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Home My WebLink About1985-05-20 (Regular) Meeting Agenda• • • 0 City Council r1eeting -Regular -Hay 20, 1985 • • • • • • ~ ~cJ ~o r~~,Jn/)~; ,g; ;qgs'-~'7 v . -~oc1o ~-41r~K4o?+,.;;s (Q ~ -di; .sPf: ~ ptq .>*). .d I • 0 0 I . . , , ( 4. ( ~~; 5. ~ ~ • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MAY 20, 1985 7:30 P.M. Call to order. Invocation by Mr. Mac Bartee, Englewood Church of Christ, 4690 South Logan Street. Pledge of al l eg iance by Boy Scout Troop 1115 and 1154. Roll Call. Minutes. (a) Minute s o f the Apr il 22, 1985 City Council meeting. (b) Minu tes of the May 6, 19 85 City Council meeting. 6. Pre-Schedu led Visitors. ~ to 10 minutes.) (Please limit your presentation ~~~(a ) ,;t.J.£1.Jj'w....t Mr. and Mrs. Tate, 2798 South Emerson Street, will be present to discuss Paving District No. 30. ~ t ctrv-(b) ~ J"'""J- Mrs. Thursia Pfeifer, representi ng the Jaycees, 6605 West 13th Avenue, Lakewood , will be present 7 . 8. • to discuss a change in the Municipal Code concerning alcohol in the City parks. Non-Scheduled Visitors. (Please limit your presenta tion to 5 minutes.) y~ it-·~ ~err.._) awJ.,.__; lfn-YxP . ~)f\1...4..--.L( Communications and Proclamations . • I • • • • Page 2 May 20, 1985 Agend a ( 9. Consent Agenda. (a) (b) (c) (d) (e) Q tJ-ilz' (f) (),ui_ll ~'1 (g) Q.81t-z.q ( @;t.L~ tg. c 8-it .so (h) (),u_tt ~ c. B~ ~.:1. Cil Minutes of the Downtown Development Authority meeting of Apr il 10 , 198 5. Minutes of the Board of Adjustment and Appeals meet i ng of April 10, 1985. Minutes of the Parks and Recreation Comm ission meeting of Apr il 11, 1985. Minutes of the Planning and Zoning Commission meeting of Apr i l 16, 1985. Mi nutes of the Liquor License Authority meeting of April 24, 1 985. Ordinance on final reading amending an ordinance wh ich 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 Bellev iew Avenue. Ord inance on fi nal reading approving the vacation 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 sufficie nt private property be dedicated for the constru ct i on of a cul-de-sac on We st Warren Avenue and South Raritan Street. Ord i nance on fi nal r eading amending sect i ons of the Englewood Municipal Code relative to Offenses Relating To Property in order to make the Englewood Municipal Code consistent with a recently enact e d State Statute. Ordinance on final reading creating Paving District No . 30. 0~-tt 3 D . C-?Public Hearing. • 11. Ordinanc es, Resolutions and Motions. (a) (b) Recommendation from the Director of Finance to approve a motion authorizing the City to negotiate a contract with the Hewlett Packard Comp any for the purchase of a word processing system. Recommendat ion from the Community Development Depart- ment to approve a cooperation agreement between the City of Englewood and the Englewood Urban Renewal Authority to transfer the City 's interest in the Deed and Agreement between the City and KRAVCO, Inc., east of Elati Street to the EURA . • I • • • • • Page 3 May 20, 1985 Agenda 11. Ordinances, Resolutions and Motions. ~ 1 (c) Recommendation from the Finance Department to adopt (?~C9 the 1985 Englewood Municipal Code and to approve a . -";((' .,<l,b mo ti on s e tting a p u blic hearing and a special meeting .f>.J!'r\ t):~D ~(o ... l D on J une 10 , 1 985. ~ (d) Recommendat i on from the Engineering Services Depart- LL? ~ / ment to approve a Resolution authorizing the execution ~~-:JI. of a Supplement to the permit granted by the Burling- ------ton Northern Railroad Company, which allows the City to rehabilitate and maintain the outfall for the West Harvard Gulch storm sewer right-of-way. tl~Jal~ (e) Recommendation from the Finance Department to approve \IJ"'" (!S-It J+ a Resolution to award the contract for the purchase of General Obligation Water Refunding Bonds and a ..../J. JJ J~ B i ll for an Ordinance to authorize the issuance of ~ ,___-such bonds. ~h 7 :&5>/YY\ 6 -·3 -!-s- (1 (f) Recommendation from the Parks and Recreation Department to (?~ approve an agreement between the City of Englewood and the d.j$" r South Suburban Metropolitan Recreation and Parks District ~ .A~~VV for construction of a hike and bike trail from the north \ ~-boundary of the Englewood Golf Course to West Oxford Avenue. • (g) Recommendation from the Engineering Services Depart- ment t o approve an easement to the Public Service Company, a t the South Clay Street parking lot of the Englewood Municipal Golf Course for the purpose of construc ti on, operating, maintaining, repairing and replac i ng gas lines. 12. Ci t y Manag e r's Repor t ··10..-w #OIOl 13. C ity At tor ney's Report 1 4 . General Discussi o n. (a ) Mayor 's Choice . (b ) Council Me mb e r 's 15.) Adj our nme n t . 1 l 7 / )~~ _2h<.hifV'-c AND C COWN C i Ma n a g e r AM /sb • I • AGENDA ITEM ---- • • • -.6 --Ol 0 -g 6- (:w~. PRESENTED BY ------ 0-u ;t tndvL ~ ~~~ /J~)ac Sa ·J;;_ a~a #;;s-J #;s-f ROLL CALL H d ove Seconded Ayes Nay Absent Abstain __l!igday Nea_i_ Vobe1da Weist Bi io Bradshaw Otis MOTION: • I . • • • AGENDA ITEM -----PRESENTED BY-------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hl gday v Neal 1-/ Vobe1da //"' Wei st L.,.-- Bi lo t,..-" Brads haw I/' Oti s 1/ MOTION: I . • • • • • AGENDA ITEM PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday I Neal I Vobe1da , Weist ·-v Bi lo I v-Bradshaw I Otis ( MOTION: I • • • • _,.-- AGENDA ITEM "'"---~..L-____.bL.....£_ Moved Seconded v Hlgday Neal 1/ Vobe da Weist Bi lo Bradshaw Otis MOTION: 7o'Y1 IL .. ROLL CALL • • - PRESENT ED BY -------- Ayes Nay Absent Abstain I I I - I I I I • • • • • • AGENDA ITEM PRESENTED B Y -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain HIQday ,_. Neal -, vobe1da I Weist -Bi lo J 1-/ Bradshaw I Otis 7 MOTION: I • • • • • • • AGENDA ITEM _rO_h __ _ PRESENTED BY --------- ROLL CALL Moved Seconded Ayes Nay Absent AbstaIn Hlgday Neal Vobe1da Weis t Bi lo Bradshaw Ot i s MOTION: I • • • • • • • AGENDA ITEM 1 Moved Se conded Ayes Nay Absent Abstain 1- I-- Hlatlav ~ Nea ---1.. I-- Vobe,da I ___, L--- Wei s t L Bi lo - --1 I Bradshaw I ~ I OtIs .l_ l l I ::3 MOTION: I • • • • • • AG E NDA ITEM q a -~ PRESENTED B Y -------- ROLL CALL Moved Seconded Ayes Nay Absent Absta l n -mg"Oay I Neal I Vobe1da I Wei st --v Bll o 1 v Brads haw I Ot is I I • • • • - • • AGE NDA I TEM I I d._ . ROLL CALL Moved Seconded Ayes Nay Absent Abstain V' rHQday I Neal I Vobe1da I Weist -- Bllo I v Bradshaw 7 Otis I H P MariON: I • • • • • AG ENDA ITEM PRESENTED BY ----- ROLL CALL Moved Seconded A yes Nay Absent AbstaIn Hlgdav Neal I -,. Vobe1da I _/ Weist v Bllo Bradshaw -, Otis f MOTION: 6 I • • • . . • AGENDA ITEM PRES ENTED B Y ---------- ROLL CALL Moved Seconded Ayes Nay Absent Abst 1 a n HI qday Neal Vobe1da Wei s t Bl lo Brad s haw Otis MOTION: • I . • • • • - AGENDA ITEM --~-/' __ 1) ___ · __ PRESENTED BY fh e_ {_~z..._ ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday I I NeaT I v-Vobe1da 7 Weist -~-Bi io T Bradshaw I Oti s 7 MOTION: I • • • • • • • AGEND A I TEM 11~. ROLL CALL Moved Seconded Ayes Nay Absent Abstain HTqday Neal .It:?. Vobe;da Weist """ Bi lo Bradshaw Otis I • • • • • • AGENDA ITEM ----------PRESENTED BY ------------ ~OLL CALL Hoved Seconded Ayes Nay Absent Abstain H.goay Neal f Vobe 1da Weist -Bi lo '--Bradshaw T Otis I • MOTION:~ J • • • • • • AGENDA ITEM -----PRESENTED BY ---------------- ROLL CALL Hoved Seconded Ayes Nay Absent Abstain Hlqday 7 Neal I Vobe1da ( Weist Bllo Bradshaw 7 Otis ( MOTION: I • • • • • - AGENDA ITEM --~--;r_·-~---PRESENTED BY CQ_z U.-l-71 ROLL CALL Hoved Seconded Ayes Nay Absent Abstain "' Hlgday I Neal I v Vobe1da I Weist Bi lo I Bradshaw 7 Otis ( MariON: I • • • • • • - PRESENTED BY ---------------- ROLL CAll Hoved Seconded Ayes Nay Absent Abstain Hlgday I Neal I Vobe1da We ist y Bi lo I ,_ Brads haw I Otis 7 I • • • • • • • PRESENTED BY -------- ROLL CALL l'loved Seconded Ayes Nay Absent Abstain Hlgday I Neal / v--Vobe1da / Wei s t ·- Bi lo I v Bradshaw I Otis I MOTION: I • • • • • • AGENDA ITEM /~ P RESENTED BY hJ e.. C--:fU/ ?-<... ' ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday / Neal / v Vobe1da / Weist -Bi lo / v Bradshaw / Otis MCYriON~ ::# 2 z_ I • • • • • • • ,. • AGENDA ITEM I I t2--P RE SENTED B Y ------- / ROLL CALL Moved Seconded Ayes Nay Absent AbstaIn igday I Neal / v Vo be1da 7 We is t -Bi lo I "' Brad s haw / Otis ,p~~- ""''""' ~9 j ~ I o-o ;;?fl fl ;TI'-b ( [uLf ~ ~t t;p rt.u ;L-4o 0 ~~~ • I . • • • • AGENDA ITEM _1_/e_f!-__ _ PRESENTED BY _fi-S-!Ju=:....:::...:.;~~---u ROLL CALL Moved Seconded Ayes Nay Absent Abstain v Hlgday Neal Vobe1da Weist Bi lo .._......-Bradshaw Otis I • • • • • • ,. - AGENDA ITEM PRESENTED BY ----------- ROLL CALL Moved Seconded A yes Nay Absent Abstain Hlgelay v Neal Vobe1da Wei s t Rllo J/'" Bradshaw Otis I • • • • • • • AGENDA ITEM -----PRESENTED BY-------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday v- Neal v Vobeida r- Weist '- Bi lo v Bradshaw v Otis v MOTION: I . • • AGENDA ITEM //e__ (A ?VJ-6_ 3 c~ IL ~· 100 68 • • • PRESENTED BY~!'<_.-zk . II f1 "-'lf'/', 2"' a d. 7. f 52 <1 r; /)uJ-- 0-, 3 2 S -~ ,a'V fi-/L' tJ.o~ ROL L CALL Moved Seconded A yes Nay Absent Abstain Hiqday Neal / v Vobe,da I / Weist Bllo /' 7 Bradshaw 7 Otis / MOTION: ;2M -z-_3 • I . • • • AG ENDA ITEM -----PRESENTED B Y -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain ~ Hlgday / Neal / Vobe1da v Wei s t Bi lo / -v Br adshaw / Ot i s I MOTION: (!_;j 11 31 d-pJJ ~ -3 -~ )-I • • • • - • • AGEND A ITEM --- ROLL CALL M d Seconded Ayes Nay Absent Abstain ove Hlgday Neal vobe1da Weist Bi lo Bradshaw Otis MOTION: • I . • • - • • • ( • SP~IAL MEETING: • • • CC>I.JOCI L OiAMB ERS City of Englewood , Colorado Apr il 22 , 19 8 5 The City Council of the City of Eng l ewood, Arapahoe County, Colorado, met in special sessi on on Apr il 22, 1985, at 7:30 p.m. Mayor Pro Tern Bradshaw, pres i ding, called the meeting to order. The invoca tion was g i ven by Council Me!Tber Higday. '1lle pledge of allegiance was led by Mayor Pro Tern Bradshaw. Mayor Pro Tern Br adshaw asked f or rol l call. Upon a call of the roll, the follow i ng were present : Counc i l Members Hi gday, Neal, Vobejda, Weist, Bilo, Bradshaw, Absen t : Mayor Otis . The Mayor Pro Tern declared a quorum present. * * * * * * * Also present were: City Manager ~ * * * Ass i stant Ci ty Manager Vargas City At torney Olsen Ass i stant Director of COmmunity Developnent (Planning) D. Ranans Depu ty Ci ty Clerk Owen * * * * COUOC I L PID1BER BI LO l'KJVIiD ro OPEN 'niE PUBLIC HEARING ro a:>NSIDER PROPOSED AMENDMENTS ro 'niE COMPREHENSIVE ZONING ORDINAN::E. Council Neal seconded the motion . Upon a call of the roll , the vote resulted as foll ows: Ayes: Nays: Absent: Council Members Hi gday, Neal, Vobejda , We i s t , Bilo, Bradshaw • None. Mayor Ot i s. The Mayor Pro Tern declared the motion carried . Assistant Director of Commun i ty Developnent (Planning ) Dorothy Roman s , home address of 3600 South Bannock, presented the proposed amendme nts to the Comprehensive Zon i ng Ord i nance. 0 I • • - • ... April 22, 1985 Page 2 • • • Assistant Director Romans entered into the recoerd the notice of public hearing, documentation on the history of zoning in Englewood, a summary of the proposed amendments, and the complete zoning ordinance. Ms. Romans then reviewed the ordinance and proposed amendments. COOOCIL ME11BER BILO r«:MD TO CHANGE SEX::TION 16.4-1 a. (2) (a) ( ii ) RESTRICTION. GENERAL. STORAGE OF JUNK AND TRASH BY OiANGING "COVERED" TO "CLOSED." Council Menber Neal seconded the nPtion. 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. 'nle Mayor Pro Tern declared the nPtion carried. Mayor Pro Tem Bradshaw asked if there was anyone in the audience wishing to speak concerning the zoning ordinance. Marjorie Becker, 644 East Yale Place, came forward. Mrs. Becker mentioned that she worked with the Planning and Zoning Commission on this project serving as vice Chair. Mrs. Becker stated she would not allow parking of RV's on the street or on the yard. In her op i nion owners of RV's could find another location to store them. Mrs. Becker noted Section 16.2-1 Enforcement was Lmportant to her. She stated staff m.lSt have the proper tools to do their job. Chris Brackett, 7530 East Easter Avenue, came forward and inquired if there were community covenants governing the parking and storing of RV's. Mrs. Becker stated her comments were addressing the areas in Englewood where there were no regulations for parking RV's. Mayor Pro Tem Bradshaw recognized Mr. Kelly for his work with the northeast Englewood neighborhood on this project. COOOCIL ME11BER VOBEJDA ~'«>'JED TO OIANGE SECTION 16.5-1 GENERAL RIDJLATIONS. STORM DRAINAGE. BY INSERTING BE'lWEEN " ••• NATURAL SURFACE DRAINAGE OF THE SITE" AND "IS ADEQUATE ••• " THE ~RDS "IN HIS OPINION" Council Member Bilo seconded the nPtion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw • I • • • ( • April 22, 1985 Page 3 Nays: Absent: None. Mayor Otis. • • - '1he Mayor Pro Tern declared the motion carried. ~IL MEM3ER NEAL KJVEO 'ro CHANGE SEC!'ION 16.5-24 ADAPI'IVE REUSE. BY INSERTING "AND '!liE CITY ~IL" AFTER '!liE WORDS "CITY PLANNING AND ZONING <not1ISSION" IN LINE 6 OF '!liE FIRST PARAGRAPH AND AT THE END OF ITEM "e." Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Manbers Higday, Neal, Vobejda, Weist, Bilo, Bradshaw. None. Mayor Otis. '1he Mayor Pro Tern declared the motion carried. ~IL MEM3ER BILO MOVED 'ro CHANGE SECTION 16.4-9 m. (2) (a) R-4 RESIDENTIAL/PROFESSIONAL DISTRICT. ACCESSORY BUILDINGS AND PERMITTED AIXESSORY USES. S'roRAGE SHED. BY STRIKING "ONE-THIRD." Council Manber Vobejda seconded the mot ion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Mernbers Higday, Neal, Vobejda, Weist, Bile, Bradshaw. None. Mayor Otis. The Mayor Pro Tern declared the motion carried. 0:){JOCIL MEM3ER HIG:lAY MOVED 'ro CHANGE SECTION 16.5-13 a. (1) <X>RNER LOr Rm!JLATIONS. RESIDENTIAL <X>RNER LarS. MINIMUM FRONT YARD FRai 15 FEET 'ro 25 FEET SET BACK AND TO MAKE THIS STANDARD APPLICABLE 'ro ALL r.ars. Council Manber Neal seconded the motion. Council Member Weist preferred sending the issue back to Planning and Zoning for review and recommendation. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Vobejda, Bilo. Nays: Council Manbers Weist, Bradshaw. Absent: Mayor Otis. • Q I • - • • • ( • April 22, 1985 Page 4 • • • 'nle Mayor Pro Tem declared the motion carried. 'Itlere were no further comments. romciL Mfl'1BER HIG:lAY KNED 'ro CLOSE THE PUBLIC HFARING. Council Herrtler Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Mentlers Higday, Neal, Vobejda, Weist, Bilo, Bradshaw. None. Mayor otis. '1tle Mayor Pro Tern declared the motion carried. Mayor Pro Tern Bradshaw adjourned the meeting at 9:15 p.m. j,~.,~&ww • • I • • ( ( • REGULAR MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado May 6, 1985 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on May 6, 1985, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Reverend Wayne Everett, South Evan- gelical Presbyter ia n Fellowship, 3311 South Broadway. The pledge of allegiance was led by Boy Scout Troops fll5 and 1154. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. • • Also present were: • • • • • • • • City Ma nager McCown Assistant City Manager Vargas City Attorney Olsen Director of Engineering Services Diede Director of Public Works Waggoner Ass istant Director of Community Development (Planning) D. Romans Assistant Director of Community Development (Housing) Knopinski Office Engineer for Engineering Services Kahm De puty City Clerk Owen • • • • MAYOR PRO TEM BRADSHAW MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF APRIL 8, 1985. Council Member Bilo seconded the motion. The following misspell i ngs were noted and accepted: on page 4 "Bickert" replaces "Beckergart" and "Bonacci" replaces "Bandici;" on page 5 "Harder" replaces "Harter;" on page 8 "Royce" replaces "Roy." • I • • • • • May 6, 1985 • Page 2 ( ( • Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * • * * * COUNCIL MEMBER BILO MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF APRIL 15, 1985, AS CORRECTED AND PRESENTED ON MAY 6, 1985. Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Ot i s. Nays: None. The Mayor declared the motion carried . * * • • • • • There we re no pre-scheduled visitors on th e agenda. • • • • • • * Under other visitors, Mr. Christano , attor ney representing James Plumme r in a rezoning matter asked and received clarificati on on the forum for which Council would conduct the public heari ng on this rezoning case. * * • • • * * MAYOR PRO TEM BRADSHAW MOVED TO APPROVE THE PROCLAMATION DECLAR- ING MAY 19-25, 1985, AS "PUBLIC WORKS WEEK." Council Member We ist sec- onded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist , Bilo, Bradshaw, Ot is . None. The Mayor declared the motion carried . * • • • • • • • I • • ( ( • May 6, 1985 Page 3 •' • • • COUNCIL MEMBER NEAL MOVED TO APPROVE THE PROCLAMATION DECLARING THE MONTH OF MAY, 1985 AS "MULTIPLE SCLEROSIS MONTH." Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * Mayor Otis pr ese nted a letter from Penny Dietrich, Executive Director of the EDDA, alerting Council that two terms for its Board of Directors exp ire June 30, 1985. COUNCIL MEMBER NEAL MOVED TO RECEIVE THE LETTER AND POSTPONE FILLING THE VACANCIES UNTIL THE FIRST COUNCIL MEETING IN JUNE, 1985. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Coun cil Members Higday, Neal, Vobejda, Weist, Bilo, Br adshaw , Otis. None. The Mayor declared the motion carried • * • • • • • • Mayor Otis presented a transmittal from the Library Advisory Board of a resolution supporting implementation of the Automated Library Management System; and a resolution supporting the provision of public parking for library users. MAYOR PRO TEM BRADSHAW MOVED TO RECEIVE THE TRANSMITTALS. Coun- cil Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Memb ers Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the mot ion carried. • I • ( ( • May 6, 1985 Page 4 * * * * • • .. * * * "Consent Agenda" items were: (a) (b) (c) (d) (e) (f) (g) (h) Minutes of the L i quor L i cense Author i ty meetings of January 24, February 20, and April 10, 1985. Minutes of the Board of Adjustment and Appeals meeting of February 13, 1985. Minut e s of the Englewood Downtown Development Au- thor ity mee t ing of March 13, 1985. Minutes of the Parks and Recreation Comm i ss i on meeting of March 14, 1985. Minutes of the Urban Renewal Authority meetings of Ma rch 20 and Apr i l 3, 1985. Mi nutes of the Plann i ng and Zoning Commission meeting o f April 2, 1985. Mi nutes of the Publ i c Library Advisory Board meeting of April 9, 1985. Ord i nance on fin a l r e ading approving the 1985 Compre- hens i ve Zon i ng Ordinance, as amended. COUNCI L MEMB ER NEAL MOVED TO APPROVE CONSENT AGENDA ITEMS 9(A ) - 9 (G) AND TO CONSI DER 9(H ) SEPARATELY UNDER "ORDINANCES, RESOLUTIONS, AND MO T IONS." Ma y or Pr o Tern Bradshaw seconded th e mot i on. Upon a c al l of t he r ol l, t he v o te r e su lted a s fol l ows: Ayes: Nays: Council Memb ers Higd ay, Neal , Vob ej d a , Weist, Bilo, Bradshaw , Otis . None. The Mayor declared the motion carried. * * * • * * * MAYOR PRO TEM BRADSH AW MOVED TO OPEN THE PU BL IC HEAR I NG TO CON- SIDER PAVI NG DISTRICT NO. 30. Council Member Bilo seconded the motion . Upon a call of the roll , the vote resulted as foll ow s: Ayes: Council Members Higday , Neal , Vob ejda , Weist, Bilo , Bradshaw, Otis . • I • • • • • May 6, 1985 Page 5 Nays: None. The Mayor declared the motion carried. ~ Director of Engineering Services Diede presented rev i sions to the di~~ict since the public hearing on April 8, 1985. Mayor Otis then asked for comments from the audience • .L>e r r-; f)~fo v.. Carolyn Dearington Tate, 2798 South Emerson Street, stated she appreciated Counc il's help and Mr. Neal's help on this matter. Ms. Tate expressed concern about the costs, and asked if the issue was "pave now or pave later," "pave now ," or "not to pave." later." Mayor Otis responded under the 10-year plan it was "pave now or Ms. Tate asked to keep the street as narrow as possible, under 28 feet. Ms. Tate asked if there were plans to build a walkway. Director Diede stated a walkway was planned originally, but since has been dropped from the plans. Brad Tate, 2798 South Emerson Street, was in favor of getting the street paved and also expressed appreciation for Council's help and Mr. Neal's help. He asked that the condition of the street be establish- ed in case referr al is needed in the future. He was interested in paving the street in order to receive City serv i ces. Mr. Tate suggested a slope-back curb and gutter or 3 ft "V" pans because most of the citizens who use th e bridges are children and "V" pans would force them out and into the street. He suggested removing the barricades and replacing them with flashers and landscaping. Director Diede commented on the use of "V" pans ve rsus slope back noting it may be imp ossible to get slope-back forms these days. Richard Dittemore, came forward as spokesperson of the pretest- an ts of 8-10 property owners in and around Clarkson Circle, Emerson Street, and Amherst Street. Mr. Dittemore stated some are on social security and fixed income and the assessment would double their taxes . Mr. Dittemore contended there would be no benefit from the pav i ng. Mr. Ditt emore asked for a show of hands of those present who were protesting. Ten people raised their hands. Peter Knocowski, 2794 South Clar kson, came forward. He dis- cussed the water flow problem during a rain storm and noted the water would wash away the pavement every time. • I • • ' • • • • - May 6, 1985 Page 6 Kathy Bigelow, 2834 South Clarkson, asked why there appeared to be a push to have the streets paved. Council Member Neal stated there was no rush but some citizens want to get the streets paved and citizens have a right to good streets as they do good water and sewer service. Ms. Bigelow stated she took a poll of people throughout the City. Many had no opinion, felt the decision should be directly that of the property owner, or felt the streets should be left alone. Council Member Higday stated after many hours of studying al- ternatives to upgrade streets, this method appeared to be the fairest, Ms. Bigelow stated !t was a shame to take away the last pocket of beauty in Englewood. Suzette Hunt, 2830 South Clarkeon Circle, asked if there could be water run-off problems. Ms. Hunt asked if there were any studies available on this matter. Director Diede stated a master study was done and as a result some pipes were replaced which improved storm drainage. Director Diede asked those present to keep in mind there is very little that can be done to help drainage in a flash flood. Council Member Neal stated drainage improvements decrease the chance of flooding. Mr. Gridwood , 825 East Amherst, stated "if it ain't broke, don't fix it. Mr. Gridwood stated there was a small part of his property that would be left dirt. Mr. Gridwood asked why the intersection was going to be cut so big. Director Diede stated the intersection was planned for an emer-gency turn-arou_Pd. ~~ .i ... --rn. n . L Cl f.a I tit~~ ~ Edna Turtlenot, 2791 South Ogden, asked that Council consider minimizing the s i ze of "V" pans. Ms. Turtlenot stated she preferred curb and gutter rather than "V" pans. She also was concerned about the pro- tection of trees and keeping the street as narrow as possible. Dick Bickert, 2882 South Emerson, stated he was one of three who wan ted safe ingress and egress. There were no further comments • • I • • ( • May 6, 1985 Page 7 • • • COUNCIL MEMBER HIGDAY MOVED TO CLOSE THE PUBLIC HEARING. Coun- cil Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Silo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1985 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 32 INTRODUCED BY COUNCIL MEMBER NEAL 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 IMPROVEMENTS, TOGETHER WITH NECESSARY INCI- DENTALS; PROVIDING FOR THE ISSUANCE OF BONDS IN PAYMENT FOR SAID IMPROVE- MENTS; AND SETTING FORTH OTHER DETAILS IN CONNECTION WITH THE DISTRICT. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 32, SERIES OF 1985, ON FIRST READING . Council Member Higday seconded the motion. Council Member Weist asked that Council consider some sort of sharing of costs with the property owners when the final assessments are figured and a subsequent hearing is held. Council Member Neal and Mayor Pro Tem Bradshaw supported Council Member Weist's comment. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. • • • • • • Mayor Otis declared a recess at 9:05 p.m. 9:20 p.m. and Mayor Otis asked for a roll call • • • Council reconvened at I • • • • .. May 6, 1985 Page 8 Upon a call of the roll, the following were present: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. * * * * * * * MAYOR PRO TEM BRADSHAW MOVED TO OPEN THE PUBLIC HEARING TO CON- SIDER SINGLE FAMILY MORTGAGE REVENUE BONDS. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Linda Knopinski, Acting Assistant Director of Community Develop- ment (Housing), came forward and presented the resolution and policy report on the subject of single family mortgage revenue bonds. Ms. Knopinski amended both the resolution and policy report with the following wording: "WHEREAS, the City did not issue nor have issued on its behalf qualified mortgage revenue bonds during the calendar year 1984 nor did the City reasonably expect during calendar year 1984 to issue or have issued on its behalf qualified mortgage revenue bonds during calendar year 1985; and" Acting Director Knopinski stated a revised resolution and policy report would be prepared with the above langua ge properly inserted. Ms. Knopinski discussed Council Member Neal's suggestion to reevaluate the income criteria. Also, she discussed the limitation to the type of bor- rower that would be eligible. pany. ~s. Knopinski introduced Scott Pe ters on from Boettcher & Com- Mr. Peterson, 5401 E. Dakota, Denver, came forward. Mr. Pe terson stated Boettcher purchased the securities for loans to be avail- able at 10 3/8\. The monies will be distri buted to two real estate agencies and 90\ of the mon ies will go to first time home buyers. Mr • • I • • May 6, 1985 Page 9 • • .. Peterson stated the City was under no financial obligation for this issue. There were no further comments. MAYOR PRO TEM BRADSHAW MOVED TO CLOSE THE PUBLIC HEARING. Coun- cil Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 18 SERIES OF 1985 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 REVENUE CODE AND AUTHORIZING THE HIGHEST ELECTED ~ REPRESENTATIVE OF THE CITY TO EXECUTE AND PUBLISH SUCH REPORT. • MAYOR PRO TEM BRADSHAW MOVED TO PASS RESOLUTION NO. 18, SERIES OF 1985, AS AMENDED BY MS. KNOPINSKI. Council Member Silo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Hi gday, Neal, Vobejda, We ist , Bilo, Br adshaw , Otis. None. The Mayor declared the motion carried. * * * * * * * MAYOR PRO TEM BRADSHAW MOVED TO OPEN THE PUBLIC HEARING TO CON- SIDER THE REZONING APPLICATION FOR 3511 SOUTH DOWNING STREET (JAMES PLUMMER). Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw , Otis. Nays: None. The Mayor declared the motion carried • • I • • • May 6, 1985 Page 10 • • .. Assistant Director of Community Development (Planning) Dorothy Romans, home address 3600 South Bannock, came forward and presented the application for rezoning of 3511 South Downing from R-2 to B-2 submitted by Mr. and Mrs. Plummer. Assistant Director Romans entered into the record the notice of public hearing. Hr. Vincent Christano, attorney, representing Hr. Plummer, sub- mitted for the record the certificate of posting notice on the property, the applicant's plat, and request for rezoning. Hr. Christano stated the request for rezoning is for the purpose of converting the lot into park- ing spaces for Hr. Plummer's restaurant customers. Mr. Christano presented witnesses in favor of the rezoning. They were as follows: Arnold Anderson, 3560 South Downing Larry Rogers, Northglenn Joe Ho~uj' 35:~ ~h Corona Frank Schapew) 3372 South Pearl There were no further comments. COUNCIL MEMBER NEAL MOVED TO CLOSE THE PUBLIC HEARING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote re- sulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, We ist, Bilo, Bradshaw, Ot is . None. The Mayor declared the motion carried. ORDINANC E NO. 25 SERIES OF 1985 BY AUTHORITY COUNCIL BILL NO. 25 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE REZONING A PARCEL OF LAND LOCATED AT 3511 SOUTH DOWNING STREE T IN THE CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO, FROM R-2, MEDIUM-DENSITY RESIDENCE DISTRICT, TO B-2, BUSINESS DISTRICT. COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 25, SERIES OF 1985, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: I • • • May 6, 1985 Pag e 11 Ayes: Nays: • • • Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • • • • • • • * Assistant Director of Community Development (Planning) Dorothy Romans presented a 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 eastment be granted for the va- cated portion of West Warren Avenue, and that sufficient private property be dedicated for th e construction of a cul-de-sac on West Warren Avenue and South Rar itan Street. Ms. Romans entered into the record a copy of the quit claim deed for subject proper ty. Ms. Romans stated photo slides were available should anyone request to view the property and its surrounding. ORDINANCE NO. SERIES OF 1985 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 29 INTRODUCED BY COUNCIL MEMBER VOBEJDA AN ORDINANCE VACATING CERTAIN RIGHTS OF WAY ON WEST WARREN AVENUE AND ON SO UTH PECOS STREET IN THE CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO, AND ACCEPTING DEDICATION FOR CUL DE SAC ON SOUTH SIDE OF WEST WARREN AVENUE. COUNCIL MEMBER VOBEJDA MOVED TO PASS COUNCIL BILL NO. 29, SERIES OF 1985, ON FIRST READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, We ist , Bilo, Bradshaw, Otis. None. The Ma yor d eclared the motion carried . • • * • * • * I • ( • May 6, 1985 Page 12 ORDINANCE NO. SERIES OF 1985 • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 30 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING TITLE XI, CHAPTER 9, SECTIONS 9, 11, 12 AND CHAPTER 9.5, SECTION 3, OF THE ENGLEWOOD MUNICIPAL CODE 1969, AS AMENDED, IN- CREASING THE JURISDICTIONAL DOLLAR VALUE OF CERTAIN ORDINANCES PERTAINING TO THEFT AND BAD CHECKS. MAYOR PRO TEM BRADSHAW MOVED TO PASS COUNCIL BILL NO. 30, SERIES OF 1985, ON FIRST READING. Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weis t , S il o, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1985 * * * * BY AUTHORITY A BILL FOR * * * COUNCIL BILL NO. 26 INTRODUCED BY COUNCIL MEMBER SILO AN ORDINANCE AMENDING ORDINANCE NO. 18, SERIES OF 1985, TO CO RRECT THE PERMIT AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE CITY AN D COUNTY OF DENVER, ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS, TO CON- STRUCT AND MAINTAIN A WATER CONDUIT THROUGH THE CITY OF ENGLEWOOD. COUNCIL MEMBER SILO MOVED TO PASS COUNCIL BILL NO. 26, SERIES OF 1985, ON FIRST READING. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, We ist , Silo, Bradshaw, Otis. None. I • ( r May 6, 1 98 5 Page 1 3 • • • The Ma yor declared the motion carried. * * * * * * * Director of Engineering Services Diede presented a recommenda- tion to approve the award of bid for the Floyd Avenue overlay to western Paving Company, the low bidder for this project. MAYOR PRO TEM BRADSHAW MOVED TO AWARD THE CONTRACT FOR THE FLOYD AVENUE OVERLAY PROJECT TO WESTERN PAVING CONSTRUCTION COMPANY IN THE AMOUNT OF $32,031 . Council Member Silo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Silo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * Steve Bell from Hanif~, Imhoff presented a proposal that would effect a savings by ref in ancing outstanding general obligation water bonds. Mr. Bell anticipated a savings of $100,000 in debt service. RESOLUTION NO . 19 SERIES OF 1985 A RESOLUTION PROVIDING FOR THE NOTICE OF SALE OF GENERA L OBLILGATION WATER REFU IJDI NG BONDS, SERIES 1 985, OF THE CITY OF ENGLEWOOD, COLORADO, IN THE PRINCIPAL AMOUNT OF $5 ,180,000 AND PROVIDING FOR THE PUBLICATION AND MA ILING OF THE NOTICE. COUNCIL MEMBER NEAL MOVED TO PASS RESOLUTION NO. 19, SERIES OF 1985. Council Member Silo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Mr. Bell introduced Judy McBride who recently joined the firm of Hanifen, Imhoff. * * * • * * * • I • • May 6, 1985 Page 14 RESOLUTION NO. 20 SERIES OF 1985 • • .. A RESOLUTION AGREEING TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS TO FINANCE A PROJECT FOR S. BUD BRADY City Manager McCown noted there was no obligation on behalf o f the City to repay these bonds. COUNCIL MEMBER VOBEJDA MOVED TO PASS RESOLUTION NO. 20, SERIES OF 1985. Council Member Bilo seconded the motion. It was noted the issue met with the approval of the Urban Re- newal Authority. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 26 SERIES OF 1985 * * * * BY AUTHORITY A BILL FOR * * * COUNCIL BILL NO. 20 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE REPEALING ORDINANCE NO. 26, SERIES OF 1986, AND REPEALING CHAPTER 22 OF ENGLEWOOD MUNICIPAL CODE 1962 AND AMENDING THE ENGLEWOOD MUNICIPAL CODE 1969, AS AMENDED, BY ADDING NEW SECTIONS TO TITLE XXVI, KNOWN AS THE COMPREHENSIVE ZONING ORDINANCE , WHICH NEW SECTIONS INCLUDE INTRODUCTION; ADMINISTRATION OF THE ORDINANCE; PROCEDURE FOR INITIAL ZONING OF PROPERTY AND REZONING; RESTRICTIONS; R-1-A, R-1-B, R-1-C, SINGLE-FAMILY RESIDENCE DISTRICT; R-2 AND R-2-C, MEDIUM DENSITY RESIDENCE DISTRICT; R-2-C /S.P.S., SPECIAL PERMIT SYSTEM /MEDIUM DENSITY RESIDENCE DISTRICT; R-4 RESIDENTIAL /PROFESSIONAL DISTRIACT; I-2, GENERAL INDUSTRIAL DISTRICT; SIGN CODE; GENERAL REGULATIONS; NONCONFORMING USES; DEFINI- TIONS; AMENDING SECTION 16.4-8, AND RENUMBERING THE REMAINING SECTIONS OF THE COMPREHENSIVE ZONING ORDINANCE TO BRING THEM UNDER COVER OF TITLE XVI, AS AMENDED . • I • - • ( • May 6, 1985 Page 15 • • • MAYOR PRO TEM BRADSHAW MOVED TO PASS COUNCIL BILL NO. 20, SERIES OF 1985, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * Council Member Higday requested that the proposed licensing ordinance be placed on the next study session agenda. Council Member Bilo expressed concern on how the licensing ordi- nance would impact business people. * * * * * * * No further business was discussed. COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. There being no further business, the Mayor declared the meeting adjourned without a vote at 10:30 p.m. ~~~~(~ puty City Clek I • • • • May 15, 1985 Eugene Otis, Mayor Members of the City Council City of Englewood 3400 So. Elati Englewood, CO 80110 RE: 900 Block -E. Amherst Avenue Dear Mayor Otis: • • As you are aware, this particular portion of East Amherst Avenue gets very little use on a daUy basis. We are in agreement that paving of the street is imminent. We would prefer, however, that the street be kept nat'l'ow, with appropriate drainage to accommodate the problems on the Tates' property and avoid damage to the landscaping on the Rosvall side at the City Ditch. Our preference is a total street width which is narrow, one that would not exceed about 20 feet, including street and concrete curbing on either side to hold the asphalt in place. Our reasons for a narrow street are as follows: 1. Aesthetically pleasing. Narrow will look much better -more attractive, and lends itself to nice landscaping. 2. It would not be detrimental as far as affecting any trees. Mrs. Edna Tourtelot is especially concerned about her large tree on the south fence line of her lot. We really need to avoid root damage -the number and quality of trees in this neighborhood are a rarity in this City. 3. A narrow street has a tendency to discourage any unnecessary traffic. Con versely , with a wider street more people are apt to start down the street, ignoring the dead end sign. Our choices, in order of preference , are as follows: 1. A 16-foot street with a slope-back curb with gutter, with 3 drive-way cuts for Tourtelot, Sovern and Tate. Total width of usable driving not including curb would be about 19-foot. Total width from outside of curb to outside of opposite curb would be 20i foot. Aesthetically, we feel slope back is more pleasing. 2. A 16-foot street with 3-foot V-Pans on either side, for a total width of 22 feet. We are especially concerned about traffic coming around the corner, thinking they will drive on through, and when they hit the gravel, they usually stop and realize there is nowhere to go. If they are on a nice wide asphalt street, we could end up with someone in the ditch. Many of the people who think they will pass through are not driving at a reasonable or slow pace • • I • • • ,. Eugene Otis, Mayor Englewood City Council Members May 15, 1985 Page 2 • • • We suggest that the "Dead End" sign be placed further away from Ogden so that It Is visible to ears turning the comer, and that the sign be placed lower on the post to the eye-level of oncoming vehicles. The actual traffic volume per day on this piece of East Amherst amounts to 1-2 ears daily, max (except for those unfortunate souls who don't know It is a dead end.) The trash trucks back Into the street to coUeet trash and proceed forward upon completion, using basically the middle section of the street (they don't require tum-around space). We thank you for your patience and consideration of the East Amherst situation, and do look forward to your favorable response with respect to our wishes. Sincerely, Brad Ta:Jte V'7 <te /1.-'; ../:" . / ) ,-'-~ Carolyn Derrington-Tate ,/ ·~/I.J~ I&}~J,~-~Jc ~-T'Zr~elot () f'~..:/~, Rlek Rosvall Lindy Rosvall ;j-,,M; t c/ -o.S " . .£ (.. - • I • • • • • - ENGLEI.fOOD DO~~TOI>nl DEVELOPMENT AUTHORI"'Y 3535 S. Sherman -Englewood, CO 80110 MINUTES Apr:tl 10, 1985 9 Board Members Present: Coleman, Green, Kaufman, Mausolf, Neal, Oswald, Owens, Pendleton, Tomooka Board Members Absent: Holthaus Staff Present: P. Dietrich Guests and Visitors: Division Chief Al Stanley, Lieutenant Tom Vandermee, Susan Powers, Andy McCown The regular meeting of the Englewood Downtown Development Authority Board of Directors was called to order by Chairman Bill Pendleton at 12:01 PM on April 10, 1985. The minutes fr0111 the previous meeting were presented for approval. M'r. Kaufman moved, seconded by Mr. Oswald, to approve the minutes f rom the March 13, 1985 regular meeting. The motion was passed unanimously by voice vote. The Treasurer's Reports, dated February 28, 1985 and March 31, 1985, were pre- sented by Dan Green. Ms. Owens moved, seconded by Mr. Tomooka, to accept the Treasurer's Report. The motion was passed unanimously by voice vote. CHAI~AN'S REPORT Crime Prevention -Divis ion Chief Al Stanley presented to the Board several thou g hts and i deas regarding the safety of downtown business district. He in- dic at e d that the Police Department was anxious to solve any problems before they a r ose, and would be most willing to work with the EDDA regarding this. I t is i mportant to keep communications open. He mentioned that the Department has several shows about crime prevention and safety that are available to the public . If appropriate, s ome of these shows can be presented to the merchants and propert y owners in the downtown district. The Executive Director will pursue this • • I • • • Page Two Minutes April 1 0 , 198 5 • .. Chairman Bill P end l eton appointed a Task Force, with Fred Kaufman as Chair- man, and John Oswald, Barry Coleman, and Ken Mausolf as members, to c ontinue working on these problems . With the i ncrease in traffic and pedes trians in t h e downtown area be c au s e of the redevelopme nt project, it will nec es sitate more commun i cat ions and pr eventat i ve measures to prevent addit i onal crime. Public Improvements -Discussion was held on the cost o f t he theme l i ghting , benches and tra s h rec e ptacl es as presented by the Roecker Deisgn Group. For one side of on e block, the co st i s e s timated at $4 4,300 . This i nc l ude s installatio n. John Neal mov ed, seconded by Ra c hel Owen s , t o direct the EDDA STaf f and the Executiv e Comm i tt e e to c oordinate the design, purc hase, and installat i on o f the public improv ements f or the east side of the 33 00 block, east and west s ides of the 34 00 bloc k of South Broadway, for a cost of up to $135,000. Also, the Executive Committ e e i s authorize d to investigate any financial arrang ements that would be necessary to acc omplish this. Barry Coleman noted that he wanted to make sure that the smaller 'people presence' projects were still included in the work pro gram. J ohn Oswald i nd ica t ed t hat the 3200 block and the 3 500 b l o ck s hou ld b e the beginning of t he proj e c t are a, and some public i mprovements s hould be i nclud ed in these blocks to s often the approach to Trolley Square. J ohn Oswa l d moved to am end , s econd e d by Barry Coleman, to include the 32 0 0 b lo ck a nd t he 3500 block for some pu b lic improvements t o 'announce ' t he pro ject ar ea. Discussion followed . The qu es tion was call e d. The amendment was passed unanimously by voice vot e. The amended motion was then passed unanimously by voice vote. John Neal then moved, seconded by Fred Kaufman, to direct the EDDA Staff and the Executive Committee to appropriate up to $60,000 for land scaping for the east side of the 3300 block, and the east and west sides of t he 3400 block. This would also include a 'softening approach ' in landscaping for the 3200 block and the 3200 block of South Broadway. Discussion followed. The mo tion was passed unanimously by voice vote. Colorado Statewide Development Corporation -Rachel Owens noted that the new guidelines for these funds are changed. The State is planning on lending up to $2,000,000 at low interest, with a fairly quick pay ba ck, and then reloan these funds to the small businesses. By doing this program in this way, there would be no restrictions on the smaller sized loans . I • • • Page Three Minutes April 10, 1985 • • • Board of Directors -Terms of Office -Chairman Pendleton noted that the terms of office for Barry Coleman and Bill Pendleton will expire on June 30, 1985. John Neal moved, seconded by Fred Kaufman, to recommend to City Council that Messrs. Coleman and Pendleton be retained for another four year term of office on the EDDA Board of Directors. The motion was passed unanimously by voice vote. The Executive Director will send the appropriate letter to City Council. Executive Director's Review-Mr, Pendleton appointed the Executive Committee to review and evaluate the performance of the Executive Director, and make the appropriate recommendations. DIRECTOR'S REPORT - Property Inventory -Presently, there is a list of property that is available for sale and for lease. During the last month, the Director noted that there has been a tremendous response for this type of information. Loan Program -The Director distributed additional information regarding the changes in the low interest loan program for South Broadway. So far, there has been little additional response. Marketing Study -An update regarding the status of the ma rket ing study was distributed at the meeting. At this point, the s tudy is progressing on time, and we should expect an additional report at the Ma y Board meeting. As there was no further business, the meeting was adjourned at 1:35 PM. • I • • • • • • - MINUTES ENGLEWOOD, COLORADO BOARD OF ADJUSl~ENT AND APPEALS April 10, 1985 The regular meeting of the Board of Adjustment and Appeals began at 7:29 p .m. with Chairma n Fish presiding. 8 MEMBERS PRESENT: Seymour , Br own , Gage, Ferguson , Hallagin , Lighthall, Fish . MEMBERS ABSE NT: ALSO PRESENT: None. Dorothy A. Romans, Staff Adviso r Jack Olsen , City Attorney Mary Alice Rothweiler, Planner I * * * * * BOARD MEMB ER GAGE MOVED THAT THE HINUTES OF FEBRUARY 13 , 1985, BE APPROVED AS w'RITTEN. Board Member Ferguson seconded the motion . Upo n a vote , all seven members present voted in the affirmative, and the Cha irman ruled that the Minutes were app r oved as wri tten . * * * * * BOARD MEMBER SEYMOUR MOVED THAT THE FINDINGS OF FACT IN CASES UJ -85, AND 4-85 BE APPROVED AS WRITTEN . Board Member Gage seconded the motion. Upon a vote, all seven members 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 UB-85. He stated that the Boa rd is authorized to 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 an interpretation of a variance granted by the Board of Adjustment and Appeals in Case Number 243 , December 11, 1957, to permit construction of a 24 foot by 24 foot addition to an existing garage on the subject property, to be used for the parking of commercial vehicles, but not to be used for expansion of the existing manufacturing or business activities . The applicant is the City of Englewood. The Chairman asked that a representative of the City of Englewood come forward for testimony. Mrs. Dorothy A. Romans, the Assistant Director of Community Development in the Planning Division, who lives at 3600 South Bannock Street, Englewood, Colorado , was sworn in for t stlmony. She stated that there have been som complaints about the condition of the property at 375 West Bates Avenue. In checking the f lles for this cas , which go back to 1957, • I • - • • • • • -2- it is very unclear as to what was meant by the variance granted by the Board on December 11, 1957 . The tapes of the meeting are n o longer in existence; the file is not comple te. A Nonconforming Use was also ~egistered with the City at about that time. The City decided to bring all the available informa- tion t o the Board and ask fo r an interpretation and direction. She said that she h ad invited Mr. Walt Groditski, the City Code Administrator, Mr . Beryl Wallace, the Chief Building I nsp ec t or in 1957, and Mr . Bill Clayton , a former Board Memb er and an own er of property in the neighborhood, to present evidence to the Board. Mr. Hallag in as ked if there ha d been a numb e r of complaints as t o the condition of the property. Mrs. Romans said that th ere was a com pla int made to the City Councilman of the area, Mr . Bill Vobejda; and h e asked Code Enfo rcement to take care of the matt er . Mrs. Romans submitted a letter from a neighbor asking that the use of the pro perty be returned t o residential . The Chairma n, Mr . Fish, stated that, since this case is not adver sarial in nature, the Board would accept any testimony offered for cla rification. Mr. J . M. Finn ell , 284 0 Sou th Delaware Street, was sworn in for testimony . He said that he has lived at tha t address for 35 years, and did not remember seeing a sign notifying the neighborhood of the variance request in 1957. He said he woul d ha v e attend ed the meeting. He said that he had complained t o Mr. Vob ejda , because last summer the alley was blocked on the south end because the present tenant had piled gravel into the alley; and he could not move his ca r through the gravel. He complained t o City Hall and was told tha t this is a residential zo ne . The Code Enforcement Officer said he would take care of it. Mr . Finnell said tha t he h as always been friendly to Mr . Herbertson, a nd understands that he is allowed to park vehicles, but should not be allowed to park the big trucks. He said a business should no t operate in a residential zone, a nd asked that th e Board remove the business. Mr. Fish asked if there is a business being run at this property. Mr. Finnell said that it is a paving compa ny. They have, he said, a tar pot whi c h "stinks up the wh ole neighborhood" and is a nuisance , and it is run on a daily basis beginning a b out 7 :00 a.m . He said that after the posting notice was posted, the gravel was rem oved from the alley , although they load and unload gravel daily. Mr. Seymour asked if the gravel is in the right-of-way. Mr . Finnell said that it was , and takes up eight feet behind the garage. Mr. Ferguson said there were signs on Saturday that there had been gravel in the alley. Miss Lighthall asked if Mr . Finnell had seen the sign notifying the neighbors that a variance was being requested in 1957. Mr. Finnell said he had not seen th sign. Mr. Gage asked if the business is active all year long. Mr. Finnell said trucks were present all the time and also the gravel a nd tar are there all the year. The business is active during th day. There were n o further questions . The Chairman asked that any City Officials wishing to testify come forward . Walter J. Groditski, Code Administrator for the City was sworn in for testimony. He said h would like to give some of lhe history of the property. He said that he had notified Mr. Eucker regarding Lh violations a t the property . • I • • ( • • • - -3- The letter was included in the Staff Report, and was dated December 14, 1984. He said that, because the wording of the variance was so vague, he tried to enforce the Ordinance. The chief violations were that a business was being run from the premises all day and possibly into the night; four commercial vehicles in excess of the permitted size for residential areas were on the property, and there were more vehicles parked on the site than could be parked inside th e existing ga rage t o be shielded from view, as permitted in the variance. The Chairman said there was a copy of this letter in the Staff Report. Mr. Groditski said that it i s possible that some of the violations might be permitted under some interpretation of the variance and the Nonconforming Use, and that was why the matter was brought to the Board. Mr. Seymour stated that if there was a break in the Nonconforming Use, that Use would no longer be valid, although the variance would still be in effect. Mr. Fish asked the City Attorney if a variance could continue whether or not there was a break, and whether a variance was g r an ted to register the Nonconforming Use. Mr. Olsen said the Board should find as a matter of fact whether or not there was a continuing Nonconforming Use and whether there was any break in it, and then determine if there was any c hange in the Use, too. If there was a variance for this Use, and this Use is the same as it was; that would make a big difference. Mr. Ferguson stated that in the Staff Report on Page 2 it says that in April of 1958, the Board accepted Mr. Herbertson's verbal notice that he had complied with the request and had ceased operation of manufacturing on the premises. There were no further questions for Mr. Groditski. Mr. Beryl A. Wallace, 2724 South Broadway, was sworn in for testimony. He was the Chief Building Inspecto r from 1954 to 1969 . He referred to a letter in the Staff Report showing the neighbors' complaint concerning this property and owner, and stating that there was manufacturing going on . The neighbors were concerned that the industrial area nearby would encroach into the residential zone. He also referred to his letter to the City Manager, Mr. Rudd, which was included in the Staff Report, stating that the owner, Mr. Herbertson, was adding to the existing garage, and the ga rage and driveway at the rear of the residence were being used for the manufacture of drain tile, and the storage of various materials a nd equipment. The two lots north of th resid nee were also being used for this purpose. The Use was registered as a Nonconforming Use, a nd the additional ga rage was referred to the Board. Mr. Wallace stated that the property was posted prior t o the hearing on December 11, 1957, and there was a sign placed on the property as required by law. He stated that there were two h arings; one whi c h g ranted the variance for the addition to the garage for the parking of two dump trucks, but which stated that there could be n o increase of manufacturing or a business use; and the second at which Mr. Herbertson informed the Board that he would cease manufa cturin g tile. Mr. Fish asked Mr . Wallace if the granting of the variance was tied to the Board's understanding that the manufa c turing would cea se. Mr. Wallace stated that this was his understanding, and he did not believe that Mr. Herbertson did any manufacturing after that time. He did store his trucks there, and sometimes the crane, and for a while a bus . • I • • • • • - -4- There were no further questions, but the Chairman asked that Mr. Wallace remain for the rest of the hearing. Mr . Ernest Herbertson, from Las Cruces, New Mexico, was sworn in for testimony. He said he owns the property at 375 West Bates. He submitted Exhibits 2 through 12 as proof that the property was used for storage of equipment from before there was any development in the area, copies of building permits, variance request and other documents showing the history of the property. He said that the question is wh ether he is allowed to park anything on the extra two lots . There are four lots at 375 West Bates. There are two paved lots in front of the garage door. He said that Code Enforcement doesn't want anything parked on those two lots. He used to park his crane there , a nd the Englewood-Littleton bus line ran from there; once he parked fo ur buses there. Mr . Fish asked when these things were occurring. Mr. Herbertson showed the picture in the paper of his crane on the property in 1958 . He referred to the Record of the Zoning Board of Adjustment which stated that the equipment has been stored a t this location since 1938 . He stated there has never been a time since 1954 wh e n there wasn't some kind of equipment in that yard. Mr. Herbertson said that for a while he was not asked to sign the Nonconforming Use card; but this policy was c hanged; and he has sent in his cards for the last several years. Mr. Fish referred to the occurrence in 1958 when Mr. Herbertson stated that he would no longer use the premises for any manufacture or business. Mr. Herbertson said ther e never was any real manufacturing done. He had tried out a tile manufa cturing machine for a few weeks, a nd then sold the machine . Mr. Herbertson said that the asphalt business does not use a tar kettle. The roofing com pany which is about a block away is the one which makes the "smell" through the neighborhood. They have a tar kettle. Mr. Hallagin said there have been several complaints. The garage is supposed to be for the parking of two dump trucks. This is a residential distric t, and the neighbors think there are too many trucks. He asked if the property was rented to a lot of people. Mr. Herbertson said that Mr. Eucker is the only person to whom he has ever rented the property. Mr. Fish asked when Mr. Herbertson began renting the property, and when he had lived on it. Mr. Herbertson said he had built the house in 1945. He parked equipment on the property before he built the house. He talked to Mr. Wallace about the zoning, and that discussion was the rea son he built the house on that property because he wanted to run the crane business from that location. Mr. Herbertson parked all the equipment in the yard . He said there has never been a time when there was no equipment parked in the yard. He was in the bu sin ss for 35 -38 years. He went out of business about four years ago. He had a loader there that never left the property until after he had rented the property to Black Gold. He began renting the property to them about four years ago. Nr Eucker did not stay in the crane business, he does asphalt paving and patch work. Mr. Herbertson said, regarding the telephone ad in the Yellow Pages, that you cannot have a telephone number without the ad. Most of Mr. Eucker 's business is run from Littleton . The telephone is there in case something happens to one of the trucks , an accident or a breakdown. If someone calls for an estimate, they can radio Mr. Eucker who can go out and estimate the charge for a patch job. Mr. Herbertson said the request made • I • • ( • • • .. -5- for the variance in 1957, asked for a variance for a 24 foot by 24 foot garage attached to the existing garage for part of his transportation equipment. He said he owned two, two-ton dump trucks. Mr. Ferguson said this would indicate the garage was being built for the two dump trucks. Mr. Herbertson agreed and said the garage was used for that. There was also a lot of equipment outside the garage at that time, and there has been ever since. Mr. Ferguson said that it seemed to him that Mr. Herbertson either needed a much larger garage or the Board should not have required the housing of the two trucks in the garage. Mr. Herbertson said whe n he came for the variance, they asked him why he wanted the garage; and he told them it was for two dump trucks. He did not want to create a bigger business. He had hired only one man. He operated his crane himsel f , and most of the time he handled the dump trucks himself. He kept approximately the same equipment until 1981 when he rented the property to Mr. Eucker for Black Gold. Miss Lighthall asked if the City told Mr. Herbertson to build the garage and put the dump trucks into it. Mr. Herbertson said that the City had not requested the garage. He had always wanted a 24 foot by 48 foot garage. He could not afford it when he built the first half of the garage, but he did pour the floor. Later, when he wanted to add on to the garage, he had to have a new permit because the old permit had expired. His business was Herbertson's Mobile Crane Service. Mr. Fish said that the City Directory Listing seems to change over the years, and asked if there was ever really a change. Mr. Herbertson said he was always in business at this address, with the same name for his business. He said his wife may have answered the phone differently for the City Directory. Mr. Seymour asked how long Mr. Herbertson was in the drain tile business. Mr. Herbertson said about two weeks. Mr. Seymour said that the drain tile was listed on the Nonconforming Use application. Mr. Herbertson said that he was responding to the reque st to list all uses ever present on the property; but the drain tile business, if it was really a business, only lasted two wee ks . Mr. Seymour said that the registration for the Nonconfo rmin g Use was wr itten in Mr. Herbertson 's handwriting and it said the registration was for the manufacturing of drainage tile and the storage of equipment. Mr. Fish asked Mrs. Romans if the regis tration form gave Mr. Herbertson the right to those uses mentioned on the form. Mrs. Romans said the Nonconforming Use would be only fo r what is mentioned on that form. She said that the onus is on the City from that time on to send out a ca rd each year. Mr. Herbertson said the form asked for all the uses he ever had had on the property and that was wh y the drainage tile is mentioned. He said that he had misunderstood. Mr. Fish observed that Mr. Herbertson had given up the right to manufacture drainage tile. Miss Lighthall noticed that on the form Mr. He rbertson had checked that the use was present on the property before 1940. Mr. Herbertson said that he misunderstood the form , and had not manufactured drain tile except for the two weeks . • I • • ( ( • • .. • -6- Mr. Seymour asked when Mr . Herbertson had built the the house and garage, and what the use of the property had been before he bought it. Mr. Herbertson said he built in 1945, and the land had been zoned for agriculture. There were no furthe r questions. Mr. William Clayton, 3201 South Franklin, was sworn in fo r testimony. He stated that he was a member of the Board of Adjustment and Appeals for 14 years from October, 1957 to early in 1970 . He remembers this case because he lived a block east of the property from 1946 to 1953. He also owns four units in the 2800 block of South Delaware. He remembers Mr. Herbertson's crane and equipment. He confirmed Mr. Wallace's testimony that the v a riance was for a garage for two dump trucks. The Board never addressed the crane. He said that the Board considered at that time, as at the present, that there are rights of the property owner and rights of the neighborhood. The area was a transitional area, and was expected to become industrial. He said the neighbors, however, have held on firmly to the residential character of the area . Mr. Fish asked if the Board was aware of the cranes. Mr. Clayton said that he believed they were; however, the matter before the Board was the two dump trucks and the garage that was to house them. Mr. Ferguson asked if the purpose of the garage was for the storage of the dump trucks. Mr. Clayton said they did not limit the garage use to the two dump trucks. Mr. Ferguson said that if the garage could be used for anything, it would increase the business use. Mr. Clayton said that it was noted that the munufacturing or business could not be increased. Mr. Brown asked if there has been any criticism by the neighbors . Mr. Clayton said that one neighbor had told him that she was very tired of the truck traffic. Miss Lighthall asked wh y there was a variance request for the addition of a garage. Mr . Clayton said that the function of the Board was to rule on the validity of a ruling by the Building Inspector. Mr. Wallace returned to address the question. He said that it was not just a question of building a garage; there was to be commercial use, which he knew because of the size of the door to the garage . It was for the purpose of building a commercial garage in a residential neighborhood that the owner went to the Board. He said they did know about the cranes, but there had been no complaints . He did note that the business could not be expanded. Mrs. Romans said that the 1955 Ordinance began the Registration of Nonconforming Uses . This prope rty was zoned R-2-B, with a maximum percentage of lot coverage to be 30 %. It wa s possible that the house , garage, and proposed garage might have exceeded the 30%. In that Zoning Ordinance, it also stated , "in no case shall more than one commercial vehicle be stored, and the size of said commercial vehicle shall not exceed 3/4 ton carrying capacity ." Two trucks would not have been permitted after 1955. Mr. Chuck Eucker, owne r and operator of Black Gold, which does business at 375 West Bates Avenue, was sworn in for testimony. He said there are never more than five or six tons of gravel by the alley, and it is always pushed against the building. The gravel should never have been in the alley. He said that Majestic Roofing, a block away, is the cause of the tar smell in the neighborhood, not Black Gold • I • • ( • • • .. -7- Mr. Seymour asked if Mr. Eucker's business heats tar. Mr. Eucker said that it does not. They only park their trucks on the property and dispatch them. A girl comes in every day and answers the phone. He has four large trucks, three pickups and a little tractor, and a little asphalt roller, compressors , and o ne trailer. He stores two trucks in the garage sometimes, and all small equipment which is easily stolen. They put trucks in the garage for repair. Mr. Hallagin asked why the gravel is dumped in the alley. Mr. Eucker said that it is not normally in the alley, although the City grader does pick up a little gravel from the property to spread it on the alley road base. The g ravel should never have blocked the alley, and he doesn't think that it happened for very long. He said that they get their hot asphalt from various places around town and none is kept or manufactured on the property. Mr. Gage asked if there is a telephone in the garage. Mr. Eucker said that this has always bee n a business phone. He does not live at 375 West Bates; but a n employee, one of the drivers, does live in the house. One of the two phone lines is the one listed in the Yellow Pages --789-0822 . He has the secretary-dispatcher there most of the time, who watches the property and answers the phone. He says he really runs the business from his residence in Littleton . He files his taxes from the Littleton house. He has five or six employees most of the time. His business fills pot holes for the private sector and pours driveways. It is mostly seasonal work . He has done little work since Christmas. The employees may park their cars on the property during working hours. The business hours are from 7:00 a.m. to sometimes as late as 10:00 p.m. Mr. Finnell asked Mr. Eucker what the smoking thing behind the tru c k is-- a little machine with a gas burner, which stinks. Mr. Eucker said that it is a compressor. The bad smell is f rom Majestic Roofin g . The Chairman closed the Public Hearing, and recessed the meeting for ten minutes. The meeting reconvened a t 9:39 p.m. with all the members present. Mr. Fish stated that after the discussion, the Board would interpret two areas, the variance as granted in 1957, and the Nonconforming Use status whi ch was also granted about that time. Mr. Ferguson said that a variance runs forever, and the two dump trucks can always be stored in the garage . He said that any o ther use wo uld be an expansion of a business and he questioned the legality of the business. Mr. Fish asked for a motion to state: THAT THE VARIANCE GRANTED IN 1957 WAS GRANTED TO MR. E. M. HERBERTSON TO CONSTRUCT A 24 FOOT BY 24 FOOT GARAGE FOR TWO, TWO-TON DUMP TRUCKS WHICH MAY BE STORED WITHIN THE GARAGE. THE VARIANCE STATED THAT NO MANUFACTURING OR BUSINESS ACTIVITIES MAY OCCUR OTHER THAN THE STORAGE OF THOSE VEHICLES IN THAT GARAGE. Mr. Hallagin so moved; and Mr. Ferguson seconded the motion . Upon a vote, six members voted in favor of that interpretation, and Mr. Seymour voted against it. It was decided that Findings of Fact were unnecessary. Mr. Fish said that because the crane was never mentioned, it is illegal, and any change would also be illegal. • I • • ( • • • .. -8- Mr. Fish then asked for a motion stating that the followin g interpretation of the Nonconforming Use was the Board's interpretation: IN 1957, A NON CON- FORMING USE WAS GRANTED FOR THE MANUFACTURING OF DRAIN TILE AND STORAGE OF EQUIPMENT. IN 1958, MR. HERBERTSON ABANDONED THE ~~ACTURIN G OF THE DRAIN TILE, SO THAT USE WAS DISCONTINUED, AND CAN NO LONGER OCCUR ON THE PROPERTY, LEAVING ONLY THE NONCONFORMING USE REGISTRATION FOR THE STORAGE OF EQUIPMENT. THE NONCONFORMING USE WAS VALID THROUGH 1981, WHEN MR. HERBERTSON CEAS ED THE STORAGE OF THE EQUIPMENT FOR THE CRANE BUSINESS AND RENTED TO ANOTHER BUSINESS. THIS CONSTITUTED A CHANGE IN USE . THEREFORE, THE SECO~~ PART OF THE REGISTERED NONCONFORMING USE IS NO LONGER VALID, AND THERE S NO LONGER A RE GIS TERED NONCONFORMI G USE ON THIS PROPERTY. Board Member Seymour so moved, and the motion was seconded by Mr. Gage. Upon a vote, all seven members voted that the Nonconforming Use on 375 West Bates was no longer valid. Mr. Fish stated that two dump trucks may be stored in the garage, but no other comme rcial equipment may be stored, and no business may be run from the property. * * * * * The Chairman opened the Public Hearing for Case Number 5-85. He stated that he had proof of posting and publication, and asked that the Staff identify the request. Mrs. Romans stated that the applicants were requesting a variance from the Zoning Ordinance, Section 16.4-12 e (2) {d), which requires that any area subject to wheeled traffic or storage be screened from adjacent or adjoining residential districts by a closed-face wood fence, or block or brick wall. The variance, if granted would not authorize the operation of the auto repair business at 3986 South Broadway, but would make it possible for the applicants to apply to the Planning Commission for further consideration of a Conditional Use request. The Chairman asked that the applicant come forward for testimony. Mr. A. Philip Henke, 3986 South Broadway, was sworn in. He stated that, if there were a fence behind those two parking spaces, there would be a problem with moving vehicles in and out of the garage, and other vehicles not belonging to the shop would not be fenced in; and there would be no change in the appearance of the area. The parking designated for the auto repair service area is immediately north of the garage area at the rear of the building at 3986 South Broadway. This area is between two buildings, between the garage area and the rear of the building at 3984 South Broadway, the first building to the north. This would be a fence extended directly north off of the middle section only. There would be no way to get the vehicles in if a fence were there. Mr. Hallagin asked about the old cars parked behind the property. Mr. Henke said those belong to the car shop immediately south, which is in co ntrol of all of the rest of the parking on the property except for the two parking spaces between the two buildings for which they are asking the variance. Mr. Henke said that their two parking spaces are not causing the problem that needs to be screened. He said that the Planning Commission must have wanted them to fence off their two parki ng spaces, because those are the only spaces over which they have any con trol. Mrs. Romans said that there are three different businesses that are using the property. Little Wheels has control of all the parking except the subject two spaces. The Planning Commission expected the fence to be adjacent to the alley. The applicants cannot fence there because iL is not their area. The • I • • ( ( • • • • -9- Commission said that, if there was a change in the situation, the applicant could apply again for consideration of a Conditional Use. Mr. Gage asked where the clients and employees of the auto parts business can park. Mr. Henke said they park on the street. He said that cars would be repaired in the building, not on the two parking spaces. Mr. Seymour said that they were repairing on the parking lot when he went by the sub jec t property. Mary Alice Rothweiler, Planner for the Planning Division, was sworn in for testimony. She stated that Little Wheels would not be required t o screen the property because they were already in business when the Ordinance was passed . This case, she said, deals only with the two parking spaces granted to Caesar 's Auto Service. There were no fu rther speakers in favor of or opposed to the variance. The Chairman i n corpora t ed the Staff Report into the Record and asked for any further staff comments. There were none. He closed the Public Hearing for Case /15-85 . BOARD MEMBER SEYMOUR MOVED THAT A VARIANCE BE GRANTED TO A. PHILIP HENKE AND SHIU JEE J HA FOR PROPERTY LOCATED AT 3986 SOUTH BROADWAY, FROM THE ZONING ORDINANCE, SECTION 16.4-12 e (2) {d), WHICH REQUIRES THAT ANY AREA SUBJECT TO WHEELED TRAFFIC OR STORAGE BE SCREENED FROM ADJACENT OR ADJOINING RESIDENTIAL DISTRICTS BY A CLOSED-FACE \~OOD FENCE, OR BLOCK OR BRICK WALL. THE VARIANCE, IF GRANTED, WOULD NOT AUTHORIZE THE OPERATION OF THE AUTO REPAIR BUSINESS AT 3986 SOUTH BROADWAY, BUT WOULD MAKE IT POSSIBLE FOR THE APPLICANTS TO APPLY TO THE PLANNING COMMISSION FOR A FURTHER CONSIDERATION OF A CONDITIONAL USE REQUEST. Board Member Halligan seconded the motion. Mr. Ferguson asked that the motion contain mention of the two parking spaces so that Little Wheels would not be granted a variance so they would not have to screen their property. The Board decided this variance could only apply to the two parking spaces for Mr. Jha's business, and that an amendment was unnecessary. The members recorded their votes, but before they were displayed, the members gave their findings as follows: Mr. Seymour said they were concerned about encouraging small businesses in Englewood. Granting the variance would permit the applicants to go to the Planning Commission for a Conditional Use. The neighbors have not complained about the lack of screening. Mr. Hallagin voted "yes" so that the applicants could return to the Planning Commission. There seems to be plenty of parking. There is a hardship because the applicants are unable to screen. Mr. Brown voted "yes" because there is a unique circumstance here, and the variance is necessary so the applicants can reapply to the Planning Commission for consideration of the business as a Conditional Use. Mr. Gage voted "yes" because the applicant had a hardship on this particular piece of property. Miss Lighthall voted "yes" for the same reasons as the other members • • I • ( ' • • • -10- Mr. Ferguson voted "no" because, while the applicant did have a hardship, he felt that the motion was so vague that the variance might be extended to the alley . Mr. Fish voted "yes" co ncurring with the other affirmative votes. When the votes were displayed, there were six votes in favor of the motion, and one vote , Mr. Ferguson's, opposed. The Chairman ruled that the variance was granted. * * * * * The Chairman opened the Public Hearing for Case #6-85 . He stated that he had proof of publication and the posting of the subject property, and asked that the Staff identify the request . Mrs. Rothweiler stated that Geraldine M. and Delbert M. Clark, 3109 South High Street were requesting permission to construct an attached garage which will encroach nine feet into the 25 foot front yard setback required in the R-1-A, Single-Family Residence District. This is a variance from the Comprehensive Zoning Ordinance, Section 22.5-2 c (2), which states that an attached garage shall conform to the requirements of the Zone District in which it is located, and 22.4-2 h (2) (a), which establishes the front yard setback in the R-1-A zone at 25 feet. The Chairman asked that the applicant come forward for testimony . Mr. Delbert Clark, 3109 South High Street was sworn in for testimony. He stated that they want to co nstruct a two-car garage whi ch will be extended from the single- car garage existing now. The garage will look the same as the existing house as far as material is concerned. It will not protrude, he said, as it would be in line with the shrubbery on adjacent lots. Mr. Clark said he would use the existing garage as a shop, and the garage would be about 16 feet from the street. He said there is no alley, and no room on either side of the house for a garage; so he cannot build a garage in the rear, as he would like to do. Mr. Brown said that the garage looks well-planned. Mr. Ferguson asked lf the tree in front of the house would have to be destroyed. Mr. Clark said it would not be taken out, but will probably die anyway. There were no further people who testified for or against the variance. The Chairman made the Staff Report part of the Record, and there were no further Staff c omments. The Chairman closed the Public Hearing for Case #6-85. BOARD ~!EMBER BROWN MOVED THAT THE APPLICANTS BE GRANTED A VARIANCE FOR PROPERTY LOCATED AT 3109 SOUTH HIGH STREET, TO CONSTRUCT A GARAGE WHICH WILL ENCROACH NINE FEET INTO THE 25 FOOT FRONT YARD SETBACK REQUIRED IN THE R-1-A SINGLE- FAMILY RESIDENCE DISTRICT. THIS IS A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22.5-2 c (2), WHICH STATES THAT AN ATTACHED GARAGE SHALL CONFORM TO THE REQUIREMENTS OF THE ZONE DISTRICT IN WHICH IT IS LOCATED AND 22.4-2 h (2) (a), WHICH ESTABLISHES THE FRONT YARD SETBACK IN THE R-1-A ZONE AT 25 FEET. Board Member Gage seconded the motion. The members locked in their votes and gave their findings as follows: • 0 I • - ( • • 'V ( • • • • -11- Mr. Seymour voted "yes" because there was a hardship; there is no alley or access to the rear; the six conditions necessary for a variance to be granted were met; and there was no opposition from the neighbors. Mr. Hallagin voted "yes" concurring with Mr. Seymour. Mr. Brown concurred, adding that the Ordinance would not be weakened by the granting of the variance. Mr. Gage voted "yes", saying that the six conditions were met; there were letters of approval from the neighbors; and the variance would not al ter the zone district. Miss Lighthall voted "yes" concurring with the other members. Mr. Ferguson voted "yes" because the owner has a need for a two-car garage , and the six conditions were met. Mr. Fish concurred with the rest of the Board. The votes were displayed, and all seven· members had voted for the variance. The Chairman stated that the variance was g ranted, a nd the applicant could apply for building permits in the Building Division. DIRECTOR'S CHOICE. Mrs. Romans said that the proposed amendments to the Comprehensive Zonin g Ordinance will b e considered at Public Hearing by the City Council on April 22 , at 7:30p.m. BOARD'S CHOICE. The Chairman welcomed Miss Lighthall to the Board of Ad justment a nd Appeals. The meeting wa s adjourned at 10:37 p.m. Sheryl Rousses, Re cording Secretary • I • • • • • Englewood Parks and Recreation Commission Minutes of April 11, 1985 The regular monthly meeting of the Englewood Parks and Recreation Commission was called to order at 5:40p.m. by Chalnnan Poole at the Englewood Municipal Golf Course Clubhouse. Members present: Allen,Boardm.n, Gomes, Hlgday, Howard, Poole, Rademacher, Winkler, Romans, ex officio Members absent: Bradshaw Also Present: Doug Foe, Assistant Director of Parks and Recreation leon Kuhn, Assistant Director of Parks and Recreation David Lee, Golf Course Superintendent Chairman Poole asked If there were any additions or corrections to the minutes of March 14, 1985. There were none. A motion was made and seconded that the minutes be approved as presented. The motion passed. Director Romans reported that Director of Public Works Kells Waggoner spoke to a State Highway Department maintenance representative in an effort to Inform them of Englewood's concern with trash clean up at the Hampden Avenue and Santa Fe Interchange. Waggoner stated It will probably be necessary for him to follow up with a letter to the Highway Department. Assistant Director Kuhn stated that the State Highway Department recently did some clean up of the Interchange. Kuhn stated he was asked by Kells Waggoner and Executive Director of Urban Renewal Authority Sue Powers to determine a feasible temporary landscape plan for the 25,680 sq. ft. area on the east side of the Interchange. Kuhn passed out a memo to the Commission which described two alternatives for landscape of the Interchange: I) cover the entire area with Sea Spray Spreading Juniper, which Is low growing and will stay green all year; and 2) seeding with White Dutch Clover. Total costs for the projects, Including water taps, Irrigation system, soil amendments, etc ., would be $23,232 and $13,939 respectively . Commissioner Boardman entered the meeting at 5:45 p.m. Kuhn stated he would recommend alternative number two If any Improvement wa s to be made of the Interchange In two to three years. Commissioner Hlgday stated he believes the State presently has more pressing needs for Its highway funds, such as the Oxford, Quincy, and Dartmouth railroad crossings, and It will be some time before the Hampden and • I • ...... ( ( • Englewood Parks and Recreation Comml1slon Minutes of April 11, 1985 Page -2- • .. Santa Fe Interchange Is reconstructed. He did Indicate that he would like the City to go ahead with one of the alternate plans as presented by Mr. Kuhn. Kuhn felt that a fence of some kind along the west side of Clnderel.la City would help to keep the trash from the shopping center from collecting In the Interchange. Kuhn stated that much of the trash Is coming from the shopping center. After much discussion, Commissioner Boardman stated that If Director Romans could provide the names of State Highway personnel, he would contact them and attempt to find out their schedule for reconstructing the Hampden/Santa Fe Interchange so that the ~lty will be able to determine the most feasible plan for landscaping the Interchange. Board- man recommended that clean up of the Interchange continue until such time that he Is able to make contact with the State Highway Department end determine their Immediate plans for the Interchange. There was some discussion concerning a volunteer clean up program for the Interchange. Director Romans reported on some operating problems at the new recreation center. He stated that some lockers in the mens locker room were not being locked properly by center users and two blllfords were stolen . Romans explained that one locker had a defective catch and Is being replaced. Warning signs were posted In several places on the locker room walls for users to be sure lockers are secure and for users not to leave valuables In the locker room. Romans explained the cause of the chlorine surge at thu recreation center pool on April 5, 1985 necessitating evacuation of the building. Using a diagram, he explained the flow of the pool water and showed the location of the Inlets, pump, water filter and out- lets. He stated that, after examination of the chlorinator system, It was determined that • vacuum breaker was needed on the outlet pipe and the contractor, High Country Pools, Immediately Installed a vacuum breaker and installed a second backup breaker to Insure safety. Romans stated that the Insurance company for High Country Pools has requested that any medical bills from citizens who were overcome by the chlorine surge be sent to them . Commissioner Boardman requested a follow up report with regard to the handling of Insurance claims, etc . and stated that the claims should be handled quickly and without • I • • En'glewood Parks and Recreation Commission Minutes of April 11, 1985 Page -3- • • - ~ controversy . ( • Director Romans commended the staff at the recreation center on their quick action with regard to the safety of the public during the chlorine surge crisis. Commissioner Boardman suggested that a letter fr~ the Commission be sent to the staff members Involved and Instructed Chairman Poole to write such a letter. Assistant Director Kuhn Introduced the new superintendent of the Englewood Golf Course, David Lee. Dave briefly told the Commission of his background In the field of golf course maintenance and supervising. Commissioner Winkler entered the meeting at 6:~0 p.m. Assistant Director Foe related some minor problems at the recreation center and their solutions. He stated that It has been necessary to hire two additional employees on weekends to help control the large numbers of youth attending the center. Foe stated It has become evident that, with the long hours that the recreation center Is open every day, and with only two full time and one part time custodians, It will be difficult to do a thorough "deep clean" of the center, I.e., windows, carpeting, etc . Foe stated that a log Is being kept by the head custodian at the center In order to monitor the amount of time each day being spent on each project. He stated If It Is determined necessary, an evening contracted cleaning service may have to be considered to help allev- late the workload. There was some discussion concerning the parking spaces In the center parking lot being too small, the poor latches on the front doors, Improper regulation of hot and cold water In the showers, and the sauna be in g out of commission a large part of the time . Chairman Poole asked whether or not another recreation center sign can be Installed on Oxford and Kalamath since the one near the building cannot be seen from the street when the parking lot Is full. There was much discussion concerning a redwood sign to be placed on the street or the raising of the present recreation center sign. Director Romans stated he would check the possibilities with Gary Diede to see what can be done. With regard to Chairman Poole 's letter to City Council concerning purchase of the land north of the recreation center, Commissioner Hlgday reported that Council requested • I • • Englewood Pa .rks and RecreatIon C011111J ss I on Minutes of April 11, 1985 Page -4- • • • ~ City Manager McCown to check the possibilities of a sale or lease of that section of land ( ( • from Beatrice Foods and report back to Council as soon as possible. Commissioner Hlgday departed the meeting at 7:~5 p.m. Director Romans reported that City Council passed, on first reading, the agreement with South Suburban Park Foundation on the construction of the hike and bike trail from Hampden Avenue to Oxford Avenue. He stated that the City will make payment to the Found- atlon following Inspection of the completed trail, which will be In late Fall of 1985. Director Romans reported that City Council approved the pumps for the golf course to alleviate flooding In certain areas of the course. Romans stated that the pumphouse and piping to the river will be constructed within a few weeks, however there will be a four week delay In receiving the electric motors because they would need to come from the factory. Director Romans Invited the Commission, on behalf of City Forester Coleen Stowell, to attend the Arbor Day activities on Friday and Saturday at the Englewood Recreation Center. Under Commissioner's choice, Commissioner Gomes reported that the Tuesday and Thurs- day ladles evening fitness class Is being enrolled with drop-Ins over the maximum number of enrollment, making the conditions too crowded to exercise. Assistant Director Foe stated he would check Into the situation. There was some discussion concerning the purchase of the land west of Cushing Park, developing the acreage around Mclellan Reservoir Into a Water World-type facility, and a large slide recreational facility perhaps to be located on the edge of the golf course or Centennial Park. Commissioner Howard stated she has heard some objections from Individuals concerning senior citizens using the recreation center when they have the Halley Center available to them . It was the general consensus of the Commission that Halley Center does not have all the facilities, I.e ., swimming pool, track, etc., that the recreation center offers, and the recreation center was designed and built to be used by people of all ages. Dlr- ector Romans explained that the seniors were being scheduled on weekdays at low demand times which helps to round out use of the center . • I • • • Eng~ewood Parks and Recreation Commission Hlnutes of April 11, 1985 Page -5- • • • There was some discussion with regard to transportation to the recreation center for the youth of the city. Commissioner Gomes reviewed plans that have been made for the after-prom party at the recreation center the evening of April 27, and expressed concern that they could not bring In their own drink machine. Assistant Director Foe said he would check to be sure there would be no conflict with the contract between the City and the concessionaire since the Parent Advisory Committee plans to serve food and drink at the center for the kids. Gomes stated that because of liability, pool guards for that night will be provided by the Parks and Recreation staff rather than by the Advisory Committee. There was some discussion concerning miniature golf and the possibility of getting a miniature golf course for Englewood. Commissioner Genes questioned the attendance of the recreation center pool on Tues- day nights for what appears to be a small number of Hasters swimmers, which eliminates use of the pool by the public. Assistant Director Foe stated he would check Into the situation and report back. The meeting was adjourned at 8 :05 p.m. linda Wilks, Recording Secretary I . • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION April 16, 1985 I. CALL TO ORDER. The regular meeting of the City Planning and Zo ning Commission was called to order by Chairman Venard at 7:00 P. M. Members present: Beier, Carson, Magnuson, Stoel, Venard, Barbre, Gourdin Vargas, Ex-officio Members absent: McBrayer, Allen 9 n Also present: D. A. Romans, Assistant Director of Community Development S. T. King, Senior Planner II. APPROVAL OF MINUTES. April 2, 1985 Mr. Venard stated that the Minutes of April 2, 1985 were to be con- sidered for approval. Mrs. Romans pointed out that Messrs. Vargas and Olsen should be shown as being in attendance at the meeting of April 2. Also, on page three of the Minutes, Mrs. Romans noted corrections under "Director's Choice", these being the striking of the word "possible" in the second line, and in the fifth line, changing "and" to "or". Carson moved: Stoel seconded: The Minutes of April 2, 1985 be approved as amended on Pages #1 and #3. AYES: Carson, Stoel, Barbre, Beier NAYS: None ABSTAIN: Magnuson, Venard, Gourdin ABSENT: McBrayer, Allen Chairman Venard ruled the Minutes approved, as amended. III. GREGG HOMES, INC. Subdivision Waiver Parking Lot Layout Case 117-85 Case #8-85 Chairman Venard stated that the request filed by Gregg Homes is for con- sideration of a waiver to the Subdivision Regulations, and for considera- tion of the off-street parking layout. Mr. Venard suggested that both requests be consi dered during the one discussion, inasmuch as both cases pertain to the same property. Mr. Allen entered the meeting at 7:10 P. M . • I • • • • - -2- Mr. Venard asked if the staff had anything to add to the staff r eport . Mrs. Romans stated that the staff had nothing to add, but would answer questions posed by the Commission. Mr. Ve nard asked that the applican t come forward. Mr. Carson asked if the ap p licants we r e in receipt of th e staff report, and if they h a d read the report. Mr . J im Wagner, representing Gregg Homes, replied in the affirmative. Mr. Carson asked if the applicant agreed with th e recommended conditions contained in the staff report, and if they would agree to amend t h eir application to e ncompa ss the se conditions. Mr . Wagner stated that they would agree t o do so. Mr. Steel stated th at f rom viewing the plans s ubmitted with the staff report, the proposed development appears to be very nice. Mr. Wagner stated that this is the fi r st comme r cial development Gregg Homes has done, and they a r e trying to e mph asize design and appeal of the developme nt ; he noted that the City of Englewood is trying to up- grade the Santa Fe corridor, and they feel that th e proposed develop- ment will be an attractive addition to the area. Mr . Wagner stated that this location will be th e si te of their headquarte r s , and they will als o be leasing office/warehouse space to other businesses. The total development will be approximately 55,000 sq. ft . Mr. Allen inquired about the access to the property. Mr. Wagner stated that the access is from South Platte River Drive o n the west side . Mr. Venard asked if t here was f urth er discussion on the proposed sub- division waiver a nd parking layout . Steel moved : Carson seconded: The Planning Commission approve the request of Gregg Homes, Inc . for a waiver to the Subdivision Regulations as they would apply to property des c ribed as : That part of the West one-half Southeast quarter of Section 33, Township 4 South, Range 68 West of the 6th P.M., being more particularly described as fol- lows: Beginning at point of intersection of the South line of Northwest quarter Southeast quarter with Easterly right-of-way line of South Platte River Drive, said point being also the Southwest corner of a tract of land d esc ribed as Parcel A, in Book 1966 at Page 541; thence South 53 degrees 22' 56" East along the Southerly line of said described parcel a distance of 268.43 feet to a point on the Easterly line of a tract of land described in Book 1959 at Page 382; thence South 35 degrees 10 ' West along the Easterly line a distance of 370.5 feet to a point on the Southerly line of said described in Book 1959 at Page 382; thence West along said Southerly line a distance of 382.0 feet to a point on said Easterly right-of-way of South Platte River Drive; thence Northeasterly along said Easterly right- of-way line on a cu rve to the right whose radius is 896.28 feet and whose long chord bears North 34 degrees • I • • • .. -3- 33' East a Chord distance of 296.9 feet to a point of tangency; thence continuing along said Easterly right-of-way line North 43 degrees 54' East a distance of 302.16 feet to the Point of Beginning . County of Arapahoe, State of Colorado . Co ntains 3.3996 Acres mor e or less therein. The Planning Commission also approves the parking layout for the above described property as set forth on the Site Plan/Subdivision Waiver Plan filed by Gregg Homes. This approval is made with the fol lowing conditions, which have been agreed to by the applicant: 1. Curb, gutter, and sidewalk shall be installed to meet with City standards and approved by Engineering Se rv ices Department. 2. Utility plans indicated on the waiver plat shall be designed to City specifica tio ns, and approved by the Ut ilities Department . 3 . The Fire lane s hall be poste d no park i ng. 4. Development shall conform to all other City codes and requirements. AYES: Magnuson, Stoel, Venard, Alle n, Barbre , Beier, Carson, Gourdin NAYS: None ABSENT : McBrayer ABSTAIN : None The motion carried. Ms. King stated that the staff is very pleased with the cooperation that has been s hown by the a pplicant in de veloping the plans for th e proposed office/warehouse complex . IV . USED CAR LOTS CASE #10 -85 Mr . Venard asked Mr. Vargas and Mrs. Romans to discuss this issue. Mr. Vargas stated that City Council asked the staff to look into the proliferation of used car lots along South Broadway, and to present some options to control this type of operation. Mr s . Ro man s wrote a report setting forth two methods of control , namely making new and used car lots a Conditional Use , or by establis hing minimum lot sizes for such a use. Since the last Planning Commission meeting when this issue was initially raised, there have bee n f urther meetings with the City Council and with the City Attorney's Office . Assistant City At- torney DeWitt is drafting an ordina n ce setting fort h criteria for this type of use. The criteria will i n cl ude such matter s as the display of the vehicles on the lot, the square footage of the lot, landscaping requirements, and other pertinent guidelines . Mr. Vargas stated that as he understood it, the discussion is now centere d on whether this s hould be written as a separate ordinance to be i n co rporated into the • I • • - -4- Comprehensive Zoning Ordinance at a later date, or to try to have it drafted for consideration by the Council at the Public Hearing on April 22nd . The City Council has asked tha t the Co mmission study the problem of the used car lot proliferation, and submit a recommendation to them on a means of control of these uses. Discussion ensued. Hr. Vargas stated that there is a special study session on the Zoning Ordinan ce scheduled for Thursday evening, April 18th, and that Mr. DeWitt has indicated he wanted to have the draft of the proposed r egulations prepared by that time. Mr. Beier asked whether the proposed amendment would have to be published before the Hear ing before the City Council. Mr . Vargas stated that the ame ndment s that are made to the proposed zoning ordinan ce will be published after the Hearing; the meeting on April 22 is concerned with the Public Hearing, and is not the second reading of the o rdinanc e , which would re- quire publication. Mrs. Romans discussed a meeting that she had with Mr. DeWitt earlier on this date, and reported that it is Hr . DeWitt's proposal to draft regulations which would include new and used car lots as Conditional Uses in the Comprehensive Zoning Ordinance. Mrs . Romans pointed out that at the present time, automotive repair shops , laundry and polishing businesses are permitted as Conditional Uses in the B-2 District of the Comprehensive Zoning Ordinanc e. The proposal would mean that all busi- nesses relative to cars would be Conditional Uses in the B-2 Zone Dis- trict. This proposal would include both new and used car sales lots as Conditional Uses. An applicant would have to file a site plan, which would be required to show setbacks, landscaping, the number of spaces for cars that are for sale, parking for customers, parking for employees (these spaces need not be separately identified), but the total number of spaces provided must be indicated on the site plan. Bumpers of display vehicles may not be elevated more than four feet above the grade and the adjacent right-of-way. Lighting standards and signing will have to be shown on the site plan. Setbacks on cor- ner lots will be delineated in the guidelines. Mr. Allen asked if "minimum" lighting will be required under the pro- posed guidelines. Mrs. Romans stated that minimum lighting will not be required; but lighting plans will have to be s hown on the site plan. Mr. Allen asked about the parking surface of the lots. Mrs. Romans stated that the parking surface will have to be "hard surface". Mrs. Romans presented slides of th various used and new car sales lots along South Broadway, and pointed out probl ms which these car lots are causing, or could cause, such as bumpers protruding into the sidewalk area; cars being parked directly across the sidewalk area ; lack of maneuverability within the lots which could prohibit the access by emergency vehicles; no landscaping; signs co vering chain link fencing, etc. Mr. Carson questioned whether there would be a "grandfather clause" which would apply to the existing car lots along Broadway. Mrs. Romans stated there has been some discussion about including an "amortization period" whereby existing businesses would be given a set time to come into compliance with some of these criteria; if the business is not brought into compliance, it would have to be taken through the appeal process . • I • • • • • .. - -5- Further dis cussion ensued. Mr. Gourdin expressed concern about the auto sales lots depicted in che slides which were fenced with chain link fencing and barbed-wire fencing atop; he commented that it appeared "prison-like"; he asked what research had been done on the number of vehicle thefts these lots had experienced, and if any data had been collected to justify reduction of the number of vehicles that could be allowed on a lot of a given size because of access and maneuverability demands. Mr. Allen stated that most of the discussion has centered on the used car lots; he noted that the congestion can be just as bad on the new car lots. Mrs. Romans stated that the guidelines would also apply to new car sales lots. Discussion e nsued . Mr . Vargas stated that he felt City Council is looking for a recommend ation from the Planning Commission on control of the new and used car sales lots, and whether this proposed amendment should be incorporated into the Council public hearing on April 22nd. Mr. Vargas suggested that as soon as the criteria and proposed amendment is drafted by Mr. DeWitt, copies can be given to the Commission and they are wel- come to attend the public hearing on April 22nd, or a special meeting could be scheduled to review the proposed amendment. Mr. Stoel stated that he thought it would be wisest to have all auto- related businesses classified as Conditional Uses in the B-2 Zone Dis- trict. He questioned that anything could be done about existing busi- nesses, but that additional automotive-related businesses would have to meet the new criteria. Mr. Allen pointed out that a lot of the small used car lots change owner- ship every yea r, or more often; he suggested that whenever the ownership changes that perhaps the new owner could be required to conform to the guidelines. Stoel moved: Carson seconded: The Planning Commission recommend to City Council that all car-related businesses in the B-2 Zone District be designated as "Conditional Uses." Discussion ensued. Mr. Carson questioned that this motion would cover all points of the issue . Mr. Vargas stated that Mrs . Romans' report to him was background information, and that he is of the opinion that Mr. Stoel's motion is adequate. Mr. Barbre questioned if the Conditional Use category is approved, and a business is sold, can that business continue without reapplying for approval und e r the name of the new own er . Mrs . Romans stated that Mr. DeWitt is also considering a business licens e provision to apply to new and used car sales lots; this would provide a double approach to the proliferation problem. Mr. Allen asked if vehicle repair would also be restricted on these car sales lots. Mrs. Romans stated that vehicle repair would be per- mitted as part of the business, but such work would have to be done within a building . I • • • • • • -6- Enforcement of the provisions of this proposed amendment and other ordi- nances was discussed. Mr. Vargas mentioned some avenues that may have to be reviewed to ensure better enforcement of the various codes. The vote on the motion was called. AYES: Stoel, Venard, Allen, Barbre, Beier, Carson, Magnuson, Gourdin NAYS: None ABSENT: NcBrayer ABSTAIN: None The motion carried. V. FINDINGS OF FACT West Warren Avenue/South Pecos Street Right-of-way Vacation CASE /16 -85 Mr. Venard stated that the Findings of Fact on the vacation of the right-of-way along West Warren Avenue and South Pecos Street are to be considered for approval. Carson moved: Stoel seconded: The Findings of Fact on Case #6-85, right-of-way vacation on West Warren Avenue and South Pecos Street, be approved as written. AYES: Stoel, Allen, Barbre, Beier, Carson NAYS: None ABSENT: McBrayer ABSTAIN: Vena rd, Magnuson, Gourdin The motion carried. * * * * * The meeting recess ed at 8:10P.M., and members moved to Conference Room A, where the meeting reconvened at 8:15 P. M. VI. GOALS AND OBJECTIVES. 1985/1986 * * * * * Mr . Venard stated that the Commission has a copy of the tentative goals carried over from 1984; he asked the pleasure of the Commission in con- sidering the goals and objectives. Mr. Allen addressed the issue of TRASH COLLECTION, and discussed a meeting that he had with City Manager McCown o n this issue. Mr. Beier asked if DRCOG was looking into the matter of a regional trash collec- tion program. Mr. Vargas stated that he understood that DRCOG had looked at this issue several years ago; at that time, Denver was con- sidering an incineration program, and the conclusion was reached that it was not cost-effective at that time. Mr. Vargas stated that he felt the matter of trash collection/incineration is a regional problem, and I • • • • - -7- that, hopefully, DRCOG will participate in a regional solution; however, if a regional solution is not feasible, then each governmental jurisdic- tion will have to do something. Mr. Vargas suggested that perhaps the Commission should develop a multi-year plan, and set goals fo r each year such as collecting background material for year one, requesting a feasibility study in yea r two, etc. He suggested that a five-year plan might be feasible; this would enable some of the less expensive back- ground work to be completed before getting into the heavier monetary end of the program. Mr. Stoel pointed out that the Commission has already gathered a con- siderable amount of background material on trash collection, and that their information has not been well received by th e City Council . He asked how the point can be made that trash collection and disposition is a very real problem, and must be addressed. Mr. Carson suggested a recommendation from the Commission to the City Council that monies be appropria t ed for trash pickup and incineration. Mr. Allen disagreed with Mr. Vargas's proposed multi-year program, noting that when he was mayor of Englewood in the late 60 's or early 70's, the issue of trash collection was discussed with DRCOG; nothing has been done since that time, and he strongly opposed further delay and postponement in dealing with the problem. Mr . Allen noted that efforts are underway in Englewood to clean up Little Dry Creek and im- prove the drainageway through the downtown; howev e r, without an adequate trash collection and di sposal system, maintenance on the lakes and ponds along the Creek will be prohibitive, as well as resulting in a very un- sightly waterway. Mr. Allen suggested that the City Council should furnish sufficient funds to determine the proper route to pursue; at a very minimum, the City should have a City-w ide trash collection system, possibly contracted o ut, and have it billed back to each property owner on their water bill. As a second proposal, the City could buy the equip- ment and hire the personnel to do the trash pickup; he suggested that a bond issue could be floated to acquire the equipment and the proceeds from the trash pickup could be used to retire the bonds. Mr. Allen stated that the matter of trash disposition is also of vital concern , noting that landfills are fast becoming full and are closing; others in nearb y proximity are not being opened, and the greater a dis- tance the collector has to travel to the landfill, the greater the cost of trash collection; the greater the cost of the collection service , the more people who cannot afford the service and will ei ther impose on com- mercial dumpsters, or not bother to dispose of their trash in any manner. Mr. Allen pointed out that if an incineration program were to be de- veloped, this would greatly reduce ~he amount of refuse that is to be taken to the landfills . Mr. Beier agreed with Mr. Allen's premise on the landfills, noting that attempts are now being made to close the landfill in Douglas County that has been used by the local trash collectors. Discussion ensued. Mr. Venard suggested that an "action" plan on the matter of trash col- lection could be to request a mandatory trash pickup program. Mr. Allen stated that he felt funds should be requested to "get the show on the road". Mr. Venard suggested that the Committee which was active last year on the matter of trash collection should continue to meet and draft a letter to the City Council on this matter . I • • • • • -8- ~!r. Vargas suggested that the Committee should de velop a sched ule out- lining specific reque sted steps; he stated that he is of the opinion that City Council is not opposed to trash coll ec tion, but that funding is very restricted a t this point in time. Mr. Stoel suggested that the Committee might also inquire to determine what the City of Littleton is doing in th e matter of trash collec tion. Mr. Venard suggested that Mr. Gourdin also serve on the Committee with Messrs. Allen, Carson and Stoel; he not ed that Mr . Gourdin is now employed by the Colorado Department of Health, and has worked in the past with the EPA, and that h is background could prove to be of aid on t hi s issue . Mr. Gourdin suggested that the Committee should co nta ct EPA, that they do have a data base of information that might be of assistance . He further stated that he was s ure speakers c ould be arranged to add r ess the Council and Commission to discuss specifics i n the matter of trash collection/disposition. Mr. Vena rd s ugg es t ed that the Committee get together and develop a plan of action, and report back to the Commis sion . Mrs. Romans stated that Mr. Chambers of PSC has di scussed energy co n- version with her, and is putting togeth e r a packet of information fo r the Commissio n. Goal #2 , REVIEW OF THE SWEDI SH HOSPITAL MASTER PLANS AND POTENTIAL IM- PACT ON NEIG HBORHOOD, was dis cussed. It was suggested that the Commis- sion meets with the Swedish Board of Directors periodically , and that this be monitored on an i n formal basis. Goal #3 , DEVELOP A PROMOTION PLAN FOR ENGLEWOOD UTILIZING THE NEW BROCH URE, was consid ered. Mr . Ca r son discussed a conversation he had recently with Public Relations Specialist Dorothy Dalquist, and suggested that this is probably two to three yea rs in the future. Goal #4 , REVIEW REPORT BEING GENERATED REGARDING CITY TRAFFIC PATTERNS. REVIEW THE MASTER STREET PLAN FOR NECESSARY CHANGES, was then considered. Mr. Beier noted that the City does not seem to be "pedestrian-oriented" particularly in the timing of the signals to cross Broadway a nd other streets. Goal #5 , ESTABLISH A SOLAR ACCESS ORDINANCE, was discussed. Mr . Venard stated that some research has been done on this issue, and that sample ordinances from other cities have been submitted to the Commission. Mr. Vargas stated that the City Attorney is looking into ramifications of a solar access ordinance at the presPnt time . Goal #6, INITIATE STUDY TO DETERMINE THE FEASIBILITY AND SOURCE OF FUNDS FOR OXFORD PARKWAY FROH BROADWAY TO SANTA FE (MEDIAN), was discussed. Mr . Carson pointed out that he was aware that the City Council will op- pose restriction of on-street parking along Oxford Avenue. Mrs. Romans pointed out that Oxford has a 100-foot right-of-way from Broadway west to South Santa Fe, and questioned that there would be a need for parking restriction on-street . • I • • • • - -9- Goal #7, IDENTIFY AREAS TO ANNEX THAT WOULD BE OF BE NEFIT TO THE CITY . ENCOURAGE ANNEXATION OF THE IDENTIFIED AREAS, was considered. Mrs. Romans reviewed information on areas where annexation might be feasible, which has previously been submitted to the Commission . Mr . Vargas sug- gested that a report citing advantages vs. disadvantages to a nn exation be prepared for each parcel; that this report be give n to the Planning Commission and then to the City Council . Discussion e nsued . Mr . Carson suggested that on areas where emergency services f rom Englewood respo nd even though the property is not in th e corporate City limits, the property ow ner be bil l ed for those services . Mr. Va rgas stated that the re are instances where that has been done. Goal #8, HOLD JOINT MEETINGS WITH CO~miSSIONERS OF ADJACENT CITIES . DEVELOP AND IMPLEMENT EDUCATIONAL PROGRAMS FOR OUR COMMISSIONERS , was discussed . Mr. Venard stated that the Commission has met with Sheridan , and that a meeting with the Littleton Planning Commission has been added back to the list. Goal #9 , COMPLETE REVIEW OF SUBDIVISION REGULATIONS, was considered . Mrs. Romans stated that this will be done following the completion of the Comprehensive Zoning Ordinance review . Goal #10, REQUEST MEETING WITH CITY COUNCIL; FINALIZE AGENDA SUGGESTIONS FOR SUCH MEETING , was co nsidered. Mr. Venard stated that he hoped the Commission would h ave a n opportunity to meet with the Council in 1985 . Goal #11 , STUDY ZONE CHANGES AND CONSIDER REVISIONS OF THE ZON I NG MAP, was considered . Mrs. Romans stated that she is suggesting a tour of the city and viewing areas where the staff is concerned about the zo ning. Mr. Beier discussed a concern about sub-standard housing in Englewood; he noted that some of the smaller homes were bu1lt 40 to SO years ago , yet they "seem to be issued building permits for 'improvements' willy- nilly". He stated that he is of the opinion that such sites should be infilled with larger homes , and noted that in 1986 the assessment of property will change in Colorado to an actual cas h value assessment. He stated that the improvement of the small, substandard, or alley houses is not really an "improvement", and would affect the assessments for the City. Mrs. Romans stated that it is th policy of the City that if a house can be brought to xisting Code, and make it safe , habitable housing, permits are issued and work proc eds. Mrs. Romans suggested that the City cannot tell someone thev cannot occupy a house just because it is a small all y house. Mrs. Roman discussed the Housing Rehabilitation Program, the intent of the program , and the success of the program in bringing ov r 200 dwelling units up to Cod , or enlarging them and im- proving the housing stock in Englewood. Mr. Vargas discuss d the guid lines under which the Housing Rehab Program operates, noting that there are instances wherein the work needed on a structure exceeds the amount that can be loaned or granted, and discussed the efforts of the staff to do whatever can be done to be of assistance to the property owner. • I • - • • • • -10- Mrs . Romans discussed the housing incentive plan which was discussed by the Comprehensive Plan housing committee , whereby properties could be clear ed and a de nsity bonus given. Mr . Stoel stated that he did not think there is that much subs tandard housing in Englewood; further that the price of lan d is now high enough that the building on the site i s not th at impo r tant . further b ri ef dis-cussion ensued. Goa l #12 , REVIEW HANDBOOK, was conside red. Mr s . Romans stated that work i s star ting on this, and that the City Attorney will go through the Hand- book . This is a revision to bring the Handbook up -to-date . Mr. Stoel stated that he would like to propose Goal #13 , SATELLITE DISHES, be added to the list . He felt this should be investigated to see if it is or could be a problem in the foreseeable fu ture. It was agreed to add this item to the list of Goals. Mr. Magnuson stated that he would like to suggest that Goal #14 be ARCHITECTURAL DESIGN REVIEW . He stated that this matter was mentioned in Mrs. Romans' list of Goa l s for 1985, and he felt the Commission should also co nside r this. He stated t hat he feels there is a d efi nite need for architectural review in Englewood . Mr. Allen exp r essed his opposition to architectural design review, not i ng there are too man y restrictions on builders now. Mr. Stoel stated that he would be in- terested in a pre sentation on the architectural design r eview , but want it applie d only to commercial/i ndu s trial zone districts. Mr. Ve nard asked for a show of hands on interest in architectural review: 7 mem- bers indicated they wanted more information, 1 membe r indicated opposition. Mr. Venard asked if there were other i tems to be proposed for the goals list . Mr. Allen asked how the City enforced the litter o rd inance . Mr . Vargas stated that someone can be cited into court for litte ring . Mr . Magnuson asked whe n Safeway 's landscaping was to be i n. Ms. King stated that it is to be in by June 1 . Mr. Ve n ard asked Commission members to r eview the goals submitted by Mrs. Romans and Susan King. He stated that he has some conce rn on the length of the goals list, and pointed out there is Still a need to prioritize the items. VII. DIRECTOR'S CHOICE . Mr . Vargas stat d that City Council has scheduled a public hearing on the rezoning of 3511 South Downing (Plummer Rezoning) for May 6 t h. Mr. Vargas reported that City Council passed a re solution of intent to issue Mortgage Revenue Bonds, joining a consortium of five c ities for a total issue of approximately $17,000,000. These f unds will be targeted to the ARRP program through the Housing Division , and will be for the pur- chase of these homes; this is not a City bond issu , and the City of Lakewood will be the lead issue r. Interest rates will be between 10.5% a nd 10.75%. Income level is $37 ,000 maximum, with an additional $1,000 fo r each dependent. • I • • - • • • • -11- VIII . COMMISSION'S CHOICE. Mr. Venard announced Arbor Day ceremonies to be held Friday , April 19, 1985 at 10:00 A. M. at the Englewood Recreation Center. He asked if any member of the Commission could at t end these ceremonies. Mr. Gourdin volunteered to do so. Mr. Venard stated that the next meeting of the Commission will be May 7, 1985 . The meeting adjourned at 9:50 P. M. • I . - • • • • • 9 mGI.&iOOD LIQUOR LI~E AtmiORITY MINUTES April 24, 1985 '' '1be meeting was called to order at 7:30 p.m. PRESEm': Heinle, Wnders, l'tLaughlin, Styes. ABS ENT: Patterson. The Chair declared a quorum present. The minutes of the following meetings were approved as read: a) Meeting of January 24, 1985 b) Meeting of February 20, 1985 c) Meeting of April 10, 1985 • • • • • The Authority received the application for a 3.2 Beer License from Mini-Hart, Inc. at 4596 South Federal Blvd. Hr. Alan Dill-s present. Hr. Dill is the applicant's legal counsel. Hr. Dill provided infonnation concerning the status of sane pending applications that have been subnitted to other local authorities in the Denver metro area as well as background infonnation on past applications in the State of ~oming. Hr. Dill acknowledged that no manager had been appointed to this store. However, he anticipated appointment before the hearing. The Authority noted the manager appointee would be expected to be at the hearing. Boundaries for petitioning were designated as: North to Oxford South to Belleview East to Platte River/Santa Fe West to Lowell The Authority set the ~lie hearing date for Wednesday, Hay 29, 1985, at 7:30 p.m. in the Council Chambers. • • • • • • I • - - • • • • Englewood Liquor Licensing Authority April 24, 1985 Page 2 • • • Assistant City Attorney GrLmm gave a report concerning Southland Corporation litigation with the Internal Revenue Service. Hr. Grimn infotmed the Authority that Southland Corporation was appealing the matter before the u.s. COurt of Appeals, and the timeframe for hearing was unknown. HEINLE I'I)IJID, I'CIA(X;HLIN S!X:XJNDID TO APPROVE 'nfE REtiDiAL <F A 3.2 BEER LICm5E TO S01JrHI.ANo Cl>RPORATION, SEVm ELE.VEN STORE, 2705 SOUTH BROADWAY PENDI~ 'nfE <Xm:n1E <F 'mE APPFAL BEFORE 'nfE U.S. COURT <F APPEALS. Ayes: Heinle, M=La119hlin, Styes. Nays: None. Abstain: Lunders. Absent: Patterson. The Chair declared the motion carried. * * * * * The Authority read and approved the letter drafted by Hr. Grimn notifying Mr. Jose Corral of the show cause hearing in the matter of renewing Hr. Corral's liquor license. * * * * * There was no further business and the meeting adjourned at 8:25 p.m. ~~cr~ tY City Clerk • I • r • ORDINM«::E NO.& SERIES OF 1985 • • • BY AtmfORITY COUNCIL BILL NO. 26 Im'ROOOCID BY COUNCIL MEMBER BILO 9 AN ORDINM«::E AMmDING OROINM«::E NO. 18, SERIES OF 1985, 'ro CORRFrT THE PERMIT AGREEMENr BE'IWEEN THE CITY OF ENGL&lOOD ~ THE CITY !a) COUNTy OF DENVER, ACTING BY ~ 'J'HRO(X;H ITS BOARD OF WATER CCH1ISSIONERS, 'ro CONSTROCT AND MAINTAIN A WATER COODUIT 'I'HROtX;H THE CITY OF ENGL&lOOD. 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 COmmissioners, to construct and maintain a water conduit through the City of Englewood; and WHEREAS, the Board of Water COmmissioners of the City and County of Denver requested that page 3, paragraph D, of the Permit Agreement be changed; NJW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIIL OF THE CITY OF ENGLFli'(X)[), COLoRADO, AS FOLLOOS: Section 1. The 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 COmm issioners, as follows: D. The City and County of Denver, aA8 ACTING BY AID 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 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. • 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 Englewood and City Council. Introduced, read in full, and passed on first reading on the 6th day of May, 1985. 1985. Published as a Bill for an Ordinance on the 8th day of May, Read by title and passed on final reading on the 20th day of May, 1985 . Published by title as Ordinance No. __ , the 22nd day of May, 1985. Series of 1985, on Attest: Eugene L. otis, 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 the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1985. --- Gary R. Hlgbee • l · I • • r • • • • PERMIT AGREEl'lfNI' THIS AGRE:El'lfNI', entered into as of the day of 1985, between the CITY OF ~LEWOOD, COr..o RAOO-;--amlln icipal ___ _ corporation (hereinafter "City" or "Eng lewood"), and the CITY AN:> COUNTY OF DDNER, a mllni cipal corporation of the state of Colorado (hereinafter "District"), for the use of its Board of Water Cannissioners (hereinafter the "Board ''), WITNESSETH WHEREAS, the City and County of Denver, acting by and through its Board of Water Comm issioners, desires to construct, operate, and maintain a thirty-inch (30") water main, known as Conduit Number 135, under and across certain roads, streets, and property in the City of Englewood, Colorado, descr i bed as follows, to wit: Beginning at a po i nt 29.80 feet West and 27.17 feet North of the Southwest corner of Sec tion 8, Townsh i p 5 South, Range 68 West of the 6th Prime Meridian, Arapahoe County, Colorado; thence North 90o 00' 00" East, 27.17 feet North of and parallel with, the South line of the Sou thwes t quar ter of said Section 8, a distance of 134.80 feet to a po int; thence South 45o 00' 00" East a distance of 24.28 feet to a point; thence North 90o 00' 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 po int ; thence South 45o 00' 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. AN) WHEREAS, the City agrees to grant said righ , permit and license under certain terms and cond iti ons; NOW, 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 i nvolved, and the least poss i ble 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 private street, alley or right-of-way be obstructed to travel for a continuous period of more than four (4) days. During the construction and maintenance of sa i d cond uit , 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 Eng l ewood any pipe, materials or equi{XIIe!lt used in construction and ma i ntenance 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 from 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 worlananlike manner and all expenses incurred therei n shall be the sole responsibility of the Board. c. All excavation and construction, installation and maintenance work which the Board shall undertake pursuant to thi s permit shall be subject to the inspection by a competent and qualified inspector who shall represent the City, and the Board agrees to canply with all reasonable requests thereof in the performance of said work. All such work shall be performed so as not to interfere with or damage any ut ility lines owned by the City or private utilit i es existing with i n such street. After each excavation, the street shall be refi lled; the upper nine (9 ) inches of fill shall consist of asphaltic concrete surfacing, surfaci ng to apply where existing surfacing is d i sturbed. Al l of the aforesaid work shall be free from settlement arisi ng out of any excavation and performed withi n the l imits of the trench exc avation . '!here shall be properly designed concrete encasements requ i red at each pipeline crossing o f sanitary sewer l i nes and wa ter lines so a s t o eliminate foreign pressure and stresses upon t he Eng lewood sewer and wat er i nstalla tions. '!he fo regoing sha ll be s ub ject to the appr ova l of a r e pres e ntative of the Director of Publ i c Wo rks of the Ci ty o f J:l'lgl ewood, Colorado. Any consequential damage to side s treets, the surface or installations thereon, approach i ng the 2 \ ' I . r ·- • • • • various intersections with the right-of-way hereinabove granted because of pipe and material storage and heavy equipment movement or from other causes, shall be repaired or replaced in their original condition at the sole expense of the Board. D. 'nle City and County of Denver, acting by and through its Board of Water Commissioners, successors and assigns, shall , at all times, save and keep hacnless the City of Englewood and its City Council and other officers and employees from any and all damages that may in any manner arise from the granting of this pecnit 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 pecn i t herein expressly defined and set forth, nor shall anything in this agreement be construed as granting an exclusive privilege to the Board, it bei ng 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 neutral i ze or remove 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 Eng l ewood, Colorado, or any inhabitants thereof. H. 'nle conditions contained herein shall apply to the agents, contractors, sub-contractors , heirs, s uccessors, assigns of any other entity having been granted "dan inion" over the facilities by the Board. The Board agrees that violation of this pecnit by any of the above mentioned shall give the City the right to void this permit and neutralize or remove any facilities permitted herein at the sole expense of the Board or its hei rs, successors and /or assigns. 3 I • • • • • • IN WITNESS WHEREOF, the parties have signed this agreement as of the day and year first above written. A'M'EST: Gary R. Higbee, ex officio City Clerk-Treasurer APPROVED: Director of Eng1neering APPROVID AS TO E'<R"': Legal D1v1s1on 4 CITY CF EN:iL~<XX), COLORADO By~~---=~~~~~-Eugene L. Ot1s, Mayor CITY AND COUNTY CF DENVER, Acting by and ntrough Its Board of Water Commissioners By------------~~~~ Manager I I I . - r • • • • 9 BY AlJI'HORITY ORDINAN.:E 00. c; g SERIES <F 1985 COOOCIL BILL 00. 29 IN'I'RODI.X:ED BY COONCIL MEMBER VOBEJDA AN ORDINAN:E Vl\CATI~ CERTAIN RIGHTS OF WAY ON WEST WARREN AVENUE AID ON S<XJI'H 1"&:00 STREET IN 'mE CITY OF ~LflolOOD, COUNTY OF ARAPAHOE, STATE <F COLORADO, AND ACCEPT!~ DEDICATION FOR CUL DE SAC 00 S<XJI'H SIDE OF WEST WARREN AvmJE. WHEREAS, Craig Dodson, General Partner of Dodson-Thcrnas Investments, owner of the property on West Warren Avenue and 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, 'lbe streets proposed to be vacated form the camlOn boundary of the City of Englewood and Arapahoe County with the City and County of Denver; and WHEREAS, Arapahoe County Cannissioners 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 i s such that access cannot be gained frcrn the streets proposed to be vacated; and WHEREAS, an easement for utilities is to be maintained in ~~e vacated portion of west Warren Avenue for future utility lines; and WHEREAS, the Englewood Planning and Zoning Cannission approved the vacation and dedication at their April 16, 1985 meeting; NCM, 'mEREFORE, BE IT ORDAINED BY 'mE CITY COUOCIL OF 'ruE CITY <F ~flolOOD, COLORADO, AS F'OLL<l<IS: 1 I • • n • • • • • Section 1. 'Ihat the following described rights of way on real property situate in the City of Englewood, 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 Englewood 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 facilities on the following described property: Ccmnencing 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 BEGINNING; 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 Beg inning, 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 folloWlng described real property from Dodson-Thomas Investments for cul de sac on south side of West Warren Avenue by quit claim deed: Ccmnencing 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 BEGINNING; thence on a non tangent 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 May, 1985. Published as a Bill for an Ordinance on the 8th day of May, 1985. Read by title and passed on final reading on the 20th day of May, 1985. Published by title as Ordinance No. __ , the 22nd day of May, 1985. Series of 1985, on Eugene L. 0t1s, Mayor Attest: ex off1cio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the Ordinance passed on final reading and published by title as Ordinance No. __ , Series of 1985. Gary R. Higbee 3 • I • • - • • • • • OROINAN:E NO. c;q SERIES OF 1985 BY AUI'HORITY COUNCIL BILL NO. 30 Im'RODUCED BY COUNCIL MrMBER BRADSHAW AN OROINAN:E liMF)IDING TITLE XI, OiAF'l'ER 9, sa:TIONS 9, 11, 12 AND OiAF'l'ER 9.5, SEX:TIOO 3, <F 'lli.E ENGL~OOD MUHCIPAL CXDE 1969, AS AMIM>ED, !!CREASING 'lliE JURISDICTIONAL OOLIAR VALUE OF CERTAIN OROINA!CES PERTAINING TO 'mEFT AK> BAD OID:KS. WHEREAS, the City Council of the City of Ebglewood 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), which amount should be increased; t«:M 'lli.EREFORE, BE IT ORDAINED BY 'lliE CITY COUNCIL OF 'lliE CITY OF ~000, COLORADO: Section 1. That Title XI, Chapter 9, Section 9, Englewood Hunic1pal 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 ._ RYMEeli tieUaH ~1HI9-wt THREE HUNDRED OOUARS ($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 sane other conduct of a person which evidences such intent to avoid payment • • 9 H I • • • • • - Section 2. That Title XI, Chapter 9, Section 11, Englewood l'tlnicipal Code 1 69, as csnended, is hereby further amended to read as follows: ll-9-ll: PETTY THEFT It shall be unlawful for any person knowingly to obtain or exercise control over anything of the value of less than ~ htwlt!e& deHat!s ~QQ-}-THREE HUNDRED DOU.ARS ($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 permanently of the use or benefit 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 is not legally entitled as a condition of restoring such thing of value to such other. Section 3. That Title XI, Chapter 9, Section 12, Englewood l'llnicipal tode 1 69, as amended, is hereby further amended to read as follows: ll-9-12: PRICE ~ITCHING 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 ~ RI:IAEJI!e& &EHlaJ!s ~I!QQ-}-THREE HUNDRED OOLLARS ($300) or more. Section 4. That Title XI, Chapter 9.5, Section 3, Englewood l'llnicipal Code 1 69, as amended, is hereby further <mlended to read as follows: ll-9.5-3 VIOLATION It is a violation of this Chapter punishable as provided in Englewood MUnicipa l Code 1-1-20, for a person to issue or to pass a check for the payment of lOOI'leY less than ftle '-'St!e& dellai!S f.I!QQ+ THREE HUNDRED OOLLARS ($300) , knowing that the issuer does not have sufficient funds in l I • • - c: r • • • • • or on deposit with the drawee for the payment in full of the check or order as well as al l other checks outstanding at the time of issuance. Introduced, read in full, and passed on first reading on the 6th day of May, 1985. 1985. Published as a Bill for an Ordinance on the 8th day of May, Read by title and passed on final reading on the 22nd day of May, 1985. Published by title as Ordinance No. the 22nd day of May, 1985. Attest: ex off1c1o City Clerk-Treasurer , Series of 1985, on Eugene L. 0t1s, Mayor I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the Ordinance passed on final reading and PJblished by title as Ordinance No. , Series of 1985. -- Gary R. Hlgbee I • ( ( • • • • 9 I BY AUTHORITY ORDINANCE NO. ~ SERIES of 1985 COUNCIL BILL NO. 32 INTRODUCED BY COU~N~C~I~L-- MEMBER NEAL 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 that there e xists a necessity for the creation of Paving District No. 30, in the City, and the construc~ibn and installation therein of street paving, curb and gutter and sidewalk improvements, together with necessary incidentals, on certain streets in the City; and WHEREAS, notice of a public hearing concerning the creation of the District and the construction and installation of the improvements therein has been published once a week for three consecutive weeks in the Englewood Sentinel, a newspaper of general circulation in the City, and in addition, a notice has been mailed, postage prepaid, to each known owner of real property within the proposed District; and vlHEREAS, at the time and place set forth in the notice, the City Council met in open session for the purpose of hearing any objections or protests that might be made against the proposed district or the improvements to be constructed or installed; and WHEREAS, all objections and protests having been duly heard and considered, the City Council has determined to proceed with the creation of the District and the construction of the improvements on 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 insta lled, 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 i mprovement district for the construction, improvement of the improvements hereinafter described, is here by 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 Distri ct No. 30". All proceedings heretofore taken and adopted in conne ction 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 Roundary. The extent of the District to be assessed for the cost of the imp rovements and the area to be included within the boundary of the Distri ct , shall b e all the real property specially benefited, and fronting or abutting on the streets a nd avenues between th e termini hereinbefore described, including the r ea l property within one- half (1/2) block of such streets and avenues. Ad justmen ts for the assessment of costs will be made for irregular and odd-shaped lots and parcels of property. Section 4. Description of Improvements. The kind of improvements and the streets and avenues on which such improvements shall be constructed or installed, including 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 g utter, 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. Arrherst Ave. E. line s. Fenn st. w. line s. vashington St. PrO[X)sed: E. Amherst Ave. E. Arrherst Ave. s. Emerson St. s. Enerson St. Pr<J!X)sed: Construct 261-wide pavirQ ( 6 & 2) 2 1 8" walk north and and south sides, except where 2 16" walk exists E. line s. Clarkoon St. E. lines. Emerson St. E. line City Ditch w. line s. Ogden St. s. 1 ine E. Yale Ave. N. line City Ditch s. line E. Arrherst Ave. 300 1 s. of E. Antlerst Ave. Construct 201 wide pavirQ (6 &2) 41 "V" pans each side s. Enerson St. s. line E. Girard Ave. N. line E. Hampden Ave. Pr<J!X)sed: s. {);1den St. Proposed: S. Pearl St. Prcposed: Construct 311wide pavi!'Q (6 & 2) curb, gutter & sidewalk both sides (curi:Jo.alk type 2) s. line E. Yale Ave. N. line E. Bates Ave. Construct 27 1-wide paving (6 & 2) 2 18" sidewalk on E. side only s. 1 ine E. Yale Ave. N. 1 ine E. llnherst Ave. Construct 26'-wide paving (6 & 2) curbwalk type 1 or curb and gutter with 2'8" walk s. washirQton St. s. line E. Cornell Ave. N. 1 ine E. IBrt:mouth Ave. Proposed: Construct 27 1-wide paving ( 6 & 2) 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: w. Baltic Ave. Pr<J!X)sed: E. Ha!Tpjen Ave. Pr<J!X)sed: 3) Fran 1b E. line S . Raritan St. E. line s. Fecos St. Construct 40 1 wide pavirQ (8 & 3) (petitioned street) E. line s. Sherman St. E. line s. Clarkson St. Construct 32 1-wide pavirQ (8 & 3) 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 • ( • • • • On Fran 'Ib \~. Union Ave. E. end Platte River Bridge W. line St. HWy. 85 Construct 40'-wide paviNJ 8" deep-streNJth asphalt (assess at 40' paving 8 & 3.) curb, gutter and 4' walk on scuth; curb and gutter only on north PrO{Xlsed: 4) Stripping off existing asphaltic concrete surface, reshaping existing compacted basecourse and paving with 2" asphaltic concrete surface, along with removal and replacement of concrete curb, gutter, and walk not meeting City standards; together with appurtenances and incidentals on the following streets: On Fran 'Ib 600 E. washington Cir. W. line S. ~shington St. W. line S. \-bshington St . E. s. s. s. s. s. s. 5) 2" asphaltic concrete overlay, along with removal ~nd replacement of concrete curb, gutter, and walks not meeting City standards; together with appurtenances and incidentals on the following streets and avenues: On Fran 'Ib Jln'hers t Pl. E. line s. ~nn. St. w. line s. Clarkson St. Bannock St. s. line w. ffilherst Ave. N. line u. Bates Ave. Bannock St. s. line W. Bates Ave. N. line W. !Brtmcuth Ave. Galap~o St. s. 1 ine w. Chenarqo Ave. N. 1 ine w. Grard Ave . Lincoln St. Lincoln St. s. line E. Hanpje n Ave. N. edge Little Dry Creek s. line E. Oxford Ave. N. 1 ine E. Princeton Ave. ~shington St. N. line E. Grand Ave. N. line E. Belleview Ave . Section s. Improvements Authorized. The construction or installation of the street paving, curb and gutter and sidewalk improvements in and for the District, as shown by the plans, specifications and maps thereof, approved by the City Council of the City, is hereby authorized and ordered, the Material to be used in the construction of said improvements to be in accordance with such maps, plans and specifications. Section 6. Assessment of Costs. The probable total cost of the improvements to be constructed or installed is $1,216,000, it is proposed that the City of Englewood will pay approximately $360,000 , the remainder of the cost will be assessed against the property within the District and specially benefited -4 - I • • ( • • • by the construction and installation of the improvements. The approximate share of the tota l cost to be assessed per fr o nt fo ot or square foot shall be as more parti c ularly set fort h in the resolution passed a nd adopted on ~1ar c h 4, 1985, and wh ich i s incorporated h e rein by specific ref e ren c e. Section 7. Payment of As ses s me nts. The ass e ssmen t s will be due and payable without deman d within thirty (30) day s from and after the final publication of the Ordinance assessin g the whole cost of said improvements a g ainst the real property in the District. In the event any owner o f real estate shall fail t o pay the whole of such assessment against his or her pro p erty within said thirty (30) days, then the whole cost of the improvements so assessed against such prope r ty shall be payable i n ten (10) equal annual installment s of pr i ncipal. The f irst o f such installments of principal shall be due and payable at such time as will be determined in the assessing ordi nan c e and the remainder of said installments shall be due and payable successively on the same day in each year thereaft e r, until all are paid in full. The rate of interest to be paid on u npa id a n d deferred installments will be establishe d by o r din an ce to be adopted by the City Cou nc i l at a la t e r d ate . Sect i o n 8. S p ecial I mpr o v em en t Bo nds. By vi rtue of and purs u an t to sai d laws an d t he Chart er an d th e Hun icipal Code of t h e City , loc a l im prov emen t bonds of the C ity shal l be issued for the p urpos e of p ay ing for the local imp r o v eme n ts describe d in t hi s Or dinance , in an amount not to exceed the co s t and ex pe nses o f s aid improvements , including eng i neering, legal and incidental expenses, as provided by law . The bonds shall be issu e d bas e d u pon estimates approved by the City Council , and as authorize d by an Ordinance to be passed by the City Council at a lat e r dat e . The maximum rate o f interest on special improvement bonds for Pav ing District No. 30 , shall not exceed fourteen ( 14) per c ent per a n num . The bonds and the interest thereon sh all be payabl e out of special assessments to be levied agains t t he real property included within the Dis t rict and specially be n efited by the ( i mpr o v ements to be c on s t ructed or i n stalled . - 5 - • • I • • ( • • • Section 9. General Benefits. The City Counc i l he r eby fin d s and determines that the improvements propose d to be constructed and installed will confer a special benefit upon t h e property within the District and a general benefit upon the City as a whole. sections Section 1 o. or parts Severability. That if any one or more of this Ordinance 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 Coun ci l shall hold a public hearing on this ordinance, before final passage, at 7:30 P.M. on Monday, May 20, 1985. Section 12. Publication 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 effectiv e thirty (30) days after publication foll o wing final p assa g e. Intro duced, r ead i n ful l , and passed o n f irst re ading , the 6th d ay of May, 1985. May, 1985. P u bl is h e d a s a Bil l f o r a n Ordi nan c e on the 8 t h day o f Read by title a nd passed on fina l read ing on the 20th day of May, 1985 . Published by title as Ordinance No . 1985, on the 22nd day of May, 1985 . ___ , Series of Attest: Eugene L. Otis , Ma y o r 4( ex offi cio Ci t y Clerk-Treasurer -6- • • I • • ( • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the ~ity of Englewood, Colorado, hereby certify that the foregoing ~s a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1985, on the 22nd day of May, 1985. Gary R. H~gbee -7- • I • • - • I • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE May 15, 1985 AGENDA ITEM //a_ SUBJECT Purchase of Word Processing System -Hardware and Software INITIATED BY Gary Higbee pirector of Finance ACTION PROPOSEDApproye a motion authorizing the City to negotiate a contract for purchase of a Word Processing System from Hewlett Packard Co Recamlendation: It was the unanimous decision of the Data Processing Steering Ccmni ttee (Asst. City M;Jr. , Asst. City M;Jr. for Econanic Developnent, Di r. of Public WOrks, Library Director, Fire Chief, and Dir. of Finance) and the Technical Review Ccmnittee to recommend the Hewlett Packard Company's word processing system -HP3000/37 -at a first year cost of $88,515.00 - for purchase and implementation. Attachment A is the hardware/software configuration for the proposed system. Hewlett Packard would provide the City an expandable, planned method to implement true "office autaMtion", a means of integrating office auto- mation with data processing and has the resources to provide the City on-going support in all areas necessary. Attachment 8 is the proposed, total WOrd Process ing system to be implemented. This configuration was approved by Council in 1984 for implementation in 1985 and 1986. 1985 word Processing Budget WOrd Processing System Recarmended Balance $89,000.00 88,515.00 $ 485.00 Balance will be required for cables, line dr ivers and other miscellaneous equipnent. Background: On February 1, 1985 the Data Processing Division of the Department of Finance issued a Request for Proposal (RFP) for WOrd Processing Hardware, Software, service and SUpport. On March 11, 1985, final proposals were received fran twe lve (12) vendors. (See Attactment C for list of vendors). • I • • • • • • paCJe 2 'n1e RFP's were reviewed by all mesrbers of the Data Processing Steering Committee and were individually evaluated by the Technical Review Committee (Deputy City Clerk, Legal Asst. and Conf. Secretary to Asst. City ~r.) • 'n1e Technical Review camti ttee evaluated the RFP' s on the basis of how well the vendor addressed: 1. Software requirements (word processing, electronic JMil, spread- sheet) 2. Hardware requirements 3. Vendor support resources 4. Training 5. Systems software 'n1e cumulative evaluation of the Technical Review Committee (Attachment C) was discussed with the Data Processing Steering Committee on Harch 26, 1985. Both cannittees concluded that the top four (4) vendors, per the evaluation, should be further investigated by: 1. Vendor demos 2. Site visits After vendor presentations, the top vendors were reduced to NBI, A.B. Dick and Hewlett Packard. A second demo was presented by each vendor and vendor references were checked, including site visits to actual users. 'n1e Technical Review Camtittee made a final evaluation (Attadnent D). Attachment D specifies the areas which were evaluated. 'lbe final evaluation and system costs were reviewed at a meeting of the Data Pro- cessing Steering Cammittee on Hay 7, 1985. Attachment E is the f i nal costs carparison between the top 3 vendors. • I • • • • • • Proposed Word Processing System Hardware: HP3000/37 System Processor -2MB Memory Fixed Disk Drive -55MB Cartridge Tape Drive System Terminal Eight (8) Work Stations -512K One (1) Laser Printer Six (6) Think Jet Printers Software: HP3000 Electronic Mail Word Processing: HP Word Spell Checker List Manager Total Hardwtte/Sofbere ():)sts Estinated 1985 Maint. Cbsts ~time Traininq COsts Total 1985 Q)sts Monthly Maintenance -621.00 (First three (3) months of maintenance free) • 63,771.00 22,241.00 86,012.00 1,863.00 640.00 88,515.00 0 Attachment A • • • • 0 Attachmen t PROPOSED WORD PROCESSING NETWORKED CONFIGURATION WORD PROCESS SYSTEM UNIT lf---"il c FUTURE EXPANSION *RL = Remote Location • • - • • • • Attachment C WORD PROCESSING SYSTEM PROPOSALS EVALUATION Vendor priority ranking by technical review conmittee: 5 =highest, 1 = lowest. NIH HP ~ AB Dick M/A-0:11 D&: IBM CXl1PUCoRP Lanier Wang BPI Philips Evaluation by vendor: 4.37 3.66 3.50 3.37 3.12 3.00 2.87 2.37 2.33 2.25 1.50 1.30 NBI: Networked, shared resource/shared logic system. State-<>f-the-art, integrated software package. Wbrd processing software exceeds requirement. Expandable system. Interface with Prime. Excellent training and support proposed. HP: Networked, stand-alone Fe's. 67 l'e tape cartridge back-up. Integrated, total application software -all modules available and quoted. Future growth path provided. Laserjet printers -fast, quiet, excellent product. Good support proposed. N:R: Stand-alone, clustered shared resource system. RE!note site - llK, 10 P1B Master station. Modular, expandable system. Wbrk Ready II word processing software exceeds requirements. CTOS operating system - can also use I'D-DOS and CPM operating software. Carprehensive training and support. AB Dick: Stand-alone, clustered shared resource system. CTOS operat1ng system. Streamer tape back-up. Wbrd processing application software exceeds requirements. H/A-caM: Several options of shared, resource processor-networked system. eros operating system. Processor includes internal , 50 H8 disk and 5 H8 cartridge drive for back-up. Many options for printers. Stand-alone work stations available. "One-touch" application software. 0&:: VAXIII 750 Central processor. Stand-alone DIDnate III stand-alone work stations. Fully integrated, total application software, Training very expensive. Requires 1/2 FTE system support. • I • • - • • • • Attachment C Page 2 IBM: Networked PC's on System 36. Display Write/36 word processing software good. No i nterface with Prime -uses 3270 protocol. &-Hail not a va i lable until July, 1985. Central disk storage not addressed/defined. COl'l1PU))Rp: Networked, shared resource/shared logic system. Very anall C'Oq)any. Not all software currently available. No llllltiple, cross-reference index for records processing. Streamer-tape backup. LANIER: Networked, stand-alone sytem. Back-up only by work station to floppy disk. WIUfG: Networked, central processor system. Extensive, integrated application software. Records processing software appears cunbersane. Wang reputation for support is very poor. BPI: Networked, shared resource system. Extensive system configuration required for total inplementation. !ack-up with floppy diskettes. CXl1 via communications. PHILIPS: No shared file processor -data storage on Prime. Network capability not defined. Interface with Prime not defined. I • • • • • Attachment D Word Processing Vendor Evaluation HP .@! AB DICK Integrated Software 1.62 2.37 2.0 Word Processing 2.5 2.5 1.0 Elec Mail 3.0 1.0 2.0 Other Software 2.75 2.75 1.0 Work Station 2.75 1.5 1. 75 Central Files 3.0 1. 25 .75 Printers 3.0 1. 63 1. 38 Prime Interface j,O 3.0 2.0 Spelling Dictionary 3.0 1.0 2.0 Support 3.0 2.0 1.0 Network -IBM PC 2.0 2.0 2.0 References _l:.Q __b_ll ...JhQQ 32.62 23.33 16.88 3 = Highest 1 Lowest I • • • • • • • 0 Attachment B Word Proceaaing Vendor Coata Hardware Software Total Year 1 Year 2 Year 1 Year 2 Y•ar 1 Year 2 £2Ill Total Total Hewlett Packard 63,771 48,656 (Coats includes 11 22,241 0 134,668 86,012 48,656 printers) NBI 80,606 50,531 13,604 0 144,741 94,210 50,531 (Costs includes 9 printers) AB Dick 74,040 59,491 (Costs includes 9 4,767 0 138,298 78,807 59,491 printers) • • • C 0 U N C I L DATE May 16, 1985 • • - C 0 M M U N I C A T I 0 N AGENDA ITEM lib SUBJECT A Bill for Ordinance Approving a Coop eration Agreement Be- tween the City of Englewood and EURA. INITIATED BY Assistant City Manager f or Economic Development ACTION PROPOSED Approve th e Bill for Or dinance for the Adoption of the Cooperation Agreement. BACKGROUND AND PURPOSE: When Cinderella City was constructed, an agreement was signed with the City to deed back to the City the parking areas around the center and the King Soopers complex in order to reduce the tax burden for the developer. The deed-back agreement further stated that the City would provide short-term publi c parking for a period of 60 years. This agree- ment began in 1968, thus leaving 43 year s until it expires in 2028. Several years ago, the owners of Cinderella City approached the City with an interest in extending the length of the lease t o a ssur e the Broadway Store's l oca tion in the center. The City did extend the deed/agreement for th e parking lot west o f South Elati Street, but did not extend the length of the lease east of South Elati Street because of the planned rede- velopment of the site. Recently, the City was informed that KRAVCO a nd Brady have agreed on a sale price for that parcel. It is no longer necessary t o have the parcel off of the tax roll, and therefore, exem pt from property taxes. The present a rrangement with KRAVCO is also no longer necessary, since the parking spaces will not be needed for the Cinderella City complex. In order to terminate this agreeme nt , KRAVCO must get permission f rom the anchor stores in the center (Denver, Joslins, Penneys, Broadway). All of the anchor stores have approved the termination of this agreement and the sale of the prop- erty. KRAVCO representatives are interested in revising the current deed agreement to apply only west of South Elati St reet. In order to carry out the transfer of the property, but still maintain control over the eventual development of the site, we are suggesting that the City transfer its interest in the deed and agreement for the property east of South Elati Street to the Englewood Ur ban Renewal Authority. The EURA would then deed that property to Br ady using the special warranty deed and provisions outlined in the Redev elopment Agreement between Brady and the EURA. In the event the land was not developed consis tent with the Plan, the land would revert back to the EURA and the EURA would transfer it back to the City. ~ The attached Cooperation Agreement between the City and EURA outlines this procedure. • • I • • - • • • • • RECOMMENDATION: It is recommended that the City Council approve the Bill for Ordinance for the adoption of the Cooperation Agreement between the City and EURA. SUGGESTED ACTION: MOVED BY ______________ _ SECOND ______________ ___ YES ______ ftO _________ ~BSENT ______________________ ___ • I • • • ORDINANCE NO. SERIES OF 1985 • • • BY AUTHORITY COUNCIL BILL NO.~ INTRODUC~ BY COUNCIL MEMBER ~· Ln A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD URBAN RENEWAL AUTHORITY TO TRANs- FER THE CITY'S INTEREST IN THE DEED AND AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND KRAVCO, INC. EAST OF ELATI STREET TO THE ENGLEWOOD URBAN RENEWAL AUTHORITY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. There is hereby approved the following agreement: COOPERATION AGREEMENT THIS AGREEMENT, dated as of May 20, 1985, (the "Cooperation Agreement"), is made by and between the CITY OF ENGLEWOOD, COLORADO (the "City"), a municipal corporation and home rule charter city organized and existing under the Constitution and the laws of the State of Colorado, and the ENGLEWOOD URBAN RENEWAL AUTHORITY (the "Authority"), a body corporate and politic of the State of Colorado. RECITALS A. In furtherance of the objectives of the Colorado Urban Renewal Law, §31- 25-101, et ~·· C.R.S., the City has approved and the Authority is carrying out an urban renewal project known as the "Englewood Downtown Redevelopment Project" (the "Project") in an area (the "Project Area") pursuant to an urban renewal plan known as the "Englewood Downtown Redevelopment Plan" (the "Urban Renewal Plan"), which was approved and adopted by the City Council of the City on August 23, 1982, by Resolution No. 39, Series of 1982, as amended December 21, 1982, by Resolution No. 54, Series of 1!182, amended March 26, 1984, by Resolution No. 9, Series of 1984, amended April 30, 1!184, by Resolution No. 18, Series of 1984, amended October 29, 1984, by Resolution No. 40, Series of 1984. B. In accordance with S 31-25-112, C.R.S., and in furtherance of the Urban Renewal Plan, the City desires to cooperate with the Authority by transferring to the Authority title to certain real property, subject to the terms and condit ions herein stated. C. The parties have determined that the transfer and use of such real property in accordance with the terms and conditions of the Cooperation Agreement are in the best interests of the City and the Authority and protective of the health, safety, morals, and welfare of the residents of the City; and that such use is consistent wi th the public purposes and the requirements under which the Project has been undertaken • I • • • • • AGREEMENT NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto agree as follows: 1. Agreement to Transfer Pro~rty. The City, upon the following terms, covenants and conditions, agrees to transer to the Authority all of its right, title and interest in and to the real property described In Exhibit A, attached hereto and hereby made a p&rt hereof (the "Property"). No monetary consideration will be required from the Authority for the Property. 2. Covenants of Authority. The Authority agrees to dispose of the Property in accordance with the requirements of the Colorado Urban Renewal Law subject to the following terms and conditions: (a) The Authority may dispose of the Property to a redeveloper under a development plan proposed by such redeveloper and approved by the City and the Authority pursuant to a redevelopment agreement between such redeveloper and the Authority, provided that the Authority or the redeveloper has first acquired and included in said development plan the interests of the grantors and any beneficiary claiming any rights by, through or under said grantors set forth in that certain Deed and Agreement, dated November 3, 19118, recorded ApPU 14, 1969, in Book 1807, Page 1713 of the records of the Clerk and Recorder, Jefferson County, Colorado. It is the intention of the City that the Property be conveyed to such redeveloper only if the parking covenants and reservation of rights applicable to the Property and reserved by grantors shall have first been acquired, relinquished, waived or otherwise rendered null and void by said redeveloper. (b) The Authority shall dispose of the Property to a qualified redeveloper subject to all the terms and conditions of a redevelopment agreement that requires, among other things, the redeveloper to undertake construction and completion of improvements required by the development agreement within a specified time period, that the use and building requirements of the Urban Renewal Plan shall be made applicable to the Property and, that in addition to other rights and remedies reserved by the Authority in such redevelopment agreement, the Authority shall reserve a right of re-entry in favor of the Authority if said redeveloper defaults in its obligations and covenants under the redevelopment agreement. (c) lf on or before December 31, 1985, the Authority is unable to convey title to the Property to a redeveloper in accordance with the terms and conditions hereof or, if after such conveyance it reacquires title to and possession of the Property, the Authority shall, upon written notice from the City, immediately reconvey to the City such title to the Property as it has received from the City. 3. Governing Law. This Cooperation Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 4. Headings. Section headings in this Cooperation Agreement are included herein for convenience of record only and shall not constitute a part this Cooperation Agreement for any other purpose. IN WITNESS WHEREOF, the parties hereto have caused this Cooperation Agree- ment to be executed and delivered by their respective duly authorized officers as of the date first above written. 2 • I • - • • • • • CITY OF ENGLEWOOD, COLORADO By ________ ~~~-------------Mayor ATTEST: City Clerk ENGLEWOOD URBAN RENEWAL AUTHORITY By ______ ~~~~-------------Chall'man ATTEST: Section 2. The City Council authorizes the Mayor and the ex officio City Clerk to sign tor and in behalf of the City ot Englewood, Colorado. 1985. Introduced, read in full, and passed on first reading on the ____ day of May Publlahed as a Bill tor an Ordinance on the ____ day of May 1985. Read by title and passed on final reading on the ____ day of May 1985. Published by title as Ordinance No. ___ , Series ot 1985, on the ___ day of May 1985. Eugene L. Otis, Mayor Attest: ex officio City Clerk-Treasurer 3 • 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 the Ordinance passed on final reading and published by title as Ordinance No. __ , Series of 1985. Gary R. Higbee 4 • I • • • • • • PARCEL EA ST OF WE STERLY R1Gfi1'-0 F-WAY OF SOU TH ELATl STREE T AND SOUTH OF SOUTHERLY RIGH T-OF-WAY OF WEST FLOYD AVE NU E (Excludes Texaco Service Station): Commencing at the NW corner of the SW\SW\ Section 34, Township 4 south, Range 68 West of the 6th P.M.; thence easterly along the north line of the S~SW\ of sai d Section 34 a distance of 946.3 feet to a point on the west l ine of South Elati Street; thence on an angle to the right of 89° 53' 19" a distance of 66.0 feet to the True Point of Beginning. Said True Point of Beginning being on the southerly right-of-way line of West Floyd Avenue as described in Book 1807, Page 728 Arapahoe founty records; thence easterly along said right-of-way a distance of 44.eXfeet to a point on the west boundary of a parcel "L" described in Book 1807, Page 728 Arapahoe County records; thence southerly along said west boundary a dis- tance of 149 .5 feet ; thence easterly on an angle to the left of 90° 06' 00" a distance of 150 feet; thence northerly on an angle to the left of 89° 54' 00" a distance of 149 .5 feet to a point on the southerly right-of-way line of West Floyd Avenue; thence easterly along said right-of-way a distance of 35.5 feet; thence on a curve to the right with a radius of 339.24 feet and a delta of 15° 53' 30" a distance of 94.3 feet; thence continuing along said right-of-way a distance of 409.4 'feet to a point on the centerline of South Cherokee Street ; thence easterly on an angle to the left of 15 53' 30" a distance of 8.00 feet to a point on the west line of a tract recorded in -·Book 1653, Page 278, Arapahoe County records; thence southerly on an angle to the right of 89° 55' 10" and along said west line a distance of 382.75 feet to a point hereinafter called point "A"; thence on an angle to the left of 70° 22' 10" a distance of 150.76 feet; thence on an angle to the right of 70° 22' 10" a distance of 46.37 feet to a point on the north line of McKinley's Subdivision; thence on an angle to the right of 109° 37' 50" and along the north line of McKinley's Subdivis i on a distance of 185.82 feet to a point on the west line of South Cherokee Street; thence on an angle to the left of 19° 37' 45" and along the north line of McKinley's Subdivision a distance of 311.15 feet to the east line of the sw•sw\ of said Section 34; thence on an angle to the left of 89° 59' 21 " and along said east line a distance of 56.82 feet to the SE corner of the NE•sw•sw• of said Section 34; thence on angle to the right of 90° 02' 50" along the south line of the NE\sw•sw\ of said section 34 a distance of 375.14 feet to a point on the west line of South Elati Street; thence northerly on an angle to the right of 89° 58' 17" a distance of 596*feet to the True Point of Beginning. EXCEPT all recorded and unrecorded easements and except for Parcels "F" and "G" which are legally described in Book 1807 at Page 726 of the Arapahoe County records. I • • • ORDINANCE NO. SERIES OF 198_5_ .. • • • BY 1.UTHO I TY A BILL FOR U&AL_ II u COUNCIL BILL NO. 37 IN'I'R()[)OC:FD, BY COUNCIL I'ID1BER /:v. 'j12 AN ORDINANCE ADOPTING THE "~ MUNICIPAL CODE 1985" INCORPORATING THEREIN THE ~ERAL ORDINANCES OF THE CITY OF ENGLEW:JOD; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OF A GENERAL AND PERMANENI' NATURE NOT II'O..UDED THEREIN, SAVE AND EXCEPT SUCH ORDINANCES PARTIOJLARLY SPOCIFIED AS EXCEPTED FR<l't SUCH REPEAL; PROVIDING FOR PENALTIES FOR VIOLATION OF THE PROVISIONS OF SAID CODE AND SETTING FORTH THE PENALTIES PROVIDED FOR IN SAID CODE; PROVIDING FOR A PUBLIC HEARING ON THE ADOPTION OF SAID CODE AND PROVIDING FOR THE EFFECTIVE DATE OF SAID CODE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLaoKlOD, COLORADO, that: Section 1. Defining the powers and duties of the various departments of the City and the administration thereof; providing for fire protection, police protection, public libraries, and the protection of health and sanitation; the regulation of animals and fowls, housing, signs and billboards, buildings, elections , dis- posal of garbage, trash and waste, sale and use of fireworks , parks and playgrounds; the selection and regulation of personnel ; the licensing and regulation of amusements and amusement devices , building contractors, food dealers, alcoholic beverages, mercantile establishments, health therapy establishments, cable television, and other trades, occupations and businesses; defining and prohibiting certain offenses, the regulation and acceptance of plats and subdivision; the construction and regulation of public improvements, streets and sidewalks, the regulation of traffic, water and sewers, and the use of land; the levying of taxes and the fixing of penalties and other provisions of a general nature within the City of Englewood, and its police jurisdiction , shall be in accordance with the terms of the "Englewood M.micipal Code 1985," three certified copies of which are on file in the office of the City Clerk, together with all secondary codes duly described and incorporated therein by reference, and may be inspected during regular business hours. The said Englewood Municipal Code 1985 is hereby adopted and incorporated in th is ordinance as fully as if set out at length herein and shall be treated and considered as a new and original comprehensive ordinance which shall supersede all other general and permanent ordinances passed by the City Council, prior to March 31, 1985, and from and after the date on which this ordinance shall take effect, the provisions thereof shall be controlling on all matters contained therein, save and except to the extent that any ordinance enacted between March 31, 1985 and the effective date of this ordinance is in conflict therewith. 1 • I • • n • • • • Section 2. The word "Code" may be used as an abbreviat i on for the "Englewood Municipal Code 1985." Section 3. All general provisions, terms, phrases and express1ons used in the Code, or any ordinance amending the same, s hall be liberally construed in order that the true intent and meaning of the City Council may be fully carried out. Section 4. All ordinances and parts of ordinances of a general and permanent nature not contained in the Code are hereby repealed, except those ordinances passed subsequent to March 31, 1985, but such repeals shall not be effective and operative prior to the effective and operative date of Englewood Municipal Code 1985; provided, however, that nothing contained herein shall be construed as an attempt to repeal or amend any ordinance passed by a vote of the people of the City of Englewood, except insofar as the same may be superseded by or in violation of the Charter of Eng l ewood or the Constitution of the State of Colorado. Section 5. Nothing contained in this ordinance shall be construed as a limitation on the power of the City Council to change obvious typographical or composition errors in the Code without change of legal effect. Section 6. The classification and arrangement by chapter, article and number s ys tem of sections of the Code, as well as the source notes, annotat ions , and other editorial matter included in said Code, form no part of the legislative text ordained hereby; such inclusion is only for the purpose of conven ience, orderly arrangement and i nforma tion , and, therefore, no implication or presumpt i on of a leg islative construction is to be drawn therefrom. Section 7 . The Englewood l't.lnicipal Code 1985 as published shall be the sole property of the City of Englewood, as the owner thereof, and shall be copyrighted f or and in behalf of the City of Englewood by the City Clerk. Section 8 . (a) The City Clerk shall distribute such sets of the Code and amendments thereto as may be necessary to the various depart- ments of the City for the official use of the City officers, boards and commissions, and for exchange purposes for similar publications of other cities. All volumes designated for official use shall remain the property of the City of Englewood for the use of such officials and their successors and shall bear such designation. The City Clerk shall prepare or cause to be prepared a list of the City officers, boards and commissions who shall receive for official use sets of said COde, and shall thereupon deliver such sets to such officers taking a receipt for each set so delivered. 2 • I • • • • • • (b) Subsequent to the effective date of this ordinance, the City Clerk shall keep on hand a reasonable number of the Codes herein adopted for sale to the public at a price to be determined by him, based solely upon the cost of publication. (c) From time to time after the effective date of this ordinance, the City Clerk is hereby authorized to codify ordinances amending the said Englewood Municipal Code 1985 and to have the same printed as supplements or substitute pages therefor. He may accept subscriptions to such supplements at a cost to be determined by him, based solely upon the cost of publication and handling of the same, and shall make such copies of the supplement available to such subscribers as the same are received by him and shall bill for the same. Failure of any subscriber to pay such billing on or before the date of mailing of the next subsequent supplement shall cause such subscription to be dropped from the mailing list. Section 9. 'ltlis ordinance shall becane effective on the 13th day of July, 1985 at 12:01 a.m. Section 10. (a) Any person who shall violate any provision of this ordinance, or any provision of any secondary codes adopted therein, shall be fined not more than three hundred dollars ($300) or imprisoned for a term not exceeding ninety (90) days, or shall suffer both fine and imprisonment. 'ltle amount of such fine or term of such imprisonment shall rest within the discretion of the Municipal Judge. (b) The penalties set forth in the Code are as follows: (1) Section 1-4-1: General penalty. (a) It shall be unlawful for any person to violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any provision of this Code or any secondary code adopted herein, and where no specific penalty is provided therefor, the violation of any provision of this Code or of any secondary code adopted herein shall be punished by a fine not exceeding three hundred dollars ($300) or imprisonment for a term not exceeding ninety (90) days or by both such fine and imprisonment, the amount of such fine or term of such imprisonment to rest within the discretion of the Municipal Judge. 'n'le imposition of one pe~a lty shall not excuse any violation or permit it to continue. Unless otherwise ind i cated, a separate offense shall be deemed comnritted upon each day or portion thereof during or on which any violation of any provisions of this Code or any secondary code adopted therein occurs or continues. 3 • I • • • • - (b) No jail sentence shall be imposed upon persons under the age of eighteen (18) years. This restriction shall not apply to persons who are convicted of a violation arising out of the operation of a motor vehicle. The term "conviction" as used herein shall include either the entry of a plea of nolo contendere or guilty to the violation. Any provisions to the contrary shall not have standing with respect to the persons under the age of eighteen (18) years. (2) Section 1-4-2: Cumulative remedies. (a) Whenever any act or condition is herein declared to be, or constitutes, a nuisance or provides a cause of action for injunction or other civil remedy, the said remedies shall be considered to be cumulative, and in addition to the penalties hereinabove provided, and an action for abatement, injunction, or other civil remedy may be brought against such violator. (b) The suspension or revocation of any license, permit or other privilege conferred by the City shall not be regarded as a penalty for the purposes of this Code. (c) When work or activity for which a permit or license is required by this Code or any code adopted herein is commenced without first having acquired such permit or license, the specified fee shall be doubled, rut the payment of such double fee shall not relieve any person from fully complying with all the requirements of this Code or any code adopted therein nor from any other prescribed penalties. Payment of such double fee or any unpaid portion thereof may be compelled by civil action in any court of competent jurisdiction. The acceptance of any portion less than the entire amount of such double fee by any officer or employee of the City shall not constitute a waiver or release of the balance thereof. (3) Section 8-6-4: Nuisance, Penalties. The moving or demolition of any structure within the City of Englewood in violation of any provision of this chapter is hereby declared to be a public nuisance and, upon application of the Director of Commun i ty Development, the City Attorney is hereby authorized and direct ed, without the necessity of further authority of the City Council, to institute such legal proceedings as may be necessary to obtain a judicial abatement thereof. In addition, the violation by any person of any provision of this chapter may be prosecuted as other violations of municipal ordinances and shall subject the violator to those fines and penalties as are provided for in Chapter 4 of Title I of this Code. 4 • I . r • • • • (4) Section 3-5-8: Strikes Prohibited. (b) In the event a certified employee representative engages in any conduct which falls within the definition of "strike" herein, such violation shall be cause for the City to terminate the collective bargaining agreenent with said certified employee representative and/or withdrawal of recognition of the certified employee representative upon giving written notice to that effect to the chief representative of said certified employee representative or employee organization, in addition to whatever other remedies may be available to the City at law or in equity. Said action of the City is subject to the "Grievance ~1," Section 3-3-2. (c) In the event an employee or employees engage in any conduct which falls within the definition of "strike" herein, such violation shall constitute just cause for immediate discharge of said employee, in addition to whatever other remedies may be available to the City at law or in equity. The City shall not be required to pay any employee any portion of his/her salary or fringe benefits while engaging in activity in violation of said section. It is expressly recogn ized that the City has the right to selectively discipline, up to and including discharge, any employee or employees whose conduct falls within the definition of said section without having to discipline all employees whose conduct falls within the definition of said section. An employee or employees directly affected by an action of the City under this Section shall have the right to grieve said action through the "Grievance Appeal," Section 3-3-2, or where appropriate, through the "Disciplinary Appeals," Section 3-3-3. (5) Section 5-2B-ll: Violat i on, Penalty Any i nd ividual, association, partnership or corporation wh ich is convicted of a violation of any provision of this Chapter shall be fined in a sum of not more than three hundred dollars ($300) or shall be imprisoned not to exceed ninety (90) days, or shall be both so fined and imprisoned. (6) Section 5-7-5: License ; Issuance, Conditions (d) Starting work on any project before the required license has been secured will result in a fifty percent (50%) increase of the license fee as a penalty. This penalty shall be cumulative with all other penalties and remedies for the enforce- ment and collection of such license fees . 5 I • • - • • • • (7) Section 5-7-6: Each contractor, whether general or special, shall be responsible for all work included in his con- tract, whether or not execution is by himself, his employee or a subcontractor, and for all funds or property received by him for prosecution of a specific contract for a specific purpose. ( 8) Section 5-7-7: License Suspension or Revocation A. 'Ihe Chief Building Inspector shall, upon the verified complaint in writing of any person, require the contractor to appear before the License Officer for a hearing upon five (5) days' notice in writing, mailed to his last known post office address, and the License Officer shall have the power to temporar- ily suspend or revoke any license if the License Officer shall find by a preponderance of the evidence that the licensee has: 1. Abandoned any contract without legal cause. 2. Diverted funds or property received for performance of a specific contract and applied such fund for any other purpose, or he failed to use such funds for the performance of said contract. 3. Fraudulently departed fran or disregarded plans and/or specifications. 4. Wilfully and deliberately disregarded any provision of this Code, or any provision of any secondary code adopted herein. 5. Failed to keep records of receipts and dis- bursements of his transactions as a contractor and produce same for examination by the License Officer when requested. 6. Misrepresented a material fact to obtain a license or permit. 7. Done any wilful, fraudulent act as a contractor by which another is substantially injured. 8. Used his license to obtain permits for another. 9. Carelessly or negligently provided reason- able safety measures for the protection of workmen and the public. ;t O. Failed or refused to obtain a permit for any work before starti ,,,, a job. 6 I • • • • - B. I f the licensing officer determines that a hearing should be held to determine if a license should be revoked, suspended or den i ed, under the terms of this chapter, the procedure shal l be as pr ovided in Section 1-10-2 of this Code. C. ~n a contractor's license is revoked, no new perm its shal l be i ssued to such l i censee until he shall fully correct the faul ty construction with the provisions of this Code and un t il the l icense is reinstated. '!he License Officer shall have power to withhold reinstatement of the license for a period not to exceed six (6) months. If the suspension is over three (3) months, the licensee shall be required to obtain a new license, which fee shall not be prorated. D. '!he Olief Bu i ld i ng Inspector may make an emergency suspensi on of the license of a contractor should the actions of the contrac tor pose an immediate, serious and bnminent threat to the health , safety and welfare of the residents of the City of Englewood. Such emergency suspension shall not continue longer than ten (10 ) days wi thout a hearing before the License Off i cer. (9) Sect i on 5-78-6: License Revocation, SUSpension or Denial The licensi ng off i cer may revoke, suspend or deny a license provided for i n this Article if he finds that the licensee is responsible for one or more of the following acts or omiss i ons: A. Fa i l ure to comply with the t e rms of Sect i on 5-78-3; B. Violation of the terms of Sect i on 5-7B-2B. (10 ) Section 5-7-7B: Rev ocati on and Suspens i on; Procedure. If the licensi ng officer determines that a hearing should be held to determine if a l i cense should be revoked, suspended or denied under the terms of this Ar ticle, the procedure therefor shall be as provided in Section 1-10-2 of thi s Code . (ll) Section 5-6C-8: Civil Penalties. In add i t i on to or i n lieu of the penalties that may be otherwise imposed, the licensing offi cer may assess the foll ow ing civil penalties: (a) A person who operates or attemp t s to operate an adult bookstore , adult massage parlor , adult mo tion p icture the ater or adult dancing establishment without having fir s t obtained a license under this chapter may be assessed a civil penalty of up to three hundred dollars ($300 ). 7 I • • • • • (b) An applicant for a license under this chapter, and any officer, director, partner, agent or attorney of such an applicant, who knowingly makes a false statement or provides false information on any document or paper accatpinying and forming a part of such application, shall be assessed a civil penalty of up to two hundred dollars ($200) for each such false statement or false item of information. (c) A licensee or employee who fails or refuses to renew his license within the period granted by Englewood Municipal Code 1985, Section 5-6A-8 may be assessed a civil penalty of up to fifty dollars ($50) for each day beyond said period that said refusal or failure continues, but not to exceed three hundred dollars ($300) for each refusal or failure. (d) A licensee, and any agent, officer, servant or employee of a licensee, who maintains a nuisance on the licensed premises or permits the licensed prem ises to be unsanitary or unsafe, may be assessed a civil penalty of up to one hundred dollars ($100) for each day that the nuisance or unsafe or unsanitary condition continues. (e) A licensee who moves his licensed premises without approval by the licensing officer or who changes the name of his business without notifying the licensing officer, contrary to Englewood l'tlnicipal Code 1985, Section 9-10-9, may be assessed a civil penalty of up to three hundred dollars ($300). (f) A licensee or employee who does not keep the records and make the reports required by any of the agenc i es herein may be assessed a civil penalty of up to fifty dollars ($50) for each violation. (g) A licensee, and any agent, officer, servant or employee of a licensee , who fails to correct violations of the general and applicable special requirements for the licensed premises, as specified in Article B, may be assessed a civil penalty of up to two hundred dollars ($200) for each violation observed and not corrected within the period prescribed by the licensing officer, the Department of Community Development or the Fire Marshal, as the case may be. (h) Any person who aids or participates in a violation for wh i ch a civil penalty may be assessed under this chapter shall be considered a principal in the violation and may be assessed a c i vil penalty of up to the maximum amount prescribed for that violation. 8 • --~~==--------------------~~~~·--~------------25~~0 I • • ( • • • • (12) Section 7-lA-2: Running at Large Prohibited. (c) Penalty. Arrj owner or person found guilty of their dog violating any provisions of this Section shall, upon the first conviction, be subject to the payment of a fine or not less than fifteen dollars ($15); upon the second and subsequent conviction shall be fined a sum not less than twenty-five dollars ($25) nor more than one hundred dollars ($100); and upon the third and subsequent convictions shall be fined an amount not less than one hundred dollars ($100) nor more than three hundred dollars ($3 00) and be subject to not more than ninety (90) days in jail, or both such fine and imprisorment. (13) Section ll-3B-10: Penalty for Defective Work. In addition to or in lieu of the other remedies or penalties provided, if a contractor fails to comply with the requirements of this Chapter relating to concrete work, additional permits for sidewalks, curbs, gutters, service walks and driveways will be withheld by the Director until assurance is received that there will be compliance herewith. (14) Section 10-1-5: Penalties The violation of any provisions of these Subdivision regulations is hereby determined and declared to be a public nuisance and, upon proper authorization by Council, the city may institute such legal proceedings as may be necessary to obtain a judicial abatement thereof. In addition, the violation by any person of any provisions of these Subdivision Regulations shall subject the violator to prosecution and to such fines and penalties as are provided for in Title 1, Chapter 4, of this Code. (15) Section 4-5-5: Failure to Pay, Penalty. If any utility business or occupation subject to the prov1s1ons of this chapter shall fail to pay the tax imposed within the time prescribed, a penalty of ten percent (10%) of the amount of the tax due shall be assessed by the City of Englewood against such utility business or occupation; and the said tax, together with the penalty assessment, shall be and is hereby declared to be debt due and owing from such utility business or occupation to the City of Englewood and subject to collection by an action at law brought by the City of Englewood in any court of competent jurisdiction for the purpose of such collection. 9 • I • • • • • • (16) Section 4-4-19: B. Disr egard for Rules; Penalty Assessed. I f any part of the deficiency is due to negligence or intentiona l d i sregard of authorilld rules and regulations with knowledge t her eof, but without inter1t to defraud, there shall be added ten percent (10\) of the total amount of the deficiency; and in such case, interest shall be collected at the rate of one percent (1\) per month on the an¥>Unt of the deficiency fran the tUne the return was due, from the person required to file the return, which interest and addition shall become due and payable with in fifteen (15) days after written notice and demand by the Director of Finance. C. Fraud; Penalty Assessed. If any part of the deficiency is due to fraud with the intent to evade the tax, then there shall be added fifty percent (50 \) of the tota l an¥>Unt of the deficiency, and in such case, the whole amount of the tax unpaid, including the additions, shall become due and payable fi fteen (15) days after written notice and demand by the Di rector of Finance and an additional one percent (1\) per month on said amoun t s shall be added from the date the return was due unt i l pa i d. (17) Secti on 11-1-10: Penalties. The f ollow i ng penalt i es, herew ith set forth in full, sha l l apply t o this Ord i nance: (a) It is un l awful for any person to violate any of the provis i ons s t a ted or adopted i n this Ord i nance. (b) Eve ry person convicted of a violation of any prov i s i ons stated or adopted i n thi s Or d i nance shall be pun i shed by a fine not exceeding three hundred dollars ($300 ), or by impr isonment not exceeding ninety (90) days , or by both s uch fi ne and ~risonment . (18) Sec t ion 12-2-3 : Fees and Charges. (h) Delinquency and Collection (1) Fees and charges levied in accordance with this Chapter shall be pa i d within thirty (30) days fran the date of billing to the City. If the bill is not paid within n i net y (90) days after billing , it shall be deemed deli nqu ent, whereupon a twenty-five (25\) surcharge may be imposed for collection services . 10 • I • • - • ( • • • - (2) Nonpayment: All sewer charges and surcharges, including, but not limited to, collection charges, pretreatment charges, monitoring charges, shall be a lien upon the property to which sewers are connected from the date said charges become due until said charges are paid. The owner of every structure or premise shall be liable for all sewer charges for uses on his premises, which lien or liability may be enforced by the City by action at law to enforce the lien. In case the tenant in possession of any premises shall pay the sewer charges, it shall relieve the landowner from such obligations and lien, but the City shall not be required to seek payment from any person whomsoever other than the owner for the payment of sewer charges. No change of ownership or occupation shall affect the application of this Section, and the failure of any owner to discover that he purchased property against which a lien for sewer service exists shall in no way affect his liability for such payment in full. Said delinquent payments, and the lien created thereby, shall be enforced by assesS!lent upon the property and premises so served and certification thereof to the County Treasurer for the collection under and in pursuance as provided for in this Code. (3) In the event that any sewer charges or surcharges, including, but not limited, to, collection charges, pretreatment charges, monitoring charges or sewer tap fees, must be certified to a county for collection as a delinquent account, a fee equal to double the amount owed shall be certified and collected . (19) Section 12-2-6: Enforcement and Penalties. A. Enforcement Authority The Director of Utilities may adopt procedures and rules for the implementation and administration and shall enforce the provisions contained herein. B. Not ification of Violation Whenever the Director of Utilities finds that any person has violated or is violati ng this Chapter, or any prohibition, limitation or requirement contained herein, he may serve upon such person a written notice stating the nature of the violation and providing a reasonable time, not to exceed thirty (30) days , for the satisfactory correction thereof. A meeting with the Director of Utilities may be scheduled at the reques t of the violating person or the Director of Utilities to discuss the violation and/or satisfactory correction schedule. C. Methods of Notification Any notification required herein shall be served either personally or by registered or certified mail. ll • I • • • • • • D. Suspension of Service The City may suspend the wastewater treatment ser- vice and/or a wastewater discharge permit when such suspension is necessary, in the opinion of the Director of Utilities and/or Director of Wastewater Treatment, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment of the health or welfare of persons, to the environment, causes interference to the POTW, or causes the POTW to violate any condition of its NPDES permit. Any person notified of suspension of the wastewater treatment service and/or the wastewater discharge permit shall immediately stop or eliminate the discharge. In the event of a failure of the user to comply voluntarily with the suspension order, the Director of Utilities may take such steps as deemed necessary, including inmediate severance of the sewer connection, to prevent or minimize damage to the POTW or endangerment to any individuals. The Director of Utilities shall reinstate the wastewater discharge permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. The user shall pay all POTW costs and expenses for any such suspension and restoration of service. A detailed written statement submitted by the user describing the causes of the harmful contriootion and the measures taken to prevent any future occurrence shall be submitted to the Director of Utilities within fifteen (15) days of the date of occurrence. E. Permit Revocation Any user who violates the following conditions hereof, or applicable State and Federal regulations, is subject to having his permit revoked: 1. Failure of a user to report factually the waste- water constituents and characteristics of its discharges; 2. Failure of the user to report significant changes in operations or wastewater constituents and characteristics. 3. Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring. 4. Violation of conditions of the permit or this Chapter or any final judicial order entered with respect thereto. 5. Failure to pay any fees or charges. 12 • I • r f ( • • • • 6. Tampering with, disrupti ng, or destroying City equipment as determined by the Director, which determination shall be conclusive . 7. Failure to report an accidental discharge of a toxic pollutant. F. Legal Action Authorized If any user discharges into the POTW contrary to the provisions of this Chapter, Federal or State pretreatment require- ments, or any order of the City, the City Attorney may commence an action for appropriate legal and/or equitable relief, including a petition in a court of competent jurisdiction for a temporary restraining order, preliminary and permanent injunction against the violation. G. Termination of Service The City may terminate or cause to be terminated wastewater treatment servi ce to any user for a violation of any provisions herein. H. Civil Liability for Expenses Any person violating the provisions herein shall be liable for any e xpense , loss or damag caused the City by reason of such violation, including the incr costs, if any, for managing effluent and/or sludge , when such incr are the result of the user's discharge of toxic pollu nts. Di rec or shall add such charge to the discharger's trea I. Civil Fine Pass nu:ou In the event that a which cause the City to viola any and the City is fined by EPA or S r d 1scharges such pollutants 1tion of its NPDES permit for such viola ion , then total amount of the fine the State. such user shall be fully liable for the assessed against the City by EPA and/or J. Criminal Penalty and Fines Any person who violates the provisions of this Chapter shall be subject to a fine of not more than three hundred dollars ($300) or by imprisonment in the County Jail for a period of not more than ninety (90) days, or by both such fine and imprisonment, for each violation. Each day in which any such violation shall continue shall be deemed a separate offense. 13 I • - ( ( ~I ~~~ • • • .. - K. Appropriate Civil Penalties In addition to the penalties provided herein, the City may recover reasonable attorney's fees, court costs, court reporters' fees, and other expenses of litigation by appropriate legal action against the user found to have violated any provisions herein, or the orders, rules, regulations, and permits issued here- under. The attorney for the City, upon request of the City Council, shall petition an appropriate court to tmpose, assess, and recover such 8\IDS. Any person who shall violate any provisions of this Olapter shall be subject to inmediate disconnection of the sewer servicing the property upon or in connection with which the violation occurred. L. Appeal Procedure and Order Any permit applicant, permit holder, or other user affected by any decision, action, or determination, including cease and desist orders, made by the City other than by an Englewood Municipal Judge in interpreting or implementing the provisions herein, or any permit issued hereunder, may file with the Director a written request for reconsideration and a stay of the decision within ten (10) days of such decision, action, or determination, setting forth in detail the facts supporting the request, whereupon the Director of Utilities shall hold a hearing. The request for reconsideration shall be acted upon by the Director of Utilities within ten (10) days from the date of filing. The decision, action or determination may be stayed during such period of review by the Director of Utilities. If the decision of the Director of Utilities is unsatisfactory to the person appealing, he may file a written appeal to the Water and Sewer Board within ten (10) days after receipt of the decision. The Water and Sewer Board may hear the appeal and shall make a final ruling on the appeal within thirty-five (35) days of receipt of the user's written appeal. The decision, action or determination of the Director of Utilities may be stayed during such period of review by the Water and Sewer Board. After the Water and Sewer Board has reviewed the evidence, it may issue an order to cease and desist to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances are properly operated. FUrther orders and directive as are necessary and appropriate may be issued. The decision of the Water and Sewer Board shall be binding on all entities and the user until and unless ruled otherwise by an appropriate court. 14 • 1 J I • - ( I '( .. •· ,. ( • • • • H. Falsifying Infonnation No user shall knowingly make false statements, representations or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant hereto, or pursuant to its wastewater discharge permit, or falsify, ~r with, or knowingly render inaccurate any monitoring device or method required herein. Section 11. All ordinances of a general and permanent nature finally passed and approved by the City Council after March 31, 1985 but on or before the effective date of this ordinance shall be incorporated in the proper place in the Code, but nothing in such inclusion, or this authorization therefor, shall be construed as suspending the time such legislation takes effect; but such legislation shall became effective as if such inclusion were not authorized. Section 12. 'lbe repeal of any ordinance or any portion thereof as provided in Section 5 of this ordinance shall not affect or impair nor be applicable to: (a) Any act done or right vested or accrued or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect; but every act done, or right vested or accrued, or proceeding, suit, or prosecution had or commenced shall remain in full force and effect to all intents and purposes as if such ordinance or part thereof so repealed remained in force. No offense carmitted and no liability, penalty or forfeiture, civilly or criminally incurred, prior to the time when any such ordinance or part thereof shall be repealed or in any way altered by the provisions of this ordinance or the Englewood Municipal Code 1985 shall be discharged or affected by such repeal or alteration; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures shall be instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered. (b) Any general or special ordinance, resolution or motion heretofore passed, adopted and made validating, ratifying or legalizing the acts or omissions of any officer or validating any ordinance, act or proceeding whatever; but all validating or legalizing acts of and by the City Council whatsoever and now in force are hereby continued in force. (c) Any ordinance relating to the public debt or the public credit or any annexation of territory. (d) Any ordinance relating to a contract to which the City of Englewood, Colorado, is a party or to any contract made for its benefit. 15 • I • • I , I ( • • • - (e) Any ordinance, resolution or mot i on making appropriation of public funds. (f) Any ordinance levying a special benefit assessnent or creating a lien and debt against any property situate within the Ci ty of Englewood, Colorado, and inproved by the opening, widening, extension or paving of any street or public thoroughfare within the said City of Englewood and/or the installation of gutters, curbs, curbwalks or sidewalks along said streets or thoroughfares. (g) Any ordinance or resolution granting any franchise, license, right or revocable pennit to any person, finn or corporation, which franchise, license, right or revocable pennit was legally in force and effect on the date of the effective date of the Englewood ~nicipal Code 1985; it being the express intent and purpose of the City Council of the City of Englewood that every such franchise, license, right or revocable pennit shall expire as originally provided by the ordinance or resolution granting the same unless sooner tenninated by the Council, acting under and pursuant to the Charter of the City of Englewood. (h) Any ordinance or resolution promising or guaranteeing the payment of money by the City or authorizing the issuance and sale of General Obligation or Revenue Bonds by the City. (i) Any administrative ordinance or resolution of the City Council not in conflict or inconsistent with the provisions of the Englewood ~icipal Code 1985. (j) Any ordinance providing for and making the annual tax levy in and for the City of Englewood, Colorado. (k) Any ordinance or resolution establishing fees for building permits and inspections. (1) Any ordinance or resolution establishing the amount of bond to be posted by City officials. Oml Any ordinance or resolution relating to the salaries of City officers or employees. (n) Any ordinance, resolution or motion annexing territory to the City; or any ordinance or ordinances establishing land use zoning districts in the City, regulating the use of land and the use, bulk, height, area and yard spaces of buildings , adopting a map of zoning districts, providing for the adjustment, enforcement and amendment therefor. (o) Any ordinance, resolution or motion naming, renaming opening, accepting or vacating streets, alleys or rights-of-way in the City or any ordinance amending the same. 16 1 J I • • I ( I ( • • • - Section 13. The Englewood Municipal Code 1985, or any chapter or sect1on thereof, may be proved by a copy thereof, certified by the City Clerk of the City of Englewood under the Seal of the City; or when printed in book or pamphlet form and purporting to be printed by authority of the City, the same shall be received in evidence in all courts without further proof of the existence and regularity of the enactments of any particular ordinance and of said Code. Section 14. PUrsuant to and in compliance with 31-16-203 Colorado Revised Statutes, the City Clerk of the City of Englewood is hereby authorized and directed to publish notice of a public hearing on the adoption and enactment of the Englewood tobnicipal Code 1985 to the extent and pursuant to the schedule for such publications prescribed in 31-16-203 Colorado Revised Statutes, said public hearing to be held in the Council Chanbers, City Hall, 3400 South Elati Street, Englewood, Arapahoe County, Colorado, at ~ ·. B 0 -T:-36-p.m. on June 10, 1985. Section 15. (a) At frequent intervals after the approval of this ordinance, all ordinances of a general and permanent nature passed and approved during the preceding period shall be revised, arranged and prepared for publication in the form of looseleaf supplements, reprinting the page or pages of the Code affected, removing the amended or obsolete provisions and inserting the new provisions. (b) Any and all additions or amendments to the Code, when passed in such form as to i ndicate the intention of the City Council to make the same a part thereof, shall be deemed to be incorporated in the Code so that reference to the Englewood Municipal Code 1985 shall be understood and intended to include such additions and amendments. (c) In case of the amendment of any section of the Code for which a penalty is not provided, the general penalty as provided in Section 1-2-1 of such Code shall apply to the section as amended; or in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty , is provided in another section in the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended, unless such penalty is specifically repealed therein. Section 16. A copy of such Code shall be kept on file in the office of the City Clerk , preserved in l ooseleaf form, or in such other form as the City Clerk may consider most expedient. It shall be the express duty of the City Clerk or someone authorized by him, to insert i n their designated places all amendments or ordinances 17 • I • • ( ( • • • .. • which indicate the intention of the City Council to make the same a part of such Code when the same have been printed or reprinted in page form, and to extract fran such Code all provisions which may be fran time to time repealed by the City Council. 'ftlis copy of such Code shall be available for all persons desiring to examine the same and shall be considered the official Englewood ftmicipal Code 1985. Section 17. It shall be unlawful for any person, firm or corporat1on to change or amend by addi tiona or deletions, any part or portion of such Code, or to insert or delete pages or portions thereof, or to alter or taql& with such Code in any mnner whatsoever which will cause the ordinances of the City of Englewood to be misrepresented thereby. Arrj person, firm or corporation violating this section shall be punished as provided in Section 1-4-1 of Englewood ftmicipal Code 1985. Introduced, read in full, and passed on first reading on the 20th day of Hay, 1985. Published as a Bill for an Ordinance on the 22nd day of Hay, 1985. Attest: ~ L. Otls, Mayor ex officio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and ~lete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 20th day of Hay, 1985. Gary R. Hlgbee 18 • J I • • • • • • • • C 0 U N C I L C a M M U N I C A T I a N DATE AGENDA ITEM SUBJECT Adoption of the t-\ay 15, 1985 //c 1985 Englewood Municipal Code INITIATED BY Gary R. Higbee, Director of Finance ACTION PROPOSED Passage of a bill for an ordinance adopting the 1985 Englewood Municipal Code and a motion setting a public hearing and special meeting for June 10, 1985 RECOMMENDATION: Recommend that City Council pass a bill for an ordinance adopting the 1985 Englewood l1 unicipal Code to be effective July 13, 1985 requiring the timetable of events as listed below: "1ay 20, 1985 May 22, 19 85 Hay 29, 1985 June 10, 1985 Jun e 12, 1985 June 24, 1985 July 13, 1985 Pa ss the b ill for an ordinance on first reading adopting the 1985 Englewood Municipal Code, setting Monday, June 10, 1985, as a special meeting and public hearing to hear the code Publish the bill for an ordinance and notices of special meeting and public hearing Second publication Special meeting and public hearing Pass the ordinance on second reading adopting the 1985 Englewood Mun1cipal Code Publish the o rdinance by title Sterling Codifiers submits the final hardback municipal code book 1985 Englewood Municipal Code in effect The new Englewood Municipal Code is not being provided at this time becaus e the final draft changes have been submitted to Sterling that would include all the necessary ordinances inclusive through the first quarter of 1985. Sterling is scheduled to submit the final hardback copy by June 24, 1985. • I • • - • • • • -2- BACKGROUND: Because of the ordinances that are adopted or revised effecting municipal codes, it is good policy for cities to recodify their codes approximately every 10 years. The last time the Englewood Municipal Code was recodified was in 1969. ·In 1982 the City Council approved $11,400 for the purpose of issuing to codifying firms a request for proposal and approval for recodifying the Englewood Municipal Code. Subsequently, Sterling Codifiers was approved at a cost of $9,000. The City has been working with Sterling since that time drafting the code recodification. Drafts were reviewed by City departments and various changes were made as required. A calendar of events was worked out with City departments charged with the responsib ility of enforcing the Englewood Municipal Code specifying a certain date for enactment; whereby a change in forms relating to various enforcement ·actions could take place in preparation of the new code (traffic tickets, police citations, building permits, etc.) The City is now in a position to adopt the code. • I • • C 0 U N C I L DATE May 13, 198 5 • • - C 0 M M U N I C A T I 0 N AGENDA ITEM SUBJECT IlL Supplement to Permit No. ( CS8224) 1 NIT 1 ATED BY ____ G_a....:ry:..._D_i_ed_e....:,_D_i_r_e_ct_o_r_of_E_n.::.g ,_. n_e_e_r_i n....:g;.._Se_r_v_i_c_es ____ _ ACTION PROPOSED ____ E_xe_c_u_t_io_n~o_f_s....:u~p~p_le_m~e~nt~a....:l~pe~rm....:....:i~t_f....:r....:om....:-B....:u....:r_l....:in~g~t....:o....:n ____ ~ Northern Railroad Company BACKGROUND A permit granted to the City of Englewood by Colorado & Southern Railway Company, now Burlington Northern Railroad Company, on October 27, 1973 to allow construction and maintenance of a concrete apro n within their right-of-way, needs to be supplemented to allow for the rehabilitation of the West Harvard Gulch Storm Sewer outfall. Rehabilitation of the outfa ll, located between South Raritan Street and South Platte River and just north of West Yale Avenue, is necessitated by severe erosion around the existing concrete apron. The design and cons t ruction of the rehabilitation project is bein9 des ign ed and funded by Ur ban Drainage and Flood Control District as part of their mai ntenance program. A Resolution on this matter was passed by Council April 1, 1985 with a License Agreement attached in place of the Supplement prepared by Burlington Northern because the Supplement to Permit No . (CS8224) supplied by Burlington was vague. Burlington Northern refused to sign the License Agreement and insisted on the Supplement -to Permit No. (CS8224) supplied by them. As an alternative (approved by Burlington Northern and the City Attorney 's office), a new Resolution has been prepared attaching Burlington's Supplement and including the original "Contract for Encroachment Along Right-of-Way" to which the Supplement to Permit No. (CS8224) refers and numbering the pages to include all documents. FINANCIAL There is no fee for the permit issued by Burlington Northern Railroad. I • - • • • • • • • RECOMMENDA T1 ON It is recommended that the Supplement to Permit No. (CS8224) with attached original agreement be executed with Burlington Northern Railroad Company allowing Englewood to rehabilitate and maintain the outfall for West Harvard Gulch storm sewer on railroad right-of-way . • I • - • RESOLUTION oo.~ / SERIES <F 1985-- • • • A RESOLUTION APPROVING SUPPLEMmi' TO PERMIT 00. (CS 8224) B~ THE CITY <F EOOL!WOOD AW B~LINGTON OORTHERN RAILROAD CCMPANY FOR REHABILITATION CF THE WEST HARVARD GUU::H STORM SDiER OUI'FALL BE'IWEEN SOOTH RARITAN STREET AW THE SOUTH PLATl'E RIVER OUI'LET STROCTURE AW REPEALING ALL RESOLUTIONS IN COOFLICT HEREWITH. WHEREAS, Permit (CS 8224) dated October 27, 1973, (titled "Contract for Encroachment Along Right of Way") issued to City of Englewood by 'nle Colorado and Southern Railway Canpany, predecessor in interest to Burlington Northern Railroad COmpany, authorized construction and maintenance of a concrete apron and facing upon and across said Railroad's right of way at Englewood Station; and WHEREAS, because of severe erosion, it is now necessary for the rehabilitation of the west Harvard Gulch Storm Sewer outfall between South Raritan Street and the South Platte River on said Railroad's right of WllYJ and WHEREAS, Burlington Northern Railroad Canpany desires a supplement to said Permit (CS 8224) authorizing such construction on the railroad right of way; OOW, THEREFORE, BE IT RESOLVED BY 'nfE CITY CXXJtCIL CF THE CITY <F EOOLDroD, COLORADO, AS FOI..LCMS: Section 1. City Council hereby approves the attached Supplement to Permit (CS 8224) with copy of original Contract for Encroachment Along Right of Way dated October 27, 1973 as part of said Supplement (originally between The Colorado and Southern Railway COmpany, predecessor in interest to Burlington Northern Railroad Canpany) to allow for the rehabilitation of the west Harvard Gulch Sewer outfall between South Raritan Street and the South Platte River outlet structure just north of west Yale Ave. Said Supplement to Permit (CS 8224) with attachments is incorpor- ated herein by reference. Section 2. City Council hereby authorizes the Mayor to sign and ex off1cio City Clerk-Treasurer to attest ~id Supplement to Permit (CS 8224) CX'l behalf of City Council and the City of Englewood. 1 I • • - • • • • • • Section 3. Resolution No. 14, Series of 1985, relating to the License Agreanent for rehabilitation of the West Harvard Qllch storm sewer outfall is hereby repealed • ADOP1'ED All> APPROVED the 20th day of Hay, 1985. Attest: Eugene L. Otis, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of !nglewood, Col-~o, hereby .. ,.fy the above is a true, accurate and canplete copy of ResolutiOn No. __ , Series of 1985. Gary R. Higbee 2 • r I • • ' ' I Page 2 of S • • • I 1 ~\ .\ .... -' . , -, . I ~\ \ ' \J l \ \ ~ ' \; \ '. \ I I : •'-., -:.Ji \ . 'I 1.' ' ~43:.;,~· i:!-H~• ·"-Al. .:_l.<fllfl :"" lJoAA'O \ ' Tt ltiQtrete: _I:XHIBIT·A: 1-COt.IC • ..._..ltolol -.~I CATC:.I<\ 8.t..a11JQ ~ Oaa.1w"O.& .. , .... il,OHL .. ,.TACH&II- "''"''11•: CIT'!" o• I:.Will.. .. wdoo 111.1'!: "-40 TOWN : lt~GutWOOO COUNTY : A.I'APA-STATr: ~o IUIIL I NGTON NOIITHt:IIN IIAILIIOAD CO . Ot flee flf Artt t: ......... -Dill VI It, COLO. Sctlt : , •• lod 'lit · 20~"77.09 0 ... ,: :se -e • Dett . '&·11·1• h~o~ot No · DRC. 450 O..retint D"ile"' ~ I • • I ( • • • • - I CONTRACT FOR ENCROACHI>IENT ALONG RIGHT OF WAY ·nus AGREEI-IENT , made and entered into this ~ day of October, 19 73, between THE COLORADO AND SOlJffiERN RAILWAY COMPANY, a Colorado cor- pora tion, hereinafter c alled the "Railway" and the CITY OF ENGU:::WOOD, a mun i cipa l corporatiOn of the State of Colorado, hereinafter called the ''li censee", WITNF.SSETii : WtiEREAS~ the Licensee has requested a 1 iccnse fro11 the Rai htay to con :J truct a portion of a concrete apron and facing on the right of w3y of the Railway at Milepost 6.40 of its Sheridan Branch; and WHEREAS, the Railway is willing to &rant to the Licensee the right to construct and maintain said concrete apron and facina . NOW, THER EFOR E, in consideration of the SWII of One a nd No/100 Dollars ($1.00) in hand paid by Licensee to Railway immediately upon execution of this agreement, and upon the tems and conditions hereinafter set forth, the Railway hereby arants unto the Licensee a license to enter upon the pre•lses of the Railway at Milepost 6 .40 of the Sheridan Branch, City of Englewood, Colorado, to construct and thereafter maintain upon said right of way, at the sole expense of the Licensee, a portion of a concrete apron and fac i ng. location of which being shown in red on Print No. 112972, attached hereto and made a part hereof : 1 . Said conc rete apron and facing shall be construc ted and aaintained in such •anner and at such time or times and of such materials as shall 11eet with the approval of the Chief Engineer of the Railway , and shall not hinder, delay or endanger the operation of engine s , trains, cars or business of Railway over its track or tracks now laid or hereafter laid on said premises, or in any manner interfere with the present or future use of said pre11ises . The Licensee shall not enter upon said pre•ises for the purpose of c onstructing, maintaining or removing said concrete apron and facina ex cept upon forty-eiaht hours ' notice to the Chief Enaineer of Railway, and then a designated representative of Railway may oversee or inspect all of said work as it progresses, at the expense of Licens ee , a nd perfomance of such work shall be subjec t to his approval. 2 . In case Railway s hall, after said concrete apron and facing have been constructed, build upon its premises any additi onal track or tra cks , or struc tures, or make any changes in existing t ra c ks or structure s, the Licen s ee s hall, at on ce, at its own e xpense, •akc such changes in its said con c rete apron and fac ing as ma y b e nec e ssary to 11ake the same confora in the i r rel a t i on to s aid new tra c ks o r s truc tures, o r chanacs in exi s t i ng trac ks or s tructures, i n all respec t s t o t h e condi t ions herein required f o r s a i d present tracks or s tructures, o r as may be requi r ed by the Railway . J . Th e Licensee wilt at a 11 t imes r e l ease, pr otect. J ndemni f y and s a ve h a n~~l ess Rail way from all claims, dema nds, j udgme nt s , loss, costs and expe nses, fo r i nj ury to or dea t h o f any per s on , o r loss or damage to t he prope rty of any per son or pe r sons who.soever (i ncluJi ng bo t h part ies hereto and thei r emp l oyees), in any 11anne r a r ising from o r g r owing out of i n whol e or in part , the construction , recons truction , maintenance, operati on, repair, change , exis tence , use or r emoval of s a id conc rete ap r on and facing, whether caus ed by t he neg liaenc e of the Rail wa y. i ts s ervant s o r empl oyees. or oth erwise . 4 . If Li cen see s ha ll we ll and fa i t h f u lly com pl y wi th a ll the terms . covenants, a nd c onditions herein s et forth on the part o f Pa g e 3 o f 5 I • • • • • • Licensee to be observed and c 011plied with, the license herein granted by Railway shall continue in force to the full expiration of the period of one (1) year from the date hereof, and thereafter unt il terminated, upon not less than sixty (60) days' writt e n notice by either party hereto to the other ; but if Licensee shall fail to perfom any of the covenants herein c onta i ned, Railway shall ha.ve the right to teminate this lic ense forth · with und without notice . Any notice he rein provided for shall be suffi - cientl y given and delivered if ~Raile d in an envelope properly stamped 1 and alillre sscd to Licensee . Upon the temtno.tion of this license in any of the mode~ herein p rovided for, Licensee shall, at its own expense, upon be ing not ified so to Uo by Railway, remo ve said concrete apron and facing from said premises, and restore the ground to a. safe and level condition. an"' in case of its failure so to do, the Railway •ay at its option ret~~ove the concrete apron and facina fro~~ said premises at the sole expense of Licensee . 5. The Licensee shall not transfer or assign this license without the wr i tten c onsent of Railway. The said license s hall be bindina upon the heirs , persona l r epresent at ives, successor s and assigns of the parties hereto . IN WITNESS WIIEREOP, the parties hereto have executed th is instrtacnt, in dupli ca te, the day and year first above written . Attest : ~ / 41"?~/' Secretary Attest : ~ "r.,c(o .J ~at City Cl k Approved as ~ e Oepart•ent Approved : E.~~-~ ... ChJof F.nglnee r THE COLORA()() ANO S0lfll!ERH RAILWAY CGIPANY By J'l ~/;. r . J~«vC£ ./Pres~ent CITY OF ENGLEWOOn By ,;,ib, .tl21 ·s-. -4,,--- Its Mayor Page 4 of 5 -2 - • I • • z-_.-+-- Page 5 of 5 \. ' - • • • i . • • ... I ' ,, • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM Ma y 16, 1985 llF SUBJECT Revised agreement between City of Englewood & So.Sub.Rec.&Park Dist. to cons truc t hike/bike trail. INITIATED BY Parks and Recreation Department ACT I ON PROPOSED City Council approve revised agreement between City of Englewood and South Suburban Metropolitan Recreation & Park District for construction of a hike/ bike trail from the north boundary of the Englewood Golf Course to West Oxford. Background On April 15, 1985, City Council passed an ordinance on final reading authorizing an agreement between the City of Englewood and the South Suburban Metropolitan Recreation and Park District providing for the construction and maintenance of a hike and bike trail from the north boundary of the Englewood Golf Course to West Oxford Avenue. Recently attorneys for the Distr ict contacted the City and asked that the agree- ment be amended to address three concerns of the District . we subsequently met with the attorneys and District representatives and concurred i n the requested changes. we feel that these are minor in nature and see no reason why we should not amend the agreement. The first change is with Section 2 of the agreement wh ich was originally worded as follows: "City agrees to be responsible for the ultimate carpletion of said trail and maintenance of said trail after carpletion." This has been revised to read as follows: "City agrees to be responsible for the maintenance of the trail after carpletion." The second amendment is to add a new Section 4 which will require that the City pay $200,000 towards the construction of the trail and in the event that bids exceed $200 ,000, the parties can agree to rebid the contract or accept a bid for carpletion of less than the entire trail. The $200 ,000 of City funds are to come from the $100,000 grant previously made by the City and $100,000 that will be reimbursed to the City by the State of Colorado upon completion of the project . • I • • - • •• .( • • • Page 2 The third amendment is a new Section 5 which would allow the Foundation the right to solicit funds for other parts of the trail. There was a concern by the District that the old agreement would exclude them from soliciting such funds until our portion of the trail was completed because they are currently anticipating a grant from businesses in the new Littleton River- front development area for a trail to be constructed in that area. Financial Implications There are no changes in the financing of this project. Recarrnendat ion The Parks and Recreation Department and our office recarrnend that Council approve these changes • SUG GEST ED ACT ION : MOVED BY ______________________________ _ f i SECOND·-------------- YE S. _______ NQ. _______ .J'ABSENT ______________ _ I • • - r ORDINAOCE NO. SERIES OF 198-=-5--- • • • BY At1I'HORITY A BILL FOR COUNCIL BILL NO. 35 Hll'RODUCE9J_B_Y ~IL, MEMBER~ AN ORDINAN:E APPROVING AN AGREEMENI' BE'IWEEN THE CITY OF ENGL&JOOD, SOt1I'H SUBURBAN METROPOLITAN RECREATION AND PARK DISTRICT, AND SOUTH SUBURBAN PARK FOUNDATION TO COOSTROCT A HIKE/BIKE TRAIL FR<11 THE NORTH BOUNDARY OF ENGL&JOOD OOLF CXXJRSE TO WEST OXFORD AVENUE AND REPEALING ORDINAOCE NO. 20, SERIES OF 1985. WHEREAS, the City of Englewood is the owner of the hereinafter described lands; and WHEREAS, South SUburban Metropolitan Recreation and Park District desires to construct and maintain a recreational trail across the lands of the City; and WHEREAS, South SUburban Park Foundation shall solicit funds for said trail, if necessary; ~. THEREFORE, BE IT ORDAINED BY THE CITY COONCIL OF THE CITY OF ENGL&JOOD, COLORAOO, AS FOL~S: Section 1. That the agreanent between the City of Englewood, South SUburban Metropolitan Recreation and Park District, and South Suburban Park Foundation, a copy of which is attached hereto and incorporated herein by reference, to construct a hike/bike trail from the north boundary of Englewood Golf Course upstream to west Oxford Avenue is hereby approved. Section 2. That the Mayor and ex officio City Clerk-Treasurer are author1zed to sign and attest said agreement on behalf of City Counci 1 and the City of Englewood. Section 3. That Ordinance No. 20, Series of 1985 , pertaining to prev1ous agreanent between the City of Englewood and South SUburban Metropolitan Recreation and Park District for construction of a hike/bike trail is hereby repealed . Introduced, read in full, and passed on first reading on the 20th day of May, 1985. • I . - • • • • • 1985. Published as a Bill for an Ordinance on the 22nd day of May, Attest: Eugene L. Otls, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of !!bglewood, 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 20th day of May, 1985. Gary R. Hlgbee • I • • ( (I • • • • CONTRACT TO CONSTRUCT HI~E/BI~E TR~IL FROM NORTH BOUNDAR¥ OF ENGLEWOOD GOLF COURSE TO WEST OXFORD AVENUE THIS CONTRACT, made this day of 1 1985, between the CIT¥ OF ENGLEWOOD,-.-colorado municipal corporation, hereinafter •city,• SOUTH SUBURBAN METROPOLITAN RECREATION AND PAR~ DISTRICT, a Colorado quasi-municipal corporation, hereinafter •District,• and SOUTH SUBURBAN PAR~ FOUNDATION, a non-profit Colorado corporation, hereinafter •Foundation,• WITNESSETH WHEREAS, District and the City, acting through the Englewood Parka and Recreation Commission desire to cooperate in the construction of a section of the South Platte River Hike/Bike Trail from the North boundary of the Englewood Golf Course to West Oxford Avenue hereinafter (the •Trail•)J City shall contract with District for Diatrict to construct the Trail for the City. NOW THEREFORE, the parties hereby covenant and agree as follows: 1. District will prepare plans and specifications, call for bids and supervise contruction of the Trail. All plans (including plans for the exact location of the Trail as is mutually agreeable to the City of Englewood and the District), specifications and awarding of bids must be approved by the City before the start of constructi on. 2. City agrees to be responsible for the maintenance of the Trail after completion. 3. District shall meet all requirements as set forth by the Colorado Parks and Outdoor Recreation Division and Army Corps of Engineers in the expenditure of funds so as not to disqualify the City for reimbursement of $100,000 from the State Trail Fund or any additional grant funds from the ~rmy Corps of Eng i neers. 4 . City shall pay the District for the cost of the Trail, except that such payment shall not exceed a total of $200,000. In the event the bids received by the District for completion of the Trail exceed $200,000, the District shall consult with the City prior to acceptance of any bid. The parties may agree to rebid the contract or to accept a bid for completion of leas than the entire Trail pursuant to this agreement. 5 . In the event the parties agree to accept a bid for less than the entire section of Trail to be completed under this agreement, the Foundation shall solicit funds for completion of • I • • • • • CONTRACT TO CONSTRUCT HIKE/BIKE TRAIL FROM NORTH BOUNDARY OF ENGLEWOOD GOLF COURSE TO WEST OXFORD AVEN UE THIS CONTRACT, made this day of , 1985, between the CITY OF ENGLEWOOD,-a-colorado ~unicipal corporation, hereinafte r •city,• SOUTH SUBURBAN METROPOLITAN RECREATION AND PARK DISTRICT, a Colorado quasi-municipal corporation, hereinafter •Distr i ct,• and SOUTH SUBURBAN PARK FOUNDATION, a non-profit Colorado corporation, hereinafter •Foundation,• WITNESSETH WHEREAS, District and th e City, acting through the Englewood Parks and Recreation Commission des i re to cooperate in the construction of a section of the South Platte River Hike/Bike Trail from the North boundary of the Englewood Golf Course to West Oxford Avenue hereinafter <the •Trail•>r City shall contract with District for District to construc t the Trail for the City. NOW THERE FORE, the parties hereby covenant an d agree as follows: 1. Distr ict will prepare plans and specifications, call for bids and superv ise con truction of the Trail. All plans (including plan s for the exact location of the Trail as is mutua lly agreea ble to the City of Engl ewood and the Di strict), speci fications and awarding of bids must be approved by the City before the start of construction. 2. City agrees to be responsible for the maintenance of the Trail after completion. 3. District shall meet all requirements as set forth by the Colorado Parks and Outdoor Recreation Division and Army Corps of Engineers in the expenditure of funds so as not to disqu a lify the City for reimbursement of $100,000 from the State Trail Fund or any additional grant funds from the Army Corps of Engineers . 4 . City shall pay the District for the cost of the Trail, except that such payment shall not exceed a tot a l of $200,000. In the event the bids received by the District for completion of the Trail exceed $200,000, the District shall consult with the City prior to acceptance of a ny bid. The parties may agree to rebid the contract or to accept a bid for completion of less than the entire Trail pursuant to this agreement. 5. In the event the parties agree to accept a bid for less than the entire section of Trail to be completed under this agreement, the Foundation shall solicit funds for completion of • I • • - ( • • • • the Trail prior to soliciting funds for any other section of the South Platte River Trail. The foregoing provision however, shall in no way affect the Foundation'• right to aolicit such funds as are required to be raised as a condition to receiving grants or donation• from public or private entities for construction of aections of the South Platte River Trail other than the section to be completed under this Agreement, even if such funds must be solicited prior to solicitation of funds for completion of the Trail covered by this Agreement. 6. Payment shall be made to the contractor by the City from State reimbursable funds when a section of Trail is completed, in accordance with plans and specifications, after its inspection of the construction. A detailed expenditure on work completed must accompany each request for payment so that the City can be reimbursed for expenditures from the Federal and State grants. Inspection shall be made within a reasonable time and payment made within 15 days after completion of inspection. 7. City has delivered $100,000 of the $200,000 referred to in paragraph 4 to the Foundation prior to the date hereof. IN WITNESS WHEREOF, the parties hereto set their hands and seals the day and year first above written. SOUTH SUBURBAN METROPOLITAN RECREATION AND PAR~ DISTRICT By ~~ 'VI ATTEST:· Ctu : SOUTH SUBURBAN PARit FOUNDATION By~ t!f!...-L ATTE:n -L &'_~~ G ~ CITY OF ENGLEWOOD By Eugene L. Otis, Mayor ATTEST: 2 • I • • fl (I (:I • STATE OF COLORADO >ss. COUNTY OF ARAPAHOE) • • - The foregoing instrument as acknowledged before me this 8th day of fth)' , 1985, by Thomas C Fitzgerald - = My Commission expires: July 31, 1988 STATE OF COLORADO )ss. COUNTY OF ARAPAHOE) Blvd. The foregoing instrument was acknowledged before me this day of , 1985, by Eu~ene L. Otis as Mayor and Gary--- R. Higbee as ex officio City Clerk-Treasurer of the City of Englewood. My Commission expires: STATE OF COLORADO )ss. COUNTY OF ARAPAHOE) Notary Public Address: The foregoing instrument was acknowledged before me this -4t day of May , 1985, by Mary H. Carter of Sout~ ~U1;~1b~n Park Foundation. My Commissi~n expires: Notary Public / Address: 6315 South University Blvd. Littleton CO 80121 July 31, 1988 3 • I • • - • • C 0 U N C I L DATE Hay 1 5 , 1985 • • • C 0 M M U N I C A T I 0 N AGENDA ITEM //q u Grant of gas line easment in SUBJECT the Englewood Municipal Golf Course s. Clay St. parking lot INITIATED BY Engineering Seryi ces Department ACT I ON PROPOSED Council approval of t he easements sul:xnitted by Public Ser vice Co'!!.P._any of Colorado for_Qroperty l ocated at Englewood Municipal Go lf Course at S. Clay Street parkinq lot BACKGROUND Public Service Company of Colorado wishes to obtain a gas line easement throug h the golf course property f or construc ting, operati ng, maintaini ng, repairing, and replacing gas lines. Public Service Company wishes to i nstall a gas line t o s e rvice the new building at 2625 West Oxford Avenu e . I n order to d o t hi s , they are requesting a 1 0-foot eas ement from their main in the South Cla y Street p arking l o t south across the southerly portion of said parking lot. Atta che d is a copy o f the proposed easement and a map. FINANCIAL $1.00 payable from Public Se rvice Company to the City of Eng lewood. RECOMMENDA TION It i s r ecommende d that Council approve the easement submitted by Public Service Company of Colorado for the property located at the Englewood Municipal Golf Course South Clay Street parking lot. PJ</lo • I . - r < • ORDINAOCE NO. SERIES OF 198_5_ • • • BY AUTHORITY A BILL FUR COUNCIL BILL NO. 36 ~v~~ AN ORDINANCE APPlVIIING GRANT OF A UTILITY FAg~NT TO PUBLIC SERVICE <X.ffi'ANY 'niROUGH THE FNGLEloK)OO MUNICIPAL OOLF COURSE PARKING LOT ON SOUTH CLAY STREET FUR GAS LINE PURPOSES. WHEREAS, Public Service Company desires an easement through the golf course property for constructing, operating, maintaining, repairing, and replacing gas lines and for installation of a gas line to service the new building at 2625 west Oxford Avenue; and WHEREAS, the easement requested would be a 10-foot-wide easement from their main in the Sou th Clay Street parking lot south across the southerly portion of the parking lot; N:M, THEREEURE, BE IT ORDAINED BY THE CITY CX>!JtCIL OF THE CITY OF EN>LD«XX>, COLORADO, AS FULLOWS: Section 1. '111at the City Council hereby approves an easement to Publlc Servlce Company to install, construct, operate, maintain, repair and replace utility lines through, over, under, across and along a course in the South Clay Street parking lot of the Englewood ~n ici pal Golf Course as legally described in the attached easement, which is incorporated herein by reference. Section 2. That the Mayor and ex officio City Clerk- Treasurer are hereby authorized to sign and attest sa i d easemen t for and on behalf of the City Council and the City of Englewood. Introduced, read in full, and passed on first reading on the 20th day of May, 1985. Published as a Bill for an Ordinance on the 22nd day of May, 1985. Attest: Eugene L. Otis, Mayor ex officio City 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 20th day of May, 1985. Gary R. H1gbee • l I • I (_ ( • g "' w :z: g 0 ~ z ~ .... z w ~ > £ ... 0 ~ .... w :II 0 z q 7 q J; ..; ~ ~ ~ 0 .;; ~ V'l :0 N • • • RETAIN P'ERMANENTL V Document No . Plat No . 4-3748"'-'"'4"'3"5 ____ _ Grid No .---------- PUBLIC SERVICE COMPANY OF COLO RADO UTILITY EASEMENT The unctenlgned Gr1ntor hereby ecknowledges rece1pt of S from PUBLIC SERVICE COMPANY OF COLORADO, 5:~50J,..l1'!;5tLh-,S~t-,e-ot-. ~0-..,-,-.,-. "'Co_l_o,-odo-. 8020'2·4205, In consideration of which he hereby grants unto Mid ComPinv. its successors 1nd eaigne;, •n e-..ment to construct, oper1t1, meinteln, re~ir end replace utility lines end all fhnurtc and cMvk:a, ut.:t or uteful in the operetlon of said lines, through, over, under, «:rou end lllong 1 courM • said llnft mev be herea ft« constructed end repl.ced in Lot Blod( Sobdivlston ----------------- In th• . ..,--l~~Oll;I!Ll:TUli£F•A,l~ilT'--J.l.f..'4.4-...,.-----of Section..._;'-:------- P'ECOfiiDEfii'S ITAMI" Townthip 5 SOIITH , R.nge 68 WfST , of the SIXrn ~~~:':'r:,:~:: ~.~=~;v,~:-o-;f-:;th::-o-:-.. -.. -m::-o-n-t -,.-:.-...,-,"'lbod--:--.. -:t-:ol,-lows-,-· County of --...IAU!RAAr,PAiljH:IID!.tE;_ ______ • Commencing at the Northwest c o rner of t he Northeast 1/4 of Southeast 1/4 Section 5i the nce No rth 89°56' East, a long the No rth line of said Southeast 1/4, a distance of 90. 3 f e et; thence South 0004 ' East dis tanc e of 25.00 f e et t o a point o f curve. said poin t being on the Southerly line o f the Denve r a nd Rio Gra nde Weste rn Railroad right- of-way (now a b andon e d); thenc e a l ong said Southerly right-of-way on a curve to t he right whose long c h o rd b e ars South 78°00'45" East, having a central angle of 24°06' 31", an radius o f 611.31 feet, an arc distance of 257.2 2 f eet to the point of beginningi thence North 0°04' West a distance of 54.3 7 feet to the point of The .,;:~~f?,us on 1 ~he Norf~t81~ 1.Zid~1 ~e ~fde 8~~~i~11~~0gtd th~~f~~;~t;.~,fbe lengthenld lnd shortened " n.ces:urv to encompeu 1 continuous strip of not leu th1n the ebove width et ell po.nts on Grantor's PrDP9rty croaed b y the lbove detcrlbed centerline and extending to the boundaries of the ld)ICttnt properttet Together with the rlvht to enter upOn u ld prem1ses , to survav, conttruct, m1 fnteln, oper~te, repelr, reptece, control and use Slid uullty lin" end related fhtturn end devten. end to remove object• •nterfertng therewith , including the tnmming of trns end bush .. , end together with the rtgh t to use so much of the ldjoln /ng premises of Grentor during sun~eylng, c:onstruct•on, mam· tMence, repair, remove!, or repl~m.nt of saki Ut lhty II"" end related fucturet and device. as may be required to permit the operetion of ntndard ut1Hty constructiOn or repair tnidunarv. end the ught to permit the instJII.tOO of the fecilitlt1 of eny other com~ny The Grentor reserYes the r9lt to use end occupy the HMment for eny purpoM consistent with the nght end priv1l .. lbottt gr..,tld end which wtll not interfere wnh or endanger eny of the 111kt Compeny's f.:olil•ts therein or u.se thereof Suc:n ruenattOn tr; the Ortntor sh11i m no e.....n t 1ndude the rtght to erect or cauw to be 1r1ettd eny building~ or 1truc:tur" uoon the .... ment grantad or to locate W'IY mobile home tratler un itJ thereon In tiM of the J)lfmWMnt abwldonment of the eesement ell r~t. Ptivilege end interest granted lhaH termonatt The work of lnstelllne end me lntllntng Mid ltMI end relatld fixturw end devices shaU be dona wtth care , the wrfece elong ttte Mllf'Mnt lhetl be r•tored aubtt..,tllii V to IU oriQ•ntllevel and c:ond.t.on "Grtntor" shell lnch.ldt the singular, pl urei , fem•nl ne , rn...:ul!ne, end neutat Signed thb ------dey of ----------18 WITNESSES GRAN TOR C l T'l • FNGI.I:IiOOD A Ill 'TC!PAL CORPORATION ~ ~~ 0~F CO LORADO, : • z ~ ~ devol ________ , 18 __ by'------------------~ 8 Q ... "lf.-.'"-tWo•ff•'-'.,...,_..'"._ ... "'-'1-.... ........... ~lty ...... ,..-.,.. • ..,. ADOIItUi KJVEit '01f ADDI TIONAL NOTAitiEIJ • I • - • • • • ... RESOLUTION NO.~~ , SERIES OF 1985 A RESOLUTION PROVIDING FOR THE NOTICE OF SALE OF SPECIAL ASSESSMENT BONDS, OF THE CITY OF ENGLEWOOD, COLORADO, FOR PAVING DISTRICT NO. 30, IN THE PRINCIPAL AMOUNT OF $856,000 AND PROVIDING FOR THE PUBLICATION AND MAILING OF THE NOTICE. WHEREAS, the City Colorado, has, by Ordinance Paving District No. 30, for installing street paving, improvements, together with streets in the City; and Council of the City of Englewood, No • .JQ__, Series of 1985, created the purpose of construc ting and curb and gutter and sidewalk necessary incidentals, on certain WHEREAS, the City Council has determined that it is necessary to issue special assessment bonds for the District, for the purpose of paying part of the costs of such construc tion and installation; and WHEREAS, in accordance with the City Charter, it is necessary to advertise for the sale of the bonds; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: 1. Notice of Bond Sale. That notice of sale of special assessment b o nds in the total principal amount of $856,000, shall be given by publication in one issue o f the Englewood Sentinel, a newspaper published and of general circulation i n t he Ci t y , in the e d itio n d ated May 22, 19 8 5. 2. Fo r m of Notic e. shall be subst a nti a lly as follo ws : Th e fo r m o f t h e notice o f sale - 1 - • I • • -• • • OFFICIAL NOTICE OF BOND SALE $856,000 CITY OF ENGLEWOOD, COLORADO PAVING DISTRICT NO, 30, SPECIAL ASSESSMENT BONDS SALE DATE: 2:00P.M., MONDAY, JULY 1, 1985 PUBLIC NOTICE IS HEREBY GIVEN that the City Council of the City of Englewood, Colorado, (the "City") will on Monday, July 1, 1985, at 2:00 P.M. local time, at the office of the Director of Finance , ex-officio City Clerk, 3400 So, Elati Street, in Englewood , Colorado 80110, receive sealed bids and publicly open the same for the purchase of the registered special assessment bonds of the City, more particularly described below: BOND PROVISIONS ~: City of Englewood, Colorado , Paving District No. 30, Special Assessment Bonds, in the principal amount of $856,000, dated August 1, 1985, consisting of registered bonds in the denomination of $5,000 each (the "Bonds"). MATURITIES: All Bonds shall mature on August 1, 1996. For the purpose of comparison only, bids shall be submitted on the following estimated dates of payment: ESTIMATED PAYMENT DATE (August 1) Year 1986 1987 1988 1989 1990 1991 1992 Amount $301,000 145,000 120,000 85,000 85,000 60,000 60,000 The above estimated payment dates are based upon past experience of redemption by the City and their accurac y is no t guaranteed, - 2 - I • • • • • • INTEREST RATES AND LIMITATIONS: The maximum net effective interest rate shall not exceed fourteen percent (14%) 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. Separate or different "A" and "B" interest rates may be bid for each estimated payment date, but bids based o n split interest rates for any one estimated payment date will not be accepted. C. Each rate stated must be in multiples of one-eighth (1/8) or one-twentieth (1/20) of one percent (1%) per annum. PAYMENT AND REGISTRATION: The principal of and premium, if any, on the Bonds shall be payable in lawful 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 transfer and registration 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 them eligible for custodial deposit with the Depository Trust Company, New York, New York. PRIOR REDEMPTION: Bonds are subject to redemption at the option of the City, in direct numerical order on any interest payment date upon payment of par and accrued interest. SECURITY: The Bonds are payable solely from special assessments to be levied against the property within the District specially benefited by the construction and installation of the improvements. In addition, the Charter of the City and the ordinance authorizing the issuance of Bonds provide: "Whenever a Public Improvement District has paid and cancelled four-fifths - 3 - I • • • • • • • (4/5) of its bonds outstanding, and for any reason the remain i n g assessments are not paid in time to take up the final bonds of the district and interest thereon, then the City shall pay said bonds when due and interest due thereon, and reimbur se itself by collecting the unpaid assess ~~nts due said district". AUTHORIZATION: An Ordinance authorizing the issuance of the Bonds will be considered on first reading by the City Council on Monday, July 1, 1985, and on final reading, on Monday, July 15, 1985, and will be issued in accordance with Sections 107 and 110 of the City Charter. PURPOSE OF ISSUE: The Bonds herein offered for sale will be issued for the purpose of paying part of the cost of constructing and installing street paving, curb and gutter and sidewalk improvements, together with necessary incidentals, on certain streets within Paving District No. 30 in the City. TERMS 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 Englewood, 3400 So . Elati Street, in Englewood, Colorado 80110 . 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 $&$ 000 , or by a cash deposit in a like am o unt. Such check or cash deposit will be held as evidence of good faith pending the delivery of the Bonds, which deposi t (check or cash) shall be promptly returned to any such bidder if the bid is not accepted. -4 - • I • • ( • • • • TAX STATUS: In the opinion of b o nd coun se l, under existing laws, regulations, rulings and j udicial deci s i o ns, th e interest on the Bo n ds is exempt from federal income taxe s u n d er Section 103(a) of the Inter n al Revenue Code of 1954, as a men d eo, and is also exempt from Colorado Income Tax under existing laws o f the State of Colora d o. If , prior to the delivery of the Bo nd s t o the successful bid d er therefor, the income received by pr i vate holder s of obligati o ns of the same type and character sh all b e taxable or sh a ll b e r eq u i r e d t o be used in any in com e t a x c omp u ta ti on b y t he te rms of any fe deral or Colorad o law hereafte r e nacted , the suc c essf ul bid d er, at his election may, pr io r to the tender by the City o f the Bo nd s for delivery, be relieve d o f th e obligation under t he c o ntrac t to p urchase the Bonds. In such c a se the contract t o pu r ch a se the Bo nds will terminate, and the dep o sit accompanying the purchaser's b i d wi ll be returned t o the purchaser upon written request therefor. Any such o ption shall be exercised by a letter addressed to the bond couns e l hereinafter designated and deposited in the United States mails, as first class mail, postage prepaid. SAL E RES ERVATIONS: th e City reserves th e privi l e g e: (1) Of waivin g any i rre g ularit y o r i nformali ty i n a n y b id; (2) Of r e je c t i n g any a nd a ll b i d s fo r t he Bonds; and ( 3 ) Of r eoff er ing t h e Bo nds f o r sale i n a ny manner permitted by law. BA SIS OF AWA RD: The Bonds will be a warded to the bidder offering to purchase all of the Bonds a t 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 received, the Ci t y will determine in its complete discretion which bid will be accepted . TIME OF AWA RD: The City will have bids opene d at the time hereinabove specified . An announcement of the best bid will be made im mediately following the bid ope n ing . The City intends to take action to a ward t he best bid by resolution of the City Council at a meeting to be h eld on July 1 , 1985. - 5 - • I • ( • ( • • • • MANNER AND TIME OF DELIVERY: The deposit from 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 liquidated 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 August 16, 1985. 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, including any premium, 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 identification numbers will not be printed on the Bonds. CUSIP LEGAL OPINION, BONDS AND TRANSCRIPT: The legality of the bond issue will be approved by the firm of Lamm Edstrom & Braymer, P.C., 600 17th Street, Suite 2500 South Tower, Denver, Colorado 80202, whose unqualified approving opinion, together with the printed bonds, 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 -6 - • I • - ( • • • • bond counsel for the issue will be printed on each bond thereof at the City's expense, Bond counsel's approving opinion will 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 Counci 1 taken preliminary to and in the issuance of the Bonds and that bond counsel has found the same properly executed and in due legal 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•, The matters passed upon by bond counsel do not extend beyond those mentioned in the preceding paragraph. The opinion will state that bond counsel has not independently investigated or verified the adequacy and accuracy of the information contained in the Official Statement, Prospectus, Offering Circular or other similar documents, if any, and therefor assumes no responsibility for the accuracy, completeness or fairness of any statements made in connection with any purchase or sale of any of the Bonds. INFORMATION: 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 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 20th day of May, 1985. ( S E A L ) /s/ Gary R. Higbee D1rector of F1nance - 7 - • I . - ( • • • • SUMMARY NOTIC E OF BOND SALE $856,000 CI T Y OF ENGLEWOOD, COLORADO SPECIAL ASSESSMENT BONDS, PAVING DISTRICT NO, 30 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: r~onday, July 1, 1985 2:00 P.M. local time August 1, 1985 August 1, 1996 Lamm Edstrom & Braymer, P.c. Denver, Colorado For copies of the off i cial Notice of Sale and Official Statement of the City, please contact the Financial Consultant of the City, Hanifen, Imhoff Inc., 1125 17th Street, Su i te 1800, Denver, Colorado 80202, or the Director of Finance of the City, 3400 So. Elati, Englewood, Colorado 80110. Dated as of May 20, 1985. - 8 - Gary R. Higbee Di rector of Finance Englewood, Colorado • .. I • • : .... -·-- ( ( ( \ • • • • 3. Financial Consultant. the In additi o n to publicatio n of the notice of sale, the Director of Finance and the Financial Consultant are authorized to forward a co p y of the Prospectus and notice of sal e to those investment banking firms, banks and others who might be interest in bidding on bond s 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, Imhoff 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 he deemed a discount for purposes of the par sale requirement. 4. Severabilit~. That if any one or more sections or parts of this Resolution shall be adjudged unenforceable o r 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 20th day of May, 1985, ( S E A L ) Mayor ATTESTED: Director of Finance I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No. , Series of 1985, adopted a n d approved the 20th day of May~S. Gary R. Higbee -9 - • .J I • • • • $5,180,000 CITY OP ENGLEWOOD, COLORADO GENERAL OBLIGATION WATER REPUNDING BONDS, SERIES 1985 DATED JULY 1, 1985 Summary of Bids BIDDER: United Bank of Denver YEAR 1980 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 * Subject to change. PRINCIPAL AMOUNT $830,000 445,000 480,000 510,000 280,000 300,000 330,000 360,000 390,000 435,000 475,000 345,000• INTEREST 9.00 8.50 8.50 8.375 8.375 8.375 8.375 7.0 7.0 7.0 7.0 8.20 RATE J J J I J I J J Gro ss Interest Cost $2,550 6 400 Le ss Any Premium $ - - Total Interest Cost $2,550 000 Net Effective Int. Rate7.76o581 ----------------- BIDDER: Hanifen Imhoff Inc. YEAR 1980 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 * Subject to change. PRINCIPAL AMOUNT $830,000 445,000 480,000 510,000 280,000 300,000 330,000 360,000 390,000 435,000 475,000 345,000* INTEREST RATE 8.60 J 8.60 I 7.50 I 6.60 I 7.00 I 7.20 J 7.46 I 7.66 I 7.86 I 8.00 J 8.00 I 8.00 J Gross Interest Cost $2,562 6385.83 Total Int Cost $2,562,352.83 Less Any Premium $ 33. 0 Net Effective Int. Rate7.73666S ----------------- BIDDER: Continental Illinois Bank & Trust of Chicago YEAR 1980 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 * Subject to change. PRINCIPAL AMOUNT $830,000 445,000 480,000 510,000 280 ,000 300,000 330,000 360,000 390,000 435,000 475,000 345,000* INTEREST 8.50 8.50 8.50 8.50 8. 10 7.25 7.50 7.70 7.90 8.10 8.30 6.56 RATE I I I I I s ' I I s Gross Interest Cost $2,569,841.25 Total Int Cost $2,568,778.35 Less Any Premium $ 1,052.90 Net Effective Int. Rate7.75610S ----------------- • I . • • • • • • • 11 RESOLUTION NO. c1~ , SERIES OF 1985 A RESOLUTION AWARDING THE CONTRACT FOR THE PURCHASE OF GENERAL OBLIGATION 1-JATER REFUNDING BONDS, SERIES 1985, OF THE CITY OF ENGLEWOOD, COLORADO, IN THE PRINCIPAL AMOUNT OF $-~188,000. 6 3Z .;1'1) 1-JHEREAS, the City of Englewood, Colorado, h<ls preJiously authorized and issued its General Obligation Refunding Hater Rands, Series 1978, dated August 1, 1978, in the original principal amount of $8,455,000, of which there is presently outRtanding the principal amount of $4,740,000; and~ llHEREAS, the City has also authorized and issued its General Obligation Water Bonds, Series 1980, dated June 1, 1980, 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 all of the outstanding bonds of the issues described above shall be refunded for the purpose of reducing the total principal and interest payable on such obligations; and WHEREAS, the City Council has heretofore received from ~j !~t..l , of Denver, Colorado (the "Purchaser"), acting as a principal and underwriter, and not as an agent, an 5, 3ZS t!t:>O offer to purchase $5,189,600 of the City's refunding bonds to accomplish said refunding, which proposal is hereto attached as Exhibit "A"; and WHEREAS, said proposal has been determined by the City Council to comply with the applicable provisions of the law and to meet all of the necessary terms and conditions for said refunding; anct $', 3 e-s,o C) v WHEREAS, the $.-i,l88,660 of refunding bonds having been certified to the City Council to be sufficient, together with other legally available funds of the City, to accomplish said refunding, by the purchase, pursuant to and at the price indicated in said proposal, of non-callable "federal securities" as defined by Subsection 11-56-103(2), C.R.s., necessary to properly fund the refunding escrow account required to complete said refunding; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF' ENGLEWOOD, COLORADO: -1- • I • • - • • • • L-3;J.6 {)iJOSection 1. o, ' $§,189,966 (>f General • • • Award of Refunding Bonds. Obligation Water Refunding The award of Bonds, Series 1985, dated July 1, 1985 (the "Refunding Bonds"), is hereby made to the Purchaser in compliance with and including the details stated in the purchase proposal of said Purchaser. Section 2. Purchase Price. The Refunding Bonds are hereby sold to the Purchaser at a purchase price of s-1~ 3Cl5, 01) 0 plus accrued interest to the date of delivery, said price being such that the net effective interest rate for the Refundinq Bonds is 71tJtJ5'! % per annum, and the net interest cost from date to maturity of said issue is $ ".1; ' •=t. CJ.,.5 4-o, lli!!J-4q I · l.n 1 Section 3. Investments. It is hereby determined that the City Council should also accept and agree to the investment of such refunding bond proceeds and the other funds and monies in the non-callable federal securities designated in the purchase proposal and that said obligations, pursuant to and at the price set forth in said proposal, shall be acquired through the assist- ance of the Purchaser of the Refunding Bonds. Section 4. Execution of Purchase Proposal. The execution of the purchase proposal by the proper officers and officials of the City is hereby reaffirmed, and they are directed to do all things which are necessary and desirable to accomplish and complete the refunding procedure. Section 5. Repealer. All resoluti o ns, or parts thereof, in conflict herewith are hereby repealed, but only to th e extent of such conflict. Section 6. Severability. In the event that any part or provision of this Resolution should be judicially held invalid or unenforceable, such ruling shall not affect the rerr~aining parts and provisions hereof, the intention being that each such part and provision is severable • -2- I • • • • • • Section 7. Effective Date. This Resolution shall take effect immediately upon its adoption and approval. ADOPTED AND APPROVED This 20th day of May, 1985, ( S E A L ) Mayor ATTESTED: city Clerk I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No. , Series of 1985, adopted and approved the 20th day of May -;-TI"Bs • Gary R. H~gbee -3- • I • • • - • • • EXHIBIT "A" (Attach copy of purchase proposal) INFORMATION TO BE INSERTED MONDAY, MAY 20, 1985 • • I • • -4- • • - • • • • • 1 1 E 1 BY AUTHORITY ORDINANCE NO. SERIES of 1 985 ____ _ A BILL FOR COUNCIL BI LL NO. ~3~4~- INTRODUC~ BY CO UN CIL MEMBER ,ll...)14--£._ AN ORDINANCE TO CONTRACT AN INDEBTEDNESS ON BEHALF OF THE CITY OF ENGLEWOOD, COLORADO, AND UPON THE CREDIT THEREOF BY ISSUING GENERAL OBLIGATION WATER REFUNDING BONDS OF THE CITY IN THE PRINCIPAL AMOUNT OF $5-,186,600 FOR THE !), 3Z..5") ()<'I v PURPOSE OF REFUNDING OUTSTANDING INDEBTEDNESS OF THE CITY7 PRESCRIBING THE FORM OF THE BONDS: PROVIDING FOR THE LEVY OF AD VALOREM TAXES TO PAY THE SAME: PROVIDING FOR THE PROCEEDS OF THE BONDS TO BE DEPOSITED IN A SEPARATE TRUST ACCOUNT FOR THE PAYMENT OF THE BONDS BEING REFUND ED: AND PROVIDING OTHER DETAILS IN CONNECTION THEREWITH. WHEREAS, the City of Englewood, Colorado (the "City"), has heretofore duly authorized, sold, i ssued and delivered to the purchasers thereof $8,455,000 of i ts General Oblig at i on Refunding Water Bonds, Series 1978, dated Au g ust 1, 1978, (the "1978 Bonds") of which issue there now remains outstanding the tota l amount of $4,740,000, in the denomination of $5,000 ea c h, bea ring intere st payable semiannually on June 1 and December 1 e ach year and maturing serially o n De c embe r 1 as f ollows: Am o unt Maturity Interest Rate $245,000 1985 6.00 260,000 1 986 6.00 275 ,000 1987 6.00 $300 ,0 00 19 8 8 6 .0 0% 315 ,000 1989 6.00 345,000 1990 6 .00 365,000 1991 6 .00 395,000 1992 6 .00 $420,000 1993 6. 00% 445,000 1994 6. 0 0 485,000 1995 6.00 515,000 1996 6 .00 375,000 1997 6 .00 Bonds of this issue maturing on or after August 1, 1988 , are redeemable at the option of the City on August 1, 1987, and on -22 - • I • • • • • • • any interest payment date thereafter, in inverse numerical order , upon payment of par and accrued interest; and WHEREAS, the principal of and interest on the 1978 Bonds are payable at "n\e First National Bank. of Englewood, Englewood, Colorado; and WHEREAS, the City has also duly authorized, sold, issued and delivered to the purchasers thereof $1,300,000 of its General Obligation Water Bonds, Series 1980, dated June 1, 1980 (the "1980 Bonds") of which issue there now remains outstanding the total amount of $1,260,000, in the denomination of $5,000 each, bearing interest payable semi-annually on June 1 and December 1 each year, and maturing serially on December 1, as follows: Amount Maturity Interest Rate $250,000 1985 7 .8 0% 250,000 1986 6 .60 250,000 1987 6. 70 250,000 1988 6.75 260,000 1989 6.8 0 Bonds of this issue maturing on or after December 1, 1986, are redeemable at the option of the City on December 1, 19135, and on any interest payment date thereafter, in inverse numerical order, upon payment of par, accrued interest and a premium of 1 l/2% of the principal amount to be redeemed; and WHEREAS, the principal of and interest on the 1980 Bonds are payable at The First National Bank. of Englewood, in Englewood , Colorado; and WHEREAS, none of the 1978 Bonds and the 1980 Bonds (collectively, the "Outstanding Bonds") have heretofore been refunded, nor have any of the Sa!'le been redeemed or o therwise paid, cancelled, or retired by the City; and WHEREAS, after extended discussions and c o n s ultation with the City's financial advisor, it has been determined by the City Council that by entering into and comoleting a refundinq program at this time, the City can reduce the total principal and interest payable on the Outstanding Bonds; and -23 - • I • • • • WHEREAS, the City Council has determined and hereby determines that it is in the best interests of the City, and the inhabitants and taxpayers thereof, that the Outstanding Bonds described above in the total amount of $6,690,000 be refunded and that refunrling bonds be issued in the principal amount of 6~ e,Z-5, DD() $.&, 189,986-' for such purpose; and \'lHEREAS, the City has in its treasury and legally available for such purpose, the amount of $1q5 r?S.SO(the "Escrow Supplement"), which the City Council has determined and hereby determines to allocate, with the proceeds of said refunding bonds, to supplement the same, for the purpese of paying the principal of and interest on said Outstanding Bonds at their respective maturities as is hereinafter more specifically set forth; and ..... WHEREAS, the proceeds derived from the sale of said refunding bonds, together with the Escrow Supplement, after payment of the costs and expenses of the refunding procedure, shall be placed in a special fund and trust account, to be established as herein authorized, for the purpose only of paying the Outstanding Bonds being refunded, as to principal and interest as they become due and payable, all as is more particularly hereinafter set forth; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLE\~OD, COLORADO: Section 1. Authorization. In accordance with the Charter of the City, Title 11, Article 56, C.R.S., the Constitution of the State of Colorado; and all other laws of the State of Colorado thereunto enablinq, the City shall issue its qeneral obliqation water refunding bonds each to be desiqnated "General Obl igation water Refunding Bond, Series 1985", (the "Refunding Bonds" or "Bonds") in the total principal amount of 6~ 3~,0 1)0 $5 1 189 1 99&-, for the purpose of refunding the Outstanding Bonds, which the City Council has determined to refund. The Bonds shall constitute general obligations of the City, and the full faith and credit of the City shall be pledged for their payment. Section 2. Bond Details. The Bonds shall be issued only as fully registered Bonds without coupons in the denomination -24 - • I • • • • • of $5,000 each or any integral multiple thereof. Unless the City shall otherwise direct, the registered Bonds shall be numbered separately from 1 upward, with the number of each Bond preceded by "R-". The Bonds shall be dated as of July 1, 1985, and shall bear interest payable semiannually on February 1 and ~uqust 1 each year, commencing on February 1, l986, and shall mature on August 1 each year, as follows: !\mount $830,000 445,000 480,000 510,000 280,000 $300,000 330,000 360,000 390,000 435,000 $475,000 Hs,eee Maturity 1986 1987 1988 1989 1990 1991 1992 199 3 1994 1995 1996 1997 Interest Rate q 0 % g_, s 8~ g~ ~~ 8 .315-% 8 31) 2:..Q__ 2J2_ 'Z.._Q_ 'Z_Q__% 6'· 20 The maximum net effective interest rate authorized for this issue of Bonds is 1.1bt5g% per annum, and the actual net effective interest rate is 1.?tJc68 % per annum. Section 3. Payment of. Bonds; Paying Agent and Bond Reqistrar. The principal of and premium, if any, on the Bonds are payable in lawful money of the United States of A.rnerica to the registered owner of each Bond upon presentation at the principal office of 11le First National Bank of Englewood, in Englewood, Colorado, or its successor, as paying aqent (the "Paying Agent"). Notwithstanding anything contained in this Ordinance to the contrary, interest on any Bond is payable to the person in whose name such 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, or its successor, as bond registrar (the "Bond Registrar"), at the close of business on the fifteenth (15th) day of the calendar month next -25 - I • • • • • preceding each interest payment date (the "Re c o rd Date"), i rrespective of any transfer or exchange of such Bond s u bseq u en t to such Record Date and prior to such interest payment date. Such payment shall be paid by check or draft of the Paying Agent. "nle principal of, premium if any, and interest on the Bonds shall be paid in accordance with the terms of a "Bond Pay i ng Agent and Registrar Agreement" between the City and The First Na tional Bank of Englewood, Englewood, Colorado. Section 4. Prior Redemption. Bonds maturing on and after August 1, 1994, are subject to redemption prior to maturity, at the option of the City, as a whole or in integral multiples of $5,000, in inverse order of maturity, on August 1, 1993, and on any interest payment date thereafter, upon payment of par, accrued interest, and a premium of 1.0% of the principal amount so redeemed. If less than all of the Bonds within a maturi t y are t o be redeemed on any prior redempti o n date, the Bon d s t o b e rede emed shall be selected by lot not l e ss than forty-fiv e (45) days pr io r to the date fixed for redempti o n, i n such mann e r a s t he Bon d Registrar shall determine . The Bonds shall be rede em ed only in integral multiples of $5,0 0 0. In t he e ve n t a Bo nd is of a denomination larg er t h an $5 ,000, a p or t io n o f s uch Bond ma y be redeemed, but only in the principal amount of $5,000 or any integral multiple thereof. Such Bon d s h a l l be tr e ated f or t he purpose of redemption as tha t numb er of Bon d s wh i c h results from d i vid i ng the principal amoun t o f such Bo n d by $5,000. In t h e e ve nt any of the Bonds or por t io n s t h ereof (wh ich shall be in amounts equal to $5 ,000 or any integral multiple thereof) are called for redemption as aforesaid , notice thereof identifying the Bonds or portions thereof to be redeemed will be given by the Bond Registrar by mailing a copy of the redemption notice by fi rst class mail (postaqe prepaid), not less than thirty (30) days prior to the date fixed for redemption , to the register ed ow ner of each Bond t o be redeemed in whole or in part at the add r ess shown on the registration books maintained by or on behalf of the City by the Bond Registrar. Failure to give such -26 - • I • • • • • • - notice by mailing to any bondowner, or any defect therein, shall not affect the validity of any proceeding for the redemption of other Bonds. All Bonds so called for redemption wi 11 cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment at that time. Section s. Form and Execution of Bonds. The Bonds shall be signed with the facsimile or manual signature of the Mayor of the City, sealed with a facsimile or manual impression of the seal of the City, and attested by the facsimile or manual signature of the Director of Finance, ex-officio City Clerk of the City. Should any officer whose facsimile or manual signature appears on the Bonds cease to be such officer before delivery of the Bonds to the purchaser, such facsimile or manual signature shall nevertheless be valid and sufficient for all purposes. The Bonds shall be in substantially the followi~g form: -27 - • I • • - • No. R-___ _ • • • [Foi'!TI of Bond) [Front of Bond) UNITED STATES OF AMERICA STATE OF COLORADO COUNTY OF ARAPAHOE CITY OF ENGLEWOOD s ___ _ GENERAL OBLIGATION WATER REFUNDING BOND, SERIES 1985 INTEREST RATE MATURITY DATE REGISTERED OWNER: PRINCIPAL AMOUNT: ORIGINAL ISSUE DATE JULY 1, 1985 DOLLARS "nle City of Englewood, in the County of Arapahoe and State of Colorado, for value received, hereby acknowledges itself indebted and promises to pay to the registered owner named above, or registered assigns, on the maturity date specified above, the principal amount soecified above, and in like manner to pay interest on such principal amount (computed on the basis of a 360-day year of twelve 30-day months) from the interest payment date next preceding the date of registration and authentication of this Bond, unless this Bond is registered and authenticated prior to February 1, 1986, in which event this Bond shall bear interest from July 1, 1985, at the interest rate per annum specified above, payable semiannually on February 1 and Auqust 1 each year, commencing on February 1, 1986, until such principal amount is paid, unless this Bond shall have been previously called for redemption and payment shall have been duly provided for or made. The principal of this Bond and premium, if any, are payable in lawful money of the United States of America to the registered owner upon presentation at The First National Bank of Englewood, in Englewood, Colorado, or its successor, as Paying Agent. -28 - • I • • • • • • Payment of each installment of interest shall be made to the registered owner hereof whose name shall appear on the registration books of the City maintained by or on behalf of the City by The First National Bank of Englewood, in Englewood, Colorado, or its successor, as Bond Registrar, at the close of business on the fifteenth (15th) day of the calendar month next preceding each interest payment date (the "Record Date"), and shall be paid by check or draft of the Paying Agent mailed to such registered owner at his address as it appears on such registration books. REFERENCE IS HEREBY MADE TO FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH FURTHER PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF FULLY SET FORTH IN THIS PLACE. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the authorizing Bond Ordinance until the certificate of authentication hereon shall have been signed by the Bond Registrar. IN TESTIMONY WHEREOF, the City Council of the City of Englewood, has caused this Bond to be signed by the facsimile signature of the Mayor of the City, sealed with a facsimile of the seal of the City, and attested by the facsimile signature of the Director of Finance, ex-officio City Clerk, all as of the lst day of July, 198 5. (FACSIMILE SEAL) ATTESTED: By: ____ ~(~F~a~c~s~i~m~i~l~e~~S~i~g~n~a~t~u~r~e~l~-- Director of Finance, ex-officio City Clerk CITY OF ENGLEHOOD, COLORADO By: ____ ~(~F~a~c~s~i~m~i~l~e~~S~i~g~n~a~t~u~r~e~) __ _ Mayor -29 - I • • - • • • • • • [Form of Bond Registrar's Certificate of Authentication] CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds of the issue described in the within mentioned Bond Resolution. Date of Registration and Authentication: The First National Bank of Englewood, Englewood, Colorado, as Bond Registrar By: __ ~A~u~t~h~o--r~i-ze~d~STl_g_n_a~t-o_r_y ____ __ -30 - • I • • - • • • • [Back of Bond] ADDITIONAL PROVISIONS This Bond is one of a series aggregating Five Million One Hundred Eighty Thousand Dollars ($5,180,000) par value, all of like date, tenor, and effect except as to number, principal amount, interest rate, and date of maturity, issued by the City Council of the City of Englewood, in the County of Arapahoe and State of Colorado, for the purpose of refunding outstanding general obligation water bonds of the City, and for the payment of costs and expenses incidental to such refunding, by virtue of and in full conformity with the Home Rule Charter of the City, the constitution of the State of Colorado, Title 11, Article 56, C.R.S., and all other laws of the State of Colorado thereunto enabling, and pursuant to the duly adopted Ordinance authorizing the issuance of this Bond. Pursuant to Section 11-56-107(6) of said Article 56, such recital shall conclusively impart full compliance with all of the provisions of s<~id Article, and this Bond issued containing such recital is incontestable for any cause whatsoever after its delivery for value. It is hereby recited, certified, and warranted that all of the requirements of law have been fully complied with by the proper officers in issuing this Bond. It is hereby further recited, certified, and warranted that the total indebtedness of the City , including that of this Bond, does not exceed any limit prescribed by the City Charter, or the constitution or laws of the State of Colorado; that this Bond was authorized by an ordinance passed and adopted prior to the issuance hereof; and that provision has been made for the levy and collection of an ad valorem tax on all of the taxable property within the City, without limitation of rate or amount, to the extent other funds are not made available for such payments, sufficient to pay the principal of and interest on this Bond as the same respectively become due . -31 - I • • • • • • The full faith and credit of the City are hereby pledged for the punctual payment of the principal of and interest on this Bond. Bonds of this issue, of which this Bond is one, maturing on and after August 1, 1994, are subject to redemption prior to maturity, at the option of the City, as a whole or in integral multiples of $5,000, in inverse order of maturity, and if less than an entire maturity is to be redeemed, then by lot within such maturity, on August 1, 1993, and on any interest payment date thereafter, upon payment of par, accrued interest, and a premium of 1.0% of the principal amount so redeemed. The Bonds will be redeemed only in integral multiples of $5,000. In the event a Bond is of a denomination larger than $5,000, a portion of such Bond may be redeemed, but only in the principal amount of $5,000 or any integral multiple thereof. Such Bond will be treated for the purposes of redemption as that number of Bonds which result from dividing the principal amount of such Bo nd by $ 5, 0 0 0 • Notice of prior redemption shall be given by mailing a copy of the redemption notice, not less than thirty (30) days prior to the date fixed for redemption, to the registered owner of this Bond at the address shown on the registration books maintained by the Bond Registrar, in the manner set forth in the authorizing Bond Ordinance. All Bonds called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment at that time. The City and the Bond Registrar shall not be required to issue or transfer any Bonds: (1) during a period beginning on the Record Date and ending at the close of business on the ensuing interest payment date, or (2) during the period beginning on any date of selection of Bonds to be redeemed and ending on the day on which the applicable notice of redemption is given. The Bond Registrar shall not be required to transfer any Bonds selected or called for redemption, in whole or in part. The City, the Paying Agent, and the Bond Reqistrar may deem and treat the register.ed -32 - I • • - • • • • • • owner of any Bond as the absolute owner thereof for all purposes (whether or not such Bond shall be overdue) and any notice to the contrary shall not be binding upon the City, the Paying Agent, or the Bond Registrar. This Bond is transferable by the registered owner hereof in person or by his attorney duly authorized in writing, at the principal office of the Bond Registrar, but only in the manner, subject to the limitations, and upon payment of the charges provided in the authorizing Bond Ordinance and upon surrender and cancellation of this Bond. This Bond may be transferred upon the registration books upon delivery to the Bond Registrar of this Bond, accompanied by a writt en instrument or instruments of transfer in form and with guaranty of signature satisfactory to the Bond Registrar, duly executed by the owner of this Bond or his attorney-in-fact or legal representative, containing written instructions as to the details of the transfer of the Bond, along with the social security number or federal emoloyer identification number of such transferee. In the event of the transfer of this Bond, the Bond Registrar shall enter the transfer of ownership in the registration books and shall authenticate and deliver in the name of the transferee or transferees a new fully registered bond or bonds of authorized denominations of the same maturity and interest rate for the aggregate principal amount which the registered owner is entitled to receive at the earliest practicable time. The Bond Registrar may charge the owner of this Bond for every such transfer an amount sufficient to reimburse it for its reasonable fees and for any tax or other governmental charge require d to be paid with respect to such transfer • -33 - • I • • • • • • [Form of Transfer] ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns, and transfers unto SOCIAL SECURITY OR FEDERAL EMPLOYER IDENTIFICATION NUMBER OF ASSIGNEE (Name and Address of Assignee) the within Bond and does hereby irrevocably constitute and appoint , attorney, ~t-o~t~r-a __ n_s~f~e-r---s-a~i~d~Bo~n_,d __ o_n--~tLh-e-.b~o~oLk~s-.k-e~p~t~'f~o-r--~r~e-q~i~s~t-r-a~t~ion thereof with full power of substitution in the premises. Dated: __________________________________ __ Signature of Registered Owner: NOTICE: The signature to this assignment must correspond with the name of the registered owner as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. Signature guaranteed: (Bank, Trust Company, or Firm) -34 - • I • • • Section 6. obligatory for any • • • Au then t ica t ion. No Bond shall be valid or purpose or be entitled to any security or benefit under this Ordinance unless and until a certificate of authentication on such Bond substantially in the form hereinabove set forth shall have been duly executed by the Bond Registrar, and such executed certificate of the Bond Registrar upon any such Bond shall be conclusive evidence that such Bond has been authenticated and delivered under this Ordinance. The Bond Registrar's certificate of authentication on any Bond shall be deemed to have been executed by it if signed by an authorized officer or signatory of the Bond Registrar, but that the same officer or signatory it shall not be necessary sign the certificate of authentication on all of the Bonds issued hereunder. Section 7. Delivery of Bonds. Upon the adoption of this Ordinance, the City shall execute the Bonds and deliver them to the Bond Registrar, and the Bond Registrar shall authenticate the Bonds and deliver them to the purchasers thereof, as directed by the City, and in accordanc::e wi:!h_a "Bond Purchase Agreement" between the City and~ y:;n/}~ &~-v-v , Denver, Colorado (the•underwriter•). Section 8. Registration and Transfer of Bonds; Persons Treated as Owners. The Bond Registrar shall maintain the books of the City for the registration of ownership of each Bond as provided in this Ordinance. Bonds may be transferred upon the registration books upon delivery of the Bonds to the Bond Registrar, accompanied by a written instrument or instruments of transfer in form and with guaranty of signature satisfactory to the Bond Registrar, duly executed by the owner of the Bonds to be transferred or his attorney-in-fact or legal representative, containing written instructions as to the details of the transfer of such Bonds, along with the social security number or federal employer identification number of such transferee. No transfer of any Bond shall be effective until entered on the registration books. In all cases of the transfer of a Bond, the Bond Registrar shall enter the transfer of ownership in the -35 - • I • • - • • • • • registration books and shall authenticate and deliver in the name of the transferee or transferees a new fully registered Bond or Bonds of authorized denominations of the same maturity and interest rate for the aggregate principal amount which the registered owner is entitled to receive at the earliest practicable time in accordance with the provisions of this Ordinance . The Bond Registrar may charge the owner of such Bond for every such transfer of a Bond an amount sufficient to reimburse it for its reasonable fees and for any tax or other governmental charge required to be paid with respect to such transfer. The City and Bond Registrar shall not be required to issue or transfer any Bonds: (1) durinq a period beginning on the Record Date and ending at the close of business on the ensuing interest payment date, or (2) durinq the period beginnin g on any date of selection of Bonds to be redeemed and ending on the day on which the applicable notice of redemption is given. The Bond Registrar shall not be required to transfer any Bonds selected or called for redemption, in whole or in part. New Bonds delivered upon any transfer shall be valid general obligations of the City, evidencing the same obligation as the Bonds surrendered, shall be secured by this Ordinanc e, and shall be entitled to all of the security and benefits hereof to the same extent as the Bonds surrendered. The City, the Paying Agent, and the Bond Registrar may deem and treat the registered owner of any Bond as the absolute owner thereof for all purposes (whether or not such Bond shall be overdue), and any notice to the contrary shall not be binding upon the City, the Paying Agent, or the Bond Registrar. Section 9. Destruction of Bonos . \-lhenever any out- standing Bond shall be delivered to the Bond cancellation pursuant to this Ordinance and upon principal amount and interest represented thereby, outstanding Bond shall be delivered to the Bond transfer pursuant to the provisions hereof, such Registrar payment of or whenever Reqistrar Bond shall for the any for be cancelled and destroyed by the Bond Registrar and counterparts of -36 - I • • - • • • • a certificate of destruction evidencing such destruction shall be furnished by the Bond Registrar to the City. Section 10. Lost Bonds. Any Bond that is lost, stolen, destroyed, or mutilated may be replaced or paid by the Boncl Registrar in accordance with and subject to the limitations of applicable law. The applicant for any such replace ment Bond shall post such security, pay such costs, and present such proof of ownership and loss as may be required by applicable law, or in the absence of specific requirements, as may be required by the Bond Registrar. Section 11. Disposition ancl Investment of Bond Proceeds. The Bonds shall be issued and sold for the purpose of payinq the costs of refunding outstanding general obligation water bonds of the City, and for the payment of costs and expenses incidental to such refunding. Neither the Underwriter nor any subsequent owners of the Eonds shall be responsible for the application or disposal by the City or any of its officers of the funds derived from the sale thereof . All or any portion of the Bond proceeds may be temporarily invested or reinvested, pending such use, in securities or obligations which are lawful investments. lt is here by cove nan ted and agreed by the City that the tempera ry investment or reinvestment of the original proceeds of the Bonds, or of any moneys treated as proceeds of the Bonds within the meaning of Section 103(c) of the Internal Revenue Code of 1954, as amended (the "Code"), and pertinent regulations, rulings, and decisions, shall be of such nature and extent, for such period , and at such yield, that the Bonds shall not be or become arbitrage bonds within the meaning of Section 103(c) of the Code and pertinent regulations, rulin g s, and decisions. Section 12. Pledge of Ad Valorem Taxes. If necessary, the interest to become due on the Bonds through December 1, 1985 , shall be advanced from any revenues or funds of the City lawfully available for such purpose, including, but not limited to, the accrued interest on the Bonds to be paid by the purchaser on the date of delivery. For the purpose of reimbursing said advance and -37 - I • ( • • • • paying the interest on and principal of the Bond s as the same become due and payabl e respe c tively, there shall be levi e d by the Board of County Commissioners of the County of Arapahoe, Colorado, on all of the taxable property in the City, in additi o n to all other taxes, direct annual taxes in each of the years 1985 to 1997, inclusive, sufficient to make such reimbursement and pay th e interest on and principal of the Bonds as the same become due and payable, respectively, to the extent other funds are not made available for such payments. Such ad valorem taxes shall be levied in addition to all o ther taxes levied to effect the pur- poses of the City, including taxes levied to meet the City's operation and maintenance expenses. There is hereby established the "City of Enqlewood Principal and Interest Fun d , 1985" (the "Bond Fund"). Said taxes when collected shall be deposited i n the Bond Fund and applied solely for the repayment of sai d advance and the payment of the principal of and interest on the Bonds, respectively, u ntil the Bonds, as to both principal and interest, shall be fully paid, satisfied, and discharged; provided, however, that nothing herein contained shall be so const rued as to prevent the City from applying any other funds or reven ues that may be in the treasury of the City and ava ilable for that purpose, to the payment of the principal of or interest on the Bonds as the same respectively mature and accrue , and upon the application of any other such funds or revenues as aforesaid, the mill levy or levies herein provided may thereupon to that extent be diminished. The foregoing provisions of this Ordinance are hereby declared to be the certificate of the City Council to the Board of County Commissioners of Arapahoe County, Colorado, showing the aggregate amount at taxes to be levied for the purposes aforesaid by said Board of County Commissio ner s from time to time, as required by law, for the purpose of reim b ursinq said advance , if any, and paying the principal of and the interest on the Bonds as the same hereafter mature or accrue. The amounts necessary to pay all costs and expenses incidental to the issuance of said Bonds and th e am ounts herein- -38 - I • - ( • • • ,. • above provided to pay the interest on said Bonds and to discharge the principal thereof when due are hereby appropriated for said purposes, and such amounts as appropriate for each year shall also be included in the annual budget and the appropriation bills to be adopted and passed by the City Council in each year, respectively, until the Bonds have been fully paid, satisfied, and discharged. It shall be the duty of the City Counci 1 of the City, annually, at the time and in the manner provided by law for levying other City taxes, if such action shall be necessary to effectuate the provisions of this Ordinance, to ratify and carry out the provisions hereof with reference to the levying and collection of taxes; and the City Council shall levy, certify and collect said taxes in the manner provided by law for the purpose of creating an account for the payment of the principal of the Bonds and interest thereon, and said taxes, when collected, shall be kept for and applied only to the payment of the interest and principal of the Bonds as hereinabove specified. Section 13. Additional Tax Levies in the Event of Delin- guency. Said taxes shall be levied, assessed, collected, and enforced at the time and in the form and manner and with like interest and penalties as other general taxes in the State of Colorado, and when collected said taxes shall be paid to the City as provided by law. In the event any of said levies or the charges that may be made by the City shall fail to produce an amount sufficient to pay the interest on and the principal of the Bonds becoming due in the next succeeding year, the deficit shall be made up in the next levy, and taxes shall continue to be levied until said Bonds and the interest thereon shall be paid in full. The City Council shall take all necessary and proper steps promptly to enforce the payment of taxes levied pursuant to this Ordinance. Section 14. Application of Net Revenues. Notwithstand- ing the foregoing provisions for tax levies, the City covenants and agrees to establish, maintain, and enforce a schedule of rates, tap fees, tolls, and charges for the availability of, con- nection to, and I.!Se of the water facilities of the City, which -39 - • I • (. • • • • together with said tax levies and all other revenues of the City, shall be sufficient to pay the cost of operating and maintaining said facilities and to pay the principal of and interest on the Bonds as the same respectively mature and accrue. Section 15. Defeasance. When all principal, interest, and prior redemption premiums, if any, in connection with the Bonds hereby authorized have been duly paid, the pledge and 1 ien and all obligations hereunder shall thereby be discharged and the Bonds shall no longer be deemed to be outstanding within the mean- ing of this Ordinance. There shall be deemed to be such due payment when the City has placed in escrow and in trust with a commercial bank located within or without the State of Colorado, and exercising trust powers, an amount sufficient (including the known minimum yield from Federal Securities in which such amount may be initially invested) to meet all requirements of principal, interest, and prior redemption premiums, if any, as the same become due to their final maturities or upon designated prior redemption dates. The Federal Securities shall become due at or prior to the respective times on which the proceeds thereof shall be needed, in accordance with a schedule established and agreed upon between the City and such hank at the time of the creation of the escrow, or the Federal Securities shall be subject t o redemption at the option of the holders thereof to assure such availability as so needed to meet such schedule. Section 16. Escrow ll.ccount; Use of Proceeds. There is hereby established the "City of Englewood Bond Refunding Escrow Account, 1985" (the "Escrow Account"). The proceeds of the &Jnds , less certain costs and expenses of issuance payable therefrom, which expenses are hereby authorized to be paid from the proceeds of the Bonds, shall be deposited by the City in the Escrow Account to be established and maintained at the Bank. In addition, the approximate amount of $1?..5.J7f.50, being legally available funds of the City , (the "Escrow Supplement"), is hereby appropriated and shall be deposited by the City in the Escrow Account for the purpose of supplementing the proceeds of such Bonds. -40 - • I • • "l. - • ( • • • • The Bank is hereby authorized and directed to us e such monies to provide for the payment of the acquired obligations to be held in the Escrow Account and to fund the Escrow Account with the necessary beginning cash, if any, as required in accordance with the escrow sufficiency computations verified by a Certified Public Accountant. Thereupon, the balance, if any, of Bond proceeds held by the Bank, the City, or any other person, shall be deposited in the City's Bond ~und to be held for the payment of the principal of or interest on the Bonds. The foregoing provision shall apply only to excess funds in the Escrow Account on hand at the time of delivery of the Bonds, and no further distribution of funds on hand in the Escrow Account shall be made to the City except at the time of termination of the Escrow Agreement or as provided therein. The accrued interest, if any, on the Bonds from their date to the date of issuance and delivery thereof shall be deposited in the Bond ~und and held for the payment of interest on the Bonds when due. Section 17. Payment of ~tstanding Bonds. The Escrow Account, including therein the proceeds of the Bonds and the Escrow Supplement, when invested by the Bank shall at all times be at least sufficient to pay the interest on and principal of the ~tstanding Bonds, under and in accordance with the following schedule: (A) Bonds of the designated issues, numbered and maturing as follows, shall be paid and retired at their respective maturity dates according to their original terms: ~ Bonds Haturing 1980 Bonds 1978 Bonds 1985 to 1989, incl. 1985 to 1998, incl. (B) Interest on the Outstanding Bonds which matures in the years 1985 and thereafter shall be paid semiannually each year on the proper interest payment dates according to their original terms, until said Ou ts tanding Bonds mature. -41 - • I • • (. • • • • Section 18. Investmer.t of Escrow .&.ccount. In accord- ance with the Escrow Agreement, the Bank shall invest the funds on deposit in the Escrow Account in non-callable Federal Securities only, and shall fully secure any cash balance in said Account in the manner required by law for other trust funds. Section 19. Additional Deposits. If for any reason the funds on hand in the Escrow Account shall be at any time insufficient to meet payments of principal of and interest on the Outstanding Bonds, as the same shall become due and payable, the City shall forthwith deposit in the Escrow Account such additional funds as may be required to pay the entire amount about t o become due and payable. Section 20. Obligations of Bank. The Bank shall from time to time redeem at maturity all or a portion of the non- callable Fecieral Securities in the Escrow Account in sufficiant amounts so that the proceeds therefrom and the interest thereon as the same accrues will he sufficient to meet the interest requirements on the Outstanding Ronds as ~u ch interest accrues and to pay said Outstanding Bonds at their r.~spective maturities . Section 21. Authorization to Execute Escrow Agreement. The Mayor and the Director of F'inance, e x-off t c t o City Clerk shall, and they are hereby authorized and dir•?.::t -:•1 o take all necessary or appropriate action tow ard the execution o f a proper Escrow Agreement with the Bank concer niny the deposi ts in , investments of, and disbursem ents from the Escrow Acco un t, and such other agreements as may be necessary or desirable to effectuate the pr o visions of this Ordinance and comply with the requirements of law. Sect ion 2 2. Notice of Refunding. The Director o f Finance is hereby authorized and di rected to give not ice of refunding of the Outstanding Bonds at or a bout the time of such refunding. The notice shall be sent by certified mail to t he following, at the last known address thereof: -42 - • I • • - • ( • • • • (1) The First National Bank of Englewood, Englewood, Colorado, (As paying agent for the Outstanding Bonds) (2) The Northern Trust Company 50 South LaSalle Street Chicago, IL 60675 (As purchaser of the Series 1978 Bonds) (3) United California Bank Bond Department Box 3666 Terminal Annex Los Angeles, California 90051 (As purchaser of the Series 1980 Bonds) (4) Consolidated Bond Call c/o Elaine Shea United Bank of Denver One United Bank Center 1700 Broadway Denver, Colorado 80274-0120 Section 23. Authorization to Execute Collateral Documents. The officers of the City and the members of the City Council are hereby authorized and directed to take any and all other actions necessary or appropriate to effectuate the provisions of thic; Ordinance, including, but not limited to, the execution of a bond paying agent agreement , a bond registrar and transfer agent agreement, and such certificates and affidavi ts as may reasonably be required by the purchaser of the Bonds. Section 24. Declaration and Findings. The City Council, having been fully informed of and having considered all the pertinent facts and circumstances, does hereby find, determine, and declare: (A) The taxable property upon which taxes will be levied for the payment of the Bonds is identical to the taxable property upon whi ch tax levies are being made for the payment of the OUtstanding Bonds, and the Bonds -43 - • I • • • (, • • • - shall be payable from t he same funds to b e deriv ed from the same source as would h a ve b e e n use d to p ay th e Outstanding Bonds if no refund i ng thereof were to occur; and (B) The funds and investments to be placed in the Escrow Account, together with inte rest to be deriv ed from such investments, are in an amount which at all times shall be sufficient to pay the OUtstanding Bonds as they b ecome due at their respective maturities as to principal and interest and the computations made in determining such sufficiency have been verified by a Certified Public Accountant; and (C) The total agqreqate amount of bonded indebtedness of the City does not now, nor shall it upon t h e i ssuance of the Bo n d s , exceed any appl i cable l im it prescri b ed by the City Charter, or th e c onst i t u tion o r laws of the Sta te o f Colo rado; and (D) Th e issuanc e of the Bonds and th e re fundi n g o f the Outstandi ng Bonds , and all procedur e s undert a ken in c ident t h e reto , a r e i n full complianc e an d con f ormi t y w it h all applicable requirem en ts , prov isions , and limi - tations prescribed by the Ci t y Charter , and the c o n stitu t io n and laws of t he S tate of Colorado the r eunto e n a blinq , particularly Ti t le 11 , Article 56, Part 1 , C .R.S .; a nd (E ) En t ering i nto a n d completing the refunding program h er ein authorized at this time will enable the City to r educe the principal and interest payable on the Outstan d i n g Bonds . Section 25. Ratification and Approval of Prior Actions . All actions heretofore taken by the officers of the City and members of the City Counc i l , n ot inconsistent with the provisions of this Ordinance , r el a t i n q t o t he a u thorization , sale , issuance , and deli v ery of the Bonds , be and t he same are hereby ra t ified , approved , and confirmed. -44 - • I • • - - ( • • • Section 26. Ordinance Irrepealable. After any of the Bonds have been issued, this Ordinance shall constitute an irrevocable contract between the City and the bondowners, and this Ordinance shall be and remain irrepealable until the Bonds and the interest accruing thereon shall have been fully paid, satisfied, and discharged, as herein provided. Section 27. Repealer. All orders, ordinances, and resolutions of the City, or parts thereof, inconsistent with this Ordinance are hereby repealed to the extent only of such incon- sistency, Section 28. Severability. If any section, paraqraph, clause, or provision of this Ordinance shall for any reason he held to be invalid or unenforceable, the invalidity or unenforce- ability of such section, paragraph, clause, or provision shall not affect any of the remaining provisions of this Ordinance, the intent beinq that the same are severable. Section 29. 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, flzvn= ~~ 198 5. Section 3~blication 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 -45 - I • • - - • (. • • • • Publication. This ordinance shall become effective thirty (30) days after publication following final passage. Introduced, read in full, and passed on first reacHng, the 20th day of May, 1985. r1ay, 1985. Published as a Bill for an Ordinance on the 22nd day of (SEAt) 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 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 20th day of May, 1985. Gary R. Higbee -46 - • I • In - ( • ( • C 0 U N C I L DATE May 15, 1985 • • • C 0 M M U N I C A T I 0 N AGENDA ITEM lie- SUBJECT General Obligati on Water Refunding Bonds, Series of 1985 INITIATED BY Gary R. Higbee, Director of Finance ACTION PROPOSED Pa ss a resolution awarding the purchase of bonds and a a bill for an ordinance authorizing the issuance of \'later refunding bonds if substantial savings are realized. RECOMMENDATION: ~ecommend that City Council pass the resolution and bill for an ordi- nance for the purchase and issuance of general obligation water re- funding bonds if the savings therefrom are substantial. BACKG~OUND: As set forth in Section 106 of the City Charter, Council may authorize, by ordinance and without an election, issuance of refunding bonds for the purpose of paying outstanding bonds of the City. A proposal to refinance the outstanding principal amount of the City general obligation water bonds was presented by Hanifen, Imhoff, and the Finance Department on May 6, 19 85, and the anticipated savinqs is ex?ected to be substantial. To accomplish the issuance, the attached schedule of events was pre - pared. Accordingly, on 1-ionday, May 20, 1985 bond bids will be re- ceived, evaluated, and presented to City Council for consideration. • I • -• • - Hanifen . Imhoff Inc Investment Boni..E''S ( Date April April 15 -30 Hay 1 $6,000,000 CITY OF ENGLEWOOD, COLORADO GENERAL OBLIGATION WATER REFUNDING BONDS SERIES 1985 SCHEDULE OF EVENTS (As of Xpr1l 15, 1985) Event - -Review of refinancing alternatives and recommendations -Selection of financing model/structure -Draft of Prospectus and Notice of Sale -Deliver resolution of sale and related information to City Council -Forward related documents to Moody's Investors Service 1. Prospectus and Notice of Sale 2. Form of escrow agreement 3. Form of bond ordinanee 4. Bid form 5. Form of legal opinion 6. Financial data for City ( lay 6 -Regular meeting of City Council ( Hay 7 Hay 9 Hay 15 Hay 17 Hay 20 Hay 21 Hay 23 • -Adopt sale resolution -Prospectus and Notice of Sale text to printer -Publish Notice of Sale -Prospectus returned from printer -Hail Prospectus to Moody's Investors Service -Hail Prospectus and Notice of Sale to potential bidders -Bond Ordinance delivered to City Council -Assignment of bond rating -Bond bids received and evaluated (2:00 p.m.) -Regular meeting of City Council (7:30 p.m.) -City Council awards sale of bonds -City Council adopt Ordinance on first reading -Bond form forwarded to printer -Order escrow securities (open markets/SLGS) -First publication of Bond Ordinance • I • • - ( .!!!!! Hay 28 June 3 June 6 June 18 June 28 July 1 July 6 ( July 9 • ( • • • • Honifen . Imhoff Inc Inve stm ent Bo~er s $6,000,000 CITY OF ENGLEWOOD, COLORADO GENERAL OBLIGATION WATER REFUNDING BONDS SERIES 1985 Event - -Bond form approval and order printed bonds -Second reading of Bond Ordinance -Second publication of Bond Ordinance -Printed bonds delivered to Trustee for execution -Closing and delivery certificates to City for execution -Advise successful bidder of closing date -Date of Refunding Bond Issue -Effective date of Ordinance -Bond proceeds delivered to City 2 • I • •