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Home My WebLink About1985-05-06 (Regular) Meeting Agenda• • • • • 0 City Council Meeting -Regular -May 6, 1985 • • I • • • • ··~~~~ ~~~ OLI, ~c;;? ~ ~ftC11, ;)e)2Cj • 0 I . • ( 1 • 4. 5. 7. 8. • • • AGENDA F OR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNC I L MAY 6 , 1985 7:30 P.M. Call to order. Invocation by Reverend Wayne Everett, South Evangelical Presbyterian Fellowship, 3311 South Broadway. Pledge of allegiance by Boy Scout Troop 1115 and 1154. Roll Call. -1~ 0 Minutes. (a) Mi nutes o f the Apr i l 8, 1985 C ity Council meet i ng. (b) Min utes of the Apr i l 1 5, 198 5 C i t y Council meet i ng. P re-Sche d ul e d Visito r s . to 1 0 minutes .) (Please limit y our prese nta t i on Non-Scheduled Visitors. (Please limit your pr e sentation !DJ . to 5 minutes.) ~yU:..., ~-4'~ 3S JI ~i~ Communications and Proclamations. (a) Proclamat i on declaring the week of May 19-25, 1985 as Public Works Week. Proclamation declar i ng the month of May as Multiple Sclerosis Month. (c ) Letter from the Englewood Downtown Development ~~,y ;hz~ ":4:: F "' .. tho ...... ~ Jv. D J • • I • • -• • • Page 2 May 6, 1985 Agenda 8. Communications and Proclamations. ~ (d) ~~(e) Transmittal of the Library Advisory Board Resolution supporting implementation of the Automated Library Management System. Transmittal of the Library Advisory Board Resolution supporting the provision of public parking for Library users. /I t • 9. Consent Agenda. (a) Minutes of the Liquor License Authority meetings of January 24, February 20, and April 10, 1985. (b) Minutes of the Board of Adjustment and Appeals meeting of February 13, 1985. (c) Minutes of the Englewood Downtown Development Authority meeting of March 13, 1985. (d) Minutes of the Parks and Recreation Commission meeting of March 14, 1985. (e) Minutes of the Urban Renewal Authority meetings of March 20 and April 3, 1985. (f) Minutes of the Planning and Zoning Commission meeting of April 2, 1985. (g) Minutes of the Public Library Advisory Board meeting of April 9, 1985. (h) Ordinance on final re ,di ng approving the 1985 Compre- hensive Zoning Ordinance, as amended. Public Hearing. (a) To consider Paving District No. 30. (b) To consider Single Family Mortgage Revenue Bonds. (c) To consider the rezoning application for 3511 South Downing Street (James Plummer). • I • • • • • • Page 3 May 6, 1985 Agenda 11. Ordinances, Resolutions and Motions. Recommendation from the Planning and Zoning Commission to approve the vacating of the right-of-way located at West Warren Avenue and South Pecos Street, that a utility easement be granted for the vacated portion of West Warren Avenue, and that sufficient private property be dedicated for the construction of a cul-de-sac on West Warren Avenue and South Raritan Street. Recommendation from the Police Department to amend sections of the Englewood Municipal Code relative to offenses relating to property in order to make the Code consistent with a recently enacted state statute. Recommendation from the Public Works Department to amend an ordinance which was adopted March 4, 1985 to approve a permit agreement for the City and County of Denver to install and maintain a 30" conduit on West Belleview Avenue. Recommendation from the Engineering Service Depart- mentto approve the award of bid for the Floyd Avenue overlay to the Western Paving Company in the amount of $32,031.00. Resolution providing for the notice of sale of General Obligation Water Refund i ng Bonds, Ser i es 1985, of the City of Englewood, Colorado, in the principal amount of $5,180,000. Recommendation from the Director for Economic Development concerning an Induce ment Resolution for Industrial Development Bonds to redevelop the old King Soopers site. 0~~ #J.& Ci3HZ D Manager's Report. 13. City Attorney's Report. 14. General Discussion . (a) Mayor's Choice. (b) Council Mem ber's if/~~ cfff :anager • I • • • • • AGENDA ITEM ---PRESENTE D B Y ----- ROLL CALL Moved Seconded Ayes Nay Absent Abstain HIQday Neal Vobe1da Weist Bi lo Bradshaw Otis MOTION: I . . • • • • • AGEND A ITEM -----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday v Neal J...-- Vobe;da v- Weist 1-- Bi lo v Bradshaw v Otis v MOl'ION: I . • • • • - AGENDA ITEM ~~ PRESENTED BY-------- ROLL CALL Moved Seconded -~s Nay Absent Abstain Hlgday Neal Vobe1da Weist v Bi lo v Bradshaw Otis ' MOTION: I • • • • • • - ) AGENDA ITEM '>.6 .b PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent ' Abstain Hlqday Neal _It-'_ Vobe1da Weist v Bi lo Bradshaw Otis \ I • • • • • • AGENDA ITEM PRESENTED BY Moved Seco d n ed Ayes Nay Absent Abstain 1-t!Jgdav I Neal I I - Vobe1da - We st Bi lo - c I I Bradshaw I OtIs I I - I _j MOTION: I • • • • • • • AGENDA ITEM /3' 0---PRESENTED BY-------- ROLL CALL Moved Seconded Ay, Nay Absent Abstain Hlgday I Neal I Vo b e,da I )/ Weist -Bi lo r-Bradshaw Oti s ""' MOTION: I • • • • • • - AGEND A ITE M ~--~~~-----PRESENT ED BY-------------- ROLL CALL Moved Seconded A y,s Nay b A sent Absta n l!TCiOaV I v Neal I Vobe1da WeTst v-Bi lo Bradshaw \ Otis \ \ MOTION: I • • • • • • - AGENDA ITEM If U PRESENTED B Y -------- ROLL CALL Moved Seconded Ayer Nay Absent Abstain (..../ Hlgday I ~ Neal I VobeJda I Weist Bi lo Bradshaw Otis \ .~ --~~ d-\ I • • • • • • • AGENDA ITEM PRESENTED BY -------- ROLL CALL Moved Seconded Aye~ Nay Absent AbstaIn Hlgday 1 Neal I Vobe1da I Wei s t " Bi to I v Bradshaw Ot i s _l \ MOTION: I • • • • • - AGE NDA I TEM cJa -L P RESENTED BY ------- ROL L CAL L Moved Seconded A y~ N ay Ab sent Ab sta n Hlgday v Neal Vobe1da I Wei s t 14:11" Bllo .........-Bradshaw Otis \. ' I • • • • • • • AGENDA I TEM __ tj-'---'-1'--J--'---PRESE NTED BY -------- J I (!r ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday Neal Vobeida Weist Bi lo Bradshaw Otis MCYI'ION: I • • • • • • • /'OIL- AGENDA ITEM -----PRES ENTED BY-------- ROL L CAll Moved Seconded Ay s Nay Absent AbstaIn H1gaay Neal Vobe1da Weist ],-' Bi lo v Bradshaw l Otis \.._ MOTION: I • • • • • AGENDA ITEM PRESENTED BY ---------- ,,!/OD j-6 UD 7U ~JWuJ)-/ (JL-0 WL~f?u/ ~ ~-/)LO ~ -~ t1 LNAJ c)w lLc~ 'il.JJ JOE---(_ c.U-J IIY\ Sill)-(o cJL) 2A r 0-~.._,~.J-. a l l? c1'. J /V {,UJ L ~'\\ ~ tlr;a~u.A-~ ~ ROLL CALL Mov ed Seconded Ayes Nay Absent Ab t I s a n ,qCiav Neal Vobe1da Wei s t Bi lo Bradshaw Ot is MOTION: • • I . • • • - AGENDA ITEM ----P RESENT ED BY ------ ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlodav Neal Vobeida Wei s t Bi lo Bradshaw Otis MOTION: I . . • • • • • AGENDA ITEM ---P RESENTE D BY ----- HIQday Neal Vobeida Weist Bi Jo Bradshaw Otis MOTION: I . . • • • • • AGENDA ITEM ----P RE SENTE D B Y ------ ~~~ 1 ~ ~~-<v1 J-·- ~tcf! ~~, ~~C~'-J 1J ~~~Lo-'VJ-~ ~ -(0 ~ ~ C U/bL.U-a CUa.d v (fY\ CL L u.._) • 1:; >'>U ~ 0 )!'\;~\....12 l_ ,J ( __ -~vu._ Q_/\_J ~--L~ ~-l.A~~d-~~CY JIJU.J A r'Y\U.. { tl t/;0 k L...e ~~(f(-JJ..~;a) ·-/)L() r7~ f'u')U-u ~ 0.-e Lu .~J; -B v ~ 'j!v C'~ ~/rtr!&L & '-{~....~.-~a \)~ ;r-~u~ I 0 Moved Seconded Ayes Nay Absent AbstaIn HlgCiay Neal Vo be1 d a Weist Bllo Bradshaw Otis MariON: • I . • • • - AGENDA ITEM __ _ PRESENTED BY ----- -Hlqdav Neal Vob~a Weist Bllo Bradshaw Otis MOTION: I . . • • • • ,. - AGENDA ITEM ---PRESENTED BY ----- HIQday Neal Vobe1da Weist Bilo Bradshaw Otis MOTION: • • I . • • • • • AGENDA ITEM ---PRESENT E D BY ----- Hlodav Neal Vobe-ida Weist Bi lo Bradshaw Otis MOTION : I . • • • • - AGENDA ITEM----PRESENTED BY ------ ~-cb-----0-(711AL <1 it-S VJ~ ~~ lj_/3-v d.t'~ -;() l·'Y~ ur-J -<--A-''bw M-#~~ ~ ~ .A-~ y~ ~; /1 --~ 1~/V-6-' ~1-'--1~ -fP~ t~ ~ro?_ -_,XJ ~ _A.A!Il/~"-1,' J .---)1-()//__f.~ ;!_ Lu p nJ J /<._A( ( (I ~-'--- -Y-~ d;_;jj_~ vfru-) /1~ ~~ ~--~ ()"' ~~ ~0 cb~~ / (t t?~o- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlqday Neal Vobe1da Wels t Bi lo Bradshaw Otis MOTION: • • , I . • • • AGEN DA ITEM P RESENTE D BY -------- A~1Juni77X-J g;;; j -;:, a -yyJJJ ~ ~ ~L1 '-6-u--/L cLoCI p ___J ~ ~~/..._) #)\ a_, ~......YY-----<LU J()-~ L )_ d- . ~ ~ J_A r t '_1 w ., tj)-~d ~L----P/>!A)J_A.A:J ~-7 _J ;z 1.~ A-;;;;-1-hA-d ' c.u.Jl.c.LU. .y:z;._,__,_; ~ /'-<.' />.::-z "--'( ~ 1_., ~ -_/---[1\.12~ h-ut~---tJ/lA 't r aJ-~ 6-d~~ 0wdlt~ C)7 q I ~o (9Jc0~- -/?"'YU-0<'U ">YL-L")~ ~-' cYt--~; ~ ~ ~ CJ ~ ~ J-Y~ -+ J ; I ""'I _x;;tt.U._.L /)'L (l ~V!_., ur -ROLL CALL -r~ Hoved Seconded en Ayes Nay Abs t Ab stain Hlgday Neal Vo b e,da Wei s t Bi lo Bradshaw Otis MOTION: • • I . • • • AGENDA I TEM ~ PRESENTED BY -------- ~k ~ c!) ~ g 9 & ~ ~ /)1 ~ 1J .2> ~L-O ~ A--tfY-1-~v~ cr &-~ ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday Neal Vobe]da Wei s t Bl lo Bradshaw Ot is MOTION: I • • • • • • • AGENDA I TEM -----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain .__. Hlgc:lay \ ~ Neal T Vobe1da I Wei st 7 Bl lo Bradshaw I Otis \ '- MOTION: c u/)__.--- I • • • • • • ,. • AGENDA ITEM -----PRESENTED BY ------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain .... 77 ~ v Neal Vobe1da WeT st Allo Bradshaw Oti s MOTION: • I • • • • • • .. • AGENDA ITEM ----PRESENTED BY ------ uJ ~ ; ~'f f)A/)~ t/)/ (!_j_ ~ ;n fu ~ 'tJv ~>u ,ul-/6)1 [%~v . .)_~) ;[LvtJ--C-ourt-uJ _;1 Lu r!AV-J -t Lu ~'-J ~~\/\N--.J. w-e~ 1:f 0\--Lal -~ .:L ~A_) YJ4Vlti ~A."l 'J-~ &~~ r ~ z gv o &, 't___.-v)A.i~ • ~ ~;J~J ~J 31~ _Cfw-Vh£~ n"-~t 6 d-o RO LL CA LL Moved Seconded A~s Nay Absent Abstain Hlqday Neal Vobe1da I Wei st I Bllo r Bradshaw I Ot is \: ' MOTION: • • I . . • • • AGENDA ITEM -----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain HIQdav v Neal v- Vobeida v Weist v Bll o v Bradshaw v Oti s 1/ MOTION: • I • • • • • • AGENDA ITEM _;_o __ b __ P RESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday Neal Vo b eida Weist L/ Bllo 77 Bradshaw Otis • MOTION: tr-' I • • • • • • • AGENDA ITEM ----PRESE NTED BY ------ d~c£~ i( . ac::Lu,,t ~ ~ JQ~c~-~ r ULA~(0 '1J (Lc[~~ • "1 2__.,_. C~"'--. _;()_}_ C-(ryUjl_ 18--1..4-~~ c a__,r- /0 3 ~ I K S tJ-.-o ~CLk,1Q t~ HT<lday Neal Vobeida Wei s t Bllo Bradshaw Otis MOTION: I . • • - AGENDA ITEM /Db . PRESENT ED BY ----- ~~·~~ ~ ~ 1/)~Q •"-----' --w;~~ S-1-o I ~ /]._~{---~~tt-u JU ~ ~' J ._.-<~ :1 if (l ~ J )U J7IJ._ ):, /YYv._J_ { ~S . ~ Jtl '-J~u__il~ _/--? r~~~"' !03Je'% ..-~_/)~~ <'t;.__-~ 1 h/I.J ~IJ-. -~A LLu ~--"~o.(f1LC!A..U.' q olo y · ;6 fuM ( -£~ no1~ ~ ./)t -e.-1 c./\r-c· ~ ~J _,_ '--fY\ c ~ p 'f tLJ- ~ ~a,-ylZ__ iJ ~ ~~ rn --1\._AL<_) t L G__(J-- ~~ -'/l{) ~ ~~ 'J~ ~~~~ U . ROLL CALL Moved Seconded A ~s Nay Ab sent Ab I sta n Hlgday \ Neal 1 .J:. Vobe]da _j_ Wei s t I Bllo I }./" Bradshaw I Otis \ " \ MOTION: 0-A ~ • I . • • • AGENDA ITEM -----PRESENTED BY-------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain ~a.r.. Nea_!_ vob~U_da W~st ~ ~ilo r.. Bradshaw Otis MariON:~ j:l;g I • • • • • AGENDA ITEM PRESENTED BY ROLL CALL [ -econded t.:.: ~ I Hlgdav A~ Nay ~ I Absent --1. --;::::: I Neal Abstain Vobe-lda -r +--I =i ~ -± We st I ~ I r-.......-Bl lo 7 ...__ I _.L Bradshaw 7 ~ I I =t I I 1-- Otis ,, 1-- - ' -I --1 I ==i Moved s MOTION: I • • • • - AGENDA ITEM ----PRESENTED BY ------ ft. /a'y)~~ ~UDS ~~~P- G o "'·" ( /lvU.v<CP 6 ' ' . ~ T'Y)(.L 6 /Y'xz-0 } CJ ~ 3511 Sv ./Ju'u !V~ ROLL CALL Moved Seconded Abstain IHgdiy Neal Vobeida Weist Bl lo Bradshaw Ot is MOTION: I . • • • • • AGENDA ITEM ----PRESENTED BY ------ ROLL CALL Hoved Seconded Ayes Nay Absent Abstain Hlgday Neal Vobiida Weist Bllo Bradshaw Otis MCYl'ION : I . • • • • • PRESENTED B Y ----- Moved Seconded Ayes Nay Absent Abstain Htgdav Neal Vobe1da Wei s t Bl lo Brads haw Ot i s MOTION : I . • • • • - AGENDA ITEM ----- PRESENTED BY ------- ~vA J L-&~ ROLL CALL Moved Seconded Ay~ Nay Absent Abstain Hlgdav l v Neal Vobeida I Weist 7 v Bllo I Bradshaw I Otis \ " MariON w~ I • • • • • • •' - AGENDA ITEM ----- PRESENTED BY -------- ROLL CALL d d A A b Hove Seconde y~ Nay bsent A sta n v rrrgaay 1 Neal 1 Vobeida I Weist 7 -v-Bilo Bradshaw Otis / MOTION: I • • • • • AGEN DA ITEM ~ ~dk, (VIvd~ ::y; ~"r ~L u (U/1 'U/2-t" ~LL-<~ j-r c__e_ p_ . c}_,__e_c£;__ ~ d ?:I tefl-A~ J~~ ROLL CALL 1'\oved Seconded Ayes Nay Absent Abstain HTgday NeaT v vobe1da Weist -v Bi io Bradshaw Otis MCYrlON c jj 11 z_ q • I . • • - 1'/J) AGENDA ITEM ---''--'-----P RESENTED BY-------- ROLL CALL A Nay Absent Abstain Moved Seconded ~ til gday l Neal I ~ Vobe 1da Weist I Bllo 1"'_ Bradshaw i Otis _l I • • • • • • AGEND A ITEM 1/d--P RESENTED BY-------- ROLL CALL A~ Nay sen Moved Seconded Ab t Abstain """'-Hlgoay v Neal Vobe]da I Weist I ..... Bi to I Bradshaw \ Ot i s ' '- MOT ION : I • • • • ? n • • - AG ENDA I TEM 1/rt ~} n ' PRESENTE D BY_,~ ROLL CALL Moved Seconded A~s Nay Absent AbstaIn Hladay Neal Vobe i da 1 Wei s t v Bi lo [ 1/ Bradshaw Otis '\. ' MOTION: ~J2____ I • • • • • - A,~__;_~ /Y) • AG ENDA ITEM I I e_... . I PRESENTED BY (/ '() C (J UffJ:....__ ;iii~ 11-u '-1 ~~~ ./U~/1 ~ c{J~~ ROLL CALL Moved Seconded Nay Absent Abstain Hlgdav Neal Vobe i da Weist ~ Bllo Bradshaw \ Otis \ MOTION : ~ 11-11 I . • • • - AGE"DA 'TEM ~ ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday Neal -v Vobeida WeTst p Bi lo Bradshaw Otis HOTION: I . • 7~ :{!: ,-(). D ---_;_.--- z (!l /t • • • - AGENDA I TEM -----PRES ENTED BY -------- ROLL CALL Moved Seconded \ Ayes Nay Absent Abstain IHgday J Neal I Vobe1da I Weist I Bi lo I Bradshaw \ Ot i s '- MOTION: t I • • • • • AGENDA I TEM ~ PRESENTED B Y -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday Neal Vobe-lda WeTst 1/ Bllo v Bradshaw Otis I • • • • PRESENTED BY ------ AGENDA ITEM ---- ( c/A_ 'J~ Cuf ~L <'-L , o-<~-J ~ ~ ,1_ JL ~~ ,) f'IV-f c ~~~'r=JI--.4/1~ /3;A -~ rJ_ ~~ flY\ '(N--<>-'~ ~ 0 ROLL CALL Moved Seconded Ayes Nay Absent Abstain -m<i<lav Neal vobe1da We 1st Silo Bradshaw Otis MOTION: I . • • • . .. ( • • • • RESOLUTION NO. ;i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD APPROVING OF THE POLICY REPORT FOR SINGLE FAMILY MORTGAGE REVENUE BONDS UNDER SECTION 103A OF THE INTERNAL REVEN UE CODE AND AUTHORIZING THE HIGHEST ELECTED REPRESENTA- TIVE OF THE CITY TO EXECUTE AND PUB LISH SUCH REPORT. WHEREAS the City of Englewood, Colorado (the "City "), a political subdivision of the State of Colorado, is desirous of participating in the issuance of single family mortgage revenue bonds within the calendar year 1985 in order to assist persons and families of low and middle-income residing within the City in the purchase of safe and sanitary housing; and WHEREAS, pursuant to Section 103A(j)(5) of the Internal Revenue Code of 1954, as amended, it is necessary that the highest elected representative of each governmental unit which is the issuer or on whose behalf single family mortgage revenue bonds are issued has published a statement of policies with respect to housing which such governmental unit is expecting to follow in issuing qualified mortgage bonds; and WHEREAS, such policy report ha s been prepared (a copy of which is attached to this Resolution) and a public hearing following reasonable public notice will be held with respect to such report. NOW, THEREFORE , BE IT RESOLVED by the City Council of the City of Englewood that the policy r port i n substantially the form attached hereto is her eby approv d as a statement which accurately sets fo rth the exp ctations of the City as to the issuance of single family mortgage revenue bonds and the use of the proceeds derived from their sale for the calendar year 1985. BE IT FURTHER RESOLVED that the hjgh est elected representative of the City, being th Mayor, is hereby authorized to publish the report attach d her et o and to execute such report on behalf of the City. I • - • ( • • • Upon motion duly made and seconded, the foregoing Resolution was adopted by the following vot e: STATE OF COLORADO COUNTY OF ss. I, City Clerk for the City of Englewood hereby certify that the above Resolution is truly copied from the records of the proceedings of the City of Englewood, now in my hand and affixed the seal of the City this day of , 1985. City Clerk () I • • - l ... • ( C 0 U N C I L DATE May 2, 1985 • • • C 0 M M U N I C A T I 0 N AGENDA ITEM 10 b SUBJECT: Public Hearing of the Policy Report for Single Family ~lortgage Revenue Rnnrk INITIATED BY Linda A. Knopinski, Acting Assistant Director, Community Development- Houslng ACTION PROPOSEDTo adopt a Resolution approving Policy Report for Single Family l~ortgage Revenue Bonds. At the City Council meeting on April 15, 1985, a public hearing for the Housing Policy Report for the Single Family Mortgage Revenue Bond Program was scheduled. This Housing Policy Report meets the requirements under Section 103A of the Internal Revenue Service code. · The Policy Report and Resolution adopting this report are attached. Staff is recommending adoption of this Resolution after considering comments made a t the Public Hearing. • • I • • \ ( • • • - POLICY REPORT OF THE CITY OF ENGLEWOOD UNDER SECTION 103A TAXPAYER IDENTIFICATION NUMBER: ____________ _ This report sets forth the statements of policy on single family mortgage revenue bonds of the City of Englewood (the "City") to be applied during the calendar year 1985 in accordance with Section 103A(j)(5) of the Internal Revenue Code of 1954, as amended by Section 611 of the Tax Reform Act of 1984 (the "Code"). Section 103A (j)(5) of the Code requires that a report be published by the applicable elected representative of th e Ci ty and a copy of such report submitted to the Commissioner of the Internal Revenue Service. Contained in this report is a statement of policies with respect to housing, development and low-income housing assistance which the City expects to follow in issuing single family mortgage revenue bonds and an assessment of t h e compliance of the City during th e one year period preceding the date of this report with the intent of Congress that State and local governments are expected to use their authority to issue si ngle family mortgage reve nue bonds to th e greatest exten t feasible (taking into account prevailing interest r ates and c ondition s in the housing market) to a ssist lower income families to afford home o wnersh ip b efo re assisting higher income families . The pr i mar y goal of the City in the calend ar year 1985 is to assist qualifi ed low-and middle-income families and persons to obtain the benefits of homeownership through lower interest rates through the use of single family mortgage revenue bonds. The proceeds of the bonds are expected to be used to provide financing for the acquisition for both new and existing homes to be used by the mortgagor as his or her sole place of residence. It is not expected that any particular portion of the proceeds of the bonds will be targeted to any particular class or type of housing except as set forth below. The City h as d etermined that the best method of determining the need a nd demand for various types of housing is to accept applica~ions for mortgage loans from perspective mortgagors on a first-come first-serv basis. • I • • ( . '( • • • .. • Pro c eeds of the bond s will b e a va il ab le to finan c e the purchase of residences of low-and mi dd l e-income families and persons as permitted by the laws of th e State. No particular portion of the proceeds of the bonds wi l l b e targeted specifically to low-income, moderate-income or median income families and persons. 1. The report must be published after a public hearing following reasonable public notice. Such public notice must be published at least 14 days in advance of the hearing. The notice of such hearing will be published on April 17 and the hearing Will be held on May 6, 1985. A copy of such notice and proof of its publication will be attached to this report. Copies of the proposed report will be available on or before the hearing at the office o f the City Clerk. 2. The City has adopted the following particular policies and goals with respect ·~~ the use of bond proceeds within the City for the calendar year 1985: A. The maximum income of all borrowers will be $37,920 with adjustments __ of $1,000 per dependent. B. Englewood Housing Authority owned housing units under the Acquisition, Relocation, Rehabilitation Program will be an area of emphasis. Priority will be given for mortgages on these units. C. No additional assis tan c e i s anticipated at this time to be provided by the Cit y ei ther in the form of mort- gage subsidies or supplements to th e bond program . D. The City will s el ect q ualified lenders and alloc ate bond proc ee ds to parti cipati n g l e nder s in a manner that f urther s the obj e ctives o f t h is po l i cy and is both e qui t ab le or p rac ti c a l . 3. Th e C ity p artic ipa ted i n the Arapahoe Coun ty issue mo rtgage r e v e nu e bo nd s du ri n g 1 984 . 4 . Attache d hereto will be a summary of comm ents o n th e p r oposed repo r t received at t h e publ1c hearing . 5 . In or d er to effect th policies and goals set fo r t h i n this report , t h e C ity r ecognizes t h at it may participate wi th on e o r mor e ot h er go v e rnme n tal u nits wit h i n t h S tate of Col orado a nd e n ter i n t o s u c h agr eements as may b n ecessary to a ccomp lish s u c h p ur poses . A copy of t h is r e p o r t is t o be s u b mi tte d to t h e Co mm ission e r of t h e In te rn al Reve nu e Servi ce b efore t h e d ate s u c h bo nd s a r e i s s u e d. Th e unde r sign e d, a s May o r a u t h orizes the issuan ce of t h is r epo r t as of t h e 15t h d ay of April , 1985 . By~----------------------------Mayor I • • ( • ( • • • • WBERBAS, aultiple acleroaia (MS) ia an inaidioua diaeaae affecting the nervoua ayateaa of young people in the priae of their livea1 and WBBREAS, there are nearly 3,000 people with aultiple acleroaie in Colorado which haa one of the bigheat per capita ratea of aultiple acleroaia of any area in the world, and WHEREAS, the Multiple Scleroaia Society of Colorado ia coaaitted to the aanageaent and cure of the diaeaae, aa well aa varioue typea of aaeietance to MS people and their faailiea, MOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, do hereby proclaia that May be known aa MULTIPLE SCLEROSIS MONTH in Englewood, Colorado, and urge all citizena to becoae aore acquainted with the diaeaae in order to better coabat ita affecta. GIVEN under ay hand and official aeal thie 6th day of May, 1985. • I • • - ( • • • • P R 0 C L A M A T I 0 N WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, public buildings, solid waste collection, and snow removal; and WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facili- ties, as well as their planning, design and construction, are vitally dependent upon the efforts and sk i ll of p ublic works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people 's attitude and understanding of the importance of the work they perform. NOW , THEREFORE, I, EUGENE L. OTIS, Ma yor of the City of Englewood, Colorado, do hereby proclaim the week of Ma y 19 -25, 1985 as PUBLIC WORKS WEEK in the Ci ty of Englewood and call upon all citizens and civic organizations to acquaint themselves with the problems involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety , and comfort. GIVEN under my hand and seal this 6th day of May, 1985. I • - ( • • • • P R 0 C L A M A T I 0 N WHEREAS, the strength of our nation, and its cities flows from the promise of individual equality and freedom of choice; and WHEREAS, Fair Housing is the policy of the City of Englewood, Colorado, and implementation of that policy requires the positive commitment, involvement and support of each of our citizens; and WHEREAS, barriers that diminish the rights and limit the options of any citizen will ultimately diminish the rights and limit the options of all; NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood proclaim the month of April, 1985, as FAIR HOUSING MONTH in the City of Englewood, Colorado. I do hereby encourage all citizens to abide by the letter and spirit of the Fair Housing Law, and ask the citizens of this City to join in reaffirming the obligation and commitment to fair housing opportunities for all. I • • • Rm1IAR MEETING: • • • COUOCIL OfAMBERS City of Englewood, Colorado April 15, 1985 'nle City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on April 15, 1985, at 7:30 p.m. Mayor Pro Tern Bradshaw, presiding, called the meeting to order. 'nle invocation was given by Reverend William Mantei, Centennial Lutheran Church, 3595 West Belleview Avenue. 'ftle pledge of allegiance was led by Boy Scout Troop 192. Mayor Pro Tern Bradshaw asked for roll call. Qpon a call of the roll, the following were present: Council He!nbers Higday, Neal, Vobejda, Weist, Bradshaw. Absent: Council He!nbers Bilo, otis. The Mayor Pro Tern declared a quorum present • • • • • • • • Also present were: City Manager l'kCown Assistant City Manager Vargas City Attorney Olsen Assistant Director of Community Development (Planning) D. Romans Deputy City Clerk Owen • • • • • • • <XlUtCIL MH1BER NEAL I'«JVED 1Q APPROVE 'ItiE MINlli'ES OF 'ItiE Rm1IAR MEETING OF APRIL 1, 1985 WI'Iti 'ItiE ADDENDA OF IlCLUDING IN ATTENOMCE WAS CITY ATTORNEY OLSEN AND INSERTING 'ItiE FOLLCMING lANGUAGE ON PAGE 4 AFTER 'ItiE FIRST SET OF ASTERISKS: "Director of Engineering Services Diede presented a re- catmendation to award the bid for the groundwater p.Jmp back system project at the golf course to Tierdael Con- struction Company, the lowest bidder. "MAYOR PRO TEM BRADSHAW K)VEO 1Q AWARD 'ItiE ENGLD«XJD OOLF axJRSE GROl!NIMATER PUMP BACK SYSTEM PROJEX:T 1Q TIERDAEL CONSTRUCTION <XlMPANY IN 'ItiE AMOUNT OF $79,480. Council He!nber Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • • • • April 15, 1985 Page 2 "Ayes: Council Members Higday, Vobejda, Weist, Bilo, Bradshaw, Otis. "Nays: Council Member Neal. "The Mayor declared the root ion carried." Council Helber Vobejda seconded the rrotion. ~n a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council MenDers Higday, Neal, Vobejda, Weist, Bradshaw. None. Council MenDers Bilo, Otis. The Mayor Pro Tern declared the rrotion carried • • • • • • • • Mayor Pro Tern Bradshaw presented a commendation letter to mem- bers of the Centennial Lutheran Church for their 25th anniversary for service to the cmmunity. Reverend William Mantei and Bob Nelson, presi- dent of the congregation were present to accept the commendation. Presi- dent Nelson thanked Council for this recognition and invited Council to join the church and cannunity at its celebration on May 3, 4, and 5, 1985. • • • • • • • Hr. Tan Burns, Chainnan of the Englewood Housing Authority, presented Council with a check in the amount of $12,189.77 for payment in lieu of taxes for Simon Center and Orchard Place properties. Mr. Burns stated the payment was pursuant to the City's agreement with the Housing Authority and expressed appreciation for the working relationship that the Housing Authority has with the City • • • • • • • • There were no other visitors at this time • • • • • • • • COUOCIL HEl1BER WEIST KJVID TO APPROVE A PROCLAMATION DFX:LARit«; APRIL 19, 1985, AT "ARBOR llo\Y." Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council MenDers Higday, Neal, Vobejda, Weist, Bradshaw • • I • • - • April 15, 1985 Page 3 Nays: Absent: • • - None. Council Members Bilo, Otis. 'ftle Mayor Pro Tem declared the m:>tion carried. Mayor Pro Tem Bradshaw announced the Arbor Day ceremonies would be held on Friday at 10:00 a.m. at the Englewood C<mnunity Center. * * * * * * * O'XJtCIL Hfl1BER HICDAY ~'«)~JED '00 APPROVE A PROCLAMATION DFX:LARit«i APRIL 22-28, 1985, 1IS "VVLUNTEER REXl>GNITION WEEK." Council Member Vobejda seconded the m:>tion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Weist, Bradshaw. None. Council Members Bilo, Otis. 'ftle Mayor Pro Tem declared the m:>tion carried. * * * * * * * O'XJtCIL Hfl1BER NFAL P«)VVD ro APPROVE 'mE PR<X:LAMATION DFX:LARit«i MAY 2, 1985, 1IS "NATIONAL DIW CF PRAYER." Council Member Weist seconded the m:>tion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Weist, Bradshaw. None. Council Members Bilo, Otis. 'ftle Mayor Pro Tern declared the m:>tion carried. * * * * * * * O'XJtCIL HEl'IBER VOOEJDA MOVED '00 APPROVE A PROCLAMATION DFX:LARING 'lliE WEEK OF MAY 5 'lliROUGH MAY 11, 1985, 1IS "SHALL BUSINESS WEEK." Council Member Weist seconded the m:>tion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bradshaw. None. • I • • • April 15, 1985 Page 4 Absent: • • - Council Members Bilo, otis. 'nle Mayor Pro Tern declared the rrotion carried. * * * * * * * "Consent Agenda" i terns were as follows: (a) Minutes of the Board of Career Service Commissioners meetings of January 24, February 7, 12, 21, 25, 27, March 13, 14, 15, 19, and 21, 1985. (b) Minutes of the Urban Renewal Authority meetings of March 6 and 13, 1985. (c) Minutes of the Planning and Zoning Commission meeting of March 19, 1985. (d) Ordinance on final reading approving an agreement between the City of Englewood and South Suburban Metropolitan Recreation and Park District to construct a hike/bike trail from the north boundary of Englewood Golf Course along the South Platte River to west Oxford Avenue. (e) Ordinance on final reading approving utili ties ease- ments submitted by Dodson-Thomas Investments for pro- perty located between West Warren Avenue and West Baltic Avenue. (f) Ordinance on final reading approving the amended con- tract between the State Highway Department and the City of Englewood for enclosure of the City Ditch. (g) Ordinance on final reading approving Southgate Sani- tation District's Supplement to No. 15 to annex ap- proximately 40.437 acres to the District. (h) Ordinance on final reading approving Greenwood Village Sewer Improvement District No. 1, Supplement No. 10 to annex approximately one acre to the District. COlJOCIL MEMBER NEAL I'«JVED TO APPROVE CX>NSENT AGENDA ITEMS 9 (A) - (H). Council Member Weist seconded the rrotion. Mayor Pro Tern Bradshaw noted that sane of the minutes from the Board of Career Service Commissioners had not been approved. City Manager McCown stated the reason was for lack of a quorum and that a t a meeting where a quorum wa s present, the minutes would need I • • • April 15, 1985 Page 5 • • • official approval or amendments. For now unofficial minutes were being transmitted. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Herrbers Higday, Neal, Vobejda, Weist, Bradshaw. None. Council Members Bilo, otis. 'the Mayor Pro Tan declared the 100tion canied. Consent Agenda item (d) Council Bill No. 2 was numbered Ordi- nance No. 20; (e) Council Bill No. 19 was numbered Ordinance No. 21; (f) Council Bill No. 22 was numbered Ordinance No. 22; (g) Council Bill No. 23 was mnbered Ordinance No. 23; (h) Council Bill No. 24 was numbered Ordinance No. 24. * * * * * * * City Manager McCown presented a J:E!Ca'llnerklation fran the Engi- neering and Finance Departments to approve a resolution adopting the PIF Six-Quarter Budget for the period of April, 1985 to October, 1986. RESOLUTION 00. 15 SERIES OF 1985 A RESOLUTION AMEN:>ING 'nfE PUBLIC I~ FUtl>. a::>mciL HD1BER NEAL foOJID 'ro PASS RESOLUTION 00. 15, SERIES OF 1985. Council Member Vobejda seconded the 100tion. ~n a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Herrbers Higday, Neal, Vobejda, Weist, Bradshaw. None. Council Herrbers Bilo, otis. The Mayor Pro Tem declared the motion carried. * * * * BY AUTHORITY ORDINAOCE 00. SERIES OF 1985 __ _ * * * COUNCIL BILL 00. 25 INTROOUCED BY a::>mciL HD1BER HIQ)Ay • I • • • April 15, 1985 Page 6 A BILL FOR • • • AN ORDINAOCE REZONING A PAR:EL OF lAND lOCATFD AT 3511 OOUTH I:XMNING STREET IN 'DiE CITY CF ~' CXXJNrY OF ARAPAHOE, STATE CF CDLORADO, FROM R-2, HFDili1-D~ITY RESIDDCE DISTRICT, 'ro B-2, BUSINESS DISTRICT. <X>UOCIL MEMBER HICDAY P«:JVED 'ro PASS <X>UOCIL BILL 1«>. 25, SERIES OF 1985, ON FIRST READING AND ADD ON PAGE 2 THAT A PUBLIC HEARING WOULD BE HElD ON I'DNDAY, foP.Y 6, 1985 AT 7:30 P.M. AND AI.S> 'ro Ra::EIVE 'DiE RE- a:Ho!ENDATION CX>lCERNING ClXJtCIL BILL 1«>. 25 FROM 'DiE PLANNING AND ZONING CCH1ISSION. Council Herrtler Neal seconded the lll)tion. Council Member Neal asked Dorothy Ranans, Assistant Director of Community Development (Planning) to confirm the proposed zoning was con- sistent with the comprehensive plan. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Weist, Bradshaw. None. Council Mettlers Silo, Otis. The Mayor Pro Ten declared the lll)tion carried. * * * * * * * Linda Knopinski, Acting Executive Director of the Englewood Housing Authority, presented several items concerning single family lll)rt- gage revenue bonds. <X>UOCIL MEMBER VIEEJDA P«:JVED 'ro RDIOVE FROM 'DiE AGENDA, ITEM 11 (C) (I) WHICH WAS A RESOLUTION CX>OCERNING 'DiE HOUSING POLICY OOTLINING 'DiE REQUIIUMENTS FOR 'DiE CITY'S SINGLE FAMILY l'f)RTGAGE REVENUE BOND PRO- GRAM FOR LATER a:>NSIDERATION AT A PUBLIC HEARING ON MONDAY, foP.Y 6, 1985, AT 7:30 P.M. Council Member Neal seconded the lll)tion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Weist, Bradshaw. None. Council Members Bilo, Otis. The Mayor Pro Ten declared the motion carried. * * * * * * * I • • • April 15, 1985 Page 7 RESOLUTION 00. 16 SERIES OF 1985 • • • A RESOLUTION OF mE CITY OF ~' <X>LORADO SETTING FORni 'llfE ltll'ENT OF 'llfE CITY OF ~' <X>LORADO, 'ro ISSUE SINGLE FAMILY P«>RTGAGE RE- VENUE BONDS 'ro FINAtCE A SINGLE FAMILY Jloi)RTGAGE PURCHASE PROGRAM WITHIN mE CITY. CX>UtCIL MEMBER NEAL P«>VVD 'ro PASS RESOLUTION 00. 16, SERIES OF 1985. Council foterrber Weist seconded the notion. ~.¥>n a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council foterrbers Higday, Neal, Vobejda, Weist, Bradshaw. None. Council Members Bilo, otis. 'Itle Mayor Pro Tern declared the notion carried. RESOLUTION 00. 17 SERIES OF 1985 * * * * * * * A RESOLUTION OF THE CITY OF EH>LfJolXX>, CX>LORADO, SETTING FORTH mE INTENI' OF mE CITY OF EH>I.Ei«XX>, CX>LORADO, 'ro TRANSFER ITS ALLOCATID PORTION OF SINGLE FAMILY P«>RTGAGE REVENUE BONDS UNDER 'llfE STATE CEILING FOR CITIES AND TOWNS IN mE STATE OF CX>LORADO 'ro mE CITY OF LAirn't'OOO, CX>LORADO. CX>UtCIL MEMBER HI <DAY HOVID 'ro PASS RESOLUTION 00. 17, SERIES OF 1985. Council foterrber Neal seconded the notion. ~.¥>n a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Weist, Bradshaw. None. Council foterrbers Bilo, otis. 'Itle Mayor Pro Tem declared the notion carried. * * * * * * * 'Itlere was no City Manager's Report at this time. * * * * * * * I • • • April 15, 1985 Page 8 • • • There was no City Attorney's Report at this time. * * * * * * * Council Maliler Higday requested a status report fran the City Manager's office on the progress in negotiations for leasing the property next to the recreation center fran Beatrice Foods. Mr. Higday requested the report by Hay 15th. * * * * * * * Council Herltler Neal announced that the mDA approved a $200,000 expenditure to pay for street lighting and landscaping in downtown Englewood. * * * * * * * No further business was discussed. C'OUtCIL 11EMBER HlmAY ~'«WWD 'ro ADJOURN. There being no further business, the Mayor Pro Tern adjourned the meet i ng without a vote at 8:15 p.m. ,~~~ ty C1 ty c1E!r • I • • • • - AGENDA ITEM PRESENTED BY ROLL CALL Moved s econded Ayes Nay Absent Abstain c 1-I H': a1 av Nea T .--+-----, -c--Vobe,da ......__ i Weist t= - I I llo --= T Bradshaw 1--- I OtI s I I 1 ~ I =:1 MariON: I • • • ( • SPECIAL MEETING: • • - COUNCIL OUIMBERS City of Englewood, Colorado April 8, 1985 The City Counci 1 of the City of Englewood, Arapahoe County, Colorado, met in regular session on April 8, 1985, at 7:30p.m. Mayor Pro Tern Bradshaw, presiding, called the meeting to order. The invocation was given by Council Member Higday. The pledge of allegiance was led by Mayor Pro Tern Bradshaw. Mayor Pro Tern Bradshaw asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Absent: Mayor Otis. The Mayor Pro Ten declared a quorum present. * * * * * * * Also present were: City Manager McCown * * * Assistant City Manager Vargas City Attorney Olsen Director of Engineering Services Diede Deputy City Clerk Owen * * * * COUNCIL MF11BER BILO MJVED 'ro OPEN THE PUBLIC HEARING ro CONSIDER PAVING DISTRICT 00. 30. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw. None. Mayor Otis. The Mayor Pro Tern declared the motion carried. Council Member Neal gave opening remarks concerning the history of paving districts in the City of Englewood and explained the 10-year plan to eventually bring all the street up to standard. • I • ( • April 8, 1985 Page 2 • • - Director of Engineering Services Diede presented the cost, time- table, and method of payment on Paving District No. 30. Rick Kahm, Office Engineer, presented specific information on the type of proposed improvements. Mayor Pro Tern Bradshaw set the forum on the basis that comments would be heard according to each block section. Mayor Pro Tern Bradshaw asked for comments on the reconstruction of the 500 and 600 blocks of East Amherst Avenue. Deputy City Clerk Owen read into the record a copy of the pub- lisher's affidavit of the public hearing legal notice, and a letter from Mr. and Mrs. McWilliams, 2796 South Pennsylvania, opposing the district. Marilee Thomas, 2799 South washington Street, had several ques- tions regarding the 70/30 policy compared to what other municipalities in the metro area are doing. Ms. Thomas stated her house was built in 1956 at which time the cost of paving the street should have been in purchase price of the house. Ms. Thomas stated the real estate agent did not inform her that she may be subject to special assessments when she bought the house only a few years ago. Also, she asked if any of this assess- ment was deductible on income tax. Mr. Bi 11 Lamn who was present an- swered only the interest on the principal was tax deductible. Ms. Thomas noted there was no sidewalk on Amherst Avenue. She asked what it cost to maintain Amherst at the present time; could the citizens complain about a pothole afterwards, who paid assessment costs for school property. Ms. Thomas asked Council to consider removing Amherst from the District because it was not that busy. Frances McWilliams, 2796 South Pennsylvania, related experiences of being in a previous paving district. Mrs. McWilliams stated she would receive no benefit from this district. Raymond McWilliams, 2796 South Pennsylvania, asked Council to honor the petition signed by residents opposing the project. April Benjamin, 635 East Amherst Avenue, stated submitting a petition was the democratic way to reflect opposition; however, another consideration would be the financial hardship for elderly , retired citi- zens. Chuck Haines, 525 East Amherst Avenue, stated he opposed the district because he would be losing one-third of his front yard and two trees. Mr. Haines stated there was no need for an 8-foot sidewalk. Gary Sample, 2800 East Amherst Avenue, opposed widening the sidewalk. * * * * * * * I • ? - April 8, 1985 Page 3 • • • Mayor Pro Tern Bradshaw asked if there were comments on the re- construction of the 800 block of East Amherst Avenue. James Girt, 825 East Amherst Avenue, opposed the district on the basis that he could not afford the cost and it was unnecessary. Suzette Hunt, 2830 South Clarkson Circle , was against the dis- trict on the basis that cost was a hardship and the area was used as an alley for trash pickup. Ms. Hunt stated she could better use the money for home improvements. Bob Parker, 2820 South Clarkson Circle, stated the area was considered an alley and opposed the paving as having no direct benefit to him. Joe WOlkensdorfer, 2800 South Clarkson Circle, stated he bought the property because it was country-like, and paving would remove this type of environment. * * * * * * * Mayor Pro Tern Bradshaw asked if there were comments on the re- construction of the 900 block of East Amherst Avenue. Carolyn Dearington Tate, 2798 South Emerson, did not want the improvements to turn the street into a "thru-street"; and thereby disturb the neighborhood. Ms. Tate asked Council to consider reducing the "V" pan and graveling the street. Brad Tate, 2798 South Emerson, was concerned about drainage. Mr. Tate thought the City was responsible for drainage. If not then he would be in favor of street improvements for proper drainage. Rick Osbaugh, 900 East Amherst Avenue, agreed with Mr. Tate. Mr. Osbaugh was concerned about the removal of trees. Also, he asked why pave the street when it was not snow-plowed in the wintertime. * * * * * * * Mayor Pro Tern Bradshaw asked if there were comments on e1e re- construction of the 2700 block of South Emerson Street. Dick Dickerson, 2882 South Emerson, thanked the City Council and engineering staff for including the area in the district. Mr. Dickerson stated even though he was sympathetic to the owners, he supported the paving district. ( John Edwards, 2771 South Emerson, appreciated any efforts that • would keep the street tree-lined. Mr. Edwards questioned "V" pans usage and suggested patching. Mr. Edwards noted there were five women living I • • ( • April 8, 1985 Page 4 • • • alone and three retired couples on this street and paying for the assessments may be a hardship. Jake Echardt, 2700 block of South Emerson, stated an overlay was acceptable. The "V'' pans would be of no benefit. * * * * * * * Mayor Pro Tern Bradshaw asked if there were comments on the re- construction of the 2800 block of South Emerson Street. Viola Hubka, 2838 South Clarkson Circle, was surprised to be assessed for South Emerson. Ms. Hubka asked that her property be re- checked since her assessment seemed to be high ($3,000). Craig Bigelow, 2834 South Clarkson Circle, stated the improve- ments would invite more and faster traffic. Ralph Huddleston, 2800 block of South Clarkson Circle, opposed the paving. He thought the improvements and maintenance thereof should be the City's responsibility. Cheri Bandici, 2832 South Clarkson Circle, opposed the cost of the project because it would be no benefit to her. Ms. Bandici 's estimated cost was $6,000. · Marjorie Beckergar~r residence as being located at the end of the block), stated she supported the paving because it provided access yet did not take away from the atmosphere of country living . ,.I / ~ ... Pete aaReiei, 2832 South Clarkson Circle, opposed the paving because it would increase traffic. Mr. Bandici wanted Council to take a "straw vote." Mayor Pro Tern Bradshaw denied conducting an unofficial vote on the basis that the hearing was a fact gathering session rather than a decision-making session. Mr. Bandici then requested 15 mile an hour signs be put up. * * * * * * * Mayor Pro Tern Bradshaw declared a recess at 9:40 p.m. Council reconvened at 9:50p.m., and the Mayor Pro Tern asked for a roll call. Upon a call of the roll, the following were present: Council Members Higday, Vobejda, Weist, Bilo, Bradshaw. Absent: Council Members Neal, Otis. The Mayor Pro Tern declared a quorum present. * * * * * * * • I • • ( • April 8, 1985 Page 5 • • - Mayor Pro Tern Bradshaw asked if there was anyone wishing to speak on the reconstruction of the 3400 block of South Emerson Street. There was no one at this time. * * * * * * * Mayor Pro Tern Bradshaw asked if there was anyone wishing to speak on the reconstruction of the 2700 and 2800 block of South Ogden Street. Council Member Neal entered the meeting at 9:53 p.m. George Blankenship, 2750 South Ogden, thanked Council for their efforts to improve the block. Mr. Blankenship asked that consideration be given to eliminating the sidewalk installation. Further, Mr. Blankenship stated an overlay would be adequate for this block. Felix Brin, 1001 East Bates Parkway, expressed concern that traffic would increase after the street was improved. trict. Ray Ludwig, 2888 South Ogden, spoke in favor of the paving dis- r l.b-~ Doug Har~r, 2790 South Ogden, requested stop signs or speed bumps along this block to slow down traffic. Mr. Harter asked if the City repaired utility mains prior to upgrading the street. Mr. Harter was unsure that a 4 foot sidewalk was necessary. Rick Kahm responded that coordination with utility companies is done and the repairs are completed before the street is improved. Doug Sovern, 2801 South Ogden, echoed the cooments of Mr. Harter and Mr. Ludwig. V.R. Vets, 2700 South Ogden, questioned the need for 4-foot sidewalks on this block; 2-foot sidewalks would be sufficient. Mr. Vets stated an overlay was acceptable. Council Member Bilo stated 4-foot sidewalks have been reported to allow two people to walk side-by-side where 2-foot does not. Lawrence Gilford, 2710 South Ogden, requested another review of this property. Mr. Gilford wanted to submit a petition opposing the district. Mayor Pro Tern Bradshaw noted an additional hearing would be held on May 6, 1985. • I • • (\ r • • • .. • April 8, 1985 Page 6 Mary Ellen Stimel, 2750 South Ogden, opposed widening the side- walks. * * * * * * * Mayor Pro Tern Bradshaw asked if there was anyone wishing to speak on the reconstruction of the 270 0 block of South Pearl Street. Scott Clleeseswell, 2736 South Pearl , noted that he had received three different estimates. He was concerned about the items that were included in the assessment costs and chargeable to the property owner. He asked if the sewer lines had been inspected prior to construction. Mr. Cheeseswell stated the street had been repaired 11 times already since August and asked why wait until now to put it into a district. He asked Council to consider overlaying the block. Lastly, Mr. Cheeseswell expressed there was inadequate lighting for this block. Council Member Neal stated this section was thrown out of a paving district in 1978. An overlay would not work because the base had deteriorated. * * * * * * * Mayor Pro Tern Bradshaw asked if there was anyone wishing to speak on the reconstruction of the 3000 block of South washington Street. Robert Krugan, 3069 South washington, submitted a petition op- posing the district. Mr. Krugan stated the street was torn up for water line int>rovements and now again for paving irrprovements. Mr. Krugan asked for a reevaluation on the curbs. Mr. Krugan stated the center was in good shape and could the outside lanes of the street be overlayed. Ron Lunders, 3000 South washington, asked for a reevaluation of the curb and gutter. Mr. Lunders asked Council to minimize costs as best they can. 'n1e sidewalks were in good shape and did not appear to need replaci ng or widening. Mr. Lunders stated wi dening the sidewalks would int>a c t his fence placement and trees; and therefore was against new side- walks. * * * * * * * Mayor Pro Tern Bradshaw asked if there was anyone wishing to speak on the construction of the 1600 and 1700 blocks of West Baltic Avenue. Craig Dodson reminded Council he had submitted the 100% participation petition for inclusion in this year's paving district some roonths back. * * * * * * * • I • • • April 8, 1985 Page 7 • • • Mayor Pro Tern Bradshaw asked if there was anyone wishing to speak on the construction of the 200 through 700 blocks of East Hampden Avenue. There was no one at this time. * * * * * * * Mayor Pro Tern Bradshaw asked if there was anyone wishing to speak on the construction of the 1800 through 2100 blocks of West Union Avenue. There was no one at this time. * * * * * * * Mayor Pro Tern Bradshaw asked if there was anyone wishing to speak on the stripping and paving of the 600 block of East Washington Circle. 'Itlere was no one at this time. * * * * * * * Mayor Pro Tern Bradshaw asked if there was anyone wishi ng to speak on the overlaying of the 5000 block of South Washington. There was no one at this time. * * * * * * * Mayor Pro Tern Bradshaw asked if there was anyone wish i ng to speak on the overlaying of the 500 through 700 block of Ea s t Amherst Place, There was no one at this time . * * * * * * * Mayor Pro Tern Bradshaw asked if there was anyone wishing to speak on the overlaying of the 2800 through 3000 block of South Bannock Street. Keith Itsel , 2895 South Bannock, spoke in opposition in that these blocks did not need repair, and the gutter damage was minimal. Mr. Itsel stated if the area was reevaluated, the engineers would see good drainage exists. Mr. Itsel stressed the importance of replacing trees. He agreed to the placement of sidewalks. He was concerned that traffic would increase if the street was improved • I • • April 8, 1985 Page 8 * * * * * • • - * * Mayor Pro Tern Bradshaw asked if there was anyone wishing to speak on the removal and replacement of the 4900 block of South Galapago Street. There was no one at this time. * * * * * * * Mayor Pro Tern Bradshaw asked if there was anyone wishing to speak on the removal and replacement of the 3500 block of South Lincoln Street. There was no one at this time. * * * * * * * Mayor Pro Tern Bradshaw asked if there was anyone wishing to speak on the removal and replacement of the 4100 block of South Lincoln Street. There was no one at this time. * * * * * * * Mayor Pro Tern Bradshaw asked if there was anyone wishing to speak on the paving district that did not get a previous chance. Katherine Bigo, 2980 South Bannock, asked how the Engineering Department determined what streets required overlays, reconstruction, etc,; and what determined the need to replace, widen sidewalks, etc. Director Diede reviewed the criteria used by his department. Gene Dunn, 5001 South Clarkson, stated if the cost of a curb and gutter, and sidewalk was in the price of a home, it should be the City's responsibility for upkeep. Darrel Dummer, 782 East Amherst Place, stated an overlay on his block was acceptable, but would appreciate a reevaluation. Mr. Dummer contended the block would not have to be replaced if the base was properly put in before and properly inspected by the City. * * * * * * Bill Lamm of Lamm, Edstrom, and Braymer real estate appraisor to speak on the subject of Mr. Smith stated the improvements that come with a paving district provide safety to the residents and enhancement to the • I • - • April 8, 1985 Page 9 • • • neighborhood. 'ltlis upgrade can only make an area more attractive to prospective buyers. Mr. Smith stated an insurance claim for an incident on a broken sidewalk or curb and gutter will name the City and property owner in on the suit; therefore, it was Lmportant to keep streets, cubs and gutters in good repair. Mr. Smith stated prospective buyers generally check to see if a piece of property they are interested in has a special assessment lien against it. Mr. Smith asked Council to consider the whole picture on this project, and concluded by stating "you can replace a tree but not a child." 'ltlere were no further comments. * * * * * * * COU!CIL tmmER HIG>AY t«lVED 'ro CLOSE 'llfE HFARING. Council Member Bilo seconded the rotion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council He!rbers Higday, Neal, Vobejda, Weist, Bilo, Bradshaw. None. Mayor otis. 'ltle Mayor Pro Tern declared the rotion carried and adjourned the meeting at 11:05 p.m. I . ( • REGULAR MEETING: • • - COUOCIL OW1BERS City of Englewood, Colorado April 15, 1985 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on April 15, 1985, at 7:30 p.m. Mayor Pro Tern Bradshaw, presiding, called the meeting to order. The invocation was given by Reverend William Mantei, Centennial Lutheran Church, 3595 West Belleview Avenue. The pledge of allegiance was led by Boy Scout Troop #92. Mayor Pro Tern Bradshaw asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Vobejda, Weist, Bradshaw. Absent: Council Members Bile, otis. The Mayor Pro Tern declared a quorum present. * * * * * * * Also present were: City Manager McCown * * Assistant City Manager Vargas City Attorney Olsen * Assistant Director of Community Development (Planning) D. Romans Deputy City Clerk Owen * * * * COUNCIL M'El'ffiER NEAL MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF APRIL l, 1985 WITH THE ADDENDA OF INCLUDING IN ATTENDANCE WAS CITY ATTORNEY OLSEN AND INSERTING THE FOLLCMING LANGUAGE ON PAGE 4 AFTER THE FIRST SET OF ASTERISKS: "Director of Engineering Services Diede presented a recommendation to award the bid for the groundwater pump back system project at the golf course to Tierdael Construction Company, the lowest bidder. MAYOR PRO TEl1 BRADSHAW MOVED TO AWARD THE ENGLMX>D OOLF COURSE GR<XJNrMATER PUMP BACK SYSTEM PROJa:::T TO TIERDAEL CONSTRUCTION COMPANY IN THE AMOUNT OF $79,480. Council Member Vobejda seconded the rootion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Vobejda, Weist, Bradshaw • • I • • • April 15, 1985 Page 2 Nays: Council Members Bilo, Otis. • • • '!be Mayor declared the IOOtion carried." Council Member Vobejda seconded the rotion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Weist, Bradshaw. None. Council Members Bilo, Otis. '!be Mayor Pro Tern declared the 100tion carried. * * * * * * * Mayor Pro Tern Bradshaw presented a commendation letter to members of the Centennial Lutheran Church for their 25th anniversary for service to the catmunity. Reverend William Mantei and Bob Nelson, president of the congregation were present to accept the commendation. President Nelson thanked Council for this recognition and invited Council to join the church and community at its celebration on May 3, 4, and 5, 1985. * * * * * * * Mr. Torn Burns, Chairman of the Englewood Housing Authority, presented Counc il with a check in the amount of $12,189.77 for payment in lieu of taxes for SiiOOn Center and Orchard Place properties. Mr. Burns stated the payment was pursuant to the City's agreement with the Housing Authority and expressed appreciation for the working relationship that the Housing Authority has with the City. * * * * * * * 'lbere were no other visitors at this time. * * * * * * * COUOCIL MFl1BER WEIST MOVED TO APPROVE A PROCLAMATION DOCLARING APRIL 19, 1985, AT "ARBOR DAY." Council Member Higday seconded the IOOtion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Weist, Bradshaw. None. Council Members Bilo, Otis. I • • ( • April 15, 1985 Page 3 • • • The Mayor Pro Tern declared the motion carried. Mayor Pro Tern Bradshaw announced the Arbor Day ceremonies would be held on Friday at 10:00 a.m. at the Englewood Community Center • • • • • • • • COUOCIL MEMBER HICDAY fol)VID 'ro APPROVE A PROCLAMATION DECLARING APRIL 22-28, 1985, AS "VOLUNTEER RFX:OGNITION WEEK." Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Weist, Bradshaw. None. Council Members Bilo, Otis. The Mayor Pro Tern declared the motion carried. • • • • • • • COUOCIL MEMBER NEAL I'I)VED 'ro APPROVE THE PROCLAMATION DECLARING MAY 2, 1985, AS "NATIONAL DAY OF PRAYER." Council Member Weist seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Weist, Bradshaw. None. Council Members Bilo, Otis. The Mayor Pro Tern declared the motion carried • • • • • • • • COUOCIL MEMBER VOBEJDA I'I)VED 'ro APPROVE A PROCLAMATION DECLARING THE WEEK OF MAY 5 THROUGH MAY 11, 1985, AS "SMALL BUSINESS WEEK." Council Member Weist seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Weist, Bradshaw. None. Council Members Bilo, Otis. • I • • ( ( April 15 , 1985 Page 4 • • - The Mayor Pro Tern declared the roo ti on carr i ed • • • • • • • • "Consent Agenda" items were as fo llows: (a) Minutes of the Board of Career Service Catrnissioners meetings of January 24, February 7, 12, 21, 25, 27, March 13, 14, 15, 19, and 21, 1985 . ~) Minutes of the Urban Renewa l Au t hor i ty mee ti ngs of March 6 and 13, 1985. (c) Minutes of the Plann i ng and Zon i ng Commission meeting of March 19, 1985. (d ) Ord i nance on f i na l read i ng approvi ng an agreemen t between the Ci ty of Eng l ewood a nd Sou t h Suburban Me t ropo l itan Rec r eation a nd Park Di str ict t o construct a h i ke/bi ke tra i l from the north bound a r y of Englewood Golf Course a l ong the South Platt e Ri ver to West Oxford Avenue. (e) Ordina nce on fina l r eadi ng approv i ng utili t i es easements subm itted by Dodso n-Th oma s Investment s for property located between We s t wa rren Avenue a nd Wes t Baltic Avenue . (f) Ordinance on final read i ng appr ov i ng the amended contract between the State Hig hw ay Depa r tmen t and the City of Englewood for enclosure of the City Ditch. (g) Ordinance on final reading approving Southgate Sanitation District's Supplement to No. 15 to annex approximately 40.437 acres to the District . (h) Ordinance on final reading approving Greenwood Village Sewer Improvement District No. 1, SUpplement No . 10 to annex approximately one acre to the District. COUNCIL MEMBER NEAL !'«NED TO APPROVE CX>NSENT AGENDA ITEl-15 9 (A) - (H). Council Member Weist seconded the rootion . Mayor Pro Tern Bradshaw noted that some of the minutes from the Board of Career Service Commissioners had not been approved . City Manager McCown stated the reason was for lack of a quorum and that at a meeting where a quorum was present , the minutes would need official approval or amendments. For now unofficial minutes were being transmitted. • I • • - ( ( ( • April 15, 1985 Page 5 • • • upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Weist, Bradshaw. None. Council Members Bilo, otis. 'ft'le Mayor Pro Tern declared the motion carried. Consent Agenda item (d) Council Bill No. 2 was numbered Ordinance No. 20; (e) Council Bill No. 19 was numbered Ordinance No. 21; (f) Council Bill No. 22 was numbered Ordinance No. 22; (g) Council Bill No. 23 was numbered Ordinance No. 23; (h) Council Bill No. 24 was m.mlbered Ordinance No. 24. * * * • * * * City Manager McCown presented a recommendation from the Engineering and Finance Departments to approve a resolution adopting the PIF Six-Quarter Budget for the period of April, 1985 to October, 1986. RESOLtn'ION NO. 15 SERIES OF 1985 A RESOLtn'ION AMENDING 'mE PUBLIC IMPROVD1ENI' ruND. COUOCIL MDmER NEAL I'VVID 'ro PASS RESOLUTION NO. 15, SERIES OF 1985. Council Member Vobejda seconded the mo tion. Upon a call of the rol l, the vote resulted as follows: Ayes: Council 1'1er!iler s Bradshaw. Higday, Neal, Vobejda, Weist, Nays: None. Absent: Council Members Bilo, Ot i s. 'ft1e Mayor Pro Tern declared the motion carr i ed. * * * • BY Al1I'HORITY ORDINAOCE NO. SERIES OF 1985 __ _ A BILL FOR * * * COUNCIL BILL NO. 25 INTRODUCED BY COUNCIL MDmER HICDAY • I • • - ( ( • April 15, 1985 Page 6 ,. • • • AN ORDINMCE REZONING A PARCEL OF rAND LOCATED AT 3511 OOUTH ~lNG STREET IN 'mE CITY OF ~, CDUNTY OF ARAPAHOE, STATE OF a>LORAOO, FROM R-2, MEDIUM-DENSITY RESIDE!CE DISTRICT, ro B-2, BUSINESS DISTRICT. ~IL tm1BER HI<DAY ~«NED ro PASS CX>UOCIL BILL 00. 25, SERIES OF 1985, ON FIRS!' READING AND ADD ON PAGE 2 'mAT A PUBLIC HEARING li«XJLD BE HELD ON MONDAY, MAY 6, 1985 AT 7:30 P.M. AND ALSO ro REX:EIVE 'mE RIDH1ENDATION eotCERNING a>uociL BILL 00. 25 FROM 'mE PLANNING AND ZONING CXM1ISSION. Council 11e!rber Neal seconded the JOOtion. Council Member Neal asked Dorothy Ranans, Assistant Director of Community Development (Planning) to confirm the proposed zoning was consistent with the comprehensive plan. Upon a call of the roll, the vot~ resulted as follows: Ayes: Nays: Absent: Council Mmbers Higday, Neal, Vobejda, Weist, Bradshaw. None. Council Members Bilo, Otis. 'lbe Mayor Pro Tern declared the JOOtion carried • • • • • • • • Linda Knopinski, Acting Executive Director of the Englewood Housing Authority, presented several items concerning single family 100r tgage revenue bonds. C'OlJOCIL tm1BER V(EEJDA ~«NED ro REMOVE FROM 'mE AGENDA, IT&! 11 (C) (I) WHICH WAS A RESOLUTION a:>N:ERNING 'llJE HOUSING POLICY OUTLIN I NG 'llJE REQUIIID1ENTS FOR THE CITY'S SINGLE FAMILY MORTGAGE REVENUE BOND PROGRAM FOR rATER a>NSIDERATION AT A PUBLIC HEARING ON MONDAY, MAY 6, 1985, AT 7:30 P.M. Council Member Neal seconded the JOOtion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Weist, Bradshaw. None. Council Members Bilo, Otis . The Mayor Pro Tern declared the motion carried • RESOLUTION 00. 16 SERIES OF 1985 • • • • • • • I • • ( ( • April 15 , 1985 Page 7 • • • A RESOLUTION OF 'niE CITY OF DG.FJ«XD, (X)LORADO SETTING FORTH 'niE I NTENT OF THE CITY OF DG.FJ«XD, CXlLORADO, 'ro ISSUE SINGLE FAMILY z.t:>RTGAGE REVENUE BONDS 'ro FINAOCE A SINGLE FAMILY z.t:>RTGAGE PURCHASE PROGRAM WITHIN THE CITY. Cl>UOCIL MEMBER NEAL POlED 'ro PASS RESOLUTION 00. 16, SERIES OF 1985. Council Merrber Weist seconded the motion. ~n a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Menbers Higday, Neal, Vobejda, Weist, Bradshaw. None. I Counci l Members Bilo, Otis. r '1he Mayor Pro Ten declared the mo ti on carr i ed. RESOL UT I ON 00. 17 SER I ES OF 198 5 * * * * * * * A RESOLUTION OF THE CITY OF DG.FJ«XD, CXlLORADO, SETTI NG FORTH 'niE INTENT OF THE CITY OF DG.FJ«XD, (X)LORADO, 'ro TRANSFER ITS ALLOCATED PORTION OF SINGLE FAMILY P«>RTGAGE REVDruE BONDS UNDER THE STATE CEILING FOR CITIES AND ~ IN THE STATE OF CXlLORADO 'ro 'niE CITY OF LAJmonJD , (X)LORADO. COU!CIL l'm1BER HI <DAY POlED 'ro PASS RESOLUTION 00. 17 , SERIES OF 1985. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as foll ows : Ayes: Nays: Absent: Council Mernbers Higday , Neal, Vobejda, Weist, Bradshaw. None. Council Mernbers Bilo, Otis. 'Ihe Mayor Pro Ten declared the motion carried. * * * * * * * 'Ihere was no City Manager 's Report at this time. * * * * * * * '!here was no City Attorney's Report at this time. * * * * * * * • I • • - April 15 , 19 85 Page 8 • • • Council Member Higday requested a status report from the City Manager's office on the progress in negotiations for leasing the property next to the recreation center from Beatrice FOOds. Mr. Higday requested the report by May 15th. ,. ,. ,. ,. ,. ,. ,. Council Member Neal announced that the EDDA approved a $200,000 expenditure to pay for street lighting and landscaping in downtown Englewood. ,. ,. ,. ,. ,. ,. ,. No further business was discusSed. a>mcrL MP11BER HIQ>Ay ~ ro ADJOURN. 'nlere being no further business, the Mayor Pro Tam adjourned the meeting without a vote at 8:15 p.m. I . 0 • • • • P R 0 C L A M A T I 0 N WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water , sewers, streets and highways, public buildings, solid waste collection, and snow removal; and WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facili- ties, as well as their planning, design and construction, are vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform. NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, do hereby proclaim the week of May 19 -25, 1985 as PUBLIC WORKS WEEK in the City of Englewood and call upon all citizens and civic organizations to acquaint themselves with the problems involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, and comfort. GIVEN under my hand and seal this 6th day of May, 1985. • I • - • • • • • P R 0 C L A M A T I 0 N WHEREAS, public works services provided in our community are an integral part of our cit i zens' everyday lives ; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient o pera tion of public works systems and programs such as water, sewers, streets and hi g hways, public buildings, solid waste collection, and snow removal; and WHEREAS, the health, safety , and com fo rt of this community greatly depends on these facilities and services; and WHE RE AS, the quality and effectiveness of thes e facili- ties, as well as their planning, desi gn and construction, are vitally dependent u p on the efforts and skill of p ublic works officials; and WH EREAS , the efficiency of the qualified and ded icated p ersonnel who staff public works de partments is materially influenced b y the people's attitude and understanding of the importance of the work they perfor m. NOW, THEREFORE, I , EUGENE L. OTIS , Mayor of the City of Englewood, Colorado, d o hereby proclaim the week of Ma y 19 -25, 1985 as PUBLIC WORK S WEEK in t~~ City of Englewood and call upoa all citizens an~ civic organizations to acquaint themselves with the prob lems involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety , and comfort. GIVEN under my hand and seal this 6th day of Ma y , 1985. Eugene L. Ot1s , May or • I • - ( ( • ( • • • • WHEREAS, aultiple acleroaia (MS) ia an inaidioua diaeaae &ffectin q the nervous systeaa of younq people in the priae of their lives, and WHEREAS, there are nearly 3,000 people vith multiple scleroaia in Colorado vhich has one of the hiqheat per capita rates of aultiple sclerosis of any area in the vorld1 and WHEREAS, the Multiple Sclerosis Society of Colorado is coaaitted to the aanaqement and cure of the disease, as vell aa varioua typea of aasiatance to MS people and their familieBJ NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Enqlevood, do hereby proclaim that May be knovn aa MULTIPLE SCLEROSIS MONTH in Enqlevood, Colorado, and urqe all citizens to become more acquainted vith the disease in order to better combat its affects. GIVEN under my hand and official seal this 6th day of May, 1985. I • • n ( ( ( • .. ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY 35J5S~Slrm Engtqwood , Colorado 80110 Phon<z 303 1 781 -7885 Mayor Eugene Otis City of Englewood 3400 South Elati Englewood, Colorado 80110 Dear Mayor Otis: • • • April 29, 1985 The Englewood Downtown Development Authority will have two vacancies on its Board of Directors this June 30, 1985, The terms of Bill Pendleton and Barry Coleman will expire on that date . By unanimous vote of the Board at the April 10, 1985 regular meeting, it was recommended to submit the names of Mr. Pendleton and Mr. Col~n to City Council for reappointment to the Board for an additional term of office. Should you have any questions, please do not hesitate to cal l me, Sincerely, ~h.dlu .1-uu.....) Executive Director • :1ECEiVED APR 2 9 1913~ JIIY MANAGER ':> J'T·-fNG~c wooo r ''•.: I • • I C 0 U N C I l DATE 4-23-85 • • • C 0 M M U N I C A T I 0 N AGENDA ITEM <Xcl SUBJECT AUTOMATED LIBRARY MANAGH1ENT SYSTEM INITIATED BY Library Advisory Board ACTION PROPOSED Council receive as information and recommendation. INTRODUCTION The Library Advisory Board at its meeting of April 10, 1985, determined to reiterate its recommendation that functions of the Englewood Public Library be automated in order to improve the efficiency and effectiveness of the Library Department. BACKGROUND Council has approved an appropriation of $82,000 in the Data Processing Division FY 1985 >udget the purpose of which is to initiate automation of Library Department functions via the City's Prime Computer System. The City Manager has indicated that he may recommend that Council rescind this allocation in order to improve cash flow relative to the Downtown Development Project. The Library Advisory Board provides the attached Resolution as information and recommendation for the City ~1anager and City Council related to the decision regarding amendment of the FY 1985 budget. RECmt-lENDED ACTION Council receive as a Library Advisory Board recommendation. • I • • - I • • • • A RESOWTION SUPPORTING H!PLEMENTATION OF THE AUTOMATED LIBRARY ~!ANAGEMENT SYST~! ~iERAS the Englewood Public Library Advisory Board is charged with the responsibility of advising City Council on the provision of modern public library facilities for the use of Englewood community members, and ~REAS the Englewood Public Library Advisory Board formally stated in a 1982 motion that key functions of the Library Department should be automated as soon as possible, and ~REAS the City Council allocated monie s in the 1985 Budget for the purpose of initiating automation of the Library Department, NOW THEREFORE be it resolved that the Englewood Public Library Board reaffirms its position that automation of the Library Department is essential to its ability to effici ently and effectivel y con- tinue to serve the Englewood community and urges that initiation of an automated library management system occur in 1985 with phased implementation to proceed in a timely manner thereafter . 4-12-85 • I • • I • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE 4-23-85 AGENDA I TEM 2Q INITIATED BY Librarv Advisorv Board SUBJECT PUBLIC PARKING FOR LIBRARY USE RS ACTION PROPOSED Council receive as information and r ecomenda tj pn INTRODUCTION For years the Library has received comments and complaints from the public regarding the lack of availability of public parking spaces for Library users. Since January 1985 the Department has received over 35 written comments regarding the parking situation. BACKGROUND The City ~1anager' s office responded to citizen comments regarding parking by allocating 26 one-hour parking spaces in the City Hall's north lot for the exclusive use of visitors. The Library Board appreciates this attention to comments from Englewood residents. Al- though the visitor allocation, which wa s implemented ~larch 1985, ha s improved the parking situation it has evidently not solved it. The Library received 12 written complaints on 4-19-85 & 4-22-85. This indicates that a further response may be in order. The Board is aware that the City ~tanager has directed Jim Espinosa, Administrative Assistant, to investigate the use of 1st ational Bank oroperty adjacent to the north City Hall lot for additional parking. It urges thatimproved availability of public parking at the City Hall/Library be addressed as soon as possible through any reasonable means. The Board further recommends that careful consideration be given to provision of public parking at future City Hall/Library sites . RECO~ft.lENDED ACTION Council receive as information and recommendation. • • I • • • • • • A RESOLUTION SUPPORTING THE PROVISION OF PUBLIC PARKING FOR LIBRARY USERS WHEREAS the Englewood Public Library Advisory Board is charged with the responsibility of advising City Council on the provision of modern public library facilit ies for the use of Englewood community members, and I~REAS the provision of public parking adequate to the needs of Li- brary users is essential to the effective provision of Library services to the benefit of the Englewood community at large, and WHEREAS adequate publ ic parking ha s not been available at the City Hall/ Library for many years, and WHEREAS the City Manager has recently responded to citizen requests for improved public parking at the City Hall/Library facility, NOW THEREFORE be it resolved that the Englewood Public Library Advisory Board commends the City ~1anager and his staff for their attention to the needs of Englewood citizens, and hopes that the City will continue to prov1de adequate public parking for Library users at current and future sites . 4 -12-85 I • • • • • • • ENGLEWOOD LIQUOR LICENSE AUTHORITY MINUTES January 24, 1985 The meeting was called t o order at 7:15p.m. PRESENT: Heinle, Lunders, McLaughlin, Patterson, Styes. ABSENT: None. The Chair declared a quorum present. The matter of the Show cause Hearings for six retail packaged outlets c ommenced concerning allegations that the licensees sold beer to a minor. At t orney Miller asked that the Authority hear the cases collectively and fu rther requested the matter be d i smissed on the basis of entrapment. Bi ll Kilpatrick representing the Police Department requested time to research Mr. Miller's acqu i sition of entrapment . He agreed to consolidating the hearings. Th e Authority recessed at 7:40 p .m. and reconvened at 8:15 p.m. LUNDERS MOVED, I'CLAUGHLIN SEXX>NDED THAT THE CITY OF ENGLE.WX)D BE GIVEN AN OPPORTUNITY RESPOND TO EXHIBITS BY MR. MILLER AND SUCH RESPONSE WILL BE MADE ON JANUARY 31, 1985 AT 7:00 P.M .; THE DEX:ISION TO DISMISS WILL BE WITHHELD UNTIL THAT TIME; THAT THE HEARINGS WILL BE <X>NSOLIDATED WITH THE EXCEPTION OF E-Z LIQUORS WHICH WILL BE HEARD ON THIS NIGHT AND A DEX:ISION CONCERNING ALL WILL BE WITHHELD UNTIL AFTER JANUARY 31, 1985. Ayes: He i nle, Lunders, McLaughl i n, Patt erson, Styes. Nays : None. The Chair dec lared the motion ca rr i ed. The foll ow ing witnes s e s were qu e s ti oned by the City, the a ttorneys for the licensees , and the Au thor ity : 1 . Richard Burch -person who was underage 2. 'Ihanas Bock -Englewood Polic e Department 3. A representative -Photo Scan (s ecurity video f i rm ) The hearing was continued to Janua ry 31 , 1985. McLaughlin was abse nt. The following witness es wer e qu e s tioned by the Ci t y, the a t t orneys for the licens ees, and the Author i ty: 4 . Darlene Diehl , E-Z Li quors 5 . Douglas Mead , Old Town Liquors 6. Daniel Bonds , Liquor Ba r n 7 . Eileen Acosta , 'Ihorbred Liquor s 8. James Tucker , Englewood Li quor s I • - • • • • • 9 . Da le Strause , SUpreme Liquors The hear i ng was continued to February 7, 1985. McLaughlin excused he rself fran the hearing having not heard testirrony on January 31, 1985. The f ollow i ng wi tnesses were questioned by the City, the attorneys, for the licensees, a nd the Authority: 10 . Daniel Chapman, Glass Bottle Liquors 11. Robert Stout, SUpreme Liquors 12. Merle Koon, Englewood Liquors The meeting recessed at 8:25 p.m. and reconvened at 8:30 p.m. to hear Mr. Miller's objection to Attorney Grimm joining the Authority in recess. The Authority so noted Mr. Miller's objection and recessed at 8:33p.m. Mr. Grimm reentered the meeting roan at 8:55 p.m. and left the Authority still in recess. The Authority reconvened the meeting at 9:50p.m. LUNDERS ~. HEINLE S&X>Nr>m A MOTION THAT THIS A!Jl'HORITY WAS AN ~INISTRATIVE BODY DEALI!«i WITH THE LIQUOR CODE AND THAT ENTRAPMENT WAS NOT THE ISSUE AND THEREFORE DENim THE MOTION TO DISMISS AS REGISTERED BY MR. MILLER. Ayes: Heinle, Lunders, Styes. Nays: Patterson. Absent: McLaughlin. The Cha i r declared the rrotion carried. Th e Au thor i ty recessed at 9:53 p.m. and reconvened at 11:15 p.m. LUNDERS MOVED, PATTERSON SECONDID A MOTION THAT A VIOLATION OF 12-47-128 DID OXUR ON OOVEMBER 28, 1984 WHERE A MR. RICHARD BURCH DID PU!OiASE LI QUOR AT SI X RETAIL OUTLETS WHO WERE ON HEARI!«i AND THAT A 45-DAY SUSPENS I ON BE GIVEN TO EACH LICENSEE FOR REMAINDER OF EACH LICENSEE'S YEAR AND THAT THE SUSPENSION BE HELD IN ABEYANCE ON THE CONDITION THAT THE LIC ENSEE REMA I N FREE OF ANY VIOLATIONS UNTIL LICENSE EXPIRES. Ayes: Heinle , Lu nd e r s , Patterson, St yes. Nays: None . Absent: McLaughlin . The Chair declared the rrot i on carried. HEINLE MOVED , PATTERSON SEXX>NDm A MOTION TO CLOSE THE PUBLIC HEARI!«i. Ayes : Heinle , Lund e rs, Pa tterson, Styes. Nays: None . I • • - • ( • • • • Absent: McLaughlin. The Chair declared the motion carried. • • • • • LUNDERS ~VID, PATTERSON SEXX>NDED TO HEAR THE APPLICATION OF THE SPOCIAL EVENT PERMIS FOR PLATTE CANYON SER'l'Ct1A CLUB ON FEBRUARY 20, 1985. Ayes: Heinle, Lunders, Patterson, Styes. Nays: None. Absent: McLaughlin. The Chair declared the motion carried. LUNDERS ~VID, PATTERSON SEXX>NDED TO APPROVE THE RENE)olALS FOR 1) PESTER MARKETING CXlMPANY - 3.2% BEER OFF PREMISE 2715 SOUTH SANTA FE 2) FRANZ HU1+tEL DELICATESSEN, IOC. BEER AND WINE LICENSE 701 WEST HAMPDEN AVENUE 3) CSARDAS -BEER AND WINE LICENSE 3495 SOUTH BRO~Y The meeting adjourned at 11:15 p.m. l I • • ( • • • • ENGL~ LIQUOR LICENSE AUTHORITY MINUTES February 20, 1985 The meeting was called to order at 7:30 p.m. PRESENT: Heinle, Lunders, McLaughlin, Styes. ABSENT: Patterson . The Chair declared a quorum present. HEINLE MOVED, ~UGHLIN SEXX>NDED A MOTION TO APPROVE THE MINUTES OF JANUARY 16, 1985. Ayes: Heinle, Lunders, McLaughlin, Styes. Nays: None. Absent: Patterson. The Chair declared the motion carried. * * * * * The Authority received the Findings of Fact for the application of King Soopers, 101 Englewood Parkway, 3.2 Beer Off Premise. * * * * * The Authority considered the application submitted by the Platte Canyon Sertcxne Club for a special events permit at the Arapahoe County Fairgrounds 4-H Building, March 23, 1985. Janice Owen presented the application. F. Lawrence Singer was present on behalf of the Sertoma Club. Mr. Singer presented pictures of posting of the notice and answered questions concerning the event. ~UGHLIN MOVED, HEINLE SEX::ONDED THE MOTION TO APPROVE THE SPEX:IAL EVENTS PERMIT FOR THE PLATTE CANYON SERTOMA CLUB ON MARCH 23, 1985. Ayes: Heinle, Lunders, McLaughlin, Styes. Nays: None. Absent: Patterson. The Chair declared the motion carried. * * * * * I • • - • \_ ( • • • Liquor Licensing Authority ' February 20, 1985 • Page 2 The Authority considered the Findings of Fact, Conclusion, and Order of Suspension in the matter of the show cause hearings for the following: 1. Ms. Darlene Diehl ILD Incorporated dba E-Z Liquors 3353 South Santa Fe Drive Englewood, co 80110 2. Mr. Robert E. Stout dba Supreme Liquors 5112 South Broadway Englewood, CO 80110 3. Merle and Virginia Koon dba Englewood Liquors 3434 South Broadway Englewood, co 80110 4. Rudolf C. Tisch dba Liquor Barn , Ltd. 4415 South Broadway Englewood, CO 80110 5. Mr. and Mrs . Elaine Acosta and Jose Acosta dba Thorobred Liquors 5050 South Federal Blvd. Englewood, CO 80110 6. Robert s. Mcintyre dba Old Town Liquors 1215 E. Hampden Avenue Englewood, CO 80110 The Authority made editorial changes only. MCLAUGHLIN MOVED, LUNDERS SOCONDED A MOTION TO ADOPT THE FINDINGS OF FACT, CONCLUSION, AND ORDER OF SUSPENSION IN 'niE MATTER OF THE ABOVE REFERENCED SHa.. CAUSE HEARINGS AS AMENDED. Ayes: Heinle, Lunders, McLaughlin, Styes. Nays: None. Absent: Patterson • The Chair declared the motion carried. I • • - ' ( • Liquor License Authority February 20, 1985 Page 3 The meeting adjourned at 8:30 p.m. • • • I • • • - • • • • ENGLEWOOD LIQUOR LICENSE AUTHORITY MINUTES April 10, 1985 The meeting was called to order at 7:30 p.m. PRESENT: Heinle, Lunders, McLaughlin, Styes. ABSENT: Patterson. The Chair declared a quorum present. The Authority considered the renewal application for El Tepehaun, 3457 South Broadway. HEINLE l'DVED, I'CLAUGHLIN SEXX>NDED A MOTION 'ro RENEW THE BEER AND WINE LICENSE FOR EL TEPEHAUN, 3457 SOUTH BROAI:MAY CONDITIONAL UPON '!liE RESULTS OF A SHOO CAUSE HEARING SET FOR JUNE 5, 1985, AT 7:30 P.M. Ayes: Heinle, Lunders, McLaughlin, Styes. Nays: None. Absent: Patterson. The Chair declared the motion carried. * * * * * The Authority noted the application for a 3.2 Beer Off Premise submitted by Mini Mart, Inc. was incomplete; and further a representative was not present. Therefore, consideration was postponed until April 24, 1985. * * * * * LUNDERS ~VED, HEINLE SEX:X>NDED A MOTION 'ro CONSIDER '!liE SPEX::IAL E.VENTS PERMIT APPLICATION SUBMITTED BY '!liE ENGL~ JAYCEES ON MAY 1, 1985. Ayes: Heinle, Lunders, McLaughlin, Styes. Nays: None. Absent: Patterson. The Chair declared the motion carried . * * * * * I • • - • Liquor License Authority April 10, 1985 Page 2 • • • t-CI.AUGHIN MOVID, LUNDERS SEX:ONDID A MOTION TO RENEW THE HOTEL AND RESTAURANT LICENSE FOR PAUL'S RESTAURANT AND PIZZERIA, 3542 SOUTH FOX. Ayes: Heinle, Lunders, McLaughlin, Styes. Nays: None. Absent: Patterson. The Chair declared the motion carried • • • • • • l'CLAUGHLIN MJVED, HEINLE SIDlNDFD A MOTION TO POSTPONE THE DEX:ISION ON THE REND1AL OF A 3.2 BEER OFF PREl'IISE LICENSE FOR SOUTHLAND CORPORATION, 7-11, 2705 SOUTH BROADWAY UNTIL APRIL 24, 1985, AT WHICH TIME ASSISTANT CITY A'M'ORNEY GRII'I'I WILL PROVIDE A REPORT CLARIFYING THE IRS CHARGES AGAINST THE OFFICERS OF SOUTHLAND. Ayes: Heinle, Lunders, McLaughlin, Styes. Nays: None. Absent: Patterson. The Chair declared the motion carried • • • • • • The meeting adjourned at 8:35 p.m. • I . • • • - MINUTES ENGLEWOOD , COLOR~ BOARD OF ADJUSTMENT AND APPEALS February 13, 1985 The regular meeting of t he Board of Ad j ustment and Appea ls b e gan at 7:30 p.m. with Chairman Fish presiding . MEMBERS PRESENT: MEMBERS ABSENT: ALSO PRESENT: Seymour, Brown, Gage, Ferguson <nd Fish. Hallag in. Dorothy A. Romans, Staff Advisor Jack Olsen, City Attorney Mary Alice Rothweiler, Planner l Sheryl Rousses, Re co rding Se cretary * * * * * BOARD MEMBER SEYMOUR MOVED THAT THE MINUTES OF JANUARY 9, 1985, BE APPROVED AS WRITTEN. Boa rd Member Fe r guson seconded the motion. Upon a vote , all five members present voted in the affirmative , and the Chairman ruled that the Minutes were a pproved as wr itten . * * * * * BOARD MEMBER BROWN MOVED THAT THE FINDINGS OF FACT IN CASES 01 -85 AND 2-85 BE APPROVED AS WRITTEN. Board Member Ferguson seconded the motion. Upon a vote, all five members present voted in the affirmative, and the Chairman ruled that the Findings were approved as written. * * * * * There being no continued cases , the Chairman opened the Public Hearing on Case 03-85. He stated that the Board is authorized t o grant or deny a variance by Part 3, Section 60 of the Englewood Municipal Code. He said he had proof of posting and publication and asked that the Staff identify the request. Mrs. Rothweiler stated the applicant was requesting a variance to permit the construc- tion of a sign which is designed to be a monolith form, 36 feet high and six feet wide on each of three sides. This is a variance from the Comprehensive Zoning Ordinance, Section 22 .7-10 c 1, which sets the height limit for ground signs at 20 feet. Wording o n the sign is proposed for two sides only , and covers 48 square feet, whi ch is well within the permitted coverage . The Chairman asked that the applicant come forward for testimony. Cameron, 5420 South Colorado Boulevard, was sworn in for testimony . • Mr. Don He stated I • • • • • -2- he is the owner of the property at 4550 South Windermere Street. The building whic h will ho use the Cedar Lumber, Ltd. is hidden from South Santa Fe Drive, and only a t all sign would be seen by the tra ffic that go es by on Santa Fe . He stated tha t he has built an attrac tive building and the sign as proposed would complement this building . He said that his neighb o rs have no objections . Mr. Seymour asked if the business woul d be wh oles ale or r e t a il. Mr. Cameron said that there would be a combination of customers from other lumber yards, con trac tors a nd walk-in c us t omers . His bu siness will specia lize in ceda r . Mr . Fish asked wh e r e the sign would be located . Mr. Came r on submitted a drawing showi n g the lo cation of the sign. He said the exis ting wire fen ce would be removed and placed on the e a st side of th e building. There will be no fen c e on the west side. The present fence is about 25 feet inside of the property. The s ign would be a bo ut six feet out f rom th e building, but 25 feet ins id e the property line. There were no further questions . There were no o ther speakers for or against the variance. The Ch .t irman asked that the Staff report be made part of the Record, and asked if the s t aff had a ny thing t o add. ~Irs . Romans said it did not. The Chairman closed the Public Hearing . BOARD MEMBER FER GUSON MOVED THAT THE APPLICAN T BE GRANTED A VARIAN CE FOR PROPERTY LOCATED AT 4550 SOUTH WINDERMERE STREET TO PERMIT THE CONSTRUCTION OF A SIGN WHICH IS DESIGNED TO BE A MONOLITH FORM, 36 FEET HIGH AND SIX FEET WIDE ON EACH OF THREE SIDES . THIS IS A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE, SECTION22.7-10 c 1 , WHICH SETS THE HEIGHT LIMIT FOR GROUND SIGNS AT 20 FEET. WORDIN G ON THE SIG I S PROPOSED FOR TWO SIDES ONLY, AND COVERS 48 SQUARE FEET , WHI CH IS \<ELL WITHIN THE PERHITTED COVERAGE . Boa rd Member Seynour seconded the motion. Discuss ion followed . The members locked in their votes and gave their findings a s fol lows: ~lr . Seymour stat.•d he voted "no" becaus e the request was excessive and it is an abuse of the ·agn Code to ask for an increase in heigh t of 80 %. Mr. Brown voted "yes" because he saw a hard ship; there we re letters of ag reement f rom the neighbors. The new business needs a sign t o get started in the location. Hr. Gage voted "yes" because there is a hardship since the building sits so far back from Santa Fe Drive. There may be reconstruction soon on South Santa Fe Drive whi ch would further affect the visability. The owne r s nearby ag r eed to the sign. Mr . Ferguson voted "no" because granting a variance would help only this applicant. Granting s uch a large v ar iance would weaken the purpose of the Ordinance. Mr. Fish stated t here was no hardship in this case . ~~en the vo tes w re displayed, two votes had been case in favor of the variance , and thre votes w re against it . The Chairman stated that t he variance request was den ied, and the applicant could either build the sign in conformanc e with the Ord inan c or reapply for an amended variance • • I • • • • • • - -3- Mr. Cameron stated that only the mon olith would be 36 feet high, not the sign itself . * * * * * The Chairman opened the Public Hearing on Case No. 4-85. He stated that he had proof of publication and posting, a nd that th e Board is authorized t o g rant or deny a va riance by Part 3 , Section 60 of the Englewo od Muni c ipal Code . He asked that the staff identify the requ est . Dorothy Romans stated that the applican t, Sterling A. Cavaness, is requesting a variance for property located at 4699 South Fox Street to allow a g arage t o be built whi c h will be 17', 3-3/4" high at peak in an R-1-A, Single-Family Residence Distric t. This is a variance fr om the Comprehensive Zoning Ordinance, Se ct ion 22.4-2 1 (1) (a), whi ch sets the maximum height for an accessory building in the R-1 -A at 15 feet . The Chairman asked that the applicant come forward for tes timony. Mr. St erling Cavaness, 4734 South Bannock Stree t, was sworn in for t es timony . He stated that the owner has a recreational vehicle, a camper and s everal personal vehicles. A garage door larger than the standard door would h ave t o be installed to permit the parking of the large1 vehic les. Mr. Moore , t he owner, owns several vehicles whi c h have been v a ndalized . The neighbo rs t o the north and west hav e approved the request. The height of the proposed garage will be lower than the existing house. Mr. Brown asked how large the garage would b e . Mr. Cavaness said it would be 38 feet by 28 feet and would house 2 to 2~ vehi cles. He said there wo uld be painted plywood on the outside of the g arage until spring when steel siding to mat~h the existing house would be installed. The Building Department has agreed to the delay. There were no further questions or speakers fo r or against the variance . The Chairman incorporated the Staff Report into the Record a nd asked if the Staff had any comments. Mrs. Roma ns said that the proposed Comprehensive Zoning Ordinance would allow ga rages to be built up to 18 feet high in order to accommodate larger vehicles . The St aff had suggested that the applicant wait until the Compreh e nsiv e Zo ning Ordinance had been passed to build the garage, but the owner wa nted to proceed. The Chairman closed the Public Hearing on Case No . 4-85. BOARD MEMBER SEYMOUR MOVED THAT THE APPLICANT BE GRANTED A VARIANCE FOR PROPERTY LOCATED AT 4699 SOUTH FOX STREET TO PERMIT A GARAGE TO BE BUILT WHICH WILL BE 17', 3-3/4" HIGH AT PEAK IN AN R-1-A, SINGLE-FAMILY RESIDENCE DISTRICT . THIS IS A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE , SECTIO 22.4-2 1 (1) (a), WHICH SETS THE MAXIMUM HEIGHT FOR AN ACCESSORY BUILDING IN THE R-1-A AT 15 FEET. Board Member Gage seconded the motion. The members locked in their votes and gave their findings as follows : Mr. Seymour stated he voted "yes" because the height may be permitted in the new Ordinance . There were no objections, and nearby neighbors approved the variance . Mr. Brown said he voted in favor of the variance because the vehicles should be removed from the street. The characte r of the neighborhood will not b altered. The ga rage will be built at the back of the property and will not obstruct the view from the adjacent properties . The neighbors did no t object to the variance . • I • • • • • • -4- Mr. Gage said the applicant met the six conditions necessary for a variance; the neighbors approved; and the proposed Zoning Ordinance would permit a garage up to 18 feet high. Mr. Ferguson a nd Mr. Fish concurred with the other members. When the votes were displayed, all five members had voted in favor of the variance, and the Chairman ruled that the variance had been ~ranted. He instructed the applicant to apply to the Building Division for permits. * * * * * Mrs. Romans gave the Board members copies of two pamphlets originated by a former Planner, Barbara Young, which focus on Englewood. She stated that the February 8 Multi-List shows that 2303 East Dartmouth is for sale for $954,000. The Hearing on the proposed Comprehensive Zoning Ordinance will be held on February 20 at 7:00 p.m. Mr. Fish was elected Chairman and Mr. Brown was elected Vice Chairman for the year of 1985. The meeting adjourned at 8:35 p.m. Sher~ses, Recording Secretary I • • • • • • INGLF.HOOD DO\-INTOHN PF:VF.LOPM!':NT AUTHORITY 3535 S. Sherman -Englewood, CO 80110 HINU'I'ES ~arch 13, 1985 Board }!embers Present: C-reen, Polthaus, ¥au>man, Mausolf, Neal, Oswald, Owens, Pendleton, Tomooka Board Members Absent: Coleman Staff Present: 0 • Dietrich Guests and Visitors: Dorothy Dalquist, Susan °owers, A1 Koppel, Mitzi ¥~ufman, Rosemary Fellet, Jim Fellet The regular meeting of the Englewood Downtown nevelopment Authority Roard of Directors was called to order by Chairman Bill Pendleton at 12:01 oy on March 13, 1985 . The minutes from the rebruary 13, 1985 regular meeting were presented for approval. Mr. Kaufman moved, seconded by Mr. Mausolf, to approve the minutes from the previous meeting. The motion was passed unanimously by voice vote. The Treasurer's Report was presented by nan C.reen. Mr. Mausolf moved, seconded by Mr. Kaufman, to accept the "'reasurer's ~eport, dated January 31, 1985. The motion was pas sed unanimousl y by voice vote. Also, because the Board had approved the Marketing Study for east of Broa~way in 1984, all expenditures for this study should be taken from the fund balance, dated necember 31, 1984. Mr. Mausolf moved, seconded by Mr. Tomooka the following resolution: 1-"lF.ll.J::AS the F.Dl'A Board of Directors had approved a major Marketing Study for the area east of Rroadway, WHEREAS the ~lark e tin g Study had been discussed, reviewed, and approved in 1984, WHEREAS, the EnrM Board of f\irectors had contracted Rocky ~!ountain Research Institute for this Yarketing Study, NOW, THEREFORE LET IT BE RF:S01.VED that expenditures up to 1:25,000 to Pocky Mountain Research Institute for this Harketing Study be appropriated from the EDDA fund balance. This Resolution was passed unanimously. • I • • • Page Two Minutes March 13, 1985 CHAIRMAN'S REPORT • • • Public Improvements for South Broadway -Several questions were answered regarding the public improvements for South Broadway. There will be traf- fic lights at Highway 285, Acoma, and Broadway along the Parkway. There will be base s and conduits at Bannock and Cherokee. When the traffic patterns have been established, a decision will be made whether signals are necessary at Bannock and Cherokee. The budget for Englewood Parkway does not include the cost of acquisition or installation of street lights on the west side of the 3400 block of South Broadway . There will be improvements made to the catch basins and sidewalks but the road itself (Girard) east of Broadway will not be totally reconstructed. Discussion continued regarding the public improvements. It is the consensus of the Board that Broadway is, indeed, the entrance to Trolley Square and that public improvements should be similar to those for Englewood Parkway, There was some question as to the coordination of the public improvements from the City, Brady's and EnDA 's efforts to date. It was noted that qrady is putting lights on his building in the 3300 block of South Broadway. A question was raised as to th e total effect of the 3200 to 3500 blocks, and whether or not there is a plan for the entire area, and not just one block. At this time no decision was made regarding the commitment to public improve- ments on South Broadway. The next step would be to see the total plan for the area from Roecker Des ign Group. Costs estimates need to be determ ined, also. Police Liaison Task Force -Fred Kaufman commented on his concerns re- garding police protection in the downtown area. After meeting with representa- tives from the Police Deoartment, he suggested that a Task Force be set up to develop strategies for the area. A presentation from the Police Depart- ment will be scheduled f u r April to discuss these issues. Also, it was sug- gested to include tips f 'om the Police Department in the engleword. Other - A question was raised as to the sta tus of the Safeway building at 125 East Hampden. The Director will follow up on this. DIRECTOR'S REPORT Marketing Study -Reca11se much of the information needed by Rocky Mountain Research Institute is available from the City of Englewood, Susan Powers has made available staff tine to ga ther this information. Tentative plans are to have a report on Phase ,. at the May Board meeting . • I • • - • • Page Three Minutes March 13, 1985 • • • Newsletter -The March issue of the engleword again focuses on the small retailer in the downtown district. The newsletter is at the printers and will be distributed by the end of the week. Santa Fe Corridor Task Force -The $26,000,000 needed for C-470 was voted out of committee and is now available. Another comment was made that Santa Fe Blvd. will again be considered congested by the year 2000. Broadway Facade Loan Program -Because time is running out on the availability of the low interest loans, the program has been expanded and loan limits have been increased to enable more participation in the program. A maximum of $10,000, at 0% interest, for building renovation in the 3200 -3500 blocks of South Broadway is available. These funds are also available for interior renovations as well as exterior. There is $20,000 available, at 0~ interest, for building renovation anywhere in Englewood if the businesses had been relocated out of the downtown as a result of the downtown redevelopment project. Funds are available on a first-come , first-serve basis. Jeri Linder and Penny Dietrich will again be working on this program. There being no further business, the meeting was adjourned at 1:05 PM. • I • • ( • • • Englew ood Park s and Recreation Co mm ission Minut es of March 14 , 1985 The regular monthly meeting of the Englewood Par ks and Recreation Commis s ion was called to orde r at 5:40p .m. by Chairman Poole at the Englewood Municipal Golf Course Clubhouse . Member s present : Boardman, Bradshaw, Gomes , Poole, Rademacher, Winkler, Romans, ex officio Members absent: Allen, Higday , Howard Also present : Doug Foe, Assistant Director of Parks and Recreation leon Kuhn , Assistant Director of Parks and Recreation Chairman Poo l e asked if there were any additions or corrections to the minutes of February 14, 19 8 5 . There were none. A motion was made and seconded that the minutes be approved as presented . The motion pa J sed. Referr ing to the landscaping of the interchange at Santa Fe and Ha mp den Avenue, Director Romans reported that he and Ass ist ant Director Kuhn met wit h Exec . Dir. of Ur- ban Renewal Authorit y Sue Powers and Director of Public Work s Kells Waggoner. Waggoner informed them that any State funds available will be used for the Dartmouth Aven ue and Santa Fe overpass . Wa ggone r stated it may be from 3 to 9 years before funds are ava il- able for the in terchange at Santa Fe and Hampden . Waggoner stated that the State is responsible for trash cleanup of the area. Director Romans stated he would again contact Waggoner concerning the cleanup of the trash. Sue Po wers suggested that the City should do some temporary landscaping improvements until the State realigns the roads. As sistant Director Kuhn stated that he has no y t determined the most feasible plan for temporary landscaping of this interchan ge, but s t a ted that terraci~g will need to be considered, along with rock, which would have to be grouted. Kuhn stated that ground cover would be the most cost efficient on the terrace s . At t h i s time he did not have a cost estimate for a possib l e temporar y landscape plan. Commissioner Bradshaw s uggested that the $100,000 which the City has set aside to beautify the area could be used i ns t Pad to clean up the interchange rather than making temporary improvements in light of the po ssibility that th e St .tte may recon s truct the in t P r c hange som<'t im P in th e no t t oo di <t an t fut 11 r P. Aft e r S<•mP di ~c u ss ion, the Cormt i ss i on • • I • - • ( • . Engl c>Joo d Park s and Recreation Corm1ission Minut es o f March 14, 198 5 Pag e -2- • • • a g r e ed to ma ke a recommendat i on to City Counc i l that they pursue the clean u p of t he Sa n ta Fe and Hampden Avenue i nterchange i n 1985 . There was some discussion regard i ng the possib i l i t y of an Histor ica l Commissi o n be i ng formed In Englewood to protect the City 's landmarks . No definit e a ction wa s determined. Director Romans stated he has received numerous positive comments on the dedicat i on of the Englewood Recreation Center. An estimated 2,000 to 2,500 people attended the ceremony. Assistant Director Foe handed out and reviewed a recre ation center fees compar i son sheet which shows the center admi r. in n fe ~s to f . re a recreation centers . Comm is s i o n - er Bradshaw suggested that a card, si mila r to the one us ed by the school district show- ing their game schedules, be used by the Parks and Recreation Department to take the place of the countertop handout sheets at the recreation center . The card could show hours of operation , the different admission fees, equipment rental fees, etc . Foe stated that approx imatel y $1,500 in revenue was received on open i ng da y of t he ce n ter . The re wa s much d is cu ss ion concerning scheduling of the recre at i on c e nter , p rograms , bug s t o be worked out , eq u ipme n t nee de d, fe es , etc . The ge nera l consensus o f t he Commission wa s th a t the f irst we e k of o perat i on at the r e creat i on c en ter wa s smo o th. Director Rom a ns repo r ted t hat go l f sup er i ntendent Jim Wil k i ns Is now working for lone Tree Country Club Golf Course a nd that Da vid lee has been hi r ed to replace Wilkins . Romans sta ted that lee is coming to Englewood from Ft . Coll i ns Country Club and begins his duties April 8 . Romans reviewed David lee's qual lfications, which were impressive. There was some discussion concerning the possibilitie s of speaking to the Englewood Men s Golf Club in an attempt to inform them of the goals of the En g l ew ood Golf Course . Director Romans handed out and reviewed a ~oa l s sheet for the Parks and Recreation Department as fo r mulated by the Pa rks a nd Recreation staff. Romans stated th a t Chris Moore, a consultant, met with the Pa rks and Re c reation divi s ion s and as s isted staff in determining t hese ~nals. Romans exp lai ne d that Assistant Di r ecto r s Kuhn and Foe wi ll • <'t ·.1 it'1 tl ,<'ir rei d m. n ·• ,, In ,4, I• t ;,,. It,,. <I jrrt iv"~ f nr, .~< h 'J0.1 1. Aft< r <or • I • • - ( Engl e\·IOo d Par ks and Rec r eation Commission Minutes of March 14, 1985 Page -3- • • • discussion, Romans asked the Commission for their in put to he lp ach i eve better Parks and Recreation facilities, programs, and public relations . Romans stated the goals and ob jectives will be reviewed every 2-3 years . Under Commissi oner's choice, Commi ssi on er Br ads ha w asked that some Spring Recreation brochures be delivered to Flood Middle School . Commissioner Bradshaw stated she is very concerned about a legislative bill in which lottery funds would be channeled to State needs other than Parks and Recreation improvement funds as was initially voted on by the public. Chairman Poole encouraged the Commission to contact their state representative . Commissioner Gomes read a letter to Director Romans from the Englewood High School Parent Advisory Committee thanking him for the use of the recreation center for their after-prom party . Gomes also presented Romans with a Centennial Swim T-shirt from the Advisor y Committee. The meeting was ad j ourned at 7:30p.m . ~· (1.) llnM~ ,Re~ Se cretary I ( • • • • URBAN RENEWAL AUTHORITY March 20, 1985 I . CALL TO ORDER. Mr. Voth reconvened the recessed meeting of March 13, 1985 at 5:30 P.M. Members present: Voth, VanDyke, Cole, Minnick Powers, Executive Director M~mbP.rs absent: Totton, Neal, Novicky Mcintyre, Non-voting Alternate Also present: Assistant Director Wm. R. Hinson Director of Engineering Services Diede Civil Engineer Densel Ragland City Manager McCown City Attorney Olsen Councilmembers Bradshaw, Bilo, Higday, Vobejda John Hamilton, Muller Engineering Robb Carlson , Muller Engineering Herb Schall, EDAW II. AGREEMENT FOR DISPOSITION AND REDEVELOPMENT. Ms. Powers briefly addressed what has occurred within the past week on negotiations with Brady Corporation. VanDyke moved: Cole seconded: I move that the Urban Renewal Authority cooperate with Brady and Mellon Financial Services for a 45 day period in which they will pursue additional financing for Brady's project including a possible new joint venture partner, provided that they proceed promptly, and in good faith, to secure this financing, and with the explicit under- standing that the Authority, by its forebearance to date and by this action, has not and does not waive or other- wise relinquish any rights or remedies it has under the Redevelopment Agreement with Brady. Any modification of the Agreement must be in writing and formally executed by the Authority after the Board of Commissioners has acted to approve such modification. The Board does not want to limit the exercise of any right or remedy the Authority has while cooperating with the redeveloper to resolve his financing problems. The vote was called: AYES: VanDyke, Voth, Cole, Minnick NAYS: None ABSENT: Novicky, Totton, Neal ABSTAIN: None The motion carried • • I • • • • • • -2- III. DEMOLITION CONTRACT. Ms. Powers s ubmitted a memorandum written by Mr. Hinson regard i ng a change order to the demolition contract with Gomez Demolition. A 6" s lab of concrete has been discovered, which underlies the asphalt paving in the rear parking area on the west side of the 3400 block of South Acoma Street. This will have to be removed, but was not included in the specifications of the contract as Mr. Gomez bid the job . Mr. Go mez has indicated that he will remove the slab, and charge only for hauling awa y the broken concrete; he estimates 11 truckloads at $110 per load, for an increase in his contract amount of $1,210.00. Staff recommends the amendment of the contract with Mr. Gomez to increase the total cost of the con tract to $99,210. Mi nnick moved : Cole seconded: The change order #1 to the contract for demolition ser- vices with Gomez Demolition be approved; Mr. Gomez is to remove the 6" slab of concrete underlying the asphalt in the parking area on the west side of South Acoma Street, and the total contract cost will be increased b y $1,210.00 to a total amount of $99,210.00. AYES: Va nD yke, Voth, Cole, Minnick NAYS: No ne ABSENT: Totton, Neal, Novicky ABSTAIN: None The mot ion carried . Mr. Voth declared the recessed meeting a djourned . * * * * * I . CALL TO ORDER. The special meeti ng of the Urban Renewal Authority of March 20 , 1985, was called to order by Chairman Voth. Members present: VanDyke, Voth, Cole, Minnick Powers , Executive Director Members absent: Neal, Novicky, Totton Mcintyre, Non-voting Alternate Also present: Assistant Director Wm . R. Hinson Director of Engineering Services Diede Civil Engineer Ragland City Manager McCown City Attorney Olsen Councilmembers Bradshaw, Bilo, Higday, Vobejda John Hamilton, Muller Engineering Robb Carlson, Muller Engineering Herb Shall, EDAW II. ENGLEWOOD PARKWAY. Ms. Powers stated that this meeting is to consider the surfacing along • I • ( • • • • -3- Englewood Parkway sidewalks. She asked Hr. Diede if he wanted to make preliminary comments on the issue. Mr. Diede introduced Messrs. Hamilton and Carlson of Muller Engineering, and Mr. Herb Schall, of EDAW. Mr. Diede turned the meeting over to Mr. Carlson. Mr. Carlson stated that there is a need to discuss the dollars and cents of the project, and the costs of the various types of surfacing treat- ments that are being considered. The initial consideration was that sandstone would be used on the sidewalks and at corners; this type of surfacing treatment is estimated at $1.6 million. If the determination is mad e to use interlocking brick pavers , however, the estimated cost could decrease to $1 .4 million . Mr. Carlson then asked that Mr. Schall discuss the proposed alternatives to be considered. Mr. Schall stated that the suggestion is that special paving be used at all intersections and corners throughout the project; in between, there would be buff-colored concrete. Medians will have the special paving, and there will be an 18" splash-back area from the right-of- way to the Planting areas. Sandstone has been considered for all the "special paving" areas throughout the proiect; it now appears that there could be a mon etar y advantage by going to interlocking brick pavers rather than using the sandstone throughout. Mr. Schall sug- gested that use of the brick pavers with the buff-colored concrete and sandstone would provide a contrast, and highlight special areas. Mr. Schall discussed advantages of using the interlocking brick pavers; they are flexible, easy to replace, may be easily removed for under- ground utility line work . Mr. Schall displayed examples of sandstone and the interlocking brick pavers for the Commission and Council members. Mr. Bilo asked if the brick pavers are in use in Colorado. Mr. Schall stated that they have been used in Fort Collins, Vail, and in Boulder. Cost differentials were further discussed. Mayor Otis entered the meeting at 5:55 P. M. Mr . Diede asked for a co nsen sus from the URA and Council on whether to use only sandstone and concrete, or to use the sandstone, concrete, and brick-paver combi nation as discussed. Ms. VanDyke stated that if emphasis is on highlighting the project, she is in support of using the combination of buff-colored concrete , brick pavers, and sandstone . Other members expressed agreement on use of this combination surfacing treatment. Mr. Diede stated that the final design should be ready sometime within the next month with cost estimates, so that we can bid the project. Mr. Voth expressed the appreciation of the URA to City staff and Muller and EDAW staff for their attendance. Ms. Powers stated that there were one or two items that need to be dis- c ussed with City Council, and asked that they remain for a short time • I • • • • • • -4- Minnick moved: Cole seconded : The Urban Renewal Authority go into executive session. AYES: Voth, Cole, Minnick, VanDyke NAYS: No ne ABSENT: Neal, Novicky, Totton ABSTAIN: None The motion carried . * * * * * The mee ting adjourned at 6:45 P. M. Gertrude G. Welty Recording Secr~tary • I • • ( • I. CALL TO ORDER . • • .. • URBAN RENEWAL AUTHORITY April 3, 19 85 The regular meeting of the Urban Renewal Authority was called to order by Vice-Ch airman Larry Novicky at 5:35 P. M. Members present: Cole , Novi cky , Totton, Va nD yke Mcintyre, No nv oting Alternate Powers, Executive Direc t or Members absent : Voth , Minnick , Neal Also present: Wm . R. Hinson, Assistant Director Gary Diede , Director of Enginee ring Services Densel Ragland, Civil Engineer Penny Dietrich , EDDA Executive Director II . APPROVAL OF MINUTES . March 6, 1985 March 13, 1985 Mr. No v icky stated t hat t h e Minutes of March 6 , 1985, and of Mar ch 13, 1985, were to be considered for approval. Cole moved: VanDyke seconded: The Ninutes of March 6, 1985 and March 13, 1985 be approved as written. AYES : Novicky, Totton, VanDyke, Cole NAYS : None ABSENT : Minnick, Neal, Voth ABSTAIN: None The motion carried. III. CAHP DRESSER McKEE Inspection Services Mr. Diede addressed a r~quest from Camp Dresser McKee (CDM) for an increase in their inspection fee~. A fee increase of $2,000 was approved in January, and CDM is now asking for an additional $3,000 to cover their inspections of the wat r lines yet to be installed. Mr. Diede stated that there is app r oximately 450 ft. of water line yet to be placed; this cannot be in- stalled until the box conduit is completed. The original estimate of time used by CDM in submitting their cost estimates was that approximately 100 ft. of line would be installed per day; this has not proven out, and in fact, only about 40 feet of line is i nstalled per day; thus , the in- crease in inspection time required by CDM. Mr. Minnick entered the meeting at 5:40 P. M . • I • • • • • • -2- Discussion ensued. Mr. Diede stated that the s t aff is r ecommending that the fee increase in the a mou nt of $3,000 be ap proved; CDM has be e n ad- vised by the staff that n o fu r t h er i n creases in the contract will be re commended or approved . Totton moved: Cole/Minnick seconded: The Urb a n Renewal Authority approve a fee in- crease in the amount of $3,000 for Ca mp Dresser Mc Kee fo r i nspec tion fees . AYES: Novicky , Totton, VanDyke , Cole, Min n ick NAYS: None ABSENT: Neal, Voth ABST AIN: No n e The motion ca r ried . IV . CONSTRUCTION REPORT . Ms. Ragland reviewed the Co n st r uction Report; work continues on the box c ulve rt, and the creek f low has been dive rted i nto the new box . Two pours remain to be do ne for the roof slabs for the conduit; once this is done, backfilling arou nd the cond uit will begin . Completion time is still anticipated as June 2 , 1985. Mr. Died discussed the sch e dul i ng of bids for cons tru c tion of t h e Englewood Parkway. Mr. Neil e ntered the meeting at 5:50 P. M. Mr. Diede stated that this schedule will not allow the landscaping a long the Parkway to be done this Fall ; they have talked to the nurseries re- garding the trees, and have been advised there could be a loss as high as 40% on the oaks if they were to be planted in the Fa ll. Dis c ussion ensued. Mr. Novicky referred to a memorandum Mr . Diede had s ubmitted to City Manager McCown in January regarding the Public Improveme nt Budg et for the do~1town project. He asked whether the purchase of property for the realignment of Floyd Avenue could be postponed. Ms. Powers stated that th e property will be purchased in January, 1986 , and th e City is com - mitted to that date . The actual realignment of Floyd Avenue will b e done at a later time . V. RELOCATION PAYMENTS . Englewood Camera Mr. Hinson s t ated that a claim fo r compensation for advertising the mov e has been filed by Englewood Camera . Staff recommends payment of $2,900.09 on this claim ; this amou nt is within the allowable maximum for advertising expenses . Minnick moved: VanDyke seconded: The Urban Ren wal Authority approve payment of $2 ,900 to Englewood Camera for adv rtising compensation . I • ( • • • • -3- AYES: Novicky, Totton, VanDyke, Cole, Minnick, Neal NAYS: None ABSENT: Voth ABSTAIN : None The motion carried. VI. RELOCATION PAYMENT. Queen City Candy Mr. Hinson presented a partial relocation claim filed by Queen City Candy in the amount of $628.26; this includes compensation for reinstallation of telephone service, disconnection of equipment, and for reprinting ob- solete mat erials. Minnick moved: Totton seconded: The Urban Renewal Authority authorize and approve pay- ment of $628 to Queen City Candy; this is a partial claim and encompasses reinstallation of telephone service, disconnection of equipment and reprinting of obsolete materials. AYES: Totton, VanDyke, Cole, Minnick, Neal, Novicky NAYS: None ABSENT: Voth ABSTAIN: None The motion car ried . VII. RELOCATION PAYMENT. Colorado's Finest Meats Mr. Hinson presented a r e location c laim filed by Julian Valles of Colorado's Finest Meats, in the amount of $1,609.75; this request is for obsolete yellow and white page advertising. Staff recommend s pay- ment of this amount. Discussion ensued. Mr. Hinson pointed out that while the total a mount approved for Colorado's Finest Meats is $21,546.33, Mr. Valles has not received that full a mount; he has yet to determine whether he will, in fact, replace some of the obsolete equipment for which payment was ap- proved. These funds wi ll not be paid until a r ecei pt is furnished to staff. Members of the Authority questioned when the six-month period expires for Colorado 's Finest M ats . Mr. Hinson stated that the Handbook re- quires that the claims be submitted within six months after moving. Further discussion ensued. Ms. VanDyke suggested that the exact wording from th Handbook should be reviewed, and a determination made whether further claims can be received from this business. VanDyke moved: Neal seconded: The Urban Renewal Authority approve payment of $1,609.75 to Colorado 's Finest Meats for compensation for obsolete yellow and white page advertising • I • • • • • • -4- AYES: VanDyk e , Col , Minnick , N al , ovicky, Totton NAYS: None ABSENT: Voth ABSTAIN: Non The motion carried. Neal moved: Minnick second ed: The Urban Renewal Authority shall suspend further re- location payments to Colorado's Finest Meats beyond the $1,609.75 approved at this meeting, pending veri- fication by the staff of the exact language regarding relocation payments containe d in the Relocation Hand- book , and verification of the date payments were initially made to Colorado 's Finest Meats; this in- fo rmation is to be available at the next meeting. AYES: Cole, Minni c k, Neal, Novi~y, Totton, VanDyke NAYS: None ABSENT: Voth ABSTAIN: None The motion carried. VIII. RELOCATION PAYMENT. United Brokers, Inc . Mr. Hinson presented a fi nal relocation claim filed by United Brokers, Inc. for relocating signs. Staff recommends payment of $455, whi ch ex- cludes pa yment for rewiring the sign aft the new address, and for a temporary sign a t the former address adve rtising the move. The claimant had ex- ceeded the advertising limit on the previous claim. Minnick moved: Cole seconded: Th e Urban Renewal Authority approve payment of $455 to United Brokers, Inc. for sign relocation. AYES: Cole, Minni ck , Neal, Novicky, Totton, VanDyke NAYS: None ABSENT: Voth ABSTAIN: None The motion car r ied. IX. CLEANING-SERVICE PAYMENT South Evangelical Presbyterian Fellowship Mr. Hinson presented a memorandum concerning payment for custodial ser- vice performed by South Ev a ngelical Presbyterian Fellowship at 3311 South Broadway following the purchase of this property by the Urban Renewal Au- thority. Prior to the pur chas e of the property by the URA, the propert y owner had granted to the Fellowship a $180/month allowance on their rent in r et urn for their maintenance of their own quarters rather than having the custodial service clean the offices. Following the purchase by the • I • ( • • • • -5- Authority, this same arrangement was maintained for the one month that the Fellowship was in the building prior to their relocation. Reverend lvayne Everett of the Fellowship has just recently submitted the bill for $180 to cover the c ost of cleaning services performed by them prior to their move . Staff does recoounend payment of this $180 .00; ~lr. Hinson pointed out that this is not a part of the relocation payment, and that the six-month tim limit would not apply. Neal moved: Cole seconded: AYES: Minnick, NAYS: None ABSENT: Voth ABSTAIN: None The Urban Renewal Authority approve payment to the South Evangelical Presbyterian Fellowship $180.00 to compensate for their cleaning services at 3311 South Broadway during the month of September, 1984. Neal, Novicky, Totton, VanDyke, Cole The motion carried. Mr. Novicky inquired about additional relocation claims that may be forth- corning. Discussion ensued. X. FINANCIAL REPORT. Ms. Powers discussed the Financial Report, and pointed out a change in format. Ms. Powers also submitted copies of the Financial Report as has been set up on the computer. Further modifications will be made to the format on the computer, a nd the financial report will be computerized from this month on. Ms. Powers stated that the current information on investments is not available, and the audi~ of the Urban Renewal Authority accounts is not completed yet. XI. OLD BUSINESS. A. Land Acquisition Ms. Powers reported on negotiations with the First National Bank of Englewood, Brady Development Corporation and S. Bud Brady regarding property at 3405 South Broadway and 50 We s t Girard Avenue. The Urban Renewal Authority has now assumed the loan Mr. Brady had with the First National Bank of Englewood on this property; Brady Development Corpora- tion has nine months in which first right-of-refusal is granted to them if the property is sold. This procedure has given the Authority title to the land for $600,000 , and demolition of these two buildings is pro- ceeding. Mr. Novicky asked if a parking lot is to be built on this property. Ms. Powers answered in the affirmative. The cost estimate of $60,000 encompassed the total block for blacktopping and striping . Mr. Neal inquired about the status of Western Office Machines and the Trailways buildings on South Acoma Street. Ms. Powers stated that these properties are being appraised . I • • • • • • • -6 - Ms . Powers reviewed the Assumption Agreement with the Authority. The Authority is requested to pass a resolution giving approval to assumption of the loan. Mr . Novicky asked if something should be included in the Agreement on joint venture partners with Brady. Ms. Powers stated that joint venture partners are addressed in the Redevelopment Agreement. Minnick moved: Cole seconded: The Urban Renewal Authority approve Resolution #2 , 1985, A RESOLUTION OF THE URBAN RENEWAL AUTHORITY TO ACQUIRE THE PROPERTIES AT 3405 SOUTH BROADWAY AND 50 WEST GIRARD AVENUE BY ASSUMING THE LOAN OF BRADY DEVELOPMENT CORPORA- TION AND S. BUD BRADY ON THESE PROPERTIES WITH THE FIRST NATIONAL BA~~ OF ENGLEWOOD, and that Vice-Chairman Novicky be authorized to sign the Assumption Agreement on behalf of the Urban Renewal Authority. AYES: Neal, Novicky , Totton , VanDyke, Cole, Minnick NAYS: one ABSENT: Voth ABSTAIN: None The motion carried . * * * * * Minnick moved: VanDyke seco,ded: The Urban Renewal Authority go into Executive Session. AYES: Novicky, Totton, VanDyke, Cole, Mi nn ick , Neal NAYS: None ABSENT: Voth ABSTAIN: None The motion carried. * * * * * VanDyke moved: Minnick sec onded: The Urban Renewal Authority come out of Executive Session. AYES: Totton, VanDyke, Cole, Minnick, Neal, Novicky NAYS: None ABSENT: Voth ABSTAIN: None The motion carried. Mr. Novicky asked that the staff look into the possibility of the alternate Authority member becoming a voting member when needed because of lack of quorum. Mr. Neal inquired about a maintenance district Ms. Powers stated that there have been several Brady; but nothing has really been determined . for the downtown area. meetings on this with Discussions have cen- • I • • ( • • • • -7- tered on the Authority maintaining the public areas, and the redeveloper maintaining the private areas. Discussion e nsued. The meeting adjourned at 7:10 P. M. Gertrude G. lvelty Recording Secretary I • • - ( • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION April 2, 1985 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order at 7:05 P. M. by Vice Chairman McBrayer in Mr. Venard's absence. Members present: Allen, Barbre, Beier, Carson, McBrayer, Stoel Vargas, Ex-officio Members absent: Gourdin , Magnuson, Venard Also present: Dorothy A. Romans, Assistant Director of Community Development Susan T. King, Senior Planner Harold J. Stitt, Planner II Jack Olsen, City Attorney II. APPROVAL OF MINUTES. March 19, 1985 Chairman McBrayer stated that the Minutes of March 19, 1985 were to be considered for approval. Carson moved: Stoel seconded: The Minutes of March 19, 1985 be approved as written. AYES: Allen, Carson, McBrayer, Stoel NAYS: None ABSTAIN: Barbre, Beier ABSENT: Gourdin, Magnuson, Venard III. FINDINGS OF FACT. Plummer Rezoning Request Case /15-85 Chairman McBrayer stated that the Findings of Fact on Case /1 5-85, the Plummer Rezoning Request, were to be considered. Carson moved: Stoel seconded: That the Findings of Fact for Case /1 5-85 be approved as written. AYES: Allen, Beier, Carson, McBrayer, Stoel NAYS: None ABSTAIN: Barbre ABSENT: Gourdin, Magnuson, Venard IV. RIGHT-OF-WAY VACATION West Warren Avenue/South Pecos Street CASE 116-85 Th e Chairman asked for the consideration of the vacation request, and a sked if the staff had anything to add to the Staff Report. Mrs. Romans said that Ha rold Stitt had some slides to show of the subject property, • I • • • • • • -2- whi c h is zoned 1-2, Heavy Industrial, and which is on the dividin g line between Englewood and Oe nver. Th e slides whi c h we r e s hown by Mr. Stitt showed that there i s a drop of about 25 feet from th e right-o f-wa y on thl· Englewood s ide and th e right-of -wa y on the De nv e r side, a nd confirmed that a street with tw o lanes could not b e dev e l o ped. Mr. Stitt als o s how ed a s lide of th e curb a nd gutter whi c h Mr. Dods on has put on th e no rth a nd south si des of West Baltic Place . Mrs. Romans said t hat it is ph ys ically impossible on the north and east sides of Mr. Dodson's property to utilize the right-of-way since the thirty feet in Denver is on a slope o r me rely air space. Because ri ght- of-way comes from the adjoining ground, if there is no publi c purpose for that right-of-way , the land should be returned to the ground from which it was given . Denver has vacated its section of the adjoining right-of-way, and the staff supports the vacating of the Englewood part, so that the owner can utilize the land. Mr . McBrayer asked what use the vacation property will have . Mrs . Roman s said the applicant would answer that in his remarks. Mr . Allen asked how access would be attained for the buildings on the Englewo od side. Mrs. Romans said that the access to those buildings will be from Baltic. Mr. Dodson owns the e ntire block, with Raritan on the west a nd Baltic on the south. The west e nd of Warren will supply access down to a cul-de-sac . Mr. Carson asked if Denver had vacated their section. Mrs. Romans said that Denver has vacated the right-of-way on Pecos, and the Warren section has been referred t o Denver 's Council and City Attorney . Mr. Allen asked if there were any ut ility lines in this section. Mrs . Romans said th a t an easement would be retained for utilities . Mr. Craig Dodson, the applicant and owner, showed plans with access from Baltic and agreed to the easement . He stated that he wants the right to fence off the area to prevent dumping and to prevent the area from being a hangout for gangs. He said the area would be graded, and would be pro- vided with curb and gutter. He said that it would blend in with the rest of the property and would be used for parking and storage. The hill will be seeded by the people to the north. He said that they would fence up to the cul-de-sac to prevent dumping. He said they would cooperate with Denver and the City of Englewood Engineering Department. He said he had read the Staff Report and agreed with the conditions. Carson moved: Stoel seconded: That th e right-of-way be vacated in the areas described below: 1) West Warren Avenue: The south 30 feet of right-of- way a distance of 390 feet west from the centerline of South Pecos Street. 2) South Pecos Street: The west 30 fe et of right-of-way a distance of 266 feet south from the south right-of- wa y line of West Warren Avenue. Thi s vacation is granted with the following conditions: l) A utility easeme nt be granted in the proposed vacated portion of West Warre n Avenue. Thi s easement must mee t the r e quireme nts of the Utilities Department • • I • • f • • • -3- 2) Suffici e nt privat e property be dedicat e d for th e construction of a cul-de-sac on West Warre n Avenu e . The cul-de-sac is to be located approximately 200 feet east of the inters ec tion of West Wa rren Avenue and South Raritan Street and built to City specifica- tions by th e property owner. AYES: Allen, Barbre, Beier, Carson, McBrayer, Stoel NAYS: None ABSENT: Gourdin, Magnuson, Venard The motion was carried . V. WORK PROGRAM AND GOALS. Mr. McBrayer suggested that the Work Program and Goals be tabled until Mr. Venard, th e Chairman, is present. The Commission agreed. VI. PUBLIC FORUM. There was no one in the audience who wished to address the Commission. VII. DIRECTOR'S CHOICE. Mr. Vargas stated that Councilman Higday requested that the Department of Community Development look into a pro l ifer a tion of used car lots, and asked that some parameters be considered to control these car lots. Mrs. Romans suggested two methods: making car lots conditional uses requiring a public hearing, or providing for minimum lot standards. City Council asked that staff forward that recommendation to the Commis- sion for its input. Since the Council is going to be considering the Comprehensive Zoning Ordinance on April 22, they would like the Planning Commission to consider adding this to the Ordinance, and forwarding its recomm e ndation to the Council before April 22, 1985. Mr. McBrayer suggested that the Commission could consider the matter on April 16, and asked that the memorandum be sent out in the packet for that meeting. VIII. COMMISSION'S CHOICE. Mr. Beier asked Mr. Vargas if the Council had made any comments on the Comprehensive Zoning Ordinance. Mr. Vargas said that the matter has been and will be discussed at study sessions and will be addressed on April 22 at a Public Hearing. Mrs. Romans called the Commission's attention to the packet on the Aurora Satellite Dish Ordinance. Th e mee ting adjourne d at 7:35 p.m. A . -/£ .. ("~. ~-~ -::::.. _____ _ Shervl cus ses , Re>cording Secretary • • I • , I • • • mNUTES Englewood Public Library Advisory Board April 9, 1985 Chairman Jerry Valdes called the regular meeting of the Library Advisory Board to order at 7:30p.m. PRESENT: REGRETS: ALSO PRESENT: Jerry Valdes, Lois Sterling, Debbie Dix (arrived at 7:45p.m.), Bruce Hogue (arrived at 7:32p .m.), John Peterson, Al Quaintance, Gerald Sampson, Dorothy l~heelehan Kay Van Valkenburg Sharon Winkle, Director of Libraries Donna Gottberg, Recording Secretary Roll call wa s taken and a quorum declared present. ~lr. Valdes began with the Chairman's Report. With the Joint Boards of Arapahoe County Libraries meeting only twice a year there was a need to choose a 1 iaison from Englewood's Library Board. ~1r. John Peterson volunteered to be Englewood's representative. The Remembrance Fund Committee was reconstituted. Thi s committee will develop a promotion program a nd formulate plan s for discussion with other clubs etc. that would help present the Fund . The Committee is co~posed of Jerry Valdes, Debbie Dix and Dorothy Wheelehan. Jerry, as Chairman, will set up a meeting soon with ~Is. Winkle in a ttendance. Draft copies of the resolution s upporting implement a tion of the a utomated library management system wer e brought forward for discussion. 85-8 MOTIO N: That the draft resolution be adopted as presented and that a copy of the Resolut ion supporting implementation of the Automated Library ~1anage ment System be forwarded to City Co un cil. ~~ved by: John Peterson Seconded by: Al Quaintance ~tion carried. After a lengthly discussion on the public parking co ncern s the draft resolution supporting the provision of public parking for library users was introduced. 85-9 ~lOTION: That the draft re solution be adopted as presented and that a copy of the Resolution Supporting the Provision of Public Parking for Library Users be forwarded to City Council. • ~~ved by: Lois Sterling Seconded by: John Peterson ~lotion carried. Chairman's Choice Mr . Valdes noted that ~1r. Al Quaintance would represent the Board by attending the American Library Association (ALA) Annual Conference at Chicago, in July. continued .... • I • I 0 • • • - -2- 1·1r. Valdes turned the meeting over to ~Is. IVinkle for the Director's Report. ~Is. Winkle noted that the Board members have now received their final copies of the 1985 Goals and Objectives document. l·ls. l'linkle reported that City Council had approved the 3~1 Company's ~lode! 1350 Security System for installation in the Library. It is anticipated that 10 % of the Library materia 1 will be "targeted" by the end of 1985. The first volunteer session of "targeting" is planned for Saturday and Sunday, April 27-28. ~lr. Champlin of the 3~1 Company will be on hand the 27th to instruct staff in the targeting process. Future targeting sessions will be planned and Board and staff will be informed. Publicity regardi ng the new security system is planned for .June, closer to the installation date. There was a brief discussion regarding the security system. The Colorado Legislative Co mmittee sent the Board information regarding the Colorado Resource Center (CRC) funding a nd the choices available. Director's Choice Each member received a copy of a s tatistics s heet from Jeffco Library showing a 1985 budget breakdown for public libraries in Colorado with annual budgets of $250' 000+. ~Is. Winkle noted that Board members now receive copies of the Planning Committee minutes . The new mi ssion s tatement for the Library is stated in the Minutes of the 4-3-85 meeting. ~Is. Winkle introduced the draft copy of the Request for Proposal (RFP) for the automated library system. One copy will be routed to Board member s who are interested. Comments should be forwarded to Hank Long by April 22. During National Library l~e ek, Apr il 14-20, the libraries of Arapahoe County (APAL) are sponsoring a Colorado Authors That !·lade a Difference program, beginning with an open house on April 14 with several Co lorado authors speaking. This will be held at Bemis Library at 1 :00 p.m. There is a display of state and local personalities, with letters on "Books That ~lade A Difference", posted in the Englewood Library in the Children 's section. April 1 7 is "Take A Legislator to Lunch" program. l·ls. Winkle will try to contact Mr. Chris Paulson to s ee if he could attend lunch with her and any of the Board members who would be avail tble. ~Is. Winkle thanked both ~I s. Wheelehan and Ms . Sterling for their help in the recent surveys held at the Library . ~Is. VanValkenburg had helped at an earlier survey. ~Is. Winkle gave a vot e of thanks to ~lr . John Peterson who works on a volunteer basis sorting gift bollks. He keeps our "sale" table full and the Donor's Fund reaps the benefits of his labor. Members' Choice ~Is. Dix announced that she is expecting a baby in Sept ember. Mr. Hogue and Mr. Peterson volunteered to be the committee for planning of the annual Staff/Board picn ic . This year the picnic is tentatively planned for July. continued .... • I • - ( ( • • - -3- Mr. Sampson noted an article in the Rocky Mountain News regarding the first tax supported library which wa s opened t his month in 1833 in Peterboro, NH . It was suggested that the Bo a rd send a bi rthday card to the library. Mr. Sampson will be on vacation for the next three weeks and will be unable to attend the meeting next month. Mr. Hogue noted that there still was a need for a committee to come forth with a job description of the Board members duties . ~Is. Sterling recommended this committee be set up at the September meeting. It was noted that because of the AlA convention in July Ms. Winkle would be unable to attend the July meeting as scheduled. The July meeting will be rescheduled. The Statistical Report for March was briefly discussed . No committee reports. No unfinished business. 85-10 ~lOTION: That the ~linutes from the March 12, 1985 meeting be approved as presented. Moved by: John Peterson • Seconded by: Lois Sterling Motion carried. Meeting adjourned at 9:00 p.m. 4-12-85 dg • • I • • • .., tc~~-i~. -• • PUBLIC HEARING Before The CITY COUNCIL sjro j s_s- 'f?evuvi<t ~Xu au J:_ d/::.3-D I WISH TO ADDRESS THE CITY COUNCIL TELEPHONE OBSERVER IN FAVOR IN OPPOSITION I NO POSITION 7[1-d"~ 7.,l.. / //' I'(' ~ A3oS.~ \( ( c v~ - • • - .. • y l'('y I • • ' ~ "' ~ <:- I • • ,.. ( • • • • /O a__ BY AUTH ORITY ORDINANCE NO. SERIES of 1985 ____ _ COUNCIL BILL NO.~ot INTRODUCED BY COUNCIL MEMBER '--JJ /..4 _2 AN ORDINANCE CREATING PAVING DISTRICT NO. 30 IN THE CITY OF ENGLEWOOD, COLORADO, ORDERING THE CONSTRUCTION AND INSTALLATION OF STREET PAVING, CURB AND GUTTER AND SIDEWALK IMPROVE- MENTS, TOGETHER WITH NECESSARY INCIDENTALS: PROVIDING FOR THE ISSUANCE OF BONDS IN PAYMENT FOR SAID IMPROVEMENTS: AND SETTING FORTH OTHER DETAILS IN CONNECTION WITH THE DISTRICT. WHEREAS, the City Council of Englewood, Colorado, pursuant to the Charter and the Municipal Code of the City, and the Laws of the State of Colorado, hereby finds and determines t h at there ex i sts a neces si t y fo r the creation of Paving Di strict No . 30 , i n t h e City, an d th e construct i o n and installation therein of str eet pav i ng , cu r b and gu t t e r and sidewalk improvements, together wi th necessary in ci den t a ls , o n certain streets i n the City: a n d WHEREAS , n otice of a pub lic he aring c o ncern i ng t h e creation of t he District a n d t he constru ction a nd i nstallation of the improvements therein has been published once a week for t h r ee consecutive weeks in the Englewood Senti n el , a newspaper of general circulation in the City , and i n addi tion, a notic e has been mailed, postage prepaid , to each known o wn er of real p r operty within the proposed District: and WHEREAS, at the tiJTle and place set forth in the n o tic e, the Ci ty Council met in open session f o r the purpose of heari n g any o b jec t io n s o r protests that mi g ht be made against the proposed distr i ct or the improvements to be constructed or installed: and WHEREAS , all objections and pr o tests having been duly heard and considered , the City Council has determi n ed to proceed with the creation of the District and the construe tion of the improvements o n those streets described in the Resolution of Intention passed and adopted on March 4, 1985 , provided , however, that certain planned improvements on those streets will not be - 1 - • I • • • • • - constructed or installed, and that other changes or modifications to such improvements will be made; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Creation of the District. That a special installation or improvement district for the construction, improvement of the improvements hereinafter described, is hereby created and established in accordance with the Charter and the Municipal Code of the City, and the Laws of the State of Colorado, and shall be known and designated as "Paving District No. 30". All proceedings heretofore taken and adopted in connection with the District are hereby ratified, approved and confirmed. Section 2. Engineering Plans and Specifications. That the engineer's reports, together with all of the details, specifications, estimates, maps and schedules thereto attached or appended, are hereby approved and adopted. Section 3. District Boundary. The extent of the District to be assessed for the cost of the improvements and the area to be included within the boundary of the District, shall be all the real property specially benefited, and fronting or abutting on the streets and avenues between the termini hereinbefore described, including the real property within one- half (1/2) block of such streets and avenues. Adjustments for the assessment of costs will be made for irregular and odd-shaped lots and parcels of property. Section 4. Description of Improvements. improvements and the streets and The kind of avenues on which such improvement s shall be constructe d · o r installed , i n c luding the deletions, changes or modifications to the improvements, shall be as follows: 1) Necessary grading and excavation, paving with 6" compacted gravel basecourse and 2" asphaltic concrete surface, concrete walks, curb and gutter, or 4' "V" pan where not already installed or not meeting City standards; together with appurtenances and incidentals on the following streets and avenues: - 2 - • I • • ( • • • • On Fran 1b E. Antlerst Ave. E. line s. !'enn St. w. line S. Wishington St. Prop:> sed: E. Amherst Ave. E. Antlerst Ave. s. Emerson St. s. llierson St. Prop:>sed: S. llierson St. Prop:> sed: s. Ogden St. Proposed: S. Pearl St. Proposed: Construct 26'-wide pavirg (6 & 2) 2'8" walk north and and south sides, except where 2'6" walk exists E. lines. Clari<oon St. E. line City Ditch S. line E. Yale Ave. S. line E. Antlerst Ave. Construct 20' wide pavirg (6 &2) E. 1 ine s. Emerson St. w. line s. Ogden St. N. line City Ditch 300 ' S. of E. Antlerst Ave. 4' "VW pans each side S. line E. Girard Ave. N. line E. Hampden Ave. Construct 3l'wide pavirg (6 & 2) curb, gutter & sidewalk both sides (curbl.elk type 2) s. line E. Yale Ave. N. line E. Bates Ave. Construct 27'-wide paving (6 & 2) 2'8" sidewalk on E. side only s. line E. Yale Ave. N. line E. Amherst Ave. Cbnstruct 26'-wide paving (6 & 2) curbwalk type 1 or curb and gutter with 2'8" walk S. Wcishirgton St. S. line E. Cornell Ave. Propooed: Cbnstruct 27'-wide paving ( 6 & 2) N. 1 ine E. I:artmouth Ave. On 2) Necessary grading and excavation, paving with 8" compacted gravel basecourse and 3" asphaltic concrete surface, concrete walks, curb and gutter where not already installed or not meeting City standards: together with appurtenances and incidentals on the following streets and avenues: Fran 1b w. Baltic Ave. E. line S. Raritan St. E. line s . R:!cos St. Prop:>sed: E. lia!r(lden Ave. Prop:>sed: 3) Construct 40' wide pavin:;, (a & 3) (petitioned street) E. line S. Shernan St. Construct 32'-wide pavin:;, (8 & 3) E. line S. Clari<son St. Necessary grading & excavation, paving with 8" deep-strength asphaltic concrete, concrete walks, curb and gutter where not already installed or not meeting City standards; together with appurtenances and incidentals on the following streets and avenues: - 3 - • I • • ( ( • l'l. Union Ave. Proposed: 4) • • • Fran 1b E. end Platte River Bridge w. line St. Hwy. 85 Construct 40'-wide paving 8" deep-strength asphalt (assess at 40' paving 8 & 3.) curb, gutter and 4' walk on south; curb and gutter only on north Stripping off existing asphaltic concrete surface, reshaping existing compacted basecourse and paving with 2" asphaltic concrete surface, along with removal and replacement of co n crete curb, gutter, and walk not meeting City standards; together with appurtenances and incidentals on the following streets: On Fran 1b 600 E. W3shington Cir. w. line s. W:lshington St. w. line s. 1-Bshington St. 5) 2" asphaltic concrete overlay, along with removal and replacement of concrete curb, gutter, and walks not meeting City standards; together with appurtenances and incidentals on the following streets and avenues: E. J\rrhers t Pl. s. Bannock St . s. Bannock St. s. Galapcgo St. s. Lincoln St. s. Lincoln St. S. W3sh i ngton St. Section 5 . E. s. s . s. s. s. N. Fran 1b line S . Penn. St . w. line s. Clarkson St. line l'l . ffilhers t Ave. N. line 1·1. Bates Ave . line w. Bates Ave. N. line w. tartmouth Ave. 1 ine w. Chenarqo Ave. N. 1 ine w. Grand Ave. line E. fiantxlen Ave. N. edge Little Dry Creek line E. Oxf o rd Ave. N. 1 ine E. Princeton Ave. line E . Gran d Ave. N. lin e E. Bellevi ew Ave. Im p rovements Authorized . The construc t ion or i nstall ation of t he s treet paving , curb and gutter and sidewalk im provements in and fo r the Di strict , as shown by the plans , spe cifications and maps thereof , appr o ved by the City Council of the City , is hereby authorized an d o rdered , the material to be u sed in the construction of said improvements to be in a ccordance with such maps, plans and specifications . Section 6 . Assessment of Costs . The p r obabl e t ot a 1 cos t of the improvements to be constructed o r i nst a ll ed is $1,216 ,000 , it is proposed that the City of Eng l e wood will pay appro x i mate l y $360 ,000 , the remainder o f the cost wil l be assessed against the property wi t hin the Distri c t and speci a lly be n efited -4 - • I • • • • - by the construction and installation of the improvements. The approximate share of the total cost to be assessed per front foot or square foot shall be as more particularly set forth in the resolution passed and adopted on ~\arch 4, 1985, and which is incorporated herein by specific reference. Section 7. Payment of Assessments. The assessments will be due and payable without demand within thirty ( 3 0) days from and after the final publication of the Ordinance assessing the whole cost of said improvements agai ns t the real property in the District. In the event any owner of real estate shall fail to pay the whole of such assessment against his or her property within said thirty (30) days, then the whole cost of the improvements so assessed against such property shall be payable in ten (10) equal annual installments of principal. The first of such installments of principal shall be due and payable at such time as will be determined in the assessing ordinance and the remainder of said installments shall be due and payable successively on the same day in each year thereafter, until all are paid in full. The rate of interest to be paid on unpaid and deferred installments will be established by ordinance to be adopted by the City Council at a later date . Section 8. Special Improvement Bonds. By virtue of and pursuant to said laws and the Charter and the Hunicipal COde of the City, local improvement bonds of the City shall be issued for the purpose of paying for the local improvements described in this Ordinance, in an amount not to exceed the cost and expenses of said improvements, including engineering, legal and incidental expenses, as provided by law. The bonds shall be issued based upon estimates approved by the City Council, and as authorized by an Ordinance to be passed by the City Council at a later date. The maximum rate of interest on special improvement bonds for Paving District No. 30, shall not exceed fourteen (14) per cent per annum. The bonds and the interest thereon shall be payable out of special assessments to be levied against the real property included within the District and specially benefited by the improvements to be constructed or installed. -5 - • I • • - ( ( • • • • Section 9. General Benefits. The City Council hereby finds and determines that the improvements proposed to be constructed and installed will confer a special benefit upon the property within the District and a general benefit upon the City as a whole. sections Section 10. or parts Severabilitx. That of this Ordinance if any one or more shall be adjudged unenforceable or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance, it being the intention that the various provisions hereof are severable. Section 11. Hearing. In accordance with the City Charter and Municipal Code of the City, the City Council shall hold a public hearing on this ordinance, before final passage, at 7:30 P.M. on Monday, ,~r jO, 1985. Section 12. ~ubliol!pon and Effective Date. This Ordinance, after its final passage, shall be numbered and recorded, and the adoption and publication shall be authenticated by the signature of the Mayor and the Director of Finance, ex- officio City Clerk-Treasurer, and by the Certificate of Publication. This ordinance shall become effective thirty ( 30) days after publication following final passage. Introduced, read in full, and passed on first reading, the 6th day of May, 1985. May, 198 5. Published as a Bill for an Ordinance on the 8th day of ( S E A L ) ATTESTED: Director of Finance, ex-officio City Clerk-Treasurer Mayor I, Gary R. Higbee, ex-officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and - 6 - • I • - ( • • • • • foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 6th day of May, 1985. Gary R. 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Tre 1 GriiM I • • • PUBLIC HEARING :5-;fD /t !J- A-/r--;1 ~ Before Th ~ CITY COUNCI~ ~ . on -~~~ ... ~ ·rfi i/ I WISH TO ADDRESS THE CITY COUNCIL NAME ADDRESS TELEPHONE OBSERVER IN FAVOR IN OPPOSITION NO POSITION a ,h'$;~ X / 'V ; uuA;~vd~ ~.~~ X ~~,tf' ttu~~ I , r 35bCJ ~/2 X h_~~ .. ~UY' d-X /z~~~ • <T v , t/ "/ ~ ]?U?f-?TfA~ }J)o k , ~"X-~ X • (/ / , 6~,._"-~ ..C-/ rq'_d~r ~ A a« X I ·~·c.;·~------. ~ • • • ( I • • CERTIFICATI ON OF POSTING Attached is a photograph of a si g n as 1t is ere cted on Lhe followin 6 Lo T~ k: } • ·Legal Description I hereby certify under oath that the above described property was posted continuously for ~ period of rL, days' from ---J.~-1-/_'2-0_..;:_ ___ _ ____ , 19 _y__, to -------~-1-~-'"~/'--q-·_5_ ----19 Date 7 - State of Col orado ss County f Arapahoe Subscr11Jed and sworn to before me this day of J.l(r----• 19 ~ A se parate c cr t i flc ;, 1 j •)11 s hall be presented to the Department of Comm unit y Devel opment Jor each Notice of Hearing sign. Such certification should be su bmitted to the Department prior to the PubllC.: lit:ar .J n " jn order that it ca n b e included in the infonnatio n pre sen te d t'o' the Public body before whom the He arin g is b ing h e ld • I • • • CERTIFICATION ~City . Council ~«M~~ Pt1STING 5-& -rs- 0 Board of Adjustment and Appeals 0 City Planning and Zoning Commission CASE NO. __ P-18 • Attached is a photograph of a sign as it i s erec t e d on the following described property. Address: ;]5ib {ffi ft--.(35// L ~tJJV;i!:J.) Legal Descripfion: /,o75·. Ljlf LJ.fJ 7 4G ~ / U ~~ ~ ~~~ ~~ ~ e;;f} cf ~ q. ~ t::U'W1P. I hereby certif y tha t the above described pro perty was posted continuously for a V · period of --~-'-\ _G_ days, f rom _________ 1~J-~_o_./ __ ~~------------------- to s-/ro 1 cr s I ------------ State o f Colorado ) ) as Co unty of Arapahoe ) Relation t pro\eity Date Su b scribed and sworn to before ae this brfh._ ------19 ~ /: Ad dress Hy Ca.ailsion expire. _________ __ A separate certification should be presented for each Notice of Hearing Sign. Such certification may be subaitted to the Department of Co-.unity Development prior to t he Hearing or presented at the Hearing. --------------------------------~~ • I • • • • • • ;ob RE S OLUTIO N NO. ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD APPROVING OF THE POLICY REPORT FOR SINGLE FAMILY MORTGAGE RE VENUE BONDS UNDER SECTION 103A OF TH E INTER NAL REVENUE CODE AND AUTH ORI- ZING THE HIGHEST ELECTED REPRESENTATIVE OF THE CITY TO EXECUTE AND P UBLISH SUCH REPORT . WHEREAS t h e City of Englewood , Colorado (the "City"), a political subdivision of the State of Colorado, is d esi rou s of participating in the issuan ce of single family mortgage reven u e bonds within th e calen d a r year 1985 in order to assist p ersons and families of low and midd le-income r esi ding within the City in t h e purchase of safe and sanitary hou si ng; and WHEREAS, pursuant to S ection 103A (j)(5) of th e In ternal Reve nu e Code of 1954, as a men d e d, it is nec es sary that th e hi g h est e l ected r ep r ese ntative of each governmental unit which i s th e issu er or on who se b e hal f s ingl e family mortgage r e venu e bond s are issued has publishe d a stateme nt of polici es with respect to hou s in g whic h such governmental unit is expecting to follow in issuing qualified mort gage bonds; and WHEREAS, Th e City did not issue, nor hav e issu ed on its behalf , qualifi e d mortgage r even u e bond s during calendar year 1984, nor did the City r eason ably expect during calendar year 1984 to issue, or hav e issued on its behalf , quali fied mortgage revenu e bonds durin g ca l en dar yea r 1985; and WHEREAS, s u ch policy report ha s been prepared (a copy of which is attached to this resolution) an d a public h earing following reasonable public notice will be held with respect to such report. NOW, THEREFORE, BE IT RESOLVED by t h e City Council of the City of Englewood that the policy report in s ub st antial ly the form attac h ed hereto is hereby approved as a statement whi ch accurately sets forth the expectatio n s of the Cit y as to the issuance of single family mortgage revenue bonds and the u se of the pro cee ds d e rived from their sale for the calendar year 1985. BE I T FURTHER RESOLVED that the highest elected represehtative • I • - • • • • of th e City, being the Mayor, is hereby autho rized to pub]ish t he report attached h ereto and to execu te such r eport on behalf of the City. Upon motion dul y made and seconded, the foregoing Resolution was adopted b y the following vot e : AYES: Coun ci lman Higday, We ist, Neal, Vobejda, Bilo, Bradshaw, Otis NAYS: Non e The Mayor declared the motion ca rri e d. STATE OF COLORADO COUNTY OF ARAPAHOE ss . I, :Ja.,,iLe.. L . Ou..leY\ J:>e~u-±;J. City Clerk for the City of Englewood hereby certify \hat t e above Resolution is truly copie d from the records of the pro cee dings of the City o f Englewood, now in my hand and affixed the seal o f the Cit y this Sf: h d ay of /L1a y , 1985. C Clerk ~ • I . • • • '. • POLICY REPORT OF THE CITY OF ENGLEWOOD UNDER SECTION 103A TAXPAYER IDENTIFICATION NUMBER : 98 -0 3470 This report sets forth Lhe statements of policy on single family mortgag e revenue bonds of the CiLY of Englewood (the "CiLy") to b applied during the calendar year 1985 in accordance with Section 103A(j)(5) of the lnt rnal Revenue Code of 1954, as amended by Section 611 of the Tax R form Act of 1984 (the "Cod "). Section 103A (j)(5) of Lh Cod r equi res that a report be published by the applicable lected representative of t.h e City and a copy of such r eport submitted to the Commissioner of the Internal Revenu e Service . Because the City did not issue, nor have issued on its behalf, qualifi d mortgage bonds during cal ndar year 1984 and did not expect during calendar year 1984 to issue(or have issued on its behalf) qualified mortgage bonds during calendar year 1985, the date upon which the report is to be submitLed is prior to the d ate of issuance of such single family mortgage revenue bonds. Contained in this report is a statement of policies with respecL to housing , d ev lopment and low-income housing assistance which the City expects to follow in issuing single family mortgage r evenue bonds and an assessment of th compliance of the City during the one y ar period preceding the date of this report with the intent of Congress that Stat e and local governments are expected to use their authority to issue single family mortgage revenue bonds to the greatest extent feasible (taking into account prevailing interest rates and conditions in the housing market) to assist lower income families to afford hom e ownership before assisting higher income families. The primary goals of the.City in the calendar year 1985 is to assist qualified low-and middle-income familes and persons to obtain the benefits of homeownership through lower interest rates through the use of single family mortgage reve nu e bonds. The proceeds of the bonds are expected to be used to provid finanacing for the acquisition for both new and existing homes to be use d by the mortgagor as his or her sole place of resid nc It is not expected that any particular portion of the proc eds of the bonds will be targeted to any particular class or type of hou sing except as set forth below. The City has det ermin d that • I • • • • • • th e be s t me thod of determining th e n ee d and dem a nd for variou s type s of housing is to accept appli c ation s for mortgage loan s from perspe c tiv e mortgagors on a first-come fir s t-se rv e ba s is. Proceeds of the bonds will b e available to finance th e purchas e of re s id e nces of low-and middle-in c om e famil e s and persons as permitted by th e laws of th e Stat e . No partic ular portion of the proceeds of th e bonds will be targe ted spe c ifi c al ly to low-income, moderate-income or median income familes or per s on s . 1. The report must be published aft e r a public h e arin g following reasonable public notic e . Such public notice must b published at least 14 days in advan c e of the h e aring. Th e not ice of such hearing will b e published on April 17 and th e h e arin g will b e held on May 6, 1985. A copy of such notice and proof of its publication will be attached to this report. Copies of the proposed report will be available on or befor e the hearin g at th e office of the City Clerk. 2. The City has adopted the following parti c ular poli c ies and goals with respect to the use of bond proceeds within th e Cit y for th e calendar year 1985: A. The maximum income of all borrowers will be $37 ,920 with adjustments of $1,000 per dependent. Eligibility will be limited to borrowers with a minimum of one dependent in addition to the borrower (to be reviewed at the 8th month of the program and deleted if found to be restrictive). B. Englewood Housing Authority own e d housing units under the Acquisition, Relocation, Rehabilitation Program will be an area of emphasis. Priority will be given for mortgages on these units. C. No additional assistance is anti c ipated at th is time to be provided by the City either in the form o f mort gag e subsidies or supplements to tbe bond program. D. The City will select qualified lende rs and allocate bond proceeds to particpating lend e rs in a mann e r that further s the objective s of this policy and is bo t h equitabl e or practical. · 3. Th e City did not i s sued mortgage revenu e bondsi no r wer e bonds i ssued on behalf of the City, in calendar year 984. 4. Atta c hed here to will be a summary of comments on t h e propo se d report r e ceived at th e public hearing. 5. In order to effect the policies and goals set forth in this r e port, th e City recognizes that it ma y par t i c ipate with on e or mor e oth e r gov rnme ntal unit s within th e Stat of Colorado and • I • • • • • • enter into such agreements as may be nec essary to accomplish such purposes. A copy of this report is to be submitted to the Commissioner of the Internal Revenue Service before the date such bonds are issued. The undersigned, as Mayor authorizes the issuance of this report as of the 15th day of April, 1985. • • • - • • • • • MESSENGER'S AFFIDAVIT Policy Statement of the City of Englewood Pursuant to Section 103A of the Internal Revenue Code On , 1985 at . m., I, personally delivered to the post office a certified-receipt requested letter addressed to the Commissioner of the Internal Revenue Service, Philadelphia, Pennsylvania 19255. By Title: • I • • • • • • SUMMARY OF COMMENTS ON THE PROPOSED REPORT RECEIVED AT THE PUBLIC HEARINGS No comments were offered at the public hearing h el d Monday, May 6, 1985. I . - ·- -~ ....... -------· 0 73rd year, 40th issue -1 section, 36 pages -25 cents -,, Irk..., \0 ~GOne at'(l ~ C!ihl" '"• bhMnot~~br l~C o.-•·-.;· ,_ Slolbc0ntrec10fl '' an~ l•r-t> .. ; tc , lnduct·ng !'-1...,. Ol l.na,. •'"' ~ 1"" M)f'll ~tr .a.o fO brt dare s ·ea ~·• "'-a~..____ ot ,.._ .-, .r end Wf •l)ald Qrl ecco...,..t 01 .....,. • ··- ...... et\e w,.., anc s.,., •. "Y" "" • HllrteQIIf" Pla.r:a..,.., '60C E.u t ':. "'*' s,y,.. 110 ~ c"-.,,,, etOte.to.atn."Me a ~:a...,, .,~.,.,_..J.._,.Oo",....;;..· ... tilll"'-'tto .. -....:1'1 .... ,....., ............. C'-" pnor '0 ~...eft f'lr.a. .. -.. ,... ,._ ..., .......,,. ...... 1 1'1(' So.e · •• O.tnct. ... ao.o of o '«tOt a "'"' ...,..ancl.,...~ Olano r·~ .. , etl~larklle n c*''90! 8 'f Ofii.D£11 ()I' '~'oi£ lllC A 0 ' Ota tc •" .. HAV,... WATER A11t0 s,.....,. 1 "'' :>ts· .. err l aiC*. t or ....... • r ( • ORDINAOCE NO.d 6 SERIES OF 1985 • • • BY A!JrHORITY /0 c COUNCIL BILL NO. 25 INTRODOCID BY COUNCIL MEMBER HIG:>AY AN ORDINAOCE REZONING A PARCEL <F LAND LOCATED AT 3511 SOUTH IXMNING STREET IN THE CITY OF ENGLa-1000, COONTY <F ARAPAHOE, STATE OF COLORAOO, FRa1 R-2, MEDIUM-DENSITY RESIDEOCE DISTRICT, TO B-2, BaH NESS DISTRICT. WHEREAS, on February 8, 1985, James L. and Carol J. Plummer filed an application to rezone property located at 3511 South Downing Street which is directly across South Downing Street fran their restaurant, known as Fratelli's Restaurant, fran R-2, Medium-Density District, to B-2, Business District, for off-street parking for restaurant patrons; and WHEREAS, on March 19, 1985, the City Planning and Zoning Commission held a public hearing on said application filed by Mr. and Mrs. Plummer; and WHEREAS, the subject site was a part of Annexation Ordinance 12 of 1946 and the present R-2, Medium-Dens ity Residence, zoning was imposed in 1963, which zoning does not allow off-street parking as a permitted principal use; and WHEREAS, the property located at 3511 South Downing Street is legally described as 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 Downing Street ad jacent to said Lots 44, 45 and 46 in the City of Englewood, County of Arapahoe, State of Colorado, and is withi n the area between East Hanpclen Avenue and u.s. 285, between South Logan Street and South Lafayette Street, identified by the COmprehensive Plan as a commerc ial corridor for mixed-use developmen t ; and WHEREAS, the B-2, Business District , were it imposed on Lots 44, 45 and 46, Block 1, Higgins South Broadway Heights SUbdivision , would be an extension of that same zoning imposed on the property abutting to the north; and WHEREAS, at the pub lic hearing held on March 19, 1985 by the City Planning and Zoning Comm ission on the Plummers' application , three businessmen in the vicinity testified in support of the rezoning and stated that additional parking wou ld relieve an existing hazardous situation of restaurant custaners crossing East Hampden in mid-block to get to the restaurant and would allow 1 • I • - ( • • • • additional off-street park i ng in their own lots now being taken away by restaurant custaners; 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 WHEREAS, the City Planning and Zoning Cannission has recamlended that the application of Mr. and Mrs. Plt.mner for rezoning of the subject property fran R-2, Medium-Density Residential District, to B-2, Business District, be approved. t«M, 'l'HEREFORE, BE IT ORDIHNED BY THE CITY CXXJlCIL CF THE CITY OF EN;LEWOJD, COLORAOO, AS F'Ol..LCMS: Section 1. The following described property shall be rezoned fran R-2, Medium-Density Residence District, to B-2, Business District: Lots 44, 45 and 46, Block 1, Higgins South Broad~oay Heights Subdivision, including ~ ~st half of the alley and the west half of South Downlhg Street adjacent to said Lots 44, 45 and 46, in the City of Ehglewood, County of Arapahoe, State of Colorado. Section 2. The Official Zoning Map of the City of Ehglewood, Colorado, hereby is cwnended accordingly. Section 3. Public Heariryg. Pursuant to Section 22.3 of the Comprehensive Zoning Ordmance, City Council directs that a public hearing be held before it on May 6, 1985 at 7:30 p.m. with regard to zoning said parcels of land according to the above 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. Read by title and passed on final reading on the 6th day of May, 1985. Published by title as Ordinance No. , Series of 1985, on the 6th day of May, 1985. --- Attest: Eugene L. Otis, Mayor ex off~cio C~ty Clerk-Treasu2er • l I I • • - r ( • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. ___ , Series of 1985. Gary R. Hlgbee 3 • I • • • • • - ORDINl\OCE NO. BY AUTHORITY SERIES OF 198:::-5--- A BILL FOR AN ORDINl\OCE VACATI~ CERTAIN RIGHTS CF WAY 00 WEST WARREN AVENUE AND 00 SOU'Il! P&l>S STREET IN 'mE CITY CF EN>L&JOOO, C00NTY OF ARAPAHOE, STATE OF COLORAOO, AND AerEPTI~ DEDICATIOO FOR CUL DE SAC 00 SOUTH SIDE OF WEST WARREN AVENUE. WHEREAS, Craig Dodson, General Partner of Dodson-Thanas Investments, owner of the property on wes t Warren Avenue arrl South Pecos Street, requested vacation of certain rights of way on said property; and WHEREAS, this request came before the City Planning and Zoning Commission on April 2, 1985; and WHEREAS, The streets proposed to be vacated for:m the ccmnon boundary of the City of Englewood and Arapahoe County with the City and County of Denver; and WHEREAS, Arapahoe County Coom i ss i oners approved the proposed vacation by Resolution No. 334-80; and WHEREAS, the City and County of Denver has vacated the abutting portion of South Pecos Street by Ordinance 78, Series of 1985, and is in the process of vacating the abutting portion of west Warren Avenue; and WHEREAS, no public purpose can be served by maintaining these rights of way, and the proposed vacations do not conflict with the Master Street Plan; and WHEREAS, the topographic character of the adjacent areas is such that access cannot be gained from the streets proposed to be vacated; and WHEREAS, an easement for utilities is to be maintained in the vacated portion of West Warren Avenue for future utility lines; and WHEREAS, the Englewood Planning and ZOning Coomission approved the vacation and dedication at their April 16, 1985 meeting; NOW, 'mEREFORE, BE IT OODAINED BY THE CITY COOOCIL OF THE CITY OF ENiLD-7000, COLORAOO, AS FOLI.CMS: 1 • I • • • - Section 1. That the following described rights of way on real property situate in the City of E))glewood, County of Arapahoe, and State of Colorado, are hereby vacated: SOuth Pecos Street: Vacating that part of SOuth Pecos Street located within the City of E))glewood between the centerline of West Warren Avenue and the North right of way line of West Baltic Place. Said parcel contains 8,897 square feet, more or less; West Warren Avenue: Vacating the land and reserving easements for underground utility lines, pipes, and structures, as presently existing or constructed in the future and such above surface devices as are necessary for the maintenance of said underground faciliti~s on the following described property: Catmencing at the Northwest corner of Block 79, Sheridan Heights Subdivision; thence Easterly along the North line of said Block 79 a distance of 231.08 feet to the TRUE POINT OF BEX>INNING; thence continuing Easterly along said North line to the Northeast corner of said Block 79; thence Northerly a distance of 30.00 feet to the centerline of West Warren Avenue and the Englewood City Limits; thence Westerly along said City Limit line to a point 30 feet North and 242.54 feet East of the aforementioned Northwest corner of Block 79; thence on a nontangent curve to the right, with a central angle of 4lo48'37" and a radius of 45.00 feet, an arc distance of 32.84 feet to the True Point of Beginning, County of Arapahoe, State of Colorado, said parcel containing 9,498 square feet, more or less. Section 2. City Council hereby accepts the dedication of the folloWing described real property from Dodson-Thomas Investments for cul d~ sac on south side of West Warren Avenue by quit claim deed: Carmencing at the Northwest corner of Block 79, Sheridan Heights subdivision, thence Easterly along the North line of said Block 79 a distance of 164.00 feet to the TRUE POINT OF BEX>INNING; thence on a nontangent curve to the left, whose chord bears Easterly along the North line of Lots 17 through 14 of said Block 79, with a central angle of 96o22'46" and a radius of 45.00 feet, an arc distance of 75.70 feet to a point on the North line of Lot 14; thence Westerly along the North lines of Lots 14 through 17 a distance of 67.08 feet to 2 ( I • • - • • • • the True Point of Beginning, Arapahoe County, Colorado, said parcel containing 697 square feet, more or less. Introduced, read in full, and passed on first reading on the 6th day of Hay, 1985. 1985. Published as a Bill for an Ordinance on the 8th day of Hay, Attest: Eiijene L. Ohs, Mayor ex officio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Fnglewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 6th day of Hay, 1985. Gary R. H1gbee 3 • I • ' " • • STAFF REPORT Page -1- STAFF REPORT RE: • • • RIGHT-OF-WAY VACATION Case 116-85 An application for the vacation of a portion of South Pecos Street and a portion of West Warren Avenue. NAME AND ADDRESS OF APPLICANT AND OWNER: Craig Dodson, Vice President M & T Cement Construction, Inc. 2250 South Raritan Street Englewood, Colorado 80110 ZONE DISTRICT: I-2, General Industrial LOCATION OF PROPOSED VACATION: The right-of-way proposed to be vacated forms the boundary with the City and County of Denver. The portions to be vacated are: 1) West Warren Avenue: The south 30 feet of right-of-way a distance of 390 feet west from the centerline of South Pecos Street. 2) South Pecos Street: The we st 30 feet of right-of-way a distance of 266 feet south from the south right-of-way line of West Warren Avenue. PROCEDURE TO BE FOLLOWED: The Planning Commission's recommendation will be referred to City Council for its action on the requested vacations. DESCRIPTION OF REQUEST: Craig Dodson, Vice President of M & T Cement Construction Co., Inc ., has requested that the proceedings to vacate portions of West Warren Avenue and South Pecos Street be reactivated . The vacation request originally was made by Timothy S. Basson, a former owner of the property now owned by M & T Cement Construction. This request was received in November, 1979. Before Mr. Basson instituted vacation proceedings on the Denver portions of Warren and Pecos, the property was sold to Bristlecone Investments, Inc., in early 1980. In April, 1980, Roger Frazier, Vice President of Bristlecone Investments , Inc., requested the vacation of the Denver portions of Warren and Pecos. Concurrently, the Arapahoe County Commissioners approved, by Resolution No. 334-80 , th e va cation of the Arapahoe County portions of Warren and Pecos which are in Englewood. No further action occurred on e ither the Denver or • I • • • STAFF REPORT Page -2- ,. • • • RIGHT-OF-WAY VACATION Case 116-85 Englewood vacation requests until M & T Cement Construction purchased the property in mid-1981. Further delays arose with changes in owner- ship of the property on the Denver side. Mr. Dodson is now desiring to develop the entire property, and has been working with Denver to expedite their vacation of Warren and Pecos. DESCRIPTION OF THE SUBJECT SITE AND SURROUNDING AREA: The property ad j oining the proposed vacation is all of Block 79, Sheridan Heights Subdivision. West Warren Avenue and South Pecos Street adjoining this block form the boundary between Arapahoe County and the City of Englewood and the City and County of Denver. The area to the south is zoned I-2, General Industrial and the area to the west is zoned I-1, Light Industrial. The area to the north and east, in the City of Denver, is developed with a mix of light industrial uses. COMMENTS FROM OTHER DEPARTMENTS: The request was referred to various City Departments; no objections to the requested vacation were received. Comments from the various de- partments are as follows: Department of Community Development -Building and Safety Division: Development which occurs on this parcel of land (Block 79) may be sub- ject to unusual access and fire protection requirements due to the closure of West Warren Avenue on the north and South Pecos Street on the east. The nature of any future development will determine the specific access and fire protection requirements for this area. Department of Engineering Services: No objection if utility ease- ments are maintained. Fire Department: No objection . Police Department: No objection. Departme nt of Public Work s: No ob j ection. Department of Public Works, Traffic Engineering Division: No objection. Utilities Department: The Utilities Department will agree to the proposed street vacation if a utility easement is granted in the vacated area of West Warren Avenue. RELATIONSHIP TO THE COMPREHENSIVE PLAN: The 1979 Ge n e ralize d Land Use Plan d es ignates this area as an in- dustrial area • • I • - - • • STAFF REPORT Page -3- • • • DEPARTMENT OF COMMUNITY DEVELOPMENT ANALYSIS: RIGHT-OF-WAY VACATION Case 116-85 This vacation request is being made by M & T Cement Construction Co., Inc. to maximize the use of their land and to help eliminate the dumping of trash on their property. Dumping has been a problem with this property historically, primarily because both West Warren Avenue and South Pecos Street are not paved. Also, this area is isolated from adjacent areas to the n orth and east by a substantial drop in elevation to the north and east. The City and County of Denver is also in the process of vacating West Warren Avenue, and has already vacated South Pecos Street. These vacations will allow the proposed M & T development to better utilize the site. There is no public purpose to retain the right-of-way because of the topography to the north and east. DEPARTMENT OF COMMUNITY DEVELOPMENT RECOMMENDATION: The Department of Community Development recommends that the proposed vacations be approved with the following conditions: 1) A utility easement be granted in the proposed vacated portion of West Warren Avenue. This easement must meet the require- ments of the Utilities Department. 2) Sufficient private property be dedicated for the construction of a cul-de-sac on West Warren Avenue. The cul-de-sac is to be located approximately 200 feet east of the intersection of West Warren Avenue and South Raritan Street and built to City specifics tions • • I • • J ---------!2. -• • • 0 ( ------·---=:::::=-:::.-_------___ -~ --- / --------.... 4_ w . WARREI'II Ave . --,-------,r-----r---,-----------;- ,_ ------· 'uo. )> r ~ I> ~ II t n ~ ~ " IS" jq 19 .J 0 zo ~ til ..J ('I • 2 Ill. -.) ~ 0 ~ .., ... .. • • \ ' ' \ -1,'·4· I I I I ~ ..... if';;:.,...~-- fo-1 ;' ,_ n ; ~ Ul It N . ~ .... ~ ~ w· .J • I '1 . I 2 1.~: 10 I I I I • ID l6 60' • (/) • • • Department of Community Development Planning Dlvlalon CASE NO . 6 ·85 STREET VACATION 22:21: I I I I I I I I I on I I !::! I I I I I 1 I 1 I 1 I 1 I SHfiRID/IN 'fTS.1 ~-L...L....J_ L ..L ...J _1_ .1 -~-..J-V.&. Voc BJ<l69P7 21 · ..... ::l_"T-~-r ::~-·-,-1-:r-r-12~ 26121'1281291301 31132 1331341351 I I I I I I I ~ I I 1 I I 1 I I I "' I : I I I !::! I I I I I I I I w. BALTI C ~00. Scale I" = 100' ~Proposed Denver Vacation l\\\\1 Proposed Englewood Vacation F.\;t,~;\';~:1 Area to be Dedicated 6: I I I I I I I 1 I I I 1 I 1 I I I 1 I : 00'4 I I I I @ III II III I I I I I I I I -...J-~-1-..J_J.._I _ _L_I_ -r;-.-r-:r-,-,-r-T-,- 31' 38i3914(.1 41142-431441451 I I I 1 1 I 1 1 I I I I I 1 1 1 I I I I I 1 1 I I 1 I I I 1 1 I I I 1 1 I I I 1 I I I I I I I I PL. 231221 21 1 ro119 1ts 1 ,,. I : I I I I ,14 13 I /2 1 II I I 01 I I 1 I I I I I 1 1 ~ I I .0321 'I I I I 1 I I II I I I I 1 I I 1 I I t I I -L .L..w~L-1 -...~.... I I I I .l. I 1 I 0.:6 I 1 I I II® Sti[Rit'A~ HT1S 7 I I I I -~.~ Mc:nrm- • I I I ~~ I • • - • • • • • February 26, 1985 Mr. Duncan Tenney lincoln Property Canpany Colorado. Inc. Sufte 1£10 1050 -17th Street Denver. Colorado 80265 Dear Mr. Tenney: 'J ,l I •'II ..tl 'I ! 1 •• 1 1 ,, .l t l I I hll ,l t • • ,., Lnl Ofl.Afl('f FU3 Z H 1985 The action requested fn your letter of Dec~ber 7, 1984, for the vacatfns of that part of South Pecos Street located within the City and County of Denver between West Warren Avenue and West Baltic Place, has been accanplfshed by Ordinance No. 78, Series of 1985, a copy of which is attached. If you have any further auestfons regarding this matter, please call or advise the writer at 575-3761. A map of the area fs attached hereto. AR:dt att. cc: Bruce 11rozek Dorothy Romans _,., Planning Director City of Englewood Hackworth \'ery truly yours. Aaron Rivera Rf ght-of-Way Engf neer • I • • .. • • • • "' BY AUTHORITY OllD1NAHC~ NO . 71 COUNCIL BILL N O I?. SERIES Of' llh~:'J COrr.tMJTTEE OF' REFl::k · l.:NC£; PUitLIC ¥. ORKS . A DILL F'OR AN OKOINANCE VACATINO A CERTAIN PART or THt: SYSTEM o• TIIOUOUGHt~ARES OF' THE MUNICIPALITY I.E . VACATING TIIAT PART Of' SOUTH PECOS STREET LOCATED WITHIN Ttl£ CITY AND COUNTY OF' DENVER BETWEEN WEST WARREN AVENUE AND WEST BALTIC PLACE . WHEREAS. Th~a1u of Publie ~:~::, 0~a!h~o~~:f .~~d d~~::'n~~·n:J thai the public u•f• fDnven•aace and nac.nuy oo ~ "''C' r•qu1u ~~::.~·n-~~:0.~!~."' or ~~o~~~=~~ !~::: ';.' •• ~~~tM"Juo~~!f•l~t~bJ:::••:; approval b)' ordinance. baa vacaMd tna aan1e wuhout raaarvatlooa. NO\l'. TU£R£F'OR£. BE IT ENACTED BY THE COUNCIL OF' THE CITY AND COUNTY OF DENVER. 6ectaoo 1. Tbat tha ac110n of lha Waaaaar ol Public Wora• •• •a&~atiDI ~~~b~~ ·~:,.-: .. ·.~ '"~::t ;~ ~:: c,~;·~:: Coutuy of Uaaver aad &tate of Colo· rado, \D ••t Tbat pan of Boutb ~.,. Bt,...t loca .. o WUIIID lb• Cn'' &ad Couaty of I.Jern•ar J,-&DI" MtwHn Ute aonb- erl\ hae of 'M.aat 'M.anan Aveoue aa~ tne aorUIIuh· hae of \A.-ea t Bal· uc: ,.,.c ........ o aas\ed)'. be aact I.De aame u oerea:v approved aad tae oeacratted poruoa or that cer· :~.:.•;-•' u v!:!~l. vaca'!~ua!-:.~ reaervauoa1 . ...... d .. ,. tb• Couac:tl F'abruar,o 11 . 111:1 CATHY RETNOLD5. Pre•••••• Approvea. PaD&IllCO P&NA . Ma•or. F'eb 13 . 111!1 . Al\.eat· P&LJClA lltJ'PTJC. Clerk a ad Ji.ecoraer, £a . Ofhcao Clerll of tile Cuy aad CouiUJ of Deaver f&eaO T.r aa•m•u•d to Cuy Clerll : 1 ·11·116 PubJull•d ID Tae DaiJ)• JouraaJ Feb I . JIU aad Feb at. 111~ 31'7 PREPAR£D BY · ll08KilT II. Kal.LY, Aee't Cit• A.Uorae y . i -J0-1!1 REVI&WI:.D BY PATRICIA WELU, C!ly Auo ... e )'. I •:I CJ·I fl • I • • • • • ~ --+[· .... < :: : '~j rrrr ~-rm rrr +!. "'rl"lt ....... ..... J .. i ....... -·;: .;;'1 ... -.--------. I :; ,' A I ~ T • , .. I i I . .,.' ~··· :l··.,.-. --.-1..!...:. ~u.:.:.. cri . . . . . . :+ . .. . 10 ' '" ,, 1/ ,, u II ~-# • , • I . [~ 1111 "~' Po ~I J1 4 JJ Jl '" Jl "• "II~ W. BALTIC PL . ffi-F ........ ~-+ . " ' I I • 'IJ II II I I 1->u• JT ·~·~·~· ,~. , .. "' UIJ .. i • ~ I , •: I 1-' l ... ~-, I ,I "' " J I '· • •1-, '~ 8•1-10:): ~--.:-J~- ~--.-1. r ~ 4· 1-----.. v ... ,. ,,,_ ~'$1 •• 'I ~ : IIi ~ '-----=---..:.::....---.~1 ... . ' ~ 1. ... .. i . :. ~ : ..... •' .. ~ 1 ,. I ,. t• : ,, ·. -··, ·, =: • . , r.· ~. j i ' A II -y :1 I ~/I I • • ( • • • • CITY PLANN ING AND ZONING COMMISSION CITY OF ENGLEWOOD, COLORADO IN THE MATTER OF CASE NUMBER 6-85, FINDINGS OF FACT, CONCLUSIONS, AND RECOMMENDATIONS RELATING TO THE REQUEST TO VACATE CERTAIN PO RTIONS OF PUBLIC RIGHT-OF-WAY WITHIN THE CITY PURSUANT TO §31-15-702 C.R.S . ) ) ) ) ) ) FILED BY: ) M & T CEMENT CONSTRUC TION, IN C. ) 2250 South Raritan Stree t ) Englewood, Colorado 80110 ) Craig Dodson, Vice President ) This matter cam e be f ore th e Ci ty Planning and Zoning Commis- sion on April 2, 1985 , upon th e reques t of Crai g Dodson, Vice President, M & T Cement Construction, In c ., owner of Block 79, Sheridan Heights Subdivision. The request is to v a cate porti ons of West Warren Avenue and South Pecos Street ad j acent to that land. Those members o f th e City Planning and Zoning Commission who were present: Messrs . Al l e n, Ba rbre , Beier, Carson, McBrayer, and Stoel. Absent were: Me ssr s. Gour din , Magn u son, and Venard. Mr. Dod s on wa s p r esent a nd g ave tes timony and evidence to the Planni ng Commis sion. Th e s t aff r ep ort and te s timony we re receive d by the Commission and i n c orpo rate d i nto the record of the meeting. After cons i der i ng the sta t eme nt of the witn ess and r eviewing the ne cessary doc um e nts, the memb e r s o f the City Pl anning and Zoni ng Comm i ss i on mak e t h e fo llowi ng Fi nd i n gs and Co nclusions: FINDINGS OF FACT 1. That the meeting was initiated by a request to vacate portions of West Warren Avenue and South Pecos Street adjacent to Block 79, Sheridan Heights Subdivision. follows: 2. That the rights-of-way proposed to be vaca t ed a r e as West Warren Avenue: The South 30 fee t o f r i ght-of-way a distance of 390 feet west f r om t he ce n ter line o f South Pecos Street. South Pecos Street: The west 30 feet of right-of-way a distance of 266 feet from the south right-of-way lin e of West Warren Avenue. 3. That the st reet proposed to be vacated form the common boundary of th City of Engl wood and Arapahoe County with the City and Countv of D~nv~r. • I • • • • • • -2- 4. That the Arapahoe County Commissioners approved the pro- posed vacation by Resolution No. 334-80. 5. That the City and County of Denver has vacated the abutting portion of South Pecos Street by Ordinance 78, Series of 1985, and is currently considering the abutting portion of West Warren Avenue. 6. That the topographic character of the area adjacent to the north and east of the proposed vacations is sufficiently steep to pre- clude gaining access from the right-of-way proposed to be vacated. 7. That no public purpose can be served by maintaining these rights-of-way. 8. That the proposed vacations do not conflict with the Master Street Plan. 9. That the Utilities Department requires an easement in the vacated portion of West Warren Avenue for future utility lines. CONCLUSIONS 1. That no public purpose is served by maintaini·ng the rights-of-way. 2. That the Arapahoe County Commissioners have approved the proposed vacations. 3. That the City and County of Denver has approved the vacation of a portion of South Pecos Street, and is considering the vacation of a portion of West Warren Avenue. 4. That the topographic character of the adjacent areas is such that access cannot be gained from the streets proposed to be vacated. 5. That an easement for utilities is to be maintained in the vacated portion of West Warren Avenue for future utility lines. RECOMMENDATION Therefore, it is the recommendation of the City Planning and Zoning Commission to the Englewood City Council that the vacation request be approved. Upon a vote of the Commission on a motion made by Mr. Carson and seconded by Mr. Stoel, the following members voted in favor of the vacation request: Messrs. Allen, Barbre, Beier, Carson, McBrayer and Stoel. Messrs. Gourdin, Magnuson and Venard was absent. This decision and these Findings of Fact and Conclusions are effective as of the meeting of the City Planning and Zoning Commission held on April 16, 1985 • I • • - • • -3- By Order of the City Planning & Zoning Commission • • I • • ( • • ( • • • • ...... I·· STATE Of COLORADO, Co uOITI' or ....... J\r.~P .al:tQ~ ......... .. AI ............ 11#..&.\ll.u: ........ -............. _ ...... Jnt<lil>& ollho n...rd ol Cwoty Commiooiooen lor ...... Ar apaho.e. .......................... Couoly, Colondo, held at tho Coun H._ io .. Lit.t.le.toD. •. Cc.lo.radll .......... .oo ........ 'Iue.s.da;y. ............. -... the ._ .... 2.2n4 .................. -- d>y ol ........... AP.r.il ............................. , A. D . I0.8 .Q, \hue were ,_..1: .. J9.lm ... J .. , ... W.l.c lloll.. ............. _ ..... _ ..... -........ , OWrman, .. CI:llld.u .A ... l'it.~.ll ........................................ , Commiooio...,, .. Th9.ll!l1.-... l!. ..... i;&&fi'.J;".1; .................................... , Comruiaoio...,, . LU>.Y ... V.~A...... .. .................... , County AttorH)', . Jo!,a.;tJC>.J:.;.e. .:P.~&e. ..... Al>.S..: . ~ .. ~-x~.: ............. , Oerk, .Y.P~~~ ... ~'?.'?..L .............. __ ................................. , Deputy, ~o·l o en tho lollowio& proc:eedinp, &mOD& othon, wen bod aocl clout, 1<>-wil : Resolution No. 334-80 It was moved by Commissioner Pitts and duly seconded by Commissioner Eggert to adopt the following Resolution: WHEREAS, by correspondence to the Board of County Commissioner& dated April 7, 1980 , the City of Englewood, Colorado, has requested that the Board consider vacation of that portion of the right-of-way for West Warren Avenue and South Pecos Street which adjoins Block 79, Sheridan Heights Subdivision, Arapahoe County, Colorado; and, WHEREAS, this proposed vacation is a boundary between a City, and a City and County; and, WHEREAS, pursuant tlt toloraqp ~viii. Statutes Title 43, Article 2, the Board of County Commissioners must concur with any such vaca- tion; and, WHEREAS, the Arapahoe County Engineering Department has reviewed t his m3tter and recommends the Board approve said vacation; and, WHEREAS, the Board of County Commissioners has no reason not to concur with the r ecomme ndations of the County Engineer since unincor- porated Arapahoe County will not be effected by said vacation . NOW, THEREFORE, BE IT RESOLVED, by the Board of County Com- missioners of Arapahoe County that the Board hereby concurs with the propo sed vacation of that portion of the right-of-way for West Warren Av enu e and South Pe cos Street which adjoins Block 79, Sheridan Heights, Arapahoe County , Colorado , as shown and described in a lette to the Board of Coun ty Commissioners dated April 7 , 1980, from the City o f Englewood . Upon roll call the vote was : Commi ssioner Nicholl, Yes; Comm issioner Pitts, Yes ; Commissioner Eggert, Yes . The Chairman declared the motion carried and so ordered . 1, ... Marjorie Page STAT E OF COLORADO, CoLSTT or _. Arapah~:~e .. l:wo\)' Cluk .r.J U.o(Jffiao Cl.:lk ol the B~rd of County ComnuWt~oDcrl ID •1 1d for Lhe County aod Sw.re t.luru..od, do b.:reby co:nily U...t tho lollJ>Uod r.nd lorc11oioi Order ill uuly copied !rom the R.cordo ol tho prO<..J;.•'' ol UO< lloou'd ol CoiWIY Cotwniooi ouen lot uid .... -... At:.iiP..llh9.!L. ............................. County, IN '1\"JTNESS \\"HEREOF, I have h«euo\0 .. 1 Ul)" band ood alli:<td the..! ol uid Couoty, oL ........ Lit.t le.tP.n ..... C.O.l9r.llo!;\Q ............................... tbill IDr d. ................. cloy or ...... AP.•U .................... ,A. D. I D.~ .. , . ._ .. : I • - ( • April 7, 1980 ~r. John Nicholl, Chnirmon Arapahoe County Commissioners 5334 Soutb Prince Street Littleton, Colorado 80166 Denr 1:r. Nicholl: • • • The cities of Englewood and Denver have had a request to v11cate the portion of the right-of-way for West \':arren Avenue and South Pecos Street which adjoin~ Block 79, Sheridan Heights Subdivision, Arapahoe County, Colorado. This right- of-way is on the bound~ry between the two cities and, there- tore, a vacntion would need opproval of the Arapahoe County Collllllissioners. You m.:1y recall thnt the orir,innl Scenic View School was lo-- cnted in this block and since the new elementary school was constructed at South z uui Street aud ~est Baker Avenue, the old school buildings have been used for industrilll purposes. A firm is now interested in developing the entire block and is of the opinion that a better desicn will be possible if the right-ot·-way is vacated. The Englewood ~nster Street Plan does not project the ppening of either West Warren Avenue to the east of south Raritan Street or of South Pecos Street, becnusc of barriers to the north and east. This matter will be considered by the City Plnnnin~ nod z oning Commission at its meeting on MRy G, 1980. It would be very auch apprecinted if tile Arapahoe County Commissioners could consider the 111ntter and notify the Planning Division of its findings by April 22nd, in order thnt they con be included in the staff report to the Planning Comnission. very truly yours, D. ANDREWS ROl!ANS .Assistnnt Director -Planning Co.munity Development • I • - ( ( • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION April 2, 1985 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order at 7:05 P. M. by Vice Chairman McBrayer in Mr. Venard's absence. Members present: Allen , Barbre, Beier, Carson, McBrayer, Stoel Vargas, Ex-officio Members absent: Gourdin, Magnuson, Venard Also present: Dorothy A. Romans, Assistant Director of Community Development Susan T. King, Senior Planner Harold J. Stitt, Planner II Jack Olsen, City Attorney II. APPROVAL OF MINUTES. March 19, 1985 Chairman McBrayer stated that the Minutes of March 19, 1985 were to be considered for approval. Carson moved: Stoel seconded: The Minutes of March 19, 1985 be approved as written. AYES: Allen, Carson, McBrayer, Stoel NAYS: None ABSTAIN: Barbre, Beier ABSENT: Gourdin, lagnuson, Venard III. FINDINGS OF FACT. Plummer Rezoning Request Case 115-85 Chairman McBrayer stated that the Findings of Fact on Case #5-85, the Plummer Rezoning Request, were to be consi dered. Carson moved: Stoel seconded: That the Findings of Fact for Case #5-85 be approved as written. AYES: Allen, Beier, Carson, McBrayer, Stoel NAYS: None ABSTAIN: Barbre ABSENT: Gourdin, Magnuson, Venard IV. RIGHT-OF-WAY VACATION West l~arren Avenue/South Pecos Street CASE 116-85 The Chairman asked for the consideration of the vacation request, and asked if the staff had anything to add to the Staff Re port. Mrs. Rom a ns said that Harold Stitt hnd some sl:ldes to s h ow of the subjec t prope rty, • I • • ( • • • -'1.- wldch Js zonlo'd 1-2, Hc-avy lndustrlnl, and which is on the dividing linc- bc-twecn Englewood and n enver. Thl' slide s which were shown hy Mr. Stitt ,;howt·d that there is a drop of about 25 feet from the right-of-way on thc-Englewoo d side and the right-of-way on the Denver side, and confirmed that a street with two lanes could not be developed. Mr. Stitt also showed a slide of the curb and gutter which Mr. Dodson has put on the north and south si des of West Baltic Place. Mrs. Romans said that it is physically impossible on the north and east sides of Mr. Dodson's property to utilize the right-of-way since the thirty feet in Denver is on a slope or merely air space. Because right- of-way comes from the adjoining ground, if there is no public purpose for that right-of-way, the land should be returned to the ground from which it was given. Denver has vacated its section of the adjoining right-of-way, and the staff supports the vacating of the Englewood part, so that the owner can utilize the land. Mr. McBrayer asked what use the vacation property will have. Mrs. Romans said the applicant would answer that in his remarks. Mr. Allen asked how access would be attained for the buildings on the Englewood side. Mrs. Romans said that the access to those buildings will be from Baltic. Mr. Dodson owns the entire block, with Raritan on the west and Baltic on the south. The west end of Warren will supply access down to a cul-de-sac. Mr. Carson asked if Denver had vacated their section. Mrs. Romans said that Denver has vacated the right-of-way on Pecos, and the Warren section has been referred to Denver's Council and City Attorney. Mr. Allen asked if there were any utility lines in this section. Mrs. Romans said that an easement would be retained for utilities. Mr. Craig Dodson, the applicant and owner, showed plans with access from Baltic and agreed to the easement. He stated that he wants the right to fence off the area to prevent dumping and to prevent the area from being a hangout for gangs. He said the area would be graded, and would be pro- vided with curb and gutter. He said that it would blend in with the rest of the property and would be used for parking and storage. The hill will be seeded by the people to the north. He said that they would fence up to the cul-de-sac to prevent dumping. He said they would cooperate with Denver and the City of Englewood Engineering Department. He said he had read the Staff Report and agreed with the conditions. Carson moved: Stoel seconded: That the right-of-way be va cated in the areas described below: 1) West Warren Avenue: The south 30 feet of right-of- way a distance of 390 feet west from the centerline of South Pecos Street. 2) South Pecos Street: The west 30 feet of right-of-way a distance of 266 feet south from the south right-of- way line of West Warren Avenue. This vacation is granted with the following conditions: 1) A utility easement be granted in the proposed vacated p or tion of WI.'Rt Warren Avenu e. Thi s easement must met•t th p n·qllfrc-mt•nts of the• Utlli ti i.'R Pepartmrnt • • ( I • • ( ( • • • • -)- 2) Sufficient private proprrt y be dedic a t e d for the cons truction of a cul-de-sa c on West Warren Avenue. The cul-de-sac is to be located approximately 200 feet east of the intersection of West Warren Avenue and South Raritan Street and built to City specifica- tions by the property owner. AYES: Allen, Barbre, Beier , Carson, McBrayer, Stoel NAYS: None ABSENT: Gourdin, Magnuson, Venard The motion was carried. V. WORK PROGRAM AND GOALS. Mr. McBrayer suggested that the Work Program and Goals be tabled until Mr. Venard, the Chairman, is present. The Commission agreed. VI. PUBLIC FORUM. There was no one in the audience who wished to address the Commission. VII. DIRECTOR'S CHOICE. Mr. Vargas stated that Councilman Higday requested that the Department of Community Development look into a proliferation of used car lots, and asked that some parameters be considered to control these car lots. Mrs. Romans suggested two methods: making car lots conditional uses requiring a public hearing, or providing for minimum lot standards. City Council asked that staff forward that recommendation to the Commis- sion for its input. Since the Council is going to be considering the Comprehensive Zoning Ordinance on April 22, they would like the Planning Commission to consider adding this to the Ordinance, and forwarding its recommendation to the Council before April 22, 1985. Mr. McBrayer suggested that the Commission could consider the matter on April 16, and asked that the memorandum be sent out in the packet for that meeting. VIII. COMMISSION'S CHOICE. Mr. Beier asked Mr. Vargas if the Council had made any comments on the Comprehensive Zoning Ordinance. Mr. Vargas said that the matter has been and will be discussed at study sessions and will be addressed on April 22 at a Public Hearing. Mrs. Romans called the Commission's attention to the packet on the Aurora Satellite Dish Ordinance. The meeting adjourned at 7:35p.m . • I • • - ( • • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION 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. H. Members present: Magnuson, McBrayer, Stoel, Venard, Ca r s on Members absent: Allen, Barbre, Beier Also present: D. A. Romans, Assistant Director of Community Development Susan T. King, Senior Planner Harold J. Stitt, Planner II II. APPROVAL OF MINUTES. March 5, 1985 Chairman Venard stated tH i the Minutes df MMtch 5, 1985 were to be considered for approval. Magnuson moved: Stoel seconded: The Minutes of March 5, 1985 be approved as written. AYES: Stoel, Venard, Magnuson NAYS: None ABSTAIN: McBrayer, Carson ABSENT: Allen, Barbre, Beier Chairman Venard ruled that the Minutes stand approved. III. PLUMMER REZONING REQUEST R-2, Medium Density Residence to B-2, Business Carson mo ved: CASE #5-85 Stoel seconded: The Public Hearing on Case #5-85 be opened. AYES: Stoel, Venard, Carson, Magnuson, McBrayer NAYS: None ABSTAIN: None ABSENT: Allen, Barbre, Beier The motion carried. Mr. Venard stated that he does have in hand a copy of the publi c notice published in the official City newspaper, and the Certification of Posting submitted by th e applicant. He asked that these items be made part of the record of this Hearing . Mr. Venard stated that a sign-in sheet has been circulated through the audience for people to sign who wish to address the Commission on the matter of the rezoning request. Hr. Venard s tated that he would be ca lling on those people to come forward, stat their name, and be sworn in; testimony should be directed to the Commission regarding the issue of th• rezoning . • I • • - . . <f. • • • • -5- she will ask the Code Enforcement Officer to check it out. Mrs. Romans pointed out that the staff has had inquires about commercial zoning fur- ther south on South Downing Street, but there has not been a follow-up on these inquiries. Hr. Stoel stated that there is a mixed zoning on South Marion Street. Mrs. Romans referred to the official zoning map, pointing out the B-2 strip zoning, and the R-2 zoning for the remaining depth of the block. Discussion ensued. Carson moved: McBrayer seconded: The Public Hearing on Case 15-85 be closed. AYES: Venard, Carson, Magnuson, McBrayer, Stoel NAYS: None ABSENT: Allen, Barbre, Beier ABSTAIN: None The motion carried. Hr. Venard asked the pleasure of the Commission. McBrayer moved: Carson seconded: The Planning Commission refer the rezoning request filed by Hr. James Plummer for 3511 South Downing Street to City Council with a favorable recommenda- tion. AYES: Carson, McBrayer, Stoel, Venard NAYS: Magnuson ABSENT: Allen, Barbre, Beier ABSTAIN: None The motion carried. Hr. Ve nard thanked members of the audience for their attendance and participation in the Public Hearing. Hr. Plummer was informed that the recommendation of the Planning Com- mission will be submitted to the City Council, and another Public Hearing will be held by the Council at a date to be determined. IV. RIGHT-OF-WAY VACATION South Pecos Street West Warren Avenue CASE #6-85 Hr. Venard asked if the applicant for the right-of-way vacation was present. Mrs. Romans stated that she had talked to Hr. Dodson earlier in the week, and he had stated at that time that he would be attending the Commission meeting. Mrs. Romans stated that Hr. Dod s on has worked verv closely with the City staff. and has been tryin~ to ~et the vacation requ st before the Commission and coun cil for a numb e r of years. She requested permission for the staff to proceed and make the presentation on behalf of Hr. Dodson in his absence. Hr. McBrayer that the Commission should proceed with- • I • • ·' ( • • • - -6- out the presence of the applican t . Mr. Stoel asked why it has taken so long to get the vacation before the Commission. Mrs. Romans stated that the centerline of the right- of-way for South Pecos Street and West Warren Avenue is the boundary between the City and County of Denver and Arapahoe County. The position has been taken that inasmuch as one-half of the right-of-way is in an- other governmental jurisdiction, the right-of-way should be vacated by both entities at the same time, if possible. Mrs. Romans stated that" the Englewood staff has met with representatives of Denver; in Denver it is the policy that a "fee" must be paid to get something before the City Council. The ownership of the property has changed several times since the initial request for vacation of the right-of-way was made, and until this time a property owner has not followed through on the request. Mrs. Romans pointed out that the right-of-way being considered in this case all came from this subject property, and does not serve any public purpose. Mrs. Romans stated that Denver has now vacated the right-of-way on South Pecos Street. Mr. Dodson has paid the fee to Denver on behalf of the property owners to the north of West Warren Avenue, and the applicatio* ~· been filed •n Denver. Mrs. Romans stated that Mr . Dodson has been given permission to put a fence across the street to try to keep people from dumping trash on the site ; this has been a big problem on this property for a number of years. She stated that the right-of-way cannot be utilized, so it serves no public purpose, and in her opinion, should be vacated. Mr. McBrayer stated that he appreciates the t ime and ef f ort the staff has put into thi s r e que st, but he doe s fee l t he applicant was advised of the date and time o f t he me eting at wh ich h is reque st would be con- s i dered, and that he felt the s taff s hould no t b e responsible for mak i ng the presentat i on for the a pplicant . Mr. Mc Br ayer stated that he f elt the Commission should hear both s ides of the ~ss ue. Carson mov e d: Magnu s on s econded : The vacat i on of righ t -of-way f or South Peco s Str eet and We st Wa rren Avenue be tab l ed until the nex t meeting. Mrs. Romans stated that she would notify Mr. Dodson of the Commission's action, and notify him of the date and time of the next meeting. The vote was called: AYES: Carson, Magnuson, McBrayer, Stoel, Venard NAYS: None ABSTAIN: None ABSENT: Barbre, Beier, Allen The motion carried. V. PUBLIC FORUM. There was no one in the audience who wished to address the Commission at this time • • • I • • • • • .. • ll~rded at. ........................ _____ o'cloc.k. ........ ,_JI,, ···-···············-······--···· .. ······ ···-······················ ,.;;---RecepUon No-.............. _....................... . .................... -................ ::;···=~==··=:···=:···::; .. Ree=:=o=r='d•=•·= l Tms D&lm, lfado w. UJ or It 8 S. -... DODSON-THOMAS INVESTMEtiTS, a General Partnership, .r 1M couatr .r Arapahoe DDdlllalo or Colorado, or tho flrot ,.n, ODd CITY OF ENGLEWOOD, COLORADO a municipal corporation, -o_....,. ud ulotlaa' oador DDd .., ririuo or u.. 1a .. or doe 11o1o t1 COlorado , .r 1M--= -··~l WITNE88ETII, T1W tho oold-y of U.. ftn&-for ODd Ia ......... doe of U..-.r TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION ---------~. loU..oold-y ofdoeftrotpanlolooa4poldllrdoeoold-tiU..--u.. .......... ....., Ia ....... ..., .... ODd ocknowloqod, loos ...-, ro1-. ..W, -•"'*' ud QUIT CL.Uiflm, DDd .., ~,_ .. does nalao, -· ..U, eoaftJ .... QUIT CLAllf aalo tho .W-of tho-,.n, Ita -DDd ....... '-• all riPt, tiU., IDIDNM, dabo u4-wiUcb doe ..W..,. y t1 Ulo ftn&-1oo s 1a DDd toiM ron-too.- .. _ ..... DDd ..... .. .... Coaotr or Arapahoe --fl~lowtt: Commencing at the Northwest corner of Block 79, Sheridan Height s Subdivision, thence Easterly along the North line of said Block 79 a distance of 164.00 feet to the True Point of Beginning; thence on a nontangent curve to the left, whose chord bears Easterly along the North line of Lots 17 through 14 of said Block 79, with a centrtr angle of 96°22'46" and a radius of 45 .00 feet, an arc distance of 75.70 feet to a poinJ ~~~he North lin~ of Lot 14; thence Westerly along the North line 8 Lots 14 througk 1 a d istance of 67 .08 fee to the True Point of Beginning. Said parcel contains 697 square feet , more or less. TO 114V. AND TO BOLD doe--wt• oil u4 ....... tho·--0114 pr1.uo.-.......... ~ w lo .. Jwioo thoroalo op~, DDd all Ulo ootalo, ript, Utlo, loloroot DDd dabo wbo-. of tho •W. J1Z1 y ot tiM nnt part, •lUter Ia law or eqaiQ. to t.IM ..Jr p,..,.r '*• a....tft ..,. behoof of \he ..W ,....,. " .. ,-port, ............ DDd ...._ ,.....,., rN WITNIIII8 WB-r. Tbo oold port y t1 tloo ftrot7 ho S ho,....to oot ... _. \be dar DDd .-r ftnt .-wrlttaa. ~!?-~.~i. 8'-'otd, S.olod ond Dollmod In tho~. of ~9.f"~~-·-· ·---[SEAL] -.. ----.. -· .... --.. --.... ---·-.... ·--·---.. ·--·--.. _ y -... r~~ · .. , Generli:"l?a1~1r ,I ·-· ---· .. z·~· .. -........ _ ... _ .. _ .. _ .... _ .. ·--......... _ -[SI:AL] --.. -.... ---·--·-·-·----.. -··-·-·---[SI:AL) 1 81'ATI: OF COLOilADO, c...tr " Arapahoe Tbo f-"'c --· ........... lodood w ... -w. .... ., '' 8 ~..,.. Craig H. Dodaon, General Partner of Dodson-Thomas Investments'. ~~.-......... ,, ... /----r . "rr. ,,_ •• baed .. .rtldol.-1. I -:p.--pr-£--~----"*-1' 3400 S. Elati Street I Englewood, CO 80110 ----' ... • I • - ·~ ( C 0 U N C I L DATE April 29, 1985 • • • C 0 M M U N I C A T I 0 N AGENDA ITEM /Ia_ SUBJECT Vacation of a portion of West Warren Avenue and South Pe c os Street Right n f-W,.v . INITIATED BY City Planning a nd Zoning Commission . ACTION PROPOSED Approve an Ordinance vacating right-of-way fo r a portion of West Warren Avenue and South Pecos Street adjoining Bloc k 79, Sheridan Heights Subdivision , Araoahoe Co untY Colorado. INTRODUCTION AND BACKGROUND: Craig Dodson, the Vice President of M & T Cement Cons truction Co mpan y , Inc., is the owner of land described as Block 79, Sheridan Heights Subdivision, which is bounded o n the nort by West Warren Avenue, on the east by South Pecos Street, on the south by West Baltic Ave nue and on the west by South Raritan Street . Mr . Dodson 's busi ness is located i n the buildings on the west end of th e block, which buildings we re the o ri ginal location of the Scenic View School, and four new warehouse/office buildings are being con structed ~y Mr. Dodson on the east end of the block. The new buildings will have access off of West Baltic Avenue. The centerline of both West Warre n Avenue and South Baltic Street adjoining Block 79 is the boundary between the cities of Englewood and Denver , and between Arapahoe County a nd Denver Cou n ty. The south 30 feet of the right-of-way for l~est 14a rren Avenue and the west 30 feet of the right-of-way for South Pecos Street were dedicated with th e plat t i ng of Block 79 and carne from that property . The rest of the right-of-way, the north 30 feet of West Warren Av e nue a nd the east 30 feet of South Pecos Street, is in Denver. The City of Denver has vacated their portion of South Pecos Street between Warren and Baltic by Ordinance No. 78, Series of 1985, and is in the process of vacating the right-of-way for West Warren Avenue that parallels the right-of-way being considered in this application. The vacation of this right-of-way was first initiated in 1979 by Timothy S. Basson, who owned the property now owned by Mr. Dodson. Before the vacation request was finalized, Mr. Basson sold the property to Roger Frazier in 1980. Mr. Frazier started the vacation action in Denver, and renewed the request in Englewood , but had no firm plans for develop rnent and the request was not pursued . Howev er , the matter was referred to the Arapahoe County Commissioners because the centerline of the right-of-way formed the boundary be- tween Arapahoe and Denver Counties, and the Arapahoe County Commissio ners approved the vacation of the right-of-way in Arapahoe County by Resolution No. 334-80 . • No further action occurred in relation to the vacation until Mr. Dodson purchased the land in 1981, at which time he reques ted the vacation of th e right-of-way . Both Mr. Dodson and the City of Englewood staff tried to coordinate the vacation of the right-of- way in Englewood with that in Denver, and it has been delayed because of several changes of ownership of the Denver land . This has now been resolved . • I • • ( • There is a 25-foot drop both Warren and Pecos. of-way can be utilized, of the right-of-way, it vacation will not be in • • • between the right-of-way i n Englewood and that in Denver on Because of the topography, t here is no practical way the right- and if the re is no public purpose to be served by th e retention should be returned to the land from which it was taken. The conflict with the Master Street Plan. Mr. Dodson has experienced a great deal of vandalism and tres passing on his property that will be elimin~ted with the vacation because his prope rty can then be prope rly secured. The vacation request has been refe rred to all agencies that could be affected by the vacation and ever yo ne has concurred with the vacation. A utility easement will be r e tained in the vacated portion of West Warren Ave nu e at the request of the Utilities Department . In separate action, Mr. Dodson will dedicate additional land for a cul-de-sac approxi- mately 200 feet east of So uth Raritan Street, and will ins tall the improvements for that cul-de-sac . This action will be coordinated betwee n the Ci t y of Denver and the City of Englewood . RECOMMENDATION: Finding that there is no publi c purpose for retaining the right-of-way for West Warren Avenue which adjoings Lots 1 through 15, i n clusive, on the north, and South Pecos Street adjoining the east side of Lots 1 and 46, all being i n Block 79, Sheridan Heights Subdivision, Arapahoe Co unt y , Colorado, it is recommended that the following described right-of -way be vacated: 1) West l~arren Avenue: The south 30 feet of right-of-way a dis tance of 390 feet we s t from the centerline of South Pecos Street . 2) South Pecos Street: The west 30 fee t of right-of-way a distance of 266 feet south f rom the south right-of-way line of West Warren Avenue . It is also recommended that a utility easement be retained in the vacated portion of West Warren Avenue. It is furt her recommended that sufficient private property be dedicated for the con- struction of a cul-de-sac on "est l~arren Avenue . The cul-de-sac is to be located ap- proximately 200 feet east of the intersection of West W~rren Avenue and South Raritan Street and built to City specifications by the property owner. The quit claim deed was received on May 1, 1985 and a copy is attached. Attachments: Staff report Findings County Commissioner's Resolution and Letter Minutes · • I • • • I of the county of Arapahoe and State of Colorado, of the first part, and CITY OF ENGLEWOOD, COLORADO II I I a municipal corporation, ..._... ... ., 1 orpnized and existin&' under and by virtue of the lawa of the State of II Colorado , of the aeeond part: I:' WITNESSETH, That the aaid part y of the first part, for and in consideration of the aum of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION ---------DO~. to t.he .aid part y of the first part in hand paid by the aaid party of t.he aec:ond part, the receipt whereof ia hereby con!eaaed and acknowled&'ed, has remiaed, releaaed, aold, conveyed and QUIT CLAIMED, ud by theae preaenta does remiae, releaae, aell, conYeJ 1111d QUIT CLAIM unto the aaid party of t.he second part, ita aucceaaon and aasi&'Da forever, all ri&'bt, tiUe , intereot, claim and demand which the aaid party of t.he fint part ba s in and to t.he followin&' deaeribed altuate, !yin&' and bein&' in the County of Arapahoe and State of Colorado, to wit : I Commencing at the Northwest corner of Block 79, Sheridan Height s !I Subdivision, thence Easterly along the North line of said Block 79 j a distance of 164.00 feet to the True Point of Beginning; thence I on a nontangent curve to the left, whose chord bears Easterly along ~ the North line of Lots 17 through 14 of said Block 79, with a centr ,l angle of 96°22'46" and a radius of 45.00 feet, an arc distance of 1 75.70 feet to a point on the North line of Lot 14; thence Westerly 1 along the North lines of Lots 14 through 17 a distance of 67.08 fee to the True Point of Beginning. Said parcel contains 697 square feet, more or less. I, d II I' ,, 'I TO DAVE AND TO BOLD the eame to~r•ther wlt.h alllllld alnaular the appurtenances and privilqee thereunto I belolll:l~ or In anywlae thereunto appertainin1:, and all the eatate, ri&'ht, t!Ue, intereet and claim wbataoenr, of the eaid part y of the firat part, eit.her in law or equity, to the only proper use, benefit aDd behoof of the eaid partJ II of the HCOnd part, ita sueeeaaora 1111d aaai&'DI forever . IN WITNESS WHEREOF, The eaid part y of the fint7 ha S and Hal t.he daJ and Je&r flrat aboye written . / hereunto oet band Si&'Ded, Sealed and Delivered in the Preaenee of .. ~·§!_l~·-:·~~~-n f!Y 5.s.-r-~ ..... ~~;······ ... [SEAL] ................ -............................................................................... ~-Y-'4~ · · ..... ~ ·G2ar .. P·ilffl~1r .................... 2 .~~--~ ............................................................. [SEALJ ..... ··········-······· ····································-····-············ .. ············· .................................................... _ ........................................... [SEAL] I' }u. ,, STATE OF COLORADO, Count1 of Arapahoe The forepin&' inatrument waa aeknowled~red before me thia day of I ttl 8 ~ b,• Craig H. Dodson, General Partner of Dodson-Thomas Investment~. My commlsaion explrea ~--7 , Ill /(i'. Witlleaa IDJ band and offlelal aeal . • ~/ot';r.~--=-j 3400 s. Elati Street 1/ Englewood, CO 80110 ·1 --_ .. ---~------ Jfe.IIJ. 4\111' CL.Uif D8D '1'0 COili'08.lTION. ·Bnultor4 l'ullllobi .. Co .• 1114 41 8""'t St ...... Dctov ... Colo....a.. -1·711 ,. • • I • • - • OROINAOCE NO.:~- SERIES OF 1985 • • - BY AlJI'HORITY A BILL FOR COUNCIL BILL NO. 30 Im"ROOOC,ID fl!Y C<X,JOC Izt • MEMBER~ AN ORDINAOCE AMEND I~ TITLE XI, OiAPI'ER 9, SFX:TIONS 9, 11, 12 AW <liAPI'ER 9.5, SFX:TION 3, OF 'mE EN:;l.~OOD MrniCIPAL COOE 1969, AS AMENDID, ItCREASI~ THE JURISDICTIONAL DOLLAR VALUE OF CERTAIN ORDINAOCES PERTAIN!~ TO THEFT AND BAD O!Ex::KS. WHEREAS, the City Council of the City of Englewood recognizes that 18-4-401(8) Colorado Revised Statutes has granted municipalities common power to prohibit theft where the value of the thing involved is less than three hundred dollars after July 1, 1985; and WHEREAS, the present ordinances of this City prohibit theft where the value of the thing involved is less that two hundred dollars ($200), whi~n ~unt should ~ increased; NOW THEREFORE, BE IT ORD!HNID BY THE CITY COUNCIL OF THE CITY OF ENGL~OOD, COLORADO: Section 1. That Title XI, Chapter 9, Section 9, Englewood Munic1pal Code '69, as amended, is hereby further amended to read as follows: 11-9-9: SHOPLIFTING It shall be unlawful for any person to wilfully obtain unpurchased goods, wares or merchandise owned or held by and offered or displayed for sale by any store or other mercantile establishment with an intent to avoid payment, which goods, wares or merchandise have a total value of less than ~ ~~ea ~la~e ~~ggTt THREE HUNDRED DOLLARS ($300). The fact of obtaining unpurchased goods with an intent to avoid payment may be shown by concealment of the goods on one's person or otherwise, whether on or off the pranises, or by some other conduct of a person which evidences such intent to avoid payment. , I • • • • • • Section 2. That Title XI, Chapter 9, Section 11, Englewood Municipal ~· 69, as emended, is hereby further emended to read as follows: 11-9-11: PETTY 'rnEFT It shall be unlawful for any person knowingly to obtain or exercise control over anything of the value of less than ~ R~R8Ee8 ~*aEe ~gg7 THREE HUNDRED DOLLARS ($300) of another without authorization or by threat or deception, or knowing said thing or such value to have been stolen, when the person who so obtained or exercises control over such thing of such value: (a) Intends to deprive such other person permanentl y of the use or benef it of such thing of value; or (b) Knowingly uses, conceals or abandons such thing of value as to deprive such other person permanently of the use or benefit of the same; or (c) Demands any consideration to which such person i s not legally entitled as a condition of restoring such thing of value to such other. Section 3. That Ti tle XI, Chapter 9, Section 12, Englewood Municipal Code '69, as emended, is hereby further emended to read as follows: 11-9-12 : PRICE SWI'IOUNG It shall be unlawful for any person to wilfully alter, remove or switch the indicated price of any unpurchased goods, wares or merchandise owned or held by and offered or displayed for sale by any store or other mercantile establishment , with the intent to defraud such store or mercantile establishment; provided, however, that this section shall not apply to goods , wares or merchandise of a value of l;we ~Eea ~*aEe f.il997 THREE HUNDRED DOLLARS ($300) or more. Section 4. That Title XI, Chapter 9.5, Section 3, Englewood Municipal Code 1 69, as amended, is hereby further emended to read as follows: 11-9.5-3 VIOLATION It is a violation of this Chapter punishable as provided in Englewood Municipal Code 1-1-20, for a person to issue or to pass a check for the payment of money less than Ewe RliA8Ee8 ~*us ~ilQQ7 'rnREE HUNDRED DOLLARS ($300), knowing that the issuer does not have sufficient funds in • ) I • • - ( • • • • • or on deposit with the drawee for the payment in full of the check or order as well as all other checks outstanding at the time of issuance. Introduced, read in full, and passed on first reading on the 6th day of May, 1985. Published as a Bill for an ordinance on the 8th day of May, 1985. Attest: Eugene L. Ot1s, Mayor ex off1c1o C1ty Clerk-Treasurer • I • • ( • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an ordinance, introduced, read in full, and passed on first reading on the 6th day of May, 1985. Gary R. Hlgbee • , I . • • • ( C 0 U N C I L C 0 M M U N I C A T I 0 N DAT E AGENDA I TEM SUBJE'CT April 22, 1985 //6 Ordinance Amendment /:7~ Ro bert R. Holmes, Chief o f .~~ ----INIT I ATED BY Poll.c~,......-....;,. ,/V ACT I ON PROPO SED That Title XI, Chapter 9, Sections 9, 11, 12, and 9.5-3 o f the Englewo od Municipal Co de 1969, as amended, be further amended as indi c ated on the attached draft. Introduction Effective July 1, 1985, "a municipality shall have concurren t power t o prohibit theft, by ordinance , where the value o f t he thing invo lved i s less than three hundred d o llars." (18 -4-401 (8), C.R.S. 1973, as ~ amended in 1984). Backs round Information Sections 9, 11, 12 and 9.5-3 of Title XI, Chapter 9, of the Englewoo d Municipal Code 1 969, as amende d , all proh ibit theft where the valu e of the thi ng involved is less than two hundred dollars . That figure should be raised to t hree hundred dollars to bring the ordinance into line with state statute. Financial De tails There is, of course, an undetermined number o f thefts which occur within the City of Englewood wherein the value of things involved lies between $200 and $300. With the enactment of the proposed amendment, such offenses would then come under the purview of the Englewood Municipal Court instead of the Arapahoe County Court. Logically , this could increase the case load of the municipal court to a minimal extent, estimated to be less than 1 %. The financial impact, either in terms of costs to the Englewood Municipal Court or in terms of revenues from fines, etc., would likewise be minimal. Lesal OJ2inion The proposed amendments were drafted by, and have the support of, the ~ Englewood City Attorney and his professional staff. I • I / I • • • - • • ,I \ ( Pros and Cons • ~~ • The enactment of the proposed amendments will bring the relevant Englewood Municipal Ordinances into line with Colorado State Statute. Opinions in this matter have been sought from city department heads and managerial staff. No objections to the proposals have been received. Conclusions and Recommendations Enactment of the proposed ordinance is appropriate and recommended. ,, SUGGESTED ACTION: MOVED BY SECOND YES NO ABSENT • I • • - • • • • ORDINAOCE NO. BY AUTHORITY SERIES OF 198:=5--- A BILL FOR COUNCIL BILL NO. 26 I~ COUNCIL Ha1BER ll AN ORDINAOCE AMmDING ORDINAOCE NO. 18, SERIES OF 1985, TO C0RREJ:T THE PERMIT AGREI!MENT BE'IWEEN THE CITY OF EN:;LEWOOD AN> 'mE CITY AN> COUNTY OF DENVER, ACTING BY AN> 'nfROUGH ITS BOMD OF WATER CCH1ISSIONERS, TO COOS'1'ROCT AN> MAINTAIN A WATER COODUIT 'lliROIX;H 'mE CITY OF fNGI.EliOOD. WHEREAS, on March 18, 1985, City Council passed on final reading ordinance No. 18, Series of 1985, with attached Permit Agreement allowing the City and County of Denver, acting by and through its Board of Water Oommissioners, to construct and maintain a water conduit through the City of Englewood; and WHEREAS, the Board of Water Oommissioners of the City and County of Denver requested that page 3, paragraph D, of the Permit Agreement be changed; I ~. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIIL OF 'mE CITY OF DIGLEWOOD, COLORADo, AS FOLLOWS: Section 1. '1he City Council hereby amends the Permit Agreement between the City of Englewood and the City and County of Denver, acting by and through its Board of Water Oommissioners, as follows: D. '1he City and County of Denver, 111M ACTING BY All> 'nfROUGH its Board of Water Oommissioners, successors and assigns, shall, at all times, save and keep harmless the City of Englewood and its City Council and other officers and Employees fran any and all damages that may in any manner arise fran the granting of this permit and the exercise of any rights granted hereunder; provided, however, that the Board, its successors and assigns, shall not be so held liable unless given full opportunity to defend any such claims. A copy of the amended Permit Agreement is attached hereto and incorporated herein by reference. 1 • I . • • • • • • Section 2. City Council hereby authorizes the Mayor and ex officio C1ty Clerk-Treasurer to sign and attest said amended Permit Agreement on behalf of the City of &'lglewood and City Council. Introduced, read in full, and passed on first reading on the 6th day of Hay, 1985. 1985. Published as a Bill for an Ordinance on the 8th day of Hay, Attest: Eugene L. Otls, Mayor ex officio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of l!hglewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 6th day of Hay, 1985. Gary R. Higbee 2 • [ I • • - l . • • • • PERMIT AGREEMENT nus AGREEMENT, entered into as of the day of 1985, between the CITY OF ~EWOOD, COLORADO, a municipal ____ _ corporation (hereinafter "City" or "Englewood"), and the CITY AND COIMI'Y OF DENVER, a municipal corporation of the State of Colorado (hereinafter "District"), for the use of its Board of Water Ccmnissioners (hereinafter the "Board") , WITNESSETH WHEREAS, the City and County of Denver, acting by and through its Board of Water Oommissioners, desires to construct, operate, and maintain a thirty-inch (30") water main, !mown as Corrluit Number 135, under and across certain roads, streets, and property in the City of Fnglewood, Colorado, described as follows, to wit: Beginning at a point 29.80 feet West and 27.17 feet North of the Southwest corner of Section 8, Township 5 South, Range 68 West of the 6th Prime Meridian, Arapahoe O>unty, Colorado; thence North 90o 00 1 00" East, 27 .17 feet North of and parallel with, the South line of the Southwest quarter of said Section 8, a distance of 134.80 feet to a point; thence South 45o 00 1 00" East a distance of 24.28 feet to a point; thence North 90o 00 1 00" East, 10.00 feet North of and parallel with, the South line of the Southwest quarter of said Section 8, a distance of 1577.83 feet to a point; thence South 45o 00 1 00" East, a distance of 14.14 feet, more or less, to the point of terminus on the South line of the Southwest quarter of said Section 8. AND WHEREAS, the City agrees to grant said right, permit and license under certain terms and conditions; lm, THEREFORE, the parties hereto covenant and agree as follows: A. All rights hereunder shall be exercised in such manner as to cause the least possible inconvenience to those entitled to make use of the streets or avenues involved , and the least possible obstruction to travel in and along said streets or avenues. To this end, the Board shall, wherever possible, always leave open at least one-half of roads, streets or avenues adjacent to or crossing the excavations and construction work of the Board and shall take all possible precautions to prevent accidents and InJuries in connection with any of its work along the avenues and streets • I • • '· • • • • hereinabove mentioned. In no event, during the process of construction and laying of said conduit, or the maintenance thereof, shall any public or ~ivate street, alley or right-of-way be obstructed to travel for a continuous period of more than four (4) days. During the construction and maintenance of said conduit, there shall at no time be stored or left on the surface of the streets, alleys or other rights-of-way of the City of Englewood any pipe, materials or equipnent used in construction and maintenance of said conduit for a period of more than two (2) weeks at any one location before putting to use. B. Should it becane necessary for the Board, during the excavation for or the installation or maintenance of the said conduit, to disconnect any house service lines fran any lines presently in place in said streets or avenues, the Board shall cause the same to be done in such a manner as to cause the least possible delay and inconvenience to the water users thereof, and the interruptions in water service to any property shall, in no case, exceed a period of six (6) hours. All disconnection and reconnection of any such water service lines shall be done in a good and workmanlike manner and all expenses incurred therein shall be the sole responsibility of the Board. C. All excavation and construction, installation and maintenance work which the Board shall undertake pursuant to this permit shall be subject to the inspection by a canpetent and qualified inspector who shall represent the City, and the Board agrees to canply with all reasonable re<pests thereof in the performance of said work. All such work shall be perfo:rrned so as not to interfere with or damage any utility lines owned by the City or private utilities existing within such street. After each excavation, the street shall be refilled~ the upper nine (9) inches of fill shall consist of asphaltic concrete surfacing, surfacing to apply where existing surfacing is disturbed. All of the aforesaid work shall be free fran settlement arising out of any excavation and performed within the limits of the trench excavation. There shall be properly designed concrete encasements required at each pipeline crossing of sanitary sewer lines and water lines so as to eliminate foreign pressure and stresses upon the Englewood sewer and water installations. The foregoing shall be subject to the approval of a representative of the Director of Public Wbrks of the City of Englewood, Colorado. Any consequential dCillage to side streets, the surface or installations thereon, approaching the 2 • ! I • • - • • • • • • various intersections with the right-of-way hereinabove granted because of pipe and material storage and heavy equi{XIIent movement or from other causes, shall be repaired or replaced in their original condition at the sole expense of the Board. D. The City and COunty of Denver, acting by and through its Board of Water COmmissioners, successors and assigns, shall, at all times, save and keep harmless the City of Englewood and its City Council and other officers and enployees from any and all damages that may in any manner arise from the granting of this permit and the exercise of any rights granted hereunder; provided, however, that the Board, its successors and assigns, shall not be so held liable unless given full opportunity to defend any such claims. E. Nothing herein shall be construed as granting to the Board any rights other than the permit herein expressly defined and set forth, nor shall anything in this agreement be construed as granting an exclusive privilege to the Board, it being understood that the right of Englewood to grant the use of its roads, streets, avenues, alleys and other public rights-of-way to others for public and private purposes is fully reserved to Englewood, consistent, however, with the full exercise of the rights granted by this permit. F. If the facilities installed hereunder are ever abandoned, the Board agrees to neutralize or renove the facilities at Board's own expense. G. It is expressly understood and agreed that the granting and acceptance of this permit is and shall be without prejudice to any rights or obligations of the City and COunty of Denver, its Board of Water COmmissioners, the City of Englewood, COlorado, or any inhabitants thereof. H. The conditions contained herein shall apply to the agents, contractors, sub-contractors, heirs, successors, assigns of any other entity having been granted "dominion" over the facilities by the Board. 'nle Board agrees that violation of this permit by any of the above mentioned shall give the City the right to void this permit and neutralize or renove any facilities permitted herein at the sole expense of the Board or its heirs, successors and/or assigns • 3 I • • 0_ ____ _ ~; n - • • • • • IN WITNESS WHEREOF, the parties have signed this agreenent as of the day and year first above written. ATI'EST: Gary R. Hlgbee, ex offic1o City Clerk-Treasurer APPROVID: Director of Engineering APPROV!D AS 'ro FORM: Legal Division CITY <F FB2EWOOO, C<LORADO CITY AN:> COUNl'Y OF DENVER, Acting by and 'nlrough Its Board of water COmmissioners lr.--------------~~~--er~ • I I • • • C 0 U N C I L DATE 4/15/85 • • • C 0 M M U N I C A T I 0 N AGENDA ITEM )/ c: Amendment to permit f o r wa ter SUBJECT line installation -City & County of Denver INITIATED BY Kells Waggoner. Directpr of Public Wprks ~ ACTION PROPOSED Approval of ordinance amending previous ordinance approving permit agreement for installation of water line in West Belleview Avenue BACKGROUND On March 4, 1985, a bill for an ordinance approving a permit agreement for the City & County of Denver was approved. It was subsequently finalized and published. • DISCUSSION • Denver , upon final review and acceptance , has found what they consider an error in terminology, i.e.: "The City and County of Denver, and its Board of Water Comnu.ssioners" should read: "The City and County of Denver, acting by and through its Board of Water Commi- sioners ... Denver is requesting that the permit be amended by ordinance. Other than the above, there are no changes to the permit agreement. RECOMMENDATION It is recommended that Council approve the amending ordinance. I • • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DAT E 5/2/85 IN IT IATED BY AGENDA ITEM !lcl SUBJECT Floyd Avenue Overlay 1 985 (Broadw ay t o Fox) pjre ctpr o f Epqjnee r inq Se r y j c e s ACT I ON PROPOSED Award of c o n tra c t BACKGROUND Over the past several weeks , we have received numerous complaints from the property owners adjacent to West Floyd Avenue of e x cessive vibration within their buildings suspected to be generated by heavy traffic on Floyd Avenue and the e x isting poor surfa ce conditio ns. An e valuation of West Floyd Avenue by personnel of the Engineer- ing Services Depa rtment and Street Division personne l concludes t hat this s t reet is, in fact , in poor condition, a situation tha t is continuing to worsen due to the extremely heavy traffic that the street is now required to carry with the existing construction in the downtown area. It is our opinion that the street is in need of immediate patching , crack pouring, and a two-inch asphaltic concrete overlay. The Floyd Avenue project is not read ily identifiable in the PIF but, rather, is proposed as an individual project within our annual overlay/sealcoat program (1985 Road & Bridge funding). In order to minimize the inconvenience to businesses in the area, it ~s proposed that this project will be accomplished on Sunday, May 12 (Sunday, May 19 if inclement weather prevents construction on the May 1 2 date). FINANCIAL In an effort to accomplish this construction prior to King Soopers ' scheduled open- ing of May 24, it was not possible to formally advertise this project as we normally do; however, we did solicit formal bids from contractors who have bid similar work in Englewood over the past several years and did, in fact, receive bids from seven (7) qualified contractors as shown on the attached bid tabulation sheet. The low bid was in the amount of $32 ,031 .00 by Western Paving Construction Co mpany. We anticipate c hange-ordering pavement markings into thi s contract in the amount of approximately $5 ,000 and we anticipate a construction contingency of $3 ,000, bring- ~ng the estimated total project cost to $40,031 .00 . There presently exists in the 1985 Road & Bridge account, $167,000, so adequate funding is available. RECOMMENDATION We would recommend that Council award the contract to the low bidder, Western Paving Construc tion Company, in the amount of $32 ,031.00 . We have dealt with Western Pav- ing several times in the past many years and feel that they are well-qual~fied to handle this project. • I • I • BID TABULATIO N S HEE T FLOYD AVENUE OVE RLAY 1 985 9400 SY Tack Coat 1050 To n s A.C. Unit Price Cost Unit Price Cost To tal Western Paving Construction Co. $0.09 $ 8 4 6 .00 $29 .70 $31,185.00 $3 2 ,0 31.00 Bituminous Roadways of Colo., Inc. o. 20 1 ,880 .00 28 .8 4 30,2 8 2 .00 3 2,162 .00 Brannan Sand & Gravel Company 0.20 1 ,880 .00 29 .90 31 ,395.0 0 3 3 ,2 75.00 RKS Industries, Inc. d/b/a Evans Paving Company 0.11 1 ,03 4.00 30.90 3 2 ,445.00 3 3 ,4 79 .00 Kiewit Western Company 0.11 1 ,034 .00 33.00 34,6 5 0.00 35 ,6 84 .00 Siegrist Construction Company 0.10 940 .00 33.33 3 4,996 .50 35 ,936.50 Co lorado S eal & Stripe 0.19 1,786 .00 35.80 37,590 .00 39 ,376.00 • ENGINEER'S ESTIMATE 36 ,500 .00 •• • • • • • • - • • 0 BID TABULATION SHEET FLOYD AVENUE OVERLAY 1985 9400 SY Tack Coat 1050 Tons A.C. Unit Price Cost Unit Price Cost Total Western Paving Construction Co. $0.09 $ 846.00 $29.70 $31,185.00 $32.031.00 Bituminous Roadways of Colo., Inc . 0.20 1,880.00 28.84 30,282.00 32,162.00 Brannan Sand & Gravel Company 0.20 1,880.00 29.90 31,395 .00 33,275.00 RKS Industries, Inc. d /b /a Evans P aving Company 0.11 1,034.00 30.90 32,445.00 33,479.00 Kiewit Western Company 0.11 1,034.00 33.00 34,650.00 35,684.00 S i e gri st Construction Company 0.10 940.00 33.33 34,996 .50 35,936.50 Colorado S eal & Stri pe 0 .19 1,786.00 35.80 37,590.00 39,376.00 E NGINEER 'S ES TI MATE 36,500.00 • • • n • • • - RESOLUTION NO. ~' SERIES OF 1985 II~ A RESOLUTION PROVIDING FOR THE NOTICE OF SALE OF GE NERAL OBLIGATION WATER REFUNDING BONDS, SERIES 1985, OF THE CITY OF ENGLEWOOD, COLORADO, IN THE PRINCIPAL AMOUNT OF $5,180,000 AND PROVIDING FOR THE PUBLICATION AND MAILING OF THE NOTICE. WHEREAS, the City of Englewood, Colorado, has previously authorized and issued its General Obligation Refunding Water Bonds, Series 1978, dated August 1, 1978 (the •1979 Bonds") in the original principal amount of $8,455,000, of which there is presently outstanding the principal amount of $4,740,000: and UHEREAS, the City has also authorized and issued its General Obligation Water Bonds, Series 1980, dated June 1, 1980 (the "1980 Bonds•) in the original principal amount of $1,300,000, of which there is presently outstanding the principal amount of $1,260,000: and WHEREAS, the City Council has determined that by refunding the 1978 Bonds and the 1980 Bonds, there will result a substantial decrease in the total principal and interest payable on such obligations: and WHEREAS, Section 106 of the City Charter provides that the City Council may authorize the issuance of refunding bonds by ordinance, without an election, for the purpose of paying outstanding bonds of the City: and WH EREAS , in a ccordan ce with the pr o vi sions o f th e Ci t y Charter, i t is necessa r y t o a dvert i se f o r t h e sal e of t he bonds: BE IT RESO LVE D BY THE CI TY C OU NC IL OF THE CITY OF ENGLE WO O D, COLORADO: 1. Notice of Bond Sale . That notice of sale of the b onds in the total principal amount of $5 ,180 ,000 , shall be given by publication in one issue of the Englewood Sentinel, a new&paper published and of general circulation in the City , in the edition d a ted May 9, 1985 . 2 . Form of Notice. The form of the notice of sale s ha ll be substantially as follows: - 2 - • I • • • • • OFFICIAL NOTICE OF BOND SALE $5,180,000 CITY OF ENGLEWOOD, COLORADO GENERAL OBLIGATION WATER REFUNDING BONDS, SERIES 1985 SALE DATE: 2:00 P.M., MONIY\Y, MAY 20, 1985 P UBLIC NOTICE IS HEREBY GIVEN that the City Council of the City of Englewood, Colorado, (the "City") will on Monday, May 20, 1985, at 2:00 P.M. local time, at the office of the City, 3400 So. Elati Street, in Englewood, Colorado 80110, receive sealed bids and publicly open the same for the purchase of the registered general obliqation bonds of the City, more particularly described below: BOND PROVISIONS ~: City of Englewood, Colorado, "General Obligation Water Refunding Bonds, Series 1985", in the principal amount of $5,180,000, dated as of July 1, 1985, consisting of registered bonds in the denomination of $5,000 or any integral multiple thereof (the "Bonds"). MATURITIES: The Bonds shall mature on August 1 in each of the designated amounts and years as follows: Principal Amount $830,000 1986 445,000 1987 480,000 1988 510,000 1989 280,000 1990 $300,000 1991 330,000 1992 360,000 1993 390,000 1994 435,000 1995 $475,000 1996 345,000* 1997 - 3 - • I • • • • • *The amount maturinq in the year 1997 is subject to change, and will be determined after the bid opening. INTEREST RATES AND LIMITATIONS: The maximum net effective interest rate shall not exceed ten percent ( 10%) per annum. A. Interest shall be payable to the registered owner thereof and payable on February 1 and August 1 each year, commencing February 1, 1986. B. It is permissable to bid different or "split" interest rates for the bonds: provided, however, one interest rate only shall be specified for any maturity: a repeated rate shall not be considered a different rate. C. Each rate stated must be in multiples of one-eighth (l/8) or one-twentieth Ct/20) of one percent (1%) per annum. D. The maximum interest rate named for any bond may not exceed the minimum interest rate named for any other bond by more than two percent (2.0%). E. A zero (0) rate of interest cannot be named. F. No supplemental or "B" interest shall be allowed. PAYM ENT AND REGISTRATION: The principal of and premium, if any, on the Bonds shall be payable in 1 awful money of the United States of America to the registered owner of each Bond upon presentation thereof, at the principal office of The First National Bank of Englewood , in Englewood, Colorado, as paying agent. Interest on the Bonds is payable to the person in whose name each Bond is registered, at his address as it appears on the registration books maintained by or on behalf of the City by The First National Bank of Englewood, in Englewood , Colorado , as bond registrar. The initial registration of the bonds by the bond registrar shall be at the issuers' expense . Subsequent tra·nsfer and registrati on fees shall be at the owner's expense. It is anticipated that the Bonds will be issued with such provisions and in such manner as will make th em eliqible for custodi al deposit with the Depository Trust Company, New York, New York. PRI OR REDEMPTION: Bonds maturing on August 1, 1994, and • thereafter, shall be redeemable at the optio n of the City on -4 - • I • • • • • - August 1, 1993, and on any interest payment date thereafter, as a whole or in integral multiples of $5,000, in inverse numerical order, upon payment of par, accrued interest and a premium of 1.0% of the principal amount redeemed. SECURITY: The Bonds and the interest thereon constitute general obligations of the City: the City shall levy a general ad valorem tax on all of the taxable property within the City each year , without limitation of rate or amount, to the extent other funds are not made available for such payments, sufficient to pay the interest on and principal of the Bonds. The full faith and credit of the City will be irrevocably pledged to the payment of the principal of and interest on the Bonds. The Bonds will not be insured by any municipal bond insurance. AUTHORIZATION: An Ordinance authorizing the issuance of the Bonds will be considered on first reading by the City Council on Monday, May 20, 1985, and on final reading, on Monday, June 3, 1985, and will be issued in accordance with Sections 104 and 110 of the City Charter. PURPOSE OF ISSUE: The Bonds herein offered for sale will be issued for the purpose of refunding outstanding general obligation water bonds and for the payment of the costs and expenses incidental to such refunding. TERt1S OF SALE BID PROPOSALS: Any bidder is required to submit an unconditional and written bid for the entire issue, specifying the interest rate or rates and premium, if any, at which the bidder will purchase the Bonds. No bids will be considered for less than par and accrued interest. A bid form shall be provided by the City and it is requested for informational purposes that each bid disclose the total net interest cost in dollars and cents and the net effective interest rate. Each bid must also be in a sealed envelope addressed to Mr. Gary R. Higbee, Director of Finance, City of Englewo o d, 3400 So. Elati Street, in Englewood, Colorado 80110. - 5 - I • • • • • j, BID CHECK: Each bid shall be accompanied by a cashier's check or a certified check of a bank or trust company made payable to the City of Englewood, Colorado, in the amount of $100,000, or by a cash deposit in a like amount. Such check or cash deposit will be held as evidence of good faith pending the delivery of the Bonds, which deposit (check or cash) shall be promptly returned to any such bidder if the bid is not accepted. TAX STATUS: In the opinion of bond counsel, under existing laws, regulations, rulings and judicial decisions, the interest on the Bonds is exempt from federal income taxes under Section 103a of the Internal Revenue Code of 1954, as amended, and is also exempt from Colorado Income Tax under existing laws of the State of Colorado. If, prior to the delivery of the Bonds to the successful bidder therefor, the income received by private holders of obligations of the same type and character shall be taxable or shall be required to be used in any inco~e tax computation by the terms of any federal or Colorado law hereafter enacted, the successful bidder, at his election may, prior to the tender by the City of the Bonds for delivery, may be relieved of the obligation under the contract to purchase the Bonds. In such case the contract to purchase the Bonds will terminate, and the deposit accompanying the purchaser's bid will be returned to the purchaser upon written request therefor. Any such option shall be exercised by a letter addressed to the bond counsel hereinafter designated and deposited in the United States mails, as first class mail, postage prepaid. SALE RESERVATIONS: the City reserves the privilege: (1) Of waiving any irregularity or informality in any bid; (2) Of rejecting any and all bids for the Bonds; and (3) Of reoffering the Bonds for sale in any manner permitted by law. BASIS OF AWARD: All of the Bonds will be awarded to the bidder offering to purchase all of the Bonds at the lowest net effective interest rate to the City. If there are two (2) or more equal bids for the Bonds, and such equal bids are the best bids - 6 - • I • - • • • • received, the City will determine in its complete discretion which bid will be accepted. TIME OF AI'JARD: The City will have bids opened at the time hereinabove specified. An announcement of the best bid will be made immediately following the bid openinq. The City intends to take action to award the best bid by resolution of the City Council at a meeting to be held on May2o, 1985. MANNER AND TIME OF DELIVERY: The deposit of the best bidder will be credited to the purchase at the time of delivery of the Bonds (without accruing interest). If the successful bidder for the Bonds fails or neglects to complete the purchase of the Bonds within ten (10) days next after the Bonds are made ready and are tendered by the City for delivery, the amount of this deposit will be forfeited (as 1 iquidated damages for noncompliance with the bid) to the City, except as hereinafter provided. It is anticipated that delivery of the bonds will be on or about July 9, 1985. An incorrect CUSIP number printed on any bond or the absence of any CUSIP number shall not constitute cause to refuse delivery of any bond. PAYMENT AT AND PLACE OF DELIVERY: The successful bidder or bidders will be required to accept delivery of, and to make payment of the balance due for, the Bonds: (1) At some bank or trust company in Denver, Colorado; or (2) At the successful bidder's request and expense, in either New York City or Chicago . Payment of the balance of the purchase price due at delivery must be made in federal funds or other funds acceptable to the City and to the bank or trust company designated as the place of delivery for immediate and unconditional credit to the City, or as directed by the City. The balance of the purchase price, includinq any oremium, must be paid in such funds and not by cancellation of any interest, nor by any waiver of interest, nor by any other concession as a substitution for such funds. CUSIP NUMBERS: It is anticipated that CUSIP identification numbers will be printed on the Bonds, but neither - 7 - • I • • - • • • • the failure to print such number on any bond nor any error with respect thereto shall constitute cause for a failure or refusal by the purchaser thereof to accept delivery of and pay for the Bonds in accordance with the terms of the purchase contract. All expenses in relation to the printing of CUSIP numbers on the Bonds shall be paid for by the issuer: provided, however, that the CUSIP Service Bureau charge for the assignment of said numbers shall be the responsibility of and shall be paid for by the purchaser. LEGAL OPINION, BONOS AND TRANSCRIPT: The legality of the bond issue will be approved by the firm of Lamm Edstrom & Braymer, Colorado P.C., 600 17th Street, Suite 2500 South Tower, Denver, 80202, whose unqualified approving opinion, together with the printed bonds on steel enqraved borders, a certified transcript of the proceedings, including a certificate stating that there is no litigation pending affecting the validity of the Bonds as of the date of their delivery, and other closing documents, will be furnished to the purchaser. A certified true copy of the approving opinion of bond counsel for the issue will be printed on each bond thereof at the City's expense. Bond counsel's approving opinion wi 11 recite, in conventional form, that bond counsel has examined the constitution and laws of the State of Colorado and a certified copy of the record of the proceedings of the City Council taken preliminary to and in the issuance of the Bonds and that bond counsel has found the same properly executed and in due leqal form. The opinion will express an unqualified opinion as to legality, as to tax exemption of interest and as to the security consistent with the provisions of the paragraph of this notice entitled "Security". INFORliATION: This Official Notice of Bond Sale, and financial and other information concerning the District and the bonds may be obtained from Hanifen, Imhoff Inc., 1125 17th Street, Suite 1800, Denver, Colorado 80202, or Gary R. Higbee, Director - 8 - • I . - • • • • • of Finance, City of Englewood, Colorado, 3400 So. Elati Street, Denver, Colorado 80110. By order of the City Council of the City of Englewood, Colorado, this 6th day of May, 1985. ( S E A L ) I s / Gary R. Higbee Director of Finance -9 - • I • - • • • • • SUMMARY NOTICE OF BOND SALE $5,180,000 CITY OF ENGLEWOOD, COLORADO GENERAL OBLIGATION I'JATER REFUNDING BONDS, SERIES 1985 Sealed bids will be received at the office of the Director of Finance of the City of Englewood, Colorado, 3400 So. Elati St., in Englewood, Colorado 80110. Sale Date: Time: Bonds Dated: Maturities: Legal Opinion: Monday, May 20, 1985 2:00 P.M. local time July 1, 1985 August 1, 1986 to 1997, inclusive Lamm Edstrom & Braymer, P.c. Denver, Colorado For copies of the official Notice of Sale and Official Statement of the City, please contact the Financial Consultant of the City, Hanifen, Imhoff Inc., 1125 17th Street, Suite 1800, Denver, Colorado 80202, or the Director of Finance of the City, 3400 So. Elati, Englewood, Colorado 80110. Dated as of May 6, 1985. Gary R. Higbee Director of Finance Englewood, Colorado -10 - • I • • - ~ I c • • • • 3. Financial Consultant. In addition to the publication of the notice of sale, the Director of Finance and the Financial Consultant are authorized to forward a copy of the Prospectus and notice of sale to those investment banking firms, banks and others who might be interest in bidding on bonds of the City. The prior action of the City Council in designating Hanifen, Imhoff Inc., Denver, Colorado, as Financial Consultant to the City, is hereby ratified and approved; and that the fee paid or to be paid to such firm is fair and reasonable compensation for services in acting as Financial Consultant. Hanifen, Il'lhoff Inc ., may either alone or with others, submit a bid for the purchase of the bonds, and in such event, the fee paid or to be paid for financial advisory services shall not be deemed a discount for purposes of the par sa equiremenaa 4. Severability. That if any one or ~ore sections or parts of this Resolution shall be adjudged unenforceable or invalid , such judgment shall not affect, impair or invalidate the remaining provisions of this Resolution, it being the intention that the various provisions hereof are severable. ADOPTED AND APPROVED This 6th day of May, 1985. ( S E A L ) Mayor ATTESTED: D1rector of F1nance I, Gary R. Higbee, ex-officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 6th day of May, 1985. Gary R. Higbee -11 - I • • • • C 0 U N C I L DATE May 6, 1985 • • - C 0 M M U N I C A T I 0 N AGENDA ITEM II E SUBJECfESOLUTION -General Obligation Water Refunding Bonds, Series, 1985 INITIATED BY Finance Department ACT 1 ON PROPOSED The passage of a resolution providing for the notice of a general obligation water refunding bond sale, series 1985 in the aroount of $5,180,000. Background 'Ihe City's financial advisor, Hanifen, Imhoff, Inc. and the bond house of Kirchner Moore and Company recently advised the City of the potential savings that could result for the City of Englewood of approximately $214,000 over the next 12 years by the City issuing an advance refund bond issue of approximately $5.1 million and refunding the 1978 and 1980 general obligation water bonds. Recatrnendation I recommend that City Council pass a resolution providing for the notice of sale of general obligation water refunding bonds, series 1985, for the principle ~unt of $5,180,000 and providing for the publication of the resolution and mailing of the notice. I recommend the City take advantage of the dollar savings of approximately $214,000. I would like to place a limitation on this recommendation by saying that if the City does not net a savings of at least $100,000 due to conditions in the bond market on May 20, 1985, I would recommend City Council consider very carefully the benefit of proceeding on with this advance refunding issue. I • • RESOLUTION NO. e:J__u SERIES OF~ _. 4~ • - A RESOLUTIOH AGRKKIHG TO ISSUE IIIDUSTRIAL DKVKLOPMERI' REVEHUK BOHa; TO FIHANCK A PRO.JECI' FOR S. BUD BRADY WHEREAS , the City of Englewood (the "City"), State of Colorado, is authorized by the C otmt y and Municipality Development Revenue Bond Act, Title 29, Article 3, Part 1, C .R.S. 1973, as amended (the "Act"), for the benefit of the inhabitants of the State and for the promotion of their health, safety, welfare, convenience and prosperity, to finance one or more projects, including any land, building or other improvements and all necessary and appurtenant real or personal properties suitable for manufacturing, industrial, commercial, agricultural, or business enterprises, upon such conditions as the City Council of the City may deem advisable; and WHEREAS, the City is further authorized by the Act to issue its revenue bonds or other obligations for the purpose of defraying the cost of financing any such project; and WHEREAS, S. Bud Brady (the "User") has met with officials of the City and has advised the City of the User's interest in acquiring, constructing, improving and equipping a facility within the City, including all necessary and appurtenant real and personal properties (the "Project") for a retail, restaurant and theatre operation subject to the willingness of the City to finance the Project by the issuance of industrial development revenue bonds or other obligations pursuant to the Act; and WHEREAS , the User has represented to the City that the Project has been designed to qualify as a "project" within the meaning of the Act; and WHEREAS , the City has considered the User's proposal and has concluded that the economic benefit to the City will be substantial due to an increase in employment and the promotion of industry and development of trade and other economic activity within the City; and WHEREAS, the City has hereby determined that issuing its industrial revenue bonds for the Project will benefit the health, welfare, safety, convenience and prosperity of the inhabitants of the City; and WHEREAS , the City wishes to proceed with the financing of the Project, subject to the conditions herein contained; and WHEREAS , the proposed issuance of the industrial development revenue bonds and the executi on of related financing documents are not prohi bited by any ordinance or rules of the City; HOW, THEREFORE, BE rr RESOLVED BY THE CJTY COUHaL OF THE crrY OF .EHGLEWOOD, COLORADO; Seetion I. In order to induce the User to complete the Project within the City, the City shall take all steps necessary or advisable to effect the issuance of industrial development revenue bonds or other obligations (the ''Bonds") in a maximum aggregate principal amount of $9 million. This Resolution is and constitutes the taking of affirmative official action by the City toward the issuance -1- • I • • - I~ • • • • of the Bonds . .No costs are to be borne by the City in connection with the issuance of the Bonds. Seetion 2. ~e terms and conditions of the Bonds and of t e financing documents relating to ~ai d Bonds or other obligations will be mutual agreed upon by the City and the User, and prior to their execution, such do uments will be subject to authorization by Ordinance of the City Council purs t to law and any ordinance or rules of the City. Seelion 3. The User has agreed to provide for reimbllpiement of all expenses incurred or to be incurred by \tie City related to the User's roject. Seelion 4. .Neither the Bonds, including interest/and any premiums thereon, nor anything contained in this Resolution shall cons~·t tea debt or indebtedness of the City within the meaning of the Constitutio or statutes of the State of Colorado, nor give rise to a pecuniary liability of t City or a charge against its general credit or taxing powers. The Bonds shall be payable solely from and secured by a pledge of the revenues derived from and payable pursuant to the financing documents referred to in Section 2 hereof. Seet:ion 5. All commitments by the City made herein are subject to the condition that on or before one year frorn_. the date hereof, the City and the User shall have agreed to mutually acceptablE; ~rms for the Bonds or other obligations provided for hereunder, in an amount no to~xceed $9 million, and for the sale and delivery thereof. Section 6. The form of Me orandum Agreement presented to the City Co~racil 1s approved and the May~r f the City d the City Clerk are authorized to execute the Memorandum of Agr, ement, with s~ch changes as the City Attorney may approve, on behalf of the ity. The Mayor of the City, City Clerk, City Attorney, and other officers Jllld agents of the City are hereby authorized to initiate and assist in the preparation of such docum~ts as may be appropriate to the Bonds. ADOPTED AHD AP. 'ROVED on the ___ day of-_____ , 19_ (SEAL) Eugene L. Otis, Mayor ATTESTED: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution .No. __ , Series of 19_. Gary R. Higbee -2 - I • • • • of the Bonds. No costs are to be borne by the City in conne c tion with the issuance of the Bonds. Section 2. The terms and conditions of the Bonds and of the fi- nancing documents relating to said Bonds or other obligations will be mutually agreed upon by the City and the User, and prior to their ex- ecution, such documents will be subject to authorization by Ordinance of the City Council pursuant to law and any ordinance or rules of the City. Section 3. The User has agreed to provide for reimbursement of all expenses incurred or to be incurred by the City related to the User's Project. Section 4 . Neither the Bonds, including interest and any premi- ums thereon, nor anything contained in this Resolution shall constitute a debt or indebtedness of the City within the meaning of the Constitu- tion or statutes of the State of Colorado, nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. The Bonds shall be payable solely from and secured by a pledge of the revenues derived from and payable pursuant to the financing docu- ments referred to in Section 2 hereof. Section 5. All commitments by the City made herein are subject to the condition that on or before one year from the date hereof, the City and the User shall have agreed to mutually acceptable terms for the Bonds or other obligations provided for hereunder, in a n amount not to exceed $9 million, and for the sale and delivery thereof. Section 6. The Mayor of the City, City Clerk, City Attorney, and other officers and agents of the City are hereby authorized to initiate and assist in the preparation of such documents as may be appropriate to the Bonds. ADOPTED AND APPROVED on the ___ day of-----' 19 __ (S E A L) Eugene L. Otis, Mayor ATTESTED: e x offic io City Cle rk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No. ____ , Series of 19 ___ Gary R. Higbee -2- I • - • C 0 U N C I L DATE May 2, 1985 • • • C 0 M M U N I C A T I 0 N AGENDA ITEM It f" SUBJECT Inducement Resolution for In- dustrial Development Bonds to redevelop the old Ki n g Soopers site. INITIATED BY Commun i t y pevelopment Department ACT I ON P R 0 PO S ED _ __,A"'p"'p"-'r~o._v,e=-....ct"-!hc!.!e:.....:I"-!nc!.!d~u~c~e:!m~e:!n~t:....!R~e;.::s:.!:o~l:.!:u:.!:tc.!i:.!:o:.!.n~f_::o~r....!I~n~d~u~s~tc!:.rc.!i~ac!:.l~D:::;e,::v:::;ec!:.l~o~p~m~e~n~t~ Bo nd s to r e d eye lop the old King Soopers Site. Brady Development Corporation is in the process of purchasing the old King Soopers block from KRAVCO. They have informed the City that they plan to either renovate the existing building, or ceconstruct it for use as a five to six screen movie theatre. They also plan to renovate the Wyatt 's building and convert the space into two restaurants . At the present time, no architectural work has been completed, but p r eliminary esti- mates indicate that the project will cost $9,000,000 . Brady Development Corporation has r eq uested that the City issue $9,000,000 in industrial development revenue bonds. In approving the inducement resolution, the City begins the process which, in this case, will also involve the State of Colorado since the City's allocation of IDB is slightly over $2,000,000. Prior to any .::onsideration of the bond ordinan ce by the City Council, t~~ applicant must provide a detailed budget for the project and a specific description of how the bond proceeds will be spent. The redevelopment of the old King Soopers block has always been a high priority for the City and Urban Rene wal Authority. While the plan shows residential use on the site, it has always been stated that the market conditions may affect the final uses. Certainly the revenue generated by a movie theatre and restaurant complex would assist the URA in its financing of the public improvements downtown. Wh e n th e details of the proposed development are prese nted, we will be in a better position to analyze the impacts. RECOMMENDATION: It is recommended that the Council approve the inducement resolution for the issuance of $9,000,000 million in Industrial Developme nt Revenue Bonds for the redevelopment of the old King Soop rs block . • I • - • , • • • .. • TO: Englewood City Council Members FROM: Susan Powers, Assistant City Manager for Economic Development ~~~ DATE: May 3, 1985 SUBJECT: Agenda Item #11 F Attached is A RESOLUTION AGREEING TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS TO FINANCE A PROJECT FOR S. BUD BRADY, which was de- livered to this office too late to be included with the Council agenda packet delivered on May 2 . This Resolution is a part of Agenda Item #11 F. gw • I • • ( l • • • ,. - C 0 U N C I L C 0 M M U N I C A T I 0 N DATE May 2, 1985 AGENDA ITEM CJh SUBJECT Amendments to the Comprehensive Zoning Ordinance entered into the record at the Public Hearing on April 22, INITIATED BY City Plapp1na and Zgnipi Comrniss~on ACT 1 ON PROPOSED Pass the Ordinance on second readi Pi adopt i Pi the Cgmprehepsive Zoping Ordinance as amended INTRODUCTION AND BACKGROUND: l ,,, The City Council held a Public Hearing o n April 22, 1985 to consider amendments to the Comprehensive Zoning Ordinance, that had been referred to Council b y the City Planning and Zoning Commission. These amendments included the Introduction; Procedure and Ad- ministrative sections of the Comprehensive Zoning Ordinance ; the Single-family Zone Districts: R-1-A, R-1-B, and R-1-C; the Medium-density Zone Districts: R-2 and R-2-C and a new medium-density zo ne classification R-2-C/SPS, A Special Permit System; the Residential/Professional Zone District: R-4; the Ge neral Industrial Zone District: I-2; the Gene ral Regulations; Nonconforming Uses; the Sign Code; the Legal Status Pro- visions and Def initions. Th ese amendme nts were proposed in order to b r ing the Comprehensive Zoning Ordinance, which is now identified as Chap ter 22 of the 1962 City Code, under th e cover of the Englewood Municipal Code as Title XVI , to clarify wording and i ntent in those sections that have prov n difficult to interpret a nd enforce, and t o r eflect ch a nging City poli cy and goals. Several sections of the Ordinance have been brought under Title XVI, and there could be a problem of enforcement and most certainly of interpr etation , with part of the Comprehensive Zoning Ordinance sections being referenced to Chapter 22 of the 1962 City Code and other sections referenced to Title XVI of the E,M.C. The amended sections of the Ordinance were published in full in the official City news- paper on March 20, 1985 in the Notice of the City Council Hearing on April 22, 1985. The additional amendments which were entered into the record of the Public Hearing on April 22 were published on April 24, 1985. These published amendmen t s included changes proposed by t he City Cou n cil relative to e n forcement procedures, the powers of the Board of Ad j ustment and Appeals, and the Planned Development procedure, as well as grammatical corrections, renumbering, and further clarification in wording. A copy of these amendments that were publis hed on April 24 are attached. Copies of the amended Comprehensive Zoning Ordinance will be published on its final adoption and will be distributed to the members of the City Co uncil, Planning Commis- sion, Board of Adjustment and staff , and will be available at that time for the public. • ) I • • • - • • RECOMMENDATION: It is recommended that the City Council adopt Council Bill No. 20 on final reading. SUGGESTED ACTION: ( MOVED BY ______________ _ SECOND _________________________ ___ I • • YES ______ _. N,IO. _______ JO ABSENT ___________ _ ' l • ( • • • - At the April 22, 1985 me eting of t he Englewood City Council, the following changes to the proposed Comprehensive Zoning Ordinance were made: 1. In all residential districts . Change Home Occupations, changing "incident" to "incidental". Add to businesses and conunercial activities not permitted: "As phalt paving businesses, Towing businesses and Dump trucks". R-1-A will still not permit Home Occupations. 2. Change Accessory Uses in all residential sections to include "Swimming pools", referring to 6.6-1 of the Englewood Muncipal Code. 3. In all applicable sections change "Scale not less than" to "Scale not smaller than". 4. In all residential sections and for corner lots where the principal building faces the long street side, make all front yard setbacks 25 feet. 5. In all residential sections, storage sheds will be changed to permit them in the rear yard instead of only the rear one-third, and they will be limited to a maximum total floor area of 100 feet. 6. In all residential sections, in Minimum Off-Street Parking sections add "brick pavers" as an acceptable surf a ce. 7. In all residential sections, on Minimum Side Yard, after "principal buildings" add "on the same or adjoining lots, whether or n ot under the same ownership". 8. In all applicable sections, when legal notice is mentioned 10 days a r e required for the publication of the notice before the hearing. 15 consecutive days are required for posting before the hearing. 9. In Table of Contents. Change 16 .1-6 to "Enumeration of Zone Districts". Eliminate "Administrative Variance", make "Public Notices" 16.2-10. 10. Section 16.1. Change to "Enumeration of Zone Districts". 11. Section 16.1-11 b. Delete "symbol or". 12. Section 16.2. a. Delete "Right of Entry and the last sentence of the preceding section. Add, "Code Enforcement personnel will have all legal powers necessary to enforce this Ordinance. b. Section 16.2-8. Add: "(l,) In sections R-1-A, R-1-B, and R-1-C, no variance for a use that was created or changed after May 1, 1985, or that became nonconforming after May 1, 1985, shall be approved without review by the Board and the City Council. First review shall be by the Board. If approved by the Board, the variance shall be referred c. to the City Council. The City Council shall review the record and a written decision of the Board to determine if the variance complies with the requirements of this Ordinance. No hearing shall be held before City Council. Should the City Council determine the variance does not comply with this Ordinance, the variance shall then be denied." 16.2-8. Add: "(5) The Board of Adjustment and Appeals shall not grant any variance which will incr ase the density in any residential zone district • • I • • ( ~ ( • • • • Cha n ges. Page 2 13 . Se ction 16 .3 . "g" sho u l d b e change d to "f" a nd "rec onnnendation" should be plural. 14. Section 16.4-1 a (2) (b) (i) a . Chan ge to "A vehicle whose empty vehicle weight as defined in '69 E.M.C. Section 14.2-2 (3) is in excess of 6 ,000 pounds (60 c.w.t.)." 15. Section 16.4-1 a (2) (a) (ii). "Trash sha ll be stored in closed containers". 16. Section 16.4-7. Add procedure, explaini n g the process and evaluation. 17. Section 16.4-9. Correct typographic a l e r ror, Section (1) should read "Minimum Off-Street Parking." Al s o in Se c tion m, replace "Supplementary " wi th "General" Re gu la t i ons. 18. Section 16 .4-14. Conditional Uses. Eliminate "Uses." Change numbering accordingly. 19. Section 16.5 General Regulations . a. 16.5-1. Chan g e Sec tion "22 .4B" to "16.4-16", add "in his opinion" before "is adequate". b. 16.5-2. Eliminate "and Carports". c. 16.5-2 a. Add "In no c ase shall more than one c ommercial vehic le be stored on pro perty in any residential zo ne distric t, whether in a private garage or car por t , i n a n off-stree t pa rki n g sp a ce or in an o pen- space area , and the size of s aid commercial veh icle shall no t excee d e mpt y vehicle we igh t of 6 ,000 pounds (60 c.w.t .) a s de f ine d in '69 E.M.C., Sec t ion 14.2-2 (3 )." d. e. f. g. h. i. j . k. 1 6 .5-3 d. Should be "Bum per , Curb and Whee l St o p s." Remove "pub lic " from "public parking areas shall be designed .•. ". 16.5-3 e. Remove "from off-stre et parking". 16.5-3 g. Change "g", adding "and shall not b e loca t e d with in the required sight triangle". 16.5-5 a (4). Change "its" to "their". 16.5-5 a (1). Change (1) to "one (1) space for each three (3) seats." 16.5-5 a (2). Add "two" before "(2)". 16.5-5 a (4). Change (4) to "one (1) space for each three (3) seats or every six (6) feet of bench length in the main assembly area or auditorium". 16.5-5 a (18) (e) (ii). Insert "If possible, bicycle parking ~reas should utilize already existing weather protection areas such as building overhangs." Change numbering accordingly . 1. 16.5-5 g. Should read "Plan for Parking Areas .•. " • I • • • • • - Changes. Page 3 m. 16.5-5 1. "District" should be plural. 'Hake this section j. n. 16.5-5 1. Add section: "1. Handicapped Parking. Not less than four (4) percent of the total number of required off-street parking spaces shall be designated for handicapped parking. Such spac e shall be no less than 12 feet wide and 19 feet long and shall be identified as parking for the handicapped only." Change lettering accordingly. o. 16.5-7 b. Should read "25% or more". p. 16.5-9 b. Change "their" to "its". q . 16.5-10 b. Insert "side" between "of" and "yard". r. 16.5-13. Change 15 foot setback to 25 feet. s. 16.5-13 a (2) (a). Change to "Principal building fronting on long street side." t. 16.5-13 a (2) (b). Change to "Principal building fronting on short street side." u. 16.5-13 a (3) (a). Change to "Principal building fronting on long street side." v. 16.5-13 a (3) (b). Change to "Principal building fronting on short street side. w. 16.5-13 a (4). After "requirement" insert "fo r accessory struc tures as set forth i n the regulations". x. 16.5-14 . Change "250" to "300" feet. y. 16.5-21 b (1). Spell out Englewood Municipal Code. z. 16.5-21. Insert as the new section "g": "Review for Conformance. The Department of Community Development s h all review all building permits which have been issued for the Conditional Use and shall examine the construction which has taken place on the site to insure conformance with the approved Conditional Use. If the Use is not in conformance with the approved Conditional Use, a Stop Work Order shall be placed on all construction until such time as the discrepancies are resolved. If it is not brought into conformance with the approved Conditional Use within thi rty (30) days, the Department shall report the violation and the terms and conditions of the approved Conditional Use t o the Planning Commission. The Commission shall give written notice to the Conditional Use appli c ant and all the owners abutting the Conditional Use, and shall hold a public hearing on the report of violations submitted by the Department. Upon review of the alleged violations, the Commission may , if it deems necessary, require that appropriate action be taken to remedy the violations. The Commission may approve such amendments and modify the approved Conditional Use. If the amendments or modifications are not approved, the applicant shall bring the project into conformance, or the Commission shall revoke the approval of the Conditional Use, giving written findings therefor. " Change lettering accordingly . • I • • ( • • • • Changes. Page 4 aa. 16.5-24. Add City Councial as an approving body. Also in section e. bb. 16.5-24 f. Add "the" before "proposed reuse". cc. 16.5-24 f. Should read "such as noise or lights." 20. In both sections 16.4-5 and 16.4-6. Minimum Side Yard Setback. Put "Zero (0) foot setbacks are permitted where the units are attached at the common property line" at the end of the section, eliminating the reference in the middle of the sentence. • I . r • ORDINAOCE NO. && SERIES OF 1985 • • • BY Atm!ORITY A BlLL FOR COUOCIL BILL NO. 20 I~ BY COUOCIL MEMBE ctaAa4 r AN ORDINAN:E REPEALIN:> ORDINAN:E NO. 26, SERIES CF 1963, AN:> REPEALIN:> OIAPTER 22 CF DG.EJoiOOD HWICIPAL CCOE 1962 AN:> AHDIDIN:> THE EKiLEJolOOD MUNICIPAL CCOE 1969, AS liMniDFD, BY AOOIN:> ~ SFrl'IONS 'ro TITLE XVI, ~ AS THE ~SIVE ZOOIN:> OROINAN:E, WHICH mw SFrl'IONS IICLUDE Im'ROOI.X:'TION; AlX1INISTRATION CF THE ORDINAICE; PROCFDURE FOR INITIAL ZONI!«i <F PROPERTY AN:> REZONI!«i; RESTRICTIONS; R-1-A, R-1-B, R-1-c, SI!«;LE-FAMILY RESIDENCE DISTRICT; R-2 AND R-2-c, MEDIUM DmSITY RESIDEICE DISTRICT; R-2-c/S.P.S., SPECIAL PERMIT SYSTil1 / MEDitl1 Dm5ITY RESIDENCE DISTRICT; R-4 RESIDEm'IAL/PROFESSIONAL DISTRICT; I-2, <ENERAL INDUSTRIAL DISTRICT; SIGN COOE; GENERAL REGULATIONS; NOICONFORMIN:> USES; DEFINITIONS; AMEND IN:> SFrl'ION 16.4-8, AN:> RENUMBER!!«; THE REMAININ:> SFrl'IONS OF THE CXl'1PREID:NSIVE ZONIN:> ORDINAN:E 'ro BRit«; THfl1 UNDER COVER OF TITLE XVI, AS liMniDFD. WHEREAS, the a:tnprehens ive Zoning Ordinance was adopted by Ordinance No. 26, Series of 1963; and WHEREAS, many changes have taken place in the City of Englewood since the zoning regulations were last reviewed in a comprehensive manner; and WHEREAS, the existing COmprehensive Zoning Ordinance carries the designat i on of Chapter 22 of the 1962 Englewood Municipal Code, which designation was not repealed by the enactment of the 1969 Revised Englewood l'tlnic ipal Code; aoo WHEREAS, p.lblic hearing was held by the City Planning aoo Zoning Commission on February 20, 1985 to consider certain changes in the Cbmprehensive Zon ing Ordinance, Section 22; and WHEREAS, no persons were present who wished to address the City Planning and Zoning Commission either in favor or or in opposition to the proposed amendments to Sections 22.1, 22.2, 22.3, 22.5, 22.6, 22.7, 22.8, and 22.9 of the COmprehensive Zoning Ordinance; and WHEREAS, the City Planning and Zoning Commission previously held p.lblic hearings on several sections of Section 22.4, Zone Districts, and referred those amended sections to Englewood City Council to be designated as Section 16.4, including sub- sections 16.4-1 through 16.4-10; and 1 • I • ( ( • • • .. - WHEREAS, Engl~ City Council has enacted the following subsections of Section 16.4: 16.4-8: R-3, High Density Residence; Section 16.4-10: B-1, Business; Section 16.4-11: Design G.lidelines for the Rehabilitation of Existing Buildings in the SOuth Broadway Incentive Area; Section 16.4-12: B-2, Business; Section 16.4-13: I-1, Light Industrial; Section 16.4-15: Planned Development; Section 16.4-17: Fences and Retaining walls; Section 16.4-18: Landscape Ordinance; and WHEREAS, the City Planning and Zoning Omnission has referred to City Co~S~Cil the ranaining sections of the ~ehensive Zoning Ordinance, which sections were the subject of the February 20, 1985 public hearing; t«M, 'mEREFORE, BE IT ORO!I.INED BY CITY CCXltCIL CF THE CITY CF ~. COLORADO, AS FOLLOWS: Section 1. 'lbat Ordinance No. 26, Series of 1963, is hereby repealed. Section 2. 'lbat Cllapter 22 of the 1962 Englewood 1'\Jnicipal Code is hereby repealed • Section 3. 'lbat Engl~ l'tlnicipal Code of '69, as amended, is hereby cnended by adding the following subsections to Title XVI known as the o:mpcehensive ZOning ordinance: 16.1-1 16.2 16.3 16.4-1 16.4-2 16.4-3 16.4-4 16.4-5 16.4-6 16.4-7 16.4-9 16.4-14 16.4-19 16.5 16.6 16.8 Introduction Administration of the Ordinance Procedure for Initial ZOning of Property and Rezoning Re strictions R-1-A, Single-~arnily Residence District R-1-B, Single-Family Residence District R-1-c, Single-Family Res i dence District R-2, Medium Dens ity Residence District R-2-c, Hed ii.ITI Density Residence District R-2-c/S.P.S., Special Pecnit system/Medium Density Residence District R-4, Residential/Professional District I-2, General Industrial District Sign Code General Regulations NonconfoDning Uses Definitions A complete copy of the foregoing addition to Title XVI is incorporated herein by reference as if fully set forth, and copies are available for inspection during regular working hours in the Office of the Englewood City Clerk and in the Department of 2 • [ I • [ ( ( • • • - Ca'mluni ty Developnent, City Hall, 3400 S. Elati Street, Englewood, Colorado. section 4. That Section 16.4-8: High Density Residence District be changed to read as follows: section 16.4-8 R-3, High Density Residence District. d. Floor Area • (1) Hininnm residential floor area. (ii) TwO bedroom unit •••••••••••• ~ 750 square feet. Section 5. That fonner Section 22.9 be ren\mtlered Section 16.7 with the following subsections: 16.7-1, 16.7-2, 16.7-3, 16.7-4, 16.7-5, 16.7-6. section 6. '1he following legal provisions shall apply to this ordinance: A. Separability Clause. If any article, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance. '1he Council of the City of Englewood hereby declares that it would have phrased this Ordinance and each article, section, subsection, clause or phrase hereof, irrespective of the fact that any one or more articles, sections, sentences, clauses and phrases be declared unconstitutional. B. Scope. 'nlis Ordinance relates to zoning, and it does not repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws or ordinances, except those repealed herein. \ltlere this Ordinance imposes a greater restriction upon land, buildings, or structures than imposed or required by such existing provisi ons of law or ordinance, the provisions of this Ordinance shall control. c. Violation and Penalty. Any person, firm, or corporation that violates, d1sobeys, anits, neglects or refuses to canply with or resists the enforcement of any of the provisions of this Ordinance shall be fined not less than ten dollars ($10) nor more than three hundred dollars ($300) for each offense. Each day that a violation exists shall constitute a separate offense. Any buildings erected , razed, or converted, or land or premises used in violation of any provisions of this Ordinance, or any amendment hereto, is hereby declared to be a cannon nuisance and such cannon nuisance may be abated in such manner as nuisances are now or may hereafter be abated. 3 • I • • ( • • • • D. Necessity. '!he City Council hereby fioos, determines, and declares that this Ordinance is necessary for the illmediate preservation of the public peace, health, safety and convenience. Section 7. ~. In accordance vi th Saction 40 of the City diiiter, the Cl~il shal.1 ·hold a public heariog on this Ordinance, before final passage, at 7:30 p.m. an l'tlmay, Jlpdl 22, 1985, in City Cowx:il dlaubers, 3400 s. Elati, Bngl~, Coloral!o BOllO. Introdi:Ced, read in full, and passed on first readiog on the 18th day of March, 1985. Published as a Bill for an Ordinance on the 20th day of March, 1985. Amended at public hearing held April 22, 1985. ~Kinents published April 24, 1985. Read by title and passed as amended on final readiog on the 6th day of Hay, 1985. Published by title as Ordinance No. ___ , Series of 1985, on the 8th day of Hay, 1985. Attest: Eugene L. OtlS, Mayor ex off1c1o 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 passed on final reading and published by title as Ordinance No. , Series of 1985. --- Gary R. Higbee 4 ( ( I • •