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Home My WebLink About1985-06-17 (Regular) Meeting Agenda• • - • • 0 City Council Meeting -Regular -June 17 , 1985 • • • • • 0 0 I . . • • ( • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL JUNE 17, 19 8 5 7 :30 P.M. l. Ca 11 to order. ~ 2. )1 Invocation . - 3. ~Pledge of allegiance. 4. Roll Call. 5. Minutes. 1'1 .. 11 .. L,A1Y'fAfi (a) Minutes of the regular meeting v;T -·. '}$,... J.o4..A• • ~ 'fl ~ c:;L.b-.4..,. -.. ~ (b) Minu es of the special meeting of June 3 , 1985 . of June 10, 1985. 6. Pre-Scheduled Visitors. to 10 minutes.) (Please limit your presentat i on (a ) Mrs. Wil liam Cof fi n, 3057 South Galapago Street , will p r ese n t the City Counc i l with a gun t ha t · belonged to Jacob C . J ones, th e fi rst May or of the ~ ~ City of Englewood. ~~on-Scheduled V~s(Zl (~lease limi"Jo u < p <eseotation ,A U to5minutes .),~~Fr-~~'f"~ 8 . Communicatio n s a n d Pro c l a mations. ~(a) • Letter fr o m Mr . B il l P a tterson resigning h i s po sition f r om the Liquo r Lic ens e Author ity • • I • • • • Page 2 June 17, 1985 Agenda 8. Communications and Proclamations (Continued). AAA.I~ ~·(b) Letter from Mrs. Barbara Holthaus resigning her position on the Downtown Development Authority. ~ (C) Petition from the Maddox Parent Advisory Council. 9. Consent Agenda . (a) Minutes of the Housing Authority meetings of February 27 and March 27, 1985. (b) Minutes of the Urban Renewal Authority meetings of May 1 and 15, 1985. (c) Minutes of the Planning and Zoning Commission of May 21, 1985. (e) (f) Ordinance on final reading approving a water line easement for Camden Place I Development located at West Grand Avenue between South Acoma and South Delaware Streets. Ordinance on final reading amending the Englewood Municipal Code to clarify the maximum weight of certain commercial vehicles and equipment which can be parked within the City and restricting the parking of trucks used to transport hazardous substances. Ordinance on final reading amending the Englewood Municipal Code to redefine "Derelict Vehicle" for clarification and enforcement purposes. 10. Public Hearing. 11. Ordinances, Resolut i ons and Motions. ~(a) Recommendation from the Utilities Department to approve the award of bid for the repaint in g of the South Sherman Street water tank to M & M Tank and Tower in the amount of $6,000. • Recommendation from the City Manager's Office to approve a bill for an ordinance transferring a one-half interest in the real property at the Bi- City Treatment Plant to the City of Littleton as per agreement • • I • • • • Page 3 June 17, 1985 Agenda 11. Ordinances, Resolutions and Motions (Continued). c_.'i>~c) y ,.J.J-'1 ... ~0 ~-,,,, 12. City Recommendation to approve a bill for an ordinance requiring that restitution be made to victims by defendants found guilty of crimes involving damages and /or bodily injury. • Manager's Report.~ It~ 13. City Attorney's Report. Jt~ General Discussion. 14. ~ u ~ J> /))LJ.o H-J (a) Mayor's Choice.-~ ~ i; ~ /1-~r . (b) counc il Member's choice:l... ~r ~ l ~· 15. Adjournment. ~~ ~D. ESPINO W~g City Manager JDE /sb -~A o~~L~-!J~ ~ ~6o·m. • I • • • • • ~~7'~ G-11-es- AGENDA ITEM ---PRESENTED BY ----- ROLL CALL l'loved Seconded Ayes Nay Absent Abstain Hlgday Neal Vobe1da Weist Bllo Bradshaw Otis MOTION: I . • • • - AGENDA mM --1-PRESENTED B Y --------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain -mC~dav ,__- Neal v- Vobeida /..- Weist L-- Bile L- Bradshaw v Otis 1/' MOTION: I . • • • - AG E NDA ITEM P RE SENTE D B Y --------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday - Neal - Vobe i da -y Wei s t -Bllo -,..... Bradshaw Otis - MOTION:~ I • • • • • • • AGENDA ITEM r= conded IITOdav Ayes Nay '- Absent I-- y I Neal I Abstain Vobe,da -I ---, Weist -I 1 ~ -- Moved Se ~ r-v I I Bllo I 1 Bradshaw -r I Ot 1 s - I-3 I MOTION: I • • • • • - PRESENTED BY ------AGENDA ITEM 6 c.-' 7rn~·~-·~ ~~ ,-- • ~~a;::;:;_ 1 ROLL CALL Ayes Nay Absent II" Hl(Jday --p Neal / vobeida / Wilst / -Bllo Bradshaw ) Otis / • Abstain I . • • - P RESENTED B Y -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain n1gaay Nea_l Vobe]da Wei s t _8_1 lo Bradshaw Otis MOTION : I • • • • • - • - AGENDA ITEM PRESENTED BY -------- ROll CAll Moved Seconded Ayes Nay Absent Abstain v Hlgday / Neal 7 Vobe1da 7 Weist / Bi lo -v Bradshaw / Otis / I • • • • - AGENDA ITEM --'~'--'6"----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent AbstaIn Hlgday I v Neal / Vobeida / \ole I st Bllo / -v Bradshaw / Otis 1/ I • • • • • - AGENDA ITEM PRESE NTED BY ROLL CALL Moved Seconded Ayes Nay Absent Abstain HTacav Neal / v-Vobeida 7 Weist / Bllo - _.~!:._ Bradshaw / I I OtIs / . MOTION: I • • • • AGEND A ITEM PRESENTED B Y -------- , ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgoay _V Neal / Vo beida / Weist Bllo -~ Bradshaw L Ot i s / MOTION:~ I • • • • • • • AGENDA ITEM 1/v-PRES ENTED B Y );4 ~ ~ ROLL CALL Moved Seconded Ayes Nay Absent Abstain t11gCiay Neal y Vo bei da Weist Bile v Bradshaw Otis I • • MOTION:~ • • • • AGENDA ITEM --~~~~~~~·~ PRES ENTED BY ---------------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain HIQdav I v-Neal _/ ~ Vobe1da I Weist I Bi lo -Bradshaw / Otis / MOTION: c.__ 8 .tt .5 I • • • • .. • AGENDA ITEM II~ PRESENTED BY ~ ROLL CALL Moved Seconded A yes Nay Absent Abstain v HlgCiay ~ Neal / Vobe i da I We st I Bllo -Bradshaw /' Otis / MOTION : ~ ~ ~ I • • • • • • AGENDA ITEM ~~~ PRESENTED BY !)u-1-£0 /J A ~ ~~ ~RO L LCAL L Moved Seconded Ayes HTgday , ____ NeaT 7 Vobe-lda / We st y Bi lo Bradshaw 7 L Otis / Nay Absent - 'fl.., ..-.L ~ 0 . 7 .A o-(_ '...1.--P'~- MOTION: t-/1 1:; ~~ ....__ • • Abstain --- -1 I . REGULAR MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado June 3, 1985 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on June 3, 1985, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Reverend Dan Gardinier, South Evangelical Presbyterian Fellowship, 3311 South Broadway. The pledge of allegiance was led by Mayor Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Neal, Weist, Bilo, Bradshaw, Otis. Absent: Council Members Higday, Vobejda. The Mayor declared a quorum present. * * * * * * * Also present were: City Manager McCown * * * Assistant City Manager Vargas City Attorney Olsen Chief of Police Holmes Assistant Director of Commun ity Development (Planning) D. Romans Deputy City Clerk Owen * * * * MAYOR PRO TEM BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF MAY 20, 1985. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Bilo, Bradshaw, Otis. Nays: None. Abstain : Council Member Weis t . Absent: Council Members Higday, Vobejda. The Mayor declared the motion carried. * * * * * * * I • • • June 3, 1985 Page 2 • • • Mayor Otis, Mayor Pro Tern Bradshaw, and Council Member Bilo presented recognition awards to Englewood High School athletes who placed first in the Division and/or proceeded to State Tournament competition in various sporting events. Susan Bilo, Council Member Bilo's daughter, was one of the athletes presented with an award. Mayor Otis noted that Ms. Bilo was a nominee for the Ruby Miller award, a member of the National Honor Society, and a member of the student council. Mayor Otis noted that Englewood High School was sending the largest track team to State competition with the first male athletic to return to State in 10 years. Also, Englewood High was the first baseball team to return to State back-to-back in 20 years • • • • • • • • Mrs. Thursia Pfeifer, 6605 West 13th Avenue, Lakewood, representing the Englewood Jaycees, was present. Mrs. Pfe ifer requested permission to charge an admission fee of $1.00 for adults and no fee for children 12 years and under at the 4th of July fireworks celebration. When asked what were the anticipated expenses and collections for this year's display, Mrs. Pfeifer answered $6,500 and $4,000 respectively. Mr. Rich Dutro came forward and explained when the collections received by volunteers walking through the crowd and asking for donations were less than $2,400, the Jaycees decided to see if Council would allow them to charge an admission fee. Mayor Otis was in favor of an admission fee and suggested posting signs that an admission fee was required for entrance. Chief Holmes agreed. Mayor Pro Tern Bradshaw offered the help of City st a ff to h av e th e s i gns made up. Ms. Bradshaw also asked Mr. Ayers of the Engl e wo o d Sentinel to publish the appropriate notice. COUNCIL MEMBER NEAL MOVED TO APPROVE THE JAYCEES REQUEST FOR AN MANDATORY ADMISSION STRUCTURE SUCH AS DESCRIBED AND TO DIRECT STAFF TO WORK WITH THE JAYCEES ON IMPLEMENTATION. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Weist, Bilo, Bradshaw, Otis. Nays: None • I • - • • June 3, 1985 Page 3 Absent: • • • Council Members Higday, Vobejda. The Mayor declared the motion carried • • • • • • • • Mayor Otis a sked if there were any other visitors wishing to address City Council. Mike Gruninger, 12403 West Stanford Drive, Morrison, came forward. Mr. Gruninger stated he was a firefighter for the City of Englewood. He expressed displeasure with Council Member Neal's statement in the newspaper that the firefighters were going on strike. Council Member Neal denied making such a comment and stated Mr. Gruninger may have misunderstood the article. Both agreed to meet after the meeting to re-read the article • • • • • • • • "Consent Agenda Items" were: (a) (b) (C) (d) (e) Minutes of the Planning and Zoning Commission meeting of May 7 and 14, 1985 . Minutes of the Public Library Advisory Board meeting of May 14, 1985. Ordinance on final reading approving an agreement between the City of Englewood and the South Suburban Metropolitan Recreation and Parks District for construction of a hike and bike trail from the north boundary of the Englewood Golf Course to West Oxford Avenue. Ordinance on final reading approving an easement to the Public Service Company at the South Clay Street parking lot of the Englewood Mun icipal Golf Course for the purpose of constru~tion, operating, maintaining, repairing and replacing gas lines. Ordinance on final reading approving 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 • • - • • • June 3, 1985 Page 4 (f) • • .. • Recommendation from the Urban Renewal Authority to approve a motion to set a public hearing on July 1, 1985 at 7:30 p.m. to consider an amendment to the Downtown Redevelopment Plan. MAYOR PRO TEM BRADSHAW MOVED TO APPROVE CONSENT AGENDA ITEMS 9(A)-(F). Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Weist, Bilo, Bradshaw, Otis. Nays: None. Absent: Council Members Higday, Vobejda. The Mayor declared the motion carried. Consent Agenda Item 9(c) was numbered Ordinance No. 31, 9(d) was numbered Ordinance No. 32, 9(e) was numbered Ordinance No. 33 all Series of 1985. • • • • • • • MAYOR PRO TEM BRADSHAW MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER AN ORDINANCE CONCERNING THE ISSUANCE OF GENERAL OBLIGATION WATER REFUNDING BONDS. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Weist, Bilo, Bradshaw, Otis. Nays: None. Absent: Council Members Higday, Vobejda. The Mayor declared the motion carried . City Manager McCown stated the purpose of the bond issue was to refinance outstanding water bonds and thereby save money over the life of the debt. There was no one present either in favor of or in opposition to the issuance. MAYOR PRO TEM BRADSHAW MOVED TO CLOSE THE PUBL IC HEARING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Council Members Neal, We ist , Bilo, Bradshaw, Otis. • I • • • June 3 , 1985 Page 5 Nays: Absent: • • None. Council Members Higday, Vobejda. The Mayor declared the motion carried. ORDINANCE NO. 34 SERIES OF 1985 BY AUTHORITY COUNCIL BILL NO. 34 INTRODUCED BY COUNCIL MEMBER BRADSHAW 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 $5,325,000 FOR THE PURPOSE OF REFUNDING OUTSTANDING INDEBTEDNESS OF THE CITY; 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 REFUNDED; AND PROVIDING OTHER DETAILS IN CONNECTION THEREWITH. MAYOR PRO TEM BRADSHAW MOVED TO PASS COUNCIL BILL NO. 34, SERIES OF 1985, ON FINAL READING. Council Member Bile seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Weist, Bile, Bradshaw, Ot i s. Nays: None. Absent: Council Members Higday , Vobe j da. The Mayor declared the motion carried. * * * * * * * Assistant Director of Commu ni ty Development (Planning) Dorothy Romans presented the final plat of Centennial Trade Center II Subdivision wh ich has been recommended for approval by the Planning and Zoning Commission. Ms. Romans stated the applicant was in the audience should Council have specific questions to ask . MAYOR PRO TEM BRADSHAW MOVED TO APPROVE THE FINAL PLAT OF CENTENNIAL TRADE CENTER II SUBDIVISION. Council Member Bilo seconded the motion. Upo n a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Weist, Bile, Bradsh aw , Ot is . Nays: None. I • • • June 3, 1985 Pa ge 6 Absent: • • • Council Members Higday, Vobejda. The Mayor declared the motion carr i ed. * * * * * * * Assistant Director Romans presented recommendat i ons f rom the Plann i ng and Zoning Comm i ssion concerning amendments to th e Comprehens iv e Zon i ng Ord i nance a nd setting a public hearing therefor. ORDINANCE NO. S ER I ES OF 1985 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 4 1 INTRODUCED BY COU NC I L MEMBER NEAL AN ORDINANCE ADOPTING CERTAIN AMENDMENTS TO THE COMPREHENSIVE ZONING ORDINANCE RELATING TO 16.4-8, R-3, HIGH DENSITY RESIDENCE DISTRIC T ; 16.4-10, B-1 BUSINESS DISTRICT; 16.4-11, DESIGN GUIDELINES; 16.4-13, I-1, LIGHT INDUSTRIAL DISTRICT; 16.4-15, P.O., PLANNED DEVELOPMENT DISTRICT; 16.4-17, FENCES AND RETAINING WALLS; 16.4-18, LANDSCAPING. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 41, SERIES OF 1985, ON F I RST READING, AND TO SET A PUBLIC HEARING ON THIS MA TTER ON MONDAY, JULY 1, 1985, AT 7 :30 P.M. Ma yor Pro Tern Bradshaw s ec o n d e d t h e mot i on. Upon a ca l l of th e ro l l, t h e v ote resulted as f o l low s : Ayes: Co u n cil Mem b e rs Neal , We i s t , Bil o, Bradshaw , Otis. Nays: Non e . Absent: Council Members Higda y, Vob ejd a . The Mayor declared the motion carried . * * * * * * * Assistant Director Romans presented a recommendation from the Community Development De p artment to amend the En g lewood Municipal Code redefining "Derelict Ve h icle " for clarification a nd enforcement purposes. ORDINANCE NO. SERIES OF 1985 BY AUT HOR ITY • COUNC IL BILL NO. 42 I NTRO DUCED BY COUNCIL MEMBER BRADSHAW I • • • June 3, 1985 Page 7 A BILL FOR • • • AN ORDINANCE AMENDING TITLE VI, CHAPTER 5, SECTION 1, OF THE ENGLEWOOD MUNICIPAL CODE '69, AS AMENDED, TO REDEFINE THE TERM "DERELICT VEHICLE." MAYOR PRO TEM BRADSHAW MOVED TO PASS COUNCIL BILL NO. 42, SERIES OF 1985, ON FIRST READING AND TO INSERT IN 6-5-1 (C), EIGHTH LINE, BETWEEN "MISSING" AND "WHEELS" THE FOLLOWING WORDS "ONE OR MORE." Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Weist, Bilo, Bradshaw, Otis. Nays: None . Absent: Council Members Higday, Vobejda. The Mayor declared the motion carried. * * * * * * * City Manager McCown presented a year end report for 1984. As a result of the annual audit, Mr. McCown introduced and explained the amendments to the 1984 budget that were being recommended. RESOLUTION NO. 24 SERIES OF 1985 A RESOLUTION AMENDING THE 1984 BUDGET COUNCIL MEMBER WEIST MOVED TO PASS RESOLUTION NO. 24, SERIES OF 1985. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: ~yes: Council Members Neal, Weist, Bilo, Bradshaw, Otis. Nays: None. Absent: Council Members Higday, Vobejda. The Mayor declared the motion carried. * * * * * * * Chief of Police Holmes presented a recommendation to amend the Englewood Municipal Code to clarify the maximum weight of certain commercial vehicles and equipment which can be parked within the City and I • • - • • June 3, 1985 P a ge 8 • • • restricting the parking of trucks used to transport hazardous substances. ORDINANCE NO. SERIES OF 1985 BY AUTHORITY A BILL FOR COUNCIL BILL NO . 39 INTR ODUCED BY COUNCIL MEMBER BILO AN ORDINANCE AMENDING TITLE XIV, CHAPTER 2, SECTION 2, OF THE ENGLEWOOD MUNICIPAL CODE OF 1969, TO MORE PRECISELY DEFINE CERTAIN VEHICLE PARKING RESTRICTIONS. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 39, SERIES OF 1985, ON FIRST READING. Council Member Weist seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Weist, Bilo, Bradshaw, Otis. Nays: None. Absent: Council Members Higday, Vobejda. The Mayor declared the motion carried. • • • * • • • City Manager McCown presented a recommendation from the Water and Sewer Board to approve a water line easement for Camden Place I Development located at West Grand Avenue between South Acoma and South Delaware Streets. ORDINANCE NO. SERIES OF 1985 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 31 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE APPROVING GRANT OF WATER LINE EASEMENT FOR CAMDEN PLACE ONE LOCATED AT W. GRAND AVE. BETWEEN S. ACOMA AND S. DELAWARE STREETS IN THE CITY OF ENGLEWOOD, COLORADO • COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 31, SERIES OF 1985, ON FIRST READING. Mayor Pro Tern Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • , • • • .. June 3, 1985 Page 9 Ayes: Council Members Neal, Weist, Bilo, Bradsh aw , Otis . Nays: None. Absent: Council Members Higday, Vobejda. The Mayor declared the motion carried • • • • • • • • City Manager McCown requested an executive session following this regular meeting to discuss a personnel matter. City Attorney Olsen requested time as well to discuss two items. • • • • • • • Council agreed to allow City Attorney Olsen to attend a conference in October, 1985. Council Member Bilo requested from Mr. Olsen, information on any pend ing litigation prior to leaving for the conference. • • • • • • • Mayor Otis expressed how proud he was of the athletes who received awards earlier this evening • • • • • • • • Mayor Pro Tern Bradshaw congratulated Chief Holmes for the appreciative letter he received from Mr. Davidson, Englewood High School, for the Chief's cooperation with the high school • • • • • • • • Council Member Neal expressed disappointment for not having the council bill on restitution in the packet as requested at a previous meeting. Mr. Neal stated some sort of written communication on its status should have been transmitted. • • • • • • • There was no further business to discuss. I • • - • f • June 3 , 1985 Page 10 • • • MAYOR PRO TEM BRADSHAW MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 8 :45 p.m • • I • - • • ( • SPECIAL MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado June 10, 1985 £b The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on June 10, 1985, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Higday. The pledge of allegiance was led by Mayor Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Vobejda, Bile, Bradshaw, Otis. Absent: Council Member Weist. The Mayor declared a quorum present. * * * * * * * Also present were: City Manager McCown Assistant City Manager Vargas City Attorney Olsen * * * Assistant Director of Finance Freeman Deputy City Clerk Owen * * * * COUNCIL MEMBER BILO MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER AN ORDINANCE ON FINAL READING ADOPTING THE 1985 ENGLEWOOD MUNICIPAL CODE. Mayor Pro Tern Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Bile, Bradshaw, Otis • None. Council Member Weist. The Mayor declared the motion carried. Assistant Director of Finance Margaret Freeman presented information concerning the recodification of the Municipal Code. I • . ; • - • • ( • June 10, 1985 Page 2 • • • There was no one in the audience present to speak in favor of or in opposition to the Municipal Code. MAYOR PRO TEM BRADSHAW MOVED TO CLOSE THE PUBLIC HEARING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried. ORDINANCE NO. 35 SERIES OF 1985 * * * * BY AUTHORITY * * * COUNCIL BILL NO. 37 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE ADOPTING THE "ENGLEWOOD MUNICIPAL CODE 1985" INCORPORATING THEREIN THE GENERAL ORDINANCES OF THE CITY OF ENGLEWOOD; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OF A GENERAL AND PERMANENT NATURE NOT INCLUDED THEREIN, SAVE AND EXCEPT SUCH ORDINANCE PARTICULARLY SPECIFIED AS EXCEPTED FROM 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. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 37, SERIES OF 1985, ON FINAL READING, TO BE EFFECTIVE JULY 13, 1985, AT 12:01 A.M. Mayor Pro Tern Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejd a , Bilo , Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried. * * * * * * * I • • - • • June 10, 1985 Pa ge 3 • • • There be i ng no further business, COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 5:40 p.m • • I • • • June 5, 1985 Mayor's Office City of Englewood 3400 S. Elati Englewood, CO 80110 • • • .J liN 7 io::; CliY MANAGER 'S urri:;: E:~· :·:.OOD I do hereby resign my position on the City of Englewood's Liquor License Authority effective immediately. I would like to be considered for any future Boards or Commissions. Sincerely, ~-~~ Bill Patterson cc: Janice Owen • I • • ( • • • • Barb aro N. Ho\th nus 5 84 7 -f Sou tl , I3 rooclwoy Littl eton, Go Joracl o 80 12J June 12, 1985 Mayor Eugene L. Otis Englewood City Hall 3400 South Elati Street Englewood, Co. 80110 Dear Mayor Otis: Th i s letter is to tender my res i gnation from the Englewood Downtown Development Authority board effective immediately. My office and business interests are now in Littleton so I feel I can no longer be of service to the City of Englewood. Sincerely yours, t:/Ja u(~"t..U ':11/~'-:ta-' Barbar a Ho lth au s RECE\VEL JUN 1 3 i 9 ~ ·, CllY MANAGER'S O FFIC~ EN Cll\'/000 • I • • - • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DAT E SUBJECT Pe t i t io n f r o m the J une 13, 1985 AGENDA ITEM 8 (c) !-iadd o x Paren t Adv iso ry Co unci l IN IT IATE D BY \'later and Sewer Board AC TION PR OPOSED ____ ~T~o~r~e~c~e~i~v~e~a~t~ta~c~h~e~d~p~e~t~1~·~t=i~o~n~a~s~1~·n~f ~o=r~m~a~t~i~o~n~·------- BA CKGRO UND The Maddox Parent Adviso r y Co unci l , 700 West l'lansfield Avenue, a group o f conce r ned citizens c ircu l ate d a petition in April, 1985, to v o ice their concern about the lack of guards along and over the exposed portion o f the City Ditch betwee n Fox and Galapago Streets on We st Mans f ield. This was s een as a hazard by pa r ents , residents and sta ff at Maddox E lementary Scho o l . The pe t i t io n was pre sented to the Wa t er a nd S e wer Bo ard o n Hay 21 , 1 98 5 . The Bo ard recomm e nded that the pe t i t ion b e fo rwa rd e d t o Ci t y Co unc i l and g ave t h e Di r ec t o r of Ut ilities the a uthori t y to design facilities to correct the problem and to make a recom- mendation to City Council . A fence has already been built at the location in question and it is expected that with City Council approval , the problem will be corrected in November , 1985 , when the Di t ch is shut down. A specific recommendation is forthcoming from the Director of Utilities. RECOMMENDATION To receive the attached petition. I • • -• • • PE TITION T O THE CITY OF ENGLEWOOD We, the undersigned concerned citizens of Englewood, h ere by peti t i on the City of Englewood to take into considera tion the construction of guards along or over the exposed por tion of the city ditch between Fox and Galapago on West Mansf ield . This a t tractive hazard is of great concern to parents, r esidents of the area, and school staff at Maddox Elementary. We f e e l that appropriate mea s ures should be taken immediately to remedy the situation be f ore a tragedy occurs. So drafted this lOth day of April, 1985, by the Madd o x Parent Advisory Council, 700 W. Mansfield, Englewood , CO 8 0 110. NAME ADDRESS PHONE II 1. 2. 3. 4. 5 . 6 . 7 . 8 . 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. I • • • • • - PETITION TO THE CITY OF ENGLE WOO D We, the undersigned concerned citizens of Englewood, hereby petition the City o f Englewood to ta k e into considera tion the construction of guards along or over the exposed por tion of the city ditch between Fox and Galapago o n West Man sfield . This attractive hazard is of great concern to paren ts , reside n ts of the area , and school staff at Madd o x Eleme ntary. We feel that appropriate measures should be taken immediately to remedy the situation before a tragedy occ urs. So drafted this lOth day of April, 198 5 , by the Maddox Parent Advisory Council, 700 w. Mansfie ld, Englewood, CO 80110. l. 2 . 3. NAME ADDR~SS PHONE # 14.~~dC~~~~--~~~~~~~~~~------4£L-~~--- 15.~~~~~~~-+~~~~~~~~~~-U------~~~~~ 16. 17. 18. 19. 20. 21. 22 • -373 7 ,So '-•n(c:}.-, 7 ..r ;-o ¥¥7 • I • • 1 • • .. • PETITION TO THE CITY OF ENGLEWOOD We, the undersigned concerned citizens of Englewood, hereby petition the City of Englewood to take into consideration t he construction of guards along or over the exposed portion of the city ditch between Fox and Galapago on West Mansf ield . This attractive hazard is of great concern to paren ts , reside nts of the area, and school staff at Maddox Elementary. We feel that appropriate measures should be taken immediately to remedy the situation before a tragedy occurs. So drafted this lOth day of April, 1985, by the Maddox Parent Advisory Council, 700 W. Mansfield, Englewood, CO 80110. l. 2. 3. 4. 5 . NAME ADDRESS PHONE # 19. 20. 21. 22 . • I • l • • • • PETITION T O THE CITY OF ENGLEWOOD We , the undersigned concerned citizens of Englewood, hereby petition the City of Englewood to take into considerati on the construction of guards along or over the exposed portion of the city d itch between Fox and Galapago on West Mans field . This attra ctiv e hazard is of great concern to parents, residents of the are a , and school staff at Maddox Elementary. We f eel that appro priate measures should be taken i mmed iately to remedy the situation before a tragedy occurs . So drafted this lOth day of April, 1985, by the Maddox Parent Advisory Council, 700 W. Mansfield, Englewood, CO 80110. NAME ADDRESS PHf"lN I': oil 1. 2. 3. 4. 5 . 6 . 7 . 8. 9. 10. 11. 1 2 . 13. 14. 15. 16. 17 . 18. 19. 20. 2 1. 22 • • I • • • • • • PETITION TO THE CITY OF ENGLEWOOD We, the undersigned concerned citizens of Englewood, hereby petition the City of Englewood to take into consideration the construction of guard s along or over the exposed portion of the city ditch between Fox and Galapago on West Mansfield. This attractive hazard is of great concern to parents, residents of the area, and school staff at Maddox Elementary. We feel that appropriate measures should be taken immediately to remedy the situation before a tragedy occurs. So drafted this lOth day of April, 1985, by the Maddox Parent Advisory Council, 700 w. Mansfield, Englewood, CO 80110. 1. 2. 3- 4. 5. NAME /1 ADDRESS PHONE it 6-~~~~~~~~~~~~~~~~~~=---~~~~- 7.~~~~~~~~~----~~~~~~~~~'-------~~~~~-- 8 . 9 . 10. ~~ ~ i,~:~lttia a.~/ J/:{ t· ~l;tt 13 • .fr~ ;1~ 9"-.3? 2 ~h 14. ~~#~ #« s, & 1 15. J l<i{... ~'? /!Li I' 1 V.:J.:;, _j, -fl4.&vuc.d 16. ;'~,1 i(J, '11)fJ,_!f.,I•.-..~I~Jf 1 7 • ( .,..,?! 0 .5, - 18. 19. 20 . 21. ?f~ I-.Ji-1 $/-61. Z I -,g .. :ut'l 7J? JJYt 22 . \~~~~UA~~~~~~~~~~~~~----------7~~~~ I.• :./ ......_..,...._"--' ';I?U. d' tt )-,u,; ~' / • I • • • • • - PETITION TO THE CITY OF EN GL EWO OD We, the undersigned concerned citizens of Englewood, hereby petition the City of Englewood to take into considerati on the construction o f guards along or over the exposed portion of the city ditch between Fox and Galapago on West Mansfield. This attractive hazard is of great concern t o parents, residents of the area, and school staff at Maddox Elementary. We feel that appropriate measures should be taken immediate ly to remedy the situation before a tragedy o ccurs. So drafted this lOth day of April, 1985, by the Maddox Parent Advisory Council, 700 w. Mansfield, Englewood, CO 80110. 1. 4. 5 . 6 . 7 . 8 . 9 . 10 . 11. 12. 13. 17 . 18 . 19. 20. 21. 22 • NAME ADDRESS PHONE j: • I • • l .. PETITION TO THE CITY OF ENGL EWOOD We, the undersigned concerned c i tizens of Englewood, hereby petition the City of Englewood to t ake into consideration the construction of guards along or over the exposed portion o f the city ditch between Fox and Galapago on West Mansfield. This attractive hazard is of great concern to parents, residents of the area, and school staff at Maddox Elementary. We feel that appropriate measures should be taken immediately to remedy the situation before a tragedy occurs. So drafted this lOth day of April, 1985, by the Maddox Parent Advisory Council, 700 W. Mansfield, Englewood, CO 80110. 12. 13. 1 6 . 18. 19 . 20 . 21. 22. NAME ADDRESS PHONE # • I • • I l • • • - PETITION TO THE CITY OF l:NG LEWOOD We, the undersigned con cerned citizens of Englewood, hereby p etition the City of Englewood to take into considera tion the construction of guards along or over the e x posed portion of the city ditch betwe e n F o x and Galapago on West Mansfi eld . Thi s a t tractiv e hazard is of great concern to parents, residents of the area , and school sta ff at Maddox Elementary . We feel th at appropriate measures should be taken inunediately to remedy the situation before a tragedy occur s . So drafted this lOth day of Apr il , 1985 , by the Madd ox Parent Advisory Council, 700 W. Mansfield , Engl e wood, CO 80110. NAME ADDRE SS 10 .~~~~~~~~~~~~~~~~~~~~----~~~~~= ll .G?~~~~~_y~~~_z~~~~~~~~~~~~~~~L 12.V4~~~~~~~~~--~~~~~1U~~~~--------~4-~~~ 13 . ~~~~~~~~~~~----~----------------~~~~ 15 . 16. • I • • l • - PETITION '1'0 T ilE Cl'J'Y OF ENG LEW OO D We, the undersigned concerned citizens of Englewood, hereby petition the City of Englewood to take into consideration the construction of guards along or over the exposed portion of the cily ditch between Fox and Galapago on West Mansfield. This attractive hazard is of great concern to parents, residents of the area, and school staff at Maddox Elementary. We feel that appr opriate measures should be taken irrunediately to remedy the situation before a tragedy occurs. So drafted this lOth day of April , 1985, by the Maddox Parent Advisory Council, 700 W. Mansfield, Englewood, CO 80110. 1. 2 . 3 . 10. 11. 12 . 13. 14. 15. 16 . lB. 19 . 20 . 21. 22 . NAME ADDRE~S • I • • • • • • PETITION TO THE CITY OF ENGLE WOOD We, the undersigned concerned citizens of Englewood, h e r eby petition the City of Englewood to take into con sideration Lhe construction of guards along or over the exposed p ortion of the city ditch b etween Fox and Galapago on West Man sfield. This attractive hazard is of great concern to parents, r es idents of the area, and school staff at Maddox Elementary. We feel that appropriate measures should be taken immediate ly to remedy the situation before a tragedy occurs. So drafted this lOth day of April, 1985, by the Madd ox Parent Advisory Council, 700 W. Mansfield, Englewood, CO 80110. NAME ADDRESS PHONE # 1. 2 . 3. 4. 5 . 6 . 7 . 9 . 10. 11 . 12. 13 . 14. 15 . 16. 17 . 18 . 19. 20 . 21. 22 • • I . ~ \.J L v • • • • PETITION TO THE CITY OF ENGLEWOOD We, the undersigned concerned citizens of Englewood, hereby petition the City of Englewood to take into consideration the construction of guards along or over the exposed portion of the city ditch between Fox and Galapago on West Mansfield. This attractive hazard is of great concern to parents, residents of the area, and school staff at Maddox Elementary. We feel that appropriate measures should be taken immediately to remedy the situation before a tragedy occurs. So drafted this lOth day of April, 1985, by the Maddox Parent Advisory Council, 700 w. Mansfield, Englewood, CO 80110. 1. 2. 3 . 4. 2 1. 22 • NAME ADDRESS PHONE II • I . - • ~ • • • • PETITION TO THE CITY OF ENGLEWOOD We, the undersigned concerned citizens of Englewood, hereby petition the City of Englewood to take into consideration the construction of guards along or over the exposed portion of the city ditch between Fox and Galapago on West Mansfield. This attractive hazard is of great concern to parents, residents of the area, and school staff at Maddox Elementary. We feel that appropr iate measures should be taken immediately to remedy the situation before a tragedy occurs. So drafted this lOth day of April, 1 985, by the Maddox Parent Advisory Council, 700 W. Mansfield, Englewood, CO 80110. NAME l. 2. 3. 4. 5. 6 . 7 . 8. 9. 10. 11. 12. 13. 14. 15. 16. 17 • 18. 19. 20. 21. 22 • ' ·-ADDRESS • PHONE # I . • • • - PETITION TO THE CITY OF ENGLEWOOD We, the undersigned conce:::-ned citizens of Englewood, hereby petition the City of Engl e wood to take into consideration t h e construction of guards along or over the exposed portion of the city ditch between Fo;: and Galapago on West Mansfield . This attractive hazard is of great concern to parents, residents of the area, and school st-.aff at Maddox Elementary. We feel that appropriate measures should be taken immediately to reme ny the situation before a tragedy occurs . So drafted this lOth day o f April, 1985, by the Maddox Parent Advisory Council, 70 0 w. Mansfield, Englewood, CO 80110. 4. 5 . 6. 7 . 10 11. 13. 14 ( 15 . 16 . 17 . 18. 19 . 20 • • 2 1. 22 . NAME ADDRESS PHONE II • I • • • • • • • • PETITION TO THE CITY OF ENGLEWOOD We, the undersigned concerned citizens of Englewood, hereby petition the City of Englewood to take into consideration the construction of guards along or over the exposed portion of the city ditch between Fox and Galapago on West Mansfield. This attractive hazard is of great concern to parents, residents of the area, and school staff at Maddox Elementary. We feel that appropriate measures should be taken immediately to remedy the situation before a tragedy occurs. So drafted this lOth day of April, 1985, by the Maddox Parent Advisory Council, 700 W. Mansfield, Englewood, CO 80110. NAME ADDRESS PHONE ll 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12 • 13. 14. 15. 16. 17 • 18. 19. 20. 21. 22 • • I • • • • • • PETITION TO THE CITY OF ENGLEWOOD We, the undersigned concerned citizens of Englewood, hereby petition the City of Englewood to take into consideration the construction of guards along or over the exposed portion of the city ditch between Fox and Galapago on West Mansfield. This attractive hazard is of great concern to parents, residents of the area, and school staff at Maddox Elementary. We feel that appropriate measures should be taken immediately to remedy the situation before a tragedy occurs. So drafted this lOth day of Apr il, 1985, by the Maddox Parent Advisory Council, 700 w. Mansfield, Englewood, CO 80110. NAME ADDRESS PHONE II ' 1. 2. 3. 4. 5 . 6. 7 . 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. ~1. 22 • I • • • • • - PETITION TO THE CITY OF ENGLEWOOD We , the undersigned concerned citizens of Englewood, hereby petition the City of Englewood to take i nto consideration the construction of guards along or over the exposed portion of the city ditch between Fox and Galapago on West Man sfield . This attractive hazard is of great concern to parents, res idents of the area, and school staff at Maddox Elementary. We feel that appropriate measures should be taken immediately to remedy the situation before a tragedy occurs. So drafted this lOth day of April, 1985, by the Maddox Parent Advisory Council, 700 W. Mansfield, Englewood, CO 80110. NAME ADDRESS PHONE II 16. 17. 18. 19. 20 . '.21. 22 • • I • • • • • • --PETITION TO THE CITY OF ENGLEWO OD We, the undersigned conce rned citizens of Englewood , hereby petition the City of Englewood to take into cons ide ration the construction of guards along or over the exposed portion of the city ditch be tween Fox and Galapago on West Mansfie ld . This attracti ve hazard is of great concern to parents, residents of the area, and school staff at Maddox Elementary. We feel that appropriate measures should be taken immediately to remedy the situation before a tragedy occurs. So drafted this lOth day of April, 1985, by the Maddox Parent Advisory Council, 700 w. Mansfield, Englewood, CO 80110. NAME ADDRESS PHONE II 1.; 2. 3. 4. 5. 6. 7. 8. 9. 1 0. 11. 12 . 13 . 1 4. 15 . 16 . 17 • 1 8. 19 . 20 . tl. 22 . • I • • • • • - PETITION TO THE CITY OF ENGLE WOOD \ ' .) . '. \ \'\ ---;.· We , the undersign e d con ce rned c itizens of Eng lewood, hereby petition the Ci ty of Englewood to take in t o conside ra tion the construc tio n of gua rds along o r over the exposed p ortion of t he c ity d itch be t wee n F o x a nd Galapago on West Ma n sf ield . Th i s attrac t i v e hazard i s o f great concern to paren t s, res ide nts o f the area, and school staff at Maddox Elementary. We feel tha t appropri a t e me asures should be taken immediately to r e me dy the s i tua t ion before a tragedy occurs. So drafted this lOth day of April, 1985, by the Maddox Parent Advisory Council, 700 W. Mansfield, Englewood, CO 801 10 . NAME ADDRESS PHONE t 10. 11. 13 . 14 . 15 . 16 . 17 18 . 19. 20 . h. 22 . • I • • CALL TO ORDER • • • ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS Annual Meeting Wednesday, February 27, 1985 The Annual Meeting of the Englewood Housing Authority was called to order at 7:00p.m., February 27, 1985 at Simon Center, 3333 South Lincoln St., Englewood, Colorado 80110. I. Roll Ca 11 Members Present: Mr. T. Burns, Chairman Ms. E. Beier, Vice-Chairman Ms. B. Bradshaw, Member Ms. C. Peterson, Member Ms. V. Lash, Member 9 A Also Present: Mr. P. Vargas, Acting Director-Community Development Ms. L. Knopinski, Acting Executive Director, EHA Ms. M. Ryan, Secretary, Housing Division Ms. C. Pritchard, Recording Secretary Visitors: Mr. R. Moch, Housing Authority Attorney II. READING AND APPROVAL OF MINUTES The Board noted typographical errors on pages 2 and 3. MOTION IT WAS MOVED BY MRS. BEIER THAT THE MINUTES OF THE FEBRUARY 13, 1985 MEETING OF THE ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS BE ACCEPTE D AS CORRECTED. MRS. PETERSON SECONDED THE MOTION. AYES: NAYS: BURNS, BRADSHAW, LASH, BEIER, PETERSON NONE The Chairman declared the motion carried. ANNUAL ELECTIONS NOMINATIONS : Mrs. Beier nominated Thomas Burns to continue as Chairman of the Board of Commissioners. • I • - ( • Englewood Housing Authority Board of Commissioners Annual Meeting February 27, 19 85 Page two MOTION • • - MS. BRADSHAW MOVED THAT NOMINATIONS FOR CHAIRMAN OF THE BOARD OF COMMISSIONERS CEASE . MRS. LASH SECONDED THE MOTION. AYES: NAYS " BEIER , BURNS , PETERSON, BRADSHAW, LASH NONE The Chairman declared t he motion carried. NOMINATION: Mrs. Peterson Nominated Mrs . Beier to continue as Vice -Chairman of the Board of Commissioners of the Englewood Housing Authority. t10TION MRS. BRADSHAW MOVED TO CLOSE NOMINATIONS FOR VICE-CHAIRMAN OF THE BOARD OF COMMISSIONERS . MRS. LASH SECONDED THE MOTION. AYES: PETERSON, BURNS , BEIER, BRADSHAW, LASH NAYS: NONE The Chairman declared the mo tion carried. ELECTION: Nominations have been moved and seconded and closed on both positions, the first position is Chairman, all in favor of the nominee signify by saying aye. AYES: BRADSHAW, PETERSON, LASH BEIER, BURNS NAYS: NONE The Chairman declared Thomas Burns elected as Chairman of the Board of Commissioners ELECTION: Nominations have been moved and seconded and closed on the position of Vice-Chairman. ~1rs. Beier's name has been placed in nomination. All in favor of Mr s. Beier for Vi ce-Chairman, signify by saying aye. AYES: AYS: PETERSON, LASH, BRADSHAW, BURNS, BEIER NONE The Chairman declared Mrs. Beier re -elected to the position of Vice-Chairman. GOALS AND PLAtS FOR THE ENGLEWOOD HOUSING AUTHORITY The Statement of Purpose and the Goals of the Englewood Housing Authority were handed out at the meeting. A discussion ensued, changes were proposed and a resolution passed . • I • ( • Englewood Housing Authority Board of Commissioners Annual Meeting February 27, 1985 Page three MOTION • • - MRS. PETERSON MOVED TO ACCEPT RESOLUTION NO. 3, PURPOSE AND GOALS OF THE HOUSING AUTHORITY, AS AMENDED. MRS. LASH SECONDED THE t~OTION. AYES: BURNS, BRADSHAW, BEIER, PETERSON, LASH NAYS: NONE The Chairman declared the motion passed. OBJECTIVES AND ACTION STEPS: Proposed objectives and action steps were discussed, but the Board decided they would like to have staff input before they are implemented or finalized. MOTION MS. BRADSHAW MADE THE MOTION TO HOLD THE OBJECTIVES AND ACTION STEPS UNTIL THE NEXT STUDY SESSION , WHEN INPUT FROM THE STAFF COULD BE CONSIDERED. MRS. PETERSON SECONDED THE MOTION. AYES: BEIER, LASH, BURNS, BRADSHAW, PETERSON NAYS: NONE The Chairman declared th e motion carried. BUDGETS Public Housing and "Status Quo" Budgets MOTION MRS. BEIER MOVED TO ACCEPT THE PUBLIC HOUSING OPERATING BUDGET AS SUBMITTED FOR 1985. MRS. BRADSHAW SECONDED THE MOTION. AYES: PETERSON, LASH, BURNS, BRADSHAW, BEIER NAYS: NONE The Chairman declared the Motion carried. The Operating Budgets for Simon Center and Section 8 Existing will be based on 1984 budget figures until a 1985 budget is provided by the newly appointed Executive Director. MOTION MRS. PETERSON MOVED TO ADOPT THE "STATUS QUO" OPERATING BUDGETS AT 1984 BUDGET LEVELS FOR SECTION 8 EXISTING AND SI MON CENTER FOR 1985, UNTIL FURTHER REVISION IS NEEDED. MRS. LASH SECONDED THE MOTION. AYES: BEIER, BRADSHAW, BURNS, PETERSON, LASH NAYS: NONE The Chairman declared the motion carried . • I • • ( • Englewood Housing Authority Board of Commissioners Annual Meeting February 27, 1985 Page four REQUEST FOR PROPOSALS MOTION • • • MRS. PETERSON MOVED TO PLACE $100,000 IN EACH OF THE OTHER THR EE BANKS INVOLVED WITH THE REHAB CONSORTIUM, USING 90 DAY CERTIFICATES OF DEPOSI T AND THE REMAINING $400,000 AVAILABLE FOR INVES TMENT TO BE PLACED IN FOUR SAVIN GS AND LO ANS OFFERING THE HIGHEST 90 DAY CERTIFICATE OF DEPOSIT YIELD. MRS . BEIER SECONDED THE MOTION AYES: BURNS , BRADSHAW, LASH , PETERSON, BEIER NAYS: NONE The Chairman declared the motion carried. MOTION MS. BRADSHAW MOVED TO KEEP THE ENGLEWOOD HOUSING AUTHORITY'S BANKING SERVICES AS THEY ARE NOW , WITH THE FIRST INTERSTATE BANK OF ENGLEWOOD. MRS. BEIER SECONDED THE MOTION. AYES: PETERSON , LASH , BURNS, BRADSHAW, BEIER NA YS: NONE The Chairman declared the motion carried. HIRING OF TEMPORARY SECRETARY MOTION MS . BRADSHAW MOVED TO AUTHORIZE THE DIRECTOR TO SET UP A TEMPORARY POSITION WITH THE CITY AND AUTHORIZED THE CITY'S REIMBURSEMENT BY THE HOUSING AUTHORITY FOR THE TEMPORARY POSITION. MRS . LASH SECONDED THE MOTION. AYES : BEIER, PETERSON, LASH, BURNS, BRADSHAW NAYS: NONE The Chairman declared the motion carried. CONSENT AGENDA MOTION MRS. PETERSON MOVED TO ACCEPT THE CONSENT AGENDA. MRS. BEIER SECONDED THE MOTION. AYES : BRADSHAW, LASH, BURNS, PETERSON, BEIER NAYS: NONE The Chairman decared the motion carried . • • I . • .. • • • • Englewood Housing Authority Board of Commi ssioners Annual Meeting February 27, 1985 Page five COMMISSIONER'S CHOICE The Board requested the Acting Executive Director, Ms. Knopinski, to direct the Housing Authority staff to direct any questions from reporters to either the Executive Director or the Chairman of the Board of Commissioners for response. The Board inquired into the use of collection agencies to collect past due Rehab payments. Mr. Robert Moch, the Englewood Housing Authority attorney, commented that collection agencies were normally used in instances where monies owed were not secured in any fashion. The Rehab loans are secured by a deed of trust. DIRECTOR'S CHOICE The Acting Executive Director, Ms. Knopinski stated that she has spoken with the Director of Arapahoe County Project Heat, Carol Mannon, concerning work done on Englewood Housing Authority-owned units. Ms. Mannon stated that only minor work (weather-stripping, caulking, etc.) can be done on a unit l·lithout written consent from the owner. There are strict Federal and State standards on materials and workmanship for the Program. Ms. Knopinski asked if the Board wished to reconsider the decision that was tabled at the February 13th meeting concerning Mary Ryan's attendance at the Accounting Workshop in York, Nebraska. The Board decided not to consider the request due to the bookkeeper position not being formally approved. ~ MRS. PETERSON MOVED TO HAVE THE BOARD OF COMMISSIONERS ADJOURN THEIR REGULAR MEETING AND GO INTO EXECUTIVE SESSION. MS. BRADSHAW SECONDED THE MOTION. AYES : NAYS: BEIER , LASH, BURNS, PETERSON, BRADSHAW NONE The Chairman declared the motion carried. The Annual Mee ting of the Englewood Housing Authority moved into executive session at 8:55 p.m. Charlotte M. Pritchard Recording Secretary ,_ Linda A. Knopinski Acting Executive Director ;-) ,._ . _ -"' 1 ,· ·-r -~ / J, / i , · ' / (... Thomas J. Burns; Chairman Englewood Housing Authority Board of Commissioners • I • • - ( • CALL TO ORDER • • - ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS REGULAR MEET! NG Wednesday, March 27, 19 85 The Regular Meeting of the Englewood Housing Authority was called to order at 7:00p.m., March 27, 1985 at Simon Center, 3333 South Lincoln Street , Englewood, Colorado 80110 . I. Roll Call Members Present: Members Absent: Mr. T. Burns, Chairman Ms. E. Beier, Vice-Chairman Ms. C. Peterson, Member Ms. V. Lash, Member Ms. B. Bradshaw, Member 9 4 A 1 so Present: Ms. L. Knopinski, Acting Executive Director, EHA Ms. M. Ryan, Secretary, Housing Division Ms. C. Pritchard, Recording Secretary Ms. J . Grinmett, Rehab Financial Specialist Ms. M. Gutterres, President, Orchard Place Tenant Council II. Reading and Approval of Minutes Pa~e three, Final Motion regarding adoption of the "status quo" operating bu get. The Motion read, "until further revision is needed." and should have read, "until a 1985 budget is provided by a newly appointed Executive Director." Page four, the First Motion should be clarified by changing "i n each of the other three banks involved in the rehab consortium, using 90 day certificates of deposit and the remaining $400,000 available for investment to be placed ... " to read "i n the following three banks: Republic National Bank, International Bank of Englewood and First National Bank of Englewood, all of which are involved with the rehab consortium. This will be in the form of 90 day certi- ficates of deposit and the remaining $400,000 available for investment to be placed ... ". Page five The following addition was made to the minutes. "The Board of Commissioners left Executive Session at 10:00 p.m. and adjourned the meeting at that time ". • I • • - • Englewood Housing Authority Board of Commissioners l~a rch 27, 19 85 Page two ~ • • • MS. LASH MOTIONED TO ACCEPT THE MINUTES AS AMENDED. MRS . BEIER SECONDED THE MOTION. AYES: NAYS: ABSENT: BURNS, PETERSON, LASH, BEIER NONE BRADSHAW DIRECTOR'S REPORT Ms. Knopinski updated the Board of Commissioner's on the Mortgage Revenue Bond issue and offered to send them a copy of the latest correspondence . Post Tensioning System: Ms. Knopinski explained the problems with the post tensioning system to the Board and the steps she is taking to remedy the situation as quickly as possible. There is a real question as to how many tension rods are in the building, and also how many were not stressed. Ms. Knopinski reported on the drastic increase in liability and comprehensive insurance premiums that our housing authority, as well as others nationwide, are experiencing. Further investigation of alternative insurance companies has been requested by the Board of Commissioners. DISCUSSION ITEMS, MOTIONS AND RESOLUTIONS Request to exceed Rehab Grant Limit -Misener The Board of Commissioners, heard the request to exceed the grant limit, but there were additional questions that the commissioners would like addressed at the next regular meeting, April 24, 19B5. Rehab Grant Asset Limit The Rehab group requested that the Board pass a motion adopting the HUD regulations in determining the handling of assets for establishing income levels. MOTION MRS. BEIER MOVED THAT THE BOARD OF COMMISSIONERS ADOPT A POLICY ALLOWING THE REHAB PROGRAM TO FOLLOW HUD REGULATIONS IN DETERMINING THE HANDLING OF ASSETS AS ESTABLISHED FOR THE OTHER HUD REGULATED HOUSING PROGRAMS. MRS. PETERSON SECONDED THE MOTION . AYES: NAYS : AB SENT: BURNS, LASH, BEIER, PETERSON NONE BRADSHAW • I • • ( ( • Englewood Housing Authority Board of Commissioners March 27 , 1985 Page three • • • Rehab Loan Late Charges: The Rehab group requested a motion be passed to clarify the charging of late charges. ~ MRS. PETERSON MOVED THAT THE LATE CHARGES BEING CHARGED FOR REHAB LOAN PAY- MENTS UNDER $150.00 BE $5.00 PER MONTH AND THE LATE CHARGE FOR REHAB LOAN PAYMENTS OF $150.01 AND ABOVE BE $10.00 PER MONTH. MRS. BEIER SECONDED THE MOTION. AYES: NAYS: ABSENT: BURNS, LASH, PETERSON, BEIER NONE BRADSHAW HOT! ON MRS. BEIER MOVED TO AUTHORIZE THE HOUSING AUTHORITY STAFF TO SUBMIT AN APPLI- CATION FOR $100,000 OF STATE DIVISION OF HOUSING FUNDS FOR REHABILITATION. MRS. PETERSON SECONDED THE MOTION. AYES: NAYS: ABSENT: BURNS, LASH, BEIER, PETERSON NONE BRADSHAW MOTION MRS. PETERSON MOVED TO AUTHORIZE TWO PEOPLE TO ATTEND THE NAHRO MAINTENANCE WORKSHOP TO BE HELD IN COLORADO SPRINGS, APRIL 24-26, 1985. MS. LASH SECONDED THE MOTION. AYES: NAYS: ABSENT : BEIER , BURNS, PETERSON, LASH NONE BRADSHAW PILOT PAYMENT Ms. Knopinski explained to the Board of Commissioners what the PILOT Payment was, i.e. Payment In Lieu Of Taxes,and mentioned that the Chairman of the Board had hand -delivered the check to the City Council last year. Ms. Knopinski inquired if the Board would like to continue the tradition of delivering the check with a cover letter. Ms. Knopinski gave Chairman Burns a copy of last year's cover letter. MOTION MRS. PETERSON MOVED THAT THE BOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY AUTHORIZE PAYHENT IN LIEU OF TAXES IN THE AMOUNT OF $12,189.77 AND AUTHORIZE CHAIRMAN BURNS TO HAND DELIVER THE CHECK TO CITY COUNCIL. MS. LASH SECONDED THE MOTION. AYES: NAYS: ABSEfH: BURNS, BEIER, PETERSON, LASH NONE BRADSHAW • I • • Englewood Housing Authority Board of Commissioners March 27, 1985 Page four • • • Goal Setting Meeting Ms. Knopinski reported on the steps that the EHA staff had followed in developing a set of goals and objectives to be presented to the Board of Comnissioners. A discussion ensued as to whether the next goal setting meeting should be he l d as scheduled, or postponed until after a director is permanently appointed . The decision was made to pursue the staff goal setting meeting on Tuesday, April 2, 1985. Mrs . Peterson has agreed to attend as the Boa rd's representative. CONSENT AGENDA MOTION MRS . PETERSON MOVED TO ACCEPT THE CONSENT AGENDA. MRS. BEIER SECONDED THE MOTION. AYES: NAYS: ABSENT : BURNS , LASH, PETERSON, BEIER NONE BRADSHAW COMMISSIONER'S CHOICE In an effort to shorten the meeting, which was running late due to an extended study session, the Commissioner's did not bring up anything at this time . TENANT COUNCIL CHOICE Marie Gutterrez, President of Orchard Place Tenant Council, was in attendance and raised a question regarding a problem the Tenant Council officials were experiencing with a tenant in the building. After much discussion, it was decided that Ms. Knopinski, Christy Wall, Manager of Orchard Place, ~1arie Gutterrez and the tenant in question would meet to work out a solution to the problems that were aired. Marie also inquired in to the status of the ventilation problem at Orchard Place. Ms. Knopinski reported to the Board that she and Frank McCoumb, Maintenance Supervisor, were meeting liith HUD staff on this and other problems April 8th. Chairman Burns inquired about a situation which had come to his attention. He informed the others present that he had heard that money had been taken from one of the apartments while the owner was e lsewhere in the building. It was insinuated that the apartment had been entered with a master key, and the situation had occurred several times. Ms. Janet Grimmet stated that Elaine Wahlquist, the Manager of Simon Center was aware of the situation and was investigating the allegations. The staff had taken steps to resolve the situation but had not informed the Acting Executive Director, Ms. Knopinski of this problem. • I • - ( ( • Englewood Housi ng Authority Board of Co mm iss ioners March 27, 1ga5 Page five DIRECTOR'S CHOICE • • • Ms . Knopinski requested that the Board of Commissioners adjourn to Executive Session to discuss a sensiti ve personnel issue. MOTION MRS. PETERSON MOVED THAT THE BOARD OF COMMISSIONERS ADJOURN TO EXECUTIVE SESSION. MS. LASH SECONDED THE MOTION. AYES: BURNS, BEIER, PETERSON, LASH NAYS: NONE ABSENT: BRADSHAW At this time the staff and visitors were asked to leave and the Commis s ioners and the Acting Executive Director went in to executive session at 9:30 p.m. MOTION AT 9:50 P.M. MRS. BEIER MOVED TO COME OUT OF EXECUTIVE SESSION. MRS. PETERSON SECONDED THE MOTION. AYES : NAYS: ABSENT : BURNS, LASH, BEIER , PETERSON NONE BRADSHAW MOTION MRS. PETERSO N MOVED TO ADJOURN THE REGULAR MARCH MEETING OF THE BOARD OF CO MMI SSIO NER S. MRS . BEIER SE CONDED THE MOT ION. AYES: NAYS: ABSENT: LASH, BURNS , PETERSON, BEIER NONE BRADSHAW The Regular March meeting of the Board of Commissioners of the Englewood Housing Authority adjourned at 9:50 p.m. Charlotte M. Pritchard Recording Secretary Lin da A. Knopinsk i Acting Executive Director \. Thomas J. Burns: Chairm an Englewood Housing Authority Board of Commissioners • -.... I • • • I. CALL TO ORDER. • • • URBAN RENEWAL AUTHORITY May 1, 1985 9 8 I The regular meeting of the Englewood Urban Renewal Authority was called to order at 5:45 P.M. by Chairman Robert J. Voth. Members present: Voth, Cole, Minnick, Totton Mcintyre, Non-voting Alternate Member Powers, Executive Director Members absent: VanDyke, Neal, Novicky Also present: Wm. R. Hinson, Assistant Director II. APPROVAL OF MINUTES. March 20, 1985 April 3, 1985 Chairman Voth stated that the Minutes of March 20, 1985, and of April 3, 1985, were to be considered for approval. Minnick moved: Cole seconded: The Minutes of March 20, 1985, be approved as written. AYES: Voth, Cole, Minnick, Totton NAYS: None ABSENT: Neal, Novicky, VanDyke ABSTAIN: None The motion carried. Minnick moved: Totton seconded: The Minutes of April 3, 1985 be approved as written. AYES: Cole, Minnick, Totton, Voth NAYS: None ABSENT: Neal, Novicky, Va nDyke ABSTAIN: None The motion carried. III. SUPER YARN MART LEASEHOLD INTEREST Proposed Settlement Mr. Hinson reviewed the action of the Urban Renewal Authority in the condemnation of the leasehold interest of the Super Yarn Mart at their former location on South Acoma Street. The Urban Renewal Authority adopted the appraisal done by James Burback for Brady Corporation; this appraisal • I • • ') -• • - -2- has established a leasehold value of $11,500. Super Yarn Mart stipulated to the immediate possession by the Urban Renewal Authority, and the amount of $11,500, which was increased to $12,800 by an appraisal up-date, was deposited with the Court at the time of the Immediate Possession Hearing. Super Yarn Mart's appraiser, Blaine Chase, determined the value to be $20,350. The cost for the appraisal by Mr. Chase was $1,500, which the URA is obligated to pay. Through negotiations between URA Legal Counsel Opperman and the legal counsel for Super Yarn Mart, a proposal for an out-of-court settlement of $15,000 plus the $1,500 appraisal fee, has been proposed. Mr. Opperman has recommended that the URA approve this negotiated settlement for the leasehold value for Super Yarn Mart at the South Acoma Street site. Discussion ensued. Cole moved: Minnick seconded: The Urb an Renewal Authority approve the negotiated settlement for the leasehold interest for Super Yarn Mart in the amount of $15,000 plus $1,500 for the cost of the appraisal by Mr. Chase . AYES: Minnick, Totton, Voth, Cole NAYS: None ABSENT: Neal, Novicky, VanDyke ABSTAIN: None The motion carried. IV. THOMAS POLLANDER/COIN WASH COMPANY Mr. Hinson stated prior to acquisition of any property by the Urban Re- newal Authority, a title commitment from the Title Company is obtained. This title c ommitment is to show all leases, liens, etc. pertaining to that specific property. Mr. Neal entered the meeting and took his place with the Authority. Coin Washer Company had a lease with the owners of the property at 140 West Hampden Avenue, and had machines in the basement of the buildings. This lease did not show on the title commitment , and when the property was razed, the washers/dryers were destroyed. Mr. Opperman has been negotiating with the Coin Washer legal counsel, and with the Land Title Guarantee Compan y , and has proposed that payment of $800 be made to the Coin Washer Company; he will then proceed against the Title Company for reimbursement of these expenses and attorney's fees. Di s cussion ensued. Totton moved: Minnick seconded: The Urban Renewal Authority approve payment of $800 to Coin Washer Company, and that Legal C~unsel Opperman be authorized to take action to recover this amount plus attorney's fees, with interest, from Land Title Guarantee Company. • I • ( ( • -3- AYES: Neal, Totton, Voth, Cole, Minnick NAYS: None ABSENT: Novicky, VanDyke ABSTAIN: None The motion carried. V. RELOCATION CLAIMS. Super Yarn Mart • • • Mr. Hinson presented a relocation claim filed by Super Yarn Mart. Mr. Hinson reviewed a previous relocation claim filed by Super Yarn Mart, the majority of which was not approved by the Authority because the items c laimed were ineligible for compensation. Super Yarn Mart had then filed a letter of appeal to that determination by the Authority, but in talking with staff had agreed to withdraw the appeal and to resubmit a claim for items which were eligible for relocation payment. The six-month period for relocation claim submittal has expired for this business, but because the appeal to the URA determination had been filed within the required time and subsequently withdrawn in favor of a claim for eligible item compensation, the staff agreed to request that the Authority consider this relocation claim. The items requested for reimbursement under this claim are for reinstallation of telephone service at the new location, and advertising the move. Discussion followed. Mr. Neal stated that inasmuch as the appeal to the previous URA determination was filed prior to the expiration of the six- month time period, and the applicant was dissuaded from following through on that appeal by the staff, he would be willing to consider this particular request for relocation benefits in lieu of the appeal; he will not approve waiving the six-month time element for further relocation claims from this company. Further discussion ensued. Neal moved: Totton seconded: The Urban Renewal Authority approve payment of $1,618.35 to Super Yarn Mart as the Final Relocation Payment. AYES: Totton, Voth, Cole, Minnick, Neal NAYS: None ABSENT: Novicky, Va nDyke ABS TAIN: None The motion carried. VI. RELOCATION CLAIMS Colorado 's Finest Meats Mr. Hinson reported on his investigation into the time frame remaining for Colorado's Finest Meats to file relocation requests. Mr. Valles commenced his move on November 15, 1985, and will, therefore, have un- til May 15, 1985 to submit any relocation claims connected with that move. Mr. Hinson stated that he has discussed this with Legal Counsel Benedetti, and has been informed by Mr. Benedetti that as long as the • I • • • • • - -4- claim is filed with the staff prior to May 15, the Urban Renewal Au- thority may consider the actual payment of the claim after that date. VII. RELOCATION CLAIMS Queen City Candy Mr. Hinson presented a relocation claim for Queen City Candy; this claim is for packing and unpacking performed by Queen City Candy personnel, and was omitted from the relocation claim approved by the Authority in April. Minnick moved: Totton seconded: The Urban Renewal Authority approve payment of $672.00 to Queen City Candy for packing/unpacking services per- formed by Queen City Candy personnel in their recent move. AYES: Totton, Voth, Cole, Minnick, Neal NAYS: None ABSENT: VanDyke, Novicky ABSTAIN: None The motion carried. VIII. RELOCATION STATUS REPORT. Mr. Hinson reviewed the relocation status report. He stated that some claims were received too late for inclusion on this month's agenda, but will be considered in June. A claim has been submitted by Western Union, and claims were also submitted by George Calkins for Merchants Oil, and for David Fisher. The claim submitted by Merchants Oil is beyond the six-month time frame. Disc ussion ensued. I X. FINANCIAL REP ORT. Ms. Powers discussed the Financial Report, and noted several changes in fo rmat t hat wi l l b e mad e on next month's report. X. NON -VOT I NG ALTERNATE MEMBER. Ms . Powers stated tha t s he had discussed the suggestion of the Authority that the By -Laws be ame nd e d to a l l ow the non-voting alterna te member to be a voting member when needed to constitute a quorum. Mr. Benedetti, l e ga l c ouns el t o t he Authority , has advised against this proposal; he does no t feel t hat this would be permitted by State Statute . XI. TRIAL SCH EDULE . A schedule of trial dates was included in the packet for information. Any member of the Authority who wishes to attend one of the trials may do so. Ms. Powers suggested that the Super Yarn Mart case has been set- tled by the a c tion of the Authority earlier in this meeting • • I • • ( ( • • .. -5- XII. ROBERT VANCE -TOY MENAGERIE Mr. Hinson presented a memorandum outlining a request by Robert Vance, owner of the site of the Toy Menagerie at South Bannock Street and U. S. 285. Mr. Vance has vacated his property, and the property has been vandalized; he has requested that the Urban Renewal Authority pay for having the property secured. Minnick moved: Cole seconded: The Urban Renewal Authority go into Executive Session. AYES: Voth, Cole, Minnick, Neal, Totton NAYS: None ABSENT: VanDyke, Novicky ABSTAIN: None The motion carried. Cole moved: * * * * * Minnick seconded: The Urban Renewal Authority come out of Executive Session. AYES: Voth, Cole, Minnick, Neal, Totton NAYS: None ABSENT: Novicky, VanDyke ABSTAIN: None The motion carried. Minnick moved: Cole seconded: The Urban Renewal Authority refer the bill for securing Mr. Vance's property to Brady Corporation with a recom- mendation for payment. AYES: Cole, Mi nnick, Neal, Totton, Voth NAYS: None ABSENT: Novicky, VanDyke ABSTAIN : None The motion carried. XIII. CONSTRUCTION REPORT. Ms . Powers stated that bid packets for Englewood Parkway are being pre- pared. EDDA has committed to purchase of lights, etc. to carry out the theme of lighting and street furniture along the Parkway in the 3300 and 3400 blocks of South Broadway. Discussion ensued. Cole moved : Minnic k seconded: The Urban Renewal Authority send a letter of appreciation • • 0 I • • - • • • .. - -6- to the Englewood Downtown Development Authority for their cooperation and commitment of funds for improve- ment in the 3300 and 3400 blocks of South Broadway, and that Chairman Voth be authorized to sign the letter. AYES: Minnick, Neal, Totton, Voth, Cole NAYS: None ABSENT: Novicky, VanDyke ABSTAIN: None The motion carried . Mr. Totton stated that he wanted to commend the Engineering Division staff for the construction project. Ms. Powers reported on the Friedman property on South Broadway. XIV. LAND ACQUISITION. Ms. Powers stated that appraisals should be received on the Midland prop- erty, Dinkel property, and Graham property next week. XV. FlED ELMAN PROPERTY /BRADY /URA PROPERTY Ms. Powers stated that at the time the Urban Renewal Authority assumed the $600,000 loan between Brady Corporation and First National Bank of Englewood, a statem nt was required from the Bond Counsel that the Au- thority could borrow at a tax-exempt rate. The Bond Counsel has now concluded that this is a tax-exempt borrowing, but they do want the Au- thority to sign a separate promissory note with the Bank. The Authority also needs to approve an additional resolution authorizing Chairman Voth to sign the promissory note. Ms. Powers stated that there is an additional sentence to be added to the proposed resolution which the Authority has before it. Totton moved: Neal seconded: The Urban Renewal Authority approve Resolution #3, Series of 1985, A RESOLUTION OF THE URBAN RENEWAL AUTHORITY AU- THORIZING ITS CHAIRMAN TO SIGN A NEW PROMISSORY NOTE TO THE FIRST NATIONAL BANK OF ENGLEWOOD FOR THE PURPOSE OF ACQUIRING THE PROPERTIES AT 3405 SOUTH BROADWAY AND 50 WEST GIRARD AVENUE, and adding the following sentence to Section 2: "In this regard, the Authority warrants that the First National Bank of Englewood will be guaranteed its superior position in relation to any and all claims to the deed of trust for the properties." AYES: Neal, Totton, Voth, Cole, Minnick NAYS: None ABSENT: Novicky, VanDyke ABSTAIN: None The motion carried • • I • • - ( • • • • -7- XVI. DEMOLITION REPORT. Mr. Hinson reported that all buildings have been demolished, and the work was finished well within the deadline. Mr. Totton asked if the staff had verified that proper compaction was done. Mr. Hinson stated that CTL did tests on the compaction, and ap- proved the work. The meeting adjourned at 7:20 P. M. ~~/f Certrude G. Welty' Recording Secretary • I . • • • • URBAN RENE\~AL AUTHORITY MAY 15, 1985 9 ':l I. CALL TO ORDER. The Special Meeting of the Urban Renewal Authority was called to order by Chairman Voth at 6:30 P. M. Members present: Cole, Minnick, Neal, Totton, Voth Mcintyre, Non -voting Alternate Powers, Executive Director Members absent: Novicky, VanDyke Also present: Assistant Director Hinson Steve Bell and Judy McBride of Hanifen-Imhoff, Inc. II. LAND ACQUISITION. Mr. Hinson presented the appraisals of four properties within the Redevelop- ment Area to the Authority. He requested a resolution from the Authority on each appraisal adopting the stated value conclusion for each property as the Authority 's determination of the property's fair market value. The requested resolutions would also authorize staff to initiate negotiations with the owne rs of the properties based upon the&e fair market values. Minnick moved: Neal seconded: The Urban Renewal Authority adopt Resolution 04, Series of 1985, entitled A RESOLUTION OF THE URBAN RENEWAL AU- THORITY ASSERTING THAT THE APPRAISED VALUE AS DETERMINED BY JUSTIN H. HAYNES & COMPANY FOR THE PROPERTY /LEASEHOLD INTEREST AT 295 WEST HAMPDEN AVENUE, ENGLEWOOD, COLORADO 80110 IS THE FAIR MARKET VALUE OF SAID PROPERTY /LEASEHOLD INTEREST, AND DIRECTING THE AUTHORITY'S NEGOTIATOR TO USE SAID FAIR MARKET VALUE AS THE BASIS OF NEGOTIATIONS TO ACQUIRE SAID PROPERTY/LEASEHOLD INTEREST BY THE URBAN RENEWAL AUTHORITY. AYES: Cole, Minnick, Neal, Totton, Voth NAYS: None ABSENT: Novicky, VanDyke The motion carried. Neal moved: Minnick seconded: The Urban Renewal Authority adopt Resolution H5, Series of 1985, A RESOLUTION OF THE URBAN RENEWAL AUTHORITY AS - SERTING THAT THE APPRAISED VALUE AS DETERMINED BY JUSTIN H. HAYNES & COMPANY FOR THE PROPERTY /LEASEHOLD INTEREST AT 3467 SOUTH BANNOCK STREET, ENGLEWOOD, COLORADO 80110 IS THE FAIR MARKET VALUE OF SAID PROPERTY/LEASEHOLD IN- TEREST, AND DIRECTING TilE AUTHORITY'S NEGOTIATOR TO USE SAID FAIR MARKET VALUE AS THE BASIS OF NEGOTIATIONS TO • I • • • • • • -2- ACQUIR E SAID PROPERTY/LEASEHOLD I NTEREST BY TH E URBA N RENEWAL AUT HORITY. AY ES : Col e , Mi nn ick, Neal, Totton, Voth NAYS: No n e ABSE NT : Novicky, VanDyke The mo tion carried. Totton moved: Cole seconded: Th e Urban Renewal Authority adopt Resolution #6, Series of 1985, A RESOLUTION OF THE URBAN RENEWAL AUTHORITY AS- SERTING THAT THE APPRAISED VALUE AS DETERMIN r D BY JUSTIN H. HAYNES & COMPANY FOR TH E PROPERTY/LEASEHO LD INTEREST AT 3434 SOUTH ACOMA STREE T, ENGLEWOOD, COLORADO 80110 IS THE FAIR MARKET VALUE OF SAID PROPERTY/LEASEHOLD INTEREST, AND DIRECTING THE AUTHORITY'S NEGOTIATOR TO USE SAID FAIR MARKET VALUE AS THE BASIS OF NEGOTIATIONS TO ACQUIRE SAID PROPERTY /LEASEHOLD INTEREST BY THE URBAN RENEWAL AUTHORITY. AYES: Cole, Minnick, Neal, Totton, Voth NAYS: None ABSE NT: Novicky, VanDyke The motion carried. Mi nnick moved: Cole seconded: The Urban Renewal Authority adopt Resolution #7, Series of 1985, A RESOLUTION OF THE URBAN RENEWAL AUTHORITY AS- SERTING THAT THE APPRAISED VALUE AS DETERMI NED BY JUSTIN H. HAYNES & COMPANY FOR THE PROPERTY/LEASEHOLD INTEREST AT 3442 SOUTH ACOMA STREET, EN GLEWOOD, COLORADO 8011 0 IS THE FAIR MARKET VALUE OF SAID PROPERTY/LEASEHOLD INTEREST, AND DIRECTING THE AUTHORITY'S NEGOTIATOR TO USE SAID FAIR MARKET VALUE AS THE BASIS OF NEGOTIATIONS TO ACQUIRE SAID PROPERTY /LEASEHOLD INTEREST BY THE URBAN RENEWAL AUTHORITY. AYES: Cole, Minnick, Neal, Totton, Voth NAYS: None ABSE NT: Nov icky, VanDyke Th e motion carried . Mr. Hins on reported on the status of the Friedman b uilding at 3415-17 So uth Broadway . He noted that this building had been damag ed by the fire in the Authority-owned struc ture at 3405 South Broadway , and no report had bee n filed by the Englewood Fire Department as yet. Mr. Hinson remind e d the Authority that this building had not been scheduled for purchase by the Authority, n o r had funds been allocated for this purpose. However, he suggested that since thi s prope rty was in such close proximity to the Re- deve lopment Project improvements, the Authority might be interested in having an appraisal performed for future referen c e purposes . • I • • • • • • -3- Tot t o n moved: Col e second e d: The Ur ban Renewal Auth o rity direct Justin H. Haynes & Co . to p er f orm an appraisal on 34 15-1 7 South Broadway. AYES: Cole , Minnick, Neal, Totton, Voth NAYS: No ne ABSENT: Novicky , VanDyke The mo tion carried. III. PROJECT FINANCING. Mr. Steve Bell of Hanifen-Imho ff, Inc. wa s given the floor by Chairman Voth. Mr. Bell reported that the recent efforts to have a covenant of the Authority's Bond Series A changed thro ugh a vote of the bondholders had fallen short of the level of approval necessary. This covenant amend- ment, which would have permitted the placement of certain interest earnings in the c onstruction fund, required a 67 % consent vote for passage. Mr. Bell stated that while the positive vote rate was substantial, the tally was still short. Mr. Bell then began a discussion on the possibility of refunding Bond Series A. He stated that at the pres e nt time, the bonds could be re- issued at a 9 % rate rather than the existing 10% rate. The refunding at this rate would permit increasing the principle outstanding while maintaining the same debt service payments, or lowering the debt ser- vice payments on the present. The principle latter action would result in a savings of $152,000 to the Authority over the life of the bonds. Mr. Bell remind ed the Authority of the "cap" on th e amount of bonds that can be issued du e to the restrictive covenant in Bond Series A. This cap of $1 8,000 ,00 0 means that issuing additional bonds up to the limit would only generate an additional $700,000 -$800,000 in principle for Authority project s. Mr. Neal asked if the maturity date for the bonds could be extended. Mr. Bell stated that this f orm of refunding could be done but the interest savings would be reduced or eliminated. A brief discussion ensued on the merits of refunding (defeasing) the current Authority bond issue. Neal moved: Minnick seconded: The Urban Renewal Authority direct Mr. Steve Bell to take the steps necessary to refund the Authority's outstanding bond issue and repo rt on the progress at the Authority's June meeting. AYE S: Cole, Minnick, Neal , Totton, Voth NAYS: None ABSENT: Nov icky, VanDyke The motion carried. The meeting adjourned at 7:46 P.M. u_ M'VL Wm. Richard Hinson, Assistant Director • I • • I. • • - CITY OF ENGLEWOOD PLANNING AND ZONING COM}!ISSION May 21, 1985 CALL TO ORDER. 9 c The regular meeting of the City Planning and Zoning Commission was called to order at 7:00p.m. by Chairman Venard. MEMBERS PRESENT: Barbre, Carson, Magnuson, Stoel, Venard. MEMBERS ABSENT: Beier, McBrayer, Gourdin, Allen. ALSO PRESENT: Peter Vargas, Acting Director of D. A. Romans, Assistant Director Susan T. King, Senior Planner. Jack Olsen, City Attorney. Community Development. of Community Development. The Chairman stated that there was a quorum present. II. APPROVAL OF MINUTES. May 7, 1985 and May 14, 1985. Chairman Venard stated that the Minutes of May 7 and 14 were to be considered. Carson moved: Barbre seconded: The Minutes of May 7, 1985 be approved as written. AYES: NAYS: Barbre, Carson, Stoel, Venard. None. ABSTAIN: Magnuson. ABSENT: Beier, McBrayer, Gourdin, Allen. The Chairman ruled that the Minutes of May 7, 1985 were approved as written. Carson moved: Steel seconded: The Minutes of May 14, 1985 be approved as written. AYES: NAYS: ABSENT: Barbre, Carson, Steel, Magnuson, Venard. None. Beier, McBrayer, Gourdin, Allen. The Chairman ruled the Minutes of May 14, 1985 were approved as written. Carson moved: Stoel seconded: The Minutes of May 14, 1985 be approved as written. AYES: NAYS: ABSENT: Barbre, Carson, Steel , Magnuson, Venard. None. Beier, McBrayer, Gourdin, Allen. The Chairman ruled the Minutes of May 14, 1985 were approved as written. III. Centennial Trade Center II Final Subdivision Plat and Findings of Fact Cas 1/9-85 Mr. Carson asked if the conditions made by the Commission were included in this plat and in the Findings of Fact. Mr. Venard said they were . • I • • • • • •' - -2- Carson moved: Stoel seconded: The Final Subdivision Plat and the Findings of Fa ct for Case #9-85, Centennial Trade Center II, be sent to City Council with recommendation to approve . AYES: Barbre, Carson, Magnuson, Stoel, Venard. NAYS : None . ABSENT: Beier, McBrayer, Go urdin, Allen. IV . Findings of Fact: Case #10 -85 Proposed Amendments to the Comprehensive Zoning Ordinance: Sec tion 16.4-8, R-2; Section 16 .4-10, B-1; Section 16.4-11, Design Guidelines for the Re h abilitation of Existing Buildings in the South Broadway Incentive Area; Section 16 .4-13, I -1; Section 16.4-15, Planned Development; Section 16 .4-17, Fences and Retaining Walls; and Section 16 .4-18, Landscaping Requirements. Section 16.4-12, B-2, will not be sent to Council with a recommendation until after further study. Carson moved: Stoel seconded: The Findings of Fact for Amendments to the Compreh ensive Zo ning Ordinance be approved and sent to City Council. AYES: NAYS : ABSENT: Barbre, Carson, Magnuson, Stoel, Venard. None. Beier, ~lcBrayer, Gourd in, Allen. The Chairman ruled that the Findings of Fact were approved. V. Study Session on the B-2, Section 16 .4-12. Mr. Stoel suggested that, because there were two people in the audience, it might be better to have the Public Forum before the Study Session . The people in the audience stated that they wanted to attend the Study Session . Mr. Venard stated that they were wel c ome to attend and listen , but the Public Hearing had already been held and they were entitled only to listen. Mr. Venard said that he had made a c hart of the members' positions at the previous meeting concerning the provision s of the Conditional Use for used and new ca r dealers. He suggested usin g that as a guide in going over the provisions. ~r. Carson asked Mrs. Romans if a report had been received from the Poli ce Department concerning the number of thefts at car lots. Mrs. Romans said that she requested the information from David Miller of the Police Department who told her th at information co n c erning car lots cannot be obtained from the computer. He did say that there hav been more complaints about vandalism and theft from car lots in the last two weeks. One of the complaints was made by Kearns Jeep and other by Bill Crouch. The Chairman asked that the provisions of the Ordinance be taken in order. He stated that there had been general agreement that car sales lots should be made Conditional Uses. The Commission agreed to retain this provision, and Hr. Stoe l said they should develop minimum standards. Mr. Venard said the next provision to consider was the ten foot setback. of the members had opposed the setback, and Mr. Barbre, Mr. Magnuson and Venard had suggested some negotiation on the setback. Mr. Stoel said h really opposed to setbacks, but does not want any of the provisions to be retroactive. He said he would not oppose a smaller landscaped setback . • Four Hr. is not I • • • • .. Mr. Carson sugg ested front and side yard setbacks of three feet. Mr. Stoel said tha t the Landsc ape Ordinance would apply to any new busines s, including car businesses. Mrs. Romans said the Landscape Ordinance wo ul d also ap ply t o any change of use. Mr. Stoel said the Commission c an make some kind of guidelines s o tha t an applicant will know what will be considered when he/she applies for a Conditional Use . Discussion followed, with the Commission considering setbacks a nd landscapin g provisions. The Commission n oted that the surrounding cities all have rules f o r car dealers, some of them more stri ngent than those proposed for En glewood. It was observed that landscapin g ten feet across a property will no t satis fy the 10% landscaping required in the Ordinance which is already law. Mr. Vargas said that the Landscape Ordinan ce can be enforced on all dealers new since the Landscape Ordinance was passed, and the loca t ions of the landscaping can be negotiable for the Conditional Us e hearing. I t was de cided to go on to ot h er provisions and return to the consideration of se tb acks later in the meeting . Chairman Venard suggested discussing the provision for cus tomer and employee parking. The co nsensus at the last meeting had been against this provision. Mr. Ma g nuson said he had changed h i ~ fflind, and wanted the required parking . Mr. Stoel said, in his opinion , such a provision would not be enforced . Mr. Ma g nus o n wanted space marked for cus tomers. Mr. Carson said that especially in the case of repair areas, there should be reserved parking. Mrs. Romans said that the General Regulations would require one space fo r eac h tw o employees at maximum employment on a single shift plus two spaces for each 300 square feet of sales, office, repair or maintenance space. Mr. Stoel said that parking could be handled as part of the Conditional Use Hearing. Mr. Carson said he was going to vote against this provision . It was a g reed that, since this can now be enforc ed, there would be no fu rther provision for parking made in this section of the Ordinance. The Chairman asked for co nsideration of the 200 square foot per c ar requirement. There ha d been five members opposed to this requirement at the previous meeting . Mr. Magnuson pointed o ut that some of the neighboring communities require 300 square feet per car. Mr. Stoel said that setbac ks and lands caping would t ake up space and would limit the number of cars. Discussion followed, with consideration of different sizes of vehic les. Mr. Greg Thompson, 4528 Sou th Broadway, stated that it would be diffic ult t o make any guideline wh ich would be fair t o everyone. Mr. Paul Hendricks , a cit iz en in attendance, said that it is h is und ers t a nding that what began the close look at car dealers was that some deal er was parkin g in the public ri ght-of-way. He said that if the City enforced its own laws, that situation would h ave been solved. Mr. Vargas stated that part of the problem is a car lot at Belleview and Broadway where there is no public right-of-wa y provided for a sidewalk because of the expansion of the State Hi ghway. Peo ple a r e unable to walk by the lot. Mrs . Romans said that car lots are not being discriminated against. Car wash es and auto repair businesses have been Conditional Uses for some time. Body r epair excluded f rom commercial districts. They are suggesting that in addition t o Lhe car was h es and auto repairs, all car-related uses be made Conditional Uses . • I • • • • • -4- The Commission decided to consider the number of ca rs permitted and square footage required for each car as part of the Conditional Use Hearing. Mr. Vargas suggested ob taining an average of different sizes of vehicles so that density can be addressed, taking the different sizes into consideration. The Commission would require that a site plan be provided which would show how ca rs would be parked on the c ar lots. It was also decided that the a cces s lane would be considered at the Conditional Use Hearing. The Commission agreed to retain the lighting and Sign Code provisions o f the propo sed c han ge s to the B-2 District. It was agreed that there would be no re gu lation on auto display racks above ground level . Be c ause the Fence Ordinance permits six foot fences of chain link and woven wire, it was decided that the Commission would not require anything more stringent tha n th e Fence Ordinance provisions. Mr. Carson objected to six foot fences a nywh ere fronting o n Broadway and suggested amending the Fence Ordinance . The rest of the proposed changes were accepted. It was the opinion of the Commissi on that these provisions should not be retroactive and should only apply t o any new business concerned with the sale of new or used cars, and any such business upon a c han ge in ownership. It was agreed that any new owner should come before the Commission to reaffirm or adjust the Conditional Use status if it had already b een g r a nted. A new owner or use would have to meet all the current requirements, i.e., landscaping, parking, lighting, etc. The Commission asked that Mrs. Romans draft a new section for the B-2 Distri c t t o ref lect the decisions of the Commission at this meeting, and asked that the draft be ready for the following meeting on June 4, 1985. The Commission returned to the discussion of setbacks and landscaping , and decided that the Landscape Ordinance provisions must be met and enforced, including the requirement that all business sites must have 10% of the land in l andscaping. It was the opinion of the Commission that placement of landscaping, while it must be visible from the street to some extent, could be decided at the Conditional Use hearing . The Commission agreed that the guidelines as discussed at this meeting would be considered for inclusion in a ny site plan or applic ation fo r Conditional Use status. The Commission a greed that many of the problems such as parking on the stree t of dealer cars co uld be solved with stricter enforcement of existing laws. Mr. Var gas said that this is no t altogether true. Dealers can move their ca rs a few i nc h es and be given a n additional 24 hours t o move c ars parked on the street; and due process makes it difficult to obtain com pliance qui ckly. It was decided that r efe rence would be made to the General Regulations, Sections 16 .5-3 through 16.5-6, which refer to parked vehicles and Conditional Use applications . The next discussion of the B-2 Section of the Comprehensive Zoning Ordinance will be at the next scheduled meeting on June 4, 1985 . Greg Thompso n suggested that there are other areas of Englewood whic h n eed beautification before car lots do, and he showed the Commission members tw o pictures of locations he fel t should be better maintained. VI. DIRECTOR'S CHOICE. None. VII . CO MHISSION'S CHOICE. • I • • - • • • • • -5- Mr. Carson suggested that the City Council should consider enlarg ing the go l f c ourse clubhouse, whi c h needs lockers and a larger restaurant. He a sked that this projec t be added to the Capital Expenditures list. Mr. Carson said that it is difficult for pedestrians to walk along Burt To yo ta's property; and there is also a problem for walkers on the corner o f Belleview a n d Broadway. He ur g ed that the City look into the danger of this situation. Mr. Vargas said that the State Highway runs along there, and there may not be sufficient right-of-way f o r sidewalks. The Commissioners asked that each member be notified when the changes t o the Comprehensive Zoning Ordinance will go to City Council, as they would like to attend in an official capacity. It was suggested that Mr. Venard might wish to present the document. The meeting adjourned at 9:57 p.m. Sheryl Rousses, Recording Secretary • I • ORDINAOCE 00 • ..J' SERIES OF 1985 • • • BY AUTHORITY COUNCIL BILL 00. 31 Im'RODUCED BY COlJOCIL MFMBER BILO AN ORDINAOCE APPROVING GRANT OF WATER LINE EASEMENT FOR CAMDEN PLACE ONE LCX:ATED AT W. GRAND AVE. BE'IWEEN S. llC(Xo!A AND S. DELAWARE STREETS IN THE CITY OF ENGLEWOOD , COLORADO. WHEREAS, Winley Homes , the developer of camden Place One, wishes to obtain an extension of a public 6-inch water main onto the proposed site to serve four buildings; and WHEREAS , the City has required that the owner dedicate an exclusive 20-foot water line easement to the City to enable the eventual looping of the water line south to West Belleview Avenue; OOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. City Council hereby approves the Grant of Waterl1ne Easement by Winley, Inc., a Colorado corporation, dba camden Homes, 5215 S. Beeler Ct ., Englewood, Colorado 80111, in favor of the City of Englewood , Colorado, a copy of said Grant of Waterline Easement is attached hereto as Appendix 1 and incorporated herein by reference. Section 2. City Council hereby authorizes the Mayor and ex officio City Clerk-Treasurer to sign and attest said Grant of waterline Easement on behalf of the City Council and the City of Englewood. Introduced, read in full, and passed on first reading on the 3rd day of June, 1985. 1985. Published as a Bill for an Ordinance on the 5th day of June, Read by title and passed on final reading on the 17th day of June, 1985. I • • - ( • • • • • Published by title as Ordinance No. the 19th day of June, 1985. At test: ex off1c1o C1ty Clerk-Treasurer __ , Series of 1985, on Eugene L. Otis, Mayo r I, Gary R. Higbee, ex off icio 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 r eading and published by title as Ordinance No. __ , Ser ies of 1985 . Gary R. Higbee • ' I • ( • • • • GRANT OF WATERLINE EN>RMENT THIS GRANT of a waterline easement (this "Grant") is made this __ day of , 1985 by WINLEY, roc ., a Colorado corporation, dba CAMPDEN HOMES, ("Grantor"), whose address is 5215 South Beeler Ct., Englewood, Colorado 80111, in favor of the CITY OF ENGLEWOOD, COLORADO, ("Grantee") whose address is 3400 South Elati Street, Englewood, CO 80110; The parties covenant and agree as follows: l. Easement Propert~. '!he "Easement Property" shall mean the real property located 1n t e County of Arapahoe , State of Colorado , more particularly described as follows: A 20-foot strip for utility purposes lying 10 feet on each side of the following described centerline: Commencing at the South l/4 corner of Section 10, Township 5 South, Range 68 West of the Sixth Principal Meridian, City of Englewood County of Arapahoe , State of Colorado; thence S 89o 48' 36" W, a distance of 1016.66 feet; thence N OOo 29' 10" E, a distance of 220.00 feet to the Southeast corner of that tract of land known as Carrden Place One; thence S 89o 48' 36" W along the South line of said Campden Place One, a distance of 82.64 feet to the true point of beginning; thence N OOo 29' 10" E, a d istance of 410.00 feet to the point of terminus; the above described parcel contains 8,200 square feet (0.188 acres) more or less. 2. Consideration. As consideration for this Grant, Grantee has paid Grantor the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged by Grantor. 3. Grant of Waterline Easement. Grantor hereby grants to Grantee, its successors and ass1gns, a perpetual, nonexclusi ve easement (the "Waterline Easement") over, under, across and through the Easement Property for the purpose of constructing, operating, maintaining, repa iring, replacing, removing and enlarging the "Lines and Appurtenances", as hereinafter defined. '!he "Lines and Appurtenances" shall mean one or more utility pipelines and all necessary underground and surface appurtenances thereto necessary or desirable for the transmission of water, including, but not limited to, mains, conduits, vaults, ventilators , electric or other control systems, cables , wires and connections . 4. Access. Grantee shall have the perpetual, nonexclusive right of ingress and egress in , to, over, through and across the Easement Property for any purpose necessary or desirable for the full enjoyment of the rights granted to Grantee under this Grant • • I • • • - 5. Restoration . Grantee agrees that after the construction, maintenance, repair, replacement, or enlargement of any of the Lines and Appur tenances , Grantee shall restore the surface of the Easement Property as nearly as reasonably possible to the grade and condition it was in immediately pr1or to said construction, maintenance , repair, replacement, or enlargement, except as may be necessary to accO!mlOdate the Lines and Appurtenances. Grantee agrees to restore and repair any improvements of Grantor on the Easement Property which are damaged, modified or altered by Grantee during said construction, maintenance, repair, replacement or enlargement. Grantee further agrees to replace any topsoil removed from any cultivated or agricultural areas on the Easement Property and to remove any excess earth resulting from said construction, maintenance, repair, replacement or enlargement, at Grantee's sole cost and expense. 6. No Improvements. Grantor covenants and agrees not to construct, erect, place or plan any "Improvements", as hereinafter defined, on the Easement Property without obtaining the prior written consent of Grantee. "Improvements" shall mean any structure or building. Grantee shall have the right to remove, without any liability to Grantor, any improvements constructed, erected, placed or planted on the Easement Property without Grantee's having obtained the prior wr itten consent of Grantor. 7. Subjacent and Lateral SuPP?rt. Grantor covenants and agrees that Grantee shall have the r1ght of subjacent and lateral support on the Easement Property to whatever extent is necessary or desirable for the full, complete and undisturbed enjoyment of the rights granted to Grantee under this Grant. 8. Rights of Grantor. Grantor reserves the full right to the undisturbed ownersh1p, use, and occupancy of the Easement Property insofar as said ownership, use, and occupancy is consistent with and does not impair e1e rights granted to Grantee in this Grant. 9. Abandonment. In the event that Grantee shall abandon the rights granted to it under this Grant, all right, title and interest hereunder of Grantee shall cease and terminate, and Grantor shall hold Easement Property, as the same may then be, free from the rights of Grantee so abandoned and shall own all materials and structures of Grantee so abandoned, provided that Grantee shall have a reasonable period of time after said abandonment in which to remove any or all Lines and Appurtenances from the Easement Property. In the event that Easement is abandoned by Grantee, Grantor shall have the right, at its sole option, to require Grantee to remove or neutralize any improvements constructed in the Easement by Grantee. 10. Warranty of Title. Grantor warrants and represents that Grantor is the f ee s1mple owner of the Easement Property and that Gr a ntor has full right, title and authority , that this Grant is effective to grant and convey to Grantee the Utilities Easement, and that this grant of an easement is superior to all other grants • • I • • ( • • • • Grantor further covenants and agrees to indemnify, defend and hold Grantee harmless from and against any adverse claim to the t i tle of the Easement Property by all and every person or persons lawfully claiming or to claim the whole or any part thereof. 11. Binding Effect. 'Ihis Grant shall extend to and be binding upon the he1rs, personal representatives, successors and assigns of the respective parties hereto. 'Ihe terms, covenants, agreements and conditions in this Grant shall be construed as covenants running with the land . IN WITNESS WHEREOF, the parties hereto have executed this Grant of Waterline Easement the day and year first above written. ATTEST: Secretary STATE OF COLORADO COUNTY OF ARAPAHOE ss. GRANTOR: WINLEY, INC., a Colorado corporation d/b/a ~DEN PLACE ONE ~~~~~~~--Joseph M. Heffley President Acknowledged before me this day of , 1985 by Joseph M. Heffley as President ana-- as of Winley, Inc., d'...,/b""/7 a--,eam=pd-.-e=-n:-=P'la=-ce=-""One=---;-- My Commission expires: Attest: H1gbee, ex off1c1o City Clerk-Treasurer Notary Public ________ _ Address: GRANTEE: CITY OF ENGLEWOOD, COLORADO ~--;:;--::--~ Eugene L. Otis, Mayor • I • • - • • • • srATE OF COLORADo COUNTy OF ARAPAHOE s s . Acknowledged before me th i s day of , 19 by Eugene L. oti s as Mayor and Gar~igbee as ex officio City-- Clerk-Treasurer of the City of Englewood, Colorado. My Commission expires: • Notary Public Address: 3400 s. Elati Englewood, co 80110 Q I • • ( • • • - BY AUTHORITY ORDINANCE NO.n SERIES OF 1985 COUNCIL BILL NO. 39 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE AMENDING TITLE XIV, CHAPTER 2, SOCTION 2, OF THE ENGLEWOOD MUNICIPAL CODE OF 1969, TO MORE PROCISELY DEFINE CERTAIN VEHICLE PARKING RESTRICTIONS. WHEREAS, it is deemed necessary by the Englewood City Council to establish an objective criteria to prohibit by weight certain vehicles parking in residential areas. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That Title XIV, Chapter 2, Section 2, of E.M.C.'69, as amended, is hereby amended to read as follows: 14-2-2: RESTRICTIONS OF SPECIAL MOBILE EQUIPMENT, TRAILERS, TRUCKS AND CXM1ERCIAL VEHICLES a. b. It shall be unlawful for the operator or owner of an automobile transport trailer, moving van, transit-mix-concrete truck, trailer, semitrailer or truck with MaR~Eae~~FeF~s Fa~ eapae~~y ~-eHeess- 9E 9Re aR8 9Re-l:iaU fl--lf~r ~s AN 1'11PTY WEIGHT IN EXCESS OF 6,000 LBS. (60 C.W.T.) or special mobile equipment to stop, stand or park such vehicle or to cause such vehicle to be stopped, stood or parked on any street or highway, alley or other public way within the City for a period in excess of four (4) hours at any time, except when such vehicle is being expeditiously loaded or unloaded or such mobile equipment is being used to perform the special operations for which it was designed. Tank trucks, tank trailers , tank semitrailier OR OTHER TRUCK USED TO TRANSPORT HAZARDOUS SUBSTANCES shall not park upon the streets, alleys or public or private places within the City except when entirely empty and then only for a period not exceeding one (1) hour. No CARGo AREA OR tank of such vehicles shall be repaired except when completely empty of flammable liquids OR HAZARDOUS SUBSTANCES and only after being thoroughly steamed or washed to remove all explosive vapors. No tank truck, tank semitrailer or tank trailer used for 1 • 9 I • • -• - transporting liquefied petroleum or gas, whether loaded or empty, OR ANY TRUCK CARRYING HAZARDOUS SUBSTAOCES shall be parked or allowed to remain upon the streets, alleys or other public property or upon any private property within the City, except when actually engaged i n filling storage tanks or while under repair. c. It shall be unlawful for the operator or owner of any automobile, bus, transport, trailer, moving van , transit-mix concrete truck, trailer, semitrailer, truck trailer or truck whose MaRY~aetYEeE~s EaeeB eepaeiey is i-R E!HeeSS ef eAEee-ieYEtl:is ~141-teA EMPI'Y WEIGHT IS IN EXCESS OF 6,000 lbs. (60 C.W.T.) or special equipment, as defined herein, to stop, stand or park such vehicle or to cause such vehicle to be stopped, stood or parked in any residentially zoned area of the City and on any street adjacent to said residentially zoned area of said City at any time, except when such vehicle is being expeditiously loaded or unloaded or such mobile equipment is being used to perform the special operation for which it was designed, on any street or highway, alley or other public way within the City of Englewood. d. The term or phrase "Special mobile equipment" shall, for the purpose of this chapter, mean and consist of vehicles, self-propelled or otherwise, designed primarily for operation or use on or off the streets and highways. This defin i tion sha ll include by way of example, but not by way of limita tion, snowplows, road construction or maintenance equ i pment, d i t c h digging or excavating apparatus, well dr illing or boring equipment, fire-fighting equipment and veh icles designed to transport equipment and vehicles used 1n connecti on wi th or for the repair and maintenance of construction or ma intena nce equipment temporarily or nna ne ntly moun t ed on such vehicles, provided that such equi pment i s t r an sported from ya rd to job, job to job to J Ob to ya r d , and equ ipment pr i marily designed for hoisting , lift i ng, mo v ing, loading or d i gging opera tions . The foregoing defini t i on is part i a l and shal l not inc lude other vehicles of unusual design, size or shape tha t ar e designed pr imarily f or purposes other t han transporting merchandise or pa sseng e rs. e . EMPI'Y WEI GHT MEANS THE WEIG!T OF ANY 1-UI'OR VEHICLE OR TRAI LER OR ANY CGIB I NATION THEREOF, IOCLUDING THE OPERATING BODY AND ACCESSORIES ROUNDED TO THE NEAREST HUND RED WEIGHT AS SET FORTH UNDER THE "C. W. T." SEX::T ION OF TH E COLOR:WO DEPAR'IMENT 1-UI'OR VEHICLE REX:iiSTRATION OR CXMPARAB LE VEHICLE REX:iiSTRATION OF <YI'HER STATES. ANY 1-UI'OR VEHICLE SOLELY OWNED BY A COLORAOO OOIJERNMENTAL 2 • I • • - , • J • • • • AGEt¥::Y (STATE, (l)UNTY, OR MUNICIPALITY) IS EXEMI?l' FROM THIS ORDINAOCE. Introduced, read in full, and passed on first reading on the 3rd day of June, 1985. 1985. Published as a Bill for an Ordinance on the 5th day of June, Read by title and passed on final reading on the 17th day of June, 1985. Published by title as Ordinance No. the 19th day of June, 1985. Attest: ex off1c1o C1ty Clerk-Treasurer __ , Series of 1985, on Eugene L. otis, 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 the Ordinance passed on final reading and published by title as Ordinance No. __ , Series of 1985. Gary R. H1gbee 3 • I . • ORDINAOCE oo . .fi SERIES OF 198-5- • • • BY AUTHORITY COUNCIL BILL NO. 42 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINAOCE AMENDING TITLE VI, CHAPTER 5, SEX::TION l, OF THE ENGLEWCX>D MUNICIPAL CODE '69, AS AMENDED, TO REDEFINE THE TERM "DERELICT VEHICLE." WHEREAS, City Council previously passed Ordinance No. 75, Series of 1981 , relating to control of items of debris, including derelict veh icles ; and WHEREAS, the present definition of derelict vehicles makes it difficult for the Code Enforcement Officers to enforce the provi- sions of this section relative to inoperable vehicles; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Title VI, Chapter 5, Section l(c), of the Englewood Municipal Code '69 , as amended, is hereby amended as follows: 6-5-l: DEFINITIONS (c) "Derelict vehicle" shall mean any vehicle , ~ 9WI'IeE 9£ loiRi-eA eaR~ ~+ly 8e ~AliT Me eapa&*e 9£ &el-FMJ ~ally 8pelia~ 9R ~ ~i.e &er;eees liAiier; ~ -eer; ...eA~ htw& 9£ w ~4;e... ~ &RaU i-Ael~Hie aU ...eAi-e*es llli-ssl-FMJ wRE!els., llli-s&i-FMJ er; &HiteR wi-AiiEHot~S aAiifer; wi-AiisAi-eW WHICH IS WRD2KEO, DAMAGED, OR SUBSTANTIALLY DISMANTLED TO THE EXTENT THAT SUCH VEHICLE IS IOOPERABLE OR IS INCAPABLE OF BEING K)VED UNDER ITS ~ POWER. IT SHALL INCLUDE ALL VEHICLES MISSING ONE OR K)RE WHEELS. It shall not i nclude those vehicles whose only deficiency is lack of a current license plate or eaieey EMISSIONS sticker and those vehicles in the process of BEING MODIFIED or that have been modified as hobby type vehicles . Introduced, read in full, amended, and passed on first reading as amended on the 3rd day of June, 1985. • I • • • • • • Published as a Bill for an Ordinance, as amended, on the 5th day of June, 1985. Read by title and passed on final reading on the 17th day of June, 1985. Published by title as Ordinance No.~~, Series of 1985, on the 19th day of June, 1985. Attest: &lgene L. Otis, Mayor ex offlclo C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance pas~ on final reading and FAJblished by title as Ordinance No. ~' Series of 1985. Gary R. Hlgbee • I • • -• • • l C 0 U N C I L C 0 M M U N I C A T I D H DATE June 11, 19B5 AGENDA ITEM SUBJECT Awarding of Bid - Sherman Tank Repainting !Ia__ 1-----------------------L--------------~--------------------------------------- ( • INITIATED BY ________ s_t_ew_a_r_t __ Fo_n_d_a_, __ D_i_r_e_ct_o_r __ o_f_U_t_i_l_it_i_e_s ________________ ___ ACTION PROPOSED ______ A_w_ar_d_i_n~g_t_h_e __ B_id __ f_o_r_t_h_e __ S_he_rm __ a_n_T_a_n_k_R_e~p_a_i_nt_l_·n~g~------- to M & M Tank and Tower BACKGROUND In 1981 the water tower located at South Sherman Street was defaced with spray paint. In view of the settlement of the litigation involving the water tower, now would be a beneficial time to repaint the tank to give it a more attractive appearance for the community. The award co ns i sts of cleaning and repainting the tank exterior above the wa lk-way floor including power washin g, spot cleaning with power tools and priming, finish pri ming and finish painting. FINANCIAL DETA ILS Four bids were received on June 4, 1985 for the project . M & M Tank and To we r from Greeley, Colorado was the low bidder with a bid of $6,000. Camp Dresser & McKee, Inc . co ntacted several of their reference s on past projects similar to Engle woo d's and found they had completed the projects satisfactorily , on schedule ann within the contract price. Camp Dresser and Mc Kee recommends the City award the contract to M & M Tank and Tower. There is adequate money available in the water fund for this project. RECO MMENDATION That City Council award the bid for the Sherman Tank Repainting to M & M Tank and Tower in the amount of $6 ,000 . • I • • CDM erwiron,.nrel englrtNrs, ICiertt/S ts. planners. a menepement consultants June 5, 1985 Mr. Stu Fonda Director of Utilities City of Englewood 3400 South Elati Englewood, Colorado 80110 RE: AWARDING OF BID SHERMAN TANK REPAINTING Dear Stu: • • - CAMP DRESSER & McKEE INC. Alwrpoinl 2300 1St~ SlrMI , Su~ 400 o.n..<. tooor.do 110202 303058·1311 The proposals have been open and read for the Sherman Elevated Water Storage Tank Repainting Contract. The bids were as follows: 1. M & M Tank and Tower Greeley, Colorado $ 6,000.00 2. Classic Painting Company Denver, Colorado 6,295.00 3. Special Coatings Corporation Littleton, Colorado 7,963.00 4. Thompson Painting & Sandblasting Greeley, Colorado 14,570.00 I have reviewed M & M Tank and Tower's proposal including the bid security and qualification document and they appear to be in order. I contacted several of their references on past projects similar to Englewood's and found that the principal of M & M, Sid Martindale, completed the projects satisfactorily , on scheudle and within the contract price. I have contacted M & M to assure myself that the bid did include the cost for roller application of the coating system . Upon review of the low bidder 's proposal, I have found it to be responsible and eligible. I therefore recommend the City award the Contract toM & M Tank and Tower, Greeley, Colorado. With you r approval, COM will officially notify M & H Tank and Tower that the Contract is ready for execution. Upon this notification, H & M will have five working days to execute the Contract and furnish the bonds duly executed with a satisfactory surety company. After the Contract is executed and the bonds accepted by the City of Englewood, all bid securities will be returned to all the bidders • • I • • - • Stu Fonda June 5. 1985 Page 2 • • • CAMP DRESSER & McKEE INC. If you have any questions please call. If there is to be a delay in acceptance of M & M proposal, please contact me. Sincerely, CAMP DRESSER & McKEE INC. ~t./~~ Richard E. Steele Manager, Structural Engineering RES:sjb cc: Kay Roberts • I . . ( • • • .. • C 0 U N C I L C 0 M M U N I C A T I 0 N SUBJECT DATE May 15, 1985 AGENDA ITEM II 6 INITIATED BY City Manager Transfer of property interest in Bi-City Treatment Plant to the City of Littleton ACT I ON PROPOS ED_--=P..::a:.:s~s~a~qce~o~f:......!a:...!b~1"'. 1"'1"'-f"'o"'r"'-"'a'-'n~o.._r,.d-"'i-'-'n"'a"'n~c:.::e'-"a'-"u'-'t"-h"'o'-'r'"'i"-'z'-'i"-'n-"q'---'t"'r"'a"'n"'s"'f"'e"'r"--'o"'f"-- ownership of a one-half interest in the real property at the Bi-City Treatment Plant to the City of Littleton on certain terms and condi tions. BACKGROUND At the inception of the wastewater treatment p lant project , an agreement between Englewood and Littleton outlined the purchase of properties needed to build the Englewood/Littleton wastewater treatment p lant. That agreement called for Englewood to purchase the property; to bill Littleton for one-half of the cost thereof, and when all properties were purchased, to transfer one-half interest of the properties purchased. The attached bill for ordinance fulfills those require ments. RECOMMENDATION It is recommended that Council approve the ordinance transfe rring a one-half inter- est in the real property at the Bi-City Treatment Plant to the City of Littleton. Attached is a letter of agreement as to form of the deed from Littleton's City Attorney. Attach. KW/lo • I • • - l • • • • ORDINANCE NO. BY AUTHORITY SERIES OF 198"""5 __ _ A BILL FOR COUNCIL BILL NO. 33 INTR~y COUNCIL MEMBER I l _ _,____. ___ _ AN ORDINANCE AUTHORIZING TRANSFER OF CMNERSHIP OF A ONE-HALF INTEREST IN THE REAL PROPERTY AT THE BI-ciTY TRFA'IMENT Pr.ANT TO 'mE CITY OF LITTLETON ON CERTAIN TERMS .AND mNDITIONS. WHEREAS, the City of Englewood and the City of Littleton are Harne Rule Cities operating under charters pursuant to Article XX of the Constitution of the State of Colorado; and WHEREAS, the power to contract with each other is within the scope of the basic powers of both cities and within the specific provisions of C.R.S. 29-1-201, et seq.; and WHEREAS, by agreements dated July 2, 1973 and December 6, 1982 (amended May 7, 1984), the City of Englewood agreed to sell a one-half interest in the Bi-city Treatment Plant; and WHEREAS, the City of Englewood has agreed to transfer to the City of Littleton a one-half interest in and to said real property pursuant to said agreements. ~. 'rnEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, CX>LORAOO, AS FOLI.<MS: Section 1. That a one-half (l/2) interest in the following described real property be conveyed to the City of Littleton as tenant in common: That part of the NE l/4 of the NE 1/4 of Section 33, Township 4 South, Range 68 West of the 6th P.M., County of Arapahoe, State of Colorado, more particularly described as follows: Cattnencing at the NE corner of Section 33; thence N 89 de<:Jrees 52 1 02" West 243 feet along the North line of said Section to the True Point of Beginning, said point also being the NW corner of a tract of land described in Book 2290 at page 512 of Arapahoe County Records; thence S 11 degrees 02 1 34" West 377.5 feet along the West boundary of said tract to the Southwest corner of said tract; thence South 89 degrees 30 1 18" East 19.1 feet along South boundary of said tract to the Northwest corner of a tract of land described in Book 5 at page 458; thence South 12 degrees 36 1 17" 1 • I • • • • • - West 429.43 feet along West boundary of this tract; thence North 89 degrees 52'02" West 4.00 feet; thence South 12 degrees 36' 17" West 194.48 feet to a point 10 feet Nor th of the North line of the S 1/2 of the S l /2 of the NE 1/4 of the NE 1/4; thence North 89 degrees 52' 02" West 252.00 feet parallel to said North line; thence South 0 degrees 07' East 10.00 feet to said North line; thence North 89 degrees 52' 02" West 319.00 feet along said North line to a point 308 feet East of the West line of the E 1/2 of the NE 1/4; thence North 0 degrees 07' West 330.00 feet parallel to said West line to a point on the North line of the S 1/2 of the NE 1/4 of the NE 1/4; thence North 89 degrees 52'02" West 28.00 feet along said North line; thence North 0 degrees 07' West 600.18 feet again parallel to the West line of the E 1/2 of the NE 1/4 to a point on the Southeasterly line of South Platte River Drive East; thence North 67 degrees 48' East 157.43 feet along said South- easterly line to a point on the North line of said Section 33; thence South 89 degrees 52' 02" East 648.51 feet to the True Point of Beginning, containing 15.5945 acres, more or less. That part of the S 1/2 NE l/4 Section 33, Township 4 South, Range 68 West of the 6th P.M., County of Arapahoe, State of Colorado, more particularly described as follows: Beginning at the NE corner Sd 1/4 NE 1/4 Section 33; thence the following 5 courses along the land described in Book 1804 at page 343 of the Arapahoe County Records: 1) North 89 degrees 50' West along the North line of the Sd l/4 NE 1/4 122.80 feet; 2) South 02 degrees 01' West 126.47 feet; 3) South 40 degrees 26' West 370.00 feet; 4) South 64 degrees 49' West 225.00 feet; 5) South 44 degrees 47' West 16.71 feet to a point on the Easterly line of South Platte River Drive East, said point being 100 feet East of the Easterly line of the Official Channel of the South Platte River as established by Ordinance 16, Series of 1935, City and Coun t y of Denver; thence South 02 degrees 17' East along the Easterly line of said South Platte River Drive East 321.50 feet to a point of curvature; thence continuing along said Easterly line, on a curve to the left with a radius of 705.37 feet and a delta of 12 degrees 22' 19" to the ~ corner of a tract of land described in Book 2918 at page 545 of Arapahoe County Records; thence South 89 degrees 52' East along the North line and the North line extended of said tract 579.42 feet to a point on the East line of South Lipan Street; thence North 0 degrees 07' West along said East line 13.60 feet; thence South 89 degrees 53' 37" East parallel to, and 200.00 feet South of, the North 1 ine of the land described in Book 1995 at page 700 of Arapahoe County • [ I • l • • • • Records 100.00 feet; thence North 0 degrees 07' West parallel to the West line of the SE l/4 NE 1/4 50.00 feet; thence SOuth 89 degrees 53'37" East again parallel to, ard 150.00 feet SOuth of, the North line of the lard described in Book 1995 at page 700 of Arapahoe County Records 340.85 feet to the centerline of Mill Ditch; thence the following 7 courses all along said centerline of Mill Ditch: 1) North 36 degrees 46'23" East 86.99 feet; 2) North 61 degrees 10'59" East 56.95 feet; 3) North 32 degrees 55'39" East 35.95 feet; 4) North 06 degrees 46'19" West 22.63 feet; 5) North 43 degrees 15'53" East 16.00 feet; 6) North 27 degrees 04'02" East 198.95 feet; 7) North 12 degrees 40'45" East 264.00 feet to a point on the South line of N l /2 N l/2 SE 1/4 NE 1/4; thence North 89 degrees 53' 37" West along said South line 750.35 feet to the SW corner of the aforesaid N l/2 N l /2 SE 1/4 NE 1/4; thence North 0 degrees 07' West along the West line of the SE 1/4 NE 1/4 327.88 feet to the Point of Beginning, TOGETHER with two strips of lard for Right of Way to SOuth Santa Fe Drive, described as follows: 1) BEGINNING at the intersection of the South line of N 1/2 N 1/2 SE 1/4 NE l/4 with the centerline of Mill Ditch, said point bearing SOuth 89 degrees 53'37" East 750.35 feet fran the SW corner N 1/2 N 1/2 SE 1/4 NE l/4; thence along said South line 368.00 feet to the Westerly line of South Santa Fe Drive; thence South 17 degrees 53'37" West 15.77 feet along said Westerly line; thence North 89 degrees 53' 37" West parallel to, ard 15 feet South of said South line, 366.47 feet to the centerline of Mill Ditch; thence North 12 degrees 40'45" East along said centerline 15.37 feet to the Point of Beginning. 2) CXlMME!-CING at the Southwest corner of the N 1/2 N 1/2 SE 1/4 NE 1/4; thence SOuth 89 degrees 53'37" East 750.35 feet to the centerline of Mill Ditch; thence South 12 degrees 40' 45" West along said centerline 264.00 feet to the TRUE POINT OF BEGINN ING , said point also being the Southwest corner of a tract of lard descc ibed in Book 2193 at page 358 of the Arapahoe County Records; thence South 89 degrees 53' 37" East along the South bourdary of said tract 342.00 feet to the Westerly line of South Santa Fe Drive; thence South 17 degrees 53'37" West 10.52 feet along said Westerly line; thence Nor th 89 degrees 53' 37" West parallel to ard 10.00 feet South of aforementioned South boundary 343.84 feet to the centerline of Mill Ditch; thence North 27 degrees 04'02" East along said centerline 11.22 feet to the Point of Beginn ing , containing l8.6391 acres, more or less. 3 • ) I • • - • • • • Section 2. That the Mayor and ex officio City Clerk-Treasurer are hereby authorized to sign and attest said deed on behalf of the City and City Council. Introduced, read in full, and passed on first reading on the 17th day of June, 1985. 1985. Published as a Bill for an Ordinance on the 29th day of June, Attest: &lgene 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 canplete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 17th day of June, 1985. Gary R. H1ghee • f I I • l • • • • SPOCIAL WARRANTY DEED This Deed made this day of , 19_ between the CITY OF ENGLEWOOD, COLORADO, a Colorado home rule municipal corporation with City Hall at 3400 South Elati Street, Englewood, County of Arapahoe, State of Colorado 80110, hereinafter "grantor", and the CITY OF LITTLETON, a Colorado home rule municipal corpora-tion, hereinafter "grantee;" WITNESSETH, that the grantor, for and in consideration of TEN DOLU\RS AND OTHER ax>D AND VALUABLE CONSIDERATION, to the grantor in hand paid by the grantee, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm unto the grantee, its heirs and assigns forever, a one-half (1 /2) interest as tenant in common with Grantor in the following real property situate , lying and being in the County of Arapahoe and State of Colorado, to wit: That part of the NE l/4 of the NE 1/4 of Section 33, Township 4 South, Range 68 West of the 6th P.M., County of Arapahoe, State of Colorado, more particularly described as follows: Commencing at the NE corner of Section 33; thence N 89 degrees 52' 02" West 243 feet along the North line of said Section to the True Point of Beginning, said point also being the NW corner of a tract of land described in Book 2290 at page 512 of Arapahoe County Records; thence S 11 degrees 02' 34" West 377.5 feet along the West boundary of said tract to the Southwest corner of said tract; thence South 89 degrees 30' 18" East 19.1 feet along South boundary of said tract to the Northwest corner of a tract of land described in Book 5 at page 458; thence South 12 degrees 36' 17" West 429.43 feet along West boundary of this tract; thence North 89 degrees 52'02" West 4.0 feet; thence South 12 degrees 36'17" West 194.48 feet to a point 10 feet North of the North line of the S l /2 of the S l/2 of the NE 1/4 of the NE 1/4; thence North 89 degrees 52' 02" West 252.00 feet parallel to said North line; thence South 0 degrees 07' East 10.00 feet to said North line ; thence North 89 degrees 52' 02" West 319.00 feet along said North line to a point 308 feet East of the West line of the E l /2 of the NE l /4; thence North 0 degrees 07' West 330.00 feet parallel to said West line to a point on the North line of the s 1/2 of the NE 1/4 of the NE 1/4; thence North 89 degrees 52'02" West 28.00 feet along said North line; thence North 0 degrees 07' West 600.18 feet again parallel to the West line of the E 1/2 of the NE 1/4 to a point on the Southeasterly line of South Platte River Drive East; thence North 67 degrees 48' East 157.43 feet along said South- easterly line to a point on the North line of said Section 33; thence South 89 degrees 52' 02" East 648.51 feet to the True Pcint of Beginning, containing 15.5945 acres, more or less • • I • • • • - That part of the S 1/2 NE 1/4 Section 33, Township 4 South, Ran ge 68 Wes t of the 6th P.M., County of Arapahoe, State of Colorado, mor e particularly described as follows: Beg inning at the NE corner 9N 1/4 NE 1/4 Section 33; thence the following 5 courses along the land described in Book 180 4 at page 343 of the Arapahoe County Records: 1) North 89 degrees 50' West along the North line of the 9N l /4 NE 1/4 122.80 feet; 2) South 02 degrees 01' West 126.47 feet; 3) South 40 degrees 26' West 370.00 feet; 4) South 64 degrees 49' West 225.00 feet; 5) South 44 degrees 47' West 16.71 feet to a JX)int on the Easterly line of South Platte River Drive East, said point being 100 feet East of the Easterly line of the Official Channel of the South Platte River as established by Ordinance 16, Series of 1935, City and County of Denver; thence South 02 degrees 17' East along the Easterly line of said South Platte River Drive East 321.50 feet to a JX)int of curvature; thence continuing along said Easterly line, on a curve to the left with a radius of 705.37 feet and a delta of 12 degrees 22' 19" to the NW corner of a tract of land described in Book 2918 at page 545 of Arapahoe County Records; thence South 89 degrees 52' East along the North line and the North line extended of said tract 579 .42 feet to a point on the East line of South Lipan Street; thence North 0 degrees 07' West along said East line 13.60 feet; thence South 89 degrees 53' 37" East parallel to, and 200.00 feet South of, the North line of the land descr ibed in Book 1995 at page 700 of Ar apahoe County Records 100.00 feet; thence North 0 degrees 07' West parallel to the West line of the SE 1/4 NE l /4 50.00 feet; thence South 89 degrees 53'37" East again parallel to, and 150.00 feet South of, the North line of the land described in Book 1995 at page 700 of Arapahoe County Records 340.85 feet to the centerline of Mill Ditch; thence the following 7 courses all along said centerline of Mill Ditch: 1) North 36 degrees 46'23" East 86.99 feet; 2) North 61 degrees 10'59" East 56.95 feet; 3) North 32 degrees 55'39" East 35.95 feet; 4) North 06 degrees 46'19" West 22.63 feet; 5) North 43 degrees 15'53" East 16.00 feet ; 6) North 27 degrees 04'02" East 198.95 feet; 7) North 12 degrees 40'45" East 264.00 feet to a JX)int on the South line of N 1/2 N 1/2 SE l/4 NE 1/4; thence North 89 degrees 53' 37" West along said South line 750 .35 feet to the 9N corner of the aforesaid N 1/2 N 1/2 SE l/4 NE 1/4; thence 2 • r I • • l • • • - North 0 degrees 07' West along the West line of the SE l/4 NE l/4 327.88 feet to the Point of Beginning, TOGETHER with two strips of land for Right of Way to South Santa Fe Drive, described as follows: 1) BEGINNING at the intersection of the South line of N 1/2 N l/2 SE 1/4 NE l/4 with the centerline of Mill Ditch, said point bearing South 89 degrees 53' 37" East 750.35 feet fran the SN corner N 1/2 N 1/2 SE l /4 NE 1/4; thence along said South line 368.00 feet to the Westerly line of South santa Fe Drive; thence South 17 degrees 53' 37" West 15.77 feet along said Westerly line; thence North 89 degrees 53' 37" West parallel to, and 15 feet South of said South line, 366.47 feet to the centerline of Mill Ditch; thence North 12 degrees 40'45" East along said centerline 15.37 feet to the Point of Beginning. 2) ~~ING at the Southwest corner of the N l/2 N 1/2 SE 1/4 NE 1/4; thence South 89 degrees 53'37" East 750.35 feet to the centerline of Mill Ditch; thence South 12 degrees 40'45" West along said centerline 264.00 feet to the TRUE POINT OF BEGINNING, said point also being the Southwest corner of a tract of land described in Book 2193 at page 358 of the Arapahoe County Records; thence South 89 degrees 53' 37" East along the South boundary of said tract 342.00 feet to the Westerly line of South santa Fe Drive; thence South 17 degrees 53'37" West 10.52 feet along said Westerly line; thence North 89 degrees 53' 37" West parallel to and 10.00 feet South of aforementioned South boundary 343.84 feet to the centerline of Mill Ditch; thence North 27 degrees 04'02" East along said centerline 11.22 feet to the Point of Beginning. Contains 18.6391 acres, more or less. Together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits there- of; and all the estate, right, title, interest, claim and demand what- soever, of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD, the said premises above bargained and described with the appurtenances, unto the grantee, its heirs and assigns forever. And the grantor, for itself and its successors, covenants, grants, bargains, and agrees to and with the grantee, its heirs and assigns, that at the time of the ensealing and delivery of these presents, it is well sei zed of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as 3 • I • • • • • • aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encll!lbrances of whatever kind or nature whatsoever EXCEPT easements and rights of way of record and the claims of Grantor as a tenant in catrnon with Grantee in the above bargained premises in the quiet and peaceable possession of the grantee, its heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by, through or under the grantor, to~ AND FOREVER DEFEND. IN WITNESS WHEREOF, the grantor has caused its corporate name to be hereunto subscribed by its Mayor, and its corporate seal to be here- unto affixed, attested by its City Clerk, the day and year first above written. Attest: CITY OF~ a Colorado municipal corporation Gary R. Higbee, City Clerk EUgene L. Otls, Mayor Sl'ATE OF COLORADO ) ss. COUNTY OF ARAPAHOE ) The foregoing instrument was acknowledged before me this day of , 19 by Eugene L. otis as Mayor and Gary R. H1gbee as C1ty Clerk of the City of Englewood, Colorado. My COmmission expires: 4 Notary Public Address: • r I • • - • City of Littleton City Attorney 2255 West Berry Avenue Littleton, Colorado 80165 May 24, 1985 John R. Olsen, Esquire City of Enlgewood 3400 s. Elati Street Enlgewood, Colorado 80110 • • • Re: Bi-City Treatment Plant -Deed Conveying a 1/2 Interest from Englewood to Littleton Dear Jack: The form of the Deed regarding the above-mentioned transaction as forwarded to me with your letter of May 16, 1985, and the ordinance authorizing the transfer are acceptable, and we would request that Englewood proceed with the conveyance and adoption of the ordinance. Very truly yours, ·) ci(~ Larry W. Berkowitz City Attorney LWB/ev Enclosures PS: Please note typos marked in pencil. • I • • .. • ( • C 0 U N C I L DATE June 13, 1985 INITIATED BY ACTION PROPOSED • • • C 0 M M U N I C A T I 0 N AGENDA ITEM 11 (c) SUBJECT Ordinance Requiring Court-Ordered Restitution Council Member John Neal Recommend passage of a bill for an ordinance that would reQuire the Mpnjcipal Court and .Judges to order defendants found guilty to reimburse their victims for crimes .:i.nYQ.lyina damaaes and bodily injury. BACKGROUND The City of Englewood has seen an increasing number of victims of violations of City ordinances who suffer undue hardship by a mixture of loss/damage of property and physical injury. At present, persons that are found guilty of causing such suffering are under no moral or legal obligation to make adequate restitution to their victims. The proposed ordinance would make restitution a condition of sentencing. It is also believed that restitution may serve as an instrument of rehabilitation for violators. In order to pass constitutional muster , the Court is permitted to retain its authority to consider the economic condition of the defendant in assessing restitution. RECOMI<!ENDATION To approve the bill f or an ordinance requiring court-ordered r estitution. • I • • • • • BY AUTHORITY ORDINAOCE 00. SERIES OF 198"""5 __ _ A BILL FOR COUNCIL BILL 00. 44 INTRODUCED BY COUNCIL HF11BER ______ _ AN ORDINAOCE REQUIRING RESTITUTION TO BE PAID BY DEFENDANTS FOUND GUILTY OF DAMAGING OR DESTROYING PERSONAL PROPERTY OR OF CAUSING BODILY INJURY OR OI'HER DAMAGES TO THEIR VICTIMS. WHEREAS, the City Council of the City of Englewood, Colorado, is concerned that there are an increasing number of victims of violators of city ordinances who suffer undue hardship by virtue of physical injury or loss of property; and WHEREAS, persons found guilty of causing such suffering should be under a moral and legal obligation to make adequate restitution to the injured by their conduct; and WHEREAS, restitution provided by violators of Englewood ordinances to their victims may be an instrument of rehabilitation for violators; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, <X>LORAOO, AS FOLLOWS: Section 1. That Englewood Municipal Code '69 is hereby amended by add1ng Chapter 20.5 to Title I, which section shall read as follows: 1-20.5-1: RESTITUTION TO VICTIMS OF ORDINAOCE VIOLATIONS (a) Upon conviction of a defendant in any offense in which the conduct of the defendant resulted in loss or damage to the property of another or cause bodily injury to another, the court shall, as a cond1tion of probation or as a mitigating factor in imposing any punishment, provide that the defendant make restitution to the victim of his conduct for the actual damages which were sustained. Such restitution shall be ordered by the court as a condition of probation or as a condition of mitigating any punishment. The amount of such restitution shall be based on the actual pecuniary damages sustained by the victim, the ability of the defendant to pay and the defendant's obligation to support his dependents and other family obligations. SUch restitution may be paid to the office of the City Attorney for deposit into the City's treasury and repayment therefran to the victim. If the court finds, based upon clear and convincing evidence, that such restitution shall work an undue hardship on the defendant and his family, the court may waive the making of such restitution, in whole or in part. ~ court is authorized to monitor such payment of restitution by setting penalty hearing at reasonable intervals to receive reports of partial payments made and, for this purpose, may continue the 1 • I • • • • • - penalty hearings at periods within a 24-month period. If the defendant fails to make restitution as ordered by the court, any sentence imposed will include unsuspended confinenent of not less than 30 days. The court has the authority to delay imposing a punishment until either the defendant has satisfied the paying of restitution or the Court has determined that no restitution will be paid. (b) When as a result of a plea bargain agreement or when a defendant is ordered to make restitution pursuant to Section 1 above, the City Attorney's office supervising the collections of such restitution may assess a charge of $15 to the defendant upon receiving of a bad check as restitution payment. For this section, a "bad check" means a check or similar site order for the payment of money which is dishonored by the bank or other drawee because the issuer does not have sufficient funds upon deposit with the bank or other drawee to pay the check or order upon presentation within thirty days after issue. (c) Upon a determination based upon clear and convincing evidence that the defendant had a liabii!ty insurance policy in effect at the time of the injury or the damage or loss of property resulted to another and such injury, damage, or loss was reported to such insurance policy company, and the identity of that insurance policy and company has been made known to the victim, the court will find that further restitution is not required, provided that the liability insurance policy was equal to or greater than the amount of injury, damage, or loss. Introduced, read in full, and passed on first reading on the 17th day of June, 1985. 1985. Published as a Bill for an Ordinance on the 19th day of June, Attest : &!gene L. ot1s, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of tnglewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ord inance , introduced , read in full, and passed on first reading on the 17th day of June, 1985. Gary R. Hlgbee 2 • [ I •