HomeMy WebLinkAbout1985-03-04 (Regular) Meeting Agenda•
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City Council Meeting -Regular
-March 4, 1985
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MARCH 4, 1985
Call to order.
Invocation by Pastor Tony M. Smith, Englewood First
Assembly of God, 4101 South Lincoln S t reet.
Pledge of allegiance by Boy Scout Troop #115 and #154 .
4. Roll Call.
6.
7.
Minutes.
(a) Minutes of the regular meeting of February 19, 1 9 85.
Pre-Scheduled Visitors.
to 10 minut es .
Non-Scheduled Visitors.
to 5 minut es .)
(Please limit your presentation
(Please limit your presentation
8 . Co mmunications and Proclamations.
9 . Consent Agen da.
(a ) Minutes of the Englewood Downtown Development
Authority me e ting of January 9. 1985.
( b) Minutes of the Board of Adjustment and Appeals
me e ting of January 9. 1985.
( c) Minutes of the Parks and Re c reation Commission
meeting of January 10. 1985.
(d) Minutes of the Planning an d Zoning Commission
meeting of February 5. 1985.
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Mar c h 4, 1985 Ag enda
9. Consent Ag en da (Co ntinued).
(e ) Minut es of the Public Library Advisory Board
meeting of February 12, 1985.
Ordinance on final reading to approve the 1985
contract for c ataloging and processing services
for library materials between the Englewood Public
Library and SEMBCS (Southeast Metro Board of
Cooperative Services).
Ordinance on final reading to approve a joint agree-
ment with the U . S. Geological Survey to purchase
and operate a minimonitor for the South Platte River
for the sum of $4,750 .0 0 (50 % of cost).
10. Public Hearing.
11. Ordinances, Resolutions and Motions.
/ (a) w41 ;'Z>
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Recommendation from the Public Works Department to
a pprove a permit agreement for the City and County
of Denver to allow for the installation and
maintenance of a 30-inch conduit on west Belleview
Avenue between So uth Lowell Bl v d. and South Federal
Blvd.
~,,s 1Ui c . ~
~~ti
( b)
(c)
{d)
Recommendation f rom the Library Department to repeal
the Retention of Library Books section of the Engle-
wood Muni c ipal Code and to replace i t with sections
on Safeguarding Englewood Public Library Property
w hich will pr ovide a mec han is m for book theft pre-
ventio n and e nf o r ce ment.
Recommendation from the Engineering Services Depart-
ment to approve a Resolution of inte nt to form
Paving District No. 30 .
1Jµo P. J:J.
Recommendation from the City Manager 's Office to
approve a Resolution urging the passage of House
Bill 1134 by the Colorado General Assembly to grant
local governments an exemption from liability from
any federal or state antitrust actions .
(e)
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R com mendation from the City Manager's Office to
ado pt a Resolution providing for the indemnification
of elected and appoint d officials of th City.
R comm ndation from th Park and Re c r ation Depart-
ment to approve the award of bid for a slop mower
to Boyd Distributing Company, Inc., in the amount
of $26,478 .0 0 .
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P a ge 3
Ma r c h 4, 1 9 85 Age nd a
1 2 . City Mana g er's Report.
13. City Attorn e y's Report.-~ 7>-lu.~ fnc.~\'i:, (}4:.
u \) b-1... ~~ "(f
14. General Discussion.
(a) Mayor's Choice.
11-\c. n~ \)S ~(~~)
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Council Me mber's Choi c e. -~~JJ ,:j-,,,,.,,
h._~-. a---·-~~r--go
( b)
15. Ad j ournm ent .
fl ~ 0,A
i I ;)l~I //( c(cu '\..._
L AND MC COWN
Cit Man ager
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AM /sb 1~~ ~3@Yh ·
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AGENDA ITEM PRESENTED BY
MOTION:
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AGENDA ITEM --~----PRESENTED BY --------
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
Hlaelav I/
Neal v
Vobeida J.,/
Weist v
Bl lo J,r-
Bradshaw v
Otis v
MOTION:
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AGENDA ITEM PRESENTED BY ---------
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
Hlnnav l
Neal I
Vobeida I
WeTst ' -
v Bl lo I r )/!\ Bradshaw I
Otis (
MOT ION:~
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/I~ -q AG ENDA ITEM _'J_!__,____ () PRESENTED BY--------
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ROLL CALL
Moved Seconded es N y Absent a Abstain
n1.,uf!Y
v-Nea1
Vobe1da
We~s t I
I/ ....D.1 lo
Bradshaw
Ot is
MOTION: CJ-ru~
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AG E NDA ITEM I&-
ROLL CALL
Moved Seconded
Hlqdav
Neal v Vobe,da
Weist
Bl lo
v Bradshaw
Otis
MOTION: c_ I~ * /S --
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PRESENTED BY /J7 <Z.. U211k__ v
Ayes Nay Absent Abstain
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AGENDA ITEM _J_~~~'--"'tJ"'-~-PRESENTED BY w~
ROLL CALL
Moved Seconded ~s Nay Absent Abstain
v Hlodav ' Neal I
vobe1da I
Weist 7
Rj lo ; I
v Bradshaw
Otis ~
M<YrION: CfjJi I (p
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AGENDA ITEM -----P RESENTED BY --------
Moved Seconded Ayes Nay Absent Abstain
11Jnnay I -Neal -v vobe1da
~ Weist
Bl lo ,,. Bradshaw
L Otis
MOTION: ~ //
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AGENDA ITEM ---PRESE NTE D BY -----
~~~
7~-~ ~ 6 ~ ~6WY\LU
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!iM-~~r ~~~
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
H!Qday \
Neal I
Vobe1da 7
Wei st I
v Bi lo T
v Bradshaw \
Otis "
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AGENDA ITEM PRESENTED BY ------
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~C'Y'\~~~
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ROLL CALL
Moved Seconded Ay es N ay Absent Abs ta In
HI ada~
Neal
Vobe"da
Weist
e1 lo
Bradshaw
Otis
MOTION:
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AGENDA I TEM ---~-PRE S ENTED BY --------
ROLL CALL
Ayes Nay Absent Abstain
Moved Seconded
Hlodav \
Neal I
Vo be,da I
Weist I
Bl lo I
Bradshaw \
Otis '
MOTION:
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AGENDA ITEM _ _../;__.._!_rt:::....>.~ PRESENTED BY 721 C.-~
ROLL CALL
Moved Seconded Ayes Nay Absent Abs ta l n
Hlodav
Neal
Vobe,da
We 1st
v A j lo
v--Bradshaw
Ot i s
MOTION:
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AGENDA >TEM ~ PRESENTED BY ~(_~
ROLL CALL
Hoved Seconded Ayes Nay Absent Abstain
' Hladay }
Neal I
Vobe1da I
Weist I v Bllo
I/ Bradshaw
Otis
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AGEND A ITEM PRESENTED BY
ROLL CALL
Moved Seconded Abstain
MOTION:
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AG ENDA ITEM
Moved Seconded Ayes Nay Absent Abstain
,_ Hln"av
Neal
Vobe ;da
Weist -RI lo
Bradshaw
I Otis
MOTION:
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AGENDA ITEM _ _,_/---'-~-e__ __ PRESENTED BY ~
ROLL CALL
Moved Seconded Ayes Nay Absent Abstain
Hladav ' Neal \
Vobe,da I
Weist I ,... Bi lo I
v Bradshaw 7
Otis I
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MOTION ~ i2fl ,µ. ( ~
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COUNCIL CHAMBERS
City of Englewood, Colorado
February 19, 1985
REGULAR MEETING:
The City Council of the City of Englewood , Arapahoe County,
Colorado , met in regular session on Fe b ruary 19, 19E5, at 7:30 p.m.
Mayor Otis , presiding, called the meeting to order.
The invocation was given by Pastor Dan Frei ericks, First
Christian Church, 3190 South Grant Street. The ple 1.ge of allegiance was
led by Bo y Scout Troo ps #115 a n d #1 5 4.
Mayor Otis asked for roll call. Upon a ca 1 of the roll, the
following were present:
Council Members Higday, Neal, Vobejda, Bil <•, Bradshaw, Otis.
Absent: Council Member Weist.
The Mayor declared a quorum present.
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Also present were: City Manager Mccown
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Assistant City Manag ~r Vargas
City Attorney Olsen
Deputy City Clerk Ow e n
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COUNCIL MEMBER NEAL MOVED TO APPROVE THE MCNUTES OF THE REGULAR
MEETING OF FE3RUARY 19, 1985. Mayor Pro Tern Bradsh a w seconded the mo-
tion . Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Abst dn:
Absent:
Council Members Higday, Neal, Vobejda, Bilo,
Otis.
None .
Mayor Pro Tern Bradshaw.
Council Member Weist.
The Mayor declared the motion carried.
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February 19 , 1985
Page 2
Pre-scheduled visitor, Rod Mcls aac from Street Treets Ice Cream ,
was present requ e sting permission to vend ice cream from bicycles in the
City of Englewood.
Mayor 0 1 is informed Mr. Mcisaac Council would ha ve to research
the ordi nan ce belore an answer c ou ld be given on the matter.
Mayor Pro Tern Bradshaw expressed concern about opening up to all
vendors .
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MAYOR PRO TEM BRADSHAW MOVED TO APPROVE THE PROCLAMATION
DECLARING M~RCH 3-10 , 1985 AS "VOLUNTEE RS OF AMERICA WEEK." Council
Member Bilo seconded the motion. Upon a call of the rol l , the vote
resulted as follows:
Ayes:
Nays:
Absent:
Council Memb ers Higday, Neal , Vob ejda , Bilo,
Bradshaw, Otis.
None.
Council Member Weist .
The Mayor declared the motion carried.
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"Co nsent Agenda Ite ms" were:
(a)
(b)
(c)
(d)
Ordinance on final reading approving license
a greements betwee n the City of Englewood and the
Ch ero k ee Corporation to allow the ins tallation of a
12" storm sewer across the City's right-of-way at
Prince Street and West Lake Street.
Ordinance on final reading approving a license
agreement 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 Aut hority meeting of
January 9, 1985.
Minut es of the Planning and Zoning Commission meeting
of January 22 , 1985.
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February 19 , 1985
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MAYOR PRO TEM BRADSHAW MOVED TO ACCEPT AND APPROVE "CONSENT
AGENDA ITEMS ~(A) -9(D) ." Council Member Neal seconded the motion.
Upon a call o f the roll, the vote resulted as follows:
Ayes:
Nays:
Abse nt :
Council Members Higday, Neal, Vobe j da, Bilo,
Bradshaw, Otis.
Non e .
Council Member Weist.
The 'la yor declared the motion carried •
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City Manager Mccown presented a recommendation from the Parks
and Recreatio11 Department to approve the award of bid for 19 golf cars.
Mr. Mccown no l.ed the recommendation was to award the bid to Boyd
Distri buting Co., Inc, who was the low bidder for the amount of $27,911.
COUNCIL MEMBER HIGDAY MOVED TO AWARD THE BID FOR GOLF CARS TO
BOYD DISTRIBUTING co., INC, FOR $27,911. Coun ci l Member Neal seconded
the motion. Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Higday, Ne al , Vobe j d a , Bilo ,
Bradshaw, Otis.
None.
Council Member Weist.
The Mayor declared the motion carried •
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Assistant City Manager Vargas presented a recommendation from
the Planning and zoning Commission to receive and review the Commission's
decision on Camden Place One Planned Development. Mr. Vargas explained
this was an amendment o the Sinclair Park Planned Development which was
approved in 1977 .
Mr. Vargas noted there were two choices in proceeding with this
matter; one was to hold a public hearing on the application for
amendment , or to approve the application for amendment as presented to
th Planning Commission.
RESOLUTION NO. 10
SERIES OF 1985
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February 19 , 1985
Page 4
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A RESOLUTION ADOPTING FINDINGS OF FACT, CONCLUSIONS, AND DECISION OF THE
ENGLEWOOD PLANNING AND ZONING COMMISSION IN CASE NUMBER 1-85, AMENDMENT
TO SINCLAIR PARK PLANNED DEVELOPMENT.
MAYOR PRO TEM BRADSHAW MOVED TO PASS RESOLUTION NO. 10, SERIES
OF 1985. Council Member Bilo seconded the motion. Upon a call of the
roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Higday, Neal, Vobejda, Bilo,
Bradshaw, Otis.
None.
Council Member Weist.
The Mayor declared the motion carried.
ORDINANCE NO.
SERIES OF 198~i
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BY AUTHORITY
A BILL FOR
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COUNCIL BILL NO. 17
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE APPROVING THE PROGRAM AGREEMENT BETWEEN THE ENGLEWOOD PUBLIC
LIBRARY AND SOUTHEAST METROPOLITAN BOARD OF COOPERATIVE SERVICES FOR
MEDIA CATALOGING AND PROCESSING SERVICES.
MAYOR PRO TEM BRADSHAW MOVED TO PASS COUNCIL BILL NO. 17, SERIES
OF 19 85, ON FIRST READING. Council Member Bi l o seconded the motion.
Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Abs e nt:
Council Members Higday, Neal, Vobejda, Bilo,
Bradshaw , Otis.
None.
Council Member Weist.
The Mayor declared the motion carried .
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BY AUTHORITY
ORDINANCE NO. COUNCIL BILL NO. 18
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C February 19, 1985
Page 5
SERIES OF 1985
BY AUTHORITY
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INTRODUCED BY COUNCIL
MEMBER BILO
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE GEOLOGICAL SURVEY, UNITED
STATES DEPARTMENT OF THE INTERIOR, AND THE CITY OF ENGLEWOOD, COLORADO,
BI-CITY WASTEWATER TREATMENT PLANT.
COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 18, SERIES OF
1985, ON FIRST READING. Council Member Bradshaw seconded the motion.
Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Higday, Neal, Vobejda, Bilo,
Bradshaw, Otis.
None.
Council Member Weist.
The Mayor declared the motion carried.
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Under the City Manager's report, City Manager McCown transmitted
a report prepared by Jim Espinoza on the subject of parking in and around
City Hall and the Library.
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There was no City Attorney's report.
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City Council noted an executive session on the downtown
redevelopment issue would follow this general session.
There be i ng no further business for t he general session, COUNCIL
MEMBER HIGDAY MOVED TO ADJOURN, and Mayor Otis adjourned the meeting
without a vote a 8:10 p.m.
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ENGLEWOOD DOW rom DEVELOPM":NT AUTHORITY
3535 S . Sherman -Englewood, CO 80110
9 /J
Board Membe rs Present: Coleman, Green, Holthaus, Kaufma n , Oswald, Owe n s ,
Pendleton
Board ~embers Absent: Mausolf, Neal , To mooka
Staff PResent: P . Dietrich
The r eg ula r meeting of the Englewood Downtown Development Authorit y Board
of Dir ector s was called t o order by Chairman Bill Pendleton at 12:05 PM on
January 9 , 1985.
The minutes f rom the December 12 , 1984 regular meeting were presented fo r
a pproval . Ms . Owens moved , seconded by Mr. Kaufman, to approve the minutes
f rom the p reviou s meetin g . The motion was passed unanimously by voice vote.
The Tr easu r e r's Report was presented by Dan Gr een . Mr . Kaufman moved,
second ed by Mr s . ~olthaus , to accept the Treasurer's Report a s presented.
Mr. Gr een noted t hat the yea r-to-date expenditures are below the projected
1984 bu d get . The motion was passed unanimously by voice vote. Ms. Dietrich
noted that the City Council commended the EDDA o n the d e tail ed budget for
1985 that was s ubmitted for their acceptance.
CHAIRMAN'S RF.PORT
Broadway Public Imp rov eme nt s -Proposed Design -Roecker Design Croup wa s
not prepared to present the proposed design fo r public improvements on South
Broadway. This has been resch e duled for February 13, 1985.
Finance Subcommittee -Mr. Kaufman presented a preliminary r eport from the
fi r s t meeting of the F inance Subcommittee . Several areas are being explored
as to opportunitie s for investment. Of prime consideration are the legal
rami fic ations that are spelled out by law for municipalities and develop-
ment authorities. Information regarding this waa given to the subcommittee
f rom the EDDA attorney . Another consideration was to wait a couple of months
until the Trolley Square development project has progressed further.
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Page Two
Minutes
January 9, 1985
DIRECTOR'S REPORT
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Marketing Study -Further refinement of responsibilities and time commit-
ments has been established. Swedish Medical Center and EDDA will cospon-
sor this study to ascertain econamic opportunities and feasibility for the
area that is east of Broadway .
the engleword -Another issue of the engleword was publis hed and distribut e d
in December. An internal mailing list for this newsletter has been estab-
lished and will be added to as necessary.
Slide Show Presentations -A tentative schedule of slide show presentations
of the downtown redevelopment project and related activities has been set
up for Thursday at noon on the EDDA office. It was requested that this pre-
sentation be given to the high school and to the junior high school classes
in Englewood, and also to the service groups in the area.
Changes~ South Broadway -Ms. Dietrich pointed out that there have been
eight changes in the facades in the 3400 block of south Broadway on the
east side. Additional changes also were noted in the 3300 block, also on the east side.
Other -United Cable Television, Channel 26, will present a show on Englewood
on Janaury 15, 22 , 29 , and February 5 at 8:00 PM.
Other -It was noted that the new Trolley Square parking facilities will have
400 spaces, an increase of 100 spaces over the public parking that was pre-viously available.
There being no further business, the meeting was adjourned at 12:53 PM.
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MINUTES
ENGLEW OOD , COLORADO
9 J ._, BOARD OF ADJU STMENT AN D APPEA LS
Janu a r y 9 , 1 98 5
The r egu lar mee t i ng of the Boa rd of Ad j u s tment a nd App ea l s began a t 7:30 p .m.
with Chairma n Fis h p r esiding .
MEM BERS PRESENT :
MEMBE RS ABSENT :
ALSO PRESENT :
Seymo ur, Ha llag in, Br own, Daws on, Ferg uson and Fis h.
Gag e.
Do r o thy A. Roma ns , St a f f Adviso r
Na ncy Reid, Assis t a nt City Attorn ey
Ma r y Al ice Ro thweiler, Plann e r I
She r yl Rousses , Reco rd i ng Secr e t a r y
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BOA RD MEMBER SE YM OU R MOVED THA T TH E MINUTES OF DECEMB ER 12, 19 84 , BE APPROVED AS WRI TTEN.
Boa rd Mem be r Hallagin seconded t he motion.
Upon a vote, a ll s i x membe r s vo t ed in the affirm ative , a nd the Chairma n r uled
that t he Minutes we r e app r o ved as writ t en.
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BOARD MEMBER BROWN MOVED THAT THE FINDINGS OF FACT IN CASE S NO. 32 -84 AND
34-84 BE APPROV ED AS WRITTEN .
Board Memb e r Hall ag in seconded th e mo tio n.
Upon a vo t e all six me mb e r s pre s e nt v o ted in the affirmative and the Chairman
ru led tha t the Findi ngs o f Fac t we re approv e d as written .
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The Chairman stated there we r e no cont i nu ed cases . He o pe ned the Publ ic Hear ing
for Case No. 1-85 , a nd sta ted t hat the Boa rd has been a uth o ri zed t o grant or
de ny a variance by Part 3, Se c tio n 60 of the En glewoo d Charter . He state d tha t
he had p r oof of pos t i ng a nd pub l i c at ion . He a s ke d that the s taff i d e ntify the re qu est .
Mr. Ro thweile r s t ated t hat th e a ppli c ant s were requesting pe rm is sio n to co nvert
a sing l e -family dw el l i ng a t 1080 Wes t Ox f ord Av e nue to a two-family dwelling
i n a n R-1 -C , Single-Family Resid e nc e District. The second un it wo u ld be in th e
basement of th exis t i ng ho use . This would require a redu c tion in the total
mi n i mum sid e ya r d f r om 14 fee t t o 12 f ee t , including the sp ac e occupied by
t he s t ai rwa y to the basem nt; a nd in the r e qui r ed off-street parking spaces
f r om o ne a nd one -half (l ~) s paces pe r dwe l ling unit t o zero spac es. Th e se
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a r e va ria n ces f r o m the Co mpr e hens ive Zon i ng Ordina n c e, Se c tio n 22 .4-4 b (1 ),
P rm it t e d Princi pa l Uses ; Sec tion 22 .4-7 j (2), Minimum s id e ya rd; a nd Sec ti.o n
22 .5-5 a (10 ), Pr iva t e off-s tree t parking standa rd s .
Th e Chairma n a ske d th a t the a pplic ants c ome f o rward for t es timony . Thomas
a nd Car o Une Gr a umann, 6 14 0 South Sterne Pa rkway, Littlet o n, we re s wo rn in
fo r tes timo ny . Mr s . Gr a um a nn stated that they had de c ided t o request a v a ria n ce
rather th an tryi ng t o r e z one the pr ope rt y to permit them t o hav a baseme n t
apa rtme nt. She sa i d t h a t th ey have up g raded the property which they boug ht
fo ur mo nths b efo r e f o r $73,000. The y found tha t the property needed more work
tha n they ha d o ri g ina l l y e x pec t e d . They s ubmitted pic tures to show wh a t they
had do n e . Th ey r e placed fl oo r s , f ixed r oof s, wa lls, ce iling s, hardwood fl oors
a nd th e f urn ace . Whil e th ey we re ca reful t o economi ze , the r e pairs were ve r y
expen sive . They have l1 a d no lu c k in renting th e hous e fo r th e pric e they ne e d--
b t we e n $700 a nd $800 a mo nth. ::>he s t a t e d that the paym nt s o n th e hou se a r e $1 25 0 .
Mr s . Gr auma nn sa i d tl1 J l th e o nly peo ple wh o mi g ht have r e nted it wer e s ing l es ;
:rnd t o pro t ec t th e ne i g hb o rh ood , the y ha d no t r e nted t o th o se people. Sh e said
that th ey un de r stnnd t li <1t econom i cs cann o t be a r easo n t o g r a nt a vari a nce , b ut
as ked that th e Boa r d co n s id e r th e fin a n cial hard s h ip in this c a se . Sh e said
t h a t th ey ha d t o take t l1 et r da ug hte r out of col l ege t o maint a in the hou s e.
Mr . Hal lagi n asked ii t hey had had the ho u se i n s pec t e d be f o r e the y b oug ht th e
ho u se . Mr s . Gra um an sa l d they bo u g ht Ln a hurry beca use th e previous own e r s
we r e l eaving t own. Tht> own ers to l d th em about th e zonin g , but the y b oug ht it
i nte nd ing to t r y t o ob t ai n a va r ia n ce . She cont ac t e d th e Pl a nning Divis ion a nd
was told by Mr s . Romans that o t her o wn e r s had tr ied to have th e prope rt y co nv e rted
to tw o-family use , but had never s ucceede d .
Mr. Fe r guson r efe rred t o th e l e tt e r re co rded at the Co unt y whi c h sa i d th a t
th e p r ope rt y co u ld no t b e u sed fo r a two -fa mil y unit. Mrs. Graumann s a id th a t
they were a ware that t he prope rty ha d no t been c onve rted e v e n tho ug h previou s
own ers had a t temped to r ezone o r o btai n a Re gi st e r ed No nco nf o rmin g Use d e sig n a tio n.
They boug ht the proper t y i n a hurry , expec ting t o att e mpt t o o bt a in a va r i an ce .
Mrs. Graumann described t he floo r pla n of the ho use i n res p onse t o a qu e stio n
from Mr . Brown. She said the baseme nt wou ld be a l ight, d ry a partm nt . Th ey
bought the p r o pe rty as a t ax shel t e r, but did not expec t t o ha ve t o put so much mo ney into repai r s.
There wer no further questions, and there were n o o t he r s p eaker s i n f avo r of gra n ting th variance .
The Chair man asked if there we r e any per sons wish i n g t o s p eak i n o pp o s i tio n.
Mr. Joe Bilo , 4095 South Jason Stree t, was s wo rn i n fo r t es timo ny . He s tat e d
that mos t of the homes in this R-1 -C single -fa mily a r ea are occupied by owners.
The Graumanns bought the property f or income , a n d t h ey r e mo d e led f o r a tw o -
famlly use , although a pe r mi t was issued only fo r single-family remod e ling .
He stated that t here would be no off-s tree t parki ng fo r two f amilies i f th
variance we r grant d . He said tha t the su rro un d ing neigh bo r s were no t
consulted abo u t the varia nce ; th e six co nd i t ion s we r e no t met, and g ranting
the varlanc would hurt the use of t he slngle-f mily h mes in the n e i ghb o rhood .
Mr. Bilo sald that 11 nonronforming variance was not in k eping with the spir it
of th R-1-C zoning , nnd ~rantlng the var i ance would e n cou r age similar u ses i n
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the neighborhood. The surrounding co nfonning uses receive an adequate income
f r om the single-family use of their properties. The Comprehensive Plan would
be weake ned in that one of its purposes is the preservation of single-family
homes.
Mr . Brown asked how close t o the subject property Mr. Bilo lives. He sa]d
he lives on a street that runs perpendicular t o Oxford, two house s down .
The r e were no other speakers i n opposi tion t o the request.
Mrs. Graumann asked to answer some of the point s made by Mr. Bilo . She said
that she did visit her neig hbors o n the block facing Oxfo rd. Three of the
ten were in opposi tion, but the o thers were favorable. She said the
property has been a dv ertised as a five bedroom house with the possibility
of a mo ther-in-law unit. She said that if the house had been bought many
yea rs before, the pavm nts would be small enough to permit them t o rent
the house for five or six hundred dollars . Any ne w purchaser would have to have
a second mortgage, and a cash loss each month .
The Chairman as ked that the Staff Repo rt be. mad e part of the Record, and as ked
if the staff had anything further to offer. Mrs. Romans said she had nothing
to add, but noted that Mr. Groditski was present a nd would answer any questions
the Board might have.
The Chairman closed the Public Hearing.
BOARD MEMBER SEYMOUR MOVED THAT THE APPLICANTS BE GRANTED PERMISSION TO CONVERT
A SINGLE -FAMILY DWELLING TO A TWO-FAMILY DWELLING IN AN R-1-C, SINGLE-FAMILY
RESIDENCE DISTRICT. THE SECOND UNIT WOUL D BE IN THE BASEMENT OF THE EXISTING
HOUSE . THIS WOULD REQUIRE A REDUCTION IN THE TOTAL MINIMUM SIDE YARD FROM
14 FEET TO 12 FEET, INCLUDING THE SPACE OCCUPIED BY THE STAIRWAY TO THE
BASEMENT; AND IN THE REQUIRED OFF-STREET PARKING SPACES FROM ONE AND ONE-
HALF (l~) SPACES PER DWELLING UNIT TO ZE RO SPACES. THESE ARE VARIANCES FROM
THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22.4-4 b (1), PE RMITT ED PRINCIPAL
USES; SECTION 22.4-7 j (2), MINIMUM SIDE YARD; AND SECTION 22 .5-5 a (10),
PRIVATE OFF-STREET PARKI G STANDARDS .
Board Member Dawson seconded the motion.
The members loc ked in their votes and gave their findings as follows:
Mr. Seym our s tated th a t he had v o ted against the variance because the owners
must meet the slx co nd itions ne cessa ry to pass a variance . He read the six
conditions , which he said the ap plicants did not meet.
Mr. Hallag in voted "no " b cause the six c onditions were not met. The owners
knew in advance that the zoning would not pennit a two-family use. There
would not be e no ug h parking. He stated he understood that there is a severe
financial hardship, but the owners should have had the house inspected before
they bou gh t it.
Mr. Brown voted "no " stating that he was sympathetic, but the variance did not
meet the six co nditions. Parking would be a problem, and the variance would
nega tively impa c t the n lghborhood.
Mrs. Dawson voted "no", con cu rring with the o th er members. She said there
is a financial hardship, but parking is a problem. There were several letters
against the variance.
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Mr. Ferguson said that he voted "no " because the variance would only benefit
the owners. The hardship was c r eated by the owners, a nd the six co ndition s
were not met, especially because a variance would weaken the Ordinance, an d
would alter the cha ra c t e r of the single-family district.
Mr . Fish concu rred with the o th e r memb ers , stating that granting the variance
would alter the character of the neighborhood.
The votes were displayed, and all six members voted against granting the
varia nce . The Chairman stated that th e variance was denied.
* * * * * *
The Chairman opened the Public Hearing for Case No . 2-85. He stated that the
Board has been authorized to grant or deny a variance by Part 3, Section 60
of the Englewood Charte r. He said he had proof of pos ting and publi ca tion,
and asked th a t the staff identify the request .
Mrs . Rothweiler sta t ed the app licant is requesting a variance for property
located at 980 East Hampden Avenue , to permit him to custom cut woodwork and
assemble cabinetry in a B-2, Business District. This is a variance from the
Comprehensive Zoning Ordina nce, Sections 16 .4-12 c, Permitted Uses, and
16.4-12 f (1), Pr ohibited Use , Manufacturing .
The Chairman asked th at the applicant come forward for testimony . Mr . Laszlo
Toth, 980 East Hampden Avenue, was sworn in for testimony. He stated that he
does c ustom woodw ork and r e modeling . In the past he did almo s t all of the
work on site or in his ga rage, and that situation was not satisfac tory . He
bought the building at 980 East Hampden to give him an opportunity t o do better
work more co nveniently. He sa id he does not do manufa c turing . He has a table
saw, shaper, and joiner, which would not be run all day. He has been working
there sin ce August, but most of his day is spent on site, rather than in the
shop . He said he has done r emo d eling for 10 years .
Mr. Seymour asked the horsepower of the saw. Mr. Toth said that it is a ten
inch, three horsep ower saw . The planer is also three horsepower. He said that
the machines are pretty quiet. His sawdust collector is quieter than a vacuum.
He said his joiner is the noisiest machine, and it is not loud or used every
day. He said that he has hired a service to pick up the sawdust and trash when
necessary. The trash need s t o be picked up about on ce a month, and it is stored
in a six foot by four foot container o r dumpster which is cov red. He operates
his business frum 9 to 5.
~Ir. Toth stated that he has one foam hand-held extinguisher, and will buy more
if the Fire Departm,nt so requires. He also stated that he would work with the
City to m et the BuildinA Codes . He had discussed with !rs. Rothweiler the
requirem nts for H-3 occupancy , a nd what would be required to meet these standard s .
Ther were no other speake r s in favo r of the variance.
The Chai rm an asked Lf there were any speakers in opposition to the varianc .
Mr. Walt Groditskl, od• Administrator for the City of Englewood was sworn in
for testimony. H said that the designation H-3 does not correspond to the
Zoning designations. If th Board approved the varianc , the applicant would
hav to meet Fir and Building Codes . He stated that the applicant should
b awar th:it i m.ty bl• (•J<pcnsive to bring the building up to th Codes. He
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stated that he could not say what would be required, as this is n ot a function
of the Fire or Building Departments . Mr. Toth would be required t o hire a
contra c tor to inspect the building and obtain whatever permits would be
necessary. The Fire and Building Departments would then inspect the work.
He said this structure is very close to the nearby building.
Mr . Groditski and the Board discussed possible requirements Mr. To th mi g ht
have to meet . Mr. Groditski said sprinklers may be required, the exterio r
walls may have to be chan ged, a n d ther e may be ot he r problems of which neither
the applicant nor the City is a ware.
Mrs. Romans said t hat t he matter before the Boa r d and the de c ision to be made
is whether t h e use should b e permi tted i n a B-2 dis t ric t. If t he variance
is g ranted, Mr. To th will have to decid e if he is able t o bring his building
up to Fire and Building Codes .
Mr. Toth said tha t he wo u ld hire a con t r ac t or t o see wha t would be required t o
meet the Codes . He said that he unde r s t oo d that it could be expensive.
The Chairman closed the Public Hearing , incorpo r atin g the Staff Report in
the Record . There were n o further comments fr om the staff.
BOARD MEMBER BROWN MOVED THAT A VARIANCE BE GRANTED TO LASZLO TOTH , FOR PROPERTY
LOCATED AT 980 EAST HAMPDEN AVENUE, TO PE RMIT HIM TO CUSTOM CUT WOODWORK AND
ASSEMBLE CABINETRY IN A B-2 , BUSINESS DISTRICT. THIS IS A VARIANCE FROM THE
COMPREHENSIVE ZONIN:; ORDINANCE, SECTIONS 16 .4-12 c, PERMITTED USES, AND 16 .4-12 f (1),
PROHIBITED USE, MANUFACTURING.
Board Member Hallagin seconded the motion .
Discussion followed.
The members locked in their votes and gave their findings as follows:
Mr. Seymour s tated thal he had voted for the variance. The o peration l ooked
good and there was no neighborhood opposition . Mr . Toth will up g rade the
building .
Mr. Hallagin voted "yes" because the shop is well kept, Englewood needs businesses,
and there is a hardship.
Mr . Bro\.lrl voted "yes" b cause Mr. Toth met the six condition s, there was not
opposition, a nd there will not be a negative effect on the neighborhood.
Mrs. Dawson voted "yes", saying the shop looks good and Mr. Toth agreed to bring
the building up to Code .
Mr. Ferguson vot d "yes" because the applicant met the six conditions and the
use will not alter the character of the neighborhood or damage it.
Mr. Fish said the applicant met the six conditions, the Ordinance would not
be weakened. The use is not excessively out of the Code, and Englewood needs
small busin sses. This use will fit in with the nei ghborhood. When the votes
were displayed, all six members had vot d in the affirmative, and the
Chairman ruled that the variance was granted, and instructed Mr. Toth to go
to the Build1ng Department to acq uire t h ne cessary permit s .
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DIRECTOR 'S CHOICE .
Mrs. Romans stated that the Planning Commission is fi n ishin g its review of the
Zoning Ordinance and would like to meet with the Board to discuss the Ordinance .
Copies of the proposed Ordi nance will be given to the Board. The members said
they co uld not meet the second week of the month, but any o t her Tuesday would be acceptable .
Mrs. Dawson will not be returning to the Board, as s h e has asked that she not
be reappointed. The Board expressed its r egre t a nd gr a titude for Mrs.
Dawson 's co ntributions over the last eight yea r s . Mrs. Daw son thank ed the Board and Staff.
BOARD 'S CHOICE.
The Board agreed to nominate and elect officers at the foll owing meeting . Mr .
Seymour asked that a copy of the six conditions be glued to his book or
laminated and inse rted in the notebook.
The meeting adjourned at 9:04 p .m.
" Sheryl Rousses, Recording Sec r etary
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En ,leivood Par ks an d Recrea tion Commission
Min ut e s of .anuar y 10, 1• BS 9 !'\ . ,
The r egu lar mon thl y 11eeting of the Englewood Park ; and Rec r e a tion Co m ission was
cal l ed to order at 5:35 pm . by Chairman Poole at the Englewood Mun icipa l Gol f Cour s e
Cl ubh ouse.
Me mb ers present : Allen, Bradshaw, Gomes, Higda y , Howard, Poole, Rad em a cher ,
Win ~ler, Roman s, ex officio
Memb ers absent : Boardman
Al so present : Leon Kuhn, Assist ant Director of Parks and Recr eat i on
Dou g Foe, Assistant Di rector of Parks and Recreat ion
Rick Kahm, Office Eng i neer, Engineering Dept.
Dav e Ha mmel, Bar ker, Rinker , Seacat & Partner s , Arch i tect s , P .C.
Chairman Poole asked i f there were an y add i tions or corre c tion s to t he min ute s of
Nove mber B, 1984 . There were none. A motion was made and seconded that the minutes be
a pp r oved a s p re s ented. Th e motion pa ss ed.
Chai rma n Poole introduced Ric k Kah m of th e Engi nee r ing Department who wa s present
( to re po rt to the Com mi ssion on the proposed s i gn packa ge for th e ne ~ Englewood Re crea tion
Cen ter. Kahm st ated that .twas discovered that t he or i g inal exterior sign for t he
center , a s i t wa s designed, would not be visible from Oxf o rd Ave nue becau se of its pe r p-
endicu lar position to the fro nt door of the bui !d ing and low p ro file . Kah m s tated that
Dav e Hammel of Bar ker , Rin ke r, Seaca t , and Partner s , archit ec t s for t he recreation c ente r ,
re -designed the si gn for th e center which will be located near t he building entra nce and
would be v is ible from Oxf ord a s well a s Kalamath St . Dave Ha mme l, using diagrams, e y-
plained the positi on ing tha t ha s been suggested for the ne w 19 ' x 4' sign and stated
that th e sign would be lighted at night a nd wil l be placed in th e mi d s t of a la nd scap e d
area near the front e nt rance to help prevent vandali sm. Ham me l al s o s tate d the y have
been d iscussing inter i or signs for t he center, at which ti me he pa ss ed arou nd a s amp l e of
the clear plexigla ss lettering mater i al wi t h bru sh ed aluminum lettering that is being
Lonsi dered for th e sig ns . Th ese signs would be used to identif y the center a c t ivity
r oor1s a .,d givt informa ion to citizens using th e c nter . Ha mmtl q ated that th ey arr
elso con idc>ririg providing a ~i l sc r en flcio r pl a n directory of the build inq to be
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t ••glewood Parl..s and Recre ation Commission
Mon ut E5 of Januar y 10, 1985
Pa ge -2-
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p lac ed i nsi dE the front ent r anc e. Aft er considerable di sc ussion, it wa s t he con sens us
of t he Comm ission that brushed aluminum lettering, as o ppose d to whi te lett ering , be
used for the interior signs of the recre ation center.
Commiss ioner Bradshaw reported that City Council re q uested cit y staff to in vestigate
the possibilities of purchasing the land north of the recreation cent e r and learn e d
that the purchasing price would be approximately $380,000 . Commissioner Higda y stated
that Ed Pa yne, an Englewood citizen, ha s expre ssed concern to Cit y Coun ci l that since
the passage of the Englewood Recreation Center was by such a narrow margin, he did not
feel it would be fair to half of those voters to purchase that land . Higda y informed
Pa yne that he would be invited to the Council Study Se ssi on to expre ss his point of view
when this topic is d is cussed .
Cha irm an Poole asked about the status of a possible donat ion to the Cit y by American
Excel si or Compan y of a plot of land near Belleview Park . Assis t a nt Di r ec tor Kuhn s tat ed
( that he an d As sist ant City Mana ger Var g a s met with th e Am e rica n Ex ce l sior Company plant
ma na ger a nd toured the la nd . Vargas wrote a lett er to th e co~pany st at ing that th e City
wou ld be intereste d in rece i ving the land a s a dona tion. Kuhn stated there wou ld be sub-
st a nti al cost to the Cit y to have the bu i lding s removed from that land . He stated there
ha s been no re sponse to Vargas ' letter as yet from American Ex celsi or Co mpany.
Director Ro mans reported o n the progress of land sca ping t he Sa nta Fe and State
Highwa y 285 interch a nge. Romans st ated there is $100,000 presently in th e Public Improve-
me n t Fund for thi s project . Ro mans stated that he, Assistant Director Kuhn and Director
of Public Wor ks Kells Waggoner have met with State Highway representatives who stated
that the State would install an irrigation main line to th e area but the City would have
to do th e rest of the project. Rorrans state d the Cit y cannot proceed 1•ith th e project
unti l th e State ha s fund s avai Table and installs the main Irrigation 1 ine.
( Wi t h r eg ard to in formation on the concern fr om School Board member Wil s o n relatin g
t o pub li c s tat eme n t s that concer n both schoo l and cit y , a ·eport that was to have been
given by Commissioner Board man (ab rn t from this meeting), it was re po rt ed by Secretar y
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Eng l ew ood Pa r~s a nd Recre at :on Com mi ss ion
M i ~u te ~ of Januar 10, 198 5
Pa "e -3-
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( Linda Wi l ks th a t sh e r e c e iv e d a telepho ne cal l from Board man a nd he st a ted he would
t elephone Commis sion e r Bradshaw the following evening wi th i nformation he had ob t a i ne d
conce r n ing this ma tter .
Di rector Rom uns reported on the completion and dedicat i on da t e of th e Engl ew ood
Recreation Center . Romans stated the construction is ·behind schedule and he ha s been
informed by the contractor that he expects the center to be completed arou nd Fe br uar y 15 .
Ro mans reported that March 2, at 10:30 a .m., has been s et f o r the dedica ti on , w ~i ch will
includ e cake and punch, souvenirs, and a free pass to the center to a l l who a t te nd t he
de dicat i on. Rom an s stated there will also be an apprec i at i on dinner a nd tour o f t he
center the evening of March 1, for members of the Cit y Counc i l, Pa rk s a nd Rec r e a ti on
Comm iss ion, and me mber s of the Citizen s for an Englewood Com mu n i t y Ce n ter Commi t tee a nd
spou ses.
Di r ec tor Ro man s r epor ted that he di s cussed th e po ss i bi l i t y of t he re c r ea t i on c enter
bei ng us e d from 12 mi dnigh t to 4 a .m. for high s chool p rom s tud en t s wi t h City Ma na ge r
McCo wn. Rom a ns stated th at McCown gav e his ap p roval of t his arran gemen t . Commissioner
Go mes, wh o is a member of t he Englewood Hi gh School Advisory Co mm itt ee , s t ated t hey h a ve
1 i ne d u p a n umber o f l i fe g uard s for t ha t eve n i ng and the y nee d t o kn ow t he number o f pe o ple
allowe d in th e poo l per e ach l i fegua rd. He was i nforme d it is 30 peop l e per e a ch lifeguard.
Gom es d isc ussed ot he r de ta i l s o f the eve n ing. He s tated t he Commit t ee wishes to g i ve the
City a don a tion instead o f charging $1.0 0 per student to help pa y expenses for use of the
center . At that time, ComMissloner Bradshaw stated she would rather see an inkind ex-
ch a nge between city and school for use of the center. Gomes st a ted th a t, as was discussed
at the last Commission meeting, this is not an acti v i t y o f the school system but ra the r
one of the Parent Advisory Committee . Commissioner Br ad shaw exp r essed a strong desi r e
to make the center available to students at no cost.
Director Romans reported on the hlke/bi~e tral 1 from Hampden Avenue to Oxford AvLnue
and s tated that an ordinan ce will be present(d to Cit y Council at the i r nex t meeting,
11hich is an agreemen t between South Suburban M tropolltan Recr at Ion and Parks District
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Englewood Park s a nd Recreation Commission
Minut es of Januar y 10, 1985
Pag e -4-
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( and the City of Englewood for South Suburban to construct this portion of trail . Romans
explained that the South Suburban Park Foundation has agreed to help the City ra i se any
add iti onal funds needed for the trail. Romans stated that the specifications and plans
as well as awarding of bids for the trail through the golf course will need to be approved
by the City before construction begins.
Commissioner Howard asked if there would be fencing along the east side of the trail
through the Englewood Golf Course to protect the hikers and bikers from golf balls.
Romans informed her that there would be fencing.
Commissioner Bradshaw informed the Commission that South Suburban Metropolitan
Recreation and Parks District has been donating funds to the trail project and contribut-
ing labor and materials for building the handrails along the trail.
Concerning maintenance of the trail system, Romans stated that the City of Englewood,
will maintain the trail from Hampden to Oxford Avenue, and South Suburban will maintain
the trail from Bates to Hampden. Romans stated also that Englewood will, if asked to do
so by South Suburban, maintain the 475' portion of trail through the Hall Property (which
is Englewood territory), but he feels that since South Suburban ls maintaining the portions
of trail at each end of that section, South Suburban will probably maintain that section
as wel 1.
Under Commissioner's choice, Commissioner Allen stated she received a call from a
cit iz en who inquired about family memberships for the recreation center and asked if
adult activities and youth activities wi 11 be offered at the same time . Ass is tant Dir -
ector Foe explained that for the time being, there will be no fam i ly memberships, but
instead, discount coupon books may be purchased. He also stated that there will be act-
i vitie s for youth as well as child care available with adult activities and programs .
The meeting was adjourned at 7 :15 p.m .
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CITY OF ENGELWOOD PLANNING AND ZONING COMMISSION
February 5, 1985
I. CALL TO ORDER.
The regular meeting of the City Planning and Zoning Commission was called
to order at 7:00 P. M. by Chairman McBrayer.
Members present: Venard, Allen, Barbre, Carson, McBrayer, Stoel, Beier
Members absent: Magnuson
Also present: D. A. Romans, Assistant Director of Community Development
Susan T. King, Senior Planner
Nancy Reid, Assistant City Attorney
II. APPROVAL OF MINUTES.
January 22, 1985
Chairman McBrayer stated that the Minutes of January 22 were to be con-
sidered fo r approval.
Carson moved:
Stoel seconded: The Minutes of January 22, 1985 be approved as written.
Mr. Venard noted a typographical error on Page 6.
Th e vote was called on th e motion to approve the minutes, as amended on
Page 6.
AYES: Barbre, Carson, Stoel, Venard
NAYS: None
ABSTAIN: Allen, McBrayer, Beier
ABSENT: Magnuson
The motion carried.
III . FINDINGS OF FACT
Camd en Pla e One Planned Development CASE #1-85
Chairman McBrayer stated that the Findings of Fact on Case #1-85, the
Ca mden Place One Planned Development, were to be considered for approval.
Carson moved:
Barbre seconded: The Planning Commission approve the Findings of Fact
for Case #1-85, Camden Place One Planned Development.
AYES: Barbre, Carson, Stoel, Venard, Allen
NAYS: None
ABSTAIN: McBray e r, B ier
ABSENT: Magnuson
Th motion carri d.
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IV. FINDINGS OF FACT
3986 South Broadway
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CASE #2 -85
Chairman McBrayer stated that the Findings of Fact on Case #2 -85 were
to be considered for approva l.
Stoel moved:
Carson seconded: The Findings of Fact on Case #2-85, a Conditional Use
at 3986 South Broadway, be approved as written.
AYES: Carson, Stoel, Venard, Allen, Barbre
NAYS: None
ABSTAIN : McBra yer, Beier
ABSENT: Magnuson
The motion carried.
V. CONDITIONAL USE
The Shine Factory
2749 South Broadway
Carson moved:
CASE #3-85
Venard seconded: The Public Hearing on the proposed Conditional Use at
2749 South Broadway, Case #3-85, be opened.
Mr. Magnuson entered the meeting while Mr. Carson was making the motion.
AYES: McBrayer, Stoel, Beier, Venard, Allen, Barbre, Carson, Magnuson
NAYS: None
ABSENT: None
ABSTAIN: None
The motion carried .
Mr. McBrayer stated that he is in receipt of the notification given in
the official City Newspaper on January 16, 1985, and also has the Certi-
fication of Posting; both of these documents are to be made a part of the
record of this Hearing. Mr. McBrayer also asked that the staff report be
made a part of the record.
Mr. McBrayer asked if the Cornmission members had any questions regarding
the staff report.
Mr. Carson asked about the 5/8" water line that is mentioned in the staff
report. Ms. King stated that this water line is serving the structure at
the present time.
Ms. King stated that the applicant has furnished to the Fire Department
the technical data requ sted on the storage of fluids and materials used
in the processing of the automobiles . There will be no problem with the
storage of the flammable liquids, and the Fire Department has indicated
that the building will not have to be sprinklered. This would negate
the necessity for including Condition #2.
Mr. McBrayer outlined the procedure to be follow d in the course of the
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Hearing, and noted that the Commission is the determining body in ma tters
of Conditlon~l Uses . The Commission may approve the request as submitted,
may approve the r quest with conditions, or may r efer the r equest back to the applicant.
Mr. Allen asked the use of the building previously . Mr. McBrayer stated
that it was used as a furniture store for a number of years, and recently
was used as th e Mountain Miser outlet.
Mr. McBray er asked that the applicants come forward and be sworn i n.
Mr. Burch Winder
2672 South Jackson Street -was sworn in, and testified that h e is t h e
Vic e-President of the Shine Factory.
Mr. Carson asked Mr. Winder if he had read the staff report. Mr. Winder
replied in the affirmative. Mr. Carson asked if Mr . Winder would amend
his application to include the three recommendations from the staff whi ch
are cited in the s taff report. Mr. Winder stated that he would not, and
wanted to discuss th e issue of providing off-street parking on-site. Mr.
Winder stated that this is a unique automotive business; there would be a
limited number of vehicles brought to the site for reconditioning and r e-
finishing. These vehicles would be delivered in the morning, and picked
up in the evening; the process is approximately a six-hour process, and
would not result in any long-term storage of vehicles on the premises.
Mr . Winder noted that the building is oversized for their actual ne e d s ,
and felt that a number of the vehicles could be garaged within the building
after completion. Mr. Winder estimated there is sufficient space within
the structure for 25 to 30 vehicles . Mr . Winder stated that he did not
feel it would be necessary to park any vehicles outside the building, and
does not feel it n ecessa r y that additional off-street parking be provided.
Mr. Winder acknowledged that they (the applicants) did state that addi-
tional parking would be pursued, and did discuss this issue with the parent
company. Bas e d on the e xp e ri e n ce of 45 such operations throughout Canada
and the United States, they we re told that the space available within the
building is adequate for parking and the applicants do not want to have to
provide additional off-street parking. Mr. Winder emphasized that it is
the opinion of the applicant that the parking spaces within the building,
in addition to the two of f -s treet spaces at the e xterior r ear of the building, a re adequate for th eir need s .
Mr. Winder discussed Condition #2 , and pointed out that they have satisfied
the concerns of the Fire Department on the storage of flammable liquids and solvent s.
Mr. Winder sta ted that Condition #3 will be pursued b y the applicant.
Mr. Ca rson asked if it was the intent of th e applicant that they would i n-
cl ude in their application a nd c omply with, Conditions #2 and #3 only .
Mr . Winder stated that the applicants do not want to furnish 10 additional
parking spaces ; they do not feel this Condition #1 is necessary or a ppropriate.
Mr. Allen asked if there wa s a ny additional space where additional off-
strce t parking could be provided. Mr. Winder stated that the previous
owners of the building had an informal agreement with Olinger's Mortuary
that they could park in the mortuary parking lot except during the time
of funeral se rvices . He has also t alked t o Olinger's about a similar
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arrangement for the Shine Factory; while Olinger's has indicated they
are willing to continue this "informal" a rrangement, they will not put
anything in writing. There is also a vacant lot across the street in
the south half of the block; Mr. Winder expressed concern over security
of the vehicles, and the dangers inherent i n employees having to take
vehicles to this lot, and then cross Broadway on foot .
Mr. Allen asked how many vehicles per day the Shine Factory could do .
Mr. Winder estimated six to eight vehicles per day would be done.
Mr. McBrayer discussed the possibility of confirming the agreement with
Oling er 's for use of their parking facilities. Mr. Winder reiterated
that Olinger's does no t want to make a written commitment on this; they
will maintain the agreement on an informal basis, but will not give a
letter regarding use of their parking area by the Shine Factory .
Mr. McBrayer asked Mrs. Romans how strongly the staff feels on the need
for off-street parking. Mrs. Romans stated that all businesses should
provide off-street parking for their own e mployees; she noted that it
would place an additional burden on Broadway to expect the employees to
park o n the street. Mrs. Romans emphasized that businesses should pro-
vide off-st r eet parking for the employees at the very least.
Don Estey
385 Gilpin Street -was sworn in, and testified that he is the president
of the Shine Factory. Mr. Estey further discusse d
the process used on the vehicles, and noted that they have franchises
operati ng in Ca nada and the United States. This process is a "one-of-
a-kind", and is guaranteed in writing for the life of the vehicle. Mr.
Estey stated that the parking situation has been discussed at some length,
and that they are concerned that they have to provide off-street parking
when they have a larger building than they actually n eed, and can use
some of the interior for parking spaces for employees as well as customers.
Mr. Estey stated that this particular operation will be the headquarters
for the franchise program in Colorado, a nd will be a training center in
Colorado. Mr. Estey described the type of operation the Shine Factory
wants to have on the site --uniformed employees, a clean, white, aspect
where women are comfortable in coming to drop off vehicles or to pick up vehicles.
Mr. Estey urg d the Commission to give great consideration to the require-
ment of additional off-street parking; if the Shine Factory doe s indeed
have to provide additional off-street parking, they "may have to look for
another site."
Mr. Allen asked what would happen if a back-log of vehicles occurs ;
where will th se vehicles be stored, and where would the employees park
if the vehicles are stored within the building. Mr. Estey stated that
the employees could work at night; the hours will be flexible , but the
customers will exp ct to have the vehicle completed within one day's
time. Mr. Estey stated that this process is not cheap, and will cost
approximately $200 p r vehicle. Automobile dealers will also be
bringing vehicl s to them for this proc ss. Mr. Estey stated that
Shine Factory representatives have been trying to find something in
this general area with a structure of th size they need, but cannot
find anything to meet their needs closer than the subject site on South Bro dway.
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Mr . Mc.Bra ye r asked if employee parking could be "designated" within th e
structure by painting on the floor; he cautioned again st placing a greater
park i ng burden on Broadway . Mr . Estey stated that he saw n o problem with
designating s p aces wi thin the building for the use of the employees pro-
vided it was not restricted to "only " employee use. Mr . Estey further
expr essed concern about a statement in the staff r e port comparing this
operation to Aamco .
Mr. Beier inquired about the capacity of the building as far as the total
numb e r of car s that could be within the structure. Mr. Estey stated that
they figure on approximately 210 to 300 sq . ft. for a customer 's car to
be worked on; h e estimated 10 to 15 vehi c les, plus the employee vehi cles ,
could be accommodated in the building.
Mr. Ve nard noted th at Mr. Estey stated that this oper ation would be the
franchise headquarters in Co lorado ; he asked if this operation would also
be a point of di strib ut ion of the clea ning solvents and polishes to other
poi nts throughout the state . Mr. Estey stated that this would be done
from the home office, and that he is very aware and concerned about the
storage of f lammable materials.
Mr. Mc Braye r asked if Mr. Rod Moser wanted to address the Commission on
this matter. Mr. Moser s tat e d that he did not want to address the Com-
mission, and was present as an observer.
Mrs . Romans cited §2 2 .5-21 e (4) of th e Compr ehensive Zo ning Ordinance,
which section pertains to Co mmission consideration of Conditional Uses :
"(4) The numb er of off-street parking spaces shall not be l ess than the
requirements of Cha pter 22 .5-5 of this Ordinance ." Mrs. Romans discussed
the amendment of the Comp rehensive Zoning Ordinance, and the pro cess the
staff u sed to a rrive at the numb er of off-street parking spaces need e d
by the Shine Factory in the absence of specific requireme nts for this
specific u se . Mrs. Romans emphasized that the Conditional Use Ordinance
requires that the parking requirements must be met by any use approved
as a Co nd itional Use.
Carson moved:
Allen seconded: Th e Public Hearing on Case #3-85 be c lose d.
AYES : Magnuson, McBrayer, Stoel , Beier, Venard, Allen, Barbre, Carson
NAYS: Non
ABSTAIN: None
ABSENT: None
The motion ca rrie d .
Mr. McBrayer asked that the record r eflect that he had asked everyone
present in the au dience if they wished to s peak to the Commission.
Mr. McBrayer stated that he is incli ned to try to make things work for
the applicants; a ny use of this b uilding will experience a parking s hort-
age because t h e building covers the e ntire site , and mo st uses will re-
quire mor e parking than this business will. Mr. McBrayer noted that
there are two off-street spaces existing at the rear of the building now,
and th e applicant has agreed to designate spaces within the building for
employee parking.
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Mr . Allen pointed out th a t the building is larger than th e operation
ac tually calls for, antl he would regard the use of the remaind e r of th
b uilding as "covered parking".
Mr. Mc Brayer stated that he feels the Shine Factory will be an improve me nt
to th e area , and feels that the Commission does have some assurance that
e mplo yee parking will be provided within the building.
Mr. Carson disagreed, and stated that he felt the Commission should abide
by the staff recommendation . Discussion ensued.
Mr. Venard stated that th e applicant has stated that they will be willing
to designate a given number of parking spaces within the building, and
that the figure "6" was mentioned . He pointe d out that the Commission
would have no mor e control over off-street parking on the exte rior of the
building than over the parking provided within the building . Mr. Stoel
pointed out that th e "s i te" is th e problem; there is no room for off-street
parking on the s ubje c t site.
Ca rson mov ed: The Planning Co mm ission de n y approval of a Conditional Use,
The Shi ne Factory, at 2749 South Broadway , because the ap-
plicant has r efused to amend his a ppli cation to provide
th e r eq uired off-street parking spaces.
There was no second t o Mr. Carson 's motion.
Allen moved:
Stoel seconded: The Planning Co mmission approve the application of the
Shine Factory as a Conditional Use at 2749 South Broadwa y ,
with the following conditions:
1. The applicant shall provide six parking s paces withi n
the building; said six spaces shall be designated by
appropriate painting or s ignage for employee parking.
2 . The applicant s hall co mpl y with all Ci ty Code r e qu i r e -
ments, including th e Uni fo rm Fire Code a nd Uniform
Building Co de .
Mr. McBrayer sta ted that the six off -street parking spaces to be designate d
on the in t e rior of the building, plus the two parking s paces on the exterior
of the building, will give a total of eight off-street parking spaces for
this business.
Mr. Allen stated that he feels th e proposed Shi ne Factory is "a l mo st a n
ideal use for this building ."
Mr. Venard discussed the c hange in procedur
previous meeting; th applicant has to agre
include the proposed c onditions.
outli ned by Mr . Olsen at th
to amend his application to
Assistan t City Attorney Reid verified this procedure; if the applicant
agreed to amend the application, conditions that the staff and/or Com-
mission may have are made a part of the application. If the appli cant
refuses to amend the application, this can b grounds for denial. The
applicant does have a right to have the Co mmi ssion vote on his application
s it was submitted .
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Mr. McBrayer asked the applicant: "Are you willing to amend the a p plication
to delete #1 as written on page 3 of the Staff Report, and to make provision
fo r six off-s treet parking spaces on the i nte rior of the building, said
spaces to be designated for e mployee use; thi s would be in addition to the
two parking s paces on th e e xte rior of the building. The amendment w o uld
also incl ud e Cond i tion #3 as suggested by the staff on Page 3 of the staff r e port."
Mr . Estey stated that he would agree to des ignate the parking spaces i n
the building , with the understanding that those parking s paces could b e
used for o ther v ehicles if the six employee spaces are not taken up by
actual e mployee veh icles . Mr. Mc Brayer stated that employees wo uld have
to be given first option on use of these spaces. Mr. Estey stated that
h e would accept these amendments to th e appli cation.
The vote wa s c alle d on the motion to approve:
AYES : Barbre , Beier , Magnuson, McBraye r, Stoel, Venard, Allen
NAYS : Carson
ABSTAIN: No ne
ABSENT: None
The motion carried.
VI. PUBLIC FORUM.
Mr. McBrayer noted that the three members o f th e audience h a d departed
with th e de t e rmination of the previous case .
VII. ELECTION OF OFFICE RS.
Mr. McBrayer s t ated that he i s not a cand idate for re-election to the
position of Chairman; h e thank ed the other memb e rs of the Conunission for
their support while he has been Chairman.
Mr. Allen expressed his appreciation to Mr. McBrayer for his leadership
during his service as Chairman.
Mr. McBrayer called for nominations for Chairman .
Mr. Carson nominated Mr . Gerry Venard as Chairman of the Commission.
No further names were placed in nomination.
Carson moved:
Allen seconded: Nominations be closed, a nd a unanimous vo te be cast for
Mr . Venard for Chairman.
AYES: Beier, Carson, Magnuson, McBrayer, Stoel, Venard, Allen, Barbre
NAYS: None
ABSTAIN: None
ABSENT: None
The motion carried.
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Mr . Venard assumed t he Chair , a nd t ha nked the Comm ission membe r s for
his election as Chai rm a n . Mr . Ve na rd th e n as ked fo r nomi n ations fo r
t h e position of Vice-Chai rm a n .
Mr. Ba r b r e nomi nated Mr . Mc Br aye r f or Vi ce-Chairman .
No f ur t he r nomi n ation s fo r Vice-Ch ai rman we r e ma de.
Stoe l mo ved:
Ca r son second e d: Nomi nati ons cease , a nd a un a ni mo us vote be cast for Mr .
Mc Br aye r f or Vi ce-Chairma n.
AYES : Carson, Magnu son, Mc Br aye r, Stoel, Ve na rd, Allen, Ba r b r e , Beie r NAYS : None
ABS TAIN : No ne
ABS EN T : No ne
The motion car ried.
VIII. APA CONVENTION
Mo n trea l , Canada
April 20 -24
The APA Convention will be i n Mo n treal Ap r il 20 th r oug h the 24th . Mr.
Venard asked members to i ndica t e wheth er they would like to a tt e nd .
Mr . McBrayer indicated his interest in attendi ng, as did Mr . Mag nu son.
Budget limitations for Commissio n members were discussed; Mrs . Ro ma ns
stated that the staff requested funds for th attendance of two Com -
mission members, and while she has not seen the 19 85 Budget , as app r oved,
she has been told that there is fu nding for one Commission member to
attend the Conference. She stated that she would discuss this matter
wJth Mr . Vargas .
It was the consensus of the Commission that Mr . McBrayer will be the
delegate to the Convention in Mo n treal ; Mr . Magnuson will be the first
alternate and Mr . Venard stated that he would serve as the second alternate.
lX. DIRECTOR'S CHOICE .
Mrs. Romans discussed a r ezoning referral that has been received from
Arapahoe County for property on West Tufts Avenue at South Beverly Drive.
This is just east of Winderm re, and on the south side of Tufts Av nue.
The request encompasses one site, and will leave two single-family resi-
dences facing Tufts Avenue sandwiched in between comm ercial a nd industrial
zoning. Mrs. Romans presented Commission members with a small map of the
area; this is part of a larger area that was annex d by the City of
Englewood for a short time several years ago, but was de-annex ed by
Co urt action and not further pursued by the City. Mrs. Roma ns s t ated t hat
it is her feeling that the County should consider rezoning more t h a n just
the one property at this time, and include the two single-family resi de n tial
prop rties in this zoning action. Mrs . Romans also poi n ted out that addi-
tional right-of-way is needed for West Tufts Av nue, and 20 feet from the
property will be r quired for that right-of-way. Mrs. Romans read a letter
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that she has written to the Cou nty in opposition to the co nsid eration of
this one property, and s uggested that perhaps the corresponden ce should
come from the Chairman of the Commission rather than from staff. Dis -
cussion ensued . It was the consensus of the Commission that the letter
should be signed by Chairman Venard, and that the content of the letter was appropriate.
Mrs. Romans discussed the Rules and Procedure Manual for the Planning
Commission; she stat ed that she has had the City Attorney's staff review
the Handbook, and they have pointed out some legal points that should
be taken into consideration . Other sections of the Handbook are simply
out-dated , and ne e d to be revised. Mrs. Romans stated that she would
be working with the legal staff to update the Handbook, and will bring
a draft of the Handbook to the Commission as soon as possible.
Mrs. Romans introduced Assistant City Attorney Nancy Reid to memb ers of the Commis s ion.
The luncheon scheduled for the Co mmi ssion members wi th Mr. Olsen on
Febr uary 15, was discussed. Mr . Allen a nd Mr . Beier stated that they
would not be available on February 15 to attend the luncheon.
Mrs . Romans discussed the power of the Commisison to "vary " from standards
and requirements cited in the o rdinance, as was done earlier in the meeting
on the Conditional Use case. She suggested that the City Attorney should address this issue .
Mrs . Reid stated that the Planning Commission does not have the authority
to vary from the requirements a nd sta ndards cited i n t h e ordinance , and
that the Conditional Use ordinan ce is "mand atory " and the requirements
set forth in the Zoning Ordinance must be met in considerin g a Conditional
Use . Mrs. Reid further discussed the "interpretations" that may be made
because an ordinance is vague, and cautioned that the "interpretations"
must be made the same way on all cases .
Mr. Mcllrayer stated that he felt the Commission n eeded some flexibility;
he noted that the Comprehensive Zoning Ordinance amendments are coming
on for Public Hearing on February 20 , and this might be considered.
Mrs. Romans pointed out that in the B-1 section of the Ordinance, an ap-
plicant may present a traffic/parking study, and the Community Development
Director and Traffic Engineer may then waive the requirements; this pro-
vision is not contained in the Conditional Use section of the Ordinance . Discussion ensued.
X. COMMISSION'S CHOICE.
Mr. Venard announced that Assistant City Attorney Nancy Reid was celebrating
h r birthday on this date, and presented Mrs. Reid with a birthday card.
The meeting adjourned at 8:20 P. M.
0€rtrude G. Welty,
,%~ -'Recordit1i~ary
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MINUTES
Englewood Pub l ic Library Advisory Board
February 12, 1985
9 E.
Chai rman Jerry Valdes ca lled the regular me e ting of the Library Adviso r y Board to order at 7:50 p.m .
PRESENT: Jer ry Va ld es , Loi s Ster l ing, Debbie Dix, Bru ce Hogu e
Joh n Peterson , Al Quaintance, Ge rald Sampson, Kay
Va n Va lkenburg, Dorothy ll'heelehan
ALSO
PRESENT: Sha ron Winkle, Direc tor of Libraries
Ro ll cal 1 was taken and a quorum decl ared present.
The Board acknowled ged the reappointment of J erry Valdes and Bruce Ho gue for 4
year terms expiring in 1989. Both were congratul a ted, a nd it was not e d they had
both received letters form Rep . Chris Paulsen congrat ulating them on their re-appointments.
Dorot hy ll'heelehan gave brief commen t s from the Arapahoe Cou nt y Joint Board meeting
held February 11, 1985. The main agenda items were held for discussion during the Directo r's Report.
Chairman Va ldes discussed Board member memberships i n professional libra r y or-ganiza tion s as follows:
Ame r ican Library Assoc. -Chairma n
Mountain Plains Library Assoc. -Vice-C hai rm an
Co lorado Library Assoc. -a ll members
Freedom to Read Foundation (ALA) -Libra r y Advisory Board
Al I members are receiving pub! ications as appro pr iate.
Mr. Valdes turned the meeting over to Ms. ll'inkle for the Di r ector's Report.
Sharon Winkle transmitted the Annual Nar rative Report for 198 4 to the Board
members. There was brief discussion of the report and a tt ached graphic pre-
sentations of volume~ of service provided by the Library during 19 84 and previous years.
At thi s time Ms. ll'inkle announced that Minutes of the Department 's Planning Com-
mittee meeting s will be forwarded to the Board for its information. She also pre-
sented copies of a Strntegic Planning Model which the Committee will use to de-
ve lop plans for the period 1986-1990.
Ms. ll'inkl e next presented information about proposed efforts to acquire State
funding for the Colorado Resource Center (CRC) services. At its meeting of Feb.
11, 1985 the Arapahoe County Joint Library Boards issued a letter of support for
the effort to members of the Denver Public Library (DPL) Co mm ission a nd staff.
Dorothy ll'heelehan read the letter to Board members present. The letter i nvites
the DPL Commission to meet with representatives of the four public libraries serving
\rapahoe County on the evening of Thursday, February 21 . Denver Public Library's
Cen tral facility is open to all metro-area resident s without direct charge through
continued ....
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February 22, 19 85. The Commissio n has indicated that it may extend thi s dead-
l i ne if it receive s encouragement in its efforts to obtain support for Stat e funding for CRC services.
Ms. l1'i nkle then presented information about a proposal design ed to allevia t e the
acute s hortage of public parking at the existing City Hall /Libra r y. The pro-
po sal wa s developed by Officer Sheryl Shicora, Englewood Police Departme nt, Jim
Es pino sa, Administrative Assistant to the City Manager, and Library Staff . The
proposa l awaits review a nd approval by the City Manager before i t can be imp l emented.
If a ccepted, it will address the problem in the short-term. Another s olution may
have to be developed if the City Hall /Library remains a t i ts c urrent site over th e long-term.
The Board next
(APA L) Library
Gra nt Project.
methodology of
user surveys .
to help.
received i nformation about the Arapahoe Public Access to Librari es
Services a nd Co n s truction Act (LSCA)-funded Collection Developme nt
Ms. Winkle provided s ummary information about the purpo se and
the project . She also called for volunteers to help distribute
Loi s Sterling, Kay Van Valkenburg and Dorothy Wheelehan volunteered
Ms. Winkle present ed brief in format ion regarding the Library's LSCA-funded Ret re -
s pective Conver s ion Project. The State Library has agreed to extend the grant
expiration from Feb rua r y 1985 to September 1985.
It wa s noted that the Ci ty ha s petitjoned for removal of recently annexed Fairground
propert y from the Arapahoe Regional Library District.
The Board received updat es on the Library's He a lthl i nk and microcomputer prog rams .
Und er Direc tor's Choice, Ms. Wink l e discus sed the City Mana ger's State of the Ci ty
report, preparat i on of a Bill for a n Ordinance regarding the Safeguarding of Li-
bra r y Propert y, the Bil l for an Ordinance add ressing a pproval of the SEMBCS (So uth-
east Metropolitan Boa r d of Coope rative Services) co ntra c t for media ca t aloging a nd
processing ser vices , passage o f H.B. 1033 by the State House of Representatives
wh ich provides for a n increased ceiling on mill lev ies for library d ist r ict s , and
Trustee l\'orkshops s pon so r ed by the State Library scheduled for Spring 19 85 .
Under !ember 's Choice Al Quaintance thanked Lois Sterling for the wonderful dinner
which she prepared and served to the Board a t her hou se prior to the meeting.
85-4 MOTI OJ\: That Lois Sterling be named "Official Valent ine". ~by : Al Quaintance and approved by acclamation.
Bruce llogue reque sted that copies of cu rre nt "Insider" issues be made available
to the Board for review at futu r e meetings.
~o Committee Reports.
,\o unfinished business wa s brought forward for di sc u ssion.
The Board received the Statistica l Report for January 1985 and the 1984 Annual Statist ica l Report .
85-5 MOTION: Tha t the Minutes of the Ja nu ary 8, 1985 ~l eeting be approved as presented. Moved by: Bruce Ho gue
Seco nded by .Gerald Sa mp son
lotion ca rried.
Meeting ad3ourned a 9:20 p.m .
2-11 -85 dg
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ORDINAOCE NO. /{Ji
SERIES OF 1985
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BY AUTHORITY
9 '-(
COUOCIL BILL NO. 17
INTRODOCED BY COUOCIL
MEMBER BRADSHAW
AN ORDINAOCE APPROVING THE PROGRAM AGREEMENT BE'IWEEN THE ENGLEl-1000
PUBLIC LIBRARY AND SOUTHEAST METROPOLITAN BOARD OF COOPERATIVE
SERVICES FOR MEDIA CATAUX;ING AND PROCESSING SERVICES.
WHEREAS, the Li brary Department contracts with southeast
Metropolitan Board of Cooperative Services for the classification,
cataloging , and processing of current acquisitions for its collection; and
WHEREAS, this results in the availability of machine readable
bibliographic information for these itans which will be used in a
future automated library managanent systan;
Na-1, THEREFORE, BE IT ORDAINED BY THE CITY COUOCIL OF THE
CITY OF ENGLEWOOD, COLORADO, AS FOLCOOS :
Section 1. The City Counc il hereby approves the contract
between Englewoxl Public Library and southeast Metropoli t an Board
of Cooperative Services for the period January 1, 1985 tnrough
Decanber 31, 19 35 for merlia cataloging and processing services . A
copy of sai<'l co itract, enti tlerl "southeast Metropolitan Board of
Cooperative Ser·1ices 3301 south Monaco Denver, Colorado 80222
PROGRAM AGREEMErrr," is attached hereto and incorporated herein by reference.
Section 2. The Mayor and ex officio City Clerk-Treasurer are
authorized to sign and attest said contract on behalf of the City
Council and the City of Englewood.
Introduced, read in full, and passed on first reading on the 19th day of February, 1985.
Publ isherl as a Bill for an Ordinance on the 20th day of February, 1985.
Read by title and passed on final reading on the 4th day of March, 1985.
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Published by title as Ordinance No . /ft, , Series of 1985, on
the 6th day of February, 1985.
Atte st: 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 ~ssed on
final reading and published by title as Ordinance No.---1.J.p__, Series of 1985 .
Gary R. Higbee
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SOUTllEAST METROPOLITAN BOARD OF COOPERATIVE SERVICES
3301 South Monaco
Denver, Colorado 80222
PROGRAM AGREEMENT
The Southeast Metropolitan Board of Cooperative Services (SEMBCS) and the
Englewood Public Library do hereby enter into an agreement in which SEMBCS agrees
to provide media cataloging and processing services. The above program is ef-
fec tive beginning January 1, 1985, a nd ending December 31, 1985.
SEMBCS acknowledges a carryover of approximately 2, 000 items to be processed
for the Englei.·ood Public Library under the 1984 Program Agreement of 4,500 items
a t Two Dollars and Thirty-eight Cents each ($2.38). This 1985 Program Agreement
will commence :.ipon the completed processing of these items. At this time, in
s upport of the above agreement, Englewood Pub! ic Library agrees to p1y SEMBCS
the sum of Eleven Thousand Two Hundred and Fifty Dollars ($ll,250). in amount
which covers the cor.1pl et e cataloging and processing of Three Thousand (3, 000)
items at Three Dollars and Seven ty-five Cents ($3.75) each and the weekly de-
livery of processed items to Englewood Public Library at the annual cost of Five
Hundred Dollar s ($500). If the number of items processed exceeds the 3,000
specified in this agreement during the terms of the contract, Englewood Public
Library will be billed at Three Dollars and Seventy-Five Ce nts ($3.75) for each
item over that number. On the other hand, s houl d the num ber of items pro cessed
fall below 3,000, Englewood Public Library will receive a credit of Three Dollars
and Seventy-Five Cents ($3 . 75) for each item under the to t al amount. That c redit
may be applied to the 1986 contract, if one is forthcoming, or a refund given early in 1986 .
In addition to the above amounts, SEMBCS agrees to provide the application
of security strips to all pr)cessed Englewood Public Library items, once Engle-
wood has selected a vendor an<l purchased the appropriate security strips. These
will be provided to SEMBCS by Eng I ewood Puhl ic Library and will be applied by
SEMBCS as part of its regula r processing at the rate of Fifteen Cents ($.15) per
item or a tot al cost of Six llundred and Seventy-five Dollars ($675) for the approx-
imate 4,500 items to be proce ss ed by Sn!BCS for Englewood Public Library under this agreement.
SEMBCS Media Services wi I 1 be responsible for the following :
1 . Receiving and checking in of materials, including rectifying errors in shippi ng .
2. Professional ca taloging of all materials according to procedural agree-ments.
3. Materials 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 supp lied by EPL), and ready for use.
Audiovisual items an<l kits will receive: a complete card catalog set,
bar code label, pocket, security strips as appropriate, and a complete
set of labels for each major item, ready for use .
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4 . De livery of processed items to Englewood PJ blic Library once a week.
5. Payment to SEMDCS 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) ·s.,...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
PRESIDENT, BOARD OF DIRECTORS
SECRETARY
~~~~~~-' 1985.
MAYOR, CITY OF ENGLEWOOD
CITY CLERK-TREASURER,
CITY OF ENGLEWOOD
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OROINAOCE NO. I 1
SERIES OF 1985
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BY AUTHORITY
COUNCIL BILL NO. 18
INTRODOCED BY COUNCIL
MEMBER BILO
AN ORDINAN:E APPROVING AN AGREEMENT BE'IWEEN 'ruE GEOLOGICAL SURVEY,
UNITED STATES DEPAR'IMENT OF THE INTERIOR, AND 'ruE CITY OF
ENGLEWOOD, COLORAOO, BI-CITY WASTEWATER TREMMENT PLANT.
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WHEREAS, the Supervisory carmittee of the Bi-City Wastewater
Treatment Plant approved the purchase of a minimonitor in conjunction with USGS;
NGJ, 'ruEREFORE, BE IT OROr\INED BY 'ruE CITY COUNCIL OF 'ruE CITY OF ENGLEWOOo, COLORAOO, AS ~S:
Sect ion 1. The City Council hereby approves the agreernent bet.....een
the Geoiog1cal survey, united States Department of the Interior, and the
City of Englewood, Bi-City Wastewater Treatment Plant, a copy of which
l\greernent is attached hereto and incorporated herein by reference.
S~tion 2. City Council authorizes the City Manager to sign said
l\greerneiitOritiehalf of the City of Englewood.
I ntroduced, 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.
Read by title and passed on final reading CJ n the 4th day of March, 1985 .
Pub lished by title as Ordinance No. / 1 , Ser ies of 1985, on the 6th day of March, 1985.
Attest: Eugene L. Otis, Mayor
exc>IffCio City Clerk-Treasurer
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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 ~sed on
final reading and published by title as Ordinance lt:J.~, Series
of 1985.
Gary R. Higbee
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Form 9-1366
(Re v. 8-82)
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Dcpartmenl or !he lnrerior
Geological Survey
Joinr Funding Agrcemcnr
FOR
Water Resources Investigation
THIS AGREEMENT iscnl<red into as of the 1st day of March
STATES DEPARTMENT OF TH E INTERIOR , party or rhe first pan, and the
WAS T E WATER TREATMEN T PLAN T
1989>Y the GEOLOGICAL SURVEY , UNITED
CITY OF ENGLEWOO D, COLORADO, Bl-CITY
party o r 1he seco nd pan .
I . The panics hcrcro aarcc 1hat subject 10 t he availabtlity or appropriations and in accordance with their respective au1hont1c s I here shall be
maintained in coopcrarion installation, operation, and maintenance of a four-parameter wat e r-
quality monitor on gaging s t ation located on the South Platte River at Engl e wood
hereinafter called the program .
2. The following amounts shaU be contributed to cover all or 1hc cost or the nece;sary field and office work directly rcla1ed 10 lh1S program ,
but excluding any general administrative or accounting work in the office or either part y.
(a) S 3, 9 58. 00
March 1, 1985
(b) s 3,958.00
March 1, 1 985
by th• pany or lht first pan dunng the per iod
to D1 •c ember 31, 1985
by the part y or th• second part d uring th• period
to D c ember 31, 1985
(c) Additional amounts by each pany during th• abovo period or >u ccceding periods as may be dcrormined by mu1ual agree -
ment and set forth in an cxchango or letters berwcen tho panics.
• 3. Expmscs incurred in the performance or this program may be paid by either party in conformity with !he laws and rcaulations rcspec11vcly
' 1ovornin1 each party, provided that so far as may be mutually agreeable all oxpenses shall be paid in rhc first instance by rho parr y or rho first
pan with appropriatt rcimbursemont thereafter by rho part y or the second part . Each party shall furnish lo tho oth<r party such statemen ts o r
reports of expenditures as may be needed to satisfy fiscal requirement s.
4 . The ricld and office work pertaining to this program shall be under th• direction or or •ubjec1 10 periodic review by an autho rizod
representative of the pany or th• first part .
5. The areu to be included in the program shall be de1c r mincd by mutual agreement between the parties hereto or their authoriud reprcscnt-
arives . The methods employed in the field and office shall be !hose adopted by the party or the first part to insure th• requ irtd standards o r
accuracy aubjcct to modificauon by mutual agreement.
6. Durina the proarcss of the work all operar io ns or en her parry pcrtain1na to I his program shall be open to the inspection of the other party,
and if rhe work is not be ing earned on in a mutually satisfac1ory manner, either party may terminate this agreement upon 60 days written
notice to the other pany.
7. The oriainal records rcsul urg from th is program shall be deposited ultimarcly in the office or the party or the first part and shall become
pan of the records of thar o ffice. Copies shall be furnished to t he party or the second part upon rcquos r.
8. The maps , records or rcpo ns resu lrin g from t his program shall be made available to !he public u prompt ly as poSS1 ble . Tho maps , records
or reports normally wi ll be p ublis hod by the party of rhe firs ! pa rt . However , the pany or the second part reserves tho right to publis h t h•
results of this proaram and , 1f alread y p u bl ished by tho party o f t he fi rst part shall, upon rcquost , be furnishod by the party or t he fi rst part , at
cost , impross1ons suitable for p urposes or roproduction sim ilar to that for wh ic h the original copy was propared . Tho maps, rocords or reports
published by eit her pany shall contain a statcmtnt of t h• coop:rat ivc relat ions botween the parties .
GEOLOGICAL SU RVEY
UNITED STATES
DEPARTMENT OF THE INTERIOR
CITY OF ENGLEWOOD
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Andv Mccown, Citv Manaq e r
By
citv of Litt l eton ~
I Jy
(S I 0 N A T U R E .t T I T L E)
Distr ict Chief , WRD , Colorado District
IU t R.E VER ~E SIDE IF ADDITI O NA L SIGNA TU RES ARE REQUIRED )
•u.a. ......._. ..._.,_. °"..., tMt-••••tt•
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C 0 U N C I L
DATE February 27 , 1985
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C 0 M M U N I C A T I 0 N
AGENDA ITEM SUBJECT
II tL
PERMIT FOR WATER LINE INSTAL-
LAT I ON -CITY & COUNTY OF
DENVER
INITIATED BY Kells Wagg oner , Director of Public Works
ACTION PROPOSED Approve ordinance authorizing Mayor's signature on Permit
Aaree~ont
BACKGROUND
When another governmental agency requests permanent use of the City of Englewood
streets for installation of a pipeline, the permit is granted by Council by
ordinance .
The acceptance of the conditions of the permit by the other agency is by authorized
signature , and a copy of the final agreement is transmitted back to our City Clerk.
DISCUSSION
Attached hereto is a copy of a letter from the City and County of Denver requesting
permission to construct and maintain a 30-inch water conduit in West Belleview Ave-
nue from South Lowell Boulevard to South Federal Boulevard.
The water line is to be located on the north side of Belleview in Englewood's right-
of-way. we have reviewed the proposed loca ion of the water line and have determined
that we will not need to use this portion of Belleview Avenue for any of our future
lines.
The permit addresses such things as street closures, inconvenience to citizens,
damage to public and private property , future settlement, resurfacing, etc.
A map is available for inspection.
RECOMMENDATION
It is hereby recommended that Council approve the ordinance granting permission to
install the 30-inch water conduit. No monetary remuneration is proposed.
Attachs.
KW/lo
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Denver Water Department
1600 WEST 12TH AVENUE• DENVER. COLORADO 80254 • PHONE 623-2500
l'-bverrt>er 6, 1984
City of Englewood
Department of Public Works
3400 S. Elati
Englewood, Colorado 80110
Gentlemen:
Application is hereby made for a street cut permit within the City of
Englewood's road right-of-way for w. Belleview Ave. for the Water Department's
30-inch Conduit No. 135 as shown on the attached drawings (Dr. 215 No. 11,
consisting of 18 sheets).
This work is scheduled to commence February 1, 1985 and to be completed July
1, 1985. It is requested that the permit be expedited so that the permit can
be incorporated into the cont ract specifications prior to bidding this project.
~ Also enclosed for your review is a copy of the preliminary Engineering
Specification for this project.
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If you should have any questions rega~ding this matter or require any
additional information please call me at 623-2500, ext. 372.
Sincerely,
,/77///::Z/J
A.R. Peck,
Ap pra iser-Negotiator
ARP/ah
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ORDINAOCE NO .
SERIES OF 198_5 __ _
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 15
INT~BY COUNCIL
ME11BER~
AN ORDINANCE GRANTING TO CITY AND COUNTY OF DENVER, ACTING BY AND
'IliROUGH ITS BOARD OF WATER CCW1ISSIONERS, A MUNICIPAL CORPORATION
OF THE STATE OF COLORADO, A PERMIT TO CONSTROCT AND MAINTAIN A
WATER CONDUIT 'IliROUGH THE CITY OF ENGLEWOOD, COLORADO, A MUNICIPAL CORPORATION .
WHE~, the City and County of Denver, a municipal
corporationion of the State of Colorado, acting by , through and for
the use of its Board of Water Ccrrtnissioners, desires a permit to
construct and maintain a water conduit through the City of Englewood;
NCM, 'IliEREFORE, BE IT ORDAINED BY THE CITY COUOCIL OF THE
CITY OF ENGLEWOOD, COLORADO , AS FOLLCMS:
Section 1. City Council of the City of Englewood hereby approves
Permit Agreenent between the City of Englewood, Colorado, and the
City and County of Denver, a municipal corporation of the State of
Colorado, granting the City and County of Denver a permit to
construct, operate, and maintain a water conduit across certain
roads, streets, and property in the City of Englewood. Said Permit
Agreenent , consisting of four (4) typewritten pages, is attached
hereto and incorporated herein by reference .
Section 2. The City Council of the City of Englewood authorizes
the Mayor and ex officio City Clerk-Treasurer to sign and attest
said agreenent on behalf of the City Council and the City of Englewood.
Introduced, read in full, and passed on first read ing on the 4th day of March, 1985.
Published as a Bill for an Ordinance on the 6th day of March, 1985.
Attest : &!gene L. Otis, Mayor
ex offic io City Clerk-Treasurer
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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 a Bill for an Ordinance,
introduced, read in full , and passed on first reading on the 4th day of March , 1985.
Gary R. Higbee
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PERMIT AGRE™ENT
THIS AGREEMENT, entered int o as of the day of
1985 , between the CITY OF ENGLEWOOD, COLORADO, a mun icipal ____ _
corporation (hereinafter "City" or "Eng le.uod"), and the CITY AND
COUNTY OF DENVER , a mun icipal corporation of the State of Colorado
(hereinafter "Distr ict"), for the use of its Board of Water
Comnissioners (hereinafter the "Board") ,
WITNESS ETH
Wll EREAS , the City and County of Denver, acting by and through
i s Bo ard of Water Comnissioners, desires to construct, operate,
a nd maintilin a thir y-inch (30 ") water main, known as Conduit
Num ber 135 , under and across certain roads, streets, and property
in ti1e City of Engle.uod , Colorado, described as follows, to wit:
Beginning at a point 29.80 feet West and 27.17 feet North of
th<! Southwest corner of Section 8, Township 5 South, Range 68
West of the 6til Prime l't:!ridian, Arapahoe County, Colorado;
thence North 900 00 ' 00 " East, 27 .17 feet North of and
parallel wi th , the South line of tile Soutilwest quarter of
said Section 8, a distance of 134.80 feet to a point; thence
South 450 00' 00" East a distance of 24.28 feet to a point;
thence North 900 00' 00" East, 10.00 feet North of and
para llel wi th , the South line of the Southwest quarter of
said Section 8, a distance of 1577.83 feet to a point; thence
South 450 0 0 ' 00" East, a distance of 14.14 feet, more or
less, to the point of terminus on tile South line of the
Southwest quarter of said Section 8.
AND WHEREAS, the City agrees to grant said right, permit and
license under certa i n terms and cond itions;
NCM, THEREFORE, the parties hereto covenant and agree as follows :
A. All rights hereunder shall be e xercised in such manner
as to cause the least possible inconveni ence to those entitled to
make use of the streets or avenues involved, and the least poss ible
obs ruction to travel in a nd along said streets or avenues . To
til1s end , tile Board shall, wherever possible, always leave open at
least one-half of roads, streets or avenues adjacent to or crossing
tile excavations and construction work of the Board and shall take
all possible precautions to prevent accidents and lnJuries in
connection with any of its work along tile avenues and streets
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hereinabove mentioned. In no event, during the process ol
construction and laying of said coJX!uit, or the maintenance
thereof, shall any public or private street, alley or right-of-way
be obstructed to travel for a continuous period of more than four
(4) days. During the construction and maintenance of said cooouit,
there shall at no time be stored or left on the surface of the
streets, alleys or other rights-of-way of the City of Englewood any
pipe, materials or equipnent used in construction and maintenance
of said conduit for a period of more than two (2) v.eeks at any one
location before putting to use.
B. Should it beccrne necessary for the Board, during the
excavation for or the installation or maintenance of the sa id
conduit, to disconnect any house service lines frcrn any lines
pre sently in place in said streets or avenues, the Board shall
cause the same to be done in such a manner as to cause the least
possible delay and inconvenience to the water users thereof, aoo
the interruptions in water service to any property shall, in no
case, exceed a period of six (6) hours. All disconnection and
reconnec t ion of any such water service lines shall be done in a
good and workmanlike manner and all expenses incurred therein shall
be the sole responsibility of the Board.
c. All excavation and construction, installation and
maintenance work which the Board shall undertake pursuant to this
permit shall be subject to the inspection by a canpetent and
qualified inspector who shall represent the City, and the Board
agrees to ccrnply with all reasonable requests thereof in the
performance of said work. All such work shall be performed so as
not to interfere with or dClllage any utility lines owned by the City
or private utilities existing within such street. After each
excavation, the street shall be refilled; the upper nine (9) inches
of fill shall consist of asphaltic concrete surfacing, surfacing to
apply wher e existing surfacing is disturbed. All of the aforesa id
work shall be free frcrn settlanent arising out of any excavation
and performed within the limits of the trench excavation. '!here
shall be properly designed concrete encasenents required at each
pipel ine crossing of sani tary sewer lines and 1o0ter lines so as to
eliminate foreign pressure and stresses upon the Englewood sewe r
and 1o0ter installations. 'Ihe foregoing shall be subject to the
approval of a r epresentative of the Director of Public W:>rks of the
City of Englewood, Colorado. Any consequential dClllage to side
streets, the surface or installations thereon , approaching the
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various intersections with the right-of-way hereinabove granted
because of pipe and material storage and heavy equipnent movanent
or from other causes, shall be repaired or replaced in their
original condition at the sole expense of the Board.
D. '111e City and County of Denver and its Board of Water
Cannissioners, successors and assigns, shall at all times save and
keep harmless the City of Engle1o«>od and its City Council and other
officers and anployees from any and all danages that may in any
manner arise from the granting of this permit and the exercise of
any rights granted hereunder; provided, however, that the Board,
its successors and a ssigns , shall not be so held liable .mless
given full opportunity to defend any such claims .
E. Nothing herein shall be construed as granting :o the
Board any rights other than the permit herein expressly 1lefined and
set forth , nor shall anything in this agreanent be constcued as
granting an exclusive privilege to the Board, it being ulderstood
that the right of Engle1o«>od to grant the use of its road3 , streets,
avenues , alleys and other public rights-of-way to others for public
and private purposes is fully reserved to Engle1o«>od, consistent,
however, with the full exercise of the rights granted by this permit.
F. If the facilities installed hereunder are ever abandoned,
the Board agrees to neutralize or ranove the facilities at Board's own expense.
G. It is expressly understood and agreed that the granting
and acceptance of this permit is and shall be without pr.:!j lrlice to
any rights or obligations of the City and County of Denver, its
Bo ard of Water O:::mnissioners, the City of Englelo«>od, Colorado, or any i nhabitants thereof.
H. 'the conditions contained herein shall apply to the
agents, contractors, sub-contractors, heirs, successors, assigns of
any other entity having been granted "dominion" over the facilities
by the Board. 'the Board agrees that violation of this permit by
any of the above mentioned shall give the City the right to void
this permit and neutralize or ranove any facilities permitted
herein at the sole expense of the Board or its heirs, successors and/or assigns.
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IN WI TNFSS WHEREOF, the parties have signed this agreemen t as
of the day and year first above written.
ATTFST:
Gary R. Higbee , ex officio
City Clerk-Treasurer
APPROVED:
Director of Engineering
APPROVED AS TO FORM:
Legal Division
4
CITY OF ENGLEWOOD, COLORADO
By~,,,.--~~~~~--,-,-~~-
Eu gene L. Otis, Mayor
CITY AND COUNTY OF DENVER,
Acting by and 'Ihrough Its
Board of Water Ccrrmissioners
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C 0 U N C I L C 0 M M U N I C A T I 0 N
DATE AGENDA ITEM SUBJECT
// b SAFEGUAROJ Ne; ENCJ.J :IVOOJ> I. I BHAHY PROPERTY
INITIATED BY LIBRARY DEPAR TMLNl
ACT ION PRO PO S EO. __ _,C~o,,,u!!n,_,,c,.,i"'l'-"Auo~P!..lr.>ioc.xv-"e----"B"'-i .!.I .!.l _.i.:foll.l...r_,O,._r...,d,._1..,· n .... a.unJJc..ie._.rue;.i.p1..1.e..,au.l...i.i ..... n..i;g...._.S ... 1•.._r ...,1 .... i ... o .... n......_J .._J =--9"-"-"-7
of Title XI. Chapter 9 . '69 Englewgg d M1mjcj p al Cgdc an d Re p locing it wjr b Sec t ion 7
INTRODUCTIO , :
The Eng l e wood Pub! ic Library will be i n s ta 11 ing a Book Theft De t ec tion System in FY 85 .
The pur pose of this syst em is to dramatically r e du ce the amoun t of mo ni es l ost t o the
Cit y through the theft of Libr a r y mat eria l s , currently estimated at approximately
$15 ,000 per year. In s tall a tion of this sys tem will i nvol ve Lib r ary Staff 1<ork ing
closely wi th the Public to expl ain the benefits of thi s system , e.g . moni es saved
hrough preven t ion of theft, books available ~hen needed, etc . Li~e w ise, Libr ary Staff ~ill have to dea 1 with those members of he Public suspected of trying to unlawfully
remove Library materials from the Library building. Upon examination of the existi n g ~lun i ipal Code, it wa s determined that two particular areas of enforcement of this
new y s tem of theft prevention were lacing spe ific guidelines. These dealt wi h (1)
u ni ~ u l remo val of Library mater1al s from the building and (~) authorit y of Library
-aff o s top and question persons su s pc ted of trying t o remove those mat rials. The
ac hed Bill or Ordinanc e addresse. those concerns, while maintaining existing s afe-o ~a r d s L1 rary ma er1al s .
RLC ~l'1 E. ·ow AC T! 0 . :
Coun..:1 l appr on t he Bill for Ord i nan ce.
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SCR J ES OF 1 9ll-;_:;-
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BY AUT HOR ITY
A BILL FOR
COUt.X::IL BILL NO. 1 6
INTRODUCED BY COUOCIL
MEMBER ¢j£1d,.
1\N ORLJI N/\~'J ; /\Ml:Nll !NG T ITLE XI, CHAPTER 9, SECTION 7 , OF Til E
ENGL1':WOOJ) MUN IC! P/\L com:: I 6 9 , AS AMENDED, PROHIBITING DEFACING, DESTkOY JN ,~, OR REM OVING PROPCRTY FRa-1 THE ENG LEWOOD CITY LIBRARY.
Wll t:RIJ'\S , the City Council of the City o f Englewood recogn izes
thdt a \Nell -equipped and 1.iell-stocked c i ty-owned pu blic libr:ar:y
subslantiall y enhances the education and enJoyment of Englewood
residents, pr:anotes thei r: interests in the Ar:ts and significantly
contributes to the 1Nelfare of th is Ci y's residents; and
WHEREAS , the losses in the Englewood Public Libra ry of books,
periodicals and other materials have been abou $15,000 a year: f or
the past several years, wh ich is unacceptable and c au ses
ir r eparable injury and dcrnage to the library pr:ogr:am requiring cor r ective action;
NO.V , THEREE'ORE, BE IT ORDAINED BY THC CITY COUt.X::IL OF THE CITY OF ENG LEWOOD , COLORADO:
Section 1 . That Section 11-9-7 of Ti tle XI, '69 Englewood
M.mic1pal Code, as amended, is hereby repealed and a new Section 7
adopt l o read as follows:
B-9-=1+
~ 6Rall 9e ~Rlawi~l feE aRy peEseR ee wilf~lly EeeaiR aRy
Bee T Re.I Pd?eET Ald!Jai!iRey ~~lee 7 HlaR~seEi~ 9E 9eReE
~ Hy Bele~iA(j iR 01; ea aRy P\l.BHe H9EaEy7 Eeaei~ Eeetll 9E
Qt eE ee~aeieRal iflseit~E*9R EeF eRiFey f3Qt aays afeeF R9Eiee
~R WE*e~~ ee Fet~ER eRe &a111e7 ~iYeR afeeE eRe E!!!f*FaeieR ef eR e
eT111 eAa 7 9y eRe F~les ef s~R iRseie~eieR 7 s~R aEeiele eF ~ReE pt'9 H 111ay keph
11-9-7: S~EGUARDING ENGL!JY LIBRARY PROPERTY
(a) IT SHALL BE UNLAWFUL FOR ANY. PERSO ro WRITE IN, !~JURE
DEFACE , TEl\R OR DESTROY ANY K, PLATE, PICTURE, ENGRAV1NG, MAP ,
NEWSPAPER, MAG!'\ZINE, PAMPHLET, PERIODICAL, MANUSCRIPT, FIU'1 OR
AUDIO AND VIDEO RECORDING.5 , OR CGIPUTER SOF'IWARE BELONGING TI-IE
ENGLJ:l-J D PUBLIC LIBRARY.
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DEFACE THE GRO UNDS , BUILDING, FURNITURE , FIXTURES, EQUIPMENT OR
OTHER PROPERTY OF THE ENGL&<OOD PUBLIC LIBRARY.
(c) IT SHALL BE UNLAWFUL FOR ANY PERSON TO WILFULLY RETAIN
ANY CHARGED-OUT LIBRARY READING MATERIAL OR OTHER PROPERTY
BELONGING TO THE ENGLEWOOD PUBLIC LIBRARY FOR THIRTY (30) DAYS
AFTER NOTICE IN WRITING TO RETURN SAME IS SENT TO THE BORRCWER'S
ADDRESS REX:ORDED IN LIBRARY R.EX::ORDS , GIVEN AFTER THE EXP IRATION OF
THE TIME THAT , BY TH E RULES OF S!X:H INSTITUTION, SIX:H ARTICLE OR
OTHER PROPERTY MAY BE KEPI'.
(d) IT SHALL BE UNLAWFUL FOR ANY PERSON TO IID10VE OR TO
ASSIST IN THE IID10VAL FROM THE PUBLIC LIBRARY OR BOOKMOBILE ANY
READING MATERIAL BELONGING TO THE PUBLIC LIBRARY WITHOUT FIRST
HAVING THE SAME CHARGED OR CHOCKED OUT BY THE PROPER AGENT OR
EMPLOYEE OF THE PUBLIC LIBRARY IN ACCORDANCE WITH THE GUIDELINES ,
POLICIES AND PROCEDURES OF THE ENGLEWOOD PUBLIC LIBRARY.
Section 2. A new Sec ion 7.1 is hereby added to Title XI , Chapter 9 , to read as follows:
11 -9-7.1: AUTHORITY TO STOP AND IN;)UIRE
(a) IF ANY PERSON COOCEALS UPON HIS PERSON OR OTHERWISE
CARRIES AWAY ANY ENGLEWOOD PUBLIC LIBRARY READING MATERIAL OR
OTHER LIBRARY PROPERTY THAT WAS NOT PROPERLY CHARQ':D OUT BY THE
PROPER AGENT OR EMPLOYEE OF THE ENGLEWOOD PU9LIC LIBRARY OR WAS
OTHERWISE TAKE:~ WITHOUT PERMISSION, THE ENGLEW PUBLIC LIBRARY
DIRLCTOR OR ANY ENGLEWOOD PUBLIC LIBRARY EMPLOYEE/AGE IT , OR ANY
PEACE OFFICER , ACTING IN Q'.)()[) FAITH AND UPO PROBABLE CAUSE BASED
UPO REASONABLE GROUNDS THEREFOR, MAY DETAI AND QUESTION SOCH
PERSON, WHICH INCLUDES /\SKI HIM EMPTY POCKETS, HANDBAGS, KNAP-
S CKS, BRIEFCASES, ETC ., IN A REASONABLE MAl>rnER FOR THE PURPOSE OF
ASCERTAIN! WHETHER SOCH PERSON IS GUILTY OF UNLAWFULLY REMOVING
OR S I ST ING IN RD10VING LIBRARY READING MATERIAL OR OTHER PROPERTY
BELONGING TO THE LIBRARY . SOCH QUESTIO ING OF A PERSON BY THE
ENGLEW PUBLIC LIBRARY DIREC!'OR , ENGLEWOOD PUBLIC LIBRARY
E:"lPLO YEE/AGENT, OR ANY PEACE OFFICER, OOES NOT RENDER THE SAID
DIROCTO R, SA ID LIBRARY EMPLOYE E/AGENT, 0 SAID PEACE OFFICER
CIVI LLY OR CRI'1WM.LY LIABLE FO R SLN ER , FALSE ARREST , FALSE
I "l PRIS NMEtll', MAL lC IOUS PROSOCUTION, 0 LAWFUL DET ENTI O •
(b) WI THI TH IRTY (3 0) 0 .1'\YS AFTER THE PASSAGE OF THIS
0 r A."l:E AND BEFORE ANY ACT I ON rs TAKE THERE ER, THERE WILL BE SIG~S PERMANENT LY STED WITHI TH E E!.iGLEW PUBLIC LIBRARY AND ON
nu:; FRO~'T R THC REO I OR'1J G THE PUBLI C THAT MERE ENTRY INTO
THL ENGLEW PUB LIC LIBRARY GRANTs C ENT TO THE Et-.Q.EW PUBLIC
LIBRA RY DIROCTOR, LIBRARY fl'1PLOYEES /AG£NTS AND PEACE OFFICERS TO
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DETA I N AN D QU EST ION SOCH PERSON, IN A REASONABL E MANNER F OR TIJ C
PURPOSE OF ASCERTAINING WHETHE R SOCH PE RSON IS GUILTY OF UNLAWFULLY
RD10 VING OR ASSISTING IN RD10VING LIBRARY READING MATERIAL OR OTHE R
LIBRARY PROPERTY WHEN TIJE ENGLEWOOD PUBLIC LIBRARY DIROCTOR,
LIBRARY E:-IPLOYE ES/AGENTS, OR PEACE OFFICER AC.T IN GOOD FAITH AND
UPON P ROBABLE CAUSE. THIS ENTRY ALSO CONSTITUTES CONSENT F OR TIJ E
PERSON D1PTYING CLOTHING POCKETS, HANDBAGS, KNAPSAC.KS, BRIEF CASES,
ETC. WHEN ASKED TO DO SO.
(C) DEFINITIONS :
a) THE TERM "LIBRARY READING MATERIAL" SHALL
INCLUDE, BUT NOT BE LIMITED TO, ANY BOOK, MAGAZINE, PERIOD ICAL,
MICROFILM OR REPRODUCTION, PLATE, PICTURE, ENGRAVING, MAP, Nll'JS-
PAPE R , PAMPHLET,MANUSCRIPT,FILM, PHONOGRAPH ROCORD, OR AUD IO
AND VIDEO RECORDING.5, CCMPUTER SOF'IWARE, OR OTHER IT™5 BELONGING
TO THE PUBLIC LIBRARY.
b ) "OiARGE-OUT" MEANS ANY LIBRARY ITEM CHOCKE D OUT
BY A LIBRARY E:-IPLOYE E AND ROCORDED AGAINST AN INDIVIDUAL 'S LIBRARY
CARD AND L IB RARY ROCORDS.
I ntrod uced , r ead in full, and passed on first read ing on the 4th d ay of Mar ch , 19 85.
19 85. Pu blished a s a Bill for an Or dinance on t he 6 th day of f'0r ch ,
Attes Eugene L. Otis , Ma yor
ex off1c10 City Cler k-Treas urer
I , Glry R. Higbee , ex officio City Clerk-Treasurer of th City
o f D1 1lewood , Colorado , hereby certify t hat the above and foregoing
is a r ue , ac curate and canplete copy of a Bill for an Ord i nance ,
in roduced, r ad in full , and passed on first r eading on t~e 4th day
of Ma rch , 198 ~.
Gar y R. Higbee
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RESOLUTION NO. I I SERIES OF 1985 ~~-:.....;.....~~...::...::..:..:.::...::.::........::...:.......;:.::..=-=..
A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF ENGLE~OD, COLORADO, TO CREATE A SPECIAL IMPROVEMENT DISTRICT IN
THE CITY, TO BE DESIGNATED AS PAVING DISTRICT NO. 30, ADOPTING
DETAILS AND SPECIFICATIONS FOR THE PROPOSED DISTRICT, AND ORDERING
PUBLICATION AND MAILIN G OF THE NOTICE OF HEARING TO THE OWNERS OF
THE PROPERTY TO BE ASSESSED FOR IMPROVEMENTS IN THE DISTRICT.
WHEREAS, the City Council of Englewood, Colorado, has
determined that it is necessary to create a special improvement
district within
installing
improvements,
the City, for the purpose of constructing an
street paving, curb and gutter and sidewalk
together with necessary incidentals, on certain
streets as set forth in this Resoluti on , and to assess the cost of
the improvements against the property specially benefited by the
improvements and included within the district; and
WHEREAS, pursuant to the Charter of the City and Chapter
1 4 of the Municipal Code of the City, the City Council has
determined to construct and install such improvements, provided
however, that the City Council shall consider all protests and
objections that may be made in connection with the proposed
improvements , before ordering the construction thereof; and
WHEREAS, pursuant to an order of the City Council, the
Engineer of the City for the proposed special improvement project
h a s prepared and filed preliminary plans, specifications,
e imates of cost, maps and schedules for the proposed
i pr o vements;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GLE OD , CO LORADO:
1. Th at he City Counc i l has determined there exists a
n ce i y f o r th e construction and installation of the street
paving , cur a n gutter and sidewalk improvements, together with
nee s a r y i nci dentals, on those streets which are more
a r ticul arly set for h in the notice of hearing, and to create a
p cial i pro ve n district for such purpose .
2. Th at the Enqineer's reports, ogether with the
p r eli min ry detai ls , specifications, estimate of cost, maps and
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schedules prepared and filed with the City Clerk be and the same
are hereby appr oved and adopted by the City Council for use in the
construction and installation of the improvements to be made in
said improvem ent district.
3. That materials to be used in constructing and
installing the proposed improvements are stated in the Notice
hereinafter set forth.
4. That the assessments to be levied against the
property to be included within the district, for sai d
improveme nts , shall be due and payable within thirty days from and
after the final publication of the ordinance assessing the wh ole
actual cost of said improvements against the real property in said
district , provided, however, that any owner who shal l pay the
entire amount of the assessment within sa id period of time, shall
be entitled to an allowance of 5% of the amount of the assessment.
In the event any owner of real estate shall fa il to pay the whole
of such assessment against his or her property within said thirty
days, then the whole cost of said improvements so assessed against
such property shall be payable in ten (10) equal annual
installments of assessments. The interest rate on the unpaid
installments of assessments will be at a rate not exceeding 14%
per annum, as shall later be established by ordinance. The first
of said installments of principal and interest shal 1 be due and
payable at such time as may be determined in and by the assessment
ordinance, and the remainder of the annual installments of
principal and inte rest shall be due and payable successively on
the same day in each year thereafter until all are paid in full.
5. That the property to be assessed for said
improvements shall be the property specially benefited by said
improvements and included within the improvement district, and
more particularly described in the Notice hereinafter set forth.
6. That there shall be prepared an ordinance creating
within the corpcrate limits of the City, a special improvement
district to be designated as Paving District No. 30, providing for
the construction and installation of the improvements, all as
f described in this Resolution, and in accordance with the
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preliminary r~port, plans, maps, specifications, details and
\ esti mates of c~sts of the Engineer, herein referred to and now on
file in the office of the Director of Engineering Services, The
proposed ordinance will be considered for passage on first reading
by the City Council at a regular meeting thereof to be held on
Apr i 1 1 5, 19 8 5.
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7. Not ice of the public hearing on the creation of the
district shal 1 be published once a week for three weeks in the
Eng lewood Sentinel, a newspaper of general circulation in the
City . In addition, a copy of such notice shall be mailed, postage
prep aid, to ea ch known owner of real property within the proposed
dist rict.
The published notice shall be in substantially the
following form:
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N 0 T I C E ----
OF THE INTENTION TO CREATE A SPECIAL
IMPROVEMENT DISTRICT IN ENGLEWOOD, COLORADO,
TO BE KNOWN AS PAVING DISTRICT NO. 30, FOR THE
PURPOSE OF CONSTRUCTING AND INSTALLING STREET
PAVING, CURB AND GUTTER AND SIDEWALK
IMPROVEMENTS, TOGETHER WITH NECESSARY
INCIDENTALS, ON CERTAIN STREETS AND AVENUES,
AND A PUBLIC HEARING THEREON.
All o wners of real estate and property hereinafter
described, and all persons generally, are hereby notified that the
City Council of Englewood, Colorado, pursuant to its owner order
has adopted preliminary details, plans and specifications for
construc tion of street paving, curb and gutter and sidewalk
improvements , in and for a proposed special improvement district
within the corporate limits of Englewood, Colorado , to be known as
Paving District No. 30.
follows:
Said persons are further notified as
(a) The improvements to be constructed or installed are as follows:
l) Necessary grading and excavation, paving with 6"
compacted gravel basecourse and 2" asphaltic
concrete surface, concrete walks, curb and gutter,
or 4' "V" pan where not already installed or not
meeting City standards; together with appurtenances
and incidentals on the following streets and
avenues:
E. Antlerst Ave.
Prcposed:
E. J!rnherst Ave.
E. Mherst Ave.
s . Emerson St.
s. Enerson St.
Prcposed:
Fran 1b
E. line S. ~nn St. w. line S. Wishington St.
Construct 31'-wide paving (6 & 2) 4' walk both sides;
widen 5' to north.
E. lines. Clarkson St.
E. line City Ditch
S. line E. Yale Ave.
s. line E. J\ntlerst Ave.
Construct 20'wide paving (6 &2) 4'
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E. line s. Elnerson St.
W. line S. Q;}den St.
N. line City Ditch
300 ' s. of E. J\ntlerst Ave.
"V" pans each side.
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S. Enerson St. s. line E. Girard Ave. N. line E. Han{:>den Ave.
Prcposed: Construct 3l'wide paving (6 & 2) curb, gutter & sidewalk
both sides.
S . OJden St.
Proposed:
s. line E. Yale Ave. N. line E. Bates Ave.
Construct 27'-,,ide paving (6 & 2) 4' sidewalk on E. side only.
S. Pearl St. S. line E. Yale Ave.
PrCQOSed: Construct 26'-wide paving (6 & 2)
N. line E. Amherst Ave.
S. \oeshi~ton St. s. line E. Cornell Ave. N. 1 ine E. ll:!rtmouth Ave.
PrCQOSed: Construct 27'-wide paving ( 6 & 2)
On
2) Necessary grading and excavation, paving with B"
compacted gravel basecourse and 3" asphaltic
concrete surface, concrete walks, curb and gutter
where not already installed or not meeting City
standards: together with appurtenances and
incidentals on the following streets and avenues:
Fran To
w. Baltic Ave. E. line s. Raritan St. E. line s. ~cos St.
Prcposed: Construct 40' wide paving (B & 3) (petitioned street)
E. flantx'e n Ave.
Prcposed:
E. line S. 91ernen St.
Construct 32'-,,ide pavi~ (B & 3)
E. line s. Clarkson St.
3) Necessary grading & excavation, paving with B"
deep-strength asphaltic concrete, concrete walks,
curb and gutter where not already installed or not
meeting City standards; together with appurtenances
and incidentals on the following streets and
avenues:
w. Un i on Ave.
?reposed:
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Fran To
E. end Platte River Bridge w. line St • .Wy. 85
Construct 40'-,,ide paving a· deep-stre~th asphalt (assess at
40' paving 8 & 3.) curb, gutter and walk on south; curb and
gutter only on north.
Stripping off existing asphaltic concrete surface,
reshaping existing compacted basecourse and paving
with 2" asphaltic concrete surface, along with
removal and replacement of concrete curb, gutter,
and walk not meeting City standards1 together with
appurtenances and incidentals on the following
streets:
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CJl Fran To
600 E. W3s hington Cir. W, line S. \leshington St. W. line S. 'leshington St.
Sl 2" asphaltic concrete overlay, along with removal
and replacement of con cre te curb, gutter, an d wa lks
not meeting City standards; together with
appurtenances and incidentals on the following
streets and avenues:
(Ji Fran To
E. Antlerst Pl. E. line S. Penn. St. w. line S. Clarkson St .
s. Bannock St. s. line w. Aimers t Ave. N. line w. Bates Ave.
s. Bannock St. s. line w. Bates Ave . N. line w. tl!rtJtouth Ave.
s. Galapag o St. s. line w. Olenargo Ave. N. 1 ine w. Graoo Ave.
s. Ll.ncoln St. s. line E. Hanpje n Ave. N. edge tittle Dry Creek
s. Lincoln St. s. line E. Oxford Ave. N. line E, Princeton Ave.
s. W:ishington St. N. line E. Grand Ave. N. line E. Belleview Ave.
(bl The descr ip t ion of the proposed district, and
the property to be assessed with the cost of the improvements
shal l be all of the real property fronting or abutting on the
streets and avenues between the termini hereinbefore described,
including the real property within one-half (1 /2) block of such
streets and avenues. Adjustments for the assessment of costs will
be made for irregular and odd-shaped lots and parcels of property.
(cl nie probable total cost of the improvements to
be cons tructed and installed is $1,137,000.
(dl nie pro bable amount of the total cost which the
City sha ll pay is approximately $281,000.
(el nie balance of the total cost wh ich is not paid
by the City wil 1 be assessed aga in st the pr operty specially
benefited by the improvements, and included within the District.
Probable costs per front foot for said improvements are as
follows:
Asphalt paving -20' width
(6 and 2)
Asphalt paving -32' width
(6 and 2)
Asphalt paving -32' width
(8 and 3)
Asphalt paving -40' width
(8 and 3)
~Ju.1,J. fJ ~ -z. o · M-dtA
(b ~z?J
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$13.92 per front foot
$22.27 per front foot
$30 .2 4 per front foot
$37 .8 1 per front foot
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Dee p strength asphalt (8" thick) $50.01 per front foot
P a vi n g o f other widths shall be i n proportion t o t h e above
estimates.
4" thick Monolithic VC&G/4' walk
6" thi c k Monolithic VC&G /4' walk
Ve rtical curb and gutter
4" Sidewalk 4' wide
6" Sidewalk 4' wi d e
6" "V" pan 4' wide
Strip existing paving and place
2" asphalt 32' width
2" overlay 32' width paving
Al 1 estimates
inspection, collection,
law.
exclude the
incidentals and
$23.1 3 per front f o ot
$27 . 7 2 per front f oo t
$12 .10 per front foot
$12.48 per front fo ot
$17.4 0 per front foot
$18.40 per front foot
$1Q,71 ~er frQRt foot
' o .1r !?4-~ µ~'"""' ~
$ 8.76 per front foot~
six percent ( 6%) for
interest as provided by
The costs of paving to be constructed along the sides of
corner lots wit hin the District shall be assessed against
properties within one-half ( 1/2) block, or 300' of such
intersections and corner lots, whichever is smaller, on a zone
bas i s in accordance with benefits conferred on such properties.
Each one-half (1 /2) block, or 300' section, will be
divided i nto six (6) parallel zones and assessments will be on the
foll~w;~:{ro ~ ~
,~'!st Zone abutting on street
or avenue............................ . 28. 55\
Next Zone.•••••••••••••••••••••• •••••••. 14.29%
Ne x t Zo n e ••••••• , •••••••••.••••••••••••• 14. 2 9
Next Zon e ••••••••••••••••••.••••.••••..• 1 4.29 %
Next Zo ne ••••••••••••••••••••••••••••••• 14. 29%
Ne x t Zon e ••••••••••••••• , ••••••••••••••• 14. 29%
To tal 10 0 %
No a ss e ssments will be made for curbs, gutters and
sidewa l k s in plac e which c o nfo rm with the plans and specifications
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for the proposed improvements aTrct ·Whrcn are acceptable to the City
Engineer .
The cost of improving street, avenue and alley
inte rsect ions through out the District, and of paving in ex cess of
36 ' wi dths and 8" thickness on streets designated as arterial or
collector within residential zon ing as of March 4, 1985, will be
paid by the Ci ty.
Property owners are specifically referred to the
sche dul e of proposed assessments which will be on file in the
Office of the Director of Eng i neering Services, from whi c h the
a ppr oxi mate amount to be assessed against any particular lot or
parcel or property may be determined.
Upon completion of said improvements, or as so on as
the total cost thereof is definitely ascertained, such cost sha ll
be apportioned to the property in the District. Notice of such
apportionment shall be given and a hearing will be held pr ior to
the adoption of an ordinance assessing such cost, all as provided
by law.
(f) The assessments will be due and payable without
demand within thirty days from and after the final publication of
an ordinance assessing the whole cost of said improvements against
the real property in the District; provided, however, that any
owner who shall pay the full assessment within said period of
thirty days shall be entitled to an allowance of five percent
(5%). In the event that an owner of real property shall fail to
pay the whole of such assessment aga inst the property within said
thirty days, then the whole cost of sa id improvement so assessed
against the property shall be payable in ten equal annual
installments of principal. The first of such installments of
principal shall be due and payable at such time as ~ y e
determined in and by the assessing ordinance , an d he remai11der of
said installments shall be payable on the same date each year
thereafter until all are paid in full. The rate of interest to be
paid on unpaid and deferred installments will be at a rate no
exceeding 14% per annum, as shall be established by ordinance to
be adopted by the City Council at a later date .
(g) A Hearing on the crea tion of the District will
be held by the Council on Monday, April 8, 1985, at 7:30 P.M., at
the Municipal Building in Enqlewood . A public hearing shall also
be held prior to the final passage of the ordinance creating the
district , at the regular meeting at 7:30 P .M. on Monday, May 6,
1985.
(h) Any person desiring to be heard upon the issue
of the creation of the district or upon the construe ion ,
installation or improvement of the improvements involved, may
appear at the time and place set for the public hearing thereon
for that purpose.
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(i) A map, estimate and schedule showing the
approximate amount to be assessed, and all resolutions and
proceedings will be on file and can be seen and examined by any
person interested at the Office of the Director of Engineerin g
Services at any time during business hours on or prior to the date
of hearing.
Dated the 4th day of March, 1985,
( S E A L )
Publish in: Englewood Sentinel
Publish on: March 6, 13 and 20, 1985
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/s/ Gary R. Higbee
Director of Finance
Englewood, Colorado
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8. A copy of the notice which will be published shall
also be mailed to each property o wne r to be included within the
district and who will be asse ssed with the cost of the
improvements .
9 . Should any one or more sections or provisi ons of
this Resolution b e judici ally determined invalid or unenforcea ble,
such determination shall not affect, impair or invalidate the
remaining provisions hereof, the intention being that the var ious
provi sions hereof are severable.
ADOPTED AND APPROVED This 4th day of March, 1985.
( S E A L )
Mayor
ATTESTED:
Director of Finance
I, Gary R. Higbee, Director of F i nance, ex-officio City
Cle rk-Treasurer of the City of Englewood, Colorado, do hereby
certi fy tha the above and foregoing is a true, accurate and
complete copy of Resolution No . , Series 1985 , passed by City
Council on the 4 th day of March, 1985.
Director of Finance, ex-officio
City Clerk -Treasurer
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c 0 u N c I L C 0 M M U N I C A T I 0 N {'
DATE rebcuary 27 , 1985 AGENDA ITEM SUBJECT PROPOSED PAVING DIST RI CT NO.
/IC
INITIATED BY City Mdnaqer
ACTION PROPOSED Co nsideration of resolution of intent to fonn Pav ing Distc i ct
No. 30 on Monday , March 4 ' 1 985 .
BA-:KGR0l.1ND
S nee 1950, the City has been improving its s reets to meet minimum City standards
thro qh Paving Improvement Di stricts . Ducing thts period , some 23 districts have
been comfle ed , improving approximately 90 miles of streets and 4 0 alleys .
rh cos
hrough
a'.1d th
s of these improvemen s are borne by both he ad)acent p r operty owne r s ,
cial assessm n s levied for wor k done adJacent to their proper ies,
hrough udge ed monies in he PIF for street and alley in ersec-
al s onn sewec construe ion , righ -of -way acquisi ion, fence
Bud Re r a , Council en a ive l y ap,roved a ten-ye r paving dis rict
r1n1 11 stn'eLs no included in previous distric s Uf o 'ity s andard:,.
l st of s r, cts (Paving District ~3 0) represen s year on"? of th ten-
Tt,esc "tr<' ts were presented to Council s an accumula ion of
reques s from citizens, pe itions, requests
!is , s ree s showin este
oi JI d ic C<m:r te and basecoursc: o dtetenn11.e the frropr1ate .. tiun
Streets not m~e ing minirmm ~nglewoo s and rds "er proposed for recon-
arni assessmen . If a stree , not mee in<J minim' m st ndards, cun L
to sta11 ,ud by construction of an overlay, ther. an overlay is proposed for
r"
hat are found o me City standards are not proposed for
bu included in a C1 y ov..,rlay-sealcoat
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No. JO" consu; s
l recons ru .. t1on ot ov r
s sugge,,ted by he City
m ny p ches. W• h v not
to Council 's discre ion.
30
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FINANCIAL
$4 00 ,000 is available in the PIF for the City's share of t h e pro j ect in 1 9 8 5 .
Assessa b l e c o s t s will be available through the sale of bonds.
CONCLUS I ON AND RE COMMENDA T I ON
If City Council wishes to include 3900 South Washi ngton Street in this district
rather than in year three of the ten -year program, the resolution sho uld b e
amended as such . We r econunend passage of the resolution o f intent to form Pav-
ing Distric t No . 3 0 which sets the public hearing for Apr il 8 , 198 5 at 7 :3 0 o 'c loc k
p.m. in the c ounc il c hambe rs .
Please review the list of proposed streets and estimated costs and the proposed
schedule for construction of the District .
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PROPOSED SCll(OULE FOR PAVWG DISTRICT N :.._.2Q.
TUESDAY , february 19, 1%5
TUESDAY, February 19, 1985
MONDAY, M•r ch 4, 1985
WEDUESDAY, M•rch 6, 1985
FRIDAY , March 8, 1985
WEDNESDAY, March 13, 1985
WEDNESDAY, March 20, 1985
MOtlOAY, April 8, 1985
MONDAY, April 15, 1985
WEDNESDAY, April 17, 1985
MONDAY, May 6, 1985
MONDAY, May 13, 1985
MONDAY, Hay 2D, 1985
MONDAY, Hay 20, 1985
WEDNESDAY, Hay 22, 1985
WEDNESDAY, May 22, 1985
TUESDAY, Hay 28, 1985
THURSDAY, May 3D, 1985
THURSDAY, June 6, 1985
MONDAY, June 17, 1985
MONDAY, June 17, 1985
FRIDAY, June 21, 19 !1~
NIJAY, July I, 1%5
llEDNESDAY, July 3, 1985
NDAY, July 8, 1985
MUNDAY , July 15, 1985
WEDNESDAY, July 17, 1985
FRIDAY , August 16, 1985
NDAY, October 7, 1985
RK/cb
2/12/85
List of s treets ava i able for Council study
session.
Selecti ng fi n11 for fisc al services and bond
hand li ng .
Conside r re soluti on of intent to f onn Paving
District No. 30.
First pu blication of Not ice.
Ma il notice of i ncl usi on in Dhtrict and
public hearing to all •ffecte d property owners .
Sec ond publication of Notice.
Third publication of Notice.
Public hearing on fonnation of Distr ic t
(S pecial Mtg .) at 7 :30 o'llock p.m.
Introduction of a bill for an ordinance ere.t-
ing the District.
Publication of bill for ordinance .
Public hearing on ·final passage of ord in an ce.
Curb, gutter, sidewalk pennit cut-off date.
Final reading of bill for ord i nance.
Notice to contractors and bond sale aut hori zed .
Publ lsh as an ordinance.
Publis h first notice to contractors and bond
houses.
Plans and specifications available.
Second notice to contractors and bond houses .
Thi rd notice to contractors and bond houses .
F1nal dote for private concrete construct io n .
Open conHruction bids at 2 :DO o'clock p.111.
Drdrnance 1n full force ~nd effect.
Open bond t 1ds at 2:DO o'clock p.m.; award
contract; 111troduce bill for ordinance to
Issue and st 11 bonds. (Bonds dated July l.)
Publtcat1on of bill to sell ba n.ls.
Est. date of stdrt of construction (90 days).
Pasuge of ordinance on final r !td1ng .
Publish as an ordinance foll 1ng f inal pdssag e .
Ordinance In full effect--proc eds of bonds
received.
Est. dote of completion of pro;ect.
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C ity of (nglewood
'ttforrtn
8o!l1C
llolf
Wes.le.,
Bo ti.tr
Hor1to rd
Voss.o r
Coll•Q•
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PROPOSED PAVING DISTRICT #30
<RECONSTRUCTION)
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Lind"" Or ~1 1/i(. ;:fli Koon'-' Ct ~ ~r tl .-,,.,., ~ "' ~ .4.
1r .. ..q '~~\·\a ar&al Ho.r:;:~ t:: \ \ U it · I
LrOYB "_ ll: \io ~ _, .
H 111 1 ~ ('"'"
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500-6 00 E. Amherst Ave.
800 E. Am he rst Ave.
900 E. Amherst Ave.
2700 s. Emerson St.
2800 S. Emerson St.
3400 S. Emerson St.
2700-2800 s. Ogden St.
2700 s. Pearl St.
3000 S. Washington St.
1600-1700 w. Baltic Ave.
200-700 E. Hampden Ave.
1800-2 1 00 w. Union Ave.
600 E. Washington Cir.
500-700 E. Amherst Pl.
2800-3000 s. Bannock St.
4 900 s. Galapago St.
3500 s. Lincoln St.
41 00 S. Lincoln St.
5000 S. Washington St.
3900 S. Washington St.
DH/lo
2/25/85
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P RELIMINARY COST ESTIMATE
PAVING DISTRICT #30
Assessab le
Cost City Cost Total
Sec. A
$ 63,580
19,656
15,699
35,848
20,670
53,480
85,525
26,551
29,177
48,745
138,348
124,630
21,532
18,747
61,578
12,801
12,809
12,168
13,451
$815,003
30,819
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Sec. B ~
$ 23. 080
5,066
1,377
597
-0-
1,028
17,620
3,907
2,181
4,079
68,142
128,077
1,433
2,134
3,420
600
1,393
1,260
2 ,363
$267,757
3,131
$ 86,6 60
24,722
17 ,076
36,445
20,678
54,508
103,145
30,458
31,358
52 ,824
206,490
252 ,707
22,965
20,881
64,998
13,401
14,202
13' 428
15,814
Sl,082,760
33,950
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600 E. Wsshington Cir. W. line S. Wsshington St. w. line S. Wsshington St.
5) 2• asphaltic concrete overlay, along with removal
and replacement of concrete curb, gutter, and walks
not meeting City standards: tog ether with
appurtenances and incidentals on t h e following
streets and avenues:
en Fran Tu
E. Anherst Pl. E. line s. Fll!nn. St. w. line s. Clarkson St. s. Bannock St. s. line w. Antlerst Ave. N. line w. Bates Ave. s. Bannock St. s. line w. Bates Ave. N. line w. lllrbrcuth Ave. s. Galapago St. s. line w. Chenargo Ave. N. line w. Grand Ave. s. Linool n St. s. line E. Ha!tpden Ave. N. edge Little Dcy Creek s. Linooln St. s. line E. Oxford Ave. N. line E. Princeton Ave. s. "Bshington St. N. line E. Grand Ave. N. line E. Belleview Ave.
(bl The description of the proposed district, and
the property to be assessed with the cost of the improvements
shall be all of the real property fronting or abutting on the
streets and avenues between the termini hereinbefore described,
including the real property within one-half (1/2) block of such
streets and avenues. Adjustments for the assessment of costs will
be made for irregular and odd-shaped lots and parcels of property.
(c) The probable total cost of the improvements to
be constructed and installed is $1,137,000.
(d) The probable a.mount of the total cost which the
City shall pay is approximately $281,000.
{e) The balance of the total cost which is not paid
by the City wi ll be assessed against the property specially
benefited by the improvements, and included within the District.
Probable costs per front foot for said improvements are as
follows:
Asphalt paving -20' width
(6 and 2)
Asphalt paving -32' widt h
(6 and 2)
Asphalt paving -32' width
(8 and 3)
Asphalt paving -40' width
(8 and 3)
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$13.92 per front foot
$22.27 per front foot
$30.24 per front foot
$37.81 per front foot
,, ~,I'/ ,..... r ~~ ./.....,/
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Deep strength asphalt (8• thick) $50.01 per front foot
Paving of other widths shall be in proportion to the above
estimates.
4• thick Monolithic VC&G/4' walk
6• thick Monolithic VC&G/4' walk
Vertical curb and gutter
4• Sidewalk 4' wide
6• Sidewalk 4' wide
6• •v• pan 4' wide
Strip existing paving and place
2• asphalt 32' width
2• overlay 32' width paving
Al 1 estimates exclude the
i nspection, collection, incidentals and
law.
$23.13 per front foot
$27.72 per front foot
$12.10 per front foot
$12.48 per front foot
$17.40 per front foot
$18.40 per front foot
$ 8.76 per front foot
six percent (6\) for
interest as provided by
The costs of paving to be constructed along the sides of
corner lots within the District shall be assessed against
properties within one-half (1/2) block, or 300' of such
intersections and corner lots, whichever is smaller, on a zone
basis in accordance with benefits conferred on such properties.
J ~ " A "' ., .1 ilk J p .. 4 , .,. • .,,r ..-( f .. l r W ,
Each one-half (1/2) block, or 300' section, will be
divi d ed into six (6) parallel zones and assessments will be on the
following basisc
1st Zone abutting on street
or avenue. . • • • . • • • • • • . . . . • . • • • . • • . . . • • 2 8. SS\
Next Zone.•••••••••• •••••••••••••••••••• 14.29\
Next Zone ••••••••••••••••••••••••••••••• 14. 29\
Next Zone ••••••••••••••••••••••••••••••• 14.2 9\
Next Zone ••••••••••••••••••••••••••••••• 14. 29\
Next Zone ••••••••••••••••••••••••••••••• 14.29•
Total 100\
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,,.__.-No asaessmenta will be made for curbs, gutters and
sidewalks in place which conform with the plans and specifications
7/le ~'",'' .. ,,.,,, ... / · .l..~1 /A, .s.,_,./4 •. L .,,/7/,,., ~ " J,/_,,._ ,. /" ... / ,.._ ,1
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RESOLUTION NO . _l~.
SERIES OF 1985
l'. P.l:.S:...LU'.'lON u~crnc TI!E. Pl.SSAGJ:: OF H.B. 1134 ~y ':llE COLOH.ADO
GE:MUtAL l'.SSI::l1BLY , t.hICP. hC'l' CP.AN'I'S l'.N E);El:P':'IO:I FRm' DU!i\CES
TO LOC71L GOVI.;P.W·.E.N'I'S !'ROM FEOEPJl.L M:'I'I':'nUS':.' Ll'.\·JS .
WEE.REl'.S , tr.e State of Colorado relies upon :iocal govern-
ments to carry out many licensing and regulatory activitie s
and should provide local governments and their taxpaye rs with
suff icient Frotection to exercise that recponcibility without
ear of expensive antitrust litigation and liability ; and
WHEREAS, the exposure of municipalities in Colorado and
throughout the country to antitrust lawsuits has been expanded
as a result of recent decisions of the United States Supreme
Court ; anc
WHEREAS, the potential for damage awards and the sub-
stantial expense of def endinq antitrust litiqation , even if
successful , may inhibit mun icipali ties from er.actins or
enforcing regulations which protect the public health, safety
and welfare, but which also may be deemed to restruct competi -
tion; .::.utl
1n.LF.I:;ttS , at leas i'i •1e Colo r a do mun icipalities a:ir-eady
have been sued under Le antitrus laws; and
v:i ~h
and
WHEREAS, other Colorado municipalities have been threatened
n i rust lawsuits for licensing or regulatory decisions;
WHEREAS , the cost to the taxpayers of Boulder , Colorado ,
in defending one federal an itrust lawsuit , which was settled
prior o trial, was an es imated one -quarter million dollars;
and
~l!EREAS, munici aliti s differ from private en erprise
in ha priva e enterprise is no charg d wi h pro ecting
h pullic h al h, safe y and welfare hrouah licensing and
r uula ion; and
WHEREAS, numerous pro cc ions from municipal licensinq
and regulatory ac ions , other han damages under the antitrus
laws, are available such as public notice , public hearing, public
m inq and public r cord requiremen s , court review of actions,
p riod1c elections nd the riqh s of initiative, referendum and
recall, nd the continuing aut.hority of the General Assembly or
h people of olorado to modify he statutory or constitutional
n1 hor1 ·of Colorado 's municipali ies;
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NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
That the Colorado General Assembly should act as
quickly as possible to adopt H.B. 1134 in order to protect
local gove rnments and their taxpaye rs from expensive anti-
trust litigation and liability for local licensing and
regulatory activity and that the City of Englewood supports
ef forts of the Colorado Municipal League in this regard.
ADOPTED AND APPROVED the 19th da y 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 complete copy
of Resolution No . , Series of 1985.
Gary R. Higbee
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C 0 U N C I L C 0 M M U N I C A T I 0 N
DATE AGENDA ITEM SUBJECT Local Governme n t
February 28, 198 5 /Id Antit r us t Liabili t y Legislation
IN ITIATED BY City Manager 's Office
ACT I ON PROPOSED Recomme n dation to app r ove a Resolu t ion u r gin g the passage of
House Bill 1134 by the Colorado General Assembly t o g r a nt an exemp ti on from th e
liability t o local governmen t s from a n y federal a n d s t a t e antitrust law ac ti ons.
BACKGROUND
On September 25, 1984 , the federal Local Government Antitrust Act
of 1984 became law. It grants an exemption from dama ges t o local gove rn-
ments from fe dera l antitrust laws . However, although it is wid ely
thought that the legis lation solves ant it ru st lia b ility problems fo r
Colorado local governme nt s, it does not.
Despite the r ecent federal l egislation , local gove rnm en ts continue
to be subj~ct to antitrust liability, particularly in the area of
re gula tory and licensi ng activities. Loc al gove rnment s r e main liable
for inj un ction , e .g ., wh ere the r elief requested is not damages but
a court order p r ohi b iting actions by a local go ve rnm ent such as the
approval of a r ezoning request. Attorney's fees ma y also still be
requested in connection with injunction actions.
Further, in past years, the majority of antitrust cases were filed
in federal court , however, with recent federal amendments, it has
become more attractive to file a case under the state antitrust act,
which has not changed . Although , the state act does not allow for
triple damages , single damages and attorneys fees alone can be significant.
The City of Boulder, for example, has reportedly incurred a quarter
m1llion dollars in costs in its defence of its Co mmuni ty Co mmun ica t ions
lawsuit .
FINANCIAL DETAILS
None .
RECOMMEND ATION
Recomm nd that City Council pa s the attached Resolution wh ich urges
pa·sage of House Bill 1134 by the Colorado G neral As sembly to grant
local government an exemption from liability from antitrust laws wh en
exE'rciAinll: powers 11:ranted to them by law.
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C 0 U N C I L
DATE
February 28, 1985
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C 0 M M U N I C A T I 0 N
AGENDA ITEM
//e,
SUBJEC T Reso lu tion fo r the lndemnifi-
cation of Elected or Appointed Officials
or Employees of the City of Englewood, CC
INITIATED BY City Man age r's Office
ACTION PROPOSED Re comme ndation to adopt a Re sol ut ion prov iding fo r
indemnifica tion of elected and appointed officials of the City .
BACKGROUND AND PURPOSE
In a recent review of the CIRSA insu r ance policy fo r the City of
Englewood, it was discovered that the policy will not cover claims
arising fro m condemnation actions by the City of its agencies . Seve r al
requests were made of CIRSA for interpretations of the poli cy coverage
regarding th is matt e r and all of them have resulted with the same
n egative response.
Therefore, the City Attorney has recommended that the Ci t y Council
initiate a Resolution which would indemnify elected or appointed officials
or employees of the City of Englewood . The Resolution s tat es that the
City shall reimburse each person for legal expenses incurred in connection
wi th claims or liability for actions taken in the course of his or her
official duties . This does not provide indemnification if ~illful mis-
conduct or g ros s negligence is invo lved.
RECOMMENDATION
It is recomm nd d that the Ci t y Council approve th e referenced
Resolution for the indemnifica tion or elec ted or appointed of ficials
or employees of the City of Englewood, Colora do .
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RESOLU rION I 3
SERIES OF ~
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A RESOLUTION FOR THE INDEMNIFICATION OF ELOCTED OR APPOINTED
OFFICIA[S OR EMPLOYEES OF THE CITY OF ENGLEWOOD, COLORADO.
IlE IT RESOLVED BY THE CITY COUOCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLCMS:
Section 1. Each elected or appointed official or anployee of
the City of Englewood or any of its boards, cannissions, depart-
ments, or other sub-entities now or hereafter serving as such,
shall be, and hereby is, indannified by the City of Englewood
against any and all claims and liabilities to which he has or shall
beccme subject by reason of serving or having served, or by reason
of any action alleged to have been taken, ani tted , or neglected by
him in such capacity; and the City of Englewood shall reimburse
each such person for all legal expenses reasonably incurred by him
in connection with any such claim or liability, provided, however,
that no such person shall be indannified against, or be reimbursed
for any expense incurred in connection with, any claim or liability
arising out of his own wilful misconduct or gross negligence.
Section 2. '!he anount paid to such person by way of
indenn1f1cation shall not exceed his actual, reasonable, and
necessary expE ,nses incurred in connection with the matter involved
as determined solely in the discretion of the City Council of the City of Englewood.
Section 3. 'n"le right of indannification hereinabove provided
for shall not be exclusive of any rights to which any such person
may otherwise be entitled by law.
,b.[)()PTED AND APPROVED this 4 day of March, 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
forego).ng is a true, accurate and canplete copy of Rasolution No._jji_, Series of 1985.
Gary R. Higbee
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C 0 U N C I L C 0 M M U N I C A T I 0 N
DATE Feb. 19 , 1985 AGENDA ITEM
II SUBJECT Slopemo wer Bids
INITIATED BY Parks & Recreation Depart men t
ACTION PROPOSED Award of Bid for Slopemower to Boyd Distr ibution Co Inc for
Introduction
The 1984 budget request included a slopemower for maint ena nce of the 14 acre
Englewood High Sch ool Detent ion Pond. This item was no t approved in 1984 because the
Parks Division was instructed to mai ntain the slopes with ou r present equipment,
evaluate any problems encou nt ered, and then budget accordingly for 1985.
Justification
The slopemo wer wa s again budgeted in 1985 for he following reasons:
l. There are nearly 6 acres of slopes a a 4 to 1 grade or steeper. Our conventiona
mowers place the operator in a precarious, unsafe position while mowing, and on
occasion, present mowers have slid on the slope during wet conditions.
2. Often, in 1984, we were behind on our mowing schedule for other park areas becau s
our present mowing equipment could not keep up with the extra mowing demand for this 14 acre s i te. "
3. We ave already had one claim of accident injury due to operator back strain
attributed to mowing slopes with equipmen not designed for that purpose.
4. With development of the downtown area and Little Dry Creek channel, this mower,
along with addi ional equipment of this ype, will.be required.
Background
Bids were sen to the followinq prospective bidders:
Boyd Distributing Co., Inc., Denver, CO
L.L. Johnson Distributing, Denver , CO
S.W.T. Dis ributors, Albuquerque, N.M.
Ri t tco, Inc. , Sa 1 t Lake City, UT
Only two bids were received from local distributors who are the sole local vendors
for this yp of equipmen , which is relatively new to the market. The higher bid from
l.L. Johnson arrived late o the Purchasing Agent, with no explana ion for being late .
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( ! Bid Results
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I Bids were opened February 14, 1985 as per bid announcement.
Johnson Distr ibut ing Co. was opened February 16, 1985. The late bid by L.L.
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Bid results were as follows :
L. L. Johnson Distributing Co.
Boyd Distributing Co ., Inc.
Financial
$30,339.00
$26,478.00
The 1985 capital outlay for the Detention Pond Budget includes $24,000 for purchase
of a slopemower. An unanticipated major price increase for the mo wer occurred in 1985,
thus resulting in the low bid price of $26,478.00, placing the mo wer $2,478.00 over budget
In 1984, before the City assumed maintenance of the detention pond, approximately $5,000
was spent for turf fungus control, attributed to turf stress, caused by improper watering by the contractor.
Since the City now has responsibility for maintenance, we feel the fungus problem will
not reoccur, howeve r , we have budgeted a $5,000 amount for disease and fungus control in
1985 in the agricultural supplies account of the operational budget.
With a proper turf manag ement program and proper budget management, we are confident
that the $2,478 capital outlay account overrun created by purchase of the slopemower can be absorbed within the 19 85 operational budget.
Recommendation
Award low bid for slopemower purchase to Boyd Distributing Co., Inc., in the amount of $26, 478.00.
SUGGEST ED ACTION:
MOVED BY __ _
SE COND ________________ _
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