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Home My WebLink About1985-08-05 (Regular) Meeting Agenda• • • • City Council Meeting -Regular -August 5, 1985 • • • - • • 0 0 I~ 2-1,3 ,33 • I . . • • - ( • • • • AGENDA F OR THE REGULAR ME ET ING OF THE ENGLEWOOD CI TY COUNCIL AUGUST 5, 1985 7:30 P.M. 1. Call to order. 2. »t Invocation by Reverend Cl i fford Sampier, Cherry Hills Full Gospel Center, 4860 Sou t h Clarkson Street. (l 3. Pledge o f allegia nce by Boy Sc out Troop 1151. 4. Roll ca l l. 5. Minutes. (a ) Mi n ute s o f t h e regul a r me et i ng of July 15, 1985. 6. Pre-Sched ul e d V i s i tors. (Please l i mit your presenta ti on to 1 0 m i nu t e s .) 7. 8. (a) Mr. Willi am Ki ng, 3 784 Sou t h Pop l ar Street, will b e p r es e n t to d i scuss propo sed construct i on at 331 9 South Clark so n S tree t . Non-Scheduled Vj sitors/. (Please lim i t your presentation to 5 m i n u tes. 1 )l:ti'< -t .1. 11 a. -q u,) -;pt :ef ru-. J-; Ot. a r·(l "' lc1'1: ~')(.•-C,(k) t1l+ --u · m 'tdu. a.u -ttL ~·T ....... """""'"' Commun ica ti ons and Proc l amat i 6ns . (a) Lett e r f rom Mr . Gerry V e nard , Planning and Zon i ng Comm i ss i oner, concerning his resignation from that Board. ,t (b) Proclamat i on declar i ng the week of August 12-16, 1985 1} as Soc ia l Security We ek. • I • • • • • • ,_, Page 2 August 5, 1985 Agenda 8. Communications and Proclamations. {c) Letter from Carolyne J. Boettger, Municipal Court Administrator, concerning the proposed restitution ordinance being considered under item 9 (e). 9. Consent Agenda. {!8 :11:44 ~ I _!f!:_ {}./3i:l ..5 I {)Let... If-::-. (].&/1:-6· (!) Ac{_ :II ~ • (a) Minutes of the Parks and Recreation Commission meeting of May 9 , 19 8 5. {b) Minutes of the Liquor License Authority meeting of May 29, 1985. (c) Minutes of the Public Library Advisory Board meeting of July 9, 1985. {d) {e) Ordinance on final reading amending the City's industrial waste pretreatment program in order to comply with federal requirements and to recognize that the Englewood sewer service received treatment from the Metro Denver Sewage Disposal District No. 1. Ordinance on final reading requiring restitution to be paid by defendants found guilty of damaging or destroying personal property or of causing bodily injury or other damages to their victims. (f) Ordinance on final reading approving Southgate Sanitation District's Supplement fl06 to annex approximately 10.4 acres to the District. (g) Ordinance approving a bus shelter agreement between the City of Englewood, Colorado and the Regional Transportation District for a bus shelter on the west side of South Broadway at West Hampden Avenue. (h) ( i) Ordinance on final reading approving an amended maintenance contract between the City of Englewood and the Colorado State Highway Department to increase the City's fees for the maintenance of traffic control devices. Ord i nance submitting to a vote of the qualified electors of the City of Englewood at the General Mun icipal Election to be held on November 5, 1985 question regarding the means of residential trash pickup in the City. • «.>.V J-Nj_ ~t t&..~ a , ./ /fo~L I • • • • • • Page 3 August 5, 1985 Agenda 10. Public Hearing. 11. Ordinances, Resolutions and Motions. (a) (b) ----(c) (d) (h) Memorandum from the Director of Finance and Ordinance on final reading approving an expanded mutual aid agreement between the City of Englewood and the City of Sheridan into an automatic aid agreement and to include a provision for a joint volunteer fire personnel program. Recommendation from the Community Development De-{-~u ~ partment to approve a Bill for an Ordinance amending the Comprehensive Zoning Ordinance regarding auto I and recreational vehicle sales and lease lots; gas and oil service stations; and adding development requirements. Recommendation from the Planning and Zoning Commission to approve a request to vacate Miramonte Road (South of West Belleview and Delaware Streets) and retaining a 20' wide utility easement. Recommendation from the Police Department to amend the Englewood Municipal Code regarding lost, abandoned and unclaimed property and its disposition and to provide a method for the Englewood Police Department to utilize the monies received from its sale. Recommendation from the Police Department to amend the Englewood Municipal Code regarding the offense of harassment in order to conform with recent Code Supreme Court decision. Recommendation from the Engineering Services Depart- ment to approve a Resolution accepting a grant of easement in the 2800 block of South Emerson Street as part of Paving District No. 30 construction. Recomm e ndation from the Engineering Services Depart- ment to approve a Resolution am e nding an agreement between the City and the Motor Cra ne Service Company to charge the location of a sanitary sewer easement to the east side of the Englewood Municipal Golf Course. Recommendation from the City Manager to adopt a Resolution adopting the Public Improvement Fund Six-Quarter Budget for the period July, 1985 through December, 1986. • I • • - ( • • • • • Page 4 August 5, 1985 Agenda 11. Ordinances, Resolutions and Motions (Continued). ~(i) Recommendation from the Finance Department to approve the award of bid to finance a new fire pumper to Jinco Leasing Corporation at a total cost of $125,235.64, and to authorize the City Manager to enter into a lease/purchase contract. 12. City Manager's Report. Jlt'l'\.J! 13. City Attorney's Report. lu'\\JI. 14. General Discussion. (a) Mayor's Choice. (b) Council Member's AH/sb Choice. C lt.fl t.~ C 'F\L.I.t/I L ,!.-.-.,~ c!u;l-II & • I • • • • • AGENDA ITEM -------P~E~EDBY __________ __ I 1 "-?war --;de-Gt ~(1nd- f'doo '/~ Hoved Seconded Ayes Nay Absent Abstain H1<1day Neal Vobeida Weist Bllo Bradshaw Otis MOTION: • I . • • • • • • AG ENDA ITEM 0 '-'q PRESENTED BY -------- ROLL CALL Hoved Seconded Ayes Nay Absent Abstain Hlgday v Neal v Vobe;da v Weist t-- Bi io J--- Bradshaw &-- Ot i s v-- MOTION: I • • • • • • • L:'(~ AGENDA ITEM _J=-----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes N•y Absent Abst•ln Hlgday -v Neal Vobe1da -Weist -v Bllo Bradshaw Ot is - MOTION: I • • • • • • • AGENDA ITEM (( LL PRESENTED BY ----- ~~7l rr~ -q) 33 ;q r-u_i_/t ~ #r.Jtt<.) /(c:3 J jt ~J c ~ (_ { 1-1-(: ( I L ' 'l L --(A ... /v u_ t u-zc l ( o te Sf !:-n ~d ,u-v:f-' f · a Ayes Nay Absent Abstain Hlqc:lav Neal Vo be i da Weist Bi lo Bradshaw Otis MOTION: I . • • • • • AGEND A ITEM 1 -'----PRESENTED B Y ------ )~ t/·V h : l _) • {_ ,_ (! f'f'c. c 0 L t t. -6 l (i (_r ( ) 0--I 71...-f>J-. .a 1Zdb2oz;., cP ~<XJt.~ C2 etc&., /-. ,_ ; t. ~ .:._~ Ayes Nay Absent Hlgday Neal Vobeida Weist Bllo Bradshaw Ot i s MOTION: I . . • • • • - AGENDA ITEM PRESENTED BY // -~_.f -~t '-& Lc. 1-zJ -,.__,(__[/ 11n' c A '-,aR-.--.<--1- ...-, fJr }· u I i( //) --/JL..i...eo c:J I & I ) !? )' f. 1! .__ " ) ,<.. ~ 1<. .t / ?;1 J--. I (, ( ~)Y ))oLC ')<._ 0 (.. \.__;>(c...,-; cY-"1"-'"tt.t ,. , . ., ' ,_/)t{!d {:CL> u 01 3qq { y! _jt.-JI?<_- -,C~1r 1....U~~ _;( \,J-L..<_,__t?--7_ -r ~-{ . ..-t< ~ {J ~7:J'J 3 c..-~ , __, )lL ..... L ,U-c r/l<. Jl<.,. ~-a~· ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday Neal v Vobeida Weist ..1:::. Bi lo Bradshaw Otis • I . • • - • - AGEND A ITEM -----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Abs e nt Abstain HIQday V' Neal Vobe,da Weist v-Bi lo Bradshaw Otis MariON: c· !3 #s 4 I • • • • • • • - AGENDA ITEM PRESENTED BY ---- l -UO~-t r...A..-o-' .u· rli-.>> { ]-'"- ___. u l l lv L -<-')1-v.....-/ o ?X..><- -/c.L-J ~ .-n yl<-u. b-e t c/c_ u.yo l. )r /)&:..{ r z. I _,..C I 7 f • , r tL • ('J ~ ~,~....- Hoved Seconded ROLL CALL {'<-<" <"'-Ja..L<" c4- t::, «.L_ I t<} Ayes Ma HIQday Meal Vobe 'da We i s t Bi lo Bradshaw Ot i s MOTION: • ------- -;<' { c ~c .•r /~< 1 ~ ci lt..l'ch/}._) Absent Ab t 1 s a n I . • • • AGENDA ITEM ----PRESENTED BY ------- J --, .u tt-J~ /1~ ) tL ~ dL "-/ /(_.R C-& .LJ2__ f --u 1.. /J tJ? cl <JuN:i ROLL CALL Moved Seconded Abstain HIQday -Neal Vobe1da Wei s t 81 l o Bradshaw Otis MOTION: I . . • • • I • - AGENDA ITEM_....;~;._....:-:::._ __ PRESENTED BY ------------ ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgaay Neal v Vobeida Weist --___.-Bi lo Bradshaw ~ Otis MOTION: Cc I • • • • • AGENDA ITEM _S_b __ · -PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain 1/ Hlg<lav Neal -;..-Vobei da Weist - Bi to -Bradshaw - Otis M<Yl'ION: {! (' C.· L I • • • • • • - AGENDA ITEM PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgoav ~ iJ.;..< v Neal Vobeida Weist ·lb:;-v Bi lo Bradshaw Otis - I • • • • • AGENDA ITEM -----PRESENTED BY ------- ROLL CALL Hoved Seconded Ayes Nay Absent Abstain _f1_1!jU~ -~ Nea_1_ vobtlda We_1_st t./ _B_I to Bradshaw Otis l MOTION: I • • • • • • AG ENDA ITEM -----PRESENTED BY -------- ROLL CALL Hoved Seconded Ayes Nay Absent Abstain Higday Neal Vobeida -Weist - Bllo Bradshaw - Otis - MOTION: I • • • • • - • - AG ENDA ITEM -----PRESENTED BY -------- ROLL CALL Hoved Seconded Ayes Mly Absent Absuln tHgday Neal Vobe1da We i st Bll o Bradshaw Ot is - MOTION: • I • • • • AGENDA ITEM I I~ . Moved Seconded Hlgday v Neal v--Vobeida Weist Bl lo Bradshaw Otis MCYriON:c ,g; 4 ~; t~J fl----- • • • PRESENTED BY -------- ROLL CALL Ayes Nay Absent I • • • • • - AGENDA ITEM -----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlqdav ----.., Neal - Vobe1da -Weist Bi lo - Bradshaw Otis - MOTION: I • • • • • n • • • AGENDA ITEM //!9. p ( i/1.--c;:;) -~ ·}, ~--t ~ ~ {---~L ROLL CALL Hoved Seconded Ayes Nay Absent Abstain v Hlgday -,....-Neal -Vobeida -Weist Bi lo -Bradshaw - Otis I . • 7 • • • • • AGE NDA ITEM --~..I_.L.I...:e..-;::__ PRESENTED BY ::('f ~/Jl (7 zL<f ROLL CALL Moved Seconded Ayes Nay Absent Abstain -l!Tcldav -Neal v-Vobe1da -Wei s t --Bl lo Bradshaw - Otis - MOTION: (!_, 13 -If-!) 5 I • • • • • • • AG ENDA ITEM I I tl-- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hladav -v Neal Vobeida Wei s t v Bi lo Bradshaw - Ot is - MOTION: I • • CI3 P4o • • - • • AGEN DA I T EM I I cL-~ 1 PRESENTED BY ~ J) vfl- ROLL CALL Moved Seconded Ayes Nay Absent Abstain v H,qc:Jav Neal Vobe1da -Weist y-. Bi lo Bradshaw Otis - I • • • • • - AGENDA '''" ~ PRESENTED BY )71 <-( fl ( ) ROLL CALL Hoved Seconded Ayes Nay Absent Abstain Hlgday v Neal Vobe1da Weist - 1./ Bi lo -Bradshaw Otis -- I • • • • • ROLL CAll Moved Seconded Ayes Nay Absent Abstain Higday Neal -v vo be ida - Weist - --v Bl lo -Bradshaw - Otis --- MOTION: I . • • • - AGENDA ITEM I I t5 PRESENTED BY lh C &WYl I ) ROLL CALL Seconded Ayes Nay Absent Abstain Moved lll9day Neal ---Vobeida Weist - .....---Bllo Bradshaw - Ot i s - MOT ION: I • • • • • • • I I 1 . AG ENDA ITEM ___.. _ ___:/:.--'-"-- P RESENTED BY Jn c.. {;,;11/71(______ ROLL CALL Moved Seconded Ayes Nay Absent Abstain liTCiOaY y Neal r-Vobeida WeTs t Bllo Bradshaw Ot i s I • • • AG ENDA ITEM ----- Moved Seconded Hlgday Neal Vo beida Weist Bi lo Bradshaw Otis MOTION: • • • • PRESENTED BY ------- :.; { 1Lu f~ - ROLL CALL Ayes Nay Absent • Abstain I • • • • • ... AGENDA ITEM I . ~ 1z, ,, . tl .l2_jz__ PRESENTED BY I LK:AJ<-_______ ROLL CALL Moved Seconded Ayes Nay Absent Abstain ~lgday ~ Neal Vobeida Weist Bl lo Bradshaw Ot i s I . MarroN,~ 1 ~ A ~ _!"t L !:It_ ifs ~ • • • • • • AGENDA ITEM ----PRESENTED BY ------ /II ' 1a'f 1'lJc C IU1<--'{;;-"/}/'~ ..w/ /))(__-z;r Zc.J/;; r J- /J ( ' ' ~'-' A'A''' ' ...)- ROL L CALL Moved Seconded Ayes Nay Absent Abstain Hlgday Neal Vob!Uda Weist Bllo Bradshaw Otis MOTION: I . . • • • • - ... ,............... ......... . ........................... . I . . • • • REGULAR MEETING: • • • COUNC I L CHAMBERS City of Englewood, Colorado July 15, 1985 The City Coun ci l of t he Cit y of Englewood, Arapahoe Coun t y, Colorado, met in regular sess i on on July 15, 1985, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocat i on was given by Dr. Rolland A. Andrews, Grace Bap t is t Church, 4200 Sou t h Ac o ma Street. The pledge of alleg i ance was l ed by Boy Scout Troo p #1 51. Mayor Otis asked for roll call. Upon a call of the roll, the f ollowing were present: Council Members Neal, Weist, Bilo, Bradshaw, Otis. Absent: Counc i l Membe r s Higday, Vobe j da. The Mayor d e cl a red a quorum present. * * * * * * * Also presen t were: City Manager McCown Ass i stant C ity Man a ge r Vargas City At t orney Olsen F i r e Chief Broman Di r e ctor of Ut i l i ties Fonda De puty City Clerk Owen * * * * * * * COUNC I L MEMBER WEIST MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JU LY 1 , 1985 . Mayor Pro Tern Br a d s h a w s ec ond e d the mo ti on. Upon a call of the roll , the vote re s ulted as foll ows : Ayes: Council Members Neal, Weist , Bilo , Bradshaw , Otis . Nays: None. Absent: Council Members Higday , Vobejda . The Mayor declared the motion carried . * * * * * * * • I • • • July 1 5, 1985 Page 2 • • - There were no pre-scheduled vi s itors. * * * * * * * Th e re were no other visito rs. * * * * * * * Cons e n t Agenda items were : (a) (b ) (c ) (d) (e ) (f) Ordinance on fina l read i ng amend i ng the operating agreement b et ween th e City of Englewood and the URA for the pu rpose o f c larifying relationships and re - spo ns i b ili t i es for the Downtown Redevelopment Pro-ject . Minute s o f the Water and Sewer Board meet i ng o f May 21, 19 8 5 . Mi nut e s o f t he Urban Renewal Authority meetings of J une 5 and 13, 1985. Min u tes o f the Pl a nning and Zoning Commission meetin s of Ju n e 18 , 1 985. Recommendation f rom the Wate r and Sewer Board t o ap - prove Southgate Sanitation Di st ri c t 's Supp l emen t t l 06 to annex app r o x imately 10 .4 a cres to t he Di s t r ic t. Transmittal of the 19 84 An n ua l Fi n a nc ial Repor t . COU NCIL MEMBER BILO MOVED TO PASS CONS ENT AGENDA ITEMS 9 (A) - 9(F). Council Member Weist seconded the motion . Upon a c a l l of th e 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(a) was hereby num b ered Ordinance No . 41 , Series of 1985. Consent agenda item 9(e) was hereby identified as being introduced by Council Member Bilo because he moved to pass the above referenced consent agenda items. • * * * * * • • I • • - • • July 15, 1985 Page 3 • • • MAYOR PRO TEM BRADSHAW MOVED TO OPEN THE PUBLIC HEARING TO CON- SIDER CITIZENS INPUT FOR THE 1985 BUDGET. Council Member Bilo seconded t h e motion. Upon a c a ll 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 noted this was a preliminary hearing to receive comments from the citizens concerning items they would want to see included in the 1986 budget prior to staff recommendations. Once the proposed budget was prepared and transmitted, the required public hearing would be held. Mayor Otis asked for citizen comments. David Clayton, 4509 South Acoma, carne forward. Mr. Clayton suggested that a snow removal plan be funded. The City would add more people to operate City-owned equipment to remove snow after a storm. There were no further comments. MAYOR PRO TEM BRADSHAW MOVED TO CLOSE THE PUBLIC HEARING. Coun- cil Member Bi lo seconded the motion. Upon a call of the roll, the vote result ed as fol l ows: Ayes: Co unc i l Memb e rs Neal , Weist, Bilo, Bradshaw, Otis. Nay s : No ne. Ab sent : Council Mem b ers Higday , Vobe j d a . The Mayor declared the motion carried . * * * * * * * COUNCIL MEMBER BILO MOVED TO OP EN TH E PUBL I C HEARING TO CONSIDER PROPOSED USES FOR GENERAL REVE NUE SH AR I NG FUN DS FOR 1986. Counc i l Memb er Neal seconded the motion . Upon a call of the roll, the vote resul t ed as follows : Ayes : Council Me mb ers Neal , Weist , Bil o, Brads ha w, Otis . Nays: None. • I • Ju ly 15, 1985 Page 4 • • • Abs ent : Council Members Higday, Vobejda. The Mayor declared the motion carried. City Man ager McCown stated 1986 may be the last year to receive general revenue sh a ring funds. Congress was either considering a reduc- tion of funds in the next year, and possibly eliminating the program in the ensuring years. Mr. McCown stated this hearing was also preliminary. The required hearing would be held follow i ng the transmittal of the 1986 proposed budget. May or Otis asked for citizen comment. There were no comments. COUNCIL MEMBER NEAL MOVED TO CLOSE THE PUBLIC HEARING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote re-sulted as follows: Ayes: Council Members Neal, Weist, Bilo, Bradshaw, Otis. Nays: None. Absent: Council Members Higday, Vobe j da. The Mayor declared the motion carried. * * * * * * * MAYOR PRO TEM BRADSHAW MOVED TO OPEN THE PUBLIC HEARING TO CON- SIDER AN ORDINANCE ON FINAL READING AUTHORIZING THE ISSUANCE OF SPECIAL ASSESSMENT BONDS IN THE AMOUNT OF $856 ,00 0 FOR PAVING DISTRICT NO. 30. Council Member Weist seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Weist, Bi1o , Bradshaw, Otis . Nays: None. Absent: Council Members Higday, Vobejda. The Mayor declared the motion carried . City Manager McCown stated the purpose of the hearing was to consider the issuance of bonds to pay for Pavi ng District No. 30 . Mayor Otis asked for citizen comment • • I • • • July 15, 1985 Page 5 • • • There were no comments. COUNCIL MEMBER NEAL MOVED TO CLOSE THE PUBLIC HEARING. Council Member Bile seconded the motion. Upon a call of the roll, the vote re-sulted as follows: Ayes: Council Members Neal, Weist, Bile, Bradshaw, Otis. Nays: None. Absent: Counc il Members Higday, Vobejda. The Mayor declared the motion carried. ORDINANCE NO. 42 SERIES OF 1985 BY AUTHORITY COUNCIL BILL NO. 48 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIAL ASSESSMENT BONDS IN THE PRINCIPAL AMOUNT OF $856,000 OF THE CITY OF ENGLEWOOD, COLORADO FOR PAV- ING DISTRICT NO. 30; PRESCRIBING THE FORM OF THE BONOS, AND PROVIDING FOR THE PAYMENT OF THE BONDS AND THE INTEREST THEREON. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 48, SERIES OF 1985, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Counc il Members Neal, Weist, Bil e , Bradshaw, Otis. Nay s: None. Absent: Council Members Higday, Vobejda. The Mayor declared the motion carried. * * * * * * * Fire Chief Broman presented a recommendation to approve a bill for an ordinance expa nding the mutual aid agreement between the City of Englewood and the City of Sheridan into an automat ic aid agreement and to include a provision for a joint volunteer fire personnel program. Council Member Neal requested information on the impact of the volunteer firefighters transferring pension funds before the next reading of this council bill. • I • • • July 15, 1985 Page 6 • • • Council Member Bilo stated in his mind there were economic and political issues that would have to be resolved as a result of this agreement. ORDINANCE NO. SERIES OF 1985 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 46 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING MUTUAL AND AUTOMATIC AID AGREEMENT BETWEEN THE FIRE DEPARTMENTS OF THE CITY OF ENGLEWOOD, COLORADO, AND THE CITY OF SHERIDAN, COLORADO, FOR ONE TO AID THE OTHER IN CASES OF GREAT EMERGENCY WHICH CANNOT BE HANDLED SOLELY BY ONE FIRE DEPARTMENT. MAYOR PRO TEM BRADSHAW MOVED TO PASS COUNCIL BILL NO. 46, SERIES OF 1985, ON FIRST READING. Council Member Weist seconded the motion. At the request of Council, Volunteer Fire Chief Doug Sovern, 2801 South Ogden, came forward. Mr. Sovern supported the program on the ba·sis it would give the volunteers a chance to do a better job. The program would also mix resources for less money. Mr. Sovern pointed out the volunteer would have to join the reserves to receive training. 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 • ORDIN ANCE NO·.~---- SERIES OF 1985 • * * • BY AUTHORITY A BILL FOR • • • • COU NCIL BILL NO. 53 INTRODUCED BY COUNCIL MEMBER BRADSHAW I • • J u ly 15 , 1'!85 Pa ge 7 • • • AN ORDINANCE APPROVIN G A CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE STATE OF COLORADO DEP~RTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, CON- CERNING MAINTENANCE OP TRAFFIC CONTROL DEVICES ON STATE HIGHWAYS WITHIN THE CITY OF ENGLEWOOD . MAYOR PRO TEM BRADSHAW MOVED TO PASS COUNCIL BILL NO. 53, 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. RESOLUTION NO. 28 SERIES OF 1985 * * * * * * * A RESOLUTION APPROVING QUIT CLAIM DEED, RESERVATION OF EASEMENT AND AGREEMENT BETWEEN THE C ITY OF ENGLEWOOD AND RICHARD K. AND JUNE K. CLARK AFFECTING CERTA I N REAL PROPERTY CONTAINING THE ENGLEWOOD RESERVOIR AND OWNED BY THE C I TY OF ENGLEWOOD. COUNCIL MEMBE R NEAL MOVED TO PASS RESOLUT I ON NO. 28, SERIES OF 1985. Ma y or Pro Tern Br a dshaw seconded the motion. Upon a call of t he roll, the v ote r esu l ted as follows: Ay e s: Coun c il Member s Neal, We i st, Bilo , Br a ds ha w, Oti s. Nay s: None . Absent : Council Members Higday , Vob ejda . The Mayor declared the motion carried • ORDINANCE NO. SERIES OF 1985 * * * • BY AUTHORITY A BILL FOR * • * COUNCIL BILL NO . 27 INTRODUCED BY COU NCIL MEMBER BRADSHAW I • • • July 15, 1985 Page 8 • • • AN ORDINANCE AMENDING TITLE XV, CHAPTER 5, ENGLEWOOD MUNICIPAL CODE AS ENACTED NOVEMBER 21, 1983, REGARDING ENGLEWOOD'S LEGAL AUTHORITY TO IM- PLEMENT AND OPERATE A PRETREATMENT INDUSTRIAL WASTE CONTROL PROGRAM, PURSUANT TO THE EPA'S CITIES' INDUSTRIAL WASTE PRETREATMENT PROGRAM, CORRECTING AND CLARIFYING FORMULAS, AND OTHER ADDITIONS REQUIRED BY THE EPA. MAYOR PROTEM BRADSHW MOVED TO PASS COUNCIL BILL NO. 27, SERIES OF 1985, ON FIRST READING. 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. * * * * * * * In light of Council Member Higday's absence and in consideratiop of his involvement in the subject of auto sale lots, MAYOR PRO TEM BRADSHAW MOVED TO POSTPONE A COUNCIL BILL AMENDING THE COMPREHENSIVE ZONING ORDINANCE REGARDING AUTO AND RECREATIONAL VEHICLE SALES AND LEASE LOTS; GAS AND OIL SERVICE STATIONS; AND ADDING DEVELOPMENT REQUIREMENTS (COUNCIL BILL NO. 50, SERIES OF 1985) UNTIL AUGUST 5, 1985. Council Member Neal seconded the motion. Upon a call of the roll, the vote re-sulted as follows: Ayes: Council Memb er s Neal, Weist, Bilo, Bradshaw, Otis. Nays: None. Absent: Co uncil Membe rs Higday, Vobejda. The Mayor declared the motion carried. * * * * BY AUTHORITY ORDINANCE NO. SERIES OF 198~5------ A BILL FOR * * * COUNCIL BILL NO. 52 INTRODUCED BY COUNCIL MEMBER BRADSHAW I • • • • • • • July 15, 1985 Page 9 AN ORDINANCE APPROVING A BUS SHELTER AGREEMENT BETWEEN THE CITY OF ENGLE- WOOD, COLORADO, AND THE REGIONAL TRANSPORTATION DISTRICT FOR A BUS SHEL- TER ON THE WEST SIDE OF SOUTH BROADWAY AT WEST HAMPDEN AVENUE. Council Member Neal asked if the bus shelter was lighted. If so, he asked staff to look at RTD's pLan in relationship to EDDA's plan for compatibility with landscaping and lighting. MAYOR PRO TEM BRADSHAW MOVED TO PASS COUNCIL BILL NO. 52, SERIES OF 1985, ON FIRST READING. Council Member Weist seconded the motion. Upon a call of the roll, the vote resulted as follows: RONAL D 19 5. h vo Ayes: Council Members Neal, Weist, Bilo, Bradshaw, Otis. Nays: None. Abs ent: Council Members Higday, Vobejda. The Mayor declared the motion carried. • • • • • • • MAYOR PRO TEM BRADSHAW MOVED TO REAPPOINT DONALD J . STYES AND L. LUNDERS TO THE LIQUOR LICENSING AUTHORITY CO MMEN CING AUGUST 4, Council Member Neal seconded the mot ion. Upon a call of the roll , r sul ed as follo ws: Ay Council Members Neal, We1s , B1lo , Bradshaw, 0 is . ays : None . bs n Council Members Higda y , Vob )da . The Mayor declared the mot ion carried. • • • • • • • Council discussed filling v acanc ie s on the Liquor Licensing Authority and he Housing Authority . It was the consensus to refer to previous letters of interest from citizens request i ng ap po intment to boards and commissions . Furthermore, there was no need to advertise for the Housing Authority at this time . * • • • * • • Council Mem b er Neal introduced the is sue of Swedish Hospital's late request to have the 3400 block of South Emerson withdrawn from Pa v- ing District No. 30. It was similar to a request made in 1976. Counc il Member Neal stated two options were: 1) leave as is, Swedish has a I • • • • July 15, 1985 Page 10 • • .. responsibility to meet the schedules and deadlines; or 2) offer Swedish upon full payment of any and all future, potential costs to the balance of the people in the paving district the ability to withdraw. Mayor Pro Tern Bradshaw opposed allowing Swedish to withdraw. Ms. Bradshaw stated her opposition was based on Swedish's lateness con- sidering all property owners were properly notified in advance of a hear - ing last May. Ms. Bradshaw stated the letter of request to withdraw was dated in June and received July 8. Ms. Bradshaw stated treatment and consi deration should be consistent as with any other property owner and citi zen. MAYOR PRO TEM BRADSHAW MOVED TO LEAVE THE 3400 BLOCK OF SOUTH EMERSON IN PAVING DISTRICT NO. 30 AND TO MAKE NO COMPROMISE. Council Member Bilo seconded the motion. Upon a call of the roll, the vote re-sulted as follows: Ayes: Council Members Bilo, Bradshaw. Nays: Council Members Neal, Weist, Otis. Absent: Council Members Higday, Vobejda. The Mayor declared the motion defeated. * * * * * * * COUNCIL MEMBER NEAL MOVED TO DIRECT STAFF TO CONSULT WITH SWEDISH AND INDICATE TO THEM THAT COUNCIL WOULD DEFER TO THE THIRD YEAR IN THE PAVING DISTRICT PROGRAM THE 3 400 BLOCK ON SOUTH EMERSON IF THEY ARE AT THIS POINT WILLING TO ASSUME 100% OF THE DIFFERENTIAL COST IN UNIT PRI CES FOR WITHDRAWING THAT AND ITS IMPACT ON THE BALANCE OF THE DIS- TRICT, AND TO REIMBURSE A PRO RATA PERCENTAGE BASED UPON THE SQUARE FOOT- AGE INVOLVED OF THAT STREET VERSUS THE ENTIRE DISTRICT FOR THE ADMINI- STRATIVE COSTS AND ALL OF THE OVERHEAD COSTS INVOLVED, PLUS 15% FOR AD - MINISTRATIVELY DOING THAT FOR THEM. Cou nci l Member Weist seconded the motion. Mayor Pro Tern Bradshaw spoke agai nst the motion. Council Member Bilo expressed disappointment that Swedish failed to make known their plans to vacate the street. At this point and time as far as he was concerned , the street was in the paving district and had they voiced their plans at the proper time he may have given it some cons i der at ion . Upon a call of the roll, the vote resulted as follows: Ayes: Council Member s Neal, Weist, Otis. I • • - • July 15, 1985 Page 11 Nays: Absent: • • • Council Members Bilo, Bradshaw. Council Members Higday, Vobejda. The Mayor declared the motion carried • • • • • • • • Council concurred to meet with the Planning and Zoning Commis-sion sometime after the 27th. • • • • • • • Council thanked Jim Espinoza for his report on the 6-month status of the taxi coupon program. • • • • BY AUTHORITY ORDINANCE NO. SERIES OF 198~5------ A BILL FOR • • • COUNCIL BILL NO. 54 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 1985 A QUESTION REGARDING THE MEANS OF RESIDENTIAL TRASH PICKUP IN THE CITY . COUNCIL MEMBER NEAL MOVED TO AMEND THE BILL TO READ "AMENDMENT NO. 1" AND TO PASS COUNCIL BILL NO. 54, SERIES OF 1985, ON FIRST READING. 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 . • • • • • • • There being no further business to discuss, MAYOR PRO TEM BRADSHAW MOVED ADJOURN. • I • - • • July 15, 1985 Page 12 • • • Mayor Otis adjourned the meeting at 8:43 pm without a vote. • I • - r • • • ORDINAOCE NO. SERIES CF 198_5_ • • • BY AU'l'HORITY CXlUtCIL BILL NO. 54 lm'ROOOCID BY COUOCIL Ha1BER NEAL AN OROINAOCE SUBMITTING TO A IDl'E CF 'niE C(DU.IFIED ELFX:'I'ORS OF 'niE CITY OF mGL&KlOD AT 'niE GENERAL MUNICIPAL EUX:TION TO BE HELD ON NOVEMBER 5, 1985 A QUESTION REGMDING 'niE MFANS OF RESIDENI'IAL TRASH PICKUP IN 'niE CITY. NeW, 'niEREFORE, BE IT ORD!HNED BY 'niE CITY COUOCIL OF 'niE CITY OF mGL~OOD, COLORADO, AS E'OLLCMS: Section 1. '!here is hereby subni tted to the qualified electors of the City of Englewood at the general municipal election to be held Novanber 5, 1985 the question set forth below in Section 2. Section 2. '!he voting machines and paper ballots for said elect1on shall carry the following designation, which shall be the subnission clause: FOR l'tGt.INST REFERENlXJ1 NO. 1 Shall the City of Englewood conduct a study to determine if it should authorize and undertake, by contract, municipal trash pickup services for residential users in the City? Section 3. Each elector voting at said election and desirous of vot1ng for or against said amendment shall indicate his choice by depress1ng the appropriate counte r of the voting machine which indicates the word "For" or "Against" or by appropriate marking upon paper ballo ts , where used • 1 • I • • • • • • Section 4. 'llle proper officials of the City of Englewood shall give notlce of said general municipal election, which notice shall be published in the manner and for the length of time required by law, and the ballots cast at such election shall be canvassed and the result ascertained, detecnined, and certified as required by law. Introduced, read in full, anended, and passed as anended on first reading on the 15th day of July, 1985. PUblished as a Bill for an Ordinance on the 17th day of July, 1985. . Read by title, anended and passed as anended on final reading on the 5th day of August, 1985. PUblished by title as Ordinance No. , Series of 1985, on the 7th day of August, 1985. -- Attest: &Jgene L. Otls, Mayor ex off1c1o 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 canplete copy of the Ordinance paSsed on final reading and published by title as Ordinance No. __ , Series of 1985. Gary R. H1gtlee 2 • l I . • • • • GeM.y G. Ven aJLd 3965 South In ca Engi ewood, CO 8 0 77 0 M-'l. Eug ene L. Ot.U., MayoJt., CUy o6 EngleJlJood 340 0 South Eia..t.<. E11gieJ<Jood, CO 80710 Ve.aJL S-Ur.: July 24, 1985 It -U. wUh a gJt.eat deai o6 Jt.egJtet that I mu6t l>ubmU my Jtu-i.gna..t.<.on 6Mm the Piamung and Zon.i.ng Comm-U.l>.i.on to be e66ecUve Augu.td 21, 1985. I have 6ound my tenuJtc w.i..tlz the Conwn-U.l>.i.on both chaUeng-Utg and Jt.waJt.ckng. HoweveJt., I w.i.U be mo1•.ing outll.<.de the c.Uy and can no tongeJt. HJt.ve .in tltat capa.c.Uy. I appJtec.<.ate tlte oppoJt.twUty to have l>eJt.ved the comrrui'!Uy and w-U.h you tl11! but M you con.U.nue. S.i.I1CeJt eiy, / J \) \:::\~ s;d' ~~---·~ ~.V enaJLd \ I • • - • • • • ~b P R 0 C L A M A T I 0 N In honor of the 50th Anniversary of the signing of the Social Security Act on August 14, 19 8 5 : WHEREAS, Social Security protects millions of workers and their families against the l o ss o f i n come they would otherwise face in their retirement , o r upon the disability or death of a family breadwi nn er; and WHEREAS, ninety-four percent of those reaching 65 are eligible for monthly Social Security benefits; ninety- five percent of young children and their surviving parents are eligible for benefits should the family breadwinner die; and four out of five workers are insured should they become disabled; and WHEREAS, nearly 37 million people are currently receiving monthly cash benefits; and WHEREAS, nearly one-fifth of the population of Englewood, over 6,400 citizens, receive Social Security benefits each month; and WHEREAS, Social Security has proved to be one of the most successful and popular social programs established by our government and has helped several generations of Americans mainta i n an adequate standard of living; and WHEREAS, Social Security has become part of the fabric of American life, growing and changing with the times to meet the needs of all Americans, NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, do hereby proclaim the p eriod of August 12 through 16, 1985, as S 0 C I A L S E C U R I T Y W E E K and encourage all citizens of Englewood to recognize the accomplishments of the last 50 years and continuing value of the Social Security program to Englewood, Mayor, City of Englewood • I • • - • • • • P R 0 C L A M A T I 0 N In honor of the 50th Anniversary of the signing of the Social Security Act on August 14, 1985: WHEREAS, Social Security protects mi llions of workers and their families against the loss of income they would otherwise face in their r etirement , or upon the disability or death of a family breadwinner; and WHEREAS, ninety-four percent of those reaching 65 are eligible for monthly Social Security benefits; ninety- five percent of young children and their surv iving parents are eligible for benefits should the family breadwinner die; and four out of five workers are insured should they become disabled; and WHEREAS, nearly 37 million people are currently receiving monthly cash benefits; and WHEREAS, nearly one-fifth of the population of Englewood, over 6,400 citizens, receive Social Secur ity benefits each month; and WHEREAS, Social Security has proved to be one of the most successful and popular social programs established by our government and has helped sever al generations of Americans maintain an adequate standard of living; and WHEREAS, Social Security has become part of the fabric of American life, growing and changi~g with the times to meet the needs of all Americans. NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, do hereby proclaim the p er iod of August 12 through 16, 1985, as S 0 C I A L SECURITY W E E K and encourage all citizens of Englewood to re c ognize the accomplishments of the last 50 years and continuing value of the Social Security program to Englewood . Englewood • I • • • E N G L E W 0 0 D M U N I C I P A l CITY HALL 3400 S. ELATI STREET ENGLEWOOD, COLORADO 80110 761-1140 Ext. 272 MUNICIPAL JUDGE, Louih PaAkin6on COURT ADMINISTRATOR, CaAo!yne J. Boettg~ CLERK OF COURT, BaAbaAa J. Penney The Honorable Mayor Eugene L . Otis and Me mber s of City Council Englewood City Hall 3400 South Elati St reet Englewood , CO 80110 • • • C 0 U R T July 9 , 1985 RE: Restitution Ordinance Dear Mayor and Members of City Council : Tha nk yo u for co n sideri n g my previous com ment s on this prospective ordinance; how ever, I do s t i ll h ave one mor e concern on the redrafted versio n. In paragraph (a) it s tat es , "Th e requirement of restitution s hall be deemed satisfied if the d efe nd a nt prese nt s a sig ned a nd not arized 'r elease ' from th e vic tim . " Th e problem ha s to do with notar- ization . Quite often, d efe nd a nt s go to vic tim's house in the evening after work to "settle" th e requirements . Perhaps none of you have had the ex perien ce of lo cati ng (a nd paying) a otary Publ ic during the eveni n g, but we may be creating a n undue hardship fo r the vic t im by h avi n g this requirement. Quite ofte n the Court or the Prosecutor has on file a copy of the vic- tim 's signature th at co uld be compa red with the statement s ubm itted . If there is a que stio n as to th e va lidity, a phone call shou ld s uf- fice . I n addition, any defendant s ubm it ting a phony statement co uld be recalled to Court for co ntem pt of co urt proceedings. Therefore , I am requesting that the word "notarized" be s triken from the ordin- ance . The Judge has a few concerns about the legality of parts of this or- dinance and may request to address you at a study session . He will co nt act the City Manager if he chooses to do so. Thank you for your time a nd consideratio n. CJ B/ j m cc -Jack Olsen, City Attorney I . - • • • • • En gl ewood Parks and Recreation Commiss i on Minutes of May 9, 1985 The regular monthly meeting of the Englewood Parks and Recreation Commission was called to order at 5 :35p .m. by Chairman Jack Poole at the Englewood Municipal Golf Course Clubhouse . Members present: Boardman, Bradshaw, Higday, Howard, Poole, Rademacher, Winkler, Romans, ex officio Members absent: Allen, Gomes Also present : Doug Foe, Assistant Director of Parks and Recreation Leon Kuhn, Assistant Director of Parks and Recreation Chairman Poole asked if there were any additions or corrections to the minutes of Apri 1 11, 1985. There were none . A motion was made and seconded that the minutes be approved as presented. The motion passed. Director Romans reported that architect Ron Rinker, upon the request of office engineer Rick Kahm, is checking into the possibilities of a sign for the recreation center which would be more readily seen from Oxford and Kalamath . Romans stated that Rinker has indicated it would be unwise to try to raise the present sign, which is near the entrance of the recreation center, since the process would destroy the balan~e and appearance of the building . Romans stated they are presently awaiting recommendations from Rinker at which time the Commission will then determine the sign best suited for the design of the center. Concerning the Santa Fe and Hampden Avenue interchange, Director Romans reported that the area has been cleaned up by the State Highway Department . There was considerable discussion regarding the upkeep of the interchange, hiring temporary employees, the feasibility of landscaping, the possible reconstruction of the interchange by the State Highway Department, etc. Commissioner Bradshaw asked about using individuals making rest- itution through the courts to keep up and maintain the interchange. Romans explained that insurance necessary for these people to work for the City is not affordable by the City and al so their work schedule is usua lly not compatible with City workinq hours . Chairman Poole asked Director Roman s to look into the possibilities of these individuals working I • - ( E'nglewo od Parks and Recreat i on Corrrni ssl on Min utes of Hay 9, 1985 Page -2- • • • for the City to keep up and maintain the Interchange and report back to the Commission. Assistant Director Foe reported on the high school prom night at the recreation center. He stated that the event was very well staffed and organized by the Parent Ad- visory Committee. There were approximately 220 kids In attendance. He stated the entire center was open to the group. Commissioner Rademacher stated she believes word will get around to the student body of the positive nature of this activity and that It will be pursued again next year . There was some discussion concerning the drainage problems of the golf course. Commissioner Howard asked why the architect is not being held accountable for the drain- age repair. Director Romans explained that at the time of the construction of the golf course, drainage was taken into consideration but at that time it was impo~slble to determine what, if any, drainage problems might exist . It was agreed with City engineers that drainage problems would have to be taken care of as they appeared. Commissioner Boardman inquired if there will be problems with drainage on the soft- ball fields that are to be developed next to the golf course. Romans stated that all the drainage from the ballfields is now draining across the driving range of the golf course and wi 11 have to be routed to Oxford Avenue. This might be a problem since Oxford Avenue is higher ln places than the softball field area and the engineers will have to find a solution to this problem . Romans stated that two companies are presently interested In leasing that piece of land from the City for one to two years: 1) Arapahoe County Fairgrounds flea market; and 2) Herbertson Sand and Gravel. There was some discussion regarding the Parks and Recreation Dept. short and long tern goals and objectives, cop ies of which were included in the Commission's packets . It was agreed that these department goals would need to be coordinated with the city administration and City Council goals . Commissioner Bradshaw made a motion, seconded by Commissioner Boardman, to accept the short and long term goals and objectives as presented. Hotion pa sscc Due to the annual Colorado Municipal League Conference the second week of June, which City Council represent atives Brad s haw and Higday will be attending, the Commission agreed to cancel it s meeting in June. In further discus si on, it wa s decid ed that the I • • - ( ( £nglewood Parks and Recrea ti on Commission Minutes of May 9, 1985 Pag e -3- • • • Jul y 11 Commission meeting wi ll be at 5:00p.m . rather than the usual 5:30 meeting time, and then wi ll ad j ourn to the old golf clubhouse for the annual Halley Sr. Advisory Committee potluck dinner . Assistant Director Foe reported on overcrowding of fitness classes at the recreation center. He stated that drop-ln fitness has been eliminated In the ladies evening fitness class where overcrowding was reported . Foe also reported on Commissioner Gomes Inquiry concerning the low number of Masters swi mmers using the pool and thus eliminating its use for public swim. Foe explained that If the Master class does not meet the minimum registration, It is cancelled for the following month . Although it may appear that only a few are swimming during the Masters swim time, the minimum, or more, has actually paid the fee . Foe reported that water temperatures for the recreation center showers have been adjusted in response to comments from several center patrons stating the water was either too hot or too cold . Di rector ~oman s st ated that Ken Ballard, Director of the recreation center, report- ed that the solar heating system at the recreation center has not been heating properly. He expla ined the pump was somehow cut off and the water was getting too hot. He stated that measures will be taken to ensure proper water flow so that this problem can be elim- ina ted. Director Romans reported that another problem appeared when the holding tank for the backwash water was overflowing. This problem was corrected by reducing the number of times the pool Is backwashed . Romans reported that Kip Wood, consultant on the center's filtration system, has recently returned from a tour of Germany and their swim pools . He stated that a new design in injecting the chlorine gas into the water is being used in Germany which remov e~ th e strong smell and eye Irritants from the pool water . Romans asked Hr . Wood to send whatever information he ma y have on this new system . Commissioner Howard ask d why the City of Sheridan insists on charging a separate li quor lie nse forth old and th new golf course clubhouses. Romans explained it is I • • Englewood Pa rks and Recreation Commi ssi on Minutes of Ma y 9, 1985 Page -4- • • • up to the local governments to interpret the State liquor laws . There was much discussion concerning the upkeep and use of the old clubhouse as a stopping point with refreshments for golfers and users of the hike/bike trai I. Romans stated the old clubhouse is present- ly opened to golfers for snacks and rest room facilities. Commissioner Bradshaw stated the lock on the south door of the old golf clubhouse Is broken and needs replaced . Director Romans reported that at the request of several golfers he plans to move the original bronze dedication plaque from the old golf clubhouse to the new clubhouse so that It would be more visible to the public . The Commission agreed. Commissioner Bradshaw asked if Director Romans learned whether or not the State Trails fund had been cut from the budget . Romans reported that he had checked with the State Parks and Outdoor Recreation Dept. and learned they did not at that time have the final approved figures. Commissioner Boardman reported that the east soccer field at the Detention Pond is looking worn. Assistant Director Kuhn explained that the heavy school and public use of the field and the fact that the turf is only one year old are factors in the wear of the field . The Commission felt that It I s better to cut use of the field rather than lose the turf. Commissioner Hlgday stated that the snow fence should be put around the worn area for three to four weeks and reseed the area. Director Romans stated the parks crew would Inst all the fence a s soon as possibl e. Director Ro mans Informed the Commission that there is a de lay In getting the new golf course pumps to bring down the level of the lakes. This Is due to the lengt h of time that was needed to get the f in al desiqn of the pump approved. Commissioner Bradshaw suggested that a walkway to the De tention Pond ballf ields from the parking lot be insta lled before a path Is worn in the turf. Assistant Kuhn stated he would check into it and report back at th e July meeting. The meeting was adjourned at 8 :00 p.m. linJi'Wilks, Recording Secretary • I • • ( • • • • ENGLEWOOD LIQUOR LICENSE AUTHORITY MINUTES Hay 29, 1985 The meeting was called to order at 7:30 p.m. PRESENT: Heinle, Lunders, Styes. ABSENT: McLaughlin, Patterson. The Chair declared a quorum present. * * * * 9 s The Authority considered the minutes of the meeting of Hay 1, 1985. The minutes were corrected to reflect Hr. Geis spoke in opposition to the Englewood Jaycees special events permit application. HEINLE MOVED, LUNDERS SECONDED A MOTION TO APPROVE THE MINUTES OF HAY 1, 1985, AS CORRECTED. Ayes: Heinle, Lunders, Styes. Nays: None. Absent: McLaughlin, Patterson. The Chair declared the motion carried. * * * * LUNDERS MOVED, HEINLE SECONDED A MOTION TO OPEN A PUBLIC HEARING TO CONSIDER AN APPLICA~ION FOR A 3.2 BEER OFF PREMISE LICENSE SUBMITTED BY MINI HART, INC, 4596 SOUTH FEDERAL BOULEVARD. Ayes: Heinle, Lunders, Styes. Nays: None. Absent: McLaughlin, Patterson. The Chair declared the motion carried. Janice Ow~n presented the application submitted by Mini Mart, Inc. Max Scott, president of Oedipus, Inc, presented the petitioning report and results of the survey conducted by his firm. I • • ( Englewood Liquor Licensing Author i ty Ma y 29, 1985 Page 2 • • • At torney Alan Dill, of Dill, Dill ' McAlister, represented the applicant. Mr. Dill presented the following witnesses in favor of the applicat i on: Calvin Eichinger -Manager of Fairlanes Belleview Bowling Alley 4900 South Federal Englewood, Colorado 80110 Kathy Mayfield -neighborhood resident 3004 West Tufts Englewood, Colorado 80110 Mr. Hilborn -neighborhood resident 3304 West Chenango Englewood , Colorado 801 1 0 Pa u l Bowen -ne i ghborhood residen t 470 1 South Clay Court Englewood, Colorado 80110 Curt Bachart -Mini Hart, Inc Zone Operations Manager 1831 Newport Casper, Wyoming Hr. Heinle noted an address discrepancy for Mini Mart, Inc. Some documents stated 4596 South Federal Boulevard, and others stated 4598 South Federal Boulevard. Min i Hart representatives contended th e address was 4596. Mi chael S c hon i ger, th e Reg i ona l Super visor f or Mi n i Mar t , Inc, a ddress of 12 17 2 Ea s t Ke p ne r Pla ce , Aur o ra , Co l o r ad o, p rovi d e d t e stimo ny regarding store operations and training. Chairman Styes asked if anyone in the audience wished to speak in opposition of the application. There was no one. The meeting recessed at 8:55 p.m. and reconvened at 9:35 p.m. HEINLE MOVED, LUNDERS SECONDED A MOTION TO APPROVE THE APPLICATION FROM MINI HART, INC, FOR A 3.2 BEER APPLICATION SU BJECT TO CLARIFICATION OF ADDRESS (4596 OR 4598 SOUTH FEDER AL BOULEVARD). Ayes: Heinle, Styes. Nays: Lunders. • I • • - • Englewood Liquo r Licensing Au thority May 29, 1985 Page 3 • • • Absent: McLaughlin, Patterson. The Chair declared the motion carried. LUNDERS MOVED, HEINLE SECONDED A MOTION TO CLOSE THE PUBLIC HEARING. Ayes: Heinle, Lunders, Styes. Nays: None. Absent: McLaughlin, Patterson. The Chair declared the motion carried. • • • • LUNDERS MOVED, HEINLE SECONDED A MOTION TO APPROVE THE RENEWAL APPLICATION FOR A TAVERN LICENSE FOR KEN'S LOUNGE, 2893 SOUTH BROADWAY CONDITIONAL ON THE RESULTS OF THE FINAL INSPECTION BY THE BUILDING DIVISION AND TRI-COUNTY HEALTH DEPARTMENT; AND SUBJECT TO REOPENING THE AUTHORITY MUST RECEIVE A NOTICE THAT THE BUILDING IS UP TO CODE AND A COPY OF THE FLOOR PLAN FOR THEIR REVIEW. Ayes: Heinle, Lunders, Styes. Nays: None. Absent : McLaughl i n, Patterson. The Ch ai r decl a red the motion carr i ed. • • • • LUNDERS MOVED , HEI NLE SECO NDED A MOTION TO APPROVE THE RE NEWAL APPLICATION FOR A 3.2 BEER LICENSE FOR SPORT BOWL, 3295 SOUTH BROADWAY. Ayes: Heinle , Lunders , Styes. Nays : None . Absent: McLaughlin, Patterson. The Chair declared the motion carried . • * • • I • • ( Englewood Liquor Licensing Authority May 29, 1985 Page 4 • • • LUNDERS MOVED, HEINLE SECONDED A MOTION TO APPROVE THE RENEWAL APPLICATION FOR A 3.2 BEER LICENSE FOR 7-11 STORE, 3501 SOUTH LOGAN STREET CONDITIONAL ON THE RESULTS OF 7-11'S APPEAL TO THE FEDERAL COURTS. . Ayes: Heinle, Lunders, S~yes. Nays: None. Absent: McLaughlin, Patterson. The Chair declared the motion carried. * * * * Mr. Grimm presented a report from the sales tax auditing division of the Finance Department concerning Casual Lounge. LUNDERS MOVED, HEINLE SECONDED A MOTION TO TABLE ANY ACTION AGAINST CASUAL LOUNGE. Ayes: Heinle, Lunders, Styes. Nays: None. Absent: McLaughlin, Patterson. The Chair declared the motion carried. * * * * LUNDERS MOVED, HEINLE SECONDED A MOTION TO ADJOURN THE MEETING. Ayes: Heinle, Lunders, Styes. Nays: None. Absent: McLaughlin, Patterson. The Chair declared the motion carried and adjourned the meeting at 10:00 p.m. I> I . - ( • • • • ENGLEWOOD L I QUOR L ICE NS E AUT HO RI T Y MINUTES June 5, 1985 The meet i ng was called to order at 7:30 p.m. PRESENT: He i nle, Lunders, McLaughlin, Styes. ABSENT: Patterson. The Cha i r decl a red a quorum present . * * * * Mr. Grimm presented a report from the Police Department concern i ng an incident at Hi lda's Cafe, 4386 South Broadway, on Ma y 8, 1985 for violat i on of the Liquor Code. MCLAUGHLIN MOVED, HEINLE SECONDED A MOTION TO HOLD A SHOW CAUSE HEARING FOR HILDA'S CAFE IN THE EPISODE OF TH E BARTENDER BEING INTOX LCATED AND LEAVING THE PREMISES: HEAR I NG TO BE HELD ON JULY 24, 1985, AT 7:30 P.M. Ayes: He i nle, Lunders, McLaughlin, S t yes. Nays: None. Absen t : P a tterson. The Cha ir decla r ed t he mo ti on c ar r i ed . * * * * The Authority d iscussed the s al es tax matter and Casual Lounge. Mr. Grimm was to write a lette r of c o ncern on behalf of the Authority noting awareness o f the short check, how it could reflect on the net outcome of a license r e newal, and if the owner had extenuating circumstances he woul d li k e to bring before the Authority to please let them know. * * * * Chairman Styes discussed a c o mplaint brought to his attention concerning the 7-11 Store at 3900 South Broadway. Mr . Styes stated the complaint was that clerks were selling to kids and not checking ID's. Mr. Styes suggested and the other membets concurred sending a letter of warning to 7-ll's top management official in Colorado concerning this complaint and requesting a response. * * * * • I • • - ( c • ,. Englewood Liquor Licensing Authority June 5, 1985 Page 2 • • • MCLAUGHLIN MOVED, LUNDERS SECONDED A MOTION TO CONTINUE THE HEARING ON JOSE CORRAL DBA EL TEPEHAUN RESTAURANT AND STEAK HOUSE, 3457 SOUTH BROADWAY TO WEDNESDAY, JDLY 31, 1985, AT 7:30 P.M. Ayes: Heinle, Lunders, .McLaughlin, Styes. Nays: None. Absent: Patterson. The Cha i r declared the motion carried. • • • • There being no further bus i ness to discuss, Cha i rman Styes adjourned the meeting at 9:20 p.m. I • ( • • • • MINUTES Englewood Public Library Advisory Board July 9, 1985 The regular meeting of the Library Advisory Board was called to order at 7:30 p.m. by Chairman Jerry Valdes . PRESENT : Jerry Valdes, Lois Sterling, Debbie Dix , John Peterson Al Quaintance (left at 7:55p.m.), Gerald Sampson, Kay Van Valkenburg, Dorothy Wheelehan REGRETS : Bruce Hogue Sharon Winkle, Library Director ALSO PRESENT: Donna Gottberg, Recording Secretary Roll call was taken and a quorum declared present. There were no scheduled visitors or unscheduled visitors. Chairman's Report ~lr. Valdes noted that the security system demonstration was scheduled to be held at 6:00p.m. at the Library, on July 12. All Board members were invited to attend. Members' Choice ~1r. Quaintance informed the Board, in brief detail, of his trip to the American Library Association (ALA) Conference. A further report will be forthcoming at the August meet i ng. Mr. Quaintance further noted that we, as a Library Advisory Board, would be better off to be separate from meetings which include Trustees, these titles not being synonymous. Mr. Quaintance left the meeting at 7:55p.m., leaving literature from the Convention to be distributed to those interested. There was brief discussion regarding the financial condition of the City that was mentioned in the newspaper. The Board would like a current progress report on the Downtown Development Project. The Board asked for figures, next month, regarding their member ships in certain organizations . If the money spent for membership s does not bring worthwhile information for the Board, they will not take up membership next year, thu s saving funds for other City uses. Ms. ll'h eelehan suggested that if any members attend the Colorado Library Association (CLA) Conference in October, we voice our opinion to speakers, etc. regarding the difference between a Library Advisory Board and Trustees. She further suggested that some members plan to go to the Conference at their own expense and not have the Board fund t heir trip. Committee Reports Mr. Valdes reported that he and ~1r. Hogue and Mr. Peterson are working on the Job Description for Board Members . The earlier meeting tonight was very helpful in this committee 's accumulation of i nformation. continued ..... • I • • ...... ( • • • .. -2- Mr. Valdes reported that he and Ms. Winkle are working on a letter of information a nd a list of clubs and organizations for the Rememberan c e Fund. Ms. Dix volunteered to help on this committee. There will be further discussion on Job Description and Board member s ' duties at the September meeting. There was a brief discussion regarding the Statistical Report for June 1985. The Board, as a whole, felt the decrease in circulation was due, mainly, to the traffic pattern around the Library during the Downtown Development construcion . 85-16 MOTION: That the Minutes from the June 11, 1985 Meeting be approved as presented . Moved by: Dorothy Wheelehan • Seconded by : Gerald Sampson Motion carried. Meeting adjourned at 8 :05p.m. 7-22-85 dg • I • • • ORDINA!CE 00. SERIES OF 1985 • • • BY AlJI'HORITY COUOCIL BILL 00. 27 INTRODUCED BY CCXJOCIL MEMBER BRADSHAW AN ORDINA!CE AMENDING TITLE X:V, CHAPI'ER 5, ENGLflolOOD MUNICIPAL CODE AS ENACTED NOVEMBER 21, 1983, REXi!UIDING ENGLflolOOD'S LEGAL AlJI'HORITY TO IMPLF21ENT AND OPERATE A PRETRFA'IMmi'/INDUSTRIAL WASTE CONTROL PROGRAM, PURSUANT TO THE EPA'S CITIES' INDUSTRIAL WASTE PRETRFAT- MENT PROGRAM, CORREX::TING AND CLARIFYING FORMULAS, AND OTHER ADDITIONS REQUIRED BY THE EPA. WHEREAS, Metropolitan Denver Sewage Disposal District No. 1 has reviewed the City of Englewood's authority to Unplement and operate a pretreatment/industr ial waste control program as it appears in Title m, Chapter 5, Englewood MUnicipal Code '69, as amenderl ; and WHEREAS, Metropolitan Denver Sewage Disposal District No. 1 has determinerl it has insufficient legal authority under Chapter 5 of Title XV, E.M.C., in severa l areas to protect itself and has requesterl several amendments thereto; ~' 'lliEREFORE, BE IT ORDAINED BY THE CITY COUOCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLa-JS: Section 1. City Council hereby approves the following amendments: 15-5-1 : GENERAL PROVISIONS (c) De f ini t i ons/Abbreviations METRO DISTRIC T. THE METROPOLITAN DENVER SEWAGE DISPOSAL DISTRICT 00. 1 , A POLIT ICAL SUBDIVISION OF THE STATE OF COLORADO. Pub licly--o.merl Treatment Works (PO'IW) • 'n1e wastewater system ownerl by the Ci ty OR THE METRO DI STR ICT. Th i s definition includes any sewer that conveys wastewater t o the PO'lW treatment plants , except private sewers. For the purposes of this Chapter, POTW shall also include any sewers that c onvey was t ewater to the POTW from persons outside the POTW boundaries who are by contract or agreement with the POTW actually users o f the POTW. 1 • 9 D I • • • • • - Significant Industrial User . Any industrial user of the City's wastewater treatment systan whose flow (a) exceeds twenty-five thousand (25,000) gallons per day, or (b) exceeds five percent (5%) of the daily capacity of the treatment systan, (c) is subject to a surcharge for excessive BOD, COD and/or TSS as provided for in this Chapter, (d) has toxic material in its waste stream in toxic amounts as defined in standards issued under section 307(a) of the Act, or (e) is detennined by the Director, THE METRO DISTRICT, THE COLORADO DEPAR'IMENI' OF HEALTH OR THE U.S. ENVIRCH1ENI'AL PROTECI'ION AGENCY, to have significant impact, either singly or in combination with other contributing industries, on the treatment works such that the quality of the effluent, or sludges, fran the treatment works deviates fran the requiranents set forth in the NPOES Pennit issued to the City, OR THE METRO DISTRICT, or such that interference with the treatment process or facilities would result. Significant Violator. A person who remains in non- canpliance with conditions of this Chapter forty-five (45) days after notification of such noncompliance and Which is part of a pattern of noncanpliance over a twelvEH"OOnth period, or Which involves a failure to accurately report noncanpliance, OR WHICH RESULTED IN THE PO'lW HAVING TO EXERCISE ITS EMERGENCY AUTHORITY TO HALT OR PREVENI' THE INDUSTRY'S DISCHARGE OF POLLlJl'Am'S. THE CITY SHALL ANNUALLY PUBLISH IN THE ENGLEWOOD SENI'INEL NEWSPAPER A LIST OF THE USERS WHICH WERE NOT IN CCMPLIANCE WITH ANY PRETREA'IMENI' REQUIREMENI'S OR STANDARDS AT LEAST ONCE DURING THE TWELVE (12) PREVIOUS MONI'HS. THE NOTIFICATION SHALL ALSO Sr.M!ARIZE ANY ENFORCEMENI' ACTIONS TAKEN AGAINST USERS DURING THE SAME 'IWELVE (12) MOm'HS. 15-5-2: GENERAL REGULATIONS (I) Accidental Discharges Each user shall provide protection fran accidental dis- charge of prohibited materials or other substances regulated herein. Faci lities to prevent accidental discharge of prohibited materials shall be provided and maintained at the user's own cost and expense . In the case of an accidental discharge, it is the responsibility of the user to Unmed iately notify the Director of Utilities and the PO'lW of the incident . IF THE DISCHARGE OCCURS TO THE PORTION OF THE PO'lW WH IC H ULTIMATELY DISCHARGES TO THE METRO TREA'IMENI' PLAN!', METRO MUST ALSO BE OOTIFIED IlfliDIATELY. 1he notification shall incl ude location of the discharge , type of waste , concentration, volume , and corrective actions. Within five (5) days following an accidental discharge , the user shall subnit to the DU a detailed written report describing the cause of the 2 • 1 I • • r • • • • • discharge and the measures to be taken by the user to prevent similar future expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to persons or property, and such user shall be liable therefor, nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this Ordinance or other applicable law. Failure to report accidental discharges may, in addition to any other ranedies, result in the revocation of the discharger's wastewater discharge permit. If the POTW is fined by the State or Federal goverrments for violation of the POTW's NPDES Permit or violation of Water Quality Standards as the result of a spill or intentional slug discharge of a toxic pollutant, then the fine, including all POTW legal, sampling, analytical testing costs and any other related costs shall be charged to the responsible user. OOI'ICE '00 EMPLOYEES. A NOTICE SHALL BE PERMANENTLY POSTED ON THE USER'S BULLETIN BCWW OR OTHER PR<J1INENT PLACE ADVISING EMPLOYEES WH<I1 TO CALL IN THE EVEN!' OF AN ACCIDEm'AL DISCHARGE. EMPLOYERS SHALL INSURE THAT ALL EMPLOYEES WHO MAY CAUSE OR SUFFER SUCH AN l\CCIDEm'AL DISCHARGE TO OCCUR ARE ADVISED OF THE EMERGEICY NOTIFICATION PROCEDURE. 15-5-2: (c) Specific Prohibitions (1) (C) Any wastewater having a pH less than 5.0 or more than 9.0 unless the POTW is specifically designed to accommodate any such wastewater, or wastewater having any other corrosive property capable of causing damage or hazard to struc- tures, equipnent, and/or personnel of the PO'IW. ( 4) ~ Qi,Eeet:eli ei ~~libes., wi-~ ~ ~Yai ~ Qi,lieet:eli ei WasloewaEeli ~~~.,-y !HR~ a YaEiaAee ili9111 ~ plieYi-&i-eR& ei ~i-s Qta~li t;e ~&e fiieli&&RS appl-y~~ EeE S\19R a YaEi-aRee i-A aeee~aRee wi-~ ~ lilli-e& aRii EeJ\ii-ab&R& pw&i-~sl:leQ 9y l;l:ie Qi,Eeet:eli&• ll<tlii-aRee& llliiY lie e&A&ieeliee \IAiieE ~ E&Uewi-~ ei-HII'II&~aRee&• (A) QRp±iaRee ~~1:1 ~l:le pEel:li8i,~ 84-sel:la~ pEeYiSiEIAS we~iW ~ aR liA!ilie Ra~&Rifj 9R ~ peli&eR aisel:la1i4Ji~ Wit&t:es w ~ ~t (B) Aeeepl;aRe& ef ~ aisel:la~ 89e& R9~ aSYeli&e*Y aUee~ ~ PQ!iWT 3 • I • • - • • • • • (g) PO'IW' s Right of IEvision N9 -&Aall .l-Re~;ease ~ liSe ~ ~ WiNie~; e5T Ml iiRY loiaYT ~pi; W tH,~t;e iii 94,seka~ a& iii J!liill!~ H ea~~p;I.et;e SI:IB&Hl:Yt;e iH ~t;e Ueiilt;- I'IIBM te ael:l~ ~HRee wi-t;R iiRY ~~ Hfilsal:MA&. THE CITY RESERVES THE RIGiT TO ESTABLISH BY ORDINAICE I«>RE STRINGENI' LIMITATIONS OR RD;JUIREMENI'S ON DIS- CHARGES TO THE PCYIW IF DEEMED NB:ESSARY TO CCHPLY WITH THE OOJECriVES PRESENI'ED IN Sa::TION 15-5-1 B OF THIS ORDINAICE. (p) LIMITS ON METRO DISTRICT AUTHORITY. ANY AUTHORITY OR RIGiTS ~ TO METRO DISTRICT BY THIS ORDINAICE SHALL ONLY APPLY TO THOOE ARFAS OF THE Eta.i'l'JOOD Si'l'JER SERVICE ARFA RB::EIVING Si'l'JER SERVICE FRCH METRO DISTRICT. 15-5-3: FEES AND CHARGES (d) If any water or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Subsection 15-5-2(b) above and, in the judgment of the Director of Utilities, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Director shall also charge the following fees: Require payment to cover the added cost of handling and treating the wastes considered as "Industrial wastes," by imposing the following fonnula: OC = (11,XB. 34 [UCo (AOD) + UCs (SS 300)) • OC = surcharge in dollars and cents. peJ; -lsfl (11 = volume of sewage in million gallons per year discharged to the public sewer. 8.34 =conversion factor; one gallon of water to pounds. UCo = unit charge for AOD (additional oxygen dEmand) in dollars per pound. (i) unit charge for BOO: $.0133. 4 • l J I • • • • • • (ii) if COD is less than 3.0, then AOO=(B005-200 mg/L) MDs if COD is greater than 3.0, then AOO=(COD-SOO mg/L) BODS COO = chemical oxygen demand strength index in milligrams per liter (SOO milligrams per liter or over) • BODS = five day biochemical oxygen demand strength index in milligrams per liter (200 milligrams per liter or over) • OCs unit charge for SS in dollars per pound. SS = suspended solids strength index in milligrams per liter (300 milligrams per liter or over). Unit charge for SS: $.0324 . 200 =normal BODS strength in milligrams per liter. ;!QQ 300 =normal SS strength in milligrams per liter. 4QQ SOO =normal COO strength in milligrams per liter. The application of the above formula provides for a surcharge for BOO , COD and for ss. If the strength index of BOD, COD or SS is less than the base mJnber that is being subtracted fran it , then there shall be no surcharge for that particular category, nor shall there be a credit given to the total surcharge. lS-S-S: INDUSTRIAL WAS'I'DJATER DISCHARGE PERMITS (a) (2) (C) The proposed discharge would not result in a violation by the City OR THE METRO DISTRICT of the terms arxl corxlitions '* IN its NPDES Permit. (a) (3) Permit Den ial and Appeal (A) In tt~ event an application for a wastewater discP~rge permit is denied, the Director of Utilities shall notify the applicant in writing of such denial. Such notification shall state the grourxls for denial with that degree of specificity loklich will inform the applicant <F THE MEASURES OR JICTIONS WHICH Mt.ET BE TAKEN BY THE APPLICANT prior to issuance of a permit. s • I • • • • • (c) I ooustrial Permits (1) (A) wastewater ~antity arrl ~ality. ~lity characteristics include, but are not limited to, those mentioned in Section 15-5-7 of this Cllapter as determined by a reliable analytical laboratory; sampling arrl analysis shall be performed in accordance with procedures established by the EPA pursuant to section ~At 304 (g) of the Act aoo contained in 40 CFR, part 136, as amended. (d) Monitoring Facilities . (1) 'llle iooustrial user shall provide arrl operate, at its expense, monitoring equipnent aoo facilities sufficient to allow inspection, sampling arrl flow rneasuranents of the PEi-Ya6e BUILDING sewer AND/or internal drainage systans. aRii ee8M4-Aa4;e& wKR ~4-*94-~ 8£34-R sys~sy The monitoring facility should normally be situated on the iooustrial user's pranises, but the City may, when such a location would be impractical or cause urrlue hardship on the iooustrial user, allow the facility to be constructed in the public street or sidewalk area aoo located so that it will not be obstructed by larrlscaping or parked vehicles . The facility should be capped with watertight lid am that facility shall not be located in street or gutter. (6) ANY USER HAS THE OPTION TO cotll'RACT WITH THE CITY OR ANY PRIVATE ENI'ITY TO PROVIDE SlCH SERVICES AS DEEMID NEX:ESSARY, IOCLUDING, B(Jl' NOT NEX:ESSARILY LIMITED TO, THE FOu..cMING: 1) MONITORING FACILITIES 2) INSPFX:TION AND SAMPLING 3) lABORATORY ANALYSIS. #t Inspection (e) (1) 'llle Director of Utilities, eE his representatives, OR REPRESENI'ATIVES OF THE METRO DISTRICT may inspect the equipment aoo facilities of any user at any time during normal business hours to ascertain Whether the applicable ordinances , rules aoo regulations are being canplied with . Persons or occupants of pran ises where wastewater is created or discharged shall allow the Director of Utilities or his representatives , OR REPRESENTATIVES <F THE 6 • ""' I I • - • r • ~r (f) fAr (g) • • • METRO DISTRICT, ready access at all reasonable times to all parts of the pranises for the purpose of inspection, sampling, records examination, or the perfocnance of other duties. 'Ihe roiW, METRO DISTRICT, State and EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. ~ere a user has security measures in force ..tlich would require proper identification and clearance before entry into their pranises, the user shall make necessary arrangenents with their security guards so that upon presentation of suitable identification, personnel fran the PO'IW, METRO DISTRICT, State, and EPA will be pecnitted to enter, without delay, for the purposes of perfocning their specific responsibilities. Failure to Pecnit Inspection (lettering change only) Sampling AU MeaS-~-r tie&Y-r aAii -*~ ei ~ ekanew~;isl:ies ei w;Ke~; aAii wa&W& S9 wl:liel:l a:eielfeRee is !Miie ReftH,R &AaU lie ~iRed ~ aaeeli6aRee wii:R !!.~aR8ali6 ~s!!... JA ~ e¥eRI: I:Aal: R8 spee4-a* iaeUi~y l:las 8eeR Hlfli4.~y tiM p&iR~ H Hwipee~ieR &RaU lie -~ 4i8 8e ~ a-- "-FAaRRe~ ~ tiM pw8l-4-e ~ Rear;esl: w ~ p&iR~ a4; wl:liel:l ~ 8wi-W4-R! sewer; is eeRRee~ S9 ~ pw&Ue &eWeh AU. ANALYSES SHALL BE PERFORMED IN l\O:ORDIUCE WITH PROCEDURES ESTABLISHED BY THE ADUNISTRATOR l'URStWn' 'ro SEX::TION 304 (g) OF 'mE ACT Am CONI'AINED IN 40 CFR, PART 136, AM:> AMENI:l'IENTS THERETO, OR WITH ANY OTHER TEST PROCEDURS APPROVED BY THE MMINISTRA'roR. SAMPLING SHALL BE PERFORMED IN .AO.:ORDMCE WITH THE TOCHNIQUES APPROVED BY THE ADMINISTRA'roR. 7 • I • • • • • • - +4~ COnfidential Infocnation Provisions (h) (1) Infocnation and data on an industrial user obtained from reports, questionnaires, pecnit applications, pecnits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the Director of Utilities that the release of such infocnation would divulge infocnation, processes or methods of production entitled to protection as trade secrets of such user. ~n requested by such user furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to goverrmental agencies for uses related hereto, the NPDES pecnit, and/or the pretreatment requirements; provided, ho10ever, that such portions of a report shall be available for use by the State or any State agency in judicial review or enforcement proceedings involving the user furnishing the report. WAS'nWATER CONSTITUEm'S AND CHARACTERISTICS WILL NOT BE ROCOGNIZED AS CONFIDEm'IAL INFORMATION. Infocnation accepted by the City as confidential shall not be transmitted to any goverrmental agency ~ Wte ~'I EXCEPI'ING THE METRO DISTRICT 1 OR TO THE GENERAL I'UBLIC until and unless a ten (10) day written notification is given to the user by certified mail or personal service. (2) ALL REX:ORDS RElATING TO CXl'IPLIA~E WITH PRETRFA'I'MEm' STANDARDS SHALL BE MADE AVAILABLE TO OFFICIALS CF THE METRO DISTRICT 1 EPA, OR THE APPROVAL AUTHORITY Ul'ON REQUEST. ~+-Ally ijser< Aali ~ .4-eR ~ &eR_,r<ae_, ~ SAe (;l.-.y 9l< iiR'f pr<~Ya~ E!R.,~ .. .,. ~ pr<eYiee liliEJR sew~ as s-eB Reeeii&ar<y.,. 4,Re:j,Yii~R'J.,. &w.. RM Reeessa~;Uy H:RI~Ee8 w.,. .,Re ieU&~R'J• ~ HeR~ee~;~R'J Fae~:j,~e4,es •t iflspee.,i-eR aRii iialllp:j,4,R'J ~ ba99Eaw~;y AAa:j,y&~s .. 8 • l I • ( I I I • • • - ~~ Delegation of Authority (i) THE METRO DISTRICT SHALL HAVE FULL AUTHORITY TO ICr AND PERFORM SOCH FUOCTIONS AS ARE PROVIDED FOR IN ARTICLE IV OF THE SPEX:IAL CONNEX:TOR AGRE~ENT BE'IWEEN THE CITY AND THE METRO DISTRICT. (j) REPORTING R~IR~ENTS FOR INDUSTRIAL USERS (1) OOTIFICATION ~I~ENTS. 'llfE DIREX:TOR OF UTILITIES SHALL NOTIFY ALL AFFEX:TED INDUSTRIAL USERS OF THE APPLICABLE REPORTING ~I~ENTS UNDER 40 CFR, SEX:TION 403 .12 OF THE FEDERAL GENERAL PRETREA'IMENI' REGJLATIONS FOR EXISTING AND NEW SOURCES. (2) BASELINE REPORT. WITHIN NINETY (90) 01'\YS AFTER THE EFFEx:::TIVE 01'\TE OF THE PRETREA'IMENI' ORDINAtCE OF lliE CITY OF ~EWOOD, COLORADO, (ORDINAN:E NO. 54, SERIES OF 1983), ALL EXISTING SIGNIFICANT INDUS- TRIAL USERS ARE R~IRED TO SUBMIT A REPORT WHICH CONTAINS THE INFORMATION LISTED IN PARAGRAPHS (b) (1)-(7) OF SEx:::TION 403.12 OF THE FEDERAL GENERAL PRETRFA'IMENT REGJLATIONS FOR EXISTING AND N&1 SOURCES. NEW SIGNIFICANT INDUSTRIAL USERS ARE ~IRED TO SUBMIT TO THE CITY A REPORT WHICH CONTAINS THE INFORMATION LISTED IN PARAGRAPHS (b) (1)-(5) OF SEX:TION 403.12 OF THE FEDERAL GENERAL PRETRFA'IMENT REGJLATIONS FOR EXISTING AND N&1 SOURCES. (3) WITHIN NINETY (90) 01'\YS FO~ING THE 01'\TE FOR FINAL C<MPLIAtCE WITH APPLICABLE PRETREA'IMENT STANOI'\ROO OR, IN THE CASE OF A N&1 SOURCE, FO~ING CCMMEN::~ENT OF THE INTRODOCTION OF WASTEWATER INTO THE I?O'IW, ANY USER SUBJEX:T TO PRETREA'IMENI' STAN!lo\ROO AND ~I~ENTS SHALL SUBMIT TO THE DIREX:TOR OF UTILITIES A REPORT INDICATING THE NATURE AND CON:ENTRATION OF ALL POLLUTANTS IN THE DISCHARGE FRCM THE REGJLATED PROCESSES WHICH ARE LIMITED BY PRETRFA'IMENI' STANOI'\RDS AND ~IR~ENTS, AND THE AVERAGE AND MAXIM(J'o! 01'\ILY FLCM FOR THOSE PROCESS UNITS IN THE USER'S FACILITY WHICH ARE LIMITED BY SOCH PRE- TRFA'IMENI' STANOI'\RDS OR ~I~ENTS. THE REPORT SHALL STATE WHETHER THE APPLICABLE PRETRFA'IMENT STANOI'\ROO OR ~IR~ENTS ARE BEING MET ON A CONSISTENT BASIS AND, IF NOT, WHAT AOOITIONAL O&M AND/OR PRETRFA'IMENT IS NEx:::ESSARY TO BRING THE USER INTO C<MPLIAN:E WITH THE APPLICABLE PRETREA'IMENT 9 • I • • • • • • STANI:JP.ROO OR ~IREMENI'S. '!HIS STATEMENI' SHALL BE SIQIED BY AN AUTHORIZED REPRESENI'ATIVE OF THE INDUSTRIAL USER MD CERTIFIED TO BY A QUALIFIED PROFESSIONAL. ( 4) PERIODIC CCMPLIAOCE REPORTS a) ANY USER SUBJEX::T TO A PRETRFA'IMENl' STA~RD, AFTER THE CCMPLIAOCE !l.&.TE OF SOCH PRETREA'IMENI' STA.NDr\RO, OR, IN THE CASE OF A ~ SOURCE, AFTER CXJoi1EOCEMENI' OF THE DISCHARGE INTO THE POOW, SHALL SUBMIT TO THE DIRECI'OR OF UTILITIES DURING THE MOm'HS OF JUNE At«> DOCEMBER, UNLESS ~IRED ~RE F~ENTLY IN THE PRETRFA'IMENI' STAN!l.&.RQ OR BY THE DIRECI'OR OF UTILITIES, A REPORT COVERING THE E'ROCEDING SIX (6) 11)NI'HS AND INDICATING THE NATURE AND COtCENI'RATION OF I'OLLUTANTS IN THE EFFLUENT WHICH ARE LIMITED BY SOCH PRETRFA'IMENI' S'I'AMliUIDS. IN ADDITION, '!HIS REPORT SHALL INCLUDE A ROCORO OF AVERAGE AKl MAXIMlM !l.&.ILY FLC:MS FOR THE REPORTING PERIOD FOR ALL RmJLATED PROCESSES. AT THE DISCRETION OF THE DIROCTOR OF UTILITIES AND IN CONSIDERA- TION OF SOCH FACTORS AS LOCAL HIGi OR LCAo1 FLCAo1 RATES, HOLI!l.&.YS, B!XlGET CYCLES, E'IC., THE DIRECTOR OF UTILITIES MAY AGREE TO ALTER THE ~NTHS DURING WHICH THE ABOVE REPORTS ARE TO BE SUBMITTED. b) THE DIROCTOR OF UTILITIES MAY IMI'OSE MASS LIMITATIONS ON USERS WHICH ARE USING DILUTION TO MEET APPLICABLE PRETRFA'IMENI' STANmROO OR ~IREMENI'S, OR IN C1rHER CASES WHERE THE IMI'OSITION OF MASS LIMITATIONS ARE APPROPRIATE. IN SOCH CASES, THE REPORT ~IRED BY SUB- PARAGRAPH a) OF THIS PARAGRAPH SHALL INDICATE THE MASS OF I'OLLUTANTS RmJLATED BY PRETRFAT- MENT STANmROO IN THE EFFLUENT OF THE USER. THESE REPORTS SHALL CONTAIN THE RESULTS OF SAMPLING AND ANALYSIS OF THE DISCHARGE, IOCLUDING THE FUM AND THE NATURE AND COtCEN- TRATION, OR PR()[)OCTION AND MASS WHERE ~ESTEO BY THE DIROCTOR OF UTILITIES OF I'OLLUTANTS CONTAINED THEREIN WHICH ARE LIMITED BY THE APPLICABLE PRETREA1MEN1' STAND!\RDS. ALL ANALYSES SHALL BE PERFORMED IN .IIO::OR!l.&.OCE WITH PROCEDURES ESTABLISHED BY THE AI>IINISTRATOR PURSUANT TO SOCTION 304 (g) OF THE ACr AND CON- TAINED IN 40 CFR, PART 136 AND liMENI:MENTS 10 • l I • • • • • • THERETO OR WITH ANY OTHER TEST PROCEDURFS APPROVED BY THE ADMINISTRATOR. SAMPLING SHALL BE PERFORMED IN ACCORDAOCE WITH THE TIDiNIQUES APPROVED BY THE ADMINISTRATOR. 15-5-6: ENFORCEMENT AND PENALTIFS (d) SUspension of Service 15-5-7 : The City may suspend the wastewater treatment service and/or a wastewater Discharge Permit when such suspension is necessary, in the opinion of the Director of Utilities and/or Director of wastewater Treatment in order to stop an actual or threatened discharge which presents or may present an Unminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the POTW, or causes the POTW OR THE METRO DISTRICT to violate any condition of its NPDFS Permit. Any person notified of suspension of the wastewater threatment service and/or the wastewater discharge permit shall Unnediately stop or elbninate the discharge. In the event of a failure of the user to comply voluntarily with the suspension order, the Director of Utilities may take such steps as deemed necessary, including Unnediate severance of the sewer connection, to prevent or minimize damage to the POTW or endangerment to any individuals. The Director of Utilities shall reinstate the wastewater discharge permit and/or the wastewater treatment service upon proof of the elbnination of the noncanplying discharge. The user shall pay all POTW costs and expenses for any such suspension and restoration of service. A detailed written statanent subnitted by the user describing the causes of the harmful contributiion and the measures taken to prevent any future occurrence shall be submitted to the Director of Utilities within fifteen (15) days of the date of occurrence. LIMITATIONS ON DISCHARGE (A) Pollutant or Pollutant Property Maxbnum Concentration, mg/1 Grab Sample Composite Sample Olanical Oxygen Danand (COD) pH , minbnum maxbnum ll • oh§ 5.0 9.0 ~ 500 I • • - • • • • Introduced, read in full, and passed on first reading on the 15th day of July, 1985. Published as a Bill for an ordinance on the 17th day of July, 1985. Read by title and passed on final reading on the 5th day of August, 1985. Published by title as ordinance No. , Series of 1985, on the 7th day of August, 1985. -- Attest: &Jgene L. 0t1s, Mayor ex off1c1o C1ty Clerk-Treasurer I, Gary R. Higbee, ex offic i o City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the ordinance passed on final reading and published by title as ordinance No. __ , Series of 1985. Gary R. H1gbee 12 • I I I • • • ORDINAN:E oo.11- SERIES OF 198-5- • • • BY AUTHORITY COUN:::IL BILL 00. 51 Im'R<X>U::ED BY COUOCIL MEMBER Bil>O AN ORDINAN:E APPROVING SUPPLEl'iENI' 00. 106 TO SOUTHGATE SANITATION DISTRICT'S AGREEMENI' WITH THE CITY OF ENGL&lOOD TO INCLIDE AOOITIONAL I.Atm WITHIN THEIR DISTRICT BOUNDt\lUES, CXlNSISTING OF APPROXIMATELY 10.4 ACRES, IN AN R-2.5 ZONE DISTRICT. WHEREAS, Southgate Sanitation District desires to include an additional area of approxUnately 10.4 acres within their District boundaries; and WHEREAS, subject property is zoned R-2.5 and will be used for four custom residential building sites; and WHEREAS, inclusion of this additional land does not increase the tap allocation to the Southgate Sanitation District; and WHEREAS, it is necessary for said District to amend its agreement with the City to include this additional land; ~, THEREFORE, BE IT ORL\1\INED BY THE CITY COllOCIL OF THE CITY OF ENG..El-1000, COLORADO: Section 1. '!bat City Council hereby approves the agreenent entitled "&Jpplanent No. 106 to Connector's .Agreement" between the City of Englewood and Southgate Sanitation District, a copy of which agreement is incorporated herein by reference. Section 2. '!hat City Council hereby authorizes the Mayor and ex off1c1o C1ty Clerk-Treasurer to sign and attest said agreenent for and on behalf of the City Council and the City of Englewood. Introduced, read in full, and passed on first read i ng on the 15th day of July, 1985. Published as a Bill for an Ordinance on the 17th day of July, 1985. Read by title and passed on final reading on the 5th day of August, 1985. • I • - • • • • Published by title as Ordinance No. __ , the 7th day of August, 1985. Series of 1985, on l\ttest: &lgene L. Otls, Mayor ex off1c1o C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of nlglewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the Ordinance passed on final reading and published by title as Ordinance No. __ , Series of 1985. Gary R. Higbee • l I . - • • • • • SUPPLEMENT NO. ~TO CONNECTOR'S AGREEMENT THIS AGREEMENT, made and entered into by and between the CITY OF ENGLEWOOD, acting by and through its duly authorized Mayor and City Clerk, hereinafter referred to as "City, • and SOUTHGATE SANITATION DISTRICT, Arapahoe and Douglas Counties, Colorado, hereinafter referred to aa "District,• NITNESSETH1 WHEREAS, on the 20th day of June, A.D. 1961, the City entered into a Connector's Agreement with the District concerning the connection of the District sewer collection facilities to the City'• sewage system, which Connector's Agreement was modified and amended by agreement dated the 4th day of April, 1966 1 and WHEREAS, said agreement and modification thereof provided that additional service areao could be included within the limits of the District with the written consent of the City; NOW, THEREFORE, in consideration of the premises and of the •utual covenants of the parties hereto, it is agreed as follows: 1. The City does hereby consent to the inclusion of the additional area, situate in the County of Arapahoe, State of Colorado, described as follows, to wit: Property Owner: Property Description: Sanford Homes, Inc. As more fully described in Exh ibit A attached hereto and incorporated herein by reference .• into Southgate Sanitation District, and agrees that sa1d additional area may be served with the sewer facilitie s of the District, and that the City will treat the sewage discharged into the City's trunk line from said addi tional area, all in accordance with the Connector's Agreement dated June 20, 1961, and the modification thereof dated the 4th day of Apr1 l, 1966, between the City and the District. According ly, ExhibH A re ferred to in paragraph 1 of the Modification to the Connector's • I • - • • • • • Agreement dated the 4th day of April, 1966, is hereby amended to include the additional area as set forth hereinabove. 2. Each and every other provision of the Modification to the Connector's Agreement dated the 4th day of April, 1966, shall remain unchanged. IN WITNESS WHEREOF, the parties have cauaed their names and seals to be hereunto subscribed and affixed this ____ day of -----------------' 198 __ ATTEST: CITY CLERK (SEAL) ATTEST: SECRETARY (SEAL) MAYOR SOUTHGATE SANITATION DISTRICT ARAPAHOE AND DOUGLAS COUNTIES, COLORADO By ~P~RE~S~I~D~E~N=T~--------------------- • I • • - • • • • • EXHIBIT A Beginning at a point on the extended East line of Lot 247, South Denver Gardens, which is 15. 0 feet North of the Northeast corner of the said Lot 247, and which is on the center line of the former Williamette Avenue, now vacated, thence South along the East and projected East line of the said Lot 247 and of the adjacent Lot 248, a distance of 658.38 feet to the center line of the former Price or Prince Avenue, now vacated. Thence Westerly parallel to and 15.0 feet South of the South line of Lots 248 and 246, South Denver Gardens, 645.0 feet~ thence North parallel to the East line of said Lot 248, a distance of 329.16 feet, more or less to the extended North line of the said Lot 248~ thence West 25.0 feet; thence North 329.16 feet, more or less, to the center line of the former Williamette Avenue, now vacated; thence along said center line Easterly 670 feet, more or less, to the point of beginning, County of Arapahoe, State of Colorado. Together with the West 30 feet of vacated Colorado Boulevard adjoining subject property by vacation ordinance recorded March 28, 1956 in Book 960 at Page 209. • I • • r ! • OROINMCE 00~ SERIES OF 1985 • • • BY AlJI'HORITY 9 G COUNCIL BILL NO. 52 IN'l'R()[)OCFD BY COUOCIL lm1BER BRADSHAW AN OROIIWCE APPROIJING A BUS SHELTER AGREEMENT BE'IWEEN THE CITY OF ENCLDIOCO, COLORADO, AND THE RmiONAL TRAKSPORTATION DISTRICT FOR A BUS SHELTER ON THE WEST SIDE OF SOl1l'H BR<WMAY AT WEST HAMPDEN AVENUE. WHEREAS, the Regional Transportation District has condocted a survey as to the nunber of persons boarding the southbound 0 bus on South Broadway at West Hampden Avenue between the hours of 7:00 a.m. and 7:00 p.m. and has deteiJIIined that a bus shelter is needed at that location; and WHEREAS, based on this survey, the Regional Transportation District has subnitted an agreement to the City of &lglewood for construction of a bronze bus shelter at South Broadway and West Hampden Avenue; tai, THEREFORE, BE IT QRI)!I.INEO BY THE CITY COUNCIL OF THE CITY OF EIG.D«XXl, COLORADO: section 1. 'lbat the agreement between the City of Englewood and the Reg1onal Transportation District entitled "aJs Passenger ~lter au; It>ute InfoiJIIation 1\greement" is hereby approved, a copy of which l!greement is attached hereto and incorporated herein by reference. section 2. That the Mayor and ex officio City Clerk- Treasurer are authorized to sign and attest said Agreement for and on behalf of City Council and the City of &lgleo.IC>Od. Introdoced, read in full, and passed on first reading on the 15th day of July, 1985. Published as a Bill for an Ordinance on the 17th day of July, 1985. Read by title and passed on final reading on the 5th day of August, 1985. • I . • • • • PUblished by title as Ordinance No. __ , the 7th day of August, 1985. Series of 1985, on Attest: EUgene L. ot1s, Mayor ex off1c1o C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of &'lglewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy o f the Ordinance passed on final reading and published by title as Ordinance No. __ , Series of 1985. Gary R. H1gbee • l I • • • • • BUS PASSENGER SHELTER BUS ROUTE INFORMATION AGREEMENT DUPLiC ATE OlilGH< .. \L _.....L_ __ or 3 AGREEMENT made this---day of---------'' 1985, by and between CITY OF ENGLEWOOD, 3400 South Elati Street, Englewood, CO 80110, hereinafter referred to as "Licensor," and the REGIONAL TRANSPORTATION DISTRICT, a political subdivision of the State of Colorado, 1600 Blake Street, Denver, Colorado 80202, hereinafter referred to as "Licensee." In consideration of the mutual promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: SECTION 1 THE LICENSE Subject to all the terms and conditions hereof, Licensor hereby grants to Licensee a license to occupy and use the premises described in the diagram attached hereto marked Exhibit A and incorporated by reference herein, to wit: A rectangular shaped parcel of land being 18'-0" in length as measured in the north-south direction, by 9'-0" in width as measured in the east-west direction, the northeast corner of said parcel being situated 90'-9" south of the existing south extended curb line of Hampden Avenue and 5 feet west of the existing west curb line of Broadway. SECTION 2 TERM OF AGREEMENT The above described premises may be occupied and used by Licensee for a bus passenger shelter, bus route information, and for incidental purposes related thereto during the period beginning June I, 1985, and continuing until this Agreement is terminated as hereinafter provided. -1- I • • - • • • • SECTION 3 TERMINATION Either party may terminate this Agreement at any time by giving written notice to the other party specifying the date of termination, such notice to be given not less than six (6) months prior to the date specified therein. SECTION 4 MAINTENANCE Licensee shall, at its own expense, keep and maintain in good repair any improvements placed by it on the premises, and at the expiration of this Agree- ment restore the premises to their original condition, ordinary wear and tear excepted. SECTION 5 LIABILITY Licensee shall assume liabilities and losses for bodily injury or tangible property damage caused solely by the negligence of Licensee arising out of and in connection with the use and occupan<;y of the demised premises by Licensee, its agents, or employees. In the event of any such claims made or suits filed, Licensor shall give Licensee prompt written notice thereof, and Licensee shall have the right to defend or settle the same to the extent of its interest hereunder. Licensee shall not be liable for any injury or damages that may arise out of or in connection with the use and occupancy of any area under the control of Licensor. SECTION 6 NOTICE Any notices given pursuant hereto by either party to the other party shall be in writing and mailed by certified mail, return receipt requested, posta~e prepaid, addressed as follows: -2- I • • To Licensor: To Licensee: • • • City of En~lewood c/o Densil Ragland 3400 South Elati Street Englewood, CO 80 110 Regional Transportation District 1600 Blake Street Denver, Colorado 80202 ATTENTION: Legal Office The address to which any notice, demand, or other writing may be given or made or sent to any party as above provided may be changed by written notice given by such party as above provided. SECTION 7 PROHIBITED INTERESTS No officer, member, or employee of the Licensee and no members of its governing body, and no other public official or employee of the governing body of the locality or localities included with the Regional Transportation District during his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. SECTION 8 MISCELLANEOUS 1. Agreement Binding. This Agreement shall inure to the benefit of and be bin ding upon the heirs, successors, and assigns of the parties hereto. 2. Laws to Apply. The laws of the State of Colorado and applicable Federal, State and local laws, rules, regulations, and guidelil'es shall govern th i s Agreement. 3. Amendment. Th is Agreement may not be amended except in writing by mutual agreement of the parties, nor may r ights be waived except by an instru- ment in wr iting signed by the party charged with such waiver. -3- I • - • • • • 4. Headings. The headings of the sections of this Agreement are inserted for reference purposes only and are not restrictive as to content. IN WITNESS WHEREOF, the parties have duly executed this Agreement, effective the day and date first above written. ATTEST: APPROVED AS TO LEGAL FORM FOR THE REGIONAL TRANSPORTATION DISTRICT Legal Counsel LICENSOR CITY OF ENGLEWOOD By __________________________ __ Title--------------- LICENSEE REGIONAL TRANSPORTATION DISTRICT By~~~~~~~-----------General Manager -4- • I . ·. • • • • NEW ••• fLATWORK ~MPDI;N AV!; • • 9 T ' lr -· SITE DESCRIPTION A rectangulu-shaped parcel of land be ing 18'0" 1n length as measured in the north-south direction, by 9 '0 " in width as measured in the east-west d irect ion , the northeast corner of said parcel being s ituated 90 '9" south of the ex isting south extended curb 1 i ne of Hampden Avenue and 5 '0 " west of the ex isting wes t curb li ne of Broadway . • I • • - r • ORDINAOCE ood..f.e_ SERIES OF 1985 • • • BY AUTHORITY 9 H ~ COUN:::IL BILL 00. 53 INI'RODOCED BY COUOCIL M&IBER BRADSHAW AN ORDINAOCE APPROVING A CONI'RACT B~ 'mE CITY OF ENCLDJOOO MD 'mE STATE OF COLORADO DEPAR'IMENI' OF HIG-tiAYS, DIVISION OF HIGIWAYS, CON:ERNING MAINTEIWCE OF TRAFFIC CONI'ROL DEVICES ON STATE HIGIWAYS WITHIN THE CITY OF ENGLDIOOO. WHEREAS, the City of EhglE!IoiOOd is desirous of entering into a contract with the State Department of Highways, Division of Highways, which requires the City to maintain traffic control devices on state highways and to receive payment from the State of Colorado; and WHEREAS, the current contract supersedes the July 18, 1983 contract between the parties; ~. THEREFORE, BE IT ORD!\INED BY THE CITY COUOCIL OF THE CITY OF ~000, COLORADO: Section 1. 'lbat the contract between the City of EnglE!IoiOOd, Colorado, and the Colorado State Department of Highways, Division of Highways, for the City's maintenance of traffic control devices on state highways within the City limits is hereby approved. A copy of said contract i s attached hereto and incorporated herein by reference. Section 2. 'lbat the Mayor and ex officio City Clerk- Treasurer are hereby authorized to sign and attest sa id contract for and on behalf of the City Council and the City of Englewood. Introduced, read in full, and passed on first reading on the 15th day o f July, 1985. PUblished as a Bill for an Ordinance on the 17th day of July, 1985. Read by title and passed on final reading on the 5th day of August, 1985. I . • • • .. • Published by title as Ordinance No. __ , the 7th day of August, 1985. Series of 1985, on Attest: EUgene L. Otls, Mayor ex oif1~io city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of !h1lewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the Ordinance passed on final reading and published by title as Ordinance No. __ , Series of 1985. Gary R. H1gbee • l I • • • • .. • Ol!>7V MAINTENANCE CONTRACT (SENATE BILL 8) CONTRACT nus CONTRACT, aade thh ___ day of -----· 19 __ • by and between the State of Colorado foe the uae and benefit of ~ STAT! DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, hereinafter refereed to as the State, and CITY OF ENGLEWOOD, STATE OF COLORADO, hereinafter referred to •• the contractor, WHEREAS , authority exists in the Law and Funds have been budqeted, appropriated and otherwise aade available and a sufficient unencuabered balance thereof reaaina available for payaent in Fund Nuabar 2001. GIL Account Nuaber 52046, contract Encuabranca Nuabec 65800; and WHEREAS, required approva l , clearance and coordination baa been accoapliabad fcoa and with appropriate aqencies : and WHEREAS, this contract is executed under authority or Sections 4Z -4-SOZ, 43 -1-106, 43 -2 -102, 43-2 -135 and 43 -2-144 , c.R.s ., •• aaended and an applicable ord i nance oc resolution baa been du ly passed and adopted by the contractor, aarked Exhibit "A", attached hereto and aade a part hereof: and WHEREAS, Section 43 -2-135(i) C.R.S ., aa aaended provides that the State shall install, operate, •aintain and control at State expense all traffic control devices on the sta t e hiqhway eystea, within cities and incorporated towns: and WHEREA S, the State does not have the necessary equipaent and aanpower to operate and aaintain the traffic control devices : and WHEREAS, the contractor bas adequate facilities to operate and aaintain such traffic control devices . NOW , THEREfORE. it ia hereby agreed that : 1. The contract dated July 18, 1983, ia hereby superseded a nd aecqed into this contract . 2. The c on tractor shall provide the aanpowec, equipaent and s e rvices necessary to operate a nd aaintain certain I • • • • • .. traffic control devices on state highway• within the city liaits, as deterained and directed by the State . 3 . The contractor shall froa tiae to tiae in consultation with and upon advice and approval of the State, provide the State with lists identifying the apecific traffic control devicea to be operated and aaintained by the contractor during the tera of this contract. 4. The ratea to be charged by the contractor under this agreeaent shall be as set forth in Exhibit •a•, attached hereto and aade a part hereof provided that the total chargee to be paid by the State during each fiscal year of the contract tera shall not exceed $52,000. The ratea in Exhibit •a• ahall reaain constant throughout the tera of thia contract and ahall be subject to State audit at any tiae during noraal business hours. The contractor will bill the State •onthly according to the rates aa set forth in Exhibit •a•. and the State will pay auch billa within 60 days . 5. The traffic control device• shall ba aaintained in conforaance with applicable portions of the "Manual on unifora Traffic control Devices • and the •colorado Supple•ent• thereto , referred to collectively aa the "Manual" and incorporated herein by reference . 6 . Tha State reserves the right to deteraine the quality and adequacy of aain tenanc e under this contract . Any deficiencies will be brought to the attention of the contractor and a reasonable tiae will be allowed for coapliance . In the event the contractor , for any reason, does not or cannot coaply, the State reserve• the right to do the work or have the work done by others and deduct the actual coat fro• the subsequent payaents to the contractor . 7 . The contractor will aaintain both operational and coat records as the parties hereto aay froa tiae to tiae agree upon aa being necessary to deteraine the adequacy of the control devices, both operationally and aechan ically, to perfora their intended function . Said recorda shall be ava il able for review by the State during noraal worki ng hours . -2- • I • • ....... • • • • .. 1. The Division of Hlqhwaya will, throuqh ita Dietrict Enqineer. be responeible for aonitorlnq this contract for tbe State . All correspondence and billinqs should be addreeeed to hia . The Diatrict Enqineer•s address for thie contract ie: R. J. Brasher, 2000 So. Holly Street, Denver, CO 10222. 9. Thia contract affiraa the peraiasion qranted to the contractor to aaintain the traffic control device• pureuant to section 42-4-~02(2), c.a.s., •• aaended. 10. Tbia contract ehall reaain in effect until eucb tiae •• the State or contractor desire• to chanqe the ratee. •• abown in Exhibit •a• or chanqe the total charqee •• ehown in paraqrapb No. 4 Whereupon thie contract will be eupereeded and a new contract eiqned. Should chanqee in ratee be deeired, a revised Exhibit •a• ehall be eubaitted to the Dietrlct Enqineer by March l of the deeiqnated year. 11. The Special Provieions which are attached hereto are aade a pact of thie contract. -3- • I • • c • • • IN WITNESS WHEREOF. the partie• hereto have cauaed the foreQoinQ contract to be executed the day and year firat above written . ATTEST: Chief Clerk APPROVI'!D : State Controller By ATTI'!IIT: ~~~~~------City Clerk STAT! OF COLORADO RICHARD D. LANK, GOVERNOR By =---:---=-:---:-----Executive Director · STAT! D!PABTMEN'l' OF HIGIDIAYS DUANE IIOODARD Attorney General By LYNN OBERMYER Firat Aeaiatant Attorney General Natural Reaourcea Section CITY OF !NGL'!IIOOD, COLORADO By----------- Title ------------- -4 - • 0 I . - ( , I • c • • • • LOCAL AGENCY RESOLUTION OR ORDINANCE TO BE ATTACHED TO EXECUTORY COPIES • I . • • • • - • ._ .. ACCII >l't:C14L PROVISIONS CONnlOLUJt'S APPIIOVA.L I This C'OflftiC't YWim bt dctmcd nhd until ft \1'\1111\i~ been ~ by the COflrol'rt of lht S&atr of Cokndo or w.ch &UIJiant as hr rnty des.,_.c Th" Pf'O"'~ » appiiCabk tn 11'1)' conti'XI tn\lHllvtna thr P'Yrnc:ftt of fftOfte)' by thr $we nlllo"D AVAII.AaiLlrY 2. FOWE•obl-offtS...po)'>Oblcoftt:rfta.mntf""',_.,...,...........,,_,.,.,._....,._, ~ Md cxhtrwax n..tt avatlabtt I I J fflhft contract~ lhr p.y~nt tl{ rrllllf'C' ttt.n fifty lhouyftd dota.n for tht consrNCticM, rrectioa. tq1111r. matllltnanct, or ~ of 1ft)' bu.tct.,., ro.d, brll.l~. v&adun . Nl'lrlltl. uuvauon or adler ~II: wort lor this Sulr, lhr C'OIMr'IIC'10f IIYII . bdort eftle:""' upclfl tht perfonnentt of any ~ wnrl, tnrluded '" tht s c~racw . duly cure. ...:1 ddnoer to Md file: wMh ihc offr~ ~ lro'fM(V~ lppeen bdow ror rht Sulk. a load li nd MlmtleN bond or ochn ~ ..-et)' to be lfP")'Wid by .... otrac .. in 1 peN;I wm I'UI las lhMI Ofle-t.i( uf the k.QI :tniOUftl Pl)'lbk b)' the tmn1 of lhq CONTk'l. s.dt ...., ... , be dWy U«Wid b)' • qu.ltflllld COI'JIOf'llt wmy. CICIMhtiOne!d b the= dut and rattttful perf~ of dw co.trk't, _, ill....._., ...a prov• ctrw if tht contraaor or h11 aubconu'IC,on. fatl en cW) r;.v fnr 1ft)' Ltbof. mlllerieiJ , want tt.R, ...-..re. ~. ~or adwr ~lr1. \ned or~ by ~Uti~ CON,_,.,,_. ht'Mibcon(r'IC'IOf .. ~oflht ....,t; ~to lilt._, dw Wfft)' Wtll pty ... toMnt man amount no. tact"tid"'t fhr ~m ~•fed •n thr boftd ,ICJfrthn we ..wcmt Mlhr '* ol cip1 ptr otM fla' enMtm U,._ s.dl band, what ao ~. ""c~. Lkh¥tnd Md filed . 110 dawn • fawor of*'~ •riultt -.kr ttw. nwrxt IMII bt IUdlled, allowed or peld A a:ntfeed nr ca\h~rr 'i c:flut or a t..a ...,_,..,.,""*,_,...liD dlr na...m of lht s..r ofC--IIc~ooltooolo- NININUN WAGE 4. Eutpt • otht-rwitr pro'lidfd by law . if thi!. conlrKt JWO"idn for rht-PIYMIPM ef -... eta.n fiw thnuu!Wf lllolan and rtitWm. 01 inwol.-n lht ~rnployrMnt nf Ia~" or mrchanin in tht t'OMtructiolll . altrratton or "'~ir of .ny hu~na or other pwbhc •ott . fn«pf hishwa)'t., hi&hway bridtn. unci~ Md IIW.••r 'tructu~ of .tl kiMJ withia rht Jtopaph.ctl limits of thr St~rr . tht 1'111f' of_.... for .tllat.oftn Md MrcitaniC'\ tmpluyht by tk mntr.ctor or any 'ubC'onlt«lor un lht bu1ld•n& nr pub liC work c-ownod by thn COftfrKI .,.... bt' nol tf-» than tht ,.._...,,.., ratr of •aan for •urk of a si milar natu~ in thr ci tv . I own, viii• or Olhtt ct.il n~bdMWon of the Statr in ""'" tht-IHii&chnc or othrr puhlic. work b luca trd Ot,pwlf'!oo f'hPKh"l prt'n.ihnl rain .;11 be-rnolwt'd as prondt-d in K-16-101. CRS 1973 ," ,,..., .... d DISCIUNINA TION AND 4Fflkf>IA TIVE .\CTION ' nr COfii:JICIOf .,.. 10 compl y Wtth tht lcnn '"" 'Ptrtt of thr CokQdo AnttdtscnnuNhOfl Act of 19)7. IJ anwllded * Olhtr ipphcllb6t t.w ~·na dl'l'rlrnl"-tll"n and unfa~r r mpkly~ pnctiC't1 f24<U...eo2 , CRS 197-t supplnnrN), 1fld 11 ,...,.Nd b)' E I.C'C'UU ~ Orckr. ~I ()pponUitth an.J Aff•rtna~•~c: ActJon . d:lled ApnJ 16. 1971 1\,rJUMf lllrrrefo, rN follow,,.. pt'OVI• MOftJ slteJI be C'OIDina/ a. all Sutr ront~»~.t.' ,., ~.Ub-nlftftach (Nriftl tht P"fot'WNrK't or th~ l'HUir.KI , tht t'UMII'klur al""ft a follows (I 1 Th~ cuntr~etor will not d i\Cn•nm:ttr aptn.\1 ~n y rmployft' or applicant (or rmploy...,.fll becauw or ract, c ft'rd. c~ut . rllllonal urigm . ""'· m<~nlal ~la t u~. nohpon, ance~try , mrnr .. or physic:lll handle •. ot att Thr cnntracl or will ••r artirm~hu• oM. t um to IM\Urt thai apr'icanh •~ tmpfoyd, and thai rmploytn art t~atrd duriu&tmrluyrnrnr. wtthuut rt"l;~rd to the ~boY"C mrnhuMd ch aflttrri,tks.. Such .-rion .hall inclltdr , but not bt hmllrd to lhr f(~l u'""l rmploy nwnt. upcDdtna. dtmo11on , or transfer. PKruitrMnt or lf'Cru ttnwnl Kh-crti.~tnl'.l:lly ·ufr, ur ltnnm:~l•un ~ ralt-\ o( pay or olhtr form\ of comprnsation ; and Jtl«rion for trainina, •ntfudma evprrnt ~et~l (' Thr contrxtor llf'tn lo pusr 1n conspicuous pllft'S, eullabk to rmployus and .,.pl.canh fur rmploy rMnl, noiiC h to ~ prov1Md hy thr COfltr.ctina offK'rr ll'llinJ forth p rovisiOnS o r lh ts non·dt-.cnmmallon claulilt' Ut Thr C'ontrxlur wall . '" ,)II '"''Ct l~t ton, OJ advcrtt\ltrnrnts for rmployft$ piiCtd by Of on bthalf or rhr con tractor. ''''t thar aU qu,h (~td :tf•piiC.)IIb WJII ~rtvr conwdtrallun for rmploymrnt •mour ~prd to riiC'r , crHd. c~uf , national ung.m . """'· maniM 'flfus. rt:I•Jion,ancntry . mtnl .. or phytkal handicap, or 'If, (lJ Tht contnttnr wall '-'lid tu t':t~..h lo~bur unruu ur ttprt.wnrattwr or woRrrs with whidl ht has coll«ti~ baraatntna apnmrnr ut ulhrr fulllr.k't ur undr"t~ndu11 . IIOIK"f' lo ~provided by the CCMII rKhRI ofrar, JCh.-tsina thr labor unton m w..tHt..r n. rt'f'rotnllft"t of th~ c unirKior's conuNUmrnf un•r lht EA«UI,.,t O..drr, Equ., Oppottun•ry and Affinnahvr Acllon, dattJ Apnl 16, I97S. and of tht Nln, rqufattons. and mrvtnt Ord~rs of rhr Gmrmm f4 } Thr cont rvtof and labor Ulllutl) Ytlll fum1sh .dl mfonn..a11o n and rtports rtqui rrd by E.ncuti\'f' Ordrr, Equ~ Opportunity and AHinn:tlf\C All lUll,,, Apnl 16, 19 7 ~. ~n d by thr rulrs, ""''•••ons and Orden ur thr Govcmor. or f'Ut\UAnl thcrrl u, . .nd y.,IJ prnnll ;tCc,f,!t ru '"' book1. lf"('Ofd\, 1nd accounts b y thr conlnM:I1n1 aerncy lnd thr ufncr or lht" Guu•ntor Of ht ~ d.-\llf'« fut purptn.t1 o r invrsl i1Jtion IO IK'f'rfain comph1Mr Wllh such ruiH. rrrultltnn \ and •ud"-1\ fSI A Iabat CH'Jiftllllton w..·dlnot nciul.k an\' •ndlwutual olhft"Wtw qu..Urard from (uU fiWtnkrthtp n .. lls '" w.ch labor oraamuhtM , Of upd an y wch tndmdual from rnrmbrnhip ill 1Ut'h ltbor Of'JMtliiNHI or dJJCnm1natr apmu any o r us m~mbrn '" the-fuH rn.roymrnt or work oppattunhy . becauw of""· Cfftd, colu•. ~;n , nthunal on.n, or an;.estry {6) A l1 bot OrJINUhon, ot th r f'mpluyee, ot mrmbrn th«rffif _,,not aid, •btl, iftc:Ue , comptf Of COtPl"t thr doma IJf a ny k"f dtfinrd '" fht\ contrac t to bt d•~~~C nm•netory or obttNCI or l'ftWtU any ptrsotl from cnmpl)•na .,th thr ptU\1\IOfb n( th, .. CtHlltatt OJ an)' oNt r auwd thtA'undtr, or attt•pt, ritht.r cbft'Cify or lndJJKd)', IO CO inmlllnf ICI ckfiMd Ul thn: C'OflltKt IO bt ~nfNMIOI)' ,.,. l_.r_l_,.. • I • - ( • • • • • (7) ..... ....,,fll .... _oor'o-.: .... io.Q-......... ,. I ool ct...otlloio._ln<lor -..,. ol-..... .....,_,or-. lloioc .. IOKI-.. .-_ o.-.. or~ ito ... .,. _ _, ... c_tw_ .. __ ......_, .. ,_S.... ____ _ ..-... -~ ioo Elcooliw 0.... ~ o,..m..;.,. _, Afr--Act-. ol 4,.;116, lf?S _, ........ ......._ ........ ...-~ .. -......................... ______ .. ..,_._, ___ .. ...,...,.·~• E .. nc;.. o.... ~o,..m..;.,. -.lAm .... ,;.,. Actiooo of 4,.;1 16, lt?S, or~ -. ....... ;.., ....... ~ ioo-doooowido, or • --~~ .... (I) "---wil ioochodt ... ---ol _.,..(I) ......... (I) ioo...., lllikeM-Md ---,...._--"-'" ~ .............. ;.., ............ _ .. £& ....... 0.... ~ O,..Cillll.,. Md Am...t;.,. Actiooo of April 16, lt?S, • .... ----.... loWio1 -_....., .. -............. "'-lrl<l ........ _. .. , ____ .., ._ ........ .. _... ......... __ ... _,_._._ •• _ot ......... -..-...~ ._..._,_-..c•re''Met :,......._ ........ ,daatiRIIN...,.ttt.e~.._........., •.•• ·-...................... -......., .................... ol-...._~ .... -... _,., ... c•ln<tor-.._. ... Scott oiC..._ to ..... ioto-.....-C.,....., ... _ ol .. Stolt oiC ...... COI..OII4Do I.AIIIItl'll£Fot:Na '·.......,. ot .. 17-111. a 112 . cas lf?J ,., ,..,_ o1 c...,...__..,._,.,..__, if ,..w;.--· ... SUte----..._.... _, .. f-..1 ioo-.... -~Stolt,__ GENlLU 7. "' ..... of ... Scott o1 c-• ...,. ru1n ...,. ...,..., ... , -,.._, o~~ome .... opp~W ;, ... -,..,.lion, ountlooo Md .. ,..._ of oh• <OOiili<o . 4oy ,...._ of ttlil __, -..,or oot ~ hnrioo ~ ,., __ .. i<h ,.-for oolliorotion ~ .. , • .,,..,.._.....,..,-•-II ....._ ioo -"""with ooicl ...................... toono-.. ~ ... _, -· Nocloioo, ........ . ..,. ,....._ -...,.....,. Mftio ~ ,......_ ...,,.h ,_.,to_,. this or..,. ot1oer _..,....... ioo -or in --.. ..tid "' oof.....,oblo "' oniloblo iot ooy oroioo oo low ......., ~ ...,. o1 ~ • ..,_or .......... Aoy ,....._ ,......., ""'' ood -by tho .,...tiooo olohil,._.. wil ••-...... ,.. ........, of fhil CMtrwl to tlw ~•tnu that lht cORtnct is capeMr nf necvr-.. I . "-........... -. ..... ohot otwy .,. fomilior ,.ith 18-A.JOI . •• ""'~·· 11-, Md C-c 1--.1 Md 11-1-401 . ot ...... fA-nf '""'"'Of!'~« I . C II S. 197J ... -...... onol ohot oo • .._tiooo of---io -· 9. "-............ ctoot to ollrir k-.. oo "•t• .... ....., .. ""'..,, ,..-.,.....,..,ill --., ....__io ... _.,,_,......,. ....... IN WITNESS WHEIEOF , tlw perttH htftto tll•w t.lf'C'•ttcf rhit. A""',..."' • rtw a, fnc .... writ STAT£ OF COLOIIADO RH :HAHI.I 0 . I.UIIII. IOOVUI'IIOII OEPAIITMENT OF ------------~~----------~ • I • - " l ( • • • • CITY or I En~lewood DATE Nove11ber 26, 1984 EXHIBIT •a· • RATES FOR TRAFFIC CONTROL DEVICES 1. Traffic Signtls* s 138 .00 per signal per month 2. E•ergency Signals s per signal per •onth 3. Sa•pl1 ng Stltions s per sa11pler location per •onth 4. Signing s per •ih per IIOnth s. Str1 p1ng s per •11e per •onth 6 . Signing tnd Striping s 151 .00 per 111le per IIOnth • Maintentnce of traff i c signals i ncludes painting of crosswtlks tnd stop btrs. 11-15 511/84 • I • • r ORDI NAOCE NO. SER I ES OF 198'""5 __ _ • • - BY AUTHOR ITY COUNC IL BILL NO. 44 I NI'RODOCED BY COUNCIL IID1BER NEAL AN ORDINAOCE REQUIRING RESTITUTION TO BE PAID BY DEFENDANTS FOUND GJILTY OF DriMAGING OR DESTROYING PERSONAL PROPERTY OR OF CAUS I NG BODILY INJURY OR arHER DriMAGES TO 'rnE I R VICTIMS. WHEREAS, the City Council of the City of Ehglewood, Co l orado, is concerned that there are an increasing number of victims of violators of city ordinances who suffer undue hardsh i p by vi r t ue of physical inj ury or loss of property; and WHEREAS, persons found guilty of causing such suf fer ing should be under a moral and legal obligation to make adequate restituti on to the injured by their conduct; and WHEREAS, restitution provided by violators of Eng l ewood ordinances to thei r vic tims may be a n i nstrument of r ehab ilitation for v i olators; tnV, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEl'lOOD, COLORADO, AS FO~S: Sec tion 1 . That Ehg l ewood Mun icipa l COde '69 is he r e by ame nded by adding Chapter 20. 5 to Title I , wh ich section shall r ead a s follows: 1-20 .5-1: RESTITUTION TO VICTIMS OF ORD I NANC E VI OLATIONS (a) Upo n conv iction of a de fend a nt i n any offense i n wh ich the conduct o f the defend ant r e s ul ted in loss or d cm~age to the pr operty of another or cause bodily injury to another , the court s hall , as a condition of probation or as a mitigating fac tor in im po sing any punishment , provide that the defend ant ma ke r estitution to the victim of his conduct for the actual dam ages which were sustained. Such restitution shall be orde r ed by t he c ou rt 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 of fice of the City Attorney for deposit into the City's treasury and repayment therefrCJn 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. The 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 9 E~ I • • ( • • • • penalty hearings.;;H; peHe&s ~el:li-R a ~~A per;:i-eQ.., 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 FOR AN ADULT DEFENDAm'. '!he court has the authority to delay imposing a punishment until either the defendant has satisfied the paying of restitution or the Cburt has determined that no restitution will be paid. THE liDJUIREMENI' OF REST~Tln' SATISFIED IF THE DEFENDANT PRESENI'S A SIGN -M&- *»~RELEASE" FRa1 THE VICTIM TO THE CLERK OF THE COURT N tiRovrDED BY THE PROSEX::lJI'ING ATTORNEY. THE CLERK AND/OR THE PROSEX:lJI'ING ATTORNEY MAY CONTACT THE VICTIM TO VERIFY THE AUTHENTICITY OF THE EXEX:lJI'ION OF THE "RELEASE" PRIOR '1'0 SATISFACTION OF THE REQUIREMENT OF R&STITlJI'ION. (b ) i'tlen as a resul t 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 collect i ons of such restitution may assess a 9Aa~ ei $l§ A REASONABLE CHARGE to the defendant upon receiving of a bad check as restitution payment, SOCH OiARGE TO BE BASED UPON THE RFASONABLE COOT OF PROCESSING A REQUEST FOR AND OOTAINING THE PAYMENT DUE FRa1 THE DEFENDANT. 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 Base& wp911 tiear; aAii eeRYiAei-ft! w~ BY THE COURT that the defendant had a liability insurance policy in effect at the time of the injury or the d11nage or loss of property resulted to another and such injury, d11nage, or loss was reported to such insurance policy canpany, and the identity of that insurance policy and canpany has been made known to the victim, the court wi-~ SHALL find that further restitution is not requ ired, provided that the liability insurance policy was equal to or greater than the amount of injury, damage, or loss. (D) THE TERMS AND PROVISIONS OF THIS ORDINAN::E SHALL NOT PREE}o!Pr THE RIGHTS, IF ANY, OF PERSONS TO SEEK OR RESIST CIVIL REMEDIES IN ANY COURT OF LAW. (E) OOI'H THE DEFEN:Wlr AND THE VICTIM, PERSONALLY OR BY AN ATTORNEY I HAVE STANDING TO PRESEm' EVIDEOCE~ TO THE H As COURT ON THE ISSUE OF R&STITlJI'ION, BlJI' THE AS .a:MPLETE DISCRETION '1'0 LIMIT SOCH EVIDEOCE AN:> ARGJMENr UANl' TO ITS CMN RULES AND MAY CHOOSE NOT TO CONDUCT A RESTITUT ION HFARING SEPARATE FRa-t THE DEFEN>ANI' Is SENTEOCING. Introduced , read in full , and passed on first reading on the 1st day of July, 1985. 2 l I I • • ( • • • 1985. Published as a Bill for an Ordinance on the lOth day of July, Read by title and passed on final reading on the 5th day of August, 1985. Published by title as Ordinance No. __ , the 7th day of August, 1985. Series of 1985, on Attest: EUgene L. Otis, Mayor ex offic1o city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of &lglewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the Ordinance passed on final reading and published by title as Ordinance No. __ , Series of 1985. Gary R. H1gbee 3 I . ORDINA~t:; NO . S ERIES OF 19 8.""5 __ _ • • - BY AlJrHOR ITY COUNCIL BILL NO . 44 INTRODUCED BY COUI>JCIL MEMBE R NE.I\L AN ORDI~E REQUIRING RESTITlJrlON TO BE PhlD BY DEFENDANTS FOUND GUILTY OF DAMAGING OR DESTROYING PERS NAL PROPERTY OR OF CAUSING BODILY INJURY OR OTHER J:IAMAGES TO THEIR VICTIMS. I'I'HEREAS, th City Council of th Ci ty of En glewood , Colorado, is concerned that there are an increasing nunber 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 mora l 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 ma y be an instrument of rehabilitation for violators; NOd , lliEREFORE, BE IT ORDl\INED BY THE CITY COUN:IL OF THE CITY OF ENGLEWOOD , COLORAOO , AS FOLLOWS: Section 1 . 'Ihat Englewood ~nicipal Cod e '69 is hereby amended by adding Chapter 20 .5 to Title I , which section shall read as follows: RESTITlJrlON TO VICTIMS OF ORDINAN:E VIOLATIONS (a) Upon conviction of a defendant in any offense in which the conduct of the d efendant resulted in loss or damage to the property of another or cause bodily injury to another , the court shall , as a condition 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. 'Ihe amount of such restitution shall be based on the actual pecuniary damage s 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 therefrcm to the v1ctim. If the court finds, based upon clear and convincing evidenc , that such restitution shall work an undue hardship on the defendant and his family, court may waive the making of such restitution, in whole or in part. 'Ihe court is authorized to monitor such payment of restitution by setting penalty hearing at reasonable intervals to receive reports of partial payments mad e and, for this purpose, may continue the 1 • I • • • • • penc~lty hearin<Js .a~ peFi9Eis wieR~A a ~-i1!9AI;H peFi9Ei.. H th d e fendant fails to ma k e restitution a s orde red by the court, any s en tence imposed will incl ude unsuspended confinement of nol less tha n 30 days FOR AN ADULT DEFE NDANT . '!he court has the authority to d lay imposing a punishment until either th defendant has satisfied the paying of restitution or th Oourt has d etermined that n o restitution will be paid. THE REQUIREMENT OF RESTITUTION SHALL B E DEEMED SATISFIED IF TH E DEFEtiDA.NT PRESENTS A SIGN ED "RELE.I\SE" FROM THE VICTIM TO THE CLERK OF THE COURT UPON A FORM PROVIDED BY TH E PROSOClTI'ING ATI'ORNEY . THE CLERK AND/OR TH E PROSOClJriNG A'ITORNEY Mll.Y CONTACT THE VICTIM TO VE RIF Y TH E AU'l'HENTICITY OF THE EXFx::lJriON OF THE "RELEASE" PRIOR TO SATISFACTION OF THE REQUIREMENT OF RESTITUTION. (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 superv ising the collections of such restitution may assess a eAa"'Je &f ~; A REASONABLE CHARGE to the d efendant upon receiving of a bad check as restitution payment , SOCH CHARGE 'ro BE B.l\SED UPON THE REASONABLE COOT OF PROCESS ING A REQUEST FOR AND OOTAINING THE PAYMENT DUE FROM THE DEFENDANT . 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 &asea wpeR eleiiF aA8 eeRY•Re+~ e\liaeRee BY THE COURT that the defendant had a 1 iabil i ty insurance pol icy in effect at the time of the injury or the d1111age or loss of property resulted to another and such injury, dCI!lage, or loss was reported to such insurance policy canpany , and the identity of that insurance policy and canpany has been made known to the victim , the court will SHALL find that further restitution is not required, prov ided that the liability insurance policy was equal to or greater than the anount of injury, dCI!lage, or loss. (D) THE TERMS AND PROVISIONS OF THIS ORDINAOCE SHALL t-rJT PREEMPI' THE RIGITS, IF ANY, OF PERSONS TO SEEK OR RESIST CIVIL REMEDIES IN ANY COURT OF U\W. (E) OOJ'H THE DEFENDANT AND THE VICTIM, PERSONALLY OR BY AN ATI'ORNEY, HAVE STANDING TO PRESENT EVIDEOCE AND ARQ.lMENJ' TO THE COURT ON THE ISSUE OF RESTITUTION, BlTI' THE COURT HAS C<J1PLETE DISCRETION ro LIMIT SOCH EVIDEOCE AID ARGJMENT PURSUANT TO ITS <WN RULES AND MAY CHOOSE NOT ro CONDUCT A RESTITUTION HEARING SEPARATE FROM THE DEFENDANT'S SENTEOCING. Introduced, read in full, and passed on first reading on the ls day of July, 1985. 2 • [ I • • • • • • • 19 85 . Pub lished as a Bill for an Ordinance on the lOth day o f July, Read by title, emended and passed as am e nded on the 5th d ay of August, 1985. Published in full as anended on the 7th day of August, 19 85 . Attest: fugene L. Oll s, Mayor ex off1c1o 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 an Ordinance read in full, passed on first reading, published in full as a Bill for an Ordinance on the lOth day of July, 1985, read by title, anended and passed as emended on the 5th day of August, 1985, and published in full as anended on the 7th day of August, 1985. G:lry R. Hlgbee 3 • I • • • • .. - MEMORANDUM TO: Andy McCown, City Manager FROM: Gary Higbee, Director of Fina~0.if DATE: July 29, 1985 SUBJEX:T: Volunteer Firefighter Pension Fund The following is a response to your questions concerning the Volunteer Firefighter Pension Fund. Questions: 1. If a volunteer firefighter transfers their membership to Sheridan from Englewood can t hey transfer their benefits ? 2. If they can transfer their benefits what e ffect does it have upon the actuarial soundness of the volunteer f i r efight er pension fund? Answers: In accordance with Colora do Rev ised Statute s 31-30-4 1 5; any firefighter who first becomes a volunteer prior to June 2, 1977 a nd who has completed 20 years of service shall, upon the application to and wi th t he Boards consent, be relieved from further duty and be e n 1 led to r ece ive a monthly pension beginning upon the a ttainment of age 50. To f ur t her clarify, if a volunteer f i r e f i ghter were h i r ed pr ior o J une 2 , 197 7 a nd transfers from one volunteer fire department to a no her , ha i s from Englewood Volunteer Fi re Department to the Sheridan Volun eer Fi r e Department, the volunt eer f i re department in which the firefigh t e r completes the 20 years of service in i s actua r ily r s po nsible for the pens i on benef i ts due the vo l unteer firef i ghter upon a taining he age o f 50. Th e refore , it does e ffect the ac tua ri a l srn 1ndness of Lh pens ion p lan for this group o f volunteers. In accorda nce wi th Co l orado Re vi s ed Statutes 31 --10-41 5 , any firefighter who f i r st became a volunteer after June 2 , 1977 <J nd •·a rns 20 years of service as a volunteer by serving more han ont: <l r pa rtmvnt , will be entitled a benefit from the fund of each dep.>rt n'l<.?llt fnr ~~d c h he ser ved at least five years equal to !/20th of he mont h l y r<>ti ruue nt bene fit by being paid by the department the day ht' 1 ft J. • SE:t v ice of that department for each year of service with the departrrK:nl. In other word s, a city 's volunteer firefighter pension fund 1s o~ly r spons ible for the proportionate share of bene fits due the voluntEe L f1 rc fi<]h r tha t he/she has accrued while serving that city 's volunl ~ r fJJ de a rtment . For this group of volunteers the act uarial soundn s s of the pens ion plan would not be effected . Currently the Volunteer Fire Department has 11 vo lunt r s of whi c h 4 became volun teers prior to June 2 , 1977 • • I • • - r t • ORDINAOCE 00 • .::J.j SERIES OF 1985 • • • BY AUTHORITY COUNCIL BILL NO. 46 Ull'RODlX::ED BY COUNCIL MFMBER BRADSHAW AN ORDINAOCE APPROVING MlJl'UAL AW AUTC»1ATIC AID AGREEMENT BE'IWEEN THE FIRE DEPAR'IMENI'S OF THE CITY OF Pl'G.~OOD, COWRADO, AND THE CITY OF SHERIDAN, COWRADO, FOR ONE TO AID THE OTHER IN CASES OF GREAT flo~ERGDCY WHICH CANNOT BE 1W1>LED SOLELY BY ONE FIRE DEPAR'IMENr. WHEREAS, both the City of &lglewood and the City of Sleridan maintain a fire department consisting of regular and volunteer personnel and emergency equipnent; and WHEREAS, emergencies may arise in one jurisdiction or the other resulting in greater dEmands on manpower and equipnent than the one jurisdiction can handle alone; and WHEREAS, it is in the best interest of each jurisdiction to have the aid of the other when such emergencies arise; ~, THEREFORE, BE IT ORDI'\INED BY THE CITY COUNCIL OF THE CITY OF ~. COWRADO: section 1. 'nlat the City Council hereby approved the agree- ment between the City of &lglewood and the City of Sleridan entitled "l'tltual and Autanatic Aid .1\greement," a copy of which 1s attached hereto and incorporated herein by reference. section 2 . 'nlat the Mayor and ex officio City Clerk- Treasurer s1gn and attest said agreement for and on behalf of the City Council and the City of Englewood. Introduced, read in full, and passed on first reading on the 15th day of July, 1985. Publ i shed as a Bi l l for an Ordinance on the 17th day of July, 1985. Read by title and passed on final reading on the 5th day of August, 1985. • I • • • • • • Published by title as Ord inance No. __ , the 7th day of August, 1985. Series of 1985 , on Attest: EUgene L. Otls, Mayor ex off1c1o C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Ehglewood, Colorado, hereby certify that the above a.OO foregoing is a true, accurate and canplete copy of the Ordinance passed on final reading a.OO published by title as Ordinance No. __ , Series of 1985. Gary R. H1gbE!e • I • • r ( • • • - MIJI'UAL AID All'l'<MATIC AID A~ENI' THIS AGREEMENr, made by and between the CITY OF SHERIDAN, hereinafter called "Sheridan," and the CITY OF ENGL~OOD, hereinafter called "Englewood," WITNESSETH THAT WHEREAS, Sheridan is a municipal corporation organized and existing pursuant to the statutes of the State of Colorado, and its territorial jurisdiction generally is the legal boundaries of the City of Sleridan, Colorado; and WHEREAS, Englewood is a municipal corporation organized and existing pursuant to Article XX of the Colorado Constitution, its Olarter, and Ordinances, and its territorial jurisdiction generally is the legal boundaries of the City of Englewood, Colorado; and WHEREAS, each of the parties hereto maintains a fire depart- ment consisting of volunteer and paid personnel and anergency equ i fX11e11 t ; and WHEREAS, anergencies may arise in one or the other of the jurisdictions of the parties resulting in greater danands than the manpower and equipnent of that party can handle, or anergencies of such intensity may occur that they cannot be handled solely by the equif!lleClt of the party in whose jurisdiction the anergency occurs; and WHEREAS, it is in the interest of each of the parties that it have service of and from the other party to aid and assist it in the purpose of fighting fires or responding to other anergencies; NCM, THEREFORE, IT IS MUTUALLY AGREED by and between the parties as follows: I. MlJI'UAL AID 1. Areas in Sheridan. For and in consideration of promises of Sleridan, hereinafter set fcrth, Englewood agrees with Sheridan that, in the event there are fires or other emergencies in the territory served by Sheridan which are beyond the control of the Fire Department of Sheridan, whether because of use of Sheridan's equipment at other places or because of the intensity of the anergency, or otherwise, Englewood agrees, subject to the lbnitation hereinafter set forth, to aid and assist Sheridan by I • • ( • • • - causing aro permitting its Fire Department and its equipnent to be used in respoooing to emergencies in the territorial area of Sheridan, and the need for such aid aro assistance shall be deter- mined by the Fire Department of Sheridan; subject, however, to the limitation that Englewood shall be excused fran making its equip- ment aoo services available to Sheridan in the event of the prior need of the emergency equipnent and the manpower within the terri- torial area of Englewood, or prior use of Englewood equipnent aoo services at any place, which decision of availability shall be made by the Fire Department of Englewood, aoo ..ttich decision shall be conclusive. 2. Areas in Englewood. For aro in consideration of the pranises of Englewood, hereinafter set forth, Sleridan agrees with Englewood that in the event there are fires or other emergencies in the territory served by Englewood ..ttich are beyond the control of the Englewood Fire Department, whether because of use of Englewood equipment at other places, or because of the intensity of the emergency, or otherwise, Sleridan agrees, subject to the linitation hereinafter set forth, to aid and assist Englewood by causing aro permitting Sheridan Fire Department aoo equipment to be used in respoooing to emergencies in the territorial area of Englewood, aoo the need for such aid aro assistance shall be determined by the Englewood Fire Department; subject, however, to the limitation that Sheridan shall be excused fran making its equipnent or service available to Englewood in the event of the prior need of the emergency equipment or need of the manpower within the terri to rial area of Sheridan, or the prior use of Sheridan's equipnent and services at any place, which decision of availability shall be made by the Fire Department of Sleridan, aoo ..ttich decision shall be conclusive. 3. No Olarge. 'llle services rendered by one party to the other are of equal value to the service rendered by the other party, aoo there shall be no charges made by the one party for the services reooered to the other party, except that in the event of equipnent d<111age by reason of the action of the employees of the other party, the liability aro loss shall be determinoo on the basis of the fault or negligence of any employee. If the employee is determinoo to be at fault or negligent, the party employ ing that employee shall be liable for the loss. 4. Normal Efficiency. Each party shall be expected to maintain its equipnent aoo organize its emergency response method with both manpower and equipnent to the degree necessary to cope with the ordinary and routine emergencies arising within its bouroaries aoo for ..ttich the party is organized. Neither party shall expect the other to respooo to emergency calls ..ttere the emergency arises due to a failure to organize available manpower or maintain equipment in proper working order aoo in sufficient quantity to meet the respective demands of the persons and property within each of the party's respective jurisdictions • l I • • r ( • • - II. AUTOMATIC AID 1. Area in Sheridan. It is understood and agreed that an Englewood ~'ire Department truck canp3ny unit will respond fran the Federal Station into Sheridan's response area as part of the initial response through automatic dispatching by dispatch per - sonnel. l:heridan's response area includes the entire City of Sheridan. 2. Area in Englewood. It is understood and agreed that a Sheridan Fire Department punper unit or punper and rescue unit will respond fran the Hcm!il ton Station into Englewood's response area as part of the initial response through automatic dispatching by dis- patch personnel. Englewood's response area inclooes and is limited to all areas located West of and including SOUth Jason Street between West Evans Avenue and West Oxford Avenue, which are within the city limits of Englewood. Ill • VOLUNTEER PROGRAMS 1. Availability of Volunteers. The service of i ndividuals holding rnanberships with either the Englewood Volunteer Fire Department or the l:heridan Fire Department, or both Dej:ertments, shall be available to both Englewood and l:heridan in times of emergency or as otherwise directed by the Chief of the Fire Department of either Englewood or Sheridan. 2. Trai ning. Englewood volunteer firefighters will receive fran the Sileridan Fire Department technical training in fire suppression and medical areas in accordance with current Sheridan requirements, including specific training requirements of the State of Colorado for certification. In order to mainta in coordination with Englewood's p3id firefighters, the Eng l ewood volunteers will attend scheduled training with the Englewood p3id firefighters approximately once a month. This training may be applied to S'leridan's minimi.J!I training requirements. 3. Protective ~ipnent. Members of the Englewood Volunteer Fire Dep3rtment who also serve as volunteers on the Sheridan Fire Department shall be provided all necessary protective equipnent by Englewood . 4. Pension Benefits. Members of the Englewood Volunteer Fire Dep3rtment Who also serve as volunteers on the Sheridan Fire Department shall continue to be entitled to pension benefits p3id by Englewood . VOlunteers lloho terminate their manbership with Englewood and continue or transfer their membersh ip with the Sheridan Fire Department may transfer their pension benefits to Sheridan only as permitted by the laws of the State of Colorado. SUch transferred pension benefits shall be administered in accord- ance with the ordinances of 9'1eridan, the laws of the State of Colorado, and any policies now in effect or hereafter adopted. I • • ( • • • - IV. Ol'HER PROVISIONS 1. TeDDination. Either party hereto may teDDinate this contract without cause upon thirty (30) days prior written notice to the other. 2. Administration. This agreement shall be administered pursuant to such wr1tten agreements as the Fire Oliefs of each party deem appropriate. IN WITNESS WHEREX:F, the parties hereto have executed this Agreement this ___ day of , 1985. CITY OF SHERII».N, COLORADO a municipal corporation By "Ai7Tl~een~'F'.~Ha~rp~lre~------ Omnissioner By~~ .. ~~r==-~'-7 Roger K. steu'iberg, Ouef APPROVID AS ro FOR1: CITY OF ENCL&iOOO, COLORADO a municipal corporation By ~oa=ry::-:R~."""""H~ig""beec-:-:-,--:e:::x--~of7fTir:c:-:.i-::-o City Clerk-Treasurer APPR011ID AS ro FOR1: Eng1ewooa C1ty Attorney l I • • - r ( • ORDINAN:E 00. SERIES OF 198_5_ • • - BY AUTHORITY A BILL FOR 11 8 AN ORDINAN:E AMENDING THE CCMPRE!iENSIVE ZONING ORDI!WCE OF THE CITY OF WGL~, COLORADO, BY REPFALING SEX::TIONS 16.4-12 c (4) All'I'OI1<EILE SALES OR LEASE OOT HCLUDING CCM1EICIAL VEHICLE WREX::K- ING, DISMANTLING OR JUNK YARDS; 16.4-12 c (8) GASOLINE AND OIL SERVICE STATIONS; 16.4-12 c (10) l'DTOR VEHICLE SALES OR LEASE; 16.4-2 c (14) REX::REATIONAL VEHICLE SALES OR LEASE 'lU UCLUDE BOATS, TRAILERS, l'DTORCYCLES AND OTHER REX::REATIONAL VEHICLES; AND ADDING NElol SECTIONS 16.4-12 e (2) SALES LOTS FOR NElol AND USED AUTa1Cl3ILES, MOTOR VEHICLES, REX::REATIONAL VEHICLES, BOATS, TRAILERS, OR l'DTOR- CYCLES; AND 16.4-12 e (3) AI.1KMOBILE SERVICE STATIONS AND ADDING SEX::TION 16.4-12 g (2) DEVELOPMENT IIDJUIREMENTS, SE'IBACI<S. WHEREAS, the Planning and Zoning Catmission has reviewed the B-2 Zone District regulations to deteonine whether or not that section of the Comprehensive Zoning Ordinance adequately reflects the goals of t he City as set forth in the Comprehensive Plan; and WHEREAS, the Planning and Zoning Catmission has considered the B-2 Zone District at public hearing on May 14, 1985 and announced a study sessi on for May 21 , 1985; and WHEREAS, at sa id study session, only one person (a car lot owner) spoke; and WHEREAS, at the study session of May 21, 1985, it was announced there would be further discussion on the B-2 Zone District on June 4, 1985 Planning and Zoning Catmission meeting; and WHEREAS, at the June 4, 1985 discussion, three car lot dealers were present, had been present at the May 14 pub lic hearing, but did not address the Catmission on the B-2 Zone District matter; and WHEREAS, after said public hearing , study session and discussion, the reccmnendation of the City Planning and Zoning Commission to the City Council is that the proposed revisions to the Comprehensive Zoning Ordinance be adopted ; ~. 'lliEREFORE , BE IT ORDAINED BY THE CITY COlJICIL CF THE CITY OF ENGLFlVOOD , COLORADO: 1 I • • ( • • • • Section 1. That the following sections of the Comprehensive Zoning Ordinance be repealed: ~..4-±;a-e-Ht-AI:I~Ue &a±es ~ ±ease Ae4; ~IIS~fl! ~~ YE!Me±e weeMR!-r &i-a!BaR4;±~ ~~yaRn ~4-,l;a-e-f81-Saeeli-Re aA8 &ti, &ePf4ee IM;aQeR&y ~~-e-fl41-Aelnrea4;ieRal ~ &a±es ~ lease H ~liSe 8eH&y fta~~ RIM9£e~T aAS MAeE __ .. MAil! ...eAie±ee-r All other sections under 16.4-12 c are renumbered so as to be consecutive. Section 2. That the following new sections are hereby added to read as follows: 16.4-12 e (2) SALES I:mS FOR N&l MD USED AlJI'Cl100ILES, I'Ul'OR VEHICLES, ROCRFATIONAL VEHICLES, BOII.TS, TRAILERS, OR ~. (a) THE SALE OF ~ AM:> USED AlJI'Cl1001LES, tCI'OR VEHICLES, RB:RFAT I ONAL VEHICLES, 80.1\TS, TRAILERS, OR I'Ul'ORCYCLES AT RETAIL SHALL BE BY A DEALER LICENSED BY THE STATE OF COLORAOO AW SOCH BUSINESS MAY IOCUJDE SERVICE AND AO:ESSORIES, BIJI' SHALL 001' IOCUJDE THE REBUILDING, OVERHAULING OR STEAM CLEANING OF I'Ul'ORS, REPAIRING OR REPAINTING OF BODIES, OR REUPHOLSTERING, EXCEPI' AS A USE IOCIDENTAL TO THE SAID SALES, MD EXCEPI' WHERE ENTIRELY CCN>OCTED IN AN EOCLOSED STROCTURE. RECAPPING OF TIRES SHALL 001' BE PERMITTED UNDER ANY CIRC~AOCES. (b) SITE PLAN SUlliiTTED. THE APPLICANT FOR APPROVAL OF A SALES I:m FOR N&l AND USID Al1l'CJ'KBILES, tCI'OR VEHICLES, ROCRFATIONAL WUCLES, 80.1\TS, TRAILERS OR M<Yl'ORCYCLES SHALL SUBMIT A SITE PLAN AT A OCALE NO 9'1AILER THAN ONE lOCH ~ALS FIFTY FEET (1" = 50') TO THE DEPAR'lMWI' OF CCM-\UNITY DEVELOPMml' IN CONFORHAOCE WITH SEX::TION 16.5-21 OF THIS ORDINAOCE . THIS SITE PLAN SHALL IOCLUDE: * A DRAINAGE PLAN. 2 1 0 I . , ( • (c) • • - * A rAYOt:rr OF THE PORTION OF THE SITE TO BE DEVOTED TO THE DISPLAY AND/OR STORAGE OF INVENTORY, lt-CUJDING, Bt:rr OOT LIMITED TO, NUMBER, TYPE AND/OR SIZE OF UNITS TO BE DISPLAYED OR STORm, THEIR ~~LOCATION IN RErATIONSHIP TO FRONT AND SIDE PROPERTY LINES. THE MAXIMLM NUMBER OF VEHICLES TO BE PERMITTED ON THE UYr SHALL BE POSTED (SEE SEX::TION (d). A MINIMt.M SE'I'BACK OF 12 If'OiES FRa1 ALL PROPERTY LINES WILL BE RD.:lUIREO. * THE LOCATION AND TYPE OF LIGfTING. * SURFACING SPECIFICATIONS. * A LAN!:>S:APING PLAN IN CONFORMAOCE WITH SEX::TION 16.4-18 OF THIS ORDINANCE. * DESIGNATION OF PARKING SPACES FOR EliPLOYEES AND aJSTCMER.s IN CONFORMAN:::E WITH SEX::TION 16. S-5 OF THE ORDINANCE. * THE PROPOSED SIGNAGE (SEE SEX::TION 16.4-19 OF THIS ORDINANCE) • * THE LOCATION, TYPE AND HEIGfT OF FEOCING, IF ANY (SEE SEX::TION 16.4-17 OF THIS ORDINANCE). * ANY OTHER INFORMATION WHICH WILL FACILITATE THE REVIFlV OF THE APPLICATION. IN REVIFlVING THE SITE PLAN AND 1\0XMpANYING ~TA, THE PLANNING CXHiiSSION SHALL ALSO CONsiDER THE FOLI:.<MING: (i) LIGfTING SHALL BE DIREX::TEO SO THAT THE BEAM, IF ANY, SHINES ON THE PIID1ISES. ( ii) THE DRAINAGE PLAN AND SURFACE AT GRADE HAS BEEN APPROVED BY THE DEPAR'IMENT OF ENGINEERING SERVICES. (d) THE MAXIML.t1 NUMBER OF At.rfa100ILES, ~R VEHICLES, RECREATIONAL VEHICLES , flOI'.TS, TRAILERS , OR ~RCYCLES AL!.GJED FOR ALL PURPOSES SHALL BE SPECIFICALLy APPROVED ON THE SITE Pf.AN, AND THE MAXIMt.M Nli1BER OF SAID VEHICLES PERMITTED ON THE PREl1ISES SH1'ILL BE POSTED IN A CONsPICUOUS SPOT ON THE PREl1ISES. M.':>RE THAN THE PERMITTED MAXIMlt1 NUMBER OF PARKED OR STANDING VEHICLES ON THE SITE SHALL BE A VIOrATION OF THIS ORDINANCE. 3 • I • ( • • • - (e) APPROVAL OF CONDITIONAL USE. (i) APPROVAL OF THE SALE OF NrltJ AND USED Al.J'I'(l1(BILES, t-DTOR VEHICLES, RR:RFATIONAL VEHICLES, BOA.TS, TRAILERS, OR t-DTORCYCLES SHALL BE COMHTIONAL IN C£MPLIMCE WITH THE FOREroiNG REXJUIREMml'S. (ii) THE COM:liTIONAL USE MAY BE AMEWED FRa-1 TIME 'ro TIME AS REXJUESTED BY THE CJolNER OF THE PREMISES IN THE SAME MANNER AS A tiDi APPLICATION FOR CONDITIONAL USE. (f) APPLICABILITY OF THIS ORDINAOCE. THE PROVISIONS OF THIS SfrriON SHALL BE ~ED BY ALL NEl'J USES FOR THE SALE OF tiDi OR USED AlJI'(J1(EILES, t-DTOR VEHICLES, REX:RFATIONAL VEHICLES, BOA.TS, TRAILERS, OR I'DTORCYCLES, AND UPON Cl'lNERSHIP CHANGE FOR ANY SALES WT OR BUSINESS AFTER THE EFFfrriVE Dl\TE OF THIS ORDINAOCE. WHEN THERE IS A CHANGE IN Cl'lNERSHIP OF A SALES WT OR BUSINESS WHICH HAS BEEN APPROVED AS A CONDITIONAL USE, THE NrltJ CMNER SHALL APPEAR BEFORE THE PLANNING CXHiiSSION 'ro REAFFIRM THE CONDITIONS OF THE APPROVED CONDITIONAL USE. (3) AUTCJ10BILE SERVICE STATION STANDARDS. THE FOr.I.OOING PERFORMAOCE AND DEVELOI:'M.Et'll' STANDARDS SHALL APPLY 'ro ALL PERMITTED Al.l'I'CtiCBILE SERVICE STATION USES. (a) USES PERMITTED. AN AUT<liOBILE SERVICE STATION SHALL BE A RETAIL PLACE OF BUSINESS ~GED IN THE SALE OF I'DTOR FUELS AND IN SUPPLYING OOOOS AND SERVICES GENERALLY REXJUIRED IN THE OPERATION AND MAINTENAOCE OF All'l'(M)TIVE VEHICLES AND THE FULFILLING OF I'DTORISTS I NEEDS. MAJOR AlJI'(MOI'IVE REPAIRS, PAim'lNG, BODY AND FENDER WORK ARE PROHIBITED. (b) BUILDING LINE REG.JLATIONS. BUILDING SETBACK LINE FOR ALL STROCTURES SHALL BE 'lWENl'Y (20) FEET FRCM THE ULTIMATE STREET RIGHT-OF-WAY LINE, EXCEPT CANOPY ROOFS OVER PUMP ISLANDS AND LIGiTING FIXTURES MAY BE CAm'ILEVERED 'ro WITHIN FIVE (5) FEET OF THE ULTIMATE STREET RIGIT-OF-WAY LINE. (c) EXTERIOR DISPLAYS AND TRASH AND STORAGE. NO DISPLAYS OR S'roRAGE OF MERCHANDISE, AUT<liOBILES, PARTS OR REFUSE SHALL BE LOCATED CLOSER THAN 'IWENI'Y (20) FEET FR<l-1 THE ULTIMATE STREET RIGHT-OF-WAY LINE, AND ALL TRASH AND REFUSE SHALL BE S'roRED IN A BUILDING OR WITHIN AN ARFA FK:LOSED BY A WALL AT LEAST SIX (6) FEET HIGi. 4 • 1 I • • r ( ( • • • • (d) LIGiTING. ALL LIGITING SHALL BE DESIGNED AM:> LOCATED SO AS TO ON'INE DIRF.Cl' RAYS TO 'lliE PRfl'o!ISES. (e) OUTSIDE ACTIVITY. ALL ACTIVITIES, Ol'HER THAN 'lliE SALE CF t«>TTR FUELS AMl 'lliE OOR1AL SERVICES ItCIDENTAL THERETO, ARE PROHIBITED OOI'SIDE CF 'lliE MAIN BUILDING. (f) OCREmiNG. A MASONRY WAIL SHALL BE INSTALLED AN:> MAINTAINED AWNG PROPERTY LINES WHERE 'lliE PRfl'o!ISES ABllr A RESIDENTIAL AREA. S{£H WALL SHALL HAVE A TOTAL HEIGiT CF 001' LESS THAN SIX (6) FEET, EXCEPI' WITHIN 'lWDITY (20) FEET CF ANY ULTIMATE STREET RIGiT-OF-WAY LINE, WHERE 'lliE HEIGiT SHAIL BE 001' LESS THAN THREE (3) FEET NOR !'l>RE THAN THREE AW ONE-HALF (3 l/2) FEET. (g) LANDSCAPING. A LANDSCAPE PLAN IN COOFORMAlCE WITH 'lliE LANDOCAPE ORDINAlCE SHALL BE SUBMITTED WITH THE APPLICATION FOR THE CON:liTIONAL ~E. ~t Motor vehicle Repair businesses, not inclooing body or (4) fender work, dismantling or collision repair, and provided that: (e) LAWSCAPING. A ~PE PLAN IN CONFORMAN::E WITH THE LANDSCAPE ORDINAlCE SHALL BE SUBMITTED WITH 'lliE APPLICATION FOR THE CONDITIONAL ~E. ~t Motor Vehicle Laundry or Polishing business, which shall (5) canply with the following conditions: (e) LAWSCAPING. A LANDSCAPE PLAN IN COOFORMAN::E WITH THE LANDSCAPE ORDINAlCE SHALL BE SUBMITTED WITH THE APPLICATION FOR THE CONDITIONAL ~E. +4t Amusement establisl"ments inclooing, but not limited to, (6) billiard halls, bowling alleys, coin-operated games, dance halls, electronic or video games, night clubs, outdoor commercial recreational facilities, pool halls or skating rinks. 16.4-12 g. Development Requirements. (2) SE'mACKS. (a) MINIMlM SE'mACK FOR NOtCORNER LOTS SHALL BE TEN (10) FEET. 5 I • • ( • • • • (b) CX>RNER LOTS SHALL HAVE r«Yr LESS THAN A FIVE-FOOT (5') SE'IBACK THE FIRST ONE HUNDRED (100) FEET FR<M THE CX>RNER. K>RE THAN ONE HUNDRED (100) FEET FRCM THE CX>RNER SHALL HAVE A TEN-FOOT (10 I) SE'IBACK. (c) WHERE A PROPERTY ZONED B-2, BUSIN&SS, ABlJI'S UPON ANY PROPERTY ZONED "R" RESIDEm'IAL DISTRICT, THE RESIDEm'IAL FRONT YARD ~IIUMENr <F THE ABUM'ING RESIDEm'IAL DISTRICT SHALL APPLY TO 'IHAT PORTION <F THE PROPERTY IN THE B-2 BlEIN&SS DISTRICT EXCEPl' AS TO SIDE YAROO ON CORNER LOTS. Section 3. PUblic Hearing. In accordance with Section 40 of the City Charter, the City Council shall hold a public hearing on this Ordinance, before final passage, at 7:30p.m. on l't>rrlay, August 5, 1985, in City Council Chambers, 3400 s. Elati Street, Englewood, Colorado. Introduced, read in full, and passed on first reading on the 5th day of August, 1985. PUblished as a Bill for an Ordinance on the 7th day of August, 1985. Attest: Eugene L. Otls, Mayor ex off1c1o 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 canplete copy of a Bill for an Ord i nance, introduced, read in full, and passed on first reading on the 5th day of August, 1985. Gary R. H1gbee 6 1 I • • - ( c • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE ..Jun p 2 6 'IJl_B_j_ AGENDA ITEM Jib SUBJECT Proposed Amendments to the Com- prehensive Zoning Ordinance , §16.4-12 B-2 Business nistrict INITIATED BY City Planning and Zoning Commiss i on ACT I ON PROPOSED Receive the r ccomm<'ndat ion of the Planning Commission relative t o ce rt a in. amendments _li> the Comnrehensive Zonin_R Ordinance an d reQ uest the Ciu_ _A_tt.Q.rnev to oreoare Ordinances in .. 2T~arat ion of a Public HeariQ&.. INTRODUCTION AND BA CKGROUND: At the request of the City Council, the Planning Commission has r eviewed the B-2 , Business District regulations to determine wheth e r or n ot they impose adequate re- quirements for new and used car sales lots to minimize th e negative impact of those businesses on adjacent resid e ntial areas and t o rev erse th e appearance of deterioration that is intruding into the B-2 Zone District , most especially along South Broadway. The Comm ission members have given considerable thought to this is . ue, including the testimony received at the Public Hearing, statements ~ade by car dealers at s ubse- quent public meetings, information ob tained from commercial insurers, and fro m other jurisdictions and the staff r eport, all of which has formed the basis for their de- C1Ston . Members have also driven th e Broadway area, paying particular attention to development along its length, and several members have driven through other juri dic- tions to compa r e the d v lopment along South Broadway in Englewood with that in Denver, Lakewood, Aurora, and Littleton. The Planning Commission members conclud d t hat all automob ile-related business s can have similar effect upon adjacent uses for the following reasons: --The us typically generate a fairly high v ol ume of traffic from custom~rs and employees and usually rely upon adjacent streets for parking. --The layout of th property and th structures have quite of t en been desi~ned for other uses and do not adequately accommodate the aut o-relat<'d use. --The lots are n ot always properl y deRigned and surfa ced t o accommodate runoff from washing the cars, and the water ponds in th e all<'ys. --TIIP uRe of the car sale lots is t yp i cally maximized with inadequat e room for emergency access and maneuvering of inventory without using adjacent ri rht-of-way . --TI1C' ownl'rs/operators have not mad<• an <'ffort to c-ompl • with minimal lan d,c-aplnr r.quin•m<'nto; and tl.1 user. dt ·trnn frc:. rnt!.f'r t"~n furthc•tin~·. tlw dt·!,Jrt .. l ima[;l· tn h< cr<'atul al o ng So uth 1;}.,_,,:.•.1·, l·.'ldr'• I• •f'l f ·~lt h in t ht· C"Pmpt.'·<n ~IV(' 1'1 Ul ·. • I • • ( • • • - -2- \Jfth these is sues in mind, th e Planning Commiss i on is of the o pinion that all aut o - mo bi l e /vehicl e r ela t ed us e should be permitted only as a Condit ional Use in th e B-2 Business District. Aut omobile car l aundr ies and p ol ishing bus inesses and motor re- pair businesses have be en Conditional Uses for some time . The Commission woul d recom - mend that sales lots and filling stations also be permitted only as a Conditional Use . In t his wa y , ea ch specifi c automobile/vehi le-related business will be considered at a spec ific lo cation and any f oreseen or antici pat e d problems can be addressed and resolved befor e th e us e is approved. The provisions would apply to all new sales lots and upo n a chang e of ownership for an y sales lot or business after the effective date of the Ordinan ce . If the sales lot appro ved as a Conditional Use were to be sold, t he n ew owner wo ul d have t o reaffirm com pliance with any conditions i mposed at the tim e o f the initial approval. To this end , t he f ol lowing s ections of the Com preh e nsive Zoning Ordinance would be repealed: §1 6.4-12 c (4) Autom ob ile sales or lease not including commercial vehicle wr ec king, dismantling or junk yar ds, §16.4-2 c (8) Gasoline and oil service stations, §16 .4-12 c (10) No t o r vehicle sales or lease, §16.4-12 c (14) Recreational vehicle sales or lease t o include boats, trailer, mo to r cyc les a n d o t he r rec r e atio nal vehicles. A new §16.4-12 e (2) Sales lots f or new and used au tomob iles, mo t o r vehicles, r ecre- ational vehicles , bo ats, tra ile rs, o r mo t o r cycl es , and §16 .4-12 e (3) Automob ile se r vice stations, wo uld be adopted. Section 16.4-12 e (2)(b) and (c) set forth information to be provided with th e site plan at t he time of application for the sales lot Conditional Use and the ma tt ers t o be speci fi c ally consid e red by the Com- mission when review ing th e site plan. Sec tio n 16.4-12 e (3 ) als o ci tes specific c rit eria for service stations. The r e are some issues wh ich t he Planning Commission f eels should apply t o all businesses in th e B-2 Zone District , not just t o sales lots. These in clude r e- strictions r elative to fencing alo ng street frontag es , the percent of landscaping to be in the front of the lot and setbacks . As to fencing and landscaping, the Co mmis sion members are of t he opini on that a ny am e ndments should b e address ed in §16.4-17, Fences and Retaining Walls , and §16.4-18 Landscape Ordinance, as they would apply to all bus inesses rather th an in the B-2 Zone District as they would apply to one specific use. The Commission has initiated these changes and wil l con-sider them at Public Hearing. A to setbacks, the Commis ion would r ecomme nd that a new s ec tion, §16.4-12 9 (2) Setbacks, sub-sections (a) and (b) be added, which would r equi r e a minimum setback for any building of 10 feet on non-corner lots and a mi nimum setback of f ive (5) f eet for the first 100 feet from the corner on a corne r lot , and 10 feet for any fron ta ge in excess of the 100 feet. Becaus the Comprehensive Zoning Ordinance already includes requiremen ts for the sur- facing of sales lots, minimum off-treet parking requir eme nts and signage , the Com- mission members did not feel it was ne e ssary to address those issues specifically in th e B-2 regulations relative to sales l o ts. To do so could create a po int of conflict between the different secti on and make enfo r cemen t difficult. The Planning Commission consid red th,• atta c h£d r ev ision o f the B-2 Business Dist r ict at a Public Hearing held on May 14 , 1985 , und a t two subsequent meetings , and have vOlt-I to Sl•nd the propo ;•d an ,;•ntlme nu, t n llw B-2 l>usl n es>; Distrlct regul allon!' l •> tile CJty C0un 11 for its Cl>I H.itl<•rnt1 o n. • I • ( • • • • -3- Th e findings of Fact were considered by t he Planning and Zoning Commission at their mee ting on June 18, 1985, and it was the decision of the Commission tha t these Fin dings of Fa c t should also be accepted and referred to City Coun cil. RECOMMENDATION: After giving careful consideration t o the drafting of the proposed amendments to the B-2 Zo ne District regulat ions, and after considering the proposed regulations at a public hearing and at two subsequent regularly scheduled meetings, it is the opinion of th e Commission that the City Co un cil should give c o nsideration to th e proposed amendme nts t o the B-2 Business Zon e District regulations. The members of the Commis- sion further recomm e nd that the City Attorney be requested to prepare an ordinance f o r the proposed 'amendments t o the Comprehensive Zoning Ordinance, and that a Public Hea ring be sche duled t o consider the proposed amendments to §1 6.4-12 of the Compre-hensive Zoning Ordinance. ATTACHMENTS: 1. The B-2 Zone District regulations as propos e d to be amended. 2. The Findin gs of Fact f o r the June 18, 19 8 5 mee ting. 3. The Mi nutes of the June 4 meetin g. 4. A memorandum to the Commission r egarding regulations from other communities. 5. The Findings of Fact for the May 14, 1985 Publ ic Hearing. 6. The Minutes of the May 14, 1985 meeting. 7. The Minutes of th e May 7 , 1985 meeting. 8. The Minutes of the April 16, ·1 985 meeting. 9. Memo dated April 8, 1985 from P e ter Va r ~as to the Planning Comm is sion, with attached memo from D. A. Romans t o Pete r Va rgas (complete). THIS COUNCIL COMMUNICATION WAS PREVIOUSLY SEN T IN THE JULY 1 , 1985 CITY COUNCIL PACKET, ITEM 11 (a). PLEASE REFER TO THAT PACKET FOR COPIES OF AT TACHMENTS . SUGGESTED ACTION : MOVED BY ______________ _ SECOND _____________________________ ___ YES _____________ NO ____________ -JBSENT __________________________ __ • I • • h., • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM .lulv 27 198S /1 ~ SUBJECT Request to vacate Miramonte Road (South o f West Belleview A oo n ;ot ;,n"~' ·<~~~ol Sn oth nol ~~ oro C:t ) INITIATED BY Ci ty Planning and Zoni ng Commiss ion AC TI ON pROPOS ED __ A_p'-p'--ro_v_e_a_B_i_l_l_f_o_r_o_r_d_i_n_a_n_c_e_v_a _c _a_t _i n_;g:::.__t_h_e_r_i_:g:._h_t_-_o_f_-_w_a..:.y_f_o_r __ Miramo nte Road, retaining a 20-foot wid e utility easeme nt there in. INTRODUCTION AND BAC KG RO UND : The Miramonte Subdivis i on wa s ap proved and r eco rde d in 1952 by the Arapahoe Cou nty Commissioners upo n the applicatio n of Dr. W. H. Bashor . Dr. Bashor's land was o n the sou th side of West Belleview Avenue at app r ox imately South Delaware Street, and Dr. Bashor and his son ow ned the e ntire subdivision , which was approximately 5.5 acres in area . Dr. Bashor 's family has continued to own the property and to live in the three home s on the property until 1985 , at which time th e e nt ire subdivision was sold to Sanford K. Hetzel. Mr. Hetzel has cleared th e property and will i ncorp o ra te it i nto an assemblage of several o ther parcels for a high-den sit y re s idence development . The preliminary site plans are being prepared at this time , and the right-of-way for Mi ramo nte Road is proving to be a co nstraint in the development of a desirable site plan a nd Mr. Hetzel has, therefore , reques t ed the va cation . The access to and within the Hetzel development will be conside red as par t of the a pproval o f the Development Plan. There is an existing eight-inch (8") water main located in the right-of-way which loops th e water system from West Lehow Avenue to West Belleview Avenue . A 20-foot easement must be retained for this water line until it is determined whether or not the line will be relocated within the site. If the line is relocated, it will be done to City specifications at the developer's expense, and the easement can be vacated. RECOMMENDATION: The members of the City Planning a nd Zo ning Commission find that there is no public purpose to be served by retaining the right-of-way for Miramont e Road, and recommend that it be vacated, retaining an easement for an existing ei ght inch (8") water lin e , which easement is described as follows: An easement being 20 feet w1de, 10 feet on each side of the following described centerline: Beginning at the Northwesterly corner of Lot 14 , MIRAMONTE SUBDIVTSION, a subdivision plat recorded in the Clerk & Recorder 's Office o f Arapahoe County ; thence Easterly along the Northerly line of sai d Lot 14 and along the Southerly line of West Belleview Av nue 145. 3 feet to the True Point of Beginning; thence Southerly • I • ....... • • • • .. -2- and parallel with the Easterly lines of Lots ll -14 inclusive , MIRAMONTE SUBDIVISION, 418 feet; thence on a deflection angle to the left of 8°30', 266 feet; thence on a deflection angle to the left of 13°00', 120 feet more or less to the Point of Terminus, said easement to be vacated upon relocation o f the water line and new easement con- veyed to the City of Englewood (if needed), all to the satisfaction of the Ci ty of Englewood. SUGGESTED ACTION: MOVED BY ____________________________ ___ SECOND ________________________________ __ YES ____________ ~.O ------------~BSENT ________________________ ___ • I • ( ST AFF REPORT Pag e -1- STAFF REPORT RE: • • - RI GHT -Of -WAY VA CATIO N Cas e 11 17-85 A request for t he va cation of Miramonte Ro ad. NA.'!E AND ADDRE SS OF AP PLICANT/OWNER: Sa nf o rd K. Metz e l, P r e sid ent 3773 Cherry Cr eek Driv e No r th -Su it e 535 Denver, Colorado 80209 DATE TO BE CONSIDERED: Ju l y 16, 1 9 85 ZONE DISTRICT: R-3, High Density Resid e n ce Distric t LOCATION OF PROPOS ED VACATION: Th e right-of-way proposed t o be vacated is four blo c ks west of South Broadw ay and intersects with West Bell eview Avenue on the north. PROCED URE TO BE FOLLOWED: If th e Commi sian finds that there is no public purpose to retain th e right-of-way, the Planning Commi ssion's recommendatio n will be re- ferred to City Council f or its a c tion on th e requested vacation. DESCRIPTION OF REQUEST: Mr. Metzel propose to construct a multi-family development on the south sid of We t Belleview Avenue. The west portion of the sit is bisected by th e right-of-w ay for Hiramonte Road, and Mr. M tzcl i re- questing that the City vacate th at right-of-way. Mr. Metzel has purchased the entire Miramonte Subdivision, bS well as property adjoining on the east , and from the preliminary site plan di cussions, the existing right- of-way will not b e necessary to provide access to or within the propos d development. The specific access, both to a nd within the development, will be con idered by the Planning Commission as part of the Development Plan in the preliminary design stage. DESCRIPTION OF SUBJECT SITF. AND SURROUNDING AR EA: The subject 1t is on the west and north sides of thP South Slop Condominium , and on lh bOuth sid of West Belleview Ave nu To the I • • ( • STAFF REPORT Page -2- • • - RIGHT-O F-WAY VACATION Case 1117-85 west of the subject site, there is a single-family devel o pment along South Elati Drive. To th e north of the site across Belleview, there is also a single-family residentia1 de ·~elopme nt. The subject site is approximately 10 acres in area, and includes an assemblag of property acquired from at least fiv e property owners. As stated earlier , Mr. Metzel will be filing a Planned Development f o r Planning Commission and City Council considera- tion. The houses and other structures that had been located on this site hav e been rem oved . CO~rnENTS FROM OTHER DEPARTMENTS: The request was referred to the Fire De partment, Engineering Services, Utilities Department, Building Division , and Public Wo rks. With the ex- ception of the Utilities Department, no concerns relative to the vacation request were receiv ed. The Utilities Department response stated that there is an 8" water main looping the water syst em from Lehow Avenue to West Belleview Avenue, which must be retained in an easement no less than 20 feet in width. If, because of the design and layout of the site, it would be necessary to relocate the 8" main, it could be relocated at the developer's cost, but to City specific ations. The water service in the existing 8" line could n o t be interrup ted until the replacement water line is constructed and operating. RELATIONSHIP TO THE COMPREHENSIVE PLAN: The 1979 Generalized Land Use Plan designates this area as high density residential, so the development will be in conformance with the Plan. DEPARTMENT OF COMHUNITY DEVELOP~IENT ANALYSIS AND RECOHHENDATION: Because the 8" water line appeared t o be an issue, the Planning Division arran ged a meeting betwe en Mr. Me tzel, Stu Fonda and Kay Roberts of the Utilities De p artme nt, and t he Planning Staff. The Utilities De- partment staff agreed that th e Miramo nt e righ t-of-way c ould be vacat e d if a 20' water eas e me nt which wo uld pro t e ct the existing 8" water line is granted to the City by Mr. Metzel. If it is determined to be necessary to relocate the lin e during the preparation of the Planned Development documents, the locatio n would be established and an easement given for the relocated line. The new water line would have to be designed and installed to City s p ecifications before the existing water line can be shut off and the water easement va c at e d. Mr. Metzel agr ed to dedicat e a 20' easement for the water line to the City, with the stipulatio n th a t th e wat e r line easement will be vacated upo n th e relocation o f th e wat e r line an d th new eas e me nt conveye d to the Cit y . This w!Jl s ;1li f y t lot c o n tro o f th -ll tiU ii £·~ n,•partn•e nt . I • • - • • STAFF REPORT Page -3- • • • RIGHT-O F-WAY VACATION Cas e 1117-85 The design of the 10-acre site is in the preliminary stage, and it appears that the location of Miramonte Road could be detrimental to the overall site plan d es ign. The developer is requesting the street vaca- tion at this time in order that the site plan can be designed more ef- fectively. Access to the site and internal access will be designed and reviewed by the Planning Commission during the Planned Development pro- cess. Mr. Metzel has commi tted to dedicating the 20 foot easement in o rd e r to pro tect th e existing water line until, and if, it is relocated. It is the Planning staff r ecomme ndatio n t o vacate the Miramonte Road right-of-way, retaining the 20' easement. Attached is a drawing and legal description of the easement, and a letter from Mr. Metzel requesting the vacation. (Legal description is on the enclosed bluel ine plan.) gw 7/11/85 • I • • • - 0 2077103 •• ,0 • ... ,, .. vr -..... e:w '"· -.v-I •I ll ..... --·•!· • -··! .F ou t ; "' I! J . i ~ ... ~ ou ...,. i Subject $ite ou • ' ' -.i. I ... €) ' ... • •• :-, ..• -... C l o .... _ >-· J <(• 010 3:! Q l <(; O i _ _.., __ L o .. cr -,,I CD ! ® I CIJ : I I .. , . ., .... - ..... , .......... J • O.t '"'·- . . . ~ fo"'"'•"'•l @ ... ,_-:.!'_, e~ ~ j .... 0>1:> , .. , __ , ~ ---..... _ IC .,,. ·~-...., ... ~M-~1·11 ~ au.a-...oc o , o•• .. I .u~ ~; O•o ':1 ( ... .I • '- ......... ·-· i.• ~ ~ 011 9 ) ~ •• ~, ., 'd ........ ,. Oo4 ON CIOII 1>04 ..,, .... ~. ... • I .I • b - ( \ • • • SANFORD COMPANIES 3773 CHERRY CREEK DRIVE NORTH, SUITE 535 DENVER , COLORADO 80209 SANFORD K . METZEL PRESIDENT ~ • REAL ESTATE • CONSTRUCTION o DEVELOPMENT Dorothy Romans c/o City of Englewood 3400 S. Elati Englewood, CO 80110 July 8, 1985 RE: Application and Request to Vacate Miramonte Road Dear Dorothy: This letter will confirm my request to the City of Englewood to vacate the street known as Miramonte Road, located within Miramonte Subidivision, at approximately 400 W. Belleview Ave. I am in the process and preliminary stages of development for this site and find that I cannot design and I am unable to proceed with any architectural solution due to the effect of this roadway. Furthermore, this street serves no public purpose and is not a thoroughfare to Lehow Avenue. As the sole owner of Miramonte Subdivision and the adjoining eastern property, I believe it is in the best interest of the community and surrounding neighborhood to vacate this road. Please review the above application and request with the vari- ous state and local agencies and let me know your decision as soon as possible. Very truly yours, ~~\cf).~~) Sanford K. Metzel SKM/el cc: Sue King • 1303) 388-0907 I • • ( • ORDINAOCE NO. SERIES OF 198-5- • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 55 INTROOOCEQ BY COUOCIL MEMBER . t J tiu.-j r£c..-- AN ORDINAOCE VACATING MIRAMONTE ROAD RIGiT...QF-WAY AND OOTAINING A 20-FOOT-WIDE WATER EASEMENT IN MIRAMONTE SUBDIVISION AND PROPERTY ADJOINING ON THE EAST. WHEREAS, the owner of Miramonte Subdivision as well as property adjoining the subdivision on the east proposes to construct a multi-family development on the site; and WHEREAS, subject site is on the west and north sides of the South Slope Condaniniums and on the south side of West Belleview Avenue; and WHEREAS, said owner will be filing a Planned Development for Planning Commission and City Council to consider; and WHEREAS, the existing right-of-way will not be necessary to provide access to or within the proposed development; and WHEREAS, there is presently an 8-inch water line looping the water system fran r.ehow Avenue to West Belleview Avenue which needs to be protected; and WHEREAS, owner has agreed to dedicate to the City a 20-foot- wide easement for the water line with the stipulation that the water line easement be vacated upon the relocation of the water line and a new easement conveyed to the City; ~. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section l. 'nlat the right-of-way of Miramonte l«>ad in the Miramonte Subdivision in the NW 1/4 of NW 1/4 of Section 15, Township 5 South, Range 68 West, as shown on the Miramonte Subdivision Plat filed with the Arapahoe County Clerk and Recorder in Plat Book 10 at page 82, Receiption No. 490490, be and hereby is vacated. Section 2. 'nlat a 20-foot-wide easement for the water line looping~-wGIEer system from Lehow Avenue to West Belleview Avenue be granted as set out in attached Grant of water Line Easement incorporated herein by reference. • I • • n - • ( • • • • Section 3. 'lbat the Mayor and ex officio City Clerk- Treasurer are hereby authorized to sign and attest said Grant of water Line Easement for and on behalf of City Council and the City of ~lewood. Introducoo, read in full, and passed on first reading on the 5th day of August, 1985. Published as a Bill for an Ordinance on the 7th day of August, 1985. Attest: Ellgene L. otis, Mayor ex off1c1o C1ty Clerk Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of ~lewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of a Bill for an Ordinance, introduceJ, read in full, and passe:3 on first reading on the 5th day of Augus t , 1985. Gary R. H1gbee • l ' I I • - r ( • • • GRAm' OF WATER LINE EASEMENT THIS GRANT of a ..ater line easement (this "Grant") is made this day of , 1985 by SANFORD K. METZEL, Sole Proprietor of Sanford K. Metzel, d/b/a Sanford Canpanies, a sole proprietorship, ("Grantor") .tlose address is 3773 Cherry Creek Drive North, Suite 535, Denver, Colorado 80209, in favor of the CITY OF ENGLEWOOD, COLORAOO , ("Grantee") .tlose address is 3400 South Elati Street, Englewood, CO 80110; The parties covenant and agree as follows: 1. Easement Property. The "Easement Property" shall mean the real property located in the County of Arapahoe, State of Colorado, more particularly described as follows: A 20-foot-wide strip, 10 feet on each side of the following described centerline: Beginning at the Northwesterly corner of Lot 14, MIRAMONTE SUBDIVISION, a subdivision plat recorded in the Clerk and Recorder's Office of Arapahoe County in Plat Book 10 at page 82, Reception No. 490490, thence Easterly along the Northerly line of said Lot 14 and along the Southerly line of West Belleview Avenue 145.3 feet to the True Point of Beginning; thence Southerly and parallel with the Easterly lines of Lots 11 through 14, inclusive, MIRAMONTE SUBDIVISION, 418 feet; thence on a deflection angle to the left of 8o30 ', 266 feet; thence on a deflection angle to the left of l3oOO', 120 feet more or less to the Point of Terminus. Said easement to be vacated upon relocation of the water line and new easement conveyed to the City of Englewood, if needed, all to the satisfaction of the City of Englewood. 2. Consideration. As consideration for this Grant, Grantee has paid Grantor the sum of One Dollar ($1.00) and other good and valuable considerat ion, the receipt of which is hereby acknowledged by Grantor. 3. Grant of Water Line Easanent. Grantor hereby grants to Grantee, its successors and assigns, a perpetual, nonexclusive easanent (the "Water Line Easement") over, under, across and through the Easement Property for the purpose of constructing , operating, maintaining, repairing, replacing, ranoving and enlarging the "Lines and Appurtenances ", as hereinafter defined. The "Lines and Appurtenances" shall mean one or more water pipelines and all necessary underground and surface appurtenances thereto necessary or des i rable for the transmission of water, including, but not limited to, mains, conduits, vaults, ventilators , electric or other control systmes, cables, wires a nd connections. 4. Access. Grantee shall have the perpetual, nonexclusive right of ingress and egress i n, to, over, through and across the Easement Proper ty for any purpose necessary or desirable for the full enjo}ment of the rights granted to Grantee under this Grant • • I • • ( • • • - 5. Restoration. GI:antee agrees that after the construction, maintenance, repa1r, replacement, or enlargement of any of the Lines and Appurtenances, GI:antee shall restore the surface of the Easement Property as nearly as reasonably possible to the grade and condition it was in inmejiately prior to said construction, maintenance, repair, replacement, or enlargement, except as may be necessay to accommodate the Lines and Appurtenances. GI:antee agrees to restore and repair any improvements of GI:antor on the Easement Property which are dcnaged, modified or altered by GI:antee during said construction, maintenance, repair, replacement or enlargement. GI:antee 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, repa ir , replacement or enlargement, at GI:antee's sole cost and expense. 6. No Improvements. GI:antor 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 GI:antee. "Improvements" shall mean any structure or building. GI:antee shall have the right to remove, without any liability to GI:antor, any improvements constructed, erected, placed or planted on the Easement Property without GI:antee's having obtained the prior wd tten consent of GI:antor. 7. Slbjacent and Lateral SUpe;rt. GI:antor covenants and agrees that GI:antee Shall have thenght 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 GI:antee under this GI:ant. 8. Rights of GI:antor. GI:antor reserves the full right to the undisturbed ownership, use, and occupancy of the Easement Property insofar as said ownership, use, and occupancy is consistent with and does not impair the rights granted to GI:antee in this GI:ant. 9 . Abandorn~ent. In the event that GI:antee shall abandon the rights granted to it under this GI:ant, all right, title and interest hereunder of GI:antee shall cease and terminate , and GI:antor shall hold Easement Property, as the same may then be, free from the rights of GI:antee so abandoned and shall own all materials and structures of GI:a ntee so abandoned, provided that GI:antee shall have a reasonable period of time after said abandorment in which to remove any or all Lines and Appurtenances from the Easement Property. In the event that Easement is abandoned by GI:antee, GI:antor shall have the right, at its sole option, to require GI:antee to remove or neutralize a ny improvements constructed in the Easement by GI:antee. 10. warranty of Title. GI:antor warrants and represents that GI:antor is the fee simple owner of the Easement Property and that GI:antor has full right, title and authority , that this GI:ant is effective to grant and convey to GI:antee the water Line Easement, -2- • 1 I • • r ( ( • • • • and that this Grant of an easement is superior to all other grants. Grantor further covenants and agrees to indemnify, defend and hold Grantee harmless from and against any adverse claim to the title of the Easement Property by all and every person or persons lawfully claiming or to claim the whole or any part thereof. 11. Binding Effect. 'Ibis Grant shall extend to and be binding upon the heirs, personal representatives, successors and assigns of the respective parties hereto. 'lbe terms, covenants, agreements and conditions in this Grant shall be construed as covenants running with the land. IN WITNESS WHEREX:>F, the parties hereto hae executed this Grant of water Line Easement the day and year first above written. Sl'ATE CF a:>u>RAOO ss. COUNTY CF ------ ~R: SMFORO K. METZEL, d/b/a SIUFORO CXMPANIES, a sole proprietorship By ~san~rro-r~d~K-.~He~t-ze~r-------- Sole Proprietor .1\ck:nowledged before me this day of , 19 by Sanford K. Hetzel as sole propnetor of SIUFORD K. METZEL, d/67a SANFORD CXMPAN I ES, a sole proprietorship. My COmm ission expires: -3- • !t>tary PUblic Jlddress: I • - ( • ( • • • • GRANI'EE: CITY <F mGL&lOOD, COLORADO Att est: ~-=----~~~~~----Fllgene L. ot1s, Mayor ex off1c1o C1ty Clerk-Treasurer STATE CF COLORADO COUNTY OF ARAPAHOE ss. Acknowledged before me this day of , 19 by EUgene L. otis as Mayor and Gary R. Higbee as ex offlc1o City Clerk-Treasurer of the City of Englewood, COlorado. My Commission expires: -4- • Notary Publlc 3400 s. Elati Street Englewood, co 80110 l ' l f I • • • • •' • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJE'CT July 23 , 1985 Ill Ordinance Amendment INITIATED BY Robert R. Holmes , Chief of P ol ice ~~~~ ._____...... ) '--"' '--" ACTION PROPOSED Amendment of Sections 7-2-3 and 7-2-A (D) of the Englewood Municipal Code , 1985 Introduction The amendment to Sections 7 ~2-3 and 7 -2-4 (D) of the Englewood Muni- cipal Code will provide for disposition of proceeds obtained fr om the sale of lost, abandoned or confiscated property. ~· ackground Information The ?resent Englewood Municipal Code , 7 -2-4 (D), provides for the proceeds fr om the sale of los t , abandoned o r unclaimed property to be transferre d t o the police retirement fund . With t he changes occurring in t he state Fire and Police Pens i on Association and new provisions f or local agencies to develop mone y purchas e plans , the City of Englewood will benefit more if t hese funds are credited directly t o the city gene ral fund. Pension contributi ons are made from the general fund regularly. Con tri butions from the proceeds from these sales are in a dditi on t o normal pension c on trib u ti ons. This ordinance change wo uld provide better a d minis trative control and utilization of these additional funds . 7-2-3 entitled "Contraband , dispositi on o f " d oes not provide for specific disposition of monies and/or proceeds of sales o f property, either by ordin ance or court order. All funds generated from such contraband seizures are presently deposited in the city general fund . The Colorado Legislature has indicated an intent to provide law enforce- ment agencies with the proceeds of seized contraband to defer the cost of special investigations. The present Englewood Mu nicipal Code , 1985 Title VII , Chapter 2 , Section 3 , prevents the police department f rom utilizing funds ordered t o its use by t he courts. Therefore, t h e proposed ordi nance change allows for t he proceeds from all seized contra- band to be de posi ted in the general operating fund of t h e police depart -1, ~nt as intended by the legislature . • • I • • - • • • • Financial Details ~·The Englewood Police Department proper ty section has occas i on to receive monies and proper ty th at can be sold and converted to mone y that typically would r ange between $2 ,000 and $10,000 per year. Legal Opinion The p r oposed amendments were drafted by , and have the suppor t of, the Englewood City Attorney and his professional staff. Pros and Cons The enactment of the proposed amendment would provi d e a method to better utilize monies received by the Engl ew ood Police Department property section and will directly bene fit the police departmen t by providing les s dependence upon the general fund. Con clusions and Recommendations Enactment of the propose d ord inance js appropriate an d recommended. SUGGESTED ACTION: MOVED BY ________________________ __ lr SECOND __________________________ __ I YES _________ NO ________ J~.BSENT ____________________________________ __ • • I • • I • ORDINAOCE 00. SERIES OF 198_5_ • • - BY AUTHORITY A BILL FOR COUNCIL BILL NO. 40 Im'RODUCED BY COUOCIL MEMBER cJ2 d a JL AN ORDINAOCE AMENDING TITLE VI I , CHAPI'ER 2, SEl:TIONS 3 AND 4, ENGLEWOOD MUNICIPAL COOE 1985, PROVIDING FOR THE DISPOSITION OF CONTRABAND PROPERTY SEIZED BY THE ENGLEWOOD POLICE DEPAR'lMENr AND PROCEDURE FOR SALE. WHEREAS, the s tate legislature has indicated an intent to provide law enforcement agencies with the proceeds of seized contraband ; and WHEREAS, provisions of Title VII, Chapter 2, Section 3, Englewood f't.ln icipal Code 1985, entitled "COntraband; Disposition of," needs to be amended to meet c urrent requirements for the disposition of contraband property seized or in the possession of the Englewood Police Department; and WHEREAS, procedure for sale of lost or abandoned property left unclaimed for a period of thirty (30) days or more after final disposition o f any charges relating thereto should be amended to be consistent with changes in Section 3; ~. THEREFORE , BE IT ORDAINED BY THE CITY COUOCIL OF THE CITY OF ENGLEWOOD, COLORADO , as follows : Section 1. Title VII , Chapter 2, Section 3 , Englewood f't.lnicipal COde 1985, is hereby amended to read as follows: 7-2-3 : bQI'fAA8AN9t IHSPQSn~GN ~ DISPOSITION OF CONTRABAND No firearm nor any article of gambling equipment , nor any contraband or confiscated article of any nature wha tsoever 8e1Mi~ iAM t;'Re l1aA9s 9{ tiRe e~:~sti9EhaA sl1aU eorelf 9e se:i,Q at; sa~e as RelfeiAa99Ye Pllf9Yiee9T ~~ s~:~el:t I:!Ae~a~ 91f eeAtilfa9aA9 ut;ie~es sl:taH 9e Eiestilf9~t Pllf9Yieea.., l:ieweYelf.., t;Rat; t;Re Q:lie{ 9~ Pe~iee !llaY 1:169 91f eisphy SlieR alftiie~es {elf elfitfle pi!'9YeAh9A 91!' eQI:Ieatii9Aa~ J'llilfpGseS.., PF9Yieea tiRe ~ 8Aa~~ 9e ~ilfsti l!'eASelfea I:IAI:Isae~e {elf aAy I:IA~aw{~:~l pl:ilfp98e.., aAQ pi!'9Yiee9 ~l:ilftiRelf Sl:leR eeAtilfaBaAQ iEE!His.., i~ iA ~ eeAtiiU9A.., 111ay 9e ~aeea iA t;'Re Pe~iee ~lf~ti al!'seAa~ aA9 ~:~sea {ef' el!'ime pEeYeAtiieA aA9 eeAtilf9~ 91!' {elf p9liee tilfaiAi~ pl:ilfp98eST IN THE POSSESSION OF THE POLICE 1 • I • - , • • • • DEPAR'It1ENT, WHETHER ABANOONED, UN:LAIMED, OR <YrHERWISE, WILL BE DISPOSED OF UNDER THE PROVISIONS OF 7-2-1, E.M.C. 1985. SI.X:H PROPERTY SHALL BE DISPOSED OF AS FOLLOWS: A. SEIZED CONTRABAND WITHIN THE PURVI~ CF SECTIONS 16-13-301 ET SEQ. 1 AID 16-13-501, ET SEQ. 1 COLORADO REVISED STATUTES, SHAIL BE DISPOSED CF AS PROVIDED THEREIN. THE CITY'S SHARE CF SU:::H CONTRABAND, IF <YrHER THAN CURREN::Y, WILL BE DISPOSED CF AS PROVIDED IN SUBPARA~PH B B~; IF CURREN::Y, IT WILL BE DEPOSITED INTO THE POLICE DEPAim-IENT GENERAL FUND AT THE DIREl:TION CF THE CITY MANAGER. B. FIREARMS, <7\MBLING EQUIPHENI' AND CONI'RABAND SEIZED OR IN THE POSSESSION CF THE ENGL~OOD POLICE DEPAim-IENT NOT WITHIN THE PROVISIONS CF THE PREl:EDING SUBPARA~PH A, <YrHER THAN CURREOCY, IF NOT <YrHERWISE ORDERED DISPOSED OF BY A COURT CF LAW, MAY, l.liDER THE DIREl:TION CF THE CHIEF OF POLICE, BE USED BY THE POLICE DEPAim-IENT IN CRIME PREVENI'ION, POLICE TRAINING OR DISPLAYED FOR EDOCATIONAL PURPOSES. SU:H PROPERTY WHICH THE CHIEF CF POLICE DETERMINES IS UNUSABLE, !H>ERVICEABLE, OR HAS 00 TRAINING OR EDOCATIONAL VALUE SHALL BE DESTROYED. ALL <YrHER ITD15 DIREl:TED BY COURT ORDER TO THE POLICE DEPAim-IENT SHALL BE DIREl:TED TO THE POLICE DEPAim-IENT CAPITAL OUTLAY FUND OR POLICE DEPAim-IENT GENERAL FUND AT THE DIRECTION OF THE CITY MANAGER. IF THE PROPERTY IS CURREOCY, IT WILL BE DEPOSITED INTO THE POLICE DEPAR'IMENT GENERAL FUND AT THE DIREl:TION OF THE CITY MANAGER. OOTHING IN THIS ORDINANCE SHALL BE CONSTRUED TO LIMIT OR PREEMPI' THE REMEDIES CF ABATING OR CONTROLLING PUBLIC r.l!ISAOCES OR INTERFERE WITH ACTION UNDER TITLE XVI, SECTION 13, PART 5, COLORADO REVISED STATUTES. Section 2. Title VII, Chapter 2, Sect i on 4, Englewood 1'\ln icipal COde 1985, is ameooed to read as follows: 7-2-4: PROCEDURE FOR SALE D. All proceeds from the sale of such articles shall be deposited te ~ eH!Ei~t; e~ t;Re Pehee lilet;~r;-t; i\1!19 ~" ~ Pe;!:i-ee Qepar:ti!\eRt; H ~ ~~t;y e~ iBJ~ TO THE CITY's GENERAL OPERATING FUND. Introduced, read in full , and passed on first reading on the 5th day of August, 1985. 2 • I • • - • • • • • Published as a Bill for an Ordinance on the 7th day of August, 1985. Attest: Eugene L. Otis, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and 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 5th day of August, 1985. Gary R. Higbee 3 • I • - • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE July 17, 1985 SUBJECT C.B. 49 -Harassment INITIATED BY Robert Holmes chief of Police ACTION PROPOSED An Ordinance repealing and re-enacting Title VII, chapter 6 Section A Snbsecti on 4 Englewood Mnn i ci pa 1 Code 1 98 5, BACKGROUND A request was made by the Englewood Chief of Police that the Criminal Offense of Harassment now promulgated as Title VII, Chapter 6, Section A, Subsection 4, of Englewood Municipal Code 1985, be reenacted to comport with the Colorado Supreme Court Decision in the case of People y. Norman, No. 83 SA 290, decided on June 10, 1985, that a section in the Colorado Revised Statutes establishing the offense of Harassment was unconstitutional. The section in the Colorado Revised Statutes declared unconstitutional was substantially the same as the Englewood Municipal Code Section. a. In considering the revision of the Englewood Code Harassment offense, the City Attorney's opinion was that it should be substantially revised to eliminate other sections that are questionable as to constitutionality, and are provided for in other offenses that do not appear to have such impediments. b. The City Attorney believes the proposed Harassment Ordinance compute with present constitutional requirements. FINANCIAL DETAILS None. RECOMMENDATION That City Council approve and adopt the proposed reenactment of the Harassment Ordinance. • I • • r l • ORDINAOCE NJ. SERIES OF 198-5- • • • BY Alll'HORITY A BILL FOR COUOCIL BILL NO. 49 Im'ROOOCED BY .COUOCH., MEMBER $k~~ AN ORDINAOCE REPEALING AN:> RE-ENACTING TITLE VII, OfAPl'ER 6, SEX:TION A, SUBSFrTION 4, ~OOD MUNICIPAL COOE 1985, RELATING TO HARASSMEm' • WHEREAS, the Colorado Suprane Court, by decision in the case of People~· ~' No. 8~SA290, decided on June 10, 1985 (Volune IX, Issue 24, Page 873, Bnef Times Reporter, dated June 14, 1985, declared Section 18-9-111(1) (d) of Colorado Revised Statutes unconstitutional, which section controls the present Englewood Ordinance on the same provision; and WHEREAS, it is deemed necessary by the Englewood City Council to repeal the present harassment ordinance and re-enact it to confonn with the expressed Constitutional requirements now existing; NCM, THEREFORE, BY IT ORDAINED BY THE CITY COUOCIL OF THE CITY OF ENGLaiOOD, COLORAOO: Section 1. '!bat Title VI I, Chapter 6, Section A, &Jbsection 4, of Ehglewooo M.micipal Code 1985, is hereby repealed and re- enacted to read as follows: 7-6A-4: A. IT SHALL BE UNlAWFUL FOR A PERSON, WITH Itfl'Em' TO HARASS, ANNOY OR ALARM ANOTHER PERSON TO: 1. INITIATE CCM1UNICATION WITH A PERSON, ANONYK>USLY OR <YrHERWISE, BY TELEPHONE, IN A MANNER Itfl'ENDED TO HARASS OR 'niREATEN BODILY INJURY OR PROPERTY DAMAGE, OR MAKE ANY C<M-IENr I IID;lUEST I SU<XiESTION I OR PROPOSAL BY TELEPHONE WHICH IS OOOCENE; OR 2 . MAKE A TELEPHONE CALL OR CAUSE A TELEPHONE TO RING REPEATEDLY, WHETHER OR Nor A CONVERSATION ENSUES, WITH NJ PURPOSE OF LEGITIMATE CONVERSATION; OR 3 . REPEATEDLY INSULT, TAUNT, OR CHALLENGE ANOTHER IN A MANNER LIKELY TO PROVOKE A VIOLENT OR DISORDERLY RESPONSE. • I • • • • • • • B. 1. AS USED IN THIS SECI'ION, WLESS THE com'EXT OI'HERWISE RD;JUIRES, "<EOCENE" MEANS A PATENTLY OFFENSIVE DES::RIP- TION CF ULTIMATE SEXUAL 1\CTS OR SOLICITATION TO CDfotiT ULTIMATE SEXUAL 1\CTS, W1nm1ER OR NJT SAID ULTIMATE SEXIJAL 1\CTS ARE OORHAL OR PERVERTED, ACTUAL OR SlMUlATED, ItCUI>ING M:\STURBATION, OJNNILING.JS, FELLATIO, ANILING.JS, OR ElCRETARY FUtCTIONS. 2. ANY 1Cr PROHIBITED BY E'OREXDING SUBPARAGRAPHS 1. AW 2. CE' sa::TION A CF 'nUS ORDINAN:E MAY BE DEmEO TO HAVE <XnlRRED OR TO HAVE BEEN CDfotiTTED AT THE PLACE AT WHICH THE TELEPHONE CALL WAS EITHER MADE OR R!X:EIVED. Introduced, read in full, and passed on first reading on the 5th day of August, 1985. Published as a Bill for an Ordinance on the 7th day of August, 1985. Attest: &Jgene L. Otls, Mayor ex off1c1o C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of a"!glewood, Colorado, hereby certi fy 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 5th day of August, 1985. Gary R. Higbee • l I • • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE 7/23/85 AiiL ITEM SUBJECT INITIATED BY Engineering Se~i ces De partment Easement to City of Englewood at 2800 Block South Emerson St. ACT I ON PROPOS ED, _ __!.A~p~p:!!r~o~v~a:;l!:.....!o:!;f!:..._r!:..e=..=.so~l.!::!u.!::t!::.i~o~n~a.!::c.!::cc::e:.~;:P:..:t:.:i:!.n~gwg~r:!a~n~t::......::o::.:f~e:::a::.;s::.:em=e=cn:..:.t.::.... ____ _ BACKGROU ND During the formation of Paving District No. 30 , Mr. Richard Bi ckhard of 2882 South Emerson Street stated that he would like a cul-de-sac where the existing street ends at his propert y . He agreed to grant the City an easement to construct this cul-de-sac. FINANC IAL The consideration is $10.00. RECOMMENDATION It is recommended that City Council approve the resolution to accept the grant of easement for street purposes in construction of a cul-de-sac on the 2800 block of South Emerson Street as part of Paving District No. 30 construc tion. PK/lo • I • • • RESOWl'ION 00 . :111 SERIES OF 1985-- • • - A RESOLUTION ACCEPTING GRANT OF EASEMENI' FRa1 RICHARD T. BICIOiARD, JR . ~ MARJORIE J. BICIOiARD FOR STREET PURPOSES IN CONSTROCTION OF A CUL DE SAC ON EMERSON STREET AS PART OF PAVING DISTRICT 00. 30 . WHEREAS, the 2800 block of s. F.l:nerson Street is included in Paving District No. 30; and WHEREAS, the existing street dead ends at the City Ditch in front of 2882 s. F.l:nerson Street, owned by the Bickhards, who requested that the City construct a cul de sac at the dead end to facilitate turning of large vehicles such as fi re trucks and trash pickup trucks; and WHEREAS, City has agreed on the condition it receive a permanent easement fran the property owners on which part of the cul de sac would be constructed; and WHEREAS, the property owners have agreed to grant an easanent to the City whereby they retain ownership of the property necessary to meet future construction/lot-coverage requirements; N<XtJ, THEREFORE, BE IT RESOLVED BY THE CITY COUOCIL OF THE CITY OF FllGLEWOOD, CX>LORAOO: Section 1. 'lhat the Grant of Easanent by Richard T. Bickhard, Jr. and Marjorie J. Bickhard to the City of Englewood for street purposes in constructing a cul de sac at the dead end of s. F.l:nerson Street in the 2800 block is hereby accepted. A copy of said Grant of Easement is attached hereto and incorporated herein by reference. ADOPT ED AND APPROVED this 5th day of August, 1985. Attest: Eugene L. 0t1s, Mayor ex off1c1o C1ty Clerk Treasurer I, Gary R. Higbee , ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify the foregoing to be a true, accurate, and canplete copy of Iesolution No. __ , Series of 1985 . Gary R. Higbee • I • • • • - GRAN!' OF PERMANENT EASEMENT KN<M ALL MEN BY THESE PRESENTS, that RICHARD T. BICI<HARD, JR. and MARJORIE J. BICKHARD of 2882 S. Emerson Street, Englewood, Colorado 80110, for and in consideration of Ten Dollars and other good and valuable consideration, in hand paid, do hereby grant and convey to the CITY OF ENGLEWOOD, COLORADO, a municipal corporation duly organized and existing under and by virtue of the Constitution of the State of Colorado, a permanent easanent for street purposes upon, across, in, through and under the following described parcels of real property situate in the City of Englewood, County of Arapahoe, State o f Colorado, to wit: Parcel 1: Beginn i ng at the SW Corner of Plot 3, Block 3, McClairs Forest Hill Addition to Ci ty of Englewood, Arapahoe County, Colorado; thence Northerly and along the west line of said Plot 3 a distance of 75 feet; thence Easterly and along the Sou th line of a parcel described in Book 1169 at page 330,Arapahoe County Records, a distance of 7.44 feet; thence SOutherly and parallel to the west line of said Plot 3 a distance of 25.67 feet to a point of curvature; thence 16.33 feet along the arc of a curve to the left having a radius of 15 feet and a central angle of 62o23'32" to a point of reverse curve; thence 41.92 feet along the arc of a curve to the right having a radius of 26 feet and a central angle of 92o23'14" to a nontangent po int on the South line of said Plot 3; thence westerly 25.96 feet and along the South line of said Plot 3 to the Point of Beginning, containing 1,275 square feet, more or less. Parcel 2: That part of the SW 1/4 of the ~ 1/4 of the ~ 1/4 of Section 35, Township 4 South , Range 68 west o f the 6th P.M., described as follows: Cormencing at a point 163 feet west of the SE corner of the 9il 1/4 of ~ 1/4 of ~ 1/4 of said Section 35; thence west along the South line of the ~ 1/4 of ~ 1/4 of said Section 35 a d i stance of 143 feet; thence Northerly and parallel with the East line of the SW 1/4 of ~ 1/4 of ~ 1/4 of said Section 35 a distance of 319 .91 feet to the SW corner of Plot 3, Block 3, McClairs Forest Hill Addition to the City of Englewood; thence Easterly and along the South line of said Plot 3 a distance of 12.00 feet to the True Point of Beginning, said True Point of Beginning lying on the Easterly right of way of 2800 South Bnerson Street described in Boo k 848 at page 59 , Arapahoe County Records; thence Easterly and along said South line of Plot 3 a distance of 13.96 feet to a point of nontangent curvature; thence 18.51 feet along the arc of a curve to the right having a radius of 26 feet and a • I • - • • • • central angle of 40o46 '52" to a nontangent point on the Easterly right of way of 2800 South Enerson described in Book 848 at page 59, Arapahoe County Iecords; thence Northerly am along said Easterly right of way a distance of 11.55 feet to the True POint of Beginning, containing 100 square feet, more or less. Grantors expressly retain all rights in am to the property ,..nich is the subject of the within easement ,..nich will not unreasonably interfere with or be in derogation of the rights herein grante:i. '1he City of fhglewood, as a condition of this easement, shall prohibit parking on the entire cul de sac tobich is either embraced within the easement herein granted or focmerly platte:i as Bnerson Street. the City shall erect appropriate "no parking" signs am shall enforce the parking restriction. SIGNED am delivered this day of-------' 1985. Richard T. B1ckhaid, Jr. MarJOrle J. B1ckhard STATE OF COLORAOO ss. COUNTY OF ARAPAHOE '1he foregoing w:~s acknowledged before me this day of , 1985 by RichardT. Bickhard, Jr. am MarJorie J. ""s'"'i-c.,...kh'""a-r-d""",-owne-rs in joint tenancy of 2882 s. Enerson Street, fhglewood, Colorado. Witness my hand am official seal. My Commiss ion expires: Notary PUblic Address: ' I . • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE 7 /2 3/85 AGENDA ITEM SUBJECT J/o. C7 INITIATED BY Engineering Services De partmen t Location change in Sanitary Sewer Ea sement to Motor Crane ACT I ON PROPOSED Council approval of the change of location of a sanitary sewer easement at the Englewood Municipal Gol f Course BACKGROU ND On september 6 , 1977, Motor Crane Services Company was granted a sanitary sewer easement across the east side of the Englewood Municipal Golf Course from their property to the Littleton Interceptor sewer line. This easement was never used, and in May of 1984 , Motor Crane asked to change the location of said easement to better meet their needs for future construction. FINANCIAL None. REC OMMENDATION It is recommended that City Council approve the resolution changing location of the easement for sanitary sewer to Motor Crane Services Company to the east side of the Englewood Municipal Golf Co urse. PK/lo I . • • - I . • • f • RFSOLUriON oo.cJq SERIES OF 1985-- • • • A RFSOLUriON AMmOING ~ WI'ni KJI'OR CRANE SERVICE CO. DATED SEPI'EMBER 6, 1977 l\CCORDING AN EAS~ J\CROSS CERTAIN PROPERTIES TAKEN BY EN:;Lf)ol()()() WHEREBY LOCATION OF SAID EASfMENI' IS OlANGED. WHEREAS, n¥:Jlewood acquired certain lands owned by Motor Crane Service Co through condemnation under Civil Action Nos. 34905 and 34906 in Arapahoe Oounty District Court; and WHEREAS, said condemnation suit was settled by stipulation of the parties in which Motor Crane was accorded a sewer line easanent across certain properties taken by Englewood as reflected in their Easanent Agreement dated Septanber 6, 1977, recorded in Book 2658 at page 343; and WHEREAS, it is necessary for Englewood to grant a new sewer easanent to Motor Crane to ac:catl'llOdate the required placement of Motor Crane's sewer line in a different location; ~. 'lliEREFORE, BE IT RFSOLVED BY 'niE CITY COUtCIL OF 'niE CITY OF ENGL~, COLORADO: Section l. 'lbat the Easanent Agreement of 1985 is hereby approved, a copy of which Agreement is attached hereto and incorporated herein by reference. Section 2. 'lbat the Mayor and ex officio City Clerk- Treasurer are hereby authorized to sign and attest said Easanent Agreement for and on behalf of City Council and the City of Englewood. AOOPI'ED AND APPROVED this 5th day of August, 1985. Attest: Eugene L. ot1s, Mayor ex off1cio C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of n¥:Jlewood, Colorado, hereby certify the above to be a true, accurate and canplete copy of Resolution No. __ , Series of 1985. Gary R. Hlgbee • I • • ' • • • - EASEMENI' AGREEMEN1' THIS AGREEMEN1', made and entered into this day of , 1985, by and between the CITY OF ENCL~OOD, COLORAOO, ...,(,.,11=Eng-.l.-ewood---..1rr1) and I'Ul'OR CRANE SERVICE CO. ("l"k:>tor Crane"). WITNESSETH WHEREAS, Englewood did heretofore file Petitions in COndemnation in the District CX>urt of Arapahoe CX>unty, COlorado, under Civil Action Nos. 34905 and 34906, seeking the acquisition of certain lands owned by l"k:>tor Crane Service CX>. and Winslow COnstruction CO. ; and WHEREAS, l"k:>tor Crane Service CX>. is the owner of all lands alleged in said actions to be owned by Winslow COnstruction CX>. and docl111E!l'lts have been placed of record to reflect such ownership by l"k:>tor Crane Service CX>.; and WHEREAS, pursuant to Stipulation between the parties, all matters placed in issue between them in said Civil Actions were settled; and WHEREAS, pursuant to paragraph 10 of the Stipulation in said Civil Actions, l"k:>tor Crane was accorded a sewer line easanent across certain of the properties taken by Englewood 14lich the parties reduced to writing in their Easanent Pgreement dated September 6, 1977, recorded in Book 2658 at page 343, Reception No. 1671719, with the Arapahoe CX>unty Clerk and Recorder; and WHEREAS, it has becane necessary for Englewood to grant a new sewer easement to l"k:>tor Crane to accCJIIllOdate the required placement of l"k:>tor Crane's sewer line; and WHEREAS, it is the desire of the parties hereto to reduce the new easement agreement to writing for recordation with the Clerk and Recorder of Arapahoe COunty, COlorado; !£M, THEREFORE, in consideration of the premises, the mutual covenants herein contained, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties do hereby agree as follows: 1. Englewood does hereby sell, grant, and convey unto l"k:>tor Crane, its successors and assigns, the following described real property situate in Arapahoe COunty, State of COlorado: 2 • I • • • • • • ***** A sanitary sewer easanent 30 feet in width, located in the Southeast Qne-<)Jarter of the Northwest Qne-<)Jarter of Section 4, Township 5 South, Range 68 West of the Sixth Principal Meridian, City of ~ridan, County of Arapahoe, State of Colorado, more particularly describe:3 as follows: Cottnencing at the center of said Section 4; thence S 89o57'26" W along the East-West centerline of said Section, a distance of 856.69 feet; thence N 16o42'32" E along the East Boundary of the City of Englewood Golf Course, a distance of 250.42 feet to the point of beginning; thence N 62o05'27" W along the Southerly line of said eaSEJIIE!Ilt being 15 feet South of and parallel to the intended sewer line, a distance of 399.97 feet; thence N 27o54'33" E, a distance of 30.00 feet; thence S 62o05'27" E along the North line of said easanent, a distance of 394.03 feet to the East boundary of said Golf Course; thence S 16o42'32" W along said East line, a distance of 30.58 feet to the point of beginning, said easement affects 11,910 square feet. 2. 'lhe easement granted to l'tltor Crane by agreanent between the parties dated Septanber 6, 1977 shall be extinguished except for those portions of that easement which are incllxled within and correspond to the easanent described in paragraph 1 above. 3. 'lhe parties agree that said sanitary sewer line was constructed and installed in a manner that will not interfere with the use of the subject property by Englewood, and that such construction and installation was conducted pursuant to and in accordance with the rules, regulations, and engineering standards of Englewood. 4. Motor Crane shall have the continuing right to enter upon the hereinabove describe:3 property for the purpose of maintenance, repair and replacement of the said sewer line, provided that any such maintenance, repair or replacenent shall be at the sole cost and expense of l'tltor Crane, its successors and assigns. In con- ducting any such maintenance, repair and replacanent work, l'tltor Crane shall notify Englewood in advance of any such required work to the end that such work can be coordinated with the operation of a golf course by Englewood upon the surface of the subject property, and any such maintenance, repair or replacanent work shall be accanplished in a manner loilich shall pr:eclude any unnecessary interference with the operation of said golf course by Englewood. 3 • 1 I • • r • • • 5. The within and foregoing Easement shall constitute a perpetual easement over, across, through and under the hereinabove described property for the use and benefit of all lands now owned by l't>tor Crane, or in which it claims an interest, and lying between the East boundary of the l't>tor Crane property acquired by Englewood in the hereinabove described Civil Actions and South Santa Fe Drive (U.s. Highway 85) on the East. IN WITNESS WHERmF, the parties hereto have hereunto set their hands and seals the day and year first above written. Attest: Secretary Attest: Gary R. H1ghee, ex off1c1o City Clerk-Treasurer srATE OF COLORAOO ss. COUNTY OF ARAPAHOE t()T()R CRANE SERVICE CO. ~------------~~~---Presldent CITY OF ~. COLORADo ~--~~~~~~~~-----E>.lgene L. Otls, Mayor Subscribed and sworn to before me this day of 1985 by Floyd Winslow, Jr. as President and Ciaiidia Hunt"--=-as,_ __ _ Secretary of l't>tor crane Service Cb. MY COmmission expires: 4 Notary PUbhc .Address: I • • • • • • • STATE CF a>LORAOO ss. COUNTY CF ARAPAHOE SUbscribed and sworn to before me by &lgene L. otis as Mayor and Gary R. Higbee as ex officio City Clerk-Treasurer of the City of Fl'lglewood, Colorado, this __ day of , 1985. My Callnission expires: 5 Notary Publ1c 3400 s. Elati street Englewood, Colorado 80110 1 I • • • • • .. • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE SUBJECT SIX-QUARTER BUDGET AGENDA ITEM J/ h_ J uly 29 , 1985 JULY , 1985 THROUGH DECEMBER, 1986 INITIATED BY --~c~i~tLy~M~a~n~a~g~e~r---------------------------------------------- ACTION PROPOSED Conside ratio n o f a dopting a reso luti on for the Six-Quarter Budget -July, 1 9 85 through December, 1 986. BA CKGROU ND The Public Improvement Fund (PI F) Six-Quarter Budget process was adopted in the summer of 1973. The esse n c e of the S ix-Qu a r ter Budget is that the City has a con- tinuing budget which extends o n e -and-o n e -ha l f year s into the future. Every quar- ter, the City Council reviews and analy z es this budget, and if projects are delayed due to unavoidable circums tances , the y are d .-o pped bac k into this budget, while projects ready to go are moved f o rward. '!'he most c urrent revenue forecasts are used, and if additional fund s b e come ava i lab l~, s p ecific projects may be moved forward and completed ahead o f s c h e d u l e or a new o r emergenc y project may be added. 1985 CHANGES Little Dry Creek project was increased by ,bflJ • 9 4 in t he third quarte r for futur e c osts related t o cha nnel i mprovements . Tl .· c 1 m d s are made up of the fo l l o wing sources: Ara pahoe County spec~al I< Urban Draina ge & Flood , >• o l District Road & Bridge 1985 (Reduc e " f ,·o m $285 ,000 to $185,000 3rd qu •rter) Fa cility Improvements 1 85 (R•'- duced $100 ,000 to -0-3rd QL r.) Little Dry Creek Detention Poo ld (Reduced $67 ,694 in 3rd Qtr.) Surplus & Deficiency Tota l $257 ,000 115 ,000 100 ,000 100 ,000 67 ,694 50 ,000 $689 ,6 94 I • - (~ • • • • -2- Sidewalk Repair project was reduced by $21,000 in the 3rd quarter from $50,000 to $29 ,000 because RTD has reduced its funding by that amount in 1985. Recreation Center increased $112,000 from the fund balance in the 3rd quarter, which represents the remaining interest received on invested funds during the project. Bridge Repair project to repair the decks of Union Avenue and Logan Street bridges was increased by $15,000 in the 3rd quarter. After testing the decks during design, we found the areas of steel deterioration to be larger than originally estimated. EDDA Walk -Thru -West Side was budgeted $13,000 from the fund balance in the 3rd quarter so the Parks & Recreation Department can provide a concrete walk and land- scaping to the presently unimproved site in the 3400 block of South Broadway . Paving District No. 30 was reduced by $35 ,000 in the 3rd quarter because of low bids received. Paving District No. 31, which is the 1986 paving district, was increased by $35,000 in the 3rd quarter to begin surveying and design. 1986 APPROPRIATIONS Facility Improvements received $100,000 in the 4th quarter, which is consistent with the 5-year PIF plan. Downtown Improvements rece ived $220 ,000 as directed by the 5-year plan. These funds are scheduled for miscellaneous improvements in the Downtown area. PIF Balance for this Six-Quarter Budget: As of June 30, 1985 PIF Fund Balance --------------------------($429,082.20) By December 31, 1985, the fund balance will be a positive $116,923 .00. RECOMMENDATION The resolution which adjusts the Public Improvement Fund as described above is attached for your consideration. GD/lo SUGGESTED ACTION: MOVED BY ____________________________ ___ SECOND·--------------------------------- YES ______________ NO _____________ ~A:BSENT ______ ~-------------------- I - { • • • • RESOLUTION NO. Series of 1985 Jo A RESOLUTION AMENDNG THE PUBLIC IMPROVFNENT FIND. WHEREAS, the City Council of the City of Englewood, Colorado, desires to make certain changes within the Public Improvement Fund; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Englewood, Colorado, as follows: 1985 . ATT EST: Section 1: The following e sti mated revenues and appropriations of funds are hereby made in the Public ~rovement Fund: Source of Funds Fund Balance -PIF Surplus & Deficiency Fund (94) Total Sources Application of Funds $ 391,000 50,000 $ 441,000 (14 ) Li (16) (28) (31 ) (3 7) (53) (75) (92 ) Deten ti on Pond $ ( 67 ,694) ( 4 ) ( ) (3 4 ) 689,694 ( 35 ,000 ) (100 ,000 ) ( 21,000) (100 ,000) (100 ,000) 13 ,000 112 ,000 35 ,000 H S 15 ,000 To 1 App l1cations $ 441 ,000 ======== Sec ion 2 . Th Ci y Manag r a nd Di rec or of Fi na nce are hereby au hor i zed o make the above cha ng es to t he 1985 budget of the Ci ty of Englewood . ADOPT ED AND APPROVED this ___ day of------- --------~---------------------------------Eugene L. Ot i s, Mayor --------------------·------··------ e x offi c i o City Clerk-Treasurer I • • • • 0 ( SIX QUARTER llUDGE:I' July 1985 -Decerrber, 1986 EST E:XP PROJ 3RD 4TH TOTAL 1ST 211) 3RD 4TH orv PROJ APPRO BAL BAL QTR QTR APPRO QTR QTR QTR QTR I'll = ~ ~ 03(31/85 1985 1985 1985 1986 1986 1986 ~ 01 Storm Drainage General $ 6, 532 $ 6,532 $ 2 ,000 $ 4, 532 $ 0 $ 0 $ 0 $ 0 0 $ 0 $ 0 16 Little Dry Creek 6 , 300 ,000 2 ,629 , 78 4 1,443, 723 1, 186 ,061 689,694 0 1,865,153 450,000 0 0 0 18 Downtown Drainage & Traffic lrrprovenents 180 ,000 20,677 20,677 0 0 0 (122, 323) 0 0 0 0 24 Traffic Irrprvmnts-Broadway 135,000 135 ,000 113,380 21 ,620 0 0 0 0 0 0 0 15 Little Dry Creek Engrg . 1 ,016 ,000 796 ,150 787 ,565 8,585 0 0 0 0 0 0 0 31 Road arrl Bridge 800 ,000 747 ' 254 705 ,921 41' 333 185,000 0 195 ,346 0 0 400,000 0 70 River DevelO()I't'ent Phase ll 721 ,300 395 ,850 366,400 29,450 0 0 0 0 0 0 0 88 River Developrrent Phase Ill 1,100 ,000 1,100 ,986 1,097 , 755 3 ,231 0 0 0 0 0 0 0 37 Sidewalk Repair 120 ,000 80,000 101,496 (21 ,496) 29,000 0 29 ,000 0 50,000 0 0 78 Ptstol Range 32 ,000 4 4 0 0 0 (29,996) 0 0 0 0 72 Aruma! Control Shelter 33 ,000 33 ,000 31 ,000 2,000 0 0 0 0 0 0 0 95 Housing Rehabi J i tat ion 100,000 100 ,000 0 100 ,000 0 0 100 ,000 0 0 0 0 94 Recreation Center 4 , 743 ,000 4,824,000 4,688,890 135 ,110 112 ,000 0 261,000 0 0 0 0 34 Bridge Repair 60 ,000 60 ,000 300 59 ,700 15,000 0 15 ,000 0 0 0 0 92 ElDI\ Wa lkthru__,t side 120,000 86,675 86 ,675 0 13,000 0 (15 , 325) 0 0 0 0 91 Urban Renewal Auth . Projcc s 3 , 500 ,000 5 ,4 73 ,470 3 ,094,470 2 ,379 ,000 0 0 2,379,000 0 0 0 0 02 Clay Street Drainage 3 ,500 3 ,400 2,930 470 0 0 0 0 0 0 0 14 L1 tle Dry Creek-tn. Pond 1 ,846 ,000 1 ,845,614 l, 777 ,920 67 ,694 (67 ,694) 0 (67 ,694 ) 0 0 0 0 89 Malley Parktng Lot 13 310 ,000 310,000 230 ,741 79,259 0 0 0 0 0 0 0 84 House Movu-.g Program 104,750 104 ,750 168,563 (63 ,813 ) 0 0 0 0 0 0 0 85 Broadway Facade 40,000 40,000 30 ,357 9 ,6 43 0 0 0 0 0 0 0 53 flanlxlen/Santa Fe Landscaping 100,000 100,000 0 100 ,000 (100,000) 0 (100 ,000 ) 0 0 0 0 28 Paving District t 30 360 ,000 360 ,000 0 360 ,000 (35 ,000) 0 325,000 0 0 0 0 98 Special Project-Engineer 60 ,000 55,005 55,005 0 0 0 38 ,480 0 0 40 ,000 0 75 Faci 1 i ty Irrprovernents 100,000 0 0 0 (100,000) 100,000 0 0 0 0 100,000 90 Traffic Engrg Aide 25 ,000 24,769 24,769 0 0 0 24,769 0 0 0 0 77 Golf Course Purps 125,000 us,oo o 14,190 110,810 0 0 125,000 0 0 0 0 82 New City Hall Library 518 ,000 19 ,000 19 ,000 0 0 0 19,000 0 0 0 0 64 Belleview/11iller Pk ~r 162 ,648 162 ,648 10,168 152,480 0 0 162,648 0 0 0 0 99 Paving District f 31 400,000 0 0 0 35,000 0 35,000 0 400,000 0 0 81 Dredge CUsh i ng Pond 14,000 14,000 14,317 (317) 0 0 0 0 0 0 0 73 South Platte Trai 1 100 ,000 100,000 0 100,000 0 0 100,000 0 0 0 0 Downtown Inprovements 220 ,000 0 0 0 0 0 0 0 0 0 220,000 --~---------------------·----· -----GWD TOTAL $23 ,4 55 ,730 $19 ,753 ,568 $14 ,888,216 $4,865,352 $ 776,000 $ 100,000 $5,339 ,058 $450,000 $ 450,000 $440,000 $ 320,000 • .., • ..,..,,..,.,.,..:a-o:zr. ..,==,..:=:s.s:a::a a::o::zaaa:azaa .. ,., .....•. •=•==z•••• ········· ········· • • ( • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE Auqust 5 , 1985 AGENDA ITEM J I ,· SUBJECT Contract Authorizatio? for Lease/Purchase of a F~re Pumper from Jinco Leasing Corp, the low bidder. INITIATED BY --~G~a~rLy~H~iq~b~e~e~,~D~i~r~e~c~to~r~o~f~F~i~n~a~n~ce~~~~~~~~------------------- ACT I ON PROPOSED Ac c ept l o w bid of Jinco Co rporation having a total financing • c ost of $125,235.64 for three (3) years and authorizing the City Manager to enter into a lease /ourchasc c o ntrac t with Jinco Leasincr, Corporation. RIDX+IENDATION: City Council accept the low bid from Jinco Leasing Corporation for a total of $125,235.64 at 7.00% interest over 3 years to finance the new fire pumper and to authorize the City Manager to enter into a 3-year lease/pJrchase agreement with Jinco Leasing Corporation. BACKGROUND: City Council approved the purchase of a new fire pumper in September, 1984 at a total cost of $143,760. A down payment of $35,000 was encumbered with the balance $108,760 to be financed in 1985 upon delivery of the unit. This bid proposal represents the lease/purchase agreement financing the $108,760 over a three year period with the first of the six semi-annual payments due Februray, 1986. Delivery of the new pumper is scheduled for September, 1985. FINAOCIAL DETAILS: Lease/Purchase Agreement Bid Results: Financing Required $108,760 ' I • - Bidder Han ifen, Imhoff First Municipal Leasing Corp Jinco Leasing Hanifen, Imhoff First Municipal Leasing Corp Jinco Leasing Hanifen, Imhoff First Municipal Leasing Corp Jinco Leasing Time Pe riod • • • Total Semi-annual Cost Payment 3 yrs. $ 203,895.66* $33,982.61 3 yrs. 3 yrs. 4 yrs. 4 yrs. 4 yrs. 5 yrs. 5 yrs. 5 yrs. 127,908.60 125,235.64 205,620.24 134,321.20 130,640.88 207,682.80 140,575.70 137,005.15 22,318,10 20,872.61 25,702.53 16,790.15 16,330.11 20,768.28 14,057.57 13,770.52 Interest Finance & Rate % Int. Cost 9.68 $ 19,148.60 7.00** 16,475.64 9.89 7.45** 9.92 7.875** 25,561.20 21,880.88 31,815.70 28,245.15 * Communications from Hanifen, Imhoff Inc. indicated their proposal was in error . They request t o remain on the bid list for future finance requirenents. ** Financing Fee is not reflected in the interest rate. SUGGESTED ACTION: MOVED BY ________________________ __ ( SECOND ________________________ __ YES _________ NO ________ ABSENT ____________________________________ ___ • • I • • ( ( • • • - j 'fvO ORD INANCE NO. BY AUTHORITY SEHlES OF 198_5 __ _ A BILL FOR FT #. f ...... Da te J/,__/f ~-- COUNCIL BILL NO. INTRODUCED BY COUNCIL MEMBE R NEAL AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 1985 A PROPOSED AMENDMEN T TO THE CHARTER OF TH E CITY OF ENGLEWOOD GOVERNING CERTAIN CHANGES IN THE ZONING IN RESIDENTIAL NEIGHBORHOODS OF THE CITY AND LIMITING SUCH CHANGES TO A VOTE OF THE PEOPLE WITH THE CONCURRENCE OF THE CITY COUNCIL. NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1 . There is hereby submitted to the qualified electors of the City of Englewood at the general municipal election to be held November 5, 1985 a proposed amendment to the Charter of the City of Englewood , as follows. That effective immediately upon approval of the qualified electors of the City of Englewood, and the certification thereof to the office of the Secretary of State of Colorado, pursuant to provisions of the Colorado Constitution and the Colorado Revised Statutes, the Home Rule Charter of the City of Englewood is amended to add Section 58:1, which shall read as follows: 58:1 RESIDENTIAL NEIGHBORHOODS NO RESIDENTIAL ZONING IN ANY R-1-A OR R-1-B ZONE OF THE CITY SHALL BE CHANGED, AND NO APPROVAL FOR SUCH CHANGE SHALL BE MADE BY AN ENTITY OF THE CITY GOVERNMENT, OR ITS BOARDS AND COMMISSIONS, EXCEPT WITH REVIEW BY THE CITY COUNCIL. IF THE CITY COUNCIL VOTES TO DENY SAID CHANGE, THEN NO SUCH CHANGE SHALL BE MADE. IF THE CITY COUNCIL VOTES TO APPROVE SUCH A CHANGE, THEN NO SUCH CHANGE SHALL BE MADE EXCEPT UPON APPROVAL BY THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD PURSUANT TO AN AMENDMENT TO THE CITY CHARTER UNDER THE PROVISIONS OF ITS SECTION 8. THE R-1-C ZONE OF THE CITY SHALL BE REVIEWED AT LEAST EVERY TEN YEARS BY THE CITY COUNCIL, WHICH SHALL DEVELOP IN APPROPRIATE AREAS A PROGRAM FOR PRESERVATION OF SINGLE FAMILY RESIDENCES. SUCH PROGRAM MAY INCLUDE ASSISTANCE FOR PRESERVATION, REHABILITATION AND RECONSTRUCTION OF RESIDENCES AS THE COUNCIL SEES FIT. SUCH PROGRAM SHALL BE EMBODIED IN REVISIONS TO THE COMPREHENSIVE PLAN AND BUDGETED AS COUNCIL DEEMS APPROPRIATE. 1 • I • • ( ( • • • .. Section 2. The v o ting mac hines and p a p e r b a llots for s ai d el e ct1on shall carry t he followin g d es ignation, which shall be t he subm ission cl a us e : FOR AGAINS T AMENDMENT NO. l Amending the Charter of the City of Englewood relating to Article VIII, "Boards and Commissions," by adding Section 58:1, to provide that no resi- dential zoning in any R-1-A or R-1-B zone of the City shall be changed, and no approval for such change shall be made by an entity of the City government, or its boards and commissions, except with review by the City Council. If the City Council votes to deny said change, then no such change shall be made. If the City Council votes to approve such a change, then no such change shall be made except upon approval by the qualified electors of the City of Englewood pursuant to an amendment to the City Charter under the provisions of its Section B. The R-1-C zone of the City shall be reviewed at least every ten years by the City Council, which shall develop in appropriate areas a program for preservation of single family residences, such program may include assistance for preservation, rehabilitation and reconstruction of residences as the Council sees fit. Such program shall be embodied in revisions to the Comprehensive Plan and budgeted as Council deems appropriate. And each elector voting at said election and desirous of voting for or against said amendment shall indicate h i s choice by depressing the a ppropr i ate counter of the voting machine whi ch i nd i cates the word "For" or "Against" or by ap propr i ate mark i ng upon paper ballots, where u sed . S ecti on 3. The proper officia l s o f the Ci ty of Englewood shall gi ve n ot1 ce of sa i d general municipal election, which notice shall be p u blishe d in the manner and for the length of time required by law, and th e b a llots cast at such election shall be canvassed and the res ult a s c e rtained, determined, and certified as required by law. 2 • I • • ....... ( • • • .. Section 4. The proportional cost of placing any item on an el e ction ballot pursuant to this Ordinance shall b e borne by th e party who requested the change in zone district. Introduced, read in full, and passed on first reading on the day of , 1985. Published as a Bill for an Ordinance on the ----------------· 1985. day of Attest: Eugene L. Ot1s, Mayor ex officio 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 a Bill for an Ordinance, introduced, read in full, and passed on first reading on the ____ day of , 1985. Gary R. H1gbee 3 • I .