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Home My WebLink About1985-04-15 (Regular) Meeting Agenda• • • Ci y Council Meeting -Regular -April 15, 1985 • • D • - u 0 • I . . • • ( 4. 5. 7. a. ~· ~ • • • - AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL APRIL 15, 1985 7:30P .M. Call to order . Invocation by Reverend William Mantei, Centennial Lu heran Church, 3595 West Belleviev Avenue. Pledge of allegiance by Boy Scout Troop 192. Roll Call. Minutes. (a) Minutes of the regular meeting of April 1, 1985. Pre-Scheduled Visitors. to 10 minutes.) (Please limit your presentation (a) Reverend William Mantei vill be present to accept a congratulatory letter from the City Council. (b) Mr. Tom Burna, Chairaan, Bnglevood Housing Au hortty, v ill be present to present a check for PILOT. Non-Scheduled Visitors. to 5 minutes.) (Please limit your presenta i o n Communications and Proclamations. (a) Proclamation declaring Apr il /9, 1985 as Arbor Day . (b) Proclamation declaring the veek of Apr il 22-28, 1985 as Volunteer Recognition Week • • I • • • • • • • - Page 2 April 15, 1 985 Agenda 8. Communications and Proclamations (Continued). Proclamation declaring May 2, 1985 as Nat ional Day of Prayer. Proclamation declaring the week of Ma y 5-11, 1 985 as Small Business We k. 9. Consent Agenda. - Bfr-J.3 ¢3 (a) Minutes of the Board of Career Service Commiss ion rs meetings of January 24, February 7, 12, 21, 2 5 , 2 7, Mar ch 13, 14, 15, 19 and 21, 1985. (b) Minutes of the Urban Renewa l Authority meet ings of March 6 and 13, 1985. (c) Minutes of the P l anning and Zoning Commission me of Mar ch 19, 1985. (d) Ordinance on final reading approving an agreement between the City of Englewood and South Suburban Metropolitan Recreation and Park District to con- struct a hike/bike trail from the north boundary of Englewood Golf Course along the South Platte River to West Oxford Avenue. (e) (f) Ordinance on final reading approving utilities easements submitted by Dodson-Thomas Investments for property located between West Warren Avenu e and West Baltic Avenue. Ordinance on final reading approving the amended contract between the State Highway Department and the City of Englewood for enclosure of the C1ty Ditch. Ordinance on final reading approving Southgate Sanitation District's Supplement to No. 105 to annex approximately 40.437 a cres to the District. 1ng + (h) ·~JJ_ Ordinance on final reading approving Greenwood Village Sewer Improvement District No. 1, Supple- ment No. 10 to annex approximately one acre to the District. 10. Public Hearing. 11. Ordinances, Resolutions and Mot ions . (a) Recommendation from the Engineering and Finan ce Departments to approve a Resolution adopting th PIF Six-Quarter Budget for ~he period Apr il, 1985 October, 1986 • to I • - • • • - Page 3 April 1 5 , 1985 Agenda 11. Ordinances, Resolutions and Motions. 1 2 . Recommendation froa the Planning ' Zoning Commiss i on that City Council review its Findings of Fact con- cerning the proposed rezoning of property located at 3511 South Downing, that it set a public hearing and that it amend the Comprehensive Zoning Map . Recommendation from the Community Development Department to approve the following: ( i) / , b-&b rn~~ .. ~o&~ ( 11) ( i11) Resolution to approve a Housing policy whi ch outlines requirements for the City's Single Family Mortgage Revenue Bond Program. Resolution to notify the Colorado Division of Housing of the City's intent to issue Single Family Mortgage Revenue Bonds. Resolution to approve the transfer of the Ci y's allocation of Mortgage Revenue Bonds to the City of Lakewood, which shall serve as the lead issuer for a Consortium of five ci ies. City Manager's Report. , 13. City Attorney's Report. 14. General Discussion. (a) Mayor's Choice. (b) 15. Adjournment. ()'1/t /1 1 '\,.( ...... AND MC COWN City Manager AM/sb • I • • • • - 1:3 0 HIQdav Neal Vobe 1da Weist Bi lo BradshitW Otis MOriON: • I • • • • • • - AG E!>IDA ITEM -----P RESE!>ITE D BY-------- ROLL CALL Hove d Se co n ded Ayes Nay Absent Abstain Hlgday v Neal v Vob e1da £...- Wei s t a-- B l lo ,___ Bradshaw v Ot is ,__ MOTIO!>I: I • • • • • - ) AGE NDA I TEM --'=--<'--4....!-_. _ PRESENT ED BY -------- ROLL CALL Moved Seconded Abstain t11qdav -v Neal -v Vobe1da - Weist - Bi lo - Bradshew -Otis - I • • • • • • - -- AGEHDA ITEM PRESENTED BY ------- ~I ROll CAll Moved Seconded Ayes Nay Absent Abstain ~av Neal Vobe,-da WeTst Bllo V adshaw Otis MOTI I . . • • • • - -- AGENDA ITEM (o b PRESENTED BY !~ I 1)1 ~ I 2 /f1-7 / ,/ .;,__~ ~ (>~ ~~J g ~ 30oo S ~ ROll CAL 110IIt!d Seconded Ayes Na y Absent Abstain Hladay NeaT V0be1da Weist Bile BradshiiW Otis M<Yl'ION: • I . • • • • • - -- AGENDA ITEM 1 PRESENTED BY -------------- ROLL CALL Moved Seconded Ayes Nay Absent AbstaIn ~ay_ Nea__!_ vobnda We_! st .J.IIo Bradshaw Ot is MOTION: I . • • • ( AGENDA ITEM U ;.._ - Moved Seconded v Hlgoay Neal Vobe1da v Weist Bllo Bradshaw Otis MOTION :~ • - PRESENTED BY -------- ROLL CALL AbstaIn I f -- I • • • • AGENDA J'fEM s b PRESENTED BY--------- ROLL CALL Moved Seconded Ayes Na y Absent AbstaIn v Hlq<lay I Neal I v-Vo be1da I Weist Bi lo Bradshaw ~ Otis - MOTION :~ I • • • • • - AGENDA ITEM ~ (.___-PRESENTED BY ROLL CALL Hoved Se conded A l ~es Na y Absent Abstain Hlgda y I v Neal I Vobe1da T v We is t I Bi lo Bradsh-- Ot is - MOTIO N: II • • • • • - PRES ENTE D BY -------- ROLL CALL Moved Seconded Absent Abstain Hlgday Neal i/ Vol:!eJda _l --Weist I Bllo -Bradshaw Otis - I • • • • • • - - AGENDA ITEM PRESENTED BY-------- ROll CAll 1'\oved Seconded Hlgday ,..... NeaT Vobe1da v Weist -BIIo Bradshaw OtIs HOCWN~?"~ ~~~P _(AftLR~~~~ • Abstain I • • • • - AGENDA ITEM -----PRES ENTE D BY --------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain H IQ<Iay Neal Vobe1da Weist Bi lo Bradshaw - Otis • MOTION: I • • • • • • • AGENDA ITEM _,_/_../_It-:._ __ ROLL CALL Hoved Seconded Ayes Nay Absent Abstai n Hlgday J v Neal ' v Vobe1da Weist I Bi lo Bradshaw - Otis MCYrlON: • I • v • • • - AGENDA ITEM -..1-J-""'~- ROLL CALL Moved Seconded Ayes Nay Absent AbstaIn v-HTqday v Neal Vobe da Wei s t Bi lo Bradshaw '----· Otis MOTION: I • • d • • • • - AGE NDA ITEM ----------PRES ENTED BY -------------- 1 \,) ROll CAll ~oved Seconded Ayes Nay Absent Abstain 111 gday -Neal Vobe,da Weist Bi lo Bradshaw - Otis MOTION: I . • • • • - AGENDA ITEM PRESENTED BY-------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlqday Neal Vobe1da We I st Bllo Bradshaw OtIs MOTION : I • • • • • • - AGEND A ITEM PRESE NTED BY !6 Moved on ed Sec d Ayes Nay Absent Abstain r 1-I Hl acav I-v v Neal 1 1 T Vobe,da I =t - .__ '--- Wei s t Bi lo L I Bradshaw -· -- I OtIs -- l =1 -MOTI ON: Ll--w--//c./ I • • • • • • - AGENDA ITEM -----PRESENTED BY-------- ROLL CALL Moved Seconde d Ayes Nay Absent Abstain Hlgday v Nea_! Vobe1da j Y" We_l_s t _I_ Bi lo Bradshaw ,.. Otis MOTION:~ #/0 I • • • • • • - AGENDA ITEM PRESENTED BY-------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain v Higday v Neal vobe-ida Weist Biio Bradshaw -Otis - MOTION:~clt !1 I • • • • • - AGENDA ITEM __ J..;:..c;) __ _ PRESENTED BY--------- ROLL CALL Mov e d Se conded Aye'!> Nay Ab'!>ent AbHaln Hlqdav Neal Vobe1da Weist Bllo Bradshaw Otis MOTION: II • • • • • • - /3 AGENDA ITEM -L--------PRESENTED BY -------------------I ROLL CALL Moved Seconded Ayes Nay Absent AbstaI n HT gday Ne al vobe1da Weist 81 lo Bradshaw Otis MOTION: I • • • • • • - I AGENDA ITEM n ---- ( I(C-~~ j )J ._ {'~ - :t'-J -~ rre ·-·c /1 /hc_c jW)----;.. c~ ~ 7'. ~~ ,¥tai -vV -~;;t; ROLL CALL Move d Se conded Ayes Nay Absent Ab sta n Hlgday Neal Vobe da Wei s t Bl fO Bradshaw Otis MOTI ON: I . • • • • • - AGENDA ITEM ----P RE S ENTE D BY ------- J /~ ~~~~ ~ fru ~J- 3 3 -3 </d7J --J I ~ ~ r S' • I ( J?J"" . ROLL CALL Moved Seconded Ayes Nay Absent Abstain ·HToday Neal Vobe1da Wei st Bllo Bradshaw Ot is MOTION: I . • • • • • • • Please insert ~h followin g motion into ~he minutes of th Council meeting of ~pril 1, 1985, pag 4, after the first se~ of stars: "Director of Engineering Services Diede presented a r comm ndation to award the bid for the groundwat r pump back system proj ct at the golf cours to Tierda 1 Construc- tion Company, th lowest bidd r. MAYOR PRO TEM BRADSilA\oJ t\OVED TO A\oJARD THE E GLE- WOOD GOLF COURSE GROUND\oJATER PUHP BACK SYSTEM PROJECT TO TIERDAEL CONSTRUCTION COMPANY IN THE AHOUa T OF $79,480. council J.1ember Vobejda seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Member Higday, Vobejda, Weist, Bilo , Bradshaw, Otis. Council Member Neal. The Mayor d ec lared the motion carried ." • I • • ( • RffiULAR MEETING: • • • CC>lJOC I L CHAMBERS City of Englewood, Colorado April 1, 1985 The City Council of the City of Englewood, Arapahoe County, Color do , me in regular session on April 1 , 1985, at 7:30 p .m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Reverend William Mantei, centennial Lutheran Church, 3595 West Bell view Avenu • Reverend Mantei presented a le er reques for a proclamation or letter of congratulations and greetings from Council recognizing the 25th anniversary year of their congregation. Mayor Otis asked for roll call. Upon a call of the roll , the following were present: Council Members Higday, Neal , Vobejda , Weist, Bilo, Bradshaw, Otis Absent: None . The Mayor declared a quorum present. .. .. * * • * • Also present were: City Manager McCown * * * Assistant City Manager Vargas Director of Libraries Winkle Director of Engineering Services Diede Director of Utilities Fonda Deputy City Clerk Owen * • * * MAYOR PRO TE1'1 BRADSHAW I'()VElJ TO APPROVE THE MINUTES OF THE RffiULAR ME~::TING OF MARCH 25, 1985. Counci 1 Member Bilo seconded the motion. Mayor Pro Tern Bradshaw noted the correct spelling of Brian's name was "Cohn". The editorial was accepted . Upon a call o( the roll, the vote resulted as follows : Ayes: Nays: Abstain: Council Members Higday, Neal, Vobejda, Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried. • * * * • * • I • • Apz:il 1, 1985 Page 2 • • - C(){JOCIL MEMBER HirnAY I'DVID "ro APPROVE 'llfE PROC:LAMATION DOCLARING "APRIL 13, 1985" AS FATHER FRAN: IS J. KAPPES DAY". Council Membez: Bilo seconded the motion. Upon a call of the roll, the vote z:esul ed as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Mayor Otis presented the proclamation to Father Kappes. Father Kappes s ated it was a pleasure to receive recognition for something he enjoyed doing. • • • * • * * Mayor Otis and Mayor Pro Tern Brandshaw prese nted recognition awaz:ds to athletes and coaches of Englewood High School State Tournament events in the sports of swimming and wrestling. • * * * * * * Eugene Norman, 4239 South Galapago spoke before Council concerning the following issues: 1) barking dogs he encounters during his wal ks; 2) conversa ion with Englewood Police Lt. Bill Belt; and 3) his let r to CBS television network requ sting air time . * • • • • • There were no other visitors at this time • • • • • • • MAYOR PRO Tfl'1 BRADSHAW ~ ro APPROVE A PROC:LAMATION DEX:LARING "THE I«>NTH OF APRIL, 1985 AS FAIR HOUSING I«>NTH." Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Vobejda, Weist, Silo Bradshaw, otis • • • I • • • April 1 , 1985 Pag 3 Nays: None. • • - The Mayor declared the motion carried • • • • • • • The following itans were on the consen agenda: (a) Minutes of the Englewood Housing Authority meetings of December 5, 1984 and February 13, 1985 . (b) Minu es of th Water and Sewer Board meeting of February 5, 1985. (c) Minutes of the Downtown Development Au thority meeting of February 13, 1985. (d) Minutes of the Parks and Recr eation Commission meeting of February 14, 1985 (e) Minutes of t he Planning a nd Zoning Commission meeting of March 5, 1985. (f) Minutes of he Public Library Advisory Board meeting of Mar ch 12, 1985. COUICIL MEMBER HICDAY 1-KNED TO J\CCEPI' a:>NSENT AGENDA ITEl'1S 9(A) 'rnROUGH 9(F). Council Member Bi lo seconded the motion. Upon a call of the roll, th vote resul ed as follows: Ayes: Nays: Council Members Higday, Neal, Vo jda , Weist, Bilo Br dshaw, otis. None. 'Itl Mayor declared h motion carried • • • • • • • • Director of Libraries Winkle presen ed a recommenda ion for award of bid of a book theft detection system to 3M Company. COUICIL MEMBER NEAL 1-KNED TO AWARD 'mE PUOCHASE AND INSTALLATION OF A BOOK 'rnEFT DETEX:TION SYSTEl'l WITH CERTAIN ADDITIONAL cn1PONENTS AND SUPPLIES TO 3M cn1PI\NY FOR AN J\MOUNT 00'1' TO EXCEED $8,966. Council Mettler Higday seconded th mo ion . Upon a call of th roll, th vo e resul ed as follows: Ayes: Council Members Higday, Br3dshaw , otis • 1 , Vobejda, Weist, Bilo I • • • • April 1 , 1985 Page 4 Nays : None. • • - The Mayor declared the motion carried. * * * • • • * MAYOR PRO TEl'! BRADSHAW MOVED THAT ANY I'K>NI ES LEFT OVER FRa'l OOLF COURSE ~TER PUMP BACK SYSfEl-1 BE PUT INTO THE PUBLIC IMPROVEl'IENT FUND. Council Member Weis t seconded the mot ion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal , Vobe jda , Weist, Bilo , Bra dshaw, Otis. None . 'nle Mayor declared the motion carried • RESOLUTION 00 . 14 SERIES OF 1985 • • • • • • * A RESOLUTION APPROVING LICENSE AGREEMENT BE'IWEEN THE CITY OF ENGLD«XX> AND BURLINGTON OORn!ERN RAILROAD <niPANY FOR REHABILITATION OF TH E WEST HARVARD QJI:Dl STORM S~ OOTFALL BE'IWEDl OOUTH RARITAN SfREET AND THE SOU'lll PLATTE RIVER OUTLET STRUCTURE. Council Member Vobe jda asked that th invert of the pipe versus the concrete apron be checked so the apron slope was canpatible to the wa r velocity . Council Merroer Vobejda was concerned that erosion was prevented. Director Diede stated he would verify th check. COUOCIL MEl'lBER BILO ~ TO PASS RESOLUTION 00. 14 , SERIES OF 1985 . Council Member Vobejda seconded the motion . Upon a call of the roll , the vote resul ed as follows: Ayes: Council Members Higday, Neill, Vobejda, Weist, Bilo, Bradshaw, Otis . Nays : None . 'nl Mayor declared the motion carried. • • • • • * * I • • • 1\pri 1 1, 1985 Pag 5 BY AUTHORITY ORDINAI'CE NO. SERIES OF 1985-- A BILL FOR • • - COUNCIL BILL NO. 2 I NTRODUCED BY COU OCI L ME1'1BER HIGDAY AN OROINAI'CE APPROVING AN AGREflotENT BE'IWEEN THE CITY OF ENGL~ AND SOUTH SUBURBAN METROPOLITAN REX::REATION AND PARK DISTRicr TO roNSTRUCT A HIKE/BIKE TRAIL FRa1 THE OORTH OOUNDARY OF ENGL~ OOLF COURSE TO WEST OXFORD AVENUE. <DUOCIL M&IBER HIGDAY I'()VED TO PASS COUNCIL BILL NO. 2, SERIES OF 1985, ON FIRST READING. Mayor Pro Tern Bra dshaw seconded the root ion. Upon a ca ll of the roll, the vote resulted as follows: Ayes: Council Member s Hi gda y, Neal, Vobejda, We ist , B ilo , Bra dshaw, Otis. Nays: None. The Mayor declared the rootion carried. • • OROINAI'CE NO. SERIES OF 198'-.:5--- • • BY AUTHORITY A BILL FOR • • COUNCIL BILL NO. 19 INTRODUCED BY COUOCIL ME1'1BER BRADSHAW AN OROINAI'CE APPROVING GRANT OF UTILITIES FASEMENT BY OODSON- TH~ INVF.S'n'IENTS TO CITY OF ENGL~ ON REAL PROPERTY LOCATED BETWEEN WEST WARREN AVENUE AND WEST BALT IC AVENU E IN SHERIDAN HEIGHTS, ENGLMJOD, ())LORADO . MAYOR PRO TEl'! BRADSHAW I'()VED TO PASS COUNCIL BILL NO. 19 , SERIES OF 1985 , ON FIRST READING. Council Member Vobejda seconded the rootion. Upon a c 11 of the roll , the vote resul ed as follows: Ayes: Council Members Higd y , 1 , Vobejda, Weist, Bradshaw, Otis . Nays: None. The Mayor declared the rootion carried. • • • • • • • Bilo , I • • • April 1, 1985 Page 6 ORDINAOCE 00. SERIES OF 198_5 __ BY AUTHORITY A BILL FOR • • - COUNCIL BILL NO. 22 INTRODUCED BY CX>UOCIL MD1BER VOBEJDA AN OROINAOCE APPROVING A CX>NTR/\CT BE'IWEEN 'mE SfATE HIGHWAY DEPAR'n1ENT AND THE CITY OF ENGLM>OO FOR m:LOSURE OF 'mE CITY DI'!Of AS PMT OF THE LITTLETON RAILROAD DEPRESSION PROJEX:T. OXJtCIL I'ID1BER IJ(EEJDA P«JVVD ro PASS COUNCIL BILL NO. 22, SERIES OF 1985 , ON FIRsr READING. Council MeTtler Silo seconded the mot i on. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Mentlers Higday , Neal , Vobejda , Wei st , S ilo , Bradshaw , Otis. None. The Mayor declared the motion carried • • • • • • • * BY AUTHORITY ORO I NAOCE NO. SERIES OF 1985.--- COUNCIL BILL NO . 23 INTRODUCED BY OXJtC I L MFM!ER HIG:>AY A BILL FOR APPROVING SUPPL&IENJ' NO.l05 ro SOUTHGATE SAN ITATION DISfRICT'S AGREEMEm' WI 'rn 'mE CITY OF ENGLM>OO ro IOCLUOE ADDITIONAL LAND WI'rniN 'rnEIR DISTRICT BOUNDARIES OF APPROXIMATELY 40.4 37 ACRES ro BE ZONED SINGLE-FAMILY AND I'«JLT I -FAMILY RESIDENI'IAL. OXJtCIL I'ID1BER HIG:>AY P«JVVD ro PASS COUNCIL BILL NO. 23 , SERIES OF 1985 , ON FIRsr READING. Council Member Vobejda seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Mentlers Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis . None. The Mayor declared the motion carried . * * • * • • • • • I • • • • • ,. • April 1, 1985 Page 7 BY Al1I'HORITY ORO! NAOCE 00. COUNCIL BILL NO. 24 Itli'RODUCID BY <X>I.JOCI L Mfl'BER BRADSHAW SERIES OF 1985 __ _ A BILL l'OR AN OROIIWCE APPROVING SUPPL91ENT 00. 10 'ro 'niE CX>NmX:TORS AGREE- MENT 8E'lWEEN 'llfE CITY OF ENGLDQ)[) AND GREDWXJO VILLAGE ~R GENERAL IHPROVD1ENT DISTRICT 00. 1 'ro IOCLUDE AN ADDITIONAL 1\CRE OF LAND WI'niiN 'niE DISTRICT BOmiDARIES. MAYOR PRO Tfl1 BRADSHAW ~ 'ro PASS COUNCIL BILL 00. 24, SERIES OF 1985, ON FIRSI' READING. Council Helmer Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the mo tion carried. * * * * • * • There was no City Manager's repor t . * * * * • • * There was no City At orney 's report. * * * * * * * Council Member Higday thanked Council for showing their generosity by presenting Father Kappes with the proclamation . • * * • • • * There being no further business, Council Member Higday moved to adjourn. Mayor Otis adjourned the meeting without a vote at 8:40 p.m. • I • - • • • .. - City of Englewood 3•00 S Elatl Slreel Enolewood . Colorado 80110 Phone (3 03) 761-11 •o WHEREAS, the City Coun ci l of the City of Englewood takes cognizance of the fact that CENTEN NIAL LUTHERAN CHURCH has served the community of Englewood for 25 years, and WHEREAS, the City Council recognizes the fact that CENTENNIAL LUTHERAN CHURCH has made a significant difference in Englewood through their congregation's support of Inter- Faith Task Force, Martin Luther Home, the Girl Scouts, Boy Scouts and countless local organizations, as well as their own preschool which wa s established in 19771 and WHEREAS, the Cit y Council wishes to extend their sincere appreciation and congratulations to the congregation and pastor of CENTEN NIAL LUTHERAN CHURCH on its twenty-fifth anniversary to be celebrated May 3 -5, 1985. NOW, THEREF ORE, I, BEVERLY J, BRADSHAW, Mayor Pro Tem of the City of Englewood, Colorado, on behalf of City Council, acknowledg and commend C ENTENNIAL LUTHERAN CHURCH and extend our best wishes for this celebration . GIVEN under my hand and official seal this 1 5th day of Ap ri l, 198 5 . -~~./,(}~~~~------~~em I • • - • • • • • • City of Englewood 3400 S Elatt SHeet Englewood . Colorado 801 10 Phone (303) 761 ·1 140 WHEREAS, the City Council of the City of Englew ood takes cognizance of the fact that CENTENNIAL LUTHERAN CHURCH has served the community of Englewood for 25 years; and WHEREAS, the City Council recognizes the fa ct that CENTENNIAL LUTHERAN CHURCH has made a significant difference in Englewood through their congregation's support of Inter- Faith Task Force, Martin Luther Home, the Girl Scouts, Boy Scouts and countless local organizations, as well as their own preschool which was established in 1977; and WHEREAS , the City Council wishes to extend their sincere appreciation and congratulations to the congregation and pastor of CENTENNIAL LUTHERAN CHURCH on its twenty-fifth anniversary to be celebrated May 3 -5, 1985 . NOW, THEREFORE, I, BEVERLY J . BRADSHAW, Mayor Pro Tem of the City of Englewood, Colorado, on behalf of City Council, acknowledg and commend CENTENNIAL LUTHERAN CHURCH and extend our beat wishes for this celebration . GIVEN under my hand and official seal this 15th day of April, 1985 • -----------------------Mayor Pro Tem I . • • • • WHEREAS, tre s are an important asset to the City of Englewood, providing shade , shelter, and reducing no is e levela1 and WHEREAS, trees enhance the beauty of the City with various forms, textures, and colors, and WHEREAS, the City of Englewood is implementing TreeScape, a community tree planting program in 19851 and WHEREAS, Arbor Day is becoming a community celebra- tion for all ages for the citizens of Englewood; and WHEREAS, the City of Englewood has again been designated a TREE CIT Y USA by the National Arbor Day Founda- tion! and WHEREAS, the State of Colorado has officially declared the third Friday in Apr il as Arbor Day . NOW, THEREFORE, I, Tem of the City of Englewoo , 1985, as BEVERLY J. BRADSHAW, Mayor Pro do hereby proclaim April 19, ARBOR DAY in the City of Eng le wood and encourage all citizens to partici- pate in this effor by plan inq a tree or shrub. GIVEN under my hand and offici al seal this 15th day of April, 1985. • .... I • • c c • • • • WHERE~s. trees are an important asset to the City of Englewood, providing shade, shelter, and reducing no i se levels; and WHERE~s. trees enhance the beauty of the City wi h various forms, textures, and colors; and WHERE~s. the City of Englewood is implement i ng TreeScape, a community tree planting program in 1985 1 and WHEREAS, ~rbor Day is becoming a community celebra- tion for all ages for the citizens of Englewood ; and WHERE~s. the City of Englewood has again been designated a TREE CITY USA by the National ~rbor Day Founda- tion; and WHERE~s. the State of Colorado has officially declared the third Friday in April as ~rbor Day. NOW, THEREFORE, I, Tem of the City of Englewood, 1985, as BEVERLY J, BRADSHAW, Mayor Pro do hereby proclaim April 19, ARBOR DAY in the City of Englewood and encourage all citizens to partici- pate in this effort by planting a tree or shrub. GIVEN under my hand and official seal this 15th day of April, 1985. ----------------------------------Mayor Pro Tem • I • • ( • • • .. ~b WHEREAS, Colorado has a long history of volunt e erism, dating back to our pioneers who came to Colorado to build new lives for themselves, and WHEREAS, from those days to the present, Coloradans have exhibited independence, creativity and innovation by working together to improve the quality of life in this State of Colorado, and WHEREAS, volunteers, working in partnership with government, business and industry, fulfill many needs and per- form numerous tasks that would otherwise remain incomplete 1 and WHEREAS, dedicated volunteers in state and community programs for the handicapped, and for the elderly and young, as well as those volunteers who serve on state and local boards and commissions, deserve to be recognized for their many hours of service1 NOW, THEREFORE, I, BEVERLY J. Tem of the City of Englewood, Colorado, April 22-28, 1985, aa BRADSHAW, Mayor Pro do hereby proclaim VOLUNTEER RECOGNITION WEEK in the City of Englewood, Colorado, and urge all citizens to join th Englewood City Council in thanking and re co gnizing the many volunteers tor donating a portion ot their time, talent and resources to the betterment of this c ommunity, GIVEN under my hand and official seal th i s 15th day of April, 1985. • I • • ' • • • .. WHEREAS, Colorado has a long history of volunteerism, dating back to our pioneers who came to Colorado to build new lives for themselves: and WHEREAS, from those days to the present, Coloradans have exhibited independence , creativity and innovation by working together to improve the quality of life in this State of Colorador and WHEREA S, volunteers, working in partnership with government, business and industry, fulfill many needs and per- form numerous tasks that would otherwise remain incornplete 1 and WHEREAS, dedicated volunteers in state and community programs for the handicapped, and for the elderly and young, as well as those volunteers who serve on state and local boards and commissions, deserve to be recognized for their many hours of servicer NOW, THEREFORE, I, BEVERLY J. Tem of the City of Englewood, Colorado, April 22-28, 1985, as BRADSHAW, Mayor Pro do hereby proclaim VOLUNTEER RECOGNITION WEEK in the City of Englewood, Colorado, and urge all citizens to join the Englewood City Council in thanking and recognizing the many volunteers for donating a portion of their time, talent and resources to the betterment of thia commun i ty. GIVEN under my hand and official aeal this 15th day of April, 1985. -------------------------------Mayor Pro Tem • I • • • • - WHEREAS, throughout our 208 years of freedom, the people of the United States have drawn upon the lessons learned at the dawn of our liberty, by expressing gratitude for the many blessings God has showered upon UBI and WHEREAS, during the Revolutionary War, the Continental Congress proclaimed a National Day of Prayer aach year for eight years, a practice that ended with the winning of the peace in 1793 and reenacted de cades later by Abraham Lincoln, and WHEREAS, our very existence as a free Nation has provided potent witness to the efficacy of prayer, WHEREAS, today our Nation is at peace and is enjoying prosperity, but our need for prayer is even greater, and WHEREAS, by joint resolution of the Congress approved in 1952, the recognition of a particular day set aside each year as a National Day of Prayer has become a national tradition . NOW, THEREfORE, 1, BEVERLY J . BRADSHAW, Mayor Pro Tem of the City of Englewood, do hereby proclaim May 2, 1985, as NATIONAL DAY OF PRAYER in the City of Englewood, Colorado, and I call upon the citizens of this community to gather together on that day in homes and places of worship to pray, each after his own manner, for unity o! the hearts of all mankind. GIVEN under my hand and seal thP 15th day o! April, 1985. • I • • • • • • - WHERE~s. throughout our 208 years of freedom, the people of the United States have dravn upon the lessons learned at the dawn of our liberty, by expressing gratltude for the many blessings God has ahovered upon us; and WHER!~S. during the Revolutionary War, the Continental Congress proclaimed a National Day of Prayer each year for eight years, a practice that ended vith the winning of the peace in 1793 and reenacted decades later by ~braham Linc o ln; and WHERE~s. our very existence as a free Nation has provided potent witness to the efficacy of prayer, WHERE~s. today our Nation is at peace and is enjoying prosperity, but our need for prayer is even greater; and WHEREAS, by joint resolution of the Congress approved in 1952, the recognition of a particular day set aside each year as a National Day of Prayer has become a national tradition. NOW, THEREFORE, I, BEVERLY J. BRADSHAW, Mayor Pro Tem of the City of Englewood, do hereby proclaim Hay 2, 1985, as N~TION~L DAY OF PR~YER in the City of Englewood, Colorado, and I eall upon the citizens of this community to gather together on that day in homes and places of worship to pray, each after his own manner, for unity of th hearts of all mankind. GIVEN under my hand and seal thP 15th day of April, 1985. -------------------------------Mayor Pro Tem • I • - 0 • • • ,. • ~d.. ~ ~ Q £ !:! ~ ~ ~ ! ! Q !! ~~ WHEREAS, America's strength lies in the ingenuity and perseverance of its people, qualities exemplified by small business owners, who contribute daily to our economic well-being, and WHEREAS, this enterprising determination to work and to prosper is embodied in more than 14 million small businesses, which provide economic opportunities unsurpassed by any nation in the world, end WHEREAS, our sustained economic expansion encourages young Americans to form their own businesses, and WHEREAS, we all benefit from the contributions of small businesses and those who create them. NOW, THEREFORE, ot the City ot Englewood, week of May 5 through 11, I, BEVERLY J. BRADSHAW, Mayor ProTem Colorado, do hereby proclaim the 1985, aa SMALL BUSINESS WEEK in the City ot Englewood, Colorado, and urge all citizens to join the City Council in saluting our smell business men and women by observing that week with appropriate activities. GIVEN under my hand and official seal this 15th day of April, 1985. -/?. ~-fl-: 4~~{~-~~ • I • • • • • • ~&_ ~ ~ Q £ !! ~ !! ~ ! !. Q N (~ WHEREAS, America's strength lies in the ingenuity and perseverance of its people, qualities exemplified by small business owners, who contribute daily to our economi c well-being, and WHEREAS, this enterprising determination to wo rk and to prosper is embodied in more than 14 million small bus i nesses, which provide economic opportunities unsurpassed by any nation in the world, and WHEREAS, our sustained economic expansion encourages young Americans to form their own businesses, and WHEREAS, we all benefit from the contributions of small businesses and those who create them. NOW, THEREFORE, of the City of Englewood, week of May 5 through 11, I, BEVERLY J. BRADSHAW, Mayor ProTem Colorado, do hereby proclaim the 1985, as SMALL BUSINESS WEEK in the City of Englewood, Colorado, and urge all citizens to join the City Council in saluting our small business men and women by observing that week with appropriate activities. GIVEN under my hand and official seal this 15th day of April, 1985. --------------------------------Mayor Pro Tem • I • • • • • ,. • BOARD OF CAREER SERVICE COMMISSIONERS January 24, 1985 MINUTES PRESENT: Tom Fitzpatrick, Catherine Pokraka, Betty Keena, Janet Kerzic, Donald Weber OTHERS PRESENT: Benjamin Craig, Career Service Board Attorney Chairman Weber called the meeting to order. Commissioner Fitzpatrick moved, seconded by Commissioner Kerzic to approve the minutes of the November 15, 1984 regular meeting. AYES: NAYS a Pokraka, Kerzic, Fitzpatrick, Weber, Keena None Commissioners reviewed the Petition for Certification Police Civilian Employees. Commissioner Kerzic moved to set a hearing date. Commissioner Fitzpatrick seconded. It was discussed that the deadline for hearing this petition was unable to be meet. All agreed that a waiver to hear should be requested and a February 7, 1985, 7:00p.m., Community Room hearing date was set, upon approval from the EEA ' EPBA. AYES: NAYS: Pokraka, Kerzic, Fitzpatrick, Weber, Keena None The next item on the agenda was the Lloyd Cox hearing. A continuance was agreed upon and the hearing was rescheduled for February 12, 1985, 6:30 p.m. in Council Chambers. There being no other business, Chairman Weber accepted a motion for adjournment. • Beverly R. Bjugan, Recording Secretary I • ( PRESENT: ABSENT: • • .. BOARD OF CAREER SERVICE COMMISSIONERS February 7, 1985 SPECIAL HEARING Betty Keena, Janet Kerzic, Catherine Pokraka Don Weber Thomas Fitzpatrick OTHERS PRESENT: Mel BeVirt, Employee Relations Director Bruce Davies, Crime Lab Specialist Robert Muniz, EEA Chairman Weber called the meeting to order. Chairman Weber stated that the meeting was to discuss the Petition with regard to Certification of the Englewood Police Benefit Association as the appropriate Employee Bargaining Unit for Civilian Employees of the Englewood Police Department. After receiving testimony from Bruce Davies, Representative for the Group, Mel BeVirt, Employee Relations Director, Robert Mun iz , Englewood Employees Association Representative, the Board adjourned to conside r their determination. In the matter of the Petition, the Board of Career Service Commissioners rendered the following determination: Commissioner Keena moved and Commissioner Kerzic seconded that the Board deny the Petition for Clarification or Amendment to the Police Officer's Bargaining Unit for the reason that the requested amendment would not insure the affected employees the fullest freedom and the exercise of rights granted under City ordinan ces and the City charter, and is not consistent with the concept of appropriate employee representation to units because, if the Board were to approve the reque st , it would have the effect of preventing any organization from representing such a unit, and, therefore, would have the effect of depriving the employees in that unit of anx organizational representation. This result is due to the prohibition against certification of organizations which admit to membership employees other than police officers from representing police officers as contained in Article XV, Section 137:2, Subsection 0 of the City Charter. AYES: NAYS: Keena, Kerzic, Pokraka, Weber None I • • - • SPECIAL HEARIN G February 7, 1985 C£1-11-M d h1 . tJ.eL Donald Weber, Chairman Janet Kerzic, Commissioner • • - Betty Keena, Comm~ss~oner Catherine Pokraka, Comm i ssioner Beverly R. Bjugan, Recording Secretary • I • • ( PRESENTs ABSENT: OTHERS: • • . . • BOARD OF CAREER SERVICE COMMISSIONERS February 12, 1985 SPECIAL HEARING Janet Kerzic, Cathy Pokraka, Don Weber Betty Keena, Tom Fitzpatrick Ben Craig, Career Service Board Attorney Jack Olson, City Attorney Lloyd Cox John Criswell, Attorney Chairman Weber called the meeting to order. A roll call was taken and Chairman Weber declared a quorum present. After several hours of testimony, Chairman Weber called for a continuance on February 21, 1985, in the Community Room, 3400 S. Elati Street, Englewood, Colorado. Commissioner Pokraka moved to adjourn and Commissioner Kerzic seconded. Cfr~ 'h [ J!~ Don Weber, Cha1rman Beverly R. B)ugan, Recording Sec. I • • ( PRESENT: ABSENT: OTHERS: • • .. BOARD OF CAREER SERVICE COMMISSIONERS February 21, 1985 SPECIAL HEARING Janet Kerzic, Betty Keena, Cathy Pokraka, Don Weber Tom Fitzpatrick Ben Craig, Career Service Board Attorney Jack Olsen, City Attorney John Criswell, Attorney Lloyd Cox Gary Ito Richard Petau Chairman Weber called the meeting to order. A roll call was taken and a quorum was declared. The first order of business was to review an appeal filed by Gary Ito, regarding his suspension. After reviewing the appeal and disciplinary action, a hearing date was set for March 19, 1985 at 6:30 p.m. All parties were requested to be present. The next order of business was to review an appeal filed by Richard Petau, regarding disciplinary action resultinq in a loss of pay. After reviewing the appeal and action taken, a hearing date was set for March 19, 1985 at 8:00 p.m. All parties were requested to be present. The final order of business was the continuance of the Lloyd Cox hearing. After several hours of testimony, the Bo rd called for a continuance on Monday, February 25, 1985 at 6:30p.m., and February 27, 1985 at 6:30p.m. Commissioner Weber moved to adjourn the meeting. Don Weber, Chairman Beverly R. Bjugan, Recording Sec. I • • - ( ( • PRESENT: ABSENTr OTHERS: • • • BOARD OF CAREER SERVICE COMMISSIONERS February 25, 1985 SPECIAL HEARING Janet Kerzic, Betty Keena, Tom Fitzpatrick Don Weber Cathy Pokraka Ben Craig, Attorney for Career Service Board Jack Olsen, City Attorney John Criswell, Attorney Lloyd Cox Chairman Weber called the meeting to order. A roll call was taken and a quorum was declared. After several hours of testimony, Chatrman Weber called for a continuance on Wednesday, February 27, 1985 at 6:30p.m. Commissioner Keena moved to adjourn and Commissioner Fitzpatrick seconded. Meeting was adjourned. • Beverly R. Bjugan, Recording Secretary I • - ( • PRESENT: ABSENT: OTHERS: • • - BOARD OF CAREER SERVICE COMMISSIONERS February 27, 1985 SPECIAL HEARING Janet Kerzic, Betty Keena, Cathy Pokraka, Tom Fitzpatrick, Don Weber None Ben Craig, Attorney for Career Service Board Jack Olsen, City Attorney John Criswell, Attorney Lloyd Cox Chairman Weber called the meeting to order. A roll call was taken and a quorum was declared. After several hours of testimony, Chairman Weber called for a continuance on March 13, 1985 at 5:00 p.m. Attorney's were asked to be prepared with closing comments. Commissioner Fitzpatrick moved to adjourn, Commissioner Pokraka seconded. Meeting was adjourned. CJ);;;. er/ h-1 tJ "k-=--- Don Weber, Chairman Beverly R. Bjugan, Recording . Secretary • I • • - ( ( • PRESENT: ABSENT: OTHERS: • • • BOARD OF CAREER SERVICE COMMISSIONERS March 13, 1985 SPECIAL HEARING Janet Kerzic, Betty Keena, Cathy Pokraka, Tom Fitzpatrick, Don Weber None Ben Craig, Attorney for Career Service Board Jack Olsen, City Attorney John Criswell, Attorney Lloyd Cox Chairman Weber called the meeting to order. A roll call was taken and a quorum was declared. After several hours of testimony, Chairman Weber called for a continuance on March 14, 1985 at 5:00 p.m. Attorney's .agreed closing comments would be made at that time. Commissioner Pokraka moved to adjourn, Commissioner Keena seconded. Meeting was adjourned. Beverly R. Bjugan, Recording Secretary I • • PRESENT: ABSENT: OTHERS: • • ,. - BOARD OF CAREER SERVICE COMMISSIONERS March 14, 1985 SPECIAL HEARING Janet Kerzic, Betty Keena, Cathy Pokraka, Tom Fitzpatrick, Don Weber None Ben Craig, Attorney for Career Service Board Jack Olsen, City Attorney John Criswell, Attorney Lloyd Cox Chairman Weber called the meeting to order. A roll call was taken and a quorum was declared. Jack Olsen, City Attorney, finished his cross-examination of Lloyd Cox. After Attorney Criswell re-examed, the Board adjourned to consider their determination. In the best interests of all parties concerned, it was announced that the Board would reconvene on Friday, March 15, 1985, at 11:30 a .m., at which time the "Findings of Fact", "Conclusion", and vote would take place. ClJn-.k/ta, c..L/~ Don Weber, Ch~n Beverly R. Bjugan, Recording Secretary • I . • PRESENT: ABSENT: OTHERS: • • - BOARD OF CAREER SERVICE COMMISSIONERS March 15, 1985 SPECIAL HEARING Janet Kerzic, Betty Keena, Cathy Pokraka Tom Fitzpatrick Don Weber Ben Craig, Attorney for Career Service Board Jack Olsen , City Attorney Nancy Reid, Ae aiatant City Attorney Lloyd Cox Other interested parties The Board would like this record to reflect that all members who were absent from any of the Lloyd G. Cox hearings up to this point, reviewed all testimony and evidence of the missed hearings. In the matter of the Disciplinary Appeal of Lloyd G. Cox, the Board of Career Service Commissioners rendered the following determination: Commissioner Fitzpatrick moved and Commissioner Keena seconded that the Board finds that the extensive trainin~~rovided to Cox in the Incident Command System was not applied o~)rubstantially ignored. The Board is also very concerned that then Battalion Chief Cox neglected his duties by failing to have his shift licensed for Emergency Medical Service, as scheduled, although reminded of this responsibility by another department officer. Therefore, the Board concludes that cause exists for the action taken by the City Manager on recommendation of the Fire Chief, demoting Lloyd G. Cox from the grade of Battalion Chief to the rank of Lieutenant in the Englewood Fire Department and that action is hereby affirmed. The Vice Chairman and the Board adopted the Findings dated March 15, 1985 by the following vote: AYES: Kerzic, Keena, Pokraka, Fitzpatrick NAYS: None Commissioner Keena moved to adjourn, Commissioner Kerzic seconded. Meeting was adjourned. ~LL rn 0_/£-._ Don Weber, Chairman Betty Keena Cu-e/~ @A1-<&A: .ttL< Cathy kra a Beverly R. B)ugan, Recording Secretary • I • • ' • PRESENT: ABSENT: OTHERS: • • .. - BOARD OF CAREER SERVICE COMMISSIONERS March 19, 1985 SPECIAL HEARING JoEllen Turner, Cathy Pokraka, Tom Fitzpatrick, Don Weber None Ben Craig, Attorney for Career Service Board Jack Olsen, City Attorney Stanley Matsumaka, Attorney Gary Ito Peter Juenemann, EEA/AFSCMEA President Dave Mason, WWTP Superintendent Bill Owen, WWTP Director Peter Vargas, Asst. City Manager Chairman Weber called the meeting to order. A roll call was taken and a quorum was declared. Chairman Weber stated that the meeting was to hear the Gary Ito case. After receiving testimony from all related parties, the Board adjourned to consider their determination. It was announced that the Board would reconvene on Thursday, March 21, 1985 at 6:30 p.m. in the Council Chambers, at which time the "Findings of Fact", "Conclusion", and vote would take place. • Beverly R. Bjugan Recording Secretary I • • PRESENT: ABSENT: OTHERS: • • - BOARD OF CAREER SERVICE COMMISSIONERS March 21, 1985 REGULAR MEETING ' SPECIAL HEARING JoEllen Turner, Cathy Pokraka, Tom Fitzpatrick Don Weber None Ben Craig, Attorney for Career Service Board Peter Vargas, Assistant City Manager Nancy Reid, Assistant City Attorney Gary Ito Chairman Weber called the meeting to order. A roll call was taken and a quorum was declared. Commissioner Pokraka moved and Fitzpatrick seconded to review the minutes of previous meetings: January 23, 1985: Let the record reflect, these minutes were unable to be approved because those present at the meeting are not present this evening. January 25, 1985: Let the record reflect the correct date of this meeting as January 24, 1985. These minutes were unable to be accepted because those present at the meeting are not present this evening. February 7, 1985: Let the record reflect these minutes can not be accepted due to lack of quorum from that meeting. February 12, 1985: Let the record reflect these minutes can not be accepted due to lack of quorum from that meeting. February 21, 1985: Let the record reflect these minutes can not be accepted due to lack of quorum from that meeting. February 25, 1985: Let the record reflect these minutes can not be accepted due to lack of quorum from that meeting. February 27, 1985: Commissioner Fitzpatrick moved and Commissioner Pokraka seconded to approve the minutes. Unanimous. March 13, 1985: Commissioner Fitzpatrick moved and Commissioner Pokraka seconded to approve the minutes. Unanimous. March 14, 1985: Commissioner Fitzpatrick moved and Commissioner Pokraka seconded to approve the minutes. Unanimous. I • • • I • March 21, 1985 Page 2 • .. Mdrch 14, 1985: Special Hearing on Lloyd G. Cox Disciplinary Ap pe al. Let the record reflect a change in date to March 15, 1985> and addition of Paragraph 11 to read, "Career Service Board Commissioners absent from any of the Cox hearings, reviewed testimony and evidence of the missed hearings." Let the record reflect an addition of last paragraph to read , "The Vice Chairman and the Board adopted the Findings dated March 15, 1985, by the following vote:" Commissioner Pokraka moved that since the above minutes could not be approved without those represented, a meeting be set and former Commissioners Keena and Kerzic be invited to attend. April 4, 1985 was set. F~tzpatrick moved and Pokraka seconded that the Agenda for th i s evening be revised and include the "Ito decision". Noone opposed. In the matter of the Disciplinary Appeal of Gary Ito, the Board of Career Service Commissioners rendered the following determination: Commissioner Fitzpatrick moved and Commissioner Pokraka seconded that the Board affirms the one day suspension of pay imposed on Mr. Ito, including a program of rehabilitation, and directs that the program of rehab~litation outlined in the letter of January 29, 1985, be rewritten to impose specific performance objectives and more objective standards by which to measure improvement. The next item of business was the March 19, 1985 minutes. Commissioner F itzpa trick moved and Commissioner Pokraka seconded to accept the minutes as written. Unanimous acceptance. The fourth item of business before the Career Service Board of Commission- ers was Associ a t ion's Choice. John Smaldone was present and asked the Board to consider themselves informed that several Drivers at the Wastewater Treatment Plant were working 55-60 hours per week without overt~me. Peter Vargas, Assistant City Mana ger w s present and informed the Board that the Drivers were contract employees and not regular employees. Chairman Weber informed Mr. Smaldone that if these Drivers wished some action, they must file a grievance under Contract. Item fi ve on the agenda was further business from Association's. Let the record reflect no other persons were present from eith r Associations. Item six on th e agenda was City Manager's Choice. Let the record reflect that Peter Vargas, Assistant City Manager was present. Item seven on the agenda wa s Comm issioner's Choice. Commissioner Fitzpatrick mov ed and Comm issioner Pokraka seconded to approve the budget as submitted. Unanimous acceptance . • a • • ( • March 21, 1985 Page 3 • • - Next item of business was approval of bills. The following bills were unanimously approved: Kathleeen Kruger ' Associates -Leydon hearing Cockrell and Associates -Legal services rendered -$1,674.60 There being no further business Pokraka moved to adjourn. D~~rhtJLL nAdH:eber Chairman Commissioner Beverly R. B)ugan Recording Secretary or visitors, Commissioner • (?,z-~_,·, ....... "m G:i:c .... -~:A-"L,. Catherine M. Pokraka Vice Chairman JoEllen Turner _90mmissioner I • • ( • l . CALL TO ORDER. • • - URBAN RENEWAL AUTHORITY March 6, 1985 The r gular meeting of the Englewood Urban Renewal Authority was c all d to ord r at ~:45 P . M. by Chai rman Robert Voth. Members pres nt: Voth, Cole , Minnlck , N a], Novicky, Totton, VanDyke Mcintyre , Non -v o ting Alternate Power s , Executive S creta r y Members abse n t: No ne Also present: Assistan t Director Wm . Richard Hinson City Manag e r McCown Mayor Eugene L. Otis Councilman Joe Bilo RA Legal Counsel Paul B n d tti Public Relations Specialist Dalquist 11. APPROVAL F MI NUTES . February 6 , 1985 February 20, 1985 Chairman Voth stated that the Minutes of Feb ru ary 6 , 1985 and Feb ruary 20, 1985, w r e to be consid r ed for approval. Totton mov d: Novicky econded: The Mi nut es of Februa r y 6 and Februa ry 20, 1985 b app r oved as written . AYES: Cole, 1i nni ck, Neal , Novlcky, Totton , VanDyke , Vn th NAYS: No n ABSENT: N ne ABSTAIN: Nom' The motion arrled. Ms. Pow rs s tated that guests from M llon Financial Services are on their way, but sugg s ted that the Authority p r oceed with the agenda until the arrival of the guests. Ill. RELOCATION CLAIMS . A. Transportation Consultants. Mr. Hinson presented a relocation claim from Transportation Consultants ; this would be their final laim. The request covers cos ts for adve rti si ng, r printing obsolete material , and cartage. Payment for cartage was made previ ously, and will be disallowed on this claim. Staff recommends that payment of $426.00 be made to Transportation Co n sultan ts . • I • • , ( • • - -)- R newal Authority and Brady Corporation. Ms. Powers di scuss e d the pro- c dur s follow d during the purchas of this property by Brady and by the URA, and the subsequent agreement whi ch was signed betw en Brady Corporation and th URA. Minni k moved: The Urban R n wal Authority authorize staf f o further negotiate with Brady Corporation on the Fiedelman prop rt y . Ther was no second to Mr. Minnick's motion . Mr. Hinson r eviewed the bids which had been op ned on Monday, March 4, 1985 for demoU tion work o n South A oma Street. The low-bidder was Wayn Gam z D molition a nd Excavating, Tn c . Mr. Gom z has estima ed that h will hav the buildings demolished and th e si t cl ared within 30 to 45 days. Mr. !Iinson stated that he has check d refer nc s o n Mr. Gomez , and has rec lved v ry good co mment s r arding his work. Staff recomm nds that Wayne Gomez Demolition and Excavating, In . be award d th ontract t o d mu lish stru tur s in the 1 00 blo k of South Acoma Stre t, bas d on his low bid of $98,000. Neal moved: Novicky second d: Th Urban Ren wal Auth o rity award the contra c t to demolish the )400 block of South Ac o1ma Street to Wayn Go mez D molition nd Ex avating, lnc., said ontract to b in th amount o f $ 8,000. The staff is r qu sted to ask hat Mr. Gomez <plit out the amount that demo] it ion o prop rtie.; at 3405 South Broadway and 50 W s Girard Avenue auld co t, p nding furth r consld ration bv th Authority. AYES: Totton , VanDyk , Voth , Cole , Minni ck , NAYS: Non al , 'ovlcky ABSE T: one ABSTAIN: Non The m tion arried. Discussion nsued. Mr. Minnick withdrew his m tion rna le previously. Mr. Hinson disc us sed a mem randum from Ms . Ragland, Cl •ll Engin r, r- garding camp tion testing aft r demoliti on I omplet ·d on 3405 South Broadway and 50 W st Girard Av nue. Th e wo propert •es have bas m nts, which need to be fllled and compa ct d following th d mo lition b cause th right-of-way for Englewood Parkway will use part of the property. Ms. Ragland is r commending that CTL Thomps n be hired to test sampl es of th propos d backfill material, and do p rlodl c observations and compaction tests to assur g ad bas for c struction of the Parkway. Ms. Ragland is r omm nding amendment of th exi ting contract with CTL Thompson to incr as their fee by $1,000 to cov r the estimated cost of th e t sts and observations. Mr. Minnick sta ted that he did not f 1 th s uffi ci nt, and that th $1 ,000 f e will n ensu d. Minnick mov d: time fram of five days is d to be lncreas d. Discussion Novicky s cond d: Th Urban Ren wal Authority pprove am ndm nt of the I • • • • Minnick moved: Cole se and d: AYES: Mtnnick, NAYS: None ABSENT: None ABSTAIN: None • • - -2- The Urban Ren wal Authority approve payment of $426 t o Transportation Consultants of Colorado, Inc., as final relocation payment. Neal, Novicky, Totton, VanDyke, Voth, Cole The motion carrt d. B. Colorado 's Finest Meats. Mr. Hinson pres nted a relocation claim filed by Mr . Julian Valles of Colorado's Ftnest Meats. This claim is for cost of reprinting obsol te materials, telephon r installation, obsolete equipment, and freight charges to cover shipping cost for equipment replacement. Freighting charges ar not compensable, and will not be relmburs d o Mr. Valles. Staff re ommends paym nt of $1,314 for reprinting of th obsolet materials, teleph n reinstallation, and replacem nt of an obsolet corned be f pump; th s i terns will be paid for when bills are presented to staff. Mr. Nevi ky questioned paym nt on storage for Mr. Vall s ' obsolete equip- ment; he ask d how long these items had been ston•d. Mr. Hinson stated that the company did not move until December , so Lh re is s till some time due for s t o rage of the quipment. Further dis c us sio n ensu d. Minni ck moved: Totton s cond d: The Urban Renewal Authority approv payment of $1,314 to Colorado's Finest Meats for reprinting of obsolete materials , telephone reinstallation, and r placement of an obsolete corned b f pump; payment to be made upon receipt of bills by the staff. AYES: Neal, Novi c ky, Totton, VanDyke, Voth, Col , Minni c k NAYS: Non ABSENT: None ABSTAIN: on The motion carried. The relocation status report was reviewed. Mr. Hinson report d that Super Yarn Mart is preparing further cl ims to be filed for consideration by the Authority; they have determined not to appeal th denial of air fare, car rental, etc., at this time. IV. DEMOLITION AGREEMENT. South Acoma Street Demolition Ms. Powers discussed the former Fiedelman property at 3405 South Broadway and 50 West Girard Avenue; this prop rty is now jointly owned by the Urban I • • • • • -3- Ren wal Authority and Brady Corporation . Ms . Pow e rs di scussed the p r o- cedur es follow d during the purchase of this property by Brady a nd by the URA , and the subsequ nt agreement whi ch was signed between Brad y Corporation and the URA. Minni c k moved: The Ur ban Renewal Authority authorize staff to further n gotiate with Brady Corporation on the Fied lman prop rt y . Th r was no second to Mr. Minni c k 's motion. Mr . Hinson r eviewed th bids whl c h had b n opened on Monday, Mar ch 4, 1985 for demoll tion work on So uth Acoma Str et . Th e low-bidder was Wayne Com z 0 moJitlon and Excavating , In c . Mr. Com z has stimated that h will hnv th buildings demolished and the site cleared within 30 to 45 days. Mr. !Iinson stated that h has check d r ferences on Mr . Com z, and has re lved v ry good comm nts regarding his wo rk. Staff recommends that Wa yn Gomez DernoH tion and Excavating , Inc. b awarded th co ntra c t to d mollsh s tru ture s in the 3400 blo k o f South A oma Str t, based on hi;; low bid of $98,000 . Neal mov d: Novicky second d: The Urba n Renewal Authority award th ontra ct to demolish the 3400 block of So uth Ac rna Street to Wayn Gomez Demolition and Excavating, Inc., said c ontract to b in the amount of $98,000. The staff is r equ sted to ask that Mr. Gomez •plit out th amount that demolition of prop rtie ~ at 405 South Broadway and 50 West Girard Avenue would cos t, pending furth r consideration by th Authority . AYES: Totton , VanDyk , Voth , Cole, Minnick, AYS: Non al, Nov lcky ABSENT: one ABSTAIN: Non The motion carr i ed. Discussi n nsued. Mr. Hinnick withdrew hi motion rna le previously . Mr. Hinson dis c ussed a memor a ndum from Ms . Ragland, Cl 111 Engineer, re- garding compaction tes ting of er demoliti on is mplet •d on 3405 South Broadway and )0 W st Gira rd Av nue. These tw o propert es have basem nts, which n d to be filled and compact d following the demolition because the right-of-way f r Engl wood Parkwa wlll use p rt o the property. Ms. Ragland is recommending that CTL Thompson b hired to test sampl es of the proposed backfill material, and do periodic observations and c~mpactlon tests to assure good base for construction of the Parkway. Ms. Ragland is re omm nding am ndm nt of th existing contract with CTL Thompson to increas their fee by $1,000 to cover the estimated cost of th e t sts nnd observations . lr. MJnnick stat d that he did not feel th time fram of five days is s uffici nt, nnd that the $1,000 fee will n ed to be Lncrea s d. Discussion ens ued. Minnick moved: Novicky s conded: The Urban Ren wal Authority approve am ndm nt of th • • I • • • • • -4- c ontra c t with CTL Thomp son t o include t es ting of back- fill material and o bs rva ti o n/compa c tion t sts for sites at 3405 So uth Broadway and SO West Gira r d Avenue; th fee amo unt of the co ntra c t to be increased by $1 ,000 t o a t o tal o f $14,000; th e Urban Renewal Authority also r comm nd s hat an additional $1 ,000 contin ncy b ap- proved for th cos t o f the tes ting/comp action work . AYES: VanDyke , Voth , Co l e , Minni c k , Neal, Nov l c ky, To tton NAYS : None ABSENT: No ne ABSTAIN: None Th moti on ca rrie d. V. AGREEMENT FOR DISPOSITTON AND DEVELOPME T . Ms . Power s introdu, ed Mr. Ua n Foste r of M llon Finan c ial Servic s . Novicky moved: Tot ton s co nd cd : The Urban Renewal Auth orit y go into Executive Sess i on. AYES: Voth , 'ole, Min nick , Neal, Novi ky , Totton, VanDyke NAY : Non e ABSENT: None ABSTAI : Nont• Th e mo ti o n arrted. * * * * * ~!lnnl ck mo ved: Novicky s cond d: The Urb .:r n Re newal Authority c ome ou t of Executive Session . AYES: Co l , 'fin nick, Neal , Novicky, Totton, Va nD yke , Voth NAYS: None ABSENT: Non e ABSTAIN: Non c> Them tion c arr! d. ~Is . Powers di!> uss d the ne ed of th e form r Fiedelman property for the Engl wo od Parkway, whi ch will be put out to bid in April or early Ma y . Discussion ens ued . Mr. Voth suggested that Mr. Brady be given one w ek to d t rmin how h want d t o hand! the d e m lition of the buildings , and at the nd of that week the Authority will give notice to Brady as p r the con ra c t signed on September 4 , 1984. Ex c ut1ve Dire tor Power s e xcus d herself from the m eti ng at 7:45 P . M. V l. LEGAL COU SEL CONT RACT . Ma rlin D. Opperman Opp rman & Associates Mr. Hinson s tat e d that Mr. Oppe rman h s r qu sted a n inc r ase in his rates • I • • • • • • • • - -5- Lo $125/hour . This is t he r ate charged his oth r c lient s , and asking that the Urba n Renewal Authority approve this inc rease . s taff does suggest that this co nt ract be for a two-year period at th $125/hour rat . h is Th of time Mr. Voth asked the rate of pay for Mr. Opperman 's associate . Mr. Hin son stated that th increase on t he a s socia te's time is to $95/hou r. VanDyk mov d: Cole seconded: The Urba n Renewal Auth o rity a pprove th e increase i n hourly rates for Marlin Opperman, Op perman & Asso ci at s , to $125/hou r for Mr. Opperman, a nd to $9 5/hou r for h i s associate ; the term of the contra c t is to be for a tw o- yea r period at the above c ited rates. AYES: Minnick , Neal , ovicky, Tott on, VanDyke, Voth, Cole NA YS: No ne ABSENT: None ABSTAIN: Non The motion ca rr ied . V[l. NEGOTIATOR SERVICES . Mr. Hinson r e v iew d co rres pondenc f r o m Mr. Scott McDow el l a nd Ms . Powers . Mr. McDowell i s r l ocating to Santa Fe , New Mexi co in mid-Mar c h, but would lik e to continu acting as negotiato r fo r the Urba n Renewal Authorit y . Mr. Hinson indi ated on map s the areas th Urban Renewal Authority may yet end up pur hasing, and where Mr. McDowell 's assistan ce may be ne d d. Ms. Pow r s ' corres pond n c to Mr . McD w 11 does mak e it clea r that th Auth o rit wi ll not reimburse th e cost of his travel t o a nd from Santa Fe or for hi s housi ng accommodations whil in t own. Local a utomobile mileage is an a pprov ed e xp e nse under Mr. McDow ll 's pr ese nt contrac t. Staff d oes recommend that this a rrangement be tried o n a t r ial basis . Mr. N a l stated tha t if the Authority gets into consi derable c ond e mn a tion proc edings again, he fel t the Authority s hould further consi der this arrangement, questioning that Mr. McDo well wo ul d be able to handle it on a commuter-basis. Mr. Novicky suggested that the s taff begin n gotiotlons with other land negotiato r s in the ev nt this proposal with Mr. McDow 11 does not work out . Mr. Voth questioned that Mr. McDowell "would be here when he is need d", but with the amou nt of p r operty that is left t o acquire , he question d that it is r eally worth while to hir nother negotiator. Discussion ns ued . Mr. Novtcky r iterat ed h felt t h staff should solici t r sumes ' from other negotiators. Novicky movE>d: Minnick s cond d: The Ur ban Renewal Author ity approve the r e tention of Scott McDowell as URA nE>gotiator following his move to Santa Fe, N.M., on a trial basis . AYES: Neal, Novi cky , Totton, VanDy k e , Voth, Cole , Minnick NAYS: None ABSENT: Non ABSTAlN: None • I • • • • - -6- The motion ca rried. VIII. FINANCIAL REPORT. Mr . !Iinson reviewed the financial repor t for February, 1985. Also in- clud d for the information of the Authority is a report from Central Bank. lX. CONSTRUCTION REPORT. Mr. Hinson stated that the Construction Report from Hs. Ragland is included in the packet; Ms. Ragland's memo addresses the incide nt with th e PubHc Service hot-wire which was previously mentioned to tlte Authority. X. MISCELLANEOUS. Mr. Hinson stated that the URA appraiser has indicated that he will have the appraisal on the King Soopers sit to the staff t h e latter part of this w e k, or ty Monday. The Midl<Jnd Federal Savings property on South Cherokee Stre t was dis- c ussed. Mr. Hinson stated that this property will be vacated sometime in April . Ther being no further business to c ome before the Authority, the meeting adjourned at 8:00 P . M. • I • • • ' • 1. CALL TO ORDER. • • • URBAN RENEWAL AUTH ORITY March 13 , 1985 Th s pecia l me ti ng of the Engl wood Urban Re newal Authority was called to o rd e r at 5 :30 P. M. by Cha irm an Robert Voth. M mbe r s pres nt: Novt c k y , Totton, Voth, Cole , Neal Mc inty r e , Nonvoting alte rnate Powers , Executive Dire c tor Members abse nt: VanDyk , Minni c k Also present: URi\ Legal Counsel Paul C. B nedetti Assistant Dire tor Wm. Ri c h a r d !I inson Mayor Eug ne L. Otis City tanage r McCown Ass i s tant Ci t y Manager Varga s Councilm mb e rs Bilo and lligday S teve Bell, Ha n ifen-Imh off Pub l i Relati o n s Spec ialist D. Dalquist Robert J . Joy ce , r ep r ese nting Brady Co rp o r ation I l. AGREEMENT FO R DISPOS [T[QN AND REDEVELOPMENT. Ms. Pow r s introduc d Mr. Robert Joyce of Brady Co rp o ration. Mr. Joyc hand delivered a l e tte r to Hs . Pow rs in r espon se t o a 1 tter to Brady dated March 8, 1985 . Ms. Po we r s r e viewed a tele ph o ne conversation she had just con c luded with a r pres ntativ from Brad 's 1 nder. li e is in n closi ng at his pla e of business , and anna t attend the meeti ng this evening aR he had planned. Ms . Powers s tated th a t h i ndi cat d to he r on the phon that his insti- tution 1 s "comfonabl "with th e figures work d on within the last we k on the Brady r ed velopme n t proje t , a nd they a re committ ing to work with Brady to pur sue jo int ventur e flnan ing on the proj c . A letter to this effect will be delivered to the Urban Renewal Office in the morning. Rcprescntativ s f his Institution p !Jn to go t o New York within the ne xt two we k s to further dis c us~ the prolcct with a propos d equitv partner , a nd esllmatl' that within 60 davR th v will havl' a resolution on the equitv partner. Ms. P wers asked Mr . Joy e t o revl w the letter from him , which he had deliver d at the beginning of the me ting. Mr. Joyc address d points within the letter, such as the park ing for th hot el ; he suggested that the pa rk ing in th e 3400 blo k of South Acoma Stre t could be d eked , a nd u se val t parking from th hotel; this would provid the number of spaces ne~d d . Othe r alternatives in lude a s h o rt-term ar rangeme nt to park on th propos d City Hall sit , and th • h av also talked to First Nn tional Bunk r pgardln g • I • • • • • - -2- shared parking. These alternatives have been discussed briefly wi h their archlt cts , and the architects seem t o f el the proposals a r e f asible, but want to do furth r study on lt. Mr. Joyce dis ussed the construction schedul on the hotel and retail. I~ also provid d a co py of the printout indicating co nstru ction cost cst1mat s for the hotel project, and an anticipated construction schedule, ·long with an estimated absorption schedule. Simila r information for the r tall space will be mad available within the next day or two. Mr. Joyce then discussed the matter of th King Soop r s lease at th ir xisting site. He s tated t ha t Brady Corporation has had discussions with Equltahl Insu r a n ce Co mpany and with KRAVCO r gardi~ this leas . Mr. Joyce stated that Brady Co r poration has been informed that Equitable and KRAVCO hop o have an answer back to Bradv within the n xt week re- gardln the termina tion of the 1 ase on the existing sit , and th pos- sible acquisition of the new Ki ng Soop rs Plaza . Mr. Joyce s t ated tha ln he v n this proposal with Equitable and KRAV CO do s not mat riali z , Brady Corpo ration is also working to obtain pe rmanent financing with Silverado Bank for the King Soope rs P l aza p r oj c t. Ms. Pow rs inquired as to th status of the constru ction loan on the King Soopers Plaza . Mr . Joyc stated that the co nstruc tion loan/pe rm anent financing is wrapped up in the sam issue. Hr . Joyce stated that they are in agreement on the ftgur s , but the r e are furth r e xplanations that ne d to b worked out . Mr. Joy e expressed th need to talk to Mr. Bell and Silve r ado fu rth e r, a nd to get something in writing on the projected gross sales for the King Soopers sto r e. Ms. VanDvke ent r d them eting and r ook her place with the Authorftv. Discussion ens ued on the n gotiations b twe n th e Brady Co rporaU o n and Silverado Bank. Mr . Joyce st r ess d the need fo r Brady to hav a back- up source of funding if th lr negotiation..<'! with Equitable L! fe [nsurance- KRAV CO do not c m to a satisfa tory conclusion . fr. Joyc slat d that a full loan application should go to Silverado next we k, and to the Board and Loan Committee that same w ek . King Soopers Plaza store will be op n and operating on Memorial Day week nd, and it is the proj ted plan that the r~maining retail outlets will he ln opera tion in Julv of l 85 . Mr. 1 sk d about thl.' plans and the URA . Mr . .Joyce St<itcd lender that they co ntinue to Parkway is oncerned, It fs th th roadwav wlll go through . for the Fiedclman prop rty own d by Brady that thev have propo ed to thPi r n•· hold th ground; as fAr as the Englewood anticipatlon of Brady Corpo r tion that Mr . Nov icky inquired about th demo! it ion of the buildings on the Fi delman property. Mr. Joyce stated that th buildings could b demolished wh n- ever they ar told that it 's OK ; th se buildings are pr s ntly pledged aq colla teral to the Fi r st National Bank of Englewood on a loan Mr. Brad y has through th Bank; Hr. Joyce stated that he did n ot fe l this to b a major problem, and when a r elease is r celved f r om the Bank the buildings can be torn down. • I • • ' • • • - -J- Mrs. Col asked if there was a tim element o n their negotiations with EqufLable/KRAVCO. Mr. Joyce stated that Brady Corpo r atio n has ben in- formed a response s hould be r ecei v ed this week. Mr. Neal asked that all members of the Urban Ren e wal Authority and City Co uncil rec ive c opies of the information submitted by Mr. Joyce at this meeti ng. Mr. Joyce excus d himself from the mee ting . Novi c ky mo ved: Cole seco nded: Th e Urban R ne wal Aut hority go into Executive Session . AYES: Totton, VanDyke , Voth , Col , Nea l , Nov!cky NAYS: None ABSENT: Minnick ABSTAIN: None The mo ti on ar r ied . * * * * * Novicky mov d: VPnDyk s cond d: The Urban Renewal Authority co m o ut of Execut ive Session . AYES: VanDyk e , Voth , Cole , N al, ovick y , Totton NAYS: No n ABSENT: Minni k ABSTAIN: Non e Th motion c arr! d . Novlcky mov d: Totton s cond d: The s taff is directed to give Brad y Dev lopm nt Co rp oration a on w ek neti c~ r~garding the demo liti on of the buildings at 3405 South Broadway /SOW st Gi r a rd Avenue, as per the Agre e ment b tween the Ur ban Ren ewal Authority and Brady Developm nt Corporation, signed August Jl , 1984. AYES: Voth , Co l e , N al, Novi ky, Totton , V nDykl> NAYS: No nl' ABSENT: Mlnn i k AB TAlN: None The motion ca rri d. l II. DOWNTOWN REDEVELOPHENT PLAN. Disc ussion on proposed amendments to the Downtown R development Plan ns ued. Ms. Powers pointed out that until further information is known on r e qulr d properties, no action an b taken . • I • - • • • .. - -4- Cole moved: VanDyke seconded: The meeting be recessed until receipt of further in- formation from Brady's lender; the Urban Renewal Au- thority does not waive any existing rights it has ln the Agreement fo~: Disposition a nd Redev lopment be- tween the Urban Renewal Authority and Brady. Chairman Voth declared the motion car ~:ted, a nd the meeting recessed at 7:10 P. M. • I • • • • • • - C:LTY 01' ENO T.EWOOD PLANNING AND ZON IN G COMMISSIO March 19, 1985 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order by Chairman Venard at 7:00 P. M. Members pr sent: Magnuson , lc Brayar, Stoal , V nard , Carson Me mbers absent: Allen , Barbre, B i r Al so present: D. A. Romans , Assistant Director of Community Development Susan T. King, S nior Planner H r old J. Stitt , Planner ll II. APPROVAL OF M£NUTES . March 5, 1985 Chairman Venard stated that the Minut s of March 5 , 1985 were to be considered f r approval . Magnuson mov d: Stoel s conded: Th• Minutes of Mar c h 5 , 1985 be app r oved as written . AYES: Sto l, Venard, Magnuson NAYS : Non ABSTAlN: McBrayer , Carson ABSENT: Allen, Barbre , Beier Cha irman Ve nard ruled that the Minutes s tand approved . IT I. C~SE 115-85_ nee Carson moved: Stoel se onded: The Public Hearing on Case #5-85 b ooen d. AYES: Stocl, 't.~ndrcl , Carson, ''-•~nu~·tln, Nc Brilvt•r AYS: onC' ABSTA L N: one ABSI .NT: Allt•n, R.,rbr£', BPh•r TI1e motion cnrr!('d. Mr. Venard stal d that h£' do s have ln hand a published In th• ofl icinl Cltv n('wspap r, and submitt d bv the applicant. He naked that lh r cord of this II nrlng. opy of th public notic the Certification of Posting se it•ms b mad part of the Mr. Venard stated that a slgn-Jn sh et ha s be n circulated through the audl nee for p ople to lgn wh o wish to nddres the Commission on th matter of the rezoning request. Mr. Venard stated that he would be calling on thos people to orne forward , state their name, and be sworn in; testimon y s hould be direct d to the Commis ion regarding the issue of th rezoning . • 9c I • • • • - -2- ~lr. Vpnard o1skl'd If he app li c ant wa s present. Mr . Frank Cri s tiano :Ha tt·d th.lt ht• Is n •pn•sentlng ~l r. Plumme r, who is prese nt, and hat h l', Mr. Crist!.tn o , wil l be making th pres ntation to th e Co mml ssi.on. Hr. Crist innn statPd that :-lr. Plummer is the owner of prop rt y at 3511 South Dnwtting S trec•t , n nd a l flo ow n s Fratelli's Restaurant at the south- east co rnpr of South llowning S r ee t and East Hampden Ave nu e . The re s taurant was •s t .th li.·hed 10 to 15 v ur s ago , and has be n very s u c- cvssful; thv f.tc ilfty e at s hetween 75 to 80 people at the p r s nt tim , <lnd lr . Plummt•r "''.tnt s t o xpand th r estaurant t o accommoda t e approxi- matt?ly 1~0 In s . ., lng cn pn c lty . ~lr. Plummer must provide off-st r eet parking for t Itt• I ncrt'n sed restaura nt a r ea , whi c h he cannot do o n th subjt•c t n •s taur.tnt s l.t £'. Mr. Plummer hns tried to negotiate with an adjoinin g pn>pt•rtv nwnt'r for u s e f land fo r parking, but his has no been s un·vssful. lr. Plummer has purc h 11sed p r op rty a c r oss South D o wnin ~; Strt•t•t t n tht• wes t o f thC' re stau r a nt , )511 South Downing Street; thi s Is thC' <>t•cn nd propt•rt y so uth from Hampd •n Avenu . Mr . Plummer proposes to d!'nml i s h t h v !'xl s tlng s tru lure , whi ch i s substanda r d , and improvp th l s s Itt• I n r n parking l ot. However , to develop a pa rk ing lot n thi s sl tP, Mr. Plummer needs t o havC' lhC' zoning c hanged from R-2 , Medium DPnsftv RvsidPnr£' t <> B-2, Bu s inC'ss . Mr. Cri stia no pointed o ut that rlw s ltt• nf thl' propo,;('d pnrklng l ot Is con tiguous to thl? xl s ting B-2 Zn nt• Dl s trln whi c h run s along Enst Hampden Avenue. Nr. Plummer dOt.'!> hnvp a dl'm.tnd for ndditional pnrking , and lf the addit J o n al parking Jot nnnot hr d vvl'l npr d, he will not be ab l e to expnnd th e r estaurant , which m,ty in turn l<'nd t o hi s h ;lvlng t o r loc ate t o n larger st te al- t ogl'tht•t·. lr. Crl s t!.•nn s tntpd th .1l thl"v pro p ose t o comply with tht• provisi o n s o! th,• C'omprt'lwns[v(• Zo ning Ordlnanc<.>; thl'v will c mplv with th p l.m dsc apln g n •q ui r ,•m ,•n t s .tnd l<•nl'in • d jJcent o h idl'ntl d vt•lopm nt. ~r. lri"'tia no st.H<'d thnt ht• I s of the oplnlon tht• r cs t:lurnm dlld proposed parking l o t .<rl• in comp liance with th(' tnt nt of the Compn•hl'nsiv Pl,m , lt.lt thl "' dt•v p lopment fl ts in with hl mi x d uAe d£>v<'lopmc nt a long the llampdt•n co rridor, and contr!but q t o th £• u 1- •w ss ht>;ilth and tdx has<' nf tlw '<>mmu n!ty. Hr . Cristt.lnn s ta d that 1r. l'lummt>r s u bml tt <•d with th(' .tppl!cat!on, copl!'s of nt m•nts from tlw l.1nd owm•rs and nPIAhbors in the nr<'n in support of 'lr. Plumm r 's r <•qupst,•J Tl'/.llnlng. Il l' s t .t t e d that lr. Plumm •r r ec ivl'd an exc I l£>nt r <.>spons,•, .md T<'t'<•ivl'd n o ob)£'c tions t o th proposed r •zo ning. Ther n r (' .1lso f!v pt•nplp ln 1ltt('ndnncc <It thi s mel'ting wh n arp willing to ~penk in uppnrt of thp n·zonlng TC'<Jlll'St. ~lr. Cri s tiano s ummari zl'd hi~; P~'•"H•nt 11inn, st.tt!ng thnt F r .llt•lli's l an t'St1lhlished restaurant wlli h h n•vftalL,fng lht• 'lt'l'il , tlw app li cant will b<.> taking a "prob lem" f'rt'P<•rtv 1nd will d<'VP l op lt as ,1 pa r king lnt f<lr this vital, productiv husln,·~~. o~nd It w! II hp 1 posit lvt> sll'P lo r th e commu ni tv . Mr. Crt l.tnn 1 !dn•ss d 1 ,.,,nrt.•rn th<~t had tH•('n <•xpress d by Ci t y s taff m,•mh••rs TPl•.trdlm• pt•opi<• •·r ns!llng Snu t h O<>wn ln Str ~t from th parking lnt; ht• nntpd th.1t pl'nplP p.1rk up .tn d down bo th sld!'s of South Oowning Strt•Pt .tnd 1 rns4 t ht• o;trt• •t o rench the T£>s tnurant now . Pcopl are <~1so eross!ng ll nmpd<>n AVPilUl', wh !r h nrri s much h av! r traffic volum ltwn Sou th Onwnln:. He noted that thl're i s a s ignal at the intersection of South n.,wnin~; St Tl'l't/F.,lst ll.tmpdl•n AvPnul', and that p opl could ··ros s wi h th(' sig nnl. Hr. Carson stntl'd that h • had spoken with lr. Plumm r , and that Mr. l'lummt.•r indl en t('d to him thnt s i gns would b in t .1ll d at th<.> restaurant and at th<· parking lot dlrN·ting patrons to cro s the street t th in- terse c ti o n with h light. • I • • • ' • • • - -3- Mr. McB raye r asked about th e ground cove r mat e rial and size of trees to be used on the landscaping plan . Hr. Plumm r stated that th e ar c hitec t sugg es ted li o ney Locust trees; he do s not kn ow what size, and no d c i sion ha s been mad e wh e ther ground co ver will be grass or whether it wUl be a rock and bark-chip cover . Mr. Plumm r s tated that he will be r moving th xl sting tr es on the site , and will install one tree , but reiterated that he do s not know the siz , or even the type o f tree for s ure. Mr . Plummer was no t s ure , either , wh ther he will hav a sprinkler s yst m installt:d. Mr. Plumm e r s tated that th parking lot will be lighted. Mr. Mc Brayer ask d if the Co mmission approved this plan a s submitted , the applicant would ha ve to plant a Hon y Lo c ust tree; is this correct . Mrs. Romans pointed out that the iss u befo r e th e Commission i s the c hang of zo n la ss ification f r om R-2, Me dium Density Res idenc e, to B-2 , Business , and that the parking plan is not the subject of the Hearing . Mr. Plumm er has not presented a specific plan for the parki ng lot or landscaping thereof . Mr. V nard ask d if the parking lot would be of sufficient size t hat it will hav to be co nsidered by the Commission at a later date . Mrs . Ro mans stated that it will not be; the applican t will have to c omply with th landsc ping provi s ions for parki n lots at such time as the actual de- velopm nt of th lot occu r s , but that this would be e nf o r c d by staff . Mr. Venard asked if the staff had anything th y wished to add to the staff r e port , or c omment s they wish d t o make on the i s su • Mrs. Romans stat d the staf f had nothing furth r t o add, but will ans w r question s if the Commi ss ion ha s questions. Hr. Ve na rd ca lled o n Mr. N lson t o addr sa lh Commission. Mr. Richard N ls n 6017 South Locu st St r eet -was worn in, and t s tifl ed that he i s in favor of th rez ning r quest . Hr. Nelson sta t ed that h is a t a h r in the h rry reek Sc hoo l sys t m, and is also • pan-tim l'le rk l Old Tow n l.iquors at 1215 East Hampden Avenue. P tron going to Mr. Plumm r's r staur nt park in th parking l ot of th liquor sto r nnd c r oss Ham pd n Avenu to th r s t a urant . The pa r king lot provided hy Old Town Liquors is fo r the patrons of that business, no for Fratelli 's R staurant . Mr. N l son pointed out that the traffic traveling w st un ll ampden Avenu i s trav ling ar a pr tty good speed, and it is dangerous for persons crossing th street to g t to the restaurant. Mr. N lson urg d approval of th r ezoning r eQu t. lr. Ve nard alled on lr. Hooper. Hr. !looper d clin d ro address the CommissJon , stating that hi.' is a cus tomer of Fr at lli's, but did not orne prepar d to sp ak. lr. Venard asked If th rc was anyone else wh o wished to sp k to th Commibsion . Mr • .Jess Crane 3502 South Marion Str et -was s worn in, nd testified that h is a property owner in the area, owning a four- bay garag on East llampden Avenue, and the property at 3502 South Marion St r eet . Mr. r o nc fllapported the d velopment o f a parking l ot for the r stauranl , noting that p ople cannot park o n the street becaus it is • I • • • • • • -4- a ir ady crowded wlth c u stom r s going to the r estaurant. Othe r people who provlde of f-str et pa r king des rv to have that parking u sed by t h lr patrons , not used by the customers of t h r sta ur ant . ir. Crane stated th .1 th e Co mmi ssion would be doing th e people o f t h n ighbo rh ood a s rvl ce hy g r a nting th r ezoning to Mr. Plummer to al low the d eve lop-m nt of the of f-s treet parking lot . fr:. Stoe l nsked about th(' r esi dent s who live in the a r ea ; wh at about the r e ident wh o hn s a parki ng l ot developed right next to them. Mr. Cran e s t ted that h co uld not s peak for a r es ide n t wh o might be rig h t next door to n pa r king l ot , b ut pointed out that if th e reside nt s ob- jected to th e proposal , he felt thy s ho uld be presen t at t his meet ing o v oice th ei r objec ti ons . ~f r. Cr l stf:mo po in t d out that no objection s were voi c d when Mr. Plumm er t ook th e l ette r s a round to th e residents . Mr. Stoel pointed out t hat h would dlscnun the majority o f tho se letters s ubm itted by Mr. Plummer, b cause th ey <H e sig n d by "te nants ", n ot propert y own e r s a nd h wo uld not place mu c h v a lidity in t h e tenants' signat ures. Mr. Plummer pointed o u t that h we nt to both renters and property own ers ln see kin g the 1 tters of approvnl . Mr. Sto 1 stat d that a lot of e mpha sis is being p l aced o n the s ubmi ss i o n o f the lett r s , whi c h do n't m an a lot t o him b cause the r ent r s ma y b th e r e o ne day a nd go n the ne xt day. He sta t ed that the r esta ur a nt I s a n asset to the City , but the Commission mu s t con si der the ramif i cations o f rezoning; if th r ezoning I s approved , t here is no guarantee that th e prop e rt y own er wi ll, in fa ct , build a pa r king l o t o n thi s s ite . fr . Ravmond Kav o Jt 1235 Eas t llampd 'n -wa s s wo rn In , and sta ted that he is th ma nnger of Gllmo r Cl an r s at the East Hampd e n Ave nu e addr ss . H stnted that they e xp rle n c probl m with people parking In their pa rk ing a r ea a nd r ossing the street to the r es taurant. He s tated that cone rn has be n xpress d about patrons of the restaurant c r ossing South Downi n Str e , but pointed out that th y pres ntly c r oss East Hampden Ave nue; Lt should be much better to hav e a parking lot f o r th reslilurant across the st r et on So uth Downing . In r esponse to a qu s tl on Mr. Knvolt stated that he dld no t feel th e rest a urant c lient ele will walk to the llght at th intersection, but will c ross the s tr et di r ec tl y from th(' pn rking l ot ; he pointed o ut, howev e r, that South Do wning St r eet do s not cnrry the traffic that East Hampd e n Ave n ue ca rri es. The de- velopment of the pa rk i ng l o on Sou th Downing St r eet wlll a ll evia t e the congestion xp('ri need by th busi nesses ac r oss Hampden Avenue to the north, and noted that he, for one , did not open a business on East llnmpd n Av nu to provide p.,rking for Mr . Plummer 's cus tom e r s a t Frat'lli 's . ~fr . Venard asked If there was anyo ne lse in th a udi e n ce who wished to address the Commission . No ot h r member of the audience addressed th CommissLon . Mr . Venard then as k d If any m mber of th Co mmis sion had any qu stions . Mr . Stoe l stated thnt on the east s td P of t hP st rePt in the 3500 block of South Downin e , there Ls a bus lness; h asked If the s ta f kn w what this business ls. Mrs. Romans s tated that th re is a home occupation in that block , which she ass um d Mr. Stoel was referring t o , and that I • • • • • • -5- she will ask the Co de Enforcement Office r to c heck i t out . Mrs. Romans pointed out that th s taff has had inquires about comm e r cia l zoning fu r- t h r sout h on South Downing Street, but the r e ha s not been a fol low-up on t h se inquiries . Mr . Stoel stated that there is a mix ed zoning on South Marion St re et . Mr s . Roman s referred to the official zoni ng ma p , pointing out th e B-2 s trip zoning, a nd the R-2 zoning for the remaining d e pth of the block . Discuss ion e nsued. Carson moved : Mc Bray e r second e d: The Public Hearing on Case #5-85 be cl ose d. AYES: Venard, Carson, Magnuson, Mc Braye r, Stoel NAYS: No ne ABSENT: Allen, Ba rbre, Beier ABSTAIN: None The motion c arrie d. Mr. Venard a s ked the ple asure of the Co mmi ssion. Mc Br aye r moved: Ca r son seconded : The Planning Co mmi ssion refer the r ezoning r equest filed by Mr. James Plummer for 3511 South Downing Street t o City Co uncil with a favorable recommenda-tion. AYES: Carson, McB r aye r, Stoel, Ve nard NAYS: Mag nu son ABSENT: Allen, Barbre, Beier ABSTAIN: one The motion ca rr! d. Nr . V na rd thanke d members of the audience for their attendance and participat ion in th Publi c Hearing. Mr. Plumm r was i nform d t hat the recommendation of the Planning Com- mission will be submitted to th City Council , and a nother Public Hearing will be h ld by th Co un cil at a date to b d etermi ne d. IV. RIGIIT-OF'-WAY VACATION South Pecos Str et West Warren Avenue CASE #6-85 Mr . Venard asked if th applican t for the right-of-way vacation was present. Mrs. Romans stated that she had talked to Mr. Dodson earlier in the week, a nd he had stated at that time that he would be attending the Co mmi ssion meeting . Mrs. Romans s tated that Mr. Dodson has worked verv close ly with the City staff. and has been tryin~ to ~e t the vacation r e quest b fo r e t he Co mmis sio n and coun c il for a number of years . She requested permi ssion for the staff to proceed and make the pres ntation on behalf of Mr. Dodson in hi s absence. Mr. Mc Bra y r e xpr ssed con ce rn that the Co mmi ssion should proceed with- • I • • • • • • - -6- out th pr •sence of the applicant. Mr. Stoel ask d why it has tak n so long to get the vacation before the Commission . Mrs. Romans stated that the cent rline of the right- of-way for South Pecos Street and West Warren Avenue Is the boundary between the City and County of D nver and Arapahoe County . The position has been tak n that Inasmuch as one-half of the right-of-wa y is in an- oth r governm ntal jurisdiction , the ri ht-of-way should b vacated by both entities at the same time , if possible . Mrs . Romans s tated that th Englewood staff has met with representatives of Denver; in Denv r it is th policy that a "fee " must be paid to get som thing before the City Council. The own e rship o f th property has c hang d several times si ne the initial r quest for vocation of the right-of-way was made, and until thi s tim a property owner has not followed through on the requ st . Mrs. Roman s pointed o ut that the right-of-way being co nsidered in this case all came from thi s subj ct prope r ty , and does not serv an y publi purpos . Mrs. Romans stated that Denver has now vacated the right-of-way on South Pecos Street . Mr . Dodson has paid th e fee to D nv er on behalf of the property owne rs to th north of West Warren Avenu e , and the ap pli cation has been filed in Denver . Mrs. Romans stated that Mr. D dson has be n giv n permission to put a fence ac ross the st re t to try to keep people from dumping trash on th site; this has been a big problem on this property for a numb e r of years . She stated that the right-of-way cannot be utilized, so it serves no public purpose , and in her opinion, s hould be vacated . Mr . I Bray r stated that he appreciates th time and effort th staff ha s put into thi s r eq ue st , but he do s feel the applicant was advised of th dat and tim of th me ting at which his request would be con- sid r d, and that h felt th sta ff should not be responsible for making th pres ntation for the appli ant. Mr . McBrayer stat d that he felt th Commiss i o n should hear both sides of the issue . Carson mov d: lagnuson s onded: Th vacation of right-of-way for South Pecos Str et and W st W rren Avenu be tabled until the next m et1ng . Mrs. Romans stat d that she would notlfy Mr. Dodson of the Commission's action, and notify hlm of th date and time of the n xt meeting. 1be vote was called: AYES: Carson, lagnu~on, McBraver , Stoel , Venard NAYS : None ABSTAIN: N n ABSF.NT: Barbre, Beier , Allen Th motion ca rr iPd. V . PUBLl C FOR I. Th re was no one in the audience who wish d to address the Commission at this tfme. • I • • • • • • • • • -7- VI. D[RECTOR 'S CHOICE . Mrs. Romans introduced Kamal Jamad, a student at UCO who is observing th m eti ng as a class project. Mr. Jamad requested clarification of "vacation of right-of-wa :~•·. Mr. Venard and Mrs. Romans addressed this issue in further d tail . Mrs. Romans stated that reservations have been made for Mr . and Mrs. Carson 's att ndance at the DRCOG Annual Banquet to be held on Mar c h 27 at lh Westin Hotel. Mrs . Romans asked if there were other memb rs who wished to attend this banquet . No one else indicated they wanted to att nd. Mrs. Romans stated that the Comprehensive Zoning Ordinance amendments have all been referred to City Council; it is anticipated that the Public Hearing will be sch duled for April 22nd . The Ordinance is to be publ1sh d in full in the Sentinel on March 20th. VII. COMMISSIONER 'S CHOICE . Mr . Carson presented some pictures from Clearwater, Florida on a trash pick-up procedure; this is a on -man ope r ation, a nd takes 10 seconds per hous . Mr. Venard suggested that these photographs should be sub- mitted to Mr. Allen. Mr . Venard also pointed out that further considera- tion of the goals of the Commissio n will also be taken up at a later me e ting. Dis ussion nsu d on Case #5 -85 , and the letters that wer s ubmitted by Mr. Plummer. Mr. Stoel r iterated prev1ous statements that the ma jority of th lett r were signed by "tenants", not "owners". Mr . Magnuson stat d that he voted "no" on this matt r because he is co ncerned about the continual ncroa hment of business z ning into the residential r eas . Mr. Bill Speck . a student o bs rver from UCO, asked what th proc dure would b at th City Council 1 vel on the r ezoning . Mr. V n ard stated that City Council will hav to set a public hearing on the rezoning, also, and will mak their decision based on the facts presented at that h aring, in addit ion to consideration of the docurn ntation present d from th• Planning Commission and staff . Mr. Speck asked lf the r com- mendations of the Comm i ssion are usually mad b sed on wheth r there is objection from the neighbors. ~fr. Venard stated that this may b a part of the consideration of the Commission. The meeting adjourned at 8:00 P. M. ,-\ ,f.~/~,.,._/. I G~rtrud G. Welty Reco rding Secr~ary • I • • • .. ORDINA!CE oo. olQ SERIES OF 1985 • • - BY AtJI'HORITY CXXJOCIL BILL 00 . 2 INTR<XXX:ID BY COU!CIL 11Fl1BER HIG:lAY AN ORDINAICE APPROVING AN AGREEl'IENT BE'I.WEEN 'mE CITY OF El'l:iLElo/000 AtD SOIJl'H SUBURBAN METROPOLITAN lrn:REATION AND PARK DISTRICT TO CONSTROCT A HIKE/BIKE TRAIL FRCt1 THE OORTH BOONDARY OF El'l:iLEWOOO OOLF COURSE TO WEST OXFORD AVENUE. WHEREAS, the City of En;Jlewood is the owner of the hereinafter described lands; and WHEREAS, SOuth &lburban Metropolitan Recreation and Park District desires to construct and maintain a recreational trail across the lands of the City; ~. THEREFORE, BE IT ORI:lr\INID BY THE CITY C<:JUOCIL OF THE CITY OF El«il.Elo/000, COLORADO, AS F()[.[.(MS: Section 1. City Council hereby approves the agreement between the City of Englewood and SOuth &lburban Metropolitan Recreation and Park District, a copy of which is attached hereto and incorporated herein by reference, to construct a hike/bike trail from the north boundary of Englewood Golf COurse upstream to West OXford Avenue, taking a course that is mutually agreeable to the City of Englewood and South &lburban Metropolitan Recreation and Park District. Section 2. City COuncil hereby authori;r.es the Mayor to sign and the ex officio City Clerk-Treasurer to attest said agreement on behalf of City COuncil and the City of Englewood. Introduced, read in full, and passed on first reading on the 1st day of April, 1985. Published as a Bill for an ordinance on the 3rd day of April, 1985 . Read by title and passed on final reading on the 15th day of April, 1985. • I . - ( • • • • Published by title as Ordinance No.C:O , series of 1985, on the 17th day of April, 1985. Eugene L. 0t1s, Mayor Attest: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of fl'lglewood, Colorado, hereby certify that the above arrl foregoing is a true, accurate and canplete copy of the Ordinance passed on final reading and published by title as Ordinance No.~, series of 1985. Gary R. H1gbee I • I • ,. < • • • .. - CONTRACT TO CONsrROCT HIKE/BIKE TRAIL FRa-1 NORTH BOONDARY OF ElG.EWOOD GOLF COORSE TO WEST OXFORD AVENUE THIS CONTRJ\CT, made this day of , 1985, between the CITY OF ElG.EWOOD, a Colorado municipal corporation , hereinafter "City," and 9JVTH SUBURBAN METROPOLITAN REI:REATION l\l'V PARK DisrRICT , a quasi-municipal corporation , of Arapahoe Coun y, Colorado , herein fter "District;" WITNESSETH WHEREAS, District and the Englewood Parks and Recreation Commission desire to cooperate in the construction of a section of the South Platte River Trail (hike/bike trail) from the north boundary of the Englewood Golf Course upstream to West OXford Avenue; City shall contract with District for District to construct the herein described trail for the City . NOW THEREFORE, the parties hereby covenant and agree as follows: 1 . District will prepare trail specifications, call for bids and supervise construction of South Platte River Trail (hike/bike trail) from the north boundary of the Englewood Golf course upstream to West OXford Avenue in the City of Englewood. All plans (including for the exact location of the trail as is mutually agreeable to the City of Englewood and South Suburban Metropolitan Recreation and P rk District), specifications and awarding of bids must be pproved by the Cit before st r of cons ruction . 2. City agrees to be responsible for the ultima e comple ion of said trail and maintenance of said trail after completion . 3 . District shall meet all requirements as set forth by the Color do Parks and OUtdoor Recreation Department and u.s. corps of Engineers in the expenditure of funds so as not to disqu lify reimbursement of a $100,000 grant from the State Trail Fund or any additional grant funds from the u.s . Corps of Engineers. 4. District must complete the trail from these funds from the north boundary of the Englewod Golf Course to West OXford Avenue before beginning construction on any other section of the South Platte Trail, unless otherwise agreed by the parties. • I • • < • • • .. • 5. Payment shall be made to the contractor by the City frCITI State reimbursable funds when a section is CCITipleted to the satis- faction of the City after its inspection of the construction. A det iled expenditure on work CCITipleted must accCITipany each request for payment so that the City can be reimbursed for expenditures from the Federal and State grants. Inspection shall be made within a reasonable time and payment made within 15 days after CCITipletion of inspection . IN WITNESS WHEREOF, the parties hereto set their hands and seals the day and year first above wr itten . SOl1l'H SUBI.JRBAN METROPOLITAN aa:RFATION NV Pl\RK DISTRICT ~------------------- Attest: STATE OF COLORADO COUNTY OF 1\RAPAHOE ss. CITY OF ENGLEl'JOOO BY -:----::--~.--~-Eugene L. Otls, Mayor Attest: The foregoing instrurent as acknowledged before me this day of , 1985 by ---------------- of South SUburban Metropolitan Recreation and Park District. My Commission expires STATE OF COLORADO COUNTY OF 1\RAPAHOE ss. Notary PUblic Address: The foregoing instrurent was c'knowledged before me this day of , 1985 by &!gene L. Otis as Mayor and Gary ~ Higbee as ex offic1o City Clerk-Treasurer of the City of Englewood. My Commission expires Notary Public 3400 s. Elati Englewood, co 80110 • I • • , ( • ORDINAOCE 00."' I SERIES OF 1985 , . • • • BY Al1l'HORITY COUNCIL BILL NO. 19 I NI'ROOOCED BY COUNCIL Mfl'IBER BRADSHAW AN OROINAICE APPROITIOO GRANT OF tJI'ILITIES EASEMENT BY IJODS()N- TIO'IAS INVES'n'lmt'S TO CITY OF flG.f}KO) 00 REAL PROPERTY LOCATED BE'IWEDI WEST ~ AvmfE AW WEST BALTIC AVENUE IN SHERIDAN HEIGHTS, f2G..M)(l), aJL0RA00. WHEREAS, the developers of property bounded by West warren Avenue South Pecos Street and west Baltic Avenue on the property owned by Dodson-Thanas Investments; and WHEREAS, the property owner desires to graAt a utilities easanent to the City of En:Jl'f\'IOOd for the purpose of constructing, operating, maintaining, repairing, replacing, removing and enlarging the lines and appurtenances; tO'/, 'niE~r BE IT OROt\INED BY ntE CITY OF fKiLf)I{XX), COLORADO, AS ~: Section 1. City Council hereby approves the Grant of UtilitTes Easement by Dodson-Thomas Investments in favor of the City of En:Jlewood, Colorado, a copy of said Grant of Utilities Easement is attached hereto as ~ndix 1 and incorporated herein by reference • Section 2. City Council hereby authorizes the Mayor and ex officio City Clerk-Treasurer to sign and attest said Grant of Utilities Easement on behalf of the City Council and the City of Englewood. Introduced, read in full, and passed on first reading on the 1st day of April, 1985. Published as a Bill for an ~dinance on the 3rd day of April 1985. Read by title and passed on final reading on the 15th d a y of April, 1985. • I • - ( • • • .. • Published by title as Ordinance No, c£ / , Series of 1985, on the 17th day of ~il , 1985. Eugene L. Otls, Mayor 1\ttest: ex officio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Dlglewood , Colorado, hereby certify that the above and foregoing is a true , accurate and canplete copy of the Ordinance j!l~Sed on final reading and p.lblished by title as Ordinance No.c:i!L.L_, Series of 1985. Gary R. Higbee • I • • I I I r t I l , ( ( • • • - GRAI'n' OF lJI' I LIT I ES EASEl1 EN!' TIHS GRAm' of a utilities easement (this "Grant") is mad this day of , 1985 by OO)S()N-~ I NVF.Sn1ENI'S (11 Grantor ") ....flose address is ------------------------------- 1n f vor of the CITY OF EN:;LEW<XJO , COLORADO , (11Gran ee"l whose address is 3400 South Elati Street , Englewood , CO 80110; The par ies covena nt a nd agree as follows: 1. Easement Prope r t y. The "Easernen Property" shall mean the real property located i n the Cou n ty of Arapahoe , S e of Color do , more par icularly described as follows: A 30-foo strip of land located in Block 79 , SHERIDAN HEIGHTS , lying 15 feet on each side of the following described center- line : COOmencing at the Southeast corner of Block 79 said point bears the following t wo courses from the center quar er corner of Section 28 , Town ship 4 South , Range 68 West , of the 6th Principal Me ridian; South 89o25 '01 " West a distance of 30 .00 f t ; thence South OOoOO 'OO " West (assumed basis of bearings) along the East li ne of the SE 1/4 NW l /4 of said Section 28 a distance of 342 .74 feet ; thence North 89o25 '01" West a l ong the South line of said Block 79 a distance of 12 4.61 feet to the True Po i nt o f Begi nn ing ; thence , North OoO O'OO " Ea s t 266 .59 feet to t he Nor th line of said Block 79 , being the Point o f Termi nus , e xtend ing and shortening side lines to terminate on property lines , containing 7 ,997 square feet (0 .18 4 acres) more or less . 2 . Consideration . As consideration for this Gr nt , Grant has paid Gran or the sun of One Doll r: ($1.00) and other good nd valuable consideration , th receipt of which is hereby cknowl ged by Grantor. 3 . Grant of Utilities Easement. Grantor hereby gr nts to Gr ntee, its successors and ass1gns, a perpetual, nonexclusive easement ( th "Utili ties Easement") over, und e r , ross nd hrough the Easement Property for the purpose of construe i ng, o rating, maintaining , repairing , replacing , removing and enlarging the "Lin s and Appur enanc s", as hereinafter defined . 'nle "Lines and Appurtenances " shall mean one or more utility pipelines and all necessary underground and surface appurtenances thereto necessary or desirable for the transmission of water , including , but not limited to , mains , conduits , vaults , ventilators , electric or other control systems , c bles , wires and connections . 4 . Access . Grantee shall have the perpetu 1 , nonexclusive right of ingress and egress in, to , over , through and across the Easement Property for a ny purpose necessary or desirable for th full enjoyment of the rights granted to Gra ntee under this Grant • • ) I • • ( • • • - 5. Restoration . Grantee agrees that after the constroction, maintenance , repa1r, replacement , or enlargement of any of the Lines and Appurtenances, Grantee shall restore the surf ce of the Easement Property as nearly as reasonably possible to the grade and condi ion i was in immediately prior to said construction , maintenance, repair, replacement, or enlargement, except as may be necessary to accommodate the Lines and Appurtenances. Grantee agrees to restore and repair any improvements of Grantor on the Easement Property which are dcrnaged , modified or altered by Grantee durirg said construction , maintenance, repair, replacement or enlargement. Grantee further agrees to replace any topsoil removed from any cultivated or agricultural areas on the Easement Property and to remove ny excess earth resultirg from said construction , maintenance , repair, replacement or enlargement , at Grantee's sole cost a nd expense . 6 . No Improvements. Grantor covenants and agr s not to construct , erect , place or plan any "Improvements", as hereinafter defined , on the Easement Property without obtaining the prior written consent of Grantee. "Improvements" shall mean any strocture or building. Grantee shall have the right to remove , without any liability to Grantor, any improvements constrocted, erected , placed or planted on the Easement Property without Grantee's havirg obtained the prior written consent of Grantor. 7 . SUbjacent and Lateral suppc;rt. Gr n or covenants and agrees that Grantee shall have the r1ght of subjacent and lateral support on the Easement Property to wh atever extent is necessary or desir ble for the full , complete nd undisturbed enjoyment of th rights granted to Grantee under this Grant. 8 . Rights of Grantor. Gr ntor reserves the full right to the undisturbed ownership, use , and occupancy of the Easement Property insof r as said ownership , use, and occupancy is consistent with and oes no impair th rights ranted to Grantee in this Grant. 9. Abandonment. In the event that Gr ntee shall abandon the rights granted to it und r this Gr nt, all right, itle and interest h reund r of Grant sh 11 cease and erminate, and Grantor shall hold Eas nt Property, as the same may hen be, fr from the righ s of Grantee so bandoned and shall own all materials and s rue u es of Gran so abandoned, provided that Grantee shall have a reason ble period of time after said abandonment in which to remove any or all Lines and Appurten noes from the Easement Property. In the ev nt that Easemen is abandoned by Grantee, Grantor shall have the right , t its sole option, to require Gr a ntee to remove or neutr li ze any improvements cons roc ted in the Easement by Grantee. 10. warranty of Title. Gr ntor warrants and represents that Grantor is the fee simple owner of the Easenen Property and that Grantor has full right, title and authority, that this Gr nt is effec i ve to gran and convey to Grantee the Utili ties Easenent, and • I • • r ' • • • , . • that this grant of an easement is superior to a ll other grants. Grantor further covenants and agrees to indemnify, defend and hold Grantee ha rmless from and against any adverse claim to the title of the Easement Property by all and every person or persons lawfully claiming or to claim the ~ole or any part thereof. 11. Binding Effect. 'nlis Grant shall extend to and be binding upon the heirs, personal representatives, successors and assigns of the respective parties hereto. The terms, covenants, agreements and conditions in this Grant shall be construed as covenants running with the land. IN WITNESS WHERroF, the parties hereto have executed this Grant of Utilities Easement the day and year first above written. GRANTOR: A'M'EST: By STATE OF COLORADO ss. COUNTY OF AAA Pr.HOE Acknowledged before me this ___ day of------' 19 by, _____________ as a~ --~~--~----------~-------as ---------------------of Dodson-Thanas Investments. My Commission expires: A'M'EST: Gary R. Higbee, ex officio City Clerk-Treasurer • Notary Pllbl ic Address: GRANTEE: CIT'l OF Et«>L~()(X), COLORADO By __ _ Eugene L. ot1s, Mayor I • - t \ • • • ,. • STATE OF COLORADO COUNTY OF ARAPAHOE ss. Acknowledged before me this day of , 19 by lligene L. Otis as Mayor and GarYR."Higbee as ex off1cio City Clerk-Treasurer of the City of Englewood, Colorado. My Commission expires: Notary PUhbc Address: 3400 S. Elati Englewood, co 80110 • I . ( •' ( • OROINNCE NO . &~ SERIES OF 1985 • • • BY Al1I'HORITY COUNCIL BILL NO . 22 INTRODUCED BY COUN:IL MEMBER VOOEJDA 1\N OROINNCE APPROVlt-«; A CCNI'RACT BE'IWEEN THE STATE H!GiWAY DEPARn-lENT MD THE CITY OF EN:;L~ FOR EN:LOSURE OF THE CITY DI'OCH 1\S PART OF THE LI'M'LETON RAILROAD DEPRESSION PRO.JEX:T . WHE REAS , the City of Englewood and 'n'le State Department of Highways , Division o f Highways , entered in o a contract dated January 9 , 1984 r egarding the Li tleton Railroad Depression Project to relocate nd encl ose the City Di ch; and WHEREAS , the City of Englewood was to pay 43% of the cost and The State Highway Department was to pay 57% of the cost ; and WHEREAS , because of inst llation of the 54"/60 " system instead of the 36 " system , the oversizing costs were increased from $437 ,919 to $4 9 4,016 , a n increase of $56 ,097 ; and WHEREAS , by Resolution No. 28 , Series of 1984, passed August 6 , 1984 , Council amended the Water Enterprise E\J nd to accomnodate this increase ; and WHEREAS , by Ordinance No. 31 , Series of 1984 , the City adopted the first supplemen tal contr ct with 'n'le State Department of Highways amending the estimated costs and escrow conditions of th original contract ; and WH EREAS , The State Department of Highways has subni ted a subsequent "first supplenent 1 con tract " amending the "first supplenent 1 contract" as a tached to and made a par of Ordina nce No . 31 , Seri s of 1984, passed by Ci y Council August 20 , 1984; ~. THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF TH E CITY OF El'l;LEWOOO , COLORADO , 1\S FOU..a-IS: Sect ion 1. The City of Engl wood h reby a pproves and dopts the "fnst supplement l contr t" as amend by 'nle Sta e Department of Highways s is a t ched hereto and incorpor ed herein by r fer nee. Section 2. The C1 y Council hereby authorizes the Mayor to sign and the ex officio City Clerk-Treasurer to attest said "first supplenent 1 contr ct" as a tached hereto on behalf of th City Council and th Ci y of Englewood . Introduced, read in full , nd passed on first reading on the 1st day of April, 1985. • I • • - c ( • • .. • Published as a Bill for an Ordinance on the Jrd day of April, 1985. Read by title and passed on final reading on the 15th day of April, 1985. Published by title as Ordinance No. c!CJ. , Series of 1985, on the 17th day of April, 1985. E>Jgene L. Ot1s, Mayor Attest: ex officio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Ehglewood, COlorado, hereby certify that the above and foregoing is a true, accurate and canplete COP'f of the Ordina~sed on final reading and published by title as Ordinance No , Series of 1985. Gary R. Higbee • ---L~----------~~----------------~·~_.~----------~~L~n I • • ( ( • oooo v CC 10-007S -16 -SU PPLEMENT EO BY IXMU 007S(l4) ST I\T !/EN OLE WOOD CITY DITC II • • - CONTRI\CT THIS FIRST SUPPLEMENTIIL CONTRI\CT, ••de thlo day of ---------------------· 19 _____ • by and between the State of Colorado for the uoe and bener l t or THE STI\TE DEPI\R TME NT OF HICHWI\YS , DIV ISION OP' IIIOinii\YS, hereinafter referred to aa the State, and the CITY or ENG!,EWOOO, STI\TE OP' CO LORI\00, hereinafter referred to ao the contractor or Local 1\gency, WI~REI\S, auth ority ex lote In the Law and P'undo have been budqeted. appropriated and otherwloe ••de available and 1 oufficlent Nu•ber 2001, G/L 1\c co unt Nu ~ber 52046, Contr a ct Encu•brance Nu•bero 84619 and 84038 ; and WH!REII G, required approval , clearance and coordination hao been acco•pllohed fro~ and vlth ap prop riate aQ e ncleo ; and WHER!I\S, the State and Local 1\Q enc y entered into a contract dated January 9, 1984 h erelna ft ~r r•Cecred t o •• th e baoic contract and ••de a part hereof by r etec~nc~; and WHEREIIS , the bao lc co n t rAct atlpula PI fun dl nQ percentaqeo for the Incurred cooto of the w or~; a nd WHEREI\S, the lnc~rced coo te f o r the wo rk have increaoed ao dellnuted ln Par a rarh C hn rl n t•elow; a n ~ WHEREI\S, the par l e o h <<In ~eolre !or tho Incurred cooto of Project CC 10 -007 S-l6 t o be blll ed u nd er State P roject Nu•bec IXMU 007S(14)(Encu•bcance Nunbe r 8 4038 ); and WH ER!I\5, tht par tlea he r Pto de si re t o amend thio contract vlth reope c t to the ea t lner t d c~•·. r••panolbl lltle o and billlnq proceduru ; and WIII':RI':I\S, the rar l e o he r<to no w d co lre t n executP thio suppleMental contr act . NOW, THEREP'On , i t I t h rrr hy 1 9 r~e~: ~. The boo\c rontr•~l. u nl••• e rec lflc o lly ••ended or revile d hece ln ohal l r e~oln i n Cu l l Co r e e a nd e(f ect with reope ct to the contro r tuol relot1ona h1p betwe•n the pa rtie • hereto . • I • • ( ( • D. • • • o . On Pave l o[ the bo a lc contco c t . In Line 1 of tho t hi rd Wl~R~As. delete the word "controctlon• ond lubetltute therefor the word "_eonetructlon•. c . !tea 1. of the boelc controct ebetl be ••ended •• fottowo : (l) tn oubpoct A. delete tho tlvuco "11,000,4ot• end eubotltuta thecefoc "ll.lli.S61". (l) In oubpoct 8 . delate the flvuro "IS70.lll• end oubotltuto therefor "1643,210•. (l) In oubpoct C . delete tho flvuro "1430.176• end oubotltuto thecatoc "1415.211•. (4) In oubpoct D. delete the flvuco "17.743• end oubotltuto thecofoc "11.7JS•. (S) In oubpoct E . delate the flquce "14J7,t1t• end oubotltuto thotofoc "1494,016•. (6) Add • new pocavrapb •r• to !tea 1. paqe 2. •• followe : •r. It to hereby autuollr avcoed by the poctteo hereto that 111 bllllnvo to the Local Avency eholl be billed under Store Conotructlon Project Nuaboc IXMU 0075 (14) •• ltoa 2 .A. IESPONSIBILITI!S OP TilE LOCAL AGENCY oholl be aaondod •• foltowo : (1) Tbe flrot porovcoph ohott be ldontlflod •• oubpocovcopb •t•. end •••nded by ploctnv o period lftec the vord •contcoct• In line l end delotlnv the c• .. lnlnq pbcooo "oftor oc c optonce of tho focllltleo fcoa the &toto• fcoa llno l . !. The a!N!IAL PROVISIONS of poqa l lhlll be aaondod 11 f~llovo : (1) Tho oecond pocovroph of !tea l lhlll be oaended by delotlnv It ln lto en t irety end oubotltutlnv therefor : "Tbo Stote ••Y ••t• aonthly bl lllnve to tho Loco! Avoncr foe Incurred alnlaua ••ounte of lto .ooo (oac eptlnv the flnl! poyaent). -l - • I • • ( ( • • • .. .. (2) Il ea 4 oholl be ••en~e~ by ~el etlnq I t In Ito ontlrot y on~ ouobtltutlnq therefor : "4 . The Loeol Aq ency eholl realt to the Stole Ito ohoro of the coot within lO doyo the ••ount •• blllert •. (l) !tea 6 oholl be aaonded by deletlnq the flqure •e4 17,tlt• and aubatltutlnq therefor •e4t4,016". -l - • I • • • • • ,. • lN WtTNI':!i!; WIIERt::OF, the pa c tlce h eceto h.-ve ellec:utt-d thla contc•ct the day and y ear Cl c ot a bove written . ATTE ST : APP ROVI!:D : State Con t roller lly ATTEST : STATE OP COI.ORI\00 RI CIIIIID D. ~. COV!:RNOI DUANE lfOODIIRD Attorn•y O•necal ly LYNN OBf!RNYI!:R Pleat Aeeletant Attorney O•necal Natural Reeouccee S•ctton CITY OP ENGLf!IIOOD, COLORIIDO ly ----------- Ti tle ----------- -·- • I • • , ( • ORDINMCE NO . ~~ SERIES OF 1985 • • - BY Al!l'HORITY COONCIL OILL NO . 23 I NTROIXX:ED BY l L MEMB ER HIGDIIY APPROVI ~ SUPPLEMENT NO. 105 'ro SOUTHGATE SANITATION DISTRI CT'S AGREf.}1EN'!' WITH THE CITY OF El'lGL&JOOO 'ro INCLUDE ADDITIONAL LAND WITHIN THEIR DISTR ICT BOUNDARIES OF APPROXIMATELY 40.4 37 ACRES 'ro BE ZONED SI~E-FAMILY AND MULTI-FAMILY RESIDENTIAL. WHEREAS , Southgate Sanitation District desires to include approximately 40 .4 7 di ional acres within their Distric bound aries ; and WHEREAS, the additional land rezoning request will be Planned Development Residential for single-family and mul i-family residential for approximately 850 people; and WHEREAS, inclusion of this additional land does no t increase the tap allocation to the Sou hgate Sanitat ion Di strict ; and WHEREAS, it is necessary for said District to amend its agreement with the City to include this additional land; N<M, 'lliEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF TH E CIT Y OF E:r«;L~, COLORADO , AS FOLLCMS: Section 1. City Council of Eng lewood hereby approves the agreement entttled "SUpplemen t No. 105 to Connector's Agreemen " bet n Southgate Sanitation District and the City of Eng lewood , a copy of whi c h is att ched hereto and incorporated her in by refer nee. Section 2 . City Council hereby authorizes the Mayor to sign and ex of(tcto City Clerk-Treasurer to attest said agreement on h lf of City Council and the City of Englewood . In roduced , read in full , and passed on first reading on the 1st day of April, 1985 . 1 85. Published as a Bill for n Ordinance on the 3rd day of April, R by i tle and pas April , 1985. on final read ing on the 15th day of • I • • - • • • • - Published by title as Ordinance No. d.S , Serie s of 1985 , on he 17th da y of April , 1985 . Attest: Eugene L. Ot1s, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, here by 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 No.gQL_, Series of 1985. Gary R. Higbee I • - • • • ,. • SU PP !.E M!:IlT NO. TO CONNECTOR'S AGREEMENT THIS AGREEJ.1£NT, made and entered into by and between the CITY OF ENGI EWOOD, a cting by and thr ough Ita duly authorized Mayor and CJ y Clerk, hereinafter referred to a a •city, • and SOUTIIGAT£ S/1NlTATIO' DISTRICT, Arapahoe and Douglas Counti<!a, Colorado, hereinafter referred to •• •oiatrict,• WITNESSETH: WHEREAS , on the 20th day o f June, A.D. 1961, the City entered into a Co nnector'& Agr<!ement with the District concerning the connactton of the District oewer collection facilities to the City's oewage system, wh ich Connector's Agreement waa modified and amended by agreement dated the 4th day o't Apri 1, 1966; and WJIERF.AS, said agreement and modt f ic8tion thereof provided that additional service areas could be included within the limito of the District with the written c o nsent of the City; NOW , THI:Rf.FC'RE, in con sider. !on of the prem10es and o f the mutual covcnan b o t the parties heretr, 1 t is agreed as f ollows r 1. The Cl y d oes hereby con•ent tn he incluston o f the additional areoa, Sl tuate in the County o ! Ar paho e, State of Colorado, describ~d aa follows, to wit: Prop.,rty Owner: Pro perty D scription: Stote ot Colorado acttng by ond through the S otP Soa rd o ! Lar.d Com.nus1ionera As mo r fully described t n Exhibtt A a t~c h d hereto and i nco rpo rated heretn y referenc . into Southgate Sanitattcn District, and agr.,eo that said additional area may be served with the aewer facilitiea of the Dl&trtct, and hat thP Ct y w1ll tr at the sewage discharged Into the City'o r unk ltne fr om sa1d addlttonal area, all in accordance Wlth the Connector's ~greeT~nt ~~t d June 20, 1961, and the "'od•!t ca tlon thereof datf'd th Hh da y o! April, 1• 6, between th< Ct y and thf' Dtotncl. AC' o rd>nqly, Exhtblt A r ferrf'd n !n rar~?rerh I o t the ~od tflCA l l n n to he Connec t o r'& I • • - • • • • .. - Aqr@@ment doted the 4 th day of Apr il , 1966, 1s here b y •~e nded to include the additional area as set f orth her~inabove. 2. Each and avery other provision of the Modification to the Connector' a Agreement dated the 4th day ot April, 1966, shall remain unchanged , IN WITNESS WHEREOF, the parties have caused their names and seala to be hereunto subscribed and affixed this ____ day of -------· 1905, ATTE:iTI CITY CLERX (SEAL I ATTt:ST : SECRETARY (SEAL I MAYOR SOVTHGATE SANITATION DISTRICT ARAPAHOE AND DOUGLAS COUNTIES, COLORADO By 0P0RErs~r~o'-tO.N~T;------------------- -2- I • • - ( . • • • .. • EXHIBIT A The Ncrtheast l/4 ot the Northwest 1/4 ~f Section 16, ;own&hip 6 Sou~h. Ranqe 6 7 ~;cat of the 6th P .H., Oouq1aa County, Colorado, described •• fo1lowa• Beqinn!nq at the North 1/~ corner o! oald Section 16: th•nce Sou~h !'1°12'50" Weot, a dlstllnce ot 1338.92 ff'et 1 :he nce ".:>rth 88 •2e • 29 • We at, a distance ot 1319.1f feet; :hence North 01°08'5 6 • East, a distance of 1JJ ). !J ft'.,t: thence South 88°51'23" Eut, a disunce or 1)10.65 feet to the point ot beqlnninq. Descr1bed parcel contain& 40 .4J7 acrea, mo re or leas. • I • • • • ~ ..... i::; ~ I ,z• ~~ I ~ ,' -..J ,, , ' .... ___ , \ \ ' ' \ ~ 'Ot.'E. TRE ._;Ot,NTRY l • flF \ \ *" ·~ .r ~ : ·.l '(~ -1& .. I f ~ I ' <: , I trz'S ·. '---, I , 'I "' j . ,I , ' l • , 1 r ...J£..7""'! ~ .: --~.,: ~~-: . -·2\1 ' ~'' I ... _ 1 l .. ~-·~.- \ ~- \ ... . ' \ I · i~--------o--7 6-----··-! -· ~ _.., r -• ~ '-•~ -I · ! ... ~-~--. "• -<"~1 ,·' .:·~ -"··\i''' ~+ ".!~ .. ·--:---'~~~.-;~ .... ·li'l l •·r "1.' l. ... · J;-,~~'1 • ! I · ~ > ··".,--\ I 1 ,, • 'A '7.. 1 I . . . ·rv, , ' ''----, ~ \ I 1 ,, , ' ----L ' " I I ,' I '' ··~ 1 ~ t L , ~riCK 1 I 1 . :--... r ' J'" I ... 1 I '• ' r"'rE !~ 1 ~. 1.._,2 a , J • ,-' LrMC ' ' ij • ", .,,, ~ , V" I !II I .. ' I 4-• , 1' ~-~~'7:'1 \ • I" I I " , '"·· ~-. -.... ,_, ,, .. ~,' i ./~___,_; 4' / ... ,,'\ -~. ··, • ' I \' I "/. _!; ·~ 6 • ~ 1 , \ . I I J --~ ', __... ' .. I ' ' -·. ' -.. . • ~ ' \ I 'I • ', • > ' ' ' . I ' ' .. ' J:', I ,., .. '• ' ' ' 00£ ~ A I ,·, ' ; ., I ~ ' ' \ ' ' --_..-~~ "'"' E ... · '• I ----' 9 • I , ' I. ', •• --~ . ~- , I I , '-1 [(I I A ' ure E c ~ • • • \ \ _, '· ..... / n -. 10[ O t(.V •' £220 L \ I LEGEND OISJR ICT BOU I ..... r nml!ll ' I . . ,PRE~S U RE ZO EXISTING 'NAT! I fROPOSED ~ ,'cLOSED VAL~ l'ffl\ IUeur ~r E-: I f~& \Us;sJJri E~t ~ (~.uttong ~, ...... ,.. ' qc;o \t ~v.'('lr"' ~'"\ ... 0 t··. \un r ](ll I~~ J ., I • • - •' (I 98 -A • ( • • • • 9 --- 16 • I . ' ~1)"\c.,·."•\" ~: \.,,.t ' .. ,~ ... tr . ! I . • (I (I ( • .. ORDINAtCE 00. &4 SERIES IF 1985 • • • BY AlJI'HORITY <XlJOCIL BILL NO. 24 I tfi'R(X)(.X:ID BY CClJOC I L MEMBER BRADSHAW AN ORDINAtCE APPROVING stJPPl.!MfNl" t«>. 10 'ro 'niE ~RS AGREE- Mmr BE'IWEEN 'nfE CITY IF DQ.l!WOOD AN> GREDIWOOD VILLAGE S&fER GmERAL IM~ DISTRICT t«>. 1 ro IICUDE AN AOOITIONAL ACRE IF LAt1> WI'nfiN 'nfE DISTRICT BCXHlMIES. WHERFA<;, Greenwood Village Sewer General Improvement District No. 1 desires to inclOOe and additional acre of larrl within the District boundaries; arrl WHEREAS, said additional larrl is surrounded by the District and can be served by the District sewers; and WHEREAS, inclusion of this land will not increase the tap allocation to the Greenwood Village Sewer General DnP£ovement District No. 1; ~, 'ntEREFORE, BE IT ORO.\ INED BY 'niE CITY CClJOC IL IF 'nfE CITY IF EIG.DKKX>, COLORADO, AS ~: Section 1. City council of Qlglewood hereby approves the agreement ent1 tled "Greenwood Village sewer General DnP£ovement District No . 1 SUpplement No. 10 to City of Qlglewood COnnectors Agreement sewer Contract No. 12" between Greenwood Village Sewer General Improvement District No. 1 arrl the City of Qlglewood. Section 2. City COuncil hereby authorizes the Mayor to sign and the ex officio City Clerk-Treasurer to attest said agreement on behalf of the City of Qlglewood and the City COuncil. Introduced, read in full, and passed on first reading on the 1st day of April, 1985. Published as a Bill for an Ordinance on the 3rd day of April, 1985. Read by title arrl passed on final reading on the 15th day of April, 1985. • I • • ,, • • • - the Published by title as Ordinance No.d, Series of 1985, on 17th day of ~il, 1985. Attest: Eugene L. Otis, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Fhglewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the Ordinance_jla.Jised on final reading and published by title as Ordinance No.~, Series of 1985. Gary R. Higbee • I • • • • • - GREENWOOD VILLAGE S£h"J:I< GENERAL IMPI<OV&MENT DISTRICT NO. 1 SUPPLEKI:NT NO. 10 TO CITY OF ENGLEWOOD CONI>ECTORS ACREDU:NT SEI."ER C_ONTJIACT NO. 12 THIS AGREEMENT aade end entered into by end between the CITY or ENGLEWOOD, acting by end through ita duly authorized Mayor end City Clerk, hereinafter referred to •• "City", and GREENWOOD VILLAGE SEWER GENERAL lMPkOVEKENT DISTRICT NO. 1, Arapahoe County, Colorado, hereinafter referred to •• "Dietrict•, WITVESSETH THATa WHEREAS, on the firet day of Hay 1969, the City entered into a Connectora Agre ... nt with the Dietrict concerning the connec- tion of the Dietrict'a eewer collection facilitiee to the .City'a eewage eyat .. , end WHEREAS, eeid Agree~ant provided that additional eervice ereaa could ba included within the limite of the District Wlth the written conaent of the Cityr •••d WHEREAS, eaid Dietrict haa included by etatutory procedure the following deecribed lends within ita boundarieer NOW, TH~REFORE, in coneideretion of the premiaea end the •utual covenanta of the partiea hereto, it ia agreed •• follovaa 1. That the City doea hereby coua .. nt to the incluaion of the following deecribad additional landa within th~ bounderiea of eaid Diatrict, ell eituete within the County of Arapahoe, State of Colorado, to witt Petitioner• or OWnerar Cordon L . Allott, Jr . and Ann Allott, 1550 Cherryville Road, Littleton, Colorado 80121 ~gal Des c ription That part of Plota 6 and 8, CHERRYVILLE HEIGHTS SUBDIVISION, together wi th that part of Strawb rry Lane aa soon on the Plat of Che rryv i lle He ights Subdiv1aion, deacribed as followa : Beguming at the Northeast corner of aaid Plot 6r thenco: Southerly along the Eaat 1•••• of a .. id Plot 6, a d1&tance of J4J.JS teat to a point on the South line of Strawberry Laner the nce ~eatkrly along eaid South l1ne, a • I • • • • • • . ' - dietence of 1£1.14 feet, thence Northeaet~rly at en anvle to the rivht of 101"~7·~o· e d1etence of l~O.IO feet to the ~orth line of Plot '' thence Eaeterly alonv ea1d ~orth 11na a die~ance of 104.02 feet to the point of bevtnntnv, in the County of Ara~ehoe, State of Colorado. 2. ~hat the City hereby avreee that eaid additional area .ay be eerved vi~h the ex1etinv eever facilitiee of eaid Dietriet, and that the City will treat the eeweve diecharved into the Dietrict'e eanitary aevave ayat .. and into the City'• trunk line froa aaid additional area, all in accordance with the Connector• Agroe .. nt between the City and the Diatrict and the rulea and revulationa voverning auch aattara proaulvated by the City. J. That each and avery other proviaion of eaid Connector• Agr .... nt ehall r ... tnad unchanved. IW WITNESS WHEREOF, the partiee have aet their banda and eeala thia ~ day of ATTEST a clt.y cier' IlEAL I ATTEST a --~MA~RC~H~-----• 1tl~. CITY OF ENGLEWOOD By ~M~a~y~o~r~---------------------- GREEWOOD VILLAGE SEVER GDIEIUU. IMPROVEMEWT DISTRICT ~0. 1 By~~ chai~n of ihe ~oard c~~ £4._) ....a,_.) IlEAL I -2 - • I • • • • . • • • - C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJECT StX-Q ARTER B DGET April 10, 198 5 I /(a..-) APRIL, 1985 THROUGH OCTOBER, 1986 INITIATED BY Cilv Manager ACTION PROPOSED Consideration of adopting a r esolution for the Six- Quarter Budge -April, 1985 through Octob r, 1986. Th e Public Improv men Fund (PIP) Six-Quar r Budge process was adopt d in the sum mer of 1973. The essence of the Six-Quart r Budget is that the City has a continuing budq which ext nds one - and-one-half y ars in o he fu ure. Every quar er, the Ci y Council rev ie w s and analyzes this udge , and if pro) c s are dela y ed du o unav oidable circumst nces , hey are dropped back in his udge , whil ptojec ts ready o o are moved for ward . The most curr nt r v nue orecas s re use , and if add i ional funds become av ilable, specific projec e move for ward nd compl ed ah ad of schedule or a new or emergency proJect may b ad d . ~!.!_l~-~!::t_C~--k projec w.t s incre s d y $153,618 from $510,920 to $6 4,S3B 1n h second qu r er or future cos s r 1 d o his proJect. Th a funds re available from he De en ion Pond prOJPC bat nc whic were l1quida ed o he PIP fund b lance a he Pni of 1 84 . Th follo w ing proJeC becaus hey wer no fun s w r ne ded at Do wn o wn Drainag nd r turned to the PIF fund bal nee his ime: Traf ic Improvemen s 5122 .123 Roa and Bridge R,OOO Pis ol Range 29,99 EDDA watl<-thr u/w e t si e --~I!.!..E~ TOTAL $I 8,6 4 • I • • • • • • .. Page 2 ~~~~~~l~~-~~~-~~ projec received $14g,ooo in the third quarter to pay project costs . These funds are from the project bond interes b ing h~ld ln t h e PIF fund balance. ~~~l~g_~l!!~l£!-~~~-~~ v as reduced by $4 0,000 f rom $400,0 00 o $360,000 in he second quarter since the Ci y's share is es imated o b leas than or1ginally budg ed . ~~~~-~~~~~~l -~~~~~~~t ~-~~~1~S-! re ceived funds in the amoun of $2,37 ,000 in the second quar er for Engle wood Par k way and Li le Dry C r k . South Platt Tra il is a n e w p r ojec t to construct the concrete trai1 -ai~;g --h;-g~lf co urs e . $100,000 w as budge ed i n he second quarter which is l a er to be reimbursed by the 5 ate Trails Fun d . ~~~~-~-~1~9~-~~~1~£~ is th e annu 1 seal pr o gram. In he third quar r, do his work i n ac co rdance w ith the sphalt overlay and chip $4 00 ,000 is budgeted to 198~ five-year program . ~£~~l-~~~~~£!!_!~9l~~!~ re ceived $40,000 i n t he th i rd quarter to pay salary and fringe bene its for this temporary position wh i ch is helping on various Ci y projec t s . As of March 31, 1 985, urF Fund Balanc $3 13.00 The resolu ion wh ich adjusts the Pu blic Improvemen Fund as described above is a ta ched for your consideration . SUGGESTED ACTION: MOVED BY ------------------------------- SECOND --------------------------------- YES _____________ NO ____________ ~BSENT __________________________ __ • I • • • • • • / RESOLUTION • ~~ ScriE>s of 198 5 __ _ A RESOLUTION 1\MENDI NG 'lli F. PUBLIC IMPROVE71ENT FUND. ~~CREAS , Ci y Council of th City of Englewood , Colorado, desir s o make rtain changes wi hin th Public Irrprovernen Fund; OCM , 'lliEREFORE, BE IT RESOLVID , by the Ci y Council of he Ci y of Englewood, Colorado , as follows: 1985. A'M'EST: Section 1. The following estimated revenu es and appropria ions of funds are hereby made i n the Public Improvement Fund: Source of Fund s Fund Balance Special Construction Fund State Trail System Fund Additional Tax Revenue 1st Qtr 1985 Application of Funds 18 Down town Drainage & Traffic Impvts 31 Road and Bridge 78 Pistol Rang e 92 EDDA Walkthrough -Wes Side 82 New City Hall Library 28 Paving Dis rict t30 94 Englewood Recreation Cen er 91 Urban Renewal Authori y Projects Sou h Platte Trail 16 Returning De ention Pond Balance to Little Dry Creek TOTAL Sec ion 2. $ 1 ,880,000 100 ,000 73 ,974 $ 2 ,053 ,97 4 $ (122 ,323) ( 8 ,000) ( 29 ,996) ( 28 ,325) (499 ,000) ( 40 ,000) 149 ,000 2 ,379 ,000 100 ,000 153 ,618 ----------$ 2,053,974 -------- 'Ihe Ci y Manager and Direc or of Finance are hereby authorized to make the above changes o the 1985 budg of the Ci ty of Englewood. ADOPTED AND APPROVED his day of ------ fllgene L. Otis , Mayor ex officio City Clerk-Treasurer • I • • • - • - Sl• ~ BIIXXT Arrll I 8~ -~r. l9A6 = f:)(p WOJ 2M) )RI) 4Tif TO'T'-l. lSI' '"" I'IV I 1\1'1'110 lW.. liAL O'l'R O'l'R O'l'R """"" ()':'> J"' :--<> ~ r ..... o. r.T._O__: 01.}1·!'! ~ !_~ 19PS lQ~ ~ !186 l f· 01 <· 41,,1')00 41 4 ,Ul $ 401 , Al4q 6,';\2 s 0 0 $ s , .. , "00, !100 1,0'),24, 1 ,4)2 ,004 'l), 242 6j;4,538 0 1,1""C.,4')Q 4'0 , 1~ BC,OOO 14!,1)0() 10 ,~11 122, )21 (121,}21) 0 0 (I 2,)211 r l~,ooo n<,o~ 111, 11JO 21,qo 0 0 0 0 0 0 l,OI .000 "'M't,l'n "11 ,ee:-.9 4,J'qJ 0 0 0 0 0 0 ,000 , .... ~ A f·40,4 "tl 12 , l!J7 1,000) 21~.000 0 ,.,~. ,. 0 0 4 l0,000 m.'IOO 1\,8~ "tt.(),4 '00 l'~.·~ 0 0 0 0 0 0 0 1,100,1)(!0 1,10<,9•6 1,097 ,7S 1,2}1 0 0 0 0 0 0 1;>11,000 100, 20: (l~. 251 0 so.ooo 0 so ,ooo 0 '0.000 t '1,000 ' ,000 4 2'1 ,'1% (2'1,996) 0 0 !2'!,.96) 0 0 0 JJ,OOO 1,000 31,000 2,000 0 0 0 0 0 0 0 100,000 100,000 D 100,000 0 D 0 100 ,000 0 0 0 4, 4\,000 4, '5,000 4 ,fi ll,«-l~ 42,468 u •.ooo 0 0 149 ,000 D 0 0 ,000 f>O,IlOO )00 s•. "lli 0 0 0 0 0 0 0 llt',OOO 11"-,noo t.,,., ·s 28, 12~ (28 , 32'1 0 G (28, '25) 0 0 0 \,SOO,OOO ,,r·••.• ·o l,OQ4. no D 2 ,379 ,000 0 0 2.31.,000 0 0 0 '· '«! 1,400 2,Q10 470 0 0 0 0 0 0 0 " . 1, •~.ooo l.t4' ,61 4 1,71 •• ~]· ~. 71!) 0 0 0 0 0 0 0 ~· ,MO HO,OOO ]1!,,000 8D,MO 0 0 0 0 0 0 0 P4 104,7\0 104 , "0 Hl , -,4 ') 08.~ I 0 0 0 0 0 0 0 es II 4'),000 40,000 )(J,JS7 9 , 41 D 0 0 0 0 0 0 100,000 100,000 0 100,000 0 0 0 0 0 0 0 tl'J,ono 1'>,000 0 5,000 160,000 0 0 ,000 0 0 ~ f,ll,noo 5~.0<1'> 1* .·.2~ ,4 0 0 0 ,41110 0 4. 100,000 0 0 0 0 0 100,000 100,000 0 0 25,000 24 ,' ' 0 24 , ., 0 0 0 0 0 0 125,000 115,000 1,44 0 171,!>1-0 0 0 0 0 0 0 51P,OOO '11 ,1)()() 511,0110 0 (409 ,000) 0 0 0 0 0 l 1,f41 1~1,ft 0 lU,64 0 0 0 0 0 0 400 ,000 0 0 0 0 0 0 0 4 ')(1,000 0 11 14 ,000 14,000 14,117 (''11) 0 0 0 0 0 0 100,000 0 0 0 100,000 0 0 0 0 0 ---------------• QN ,-rrAJ. 21, l'J,lctt ~P.ltll, 9'1 llC.,c;!.l,H~ st,c.-. ,6-tl $2,964,894 $ ))5 ,000 $ l ,00'0 S4SO,OOO $ 4 '\0, 44 .ono ·········--··-····· --·-·· • • C 0 U N C I L DATE A r!J 8 1985 • • - C 0 M M U N I C A T I 0 AGENDA ITEM I I ( b SUBJECT A R zoning Appli ca ion for 3511 South Downing Stree t filed by Jam s Plummer . INITIATED BY City Planning and Zoning Commission ACTION PROPOSED R ccive and review the Commission 's favorable r ecommendation o n the rezonin a lication and set a date for a Public H ~a rin . BACKGROUND: A rezoning application wa s fil d by Mr. Jam s Plummer for his property at 3511 So uth Downing Street . The application was filed February 5, 1985, with the Department of Commu nity Development, and th City Planning and Zoning Commission held a Publi c Hearing to consider the r equest on March 19, 1985. Mr . Plummer requested that his prope rty be rezoned from R-2 Medium Density R sidcnce District to B-2, Business . Mr. Plummer intends to us th proper ty for additional parking for Fratelli 's Restaurant which he also own s. Frat lli 's Js to the east of the subjec t site across South Downing Street. During th Public H aring , te timonv was r c iv d from the applicant and from hree businessmen in th vicfnit s upporting the rezoning. Mr . Plummer submitt d state- ment s from five property owners and s v n tenants ln the reside ntial ar a to he south s tating they had no obj c ion to th rezoning. o persons testifi d against th re-zo ning. Th City Council is th final approving authority and is requir d to hold a puhll~ hearing before r aching a d cision on th request. Attached i s th Commission 's FindlnR of ~act , th • applica tion, th 1 tters lro r !dents In th an•a , a s l t plan whi h indicatps wh t '1r. Plummer would I Ike to do with th subj ct s it , and the staff report. RECOfoiME DATION Acceptance and review of the Planning & Zoning Commission's proposed rezoning of property at 3511 South Down1ng and that Council set publ1c hearing and amend the Comprehensive Zoning Map s i relates t o the property . • I • • - • • • • CIIY I'LfiN!~lNG AND ZONING COH!'ilSSION C:l TY OF ENGLEWOOO , COLORADO TilE MATTER Of C:ASI" NI IMIIER 5-85 rJNOWGS OF FACT , r.n C:l.l iSIONS, AND RECOMMENDATlO S Rfl.fiTI . c: TO THE APPLICATION TO RI:7.C1NI : A \.ERTAJN PARCEL OF LANn IN TilE CITY OF EN GLEI.JOOD , COLORADO. FILEn BY: James L . and Carol .J. Plummer) 1200 F.ast Hampden Avenue Englewood , Colorado 80110 FOR PROPE RTY LOCATED AT: 3511 South Downing Street Englewood, Colorado 80110 This matter came before the City Planning and Zoning Commission on March 19, 1985, upon the application of James L . and Carol J. Plummer, who are the prop rty owners of 3511 South Downing Street. Th application is a request to rezone the subject site from R-2, Medium-Density Residence District to B-2, Busin ess District. Th ose members of the City Planning and Zoning Commission wh o were present were: Mess rs . Carson, Magnuson, Venard, Sto 1 , a nd McBrayer. Messrs. Barbre , Beier and Allen were absent. The applicant, Mr. James Plummer, and his a tto rney, Nr . Frank Cristiano, were present and gave testimony and evid nee to the Planning Commission. The staff report and testimony w re r ece i ved by the Commission and incorporated into the record of t he Public Hearing. After considering statements of the witnesses and reviewing th necessary docum nts, the members of the City Planning a nd Zoning Commission mad the following findings and conclusions: FINDINGS OF FACT 1 . That the public hearing was initiated by the filing of an application on February 8, 1985, to r equest a rezoning for the property at 3511 South D wnin Street from R-2, Medium-Density Resid nee to B-2, Business District. 2. 3. 4 . That th notic of th public h arinr was i ven in th th offi ial City newspaper, on Fe ruary 27 , 1985, posted for not 1 ss than fift en days prior t o the hearin . l • That the area which was con idered i d scribed as: Lots 44, 45, and 46, Block 1, Hi gins South Broadwav HciRhts Subdivision , incl uding the east half of th alley and th w st h.lf of South Downing Street adjac nt to said Lots 44, 45, and 46. That the applicants are the property own rs of the subj c t pr ope rt y described above, x c luding th publi c ri ghts-of-way . • I • - • • • • - -2- 5. Thnt Mr. nnd Mrs. Plummer also 0~1 rratelli's Restaurant, which is direc tly a s t f the subjec t sit across South Do~ing Stree t; and the Plumm rs would like to expand the s ating capacity of the restaurant du to the succe s of th e business. How ver, they ar unable to provide for the required off-stree t parking on the restaurant site and have not b en able to acquire additional property f o r parking on the east side of South Do~ing St re t. 6 . That the applicants bought th e property at Do~ing Street with the intent of providin additional parking for the business . 7. That under the present zone classification, off-street parking is not a permitt d principal use and for this reas on , the Plumm rs hav e requested a change in the zone classif ication. 8. That the subject site was a part of Ann exat ion Ordinance 62 of 1946 and the present zoning, R-2, Medium-Density R sidence was imposed in 1963. 9. That three businessm n in th vicinity, Mr. Richard Nelson, Mr. ess Crane and Mr. Ray Canault, testified in support of the rezoning and stated that many of the restaurant cus tom e rs take away off-s treet parking from other businesses in the area by using their parking lots. All three testified if the parking lot is built, it will provide for addit ional parking and relieve an existing hazardous situation of restaurant customers' crossing East Hampden Avenue mid-block to get to Fratelli's. 10. That five property o~ers and seven tenants in the R-2 neighborhood to the south si ned statements indicating th ey had no objection t o the proposed r zoning , whi ch statements wer present d to the Commission. 11. That no persons present gave testimony opposing the rezoning. 12. That the Comprehensive Plan identifi es the subject site withi n the area b tween East Hampden Avenue and U. S. 285 , and between South Logan Str et and South Lafayette Street as a commercial corridor for mixed-use d v lop- m nt. 13. That th analysis and recommendation of the Planning staff wer in favor of the rezoning based on the policies of the Comprehensive Plan for the East Hampden corridor. CONCLUSIONS 1. Th a prop r notic was given of the publi hearing whi c h was held ~r c h 19, 1985. 2. 3. That th application filed by Hr. and Mrs. Plumm r requesting th pro p rty at 3511 South Do~ing Stre t, and more partic ularly d scribed as f o llows: L ts 44, 45 and 46, Block 1, Higgins Br o.Jdway Heights including th east half of th alley and th west half of South Downing Street acl j a c cnt to said Lots 44, 45, and 4 , be rezon d from R-2, Medium-Density Resid nc District to B-2, Business Distri c t. That the r zoning request is consistent with the Comprehensive Plan which identifi s th area between East Hampden Avenu and U. S. 285 and between South Logan Street and South Lafoy ttc Str et as a commer c ial co rridor o r • I • - • • • •' • -3- a mixed usc d~vclopmcnt . 4. That the proposed rezoning will be compatible with the adjac ent area and will be a n extension o f the B-2, Busines s District. RECOMHEI'iDATION Therefore, it is the n·o ·o•nm .. ·oul.1tion of the City Planning and Zoning Commission t o the En glew ood City r .. ,,,·ll thnt the application of Mr. and Mrs. Plummer f o r a rezoninr, from R-2 . ~t,•ol luon -nensity Residen ce District, to 8-2, Business District for th propcrt y .11 1'>11 South Downing Street, more particularly described as Lot 44, 4 5 anol '•"· 1\lock 1, Higgins Broadway Hei g hts inc-luding the east half of the ,,]Icy .onol t foe west half of South Downing Street adjacent to said Lots 44, 45 .1nd 46, fw :.pproved. Upon a vote of the Commission on a motion made by Mr. McBrayer and seconded by Mr. Carson , the followinr, members voted in favor of the rezoning: Messrs. Carson, Venard, Stoel and Mc Brayer. Mr. Magnuson voted in opposition to the motion. These Decisions and these Findings of Fact and Conclusions are effective as of the meeting of the City Planning and Zoning Commission held on April 2, 1985. By Order of the City Planning and Zoning Commission. Gerry G. Venard Chairman I • • - • • • • • • - Department of Community Development City of Englewood, Colorado TO WHOM IT MAY CONCERN : JJ\1-lES L . PLUMMER and CAROL J. PLUMMER, who are the o wners o!'. the property located at 3511 s. Downing , Enqlewood, Colorado , are filing their Application for Rezoning to the City of Ennle- wood , Colorado, in which they are propo si no that said property be rezoned from R-2 to B-2 in order to allow them to convert said proper y into parki n g spaces for customers of the restau- rant and pizzaria known as "Fratel li 's ", and wh i ch is directly across the street from said property. We, /,~I~.,. I -, d I / f .,.,, . an 1 , , J ~-I "" r I the undersigned OWNERS of the property located at I , .. (I /. l·.•hi ch is located near subject it to the (north) (sou th) (cast ) (west)have NO ob j ect i ons to th is proposal for rezoning. CO~WENTS : The prope rty immediately adjoi n i ng subject pro perty o n the north and acros s the street ar Zoned B-2; and we feel that it is in the be s t i ntere s ts of the ne ig hborhood for subject property to be rezoned to B-2. Date=--------~~~{_··-~------------ \ I ( ' ~ ' C\ 'I I ' ,-I· Owner Owner • I • • - • • • • • - Department of Community Development City of Enqlewood, Colorado TO WII Ot-1 IT MAY CONCERN: JAMES L. PLUMHER and CAROL J. PLUMMER , who are the owner s of the property located at 3511 s. Downi n g , Enqlewood , Colorado, are filinq their Application for Rezoning to the City of Engle- wood, Colorado, in which they are proposinq that sa id property be rezoned from R-2 to B-2 in order to allow them to convert said property into parkinq spaces for customers of the restau- rant and pizzaria known as "Fratelli's", and which is directly acros s the street from said property . We, the and ff) /" ,y,,,,?. I undersigned ~ of the property located at I?, s· z_ "3 ,{ )r '{ t which is located near subj ct site the (north) (south) (ea st ) (west) have NO obJections to this proposal for rezoning. CO~~E TS: Th property immediately adjoining subject property on lhe north and across the street are Zoned B-2; and we feel that il 1s in the be st in tere sts of the neighborhood for su bject property to be rezoned to B-2. Date< p;. I -· I /, (I 7 ,__/ I • • - • • • • • - Department of Community Development C1ty of Englewood , Colorado TO WH OM IT MAY CONCERN : JAMES L. PLUMMER and CAROL J. PLUMMER , who are the owner s o f the property located at 3511 s. Downing, Enqlewood, Colorado , are filing their Application for Rezoninq to the City of Engle- wood, Colorado, in which they are propo sinq that said property be rezoned from R-2 to B-2 in order to allow them to convert said property into parkinq spaces for customers of the restau- rant and pizzaria known as "Fratel l1 's", and which is directly across the street from said property. /' We, 1(.1.-,,i {' f'. {,, '1..~¢/?= and ,I • / ( < 1 7 ' C' ' l t ret )'/'' 7 the undersigned ~ of the property located at '' ,c; 7 ,· , c Hc-o )"1 / 1·u ? which is located near ~b j ec to the (north } (sou h) (east) (west)have NO objections t o his proposal for rezoning. COf.l.f>tENTS : The property immediately adjoining su b j ect property on the north and across the str e are zoned B-2; and w feel that it i in the best i ntere sts of the ne ighb or h ood for subject property to be rezoned to B-2. / Date: ________________________ __ owner (/\1 owner ~ ' • I • • • • • • - Department of Community Developme nt Ci t y o f Englewoo d, Colorado TO 1-.'11 M IT NAY CONCERN : Jl\NES L . PLUNMER and CAROL J. PLUMMER , who are the owners o f the property located at 3511 s . Downing, Enqlewood, Colorado, arc f1ling their Applicat1on for Rezoning to the City of Enqle- wood, Colorado, in which they are proposinq that said property be rezoned from R-2 to B-2 fn order to allow them to convert s aid property into parkinq spaces for customers of the restau- rant a n d p i zzaria known as "}-rat.elli's", and which is directly a c ross the street from said proper y. o the (north) (south) (east ) (west)have NO object i ons to this proposal for rezoning. CO ~U lE TS : The property immediately adjoining subject property on the n o rth and across the street are Zoned B-2; and we feel tha 1 t is 1 n the best interest s of the ne i ghborhood for s ub j ect pro p er ty to be r ezo ned to B-2. Date: ______ _,~--~---'-~--~--------- I ' /'' If! ( ,', Owner • I • • • • • • - Department of Community Development City o! Enql woo d , Colorado TO WHOM IT MAY CONCERN: JAMES L. PLUMMER and CAROL J. PLUMMER, who are the owners of the property locate d at 3511 s. Downing, Enqlewood, Colorado , are filing their Application for Rezoninq to the City of Enole- wood, Colorado, in which they are proposi no that said property be rezoned from R-2 to B-2 in order to allow them to convert said property into parking spaces for customers of the restau- rant and pizzaria known as "Frate! 1 's ", and wh ich is directly across the street from said property. We, ~{: .J' "--'~))I · .. and the undersigned OWNERS of the property located at t: " r -Ic t II;, t f r to the (north) (south) (east) (west)have NO object1ons to this proposal for rezoning. COMI-1ENTS: 'l'he property immediately ad j oining subjec t property on the north and across the stree are Zoned B-2; and we feel that it is in the be s t inter s ts of the neighborhood for subject property to be rezoned to B-2. II Owner • I • • ' • • • - Department of Community Development C1ty of Engl wood , Colorado TO WH OM IT Ml\Y CONCERN: JAMES L. PLUMf.lER and CAROL ,J. PLUMMER, who are the owners o ~ the property located at 3511 S. Downing, Enqlewood, Colorado, are filing their Application for Rezoning to the City of Engle- wood, Colorado , in which they are proposinq that said property be rezoned from R-2 to B-2 in order to allow them to convert said property into parking spaces for customers of the restau- rant and pizzaria known as "Fratelli's", and which is directly across the street from said property. We, .i~MPl) and F2NJvv r the undersigned ~ of the property located at • ;, _j/,:r-s~ . 0c"""""-..,..;..7 -r·-{, [7 (_ (east) (we st )have NO objections to this proposal for rezoning. CO}WENTS: The property immediately adjoining subject property on the north and across the s tree are Zoned B-2; and we feel that it is in the best interests of the neighborhood for subject property to be rezoned to B-2. Date: ___ /_-~/-=~-·~~)--~) ______ __ /J J/L Owner • I • • / • • • - Department of Community Development City of Englewood, Colorado TO WH OM IT MAY CO NCERN: JAMES L. PLUMMER and CAROL J. PLUMMER, who are the owners of the property located at 3511 S. Downing, Enqlewood , Colorado, are filing their Application for Rezoning to the City of Engle- wood, Colorado, in which they are propo sinq that sai d property be rezoned from R-2 to B-2 in order to allow them to convert said property into parking space s for customers of the restau- rant and pizzaria known ras "Fratel li 's ", an d wh i ch is directly property. We, and ------------------------------ property located at Date: ________________________ _ '?>ilirier Owner I • • • • • - Department of Community Development Cjty of Englewood , Colorado TO WHOM IT MAY CONCERN: JAMES L. PLUM~lER and CAROL J . PLUMMER , who are the owners of the property located at 3511 S. Downing , En qlewood, Colorado , are filing their Application for Rezoning to the City of En~le wood, Colorado , in which they ar proposinq that said property be rezoned from R-2 to B-2 in order to allow them to convert said property into parking spaces for custo m ~rs o f the restau- rant and pizzaria known as "Frat lli 's ", and which is directly across the street We , the which (east) (west)have NO objection s to this proposal for rezoning. CO~~ENTS: The property immediately adjo i ning subject property on the north and across the s reet are Zoned B-2; and we feel tha it is in the best interests of the neighborhood for subject property to be rezoned to B-2. Owner I • • • • • • • Department of Community Development City of Englewood, Colorado TO WHOM IT MAY CONCER N: JAMES l.. PLUM.t-1ER and CAROL J. PLUMMER, who are the owners of the property located at 3511 s. Downing, Enqlewood, Colorado , are filing their Application for Rezoning to the City of Engle- wood, Colorado, in which they are proposinq that said property be rezoned from R-2 to B-2 in order to allow them to convert said property into parking spaces for customers of the restau- rant and pizzaria known as "Fratell1's", and which is directly acros s the street from said property. w , th 0 s )have NO objection s to t TS: Th property immediate ly a h north and across the str 1 1n the be s t interes s o p o rty to be rezoned to B-2. Date: $!2 7!JP) Owner (/ Owner • or ubjec I f I • • • • • • ,. .. Department of Community Development City of Englewood, Colorado TO WH OM IT MAY CONCERN: JAMES L. PLUMMER and CAROL J. PLUMMER, who are the owners of the property located at 3511 S. Downing, Enolewood, Colorado, are filing their Application for Rezoning to the City of Enqle- wood, Colorado , in which they are proposinq that said property be rezoned from R-2 to B-2 in order to allow them to convert said property into parking spaces for customers of the restau- rant and pizzaria known as "Fratel li 's", and which is directly across the street from said property. and We, the the property located at which is located near subject site to the (north) (south) (ea st ) (west)have NO objections to this proposal for rezoning. COMMENTS: The property immediately adjoining subject property on the north and across the street are Zoned B-2; and we feel that it is in the best interests of the neighborhood for subject property to be r zoned to B-2. Date: ________________________ __ Owner • , I • • • • • • Department of Communit y Development City of Englewood, Colorado TO WHOM IT MAY CONCERN: JAMES L. PLUMMER and CAROL J. PLUMMER, who are the owners of the property located at 3511 S. Downing, Enqlewood , Colorado , are filing their Application for Rezon i ng to the City of En~le wood, Colorado, in which they are proposinq that said property be rezoned from R-2 to B-2 in order to allow them to convert said property i nto parking spaces for customers of the restau- rant and pizzaria known as "Fratell i 's", and which is directly across the street from said property. We, J). bh I e .,_.Q),crd-t=-and ~-h &,13rj"$A 1 ) the undersigned ~s of the property located at .3Sl 1 .S' T':cA t' .1 ) , n 91 which is located near subjeci site to the (north) (south ) (east) (wcst)have NO objections to this proposal for rezoning . COMMENTS: The property immediately adjoining subject property on the north and across the street are Zoned B-2; and we feel that it is in the best interests of the neighborhood for subject property to be rezoned to B-2. Date: Owner ' -. • I • - ( • • • • Department of Community Devel opme nt City of Englewood , Colorado TO WH OM IT MAY CONCERN: JAMES L. PLUMMER and CAROL J. PLUMMER , who are the own ers of the property located at 3511 s. Downing, Englewood , Colorado, are filing their Application for Rezoning to the City of Engle- wood, Colorado , in which they are proposino that said property be rezoned from R-2 to B-2 in order to allow them to convert said property into parking spaces for customers of the restau- rant and pizzaria known as "Fratelli 's ", and which is directly across the street from said property. We, ~~Y ~ I!J~!;~ and the under 1gncd a a8 of the property located at , q ) -rJ(J Qc /Jc ( ( 11 I (; 1 J ?11 9 (I< t 1(] t1 c/ which is located near s ubject site to the (north ) (south) (ea st) (west)ha v NO objections to this proposal for rezoning. CO~~ENTS: The property immediately a djoi ning subject property on the north and across the str et arc zoned B-2; and we feel tha i is in lh b s t 1nterests of the ne ighborhood for subject property to be rezoned to B-2. Date: __________________________ __ owner ' I ,.,. 4 I 9 ......., • I • • • - '-·· ~ . ·~ &' ·': . '~. \ . . . ~ ... . '. ·.---.·~·:;~ .· kl!r.tt rP~i : . : .. 1 '; .. .,-: ,. • • • '""'"""' -J , ....... ~ c.J~-,,..._,,.,. .L "II ~ •• • ---------__ ,, ________ __ • • - Jl* • ~~ts~,.,·.~ ~ .........: ... 1 • .C ht'r-.1> ..... .,. ...... .., ... ,.. • • ~4oft& ,.,,.........a;:, l 'lif'WU "t"Tir.J.. • IV .. ..., "f)' .t.cro1 -..t.j Gfwo"li:Jft.,J ... rt. ..,. •• ~,..,..c• ~"-'•~.,.. i·~', _,,., H.).lpt· «44lr+' ........... 5 ' J • .. • • • - ~II\ I I I< Fl'lll! I l'.•r· -...!_-___ _ ~ ---------I <F~Cl INC: ~11_1_1...!._(. __!!!!I~'_C:_ __________ _j~oSl ' 1/~-8'> ThC' rt•7nnlng of 3511 South Downing StrC'l'l from R-2, lt·dlum Den s ity NesidPnrP Dlsl rlrt to B-2, Buslnrs s Dlstri Lt . DATE 1~ BE CONSIDERED: Harch 19, 1985 LOCATION Th subj ct site is located 100 feet sou th of East Hampden Av enue with 75 f et of frontage o n thr 3500 blo k of Sou th Downing St r e t, and the rear of th property abutting thl' Corona/Downing alley. NAME AND ADDRESS OF APPLICANTS AND PROPERTY 0\..'NERS: James and Carol Plummer 531 P nwood Ci r c le Eng1 wood , Colo rad o 80110 RELATIO OF AI'PLlCA'lT TO REQUEST: Jam s and Carol Plummer ar thl' own rs of the propl'rty, and are requestinp. th r zoning in ord r t n allow th subject propertv to b used for custom r off-st r e t parking for lhl' Fratelli's R staurant lo- cat d dir c tlv ac r oss S uth Do~o'Tling Str et. The Plummer s own 11nd operate Frat~1lt 's . Th1 ar a surrounding th subj ct s t ha a mix of u north 1 th comm, r< 1 1 corridor a l ong En. t llampden Av nue 70n<d B-2 , Bu~inr'>. District. Fratl'lli 's RE·. tauran is lnc t<· nn tlH• south<•a<;t cornf:'r of lla mpdc•n and Do'I.'Tling. Th ar a th To tht> i t i comml'rcJa l corridor and to the-east , south nnd west of u!>ject propl'rty , is zon d R-2, Medium D nstty RPsldentia1 and dl'v l oped with two-family dw !lings. The subject s it is 75 f t wid by 125 feet in depth, containing 9,375 square f t>l of lot ar a and an older single-family hous is on the property at thi s tilll<'. Buildin Division files do not T!'veal nnv Jnform"tion about the tructur ; however, th Ctty record s indi ca te tlw pr vlou" n'I.'Tlcrs did not keep th ... prop rty clean. Th!>r werl' s vera] diffl'rrn t noti c es of w ~ed and litter cndP violations. Since Hr. and ln,, l'lurnmer purdon<:!'J th(' property, it has bt•rn w!']J-m.1inlnlnPd . • I • • • • S'IAIT Kll'lllrl I' .l.J:,• ~ . .=__2_-____ _ --------- ~IACK<:JWUNil 01' PREVIOUS C'lTY ACTION kEI.ATI NC TO Tllf. I'KOPEil lY : Rl ZCIN 1 (; (\1f;( 11~-8~ Titr suhlrc t sitr wds a part of annrxntlon Ordinance #2 of 194h, and w. s zonrd fnr slnglr-famlly re s idence development. ln 1955 It was •nncd R-1-D , Single-family Res idence. TI1e zone classifi ca tion was c hanp,cd In 1963 t o R-2 , Medium Dcmdty Rt·sidence District. flELATlONSIIJP TO THE COMPREHENS IVE PLAN: The 1979 Gen raltzed Land Use Plan of the Compr hensive Plan sug- gests a mix of uses for the area betw n East Hampd n Avenu , U. S. 285 , Sout h Logan Street, and South Lafayette Street. This is iden ifled as the East Hampden corridor , and is an area in which the City is n c our- aging r vital iza ion. B cause of the proximity to the Swedish/Craig Medical campus , thE' de signat d mixed use "would accommodate medically- related business and us s such as restaurants and mot ls to a ccommodate the familie s of pati nt s and multi-unit housing."! COMMENTS FROM OTHER DEPARTMENTS: The question of r zoning was r eferred to Public Works , Engineeri ng , Utilities, Fir , Building and the Polic Dcpartm nt for th ir comments. TI1or wer no ne ga tive comments. Public Works xpressed concern that "South Downing is a major stre t, and r quired parking do sn't seem ap- propriate wh n o n woul d need to cross a ma jor st r e t to g t to the busin ss ." DEPARTMENT OF COMMUNITY DEVELOPMENT A ALYSJS AND RECOMt-IENDATIO : Th re are certain factors that should be consid r d in any rezoning application: a. Th possib ility of a mistak in th original zoning of thf' area. b. An y i nifi ant chang s that hav occurr d in th area und r consid ration that would r nd r anothe r zone cla sification mor applicahl • c . ~~ thcr or not a p rson is denied th u of hi~ land because of ex! ting zoning. Oth r fa c tors to be taken into consideration by th Commission in th process of examining an application for r~zon1ng includ : a. Th ar~a should complete at least one city block of compatibl zon classificotion, or should consis t of at least one city block and b~ c ntiguous to lik~ or compatible zonin cl ss i- f1 ca tf on. h. Proof fllwuJd h prcst•n t d thnt then• i s a d{'mand nnd n t ·d for <'nlnq;inr, tlw c•Xih tlnr. zom• cln.,s ificat1on. 1 J•ng t· 20 o f tlo 1979 C:omp rvhrn~>lvt• l'lan, Fnr•lc•wocod, Cnlor, do. • • I • • ( • S l/\11 Hll 'fltn ''·•.!.;•_ -.!.-- • • - ----· -----_ .. ___________ _ I< I i'll IN C: ___ c.::.:·"'' ,._.~!..~-R_i_ c . 1h ,,. must lw c-ompl l 11nce wl th ,,JJ of tlw prov l Rion -, of t ht• Compr,•ht•n!. I vt· Zo n Ins; Ord I nancC'. d. lht• propoR d TC'Ze>nlng must ce>mp l y wl th thC' Co mpr h n s lvc P l an. Hr. Plumm r has s t ated th at his business 1 healthy and hr wishe s to cxpnnd the· SC'atinr, capndt o f Frnt 111 's Resta urant. li e cannot provide f or th • r cquirC'd parking for the expansion o n th e fratelli 's prope rty because of the limited l o t aren, and he ha s b een unable to wo r k o ut a n a r emcnt with nelghhor ing property o"•ners. ~lr. l'Jummpr could pro vide additional parkin g o n the s ub jec t site, which i s located a r oss the strcC't t o the west (See attached map). Und er th cu rrent R-2 Zo n e Clas s ification, off-s treet parking is not a permitted us , but parking would b p rmitt d if the rezoning requ st t o B-2, Busin ss , we r approved. ln r vi wing the request , the Commission shou ld con- s id r th e following: The su jec t property is contiguous to an existing B-2 Zo ne Distri t, and would be an extension o f the 8-2 Zon Dist r ict . Hr. Plurum e r d oes have a demand for additional parking becausP of t h succ s of his business , but does not hav e th e area on the r estaurant site for additional parking. His plan indicat s h e could comply wl h the provisions of th Co mprehensive Zoning Ordinance and make the us compatible with th e R-2 Medi um D nsity Residence District t o th e outh and w st by landscaping and fencing th proposed parking lot. The Comprehensive Plan indi ca t es this a r a should b mixed us e. The propo d u se doe s not conflict with th e Comprch nsiv Plan. If the Cit· 1 t o n courag a mix o f u ses , off-s tr t parkin will have t o b provid d to accommodat this Lyp of d ev lopm nt. Publi Works ha s xpr ss d con c e rn about the s fety of p ople walking across South Downing Str et tog t t o frat lli's. The r i a traffic ignal on th corne r of Hampd n and Do ~~ing, whi ch is 100 feet no rth of th e prop0sed parkin g lot and ped strians would b abl to cross th str et with th traffic light. Customers are p rking o n bo h side s of South Downing Stre t now, and additional off-street parking would r e du c th need for Fratelli's c ustome r s using th str et for parking, and r due parking hazards that occur wh en parking is on the street. For th e r easons, the Planning Division is in support of th rezoning application , and would recommend that th r - quest be referred t o th Cltv Coun c il with a favorable r ecommendation. I • • S. CORONA ST. ( p R 1 C [_ .;t N\OA N , [ 1.4 ROGERS ''.!TN I 10 --,- l ·lt.OO I . ~!iOQ ;.1,61,...;;~ I {" ' f I ROESCH !1 ~I t/ I j , ,..,._,~-4 .j "'"T ~ .2 -u I I .-wTA 6wr r J B V1 C A D w/f . .P' L· 16 0 I • IRL t 11 t.~u ~ F.., s 6 J -------------- ;~~;o r-2-r' /Y ·IU ·<# IT1 L . ::u I N ' I I PLUMMER J. &C I ---~--. ] li S. DOWNING ST. • • • - _, l ' _::: -~ ~-~;-=o DE ,VOE R. & '-· NELSON E. I )!OOj CD , I N I ·STEELE S. 1 J • --{) - ; ' .J • $(1 .. ~ ,,= (JI o. • I l> ~ \) 0 rr1 z l> < rr1 • 0 "' .. .. 0 \.• I I ~:·. -· n -~ Lr ·· [> r,. 1 ... (I I • ( ( • •' IJ ,\ Tl: ________ _:,_.:._ ___ _ AI'PL I C'\"T : "·''"''' J !-Mt s 1 .. l'lliMJ1~.n anu CM10L J . I'L U~IHI:.R Addr r&b. 1 200 [. Hamp de n (O ff I C I [no lrwood , Colo r ~do 80110 T cl ' ptoo nc : 1;~1:.;0<-3~) -.,;7-:;6~1.;.-..;4:.,?7 J (of f , c<:l IJOJ ! 7bl-99T8 t rc Jdcncc l fl p l ;ttHI I I t o o-"Ln . Naau •: JAMt:S L . PLlJMJ>If.R and AR OL J . PLU~IMLR Add r~R• 535 Penwood C1 rcle (llomc , Englewood , Colorado 80110 • • • --11'1: CI'IV U:>L O"L\" lh .1 1 lU g t<-uml.1 Cr ,., .j ' 5 1 31 '·101'11 1 Ol p•··'ic::o:Cr:-C::-0~11-=t-""'c.-:t-,.-.,:-t:-1;:-l Cll y Plunnint; Dcpnrtnoc n t : /.I 4 .· r Suh1111 t tt.·d h{•l'(·l4 tth i s tht~ If• £On l llJ.: Fe r (d .. ,l OU J u •· th e f1r s t 5 nrr~s, or any p O l t H ) I• t h . l"t v I, 11lu c; ~ l CH1 I 0 1 t h nt:!>. t 5 a c t·t.,. , 'r an~ p o rtt ("t n ttu Tl ()J, $.:!0 .I 'H .· h .l t ht.l h e').l 20 Ct<l 't.b or :.uy JIO I 'tlon lh p,~,•oJ. a11d ~lo .a rC' 10l' att)' , ... , .. ov l' :.,n ::.cr e, ab d6.1l'J'JU ln d Uy tiJ'-Ci t y l 'l.lltll tll ' .:and 4 ontn~ Con.nusslon. )t 1 ..,_ UIHJ C1 t o ntl lh •. il 1 t t t ::, t,., .. l t-. llt • t '..,:....l l )' to C:\.1 1'..4 )' t h adnt l l ll&tJ'.,Iti\C' lOS 1 S (11 1 01 )-..•d b) 1 h l k t t.q U(-,1 :Hl d , l 1n.~1 '1 '101 '.,;, >4 l l ) l oO t h '--l 1\.ll'&a'--d, .. d l d tl .:t t ad J lll on .d It ('q 1qav "" l 'l'liUllcd \ ('OV'--'1 d r. r·v~l~ ol ad \1 l 'llstna,:, 1j 11 -..C<''Ht .al'l · J n nd tll.t l on. Ill~ ;lJl p lJ<•u ut "111 lh · J'O"C'JUll(•d to po.;l t he property 11 1 fltCu J·llant'C' V.llll t lu p •t_Jih.'.l 110I .ht' J o r·1 n 111 tlh · \o rr.p J cl •<"nslvc Zo n1 nb 01 dll a ... nt·'-:.nd "·1t such l of1l \ l<Jtlb ah d \..:!:1 1 , ll.tl Pd 1 ) ln . Pl:.111iln lJJ Vlt:.ton. 1h urulr J':--.l J...Ol•d CC'Jtl ,.tlq tb .•t hr ha 1 (•'•'1\l'd ,1lld J't".ld u s t a t ~rn nt oJ curren t C 1 ty p o l1 u ·~ ~t.d <l l p l u · .• h l( c~c(..•l'p l ~ ••oa.• Ctt\ otd J e7.CJ ntn ~ . . 7?1•1 -~u t ,f-:.,. APJ.'LI C~I'ns'. ). "". 0\l ).ltlS (lluo t -iTt:t;l--;_-.. -<.-<l~IJ-y-p, t 't.;~n -I'-~-)~J"'1"'.~~·-. . . . . . . . . . . . . . . . . . . . . co :.,!JCi\ DCSCRIPTIOI> 01 P\llr t:.t TO m:: Rl ZO •tD : 35 11 South Do wn J nq St reet En q1 wo od , Co l orado 80110 . ' . . . . . . . . . . . . . . . I.E AL OI.SCHIPT l O~ C l r , H1 'LL TO UE Rl /.0~•11 . • Lo t > 44, 4 5 ani 4 , Bl oC'k l, B iq~1ns South Groadt,..·ay H 1qht.& !Jc rlJ VlS l on , ounty of Arap~h oe , Stat of Colorad . . . . . . . . .. . . . . . . . . . . . . . . . . . . Pl :l H~ I Z O~ I Mo ·-E.;:;'_ nJ QUlSH.II ZO\ I "G : _ _.llB,:;-.J.2'-------. . . . . . . . . . ~ . . . . . . . . . . . . . . . . . . . . . . .. Vin cen t Cr 1 ll M• (H<''l· l'o • ~4'itl hlto rn y f a r AppllC'unL • 2~2 Mll wau kP Str~ct, ul l< 301 Oe 11ver, 0 8020fi 1'c llplo<•n : (30 J l 321-01111 I • - t ( • • • - . . . . . . . . . . . . . . . . . . . . . . . . . 1t1 d LlC r ~bo n f o r the rcquc ~t.c 10n~ ct,anqc Js t o prov1 dc a d~qu~t J'.l rkln g f o r u sc by p ltt.r o n s of •rrat e ll1't "', t.hc rc ~taurant. nnd p l7 Z8rla own t'd lind op rntod by Jane>s 1 .. Plummer Com~d ny, a Co lorado corporc.~ll O n o"":n c d Ly Jam r, L. Plununcr at 1200 E . tl£u upden , Lnolcwood, Co lorado, ""'hJch IS directly ncrobS the b trce t fr om sub) ct property. l·lr. PlurrJ'h~r hu a conduct.cd sa 1d bu s 1n bS at ~a.1d locatJOn s1nc N o v(Hr b\.!r 1971 1n the XISl1nq bu1ld1ng which IS owned by h1m and his w1fe, Carol J . l'lununcr, under lease to Sllld corporation: and adequi'lt park1ng ha s been prov1ded for the re staurant upon the land upon which the bu1ld1nq IS loca t ed. Ho wev r, Mr . and Hrs. Pl umme r d es1 re to building an add1t10n to snid bu1ld1ng in order t o 1ncrease the dining areas to accomo date add1t1onal pa tron s. In o rder to prov1 dc add1t1onal parking spac , they purchas u t h e real propclty described 1n th1s appl1cat1on for Re >o n1 n n t JSl l South Dow n ing Stroot, Engl wood, Co l orbdo 801 10 ); and th y de s >re t o have said pr~perty r e-zoned from R-2 t o B-2, which would allow t h em t o have 1t used for add1t1onal park lnospaco s for tho re s taurant, after 1t s d1n1ng ar a s have be n 1ncr sedby t he bu1ldlng add1t1on wh>ch 1s re - ferred to above. BACKGk OUND INrORMA1ION• Since the r estaurant wa s or!g1nally est.abl1 s hed at sa1d locat1on, 1t s business ha s gr tly expa~ded; and 1t is nee ss ary to 1 n cr a s the d1n1na area and to prov1d add1t1onal park>na f o 1 p a tro n s of t h restaurant. Pu r sua nt to the requirements o f the C1ty of Enol ~~o od, on of f -s treet p rk1na space must b prov1ded for each sixty sq u are f e t o f d1n1ng s pace. After tho property has be n re-zoned to B-2, Mr. and Mrs. Plummer will d~mo l1 s h the dwelling on th property, have 1 paved and mark- ed for p rk>ng and lease 1t t o the coroorat1on fo r use for patron parking f or tho restaurant. Wh en the addition to the ou:~s t1ng b ull d 1ng et 1200 E. Hampden, Englewo od, Co l orado IB con•JJl ted, t he t o t al d>n>nc;;o ar as w>l l compris -"' 1 square f et: and this Will requ ire )/ patron park1ng spaces . These parking spaces Will be furni s hed by s p ces o n 1200 E. Ha mpde n and on 3Sll South oown1ng, as shown on th Plnts o f both of s a 1d propert1es, wh1c h Hre be1ng f urn ished wi th thi S Appl1ca t1 on for Rezo n1ng. The property at )511 South Down1ng ad J Oins the property t o the north o~ It , wh ich I S l ocat d at the sou thwe s t co rn r of E. Hampden and s. Downinq, ~o•h1ch 1s pres ntly located 1n a B-2 Zon , and on Wh ich I S a bu1ld1no pre- s ntly being u s d for the roa1nten n e e and rep 1r of lawn a nd g rden equip- men t bu&lness. Across the street from sub j ect property is 1200 E. Hamp- den , wh r "Fratellt's" i s loca~ d, and Jt i s also zoned B-2. Henc , th n ighborhood 1s more su1tnble t o bu s iness than t o re s1dcnt 1 al u s • Also, there does not seem to be a ny ob j ct.1on to th1 s Ap plicat1on fo r Rezon1ng on the part of o wner s of n arby property, a s shown by the "no ob )cCtlon• 1 tt rs subm1tt d w1th th1 s appl1cat1on. I • • ( • • • • BY AlJI'HORITY ORDINA!-l:E NO. SERIES OF 198'"5 __ _ A BILL FOR COUNCIL BILL NO . 25 INTROOOCED BY C0UNC IL M}}1BER c/k~:a AN ORDI NF\t-l:E REZONING A PARCEL OF LAND lOCATED AT 3511 SOUTH ~ING STREET IN 'mE CITY OF EN:iLEl'I(X)O, COUNTY OF ARAPAHOE , STATE OF COLORADO, FRCt1 R-2, MEDIUM-DENSITY RESIDE!CE DISTRICT, TO B-2 , BUSINESS DISTRICT. WHEREAS, on February 8, 1985 , James L. and carol J . Plummer filed an application to rezone proper y located a 3511 South Downing Street ....ttich is directly across South Downing Street fran t he ir restaura nt, known as Frate lli's Restaur a nt , fr an R-2 , Med i um-Density District, to B-2, Business District , for off-str t parking for r estaura nt patrons; a nd WHEREAS, on March 19, 1985, the Ci y Planning nd zoning Commiss i on held a public hear ing on s aid application filed by Mr . and Mrs. Phmner; and WHEREAS, the subject si te was par of An ne xation Ordinance 12 of 1946 and t he present R-2, Med ium -Densi y Res idence , zoning was imposed in 1963 , ....tti c h zoning does not llow off-s ree parking as a permitted principal use; and WHEREAS, the property located at 3511 South Down ing Str legally described as Lots 44, 45 and 46 , Block 1 , Higgi ns Sou Broadway Heigh s SUbdivision , including the east half of the lley and the west half of South Down i ng Str t adjacen to said Lo s 44, 45 nd 46 in the Ci y of Englewood, County of Ar apahoe , S P of Colorado , nd is wi hin the a rea betwee n East Hamp:l en Avenue and u.s. 285, between South LOgan Street and South Lafayette S reet , identified by the COmpr e hensive Plan s a comme r ci l corri or for mixed-use d ve lopnen ; and WHEREAS, the B-2 , Business Distric , were i imposed on Lo s 44, 45 nd 46 , Block 1 , Higgins So uth Bro dway Heigh s su lVlslon , would an extension of hat same zoning imposed on the pro r y abutting to th north; and WHEREAS, at the public hearing held on March 1 , 1985 by ~ City Planning a nd ZOning Commis sion on the Plummers ' applica ion , three businessmen in the vicinity testified in support of he rezoning and stated that additional parking wou ld relieve an existing hazardous situation of restaur nt customers crossing East Hampd en in mid-block to get to the rest ur nt and would allow 1 I • t • • • - additional off-street parking in their own lots now being taken away by restaurant customers; and WHEREAS, five property owners and seven tenants in the R-2 neighborhood to the south signed statements indicating they had no objection to the proposed rezoning; and WHERFA'3, the City Planning and Zoning Cmrnission has recatrnerded that the application of Hr. and Mrs. Ph.mner for rezoning of the subject property fran R-2, Medil.m-Densi t y Residential District, to B-2, Business District, be approved. t«:JW, 'n!EREFORE, BE IT ORDo\INID BY 'mE CITY COUNCIL <F THE CITY OF Eta.~, COLORADO, TIS FOLLOWS: Section 1. ~ following described property shall be rezoned fran R-2, Medium-Density Residence District, to B-2, Business Distr ict : Lots 44, 45 and 46, Block 1, Higgins South Broadway Heights Subdivision, including the east half of the alley and the west half of South ~ing Street adjacent to said Lots 44, 45 and 46, in the City of Englewood, County of Arapahoe, State of Colorado. Section 2. 'nle Official Zoning Hap of the City of Englewood, Colorado, hereby is l!lnended accordingly. Section 3. PUblic Hearing. Pursuant to Section 22.3 of the canpr:ehensive Zoning Ordinance, City council directs that a public hearing be held before it on ~-J , 1985 at ?:!D p.m. with regard to zoning said parcels o 1 according to t~ve classifications. Introduced, read in full, and passed on first reading on the 15th day of April , 1985. PUblished as a Bill for an Ordinance on the 17th day of April, 1985. Attest: Eugene L . otis, Mayor ex offic1o C1ty Clerk-Treasurer 2 • I • - ( , • • • • I, Gary R. Higbee, ex officio Ci t y Clerk-Trea surer of tl1 e City of Englewood, Colorado, hereby certify that tile above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on tile 15th day of April, 1985. Gary R. Higbee 3 • I . • • • - ------·---------------------------, ( C 0 U N C I L C 0 M M U N I C A T I 0 N DATE /\priJ 10, 1985 AGENDA ITEM 1/(C) SUBJECT Singl Rev nu Famj]y Mortgag' Bond, 1985 INITIATED BY A ssis tant Director , Comm11nity o l Lak~wood is the issuer for a consortium of five c1t1 s partl 'lP.Illn~ 111 lbbUJng approximat ly $15 mill Jon in Singl Family M ot·tga~,, H,•v<·nul' Bonds. Th Stat fo rm ula allocat s $1,057 ,247.75 to tht• Cu~· ot Enf.{lt>wood for this pu rp os • We ha\·,. lH'<'n wo rking with Boett h r a nd Co . as th und rwt•it r & on this is ·u e . They s timate th inter est rat to th hom buy rs of. approximatl'ly 10 1/2 t o 10 3/1%, 30 year fix d rat mortgag es . A s th e A cti ng Ex c utiv • Dir· cto r of th Engl wood Housing Authority (EllA ), it ha s l>e n co nvPni nt to in ·orporat financing for th e EllA 's Acquisition , R location , Rehabilitation Prog r am (ARRP) units with th Bond program. I a m ·u n·ently negotiating with l nd rs on making h •s • units an ar a of mpha sJs and priority for th• program . 1. Housing Polley ll epo rt Resolution This is a ll ous)ng Poli·y w ar·e r•quir•d to fil R •v nue Cod. 1 outlin s the r quir m nt. ~:.p cifJc the Singl • Fam1ly i o rt gug R ·v nu • Bond pr gram. W to hav • a Publi Haring on , 19 5 . und •r th In t rnal o Engl wood for also n ed approval 2 . Stat Division ot Housing that Engll'wood intPnd · to 1ssue th •ir all ·at1on of Sing! Family fort-gage R •v •nup Bonds. 3. Allocation TransiPr Resolution This r solution transfers th Englewood allocation l&b uer, tho City of Lak •wood . Lak wo od ~~oill th n issu it~ own bPhalf and on tlw behalf of Englc'wood , Pu blo , Thornton. to th I ad th S(' bonds on Arvada and The btaff is r omm(~nding th(> Lak wood Consortium b us~>d t'Dth(•r than transfPrring our nllocatlon to Arapahoe County us has b(>en done in th past, due to se Pral rt>asons . Our primary consid ru ion was th fact that WOJ'king wi h a ·onsor ium of five> citi s allows for a highly tullor·ed progt·um for Pach community us opposed to a consortium 11-hllh includ s 10 counti s. • I • • ( ( • • • - RESOLUTION NO . A HESOLUTlON OF THE CITY COUNCIL OF THE CITY OF ENGLE WOOD APPROVIN G OF Til E POLICY REPORT FOR S I NGLE FAMILY MORTGAGE HEVENUE BONDS UNDEH SECT ION 103A OF THE INTER NAL REVENUE CODE AND AUT HORIZING THE HIGH EST ELECTED REPRESE TA- TIVE OF THE l TY TO EXECUTE A D PUBLISII SUC II REPORT . WII ERE AS th Cit of Engl wo od , olora d o (the "City"), a political s ubd ivision of th Stat of Colorado, i~ d •s 1rous of participating Jn th~· Jssuanc of singl family mortgag' r v nu bond within th cal ndar y ar 1985 in ord r to a~sis t p r sons and fami 11 •s of low and middl -income r si ding within th City in th~ pur ·ha · of safe and sanitary hou s ing; and WHEREAS, pursuant to S c tion 103A(j)(5) of the lnt rnal R Code of 19 54 , a s am nd d, Jt is n ecessa r y that th high st l c t d r cpr sc ntatJvc of eac h gove rnm ental unit whi c h i s th issu r 0 1· on who s b half single family mortgag r v nu bonds a r i ssu d h as publi s h d a sta tem nt of policies with resp t to housing whi ·h such governm ntal unit J s xp• Ling to follow in issuing qualifi d mortga g' bond s ; and WHEREA S , s u c h pol 1 •y I"Cpo rt ha s b n pr pared (a opy of whi h 1 s attach d o this R solution) a nd a public h ar1ng following reasonable publJc noti will be h ld with r spcct to such 1·eport . NOW , Tl!EREFOHE , BE IT RESOLVED by th City Council of th <' ily of Englewood that the poli y r <>port in substan 1ally thl• fo1·m attached h •roto t>; h •r by approvl•d as a s tat m>nt which a·curutely set>; forth th• Pxp e Lations of the Cit us o th' 1ssuanc• of single family mortgag r·ev nu e bonds and lh use of the pro·eeds derived from their sal for th ·al<'nda r year 1985 . BE IT FUHTIIEH RESOLVED that th highest el ct d r presentative of tho City , being th Mayor , 1s h r by authorJz d to publi h the r port ntlu·h d hrr to and to c. c ut such r •port n b hal f of th City . • I • - • • ( • • ,. • Upon motion duly made and seconded , the foregoing R solution was adopte d by the following vot STATE OF COLORADO COUNTY OF ss . I, ----~--~------77.-~~~~--City Cl rk for th City of Engl wood abov R solution is truly copie d r co rd s of th proce dings of th City of Engl wood, now in my hand and affixed the seal of the City this day of , 1985. City Cl rk I • ( ( • • • - POLICY REPORT OF THE CITY OF E GLEWOOD UNDER SECT ION 103A TAXPAYER 1DENTIFICATION UMDEH: ______ _ Th1s r•po rt s•ts forth th statem nts of policy on singl~ family m rtgag r v nu bonds of th • City of Engl wood {t h • "City") t o b appli d during the al ndar y ar 19 5 in a c orda n c• with S ction 103A(j)(5) of th In~ernal Revenu Cod of 1954 , as am nd d by S ction 61 1 of th Tax R form Act of 1984 {t h e "Code''). S ctio n 103A (j)(5) of th Cod r quir ~that a r port b published by th applicabl lect d r pres ntattv of th City and a opy of suc h r port s ubmitt ed to th Commissioner o f th Int e rnal Revenu S rv ic•. Contai n <"d i n this report i ·a stat m nt of policies with resp ct to hou si ng , d v lopmon t a nd J o w-incom housing assistanc whi c h th • City cxp c t s to follow in issu ing single family mortgag r v •nuo bonds and an assossm nt of h e complia n e of the City during th on y ar p riod preceding the dat of this r po r t with the int nt of Congr ss that Stat and local gov rnm nts ar •xp ct •d to us th ir authority to issu sJngl family mortgag r cvPnu bonds to th• g r eat st extent f asibl • (taking into a count prevailing int r s t rat es and conditions In th~ hou si ng mark t) to assist low r in om famili s to u.fftJrd homP own 'n:>hlp befon• assisting high •r inc m famJlics . Tht• primary goal of th City tn th cal•ndar y •ar l 5 i~ to assist qual ifJ~d low-and middle-in om famili sand pt-r:-.on · o oiJtain th b n fits of hom ownership through lowPr in e r·l'st rat •>; through th• usc f s ing!<.> famny mortgag <' I'('VPDU(' bonds . Th • pro ·c ds of th bonds ar xp c t d to bo usPd lo pro 1d<.> i inan ·ing for the acquisition for both n ·~ and Pxist1ng homP~o; to be used by th • mortgagor as h1s or her sole plac• oi r •~;id nee. It is not XJJ>cted that any particular portion of the proce ds of th• bonds will b targ~tcd to any parti ular class or typ of housing xcept as s t forth b low. The City has d t rmtn d that the b st method of dct •rmlnlng the nc •d and d •mand for various typ s of hou si ng is to a ce pl applJcations for mortgag loans from p r sp c tiv mortgagors on a first-·om flrst-sorv basis . • a • • ( • ( • • • • Proce ds o f th bonds will b • available to finan cp th0 purchas of r ~i d •nces of low-and middlP-in com Jamili s ~nd persons as p e rmitt ed by the laws of the State . No parti ular portion of th proc ds of the bonds will b target d ~P c ifically to low-income , mod rat -in ·o rne or median in ·om• famili sand p•rsons . 1. Th • r •po r·t must b publish•d after a publi !waring following r easo nabl public noti c . Su h public n otic must b publ1sh•d at l eas t 14 days in advan of th h aring. The noti c of s u c h hParing wil I be publish e d on April 17 and thp h •a ring will b • h Jd on May 6 , 1985 . A copy of su h nut1 · and proof f its publication will b attach d to thJs report . Copi s of th • propos •d report will b avnilabl on or bcfon• th • h arlng at th offi· of th City Cl rk. 2 . Th • City has adopt d th f !lowing particular poll ci sand goals with r e pect ~o the use of bond pro ds within th City for th calendar y ar 19 5 : A. Th maximum in om of all borrow r s will b $37 ,920 with adjustm nts of $1 ,000 per d pend nt . B . Eng! wood Hou si ng Auth rity ow n d hou si ng unit s und r t h e Ac quisition, R locatio n, Rehabilitation Program will b an ar•a of emphasis . Priority will b given for mortgag s on th s unit s . C . No additional assistance is anticJpat d at this tim to bP provid•d by the City ither in th form of mort- gag• s ub sidies or s uppl m nt s to the bond program. D . The s 1 ct quulifi d l nd .rs and allOl'Ut b nd proc •ds to par·ticlpating l nd r~ in a mann r tha furth•rs th objc tiv s of this policy and Js both •qu1tablt• or pra tical . 3 . ThP City part1cipat •d in th Arapaho mortgage r •v(•nup bond~ during 198 ·1. oun y issu 1. Attach •d hPreto will b• a :-summary 01 cornm•n son th proposed rPport r criv d at th public hParing. 5 . In ord •r to el'fe ·t th<' pol 1 ·i s and goals s t for·th in thi s rPport, th City r cognJzes thu it may parti ipat With on• or mor other gov rnm ntal units within th Stnto of Colo r ado and Pnt •r into su ·h agn•rm nt!'. as may b accomp I ish such pu rposP .. A C"opy of th15 r t>port is to U(' submi t •d to tht• Comml!>sion r of the lntPrnal R•v nuo Servic b•forr Lh data su h bonds are issued. Th• und rsign•d, us Mayor aut hor iz s th issuanc of this r port us of th 15th day of April, 1985. By~--------------------------Mayor • I • • r ( ( • • • - CITY OF ENGLEWOOD, COLORADO RESOLUTION NO. /~ SERIES OF 1985 A RESOLUTION OF THE CITY OF ENGLEWOOD, COLORADO SETTING FORTH THE INTENT OF THE CITY OF ENGLEWOOD, COLORADO, TO ISSUE SINGLE FAMILY MORTGAG E REVENUE BONDS TO FINANCE A SINGLE FAMILY MORTGAG E PURCHASE PROGRAM WITHIN THE CITY. WHEREAS , th C1ty of Englewo od, 1n the County of Arapahoe and State of Colorado ( he "City"), 1s author1zed by the County and Muni c1pal1ty Devel o pment R venue Bond Act, constitut1ng Sections 29 -3 -101 e seq., Colorado Revised Statutes (the "Act"), o f1nance, ref1nance, acquire, o wn, lease, improve and d1spose of proper ies to the end that more adequate residential hous1ng fac1l1t1es for low-and middle-income familles and persons may be provided, whi ch promote the pub lic health , welfar , safety, convenience and prosperity; and WHEREAS, Section 29 -4-803 of the Act provides hat the p ortion of the state ceili ng for cit1es and towns 1n the State of Colorado for the period from May 1, 1985 to and including September 30, 1985 is to be allo cated among those ci tie s and towns wh ich have by Apr1l 15, 1985, taken official action Ind1ca Ing an 1n ent to 1ssue qual1fied mer gage bonds or have elected a non1ssued bond amount pursuant to Sect1on 25 (c ) of T1tle 26 of the United States Code by September 30, 1985 and wh ich has, by April 15, 1985, filed With the Director of the D1vis1on of Housing 1n the Department of Local Affair s of the S ate of Colorado a copy of the ordinance, resolu 1on or mo IOn ado ed by its governing body evidencing such off1c1a1 act1on; and WHEREAS, the C1ty deems 1t necessary and advisable that a program be made ava1lable for th origination and serviCing of mortgag loans for residential hous1ng fac1lit1es for low- and m1ddl -i n c ome fam1l1e s and person s In the C1ty (th "Mortg ge Loans") 1n order to incr ase the supply of money ava1lable for mortgages so that fam1l1es and persons of low- and m1ddle-1nc ome may finan c e he purchase of res1d n Ial hou s 1ng fac1l1ties at less than the preva1l1ng market 1n ere s ra e, thereby prov1d1ng more adequ e resid nt1al hou s 1ng fac1l1t1es fot low-and m1ddle-1nc ome fam1l1es and pet s on s w1th1n the C1ty; and • I • • ( ( • • • - WHEREAS, the City desires to take the necessary actions to authorize, issue, sell and deliver its revenue bonds pursuant to the Act by September 30, 1985, in an amount not to e x ceed the amount to be allocated to the City under Section 29-4-803 of the Act for the period from May 1, 1985, to and including September 30, 1985, in one or more series, to finance the purchase of Mortgage Loans, together with the costs of funding any reserve funds in connection with the revenue bonds and costs inci dental to the authorization, issuance and sale of the revenue bonds ; and WHEREAS, the action herein contemplated is not prohibited by the City's Charter . NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1 . The City intends to issue, or have issued on its behalf, revenue bonds pursuant to the Act by September 30, 1985, in an amount not to exceed the amount to be allocated to the City under Sect1on 29-4-803 of the Act for the period from May 1, 1985, to and including September 30, 1985, in one or more series, for the purcha se or Mortgage Loans, together with the costs of funding any reserve funds in connection with the revenue bonds and costs incidental to the authorization, issuance, and sale of the revenue bonds, and will take all further action which is necessary or desirable in connection w1th such bonds. Section 2. The City's officers are hereby authorized and directed to file a copy of this resolution with the Director of the Division of Housing in the Department of Local Affairs of the State of Colorado not later than April 15, 1985 and to take all actions necessary or desirable in connection with such bonds . INTRODUCED AND READ at a regularly scheduled meeting of the City Counc1l of the City of Englewood on the 15th day of April , 1985. Attest : City Clerk -2- • I • • ( • • • • CITY OF ENGLEWOOD, COLORADO RE SO LUTION NO. I SERIES OF 1985 A RE SOLUT ION OF THE CITY OF ENGLEW OOD , COLORAD O , SETTI NG FORTH THE INTENT OF THE CITY OF ENGLEW OO D, COLO RAD O, TO TRANSFER ITS ALL OCATED PORTION OF SINGLE FAMILY MORTGAGE REVENUE BONDS UNDER THE STATE CEILING FOR CITIES AND TOWNS IN THE STATE OF COLORADO TO THE CITY OF LAKEWOOD, COLORADO . WHEREAS , the City of Englewood , in the Coun y of Arapahoe and the Sa e of Colorad o (the "C 1t y"), 1s author1zed by the County and Mun1 c1pality Development Revenue Bond Act, constituting Sections 29 -3 -101 et seq., Colorado Revised Statutes (the "Act"), to finan c e, refinance, acquire, own, lease, improve and dispose of propert1es to the end that more adequate residential h ousing fa ci l1ties for low-and middle-income families and person s may be prov i ded, which promote the public h ealth, welfa re, s afety, conven1 n ee and prosperity; and WH EREAS, the City has take n offlcial action pursuan o Section 29 -4-803 of th e Act indicating i s intent to issue bonds and to file a cop y of the resoluti o n evidencing such official action with the Director of the D1V1s1on of Housing i n the Department of Local Affairs of the S ate of Colorado; and WHEREA S, the C1ty de s1res to tran s fer its allocated portion of s1ngle family mortgage revenue bonds to the C1 y of Lakewood , Co lorado, in an amount no to exceed the amount to b allocated o the C1ty under Sect1on 29 -4-803 of the Ac for he per1od fr o m May 1, 1985, to and inc lud 1 ng September 30, 1985, f or the C1ty of Lake wood, Colorado t o 1ssue such bonds on b half of the City. NOW THEREFORE, BE IT RES OL VED BY THE CI TY COUNCIL OF THE CITY OF EN GLEWOOD, COLORADO: S ction 1 . The C1 y hereby transf r~ to the C1ty of Lakewood, Colorado, th C1t y's porion of revenue bonds to be allocat d to the City unde r S ct1on 29 -4-8 03 of the Act from the p riod from May 1, 1985 to and 1nclud1ng S ptember 30, 1985, for he C1t y of Lakewood, Colorado o 1ssue such bonds on behalf of th City pursuan to h Act by Septemb r 30, 1985, 1n one or mor s r1es, for he purc hase of mor gage loans for res1den 1al h ous1ng fac1l1 1 s for low-and m1ddle-income fam1l1es and persons 1n the C1ty, together Wl th -3- • I • • ....... ( • • • .. the cost of funding any reserve funds in connection with the revenue bonds and costs incidental to the authorization, issuance and sale of the revenue bonds, and authorizes the City of Lakewood to take all further action on behalf of the City which is necessary or desirable in connection with such bonds. Section 2. The City's chief financial or economic officer is hereby authorized and directed to enter into any delegation agreement or such other agreements as may be necessary and to take all actions necessary or de si rable in connection with this delegation and in connection with such bonds. Section 3 . Nothing contai ned in this ordinance shall constitute the debt or i ndebtedness of the City within the meaning of the Constitution or statutes of the State of Colorado or the Charter of the City nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. Section 4 . All commitments by the City herein are subject to the cond~tion that on or before September 30, 1985, the revenue bonds shall have been issued by the City of Lakewood, Colorado on behalf of the City . INTRODUCED AND READ at a regularly scheduled meeting of the City Council of the City of Englewood on the 15th day of April , 1985. Attest: City Clerk -4- • I • •