HomeMy WebLinkAbout1986-02-18 (Regular) Meeting Agenda• -
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CITY COU NCIL MEETING 2-18-86
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COUNCIL CHAMBERS
City of Englewood, Colorado
February 18, 1986
REGULAR MEETING:
The City Council of the City of Englewood, Arapahoe County, Colorado , met in
regular session on February 18, 1986, at 7:30 p.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 . 92.
Mayor Otis asked for roll call. Upon a call of the roll, the following were
present:
Council Members Higday, Van Dyke, Vobejda, Kozacek, Bilo, Otis.
Absent : Council Member Bradshaw
The Mayor declared a quorum present.
* * * * *
Also present were:
City Manager Mccown
Assistant City Manager Vargas
City Attorney Olsen
Deputy City Clerk Crow
* * * * *
COUNCIL MEMBER BILD MOVED, SECONDED BY COUNCIL MEMBER KOZACEK , FOR APPROVAL OF
THE MINUTES OF REGULAR MEETING OF FEBRUARY 3, 1986 . Upon a call of the roll ,
the vote resulted as follows :
Ayes: Council Member s Hi gday , Van Dyke , Vobejda , Kozacek , Bilo ,
Otis.
Nays: None .
Absent: Council Memb er Bradshaw .
The Mayor declared the motion ca r ried .
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City Council Meeting -February 18, 1986
Page 2
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Mr. Charles Florian, 3998 South Pennsylvania, was present to address Council
concerning the Arapahoe County Fairgrounds property. He provided Council with
copies of a press release dated February 18, 1986, urging support from Council
of the non-profit group which has been formed to accept donations to preserve
and protect the Arapahoe County Fairgrounds and to provide them with the time
they needed to accomplish this. Discussion ensued relative to the timing of
this request; the legalities involved in the matter which would prohibit
Englewood from deannexing the property regardless of public opinion or a
referendum, unless requested to do so by the owners of the property; the
status of the bankruptcy of the Arapahoe County Fair Association (legal owners
of the property). Council was asked by Mr. Florian if 51 percent of the
registered voters in the City of Englewood requested Council to leave the
property alone, would they do so. Councilman Higday, speaking for himself and
as a matter of record, agreed that if 51 percent of the registered voters
requested an ordinance to deannex the property, he would support the
ordinance, knowing, however, that the matter would then be taken to court and
declared null and void. Other members of Council did not respond to this
question . However, it was pointed out to Mr. Florian that the only way the
property could be deannexed would be at the request of the owner of the
property. The ordinance approving the contract with South Englewood
Sanitation District No. 1, in order to improve the services of water and sewer
to citizens within the boundaries of Englewood, was also discussed.
* * * * *
Ms. Eleanor H. Hoagland, 4063 South Delaware, addressed Council relative to
several concerns she had about the way Englewood was being developed and the
resultant financial strain this put upon the elderly of the city. Many of her
comments were rebutted by Mayor Otis, and she was encouraged to contact one of
the Councilmembers to have these matters explained to her fully .
* * * * *
Mr. Pete West explained his involvement in Arapahoe County, ACCORD, and 4-H ,
and addressed Council relative to the fairgrounds property. He stressed that
the property in question had been dedicated to the children and to the youth
and requested City Council to give this matter further consideration,
requesting more time before all their options are closed. The matter was
further discussed and it was explained again that the City Council does not
have the power to deannex unless requested to do so by the owner of the
property in question . He requested Council not to vote on the ordinance
before them tonight concerning the agreement with South Englewood Sanitation
District No . 1.
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City Council Meeting -February 18, 1986
Page 3
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COUNCIL MEMBER BILD MOVED, SECONDED BY COUN CI L MEMBER KOZACEK, TO BRING
FORWARD ITEM 14(b), A PROCLAMATION REQUESTED BY THE ENGLEWOOD ELKS CLUB
Upon a call of the roll, the vote resulted as follows :
Ayes: Council Members Higday, Van Dyke, Vobejda, Bilo, Kozacek,
Otis.
Nays: None.
Absent: Council Member Bradshaw .
The Mayor declared the motion carried.
COUNCIL MEMBER BILD MOVED, SECONDED BY COUNCIL MEMBER KOZACEK, FOR APPROVAL OF
THE PROCLAMATION DESIGNATING FEBRUARY 16 -20, 1986, AS THE 118TH BIRTHDAY
WEEK OF THE ORDER OF ELKS IN ENGLEWOOD, COLORADO. Upon a call of the roll,
the vote resulted as follows:
Ayes: Council Members Higday, Van Dyke, Vobejda, Bilo, Kozacek,
Otis.
Nays: None.
Absent: Council Member Bradshaw.
The Mayor declared the motion carried.
The signed proclamation was presented to Harry Musser, Past Exalted Ruler of
the Englewood Elks Lodge, 3690 South Jason, with Council's congratulations .
* * * * *
Mayor Otis made comments to the audience summing up Council's position with
regard to the fairgrounds property stating the City of Englewood does not own
the fairgrounds and that interested parties should contact the Fair
Association. In response to a question from the audience, the Mayor stated
that the property in question was zoned R-3 and B-1.
* * * * *
Kenneth C. Ferguson, Immediate Past Flotilla Commander 1-4, United States
Coast Guard Auxiliary, requested use of the Police/Fire Center Community Room ,
without fee, for boating safety instruction classes.
COU NCI L MEMBER HIGDAY MOVED , SECONDED BY COUNCIL MEMBER KOZACEK, TO ALLOW THE
COAST GUARD TO USE THE COMMUNITY ROOM AT THE POLICE/FIRE CENTER ON FOUR
CONSECUTIVE SATURDAYS AS REQUESTED AT NO CHARGE . After discussion of the
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City Council Meeting -February 18, 1986
Page 4
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matter and upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Higday, Van Dyke, Kozacek, Otis.
Nays: Council Members Vobejda, Bila
Absent: Council Member Bradshaw.
The Mayor declared the motion carried.
* * * * *
BY AUTHORITY
ORDINANCE NO. COUNCIL BILL NO. 16
INTRODUCED BY COUNCIL MEMBER VAN DYKE
A BILL FOR
AN ORDINANCE APPROVING AN AGREEMENT TITLED "COOPERATIVE AGREEMENT" BETWEEN THE
CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD URBAN RENEWAL AUTHORITY
RELATING TO THE USE, CONTROL, AND POSSESSION OF SECTIONS OF SOUTH JASON STREET
AND SOUTH ACOMA STREET.
COUNCIL MEMBER VAN DYKE MOVED, SECONDED BY COUNCIL MEMBER KOZACEK, FOR THE
APPROVAL OF THE COOPERATIVE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND
ENGLEWOOD URBAN RENEWAL AUTHORITY RELATING TO USE, CONTROL, AND POSSESSION OF
CERTAIN STREETS. Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Higday, Van Dyke, Vobejda, Kozacek, Bila,
Otis.
Nays: None.
Absent: Council Member Bradshaw.
The Mayor declared the motion carried.
* * * * *
Consent agenda items were:
(a) Minutes of the Englewood Housing Authority meeting of
December 4, 1985.
(b) Minutes of the Urban Renewal Authority meetings of
January 8, 14, and 22, 1986.
(c) Minutes of the Liquor Licensing Authority meeting of
January 15, 1986 .
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City Council Meeting -February 18, 1986
Page 5
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(d) Minutes of the Planning and Zoning Commission meeting of
January 21, 1986.
(e) Municipal Court 1985 Fourth Quarter and End -of-year
Activity Report.
(f) Ordinance on final reading regarding the Parks and
Recreation Commission Membership.
(g) Ordinance on final reading establishing a City Clerk
Division in the Finance Department.
(h) Ordinance on final reading approving a Memorandum of
Agreement and Addendum to the Memorandum of Agreement from
South Englewood Sanitation District No. 1 which will allow
sewer service to be provided to the former Arapahoe County
Fairgrounds.
(i) Ordinance on final reading approving the vacation of the
west leg of the alley between South Clarkson Street and
South Emerson Streets, 3500 block south.
(j) Ordinance on final reading approving the Southgate
Sanitation District's Supplement No. 108 to annex
approximately 2.386 acres located at approximately South
Colorado Boulevard and East Orchard Road to the District.
(k) Ordinance on final reading approving the Southgate
Sanitation District's Supplement No. 107 to annex
approximately 2.386 acres located at approximately South
Colorado Boulevard and East Orchard Road to the District.
(l) Ordinance on final reading approving the Valley Sanitation
District's Supplement No. 17 to annex property located at
4700-4800 South Decatur to the District.
COUNCIL MEMBER HIGDAY MOVED, SECONDED BY COUNCIL MEMBER BILO, TO ACCEPT
CONSENT AGENDA ITEMS 9 (a) THROUGH (l). Upon a call of the roll, the vote
resulted as follows:
Ayes: Council Members Higday, Van Dyke, Vobejda, Kozacek , Bilo ,
Otis.
Nays: None.
Absent : Council Member Bradshaw.
The Mayor declared the motion carried .
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City Council Meeting -February 18, 19 86
Page 6
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Consent agenda item 9(f) was hereby numbered Ordinance No .
Consent agenda item 9(g) was hereby numbered Ordinance No.
Consent agenda item 9(h) was hereby numbered Ordinance No.
Consent agenda item 9(i) was hereby numbered Ordinance No.
Consent agenda item 9(j) was hereby numbered Ordinance No .
Consent agenda item 9(k) was hereby numbered Ordinance No.
Consent agenda item 9(1) was hereby numbered Ordinance No.
* * * * *
There was no public hearing scheduled before Council.
* * * * *
7, Series of 1986.
8, Series of 1986.
9, Series of 1986.
10, Series of 1986.
11, Series of 1986.
12, Series of 1986.
13, Series of 1986.
City Manager Mccown presented information on the Six-quarter Budget for the
period January 1986 through June 1987, detailing the various items included in
the current period of the Public Improvement Fund Budget. He explained the
1986 changes and additions to the budget. Discussion ensued concerning the
Little Dry Creek account, the location of the historic cabin, the utilization
of the $75,000 resulting from the issuance fee for the Industrial Development
Bonds for The Marks for landscaping purposes in the area of The Marks
development.
RESOLUTION NO. 8
SERIES OF 1986
A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND .
MAYOR OTIS MOVED, SECONDED BY COUNCIL MEMBER HIGDAY, FOR PASSAGE OF RESOLUTION
NO . 8, SERIES OF 1986 . Upon a call of the roll, the vote resulted as follow s:
Ayes :
Nays:
Council Members Higday, Van Dyke, Vobejda, Kozacek, Bila ,
Otis.
None.
Absent: Council Member Bradshaw.
The Mayor declared the motion carried.
* * * * *
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City Council Meeting -February 18, 1986
Page 7
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City Manager Mccown presented the recommendation from the Bi-City Supervisory
Committee to approve a bill for an ordinance authorizing an agreement between
Lowell Piland and the Bi-City Wastewater Treatment Plant for option payment
for purchase of land to be utilized in the Bi-City Beneficial Reuse Program.
BY AUTHORITY
ORDINANCE NO.
SERIES OF 1986--COUNCIL BILL NO. 18
INTRODUCED BY COUNCIL MEMBER VOBEJDA
A BILL FOR
AN ORDINANCE APPROVING THE AGREEMENT BETWEEN THE CITY OF LITTLETON, ON BEHALF
OF THE Bl-CITY WASTEWATER TREATMENT PLANT, AND LOWELL PILAND.
COUNCIL MEMBER VOBEJDA MOVED, SECONDED BY COUNCIL MEMBER BILD, FOR APPROVAL OF
COUNCIL BILL NO. 18, SERIES OF 1986. After discussion relative to the name of
the Bi-City Wastewater Treatment Plant, and upon a call of the roll, the vote
resulted as follows:
Ayes: Council Members Higday, Van Dyke, Vobejda, Kozacek, Bilo ,
Otis.
Nays: None.
Absent: Council Member Bradshaw.
The Mayor declared the motion carried.
* * * * *
City Manager Mccown presented a recommendation to approve the award of low bid
for repairs to the West Union Avenue bridge at South Platte River to the
Thomasson Construction Company in the amount of $6,492.00.
COUNCIL MEMBER KOZACEK MOVED, SECONDED BY COUNCIL MEMBER BILO , TO APPROVE THE
BID FOR REPAIRS TO THE WEST UNION AVENUE BRIDGE AT SOUTH PLATTE RIVER TO THE
THOMASSON CONSTRUCTION COMPANY IN THE AMOUNT OF $6,492.00. upon a call of the
roll , the vote resulted as follows:
Ayes : Council Members Higday , Van Dyke , Vobejda, Kozacek, Bilo ,
Otis.
Nays: None.
Absent: Council Member Bradshaw .
The Mayor declared the motion carried .
* * * * *
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City Council Meeting -February 18, 1986
Page 8
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The status of the construction of the boat chute at the Union Avenue Dam was discussed.
* * * * *
Council Member Higday requested that a discussion of physical examinations for
Council Members be listed on the agenda for the next study session.
* * * * *
COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. The meeting was adjourned
without a vote at 9:08 p.m .
/@~·~~~
Deputy City Clerk
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COUNCIL CHAMBERS
City of Englewood , Colorado
February 18 , 1986
REGULAR MEETING:
The City Council of the City of Englewood , Arapahoe County, Colorado , met in
regular session on February 18 , 1986 , at 7:30 p .m.
Ma yor Oti s, pres i ding , called the meeting to orde r .
The i nvocation was given by Council Member Higday. The pledge of allegiance
wa s presented by Cub Scout Troop No. 92.
Mayor Ot is asked for roll call . Upon a c all of the roll , the followin g were
pr ese nt :
Council Members Higday , Van Dyke , Vobe j da , Kozacek , Bi lo, Ot i s.
Ab sent : Council Member Brad s haw
The May or de cl ared a quorum present .
* * * * *
Also present we r e :
City Manage r Mcco wn
Assis tant City Manage r Varg as
City Attor ney Ol sen
Deputy City Clerk Crow
* * * * *
COUNCIL MEMBER BILD MO VED, SECONDED BY COUNCIL MEMBER KOZACEK, FOR APPROVAL OF
THE MINUTES OF REGUL AR MEETING OF FEBRUARY 3, 1986. Upon a call of the roll,
the vote resulted as follows:
Ayes:
Nays:
Council Members Higday, Van Dyke, Vobejda, Kozacek, Bilo,
Otis.
None.
Absent: Council Member Bradshaw.
The Mayor declared the motion carried.
* * * * *
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City Counc il Meeting -February 18, 1986
Page 2
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Mr . Charles Florian , 3998 South Pennsylvania, was present to address Counci l
concer ning the Arapahoe County Fairgrounds property. He provided Council with
copies of a press release dated February 18, 1986, urging support from Council
of the non -profit group which has been formed to accept donations to preserve
and protect the Arapahoe County Fairgrounds and to provide them with the time
they needed to accomplish this. Discussion ensued relative to the timing of
this request; the legalities involved in the matter which would prohibit
Englewood from deannexing the property regardless of public opinion or a
referendum, unless requested to do so by the owners of the property; the
status of the bankruptcy of the Arapahoe County Fair Association (legal owners
of the property). Council was asked by Mr. Florian if 51 percent of the
registered voters in the City of Englewood requested Council to leave the
property alone, would they do so . Councilman Higday, speaking for himself and
as a matter of record, agreed that if 51 percent of the registered voters
requested an ordinance to deannex the property , he would support the
ordinance, knowing, however , that the matter wou l d then be taken to court and
declared null and void . Other members of Council did not respond to this
question . However, it was pointed out to Mr. Florian that the only way the
property could be deannexed would be at the request of the owner of the
property . The ordinance approving the contract with South Englewood
Sanitation District No. 1, in order to improve the services of water and sewer
to cit izens within the boundaries of Englewood, was also di scussed.
* * * * *
Ms. Eleanor H. Hoagland, 4063 South Delaware, addressed Council relative to
several concerns she had about the way Englewood was being developed and the
result ant f i nancial strain this put upon the elderly of the city. Many of her
comments were rebutted by Mayor Otis , and she was encouraged to contact one of
the Councilm embers to have these matters explained to her fully.
* * * * *
Mr. Pete West explained his involvement in Arapahoe County, ACCORD, and 4-H,
and addressed Council relative to the fairgrounds property. He stressed that
the property in question had been dedicated to the children and to the youth
and requested City Council to give this matter further consideration,
requesting more time before all their options are closed. The matter was
further discussed and it wa s explained again that the City Council does not
have the power to deannex unless requested to do so by the owner of the
property in question . He requested Council not to vote on the ordinance
before them tonight concerning the agreement wit h South Englewood Sanitatio~
District No. 1.
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City Council Meeting -February 18, 1986
Page 3
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COUNCIL MEMBER BILD MOVED, SECONDED BY COUNCIL MEMBER KOZACEK, TO BRING
FORWARD ITEM I4(b}, A PROCLAMATION REQUESTED BY THE ENGLEWOOD ELKS CLUB
Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Higday, Van Dyke, Vobejda, Bila, Kozacek ,
Otis.
Nays: None.
Absent: Council Member Bradshaw.
The Mayor declared the motion carried.
COUNCIL MEMBER BILO MOVED, SECONDED BY COUNCIL MEMBER KOZACEK, FOR APPROVAL OF
THE PROCLAMATION DESIGNATING FEBRUARY I6 -20, 1986, AS THE 118TH BIRTHDAY
WEEK OF THE ORDER OF ELKS IN ENGLEWOOD, COLORADO. Upon a call of the roll,
the vote resulted as follows:
Ayes: Council Members Higday, Van Dyke, Vobejda, Bila, Kozacek,
Otis.
Nays: None.
Absent: Council Member Bradshaw.
The Mayor declared the motion carried .
The signed proclamation was presented to Harry Musser, Past Exalted Ruler of
the Englewood Elks Lodge, 3690 South Jason, with Council's congratulations.
* * * * *
Mayor Otis made comments to the audience summing up Council's position with
regard to the fairgrounds property stating the City of Englewood does not own
the fairgrounds and that interested parties should contact the Fair
As sociation . In response to a question from the audience, the Mayor stated
that the property in question was zoned R-3 and B-1.
* * * * *
Kenneth C. Ferguson, Immediate Past Flotilla Commander 1-4, United States
Coast Guard Auxiliary, requested use of the Police/Fire Center Community Room ,
without fee, for boating safety instruction classes.
COUNCIL MEMBER HIGDAY MOVED, SECONDED BY COUNCIL MEMBER KOZACEK, TO ALLOW THE
COAST GUARD TO USE THE COMMUNITY ROOM AT THE POLICE/FIRE CENTER ON FOUR
CONSECUTIVE SATURDAYS AS REQUESTED AT NO CHARGE. After discussion of the I • •
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City Council Meeting -February 18, 1986
Page 4
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matter and upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Higday, Van Dyke, Kozacek, Otis.
Nays: Council Members Vobejda, Bilo
Absent: Council Member Bradshaw.
The Mayor declared the motion carried.
* * * * *
BY AUTHORITY
ORDINANCE NO. COUNCIL BILL NO. 16
INTRODUCED BY COUNCIL MEMBER VAN DYKE
A BILL FOR
AN ORDINANCE APPROVING AN AGREEMENT TITLED "COOPERATIVE AGREEMENT" BETWEEN THE
CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD URBAN RENEWAL AUTHORITY
RELATING TO THE USE, CONTROL, AND POSSESSION OF SECTIONS OF SOUTH JASON STREET AND SOUTH ACOMA STREET.
COUNCIL MEMBER VAN DYKE MOVED, SECONDED BY COUNCIL MEMBER KOZACEK, FOR THE
APPROVAL OF THE COOPERATIVE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND
ENGLEWOOD URBAN RENEWAL AUTHORITY RELATING TO USE, CONTROL, AND POSSESSION OF
CERTAIN STREETS. Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Higday, Van Dyke , Vobejda, Kozacek, Bilo, Otis.
Nays: None.
Absent : Council Member Bradshaw.
The Mayor declared the motion carried .
* * * * *
Con s ent agenda items were :
(a) Minutes of the Englewood Housing Authority meeting of
December 4, 1985 .
(b)
(c)
Minutes of the Urban Renewal Authority meetings of
January 8, 14, and 22, 1986.
Minutes of the Liquor Licensing Authority meeting of
January 15, 1986 .
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City Council Meeting -February 18, 1986
Page 5
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(d) Minutes of the Planning and Zoning Commission meeting of
January 21, 1986.
(e) Municipal Court 1985 Fourth Quarter and End-of-year
Activity Report.
(f) Ordinance on final reading regarding the Parks and
Recreation Commission Membership .
(g) Ordinance on final reading establish ing a City Clerk
Division in the Finance Department.
(h) Ordinance on final reading approving a Memorandum of
Agreement and Addendum to the Memorandum of Agreement from
South Englewood Sanitation District No. 1 which will allow
sewer service to be provided to the former Arapahoe County
Fairgrounds.
(i) Ordinance on final reading approving the vacation of the
west leg of the alley between South Clarkson Street and
South Emerson Streets, 3500 block south.
(j) Ordinance on final reading approving the Southgate
Sanitation District's Supplement No. 108 to annex
approximately 2.386 acres located at approximately South
Colorado Boulevard and East Orchard Road to the District.
(k) Ordinance on final reading approving the Southgate
Sanitation District's Supplement No . 107 to annex
approximately 2.386 acres located at approximately South
Colorado Boulevard and East Orchard Road to the District.
(1) Ordinance on final reading approving the Valley Sanitation
District 's Supplement No. 17 to annex property located at
4700 -4800 South Decatur to the District .
COUNCIL MEMBER HIGDAY MOVED, SECONDED BY COUNCIL MEMBER BJLO, TO ACCEPT
CONSENT AGENDA ITEMS 9 (a) THROUGH (1). Upon a call of the roll, the vote
resulted as follows:
Ayes: Council Members Higday, Van Dyke, Vobejda, Kozacek, Bilo ,
Otis.
Nays: None.
Absent: Council Member Bradshaw.
The Mayor declared the motion carried . I • •
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City Council Meeting -February 18, 1986
Page 6
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City Manager Mccown presented information on the Six-quarter Budget for the
period January 1986 through June 1987, detailing the various items included in
the current period of the Public Improvement Fund Budget. He explained the
1986 changes and additions to the budget. Discussion ensued concerning the
Little Dry Creek account, the location of the historic cabin, the utilization
of the $75,000 resulting from the issuance fee for the Industrial Development
Bonds for The Marks for landscaping purposes in the area of The Marks development.
RESOLUTION NO. 8
SERIES OF 1986
A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND.
MAYOR OTIS MOVED, SECONDED BY COUNCIL MEMBER HIGDAY, FOR PASSAGE OF RESOLUTION
NO. 8, SERIES OF 1986. Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Higday, Van Dyke, Vobejda , Kozacek, Bilo,
Otis.
Nays: None.
Absent: Council Member Bradshaw.
The Mayor declared the motion carried.
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City Council Meeting -February 18, 1986
Page 7
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City Manager Mccown presented the recommendation from the Bi-City Supervisory
Comm ittee to approve a bill for an ordinance authorizing an agreement between
Lowell Piland and the Bi -Ci ty Wastewater Treatment Plant for option payment
for purchase of land to be utilized in the Bi -City Beneficial Reuse Program .
BY AUTHORITY
ORDINANCE NO .
SERIES OF 19 86--COUNCIL BILL NO. 18
INTRODUCED BY CO UNCIL MEMBER VOBEJDA
A BILL FOR
AN ORDINANCE APPROVING THE AGREEMENT BETWEEN THE CITY OF LITTLETON, ON BEHALF
OF THE BI-CITY WASTEWATER TREATMENT PLANT, AND LOWELL PILAND.
COU NCIL MEMBER VOBEJDA MOVED, SECONDED BY COUNCIL MEMBER BILO , FOR APPROVAL OF
COUNCIL BILL NO. 18, SERIES OF 1986. After discussion relative to the name of
the Bi -City Wastewater Treatment Plant, and upon a call of the roll , the vote r esulted as follows:
Ayes: Council Members Higday, Van Dyke, Vobejda , Kozacek, Bilo ,
Otis.
Nays: None.
Absent : Council Member Bradshaw .
The Mayor declared the motion carried.
• • • • •
City Manager Mccown presented a recommendation to approve the award of low bid
fo r repairs to the West Union Avenue bridge at South Platte River to the
Tho masson Construction Company in the amount of $6,492 .00.
COUNCIL MEMBER KOZACEK MOVED, SECONDED BY COUNCIL MEMBER BILO, TO APPROVE THE
BID FOR REPAIRS TO THE WEST UNION AVENUE BRIDGE AT SOUTH PLATTE RIVER TO THE
THO MA SSON CONSTRUCTION COMPANY IN THE AMOUNT OF $6,492 .00 . upon a call of the
roll, the vote resulted as follows:
Ayes: Council Members Higday , Van Dyke, Vobejda , Koza cek , Bilo ,
Otis .
Nays: None.
Absent: Council Member Bradshaw .
The Mayor declared the motion carried.
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City Council Meeting -February 18, 1986
Page 8
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The status of the construction of the boat chute at the Union Avenue Dam was discussed.
* * * * *
Coun cil Member Higday requested that a discussion of physical exam i nations for
Council Members be listed on the agenda for the next study session.
* * * * *
COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. The meeting was adjourned without a vote at 9:08 p.m.
-~~~-°'--~ ~
Deputy City Clerk
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Littleton man loses campaign
to preserve county fairgrounds
By MICHELLE SCHNEIDER
Rocky Mountain News Arapahoe Bureau
E GLEWOOD -Caty council m e mbers last night
told a Littleton man tryi ng to preserve the old Ara pa-
ho<' Cou nt y F ai rgrounds that their hea rts a r c w ith
him bu t th<'1r hands a r e tied
1 \\%h th<' fairgo unds were still the re ... ounc1l -
n1.1n Jim H1 gd:.y told Chuck Flo ri a n . who has mount-
"d a n <'!fort to block the fairgrounds sa le t o Texas
U<'\elope r Bcniaman Parks "But we're the wrong
poht1t·1.ins. We hav<' no rontrol over (the sa le of) tha t
l.111d ..
Thr faaq;rounds . a t t:ast Be lleview A\'enue and
\\ indcrmr r e Street a r within En git> wood city limits
hu t ,,,.(' 01,1 nc<l by thL' Ara pah()(' Count v F ai r Assoc1a -
t wn
F lori.in .i'l."d t•uunc·1I mcmbC'rs tu <ll'-annc< th<' b6
.H n· to n.:t urn th(• l.,md to lL"C a~ a r..urground
lh 1bo 1,1 .rntr<l th<• board to delJ\ • \ot<' on JO
, r• 1111 It wllli the-South EnglC\lood S .. natat1on Dis
lrll't th.it" 111 allo \I '<'"er 'crncc l•) the land
Bui l11 gd.1) s.i1d Finn.ms requests \l l'rl' fut1l
T 1 ···r the fairgrounds sale l11gd.i) •aid. Flo rian
rnu,t do one o f two things "GC'l the fair assoc1a t1 on to
rnme to us and ask us to d<La nnex th e fairground s o r
hu) It ) ou~e lf ..
Grc nwood Village r s1 dent Peter West asl.cd the
c·o unc1l for a litlle more time for r esidents to m a rshal
their forces and cas h , but he admi tted the group is
un l ikely to come up with the $11 5 malhon to m a tc h
P a rks ' o ffer .
"This land was ded icated to the c hildren a nd t he
vo uth We wa nt 1L back ." WC>t said
But the board did not he<'d th~ pica t o delay appr ov -
al of the sewe r agreeme nt , passing 1t 6-0
Fl orian said the g r oup mJy try Lo gather pel1t1ons
a•king for d e-ann exauon o f the fJirground s
The fa ir assoc1at1on , whi c h filed for reorganization
under Chapter 11 of the fe deral ban kruptcy code last
year. ha s accumulated about $8 5 million in debt on
the fa irgrounds .
S..le of the land LO Par~s has been s talled for
sc \ er JI mo nths whil e E nglewood officia ls fi gured out
who wo uld provide water a nd sewer fac1hucs
T1,10 \leeks ago. the counc·ll gJ\C le 1ti c appruvJl
to J plan that will prondt· ,1ll{lut I 700 •c\I e r t.1ps LO
the !Jargrounds
!'Jrl.s, or \l hOC\Cr ullima tt•h de,·dc,ps th IJnd
must cumc up not only wuh 11 '5 m1ll1o n for the land
but $850.000 up front l o cover the co't o f sewer taps
1u c h of the money from th e !.11rgrounds sale
\\Ould go towa rd paying off the $34 million debt the
fJ 1r association accru d in it s a u c mpt lo build a nd
oper a t e the Arapahoe P a rk r ace t rack
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
FEBRUARY 18, 1986
l. Call to order.
2. Invocation.
3. Pledge of allegiance by Boy Scout Troop #92. ~u1t~t:l'1?U111'-~-'-;l.k?c/aff' /} .,ff, ?--
4. Roll call. C:-i!r d~_; O ·uuf.u{,;utr: d'. i.ui v
Z/ t1-d~ ~ c{}f;J
s. Minutes. ~r e~ ~' ;t'Ju...L.n.1 -/a du{'/ -f
(a) Minutes of the regular meeting of February 3, 1986.
( -{' -I o...[,_ , CZ-l c<-c ~ c-~
6. Pre-Scheduled Visitors. (Please limit your presentation to 10 minutes.)
(a) Mr. Chuck Florian, 3998 South Pennsylvania Street, will
be present to discuss the de-annexation of the Arapahoe County Fairgrounds.
7. Non-Sche~led Visitors. (Please limit your presentation to 5 ~ minutes.e;t~~~. -r---""c' air,.-...-~'"-·" @~~ LU~ -~ -·~~
8. Communications and Proclamat~~~; ~-V 4
';lbc~-<C'f( ~.r S ~ 0 _,,,_ (a) Recommendation from the Ur an Ren al '{'uthor~ to adopt LJ~~,
C.Q41111" A!) a Bill for an Ordinance approving a Cooperative Agree-,_____.. ~...,/J,,,,,,J.I. ment between the City of Englewood and the Urban Renewal ~ ~ Authority to allow the use, contract and possess ions of c,ti'it certain streets as part of the Downtown Redevelopment ~~· ~ -()-I Plan.
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.~ ~ @A.~~ t/ . .J._~ .J..J~. ~ ~,_,e~ ~:,.~~ ~F'O--..~~ ~l "0 / ~ ._..:C..4~h>-' "'/o ~4'-..i.-1 --
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"f'ebru ary 18, 1986
Page 2
9. Consent Agenda.
Minutes of the Englewood Housing Authority meeting of December 4, 1985.
(b) Minutes of the Urban Renewal Authority meetings of
January 8, 14, and 22, 1986.
(c) Minutes of the Liquor License Authority meeting of
January 15, 1986.
(d) Minutes of the Planning and Zoning Commission meetings January 21, 1986.
(e)
(f)
(g)
(h)
(i)
(j )
Municipal Court 1985 Fourth Quarter and End-of-Year Ac-tivity Rei;>ort.
Bill rer an ~!i~nce regarding the Parks and Recreation Commission Membership.
Ordinance~~final reading establishing a City Clerk
Division in the Finance Department.
Ordinanc~n~final reading approving a Memorandum of
Agreement and Addendum to the Memorandum of Agreement
from South Englewood Sanitation District No. 1 which
will allow sewer service to be provided to the former
Arapahoe County Fairgrounds.
Recommendatio~o~t~"Department of Community Develop-
ment concerning the vacation of the west leg of the al-
ley between South Clarkson Street and South Emerson
Streets, 3500 block south.
JI/ JI
Ordinance on final reading approving the Southgate
sanitation District's Supplement #108 to annex approxi-
mately 2.386 acres located at approximately South
Colorado Blvd. and East Orchard Road to the District.
(k ) Ordinanc ~i"'rinal reading approving the Southgate
Sanitation District's Supplement #107 to annex approxi-
mately 2.386 acres located at approximately South
Colorado Blvd. and East Orchard Road to the District.
Ordinancf'-ot~ina~ reading approving the Valley Sanita-
tion District's Supplement #17 to annex property located
at 4700-4800 South Decatur to the District.
10. Public Hearing.
11. Ordinances, Resolutions and Motions.
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"F e b r u ary 18, 1986
Page 3
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(a) Recommendation~~e~ity Manager to adopt a Resolu-
tion approving the Public Improvement Fund Six-Quarter
Budget for the period January, 1986 through June, 1987 .
Recommendation from the Utiliti es Department to adopt a
Bill for an Ordinance approving an agreement between the
City of Littleton on behalf of the Bi-City Wastewater
Treatment Plant and Mr. Lowell Piland for the purchase
of land (cost: $672,000) for the Sludge Beneficial
Reuse Program; and approving an option payment of $10,000.
(c) Recommendation from the Engineering Services Department "?If~ 1". to approve the award of bid for the West Union Avenue at 4'.c''~ut ~ South Platte River Bridge repairs to the Thomasson Con-.4~ /J struction Company in the amount of $6,492.00 ~ .. CAtllr~
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1 2. City Manager's Report.
13. City Attorney's Report.
14. General Discussion.
(a) Mayor's Cho i ce.
(b) Council Member's Choice.
15. Ad j ournment .
AM/sb
/?~~
MC COWN
Manager
-/D~,,_,;..J •.:r•~ !J-
--4 ...,. s: s . ""?•,....., .c,....
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NAME
~ ,?> ... ;. ~ ~L-,;; J -);.
~/u/n~Y-a
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Before The
CITY COUNCIL
d~~ 18, ;qfto -..
~Ir
I WISH TO ADDRESS THE CITY COUNCIL
ADDRESS TELEPHONE OBSERVER IN FAVOR IN OPPOSITION NO POSITION
~t/&3~.£~ 7Z1 -~71 ..3 v--
, ...
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P R E S S R E I. •: A ;~ E ***************
S AVE THE ARAPAH OE COUNTY F A!RGROIJNIJS ORG ANl Z AT IO N
P 0 BOX 2 14
ENG LEWOOD. CO 8 0 1 5 1
CHUCK F l.O k l AN (3 03) 797-03 4 7
FEBRU ARY 18, 1986
l AM ASKI NG THE P RESS AN D OTHER P IJBL IC ME DIA TO FOCU S
ATT ENT IO N ON Tflli: F.VEN TS WllI CH HAVE I.ED UP TO THE PRESENT
CO tl D !T ION OF THE ARAPAH OE COUNTY FAIRGROUNDS . I AM ASKING
'TOii TO HE LP GENER.A TE Pllf1!.JC Slll'POHT FO R THTS ELEVENTH HOUR
EHO RT TO S AVE TH E ARAP AHOE COIJ NT Y FAIRGROUNDS .
I J A l.C.TTr:ll FRO M .IOllN MAA !;, THF. AT TO RNF~Y FOR Tll E ARAP Al lOE
FAIR. ASSOC IATION , llE PO IN TS OUT TllA T THERE WAS "A
RES T!i!CT IO N IN THE CllAIN OF T I TJ.l!:, ON TliE usr: OF THE
l'lllll'ICl<TY. l'l\O V I ll 1t 1<; TllAT 11' TIW l 'hOl'l-:11'1'Y WA:> 1J :;1.;1> l'O I\
ANYTl!JNC ; OTfl F.R T llA ~I A F'Aflcr.ROllNJlf', SITE IT WOllJ,Jl llF:V F:fiT TO
TllE l)JlJr, !NA !. r.RANTOR .
l<l·J10 VF.IJ .
HE GOES t1 N TO S AY THAT IT "WA S
I !JO NO'!' KNOW AT Tll Jf, TI MI•: IJO W lJJF:;1°: RE ~~TR!C TJ O N S WE RE
REMOVED FRO M TllE FAIR<;RQIJ ND PROPERTY Tlll S I S LAND THAT HAO
r·F.Etl HJHCllA:;F:o WI Tll TllE llEl.l' OF ['!Jiii.J C MO Nrns. llO NA'ffW TO
Al<AP AHOE COll NTY. SIJPfORTED BY ARAP AH OE COU NTY, AND INTEN DED
F'Oh' l'llBl.J C' llSF
Tll" ,, •Jr 11• ll!S f.f :llFr• w111r11 I l 'r:11r·F1VFn AS f\F:I NC /I VF.Jl .ED
TllPE ~.7 Fll"tTHEk HE J GHTEtlS TllE Fl<USTRAT I ON AN D THE
ll EI ! I ES ~:~ws s TllAT THE ''O MMON CTTIZF.N F'F'El.S WiiF.N CO NF R.O NT JN G
f'Q'.,!TIC AL P.NO FINANCIAL Pul~l:.R:;.
I HAVE FOkMED A NCi N-f 'lWFJT G 'lll f ' 'Ill /ICC'EPT OO N ATION~. TO
PRESERV E AND l'ROTErT Tlif. ARAP AHOE COIJNTY F AIRGHOIJNDS . IT
WI J.l, RE CAl.l.F.ll . S AV F. THE ARAP AHOE COUNTY F A lliGROU NDS
ORC;AJJIZA T!O N" -(S .A .C.F 0.) DO NA T I ONS CAN BE S ENT TO P .O
f'l()X 2 14 , ENr.J .F:WOO O. r:o RO l!\1 PH ONE 1303) 797-0347 .
l·ff lllrENL· To'.1 INQIJIRE JNVE;;TJGATE , AND INF'ORM WE WILi. :;l!:EK
TllE :;11 1°l'Oh:T O F !'Iii' VOTl'.f(!, ANll Tltr: fl.l(\T IW 0r'f'IC JA L~; CW Till>:
I TY OF ENGLE WOOO ANO AR AP All OE COUNT Y. F UR1 'HER , WE INTEND TO
I NV I TE ALL OF THE P ART JES I NVOI.V EIJ IN TH I S CONTROVERSY TO
ATTl':tm A PLIBLIC FO RUM ADD RE S SING TH IS I SS UE AT A DATE STILL
TO Br: I>F:n :JtM I Nr:D
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ADDRES S TO THE COUNCIL
CITY OF ENGLEWOOD
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FEBRUARY 18 , 1986
CHUCK FLORIAN
DO NOT COME TO YOU THIS EVENING AS AN ADVERS ARY .
I CO ME SEEK ING YOUR ADVICE. YOUR KNOWLEDGE AND YOUR SUPPORT .
AS ELECTED REPRESENTATIVES YOU ARE ASSIGNED THE DIFFICULT
TASKS OF WEIGHING THE MERIT OF E ACH ISSUE AND MAKING
DECISIONS FOR THE COMMON GOOD OF THE CO MM UNITY . THOSE
DECISIONS SHOULD REFLECT SOU ND ECONOMIC CON S IDERATIONS. BUT
UNLIKE THE COLD CORPORATE BOARD ROO M, THIS ELECTED BODY CAN
CO NSIDER THE GOOD OF THE PEOPLE OVE R A FINANCIAL "BOTTOM
LI NE ''. WITH THI S I DE A OF THE PUBLI 'S GOOD IN MIND . MY
CO NCERN I S THE LOSS OF OUR RUR Ai. PAS T , PUSHED ASIDE BY A
llIGl-l DENSITY F'llTIJRE .
IF' YOU RELIEVE AS I DO THAT A DEMOC RACY JS A MA ,IORITY R!Jf.E
RESP ECT FlI L OF TBE RIGHT S OF' MINO RITIES. THEN WE HAVE A
OMM ON GROUND UPON WHICH WE CAN WORK TOGETHER .
IF THE MA.JORITY OF PUBLIC ()?INION TS NOT IN FAVOR OF SAVING
THE FAIRGROU NDS THEN J WI f.L STOP MY INVOLVEMENT 1N THE "SAVE
THE FAIRGROU NDS " MOVEMENT . BIJT PLEASE GIVE ME TIME TO FIND
OUT THE 1-HLJ. OF THE PEOPLE, BECA USE ONCE THOSE GROUNDS ARE
GO NE. THEY WILL BE GO NE FOREVER ALO NG WITH THE PEOP LE AND
THI~ DREAMS THAT WER~: SHARE D THERE .
MY TWO QllES'T'lO NS FOR YOU NOW ARE:
l) WllAT WOlll.D YOU A CE PT AS A VAL ID fNDJCATOR OF THE WI SHES
OF' THE PEOPLE ON THI S ISSUE AND 2) WHAT rs THE PROPER AND
1.E<;A(. WAY TO [)~; ANN F.X Tl!E 6n A CRE~. AND RJ<:VER SE ANY DECISION S
<~R Atr!'ING !)E W~:l? ANfJ WATER TAP ... TO TH E FAIRGROUND PROPERTY IF
J 'J' IS Sllu WN T HAT A MA .JO l<TTY OF TllF. ENGLE WOOD VOTr~R S WANTED
TllTS ACTION TO BE T AK EN?
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ROATH 8c BR EGA, P . c .
ATTORNEYS AT LAW
ONE UNITED BANK CENTER
SUITE 2222
1700 LINCOLN STREET
DENVER . COLORADO 802 03
13031 8 3• 5800
T(LEX •5 OZ52
SOUT HCA ST orncc.
1700 WR ITCRS CCN T£.R flVC
1&73 SOUTH BE LLAIRE STREET
DENVER. COLOR A DO e ozzz
February 12, 1986
Charles E. Florian
2393 West Parkhill Avenue
Littleton , Colorado 80120
Re: Arapahoe Fairgrounds
Dear Mr. Florian:
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C HENRY ROATH
C HARL ES F BRCGA
HAROLD 5 B L 00M£.NTHAL
LOREN L MALL
ROBERT L ROBERTS
JAY W [N 'r'ART
JOHN H B IRKELAND
ROGER P THOMASCH
EDWARD N BARAD
TH E.000R£ Z GEL T
J STEPHEN MCGUIRE
DAVID W STARK
.JACK W BERRYHILL
CARL A E.C.LUNO
STUART N BENNETT
ROBERT £ KENDIG
LESLIE J ROOS
ROBERT C l(AUf"MAN
KENNET'"' 0 WILLIS
JAY JOHN SCHNELL
JAMES G BENJAMIN
KEVIN 0 MILL.ARO
DONALD SA.LCITO
JULIE A MACKAY
N EIL M GOFF
LEON M LAYDEN
W ILLIAM K LESTER. JR
JEFFREY BARTHOLOMCW
DAVID WARREN MILLER
J STEVEN BEABOUT
MATTHEW 0 GORDON
CHRISTOPHER C CROSS
PHILIP L DUTT
LORNA L MITCHELL ·LCWIS
TONYA KINS
CURTIS E KNUDSEN
JOHN 8 DOUGHERTY
CLAIRE £ HOLMES
JOHN EDWARD MAAS
WAYNE M GAZUR
MARGARET C GILLIAM
DAVID A KLIBANER
DAVID L LENYO
CLAYTON A Reeves
CHARLES w BESS
SUE ANN FITCM
MA0£.L£1NE A U STIN
JAMES A CUNNI NGHAM
MICHAEL O M C INTY RE
GREGORY C TEVIS
CAMERON .J S YKE
MARK A WIELGA
BRUCE A JAME..5
STEVEN 0 SEARLS
BONNI[ A BELL
WILLIAM L JOHNSON
W KEITH TIPTON
LOUIS C G£LT
This firm represents the Arapahoe Fair Association, Inc., and
Arapahoe Park, Inc . in their Chapter 11 bankruptcy proceedings in
the United States Bankruptcy Court for the District of Colorado.
It has been brought to my attention that you are leading an
effort to, as I understand it, prevent a sale of my clients '
property which has already been approved by the United States
Bankruptcy Court.
While I can certainly sympathize with the goal of your group;
that is, to preserve a fairgrounds site for the use of county
residents in the Littleton/Englewood area , I wanted to make sure
you understood that the fairgrounds is entirely private property,
the sale has been approved by the Bankruptcy Court, and the City
has given first reading approval to the provision of sewer taps
for the property. A restriction in the chain of title, on the
use of the property, providing that if the property was used for
anything other than a fairgrounds site it would revert to the
original granter, was removed long ago from the chain of title.
Thus , the property may be used for any purpose allowable under
the existing zoning. The only way in which the property can
continue to be used as a fairgrounds is if it were to be pur-
chased by the County for that purpose. I am informed that the
County is not interested in such a transaction.
It seems to me that if you really felt that this project should
not go forward, that you should have begun long ago to seek
acquisition of the property by the County for that purpose. No
p rivate party will be able to hold the property for that use,
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ROATH a. BREGA,PC
February 12, 1986
Page 2
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since the debt structure on the property makes such a use econom-
ically impossible. No one is going to pay even the amount of the
debt, about $8, 500, 000, to use the property as a county fair-
grounds. If our sale does not close as a result of your action,
the property will not be preserved as a fairgrounds, but will be
1 iquidated, probabry-is smaller parcels, by the lienholder for
the amount of its debt.
You should also be advised that in the event our contract is
abrogated as a result of what we feel to be improper interference
by you or your group with the private contractual relations of
the parties as approved and protected by the United States
Bankruptcy Court, then we will have no choice but to hold you and
any members of your group responsible in damages for that result.
I do not mean by this to imply that speaking out in public forums
constitutes such interference, but I would suggest very strongly
that you consult counsel before you take or attempt any other
efforts in this regard. I think my clients generally share your
desire that a fairgrounds site once again be made available to
the citizens of Arapahoe County --but it is simply impossible
unaer the present economic and financial circumstances to ever
again make the old fairgrounds property available for that pur-
pose. If you or your counsel would like to discuss these issues
further, please do not hesitate to give me a call.
v~ry truly yours,
~~r~
JE11:keg
cc: Richard H. Simon
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3690 SOUTH
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JASON. I NG LIWOOD,
P R 0 C L A H A T I 0 N
COLORADO
10110
WHEREAS, on February 16, 1868, the Benevolent and
Protective Order of Elks of the United States of America was
originated from a small group of men calling themselves the
Jolly Corks; and
WHEREAS, on February 16, 1986, the Order of Elks will
celebrate its ll8th birthday; and
WHEREAS, Englewood Lodge 12122, along with 2200 lodges
across the United States, is proud to celebrate the birthday
of the Order the week of February 16 through 22, 1986; and
WHEREAS, Englewood Lodge 12122 (3690 s. Jason Street,
Englewood, Colorado) will have open house for this birthday
celebration on February 18 and 20, 1986 from 2:00 p.m. until closing;
NOW, THEREFORE, I, EUGENE L. OTIS, Mayor Of the City of
Englewood, Colorado, do hereby proclaim the week of February
16 through 20, 1986 as the ll8th birthday week of the Order
of Elks in the City of Englewood.
GIVEN under my hand and seal the ~~ day of February, 1986.
Eugene L. Otis, Mayor
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DEPARTMENT OF TRANSPORTATION
UNITED STATES COAST GUARD AUXILIARY
I A UTHORIZEO BY CONGRESS 1939 1
THE CI VILI AN CO MP ON EN T OF T HE U .S . COAST GUARO
Major Eugene L. Otis
The City Council of Englewood
3400 So . Elati St.
Englewood, CO.
Kenneth C. Fergus on
4178 So. Fox
Englewood, CO . 80110
February 18 ,1986
Would you do a favor for the U.S. Coast Guard Auxiliary and me
in allowing us to use the lecture room at the Englewood Police Depart-
ment building for four consecutive Saturdays without the normal cha rge for its use?
The reason for this request is:
We are a non-profit organization dedicated to the safety of boaters
upon the waters of Colorado as well as the balance of the United States,
We offer our time and talents freely, without an charges or fees, and
are satified when we do a job well. The reason for the ne e d of an
auditorium or lecture hall is the first cornerstone of the Auxiliary in
that we teach other boaters the rules of boating, the legal aspects
of boating and how to conduct themselves on the water so they do not
interfer with the rights of other boaters. This is a comprehensive
program which req uires approximately 20 hours of class room instruction
and the same in home study . I have scheduled the Saturday classes
to begin at lOam and end at 4pm with one hour for lunch at a local cafe.
The final Saturday is usually short for it consist of review and the
final examination. This has been quite acceptable to many people who
work in the evenings, travel miles to attend a class , and have Saturdays
free until summer and the boating season begins.
As I stated before,our time is free as the entire Auxiliary is a
group of volunteers interested in boating safety. We pay for our own
transportation to teach, to examine vessel for safety, to patrol the waters
of Colorado. We purchase our own uniforms because we are proud to be a member
of the Auxiliary. About the only things we receive free are the certificates
of good and well don e service .
I hope you can see our plight and assist us in this program of safety
on the waters of Colorado and allow us the use of the facility as I have requested.
·Jt! .:.,h c. ,.~
Past Flotilla Commander 1-4
DEDICATED TO PROMOTING RECREATIONAL BOATING SAFETY
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U.S Deportment . of Transportation
United States
Coast Guard
Dear Coast Guard Auxiliarist:
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Commanoa nt
United Stales Coas1 Guard Washington . DC 20593
Stall Symoo1 G-BA U
Phone (20 2 ) 426-10 77
16790
17 December 1985
This is my first opportun i ty as Chief Director to write to each of you
personally . My first six months in the office have been especially enjoyable
in large part due to your enthusiasm and hard work . I want to thank you for
your dedication to the mission of safe boating and for the vital support you
have given the Coast Guard in 1985. As in 46 years past, Auxiliarists have
been visible at the boating ramps, on the water, and for many, many hours in
public education classrooms. These continuing efforls·make the Coast Guard's
recreational boating safety mission appreciably easier.
While you and your unit plan for another season of service, you can take a
ereat deal of satisfaction in knowing your individual contributions in '85, as
part of the whole, have made a difference to the thousands of boaters whose
lives --though we will never have statistics to prove it --were spared b y a
timely courtesy marine examination, an informative public education course, or a SAR assist.
As the boating population grows, so grows the pleasure boaters' need for you
and your knowledge. Congratulations on a year of earnest endeavor --and keep
up the diligent work. The Coast Guard is proud of you and I am particularly
proud to be involved as Chief Director.
Coa s t Gua r d
Aux i liary
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orado, met in
The
ng were
dshaw,
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UNITED STATES COAST GUARD
AUXILIARY
Dear Fellow Auxiliarist:
OFFICE OF THE
NA. T/ONAL COMMODORE
I I CHRIS G. LAGEN
9110 SOUTH OAKLEY
CHICAGO, IL 60620
31 December 1985
Another successful year has ended for the Coast Guard Auxiliary.
That success, of course, is due to the contributions and sacrifices
of individual Auxiliarists, such as yourself, who have given,
according to their abilities, much of their time, talents, and
treasure.
Whether you have made a tremendous contribution or just a small one,
you deserve to be commended for what you personally have done.
Everything you do for the Auxiliary, and for the Coast Guard, is
important and appreciated. For without you there would be no
Auxiliary, and none of that special, wholly unique support only we
can give the Coast Guard . And we all know that now, more than ever,
the Coast Guard needs our help.
In 1986, we anticipate a most difficult and challenging year, a year
that will take everythng we can do, working at every level of the
Auxiliary, to accomplish our mission. As your National Commodore, I
will be most proud to work with and for you, and with your fellow
Auxiliarists, whomever they may be, and with whatever they do, to
keep us the vital and essential asset we are to the nation's boating
co11munity. You are a critical element in our team, for you are an
Auxiliarist. May you have fair winds and smoot h seas this next year.
Sincerely,
~A,f~
Chris G. La gen
National Commodore
U.S. Coast Guard Auxiliary
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REGULAR "EETING:
COUNCIL CHA"BERS
City of Englewood, Colorado
February 3, 1986
The City Council of the City of Englewood, Arapahoe County, Colorado , met i n regular session on February 3, 1986, at 7:30 p.m.
Mayor Otis , presiding, called the meeting to order .
The pledge of allegiance was presented by Cub Scout Troop No. 92 . The invocation was given by Council Member Higday.
Mayor Otis asked for roll call. Upon a call of the roll, the following were present:
Council Members Higday, Van Dyke, Vobejda, Kozacek, Bilo, Bradshaw, Otis.
The Mayor declared a quorum present.
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Also present were:
City Manager Mccown
Assistant City Manager Vargas
City Attorney Olsen
Director of Utilit ies Fonda
Assistant Director of Planning Romans
Deputy City Clerk Crow
* * * * *
COUNCIL MEMBER BRADSHAW MOVED, SECONDED BY COUNCIL MEMBER BILD, 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 Members Van Dyke, Vobejda, Kozacek, Bilo, Bradshaw, 0t1s.
Nays: None .
Abstain: Council Member Higday.
The Mayor declared the motion carried.
* * * * *
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City Council Meeting -February 3 , 1986 Page 2
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COUNCIL MEMBER VAN DYKE MOVED, SECONDED BY COUNCIL MEMBER KOZACEK , FOR
APPROVAL OF THE MINUTES OF SPECIAL MEETING OF JANUARY 14, 1986. Upon a call of the roll, the vote r es ulted as follows:
Ayes: Council Members Higday, Van Dyke, Koz acek, Silo, Bradshaw , Otis.
Nays: None.
Abstain : Council Member Vobejda.
The Mayor declared the motion carried.
* * * * *
COUN CIL MEMBER BRADSHAW MOVED, SECONDED BY COUNCIL MEMBER VAN DYKE , FOR
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF JANUARY 20, 1986, WITH THE
FOLLOWING AMENDMENT ON PAGE 6, LINE 3 , WITH REFERENCE TO COUNCIL BILL NO. 6:
"BRADSHAWA BILL FOR" is hereby amended to read: "BRADSHAW"
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 .
* * * * *
COUNCIL MEMBER BRADSHAW MOVED, SECONDED BY COUNCIL MEMBER KOZACEK, TO BRING
FORWARD AGENDA ITEM ll(c), A MATTER DEALING WITH SOUTH ENGLEWOOD SANITATION
DISTRICT. 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.
* * * * *
Mr . Stu Fonda, Director of Utilities, presented background information
concerning the proposed bill for an ordinance authorizing and containing a
Memorandum of Agreement with the South Englewood Sanitation District giving
the City of Englewood control of the sewers within the area of the
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City Council Meeting -February 3, 1986 Page 3
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fairgrounds . Mr. Fonda recommended that the Memorandum of Agreement and
Addendum as provided Council at the study session be approved by motion.
BY AUTHORITY
ORDINANCE NO.
A BILL FOR
COUNCIL BILL NO. 9
INTRODUCED BY COUNCIL MEMBER HIGDAY
AN ORDINANCE APPROVING THE MEMORANDUM OF AGREEMENT AND ADDENDUM BETWEEN THE
CITY OF ENGLEWOOD AND SOUTH ENGLEWOOD SANITATION DISTRICT NO. l FOR SEWER SERVICE IN THE ANNEXED FAIRGROUNDS PROPERTY.
COUNCIL MEMBER HIGDAY MOVED, SECONDED BY COUNCIL MEMBER VOBEJDA, FOR THE
PASSAGE OF COUNCIL BILL NO. 9 WITH THE SUBSTITUTE ADDENDUM. 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.
Mr. Fonda introduced the members of the Board of the South Englewood Sanitation District.
* * * * *
COUNCIL MEMBER BRADSHAW MOVED, SECONDED BY COUNCIL MEMBER BILO, FOR APPROVAL
OF A PROCLAMATION DECLARING THE WEEK OF FEBRUARY 17 -21, 1986, AS ENGLEWOOD
PUBLIC SCHOOLS WEEK. Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Higday, Van Dyke, Vobejda, Bila, Kozacek, Bradshaw, Otis.
Nays: None.
The Mayor declared the motion carried.
The Mayor read the proclamation in full and presented it to Ms. Doris Cruze
and Ms. Karleen Gagon of the Englewood Educators Association . Ms. Cruze
expressed appreciation on the part of the Association and the staff of the School District.
* * * * *
Mayor Otis excused himself from the meeting for a brief period. Mayor Pro Tern Bradshaw assumed the Chair .
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City Council Meeting -February 3, 1986 Page 4
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Mr . Robert Schroeder, Vice President of the Englewood School Board, addressed
Council concerning Item 14{b)(i) on the agenda -a bill for an ordinance
relating to membership on the Parks and Recreat i on Commission. He provided
Coun cil with a copy of a letter which he read into the record concern i ng the
matter of future composition of the Commission. He addressed the matter of
the Commission no longer having representatives appointed by both the School
Board and the City Council; the status of the School/City Committee ; the
rationale for the proposed changes as presented to the City Council; the
changes which have occurred in the financial situations of both organizations.
He encouraged City Council to retain the School Board's representation on the
Commission , stating however , that if communications were to be channeled
through the School /City Committee, that the School Board and the Ci ty Council
need to decide together how the organization will function and what it should accomplish .
Let the record show that Mayor Ot i s reentered the meeting at 7:42 p.m.
COUNCIL MEMBER HIGDAY MOVED, SECONDED BY COUNCIL MEMBER KOZACEK , THAT ITEM
14{b)(i) BE BROUGHT FORWARD . Upon a call of the rol l, the vote resulted as follows:
Ayes: Council Members Higday, Va n Dyke, Vobejda, Kozacek, Bilo, Otis.
Nays: None .
Abstain: Council Member Bradshaw .
The Mayor declared the motion carr i ed .
ORDINANCE NO.
SERIES OF 1986--
BY AUTHORITY
COUNCIL BILL NO . 7
INTRODUCED BY COUNCIL MEMBER HIGDAY
A BILL FOR
AN ORDINANCE AMENDING TITLE 2, CHAPTER 4, SECTION 1, OF THE ENGLEWOOD
MUNICIPAL ORDINANCE 1985, REGARDING THE PARKS AND RECREATION COMMISSION MEMBERSHIP.
COUNCIL MEMBER HIGDAY MOVED, SECONDED BY COUNCIL MEMBER VOBEJDA, FOR PASSAGE
OF COUNCIL BILL NO. 7, SERIES OF 1986. After discussion by Council Members
and upon a call of the roll, the vote resulted as follows:
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City Council Meeting -February 3 , 1986 Page 5
Ayes: Council Members Higday, Van Dyke, Vobejda, Kozace k, Bila, Otis .
Nays: None .
Abstain : Council Member Bradshaw.
The Mayor declared the motion carried.
* * * * *
Ms . Lois Lighthall, 4460 South Fox Street, addressed Council concerning
landscaping requirements for used car lots as it relates to those car lots
which were in existence prior to the adoption of the landscaping ordinance.
She urged Council to consider an ordinance establishing a deadline for all car
lots to be brought into compliance with the ordinance currently in effect.
* * * * *
Mr . Charles Florian, 3998 South Pennsylvania, addressed Council relative to
the Arapahoe County Fairgrounds property . He urged Council to consider the
wishes of Arapahoe County citizens when making its decision concerning this
property, i.e., water taps, sewer taps , etc. He announced an upcoming meeting
scheduled for February 10 wherein it is hoped to develop a citizens response and raise money to preserve the fairgrounds property.
* * * * *
COUNCIL MEMBER VAN DYKE MOVED, SECONDED BY COUNCIL MEMBER SILO, FOR APPROVAL
OF PROCLAMATION DESIGNATING FEBRUARY 2, 1986, TO BE OBSERVED AS FOUR
CHAPLAINS' SUNDAY . Upon a call of the roll, the vote resulted as follows :
Ayes:
Nays :
Council Members Higday, Van Dyke, Vobejda, Silo, Kozacek, Bradshaw , Otis.
None .
The Mayor declared the motion carried.
* * * * *
Consent agenda i tems were :
(a)
(b)
Minutes of the Board of Career Serv i ce Commis s ioners
meeting of August 20, 27, September 16, November 12, 21, 26 and December 17, 1986.
Minutes of the Liquor Licensing Authority meetings of
September 18, October 2, November 6, November 20 , and December II, I985
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City Council Meeting -February 3, I986 Page 6
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(c) Minutes of the Parks and Recreation Commission meeting of November I4 , I985 .
(d) Minutes of the Downtown Development Authority meeting of Dece mb er II, I985.
{e) Minutes of the Plan nin g and Zoning Commission meeting of December I7, I985.
(f) Minutes of the Publ ic Library Advisory Board meeting of January I6, I986 .
(g) Ordinance on final reading approving a contract between
the City and the Colorado Department of Highways for
sidewalk improvements at South Broadway and Belleview
Avenue at a cost of $20,000 to the City .
(h) Ordinance on final reading to approve the I986 contract
for the classification, cataloging and processing of
library materials between the Englewood Public Library and
SEMBCS (Southeast Metro Board of Cooperative Services)
materials at a cost of SI8,000 to the City.
{i) Recommendation from the Water and Sewer Board to approve
Valley Sanitation District 's Supplement No . I7 to annex
property located at 4700 -4800 South Decatur to the Distr ict.
(j) Recommendation from the Water and Sewer Board to approve
Southgate Sanitation District's Supplement No . I07 to
annex approximately 2.386 acres located at approximately
South Colorad o Boulevard and East Orchard Road to the District.
(k) Recommendation from the Water and Sewer Board to approve
Southgate Sanitation District's Supplement No. I08 to
annex approximately 2.386 acres located at approxim atel y
South Colorado Boulevard and East Orchard Road to the District.
COUNCIL MEMBER KOZACEK MOVED, SECONDED BY COUNCIL MEMBER VOBEJDA , TO ACCEPT
CONSENT AGENDA ITEMS 9 (a) THROUGH (k). Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Higday, Van Dyke, Vobejda, Kozacek, Bilo, Bradshaw, Otis.
None .
The Mayor declared the motion carried.
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City Council ~eeting -February 3, 1986 Page 7
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Consent agenda item 9(g) was hereby numbered Ordinance No. 6, Series of I986 .
Consent agenda item 9(h) was hereby numbered Ordinance No. 5, Series of I986.
Consent agenda item 9(i), numbered Council Bill No. I3, Series of I986, was sponsored by Council Member Kozacek.
Consent agenda item 9(j), numbered Council Bill No . IZ, Series of I986, was sponsored by Council Member Kozacek.
Consent agenda item 9(k), numbered Council Bill No. II, Series of I986, was sponsored by Council Member Kozacek.
* * * * *
There was no public hearing scheduled before Council.
* * * * *
Dorothy Romans, Assistant Director of Community Development, presented
background information concerning the recommendation of the Planning and
Zoning Commission that City Council approve the vacation of the west leg of
the alley in Block 4, Higgins South Broadway Height s (Clarkson/Emerson alley
in the 3500 block south). It was also recommended by the Commission that this
vacation be approved without a condition being imposed upon it as had been the
situation in past instances . Members of Council discussed the matter of
establishing charges for vacations; however, it was decided in this instance
not to consider such an avenue. It was suggested that Planning and Zoning
Commission should look into the matter of charging for vacations. City
Manager Mccown commented on a legal opinion given by a former City Attorney
concerning this matter and suggested it be checked out by City Attorney Olsen .
A meeting of City Council and the Planning and Zoning Commission was suggested .
ORDINANCE NO.
SERIES OF I986 --
BY AUTHORITY
COUNCIL BILL NO. 10
INTRODUCED BY COUNCIL MEMBER BRADSHAW
A BILL FOR
AN ORDINANCE CONCERNING VACATION OF A PORTION OF THE ALLEY IN BLOCK 4, HIGGINS
SOUTH BROADWAY HEIGHTS, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO.
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COUNCIL MEMBER BRADSHAW MOVED, SECONDED BY COUNCIL MEMBER VOBEJDA , FOR THE
PASSAGE OF COUNCIL BILL NO. 10, SERIES OF I986. 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 Manager Mccown introduced the proposed bill for an ordinance approving
the position of City Clerk within the Department of Finance. This position
was established as part of the reorganization plan of the Finance Department
as approved by City Council at its budget retreat. He also explai ned that
some changes had been made in the council bill which was sent to Council in
their packet (Council Bill No. 8) and recommended passage of Council Bill No . 8.1.
COUNCIL MEMBER BRADSHAW MOVED, SECONDED BY COUNCIL MEMBER HIGDAY TO TABLE
COUNCIL BILL NO. 8. 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 Council Bill No. 8 tabled .
ORDINANCE NO .
SERIES OF I986 --
BY AUTHORITY
COUNCIL BILL NO. 8.1
INTRODUCED BY COUNCIL MEM BER VOBEJDA
A BILL FOR
AN ORDINANCE AMENDING TITLE 1, CHAPTER 6, SECTION 2; TITLE 1, CHAPTER 6D,
SECTION 2; TITLE 5, CHAPTER 3A, SECTION 3; AND TITLE 11, CHAPTER 1, SECTION l,
OF THE ENGLEWOOD MUNICIPAL CODE 1985 TO ASSIGN CERTAIN DUTIES TO THE CITY CLERK.
COUNCIL MEMBER VOBEJDA MOVED, SECONDED BY COUNCIL MEMBER BRADSHA W, FOR PASSA GE
OF COUNCIL BILL 8.1, SERIES OF 1986. Upon a call of the roll, the vote resulted as follows:
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City Council Meeting -Febru ary 3, 198 6 Page 9
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Ayes: Council Members Hi gday, Va n Dyke, Vo be j da , Koz ac ek , Bilo , Bradshaw, Otis.
Nays : None.
The Ma yor declared the motion car r i ed .
* * * * *
Act ions of Council conc ern i ng Board /Commissi on/Aut hori t y appointments were as follo ws:
MA YOR OTI S NOMINATED KEN BULL, 5001 SOUTH WASHINGTON STREET , TO SERVE ON THE
ELECTION COMMISSIO N, TERM TO EXPIRE FEBRUAR Y 1, 1990 . NOMINATION SECONDED BY
CO UNCIL MEMBER HIGDAY. Upo n a cal l of the r ol l, the vote resulted as follow s:
Ayes : Counci l Members Hi gday, Van Dyke, Vobejda , Koza cek , Bi l a , Bradshaw , Ot i s .
Nays : None.
The Mayor declared the motion car ri ed.
* * * * *
MAYOR OTIS NOMINATED HOWARD BROWN , 3183 SOUTH RACE STREET , TO SERVE ON THE
BOARD OF ADJUSTMENT AND APPEALS , TERM TO EXPIRE FEBR UARY I , 1990 . NOMINATION
SECONDED BY COUNCIL MEMBER BRADSHAW. Upon a cal l of the roll, the vote resulted as follows :
Ayes : Counc i l Members Higday , Van Dyke , Vobejda, Kozacek , Bilo, Br ads haw , Otis .
Nays: None.
The Mayor declared the motion carried .
* * * * *
MAYOR OTIS NOMINATED LOIS STERLING, 4800 SOUTH FOX STREET , TO SERVE ON THE
LIBRARY BOARD, TERM TO EXPIRE FEBRUARY I, 1990 . NOMINATION SECONDED BY
COUNCIL MEMBER BRADSHAW. Upon a call of the roll, the vote resulted as follows :
Ayes: Council Mem bers Higday, Van Dyke, Vo bejd a , Kozacek, Bila, Bradshaw, Otis.
Nays: None.
The Mayor declared the motion carried.
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Ci ty Counc i l Meeting -February 3, 1986 Pag e 10
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MAYOR OTIS NOMINATED WALTER STOEL, 2991 SOUTH DOWNING, TO SERVE ON THE
PLANNING AND ZONING COMMISSION. NOMINATION SECONDED BY COUNCIL MEMBER VAN
DYKE . Upon a call of the roll, the vote resulted as follows:
Ayes : Council Members Van Dyke, Vobejda, Otis.
Nays: Council Members Higday, Kozacek, Bilo, Bradshaw.
The Mayor declared the motion defeated.
* * * * *
MAYOR OTIS NOMINATED THAD CARSON , 3990 SOUTH JASON, TO SERVE ON THE PLANNING
AND ZONING COMMISSION. NOMINATION SE CONDED BY COUNCIL MEMBE R KOZA CEK . Upon a call of the roll, the vote resulted as fo l lows :
Ayes : Council Members Hi gda y , Van Dyke, Vobejda, Kozacek , Bil o, Bradshaw , Ot i s.
Nays: None.
The Mayor declared the motion carried.
* * * * *
MAYOR OTIS MOVED, SECONDED BY COUNCIL MEMBER KOZACEK, TO EXTEND THE COURT
ADVISORY COMMITTEE WITH THE CURRENT ROS TER OF MEMBERS, THROUGH DECEMBER 31,
1986 . Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Vobejda , Kozacek, Otis.
Nays : Council Member s Hi gday, Van Dyk e , Bilo , Brad shaw .
The Ma yor declared the mot i on defeat ed.
* * * * *
COUNCIL MEMBER VAN DYKE REQUESTED APPROVAL BY THE MAYOR AND RATIFICATION BY
COUNCIL OF THE REAPPOINTMENTS OF JAMES TOTTON, 3875 SOUTH CHEROKEE STREET, AND
BETTY KEENA, 4801 SOUTH KALAMATH, TO THE URBAN RENEWAL AUTHORITY, BOTH TERMS
TO EXPIRE FEBRUARY 5, 1991. MOTION SECONDED BY COUNCIL MEMBER KOZACEK. Upon a call of the roll, the vote resulted as follows:
Ay es: Council Members Higd ay, Van Dyke, Vobejda, Kozacek, Bilo, Bradsh aw, Otis.
Nays: No ne .
The Mayor declare d the mot ion carried .
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City Council Meeting -February 3, 1986 Page 11
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COUNCIL MEMBER VAN DYKE NOMINATED MANA MAUNAKEA TO THE PLANNING AND ZONING
COMMISSION, TERM TO EXPIRE FEBRUARY l, 1990. NOMINATION SECONDED BY COUNCIL
MEMBER KOZACEK. Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Higday, Van Dyke, Vobejda, Kozacek, Bila, Bradshaw, Otis.
Nays: None.
The Mayor declared the motion carried.
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COUNCIL MEMBER VAN DYKE REQUESTED THE APPROVAL OF THE MAYOR AND RATIFICATION
BY COUNCIL OF THE APPOINTMENT OF KRISTI DAUGHERTY AS AN ALTERNATE MEMBER OF
THE URBAN RENEWAL AUTHORITY. MOTION WAS SECONDED BY COUNCIL MEMBER KOZACEK . Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Higday, Van Dyke, Vobejda, Kozacek, Bila, Bradshaw, Otis.
Nays: None.
The Mayor declared the motion carried .
• • • • •
COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING AT 8:44 P.M. THE MEETING WAS ADJOURNED WITHOUT A VOTE.
~"c:'~ ~LI c__,,_,.,, Deputy City ~erk
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DATE
February 13, 1986
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C 0 M M U N I C A T I 0 N
AGENDA ITEM
~lL
SUBJECT Cooperative Agreement Between
Ci t y and EURA for u se of Certain Streets .
INITIATED BY Englewood Urban Renewal Authority
ACT I ON PROPOSED Approve Bill for Ordinance Approving Coo perative Agreement.
BACKGROUND AND PURPOSE.
As part of the overall Downtown Redevelopment Plan, it is necessary for certain changes
to be made to the street patterns in downtown Englewood. Nume rous str eets and alleys
will eventually be vacated, but the actual vacation cannot occur until all acquisition
or condemnation of adjacent parcels has been completed. This is necessary, s ince the
City policy in vacation of streets is t o split the right-of-way between adjacent property
owners. The timing of the st reet o r alley vacation becomes com pli cated when condemna-
tion of one of the adjacent parcels is pending. This is the situation in both the 3300
block of South Acoma Street , and the 3500 block of South Jason Street. If the street is
vacated at this point, then the adjacent property owner will gain ownership of one-half
o f the street, and the EURA may then have to repurchase the property. In the 3300 block
of South Acoma Street, th e EURA condemned the old First National Bank building, but the
court case is still pending due to an appeal by the property owner . Even though the
s treet is actually part of the Trolley Square project , it is still not in our best in-
terest to recommend the full vacation of the street until the case is settled .
In the second case, the EURA is acquiring Park Floral , Tokyo Bowl, and T . W. And e rson's
property. The agreement with Buyer's Club calls for the vacat ion of South Jason Street
from U. S. 285 to Ithaca Avenue. The street will actually continu e t o exist , but will
serve as an entrance into the parking lot f o r Buyer's Club and associated retail. This
will take some of the traffic burden off o f the Inca intersection. Again, since owner-
ship of the adjacent parcels is not in the hands of the EURA yet , and condemnation may
result in one or two court cases, it is premature to vacate the street.
The attached Cooperative Agreement is being recommended by Marlin Opperman, Special
Couns 1 to the EURA, as an al t ernat ive to street vacation. It allows the EURA to use
the streets in ways necessary to carry out the Redev lopment Plan, without formally re-
questing street vacation. The street vacations will be requested in the future.
RECOMMENDATION:
It is recomm nded that the City Council approve the Cooperative Agreement between th e
Englewood Urban Renewal Authority and City relating to the use, control, and possession
o f certain streets.
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BY AUTHORITY
ORDIAAJ>CE NO.
SERI ES OF 198_6 _
A BILL FOR
COUICIL BILL NO. 16
INTRODOCEO BY .&;IL
MEMBER //fk_., ,/.;../k_
AN ORDINAN.::E APPROVIt«'.> AN A~EEMENT TITLED "CllOPERATIVE ArnEEMENT"
BE'IWEEN THE CITY OF Et-K>LEWOOD, COLDRADO, AND THE EN::iLEWOOD URBAN
RENEWAL AUTHORITY RELATlt«'.> TO THE USE, CONTROL, AND POSSESSION OF
SECT IONS OF SOUTH JASON STREET AND SOU'rn Aro1A STREET.
WHEREAS, certain changes are to be na:ie to the street
patterns in downtown Englewood as part of the overall Downtown Redevelopnent Plan; and
WHEREAS, nunerous streets and alleys will eventually be
vacated after all acquisition of adjacent parcels has been canpleted; and
WHEREAs, the Cboperative Agreenent between the City and the
EURA is necessary for the EURA to use the streets and alleys until the vacation can be accanplished;
NCM, THEREFORE, BE IT OIID\INED BY 'rnE CITY COUOCIL OF THE
CITY OF ENGLEWOOD , COLORAOO, AS FOLLC:MS:
Section 1. ~at the agreenent titled "Cboperative Agreanent"
between the City of FZ!glewood and the FZlglewood Urban Renewal
Authority relating to the use, control, and possession of sections
of South Jason Street and South Acana Street is hereby approved .
A copy of the Cboperative Agreenent is attached hereto and incor-porated herein by reference.
Section 2. 'nle City Council hereby authorbes the Mayor and
City Clerk to sign the Cboperative Agreenent for and on behalf of
the City Council and the City of Englewood.
Introduced, read in full, and passed on first reading on the 18th day of February, 1986.
Published as a Bill for an Ordinance on the 19th day of February, 1986.
Attest: Eugene L. otis, Mayor
ex off1c10 City Clerk-Treasurer
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I, G:iry R. Higbee, e x officio City Clerk-Treasurer of the·
City of Dlglewood, Colorado , hereby certify that the above and
foregoing is a true and canplete copy of a Bill for an Ordinance,
introduced, read in full, and passed on first reading on the 18th day of February, 1986.
Gary R. Higbee
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COOPERATIVE AGREEMENT
THIS AffiEEl"IENT is made and entered into this day of
, 1986, between the CITY OF ENGLEWOOD, COLORADO,
...,(,..,.th.,.--e-u-"C'Z1,-,. t-y-..") and the ENGLEWOOD URBAN RENEWAL Alrl'HORITY ("ElJRA") •
Recitals
~EREAS, the City is a hane rule municipal corporation having
plenary powers over matters of municipal and local concern, except
as limited by its Olarter; and
WHERE.~S, the City Council is authorized by Article 79 of its
Hane ~le Olarter to enter into contracts and cooperative or other
joint activities with other goverrmental bodies, and
WHEREAS, EURA is an urban renewal authority having the powers
enllllerated in Part 1 of Article 25 of Title 31, C.R.S., as Clllended; and
WHEREF\S, EURA has the power to enter into cooperative
agreanents with other public bodies pursuant to Section 31-25-112, C.R.S.; and
WHEREAS, the City Council of the City has approved the
redevelopnent plan entitled the Englewood Downtown Redevelopnent
Plan, and crnencinents thereto (the "Plan"); and
WHEREAS, EUl'<A has been given the responsibility and authority
to carry oµt the redevelopnent project identified in said Plan; and
WHEREF\S, to implanent the Plan, as presently existing, EURA
requires the control, use, and possession of t~ sections of City
street rights-of-way identified as:
1) South Jason Street, between the north
right-of-way line of West Ithaca Avenue
and the south right-of-way line of U.S.
285; and,
2) South Acana Street, between the
south right-of-way line of West Floyd
Avenue and the north right-of-way line of
Englewood Parkway; and
WHEREAS, the City has previously agreed to cooperate with ElJRA in
the implanentation of the Plan.
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Agreanent
NGJ, THEREFORE, in consideration of the mutual pranises,
covenants and other good and valuable consideration, receipt of ~ich
is hereby acknowledged, the parties hereby agree as follows :
1. The City agrees to transfer the control, use and possession
of portions of the City streets and rights-or-way identified below to
EURA for utilization, replanning, modification, relocation, destruc-
tion, and for any other purpose which ~ deans necessary to carry
out the provisions and intent of the Englewood Downtown Redevelopnent
Plan, and cwnen<inents thereto (the "Plan") :
a. South Jason Street between the north right-of-way line of
West Ithaca Avenue and the south right-of-way line of U.S. 285; and,
b. South Acana Street between the south right-of-way line of
West Flo~ Avenue and the north right-of-way line of Englewood Parkway.
2. EURA agrees to use the above-described property in accordance
with and for the public purposes outlined in the Plan as presently
existing or as may be <111ended in the future.
IN WITNESS WHEREcf', the parties hereto have caused this llgreanent
to be executed by their duly authorized respective officers as of the date first written above.
A'M'ESI':
By -:--=-~~----,.,,~.--Gary R. Higbee, ex officio
City Clerk-Treasurer
ATTESI':
Title
~-------~
CITY CF DG.&1000, COLORADO
By-==-=-~~~-:-:-=:-~Eugene L. Otis, Mayor
EOOL&IOOD URBAN REN&lAL AUTHORITY
By -----------~
Title
~----------~
-2-
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ENGLEWOOD HOUSING AUTHORITY
Regular Meeting
December 4, 1985
Call to Order
The Regular Meeting of the Englewood Housing Authority was called
to order at 6:30 p.m., Decembe r 4, 1985, at Simon Center, 3333 S.
Lincoln Street, Englewood, Colorado, 80110.
Roll Call
Members Present:
Members Absent:
Also Present:
Beverly J. Bradshaw, Commissioner
Valerie Lash, Commissioner
Norleen Palmer, Commissioner
Thomas J. Burns, Chairman (Until 8:00 p.m.)
Elizabeth R. Beier (resigned)
Alan M. Feinstein, Executive Director
Mary A. Ryan, Secretary
III. Reading and Approval of Minutes from October 30, 1985
MOTION
NORLEEN PALMER MOVED THAT THE MINUTES OF THE REGULAR MEETING OF THE ENGLEWOOD HOUSING
AUTHORITY BOARD OF COr+IISSIONERS HELD ON OCTOBER 30, 1985, BE APPROVED AS PRESENTED.
VALERIE LASH SECONDED THE MOTION.
Ayes:
Nays:
Abstained:
Absent:
IV.
Lash, Palmer
None
Bradshaw
Burns
Beverly J. Bradshaw, Acting Chairman , declared the motion carried .
Visitors
There were no visitors scheduled to attend the Regular Meeting of th e
Englewood Housing Authority Board of Commissioners held this date.
However, Gertrude Connors, President of the Orchard Place Tenant
Council did attend the meeting as an unscheduled visitors .
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EHA BOARD OF COMMISSIONERS
REGULAR MEETING
DECEMBER 4, 1985
v.
VI.
Page 2
Director's Report
The Executive Director recolTl!lended to the Board of COITlllissioners that
they nominate and elect a new Vice Chairperson due to the resi gnation
from the Englewood Housing Authority Board of Commissioners of
Elizabeth R. Beier, former Vice Chairperson.
Commissioner Bradshaw nominated COITlllissioner Valerie Lash for the
position of Vice Chairperson of the Englewood Housing Authority Board
of Commissioners; Commissioner Palmer seconded that nomination. A
voice vote was taken, and Commissioner Lash was unanimously elected as
the new Vice Chairperson of the Englewood Housing Author ity Board of Commissioners.
Commissioner Lash questioned the role of Tri-County Health Department
at Simon Center. A brief discussion ensued to an swer Commissioner Lash's question.
Executive Director Feinstein reported that recently 2000 flyers were
sent to the Englewood Public Schools advertis ing the availability of grant monies for rehab work.
Discussion ensued regarding the 2750 S. Cherokee situation. The
Executive Director gave a brief capsulization of the history of this
rehab grant. Work to be done at 2750 S. Cherokee, who is to perform
this work, and when the work is to be finished were discus sed.
The Executive Director reported that a foreclosure certificate has
been ordered for the dwelling represented by Rehab Loan No. 106.
Discussion Items, Motions, and Resolutions
A. Resolution to Approve FY86 Mor tgage Revenue Bond Policy Statement.
MOTION
BEVERLY J. BRADSHAW MOVED TO APPROVE FY86 MORTGAGE REVENUE BOND POLICY STATEMENT AS SUBMITTED. NORLEEN PALMER SECONDED THE MOTION.
Ayes:
Nays:
Absent:
Bradshaw, Lash, Palmer
Non e
Burns
The Vice Chairperson declared the motion carried.
B. Request for Use of Rehab Funds to Demolish Schmitt House at 3317 S. Pearl Street.
Discussion ensued regarding elimination of a problem with ve rmin
disrupted by the demolition process. Controlled burning by th e
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EHA BOARD OF COMMISSIONERS
REGULAR MEET! NG
DECEMBER 4, 1985
Page 3
Englewood Fire Department of the house at 3317 s. Pearl St.
was suggested as a measure to eliminate this problem of vermin
before the demolition process was begun. It was suggested that
the Executive Director check with the Building Department to
determine how this problem was handled in the past.
MOTION
BEVERLY J. BRADSHAW MOVED TO APPROVE THE REQUEST FOR USE OF REHAB FUNDS TO DEMOLISH
THE HOUSE AT 3317 SOUTH PEARL STREET AND DIRECTED THE EXECUTIVE DIRECTOR TO PURSUE
THE BEST WAY TO ELIMINATE A POTENTIAL PROBLEM WITH VERMIN DISRUPTED BY THIS DEMO-LITION. NORLEEN PALMER SECONDED THE MOTION.
Ayes:
Nays:
Absent:
Bradshaw, Lash, Palmer
None
Burns
The Vice Chairperson declared the motion carried .
C. Resolution to Execute Financing Agreement and Approval of the Notice
to Issuing Agent to Become Party to Financing Agreement No. 2.
MOTION
IT WAS MOVED BY BEVERLY J. BRADSHAW TO APPROVE THE RESOLUTION TO EXECUTE FINANCING
AGREEMENT AND APPROVAL OF THE NOTICE TO ISSUING AGENT TO BECOME PARTY TO FINANCING AGREEMENT NO. 2. NORLEEN PALMER SECONDED THE MOTION.
Ayes:
Nays:
Absent:
Bradshaw, Lash, Palmer
None
Burns
The Vice Chairperson declared the motion carried.
D. Motion to Write Off Rehab Deferred Loan for 2841 South Delaware
Discussion ensued regarding a $2,200 discrepancy noted between
what the auditor verified and what the promissory note shows.
The Executive Director was directed to clarify this discrepancy.
MOTION
IT WAS MOVED BY BEVERLY J. BRADSHAW TO APPROVE THE WRITE OFF OF THE REHAB DEFERRED
LOAN FDR 2841 SOUTH DELAWARE AS UNCOLLECTABLE. NORLEEN PALMER SECONDED THE MOTION.
Ayes:
Nays:
Absent:
Bradshaw, La sh, Palmer
None
Burns
The Vice Chairperson declared the motion carried.
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EHA BOARD OF COMMISSIONER S
REGULAR MEETING
DECEMBER 4, 1985
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Page 4
E. Resolution to Write Off Stale-Dated Checks from lga4
~
IT WAS MOVED BY BEVERLY J. BRADSHAW TO WRITE OFF THE STALE-DATED CHECKS FROM 1984. NORLEEN PALMER SECONDED THE MOTION.
Ayes:
Nays:
Absent:
Bradshaw, Lash, Palmer
None
Burns
The Vice Chairperson declared the motion carried.
F. Resolution to Write Off Public Housing Accounts Receivable Deemed Uncollectable.
~
IT WAS MOVED BY NORLEEN PALMER TO WRITE OFF PUBLIC HOUSING ACCOUNTS RECEIVABLE DEEMED UNCOLLECTABLE. BEVERLY J. BRADSHAW SECONDED THE ~TION.
Ayes:
Nays:
Absent :
Bradshaw , Lash, Palmer
None
Burns
The Vice Chairperson declared t e motion carried.
G. Mot ion to Proceed with FY86 CDBG Application.
IT WAS MOVED BY NORLEEN PALMER TO PROCEED ITH FYB CDBG APPLICATION. BEVERLY J. BRADSHAW SECONDED THE MOTION.
Ayes:
Nays:
Absent:
Bradshaw, Lash, Palmer
None
Burns
The Vice Chairperson declared the motion carried.
VII. Financial Report
Presented with no discussion.
VIII. Consent Agenda
Noted with no discussion.
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EHA BOARD OF COMMISSIONERS
REGULAR MEE TI NG
DECEMBER 4, 1985
IX.
Page 5
General Discussion
A. Corrmissioners' Choice
The FY84 Audit of EHA was discussed. The Executive Director
informed the Corrmissioners of the correction of the two audit findings.
B. Director's Choice
The Floyd Avenue Realignment was discussed. The Executive Director
was directed to talk with Rick DeWitt to determine the issue of the
Floyd Avenue Realignment as far as the General Obligation Bonds are
concerned. It was questioned how the EHA can unilaterally change
the parking lot to a road. The Executi ve Director was directed
to talk to LuAnne Michelson of Malley Center about the parking spac e changes which have been proposed.
The Executive Director was further directed to explore solutions to
the problem of the carpet at the single-family detached ARRP dwel-
ling at 2758 S. Delaware. Purchasing new carpet or refinishing the
hardwood floors were suggested as possible solutions. A suggestion
was made that the Alternative High School students refinish these hardwood floors.
Building storage sheds for the ARRP units was discussed. There
are some legal concerns since the storage sheds are not on the deeds.
The expense of building the storage sheds was discussed. The
Executive Director recorrmended that this matter be left up to the owners.
The Executive Director was directed to obtain an appraisal on the
Pellachero property located at 2910-12-14 S. Bannock.
A dinner honoring Eliza beth Beier was discussed to th ank her for
her many years of service to the Eng lewood Hou sing Authority Board of Corrmissioners.
The EHA's present procedures to follow-up on delinquent Rehab loans
was discussed at length, as well as suggested improvements to Rehab loan collection procedures.
Adjournment
MOTION
VALERIE LASH MOVED TO ADJOURN THE REGULAR MEETING OF THE ENGLEWOOD HOUSING AUTHORITY
BOARD OF COMMISSIONERS HELD DECEMBER 4, 1985. BEVERLY J. BRADSHAW SECONDED THE MOTION.
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EHA BOARD OF COMMISSIONERS
REGULAR MEE TI NG
DECEMBER 4, 1985
x. Adjournment (continued}
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Page 6
Voting on Motion to Adjourn December 4, 1985 Regular Meeting:
Ayes:
Nays:
Absent:
Burns, Bradshaw, Lash, Palmer
None
None
The Chairman declared the motion carried.
The Regular Meeting of the Englewood Housing Authority Board of Commissioners held on December 4, 1985, adjourned at 8:15 p.m.
;J'(:J2t~h. d
Thomas::s:ms
Chairman
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Mafy A. Ryan
Recording Secretary
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ENGLEWOOD URBAN RENEWAL AUTHORITY
January 8, 1986
I. CALL TO ORDER.
The regular meeting of the Englewood Urban Renewal Authority was
called to order by Chairman Robert J. Voth at 5:40 P. M.
Members present: Minnick, Totton, VanDyke, Voth
Powers, Executive Director
Members absent: Keena, Mcintyre, Cola
Also present: Assistant URA Director Hinson
EDDA Director Dietrich
City Manager Mccown
Mr. Voth noted some revisions to the agenda, noting that items
not considered at this meeting would be considered at a subsequent meeting.
II. APPROVAL OF MINUTES.
December 12, 1985
December 23, 1985
Mr. Voth stated that the Minutes of December 12, 1985 and
December 23, 1985 were to be considered for approval.
Minnick moved:
VanDyke seconded: The Urban Renewal Authority approve the
Minutes of December 12, 1985 and December 23,
AYES:
NAYS:
ABSTAIN:
ABSENT:
1985, as written.
Minnick, Totten, VanDyke, Voth
None
None
Mcintyre, Cole, Keena
The motion carried.
III. 3B CORPORATION
Redevelopment Agreement Amendment
Assignment of Redevelopment Agreement
Ms. Powers stated that all the informati on on the above two items
is not available at the present time. Additional information is
due, and this matter is projected to be considered at a special
meeting of the Authority scheduled for 5:30 p.m. on January 14 •
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IV. RELOCATION APPEAL .
Midland/Western
Mr . Hi nson stated that Midland Fe d eral Savings has filed a notice
of intent to appeal thei r rel ocati on beJ\8fits, but did not have
a l l the documentati on prepared t o presagt the appeal at this
meeting. They do plan to be present in February for the forma l appeal heari ng.
V. RELOCATION REQ UEST.
Palermo's, Inc.
Mr. Hinson stated that he has not been able to contact the
business owner to complete the documentation for this relocation
request; therefore , this request cannot be consider ed at this time.
VI. RELOCATIO N REQUEST.
Ci nderella City Texaco
Mr. Hinson stated that Cinderella City Texaco ceased operation on
December 16, 1985. All equ ipmen t has been placed in storage. In
his discussions wi th Mr. Gerald Barry, business owner, he advised
Mr . Berry that he was elig i b l e for the $2,500 going-out-of-
business payment in lieu of r e location and storage payments.
After cons i derat ion of this propos al, Mr . Barry has chosen to
receive the $2,5 00 payment i n l i e u of going through the process
of requesting relocation benefits and storage payment for his
equipment. Staff recommends payment of the $2,500 payment to Mr. Barry.
Totton moved:
Minn i ck seconded: Th e Ur ban Renewal Authority authori ze payment
of $2,500 to Ci nderel l a City Texaco in lieu of relocation benefits .
AYES:
NAYS:
ABSTAIN:
ABSENT:
Minnick, Totton, VanDyke, Voth None
None
Cole, Keena, Mcintyre
The motion carried.
VII. LAND ACQUISITION.
Cinderella city Texaco (Leasehold Interest)
Ms. Powers stated that a counter offe r on the leasehold interest
has been received; however, it has n o t yet been reviewed by the
Authority legal counsel. Staff suggests that this matter be delayed for further consideration.
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VIII. LAND ACQUISITION,
Park Floral
Minnick moved:
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Totton seconded:
The Urban Renewal Authority go into Executive Session.
AYES:
NAYS: Totton, VanDyke, Voth, Minnick None
ABSTAIN:
ABSENT: None
Cole, Keena, Mcintyre
The motion carried.
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Minnick moved:
VanDyke seconded: The Urban Renewal Authority come out of Executive Session.
AYES:
NAYS:
ABSTAIN:
ABSENT:
VanDyke, Voth, Minnick, None
None
Cole, Keena, Mcintyre
The motion carried.
IX. FINANCIAL REPORT.
Tot ton
Ms. Powers reviewed budget information with the Authority. Ms.
Powers pointed out that all demolition costs are being charged to
Little Dry Creek account, and not to the property costs. There
will be revenue coming in from property sales. Ms. Powers
addressed the Construction Fund interest earnings, noting that
these interest earnings are going back into the Little Dry Creek
fund, but that the interest earnings have not been as high as
anticipated. Ms. Powers pointed out that the final design
figures are not in for Little Dry Creek, and that the figures
used in this budget analysis could change. Ms. Powers stated
that a detailed budget on the 3B/Park Floral project would be given to the Authority at a later date.
Mr. Totton asked about some areas on the printouts where "balance
liquidated" is indicated. Ms. Powers stated that a portion may
be liquidated from one account to pay for another portion of the project.
Ms. Powers noted that the Authority will be receiving reports
from Central Bank of Denver on the investments. The Bank is
handling all the funds, and the Authority draws down from the
Bank whatever funds are needed; the "mechanics" of this process
are still being set up. The Authority will also be receiving
reports from COLOTRUST; they are investing the EURA funds with
other municipalities that have bonds outstanding, and the
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interest rate is 7.7%, which seems comparable to other investments.
Further brief discussion on the financial report ensued. x. CONSTRUCTION REPORT.
Ms. Powers asked if there were any questions regarding the
Construction Report from Acting Engineering Services Director Ragland. No questions were asked.
XI. FLORAL CONSULTING SERVICES.
Mr. Hinson presented a proposed Agreement for Consulting Services
to contract with Mr. Kenneth K. Tagawa for consulting services on
the Park Floral relocation. Mr. Hinson stated that he and Mr.
Opperman interviewed several gentlemen who were very
knowledgeable in the floral/nursery stock business, and are
recommending that the Authority contract with Mr. Tagawa to
perform these services . Mr. Tagawa is involved in the nursery
business at the present time on the same scale or a larger scale
as the Park Floral operation, and is very knowledgeable of the
problems that the Park Floral people will face in the relocation
of their business. Mr. Hinson reviewed the contract and the
duties Mr. Tagawa Will be expected to perform. Discussion ensued.
VanDyke moved:
Totten seconded:
The Urban Renewal Authority approve the
Agreement for Consulting Services with Mr.
AYES:
NAYS:
ABSTAIN:
ABSENT:
Voth,
None
None
Cole,
Kenneth K. Tagawa, and authorize Chairman Voth to sign said agreement.
Minnick, Totten, VanDyke
Keena, Mcintyre
The motion carried.
XII. EDDA.
Ms. Dietrich was present and displayed a plaque on which names of
purchasers of the Broadway street trees will be engraved. Ms.
Dietrich expressed the appreciation of the EDDA for the purchase of a tree by the Authority.
XIII. RESPONSE TO R.F.P. 'S.
Ms. Powers stated that four responses to the request for
proposals on the Old King Soopers Block were received on January
7; the staff has not had sufficient time to analyze these
proposals, and requested that this be an item on the agenda for
the special meeting of the Authority on January 14. Copies of
the responses were given to Authority members for their review.
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XIV. 1985 BONO ISSUE.
The closing on the 1985 Bond Issue was completed on December JO, 1985.
XV. BRADY REDEVELOPMENT AGREEMENT.
An informational memorandum had been sent to the Authority tor
their consideration. This item may be considered in the study session with the City Council on January 14.
XVI. INCA STREET DESIGN/TRAFFIC STUDY.
Ma. Powers discussed the Inca Street design, which is being done
by DeLeuw Cather. The plan that was submitted has been sent back
tor revisions. Ma. Powers also discussed the response ot the
Cinderella City Management to the proposed signalization ot the Inca Street/u.s. 285 intersection.
XV. DIRECTOR'S CHOICE.
Ms. Powers reminded members that the February meeting is their
annual meeting, and that officers will be elected at that time.
Discussion ensued on leasing ot space in the King Soopers and Trolley Square complex.
The meeting was declared adjourned at 7:45 P. M.
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ENGLEWOOD URBAN RENEWAL AUTHORITY
Special Meeting
January 14, 1986
I. CALL TO ORDER.
The Special Meeting of the Englewood Urban Renewal Authority was
called to order by Chairman Voth at 5:45 P.H.
Members present:
Members absent:
Also present:
Cole, Keena, Minnick, Totten, VanDyke, Voth
Powers, Executive Director
Mcintyre
Assistant URA Director Wm. Hinson
Legal Counsel Paul c. Benedetti
Acting Director of Engineering Services Densel
Ragland
Financial Advisors s. Bell and J. McBride
II. MISCELLANEOUS.
Ms. Powers stated that the City Council will be joining the Urban
Renewal Authority for a study session at 7:30 P.H.
Ms. Powers reviewed the status of the development responses on
the old King Soopers Block, and noted that the staff is checking
references, and that additional information is needed from
Laventhol & Horwath before a recommendation from staff can be
made, and before the Authority can act on selection of a
developer. Ms. Powers suggested that this matter may be
discussed with the City Council, also.
Ms. Powers reviewed the requests from the 3B Corporation, asking
for amendments in the Agreement with the Authority, and asking
that their Agreement be assigned to Osprey. Ms. Powers stated
that Messrs. Bell, Benedetti, and Ms. McBride are present for
this discussion. Ms. Powers pointed out that any amendments to
the Agreement and Assignment of the Agreement must be approved by
the trustee and underwriters of the bond issue.
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III. RELOCATION REQUEST.
Palermo's, Inc.
Mr. Hinson presented a relocation request filed by Mr. Robert
Paleo, d/b/a/ Palermo's, Inc. This business has ceased operation
at the location on 3343 South Cherokee Street. Palermo's is a
sub-lessee of the site, the lessee being All V's, which company
has gone bankrupt. Mr. Paleo has assumed all obligations of the
All V's Company, and is merging his Palermo's, Inc. operation
with Marble's Restaurant at 504 East Colfax Avenue. Mr. Paleo
has requested $31,187.66 in relocation benefits. After staff
analysis, the recommended compensation is $22,310.24. Mr. Hinson
reviewed items which have been requested for compensation, but
which staff has determined are not compensable, such as
reprogramming cash registers, removal of floor tiles, lighting
fixtures, etc., which become the property of the Urban Renewal
Authority according to the terms of Mr. Paleo's lease.
Discussion ensued.
Mr. Totton suggested that the staff should ensure there is
weather protection for the structure after the fan and duct
system are removed; there are often holes left in the roof after
such a system is removed, and protection should be provided. Mr.
Hinson stated that he would make sure that any holes in the roof
are covered.
Mr. Minnick posed several questions about the submission of bids
for the various phases of the move. Mr. Hinson responded to Mr.
Minnick's concerns.
Mr. Hinson stated that he had contacted Mr. Hoffman of Lucky
Strike Electric Co., and inquired how much of his bid was based
on the moving of the ceiling lights; Mr. Hoffman stated that $175
was built into the bid for the moving of the lights; his total
bid may be reduced by that amount, inasmuch as the lights are not
to be moved, but are part of the property belonging to the
Authority.
Mr. Totton asked if this would be a final relocation payment.
Mr. Hinson stated that he felt Mr. Paleo could request additional
assistance on some items if he so desired.
Totton moved:
Keena seconded: The Urban Renewal Authority approve payment of
$22,13 5 to Mr. Robert Paleo, d/b/a Palermo's,
Inc., as a partial relocation payment.
AYES:
NAYS:
Keena, Minnick, Totton, VanDyke, Voth, Cole
None
ABSENT: Mcintyre
ABSTAIN: None
The motion carried.
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IV. JB CORPORATION.
Agreement Amendment
Agreement Assignment
Minnick moved:
Cole seconded: The Urban Renewal Authority go into Executive Session.
AYES:
NAYS:
ABSENT:
ABSTAIN:
Minnick, Totton, VanDyke, Voth, Cole, Keena None
Mcintyre
None
The motion carried.
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Totton moved:
Cole seconded: The Urban Renewal Authority come out of
Executive Session.
AYES:
NAYS:
ABSENT:
ABSTAIN:
Minnick, Totton, Voth, Cole, Keena
None
VanDyke, Mcintyre
None
The motion carried.
The Special Meeting of the Englewood Urban Renewal Authority was declared adjourned at 7:25 P. M.
The members of the Urban Renewal Authority then met with members
of the Englewood City Council in a study session •
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ENGLEWOOD URB~N RENEW~L ~UTHORITY
Special Heeting
January 22, 1986
CALL TO ORDER.
The Special Heeting of the Englewood Urban Renewal ~uthority was
called to order by Chairman Voth at 5•35 P. H.
Hembers present&
Hembers absent:
Totton, VanDyke, Voth, Keena, Hclntyre,
Hinniclc
Powers, Executive Director
Cole
II. 31 CORPQMTION.
Hs. Powers stated that this matter would not be considered at
this meeting. Nothing has been received from 3B on the proposed
amendment to the Redevelopment ~greement or on the proposed
assignment of the ~greement to another development company. Hs.
Powers stated that it is anticipated the ~uthority would receive
the information for consideration at the regular meeting of
February 5 1 1986.
III. SILICTION or DIVILOPll\.
Old King Soopers Block
Hs. Powers reviewed documentation she has compiled following
d i scussions with Laventhol & Horwath regarding their evaluations
of the proposals submitted by JBC and the Cherokee Corporation.
Hs. Powers stated that she has also talked to Thornton officials
regarding a development JBC is doing in that city , and received
very favorable comments on the quality of the project . Hs .
Powers stated that the conclusion of the Laventhol & Horwath
evaluation is that for the downtown improvement project as a
whole, the JBC proposal is the better alternative, since it is
more compatible with other uses in the project .
~nalysis was also done on the impact of the athletic center which
is proposed by JBC on the City of Englewood recreation center.
The conclusion is that the athletic center will not impact the
city recreation center, but the city recreation center may impact
the athletic center. Discussion ensued. Hs. VanDyke stated that
she would like to meet with the individuals who did the marketing
study on the athlet ic facility to discuss their findings. Hs .
Powers stated that she would attempt to arrange such a meeting .
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Mr. Totten asked if there has been further communication from
Brady Development Corporation on the King Soopers Block. Ms.
Powers stated that it is her understanding that they have signed
an agreement with Ross Investment Group which will allow Ross to
negotiate on changes to the development agreement. They consider
the old King Soopers Block as part of the total redevelopment
site, and they have been told that this is not the case. Further discussion ensued.
Negotiation procedures with the developer to be selected for the
old King Soopers block were discussed. Hs. Powers suggested that
any developer considered for that block would have to meet the
minimum bid price of $3,eoo,ooo, and they would have to adhere to
all other facets of their proposal as presented . Further
discussion followed.
Hr. Tatton asked if the JBC proposal was for rental housing or
for condominium/townhouse units. Hs. Powers stated that it is
for rental housing; the market will not support further
condominium development at this time, but it would be possible to
convert to condominium use in the future. The housing would be
for senior citizens. Hr. Totten stated that he felt the housing
units should be built away from Cinderella City. Hs. Powers
stated that the JBC proposal shows the housing on the northeast
corner of the site if they determine they have to demolish the
present structure; if the present structure can be used, the
housing was shown in a closer-in location.
Further discussion on negotiation of an agreement with the
developer ensued. Hs. Powers suggested that a restriction of 60
days be used as a negotiation deadline, and that a contract be
signed by the end of that period. Further brief discussion ensued.
Totten moved:
Keena seconded• The Urban Renewal Authority accept the
development proposal submitted by JBC to
develop the old King Soopers block , and
authorize the Executive Director to begin
negotiations with JBC on a development
agreement. Such negotiations shall be
completed within 60 days, and the base price
of the land shall remain firm at $3
1
800,000.
AYES: VanDyke, Voth, Keena, Mcintyre , Minnic k , Totten NAYS• None
ABSENT• None
ABSTAIN: None
The motion carried.
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IV. "ISCBLLAMIQUS,
Hs. Powers stated that the staff has submitted a billing to Brady
Development Corporation on expenses that must be reimbursed to
the Authority per the Redevelopment Agreement. Hr. Brady has
also been notified that he is in the 30 day grace period. At the
end of that time, the Authority will draw on the letter of credit
he has on file with the Authority if payment ia not made.
Hs. Powers stated that Ron Hyles has been consulted on proposed
redevelopment projects, such as the Little Tree Hotel, in the
past, and has been involved as a consultant in other urban
renewal projects in the metro area. Hs. Powers discussed the
need of the Authority to have a consultant such as Hr. Hyles
engaged by the Authority for use in the upcoming phases of the
redevelopment program. Hr. Hyles is highly recommended by Hr.
Steve Bell. Hs. Powers suggested that with the approval of the
Authority, she will ask Hr. Hyles to present an agreement for
consulting services for consideration by the Authority at their
meeting in February .
Hs. Powers updated the Authority on the relocation of Palermo's
Restaurant.
Staffing for the Authority during Hs. Powers' leave of absence
later thi1 Spring va1 discu1sed.
The meeting adjourned at 6•t5 P. H.
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Gertrude G. Welty
Recording Secretary
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ENGLEWOOD LIQUOR LICENSING AUTHORITY
Minutes
January 15, 1986
The meeting was called to order at 7:30 p .m . by Chairman Styes.
PRESENT: Waddell, Mclaughlin, Lunders , Styes.
ABSENT: Heinle .
The Cha i r decla r ed a quorum present .
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WADDELL MOVED , SECONDED BY LUNDERS, FOR APPROVAL OF THE MINUTES OF THE MEETING
OF DECEMBER 11, 1985. Upon a call of the roll, the vote resulted as follows:
Ayes: Waddell, Mclaughlin, Lunders , Styes.
Nays: None.
Absent: Heinle.
* * * * *
Member Heinle entered the meeting at 7:37 p.m.
* * * * *
As Attorney Alan Dill , repre senting Skipper 's, wa s not yet present , the
Auth ority moved on to the next agenda item .
* * * * *
It was announced by t he Depu t y Ci t y Cl erk tha t Wanda Green, applicant for
Wan da's Liquors, 2801 Sou t h Br oa dw ay, wa s i ll and would not be pres ent for the
meeting. Mrs. Green had expressed a desire to pos t pone t he s et ti ng of the
boundaries until the nex t meeting of t he Aut hority . This was agre ed upon.
* * * * *
Doug Chambers , Ken 's Lounge , 2B93 South Broadwa y, pr e se nted plans showing the
completed renovation of his licen s ed premises . Mr . Chamber s desc r ibed the
interior . It was announced that a Certificate of Occupancy had been issued by
th e Bu i ld i ng Di vi si on. He wa s as ked about the letter of app r oval from the
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Liquor Licensing Author ity -Janua ~ 15, 1986 Page 2
Tri-County Health Department. Mr. Chambers did not have a copy of the letter
with him but assured the Authority he would provide the Clerk with a copy on
January 16, 1986. Since this modification had previously been approved by the
Authority, it was agreed that Ken 's Lounge could reopen upon receipt by the Clerk of the letter of approval from Tri-County .
* * * * *
Alan Dill (Attorney Registration No. 872) , attorney for Skipper's, 999 West
Hampden, Englewood, addressed the Authority concerning the application of
Skipper's for a Hotel/Restaurant Liquor License . Items missing from the
application were noted: photographs of the shareholders (which will be
required for the police investigation), Manager's registration, and affid av it
of source of funds. It was further noted that date of birth for Rodger Ala n Duncan must be in error and should be corrected.
LUNDERS MOVED, SECONDED BY McLAUGHLIN, TO SET THE BOUNDARIES FOR THE
PETITIONING FOR HOTEL/RESTAURANT LIQUOR LICENSE FOR SKIPPER'S AS BATES ON THE
NORTH, OXFORD ON THE SOUTH, SANTA FE ON THE WEST, AND BROADWAY ON THE EAST;
THE PUBLIC HEARING TO BE HELD FEBRUARY 19, 1986, AT 7:30 P.M. Upon a call of the roll, the vote resulted as follows:
Ayes: Waddell, Mclaughlin, Lunders, Heinle, Styes.
Nays: None.
The Chair declared the motion carried.
* * * * *
The Authority received information concerning the renewals which were
approved, as shown below by telephone poll on the following:
Supreme Liquors
5112 South Broadway
Seven Eleven Store
4601 South Broadway .
Retail Liquor Store
Unconditional
3 .2 Beer Retail
Conditional upon resolution of the
criminal conviction involving The
Southland Corporation.
WADDELL MOVED, SECONDED BY McLAUGHLIN , FOR THE APPROVAL OF THE FOLLOWING RENEWALS:
Kin g Soopers
IOI Englewood Parkway
King Soopers
5050 South Broadway
Shop N Go Markets
2901 South Broadway
3.2 Beer Retail
3 .2 Beer Retail
3.2 Beer Retail I • •
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Liquor Lice nsing Aut hority -January 15, 198 6
Page 3
South Wind Res t aura nt
2796 South Br oadwa y
Ha mpden Wes t
3517 Sout h Elat i
Fratelli s Pizza
1200 Eas t Hampden
Walgreens Wags
701 We st Hampden
Hote l /Rest aur ant
Hote l/Re s tau r ant
Hotel /Re s tau r ant
3.2 Beer Reta il
Upon a call of the r oll, the vote resulted as follows:
Ayes: Wadd ell , Mclaughlin, Lunder s, Heinle, Styes .
Na ys: Non e.
The Cha ir de cl ar ed t he moti on c arried.
* * * * *
Alan Dil l (At t or ney Regi s t r ation No. 872 ), Atto r ney r epre s ent i ng Li nda Serio,
50 % shareholde r of Ca s ual Lou nge, 65 We s t Flo yd Aven ue , Englewo od, addressed
the Author i ty concern i ng the situat i on cu r rently exist i ng i n t he man ag ement of
the lounge. He reques t ed approval of the renewal of the Ca sual Loun ge,
explaining that an agreement had been reached be tween Gar y Copp and Li nd a
Serio , the two equal shareholders of the corporation . In the future Mrs .
Serio will have the day -to-day management of the establishment; Mr. Copp wi ll
no longer be involved in the operation of the business . He explained that
Mrs . Serio was not aware that the license renewal had not been completed , th at
she had been under the assumption that all details had been handled until
advised to the contrary by one of the employee s of the lounge . The document
giving Mrs . Se r io complete contro l by Mr. Copp was presented to the Author ity
who qu es tioned its e ffectivene ss, an d Mr . Di ll agreed the document could be
improved upon. Th e sequence of events was discussed; Assis tant City Atto r ney
Grimm reque s ted t hat t he record reflect tha t the origi nal re newal appl i cat ion
had been lost by the applicant, according to the night mana ger of the Casu al
Lounge; that Mrs. Owen, Deputy City Clerk at the time, requested t hat an
original application be filled out which was subsequently done and f iled with
the City on December 19, 1985, prior to the actual expiration. On th at date,
certified letters were sent to both shareholders and to the Casual Lounge
address notifying all concerned that after midnight on December 19, 1985, the
licensee could not serve alcoholic beverages until proper financial
arrangements were made to support the "renewal application." Mrs. Serio
acknowledge receipt of this letter. Mr. Grimm confirmed for the Authority
that if they felt there were justifiable reasons for the delays in submitting
acceptable financing for the renewal of the license, it was at the Authority's
discretion to renew at this point; that renewing at this point was within the
statutes and their autho r ity.
Under oath, Mrs. Serio, 9211 East Eastman Avenue, revealed that she is
currently a 50% shareholder of the corporation, that she had not been active
in the business operation of the lounge. She did receive the certified letter
from the City concerning the abeyance of the license but that she was under
the impression from Mr. Copp that he would handle all the requirements set
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Liquor Licen s ing Aut hority -Ja nuary 15 , 1986
Page 4
fo r th in the letter and that the matter would come before the Authority on
J anu ary 15 , 1986 . She did no t know until recently that those obligations had
not be en taken ca re of. She was not aware of the advan ce 45 day r ule . All of
t his led to the deci s ion t ha t s he would have to a ss ume the day -to -day
ope r ations of the lounge, that Gary Copp would have to r elinquish t he
management duties. In the event the Authority decided to renew the license,
she agreed to be responsible for all management, stating that she and her
present husband, John Serio would be available as much as needed to perform
the job. Mr. Grimm que s tioned her that in her capacity as Treasurer/Secret ary
of the corporation concerning her knowledge of the bills being unpaid or had
she ever s een the renewal appl i cation, to which she responded no she had not
been i nvolved in that aspect of the business , that in her capacity as
Treasurer/Secretary she had only attended board meetings and signed documents
as necessary; that she did not have any day-to-day operations with the
business, doing only minim al journal entries, etc., wh en Gary (Mr. Copp) had
asked her to do so, but th at most of the time he refused her offers of
assistance. She stated that she felt she had access to sufficient funds to
get t he bus i ne ss back in order , and that she was request i ng that opportunity
fro m the Aut hori t y.
The doc um en t na min g Lin da Ser i o as Operation s Manager was question ed; Attorney
Dill stated it wa s no t t o his satisfaction and not acceptable to Mrs. Serio;
he confirmed t hat Mr. Cop p woul d sign any document prepared by the attorney
and that he would prep are ano t her docu ment which would be signed by Mr. Copp
and supp li ed to the Authority withi n 10 day s . It was the consen s us of the
Autho r ity t hat the matter would have to wa i t unt i l t he next meet i ng (Feb. 5,
1986) under those circumst anc e s; At torney Di ll e xp r e ss ed conce r n t hat it i s
criti cal f or the survival of t he busin e ss t hat th e l icen se be renewed before
then ; he requ ested th e lic en se be approved and s ubm i tted to the State Liquor
Division, pend i ng the co mplet i on of the documentation . It was discussed by
the Authority and Mr. Di ll that cons i deration be given to changing the
corpo r ate structure, re moving Ga r y Copp as president . The applicant confirme d
that under the new structure Linda Serio would be president and Nadine Turner
Se cretary/Treasu r er; Mr . Copp wil l not be an officer nor have corporate
r e spon si bi l i t i es, he wi ll re main as a non -parti c ipating shareholde r.
At th is po i nt , th e Autho ri t y recesse d t o Exec ut ive Se ss ion; the meeting was
r econve ned at 9 :16 p .m.
LUNDERS MO VE D, SECONDED BY McLAUGHLIN, TO CONTINUE THE CONSIDERATION OF THE
APPL ICATION FOR RENEWAL FOR THE CASUAL LOUNGE UNTIL SUCH TIME AS DO CUMENTATION
CAN BE SUBMITTED TO THIS AUTHORITY SHOWING THAT LINDA SUE SE RI O HAS EXCLU SIV E
CONTROL OF THE OPERATION OF THE CORPORATION THAT HOLDS THE LI CENS E AS CASUAL
LOUNGE, INC . IF SUCH DOCUMENTATION CAN BE SUBMITTED TO THIS BOARD TOMORROW
(JANUARY 16, 1986) OR AT ANY TIME BEFORE THE NEXT REGULAR MEETING, UPON
PRESENTATION OF THIS DOCUMENTATION, THIS BOARD WILL HOLD A TELEPHONE POLL FOR
THE CONSIDERATION OF THE RENEWAL. THE DOCUMENTATION IS SUBJECT TO THE
SATISFACTION OF THE LIQUOR LICENSING AUTHORITY, AND IF NO DOCUMENTAT ION I S
RECEI VED, THIS MATTER WILL BE DISPOSED OF AT THE NEXT REGUL AR MEETI NG OF THE
AUTHO RI TY (FEBR UARY 5 , 1986 ). Upon a ca l l of t he roll, the vot e resu lted as
follo ws:
Ayes: Waddell, Mclaughlin, Lunders, Heinle, Styes .
Nays : None .
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Liq uor Licensing Authority -January 15, 1986
Page 5
The Chair declared the motion carried .
An additional request that the agreement should be irrevocable was made by the
Authority 's legal counsel.
* * * * *
Authority received without action but noted the communication from the law
firm representing Southland Corporation relative to the criminal investigation
in the State of New York involving the company.
* • • • •
The charter date of VFW Post 322 was confirmed as June 12, 1936 .
• • • * •
Authority received copies of the results of the telephone poll of December 23,
1985, approving Findings of Fact of Public Hearing held on December 11, 1985,
(Broadway Cafe Cook & Co.).
* • • • *
Mr. Waddell will attend the Liquor and Beer Code Seminar scheduled for January 16, 1986.
• * • * •
Charles Grimm brought to the Authority's attention a matter concerning The
South, 3535 South Huron, for determination whether a Show Cause Hearing should
be held because of a reported selling of alcoholic beverage to a minor.
HEINLE MOVED, SECONDED BY LUNDERS, THAT A SHOW CAUSE HEARING WILL BE CONDUCTED
ON MARCH 5, 1986, AT 7:30 P.M., COUNCIL CHAMBERS, CITY HALL CONCERNING A
VIOLATION MATTER AT THE SOUTH, 3535 SOUTH HURON. Upon a call of the roll, the
vote resulted as follows:
Ayes:
Nays:
Waddell , McLaugh li n, Lu nders , He inl e, Styes .
None.
The Chair declared the motion carr i ed.
* * * * •
The mee t i ng wa s ad j ourned, wi t hout a vote , at 9:30 p .m.
~-. r ///) r-
<<t'L-~, ~v
Deputy City Clerk
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CITY OF ENGLEWOOD PLANNING AND ZONING COHHISSION
.January ~1, 1986
I. CALL TO ORQER.
The regular meeting of the City Planning and Zoning Commission
was called to order at 7•00 P . H. by Chairman Walter Stoel.
Members present: Stoel, Allen, Barbre, Beier, Carson, Gourdin,
Magnuson, Mulhern
Members absent:
Also present•
Mesa
Assistant Director D. A. Romans
Senior Planner S. T. King
II. APP&oVAL or MIMtJTIS.
December 17, 1875
Chairman Stoel stated that the Hinutes of December 17, 1985 were
to be considered for approval.
Mr. Beier noted that his name had been omitted in the initial
roll call, and that he was present at the meeting.
Carson 111oved1
Barbre seconded• The Planning Commission approve the Hinutes of
December 17, 1985 as amended.
AYES: Stoel, Allen, Barbre, Beier, Carson, Gourdin, Magnuson,
Mulhern
NAYS: None
ABSENT• Hesa
ABSTAIN: None
The motion carried.
III. SUBDIVISION WJ\IVIR
Ramon .Jacquez Agent
Cl\SI U-86
Hrs. Romans stated that the applicants are still meeting in the
hallway to try to resolve some of the problems with the proposed
subdivision waiver, and suggested that the Commission might want
to proceed with the remainder of the agenda.
IV. FINDINGS or fl\CT
Shiv .Jee .Jha
Cl\SI #37-85
Hr . Stoel stated that the Findings of Fact for Case #37-85 were
to be considered for approval.
Hr . Beier noted that his name was also omitted from the
attendance role listed in the Findings of Pact; also that the
case citation was given as #37 -75 rather than #37-85 .
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Carson moved:
Allen seconded:
The Planning Commission approve the Findings
of Fact for Case #37-85 as amended.
AYES: Allen, Barbre, Beier, Carson, Gourdin, Magnuson, Hulhern 1 Stoel
NAYS: None
ABSENT: Hesa
ABSTAIN: None
The motion carried.
v .
Hr. Stoel asked that the staff discuss this request.
CASI 6-8§
Hrs. Romans stated that the Commission has recommended vacation
of the west leg of the "T" alley in Block t of Higgins South
Broadway Heights, on two different occasions finding that there
is no reason to retain the right-of-way. Hrs. Romans reviewed
the previous requests for vacation of the right-of-way, and noted
that a 50 foot turning radius has been provided to connect the
north/south alley with South Emerson Street via the east leg of
the "T" alley. When the City Council approved the vacation of
the alley, a provision was added to the ordinance that if a
building permit was not issued within 180 days, the alley
vacation was void. A building permit was not issued within that
time frame, and the property owner now has to reapply for the
alley vacation before he can pursue development plans for the
site. Hrs. Romans noted that the architect, Hr. Art Swords, is present.
Hr . Stoel asked why the 180 day stipulation was included in the
vacating ordinance. Hrs. Romans stated that this was done by the
former City Attorney at the request of a member of the City Council. Discussion ensued.
Hr. Swords displayed working drawings of the proposed
development, which is an out-patient surgery facility and will be
used in conjunction with Swedish Hedical Center. Hr. Swords
stated that they hope to break ground by the end of April
1
1986.
Hr. Swords d iscussed the access to and from the development, and
demonstrated with the drawings the adaptation of the building to fit the topography of the site.
Hr. Allen asked what the Fire Chief felt about access for
emergency equipment to the site. Hr . Swords stated that the
developers had met with Hr . Groditski
1
Fire Harshal
1 approximately three years ago, and at that time the 50 foot
radius was acceptable; they do want the alley to be paved .
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Hr. Stoel asked if the Commissicn members had any questions, or
if the staff had anything to add. Hrs. Romans stated that the
staff has previously met with all concerned departments, and no
objections were received. Hr. Beier asked if the 180 day
stipulation should be included in the recommendation. Hr. Stoel
stated that he did not see any need to include such a provision;
the right-of-way is not needed, and should be vacated.
Carson moved•
Beier seconded: The Planning Commission recommend to City
Council that the following right-of-way be
vacateds The alley right-of-way which adjoins
Lot 20 on the South, Block 4 1 Higgins South
Broadway Heights, ~rapahoe County, Colorado,
extending East from South Clarkson Street to
connect with the east and north/south portion
of the Clarkson/Emerson alley in the 3500
block South. This recommendation is based on
the following findingss
1. That the alley right-of-way adjoining the
south side of Lot 20, Block 4 1 Higgins South
Broadway Heights, is the west leg of a "T"
alley which bisects property owned by the
applicant.
2. That persons using the north/south portion
of the alley off of East Hampden ~venue have
access to South Emerson Street via the east
leg of the "T" alley and that this pattern has
been established for many years as the
principal means of ingress/egress to the
alley.
3. That the vacation of this west leg of the
alley right-of-way has been approved by the
City Planning and Zoning Commission and City
Council on two other occasions; but, in both
instances the vacation action was not carried
to completion solely because an 180-day
deadline to obtain a Building Permit was
attached to the vacation action, and that
deadline could not be met.
4. That the aforedescribed alley is no longer
necessary and serves no public purpose.
5. That the applicant is denied the use of
his property in the R-3 High Density Residence
Zone District because it is bisected by the
alley right-of-way .
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1'YES 1 Barbre , Be i er , Carson , Gourdin, Hagnuson , Hu lhe rn ,
Stoel, .1'1len
N1'YS1 None
1'BSENT1 Hesa
1'BST1'I N 1 None
The mot i on carried.
IIICB). SUBDIVISION 11\IVIB
Ramon Jacquez, 1'gent
CMI 11-86
Hr . Stoel asked that the applicants present thei r c ase .
Mr . Bi ll Gr aveley stated that he i s an attorney rep r es e nting Mrs .
Chongae Jennings and Hr. Ki Chul Choi, current owners of Tract B .
They purchased the property from Hr. Jacquez one year ago, not
realizing that this purchase was in violation of the Hunicipal
Code . The indiv i dual holding the Deed of Trust from Hr . Jacquez
on the total parcel has instituted fo r eclosure proceedings
against Hr. Jacquez because he sold part of the holdings without
pay i ng the agreed upon sum to Hr . Klockner (holder of the Deed of
Trust). Hr . Jay Hamburg wants to purchase Tract B from Hrs .
J ennings and Hr. Choi, but has asked that the illegal pur c hase of
the property by Jennings/Choi be corrected prior to h i s purchase
o f the property . Hr . Graveley said that the interested part i es
have been meeting earl i er this evening in an effort to r each a
so l ut i on to some o f the problems i nvolved on this site . Hr .
Grave ley s t ated t ha t he feels t hey have a r r i v e d at a c onsens u s
that wi ll al l ow the waiver to be app r oved by the Comm i ss i on .
P oi nts
1.
2.
3.
4 .
o u tl i ned by Hr. Gr aveley i nclude •
Hr. Hamb ur g is wil ling t o pu rc hase T ract B as ah o vn .
Ho n t ur a De Pl a t a Corpo r a tion (Hr . J a c qu ez) a g ree s to
s e ll to Ha mburg "P a r c e l c•.
The plat will be mo d ified to show only th e east and west
parcels.
Hontura De Plata has agreed to vacate e asements that are
shown across Tract 8 .
Hr . Graveley stated that they are asking the Planning Commission
to consider granting the waiver under the conditions outlined,
namely that the property will be divided into t wo parcels• east
and vest parcel. Parcel "C" will be eliminated and combined with
Parcel "B ". 1'11 easement• existing across Tract B will be
vacated .
Hr . 1'llen asked the purpose of the easements across Tract B . Hr .
Graveley stated that the eaaements were granted by Hr . Jacquez as
additional means of access . Discussion ensued. Hr . Carson asked
about the eaaements in Parcel "C ". Hr . Graveley stated that the
easements on Parcel "C" were recorded years ago , but are not
used . These easemen t s are not under cons i derat i on f o r vacati o n
by the appli c ants; only those easements across Pa r cel "B" .
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Hr . Jacquez addr es sed the Commission and stated that he d i d no t
know what the easement along Parcel "C " is for, that it has never
been used . Hr. Carson pointed out that if the easement is for
utility purposes, the city should not relinquish the easemen t.
Hrs . Romans stated that it i s the suggestion of the s t aff tha t
the applicant bring to the Commission a new plat show i ng the
proposed division of the parcel with appropriate legal
descriptions for each parcel . Hr . Graveley stated that the legal
descriptions are on the current plat; Tract "A" would remain the
same, and that Tract "B" and Tract "C" would be combined. Hrs.
Romans pointed out that following approval of any subdivision
waiver by the Comm i ss i on , the plats must be recorded with the
Arapahoe County Clerk and Recorder; it is necessary that the plat
be clear as to what is proposed . Hrs . Romans po i nted out tha t
there are bu i ldings on the southwest corner of Parcel "A" whi c h
appear to be served by an access easement outside the subject
property from Santa Fe Drive. These buildings are leased to
another party by Hr. Jacquez. Hrs . Romans pointed out tha t
ac cording to the Subdivision Regulations any act of leas i ng or
building is a "division " of the property, and that by leas i ng
t hose buildings, Parcel "A" has been divided . Hr . Jacquez stated
that these proper ti es have been used and lea s ed in this manne r
f or 25 years . New easements were created across Parc e l "B" to
g i ve further access to those properties. Discussion ensued .
Hr . Allen asked where the proposed access from West Union Avenue
is to be located . Hr. Jacquez indicated the approx i mate location
o f a d r iveway from West Union Avenue whi c h serves an existing
h ous e.
Hr. Stoel a s ked i f the staff had further commen t s . Hrs . Roman s
stated t ha t s he wan ted to r eit e r a te t he need fo r a cl ean , c on ci se
pl at fo r recording purposes; this plat should ref l ect the prope r
legal de s c ript i ons for the pa r cels as shown on t he plat . Hrs .
Romans st a ted t h at t h e s t a ff h as n ot b e e n given a plat s how i n g
the locations of improvements that are in e x istence, and there is
at present no way to determine whether the p roposed division of
the parcels into an east/west configuration is a logical division
of the property . Discussion ensued.
Hr . Stoel pointed out to Hr. Graveley and Hr. Jacquez that the
plan they have discussed with the Commission has changed
considerably from that which was presented with the staff report.
He stated that he, personally, would like to see a new plot t ing
of the division, elimination of the easements, and t h e location
of the structures shown to determine the feasibility of the
proposed division .
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Hr. Graveley pointed out that foreclosure proceedings have begun,
and that time is of importance to Hr. Jacquez and his clients in
reaching a solution to this problem. Hr . Jacquez stated that he
has invested approximately $5 1 500 to prepare the plats before the
Comm i ssion; the legals are accurate for Parcel "A", and that the
legals for Parcel "B" and Parcel "C " would be combined into a
Parcel "B ". He stated that this is very clear to him, and he
felt the Commi•sion should approve the request as presented to
them at this meeting. Further discussion ensued.
Allen moved• The Planning Commission table Case #1-86 for
further consideration and ask that the applicant
subm i t an amended plat, to scale, showing location
of existing improvements, the location of any
perpetual easements, and the proposed division of
the property.
Hr . Jacquez stated that the proposed division will not isolate
any of the existing structures that are being leased. The
Commission is asking that he spend additional funds to prepare an
amended plat . If additional property were to be sold off,
approval of a future division would have to be acquired.
Hr . Magnuson •tated that there is nothing in front of the
Commission for them to determine where the access is from West
Un i on Avenue, and how it will affect the buildings on the
southwest corner of the parcel. The easements that are on the
site "B " may not comply with City standards, and it is the
responsibility of the Commission to assure that the City
standa r ds are met . Further brief discussion ensued .
Hr. Carson stated that he would second Hr. Allen's mot i on.
Hs. Romans pointed out that Senior Planner King has asked the
app l ic ant for an improvement survey, but the appl i cant has not
su bm it ted such a document.
The motion was ca l led •
AYES• Beier, Car s on, Gourdin, Magnuson, Mu l h ern, Stoel, Allen,
Barbre
N1'.YSt None
ABSENTt Hes a
1'.BSTAIN I None
The moti on carried .
V I. PUBLIC lQRUH .
There was no one who wis h ed to a dd re ss the Commis s ion u nder
Public Porum .
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VII. DIRICTQ8•s CHOICI.
Mrs . Romans stated that the City Counc i l did approve the Planned
Development at 300 West Belleview ~venue at their meeting on
January 20, 1986. Hr. Gourdin asked if this development would
have fire places, Hrs . Romans stated that fire places are
proposed, and the staff would discuss the design of the fire places with the applicant.
VIII. COfV1ISSIOMIR,'S CHOICI.
Hr. Carson stated that with the cooperation of the City and the
State Highway Department, sidewalk will be installed along
Belleview ~venue east of South Broadway .
The meeting adjourned at 7•55 P. H.
Recording Secretary
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TO :
FRO M:
DAT E:
SUBJECT :
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M E M 0 R A N D U M
HONORABLE MAYOR AND ME MBERS OF CITY COUNCIL
Carolyne J. Boettger, Court Administrator
February 6, 1986
MU NICIPAL COURT 1985 FOURTH QUARTER AND
END-OF-YEAR ACTIVITY REPORT
The 1985 .!un icipal Court Fourth Qua r ter a n d En d-of-Year Report
i s attached. Comments ab o ut various sections of the rep o rt f oll ow,
as \·:ell a s some mi s ce llan ous in form at i on about chan ges that to ok
place in 1985 o r ~il l tak pla c in 1986.
If there is other information you woul d l ike to h a ve included in
t h e se rep o rt s , plea se let rn know.
1 .i.. 1 cc: f ·_:: ..
' / I (__~~Vt/
Ca;olynf J. Caoettger
Court Administrator
CJB/ jm
Attachments
cc -Louis Parkinson , Municipal Judge
Robert R. Holmes, Chief of Police
Charles C. Grimm, Assistant City Attorney
Dorothy Dalquist, Public Relation s Specialist
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SUB J ECT
1. !£VEN UE SO URCE
A) DJ\DltT\\.11:: Vff'll l\.TlnN Ff NCC:
R) VTN l\Tff'INC: R t tDCAll F!NCC:
r) rn11?T FINFC:
o} ARAP/li!PF rntNTV nlll FHJCC:
F) RflNT) FORFE I Tl IRP~
F) rnt l?T rffiTC:
r.) w 1 ThJFC::C:: FCl'"C:
1-1) II ll?V Cl'"l'"C:
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ENGLEWOOD MUNICIPAL COUR T
QllARIERI Y ACT IV !T Y REPORT
!:lrn am . !:l rn QIH .
19M 19~
I
t 17 c:;?-; hf) $ ?7 R.7? c;n
in -;nc:; m lf; fl'>J< m
24,CXJ3.00 24,528.00
5,845.00 7,3'21.00
LCXXl.00 100.00
8,224.50 9,042.85
213.00 250.00
25.00 25.00
PAGE_l_
I YTD
I
YTD
19~ 19-85
$ 7F. 17?.4S $ RS.m ?S
7;Q_LJLO m c:;.Q WJ QQ
104 032 .00 114 592.211
21,133.00 29 ,971.50
3,890.00 3,%0.00
35,446.50 41,524.00
91LJ.00 m.90
75.00 142.00
TOTALS $ 67,199.10 $ 85,233.3 5 ,$ 281,104.95 $33 5,134.77
2. CASES FI LE] I ! I
ti) DJ\Dlt!N(.; V !f'l l l\T!f'INC: 2 637 i 3 433 I 10 352 I 10 141
E) TRAFFTr Vl nl tiTtnNC: Q7;? : 1 c:.nJ.J 7; ()}~'\ r:; /1 Q/1
' rL.fili~JtlG YIOLATIO'§ 14) I 187 526 I 590 _ _L
Lr·1 ~11'.l!j' QRDJNA'::IC E ~IQLAT rnr-.:c: I I I I Ltt:;l I 65 177 I 2'.}) I
r) nn-iFR f'\Rnlt\ti_\l:F Vlf'll L.,TJmc: 15) I 17G 75G I ;:;ro I
F ) rnMP1 tiTITTS 39 11 I 67 I 24
G) c:~r1.1 rtitic:i: ClTAT i nNC: 40 31 134 I JOO
TOTALS 4,013 5 519 16 063 17 600
3. VIOLATIOMS BUREAU ACTIVITY
ti) TRAFl=Tr/M1c:r V J()I AT!f'INC:• 602 1,004 2,42S 3,502
PIE.A CF GUILTi 355 552 1,312 1,954
PIE.A OF OC1I' GUILTi: 247 452 Lill 1,548
REQUEST TRIAL TO COURT (235) (436) (1 031) (] Llf)?)
FILED JURY DEMAND (}2) (16) (~) (8fi)
R) p11D1t!Nt:: V!f'll ATll'Y\JC:•
PLEA OF GUILTi/Pl\.ID 1,783 2,3?5 7-E~ 6.R?7
FTIED J\T'PF..AL 375 649 1 .?RS ] .700
C.JB-2-7-86
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ENGL EWOOD MUN IC IPA L CO UR T
QUAR TER LY ACTIV IT Y RE PO RT
<CO NTI NUED )
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4TH OTR .
SUBJECT 19~ 19_ 85
4. COURT ACTIVI1Y
A) 11DD11.I ·-· '" (¥;7 <VO
FTA,/CXNI' ?7n ??7
GUILTI PI.F.A/PB/DIS l.J7>ll LOI.!
NOI' GUILTI PIEi\: ?t;Q ?f)O
RE QEST TRIAL TO COURT (?I.Jg) (?hfl)
FILED J URY DEMA ND (11) (q)
R) rrn IRT DD~-TRI 41 c:. 599 7ffi
FTA/CXNI' 189 161
PB/DIS/CDP 361 470
SET FOR C'OUR1' TRIAL 49 75
r) lllRY PRl"-T R I 4 1 C: • G6 54
FTA/CXNI' 30 l 23
PB/DIS/CDP 35 28
SE'T FOR JURY 'IT.JAL I 1 3
i1 ) TD !A' C:• I 72 I 107 I
FTA,/CXNr 17 27
PB/DIS/CDP ?3 36
TRIAI.S HEID : 32 44
COURT TR illLS <7'1) (43)
.TURY TRIALS (?) (1)
I") ()"f'l4FR Ml c;r ~I" 1101 tir..c: 382 1n9
5. OTHER ACTIVl1Y
A) WARRANT<;/F 'llF rt fTI r..t<: J<;c;1 s=n 284 219
R) r 11 c::~c:: Tl'RM I NAT Fn (pl((; ~vr 1 11n) 1 ~ 1 71Q c' r A<;F<; P i:NnJ NI'. (PK G FXrt llnl'n) 1 .hll? 1 _qp,
/,flflt.'l'VJllTI ON.C: llHf\' II.'; /.'fl/,/1 Jw:::
PA GE_2._
YID
I 19.§i
3 566
865
1.G45
LO'JG
(937)
(69)
2,633
G0'2
1,744
287
291 I I
I
113
166
12 I
I 355
111.f
91
151
<145)
(6)
1,367
879
c;. c;c;n
-fl-
F'l'A = Failure t o arprar
YID
19_§2
3.681
799
1.80'.2
LCOO
(1 035)
(1.15)
3,325
871
2,154
300
21.!7
86
137
24
377
96
126
155
(149)
(6)
1,622
964
7 n~
-fl-
CONT = Conti nued to ano tht't ' dat <'
COP = Change of plea from no t
g uil ty to gui lt.y 01• no lo
DIS = Case dismissed
PB = Plea Bargai n dit;r•o:::i t ion fog.,
r educed char,? )
PKG = Parking Ticketc
CJB-2-7-86
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MUNICIPAL CO URT END-OF-YEAR ACTIV I TY REPORT
COMPARISON OF 1985 WITH 1984:
REVENUE SO URCE -
Overall revenue was up 19.2% ($54,030) primarily because
of the increased filin g s.
Parking fines were up 12.6% ($9,561) even though parking
filings were down somewhat . The main reason was a full
year of emissions enforcement, which carries a higher fine.
Violations Bureau fines were up 48.2% ($19,016) as a re-
sult of increased traffic filings.
Court fines were up 10.2% ($10,560) as a result of the
overall increase in non-parking cases filed.
CASES FILED -
The total filings for 1985 were up approximately 10%
compared with 1984 .
Parkin g filings were down sligh tly -1.5%. Of these
parking tickets, 3,345 we re for emissions violations -
comp ared with 867 for nine months of 1984.
Non-parking filin g s were up 30 .5 %. A total of 7,459
non-parking cases we re filed in 1985 , compared to 5,716
in 1984 .
Traffic filings increa s ed 37.7%. A total of 160 of
these we re for emissions v iolations, compared to 38
cases the previous year . Of the traffic filin gs, 300
were juveniles, compared to 226 in 1984 -an increase
of 32. 7%.
Of the remaining categories of non-parking filings,
animal violations accounted for the largest percentage
increase -up 80%.
Juveniles were cited in 48.7% (248) of the shoplifting
filings and in 25% (199) of the "other ordinance" fil-
ings. These cases represent a 38 % increase in juvenile
defendants.
VIOLATIONS BUREAU ACTIVITY -
Traffic and miscellaneous violation activity increased
by 44 .5 %. This increase is related to the increase in
traffic filings. The guilty pleas represent approxi-
mately 45% of the activity and not guilty pleas approxi-
mately 55%, for both years .
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VIOLATIONS BUREAU ACTIVITY (continued) -
Parking activity indicates a decrease of 10.8% in paid
tickets but appeals increased by 33%. Much of the in-
crease is due to the emissions ordinance.
COURT ACTIVITY -
Arraignments were up 3.2% as a result of the overall in-
crease in non-par king filings.
Court pre-trials were up 26.3% as a result of the 23.7%
increase in defendants' electing a Court trial at the
time of entering a not guilty plea.
Jury pre -trials were down 15.1% as a result of the 33.3%
decrease in defendants' electing a jury trial at the
time of enterins a not guilty plea.
Trials increased 5.9%; however, actual cases going to
trial remained about the same . In 1985, 30.5% of cases
were plea bargained or dismissed within three to five
da y s of Court trial (as compared with 23.9 % in 198 4 ).
There were five plea bargained or dismissed cases with in
three to five days of jury trial for 1985, compared to
zero the previous year.
Other Miscellaneous hearings increased 18 .7%, mostl y in
area of show cause, deferred judgment, conditional su s -
pension and penalty hearings .
OTH ER AC T IVITY -
Warrants increased 9 .7%; however, per volume of non-
parking cases filed, there was a slight decrease (2.5 %).
The Violations Bureau and Court closed 26.8% more cases
in 1985; however, there were 20.2% more cases pending
into 1986. Much of this is an accumulation of warrants,
but some of the increase is due to an increase in de-
ferred judgments.
MISCELLANEOUS -
During early 1985, we began handling juveniles charged
with shoplifting or "other ordinance" violations at a
separate time, thus allowing them an immediate pre-trial
with prosecuting attorney. This was done to alleviate
the need for the accompanying parent to appear twice,
should a pre-trial be desired .
In January , 1986, fines for both Violations Bureau and
Court were increased a range of 25 to 43 percent. This
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MISCELLA NEO US (continued) -
CJB/ jm
was necessary to remain in same penalty range as o ther
metro municipalities.
In April, we will begin utilizing the revised state
statute which allows municipal courts to report drivers
with an outstanding warrant or judgment in order to with-
hold renewal of a driver's license . This will create
more work for Court personnel, but should result in re-
solving more warrant and execution warrants. It may not
be very popular with those affected defendants who will
be required to pay an additional $30 fee (split as 1/2
to state and 1/2 to city) to remove the hold on license.
Associate Judge Richard Graham is resigning be c ause he
will be moving out of city in March . Another Associate
Judge has expressed his desire to retire soon. We will
try to get some names of qualified and interested par-
ties through Arapahoe County Bar Association March news-
letter and, hopefull y , will be recormnending some appoint-ments .
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C 0 U N C I L
DATE February 12, 1986
INITIATED BY
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C 0 M M U N I C A T I 0 N
AGENDA ITEM
I o....
SUBJECT
Six-quarte r Budget for period
January, 1986 thro ugh
June, 1987
ACT I ON PROPOSED Re sol ntion adopting the Six-quarter Bpdqet for period Januar~ 1 986
through J une, 1 9 87 to be approved by City Council.
BACKGROlJtlQ
The Publi c Inpro v enent Fund CPIF> Six-Quarter Budget proces s was
adopted in the sunn e r of 1973. The e ss ence of the Six -Qu a rt e r
Budge t i s t h a t the City ha s a c ontinuing budget whi ch extend s
0 ne-and-one -half ye a r s into lhe future. Every quarter. the City
Coun c il re uL e ws a nd ~nalv z e s lhi s budget . and if p roj ec t s are
J e lay e d d u e ta unauo1dabl~ c ircun s tanc e s, lhey are dropped bnc k
in this budget. whil e projects ready to go are noved forwa rd.
The no s t current revenue foreca s ts are u sed, and if addition l
fund s becone available, s pecific proj ec t s could be nov ed forward
a nd conpleted a head of sc hedule or a new or energency proj ect
c ould be added.
19flo CHAHGES
Ac0Ma(G 1rard Inproven e nt s -Liquidate balance in Traffi c lnprove -
nent s-Broadwa y acco unt ($18,562> and tran sfer to AconatG irard
!Mprove n e nt s to fund ins t a llat i on of traffic signal a t Aeon and
Englewood Pa rkway to facilitate two -way traffi c on South Ac ona ;
al s o for funding of con sulti n g s ervices for f eas ibility s tudy
regarding po ~sib le two -wa y tra ff ic on Gira rd ea s t of Br oadw y.
Yrha n Renewal Authoritv pro1ects -transfer of funds fron Littl e
Ory Creek Account <~1.686,34 4 ) in ord e r to conso lida te all Little
Ory Creek n onies into one accou nt--Urban Renewal Autho rity .
1 9136 AOOfTiotl S
Enqle•u,.,d R ec r~d t.1 011 Ce n ~ -tra n s fer rJf $10 5,575 fron th e fund
b3l~nce to re1nbur me Rec r ea tion Center Hcc ount for inler e~t
·~ r n 1,~1 I tiv r ec r·t~d tion center bond 5 .
gJnf!._D!:L•E l't!:!l.LlL~,;:;M e n~ 1 -tran:;fcr of :i;33 ,067 f run the f•ind
l.JJl •Jf1l ·e t 1..1 1:1Jur!r ... uJJ11 a tM ent :..1 Md..Je t.n cerla1n ... 1 JJ C ~:,Mcnl5 "l' p .1r t
of nnun I uun lnprouf'rH!ll l O L s tr i c l Ho. I 9UO -I • r;p cc L f »~wl l y.
"Odolt •[[,.,,;".:i nd "ft!,il.h••r" <Sct.llcMt!lll Hqr ecn e nt .. ·1t t 1c h t!d.>
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Jt ,!'=1.l!ole n Allemit;Jlr~fu!L Ldndsr..,filll!J -I.ran s f er of fu11d"i (:fl 't5. 7 1~0)
fron fer. i-t!C etved f or J.'35 Uunci: of rh e f1 il rk s I .O.B. Lcgcil fee s
t1H.:ur·r e d lll cu nj1n1 ct1u n \.1tlh t ~'S uJn ce uf the bond::; w1ll be
r.h a rg c d lo lh1 s dCco unl , w1th th e b a lunce u sed in s upport of the
pro ier.t tn lhe forn o f L.:indsc.:.ipinQ I.he nedi<tn d dJ a rent to t t
~ilonq II . 5 . Highway 2U5. <See l /l:l/86 n e no fron 5 usan Pow e r s
1tt.:ic h e d.)
A• of Dec. 31 , 1 985
L~ss EDDA Delinq. Asse ss.
Less Rec . Center Intere s t
~!.!.., PI r l:la lance
!KU!r!t!!..tHlfil..lllli
$153 .llO
(33.067)
($105 575)
s li > 168
lh e re s o luti o n whi c h adjusts the Public lnprovenent fund as
described a bove is attached for your consideration .
IHlach s .
SUGGESTED ACTION:
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RESOLUTION NO. ~
Series of 1986~~~-
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A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND.
WHEREAS, the City Council of the City of Englewood, Colorado,
desires to make certain changes within the Public Improvement Fund;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of
the City of Englewood, Colorado, as follows:
Section 1.
The following estimated appropriations of funds are hereby
made in the Public Improvement Fund:
Source of Funds
Fund Balance
Mark I.D.B.
Little Dry Creek
Traffic Improvements-Broadway
Application of Funds
EDDA Delinquent Assess.
Urban Renewal Auth.Projects
Hampden Median Landscaping
Recreation Center
Acoma/Girard Improvements
Section 2.
$ 138,642
75,750
1,686,344
18,562
$1,919,298
$ 33,067
1,686,344
75,750
105,575
18,562
$1,919,298
The City Manager and Director of Finance are hereby
authorized to make the above changes to the 1986 budget of the City of
Englewood .
ADOPTED AND APPROVED this d_ day of J~ ~ ~
1986.
Eugene L. Otis, Mayor
ATTEST:
ex officio City Clerk-Treasurer
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I, Gary R. Higbee, 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. ~-
Gary R. Higbee
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~ ll .... 11.ICT Lk UUl.GLT
J•n.i.•ry l ~d&J • JWMI 1'JU7
UT ... t'kOJ I ST 2NO )ltD ... TOTAL IST ""' DIV ••OJ APPhO .... .... pr>. ar• pr>. ar• AfPIO 111 .. ar• !!!!... ~ ~ ~ ~ .!.!!!! .!!!! !!!!!. .!2.!!. ~ !!!!. ~
UI St.or• Drun•'l• C.n•t•l 6.Sll ' 6,S U ' 2, 17l ' •• J )t • 0 • 0 ' 0 ' 0 • 0 • 0 • .. LU.1.l e Dry Cn•k '· 100.000 l,Ul,Oh 1,621,Hl 1,l)6,l44 & 1, S41, l4t, 100,000 100.000 200,000 I I, 1'7,l·U.I •~•.ooo ,. Tr•tuc l•prY9•t.•·lr04dvay IJS ,000 us.ooo 1'6, liO ltt,620 '18,)02) 0 0 0 111,SU, 0 .. Little Dry Creek En9r9. 1,016,000 "'· uo 781, ~6S 8,SilS 0 0 0 II Jlo.al:I •nd llnd'il• 100,000 Btt,SU 71111 ,909 t.0,679 400,000 400,000 lO IUY•I' 0.Y•lOf'Mlnl l'hA•a 11 121, JOO 195,MSO .)6.0,400 n.oo • •• Mtw•r O.v•lo1-nr. PhA•• 111 1,1ou,ooo 1,1 00,9¥£ l,O .. 'J,22:.? 1, 164 • 0 ll !01.dt=W•lk kcpdr U0,000 109,000 96,9Jft 12,Uti'4 w,ooo • S0,000 ...... " AIH•• l Cont'ral Shelter lJ,000 ll,000 )1,0 UO l,000 • • • ., INw.tln• ll•tl.lbi huuon 100,000 100,000 IOU,000 0 •• W..C•••t.ton C•nt•r •• 741,000 4 ,tlfi,000 •• 744 , 211• ..... ,.2 I OS,sn 10S,SlS " •111J<1• 11. .. , •• ,, '°· 000 lS,000 14,019 921 0 • . , IDOA 1114lktt\ru•W6t •Ld• 120.000 99,6lS 9S, 4J• 4,Jh 0 ,. U1b.1 11 .... n•••l AuUi. .. fOJ e CU 1,)00,WO S,47l, 00 ), HJ, .. 10 0
'·'·"· 144 1,Wl6, l44 0 02 c 1 .. y i u••t Dl'•in•q• J ,SOO J,400 1,9.W .,. 0 0 .. M..il l•)' i-'•r lo.1n9 Lo t. " )10,04JO )10,00U 110,741 19, 2)9 • .. """"'"" '""""'' .... oq, •• 104 , lSD 10 .. , tso ti!l, l1tt c ..... !tlbl .. b r o.od .,.ay t'•C•Oe 40 ,000 40,000 U,•b2 I , 11•
>I ...... r•1 1t n/~•nUi re Wndsc •p1ft9 100,000 • 0 0
>• f .&Vi nq D1 s lr,c t oJD 160,DOO )60,000 160, tJOO .. S pw:c1 •l Pru Jec t-En9lneer 6 0 ,000 !tS,OO!t ss .oos o.ooo • 45,000
" r.c 1l1ty l •prov• .. nts s o.ooo 0 0 0 0 • 0 •• Tr •tf&c tnqrv Ald• JS,000 24. 169 24 , 769 2',000 • 0 • 26,000
" Colt C'cM.ll'H ...... 12s,ooo llS,000 fl), 2•1 11, lll 0 • 0 • .. Ne w C:uy W..U LLbucy S11,000 19,000 19,000 0 • • • 0 .. a.tlewuw/Miller flt l•Pt 1'2,'41 l:U,641 4tl,O .. , lS,601 • • • 0
JO P•wi.n .. Duu1cc. 111 400,000 JS,000 JS, lll 9,6•7 0 400,000 • 400,000
lJ Sou.th Phtte Tull 100,000 100,000 14,S21 IS, 4 72 • • JS,000 u.ooo 0 ,. Uooolnt.own l•prove .. nt.• 220.000 0 • 0 210,000 0 • Jl0,000 H,000
Ca..11nlC•t 1on Equ.1p1Mnt 100,000 • • 100,000 • • 100,000 • S 1 nc l•u -· ••~Lr lS,000 0 0 ll,000 JS,000 • !it.o hd ..... t. !io tu.dy 10,000 0 10,000 0 10,000 • )) brt.•<lv•y/ttic l l•vt.•v Sld•W•llt 20,000 20,000 20.000 0 • • 0
P l .. y>1r L<u n<1 &,u 1.-.nt. 6U,OOO • 0 • 60,000 ...ooo • N•t1o1 r • C•nt•I' S0 ,0 00 • 0 • • 50,000 ., LIA>• l •p 1o v••1111t • 2H,OOO 21S,OOO 2ti0,SOO u.soo1 • • .. LC.LI A U.hq . A••••• ll ,Ot.l 0 • 0 JJ, Oil Jl,06} • ., h4•pJ•n /"'1JI •" W!Ml1u:;• .. U H' llJ ,000 • 0 0 7S, 1SD lS, l St.>
22 Ac '-••/C.•1 .. rd l •r · tt ,000 166,SU 11,S62 ... """' lh,.lJ U::L "' t2S,OOO 0 • OS ,000 -·---------·-----------------------· QUJH> TOT Ai.. U2,'71, l91 $19,0,1,ttt 11•,•iU.•n $1 ,)il,U•H $ 8 0 4, l'J2 $US,OOD • SlS,000 U00 ,000 U, 114, 192 $l6S,OOO I US,000 -········ -·-······ ........... . ........... ......... -····· --·-··· -····
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I Settle.ment A9reement
The Oddfellowa Duildin9 4 Investment Company
("Oddfellowi;"), Jerry Lee Feather ("Feather"), the City of
Engle1o'Ood ("City"), Kirchner, Moore ' Company (Kirchner, Moore),
end Lemm Ed&trom' Braymer, P.c. ("Lamm") hereby agree as fol-lows:
WHEREAS, the City formed the Downtown Improvement
Dilitrict No. l~B0-1 ("District") and levied special asr;essments
bgbln&t all property in the District, including the Oddfellows and Febther properties: and
A
WHEREAS, the Oddfellow& challenged th~ assessments and
. rai5ei1 other iaauea in Civil Act.ion No. BlCVl 703 ' in the Dilitrict Court. in end for Arapahoe County: end
WHEREAS, Feather crolia claimed in such civil action and al•o chall~n9ed the validity of the District.: and
WHEREAS, the District Court held, inter ulia, that:
the esr;esament ageinat the Oddfellowa was unreasonable and
e.bJse of discretion: (2) the ordinance creating the di~t.rict
the ordinance levying eaaesaments were wholly null and voici:
(J) the assessment againr;t Feather wai; reasonable; and
(l )
an
and
and
WHEREAS, the City appealed the District Court'& decision .
to the Colorado Supreme Court in Cuse No. 0351-.22, llnd l 'euthcr cruss-app~aled; and
WHEREAS, Kirchner, K:>ore appealed the District. Court.'li deciliion to the Supreme Court in Case No. 83SA51; and
h'HEREAS, Caae No. 83SA22 and Caae No. 83SA51 have been
consolidated for purposes of oral argument and decision: end
WHEREAS, the Oddfel lows, Fe ether, the City, . end
Kirchner, Moore ere the only parties who have entered appearance .. in the Supreme Court1 and
WHERE:As , each party has determined that. aettlement of thia controveray ia in its beat interest.a:
THEREFORE, i-n coneidera.tion of the mutual promi aee end
covenanta contained herein, and in the interest of avoiding
,l .f~.ther lit.igetion, •11:pen11e, &nd dEley -t.o all pa.rtiea, ·the pa.rtiea ·' .. ·.·~re• •11 ;io11ow., . ~ ... \ . '
·.·;:.~,'.!,.:·' !.··.1. :Oddfellowa &hall pey •• ite epeciel aueaament in
, ·1 COnlle:t1on with the District tt.e amount. ot '16,000, payable aa · ~: bu .. her prov1d9d ill l•ction 3 hereof. : •·,.. ~
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2. f"t:et.her i;hall pay as his speciAl ai;i:.essmcnt. in
conntct.iein 1.:it.h the Oist.rict. t.he Amount." of $8,000, payable ai:.
· hereAft.er provided in Sect.ions 3 hnd 4 hereof.~./f-° 'f.O~
ehAll bea
~;-:£4L CZ, /~ 6, 7 I
3. The ttrms of pAyment for the Oddfellows and Feather
a. Eight annual ··· inctallments of $2, 000
principcl (Oddfellow&) and $500 princip;:il
(Feat.her), plu• accrued interest. on the
un~id balance of each a&ses sment. at the
rat.e of 9.5~ ptr annum; of Feather's total
Assessment, $~,000 shall be "payable in
accordance with Section 4 hereof.
b. ~he fir&t installment shell be due January
1, 1984, and shall be payable direct.ly to
the City Tre.asurer on or before April 30,
1984.
c. Additional installment.£ shall be due and
p1;.yable aa provided in the Ci t.y' s ordi-
ncnct:a establishing the Oist.rict and
levying assessments; provided, however,
udd!ellows and/or Feather muy at ~ny time
pay the entire amount. due with int.crc:st.
thereon to the next succeeding May l.
d. lnterest on the unpaid bu lance o{ each
assessment shall be calculated from May l,
1984.
4. In the: intere1it.& of seottlement of this matt.er, a£
part of Feather's asEeu;ment, La.mm shall pey to the City, on
·behelf of Feather, the emount of $4~00C>-on or before hpril 30,
•19~~. such 61T10unt. to be deposited to the p:incipal and interest.
.fund me.int.aina:i in connection with the apecial as&es&ment bonds
:iaaued by . the City in connection with the -l>istrict, and u•e~
exclusively -for the purpoee ··of . pe.ying the --principal of anc.
"intere&t on auch bonds.
S. ·The City •hell
·CO&ta in the Diatrict Court.
COSt.6 Of appeel.
pay to the Oddfellowa $799.45 ac
All part1ee &hell pay their o•·r.
6. All of the provieione of thia Agreement are •~preea
ly conditioned on the follow1nga
e. Execution by the parties of auch •tipu-
lationa, agreement•, motion•, or affi-
davit• a& may be neceasery to diamiea with
prejudice the eppoc.ls in C..ae Noc. 03SA22
and S3SA51, and to vacate the ju~ment in
Civil AcLJon No. BlCVl703, end is•ue
ordera in accordance with the •ettl~ent
Agreement: and
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b. Issuance by the Colorado Supreme Court of
an ordt:r directing the District Court to
vacate the judgment of the District Court
in Civil Action No. BlCV1703, to vacate
all ordera iaeued by the District Court in
connection with auch civil action, and to
make auch other provision& or order& aa
may be neceaaary to vacate &uch judgment.
and to ensure that City Ordinance& No. 35,
Serie& 19&0, and No. 71, Series l'Jel, ~re
in full force and effect, ~ pro ~·
with only auch changes a& n1ay be rt:qu:i.red
by thia agreement.
Date thia 8th day of March, 1984
Freaerick A. Fendel, 111
tl04 76
Bro~dhurst ' Petrock
Attorneys for the Oddfcllows
Buildins and Investment
C mpz.ny
7 ~· /~ ~"-· ;_ ,_.,..,· .. ~? z;-.-t
i'\~rr:i.s Lubow
• 4 51 ~;_t.orhc)>'Y J~rry 1.e:c F c .:ith c:1
~~·
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R:i.ck ~tt.,
t479!.
l:it.y ht.t.Ot11C!y
Attcrney for the City of
Engle,.•ood
' {_....... -::::;/ lJ£t.t 1..tv ... ...;, · \J'Ue.-c.---
Le.mm Ed&t.rom" Braymer, .l:'.C.,
William o. La.mm
t3387
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TO: City Manager Mccown
<.-.. '~-1; • . ..:~'--:.:.~ '-'-'~ '·;~•T ., ".:Z. -.~; :~:;~~ ,:;~{ .. ~·
~ f!•-: ·:.;
FROM:
(/~·
Susan Powers, Assistant City Manager for Economic Development ()
DATE: January 8, 1986
SUBJECT: Use of 1/4 of 14 Fee from The Marks I.D.B.
Aa we discussed some time ago, the City guidelines for I.D.B. issuance
were not written for housing projects, and the maximum amount of an
I.D.B. issuance until this year was $10,000,000. The guidelines requirEc-
the payment of l /4 of 14 of the par amount of the bonds to the C:i ty as
a fee for ii;suancc. 'fhi!I ft!(! hue hecn used to cover the administrative
and legal expenses we incur to process an application. This is permissible
according to Federal regulations. According to Kutak, Rock & Campbell,
the issuing authority can charge a rt!asonable fee for this purpose, but
if the amount is clearly in excess of the expenses incurred, it is not
eligible. Our agreement with Chasewood and thEc-bond counsel is that
the fee charged (approximately $75,000) will be used in support of the
project in the form of landscaping the median adjacent to it along
U. S. 285. The legal fees would also be charged to this account.
When the checks arrived after the closing, I suggested that we set up
a P.I.F. act:ount entitled Hampden Avenue Median Landscapin&, and place
the funda in it with the understanding that any hill from Lamm, Edstrom
would be charged against it. We have a preliminary budget for the
median work and I need to make some contacts with Cherry Hills Village
and the Colorado Highway Department before the plans are finalized.
The Finance Department has requested that this be put in writing so
that we all understand how it is to be handled. If you have no problems
with this please sign below, and I will have this passed on to Finance.
Thanks.
APPROVED:
Andy
City
Date
Manag '..% Id£: I
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C 0 U N C I L C 0 M M U N I C A T I 0 N
DATE AGENDA ITEM SUBJECT
February 18, 1986 II Bi-Ci t y Beneficial Reuse Pro~ram
INITIATED BY Bi-City Supervisory Committee
ACT I ON PROPOSED To approve the agreement between Lowell Piland and the Bi-City
Wastewater Treatment Plant, dated January 27 , 1986, and executed on behalf of the
Bi-Cit Was ewate ea ment Plan b
for fifty per cent (50%) of the option payment required in that a~reement, not to
exceed $10,000 o n behalf of the City of En~lewood.
Please s ee attached back~ro und material .
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BACKGROUND
The Cities are developing a revised Sludge Management Program to realize
the benefits of centrifuge dewatering equipment which was purchased recently
from the City of New York. Centrifugation will yield a sixfold decrease in
the amount of sludge to be hauled, thereby reducinp the transportation costs
significantly.
In the new proizram, the "thickened" sludge will be hauled in trailers to
a proposed drying area in Arapahoe County, dried to a topsoil-like consistency
and applied to the land by use of a manure spreader . A total of 650 acres of
wheat farmland will be needed the first year of application at a safe level
of 5 dry tons per acre/per year.
The Cities are proposing to purchase approximately 960 acres of farmland
from Mr. Lowell Piland, a farmer and land owner near Eennett, Colorado. This
land will serve as a receiving/drying area as well as for dried application,
as the Cities intend to continue farming the land on a tenant/farmer basis.
In addition, the topsoil-like product will be made available for use by neigh-
boring farms in the future.
The Englewood and Littleton City Councils met iointly and approved the
proposed sludge management plan and further approvecl the proposed op tion cou-
trac t as the first step in the implementation of the plan. Littleton signed
the agreement with Mr. Piland and $7,000 was pai~ to secure the contract ,
dated January 27, 1986. Englewood must pass an ordinance to authorize the
City's participation in this agreement.
The staff was directed to proceed with consultant selection and permit
acquisition from the numerous agencies that must issue permits. This process
started immediately after the meeting which was helcl with the Arapahoe County
Commissioners at which the contract was signed. The County Commissioners
indicated a land-use permit was required and that application could be made
on February 24, 1986 which would be heard by the Planning Commission April 15,
1986. If tentative approval is indicated at that nee ting, the Cities would
proceed with payment of the additional $13,000 to extencl the option for an
additional three months.
Financial
The City of Englewood 's share will be 50 per cent of $7,000 immediately
and 50 per c ent of $13,000 should the Cities exercise the second option for
a total of $10,000 for the City of Englewood's participation. These land
a c quisition costs have been budgeted and there are aclequa te funds in the sewer
account to acquire the land and complete the Beneficial Reuse Program. The
total land cost will be $672,000 less any payments fnr the above-mentioned
options.
Recommendations
To approve the agreement between Lowell Piland and the Bi-City Wastewater
Treatment Plant, dated January 27, 1986, and executed on behalf of the Bi-City
Wastewater Treatment Plant by the City of Littleton and to authorize payment
for fifty per cent of the option payment required in that agreement, not to
exceed $10,000 on behalf of the City of Englewoo<l .
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ORDINA.l.Cl:: NO.
SERIES OP 19B_G_
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DY AIJrHORITY
A BILL FOR
COUN:IL BILL NO. 18
IITTROD~Y CQUtCIL
MFMBER ~./
AN ORDINANCE APPROVI~ THE AGREF11ENT BE'IWEEN THE CITY OF LITTLEl'ON,
ON BEHALF OF THE BI-CITY WAST™ATER TREA™ENT PIAITT, AND LO.-JELL
PILAND.
WHEREAS, the City of Littleton has executed an agreenent on
behalf of the Bi-City Wastewater Treatment Plant with Lowell Piland
for the purchase of certain real property located in Arapahoe
County, Colorado; and
WHEREAS, the City of Englewood desires to participate in this
option to purchase with the City of Littleton and to pay fifty
percent of the purchase price for the real property on behalf of
the Bi-City Wastewater Treatment Plant;
Na-l, THEREFORE, BE IT ORJ:Yl.INED BY THE CITY COUtCIL OF THE
CITY OF ENGL™OOD, COLORADO, AS FOLimS:
Section 1. 'Ille l!greenent between the City of Littleton and
Lowell Piland on behalf of the Bi-City Wastewater Treatment Plant
is hereby approved. A copy of that l!greenent is attached hereto
and incorporated herein by reference.
Section 2. Payment by the City of Englewood of one-half
the total option costs of $20,000 is hereby approved.
Introdoc:ed, read in full, and passed on first reading on the
18th day of February, 1986.
Published as a Bill for an Ordinance on the 19th day of
February, 1986.
Attest:
Eugene L. Otis, Mayor
ex officio City Clerk-Treasurer
I, Giry 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 a Bill for an Ordinance,
introdoc:ed, read in full, and passed on first reading on the 18th
day of February, 1986.
Gary R. Higbe e
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DAVID W . R O BBl1'19
ROBl!RT ... HIU..
DEMOS H . HOHTOOMl!:RY
KAftE.N A. TOMB
9089£.BJ.MUSORAVE
RONALD L. WILCOX
J . KllMPBR WIU..
orco.-a..
Mr. Lowell Piland
Route 1, Box 4
Bennett, CO 80102
Dear Lowell:
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HILL & ROBB INS
AITORNEY!!I AT L.AW
I 00 OLA.KE STREET B U I LOI NO
1441 l!:IOKrel!HTH STREET
DENVER. COLORADO eoaoa
January 28, 1986
Re: Englewood/Littleton Option
Agreement
TY.:lZPHONI!
0 03 IH-8100
TELZC OPll!R
&03 IH•IOH
I am writing to thank you most sincerely for your
assistance in Englewood and Littleton's efforts to establish
a sewage sludge reuse facility in eastern Arapahoe County.
We appreciate your willingness to give the Cities an option
and your cooperative attitude, which we hope you feel is
reciprocated.
Attached hereto please find a copy of the fully
executed option agreement. As you could tell from the
conversation at the close of our meeting with the County
Commissioners, the two Cities intend to proceed vigorously
to secure the appropriate approvals and I am hopeful that we
can accomplish it well within your timeframes. We will keep
you informed of our activities in that regard.
I also want to thank you on behalf of Andy Mccown and
Gale Christy, Stu Fonda, and Bill Owen for your partici-
pation and tremendous assistance in presenting this matter
to the County Commissioners. Your extremely articulate
explanation to the Commissioners was of great assistance. I
look forward to working with you in the future, and remain
DWR:ncr
Enclos~
cc: i/"Stu Fonda
Bill Owen
David W. Robbins
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AGREDlEH'f
'rHIS AGREF.MEliT is entered into this 21~day of January,
1986, between the Cl'IY OF LI'l'ILE'l'ON, ON BEHALF OF· 'Ifft. Bl-Cl'I-Y
WASTEWA'IER 'l·REA'IMEN'I PLAN'l (hereinafter "Purchaser") and
LOWELL PILAND, AN INDIVIDUAL (hereinafter "Seller").
WHEREAS, Seller owns certain real property located in
Arapahoe County, Colorado; and
WHEREAS, Seller desires to sell that certain real
property, together with all associated water and mineral
rights, to Purchaser; and
WHEREAS, Seller understands that Purchaser intends to
assign a one-half interest in this Agreement and the subject
real property to the City of Englewood; and
WHEREAS, Seller understands that Purchaser intends to
use the subject property tor the treatment and disposal ot
sewage sludge derived from the Bi-City Wastewater 'lreatment
Plant; and
WHEREAS, Seller understands that in order for Purchaser
to successfully operate the proposed sludge facility on the
property, it will be necessary to obtain various permits and
approvals; and
WHEREAS, Seller is willing to grant Purchaser an option
to purchase the real property on the terms and conditions set
forth herein;
HOW, THEREFORE, in consideration of the promises and
covenants herein, and the purchase price set forth, and 1or
other good and valuable consideration, Purchaser and Seller
agree as iollows:
1. 'lhe real property which the Seller proposes to
sell is described on Exhibit "A" hereto and incorporated
herein by this reference (hereinafter ref erred to as the
"Property").
2. Purchase Price. lf the option herein set forth
is exercised, the total purchase price for the Property is
agreed to be Six Hundred Seventy-'lwo 'lhousand Dollars
($672,000.00). 'lhe purchase price shall be payable as
follows: Upon execution of this Agreement, Purchaser shall
pay to Seller the sum of Seven 'lbousand Dollars ($7,000.00) as
an option payment. Subject to the provisions of paragr aph 3
hereof, the balance of the purchase price will be pai d at
Closing, it the option described herein is exercised. Said
balance of the purchase price will be paid in a form mutually
acceptable to Purchaser and Seller .
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3. Q_etion. Seller hereby grants to Purchaser an
option to purchase the Property. 'Ine term of the option shall
be for three (3) months from the execution hereof. ~he price
of the opt ion shal 1 be Seven 'I'housand Dollars ( $ 7, 000. 00)
payable on execution hereof which shall be deducted trom the
purchase price. 'Ihe parties agree that Purchaser shall seek
to obtain the necessary approvals in order to utilize the
Property for the purpose of sewage sludge treatment and dis-
posal and that Seller shall have no obligation in this regard.
If, after three (3) months, Purchaser has been unable to
obtain the required.permits and approvals, Purchaser, at its
sole discretion, may extend the term of the option tor an
additional three (~) months by giving Seller written notice of
its intent to extend prior to the close of the initial option
period and by tendering to Seller an additional cption payment
of Thirteen 'Ihousand Dollars ($13,000.00) which shall be
deducted from the purchase price. All option payments made
hereunder shall be credited against the purchase price.
4. 'Iitle Commitment. Seller shall provide to
Purchaser a title commitment for the Property, including any
water rights appurtenant thereto and all minerals owned by
Seller, together with photocopies of those documents referred
to in Schedule B of the Commitment, showing title to the
Property to be in Seller, and committing to insure title to
the Property subject only to Permitted Exceptions. At
Closing, Se~ler shall, at Seller's expense, direct the title
company to endorse its commitment to the day and time of
Closing and shall direct the title company to issue to
Purchaser, at Closing or as soon as possible after Closing,
the title company's AL'IA standard form B owner's title
insurance policy insuring title to the Property to be in
Purchaser.
5. lmprovements. 'Ihe purchase price set forth
above shall include all improvements currently located on the
Property except the grain bins which Seller shall retain.
Seller agrees to move the grain bins off the Property, at no
cost to Purchaser, within 120 days atter Closing.
6. Crops. 5eller shall retain all right, title,
and interest in the crops currently planted and growing on the
Property (1~85-6 crop). Purchaser obtains no interest in said
crops by the terms hereof. Seller shall be obligated to
harvest said crops in a workmanlike manner at no cost to
Purchaser and to hold Purchaser harmless from any and all
claims resulting from tl1e cultivation and harvest of said
crops. 'I~e parties agree that the crop to be planted in 1986
(1S66-7 crop) and in any subsequent years shall be planted,
cared for, and harvested by Seller at Seller's sole cost and
that any proceeds from the sale of said crop shall be divided
between the parties in the following manner: One-third (1/3 )
of the proceeds will be paid to Purchaser and two-thirds (2/3)
of the proceeds will be paid to Seller. Seller agrees to be
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bound b y all of the obligations and responsibil i ties ot a
lessee as contemplated by the provisions ot Exhibit B hereto.
Seller agrees to plant crops, in 1 9 86 and subsequent years,
only on land approved by Purchaser so as not to interfere with
Purchaser's use of the Property as contemplated by this
Agreement. ln the event Purchaser disrupts or destroys all or
a part ot Seller's crop in constructing its facilities,
Purchaser will reimburse Seller for up to two-thirds of the
then market value of the crop destroyed.
If Purchaser exercises its option, the parties agree
that Seller shall be entitled to lease the Property for agri-
cultural purposes until September 1, 1991, pursuant to the
terms of the lease attached hereto as Exhibit "B," which lease
shall be executed at Closing. Purchaser also agrees to nego-
tiate with Seller for extensions to the lease attached as
Exhibit "B" but reserves the right to negotiate with persons
other than Seller !ox the cultivation of the Property at its
discretion.
Sel ler agrees to keep businesslike records of all
expenses incurred for planting, tending and harvesting t he
crops herein contemplated and to keep production records on
the quantity of crops produced and the value received for
crops sold. Said records shall be maintained in accordance
with standard accounting practices and shall be made available
to Purchaser tor inspection and/or audit.
7 . Eftective Date. For purposes of this Agreement,
all time limits and cond1t1ons shall run from the execution
hereof.
8. Exercise and Closing . Pur c haser shall exercise
this option by g i ving Seller written notice of its intent to
purchase in the manner prescribed in paragraph 12 hereof.
Closing on the Property shall occur within thirty (3 0) days
af ter the date of mailing of the not ice o t Purchaser's exer-
ci se ot the opt i on here i n granted at a d ate and t i me spe cifie d
by Purchase r . Closing s h all occur at the otfices of Pu r c h a s er
located at 290 0 So u t h Pla tt e Ri v er Drive, Englewood, Colorado.
9. Form of De e d. lhe Seller warrants that the
Property sha11-oe---coriveyed free and clear of any liens and
encumbrances and ag rees to provide the Purchaser with a
general warranty deed at Closing in the fora attached hereto
as Exhibit "C."
10. Succ e ssors and Assigns . Al 1 provisions hereof
shall inure to the b en efi t of and be binding upon the succes-
sors and assigns of the Seller and Purchaser.
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11. Venue. In the event it is necessary to commence
any legal proceedings for the enforcement of this Agreement,
or any provision hereof, the parties agree that the District
Court of Arapahoe County, Colorado, is the proper and
exclusive venue for such action.
12. Notice. Whenever any notice, demand or request
is required or permitted under this Agreement, such notice,
demand or request shall be in writing and shall be deemed to
have been properly given or served when delivered in person,
or upon the deposit .thereof in the United States mail, postage
prepaid, sent certified or registered mail with return receipt
requested to the following:
If to Purchaser:
If to Seller:
Mr. Gale Christy
City Manager
City of Littleton
2255 West Berry Avenue
Littleton, Colorado 80165
Mr. Lowell Piland
Route 1, box 4
Bennett, Colorado 80102
13. Patient of Brokerage Commissions. 'Ihe parties
agree and acknow~dge that no real estate agent or broker has
been utilized or has effectuated this transaction and that no
fees to any such agent or broker shall be due from Purchaser.
14. Complete Agreement. ~his Agreement supercedes
any and all prior agreements, written and oral, between
Seller and Purchaser, and contains the entire and complete
agreement between the parties.
4
"PURCHASER"
CITY OF Lin'LE'roN
BY:~~·~
'I i tle : G'-if..~
Date : ;r;.., ~J i#6
I
"SELLER "
LOW ELL P I LAND
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EXBIBI'I "A"
TO OPTION AGREEMENT BETWEEN
LOWELL PILAND AND THE CITY OF LITTLETON
Legal Description
That property ·described generally as the Sl/2 Section
23, SWl/4 Section 24, Wl/2, Wl/2 El/2 Section 25,
Township S South, Range 63 West, 6th P.H., containing
960 acres more or leas located in Arapahoe County,
Colorado.
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THIS ARTI CLEOfAGREEMENT,N.-•-"•"i.rH1"1•ltr •Mb«•"" the Cttfes pf Engl ewood and
w..JU-J..c.<.llll _______________________ ,.nretU1•nre1.,.n.Ll:S90ll.•M
,.rt, .ru..-ci ,..,,, Lt:.&111:1 .• ,, __ ., lh•t ti~• ..... 1*11rel'the nnot ,.,., ti. .. u ...... , i.ue1111111l.9 •Uil ... "reftM _... ,."'°'' t•IM-11,14e11tt1Mll
""'"'i•at1t11 a1 .. 1 .. u,.c.u111r•' Arapaho alMllui..t~Cun~lnwr~•~d~o~---------
Th•t tract of land described •• the S 1/2 Section 23 ·
the SW 1/4 Section 24; tht W 1/2 and W 1/2 E 1/2 Scctipn 25.
all in Township 5 Spytb. Range 63 Wen. 6th PH Arapahoe
'2..u.n.ty Colo r ado containing 960 acre• more o r lc11.
l"l'fth•r •kh altio..IW111 .... "4i•,......111•11lt •01IMH_, .. ~"' ........ ..,.ft .. _1_ ... ,, ... ,h.w"".r fiv e (5) ,.,,.,.a_ !I
... _,,,,1 ..,1.,, "'''' September 1'-8JL.....ii....ion1 _thfrty-firsr (31) "'''' J
-Au&Wi 11....2..l._auh• ,...u1....o.ne -rhird Cl /3) of rhe ,
r.os~s from the aalc pf 1ny cro ps groliD
n.au..iu .. 111M~•.,••l•••rM,M th.eHu1a rM.u t.i1aw .. 11pon sale pf t he corp hut no Jeter than
Hayemher 315 t 1987 and on pr h1fpr1 Noyembpr 3 1 st of eac h s11 cc ppding year
AMll1h1t••"",.,,rit.flh1tftrMJ1ll r\llllloat t lwfallew"'1',_,..,.,iea,t••il ____ _.,.,...__ ___________ _
n.e ••1":."'r'!~:!::!;~-;~~~~1::9it' ~·,:.•l:~':;::.llb 111a 11,..,, a ll l•Mll• "'*' .,. .. JIN•I--111 la 1t11t u ,..,141 •r•M,1t •1t1 tl111M1
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,,.. n.at-.b.e..-.... u -.. 11. _...,., .. ..-.,i.t. .. rwh"•"llh ..w ,,..,1_ •K-t llM •nti..a. ~-1., Ill• ..,14 ,.,,, e1 Ill•""" 11.,, 11•-r l.
,....,., th• ,....11r •'a fM'f•1111 ... af .ll-.b.1a._nsti1a 11.,._,., br .. 1,,., •• , ...... i.. .... .i. u.. .i.a-"" M l4 ,.,,, '''h• r;,..1 pa n.
... 11 i.::: th!"~t~·~:i:.i:~"~:-:.1~~.~~:'U!;~':"..:~~~'::'~i:"t·.~ =~t~ z.:i.:·:~~;r;:~·:.,,, •fth• ""''put tl•-tl.
1~a t___h.t___ •1U •,..wt •h•..tir .,. M ao.u·•--1Nl ljl1r1 .. M•r .._ ,,. •• 1 ... 1M, that_.-iU "Ill••-•• ... , i lia• 1nr tothitr panofl ,,.,._.,,.......,.,.....,._ • .,,,,,.,.,_..,, .. ,,....,,....,,hniblMl'J ,••-ret u..1.,.........,blat •"'•h'Mll .
.,..,,:: ... ~==~~•h..-1,.,11,..::::1:r .. ~it:..:::0i.ttre1::..~r:':i1~.:".:.~~:::::';!!: II .. ,.,,, .... 1'1ft. lh•• .. ,.h ... ofUl l• LHM.o U 41Wlwt Mlansln,or .,....,,o ... ~ ... IOU.. ......... " ... lat14
tih. n.al-11L_w11l -Do""' "oMfla .ir !"Ill In .,... lil'ftlll ._ ..,,,. rrap11 th•t wilt h •~• 111 ..... n r ••111
'::~:! ~t,.!:J' ... r c'n:!!f ,~11?1~.nr• J111" .. -:: ""'
1111~·:'.~~~11~{11•a r1-i.e.llt-• "'" ,atwl 1ak10-..P M-4 "'"'·,-:,'.~h.r,~'; :==:~:-..::i~·;!:s..':'.:'~ ;:i.r:L~~~;:,-::,...~·~,~a::~·:,~~=~·:::=:;.!::!: ~.:r::~~~~ ==··..-•"•"•"'1.10
Tth n..1~.Ui.t ... ffl .. ,... .... i....,,,,_, .. ,o.u .. ,. ........ ~ _ _.,.....,='8-----------
Ith Tha t a t lh• up.ra 1 ~11 or 1hl1 LitaM, u ""'" • l>rt•t-h '' tlw ••wl p,1 r11 of th t H nt14 pa rt •I •t1r •I tho ""•"•flU h •rtl" ""'
IMa..-L..._...h&----.1. ••U..111 hi.,.,_, -lei •f H J 1ml4,•11t1 .,... ..,,,.,...., lh• ,......_ alwl 1a11,.e.t1cr .r.....i ,,.,., .. , "'•• ..... or•Mihtleft .. t aN tlo l
_...,.. ... ,.,,.,_.,,a_..~.,,u,...,.;n,.,..1 1
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10.h 11 ;,r11nhor .. ,.... that L111tt shall cu ltivate around any st r 11c t11
!.adl.1.tie• con1tructed by Leaso r and shal 1 n o r 1mp_A.i.L.Le.s.s..a.c.s__o p_~~=---
pf slud ae drytna and trea tment fac.illty p f t h e aubJecr pr np.e_r.t ¥------
11111 Tt.at e U ... ,._,,,..... ,.n,111i.. _...,.Pit,, .11.11-...-4.,. ..... r •i11>i. .. ,.,,, h" ,.m,.11.-.it.f 1ol4 L.• .... •,hl ••~ "' ••'4 ""'"''""
!;':'.;!.~)~~~~.,J ,'Ti',~~.'!~.:::;::_":!':.~-OM la w 10 t.n~lt -... --. ••111..-... ,_,, pa rtr al llw .... ....., pitrl ..,. ... la .,., t ru-at:ko
ltlh It It'"".,., .. .....i 1hat on U•thtla"4 ..._"...,..ht••'" .... 111 .. ,.. ... ...,.. to en.ih .r """"' f•t II ....9.2-uiot lltr!anl •r b.ir•• 1hallh1 ~e 11t .. rwl'1
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13 . -1 L ls further 11nde _u..t.ood.a.n..d__agued-t.hALt.he...p&L..t.J....Af....t.h ~t...parL r.e.se.r.Yes the
t.ht....c..1ght_t__~ tbJ..a....l.a..aa-1.n....i.t.a...aa.le.A.Ul cr::ert on Sbo 111d setd L.i.r:st..p.arc.y P.lL.ct
t a..ue.r.c.ia_ei.t.&....tlght of cancellar1on..-1.Lmuat...d.o....sn 1n wr1rfng..a..Lle.ast si.xt.y (.60 )days
pr.inc..t.o t.he ann1yprsal'...J--dA.t.a-.h.e.u.of. n.....whJLh...&lfenLLhJ.a-le.ase..shall he. terminat e.d
e!!ec.tiv .on....t.bLA.nni..v.~t..e..And...Ae.ithe.r._ parcy...will .bL._e.n_t.1.t.le.d to Lur.t.her
g~Jf.~1t:t~~~£.~rt~~t~l,.~JJ?t~:~~oa1:::..~~::.~~:~LI-oJ:-&ny ~ayment tt due-and .. , ---"
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WARRANTY DEED
THIS DEED , M8dt tt111 .19 86 .
bet~ Lowell Piland
""" Councyof Arapahoe .s~oCCobwJo .panlm\l)and
The City of Littleton and the City of Englewood
acting thorough the Bi-City Wastewater Plant
whotc!C'&al9ddttui1
2900 South Platte River Drive, Englewood
or1hc Coun1yof Arapahoe .Suaw:ofColorlllJo .1~1 ):
WITN£SSE11t,Thllftlf"llllO'(.,,,forMdlllcOMMknoonoru.1umorSix hundred seventy two thousand
($672,0001 DOU.Alls.
1tw1tte1p11 lfldMitfflcincyofwt.lch11~.di:-kdftd , hi I aramcd .tir.rplfttd, M>kSandcon¥e)ed ,andbylhc:wf"'tW'M&dn e S lfMI.
bwJ•tn. Mii, con~. Md COftfinn , imto die lf'9'MCC{I}, the i C bun and au11n1 f~. all the IHI ptOptn)'. ~ w1da l~fM'MI ,
1fa11y.1nuau:,ly1q.citc.•ns••rhc Couniyof Arapahoe .S1MtotC«*Jndo.
ck.rnbe.d • Wk!wi.
That tract of land described as the S 1/2 Section 23;
the SW 1/4 Section 241 the W 1/2 and W 1/2 E 1/2 Section
2 5, all in Township S South, Range 63 West, 6th PM. Arapahoe
County Colorado containing 960 acres more or less.
TOGETHER with 111 ud Ml'llllllf rht hned•WMN' and ~~' 1herc1n bclon11n1 . « 111 .. yw1w appen11n1n1. 11'd the ~RIOfl and
~~.on,, rcm11ndtt Md rcma1ndcn, l'tflll. "'WH and pnifiu thcrcllf, ind •ll the n111k , 1111h1 , 111k, •Mt~. cl11m ind Ucnwid ""tu1llil"C¥Cr of tht
·~'°"').tither 1n , .... nr ~II)'. of", 1• -1 W> IM*"" W1111'11!:il (WAii~•. ""l'" lht hcttdlllmtflb ind •rPUl1CMN.:t'
TO HAY[ ANO TO HOLD 1hr MJd prtmu;c•~ bar&lln«l •nd dito.("f1hN ""1111 lht •Jlfl'lf1tfl,;IMCi , 11ntu tht 1r11nkfllL their he1n•ftd
IHllR'~ Andlhrlf'IMOrh).b' him •If, his hctn.•nilrcn..111•!~pm.cnt1hYO ,dreS "~IWIC .lflM bw11111 ind
~1.oand•t11\lht~•L theirhtn.wt1011"'.Mlll1he11nwuf1htc:t1..r:11!1111•11tl1wcryof1hcwptt..r:nb , he is ~u
tetted of the pttmlM'-• iblM '""'WJ"d, 1\.1 8 loud 'Utt pictftd lb<oOIWIC 11.W ll"kfcil~tbk c-.l.ilt' nf 1nhcrlll1nr;'C 111 1-, 11'1 ftt •lmpk 1..J
hi & Joodn1tM .fullpuoi.aiUIJM1t .. ontyto1rM1 tt.t111u1 .,..11-.icut1..q'iiw~lflmilnnct11llilklnna.llolt~'"MJ ,ilftdthlll1ht ... nwm1rtt
.nd cka1 rrum all ron-ll'ld a.htr 1r111t1i , Wp1t1•. Milt~. hem,""'' ~hmtl'lli , tft('Ymlwlll'ln:•, !Mid rotnctMlfl• of •ll11k¥rt .. ind"' n11111~ ..ocwr.
C.ICCpt
The 1r11r.11irt'l 'tu1ll and will V.'/t.RRANT ANO FOMEVER l>ttl:.ND1ht :ati.M ·~1•1nnt ptt111t1oCi 111thtqutct 11nd rurubk f"-"'\C'-10nnf1ht
1r.inltth). their h1thtm.lftdn.i1m.1p11b11UIJ'lclC'Wf)ptn.o.-ur ptnor"l•""fu1lycl.11m1n11ht .,..ht,le 11fllft)',.,,lho:-l'Nf
IN WITNESS Wl!EJU:.OF, the ar.niorbl hotS u«ukd tht• dttd on tht il.i1e wt funll .ib.l\'C
STAT[ OF COLOM \00
Cauncyo(
Tht fol't'1u1n1 l1111Nmtll4 WM IC .. nowltdttJ btft.wt mt tl\1~ ..,.
l ''. '"=~""'"~" ·<:=":::':::""'=' ============
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EXHIBIT
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LITTLETON/ENGLEWOOD Bl-CITY WWTP
SLUDGE REUSE PROGRAM
Presented to
The Cities of Littleton and Englewood , Colorado
and Arapahoe County
January , 19 8 6
OWEN ENGINEERING & MANAGEMENT CONSULTANTS, INC. I !h.V~'------
P.o . Bo• 211 •11 3836 Toronto R..-d
Oen .. r, Colorado 80227 Cameron Parl<. Calltornoa 1156112
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LI'l'f'Ln'am/ml;LJllOOD BI-CITr tlll'l'P
SUIDGB UDSB P110GRA11
INTRODUCTION
Scope
Sludqe Reuse Proqram
R!lGULl'.TORY REQUIREMENTS
ftBLB OP UWi&IS
Title
Colorado Depart.lllent of Health Requlations
Reuse Product Classification
PUBLIC INFORMATION
SLUDGE DRYING PROCESS
TRl'.NSPORTl'.TION
SCHEDULE OF EVENTS
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This report describes a proposed new sludqe reuse proqram for the
Littleton/Enqlewood Bi-City Wastewater Treatment Plant (WWTP). This
proqram will incorporate dewaterinq, dryinq and beneficial reuse of sludqe
on agricultural land in Arapahoe County which is located 30 miles east of
Denver and 10 miles south of Bennett.
The program is based on the beneficial use of the sludqe product
as fertilizer and soil conditioner. The qeneral goal will be to provide
for an aesthetic reuse program on farmland without creating a public
nuisance. The material will be processed on site to a topsoil-like
consistency, which is relatively odor free, prior to reuse. The project
has been designed to reduce transportation and handling requirements by
removing as much water at the wastewater treatment plant as feasibly
possible in order to ensure a long-term, cost-effective and reliable
program.
The conceptual design described herein outlines transportation
routes, storage and drying area requirements, containment requirements,
drainage, general layout, and operation of the site. The program has been
designed to handle all of the sludge from the Bi-City WWTP for the
foreseeable future.
Sludqe ~ Proqru
Sludge is a term used to desiqnate the pollutant solids re•oved
from wastewater in the wastewater treatment plant. The initial product
generated at the wastewater treatment plant is •ostly water (97 per cent
water) in a liquid fon11, and is compriaed largely of microorganisms used in
wastewater treatment. Currently, all waste sludge at the Bi-City WWTP is
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hauled for reuse as this liquid product to wheat farmland in Adams County.
However, the Cities are developinq a revised sludqe reuse proqram to
realize the benefits of centrifuqe dewaterinq equipment which was purchased
recently from the City of New York. In the new proqraa, larqe centrifuqes
will be used to remove more water at the Bi-City WWTP, thereby reducinq
transportation and handlinq requirements siqnificantly. Centrifuqation
will yield a six-fold decrease in the amount of sludqe to be hauled,
creatinq a •toothpaste-like• consistency product which is relatively easily
handled.
In the proposed new proqram, sludqe will be hauled in trailers to
a dryinq area in Arapahoe County and placed in one-foot thick layers to
facilitate solar and air dryinq. After dryinq, the product will contain
only 15 to 30 percent water and will take on a rich topsoil-like
consistency. It will then be ready for storaqe in windrows or direct
application to aqricultural land. Distribution of this material on the
land will be by use of a manure spreader, which is a conventional, low-cost
farm implement.
The proposed sludqe reuse proqram is based on reuse of 3,250 dry
tons of sludge per year. A total of 650 acres of wheat farmland will be
needed the first year for application of dried product at a safe level of
five dry ton per acre per year. The Cities are proposinq to purchase
approximately 960 acres of farmland from Mr. Lowell Piland, a landowner and
wheat farmer nedr Bennett, Colorado. This land will serve as a
receivinq/dryinq area as well as for direct application, as the Cities
intend to continue farminq the land on a tenant-farmer basis. In addition,
the topsoil-like product will be made available for use by neiqhborinq
farms in the future.
In order to better understand the beneficial and potential
adverse impacts of sludqe reuse, the Cities of Littleton and Enqlewood
contracted a special study by Colorado State University (CSU), Department
of Aqronomy. A major purpose of this study, as outlined in the attached
technical report 85-6, "Application of Liquid Anaerobically Diqested Sewaqe
Sludqe to Dryland Wheat,• May 1985, was to verify that sludqe can be used
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as a viable fertilizer and soil conditioner without creating harmful
effects to health and the environment, Key results of the investigation
were as follows:
1. Sludge can be applied at the rate of three to six dry ton per
acre to land with positive agricultural benefits and without
creating any adverse health or environaental conditions.
2. 'ftte special sludge amended plots enhanced the protein content
of the wheat grain as compared to those plots using
commercial fertilizer. Higher protein adds value to the
grain.
3. Sludge served as a good source of certain plant nutrients
without causing hazardous concentrations of metals in plants,
4. Sludge from the Bi-City WWTP is unusually high in nitrogen
concentration (the major nutrient in co111111ercial fertilizer)
while phosphorus and potassium concentrations were typical of
other sludges in the United States.
s. All metals of potential concern (copper, zinc, nickel, lead
and cadmium) were well below levels at which the Colorado
Department of Health requires a special use permit for land
application.
6. Sludge applied at the rate of 18 dry ton per acre increased
moisture retention at field capacity (ideal moisture
condit i ons for plant growth) by approximately two percentage
poi nts which is equivalent to 0.2 inch of water per foot of
soil,
Reuse and disposal of sludge i1 regulated by State of Colorado
Department of Health (COH) and the County health authorities,
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Colorado Department of~ Recjulationa
Colorado Department of Health (CDH) requlation, "Domestic Sewaqe
Sludqe Requlations,• to be effective Auqust 1, 1986, •onitors and controls
beneficial 'reuse of sludqe in Colorado. Under this program, the sludge
producer •ust sub•it a Letter of Intent to CDH, and to the Tri-County
Health Departaent reqardinq the proposed application prograa at least 30
days before COlllllencing reuse operations.
An operating permit is not required, but CDH will review the
Letter of Intent for compliance with requlations. If CDH deems the
producer is not in compliance, a written notice will be presented to both
the producer and user of the sludge, and reuse operations must cease.
Operations can resume on the subject site after the problem has been
resolved. The qeneral intent of this program is to assure sludge programs
are designed and managed in a manner that adequately protects surface and
qroundwater resources, the public health, and which avoids nuisance and
odor problems.
CDH classifies sludqe according to metal content, thereby
defining appropriate product use. Based on a recent six-month history of
sludge analyses at the Bi-City WWTP, the Littleton/Englewood sludge will be
classified as a Grade II sludge, which means the product is acceptable for
unrestricted reuse on agricultural land. Furthermore, it is important to
note the cadmilD!I content of the Bi-City WWTP sludge is unusually low, since
cadmium is the metal of particular concern in sludge reuse proqrams. The
extremely high quality of this product is not surprising since the
Littleton/Enqlewood service district is a residential area in southwest
Denver with little siqnificant input from heavy industry. The Bi-City WWTP
sludge is truly a manure-like product.
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PUBLIC DIPORJIATIO.
A principal qoal of the Bi-City WWTP sludqe reuse proqram will be
to keep the State, County health authorities, and neiqhborinq citizens and
farmers well informed on proqram plans and implementation. Information
will be provided reqardinq the proposed plan, aesthetic aspects of the
sludqe application, safety, and environmental concerns in the sludge dryinq
and reuse area. Concerned parties will be kept well infonaed by frequently
reportinq the methods used for transportation, sludqe dryinq, land
application and site monitorinq to ensure that health, safety, and
env iro nmental requirements follow qood manaqement practice and are in full
c0111pliance with the law.
SLODGB DRYIWG PROCBSS
The dewatered product hauled from the Bi -City WWTP will be placed
in one-to two-foot thick windrows to facilitate wind and solar dryinq. To
hasten the evaporation process, a hydrostatic auqer system (similar to a
rototiller) will be used to mix the sludqe perhaps twice per week dur i nq
the dryinq season (April throuqh November).
The preliminary design calls for construction of a
receiving/storaqe area comprised of a 10.7-acre dryinq area, 1.8-acre dry
storaqe area, and a 9-acre evaporation pond as shown in Fiqure 1 . 'nle
desiqn is based on t ypical evaporation data and maximua annual rainfall for
the area as provided by the u. s. Weather Bu reau . Here the product water
content will be reduced from 72 percent to 30 percent. As sludqe arrives
at the site it will be unloaded onto the dryinq area in one-foot thick
windrows by approximately 20 feet wide. Placinq sludqe immediately onto
the dryinq area will eliminate wet storaqe and extra handlinq requirements.
When the sludqe moisture content is less than 30 per cent (i.e., a pottinq-
soil-like consistency), it will be moved to the dry etoraqe area and placed
in windrows six feet hiqh. The product will now be ready for land
application with a •anure apreader, at the far.er'• convenience.
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-: :--PAVED ~D FROM COOi.JN ROAD •42.
.J zooiifURIJARDIJIJD AREA .
' Q-eat•tP 81.tG B ·-l-J
"' P'r<t!JG ARl?A EVAPol<ATIQ!,J EQb!D "' 10.1 AC~ ~-0 ACRl:'S "' ~
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[ 750' I ??O' J 1~·
Figure 1. Schematic diagram of the proposed receiving/drying area.
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The conceptual plan provides sufficient area to accommodate all
the sludge produced each year from the Bi-City WWTP. The 9-acre
evaporation area is designed to contain and evaporate all precipitation
that lands on the storage/drying site and all areas will be constructed
with impervious liner material to assure there will be no contamination of
ground-or surface waters. Groundwater •onitoring wells will be
strategically located to assure caapliance with this plan.
Two routes have been selected for the transportation of product
to the proposed drying/storage site. The pri•ary route will be north on I-
25, east on I-70, and south on the Bennett/Kiowa Road to the Lowell Piland
farm, which is located 10 miles south of Bennett. The secondary route will
be to travel Hampden Avenue (US 285 ) via I-25 and I-225, East Colfax Avenue
to eastbound I-70, which subsequently intersects Bennett/Kiowa Road.
The estimated round trip transportation time for a tractor-
trailer is three to four hours. Approximately four to five truck loads
will be hauled daily based on a five-day work week. The product will be
loaded directly onto the trailers from a drop chute as it is discharged
from the centrifuge equipment at the Bi-City WWTP. It takes approximately
four hours to load one trailer, and accordingly, a two-shift operation will
be utilized. The Cities currently own one complete tractor-trailer rig,
11nd to keep the operation running smoothly, two additional units will be
required (one in transit, one being loaded, and one rig for backup to cover
mechanical breakdown).
Figure 2 is a proposed schedule of events for i•plementing the
new sludge reuse program. The schedule allows for governmental review,
regulatory agencies review, design, construction and equip•ent purchase
necessary to c<>111plete project. Project implementation schedule will extend
over an 18-month period beginning January 1986 and through June 1987.
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FIGURE 2. P ROJECT SC HEDUL E FOil Bl -C ITY WWTP SLUDGE REUSE PROGRAM
J'TD _.,I ,_, ltH
1987 -..... .... -----·--... , ••••I •• • • .. , ... , r _.,I,_, -..... .... -••• •I' ••• •I t ••••••••••••••••••••••• •I I I ••••••• ., ............. •I ••• •I I ••• •I ••• !
2 COUNff llll[V![V ~
l CDtt IW't'l[V
.1 !l'l.:<I!•?.••--
S CPTIOM TD 1UY ---J-. ---·-----·----·----·-----·----·----·-----·----1 --------I •LECT [..._.
7 KllJll OEtimrt
.l 111~·-·~IJ~•
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r : ::: ::: :-:----;-:-::: ::::: ~::_ -_, ___ "u-
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----1----·----'-----I ----'--~-----'--± I I 1 1 i l:::J
----1----~ ___ , _____ ,_ ___ ,_ ___ ,_ ____ ,_ __ J_ __ J --I 4 4 J
JJ 'l~ .,. ... [,
2.J i e t T"lAA c.t
:;-------~ ---1 ---r ----,----,----,-----1----1----1-----r----1 ---..., -----·-------
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FIGURE 2 . PROJECT SCHEDULE FOR Bl ·CITY WWTP SLUDGE REUSE PROGRAM
1996 1987 ---.... --.... --------.... t I e • • I a•. I I a• I I••• I •a•
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Technical Report
Colorado State
~IS Oepertment of
Aglouomy
Application of Liquid
Anaerobically Digested
Sewage Sludge to Dryland
Wheat 1
J.M. Utschlg , K.A. Barbarick , O.G . Westfall, R .H. Folett, end
T .M . Mc8ride2
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85-6
May 1985
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PltO&RESS ltEPOIT
Applfcatfon of Lfqufd Anaerobfcally ~fgested
Sewage Sludge to Dryland Wheat
J.M. Utschfg. K.A. B1rb1rfck. D.G. Westfall. R.H. Follett. and T.M. Mc:Brfde2
INTROOUCTI Oii
In a farwfng econ~ of rfsfng costs. sewage sludge .. Y serve as a vf1ble sofl
fertflfzer and sofl physfc1l condftfoner. Lfttle work. ho.ever. has focused
on fts applfcatfon to dryland wfnter wheat. Consequently, one of the
objectfves of thfs study was to deterwfne the f11p1ct of v1rfous sewage sludge
applf catfon rates on the yf eld and protefn content of hard red wf nter wheat
COlllpared to the effects of usfng COllllll!rcfal nitrogen (N) fertflfzer. A second
objectfve was to detenafne ff sewage sludge fncreased water retentfon fn the sof 1.
MTERIALS All> tUltOOS
In August, lg83, lfqufd sewage sludge supplfed by Lfttleton/Englewood was
surface applfed at rates equfvalent to 0, 3, 6, 12, and 18 dry tons/acre and N
was applfed at rates of 0, 30. 60, 90, and 120 lbs/acre to separate research
plots at the Marvfn Helzer (East Bennett) and Jf• Hazlet (Vest Bennett) farws
fn Adams County. The average composftfon of the sludge fs shown fn Table 1.
Plant samples were taken at the boot stage and grafn and straw s .. ples were
collected at harvest. Grain yields and protefn contents were determined. The
concentrations of cadllf111 (Cd), copper (Cul. nfckel (Nfl. lead (Pb), and zfnc
(Zn) also were 11easured in all straw and gr1fn sa•ples.
RESULTS MD DISCUSSIOll
The Lfttleton/Englewood sewage sludge had 1 relatfvely hfgh total N and NH4-N
content whfle phosphorus (Pl and potassfu. (Kl concentr1tfons were typfc1l of
.. ny other sludges found fn the Unfted States (Table 1). Concentr1tfons of
the heavy 11etals of greatest concern (Cu. Zn, Nf, Pb, 1nd Cd) were 111 below
the levels at whfch the State of Colorado Departllent of he1lth requfres
fssuance of a pel"Wlf t for land applfcatf on.
The 1983-84 growfng season. as fn 1982-83, was relatfvely fdeal for dryland
wfnter wheat production because of hfgher than average sprfng and early s~r
rafnfall. As a result, yfelds were above the non11l Ada•s County average of
30 bushels/acre. Yfeld response to N fertflfzer or sewage sludge was
fnconsfstent between the two locations (T1ble 2). At East and Vest Bennett,
yfeld fncreased as rate of N .fertflfzer fncreased. Three and sfx tons of
sludge/acre fncreased yfelds and the 18 tons of sludge/acre produced the s111e
yfeld as the control (no sludge) 1t the East Bennett sfte. Increasfng sludge
rates had no sf gnf ffc1nt effect on yfelds at Vest Bennett. Sludge produced
11rge fncre1ses fn protefn content C011p1red to N fertflfzer (Table 2).
Protefn contents frOll the sludge treatllent plots were 131 or hfgher. whfle all
of the N plots were below 131. The sludge 1pp1rently supplfed N later fn the
growfng season and acted lfke 1 slow release fertflfzer whfch resulted fn
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higher protein production. A crusting problett wfth the 18 tons of sludge/1cre
c1used 1 reduction fn gen1fn1tfon ind thus reduced yields.
Concentr1tfons of Cd, Cu, Nf, Pb, 1nd Zn fn straw 1nd gr1fn were not
excessfvely hfgh fn 1ny tre1t11ent (T1ble 2). The Cd contents fn strew ind
gr1fn s111ples were less thin 0.5 119/kg (0.5 PPll>. Nf w1s less thin Zllg/kg ind
the Pb concentr1tfon w1s less thin 3 119/kg. Nftrogen fertflfzer produced 1n
tncre1se fn the Zn content of the strew ind the Cu content of the gr1fn;
however the Zn gr1fn content decre1sed wfth fncre1sfng N fertflfzer 1t West
Bennett. At E1st Bennett the Cu ind Zn gr1f n ind strew contents were not
1ffected by fncreasfng N fertflfzer whfle sludge fncre1sed Cu strew and gr1fn
contents 1nd Zn gratn contents 1t West Bennett. Sludge caused 1n fncre1se
only fn the Zn content of the gratn 1t the E1st Bennett sfte (T1ble 2).
Because of the fnconsfstency of the results, the Cu and Zn fertflfzer value of the sludge ts stfll unknown.
M1ny other sfgnfffcant observations were .. de fn the second year of thfs
study. The 18 dry tons/acre sludge rite fncreased llOfsture retentfon 1t ffeld
capacity (fde1l 1110fsture condftfons for plant growth) about two percentage
pofnts above that fn the control plot. Thfs would 11110unt to an fncrease of
about 0.2 fnch of water available for wheat production per foot of sofl. The
Littleton/Englewood sludge also increased the quantfty of pl1nt available P tn
the surface foot of sotl at each location. Even though a plant growth
response to the P fn the sludge was not found fn 1983-84, the P fn the sludge
could be sfgnfffcant fn other locatfons sfnce P deffcfencfes are developfng fn
some dryland wheat areas. No salt or trace 111etal bufldup fn the sofl was observed wfth any sludge treablent.
SUllWtY
The Littleton/Englewood sludge and N fertflfzer fncreased yfelds at East
Bennett whfle only N fertflfzer increased yfelds 1t West Bennett. Sludge dfd
fncrease protefn content COlllpared to N fertflfzer. The sludge served 1s a
good source of certaf n plant nutrfents wf thout c1usf ng hazardous
concentratfons of heavy nietals fn plants. It 1ppears that thfs sludge c1n be
applied at the rate of three to sfx dry tons/1cre to provfde N (and possfbly
P) wh f le not creatfng 1ny he1lth or productfon problet11s. If the sofl fs low
fn resi dual N (and possfbly P) sludge applfc1tfon would fncrease grafn
yi elds. Consequently , the Littleton/Englewood sludge fs a low-gr1de
fertilizer that has excellent sofl aniend111ent propertfes.
lrhis pr oj ect was supported by the Colorado Agricultural Experf11ent Statton and Cf t f es of Lfttleton and Englewood. 2
Gr adu ate Research Assfstant. Assocfate Professor. Professors of Agron011y ind Adams County Extension Agent. respectfvely.
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Table 1 . Average COllpOsftfon of Lfttleton/Englewoocl sluclfe applfecl fn 1913-84
CClllpared to other sludges, and Colorado tlffltll standards.
Dry wfght HHl~ concentr1tfon
DtMr s11111feJ!
Stindt Prope~ [ttf1e~7Eng1ewooa
Total II '·°' 1-111 Ilona specfftecl ll03-ll 1.71 0-H • •
llH,-11 S.71 1.H • • So fds 4.21 • • p 2.11 o.e-n • • IC 0.71 0.1-11 • • Cu 877 919/ktJ/ 200-17,000 919/kg 1500 919/kg Zn 1300 919/kg 50-50,000 919/tg 3000 919/kg llf 94 919/kg 25-8,000 919/tg 1000 919/kg Pb 161 919/kg 100-10.000 919/tg 1500 919/kg Cd 15 919/kg 3-3,000 919/kg 30 919/kg
Y Reported by R.H. Follett and 1.R. Sabey. 1981. Lind 1pplfc1tfon of
mut1fctpal sludge. Colorado State Unhersf~ Cooper1the Extensfon Servtce.
Service *In* Actfon llo. 547.
Y Maxf-•~loweble for 1pplfc1tfon wttllout pen1ft frm •autde lfnes for
31 Sludge Uttltzatton Land•. State Colorado Department of NHltll, 1973.
-.. /ti • parts per •fll fon
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Tobie Z. Tiie effect or 11ftl"OfRll fr!flfler w _,. sl•• .,,1fc1tf011 ratos Oii *11aM wf•ter .._t 1t•llh, 'rotaf11 alld llH"I •tal-COllt.llt, l•l-84.
It~ S..11 Srafo ..... tot• c. c. 111 Z11 Fortfl nr 51 .... Yf•l• Strw &rat• Strow lirat • LocatfOll
1111. l/KrJ/ 1117 taos/aero ...... 11/KN I -------------411'1--------------
[llt llHMtt 0 40 u.o 1.1 s.o 1.4 M • • ti.I 1.0 S.J ... ZS IO 41 U.l 1.1 5.1 l.l Z5 '° SI U.I l.l S.l 7.0 ZJ lZO 41 11.1 1.1 1.1 5.7 Z3 1Stathtfca1 St111trtca11eel • • IS IS IS •S 0 41 u.o 1.1 5.J 7.1 ZS l 11 U.I 1.1 S.l 7.J Z7 • • 14.1 1.0 5.0 1.1 • 11 SI 14.4 l.J 5.Z 1.5 • 11 .!1t 14 .5 l.J 5.4 1.7 31 1Statfsttca1 St111trtc111eol -IS IS IS •
Vest let1nett 0 ,, 1.5 O.t 5.1 5.0 Z1 JO 51 t.I l.Z 5 .1 8.7 ZJ '° 55 10 .l 1.4 5.5 7 .4 Zl '° 51 11.Z 1.4 5 .7 7 .6 zz lZO ll U.J 1.1 7.1 5.5 zo 1Stathtfca1 St111trtc111c:tl • • IS . • .. 0 11 11.0 l.5 5.5 7.0 24 J 71 U.8 l.t 5.7 7.5 ZS • 15 lJ.4 1.1 1.4 t.t Z7 ti 11 U.7 l.J l.t U.t Z9 11 11 lJ.7 J.J 1.5 lJ.t re IStatfstfcal Stt11fffC111Ct) IS -.. • IS ..
y
Tllo Cllll C911ttt1t f11 tllt 1tnw aM ...... wro 111 1111 tlllll 0.1 111/tt, Ula If C80totlt -loss tlllll t.O 91/tt
ti aM tllt I'll -tretfOll f11 tllt strew 11111 .,..,. wro 111 loss t11e11 J,0 91/tt. • ••rce ... ~~· !/ IS• -1t111tr ca t, • • 1t111trtca-et tllt n 1-1 .., -• 1t111ttt-at• 11 1-1.
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DAVID \II.'. ROBBI N!-
R O B K RT f'. Hl l.L
DENNIS M . M O NTOO MERV
kAREN A . 1'0Nll
901!HH~.a J , NVllORAV1!:
RONALD L. WIL.COJl
J . KllNPBR WILL .,. """'--
Mr. Stuart Fonda
Manager
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HILL & ROBBINS
ATJ'ORNE YS A T UW
I 00 BJ.JJCE STREET B UILOJNO
144 I ftlOHTEENTH STRJ!:BT
DBNVl!:R. COLORADO aoaoa
January 28, 1986
Bi-City Wastewater Treatement Plant
2900 South Platte River Drive
Englewood, Colorado 80110
Re: Piland Contract
Dear Stuart:
TBlZPHOHB
&oaltM-e100
'l'EU!OOPIBR
aoa .... aee
Attached hereto please find an executed copy of the
option agreement with Lowell Piland. I obtained Mr.
Piland'a signature on January 27, 1986, and handed him a
check in the a11eunt of $7,000.00. The document was sent to
Arapahoe County today for recordation. When I receive it
from the Clerk and Recorder, I will send you the original so
that it may be maintained at the Plant.
We are in the process of preparing the draft
applications for both the State and County permits. There
will be quite a number of blanks in them, but they will
serve as an organizational point for us. I understand that
Bill will seek a letter from the State Health Department
indicating a favorable reaction to the proposal and a
tentative willingness to approve it if the plans and specs
are sufficient. We can then use that in conjunction with
all of Bill 's engineering exhibits to form the basis for the
County location and extent perm i t.
DWR :ncr
Enclosure
cc : Larry Berkowitz
Jack Olsen
Bill Owen
w/enclosure
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DAV ID W , ROBBINS
ROBERT J''. HILL
DENNIS M . MONTOOMl!RY
KAJUIN A . TONA
aoaaaa J . MUaORA.va
ltONA.U:> L.. WILCOX
J .QMPSltWIU..
CWCO<-.,
Clerk and Recorder
Arapahoe County
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HILL & ROBBINS
A,,.ORNEYS AT l.J\W
100 BLAKE STREET BUil.DiNO
1441 EIOKMKNTH STREET
Dl!:HVER. COLORADO 8011Ga
January 28, 1986
5334 South Prince Street
Littleton, CO 60166
Re: Request for Recordation
Dear Clerk and Recorder:
TElZPHOHI!
000 ....... 00
Enclosed please find the original of an seven-page
Agreement, including attachments, which I would appreciate
your recording. A description of the property is contained
on Exhibit A (page S). Also enclosed is our check in the
amount $21.00 dollars (7 pages times $3.00 per page). Please
return the document to me at the above-referenced address
after recordation.
DWR:ncr
Enclosures
cc: Stu Fonda
Larry Berkowitz:
Jack Olsen
Bill Owen
David W. Robbins
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C 0 U N C I L C 0 M M U N I C A T I 0 N
DA TE February 1 2 , 1986 AGENDA ITEM SUBJECT West Union Avenue Bridge
Repairs /)
ACT I ON PROPOSED Award of construction contract for West Union Ayenue at South
l'l.1tt<> River Bridge Repairs.
•
fil!C K GROUHQ
rhe contractor for the Corps of Engineers constructing Stage II
of the '"Oo..,nstreaM Channel !Mprovenent'" along the South Platte
Riv er recently inforMed the Engineering Services OepartMent of
s one deterioration on the underside of the concrete girders and
lhe c oncrete piers conprising the Uest Union Avenue Bridge. The
d~terioratton has been caused by corrosion of the steel
reinfor c eMent by salt intrusion of the concrete. free z e/th .~..,
3ction. and by concentrated bearing loads on the top of the
concrete piers.
Repair ... ork ..,ill involve the installation of a continuous barrier
to prevent ... ater froM traveling along the underside of the
concrete girders and the renoval of deteriorated and loose
concrete and patching ... 1th a specialized nortar.
Thi s work is unrelated to the '"Bridge Deck Repairs and Overlay'"
proJec t conpleted in Hovenb er. 1985.
The work is to be conpleted. weather pernitting. by early April .
The ... ark ... 111 not require closure of the bridge or interrupt
traffic flow at any tine during con s truction.
fIHAHCIAL
Bid s for thi s project were solicited f roM four contractors
experienced in this type of rehabilitation work. rour bids ..,ere
re ceived. as follo..,s:
l > Thona sson Con s truction Co.
Z> Snith-Uolf Construction. Inc.
3) Pr e ni e r UaterproQfing Co.
1> C.P. Construction. Inc.
[nqineer•s Estinate
S 6 ... 9Z.OO
13.168.50
15.807.00
37.ZS0.83
9.000.00
0
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~u n ds r~ain i ng fro" "Br i dge Deck
Repai rs and Overlay" proj ect coripleted
i n !985
Construction per low bid
Contingency
Total
RECOnMEHOATIOH
8 .300 .00
6.192 .00
1 BOB.OD
SS.300.00
Tho"asson Construction Co •• the contractor for the "Bridge Deck
Repairs and Overlay• project constructed in 1985. is very
fat'\i l iar wi th the Ue s t Un i on Avenue Bridge and site condition s.
whi c h se~s to be reflected in their bid. Ue recOIV'lend Thol'tasson
Construction Co. be awarded the Uest Union Avenue at South Platte
Ri ver Bridge Rei:iairs for the low bid of S6 .192.00.
RS
SUGGESTED ACTION:
MOVED BY~~~~~~~~~~~~~~~
SECOND~~~~~~~~~~~~~~~~
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AG ENDA ITEM PRESENTED BY --------
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ROLL CALL
Hoved Seconded Ayes Nay Absent Abstain
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MOTION:
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AGENDA ITEM 6 c:{_,,
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-MOT
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MOTION:
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AG ENDA ITEM ----/(e&/'( M ~,,,,4 PRESENTED BY
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MOTION:
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MOTION:
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MOTION:
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AGENDA ITEM PRESENTED BY
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MOTION: ~
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AGENDA ITEM ----
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MOTION: v 6~-1__ 0--;?7
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AGENDA ITEM PRESENTED BY
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MOTION:
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AGENDA ITEM
ROLL CALL
Moved Seconded
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Bradshaw
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MOTIO N:
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Ayes
PRESENTED BY
Nay Absent
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AGENDA ITEM CZ cc -9 ( PRESENTED BY
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Moved Seconded Ayes Na Ab y sent Abstain
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MOTION: ~-O-/
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AGENDA ITEM -----PRESENTED BY --------
ROLL CALL
Moved Seconded Ayes Nay Absent Ab t 1 s a n
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Van nvke
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MOTION:
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AGENDA ITEM
Moved Seconded
MOTION: ·
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Moved Seconded
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MOTION:
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AG ENDA ITEM PRESENTED BY ---------
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MOTION:
I . •
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AGENDA ITEM
PRESENTED BY
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ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
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MOTION:
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