We~t of the Sixth Principal Meridian, City of Englewood, County of Arapaho~, State of Colorado, more particularly described as follows: Commencing at the south one -quarter corner of said Section 35, whence the northwest corner of the southwest one-quarter of the southeast one-quarter of said Section 35 bears N 00•11'47" E; thence N 48.54'07" E, a dis tance of "759.93 feet to the POINT OF BEGINNING, said point also being a point on a curve of an exis ting water easement described in Exhibit A at Reception No. 2611423, Ar a pa hoe Cout~y Records; thence along said Exhibit A and along a non-tangent curve to the l e ft having a central angle of 02.55'43", a radius of 195.93 feet, an arc di ~tance of 10.01 f e~t, a chord length of 10.01 feet which bears N 15.04'29" E; thence S 77°52'20" E a distance of 44.66 feet; thence S 12•07'40" W a distance of 10.00 feet; thence N 77"5 2 1 20" W a distance of 45.17 feet to the Point of Beginning, containing 449 square fe~t or 0.010 acres, more or leas. -N- ~· 30 ·~ Q 30 I I I I I I I I I I I I I I I I I POINT OF BEGINNING T HE MAR S POINT OF COMMENCEMENT S "4 COR., SEC . 351 T4 S, .... -. 6TH P.M. "HE ATE HFO C CITY OF ENGLEWOOD THE MARkS -PHA EXHIBIT •c• • so Q&fl l 5/ AJC. • I • • • • • ATTACHMENT 2 GRANT OF S'rORr4 SANITARY SEWER EASEt-!ENT THIS GRAN1' of easement (this "Grant") is made this day of , 1987 by THE MARKS ("Grantor") whose address is in favor of the CITY OF ENGLEWOOD ("Grantee" or "City") whose address is 3400 South Elati Street, ~nglewood, Colorado 80110. The parties agree as follows: 1. Easement Property. the real property located in Arapahoe, State of Colorado, attached Exhibit E. 1'he "Easement Property" shall mean the City of Englewood, County of mo re particularly described on 2. Consideration. As consideration for this Grant, Grantee shall pay to Grantor the sum of One Dollar and other good and valuable consideration. 3. Grant of Ease~ent. Grantor hereby grants to City, its successors and assigns, a perpetual easement over, under, across and through the Easement Prop rty for the purpose of construct- ing, operating, maintaining, r pairing, replacing, removing and enlarging tho s rue ur~s or i~provemcnts of City that City finds n cessary or d sirable for fire hydrant purposes includ- ing, but not limited to, electric 1 equipnent , telephone quip~ nt, co~unication equipm nt, a wcr equipment and w ter quipm nt. th p rpetual, non xclu iv and c r ss in, to, ov r, through and cross th n c sa ry or d airabl for th d to c y und r this Grant. I . ]- • • • replacement or enlargeMent. Grantee further agrees to replace any topsoil removed from any cultivated or agricultural areas on the Easement Property and to remove any excess earth resulting from said construction, maintenance, repair, replacement or enlargement, at Grantee's sole cost and expense. G. No improvements . Grantor covenants and agrees not to construct, erect, place or plan any "improvements," as herein- after defined, on the Easement Property without obtaining the prior written consent of Grantee . "Improvements" shall mean any structure or building. Grantee shall have the right to remove, wihtout any liability to Grantor, any improvements constructed, erected, placed or planted on the Easement Property without Grantee's having obtained the prior written consent of Grantor. 7. Subjacent and Lateral Support . Grantor covenants and agrees that Grantee shall have the right of subjacent and lateral support on the EaseMent Property to whatever extent is necessary or desirable for the full, complete and undisturbed enjoyment of the rights granted to Grantee under this Grant . 0 . Ri~hts of Grantor. Grantor reserves the full right to the undistur ed ownershi~, use, and occupancy of the Easement Property insofar as said OHnership, use, and occupancy is consistent with and does not impair the rights granted to Grantee in this Grant . 9. Abandonm the r ghts granted in res her und r any s t I • • - • • • • • • IN WITNESS WHEREOF, the parties hereto have executed this Grant the day and year first above written. Attest: Secretary Attest: Patricia fl. Crow, City Clerk THE MARKS , GRANTOR By __________________________ ___ CITY OF ENGLEWOOD, GRANTEE By __ ~~~~~~~~~~----­Eugene L. Otis, Mayor I • - • • EXHIBIT "D" A twenty (20.00) foot wide atorm sewer easement located in the south one-half of Section 35, Township 4 South, Range 68 West of the Sixth Principal Meridian, City of Englewood, County of Arapahoe, State of Color;ido, more particularly described as follows: Commencing at the south one-quarter corner of said Section 35, whence the northwest corner of the southwest one-quarter of the southeast one-quarter of said Section 35 bears N 00.11 1 47" E; thence N 13°02'09" E a distance of 913.11 feet to the POINT OF BEGINNING, said ~oint abo being a point on an existing storm sewer easement described in Exhibit C a.t Reception No. 2611423, Arapahoe County Records; thence N 19°20 '18" E a distance of 73.'00 feet; thence S 70.39'42" E a distance of 20.00 feet; thence S 19.20'18" W a distance of 69.63 feet to a point on said Exhibit C; thence N 80°13'34" W a distance of 20.29 feet to the Point of 'Beginning, containing 1427 square feet or 0.033 acres, more or less. 'f!-1 E iv1A r-x ~~ S 30 15 0 30 . ~ POINT OF BEGINNING S 70°39' 42" E 20.00' EXHIBIT "c" EXHIBIT "o" RECEP. NO. 2611423 RECEP. NO. 2111423 TH ~1\HKS COMMENCEMENT S 1/4 COR ., SEC. 5, T4 S, RMW, ITH ~M. catroll a Langew . CITY OF ENGLEWOOD THE MARKS -PHASE li EXHIBIT •o• 117 I • • .. • • • ATTACHMENT 3 GRANT OF SEWER EASEHENT THIS GRANT of easement (this "Grant") is made this day of , 1987 by THE MARKS ("Grantor") whose address is in favor of the CITY OF ENGLEWOOD ("Grantee" or "City") whose address is 3400 South Elati Street, Englewood, Colorado 80110. The parties agree as follow s: 1. Easement Propertl. the real property locatedn Arapahoe, State of Colorado, attached Exhibit D. The •Easement Property" shall mean the City of Englewood, County of more particularly described on 2. Consideration . As consideration for this Grant, Grantee shall pay to Grantor the sum of One Dollar and other good and valuable consideration. 3. Grant of Easement. Grantor hereby grants to City, its successors and assigns, a perpetual easement over, under, across and through the Easement Property for the purpose of construct- ing, operating, maintaining, repairing, replacing, removing and enlarging thos structures or improvements of City that City finds n c sary or d sirable for fire hydrant purpos s including, bu not limi d to, lectrical equipm nt, telephon quipm nt, conMunica ion equi~m n , ewer equipm nt and water quipm nt. th p rp tu 1, non xclusive gr ss in, to, ov r, through and cross th ny purpos necessary or desir bl for th rights grant d to City und r his Gr nt. I • • • • • removed from any cultivated or agricultural areas on the Easement Property and to remove any excess earth resulting from said construction, maintenance, repair, replacement or enlargement, at Grantee's sole cost and expense. 6 . No improvements. Grantor covenants and agrees not to construct, erect, place or plan any "improvements," as herein- after defined, on the Easement Property without obtaining the prior written consent of Grantee. "Improvements" shall mean any structure or building. Grantee shall have the right to remove, wihtout any liability to Grantor, any improvements constructed, erected, placed or planted on the Easement Property without Grantee's having obtained the prior written consent of Grantor. 7. Subjacent and Lateral Support. Grantor covenants and agrees that Grantee shall have the right of subjacent and lateral support on the Easement Property to whatever extent is necessary or desirable for the full, complete and undisturbed enjoyment of the rights granted to Grantee under this Grant. 8 . Right s of Grantor. Grantor reserves the full right to the undisturbed ownership, use, and occupancy of the Easement Property insofar as said o"mership, use, and occupancy is consistent with and does not impair the rights granted to Grantee in this Grant. 9. Abandonment. In the event that Grantee shall abandon the rights granted to it under this Grant, all right, title and interest hereunder of Grantee sha ll cease and terminate, and Grantor shall hold Easement Property, as the same may then be, fre from the rights of Grantee so abandoned a nd shall own all materials and structures of Grantee so abandoned, provided th t Grant e shall have reasonable period of time after said abandon~ent in which o r mov any or all lines and appurtenances fro~ the Ea em nt Prop rty. In the ev nt that these easements are abandoned by Gr nt , Cr ntor sh 11 hav the right, at it ole op ion, o r auir Grant to remove or neutralize any improv ~ent construe ed n the eas m n s by Grantee. hat nt nc:\ •• I • • • • • II IN WITNESS WHEREOF, the parties hereto have executed this Grant the day and year first above written. Attest: Secretary Attest: Patricia H. Crow, City Clerk THE MARKS, GRANTOR By ________________________ ___ CITY OF ENGLEWOOD, GRANTEE By __ =-----~~~~~~--------­Eugene L. Ot1s, Mayor I • • - • • n • EXHIBIT "E" A fifteen (15.00) foot wide sanitary s~w~r easement located in the south one-half of Section 35, Township 4 South, Range 68 West of the Sixth Principal Meridian, City of Englewood, .Cou~ty of Arapahoe, State of Colorado, more particularly described as follows: Commencing at the south one-quarter corner of said Section 35, whence the northwest corner of the southwest one-quarter of the southeast one-quarter of said Section 35 bears N 00.11'47" E; thence N 31°46'07" E a distance of 954.79 feet to the POINT OF BEGINNING, said point also being a point on the northeasterly boundary line of The Marks as described at Reception No. 2611423, Arapahoe County Records; thence S 46.22'18" E along said .northeasterly boundary and along said boundary line extended a distance of 276.42 feet; thence S 43.37'42'' W a distance of 15.00 f e et; thence N 46°22'18" W a distance of 262.19 feet; thence N 00.07'42" E a distance of 20.68 feet to the Point of Beginning, containing 4040 square feet or 0.093 acres, more or less. 16' .....,_:..::........_ ___ EXIST. SANITARY SEWER EASEMENT BOOK 3844, PAGE 542 POINT OF BEGINNING PO•NT OF COMMENCEMENT S 1/4 COR, SEC 3:5, ! T4S,RIIW,&TH .M. ~ THE MAR KS -N - 1 30 I TH E MARKS CITY OF ENGLEWOOD THE MARKS -PHAS E lt .E .. DATi t 512 187 011 I • • - RESOLUTION NO. J.Q SERIES OF 1987 • • • I /J A RESOLUTION APPOINTING NANCY N. REID, ESQ. AS ACTING CITY ATTORNEY FOR THE CITY OF ENGLEWOOD, COLORADO, AND FIXING HER SALARY FOR THE PERIOD OF TIME SHE CONTINUES IN THAT CAPACITY. WHEREAS, Article IX, Section 64, of the Englewood Home Rule Charter provides: City Attorney --Appointment --Qualifications The Council shall appoint a city attorney who shall be the legal representative of the City and who shall advise the Council and City Officials in matters relating to the official powers and duties. The City Attorney shall be an attorney-at-law admitted to practice in Colorado and have a minimum of five years experience in the active practice of law . The Council may provide the City Attorney with such assistants as Council may deem necessary: All attorneys who reside or maintain offices in the City shall be given preference by Council for appointment. Council shall establish compensation for the City Attorney, his assistants and special counsel. AND WIIEREAS, Nancy N. Reid m eta these qualifications ; has been an Assistant City Attorney for approximately three years, and Council has been pl as d with her performance; NOW, THEREFORE, BE IT RESOLVED DY TilE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: • R id, Esq. shall orn y of th City un il fur her ord h ngl od H b and her by is of Englewood, r of he Council as Rule Chart r. I . - ( • • • • Section 2. The following salary is hereby fixed for Nancy N. Re1d as Acting City Attorney for the period she serves as such: Acting City Attorney Car Allowance Medical/Dental as provided City employees $51,977 per annum plus 10~ deferred compensation $200 per month to all full-time Personal Leave, Vacation and Holidays ADOPTED AND APPROVED this 6th day of July, 1987. Attest: Eugene L. Ot1s, Mayor Patricia H. Crow, City Clerk I, Patricia H. Crow, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of Resolution No. ____ , Series of 1987. Patricia H. Crow I • • • • • AGENDA ITEM t--;Mw-PRESEM'l'ZD BY ~- A- _6_ I / I . - • • • • • ' AGENDA ITEM ?t{)_ ) PRESEift'BD BY ---- '1{~ (J~/~t&t ~ c.--0 / C2c~r a~ d£ad (/ = ~~r/ /-v r -J r C / /UVu ~ Jtle4NY v;n Dltk• VObe1da :ou,.•ll f11t1 r..t•MIIf Ill""& lQit I I . . • - • • PRESEII'l'BD BY ve• .. y AMMt Milt• In RTiHr.- Va l\ Dvka v ... M 1da • cOur-ek ITio r&d~ ... • l I { '-.d /1 . .... 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