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HomeMy WebLinkAbout1986-02-18 (Regular) Meeting Agenda• - • • 0 CITY COU NCIL MEETING 2-18-86 • - • • • • 9 / /{) .) dh d, / 7/ /, /;i'., ~ ______./ / _µ;t-~ /4' /S-/b • 0 ' 0 I . • • • - 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 . * * * * * • I • • • City Council Meeting -February 18, 1986 Page 2 * * * * * • • • 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. * * * * * I • • City Council Meeting -February 18, 1986 Page 3 • • - 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 • I • ...... • City Council Meeting -February 18, 1986 Page 4 • • - 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 . • I . • n • City Council Meeting -February 18, 1986 Page 5 • • • (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 . • I • • - • • • • City Council Meeting -February 18, 19 86 Page 6 * * * * * 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. * * * * * • I • • - • City Council Meeting -February 18, 1986 Page 7 • • - 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 . * * * * * • I • • - • • City Council Meeting -February 18, 1986 Page 8 • • • 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 • I • • ( ( • • • • 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. * * * * * • I • ( • City Counc il Meeting -February 18, 1986 Page 2 * * * * * • • • 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. * * * * * I • • • City Council Meeting -February 18, 1986 Page 3 • • • 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 • • - • City Council Meeting -February 18, 1986 Page 4 • • • 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 . • I . • ( • City Council Meeting -February 18, 1986 Page 5 • • • (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 • • ( • City Council Meeting -February 18, 1986 Page 6 • • - 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. * * * * * • I • • - ( • City Council Meeting -February 18, 1986 Page 7 • • • 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. • • • • • • I . • - • ( • City Council Meeting -February 18, 1986 Page 8 • • • 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 • I • 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 ( ( • • • . . • 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. 11 AA .~ ~ @A.~~ t/ . .J._~ .J..J~. ~ ~,_,e~ ~:,.~~ ~F'O--..~~ ~l "0 / ~ ._..:C..4~h>-' "'/o ~4'-..i.-1 -- I • • • • - "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. • " ) I • "F e b r u ary 18, 1986 Page 3 • • • ~ r,,o--J (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~ • '"J~.2·oC ~-' 6-0-/ 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,.... • I . • • '~ NAME ~ ,?> ... ;. ~ ~L-,;; J -);. ~/u/n~Y-a • ----·---- • • • 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-- , ... ~ ,. - • I • • • • 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 • I • • • ADDRES S TO THE COUNCIL CITY OF ENGLEWOOD • • • 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? • I • • • 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: • • • 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, • I • • - • • • ROATH a. BREGA,PC February 12, 1986 Page 2 • • • 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 • I • • • 3690 SOUTH • • • 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 • I . - • • • • • • 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 • I • - • U.S Deportment . of Transportation United States Coast Guard Dear Coast Guard Auxiliarist: • • • 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 • I • • • • • orado, met in The ng were dshaw, I • • • • • • • 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 • I • • • • • • 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. * * * * * 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. * * * * * I . • • City Council Meeting -February 3 , 1986 Page 2 • • • 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 I • • • City Council Meeting -February 3, 1986 Page 3 • • - 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 . I • • City Council Meeting -February 3, 1986 Page 4 • • - 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: • I . n • • • .. • 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 • I • • • City Council Meeting -February 3, I986 Page 6 • • • (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. • I • n • .. City Council ~eeting -February 3, 1986 Page 7 * * * * * • • • 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. • I • n • City Council Meeting -February 3, 1986 Page 8 • • - 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: • I • • • City Council Meeting -Febru ary 3, 198 6 Page 9 • • • 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. • I • • • .. Ci ty Counc i l Meeting -February 3, 1986 Pag e 10 * * * * * • • - 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 . • I . • - • .. City Council Meeting -February 3, 1986 Page 11 • • • • • • • • 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. • • • • • 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 • I . C 0 U N C I L DATE February 13, 1986 • • • 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. • • I • • - • • • • • 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 • I • • • • • • 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 • I . • • • • 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. • I • • - • • • • 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- • I • • • I. I I. • • • 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 . • I • • • • • • 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 -2- I • • ( • • • - 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. -3- • I • • - • EHA BOARD OF COMMISSIONER S REGULAR MEETING DECEMBER 4, 1985 • • • 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. -4- • I . • ' • x. • • ,. - 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. -5- • I • • EHA BOARD OF COMMISSIONERS REGULAR MEE TI NG DECEMBER 4, 1985 x. Adjournment (continued} • • • 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 -6- • Mafy A. Ryan Recording Secretary ., I . • • • • 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 • /h I • • • - 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. -2- • I • • • VIII. LAND ACQUISITION, Park Floral Minnick moved: • • - 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. * * * * * * * * * * 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 -3- • I • • • • • 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. -4- • I • • • • • • 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. -5- • I • • • • • • 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. • qb I • • • • • • 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. • I • - • • • • • • 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. * * * * * * * * * • 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 • • I • • ( • I. • • • 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 . • I • • • • - -2- 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. • I • • n - ( • • • • -3- 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. ~:r:Lh ,/~i-- Gertrude G. Welty Recording Secretary • I • • ((( • • • • 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 . • * * * * 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 • I • • - ( • ((( • • • • 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 • • t ( • • • " • 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 • I • • <( • • • • 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 . • I • • (( • • • • 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 • I • • ( • • • • 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 . • I • • • • - -2- 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 . • I • ( • • • • -3- 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 . • I • • • • - -4- 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" . • I • • ( • • • - -5 - 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 . • I • • • • • • -6- 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 . • I • • - • • • • -7- 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 • I • • - . , ( • TO : FRO M: DAT E: SUBJECT : • • • 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 • I . 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: • • - 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 • • I . . ,-( • • - ENGL EWOOD MUN IC IPA L CO UR T QUAR TER LY ACTIV IT Y RE PO RT <CO NTI NUED ) - 4TH ()TR . I 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 • I . ( • • • • 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 . • I • • • • • • -2 - 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 • I • • - • • • • • -3 - 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 . • a I • • I t • C 0 U N C I L DATE February 12, 1986 INITIATED BY • • • 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.> • I • • - • • • • • 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: • I • • - • • RESOLUTION NO. ~ Series of 1986~~~- • • • 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 • I • -• • • 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 • • I . • • • 0 ~ 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 -········ -·-······ ........... . ........... ......... -····· --·-··· -···· • • • • • ___ . ______ ,_.._.._ ____ _ . -~ ( ( / 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. : •·,.. ~ ' •• 1-j • ' ... ". I ' ':{. l' '·~4 ,, • .. . , I .., •rt" I • • J • I"'. :' I ,, • I • •' • • • • 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 -2 - • I • • • • • • 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 ~~· -3 - 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 • I • • - • • • • 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 I • • • - • • ---·-------------------- C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJECT 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 . • I • • • • - • • • • • 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 . • I • - • ORDINA.l.Cl:: NO. SERIES OP 19B_G_ • • • 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 • I • - ( • 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: • • • 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 • I • • • • • • 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 . • I • ( • • • - 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 2 • I • • - • • • - 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. 3 • I • • - • • • • 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 • I • • • • • • 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. • I • • · 1 ( • • • • 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 """'!:::.,.!":~~=:::;,T:~':.'ru"'.!:"~·.:..,,.. ... 1_ ... d.;Xi .. 3!!!1.::'&':r~, .... "' .. 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" ... 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 ::~:.~~::.1:~:~:~;~r~:"i.~~7~~~~:~:: ::::,-:;::. ... ,~=:~ :~: ~~ .. ~~.:\:.~":;:~;;::::11-;~~:~~.~-.::~~i;:!: 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 It .., .. '4 t11W1,1111a.li •,.Jl•"••l•tl,._•o•M••h1111111h1t fallMllJ.l lkll ~-.............. _.... ..... __ ...... .......,......_........,.._... .................. ____ ........ _______ ~~ ,....--·------.. --.. --------,-----·-·-~~~~__....... ......... ____ ._.,.,.....,. _._,_..,._.., ................ ~----~-----------------~'"-----.......... _....,. ___.,..........,_ .......... _ ........... _._w.... ---·-------- 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 .. , ---" 1"[.Hj ?'to llZ f/l.R M Lf;A E _ • ....,. ........... iNJW tl~A•• Lat.••_.. COllJl•-IMJ)UJ .... EXHl&!T I • • - ( • • • • 0 Rtconkd •t -----o'clock--M ., -------------- ltKC'puon No -------====-=---== ----- 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 ''. '"=~""'"~" ·<:=":::':::""'=' ============ • ·" -- -. J EXHIBIT c I • - ' ( • • • • • 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 • I . - ( • • • • .. • 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 -i- • Paqe _, _ _ ,_ _,_ -3- -4- -4- -5- -5- -7- -7- I • ( • • • • 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 _,_ • I • - ( • • • • 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 -2- • I • • - ( ( • • • • 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, -3- • a I • • - • • • • 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. -4- • I • • - ~( • • • • 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. -5- • I • • • - • • -: :--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 "' ~ "' ,._ I I~ I ,__ ~-------------B ~ 'STQ8~'3~ 1.6 ACRE-s [ 750' I ??O' J 1~· Figure 1. Schematic diagram of the proposed receiving/drying area. I • • -6- • • • • • • 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. -7- I • • • • 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~• I SUl't't'£TJNI 11 ,,_,. .... ..,_,..,., U llr( PCCI '! <JllLl• _S'!J'1 - U IJD CONIU 14 •V""° CONSTllll l S f'UllllCH&SC l .uCJ r : ::: ::: :-:----;-:-::: ::::: ~::_ -_, ___ "u- . f I I I I t I --_,_ ------ ---~--------- -------- •.l IHI kO'!J'! _ U l'\ICM LUT ii 110 [DU[""'E:Nl U ~ll UUlP Z.l Ula• Jlll.Lvt.!• 21 f "6lNINS ----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 ---..., -----·------- H " H -• ..... I · • • • • • 0 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• -------~----------------------------------------- l SUJU • 2 COUNTY' -.C¥l£W [-~11:::; l COM llllEVU:W .i l."l=C!!.'t.•"- ' OPflOMI TD IUT • I SCL£tT EtriMall 1 ICIUN OUJIN I. 19U.•-~IJ9'.5 ---~--- 1e PAEP•N: PL.IMS U SITC SP£CS '! LOUJ• _!ll!fc;J - LJ llD CON.STiii ·~-~l::-~-----------------------------------~---1------------------------·-14 •W4NJ t.ONSTfll - - 1 S PUN:::MA SE L.&ICI 11.vr.i~•.!_ 11 '1.M:M L lST -------------------------------------------------- ii 110 COUI~l lt ~9E UUIJI 21. lPll.I• _D(l.L"!!' 22 FlMAL 51.J"Y(Y 2J l •t 'f(IJll ~ 2j_ ------ "' 21 21 21 • ------------------------------___ :-:~~--t-~-~-•-'--... ~ ---~----~----------------------------------------- • - - • • • • 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 • 85-6 May 1985 I . . ( • • - 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 • I • • • • • 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. • a I . • ( • • • • 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 • I . . • - • .. - 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. • I • • • • I • 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 • • - 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 • I • n • 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 • • • 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 • I . -• • - ·. 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 I • • • - ~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~~~~~~~~~~~~~~~~ • • I • • • • - AG ENDA ITEM PRESENTED BY -------- L ' / ·---..,.5'"' ROLL CALL Hoved Seconded Ayes Nay Absent Abstain 11l11day Van Dvke Vobe,da ,,,.-I/' Koza eek v Bl lo Bradshaw ....... Otis MOTION: I • • • • • • - AGENDA ITEM 6 c:{_,, PRESENTED BY oc-U ~ -1~ ------ ~ 39 9 j> x:J.o. ~ev / ~--~I d~/' OF l1011ed Seconded Ayes Nay Absent Abstain tt lji<iay Va n Dvke Vobeida Koza eek Bllo Bradshaw Otis . ,;{j ~k;a,cc. ,/'? cL~ ~ -rt ,,.-Lc-y' J.,ra~-~ ._,,,..-~ ." ~ • • I . • • • • AGENDA ITEM Moved Seconded Ayes Nay Absent Abstain H1adav r I Van Ovke Vobeida Koza eek Ri lo Bradshaw - Otis - -MOT I . • • • • • • ROLL CALL Moved Seconded A yes N•y Absent Abst•ln l{I oaav Van nvke Vobe"ida Koza eek Bl lo Brads haw Otis MOTION: I . • • • • • • AG ENDA ITEM ----/(e&/'( M ~,,,,4 PRESENTED BY \ CA.__ 9 ~-- ROLL CALL Hoved Seconded Ayes Nay Absent Abstain Hloaay I Van Dvke Vo beida . Koza eek ' AJ Jo Bradshaw Ot i s MOTION: I . • • • • • - ({{t'J. /!/:::;'~-(lo {(-Q J " L AGENDA ITEM ----- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlqaav Van nvke Vobe,da Koza eek Bllo Bradshaw Otis MOTION: I . • • • • .. • AG ENDA ITEM PRESENTED BY _d?z __ c _'tz..::.......;: L:_' _:_d..::::ck ;f ~j1-f 1 J'l&'-J'C " d '77 _f7 n r "a-t:"--~ dLJ~ d ~ , /~E .,v,:,,.4-£? /' aA~id,__,,..., \ ft .cj / ;t;,1.,_,."'-, ,,,, o /LJ;'J , , t1--, .;"t<ZLc,,tn"g-7'h a/wd'u~'f.., , ~n 0 ~~ ~ "'· , ~ /' '-----" ~ L r <!.£ 't ~,,,,.,,_f _.-A-~ '--12--\ 7 /= ~, Cf? .) ~ ,/J,,/-7 ~ r , /7 c__:_/ ~~ --\ ...-----:> ~ (._ ._/ ~ ~ ~ ~ c.--~~A---, d ::-. / /"" c ~ \ ~ " ./ ~· _/' o/ ~' ~ -, ~ ./ -, -'-( , ,_______.. l__, . ~ J ROLL CALL / . .....-----_), /1 )---l ~t,/ /<-· ' /). /f ~ove d Seconded A yes Nay Absent Abstain Hiodav Van Dvke Vobe1da Koza eek Bi lo Bradshaw Otis MOTION: I • ~'(1 . / ~ '--' c;:---/~''--c~~.;zf /J!n/a-ru ~t:_J rt Uu_ ~r<-K~~ y:::; v,-.~~ • • • • - PRESENTED BY ------ , ? =-;:-\ ' . tfJ.Jt'v: ~ / /-a1J.~pq-~~ -~ r ,£ ' ,6!,,.~ : ROLL CALL ~.;}' -<L--;; fi ..-z__~' f' Ayes Nay Ab {tNG.f /)~1-l-tz_<-177 ./ ~ Moved Seconded ~ , sent Abs ta In t11QClav Van Dvke Vobe i da Koza eek RI lo Bradshaw Ot is i. 1 . MCYI'ION : I . • • • • • - 1 - /d i1 :: ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlodav Van Dvke Vobeida ,__..--Kozacek 1/ Ai lo Bradshaw ........ Otis MOTIO N : I . • hCL/ ~00f--J a t -r7~ • • • • • /0 /fc{c?, ~~ u ~~b2 AGENDA ITEM --- ~7"' -t:Lb r:fft-.7" 7/ ?9''7,r j / llOLL CALL Moved Seconded Ayes N.y Absent Abstain Hlaaav Van Dvke Vobe1da Koza eek Rf lo Bradshaw Otis MOTION: I . . • • • • • ·. AGENDA ITEM PRESENTED BY c f _) ROLL CALL Moved Second d e Ayes Nay Absent Abstain n1aaav I I - Va n ""·ke I - Vobe,da -..... Ko zacek - Al lo ~ Bradshaw - Otis I J MOTION: ~ I • • • • • • .. - AGENDA ITEM ---- ftOLL CALL Moved Seconded Ayes Nay Abse t n Ab stain ,,.... Hlaaav ,,,. Van Dv k .. ,./ Vobeida ,/ • Koz a eek ,,,,,,,, Bi lo ""' Bradshaw ., Ot is ./ MOTION: v 6~-1__ 0--;?7 /_, ;;:/u /) < • ·J c ( I • • ('' • • • • • ------ AGENDA ITEM PRESENTED BY /J-/~ "-c ---7-r __-/~ ~d \ ~, C-"t./ <.._ 2, /de;-<!? ~ r-~ " ~-??( I 'fl ~ ,/ ) ROLL CALL Moved Seconded A yes Nay Absent Abstain Hl<1dav Van "'ko Vo be ,da Koza eek Rl lo Bradshaw . Otis MOTION: I . • • • AGENDA ITEM ROLL CALL Moved Seconded Hlodav ,___ Van nuke Vobe,d a L-Koza cek Bl lo Bradshaw Otis MOTIO N: • • • • Ayes PRESENTED BY Nay Absent / -/ Abstain I • n • • • • AGENDA ITEM CZ cc -9 ( PRESENTED BY ~//~ ~/L Hoved Seconded _... ....-H1aaa11 Van n.•k e Vobe,da I" ---Ko za eek '"' ~ ,,,.. Bllo ,._ Bradshaw Otis MOTION: ------ 2 ~ CT9-r~ ~ ~-/ /:JK ~ /S ROL L CAL L Ayes Nay Absent Abstain a / • I . • - • • ~ \ PRESENTED BY m (! {:ca71._/ :?0 L J 7 yes Nay Ab ent ---A bstalfJ Hlaaav Van ""ke Vobe,da Koza eek Bl lo Brad shaw Ot is I . • • - • • ·. Ayes Nay Absent Abstain 111odav Van nvke Vo b eida Koza eek A l In Bradshaw Otis I . • • • ( • • • J}k!cU tjdt't.,-~ >" ?fdtLa r ;,i c 0--UJ /' [:_, _J L__,/ AGENDA ITEM ---PRESENTED BY ---- l/cidtLy--~ __/~ 1/-<-A--'_,;,_,_,__) ;fl~. SC1) ~· u ~~ ,.. ,fh!-/1 .--, 11rC /f{.'?> J<y <"' 9/ ' Y){ ) , 0 , JI,.'/~ a_ IC' A c;. ~ ~ c__.-r ~~ f-C.-("' ~C-~~ /;«/a~ 9-.I~~ A't .1t ~,, _, ",-{,( If' /1 x r"' / J'{,,~ ~ -e'~z --?Y?~-L -e d ;J L_ LJ <:_, • If/VJ,_ L ,:J) &~,.-.&, /GJ,S'?S-1'~ ~/~Ye ,. -( Moved Seconded Hlgday Va n nvke vobe ,da Koza eek R l lo Brad s haw Ot is MOTION: Ayes Nay Absent Abstai n ~r"'~u ~ ~ ~ 0-Lf'L£.L.<J <:/.__ (/} c14-u-~~, J Z l_ r .L--~<--<J ~ =---~ ,-- Y ~,.~cf~ ~ ;/ /,u5 /;:?, o//~ ~"-,L_/ ~ -<-J,.4-- • I . • • • • ·. AGENDA ITEM ---PRESENTED BY ----- / ~4J-UZ -'(,'f c ~ G__} r-/J?a ~ , ~//1 ~ ~ ';;2 ! J-/);aQ~ ,AJd& r- Moved Seconded Ayes Na Ab y sent Abstain Hlooav Van nvke Vobe1da Koza eek Bllo Bradshaw Otis I • • • • • • • ') . ti-c.,,t o c aJ · -e..c-) " ) ) ) (' ( (J-( 0}1 {;It tJAJL{/1/V& cl / AGE NDA ITEM ~ ' /) /' ~/ /' /i :,,...,.,,'°., ;&.!,. ~ A. c~cP~ / J fa '- ~ · /'~/~7 ,l u--&y££ ~d ·~' '/ C-~ 7J'7C-ct"-<--11/J j,____,, _( /r~Jc__/ ;;-;---~ ROLL CALL Hoved Seconded Ayes Nay Absent -/..-Hladav Van T>vke Vobe,da Koza eek Aj lo -Bradshaw ,.,, Otis MOTION: ~-O-/ • • Abstain - - ~ I . • • - • • " '1)} C ({J-c,rf r7 ~ AGENDA ITEM -----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Ab t 1 s a n lllQOaY Van nvke Vobe;da Kozacek Al lo Bradshaw Otis MOTION: I • • • • ----- AGENDA ITEM Moved Seconded MOTION: · • • • • ·. c--) _ __,r ~ -:~' ~ ~~~e /-:? (d /'1' /"( ~/) /C -----9:-( 2 G ( r c_. & rz_:Y2_L,z.-{- r /' __-(_, A ~/-L(_Q "' Rott CALL A yes Nay Absent Abstain Hladav Van ""ke Vobe,da -Koza ee k RI lo Bradshaw Oti s • I . • AGENDA ITEM Moved Seconded ,_- l-- • ·. ROLL CALL A Hladav Van nvke Vobe,da 1<ezacek Bi lo Bradshaw Otis • • • yes Nay \ Absent tu{. y (; 6 / {_,u cu :>--r G-O-/ • Abstain --;-? / '~~ '!-r ~~ ':'--Jot'~ I • • • - • • AGENDA ITEM // ~ PRESENTED BY ~C'C~-i-~/ (Jfj} lc/e,,,_I {/-.?7-"-u-h ~,,..dr ~-'/°a.,-~ I //-r ~ ~\ p-r_ ~ fi c r n ,z 4.<7 d>-o { 0 cf~;;<- ' i-2___ 5 ______/ ~ 0 y//7 c/-?7 6-0-/ ROLL CALL Moved Seconded Ayes N•y Absent Abstain MIQday Van Dvke Vobeida ,__-Kozace k ,__ Bl lo Bradshaw Otis MOTION: • I . • • • • • AG ENDA ITEM PRESENTED BY --------- ~· \_____C' L_ ~ <-r 6?t07£ -1 ; -:::--- ~ -C /~~ ~ {. g;_ ___ ~~{_~( Qp -----e .:7) Moved Seconded Ayes N ay A bsent Abs ta In HfQday Van nuke Vobeida Koza eek Bl lo Bradshaw Otis MOTION: I . • • • • • • AGENDA ITEM PRESENTED BY / <2._/ ~a c'i di?,·0 <17 ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgdav Van ""ke Vobe;da Koza eek Rj lo Bradshaw Otis MOTION: I . • • •