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Home My WebLink About1986-01-20 (Regular) Meeting Agenda• • • 0 CITY COUNCIL MEETING 1/20/86 • • • • • 0 ru ~cJ~ 'f ~ a-y c:1 o, /$'.PC. 0 1'!-rt~ k1.u, / 7 , J', 9' /Q tfbzvt . d!, J/ 1 s: ~~ I . • • • REGULAR MEETING: • • • COUNCIL CHAMBERS City of Englewood , Colorado Janua r y 20 , 1986 ----- a n7 e ??ded!. -%;~'" fot e ~ The City Council of the City of Englewood , Arapahoe County , Colorado, met in regular session on January 20 ,1986 , at 7:30p .m. Mayo r Otis , pre s iding , c alled the meetin g to ord er. The invocation was given by Council Member Higday . The pledge of alleg i ance was presented by Cub Scout Tr oop No. 333 . Mayor Otis asked for roll call . Upon a call of the r oll , the following were present: Counc i l Members Higday , Van Dyke , Vobejda , Bilo , Kozacek , Brad shaw , Ot i s . The Mayor declared a quorum present . * * * * * Als o present were : City Manage r McCown As sistant City Manager Varga s City Attorney Olsen As si s tant Director of Planning Romans Deputy City Clerk Crow * * * * * MAYOR PRO TEM BRADSHAW MOVED, SECONDE D BY CO UNCIL MEMBER BILO, FOR APPRO VAL OF THE MINUTES OF REGULAR MEETING OF JA NUARY 6, 1986. Upon a call of the roll, the vote resulted as follows: Ayes: Council Member Higday, Van Dyke, Vobejda, Bilo, Kozacek, Bradshaw, Otis. I • • • • • • City Council Meeting -January 20, 1986 Page 2 The Mayor declared the motion carried. * * * * * MAYOR PRO TEM BRADSHAW MOVED, SECONDED BY COUNCIL MEMBER BILO, FOR APPROVAL OF THE MINUTES OF SPECIAL MEETING OF JANUARY 13, 1986. Upon a call of the roll, the vote resulted as follows: Ayes: Council Member Van Dyke, Bilo, Kozacek , Bradshaw, Otis. Abstain: Council Members Hi9day, Vobejda. The Mayor declared the motion carried. * * * * * Ken Nyberg, representing the Englewood Jaycees , was present and requested City Council to approve a proclamation proclaiming January 19 -25, 1986, as National Jaycees Week. COUNCIL MEMBER HIGDAY MOVED, SECONDED BY COUNCIL MEMBER BRADSHAW FOR APPROVAL OF THE PROCLAMATION . Upon a call of the roll , the vote resulted as follows: Ayes : Council Member Higday , Van Dyke, Vobejda , Bilo, Kozacek, Bradshaw, Otis. The Mayor declared the motion carried. The Mayor presented the proclamation to Mr . Nyberg, congratulating the organization on their 50 years of sponsoring the annual fire works display in Englewood. Mr. Nyberg expressed appreciation for Council's support in this matter. * * * * * COUNCIL MEMBER BRADSHAW MOVED, SECONDED BY COUNCIL MEMBER VAN DYKE FOR APPROVAL OF PROCLAMATION PROCLAIMING THE MONTH OF FEBRUARY AS AMERICAN HISTORY MONTH. Upon a call of the roll, the vote resulted as follows: Ayes : Council Member Higday , Van Dyke, Vobejda , Bilo , Kozacek , Bradshaw, Otis . The Mayo r de clared the motion carried . * * * * * Consent agenda i tems were: (a) (b) Minutes of the Urban Renewal Au t hority meeting of December 4 and 23, 1985. Ordinance approving a deed fo r a ten -foot strip of land at the Bi -City WWTP to Lillard and Clark . I • • • • • • City Council Meeting -January 20, 1986 Page 3 (c) Ordinance amending the Englewood Municipal Code regarding adult entertainment establishments in order to more effectively regulate them. (d) Ordinance amending the Englewood Municipal Code to clarify and further define "illegal weapon." COUNCIL MEMBER VAN DYKE MOVED, SECONDED BY COUNCIL MEMBER KOZACEK, TO ACCEPT CONSENT AGENDA ITEMS 9 (a) THROUGH (d). Upon a call of the roll, the vote resulted as follows: Ayes: Council Member Higday, Van Dyke, Vobejda, Bilo, Kozacek, Bradshaw, Otis. The Mayor declared the motion carried. * * * * * Consent agenda item 9(b) was hereby numbered Ordinance No. 2, Series of 1986 . Consent agenda item 9(c) was hereby numbered Ordinance No. 3, Series of 1986. Consent agenda item 9(c) was hereby numbered Ordinance No . 4, Series of 1986 . * * * * * Item 11(a) -a Resolution to approve the 300 west Belleview Avenue Planned Development was brought before Council. Dorothy A. Romans, Assistant Director for Planning, under oath, presented a summary of the history of the zoning of the property at 300 West Belleview Avenue. The report also included information on the annexation of the area. She provided a copy of the memorandum to Sanford Metzel, President of Sanford Companies, and the Clerk. This report is made a part of the official record of this meeting. Council Member Gary Kozacek was sworn in in order to present substantive evidence on the matter, stating he had met with the Highway Department and that by his calculations the proposed buildings would be only six feet from the accel/decel lanes. The item under discussion was tabled by motion of Council Member Bradshaw, seconded by Council Member Higday with unanimous approval of Council members. * * * * * Council moved on to other business on the agenda . City Manager McCown presented background information and the resolution of intent to form Paving District No . 31. He recommended passage of the resolution which also sets the public hearing for February 24, 1986, at 7:30 p.m. in Council Chambers . The proposed streets and estimated costs were provided Council . I • • - • City Council Meeting -January 20, 1986 Page 4 RESOLUTION NO. 6 SERIES OF 1986 • • - A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF ENGLEWOOD, COLORADO, TO CREATE A SPECIAL IMPROVEMENT DISTRICT IN THE CITY, TO BE DESIGNATED AS PAVING DISTRICT NO. 31, ADOPTING DETAILS AND SPECIFICATIONS FOR THE PROPOSED DISTRICT, AND ORDERING PUBLICATION AND MAILING OF THE NOTICE OF HEARING TO THE OWNERS OF THE PROPERTY TO BE ASSESSED FOR IMPROVEMENTS IN THE DISTRICT . COUNCIL MEMBER HIGDAY MOVED, SECONDED BY COUNCIL MEMBER VOBEJDA, FOR THE PASSAGE OF RESOLUTION NO. 6, SERIES OF 1986, AND SETTING THE DATE OF FEBRUARY 24, 1986 AT 7:30 P.M. FOR THE PUBLIC HEARING ON THE INTENT TO FORM PAVING DISTRICT NO. 31 . Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Van Dyke, Vobejda, Kozacek, Bilo , Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. * * * * * The matter of 300 West Belleview Planned Development was removed from the table by motion of Council Member Bradshaw, seconded by Council Member Bilo and unanimous approval of City Council. Mr. Wagner, architect for Sanford Metzel, rebutted by saying the project plans had been formally submitted to and approved by the Colorado Highway Department and by his calculations the accel /dece l lane would be much further (12 feet). Mr . Wagner further stated they did not wish to rebut any of the information presented to Council in Ms. Romans' report which had been entered into the record earlier . RESOLUTION NO. 7 SERIES OF 1986 A RESOLUTION ADOPTING THE FINDINGS, CONCLUSION AND DECISION OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, REGARDING THE PLANNED DEVELOPMENT BY SANFORD COMPANIES AT 300 WEST BELLEVIEW AVENUE. MAYOR OTIS MOVED, SECONDED BY COUNCILMEMBER VOBEJDA, FOR PASSAGE OF RESOLUTION NO. 7. AMENDMENTS TO THE RESOLUTION WERE OFFERED BY COUNCIL MEMBER KOZACEK AS FOLLOWS: AMENDMENT NO. 1 · PARAGRAPH NO . 1, ADDING A NEW SUB-PARAGRAPH D. REQUIRING AT THE EXIT OF THE PROJECT A RIGHT/LEFT TURN ONLY. MOTION FOR AMENDMENT NO. 1 WAS SECONDED BY COUNCIL MEMBER VAN DYKE. Upon a call of the roll the vote resulted as follows : Ayes: Council Member Higday, Van Dyke, Vobejda, Bilo, Kozacek , Bradshaw . I . • City Council Meeting -January 20, 1986 Page 5 Nays: Mayor Otis. The Mayor declared the motion carried. • • • AMENDMENT NO. 2, AMENDING PARAGRAPH 1.A TO ELIMINATE THE REQUIREMENT OF THE TWO-YEAR TRAFFIC STUDY, ORDERING THAT THE LIGHT BE INSTALLED IMMEDIATELY. MOTION FOR AMENDMENT NO. 2 WAS SECONDED BY COUNCIL MEMBER VAN DYKE. After discussion and upon a call of roll, the vote resulted as follows: Ayes: Council Member Kozacek. Nays: Council Member Higday, Van Dyke, Vobejda, Bilo, Bradshaw, Otis . The Mayor declared the motion defeated. AMENDMENT NO. 3 -PARAGRAPH 1, ADDING SUB-SECTION D, REQUIRING AN EIGHT-FOOT SOLID SOUND BARRIER FENCE WHERE THERE WOULD BE NO BREAKS FOR THE SIDEWALKS GOING UP TO THE DOORWAYS, THE ONLY BREAK OCCURRING WOULD BE THE DRIVEWAY BECAUSE OTHERWISE IT WOULD NOT BE EFFECTIVE . MOTION FOR AMENDMENT NO. 3 WAS SECONDED BY COUNCIL MEMBER VAN DYKE . After discussion and upon a call of roll, the vote resulted as follows: Ayes : Council Member Kozacek. Nays: Council Members Higday, Van Dyke, Vobejda, Bilo, Bradshaw, Otis. The Mayor declared the motion defeated. He also pointed out that the remaining three items had already been agreed to by the developer and would therefore not require formal amendments. MAYOR OTIS CALLED FOR THE VOTE ON THE ORIGINAL MOTION AS AMENDED. After comments to the audience by Council Members and upon a call of the roll, the vote resulted as follows: Ayes: Council Members Van Dyke, Vobejda, Bilo, Otis. Nays: Council Members Higday, Kozacek, Bradshaw. The Mayor declared the motion carried . * * * * * City Manager McCown presented information concerning the agreement between the City of Englewood and the State Department of Highways relative to installation of a sidewalk along the north side of Belleview east of Broadway . He recommended passage of a bill for an ordinance authorizing execution of the contract, stating the cost to the City is estimated at $20,000 which has been budgeted. I • • • City Council Meeting -January 20, 1986 Page 6 • • • BY AUTHORITY ORDINANCE NO. SERIES OF 1986 --COUNCIL BILL NO. 6 INTRODUCED BY COUNCIL MEMBER BRADSHAWA BILL FOR AN ORDINANCE APPROVING THE CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, FOR IMPROVEMENTS AT THE INTERSECTION OF SOUTH BROADWAY AND BELLEVIEW AVENUE . COUNCIL MEMBER BRADSHAW MOVED, SECONDED BY COUNCIL MEMBER BILO, FOR THE PASSAGE OF COUNCIL BILL NO. 6, SERIES OF 1986. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday , Van Dyke, Vobejda , Kozacek, Bilo, Bradshaw, Otis . Nays: None. The Mayor declared the motion carried. * * * * * The agreement between the Englewood Public Library and Southeast Metropolitan Board of Cooperative Services (SEMBCS) was presented by City Manager McCown who recommended approval of a bill for an ordinance authorizing the contract for 1986. ORDINANCE NO. SERIES OF 1986-- BY AUTHORITY A BILL FOR COUNCIL BILL NO. 5 INTRODUCED BY COUNCIL MEMBER VOBEJDA AN ORDINANCE APPROVING THE 1986 CONTRACT BETWEEN THE ENGLEWOOD PUBLIC LIBRARY AND SEMBCS (SOUTHEAST METROPOLITAN BOARD OF COOPERATIVE SERVICES) FOR CATALOGING AND PROCESSING SERVICES FOR LIBRARY MATERIALS. COUNCIL MEMBER VOBEJDA MOVED, SECONDED BY COUNCIL MEMBER BILO, FOR PASSAGE OF COUNCIL BILL NO. 5, SERIES OF 1986. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Van Dyke, Vobejda, Kozacek, Bilo, Bradshaw , Otis. Nays: None. The Mayor declared the motion carried. * * * * * City Attorney Olsen brought to Council's attention a matter involving the Court and the need for proper notification of cases pending before the Court as it relates to victims beino notified of hearinQs . • I . • City Council Meeting -January 20, 1986 Page 7 • • • -------- COUNCIL MEMBER BRADSHAW MOVED, SECONDED BY COUNCIL MEMBER KOZACEK, TO DISBURSE MONIES FROM THE AID TO OTHER AGENCIES BUDGET AS FOLLOWS: INTER-FAITH TASK FORCE ARAPAHOE HOUSE COMMUNITY ARTS SYMPHONY MEALS ON WHEELS ENGLEWOOD JAYCEES ARAPAHOE SUMMER FESTIVAL TREE/PLAQ UE HONORING JOHN NEAL TOTAL $13,000 4,000 1,500 3,500 3,500 500 333 $26,333. Up on a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Van Dyke, Vobejda, Kozacek, Silo, Bradshaw, Otis. Nays: None . The Mayor declared the motion carried. * * * * * COUNCIL MEMBER BRADSHAW ANNOUNCED THE FOLLOWING APPOINTMENTS OF CITY COUNCIL MEMBERS TO VARIOUS ADVISORY BOARDS: Englewood Downtown Development Authority -Mayor Otis Retirement Board -Council Member Vobejda Water & Sewer Board -Mayor Otis, Council Members Higday and Vobejda Fire/Police Pension Boards -Mayor Otis Housing Authority -Council Member Kozacek (to a term of office expiring July 1, 1989 Parks & Recreation Commission -Council Member Higday (to a term of office expiring February 1, 1990 School/City Committee -Council Members Silo and Vobejda Denver Regional Council of Governments -Council Member Silo as delegate; Council Member Bradshaw as alternate Council Member Bradshaw will remain on the Parks and Recreation Commission; Council Member Van Dyke will remain on the Urban Renewal Authority. * * * * * Mayor Otis announced that City Council will make citizen appointments to advisory boards at the next Council meeting . * * * * * • I • • - • • City Council Meeting -January 20, 1986 Page 8 • • • COUNCIL MEMBER KOZACEK MOVED TO ADJOURN THE MEETING. THE MEETING WAS ADJOURNED WITHOUT A VOTE AT 8:50 P.M . . ~~YY.~r Deputy City Clerk • I . - • • City Council Meeting -January 20, 1986 Page 8 • • • COUNCIL MEMBER KOZACEK MOVED TO ADJOURN THE MEETING . THE MEETING WAS ADJOURNED WITHOUT A VOTE AT 8:50 P.M . ~~Y:I~ Deputy City Clerk • I . • • REGULAR MEETING: • • - COUNCIL CHAMBERS City of Englewood, Colorado January 20, 1986 ----- ---- The City Council of the City of Englewood , Arapahoe County, Colorado, met in regular session on January 20,1986, at 7:30p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Higday. The pledge of allegiance was presented by Cub Scout Troop No. 333 . Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Van Dyke, Vobejda, Bilo, Kozacek, Bradshaw, Otis . The Mayor declared a quorum present. * * * * * Also present were: City Manager McCown Assi st ant City Manager Vargas City Attorney Olsen Assistant Director of Planning Romans Deputy City Clerk Crow * * * * * MAYOR PRO TEM BRADSHAW MOVED , SECONDED BY COUNCIL MEMBER BILO, FOR APPROVAL OF THE MINUTES OF REGULAR MEETING OF JANUARY 6, 1986 . Upon a call of the roll, the vote resulted as follows: Ayes: Council Member Higday, Van Dyke, Vobe jda, Bilo, Kozacek, Bradsh aw, Otis. I • • • • • ----------~=~--------------- • City Cou nc il Me et i ng -Jan uary 20, 1986 Page 2 The Mayor dec lared the mot i on carried . * * * * * MAYOR PRO TEM BRADSHAW MOVED, SECONDED BY COUNCIL MEMBER BILO, FOR APPROVAL OF THE MI NUTES OF SPECIAL MEETING OF JANUARY 13, 1986. Upon a call of the roll , the vot e re s ulted as follows: Aye s: Council Member Van Dyke, Bilo , Kozacek , Bradshaw, Otis. Abstain: Council Members Hig day, Vo bejda. The Mayor declared the motion carried. * * * * * Ken Nyberg, representing th e Eng l ewood J aycee s, was prese nt and requested Ci ty Council t o approve a procl amat i on pr oc l a imi ng January 19 -25 , 1986 , as Natio na l Jayc ees Week. COUNCI L MEMB ER HIG DAY MOVED , SECONDED BY COUNCIL MEMBER BRADSHAW FOR APPROVAL OF THE PR OCLA MA TIO N. Upo n a cal l of the r oll, the vote resulted as follows: Ayes : Counc il Member Higday, Van Dyke, Vobejda, Bi lo , Kozacek, Bradshaw, Otis . The Mayo r declared the motion carr i ed. The Mayor presented the proclamation to Mr. Nyberg, congratulating the organfzation on their 50 years of sponsoring the annual fire works display in Englewood . Mr . Nyberg expressed appreciation for Council's support in this matte r. * * * * * COUNC I L MEMBER BRAD SHAW MOVED , SECONDED BY COUNCIL MEMBER VAN DYKE FOR APPROV AL OF PRO CLAMATI ON PROCLAIMING THE MONTH OF FEBRUARY AS AMERICAN HISTOR Y MONTH. Upon a call of th e r ol l , t he vote re s ulted as follows : Ayes: Council Mem ber Higday, Van Dyke, Vob ejda, Bilo, Koza cek, Bradshaw, Otis. The Mayor declared the motion carried. * * * * * Consent agenda items were: (a) (b) Minutes of the Urban Re newal Authority meeti ng of December 4 and 23, 19 85 . Ordinance approving a deed for a ten-fo ot st r i p of land at the Bi -City WWTP to Lillard and Clar k . • I • • • • • - ------------------~~-=~==~---- • City Council Meeting -January 20, 1986 Page 3 (c) Ordinance amending the Englewood Municipal Code regarding adult entertainment establishments in order to more effectively regulate them. (d) Ordinance amending the Englewood Municipal Code to clarify and further define "illegal weapon." COUNCIL MEMBER VAN DYKE MOVED, SECONDED BY COUNCIL MEMBER KOZACEK, TO ACCEPT CONSENT AGENDA ITEMS 9 (a) THROUGH (d). Upon a call of the roll, the vote resulted as follows: Ayes: Council Member Higday, Van Dyke, Vobejda, Bilo, Kozacek, Bradshaw, Otis. The Mayor declared the motion carried. * * * * * Consent agenda item 9(b) was hereby numbered Ordinance No. 2' Series of 1986. Consent agenda item 9(c) was hereby numbered Ordinance No. 3, Series of 1986. Consent agenda item 9(c) was hereby numbered Ordinance No . 4, Series of 1986. * * * * * Item 11(a) -a Resolution to approve the 300 west Belleview Avenue Planned Development was brought before Council. Dorothy A. Romans, Assistant Director for Planning, under oath, presented a summary of the history of the zoning of the property at 300 West Belleview Avenue. The report also included information on the annexation of the area. She provided a copy of the memorandum to Sanford Metzel, President of Sanford Companies, and the Clerk. This report is made a part of the official record of this meeting. Council Member Gary Kozacek was sworn in in order to present substantive evidence on the matter, stating he had met with the Highway Department and that by his calculations the proposed buildings would be only six feet from the accel/decel lanes. The item under discussion was tabled by motion of Council Member Bradshaw, seconded by Council Member Higday with unanimous approval of Council members . * * * * * Council moved on to other business on the agenda. City Manager McCown presented background information and the resolution of inte nt to form Paving District No . 31. He recommended passage of the resolution which also sets the public hearing for February 24, 1986, at 7:30 p.m. in Council Chambers . The proposed streets and estimated costs were provided Council. • I • • • City Council Meeting -January 20, 1986 Page 4 RESOLUTION NO. 6 SERIES OF 1986 • • - A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF ENGLEWOOD, COLORADO, TO CREATE A SPECIAL IMPROVEMENT DISTRICT IN THE CITY, TO BE DESIGNATED AS PAVING DISTRICT NO . 31, ADOPTING DETAILS AND SPECIFICATIONS FOR THE PROPOSED DISTRICT, AND ORDERING PUBLICATION AND MAILING OF THE NOTICE OF HEARING TO THE OWNERS OF THE PROPERTY TO BE ASSESSED FOR IMPROVEMENTS IN THE DISTRICT. COUNCIL MEMBER HIGDAY MOVED, SECONDED BY COUNCIL MEMBER VOBEJDA, FOR THE PASSAGE OF RESOLUTION NO. 6, SERIES OF 1986, AND SETTING THE DATE OF FEBRUARY 24, 1986 AT 7:30 P.M. FOR THE PUBLIC HEARING ON THE INTENT TO FORM PAVING DISTRICT NO. 31. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Van Dyke, Vobejda, Kozacek, Silo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried . * * * * * The matter of 300 West Belleview Planned Development was removed from the table by motion of Council Member Bradshaw, seconded by Council Member Silo and unanimous approval of City Council. Mr. Wagner, arch itect for Sanford Metzel, rebutted by saying the project plans had been formally submitted to and approved by the Colorado Highway Department and by his calculat ions the acce l/decel lane would be much further (12 feet). Mr. Wagner further stated they did not wish to rebut any of the information presented to Council in Ms. Romans' report which had been entered into the record earlier. RESOLUTION NO. 7 SERIES OF 1986 A RESOLUTION ADOPTING THE FINDINGS, CONCLUSION AND DECISION OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, REGARDING THE PLANNED DEVELOPMENT BY SANFORD COMPANIES AT 300 WEST BELLEVIEW AVENUE. MAYOR OTIS MOVED, SECONDED BY COUNCILMEMBER VOBEJDA, FOR PASSAGE OF RESOLUTION NO. 7. AMENDMENTS TO THE RESOLUTION WERE OFFERED BY COUNCIL MEMBER KOZACEK AS FOLLOWS: AMENDMENT NO. l -PARAGRAPH NO. l, ADDING A NEW SUB-PARAGRAPH D. REQUIRING AT THE EXIT OF THE PROJECT A RIGHT/LEFT TURN ONLY. MOTION FOR AMENDMENT NO. 1 WAS SECONDED BY COUNCIL MEMBER VAN DYKE. Upon a call of the roll the vote resulted as follows : Ayes: Council Member Higday, Van Dyke, Vobejda, Silo, Kozacek, Bradshaw . • I . • • City Council Meeting -January 20, 1986 Page 5 Nays: Mayor Otis. The Mayor declared the motion carried. • • • AMENDMENT NO. 2, AMENDING PARAGRAPH 1.A TO ELIMINATE THE REQUIREMENT OF THE TWO-YEAR TRAFFIC STUDY, ORDERING THAT THE LIGHT BE INSTALLED IMMEDIATELY. MOTION FOR AMENDMENT NO. 2 WAS SECONDED BY COUNCIL MEMBER VAN DYKE. After discussion and upon a call of roll, the vote resulted as follows : Ayes: Council Member Kozacek. Nays: Council Member Higday, Van Dyke, Vobejda, Bilo, Bradshaw, Otis. The Mayor declared the motion defeated . AMENDMENT NO. 3 -PARAGRAPH 1, ADDING SUB-SECTION D, REQUIRING AN EIGHT-FOOT SOLID SOUND BARRIER FENCE WHERE THERE WOULD BE NO BREAKS FOR THE SIDEWALKS GOING UP TO THE DOORWAYS, THE ONLY BREAK OCCURRING WOULD BE THE DRIVEWAY BECAUSE OTHERWISE IT WOULD NOT BE EFFECTIVE. MOTION FOR AMENDMENT NO. 3 WAS SECONDED BY COUNCIL MEMBER VAN DYKE. After discussion and upon a call of roll, the vote resulted as follows: Ayes: Council Member Kozacek. Nays: Council Members Higday, Van Dyke, Vobejda, Bilo, Bradshaw, Otis. The Mayor declared the motion defeated. He also pointed out that the remaining three items had already been agreed to by the develqper and would therefore not require formal amendments. MAYOR OTIS CALLED FOR THE VOTE ON THE ORIGINAL MOTION AS AMENDED. After comments to the audience by Council Members and upon a call of the roll , the vote resulted as follows : Ayes : Council Members Van Dyke, Vobejda, Bilo, Otis . Nays: Council Members Higday, Kozacek, Bradshaw . The Mayor declared the motion carried. * * * * * City Manager McCown presented in format ion concerning the agreement between the City of Englewood and the State Department of Highways relative to inst allat ion of a sidewalk along the north sid e of Bellev ie w east of Broadway . He recommended passage of a bill for an ordinance authorizing execution of the contr act, stating the cost to the City is estimated at $20,000 which has been budgeted. • I • • • City Council Meeting -January 20, 1986 Pag e 6 • • • BY AUTHORITY COUNCIL BILL NO. 6 ORDINANCE NO. SERIES OF 1986--INTRODUCED BY COUNCIL MEMBER ~ BRADSHAWA Bill FGR ~..R eLt 7 -<f'pt, ~ AN ORDINANCE APPROVING THE CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE ~ STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, FOR IMPROVEMENTS AT THE INTERSECTION OF SOUTH BROADWAY AND BELLEVIEW AVENUE. COUNCIL MEMBER BRADSHAW MOVED, SECONDED BY COUNCIL MEMBER BILO, FOR THE PASSAGE OF COUNCIL BILL NO. 6, SERIES OF 1986. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Van Dyke, Vobejda, Kozacek, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. • • • • • The agreement between the Englewood Public Library and Southeast Metropolitan Board of Cooperative Services (SEMBCS) was presented by City Manager McCown who recommended approval of a bill for an ordinance authorizing the contract for 1986. ORDINANCE NO. SERIES OF 1986-- BY AUTHORITY A BILL FOR COUNCIL BILL NO. 5 INTRODUCED BY COUNCIL MEMBER VOBEJDA AN ORDINANCE APPROVING THE 1986 CONTRACT BETWEEN THE ENGLEWOOD PUBLIC LIBRARY AND SEMBCS (SOUTHEAST METROPOLITAN BOARD OF COOPERATIVE SERVICES) FOR CATALOGING AND PROCESSING SERVICES FOR LIBRARY MATERIALS. COUNCIL MEMBER VOBEJDA MOVED, SECONDED BY COUNCIL MEMBER BILO, FOR PASSAGE OF COUNCIL BILL NO . 5, SERIES OF 1986 . Upon a call of the roll, the vote resulted as follows : Ayes: Counc i l Members Higday, Van Dyke, Vobejda, Kozacek, Bilo, Bradshaw , Otis . Nays : None. The Mayor declared the motion carried. • • • • • City Attorney Olsen brought to Council's attention a matter involving the Court and the need for proper notification of cases pending before the Court as it relates to victims beino notified of hearinqs . • I . • City Council Meeting -January 20, 1986 Page 7 • • • COUNCIL MEMBER BRADSHAW MOVED, SECONDED BY COUNCIL MEMBER KOZACEK, TO DISBURSE MONIES FROM THE AID TO OTHER AGENCIES BUDGET AS FOLLOWS: INTER-FAITH TASK FORCE ARAPAHOE HOUSE COMMUNITY ARTS SYMPHONY MEALS ON WHEELS ENGLEWOOD JAYCEES ARAPAHOE SUMMER FESTIVAL TREE/PLAQUE HONORING JOHN NEAL TOTAL $13,000 4 ,000 1 '500 3 ,500 3,500 500 333 $26,333 . Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Higday, Van Dyke, Vobejda, Kozacek, Bilo, Bradshaw, Otis. Nays : None. Th e Mayor declared the motion carried . * * * * * COUNCIL MEMBER BRADSHAW ANNOUNCED THE FOLLOWING APPOINTMENTS OF CITY COUNCIL MEMBERS TO VARIOUS ADVISORY BOARDS: Englewood Downtown Development Authority -Mayor Otis Retirement Board -Council Member Vobejda Water & Sewer Board -Mayor Otis , Council Members Higday and Vobejda Fire/Police Pension Boards-Mayor Otis Hous i ng Authority -Council Member Kozacek (to a term of office expiring July 1, 1989 Parks & Recreation Commission -Council Member Higday (to a term of office expiring February 1, 1990 School/City Committee -Counc il Members Bilo and Vobejda Denver Regional Council of Governments -Council Member Bilo as delegate; Council Member Bradshaw as alternate Council Member Bradshaw wi ll remain on the Parks and Recreation Comm i ssion; Council Member Van Dyke will remain on the Urban Renewal Author i ty . * * * * * Mayo r Otis announced that City Council will make citizen appointments to advis ory boards at the next Council meeting. * * * * * • I • • - • City Council Meeting -January 20, 1986 Page 8 • • • COUNCIL MEMBER KOZACEK MOVED TO ADJOURN THE MEETING. THE MEETING WAS ADJOURNED WITHOUT A VOTE AT 8:50 P.M. -~~vc.~ Deputy City Clerk • I . . • 1. 2. 3. 4. 5. • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL JANUARY 20, 1986 7:30 P.M. Call to order. Y)/ or ~ ~ ~k~-) Invocation by 9 •• ~ ... ~~r, Hampden Hills tist Church, East Dartaouth and South University Blvd. Pledge o! allegiance by Cub Scout Troop 1333. c~~~ ih<t I'{. try-d. c.Jv Roll call. V~ ~ -V I:J..iL, (/~A. &~ Bap- ~ &.lv.J .t..L.( __._......rif~ue""J (a) Minutes o! the regular meeting o! January 6, 1986. ~~~ Minutes. (b) Minutes o! the special meeting o! January 13, 1986 (7:20 p.m.). ~.,( 6, Pre-Scheduled Visitors. (Please limit your presentation to 10 minutes.) ~ 7. Non-Scheduled Visitors. (Please limit your presentation to 5 minutes.) 4./_ ~ ~/( 9 ' 'fp /1'1 i ~"71 <2./ ~ a.<-~ t- '\.'-" ___f.u .../, ~ /9 -c9 s t>\.. (_a. .... -:u ~. r .,..., o · 04 'n ca.) ~ ~ (...</~<....«:_/ • I • • -• • • ~anuary 20, 1986 Page 2 9. Communications and Proclamations. (a) Proclamation declaring the month of February as American History Month. Consent Agenda. (a) (b) (c) (d) Minutes of the Urban Renewal Authority meeting of Decem- ber 4 and 23, 1985. Ordinanc~~p~oving a deed for a ten-foot strip of land at the Bi-City WWTP to Lillard and Clark. /}{;3 Ordinance amending the Englewood Municipal Code regard- ing adult entertainment establishments in order to more effectively regulate them. Afpt/ Ordinance amending the Englewood Municipal Code to clarify and further define "illegal weapon." 10. Public Hearing. 1~. Ordinances, Resolutions and Motions. IJ.-Clfo'IL~ndn£. # 7 (a) Resolution to approve the ~00 West Belleview Avenue ,1;3;~ .. ~ Planned Development located on the south side of West ~ ~~ Belleview avenue, west of K-Mart. b) Recommendatio~~he Engineering Services Department to approve a Resolution declaring the intent to form 1 Paving District No. 31 and to set a public hearing for February 24, 1986. c, A~ c.,. -..-411. 4' d<J..A. ~L <v--' ~(c) Recommendation ~~he PU61~c Works Department to adopt a Bill for an Ordinance approvi ng a contract between the City and the Colorado department of Highways for side-'//0 wa l k improvements at South Broadway and Belleview Avenue at a cost of $20,000 to the Ci ty . (1 ~ .s-r:;f 'l ~::1 A...-Recommendation-:frCim the L brary Department to approve ;.__<d) <a the 1986 contract for the classi fication, cataloging and processing of library materials between the Englewood Public Library and SEMBCS (Southeast Metro Board of Cooperative Services) materi a l s at a cost of $18,000 to the City . • • I • • ~a nuary 20, 1986 Page 3 12. City Manager's Report. • • • /;' ~{.tf.~ l(f . "-t.'-/../ I~..../ t:Ct,. (," {.. r "c'-"--' J A' c.-/· ~ ~(i) 1--0 Recommendation to approve a motion allocating $25,000 from the Aid to Other Agencies budget to: Interfaith Task Force -$13,000; Arapahoe House - $4,000; community Arts Symphony -$1,500; Meals on Wheels-$3,500; and Englewood Jaycees-$3~~~~~~ ac:t.chd..--St?t'.a7 at~ ,;;.~~ (b) Council Member's Choice. t333.oo ~../?~) 15. Adjournment. /:!fJf 111 . 1 ~ / ()JJJ'i&L ANDY~ COWN Citf"":M~nager AM/Sb • I . . • • - 0 0 I . • • • • - 0 I . . • • • - 0 0 I . • • • - AGEND A ITEM PRESENTED BY -------- ROLL CALL Hoved Seconded ~ Hlgday Van Dvke _j Vo be i da I hCOzacek 1 = ...., Bllo J:::::::.. Bradshaw _j_ Otis 1 MOTION: I • • • • • - AGENDA ITEM s .b Moved Seco d d n e Ayes Nay Absent Abstain E tl'lg'Ga Van n. ke r ~ I Vobe i da ~ 1-l<o zacek - J Bi lo ~~---I I Bradshaw I - I I Otis l I --t __. MOT ION: L j / I • • • • • AGEJit"DA I TEM 7 PRESENTED BY ---- Moved Seconded ,...---...... _ti_Lgday L Van Dvke I Vobe1da 1_ Xozacek I .Ji i lo _j_ ....--Brads h-I Ot is I I . MOI'ION : I LJ • • • • • AGENDA ITEM J1 a.__; P~~DBY ____________ __ !tOLL CALL Moved s econded Aye~ N•y Absent Absuln ..J11li<IIIY c,.....-' Van Dvke Vo beida Kozacek -Bi lo -Bradshaw Otis I MOTION: I • • • • • - AGENDA ITEM _q--L... __ P~~DBY ___________ _ IIOLL CALL Moved Seconded Ayes J Nay Absent Abstain Hlgday ~ Van Dvke I Vobeida I t..--Kozacek I Bllo I Bradshaw I Otis 1 MOTION: I I . . • • • • - ~OLL CALL Hoved Seconded Abstain ~ Van~ke Vobtida Kozacek _B_ilo Bradshaw Otis MOTION: I . • • AGENDA ITEM u ~--- Hoved Seconded Hlgdav Van Dvke Vo b eid a Kozacek Bi lo Bradshaw Ot i s MOTION: • ROLL CALL • • - P~~DBY ____________ __ .-- Ayes Nay Absent Abstain I • • • • - AGENDA ITEM 2 d PRESENTED BY -------- ROll CAl l Hoved Seconded Hlgday Van _I::!Y_ke Vobeida Kozacek Bllo Bradshaw Otis MOTION: I • • • • • • ----~- AGENDA I TEM // ~ ~ .. ~/3CJo tV Csz-/'rr- PRESENTED BY A//~~ ~2 tf2t.ru-rV & / ( ~-? _/ ~ (//. ~ /(A/) i/ __.-c) Hoved Seconded Ayes Nay Absent Abstain H ICI8V Van ~ke -Vob e i da Kozacek Bi lo Bradshaw I Otis MariON: • I . • • • • I . • • • - • • AGENDA ITEM ----PRESENTED BY ------ ;:(0!} 0 . cf);€/ ~~/ ~;V":t ~ (9 : 7clrY {<_) C~-t....? ;fa~ 'K ~· (~r~r-Jr-; ~ ~ L--/-:9 ~ ~./ ~~..__/ L.A.___../ -------( ' {c )· -c ,......-c O cY {__,(___/ --G-1 ~ z-6:t:.. (/ROLL CALL ~-( ~ '--6 Hoved Seconded Ayes M.y Absent Abstain HTgaay Van Dvke Vobe1da Kozacek Bi lo Brad s haw Ot i s MOTION: I . • • • • • • @ ;{/ f!t-~KLec£ c__o / ( _/1 0,-- • ~9 /{__r\ ~ ;t? r' ~'-( ~ -9 L ~L~.:/- w )-/>z ~r~$~ I :5 (r'.;;'' /d -/V ~ru~\ ~~ /~ ~ ~ C-/ '-c/ ~<-~ C/· uJ;;.c ~J w ~~ • I . • • • • j'.-A ~/ _s ) ~ ~ ~ /'? c-/ ~r =r-=:-- / / ~/er------r " ROLL CALL Hoved Seconded Ayes N Ab ay sent 111gcsav uan Dvke 1..---'" Vo be1da Kozacek Bllo -Bradshaw .~ Otis MOTI ON : ~--7 K ~ ~ -o__.,----.... _ Abstain 1t() r;::., ;=-; ?o-~ ~ /" ---c/ /h-7--rr~?--->c L-C!J. / ~~ ~--? -;7 ' ~ C'~ y __9-. ~.~----------~~--~~------~ • I . • • - • , . • I . . • • • - X/c !dcu;o -;/ f9 9 ~~ ~ /~·~/'J, AGENDA ITEM PRESENTED BY 1/1/ /: Moved Ayes Nay Absent Abstain Htgaav Van Truke Vobeida Kozacek - Bi lo Bradshaw --I Otis I ____, ~ MOTION: I . • • • • • • PRESENTED BY Ayes Nay Absent Abstain I Hfqday Va n D\ ke Vobe ida I<ozacek Bllo Bradshaw Ot i s /5 OTION: dJ-/JAL~l-1 K-U t1 .s; ~ ycf, 0 9 I . • • • • • MOTION: I . • - • • AGENDA I TEM ---PRESENTED BY ----- ROLL CALL r Y-7" ~ Moved Seconded Ayes N Ab ay sent Abstain H,Qdav- Van Dvke Vobeida Kozacek Bllo Bradshaw ~ Otis MOTION: I . • • • • • • Moved Seconded Ayes -Nay Absent Abstain 111qaav - 1-Va n Dvke Vo b ei d a --Kozacek -Bi lo - l-Bradshaw Otis I '""1 MOTION: I . • • • -• • • AGENDA ITEM PRESENTED BY Moved Seconded Ayes Nay HlaGav 1-Van 0\ike Vobei d a l<ozacek Bl lo Bradsh- ~ Otis I 7Jf MOTION : /7' '---( ~ . ~-r /)/c!-c-rl V-3 M • • Absent Abstain 1 I . AGEN DA 'ITEM II~ Hoved Seconded Hlaaav v "n Th7ke L.--" Vobeida Kozacek Al lo Bradshaw -I Otis MOTION : • • • PRESENTED BY ~cC£--t ._n..._....- ~_/c_~!J ;;rr }~_/ ~£)-#3 / 4c~b ROLL CALL Ayes Nay Absent Abstain 1 I I 1/ --I --I ___. I • I . • • • • AG ENDA ITEM ROLL CALL Moved Seconded Ayes j Nay Absent Abstain IQCiav I Van D\ ke ! Vo b e-id a I Kozacek I {/' -Bllo -.... Bradshaw Otis I -I MOTION: I . • • • • • PRESENTED BY m~ ('&..--( _.£ //(_/ u::--t y .____/ ~(J Pf 3.;:-~ 7~ ~~-V0 /tf (}o-cJ ~ /1~ / /J•I/ t/ \ ji/1 --1 J w --~_I I OO LL CALL Moved Seconded Ayes; Nay Absent Abstain Hlaoav I van Dvke I /..---vobeida I J<ozacek I --Allo Bradshaw 1/ Otis MOTION: ·--- • • I . • • • • fiii2 f-/ -zy AGENDA I TEM ---PRESENTED BY 0(-y;( c A ~/~ ·~, ~ /) Moved Seconded A yes Nay Absent Abstain HIQCiay Van Dvke Vobe1da Koza cek Bllo Bradshaw Otis --- I . • MOTIO N: /~~~.L--~~ r "7 ~c ~" ,d---<--~-f ~.~~ • • • • AGENDA ITEM --- fl . yes Nay Absent Abstain Hlgc!IY Va n Dvke Vo b eida I<ozacek Bllo Bradshaw Otis I . ·=--------• • • • -~ ------ <:- PRESENTED BY ~~<-~4 ~~.· ~ -ffili11J- (j)~-dAJ- ~ ~. ~L) ~'- ~' '/ f Qo v /r~ty-~ J~Y~~ {}.17-tf " ~ /Y /'_...--r~ ~ 0° r F ~ t ~' c/!:,'~r~/L c~~ -~· Moved Seconded Ayes Nay Absent Abstain .aaav Van n. ke Vobe 'd a Kozacek Bile - Bradshaw I I OtIs MOTION: • I . • • • • PRESENTED BY ------ -0 Moved on ed Sec d I Ayes Nay Absent Abstain c L-T HI allay I Van D\ ke Vobeida I 1 --- ~ L- Koza cek t Bllo I Bradshaw Otis 1 -- I I I - I ::1 ..:6 ION : I . ·==-=---• • - • • Moved Seconded Ayes Nay Absent Abstain ladav T l 1 Van "'ke Vobe da Kozacek Bllo Bradshaw ----1 I Otis ____. MOTION: I • • • - -----------·------ AGENDA ITEM I ~ ( I P~IDITEDBY ______ __ 3 ROLL CALL H d ove s d d econ e A yes ' N ay Abs t en Abstal n HlgCiay I Van D\ke I Vobe i da I ~ Kozacek I Bllo ~ Bradshaw Otis I I . • MOTION: I • • • • • AGENDA ITEM ---PRESENTED BY ----~0 ~ &--1-V L3ct» " C~<UUht-<J ..._21UVt.../L. ! I),& A -J (-'"t-'Fl&_ft;;) J/ A -1 ( s--<JV ·)( k _dait444" 7-1-J?r) )J ~ ~ ret 12 -&dddzi<A.) ;;( -1-cr f} ) · I {V Akfd~ ~-/-!'~ ~· ~~ -I (-¥ 'Jv){w~~)-~ {/~ a,~':l ~ .,., ~ J 1/. . A ROLL CALL J,k " !' , . t!7?t-?n -~{..e., ( ~ , (J cr--t--Ho~d ~. .,.. "" .... ,. ..... ,, lfl acray Va n nvJ<e I ..-/ Vobe1da I Kozacel< I Bllo v Bradsh-I Otis I MOTION : I I . • • • • P RESENTED BY ---- __ _..,~,9 . L-/' .--z----;7 ----C' ·~ Moved Seconded A yes Nay Absent Abstain HIQday Van Dvke Vo b e d a Kozacek Bllo Bradshaw Otis MOT I ON : I . • • • • • - AGENDA I TEM PRESENTED BY ROLL CALL Moved Seconded Ayes Nay Ab s en t Absta in 1-I H oclav - T Van -I:l\ke Vobeida Kozacek Rllo - Bradshaw I Otis I MOTION: I • • • • • r:u.u. ADDRESS • • • • Before The CITY COUNCIL ~on ~ ;so, 19cf0 OBSERVER ~ v .......-- I I WISH TO ADDRESS THE CITY COUNCIL IN FAVOR IN OPPOSITION I NO POSITION • • • • .. REGULAR MEETING: CITY CHAMBERS City of Englewood January 6, 1986 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on January 6, 1986, at 7:30 p.m. Mayor Otis , presiding, called the meeting to order. The invocation was given by Father Walter Jaeger, Church of All Souls, 4950 South logan Street. The pledge of allegiance was led by Cub Scout Troop No. 333. Mayor Otis asked for roll call. Upon a call of the roll the following were present : Council Members Higday, Van Dyke, Vobejda, Weist, Bilo, Bradshaw, Otis. The Mayor declared a quorum present. * * * * * * * * * * * Also present were : City Manager McCown Assistant City Manager Vargas City Attorney Olsen Police Chief Holmes Deputy City Clerk Crow * * * * * * * * * * * MAYOR PRO TEM BRADSHAW MOVED, SECONDED BY COUNCIL MEMBER BILO, FOR APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF DECEMBER 2, 1985, WITH THE CORRECTION OF COUNCil MEMBER VAN DYKE 'S NAME ON PAGE 13 . Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Higday , Van Dyke, Vobejda, We ist, Bilo, Brad shaw, and Otis. The Mayor declared the motion carried. * * * * * * * * * * * MAYOR PRO TEM BRADSHAW MOVED, SECONDED BY COUNCIL MEMB ER BllO, FOR APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF DECEMBER 16, 1985, WITH THE CORRECTION ON PAGES 4 AND 5: • I . • • • • • Page 2 -Janua r y 6, 198 6 PAGE 4 - PAGE 4 - PAGE 5 - PARAGRAPH 3, LINE 1 SHOULD READ "ARCHITECT DOUG WAGNER, REPRESENTING MR. HETZEL, CAME FORWARD PARAGRAPH 5 -SPELLING OF NAME OF PAT SMITTEN CORRECTED TO READ "SMEATON." PARAGRAPH 1, LINE 1 SHOULD READ "MR. WAGNER, STATED HE DID NOT .... II (DELETING "MR. METZEL STATED II Upon a call of the roll, the vote resulted as follows : Ayes: Council Member Higday, Van Dyke, Vobejda, Weist, Bilo , Bradshaw, Otis. The Mayor declared the motion ca r r i ed . * * * * * • • * • • • Retiring Council Member Weist expressed his appreciation to the other members of City Council, stating it had been a plea s ure to work with them during his term of office and to have been elected to serve the constituents of his district (IV). He also wished Counc i l Memb er-elect Gary Kozacek and the other members of Council the very best of l uc k in all their endeavors . Mayor Otis expressed his pleasure in servin g with Mr. Weist. Honorable lou Parkinson, Muni ci pal Cour t Jud ge , conduct ed the swearing in ceremony for the newly elected Coun cil Mem bers : Joseph V. Bilo, Jr ., Coun cil Mem ber at large Susan Van Dyke, Council Me mber , Di strict II Gary l . Kozacek, Council Mem ber , Di str i ct IV. Congratulations were offer ed, and t he new Counc i l Member s r eturned to the i r temporary seating . The Mayor requested a ro ll call . Upon a cal l of the r oll, the following were pr ese nt: Coun cil Members Higday , Van Dyke, Vobejda, Kozacek, Bilo, Bradshaw , Otis. The Mayo r declared a quorum prese nt. • • • * • • • • * • • COUNCIL MEMB ER BILO NOMINATED , SE CONDE D BY COUNCIL MEMBER HIGDAY , EUGENE L. OT I S AS MA YOR FOR A TWO YEAR TERM OF OFF ICE COMMENCING IMM EDIA TE LY. Upon a call of the roll , t he vote re s ulted as follows : Ayes : Nays : Council Mem ber Hi gday , Van Dyke, Vobejda, Ko zacek , Bilo , Otis. Non e • I . • - ( • • • • Page 3 ~ January 6, 1986 Nays: None The Mayor declared the motion carried. • • • • • • • * • • • COUNCIL MEMBER HIGDAY NOMINATED, SECONDED BY COUNCIL MEMBER KOZACEK, BEVERLY J. BRADSHAW AS MAYOR PRO TEM FOR A TWO YEAR TERM OF OFFICE COMMENCING IMMEDIATELY. Upon a call of the roll, the vote resulted as follows: Ayes: Council Member Higday, Van Dyke, Vobejda, Kozacek, Bilo. Bradshaw, Otis. Nays: None The Mayor declared the motion carried. * * * * * • * * * * * It was unanimously decided to continue with the present seating for the new term of office. As a token of appreciation, Mayor Otis presented retiring Council Member Robert Weist with a bronze Mark plaque as a reminder to Mr. Weist of service as a member of the Council. Mayor Otis and Council Member Bilo introduced members of their families and friends who were present in the audience. Mayor Otis on behalf of Mayor Pro Tern Bradshaw and himself thanked the Council Members for honoring them by selecting them to serve for another two years. The matter of election of members to various Boards/Authorities/Commissions was delayed until City Council have had an opportunity to discuss the matter . * * * * * * * * * * * COUNCIL MEMBER BRADSHAW MOVED, SECONDED BY COUNCIL MEMBER VAN DYKE, THAT THE ENGLEWOOD SENTINEL BE DESIGNATED THE LEGAL NEWSPAPER FOR THE CITY OF ENGLEWOOD. Upon a call of the roll, the vote resulted as follows: Ayes : Council Member Higday, Van Dyke, Vobejda, Kozacek, Bilo, Bradshaw , Otis Nays: None The Mayor declared the motion carried. * * * * * * * * * * * * COUNCIL MEMBER BRADSHAW MOVED , SECONDED BY COUNCIL MEMBER BILO, THAT THE YEAR OF 1986 BE PROCLAIMED AS THE INTERNATIONAL YEAR OF PEACE IN ENGLEWOOD, • I . • ( • • • • Page 4 -January 6, 1986 COLORADO. There was discussion as to the ultimate purpose of the proclamation and if it presented a position for or against nuclear weapons, etc. Upon a call of the roll, the vote resulted as follows: Ayes: Council Member Higday, Van Dyke, Vobejda, Kozacek, Bilo, Bradshaw, Otis Nays: None The Mayor declared the motion carried . Pre-scheduled visitor, Charles Hall, Chairman of Assembly, of the Englewood Bahai Community, came forward to receive the proclamation from the Mayor, expressing his appreciat ion for its passage stating that Englewood is one of the first in the metropolitan area to express support for this issue. * * * * * * * * * * * There were no other visitors present. * * * * * * * * * * * COUNCIL MEMBER BRADSHAW MOVED, SECONDED BY COUNCIL MEMBER KOZACEK, THAT CITY COUNCIL RECEIVE THE I986 BUDGET FROM THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY. Upon a call of the roll, the vote resulted as follows: Ayes : Council Member Higday, Van Dyke, Vobejda, Kozacek, Bilo, Bradshaw, Otis Nays: None The Mayor declared the motion carried. * * * * * * * * * * * Consent agenda items were: (a) Minutes of the Board of Career Service Commissioners meeting of July 3I, August I, S, and findings of fact; July 2S; August 8, and 1S; August IS; August IS; September I9; and October I6, I98S. (b) Minutes of the Downtown Development Authority meeting of November II, I98S. (c) Minutes of the Board of Adjustment and Appeals meeting of November 13, I98S . (d) Minutes of the Public library Advisory Board meeting of December IO, I98S. • I • • ( • • • • Page 5 -January 6, 1986 {e) Minutes of the Planning and Zoning Commission meeting of December 3, 1985. COUNCIL MEMBER BRADSHAW MOVED, SECONDED BY COUNCIL MEMBER VOBEJDA, THAT THE CONSENT AGENDA ITEMS 19 {a) THROUGH {e) BE RECEIVED BY COUNCIL. Upon a call of the roll, the vote resulted as follows: Ayes: Council Member Higday, Van Dyke, Vobejda, Kozacek, Bile, Bradshaw, Otis Nays; None The Mayor declared the motion carried . * * * * * * * * * * * Police Chief Holmes presented background information concerning the proposed bill for an ordinance which would amend the Englewood Municipal Code regarding adult entertainment establishments in the Ci ty in order to more effectively regulate them. He stated that such amendment was necessary in order for the police department to enforce the matter as it should. City Attorney Olsen addressed questions raised by Council concerning the previous ordinance addressing this matter. ORDINANCE NO. SERIES OF 1986------ BY AUTHORITY COUNCIL BILL NO. 2 INTRODUCED BY COUNCIL MEMBER HIGDAY A BILL FOR AN ORDINANCE AMENDING TITLE 5, CHAPTER 6, ARTICLE C, SECTION 5, OF THE ENGLEWOOD MUNICIPAL CODE 1985, RELATING TO ADULT ENTERTAINMENT ESTABLISHMENTS , BY ADDING A NEW SUBSECTION E UNDER PROHIBITED ACTS. COUNCIL MEMBER HIGDAY MOVED, SECONDED BY COUNCIL MEMBER BILO, FOR THE PASSAGE OF COUNCIL BILL NO . 2. Upon a call of the roll, the vote resulted as follows: Ayes: Council Member Higday, Van Dyke, Vobejda, Kozacek, Bile, Bradshaw, Otis Nays: None The Mayor declared the motion carried . * * * • * * * * * * * Police Chief Holmes presented to City Council information concerning the recommended bill for an ordinance which would amend the Englewood Munic ipal Code to clarify and further define the term "illegal weapon." Chief Holmes explained the need for su ch clarification . Questions were raised by Council • I • ( • • • • Page 6 -January 6, 1986 Members regarding the ordinance. Council Member Van Dyke in particular expressed concern regarding the definition of "spikes." City Attorney Olsen concurred that the terms may be considered vague, that court determination may be necessary. BY AUTHORITY ORDINANCE NO. SERIES OF 1986--COUNCIL BILL NO. 3 INTRODUCED BY COUNCIL MEMBER VOBEJDA AN ORDINANCE AMENDING TITLE 7, CHAPTER 6C, SECTION 2, ENGLEWOOD MUNICIPAL CODE 1985, REGARDING POSSESSION OF ILLEGAL WEAPONS . COUNCIL MEMBER VOBEJDA MOVED, SECONDED BY COUNCIL MEMBER KOZACEK, FOR THE PASSAGE OF COUNCIL BILL NO . 3. Upon a call of the roll , the vote resulted as follows: Ayes : Coun c il Mem ber Higday , Vobejda , Silo, Bradshaw, Ot i s . Nays : Council Me mber Van Dyke , Kozacek The Mayor declared the motion carried . * * * * * * * * * * * Ci ty Manager McCown de t ailed for Co unci l Me mbers the background information concern i ng the reco mmendation fro m the Public Works Department to approve a bill for an ordinance deeding a ten -foot strip of land at the Bi -City Wastewater Treatment plant to Lillard and Clark . Mr. McCown recommended that this ordinance be approved authoriz i ng the Mayor 's signature on a quit claim deed to Lillard and Clark i n considera t ion of $3 ,500 purchase price. ORDIN ANCE NO . SERIES OF 1986-- BY AUTHOR ITY COU NCIL BILL NO. 1 INTRODUCED BY COUNCIL MEMBER SILO AN ORDINANCE APPRO VING A QUIT CLAIM DEED FROM THE CITY OF ENGLEWOOD TO LILLARD & CLARK CONSTRUCTION COMPANY FOR A TEN -FOOT STRIP OF LAND AT THE BI-CITY WASTEWATER TRE ATMENT PL ANT . COUNCIL MEMB ER SILO MOVE D, SEC ON DED BY COUNCIL MEMBE R VOBEJ DA , FOR APPROVA L OF COUN CIL BI LL NO . 1, SER I ES OF 1986 . Upon a call of the r ol l, t he vot e r esulted as f oll ow s: Ayes: Nays: Council Member Higday , Van Dyke, Vob ej da, Kozac ek , Silo, Bradshaw, Otis None • I . • ( • • • .. Page 7 -January 6, 1986 The Mayor declared the motion carried. * * * * * * * * * * * Acting Director of Community Development Vargas presented background information concerning the two applications for Community Development Block Grant funds under the Small Cities Program administered by the Colorado Department of local Affairs, Fiscal Year I986. He requested that the Community Development Department be authorized to apply for these funds; he also provided Council with additional information detailing the budget of the proposal outlining the City's project and the WHERE project as follows: I) one application on behalf of the City for $530,000 for the Housing Rehabilitation Project and for the Simon Center Parking lot Modification Project; and 2) one application to be made on behalf of WHERE, Inc. for $203,000 for a Mobile Home Community Improvement Project in Englewood . RESOLUTION NO. I SERIES OF I986 A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD, THROUGH ITS DEPARTMENT OF COMMUNITY DEVELOPMENT, TO FILE AN APPLICATION FOR A MULTI-PURPOSE SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT TO FUND THE HOUSING REHABILITATION PROJECT AND THE SIMON CENTER PARKING LOT MODIFICATION PROJECT FOR THE CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMBER BILO MOVED, SECONDED BY COUNCIL MEMBER KOZACEK, TO PASS RESOLUTION NO . I, SERIES OF I986. Upon a call of the roll, the vote resulted as follows: Ayes: Council Member Higday, Van Dyke, Vobejda, Kozacek, Bilo, Bradshaw, Otis Nays: None The Mayor declared the motion carried. RESOLUTION NO. 2 SERIES OF I986 * * * * * * * * * * * A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD, THROUGH ITS DEPARTMENT OF COMMUNITY DEVELOPMENT, TO FILE AN APPLICATION ON BEHALF OF WHERE, INC. (WE'll HAVE EQUITABLE RELOCATION) FOR A MULTI -PURPOSE SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT TO FUND A MOBILE HOME COMMUNITY IMPROVEMENT PROJECT FOR THE ROYAL, ROUND-UP, AND OASIS NORTH MOBILE HOME PARKS ALONG SOUTH SANTA FE DRIVE IN ENGLEWOOD, COLORADO. COUNCIL MEMBER BRADSHAW MOVED, SECONDED BY COUNCIL MEMBER KOZACEK, FOR PASSAGE OF RESOLUTION NO. 2, SERIES OF 1986 . Upon a call of the roll, the vote resulted as follows: • I . • ( • • • - Page 8 -January 6, 1986 Ayes: Council Member Higday, Van Dyke, Vobejda, Kozacek, Bilo, Bradshaw, Otis Nays: None The Mayor declared the motion carried. * * * * * * * * * * * City Attorney Olsen discussed with Council the need of appointing the law firm of Hill & Robbins (David W. Robbins, Esq.) as special counsel for the Bi-City Wastewater Treatment Plant and the Englewood Wastewater Treatment Plant. He mentioned Mr. Robbins' special expertise on water matters and his (Mr. Olsen's) satisfaction with past dealings with Mr. Robbins and the firm of Hill and Robbins. RESOLUTION NO. 3 SERIES OF 1986 A RESOLUTION APPOINTING THE LAW FIRM OF HILL & ROBBINS (DAVID W. ROBBINS, ESQ.) AS SPECIAL COUNSEL FOR THE BI-CITY WASTEWATER TREATMENT PLANT AND THE ENGLEWOOD WASTEWATER TREATMENT PLANT. COUNCIL MEMBER BRADSHAW MOVED, SECONDED BY COUNCIL MEMBER VOBEJDA, FOR THE PASSAGE OF RESOLUTION NO. 3, SERIES OF 1986. Upon a call of the roll, the vote resulted as follows: Ayes: Council Member Higday, Van Dyke, Vobejda, Kozacek, Bilo, Bradshaw, Otis Nays: None The Mayor declared the motion carried. * * * * * * * * * * * Mayor Otis introduced an agreement between the City of Englewood and the Chasewood Corporation, wherein Chasewood agrees not to use or request to use Franklin Street for public or private access onto Floyd Avenue, nor to use or request to use Franklin Street as a public or private through street. City Attorney Olsen requested Council to move a resolution to authorize the Mayor to sign the agreement. Council Member Van Dyke asked the Deputy City Clerk to assign a resolution number; Resolution No. 4, Series of 1986 was assigned . The document was read in its entirety by the Mayor. RESOLUTION NO. 4 SERIES OF 1986 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY CF ENGLEWOOD AND CHASEWOOD CORPORATION RELATIVE TO STREET USAGE . • I • ( • • • • Page 9-January 6, 1986 COUNCIL MEMBER VAN DYKE MOVED, SECONDED BY COUNCIL MEMBER KOZACEK, THAT RESOLUTION NO. 4, SERIES OF 1986 BE ACCEPTED. Upon a call of the roll, the vote resulted as follows: Ayes: Nayes: Council Member Higday, Van Dyke, Vobejda, Kozacek, Bilo, Bradshaw, Otis None The Mayor declared the motion carried. * * * * * * * * * * * Council Member Bradshaw requested a meeting of City Council be set as soon as possible to discuss the election of Council Members to various boards and commissions and also to discuss personnel matters. The Mayor agreed to an executive session for this purpose. Council Member Higday advised Council that he would not be in attendance at the Public Hearing on January 13, 1986; he requested Council to refrain from voting on the matter for at least one week in order for him to review the tape of the meeting. * * * * * * * * * * * There being no further business, Council Member Higday moved to adjourn. The Mayo• de,la.,. the oeet!og adjo"'"~~l4 p.m. ~~cTert:L/ U ~.J • I . • SPECIAL MEETING: • • .. COUNCIL CHAMBERS City of Englewood, Colorado January 13, 1986 The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on January 13, 1986, at 7:20 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Mayor Otis . The pledge of allegiance was given. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Van Dyke, Kozacek, Bilo, Bradshaw, Otis. Absent: Council Members Higday, Vobejda The Mayor declared a quorum present. Also present were: • • • • • • • • City Manager Mccown Ass istant City Manager Vargas City Attorney Ol•en Deputy City Clerk Crow • • • • • • • • City Manager McCown set forth the purpose of the special meeting to consider a resolution and proposed bill for an ordinance concerning annexation of .51 acres of land owned by the Park Floral Company to the City of Englewood, the land being located just south of US285 and east of Santa Fe Drive in unincorporated Arapahoe County, meeting contiguity requirements. Mr. Mccown recommended that the property be annexed. The bill for ordinance contains an emergency clause, and it was therefore noted that the approval must be unanimous. RESOLUTION NO. 5 SERIES OF 1986 A RESOLUTION RELATING TO THE ANNEXATION OF .51 ACRES OWNED BY THE PARK FLORAL COMPANY TO THE CITY OF ENGLEWOOD, COLORADO • • I • • • January 13, 1986 Page 2 • • • COUNCIL MEMBER BRADSHAW MOVED, SECONDED BY COUNCIL MEMBER KOZACEK, FOR THE PASSAGE OF RESOLUTION NO. 5. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Van Dyke, Kozacek, Bilo, Bradshaw, Otis None Council Members Higday, Vobejda. The Mayor declared the motion carried. * * * * * * * * BY AUTHORITY ORDINANCE NO. A BILL FOR COUNCIL BILL NO. 4 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE ANNEXING .51 ACRES OF REAL PROPERTY, MORE OR LESS, OWNED BY PARK FLORAL COMPANY, TO THE CITY OF ENGLEWOOD, COLORADO AND DECLARING AN EMERG~NCY. COUNCIL MEMBER BRADSHAW MOVED, SECONDED BY COUNCIL MEMBER BILO, FOR THE PASSAGE OF COUNCIL BILL NO. 4, SERIES OF 1986. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Van Dyke, Kozacek, Bilo, Bradshaw, Otis None Council Members Higday, Vobejda. The Mayor declared the motion carried. * * * * * * * * COUNCIL MEMBER BRADSHAW MOVED, SECONDED BY COUNCIL MEMBER VAN DYKE, TO ADJOURN THE SPECIAL MEETING. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: council Members Van Dyke, Kozacek, Bilo, Bradshaw, Otis None Council Members Higday, Vobejda. The Mayor declared the motion carried. • I • • • • • • • January 13, 1986 Page 3 • * * * * • * * The meeting was adjourned at 7:25 p.m • • I • • • • - I . • • • • - P R 0 C L A M A T I 0 N WHEREAS, th e Daughters of the American Revolution (DAR) are encouraging public interest in American History and espe c ially in th a t hist o ry related to the birth of our great nation; and WH ER EAS, Am e rican History Month was first proclaimed i n 19 52 by t he Gov ernor of Ke ntucky at the request of the State Cha ir~an o f Americanism of the Daughters of the American Revolution; and WHEREAS, the Mount Rosa Chapter of the DAR sponsors an Am er ican History es s ay contest to remind students of their hist o r ic al herit a ge; and WHER EAS, in February , many students will b e participa ti ng in this American History essay contest writing on the topic, "Prominent Sign e rs of the Constitution -George Washington, Benjamin Franklin, James Madison and Alexander Hamilton ;" NOW, THEREFORE , I , EUGENE L. OTIS , Mayor of the City of Englewood , Colorado, do hereby proclaim the month of February 19 8 6 as AMERICAN HIS TOR Y MONTH in t he City o f Englewo od and urge all citizens to pay spe cial atte n ti on to Am erican His t ory during that mon t h. GIVEN und e r my ha n d and s e al t he 2 0t h day of January, 19 86 . -~~~~ . > ·'(·-' . :,.) ' /~~ ·r:.•:·:.~_ .. ·; ~:-:.... · .. ,. :. ·. . · . .... _ • I • • , • I. • • .. ENGLEWOOD URBAN RENEWAL AUTHORITY December 4, 1985 CALL TO ORDER. The regular meeting of the Englewood Urban Renewal Authority was called to order by Vice Chairman Cole at 5:30 P. M. Members present: Members absent: Also present: Minnick, Totton, VanDyke, Cole, Mcintyre Powers, Executive Director Keena, Voth Penny Dietrich, EDDA Executive Director Steve Bell, E. F. Hutton Judith McBride, Hanifen-Imhoff Marlin D. Opperman, Legal Counsel II. APPROVAL OF MINUTES. October 30, 1985 November 6, 1985 Vice Chairman Cole stated that the Minutes of October 30, 1985 and November 6, 1985 are to be considered for approval. Minnick moved: VanDyke seconded: The Urban Renewal Authority approve the Minutes of October 30, 1985 and November 6, 1985, as written. AYES: NAYS: ABSTAIN: ABSENT: Totton, VanDyke, Cole, Mcintyre, Minnick None None Voth, Keena The motion carried. III. 1985 BOND ISSUE. Mr. Bell and Ms. McBride discussed the 1985 Bond Issue, which is a refunding of Series A and B issued in 1984, plus an additional issue to cover the public improvements needed on the Park Floral site. Mr. Bell stated that the official statement has been drafted, and the plan is to be on the market with the bonds by December 9. Mr. Bell discussed the time limitations involved in the 1985 issue, and also discussed pending Federal legislation which will effect all future tax increment bond issues. Mr. Bell stated that we must close on the sale of the bonds no later than December 30, 1985, which means that the escrowed securities must be ordered by December 10, 1985. Mr. Bell estimated that the • I • • • • • .. interest rates will rang e fro m 7.5% to 11%, and E. F. Hutton and Hanifen-Imhoff will try to market the bonds at 10.75% for a 20 year issue. In response to questions from members of the Authority, Mr. Bell stated that E. F. Hutton and Hanifen-Imh of f will be involved in the man ag ement of the bonds , and that Kirchner-Moore will participate in the marketing of the bonds . Mr. Bell stated t h at the combination of the firms of Hani f en- Imhoff and E. F. Hutton is an advantag e in marketing the bonds, a ,d lends credibility to the status o f the bonds. The market for b e nds is stronger today than it was one month ago, and that p eople are buy ing the bonds for tax exemption purposes, which they will not be a ble to do after the first of the year if the Federal legislation is approved. Mr. Bell and Ms. McBride further discussed the pending Federal legislation; Ms. McBride pointed out that the Bill includes a p r ovision that all tax increment financing in the future must be based on proper ty tax only, and may not i nclude sal e s tax as a basis for tax in crement. The size of the bond issue was discussed. Mr. Bell pointed o u t that th e Authority will be refunding approximately $17,00 0,000, approximately $10,000,000 which was i ssued in Series A, a nd a pproximately $" ,000,00 0 which was issued in Se r ies B. There wil l be an addi ~onal issue to finance the publ i c improvements for the redevelopment of the Park Floral site, which will bring the total issue close to $30,000,000. Central Bank of Denver, which has purchased the entire Series B issue, will aga i n purchase that block of bonds; the remainder will be sold on the public market. Discussion ensued. Minnick moved: Totton seconded: The Ur ban Renewal Authority approve and authorize the signing of the Investment Banking Agreement with E.F. Hutton and Hanifen-Imhoff; the Urban Renewal Authority further authorizes the marketing of the refunding and public improvement bonds by E. F. Hutton and Hanifen-Imhoff. AYES: NA YS: VanDyke, Cole, Mcintyre, Minnick , Totton None AB STA IN: ~one ABSENT: Voth, Keena The motion carried. Mr. Bell stated that there will need to be a meeting of the Authority prior to the closing on the bonds to authorize the bond resol u tions. Ms. Keen a entered the meeting. Ms. Cole stated that Ms. Powers had mentioned t he need fo r such a special meeting on December 18 to sign the bond documents, and asked that all members of the Authority make note of that date. -2- • I • • f • • • • Ms. McBride and Mr. Bell excused themselves from the meeting. IV. CONSTRUCTION REPORT. Members of the Authority reviewed the Construction report submitted by Ms. Ragland, Acting Director of Engineering Services. Minnick moved: VanDyke seconded: *************** The Urban Renewal Authority go into Executive Session. AYES: NAYS: Cole, Mcintyre, Minnick, VanDyke, Totton, Keena None ABSTAIN: None ABSENT: Voth The motion carried. *************** Totton moved: Minnick seconded: The Urban Renewal Authority come out of Executive Session. AYES: NAYS: ABSTAIN: ABSENT: Cole, Mcintyre, Minnick, Totton, VanDyke, Keena None None Voth The motion carried. *************** v . RESOLU TION .2 4, SERIES OF 1985 Ms . Powers stated that Resolution #24, Series of 1985 will authorize condemnation of properties needed in the redevelopment of the Park Floral Site in the event negotiations to purchase are not successful. -3- • I . • Minnick moved: Totton seconded: • • • The Englewood Urban Renewal Authority approve Resolution #24, Series of 1985, A RESOLUTIO N OF THE URBAN RENEWAL AUTHORIT Y AUTHORIZING THE PURCHASE OR CO NDEMNATION OF THE FEE SIMPLE INTEREST IN CERTAIN PROPERTIES IN THE CITY OF ENGLEWOO D BY THE ENGLEWOOD URBAN RENEWAL AUTHORI TY IMPLEMENTING THE EN GLEWOOD DOWNTOWN REDEVELOPMENT PLAN. Th i s res lution i s approved with the possible ame n dment ~o strike the word "highest" in Section 2, pend i ng approval of Legal Counsel. AYES: NAYS: Keena, Mcintyre, Minnick, Totton, VanDyke, Cole None ABSTAI N: None ABSENT: Voth The motion carried. VI. FINANCIAL REPORT. The Urban Renewal Authority reviewed and accepted the Fin a ncial Report for November, 1985. Discussion ensued on the projected sale of the Old King Soopers block. It was the consensus of the Authority that the marketing of the Old King Soopers block should not be delayed. Ms. Powers stated that the realignment of Floyd Avenue is proceeding. The City is purchasing the property, and will be closing on the purchase in January, 19 8 6 . Construction wi l l beg in in May, 1986; this will necessitate the redesign and some modification of the parking lots for the Post Office and for Simon Center. VII. CONSTRUCTIO N REPORT (B). Ms. Powers discussed an update on the Construction Report which she had received earlier in the day. The cold weather has delayed the project, and the update sets forth items that must be compl e ted prior to closing down the job for the winter. Ms. Powers stated that copies of this update will be mailed to members of the Authority. • I • • • • • • • • VIII. BUYER 1 S CLUB. Ms. Powers stated that the addendum to the Contract which was included in the packet to Authority members will be incorporated into the actual Contract. The Contract and Addendum have been signed by representatives of Buyer's Club. Ms. Powers stated that DeLeuw Cather will have the preliminary design on South Inca Street done by the first of the year. The staff has sent a notice to Mr. T. w. Anderson of the intent to acquire his property. This property will be needed for construction of the roadway in the Spring. IX. BRADY CONTRACT. Discussion ensued on the proposed contract with the Brady Corporation for redevelopment of the Old King Soopers Block. Minnick moved: Keena seconded: AYES: NAYS: ABSTAIN: ABSENT: Mcintyre, None None Voth The motion carried. The Urban Renewal Authority table consideration of the contract with Brady Development Corporation on redevelopment of the old King Soopers Block pending clarification of security (second deed of trust). Minnick, Totton, VanDyke, Cole, Keena x. COMMISSIONER'S/DIRECTOR'S CHOICE. VanDyke moved: Mcintyre seconded: The Urban Renewal Authority proceed to request p r oposals for the sale and redevelopment of the old King Soopers property with a mi nimum purchase price of $3 ,800,000. AYES: NAYS: ABSTAIN: ABSENT: Minnick , None None Voth Totton, VanDyke, Co l e, Keena, Mcintyre The motion carried. -5- • I • • • • • • Ms. Powers reported that the Englewood Downtown Development Authority has a "tree fund" whereby individuals, businesses, firms, etc. may "purchase" the trees that were planted along south Broadway. The proposal h as been made that the City of Englewood, EDDA, and the EURA mi ght jointly purchase a tree in t h e name of former Councilman Ne a l in acknowledgment of his contribution to the revitalization of the downtown area. Ms. Powers stated that the cost to purchase one tree would be $500 to the EURA and City of Englewood. Discussion ensued. It was the consensus of the Authority that one tree be purchased by the Englewood Urban Renewal Authority, and that the Authority contribute one-third (1/3) the cost of a tree purchased in Mr. Neal's name. Ms. Powers reported on a meeting pertaining to a public relations program for the downtown redevelopment. Ideas that were presented at the meeting include an informational meeting set up for the Broadway merchants; press releases from the Broadway Southwest and King Soopers Plaza; install attractive signage at t h e intersections of Englewood Parkway and Broadway and Engle\iood Parkway and South Cherokee street. Ms. Cole asked about the Friedmann building on South Broadway, which was damaged by the fire in April of 1985. Ms. Powers stated that the Authority may purchase this property for the ground value only, but the Authority does not have sufficient funding available to buy the land. The possibility of approaching this property owner with a proposal of a co-venture with the Authority was discussed. Ms. Powers discussed some contacts she has had with development companies interested in doing work in Englewood. An agreement has been signed between the TUcker Corpor.ation and Brady Corporation for the construction of the hotel. Discussion ensued. Mcintyre moved: Minnick seconded: The meeting be adjourned. AYES: NAYS: ABSTAIN: ABSEN T : Totton, None None Voth VanDyke, Cole, Keena, Mcintyre, Minnick The motion carried; the meeting adjourned at 8:00 p. m. -6- • I • • • • • • ENGLEWOOD URBAN RENEWAL AUTHORITY Special Meeting December 23, 1985 I. CALL TO ORDER. The special meeting of the Englewood Urban Renewal Authority was called to order at 5:30 P. M. by Chairman Robert J. Voth. Members present: Voth, Cole, VanDyke, Keena, Totton, Minnick Members absent: Mcintyre Also present: Powers, Executive Director Hinson, Assistant Director J. McBride, Hanifen Imhoff G. Johnson, Kutak, Rock & Campbell s. Bell, E. F . Hutton & Co. II. 1985 BOND ISSUE. Mr. Hinson introduced Ms. Judy McBride of Hanifen Imhoff, and stated that Ms. McBride will review the documents submitted by E. F. Hutton on the 1985 Bond Issue. Ms. McBride reviewed the documents on the Tax Increment Revenue Refunding and Improvement Bonds, Series 1985A and 1985B, discussing the source of funds, the use of funds, cost of issuance, and disposition of funds. Ms. McBride noted that the Series 1985B bonds were purchased by the Central Bank of Denver. Other bonds were sold to individual purchasers, not in a "block". Interest rates on the bonds were discussed. Ms. McBride introduced a model "ColoTrust" resolution for consideration by the Authority. Ms. McBride stated that approval of this resolution will result in the participation of the Urban Renewal Authority in the Colorado Local Government Liquid Asset Trust, which is a pooling of funds for investment. This will mean that the City of Englewood will no longer be investing URA funds. Ms. McBride stated that this investment group is not designed to handle long-term investments; rather, it is for short-term investments, and the money can be withdrawn on a 24 hour notice. The funds deposited for investment with ColoTrust will be 100% insured. The Urban Renewal Authority will be totally independent from the City on the investment activities, and the Trustee (Central Bank of Denver) and the Urban Renewal Authority will be doing the investments. Discussion ensued. • I • • • Minnick moved: Keena seconded: • • - The Englewood Urban Renewal Authority adopt Resolution -25, Series of 1985, A RESOLUTION AUTHORIZING THE ENGLEWOOD URBAN RENEWAL AUTHORITY TO JOIN WITH OTHER LOCAL GOVERNMENT ENTITIES AS A PARTICIPANT IN THE COLORADO LOCAL GOVERNMENT LIQUID ASSET TRUST (COLOTRUST) IN ORDER TO POOL FUNDS FOR INVESTMENT. AYES: NAYS: Voth, Cole, Keena, Minnick, Totton, VanDyke None ABSTAIN: None ABSENT: Mcintyre The motion carried. The Official Statement for the Bond documents was reviewed. Mr. Voth noted an error on the length of his term, which should be 11 87", and not 11 85 11 • Mr. Voth also questioned whether Mr. Mcintyre should be shown as a voting member as of the date of this Bond issue. Minnick moved: VanDyke seconded: The Urban Renewal Authority go into Executive Session. AYES: Cole, Keena, Minnick, Totton, VanDyke, Voth NAYS: None ABSENT:Mcintyre ABSTAIN: None The motion carried. VanDyke moved: Cole seconded: * * * * * * * * * * The Urban Renewal Authority come out of Executive Session. AYES: NAYS: Keena, Minnick, Totton, VanDyke, Voth, Cole None ABSTAIN: None ABSENT: Mcintyre The motion carried. Mr. Greg Johnson, Kutak Rock & Campbell, discussed the proposed resolution authorizing the Chairman and Secretary of the Authority to sign the Bond Documents. -2- • I • • - • Minnick moved: Totton seconded: AYES: NAYS: ABSTAIN: ABSENT: Cole, None None Voth • • • The Englewood Urban Renewal Authority approve Resolution #26, Series of 1985, A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE ENGLEWOOD URBAN RENEWAL AUTHORITY AUTHORIZING, APPROVING AND DIRECTING THE ISSUANCE, SALE AND DELIVERY OF $23,135,000 IN AGGREGATE PRINCIPAL AMOUN T OF "ENGLEWOOD URBAN RENEWAL AUTHORITY, TAX INCREMENT REVENUE REFUNDING AND IMPROVEMENT BONDS (ENGLEWOOD DOWNTOWN REDEVELOPMENT PROJECT), SERIES 1985A," AND $7,045,000 IN AGGREGATE PRINCIPAL AMOUNT OF "ENGLEWOOD URBAN RENEWAL AUTHORITY TAX INCREMENT REVENUE REFUNDING BONDS (ENGLEWOOD DOWNTOWN REDEVELOPMENT PROJECT), SERIES 1985B," WHICH OBLIGATIONS ARE ISSUED TO REFUND CERTAIN PREVIOUSLY ISSUED AND OUTSTANDING TAX INCREMENT BOND ANTICIPATION NOTES OF THE AUTHORITY AND TO FINANCE CERTAIN PUBLIC IMPROVEMENTS IN CONNECTION WITH THE "ENGLEWOOD DOWNTOWN REDEVELOPMENT PROJECT, " AN URBAN RENEWAL PROJECT TO BE UNDERTAKEN PURSUANT TO THE "ENGLEWOOD DOWNTOWN REDEVELOPMENT PLAN," TO FUND CERTAIN FUNDS AND ACCOUNTS CREATED IN CONNECTION THEREWITH, TO ESTABLISH A RESERVE FUND AND TO CAPITALIZE A PORTION OF THE INTEREST PAYABLE ON THE BONDS, AND TO PAY INCIDENTAL EXPENSES TO BE INCURRED IN CONNECTION WITH THE ISSUANCE OF BOTH SERIES OF BONDS; RATIFYING CERTAIN ACTIONS HERETOFORE TAKEN, AUTHORIZING, APPROVING AND DIRECTING THE EXECUTION AND DELIVERY BY THE AUTHORITY OF SUCH BONDS, AN INDENTURE OF TRUST, A BOND PURCHASE AGREEMENT, AN ESCROW AGREEMENT AND CERTAIN AGREEMENTS AND DOCUMENTS IN CONNECTION THEREWITH; AUTHORIZING AND APPROVING THE DISTRIBUTION AND USE OF AN OFFICIAL STATEMENT IN CONNECTION THEREWITH: RATIFYING AND CONFIRMING THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT IN CONNECTION THEREWITH; APPOINTING A TRUSTEE AND AN ESCROW AGENT; APPROVING THE FORM OF CERTAIN ANCILLARY DOCUMENTS: AND REPEALING ANY ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH. Keena, Minnick, Totton, VanDyke, Voth The motion carried. -'3- • I • • • • • • • Copies of the Indenture Agreement and the Bond Purchase Agreement were handed to members of the Authority. Mr. Johnson stated that the signing of the documents is scheduled for Friday, December 27, 1985 at the offices of Kutak, Rock & Campbell. IV. MISCELLANEOUS. Ms. Powers reported that Requests for Proposals on the former King Soopers block have been sent out; response is requested by January 7, 1986. Ms. VanDyke inquired on the leasing of space in Trolley Square. Ms. Powers stated that progress is expected after the first of the new year; a leasing agent is working to get some restaurants in the development. Mr. Totton inquired about the hotel. Discussion ensued. There being no further business to come before the Authority, the meeting was declared adjourned at 7:15 P. M. -4- 7 I I • • • ORDINA!'CE 00. dJ SERIES OF 198_6_ • • • BY A(]l'HORITY COUN.:IL BILL 00. 1 Ull'ROOU:::ED BY COUN:IL MEMB~ BILO AN ORDINA!'CE APPROVING A ((JIT CLAIM DEED FRCM 'rnE CITY OF ENG.&TOOD TO LILLARD & CLARK CONSTROCTION CCMPANY FOR A TEN-EWI' STRIP OF LAND AT THE BI~ITY WAS'I'DolATER TRFA'IMENr PLANT. WHEREAS, many properties were purchased for construction of the Bi~ity Wastewater TreatJnent Plant; and WHEREAS, these properties are now amassed into one large parcel with the City of Littleton owning a one-half interest; and WHEREAS, part of this property consists of a ten-foot strip that is a right-of-way to s. Santa Fe Dr. and is not needed by the Bi-city Plant; and WHEREAS, Lillard & Clark Construction Oxnpany owns the property adjacent to this ten-foot strip and desires to purchase the strip for $3,500; and WHEREAS, the Bi-city Supervisory Coomittee has recannended sale of this ten-foot strip to Lillard & Clark Construction Oompany for the total SI.Jll of $3, 500; ~. 'rnEREFORE, BE IT ORIY\INED BY THE CITY COI.JtCIL OF THE CITY OF aG..I'l'JOOD, COLORADO: Section 1. 'lbat the City of Englewood hereby quit claims its one-half Interest in the ten-foot strip of right-of-way to South Santa Fe Drive on the Bi~ity Wastewater TreatJnent Plant property to Lillard & Clark Construction Oxnpany for the total SI.Jll of $3, 500. A copy of the quit claim deed is attached hereto and incorporated herein by reference. Section 2. 'lbe Mayor and ex officio City Clerk-Treasurer are hereby authonzed to sign and attest the quit claim deed for and on behalf of City Council and the City of Englewood. Introdoced, read in full, and passed on first reading on the 6th day of January, 1986. • I • • ( • • • • Published as a Bill for an Ordinance on the 8th day of January, 1986. Read by title and passed on final reading on the 20th day of January, 1986. Published by title as Ordinance No • .d._, Series of 1986, on the 22nd day of January, 1986. Attest: &Jgene L. otis, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Ehglew:>od, Colorado, hereby certify that the above and foregoing is a true and canplete copy of the Ordinance passed on final reading and published by title as Ordinance No. ~ , Ser i es of 1986. ...._,..- Gary R. H1gbee • l I • ( • • • • Reception No .. . .... -· ···-····· _,,. ····-···Recordo.:r. Tots DEED, Mad e thia day ot 18 • botween CITY OF ENGLE \~OO D, COLORADO , a Colorado ~1unicipal COr!_)oration , of the CountY of Araoahoe aud Stat. ol Colo rado, ut the first part, •nd LILLARD & CLARK CO!lSTR UC TION CmiPAtiY 3 77 5 S. Knox Ct., Denve r, CO 80236 corporation o rga.na ~oed and aiaUna under and by 'firtue of the Ia•• of the Stat. of Colo rado , of the second part: &.c:ordu'aS&aap 1 Wl'rNESSE'fB, That the .. ld p•rt Y of the lint part, for and in c.ons ld~rration of the 1ur:n of ------- TCN DOLLA RS AND OTHER GOOD AND V/ILUABLE CONSIDERATION -------~i!B, Lo the said p&n Y of the f i"t part Ia band paid by thl •1d partJ of lhe eecond part. the tiiiCelpt whereof Ia hereby c.on!e11ed and aclmowludred, luL S n~m l aed, rdaued, .old, c.onnred and QUIT CLAlYED, and by t.h~o:•e prennta doe 5 remise, releue, acll, convey and QUIT CLAJM unto the uid party of the aec:ond part, ha au rce.aon and u •iJTll fol"t'lvor , all th rii'bt, tiU•, interet\, c:laim and demaod which \he uid ~rt Y of the tint J)a r'\ ha S in ad to th• foltowiq detc.rit.d altuate, lyine a.od bein,r ia tht~ County of Ara pahoe and St.at.e of Colon.do, to wit: Any and all interest that Seller may have in the real (XOperty l ocated w1 thi n the right-of-way 10 feet w1de alorq the Norther ly side of the r eal pro p.;rty d escr ibed 1n Book 3324 at Pag e 347 of the records of the Clerk a nd Recorder o f Ar apahoe Coun ty , which right-of""""'Y was r eser ved in deed t ram Cora B.lckley to Lillian H. Burkey recordw O:tober 9, 1935 1n Book 368 at P~ge 21 5 ; arxl wh ich title to Sdid right-of-way ~s veste.J in the Clty of Engla.ocxl , Col o rado, by Rule , order Judgmen t ard Dec ree recorded January 31, 1977 in Book 2546 at Page 68 of the records of the Clerk ard Recorder of Arapuhoe County, be1ng mo r e particularly described as follows: Umnencing ca t the Northeas corner of sa1d Tr act ; thence S 18o w 3nd alor>J th.! &.st l ine o f s.Hd Tr..ct , a d1sl.dnce of 10 .50 feet ; thence N B~o46 ' W a nd a l ong a lln" 10 feet South of a rd !>'tallel w1 th the North 1 ine oi sa id Tract, a distance of 343.89 feet to a pcnnt on the west ltne of Sold Tract; thence N 26 o E a distance o f 11.10 feet to the Northwest corner of sa1d Tr aet ; thence S 89o46 ' E a1>:l alorq r.>,e Noeth line of said Tr act , a dtstance of 342.27 feet to the pomt of be;pnning. TO HAVE AND TO BOLD the urn•. \llpther with all &nd einJtUiar the appurt.enamee and privUer• thereunto be lon~:mQ' or in anyw1N thereunLo a ppertaininc, AAd all the •tate, richt. dtla, intA:I'ftt and claim whataoever, of the lkid pan. y of the fint part, either in law or eq\lltJ, to \he oD1J proper UM , beuetlt and behoof of the uid pa.rty of the a«Ood part, iiA •ueec .. ort and util'bl tote'f'U. lN WITNESS WBBil80.', Tb • uid pan y ot U,. fint p&rt ha S bereunl.o Mt itS hand and ~•I the d11 y a nfi year f u1!t a hove WrtltMn j CITY m' ENGLEI\OOD, COLORADO • S ocnod. S..lod end O.lhmd •• tho p,_. • :y~olo~~~~-~un~e-1~~~1~ ~_:~-~a tl~::~: ,,tt~!:it: Euaene L. Ot l.S, Muyor .•. ---·-. --.. . ---·--·--··-· .• -·------·----····· {SEAL] G~r, n. "lllgbcc , ~X o rf1·ri5-Jty Cletk-"'J'redsurer-... ... [S EAL] STATE OP COLO JL\DO , l Count)' ot Artil' hoe ... The forewoinr lrutn.unenl ww• acknowledii;td b.fore m• thi• daJ of u18b ,by • EU":Je.:no L. Ot1s , ~.ayor, and Gary R. lll.qbee ns x offlC.lO Ci Ly Clcrk -Tteasutcr of the City of Enqlc,..oon, Colorado Ny commi11ioo upir-.• • 18 • Wlmu. mr bud and official Mal. -----------"---oc....· ·=:-=-=-===========ll •u by 1.aU.U'&I ptrwJIII or tHtwOna h•,.. lriNrt '1&1114 or ,.am.., 11 br ._,... aeU..la ,..o....-ntattv. ..-Glt1dal e&~MoOitr or .. ~~~.·,~~~--·ih!if.~ !~~!~"!t ·~-...~·: :r~'*~~~ :,;.:.-;:u~~·.:'~c;:u;!';-!:"!:-·w~:o:r~r =~I!: :~ ol~~~::.uo::; A IA.IIl0"MJIIIIUIII llq~-JVU No. UZ. QUIT CI.6.1W PUU TO CO aPOIATION'.· Dr-Mt"'• P1bl0tlll-. C.,, IIU 1"*1 ll.lwl. u.._., ~ -1·" • I • ( • ORDINMCE 00. ~ SERIES CF 198r- • • • BY AlJrHOR ITY COUNCIL BILL NO. 2 INI'R()[){],:ED BY COUN:IL MfMBER HIGlAY AN ORDINMCE AMENDING TITLE 5, Cl!API'ER 6, ARTICLE C, SEI:TION 5, OF THE ENGLEl'IOOD MltUCIPAL CODE 1985, RElATING TO ADULT ENI'ERTAIN- MENI' ESTABLIStMENI'S, BY AIDING A NEl'l SUBSEI:TION E l.liDER PROHIBITED ACTS. WHEREAS, adult entertairment establishments are regulated within the City of Englewood; and WHEREAS, persons should not be pennitted to expose specif ied anatomical areas or engage in specified sexual activities under the pretense of selling or renting products, goods or services; Na-1, THEREFORE, BE IT ORDIHNED BY THE CITY COltCIL OF THE CITY OF ENGLEl'IOOD, COLDRADO, AS FOLLOWS: Section 1. 'lllat Title 5, Chapter 6, Article c, Section 5, of the Englewood M.Jnicipal Code 1985 be and hereby is emended by adding a new subsection E to read as follows: 5-6C-5: PROHIBITED ACTS: E. SALES PRACTICES PROOIBITED. 00 PERSON, MERCHANT, EMPLOYEE OR AQ:Nl' SHALL, IN THE COURSE OF SELLING, RENTING, OR CFFERING FOR SALE OR RENTAL, A TANGIBLE OR INTANGIBLE PR()[){],:T, SERVICE OR CDOOO, EXPOSE A SPEX::IFIED ANAT<MICAL AREA OR CARRY ON A SPOCIFIED SEX!JAL ACTIVITY. Introduced, read in full, and passed on first reading on the 6th day of January, 1986. Published as a Bill for an Ordinance on the 8th day of January , 1986. Read by title and passed on f i nal reading on the 20th day o f January , 1986. • I • - • ( • • • • Published by title as Ordinance No. __j;}_, Series of 1986, on the 22nd day of January, 1986. Attest: &lgene L. otis, Mayor ex off1c1o City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Ebglewood, Colora::!o, hereby certify that the above and fore:1oing is a true and canplete copy of the Ordinance passed on final rea::!ing and published by title as Ordinance No.~' Series of 1986. Gary R. Higbee • l I • • ,. ( ( • • • ORDINAN:E OO.d_ SERIES CF 1986 BY A{Jl'HORITY COON:IL BILL 00. 3 Im'ROOU::ED BY COUtciL MlMBER \OBEJDA AN ORDINAN:E AMENDING TITLE 7, CHAPl'ER GC, S&::TION 2, EN<L~OOD MUNICIPAL CODE 1985, REG\RDING POSSESSION OF ILLEGU. WEAPONS. WHERFAS, it has becane necessary to add to the list of illegal weapons; NCW, 'nfEREFORE, BE IT ORD\INED BY THE CITY C<XH:IL OF THE CITY OF EtG.EliKXX>, COUJRAOO, AS FOI:..LCMS: Section 1. 'lbat Title 7, Olapter 6C, Section 2, SUbsection B, Engle;;«)(id l't.micipal Code 1985, is hereby amendai to read as follows: B. As used in this Section, "illegal weapon" means a blackjack, banb, firearm silencer, zip gm, gas gm, machine gun, short shotgm, short rifle, metallic kni.ICkles, gravity knife, switchblade knife, nunchukas, throwing stars, 00 ANY DEVICE CC!1POSED OF LEATHER OR Ol'HER MATERIAL IMPREGNATED WITH SPIKES. "Machine gun" is definai as a fully autanatic weapon capable of firing more than one time autanatically with a single pull of the trigger. A "short shotgm" or "short rifle" is definai as a weapon having an overall barrel length of less than eighteen (18) inches. ANY "DEVICE CC!1FOSED OF LEATHER OR Ol'HER MATERIAL IMPREGNATED WITH SPIKES" MEANS ANY LEA'llfER BAW OR Ol'HER MATERIAL CAPABLE OF BEING WOON AROUND ANY PART OF THE Hl.MAN BODY (SU::H AS A WRIST BAKJ, OVER THE HAW, AROUND THE HFAD OR NEX::K, ETC.) WHICH HAS METALLIC SPIKES PROl'RlDING 0{11' FRCM THE LEATHER OR Ol'HER MATERIAL. Introdi.ICai, read in full, and passed on first reading on the 6th day of January, 1986. Published as a Bill for an Ordinance on the 8th day of January, 1986. I • • - ( ( • • • • Read by t itle and passed on final reading on the 20th day of January, 1986. Published by title as Ordinance the 22nd day of January, 1986. Attest: ex officio City Clerk-Treasurer ~. ;/, Series of 1986, on EUgene L. OtlS, Mayor I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true and canplete copy of the Ordinance~~ on final reading and published by title as Ordinance No, ~· Series of 1986. Gary R. Higbee • 1 I • • '\, • RFSOL!Jl'ION NO. r} SERIES OF 1986--t- • • • A RESOL(]I'ION AOOJ?l'ING THE FINDINGS, CO!>l:LUSION AND D~ISION OF THE CITY COUOCIL OF 'ffiE CITY OF ENGLEWOOD, COLORADO, REGI\RDING THE PLANNED DEVELOEMENT BY SANFORD CCMPANIES AT 300 WEST BELLEVIEW AVENUE. WHEREAS, Case No. 34-85 for approval of a planned develop-- ment for a parcel of land at 300 Nest Belleview Avenue was heard by the Planning and Zoning Cam!ission; and WHEREAS, the Planning and Zoning Carmission rec<Jmlended to City Council that the application of S:mford Metzel (Sanford Ccrnpan ies ) be approved with certain stipulations; tm, THEREFORE, BE IT ORIYIINED BY THE CITY COUOCIL OF THE CITY OF ENG:.EWOOD, COLORADO, AS FOIJmS: The City Council fioos: l. That the application is concerned with a parcel of land at 300 West Belleview Avenue lotlich is legally described on attached Exhibit A and incorporated herein by reference. 2. That the area with lotlich the application is concerned is to be developed by Sanford Ccrnpanies, a sole proprietorship, Sanford K. Metzel, sole proprietor. 3. That the application for approval of a Development Plan at the parcel located at 300 W. Belleview Avenue ~oas filed with the Deparbnent of Cam!unity Development on October 21, 1985, notice of public hearing ~oas published in the Ehglelr.'OQd Sentinel on Novanber 6 , 1985 , the property ~oas posted no less than fifteen days prior to the public hearing, and public hearing ~oas held Novanber 19, 1985. 4. The application was for approval of a Development Plan of 28.8 dv.elling units per acre with 312 proposed d~oelling units, 40% usable open space , maxim1..111 building height 45 feet, a 25-foot buffer strip with landscaping and privacy fence along the property line adjacent to a single-family zone district, 532 off-street parking spaces, all of lotlich comply with the R-3 High-Density Residence District classification place on the property by the City of Englewood. 5. The portion of the property Which is in Littleton will be utilized only for useable open space. 1 • I • • ( • • • - 6. The applicant has ccmnitted to providing for the cost of a traffic signal if it is required by the City Traffic Engineer after studying the traffic patterns for a two-year period following the issuance of a Certificate of Occupancy. 7 . All of the City staff concerns were incorporated into the design of the Planned Development prior to revie w by the Ccmnission. 8. F\.lblic access, emergency access and fire lane easenents have been taken into consideration. 9. The Planning and Zoning Camtission recCII1l)ends that Application J34-85 filed by Stanford Metzel for a Planned Development at 300 West Belleview Avenue be approved with the following stipulation: a. There shall be a two-year traffic study following the issuance of the final Certificate of Occupancy; if, in the opinion of the City Traffic Engineer, a traffic signal is warranted at the South Delaware Street/West Belleview Avenue in tersection, it shall be installed at the expense of the developer. b. A fire crash gate access shall be installed on the southeast corner of the property to provide emergency access from the south through the South Slope development via the east fire lane. 10. City Council held a public hearing on the application on January 13, 1986. C<>OCLUSIONS City Council therefore concludes that: 1. The application for a Planned Dev elopment subnitted for property at 300 W. Belleview Avenue should be approved with the following requirements: a. There shall be a two-year traffic study following the issuance of the final Certificate of Occupancy; if, in the opinion of the City Traffic Engineer, a traffic signal is warranted at the South Delaware Street/West Belleview Avenue intersection, it shall be installed at the expense of the developer. b . An eight (8) foot, solid fence shall be installed along the west property line by the developer to minimize any negative impact from the development on the properties adjoining on the west which is zoned R-1-A, single-family residence. 2 • 1 I • • ( • • • • c. The City will negotiate with South Slope Homeowners Association regarding a secondary access for fire service. -L- d. CU:: t:£u.. _.,_-.k:t ~ tfu (J-'-"1' d ct-.t..<: rr A .U.j-1-Ll-4-~~ o,.JA.t · 2. This Developnent canplies with the <lntprehensive Plan and all appropriate City ordinances. 3. ll3able open space and landscaped areas have been incor- porated into the overall design and is sufficient to serve the nllllber of units being constructed and will be accessible to all of the occupants of the dwelling units. 4. The <lllount of off-street parking to be providoo canplies with the requirements of Section 16.5-5a(l2) of the <lntprehensive ZOning Ordinance of the City of Ehg l~od. 5. Consideration has been given to the location, design and height of the buildings as well as access and fire lanes. IT IS HEREBY DFX:IDED that this Council crlopt the foregoing Findings and Conclusions for a Planne:3 Developnent at 300 West Belleview Avenue, Application 134-85. ADOPTED AND APPROVED this 20th day of January, 1986. Attest: Eugene L. Otis, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Ehgl~od, Colorcrlo, hereby certify that the above and forego i ng is a true, accurate and canplete copy of Iesolution No. __ , Ser i es of 1986. Gary R. Higbee 3 • I . • • • .. Ca s e No . 34 -8 5 P lan n ed Deve lopme nt 300 West Belleview Avenue The land included in this planned development is described as follows: Plot 6, INTERURBAN ADDITION, County of Arapahoe, State of Colorado. Containing 122,633 square feet or 2.815 Acres more or le ss . And including, Lot 1, SOUTH SLOPE SUBDIVISION, County of Arapahoe, State of Colorado. Containing 51,422 square feet or 1.18 Acres more or less. And including, . Part of Block 7, INTERURBAN ADDITION, County of Arapahoe, State of Colorado, described as: Beginning at the Northeast corner of the NWl/4, NWl /4 of Section 15, Township 5 South, Range 68 West of the 6th P.M., Arapahoe county, Colorado; thence SOO.l0 1 18•W and along the Easterly line of the NWl/4, NWl /4 of said Section 1 5 and also along the Easterly line of MIRAMONTE SUBDIVISION, 841.22 feet to the Southeasterly corner of said MIRAMONTE SUBDIVISION, to the True Point of Beginning; thence continuing SOO"l~l8MW and along the Easterly line of said MIRAMONTE SUBDIVISION extended Southerly and also along the Easterly line of Plot 7, INTERURBAN ADDITION,&21;.2:, feet to the Northwesterly line of Lehow Avenue; thence S63 48 39 W and along the Northwesterly line of Lehow Avenue, 103.00 feet; thence N28°03'49bW and along the Westerly line of said Plot 7, 377.24 fe et to the Southwesterl y corner of s aid MIRAMONTE SUBDIVISION; thence S7~03 '42•E and along the South e rly line of said MIRAMONT E SUBDIVI S ION, 280.01 feet to the True Point of Beginning. Containing 48,558 square feet or 1.115 Acres more or less. And in c lud i ng, Lo ts 1 -14 i n c l u s i ve , and vacated Mi r amo nte Road R.O.W., MIR AMO NTE SUBDIVI S ION, County of Ar a p a ho e, State of Colorado. Containing 2 50,4 27 s qu a r e f eet or 5.748 Ac re s more or less. EXHIBIT A • I . • • • • Tfl ; Pe t e r V<Jr J:;CIS , ,\ss i s tan t Citv ~l ;m apc r ...... ;,...~~. Fl !O'i : Do r otliy Ron ,ans , As sistant Dir ec t o r o f Commu nity De ve l op!l'cn t -l'l ann i n)) DAT r: Janua ry 17, 19 8G ~l BJE CT : Zo ninr History o f 30 0 l~est Be llevi e 1.· Avenu e Pursuant to o u r dis c ussion, I have review e d the file s fr om 19 64 in ord e r l n ref rP El > my mem o r y o f the zonin g of the area a n nexed t o En ~le1.•oo d by Or d ina n ce l\umbP r 13, Se rie s of 19 6 4. As t o thE' a n n e~:ati on its plf, it was t a k en t o th e St ate Sup r em Co urt b y Littleton and p e rso n s o n their beh a lf ~h o were of t he op i n i on th a t En J:;l e .. ·ood h ad a "g entleman ' agr e ement" n o t t o a nnex s ou th of RcJJ v i ew . tnp l ewood h ad s o ught the a nnex a tion very a~g re s siv e ly with a n eye t owa rd the pro p o s e d K-Ma rt store, Burt Chevrolet, Br ookridge Sh o pp i n r Ce n t e r a nd th e G.E .M. st o re; and the Court uph e ld th e ann e x a tion. '~'h e r Pcn r d shows th a t fron the beg innin g , En g lewood proposed to zone the p r o p e rty wi th zoning compa rable to tha t which had been im po sed by Ara p aho e Co n t v . Conta c ts were mad e with pro p e rty mmers to find out th e ir z o nin~ pref e r e n c e, and at least one public meeting was chaired by ~aver Love to discu s z on i n g in addition to the public hearings before the Planning Cor.-r ission a nd City Coun c i l. Prior t o ann exa ti on t o En g lewoo d, a ll of the l a nd no•• O\.-ned h y Mr. }l e tz e l was zo ne d R-S (a mu lti-family z o ne district) b y Ar apah o e C o u ~ty. I h a v e cal led t h Arapah o Co unty Zoning Of fice t o see if I can find out wh a t the R-5 density was in 1964 , and when the R-S density was imposed on the land. The R-S, under the 1961 County Zoning Ordinance, permitted one dwelling unit per 2 ,000 squa re feet of lot area a n d up to four st o ries in hei ght. I could n o t fin d out when th e area was zoned . Af ter di scussing the z o ninr. with propert y owners, the City submitted t o pub l ic h ea r ing t he z o ning tha t c onforme d 1.•ith the z oning the County had i rr.p o s ed o n th e lan d with the fo llowin g excep tion s : 1. Th e 0 -Open Zon e impos e d on the property on thE' east sid e of Broad wa y , wh i c h 1.•a s rec ently develop e d as Greenwo o d Points by CDH, was zo n e d R-3-A, Mu lti-fam ily Re siden ce . 2 . Th e l a n d z on e d F -Flood P l ain o n the we s t sid e of Br oadwa y s o uth o f l .e h ow , was zoned R-3-B, Mu lti-Family Re s idence or R-2 , Ru sin ss, t o c o nform with the zoning of th e l a nd . t o th e n o rth which was under the s <~ e Ol.'ller s h:l p, 1. Tlw fr o ntare on Rn ffertv Lan e wm; o ll zoned B-2 , Rusin t'sr;, inc ludin r the• we>st po rt :Inn of the• prope rty "'h:l c-h h nd b toc-n z on £"<1 H-3, SinJ•lP -fa milv h y tl H• Cou n ty. T111 s pro pe rt y WR n ll n wtw cl h v tlw }kS pn d dc-n R . • I • - • • • - \fHI \,\ •.I ]\, 1 1, •:J,·\.. Av (·Jl\tt J' II"\ / 1,. /.11 <•f till · si t< f cq th e· prop o!->t·cl K-~l n rt F:lnrt w.1s Z<'nPd H-:', 1\u r:int-f,!->, t n cc •uf <'r n. •d tli t h e dc •vt·l <'pnll'n t 1.•ld h "'n'; tlll cl <·n•n y i n tli< C<'llllt Y pri01 t n a nnexa l j Pt l . 11u en tir e Mirn m 0n t~ Subdivision , tht' w•st 2Y4~ fe et of th e M e t z ~) d eve lopmen t, 1.•:•s o1.mu by Tl r . 1'111 d Mrs . HiJlian1 ll nsho r and 1\illiam llaslmr, Jr .c an d rucm b crs o f t lot• Ba ,;h r familv 1 ived in tl1 P thr et· (3 ) h ouses constru c t Pd ~.·i thin th E' S l!bdi v i~ic m . D1. lle~sh o r h a d pl a tt d th e land in Dc·ccmhe r of 19 52 int o f ou rt e<?n l 0 t &Ln r1 by a cu l-d -s a c d es i rn :~t ed as Hir<'l m<'nt P Ro ad . The pl a t "''as fil ed s or.c t l.'c]Yc ye<1rs befr•rc t he p ro perty 1.•as ann exed t o En r,Je"·ood , and J d o n 0 t r ~c n ll Dr . Bashor 's e Ye r t lling mp why h e pl <'l tted it in th e four t een lots: it i s obvious tha t t he l a r g E'r lot s were desi ~ned t o acccmmo date thE' e x istin g h o us es , h owe v e r; this mav h ave been what th ge ntle~an r e ferred t o at th e h ec rin g--that Mir am onte was divid ed into lots ~ith th e cul-de-sa c si mi lar t o Signal Hill, s o h e assumed it would be developed simila rl y b y th e Basho rs, even though it was zoned R-3 . This did not happen: the Rashers sold to ~lr. ~1 e tze1. The Sirn a ] Hill Su bd ivision, the 5100 block of South Ela t i Drive , was annexe d t o En ~;l e1.•oou b y Ordinance Nu mber 9, Se ries of 1959, an d "'as rep] at t ed as Signa l Hill (it was Block 8 of Interurba n Additi on) f o llowin p the annexation i n 1959 . Ther e are n o records of eithe r the a nn exa ti on o r zoning of t he p r operty in o ur files . The houses in the bl ock "' r e constructed i mmediate ly with Ce rtificates of Oc cupan cy bein g issued in 1 9 60 and 19 61. I am attachin g copie s of several docume nts which I found in the files for your information. They are : 1. A letter sig ned by Ma yo r Love welcoming pers ons in the annexed area to En g lewood and inviting them to a meeting to discuss zoning . 2. Ninutes of the August 26, 1964 and September 9, 1964 meetings of the Plannin g Comm ission at which meetings the zoning of the annexed area wa s conside r d at Public Hearin g. 3. A n ote of protest d a ted September 22, 1964 and signed by persons in the 5100 block of South Elati Drive. None of these names are in the current phone book at those addresses. 4. An inter-office memorandum from the Planning and Traf fic Director to the City Manage r. 5. A copy o f th e le gal publication of Ordinance No. 27, Series of 19 64 , which Ordinance zoned the annexed prope rty. 6. A map showing th County zoning prior to annexation. 7 . F./9 . A map s howing. comparable zonin r. in En g lewood . Tw o maps showin r the proposed En gl ewood zoninr which was considered at public hc nr in ~ and a dopted . tlnd r thr R-J-JI Zonr nistrict impos ed on th l' suhjeC't property, a multi- fn ndl • dw cll inr c ould h e con s tru c tc•rl on a 9,000 FJquar foot site, thr•<' s t 0 rif'F in h iJ•ht, with a min i mun rlw c 1J inR unit floor Ar ea 0f 450 EH]U:trP fec•t. Jn J'l7'l, th t· 1<-'1-H 7onc· DistriC't was rc·ppal<'cl :mrl tl1!' R-1 Zr>nr· DistriC't wns • I • • • Hlf l \.-.1 \] t 1. I It \ j I '\..' A\ ( 11\1 1 l ';H t 'j • • - '"'"'"'" '"' f <~lln•:in · j •u i Jj, I.<•::J J J rw nm<'ll<]jnl ' t il! C'<•np r ehf·nshe Znnin 1· t l:q., ;,]] n f th o J•r np< r t \' ;·,•n <•d J(-1-J: 'lms Zf'll <·d l\-1 . li nd< r th J.:-3 , tl 11 rn ln inn no l o t :J fl il f fl r a n1u ltl-f:J ,j]y. itt· \.':.JS 4 ~,00(J lj ll ::l Tl ft•c t (<I ll<t ::J crt·) wi t h a b a!>< d c·md t ~· cof 40 d"•lllin1· unit s per nt•t nc n ·. Fo r e ach ad d iti o n a l ] ,000 sq un r t f e~t o v er 42 ,000 s qu n r< f ee t, a d e v clflPe r c o uld add t~o dw e llinr unit s with a max i mu ' de n . it y n f 7 () d\.•e llin f!s p<·r n e t acre . h'hen ~lr. ~1c.t zE-l st a rted tryi ng t o al'quir,· th P subj c.c t prope rty, it w ts un de r that d e n s itv thn t h e tl.o u r;h t h c c oul d dE'v<:Jcopc , an d to \.•hi c h h<· rt·f e rr ed at th e puhli c h cn rin r on J::1nu ::1 r y l 1 Lh . Th e R-1 Z0 n c llistri c t W<ts tlln<·n ded h y Ord innnc t• Nu"<hcr 18 , Sc ri e" of 1 9!;4 , nnd l oc c am ffe c tive in Ju ne o f l9 E~. Th p d e n s it y b on us wns elin inn t e d, and th e max i mun d e n si ty of 40 dw c llinr; uni t s p e r acr ~ was re t a i m•d . ln s umma ry, I "'Ou l d mak the f e ll owin g p o ints: l. Th e subject prope rty has been zoned f o r multi-family development sin c e 1964 by En g lewood and wa s zoned for that u se by Arapahoe Co unty prior t o 19 64 . At th e ti me it wa s z o n ed b y En f!le"'Ofld o ri g inally, th e "'ishes of th e prope r tv O\.'Tl e r s wer e adh e r ed t o . 2 . Dr . Ba sho r h ad st a t ed that his lan d was z one d fo r mu lti-fami l y u s at th e time th e h o u s es were bui l t o n Elat i Drive . 3 . On tw o occasions when an attempt was mad e to rezo ne the eastern p o rtio n of th e sub j ect pro perty adjacent to th e K-M a rt pro perty to B-2 , Business : the City took the position that the R-3 zonin ~ was proper. an d they wo u ld n o t, therefore, rezone it for commercial use. 4 . The City h as been aware since 1983 that Mr . Metzel was acquirin g t he property, because, when South Slope r eplatted their property , it was t o sell the n orth portion to Mr. Hetz e l. 5. Mr . Me tze] purchased the subject property kno ... ·ing it "''as zoned for mu l ti-family use and ac cepted the elimination of the density bonus with the adoption of Ordinance No. 18 of 1984. 6. Mr. Hetzel's project complies with every requirement of the Comprehensive Zonin g Ordinance an d with the conditions of Utilities, Engineering , Fire, Public Wo rks/Traffic and Building and Safety. 7 . Mr. Hetzel ha s a g reed to install an eight-foot solid fence along the wes t prop ert y lin e a t the request of the property owners to the west. 8 . Mr . Hetzel h a s a 1:reed t o Pny for th e installation o f a traffic sip nal a t t h e inters c tl on o f South Delaware Street an d West Be lleview Avenu e which is th e locati o n of the entranc e to his development required by the Hi g hwa y Dep a rtme nt and the Traffic Engineer. ~lr. ~letzel has agreed to this conditio n. re;;l izinr. the velum of traffic usin!l, BellevieH at this time and the pro jec ted incre ase in traffic as development occurs t o the "''C St. Q, A ~ t n th e pos s ihiJ i tv of down-zoninp, the property now and any ramifica- tion s of such a c ti o n: J should yield to thP City Attorney's opinion. Howe ver, given th a bov consider.1tions, my personal opinion would b{' th n t it would h P Vl•ry costl y to th<• City. Thc •re is commt'rcl a l 7oninJ,: • I • • • • • • )ll(J \..',' L ]., l J t •vf c·;.• Ave nut PH )~' 4 t o th v ca s t, R-3 zoninr tu the s o uth an d n o rthea s t, a n d R-2 z on in g t o thC' n o rth;.•est. So utl1 Be llevh·1.· i s an art£-rial; and it i s dt•b£Jtablt· wh e th e r or n o t under those circum s t ance~ t he City could establi s h th a t th P land wo ul d be mo r e pro perly z oned t o a l ower d e n s ity, e spPc iall y f o r famil • unit.. I • • • • • E N GLCWOOO, COLORADO orncr o r N.A ~ OP , 0 8 0 ) , 11 "H ONF 7t>I-11 .C :.t Jun e 26, l 964 On bc>tl o.lf of ~ he.• Cit y Co ur.c i 1, l W" m")s t plea s ,•d to welcom e you to Fngle;··o t •d . t .s yo1.. r""·Y kno w, th "! anncxa~i0n of y cu r area to th e City will b ~ fin a l on J uly fo u1 t h . It h a s occurred to mP th a t yo u may ha\e q u es \ions yo u would like to ask abuut the o pe ration of your n e w city's government and just how this annexation will affec t you. In ordc:>r that you 111ill have an opportunity to gc-1 ac q uainted with sm'l e of the City Councilmen and administrator~ anc to discu ~s the various matters, I have made arro.ngemc>nts for a meeting to b e held next ~ed ncsday evening, Jul y 1s t , at 7:3r ~.m. The meeting will be h e ld at t h ~ Englewood School Ad ministration Building, 4101 South Bannock, in 1 h ~ P.o •• rd F:oom . une of the most immediate points to b e considered is the matter of zoning. The Comprehensive Zonir.g Ordinancf' provide s that an area, upon final annex a t ion to the C~ty, i s without zone classification. It further provides that the Planning Com- mission mu s t initiate the n e c ~s sary proc~dure to zone the area in appropriate Zone Districts within 120 days after the annexation is final. It ha ~ been th ~ intent o f the Planning CoilUllission to recomm!2'n d zoning comparaLle to that wh ich was established under the Arapahoe County Zoning Ordinance; however, the Commission members would like to have the advantage of your thinking in the matter before they initiate the zoning action. Inasmuch as the Commission wants to proceed with the zoning a s soon as po5siblc, Mrs. Romans, thP Planning Director and members of th P Planning Commissjon will be amon9 those present at this m~eting . ~?~J "!f/,"1111 CAI/I;AJ I ON Cl1\" • • I • • - ·! I I • • • • J do hope you will b~ able to attend this mee ting; howe ver, if it is not convenjent for you to do so, and you do have questions, please feel free to contact me , or our City Manager, Stanley Dial, or Mrs. Roman s. They can be reac hed at the City Hall, 761-114 0 . I will be looi'..ing forward to meeting you Wednesday evening. Sincerely, _.---(_ (l ~(/). Samuel L. Love t-1ayor SLL/gw • • I • • •' CITY Oft' EN #EvJCOD PLANNI NG AND ZONING CC»tflSSION Augus t 26 , 1964 I , CALL 'I'O ORD!'-R • l'ho ~i~ ;;as-C' lled to order by Chair~aan Carlson at 8:15 P, M. Mctu b('rs present: Whitcomb, ice, Parkinson, Fullerton, (; rlson Romans , Ex-of:ficio Members ab sent : Touch ton Also pr~sent: Planning Assistant Monson City Attor ney Esch II • Pl.JI.NNING _MM:L SI ON South of Be l leview, east and w ~t o f - 8:c · dway. ZOOING R -3 -A , R-3-·B B·2 CASE #16-648 Chai rman C arl so st ated this zoning waa on the recently annexed prope ty to the outh of Belleview Avenue, both eat~ and west o South Broadw y. i.ce 111 vcd ; ~< ullerton seconded: The Public Hearing be opened. Th action carr Lu u n a n·mously. l<lr. Carlson ,asl ed t he l,lanning Director tor a report on t~e zoni.g of tP!s are a. Mr s. Rowans stated that under the 1963 Co :np rehensi vc Zonin Q-Ldinance, ar••• annexed to ,the City of Eng l ·ood are w ~t ho ut zone classification. Tha Planning ColR!II iGsion h as 120 d ays wit hin whicb to initiate action til o ne ann xed a re s , or a per m i~ may be obtained by a property o n.Jr from the B i ding Insp<i!c tor ~or any Perllitted Use in ny Zone District . Mrs. Romans pointed out that several tings were h ld with t h e property owners o~ the n .. ly n n •xed ~reas to d"sc uss he zoning prior to the Hearing. In t ca e • th ~ "ty has tried to auggeat ca.pasable 3oning to the claasifi c ~tion that property bald in tbe County. Tha C y does not ha ve classificatioa coaparabte to the Flood 1-'l ru. n r he 0 e 1 .o ~~~ c la sificationa. A po~t~OA ot Mr. t· ~P den's p ro r ~· ~tas i.n thf> Flood Pl ain 2one; this has b e n sugoest ~nd R·3-B. Mr . Pasternak'• property i t e Zon .; t.his is suogeated as R-3-A • • ~ •• s i th the 6 tuJg.!s ted zone cl as~>ificatio ns i.~ted o .n t h 11 "re handt:d Comwi sion meaber& and the audiaace. Mr. Greenlee stated that it the B-2 BOning we~e to •~end to thgir lot line , they wanted thei~ property inclpded in the -2 zone dis t ri ct. j '' ML. McSpadden eta t ed h · wanted Ilia entire property ~:oned tor c mercial usaga. ~~ Na.ted he baa never intended to have any resf.dential usc on tis proparty. -1- ) I Mr. Wa.l ton 5155 s. Rla.ti -asked i f the propoaed R-3 -B zoning extended dir~ctly to the Signal Hill Addition, wbich ~· annexed some years ago? ~trR . Romans s~ated that it did; that the property owners had been contacted and indicated tboix wish that the zoning r~aain t he same as it had bean in the Co~ty> Mayna rd Jacobson 191 West Ra.fferty Gardens -stated tMt did not .,_..t a zoning next to his pr op~rty that would parait a tilling atation or s iailar dewloprnent . Mr. W~lton &&k ed what the zoning to the west ot the Signal Hill ~ddition was in Littleton? H~ pointed ou~ tbat t his area could be surrounded by multi -faaily ~4avelo~nta ~ Mr. Hugb Fowler 5399 S. Clarkson -aske d if tho area indicated aa R-S-A on the aap haa b een a n nexed to Englewood, and if it was true that hig b-r ~ae apar tments have been planned for that area? Mr. ~owlar waa told the a rea is included in the recant annexation, a d that Mr. Pa ternak. owner ot the property, baa indicated a deaire to develop it wi th aulti-fa8ily hou~ing. Mr. M . Jacobson 191 We&t Rafferty Gardens -aaked lao• tbe City could take any ac tion on tbis ar ea , nasmuch as a suit hall been entered aga inst the Ci ty of Englewood by tbe Littleton City Attorney on beh lf ot som of the proporty owners in the annexed area? It was stated that un til such tiae aa tho Court 11tates the a nnexation is invalid, the City will proce&d on tbe aaauaption the area ia legally ann exed. Mrs. Roaana re Ad the Pcrllli tted Uaea froa tbe County Zoninf4J Resolution for the F lood Plain Zone District and the Open Zone District, contrasting the Uaea pend tted tbarein, wi t .h the Uses perai ttcd in the proposed City zoning. Mr. Hugh Fowl e 5 399 s. Clarkson -a~ked what acceaa was p lanned to Mr. Pasternak's prope rty, which is pr oposed as R-3-A. He stated tbat Sharman Way could not be us d fo r an accaas, ina.-uch •• it was dedic ated ~or Sc ool access only. Mr. Fowler stated that be understood Mr. Past rnak planned an apartment coaplax of SOO apart~e n t a, wh ich , he f elt, would .. an at leaat 500 additional children in the area , resulting in overcrowding of the school. Mr. Fowler stated there would probably be 700 cars in an area t o which there is no adequate access. He did not teal t ht a would be good plannin g. !>lea. Bugene Marlowe ·, 5300 Lauren Lane -s tated s he was interested in t~e aonino of t he Mc Spaddan property . She stated she waa not in favor of t h n R-3·8 p roposad for a portion of thia property. and stated •ho wo uld like tho Coaeisaion to coaaidar aoning tbe ~nti~o parcel for B-2 Busine ss. -2- ) I ,_. Mr. Dubois 430 Bellewood Drive -stated he bad recently purchased property juat eas t of the proposed R-3-A district; be did not feel the proposed R-3 ·A was a logical zoning !or the area, and was opposed. Mr. Kelley 5145 s. El ti Dr ive -asked what the changes were along Belleview Avenue c ast of the Signal Hill Addition, and how these changes "" uld af'fec t their residences? *· Csorleon replied that in ssence , the zoning was not changed. This is comparable to the z oning the area had when yet under the ~~unty's juri ~diction. Mr. Walton 5155 s. Elati -stated that, even though tbe arua to tbe east of tho Signal Hill Addition had been zoned tor •ulti-fud.ly develop~Mnt in the County • it had not been developed, and he did not feel ·there was a need for additional aulti-faaily zonino. He a s ked why the sin9le-fa.ily ~n!a9 classificatioa could not be extended to inc lude tbe Mir.-onte Subdivision. Hr. Fowler stated tha t the Arapaboe County eo.tsaionexs have denied buildin9 permits tor ~itional ~taent houses south of Ballevic" Avenue. He felt this indic-ted that ther9 were enough a pa tm nt develo~nts in the area5 bowever, be ci tl;!d the C uwl Pc:.r'k Subdivision on the nortb o~ Belleview, ~onod R-3-B, n s tat~ ~bat evidently Englewood ~elt there was a neQd for additional apartaents, and tbat ~urtber multi - ta.ily developm nt along Belleview Avenue would be approved. Nr. Escb atatod he did not feel • perait could '~ denied by law it the applicant CAllie within the fraaework o~ tbe z:onino reoulations f r the requested area. Mr. Loren Jacobson 396 West Raft rty Garden& -stated he wished to protast the zoning to B-2 of thCl areas to the north and east o~ Rafferty Gardens . He f lt it 10.'0uld down -grade his property. Mr. Maynard Jacobson 191 West R&f e ty ·ard ns -wished to objact to Lot• 14, 15, 16, and 17, Ra:t rt y Gardens, being zoned B-2. Mr. Earl Barn~s 235 Wes Rat e ty Gar ens -objected to the propo.ed B-2 zonin9. He d their area could become surrounded by busi ness Mr. Jack Da vi s on .3420 South Quay -s lated he wa& owner of Lot 15, Interurban Addition, whi ch t onts on Lebow Avenue. He stated there is a $1,200,000 condom1n it~ npnrt .. nt coaplex planned ~or tbis area. He tst cit~d t h ere will be a total of 60 unite on the 4lJ acr8& of land. He does not want a coraaercial zonir19 across t he str'ilet ~ro111 his davelop~~ent • and objected to any zoning claaaification ~hich would allow uses auch as "dog kennele" this close to hi apa tmont. -3· ) I Mr. Fullerton asked Mr. Fovler to explain .are ~ully his statement th t Sher man Way could not be used ~or access to Mr. Pasternak's property. Mr. Fowler stated the street was not dedicated for public use, but for school purposes and traffic. only. This is the only access to the school property, Ue stated furth r that when the GEM Store was constructed, the State Highway ~partment suggested to M£. Pasternak, tben owner of the land, that an acceleration lana be constructed to accommodate the GEM traffic. It was not felt too wise to have heavy turning a.ro vements on the hill. This lane, to this date, has not been constr ucted, nor were other means of accoss to th GEM p roperty provided. He felt it would be •~ch the same si tuation i n the R-3-A devel~nt in regard to the needed acc~ss to the area. lr. Carlaon pointed out the restriction in the 1963 Compre- hensive Zoni n9 Ordinance wh ich states: ·~o Building Perait shall ba issued tor a building or structure on a lot which does not abut upon a dodicatod atreet or upon a dedicated portion ot a partially dedicated street, when auch s~reet dedication i s required by the 6.nglet'IOOC1 Master Street Plan," It was explai ned that tha Street Plan would be r:avised to include this o.r ca and adequate access would be r:equired. Mr. w~lton sta ted he would like to oo on record as requeeting that Dr. Ba o r's property, Mir..ante Subdivia1on, be zoned for single·f ai l y development. Mr. Walton atatad he was speaki ng for tl.e r esiden1:s of the Signal Hill Addition. Rice ooved : Paxld.n&On 5econ ed: he Public Heari09 be cloaed. The motion carri.ed unanimously. A recess of the Commission was called by Chairaan Caxlson. The meeting was called to order at 10:00 P. M. ~r. Rice suggc6ted that tho Planning Office contact Mr. Pasternak nd request a d efi nite plan of access to and ~roa his property, and that it bo available tor study of the eo..lasion at a future m4Utting. Discussion followed. Mr. Whitcoab cowaented tbat tor tbe c o.tng s hoo year , children troa the Centennial Acres area were to be bussed to the Eugene Field School, adjacent to Mr. Pasternak's property, as it was the only acbool in the District abl ~ to accommodate thea. Further discussion followed. Ricca •ovod: Ful erton seconded: The aatter be tabled tor tuxtbar study and coneid•ration. The motion ca r ried unanimously. -4- ) I . . " • III. OLD BUSINESS A . Trillic Report -Small-Cooley and Aseociatas. Mra. ~na reported the Traf~ic Conaultant ha4 contacted the P1a.nning Office and stated the Final ~apoxt would not be ready for subaisaion t o the Cowaission until Sept.-ber 9, 1964. XV . NEW BUSINESS. There-;as no new b usi n ess to come before the ~••ion. I t was moved, seconded, and unanimously carried tbe aeeting be adjourned. Respectfully eubait ted, -5 - • I • • • __ _...,•!..-- ...I soUTS:Eli·LEWOOD -------~-~ ...... -----------· ZONING ~ABE Nl6-64C ' . I n-3"=i\";R-3-B; B-2 lolxl!.'. ROJaans st.. ted ha had con tac t~d Dr. Bas~~ pe reques tad by the Co jus i on . Dr. Baahor bJ!18 1Ddic8te4 tba't he feels tba "'1 ' 1 residents of the Signf1l Hill Addition purcbaaecl tb8ir bomea alter multi -! m:l y zoning had be ~n established on hie property y the County. le h3B multi-faaily zooiag on tbe east , north, ,nd southwes t of hia property, end does not wpDt aia~le-family ~nina on hir property. Yrs. Romans tated that ~. Da vidson, owner ot Lot 15, had ntacted tl. Plan nin Depurtment . He hsa iadicated be wi ll go alo g with the zoning, as proposed, and that be would oppose the cx t enmioo of the ccmmerci~l ~oae diatrict aoy further to toe w.st th: 1 ~s proposed by the Planni ng CO..iaeion in their initial ~ct ion. Mr. Leisey, owner of Lot 2, Ewing Bubdiviaion, bad diacu s d po~s ibl commerci el zoning for hia property, but b~e ~~reed o t b pro1~sed R-3. Mr. and Yra. Edler ba ve indicated t~ y er~ s 1s!ied with the zoni ag as propoeed. Tbere baa beeo m.> :further cc;;nt.act from Messrs. McSpadden, Bo•••• Dr. Tolley, O-any of tu ~ o tner property owner• ~i tbiD tbe area • • Gr enlee st" ed be felt coii!Hrcial zoD1DC i ... diately u.xt to ~ia prope ·ty o n tb ast would depreciate t~ value ot bis land. D1scus9ion followed . lna .. uch as tbia area appears to .a in a ~t~t o o red velo eot, tbe Commi•aioD recogaizea that oae aod1l4 ~ti n f e proposed zoning ••1 be oeeeeaary io he future. It v.as tha opinion ot the COIIJI1Ni.OD tbat, should . i'lans bo devc 1 opE;d in tLe r euoaabl ~ future tbat would neceaai tate oneider~;tio l of a chon~e of zoM elasa1t1cat1oa. ~be required ::o oio~: fee wu d 1M wc;i\ ed in aa effort to oooperate w1 tb the property o•~ rs. P.rkineon mo ved: ' R •ce seconded: The Planning eo..tasion recoe.end to City Couocil the zoaiag of tbe tollowiag deacribed a ~u to n-3-A, R•3-B and B-2 be approved : P'rcel A: (to • -3-B) Coamen ciac at tbe oortbeaat coroer of the no tbwe t c~ ner o f Section 15, Towu.bip 5 South, Range a eat of t e Sixth Principal .. ridian, CitJ of IDglewood, Co naty of A r ~pahoe, State ot Colorado. Said po1Dt belDI iD t!e intersectton ol South Broadwey and Belle .. ew; tbeDce Weat r.l on~ tbe 1 nu line in WoRt Belleview AveDue to • poin t where ) a line 20 feQt st of the west property liae ot Lot 4, Inter- Ul'beu Subdiv J o ext nded interaectJ& aald land lloe for a p 1nt ! b l nni g; ~b e nca c ontinuing West alone tbe land line 1n said 1'/est ~ 1 .view /\venue to a point tbirty t .. t )lortb of i.be nortLv.'es n~Jr o f Lot 14, lliraaoote Subdinaioo: thence !lo h l'lon • ~ at linen of Lota 8 tbroqb 14, lllra110nt8 Subd1v1 ion; t 11e nce Soutbea11terly alone tbe aoutbweaterly line ot Lot S, Mi ~a~oLte ~~bdivision, a d i stance of 123.60 feet; • I • • ·. • t hence Southe asterly ~long tbe southerly lot lines o f Lots 7 Pod 8, Miramonte S ubdi v ision, ~ d is tance of 280.21 fee t to the eat line of Lot 15, Iaterurban Subdivis on; thence South alo ng c e west line of SAiu Lot 15 a distance of 215.80 feet to the n rtherly line o! Lehow Avenu~; thence Southw:!aterly and perpe ndicular to the north line of said Lebow Avenue, 9 distance of 70 feet to the outherl}' 1 t ne of s:~id Ltl o w Avenue; thence Sou the as terly and ~dong the northel' l.y lot lines of Lots 4 and B through 11 fHI part of Lo t 12 i.O the v.est line of Lot 1, Ra fferty Gardens; t hence N rth clong the est 11ne of said Lot 1 ex e nded to the centerline of Lebo'* A·;enu , thence northeas terly along the center- line of Lebow Avenue to a l ine 20 feet east o! t he west property h .ne of Lot 4, 1 nt~rurb u Suo i ision extended; thenc llorth v.il g a line 20 l<.let a.:; t o .f t he west property line of Lot 4 Int1:1rurb:.<n Subdi••1sion ext r.d d to th point of beginni ng. P~rcel B: o D-2J B~glnni ~ t the northe ast corner of the 'or hwe t f'u l'l"L"'r of SoctJ o 15, TownsJ,ip 5 South , ?.an g e 68 We ~ o! the s~xth Priuci~al Meri di ~o, City of Eng le~o d, Coun y 4ra ahoe, St~ic o! Co lora o; thence West along the land line iu ',.'est Bt~ll view Are nue to u po n t 30 feet directly nort h and 20 :!eE:t e<l-..t oi the nortb est c.o rner of Lot 4 , .Inte rurban St•b- ciivit> on; t lw c:e S uth ~·lc.nt; <l line 2 0 feet eut of the west linB of said Lot 4, lnterurb?n S ubdivision to the centerline of i..ehow Av enue , theuce Southll'esterly along tbe centerli ne of said Leaow A !tnue: to the ·i'Jes t line of Lot l, P.11tferty Ga de ns Subdivision; t i.unce S.:>u th 2long the est line ot said Lot 1, R:1ffe ty Gn rd('ns S bdl ision to the n orth line of Lot 1 2, R~ffer y Gard en~; thence Southea sterly along the north lines ot Lots 1 2 oncl 1 ... to tb., northwes t corner of Lot 14, Rafferty -:rden&; t hence Sou b :>long the west line of said Lot 14, R:.-f:ferty G rdens to b e !:.o uthwest corner of sud Lot 14 , then ce EPst along th1"> so·1tl .dr, .s of Lot& 14 through 19, Rafferty Gvrdens exteneiN t tile lc:nd line in South Broadway; t hem:e So uth alon g lc ~-nd lJ iu South Bro.dway to the southwest corner ot s a1d NO thg,-st ruarter, Sec tion 15; tbence l:l.:J&t n ong the s ou ;1 ll.ne of snid No rtheast Qu:~rter • diatnnce ot 1,220.31 fe t; a~nc~ orth a distance of 314,2 teet; thence North 49C;3S '1 6" W"s n di::> a nee of 388.57 feet; thence North 70°0' '47" <:St r distanct:l ot 239.32 feet ; tbeDce Northweste rly loug li curve l.O tee rig t having a rad i us of 600 feet end :: central angl ot 27{ :.9' 50" I' distance o f 286.22 feet; t!lence 1 tll J4026 '.,.,, r~nst eli stnnce of 713.02 feet; thence Nort h 100 ... 8 '1Ju'' lfeat r. dist ll e of 2 1 0.45 feet; t be11ce l~orth 28008'00" 'N w:. • dis r.r. .., o 59. 7 teet ; tb nee Nort 61°54 • 00" W~s t a di. t n e o1 2C 3~ f et to the s outhwe terly corner of Lot 7, Bl ock 3, Brook id~e Hei~hts cl ubdivisiot!; thence Northeasterly a loilg the D vl'tlt.II;Jl3i;e r1y line of &aid Lot 7, Block 3 a d istance o f 120 fee i.v t h o -thw :~ terly corner of said Lot 7, Block 3; thence ;~o rt hc ~ e rly 61.02 fe et acrosa Cen teDD:lal Avenue to the Sou ·t.h wa tuly corner of Lot 9, Bloc..ll: 2, Brooltridge Heights S ubd ivi i on ; th .; ce 1m th JOter ly alon g the northwesterly line of said Lot ~ r '' p rt of Lot 11, l ock 2 a distance o ! 112.15 f et; thence ~or h ·ester ly 111.36 teet along tbe westerly lines of fiDrt of Lo ll , Lv 12 ~nd p:1rt ol Lot 13, Block 2, Brook- rtdqe H 1g tf:i .:.t.r.d v s ·on; thence North alone tae west linea o' part of Lo l :. n Lot> 14 through 2 0, Block 2 , Br-oolt - j,,t.e !Ieigbto Su Jdlvtsivn ext.ended to tbe land liDe in E es t &>lleview Ave 1. ""· thof!ce W st ul ong h land 11De in E st ~·lleview Av uuc t the pvint of beginning. -3- • I • • Pzreel C: (R-3-A ) Commencing 3t t~ eoutbweat eoraer at tbe ~rtheast ~ r r of ~e c tio n 15, Township 5 South, Range 68 Wes t Qf the 6th Principal Mer idi an, City of BD~lewood . Co unty of !repaboe, S t te of Colo1•nd o; thence East a diatance of 1 ,2 20.31 feet fer a p o1 nt o f beginning; thence CODtinuing Last P distanc e of 15 fee t thence North a di8tabee of 206.95 fee t; t hence i'lcsl. I' di stanc~ of 151.37 f eet; thence North 55°41 '00" ;r .8 t di!:itan c f 980.15 f ee t ; tbencu North 30~U'40" We st a dic•tance of 37 5 .·l2 fe e t to the s outheasterly eoroer of Lot 21, D ek 3, Brookridg Hoi ghts S~bdi vision, tbeDOB »o~th 60°59' We t 8 d ia t ~nca of 174 .2 f~et to a point on tbo south ~e sterly ljne oi Lot 19, Block 3 , said Brookridgc Heigbt8 Subd~vision ; t h nee ltortll 4BC3S ' West il dist<>nce of 210 .45 feet to a point on too southwe:J tt.trly l ine f Lot 16, Bloclt 3, Brookri dge Dt'! ghts Su bdi v .i.:l i o n; ths(l Ce Soutb 34026 '27" Weat a dis tan e of fl3 .02 fee t ; t ~n ce So t heasterl y sloog a curve to the left, lla ·i.ng u raui ';, o f 600 f eet a nd s centr 1 angle of 27019' 50" D d is t on ce of 28 6 .2 ~ f e et ; 'thence South 70007'•7" Bast I! disto.nce of 2 39.32 !act, 1:he nce South 49°38'16" E~st a distaoce of 3U\.37 feet; t i,ence Soutll ;;. dist nee oi 314.2 feet to tbe poillt of begin ing. Du: u ssion ensu•,u . 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" u -----.. _ ; ~0 ~ "E E E " 0 .. ,_, ~ I I II" m • r ;. ;; -;: -, !' 0 <: c C\i .. a ...._ 1-- 0 "' 10 m 0 Lt... / I I / ' 0 0 0 3::: w _J (!) z ~I < w c • ::t: 1- :::> 0 (f) • . . j 0 . , -0 . u 0 i ~ ~ J e • 7 ' . . I i I j I I I . ~ ' . 0 f I • • ' i; ::: • -• SOUTH ENGLEWOOD ::AI.( .. F!"ff .l..l..ll.'!.Q_ ----4"'H('tA r fl "' e O!w "'OA"Y ---·-· t lrfQl£-ooo C.HT 1. ... rs ---------t.•fTt..[TOIII Clf T l .. ,,. - ' I /J l """ COMPARABLE ENGLEWOOD ZONING R -1-A Re,.dent ool ~ R-3-8 ReSidont oal R-4 RoSidontool -Pralnsionol B-2 Commerc i al No Comparable Zone Zonon<;~ Adjacent to .4\nneaotion • f=·L.\:·:,i.,J On o -Fom ol y Roai d on l l ,l ~ l.lultl -Famoly Ruodent lal ;j C ommarc oal I . I i; I 3 0 I 6 4 'II \1 'Z 0 N 0 0 0 ~ ltl _, c "-ttl J: f- =' c ('"' 0 w (/) 0 0.. 0 a: t l_ • c . , 1:'1 .,. ., tr. ro . n I !": -0 c ., ':' "' ., !':: . n I {( -0 v ... II> E E 0 u I m 1 - z 0 1- <t X w z ,-_ -:{ 0 1- 1- -0 0 ... " E E 0 u z l•J u .-:1: -, ~n C) z 0 N c .. ·' c "' :J , . L " ''- • I i I I . ' ' I I ! i I I : .. I • J • I ~-"f l-.· --;;;: -·.-~r?rr·· .. --'I L_jL_"/ I L_ """=~lUE T .. -. ·~ R _, -8 ,~ .,.--,,i . ~.-...-......---~ -------f--.. ~, sau :-;,,'1 ~ ,., ,. ~,.... __, • --=-• _.__ , , . 1/i /. . ..... ·~; )d'j I. ~"Tt .-· ...,--- , : , ~ / : ! /~ : t I I : ' 1 ,, L W.: -l:r A:' , , ;=c;=L , r~ 1 ~ PROPOSED • 'j " !t /rfi" ~-,p/ t)'r,,-L~L , ... ~!.---.!i _/ 1 1 '-'NCCJr~-::.iE i s·' II ZO tV/tYG ..) .. 4 ' // I . I lfE/GifTJ I . lJ z ·1 --.:r ... "">1 Rr 3 -~ , ~~ II .... ···'! N W " / ,_--)'Z_ / / ~ / · I ...., -I ~''~ a-s I-P • I 8-2 r".ll-! "r, !T .., 0 J •l •J ., 01) ~~--~ :::=s ':.!..iUL ----'t "(t•t•C• .J OLo liM:J A_.r -·-·--[·•ill~ :l"''f' '· .,,, --------~...r n.L r .... '=''' La••, R-3 I CO UNTY ·- ~4111' C)?' '· ' ' ' ..... ,•, E,V aL e: ~Yooo ' / r '/ .s;; J }1.,:? ..; • ,...a f/1 ' ~ ) JuJ " -h J.nr'!J ·)M u /~, -+o md:J J ...,., r ... ,-=;--...r ~~ -''---1 c:;; ,1 71.;1./ ~/~0 t.,_::;.J /r ~ r .1 d .1..5 1-,, CL 1 F?-3 I r 't' ..!!..!( I -.. · -_.,_.~ .......... ~-~--------------,----- 1 I I ) ,, -) I •. ..: ... , ... ,,. '"l • t (<:P • , I I - I I I I ; I 8-2 -;) Ll rT'.r:: r . •:1 ( · o u ·'I r ·t • • • • • • To: Coun..::ilmemb r s From: Cou~c il memb,r G ry Koz~cck Date . J a nu ary 20, 10 86 Re : 3 00 H . Dc llcvi n w nvr .u e ~e ction 1~.4 -15 Plann _ nrvelopmen t (P.D.) c . StJ tL rd s . ()) Th P Plann e d ncv r lopmnnt 1 s r e l a tion sh ip t o it's s u r o ·, in0 sha ll h e consiJPr ~ in order to avoid ad v e r se 0 :'f c ::L!; Lo t . c _x i sting ard os,.ih l c f uturp d Pv e lopme nt c a us ed ~y r~ fie circul. tion , bui l ding h e ight or hulk , lac~ of scree ning or intr s i o ns of privctcy . '1 , th e cou c ilmrmhrrs n e0d to look at th e R-J n c nsity l e v e l s , in r lution to the i MpJct on su rrounding areas , it is cas i e r&e i ncr e as e d c,ns itt l 'ith a v arianc e tha n to dPc r easc density . To ::otc : ConsiJ ..:r our Littleton neighbor s and t~c ir concerns . DJ c to th . Co ... c rn s r;f tht"! De par t me nt of Hi ']h1-nys . No t e (Le tter ) In r es ponse t o t hP t r stifi ,d concerns of n ea r by r es i dnn ts, I r c q es t tha t t he f o llO\,in<J .1\men.imC'n t s be add ed as follows : 1. ~xit , Ri g~t or Le ft on l y . a . To Y.e~r a dit i ona l traf fic out of resid en tial ar cu . 2 . Tl • li gh t to I e ir.s tall ed . a . I mp rov e d sa f e t y fo r al l, hefore injur y or cci c nt . AK 3 . 'l 1 Solid s o und arr ier. .lo hr~ o t 11er tha n th0 dri v e . a . , rrirr n neds to ~e solid t o he effective ec~usc No ise l e v e ls are a lready in EXCESS. rlarrier needs to h e t1~0 sid ed to ahsorb the nois r to oth e r s iu e of s tr eet . c . Mu s t ~e se t b ack 12" from s id ewalk, du e to ordinanc e . d. Si 0wa l~ on hoth s id~s of fPnce . 4 . a I lfc i<]ht fenc e h t~twet>n Rns id e nti a l and Project ~. T o create' a n oise and s i<]ht huffer. (Privacy) ~. rra s h ~at e for rtRr. ~CCF.SS S .E . corne r. a. Addt>d p r e caution in case of a lock ed dr iv e . 6 . Sno and Icc mantcna ncc on Acc rl0ratc and d0cc l cratr 1 n es . .!Ot0. a . !!i~h\,'.l '/ oes not Ma intain sn01~ and ic e on thos lan~s . F n r t h0 s afr y of all . If the l'i <J h~>-·a y cxp.:m s th e road~>.•uy this will put the rond accel r.tion and e ccl c rati o n lan ns 6 1 fro m t~c huildi n <J . t_L __ _ ___ 'r;.._....,_r_..<._,_...:;J.__~ C,.JC~---------· I • • • • • - 8-2-85 Secti on 16.4-15 Planned Development (P .D.) District. The purpose of this subchap t er is t o permit and encourage diversification in t he location of stru c tures and the appropriate relationship of various uses and structures to their sites without inhibiting the potential advantages of new and imaginative techniques and co ncepts of design of urban land use. These regula tions are further intended to insure improved pedestrian and vehicul ar circulation facilities and the provision of usable open space while ins u ring adequate standards relating to the public health, safety, welfare and convenience in the us e and occupancy of buildings and facilities. The a men ities and compatibilities of the Planned Development classification are to be insured by the adoption of a development plan, which shall consis t of maps, diag rams and written statements setting forth land us e relationship s and development standards. The Planned Development cla ssi fication is t o be applied to land only upon specific application by th e owner or owners of the land, and after approval by the City Planning and Zoning Co mm ission and City Council . Construction on said land shall take place only after the approval of the approved plan and its attendant documents have been re corded in th e Office of the Clerk and Recorder of Arapahoe County, Colorado . a. Requirements. b. c. (1) Development under the Planned Dev lopment District regulations shall be subject to the provisions of this Ordinance as well as the basic zone district with which it is comb ined. Where a conflict occu rs between an approved P.D. and th e regulat ions of the underlyin zone district, the approved P.D. shall prevail. Density shall be considered within the approval process for a Planned Development. The density allowed by this Ordinance for the zone district can be increased only with the approval of the City Council. lbe approving agency may require that an applicant for a Planned Development waive any density increase permitted through variance. This shall not preclude density averaging within a Planned Development having an area of 10 acres o r more and under one ownership. Density avera g ing shall apply only within the same zone district unless approved by the City Council through the Planned Development. (2) In order to encourage good design and flexibility, all or part of the subdivision regulations applicable to the development may be waived if all public improvements and conveniences will be consummated through other documents and agreements. If Planned Development approval is withdrawn after any subdivision \.•aiver has been granted, or if construction of a Planned Development has not been started within tw o years from th date of approval by the City Council, the waiver shall be null and void and the property shall be subject to the Subdivision Regulations. A pre-application conference shall be h ld with Department of Community D velopment in order for th applicant to become acquainted with the Planned D velopment procedures and related City requirements. Application. An application for approval of a Planned Development shall be filed by the owner or own rs of the land. The application shall be made on a form provided by th City and shall be accompanied by plans and writt n statements showing th e following information • • I • • • • - -2- (I) n,•velopment Plan. , A development plan showing the major details of the proposed Planned Develo pment at a scale n o t small e r than 1" • 50' and in sufficient detail to evaluate the land planning, building de- sign, and other features of the proposed devel o pment. The develop- ment plan must contain, inso f ar as is applicable, the following minimum information. {a) A boundary survey . (b) The existing topographic character of the land. (c) The propo sed land us es. (d) The l oca tio n of all cx 1s t1nH and proposed buildings, structures and i tnp r ov~mvnt s . (e ) ThC' d,•ns fl y a nd typ e uf dwellings , including t ypical elevations and showln~ maximum h e i g ht . (f) Th~ major points of access to public righ ts-of -\.•a y , the internal traffi c and circulation systems , if a p plicable, off-stree t parking areas, service areas , and loading areas. {g) The location, height and size of proposed signs, fences, lighting and advertising d evices includ ing typical elevations. (h) Areas which are to be conveyed, dedicated purposes, including, but not limited to: areas, bicycle and pedest rian facilities, or other public purposes. or reserved for public parks and recreational easements for utilities, {i) Areas subject to a 100-year flooding cycle. (j) A general landscape plan with major types of materials designated as to purpose, source of water and type of sprinkling system. (k) Drainage plans. (1) Designation of various st ages for construction, if applicable. (m) A mylar of the approved development plan shall be submitted for recording in the office of the Arapahoe County Clerk and Recorder. {2) Written statement. The written statement with the Planned Develop- ment application shall contain the follow ing minimum information: (a) A statement of the present ownership and a legal description of all of th e land included in the Planned Development. {b) An explanation of the objectives t o be achieved by the develop- ment, including building descript ions, sketches, or elevations as may be necessary to describe the objectives. {c) A devel opment schedul e indicating the approxima t e date when • • I • • - • • • - -3- construc tion of the dev lopment or sta ges of the developmen t can be expe cted to begin and t o be completed. (d) Copies of any special agreem e nt s , c o nveyances, rest rictio n s , or covenants which will govern th e use, maintenance and p r o - t ection o f t h e development and pu b lic areas . (3) The applicant may subm it an y other information o r exhibits deemed pertinent t o the evaluation of the proposed Planned Development. d. Review and Approval . (1) Upon r ece ipt of the appl ication, t he Department o f Comm unit y De - velopment shall be responsible for coordinating t he review of t he development plans by the various Ci t y d epa rtments and app r op r iate pu b lic agencies culminating in the submi ssion of an advisory re po rt and recommendatio n t o t he Ci t y Planning and Zoning Comm issio n. Sub- mission of the repo rt and recommendations shall be accomplished with- in t h irty (30) d ays aft er the filing of t he complete application. A copy of the advisory repo rt and recomme nda t ions sh al l be furnished t o the applicant. (2) Within thirty (30) da ys after having received such report, the Com- miss ion shall hold a public hearing o n the application. The appli- cant shall post th e prope rty of the proposed Planned Development , in a f o rm pres cribed by the Department of Community Development, and th e Department of Commu nity Development shall be res ponsible for publishing the legal n o tice of the public hearing. (3) Within thirty (30) days from the date of the public hearing, the City Planning and Zoning Commission shall make written findings recommending to th e City Co uncil that the proposed plan is either approved, conditionally ap p roved, or di sa pproved . A copy of said findings shall be furnishe d to the applicant. If the plan is ap- proved or conditionally approved, the plan shall b e sent to City Council. If the plan i s disapproved, the plan shall be returned to the applicant together with t he findings setting forth the r eason for disapproval . The applicant may make the necessary revision and res ubmit to the City Planning Co mmission, or the decision of the City Planning Commission may be appealed t o the City Council by t he applicant. A second pub lic hearing shall n ot be required by the City Planning Commission on the r evisions. The City Council at its discretion may require a public hearing prior to co nsideration of the proposed Planned Dev lopment. Such hearing shall be scheduled in a timely ma nn er . Within thirty (30) days following th City Council 's public hea ring, if held, or within t hirty (30) days following receip t of the Planning Commission r ecomme ndation if no hearin g is held , the City Council shall make findings e ith er approving, ouditionally approving, o r disapproving the proposed plan. A copy of said findings shall b e furnished to the applicant. If the City Council finds that a plan i s disapproved , the applicant shall b given the reasons for the disapproval. The applicant may n~ke any necessary co rrections and • I • • • • • -4- resubmit the corrected plan to the Department of Community Develop- ment for appropriate action. (4) The approved development plan .including modifications or conditions, shall be endorsed by the Chairman of the City Planning and Zoning Conunission and the }layer, and shall be recorded in the Office of the Arapahoe County Clerk and Recorder. (5) Any person applying to the courts for a review of any decision made under the terms of this Chapter shall do so within thirty (30) days of the date of the decision and shall be required to pay the cost of preparing a transcript of proceedings and the application for review shall be in the nature of certiorari under Rule 106 (a)(4) of the Colorado Rules of Civil Procedure. e. Standards. Before approving a Planned Development, the approving a gency shall make written findings that the Planned Development will implement the purposes of this Ordinance and of this Chapter, and, in addition, meet the following requirements: (1) Uses permitted, The use in the Planned Development shall be a Per- mitted Principal Use in the Zone District in which the Planned De- velopment is located, or a use permitted pursuant to other provisions of this Ordinance. (2) The Planned Development shall be consistent with the intent of the Comprehensive Plan and the policies therein. (3) The Planned Development's relationship to its surrounding shall be considered in order to avoid adverse effects to the existing and possible future development caused by traffic circulation, building height or bulk, lack of screening, or intrusions of privacy. (4) Minimum requirements for usable open space shall be met through the overall design and amenities proposed for the development. Private park and/or recreational areas, owned in common, may be considered to meet the minimum usable open space requirements if it is deter- mined that such areas will meet the following requirements: (a) The area will be of sufficient size to adequately serve the entire development for which it is designed. (b) The area is accessible and available to all of the occupants for whose use it is intended. (c) The area shall be suitable and shall be used for landscaping and recreational purposes. (5) The number of off-street parking spaces in the proposed development shall not be less than the requirements of Section 16.5 of this Ordinance, provided, however, that the City Council may, upon the recommendation of the Planning and Zoning Commission, waive up to and including twenty-f ive (25) percent of said requirement in any zone district if one or more of the following factors are found to exist: • ( I • • • • • -5- (a) The probable number of automobiles own e d o r u sed by occupants of and visitors to the propos ed development will be less t han typically found in similar developments. {h) The parking needs of non-residential uses will les s en the over- .111 parking needs of the development. (.-) Varying time periods of usag e by mixed uses in the develop- ment will lessen overall parking requirements. (d) The property owners will participat e in a parking district which will adequately meet the off-s treet parking ne e ds of the development. (6) Site Planning. The approving :t~;e n c il•s shall be satisfied that the site plan for t he Planne d nevelopn•ent mee ts all of the following requirements: {a) If t he proposed deve l o pme nt ln <'lu<.les multiple family o r non- res id e ntial buildin gs o r s tru <'tur e s and it is adjacent to a singl e -family resid e ntial us c district, the development shall contain a buff e r. In order to minimize any adverse effects on the adjacent single-family area, the buffer shall be not less than a twenty-five (25) foot landscaped area, and an opaque six (6) foot d ecorative fence shall be provided. (b) Within the Planned Development, sufficient space must be pro - ~ided between buildings and structures, giving consideration to their intended use, their location, design and height, the placement and exten·t of facing window areas, and the topography and such other natural features as will assure privacy and a pleasant environment. (c) If the area of the development is such that an internal street circulation system is necessary, such system shall be designed for the type of traffic that will be generated, and all curbs at entrances and other access points shall have ramps to facil- itate access for the handicapped and for bicycles. All Planned Developments must have access to public streets. Private, in- ternal strLets may be permitted if they comply with City standards. (d) Bicycle and pedestrian trails are to be provided where the Cit y bicycle and/or trail plan or the Regional Bicycle Transpo rtation Plan shows such trail or trail corridor. Trail or walkway sys tems or lanes are to be provided, where feasible, to schoo ls, shopping areas, pa rks, greenbelts, and other facilities as necessary. Trail s ystems and walkways through open space areas are encouraged as an alternate to pedestrian sidewalk requirements and may be used upon approval by the City providing the following criteria are met: (i) The system provides at least the same level of service as would the appli c able sidewalk requirement . • I • • ....... • • • .. -6- (i i) Easements or open ways are plotted an d dedicated to the system. (iii) Trails or walkwa ys are either paved, treated or constructed from s elected mate rial to provide a suitable all-weather surface that is easily maintained . The type of construction shall be compatible with the anticipated use. (iv) A perpetual association or corporation or other suitable means is established for maintenance. (v) Pedestrian walkway s and bicycle trails are not combined. (vi) Where the area considered for Planned Development is less than 5 acres, bicycle trails are not required. (e) The site plan shall provide for the maxim um preservation of natural drainage areas, ve getation and other desirable natural features. (7) Dens ity shall be consid ered within the approval process for a Planned Development. The density allowed by this Ordinance for the zone district can be increased only with the approval of the City Council. The appro vin g a genc y may require that an applicant for a Planned Development waive any density increase permitted through variance. f. Development in Stages. The approving a gencies may authorize the implementa- tion of the development plan in stages. However, at the time of construction of the first stage of the Planned Development, any private or public recreational facilities required by the development plan shall be constructed t o serve ( the dwelling unit density for the entire development. g. Changes in the Development Plan. Except as provided hereafter, no changes may be made in the approved Planned Development during its implementation. h. (1) Minor changes in the location of buildings and structures may be authorized by the Director of Communi.ty Development if required by engineering o r other circumstances not foreseen at the time the development program was approved. No change authorized by the Direc t o r of Community Development under this Section may increase the density of the development, nor change the location of any building or structure by more than is necessary to correct the engineering or related problems; and provided that the Director of Community Development may not approve the relocation of any building or structure so that the building or structure is closer to any side or front property line than was approved on the development plan. (2) All other changes in the Planned Development plan, including changes in the site plan and in the development schedule, must be made under the procedures that are applicable to the initial approval of a Planned Development. Review for Conformance. The Department of Community Development shall review all building permits which have been issued fo r the Planned Development and shall examine the construction which has taken place on the site to insure conformance with the approved development plan. If the construction is not in conformance with the approved development plan, a Stop Work Order shall be placed on all construction until such time as the discrepancies are resolved. If it is not brought into conformance • I • • - • • • • • • -7- wit h th e approved development plan within thirty (30 ) days , the Department shall report the violation and the terms and conditions of the a pp roved development plan t o the Planning Commission. The Commission shall give written notice to the Planned Development applicant and all the owners a butting the Planned Development, and shall hold a public hearing on the report of violations submitt e d by the Department. Upon review of the alleged violations, the Commission may, if it deems n ecessary, require that ap propriate action be taken to remedy the violations. The Commission may approve such amendments and mo dify the approved development plan. If the amendments or modifications are not approved, the applicant shall bring the project into conformance, or the Commission shall recommend to the City Council that the approval of the Planned Development should be revoked, giving written finding s therefor. i. Annual Review. If the application f o r building permits has not been made within two {2) years of the Planned Development approval, the applicant shall be notified in writing and requested to give cause why the Planned Development approval shal l not be withdrawn. If the owner does not respond within sixty (60 ) days, t he City Planning Commission may recommen d to the City Council that the Planned Development approval should be withdrawn; the approved development plan may be declared null and void by the City Council, and written notice given to the property owner. Any subsequent Planned Development shall comply with the procedure set forth above. j. Completion of the Planned Development. Upon the completion of the Planned Development, the Director of Community Development shall issue a certificate for the Planned Development certifying the completion and shall n ote the issuance of the certificate on an office copy of the official Zoning Map and on the site plan. After completion, the use of land and the construc- tion, modification, or alteration of any buildings within the Planned De- velopment will be governed by the approved developmen t plan. k. Fee. The City Council may e s tablish a fee schedule for Planned Develop- ment applications to cover the costs of processing and review. 1. Approving Agency. As used in this Chapter, "Approving Agency" shall mean the City Council acting after having reviewed the recommendation of the City Planning and Zoning Commission • • I • • • • • Se c tio n 16.4-15 a (J ) EXAMPLE OF DENSITY AVERAGING FOR PARCELS I 0 ACRES & OVER & UNDER ONE OWNERSHIP USING DENSITY AVERAGING OVERALL DENSITY-1,000 DWELLING UNITS PLU:, D -5 A C. I( E. 'PA.R.C;; L : DEVEI.OPE.t:::> AT A 'l>E."l5 ITY OF" I I:JINE.LLINGo UNIT~ "Pe-R A.CRE. :. ~5 DWE..LLIHG c.JN IT~ I....EA'ItNG ICO.S' Z>WEL,I..CNG 1.1Ntr5 ~E~FMH> 0() -'5 AC.RE. 'PA~CEL...~ PEV£LDPEiD AT A l>E."l~IT~I e4= t4 'DWE.LLING Ul-l(T~ ~E.R AC!.P::E -:; /D DWELLIHG.I..>Nt T'S · LEAVtNG 1~0 'DWELLING I)NI'T'~ 'I':.ESE4tti£D ooo oooo-/S A~R.E... 'PA~C.E.L : DE.IJE~P£.0 ,.._, A t:>~tTi OF' 40 l>'NE.LLIN6 Ut-1 1 ~ Pe:li'!... ACRL ~ (.:,oo 't::>V-1 E.L LIN"' UN 11"'5 Z.9S DWE-LLit\G UN l T~ RE~E.f<:V€D 'FR.oM.. THE. 2. "FIIJ£ ACRE. "i'o(tru:>N":> ~F T*E. ~I' TOTAl-o" ffi5 :I'>WE.LJ.....IN6 ()NC~ ALI.OWE.D DEVE L OPED UN DER R-3 ZONI NG /?5 AC~E PAR,C.E.L DENS ITY : ""1 0 'D!VELLIWG VN IT PE.~ AC R E.. IF DE.VELD'PE.D C.OLl L 'D AAVE. • I . • - ·, • • • • • RESOLUTION ~N~O~._,~~~--~S~E~R~I~E~S~O~F~l~9~8~6 A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF ENGLEWOOD, COLORADO, TO CREATE A SPECIAL IMPROVEMENT DISTRICT IN THE CITY, TO BE DESIGNATED AS PAVING DISTRICT NO. 31, ADOPTING DETAILS AND SPECIFICATIONS FOR THE PROPOSED DISTRICT, AND ORDERING PUBLICATION AND MAILING OF THE NOTICE OF HEARING TO THE OWNERS OF THE PROPERTY TO BE ASSESSED FOR IMPROVEMENTS IN THE DISTRICT. WHEREAS, the City Council of Englewood, Colorado, has determined that it is necessary to create a special improvement district within the City, for the purpose of constructing and installing street paving, curb and gutter and sidewalk improvements, together with necessary incidentals, on certain streets as set forth in this Resolution, and to assess the cost of the improvements against the property specially benefited by the improvements and included within the district; and WHEREAS, pursuant to the Charter of the City and Chapter 14 of the Municipal Code of the City, the City Council has determined to construct and install such improvements, provided however, that the City Council shall consider all protests and objections that may be made in connection with the proposed improvements, before ordering the construction thereof; and WHEREAS, the proposed project includes the construction or installation of improvements along a portion of South Clarkson Street which is within the city boundary of the City of Cherry Hills Village, the entire cost of which will be paid by Cherry Hills Village; and WHEREAS, pursuant to an order of the City Council, the En g ineer of the City for the proposed special improvement project has prepared and filed preliminary plans, specifications, esti mates of cost, maps and schedules for the proposed improvements; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: 1. That the City Council has determinea necessity for the construction and installation of the street paving, curb and gutter and sidewalk improvements , together with - 1 - • I • • • • • - necessary incidentals, on those streets which are mo re particularly set forth in the notice of hearing, and to create a special imp rovement district for such purpose. 2. That preliminary details, the Engineer's specificati ons , reports, together estimates of cost, with the maps and schedules prepared and filed with the City Clerk be and the same are hereby approved and adopted by the City Council for use in the construction and installation of the improvements to be made in said improvement district. 3. That materials to be used in constructing and installing the proposed imp rovements are stated in the Notice hereinafter set forth. 4. That the assessments to be levied against the property to be inc luded within th e district, for said improvements, shall be due and payable within thirty days from and after the final publication of th e ordi nance assessing the whole actual cost of said improvements against the real property in said district, prov ided , however, that any owner who shall pay the entire amount of the assessment within said period of time, shall be entitled to an allowance of 5% of the amount o f the assessment. In the event a ny owner of real estate shall fail to pay the whole of such assessment against his or her property within said thirty days , then the whole co st of said improveme nts so assessed against suc h property installments of sha ll be payable assessments . The i n ten interest ( 10) rate equal on the annual unpaid installments of assessments will be at a rate not exceeding 12% per annum , as shall later be established by ordinance. The first o f said installments of principal and interest shall be due and p aya b le at such time as may be determined in and by the assessment ordinance, and the remainder of the annual installments of principal and interest shall be due and payable successively on the same day in each year thereafter until all are paid in full . 5. That the property to be assessed for said improvements shall be the property specially benefited by said improvements and included within the improvement district, and more particularly described in the Not1ce hereinafter set fortn. - 2 - • I • • - • • • • 6. That there shall be prepared an ordinan ce creating within the corporate limits of the City , a special improvement district to be designa ted as Paving District No. 31, providing for the construction and installation of the improvements, all as described in this Resolution, and in accordance with the preliminary report, plans, maps, specifications, details and estimates of costs of the Engineer, herein referred to and now on file in the off ice of the Director of Engineering Services. The proposed ordinance will be considered for passage on first reading by the City Council at a regular meeting thereof to be held on March 17 , 1986 . 7 . Notice of the public hearing on the creation of the district shall be published once a week for three weeks in the Englewood Sentinel , a newspaper of gener al circulation in the City. In addition, a copy of such notice shall be mailed, postage prepai d , to each known owner of real property within the proposed dis trict. The published notice shall be in substantially the fol lowing form: - 3 - • I . ( • • • • N 0 T I C E ------ OF THE INTENTION TO CREATE A SPECIAL IMPROVEMENT DISTRICT IN ENGLEWOOD, COLORADO, TO BE KNOWN AS PAVING DISTRICT NO. 31, FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING STREET PAVING, CURB AND GUTTER AND SIDEWALK IMPROVEMENTS, TOGETHER WITH NECESSARY INCIDENTALS, ON CERTAIN STREETS AND AVENUES, AND A PUBLIC HEARING THEREON. All owners of real estate and property hereinafter described, and all persons generally, are hereby notified that the City Council of Englewood, Colorado, pursuant to its owner order has adopted preliminary details, plans and specifications for construction of street paving, curb and gutter and sidewalk improvements , in and for a proposed special improvement district within the corporate limits of Englewood, Colorado, to be known as Paving District No. 31. Said persons are further notified as follows: (a) The improvements to be constructed or installed are as follows : s . s . On l) Necessary grading and excavation, paving with 8" compacted gravel base course and 3" asphaltic concrete surface, concrete walks, curb and gutter where not already installed or not meeting City standards; together with appurtenances and incidentals on the following streets and avenues: Fran 'Ib Clar1<son St. south line of Little Dry north line of E. Princeton Creek bridge Ave. Clad< son St . south line of E . TUfts Ave. north line of E. Belleview Ave. Proposecl: CUrb, gutter, and sidewalk on west side, 32 ' pavement width consistil')] of an 8' pari<il')] lane am t1o0 12' travel lanes with an 8' gravel shoulder and open drainage ditch on the east side. E. Hampden Ave . east line of s . Broadway Ave. east line of s. S'lerman St. Proposed: Oonstruct 32' wide pavement (8 and 3). 2) Removal and replacement of concrete curb, gutter and walk not meeting City standards (this part of the improveme nts will be assessed); 2" asphalti c -4 - • I • - • • • • • • concrete overlay will be constructed in connection with the project, but will not be assessed. On S. Clad<son St. Fran south line of u.s. Highway 285 1b north line of Little Dry Creek bridge (b) The description of the proposed district, and the property to be assessed with the cost of the improvements shall be all of the real property fronting or abutting on the streets and avenues between the termini hereinbefore described, including the real property within one-half (1/2) block of such streets and avenues. Adjustments for the assessment of costs will be made for irregular and odd-shaped lots and parcels of property. (c) The probable total cost of the improvements to be constructed and installed is $925,000. (d) The probable amount of the total cost which the City shall pay is approximately $400,000. The estimated cost to be paid by the City of Cherry Hills Village is $200,000. (e) The balance of the total cost which is not paid by the City of Englewood or the City of Cherry Hills Village will be assessed against the property specially benefited by the improvements, and included within the District. Probable costs per front foot for said improvements are as follows: Asphalt paving on S. Clarkson St., (assessed on 32 1 width (6 and 2) basis] Asphalt paving on E. Hampden Ave. (assessed on 30 1 width (8 and 3) basis) $26.00 per front foot $33.00 per front foot Paving of other widths shall be in proportion to the above estimates. Vertical c urb and gutter $14.00 per front foot 4" Sidewalk 4 I wide $14.30 per front foot 6" Sidewalk 4 I wide $20.00 per front foot 4" Curbwalk Type I $19.80 per front foot 6" Curbwalk Type I $25.25 per front foot No art o f the cost of that ortion of the ro ·ect which is located within the City of Cherry H1lls Village will be assessed against the real property within the City of Englewood. - 5 - • • I • • ( • • • • • All estimates exclude the inspection, collection, incidentals and law. six percent (6%) for interest as provided by Except as provided below, the costs of paving to be constructed along the sides of corner lots within the District shall be assessed against properties within one-half (1/2) block, or 300' of such intersections and corner lots, whichever is smaller, on a zone basis in accordance with benefits conferred on such properties. Each one-half (1/2) block, or 300' section, will be divided into six (6) parallel zones and assessments will be on the following basis: 1st Zone abutting on street or avenue ..•.•••••••..•..•••.••••••••• 28.55% Next Zone .••.••••••••.••.•.•.•••••.••••• 14.29% Next Zone .•••••••.•••.•••.•.•••...•••••• 14.29% Next Zone •••••••••.•••••.•.••••••••••••• 14.29% Next Zone •••••••.•••••..••..•..•••.••••• 14.29% Next Zone •••••.•••••••••••..••••••.••••• 14.29% Total 100% No assessments will be made for curbs, gutters and sidewalk3 in place which conform with the plans and specifications for the proposed improvements and which are acceptable to the City Engineer. The cost of impr.ovin~ street intersections throughout the District, and of pav1ng 1n excess of 36' widths and 8" thickness on streets designated as arterial or collector within residential zoning as of January 20, 1986, will be paid by the City . Property owners are specifically referred to the schedule of proposed assessments which will be on file in r'-~ Office of the Director of Engineering Services, from which the approximate amount to be a ssessed against any particular lot or parcel or property may be determined. Upon completion of said improvements, or as soon as the total cost thereof is definitely ascertained, such cost shall be apportioned to the property in the District. Notice of such apportionment shall be give n and a hearing will be held pri or to the adoption of an ordinance assessing such cost , all as provided by law . (f) The assessments will be due and p ~yable without demand within thirty days from and after the final publication of an ordinance assessing the whole cost of said improvements against the real property in the District; provided, however, that any owner who shall pay the full assessment within said period of - 6 - • I • - • • • • thirty days shall be entitled to an allowance of five percent (5%). In the event that an owner of real property shall fail to pay the whole of such assessment against the property within said thirty days, then the whole cost of said improvement so assessed ~gainst the prope~ty. shall be p~yable in te~ equal annual 1nstallments of pr1nc1pa1·. The flr!?t of such 1nstallments of principal shall be due and payable at such time as may be determined in and by the assessing ordinance, and the remainder of said installments shall be payable on the same date each year thereafter until all are paid in full. The rate of interest to be paid on unpaid and deferred installments will be at a rate not exceeding 12% per annum, as shall be established by ordinance to be adopted by the City Council at a later date. (g) A Hearing on the creation of the District will be held by the Council on Monday, February 24, 1986, at 7:30P.M., at the Municipal Building in Englewood. A public hearing shall also be held prior to the final passage of the ordinance creating the district, at the regular meeting at 7:30 P.M. on Monday, April 7, 1986. (h) Any person desiring to be heard upon the issue of the creation of the district or upon the construction, installation or improvement of the improvements involved, may appear at the time and place set for the public hearing thereon for that purpose. (i) A map, estimate and schedule showing the ~~9~0xi~at~ amount to be as~e~~e d, and all resolutions and proceedings will be on file and can be seen and examined by any person interested at the Office of the Director of Engineering Services at any time during business hours on or prior to the date of hearing. Dated the 20th day of January, 1986. ( S E A L ) Publish in: Englewood Sentinel /s/ Gary R. Hi~bee Director of Flnance Englewood, Colorado Publi sh on: January 22, 29 and February 5, 1986 - 7 - • I . • • • • 8. A copy of the notice which will be published shall also be mailed to each property owner to be included within the district and who will be assessed with the cost of the improvements. 9. Should any one or more sections or provisions of this Resolution be judicially determined invalid or unenforceable, such determination shall not affect, impair or invalidate the remaining provisions hereof, the intention being that the various provisions hereof are severable. ADOPTED AND APPROVED This 20th ~ay of January, 1986. ( S E A L ) Mayor ATTESTED: Director of Finance I, Gary R. Higbee, Director of Finance, ex-officio City Clerk-Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No. , Series of 1986, passed by City Council on the 20th day of January, 1986. - 8 - Director of F1nance, ex-officio City Clerk-Treasurer • I • • HOHDRV, Jenuerv 20, 199& MOHIIAY. Jenueq,• 20. 1986 UCDHCSDRV, Jenuerv Zl. 1996 rRIDRV. JenU6ry Z1, 1986 U[DHCSDRV, Jenuery 29, 1986 MOHOAV. rebruary 24. 1986 HOHORV , Kerch 17 , 1986 UCOHtSDRV. ftarch 19, 1996 HDHDRV. Kerch 2 1. 1986 HOHORV, April 7, 1986 U[DHCSDIIV. kpr-11 9. 19&C U[DH[~DR\'. Apr1 1 '· l98L IU[SIJI'IV. hp r tl 15. 198~ IHUR SDR\'. ftprtl 17, 19116 IHUI!SDIW. Rprll z ~. 198(, I HUitSDIIV, n.y a. 1 H6 rtrlDIIV, 1\ey 9, 1- U[DHCSDRV . n.v 21 . 198L HO'iDRV. June l. 1 'Bt HOH OR\', June 2. l 9 8L U (OWCSDA V. Jun.-~. Jfj&L ltk/l " I /9/R! • • • • SrlPct:~ng fsr" for fi&cal ~rrv1e~• e n d bor.d he,ndl 1 no . lon ~10rr r~t -l •lulton of 1ntrnt to fo .. ,., Pe-o.•l••g D1~lric:l Ho. 31 f~r•t put•llcatton of Hotter . Mst! n o tice of inLluEion in D1alrtct ond publ1c heer1ng to all effected p t opertv owner•. ' Second publication of Hotace . 1hard publtcetton of nottce. Publ1c hrartng on for~tton of Dla- tract. <Special Mtg.) et ?:30 o•c:Jo c •. p .n . Jntroductton of a bill for an ordl- r•nc~ cr£ettng the Ot 6trict. Publ:acat1on of b1ll for ord;anence.. Curb. putt~r. a:ad~~lk pe r ~at cut- off de te.. Second publ1c hearang C'n iftrf"''atso n of Otetr1ct. r~nal read:ang ~f bill for ord1 ne nc e . H~tlce. t~ contr actor~ and b o nd ~ole eut hor-:a:e-d. PuLl 1 :,.t, e s e n ordtoancc . Publ 1:-t,. i J rt.t notace t t. c t..~r ,t r•ctor • •nd t..o rod t .uut~or:.. Sec~nd nnt1ce to contr•rtor• •~d bo,,d t•u u ~r !>. lh:ar4 nultLr to contractor• •nd bond hOULL:;.. Open con~tructaon bada •t l:OO o•cJoc•. p .f'\. r•nel date for p~uete concrete c.onstruct1on. Ord1n.nce an full force end effect. Open bond bade •t 2:00 o•cJock o.~ •• au.r d contrectJ antroduce b a ll fo r o r danence to SG•ue end at 11 bond•. C8onda dated June 1) Publa c.at 1 or. of bl 11 to a ell bond:.. [~t. d ~t ~ ~f ~t•rt of eon~tructJon <9(J d•••t.). re :.t.eot of ord1nencr o n fJfl bl rett ~ln,... f'ul ·l l~t v · e_r , ord J nanrt. fvllo•.nng 1 Jn.... p .:.· ~e.g t . UrdJn 111L.t 1'' 1ull tfi c:ct--rr,,ct ,d : t •f tl c.r.et. •·&. t.ltlvrd . I > .~ ., ;1 , ~ :,; .j ~ ;~ ."1' 'I , ' •l -~ I • • • II ! .t'l I C11 G') ~ fTI c: {? ::J .. '5' '< ~ m .., 0 .., c 0 ::J .., Q. • • .. .., • '< Q. <07- 0 .. I ... __ ..._. ~~--.-.. ·..,...----~~ ~ Kala .. Ill ?00 w • • • g ~' »>OW. ~ !" - ~ 2500 Wyondol• · ~ z ~~ -f J: ~ ~ -~~ < II' t =--::-... . a. { ~ :::n ~ • 1 1""' • Vallejo ~ 0 1000 [. -o )> < -z (i) 0 -(/) -f :::0 -(") I · • • -1 z 0 • (A) ...... - • t • 3600-4100 S. Cla r hso n 4600-5000 S. Cl ar kso n 000-100 E. Ha Mpden Totals P K/lo 1114 /86 • • • PR ELIMINARY COST ESTIMATE E..QR PAVING DISTRICT NO. 31 Assessable Cost Se c . A $!23,400 122,800 78,800 $32 5,000 City Cost Sec. B $159,20 0 193,200 47,600 $400,00 0 C. H. Cost Sec. C $1!6,400 83,600 -0- $200 ,000 Total Cost $39 9 ,000 399,600 126,400 $925,000 I • • 3600-4100 S. Clar~son 4600-5000 S. Clarkson 000-100 E. HaMpden Totals . PK/lo 1/14 /86 • • • PRELIMINARY COST ESTIMATE E..QR PAVING DISTRICT NO. 31 Assessable Cost Sec. A $123 ,400 122 ,800 78,800 $325,000 C1ty Cost Sec . B $159,200 193,20 0 47,600 $400,00 0 • C. H. Cost Sec. C $116,400 83 ,600 -0 - $200,000 Total Cost $399,000 399,600 126,400 $925,000 I . ( • • • - C 0 U N C I L C 0 M M U N I C A T I 0 N DATE J anuary 14, 1986 AGENDA ITEM SUBJECT PROPOS ED PAVING DISTRICT NO. 31 Jib INITIATED BY --c•i~ty~M~awn~a~ge~rL----------------------------------------------- ACTION PROPOSED Consideration of r eso lut i o n of 1ntent to fonn Paving District -Hg. 3 1 on Monday. January 20 . 1986 S1nce 1956 , th e C1t y ha s b een iM prov ing tt5 str~ets to Mee t MiniMUM C1t y s tandard! thr ou gh 0 a v 1 ng IMprov e Ment Dtstr1cts . Du ring lh 1s per1od, soMe 24 d i str i cts ha;e been coM pleted , iMproving appr o~IMat el y 9: Miles of streets and 40 a ll.,ys . The co sts a f these IMpro~eM ents are bo rne b y bot h the adjacen t prop er ty wners, throu gh ~pec1~l ass~ssM ent s le v 1ed fo r wo r ~ d on e ad j a cent to th eir n~op~rt~~s. ~nd re c~t y, hrough budgeted MOOieS 10 the PIF fo r street a nd alle y 10 er 3ectt o n wor <, 1rctdental s rM sewer co nstruct t on, rlght-of-»ay ~:QU l!l ll o n, fence r~l oc 3ll :n5. ~tc. r~t :he 1383 9•J dt;:et Retreat, Gvuncll •e ntal tvely approved a te n-y e ar pe vt 'l g jt ~:~ ct pr = ~3M o b r tn~ 3l l •tr~et' no t tn clud ed In p~e ~tous dts l rt :ts u p t o .t ·~ 3 .)r :J a :-:J3 . T.,e pr;.p ..J~!d l l! a 5l reets <Pa ·Jing Otslri Cl e 31 ) re :>re3e'11 5 ;~ar •. ~• re t~n-y ~sr ~r-g r M. Th e 0 0 0 a n d 100 bl J cl 3 o f E. Hln p de'1, ~~t e n we re c~1:l ~d fro Pa .tn; Ctsl r 1c ~30, 199 5 due to confl.c s wtlh th~ !O nglewood Far kway pr oject , ar"O now proposed for 1nclustan 111 thts Otstr t ct. Th~se 3 ree s were pr e sented to Counctl ~5 an ec c unulat1on o • r e cOMM end~tlons f r o M se .. e ral .J r e ~3: r eQ u e !t"\ f r a ..., c1t tzen 5 , pet tl l0 t'5, re Quest3 fr·.,,., b•J~l- ""'e -,": 1r ~n:!u.ltr"I .:!l pr ;pert 1 C.N•~er~, re~ue'5ts fr;)M C J u r"l =l l , r~..,t ew o f j:u5 J1:;t .... t>.,t3, -e v t e w ·'J f "1 d ln ten.3 P ::e p r o tJlel"l5 and co 3~~. nj p ,1 c a 1.n3p ~ctt o n1. ~~!-t , t~:lu~t~r ·n t~~ .l,t, 5tr~~t ~ 3hc w1 n g Sl~n ~ o f 1t~tre55 ~ere ~st~d fo r •~t:•re~s o f 3spnal l C ~o n c ret~ and ~a3ec ou rse t o de~e r ~t~e the 'C~r.Jpr~3 t ~ ,:tt -n r e q utrad . ;tr~ets ~c t Mee Ln g ~l n tMUM :t t 1 !tdn d ~r d s a r~ ~r .. p?h'!d f ::r ,-f!con!tru ..:lt ·.:n lnJ a.s ~e~:5 M'!nt.. :.•.-~-:!l '3 that 3r-~ f o L..nd t ..1 .,'!~l :d, ';(3ndar <h 3re ne t pr o p J sed for pa 'l lrl jl'llr!:l tn c luo !..:r., tut ro3t.r!r", J r e 11c l.ied tn d G1l1 l •e r l3 {-1 e~lc~dl prJQr aM ~here n o d 55 e55 Ment s d r e l~v ted . T~e 'llld c ~~ l 1sl •a r ~o 1ed Stree l 3 f J r P v 1ng Otslr!cl No. 31 " c ons t sls o f • traet 1 dOd ~v enue5 that ( 1 I h~.e not pre t iCuJlt be en c~r5lru ct~d ~ ~lDlM UM Ct 'Y -,tJndards , (cl fr r.M te'lttn; r e ~ult~. reqJir·e toL~l re:c nstru •:l t ·)fl, The ·Jn l) _, c~p!t:l n l5 the ~GrJ<l l:ll c cl o l 'outh Cl<!r l 'i '~n '1 tree l Jht c h •.Ill b e 1 '1'!!\1~"1 f1r r::t r.~-:t ·ete. ... ,.r:t Jlr tiJ,~r~ .:>•11 ,. h tJ b l :~~~ ..Ji l l bC' ;.er L l }t"'t1 ·d t~L~t u -'"' \ p t ; ~ r ,-.t; t i '\I)~ t' I l I n -r ! t Q 1 ., "1 ~' i ~ '11 1 'j ·~ -j r: I r ~ l • • ... 'J c. I t , .. I r f l : J.J r t·} t~~ qtq h :c 11 .1 p.,t•"'f1 _1f"1 ;nj n5+r ~. l1 ·;n . I • - • • • • • !1.~00 ,00' 15 avadabl~ 1n the PIF fo~ the C1t y's shl!~e of the p~o;ect 1n 198 6. hs s e s sable costs w1ll be a va1l1!ble throu~h the sale of bonds. CON CLUSION AND RECOMMENQATION We rec o ~Mend passa~e of the resolution of 1ntent t o forM Pavin~ D15tr1ct No . ~ wh1ch sets the oubl1c hear1n~ for Februar y 24, 1986 at 7:30 o 'clo~l p.M. 1n the counc1l chaMb er ~. Please re v i ew the list of propo~ed s treets end estlMI!ted costs and the proposed schedule fo r con~truct1on of the D1str1ct . • I • - • I • • • • • Ol<DI NM-l:E 00. SEHIES OF 19 8_6_ BY AUrHORITY A BILL FOR COUOCIL BILL 00. 6 Im'RODOCED BY COUNCIL MEMBER ~-a.d..<J~~ v AN ORDINANCE APPR OVING THE COOI'RACT BE'IWEEN THE CITY OF ENGLEWOOD AND THE STA TE DEPARTMEm' OF HIGHWAYS, DIVISION OF HIGHWAYS, FOR IMPROVEMENTS AT TH~; INTERSFX:TION OF SOUTH BROAIJdAY AND BELLEVIE.i AVENUE. WHEREAS , there is a need for improvanents in the fom of installation of sidewalks at the northeast corner of the intersection of Broadway and Belleview Avenue in the City of Englewood; and WHEREAS, the State Department of Highways, Division of Highways (State), and the City of Englewood (City) consider it to be in their mutual interest to cooperate in the installation of these sidewalks; NCM, THEREFORE, BE IT OIID\INED BY THE CITY C<X.JN::IL OF THE CITY OF ENGLEl'lOOD, COLORADO, THAT: Section 1. 'lhe Contract between 'lhe State Department of Highways, Di v ision of Highways, and the City of Englewood is hereby approved. A copy of said contract is attached hereto and incorpor- ated herein by reference. Section 2. 'lhe Mayor and Director of Finance ex officio City Clerk-Treasurer are hereby authorized to sign and attest the Contract with The State Department of Highways, Division of Highways, for and on behalf of the City Council and the City of Englewood. Introdoced, read in full, and passed on first reading on the 20th day of January, 1986. Published as a Bill for an Ordinance on the 22nd day of January, 1986. Eugene L. Otis, Mayor Attest: ex officio City Clerk-Treasurer • I • • - • I • ( • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewocx:l, Colorado, hereby certify that the above aoo foregoing is a true aoo complete copy of a Bill for an Ordinance, intrcx:lucErl, read in full, and passErl on first reading on the 20th day of January, 1986. G:lry R. Hlgbee • I • • . ' ( ( • 0377V MP -CC 10-0088 -26 BELL!Vl~N AND BROADNAY CONTRACT • • • THIS CONTHACT. •ada thia ------day of ---------------• 19 _____ , by and between the State of Colorado for the uee and benefit of THE STATE DEPARTMENT OP HIGHWAYS, DIVISION OP HIGHWAYS, hereinafter referred to ae the State, and CITY OF ~NGLENOOD, STAT! OP COLORADO, hereinafter referred to aa the contractor or the Local Agency, WHEREAS. authority exieta in the Law and Punde have been budgeted, appropriated and otherwiae aade available and a aufficient unencu•bered balance thereof re•aina available tor payaent in Pund Nu•ber 2001, G/L Account Nu•ber 52046, Contract Encuabrance Nu•ber 86822: and WHEREAS, required approval, clearance and coordination baa been accoapliebed froa and vitb appropriate agenciee: and WHEREAS, the State recognizee the need for l•provoaente at tbe intereection of Broadway and Belleview Avenue in Englewood, Colorado: and WH!R!AS, the State and Local Agency conaider it to be in their •utual interact to cooperate in the inetallation of eidewalke at Belleview and Broadway. hereinafter referred to ae tbe work: aDd WHEREAS, the State Hiqhway Co••ieaion on October 24, 1915, qave approval for the State to enter into a contract vitb the Local Agency for Pro}ect MP -CC 10-0088-26, thereby accepting Local Agency tunda for a portion ot the work : and NHEREAS, the State and Local Aqency deaire to aqree upon certain responsibilitiea with reqard to the work: and WHEREAS. thie contract ie executed by the State under authority ot Section 43 -2-144, C.R.S., ae ••ended and by the Local Agency under the authority granted in ita ordinance or reeolution, attached hereto and •ade a pact of thie contract . ! NOW, THEREFOR!, it ie hereby aqreed that: I • • - • I (. ( • • • • l. The State will provide liaison with the Local Agency through the State's District Engineer, District 6, located at 2000 South Holly Street, Denver, CO 80222. Said Dhtrict Enqlnner will also be responsible for coordinating the State'• activities under this contract. 2. The State by ita eaployeea, agents or construction contractor , shall be responsible for the pecfocaance and coapletion of the work. One-half of the coats incurred by the State to pectora and coaplete the work aball be borne by the Local Agency aa provided in this contract . 3. The State baa estiaated the total coat of the work to be $40,000 . The Local Aqency shall provide funds to the State not to exceed an aaount of $20,000.00 foe the direct and indirect costa of a portion of the work. unless such aaount is increased by a written auppleaental contract. 4. The State will bill the Local Agency aonthly foe 50\ of both the incurred direct and indirect coats. The Local Aqency shall reait aaae to the State within 30 days after receipt of billa foe the work perforaed. 5. The Local Agency's funding foe the work shall not be derived froa ita ahara of the Highway Ueeca Tax Fund. 6. Intecia funda. until the State ia ceiaburaed, will be payable froa State Highway suppleaentacy Fund (2001). 7. The tara of this contract shall continue through coapletion of the work by the State and receipt of final payaent fcoa the Local Agency. B. This contract shall inure to the benefit of and be binding upon the pactiea , their successors and assigns. 9 . The •s pec i al Provisions • attached hereto ace hereby •a~e a pa ct hereof . • I • • - • I (, • ( • • • • IN WITN~SS WHP.REOY. the parties hereto have executed thie contract the day and year firat above written. - ATTEST: Chief Clerk APPROVP.D: State Controller By ----------- ATTEST: STATE or COLORADO 8.1 CHAllD D. !.AIM. GOV!:IlJIOR By =---,.,.-~,--:--:----P.xecutive Director DEPARTMENT or HIGHWAYS DUANE WOODARD Attorney General By ~~~~~~-------LYNN OBEilHYEK Firat Aeeletant Attorney General Natural Beeource• Section CITY OF ENGL~WOOD, COLORADO By Titl• ----------------------- -3 - • I • • - • I (. . . ( • • • • LOCAL AGENCY RESOLUTION OR ORDINANCE TO BE ATTACHED TO EXECUTORY COPIES • I . • • I ( • • • SPU IAL PliO VISIONS CONTROLLER 'S APPROVAL I Tht) conltiK'f ~II noJI be ~tntd \:t hd unctl 11 .. h<&ll h•".: b«n approved by lht Cone roller ollht S~tt of CC'IIor.SO Of wch ll)~t lol4nl a ~ he may lk\tJn.MC Th" PfOV hk'f'l '' o~pph c.ablt In any coocract mvol vtnil !he prilymcnt o f mont)' by lhc Slaac FU~O AVAILABILITY l Fuwnc'oll l ohhiM tt•"' tlf'W Sl.M~ J'W).Ihk JI!Cr tnc ~·urr~·nl ft -.c--.1 yea r art ~·onunscnr upon fUnlb for N purpo.c: bc tn& appropNIOd buJjcto.1 o~nd odw:nu~ m.J..• a ~;u l o~bk BOND kEQl!III.I.ML'H ) If tht:.. c:otMr.ct tnvohclo the pil)tnt.:t w ul ""~c th:an lilly ttnl~nd doUan; for the ~·onwruct.on, cro.:1tnn, rcp;.lt, matnct:nancc , Of tntprovc:mc "' o( an) ta..tkhnc . rua d , huJvc. vwdUICt , runnel , ca c..vauon lM" Olhrr pubhc "tllo'Ofk fcx lhtl Sulc, the: conll'llt10f !ohall . bciUK cn.cr tnc up.~t~ the ~r fomliln~.·c of ""> ~h v.twl. tnl.l~ m lhu. r ontract . duly CAA:W and Otlt'"r to and fak with the ofTIICwl "'how' !o.1¥rut\lrc: appco~r" bt.:.low for the Swtc ." ~·r..ll.l o~nJ >U f!iucnt bond Of Olhcr a..:a.pwbk Wrcf) kt be awroved by ~oa!d offw:~ tn • pc.f\ol l M~m .,.. k'" th.m one h.i ll 0 1 tht 11 4.1 1 .unnum p.t).blc: b) lht tcmu. of lhl• contr.act Such bond ~I be !July uccu&cd by II ~ill !OJ CllfllORIC WolfCI)'. conditiOned fur I he Juc •AIJ fauhful pcrform;.r,nce of t.hc ronlract , and 1ft JddiOOft, .tw.JI ~· INt ,( lht' \.ttonl r ... tor Of tw. .ub.:untroctof " f•tlm ttul} J'ol\ fm an) Lahor. nwcnal~. tam htre , WWCNM'e , prov.wonl, provendiw or Olhcr o,upr!K"> u!IO.ld or l.."tH'I~\Uned by ~h \.Unlritl..l•lf ,., h1" \Ub.:OOir..:tor tn pcnonnan..:e of' u.t .. on. CUNrac&t.d 10 be: done , the ~rrty ••II JllY the lolmc ""11n ••nount noc n cccdtnK tnt' wm ~J"'\'tftt.'\1tn lhc bond. toacttw.r .. ,th ''*~-' ~ tht r..c: of ctcht per ccn& per ann.tm Unk» wch bund , .. htn WJ rcqu~rcd , t) c'~LltcJ , !.k-11\c:rcd anJ tile.J . no cl.um tn fnor of the rontr.c10f amu~ under thu~ CflnlrltCt Jrohall be audnN, 1llowcd or p1tl.l A ccntftcd ur c;a .. h.cr ''i .:heck ur a baM n"lo.Jf'lt)' order mldr: P-Yablc to tht Truw.trtr of the s...&c: of Coior.do JNY be at:ttP'cd tn ktLl of a bonJ MINIMUM WAG E 4 E'«PI .I\ uth t",....t~ prundt'd h \ l:.w, tf tht, l'URifiiCI pr u udt) fur the p.aynwnt u( moM than (i.-e thuu~nd dolla.n and rtt jUtrc ' ur ln \Oh t) t ~ C'ntplo) rncnt uf laburtf\ Of mtch .. n~\ tn tM cun~truchon , altcratK-~n Of rt~ir u( an y bulldma m u thl·r pu bhr worii , h''"tl'' ht,hwav ... hiahwlly bud¥'"'· undtrpaan and hith,..•r 'itructurt"' uf all k.tnd)J ,.,thm 1M t¢t'OJro~ph K':tllrm'b o f tht' Sc :uc , the rate of ,.aar (Of alllabonft arwl nwchank\ rmpluyd by rhf runtnctor or any ~ub<'onlr:.ctur on tht buildtn~ or puhlic ,.urii. Co\errd by thtli contract ~all be nut k-~ th.n the prr\atltn& rllt of,.,.~) fo r .. n o. u r a stnular naturt' m thr Ctl )' ,rown , vtll•ac or othrr c•vll )Ubdt\otWn ur thr Stau '" .. h.c-h the butldrn~; or ulht'r puhlit wor\ •~ lucaiC"d Ot .. putc~ rcspcc-ltlll& prn11hnc rain WJII br n~lwd a.. pruudt'd 111 H·lb-101 (f(S 1973 , :1 ) :un~ndrd DISCKIMINATION AND AfflkM ATIVE ACTION 5 The conmw:1(M" acrccs to compl) ""tth tht lcnrr and ~tnt of lht Coton.do ARI.Jt..cnnunaoon Act of 1951. u amended and ochc:r ~.ppl~e•ble law rt\pcctln& dt..cnmm•t~tll'l and unf;11r cn~ployrnrnc prachcn 12"·J.4..t02 . CR.S 197g Wippkment), anct as rc:qutrtold by EACCUIIVt" Order. Equal {)ppJMUnll~ afll.l AffimwtiVt" Act.on . dated Apnll6, 197S ~I'WWW lhcrtto, 1Jw folloWifW prov1 · .)lOR) Jai.IJ bt (\)ltCitlnaJ Ill Ml/ S ... IC ~'11#)/r .. ,(.\ ,.,. \Ub·'-'lllllf.U'h Ourinctht pcrfnnn:an ce ur lhl\l·untr•cr . the cun tr.actur a~ r. follows (I J Thc cuntracrur will rwl di.)Cnmm:.tc ~:.U!I)I any rmP'oyH or applinnl (or rmpluymcnl becau.e u( f;k.t', cr"·td. culor n:altunal ·'""'"· \4'' man Ill )l alu ~. rtliJJun, anent I')', mrnlll or phywc..-1 hudicap. or IF· Tite rontriC'to r "'"'" la~r affinnall\t a.. lion 10 in,urt 1hat applican b art C'mployed, and thai employers art lft'ltc,J dunn)! t'inJIIu) nll'nt . wtthuut rt'~oud lu tht abo~ menriontd charactemticl. Such actiun \hall include, but nul be ltnurcl.l w the fulln,.1n1 t'mp4o} men I , uparadinc. dcmorion , n r tran)ftr, rec.naitmrnl or rccnutn\t'nt advrrlt\lllp .la)·ufh or trnnmatiOtb r:llt\ of p:ay or uth~r fonn) of cumptnYiion ,and .. ~dun for tr:aimna. mdul.ltnK •vtnt"ni iCt'~Hp The r untrxlor aar«t. to pUil m cunt.ptcoou) placu, •vailab&t to rtnployrtt. and JpJ1hc o~nh rur t'lllj)lu) mrnt not ice~ tu bt prU\'tded by rhe conlractina orr.ur tell ina fonh ptO\I ~tOn) of th u nun·d t..C ntniiiJIIIUn d auw (2, The CU IIIflk'IUf wtJ J. In :.i ll \ollt."ltJIIUnS Of ld~erli!l'tnvniS (Of Ctnplo)'eel plated by Of On bt:hal( o( the runtnctur. \late that aU qual+fi r d .tp jllr t:.lllb wall rtcetvr conWdt ralion for t'mploymrnt wtlhoul rtprd to '*'"'· ~ n't!d, ..:"'or, n .. lt una.l un""• ~·'· m .J nl.aJ )(.IIU\. relt&jon , ance)lry, nwncll or phywcaJ handlc1p. Of • (lJ Titt contr :ac tm v.tll w ud h• c••:h lo~b.,, uruon o r rep~)t'ntati\e of wortrrs wilh which he hu: culltcll'tt b .. r,;unutc •l"'tmt:'nl or o tht•f tnnlr....-1 ur undt•l'\l:md•n&. uuhrc lo l:w provided by tht r onti"IChnJ off~eer , adusmM th e la bor un•on or ,."'~ ... ~· rrpre-.enlartve of tht:' contrtctor's comnultmenl under Cht £\ecucft.e Orl.l cr . l:.~ulll O pport u ntl)' and Afti nnittve Aclton, dalel.l Apnl 16. 197S , and of t"e NIH, ~aula ti otU, and rde¥all l Orden uf t he Gmrm nr t.a, The contrxror anl.l htbor unmth wd l rum•sh :&II tnfonnattnn and rr porU requtrtd by Eaecu hve Orckr , E.quM Optlortumty an d Al fi rmam~ Ac uun uf ApnJ 16, 19 7 S, and by the rultti, reaulatiom and Ord«-n of the Govt m or . 0 1 p u ~u 11 nt c h~rclo •nd Wtll pt'nmt :IC\.'fi) Itt h" book.s, r«Ofd ~. and accounU by tht contractina aj r ncy 11nd tht o fr.cce of tht' Gu"~mor ur ht~ de\lane~ fur purpu.e.• o f invuhplion to ucertatn comphanc-e W1th )UCh ruin, rtaulahon) ~tnl.l urdt:n (S ) A labo r oraamuhon wdl nul nclude any ind.vtduaJ otherwtlt f4UaJtfied hom fullmembtrshtp riahlltn such la bor o raant.utton, or ekpd any i uch 111dntdual hom mtmbtnhip in wc:h labor Of'JI'UUiion or d•scnmtnate •aa~n.n any or 1b memberi in the full enjoymcnl of 'Work opportunity, bec.MaM of ract, creed . color, )tll , nallon-' onpn, or anchtry . (b) A labor oraaniullon , ur the .:mpluy«s Of ln4:mbtl'5 thereof will nol aid , a~ I. iAcite , comptl Of coert:e the duina of' an y act defined in th1s conlrxl to be dt~eriminatory or ol»:tNCt or pre¥-t.ftl any penon from comply in& wilh thr vrovisionli or th i~ contrKI or any order MUed the~undtr: or ancmpt. det-er diteclly or lnduttlly , 10 commit any art defined tn thii contract to be dilcrinwnalof)'. __ ,_.,_z__ I • • - 'I ( • • • - (7) In IM cwnl of t"r COIIIraclor't nott<o..,.iaftct witJtlhc non-dilcriminatioft diUIH of this contnc:t or wich any of -.ch Nits, rt ... alioftl, or ordnl. lhtl c•tnct .,Y he canc:t'llcd, ICmMIIIItd or lwpeft•tt in whoM or in part and the contnclor may be declared iMii.Wt for furtHr S&atc contncll in .a:ont-.c:c with procHuru, 8Uihoriud in E'aecutM Ordtr. Equal Opponuftily Md AffmMtift Actioft of April16, 1975 and tht Nitti, rtJYiattoiU, or ontr" promulptcd In KCOICIIR!tt lbtftwtth, IINI such other IMCtiOftl • Ma)' N impo11-' ..wl rt~ • Ml)' tw imok~ • ~ ift Euc.•tiw Ordtr, £qui Opportuaily Md Affir-..tiw Actiooo of Apnl 16, 197S , Of b) NIH. ,.....,_, or -n ,..,...pled i• toC<onl-• tbt .. witlo, 0t • ........... _,.4 by low (I) Tht coatroctO<,.. Olldoodt tilt .............. of _..u (I)..,_,. (8) io ntty MlkOftln<IIIMI wkottUKior pt~n:hllr o.dn ..... e.aeMplc4 by n*t. ,...a.tioM. or.,... i....c1 purwMI to E•ea~tM Ordtt. Equol Op ..... •ooil)' aod Air,....;.. Acliooo of April 16, 1975 , oo--.............. wil 1oc ....... II [110ft ~ wb-cc.cnctor or vtMor. 11M c•tnctor wllllkc IUdl tt:tioll wi* '"P«IIo •Y •b-co.tnc:tifta Of ~ ordtr • lhe contrKI._I Ill*)' .. Y dinct, • 1 ... of nforcin& IMdl ,owitiOM. ind&Mtin& IMCtioM for •on-cOMPliance : pro¥ided, howcwr, Chat in dtc ntnllhe conlnc:tor llrcoll'lft ilwotwed in, or il rhNMc..d with,lilipcion Mlh lht wbcoatnctor or vt1M1or •• ftiUit ofiUCh dirlction by checonlnc:liaa .. K)', lhc CCMIIrKIOt NY ,....., rht Stale of C~ to nkr iRIO .uch litillti• to ptol«l 11M inlrlftl of lht Scale of Color.clo. COLORADO LAIIOR PREFERENCE 6. Pr .. ilions of 8·17·101. ol IOl , CRS 1973 fDf prtfcmlet of CoiOftodo lobO<.,. oopplicoblt to this conlro<l if ~Ubfic wortu within the State are undmaktn hcreundH and are financtd an wiMalc or in part by S.atc fundi. GENERAL 7 Th~ law s of rhr Start of Colorado and ru~s and rraubhon~ iuued purwanl thtrtto lhall bt apphd in the int~tation , n«ution and rnforcemrnt of thi:i conlrKI. Any ptOYitoion of thil contrKI whetMr or not incorporated herrin by ref~rence whkh providn for arb1ttation by any ntr•·judic:ial body or prnon or which il othenrrilt in connict with Slid '-ws . ru6H and reawbtiom shall be t'OMMWrtd null and .old. Nothiftl CCNttained in MY prcmision incotporattd hn-tln by ~reren« whM:h purports to Rtt~IC this Of any other specie~ proNion ift whole or in part shall be wahd or enforcrablt or awltlabat in any ICiioll at lllw whtthtr by way of COMplaint , ddenst or otherwise. Any promwn rendered nyll and void by tM openti«M~ of thil promto.. will Ml in..tidate the rtrNindtt of this contract to the utcnt that thf' cotttrect il ca ..... nf cucuteun. a. Tht ~anatone ... hereto aver th ;&l the y art fanuhar with 18-M·lOI. Cl totq . (lribtty and (Gmlpl lnftuencn) Mtd 18·8--401 . et M"q , (Abu" ••f Pubhc Olrife). C.R S. 1911. a11 anwndtd. and I hal no wiu&aciott or such prowilions is pH~nl . 9 . The Wanatontll au•r th11 lo their knuv.~dlf . nu ~:alt empluyte haa any ptf)Oftll or btndidal inlnfit whaiiOn'tr in thf itf'\'K'~ nr proprrl)' dncubcd htrt•n WHEREOF . thr parttn hertto hawe necultd chi.. A-.tl'f'nwtu on the day firlf abow wrilt STATE Of COLORADO RIC :HARIIU.I.AMM. (;UVF.RNOR --------ly -.st~~t~k~t~CT~O-k-.----~--------~ DEPARTMENT ••ilion __________ ,._, _________________ OF --------~'-------------~ • I • • • • • I C 0 U N C I L C 0 M M U N I C A T I 0 N DATE J anuary 14, 1 9 86 AGENDA ITEM SUBJECT Belleview Sidewalk ( I lie, INITIATED BY Director of ppbl ic Works ACT I ON PROPOS ED Passage of grd j nap ce ant h arj zj nq contract w i t h State Qe partment of Hi hwa s BACKGROUND Se veral Mont hs ago, repre s entative s froM the City Met uith re p resent a ttves froM the State Highuay DepartMent to discus~ the need a nd t n s ta1lation of si dewalk along the north s ide of Ae l l~vi~u eas t of Broadua y. A co ~per a t1ve effort ua s a gr~ed upon uith the Sla te a nd City .,harl.;,g th" cost. The S tate u1.ll handle a ll properly neg o tJ..::>- tt o ns, J~sl~n. c o n s truction, etc. Ql SCIJS~ Ultl A •t ~ch e d 13 a c o ntract wtlh the State De p a rtMent of HL~hw av3 to co•Jer th in3lullation of the si dew a lk. The Sta •.e wtll handle the dela1l a nd bill the Cit y SOX of the J.ncurred c o sts each ,.,onth. Right -of -u ay w1.ll have to be obtained along Bellevie••· Our S OY. co s t is es tiMated at $20,000, a nd that u1ll be the ,.,ax t MIJ M n •• t L JY un l e s s s uch a ,.,oun t is increased by a uri tten "uppl e Me l tal contrac t. The Ctlv"s s hare has been budgeted in the S ix -Qua rter Budg e t Pif, Hovenb e r 19, 1985, Re so lution Ho. 51 . lt 1 r ••co,.,,.,cnded that Council a d opt the ordin."3nce .:.u thor iLinoJ e<..,c.ult ·•n o f the c ontr .,ct with the State Depart.nent of Hl'}t,.,.,.ys. I • - ~ ., ... . (, (, • ( • ORD INI\N:E NO. SERIES OF 198-6- • • • A BILL FOR COUN:IL BILL NO. 5 lm'ROOU::EO BY COUNCIL Ha1BER 1./M~<A-- AN ORDINAN:E APPROVING THE 1986 COOI'RACT BE'IWEEN THE ENGL&/000 PUBLIC LIBRARY AND SEMBCS (SOUTHEAST METROEQLITAN BOARD OF COOPERATIVE SERVICES) FOR CATALOGING AND PROCESSING SERVICES FOR LIBRARY MATERIALS. WHEREAS, the Englewood Public Library and southeast Metropolitan Board of Cooperative Services (SEMBCS) desire to enter into an agreement for 1986 in which SEMBCS agrees to provide media cataloging and processing services; NCM, THEREFORE, BE IT OROOINED BY THE CITY COUNCIL OF THE CITY Of ENGLEWOOD, COLORAOO, THAT: Section 1. The City Council hereby approves the contract between Englewood Public Library and southeast Metropolitan Board of Cooperative Services (SEMBCS) for the period January 1, 1986 through December 31, 1986 for media cataloging and processing services. A copy of said contract (entitled "SOutheast Metropolitan Board of Cooperative Services 300 West Chenango Englewood, Colorado 80110) is attached hereto and incorporated herein by reference . Section 2. The Mayor and ex officio City Clerk-Treasurer are hereby authorized to sign and attest said contract on behalf of the City Council and the City of Englewood. Introduced, read in full, and passed on first reading on the 20th day of January, 1986. Published as a Bill for an Ordinance on the 22nd day of January, 1986. Eugene L. Otis, Mayor Attest: ex officio c i ty Clerk-Treasurer • I • • (C • I ( • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Color~o, hereby certify that the above and foregoing is a true and complete copy of a Bill for an Ordinance, introdocerl , read in full, and passerl on first re~ing on the 20th day of January, 1986. Gary R. Hlgbee • I - ( • I • • • • SOUTHEAST ~IETRO POLITAN BOARD OF COOPERATIVE SERVICES 300 West Chenango Englewood, Colorado 80110 The Southeast ~letropolitan Board of Cooperat i ve Services (SEMBCS) and the En glewood Public Library do hereby enter into an agreement in which SEMBCS agrees to provide media catal oging and processing services. The above agree- ment is effective beginning January 1, 1986, and ending December 31, 1986. In support of the above agreement, Englewood Public Library agrees to pay S91BCS the sum of Sixteen Thousand Eight Hundred Seventy-Five Dollars ($16,875), a n amount which covers the complete cataloging and processing of Four Thousand Five Hundred (4,500) items at Three Dollars and Seventy-Five Ce nt s ($3. 75) each . In a ddition, Englewood Public Library agrees to pay S91BCS the sum of Five Hundred Dollars ($500) for the weekly delivery of the processed items to the En glewo od Public Library by SEMBCS. If the number of item s processed exceeds the 4 ,500 s pe cified in this agreement during the terms of the contract, Englewood Public Library will be bil led at Three Dollars and Seventy-Five Cents ($3.75) for each item over tha t number. On the other han d, should the number of items processed fall below 4,500, Englewood Public Library will receive a credit of Three Dollars and Sevent y-Five Cents ($3.75) for each item und e r the total amou nt. That credit may be applied to the 1987 contract, if one is forthcoming, or a refund given early in 1987. In add1 i on to the above amounts, SEMBCS agrees to provide the application o f 3 ~1 Secunt y Stri p s to all processed Englewood Public Library items. These will be prov i ded to SEMBCS by Englewood Public Library a nd will be applied by S9 1BCS as part of the regular processing at the rate of Fifteen Cents ($.15) per item or a total cost of Six Hundred Seventy-Five Dollars ($675) for the a pproxima te 4, 500 items to be processed by S91BCS for Eng! ewood Public Library und er th is agreement. • , I • • ( • • • • SEMBCS ~ledia Services will ·be responsible for: 1. Receiving and checking in of materials, including rectifying of errors in shipping. · 2. Professional cataloging of all materials according to procedural agreements. 3. Materials processing will include, for books: a complete card set, bar code label, book pocket, mylar jacket when needed, security strip (as supplied by EPL), a complete set of labels, ready for usa Audio- visual items and kits will receive a complete card set, bar code label, pocket, security strips as appropriate, and a complete set of labels for each major item, ready for use. 4. Delivery of processed items to Englewood Public Library once a week. 5. Payment to SB!BCS by Englewood Public Library shall be as follows: $16,875 675 500 $18,050 (for the 4,500 items to be processed under this agreement) (for the 4,500 items supplied with security strips under this agreement) (for items delivered under this agreement) TOTAL PER THIS AGREB!ENT Payment to SEMBCS by Englewood Public Library shall be made as follows : $9,025 by February 15, 1986 8,025 by July 5, 1986 Signed as of the ----....:day of ---------• 1986. President, Board of Directors Secretary Mayor, City of Englewood City Clerk-Treasurer City of Englewood • 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 J I cL BOOK PROCESSING CONTRACT INITIATED BY Library Department ACTION PROPOSED Council adopt the Bill fpr an Ordjnance for 1986 Contract between Englewood Public Library and SEMBCS INTRODUCTION : The Library Department contracts with a regional book processing center for the classi- fication, cataloging, and processing of current acquisitions for its collection. This arrangement with the Southeast Metropolitan Board of Cooperative Services (SBMBCS) results in the availability of machine readable bibliographic information for these ~ms which will be used in the EPL automated library management system. FINA i~CIAL: The contract presented for your consideration covers the time period January 1, 1986, to December 31, 1936. Department staff estimates that the Library will acquire 4500+ titles in 1986. This contract includes a per item price of $3.75 for 4500 items. - This 1986 contract also includes a single annual charge of $500 for the weekly delivery of processed items to the Library from SEt-IBCS, as well as a per item price of $.15 for the insertion of security strips into the processed materials that allow them to interact with the Library's Book Detection Security System. The total cost under this 1986 SHIBCS contract is $18,050 and has been included in the 1986 budget for the Library Department. RECO~IMENDCD ACTION: Council ado pt the Bill for an Ordinance for 1986 Contract. • • I • ( • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE A 1 GErDA 1. TEM 1-4-a_., SUBJECT • January 16, 1986 AID TO OTHER AGENCIES -1986 INITIATED BY City Council ACTION PROPOSED __ ~Fo~ruma~l_mm~p~ti~p~n~p~f ~C~i~r~y~C~p~"nwc~i~J~t~o-awo~o~r~o~y~e~fuwn~d~sLaa£S ________ ___ allocated under Aid to Other Agencies. City Council Budget. Background At the City Council Budget Retreat on September 1985, it was Council's decision to allocate $25 ,000 under its Aid to Other Agencies budget to the following: Interfaith Task Force Arapahoe House Community Arts Symphony Meals on Wheels Program Englewood Jaycees Recommendation $13,000 4,000 1,500 3,000 3,500 $25,000 That Council formally approve a motion to distribute the allocations from the 1986 budget. • soo.oo 333 .oo I •