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HomeMy WebLinkAbout1987-09-08 (Regular) Meeting Agenda.. Regular City Council Meeting Tuesday, September 8, 1987 • • II • - • • 0 0 • I . - 1. Call to Order • • • OI&LEVOOD CITY COUNCIL OI&LEVOOD, AltAPAHO£ COUIITY, COLORADO Regular Sesston Septe.ber a, 1917 The regular .. eting of the Englewood City Council was called to order by Mayor Otis at 7:30 p.•. 2. lnvocatton The Invocation was given by Council Me.ber Yobejda. 3 . Pled .. of Allettance The Pledge of A 11 eg tance was 1 ed by Mayor OtIs . 4 . 1o11 can Present: Absent: Council Metlbers Hlgday, Van Dyke, Yobejda, Kozacek, Bilo, Otts Council Me.ber Bradshaw A quoru. was present. A 1 so present : City Manager McCown City Attorney Olsen 5 . IUnut Assistant City Manager Vargas Utilities Manager Wolka Acting Director Ro.ans, C~nlty Oevelo,..nt Director Ragland, Engineering Services City Cler Crow (a) CCIUIC I L II LO IIOWO, COUIIC I L lOZACOt S£CCII)(D, TO AP • P10Vt TMl ltllllrts Of TMl If ETI Of M*IST 17, 1tl7. At s : Council rs Y n Oy , Yobtjda, Bllo. o Is Nay s : n Abstain : Council rs Hlgday, oz c Ab n : Coun n r Brtdsh ton carrt s. ,... led Vtsttor I . - Englewood City Council Minutes Septe.ber 8, 1987 -Page 2 • • • (a) Mr. Howard McGregor, President-elect of the Greater Englewood Cham - ber of Commerce and Chairman of the Town Hall Meeting, addressed Council in- forming thn of the Town Hall Meeting scheduled for October 13, 1987. The 111eeting is being sponsored by the Greater Englewood Chamber of Connerce and will be held in the Field House, Englewood High School. Mr. McGregor invited Council's attendance and requested that one of the ~~~embers of Council who is not a candidate be present to speak briefly concerning citizen involve~~~ent. Mayor Otis assured Mr. McGregor and a Council representative would be there. Council Metlber Van Dyke expressed appreciation for receiving a copy of the agenda. 7. loft-scheduled Visitors There were no non-scheduled visitors. 8. ec-.nications and Procl-tions (a) COIIICIL MDIIEI VM DYl£ IIOVED, COUIICIL ~EI KOZACEl SECOIIDED, TO APPROVE THE PIOCLMATJOif STATI. TH£ CITY Of DREWCID'S SUPPOIT OF EFFORTS IY THE IIIITED STATES SOCCER FEDEIATJOif TO •1• Tit£ 1tM IlOILO CUP TO THE IIIITED STATES. Ayes: Nays: Council Mellbers Higday, Van Dyke , Vobejda , Koucek, Bilo, Otis None Abstain : None Absent: Motion carried. Council Melber Bradshaw (b) COIIICIL .,_. IILO IIOVED, CO.:IL .... lOUCEl Slc.ED, TO NO- CLAIR Tit£ MOl Of SlPTU.O 17 naat 23, 1M7 AS COISTIMI• WEI. Ayes: Council Melbers Hfgday, Van Dyke, Vobejda , l(oucek, Bilo, Otis Nays : Abstain : Absent: Motion carried . 9 . ConsMt Atend• None None Councfl COUIIC I L II LO 110VtD, CAUC IL • < k > • • < 1 > FICIIt Tit£ coeesm Ay s: Councfl Nays : 8tlo, Otfs Absh n: Absent : ton carried. n Non Coun f1 IILO MOVED, C t(l) nn. (J). ll r 8radsh I • Engl.wood City Council Minutes Sept-.ber 8, 1187 -Page 3 • • • I987 I987 (a) Minutes of the Parks and Recreation Commission meeting of June II, (b) Minutes of the Englewood Downtown Authority meeting of July I5 , 1987 (c) Minutes of the Planning and Zoning Commission meeting of August 4 , (d) Minutes of the Urban Renewal Authority meeting of August 5, I987 (e) Minutes of the liquor licensing Authority meeting of August 5, I987 (f) Ordinance No. 40, Series of I987, prohibiting unlawful distribut i on of cigarettes and products (g) Ordinance No . 4I, Series of I987, revising the Subdivision regulations (h) Ordinance No . 42, Series of I987, a.ending Section 1 and 3, Article X -C011petitive Bidding -increasing the 11ini111.111 1110unt required for bidding fr011 $2,500 to $10,000 (i) Ordinance No . 43, Series of I987 , a~~ending Section 1I6, Article X - Capital l~~prov ... nts -increasing the •ini.u. 1110unt required for bidding from $5,000 to $20,000 (j) Ordinance No . 44, Series of I987, a~~ending Section 9, Article I, to provide that the State Constitution and State statutes which apply to h011e rule lll.lnicipalities will supersede any provisions in the Charter in which there is a conflict . Ayes: Nay s: Abstain : Absent : ~tion carried . 10 . Publtc IIHrtnt Counctl Mellbers Higday, Van Dyke, Vobejda, Kozacek, Silo, Otis None None Council Mellber Bradshaw No public hearifti was scheduled. 11. Or4tnances, lesoluttons and llottons (a) Ut ilities Mana9 r Wo i ka briefly explained the reason it wa s neces · sary to resubllft It• 11 (a) and (b), specifically that the previous councfl bills had referenced R o Grande Ra11ro d rath r than Rfo Grand land Ca~~pany . Mr. Woi ka stated that t Vat r nd r Board c nds th pus of Council 8 11 • S7 pprov n for City Oftch rt ht ·of way n h Cha ft ld R s rvotr ar a . C ll Bill . 57 , INlAOOUC 0 BY MAYOR OTIS, A READ 8Y Till : 57, SOl , TO ut~WMtr c " tl H IY . v 0 I v Jd • 01 I . Englewood City Council Minutes Sept .. ber 8, 1987 -Page 4 Nays: Abstain: Bilo, Otis None None • • • Absent: Motion carried. Council Member Bradshaw (b) Utilities Manager Woika stated the Water and Sewer Board recommends passage of Council Bill No. 58 approving the conveyance by Quit Claim Deed of a portion of the City Ditch right-of-way in the Chatfield Reservoir area. COUNCil Bill NO. 58, INTRODUCED BY MAYOR OTIS, WAS READ BY TITLE: A Bill FOR AN ORDINANCE AUTHORIZING THE DEEDING OF A PORTION OF THE CITY DITCH BY THE CITY OF ENGLEWOOD TO THE RIO GRANDE lAND COMPANY OR ITS SUC - CESSOR IN INTEREST, THE ANSCHUTZ CORPORATION ON CERTAIN CONDITIONS . MAYOI OTIS IIOYED, COUIICIL MERIEl HIIDAY SECOIIDED, TO APPROVE COUIICIL llll NO. 51, SOlES OF 1117. Ayes: Nays : Abstain : Absent: Motion carried. Council Metlbers Higday, Van Dyke, Vobejda, Kozacek, Bilo, Otis None None Council Me.ber Bradshaw (c) Acting Director Ro.ans presented a reco..endatlon fro. the Planning and Zoning c-tsston concerning a vacation of the right -of -way In the 3400 block of South AcOIN and 100 block of West HM!pden Avenue . Mrs . Ro.ans u - platned that tea. Ur-hn Renewal Authority h the owner of the property adjoin - Ing tM portions of streets to be vacated; that IIIProv-nts to the little Dry Creek channel have Intruded Into the area of the proposed Mlrket Place Develop~ent ; that ttw va cation request wa s negotiated bet-.en the Ur-hn Renew - al Authority and Ross lnvest.ent 'roup to ca.pensate partly for land lo st to little Dry Creek Channel i iiProv~Mnt s; that the 3400 block of South Aco.a St ree t will s rv a di •l nls hed rol i n the downtown traff ic circul at i on pat - t ern ; and that the 100 bl oc k of st HM!pden Avenu e ts and will contt nu t o be closed to v h cul ar traf fic . COUIICIL CIL IIL L Ill • S , INTAOOUCfO fl R Y 0 R AD 8Y TITLE : Ol I . Englewood City Council Minutes Sept .. ber 8, 1987 -Page 5 Motion carried. .. • • • (d) Acting Director Romans presented a recommendation from the Depart - ment of COIIIIUnity Developt~ent concerning an encroachment of a Hansard Roof into the air space above the right -of-way for South Cherokee Street, stating that Section 11-3-4D of the 1985 Englewood Municipal Code requires approval of City Council for this type of encroach~~~ent. She assured Council that the owners of the property had agreed to the reMOval of the roof if at any time in the future such re110val would be required by the City . She further stated that the encroach~nt had been approved by the Technical Review Committee; any signs would confor. to the Sign Code, and that additional landscaping will be provided. RESOLUTION NO. 28, SERIES OF 1987 -A RESOLUTION APPROVING THE ENCROACH - MENT OF A ROOF TWO FEET INTO THE AIR SPACE ABOVE THE RIGHT -OF -WAY FOR SOUTH CHEROKEE STREET IN THE CITY OF ENGLEWOOD , COLORADO. COUNCIL MERIEl ICOZACEl MOVED, COUIICJL M£MEI IILO SECCII)£0, TO APPROVE RESOLU-TION NO. 28, SEIJ£5 OF 1917. ~es: Council Mellbers Higday, Van Dyke, Vobejda , Kozacek, Bilo, Otis Nays : None Abstain : None Council Me.ber Bradshaw Absent: Motion carried. (e) City Manager McCown presented the reco.endatton fro. the Police Otpart .. nt to adopt a bill for an ordinance aeending Title 4 of the Englewood Municipal Code, iiiPOsing an ... rg ncy charge upon telephone exchang access facil ttfes for Enhanced 911 Syst•. An additional bfll for an ordinance ap - proving an intergovern.ental ag~nt creat ing an rvtftCY tel phon service authority wa s considered. Mr . Cown expla ned t ftts of the Enhanced 911 Syst• including the fact that wtth this syst an rg ncy call auto - .. tfcally would go to the appropriate en ty for respon . State lf9 slatton, H.l . IZ40 and S.l . 50, provides for fUftdtng of t syst ich w 11 not cost t City of Englwood any .otttes; costs will a sess to t us rs. Mr . C tnfor.ed t Counctl that th s nt appro ed by all n f . tt tn t tropolftan a a or ill o nto t t . IL H 'J, I . Engl.wood City Council Minutes Sept-.ber 8, 1187 -Page 6 Abshin: None • • • Absent: Motion carried. Council Member Bradshaw COUNCIL BILL NO. 52, INTRODUCED BY COUNCIL MEMBERS BRADSHAW/HIGDAY , WAS READ BY TITLE: A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY WHICH SHALL ESTABLISH AND OPER - ATE AN EMERGENCY TELEPHONE SERVICE SYSTEM TO INCLUDE THE CITY OF ENGLEWOOD. COUIICIL _,.EI HIIDAY MOVm, COUNCIL MEMER BILO SECOfl)m, TO APPROVE COUNCIL BILL MO. 52, SEIIES OF 1187. Ayes : Council Mubers H1gday , Van Dyke, Vobejda, Koucek , B11o , Otis Nays : None Abstain : None Council Me.ber Bradshaw Absent : Motion carried. {f) Director Raghnd presented 1 reco-.ndation fr011 Engineering Ser- vices to award the construction contract for East Girard/South Elati intersec- tion street hllprove.ents to BitUIIInous Roadways of Colorado, Inc., in the a.ount of $103,930 .40 . The various alternates were explained to Council along with associated cost savings of each . Ms. Ragland responded to questions of Council and City Manager McCown explaining the total bid project, the work which had already been acce~~~plished, and tt•s which still needed to be done to c011plete the project, the total cost being S272 ,000. The agre ... nt with RTD for 501 of the cost of this project to 1 uxl-of SlOO ,OOO was dis - cussed. Ms. Ragland conflnled that the .onies for the City's share are avail - able In the Public liiProv ... nt Fund Six-quarter Budget , Road and Bridge I C · count. Those tt•s which could be el i•lnated to reduce the cost were dis · cussed, i.e., accent lights on the west side of Elatt, accent lights north of City Hall Parking lot, downgrading traffic equiPIIIftt Installation and concrete IIIProV ts for approxtutely S20,000 savings {fro. the bid package); t ell•lnatlon of the progr .... ble signal heads and traffic controllers and d grading of t landscaping • S24 ,100 savings {not Included n t bid p c agt). rs Hlgday, Koz c , Btlo rs Van Oy , v jd , 0 I • • .. • Englewood City Council Minutes Sept .. ber 8, 1987 -Page 7 STREET AND NORTH OF CITY HALL PARKIN& LOT, AS VELL AS DOVNGRADIN& OF TRAFFIC EQUIPMENT INSTALLATION AND CONCRETE IMPROVEMENTS (APPROXIMATE SAVINGS OF $20,000). Ayes: Nays: Abstain : Absent: Motion carried. Council ~rs Higday, Van Dyke, Vobejda, Bilo, Otis Council ~ber Kozacek None Council MeMber Bradshaw Council further dete~ined to eliMinate frOM the project the prograMmable sig- nal heads and traffic controller and to downgrade the landscaping resulting in an approxi .. te savings of $24,800 . The cost of the project, therefore, would be $227,200 instead of $272,000 . (g) Director Ragland presented a reca.endation frOM Engineering Ser - vices to reject all bids for the Concrete Replace.ent Progra. 1987 and to au - thorize a re -bid progra.. She explained the confusion which resulted in the bidding for the reMOval of sidewalk -lineal foot vs . square foot, and stated it was iMPOssible to deten.ine the low bidder due to discrepancies in the bid -ding of this it ... COUNCIL ...U VOI(JDA NOYm, COUNCIL 1010 IILO SfCCII)m, TO REJECT ALL liDS FOI THE COIICI£T£ IDt.ACEMOfT PIOIIlM 1117 Alit TO AIITHOIIZE A 1£-IID PIOIIlM ON A COIIIOI lAS IS. ~es : Nays : Absta in: Absent : Motion carried . Council Metlbers Higday, Van Dyke, Vobejda, Kozacek , Silo, Otis None None Council Metlber Bradshaw 12 . City Nana,.r 's Report I . - Englewood City Council Rinutes Septa.ber 8, 1187 -Pate 8 • • • Revenue Sharing, which we no longer receive. The Golf Course Fund is in ex - cellent shape; however, it is reca..ended that an increase of $1.50 per nine holes be ude. The Water and Sewer Funds continue to be in excellent shape and no increases are being reca..ended. He stressed that the budget as pro - posed is a status quo budget without any new services being initiated. 13. City Attomey's .. port Ms. Reid did not have any utters to bring before Council. 14. leneral Discussion (a)(i) Mayor Otts requested a sponsor for a proclaMtion concerning Citizenship Day. COUIICIL ._. UZACEI IIMD, COUIICIL ...U VOIUDA SEC.O, TO PIOCLAIM SEPTU.O 11, 1M7, AS A C£LEIUTICII Of CITIZEJISHIP DAY. ~es: Counctl Mellbers Higday, Yan Dyke, Vobejda, Kozacek, B11o, Otts Nays: None Abstain : None AbsMtt : Counc 11 Maber Bradshaw Motion carried. (a)(1t) Mayor Otts announced that Englewood's share of the lottery funds totaling SIZ8,71Z.ZZ had been received. 15. A(j..--.t COUIICIL _. 111-Y .VO TO ....... The .. ttng adjour"fted at 8:42 P·•· I . -• • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL SEPTEMBER 8, 1987 7:30 P.M. 1. Call to order. 2. 3. 4. 5. Invocation. Pladqa of allaqianca. Roll call. Minutaa. (a) Minut .. of the raqular ... unq uw.t 17, 1917. ~ c~ Pre-Scheduled Viaitora. (PlaaH liait your praaentation to tan ainutaa.) (a ) Kr. Howard llcGrec,or, Preaident-llect ot the Greater ln- qlewoocl Chaaber ot c~rca and Cbainan ot the Town Hall Meetinq, vill be praaent to diacuaa that ... tinq. 7. Non•Sch uled V1a 1 ore . (Pl eaae lia i t your pnHn tation to five a inu •·) (a ) 4 orld co -( ) I I . - City council Agenda September 8, 1987 Page 2 9. ~sent Agenda. • • • (a) Minute• of the Parka and Recreation co .. iaaion aeeting ...---of June 11, 1987. Minute• of the Englewood Downtown Authority aeeting of July 15, 1987. Minute• of the Planning and Zoning Coaaiaaion aeeting of Auguat 4, 1987. (d) Minute• of the Urban Renewal Authority aeeting of Auquat 5, 1987. (e) Minute• of the Liquor Licenaing Authority aeeting of Auguat 5, 1987. C 4t (f)/ Ordinanc/ prohibiting unlawful distribution of ciqa- rettea and producta. (g) / OrcUnanct~evidng the Subdivision regulation•. (h) .! Ordinancil/~ndinq Section 1 and 3, Article X -Coapeti- tive Biddinq -increaainq the ainiaua aaount required for biddinq froa t2,500 to $10,000. Ordina~~int Section 116, Article X -capital Ia- proveaenta -increa•int the ainiaua aaount required for ) J bidcUn; jr;f $5,000 to Uo,ooo. f'J(j) Ordinance ... ndin; section t, Article I, to provide that the state Constitution and state statute• which apply to hoee rule aunicipalitiea will auper•ade any proviaiona in the Charter in which there ia a conflict. Ordinanc ri9ht-ot DJ:iva in ilr approving an ea• ... nt for the City Ditch ay betw .. n the Chatfield outlet and Santa Fe xc nqe for a quit ol 1• deed to Rio Gr nde for a portion of Ci y Ditch. deedin; of a portion of the nqlewood to th Rio Grande iona. I . • • • City Council Agenda September 8, 1987 Page 3 11. Ordinancea, Reaolutiona and Motiona. c P~~,ol ctuAA1' 12. 1). u. (a)/ Reco-endation froa the Water and Sever Board to adopt a bill for an ordinance approving an eaa ... nt for City ./ Ditch right-of-way in the Chatfield Reaervoir area.~~~ (b) viReca.aandation froa the Water and sever Board to adopt a bill for an ordinance approving the conveyance of the · abandoned City Ditch right-of-way by Quit Claia Deed ~;f~~ (c) Recoaaendation froa the Planning and Zoning Coaaiaaion to adopt a bill for an ordinance vacating portion of the right-of-way in the 3400 block of South Acoaa and 100 block of Weat Haapden Avenue. ti~A1 ~ / ~~ (d)/ Reca.aandation froa the Ca..unity Developaent Departaent to adopt a Reaolution approving the encroachaent of a Manaard Roof into the air apace abov' th right-of-way for South CherokM StrHt. 716c<.~ / M., Ci y (a) ( ) Reco.aendation froa the Pol ice Depart..ent to adopt a bill for an ordinance ...ndiniJ Title 4 of the Englewood IIUnicipal Code, illpoeing an _.rvenc:Y cbarve upon tele- ~:~~~~.-z faciliti .. tor enbanoed tu :;( ~tion fraa the Director of Engineering .. rvicea "\) to award conatnaction contract for aaet Girant;aouth Elati interaection atreet bprw•tnte to litua ,. I' I lloadvaya of Colorado, Inc. , in the aaount o t• , _., $103,130.40. ~tion fraa the Director of Engineering to reject all bida for Concrete la.a...,at and to authoriae re-bid prograa. •• avail- A torn y•e port. c ell •• I • - ' City Cou Septembe~cil Agenda Page 4 8, 1987 15. Adjou--... . , ... -nt. .. I • • • I • • - • • • /) I • • I . • • • • AGENDA ITEM 0 a_,; PRESENTED BY S[CCIM)I _~..._::-?f;;..._------ SUl.TS: ____ --:f------::;rf':'-:-;}~------I . • 1- • • • AGENDA ITEM b'a..c t7 / ~ /" ~ ./' _____. 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Call to Order • • • EN&LEVOOO CITY COUNCIL ENGLEVOOO, ARAPAHOE COUNTY, COLOUDO Re ular Session August 17, 1117 5 The regular Meting of the Englewood City Council was ulled to order by Mayor Otis at 7:30 P·•· Z. Invocation The invocation was given by Council Me.ber Yobejda . 3 . Pledte of Allegiance The Pledge of Allegiance was led by Mayor Otis. 4 . loll Call Present : Council Netllbers Van Dyke , Yobejda, Bilo , Bradshaw , Otis Absent : A quoru. wa s present. Also present : Council Netllbers Htgday, Kozacek C fty Mana9er Me Co. Actt"9 Ctty Attorney Retd Assistant City Manager Vargas Actt"9 Director Rouns , C n ty Dev 1 Director Kuhn, Parts and reatton Ctty Cl r Cr nt I - • .. Englewood City Council Minutes August 17, 1987 -Page Z • • • information is that it would result in a reduction in the number of "non-biddable" positions . 6 . Pre-scheduled VIsitors There were no Pre -scheduled Visitors . 7. Non-scheduled VIsitors There were no non -sc heduled visitors . 8 . ~tcattons and "'ocl-ttons There were no Ca..unicatlons/Procla.ations upon which to act . 9 . Consent Agenda COUNCIL IIIDIIU IIADSIWI NOYED. Ca..JL fOIU IILO SEC~. TO APPIOVE Coti-SOO MElitA ITEJIS I (a) T'HROI8t (h). (a) 1987 . (b) (c) (d) (e) 1987. Minutes of the £nglftl00d Housing Authority ... tlng of June 24, Minutes of the Liquor Licensing Authority .. etlng of July 1, 1987 . Minutes of the Urban Renewal Authority .. etlng of July 1, 1987. Minutes of the Election Co..lsslon ... tlng of July 16, 1987 . Minutes of the Planning and Zoning Co..tsslon ... tlng of July 21, (f) Minute s of the Public library Board ... tlng of August 11, 1987. (g) Ordinance No. 38, Series of 1187, approving an eas ... nt agre ... nt for the Little Dry Creek right -of-way. (h) Ordinance No . 39, Series of 1987, authorizing an agr ... nt with Regional Transportation District for street l_,rov ... nts . Ay s : Council .....,_rs Van Dyke, Vobejda, Btlo, Bradshaw, Nay s: Abstain : Abs nt : t1on carrf 10. Putt tc Me rtnt publ te H . Otis None Non Council rs Htgday , ozacek ul ton I . · Englewood City Council Minutes August 17, 1987 -Page 3 • • • administered by staff and a Major Subdivision procedure which would require review and approval of the Planning COMMission and City Council; 3) and bound -ary adjust.ents as provided by State statutes. COUNCIL BILL NO. 46, INTRODUCED BY COUNCIL MEMBER BILO, WAS READ BY TITLE: A Bill FOR AN ORDINANCE AMENDING THE ENGLEWOOD MUNICIPAL COOE 1985 BY REPEALING AND REENACTING TITLE 10 THEREOF PERTAINING TO SUBDIVISION REG -ULATIONS OF THE CITY OF ENGLEWOOD. COUIICJL IEJIIEI IILO STATED HIS SUPPORT OF Tit( HCOIIIEJI)ATJCJII OF THE PLNIUN& AIID ZOIII,. CCIIIJISSIOII AIID MOVED TO APPIOYE COUIICIL IILL 110. 41, SElJES OF 1987. COUIICIL NOllER VOIEJDA SECOII) THE IIOTIOII. Ayes: Council Metlbers Van Dyke, Vobejda , Bilo, Bradshaw, Otis Nays: None Abstain: None Council Metlbers Higday, Kozacek Absent: Motion carried . (b) City "-nager McCown presented a reca..endation fro. the Pollee Oe - part.ent to adopt a bill for an ordinance prohib iting unlawful distribution of cigarettes and related products . COUNCIL Bill NO . 44 , INTRODUCED BY COUNCIL MEMBER VOBEJOA, WAS READ BY TITLE: A Bill FOR AN ORDINANCE AMENDING TITLE 6, CHAPTER 1, ENGLEWOOD MUNICIPAL COO£ 1985, BY AOOINC A NEW SECTION 10 RELATING TO UNLAWFUL DISTRIBUTION OF C I CARE TIES AND TOBACCO PRODUCTS . COUIICIL ...a VOI(JDA MOVED, CCUI:IL fDIEl VM DYU SECOIIDED, TO APNOYE COUIICIL I ILL 110. 44, SElJES OF 1117. Ayes : Council rs Van Dyke , Vobejda, Bilo, Bradshaw, Ot s Nay s: Absta tn : Abs nt : tfon carr td . 11 rs Hlfday, Kozace AS R AD 8 Till : CITY DITCH AI HT - IN XC fOR A AIAIIIOONfO PORT I 0 TH I . • • • Englewood City Council Minutes August 17, 1987 -Page 4 COUNCIL MEMBER VOBEJDA MOVm, COUNCIL MEMER IILO SECONDm, TO APPROVE COUNCIL I ILL MO. 49, SERIES OF 1987. After discussion concerning the tena "aban - doned," Council agreed that all reference to "abandoned" should be struck fro. the Council Bill . A typographical error was also noted in the second Whereas, which should correctly read • ... and the property lines ... •, instead of " ... and the properly lines ... •. COUNCIL BILL NO . 49, INTRODUCED BY COUNCIL MEMBER VOBEJDA, WAS READ BY TITLE AS AMENDED: Vote A BILL FOR AN ORDINANCE APPROVING AN EASEMENT FOR THE CITY DITCH RIGHT - OF-WAY BETWEEN THE CHATFIELD OUTLET AND SANTA FE DRIVE IN EXCHANGE FOR A QUIT CLAIM DEED TO RIO GRANDE RAILROAD FOR A PORTION OF THE CITY DITCH. results of passage of Council Bill No . 49, Series of 1987, as a .. nded: Ayes: Council Members Van Dyke, Vobejda, Bilo , Bradshaw, Otis Nays: None Abstain: None Absent: Notion carried. Council MeMbers Higday, Kozacek (d) The reca.endation fr011 the Water and Sewr Board to adopt a bill for an ordinance approving the conveyance by deed of the City Ditch right -of- way to the Rio Grande Railroad was discussed, and it was agreed by City Coun- cil Mellbers that all reference to "abandoned" be struck fr011 this Council Btll . COUNCIL BILL NO. SO, INTRODUCED BY COUNCIL MEMI£R VAN DYKE, WAS READ BY TITLE : A BILL FOR AN ORDINANCE AUTHORIZING THE DEEDING Of A PORTION Of THE CITY DITCH BY THE CITY OF ENGLEWOOD TO THE RIO GRAll)( RAILROAD ON CERTAIN CONDITIONS. Englewood City Council Minutes August 17, 1987-PageS • • • A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD COLORADO, AT A REGULAR MUNICIPAL ELECTION TO BE HELD NOVEMBER 3, 1987, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD AS FOLLOWS : INCREASING FROM $2,500 TO $10,000 THE REQUIREMENT FOR COMPETITIVE BIDDING IN PURCHASE OF SUPPLIES, MATERIALS, OR EQUIPMENT BY AMENDING SECTION 113 OF ARTICLE X OF THE HOME RULE CHARTER. COUNCIL MEMBER BRADSHAW MOVED, COUNCIL MEMBER BILO SECONDED, TO APPROVE COUN- CIL BILL NO. 53, SERIES OF 1987. Ayes: Council Menlbers Vu Dyke, Vobejda, Bilo, Bradshaw, Otis Nays: None Abstain: None Absent: Council Me~bers Higday, Kozacek Motion carried. COUNCIL BILL NO. 54, INTRODUCED BY MAYOR OTIS, WAS READ BY TITLE: A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD, COLORADO, AT THE REGULAR MUNICIPAL ELECTION TO BE HELD NOVEMBER 3, 1987 , PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD, AS FOLLOWS: INCREASING FROM $5,000 TO $20,000 THE REQUIREMENT FOR COMPETITIVE BIDDING IN CAPITAL IMPROVEMENTS AND ALLOWING APPROVAL OF COUNCIL BY RESOLUTION OF NEGOTIATED CONTRACTS RATHER THAN BY ORDINANCE, BY AMENDING SECTION 116 OF ARTICLE X, OF THE HOME RULE CHARTER. MYOI OTIS IIOVED, COUIICIL -.u VOIEJDA S£COIIDO, TO APPilOV£ COUNCIL IILL NO. 54, SUUS OF 1987. Ayes : Nay s: Abstain: Absent : Motion carried. Council Otis None None Council Mellbers Van Dyke, Vobejda , rs Hlgday, Kozactk Silo, Bradshaw, COUNC IL BILL NO . 55, INTRODUCED BY MAYOR OTIS, WAS READ BY TITLE : A BILL FOR AN OROI CE SU ITTI TO A VOTE Of THE QUAliFIED ELECTORS OF TH CITY OF L£WOOO, COLORADO, AT THE REGULAR MUNICIPAL ELECTION TO BE HELD NOVE £R 3, 1987, PROPOSED AM£ NT TO THE CHARTER OF TH CIT OF E LEWOOO, AS FOll : AOOI TO ECTJON 9 Of ARTICL I THAT ANY CHART R PROYJSJ ICH IS IN C LICT WI TH STAT STATUTES OR TH CONSTITUTION IS UP R ED D BY TH TAl STATUT OR STATE C STJTUTJON IF THE SUBJ CT MATT ER 0 TH C liCT HAS 8 EN DECLARED Of STAT JD C ERH T RELY A RU E TTER. MA YOI OTIS 110¥0 , COUIIC IL • II, SOlES OF 1 7, Ay : N 1 : l IUDSIWI SECC.O, TO APPIOV[ COUNCIL IILL rs Y " Dy , Yo jdt, 8 lo, I . • • • Englewood City Council Minutes August 17, 1987 -Page 6 Abshin: None Absent: Motion c1rried. Council Members Higdiy, Koz1cek (f) City M1n1ger McCown presented the reco.endat ion fr011 the Depart- ment of COMMUnity Develo~nt to adopt a resolution authorizing asslgn~ent of the MOrtgage revenue bond allocation to the City and County of Denver. RESOLUTION NO. 27, SERIES OF 1987 -A RESOLUTION AUTHORIZING ASSIGNMENT TO THE CITY AND COUNTY OF DENVER, COLORADO OF A PORTION OF THE ALLOCATION OF THE CITY OF ENGLEWOOD, COLORADO AS A "DESIGNATED LOCAL ISSUING AU- THORITY" UNDER 1987 COLORADO SENATE BILL NO. 72 FOR USE IN CONNECTION WITH A PROGRAM TO FINANCE RESIDENTIAL FACILITIES FOR LOW-MD MIDDLE - INCOME FAMILIES AND PERSONS WITHIN DENVER AND CERTAIN OTHER CITIES AND COUNTIES IN THE STATE OF COLORADO: AUTHORIZING THE DElEGATION TO THE CITY AND COUNTY OF DENVER, COLORADO OF THE AUTHORITY OF THE CITY OF ENGlEWOOD, COLORADO TO ISSUE REVENUE BONDS TO FINANCE THE PROGRAM WITHIN THE CITY OF ENGlEWOOD; AND AUTHORIZING THE EXECUTION AND DEliVERY BY THE CITY OF EN - GLEWOOD OF AN ASSIGNMENT AND A DELEGATION AGREEMENT . COUNCil fi(M[R IUDSHAM liMO, COUNCIL 1010 VGIE.JDA S[a.fD, TO APPIOVE RESOLUTION II). 27, SOlES Of 1117. Ayes: Councfl Mellbers Van Dyke, Yobejda, Bflo, Bradshaw, Otts Nays: None Abstain : None Council "'-btrs Hlgday, Kozacek Absent: Motion carried . (g) Director Kuhn, Parks and Recreation, preslftted a reca..ndatton fr011 the Malley Center Trust Fund Co.ittM to approve the explftdtture of Sl.SOO to revise and print 2,000 copies of the Trust Fund broc~re . All ••· pendlture s fr011 the Tru st Ft.tnd .,,t approved by Councfl : there ts approxt · .. tely S76 ,000 In th Ft.tnd balan ce . COUNCIL R IUDSMMI liMO, COUIIJt IL IILO SU.O, TO APNOVt TN[ HC TION Of 111[ MUEY COOER TIUST F\111) COIIUn[[ TO 5101) AHIOIIMTE · LY $1,500 nON TN[ LEY COOD TIUST F'UIID fOI 2.000 COPIU Of' A HYISO UP · DATED nuST f'\11» IIOCMUIE. s: C nc 1 rs 0 , Yo d , Ott N1 ys : Ab sta tn : Ab " : ton carr I . . - • • · Englewood City Council Minutes August 17, 1ga7 -Page 7 • • • Fund for golf course i~rove.ents. Use of gravel as opposed to asphalt was discussed. COUNCIL MOllO IUDSIWI am, COUNCIL MOllO IILO SECCIIIQI, TO APPIOVE THE RECOMMENDATION OF THE PARKS AND RECREATION COMMISSION TO CONSTIUCT A THIRTY- CAl PARKitli LOT IEHIIm THE EIIILEVOOO IUICIPAL IOLF COURSE Dll¥1. UtliE FOl APPROIINATELY $11,000 NATEliAL COSTS FUNDED FlON THE PIF FUND FOl IOLF COUISE IMPROVEMEIITS. Ayes: Council Otis None None Council Metlbers Van Dyke, Vobejda, Bilo, Bradshaw, Nays: Abstain: Absent: Motion carried. Me.bers Higday, Kozacek (i) City Manager McCown rec~nded the establht.ent of Septellber 21 , 1987 as the public hearing date for the 1988 Proposed Budget as requtred by Charter . He pointed out to Council that this date 1s 1 regular .. t t ng of City Council . COUNCIL ..,_. IUDSIWI am, COUNCIL ..,_. IILO SECCIIIQI. TO SET THE PUiliC HEMI. FOI THE PllOPOSm 1111 IUDIET FOI SEPTa.o 11, ltl7 AT 7:30 P.R. Ayes : Council Me.bers Van Dyke, Vobejda, Btlo , Bradshaw , Otis Nays : Ab s tatn : Absent : l'otton carried . None None Counc i l Me.bers Htgday, Kozacek 12. Ctty llanatet"'l .. port Mr. Mc CCMI d i d not hav e any .. u e r s to bri ng before Counci l. 13. Ctty Attorney 's Iefort (a) Ms . Retd sut.Hted for Council's approva l t he settl lnte~ntatn Resurfacing, Inc . Nays : Abstain : Abs nt : t on urrted . 14 . ra1 Dtacusaton (1) r ' Council t w th I • • Englewood City Council Minutes August 17, 1987 -Page 8 • • • M1yor Otis discussed the probl .. resulting fro. the recent appoint .. nt of Judd Like to the Planning and Zoning Ca..ission. COUIICIL ..U IUDStWI IIOYED, COUIICIL ~ IILO SEc.ED, TO I£5CIIIt I£COIT APPOINTIIOITS OF .JUDD LME -CURTIS SUCH. Ayes: Council Metlbers Van Dyke, Vobejda, Bilo, Bradshaw, Otis Nays: None Abstain: None Council Me.bers Higday, Kozacek Absent: Motion carried. (b) Council Me.ber's Choice COUIICIL ..,_. YM DYU IIDYED, COUIICIL ~ IILO SU.0 TO APPOIIT .JUDD LME TO 11IE IMTEI-SEIID .... SAID TIM EFFECTIVE I ... IAmY-TO D- PII£ Fa.MIY 1, 1112. Ayes: Nays : Abstain : Absent: Motion carried. Council Otis None llllone Council Metlbers Van Dyke, Vobejda, ~rs HtgdtJ, Kozacek lilo, lradsh .. , COUIICIL ..a IUDSHMI IIDYED, COUIICIL ..a Y01L1M SEc.ED, TO APPOIIT CURTIS SUCH TO T1IE ~~--ZCIII. CCIIIISSI., SAID TEM EFFECTIVE IIIUI- ATRY -TO DPII£ FDmAIY 1, lilt. Ayes : Council "-bers Van Dyke, Vobejda, Bilo, Bradshaw, Otis Nays : Abstain : Absent : ttotton carried. 15 . Mj........t None None Council "-bers HigdtJ, Kozacek COUIICIL ..a .....,IIDYED Tl .... The .. ttng adjourned at 1 :15 P ·•· I . - 6:00 -7:00 P.M. 7:00 -9:00 P.M. • • • AGENDA (Tentative) TOWN HALL MEETING Tuesday . October 13 . 1987 FIELD HOUSE, Englewood High School 3800 South Lo1an Sponsored by GREATER ENGLEWOOD CHAMBER OF COMMERCE Food Court Open to the Public -Service Clubs Concessions Phone Dori, 789-4473, to arrance for space/products Musical Back&round -Entertainment EDilewood Hiih School Band Group PROGRAM 1. Call To Order Ron Valliere, Master of Ceremonies 2. Invocation Reverend james Clark, Mayflower ~recational Church 3. Preseotatioo of the Colors, Fla, Salute Fred Perry American Lqioo Po t No. Z1 4. " tar led &Mer" -Audience 5. R tioo of DistU.Uisbed Guest ( o speeches) 6 . " tars and Stripe Forever" -Twirlilli Demon tratioo " i Etlclewood", Anna 0 borne 7. for City Council on S rator I . .. P R 0 C L A M A T I 0 N WHEREAS, Soccer is o ne of the world's most popular sports; and WHEREAS , Soccer is the fastest growing team sport in the United States; and WHEREAS, The United States Soccer Federation is an orga nization supporting and promoting soccer at all levels; and WHEREAS , Soccer provides an excellent opportunity for our youth to dev lop team and individual athletic skills; and WHEREAS, Soccer provides an excellent opportunity for our you h o dev lop team and individual athletic skills; and ~IEREAS, Th 1994 world Cup will be a major sporting nd our1sm v nt ; and WHEREA S, World-w1de interest in the 1994 World Cup will focus worl d a en 1on and intere s t on our nation; and WHEREAS , Th hos n 1on will automatic lly qualify for p r 1cip 10n 1n th 1994 World Cup ; and WHEREAS , Th 1 con 1nu d row h o 1 7. 4 orld Cup woul d gr atly socc r n th un t d Sta s ; OTIS, ~ yor h nd • 1 h • 8 h d y o 0 I • • P R 0 C L A M A T I 0 N WHEREAS, Our Founding Fathers, in order to secure the ble ssi ng s of liberty for themselves and their posterity, did ordain and establish a Constitution for the United States of Amer ica ; and WHEREAS, It is of the greatest import that all citizens fully understand the provisions and principles contained in the Constitution in order to support it, preserve it and defend it against encroachment; and WHEREAS, Th Bicentennial of the signing of the Constitution provides a historic opportunity for all Americans to learn about and recall achiev ments, of our Founders, and to reflect on the righ s nd privile es of citizenship as well as its attendant responsibilities; and WHEREAS , The ind .pendence guaranteed to the American p ople h Cons i u ion should be celebrated by appropriate c r monies nd ac ivi i s during Constitution Week, September 17 hrough s p mb r 23, s designated by proclamation of the Pr s1 d n of h Un1 d S a s of America in accordanc wi h Public L w 915 ; 1 I I do L. Otis, Mayor of th City of proclaim the w ek of S pt mb r 17 urg all our ci izena to w k o our F d ral Cona .on n Ci henahip. a 1 hia th d y of I . • P R 0 C L A M A T I 0 N and WHEREAS, Soccer i s one of the world's most popular sports; WHEREAS, Socc e r is the fastest growing team sport in the United State s ; and WHEREAS, The United States Soccer Federation is an o rganization supporting and promoting soccer at all levels; and WHEREAS, Soccer provides an excellent opportunity for our y outh to dev lop team and individual athletic skills; and WHEREAS , Socc r provides an excellent opportunity for our you h to d v lop team and individual athletic skills; and WHEREAS , The 199 4 World Cup will be a ma jor sporting and tourism v nt; and WHEREAS , World-wide in terest in the 1994 World Cup will focus world en ion and interest on our nation; and WHEREAS , Th hos na ion will automatically qual ify for p r 1c1p 100 1n h 199 4 World Cup; and WHEREAS , Th 19 4 or ld Cup wou ld greatly ncourage th con 1nu d row h of aocc r in the uni ed Stat a ; l 87. OTIS, May or of th C y o th City of Engl wood, Colorado husiaatic ally support all n c as ry Socc r ' d ra ion to br ng h 1994 •• nd 8 l hia 8 h day Of r, I . • - P R 0 C L A M A T I 0 N WHEREAS, Our Founding Fathers, in order to secure the blessings of liberty for themselves and their posterity, did ordain and establish a Constitution for the United States of America; and WHEREAS, It is of the greatest import that all citizens fully understand the provisions and principles contained in the Constitution in order to support it, preserve it and defend it against encroachment; and WHEREAS, The Bicentennial of the signing of the Constitution provides a historic opportunity for all Americans to learn about and recall achievements, of our Founders, and to reflect on the rights and privileges of citizenship as well as its attendant responsibilities; and WHEREAS, The independence guaranteed to the American p opl by the Cons i u ion should be celebrated by appropriate c r moni s and ac ivi ies during Constitution Week, Sept mber 17 through Scp mb r 23, as designated by proclamation of the Presid nt o! th Un1 ed St tea of America in accordanc wi h Pu lie L w 15; NOM THERBFORB, I, Eug ne L. Oti 1 Mayor of th Ci y of Enql wo o 1 Color do do h r by proclaim the w ek of S p mb r 17 hrough 23, 1987 s CONSTITOTIOII WBU urg all our cit zens to w ek o our d r•l Cons ion Ci h nahip. 1 I • • • Englewood Parks and Recreation Commission Minutes of June 11, 1987 The regular monthly meeting of the Englewood Parks and Recreation Commis - sion was called to order at 5:35 p.m. by Chairman Poole at the Englewood Municipal Golf Course Clubhouse. Members present: Braucht, Gomes, Neyer, Pillow, Poole, Weber, Kuhn, ex officio Members absent: Bradshaw, Higday Also present: Doug Foe, Recreation Superintendent Jim Kavinsky, Parks Superintendent Chairman Poole asked if there were any additions or corrections to the minutes of May 14, 1987. There were none. A .otion was made and seconded that the minutes be approved as presented. The MOtion passed. Director Kuhn reported that the golf course concessionaire contract is presently being renewed with very few changes from last year's contract. He stated that there is a revision In the percentage of revenue, which was based on 5200,000 gross revenue, that the City will receive during winter months du to the fact that the golf course is not open during inclement weather. Kuhn reported that the contract also states that the City, at the time of renewal, has the right to increase the monthly percentage schedule based on the con - sumer pric index or the previous year's gross revenue. Kuhn stated that th 1987 gross r venue Is estl•ated to be 5170 ,000. A .ore vigorous method of adv rtlslng for the Fairway Inn wa s discussed to draw a larger patronage from non -golf r . . I • I . • • .. 4th quarter of 1987, but because of the difficulty in establishing sod at that time of year, the project will be completed in the Spring of 1988. Kuhn stated that a nature center had been budgeted in the 1987 PIF fund which has been placed on hold. Parks Supt . Kavinsky reported on several projects which are now in prog - ress or will be in the near future. Design and consulting work has been done for the Belleview tennis court relighting and resurfacing, which is in the PIF fund and will be completed In late August and September . The landscaping of the lower slope at Belleview Park below the tennis courts, which will include the removal of the concession stand, will be completed this Fall. Additional module -type playground equiPMent will be purchased and installed this Fall or next Spring . Kavinsky stated that relandscaping of the water fall at Centen - nial Park has been completed . Also at Centennial Park, the shoreline In the areas of the dock , water fall and the small pond Is being re -rocked and should be complete by July 4. The piping for the Southwest 4 greenbelt drainage project is ca.plete, and sod work will be co.plete in 2-3 weeks . Irrigation and landscaping for the Floyd realign.ant project will be done on two weekend s in June. Kavinsky stated that funding for work being done by the Parks work force on the Floyd realignment is co.ing fro. funds for that project , not the Parks budget . Kavinsky stated that alMOst all planting of flowerbeds In parks and on Englewood Parkway is complete. Director Kuhn reported that in preparation of planning the 1988 budget, staff has updated the depart.ant goals and objectives . Kavinsky stated that he feels all objectives listed for 1988, 1989, and 1990 will be acca.pllshed . There was some discussion concerning the importanc of providing handicap ac -cessi bility to parks and facilities. Commissioners Pillow and W ber left the .. etlng at 6:45 P·•· , I . • • • Director Kuhn reported that the Malley Center Advisory Committee will have their annual picnic on July 23. Kuhn recommended that unless matters of concern develop, the Com.ission meeting be held briefly prior to the picnic rather than on the regular meeting date of July 9. The Commission agreed to meet at 5:00 p.m. on July 23. The meeting was adjourned at 7:25 p.m. linda Wilks, Recording Secretary • 3 • I . • • • 9b ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY 3535 South Sherman -Englewood, CO 80110 Soard Member s Pr sent : Soard Meab rs Ab nt: Staff Pr s nt: Cu sts: The r aular of Oir ctors was July U, 1987. dleton IIOY r ular vot Minutes July 15, 1987 Boselli, Ciancio, Coleman, Green, Otis, Pendleton, Tomooka Hale, 0 wald P nn y D1 trich Dick Hinson v lopaent Authorit Board Cr ~. a t 12:10 P·•· on Hr. P n- y vot e: I I, I • • ~I i IIII I t':-l .lui \' I 1J , 198 7 P.1u,· 1\J,, • • • DCRECTOR'S REPORT ~cL_l!_a_vln s -Ms. Dietrich repo rte d on the progress of the Welcome Presentation to the new Key emp l oy es that are moving into the Downtown District. Origi- nally, there were going to be sixty new employees in the downtown office, but that number has been s ca led ba c k to about twenty. Ms. Dietrich noted that she is still planning t o present the Wel come Coupons from all the partic ipating mer c hant s , but th e timing has been moved ba ck a co uple of weeks. Bu si nes s Fal r - sponso r a Busin d t ils will b in th planning Engl woo d Chamber o f Commerce. Th Chamb r is planning to ss Fair in Englewood, scheduled for Septemb r 24. Further forthcoming. Ms . Dl trich noted that s h has off red to assist of this event. reported on th workshop that she attend d The topic was Promoting Downtown. Sh r - that sh thought would be appli cabl to notebook that sh has availabl for d Farmer's Hark t has begun, and is lo- oop ra lot). It open don July 7 , Tu d y fr • II • m. t s 11-ou t. d f iug pro- projec and 11 pr 110tion. Thl a will t • I . Minutes July 15, 1987 Page Three • • • ~ -Sales tax revenues for the City of Englewood are still down. BOARD MEMBER'S CHOICE -Rick Boselli presented an overall improvement plan that Cinderella City is expected to begin this Septe•ber. He noted there were three parts of it that included landscaping, banners, and entrance lights, both exterior and interior. He noted Cinderella City would appreciate any consid- eration from the EDDA for landscaping the public right-of-way at the entrance to the shoppina center at Highway 285 and Inca Street. There was general dis- cussion and agreeaent that this project would fit nicely with the overall progr .. of beautification of Downtown Englewood. Mr. Green noted that the request would be forwarded to the Finance Subco .. ittee and a reca..endation would be forthco•ing as soon as .are specific information was available from Hr. Boaelli. Hr. Boselli will send specific infon.ation as to costa and project requirements to the EDDA Board. Th re was general agreement that this project would further enhance th appearance and flavor of Downtown Englewood. It waa alao noted that the atrip alona Hiahway 285 from Cind rella City to Santa Fe could certainly use sodding and/or landacapin& to give the ntranc into Downtown Englewood a better "Welcomina" appearance. The inters ction at Highway 285 and Broadway was used as an xcellent exa.ple of what beautification co uld do for a city. KL Dietrich indicated that ah would follow up on thia augg ation. All .. 8bera receaaed into Executive Se aion at 1:20 P·•· to consider th Ex cutive Director's Annual vi w. Th Board c ou of Executfv S aaion at 1:30 P·•· t r waa no furth r buain a , th tin w a djourn d I: 0 P·•· I • • - • • • • • / r . r I. CITY OF BNGLBWOOD PLANNING AND ZONING COMMISSION AUGUST 4, 1987 CALL TO ORDER. ' The reqular meeting of the City Planning and Zoning 'Commission was called to order by Chairman Carson at 7:00 p.m. Members present: Members absent: Also present: Russell, Allen, Carson, Hanson and Barbre. Romans, Ex-officio. Magnuson, Mulhern and Maunakea. Senior Planner susan Hirsch The Chairaan declared a quorum was present. II. APPROVAL OF MINUTES. July 21, 1987. Chairaan Carson stated that the Minutes of July 21, 1987 were to b considered for approval. Allen aoved: Barbre seconded: The Minutes of July 21, 1987 be approved as written . AYES: NAYS: ABSENT: Barbre, Hanson, Russell, Allen, and Carson. None. Magnuson, Mulhern, Maunakea . The action carried. III. FINDINGS OF FACT. CASE 114-87. Chairaan carson stated that the Findings of Fact for Case 114-87, vacation of a portion of right-of-way in the 3400 block of south Aco Street and he 100 block of We st Ha pden Avenue, was to be con ider~ for pproval. Th in inq• o c in c • prov d a ri n. U-17 b H n on, ll, All n, nd c raon. lh n, un k p- I • • • ,. • IV. SUBDIVISION WAIVER. Birkhard Half Acre Subdivision CASE flJ-87. The Chairman asked that the applicant or a representative come forward for an explanation of the request. David Johnson Costin Enqineerinq 2775 West Haapden Avenue caae forward to explain the request. He stated that the site is on the northeast corner of Emerson and Bates. The two parcels contain .9 acres, and will be divided into two lots of .45 acres each. His coapany and the owner subaitted the request !or the Subdivision Waiver, aet the requir .. ents, and the Planninq Division reco .. ended approval of the Subdivision Waiver. Mr. Barbre asked if the existinq fence is encroachinq on Lot 2. Mr. Johnson said it is. There were no further questions. Allen aoved: Russell seconded: The Subdivision Waiver for Case flJ-87 be approved. AYES: NAYS: ABS!HT: Barbre, Hanson, Russell, Allen, and Carson. None. Maqnuson, Mulhern, Maunakea. The aotion carried. IV. PUBLIC FORUM. No one asked to s~ak. v. DIR!CTOR 1 S CHOICE. Mrs. Roaans noted that the sales tax tor the second aonth in a row w s no below the aaoun th h d been proj c ed. VI. I . - , , • • • Mr. Barbre aaid it appeared that the car dealer next to the old Hub Cap Heaven waa expandinq onto that lot. It waa noted that Ralph Schoap haa alao aoved care onto a location in the 4700 block of South Broadway. Mra. Roaana aaid theae location• would be checked. Mr. Allen aaid the Mayor had atated that the redevelopaent of the downtown area ia proqreaainq with two aajor developaenta underway. The aeetinq adjourned at 7:16 p.a. ShttrY Jfouaaea, Recordlnq Secretary I • • • • • ENGLEWOOD URBAN RENEWAL AUTHORITY AUGUST 5, 1987 I . CALL TO ORDER. The regular meeting of the Englewood Urban Renewal Authority was called to order by Chairman Voth at 5:40 P.M . Members present: Minnick, Totton, VanDyke, Voth, Cole Hanson, Alternate Member Hinson, Acting Executive Director/Executive Secretary Members absent: Keena , Mcintyre Daugherty, Alternate Member Also present: Harold Stitt, Assistant to the Di rector Penny Dietrich, Executive Director of EDDA City Manager Mc Cown Judy McBride, Hanifen -lmhoff 11. Ch airman Voth stated that the Minutes of July 1, 1987 were to be considered f or approval . Mi nn i ck MOved: Cole seconded: A ES : YS : ABS ENT : ABST AIN : The Minutes of July 1, 1987 be approv d as wr itten . Minnie , Totton , VanDyke, Voth , Cole None Keena, Intyre Non T 1110 on c arr d . • 1 • I • • .. • limited range on the type of investment for the EURA funds because of the need for immediate access to the funds . Certificates of Deposit are for short -term investments, and have been utilized by the EURA and Managed Financial Ser - vices. Mr . Byzkowski was of the opinion that a formal investment strategy should be developed for the EURA funds. Mr . McCown asked if a comparison had been made between the interest earned on the EURA funds under the present investment procedures vs. alternative invest - ments . Mr. Hinson stated that he has not made any comparison recently. IV. Mr . Hinson stated that several years ago, Mountain States Telephone and Tele - graph Company was asked by the City of Englewood to relocate a number of tele - phone lines which were under the West Hampden Bridge over Little Dry Creek to facilitate the flood control improv~nts being done to the Creek. The bridge was scheduled for demolition, and Mountain StAtes wa s Asked to relocate the lines under the Creek bed. MountAin States Is stAting thAt the relocation of the lines was for aesthetic purposes, and not a "need" for flood control . Hr. Hinson stated that Hr. Benedetti is present to discuss this matter more fully wi th the Authority . ' . I . , c ( • • • Mr . Benedetti stated that he cannot recommend settlement of this case at this point in time. He stated that it appears Mountain States is widening the dis - pute by now refusing to relocate the lines in the vacated alley, and that this matter will require litigation and appellate review. Mr. Benedetti stated he is aware of a number of court cases involving Telephone and Telegraph compa- nies throughout the United States. Mr . Benedetti stated that he must appear in District Court on August 6 with some direction from the Authority to either offer a settle.ent, or 1 refusal to settle. Mr. McCown asked if the matter were to be settled, or an offer made to settle, does this give the connotation that the City of Englewood and EURA agrees with the arguments put forth by Mountain States. Mr. Benedetti stated that it does not. Mr . Totton asked if the EURA refuses to make an offer to settle, will it im - pair our standing before the Court. Mr. Benedetti stated it would not. Mr . Benedetti stated that it has already been pointed out that the issue has been widened fro. the original complaint because Mountain States is now refusing to relocate a line from a vacated alley. Mr. Totton pointed out that these lines were knocked down during construction, and that Mountain States replaced these lines . He estimated that this was done during the last month. Discussion ensued . Mr s. Cole as ed for an estimate on the cost of this court case to this point i n time, and an estima t e of projected co,ts. Mr. Benedetti stated that the depositions and discovery work has been completed, as well as some of the in - court ti .. ; he estimated that the case has cost $25,000 to $30,000 to date, and estimated it could cost another $10,000 . Mr . Totton asked if the Authority did authorize settlement for SIO,OOO, would h Ci ty offer a like amount to settle . Mr . McCown stated that City Council would have to authorize s uch a settlement, and this matter has not been brou ght to his attent i on or to the attention of the City Council by City lega l Couns l DeWitt . Mr . Totton s tated that he did not see how the EURA could of · er to settle because ther is no agre nt between the City and the EURA on h s ettl nt. Mr . Benedetti stated that an offer by the EURA would not hav e to be contingent on an offer fr011 the City • . S eve Bell, E. F. Hutt on l Co., enter~ th .. ttng . t • • - T • • - $10,000 for settlement; if this good faith offer is re- jected, Hr. Benedetti is hereby directed to pursue the litigation of this matter through the Courts. AYES: Minnick, Totton, VanDyke, Voth, Cole NAYS : None ABSENT: Keena, Mcintyre ABSTAIN: None The motion carried. V. I NVESTME NT REPORT. Hr. Hinson asked if there were any questions on the Invest~nt Report from Managed Financial Services. Hr. Minnick asked how long It takes for the Bank state.ents to be reconciled by the Chief Accountant and returned to the EURA staff. Mr . Hinson stated that this reconciliation Is done once a MOnth. VI. EXPENDITURE RE~T. Mr . Hinson asked if there r any questions on the Expenditure Report . No questions were posed by me~ers of the Authority . VII. Hr . Hinson stated that there are signature cards required for all accounts that the EURA opens. All these signature cards .. ke reference to a "Corporate Resolution• by the Author ity for the purpose of designating the financial In - stitution as th depository of the funds; acknowledge that deposit transac - fons shall b govern d by the conditions, rules, regulations, custo.s and prac t fc s of th particular Institution receiving the deposit; authorize th Insti tut ion to accept any and all bills and notes payable to the EURA for the cr dlt o th e Author i ty ; author ize the Executive Dfr ctor to establish ac - coun s wi th and withdraw funds r the Institution; and author i ze the In - stitution to acc pt and bills nd not s payable of th Author i ty upon prop r ndors n Hr . Hln on st ated that h ha s prepared Re solution JS, wh ich uld ser as such a "Corpora t R olutlon•, and uld be a blan et r solu - t on to cov r 11 uch trens c I n rather than hav ing t o c to th Author • ty v ry tf a C.O . h op n Tot on, Va Oy , V t , Col I ly • c • 0 I • • • VIII. JORGENSEN, HENDRICKSON, CLOSE Change Order Mr . Hinson stated that the staff has updAted the cost estim1tes for Inspec - tions on the channel Improvements for little Dry Creek being done by RBI. The contractor is not spending funds 1s r1pidly 1s h1s been intlcipited, bec1use their work Is progressing so slowly; however, expenditures for Inspection ser - vices have incre1sed considerably. A change order Asking for 1n 1ncre1se by $9,000 in inspection service fees for Jorgensen, Hendrickson and Close was approved in May, 1987, which was anticipated at that time to be sufficient funding to the end of the construction. However, problems with construction under the U. S. 285 bridge arose, which necessitated many hours of Inspections and the revised inspection services budget w1s depleted. Stiff now reco-.ends that the inspection services budget for Jorgensen, Hendrickson 1nd Close be increased by lnother S8,000 . Mr. Hinson eMphlsized thlt the increlses Ire not the fault of the inspection personnel . As a point of tnfona~tton, Mr. Hinson st1ted th1t st1ff 1lso 1ntictp1tes th1t the budget for inspection services with Mcl1ughltn W1ter Engineers will In - crease, possibly IS .uch IS S28,000 . Ag1tn, this is not 1 f1ult of Mcl1ughlin Water Engineers, but r1ther due to the probl .. s with the construction of the channel i~rovements by RBI . Mr. Hinson pointed out that the EURA Is holding 1 lOl ret11n1ge fro. 111 RBI statements, and 1fter the project Is co.plete or ne1rly co.plete, there •1y be a possibili ty of recouping some of these tncreiStd Inspection costs fro. thts retatn1ge. Mr. To tton st1ted that he feels the MOney spent for the Inspection fees Is oney well spent. Totton moved: VanOy e seconded : The Urb1n Ren 11 Author ity approve the Change Ord r re - quested by Jo~ensen, Hendrickson l Close, and that th tr budget for Inspection fees bt !ncr ased by SB ,OOO. AYES : YanOy , Yoth, Cole, Mlnn c AYS : ABSE T: Intyre A STAJ : T tlon carrf Jl . an • -• • • Minnick moved: Totton sec onded : The Urban Renewal Authority award the contract for removal of rubble from little Dry Creek channel to Concrete Works of Colorado, the contract a.aunt not to exceed $12,660.00. AYES: VanDyke, Voth, Cole, Minnick, Totton NAYS : None ABSENT: Keena, Mcintyre ABSTAIN: None The motion carried. X. CONSTRUCTION REPORT Flatiron Structures RBI Hr. Hinson reviewed the construction reports . Flatiron Structures has COM - pleted the box culvert extension and the excavation of the te.porary channel between the concrete box culvert and the precast concrete boxes below Broad - way, and the total construction cost is approxi .. tely 51 below the bid a.aunt . Work on the channel iMproveMents being done by RBI was reviewed . Hr . Hinson stated that staff has received a request fro. RBI that the 101 retainage wh ich is being held be reduced to 51, and that they be allowed to substitute col - lateral for the actual funds that are being held . The staff will not consider substitution of collateral for the actual funds being held by the Authority . Mr . Hinson stated that staff has ••de every effort to accelerate the progress of RBI on this project. letters have been written stating that we are con - cerned with the progress being •ade, and with the quality of work that has been done . All concerns are being docu .. nted for the files. Hr . Hinson asked the Authority's opinion on the requested reduction of retalnag . Hr. Voth spoke against reduction In the retalnage percentag . Ms . VanDyke ci ted the dlsappoint .. nt and displeasure of the staff and Authority on the progress and quality of work that has ben done by RBI, and also spoke agaln s r ducing the retalnage . Hr . Totton po i nted out that th quicker RBI gets th job done, to th satisfaction of the staff and Authority, th quicker thy will ge the funds du th , and agre.d that th r ta ln g should not r duced . To ton , T I. ,. t It , • • • Minnick moved: VanDyke seconded: The Urban Renewal Authority go into Executive Session. AYES: Cole, Minnick, Totton, VanDyke, Voth NAYS: None ABSENT: Keena, Mcintyre ABSTAIN: None The motion carried. Minnick moved: * • * • • * • * • • VanDyke seconded: The Urban Renewal Authority come out of Executive Session . AYES: Minnick, Totton, VanDyke , Voth, Cole NAYS: None ABSENT: Keena, Mcintyre ABSTAIN: None The MOtion carried. Hr . Hinson stated that a report fro. John Pflau. and Bill Taggart of Mclaugh - lin Water Engineers has been included for the Authority 's infonaation. XII. ST Hr . Hinson stated that Yvonne Kontny has filed a final relocation request In th MOunt of S3SO .OO which is for truck rental, labor and packing. Ms. Kont - ny has previously been awarded 51,207 .87. Alounts Ms . Kontny owed the Au · thorlty In r nt and utility b lls have been deducted fro. the a.aunt she was paid . Staff r c nds pa~nt of he S3SO to Ms. Kontny. To ton .aved: Hlnn c s condtd: The Urban A n al Authority approve pa~nt of S3SO .OO to Yvonn ontny for truck rental, labor and packing . This will lh al r location pa nt due Ms . ontny . Totton, Va 0 , o h, Cole lilt. I . • • • RENEWAL AUTHORITY RATIFYING AN EX :HANGE OF LAND BETWEEN ITSELF AND THE FIRST INTERSTATE BANK OF ENGLEWOOD TO IMPLE -MENT THE DOWNTOWN REDEVELOPMENT PLAN. AYES: Minnic k, Totton, Van Dyke, Vot h, Cole NAYS: Non e ABSE NT: Keena, Mc intyre ABST AIN : None The motio n carri ed . XIV. ENGLEWOOD EXCHANGE . Mr. Hinson stated that staff is trying t o work wit h the Buyer's Club/Ho.e Club personnel to allow the placement of a sign i n the merlian at Inca Way directing motorists to the Buyer 's Club/Home Club develo~nt. The Highway Depart.ent has restrictions against placement of signs in media1s in State High ways or i n close proximity to State Highways . Discussion ensued. Mr . Minn i ck suggested plac i ng the s ign on the Broadway overpass . Mr . Mc Cown pointed out that this would be still be on a State Highway, and would not be ac ceptable to the Highway Department . XV. TAX I NClDIOO FI IWICJ . UPDATE. Ms . McBride of Han i fen -I.noff and Steve Bell of E. F. Hutton discussed th recent refusal of the State Supre.e Court to hear th appeal of the ca se In Winter Park, and the rufficat i on s this refusal coulc ' have on Tax In cr nt Fi nancing throughout the State of Colorado . Discuss on ensued . XVI. !!i»l:::.:LE~Y ~=E ~TE. I • • • .. AND A PARTIAL REDUCTION OF AN OUTaTANDING $2,200,000 LOAN WITH FIRST NATIONAL BANK OF ENGLEWOOD. AYES: Totton, VanDyke, Voth, Cole, Minnick NAYS: None ABSENT: Keena, Mcintyre ABSTAIN: None The motion carried. XVIII. LINCOR LEASING REPORT. Members of the Authority expressed pleasure and appr£ciation for the leasing report prepared by Ms . Mary Anne Shube of lincor Pro1ertles. Mr. Hinson stated that he would pass onto Ms . Shube the c~nt~ of the Authority. Mr. Hinson stated that Ms . Shube has Indicated she h•s several other leads she is pursuing for •ajor tenants. Ms . Cole asked about the Sports Club; is this possib lity totally dead . Mr . Hinson stated that he understood the Sports Club did not want to c~it as quickly as Tra.mell Crow required . He also stated that he understood lincor has tried to contact the representatives of the Sports Club. XIX. DARTIOARD 1£ £ST. Mr. Hinson stated that Mr . Jerry Feather of the Darttoarc has requested per - missi on to us the Urban Renewal Authority property for ' volley b1ll court . How ver, he has no liability insurance to cover his use of the land . Discus - sion ensued. It wa s th co ns nsus of the Authority that the r quest fro. Mr . Feather be denied . Mr. Hi n on point d out that Tra 11 Crow and the contractor for li tle Dry Cr k IMprov nls will be using this area along South Aco.a Street as a stag- ing area during the p riod of construction in Phase Ill . XX. WAT£1 SfW£1 TA,S. • • • • • .. Agreement for Disposition and Redevelopment, and det~rmined that the Plans are s ubstantially in compliance with these requirements, with the exception of a drainage plan which was not submitted. Additionally, staff has noted several items for discussion with the Authority . Mr. Minnick expressed concern with the entrance to Building E, which appears to be immediately off the South Cherokee Street/West Girard Avenue/Englewood Parkway intersection right-of-way. Mr . Hinson and Mr. Voth pointed out that the entrance as indicated on the elevations faces south ·:oward the parking lot and not west . The area Mr . Minnick refers to is apparen ·.ly for loading or trash collection . Building E is not as yet leased, ~nd the configuration of the struct ure and location of the entrance could vary from that depicted on these Preliminary Plans . Mr . Hinson further discussed the intersection of Gir ,,rd/Cherokee/Englewood Parkway, and noted that the projected buildings have been relocated to leave this intersection open for traffic flow as was reque .ted by the Authority. Mr. Hinson stated that the staff requested Mr. Robert Felsburg, Traffic Con - sultant, to study this intersection . His initial re tction was that the sec - ondary point of access should be at South Bannock St o·eet and Englewood Park - way . However, after projecting traffic flows to the year 2000, it was deter - mined that the Girard/Cherokee/Englewood Parkway intersection should be the secondary point of access. Based upon these projections, there will apparent - ly be sufficient traffic using th is intersection that it will warrant sig- nalization no ~atter what occurs at the Englewood Parkwa}/South Bannock Street Intersection. Mr . McCown asked about the treatment on the rear of the buildings wh ich will be fa cing onto th Parkway . Mr . Hin son referred to specific pages of th Pre - li•lnary Plans . H also noted that in Arvada Marketplace , th developer ha s in sh d he r ar of buildings with landscaping and oispl ay w ndow s, but not allo d actual cc ss t o th stor throu h the r ar . r · . I ) I -• • .. - Parkway and West Hampden Place. She suggested that if the development exceeds the minimum parking requirements, perhaps spaces could be removed and interior landscaping could be installed. Mr. Minnick stated that he felt there should be more provision of handicapped parking spaces throughout the development. Mr. Hinson pointed out that the pri•ary entrance is only 30 feet wide; the staff is of the opinion this access way should be widened to allow for one lane to ingress the site, and two lanes of egress from the site. The Authority discussed the point of loading access on the northeast corner of the site, approximately South Acoma Street and Englewood Parkway . It appears that a truck that needs to unload at this proposed outlet will have to back into the loading area from the Parkway. Mr. Totton asked if this would create problems with the bus stop at South Acoma Street. Mr. Minnick stated that he felt it would be difficult •aneuvering a hrge Setlli Into this loading area. Mrs. Hanson suggested that the landscaping in this area ~hould be increased. She stated that she feels there is a need to beef up the number of coniferous trees used throughout the development, and to extend heavier landscaping along South Acoma Street. Mr. McCown suggested the possibility of s .. ll planters in the center of the parking area to provide sa.e interior greenery. Mrs. Hanson asked what is planned along the east sidr. of South Acoma Street in the 3400 block south . Mr . Hinson stated that the Au •horlty could go out for bids on the development of that block at any ti~ if they so choose. Mrs. Daugherty suggest d that there should be provision for pedestrian acces s from the Tra..ell Crow develo~nt to the east side of South Aco.a Street and thence to the rear of th Broadway stores in the 3400 block. She stated that th .. rchants along Broadway hope that this area along S~uth Aco.a will be retained as a parking lot. They have been using it for this purpose wtltle it has been vacant. Mr. Hinson qu stioned that pedestr i an traffic should be en · couragtd through the loading area along South Aco.a Street on the st side. Hrs . Hanson suggested that lr 11 Cr should be r quest d to reconsid r th e ir treat .. nt of trash coll ction points . She stated that it is f~erativ t at th r ar of th se bu ld t n facing abutting str ts be •ade very a raclfve . • II I . • • • Mr . Totton suggest~d that perhaps Trammell Crow co uld be en couraged to put a corridor or drive through between Buildings Band C to prov ide a point of ac - cess to and from the ea ~t. Mr. Minnick pointed out that the Fire Code may dictate a seconrlary poi11t of access to the buildings. Signage was discussed. Mr. Hinson stated that Trammell Crow has indicated on the Preliminary Plans that all signs will confor~~ with the Sign Code. Mr . Hinson suggested that t1e Authority will once again be confronted with the need for a median sign to direct motorists to the Trl -.ell Crow and Lincor developments. Drainage was discussed. One of the Main concerns is the path of flow for the 500 year flood waters. The Little Dry Creek is bein g designed to accom.odate the waters from a 100 year flood, but a 500 year flood can and does occur . The original flow path had been down to South Cherokee Street . This issue will need to be addressed on the drainage plan. Mrs . Hanson questioned the location of Building E, and asked If the position - ing of this building could be to the detriment of the lincor development. Discussion ensued. Mr . Stitt indicated through photographs that the line of sight to Lincor would be primarily at the Girard/Cherokee/Parkway/Marketpla ce intersection, and that Building E would create MiniMal blockage . Mr. Minnick stated that he thinks there will be a prool .. with trash at the South Aco.a Street/Englewood Parkway corner. Mr . Hinson noted that the ~creeni ng wall s on the loading areas are approxi - mately seven feet high. He asked the Authority for tneir opinion on requir - ing a higher wall to COMpletely hide the veh icles loading and /or unloading. Ms . VanDyke stated in Arvada, she recalled that the develo~nt .akes use of benas and trees to hide loading areas . Mr . Totton st1ted that he had no prob - lem with the seven foot height, and that a higher wall Might iMPair the total appearance of the develop.ent . Mr. Hinson displayed the planting plan for the lakes area wh ich was sublttt d by EDAW . Mrs . Hanson asked who .alntalned the landsc ping. Mr . Hinson stated that If the land sc aping 1s on private property, It 1s Maintained by the prop · erty owner; If It Is on public rlght -of ·Wiy, the City would be responsible for alnt n1nce . d about lighting forth develo~nt . Will thy u e llgh rabl Ins yle and color to what Is al •ng 'h Ptr ay and outh H ns n st1 that he · uld loo fnto his . c lo with lr 11 c d d • 12 • • I . -• • • There being no further business to come before the Authority, the Meeting id -journed it 8:15p.m. • 1 I -• • • ENGLEWOOD LIQUOR LICENSING AUTHORITY AUGUST 5, 1987 The meeting was called to order at 7:34 p.M. by Chain~an Styes. Present : Mclaughlin, Lunders, Styes Absent : Waddell, Board•an The Chairman declared a quoru• present . • • • • • Mrs . Acosta, representing Thorobred Liquors, stated they are proposing to add a walk -in cooler, approxi•ately ten feet by seventeen feet . Preli•inary plans have been subMitted to the Building and Safety Division . LUNDERS MOVED, SECONDED BY MCLAUGHLIN TO APPROVE THE ~IFICATION OF PREMISES AT THOROBRED LIQUORS, 5050 SOUTH FEDERAL BOULEVARD, SUBJECT TO THE CONDITIONS IMPOSED BY THE CITY OF ENGLEWOOD BUILDING AND SAFETY DIVISION . The vote resul ted as follows: Ayes: Mclaughlin, lunders, Styes Nays : None Absent : Waddell , BoardMan The Chairman declared the .otlon carried. • • • • • Jon Stonbraker, of Dill, Dill & McAllister (Supr C)urt No . 9517), appeared on behalf of Metro Oil Co.pany dba Vickers 12353 . LU DERS MOVED, SECONDED BY MCLAUGH lN TO SET THE PUBLIC HEARING FOR TRO OIL C PANY DBA VI CKERS 2353 , 4596 SOUTH BROADWAY , FOR SEPTEMBER 16, 1917 AT 8 :00 P.M. AND TO SET THE BOUNDARIES AS OXFORD AVENU ON TH NORTH, BELLEVIEW AVE E 0 TH SOUTH, CLARKSON STRE T ON TH EAST, AND HURON STREET ON THE ST . ~es : Mclaughlin , lunders , Sty s Nays : None Absent : Wadd 11, Boa n T Chafnaan d clar d th .at fon carr ed . • • • • • .. . . . . I . • • • .. MCLAUGHLIN MOVED, SECONDED BY LUNOERS TO APPROVE THE CHANGE OF CORPORATE STRUC TURE FOR CIRCLE K CONVENIENCE STORES, INC., 2901 SOUTH BROADWAY . Ayes: Mclaughlin, Lunders, Styes Nays: None Absent: Waddell, Boardman The Chairman declared the motion carried. * * * * * Mr . Lunders questioned why the fees were waived for the Change of Corporate Structure for Round the Corner Restaurants. Ms. Crow explained that the fee had been waived with the approval of the Director of Finance as there was basically no paper work or background investigation required for the deletion of an officer of the corporation. The Authority requested that Mr. Grimm inves tigate whether the fees can be waived, for future reference. LU NDER$ MOVED, SECONDED BY MCLAUGHLIN TO APPROVE THE CHANGE OF CORPORATE STRUC TURE FOR ROUND THE CORNER RESTAURANTS, INC ., 701 WEST HAMPDEN AVENUE. Ayes: Mclaughlin, Lunders, Styes Nays: None Absent : Waddell , Board.an The Chair.an declared the MOtion carried. * * * * * LAUGHLIN MOVED, SECONDED BY LUNDERS TO ACCEPT THE FOLLOWING KANAGER 'S REGIST RATIONS : T vot T Ch Cli fford Joseph Darcy B.P.O.E 2122 3690 South J ason Engle.ood. Colorado Jo an Francis Newton Englenook Re staurant l Lounge 3484 South Broadway Engl~od, Colorado Christoph r C rard Pfau Round the Corn r R stauran , In • 701 W st Ha.pd n Av nu £ngl od, Color do l nda "· Hall Coastal Brand d "•r tlng d a P er 2715 South Santa Ortv Engl od, Color do • • • • • I . • • • LU DERS MOVED, SECONDED BY MCLAUGHLIN TO APPROVE EXTENDED HOURS FOR HELEN GARC IA DBA MAGNET INN, 2893 SOUTH BROADWAY. Ayes : Mclaughlin, Lunders , Styes Nays: None Absent : Waddell, Boardman The Cha irm an declared the motion carried. * * * * * Septem ber liquor license renewals were considered . Assistant City Attorney Grimm discussed the officer-initiated activities report for Circle K 13883 . The Authority determined this would not present a problem on the renewtl. LUNDE RS MOVED, SECONDED BY MCLAUGHLIN TO APPROVE THE FOLLOWING RENEWALS: Thtnh Restaurant Beer l Wine License 5050 South Federall15 Expires Septe.ber 3 , 1987 Circle K 13883 3 .~ (off-pre.fse) 2901 South Broadway Expires Septe.ber 8, 1987 The Liquor B1rn Retail Liquor Store 4415 South Brotdway Expires SepteMber 9, 1987 The vote resulted as Ayes : follows : Mclaughlin, Lunders, None Styes Nays: Absent: The Chalnaan declared Wadd ell, Boar~n the .ation carried . • • • • • The Author ty discussed a letter fro. the State Liquor Enforc ... nt Division r gardlng ell•tnatlon of the investigative enforc nt progr ... Mr . Grf .. c nttd that .. Y want to contact repres ntatlves of the pollee depart .. nt and Cod £nforc nt division for their assistance In In ve stigating and T nforcing th liquor laws. Mr . Grt .. stated that a list wa s being co.pfled of h It ch r pr vtously Investigated b the State, which will now be h r spon lbllity of the local Au horities . 11 l) l) l n 4) l ltc 1 '· • • • • nt Dlvi on r nt Olv slon r nt 0 vision rt ardlng h Ntlng t rd ng ra n r, I • • • • * * * * * The Authority was notified of the application for a Retail Liquor Store Licens e by VN, Inc. dba 3912 Liquor . City Clerk Crow stated that the background investigation by the Police Department had not been completed. * * * • * MCLAUGHLIN MOVED, SECONDED BY LUNDERS TO CLOSE THE REGULAR MEETING . The vote resu lted as follows: Ayes: Mclaughlin, Lunders, Styes Nays: None Absent: Waddell, Boardman The ChairMan declared the .ation carried . * * * * • LU NDERS MOVED, SECONDED BY MCLAUGHLIN TO OPEN THE PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A HOTEL/RESTAURANT LIQUOR LICENSE FOR RR RESTAURANTS 2 DBA ROCKY ROCOCO PAN STYLE PIZZA, 990 WEST HAMPDEN AVENUE . Ayes: Mclaughlin , Lu nder s, Styes Nays: None Absent: Waddell, Boa~an The Ch atnaan declared the .atton carried and the Public Hearing open . Roll Call: Present : Mclaugh lin, Lunders , Styes Absent : Widdel l, Bo1rdain The Ch1i~1n decl1red a quoru. present. Th applfc1nt w1s repre sented by Robert Ke1vney of M1d tson Pizz• Corpor1tfon . Max Scott was present 1s 1 represent1tfve of Oedipus Inc . Both witne sses were duly sworn by th City Clerk. The following exhibits were entered i nto th record : I . City Exhibit A -Appli cltion 1nd 111 supPOr fng doc nts 2 . City Exhibit B -Publ i h r 's 1fffd1vtt l . Ctty Exhibit c -M1p out lt n th d sf "' bound r l es, propo s d s i e , and xt t fn si •ll r l or I . •• • • though they are applying for a Hotel/Restaurant Liquor license Rocky Rococo's will only serve beer and wine. Mr. Keavney explained that they sell pizza by the pie or slices, as well as provide a drive-up window. No alcoholic beverages will be served at the drive-up window. He stressed the restaurant was family-oriented as opposed to being a bar business, further that liquor is not a big portion of the menu or revenues, although an i~ortant one. He stated they are especially sensitive to identification of those ordering liquor; anyone who appears under twenty-five is carded. Those serving liquor must be twenty-one and go through an extensive in-house training. They have no table service, customers must co.e to the counter for liquor. Liquor drinks will be served in separate containers so as not to confuse it with soft drinks. He stated any eMployee who violates any of the liquor codes will be terminated. Hours of service will be 11:00 a.•. to 11:00 P·•· weekdays, Fridays and Saturdays 11:00 a.•. until 12:00 •idnight. He reiterated that this would be their sixth license in the State and thus far no violations have occurred. The ChaiMaan asked if anyone was present in opposition to the license. No one came forward. LU NDERS MOVED, SECONDED BY MCLAUGHLIN, TO APPROVE THE APPLICATION FOR A HOTEL/RESTAURANT LIQUOR LICENSE TO RR RESTAURANTS 2 DBA ROCKY ROCOCO PAN STYLE PIZZA, 990 WEST HAMPDEN AVENUE, SUBJECT TO THE CONDITIONS IMPOSED BY THE BUILDING DIVISION, ZONING DIVISION AND OTHER AGENCIES INVOLVED WITHIN THE CITY OF ENGLEWOOD. The vote resulted as follows : ~es: Mclaughlin , Lunders, Styes Nays: None Absent: Waddell, BoarO..n The ChaiMaan declared the .ation carried. City Clerk Crow confir.ed that the approved license would not be forwarded to the State until the Certificate of Occupancy ts Issued. Chair.a n Styes infonled Mr . Keavney that it would be to his advantage to set up a .aster file with the State. MCLAUGHLIN MOVED, SECONDED BY LUNOERS, TO ClOSE THE PUBLIC HEARING . The vot e resulted as follows : ~es : Mclaughl in, lunders, Styes Nays : None Ab sent: Wadd ell, Boa~n The Chair.an declared the .ation carried. Approved by tel phon poll of Authority r s on August 19, 1987 . I . - • • ORDINAOCE NO. !i2 SERI.CS OF 1987 • • • BY .Al.11H:IUTY a::uciL BILL NO. 44 nmuxJCID BY C:OOOCIL ~~ AN CIWINAOCE AMamit«:i TITLE 6 , ~ 1, ENiLEXXD ~ICIPAL COOE 1985 , BY ADDit«:i A NaJ sa:TIOO 10 RELATit«:i 'ro UNLAWruL DISTRIBJI'ICN OF CIGARETI'ES AND 'roi\ACCO PRaX£TS . WHERFAS, the State of Colorado has recently passed a new section to the Colora&> Revised Statutes 18-13-121 relating to the W1lawful sale of or furnishing to anyone under the aqe of 18 years any cigarettes or tobacco prcxilcts ; and WHERFAS, the City Council deems it advi sable to amend the Dlglelo«XXl Municipal Code to proscribe the sale of or furnishing of cigarettes or tobacco products to anyone under the age of 18 years aa a nunicipal violation ; NC)1i, 'n!EREFOOE, BE IT ~ BY 'niE CITY a::uciL CF niE CITY OF J'NGUHXD, ~. THAT: Section 1. Title 6 , Chapter 1, &lgle«xld fool.lnicipal Code 1985, 1.s hereby ~ a new Section 10 to read aa follows: 6-1-10: ruRNISUit«:i ~ PIOXX:TS 'ro ~; SALE OF nEACCO PIOXX:TS IN VfH>JK; ~ llany -1 - I • • • • height of three inches and a width of six inches, and shall read as follows: IT IS IU.EXiAL Fa{ 1Ni ~ tH>m EI~ YEARS CF' NZ. ro PUIOfASE CI~ ~ 'KIWXX> PRDrrs AND, ~ caNICTICN, SHALL BE ~ISHID AS PR:NIIlm IN SI!Cl'ICN 1-4-1 B mG.ENXD KIUCIPAL CXIlE 1985 Any violation of the provisiau~ of this paragraph 0 shall not oonstitute a viol~tion of any other provisions of this section. IntroclJced, read in full, and puaed on first reading on the 17th day of August, 1987. Published as a Bill for an Ordinance on the 19th day of August, 1987. Read by title and passed on fln 1 reading on the 8th day of SeptEittler, 1987. Published by t1tle of Beptentler, 1987. Atteet: Ordinance • _, series of 1987, on the 9th day Ljinii t. otle , Ri)lOi Patricia H. crQI, City Clerk I, Patricia H. hereby lfy on final 0 1987. R. z:r:ow I . - ., • • CH>nwo: oo. 'II ~ <F 1987-- • • • <D.H:n. BIU.. 00. 46 nmoxx:EO BY <D.H:n. MfJEER Bll.D Ml CH>DWCE NHI)IM; THE ~ KIUCIPAL <DE 1985 BY REPEALI1«i Am REDPCI'Il«i TITLE 10 "nt1!mXF PfRl'AINil«i ro SUII)IVISI~ RIGJIATI~ <F THE CITl( CF aG.I!KXD. ~. the current SUbdivision Code was acklpted in 1967; and ~. cllring the 20 years since its adoption, there have been technical changes , procecllral changes and changes in wording that need to be reflected in the SUbdivision Code; and ~, to keep pace with the8e changes, it is necessary to repeal the Slbtivision Aequlations a&pted in 1967 and reenact new SUbdivision Aegulatione; r«:JW, ~. BE IT~ BY THE CITl( <D.H:n. <F THE CITl( <F EM:i'BCXI>, CXI.CRADO, 11M: Section 1. Title 10 of Dlgleloxl lt.lnicipal Code 1985 is henlby npeal.ed ~a..., fltie 10 of lh;JltMXId M.»Ucipal QJda 1985 is twreby ~to rMd .. folta.: I . SECTION: 10-1-1: 10-1-2: 10-1-J: 10-1-4: 10-1-1: • • • CIIAPI'BR 1 G ... RAL 8UBDIVI8IO. RIGOLA~I0•8 Title and Purpoaa Prohibited Acta Definition• Penaltiaa ~~~L8 UID ftal088. A. The proviaiona of thia Title ahall be known and rafarrad to aa the •subdiviaion Requlationa of the City of Englewood.• B. The purpoaa of thia Title, and of the requir ... nta contained herein, ia to provide for the proper arranqeaenta of pro- poaed atraeta, allaya and other public vaya in relation to the preaantly axiatin; or planned atr .. ta, allaya or other public vaya and in relation to the City'• Coaprebenaiva Planr to aaaura adequate, convenient and accaaaibla apacaa and araaa for vehicular and pedeatrian travel, utilitiaa, firafi9htin; and police aquipaant, recreation, li9ht and airr to reduce noiaa and air pollutionr to avoid conqaation of r.pulationr to avoid the crovdinq and conqeatad buildin; of aprov ... ntar to raatrict uaa of flood plain araaa ao aa to avoid po antial flood daaa9a1 to allow the orderly plan .. ning and d valopaent of ar • within th City vith a apecial viav tov rd d qu ta • ora dr in 9•· efficient traffic tlov and proviaion of n caaa ry MUnicipal aarvicear to parai th tranafer and conveyance ot realty v ithin the City vith aor•. facility and ••••• and to aatabliah atandarda and procedure• for the attainaan ot th ae purpoaea nd for the anforc an of thia T la. 10-1·2• A. 18IftD acftlt - l - 11 be unl vful for any r· • fir• n a aub- r ordad, in accord nc I • - • • ' B. c. • • • It •hall be unlawful for any pareon to executa, deliver or record any dead, lease or other inetruaant of whateoaver nature, which would have the effect of caueing a divieion in any realty unl••• and until a plat therefor hae been pre- pared, approved and filed in accordance with the provieione of thie Title. In the abeanca of coaplianca with eaid pro- vieione, any euch inetruaant ehall be null, void and of no legal affect whateoaver. No building parait, certificate of occupancy or other parait or certificate ehall be ieeuad approving or authorizing the con•truction, raaodaling, repairing or occupancy of any i•- proveaant, building or other •tructura upon any realty, which .would have the effect of cau•ing a divieion of realty unl••• there ha• bean a coapliance with all of the require-aent• of thi• Title. 10-1-3: D•I'IIII'I'IODI For the purpo•• of this Title word• and phra•e• u•ed herein are defined a• follow•: ALLEY BICYCLE LANE BICYCLE PATH COIOCI88ION A pae•aga way open to public travel which afford• a ••condary aean• of vehicular ace••• to lot• abutting upon it. A portion of a •treat right-of-way de•iqnated for the u•• of bicycle traffic. A paved or otherwi•• •urfaced off-•tr .. t lane de•iqnated for bicycle traffic. An area of land within a •ubdivi•ion which i• entirely bounded by •tr .. t•, except alley• or the exterior boundary or boundariee of the eubdivi•ion. The city Planning and Zoning Coaabaion of EngleWOOd. COKPREHENSIVE PLAN The City Co prahen•ive Plan developed by the Planning and Zoning Coaai••ion and adopted by the Council for the phy•ical devalopaent of the City, ich nclud • ny unit or pa of euch pl n • ra ely actop ecS and any nd- ..n o eucb pl n or part• the ot. CUL-D -SAC DI DIVID 0 DIVIIIO A abort • ra t ving one end open o r ftic and being tanlnatec:t a the other and by a vehicular urn round. y val l ) I • • ' • • • EASEMENT A grant of one or aora of the property right• by the property owner to and/or for the uaa of the public, a corporation or another per- aon or entity. FIRE LANE That portion of a atraat riCJht-of-vay or a paved or otharviaa aurfaced off-atraat lana da•iCJnated to aa•ura ace••• by .. •rCJ•ncy vahiclaa. FLOOD PLAIN The area adjacent to the noraal channel of a atraaa which ia aubjact to floodinCJ vhan atraaa flov exceed• the capacity of the channel. LOT A parcel or tract of land intended to be de- veloped, uaed or conveyed aa a •inCJl• unit. KASTER STRBET PIAN Part of the City Coaprahanaiva Plan ahovinC) location and claaaification of principal traffic vaya. MINOR SUBDIVXSION The aubdivi•ion of raaidantially aoned prop- arty into thr .. or fever lota or the aubdivi- aion of ca..ercially or induatrially aoned property of ona-balf acre or l•••· PARJaNG STRIP city-owned property vbicb li•• between the front lot l ina and tba traveled aurface of the atreet, uaually deaiCJNtted by the curb. PLAXNI~ COMKISSIOK OR COMKISSIOK The City Plannint and lonint ec-iaaion of Entlavood. ROADWAY That portion of a atreat ri9ht-of-vay deaiv- nated for vehicular trafficJ where c:urba are in place, the portion between c:urba. SIDEWAU That portion of a atraet ritht-of-vay, paved or othervlea aurfaced, intended for 5 pede• rian uaa. A public r1 -of y tor vel\ic:ul r or pad trian traffic. a u ara ot .. •itled •• toll a1 I . - SUBDIVIDER SUBDIVISION • • • B. Arterial --provides for •through• traf- fic aovement connecting aajor land use ele- aents within the City, and connecting the City and adjacent coaaunitiea with one an- other. Direct access is ordinarily provided to abutting property, however, consideration auat be given to the control of entrances, exits and curb use in order that the traffic aoveaent can be relatively unimpeded through- out the City. c. Minor and Major Collector Street --pro- vides for traffic aoveaent between arterials and local streets with direct access to abut- ting property. D. Local Street --provides for direct ac- cess to abutting land, and for local traffic aov ... nt priaarily in residential areas. Any person or other entity, or any a9ent thereof, dividing or proposiftCJ to divide realty. Any division of land, lot, tract, or parcel into two or aore lote, parcels, plata, sites, or other division of land for the purpose of sale, lease, offer or develos-ent, wbether iaaediate or future. 10-1-4: I'DaL'riUa Any violation of this Title is subject to those penalties provided in the General Penalty Section of the 1915 EftCJlevood Jl\ln ici pal Code . SE CTION: 10·2-l: 10-2•2: 10-2-ll 10--•: 10·2-5: 10•2•11 10-2-'7: 10•2•1 & 10•2• I ny Fin 1 Pl 1 I . • • • approval of the Director, however, a praliainary and final plat may be submitted simultaneoudy if the •ubject realty ha• bean previously platted and con•i•t• of la•• than four lot•. 10-2-2: COift'BII'1'8 or PULIIIIDJtY PL&'l'a The praliainary plat shall contain not 1••• than the following information: A. Identification and Da•cription. 1. Boundary lin•• of the •ubdivi•ion with angle•, bearing• and diatancaa which auat clo•a within the liait• of ona in tan thouaand (10,000). 2. Naaa• and addr••••• of all peraona, corporation• or other antitiaa havinq any intaraet, leqal or equitable, in tha property proposed for aubdiviaion and tha n ... • and addr••••• and aivnaturaa of tha aubdividar and Colorado licanaad and reqiatarad land •urvayor who pre- pared tha praliainary daaiqn. 3. Lagal daacription of tha property. 4. Space for notation of action of tha City Planninc;r and Zoninc;r co-i••ion and data tharaof and aiqnaturaa of chairman and racordinc;r ••cratary of tha City Planning and Zoning c~i•aion. 5. A qraphic •cala -not aaallar than ona inch equal• one hundred feat (l• • 100'). 6. North arrow and data. 7. Tha propoaad name of tha aubdiviaion. B. lita Detail•· 1. Total a craat•· 2. Location, v idtha and whara appropriate, name• of all axhtinc;r and propoaad ritht•-of-way for atreeta , al- lay•, bicycle path• or other public vaya and all axiat- il"9 and proposed e n •· e ither public or privata, for u Uiti •· drainata or o r purpoee•, within the r propo or • ivi•io nc:l la ona bunc:lrad faa (100') 1a ly dj ). contoun v th intervale of ona (l) too . •• 11 o curv •· '· I . • • - common uae of all property owner• within the proposed aubcUviaion. 7. Location of all exiating atructur•• within the tract. 8. 9. Layout, n\Uibera and diaenaiona to the neareat foot of propoaed lot• and blocka. Flood plain, drainage channela, atr•-channel•, ir- rigation ditchea, other bodiaa of water and any other aignificant natural feature• within the tract and at laaat one hundred feet (100') i..adiately adjacent thereto. 10. Exiating and propoaad aanitary aawera, atora aawera, hydrant• and water aaina, culvert• or other underground atructur•• within the area propoaad for aubdiviaion and within at laaat one hundred feet (100 1 ) froa the bound- ary linea thereof. 11. Typical croaa-aectiona of propoaed atraata ahoving the widtha of roadway• and the location and di .. naiona of bicycle lanea, aidawalka, curba, gutter• and other atructur•• to be located within the right-of-way. 12. Profile• to acala of forty f .. t (40') horiaontally and five f .. t (5') vertically of atr .. ta and alleya. one reproducible and one print of .... shall be required. 13. Additional inforaetion. At any ti .. after aubaiaaion of the preliainary plat and vicinity aketch, the Coa- aiaaion .. y require the aubaiaaion of auch further and additiona l inforaetion aa .. y aid it in ita conaider- ation of the proposed aubdivi aion plan . 10-2-31 YICI~~ •~• The preliai nary plat ahall be a ccoa- panied by a vicin i ty aketch , at a acale of not aore than a i x hun- dred feet to the i nch (600 ' • 1 •), which shall reflect the r a l at i onah i p between the a r ea propoaed to be aubd i vidad and each of the f ollow ing: A. The na ana t public an4 private al a ntary achool, aiddle or junior high acbool and high echool. c . o. All pra vioualy d ad or d ic ted a tr .. u, whather opa_n or not, within one thouaand thr.. hundred t enty fM (1,320') of • ch bound ry o the ara • • Th n tha in 1 I • • • transportation plan, if within one thouaand three hundred twenty feet (1,320') of each boundary of the area. Additional Inforaation. At any tiae after aubaiaaion of the preliainary plat and vicinity aketch, the Coaaiaaion aay require the aubaiaaion of auch inforaation aa aay aid it in ita conaideration of the propoaed aubdiviaion plan. antft 01' ... LIIII&a~ ft.a'l'l Upon receipt of the preliainary plat and the vicinity aketch toqether with the required feea, the Director ahall aubait one or aore print• of the preliainary plat to each of the following for their reco ... ndationa in connection therewith: 1. Tbe Departllent of Public Woru. 2. The Departllent of Utilitiea. 3. The Departllent of Parka and Recreation. 4. The Departllent of Zn9ineering Servicea. 5. The Fire Departllent. 6. Urban Drainage and Flood control Diatrict. 7. All affected utility ca.panlea. 1. The Colorado State HiCJhvay Depart.ant, if the realty borden a State or Federal BiCJhway. t. Adjacent Kunlcipalitiea, if the realty borden or !a- pacta any adjacent aunicipality. Said a9enciea of the City, and all private a9enciea aa .. y wiab to be repreaented, ahall diecuea the preliainary deaign at a technical reviev ... u.,., held within 15 daya of the receipt of the preliainary . plat. a.ca•andation of the Technical Jtevi c~itt .. will be forwarded to the appli- c nt. Th preliainary plat aboulcS be ncS..s accordlntlY prio o • iaaion for Pl nn1nt c iaaion r.vi -., .. I . o. • • • 1. The zoninq of the property propoaed for aubdiviaion, toqether with the zoninq of the area• i .. ediately adja- cent thereto. 2. The propoaed layout of lota and blocka and the propoaed diaenaiona thereof to d-onatrate ca.pliance with ap- plicable yard area requir-•nta. 3. 4. The availability of all utilitiea, and the proxiaity thereof to the area propoaed for aubdiviaion. TopocJraphy and natural feature• of the land with ape- cial reference to flood plaina. 5. The continuity of atreeta and alley• within the area propoaed for aubdiviaion, and the deai9" and location of •uch •treeta and alleya, with relation to exiatinq •treat• and alley•, both within and without the area propo•ed for aubdiviaion, and the Ma8ter Street Plan. 6. 7. •• t. 10. ll. All riqhta-of-way to be de•iqned and located to facili- tate the aafe aoveaent of pede•trian• and bicycliata. All bicycle and pedeatrian waya ahall be aelected, lo- cated and de•i9"ed in accordance with current City atandarda. The location of utility and other ea•..anta • The location of, and proviaion for, public area•, in- cludir'MJ land r•••rved for parka, •chool• and other public u•••· The .. thocS of handling drainage and •urface water. Any other .. tten which the C ia•ion d...-iaportant to be con•iclered in order to a~Uah the purpoHa Ht forth herein. 1 • • • - If it determine• that, due to the location, topography, natural drainage or other unusual feature of the area pro- po•ed to be •ubdivided or due to the character of the pro- posed developaent of the area, the propo•ed •ubdivi•ion plat would: 1. Create drainage or traffic probl-• in or near the area, or 2. Lead to conge•ted developaant, or 3. Render the •upplying of governaental or utility •er- vice• to the area iapractical or difficult, then the Coaai••ion aay approve the preliainary plat, •ubject to •uch reaaonable condition• a• aay be required to accoapli•h the developaent cont-plated. After coapletion of it• con•ideration of the preliainary plat and detenaination of whether any of the further condition• or re- qu i reaant• •hould be iapo•ed, the Coaai••ion •ball pr•••nt to the applicant a written •tat ... nt which •hall •tate to the applicant whether the Coaai••ion ha• unconditionally approved, conditional- l y approved or di•approved the .... • In the event that the coa- •i••ion conditionally approve• the •ubdivi•ion plat, the writtan- •tateaent of the Planning Coaai••ion •hall ••t forth the condi- tion• and requireaent• to be aet by the applicant and the raa•on• for the iapo•ition thereof. In the avant of a di•approval of the •ubdivi•i on plat, the written •tate .. nt of the Coaai••ion •hall •et forth the raa•on• therefor, and the applicant aay appeal •uch di•approval in the aanner ••t forth in Section 10-2-9. 10-2-s r rr.aL ~~· Upon r e c eipt by the applicant of the caa- a i ••i on•s written stat ... nt, the applicant eball, within six aontha thereafter, subait to the ec-iuion the final plat, toc,ether vitb such aceo~~panyincJ papers and docuaents as aay be r equ i red . An a dditiona l aix-aontb extension aay be vranted by the Director f or c a uu . 'l'be final plat sha ll reflect the •ub- divi•ion pla t considered a t the public hea rin; and as previous ly approved by the Coaai•sion, a nd sha ll conta in not l e•s tha n the follovinq inforaation: A. ion of the sW)division and the nd con ained therein. I . • • • c. A certificate for execution by the City Clerk ahoving ap- proval of the aubdiviaion plat by City Council and the ac- ceptance by City Council of any land to be dedicated by the plat for atreeta, alleya, righta-of-way, public eaa ... nta, parka, playground• and other Municipal purpo•••· o. A certificate executed by a r89iatered land aurveyor cer- tifying that the final plat repreaenta a aurvey aade by auch aurveyor that any .anuaenta ahovn thereon actually exiat at the location• indicated and that all di-naiona and other detail• are correct. E. True bearing• and diatancea to the neareat eatabliahed atreet lin•• or official .anuaenta ahall be accurately deacribed on the plat, aunicipal, tovnahip, county or aec- tion linea ahall be accurately related to the linea of the aubdiviaion by diatanc•• and bearinga. F. The boundary linea of the area propoaed to be aubcUvided with accurate anglea, bearing• and diatancea and the width• of all preaently exiating or dedicated atr .. ta interaecting the boundary of the tract. All di-naiona reflected thereon auat have been deterained by accurate field aurvey which auat balance and cloae within Uait of one in ten thouaand (10,000). G. The length• of all area and radii, internal anglea, point• of curvature and length• and bearing• of tangenta. H. All exiating and propoaed eaa ... nta aa approved by public utilitiea. I. All lot linea and other property linea with accurate dt.en- aiona in f .. t and hundredtha of a foot with beariftiP of an- 91•• to atreet and alley linea. Lot di~iona aball cloae to one in tan thou .. nd (10,000). 3. All lota and blocka nuabered aequentially. 10-2-6 a &DDIYlOIIaL DOC--I· 'fO ~ FXDL ft.a'tl u-that the applican au.baita the propoeed final plat, be cc nied by h following d n a, it he • pr vioualy been provid -10 - At the it aball h ve no 1 I . • • • 1. At all intersections of side lines of streets and al- leys with the boundary lines of the proposed subdivi- sion, these aonu.ents shall be set not aore than four- teen hundred feet apart along any straight boundary line, at all angle points, at the beginning, end, and points of change of direction or change of radius of any curved boundaries defined by circular arcs, and at the beginning and end of any spiral curve. 2. At the points of curvature and points of tangency of streets, alleys or boundary lines of the proposed sub- division where there is a change of direction, curva- ture or intersection of such lines. 3. At all block comers. B. A stat .. ent that service is available to this site froa each public utility providing services to the area. c. A stat .. ent froa the Director of Engineering Services ap- proving the profiles of the streets and alleys shown on the preliainary design. D. Any dOCUIIent by .. ana of which the applicant proposes to raatrict, liait or condition the use of the area within the final plat, or any part thereof, and which restrictions, liaitationa or conditions do not appear on the faoe of the final plat. z. A treasurer's certificate, issued by the Treasurer of the county of Arapahoe, duly oertifyint that there are no oer- tificat-of sale or tax deeds issued by bia office and that all current CJ8n8ral and ad valor.. taxes and special •• .... - .ante are paid for t.be area covered by the final plat. r. A title insurance policy, or a oo.aitaent therefor or a ti- tle opinion issued and aivned by an attorney duly licensed to practice in the ltate of COlorado* ebowing the lt19al and equitable state of t.be title to area involved, •ny of which sha ll have been i ssued within thirty (30) days prior to the date of subaisslon of the final plat. lhould there G. be a previously recor'CS d o o n ing res ric ions, llaita ions o i 1 tb a\"1 or ny part thereof , ny policy, c n or Anyo o h r -11 - by any B. • • • otherwi•e •uch plat ahall be deeaed to have been approved and a certificate to that effect ahall be iaaued by the Coa- •i•aion on deaand. The ba•i• for the co-i••ion'• condi- tional approval or dbapproval of a final plat ahall be •tated in vritinq. The Co-iaaion' • approval of any final plat •hall be in vritinq and the final plat, toqether vith the co-iaaion•a approval thereof, ahall be tran•aitted to City Council for ita action thereon. Upon Council'• approval thereof, and the due execution of all certificate• appearinCJ upon the aaae, the final plat and all other required docuaenta ahall be recorded vith the Clerk and Recorder of the County of Arapahoe by the City Clerk, the expenae of which ahall be borne by the applicant and which ahall be paid prior to the recordinq thereof. No approval of any final plat ahall be effective until the •aae ia recorded. 10-2-8: n••• The applicant •hall pay feea aa deterained by City Council to partially defray the expenaea attendant upon the co-iaaion•a conaideration of the application. A achedule of theae feea ia on file vith the Planninq Diviaion of Ccmaunity DevelopJMnt. 10-2-9: a...aLaa Should the C~iaaion refu•e to qive ita un- conditional approval either to a preliainary plat or to a final plat, tbe applicant uy, within a period of thirty (30) daya after the Co.aiaaion'• action, appeal the Ca.aiaaion•a action to the city Council by filinq vith the City Clerk a written notice of appeal, .. ttiftCJ forth the action of the Co.aiaaion co.plained of and the reaaona for the appeal. The City Council aball, at ita next reqular ... tinq, achedule a public hearinq thereon after which it ahall approve, .actify or reverae tbe ca.aiaaion•a ac- tion• and ahall r..and the utter to the C~i .. ion tor further proceedinqa not i nconaiatent vith Council•• deciaion . 8 CTIO Nl 10--1 10·3-)t 10--3• 10-l-4 1 10-3-' 10·1-r 10--1: 10·3-l t o--' Purpoae ella ..... , KI.Oa lvaDIYIIIO. P~'I"''IIIG ..OC.DVUI l k e ch Ao~!P4lft Y MJ.no I v l e on 1 Pl a -1 1 I • • • 10-3-1 PURP08. a.D APPLICABILITYI The purpoae of thia Chapter is to provide for a proceaa that accoapliahea the purpoae out- lined in Section 10-1-1 aa it appliea to aaa11 reaidentially, comaercially and induatrially zoned propertiea. To that and, the proviaiona in thia chapter aay be applied to the aubdiviaion of residentially zoned property into three or fever lota or the aub- diviaion of caa.ercially or induatrially zoned property of one half acre or leaa, provided that no dedication for public right- of-way or other public purpoae ia required. Upon approval by the Director of Coaaunity Developaent, previoua- ly platted lota of one acre or leaa aay be r .. ubdivided without going through either the aajor or the ainor aubdiviaion proceaa. 10-3-2: 8UBK%8810. or •1.0a IUBDrviiiO• ... ~I..aY 1~1 The owner of any realty required to obtain approval of a Minor Subdiviaion plat ahall firat prepare a preliainary aketch of the propoaed aubdiviaion, and ahall aubait to the Director five (5) print• of the .... , together with a written aubdiviaion applica- tion and the required feaa. 10-3-3: wuae or u.oa luaDiniiO. ... Lllll8aY eat'C2a The preliainary aketch ahall contain not leaa than the following inforaation: A. Identification and Deacription. 1. 2. 3. •• 5. '· •• 11 1. a. 8oundary linea of the aubdiviaion and the propoaed n ... of the Minor Subdiviaion. Le9al deacription of the property . A 9rapbic acale -not aaaller than one inch equala one hundred feat (l• • 100'). llorth arrow and date • 'ft\e propoaed naae of the aubdiviaion. A vicinity aap ahoving the general location of the aub- j act property. u •. of all 0 oo ot .. 1 • c. • • • 4. Flood plain, drainage channel•, streaa channels, ir- rigation ditches, other bodies of water and any other significant natural feature• within the tract. s. Existing and propo•ed •ewer•, utility aain•, culverts or other underground •tructure• within the area pro- po•ed for •ubdivi•ion. Additional inforaation. At any tiae after •ub•i••ion of the Minor Subdivi•ion Preliainary Sketch, the Director aay re- quire the •ubai••ion of •uch further and additional inforaa- tion a• aay aid in the con•ideration of the Minor Subdivi- •ion Preliainary Sketch. 10-3-4: A. Upon receipt of 5 copie• of the Minor Subdivi•ion Preliai- nary Sketch, together with the required fH•, the Director and the Planning Divi•ion Staff •hall review the •ketch. B. Upon coapletion of consideration of the Minor Subdivbion Preliainary Sketch, the Director .. y approve the •ketch in concept and perait Minor Subdivision Final Plat •ubaittal, aay •tate the condition• or change• required for approval, or .. y di•approve it. 10-3-51 After coapletion of consideration of the Minor Subdivi- •ion Preliainary Sketch and deteraination of whether any of th,. further conditione or require.enu ehould be iapo•ed, the Director •ball preeent to the applicant a written •tat....,t which eball •tate to the applicant whether the Director ba• unconditionally approved, con- ditionally approved or diHpproved the preliainary •ketch for final plat •W.ittal. In the event that the Director conditionally approve• the Minor Subdivision Preliainary Sketch, thb written •t.ataent eball Ht forth the condition• and require.enu to be -t by the applicant and the rH•ona for the illpo•ition thereof. In the event of a di•approval of the Minor Subdivision Preliainary Sketch, the written •tat ... nt of the Direc- tor •ball •et forth the reaeona then for, and th ap- plic n aay ppa 1 to the Ci y Pl nni zoning c i .. ion. l I . -• • • B. A notarized certification and dedication executed by the owner or owners. c. A certificate executed by a reqistered land surveyor cer- tifyinq that the Minor Subdivision Final Plat represents a survey aade by hia, that any aonuaents shovn thereon actual- ly exist at the locations indicated and that all dt.ensions and other details are correct. o. True bearinqs and distances to the nearest established street lines or official aonuaents shall be accurately described on the plat; aunicipal, tovnsbip, county or sec- tion lines shall be accurately related to the lines of the Minor Subdivision by distances and bearinqs. E . The boundary lines of the area proposed to be subdivided vith accurate anqles, bearinqs and distances and the widths of all presently existinq or dedicated streets intersectinq the boundary of the tract. All diaensions reflected thereon aust have been deterained by accurate field survey which aust balance and clos e wi thin liait of one in ten thousand (10,000). F. Al l lot lines and other property lines v i th accurate diaen- s i ons i n feet and hundredths of a foot v i th bearinqs of an- q l es to street a nd alley lines . Lot diaensions shall close to one i n ten thousand (10 ,000). G. Location , wi dths and where appropriate, n ... • of all exist- i nq r i qbts-of-vay fo r str .. ts, alleys, bicycle patha or other pu.b lic vays a nd a ll existinq and propoeecl eas-nts , e i ther public or p rivate , f or utilities, dra i naqe or other purpoees , within the a r ea proposed for s ubcUvision and at l east one hundred f .. t (100 ') ~lately adjacent thereto. H. Flood plain, drainaqe channels, streaa channe l s , i rri qat ion ditches, a nd any other siqnificant natura l featu res wi thin the tra ct, and a t least one hundred feet (100 ') i aaed i ately adjacent thereto. 1. Existinq and proposed severs, utility .. ins, culve rts or o er und rqround atruc urea within the ar propoeed for sub41v sion and vi hin a 1 • one hundred fe t (100 1 ) !roe J. tbe bound ry lin • of. of all pereons, corpor tiona or other in r at, leq 1 or equitable , in the divided nd the naaes and eddre•••• subdivider and Color do 11 n s ed and c h ... 1 o prepared the pre lia lnary or te there- or ot Eft9lneer• I • • • - 10-3-6: ADDITIOIO.L DOCUJU!:MTS TO ACCOIIPAIIY IIIlfOR 8UBDIVISIOH FINAL PLAT: At the time that the applicant aub•ita the propoaad Minor Subdiviaion Final Plat, it ahall be acco•panied by the fol- lowing docu.anta, if the aa•a have not pravioualy bean provided: A. A certificate aiqnad by the aurvayor or engineer raaponaibla for the inatallation that, prior to the aublliaaion of the Minor Subdiviaion Final Plat, iron pin .anu.anta one-half inch (1/2•) in dia•atar and not laaa than thirty inchaa (JO•) in length have bean aat in concrete, with a durable cap bearing the Colorado Regiatration NUJibar of the Land Surveyor reaponaibla for the aatablia~ent of aaid aonu.ant, and located in the area aat forth on the final plat at the following locationa: 1. At all intaraactiona of aida linea of atraata and al- lay• with the boundary linea of the propoaed aubdiviaion. 2. Thaaa •onu.anta ahall be aat not .are than fourtHn hundred feat apart along any atraight boundary line, at all angle pointa, at the beginning, and and point• of change of direction or change of radiua of any curved boundariaa defined by circular area, and at the begin- ning and and of any apiral curve. 3. At the point• of curvature and pointa of tangency of atraata, allay• or boundary linea of the propoaed aub- diviaion where there ia a change of direction, curva- ture or intaraaction of auch linea. 4 . At all block cornara. a. A atat ... nt that aarvica ia available to thia aita froa aacb public ut lity provid ng aarvicea to the area. c. A traaaurar•a certificate, iaaued by the Traaaurar of t.ba county of Arapahoe, duly certifying that t.bara era no cer- tificate• of aala or tax deada iaaued by hie office and that all curran general and ad valor .. taxa• and apacial a• .. ••- aenta are paid for the ar covered by tba II nor Subdivialon Final Pla • D. l I . -• • • E . Any other record of document required to be sub•itted by any other provision of these Minor subdivision regulations. 10-3-7 llBVID or IIIIIOR 8UBDIVIIIO. PIDL PLa'l'l A. Upon receipt of the Minor Subdivision Final Plat, toqether with the required fees, the Director and Planning Division Staff shall sub•it one or .ore prints of the Minor Subdivi- sion Final Plat to each of the following for their reco..en- dations in connection therewith: 1. 2. 3. 4. 5. 6. The Depart•ent of Public Works. The Depart.ent of Utilities. The Depart.ent of Parka and Recreation. The Depart.ent of Engineerin«J Services. The Fire Depart.ent. Urban Drainage and Flood Control. 1. All interested gas, electric, telephone and other utility co•panies. 8. The Colorado State Highway Depart.ent, if the realty borders a State or Federal Hi9hway. laid a9encies of the City, toqetber vith all private a9en- cies as .. y vish to be repre .. nted, ab.all diecuaa the pre- lbinary design at a Technical -.viev .... tiniJ beld vithin 15 days of the receipt of the Minor Subdivision Final Plat. 10-3-1: A • •• -,, - • • • - 10-3 -9: FEES: The applicant shall pay fees as determined by City Council to part i ally defray the expenses attendant upon the Commission's considerat ion of the application. A schedule of fees is on file with the Planninq Division of co .. unity Devel opment. SECTION: 10-4-1: 10-4-2: 10-4-3: 10-4 4: 10-4-4-1: 10-4-4-2: 10-4-4-3: 10-4-4-4: 10-4-5: 10-4-6: 10-4-7: 10-4-8: 10-4-9: 10-4-10: 10-4-ll: 10-4 -l: A . In •• Planninq Principles Reserve Strips Railroad Riqhts-ot-Way Street Syst .. Street Grades Street Intersections and Curvee Cul-oa-sacs Teaporarily Dead-Ended Streets Sidewalks Widths of Public Ways Curbs Blocks Lot Specifications Public Space Allocations Ea .... nts 1 , I • -• • • aubdiviaion aay be developed conaiatent with the public vel- fare and aafety aa approved by the Director of Enqineerinq servicea. 10-4-2: ... ..._ 8ftlN1 No reaerve atripa controllinq acceaa to public vaya ahall be pe~i tted except when the control and diapoaition of land co.priainq aucb atrip or atripa are placed within the juriadiction of the City under conditione apecified by the Ca.aiaaion and attached to the plat. 10-4-3: DILIIOaD atCDI'I'•-or-D'fl Where a aubd.iviaion ia adja- cent to or adjoin• a railroad riqbt-of-vay, proviaion of apace for qrade .. parationa, buffer atripa and other protective treat- •ent ahall be aade to the extent and type aa ahall be dete~ined by the Director of Public Worka and the Director of Enqineerinq Service• in coordination with the railroad. 10-4-4 A. The atreet ayat-within the propoaed aubd.iviaion ahall be planned for the .oat advantaqeoua devel~nta of the entire neiqhborhood area and ahould confo~ in qeneral ali~t to the Kaater Street Plan. a. Whenever a tract to be aubdivided ~racea any part of a freeway, arterial, collector or local atr .. t ao deaiqnated on the Kaater Street Plan, aucb part of aucb public way ahall be dedicated by the aubcSivider in the location and at the width indicated on the plan. c. The propoeed atr .. t layout ahould provide for the continua- tion or projection of exiatinc, atr .. ta in the aurroundint area unl-• the cc-iaaion d.-aucb extenaiOft undeeirabla for apec:ific reaaona of topG9rapby or deaip. llberever poa- aible, atreet j09a ahould be avoided. o. 'l'be layout and deaip ahall provide for the future projec- tion of the principal atreeta into adjoininiJ unaubcUvidecS landa and ahall be deaiqnecS to pe~t tbe continuation of throuqh utility riqbta-ot--vay or ea...anta. Tbare ahall be a • n a r .. a vi fr ya, iona of loc l ta. r . lt tree •• er a e iau a daclicated or platt 1 t atr or alley ad jo1nift9 o abuttlnt the tr ct to be aubcUvided , o h r h lf of e atna or allay ahall be pl ed or d I • • • • percent (. Jt) nor aora than ten percent (lOt for local atreets and cul-de-saca. B. Miniaal gradea are preferred froa fifty feet (50 1 ) to one hundred feet ( 100 1 ) away froa an interaection, but in no caae ahall gradea exceed four percent (4t) for a cUatance leaa than one hundred feet (100 1 ) froa all interaectiona. C. All changea in atreet gradea aball be connected by vertical curvea of a ainiaua length of one hundred feet (100 1 ). 10-4-4-2: ·~· I~RIBC7IO .. a.D ~~ A. Interaectiona. glee or nearly interaection divergence. Street interaectiona ahall be at right an- eo and no point on a curve ahall be in the unl .. a unuaual circuaatancea dictate B. Radii of Curvature. The ainiaua radii of curvature of atreeta, on center linea, ahall be approved by the Pire De-pert.ent and ahall be: 1. Preewaya --aball be apecifically deaiqnated. 2. Arterial atreeta --400 feet. 3. Collector atreeta --300 feet. 4. Local atreeta --200 feet. 5. Cul-de-aaca --150 feet. c. llever.e Curvea. Between revarae curvaa on all atr .. ta there abell be a tangent at laaat one hundred f .. t ( 100 •) long. 10-4-4-3: COL-N-sacsa The overall length of a cu1-de-aac or •dead end• atreet ahould not exceed three hundred feet (300') and ahall be deaitfted with a turnaround ot not leaa than ninety (tO') in di ... ter of riqht-of-way at the cloaed end and with curb di- ... ter of not leaa than aevanty r .. t (70 1 ) unleae othervt .. deterained by the Pire Departaent. a ft'lt8ft8 1 1 ta • d a1Vft8d to provid tu ura connec ar • djolnint auat provid a teltpOrary tu nd ot the .... apec1f1cationa •• required ln SID I All dde lka aball be l~•li.•lllll br the Dir C or Of nginMring lervi t one •• o the ae b eka ahall • fety and eonv ni tnD'I'88 OJ' fVaLtC Yll -20 - l I . -• • • A. Riqhts-of-Way. Except in cases where the Kaster Street Plan specifies a qreater or lesser width as a ainiiiWI, the ainiaua riqhts-of-way shall be: Freeways Coaaercial and industrial streets Arterial streets Local streets Alleys in aulti-faaily, coaaercial and industrial districts Alleys in all other residential districts CUl-cle-Sacs Zaseaents, except as provided in Section 10-4-12 Shall be specifically deeiqnatec! 60 t .. t 60 f .. t 5o f .. t 20 feet 16 feet to feet in di ... ter 16 feet a. Jtoadvays. Except in cases vbere the Master Street Plan specifies a qreater or lesser width as a ainiJIWI, the aini- ll\lll roadvays shall be: Freeways Arteri al streets CO...rcial and industria l streets Major and llinor c o llector streets Local streets CUl-cle-sace c . Al l eys . Alleys in ~rc i a l and i ndustri al d i stri cta Al l eys in res i dentia l d i stricts D. llclewalka , lllniJIWI Width of: lidewa l ka , res idential: co.blnatlon and .. parate lidewalks, co.aercial nc! industrial Shall be specifically desiqnatec! u feet u f .. t u feet J6 feet J6 f .. t roadway width 20 f .. t 11 f .. t 4 t .. t 5 f .. t 10-4 -71 C'GaMI CUrb r dii U be not less than ( 15 •) unleaa unu 1 c1 ta dictate au · •• ,.nee , but property linea abell not follow radii unless ry . I LOCDI Left9tba. ei yt loc (1,2 0') 1 - I • • • for off-street parking and loading purposes, as required by the Zoning Ordinance, or any aaendaents thereto. 10-4-9: A. B. Varying dL.enaions of lots are reca.aended, but the ainiaua dt..ensiona of lots for residential use shall be in accor- dance with the Coaprehensive Zoninq Ordinance, or any -•nd- -nta thereto. Each lot shall abut a dedicated street. c. Side linea of lots shall be approxiaately at right anqles or radial to the street line. D. The shape of lots and their orientation shall be appropriate to the location of the proposed subdivision and to the type of developaent cont .. plated. E. Double frontage lots in sinqle-f-ily residential districts, other then corner lots, will be peraitted only under unusual conditions. r. Wbere a new subdivision, or any lot, block or parcel there- in, fronts on an existinq or propoeed arterial or freeway, as defined herein, suitable access shall be provided thereto. 10-4-lOa .vauc 8.ac8 ar.r~'fiOUa A. llbere an erea is to be developed or subdivided, open spaces suitably loceted and of adequate she for parka, plaY9rounda and recreational purposes within such area aay be required to reduce illpact on neighborinq facilities or if dailar faciliti-do not exist in the area. laid spaces ehall be cladicatecl for the ~n use of the public or be established by CO¥en&nts or other conditions in deed or ct.ed.8 for the uae of the public • •• c. l I • • • .. • linea, rights-of-way or eaaeaenta not aaaller than sixteen feet ( 16' ) wide, (eight feet ( 8 • ] on each aide of rear or aide property linea) together with the right of ingress thereto and egress therefroa, shall be provided. Eaa ... nta through a parcel and along the edge of one parcel only, shall, likewise, be a ainiaua of sixteen feet (16'). For lots facing upon curvilinear streets, the rear eaaeaent line shall consist of a aeries of tangents with a aint.ua nuaber of points of deflection. Where possible and to provide for guy structures or other attachaenta, with a aint.ua inter- ference with land use, points of deflection ahall coincide with aide lot linea on the aide of the exterior angle. In certain instances eaaaaenta of liaited width and length to provide for guy structures should be provided. Where neces- sary to coordinate service need• and to provide feed-through facilities between adjoining developaenta, such needs should be indicated on the plan. B. Whenever any atreaa, irrigation ditch or other watercourse ia located in a subdivision, the aubdivider, at his expense, shall provide and reaerve eaa ... nta along such atr .... , ditches and watercourses in auch widths aa approved by the Director of Engineering Services for the purpose of widen- ing, iaproving, protecting and aaintaining .... and for drainage and recreational purpose a. The subdivider shall aubait any data, including plata of profiles and contours, designs, calculations, etc., which aay aaaiat the Director of £n9ineering Services in the preparation of any atate.ent required of hia regarding drainave conditions in the pro- poeed subdivision and any drainaCJe facilities propoeect by the subdivider to serve the aubdiviaion. 10-5-l: AGUDIDIT. Any line or diaputed corner or bou.ndary .. Y be deterained and peraanently eatabliahed by written agraaaant of all partie• thereby affec ad . (State Law Reference -A.CJ nta section 3 4-44-112 c.a.s.) 10-5-2: PltOCE shall be signed 10--t Uno -2 I . • • • Int:rochoed, read in full, and passed on first reading on the 17th day of August, 1987. 1987. Published as a Bill for an Ordinance on the 19th day of August, 1987. Read by title and passed on final reading on the 8th day of Septeaber, Published by title as Ordinance No. , Series of 1987, on the 9th day of Septflllber, 1987. - Attest: lb)ene L. 0t:1s, Mayor Patricia H. era;;, Clty clerk I, Patricia H. Crow, Ci ty Clertt of the City of l!h;Jlewood, Oolcxa,, hereby certify that the abolle and fon!90ing is a true copy of an Ordinance paued on final reachnq and published by title u Ordinance No. _, S.iee of 1987. Patrldi R. CiOW I . . -• • • BY AlmDUTY OODINAICE NO. !ll-- SElUFS <F 1987 OXH:ll. BllL NO. 53 lN'1'IUXX:m BY OXH:n. ~BRADSHAW AN OODINAICE SUBHI~ TO A \UI'E <F 'mE QUALIFIED ~ <F 'llfE CITY <F ENiLtK:XD, ~. AT A Rm.liJ\R KJNICIPAL ELFX::TI<l" TO BE HElD ~ 3, 1987 , PIO'QSfD NB04ENl' TO 'mE OfAR'l'm <F 'llfE CITY <F DGa0D AS F<I.1.G1S: IOCREAS:n«; ~ $2, 500 TO $10,000 'llfE ~IRIMln' l'tR CCJoFETITIVE BIOO:n«; IN PUlOWX: <F SUPPLIES, MM'ElUALS, Cit ~IPMfNI' BY .MK>:n«; SB:TI<l" 113 <F ARTICLE X C"F ntE IDlE RULE OfARTER. 'I"HAT: BE IT <RliUNID BY niE CITY COOOCIL CF niL CITY <F DGa«XD, OLCIWX>, Section 1. 'nlere is hereby subnitted to the qualified electors o the City o f ~lewood at the next regular nunicipal election to be held on Noventler 3, 1987 p the Olarter of the C~ty of I:'Zlgl as fall 'n\a effecti lJ!IIIediately ~ ~al of the qualifl.ed el of the City of £nqle«Xld and the certification thereof to the office of t Secretary of the S ate of Color , pursuan to Section 9 , Art~cle XX, of the Colorac:b O:lnstitution, the 0\arter of the City of fnjlacxld, nd Section 31-2-210, Colorado Revised Statutes, Article X, Sect1on ll3 of Rul 0\arter of he Ci of J.'))gl 1a hereby to read foll 113: ITIVE DIOO I . -• • • Section 2. '!be voting machines and paper ballots for said election shall carry thl! following designation which shall be the sutmission clause: Shall the tt:IE Rule Owlrter be amended to increue frail $2,500 to $10,000 the ~nnent for ~itiw bidding for purchase of 9\.Wlies, materials, or equi(lR!!nt, a.nding Section 113 of Article X? And each elector voting at said election in! caircus of voting fac ac against said : octa&at shall indicate 1\is choice by ~ing the llpprq)riate counter of the votinc.J ta:hine Which indicates the WE'd "Per:" ac •Aqainst• or by the appl'q)Z' iate llllll'king upon paper ballots, lllhere uaed. Section 3. 'nle proper officials of the City of !bglel«lld shall giw notice Of wa regular lllllti.cipal election, Wtich rotice shall be published in the mmner .-¥! for the length of tiJBe ~ by 1•, and the ballou cast at such election shall be canvaaeed and the result aecertained, detenlined, and oertifi~ as required by law. Introdloed, read in full, and passed on first reeding m the 17th dilly of August. 1987. P\mlUt.d • a Bill foe an <kdi.nance m the 19th~ of Aug~.wt, 1987. AMid by titl and 1987. Publi8hed by t1tle 8el:.ta .. lr', 1987. htrlcla A. crew, cl y det1t -· ot 1987, an Liifti t. otti, AiliW I . -• • • CR:>INNCE NO. H.,-, SElUES CF 19877-2 BY Al.mDUTY <XlJCIL BILL NO. 54 nmo:u::ID BY CXl.ICIL PHem arrs AN CHliNN«:E SUI!MI'n'n«; 'ro A \oiiJre CF THE (J.IALIFnD ~ CF THE CITY CF EN'iUXlCD, ~. AT THE REnJLAR tli'UCIPAL miCII 'ro BE HElD ~ 3, 1987, PR:PQSED NIEH»Bfr 'ro THE~ CF THE CITY CF I'Xil.aOD, AS I"CU.(H): Il'CREASIK; FJU-t $5,000 'ro $20,000 THF: ~IRJ:'JBrr ~ CXM>ETITIVE BIOOIH; IN CAPITI\L n.~ .w> ~ APPR::NAL CF cxx.N:IL BY RE3LUTICII CF NIRJl'IATID <nmw::T5 RA~ 'niAN BY CFDI:NAOCE, BY N4Nln«; SB::TICII 116 CF ARTICLE X, CF 'mE ID£ RULE ~. 'IH\T: 8L IT ~ BY THE CITY cxx.N:IL CF THE CITY CF I'XiLaOD, ca:J:IWXl, Section 1. 'nlere is hereby sut:mitted to the ~lified electors of the City of blijiewood at the regular nunicipa.l election to be held on NcM!rrtler 3, 1987, p ropoeed t o the 01arter of the City of Q-,glewood, as foll 'nla effective ately upon approval of the qualified lectors of t~ City o f Engl oertif1cat1on thereof to the off1oe of the Secret of Sta e o f Col o r , puro;uan to Section 9, Article XX, of he Colora<b Constitutlon, he Olarter of the City of f)-,glewood, and section 31-2-210 Colo r iscd S atut , Article X, Sect1on 116, of ttl~! Rul rt r f C1. y of Englewood i hereby to read as foll 11 ( l ITAL~ 0 ,000, shall -1 - I . -• • • Section 2. 'lbe voting machines and paper ballots for said election shall carry the following designation which shall be the subnissions clause: Shall the Hcne Rule Charter be .-ended to increase fran $5,000 to $20,000 the requirEIII!!nt for oellp!titive bidding on capital ~t projects and require J'li!CjOtiated contracts to be a{JPl"'OIed by Council Resolution amending Section 116 of Article X? And each elector voting at said election and desirous of voting for or against d ametdieilt shall indicate his choice by depressing the apprq>riate CXlWlter of the voting liiiiiChine which indicates the word "For" or "Against" or by the app~iate marking ~ paper ballots, llllere used. Section 3 . 'lbe proper officials of the City of Dlgl_,oo shall g1ve notice Of said regular nunicipal election, lot\ich notice shall be Jl'*llished in the !llllnl'lei' and for the length of tliiiB required by 1.,, and the ballots cast at suc:h election shall be canvassed and the result ascertained, ermined, and ' rtified required by 1 ... Int..rcxlJced, read in full, and passed on first reedinq on the 17th day C'f ~t, 1987. Pl,t)l a B1ll for Ord.lnance on the 19th day of Au1JUS , l 7 • on f 1n&l readlng on 1 7. 1 1 -of 1 7, on Lii1'ii L. ous, Ai)lOi A. 6'fii I i I I I • • • - BY AlJ'l'IUUTY CHJitW«::E NO • ..# SERIES CF 1937 c::nN:IL BILL NO. 55 INmaXX:fD BY <Xl..ltCIL ~ aris AN CHJitW«::E SUI!MI'l"1'DI:; 'IO A \IUl'E CF '111E C(.IALIFIID ~ CF THE CITY CF FlG..EXXD , ~. AT 'l1IE Rm.lLAR ~ICIPAL EUX:TI~ 'IO BE HfU) ~ 3, 1987, ~ AMfHHNl' 'IO 'l1IE OiAR'lm CF 'l1IE CITY CF OG.EXXD, AS F(L[.(loiS: AOOI:i; 'IO !ID::TI~ 9 CF 1\RTICLE I niAT NJY. ~ PIOIISI~ 'filCH IS IN <XNFLicr \·JITH srATE srA'lUl'ES ~ 'l'HE c:nosri'IVl'I~ IS &JPERSEDtl) BY 'l1IE srATE ~ATUTES ~ srATI: CXNsri'IVl'I~ IF 'l1IE sus.m::T ~ CF 'l1IE CCNFLicr HAS BEEN Dll:LARl:D CF m'l\TEWIDE ~ liN> 001' MEM:LY A I:D4E RULE ~. •~. in instances the Englewood Halle Rule 0\arter conflicts wi h S a e S atu s or the Colorado Constitution; and sary to anend the , '11 lElU:FCIU::, BE IT ....,-"'"'""""'u BY 'l'HE CITY CX:UCIL t"NI:U!li«JW, OX~~. niAT: 'l1IE CITY I . • • - Section 2. The voting machines and paper ballots for said election "iholl carry the following designation which shall be the subnissions clause: J\MfXJ4ENl' NO. Shall the Hane Rule Charter be c!lllel'lded to add the following wording to Section 9 of Article I: IF lW'i PIOIISICN IN 'l1fiS ~ IS IN cx:.NFL!Cl' \a'rn 'mE STATE STA'1UI'ES ~ STATE ~I'lUI'ICN, 'lliE PRNISICNS CF 'lliE STATE STA'lVl'ES ~ STATE ~:rnJl'ICN stWL ~ 'nfiS ~ IF THE ~ ~ BEDl ~ ro BE CF STA'n!JmlE ~. THIS stWL 001' CXNS'lTlU1"E A ~ CF 'lliE CI'IY' S RIGrrs lHD ITS 10£ RULE ~. At«>, IN ANY c:1l1D MATmR, 'lliE ClfAR'lD stWL RULE? And each elector voting at said election and desirous of voting for or against said ~t shall indicate his choice by depressing the ~iate oounter of the voting IMCh.ine which indicates the word •For• or •Against• or by the apprq>riate marking ~ paper ballots, where used. Section 3. 'nle proper offic1als of the City of tn;Jlewood shall give notice Of Siid regular nurlcipal el ion, which rotice shall be published in the manner and for the length of tune recp.ued by 1-, and the bAllots cast at such election shall canvassed and the result aaoertained, determined, and rtified aa recJJired by law. Introtb::ed, read in full, and pueed on first rud.in9 on the 17th day of AU1JUSt, 1987. P\j)l illhed a Bill for an ~ by itl and paned on hnal 1 7 . Att ·-· 19th day of ~, 1987. 8th day of Sel:lotalber 1 7, on EIJ9I!!re t. otia • n. crow I • -• • •' • BY AUTHORITY ORDINANCE NO. SERIES OF 1987---- COUNCIL BILL NO. 49 INTRODUCED BY COUNCIL MEMBER VOBEJDA AN ORDINANCE APPROVING AN EASEMENT FOR THE CITY DITCH RIGHT-oF- MAY BETWEEN THE CHATFIELD OUTLET AND SANTA FE DRIVE IM EXCBAMGE FOR A QUIT CLAIM DEED TO RIO GRANDE RAILROAD FOR A PORTIOH OP THE CITY DITCH. WHEREAS, the right-of-way for City Ditch in the area between the Chatfield outlet and Santa Pe Drive specified a 50-foot width and vas originally granted in the 1800's; and WHEREAS, since that ti .. the ditch location has slowly changed and the property linea surrounding the ditch have never been properly defined; and WHEREAS, when Chatfield Reservoir vas constructed, the Corps of Engineers platted their property line on the north of the ditch and platted a curvilinear line which better approxiaated the ditch; and WRBRBAS, the Rio Grande Railroad is beginning to develop the property on the south of the Ditch and has agreed to give the City an eaa ... nt for any of ita property within 50 feet of the Corps ditch boundary; and WHEREAS, the City has agreed to quit claia a portion of th City Ditch to th Rio Grande Railroad and retain an eaa ... nt acrose this land to provide ace •• to th City Ditch outlet vorka atruc ure; , TBDEI'ORE, U IT ORDAI ID IY TIIB CITY COUNCIL OP Tid CITY 0 DIGL , COLOlt.ADO, T8.AT1 Uh 1n ull, 87. on ra 0 I . • • ,. • Published as a Bill for an Ordinance on the 19th day of August, 1987. Read by title and passed on final reading on the 8th day of Septeaber, 1987. Published by title as Ordinance No. the 9th day of Septeaber, 1987. -· Series of 1987, on lugene t. otis, Aayor Patricia 8. crow, city cierk I, Patricia B. Crow, City Clerk of the City of Engle- wood, Colorado, hereby certify that the above and foregoing is a true, accurate and ca.plete copy of an Ordinance passed on final reading and published by title as Ordinance No. , Series of 1987. ---- Patricia I. Crow l I . - ; ORDINANCE NO. SERIES OF 1987-- • • • BY AUTHORITY COUNCIL BILL NO. 50 INTRODUCED BY COUNCIL MEMBER VAN DYKE AN ORDINANCE AUTHORIZING THE DEEDING OF A PORTION OF THE CITY DITCH BY THE CITY OF ENGLEWOOD TO THE RIO GRANDE RAILROAD ON CERTAIN CONDITIONS. WHEREAS, when Chatfield Reservoir was constructed, the original headgate structure was destroyed and a new outlet structure was built to deliver water to the City Ditch; and WHEREAS, a 300-foot piece of the Ditch still exists upstre~ from the outlet structure, which piece has not been used for ditch operations since Chatfield Reservoir has been built; and WHEREAS, this piece serves no purpose for the City and in fact is a detri.ent in that it allows drainage water to enter the Ditch; and WHEREAS, the original right-of-way docu.ent for the City Ditch in the area of the 300-foot piece of ditch states that if the Ditch is ever abandoned, the ground reverts to the surround- ing landowner, in this case, the Rio Grand Railroad; NOW, THER.IFOU, BE IT ORDAINED BY THE CITY COUNCIL OP THE CITY OF ENGLEMOOD, COLORADO, AS FOLLOWS: section 1. The portion of th City Ditch upstreaa froa the n w outlet cons ructed in plac of th original headgate which was destroy d during th Chatfield R s rvoir construct on, is h r by authoriz d o b d ded to th Ri o Grande Railroad w~th h ollowing provis~ons: Th no 01 c fr R Uro d; Tha 0 0 r on 0 d froa prov • c ty o nd y 0 c y cl • I • -• • • Introduced, read in full, and passed on first reading on the 17th day of August, 1987. Published as a Bill for an Ordinance on the 19th day of August, 1987. Read by title and passed on final reading on the 8th day of Septeaber, 1987. Published by title as Ordinance No. ___ , Series of 1987, on the 9th day of Septeaber, 1987. lugana L. bEla, Riyor Attest: Patricia I. crow, city clark I, Patricia B. Crow, City Clark of the City of Engle- wood, Colorado, hereby certify that the above and foregoing is • true, accurate and ca.plata copy of an Ordinance passed on final raadift9 and published by title as Ordinance ~. , larias of ltl7. ---- Patricia I. crow 1 I I I . - C 0 U N C I L DATE August 17, 1987 • • • C 0 M M U N I C A T I 0 N AGENDA ITEH SUBJECT City Ditch Right -of-Wly between the Chltfield Outlet lnd Slnta Fe Drive INITIATED BY Englewood Water and Sewer Board ACTION PROPOSED ________ ~C_it~y_C~o~u~nc~i~l_a~p~p~ro~v~e_t~h~e_e=•~s~~~n~t~f~o~r~t~h~e~C~it~y~D~it=c~h Right -of-Way for the area between the Chatfield Outlet and Santa Fe Drive The right-of-way for City Ditch in the area between the Chatfield outlet and Santa te Ortve s~ on the attached .ap was originally granted in 1176 . It spectfted a rtght-of-way wtdth of 50'. Stnce that ti .. , the ditch location has slowly changed location, and the property 1 ines surrounding the ditch have never totally bMA properly defined. In the 1110's the Rio 'rande Railroad CCIIIIPMY platted the area to the south of the ditch . The boundary wtth the ditch was wroxt•ted by stratght 1 ines. Whet~ the Chatfield Reservoir was constructed, the Corps platted their property Hne on the north of t ditch . They platted a curvilinear 11M .tttch better wroxt•ted the ditch . The railroad h beginning to develop the property on t south of t dttc • In order to •intain proper ditch access and rifht -of ·way for operation o l ditch, the ratlroad has 19reed to give the City an eas t for an y l and within 50 ' of the Corps ditch boundary . fl JAL DETAILS • - l • • • 11~ A BilL I"CR Ml CR>nwa:::E APPR::Nn«; AN EASIM!Nl' I"CR 'mE CI'n DI'lOf RIGifl'~-~ 1E11E1!N 'DIE OIMnDD <lmZT Hll SNf1'A FE tmVE IN EXCIWIZ I"CR A ~ aAIM 1DD 'ro RIO <JWClE ~ <XMPANY at ITS Sl~ IN Im'I!R!ST, THE ANS:II1l'Z ~Qol I"CR A P<Rl'IQol CF 'l1:IE CITY DI'IOI . NHPJa!:AS, the right~f~ for City Ditch in the area bebeen the 0\at:field outlet and Santa Fe Drive llpfiCified a 50-foot width and ws odginally granted in the 1800's; and ~. since that tille the ditch locatim hu slowly changed and the pl'q)erty lU.. ~the ditch haYe never t..\ properly delilwd; and tH!MAS, "-t 0\atfield AeMnoir ws oon8tr\lr::t:.e, the Ooq:le of llngilwen pllltted their pccperty line a\ the north of the ditch and platted • c:uxvilinMr line WW::h better ~ the ditch; and IIIDDS, the llio er.-Land~. cr ita •Y"'"ear in ~. ,. ~ Ocxparat.icW'I is ~ to diNwlc:1p the plqierty a\ the eouth of the Ditch and hM .,..S to CJiw the City an fer my of ita plqAil'ty wl thin 50 f of the Ooq:le ditch baundlley; and ••~a, the City hM .....S to ~t clala a pxtim of the City D tch to IUo Gr Land ~ and retain an craM this l..S to prcllri to the City Ditch out.lAit 'G'b llt:.l'\M::tur'; IL I . • • • Introcbced, read in full, and.;passed oo first reading oo the 8th day of Septeaber, 1987. 1987. Published as a Bill for an ordinance oo the 9th day of Sept:eld)er, L]efle t. otiS, MllYOi Att.t: Petrlcli 8. era;;, City cterk I, PatriciA H. Crow, City Clerk of the City of llng:t.cod, Oolcra- (b, t.nby certify that the eoue and !ongoing is • true, CX'V,f fo • Bill fer .n CkdiMnce, r..cJ in full, and paued an first nNding an the 8th day of llpUIIbrr. 1987. Petrldi I. era;; -2- I . • • • • GRANT OF EASEMENT I THIS GRANT OF AN EASEMENT (•this Grant•) is made this day of , 198 by the RIO GRANDE LAND COMPANY, whose address is P.o. Box 5482, Denver, Colorado 80217 and The Anschutz Corporation, whose address is 555 17th Street, Denver, Colorado 80202 (collectively, •Grantor•), to the CITY OF ENGLEWOOD, COLORADO, whose address is 3400 South Elati Street, Englewood, Colorado 80110, for the use and benefit of t h e City of Englewood (•Grantee•). The parties covenant and agree as follows: 1. Easement Property. The •Easement Property• shall mean the real property located in the County of Douglas, State of Colorado, more particularly described on the attached Job. No. 102.001 (consisting of three pages) of Montgoaery- Phillips, Inc., Surveyors. 2. Consideration. As consideration for this Grant, Grantee shall convey by quit claia deed an abandoned portion of the City Ditch upstreaa fro• the outlet structure to the Grantor, or either of thea if Grantor so requests • J. Grant of Easeatnt. Grantor hereby 9rants to Grant .. , its successors and •••i9ns, an exclusive, permanent and perpetual eaaeaent over, under, across and throu9h the EaseJieftt Property for the purpose of conatructi09, operati09, aaintaini09, repairi09, replaci09, reaovi09 and enla~iD9 those structurea or iaprove .. nts ot Grantee. 4. Ace•••· Grantee •hall have the perpetual and exclusive ri9ht of i09resa and '9ress in, to, over, throu9h and across the as n Property for any purpose nee••• ry or desirable for the full D)oyaen of he ri9h s 9r nt d o Grante und r this Gran . 0 I \ • • • hold Grantee harmless from and against any adverse claim to the title of the Easement Property by all and every person or persona lawfully claiming or to claim the whole or any part thereof. 7. Binding Effect. This Grant shall extend to and be bindinq upon the successors and assigns of the respective perties hereto. The teras, covenants, agreements and conditions in this Grant shall be construed as coveaants running with the land. IN WITNESS WHEREOF, the parties hereto have executed this Grant of Eaae•ent the day and year first above written . A GRAIITOR: RIO GRANDE LAND COMPANY . ay~foiL..,K;a~t1~-'IflA~ ..... ~---~~- THB ANSCRUTZ CORPORATION GRAHT CITY OP l.EWOOD I COU>RADO y ________________________ ___ I - • S""i•)'VIJ '''o ., r.,, .;. .. ,,..,,_ s.,;" 110 o, ... ,. c.,., ••• 00111 IJOJI 'U-JliJ 41 -.,s· Zf'44' ~ • I.U.7J ' '-•ZZ.f,Z7' Olfi"TtLJ.P SY;frr A.£&1L14 T'JMI AlrrA I I • • • Al/&.1/:./ .LlJ lH.,I'/86 SNEEr .!1 o.r 3 O.R . V.A .#. ,REYI::J£0 .10/Z.!:/86 I . ' , • • • ONr~.._ll.lc.J :i , :ti LL.IrJ.,~ 1 ,,~. SurYtyot J 7ll0 W. Yelt A"'""''• s.,;,, JIO o,,..,, C•l•,••• IOll1 IJOJ/ "f-JJ•J ' .... , ~ • Jii"IYSB ' It •IZS oo'- J.. • .,,, 05' ' '\. N 7-f'IS'oi"E ~ 2.~ . .38' I I I I / .5~-f '0-t ':S'f"E --+ 16 7. so' I I I I I $o' r-or rNaOtiii.F.I'.O:. IJOV#()A£Y I c oAl'S ~ so ·o'I'S'I"r 1 ~3 .t.o ' .oil. z.., '07'01' 1: t,;.~,qo ·--,,..--,...,-A.R£A • 0 .286 ACRES ll/0 t:~ANO.r J..AND a:J \.s 68'.3f 'Sf•£ lltlOI( ~~. ~ -'J \ SS.oo' \ ' ~ 77 "02 '59"£ ' 112 . •o' ' ' ' 'N IJ!S" ~s·cr .o ,IZI 00' ,, .J·:.;:..; /,v, 'l.--'.::...vl.,...t IWG.VST 28, lr86 511££T 3 OF 3 0~. V.A.N. REI"!.s.EO ///01/86 ',If 7Z.'5S'oi"E ... ,111.00' '-·-1rSIJ"4 17:S CA I ." I.. 100' $ o.J' I • -• • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJECT INITIATED BY -------=E~~l~~~~W~a~te~r~a~~~SMM~~r~~~a~~------------------- ACTION PROPOSED City Council ApproYll of the Proposed Quit Chi• Deed for the Aba~oned Portion of the City Ditch When Chatfield Reservoir was constructed, the original headgate structure wa s destroyed a~ a new outlet structure was built to deliver water to the City Ditch. Most of the ditch upstrea. of the new outlet was destroyed by the con · struction of the reservoir . There is, however, a 300 ' piece of ditch which still exists upstre .. of the outlet structure . It has not been used for di t ch operations stnce Chatfield Reservoir has bttn built, a~ serves no purpose for the City . In fact, it has allo.td drainage water to enter the ditch . The Rio Grandt Ratlrold, who o.ns the la~ surroundi~ thts 2S ' di tch r i ght · of·wtY wish to use this la~ a~ ditch to control the drainage fro. the i r property . The drainage would not enter the present City Di t ch but uld bt redirected . This would alleviate the surface dratn-ve probl .. t n th ts area for the Ctty . In addttton, the or i ginal rtght ·of -way docu.ent for th Ci t y Of tch tn the area of t 300 ' pt ece of dt tch note s that t f the dt ch s v r abandoned , the ground reverts to the s urr ou~i ~ la~ r . n I . - • l I CR>DW«:E NO. SEJUES CP 1987-- • • • BY Al.l'lBlUT'i A BILL~ !lb AN CR>DW«::E AU'l'tDUZD«> 'n1E Dm>Il«> CF A PCRTia. CP '11m CITlC DI'IOi BY 'n1E CITY CF DG..fHXD 'ro 'niE RIO GMNDE I..IR) <XH'MY CR ITS Slo:::ESSCR IN IN'1'ERESl', 'mE MOCH1l'Z ~TICJI a. CERTAIN a:H>ITI<H>. ~. lotlen 0\atfield Reservoir was constnx:ted, the original headgate lltruc:ture was destroyed and a new outlet structure was built to deliver ,.ter to the City Ditch; and ~. a 300-foot piece of the Ditch still exists~ fna the outlet structure, 1oot\ich piece has not been uaed for ditch qlel'ations since 0\aUield Raervoir has been built; and MIDBAS, this piece serves no pn'pCJ8II for the City .nd in fact is a dlltr~ in that it allCJWII drainage water to enter the Ditch; -, 'nWCERitE, BE IT ~ BY '11m CITY <D.K:IL fR '11m CITY OP Mi'.WXJ>, ~. AS l"CCLaaS: a.ction 1. 'ftle portion of the City Ditch ~ fraa the nw cutlet oaniti\iiC&C! in place of the cri9in&l hMdl)ata IIIW:h ws ~ Aaring the 0\atfield ~r oanattuction, 1a henby art.hcril*! to be to the Rio Gl" lMac! ~ cr ita •~eoc in intc"Mt, 'ftle Al*:huta Ocrpontion vith the followinJ pc'Orisiarw: to enter -1 - I . - • • • • • • Introcb:ed, read in full, and pulled oo first reading oo the 8th day of Sept:eatler, 1987. Publiahed u a Bill for an Ckdinance oo the 9th day of Sl!lpt:at3er, 1987. LJ8Iii t. oua, MiYOi Atteat: PatriCia R. crow, City C1erJt I, Patricia H. craw, City Clerk of ttw City of lh)l..aod, Ooloca- do, twnby ~that ttw ..,.,._IRS fan!ping b a tzua oapy of a 8111 foe .n OE'diMnoe, introct.Jced, relld in full, IRS pMMd oo fint relldinq oo ttw 8th day of sav .... r. 1987. htdCli 1. crow I . -• • • CONTRACT FOR EXCHANGE OF RIGHTS IN REAL ESTATE THIS AGREEMENT is made and entered into this day of , 1987, by and between the CITY OF ____ _ ENGLEWOOD, COLORADO, a municipal corporation, 3400 s. Elati Street, Enqlewood, Colorado 80110 (hereinafter •city•), the RIO GRANDE LAND COMPANY, a Colorado corporation, P.O. Box 5482, Denver, Colorado 80217 (hereinafter •Rio Grande•) and The Anschutz Corporation, a ~ansas corporation, 555 17th Street, Denver, Colorado 80202 (hereinafter called •TAC•). WITNESSETH The parties covenant and aqree as follows: 1. The City aqrees to convey to Rio Grande, or to Rio Grande's successor TAC if Rio Grande so desiqnates in writinq to the City, by quit clai• deed, the followinq described real estate, situate in the County of oouqlas, State of Colorado, to wit: The real property as described on attached Job No. 102.001, dated August 29, 1986, revised october 22, 1916, by Montqo .. ry-Phillips, Inc., entitled &lakeland Industrial Park -city Ditcb Quit Clai• Parcel. with all .. s ... nts and rights-of-way appurtenant thereto, all i~rov ... nts thereon and all f i xtures of a par.anent nature, currently on the pr .. isas in their present condition, ordinary wear and tear exc epted , by quit clai• deed. a. In axchanqa for the City deeding the above desc ribed rea l property to Ri o Granda (or i ts s uccessor , TAC ), Rio Grande and TAC aqraa to convey to the City an exc lus i ve , paraanent and perpetu al aa s ... nt on r ea l p rope r ty located in h coun t y o f Douql a s, Sta t e o f Colora do, ora p r lcul rly d scribed o n atta c h d Job o . 102.001 (con.is inq of thr e e) of Mon ry-Phillip, Inc., surveyors. 3. r a shall be no othe r o f the portion of c y Ditch h d susa oceurr when h n h xclua v , pe h "' s I . - • • • • • IN WITNESS WHEREOF, the partiea hereto have aet their handa and aeala aa of the day and year above written. CITY OF ENGLEWOOD, COLORADO RIO GRANDE LAND COMPANY By ______________________ _ At teat: -a - I . C 0 U N C I L DATE September 3, 1987 • • .. C 0 M M U N I C A T I 0 N AGENDA ITEM SUBJECT Vacation of port ion of Right -of -Wa y: 3400 S. Acoma and 100 W. Hampden INITIATED BY ------~C~i~ty~P~l~an~n~i ~ng~a~nd~Z~o~ni~n~g_C~o~mm~is~s~i~on~---------------- ACTlON PROPOSED ________ ~A~p~pr~o~v~e ~t~h~e _v~a~c~at~i~o~n~o~f~th~e~we~s~t~te~n~(~lO~)~fe~e~t_o~f~- right -of -way in the 3400 block South Acoma Street, and the north ten (10) feet of right -of-way i n the 100 block of West Ha~en Avenu e. BACKGROUND The Englewood Urban Renewal Author ity acquired the property abutting South Aca.a Street and West HaMpden Avenu e approxtaately three year s ago, and subse - quently ha s cleared it for redevelo~nt . After see king proposal s for the redevelo~nt of Phase Ill of the Downtown RedeveloPM8nt Plan *, the Auth ority approved a plan submitted by Ross Invest-ant Group on October 8, 1986. The property ha s now been purchased by the Tra..ell Crow Ca.pany and develoPM8nt in accordant with a Plan approved by the EURA will be underway this Fall. The priMary access to the Phase Ill Develop~ent will be off of U.S. 285 and off of the Englewood Parkway . South Ac~ Street, which borders Phase Ill on the east, provides only secondary access to the develop~ent and, because it has been vacated through the Trolley Square to the north, Ac~ no long r functions as a pri•ary street in th d t traffic circulation pat rns . There is a 60 foot r ght -of -way for South A ~ Street in th 3400 bloc , bu stnce the street ha be n d grad d to th t nt that Its prl ary fun ction is o provtd acce to the abutting prop r es, th full 60 oo rtgh of ay is no longer essential . I . - • • • • pliZi . The entire 60 foot right-of-wiy width is not necessary for that pur - pose, so the EURA is also requesting the vication of the north 10 feet of thit right -of -wiy . This land will also be incorporated into the Tra..ell Crow developitent . The ViCited right -of -way would be approximately 6,426 square feet in area . The Urbin Renewal Authority controls the lind on the east side of South Acomi Street and the channel for little Dry Creek is to the south of West Ha~en Avenue, so no other property owners would be affected by the vacation . The Technical Review Co..ittee has considered the proposed vacations and determined that the present 60 foot right -of -way for South Aca.a Street in the 3400 block and the 100 block of West Ha~en Avenue is no longer necessiry and reca..ends that a 50 foot right -of -way be retained. The Technical Review Com - mittee would recommend that the vacation request be approved . The City Planning and Zoning Co..ission considered the vacation request filed by the Englewood Urban Renewal Authority at the Regular Meeting on July 21, 1987. The rec~ndation of the Technical Review Co..ittee was considered by the Ca..ission ..-bars. RECOIIII£NDATI ON: After having reviewed the request to vacate the west 10 feet of the right -of - way for South Aca.a Street in the 3400 block and the north 10 feet of the right -of -way for West H~en Avenue in the 100 block which lies east of Lit - tle Dry Creek, the Co..ission concluded that that portion of the rights -of -way will serve no public purpose . The ..-bars of the City Planning and Zoning Co..ission reca..ends that the following described right -of-way be vacated : A parcel of land being a part of and South Acoaa Street, West H~en Avenue, being in the Southwest one -quarter (SW 1/4) of Section 34, Township 4 South, Range 68 West of the Sixth Principal Meridian, City of Englewood, County of Arapahoe, State of Colorado, being .art particularly described as follows: Mote: For the purposes of this description , the South line of the SW 1/4 shall be assu.ed to bear N. 89050 '22" W. st Right -of-Way (R .O .. ) lin lin of said st H~ n 1 nee along said North R.O .. lin , N 89050 '22" W., a distance of 91 .71 t : T n S. 43007 '06" ., 1 d tance o 12 .71 .. d st net o 93 .00 f t; t R.O. , 1 n , 0 o z•o 0 10 .00 to a1d t .o. . 1 I • -• • ,. • Thence along said West R.O.W . line, S. 0007 '57• W., a distance of 553 .10 feet to the Point of Beginning . Containing 6.426 square feet (0 .14753 acres) .ore or less. gw *An area bounded on the north by the Englewood Parkway, on the east by South Aco.a Street, on the south by West Ha.pden Avenue/U .S. 285, and on the west by the Englewood Parkway (for.erly South Cherokee Street). SUG ST D ACTI NOV D IV ____________ _ I . - • • , • • • CITY PLAIIIIN& AND ZONIN& COMMISSION ENGLEWOOD, COLORADO IN THE MATTER OF CASE 114-87 FINDINGS OF FACT, CONCLUSIONS, AND RECOMMENDATIONS RELATING TO THE VACATION OF A PORTION OF RIGHT-OF-WAY IN THE 3400 BLOCK OF SOUTH ACOMA STREET AND THE 100 BLOCK OF WEST HAMPDEN AVENUE. THE FINDINGS OF FACT AND CONCLUSIONS OF THE CITY OF ENGLEWOOD PLANNING COMMISSION The request to vAcate a portion of the right-of-WIY in the 3400 block of South AcOIU Street and the 100 block of West Hupden Avenue was considered at the regular .eeting of the City Planning and Zoning Ca..ission on July 21, 1987, in the City Council Cha.bers in the Englewood City Hall . The following .em- bers of the City PlAnning and Zoning Ca..ission were present: Allen, Barbre, Carson, Hanson, MAgnuson , Maunakea, Mulhern and Russell. FIIIDIN&S OF FACT Upon review of the evidence taken in the for. of testi.any, presentations , and reports, the City Planning and Zoning Co.aission •akes the following Findings of Fact. 1. THAT the Englewood Urban Renewal authority is the owner of the property adjoining the portions of streets proposed to be vacated . z. That i~rov ... nts to the Little Dry Creek channel have intruded into the area of the proposed Market Place Develo~nt, which is Phase III of th ~town Redevelo~nt Plan. 3. THAT the vacation request was negotiated between the Urban Ren al Au thority and Ross Invest .. nt Group in part to ca.pensate for land lost to Little Dry Creek Channel i~Prov nts. 4. THAT th 3400 block of South Aca.a Str et will serve a df•fnished role in th d town traffic circulation pattern • s. THAT th 100 bloc o st HU!Pd n A nu fs nd wtll con tnu o closed o v h cular tra ftc . COIIClUSIOitS hal port on of th public rl outh A tr and th 100 bloc o no public pui'J)Os and should, th r for • I . - • • • • .. • RECOMMENDATION Therefore, it is the reca.aendation of the City Planning and Zoning Commission to the City Council that the proposed street vacation be approved. Upon a vote on a 110tion ude at the 11eeting of the City Pllnning and Zoning Com.ission on July 21, 1987, by Mr. Allen, and seconded by Mr. Maunakea, which motion states: THAT THE PLANNING COMMISSION RECOMMEND TO CITY COUNCIL THAT THE RIGHT -OF -WAY IN THE 3400 BLOCK OF SOUTH ACOMA STREET AND 100 BLOCK OF WEST HAMPDEN AVENUE , CONTAINING AN AREA OF 6,426 SQUARE FEET, BE VACATED . Those voting in favor of the 110tion : Barbre, Carson, Hanson, Magnuson, Mul - hern, Russell, Allen and Maunakea . No one voted in opposition to the 110tion . BY ORDER OF THE CITY PLANNING AND ZONING C!MtiSSION Thad Carson, C ha t ~n I . - • STAFF REPORT CASE #14-87 STAFF REPORT RE: • • • RIGHT-OF-WAY VACATION 3400 SOUTH ACOMA STREET 100 WEST HAMPDEN AVENUE An application for the vacation of a portion of the right -of -wa y i n the 3400 block of South Acoma Street , and i n the 100 block of We st Hampden Avenue . NAME AND ADDRESS OF APPLICANT: Englewood Urban Renewal Author i ty 3400 South Elat i Street Englewood, Colorado 80110 ZON£ DISTRICT: 8-1, Business District LOCATION Of PROPOSAL : The Urban R newal Authority has requested that the west ten (10) feet of the 60 foot right -of -way for South Acoma Street in the 3400 block, and the north ten (10) feet of th 55 foot right -of -way for West Hampden Avenue for a distance of 93 feet w st of South Acoma Street be vacated. PROCEDURE TO IE FOLLOWED : The Pl anning C~tsston 's rec~nd a tion will be referred to the City Council for final action on he requ sted vacation . l . I . - • • STAFF REPORT CASE 114-87 • • • RIGHT-OF-WAY VACATION 3400 SOUTH ACOMA STREET 100 WEST HMPOEN AVEIIJE Since the v1c1tion request is only for 1 ten foot wide strip, SO feet of right-of-way reaains for the South Acoaa traffic. This width is sufficient for 1 north bound and south bound lane, as well as one lane for parking, and sidewalks. It is assu.ed the loading areas for the develo~nt in Phase Ill will be froa Acoaa. Essentially, the sa.e situation exists on West Ha.pden Avenue. The plan for the i~rove.ents to little Dry Creek provide for the eli•ination of the 100 block of West Ha.pden Avenue for vehicular use. Instead, it will be- coae part of the water and pedestrian a.enities to be provided as part of the public i~rov ... nts for little Dry Creek. Again, the ten foot vacation will co.pensate for the additional property that was required fra. this site for the water a .. nities . These v1cation requests were subMitted to the Technical Review Coa - mittee on July 14, 1987 . The C~ittee stated no objection to the proposed vacations, inas.uch as no public utilities exist 1n the proposed vac1tlons . A gas .. in will be relocated by the developer. ULATI ... IP TO TMl COiftEHOISIYE Pl.M1 The proposed vacations would i~l ... nt the Englewood Downtown Re - devel~t policies found in the Coaprehensive Plan, and i~l ... nt the Urban Renewal Plan. The Oepart•nt of C~nity Oevelopeent reca.Mnds that the street vacations be approved as requested, and forwarded to City Council for f in al action . • 2 • I . l • • ORDINANCE NO. SERIES CF 1987-- • • • BY M1l'HORITY .: A BILL FeR COONCIL BILL NO. 56 ~BY~ ~!EMBm t/tJ-ft liN ORDINANCE ~ING VJICATIOO OF A PCRI'IOO OF 'mE RIGHr-OF-WAY IN niE 3400 BIJXK OF samt .ACCI4A S'l'Rmi' AND 'mE 100 BI£CK CF WEST HAMPOtll AvmJE IN 'mE CIT'i CF ~. c:xxJN'n: CF ARAPAHOE, STATE CF COUJW)O. JIC WIIERFAS, the Engle-.oxl Urban Renewal Authority is the owner of property adjoining the portions of streets in the 3400 block of SQ!th Acana and the 100 block of \est •lanpden Avenue; and ~. this vacation request was necptiated between the Urban ReneWal Authority and Ross InVestment ~ to caJtll!nSate for land lost to Little Dry Creek Qlanncl i.q)rcM!IN!!rltS in Phase III of the Downtown Development Plan; and ~. the request to vacate these portions of rights-of-way was considered at the re<.JU].ar meetin9 of the City Planning and Zoning camussion on JUly 21, 1987, and the Camlission concluded thoee portions of the public ric;.ta-of-way in the 3400 block of SQ!th Acalla Street and the 100 block of Wast ~ Avenue will serve no public purpoee and should be vacated; and llltDFA9, the City Planning and Zonin9 Qanisaion recameud to City c.cuw:il that the rights-of-way in the 3400 block of South 1oocna and the 100 block of t Hlllpden Avenue be VIICated; ~ foll ing i.bed portion of public rights-of-wy in , coon y of Arapahoe, s teo COlorado, is hereby v I . - • • • • • • Containing 6,426 square feet (0.14753 acres) nore or less • ... .i_ Introcb::ed, read in full, and passed on first reading on the 8th day of Septerliler 1 1987 • Published as a Bill for an Ordinance on the 9th day of Septelltler, 1987. Attest: ~ L. Otis, Mayor Patricia H. Crow, city Clerk I, Patricia H. Crow, City Clerk of the City of Enql~, Colorado, hereby certify that the abolle MIS foregoing is a true copy of a Bill for a1 Ordinance, introcllced, read in full, and passed on first reading on the 8th day of 9l!lptalber, 1987. PatriCia H. craw I . • • C 0 U N C I L DATE September 3, 1987 • • • C 0 M M U N I C A T I 0 N AGENDA ITEM SUBJECT Approve Encroachment of Roof into air space above S. Cherokee Street R.O .W. INITIATED BY Department of Co11111unity Development ACTION PROPOSED __________ A~p ~pr_o_v_e _t_h_e_t_w_o~(Z~) __ fo_o_t_e_n_c_ro_a_c_hme __ n_t_o_f __ a_M_a_n_s_ar_d __ Roof into air space over a portion of right -of -way on the we st side of South Cherokee Street which at 300 West Hampden Avenue . Section ll -3-4D of the 1985 Englewood Mun ici pal Code provides that the en - c roach~nt of a building, or a portion of a building, Into the public right - of -way •ust be approved by the City Council . The encroac~nt of less perma - nent structures which could .are easily be re.aved were it necessary to do so, is approved aO.intstratively . The ad•lnistrative encroach~nt covers the In - s tallation of such things as fences, awnings, .arquees , etc . Th City of Englewood has received a request fro. Ti.athy C. Voungpeter on behalf of the owners of the property at 300 West Ha.pden Avenue to per.i t th construction of a Man sard Roof on a portion of the east side of the build ing at that address, which roof will project two feet fro. the building . Becau s th e east si de of the building was constructed at the property lin , the bottOM of th .ansard roof will necessarily extend two feet froa th bu ilding, thus Intruding In to th air spa ce over the right -of -way for South Ch roke Stre . The bottoa of th roof will be nine (9) feet abov grad • and will not inter r with elth r p de strlans or vehicles . llk lse , th r are no plan s o wfd n South Cherok Str e at this location, so th re will no dver s a • c on utur tra fi e. Th ov rhang w 11 to a pofn pprox t 1 abov b c o t s d 1 . Th pproxl t ly l • oo wid ar a n ac of h al and h ast wa ll of th bu ldlng , Is land c ptd . or th T chnt cal R vi C I tt • r 1, 1987 . I . -• • • RECOMMENDA Tl ON The staff recommends that the City Council pass a resolution approving the construction of a •ansard roof on the east side of the building at 300 West Hampden Avenue, which roof will encroach two (2) feet into the air space above the right -of-way for South Cherokee Street . gw I • • - l • • RESOLUTION NO. ~JI SERIES OF 1987 • • • I d. A RESOLUTION APPROVING THE ENCROACHMENT OF A ROOF TWO FEET INTO THE AIR SPACE ABOVE THE RIGHT-OF-WAY FOR SOUTH CHERO~EE STREET IN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Section 11-3-40 of the 1985 Englewood Municipal Code provides that the encroachment of a building, or a portion of a building, into the public right-of-way must be approved by the City Council; and WHEREAS, the City of Englewood has received a request to permit the construction of a mansard roof on a portion of the east aide of the building at 300 West Hampden Avenue, which roof will project two feet from the building; and because the east side of the building was constructed at the property line, the bottom of the mansard roof will necessarily intrude two feet into the air apace over the right-of-way for South Cherokee Street; and WHEREAS, the owners of the business want to upgrade the pp arance of th building and were the mansard roof installed only across the front of the building and not extended around to the east aide u propos d, the appearance of the building would b adversely affect d; and WHEREAS, grad , and i v hiclea; and a fu ur N CIT Y OF h bo will no om of the roof will b nin (9) feet above in erfere with ei her p deatrians or r no plana t o wid n Sou h Ch rok Street tha h re will b no advers ff c on OLV D Y TH CITY COU ClL 0 TH THAT: • 17 • I • • • • 0 . I i r.....,.-:~ ~--- .J _ .... ---• j_ lt \f' \· ·-f--· ,_ --·;I; --·-: ---' LEA ST 'n ~ '.::JO TCM CONSULTANTS INC. ARCHITECTS • ENGINEERS • PLANNERS Dorothy Romans Acting Director for co .. ission for Developaent City of Englewood, co 80110 RE: 300 W. Haapden Avenue Dear Dorothy: • • • AUll2 5 1987. August 20, 1987 The current reaocteling project Underway at the Discount Tire Store located at 300 W. Haapden currently is designed to include a 2 '-o• overhang encroaching into the city str .. t. This feature is int nded to enbance the • ..,_.ranee ot the building While not cauainq a conflic t with public use of the atr .. t. We hereby • variance to allow this overhang to be built not 110re 2•-o • i n o public property (Cherok .. Street). Thank y ou fo your earnest assistance and pr011pt .. rvice thus tar . Sincerel y , Y/d e • • I . -·--------- c • • • ........... -·· --· .. ,_.,. 0 u L ~~ • < ...... .... I ~-l ~J • • • 0 SOUTH DELAWARE S. .T 25 1::::1 t.4W. ~.[ .. • • - C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJECT September 3, 1987 Enhanced 911 System INITIATED BY Robert R. HolnM!S, Chief of Police ACTION PROPOSED Adoption of ordinances amending Title 11, imposing an emergency charge upon telephone exchange access facilities in the City of Englewood and authorizing the Mayor to sign an i ntergovernmental agreement. BACK &ROUND The original accepted design of 911 service was offered in the late 1960 's. ln the basic 911 syste., all calls originating through a central office were routed to the sa~ Public Safety Answering Point (PSAP) regardle ss of incon - gruities that •ight exist bet en the telephone co.pany central office bound - aries and those of the public safety agencies to be included. When the cal - ler 's .un cipality differed fra. the .unicipality in which the answering point was located, the call had o be •anually transferred . Occasionally, calls re •lsrouted, the ..ergency response was delayed, and the public 's need s re not •t- Most p ople think of a •tro area as a single political entity . It is not and p oplt t nd to Hnd this out n th y have an rgency on their hand s and have to call for help . They quic ly discover that th tro ar a consls s of doz ns of c nittes, one running Into ano h r . I . • • • Emergency calling is a service that every citizen needs and wants since it helps save lives and preserve property. The 24-hour Enhanced 911 System pro - vides a simple, easily re.embered nu~r that eli•inates the need to pick the right number fra. a.ong those listed in local telephone books. It should be noted that there is a two -year delay in i~la.entation of the syste. fro. the time the last political entity signs the lntergovern.ental agreement . FINANCIAL CONSIDERATIONS The cost of funding any 911 syste. is a burden that no single agency can open - ly afford. In May 1981, House Bill 1240 was passed . The bill allowed for the cost of l~le.enting an Enhanced 911 Systa. to be passed through to the telephone sub - scribers of a .unlclpal jurisdiction in the fon. of an a.ergency phone service entry on the .anthly telephone bill fro. the telephone ca.pany. Senate Bill SO was passed In June of 1985, after divestiture , whi ch allows for the funding of existing as well as new systa.s. As such, there is no cost for i_,la.entation of the Enhanced 911 Syst .. to the city. The cost to the telephone subscriber, pursuant to state statute, cannot exceed 21 of the tariff rate as approved by the Public Utilities Ca..ission. It is anticipated that the cost to the subscriber in Arapahoe County will be between 22 cents and 27 cents per .anth. The proposed intergovern~ental contract has been revi.wed, revised, and rt · worked by the Arapahoe COUtlty Attomey, n--.rous city attomeys, including the Entlewood City Attorney . The contract has been approved by the city attor- My's office. The ordinance nd1ng Title 4 and authorizing the Mayor to stgn an tnter- gove~ntal ag~t has also n revl and approved by the city attor - ney's office . COIICLUSI-~-UI£~C;!!!!~[!!!!! 1 urge th adop o gove ntal agr I ng of h nt r - SUGGESTED ACTIO ~ o av ________________________ __ '------------------------- .. I . l r CR>INANCE NO. SElUES <F 1987-- • • • BY Al1I'OORITY A BilL FeR AN <R>INANCE AMEH>n«; TITLE 4, ENGL&OD M.JNICIPAL CCOE, BY ADDING A ~ OfAPTER 7 PERTAIN:n-«; TO IMPa>n«; AN EMERGEN:Y <liARGE 1.Jl'OO TELEPHOOE EXOJANGE ACCESS FACILITIES WITHIN THE CITY OF INiLEHXD; Al1l'IO.IZING SERVICE SUPPLI~ TO COILEX:T SAID ~ TELEPHCNE CHARGES. ~. in the interest of protecting and preserving public safety and welfare, it is desirable that the citizens of the City of f)')gle.IOOd, Colorad:> 1 be provided with emergency telephone service; and WHERF.AS 1 the City Council of the City of f)')gle.IOOd finds that the City is lawfully authorized to inpose a charge upoo telephone subscribers within the City of Fnglewood and to authorize telephone service Stg?liers to collect said charge; f«M 1 '11tERI!!l"Cm:1 BE IT CR:WNID BY THE CI'IY CXXICIL CF THE CI'lY CF EH:iL!J«)(J) I ~I ~T: section 1. That Title 4 1 f)')glewood fok.lnicipal Code 1985 1 is hereby aeded bY creating a new 0\apt:.er 71 to read as follows: 4-7: JM:R:iiH:Y 'l'flDtiH: ~CE Al.mOU'lY: 'ftle ~Telephone Service Authority c ted by interqoYernmenta1 agreeneut funding aha.ll be aa provided below: 4-7-1: Df7INlTIJ otherv1 roqu1 Aa U8ed in this eection 1 unl s the context -1 - 0 I . • • • "Governing body" rreans the Board of County Comdssioners of a county or the city council or other governing body of a city, city and county, or town or the board of directors of a special district. "Person" rreans any individual, firm, partnership, copartnership, joint venture, association, cooperative organization, corporation (RUnicipal or private and whether organized for profit or not), goverrmental agency, state, county, political subdivision, state departrrent, corrnrission, board, or bureau, fraternal organization, nonprofit organization, estate, trust, business or common law trust, receiver, assignee for the benefit of creditors, trustee, or trustee in bankruptcy or any other service user. "Public agency" rreans any city, city and county, town, county, RUnicipal corporation, public district, or public authority located in whole or in part within this state which provides or has the authority to provide fire fighting, law enforcenent, ant>ulance, emergency nedi.cal, or other enErgenCy services. "Service supplier" llll!ans any person providing exchange telephone services to any service user in this state. "Service user" means any person who is provided exchange telephone service in this st te. "Tariff rates" means the rates billed by a service s~lier, as stated in the service s~lier's tariffs, lotrlch rates have been apprc:M!Id by the ~lie Utilities C.C.U.uion and which tepresent the ae.rvioe supplier's recurrin9 c1'1ar9H f o r DChange access facilities or their equivalent, elleluai of all talceS, f , licenses, or silllilar charcjes. 4 -7-2: DI'C6ITI ~ 0W¥Z -LIABILITY~ USE2t fa\ OIAKiE - CXLLfX:TI -~ NOifTS "· City I . -• • • Introduced, read in full, and passed on first reading on the 8th day of Septet'l'ber, 1987. Published as a Bill for an Ordinance on the 9th day of Septentler, 1987. Attest: Eugene L . Otis, Mayor Patricia H. Crow, City Clerk I, Patricia H. Crow, City Clerk of the City of Englewood, COlorado, hereby certify that the aboYe and foregoing ia a txue copy of a Bill for an Ordinance, introcl.Joed, read in full, and passed on first reading on the 8th day of Septad:Jer, 1987. Patricia H. Crow 0 I . - • OODINAOCE NO. SElUES OF 1987-- • • • BY AlmiORITY A BILL FOR ;le AN OODINAOCE .APPRO\.'nl:i AN I~AL AGRE:fMNr CREATII'«> AN ~ TELEPtDIE SERVICE ~ITY WHICH S1W.L ESTABLISH AND <PERATE AN ~ TELEPtDIE ~CE SYS'ID1 'ro :UO.UOE THE CITY OF ~. \'JIIEREAS, to accatt>lish an energency telephone service to aid the timely provision of ~ service to residents of Arapahoe County, including the citizens of .Dlglewood, it is necessary to enter into an intergoverrmental agreanent creating such service and providing for terms and conditions for the cperation of this eiN!rgency telephone service; NCI'J, ~. BE IT ~ BY THE CI'I'r C:X:UCIL CE' THE CITY CE' ~. ~. 'nlAT: Section 1. 'n)e agreemen tltled "In ei"gg\\ernne.ntal Agreement for Establi&hMi'lt of the Dllergency Telephone Service Authority" betWIIIell and am:~nq cities, fire protection districts, t , and other political entities in Arapahoe County is hereby appr'OIIed. A cxpy of thia in~tal t 1s ettached hereto llld inooq:loreted herein by re.ferenoe. Sect1on 2. 'n)e Mayor llld City Clerk are hereby authorized to aign and ettest thla int W t creating t:n. a.rgency Telephone Se.rv ce Authority tor and on beh&l.t ot the City Council and the City ot D¥}1 in full, and h l 7. I . • -• • • INTERGOVERNMENTAL AGREEMENT FOR ESTABLISHMENT OF THE EMERGENCY TELEPHONE SERVICE AUTHORITY This Agreement made and entered into as of the --------- day of ------------------' 1987 by and between the following ARAPAHOE COUNTY, a body corporate and politic parties: ("County")J BENNETT FIRE PROTECTION DISTRICT, a special district ("Bennett"); TOWN OF BOW MAR, a municipal cor- poration ("Bow Mar"); BYERS PIRE PROTECTION DISTRICT, a ape- cial district ( "Byers•); CASTLEWOOD FIRE PRO'rECTION DISTRICT, a special district ("Castlewood"); CITY OF CHERRY HILLS VILLAGE, a municipal corporation ("Cherry Hills"); CHERRY HILLS FIRE PROTECTION DISTRICT, a special district <"Cherry Hills"); COLUMBINE VALLEY, a aunicipal corporation ("Columbine Valley"); CUNNINGBAH PIRE PROTECTION DISTRICT, a special district ("Cunninghaa")r TOWN OP DEER TRAIL, a auni- cipal corporation ("D er Tra 1") D!BR TRAIL PIR£ PROTBCTION DISTRICT, a special d strict ("D er Trail"); CITY Or BNGLBMOOO, a aunicipal corporation <"Englewood") 1 CITY or GLI DALB a aunicipal corporation ("Glandal •); CITY OP VILLAG , a aun c pal corpora ion ("Greenwood LITT • unJ.e pal corpora on t • L ttlet.on•) ' LITTLITO PI , a spac al d atrie ( • L on•)' PAR DISTRICT, a • cial d atr e (. Pa r•,' LI-AJ.TURA , PROT CTIO DI T ICT, • • 1. 4 • ric c• abl -Al u • >' or I 1 I • -• • • SHERIDAN, a municipal corporation ("Sheridan"); SKYLINE FIRE PROTECTION DISTRICT, a special district (•Skyline•); and STRASBURG FIRE PROTECTION DISTRICT, a special district <•strasburg•>. WITNESSETH: WHEREAS, pursuant to Article 11 of Title 29, C.R.s., as amended, the above-listed parties are delegated the power to enter into agreements for the purpose of providing emergency telephone service, and WHEREAS, Article XIV, Section 18(2l<al and (b) of the constitution of the State of Colorado and Part 2 of Article 1 of Title 29, C.R.S., as amended, encourages and authorizes a,r .... nta of this nature, WHEREAS, it would serve the public welfare and be in the best interest of all of the contractin9 parties to par- tieipate in the or9aniaation, adainistration and ea..on use of a central .. rgency telephon aervice authority: and WBIRIAS, h pu 1 • d sire to enter into th • Int r - 90V rnaental A9r for h ollow n9 purpo It (l) 0 ••tablhh a 1 gal n lty to b k.n n • th • rg ney Tel phon Au hority• (h r na referred to • th ·Au hori y•) ch ahall b r pon• bl tor inh h ina lat on, 0 01'1 n4 1'1-I • -• • • tenance of the equipment for the emergency telephone ser- vice which service will facilitate a more direct referral to the appropriate emergency agency; and ( 2) to define the manner in which each of the contracting parties will par- ticipate in the Authority; and NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, the contracting parties agree as follows: I. DEFINITIONS The definitions for the ter•s •eaergency telephone charge•, •e•ergency telephone service•, •exchange access facilities•, •governing body•, •public agency•, •service supplier•, •service user•, •equ i paent supplier•, and •tariff rates• as used in th is Intergovernaental Agreeaent shall be the saae as th e de fi n ition s provided for those teru in Section 29 -ll-101, C .R.S., as aaended, as those teru are defined on the dat 0 th • Agr e nt • II. s Th par 1 • h r by ah • 1 1 'I 0 be I'IOWI'I a th T l phon Au hor ty• (h r th • Author ty •• h ch ah 11 b r a pona bl or ns on n u in n nc: 0 h u to h I • U nc:y J I • • • telephone service program which program will facilitate a more direct referral to the appropriate emergency agency. Said Authority is established pursuant to Article XIV, Section 18 C2)Ca) and Cb> of the Constitution of the State of Colorado; Part 2 of Article 1, Title 29, C.R.S., as a- aended; and Article 11, Title 29, C.R.S., aa amended. The Authority shall be a political subdivision and public cor- poration of the State, separate from the Contracting Parties. It shall have the duties, privileges, immunities, rights, liabilities and disabilities of a public body poli- tic and corporate. The contracting parties agree to provide the necessary apace for installation of equi~ent in their jurisdictions and to allov the authority access to said equi~ent for operation and aaintenance of said equipaent. III. 1-911 EMERGENCY T!LEPHONI SIRVICE AUTHORITY Th Authority shall b consisting of f v (5) ollovinq nn r 1 1 . 2. governed by a Board of Directors • beta to b selected in the I • • • • but each such entity may submit no more than on nominee for each vacancy; 3. One member shall be selected from the County by the Board of County Commissioners; 4. M.-bers may be appointed to serve consecutive terms on the Board, but no member shall serve for more than two (2) consecutive terms. One member repre- senting law enforcement and one member representing fire protection/emergency medical services shall serve an initial term for a period not to exceed three (J) years. All other members shall serve an initial term not to exceed two (2) years. Thereafter, the terms of all members shall be two ( 2) years. All teru shall expire on the second Tuesday of January. 5. Nothing in this section shall preclude either cities and towns, the County Sheriff or special districts from determining by a simple .. jority vote of all the nominating entities, the entities' choice(s) for appointment. Upon written notification to the Board of County Commissioners of the .. jority's choice(sl for appointment, the County Commissioners shall .. ke the appointments in accordance with the majority's choice( s >. 6. Bach member of the Board of Directors shall serve without compensation. The Board o f Directors shall govern the business and affairs of the Authority and exercise all pavers of the Author ity as here nafter described. IV. RQL!S A tiD R!<;uLA'l'IO NS 'l'h Bo r 0 0 c c ora tor h Au ori y ah 11 pau auppl rul s and c ula on a • 1 d n c u ry provided the auppl ry rul • nd r on a l' con- • a en w h 2 -ll-101, a nd on 2 -1-201, .s .• nd n 11 In l A I • -• • ,. • V. POWERS OF THE AUTHORITY The contracting parties hereto agree that the Authority shall be empowered with the authority to contract for the acquisition, installation and operation of an emergency telephone service and may pay such costs by collecting an emergency telephone charge for such service in the service area wh ich is within its jurisdiction and authorized by this Intergovernaental Agreement and by ordinance or resolution of the contracting parties hereto. The Authority is hereby authorised to collect an e .. rgency telephone charge as iaposed by the governing bodies of the contracting parties in an aaount not to exceed Two Percent (2') of the tariff rate or • 50 cents per 110nth, whichever is less, in those portions of the service area for which eaergency telephone service is to be provided. The funds so collected shall be spent solely to pay for the equi~nt costs, the installa- tion costs, repair and aaintenance costs, and for the aonthly recurring charges billed by the service and/or equis-ent auppl er for the rgency telephone service. Th funds 0 llb er 1td to • c eh un • par: and frat~ fund 0 any o th con rae ft9 par 0 h Au hor ty und r thh 1 Any un • r n n n • y nd shall c r:r 09 r: 0 h n•• y to h • po • n ply n ney l " c • l -• • • d. To employ agents, including but not limited to, engineers, attorneys, accountants and consultants , and e11ployees. e. To incur debts, liabilities, or obligations to the extent and in the manner permitted by law, and borrow ~ney and, from time to ti .. , to make , accept, endorse, execute, issue and deliver notes and other obligations of the Authority for ~nies borrowed, or in payaent for property acquired, or for any of the other purposes, services or functions of the Authority, and as provided by law, and to the extent peraitted by law, to secure the payaent of any such obligations by mortgage, pledge, deed, indenture, agre ... nt, or other collateral instru- .. nt, or by other lien upon or assignment of all or any par t of the properties, assets, contracts, eas nts, rev nues and privilege• of the Authority. 'l'h po r ae ed n hh paragraph ( , a.ay b • fC1 by h Au hor ay only pon pr or pproval of t •thirds h con r e tn ea n nn r prov by 0 0 , 0 nd n n4 r on 1 pro- l' 'I n •c: l. n c: " h 0 h ra, " to I • -• • • the emtM"gency telephone service is ever discontinued, any balance in the account shall be transferred to the general fund of the contracting parties on a pro rata basis, based on exchange access facilities within that party's jurisdic- tions. To further enable the Authority to carry out ita func- tions and provide the services described, the Authority shall have the following powers: a. To acquire, hold, lease (as Lessor or Lessee), sell, or otherwise dispose of any legal or equitable interest in real or personal property utilized for the purposes of ... rgency telephone and related ser- vices. b. To conduct i ta business and affairs for the benefit of the i nhab itants of the contracting parties hereto and others. c. 'l'o enter into, aa.ke a nd perfora contracts of every kind w th o h nta l entit ••· th 0 Color 0 0 ny pol 1 1\lbd vh on t.h reo , th 0 any pol t cal ub- d v lOft n ny nd&v u 1, ira, also- c a on, ah corpo on 0 any o h r or 0 0 ny n . , I . - conduct joint, operations with powera granted • • • partnership, cooperative or other others, and to exercise all the herein in joint, partnership or cooperative efforts and operations with others. g. To aue, and to be sued, in ita own name. h. To fix, aaintain and revise fees, rates and charges for functiona, services or facilitiea provided by the Authority in the aanner provided by law. i. To adopt, by reaolution, regulations reapecting the exerciae of its powera and carrying out of ita pur- poaea. j. To exercise any other powers which are essential to the provision of the functions, servicea or facili- tiea by the Authority. t. To receive contributions, gifts, bequeats or other grants or cash, equipaent or aervicea froa the contracting parties or other entities, individuals, or pol tical aubdlvia ona. 1. To crea e a technlc:al dvlaory c:oaa te . •• In add tlon, th y be n c: u ry v c: a and tor -~ Authority .. Y do any otb r ac: aa or th provlalon o initial 1 c• h c:ont nued opera ion of th I • -• • • VII. BASIS FOR CONTRIBUTION AND CHARGES FOR OPERATING COSTS TO BE IMPOSED BY THE AUTHORITY The contracting parties hereto agree that the basis for contribution and charges to be imposed on service users shall be in accordance with the provisions governing the same in Sections 29-11-101 et seq., C.R.S., as amended. Specifically, the contracting parties hereto agree to annually impose a charge in accordance with Sections 29-11-102 and 103, C.R.S., as aaended, or to otherwise pro- vide funds in an amount equal to said charge. The contracting parties further agree that the charge shall be unifora and consistent and as set by the Authority. All funds collected from said charge shall be remitted directly to the Authority. Failure to impose said charge or contri- bute funds in an amount equal to said charge shall consti- tute default under Article XII of this Agr .. aent. The contracting parties agree that the Authority aay request froa the service supplier those figures required to iapose a contribution or ch 'rge and to aake a deter•ination of the contribution or charg baaed on those figures. Th contracting part s urth r 9r wh n v r those figures re required for: ny contr button or char9 , the t gur s ua shall b the aos rec nt availabl a th tia such f gures are n eded, unl ss otherwise specifi h r in. 11 I • emergency telephone cally, the ability • • • service; including, specifi- to negotiate with equipment suppliers and service suppliers for the purpose of obtaining the benefit of technological developments which the Authority deems neccesary to improve or enhance the quality and efficiency of service to be provided to the users. VI. TBCHNICAL ADVISORY COMMITTEE The Authority shall create a technical advisory commit- tee. Bach contracting party aay have a representative on the ca.aittee. The ca..ittee .. abers shall elect their own chair .. n who will be responsible for setting •eetings and conducting business. The ca.aittee shall serve in an advi- aory capacity to the Board of Directors of the Authority. The ca.aittee shall .. ke reca..endations r89ardin9 the desi9n, equis-ent selection, installation, .. intenance and isaues directly related to the continued operation of the Baer9ency Telephone SerYice. These reca..endations shall be baaed upon the needs of the contractin9 parties. This ca.-itt h a no author y to incur any expenae or to ca.alt any funds atocia ted With the equ p~Wtnt costs, inatallation costt, or any oth c cost• related to the ... r9ency Telephone S cv c • 10 I • • -• • • VIII. E-911 SYSTEM OPERATING COSTS The monies paid into the Authority pursuant to the emergency telephone charge per exchange access facility shall be placed in a separate designated cash fund and shall be paid from said fund only for system operating costs. System operating costs shall be defined as, installation coats, equipment costs, repair and maintenance costs, and for the IIOnthly recurring charges billed by the service and/or equipment suppliers for the E-911 emer9ency telephone service. No disbursement shall be IMde from the funds of the Authority except by check and unless a verified claia for services or Coaaodities has been first approved for payaent by the Board of Directors. The Authority aay invest any funds paid into the Authority only in accordance with any applicable lava of the State of Colorado governing the invest .. nt of public funds. IX. APMI ISTRATIVB COSTS Adain ttrative costs shall includ audit and accounting fees, conaultan costa, attorneys• fe a, bonding, insurance, poata9e, stationary and letterh ad, and all other eiaUar c:oate. Th Authority shall prepar an annual bud9et for I • • • • • administrative coats and submit the budget request to the County C0111111issionera by August 1 of each year that this Agreeaent is in effect. A copy of said budget shall also be submitted to the Division of Local Government in accordance with Section 29·-1-116, C.R.s., as amended. The County Commissioners shall consider funding the Authority's budget request in the County's annual appropriation, not to exceed $15,000 for administrative costa. Should administrative costs from the County Ca.aiaaionera not be forthcoming, or if any funding so pro- vided shall be deemed insufficient by the Authority, the Authority shall divide and bill the total outstanding adai- niatrative costa, which total shall not exceed $15,000, a.ang Arapahoe County, Bow Mar, Cherry Billa, Columbine Valley, Deer Trail, EngleWOOd, Glendale, GreenWOOd Village , Littleton and Sheridan. These contracting parties shall be required to pay to the Author ity , within n i nety (90) days of ootifieation, a pro rata percentage of the total adm inistra- tive eoat baaed upon th nuabar of exchange access facili- ties within the jur adietion of tha entity when eoapared vi th th total n\lllb r o xehang aee •• laei U ties w thJ. n the jurhd e on of the Author ty. Total ada n atrativ costa of the Author ty .. Y not exe ed the total adain atra- tlve budge approved by listed in thla a e on. party .. Y b obl gated or h payment of ny aoni • l I • -• • • without its approval; however, failure to contribute the required pro rata portion to the budget shall constitute default under Article XII of this Agreement. The 1110nies paid into the Authority by the contracting parties hereto for administrative costs shall be used by the Authority solely for the administrative costs of the Authority. Nothing herein, however, prevents the Authority from returning any surplus administrative revenues provided by the contracting parties hereto for the adainistration costs of the Authority, to the then current contracting parties in the s... proportion that said parties were originally required to contribute. X. IOQ!S AIID UCO!Of Tbe Author ity shall .. intain adequate and correct accounts of their funds, properties and business transac- tions, which accounts shall be open to inspection at any reasonable u.. by the contract nq perties hereto, their attorneys, th ir a9en •· or Cl ot h public. Th Author ty shall eau to b eo uc an annual audi , which aud shall b conducted by n lnd pendent Cer i ied Publ c Accountant lieens to prac c Th Author ty shall. p ov 4 n th a e of Colorado. opy of u 4 au 1 to the I • -• • • governing bodies of the parties hereto upon request. The Authority shall also comply with Part 6 of Article 1, Title 29, C.R.S., as aaended. XI. REPORTS Within 180 days after the end of each fiscal year, which shall be the calendar year, the Authority shall prepare and present to the contacting parties a COIIprehensive Annual Report of the Authority's activities and finances during the preceding year. The Author i ty shall also prepare and present such reports as .. y be required by law, regulation or contract to any authorized f ederal and/or s tate officials or to whoe such report is required to be .. de in the course and opera- t i on of the !-911 Baergency Telephone Service Authority. The Author i ty shall also rende r to the c ontracting par - t i es hereto, a t rea s onable i ntervals, such reports and a c counting a s th con t ract ing pa rties .. y fr011 ti .. to t i .. requ es t. XII. O!PAULT Ill In th v nt any contrae ng party hila to pay ta sha re of th ada n stra t v or opera ing costa vh n due, or to perfora any o 1 • cov nanta and und r a kin9a und r th a 1 5 I • - , • • • adaainistrative costs and submit the budget request to the County Coaaissionera by August 1 of each year that this Aqree.ent is in effect. A copy of said budget shall also be subaitted to the Division of Local Government in accordance with Section 29-1-116, C.R.s., as amended. The County Co .. iaaionera Authority's budget request shall in con aider funding the the County's annual for adainistrative appropriation, not to exceed $15,000 coats. Should coats fro. the County Ca.aiaaionera not be forthcoaing, or if any funding so pro- vided shall be d .. lled insufficient by the Authority, the Authority shall divide and bill the total outstanding adai- niatrative coats, which total shall not exceed $15,000, a.ong Arapahoe County, Bow Mar, Cheery Billa, ColWibine Valley, Deer Tra i l, Engle WOOd, Glendale, GreenWOOd Villaqe, Littleton and Sher i dan . The s e c ontracting part i es shall be required to pay t o t he Au t ho r ity, with i n n i nety (90 ) days of DOtif ica tion, a pro r a t a pere nta qe of t h e tota l a dainiatra- tive eoat baaed upon the nu~c of excha nge aeeeaa faeili- t.iel with n the juc d c on ot tha en ity n coapered with th total n the jur adic on of th coats of h Au hor y approv by par y y obl xc:h ng c:c:eaa tac • w thin ~uthority, Total dalniatrative no exc d h to al niatca - 1 e• list~ in his • c ion. or h PAY~Nnt of any 110nt • I • - • • • • Agreement, the ·Authority shall cause written notice of the Authority's intention to terminate said Agreement as to such party in default to be given to that party's governing body unless such default is cured within thirty C30) days from the date of such notice. shall be sent to all A copy of said notice of default other contracting parties. Upon failure to cure said default within said thirty C 30) day period, service by the Authority to the defaulting party shall thereupon terminate and said contracting party shall thereafter have no nomination rights, nor be entitled to participation on the Authority. Purther-.ore, any contracting party whose services ter- •ina·ted under the provisions of this Article of the Atr .... nt shall forfeit all right, title and interest in and to any property of the Authority to which it .. Y otherwise be entitled upon the diasolution of thia Atr .... nt. Thia Article h hteDclect to li•i t the r itht of any party .and r tbia Atr .... nt to pura.ae any and all other r-.ctiea t .. Y ·have for breach of th1a Age nt. nu. A. Th.la ah 11 b upon the ex cution of th a A9r lnt par • Uat h u n, and hia Avr ah 11 h v h 1 n f.all ore nt by all o th h op on o c:on n ftc n o hie I • - • • • • • ~ Agreement, subject to amendments, until terminated by a two- thirds majority of the contracting parties hereto. B. Any contracting party's participation in this Agreement may be terainated by written notice froa the party or parties to the Authority and all other contracting par- ties at least 90 days prior to August 1 of any given year. Upon teraination such entity shall forfeit all right, title and interest in and to any property acquired by the Authority. c. Upon teraination by autual aqreeaent of two-thirds of the contracting parties hereto, the powers granted to the Authority under this Aqree .. nt shall continue only to the extent necessary to .. ke a pro rata disposition of the pro- perty, equipaent and aonies held pursuant to this Atre ... nt. IIV. LIMiil'tY OP 'tHE lOUD OP DIUC'I'ORS-ornCiy, AI!D IMPLO!IIS or faa AUTBOaln 'the aoard of 0 rectors, officers and 88ploy"s of the Authority ehall b ind anified purauant to the provtaions of Gover 1 I unity Ae , ct. on 24-10-101. . , c. . .. 'th Aut hod 'I ahall purehaa naur ne to prov d COY r 9 !or t toarct o o r e ora, ott c re and loy a hoc ty •9aLna au 0 aulta Which y br0U9ht. aln d rd 0 D c ora, ott en and I • - • • • • employees or the Authority involving or pertaining to any of their acts or duties performed or omitted for the Authority in good faith. The Authority shall obtain a bond or other security to guarantee the faithful performance of the duties of the •e•- bera of the Board of Directors. XV. NOTICES Notices to be given under this Agreeaent shall be effec- tive upon posting and shall be given in writing either by hand delivery, or deposited in the United States aail, cer- tified aail, return receipt requested with sufficient postage to the following persona: COUIITY OP AAAPABOE 11 BENNETT PIRI PROfBCTION DISTRICT BYERS PIA& P O'l'tC'I'IO DIS'I'ItiCT I • • - • • CASTLEWOOD PIRE PROTECTION DISTRICT • • '> • CITY OP CHERRY HILLS VILLAGE CURRY BILLS PIRE PROTEC'l'ION TOWN OP COLUIIBIIIE VALLEY DISTRIC'l' CUIIIIIIIGIIAH FIRE PRO'l'BC'l'IOII TOWN OP DEER TRAIL DISTRIC'l' DEBR TRA IL PIRB PRorEC'TIO DISTUCT CITY OP BIIGLBIIOOO 1 I . CITY OP GLENDALE CITY OF LITTLETON PARDit FlU PROTBCTIOII DISTRICT CITY OF IBDIDAII 0 • • • CITY OP GREENWOOD VILLAGE LITTLETON FIRS PROTECTION DISTRICT SABLE-ALTURA FIRS PROTECTION DISTRICT lltYLIO PIU PltO'nCTIO DISTRICT I . -• • • STRASBURG FIRE PROTECTION DISTRICT XVI. AMENDMENT Thia Agr .. aent .. y be aaended by the contracting partie• frc. tiae to tiae, but any ... ndaent ahall be given in writing and executed by two-thirda of the contracting par- tie• hereto; provided however, that any ... ndaent to Article IX auat alao be approved by a .. jority of the contracting partiea reaponaible for payaent of the adainiatrative coata. XVII. IIVI!AIILITJ CLAOSB If any proviaion of tbh Agr .... nt or the application hereof to any party or circuaatancea ia held invalid, auch invalidity ahall not affect other proviaiona or application• of the Agr nt which can be 9 • n eftec without th n- valld provis on or appUca on, and to this nd th p ovt• • ona o Th c o u 0 xvnt. " ru n • I • - • • • • .. • IN WITNESS WHEREOF, the contracting parties hereto have caused their repreaentativea to affix their reapective signatures hereto, aa of the day and year hereinafter set forth. ATTEST: Marjorie Page Clerk of the Board APPROVED AS TO PORM: Aaslatant County Attorney Af"l''UT: APPROVED AS TO rOIUI: Af"l'IU~: APP OV D TO POIUI: town A y COUNTY or ARAPAHOE, STATE or COLORADO By.~~~~--~~~~~--~ Chalr .. n, Board of County Caa.iaaionera UIIIIB'M' riU PRO'I'BCTIOII DISTRICT By ______________________ ___ or aow MAa IY·------------------------ • I • - ATTEST: APPROVED AS TO FORM: ATTEST: APPROVED AS TO FORM: A'M'BST: clt, Attorner • Aft&ST a • AlP OYBD • • • BYERS FIRE PROTECTION DISTRICT By ________________________ __ CASTLEIIOOD FIU PROTECTION DISTRICT ly ________________________ __ CITY OF CHERRY BILLS VILLAGE ly ______________________ ___ Y lllL.LS rx lCT P OTICTION ly ____________________ __ • I . - ATTEST: APPROVED AS TO FORM: '!'own Attorney AT'I'ES'I': APPRovaD AS '1'0 POD1 APPaov&o AS '1'0 f'Oilll 1 • AT'!'& 'f a • • • • TOWN OF COLUMBINE VALLEY By, ________________________ __ CUNNINGHAM PIRI PROTECTION DISTRIC'I' By ________________________ __ 'I'Oinl or oua '!'RAIL ay ______________________ ___ 'fRAIL Pl OISTU P O'I'IC'I' I 0 • I . • - • • ATTEST: CITY OP' ENGLEWOOD Patricia H. Crow-City Clerk BY·-------------------------Eu~ene L. otia -Mayor APPROVED AS TO P'ORM: C1ty Attorney AT"''EST: CITY OP' GLIUIDALE ay ______________________ __ APPROYBD AS TO POR.M r City Attorney A'l'TUTr CITY OP GRUINOOO VILLAGB ay ______________________ __ APPIOVBD AS TO POilM : C1ty Attorney ATT T r Ct Y ~---------------------- APP D v I . - ATTEST: APPROVED AS TO FORM: ATTBS ·r: APPaOVED AS TO FOU : A'M'UT: APP OilED ro ro • AT"T ,.I APP D 'I • • • LITTLETON FIRE PROTECTION DISTRICT PARKER FlU PRO'I'BC'fiON DISTRICT By, ________________________ __ S ABLE-ALTURA FlU PaOTECTION DISTaiC'f a y ______________________ ___ C!'fY IOU y I • ATTEST: APPROVED AS ro FORM: ATTEST: APPROVED AS TO P'Oitlh Tovn Attorney 71 /T 7 • • • SKYLINE FIRE PROTECTION DISTRICT By ________________________ __ STRASBURG FIRS PROTECTION DISTRICT ly ________________________ __ I . • C 0 U N C I L DATE Septe.ber 8, 1987 • • .. • C 0 M M U N I C A T I 0 N AGENDA ITEM St.8JECT Contr1ct for Construc - tion of El1ti/Gir1rd IJ1Provaents INITIATED BY _______ D_i_nK __ t_o_r __ f __ Eng~i~ ___ r_ing~Se __ n_i_c_e_s ________________ ___ ACTION PROPOSED _________ Aw __ l_~ __ o_f_c_on __ st_"_c_t_i_on __ c_on_t_r_lc_t __ fo_r __ El_A_t~i/_G_i_rl_~ ____ _ IIIProvaents Construction of this ph1se of the El1ti/Gir1~ IJIProV..ents is 1 continuAtion of 1 project st1rted in the F1ll of 1916 in ~ich bus pullouts .. re const"ct - ed on both sides of South Ehtt Street north of Gin~ Avenue . The rUip to CinderellA City w1s closed this ~r under 1 sep1r1te contr1ct. This ph1se includes the re1lign~ent and sigftllizltia. of the Ellti/Gira~ Intersection 1nd reconstruction of Gira~ fro. Elati to appro•t .. tely 300 f .. t east of El1tt (entr1nce to City Klll/ltbr1ry). FIIIMCIAl A cost breakdown of thts phased project ts u follows : Phase I c Construct on of: tM.ts pullouts bu s lter plds lind c aped header curb, gu t , and 11 rov t.s on E1 t N. of bus pullouts to floyd Av . S 76,Z 4.U S l . lS .lO I . • • Phase Ill (this phase) Construction of Elati/Girard intersection - Estimated expenditure fro. low bid includes intersection construction, construction of Girard from Elati Street to City Hall/library entrance, overlay of So. Elati fro. Girard to Floyd, complete signalization of the new Elati/Girard intersection, and installation of accent lighting along new bus pullouts both sides of Elati S 99,964.40 Alternate 11 (Accent lighting at No. end of No. City Hall Parking in newly-created landscaped area) 3,961.00 Sub-total $103 ,925.40 Electrical Eng. Design l Inspection 2,100.00 Traffic Signalization (installation by Englewood Traffic Division) Sub-total Phase Ill Cont1ngency SS Esti~ted Total Phase Ill Future Phases for CO!pletion: Landscaping/sprinklers, benches l trash cans ( nstallation by [ngl..aod Parks Dept.) City Hall N. Parking Lot Cold Tar Seal Signing l Striping Sub-total future Phases Contingency 51 Est .. ted Total Future Phases Total Proj t Re tsed Cost Est .. t 27,000 .00 Sl33,o2s:l0 6,651.27 1,240 .00 s 26,040 .00 5139 ,676.67 S271 ,886 .11 {SZ72 ,000 .00) I . -• • •' • function and use of the new intersection at Elati and Girard has caused re- thinking of the traffic control and signalization at that intersection. We now believe that new poles and .. st ar.s, a new controller, and, due to un- usual intersection angle, progra.aable signal heads, are aandatory in provid- ing a safe and functional intersection. We would not expect upward cost revisions on this project beyond this point in time in that the re.~ining ele.ents of construction are readily identifiable, contain few variables, and are .are easily esti .. ted. RIIUIIIi The total project cost is esti .. ted at 5272,000.00. Estiaated project funding and expenditure is as follows: Total Cost Paid to Date Funds Required l Ca.it - ted for C~letion RTD SlOO,OOO.OO 5 45,000.00 5 55,000.00 PIF (Road l Br i dge) 172.000 .00 61.000.00 llLOOO.OO Totals 5272,000.00 5106,000.00 5166,000 .00 Adequate funding for the ,_tnt,. Ctty share (S111,000.0l) ts preset~tly available in the Ro~ l Bridge Account, with estt .. t~ fu~s available of $112,000 .00 . The bfd proposal tabulation is as follows : ~ Bttu.inous Ro ay s Concrete rks of Colo. K.E.C.I. Ki tt stern Stegrtst Const. Bue ltd S M,l69.40 103,318.10 116,3 •• 00 129,451 .00 136,119 .00 1 Eng1n r 's est .. te was 5110 ,000.00. Alternate 1 U,l61.00 3,615 .00 3,525.00 3,505 .50 4,437 .00 Total Bid Sl03,930.40 106,933 .90 119,923 .00 132,163 .50 141,256 .00 I . • • • Englewood City Council Minutes Septe.ber 8, 1987 -Page 6 Abstain : None Absent : Motion carried. Council Member Bradshaw COUNCIL BILL NO. 52 , INTRODUCED BY COUNCIL MEMB~RS BRADSHAW/HIGDAY, WAS READ BY TITLE: A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT CREATING AN EMERGENCY TELEPHONE SERVICE AUTHORITY WHICH SHALL ESTABLISH AND OPER - ATE AN EMERGENCY TELEPHONE SERVICE SYSTEM TO INCLUDE THE CITY OF ENGLEWOOD . COCIICJL NEMER HIGDAY NOYED, COUNCIL NEMER IILO SECCIIDED, TO APNOYE COUNCIL IILL NO. 52, SERIES OF 1987. Ayes : Council Metlbers Higday, Van Dyke, Vobejda, Kozacek, Bilo, Otis None None Council Member Bradshaw Nays : Absta in: Absent : Motion carried . (f) Director Ragland presented a rec01111endat i on fr0111 the Engineering Services Departl•ent to award the construct ion contract for East Gi rard/Sout h Elati intersection street iiiiProve.ents to Bitu.inous Roadways of Colorado, Inc ., In the ..aunt of $103,930.40 . The various alternates were explained to Council along wi th associated cost savings of each . Ms . Ragland responded to questions of Councll.,.!nd Ct~~ager McCown expla i ning .._,. th~J~aL. )i¢ J pachte INJ· ~~~. -....r work'A a11'ready been acc011p1 Ish~. and wrR' srrn--- needed to be done to COJIIPlete the project, the total cost being SZ7Z ,OOO. Th ag,......nt with RTO for 50S of the cost of this proJect to a aaxf-of SJOO,OOO was discussed . Ms . Ragland confir"'led that the ~~on l es for the City 's share are available tn the Public IJ11Proveaent Fund Si x-quart r Budget Road and Brl6ge account . Those tteas which could be elfalnat~ to ~uce the cost re discuss~, I.e ., accent lights on the st s fdt of (lat I, "c nt lf.,ghts 'lOrth of City Hall Parking lot, IILitJe a~hl e' *N hnlla~t~l .. for approxfaat l y'' SZO ,OOO (fr"'OI t b i d package); the ell•lnatton of t progr 1 s gnal heads and traffic controllers•· SZ4~ (not Included n t b d pac ag ). ~de "\1 ... ...,. ~ o .C.... t .... ch ·-.) COUNCil HIIDAY NOVO. COUNCIL [l lOW C , TO TOTAl liD 'M:UU TO IIT11UNOUS ROMeiAYS IN OF SlO , t)O, ltDUCTJ A1 s · Nay s : Absta in : Abs nt : on d uttcf. Counc 1 Council n Council I . Englewood City Council Minutes Septeaber 8, 1987 -Page 7 • • • Ayes : Council Members Higd~y. V~n Dyke, Vobejda, Silo, Otis N~ys: Council Kember Kozacek Abst~in: None Absel)l: Counci 1 Kellber Br~dsh~w Motion carried.q(Council further determined to eliminate from the project the progr~--~ble signal he~ds ~nd tr~ffic controller with an approxim~te savings of $24,800. The cost of the project, therefore, would be $227,200 instead of $272,000 . (g) Director Raghnd presented a rec0111111endation from Engineering Ser - vices to reject ~11 bids for the Concrete ReplaceMent Program 1987 and to au - thorize a re-bid progra•. She explained the confusion which resulted in the bidding for the re.oval of sidew~lkJlineal foot vs . s9~are foot, and stated it ~~~ ~sstble to d_e~ne the low bidder/ tl.u..L tl> ~~ ~ ?!"~ c~lliM~~JDA NOV~, COUNCIL NEMIEI IJLO SECCN)m, TO REJECT All liDS FOR THE CONCRETE REPLACEMENT ,.OGRAM 1987 All) TO AUTHORIZE A RE-110 PROGRAM ON A COIIION WIS. Ayes: Nays: Abstain : Absent : Motion carried. Council Members Higday, Van Dyke , Vobejd~. Kozacek , Bilo, Otis None None Council MeMber Bradshaw 12. Ctty Ranager's Report (a) Mr. McCown requested that a state.ent he ude a th August 3, 1987, etlng concerning school financ i ng be corrected and that the •lnutes of that .. eting be corrected accordingly. Mr . McCown had responded to a quest on concerning the reassess .. nt Issue, specifically as tt relat d to the School District, stating the schools re lt•lted to a 5.51 increase and anything over that uld have to be voted upon. He wished to correct that lnfonaatton, statl"9 that the School Board Capital R serve fs lt•lted to 5.51 , and that th General Fund is 1 •l ttd to a ZS increase . I . • • • C 0 U N C I L C 0 M ~ U N I C A T I 0 N DATE AGENDA ITEM SI.8JECT Se tetlber 8 1987 INITIATED BY ------~~~~~~~~~~Se~rv~i~c~es~------------------ ACTION PROPOSED ________ ~--~j=ec~t~i=on~o~f~a~l~l~b~id~s~nK~e~iv~N~f~o~r_C~o~nc~n~t~e ______ _ UCUIDI_, On August 31, 1987, bids wre opeMd for Collc:rete -.pllc-.nt Progr• 1987 . The apparent low bidder was S I 0 Construction Co. with a low bid of $46,789 .96. Subsequent to the bid opentftl, it was dettr.i-.d that due to an error in a unit it• (,._val of stdewalk) tt ts •t pesstble to deterwine the low bid- der. The it•, •,._val of sidewalk•, was listed as ..._..1 per 1 ineal foot and should have re.cl •....-al .. per re foot•. In revt•ing the bids, it ...,.ars that u. .... of the u.tract.ors prices are for lineal-foot ,._vals; whi1e the other th,... are for squre -foot ....-als . With tilts dis - crepancy, tt ts not pesstble to establish the cornKt low btdder . FJIMKIAl Til Eng r's esti .. te S4 ,719 .96 to S70 ,10l.OO. s $53,670 .00, I . -• • • P R 0 C L A M A T I 0 N WHEREAS, on Se ptember 16, 1987, Americans will have the unique opportunity to honor the Constitution of the United Sta es in "A Celebration of Citizenship" in this year of the Bi- centennial of th signing of the Constitution; and WHEREAS, in 1787, the United States was a nation of 13 sovereign s ates, independent of each other , aligned along the eastern seaboard, barely held together by the Articles of th Confederation; and WUEREAS , only six years after the War of Independence , he new experiment in democracy was in danger of collapse w~th most of the states having their own armies, their own currencies, and charging tariffs to other states for using their port and roads; and WHEREAS, a convention wa held in Philad lph a, fo.r sol purpose of naking revi ions to the Ar icl s , bu Cons i u ion wa s v en ually wri ten which fashion d blu print !or a new govern~ nt --a government of the p ople; and WHEREAS, citizens of our coun ry will be Bic n enn1al o e Constitu ion's signing, th ins r en o! na ion 1 gov r in h worl d ; ing h wr 1t n jo n in r c09ni&1nq nd honor ng of ci iz nahip nd in p yinq Enql in hl and s o our qov rn ng docu. nt; City o 1 1987 • n r, I . - I • • • P R 0 C L A M A T I 0 N WHEREAS , on September 16, 1987, Americans will have the unique opportun1ty to honor the Constitution of the United States in "A Celebration of Citizenship" in this year of the Bi- centenni~l of the signing of the Constitution; and WHEREAS, in 1787 , the United States was a nation of 13 sovereign sta es, indcp~ndent of each other, aligned along the eastern seaboard, barely held together by the Articles of the Confeder ation ; and WUEREAS, only six years after the War of Independence , the new exper11r.en in democracy was in danger of collapse with most of the states having their own armies, their own currenc ies, and charg 1ng ariffs to other states for using their ports and ro ds; and WHEREAS , a convention was held in Philadelphia, for the sole purpo e of na·1 ng revi i ons to the Articl s, but a Constitution was cv n ually written which fashione d a blueprint for a new gov r en --a gov rnment of the people; and Bicen inst.r W8 the ri.gh • n.bu to S, c ricans can join in r cognizing and honoring ponaibilities of citiz nship and in paying d concep s of our governing doc nt; t: 'tll&R.EFORE, l, Eugene L. Otis, Mayor of th Ci y of En9l wood, Color do do h r by proclaia Sept mber 16, 1987 aa n h Ci y o h1 one -1n- A C aATlOR 0 CITII S IP DAY and urg all l br ion o nd 1 al his lth d y of ku p r i r, I • • • • excerpt: 9/8/87 City Council Meeting Ita. lie -Ra..ns The •tter that ts before you addresses the vacation of the wst 10' of South Aco-. Street in the 3400 block and the north 10 ' of West Hlllpden Avenue wh i ch lies east of little Dry Creek, betwen little Dry Creek and Aco-.. At the ti• that Little Dry Creek was being i-,roved, the channel was realigned slightly to the east and this intruded on the property that is to be developed by Ross Develop~ent Ca.pany. In order to co.pensate so w -.xi•ized the develo~nt possibilities of that land on the wst side of Aco-. Street in the 3400 block it see.ct wtse to provide the additional land fro. the right-of-way. The ac - cess to the develo,..nt in the 3400 block on the wst side of Aco.a will be pri•rfly fro. the Englewood Partway and fro. USZ85. It will not be fro. South Aco.a Street -that will provide secondary access to those properties principally the loading areas. As you know, South Aco-. Street ts vacated in the 3300 block which precludes South Aco.a being involved in the traffic cir- culation within the downtOMn area that -.phases pri•rily now on Broadway on Englewood Partway/Cherotee and the ..., partway and the highway . Since w have 60 ' of right -of-way and this will ac~te quite nicely two lanes of traf- fic, OM north bound, OM south bound Mel one , at least one, row of parking on South Aco.a , tt did not see. that w would need the et~tire 60' and for that reas011 it ts reca•anded that the vacati011 as proposed in the bill for an or-dh•uc• bt approved. Have you uy questiOIIs? I . • • - excerpt: City Council meeting 9/8/87 -Item ll(f) -Oensel Ragland Ragland: I guess, well, I'• here tonight to discuss the contract for finish- ing up the improvements over here at Elati and Girard, and I brought along a couple of drawings to show you what we had bid and what we propose to do, and then SOlie other options because of the costs that we are experiencing. The first one is what we bid: the i~rove.ents include reconstructing the inter- section over on the east side of Elati at Girard to utch up basically with the street that goes into Cinderella City by Josl ins. It includes, after we co.plete all these i~rove.ents, it includes overlaying Elati fro. this area on Floyd to finish it off -you uy have noticed it's uneven out there since we did the other i~rov~ts with the bus pull-outs further to the north. It also includes in here putting in new traffic signals, poles, utched ar.s, new controller that utches the controller that's used on the parkway and then on 285, so this signal would be coordinated with that whole systetl and tied to the traffic departllent's c~uter systetl. Also it has prograuble signal heads and that 's so.ething that's probably unique in this city because nor.al- ly the signal heads if you're standing in the street fr011 any direction you can generally see what color the signal head is. A prograuble head has a certain, glass nubs on it so that it's totally directed in one direction so that sa.ebody standing off to the side can't really see what color it is, they don't know, if it's red or green . The reason that the traffic depart•nt reca..ended it for this location is because of the angle of the Intersection, we were having to face the signal at such a wide distance that it is very pos - sible that say s~ that's sitting here sees a red signal that says it's okay for tha to go out in this direction and then beca.es confused because they are driving and all of a sudden theres another set of signals. In that case, the only people that would see the prograuble head would be sitting hck at this location where they are stopped, so it provides s011e additional safety and eli•inates s011e confusion with the drivers. This contract also htcluded pt~tttng in accent lights along, adjacent to the bus pull -outs here aftd theft over along this side and to develop a way to tie those pole bases h1to the exhttng structure, and putting in s011e accent ltgflts here in t ts area just north of City Hall parking lot plus then street trees si•tlar to we..t we 've dOM on Bro..t.ay aftd on the Parkway. 've also included on re, just for your tnfo,..tion, that s011eti• in the future t fUftds are available aftd the rest of this area here on the old ICing Soopers site ts de · veloped that the street trees and the accent lights could bt conti-.d on to t east aftd eventually tie tn with t Englewood Par y tnten t on . 1 9 ss this was our way of s ing t le project ld tfe totet r with at 'v do t T nters tton, you 'll not c , aus of t angle It c s in , H cut a part of t CUy Hall PI tng lot n tht hav filled n t c t sp C ty do ng t ng , put ng cold tar ntc r . J s ba cally t at 's t proj t at c in nclud ng t , b d 1 n alt rn t 1 g t , t 1 pr c , t b d prtc Sl03,930 .40 11 o f 1 t !Milt th s t t r , t und th1 h v tod t th pro t , t 11 to pu r t .ly th , I o t 1 C It t co ld SIOO,OOO TO t II v 1 I . • • ,. - McCown: Where is our share ca.ing fro.? Ragland: Our share is ca.ing fro. the Road and Bridge Account. Originally we McCown: Monies are available? Ragland: The .antes are available in the six-quarter budget Road and Bridge fund to pay for this. Because of the costs situation, Andy, I've got this to look at. What we could eli•inate, save sa.e .aney, and perhaps do later, or have sa.eone else do. So we went back and started looking at what our options were. And basically, what we've ca.e up with is that we could eli•inate ac- cent lights on this side of the street, we could still put in accent lights here, RTD is, fro. the beginning has been real anxious to have accent lights in here because they felt that added -they really feel that this whole syste. is, enhances their bus systa in Englewood and they feel that this is .are like a transit center, not just a bus stop. So we also would then to save sa.e .aney reduce the size and perhaps the, basically the size of the land - scaping that we'd do -we'd still have sa.e trees, but they wouldn't be as large to start with and then s.aller shrubbery in there than what we original - ly proposed. In this area we would elt•inate the accent lights and just put in sod. Probably the ujor savings would ca.e fro. eli•inating the pro - gr ... ble signal head and eli•inating the controller . We 'd still would have to go with the new poles and ushntS in order to uke this work, there is no way of using the existing poles out there, the way we 're doing the intersection, it's not possible to do that, but •'d still have to buy the new poles , but we could s...tlat leu desirably get by with reusing the utsting trafftc con - troller ud 90ing wtth just tlw norul signal !wad . One of, probably the ujor i_,.ct of 90ing with tlw existing controller is .tlat happens with the pedestr1ans at tlw intersection. I '• not -on the first drawing here, the pedestrians were 90ing to have seperate phase to cross here, which right now ...,. you 90 out there, well, to tlw north side of Cfty Hall , lwre 's .tlere the signal ltfllt ts, and you cross over to here, there 's a handicapped r..., on each sfde and there 's really no phase for sc.tone to cross this part of t road. So tlw plan was to 90 a ad and put a seperate phase in, and that would be tlw ujor reason for needing the new controllers that tlwre would be the capabilities of handHng that •v t . at would have to happen is that all trafftc would stop tf sc.tone ld push that button to tet a pedestrian 90 sflftal, ot rwtst you know t re would be no reason to stop tlwre and tt just be the norul street traffic . In this ot r plan, t pedestrians ld continue to be He re and t 'f ld just hav to 90 w th t traff c as tt' s now -.orting . T only probl ld s , t ts only plt tn th di Uons, c•i fr.-t de , ld f to al ha to w tc t 1 t vift9S, with t 1 S44 , Sll, toO of that p s 9ftal ad. T 1200,000 hav ny tl SZ4,000 • • • because once you •ake the decision to have any lights, you've got to, you've got the panels, the circuit breakers , the ti~clocks to go with it, to ti~ it to get over here , and the wiring, so you know you don 't get 1 lot of savings with that. McCown: Oensel , if we reduced the contract in accordance with the state.ents you aade here, how .uch of that .oney would actually be taken fro. this par- ticular bid doc~nt that we have in front of us? Ragland: $20,400 . McCown: So we would award the full contract and then go back and eli•inlte those portions fro. the full contract . Ragland : We could do that. Vobejda: RTD is in favor of this naturally, it enhances their part of it and they are paying 501 of it anyway, up to the $100,000 li•it. Ragland/MCCown: Right. Van ~ke: What happens to the .antes if they are not used on this particular project? R19laftd : T y would stay in the ltHd and Bridge account and be recycled or be used ~te•t year for any other projects within the City . Van Oyb : So it's not ...ey that is lost if it's not used? R14Jland : That 's right. Van O,U : Well, I think that considering the location of that particular tnt rsection and future develop~~~nt pottnthl of Uncor property, I would sug- test that .. kMP our develop~~~nt to 1 •inl-and also considering the reveMe situation • .. •re talking U9,000 or $44 ,000, and it adds up, It's 1 signtflcant -.,unt of ...ey . If .. can save It today and have the foresight to realize that •ifht hav ..0. a •lstake if develop this out to tts fullest pottftttal, tf It needs to be redev loped In two years . So I 'd ltke t C n to consider those thoughts . Otis : Cood point . Htvel y: 'I ' co I . - • • • ,. • the .eetings that I 've been in that these kinds of iMProve.ents that the land - scaping, the l i ghting , the signal work and anything l i ke that were, are not on their property and are therefore the City 's responsibility . And they were very of course very pleased that we were uking these kinds of iMProve~~ents there . Higday: Well , does i t preclude th~. or does it , or i t still doesn 't allow th~ to circu.vent our landscape ordinance or stuff like that??? Ragland : No it doesn 't . They would not be able to use any of this over here . Van Dyke: May I interject, just a ..ent, frllll ._y own experience and recall - when lincor takes over that property , it 's very possible that part of that street will be vacated -as so.e of the alleys have been to Tr .... l Crow . Ragland : This i s designed with that vacation . Van Dyke : Okay , so i f that beco.es the i r property , they would be requ i red to fulfill landscape ordinance . Rag land: Here 's, th is is the proposed new property 1 t ne here . Van Dyke : Okay , and secondly , another thought -when Ros s, Freder i ck Ro ss worked on the project that Tr .... l Crow now own s, Frederick Ro ss took one po si tion when negotiating for tenant s and the property -Uncor lilY no t end up building that property , they lilY sell i t to another subd i vi s i on suc h a s Tr .. - •1 Crow . So ._y po i nt being we do not know the future s tatus of that property and I think i t would be wasted .oney to invest a lot of land scape and n ici t ies at th i s po i nt , espec i ally consideri ng the s tatus of ou r budget . Higday : Susan , wllat 's the difference between ae s thet ic expend i ture here and in the Englewood Parbly? Van Dyke : The Englewood Partway , I th i nk , ha s a longer li f e a t th is po int in ti•, a definitely longer life . Hi gday : What do you •an a longer li f e? Van Dyke : Well , we know that t he Englewood Part.ay is going to be a round for 15 yea rs a n1'fly, and I'• being conserv ative when I say tha t . don 't know tf tha t ,.rttng lot, tha t street h going t o be in that condition Z years fro. now . don 't know wllat 's going to happett . don 't tf possibly t land tha t ttty Hall fs sHttng on ts gotng to bee o valuable as Otftver ta es a tllrft -. cally that .. Y choos to ~tll tt of t val tt hold for tt 's located . t don 't f l tt i a fa s t alt rftatf t o xpend a lot of y for landsc and l t s at th s t t V jda : Was t U,OOO ? Htgday : A tot 1 o $44 -··· T to dO t I . • • ,. • th~t the total budget for the project would be reduced from SZ7Z ,OOO to wh~tever -•inus $44 ,000. Higd~y: Well, I cert~inly don't qu~rrel with Council ~r V~n Dykes ' logic by ~ny stretch of the i.agin~tion, but we h~ve ~11 been involved with downtown since our tenure begin ~ long, long ti~ ~go, ~nd to ~ w~y of thinking th~t 400 ye~rs ~go, ind while the st~tus of this ro~d •ight not be the s~.e in the future given wh~t his happened in ter.s of ti~ schedules on everything thit 's happened downtown, I feel pretty confident that this roadw~y is going to be here for quite a while to c~. and so I think probably for the addition~l costs, this is co.ing out of the Road and Bridge fund, I think I 'd like to go for the total package. Kozacek: Your honor, I'd like to c~nt along with Ji•, we've talked a lit - tle bit about the safety factor here by the bus stop, we were eli•inating one side that would have added sOle lighting on the bus stop as well. That would have been the west side as I see it here , and then the enchance~~ent of the parking lot for the library -granted the library .ay •ve s-.day down the road, but the ascetics for the library is for what little there is -now we 're talking S20 so.. thousand for the light, okay? Mow i f we eli•inated that spe - cial dual light , we are talking a very s.all ..ount of the budget to keep the landscaping enhanced , but I '• not opposed to eli•inating that new light fix - ture function s on the cross street until we know what actually is going to be used down the road for the new devel~nt . So I would be in favor of follow - ing along wi th J i • -enhance the City 's looks, at least over there where they 've been teari ng everything down, if we can enhance that look and show people that we are doing s-. things to i~~prove the looks , but as far as the light cycle , I could see us avoiding that until we know what, exactly what 's going in . Vobtjda : OM other question too, is on the RTD . If w delayed that unt il later and it wasft 't part of this change , they would no longer produce the 501 share ? If w did I t at a later ti .. ? Ragland : Delayed what part of i t? Vobtjda : Sly that a11ythhMJ that w 're reducing now and would try to do on eMir 011111 later , becau se certainly then RTD woulclft 't nece s sar il y be i nvolved , would el i •i ftate t 50S share that they would put i nto i t . Cou H r oz nd put n all l 9 tota 1 pro ject is n uld 's sugges on, ca ry and o on? I I . - • • • • Ragland : Sure , we could do that -eli •i nate the prognmable head and the traffic control . Tha t would be a savings of about $24,000 . Van Dyke: let 's not forget that once we put in all that nice , plush land - scape, it's going t o cost .oney to .. intain it , it 's going to co.e out of the city coffers . Ragland: That is one of the terws of the agreaent fro. RTD is that uin - tenance of the lands caping In this area would be by the City . Kozacek: The cost of that by what this states would be $27,000. Traffi c s i g - nalization installed by Englewood's traffic division is $27,000 . Ragland: Well we would -that $27,000 includes progra..ble heads . If we don 't have progra..ble heads, we would have to buy additional other regular heads. That 's why there is not, you can 't just el i •inate i t on the total . McCown : So i t wo ul d be so.ewhat less than $27 ,000 but not very .uch . Rag land : It wou 1 d be .ore than S20 , 000 . McCown : s.ewhere i n the ball park of .... Bil o : If we do sa.eth i ng l i ke th is and downg rade It, are we go ing to be s orry i n the future ? Van Dyke: I don't th i nk s o , I th i nk that we 'll al way s hav e an oppo r tun i t y to upgrade it . l t lo : At what cos t s? VM Dylte : We don't know that , Joe , but neve rthe less wha t if we have a bi g proj ect a year or two ,,.. now and we 're loMh"J t o t he Road and lrldfe f unds to COIIIPlete that and we •ttht be S40 -S50 ,000 sho r t. There 1s other po ssfbilt- t fes to look at as well . Bil o : At fi r s t , I wa s a ll In favor of cu t ttftg bac k on th is, bu t tf we went and d t d that all alOftg we wouldn 't hav e any t hiftg tha t wou l d hav e rea lly en- hanced t he ._t.,. project. Van Oylte: It's not a question of just trylftg to cut back landscape, cause I '• all for Jt._•, and 111 fMI greeMry, bettev , but I'• just trytftg to .. • you realistic about thts particular tnt rs tlon, btcaus l hav bttft r "9 on t Urban al Authority for a !MIIber of ars nd t re has a lot of d cusston and I just f 1 It ts a v ry t ~~ tnt rs tton as far as 1 vtty at thts potnt n t . And as a Council hav to .. a ston ed on nfo,...t on I try 1'9 to share wft and your thoughts . t s? laftd CIJ 1'9 • 'v dl cu t status about that par· 1 brary t I I • • - • • • • • Van Dyke: and the road -Girard . Kozacek: And the road Girard, the parking lot, yeah, I understand that, but I'• looking at the lights and landscaping that would be on the west side of the street that goes up that is actually the RTD and stuff -all that unless the City of Englewood ..... Van Dyke: Well, the RTO is fine. I think we need to acco..odate the. because they are sharing in the expense. I don't know about both sides . I don't know that we've really addressed the west side in either one of those diagra•s. Ragland: The west side -this area on this drawing shows accent lights in here. Van Dyke : Okay -it looks the s-. fro~~ here . Ragland: The value of that would be about Sl ,SOO. Higday: Well , I '• going to try it. CGUICIL ._. HIDY IMED, CGUICIL ..,_. UZAalt SO:.O, TO A1M1D THE mAL. liD NCUI( TO IITliiiiiiUS IMIMYS II THE M1D111T OF $103,130.40. Bilo : That includes the Alternate No. 1, right? Higday : Yes, as per bid . Kozacek: I 'l l second that . lilo: Without cutting back anything, Ji~? Higday: Yes. That's without cutting anyth ing . lilo: And the cuts would save us ~at? NcC~: Total cuts would save us $44 ,100. Otis: You'd still have the greenery, you 'd still have the accent lights, you just wouldn't have all that stuff along the ..... McCo.n: Of that 44 about ZO Is tn this contract wtth lftu.tnous . See put the whole proJect together for you to SH, not just thh port on of ft, but the whole proJect . Vobedja : And this dfd cut off the controller? R~land : The S44 ,000 would cut off t contro11 r . ltlo : 141t Jf~ says nothing was gotng to Otis : Afty furt r discussion? Pleas vote cut out . ~: ys : stahl : rs H gday, rs Va11 lo ,Ots I . • • • Absent: Motion defeated. Council Me.ber Bradshaw Higday: Next. MY. OTIS IMED, CCUICIL -.o VM DYU SE~, TO M1A1D TIE CCIITUCT TO IITUIIIIIIUS IIMIIIAYS Of C01.0UD0 Ill TIE MIUfr OF $103,130.40 IIITN CCUfTI. OUT TIE IEDUCTI-.JUST DJSCUSSED. Kozacek: All the reductions? Otis: Yes. Any discussion? Please vote. Ayes: Nays: Abstain : Absent: Notion carried. Council Mellbers Higday, Van Dyke, Vobejda, Bilo, Otis Council Mellber Kozacek llone Council Mellber Bradshaw Bilo: You know, it's Just a sh-w can 't follow through on our projects the WlJ • originally pl._... because it s._ that .._. w --..rade tit•, .._. 1t c.-s to the future, w loot back and say if w had only done .eat w should have done, w should have stuck by our guns . This 1s going to be an -other one of •r told you so• I thtnk. Van Dyb: I don't thhtk so, Joe. I really think our .,..tes will be Mry wll used in other parts of the city . I '• very opti•htic and this section tn U• h gotng to be gorveous . I . . • • • excerpt: City Council .eeting 9/8/87 -item 12(b) -McCown/1988 prop.bud. McCown: Your honor and IM!IIIbers of Council. I have two items to transmit to you. First of all, I was infor.ed this afternoon by Mayor Pro Tem Bradshaw that a state.ent that I •ade that was in the •inutes of August 3rd about school financing was not quite correct, and just for the sake of the minutes we need to correct that state.ent. At that ti.e, as you will recall, we were having a discussion on the reassess.ent issue and how that was going to affect •ill levies in the city and there was a lady here who was also .entioning schoo 1 financing and I stated at that t i.e that the schoo 1s were li•i ted to S.SS increase and anything over that, it would have to be a vote, and the school person, school board ..-ber, talked to Ms. Bradshaw and said that actu- ally the capital reserve 1s li•ited to a S.SS increase but the general fund for the schools is li•ited to a 2S increase. So if you'll just put that in the •inutes, Pat, that I stand corrected. Now that I have been corrected on that we will get into the 1988 proposed budget. Tonight we are sut.itting the proposed budget to you in accordance with the t1.etable that is des19ftated in the City Charter . As you are well aware, you have a public hearing scheduled on this particular docu.ent for Monday, Sep - te.ber Zl at 7:30 p.•. and at that ti.e we would certainly welco.e any ca..ent fro. citizens, business persons, Ch.-ber, whatever that would like to address Council on this particular issue. I ~ld like to .ake just a few ca..ents to you in regard to the tranwittal of the budget so that it will be on record. I . • • • • • chief in the fire deput•nt, a city service worker II in the public works/ street division, and a personnel technician in the e.ployee relations depart - •nt. The budget is sut.ttted to you with a rec~ndation for a .5~ or a half-penny increase in the sales tax -this would bring our total city's sales tax up 3.5~. This is in keeping with the uount of tax that is currently levied in Denver and Aurora and several other cities in the •tropolitan area. It does not include food and we will still be one of the few cities in the .etropolitan area that does not have a sales tax on food. This will be the first sales tax increase in so.e, approxi.ately 15 years in the City of Engle- wood. The other funds are in relatively good shape. The public iiiiProv ... nt fund continues to go downward also as it relies pri.arily upon the use tax f~ building, building .aterials and vehicle sales, and accordingly that fund has been reduced this year and has been further reduced next year. You •ight also recall that a large portion of the public tiiiProv.-nt fund used to co.e f~ general revenue shartng. We used to receive S6Z5,000 a year . That has been totally eli•tnated and that c-out of the public tiiiProv...nt fund also. The golf course fund continues to be tn excellent shape, we have had an ex - cellent year in that particular fund. We have not had an tncrease tho tn two years now. In a survey of all the •tropolttan courses and dtstrtct courses tn the •tropol itan area, we found that we are just about the lowest price golf course tn the entire Denver area. We are rec.-ndtng an average of Sl. 50 tncrease per ntne holes . The Vater and Sewer funds continue to be the two best funds that the City has . Both of t~ have excellent reserves, ex - cellent worktng capttal, and no tncreases are reca••nded for etther one of those funds. And I dtdn't go back and look up the last tt• we had a water or s ... r rate tncrease, but I think tt 's been at least etght years and I thtnk that 's probably a record, I would suspect, tn this •tropolttan area for water and sewr serv tee . So therefore, tt 's not a real happy ._...t that we sut.tt to you. It con - tinues to call for further reductt011s tn -.loy.~At, tt c011ttaues to call for belt -tt ... t.iag on all the vartous clepart..ts in the Ctty . There ts nothtng new tn Mre, there ts no ... servtces, or uytllt"' else ts bet"' planned . It 's just a status quo ._...t, ud I kMw you get tired of that to,., but that 's lbout the 011ly t.,. we c• use these last fw years . "''re not real happy to sut.tt tt to you, but RevertMless tt has to be doae . So agatn , we look forward to the heartag on Septellber Zl. Frtctu, Sept..eer II we wtll have a suppl-tal packet of tnfo,.tiOII c•tnv to you for r.!'r ._...t re - treat whtcll h scheduled the last WIMkeftd i n Septellber , and 11 l ook forward to go i ng tnto treat deta i l at that t t ... I .