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Home My WebLink About1985-02-19 (Regular) Meeting Agenda• • - • City Council Meeting -Regular -February 19 , 1 9 85 • • • • • • ~-f.v.7Z.N -:;Ii-J<J: 11, Id, 1.3, 14, I~ ~a..-t-~-# K~ Ito, 1'1, /~ • 0 0 I . . ~ l. ~2. ~3. 4 . 5. 6. 7 . • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL FEBRUARY 19, 1985 7:30 P.M. Call to order. Invocation by Pastor Dan Fredericks, First Christian Church, 3190 South Grant Street. Pledge of allegiance by Boy Scout Troop #11 5 and #154. Roll Call. (J;' / Minutes. (a) Minutes of the re gula r meeting of February 4, 1985. Pre-Scheduled Visitors. (Please limit your presentation to 10 minutes.) (a) Mr. Rod Mcisadc, Street Treets Ice Cream, will be present to discuss the mobile vending ordinance. Non-Scheduled Visitors. to 5 minutes.) (Please limit your presentation 8. Communications and Proclamations. ~,,, Proclamation declaring March 3-10, 1985 as Volunte rs of America Week. • I • • • • Page 2 Februar1 19, 1985 Agenda I ' • A ... Consent Agenda Items. ( c) (d) Ordinance on final reading approving license agree- ments between the City of Englewood and the Cherokee Corporation to allow the installation of a 12" storm sewer across the City's right-of-way at Prince Street and West Lake Street. Ord i nance on final reading approving a license agree- ment between the City of Englewood and the Sycamore Office Venture to allow construction of a plaza across the City's right-of-way at Prince and West Lake Street. Minutes of the Urban Renewal Authority meeti ng of January 9, 1985. Minut es of the Planning and Zoning Commission meeting of January 22, 1985. 10. Public Hearing. 11 . Ordinances, Resolutions and Motions. (a) Recommendation f rom the Parks and Re creation Depart- ment to approve the award o f bid for 19 golf c ars to Boyd Distributing Company Inc. in the amount of $27,911.00. ~(b ) Reco mmendation f rom the Planning a nd Zoning Commission to amend an app r oved Camden Homes Planned Development located at 300 West Gr and Avenue. ( c) ~~(dJ ~~*'/~ ? 12. City • Recommendation from the Library Department to approve the 1985 contract for cataloging and processing services for library materials between the Englewood Public Library and SEMBCS (Southeast Metro Board of Cooperative Materials). Recommendation from the Director of the Wastewater Treatment Plant to approve a joint agreement with the U. S. Geological Survey to purchase and operate a minimonitor for the South Platte River for the sum of $4,750.00 (50% of cost). Manager's Report • .-~ ~· • I • • • - • • - Page 3 February 19, 1985 Agenda 13. City Attorney's Report.-~ 14. General Discussion. (a) Mayor's Choice. (b) Council Member's Choice. 15. Adjournment. -~~ {5~~ /', -~~J~ p I 'J 72 / • (j ;llct;_/,r;'({_(t..tl-...,,"-1~. <) ~- AND'UMC COWN g.t (J City Manager AM/sb I • • • • • • - AGENDA ITEM ---PRESENTED BY ---- ~~ i-Ja<rbu J~ ~-0-o,&~ ~~ /uu:r-11s-,,. 1f"1 ~~~:V~ ([)~ dh~~ ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hladav Neal Vobe,da Weist 8110 Bradshaw Otis MOTION: • I . • • - PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday ..... Neal V"' Vobeida v Weist ,,_- Bl lo ~ Bradshaw v Otis ·- MOTION: I • • • • • • • AGENDA ITEM PRESENTED BY --------- ROLL CALL Moved Seconded Ayes IU!y Absent Abstain Hladav -y Neal - Vobe,da -We i st - 81 to -V"' Bradshaw Ot is - MOTION:~ I • • • • • - AGENDA ITEM 6 (3._-PRESENTED BY ------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlaaay Neat Vobe,da Weist Aj lo Bradshaw Otis MOTION: I . . • • • • • AGENDA I TEM PRESENTED BY --------- ROLL CALL Moved Seconded Ayes May Absent Abstain Hiadav ' Meal I Vobe,da I Weist -v Bl lo ' v Bradshaw I Otis l MOTION:~ I • • • • • • - AGENDA ITEM PRES ENTED BY ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlac:lav ~ v Neal I Vobe,da { Weist - Bl lo ") y Bradshaw 7 Otis I I • • • • • • • AG ENDA I TEM //a_, P RESENTE D BY lh c_,. &wv ROLL CALL Moved Seconded Ayes Nay Absent Abstain ,,, Hlaaay I v Neal I Vobe1da We 1st - Bl lo I Bradshaw I Otis I MOTION: I • • • • • - AGEN DA ITEM I I b ----- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlodav ' Neal J Vobe,da ( WeT s t ~ y 81 lo "\ v Bradshaw I Otis I ' MCYI'ION: I • • • • • - AGEND A ITEM // C..... PRESENTED BY (he__~ ROLL CALL Moved Seconded Ayes Nay Absent Abstain lfi"dav I Neal I Vobe,da \ Weist -i;;;;:;: Rllo , ,,,.,,. Bradshaw I Otis I MOTION: Ch -*11 I . • • • • - AGEND A ITEM ---'~--'~'--· tl __ _ PRESENTED BY lh(,~ ROLL CAL L Moved Seconded Ayes Nay Absent Abstain Iii qday ' Neal I Vobe;da l Wei st - 17 Bl lo ... -v--Bradshaw I Otis ' I • • • • • • - AGENDA ITEM Id. PRESENTED BY 271 C ~ ~1~~ ;[~-~ t Mm~-~ !fa,. /JiO~~ -~~~~~~ ~rg~· -1~ ~!!· /() rI"". ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlaaav Neal Vobe,da Weist Bi lo Bradshaw Otis MCYrION: • - I . . ( • REGULAR MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado February 4, 1985 The City Council of the City of Englewood, Arapahoe County, Colorado , met in regular session on February 4, 1985, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. Th e i n v oc at ion wa s gi v en by Associate Reverend Fred Mi n i x, Calvary Ba ptist Church, 4881 South Acoma Street. The pledge of al- legi a n c e was led by Bo y Scou t Troop *92. Mayor Otis asked for roll call. Upon a call of the roll, the fo l lowing were present: Counc i l Members Hi gday, Neal, Vobe j da, We i st, Otis. Absent: Counc i l Members Bi lo, Bradshaw. The Mayor decl a r e d a quorum present • • • • • • • • Al so present were : City Man a ger Mccown Cit y At torney Olsen Di r e c t or of Utilities Fonda Deputy Ci ty Clerk Owen • • • • • • • COU NCIL MEMB ER NEAL MOVED TO APPROVE THE MI NUTES OF TH E REGULAR MEETING OF J ANU ARY 21 , 1985. Cou n cil Membe r Vobe j da sec onded the mo - tion. Upon a call of the roll , the vote resu l ted as f o llows: Ayes: Council Members Neal , Vobejda , Weist , Otis. Nays: None. Abstain: Council Member Higday . Absent: Council Members Bilo , Bradsha w. The Mayor declared the motion carried . • • • • • • • • I • • - • Feb ruary 4, 19 85 Pag e 2 • • • CO UNCIL MEMBER WEIST MOVED TO APPROVE A PROCLAMATION DECLARING THE WEEK OF FEBRUARY 17 -23, 1985, AS "ENGLEWOOD SCHOOLS WEEK." Counc il Mem ber Neal seconded the motion. Upon a call of the roll, the vote resu lted as follows: Aye s: Council Members Higday, Neal, Vobejda, Weist, Otis. Nay s: None. Ab sent: Council Members Bilo, Bradshaw. The Mayor declared the motion carried. Ma yo r Otis presented the proclamation to Ms. Jeanenne Stepleton, Pr esiden o f Englewood Educators. Also present were Mrs. Deborah Pool, School Boar d President, Dr. Roscoe Davidson, Superintendent of Schools, Ms . Eileen Marmann, Public Relations Chairman of Englewood Educators, and Mr. Boardman and Ms. Roberta Wilson of the Englewood School Board. Ms . Stepleton gave words of appreciation. C ounci l Member Higday discussed a recent request from a group of Engl wood hi gh school parents. They are hosting a party on prom night and ~sked the Parks and Recreation Commission if they could use the com- mun i y cente r for this party. The Parks and Recreation Commission sup- por s the id ea and now it is before City Council. The Council has been asked o do na e the center facilities and waive any City expense. COU NCIL MEMBER HIGDAY MOVED THAT THE CITY WAIVE ANY COSTS RE- LATl NG TO THE PARTY FOR THIS YEAR AS FAR AS WHAT THE CITY'S COST WOULD BE. Council Member Vobejda seconded the motion. Upon a call of the rol l, he vot e resulted as follows: Aye s : Counc i l Members Higday, Neal, Vobejda, We ist , Otis. Nay s: None. Abse nt : Council Members Bilo, Bradshaw. The Mayor declared the motion carried. * * * * * * * M~yo r Otis asked if there were any other visitors in the audi- enc wishing to address Council at this time. n vi d Rietzes, 3297 South Delaware, came forward . Mr. Rietzes report d his daughter's dog was stolen from his backyard on Saturday. Mr. Ri tz s stated he called the police to file the report. Mr. Rietzes • I • • • • February 4, 1985 Pa ge 3 • • • asked if something could be done to make the community safer to prevent incidents like his. * * * * * * * Council received the transmittal from the Library Advisory Board notifying Council of the election of its officers. * * * * * * * Council received the Municipal Court report for the 1984 fourth quarter and 1984 end-of-year activity. * * * * * * * "Consent Agenda" items on the agenda were: (a) (b) (c) (d) (e) (f) (g) (h) Minutes of the Board of Career Service Commissioners meeting of November 15, 1984. Minutes of the Planning and Zoning Commission meeting of December 18, 1984. Ordinance on final reading approving easements along the South Platte River near Union Avenue to the Colo- rado Water Conservation Board for the River Rechan- nelization Project. Ordinance on final reading repealing Ordinance No. 12, Series of 1982, which established a Mutual Aid Agree- ment for Police Services. Ordinance on final reading approving the utility ease- ments exchange between the City of Englewood and Cen- tennial Partnership, Ltd., for the Centennial Shopping Center located at Federal and Belleview. Ordinance on final reading approving utility easements from the 1950 Corporation for property located at Union Avenue and South Santa Fe. Ordinance on final reading approving utility easements from E.S.P. Investments for property located at Union Avenue and South Santa Fe. Ordinance on final reading approving utility easements from Public Service Company for property located at Union Avenue and South Santa Fe • • I • • • Feb ru a ry 4, 1985 • Page 4 ( i) • • • Ordinance on final reading approving utility easements from Jack M. Horner for property located at Union Avenue and South Santa Fe. COUNCIL MEMBER NEAL MOVED TO PASS CONSENT AGENDA ITEMS 9(A) - 9 (I). Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Vobejda, Weist, Otis. Nays: None. Absent: Council Members Bi lo, Bradshaw. The Mayor declared the motion carried. The following consent agenda items were assigned ordinance b e rs: 1. (c) 2. (d) 3. (e) 4. ( f) 5. (g) 6. (h) 7. ( i) ORDIN ANC E NO. SERIES OF 1 98 5 - - - - - - - Ordinance No. 7, Series Ordinance No. 8, Series Ordinance No. 9, Series Ordinance No. 10, Series Ordinance No. 11, Series Ordinance No. 12, Series Ordinance No. 13, Series * * * * • BY AUTHORITY A BILL FOR of 1985 of 1985 of 1985 of 1985 of 1985 of 1985 of 1985 • * COUNCIL BILL NO. 13 INTRODUCED BY COUNCIL MEMBER NEAL num- AN ORDINANCE APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLO RADO, AND THE SYCAMORE OFFICE VENTURE, A COLORADO GENERAL PARTNER- SHIP , TO CONSTRUCT A PLAZA ACROSS THE CITY'S RIGHTS-OF-WAY FOR THE CITY DITC H AT THE NORTHEAST CORNER OF PRINCE STREET AND WEST LAKE AVENUE • • I • • February 4, 1985 Page 5 • • - Council Member Higday expressed his concerns over this trans- act ion and queried Director of Utilities Fonda if such an agreement would jeopardize the City's position in any way. Director of Utilities Fonda assured Council the plaza was more or less a parking lot and spoke confidently that the risk of damage was low. Further, any repair work due to damage was the burden of the li-censee. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 13, SERIES OF 19 85, ON FIRST READING. Council Member Vobejda seconded the mot i on. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Vobejda, Weist, Otis. Nays: None. Absent: Cou nc il Members Bilo, Bradsh a w. The Mayor declared the motion carried. ORDI NANCE NO. SERIES OF 1985 * * * * BY AUTHORITY A BILL FOR * * * COUNCIL BILL NO. 14 INTRODUCED BY COUNCIL MEMBER VOBEJDA AN ORDINANCE APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO , AND THE SYCAMORE OFFICE VENTURE, A COLORADO GENERAL PARTNER- SHIP, TO CONSTRUCT A PLAZA ACROSS THE CITY'S RIGHTS-OF-WAY FOR THE CITY DITCH AT SOUTH PRINCE AND WEST LAKE AVENUE. COUNCIL MEMBER VOBEJDA MOVED TO PASS COUNCIL BILL NO. 14, SERIES OF 1985, ON FIRST READING. Council Member Weist seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Vobejda, Weist, Otis. Nays: None. Absent: Council Members Bilo, Bradshaw. The Mayor declared the motion carried. * * * * * * * I • , • Febr uary 4, 1985 Page 6 • • • City Manager Mccown explained the following resolutions related to filing petitions with the Arapahoe County District Court. The purpose was to file these petitions to exclude Arapahoe County Fair Association property annexed by the City from four special districts and avoid double ta xation and overlapping services . RESOLUTION NO . 6, SERIES OF 19 8 5 A RESOLUTION RELATING TO THE DOUBLE TAXATION OF TERRITORY WITHIN THE CITY OF ENGLEWOOD RESULTING FROM THE OVERLAPPING OF SERVICES PROVIDED BY THE LO CAL GOVERNMENTS AND BECAU S E OF THE ANNEXATION AS IT RELATES TO THE ARAPAHOE COUNTY LAW ENFORCEMENT DISTRICT. COUNCIL MEMBER NEAL MOVED TO PASS RESOLUTION NO. 6, SERIES OF 19 85. Council Member Weist seconded the motion. Upon a call of the ro ll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Vobejda, Weist, Otis. Nays: None. Absent: Council Members Bilo, Bradshaw. The Mayor declared the motion carried. RESOLUTION NO. 7, SERIES OF 1985 A RESOLUTION RELATING TO THE DOUBLE TAXATION OF TERRITORY WITHIN THE CITY OF ENGLEWOOD RESULTING FROM THE OVERLAPPING OF SERVICES PROVIDED BY THE LOC AL GOVERNMENTS AND BECAUSE OF THE ANNEXATION AS IT RELATES TO THE AR APAHOE REGIONAL LIBRARY DISTRICT. COUNCIL MEMBER HIGDAY MOVED TO PASS RESOLUTION NO. 7, SERIES OF 19 85. Council Member Neal seconded the motion. Upon a call of the roll, th e vote resulted as follows: Ayes: Council Members Higday, Neal, Vobejda, Weist, Otis. Nays: None. Absent: Council Members Bilo, Bradshaw. The Mayor declared the motion carried. RESOLU TION NO. 8, SERIES OF 1985 • I • • , • F e bruar y 4, 1985 Pa g e 7 • • • A RESOLUTI ON RELATING TO THE DOUBLE TAXATION OF TERRITORY WITHIN THE CITY OF ENGLEWOOD RESULTING FROM THE OVERLAPPING OF SERVICES PROVIDED BY THE LOCAL GOVERNMENTS AND BECAUSE OF THE ANNEXATION AS IT RELATES TO SOUTH SUBURB AN PARKS AND RECREATION DISTRICT. COUNCIL MEMBER WEIST MOVED TO PASS RESOLUTION NO. 8, SERIES OF 1985 . Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Vobejda, Weist, Otis. Nays: None. Absent: Council Members Bile, Bradshaw. The Mayor declared the motion carried. RESOLUTI ON NO. 9, SERIES OF 1985 A RESOLUTION RELATING TO THE DOUBLE TAXATION OF TERRITORY WITHIN THE CITY OF ENGLEWOOD RESULTING FROM THE OVERLAPPING OF SERVICES PROVIDED BY THE LOCAL GOVERNMENTS AND BECAUSE OF THE ANNEXATION AS IT RELATES TO THE LITTLETO N FIRE PROTECTION DISTRICT. COUNCIL MEMBER VOBEJDA MOVED TO PASS RESOLUTION NO. 9, SERIES OF 1 985. Cou ncil Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Vobejda, Weist, Otis. Nays: None. Absent: Council Members Bile, Bradshaw. The Mayor declared the motion carried. COUNCIL MEMBER HIGDAY MOVED TO DIRECT THE CITY ATTORNEY TO FILE THE PETITIONS IN THE DISTRICT COURT FOR WITHDRAWAL FROM THESE DISTRICTS. Cou n cil Member Neal seconded the motion. Upon a call of the roll, the vote r e sulted as follows: Ayes: Council Members Higday, Neal, Vobejda, Weist, Otis. Nays: None. Absent: Council Members Bile, Bradshaw. The Mayor declared the motion carried. • I • - I February 4, 1985 Pa ge 8 * * * * • • • * * * COUNCIL MEMBER NEAL MOVED TO AUTHORIZE A CONTRIBUTION OF $1,500 FROM AID TO OTHER AGENCIES TO COMMUNITY ARTS SYMPHONY WHICH WAS THE SAME PAYMENT AS GIVEN LAST YEAR. Council Member Higday seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Vobejd a, Weist, Otis. Nays: None. Absent: Council Members Bilo, Bradshaw. The Mayor declared the motion carried. * * * * * * * There being no further business, COUNCIL MEMBER HIGDAY MOVED TO ADJOURN; and Mayor Otis adjourned the meeting without a vote at 8:15 p.m. I • • • • • .. • 6 A Dear Sir/M adame; This letter is written to provide you wit h the info rmati o n regarding the many benefits of allowing Street T reets I c e Cream to operate within the city. HISTORY Dic kie Dee Ice Cream was started in Winnipe g , Manitoba in 1959 with 8 ice cream bicycles. Expansion into the United States began in 1980 under th e name of "Street Treets Ice Cream Limited". In 1985, it is still a f amily owned company which operates more than 1200 ice c ream bicycles in o ver 200 cities and towns a c ross Canada and t he United States . This year Dickie Dee/Street Treets will pay over $1 ,2 50,000.00 to students in the 13 -16 year age group. Di c kie Dee/ S tre e t T reets has been successful because of the positive impact our program has had in so many areas. E.MPLOYMENT 1. Dickie Dee/Street T ree ts employs t hous and s of you n g people in an age gro u p that is very difficult to employ and wh o might o therwise have no hope of wor k ing o r earning extra in come. This is parti c ularly importa nt i n t oday 's economy. 2. We also employ Distributors, rangin g fro m university studen ts to adults and family gro ups. These people operate as independent business people with ou r suppo rt a nd training . Thei r enterprise brings a dded income and bu si nes s a c tivit y into the co mmunit y . TRAINING 1. The young sales people on the bik es a r e provided with a com plete training program which emphasizes safety, but also tea ches all the basics of business life; including the managem nt of inventory, the handling of cash, public relations and salesmanship , setting and achieving goals , and time management. They are also given many rewards, both financial and in terms of recognition, as they mature and succeed. Many of ou r best sales people go on to become distributors when they come of age. Our program is recognized by many social agencies for its value toward personal development in you n g people and we frequently participate in helping di re ctionless teenagers find a purpose and motivation in an otherwis empty summer. Continued ............... . -1-STREET TREETS ICE CREAM LTD . 40 Adel•lde StrMt, Winnipeg, M•nttob9. C9"9dtl R3A OV7 Tml . 204 -M-4148 942..-0 lll&-2151 I • • • • • 2. Our distributors are also given a total s upp ort program that en sures that any individual who wishes to apply themselves can successfully operate a small ice cream business. We supply all equipment and products at very reasonable prices and lend our 26 years o f expertise whenever needed to make things go smoothly. We've had years to develop and refine this program. It works! BENEFITS TO THE PUBLIC 1. Dickie Dee/Street Treets is a public spirited company. We support many public and community eve nts by providing funds for local events and festivities and by assisting in public causes. This year we will be su pporting the Jerry Lewis Telethon to raise money for Muscular Dystrophy through one of our key promotional programs. 2 . The public loves ice crea m. The sight and sound of an ice cream bicycle on a s ummer evening is part of the heritage and social fabric of all communities across Canada and the United Sta tes. Communities where we have ope rated for ye ars woul d not allow such a tradition to cease. Dickie Dee/Street Treets is part of summer everywhere. The sound of ice c r eam bells in the distance is as familiar as the slamming of a screen door. It is a happy event for children and adults. We believe, in fact, we are certain, that the residents in your city or to wn will feel the same way as others across Ca nada and the United States. SUMMARY ( Your city will en j oy a variety of financial and social benefits from having Street Treet vendors on its streets. Our company has a long proven tra c k record in ope rating successful, well managed vending oportunities in hundreds of simil ar communiti s across this country. We want t o be part of your community. Yours Sincerely, 6.?i:!..':74~1.c- Regional Sales Manager RJM/am -2- • I • • r.AI r· L- 2 t ANNIVERSARY EDITIO , 1959 19 crt• m hie clv pvoplt' , • • .. • DICKIE DEE'S FINEST TOP WESTERN CANADIAN SALESMAN 10 GRAND GRAND CLUB GLENN GLOUX has been working fo r Dickie Dee for a number of years and 1984 is his year to shine. Glenn has beat all existing records for Daily, Weekly and Top Total Sales. The turning point for him wa s the week ending August 11th. Until that time he had been running in a neck and neck race with Peter Henderson of Winnipeg fame. Then came Heritage Days -and momentous happenings. On August 5th a new Daily sales record was made of $2299 .60 -INC RE DIBLE! By week end Glenn had chalked up an accumulated Sales To tal of $5020.60! ! UN- BELIEVABLE! Th is effort catapul ted him way ahead of the entire field. Gle nn's final Total for 1984 was $22 ,2 48 .90 . An outstanding year for Glenn. Th is is a super exclusive club for those people who have turned in an outstanding performances in the following areas. Outstanding sales perfor- mance, attitude, appearance, punctuality, depend- ability, safety awareness and assistance to the distributor. As you can see this is a fairly ex- tensive bill to fill. As well as meeting all this criteria, a salespers o n must have worked for Dickie Dee for a minimum of 3 ye ars. Congratulations to these newest members. PETER HENDERSON -WPG. N. GLENN GLOUX -EDM. N.E. SEAN CONNOLLY -FT. McMURRAY.BOB KEHLER -MEDICINE HAT This club wa s formed in 1983 and since that time bigger and better sales efforts have been turned i n by more people. Winners must sell a minimum of $10 ,000.00 ( a Herculean effort ) and sell to the end of the seaso n. This years winners are: GLENN GLOUX -$22 ,249. PETER HENDERSON-18,989. SEAN CONNOLLY-16,522. DANNY SEYTS-15,536. WILLIAM LEVERINGTON 15,263. MOUSTAFA HASHEM ALBERT PIEL EDDY CHOWANIEC RUSSELL FROESE TODD SCHUTZ MICHAEL HARTNER $14,463. 12,736. 10,517. 10,434. 10,008. 10,001. J\ltn:>ugh you don't see these sales each week in the SPOI<E,these sales F-eQple are out early in the spring to late fall supplying the areas of Surrey am. surrourxling areas with ice cream. '111is year's top truck salesman is once again R:N EIKENBERRY. Ron has been selling for 10 years with Dickie Dee arxi maintainin:J his excellent sales performance. '111is year Ron sold an average of $338.00 per day for 169 days totalling $65, 576. WELT. ~ R'NI I • I • • • • The names listed above are the top 24-5% Bonus Winners . This .. 5% BONUS WINNE RS year Head Office spent a total of $3 1778. 16 over 1700 Bonu s Che ques to 640 different salespeople. This does not include sales from Ft. McMurray, Saskatoon, and Regina. These centres had a program of their own . PET ER HENDERSON GLENN GLOUX TONY HENDERSON BlLL LEVERIN GTON MOUSTAFA HASHEM DAVE KUZIAK RUSSELL FROESE TREVOR McKEITH RAYMOND DIEROLF RUSSELL HATCHERD ALBERT PIEL RAPINDER SANGHERA Winnipeg Edmonto n Winnipeg Edmonton Edmonton York ton Winnipeg William s Ri c hmond Winn i peg Edmonto n Richmond North N.E. North N.E. N.E. North Lake South N.E. $9Dl.13 761. 8 4 471.35 458.44 452.66 358.44 352.8 2 34 1. 24 324. 70 319.24 302.34 282 .50 SHI LOH COSTA ED CRAIG TODD SCHUTZ PERRY RHSTER MARK WILLIMENT TREVOR LANSDOWNE MICHAEL BUSCH TAYLOR COLLINS DAVID HARDY EV ERE TTE HAA CKE ALAN LANSDOWNE KUDLIP SANDHY Sur rey $281. 36 Richmond 279.85 Richmond 26 8 .75 Edmonton N.W. 229.07 Brandon 226.93 Victo ria 224.30 Brand on 215.42 High River 211.74 Raymond 210. 77 Kamloops 209 .50 Victo r ia 209 . 10 Thompson 203 .38 TOP CITY SALES This is a new club to honour the top sales person in each city. Regular good sales pe r fo r mance, workin g 5 days to receive the bonus cheque , put tin g in that extra effort and selling a minimum of $3000.00 are the crite ria the follo wi n g winners have met. DAVE KUZIAK Yorkton GA RY McINTYRE Sas kato on MIKE JEHA Calgary RUSSELL HATCHERD Winnipeg South TRE VOR McKEITH Williams Lake SEAN ANDERSON Edmon t on South NCE PERE IRA Thom pson lLOH COSTA Sur rey JIM AMSDEN Richmond LES LAMPKIN Winnipeg Ce ntral TREVO R LANDSOWNE Victoria MARK WlLLlMENT Brandon BOB 7.ACH FR Bismarck EDDY N!Sl Prince George CAROL TREVOR Penticton HARDEV VIRK Ma c kenzie PFRRY REISTE R Edmonton N.W. f.BRAllUt REHMTULLA Squami sh $9 366. 8668 . 8366. 7746. 6948 . 6945. 6828. 6779 . 67 33 . 664 7 . 6500. 61 94. 6006. 5295. 5200 . 5090. 4972. 4826. JEROME ROZITIS Vancouver Beaches PAUL MAR QUES Red Deer BRUCE TH!ELE Vernon JOEL SERLIN Winnipe g Beach EVERETTE HAACKE Kamloops DAVID HARDY Raymo n d TAYLOR COLLINS High River JORDY OVIATT Edson TREVOR HEPFNER Medicine Hat DANNY GRAVEL Lloydminster JAMES BARTLEY Selkirk CURT IS DZIW EN KE S herwo o d Park ROY MA JOR Porta~e ROGER HENDRICKSON Prince Albert MARK KUPPE Spruce Grove JOHN ADDISON Nanaimo HOWARD S EMENOFF Grand Forks SUZ ANNE TOUCHETTE Morinville CINDY RlTZ Edmonton Millwoods HISTORY continued from back page I • 1-The maintenance of an aggressive and progressive approach to mobile i ce c ream vending thro ugh ou t Cana da and the United States. 2-The continuing xpa nsion of new and exciting revolutionary products in the i ce c ream novelties f ield. 3-The est blishment of alternative l ocations to enjoy ice cream through the Dickie Dee family, such as Dee-L iktables, the Ice Cream and Food experience . 4-lhe exp ns ion to markets in other part s of th world. A11 M1. Dvo r ch k tn It lf." id, "\Jhal th B rish family h don since 1959 is hiGtory 4~55 4447 4443. 4425. 4386. 4 38 l. 4 2 2 7. 4219. 4157. 3824. 3752. 3748 3486. 3221. 3158. 2 8 7. 2709. 268'.J. 2600. I • f • • • HISTORY The Barish family has owned Dickie Dee sin ce 19 59. During that 25 years, over 83,500 young people have enjoyed the experience of selling outdoo r s on a Dickie Dee bike. The compa ny now operates in almost every c ity and t own of over 5 ,000 in population, from Vancouver Island to Ne wfo undland a nd ma n y areas of the United Sta t es. We have well over 25 0 di s tributers. So how did Dickie Dee grow from 8 bikes in 1959 to the size it is t oday , you ask? 1957-A spunky, enthusiastic, curly haired 14 year old, bike rider, salesman extraordinaire, named Earl Joel Barish, had a notion the family might make a living from this ice cream business. 1959-Dickie Dee is for sale ..... Enter the Barish family. 1959-A successful 8 bike operation in Winnipeg 1960-A successful 12 bike operation in Winnipeg 1961-Barish family makes commitment to purchase 75 bikes over 3 year s. (Wow, there is business to be had out there!) 1962-Expansion into Alberta. 1963-Expansion into British Columbia . 1968-Dickie Dee moves East ..... Bikes on the street in Ontario. 1968-79-Continuing expansion through Eastern and Western Canada. 1979-The establishment of Dixie Dee l e e Cream in part of the United States. 1980-Establishment of Street Treets Ice Cream Ltd. in other parts of the United States. 1981-Expansion into the Maritimes. 1984-25th s uccessful year of Dickie Dee I ce Cr eam and the creation of "Dickie Dee" o ur Intergalactic Space Fleet Co mmand er who arrived from the galaxy Adromeda. So wh ere did a name like Dickie Dee com e from, you ask? Over the many years there has been over 30 different r e nditions t o this question. The business is fun and the name has con j ured up some of the wildest and most hilarious yarns imaginable. Who knows we may have to wait unt il the SOth anniversary to get the real truth! lt all start din 1949 when Sam Dvorchak, at 30 years of age, returned from overseas and ended up in Vancouver looking for work. He found an ice cream bike kicking around, rode it, sold well, and decided there was a future for this bus- iness. Sound familiar? Some things never change. But the name, where did the name Dickie Dee come from? Well, while Mr. Dvorchak wa s Jn the army he had a sergeant who could not pronounce his l st nam . To make life simple all around he nded up calling him Mr. D. Wh n asked where the Dicki came from Mr. D replied "Well , it just rhym d with D." Wheth r this is the true story or not, it is the Barishs' story. Mr. Dvor hak who runs a 11.ift shop in the Circus Circus Hotel in Las Vegas and Syd Clow, th for- mer owner of Dickie Dee pre 1959 , p r obably hav their own stori s. But w all know the fun we have with th name Dicki D e would never be the s m if th r al truth were known. So what do you do now, you ask? W 11, th r re m ny differ nt alt rn tiv that are both happening and being explor d cu rr ntly. !continued on inside page j I • • • • 9-4-1: • • • EXCE RP T FROM E GLEWOOD MU 1 l CT PA L CO DE 9-4-4 SALES FROM VEHICLES PROHIBITED It shall be unlawful for any person to sell, offer for sale, peddle, hawk or distribute ice cream, frozen milk, frozen dairy or ice confection products, cold drink s. candy, gum or other confection products, from vehicles on the streets, alleys or other public places in the City . (1962 Code,§ 17.3) 9-4-2: DEFINITION OF VEHICLE The term "vehicle" shall include every device in, upon or by which any person or property is or may be transported or drawn upon the public streets, irrespective of the source from which the power to propel said vehicle may come, and irrespective of the number of wheels of said vehicle. (1962 Code , f 17 .3-1) 9-4-3: EXCEPTIONS Sections 9-4-1 and 9-4-2 shall not apply to the following deliveries : (a) Deliveries to a dwelling as a result of a prior order therefor made by the occupant of any dwell ing; (b) Deliveries by licensed businesses of food product s to employees of commercial, construction sit es and indu strial establishments . (Ord . No . 70, § I. Series 1981) 9-4-4 : DELIVERY AND SALE TO RESIDENTS An y and all delivery veh icles which se ll and deliver foods, goods or services at retail prices dir ect to res idences in the City of Englewood , and which ar e representing bus inesses or firms located outside the City li mit s, shall be sub1ect t o a tax of fifty dollars (SSO.) for each delivery vehicle so engaged . (Examples of such an operation arc dairies, dry cleaners and laundries, and home bakery delive ries .) (Ord . No . 46 , § l, Series of 1980) 291 ll l ,112 I • • , • • • ,. • P R 0 C L A M A T I 0 N ------------ WHEREAS, effective and efficient volunteer agencies are needed to help meet the basic human care needs of our growing population; and WHEREAS, since 1898, Volunteers of America has been actively serving the human care needs of Coloradans; and WHEREAS, the mission of Volunteers of America is to serve those vulnerable segments of the population in need of assistance including the very young, the old, the transient, victims of violence, families in crisis, the handicapped, the homeless, the poor; and WHEREAS, during 1984, the Volunteers of America Senior's Nutrition Program based at the Malley Senior Recreation Center, fed a considerable number of Englewood's elderly citizens, and Volunteers of America Foster Grandparents unselfishly gave love and attention to students in a special education class of Englewood High School; and WHEREAS, in 1984, these Englewood volunteers join with the Volunteers of America to give selflessly of themselves in order to help other people; and WHEREAS, Volunteers of America, its employees and volunteers, exemplify the very best qualities of Americans, regardless of race, religion or national origin; and WHEREAS, on March 8, 1985, Volunteers of America will be celebrating the 88th anniversary of its founding; NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood do hereby proclaim March 3 -10, 1985, as VOLUNTEERS OF AMERICA WEEK in the City of Englewood, Colorado. GIVEN under my hand and seal this 19th day of February, 1985. MAYOR • I • • • • - 8 WHEREAS, effective and efficient volunteer agencies are needed to help meet the basic human care needs of our growing population; and WHEREAS, since 1898, Volunteers of America has been actively serving the human care needs of Coloradans; and WHEREAS, the mission of Volunteers of America is to serve those vulnerable segments of the population in need of assistance including the very young, the old, the transient, victims of violence, families in crisis, the handicapped, the hom eless, the poor ; and WHEREAS, during 1984, the Volunteers of America Senior's Nutrition Program based at the Malley Senior Recreat ion Center, fed a considerable number of Englewood's elderly citizens, and Volunteers of America Foster Grandparents unselfishly gave love and attention to students in a special education class of Englewood High School; and WHEREAS, in 1984, these Englewood volunteers join with the Volunteers of America to give selflessly of themselves in order to help other people; and WHEREA S, Volunteers of America, its employees and volunteers, exemplify the very best qualities of Americans, regardless of race , r eligio n or national origin; and WHEREAS, on March 8, 1985, Volunteers of America will be celebrating the 88th anniversary of its founding; NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood do hereby proclaim March 3 -10, 1985, as VOLUNTEERS OF AMERICA WEEK in the City of Englewood, Colorado. GIVEN under my hand and seal this 19th day of February, 1985. • I • • • • • - 9 A BY AUTHORITY ORDINANCE NO. I~ SERIES OF 1985 COUNCIL BILL NO. 13 INTROOUCm BY COUNCIL MEMBER NEAL AN ORDINANCE APPROVING A LICENSE AGREEl"IENT BE'lWEEN THE CI TY OF ENGLEWOOD, COLORADO, AND THE CHEROKEE CORPORATION FOR INSTALLATION OF STORM SEl'lERS AND PLAZA IMPROVE11ENTS l\CROSS THE CITY'S RIGHTS-OF- WAY FOR THE CITY DITCH AT THE NORTHEAST CORNER OF PRINCE STREET AND WEST LAKE AVENUE. WHEREAS, '!he O'lerokee Corporat i on wi shes to install a 12-inch storm sewer and an 18-inch FCP storm sewer across the 54-inch pipe constructed for the City Ditch as well as plaza improvanents across the City's rights-of-way for the City Ditch at the northeast corner of Prince Street and West Lake Avenue, in the City of Littleton, County of Arapahoe, State of Colorado; and WHEREAS, the License Agreanent provides for this installation under certain stipulations and conditions; NCM, THEREFORE, BE IT ORDAINID BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLCMS: Section 1. '!he City Council hereby approves the License Agreanent between the City of Englewood, Colorado, and '!he O'lerokee Corporation for installation of a 12-inch storm sewer and an 18-inch fCP storm sewer which straddle the 54-inch pipe constructed for the City Ditch and for plaza improvanents across the City's rights-of-way for the City Ditch at the northeast corner of Prince Street and West Lake Avenue. A copy of said Lice nse Agreanent is attached hereto and incorpor ated herein by reference. Section 2 . City Council hereby authorizes the O'la irman of the Englewood water and Sewer Board and the Director of Utilities to sign said License Agreanent on behalf of the City of Englewood. Introduce::l, read in full, and passed on first reading on the 4th day of February, 1985. Published as a Bill for an ordinance on the 6th day of February , 1985. Read by title and passed on final reading on the 19th day of February, 1985. • I • • • • • • Published by title as Ordinance No. ___ , Series of 1985, on the 20th day of February, 1985. Attest: Eugene L. otis, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of E}'}glewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1985. --- Gary R. Higbee 2 I • • - ( • • • • LICENSE AGREEMENT THIS AGRE E MENT, made end entered into es of the day of , 198 _, by end between the CITY OF ENG•_EWOOD, A Municipal Corporation of Color ado, hereinafter referred to as "City" and the Cherokee Corporation, a Corporation registered in the State of Colorado, hereinafter referred to as "Li censee". WIT NESSETH: The City without any warranty of its title or interest whatsoever, hereby authorizes Licensee, its successor, assigns, to install two 1torm sewers across the City's rights-of-way for the City Ditch: EASEMENT NO. 1 LEGAL DESCRIPTION For en 18-inch RCP storm sewer, a 1trip of land 20.00 feet in w id t h si tuate d in that part of the west half of the Northwest Quarter of the Northwest Qua r ter of the Northwest Quarter of Section 21, Township 5 South, Range 68 Wes t of the 6t h principal meridian , C it y of Littleton, County of Arapahoe, State o f C o lorado, de sc r ibed es follows: Beginning at a point whence the northwest corner of said Section 21 be a rs S 8 2°51 '41" W a distance of 146.18 feet; Thence N 44°54'04" E a distance of 20.00 feet; Thence S 45°05'56" E a dis t ance of 45.35 feet to the nor t hwes t corner of Sycamore Hil l, a subdivi s ion recorded Oct ob e r 15, 1984, in Plat Book 79 a t page 8 a nd a s Rec ept io n No . 246 2 303; Thence S 22°52 '04" W a long the we s terly line of said subdivision a distance o f 21 .58 feet ; The nce N 4 5°05'56 " W a d ist a nc e o f 53.44 feet to the po int of be gi nn ing; C o ntaini ng 988 squa re feet or 0.023 a c re , mo re or less. E AS E MENT NO. 2 LEGAi_ DESCRIPT ION for a 12-inch storm sewer, a strip of land 20.00 feet in width situated in that part of the west half of the Northwest Quarter of the Northwest Quarter of the Northwest Quarter of Section 21, Township 5 South, Range 68 West of the 6th Principal Meridian, City of Littleton, County of Arapahoe, State of Colorado, described as follows: Beginning at a point; whence the north west corner of said Section 21 bears N55°44'40" W a distance of 138.04 feet; Thence S 37°07'56" E a distance of 47.12 feet to a point on the westerly line of Sycamore Hill, a subdivision recorded October 15, 1984, in Plat Book 79 at Page 8 • I • • - • • • -2- and as Reception No. 2•162303, said point lying S 22°52'04" E from the northwest corner of said subdivis ion; Thence S 22°52'04" W along the said westerly line a distance of 23.10 feet; Thence N 37°07'56" W a distance of 58.66 feet; Thence N 52°02'04" E a distance of 20.00 feet to the point of beg inning; Containing 1,058 square feet or 0.024 acre, more or less. All bearings are based on the plat of Sycamore Hill prepared by VTN Colorado, Inc. January 22, 1985 1. Any construction contemplated or performed under this License shell comply with and conform to standards formulated by the Director of Utilities of the City and such construction shall be performed and completed according to the plan and within the tolerances given on the City's drawing, Dr. , No. --J consisting of one sheet, a copy of which ia attached hereto and made a part hereof. 2. The Licensee shall notify the City's Director of Utilities at least three (3) days prior to the time of commencement of the construction of, or any repairs made to, Licensee's 12 inch storm sewers and plaza improvements so that the City may, in its discretion, inspect such operations. 3. Within thirty (30) days from the date of the commencement of construction of said 12 inch storm sewers and plaza improvements the Licensee shall complete such construction, place and maintain permanent, visible markers, of a type and at such locations as des ignated by the City's Director of Utilities, referr ing to the centerline of the installation and shell clear the crossing area of all construction debris and restore the area to its previous condition as near as may be reasonable. In the event the placing of the centerline markers and the clearing and restoration of the crossing area is not completed w ithin the time specified, the City may complete the work at the sole expense of the Licensee. 4. The City shall have the right to maintain end repair the City Ditch or any other of its facilities or installations w ithin the City's rights-of-wa y , at any time and in such manner as the City deems necessary or convenient. The City reserves the exclusive right to control all easements and installations. In the event the 12 inch storm sewers and plaza improvements should interfere with any future use of the City's rights-of-way by the City, the Licensee shall, upon request and at its sole expense relocate, rearrange, or remo ve its installat ions so as not to interfere with any such use. 5. 6. Any repa ir or replacement of any City installation made necessary, in the opinion of the City's Director of Utilities because of the construction of the 12 inch storm sewers, plaza improvements and other appurtenant installations thereof, shall be made at the sole expense of the Licensee. The stipulation and conditions of this License shall be incorporated into contract specific ations if the construction herein authorized is to be done on a contract basis. • I • • ( • • • • -3- 7. The rights and privileges granted in this License shall be subject to pr ior agreements, licenses and/or grants, recorded or unrecorded, end it shell be the Licensee's sole responsibility to determine the existence of said documents or conflicting uses or installations "provided the City represents that is is not e party to any other unrecorded agreements, licenses or grants affecting the property described herein, and to the best of the knowledge of the undersigned officials of the City there are no 1uch unrecorded agreements, licenses or grants executed by the City's predecessor in title." B. The Licensee shell contact and fully cooperate with the City's ditch foreman end the crossings shell be made without interference with any lawful, usual or ordinary flow of water through the City Ditch. Licensee shall assume ell risks incident to the poasible presence of such waters, or of storm waters, or of surface waters in the City Ditch. 9. All trenches within the City'• rights-of-way shell be backfilled end tamped to the original ground line in layen not to exceed six (6) inches loose measure to a compaction of ninety per cent (90'lli) Standard Proctor Maximum Dens ity . 10. Licensee, by acceptance of this license, expressly assumes full end strict liability for any and all damages of every nature to persons or property caused by water from the ditch leaking through, or breaking through the ditch banks or pipeline at the point or points where the Licensee performs any work in connection with the crossing provided by this license. The Licensee assumes responsibility for maintenance of the installation for e period of one year, whereupon all interest, liability and control is conveyed to the City. 11. Licensee shell indemnify end save harmless the City, its officers and employees, against any end all claims, damages, actions or causes of action and expenses to which it or they may be subjected by reason of said 12 inch storm sewers and plaza improvements being within and across the premises of the City or by reason of any work done or omission made by Licensee, its agents or employees, in connection with the construction, replacement, maintenance or repair of said installation. 12. It is expressly agreed that in case of Licensee's breach of any of the wit hin promises, the City may, et its option, have specific performance thereof, or sue for damages resulting from such breach. 13. Upon abandonment of any right or privilege herein granted, the right of Licensee to that extent shell terminate, but its obligation to indermify end save harmless the City, its officers and employees, shall not terminate in any event. 14. The Licensee will grant e 25' right-of-way easement to the City, for the City Ditch, upon the filing of the Final Plat for West Lake Terrace. 15. "If said 54 inch RCP is replaced or supplemented by an additional water conveyance device, the licensee reserves the right to grant an alternate easement location for said water conveyance device. Any additiona l expense incurred by using en alternative easement location over and above the expense of using the existing easement locations will be borne by licensee." • I • • ' ( ... • • • -4- In granting the above authorization, the City reserves the right to make full use of the property involved as may be necessary or convenient in the operation of the water works plant and 1ystem under the control of the City. In WITNESS WHEREOF, this instrument has been executed as of the day and year first above written. APPROVED: Stewart Fonda Director of Utilities APPROVED AS TO FORM: City Attorney CITY OF ENGLEWOOD acting through and by its Water and Sewer Board By: _ ___,=--=----------Chairman THE CHEROKEE CORPORATION By: _ __,,,.--,-,--------~ President I . ( • PREPllREO BY•~ CATE•~ m colo•odo , Inc . • • • o . • n .. ,.. "' -. .. :!: • o. SYCAMORE HILL STORM DRAINAOE EASE MIENTS 0~( O(NV(l HIGHLANDS . 10375 E ·-~AAYAAO, SUIT[ 207, D[llYEl_, COl!aADO eozu • I • • r I • ORDINAOCE NO. /$ SERIES OF 1985 • • • BY AlJrHORITY COUl'CIL BILL NO. 14 INTRODUCED BY COUNCIL MEMBER VOBFJDA AN ORDINAOCE APPROVING A LICENSE AGREEMENT BE'IWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE SYCAMORE OFFICE VENTURE, A COLORADO GENERAL PARTNERSHIP, TO CONSTRU:::T A PLAZA ACROSS THE CITY'S RIGHTS- OF-WAY FOR THE CITY DITCH AT SOUTH PRINCE AND WEST LAKE AVENUE. WHEREAS, 'Ille Sycamore Office Venture, a Colorado general partnership, desires to construct a plaza across the City's rights- of-way for the City Ditch at South Prince and \'Est Lake Avenue in the City of Littleton, County of Arapahoe, State of Colorado; and WHEREAS, the License Agreenent provides for this construction under certain stipulations and conditions; NCM, THEREFORE, BE IT ORDAINED BY THE CITY COUl'CIL OF THE CITY OF ENGL&JOOD, COLORADO, AS FOLLCMS: Section 1. The City Council hereby approves the License llgreenent between the City of Englewood, Colorado, and 'Ille Sycamore Office Venture for construction of a plaza across the City's rights-of-way for the City Ditch in the Plat of Sycamore Hill, in the City of Littleton, County of Arapahoe, State of Colorado . A copy of sa id License Agreenent is attached hereto and incorporated herein by reference . Section 2. City Council hereby authorizes the Olairman of the Englewood water and Sewer Board and the Director of Utilities to sign said License Agreenent on behalf of the City of Englewood. Introduced , read in full, and passed on first reading on the 4th day of February , 1985. Published as a Bill for an ordinance on the 6th day of February, 1985. Read by t itle and passed on final reading on the 19th day of February, 1985. • 9 f I • • • • • • • Published by title as Ordinance No. ___ , Series of 1985, on the 20th day of February, 1985. Attest: Eugene L. Otis, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the Ordinance passed on final reading and publishe:i by title as Ordinance No. , Series Of 1985. --- Gary R. Higbee 2 ' I • • • , • • • - LICENSE AGREEMENT THIS AGREEMENT, made and entered into as of the day of , 198 _, by and between the CITY OF ENGLEWOOD, a Municipal Corporation of Colorado, hereinafter referred to as "City" and "The Sycamore Office Venture, a Colorado General Partnership" registered in the State of Colorado, hereinafter referred to as "Licensee". WITNESSETH: The City without any warranty of its title or interest whatsoever, hereby authorize~ Licensee, its successor, assigns, to construct a plaza across the City's rights-of-way for the City Ditch: EASE ME NT NO. I LEGAi_ DESCRIPTION A strip of land 25 feet in width situated in that part of the west half of the Northwest Quarter of the Northwest Quarter of the Northwest Quarter of Section 21, Township 5 South, Range 68 West of the 6th Principal Meridian, City of Littleton, County of Arapahoe, State of Colorado. Being a portion of Sycamore Hill, accordin g to the plat recorded October 15, 1984 in Book 79 at page 8 and as Reception No. 2462JOJ and being more particularly described as follows: Beginning at a point on the westerly line of said Sycamore Hill, whence the northwest corner thereof bears N 22°52 1 04 11 E a d i stance of 349.04 feet and whence the northwest corner of said Section 21 bears N 09°4J'0811 W a distance of J25.B1 feet; Thence so utherly along a curve to the left having a radius of 135 feet, a central angle of J5°21 '07", an arc length of BJ.JO feet and a chord which bears S 08°15'02" E a distance of 81.98 feet to a po int of tangent; Thence S 25°55'J5" E a dis tance of 208.25 feet to a po int of curve; Thence southwesterly along a curve to the right having a radius of JJJ.J1 feet, a central angle of 06°56'216", an arc length of 40.JB feet and a chord which bears ·s 22°27'22" E a distance of 40.J5 feet to a po int on the north right-of-way line of West Lake Avenue; thence S 89°5J 1 12" W along said right-of-way line a distance of 26.54 feet; Thence northwesterly along a curve to the left having a radius of JOB.31 feet, a central angle of 05°20 140", an arc length of 28. 76 feet and a chord which bears N 2J0 15'15" W a distance of 28.75 feet to a point of tangent; Thence N 25°55 1 J5" W a distance of 208.2 5 feet to a point of c urve; Thence northwesterly a long a curve to the right having a radius of 160 feet; a central angle of 13°56 1 23 11 , an arc length of J8.9J feet and a chord whi ch bears N 18°57 1 24" W a distance of JS.BJ feet to a point on the westerly line of said Sycamore Hill; I • • • ' • • • - -3- property described herein, and to the best of the knowledge of the undersigned officials of the City there are no such unrecorded agreements, licenses or grants executed by the City's predecessor in title." 8. The Licensee shall contact and fully cooperate with the City's ditch foreman and the crossings shall be made without interference with any lawful, usual or ordinary flow of water through the City Ditch. Licensee shall assume all risks incident to the possible presence of such waters, or of storm waters, or of surface waters in the City Ditch. 9. All trenches within the City's rights-of-way shall be backfilled and tamped to the original ground line in layers not to exceed six (6) inches loose measure to a compaction of ninety per cent (90%) Standard Proctor Maximum Density. 10. Licensee, by acceptance of this license, expressly assumes full and strict liability for any and all damages of every nature to persons or property caused by water from the ditch leaking through, or breaking through the ditch banks or pipeline at the point or points where the Licensee performs any work in connection with the crossing provided by this license. The Licensee assumes responsibility for maintenance of the installation for a period of one year, whereupon all interest, liability and control is conveyed to the City. 11. Licensee shall indemnify and save harmless the City, its officers and employees, against any and all claims, damages, actions or causes of action and expenses to which it or they may be subjected by reason of said 12 inch storm sewers and plaza improvements being within and across the premises of the City or by reason of any work done or om iss ion made by Licensee, its agents or employees, in connection with the construction, replacement, maintenance or repair of sa id installa tion. 12. It is expressl y agreed that in case of Licensee's breach of any of the within promises, the City may, at its opt ion, have speci fic performance thereof, or sue for damages resulting from such breach. 13. Upon abandonment of a ny right or priv il ege herein granted, the right of Licensee to that extent shall terminate, but its obligation to indemnify and save harmless the City, its officers and employees, shall not terminate in any event. 14. The Licensee will grant a 25' right-of -wa y easement to the City, for the City Ditch, upon the filing of the Final Plat for West Lake Terrace. 15. "If said 54 inch RCP is replaced or supplemented by an add itional water conveyance device, the licensee reserves the right to grant an a lternate easement location for said water conveyance device. Any add iti ona l expense incurred by using an alternative easement location over and above the expense of using the existing easement locations will be borne by licensee." In granting the above authorization, the City reserves the right to make full use of the property involved as may be necessary or convenient in the op eration of the water works plant and system under the control of the Ci ty. • I • • - • I ,, • • • • -4- In WITNESS Wl-£REOF, this instrument has been executed as of the day and year first above written. APPROVED: stew art r onda Director of Utilities APPROVED AS TO FORM: City Attorney CITY OF ENGl_Ewooo acting through and by its Water and Sewer Board By:.~~------~~~~~~~~ Chairman Tl-£ SYCAMORE OFFICE VENTURE I • • • • • JOB NO. 5284 -006 A STRIP OF LAND 25.00 FEET IN WIDTH SITUATED IN THAT PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 21. TOWNSHIP 5 SOUTH. RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN. CITY OF LITTLETON. COUNTY OF ARAPAHOE. STATE OF COLORADO . BEING A PORTION OF SYCAMORE HILL, ACCORDING TO THE PLAT RECORDED OCTOBER 15. 1984 IN BOO K 79 AT PAGE 8 AND AS RECEPTION NO. 2462303 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID SYCAMORE HILL. WHENCE THE NORTHWEST CORNER THEREOF BEARS N 22"52'04" E A DISTANCE OF 349.04 FEET AN D WHENCE THE NORTHWEST CORNER OF SAID SECTION 21 BEARS N 09"43'08" WA DISTANCE OF 325.81 FEET: THENCE SOUTHERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 135.00 FEET. A CENTRAL ANGLE OF 35"21 '07" AN ARC LENGTH OF 83.30 FEET AND A CHORD WHICH BEARS S 08"15 '02" E A DISTANCE OF 81.98 FEET TO A POINT OF TANGENT: THENCE S 25"55'35" E A DISTANCE OF 208 .25 FEET TO A POINT OF CURVE : THENCE SOUTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 333.31 FEET. A CENTRAL ANGLE OF 06 °56 '26", AN ARC LENGTH OF 40. 38 FEET AND A CHOR D WHICH BEARS S 22°27'22" E A DISTANCE OF 40.35 FEET TO A POINT ON THE NORTH ~ RIGHT-OF-WAY LINE OF WEST LAKE AVENUE : ( • THENCE S 89"53'12" W ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 26 .54 FEET: THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 308.31 FEET, A CENTRAL ANGLE OF 05°20'40", AN ARC LENGTH OF 28.76 FEET AND A CHORD WHIC H BEARS N 23"15'15" WA DISTANCE OF 28 .75 FEET TO A POINT OF TANGENT : THENCE N 25°55'35" WA DISTANCE OF 208.25 FEET TO A POINT OF CURVE: THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 160.00 FEET: A CENTRAL ANGLE OF 13"56'23", AN ARC LENGTH OF 38.93 FEET AND A CHORD WHICH BEARS N 18°57'24" W A DISTANCE OF 38 .83 FEET TO A POINT ON THE WESTERLY LINE OF SAID SYCAMORE HILL: THENCE N 22"52'04" E ALONG SAID WESTERLY LINE A DISTANCE OF 60.04 FEET TO THE POINT OF BEGINNING: CONTAINING 7.503 SQUARE FEET OR 0 .172 ACRES, MORE OR LESS . BEARINGS ARE BASED ON THE PLAT OF SYCAMORE HILL . PREPARED BY VTN COLORADO. INC . JANUARY 22. 19P5 I . • • • • b• 13°,,·2:5'' R • 160.00' L •.3893' CH •N 19°~7 '24 "W 38 .83 ' SYC AMORE HILL DITCH EASEMENT 1 'u:uit en:; n ''Hl nVEv o ns ~ ·r •.Jt oru"1 ".i:C 90U• 130ll')i.t 1'' • w. I • • AVE . (60') • I. CALL TO ORDER. • • • URBAN RENE.WAL AUTHORI1Y January 9, 1985 9 The regular meeting of the Urban Renewal Authority was called to order by Vice-Chairman Novicky at 5:35 P. M. Members presen t: VanDyke, Cole , Minnick, Novicky, Tatton Mcintyre, Non-voting Alternate Powers, Executive Director Members absent: Voth, Neal Also present: Assistant Director Wm . Richard Hinson Relocation Officer Judith Belna p City Manager McCown Councilman James Higday Civil Engineer Densel Ragland Legal Counsel James M. Harm and Marlin D. Opperman II. APPROVAL OF MINUTES. December 5, 1984 Mr. Novicky stated that the Minutes of De cem ber S, 1984, were to be considered for approval. VanDyke moved: Minnick seconded: The Minutes of December 5, 19811 be approved as written. AYES: Cole, Minnick, Novic ky, Tatton, VanDyke NAYS: None ABSENT: Voth, Neal ABSTAIN: None The motion carried. * * * * * Ms. Powers stated that there were several items that should be discussed in Executive Session with the legal counsel. Minnick moved: Tatton seconded: The Urban Renewal Authority go into Executive Session. AYES: Cole, Minnick, Novicky, Tatton , VanDyke NAYS: None ABSENT: Neal, Voth ABSTAIN: None * * * * * • I • • • • • - -3- tion on the amount of payment t o be made; if a lot of the invento r y is sold prior to the mov e , th en a reduced amount would be paid on th e claim . Further discussion ensued. Tatton moved: Cole seconded: AYES: Novicky, NAYS: None ABSENT: Voth, ABSTAIN: None The Urban Ren ewal Authority approve and a utho riz e pay- ment up to $719.00 , with the amount of the outstanding utility bill to be deducted from this amou nt. Tatton, VanDyke, Co le, Minnick Neal The motion ca rried. V. RELOCATION CLAIM APPEAL. Queen City Candy Company Ms. Belnap introduced Mr. Paul Stuber, and Mr. and Mrs. Tim Flanigan. Mr. and Mrs. Flanigan own the Qu een City Candy Com pany , and Mr . Stub er is legal counsel for the Flaniga n s. Ms. Belnap s tat e d that her under - standin g is that Mr. and Mrs. Flanigan wish to appeal the Authority's determinatio n that $2 7,000 for tenant finish at the new location is not com pe nsa ble . Mr. Stuber discussed the difficulty in finding a property that is finished properly to accommodate the o p eration of a candy kitchen. Mr . and Mrs. Flanigan hav e leased a proper t y in the 4300 block of South Broadway , a nd have o p e n ed a retail outlet at this location ; the r e is s uff icient r oom a t the rear of this retail area to install the candy kitchen; however, there will have to be extens ive remodeling and finishing to meet the c urrent Tri-County Health and City Codes. Mr. Stuber r e iterated that one of the great asset s the Ca ndy Compa ny had at the Acoma St r eet address was the "grandfather clause" as it ap- plied to code changes; this cannot be used, and they must meet all the new codes. Mr. Stuber stated that there is a big difference between "movin g", and "being able to operate". Ms. VanDyke pointed out that it appears a lot of equipment has had to be replaced; has this equipment been sold. Mrs. Flanigan stated that the kitchen is s till operating from the South Acoma Street address; she pointed out that if a piece of equipment is moved 20 feet, it becomes obsolete. Ms. Belnap pointed out that the equipment cannot be sold; no one would buy obsolete equipment when they are aware of the new requirements for such equipment. Discussion ensued. The appeal on the suggested allowance for obsole te equipment was then considered. Mr. Flanigan stated that it will be a great hardship o n them to have to pur chase all new equipment to meet the current codes. Mr. Stuber stated that his clients feel it is appropriate to ask for the full $19,726 in replacement costs for the obsolete equipment • • I • • • • • - -2- Minnick moved: Cole seconded: The Urban Renewal Authority come out of Executive Session . AYES: Minn ick, Novicky, Totton, VanDyke, Cole NAYS: None ABSENT: Neal, Voth ABSTAIN: None The motion car ried. III . RELOCATION CLAIM . Ali Baba Restaurant * * * * * Discussion o n this relocation claun request ensued. Minnick moved: Tot t on seconded: The Englewood Ur ba n Renewal Authority approve payment of $6,500.00 for the relocation claim filed by the representativ es of the business formerly located at 3378 So uth Acoma St r eet; due t o the multitude of claimants for these reloca tion benefits , the Authority di r ects that payment be made to Ara pahoe Di st rict Court and interpleaded by legal counsel, the Cou rt to have respo n sibility for dispos ition o f the funds . AY ES : Novicky , Totton , VanDyke, Cole , Minnick NAYS: No ne ABSENT: Neal, Voth ABSTAIN: None The motion carried . IV . RELOCATION CLAIM . ielson Investment Ms. Belnap presented a relocation claim filed by Nielson Investment; this payment would be for cartag e e xpenses o nly. Mr. Hinson noted that there is a minor utility charge incurred by KPK Investments prior to th e purchas e o f this property by the Urban Renewal Authority, which utility charge has not b e en paid. Mr . Hinson suggested that this should be deducted fro m wh atever relo cation benefit is deter- mined by the Authority. Mr. Novicky stated that he has noticed advertisement of sale of office furniture from this buslness; if this furniture is sold , and this pay- ment ls made based on an estlmate f o r a given amount of material to be moved, would the Authority be paying to relocate items that are no longer in the possession of the property owner . Discussion ensued. Ms. Belnap suggested that the Authority might want to approve payment of the full amount, and leave it to staff determina- • I • • ' • • • .. • -3- tion on the amount of payment to be made; if a lot of the inventory is sold prior to the move, then a reduced amount would be paid on the c laim. Further discussion ensued. Totton moved: Cole seconded: The Urban Renewal Authority approve a nd a uthorize pay- ment up to $719 .00, with the amount of the outstanding utility bill to be deducted from this amount . AYES: Nov icky, Tot t o n, VanDyke, Cole, Minnick NAYS : No n e ABSENT: Voth, Neal ABSTAIN: None The motion carried . V. RELOCATIO N CLAIM APPEAL. Queen City Candy Company Ms. Belnap introduced Mr. Paul Stuber, and Mr. and Mrs. Tim Flanigan. Mr. and Mrs . Flanigan own the Queen City Candy Com pany, and Mr. Stuber is legal counsel for the Flanigans. Ms. Belnap stated that her under- standing is that Mr . and Mrs. Flanigan wish to appeal the Authority's determination that $27,000 for tenant finish at the new location is not compensable. Mr. Stuber discussed the difficulty in finding a property that is finished properly to accommodate the o peration of a candy kitchen. Mr. and Mrs. Flanigan have leased a property in th e 4300 block of South Broadway, and have opened a retail outlet at this location; there is sufficient r oom at the rear of this retail area to install the candy kitchen; however, there will have to be extensive remodeling and finishing to meet the c urrent Tri-County Health and City Codes . Mr. Stuber r eiterated that one of the great assets the Candy Company had at the Acoma Street address was the "gra ndfather clause" as it ap- plied to code changes; this cannot be used, and they must meet all the new codes. Mr. Stuber stated that there is a big difference between "movin g", and "being able to operate". Ms. VanDyke pointed out that it appears a lot of equipm e nt has had to be replaced; has this equipment been sold. Mrs. Flanigan stated that the kitchen is still operating from the South Acoma Street address; she pointed out that if a piece of equipment is moved 20 feet, it becomes obsolete . Ms. Belnap pointed out that the equipment cann o t be sold; no one would buy obsolete equipment when they are aware of the new requirements for such equipment. Discussion ensued . The appeal on the suggested allowance for obsolete equipment was then considered. Mr. Flanigan stated that it will be a great hardship on them to have to purchase all new equipm ent to meet the current codes. Mr. Stuber stated that his clients feel it is appropriate to ask for the full $19,726 in replacement costs for the obsolete equipment . • I • • • • • • -4- Further discussion ensued. Mr. and Mrs. Flanigan and Mr. Stuber left the meeting after assurance by Mr. Novicky that their appeal would be considered by the Authority later in the meeting. Ms. Belnap pointed out that precedent has been set on previous claims that t enant finish is not a compensable item, and Mr. Hinson affirmed this --tenant finish compensation has been denied to everyone who has requested it. Further discussion o n obsolete equipment ensued. Mr. Novicky stated that any equipment whi ch becomes obsolete should become the property of the Authority. Ms. VanDyke suggested that even if this e quipment cannot be used comme rcially, perhaps some of it could be used privately, and could be sold to private parties by the Auth o rity. Minnick mo v ed: Cole seconded: The Urban Renewal Authority deny the appeal filed by Queen City Candy on the tenant finish of the new premises; a firm precedent has been established that tenant finish is not a compensable item, and the Au- thority recomm e nds that Mr. and Mrs. Flanigan pursue the matter of an interest-free loan which is available to displaced businesses, through the Conununity Develop- ment Block Grant program. AYES: Totton, VanDyke, Cole, Minnick, Novicky NAYS: None ABSENT: Voth, Neal ABSTAIN: None The motion carried. Ms. Belnap reviewed the current cla im for relocation compensation filed by Queen City Candy , whi ch encompasses storage fees and obsolete equip- ment. Discussion ensued. VanDyke moved: Minnick seconded: The Urban Renewal Authority approve compensation up to $9,441.13 f or Queen City Candy on the present claim , with the stipulation that equipment which is replaced a nd obsolete beco mes the p r operty of the Urban Renewal Autho rity. AYES: VanDyke, Cole, Minnick, Novicky, Totten NAYS: None ABSENT: Voth, Neal ABSTAIN: None The motion carried. • I • • ' • • VI. RELOCATION CLAIM Colorado's Finest Meats -5- • • • Ms. Belnap reviewed the relocation claim filed by Colorado's Finest Meats, which claim requests compensation for cold storage of meat in- ventory, and replacement of obso lete equipme nt. Ms. Belnap stated that Mr. Valles may decide n ot to replace the smokehouse, but has already purchased and installed the new meat g rinder. Ms. Belnap explained the cold storage of meat inventory, which Mr. Valles cannot sell from the new establishment , but mu s t sell from sto rage. Ms. Belnap stated that there may be one additional piece of equipment that will need to be r e - placed, which is a sausage stuffer; Mr. Valles has not determined whe ther to replace this piece of equipment at this time. Tatton moved: VanDyke seconded: The Urban Renewal Autho rity approve payment of up to $4,826 to Colorado's Finest Meats for replacement of obsolete equipment, namely a meat grinder and a smoke- house. Purchase of these items is to be verified by staff. AYES: Cole, Minnick, Novicky, Ta tton, Va nDyk e NAYS: None ABSENT: Voth, Neal ABSTAIN: None The motion carried. VII. RELOCATION CLAIM. Englewood Camera Ms. Belnap reviewed a relocation comp e n sat i on claim filed by Englewood Came ra; this is to cover the cost of installation of the burglar alarm system at their new location. Minnick moved: VanDyke seconded: The Urban Renewal Authority approve payment of $1,217 to Englewood Camera for the ins t allation o f the burglar alarm system . AYES : Cole, Minnick, Novicky , Tatton, VanDyke NAYS: None ABSENT: Neal, Voth ABSTAIN: None The motion carried • VIII. RELOCATION CLAIM. Super Yarn Mart Ms. Belnap reviewed the relocation claim request filed by Marshall Fishman on behal f of Super Yarn Mart. This request encompasses compensation for professional cartage , airfare, rental car, hotel accommodation s , a nd meals for corporate personnel trips from California, and for tenant finish at • I • • • • • • -6- the new location. Ms. Belnap stated that the staff recommends paymert for cartage expenses o nly; the o ther items are not compensable. Tot ton moved: Cole seconded: The Urban Renewal Authority authorize payment of $258 .00 to Super Yarn Mart for cartage expense reim-bursement. AYES: Minnick, Novicky, Totten, Va nDyk e , Cole NAYS : None ABSENT: Neal, Voth ABSTAIN: None The motion c arried. IX. RELOCATION CLAIM. Graham Furniture Ms. Belnap stated that this store has gone out of business. Staff r ecom - mends payment of $3,473.77 for advertising, storage, and ca rtage. This would be a f i nal payment, and is based o n actual costs incurred. Cole moved: Minnick seconded: Th e Urban Renewal Auth or ity approve payment to Graham Furniture in the amount o f $3 ,473.77 as full and fin a l paym e nt o n r elocat i o n benefits. AYES: Novicky, To tten, Va nDyk e , Cole, Minnick NAY S : None ABSENT: Neal, Voth ABS TAI N: None The motion ca rri ed . X. RELOCATION CLAIM . Istari Productions Ms. Belnap reviewed the r e location claim filed by Istari Productions; this is a rec ording/teaching studio, which Ms . Belnap understands will be discontinuing business and will be mo ving their equipment to storage in mid-January . Compensable items are for cartage and storage for six months; the storage wi ll be billed direc tly to the Authority fo r payment. Ms . Belnap stated that it is po ssible this business may determine t o move to a new location within th e next six months, a nd would, at that time, request payment for cartage fro m storage t o the new location. Ms. Bel nap stated that there is a lot of sound equipment affiliated with this business, and two small o ffices. Th optional payment of $2,500 to establishments ceasing business opera- tions was discussed. Ms . Belnap stated that this op tion has not been discussed with the Istari Productions personn el . Discussion ensued. Van Dyke moved: Minnick seconded: The Urban Renewal Authority approve payment up to $2,500 to Istari Productions depending on whether • I • • ' • • • • -7- this business establishment does decide to go out of business; if the business owner decides to accept the $2,500 payment, this would be a full and final payment, and no further relocation claims would be considered by the Authority. AYES: Novicky, Totten, VanDyke, Cole, Minnick NAYS: None ABSENT: Voth, Neal ABSTAIN: None The motion carried. XI. RELOCATION SYNOPSIS. Ms. Powers stated that the relocation synopsis is included in the packet for the Authority, and asked if there were any questions. Mr. Novicky asked about the obsolete equipment that Action Answering Service was compensated for; where is this equipment. Ms. Belnap stated that staff will check into this. XII. UNDERGROUND ELECTRIC SERVICE. 3375/3385 South Bannock Street Ms. Powers stated that the electric service to 3375 and 3385 South Bannock Street is to be placed underground. Ms. Powers asked that Ms. Ragland dis-cuss this issue. Ms. Ragland stated that RMll Croup was hired to design the work, and three bids were received for the actual construction work. Ms. Ragland stated that this work would be cha rged to Englewood Parkway, and that there are funds in the budget for this purpose. Ms. Ragland discussed the bids re- ceived, and recommended awarding the bid to Ludvik Electric Company. Ms. Ragland discussed the work entailed in undergrounding the electric service to 3375 and 3385 South Bannock Street . Ms. Ragland stated that she had chec ked on references for all contractors submitting bids, and has received good comments on all of them. Ludvik Electric is low bidder, and the staff recommends that the bid be increased by a 10% contingency, and awarded to Ludvik Electric Company. Brief discussion ensued. Totten moved: Cole seconded: The Urban Renewal Authority award the contract to under- ground electric service to 3375 and 3385 South Bannock Street to Ludvik Electric Company, said co ntract in the amount of $11,236 plus a 10% contingency of $1,124 for a total budget not to exceed $12,3 60.00. AYES: Tatton, VanDyke, Cole, Minnick, Novicky NAYS: None ABSENT: Voth, Neal ABSTAIN: None • I • • • • • • -8- The motion carried. XIII. CONSTRUCTION REPORT. Ms. Ragland reviewed construction progress along the Parkway, noting that construction has been delayed because of weather and the holidays, but she does not believe that the overall project will be delayed appreciably. The construction work being done on Saturday and Sunday was discussed. XIV. LITTLE DRY CREEK Final Design East of Broadway Ms. Powers stated that members of the Authority had attended a presenta- tion by McLaughlin Water Engineers on the final design of Little Dry Creek east of South Broadway, which was given to members of the City Council on January 7th. She suggested that perhaps there should be something in the record that the Authority has seen the final design, and whether or not this design meets with their approval . Mr. Mccown pointed out that the meeting with the City/School Committee is scheduled for January 17th, and suggested that perhaps action be delayed until this me e ting has been held. XV. LEGAL COUNSEL CONTRACT RENEWAL. Paul C. Benedetti Ms. Powers stated that the coritract with Mr . Benedetti and his firm has expired as of December 31, 1984; the Authority does make considerable use of this office, and if the Autho rity c hooses to renew the Contract, it would be at the sam e ho urly rat es as the 1 984 contract. VanDyke moved: Minnick seconded: The Ur ba n Renewal Authority renew the contract for l eg a l services with the law firm of Paul C. Benedetti, t h e 198 5 Cont r act t o stipulate the same fees as the 1 984 Co nt ract . AYES: VanDyke, Cole , Minnick , Nov i c ky , Tatton NAYS: None ABSENT: Vo th, Neal ABSTAIN: None The motion carrie d. XVI. FINANCIAL REPORT. Ms. Powers stated that the financial report in the packet is not a year- cnd report, which will be f o rthcoming, Ms. Powers reviewed the Financial Report for th e specific properties and for each project. Ms. Powers stated that the trees for the Parkway are being tagged, and a gentleman from EDAW will be flying out to view these trees; some were found in the mid-west; others were found in Washington • • I • - ' ' • • • • -9- The traffic controllers have arrived and are being stored at the Service- center. In response to a question, Mr. Mccown stated that traffic con- trollers that are replaced with the new controllers will be used in other locations throughout the City. Mr. Minnick asked when the closing on the sale of 4702 South Washington occurred. Mr. Hinson estimated two months ago; the property has sold, and the new owner is living there . XVII. BOND ISSUE INDENTURE AMENDMENT. Ms. Powers stated that this document was not delivered to the o ffi ce in time for the meeting this evening. XVIII. LAND ACQUISITION REPORT. Ms. Powers stated that Mr. Opperman will be interviewing the commission members who will sit on the board to determine the value of property the Urban Renewal Authority has acquired by condemna tion. Most hearings will not be until mid-to-late summer, 1985. XIX. 3601 SOUTH LOGAN STREET. Mr . Hinson related a requ e st from Diversified Sea Foods to park a refrigerated van on the property at 3601 So uth Logan Street one day every two weeks, four hours per day, for the sale of seafood. Mr. Hinson stated that he has checked with the Revenue/Finance Division, and was told that to get a sales tax li- cense there must be approval from the Authority to use the property, and from Tri-County Health. The B-1 and B-2 Zone Districts do not allow sale from a temporary structure. Discussion ensued. Councilman Higday spoke in opposition to this request, and noted that Safeway has a n exten s ive seafood division in their store which would be across the street from the subject site. Mr. Minnick also cited adverse traffic conditions. Minnick moved: Totten seconded: The Urban Renewal Authority deny the request for use of 3601 South Logan Street by Diversified Sea Foods for sale of seafood products. AYES: Cole, Minnick, Novicky , Totten, VanDyke NAYS: None ABSENT: Voth, Ne al ABSTAIN: None The motion carried. The meeting was declared a djourned at 8:20 P. M • • I • - • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION January 22, 1985 I. CALL TO ORDER. 9 The regular meeting of the City Planning and Zoning Commission was called to order at 7:00 P . M. by Vice-Chairman Venard. Members present: Stoel, Tanguma, Vena rd, Barbre, Carson Members absent: Magnuson, McBrayer, Allen Also present: D. A. Romans, Assistant Director of Community Developmen t Susa n T. King, Senior Planner Harold J. S titt, Planner II (Acting Director of Community Development Vargas and City Attorney Olsen entered during th e cou rs e of the meeting.) II. APPROVAL OF MINUTES. December 18, 1984 Mr. Venard stated that th e Minutes of December 18, 1984, were to be con-sidered for approval. Carson moved: Stoel seconded: The Minutes of December 18, 1984 be approved as written. AYES: Stoel, Tanguma, Venard, Carson NAYS: None ABSTAIN: Barbre ABSENT: McBrayer, Allen, Magnuson Mr. Venard ruled that the motion ca rried, and the Minutes are approved as written. III. CONDITIONAL USE 3986 South Broadway Carson moved: Stoel seconded: The Public Hearing on Case 112 -85 be opened. AYES: Stoel, Tanguma, Venard, Barbre, Carson NAYS: None ABSENT: Allen, Magnuson, McBrayer The motion carried. CASE 112-85 Mr. Venard outlined the procedure that will be followed during the course of the Public Hearing; all speakers are asked to come to the podium, give their n ame and addr ss, and be sworn in. Mr. Venard stated that the Com- mission has had a copy of the staff report pertaining to this case for several days, and asked if the Commission members had any questions per- taining to the staff r e port. Mr. Venard stated that the Planning Commis- sion is the approving authority on Conditional Uses, and that the Commis- • I • • • • • • -2- sion shall make written findings ap proving, disapproving, o r conditionally approving this r e qu est for a Co nditional Use. Mr. Magnuson entered the meeting a n d took his place with the Co mmissio n. Mr. Venard asked if the staff had anything further to add t o the staff report. Mrs. Romans stated t hat the staff had nothing further to add t o the staff report, but did point ou t commen ts contained within the report fr om the Division of Building & Safety reg arding the change of classification of the building with th e n ew garage use, which requires that th e e ntir e structure shall be b roug ht up to Code. Mrs. Romans stated that Mr. Stitt, Planner II in the Department of Community Developm e nt, has worked with the applicant, and will be answering questions regarding this case . Mr. Tanguma noted th at o n Page 3, Item 1/4 states that "all work shall be performed within an encl o sed s tructure"; does this mean that the wo rk shall be concealed from the public , or o nly that the work area must be fenced. Mr. Stitt pointed out that fen c ing a property does no t "encl ose" a use, and this would have to be within a buil ding. Mr. Tanguma further pointed o ut that the written statement by the applicant indicates that no construction or remo de ling would be involved; is this correct. Mrs. Romans po int e d o ut that the Building and Safety Division has stated that the e ntire building will h a v e to be brought up t o Code for an H-4 occupan cy ; t h i s wil l entail some modifications to the structure. Mrs . Roman s pointed o ut ha t this application is dealing with a property owner, lessee , a n d s ub-les~ee , and that all persons involv ed should be awar e that the build ing does h ave to comply with the applicabl e Co des o r a Certificate of Occupa ncy will no t be issued. Mr. Venard sked t ha t the appl i c ant come forward. Shiv J e e J ha, 398 6 South Broadw y, was s wo rn in, a n d s tat ed that he is t h a pp lJcant for the Cond i tiona l Use, auto repair , at the foregoing ad-dr SS. Mr. Ve nard a ked if ~r. Iha had seen the staff report, and understood the s t a ff r epor and the co nditions pro po sed by the staff. Mr. Jha ans-w r ed a ff irma t iv<'ly . Mr. V na rd a sked if t he r e ere any qu e stio ns. Mr . Tanguma asked if the prop rt y own r ls pr sent. Mr . Hen ke s t a t ed that the owne r is no t pre sent , but that he is leasing th prop rty from Mr . Rlppcn, who i s the owner, and subleas ing to Mr. Jha, th applican t. Mr. Tanguma a sked if Mr . l!enke was wa r e that the e ntir e building has t o brought up t o Cod e before th e use could be approved . Mr. Henke answered affirmatively . Mr. Venard ask d Mr. Jha l f h e had anythin g further to add at this time. Mr. Jha stated t11at h e d l d no t know whether he had further information to add; h would a nswer qu es tio ns. Mr. V nard th n La lle d o n Mr s . Jo n Carter to speak . • I • • • • • • • - -3- Mrs. Joan Carter 3978 South Broadway -was s worn in , a nd stated that she wa nt ed t o s pea k in op position t o the proposed ga r age use. Sh e pu r- chased her property in May , and has an a ntique s t o r e with a nice inve nto r y . The subject building shares a common wall with the b uilding she o wns, a n d she expressed concern that modificat i o ns t o the st ru c tur e at 1986 So uth Broadway would affect h e r building at 3978 Sou th Broadway. Mrs . Carter also addressed probl ems she has experien ced with empl o y ees a nd /o r c ustomers of the adjoining business parking at the rear of her proper ty so that she cannot use this area for parking fo r her c u s t ome r s . Mrs . Ca rt e r also ad- dressed the "junky" look of the property, no ting th ere i s a l o t o f b r ush , old chairs, tires, etc . alon g the fe n ce , which i s n ev er c l eaned up; c ars that are parked on the s it e are i n n eed o f body wo rk a n d r epa ir. Mrs . Carter stat ed that because of the conunon wall be tw een her p r operty and the adjoinin g prop erty, she feels it would be a fire hazard . Mr. Venard asked Mr s . Carter if she had seen a copy of the staff r eport. Mrs. Cart er stated that s he had not. Mr . Ve nard r e ferred to a map o f the subject block, and pointed out that the actual locatio n of th e ga r age would not share a conunon wall with Mrs . Ca rter 's busin ess . Mrs. Carter asked about the doors that are by he r buildi ng that a r e being used presently; she further stated that something must be done about the parking situatio n, a n d emphasized that the pa rkin g problems have stemmed from the people oper ating the ga rage at the rear of the p r operty . Mr. Robert Na udack 3997 South Lincoln St re t -was s wo rn in, and also spo k e in oppo sitio n to the proposed Co nditional Use. Mr. Na ud ac k stated that he also owned the properties a t 3983 a n d 3971 Sou th Lin coln Street; he stated that he has had to ask the o p e r ato r s of the ga ra ge to move vehicles they have "jockeyed " in on the rear of his r e ntal p roperty . Mr. Naudack agree d with Mrs. Carter 's statemen t that there i s a parking problem with this garage and the o th e r bus in sse on ~Ir. Rip pen 's prop-erty. Mr. Ca rson asked Mr . 'audack how long he had own ed his property . Mr . Naudack stated that he has lived in this block for 25 years. Ir. Carson point ed out that ther has been a "machine shop" on Broadway for the same period of time. Mr. Naudack stated that h knew this , and there have been parking problems f or a number of yea rs, but they have worsened. Mr. Venard asked if people frequenting this garage have been parking on Mr. Naudack's property, or only using it for maneuvering . Mr. Na udack stated that whil e they do not actually park ''on" on the property , they do pull in on the propert y at 1983 So uth Lincoln , and he does not want his tenant to become upset if he cannot get into his parking space. Mr. Naudack stated that he has had to ask people to move their vehicles, and that his wif e has s en people backing in with big trucks . Ms. Patricia Hennesey 3974 South Broadway -was sworn in. Ms . llennesey expressed her con cerns b ou t the ppearance of the alley and Lhe parking problems in this area. Ms. 11 ·nnesey stated that thC' vehicles she has seen at 3986 South Broadway ar(' VC'ry "junked up", and the vehic] es are left there for several d ys and over-n ight. Ms. Hennes y indicated that she had experienced people parking o n the rear of her property, and has had to ask that lhe vehicles hP moved. • I • • • • • • -4- Mr. Philip He nk e 3986 So uth Br oadw a y -was s wo r n i n , and s t a t e d tha t he l s jn su ppo r t o f t he requcst~d Cond it ion a l Us e ; he js the lessee o f the prop e rty , a n d is sub-leasing to Mr . Jha . Mr. He n k e s t ated th at h e leases th e proper t y from the p r oper ty o wn e r, Mr. Ripp e n , a nd did so fiv e years a go ; a t that time , he was al l o we d t o h ave tw o parking pace a t th e rear of t he build ing , wi th the remai ning par k ing ar ea bein g alloca t ed to the bus inessman o n t he co r ner at 3998 South Broadway . Th i s busi n e ss has left disassembl ed a u to par ts o n t he premises, a n d s o me o f t h e m a r e next t o th e fen ce by t he a n tique shop . The two parking s p aces wh i c h will be allo tted t o Mr. J ha wi ll be by he fe n ce , and vehicles a r e n o t t o be left in front of th ga r age . ~r. llen k e s t at e d that there hou ld be n o parking confl icts if t his pa r ki n g allotmen t is a dh e r ed t o , Mr . He nke acknowled ge d th a t Mr s . Carter did f ind one s h o r t-t e r m emp l oyee o f Mr. Jha 's who h a d parked "' 'ipr prJp r·y. 1'ld h,, I rr> •e<Jues ha he mo v e his vehicle ; t h i s i s the, only , rr1sion he is ai.·are o f tha t peo pl e have been parkin g on h er p ro pc rty. '·1r. llenk1• stated t ha t he wo uld be h a ppy to try t o mediat e b etwC>en all t11 partfe" involved to r eac h a s ol u tio n to the ma tt e r o f parking. Mr. llcnke s ated hat he wonld be g l ad to hav e a c on s u ltant view ti,,. hull :.l lng tu <let erm i ne what needs o b e d o n e t o up g r a d e t h e s truc t ure for the I!-~ Ocrup.,ncy rati ng . Mr. S t oel a s k ed t h s i zp nf tho spdce be i ng sub-I a s ed to Mr . Jha . Mr. Henke es timated the are.1 1." 500 square feet . Mr. Ven a r d a s k e d i f there w1 r qrll'stions for Mr . Henke f r o m th e a u d i e n c e . Mr s . Cart e r inquired ahc111 the nse of the two doo r s hat a r e i n u s e t o th e b uild ing b y he r prop1•rty, ind the cc1r" that .in· pa r ked n xt t o and on h e r pro p e r t y . Mr. Henk,, sratL•d that there i.s ap prox imately 25 t o 30 f e et b e twee n Mr s. Ca r pr '-; pr-ip•·rty an1; tho doo r s s h e is r e fe rr i ng t o . Mr s . Ca r ter po in ted 1>ut tl1 t 1 lot of the rars appea r to n eed b o dy wo rk. Mr. He n k e stat ed that tho»c v 1, el h long to Little Wh eels . Ms . Hcnn esey a. kc.J if lem wi 1 1 not lw p Cl 11ri it " problems o n h er pr< p rt • c ann o t o ff e r any lessee t o a sun• o ther Ms. II nn e s ey •kt d sta e d t hat he rrnno Litt le ~1eels, even from Mr. Rippen . guat nc,•, n t cd t Ii t sh h t the pa rk i ng p r o b- h.1d expe rl e n C'e d parkin g ~r. Henk s tat e d t hat h e h0st to wo r k wit h his sub- no' infrln ,. un the pa r king r ights of f P< ir in e t)f the pr pe r ty . 'fr. He nk 'out t " prC>pe tha r belon g s t o lt i n h' 'ite th it he lea es Ms . Henn e sey asked wh,it wl l 1 happt>n to tht• 1ppearanet• of the alley . Mr . Henke st at d that If th(' j 11nk i.s •;,>mt•th Ing t h;lt i s th e respon si bility o f his business , n r of 'fr. 11,.,•., !ms Ines<>, they will tak e care of it. Mr. Ven a rd s t atL•d thilt It appear• snme (lf thp 1lisagr eeme nt s and pro bl ms betw een the n e i ghhor 1n,~ hus 1 ncsscs and res ldc>nts may be wo rked o ut. Mr. Hen ke po in t«! Ollt th 1t tll' largt• truck ref,·rred to by Mr . Na udac k were making d I !11erf, .. tn 111 pla p of hu. in gs; thesl.-l d<>liv!'r ies a r e n o w being ma d f r um Bro 1 dw v. • I • • - • • • - -5- Mrs. Ca rt e r stated th;ot when s he t ook o ut the insurance on her busin ess , she was asked about th<' bu s ine ss next door ; she asked if the ga r age use would cause her ins uran ce rat e s to increase . Would th ey be sto ring flam- mabl e liquids , s u ch .i s ha rrels of gas and oil to clean motors . Mr. Henke stat ed that the o il that wo uld be drain e d from cars i s stored in containe rs; th e main typ e of work being done by Mr. Jha is tune-ups, fil t e r cha nges , etc .; h e d i dn 't think s t o rage o f flamma b le li q uids wou ld be a problem. He stated that he does have flammable liquids i n his own place of busin ess, but it is store d within enclos d co ntain e r s. Mr. Na uda c k asked wh at ho u r s of business Mr . Jha proposes . Mr . Henke stated that the hou rs will be 8 :00 A.M . to 6:00 P .M. o n weekdays. Mr. Naudack stat e d that he did not want his weeken ds ruined by ho tro dders and speeders in the alley as a result of this ga r age . Mr. Venard asked if ther we r e o t he r qu es tions or stateme nts t o be made in favor o f or in oppo sitio n t o t he p r o pos e d Condition al Use . No further comments wer e made . Carson mov ed : Barbre seco nd ed : The Pu b lic He aring o n Case #2-85 be closed . AYES: Tanguma, Ve n ard, Barbre , Ca rson, Ma gnuson, Stoel NAYS: None ABSE NT: Allen, McBrayer The motion carried. Mr. Venard asked if th e Co nd itional Lise is g rant e d, including the con- ditions recommended in the staff r 'po rt, what r ecourse do the n eighb o rs and/or City have i f these c onditions ar e no t met by the applicant/prop- erty owner. Mrs. Roman s s t a t d th a t th Certificate of Occupancy will not be issued until th e use l s i n compli a nce with the conditio n s set forth . Mr . Venard ask d if tr . Iha undt rs tood t hjs. Mr. Jha apologized for the parking probl m, a n d ackn.iwled~Pd that he did have one emp loyee wh o had parked on Mrs. Ca rt e r's p ro perty ; thl p erson is no longer e mployed by Mr. Jha . Carson moved: Barbre seconded: Th e Planning r~•mm Lss io n app r ove t he Conditional Use of an au t omotive repajr shop at 39 86 So uth Bro adway with the foll owing cond!Lions: 1. The Conditional Lise a p p r oval be t i ed t o th e business operated by Shiv Jee Jha. lf th e bu sin ss i s so l d , th e Planning Comiss i o n would require a review o f the new bu sine ss t o g rant a continuance o f the Co ndit ion al Use . 2 . No bodywork, dismantlin g o r co l l ision r e pair shall be permi tted . 3 . Motor vehicles b in ~ serviced o r s t o r ed whil e waiting to be ser- viced or called fo r, s ha ll no t be parke d on th street or in the alley. • • I • • • • • • -f~- 4. All wo rk shall be> pt·rfnPn<·d wlLhin ,1n <'n clo s ed s tructu re. 5 . No material, stock , or p :'l rt s shall h e depns .lt ed o r sto r ed on the p remises outsld l' of an e n clo sed s truc ture. 6. Screening musL be provided Lo <;h leld adjacen t s ing le-family residences . 7. Prio r to the issuance of a new Ce r t .lf icate of Oc c upan cy , the o wn e r of the buildin g must: a. Submit to th Code Administrato r, an analysis o f th e structure by a buildLn g co n sultant , se tting fo rth the exis ting conditio n of the structure, and h o w it will be brought into compl i a n ce with all nppl l cable City Co des; and b . Do the necessa v work to br i ng the building lnto co mpliance wi th all appli , aide C.od<'S. Mr. Stoel asked h ow he Commlss inn ? r. posed to address l e m cit ed by t he neighbors . ~r . r1rson suggested that ment should ticket the offe n ~ers. he pa rking prob- he Po lice Depa rt - Mr . Stoel asked if this was apprcived, "it h the cnndi tlo ns, a n d people in the neighborhood ,ir. still h1ving prof>lems . :.rhat rl•c-nurse do these adjoining r e sidents/pr< pr•rty <'""1tC'r,;/businessmen h•We . 'Ir. 01 e n, City Atto r ney, suggested that thev would hnvc tn hirp a lawyc>r and seek a n injunction against the 11rnge. The r.hoices arp l(l ask t he City t o step i n a n d take action 1h1ins' hL' <1ff<•ndrn1, <>r to t 1Y<' the ma ter t o court on th eir own. Mr. Tanguma stat ed thnt lll'rt> .1rP .i lr<J ady .wtomotive repair shops o n the property and tl1is p 1th n of the '>lock; he sL.ited tha he did not r eally feel that a two-bav garn• will 1dJ that ~uch o thP parkin g problem . I! stated ti L I· re property uwner 1n.J the les s ee will ha \:e to makp •.i11· no iurtho r problem'·. the Commission is ,1l«o r. propert y wi hin th• p1r stated tlt:1t ~1r. HL k Mr. Olsen l 0 k\'d ti•.• the on hl'l of th e sued. Magnu on moved: l lk~ to e phasizL at this point that on ls sensitivP to he rights of the n e ighbo rs, to t 1 1 • rl ht 'f an lndividuJ l t o use his f th Vena rd r th in th neighbors evening , md that he ppl le t fon without st tff r port, and Mr . Olsen h ve d t£>rm inati o n ag ree'l t o the imposition In SPp:tr•tt • c:t i on . Dls c:u. sion e n - Ca r . on secondc•d: fhe l'l nnin immt sl11n go Int•> P.xec-u tlve S s sion. AYES: 8arbrl', C11rson, 1 ,nu n, t .. 1, NAYS : ON~: mgum 1, V(•n ird • I • • • • • -7- AB SENT: Allen, McB ray er The mo t ion ca r r i e d . ***'~* Th e Comm i ssion came out of Executive Session . Mr. Vena rd thanked the a udi en c e f or t hei r patien ce and understanding , but the Commission n eeded t o c larify the p r ocedure t o be followed . Mr , Venard then asked Mr, J ha and Mr. He nke to come t o tl1e pod ium . Mr. Ve nard stated that the appl i cant s were asked ea r lier i n the meeting if they unde r s t ood t he co nditions c it e d on Page 3 o f t h e Staff Report, a nd if the y we re willin g to go a l on g with those conditions. Mr. Venard stated that the question now is , wil l Mr. Jha and Mr, He n ke b e wi lling to ame nd t heir requ es t t o include the seven condition s cited in the staff report . Mr. Henk e asked for clarification of Conditi.on 116, "Sc reenin g mus t be provid e d t o shield adjacent singl e -family residences." lie asked i f this meant an enclose d priva y fenc with gates . Mr. S titt stated tha t wh e n a busin e s s proper ty is adjacent, abutting , o r adjoinin g a r es iden tial distric t, th ere must be screening to block the view of the business prop e rt y from th e view o f the r siden ial p r opert y. Th is may be do n e by a n o paque fenc e with ga tes to provide a cess . Mr. Hen ke stated tha t the businesses adjacent to him are no t providin g scr e e n i n g , and asked if he is being singled out . Mr . Stitt s tated that this i s not the cas e . Mr. Olsen asked if the applicant wou ld st t e wh ethe r h wo uld o r wou ld no t ag r ee t o the conditions 011 tlined in the sta ff r e po rt. Mr . Henke s t ated that he does not feel Condit l on ''6 nn th sere ning is necessary . He feels by cleaning up the property, It would be mo r e suitable , and that the serening would be "counter pr".l ductlve" as far as solving the parking con sider at ion. Ht.> wi 11 agree wl Lh the> remain ing co nditions as p r oposed. Mr. Olsen aske d if Mr. Henke was willing to amend the appl i ca tion . Mr . Henke stated that he did not agree with Co nditi on 11 6, and woul d not agree to amend th application to includ thl. r •ndltfon . Mr. Carson, with the approval of Mr . Barbre, withdrew his motio n t o grant approval with conditions. Mr. Venard noted for th record that he d11c>s have in hand a co py of the legal notice which was publi. hed in th official City newspape r, and a Certific tlon of Posting provided by the appli~ant . Tanguma mov d: Carson second d: The Planniniz Commission no t approve th e Co nditional Use of an auto repair garage at 3986 Sou th Broadway , because without certain condit ions being met, the use wo uld not be co mpatible at that lo cation , and the applicant has not agreed to the conditions as sug- gested by the 0 pnI'tmc>nt nf Community Dev lopmt'nl . AYES: Barbr , Carson, Magnuson, Stot'l, Tanguma , Ve nard NAYS : None ABS ENT: McBrayc>r, All<'n • I • • • • • -8- Th e motion carried . Mr. Venard stated that the application, as submitted , is de nied . Mr. Ve n ard s u ggested that the applicant s work with the staff in a n ef- f o rt t o solve some of the problems, and they may reapply for approval at a later t im Mr. J h a stated that he c anno L puL up t he fence; he h as two parking spaces f o r his b u sin ess , and it ls not his property, so he cannot put u p t h e fenc e . Mr. Ve n a r d suggest e d thal th prnperty o wn •r and/or Mr. He nke as t h e less ee will have to bear the cost of the f ncing, and of b rin ging t he build ing up to r e qujred fo de Jevels . F urt he r discussion en ued . 1r. Stoel suggested that the applicants know what is r e q u i red of th em t o gain approval o f the Condit i o nal Use , a nd it is n ow u p to th em to wo rk thlm;s out so that the Commiss ion can grant s u c h appro v al . I V. CAMDEN PLACE ONE Amendmen t of Sinclair r>cirk rT1rln-Cd-Dcve~ CASE 111-85 Ca rs o n moved: Magnuson seconded : The Puhl ic lll'aring on Ca se llJ -85 be o pened. AYES; Carson, '1agnu ·un , Sto1 I , Tnnguma, Venard , Barb r NAYS : No n e AB SENT ; McBray e r, All<?n The motion carried. Mr . Ve n ard slJted Lu .It he h • i1 hand .i copy of the p11bl ic n ot ice published in the official City nC'I> pap r, and copl ~ uf thL• Cl rt Hie-a t es of Pos t i ng for the prop r y. Mr. Venard stated shall come to ti , any addition Ms. Kin Mr. Venard asv d 1 Hearing n o qu,•s prese nt ation. Dasel lla llm11rk 3600 South Yo·C!llt c to address the C nunission DoP thp <;taff wish to make t hl s time . any qu •·tions on the staff report. •k d th t thc dppl icant ma ke his Denv e r, Colorado -Mr. Hal lmnr k t •t ed hat he is the in Pr ind planne r <•n this site . Mr. Heffley a n d d•n Ho,.., and nn• tl.t· tppllcants. Mr. Hallma r k ddret the> "Cnm. e nt f r•im Other D partmen ts" II tllt!'d th 1l tit fire J.m wil J b posted "No Parking" in cord.in ,. with the wi ht• of the f Ir Oe p rtm nt and Building Oep1rtmcnt. A pr l 1 in.1 ry drdinagt o;t11 y ha« bt'en don ; ther will • I • (~ • • • • -9- be some r etention on site, and the details of drainage release will be wo rked out with the City Engineer. Mr . Hallmark sta t ed that the applicants r ealize this site is in a l ow waterpr essu re zone; the size of the me t e rs and lines t o service the units will be increased to 1-1/ 2", and they will co nt inue t o work with the Utilities Department t o r esolve this. Public Works has suggested that a cul-de-sac would be a more efficient turn- around a t th e south end of the proposed developmen t; Mr. Hallmark s tated tha t Fire Marshal Groditski did approv the "hammerhead" type of tu rn- around and the hydrant loca tion as shown on their plans. Mr. Hallma rk s tat ed that the applicants agree with the staff comments , and unde r stand the problems; they are working t o solve the problems that have been point e d out . lie asked that Mr. Heffley now address the Comm ission. Mr. Joe Heffley 78 24 South Magnol la Wav -wa · s wo rn in. Mr. Venard noted that •'r . Heffley had d i st ributed t o the Commiss ion copies of the lands caping plan, whi ch arc depleted on easels befo r e the audience , and snapshots of i mila r projects that have been co nst r uc ted in the De nver area. Mr . Heffley gave an overview of the formation o f Camde n Homes; he has worked in the Denv r a r ea for four o r five years, and has joined with Ms . Margaret Kerwin t o form Camd n Homes . They want to build quality units that wi ll give some thing bac k to th commu nity, in a n affordable price range, a n d take pride in what they do. They feel that this si t e will lend itself to th e ir aims, and hop t o do a development that wil l provid e quality housing with l o ts of lands ca ping , and a good livi ng e n - vironment for those wh o wf ll r eside w ithin the n ew development , and for thos e residents in th neighbo rhood . This type of development, t ownhouses, will provide a buffer between th e heavy density apartmen t buildings t o th e east and the single-family hom es on Sou th Delaware Street . The pro- posed development o f Camde n Place One will be townhouses designed for home ownership; the SincL<ir Park Pla nned Development was designed to be a rental communit y . The sale price f o r th e t own house units will be in the high 70's to l ow BO's. Th e units will be two and three bedrooms, tw o and one-half baths, with two-car garages, and basements. The pro- posed Planned Developm e nt has been designed to emphasize privacy for the townhous buyer, and for the adjo ining s in gle-f a mily homeowners to the west. A priva cy fence is to be ln~talled o n the wes t bou ndary of the site, with landscaping al su to be prov i ded . Ea<"h unit will have a two-car garage, and 10 off-s tr ee t parking spaces f o r guest parking have bee n provided; th ev are required Lo provide onl y f ou r gues t parking spaces for a development of this s J ze . The land<;caping will include 31 trees and 98 shrub s , in addition o grass and rock covering . Mr . Heffley stated that he and Ms. Kerwin accept thi'I as "mini mum " s tandards for landscaping in this project, and are wlll ing to be "held t o this plan". Mr. Heffley discussed a market study that they had done before starting this project, whic h indJcat ed that ao z o f the people who purchased homes such as they propose did so because of the qu ality of life style , size and design of the unit. They feel there is a market demand for the type of unit that is proposed. Mr. Stoel asked how similar the plctures Mr. Heffley presented to the Commission are to what is propo sed . Mr . Heffley stated that units in • I • • • • • • -10- the pi ctu r e are 30 feet in height; this propo sal is less than 25 feet in height , but they wil l have the sam floor plans. Mr . llallma rk again addressed the Commission; th e r equest is to app r o v e 22 t own house units o n l .556 acres, +/-. Mr. Hallmark cont ra<;t ed the proposed develo pm en with t h Sinclair Park Plann ed Development which had been approveJ by he Commissio n several years ago , noting that the pr esent ppl icants p r op<><;t> ga rage , landscaping, privacy fenc s . and o wner ship of he unit . Hr. Hallma rk stated that they do no t feel th den it y 1 xressive, 1nd thi s develo pment will serve a~ ,, buffer between the high d nsi y apartMent di rict t o the eat, and the <;Ingle-family neighborhood on S u 1 llel.'.lware St rce . Lou Can ii J 5000 South 0~1 • t Mr. Heff l •y r ~t -• • c wo rn in and ask d how far fr~m lps Gra nd Av nuc th._. first unit is propos d o '1e hu il t. ·h1 !~ would hC> built 50 fee from the cu r b . Mr. Cangilla a'lkt·d it tlit Home Ownpr Association would be ma ndatory, a nd wh ther ht r.o mission (' uld ·1ss1irc that here is a HvM(> Owner. Ass ociation if the Pl an i «pprovcrl . II not d the i mpo rt a n ce of mai n- tenance in t o wn home/ ccndomj nium dev lopment,;. Mr. Stoel s tat d hat tht:re ar la ••s in Colorado that will requi r e a Home Own e r s Asso c iati on '<•r s11rh u devl!lopment as is proposed . Mr. Heffl ey s tated that thcv arc ln th · process of applying for VA/Fl~ loan approval, and to get t his !ppr v:il , thev must have a Home Owners Association set up; th ey do not h.iv• n • ch.iice in th matter if they want to get thp financin g . Mr. Cangilla stated that the n•s !Jent~ o f thi,; area have seen som pretty bad plans presented for thi<; rir lc111.1r p!ere of property, and that it is about tim e somt>thin g w:is hi..ilt t'1er~; h lik s the ldt>a o f s lling the units. Mr. Cangil In stat 1•d r h t h,, i s C<'nccrned about the <>et back of 16 ft . vs. 25 ft. for the uni~. an askPd ht ti. Commi s<;ion keep this in mind. If the privilcY frnct> is inst lled, he f 1 this would be of help, but does question wh(•thpr thc> 16 fno frontage is sufficient. Ms. King poin cd O'lt th"t l \ii•, W.1<; 'ne of the con rrns of the staff , also, and pointed out thnt th Pl nne lJ velopm<nt Distric t doeq rt>qulre a 25 foot buffer strip, wh!i::h l not hc•!ng pr vidcd •mder the proposed Camden Place One plan. Roy Hankle SOSO South Dchwa r e -"'"~ s;,,orn In. He slatccl tha Mr . Heffley m t with at I thp nel hbo r s regarding the proposed plan, and the 16 foot fro ntage w ~" a ronc1 rn at that t im1'. 'fr. Heffley stated that the "kind of people wh o would uy in thcs units, were not the kind to use a front yard." Mr. 11.mkl · qrtt d that he fpel 16 feet from the rear of his prop rt y t o the propo <l <•wnhouse unit i'i pretty close . Ev n with the priv y fen ce , they would h lo o king right int o each other's yards ; he think he 25 foC>t sethu ,k w u]cl h" mon• <ll'<frah !e. Mr . Hankle stated that lw also f •pls 22 unit to,, many , ·m<i point d o ut that Sinclair Park propo I'd only 20 unit r. llankl(' ni,tr •d with Mr. Cangill that ther hav he n a lot of ,1 [ on thi s property, and that he would like to re a pm<·nt go in. Ii<• cited the weed nd tra h • I • • • • • - -11- tha t t he adjoining residents have to be concern ed about each summer. He noted tha t t h e property to the west is an R-1-A Zone Distric t , a n d they do n o t wa nt to j eopar dize t h e value of th eir s ingle-family n eigh- borho od by a poo r qualit y development on this site. Mr . Hank.le stat ed that he "could live with the 16 foot setback , but it would be bet t e r with 25 fee t ." Mr . He ff ley stated that he has met with the homeowners in the area , a n d did pre s e nt t he plan to t h em; he felt there was a co nsensus of the home - own ers that this was a pr e t ty nice propos ed development. The f e n ce and patio will o f fe r privacy to bo th homeow n ers along Delawa r e and t o th e home owners within th e development . The r e is some rec r eat i o nal a r ea tha t is b e ing provided in the "hamme r head ", such as basketball hoops , e t c . Mr. He ffl ey sta t ed that they are tryi ng to comp ly with the l a nds ca p i n g r e qu i r eme n ts and offer a good standard of living . Cars on moved : Sto el s econd ed: The Public Hearing o n Case 11 1-85 be closed . AY ES : Ma gn uson, St oel , Tanguma, Venard , Ba r bre, Ca r son NAY S : No n e ABSENT : McBraye r , Allen The motion carried. Mr . Magnuson asked th e staff to cla rify their recommenda tion in the staff r e po rt, that the plan be referr ed back to the applicant fo r further con- sider ation . Ms. Romans stated that the staff has tried to po int out some of the problems th ey saw in r viewing the plans . It is t he opinion of the staff that more thought should be g ive n t o the plan s because of the pro ximity to the property o n the west. This proposed developmen t would be at the maximum permitted density and it is a pretty high density t o develop right next to an R-1-A area. Mr . Venard a ked the response of the Commission to statements on Page 4 of the Staff Report, citing area wh r in th proposed plan does not comply with specific ordinances . Mr. Magnuson stated that he wo uld disag ree with the applicant's statement that if this development l s familv-oriented that the yards will not be used. Childr n must have som place to play. Mr. Venard asked 1f Ir. Heffley wanted to r:espond to Paragraph /!2 on Page 4 of the Staff R port. Mr. Olsen suggested that if fur her testimony is being elicited from the applicant, the public hearing should be reopened, nd that anyone else wishing to speak be glv n the right to do so. Tanguma rnov•d: Carson seconded: The Puhl ic Hearing o n Ca e 111-85 be reopened to hear further testimo ny. AYES: Stoel, Tanguma, Venard, B rbrc, Carson , Magnuson NAYS: None ABSENT: McBr y r, Allen The motion carried. • I • • - • • • • -12- Mr. Heffley st~ced that Che usable open space fi gu r e of 40Z a s c ited by staff does n ae take into conside rat ion che r ec reatio n area provided in the "hammerhead". No parking will be al low ed in this area , so ic will be devoted t o r ecr eational purposes in ad dition t o providing a mean s to turn vehicles around . The building e nv elope ac t ually provides a 17 foot se t back on the wes t side o f th e development; not the 16 feet cit ed by staff . Mr . Heffley stated chat in wo rking with the landscaping/open spac e pro - visions, the patio s h ould be co nsidered as op en space . The landscaped area is 42.SZ; thi t akes into acco unt righ t-of-way along Gr a n d Avenue. Without this right-of-way a l ong Gr and , che landscaped a r ea is 40 .SZ. Mr. Heffley stated hat they are not o fferin g a lot of amenities such a s swimming pools, and no ed he proximit y o f th e s wimming pool , baske t- ball , hand ball a n d tenni• cou rts at Sinclair Middle School . He feels th at th ere i s quality 0pen pace , and that t h e p r oposed deve l opment is in a "park-like a tmosph ere", with the p r ox i mity to the rec r eatio nal faciliti es at th t• school. Ms. King explained the process staff used in calcula ting o p e n space fig ures; any spa c e that was absent of any bu ilding o r structure was considered u sab l e op n space ; the patio l s n o t co ns id e red part of the usable o p en space b cause it is pa r t of the structure . Mr . Heffley stated that it should nae be so considered ; there is no overhang, a nd it is an "open" patio . Ms. King also stat ed that surface park ing ls not to be cons idered as usable open space . Mr. Heffley stated that they have prov lded l 0 g ue~t pa rking s pa ces v s . the r eq uired four guest pa rkin g s pa ces. Mr . Heffley disagreed that a six f oo t privacy fenc" wi 11 n' providt· privacy co bo th devel o pments; Mr. Heffley further p inted ,, it th t the> patios >n the proposed deve l o p- ment wil l n ot be adjoining. Mr. Stoel asked wh at hr: exterior finish o f the units will be; the pictures indica ea brick fini h. Mr . llcffley s tat ed that they will u se some bric k, but have had t o add cedar siding to keep the cost down. Mr . Vena rd askt:d if there wen clditional conunen s from the aud ience o r staff. 'o additional comments were forthcoming. Stoel moved: Carson e<"onc!ed: ThP Puhlic He,1rlng on r.ase 111-85 be c l o ed . AY ES: S t oel, Tanguma, Venard, Barbre, Carso n, Magnuson NAYS: None ABSENT : Al 1 n, MrBrny t•r The motion carri d. Mr. Stoel tated that he feels a Planntcd Development should have a greater degre e of fl xibi llty wtth guidelin es ; the issu e of the 16 foot setback vs th e 25 foot i r on t setback is one that th Commission ha s considered in the p ast , and h a v e t alked about cutting do1o1n on the fro nt setback because of the lack o f us . Mr. Stoc•l stated th t he feels the propo s ed Camde n Place • I • • • t • • • • -13- On e amendm ent looks superior to him in terms of land use, and will fit within th e present time and housing e r a ; the uni ts will be built t o "sell". If someo ne feels th e fro nt yard is too small , they will not buy the unit. He stated that h e did not feel the 40 % vs . 50% usable open space is a matter of g r ea t con ce rn. Mr. Stoel stated that he does feel that the three conditions clted by the staff in the Sta ff Report should be met , nam ely : 1. The fire lan e must be posted. 2. Detailed drawings of flo w release structures throu gh walks into West Gr and Avenu e will be required prior to issuance of building permits . 3. Wat e r service design will have t o meet with the Utilities Depart- me nt a ppro val prior to issuance of buildin g permits . Mr. Venard asked if Mr. Hef fl ey was in agreement with the cited conditions and if he wo uld ame n d his appli ca tion t o include these three conditio ns. Mr. He ffl ey stated that he does agree with the three con ditions , and does agree to ame nd his application to include those three condi tions. Stoel moved : Magnuson seconded: The Planning Commission approve, and r e f e r t o City Council , the Camden Place One amendment of the Sin- clair Park Plann e d Development ; the appl i cant has agreed to ame nd his application to in clude the f o llowing conditions: 1 . The f i r e lane must be posted. 2. Detail e d drawin gs o f flow r e lease structures thro ugh walks into West Grand Avenu e will be required prior to issuance o f building permits. 3 . Water se rvi ce de sign will have t o meet with the Util ities Depart- ment a pproval prior to issuan ce of buiJding permits. Mr. Tang uma stated that he is concerned about the f r ont setback, but if the adjoining p r opert y owners feel they can live with it, a nd do not strongly disagree with the proposed Plan, he will vote to app r ove it. Mr . Venard stated that h e also was con c ern e d about the 16 ft . vs. 25 ft. setback, and knows that it is of concern t o the staff. However, there have been many attempt s o ver the years to deal with this property and get it developed in a reasonable, acceptable way, and this may be an o pportunity to realize some develo pm ent the re. Based on this , he will vote to support the motio n. The vote wa s called: AYES: Tanguma, Venard, Barbre , Carson, Magnuson , Stoel NAYS: None ABSENT: Allen, McBrayer The motion carried. • I • • • • • • -14- Mrs. Roma n s tated that after the Planning Commission has approved the Findings of Fact, this matter will be r eferred t o the City Counci l fo r a Public Hea r ing . Mr. Ven a r d t hanked the .audi nee for heir particip ation i n d i scussin g the issues with the Commi sion A r ecess of the <:ommi<;<; Je>n wa-; called at 9: 10 P .M. The meeting r convened a t 9 :20 P.M. V. PUBLI C FO RUM . No o n e add r essed the Commis i on under Public Forum. VI. DIR EC TOR 1 S CHOICE. Mrs. Romans r emin ded Comm i ssion members of the work/ study ses s ion with the Bo ard o f Adjus t ment Jnd Appeals sched uled for January 29 at 5:30 P.M. in the Community Room. This study/work session will be devo t ed to r e- viewing the p roposed amendments to the Cornprehen<J l ve Zonin g Or d ina nce prio r to the public hearing before the Commis. ion, which is propo s e d fo r February 20, 19 8 5 . Mrs . Romans asked how the Commls<;ion wa n t ed t o pro - cee d on th i s mee t i n g: do they want th staff a n d A torney 's Of f ice to go thro u g h the Or dinance pointin g out c han ges , or does the Commis sio n want t o lea d the discussion on particular sections o f the Or d ina n ce . Mr. Stoel suggested that the proposed chan ges should he reviewed by t he s t a ff for the Boa r d mernh<'rs as they wrrC' fur the Commis sion membe r s . Mrs . Roma ns discussed two items that wen• included in the packets t o t h e Commi ss i o n members . One i Lem is a sect ion of the Denver Plan nin g Co d e wh ich r ela t es to solar rnergy lns t,l lnt l on•. ~r s . Romans also subm i t t e d copies of a BouldPr Cltv, rd !n.mc:P pe rt.tining to solar <'nergy , which Mr. Ol sen had given her. The Sl'Cond document contained in th packet i· a copy of policies adopted by the City of I .ittl~t o n govern ing development in the South Santa Fe Corridor. ~!r·. Homans suggested hat members of t he Commission might want to r view these documents for future discu s sion . Mrs. Romans reminded m<'rnher officers is srheduled f0r h1 of he Cor rnf<>sion that the a nnual election of lr•Jt nlPt•tlng In f' bruary, Februa r y 5th. Mr . Carson inq u1red about th1• tatw; o ~he Fairgrounds property; now that Brock Homes ha<; m>t 'Xi' re lsed th lr npt ion to purchase and develop the site, will it rem.tin in Englew0<1d. Mr~. Rc)man " ated that the land is annexed to Englewoon, .rnd Z<•ning his ht n impos d . 'Ir. Vargas dis- cussed vents th.it havr• occ11rr1 d sinc·1' llrc,ck Hornes failed to ex rc1se the option to purchase. VII. COMMI_SSION' ' CHOICE . Mr. Sto l l'ltatt•d th it h appn•ciat d Lht• ·1rtendanc~ of the C1.ty Attorn ey at th Commissirn mt>C't In •s. Di'lcusston enM1t·d. Mrs . Rom.~ns not d th t Vt>r1lyear a•o , emh»rsc>lth Collll!l isio nex- • I • <i • • • • -15- pr essed an inte r e st in r e viewing the rules and pro c e du r e s with the At- torney's Office, but t his was n o t done . Mrs . Romans sugges t e d that this would b e advantageo us , a nd that the Rules and Procedure Manual was written a numb er of years ago . Mrs . Ro mans suggested that if the staff a n d Com- mission are to op e rat e in a p r ofess ional manner, th ey n eed t o g et gu ida n ce in advance o f a public mee ting. Mr. Olsen sugges t e d t hat th Commission should con i nue con d u c ting their business as they h a ve done i n the p a s t; t hey do have a n esta b lished set of pro cedures t o f ol l ow , a n d hav been doin g a good job . Mr. Ta n guma agr ee d wit h Mr s . Roma ns tha t t he Ru les a n d P r ocedures a r e quit e old and sho uld he r evi ewed . Discussion e nsued. Mr . Ve n a r d sta t e d tha t th e Comm i s sio n h a s asked for clarification of t h eir r es po nsi b ilities a nd a uth o rity , and s tated that he h ad some questio ns wh e th e r th e Co mmission could a pp r o ve an application that did not c onfo rm t o th e minimum r e quiremen t s o f the o rdinances, such as was the case t his e v e nin g i n Case #1 -85. Mr . Olsen suggest e d that p e rh aps members o f the Co mmissi o n would want to have a luncheon me e ting with him t o r e view th e responsibilities and authority of th e Commis sion. Mr . Ol sen stat e d that he finds it unusual for the members t o expres s the i r rea s o ns for their v o te prio r to the vote being called; it is u u al l y e xpr e ss e d f o llo win g the v o te. Mr. S t oel stated tha t h e f e lt i t was hel p ful t o exp r ess the opinion prior to the v ote bein g ca ll ed , h e cJus e diff e r e n t points o f view a re exp resse d that some memb e r s may not have though t of ; this ma y o r ma y not affect the outcome of the v otl.'. Mr . Vargas stated that he felt Mr . Ve nard r aised a goo d po int t o consider; he stated that his •tndl.'rstandlnp of the Plann ed Deve l opm e n t District regula- tions is n o t that clear, and that he also q uestion s whethe r the Co mmission has th e autho rity to aprrwe some t hin g tha t does no t comp ly with the min imum standards of the Ord i n1rnce . '!r . S t oel suggest ed that a p r o po s a l that does not meet the min i mum requirem nts should not hav e been b r o u gh t t o the Com - missio n f o r c on sidt'ra Jon. '-lr. Va r gas stated that t h e appl i c ant does have th e right to havr• 'w C0mmission con sider what they p r opo s e , even if it does not mee min I mum rr>cp1J remrn t<;. 'Ir . Tanguma exp r essed his opinio n t h at t h e P ann e• nevdopmen t Dis t rict is a spt>clal di strict, and that t he r e i s more fl P'<ih il ily in what he Comm i ss i o n may o r may not d o in t h i s 0 1 <; rfrt. 'Ir. "t»el pol nted ou t that the Comm i ss i o n is n o t th e final voict• on pproval of a Planned Development , and that the City Co un c i l may well view thC' ropns<·d development diffPren tly a n d reac h a diffe r e n t de i~ion. The Commission m mbers indicated that t h ey would be will ing to me e t with Mr. Olsen fo r lunch o revi.<w their r esponsib i lities a n d a utho rit y . Th e me e ting was dec l ared adjourned a 9:35 P .H. • I • - • • • • --·------------·---------------------------------, CO~INCIL C 0 M M U N I C A T I G N I ~---IJ~-"-'_T-~-F-~-b-r-ua_r_y_l_. ~'/L~-A~-IrE_~_i ___ s_u_B_J_E_c_r ___ Go_l_f_ca_r_B_i d--~~------_-_-_-_1 11<; T · 1 TE.D BY __ Parks ~~o_n Dep_a_r_t_me_n_t ___________ _ A:TI ... .-~ f ;cPOSED Award of Bid for 19 Golf Cars -~_Boyd Distributing Co., Inc. for $27,911.00 I f--_____ j 1 Introduction Initially, the City purchased the present fleet of 60 Golf Cars in l9B2; 50 cars in April, 1982 and 10 cars in June of 1982. A replacement program set up during the initial year of purchase was to replace 20 cars at three-year intervals, eventually reaching a point where cars are kept no longer than 4 years. With our present schedule, the 20 cars to be replaced in 1987 will be 5 years old, however, in 1988 we 111ay be capable of a 3 or 4 year replacement schedule, based on acutal condition of the golf car fleet. Background Bids for 19 golf cars were opened January 31, 1985, in the office of the purchasing agent. There were three bidde rs providing bids on 4 wheel E-Z-Go Cars, the same cars as our existing fleet. The low bid by Boyd Dis t ributing Co., Inc. provides the best price for cars at 2,769 ea ~ minus l ,300 ea. trade or $1 ,469 ea.; total for the 19 cars being $27,911 .0 0. Bid : results are attached for your review. Financial: The 1985 Golf Course Budget has $29,500 appro ved for go lf car repl ace ment. Accepting the bid of $27,911.00 for 19 cars by Boyd Distributing leaves a balance of $1 ,589.00. RecorMJen dation : Acceptance of low bid by Boyd Distributing Co., Inc. fo r 19 new 4 wheel E-Z-Go Golf Cars , less trade, for $27,911.00 ---------·---------·-__ .., ____________ , -· ----- • I • BIDDER MA KE & MODEL I I I l. RUTTCO, INC. SALT LA £ C !TY, UTAH 1985 ii SOUTHllEST TO RO I A SUQUERQUE , NEW MEX . 1985 BOYD OIST~IBUTING CO . D!:l i\H , CO 1985 J __ 2·--------+--- j 3. --j-- I I 4 . ' I ----- I I . ' 5. I ---I 6. - ii I I " I 7. .. I I ll j, I 8 . • PR OP OSAL • • • CITY OF EN GLEWO OD , C OLO?~)'; BID PROPOSALS TA EU AT J (J t, DATC: OPENED l /3 1/a5 ITEM(S) GU LF CAP.S TRADE ALU[ 19 NEloi GOL F FO R 1982 CARS E-Z -GO CA P.S I 55, 100 19 ,000 1-56,715 9,215 52 ,611 24 . 700 I I I I I I I I I • -- 0 19 GOLF CARS MINUS TRADE DEL I VERY REMAh~ VA LUE TOTAL EACH CP '' 36 .1 00 60 DAYS LE SS T<;ADC: $1 , 9w -, TOTAL EA CH CA~ 47,500 30 DAYS LE SS TRADE -$2 , 500 30-45 TOTAL EACH CA~ 27 . 911 DAYS LE SS TR?.Dl -Sl ,4 5~· ---- •LOI. BIO ' ! I I I : • l t • • - C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJECT Camden Place One Planned De - velopment -an ame ndm e n t t o the Sin clai r Februa r y 8 , 1985 II b n~,.i, "Pl~ -, n---"-----~ INITIATED BY Cit y P lanning and Zo ning Co mm ission ACT I ON PROPOSED Receiv e and r eview th e Commission 1 s decision on Ca mden Place One • Planned Deyelopment which amended the approved (1977) Sinclair Park Pla nn ed Develop- BACKGROUND : An application to amend the Sinclair Park Planned Development, which was approved by the City Cou n cil in 1977, was filed by Mr. Joseph Heffley, President of Winley Inc., d/b/a/ Camden Homes . The application was filed on December 7, 1984, with the Department of Comm unity Development, and was conside r ed by the City Plann ing and Zoning Co mmiss ion on January 22, 1985. The amendment has been requested because Mr. Heffley would like to con s truct 22 townhouse dwellings rather than 20 dwelling unit s , and change the building design and location as well as the traffic circula tion, open space, and yard setback from the approved Planned Development . The Commission found the new site plan is consistent with the R-2 Me d ium Density Resi - den ce District , and the Plann ed Development regulations. The Planning staff had some concern with the quality of the open space and the very minimal setback area on the west, which is adjacent to th single-family area in the 5000 block of South Delaware Street. In making their determination, the Commission held a Public Hearing on January 22, 1985. They reviewed building location, open space, setbacks , traffic circulation , off-street parking , fire access and landscaping. The Commission concluded the amendments would be consistent with the City Codes and voted to give a favorable recommendation for the c hang s to City Coun c il. Testimony was received from the applicant , and from two property owners whose propertiei abut the subject site. Both property owners felt the plan as presented was compatible with the area; however, they stated their concer n with the 16 foot separation between the propos d development and the single-family area . The City Council is the final approving authority, and may accept the Planning Com- mission 's recommendation, or it may hold a public hearing before reaching a decision. Attached is the Commission 's Findings of Fact, the application, the proposed site plan, the landscape plan, the applicant's written statement, the 1977 approved Sinclair Park site plan, and the staff report • I • • • • • • RECOMMENDATION: The City Planning a nd Zoning Commission voted t o recommend to the City Council that the Planned Development amendment should be app r ov ed , subject to the fo l lowing conditions: 1) Th e fire lane is to be posted; 2) Addi tional dr ainage drawings are to be submitted; and 3) Water service is to meet the Utility Department requirements. Attached are two Res ol ution s . The first Res ol ution requires a public hearing befo r e City Council on the application t o amend the Si nclair Park Planned Developme nt. The second Resolution app r ov es the application t o amend the Sinclair Park Planned Development as presented to the Planning Commission. SUGGEST ED ACTION: MOVED BY ~~~~~~~~~~~~~~~~ SECOND~~~~~~~~~~~~~~~~~ I • • • • • • CITY PLANNING AND ZONING COMM I SS IO N CITY OF ENGLEWOO D, COLORADO IN THE MATTER OF CASE NUMBER 1 -85, ) FINDINGS OF FACT, CO NCLUSIO NS , AND ) RECOMM ENDATION S RELATIN G TO THE ) APPLICATIO N TO A.~END AN APPROVE D ) PL ANNED DEVELOPMENT TO A CERTAIN ) PAR CEL OF LAND IN THE CITY Pl.JR-) SUANT TO §16.4-15 OF THE COMPRE-) HENSIV E ZONING ORDINANCE OF THE ) CITY OF ENGLEWOOD, COLORADO. ) FILED BY: WINLEY, INC., d/b/ a/ CAMDEN HOMES 5215 SOUTH BEELER COU RT ENGLEWOOD, COLORADO 80111 JOSEPH HE FFLEY , PRESIDE!\! FOR PROPERTY LO CATED AT: 300 WEST GRA D AVENUE This matter crune before the City Plannin g and Zoning Commissio n o n January 22, 1 985 u pon th e application of Joseph Heffley, President of Camd e n Homes, wh o is under contract to purcha se the pr o perty locat ed at 300 West Gr and Avenue 01."!led by Eugene D. Johnson. The applicatio n is for an am endm ent t o th e approved Sinclair Park Planned Development . Those members of th e City Planning and Zo ning Commission who were present we re: Mess rs. Barbre, Carson , Tanguma, Magnuson, Venard and Stoel. Messrs. McBrayer and Allen were absent. The applicant, Mr. Joseph Heffley , and his representative, Mr. Dasel Hallmark, wer e present and gave testimony a nd eviden ce to the Planning Commi s sion. The staff report and testimony were received by the Commission and incorporated into the record of the Public Hearing. After considering the statements of the witnesses and reviewing the nec essary d ocum e nts, the members of the City Planning and ioning Com- mission made the following findings an d conclusion : FINDI 'GS OF FACT 1. That the public hearing wa initiated by the filing of an application for a request to amend the approved Sinclair Park Planned Development for th property at 300 West Grand Avenue, on December 7, 1984. 2. That the notice of Sentinel, the officia l City crty wa s posted for not les Publi c Hearing. the Public Hearing wa s given in the Englewood newspap r, on January 2, 1985, and the prop- thnn fifteen day prlor to the date of th e 3. That the: area whirh wai. b in consid r d i described as: A. I • • ,. • • • • -2- portion of Section 10, Township S South, Range 68 West of the 6th P.M ., Arapahoe Co unty, State of Colorado , more particularly described as f o l- lows: Beginning at the south quarter corner of said Section 10; thence South 89°48' 36" west, a distance of 1016.66 feet; thence North 00°29'1 0 " east, a distance of 220.00 feet to the true point of beginning; thence No rth 00°29'10" east, a dist a n c e o f 410.00 feet; thence South 89°48'66" west, a distan ce o f 1 6 S.29 f eet, mo r e o r less, t o the northeast c o rne r of Lot 16, Delaware He ight s ; then c e So uth 00°29'10" west, a distance o f 410.00 feet; thenc e No rth 89 °48'36" east, a distance of 16S.28 f eet t o the true point of beginning, containing l.SS6 acres, more o r less. 4. That the applicant is under contract to purchase the above described subjec t site. S. That the subject area was annexed to the City by Ordinance No . 13 of 19S3 and the present zoning, R-2, Medium-Density Residence, was imposed by Ordinance No . SO, of 197S; which District permits the construc tion of residentia l units no t to excee d 14 units per acre. 6. That Mr. Hallmark testified t o the design of the proposed pro- ject, stating : a. That the hammerhead tum-around design was a result of the Fire De partment requirement. b. That ther e will be a 1-1/2 inch water .line with a one inch meter serving the struc tures. c . Tha t t he f i r e l a ne will be posted. 7. Tha t Mr. He ffley testified that they would provide the followin g f eatur es in t he pro po s ed Pl ann ed Develo pment, which is to be identified as Ca md en Pl a ce One . a. A priva cy f e nce wi l l b e c onstructed on the west and s o u th p r oper ty lin e s , a nd that there i.s a privace fenc e existing on the cast pro per t y l ine . b . The l a n dscape plan which was p resent e d at the h earini will be implemented and the landscaping ins t a l l ed a ccording t o that plan . c . Individual patios will be inc luded in each unit which wi ll prov ide privacy f o r the resid nts. d. The units will be owned , a nd the o wn e r ship would form a Home Owner's Association . 8. Titat Mr. Louis Ca ng illa , a n a dj acent property owner at SOOO South Del awa re St r eet , t est i fied that he felt the plan as presented was compat i ble to the area; howeve r, h e was c o n cerne d abo u t the 16 foot set- back/separation between t he townhouse s tru c tures and the s i ngle-family area t o t h e west. 9. That Mr. Roy llankl e , pro p rty owner at SOSO Sou t h Del aw a r e Str et whi ch adj o in the s ubj ec t sit , testified that h i s con c erned I • • ( • • • • -3- ab out the 1 f oot tback and agreed with the staff r e po rt analysis . That the ana ly 1 and reco mmendation of the Planning s taff was that th plan sho uld be referred back t o the ap plicant for reconsidera- tion o f the den ity and the building arrangement in an at tempt to devel op a r d irabl e livin environment for residents. 11. That Mr. H ffley wa s of the opinion that when he and Peg Ke rwin, his partner, had met with the homeow n ers on the east side o f South Delaware St r eet ~1th th ir proposed plan, t hat the n eighborhood was in agreement with t he design. 12. That the Planning Commission is of the opinion that there should be s ome f lexibility in the Planned Development guidelines. 13. That b ecause of new concepts in development and the limited amount of available land in the City for medium-density housing, the design as pro pos ed is ap propriate to be co nstructed o n the subject site. 14. That in order to sell the t y pe of units that Camden Homes pro - poses t o constru ct , the pro posed d evelopment will have to be made pleasant. 15. That Mr. Heffley verbally agreed to three cond it ions: a) The fire lane will be posted. b) Detailed drawtngs of flow release structures through wal ks int o West Gran d Avenue will be provided prio r to i ssuance of b uilding permits. c) Water s ervice will meet with the Utilities De partme nt ap- proval prio r to issu ance of building permits. 16. That the Camden Place One Plann ed Development is consistent with the intent of the Comprehensive Plan. CONCLUSIONS 1. That proper n ot ice was given of the Public Hearing which wa s held on January 22, 1985 . 2. That the application filed by Mr. Joseph Heffley for 300 West Grand Avenue is in compliance with the Planned Development Distric t and the R-2, Medium-Densi ty Residence District. 3. That the Plan amendment is designed for home ownership. 4. That the amended Planned Development would be compatible with the adjacent area and will have no adverse effect on the adjacent prop- erties. 5. That th proposed am ndment are consistent with the intent and purpos of the City Comprehensive Plan • • I • • < ( • • • • -4- RECOMMENDATIO N Therefore, it is the recommendation of the City Planning and Zoning Commission to the Englewood City Council that the application of Mr. Joseph Heffley for amending an approved Planned Development to construct a twenty-two unit townhouse development be approved, along with the v e rbal a c ceptance of the three above-mentioned conditio ns by the appli- c ant. Upon a vote of the Commission on a motion made by Mr. Stoel and seconded by Mr. Carson, the following members voted in favor of the Camden Place One Planned Development: Messrs. Barbre, Tanguma, Carson, Magnuson, Venard, and Stoel. Messrs. All e n and McBrayer were absent. This Decision and these Findings of Fact and Conclusions are ef- fective as of the meeting of the City Planning and Zoning Commission held on February 5, 1985. By Order of the City Planning & Zoning Commission. • I • < ' • • .. • CITY OF ENGLEWOOD, CX>LORAOO 3400 SOU111 ELATI STREET ENGLEWOOD, COLORADO 80 llO Appli c ation for approval of a Development Plan §22.4A Planned Developeent District --------------------- Date : Applicant : Winley, Inc., d/b/a Ma .. :~ __ _::C:anod:::::;e~n:...:;R~o=me~•:..._ ______ _ Addre••: 5215 South Beeler Court Englewood, CO 8011) Telepb ooe :--~7~4~1_-~1~31~0=--------~ Owoer of Property : N .. e : Eugen e O. Johnson Addreee: P. o. Box 182 Sedalia, CO BOIJS Telepbooe :--~6~8~8-~2~0~40:..-------~ ~: Do Not Write in 11lis Soace : Fee Paid: Ca11e Nuaber: I -8? -- Date Recei•ed: 1~/z M Pre-application Conference: to · ti -f?'\· Date of Hearina; before PlanniQS C01111ieeion : / •. 2 ;;-'i -1 Action Taken :~------------- Date Received by Clty eouocil: Date of Hearinc before Council: Action Taken: Co ndition• lapoaed : ________ _ Oii te Filed wi tb Arapahoe Couotr Clerk • Recorder : __________ ~ Sub•equent Act i on :~------~ If the a pplicant is not the owner o f the propertr, the applica- tion aust be accoapanied by the written authorisation tor •uch action •igned by the owner or ownere of •aid land, together with a atateaent signed by the owner or owner• that tbeJ a1ree to be bound by the re1ulation• and conditio'll8 wbich will be effective with the approval and recordin& of tbe Develop98nt Plan. INPORMATION TO ACCOMPANY APPLICATIOW : (a) Preliainary Plans. A Preliainary Plan ahowina; tbe aajor details of the prop osed Planned Development at a scale of not leas than l" -50' and in sufficient detail to evaluate the land planning, building design, and other feature• of the proposed development. 1be Preliainary Plans auat contain, insofar as is applicable, the tollowin1 a iniaua inforaation : • I • - ( ( • • • - 1. A Boundary survey; 2. The existing topographic character of the laud ; 3. The proposed land u s esi 4. Th e loc ation of all existing and proposed bu ildings, structures and improvements; 5. The density and type of dwell i ngs, including typical (•l · va t io ns n r1d s howin i; maxim11111 hei g ht ; ~. 111~ •aJu r v~1ot~ ut acct~~ to puolic ri~nt~-ui-~.,, t ~c internal tratJ1 , Jud c lrculdti Jn s ybt~m ~, i i ~ • .i ( ...... c-j '1 .,J 1 -•1 .o t...o..-~J.t'rL..._~,b .1l'.:'U:>J ~t1 .t'fl .:::: ~l ... ,. and loading areas ; 7. The location , hei ght and size of proposed signs, fe nces, lighting and advertising devices including ty pica l elevations; 8. Arens which are to be conveyed, dedicated or reserved for public purposes, including, but not limited to, park s and recreational areas, schools, public buildings, or other public purposes ; 9. Areas subject to a 100-year flooding cycle; 10 . A gener al la.ndscape plan with major types of mater i als desi g nated as to purpose ; 11. Designation of var ious stages for construction , if appl icable . (b) Written Statement. Tbe written s tatement with the Planned Development application shall contain the following min~mua information : 1. A statement of the present ownership and a legal description of all of the land included in the Pla nned Developaent; 2. An expl anation of the objec tives to be achieved by the development, i ncluding building descriptions, sketches, or elevations as may be necessary to des- c ribe the objectives; J. A d velopiaent schedule indi ca ting the approxillate date wh n construction of the developaent or stages of the deve loJllllent can be expected to begin and to be com pleted ; 4. Copies of any speci al agreements, conveyances, rest ri c tions, or covenants which will govern tbe use, maintenance and protection of the developaent and public areas. (c) The applic ant may submit any other information or exhibits deemed pertine nt to the evaluation or the proposed Planned Development. Submitted herewith is the required fee of $ which has been established by the Cit y Council according to a schedu le for Planned Development applications to cover the cost of processing and review. In addition, I understand that I will be required to post the property according to specifications s et forth by the Departaent of Coaaunity Develop- aunt and to pay !or the cost of th publication of the legal notice of the public hearing before the City Planning and Zoning ComaiSblon and before the City Council , should the Council det rm1ne that It is to the public interest to hold a hearing on this application. Dy : of Ing Win Joy, Inc •• d/b/a CAflden Home.1 Applicant (Corpora tion or individual owner ) orUcif!l Rep h nf t .k>taph H. Heff~ Pr a ldent ' (Off! e or • by virtue ld) I • - ( • ( • • • • TO Wll0:t IT IAY CONCEt<N : This is t o advise that Winley, Inc-., d.b .a . Camden Homes, is un d t r contract to pur chaser th e 1 .556 ac r es located on West Gra1~ Avenu e adjacent to Delaware Heights . Camden Homes is c urren tly making an application to the City of EnRlewood for a P.U .D. on the above men - tioned property . As present o'WT1er of said land, I herewith agree to be bound by the r egulations and conditions which will be effective with the approval and recording of the Development Plan. AGREED : !{/</ . Date • I • • ( • I I I • • - Camden Homes 5121 SOUTH BEE L ER ENGLEWOOD COLORADO 8 0111 TELEPHONE (303) 771 -6379 CAMDEN PLACE ONE The Planned Development to be known as Camden Place One is presently sh o win~ Eugene D. Johnson to be in title • Winley, Inc., d/b/a Camden Homes, is under contract, dated September 19, 1984, to purchase the land for said proposed development, closing to be on or about February 20, 1985. The legal description of the land to be conveyed is: That part of the southeast one-quarter of the southwest one- quarter of Section 10, Township 5 South, Range 68 West of the 6th P.M., described as follows: beginning at the northeast corner of Lot 16, Delaware Heights; thence North 89°58'14" East, a distance of 165.29 feet; thence South 00°37'53" West, a dis- tance of 410.00 feet; thence South 89°58'14" West, a distance of 165.29 feet; thence North 00°37'48" East, a distance of 410.00 feet to the point of beginning , County of Arapahoe, State of Colorado. To agree with the City of Englewood, legal descrintion should be as follows: A portion of Section 10, Townshin 5 South, Range 68 West of the 6th P.M., Arapahoe County, State of Colorado, more particularly described as follows: beginning at the south quarter corner of said Section 10; thence south 89°48'36" west, a distance of 1016.66 feet; thence north 00°29'10" east, a distance of 220.00 feet to the true point of beginning; thence north 00°29'10" east, a distance of 410.00 feet; thence south 89°48'36" west, a distance of 165.29 feet, more or less, to the northeast corner of Lot 16, Delaware Heights; thence south 00°29'10" west, a distance of 410.00 feet: thence north 89°48' 36" east, a distanc e of 165. 28 feet t •> the true point of beginning, containing 1 .556 acres, more or less. Property wi ll be conveyed from Winley, Inc. t o individual bu ye rs as individual condomin ium units. The objective of the proposed development will be to appeal to family oriented buyers. As per the atta c hed, two plans will be offered: three bedrooms with two and one-half baths; and two bedrooms, also reflecting two and one-half baths. The over-all design will be modern with each unit having its own two car garage. ln addition, ten off-street spaces will be provided for visitor parking. The proposed develooment is 111 ant to represent a "buffer" between the apartment buildings t o the ast and the single family homes to the west that will compliment each other. • I • • • CA.'IDD" PLAC E O:\E Pa ~t' l\.'v .. • • • Co nstructio n is anti c ipated t ~ bec in within t hi rt y days after fin al ap ~r ova l f r om the Cit y of Encl ew oo d; and comp letio n is expec ted t o b e within tw elve mo nths of the s tart date. A sewer easeme nt, conveyed t o Eugene D. Johnson on March 18, 1977, an d re co rded April 11, 1977 in Book 2572 at Pa ge 47 6 in the records of t he Ar apa h o e Co unty Clerk and Recorder will be utilized. Sa i d easement will be c onveyed t o Winley, Inc. in a cco rdance with the terms and conditions of that certai n purchase contract d a ted September 19, 1984 . A h om e owners association will be formed. Care and main tenance of the cc!lllllo n are as will be handled b y a professi onal mana gement company under the direction of the h om e owners association. • I • • • w :':' . ' ~. --~~- "'1 J , ..... ....-c.. .. :.· • .:c ... -~~ "'1C ..... .t, ''" .. ~-.. (- •••• I':. _.,., ..:~ .. -4t . M' .... ..u ,, ,_,.,,,.. ~ ~~ 7J J. J .M• ;-I(._ ......... "' ............. J~._o..T J-. ,o •'\. SINCLAIR PARK • • - ! , __ ., ... ~"""'l' . .. ..... ~ , 'l.,, ... . I •.,._,.,,,<; .t ......... -.... , ' ........... '-1'1 1:,,. ........ -.. ,. '!.. -··· •• ,... ,. ~" , .... , ... -. ""•·• .., .. t,, ,., ... 'r•• •«, -·• ,.,.. ,, ... , C v• t. • 1t '• -"' • _ ...... ,.-. (rr' ..... ;,- .. ll •••• c ..... ... • .... • ~t • ·' - ~ ..-... 'O.-·t .! W f ~ I •t' • • ....... , .. .. . -.. -. • ..i...· u ............. ...L. "• J:f . .. • ... ..;. q ., !,..__. ~.j'-;: u ;,f.,, " ,,..:••• ... ••.• ... s ·-· . ., .... ~ I \c t·•n• f ,. ~ ~ .. _.. . "'·~. . ! ....... .. q;i f - JU •.)'"'tf• 1.1~ , , ._l-. , •. ,. : ... I\"'' ~· ..•• ,.. .. f'1, ....... '•. ••• •.:; • v·• ,• ... '•·•· • • -.· u·· (h ......... , • ....., ..... "''""-'•· .. 1 ....... . ,.._.-IM'-·'--"f 'no.•;,..,.~4.,.,'-"t • .... •I t"I ~ \·· .,., '•" • .,,. r.. ..... ,,.. rr .... ~ ..... ·-f • .... '''" P"IPA"ID •Y : LANDAIDI INC . eot WIST 0LITTLkTON •OULllVARD, • IT Tl •Tn• r.n• n• a DO • ( • ( STAFF R[PORT Pa g e -1- STAFF REPO RT RE: • • • PUBLIC HEARING PLANNED DEVELOPMEN T Cas e fll -85 Camden Place One Planned Development, an amend me nt to t he Sin cla ir Pa rk Planned Development . DATE TO BE CONSIDERED: January 22, 1985 NAME OF APPLICANT: Winley, Inc ., d /b/a Camden Homes 5215 South Be eler Cou rt Englewood, Colo rado 80111 Joseph Heffley, President NAME OF PROPERTY O\.,'NER : Eugen e D. Johnson P. 0. Bo x 182 Sedalia , Colorado 80135 RELATION OF APPLI CANT TO REQUEST: Ca mde n Homes is under contract to purchase the subject property. LOCATION AND LEGAL DESCRIPTION OF PROPOSAL: The property is a vacant parcel of land located three blocks west of South Broadwa on West Grand Avenue and south of Sinclair Middle School. Th legal description is as follows: A portion of Section 10, Townsh ip 5 South, Range 68 West of t he 6th P.M., Arapahoe County , State of Co lorado, mo r e particularly described as follo ws: beginning at the south quarter corner of said Section 10; th nee south 89°48 '36" west, a distance of 1016.66 feet; thence north 00°29 '10" east, a distance of 220.00 feet to the true point of beginning; thence north 00°29 '10" east, a distance of 410.00 feet; thence south 89°48' 36" west, a distan ce of 165.29 feet, more o r less, to the north- ea t corner of Lot 16, Del ware Heights; thence south 00°29'10" west, a distanc of 410.00 f et; thence nor th 89 °48'36'' east, a distance of 165.28 fe t t o t h true point of beginning , containing 1.556 acres, mor or l s . • I • • STAFF REPORT Pa c e -2- ZONE DISTRICT: • • - PLANNED DEVELOPMF.NT Case fll -85 R-2, Medium Density Residence District, which district permits a maximum density of 14 units per acre. DESCRIPTIOK OF THE SUBJECT SITE AND THE ADJACENT AREA: The subject site is located between two developed subdivisions: (a) In the Delaware Heights Subdivision to the west, there are single-family residences which front on the 5000 block of South Delaware Street; and (b) In the Carmel Park Subdivision t o the east, there are 390 units in the fifteen apartment buildings. The subject site has 165 feet of frontage on West Grand Avenue at its no rth boundary. Across the street to the north of West Grand Avenue is Sinclair Middle School. The south property line divides the subject property from two parcels of land with frontage on West Belleview Avenue, which are now occupied by two older residential structures. The subject property is adjacent to residential zone districts on all sides: R-1-A, Single-family Residence on the north and west; R-3, High Density Residence on the east, and R-2, Medium-Density Residence on the s outh . BACKGROUND OF PREVIOUS CITY ACTION RELATING TO THE PROPERTY: The property was annexed to the City of Englewood in 1953, and has been subject to various zoning requests and changes over the years but has remained undeveloped to the present date. Originally zoned R-1-B for single-family residences, at least three requests have been made t o r zone the property to high density or multi-family residentia l use. The Planning Commission and the City Council denied these requests on the g rounds that ad d itio nal R-3 zoning was not needed in the City and becaus of strong objections from the adjacent single-family residents on Sou t h D laware St reet. The area was zoned R-2-A (Two-famil y Resi- den c ) in 1963 , and in 19 75 when this zone classification was repealed, th e zoning appli d was R-2, Medium Density Residence. I n 1977, th Planning Commission approved the Sinclair Park Planned Development and subdivision waiver. The development proposed in the approved development plan was never built, but has been the subject of co n iderable specul ation. DESCRIPTION OF RFQ EST: Th applicant i s r ques ting n amendment to an approv d planned dcv lo~ nt to con truct 22 townh o u e dw llings on 67,764.8 square feet of pr o p~rty. Thi i a density o f 14 units p r acre. Th sit plan in- • I • STA FF REPO RT Page -3- • • - PLA NNE D DEV ELO PMENT Ca se 111 -8 5 e ludes four struc tures with tw o containing five units in each, and t h e remaining two structures containing six dwellings in ea c h building. Acces s is fr om Wes t Grand Avenue via a center drive lane to ea c h dw el ling wi th 1 0 off-s tre et guest parking spaces provided between the structu r es . Th e drive lane wil l also provide for fire acce ss. Each town h o us e wi ll hav e an attac hed two -c ar garage. Ei gh t townhomes will have two bedrooms with the remaining 14 unit s having either two o r three bedrooms depending on the buyer's need. Each building will hav e two stories. Se ctio n 2 2 .4-5 of the Co mp rehensive Zoning Ordinance states that multi-family dwel l i ngs are a p e rmitted use in th e R-2 Zo ne District, provided that: " ..• no t mor e t h an four of which [units] shall be at- ta ched . Pl a nned Develo pme nt approval is required for f our o r ma r un its ." The ap p l i c ant is pro posing development o f five and six att ach e d un its , and it is for this reason Planned Develo pm e nt app roval is r e - q ues t e d, a s we ll a s am ending the existing development plan . COMMEN TS FROM OTHER DEP ARTMENTS: Th i s request was r eferred t o o the r City Departments for the ir c om- me nts. The res pon s es a r e as follo ws: F i r e Depa r tment: The propo s al is ap proved , pro v ided the fir e lane is ma r ked or posted. City Engineer : The p r oposal i s ap prov ed a long with t h e dr ainage concept; however, details o f f low r elease struc tures, chase s ection s through walk into West Grand Ave nu e , e t c . wil l be required pr i or t o pr oject completion. Also , all c u r b , gutter, and s idewalk shall b e rought to City standards. All d amag e d con cret e shall b e r e pa ir ed or replaced. Building Department: The p r oposal is approved pr ovided the fire lane is po ted with approved "no parking -fire lane'' sign and all con- struction ust meet City code requirements. Utiliti s D partment: The proposal is approved with the condition that a bett r wat r service will be designed. The proposal attached is not adequate to insur water pressure to upper levels. A water main ex- tension in th easem nt would provide b tter water p ressure. Public Works: A cul-de-sac would be t h e more eff i cien t tur n around at the south nd. RELATIONSHIP TO THE COMPREHENSIVE PLAN: The pro pos d d v l o pment i co patibl with the intent of th Com- pr h n iv Plan. • I • ' ' STAFr REPOR T Page -4- • • - DEPARTMENT OF CQ}ll'fiINITY DEVELOPMENT ANALYSIS: PLANNED DEVELOPMENT Case //1 -85 The intent of the Planned Development District is to "encourage diversification in the location of structures" ••• and provide for "usable open space while insuring adequate standards relating to the public health, safety, welfare and convenience in the use and occupancy of buildings and facilities." Before approving a Planned Development, the approving agency (the City Council upon the recommendation of the Planning Commission) shall find that the proposed development plan will implement certain standards. Section 16.4-15 e (4) requires that the minimum usable open space shall be met through the overall design and amenities proposed for the development. Section 16.4-15 e (6) (a) re- quires that the site plan must contain a buffer of a 25 foot landscaped area with an opaque six foot deco rative fence when th e proposed develop- ment is adjacent to a single-family area . Thi s is t o minimize an y ad- verse effects upon the residents in the single-family district. Section 16.4-15 e 6 (b) requires that sufficient space must be provided between buil dings and struc tures, giv ing consideration to their intended use , their location, d esign and height, the placement and extent of fa cing window areas, and the t opography and other natural features as will as - sure privacy and a pleasant environment. In t his particular cas with the thre above stated trict. First, the usable open pac of the sit e . The requir d u a l is 50 % of th site. Second, a 2 quired between the single-family area t o structures on the western portion of th not meet Dis- 40 plan shows a 16 foot etback. Third, th assure priva cy o r a pleasant environm nt for t in the proposed development becau e of th spacial arran em nt of the buildings. There i not an adequate private open spac feature for each townhouse unit. The front yard to each unit faces the rear yard of the properties to the west, and is only 16 fe t in depth, and is common to th rest of the development, affording little outdoor privacy. There is no back yard. Each unit backs onto the access/fire lane. Thi arrangement does not assure a pleasant environment for the residents when there i no buffer between living/sleeping areas and neighboring traffic. The staff recognizes that this is a difficult site to develop be- cause it is long and narrow. However, the building coverage is 8% greater than the R-2 Zone District standards allow, which is 30% of the lot. In comparing the proposed plan with the approved Sinclair Park Planned Dev lopment, one notes that the approved Planned Development ha taken into consideration the quality of open space. Sinclair Park Planned Development has 54% of the site in usable open space and an ov rall average 55 foot s tback on the west portion of the site. Parking would b to th east; however, it would not be covered. The approv d building arrangement makes us of the n arrow, Iona site by angling th units. This provides for a pleasant, more privat e open • I • f .. • STAFF REPORT Page -5- • • • PLANNED DEVELOPMENT Case 11 1-85 space to the west and a greater separation between the single-family area and the multi-family units. The off-street parking is used to buffer or separate the high density multi-family located to the east from the lower density units in Sinclair Park. Camden Place One places the structures on site to obtain the maximum density allowed in the R-2 Zone District at the expense of the quality of open space for each unit and setbacks on the east and west. It appears there is one building type and floor plan which the developer wished to construct, without taking into consideration the constraints of the site and basic City requirements. In addition to the site design concerns, there are other conditions to approval that should be considered: 1. The fire lane must be posted. 2. Detailed drawings of flow release structures through walks into West Grand Avenue will be required prior to issuance of building permits. 3. Water service design will have to meet with the Utilities Depart- ment approval prior to issuance of building permits. RECOMMENDATION OF THE DEPARTME~T OF COMMUNITY DEVELOPMENT. The staff recommends that the plans be referred back to the applicant for reconsideration of the building arrangement in order to develop a more desirable living environment. • I • • 'I t" ,\ I ' . ..!.-------! ·.; ·;1 '\-------~ ·'' i . ,I ' '"\' "' .., .., ... "' D "' m '"-------l -~I -;I ·:1 L:.i -;:~~----~ ~ 21 : C9 "' ,. d .._ _ __:_.I '-'I:' __ __, I I •: ~ 1,,, I' ., ·, I 1'e I #•, .j i ') l!C B 0 14 CEL AWAC::'. MT~ I.! ·..i. !. I '"\ 01 3 p} 012 I I I Cll I 010 -f. ~') ~ .. CJ~ . <.'.' .. '/ :-/ v .n .... "' ,.. .. 5 6 7 b ., ,._ • t; ~ ~ w 0 • CJ) ~ ..... ~ <' 0 ... I 13 ~ I '"' "' v ,... .... I I 12 2 -,. ,, -" 002 130 -/'1 _, ·-u 0 3 :i: ... ti ..v • ""I: ljC5 HTS 13 :o a (~ R-1-A IZ ')05 II 0 06 ,, :>07 9 I ~ • \..8 . ,._ I ~0 5 • • - 8 15 13 P 4 07 165..'.9 , .. "' .... R-2 . , @ ~ .,. v 01 9 SUBJECT 0 ~ SITE "'"' ?Q "V ~~ ll"l.30 0 IO "' Im IO "' IO IO <D go20 ~ OZI ~ ,098 11 4~ NORTH SCALE: I 11/ I 00' SINC~ MIDDLE SCHro.. B 1105 P 4 7 1 W. GRAND A VE. B 1'05 ?4 72 80 d ' ··1 I I I I I I ' I I I I I I I I I I I I 033 ' 0 34 I I I I I I I I I R-3 I I (A ~¥:~ I I I I 3 2 0 027 9: IC II I I 12 I I I I I I I I I I 031 032 I I I I I I I I I I I I I I 1'J II I ti t W. BE LLEVEW AVE. • I • • , .. , • • • • RFSOLUTION 00. SERIES OF 1985 __ _ A RF.SOLUTION REQUIRING A PUBLIC HEARING BEFORE CITY COUNCIL IN CASE ~ER 1-85, THE APPLICATION FOR AMENDMENT 'IO 'mE PREVIOUSLY APPROVED SI OCLAIR PARK PLANNID DEVELOPMFNI'. WHEREAS, the Englewood City Council desires to hold a piblic hearing on the application to amend the Sinclair Park Planned DevelO{Xtlent filed by Mr. Joseph Heffley, President of Winley Inc ., d/b/a canrlen Hanes. NCM, 'mEREFORE, BE IT RFSOLVID BY THE CITY COUNCIL OF 'mE CITY OF ENGLEHXJO, COLORADO, AS FOLLOWS: A piblic hearing shall be held at m. on the day of , 1985, before the City Council of the City of Englewood on the application of Mr. Joseph Heffley to amend Sinclair Park Planned Developnent in case Nunber 1-85. ADOPTED AND APPROVED this 19th day of February, 1985. Eugene L. otis, Mayor Attest: ex officio City Clerk-Treasurer I , Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and caaplete copy of Resolution No. __ , Series of 1985. Gary R. Higbee • I • • RE.50LUTION NO. __LQ_ SERIES OF 1985 • • - A RFSOLUTION ADOPTING FINDINGS OF FACT, OOOCWSIONS, AND DEX:ISION OF THE ENGLm:>OD PLANNING AND ZONING CDl't1ISSION IN CASE NUMBER 1-85, AMENDMENT TO SIOCLAIR PARK PLANNED DEVELOPMENT. WHEREAS, the Englewood City Council, upon recomnendation of the City Planning and Zoning Carmission previously approved Sinclair Park Planned Development in 1977; and WHEREAS, an application to amend the Sinclair Park Planned Development was filed by Mr. Joseph Heffley, President of Winley Inc. , d/b/a carrden Hanes. NCM, THEREFORE, BE IT RESOLVID BY THE CITY O'.XJNCIL OF THE CITY OF ENGLEWXJD, COLORADO, AS FOLLOWS: CITY O'.XJNCIIL FINDS: 1. 'rtlat the application in case Nlnlber 1-85 is concerned with an amendment to a previously approved Planned Development for property at 300 West Grand Avenue in the City of Englewood, County of Arapahoe, State of Colorado, legally described as follows: A portion of Section 10 , Township 5 south, Range 68 West of t he 6th P.M., more particularly described as follows: Beg i nn i ng at the South quarter corner of sa i d Section 10; th nee South 89048'36" West a d i stance of 1016.66 feet; thence Nor t h 00029' 10" East a d i stance of 220.00 feet to the true po i nt of beginning; thence North 00o29'10" Eas t a distance of 410.00 feet; thence sou h 89048'66 " Wes a dis ance of 165.29 feet , more or less , o the Nor hea s corner of Lot 16, Delaware Heights; thence sou OOo 29 '10 " s a dis a nce of 410.00 feet; thence Nor th 89048 '36 " F.ast Eas a dis a nce of 165.28 feet to the t r ue po in of beg in- ning, containi ng 1.556 acres, more or les s . 2. 'n'la the area with wh i ch the a pplica ion is concerned is o vel by Mr . Joseph Heffl e y, who is under con rac o purchase the pro rty located at 300 Wes t Grand Aven owned by Eug ne D. ohnson . '"1e application is for an amerdnen to pproved Sinclair Park Planned Deve l opmen t . 3 . 'rtla the Sinclair Pa rk Planned Developmen t was originally approved by Englewood City Council i n 1977; the application to amend said Planned velopment was fi led wi th the Depart:men of Carmunity Developnen on Decembe r 7 , 1984. 4 . 'rtla the objec ive of fili ng of th i s application to amend is to allow the cons rue ion of 22 t ownhouse dwe lli ngs, r ather than 20 dwelling uni s , and chang the bu ild i ng des i gn and location as well as the traffic circulation , open space , a nd ya r d setbac k f ran the approved Planned Development . • I • • -• • .. • 5. That a public hearing was held before the Englewood Planning and Zoning CClrmission on January 22, 1985. 6. That the Planning and Zoning carmission is of the opinion there should be sane flexibility in the Planned Developnent guide- lines. 7. Because of new concepts in developnent and the limited amount of available land in the City for medilnl-<lensity housing, the design as proposed is appropriate to be constructed on the subject property and that Caitrlen Place One Planned Developnent is consistent with the intent of the canprehensive Plan. ~SIONS: 1. That proper notice was given of the Public Hearing which was held on January 22, 1985. 2. That the application filed by Mr. Joseph Heffley for 300 West Grand Avenue, to be known as Caitrlen Place One, is in canpl iance with the Planned Developnent District and the R-2, Medil.lll-Density Residence District. 3. 'lbat the Plan anencinent is des i gned for heme ownership. ( .. , 4. That the anended Planned Developnent would be canpatible • with the neighborhood and will have no adverse effect on the adjacent properties. 5. 'lbat the proposed amerrlnents are consistent with the i ntent and purpose of the City canprehensive Plan. IT IS HEREBY DEX::IDID that this Council adopt the foregoing Findings of Fact and COnclusions of the Englewood Plann ing and Zoning catmission and approve the application to amend an approved Planned Developnent for property located at 300 west Grand Avenue to be known as Canrlen Place One. AOOPTID AND APPROVID this 19th day of February, 1985. E>.Jgene L. Otis, Mayor Attest: ex officio city Clerk-Treasurer I • • n 0 • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and for~o,i.ng is .a true, accurate and canplete copy of Resolution No. (/, Series of 1985. Gary R. Higbee • I • • n • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJECT /JG BOOK PROCESSING CONTRACT INITIATED BY ~-L_ib~r~a~r~y_..;;.D~e~p~ar_t_m_e~n~t~~~~~~~~~~~~~~~~~~~~ ACTION PROPOSED Council adopt the Bill for an Ordinance for 1985 Contract between Eng lewood Publi c Library and SEMBCS I l\TRODUCTI ON: The Library Department contracts with a regional book processing center for the classi- fication, cataloging, and processing of current acquisitions for its collection. This arrangement with the Southeast Metropolitan Board of Cooperative Services (SEMBCS) ( results in the availability of machine readable bibliographic information for these •i tems which will be used in a future automated library management system. • FL ANClAl: The contract presented for your consideration covers the time per iod January l, 1985, to Dece mber 31, 1985 . Department s taff e stimate that the Library will acquire 4500 • titles in 1985 . This contract i ncludes a per item price of $3.75 for 3000 items. - The difference of 1500 items is being handled as a carryover from the 1984 contract between the Library and SEMBCS at no additional charge. This 1985 contract also in- cludes a single annual cha rge of $500 for t he weekly delivery of proces sed items to the Library from SEMBCS, as well as a per item price of $.15 for the insertion of security strips into the processed materials that allow them to interact with the Li- brary's 1935 purchased Book Detection Security System. The total cost under this 1985 SDlBCS contract is $12,425 and has been included in the 1985 budget for the Library Depa rt r.ien t. REC 1m:•DED ACTIO . : Council adopt the Bill for an Ordinance for 1985 Contract • I • • • • • • - SOUTHEAST METROPOLITAN BOARD OF COOPERATIVE SERVICES 3301 South Monaco Denve r, Colorado 80222 PROGRAM AGREEMENT The Sou thea st Metropolitan Board of Cooperative Services (SEMBCS) and t he Englewood Pu blic Library <lo hereby e nter into an ag reement in which SEMBCS agrees to provide me dia cataloging a nd proces s ing services . The above program is ef- fec ti ve beginn i n g Jan uary 1, 1985 , and ending Decembe r 31 , 19 85. SEMBCS ack nowledges a c arryove r of ap proxima tel y 2,000 items to be processed for the Englewood Public Library und er the 1984 Progr am Agreement of 4,500 items at Two Do ll a r s and Thirty-eight Ce nt s each ($2.38). This 1985 Program Agreement will commen ce upon the comp l eted processing of these i tem s . At this time, in su pport of the above agreement, En g l ewood Public Library agrees to pay SEMBCS the sum of El even Thousand Two Hundred and Fifty Dollars ($11,250), an amount which covers the complete cataloging and processing of Three Thousand (3 ,0 00) items at Three Dollars and Seven t y-five Cents ($3.75) each and the weekly de- livery of processed items to Eng l ewood Public Lib r ary at the annual cost of Five llundred Dollars ($500). If the number of items processed exceeds the 3,000 specified in thi s agreement during the terms of the con tract, Englewood Public Library will be bil l ed at Three Dollars a nd Seventy-Five Cents ($3.75) for each item over that number. On the other hand, s hould the number of items processed fall below 3,000, Englewood Public Library will receive a credit of Three Dollars and Seventy-Five Cents ($3. 75) for each item under the total amount. That credit may be applied to the 1986 cont ract, if o ne is forthcomi ng, or a refund given early in 1986. In addition to the above amounts, SEMBCS agrees to p rovide the application of secur ity strips to all processed Engle wood Public Library items, once Engle- wood has selected a vendor and purchased the appropr iate secur ity strips. These will be provided to SEMBCS by Englewood Public Library and will be applied by SEMBCS as part of its regular processing at the rate of Fifteen Cents ($.15) per item or a total cost of Six Hundred and Seventy-five Dollars ($675) for the approx- imate 4,500 items to be processed by SE IBCS for Englewood Public Library under this agreement. SEMBCS Media Services wi 11 be responsible for the fol lowing : I. Receiving and checking in of materials, including rectifying errors in shipping. ::!. Profess10nal cataloging of all material s according to procedural agree- ments. 3. laterials processing will include, for books: a complete catalog card set, bar code label, book pocket, mylar jacket when needed, complete set of labels, security strip (as supplied by EPL), and ready for use. Audiovisual items and kits will receive: a complete card catalog set, bar code label, pocket, security st rips as appropriate, and a complete set of labels for each major item, ready for use . • I • • • (, ' • • • • -2- 4. Delivery of processed items to Englewood Public Library once a week . 5. Payment to SEMBCS by Englewood Public Library shall be as follows : $11,250 (for the 3,000 items to be processed under this agreement) 0 (for the 2,000 items carried over from the 1984 agreement ) 675 (for the 4,500 combined items supplied with security strips under this agreement) 500 (for the 4,500 combined items delivered under this agreement) °'$""'12"""",-:4'"=2-=-5 TOTAL PER THIS AGREEMENT Payment to SEMBCS by Englewood Public Library shall be made as follows: $6,212.50 by June 15, 1985 6,212.50 by September 15, 1985 $12,425.00 TOTAL Signed as of the day of PRESIDEN T, BOARD OF DIRECTORS SECRETARY ~~~~~~-' 1985. MAYOR, CITY OF E GLEWOOD CITY CLERK-TREASURER, CITY OF ENGLEWOOD • I • • (, • BY AUTHORITY OHDlNl\tX:E NO. SCHIES OF 198S--- A BILL FOR • • • COUt£IL BILL NO. 17 INTRODUC~BY COUOCIL MEMBER I left #(f Al ORDINMX:~: APPROVING THC PROGfW1 AGREEMENT BE'IWEEN THE ENGL&JOOD PUBLIC LIBRl\RY AND SOUTHFAST METROPOLITAN BOARD OF COOPERATIVE SERVICES FOR MEDIA CATALOGING AND PROCESSING SERVICES. WH EREAS , the Library Department contracts with Southeast ~lropolitan Board of Cooperative Services for the classification, c3ta loging, anJ processing of current acquisitions for its collection; and WHEREAS, this results in the availability of machine readable bibl io3 raphic information for these itans which will be used in a future auton3ted library r:1anaganent system; NO.-J, THEREFORE, BE IT O~INED BY THE CITY COUNCIL OF THE CITY OF ENGL&JOOD, COLORADO, AS FOlL™S: Section l. '!he City Council hereby approves the contract between Englewood Pllblic Library and Southeast Metropolitan Board of Cooperative Services for the period January l, 1985 through Decenber 31, 1985 for media cataloging and processing services. A copy of said contract, entitled "Southeast Metropolitan Board of Cooperative Services 3301 South l'k>naco Denver, Colorado 80222 PROGRAM AGREEMENT," is attached hereto and incorporated herein by refe rence. Se~tion 2. '!he Mayor and ex officio City Clerk-Treasurer are authorized t o sign and attest said contract on behalf of the City Council and the City of Englewood. Introduced, read in full, and passed on first reading on the 19th day of February, 1985 . Published as a Bill for an Ordinance on the 20th day of February, 1985. Eugene L. Otis, Mayor Atte st: ex officio City Clerk-Treasurer • I • • n ( f (' j I • • • .. • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of En glewood , Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of a Bill for an Ordinance , introduced, read in full, and passed on first reading on the 19th day of Feb r uary , 1985. Gary R. Higbee I • • - ' ( J l • C 0 U N C I L DATE February 19, 19 85 • • • C 0 M M U N I C A T I 0 N AGENDA ITEM !I D SUBJECT Purchase o f minimo nit o r in con- with usr.s INITIATED BY 1·1illfam F. Ot,•en. "hD . P .E .. Director of Wastewater Treatment ACT I ON PROPOSED Counc i1 t o author; ze joi pt -acreemept for perpetual ma jntenan re o r minimonitor for South ?latte River with US 1.eoloPical Survev (USGS) IKTkODU CTJON: The Wastewater Treatment Department is requesting apnroval of an agreement to nrovide funds for ownine and operation of a minimonitor for the Sou t h Platte River in coniunction wi th the USGS, for a sum of $4,750 P er y ear (o ne-half of the tota l cost --the other half born by USGS). l\ACKr.ROU'\'D: Atta c hed is a c opv of corresoondance from the USC:S reeardino. the con cen t of continuous in-stream moni t o rine o f several oarameters, inc ludinP: p~. temperature conductance , and dissolved ox yPen (DO ). The principal cons tituents of c on cern t o the Bi-Cit y 11\.'TP would be pH, temperature, and conductance, since all three are needed t o assess uni o nized a mm onia co ncentrati on in t he stream. The USGS would l oca te the p r o oo sed s tati on a t the existing fl ow -paeing station i=ediatelv uos tr eam of t he Bi-Citv •ntrP out-falls . ccordinel v , data can be used o n y t o determln~ hackPro un d concen tr ati.ons o < the se constit uents and uni oni zed amm on ia . Such da t a could n r ove beneficial t o the cities in the establishinp of their Nl'DES perm it limita ti on s. 'INA!\C JAL DETAILS: The cost or the monitor would b e $4, 750 per v ar which is one- hal f of the t otal cos t, t he o t he r half being born by the DSGS . 11.EC.0'?1E~ATIO~: We r eco!!ll"end council to approve authorization o f fund for n a intain i ne a minimo nitor f o r the South Platte River in con1unction with the USl.S . • I • • • .. BY AUTHORITY ORDINANCE NO. SERIES OF 198~5--- A BILL FOR • • • COUNCIL BILL NO. 18 INTRODUCED~OCIL MEMBER:..._~~L"""""'"""'-~ AN ORDINANCE APPROVING AN AGREEl'IENT BE'IWEEN 'mE GEOLOGICAL SURVEY, UNITED STATES DEPAR'™ENT OF 'mE INTERIOIR, AND THE CITY OF ENGL~, COLORAOO, BI-CITY WASTE.WATER TREATMENI' PLANT. WHEREAS, the Supervisory Camlittee of the Bi-City wastewater Treatment Plant approved the purchase of a minimonitor in conjunction with USGS; l'O'J, THEREFORE, BE IT ORDAINED BY THE CITY COUOCIL OF THE CITY OF ENGL™X>D, COLORADO, AS FOL~: Section 1. 'n1e City council hereby approves the agreement between the Geological Survey, United States Department of the Interior, and the City of Englewood, Bi-City wastewater Treatment Plant, a copy of which Agreement is attached hereto and incorporated herein by reference. Section 2. City council authorizes the City Manager to sign said Agreement on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 19th day of February, 1985. Published a s a Bill for an Ordinance on the 20th day of February, 1985. fugene L. oti s, Mayor Attes t : ex officio City Clerk-Treas ur e r I , Gary R. Higbee , ex officio City Cle rk-Treasurer o f the City of Englewood , COlorado , hereby certify tha t the above a nd foregoing is a true , accurate and canp lete copy o f a Bill f o r an Ord inance , introduced , read in full , and passed on fi rst reading on the 19th day of Feb ruary , 1985 . Gar y R. Hi gbee • I • • • - Form ~1366 (Rev . 8-82) Dcpanmcnt of the Interior Geological Survey Joint Funding Agreement FOR Water Resources Investigation THI S AGREEMENT is entered into as of the 1st day of March STATES DEPARTMENT OF TH E INTERIOR , pany of the first part , and the 1989>Y the GEOLOGICAL SU RVEY . UNITED CITY OF ENGLEWOOD, COLORADO, Bl -CITY WASTE WATER TREATMENT PLANT party o f 1he second part . I . The parties hereto agree that subject to t he availability of ap propriat io ns and in accordance with their respective au1h on11es there shall be maintained in cooperation installation, operat i on, and maintenance of a f ou r-parameter wat e r- quality monitor o n gaging station loc ated on the South Platte R iver a t En gl e wood hereinafter called the program . 2. The following amounts shall be contributed to cover all of the cost of the nece>sary fi eld and office work directl y related to th is program, but excluding any general administrative or accounting work in the office of either party. (a) S 3 ,958.00 March 1, 1985 (b) s 3,958 .00 Ma r c h 1, 1985 by the party of t he first pan during t he period 10 Dec ember 31 , 198 5 by the pany of the second pan during the period to D ceinber 31 , 1985 (c) Additional amounts by each pany during the above period or •ucceeding periods as may be determ ined by mutual agree- ment and set forth in an exchange of letters between t he parties . '· Expenses incurred in the performance of this prog ram may be paid by either party in conformity with the laws and regulations respectively ~overning each party, provided that so far as may be mutuall y agreeable all expenses shall be paid in the first instance by the party of the first part with appropriate reimbursement thereafter by the pan y of the second part . Each pany shall furnish to the other pany such statements or repons of expenditures as may be needed to sati sfy fiscal requirements . 4 . The field and office work pertaining to this program shall be under the direction of or •ubject to peri odic review by an authorized representative of the part y of the first pan . S. The areas to be included in the program shall be determined by mutual agreement between t he part~s hereto or t he ir authorized represent - atives . The methods employed in the fi eld and office shall be !hose adopted by the pany of t he fir t pan to insure the required standard o f accuracy subiect to modification by mutual agreement. 6. Durina the pro1ress of the work all operations of either party penaining lo this program shall be open to the inspection of the other party , and if the work is not being earned on 1n a mutually satisfactory manner , eit her pany may terminate this agreement upon 60 days wnuen notice to the other party. 1 . The oriainal records resulting fr om this program shall be deposited ultimately in the office of the party of the first part and shall become part of the records of that office . Cop1e shall be furn1Shed to the party of the second part upon request . 8. The maps, records or report s resulting from 1h15 program hall be made available to the public as promptly as posS1 ble . The maps, rec o rd s or repons normall y will be published by the part y of the fir l pan . Howover , the party of the second part reserves the ri&ht to publi h the results of this program and , 1f alread y published by the party of the fi rst part shall, upon request , be furnished by the party of the firsi part , at cost , impressions suitable for purposes o f reproduction Similar to that for which the ori1inal copy was prepared . The maps , rec ords or reports published by either party shall contain a s1 a 1ement of the cooperative rela11on s between lhe parties. (I GEOLOGICAL SURVEY UNITED STATES DEPARTMENT OF THE INTERIOR ( I 0 N A T U R E II T I T L El District Chief , WRD , Colorado Distric t CITY OF EN GLEW OOD By~~~~~~~~~~~~~~~~~~~~~ And v Mccown , Citv Manaqer By Citv of Littleton B·J ~~~~~~~~~ 11\ Gale Chris v , Ci v Man qer IU t REVERSE SIDE IF ADDITIO AL SIG ATUllES ARE ll.EQlllREDI ............. __. .......... ~ , .. .._ ...... ,. . • • I • • • • • United States Department of the Interior I' IU Pl\ IUf [R TO Mr. William Owen, Ph .D. GEOLOGICAL SURVEY BOX 25().1 6 M.S. __ _ DEN\'ER FEDERAL CENTER DENVER . COLORADO 022 5 Di rector of t he Bi-City Pl ant 2900 So. Platte River Drive Englewood, CO 80110 Dear Bi 11, ~/a ter Resources Division Lakewood Subdistrict Mail Stop 423 February 4, 1985 This letter will confirm the telephone conversation we had last week on our decision to install a four-parameter water-quality monitor in the station we operate under a cooperative agreement on the South Platte River at Englew ood. The enclosed cooperative agreement is for the peri od of March 1, 19 85 through December 31, 1985. The $7,916 cost reflec ts the $9,500 cost for a year's operation, pro-rated for ten months rathe r t han twelve . Your half of the cost is $3,958. We believe we can install the unit and have it calibrated and operating by March 1, 1985. The monitor will print pH, temperature, specific conductance, and dissolved oxygen on an hourly basis. We will visit the site to check performance at least twice a month and will change tapes at that frequency. We will process the digital tapes through our reader, and at the end of the ~1ater year (September 30) 1~e will publish the daily maximum, minimum, and mean for each parameter and give you a copy of the report . During the year, after the tapes are read into our computer, we could supply you with short, selected periods of record of a week or so if you need the data. We will perfo rm li tt le or no correction of data collected by the monitor. If read i ngs a r e missing due to equipment malfunction, we wi l l make no a ttemp t to fil l in the blank data. It will s im ply be missi ng . You should realize we wi l l ma ke a s i nc ere attempt to collect a cont in uous record for all four par ameter s , bu t 80 to 90 percent of availab le r eco r d is about all we can re aso nabl y e xp ect to ha ve . If the enclosed agreement is sa t isfactory pl ease sign all copies and return them to: E CLOSURE Bev Tirrell U.S. Geologic al Su rv ey , HRD MS 415 , Box 25 046 Denver, CO 802 25 Si ncere ly , / '// ~,l J)~ 7 D ~s B. Ma,if gol d Lak ewood Subaistric t Chi ef • I • • • • - l' nited St~lc~ Dcpar1mcn1 of die l r11crior (.f (Ii (IC.I< \I ~l'I: \f \' I VII !\ ~ ti f j. fl ' Sill Owen Littleton/En~lewood Wastewater reat·1 ent Pl ant 29 00 S. Platte River nrive En glewood, CO 30110 Dear Bill, fH I\ ~''tl ~lf \I.'-.._ Ill\\ I It fl Ill k\I (I' 11 ~ 1•1\\1 1t .<1 •1111t11•11 .u::·, ~1 a ter Resou r c e~ Divis io r1 Lakewood Subdistrict Ma i l Stop 42:< J anuary 11, 19 85 During our Steering Co mn ittee meetings for the South Platte River Study we have repeatedly talked about the need for more pH data, to help calculate the concentration of non-ionize d amm onia that may be present in the strea m. We talked about installing a U.S. Ge ologica l Surve y mi nimonitors in the South Platte Rive r at Englewood station to develop a data base on pH, and possibly temp erature, specific concuctance, and dissolved oxygen. We have just co ~rleted one and a half years of operation of four mo nitors on Ralston Creek. The monitors had a considerable "b rea k-ir." pe r iod but after about six weeks, they functioned quite well, a l though they did require vis 'ts every 7-10 days. We feel the y are accurate and reliable enou g t o help answer the questions we have about pH and other f ie ld meas uremen ts at the gaging stations site uostream fro m your outfall, and possi ly at so me downstrea gaging station site. The cost of operat ing a four-parameter monitor at the qaging s tation site by your plant would be $9 ,500 per year, or $4,750 for you r alf of the cost under a cooperative agreement. This would include installation, ooera tion, co mputation and review of data, publica ti on and co mpu ter costs for re c ord i ngs eac h hour of temperature pH, specific conductance, and aissolved oxygen. If you wa nt to discuss t his proposal further, please call me at 236-94 04. We can order and install the equipment ~1ithin a very short time after a cooperative agreement is signed. Sincerely, • I • • • • • • MI MORA~nu 1 TO: Mayor Otis and Members of City Council FROM: James D. Espinoza, Administrative Assistant DATr: February 19, 198 5 UEJECT: !\ORTH ClTY HALL/LIBRARY PARl'1 l\G For your information, Library an d City Hall staff has received an increasing number of citizen s ' complaints reg a rding th e parking arrangement in t he north lot. Consequently, I have review ed th e situation to determine what might be done to alleviate the proble m, at least on a short-term basis. There are approximately 86 spaces available for parking. The breakdown is as follows: l handicapped space 15 one-hour visitor spaces 53 tw o-hour visitor/City permit spaces 1 Visitor/City permit spaces alon g the yellow painted "fire lane." During the hours of 9 a.m. t o 5 p.m., between 55 and 60 spaces are occupied by employee and City vehicles which leave s few spaces for Library and City Hall visitors, hence the complaints. Library staff members park in the King Soopers lot acros s Girard Street at the present time. lf this was not so, visitor parking would b even more limited. Proposed Solution From a public relations standpoint, it would seem appropriate to provide more visitor parking on City Hall property. As such, I contacted Mr. Rick Boselli, Manager of the Cinderella City Manage men t office which leases the King Soopers lot fro th e City about the possibility of using the lot for added City employee parking. Mr. Boselli agreed to give the City "informal verbal approval" to use the parking areas to the east and north of the old Wyatts Cafeteria building. J would therefore propose the following parking changes be tween the hours of 9 a.m. and S p.m. 1. Change the present nine onc·hour visitor spaces east of the Library entrance to two-ho ur visitor only parking. This • I • '· • • • - Page 2 February 19, 1985 would accommodate those visitors that attend lengthy meetings in City Hall. Jn addition, change the six one-hour spaces west o f the Library entrance to City vehicle only parking. 2. Change the present two-hour visitors/City permit onl y parking in the southernmost center row to one-hour visit o r onl y parking and the northernmost center row to City permit/City vehicle only parking, 3. Make the "fire lane" a City permit/City vehicle only parking . 4. Make the King Soopers lot an "overflO\;" parking lot for both employees and visitors. This arrangement would free up 26 spaces for visitor parking. More specifically, it would provide the following: 1 handicapped space 9 two-hour visitor spaces 26 one-hour visitor spaces 6 City vehicle spaces 44 City permit/City vehicle spaces According to Joe Plizga, Traffic Engineer, the removal of present signs and the design and installation of new signs can be accomplished by Februar y 22nd, I will be prepared to answer your questions at the February 19th study session. JD E/pc cc: And y McCown, City Manager Peter H. Vargas, Assistant City Manager • I . 2 HOUR VISITORS ONLY (9 SPACES) HANDICAPPED (1 SPACE) • • • L I B R I\ R Y 0 1 HOUR CITY VEHICLE ONLY (6 SPACES) !""" I ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~--! :t> 1 HOUR VISITORS ONLY (26 SPACES) CITY PERMIT/CITY VEHICLE ONLY (27 SPACES) (/) ~~~~~~~~~~·~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~ CITY PERMIT/CITY VEHICLE ONLY (17 SPACES) G I R A R D A V E ~ U E • • ::lO f"T'1 r'1 ~ •