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Home My WebLink About1985-09-16 (Regular) Meeting Agenda• • .. • • 0 City Council Meeting -Regular -September 16, 1985 • • • - • • 0 ~ C!A-u'1 L0 h~~ff' ~)...J:, v 1~, ;q&s 0 ';f~tu ~~ dfa, ..31 . .38' lO.A.cioL~x(l..& .;(1:_ 6 6, :j1, ·:Nr, dr} 1 ~ o • I . . • • • REGULAR MEETING: • • .. • COUNCIL CHAMBERS City of Englewood, Colorado September 16, 1985 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on September 16, 1985, at 7:30 p.m. Mayor Otis , presiding , called the meeting to order . The invocation was given by Council Member Higday. The pledge of allegiance was led by Boy Scout Troop 1151. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Vobejda, Bilo, Bradshaw, Otis. Absent: Council Member Weist, One position vacant. The Mayor declared a quorum present. * * * * * * * Also present were: City Manager McCown City Attorney Olsen * * * Assistant City Manager Vargas Municipal Court Judge Parkinson Assistant City Manager of Economic Development Powers Director of Libraries Winkle Assistant Director of Community Develop- ment (Planning) D. Romans Deputy City Clerk Owen * * * * MAYOR PRO TEM BRADSHAW MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF AUGUST 29, 1985. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Abstain: Council Members Higday, Vobejda, Bilo, Bradshaw, Otis. None. One position vacant. Council Member Weist. • I • - • • • September 16, 1985 Page 2 • • • The Mayor declared the motion carried. * * * * * * * MAYOR PRO TEM BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGU- LAR MEETING OF SEPTEMBER 3, 1985 . Council Member Bilo seconded the mo-tion. City Manager McCown noted the following corrections . On page 3, third full paragraph , correcting "AFSME" to "AFSCME," and in the fourth full paragraph, changing "initiate" to "study." On page 9, adding to Council Member Higday's motion after the word "BUDGET" the following "AND TO SET A DATE FOR PUBLIC HEARING ." Council accepted the corrections. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Vobejda, Weist, Bilo, Otis. Nays: None. Absent: One position vacant. Abstain: Mayor Pro Tern Bradshaw. The Mayor declared the motion carried. * * * * * * * COUNCIL MEMBER HIGDAY MOVED TO APPOINT SUSAN VAN DYKE FOR THE REMAINDER OF JOHN NEAL'S TERM WHICH EXPIRES DECEMBER 31, 1985. Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Vobejda, Weist, Bilo, Bradshaw, Otis • None. One position vacant. The Mayor declared the motion carried. Municipal Court Judge Parkinson delivered the oath of office to Ms. Van Dyke and took the Council seat for District II. Mayor Otis and members of Council welcomed Ms. Van Dyke • • I • • - ) • • • September 16, 1985 Page 3 * * * * • • • * * * Mayor Otis presented Mr. John J. Scott, 3801 South Broadway with an honorary citizen certificate. * * * * * * * COUNCIL MEMBER HIGDAY MOVED TO APPROVE A PROCLAMATION DECLARING SATURDAY, SEPTEMBER 28, 1985, AS "HUNTING AND FISHING DAY." Mayor Pro Tern Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Van Dyke, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * There were no other visitors at this time. * * * * * * * MAYOR PRO TEM BRADSHAW MOVED TO APPROVE A PROCLAMATION DECLARING NOVEMBER 1-3, 1985 AS "FALL FESTIVAL DAYS." Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Van Dyke, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * COUNCIL MEMBER VOBEJDA MOVED TO APPROVE A PROCLAMATION DECLARING SEPTEMBER 24, 1985 AS "INTERNATIONAL INTEGRITY DAY." Council Member Weist seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Van Dyke, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • • I • - • • • • • • September 16, 1985 Page 4 * * * * * * * "Consent Agenda" items were: (a) (b) (C) (d) (e) (f) Minutes of the Englewood Liquor License Authority meeting of July 31, 1985. Minutes of the Englewood Housing Authority meeting of July 31, 1985. Minutes of the Urban Renewal Authority meeting of August 6, 1985 . Minutes of the Public Library Advisory Board meeting of August 13, 1985. Minutes of the Planning and Zoning Commission meeting of Augsut 20, 1985. Recommendation from the Water and Sewer Board to ap- prove South Arapahoe Sanitation District's Supplement t 30 o annex approximately 4.810 acres. (Council Bill No. 4, Series of 1985) COUNCIL MEMBER BILO MOVED TO PASS CONSENT AGENDA ITEMS lO(A)- (F). Ma yor Pro Te Bradshaw seconded the motion. Upon a call of the roll, th vo e r ul d as follo ws: .\yes: tlays: Council Members Higday, Van Dyke, Vobejda, Weist, Bilo, Bradshaw, Otis . None. The Mayor declared the motion carried. Consent Agenda Item lO(f) Council Bill No. 64, Series of 1985, was so noted as being sponsored by Council Member Bilo • ORDINANCE NO. SERIES OF 1985 * * * * BY AUTHORITY * * * COUNCIL BILL NO. 50.1 INTRODUCED BY COUNCIL MEMBER HIGDAY • I • • - • • • September 16, 1985 Page 5 • • • AN ORDINANCE AMENDING THE COMPREHENSIVE ZOHING ORDIN~NCE OF THE CITY OF ENGLEWOOD, COLORADO, BY REPEALING SECTIONS 16.4-12 c (4) AUTOMOBILE SALES OR LEASE NOT INCLUDING COMMERCIAL VEHICLE WRECKING, DISMANTLING OR JUNK YARDS; 16.4-12 c (8) GASOLINE AND OIL SERVICE STATIONS; 16.4-12 c (10) MOTOR VEHICLE SALES OR LEASE; 16.4-12 c (14) RECREATIONAL VEHICLE SALES OR LEASE TO INCLUDE BOATS, TRAILERS, MOTORCYCLES AND OTHER RECREATIONAL VEHICLES; AND ADDING NEW SECTIONS 16.4-12 e (2) SALES LOTS FOR NEW AND USED AUTOMOBILES, MOTOR VEHICLES, RECREATIONAL VEHICLES, BOATS, TRAILERS, OR MOTORCYCLES; AND 16.4-12 e (3) AUTOMOBILE SERVICE STATIONS AND ADDING SECTION 16.4-12 g (2) DEVELOPMENT REQUIREMENTS, SETBACKS. COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 50.1, SERIES OF 1985, ON FINAL READING. Mayor Pro Tern Bradshaw seconded the motion. Council Members Weist and Van Dyke stated they would abstain from voting since neither one was present at the hearing nor had listened to the tape recording. COUNCIL MEMBER VOBEJDA MOVED TO AMEND COUNCIL BILL NO. 50.1 BY STRIKING 16.4-12 e (2) (f) (iii) ON PAGE 5. Mayor Pro Tern Bradshaw sec- onded the motion. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Nays: Abstain: Council Members Higday, Vobejda, Bilo, Bradshaw, Otis. None. Council Members Van Dyke, Weist. The Mayor declared the amendment carried. COUNCIL MEMBER BILO MOVED TO AMEND COUNCIL BILL NO. 50.1 IN 16.4-12 e (2) (f) (ii) BY INSERTING AFTER THE WORD "OWNERSHIP" IN THE FIRST LINE THE FOLLOWING: ", MAJORITY OF STOCKHOLDERS OF A CORPORATION AND/OR LOCATION AND /O R ENLARGEMENT" AND BY STRIKING IN THE FIRST LINE "change for." Council Member Vobejda seconded the motion. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Council Members Higday, Vobejda, Bilo, Bradshaw, Otis. Nays: None. Abstain: Council Members Van Dyke, Weist. The Mayor declared the amendment carried. • I • • ! ) • September 16, 1985 Page 6 • • • 16.4-12 e SETBACK. roll, the COUNCIL MEMBER HIGDAY MOVED TO AMEND COUNCIL BILL NO. 50.1 IN (2) (b) a BY CHANGING FIVE (5) FOOT SETBACK TO TEN (10) FOOT Mayor Pro Tern Bradshaw seconded the motion. Upon a call of the vote on the amendment resulted as follows: Ayes: Nays: Abstain: Council Members Higday, Vobejda, Bilo, Bradshaw, Otis. None. Council Members Van Dyke, Weist. The Mayor declared the amendment carried . Upon a call of the roll, the vote on the original motion re-sulted as follows: Ayes: Nays: Abstain: Council Members Higday, Vobejda, Bilo, Bradshaw, Otis. None. Council Members Van Dyke, Weist. The Mayor declared the motion carried. * * * * * * * Director of Libraries Sharon Winkle presented a recommendation to approve the contract between the City and Dynix, Inc., for the instal- lation and maintenance of an automated library management system with the stipulation that the feature for the bookmobile will be deducted if it does not work. MAYOR PRO TEM BRADSHAW MOVED TO APPROVE THE AWARD OF CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND DYNIX, INC IN THE AMOUNT OF $62,310 FOR THE PURCHASE, INSTALLATION, AND MAINTENANCE OF AN AUTOMATED LIBRARY MANAGEMENT SYSTEM WITH THE PROVISION TO DECLINE THE BOOKMOBILE MODULE IF TRANSMISSION IS NOT FEASIBLE. Council Member Bilo seconded the motion. Council Member Higday opposed the purchase because the financial condition of the budget was poor and not conducive to capital expendi-tures. At the request of Council Member Van Dyke, Director Winkle pro- vided information on the usefulness of implementing the system for the benefit of the future. Upon a call of the roll, the vote resulted as follows: I • • - • • • September 16, 1985 Page 7 Ayes: Nays: • • • Council Members Van Dyke, Vobejda, Weist, Bilo, Bradshaw, Otis. Council Member Higday. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1985 * * * * BY AUTHORITY A BILL FOR * * * COUNCIL BILL NO. 71 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE GRANTING TO THE ENGLEWOOD HOUSING AUTHORITY $50,000 FOR THE ENGLEWOOD HOME REHABILITATION PROGRAM AND AMENDING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY FOR ADMINISTRA-TION OF THE HOME REHABILITATION PROGRAM. Council Member Vobejda noted a typographical error on page 2 of the agreement, under IV Priorities A. Priority Neighborhoods-"applicable" was misspelled. Further Ms. Powers provided information to Mr. Vobejda concerning the definition of "natural persons" and "intact families". These terms appearred in the agreement. MAYOR PRO TEM BRADSHAW MOVED TO PASS COUNCIL BILL NO. 71, SERIES OF 1985, ON FIRST READING. Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Van Dyke, Vobejda, We i s t , Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1985 * * * * BY AUTHORITY A BILL FOR * * * COUNCIL BILL NO. 70 INTRODUCED BY COUNCIL MEMBER BILO • I • • - • • September 16, 1985 Page 8 • • • AN AGREEMENT ESTABLISHING RESPONSIBILITIES BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 70, SERIES OF 1985, ON FIRST READING. Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Van Dyke, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1985 * * * * BY AUTHORITY A BILL FOR * * * COUNCIL BILL NO. 68 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND REGIONAL TRANSPORTATION DISTRICT (RTD) FOR CONCRETE REPAIR WORK AT THE SOUTHWEST CORNER OF SOUTH BROADWAY AND WEST YALE AVENUE. MAYOR PRO TEM BRADSHAW MOVED TO PASS COUNCIL BILL NO. 68, SERIES OF 1985, ON FIRST READING. Council Member Weist seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Van Dyke, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council Member Bilo asked the staff to investigate if there were other areas of the City's streets which have been damaged by RTD and require repair. * * * * * * * BY AUTHORITY ORDINANCE NO. COUNCIL BILL NO. 65 I • • September 16, 1985 Page 9 SERIES OF 1985 A BILL FOR • • • INTRODUCED BY COUNCIL MEMBER VOBEJDA AN ORDINANCE PROVIDING FOR THE RELOCATION OF CITY OF ENGLEWOOD 16-INCH WATER LINE LOCATED ADJACENT TO THE UNION AVENUE BRIDGE AT THE SOUTH PLATTE RIVER. COUNCIL MEMBER VOBEJDA MOVED TO PASS COUNCIL BILL NO. 65, SERIES OF 1985, ON FIRST READING. Council Member Weist seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Van Dyke, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * City Manager McCown discussed a recommendation to hire a con- sulting engineering firm to develop data to remove the water rights from the State of Colorado Abandonment List and to incorporate two additional water rights into the City's operating system. COUNCIL MEMBER HIGDAY MOVED TO DIRECT RON BLATCHLEY OF BLATCHLEY AND ASSOCIATES TO STUDY THE WATER RIGHTS ON THE STATE AND DIVISION'S ABANDONMENT LIST FOR A COST NOT TO EXCEED $21,000. Council Memb er Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Van Dyke, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * City Manager McCown notified Council that the firm of LMS Dril- ling, Inc, recently awarded the contract for casson work at Belleview Park~withdrew from the project. Mr. McCown stated the options were to: 1) go out for new bids, or 2) award the contract to the second low bid- der, Professional Hole Drilling, Inc. • I • • - • • September 16, 1985 Page 10 • • • MAYOR PRO TEM BRADSHAW MOVED TO WITHDRAW THE LOW BID FROM LMS DRILLING, INC AND TO GO WITH PROFESSIONAL HOLE DRILLING, INC IN THE AMOUNT OF $11,472.25. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Van Dyke, Vobejda, Weist, Bilo , Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 34 SERIES OF 1985 * * * * * * A RESOLUTION DECLAR I NG THP. INTENT OF THE CITY OF ENGLEWOOD, COLORADO, TO ISSUE BONDS TO PROVIDE FINANCING FOR A MULTIFAMILY PROJECT TO BE UNDER- TAKEN BY S. BUD BRADY AND/OR ASSIGNS, AS DESCRIBED HEREIN~ PRESCRIBING CERTAIN TERMS AND CONDITIONS OF SUCH BONDS~ AND CONTAINING OTHER PRO- VISIONS RELATING TO THE SUBJECT. MAYOR PRO TEM BRADSHAW MOVED TO PASS RESOLUTION NO. 34, SERIES OF 1985. Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Van Dyke, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * MAYOR PRO TEM BRADSHAW MOVED TO INSTRUCT THE CITY ATTORNEY TO APPEAL THE DECISION OF THE CAREER SERVICE BOARD REGARDING THE LARRY LEYDON CASE. Council Member Weist seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Van Dyke, Vobejda, Weist, Silo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * • I • _I - • September 16, 1985 Page 11 RESOLUTION NO. 35 SERIES OF 1985 • • • A RESOLUTION ENDORSING A ONE-TIME-ONLY TAX AMNESTY PROGRAM SPONSORED BY THE STATE OF COLORADO. COUNCIL MEMBER HIGDAY MOVED TO PASS RESOLUTION NO. 35, SERIES OF 1985. Council Member Van Dyke seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Van Dyke, Vobejda, Weist, Bilo, Bradshaw, Otis. None . The Mayor declared the motion carried. * * * * * * * Mayor Otis reported he has received numerous complaints about the increase of newspaper dispensing machines especially between Delaware and Chenango. Mayor Otis stated Council may want to look into controling the placement of these machines. * * * * * * * Mayor Otis reported the Fall Festival Committee is requesting $10,000 ($5,000 from the City and $5,000 from the EDDA) to assist in the festivities during November 1-3, 1985. Council decided the Mayor should write the Committee supporting the concept and requesting additional information on where the money would be spent. * * * * * * * Mayor Otis stated he write a follow up letter to the member of Planning and Zon i ng Commission who has been absent from several commis-sion meetings. * * * * * * * Council Member Vobejda resigned from the URA so that the new Council Member could continue to serve on the board. Mayor Otis appointed Susan Van Dyke as Council-appointee to the ORA effective immediately for tenure. • I • - • September 16, 1985 Page 12 * * * * • • • * * * There being no further business, COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 8:55 p.m. I • • • • • • P R 0 C L A M A T I 0 N WHEREAS, The City of Englewood each year hosts a festive parade for the enjoyment of residents throughout the metropolitan area; and WHEREAS, t he merchants of Englewood have exhibited outstanding community spirit and enterprise in organizing a celebration to coincide wi t h this year 's parade; and WHEREAS, the City Council endorses the efforts of these En gl ewood merchants to call attention to the attractions of this communi ty; and WHEREAS, the pre sentation of Fall Festival Days will bring benefits to all residents of Englewood, Colorado. NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, do hereby proclaim Friday, Saturday and sunday, November 1-3, 19 85 as FALL FES TIVAL DAYS in the Ci ty of Englewood and c all upon all citizens and civic organizations to lend e n th usiastic support to the merch ants participating in this event t o assist in its success. 1985. GIVEN under my hand and seal this 16th day of September, EUG~Is, Mayor I • • ( • • • • 1b P R 0 C L A M A T I 0 N WHEREAS, hunting and fishing have always been important parts of the American tradition . While these activities may no longer b e necessary for survival as in colonial t imes , they are still relevant even in today•s modern society; a nd WHEREAS, for more than 100 years, sportsmen have been in the forefront of the conservat ion movem ent. Not content ~·ith words alone, hunters and fishermen requested spe cial fees and taxes on their equipme nt to pay for wildlife management and other conservation programs, having contributed over $5 b illion for conservation over the years; and WHEREAS, these sportsmen-financed programs have led to dramatic comebacks of many species such as white-tailed de er , elk, antelope and wild t urkey and have be nefited all wildlife; and WHEREAS , both as individuals and through the ir organizations, hunters and fishermen volunteer countless hours of their time for local conservation projects and to raise funds for conservation; NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, commend hunters and fishermen for their efforts on behalf of wil dlife and their contributions to conservation and hereby do proclaim Saturday, September 28, 1985, as HUNTING AND FISHING DAY in the City of Englewood and call upon all our citizens to join with sportsmen-conservationists in their efforts to ensure th e wise use and proper management of our natura l resources to benefit future generations. GIVEN under my hand and seal this 16th day of September, I • • - ( • • • • P R 0 C L A M A T I 0 N WHEREAS, The people of the City of Englewood, as part of the international community of man, recognize that our human family is faced with especially challenging lessons and unparalleled opportunities for growth in this the latter part of the twentieth century, and WHEREAS, The people of the City of Englewood recognize that the time has come to unify our efforts so that we may create a world of harmony and peace, a world transformed by our creative energies and motivated by the spirit of universal loving and brotherhood, and WHEREAS, The efforts of the people of the City of Englewood are clearly dedicated to this transformation of our planet and to the acknowledgment that positive growth begins with the enrichment and upliftment of each individual through the cultivation of an ever growing commitment to PERSONAL INTEGRITY, and WHEREAS, We, the people of Englewood, support one another in strengthening our own integrity and seeking to encourage others in their awareness, recognizing that Personal Integrity is unique to each of us and is the courage of conviction that allows each member of our human family to discover that perfect alignment with our own truth. NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood , do hereby declare September 24, 1985 as INTERNATIONAL INTEGRITY DAY in Englewood, a day when each of us may celebrate the value of Personal Integrity and freely declare, each in the uniqueness of our own expression, our commitment to the creation of a world in which each individual can wi n. 1985. GIVEN under my hand and seal this 16th day of September, I • • ( • • • AGENDA FOR THE REGULAR MEETI NG OF THE ENGLEWOOD CITY COUNCIL SEPTEMBER 16, 1985 7:30 P.M . 1. Call to order. ~ 2. Invocation. ;'~ 3. Pledge of allegiance. ~ JuuJ-~ 1115'/ 4. Roll call. [:;-0 5. Minutes. ~"~ {a) Minutes of the special me e ting o f Au gus t 29, 1 98 5 . ()~;_ {b) Minutes of the regular meeting of September 3, 1985. 6. Council Appointment. . -~(~ {a) Mayor will call for a motion for appointment of ~ Councilmember to represent District II. ~ 1., (b) New Councilmember will be sworn in by Honorable Louis ~~ Parkinson. ~-\~ t4#. 7. Pre-Scheduled Visitors. (Please limit your presentation to 10 minutes. ) I (a) IUV--vr· r (b) Mr. John J. Sc ott, 3801 South Broadway, will be present to accept an honorary citizen certificate. Mr. Ed Roths, 3300 South Marion Street, will be present to accept a proclamation declaring September 28, 1985 as Hunting and Fishing Day. f • ~rJ-. 8. Non-Scheduled Visitors. (Please limit your presentation to 5 min utes) I • • • • • Page 2 September 16, 1985 Agenda 9. Communications and Proclamations. ~.(a) ~ J (b) a-rf' Llt "Q (,l .. ..- Proclamation declaring November 1-3, 1985 as Fall Festival Days. Proc lamation declaring September 24, 1985 as International Integr ity Day. ( 10. Consent Agen da. (a) Minutes of the Englewood Liquor License Authority meeting of J uly 31, 19 85. (b) Minutes of the Englewood Housing Authority meeting of July 31, 1985. (c) Minutes of the Urban Renewal Authority meeting of Augusst 6, 1985. (d) Minutes of the Public Library Advisory Board meeting of August 13, 1985. (e) Minutes of the Planning and Zoning Commission meeting of August 20, 1985. (f) Recommendation from the Water and Sewer Board to approve South Arapahoe Sanitation District's Supplement *30 to annex approximately 4.810 acres. 11. Public Hearing. 12. Ordinances, Resolutions and Motions. (a) Ordinance on f i n a l reading proposing amendments to the Comprehens i ve Zoning Ordinance relative to auto and recreation vehicle sales and lease lots, gas and oil service stations. Recommendation from the Library Department to approve the contract between the City and Dynix, Inc., in the amount of $62,310 for the installation and maintenance of an Automated Library Management System. I • • • • • • Page 3 September 16, 1985 Agenda (c) Recommendation from the Community Development Department to approve a bill for an ordinance to revise the agreement between the City and the Englewood Housing Authority to allow for the transfer of a $50,000 Housing Development Grant for housing rehabilitation from the Colorado Division of Housing. Recommendation from the Englewood Housing Authority to approve an agreement which will establish the responsibilities for the City of Englewood and the Housing Authority. Recommendation from the Engineering Services Department to approve a bill for an ordinance authorizing an agreement between the City of Englewood and Regional Transportation District for the purpose of having concrete work damaged by buses throughout the City, repaired at a cost of $4,192 to RTD. Recommendation from the Water and Sewer Board to approve a utility relocation agreement between the City and the Colorado Water Conservation Board for the Union Avenue line in the amount of $103,970 and a contingency of 10\ to be reimbursed to the City. Recommendation from the Water and Sewer Board that City Council direct Blatchley Associates Inc. to study the water rights on the State and Local Division Engineer's Abandonment List in order for the City to submit the intent for the use of certain water rights. I • • - I 'J ( • • • • • Page 4 September 16, 1985 Agenda 15. General Discussion. (a) Mayor's Choice. (i) Recommendation to approve a Resolution endorsing a one-tim e-only tax amnesty program from September 16, 1985 through November 15, 1985 which will allow individuals and businesses to pay back taxes to the State without penality of prosecution. (b) Council 15. Adjournment. 12ilf!{~ V:.AN_l, Manager AM/sb • I • -• • • AGENDA ITEM ---PRESENTED BY ----- {Ja_l) ~ (J~ &1J.o ft--v uoi:U'Y\ /rl<~a'J- 0~ ~ ~r -~ ~~QJ~p.N/1 QJk v: P. -/ ch'\l tL iLl) .___w~:_~ v;JQ.;c__&·~ 1-u v jrk UM'f-/ v @~ J (JrvfM>O Moved Seconded Hladav Neal Vobeida Weist Bllo Bradshaw Otis MOTION: ( 0 ROLL CALL Ayes Nay Absent Abstain • I . • - • • AGENDA ITEM _-1_,__ __ _ PRESENTED BY -------- ROLL CA LL Moved Seconded Ayes Nay Absent Abstain Hlgday v Neal Vobeida v Welst v Bllo v Bradshaw v Otis y' MOTION: . I • • 0 • • • AGENDA ITEM PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgc:lay Neal -Vobeida Weist 1./ Blto -77 Bradshaw -Otis - MOTION: ~'U!JJ ~ I • • • • • • ,. • AGENDA ITEM Sh PRESENTED BY -------- f ROLL CALL Moved Seconded Ayes Nay Absent Abstain HIQCiay Neal Vo be 1d a Weist v Bllo r Bradshaw Otls I • • • • • • AGENDA ITEM PRESENTED BY cl U-'24-ch-41'-<J ~ #; ~ .)_ r:;;:~ (/!) ;-pJ ~ ;_.J r~ u #- Moved s econded Ayes Nay Absent Abstain ,_ I-I trradav ~ Neal ......- I- Vobe 'da ~ 1 I ~ I We-Ist T =t t- AI lo - I I Bradshaw - - -I 1--=- - I OtIs l- - ----j I "j MOTION : I • • • • • • AGENDA ITEM 6 tL-PRESENTED BY ------- ROLL CALL Hoved Seconded Ayes Nay Absent Abstain / y Hlgday - Neal v Vobeida I Weist I Bllo I Bradshaw I Otis 1/ I • • • • • • AGENDA ITEM PRESENTED BY ------------ ROLL CALL Moved Seconded Ayes Nay Absent Ab sta n Hlqc:lav Neal Vobeida Weist Ailo Bradshaw Otis MOTION: I • • • • • • • AGENDA ITEM 1 tL-· __,_ ___ _ PRESENTED BY ~ ROLL CA LL Hoved Seconded Ayes Nay Absent Abstal n HTgday Neal Vobe i da Weist Bllo Bradshaw Otis MOTIO N: I . • • • • - AGEN DA ITEM 1 b . PRESENTED BY ROLL CALL Moved Seconded Ayes Nay Absent Abstain v Hladav Neal j 7 Vobeida I Welst I 1./ 8.110 I Bradshaw I Otis I I • • • • • - • - AGENDA ITEM L PRESENTED BY --------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday Neal Vob eida Weist Bllo Bradshaw Otis MOTION : I • • • • • • AGENDA ITEM q tJ---PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain _11_1 gdat I Neal I vobeida I Weist _j_ ...-v Bllo I r Bradshaw I Otis MOTION: I • • • • • .. • AGENDA ITEM ~ PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain 111goay Neal I v Vobeida I v Weist I Bllo I ~ Bradshaw I Otis I I • • MOTION:{l~u • • • AGENDA ITEM~ -PRESENTED BY -------- RO LL CAL L Moved Seconded Ayes Nay Absent Abstain Hlgday NeaT I Vobeida I -Weist I v Bllo v Bradshaw I Otis I I I • • • • • AG ENDA ITEM PRESENTED BY -------- ROLL CALL Hoved Se conded Ayes Nay Absent Abstain r Hlg<lay Neal Vobei d a Weist Bllo I/" Bradshaw Otis MOTION: Ci)¥s o . 1 I • • • • • • • AGENDA ITEM -----PRESENTED BY -------- ROLL CALL Hoved Seconded Ayes Nay Absent Abstain __!!_l_g_Q_ay .,. Neal -y Vobeida - Weist _8_1 lo v Bradshaw Otis - • ~/u, MOTION: • ' I .~ --;roo-I • • • • • • AGENDA ITEM -----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday Neal -v vobeida -• Weist -//"' Bllo / Bradshaw / Otis I/ I • MOTION: /(p .¢-/2 e.. (-z) t ~ • • • • - • • AGENDA ITEM -----PRESENTED BY-------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain V" 111gaay Neal -Vobejda Weist - Bllo / v Bradshaw / Otis • I • • MOTION: /0.4-I~ -""-(z_) • • • • • AGENDA ITEM ----PRESENTED BY ------ ROLL CALL Moved Seconded Ayes Nay Absent Abstain H 1goav -Neal Vob eid a Weist Bllo / Bradshaw / Otis / MOTION: I . • • • -• • • AGENDA ITEM ~~h . ~-r-4~ ~!A_,-.....,__ (>~~ ,/?~~ v jo ~~ a-t,(2J-;y:) ~ ~w---'Jru~ ;6 ~..u ·w / ~ ~~)V tJ ~ -~""--->j /nth--~ uJ;, ROLL CALL Moved Seconded Ayes Nay Absent Abstain liTQcfay Neal Vobeida Weist J/' Bllo v Bradshaw Otis • • I . • • .. • AGENDA ITEM ---PRESENTED BY ----- Moved Seconded Ayes Nay Ab sent Abstain H. qoay -Neal I Vob e ida 7 Weist I Bllo T Bradshaw I Otls MOTION: I . • • • • • - AGENDA ITEM PRESENTED BY £/~,/).A ROLL CALL Moved Seconded Ayes Nay Absent Abstain HT(Jday I Neal I y Vobe,da I Weist 7 Bllo I y Bradshaw I Otis 1/ I MOTION: I . • e. (6-IJ 11 ,, Pr t?tt~ ~ • • • • • AGENDA I TEM ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgoay Neal I v Vo beida I Weist I 77 Bllo 7 Bradshaw I Otis 7 I MOTION: I • • • • • • AGENDA ITEM PRESENTED BY /!l L c/))_1},___- ROLL CALL Moved Seconded Ayes Nay Absent Abstain HIQday Neal I Vobe;da I v WeTst I Bllo I J./ Bradshaw I Otis MOTION: I I . • • - • AG"'DA 'TF.M -¥ /L pfl_j__ Moved Seconded HlqOay Neal v Vobeida 7/ We I st Bllo Bradshaw Otis MCYriON. C84d6 s ROLL CALL I • • • /f12 U 0z,L--____ PRESENTED BY -------- Ayes Nay Absent Abstain I I I I I I II I . • • • - PRESEN!ED BY lh <-8ru: x ROL L CA LL Moved Seconded Ayes Nay Absent Abstain v Hlgday Neal I vobeida I Weist I v Bllo Bradshaw I Otis ' I . • • • In • • • AGENDA ITEM I~ J 111 s flu-{!__~ ~ ct.o ~~ 0 I ci.. c~ JD ~ ~~ ll J' ~ ~~~,J_I,L,u)~ ;1+_/oJ Cft4-<~ ~ /It/ 1~· z ~ RO LL CAL L Hoved Seconded Ayes }Nay Absent Abstain Hlgday Neal I Vobe i da I Weist I 1/ Bilo I 77 Bradshaw 1/ Otis MariON: ~ / d o( /r; S ~ a.---<--:?-t_ __ _ I . • • • • AGENDA I T EM -'-/~3;;,:::__.:..._· __ ROLL CALL Moved Seconded Ayes Nay Absent Abstain I Hlgday Neal I v Vobeida I Wei s t I 81 lo v Bradshaw I Ot i s MOTION: I • • • - • • AGENDA ITEM ~ PRESENTED BY ~1----- ROLL CALL Moved Seconded Ayes Nay Absent Abstain J Hlqdav Neal J Vobeida I v Weist J Bllo I //' Bradshaw [/ Otis I I • • • • • • AGENDA ITEM !Stt-__A ' PRESENTED BY ~ ROLL CALL M d ove S conded e Ayes Nay Absent 1 Absta 1 n 11' Hiqday y Neal I Vobeida I Weist I Bllo T Bradshaw I Otis 7 T MOTION: I • ~-P-35 • • -• • • AGENDA ITEM ---PRESENTED BY .,_&u..::=.->~-- (!~/ r-?U (}~ (/}-\ ~')J~~~-r fo-u wct-v--J-~/V--~ -~~ -~ urrt-1~ ~ ;l-a-L ~ ~~ .,_, J ~6~~~ ~ ad '-A'/L ~r~ ~:P-~:d.!~o,vro 6, v ~7) r~,v c. 7 o-0, VY'D r~ C; DJJ~-) 1::. /)f) Jl • ~x 1 11s lfl) /) ~uJ.-~r-C~ &>.A//~ /f~ ;) ~!..,0 -tL,uJ.-v~ -U/0 ~ r J- HIQCiay Neal Vobeida Weist Bllo Bradshaw Otls MCYl'ION: I . . • • - AGENDA ITEM ----PRESENTED BY {J)..;t;;;) Moved Seconded Ayes Nay Absent Abstain Hiodav Neal vobeida WeTst Bllo Bradshaw Otis MCYriON: I . . • • SPECIAL MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado August 29, 1985 The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on August 29, 1985, at 6:15 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Higday. The pledge of allegiance was led by Mayor Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday , Neal, Bilo, Bradshaw, Otis. Absent: Council Members Vobejda, Weist. The Mayor declared a quorum present . * * * * * * * Also present were: Acting City Manager Vargas City Attorney Olsen ORDINANCE NO. 51 SERIES OF 1985 * * Deputy City Clerk Owen * * * BY AUTHORITY * * COUNCIL BILL NO. 59 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE CONC ERNING WAT ER RIGH TS TO, AN D THE USE OF, WATER FROM THE DA WSO N, DEN VER, ARAPAH OE, LARAM IE -F OX HILLS; AND DAKOTA AQUIFERS; REQUIRING DEEDED WATER RIGH TS I N CONNECTI ON WITH WATER SERVICE CHANGES; REGULATING WELL CONSTRUCTION ; REPEALING CO NFLICTING ORDINANCE; AND ESTABLISHING AN EFFECTIVE DATE; AND DECL AR I NG AN EM ERGENCY. COU NCIL MEMB ER HIGDAY MOVED TO PASS COUNCIL BILL NO. 59, SERI ES OF 1985 , ON FINAL READING . Council Mem b e r Bi lo seconded the mot i on. Upon a call of the roll , th vote resu l ted as fol l ows: Ayes: Nays : Council Members Higd ay , Ne a l , B il o, Br a dsh a w, Otis . None • • I • • • August 29, 198 5 Page 2 Absent: • • • Council Members Vobejda, Weist. The Mayor declared the motion carried. * * * * * * * There being no further business, COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. The Mayor declared the meeting adjourned without a vote at 6:20 p.m. ~~ty City Clerk ~ • I • • - • REGULAR MEETING: • • - COUNCIL CHAMBERS City of Englewood, Colorado September 3, 1985 .!/ b The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on September 3, 1985, at 7:30 p.m. Mayor otis, presiding, called the meeting to order. The invocation was given by Council Member Higday. The pledge of allegiance was led by Mayor otis. Mayor otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Vobejda, Weist, Bile, Bradshaw, otis. Absent: None. The Mayor declared a quorl..lll present. * * * * * * Also present were: City Manager McCown City Attorney Olsen * * Assistant City Manager Vargas Assistant City Manager for EConomic * * Development Powers Director of Engineering Serv ices Diede Deputy City Clerk OWen * * * * * * MAYOR PRO TEl-1 BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF AUGUST 19 , 1985. Council Member Weist seconded the motion. Upon call of the roll, the vote resulted as follows: Ayes: Council Members Higday , Neal, Weist, Bile, Bradshaw, otis. Nays: None. Abstain: Council Member Vobejda . The Mayor declared the motion carried. * * * * * * * * I • • - • September 3, 1985 Page 2 • • • MAYOR PRO TEM BRADSHAW MOVED TO BRING FORWARD CONSENT AGENDA ITEl-1 9(F) "ORDINANCE ON FINAL READING TO SUBMIT TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 5, 1985, THE QUESTION OF WHETHER TO ENACT A RENTAL HOUSING REGULATION PROGRAM." Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council l'enbers Higday , Neal, Vobejda, Weist, Silo, Bradshaw, otis. None. 'lbe Mayor declared the motion carried. ORDINAOCE NO. 53 SERIES OF 1985 BY AUTHORITY COUNCIL BILL NO. 61 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLMXlD AT THE GENERAL MUNICIPAL ELECTION TO BE HEW ON NOVEl-IBER 5, 1985 A QUESTION REXiARDING REGULATION OF RENTAL HOUSING IN THE CITY. MAYOR PRO TEl-l BRADSHAW MOVED TO PASS COUNCIL BILL NO. 61, SERIES OF 1985, ON FINAL READING. Council l'enber Vobejda seconded the mot ion. Upon a call of the roll, the vote resulted as follows: Ayes: Council l'enbers Higday, Neal, Vobejda, Weist, Silo, Bradshaw, otis. Nays: None . The Mayor declared the motion carried. Mayor Pro Tern Bradshaw excused herself fran the meeting at 7:40 p .m. to attend another meeting. * * * * * * * * Pre-scheduled visitor Rosemary LaPorta was present. Ms. LaPorta presented the concept of holding an Englewood Fall Festival in conjunction with the Annual Englewood Holiday Parade for the benefit of forming the Englewood CUltural Center. Mayor otis offered the support of Council. Ms. LaPorta asked for a city-liaison designate. Mayor otis stated Dorothy Dalquist, the City's public relations specialist, would be the liaison • I • • n • September 3, 1985 Page 3 • • • COUNCIL MEMBER HIGDAY MOVED THAT CITY COUNCIL SUPPORT THE CONCEPT. Council 1-Bnber Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Weist, Bile, otis. None. Mayor Pro Tern Bradshaw. The Mayor declared the motion carried. * * * * * * * * Mayor otis asked if there were any other visitors wishing to address Council on any :~e~t_this time. ~4 Dave Wil~, Area Director of AFijME, cane forward. Mr. Williams discussed Consent enda Item 9(g~~dinance on final reading clarifying mandatory rgainini subjects for the career Service System. Mr. Williams urged the defeat of the ordinance on the basis that the matter was not a current concern. Mr. Williams stated "if it's not broke, don't fix it." * * * * * * * * 3900 South Pennsylvania, came forward. Mr. Fowler his neighborhood caused by high school ~~~~~~·~ential streets. After lengthy discussion, Council to initiate e following action: 1) a 30-minute parking limit and for tho whe reqoJ:"re longer periods of time an issuance of a permit to park longer; 2) increased police patrol in the subject area; and 3) inquiry into why the school disallows parking in the school lot. City Manager McCown assured Mr. Fowler attempts would be made to resolve the problem and took down Mr. Fowler's telephone m.rnber to report progress. * * * * * * * * Marj Nickllll fran Total Business Systems, 34 70 South Broadway, came forward . Ms. Nickllll brOIXJht to Council's attention the problem of parking on the days when the Farmer's Market is open. Ms. Nickl.lll asked if another location could be found for the Farmer's Market. * * * * * * * * I • • September 3, 1985 Page 4 • • • Pete Juenemann, President of the EEA, came forward. Mr. Juenemann spoke concerning the ordinance clarifying mandatory bargaining subjects. Mr. Juenemann stated he understood the spirit of negotiations back in 198~ were that things would not change pertaining to this matter. Mr. Juenemann urged defeat of the ordinance so that the employees could hold onto certain rights. • • • • • • • • Mayor otis presented a letter fran Larry Novicky resigning fran the Urban Renewal Authority. COUNCIL MEMBER NEAL MOVED TO ACCEPT WITH REGRET THE RESIGNATION OF LARRY NOVICKY FROM THE URBAN RENEWAL AUTHORITY. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Vobejda, Weist, Bilo, otis. Nays: None. Absent: Mayor Pro Tern Bradshaw. The Mayor declared the motion carried. • • • • • • • • "Consent Agenda Items" were: (a) Minutes of the Downtown Developnent Authority meeting of July 1~, 1985. (b) Minutes of the Board of Adjustment and Appeals meeting of July 1~, 1985. (c) Minutes of the Liquor License Authority meeting of July 24, 1985. (d) Minutes of the Planning and Zoning Cootnission meeting of August 6, 1985. (e) Ordinance on final reading amending the Englewood Municipal Code regarding the maximllll punisiTnent which can be imposed by the Englewood Municipal Court. (f) Ordinance on final reading to subnit to the voters at the General Municipal Election on November 5, 1985, the question of whether t o e nac t a rental housing regulation program • • I • • • • • • September 3, 1985 Page 5 (g) Ordinance on final reading to sul:mit to the voters at the General Municipal Election on November 5, 1985, clarifying mandatory bargaini ng subjects for the Career Service System. Council acknowledged affirmative action already taken on Consent Agenda item 9 (f) • COUNCIL MDlBER NEAL MOVED TO APPROVE CONSENT AGENDA ITEMS 9 (A) - 9(E) AND TO CONSIDER SEPARATELY 9(G). Council r-enber Bilo seconded the motion . Upon a call of the roll, the vote resulted as follows: 1985. Ayes: Council r-enbers Higday , Neal, vobejda, Weist, Bilo, otis. Nays: None. Absent: Mayor Pro Tern Bradshaw. The Mayor declared the motion carried. Consent Agenda item 9(e) was nunbered Ordinance No. 52, Series of BY AUTHORITY ORDINAOCE NO. 54 SERIES OF 1985 COUNCIL BILL NO. 60 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINAOCE 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 AMENll'IENT TO THE CHARTER OF THE CITY OF ENGL~ AMENDING THE ENGLEWOOD EMPLOYEE RELATIONS AND CAREER SERVICE SYSTEM ACT TO ADD CERTAIN PROVISIONS THEREIN. COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 60 , SERIES OF 1985, ON FINAL RFADING. Council r-enber Weist seconded the motion. Council Member Higday spoke in favor of the bill. Mr. Higday stated he was nervous about the possibility of having inexperienced officers patrolling the streets at night which was a dangerous time . Council Member Neal spoke in favor of the bill. Mr. Neal recalled when the City agreed to a period of three years to have the maintenance of benefits clause and this time has expired. Mr. Neal stated the City was not c hanging the scope of bargaining. Mr. Neal stated the City was attempting to allow the managers to do their job . Upon a call of the roll, the vote resulted as follows: I • • • September 3, 1985 Page 6 Ayes: Nays: Absent: • • • Council Members Higday, Neal, Vobejda, Weist, Bilo, Otis. None. Mayor Pro Tern Bradshaw. The Mayor declared the motion carried. RESOLUTION NO. 33 SERIES OF 1985 * * * * * * * * A RESOLUTION SUPPORTING FEDERAL LEGISLATION THAT WILL REVITALIZE THE PRINCIPLES OF STATES RIGHTS AS ESTABLISHED BY THE TENTH AMENil-IENT TO THE CONSTITUTION AND LEGISLATION THAT V.UULD EXEMPT STATE AND LOCAL GOVERNMENTS FRGI COVERAGE UNDER THE FAIR LABOR STANDARDS ACT. COUNCIL MEMBER NEAL MOVED TO PASS RESOLUTION NO. 33, SERIES OF 1985 . Council Member Weist seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Counc il Members Higday, Neal, Vobejda, Weist, Bilo, Otis. None. Mayor Pro Tern Bradshaw . The Mayor declared the motion c arried. * * * * * * * * City Manager M::Cown presented a council c cmnunication from Fire Chief Broman reccmnending award of bid for a mobile breathing air compres-sor. COUNCIL MEMBER WEIST MOVED TO APPROVE THE AWARD OF BID FOR A MOBILE BREATHING AIR COMPRESSOR TO THE LOW BIDDER EAGLE AIR SYSTEMS IN THE AMOUNT OF $21 ,806 .10. Council Member Vobejda seconded the motion. Cou ncil Member Higday opposed the expenditure in light of recent actions to cut the budget . Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal , Vobejda, Weist, Bilo, Otis. Nays: Council Member Higday . • I • • • September 3, 1985 Page 7 Absent: • • - Mayor Pro Tern Bradshaw. The Mayor declared the motion carried. * * * * * * * * Director of Engineering Services Gary Diede presented a council comnunication recomnending the award of bid for the construction of South Broadway Streetscape No. 1. COUOCIL Ml'l'1BER VOBEJDA MOVED ro APPROVE THE AWARD OF CONTRACT FOR CONSTRUCTION OF SOUTH BRO~y STREETSCAPE NO. 1 ro SABELL' S IOC IN THE AMOUNT OF $179,386.74. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Vobejda, Weist, Bile, Otis. Nays: None. Absent: Mayor Pro Tern Bradshaw. The Mayor declared the motion carried. * * * * * * * * Director Diede presented a council comnunication recommend the award of bid for the 1985 OVerlay Program and to additional streets. COUOCIL MEM3ER NEAL MOVED TO AWARD THE CONTRACT FOR THE 19 85 OVERLAY PROGRAM TO EVANS PAVING (RKS INDUSTRIES, INC) IN THE AMOUNT OF $102,500 WITH PERMISSION TO ADD STREETS FOR AN AMOUNT NOT TO EXCEED $11 ,000. Council Member Weist seconded the motion . Upon a call of the roll, the vote resulted as foll ows: Ayes: Nays: Absent: Council Members Higday , Neal, Vobejda, Weist, Bile, Otis. None . Mayor Pro Tem Bradshaw. The Mayor declared the motion carried. * * * * * * * * Director Diede presented a council coomunication recol1111ending award of bid for bridge deck repa irs and overlay at the union Avenue Bridge and the LDgan Street Bridge. • I • • ( • September 3, 1985 Page 8 • • - COUNCIL M&!BER WEIST MOVED TO APPROVE 'ffiE AWARD OF BRIDGE DFX:K REPAIRS AND OVERLAY PROJFX:T TO TID1ASSON CONSTRUCTION COMPANY FOR THE UlV BID OF $70,760.90. Council Me:nber Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Me:nbers Higday, Neal, Vobejda, Weist, Bilo, otis. Nays: None. Absent: Mayor Pro Tan Bradshaw. 'Ihe Mayor declared the motion carried. * * * * * * * * Director Diede presented a council ccmnunication reconmending award of bid for the Belleview Park Tennis Court caisson walls repair. CXllJOCIL MEMBER BILO MOVED TO AWARD THE CONSTRUCTION CONTRACT FOR BELLEVIFlV PARK TENNIS COURT CAISSON WAILS REPAIR TO U1S DRILLING, INC, IN THE AMOUNT OF $9,481.11. Council Me:nber Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Me:nbers Higday, Neal, Vobejda, Weist, Bilo, otis. Nays: None. Absent: Mayor Pro Tan Bradshaw. 'Ihe Mayor declared the motion carried . * * * * * * BY AUTHORITY ORDINANCE NO. SERIES OF 1985 __ _ A BILL FOR * * COUNCIL BILL NO . 63 INTRODUCED BY COUNCIL M&!BER VOBEJDA AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, SECTION 16 .2, ADMINISTRATION OF THE ORDINANCE; SFX:TION 16.3, PROCEDURES FOR INITIAL ZONING OF PROPERTY , REZONING, AND CHANGES AND AMEtOolENTS TO THE ORDINANCE; SFX:TION 16.4-17, FENCES AND RETAINING WALLS; SFX:TION 16.4-18 , LANDSCAPE ORDINANCE; AND SFX:TION 16.4-19, SIGN CODE. • I • ( September 3, 1985 Page 9 • • - COUNCIL MEM3ER VOBEJDA MOVED 'ro PASS COUNCIL BILL NO. 63, SERIES OF 1985, ON FIRST READING, AND 'ro SET A PUBLIC HEARING ON THE MATTER FOR MONDAY, OCTOBER 7, 1985, AT 7:30 P.M. Council Member Neal secorded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Weist, Bilo, otis. None. Mayor Pro Tern Bradshaw. 'Ihe Mayor declared the motion carried. * * * * * * * * City Attorney Jack Olsen reported that the Appeals Court denied certiorari in the matter of Judge Parkinson and the City of Englewood case. Mr. Olsen stated the Judge has requested the City Attorney's office to hire another prosecuting attorney. Mr. Olsen stated he was studying various ways to accamodate this request without hiring more people. * * * * * * * * City Attorney Olsen expressed regret from hUnself ard his staff at the resignation of Council Member Neal. * * * * * * COUNCIL MEMBER HIGDAY MOVED 'ro SET A SPFX:IAL 'AEETING ON MONDAY, SEPTEMBER 9, 1985 , AT 7:30 P.M. TO RECEIVE THE 1986. PROPOSED BUDGET. Council Member Bilo seconded the motion . Upon a ca:U of the roll, the vote resulted as follows : Ayes: Council Members Higday, Neal, Vobejda , We ist , Bilo, otis. Nays: None . Absent: Mayor Pro Tern Bradshaw. 'Ihe Mayor declared the motion carried. * * * * * * * * Mayor otis made the following appointments: (a) Norleen Palmer to the Housing Authority for a term to expire July 1 , 1990 • • I • • - • • September 3, 1985 Page 10 • • • (b) Robert Mcintyre to the Urban Renewal Authority for a term to expire February 5, 1190 Mayor otis noted someone would be appointed as an alternate to fill Mr. Mcintyre's position (c) Council Member William Vobejda as the Council appointee to the Urban Renewal Authority (d) Himself to the Englewood Downtown Development Authority Mayor otis noted Council !i2mber Neal's resignation was effective September 3, 1985 at midnight at which tirre the replacement appointrrents would be effective. • • • • • • • • CO!.JOCIL MEMBER HIGDAY MOVID TO APPOINT KEN BULL, 5001 SOUTH WASHINGTON, TO THE ELEX::TION CXM1ISSION FOR A TERM TO EXPIRE FEBRUARY 1, 1986. Council Member Bilo seconded the motion. Upon a call of the roll,the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Weist, Bilo, otis. None. Mayor Pro Tern Bradshaw. '!be Mayor declared the motion carried. • • • • • • * • Council gave farewell to Cou ncil Member Neal as did former Council Member Fit zpatr ick who was present. Council Member Neal expressed his mixed anotions at departure. Council wished Mr. Neal well in his new endeavors. • • * • • * • • No further business was before Council. COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor otis adjourned the rreeting without a vote at 9:00 p.m. ~~d~ ty C1ty Clerk • I • - • • • • • Form of Oath: State of Colorado J County of Arapahoe J ss. City of Englewood J Susan Van Dyke I, , do solemnly swear that I will suppon the Constitution of the United States, the Constitution of the State of Colorado, and the Chaner and Ordinances of the City of Englewood; and that I will, to the best Of my ability, faithfully perform the duties of the Office Of Councilmember during my continuance therein, so help :~efod. .... ~ . :w~-~<?;gL . Subscribed and swom to before me this 16th day of S•p<•mbH ;;.t;:,dJ~~~~ . (1969 Code § 1-S-4) 'wM:; PaH~MtiNJapal I~e for other oath-taking official) • I . ( • • • - 1b P R 0 C L A M A T I 0 N WHEREAS, hunting and fishing have always been important parts of the American tradition. While these activities ma y no longer be necessary for survival as in colonial t imes, they are still relevant even in today•s modern society; a nd WHEREAS , for mo re than 100 years, sportsmen have been in the forefront of the conservation movement . Not content vith words alone, hunters and fishermen requested spec ial fees and taxes on their equipment to pay for wildlife management and other conservat i on programs , having contributed over $5 billion for conservation over the years; and WHEREAS, these sportsmen -financed programs have led to dramatic comebacks of many species such as white-tailed deer, elk, antelope and wild turkey and have benefited all wild life; and WHEREAS , both dS individuals and through the ir organizations, hunters and fishermen volunteer countless hours of their time for local conservation projects a nd to raise funds for con se rvation; NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, commend hunters and fishermen for their efforts on behalf of wildlife and the ir contributions to conservation and hereby do proc laim Saturday , September 28, 1985 , as HUNTING AND FISHING DAY in the City of Englewood and call upon a ll our c itizens to join with sportsmen-conservationists in their efforts to ensure the wise use and proper management of our natural resources to benefit future generations . GIVEN under my hand and seal this 16th day of September , MAYOR • I • • • .. P R 0 C L A M A T I 0 N WHEREAS, The City of Englewood each year hosts a festive parade for t he enjoyment of res idents throughout the metropolitan area; and WHEREAS, the merchants of Englewood have exhibited outstanding community spirit and enterprise in organizing a celebrat i on to coincide with t hi s year's parade; and WHEREAS, the City Council endorses the efforts of these Englewood me r chants to call attention to the attract ion s of this community; and WHEREAS, the p rese ntat ion of Fall Festival Days will bring benefits to all res id ents of Englewood, Colorado. NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, do hereby proclaim Friday, Saturday and Sunday, November 1 -3, 1985 as FALL FES TIVAL DAYS in the City of Englewood and call upon all cit izens and civic organizations to lend enthusiastic support to t he merchants partic ipating in this event to assist in its success. 1985. GIVEN under my hand and seal this 16th day of September, EUGENE L . OTIS, Mayor • ) I • • • • • • P R 0 C L A M A T I 0 N WHEREAS, The people of the City of Englewood, as part of the international community of man, recognize that our human family is faced with especially challenging lessons and unparalleled opportunities for growth in this the latter part of the twentieth century, and WHEREAS, The people of the City of Englewood recognize that the time has come to unify our efforts so that we may create a world of harmony and peace, a world transformed by our creative energies and motivated by the spirit of universal loving and brotherhood, and WHEREAS, The efforts of the people of the City of Englewood are clearly dedicated to this transformation of our planet and to the acknowledgment that positive growth begins with the enrichment and upliftment of each individual through the cultivation of an ever growing commitment to PERSONAL INTEGRITY, and WHEREAS, We, the people of Englewood, support one another in strengthening our own integrity and seeking to encourage others in their awareness, recogniz i ~g that Personal Integrity is unique to each of us and is the courage of conviction that allows each member of our human family to discover that perfect alignment with our own truth. NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, do hereby declare September 24, 1985 as INTERNATIONAL INTEGRITY DAY in Englewood, a day when each of us may celebrate the value of Personal Integrity and freely declare, each in the uniqueness of our own expression, our commitment to the creation of a world in which each individual can wi n. 1985. GIVEN under my hand and seal this 16th day of September, Mayor • I • • • • • • ENGLEWOOD LIQUOR LICENSE AUTHORITY Minutes July 31, 1985 The meeting was called to order at 7:48 p.m. by {' Chairman Styes. PRESENT: He inle , Lunders, McLaughlin, Styes. ABSENT: One member due to unfilled vacancy at this time. The Chair declared a quorum present. * * * * * HEINLE MOVED, MCLAUGHLIN SECONDED A MOTION TO APPROVE THE MINUTES OF JULY 24, 1985. Ayes: He i nle, McLaughlin, Lunders, Styes. Nays: None. The Cha i r declared the moit on carried . • * * * * The Authority heard a reques from Mr. Dave Allen, VFW Post 322, f o r a special events permit on Aug us 10 , 1985 . After a lengthly disc u s sion concerning he activitie s and control o f li quor consumption, the Liq uor Licensing Authorit y advised Mr. Allen no special events permit was required. • • * * * LUNDERS MOVED, MCLA UGHLIN SECONDED A MOTI ON TO OPE N THE SHOW CAUSE HEARING ON JOSE CORRAL DBA EL TEPEHAUN RESTAURANT AND STEAK HOUS E, 3 457 SOUTH BROADWAY . Ayes: Heinle, McL aughlin , Lunde rs, S yes. Nays: NonE>. The Chair declared he moito n carried . John Collins was present on b ehalf of the Englewood Police Department . Tom Bock, Englewood Police Department tes ified concerning his investigations of Jose Corral! r eflec ing imp ropriety beh avio r for a liquor licensee . Richard A. Hostetler , attorney , represented Jose Corral in dE>fense of those repor s for the purpose of renewing Mr. Corral's l iquor lice ns . • I • • I • • • • Englewood Liquor Licensing Authority July 31, 1985 Page 2 Jose Corral , 4737 South Cherokee, estified on his own behalf. Chairman Styes recessed the mee ing at 9:33 p.m. and reconvened at 9:45 p.m. to all ow the court repor ter time to change paper in the recording machine. The Authority heard closing remarks from both sides an d then recessed to executive sess ion at 9:58 p.m. The Authority reconvened at 10:50 p .m. HEINLE MOVED, MCLAUGHLIN S ECONDED A MOTION THAT BECAUSE JOSE D. CORRAL DBA EL TEPEHAUN RESTAURANT AND STEAK HOUSE, 3457 SOUTH BROADWAY, EN GLEWOOD, COLORAD O , DOES NOT QUALIF Y PURSUANT TO 12-47-111 (1) (A) (3) AND (8) OF THE COLORADO REVISED STATUTES , THE RENEWAL OF THE BEER AND WINE LICENSE IS HEREBY DENIED , AND THA T ANY BEER AND WINE LICENSE NOW IN EFFECT IS HEREBY REVOKED . Ayes: Heinle , McLaughlin, Styes. Nays: Lunders . The Chair declared the motio n carried. The Authority noted their written findings of fact would be sent to Mr. Corral within 30 days . * * * * * MCLAUGHL IN MOVED, LUNDERS SECONDED A MOTION TO APPROVE THE CHANGE OF OWNERSHIP APPLICATION FOR O'REILLY 'S, 90 WEST BELLEVIEW. Ayes: Heinle , McLaughlin, Lunders, Styes. Nays: None. The Chair declared he motion carried • * * * * * LUNDERS MOVED, MCLAUGHL IN SECONDED A MOTION TO ACCEPT THE APPLICATION FROM ENGLEWOOD LIQUORS AS AMENDED. Ayes: Heinle, McLaughlin, Lunders , Styes . Nays: None . The Chair declared the mo ion carried. * * * * * I • • • Englewood Liquor Licensing Authority July 31, 1985 Page 3 • • • LUNDERS MOVED, MCLAUGHLIN SECONDED A MOTION TO SUSPEND THE LIQUOR LICENSE OF CASUAL LOUNGE, 65 WEST FLOYD AVENUE FOR A PERIOD OF 15 DAYS EFFECTIVE AUGUST 1, 1985, AND TO SET A PUBLIC HEARING FOR AUGUST 21 , 1985, AT 7:30 P.M. Ayes: Heinle, McLaughlin, Lunders, Styes. Nays: None. The Chair declared the motion carried. * * * * * The meeting adjourned at ll:lo p .m. I • • ,.. • • • • ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS REGULAR MEET! NG July 31, 1985 1 o8 The regular July meeting of the Englewood Housing Authority was called to order at 6:35p.m., July 31, 1985 at Simon Center, 3333 South Lincoln Street, Englewood, CO 80110 I. Roll Call: Members Present: Also Present: Mr. Thomas J. Burns, Chairman Mrs. Elizabeth Beier, Vice Chairman Ms. Beverly Bradshaw, Member Mrs. Valerie Lash, Member Mr. Alan Feinstein, Executive Director, EHA Ms. Mary Ryan, Housing Division Ms. Charlotte Pritchard, Recording Secretary II. Reading and Approval of Minutes from June 26, 1985 Typographical errors were noted on pages one and three of the June 26, 1985 minutes. MOTION IT WAS MOVED BY MS. LASH THAT THE MINUTES OF JUNE 26 , 1985 MEETING BE APPROVED AS AMENDED. MS. BRADSHAW SECONDED THE MOTION. Ayes: Burns, Beier, Lash, Bradshaw Nays : None The Chairman declared the motion carried. Mr. Feinstein, Executive Director, discussed three findings resulting from a HUD inspection held in February, 1985. After explaining that there is the possibility of using HUD Development Funds remaining from the construction of Orchard Place to finance the needed repairs, the Board agreed to have Mr. Feinstein pursue, through public notice and sealed bids, the corrections needed . • I • - • Englewood Housing Authority Regular Board Meeting July 31 , 1985 Page two • • - The City of Englewood has agreed to pro vide the Housing Authority with benefits for our employees. Mr. Feinstein co nducted a telephone poll of the Board members, who agreed that purchase of benef i ts through the City was better for all co ncerned. ~ MRS. BEIER MOVED TO RATIFY THE RESULTS OF THE TELEPHONE POLL CONDUC TED BY MR . FEINSTEIN CONCERNI NG THE PURCHASE OF BENEFITS THROUGH THE CITY OF ENG LEWO OD PROGRAM FOR HOUSING AUTHORITY EMPLOYEES. MS. BRADSHAW SECONDED THE MOTION. Ayes: Burns , Lash , Beier, Bradshaw Nays: None The Chairman declared the motion carried. Discussion fol l owed regarding the Agreement between the City of Englewood and the Englewood Housing Authority. MOTION MRS. LASH MOVED TO ACCEPT THE PROPOSED AGREEMENT AS AMENDED AND TO AUTH OR IZE THE CHAIRMAN AND THE EXECUTIVE DIRECTOR TO EX ECUTE THE AGREEMENT. MRS. BEIER SECONDED THE MOTION. Ayes: Burns, Bradshaw, Lash, Beier Nays: None The Chairman dec lared the motion carried . ARRP Status Following lengthly discussion, t he Board of Commissioner's agreed to the following motion in an effort to ass is t in the sale of the ARRP units to low-income families. MOTION IT WAS MOVED BY MS. BRADSHAW TO REDUCE THE PRICE OF EACH OF THE 8 ARRP UNITS BY S10,000, BASED ON THE AVERAGE OF TWO APPRAISALS. THE $10,000 WILL BE IN THE FORM OF A 5 YEAR DECLINING LEIN. THE BOARD WILL OFFER NO ASSISTANCE WITH EITHER THE DOWN PAYMENT OR THE CLOSING COSTS. MRS . LASH SECONDED THE MOTION. Ayes: Burns, Beier, Bradshaw, Lash Nays : None The Chairman declared the motion carried. • I • - • • Englewood Housing Authority Regular Board Meeting July 31, 1985 Page three Project Self-Sufficiency • • - MOTION IT WAS MOVED BY MS. BRADSHAW THAT THE BOARD OF COMMISSIONERS DIRECT THE EXECUTIVE DIRECTOR NOT TO PURSUE FUNDING FOR PROJECT SELF-SUFFICIENCY AT THIS TIME. MRS. BEIER SECONDED THE MO TI ON. Ayes: Beier, Bradshaw Nays: Burns, Lash The Chairman decared the motion not carri ed. CDBG Review in Alamosa, Colorado The staff is required to defend their application for State Division of Housing CDBG funds at the Review Board hearing being held in Alamosa on Friday, August 23, 1985 . MOTION IT WAS MOVED BY MS. BRADSHAW TO ALLOW ROBB SHORT AND ALAN FEINSTEIN TO ATTEND THE CDBG REVIEW HEARING IN ALAMOSA, ON AUGUST 23 , 1985. MRS. BEIER SECONDED THE MOTION. Ayes: Burn s , Lash, Bradshaw, Beier Nays: None The Chairman de clared the motion carried. Financial Report s MOTION IT WAS MOVED BY MS. BRADSHAW THAT THE INTEREST EARNED ON CERTIFICATES OF DEPOSIT DURING THE MONTH OF JUNE BE DEPOSITED INTO THE APPROPRIATE OPERATING CAPITOL RESERVE MONEY MARKET ACCOUNTS AND THAT THE $100 ,00 0 CERTIFICATE OF DEPOSIT HELD AT KEY SAVINGS & LOAN BE REINVESTED ACCORDING TO THE TERMS CONTAINED IN RESOLUTION #1, DATED FEBRUARY 13, 1985. MRS. BEIER SECONDED THE MOTION. Ayes: Burns, Lash, Bradshaw, Beier Nays: None The Chairman declared the motion carried . • I . • • • • Englewood Hou s ing Authority Regular Board Meeting July 31, 1985 Page four Director's Choice MOTION IT WAS MOVED BY MRS. LASH THAT THE BOARD OF COMMISSIONERS ALLOW ALAN FEINSTEIN ATTEND THE MOUNTAIN PLAINS REGIONAL NAHRO CONFERENCE BEING HELD IN BISMARK, NORTH DAKOTA. MRS. BEIER SECONDED THE MOTION. Ayes: Burns, Bradshaw, lash, Beier Nays : None The Chairman declared the motion carried. MOTION IT WAS MOVED BY MRS. BEIER THAT THE JULY 31, 1985 MEETING OF THE ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS ADJOURN. MS. BRADSHAW SECONDED THE MOTION. Ayes: Burns, lash, Beier, Bradshaw Nays: None The Chairman declared the motion carried. The re gu l ar J uly meet i ng of t he En gl ewood Housing Author i ty adjour ned at 9:20 p.m . i'~ J . Bur nS: ~ Englewood Housing Authority Alan M. Feinstein, Executive Director Englewood Housin g Authority ) Charlotte M. Pri t thard , Reco r di ng Secreta ry Englewood Housi ng Aut ho rity • • I • • • • I . CALL TO ORDER . • • • URBAN RENEWAL AUTHORITY AUGUST 6 , 1985 The special meetin g of the Englewood Urban Renewal Authority was called to order at 5:40 P . M. by Chairman Ro bert Voth. Members present : Totton, VanDyk e , Vo th, Cole, Minnick, Neal , Nov icky Mcintyre , Non-voting Alt e rnate Powers, Executive Director Membe rs a bsent: None Also present: Marlin D. Opp e rman , Legal Cou nsel And y McCo •m , City Hanager II . PR OP ERTY ACQUISITION/REDEVELOPMENT Nov icky moved: Cole seconded: The Urban Renewal Authority go into Executive Session . AYES: VanDyke, Voth, Cole , Minnick, Neal , Novicky, Totton NAYS: No n e ABSENT: No n e AB STAIN: None The motion ca rried . * * * * * Novicky moved: Minnick seconded: The Urban Renewal Authority come out of Execut ive Session . AYES: Voth , Cole , Minnick, Neal, Novicky, Totton , VanDyke NAYS: None ABSENT: None ABSTAIN: o n e The motion carri ed . Ill. APPROVAL OF Mlf\.1JTES. July 3, 19 85 July 31, 1985 Chairman Vo th s ta ted that Minutes from th e meetings of July 3, 1985 an<:! July 11, 1985 were to b conside r ed for approval. Minni ck moved: Neal second ed: The Minutes of July 3, 1985 and July 31, 1985 be approved as written . I • • • • • - -2- AYES: Cole , Minnick, Neal , Nov icky, To tto n, VanDyke , Voth NAYS: None AB SENT : None ABSTAIN: None The motion carr ied. IV. RELOCATION CLAIMS. Mer ch ant's Oil Ms. Powers discussed an appeal filed by Merchant's Oil following the denial by the Auth o rity o f the r eloca tion claim submitted after the six- month filing deadline. Mer ch ant's Oil has appealed the denial, statin g that the y were unawar e o f a filing deadl ine , and that the deadline occurred during a busy time of year for th em . Ms. Powers reviewed the memorandum written by As sistant Di r ecto r Hinson in respon se to Me r chant's Oil 's ap- peal, and asked if the Authority members had any questions . Neal moved: Novicky seconded: The Urban Renewal Authority deny the written appeal o f Merchant's Oil f o r an extension of the deadline t o submit relocation claims, and that the relocation claim s hall not be c onsidered. AYES: Minnic k, Neal, Nov i cky , Totton, VanDyke, Voth, Cole NAYS: None ABSENT: None ABS TAIN: No ne The motion c arri ed. V. RELOCATIO. CLAIM Western Unio n Ms. Powers discussed a written app eal filed by We s tern Union. The Au- thority co nsidered a r elocation cl aim filed by l4estern Union o n June 5, and approved payment of $3 ,063 a t that meeting. Western Unio n is asking that other charges which they submi tted be further considered by the Au- thority . Assistant Director Hinso n has analyzed the char ges Western Union is appealing, and has recommended payment of $3,334.40 for the labor cha rg e of Western Union pe r sonnel involved in th e "s wit chover" function from the old equipment to the new eq uipment at th e new location. Ms . Powers asked if there were questions from the Aut hority. Discussion followed . Minnick moved: Novicky second ed: The Urban Renewal Autho rity approve payme nt to Western Union in the amount o f $3 ,334.40 for Western Union em- ployee labor charge . AYES : Neal , Nov icky, Tot ton, VanDyke , Voth, Cole, Minnick NAYS : None ABSENT: None ABSTATN: None TI1e motion carried . • I • • c • • • • -3- VI. PARK FLO RAL PROPERTY Designation of Developer Discussion ensued on the requests for proposals which have been received from 3B Management Company and Cent ral Development Group, Inc. for the Pa r k Flo ral property on West Hampden Avenue. Tot ton moved: Cole seconded: The Urban Renewal Authority authorize the staff t o negotiate a development agreement with Buyers Club with the proviso that the land costs be negotiated along the lines of the communication b etween the Urban Renewal Auth ority and the Director. AYES: Novicky , Totton, Va nDyke , \', th, Cole , Minnick, Neal NAYS: No ne ABSENT: No ne ABSTAIN : None The motion carried . Mr. Voth suggested that the options with Central Development Group be kept open; other Authority members strongly agreed. Ms. Powers stated that she will convey to Cen tral Development Group the interest of the Authority in working with them on another site in the downtown area . VII. ENGLEWOOD PARKWAY Consultant 's Fees Ms . Powers reviewed a mem o randum from Civil Engineer Ragland regarding a r e quested increase in contract f ees for three co nsultants working on the Englewood Parkway. \~estern States Surveying is requesting an addi- tion al $946 .00 for co nstruction staking . EDAW is requesting an additional $949.00 to compensate for cons ide ring alternatives o f mitigating the ef- fects of traffi c on First National Bank of Englewood. Muller Engineering has estimated that $7 ,430 .82 is required to cover co sts associated with additional design services they wer asked to perform. The Engineeri ng staff has r eviewed the requests, a nd has recommended that the Authority approve the co ntract in c reases as outlined. Funding f o r the co ntract in c reases would be from the contingency fund in Englewood Pa rkway Bid Package No . l. VanDyke moved: Cole seconded : The Urban Renewal Authority approve contract increases for \~es tern States Surveying , in the amount of $9 46.00; for EDAW in the amount of $949.00; f o r Muller Engineering in the amount oi $7 ,430.82; said funding to come from the Englewood Parkway Bid Package No. 1 Construction account. AYES: Totton , VanDyke , Voth, Co le, Minnick , Neal, Novicky NAYS: None ABSENT: None ABSTAIN: None The motion carried . • I • • • VIII . ENGLEWOOD PARKWAY Construction Report -4- • • - Ms. Powers stated that the monthly construction report prepa r ed by~~. Ragland was included in the packet. Co n structio n appears to be pro gressing well at this time. IX . FINANCIAL REPORT July , 1985 Ms. Powers stated that the Financial Report f o r July , 1985 is included in t he packet. X. LAND ACQUISITION King Soopers Site Discussion ensued on the possible acquisi tion of th e present Ki n g Soopers site through purchase . Minnick moved: Cole seconded: The Urban Renewal Authority authorizes the staff to in- vestigate negotiations with KRAVCO on the purchase of the present King Soopers property, and to explore the fi nan c ial feasibility of such purchase. AYES: VanDyke , Voth, Cole , Mi nn ick , Neal , Novicky , Totton NAYS : None AB SENT : No ne ABSTAIN: None The motion carried . XI. LAND ACQUISITION Golladay Pro perty Discussion e n sued on acquisition/settlemen t on the Golladay property, 140-144-146 West Hampden Av e nu e . VanDyke moved: Cole second d : The Urban Renewal Authority au th o rize Legal Cou nsel Oppe rman to offer up to $245 ,000 t o settle the land acqui s itio n i ssue between th e Urban Renewal Autho rity vs. Golladay . AYES : Vot h, Cole , Minnick, Neal , Novicky , To tton, Van~;ke NAYS : None ABSENT: None ABSTAIN: No n e The motion carried. Xll. I ~D ACQUISITIONS . Closing s on Property ~Is . Po wers reported that th e Auth o rity has closed on the acquisition of • I • • - • • • • • -5- the Finer property, 3522-3560 South Broadway. The Authority has also closed on the acquisition of the parking lot north of Floyd Avenue which was owned by KRAVCO; this lot will now be traded to First Interstate Bank to replace parking areas which had previously been acquired by the Au- thority. Ms. Powers stated that the papers for immediate possession of the Midland property have been prepared. This building will have to be removed as soon as possible because of the parkway/storm sewer construction. Dis- cuss ion ensued. Hs . Powers reminded members of the Authority of the farewell dinner meeting scheduled for Mr. Neal on August 14th. This will be at Grossi's, 5121 South Federal Boulevard, at 6:00 P. M. Mr. Neal stated that he has enjoyed working with members of the Authority on this project. The meeting adjourned at 8:00 P. M. ~<A x:i·:~k- "'Gertrude G. Welty 7 / Recording Secretary • I • • • - mNUTES Englewood Public Library Advisory Board August 13, 1985 0 '' ' The regular meeting cfthe Li brary Advisory Board was called to order at 7:20p.m. by Vice-Chairman Lois Sterl i ng. PRESENT: Lois Sterling, Bruce Hogue, John Peterson, Gerald Sampson Al Quaintance, Dorothy Wheelehan REGRETS: Jerry Valdes, Debbie Dix, Kay Van Valkenburg ALSO PRESENT: Sharon Winkle, Director of Libraries Donna Gottberg, Recording Secretary Roll call was taken and a quorum declared present. There were no scheduled or unscheduled visitors. Ms. Sterling turned the meeting over to Ms. Winkle for the Director's Report. There was brief discussion regarding the 5\ expenditure reduction request and the Budget Reduction memo from the City Manager. 85-17 MOTION: To accept the Planning Committee report addressing the Library's Long- Range Plan for 1986-1990 with one minor change. Goal 13 should read "To encourage reading." • ~~ved by: Al Quaintance Seconded by: Bruce Hogue There was a brief discussion of the Plan. Motion carried. Ms. Winkle had no update on the 1986 Budget Request process at this time. There was discussion regarding the Arapahoe Library District (ALD) reciprocal bor- rowing program. (Please note name change from Arapahoe Regional Library District ARLD .• ) EPL has been a net lender to ALD since the mid 60's. As a net lender EPL has been reimbursed by $18-19,000 per year from ALD. This contract is renewed yearly. As the county grows, the growth is also noticeable in the library. ALD is trying to control use of our library by their patrons. ALD has developed a questionnaire for us to hand out and collect from patrons from ALD. This questionnaire is more of an information document rather than a fact finding document . The libraries will approach Central Colorado Library Systems (CCLS) to ask for a change in the pay- ments. ALD pays the full .5Sf per transaction to net lending libraries while other libraries pay only .27~f per transaction with the other half being picked up by the State. This questionnaire will educate patrons from ALD using EPL. Distribution will begin September 1. John Peterson suggested a few changes in the questionnaire. Ms. Winkle agreed to take the suggestions to the August 19th meeting of Arapahoe Public Access to Libraries (APAL) Directors Director's Choice There will be s everal changes in the Bookmobile schedule this fall. A copy of the schedule was circulated to the Board. continued .... • I • • • - -2- As information, ~Is. Winkle noted we have had 19 written parking complaints since the first of July. She noted that ~lr. Espinoza was still negotiating with the First National Bank to obtain extra parking area to the east of the City parking lot. Mr. Quaintance suggested if this extra land is obtained it should be used for City permit parking. The Board concurred with this recommendation. There was no Chairman's Report. ~!embers' Choice Lois Sterling asked to be replaced on the Planning Committee. Mr . Peterson vol- unteered to replace Ms . Sterling and would be available, as needed, for the meetings. Mr. Quaintance will continue to serve as alternate. ~lr. Peterson asked if there would be an advantage to solicit library patrons in shopping malls. He suggested setting up a booth and having a combined Arapahoe County sign-up for library cards. Ms. Winkle will bring this suggestion up for discussion at the September APAL meeting. Englewood Library will not participate in the Book Sale at Cinderella City Sept- ember 7 & 8. We will continue to have our on-going book sale instead. ~lr. Peterson reminded Board members of the art print and book sale which will be held Saturday, August 17 from 9-1 p.m. in Conference Room #I. Mr. Sampson asked if the Library Building Project was still "on hold." There was discussion and ~Is. Winkle had no progress to report at thi s time. Mr. Hogue asked if there had been any more discussion regarding an "amnesty day" for the Library. Ms. Winkle stated there had been no further discussion other than it might be considered sometime during the changeover from our current system to an automated system. No Board members plan to attend the Copper Mountain Colorado Library Association meeting in October. Mr. Hogue asked for a brief report on the Security System. Ms. Winkle announced that the test period was now complete with no malfunctions of significant nature, and the Library will accept it and sign the maintenance agreement. There was a viewing of a video tape on Adult Illiteracy with brief discussion fol-lowing. No committee reports. Unfinished Business Mr. Quaintance suggested the Board not join the ALTA (American Library Trustee Assoc.) in view of the fact that this organization is aimed mainly at Trustees and not Advisory Board s. 85-18 MOTION: That the Englewood Library Advisory Board not join the ALTA organization because not enough useful information is gained. • Moved by : AI Quaintance Seconded by: John Peterson There was brief discussion ~lotion carried. continued .... • I • • • • • -3- There was brief discussion regarding the July 1985 Statistical Report. Ms. Wheelehan asked that there be a clarification of the Minutes for July 9, 1985 Meeting. Second paragraph from the bottom of Page 1 should read .... .... She further sugge s ted that some members plan to go to the Conference at their own expense as a temporary measure due to City financial cut backs. 85 -19 MOTION : That the Minutes from the July 9 , 1985 Meeting be approved as amended . Moved by: Gerald Sampson c • Seconded by: Dorothy Wheelehan ~lot ion carried . There was brief discussion regarding membership and fees in various organizations. This item was tabled for future discussion. Meeting adjourned at 9 :20 p.m. 9-3-85 dg • I • • • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION August 20, 1985 I. CALL TO ORDER. The regular meeting of the City Planning and Zo ning Commission was called to order by Chairman Venard at 7:00 P. M. Members present: Members absent: Also present: Stoel, Venard, Allen , Barbre, Beier, Carson Magnuson, McBrayer, Gourdin Assistant Director of Community Development Romans Senio r Planner King Plann er I Rothweiler Chairman Venard declared a quorum of the Commission in attendance. II. APPROVAL OF MINUTES. August 6, 1985 Chairman Venard stated that the Minutes of August 6, 1985 were to be con- sidered for approval. It was noted that the Minutes are dated "August 7, 1985", and the agenda indicated "August 6, 1985." Carson moved: Beier seconded: The Minutes of August 6, 1985 be approved as amended by chan gi ng the date on Page 1. AYES: Stoel, Ve nard, Allen, Beier, Ca rson NAYS: None ABSTAIN: Barbre ABSENT: McBrayer, Gourdin , Magnuson The motion ca rried. III. T. W. A~~ERSO Off-Street Parking Joint Use -Office/Residential CASE 112 3-85 Mr. McBrayer entered the meeting at 7:05 P. M. and took his place with the Commission . Mr. Venard asked if the applicant was present. Mr. David Anderson was present representing T. W. Anderson. Mr. Venard asked if the s taff had any comments or additions to the staff report at thi s time. Mrs. Romans stated that the s taff had nothing to add at the moment. Mr . Venard asked that the applicant present his case. Mr. David Anderson s tated that the proposed development is a mixed use development combining o ffi ce/residential use. It is the opinion of the applicant that this type of mixed use is such that the applicants should • I • • not have to these uses. residential conflict in • • - -2- provide all the pa rking required by the Ordinance for each of The office usage will be during the daytime hours, and the usage will be after 5 :00 P. M., thus, there should be no the use of the parking areas. Mr. Beier asked the percentage of reduction from the parking required, and what is propo sed by the applicant. Mr. Anderson estimated 10%. Mr. Anderson po int e d o ut that th e r e will be spaces designated for standard-size d v ehicl es, compact vehicles, and there will be spaces marked f o r handi c apped parking . Mr. Stoel stated that it appears there is a 14 space shortage on the parking provided, and this is what the Commissio n has to consider . Mr. Venard stated that this is equal to a 21 % reduction in parking the applicant s are requesting. Mr . Anderson stated that from their initial contacts, some of the potential office buyers are interested in purchasing the residential units above the office space . Mr. Venard stated that he would have to regard this as an "assumption" that purchasers of the office spaces would also purchase residential units. Mr . Anderson stated that they do not have actual con- tracts at this point in time, but expect to have signed contracts in the near future. The office and residential units will be sold. Mr. Beier asked what rights the residential owne rs would have to the parking space . Mr. McBrayer suggeste d that the parking spaces would be considered "common" areas. Mr. Sto e l inquired as t o the numb e r o f re s idential units and office units proposed. Mr . And e r s on stated that there will be 11 residential units in each building , for a total o f 22 reside ntial units . There will be a total o f 12 office spaces, s ix in e a c h building . Discussion of the pro po sal e n s u d . Mr. McBrayer pointed out that there is very limite d parking aro und o ffi ce buildings during the evening hours. Mr. Stoel sugge ste d that i f th e r e i s a s h o rtage of parking spaces, it will occur during t he da y t ime b us iness h ou r s . Mr. Carson c omm e nted that h e fe lt a 21 % r e duction in the required parking s paces is con s i de r able . Mr . And e r so n s tated that they will be providing SO p a rkin g s p aces t o t al . Mr s . Roman s ad dr essed th e Commission , an d point e d out that the Comprehen- sive Zonin g Ordina n ce does provide fo r th e joint use of parking areas up o n a ppro v a l o f t he Plannin g Commission . Th i s approval /agre ement on joint use o f parking a r eas has been traditionally r eco rd e d with the Co unty , and has b een with ano t he r pro p ert y own e r. Mr. And e rs o n does own property across th e stree t, whi ch i s a l so u sed as a pa r ki ng lot, so if there is congestion on the s ubj ec t si t e , ad di tio nal pa rk i n g co uld be provided on the adjacent si t e . Mr s . Roma ns furt he r po i nted out t hat i n Octo ber, 1982, the Planning Co mmi ss i o n app r oved a req uest from Mr . And e r son for a plan that is almost ide nti c al t o the p l an und e r cons i de r a tio n at this time; that plan also provided fo r th e jo int use o f parking and a 21 % reduction in the number o f o ff-s tree t parki ng s paces . Mr. Anderson will be selling the units, and wil l hav e some cont r o l o ve r the deve l o pment; h e has indicated that h e do es feel t here is a ma r ke t f o r this type o f development. Mrs. Romans s ummariz e d tha t t h i s p l a n being co n side red at this meeting i s very • I • • • • • • -3- similar to a plan approved by the Commiss ion three years ago, and does fall within the requirements o f the Ordinance. Mr. Stoel s tated that he felt this was a new concept f o r a lot of jurisdic- tions, and that a lot of pe ople do want to live close to where they work. The area proposed to be developed is not badly congested at the present time, and he did not feel th e r e woul d be a problem with parking shortage . Stoel moved : Allen seconded: The Planning Commiss ion approve the mixed-use parking plan as requested by Mr . T. W. Anderson for 3650 South Galapago Stree t/3629 South Fox Street. Mr . Ca rson indicated that he would vote in favor of the motion, even though he feels the 21 % r eductio n in parking spaces is too much. He stated that the potential use o f parking across the street is a factor in his giving approval t o this proposal. Mr . Venard point e d o ut that the 21 % r eduction is the same figure pre- viously approved by the Commission , and that he doesn't feel there will be a problem with th e parking congestion . AYES: Stoel, Venard, Allen, Barbre, Beier, Carson, McBrayer NAYS: None ABSTAIN: None AB SENT: Gourdin, Mag nu son The Jno tion carried. IV. FINDINGS OF FACT 4171 South Cherokee Street CASE 1116-85 Mr. Venard stated that the Fi ndin gs of Fact on Case 11 16-85, a Co ndit iona l Use at 4171 South Cherokee Street , were to be considered for approval . Carson mov ed: Stoel secon ded: The Findings of Fact for Case 11 16-85 be approved as written. AYES: Venard, Allen, Beier, Ca r son , McBrayer, Stoel NAYS: None ABSTAIN: Barbre ABSENT: Gourd in, Magnuson The motion carried. V. COMPREHENSIVE ZONING ORDINANCE Satellite Dish Antenna CASE 1119-85 Mr. Ve nard stated that a couple of meetings p rior , the Commission dis- cussed a proposed satellite dish ordinance, and referred it to s taff for modification. This has been redrafted, and is back to the Commission for additional review. • I • • • • • • -4- Mr. Allen discussed his concerns with the height limitations as cited in the proposed ordinance . Page 2 , (2)(a)(iii) was suggested for ~mendment by adding: The height OF FREE-STANDING GROUND-MOUNTED SATELLITE DISHES shall be limited to ten feet at the top of the pole. Mrs. Rothweiler pointed out that at the previous meeting, the Commission felt that the 25 foot height limitation was too h i gh for a free-standing pole. Mrs. Rothweiler also pointed out that the proposed o rdinance before the Commission contains no provision for the issuance of permits for the installation of the satellite dishes . Mrs. Rothweiler stated that Page 2, (b) should be amended by adding: "VERIFYING THAT THE ROOF-MOUNTING IS STRUCTURALLY SOUND AND STABLE. A BUILDING PERMIT SHALL BE OBTAINED AND PROPER INSPECTIONS SECURED DURING INSTAL LATION." Mr. Allen asked if the satellite dishes were dangerous to c hildren, noting the provision on Page 3, (iii). Mrs. Rothweiler stated that the dishes are not harmful to children; this provision was added more for the protec- tion of the dish, which could be an attractive nuisance to children, and could be damaged. Mrs. Rothweiler stated that the wires to the satellite dish should be enclosed in cable and underground so there would be no danger to the child. Mr. McBrayer asked about the permit system; does the Building Department feel permits should be required only with roof mounts. Mrs. Rothweiler stated that there is no clear-cut opinion on this issue. She stated that Littleton, for instance, requires no permits for installation in a residential area , and controls are done on a "com plaint" basis. Mrs. Rothweiler suggested that the satellite dishes could be cal led an "acces- sory use" rather than having a separate ordinance dealing with dishes; however, the accesssory use approach would require amendment of the indivi- dual zone districts to in clude the satellite dishes as accessory uses . Mr. McBrayer felt that the proposed ordinance pertaining to satellite dishes alone is a better approach to the problem. Discussion ensued. Carson moved: McBrayer seconded: The Planning Commission schedule a public hearing on September 17, 1985 to consider the proposed satellite dish o rdinance, which is to be modified to require permits for all satellite dish installations, the deletion of (iii) on the top of Pa ge 3 , and that (b) on the top of Page 2 be modified as follows: "VERIFYING THAT THE ROOF-MOUNTING IS STRUCTURALLY SOUND AND STABLE. A BUILDING PERMIT SHALL BE OBTAINED AND PROPER INSPECTIONS SEC RED DURING INSTALLATION." AYES: Allen, Barbre, Beier, Carson , McBrayer, Stoel, Venard. NAYS : None . ABSTAIN: None ABSENT: Gourdin, Ma gnuson. The motion carried. City Atto rney Olsen entered the meeting at 7:45 P.H . • I • • • • • .. -5- VI. DENSITY CONTROLS CASE #21-85 Additional information on density controls in other parts of the metropolitan area wer e included in the Commission's packet. Mrs. Romans suggested that this information is something the Commission may want to consider at another time. Mr. Stoel asked if Englewood does not achieve a form of density control throu gh the use of Planned Developments. Ms King stated that there may be minor variations to the location of building s handled through a Planned Development, but density may not be increased via Planned Develop-ment approval. Mrs. Roma ns suggested that the City Council can increase the density through the Planned Developme nt process, and there is one case which may come before the Commission, that being in the 3300 block of South Clarkson . This would be a request for an increase in density from two to six dwelling units through the Planned Development process. The gentleman has appeared before the City Co uncil and discussed the situatio n, and he was advised to file a Planned Development and take it through channels. VII. PUBLIC FORUM. Mr. Olsen stated that regarding satellite dishes, there was a case recently decided in Wisconsin which the Commission may be interested in, and he will fo rward that case to the members when he has obtained a co py . VIII. DIRECTOR'S CHOICE. Mrs. Romans stated that the City Council has scheduled a hearing on the ame ndments t o the B-2 Zone District fo r September 9, 1985. Some modifica- tions have been made to th e Commissio n recommendation pertaining to setbacks a n d landscaping requirements for a ut o dealerships/used car l o ts. The City Council also received the ame ndments t o the Zoning Ordinance on Sections 16 .2, 16.3, 16.4-17 , 16.4-18 a nd 16 .4-19 and directed the City Attorney to draft a bill for an ordinance. No date for public hearing has been scheduled on these amendments. Mrs. Romans expressed the regrets of the staff on Mr. Venard's resignation from the Commission. IX . COMMISSION'S CHOICE. Mr. Venard stated that he has received a letter from Mayor Otis, and the City Council has agreed to meet with the Planning Commission. He stated that he assumed the Commission would want to work out the details on points of discussion with Council well ahead of any date for the meeting . Mrs . Romans stated that Ac ting Direc tor of Community Development Vargas has not indicated a date for the meeting with the City Council at this point in time. Mr. Allen stated that he had occasion to discuss the matter of solid waste disposal with a member of the St ate Legislature, and was informed that the State of Colorado is doing nothing about this matter. While the legislators realize it is a world-wide concern, it is being left up to the local jurisdic- tions to deal with the problem of waste disposal. He stated that he wanted to make a presentation to the City Council on this matter sometime after the • I • • • • • - -6- first of September. He stated that he is of the opinion that his ad hoc committee is making progress. Mr. Ve nard commented that this is to be a topic to be discussed at the Council /Comm ission meeting. Mr. McBrayer said that he had received a disturbing letter from Mayor Otis essentially asking for his resignation from the Commission because of his attendance at Commission meetings this year. Mr. McBrayer stated that he has chosen not to resign from the Commission; he is of the opinion that his attendance record over the past five years has not been bad, and that he does contribute something to the Commission. He stated that a great deal of his absenteeism during the second quarter of 1985 was on business in Florida . Mr. McBrayer suggested that with Mr. Venard's resignation from the Commi s sion, and Mr. McBrayer's continued business interests in Florida, he felt that someone should be elected Chairman of the Commission at this time. He stated that he anticipated being in Florida for some period of time this Fall, and felt that he could not preside as Vice-Chairman or assume the position of Chairman in light of his projected schedule. Discussion ensued. Carson moved: Barbre seconded: Mr. Walt Steel be appointed to the position of Chairman until February 1, 1986. AYES: Barbre, Beier, Carson, McBrayer, Venard, Allen NAYS: None ABSTAIN: Steel ABSENT: Gourdin, Magnuson The motion carried, and Mr. Steel took his seat as Chairman. Mrs. Romans pointed out that the attendance records are compiled by the secretaries of all commissions and boards and forwarded to the City Council quarterly for their consideration. This is a routine procedure that has been followed for a number of years. Mr. McBrayer stated that he was disturbed to receive such a letter from the Mayor in light of his attendance record for the last 5+ years. Mr. McBrayer stated that every one of the Council members knows him personnaly, and if anyone has a complaint about his a bsenteeism, they could call him rather than writing a form letter. Discussion ensued. Mr. McBrayer was advised to reply to the City Council letter on a personal basis, not through the record of this meeting. Mr. Venard stated that this is his last meeting as a member of the Commission; he stated that his time on the Commission has been interesting, frustrating, and rewarding, and he regretted having to resign. He stated that he felt the Commission does make an impact on the City, and advised the ad hoc commi ttee on trash removal/waste disposal to "hang in there" and get some-thing done. • I • - • • • • • -7- Mr. All e n stated that he did not like to see Mr. Venard leave the City of Englewood a nd his membership on the Commission; he stated that Englewood's loss is Littleton's gain. Mr. Stoel and Mr. Carson stated that Mr. Venard has been a n as set to the Commission, and expressed regret at his resignation. The meeting adjourned at 8:15 P.M. Gertrude Welty, Recording Secretary • I • • l • • • • C 0 U N C I l C 0 M M U N I C A T I 0 N DATE August 7, 1g95 AGENDA ITEM SUBJECT South Arapahoe Supplement #30 9t p INITIATED BY Englewood Water and Sewer Board ACTION PROPOSED ____ ~A~p~p~ro~v~a~l_o~f~S~o~ut~h~A~r~a~pa~h~o~e~Su~p~p~l~em~e~n~t~#~30~------------~ BACKGROUND A request was made by the South Arapahoe Sanitation District representing the owner/developer for annexation to the South Arapahoe Sanitation District area. Inclusion of this land does not increase the tap allocation to the South Arapahoe Sanitation Dist r ict . a. The subject la nd parcel i s ap proximately 4.810 acres. The property is zoned R-2 Residen tial with the proposed to remain the same. b. Legal: See "Exh i bit A" attached t o Sup plement #30 c. Owne r: Mary Ann Lee FINA NCIAL DETAIL~ None. RECOMMENDATION At the August 13, 1985 meeting the Wa ter and Sewer Board recommended that the Ci t y Council approve the anne xation of the property described in Supplement #30 to the South Arapahoe Sanitation District. • I • • • ORDINA I~E NO . SERIES OF 19 8_5_ • • • BY AUTHORITY A BILL FOR AN ORDINAN:E APPROVING SUPPI»1ENI' NO. 30 'ro SOUTH ARAPAHOE S.r>.NITATION DISTRICT'S CONNOCTOR'S AGREEMENT WITH '1\iE CITY CF ENGL~OOD TO IN:LUDE ADDITIONAL lAND WITHIN 'IHEIR DISTRICT BO:.JIDA.~IES . WHEREAS, South Arapahoe Sanitation District desires to annex an additional area of approximately 4.810 acres into its District; and WHEREAS, said a r ea is now zoned R-2 Residential, and the proposal is for it to remain R-2 Residential; and WHERE.Z>.S, said annexation of this additional parcel of land will not increase the tap alloca·tion to the South Arapahoe Sanitation District; and WHEREAS, it is necessary for said District to amend its contracts with the City of Englewood to include this additional land within the District; NCJil, THEREFORE, BE IT ORDAINED BY 'IHE CITY CCli.JOCIL OF 'IHE CITY OF ENGL~OOD , COLORADO, that: Sect i on 1. 'lhe llgreernent between the City of Englewood and South Arapahoe Sanitation District entitled "&lpplanent No. 30 to Connector's llgreernent" be and hereby is approved. A copy of said llgreement i s attached hereto and incorporated herein by reference. Section 2. 'lhe Mayor and ex officio City Clerk-Treasurer are hereby authonzed to sign and attest, respectively, the said agreement for and on behalf of the City Council and the City of Englewood. Intr oduced , r ead in full , and passed on first reading on the 16th day of September, 1985 . Published as a Bill for an Ordinance on the 18th day of September , 1985 . At test: Eugene L. 0t1s, Mayor ex officio City Clerk-Treasurer • I • • - • • • - I, Guy R. Higbee, ex officio City Clerk-Treasurer of the City of Fl'lglewood, 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 16th day of September, 1985. Giiry R. Hlgbee 2 • r I • • 1 J J • ( LITTLITOII ·i" • • - 0 IIILLI VILL Alll • CiT 'I' 0# (Nv ' ... 000 , (;Qo.O 5AHtTATION liCTS l IOWIWI I . CHEHHY Hll.lS S.UO. AUO<:. 1 CHEJIRY HILLS SOlo 1o0 I 4. CHERRY HILLS t<Oio<TI ~-CHt:RRY HILLS IIAIOC>ta 6. CHt:RRY HILLS VILLU( 7. CHt:RRY RIDGE I . CHERRY MOOIIf. 11. CHERRYVALE 10. COLUIIIIIIH( VAL Lt l' II COUNTRY IIOIIOlS 12. GIIUNIILLT 13. GREEHWOOO VILLAGt t4. Sl'tEAIOAN HILLS 15. SOUTH AR APAHO£ 16. SOUTH ENGLEWOOO 17. SOUTHGATE "-VALLEY • - • • • • • SUPPLEMENT NO. 30 TO CONNECTOR'S AGREEMENT THIS AGREEMENT, made and entered into by and between the CITY OF ENGLEWOOD, acting by and through ita duly authorized 114yor and City Clerk, hereinatt.,r referred to aa "City, • and SOUTH ARAPAHOE SANITATION DISTRICT, Arapahoe County, Colorado, hereinafter referred to aa "D istrict,• WITNESSETH: WHEREAS, on the 8th day of November, A.D. 1957, the City enter.,d into a Connector 's Agreement with the District concerning the connection of the District sewer collection facilities to the City'• aewage syatem, which Connector'• Agreement waa most recently aupcrseded by Connector's Agreement dated the 19th day of June 1984; and WHEREAS, aaid agreements provided that additional aervice areas could be included Wlthin the limita of the District with the written conaent of the City; NOW, THEREFORE, in considerat1on of the premiaes and of the cutual covenan ts of the parties hereto, it ia agreed aa follows: 1. The C1ty does hereby consent to the inclusion of the additional .. rea, situat., in the County of Arapahoe, State of Colorado, d.,scr1bed ee f ollcws, to wit: Proper~y OWner: Prop.,r~y Description: Mary Ann Lee As more fully described in Exhiblt A attached h~reto and incorpora~ed here1n by r~ierence. into South Arap3hoe Sanltation District, and agrees that said additional area may be served with the aewer facilitib& of the Dlstrict, and that the City will treat the aewage diachar~~d into the City's trunk lint< from said additional area, all in a ccorda n ce Wlth th" Cor.ntctor' s Agreement dated June 19, 1984, I • • • • • • between the C1ty and the District. Accordin'iily, Exhibit A referred to in paragraph 1 of th~ Co~nector'a Agreement dated the ltth day of June, 1984, ia her«by &Jnended to include the additional area as aet forth hereinabova. 2. Each and every other provision of the Modification to the Connector's Agreement dated the 19th day of June, 1984, ahall remain unchanged. IN WITNESS WHEREOF, the partie• have cauaed their n ... a and aeala to be hereunto aubacribed and affixed thia ____ day of ----------------· 1985. ATTEST: CITY CLEkk CSEALI ATTEST 1 CITY OF ENGLBNOOO MAYOR SOUTH ARAPAHOE SANITATIOK CISTRlCT ARAPAHOE COUNTY, COLORADO By~~nu~~~~~~-,~~----l"l.l:l>IOEHT, ciWUOts i. ilkuct SECRETARY , DONALD[. SCHROEDER -2- • I . -• • • : EX HIB IT A A part of the Northwest one quarter of Section 23, Township 5 South, Range 68 West of the 6th P.M., County of Arapahoe, State of Colorado, more particularly described as follows: Commencing at thE:! Northeast corner of the Northwest one quarter of said Section 23; thence South along the East line of said Northwest one quarter 1233.20 feet; thence South 88°58'00" West 25.00 feet to the point of beginning, said point being on the Westerly Right-of-Way line of: South Franklin Street; thence South along said Westerly Right-of-Way line 330.00 feet; thence South 88°58'00" West 635.00 feet to a point on the Easterly boundary line of Southwood Park Subdivision; thence due North along said Easterly Boundary Line 330.00 feet; thence North 88°58'00" East 635.00 feet to the point of beginning, containing 4.810 acres, more or less. I • • • ORDINAN:E NO. SERIES OF 198_5_ • • • BY Atn'HORITY COUNCIL B I LL NO. 50.1 INTRODOCED BY COUOCIL MEMBER HIG:lAY AN ORDINAN:E AMENDING THE CCl-IPREHENSIVE ZONING ORDINAN:E OF 'mE CITY OF ENGL&JOOD , COLORADO , BY REPEALING SECTIONS 16.4-12 c (4) Atn'CMCBILE SALES OR LEASE NOT IOCLUDING C<l1MERCIAL VEHICLE WROCK- ING , DISMANTLING OR JUNK YARDS; 16.4-12 c (8) GASOLINE AND OIL SERVICE STATIONS; 16 .4-12 c (10) MOTOR VEHICLE SALES OR LEASE; 16.4-12 c (14) RECREATIONAL VEHICLE SALES OR LEASE TO IOCLUDE BOATS , TRAILEPS, MOTORCYCLES AND OTHER RECREATIONAL VEHICLES; AND AOOING N&l SOCTIONS 16 .4-12 e (2) SALES LOTS FOR N&l AND USED AUTOMOBILES, MOTOR VEHICLES, RECREAT IONAL VEHICLES, BOATS, TRAILERS, OR MOTORCYCLES; AND 16 .4-12 e (3) At.JTCMCBILE SERVICE STATIONS AND ADD ING SOCTION 16 .4-12 g (2) DEVELOPMENT REQUIREMENTS, SETBACKS . WHEREAS, the Planning and Zoning Commission has reviewed the B-2 Zone District regulations to detennine whether or not that section of the Cbmprehensive Zoning Ordinance adequately reflects the goals of the City as set forth in the Cbmprehensive Plan; and WHEREAS, the Pl anning and Zoning Commission has considered the B-2 Zone Dis trict at public hearing on May 14, 1985 and announced a study session for May 21, 1985; and WHEREAS, at said 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 fur ther discussion on the B-2 Zone Dis t rict on June 4, 1985 Planning and Zoning Comm i ssion meeting ; and WHEREAS, at the June 4, 1985 discussion , three car lot dealers were present who had been present at the May 14 public hearing , bu did not address the Corrnission on the B-2 Zone Distr1ct matter; and WHEREAS, after said public hearing , study session and discussion, the rec nmendat1on of the City Planning and Zon ing Commission to the C1 y Council is that the proposed revisions to the CbmprehPn sive ZOning Ordinance be adopted; ~. THEREFORE, BE IT ORD.J>.INED BY 'l'HE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO : 1 I • (, • • • • Section 1. 'lllat the following sections of the <J::mprehensive Zoning Ordwance be repealed: ~ ... 4-},;;j-e-Hr A~oi;8Rle9i-le sales &E lease Rei; i-fte},YEii-~ eEM~~e~i-a* vefl4€le ~ki-~T 94-SH~aRI;},,i.~ &E ~k ya£6s.,.. ~4-},;;j-e-*81-Gase~i-Ae aA8 &i-~ &eEYiee &~;al;i-&As.,.. ~ ... 4401-e-H4r JEe~l;i-&Aal-...ekiele sales &E lease te i-fte*\iSe Beai;ST 1;£-ai-leiE'ST AIE!I;e~yelesT aAEJ ei;Ael!' Eeel!'eal;i-eAa* ...ekiele& ... All other sections under 16.4-12 care renumbered so as to be consecutive. Section 2. That t he following new sections are hereby added to read as follows: 16.4-12 e (2) SALES LOTS FOR N&J AND USED Al.J'l.Uoi(IHLES, M<YI'OR VEHICLES, R.EX:REATIONAL VEHICLES, BOATS, TRAILERS, OR M<YI'ORCYCLES. (a) THE SALE OF NEl-l AND USED AUT<MOOILES , MOTOR VEHICLES, R.EX:REATIONAL VEHICLES, BOATS , TRAILERS, OR MOTORCYCLES AT RETAIL SHALL BE BY A DEALER LICENSED BY THE STATE OF COLORADO AND SOCH BUSINESS MAY !!eLUDE SERVICE AND ACCESSORIES , BUT SHALL 001' I!CLUDE THE REBUILDING , OVERHAULING OR STEAM CLEANING OF M<YI'ORS, REPAIRING OR REPAINTING OF BODIES, OR REUPHOLSTERING, EXCEPI' AS A USE I!CIDENTAL TO TI-lE SAID SALES , AND EXCE PI' WHERE ENTIRELY CQNI){X:TED IN AN (b) a . F.N:LOS ED STROCTURE. ROCAPPING OF TIRES SHALL 001' BE PERMITTED UNDER ANY CIRClMS'I'AtCES. DEVELOPMEm' STANDARDS . ALL SOCH SALES LOTS, IN ADDI- TION TO ALL OTHER PROVISIO OF THE CITY ORDINA!CES, SHALL MEET THE FOLI .~ING RDJ(JIREMENTS : (0 A MINIMI.M F IVE VS'f EWl' SETBACK SHALL BE PROVIDED FR<l'1 THE PROPE R<rY -LINE ON THE STREET SIDES OF THE SALES LOT WHIC H SHALL BE LAND&:APED IN CONFORMANCE WITH THE LANDSCAPE ORDINA!CE. 'nUS LANOOCAPED AREA SHALL BE I LUDED IN 'I'HE TOTAL AMOUNT OF REQUIRED LANDS::APING IN THE ZONE DISTRICT. 00 VEHICLES SHALL BE STORED , DISPLAYED , OR PARKED IN THIS AREA. A 20-FOO'I' ACCESS LANE MAY INT RUDE INTO THE SETBACK AREA AT THE REQUEST OF THE APPLICANT AT TIME OF APPROVAL OR AMENDMENT TO THE CONDIT IONAL USE. 2 I • • .. I ' e • • • b. PARKING SHALL BE PROVIDED FOR CUSTCMER AND FMK.OYEE CARS IN CO NFORMAN:E WITH SECI'ION 16. 5-3 THROUGi SEC!' ION 16. 5-6 OF THE GENERAL REGJLATIONS IN nus ORDI~E. c . UNLESS WAIVED BY THE FIRE MARSHALL DUE TO AVAILABILITY OF AIXESS 'IO ALL PORTIONS OF THE SALES WT , A DRIVE LANE SHALL BE PROVIDED FRCM ruBLIC RirnT-QF-wAY TO STROCTUR ES LCX:ATED ON THE PRFMISES FOR ACCESS FOR FMERGEOCY VEHICLES. SOCH DRIVE LANE SHALL BE KEPT FREE AND CLEAR AT ALL TIMES. d. LirnTING SHALL BE DI RECI'ED SO THAT THE BEAM, IF ANY, SHINES ON THE PRFMISES . e. THE SIGN PLAN FOR THE PRFMISES SHALL CCMPLY WITH THE SIGN CODE FOR THE C ITY, SECI'ION 16.4-19 IN THIS ORDINA OCE . f . THE MAXIMlJ1 NUMBER OF AUTCMCBILES, MOTOR VEH ICLES, REX:REATIONAL VEHIC LES, 801\TS, TRAILERS, OR M<Yl'OR- CYCLES AI.rOOED FOR ALL PURPOSES SHALL BE SPEX::IFICALLY APPROVED ON THE SITE PLAN, AID THE MAXIMtM NUMBER OF SAID VEHICLES PERMITTED ON THE PREMISES SHALL BE POSTED IN A CONS PICUOUS SPOT ON THE PREMISES. ~RE THAN THE PERMITTED MAXIMtM NUMBER OF PARKED OR STANDING VEHICLES ON THE SITE SHALL BE A VIOLATION OF THIS ORDI~E . f&+ Si te plan submitted . The appl icant for approval of a (c) sales lot for new and used autanobiles, motor vehicles, recreational vehicles , boats, trailers or motorcycles s hall submit a site plan at a scale no smaller than one inch equals fifty feet (l" = 50') to the Department of Cotmun ity Developnent in confoonaoce with Section 16 .5-21 of this Ordinance. This site plan sha ll irx::lucle: • A drainage plan. • • A layout of the portion of the site to be devoted to the display and/or stor age of inventory , including, but not limited to, nllllber, type and/or size of units to be displayed or stored, their arrangement and locat1on in relationship to front and side property lines . The maxim um nllllber of vehicles to permitted on the lot shall be posted (see Section aT (b) f. above) • A lft4.R~\III &e~aek e£ ±;! i-ReRes f!'Ellll aU p!'&pe!'~Y hRes wi-H 9e Ee- ~i-!'eaT The location and type of 1 ighting • 3 I • • .. I • • * * * * • * * • • • Surfacing specifications IN ACCORDANCE WITH CITY srANDAROO. A landscaping plan in confonnance with Section 16.4-18 of this Ordinance. Designation of parking spaces for anployees and custaners in confonnance with Section 16.5-5 of this Ord i nance. A DRIVE LANE FOR EMERGENCY VEHICLES IF !IDJUIRED BY THE FIRE MARSHAL. (See Section (b)c above) 'lhe proposed signage (see Section 16.5-19 of this Ordinance). 'lhe location, type and height of fencing, if any (see Section 16.4-17 of this Ordinance). Any other infonnation Which will facilitate the review of the application. -fer In reviewing the site plan and accanpanying data, the (d) Planning Commission shall also consider the following: ( i) Lighting shall be directed so that the bean, if any, shines on the premises • (ii) The drainage plan and surface at grade has been approve:! by the Department of Engineering Services. ~r 'Ale ~~~a*~ R1RBeE 9{ all~8lll98iles.,. ~If ~wles.,. l!eeHii6MRal ~ieles.,. ~ ~~ 9li ~~~lee allewee fe!f all PYifPQ&es skaU 8e speeifieaUy ~&Y- 89 9R 6Re site plaR7 aRii ~ ~ Alolll&eE ef saie ~ieles pefEI!I-i66e8 9R 6Re ~i&es &AaU 8e pes~ iR a 99RSpW~~&Iis spet; 9R 6Re ~ises-. M9r;e 6AaR ~ Jlla)f,lm-R\lll&e!f ef palflieQ 9lf 86aR8i~ ¥eAieles 9R 6Re site sl:!aU 8e a Yi9hdeR 9{ el:lis 9EeiRaRe&w 1Eir Approval of Conditional Use . (e) (i) Approval of t sale of new and used autanobiles, motor vehicles, recreational vehicles, boats, tra1lers , or motorcycles shall be conditional in compliance with the foregoing requirements. 4 I • • I ' • • • • ( i i) The Cbrrli tional Use may be anended fran time to time as requested by the owner of the premises in the same manner as a new application for Cbrrlitional use . +et Applicability of this Ord inance. The provisions of this (f ) Secti on shall be implemented by: (i) (ii) All new uses for the sale of new or used JJ ~-• autanobiles, motor vehicles, recreational ~ ~~-~---., vehicles, boats, trailers, or rcycles, arrl / .1 j • • };. n~'L JLtrt..o::f:. Upon THE CHA I'a: OF ownershi ,........,. ...-CF Any' o-ydl.... ~les lot or business after the effective date of ~ this Ord i nance. W1en there is a change in owner-1 ship of a sales lot or business which has been approved as a Cbrrli tional use, the new owner shall appear before the Planning COmmission to reaffirm the corrlitions of the approved Cbrrlitional use. (3) AUTOMOOILE SERVICE STATION STAIUROO. '1\iE FOLLCX>liNG PERFORMAOCE AND DEVELOI'MENI' STANDMmS SHALL APPLY TO ALL PERMITTED AUTOMOOILE SERVICE S'rATION USES. (a ) USES PERMITTED . AN AUTOMOOILE SERVICE STATION SHALL BE A RETAIL PLACE OF BlSINESS ENGAG:D IN THE SALE OF OOTQR FUELS AND IN SUPPLYING <XXX:6 AW SERVICES GENERALLY REQUIRED IN THE OPERATION AND MAINTENA!'CE OF AUTOMOTIVE VEHICLES AM:l '1\iE FULFILLING OF OOTQRISTS' NEEDS. MAJOR AUTOMOTIVE REPAIRS , PA I NTING, BODY AND FENDER WORK ARE PROHIBITED. (b) BUILDING LINE REGULATIONS. BUILDING SETBACK LINE FOR ALL STROCTURES SHALL BE 'IWENI'Y (20) FEET FR<M THE ULT I MATE STREET RIGl'r-OF -WAY LINE, EXCEI"r CANOPY ROOFS OVER PUMP IS LANDS AND LIGHTING FIXTURES MAY BE CA NTI LEVE RED 'l'O WIT HI N FIVE (5) FEET OF THE ULTIMAT E STRE ET RIGHT-OF-WAY LINE . (c) EXTERIOR DIS PLA YS AND TRASH AND STORAGE. NO DISPLAYS OR STORAGE OF MERC HANDISE, AUTOMCBILES, PARTS OR REFUSE SHALL BE LOCATED CLOSER THAN 'IWENTY (20) FEET FR<M THE ULTI MATE STREET RIGHT-OF-WAY LINE, AW ALL 5 • I • • - • • • • TRASH AND REFUSE SHALL BE STORED IN A BUILDING OR WI THIN AN ARFA EOCLOSED BY A WALL AT LEAST SIX {6) FEET HIGH. {d) LIGITING. ALL LIGHTING SHALL BE DESirnED AN:> LCCATED SO AS ro CONFINE DIREX::T RAYS ro 'ffiE PREMISES. {e) OUTSIDE ACTIVITY. ALL ACTIVITIES, Ol'HER THAN THE SALE <F Mal'OR FUELS AW THE OORMAL SERVICES IOCIDENTAL THEREro, ARE PROHffiiTED <XTrSIDE <F THE MAIN BUILDING. (f) OCREENING. A MASONRY WALL SHALL BE INSTALLED At-V MAINTAINED ALONG PROPERTY LINES WHERE THE Plill1ISES ABUT A RESIDENTIAL ARFA. SU:H WALL SHALL HAVE A TO'rAL HEIGHT OF NOT LESS THAN SIX {6) FEET, EXCEPI' WITHIN 'IWENTY (20) FEET <F ANY UL'riMATE STREET RIGIT-OF--wAY LINE, WHERE THE HEIGiT SHALL BE NOT LESS THAN THREE {3) FEET OOR MORE THAN THREE AND ONE-HALF (3 1/2) FEET. {g) LANDSCAPING. A LANOOCAPE PLAN IN CONFORMAOCE WITH THE LANDSCAPE ORDINAN:E SHALL BE SUBMITTED WITH 'mE APPLICATION FOR THE CONDITIONAL USE. tilt ~tor Ve hicle Repair businesses, not including body or {4) fender work, dismantling or collision repair, and provided that: (e) LANDSCAPING. A LANOOCAPE PLAN IN CONFORMAN.:E WITH THE LANDSCAPE ORDINAOCE SHALL BE SUBMITTED WITH THE APPLICAT ION FOR THE CONDITIONAL USE. ~t ~tor Veh i cle Laundry or Polishing business, which shall (5) com ply wi t h the f o llowing conditions: (e ) LANDSCAP I NG. A LAI'VSCAPE PLAN IN CONFORMAN.:E WITH THE LANDSCAPE ORDINAN:E SHALL BE SUBMITTED WITH THE APPL I CAT ION FOR THE CONDITIO~ USE. +4t 1\m usanent establi s llnents including , but not limi ted to, (6) billiard halls , bowling alleys , coi n-opera ted games, dance halls , electronic or video games , n i g ht c lubs, outdoor cammercial recreational facilities , pool hal ls or skat i ng rinks . 6 • I • • I• • • • • 16 .4-12 g. Development Requirements. (2) SETBACKS. (a) MINIMIJ'1 SETBACK FOR NOOCORNER LOTS SHALL BE TEN (10) FEET. (b) CORNER LOTS SHALL HAVE NOT LESS THAN A FIVE-FOOT (5 1 ) SETBACK THE FIRST ONE HUNDRED (100) FEET FRCM THE CORNER. MORE THAN ONE HUNDRED (100) FEET FRCM THE CORNER SHALL HAVE A TEN-FOOT (10 1 ) SETBACK. (c) WHERE A PROPERTY ZONED B-2, BUSINESS, ABlJI'S UOON ANY PROPERTY ZONED "R" RESIDENTIAL DISTRICT, THE RESIDENTIA L FRONT YARD REQUIRFMENT OF THE ABUTTING RESIDENTIAL DISTRICT SHALL APPLY TO THAT OORTION OF THE PROPERTY IN THE B-2 BUSINESS DISTRICT EXCEPT AS TO SIDE YARDS 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 7:30 p.m. on Monday, September 9 , 1985 , in City Council Chambers, 3400 s. Elati Street, Englewood , Colorado . Introduced , read in full, amended and passed as <m1ended on the 19th day of August, 1985. Published as a Blll fo r a n Ordinance as anended on the 28th day of August, 1985 . Read by title and passed on final reading on the 16th day of September, 1985 . Published by title as Ordinance No. the 18th day of September, 1985. Attest: ex offic1o C1ty Cle rk-Treas~ 7 • , Series of 1985, on Eugene L. ot1s, Mayor I . - I• • • • • • 1, 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 lassed on final reading and published by t itle as Ordinance No. __ , Series of 1985. Gary R. H1gbee 8 • I • • • • • • COUNC IL c 0 M U N I C A T I 0 N DATE AGENDA ITEM 9-9-85 l !iJ..b INITIATED BY Library Department SUBJEC T Automa ted Library ~1a n age ment Syst em ACT I ON PROPOSED Rccammcnd Co pp c j] approve the Contrac t between the Cj ty of EngJ ewood and Dynix. Inc. in the amount of $62.310 fpr INTRODUCTION : The City Council allocated monies 1n the 1985 budget for se lec tion a nd purchase of an Au tomated Library Mana gement System for the Engl e wood Pub l ic Library. A Re qu est for Proposal was submitted to 27 vendors of library management systems acro s s the Un i ted States a nd Canada. Since one of the major requirements of this R .F.P. was t hat the syste bid must operate on the City 's Prime computer system, o nl y one vendor (Dynix) res ponded to the R.F.P . The Dynix proposal was reviewed by a committee consisting of r e presentativ s from the Library, the Library Board, and 1:he Da ta Processin g Division. The attached contrac1: was construc ted jointly by CPI and the Ci t y At torney's Office a nd reflects the requirements of the Reque st for Proposal. This contract provides for the purchase, i n- s tall ation, acceptance testing, and maintenance of an Automated Librar y ~tanagement System that will meet the n eeds of the Englewood Public Library now and in the future, as it can easily be removed and r einstalled in a new facili ty. FINANCIAL: The 1985 budget included $82,317 for the purchase, insta llation, a nd maintenance for an Automated Ubrary ~tanagement System. Of this amou nt, $19,300 was allocated t o an upgrad e of the City 's Prime computer system. The upgrade, which wi 11 be a separate purc ha se by t e Data Processing Divis1on, c ons1sts of. -Add1tiona! 16 port~ -$5,400 -Audit tOnal :iOO~tll lllsc lll'l\'C -9,000 -.\dditlonal l .IR Met r y-'·1,900 This left an addit10no! <>3,01 ~ for the purcha~e. installation, and maintenance of the System. The total amount of h<• ll)nix contract is $62 ,310. This is broken down os fol- lows : Softw,tn. -Cataloging dodull -$18,000 -Circulation ~todule-12,000 -OCLC in u·f.tcc ~todule -4,000 -Bookmohtlc Iodule 2,500 Subtotal: $36,500 • I • • - • • • • • -1 IBM PC (OCLC Interface) with PICK Operating Sys tem, 512K Memory, l floppy drive, 3 Serial Ports, ~1onochrome ~1onitor -$3,000 -2 3~1 Whisper Writer Printers @ $400 each -$800 -2 Telxon Portable Transaction Readers (Bookmobile) with Light Pens @ $3,000 each -$6,000 -2 A/B Switches for printers @ $50 each -$100 -4 Wy se-50 Terminals @ $525 each - $2,100 Subtota l : $12,000 Services & Su pplies -Co nv ersion of EPL's Bi b liographic Databa se (now on Aurora's CLSI system) -$3,600 -Creation of Hol dings Records for EPL Bibliographic Database - $3,000 -I I ,QOO Patron Labels @ $40/100 - $560 -Shipp i ng -$250 -In stallation -$1,500 -5 Day s Training -$5,000 Subtotal: $13,810 TOTAL: $62,310 Maintenance costs for 1986 will include the fol l ow ing : -Cata log1ng Module -$171/month -Circ ulation Modul e -$86/mo nth -OCLC Interface ~lodulc -$28/mo nth -Bookmobile ~lodulc -$22.50/month Money was not availa ble to purchase the Public Acce s s Cata log ~1odule, nor the 8 terminals intended for this use. The Library will request the money to purcha se this module and these terminal s in 1986 for the 198 7 t•udget. RECOMMENDED ACTION: Council approve the contrac b~n.·cen the City a nd Dynix, Inc., i n the amount of $62,310 for the purchase, installation, and maintenance of an Automated Library ~lanagement System . • I • • - J • • C 0 U N C I L DATE September 9 , 1985 • • - C 0 M M U N I C A T I 0 N AGEND A ITEM lt9. c S UBJECT PROPOSED BILL FOR ORDINANCE INITIATED BY Department of Community Deve lopment ACT I ON PROPOSED Approve a Bill for Ordinance granting the Englewood Housing Authority 550,000 for the Hous1ng Rehabi lit ation Program . The City of Englewood was recently noti f ied that the $50 ,000 Housing Development Grant was approved for Housing Rehabilitation from the Colorado Division of Housing . The attached Bill for Ordinance authorizes this transfer of funds and assigns the responsibility for adminis tration of the program to the Englewood Housing Author ity . A revised Agreement betwee n the City and the Englewood Housing Au thority for t he administration of the Hous ing Rehabilitation Program is also submitted for approval by the City Council . Changes were made to update and to c l a rify the agreement . The changes are as follows : 1 . Section 1 , I . The fundi ng regula tio ns were c hanged f rom the Commun ity ~lop ment Bl ock. Grant (CDB G) to the Colorado Division of Housing . 2 . Section 1 , II . The reference to CDBG funds was deleted and the funding source was changed from t he State Department of Local Affairs to Colorado Division of Housing . 3 . Secti on 4 , III A. Deleting "and asset" to reflect that there is no asset limit . 4 . Section 4 , I V B . Section retitled to read Application Priority reflecting a c hange from chronological priorLty to one whi c h prioritizes applications based on need and income . Recommendation : It is tecommc:ndcd that the City Council approve the revision of the Agreement between the Englewood Housing Authori ty and the City for the administration of the Housing Rehabilitation P rogram and au thorizes the transfer of funds • I • • • BY AUTHORITY ORDINANCE N0.-:7'" __ _ SERIES OF 1985 • • • COUNCIL BILL NO . 111 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE GRANTING TO THE ENGLEWOOD HOUSING AUTHORITY $50 ,000 FOR THE ENGLEWOOD HOME REHABILITATION PROGRAM AND AMENDING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY FOR ADMINISTRATI ON OF THE HOME REHABILITATI ON PROGRAM . WHEREAS, the City of Englewood has received a Fifty Thousand Dollar ($50 ,000) grant from the Colorado Division of Housing to operate a housing rehabilitation program; and , WHEREAS, it is necessary to amend and clarify the agreement between the Housing Authority and the City of Englewood concerning the Housing Rehabilitation Program; NOW, THEREFORE, BE IT ORDAINED BY THE CITY CO UNCIL OF THE CITY OF ENGLEWOOD, COLORADO : Section 1 . That the City of Englewood shall amend the agreement under Ordinance no . 45, Series of 1984, with the Housing Authority titled "An Agreement Between The City Of Englewood And The Englewood Housing Authority Regarding The Policies Governing The Housing Rehabilita tion Loan and Grant Program of the Englewood Housing Authority (4/84)." Said a mended agreement is attached hereto and incorporated herein by reference . Section 2 . The City of Englewood hereby grants to the Englewood Housing Authority the sum of Fifty Thousand Dollars ($50 ,000) to be used in accordance with Application Grant Number under 24-32-705 C.R.S . 1983 , as amended, and the Agreement described in Section 1 hereof . Section 3. All ordinances and resolutions in conflict with the foregoing are hereby repealed . Section 4 . The City Council of the City of Englewood, Colorado , hereby authorizes the Mayo r a nd the ex officio City Clerk-Treasurer to sign and attest said amended agreement on behalf of the City of Englewood and City Council . Introduced , read in full , and p1sscd on first reading on the ----day of , 1985 . Published as a Bill for an Ordinance on the ------------' 1985 . Attest: ex officio City Clerk-Treasurer • day of I • • - • • • • • • I, Gray R. Higbee , ex off icio City Clerk-Treasurer of the City of Englewood , Co lorado, hereby cer tify that the above and foregoing is a true, accurate and comp l ete copy of the Ordinance passed on final reading and published by title as Ordinance No . ______ , Series of 1985 . Ga ry R. Higbee • I • • • • • • AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY REGARDING THE PO LICIES GOVERNING THE HOUSING REHABILITATION LOAN AND GRANT PROGRAM OF THE ENGLEWOOD HOUSING AUTHORI'l'Y (9/85). 9/85 The City and the Authority agree as follows: 1. The Englewood Housing Authority, herein called the "Authority" through its per sonnel , or the personnel of the City of Englewood, herein called the "City", with the approval of the City Manager, shall be respon- sible for the e xecution of the Housing Rehabilitation Loan and Grant Program, herein called the "Program", in accordance with Colorado Division of Housing regulations. The Authority shall turn over any unused funds to the City at the end of the agreement and administer the funds in accordance with the Colorado Division of Housing p roced u res. 2. Applica tion for aaai&tance ahall be firat aubmitted to and approved by the Authority under policies o<lopted by the Autl1ority. 3. Upon receipt of an application. the Authority ahall cauae an in- apeetion to be made of the applicant'& reaidence and. if deemed nece&aary. ahall: a. Cause a detailed li&t and explanation to be made of all action& and vork required to eliminate or repair the conditions of the reaidence which make it aub- &tandard. b. Cause an estimate of the coat of auch repair& to be made. c. Obtain sufficient documentation that the applicant had aood title to aaid residence. d. Make an estimate of the value of the applicant'& e quity in &aid residence. e. Prepare and verify a aocial and economic profile of the applicant which ahall include: Family compoaition. family income. place of employment. if any 1 of all family memhera. approximate date of purchaae of reai- dence. and exi&ting indebtedneaa aecured by aaid residence. f, Prepare a preliminary analyai& of applicant'& ability to repay any funds made available to applicant under t he program. 4. .!E_ the prepa ration of .!.l! report&.!!!}! anelyse s reguired ~ ~ Agreeme n t, an d in epprovin!' ~and/or grant applications, lli follo,.•i n[. p o liciu ~ !£.£lL ~ ~ follo,.•ed h ~Authority. • I • • - • • • • • Loans and grant& ere made ava i l able for the purpose of permane nt improvements, auditions, or other hou&int rchabilitatiou umt 11 ~1y only b~ ub~d for: A. Repair& and improvemen t& to ... t City ~ode Standarda, B. Handicap retrofittina. c . Energy conserva tion imp rov ... nta. D. : El ~m ination o f incip i e nt v1olat1ona of the City Coda. E . Cener a l property improvement&. 11. Eligibility for Loans III. IV . v. 9/85 A. Eligibl~ Bo r rower&. Loana ahall be aade only to peraona who own the property ~ which the improvement& will be made. B. Eligible Properties. Lo an& ahall be made only for residential properties containing f our dwell1n& unite or lea& located in ~~ the City of Englewood. _ ~t~ ~~ Eligibility for Grants ~ ~ ~ A. Eligible Grantees . Grants shall be made only na t ural~ersons wh o own and r eside in the property on which the · vements will be made. Grantees must meet the then current income eligi- bil ity l1mits as set forth by the funding agency . B. Eligible Properties . Grants shall be made only for residential properties located in eligible neighborhoods . Priorities s,r· A. Priority Neighborhoods. At least once each year the Authority will d terrnine Priority Neighbo r~ The Priority Neighborhood wi ll be designated in th~~abel fbnding proposals to the State or the c~ty as app~~ B. Application Prior1ty . Upon receipt of an application for a loan and/or grant , the staff shall note the date and time of receipt on the application form. Appl ications shall be acted upon in the following order: first priority -emergencies which threaten the immediate health and/or safety of the applicant ; second priority -all very low incom families; third priority -all l ow · e single heads of household; fourth prior i ty -all low inco ~ntac families. Within each prior~ty , the date and time of reques or as~istance will determine the order of processing each application. ? Pr~or~ticz for Use of Loan and/or Grant Funds withi n ar:h appl~cation further priorities are hereby identified to de terrn~nc Lhe amount of the l oan usable for each purpose: first -2- • I • • • • ,. .. priorit y -f und b required to bring prop~rty to City Cod e ~t anJar~h; &~c o n~ p rio ri ty -!un~b for hD ndicop r~tr o !ittin~; tl >lr~ pr l u rity - funds fo r energy conservat ion i mprovementa; fourth priority -f und £ to cur~ incipient violation& of the Code; fifth priority -aenero l p roperty i mp rovement&. VI . Loan Lim i t & A. Mon P.tary ~Limite. At leaat once a year tha Authority will dete r~ine t he l oan l imite . 1 . ~~~ Ap pra iaal. Notwithatandina the above, a loan aecured by a f i rat deed of truat ahall not exceed 90% of the appr~iaal value of the property aa determined by a qualified appraiser . ~f the loan ia aecured by a aecond deed of truat, the to tal o f t h e flr at loan "and the property rehabilitation loan ah all n o t exceed 90% of the appraised value of the prope rty a s determi ned by a q ualif ied appraiser. Loan~ aecured by ~ th ird or fourth d eed o f truat ahall QOt exceed 80% of the ap- pra i aed value o f £he property aa determined by a qualified app r aieer. VII. Crant Limit s At l e a st on ce a ye a r t h e Authority will determine the maximu m aran t a mo un t. VIII. ~ 9/8 5 A. Loa n s will b e aecured by a deed of trust . B . Proper t y im proved by a a r a n t ahall be aecured with a lien t here on. Repa yment of t h e arant in the event of payoff, aale, conveyance or othe r tra n sfer of the property excludin& death, or if the hou s- ing u nit is uaed o t her than a& the arantee(a) primary houain& unit, a r a ntee(a ) a aree t o the followina repayment conditione: (1) Cra n tee (a) •hall repay 100% of the arant ahould the proper ty b e aold, conveyed, tranafarred or delivered durina the firat tw elve months , inclu s ive , after ai&nina of the Grant Ag r eemen t . (2) Cr a n tee(a) ahall r e pay 80% o f the arant ahould the property be aold, c onveyed , transferred or d el ivered durin& t he fol - lowing period of t im e : 13th thr ou&h 24 th month after aigning of the Cront Agreement, (3) Crantee(s) shall repay 60% o f t he arant sho ul d t he property be s old, conveyed , transferred or d el ivered d ur i ng t he fol- lowing period of time : 25th t h rough 36th month a fter &ign- ing of the Crant Agreement. (4) Grantee(&) s hall rP.pay 40 % of the &ra n t ah oul d the p roperty be sold, conveyed, transferred o r d ~liv e r ed d u rin ~ t he {ol- lowi~g period of time : 37th t hrough 48th a onth after s igning of the Crant AgreemPn t. -3- • I • • U ( • • • • (:,) Gr,;ntt" (L) t.ll-.1 1 rq .. ~y 20;, of tit ., punt t.huulu t il •· J•fuJ ••·ny b<. sold , convey~;d , trenf>fer re d or d~liv~;rt-d d uri r,l: th~: ful- . l o -.·i••r pe:riuu: io!ltll throu~l, CiOth n>t:.t.tll u!te:r to•rn:i••l: tltt.t Grant Arreemen t. (6 ) Cren tee(6) shall not be required to repay the hrnnt should the property be sold, conveyed, trun~!erreu ur de:livered follo ~in g the 60th conth after si&ning of the Crant Agreement. Repayme n t ahall be made to the Pro&ram account. IX. Credit Factors for Loan A. Ability~ !!l:· All credit decidona ahall be baaed only on the app licant's ability to ~epay the loan •. Action on loans ahall not b e baaed o n , or influenced by, the race, creed, color. national origin, carital atatua, aex or a&e of the applicant. B. Normal Rate Loans. The normal interest rate ahall be the ~ity's ~nt borrowin& rate for funda for property reha bilitation purpoaes, plua a 1% aervice and administrative fe e . C. Less Th an Normal Rate Loan. If the applicants are a "111oderate". ~or-rrv~w" income family, and the application 111eeta all other p ol icies the Au thority will approve the loan at leas th~n the normal interest rate. X. Loans for Rental Property Loans coverin g property ~o·h ere the owner is not a resident of the proper ty s ha ll be in accordance with policieli set forth by Authority, If the a pplication 16 approved, the 01o~er ahall agree to enter into a contra ct with the Au thority to keep rents within the reach of low or moderate incomP familieli and/or make the property eli&ible for Federal Section 8 Houliing Assiatance Paymenta. Loans for the purpoaes of general property improvements ahall be limited to lOX of the total of the l oan approved. XI. Conlitru ction Work done with the proceeds of a loan and/or arant ahall be accom- plishe d b y e lic en5ed aene ral contractor. XII. Repavme~t of Lo~n 9/85 Rep6y~e~t terc& sh6l l not exceed 20 year•. Loans aha ll be repayable in equ6l 1nstallmen t 6 of princ ipal and interest due o n or before th6 fiT£l of ellc.h llt::>nth. t I 4 -t.- I • • j • • • • ~. Th e Authori ty or d c ~oi g notell officio] lihall Lhcn t ·xw ula11 · :mel •·v.ol- uute the application, t o ~eth er ~ith all required report5 an~ findin~s, un~ eitht:r approve, reject, or modify end approvt: auch application. Tlae .Jccibit>u of the Authority s h all be fina l and binding upon the applicant. 6. The Authority ahall require repayment of loana and/or aranta aa aet forth in establiahed policiea. 7. All funds repaid by applicanta ahall be uaed only for aiailar loan& or arants of housing rehabilitation aaaiatanca to applicanta approved by the Authority. 8. The ~uthority or deaianated official ahall approve all loans ond/t>r aranta under this proaram by appropriate action when aatiafactory evidence o! the following has been aubmitted· to the Authority: a. Applicant has aood title to the reaidence. b. Loan epplicanta ahall have aufficient equity therein to juatify aaid loan and/or arant. c. Applicant has entered into a written contract on forms to be approved by the Authority with a peraon or entity licensed to perfo rm and complete repairs required to rehabilitate the res i dence , d. That said residence, after rehabilitation and repairs, ~ill be maintained in a aatiafactory aanner. e. Loan applicants ahould prove an ability to repay the loan. 9. All peraona and entitiea entering into contracta with applicants for repairs and r ehabilitation of any aubatandard residence ahall be an equul opportunity employer and shall comply with all applicable Federal, City and State codes, atatutea and ordinances. 10. The Au thority ahall aenerally auperviae all tion conatruc tion and shall authorize payment for aame performed in accordance with the conatruction contract cant and approved by Authority. repair and rehabilita- when substantially entered into by appli- 11. The Auth ority ma y establiah thoaa accounta and allocate thoae funda nec eeaa ry t o f ulfill t he pr o v iaiona of thia agreement. 12. The Authority shall prepare adminiatrativt: procedures to i mpleno er.t t h e i nt e nt o f t his contrac t and Au t hority policiea. 13. The Authority shall s ubmit a n annual report to the City Co unc il regarding t h£ perforlllBnce of the p rogram. 14. Th i i Agreement ahall b e bindins upon the parties hereto and thtir a ucceu;ors. -~- 9/8 5 I • • - ( • • • • 15. This Agreement supersedes and replaces all other agreements between the parties relating to the program. IN WITNESS WHEREOF, this Agreement has been executed at Englewood, Colorado, this day of , 1985. Attest: Gary R. Higbee, Director of Finance ex officio City Clerk-Treasurer Approved as to Form: John R. Olsen, City Attorney Attest: Alan M. Feinstein Executive Director CITY OF ENGLEWOOD 1 COLORADO a Municipal Corporation By----------~----------------------Eugene L. Otis, Mayor ENGLEWOOD HOUSING AUTHORITY By----------------~~--------------Thomas J. Burns, Chairman • I . • ORDINANCE NO. SERIES OF 1985 ____ _ • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 70 INTRODUCE~Y COUNCIL MEMBER --~~~~~------- AN AGREEMENT ESTABLISHING RESPONSIBILITIES BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY WHER eAS, the City has , by Resolution No. 48, Series of 1972, created the Englewoood Housing Authority under the Hous ing Author ities Law of the State of Colorado; and WHE REAS , it is in the best interest of both the Englewood Ho using Authority and the City of Englewood to cooperate in the delivery of housi ng services to Englewood citizens; and WH EREAS, pu rsuan t to Section 18 of Art icle XIV of the Constitution of the State of Colo rado, and pursuant to the pro visions of Section 29-l-23, C.R .S. the Englewood Housing Authori ty and City of Englewood are each authorized to cooperate or contract with one another to provide any function, service, or facility lawfully authorized to each of the cooperating or contracting units. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COU ClL OF THE CITY OF ENGLEWOOD, COL ORADO that: Sect i on l. The agreement be ween the Englewood Housing Au hor1 y and the City of Englewood (entitled "Agreement Establishing Responsibi lity Between the City of Englewood and the Englewood Housing Autho rity") is hereby approved, a copy of which agre ment is attached hereto and incorpora ted herein by reference. Section 2 . The Ma yor and ex officio C i ty Clerk-Treasurer are her eby auth or ized to sign and attest said agreement for and on behalf of City Council and the City of Englewood. I • • - • • • • • -2- Introduced , read in full, and passed on first reading on the 16th day of September, 1985. Published as a Bill for an Ordinance on the 18th day of September, 1985. Eugene L. Ot1s, Mayor ATTEST: ex officio City Clerk-Tr easurer I, Gary R. Higbee, ex offici o City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accura te and complete copy of the B ill for an Ord inance , introduced, read in full, and passed on the first read ing on the 16th day of September, 1985. Gar y R. H1gbee • l I • • • • • • AGREEMENT ESTABLISHING RESPONSI BILITIES BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY This Agreement, entered into this 16th day of September, 1985, by and between th e City of Englewo od, a Colorado Mun icipal Corporation (herein called "C ity") and the Englewood Housing Authority, a body politic and corporate under the Housing Authority law of the State of Col orado (herein called "Author ity"). WHEREAS, the C1ty has by Resolution No. 48, Series of 1972, created the Englewood Housing Authority under the Housing Au thorities Law of the State of Colorado; and WHEREAS, it is in the best interest of both the Englewood Ho using Authority and the City of Englewood to cooperat e in the delivery of housing services to Englewood citizens; and WHEREAS, pursuant to Section 18 of Article XIV of the Consti tution of the State of Colorado, and pursuant to the provisions of Section 29-1-23 , C.R.S. 1973, as amended, the Authority and City are each authorized to cooperat e or contract with one another to provide any fun ction, service, or facility lawfully autorized to each of the cooperating or contracting units. NOW, THEREFORE, in consi deration of the promises, covenants, terms and conditions hereinafter set forth , City and Authority agree to the follo wing: 1. Program Responsibilitie s and Coordination a . The Authority is responsible for the admin- istration of the public housing, Section 8, Section 8 -Exi sting, and AARP programs and o her programs which may be app r oved from time to ime in the Authority work prog ram. b. The Authority and City will share in the administration of the Community Devel opm ent Block Grant (CDBG) Housing Rehabilitation Program. The specific duties of staff member s are outlined in the personnel section. The decision of whether to apply for add1tional Community Development Block Grant funds for housing rehabilitation rests with the City Council. • I • • - ( 2. • c. • • • -2- The Authority will continue its present responsibilities for the CDBG Housing Rehabilitation Program related to bank agreements and the loan review committee. The Authority Director will involve the Community Development Director in all policy matters affecting the Housing Rehabilitation Progr am. d. The Authority will consult with the City through the Community Development Director on issues affecting the CDBG program e. such as other grant programs prior to application. The Community Development Director through the City Manager will keep the City Council current on Authority matters. On an annual basis , during the City budget process, th e Authority will prepare a request for funding from the City and for the rendering of in kind services and submit thes e to the City Council for consideration. Said request will illustrate the manner in which City funds and services wil l augment the goals and ob jectives of the Authority for the next year. The Author ity will confer with City Council r egardi ng the goals and objectives of the Authority on an a nnual basis with the objective of coordinating the housing goals of th e Authority and the City. The City reserves the right to approve or disappro ve the Authority request for funding and the use of in kind services on a year to year basis. Perso n n el a. The Authority w1ll fu nd all Englewood Hous ing Author i ty positions. b. The Author ity w il l hire its Executive Director w ith City i nvolvement in the selection p ro cess . The Authority Director wi ll report directly to the Commissioners for all Authority activi ties with the exception of the Commu nity Development Block Grant Programs • 1 , I I • • • • • • -3 - c. The Ci t y will fu nd the salary and benefits for the Housing Rehabilitation Superv iso r and Housing Division Secretary. The Housing Division Secretary will have exempt status. Al l CDBG positions will be funded by the City based on annual grant appropriations. d. The Authority will pay for the salary and benefits pa c kage of all employees other than those lis ted in (c). e. The City Community Development Director will supervi se the work of the Authority Director fo r the administration of the CDBG Housing Rehabilitation Program and the Housing Division Budget. f. The Authority Director will super vise the d a y to day work o f the Housing Rehabiliation Su p er vi sor , Secretary, CDBG funded Housing Rehabilitation positions. Any problems with these e mployees will be brought to the a ttentio n of the Community Development Direc tor. g . The Auth ority will supervise the work of the Authority Director for all other programs. h. The Authority Director will prepare written evaluations of the staff members listed in (e) t wice a year and will review these e v al uations with the Community Development Director pr i o r to re vi ewing them with the st a f f me mb er. i. The Autho r it y will prepa r e semi-annual written evaluations of the Englewood Housing Authority Director fter c onsultation with the Commun1ty Developmen t Director regarding the administrat1on of the CDBG program. A f1nal writ en eval ua i on as prepared by he Englewood Housi ng Authority will be subm1tted to the Community Development Director . If problems arise , the Communi ty Development Direc or and the Author ity Commissioners wil l immediately meet to resolve the problem . I f the problem is not resolved, a nd the Communi ty Development Director does not feel he Au t h ority Director is properly admini s tering the CDBG Program, the Community Deve lo pment Di r ect or may recommend to the City Manager and City Counc i l that this agreement be amended to rem o ve the administration of the CDBG Program f r o m the responsibilities of he Authority Di rector . • I • - 3. • • • - -4- j . The City will provide p ayrol l services for all City, CDBG and Authority funded positions at no charge . k. The Authority Director will attend Community Development Department -Division Head Staff Meetings as listed by the Commun ity Development Director and will keep the Community Development Director informed of general ac ti vitie s and programs of the Authority. Adm i n istrative Services The City, through various departments, sha ll prov i de certain admi nistrative services, and th e Authori t y sh a ll adhe re to the adminis- trative rules and regulations of the City. Services i nclude the followi ng: a. Office Space -The City will provide off ice space for CDBG and Authority funded pos itions , and if possible, office space for other Authority positions at no charge. If the City plans to reduce the office space pre- sently available fo r Authority positions, th e City will provide 60 days notice to the Authority. b. Accounting -The City will provide general accounting services for the CDBG-funded programs in accordance with City procedures. Th e Authority is responsible for providing accounting services for all of the Authority housing programs. The City will provide th e necessary work papers for the EH A to complete the aud i t of the CD BG housing r e hab program . The City will pay for the cos o f that portion of the EHA audit . c. Pr ocu reme nt -the Pu rchasing Division of the Fina n ce Departme n t shall procure all mat r ia l s a n d s u pplie s n e cessary for the impleme n t ation of th e CDBG-funded Housing Re h abilitation p r og rams and other Housing D ivision activities. The Authority is r e s p on sib l e f or procuring materials and s up p l i es fo r a ll other programs . d. Personnel -The City will continue to assist as n eeded i n the hiring process for the Engle- wo od Ho us i ng Authority positions. All EHA emp loy e e s wi l l be hired on a contract basis with the EHA . 1 I • • - ( • .I • 4. 5. • • • -5- e . Vehicle Maintenance -The City will provide vehicle maintenance, gasoline and oil for all Authority vehicles through the City Servicenter for a monthly fee as established by the City . f. Insurance -The City will provide public liability coverage for the Englewood Housing Authority Commissioners and staff. The City will provide EHA employees with medical, den tal, and life insurance identical to that provided for City employees. On a monthly basis the EHA will reimburse the City for the actual cost per employee. g. Legal Services -The City will provide legal services fo r the CDBG-funded housing rehab program. Agr eement Renewal This agreement will be renewed automatically year to year when the City Council approves by Resolution the annual Authority proposal for the use of City funds and in-kind services. The process f or this review is outlined in 1 (e). Agreement Termi nation This agreemen t may be terminated by either party with thirty (30) days written notice. In Witness Whereof the parties have signed this Agreemen t as of the day and year first above written. CITY OF ENGLEWOOD ATTEST: Mayor ex officio ci y-Clerk Treasurer ENGLEWOOD HOUSING AUTHORITY ATTEST: chairman , EURA secretary • I • ( • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE September 6, 1985 AGENDA ITEM SUBJECT 1:11 --u INITIATED BY Engl ewood Water and Sewer Board Union Avenue Water Line Relocation ACTION PROPOSED. _______ A~pp~r~o~v~a_l _o~f~t_h~e~U_t~i_l~it~y~R~e~lo~c~a~t~io~n __ A~g_re~e~m~e~n~t __________ _ for the Union Avenue Water Line BACKGROUND The Corp. of Engineers is reconstructing and lower i ng the South Platte River Channel be cause of serious flooding problems along the river. This necessitates the relocation of the City's 16 " water line currently located in the South Platte River at Union Avenue Bridge. The agreement authorized the City to proceed relocating the 16" water transmission line curre ntly located in the final channel right-of- wa y of the river. FINANCIAL DE TAILS The Co lorado Water Conservation Board will pay 100 % of the relocation cost by reimbursing the City. The City has estimated the cost of the relocation to be $103,970. A continge ncy allotment of 10 percent of the estimated cost of $103,970 .00 is included in the contract . Any change orders above this percentage must be approved by the State. The State shall pay the City within 45 days after paym ent has been made by the City and an itemized bill showing the unit costs is sent to the Colorado Water Conservation Board . RECOMMENDATION City Council approve the Utility Reloca tion Agreement for the Uni on Avenue Water Line in the amount of $103,970.00 with a contingency allotment of 10 percent. • I • • • • ORDINANC E NO . SERIES OF 198_5_ • • • BY Al11'HORI TY A BILL FOR COUNCIL BILL NO. 65 INTROOOC~ ~0\JN:IL MEMBER~~ t/ ______ __ AN ORDINAOCE PROVIDING FOR TH E RELOCATION OF CITY OF ENGLEWOOD 16-IOCH WATER LINE LOCATED ADJACENT TO THE UNION AVENUE BRIDGE AT TH E SOUTH PLATTE RIVER. WHEREAS, it is necessary to relocate the City of Englewood water line adjacent to the Un ion Avenue Pump Station, at the sole cost of the State of Colorado water Conservation Board, to facilitate the channelization of the South Platte River; and WHEREAS, the City has estimated the cost of the relocation to be $103,970, and a contingency allotment of 10% of the estimated cost of $103,970 is included in the contract; NOVl, THEREFORE, BE IT ORDl\INED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, that : Section 1. The Utility Belocation Agreement for relocation of a l6-1nch water line in the Union Avenue right-of-way in the City of Englewood , which provides for the State to pay the sum of $103,970 fo r said relocation , is hereby approved. A copy of said Agreement is attached hereto and i ncorporated herein by reference. Section 2 . The City shall contract for said work to be done on or before the 15th day of October, 1985 unless otherwise approved in writing by the State. Section 3. The Mayor and ex officio City Clerk-Treasurer are hereby authorized to sign and attest said Agreement for and on behalf of the City Council and the City of fhglewood. Introduced, r ead in full, and passed on first reading on the 16th day of September, 1985. Pub lished as a Bi l l for an Ordinance on the 18th day of September, 1985. Attest: Eugene L. otis, Mayor ex of(lClO C1ty Clerk-Treasurer • I • • ( ( • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, a=urate and canplete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 16th day of September, 1985. Gary R. Hlgbee • I • • - ( • • • • :DEPARTMENT OR AGENCY NUMBER :CONTRACT ROUTING NUMBER UTILITY RELOCATION AGREEMENT THIS AGREEMENT, made this ____ day of , 1985, by and betw e en the State of Colorado for the use and bene- fit of the Department of Natural Resources acting by and through the Colorado Wa ter Conservation Board, hereinafter referred to as the state, and the City of Englewood, a body politic and corpo- rate whose address is 3400 South Elati Street, Englewood, Colo- rado, hereinafter referred to as the city. WHEREAS, authority exists i n the law and funds have been budgeted, appro priated and otherwi se made available, and a suffi- cient unencumbered balance ther e of remains available for payment in fund numbe r G/L account number , con- tract encumbran ce number ; and WHEREAS, required approval, clearance and coordination has been accompl ished from and with appropriate agencies; and WHEREAS, the United States Army Corps of Engineers, herein- after referred to as the "Corps," has formulated plans and de- signs to improve the flow of water in the channel of the South Platte River, hereinafter referred to as the "River," in the County of Arapahoe in the State of Colorado, through a construc - tion project know n as the South Platte River Channel Improvement Project, hereinafter refe rred to as the "Project"; and WHEREAS, as projec sponsor, the state is required to ob- tain for the Corps a clear right-of-way for construction of the project; and WHEREAS, the city is the owner and in possession of a six - tee n inch (16") water transmission line and associated equipment hereinafter collectively described as the "Waterline" which is currently located in th e final channel right of wa y of the river; Pag e 1 of 7 pages • I • • ( ' • • • • and WHEREAS, for due consideration, the city is willing and able to remove, relocate or otherwise cause the Waterline to be relocated as agreed upon final execution of this agreement. NOW THEREFORE, it is hereby agreed that: 1. The state shall pay the contractor for the costs in- curred in relocat ing or otherwise moving the Waterline the loca- tion of wh ich is legally descr ibed in exhibit A attached hereto and incorporated herein by reference. The city has estimated the cost of said relocation t o be $103,970 (one hundred three thou- sand nine hundred seventy dollars and no cents) which has been determ i ned on the city's cost estimate using the unit costs iden- tified therein. The state shall pay to the city within 45 days after payment is made by the city and billing itemizing the unit costs i s made to the Colorado Water Conservation Board, 7th Floor, 1313 S herman Street, Denver, Colorado 80203, attn: David Walker, deputy director, the actual amount of the construction costs, provided that such actual amount is no more than 110 per- cent of the city's cost estimate. 2. Any increase in the c ost estimate shown on exhibit B that wil l resul i n the increase of the monetary estimate as stated herein by more than 10 percent of the estimate, shall re- quire written approval by the state . Any increased costs shall be documented, by u nit cost, which shall accompany the written request to a~ond the contract. Su ch request shall be delivered to the Colorado Water Conservation Board, 1313 Sherman Street, Denver, CO 802 03, Attn: David Walker, deputy director. Nothing contained her ein shall requir e approval of any such increase if same is attributable to negligence or avoidable delay by the city in either contracting for or performing the Waterline relocation. 3. The costs paid by the state pursuant to this agree- ment sha ll be full compensation to the city for all eligible costs incu rred by the city in making said relocation. 4. Upon execution of this agreement by the parties in- cluding the required approvals of the state, the city shall be authorized to pro ceed with the nec essary relocations or adjust - ments. The city shall prosecut e the relocation work diligently and, if the city enters into a contr act with a third party to perform the relocation , shall require said third par ty to com- plete said rel ocation on or befor e October 15, 1985. This date may be extended only with the written approval of the Colorado Wa ter Conservation Board. Page 2 of 7 pages • I • • -• • • 5. All r e co rd s pe r ta i n i ng to said relocation will be re - tained by the city for a pe riod of not less than 3 years after fin a l payment. 6. Sho ul d t h e contract or be required to subcontract any portion of the wo r k inv o lved und er this contract, the state con- curs that the wo rk h e rein b e a ccom plished with forces other t h an those of the cont r actor and the contractor agrees to require any and all subcontracto r s to ab i d e by those provisions contained hereinafter i n pa r agraph 9 . 7 . If t h e r e location work i s awarded to the Corps' con- tractor , th i s contra ct shall b e c ome null and void and of no fur- ther force and eff e ct, th e reby r eleasing all parties from any ob-ligat i ons there under . 8 . The parties hereto r epresent and affirm that the sig- na t ori e s to this agreement are l ega l ly authorized to bind the parties. 9 . This agreement shall not be deemed valid until it shall have be en a pproved by the c o n troller of the State of Colo- rado or such a s sistant as he ma y designate. This provision is applicab l e to a ny agr e ement or cont ract involv i ng the payment of money by the st ate . 10 . The contr a ctor agr ee s to comply with the letter and sp i r i t of the Colorado Antidiscrimi nation Act of 1957, as amended and othe r applicable law r especti ng discrimination and unfair em- p lo yme nt p r a ctices pursuant to sect i on 24-34 -4 0 1, C.R.S. (1973) and as requi r ed by Executive o r d er, Equal Opportunity and Affir- ma t i ve Action, dated April 16, 197 5. Pursuant thereto, the fol- l ow ing p r ovisions shall be contained i n a ll state agreements , contracts or subcontra cts : During the performan ce of this agreeme n t, th e c o ntr a ctor agrees as follows: 1. The contra c or will not discriminate a gainst any employee or applicant for em- ployment because of race, creed , color, na- tiona l origin, sex, mari tal status, reli- gion, ancestry, mental or physical h and i- cap, or age. The cont ractor will t ak e af - firmative action to insure that a pplic an ts ar e employed, and that employees are trea ted during employm ent, without regard to the above mentioned ch aracteristics. Pag 3 of 7 pages • • I • • ( • • • .. Such action shall include, but not be lim- ited to the following: employment, upgrad ing, demo tio n, or transfer, recruit- ment or recru itment advertisings: lay offs or terminations: rates of pay or other forms of compensation: and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and appli- cants for employment, notices to be pro - vided by the contracting officer setting forth provisions of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employ- ees placed by or on behalf of the contrac- tor, state that all qualified applicants will receive consideration for employment without regard to rac e, creed, color,national origin, sex, marital status, religion, ancestry mental or physical hand- icap , or age. 3. The c o ntractor will send to each la- bor union or represent ative of workers with whi c h he has collectiv e bargain in g agree- men t or othe r con tract or understanding, notice to be provided by the contracting offic er, advising the labor union or work - ers' representative of the contractor's comm i tment under the Executive Order, Equal Opportun i ty and Affirm ative Action, dated Apr il 16, 1975, a nd of the rules, regula- tions, and relevant Orders of the Governor. 4. The contra cto r and labor unions will furn ish al l informati on and reports re- q uired by Executive Order, Equal Opportuni- ty and Af firmative Action of April 16, 1975, and by the rules , regulations and Or- der s of the governor, or pursuant hereto, and will permit access to his books, re cords, a nd accounts by the contracting agency and Office of t he Governor or his de si gn ee for purposes of investigation to ascer tain comp lian ce with such rules, regu- lations and orders. Pag e 4 of 7 pages • I • ( (. • • • • 5. A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor orga- nization, or expe l any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity, be- cause of race, creed, color, sex, national origin or ancestry. 6. A labor organization or the employees or members thereof will not aid, abet, in- cite, compel or coerce the doing of any act defined in this agreement to be discrimina- tory or obstruct or prevent any person from complying with the provisions of the agree- men t or any order issued thereunder; or at- tempt, either directly or indirectly, to commit any act defined in this agreement to be discriminatory. 7. In the event of the contractor's non- compliance with the nondiscrimination clauses of this agreement or with any of such rules, regulations, or orders, this agree ment may be canc elled, terminated or suspended in whol e or in part and the con- tra cto r may be declared ineligible for fur- ther state contracts or agreements in ac- cordance with pr oc edures, authorized in Ex - ecutive Order, Equal Opportunity and Affir- mative Action of April 16, 1975 and the rules, regulations or orders promulgated in accordance therewith, and such other sanc- tions as may be impos ed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance there- with, or as otherwise provided by law. 8. The contractor will include the pro- v isions of paragraphs (1) through {8) in every subcontract and subcontractor pur- chase order unless exempted by rules, regu- lations, or orders i ssued pursuant to Exec- utive Order, Equal Opportunity and Affirma- tive Action of April 16, 1975, so that such Page 5 of 7 pages • I • ( (, • • • .. provisions will be binding upon each sub- contractor or vendor. The contractor will take such action wit h respect to any subcontracting or purchase order as the cont ra cting agency may direct, as a means of e nforcing su ch provisions, including sa ncti ons for non c ompliance; provided, how- ever, t hat in the event the contractor be- comes involved in, or is threatened with, litigation wit h the subcontractor or vendor as a result of such direction by the con- tracting a gency, the contractor may request the State of Colorado to enter into such litigation to pro t ec t the interest of the Sta te of Colorado. 11. Provisions of section 8-17-101, and 103, C.R.S. (1978) for prefere nce of Colorado l abor are applicable to this agreement if public works withi n the state are undertaken hereun- der and are financed in who le or in part by state funds. 12. Co ntractor, in consideration for state's promises herein set fort h , promises to i ndemnify, save and hold harmless the state, its employees and a ge n ts, against any and all claims, damages, liab ility and c ourt awards including costs, expenses, and attorney fees incu rred as a result of any action or omission by the contracto r , or its e mploy ees, agents, subcontractors, or assignees in connection wit h t he performance of this contract. 13. The laws of the State of Colorado and rules and regu- lations issued pursuant thereto shall be applied in the interpre- tation , exe cution and enforcement of this agreement. Any provi- sion of this agreement whethe r or not incorporated herein by ref - erence wh ich provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws, rules and regulations shall be reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense or otherw i se. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this agreement to the extent that the agreement is capable of execut ion . 14. The s i gnatories her eto aver that they are familiar with sections 18-8 -301 , C.R.S. (197 8) (Bribery and Corrupt Influ- ences) and 18-8 -401, C.R.S. (1978) (Abuse of Publ ic Office), and that no viola ion o f such provisions is present. Page 6 of 7 pages • I • • - ( • (, • • • • 15. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein. CITY OF ENGLEWOOD By:--------------------------- Mayor ATTEST: By:--------------------------- City Clerk APPROVALS ATTORNEY GENERA L DUANE WOODARD By:--------------------------- A. H. JEWELL, JR. First Assistant Attorney General STATE OF COLORADO RICHARD D. LAMM Governor DEPARTMENT OF NATURAL RESOURCES By:--------------------------- Executive Director COLORADO WATER CONSERVATION BOARD By:--------------------------- Deputy Director STATE CONTROLLER JAMES STROUP By:--------------------------- AG Alpha No. NR WC HULP AG File No. CNR8503455/JR Page 7 of 7 • I • • "--( 1 • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE Sept. 3, 1985 AGENDA ITEM I !)..tL INITIATED BY City Manager REGIONAL TRANSPORTATION DISTRIC1 SUBJECT TRANSIT STREET IMPROVEMENT AGREEMENT ACT I ON PROPOSED Recomm endation from the Engineering Services Department; to pass an ordinance authorizing e xecution of the agreement with RTD for concrete work in the amo unt of $4,1 92.00 (funded by RTD). BACKGROUND Each year , the City of Englewood requests funding from RTD to repair concrete that has been damaged by their buses at various locations throughout the City. This year RTD has approved work at the following location: 1) South Broadway at W. Yale Avenue, SW corner -reconstruct curb and gutter with five (5) foot pan. FINANCIAL RTD has committed for the actual costs of the p roposed work, to a maximum of $4,192.00. RECOMMENDATION We would recommend that the agreement be executed so that the proposed i mprovements could yet be completed in 1985. IB/lo • • 0 I . ' i • ORDI NAN::E NO . SE RIES OF 198_5_ • • • BY AliTHORITY A BILL FOR AN ORDI NAN::E APPROVING AN AGRE~£1\'T BEThTEE N TH C CITY OF' ENGLE'.-1000 , COLORAOO, AND REGIONAL TRANSI:QRTATION DISTRICT (RTD ) FOR COOCRETE REPAIR WORK AT THE SOliTHWEST CORNER OF SOUTH BROJI.!:MAY AND WES T YALE AVEN UE . WHEREAS , each year the City requests funding fran RTO to r epai r concrete that has been damaged by their buses at various locations throughout the City; and WHEREA S , RTO has approved for 1985 the reconstruction of the curb and gutter with five-foot pad at the southwest corner of South Broadway and West Yale Avenue; Na-1, THEREFORE , BE IT ORDAI NED BY THE CITY C<>lJOCIL OF THE CITY OF ENGLEWOOD , COLORADO, that: Section 1. '!he agreement between the City of Englewood, Colorado, and the Regional Transportation District , entitled "Reg ional Transportati on District Transit Street Irnprovenent Agreemen t ," for reconstruction of curb and gutter with five-foo t pad at the southwest corner of South Broadway and West Yale Avenue be and hereby is approved . A copy of said Agreement is attached hereto and incorporated herein by reference. Section 2. The Mayor and ex officio City Clerk-Treasurer are hereby author1zed to sign and attest, respectively, sa i d 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 16th day of September , 1985. Published as a Bill for an Ordinance on the 18th d ay of September, 1985. Attest: Eugene L. ot1s, Mayor ex offic1o C1ty Clerk-Treasurer • I • • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance , introduced, read i n full, and passed on first reading on the 16th day of September, 1985. Gary R. H1gbee • I I • • • • • • • REGIONAL TRANSPORTATION DISTRICT TRANSIT STREET IMPROVEMENT AGREEMENT AGREEMENT made this __ day of , 1985, by and between the City of Englewood, hereinafter r eferred to as "Grantee," and the REGIONAL TRANSPORTATION DISTRICT, a political subdivision of the State of Colorado, hereinafter referred to as "RTD." WITNESSET H: WHEREAS, the RTD has establishe d a Transit Street Improvement fund for the purpose of implement ing tra ns it related street improvements; and WHEREA S, the Grantee has file d an application for funding of certain improvements and the Board of Directors of the RTD has approved the use of RTD local funds for the Project{s) desc ribed in Exhibit A; and WHEREAS, the partie s hereto desire to implement capital improvements described herein. NOW, THEREFOR E, 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 ONE P URPOSE The purpose of this Agreement is to assist the Grantee in implementing the transit related street improvement{s) described below {hereinafter sometimes referred to as "the ProJect"). The Grantee, in turn, will carry out the Project in accordanc e with the terms of t his Agreem ent. SECTI ON TWO THE PROJECT The Project consists of the design and construction of a bus pad, 5 foot pan {60'), as descnbed in Exhibit A attached hereto. SECTION THREE THE GRANT The RTD will provide t he Grantee the total cost of the project or FOUR T HOUSAN D ONE HUNDRED NINETY TWO AND N0/100 DOLLARS {$4,192.06), wh ichever is less. 7/85 a . Where the Gran t ee performs the Project work through its own wo r k force, the RTD will provide the Grant funds on the basis of Grantee Construction -1- • I • • • - invoices received and approved by the RTD for equipment, labor, and materials expended. b. Where the Grantee performs the Project work through a con- tractor, the RTD will provide the Grant funds on the basis of the contract award price (as may be modified by change orders) all approved by the RTD. c. Where the Proj ect work is part of a larger capital improvement, the RTD will provide the Grant fu nds on the basis of the unit prices bid as part of such larger contract and RTD approval of all costs including items which may not be identified in the larger contract. SECTION FOUR ELIGIBLE COSTS Costs eligible for reimbursement by the RTD under this grant Agreement are limited to the actual cost of design and construction, testing and inspection of the approved Project. SECTION FIVE GRANTEE REQUIREMENTS a. The Grantee will prepare any necessary right-of-way or other real property acquisition instruments f or the Project, if any. b. The Grantee will provide design document review, construction ins pec- tion, and engineering services for the Project. c. The Grantee will obtain any required appraisals, permits, and approvals and will be responsible for all citizen review and public agency coordination, if any. d. The Grantee will maintain the completed Project. e. The Grantee will construct the Project through i ts own work force or cause it to be c on structed through formally advertised, free, open, and competitive bidding, and in accordance with such additional terms and conditions as the R TO may require. f. The Grantee shall permit and shall require i ts contractors to permit the RTD to inspect all data and records with regard to the Project. The RTD also may require the Grantee to furn ish at any time prior to closeout of the Project, audit reports prepared according to generally accepted accounting principles. g. Reimbursement by RTD for eligible costs is expressly contingent upon completton of the work to be performed under this Agreement on or before November 30, 1985. Grantee shall obtain the RTD's final inspection and written concurrence in the acceptance of the com pleted project improvement on or before December 15, 1985. SECTION SIX 7/85 Grantee Construction -2- I • • • • • • • DESIGN APPROVAL The Grantee shall obtain the RTD's written approval of any street improve- ment plans prior to receiving construction bids. As part of this approval process, the RTD shall have the right to inspect any contract documents. SECTION SEVEN CONTINUING TRANSPORTATION USE In consideration for this Grant, the Grantee shall allow the RTD free use of the improvements funded hereunder for transportation purposes pursuant to CRS 32-9-119. In the event the Grantee interrupts or interferes with the RTD's use of said improvements, the Grantee shall immediately refund to the RTD the full amount of the Grant funds received hereunder. SECTION EIGHT FINAL INSPECTION The Grantee shall obtain the RTD's final ins pection and written concurrence in the acceptance of completed Project improvem ents. The RTD, upon granting final acceptance, and receipt of invoices acceptable to and approved by RTD will within thirty (30) days thereafter, make payment in the amounts specified in Section Three above, in conformance with the conditions stated therein. SECTION NINE HOLD HARMLESS -RTD NOT LIABLE Grantee agrees to save and hold the RTD harmless from and against all suits, claims, and demands based upon any alleged damage to property or any alleged injury to persons (including death) which may occur or be alleged to have occurred by or on account of any negligent act or omission on the part of the said Grantee, its subcontractors, or any of their servants, employees, or agents. The Grantee, at its own expense, will settle or defend any claims or litigation arising out of the performance of this Agreement. The RTD shall not be liable for any damage to the Project improvements through the routine us e thereof unless caused solely by the negligence and/or omission of RTD employees. SECTION TEN PROHIBITED INTERESTS No officer, member, or employee of the RTD, and no members of its governing body, and no other public official or employee of the governing body of the locality or localities included within the District, during his or her tenure or for one year therafter, shall have any interest, direct or indirect, in this Agreement, or the proceeds thereof. 7/85 Grantee Construction -3- • I • - • • • ,. - SECTION ELEVEN MISCELLANEOUS 1. ~· Any notice to be given hereunder shall be deemed given when sent by registered or certified mail to the addresses below: RTD Department of Legal Counsel 1600 Blake Street Denver, CO 80202 Grantee: The City of Englewood 3400 South Elati Street Englewood, CO 80110 2. Severability. Should any provision of this agreement be declared invalid by any court of competent jurisdiction, the remaining provisions hereof shall remain in full force and effect regardless of such declaration. 3. Egual Employment Opportunity. In connection with the performance of this Agreement, the Grantee shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, marital status, being handicapped, a disadvantaged person, or a disabled or Viet Nam era veteran. The Grantee shall take affirmative action to insure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, national origin, age, marital status, being handicapped, a disadvantaged person, or a disabled or Viet Nam era veteran. Such action shall include, but not be limited to, the following: employ- ment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 4. Agreement Binding. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. 5. Laws to Apply. The Project shall be carried out in accordance with the laws of the State of Colorado and all applicable Federal laws de regulations, and all local Jaws, ordinances and regulations. 6. Amendment. This Agreement may not be amended except in writing by mutual agreement of the parties, nor may rights be waived except by an instrument in writing signed by the party charged with such waiver. 7/85 Grantee Construction -4- • I . - • • • • • IN WITNESS WHEREOF, the parties have duly executed this Agreement, effective the day and date first above written. APPROVED AS TO LEGAL FORM FOR THE REGIONAL TRANSPORTATION DISTRICT By Legal Counsel ATTEST: By 7/&5 Grantee Construction REGIONAL TRANSPORTATION DISTRICT By General Manager GRANTEE : The City of Englewood By Title---------------- -5- • I • - (I • • • • • EXHIBIT A City of Englewood 1985 T ron sit Street Improvement Projects Location South Broadway at West Yale Southbound. Project Bus Pod (60') 5' Pan TOTAL • RTD Fund $ 4,192 $ 4,192 I • • - -1-- •J) ~ • • • • I -----61 .~ f\e....,..ov<e.. VC fC: 61.5 LF Con.)+. B'' v'c1 'f-5 1f<V~ 51.5LF Con .st . a" vc.~~ --. 100 LF Re.P~ev C!.. As.f"IIAo.:r 21 5 s .F: A~tt•t.Jt P,._tc.f-7 o. 5 TotJ Con.s+. 4 ''\J~lk:.. -----::!>7.5 .S.F. .5£tw Cone.. ---..31.3 L.F • 0 ENGIN!£fttN8 D(NitTMENT • CITY OF EWLEWODD, ctJL()fiAIJtJ (IIIROft()SED RECONSTRUCTION for R.T .D . • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE September 4, 1985 AGENDA ITEM Jd.a SUBJECT 1984 State Engineer's Aband onment List INITIATED BY Englewoot("Water and Sewer Board ACTION PROPOSED _______ R_ec_o_mm __ e_nd __ C_i_t~y_C_o_u_n_c_il __ d_i_r_ec_t __ R_o_n_B_l_a_t~ch_l~e~y __ o_f ________ ~ Blatchley and Associates to study the water rights on the State and Division's Abandonment List. BACKGROUND Th e Division Engineer compiled a list of water rights which they believe may have been abandoned in eac h respective Water District becaus e of la ck of records of diversions f or ten years. It is up to the own er to protest and submit the intent for the use of the water rights. Ron Blatchley filed objections December of 19B4 on the following: #B4 CW 489 -J.D. Brown Ditch S.R. Brown Ditch #1 and #2 S.R. Brown Reserv oi r #B4 CW 490 -Com o Reservoir #1 and #2 (later ruled abandoned) #B4 CW 491 -Little Dry Creek Ditch (Cherry Hills Golf Course and Cinderella City #84 CW 561 -Ranch Creek Reservoir (later withdrew) The purpose of the proposed study would be to gather evidence to remove th e water rights from the Abandon me nt List and incorporate two additional water rights into the City's operating system. The two water rights, at the First and Second Chance Ditches, need to be incorporated to show use in the future. FINANCIAL DETAILS The proposal from Blatchley is not to exceed $21,000 .00. RECOMMENDATION For City Council to direct Ron Blatchley to study the Water Rights on the State and Division's Abandonment List. I • • RONALD K . BL ATC H LEY TE D J . CAM PBELL, JR GAR Y T. THOR FI NNSON • • • Aug u st 13 , 198 5 City of E nglew ood 3400 s. Elat i Englewood, CO 80110 At t ent i on : Mr. St u Fonda Re: Wate r Cou r t Applications for Water Rights on S.E. Abandonment Li s t De a r Mr. F o nda: T h is proposal i s fo r the wate r r ights eng i neering to develop t he da ta fo r the ap pl icat io n s for the c h ange in use of the South Platt e B asin wa t er rig ht s whi c h ar e s t ill sub j ect to the State Eng i n eer 's Aband o n me nt List. T he su b j ect water rights include: 1. Little Dry Cre e k Di tch (Ch erry Rills Country Club) 2. Li t tle Dr y Cr eek Di t ch (between Cherokee ' Bannock Street s) 3. J. D. Brown Di t ch 4 . Samuel R. Brown Ditch f l 5. S am ue l R. Br o wn Ditch 12 6. S a muel R . Brow n Reservoi r I t i s my under s tanding that th e water cou rt applications by E ngle wo od are to be subm1 ted p rio r to No vem ber 1 5 , 1 985 . An aban~onmen t hearin g on thP se water r ig h s i s t o be set for November 1 98 5 i t t he appl ication s are not submit ted. The s e are my understan ding of the condition s negotia t ed wi t h t he Division E n gineer's oft1c e and th e Atto r ney General 's o f fic e o n J u l y 31, 1985. The pr opo ed en ginee rin q 1nves t i gatio n s are d i ffi cul t to de f ine b u t should i nclude the f o l l o wing: of : A. Identlt y t h e late st use ot the water r ig ht ~ b y th e u se biOtChfey 01/0cJ Ote l.fnc. I CONS ULTING ENGINEERS 252' S UTH \\Av ·1\ >RTH B ll f v,;,RQ * J(){, ·DE'"'' A COLORADO 80227 • (303) 98 9 6932 WAT[A A£50UF4C£5 WA.lH\ q:(,Hl!. GROUPitO 'I\IA TfH H't'OAOlt'XiY ENVIAONMfN TAL & GEOlOGIC AL ENG I,..H AING I • • ...... Cl City of Englewood Page 2 August 13, 1985 • • .. (1) Aeria l photos (as early as 1937-38). (2) Interviews of prior owners of the water rights. (3) Interviews of person s familiar with the development of Englewood. B. Ana lysts of the historic use, prlmarily to define the consumptive use of irrigation water . c. Evaluation of the water quality of the Little and Big Dry Creeks. (1) Researc h of water quality records. (2) Sampllng of present creek water supply. D. Fea sibility analysi s inco rporating these water rights in the Englewood system in one or more of the following manner: (1) Irrigation o f parks at their present adjudicated locat ion or transfer to other existing parks. (2) Exchan ge of the water rights into the City ditch. (3) Construction of diversion structures and pipelines and/or ditches to deliver the water from the ditch's pres ent decreed location to a new point of use. The Fe asibility Analysis would include a yield estimate for use in the master plan study, a preliminary design of new structures involved, construction cost estimate and time schedule to accomplish the utilization of these wa ter r1ghts. E. A report summarizing results of the investigations will be submitted to the C1ty for approv al of the recommended method to ut1l1ze the wa ter right. F. Feas ibility analysis of incorp orating the lst and 2nd Chance ditches into the Englewood system . The same analysts as defined in item D above Will be made. A separate report will be subm1tted for these wa er r1ghts . I • (j • • - City of Englewood Page 3 August 13, 1985 It is estima t ed th a t the engin eer i ng fees and expenses for the above serv ic e s would be betwee n $19,500 and $21,500. Because of the legal and e nginee r ing int erfa c e of parts of the study, it is proposed tha t th e wor k be acco mplished in accordance with the attached Sched u l e of Hourly Rates a n d Expenses. The FeaslDility Analysis fees and e x penses w111 no t exceed $21,500 without the City of Engl ewood's written approv a l. Pro ject notes f or the studies will be maintained, copied a nd transm1t t e d to your office as neede d. These project notes wi l l provide the a nalysis and backup c alculat i ons to the extent possible, as a backup for the r e p or t , conclusions and recommen -dations. Up on acceptance of this cont ra c t, it is mutua l ly agreed b y the Cit y of Englewood (OWNER) and B l atchley Associates, Inc. (ENGINEER ) that: 1. OWN ER shall provide all c r iteria and full information as to OW NER's requirements fo r the Project, designate a per son to act w1th auth ority on OWNER's behalf in respe ct to all aspects of t he Project, examine and resp ond promptly to ENGI NEER 's submissions. 2. BILLINGS 2.1 Billings for wor k performed hereunde r by t h e ENGINEER will be made mont hl y t o the OWNER . 2.2 Services under this contract wil l be provided at the hourly rates as shown on t he at tach ed S c hed ule of Hourly Rate s and Expenses. 2.3 Inter est of l~t per month shall accrue on balances unpaid 4 5 day s after billing. If no payment is made within 60 days after billing, ENGINEER may, after giving seven days• written not ic e t o OWN ER, suspend services under this Ag r e ement un t il h e h~s been paid in full all amounts due h i m for se r v i ces and expenses. 2.4 The OWNER and ENGINEER agree to p ay reasonable collection costs plus attorney's fe e s incurred by OWNER oc ENGINEER in the collection of any a mounts due to t he OWNER or ENGINEER upon completion o r cancellation of this contract. I • • Cl Cl • • • City of Englewood Page 4 August 13, 1985 3. The OWNER agrees to limit the ENGINEER'S llability to the OWNER and to all Construction Contractors and Subcontractors on the Project, due to the ENGINEER'S professional negligent acts, errors or omissions, such that the total aggregate liability of the ENGINEER to those named shall not exceed fitty thousand ($50,000) dollars or the ENGINEER'S total fee for services ren- dered on this Project, whi chever is greater. Limltation Accepted ______ _ Limitation Declined ______ _ 4. Any modif ications of this contract must be in writing and signed by the autho rized representative of both the ENGINEER and the OWNER. 5. This contrac t can be canc eled by either party upon thirty days wr itten notice to the other party that it is the party's intent to no longer be bound by the terms of this contract. 6. All doc ument s including Drawings and Specitications pre- pared by ENGINEER purs uant to this Agreement are instru- ments of service in respect of the Project. They are not intended or represent ed to be suitable for reuse by OWNER or others on extensions of the Project or on any other project . Any reuse without written verification or adap tation by ENGINEER for the specific purposes intended wi ll be at OWNER's sole risk and without liabi- lity or legal e xp osure to ENGINEERJ and OWNER shall indemnify and hold harml ess ENGINEER from all claims, damages, losses and e xpenses inclu ding attorneys• fees aris1ng out of or resulting theref rom. Any such verifi- cation or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. If this proposa l and the terms stated above are acceptable, please sign one copy and return it to our office. This agreement will serve both as an authorizatio n for us to proceed with the above recomm ended program and fur ther as the contract between the ENGINEER and the OWNER concern ing the above recommended work. This proposal wi ll be open for accep tance for 60 calendar days from the date of this proposal, unless changed by us in writing. I • • Cl • City of Englewood Page 5 August 13, 1985 • • • If this proposal and t he terms thereof are not acceptable as to form of contract, budg e t or scope of work, I will be available at your convenience to discuss these ite•s. RltB:va Enclosure The City of Englewood hereby accepts the terms and con- ditions of the above proposal and agrees that this document shall be the exclusive contract between the parties as to the work described herein. Execution of this document shall also serve as authorization to Blatchley Associates, Inc., to proceed hereunder. Name Title Date I • • Classification • • - SCHEDULE OP HOURLY RATES AND EXPENSES SCR!!Dl1L!! R-2 January 1, 1985 Principal En9ineer ------------------------------------------ Senior Associate Principal !!nqineer ------------------------- Project Manaqer --------------------------------------------- Project !!nqineer or Project Geoloqist ----------------------- Senior !!nqineer or Senior Geoloqical Enqineer --------------- Senior Technician ------------------------------------------- Enqineer or Geoloqical !!nqineer ----------------------------- Senior Draftsperson ----------------------------------------- Enqineerinq Technician-------------------------------------- Resident Civil Enqineer or Geoloqical Enqineer -------------- Construction Technical Observer ----------------------------- Typist ------------------------------------------------------ Clerk ------------------------------------------------------- Expert Testimony at Rearinqs and Trials, Daily Rate --------- Word Processor and Computer Terminal ------------------------ Computer Service Conne ct Time ------------------------------- Rate Per Rour 80.00 63.00 50.00 35.00 32.00 32.00 30.00 28.00 23.00 32.00 21.00 21.00 15.00 640.00 10.00 50.00 Vehicle Mileaqe, 2 wheel drive ------------------------------25 cents/mile Vehicle Mileaqe, 4 whe el drive ------------------------------30 cents/mile Field Vehicle (2 whe el drive) ------------------------$25.00/day + mileaqe Pield Vehicle (4 wheel drive) ------------------------$30.00/day + mileaqe Outside Services and Expenses -------------------------------Cost plus lOt Observation or test holes : Unlined -----------------------------$4.50 ft. Lined -------------------------------$7.00 ft. Percolation and Geological Test Roles -----------------------cos t plus lOt The above rates are effective for one year from the date qiven above. If the OWNER aqrees in writinq to limit the ENGINEER'S liability to the OWNER and to all Construction Contr a ctors and Subcontractors on the Project due to the ENGINEER'S professiona l neqliqent acts, errors or omission, such that the total aqqreqate liability of the EN GINEER to those named shall not exceed fifty thousand ($50,000) dol l a rs or the ENGINEER'S total fee for services rendered on this Project, wh ichever is qreater, the above hourly rates will be discounted four percent C4t). Por a cceptance or declination of this limitation and related discount, pleaae indicate by siqn in9 in the appropriate aiqnature line in Item 5 of the Contract Conditions of the !!nqineerinq Proposal. • I • • • • • '---< . ....-.... (}- C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGEN DA I TEI1 SUBJECT Inducemen t Resolution f or the Issuan ce of .lulti -family Housing R venu Bond s for S . bud Bradv and/o r As si n s . Se temb~r 16 1985 INITIATED BY Su san Powers , As sis tant Cit'' Manag r for Economic Dev lopmen t ACTIO N PROPOSED Ap prove th e Inducement Resolu tion • BACKGROUKD AND INTRODUCTI ON: The City has r eceived a r e qu est fr om S. Rud Brady f o r th e issuance o f $5 0;000 ,000 in mu lti-f amily h o u s ing r evenue b onds t o d evelop the 6.5 acres presently th e location of th e o ld King So o p e rs site, and other retail outlets. The site will house appro ximately 4 00 units o f rental hou sing units and a renovated retail c omplex o f appro ximately 60 ,000 square fe e t. According to federal law 20 % of the units must be res e rved f o r l ow to moderate income r esidents, and this will appl y to this development as well. These un its will be scat tered throughout the dev elo pment. The Inducement Resolution is th e first step in the process and it "'ill be f ollowed by th e bon d ordinance, which will be presented to the Co uncil in the next 60 days . Ac - co rding t o Brady's schedule, the construction will start late f al l if weather permits . The project will be built out within three years . RECOH!-IENDATION: It is r ecomme nd ed that the Ci t y Coun cil pa ss the Inducement Re sol ution f o r the i ssuanc of multi-family h ousing revenu e bonds for S. Bud Brady. I • • • RESOLUTION NO . SERIES OF 1985 • • - A RESOLUTION DECLARING THE INTENT OF THE CITY OF ENGLEWOOD , COLORAD O TO ISSUE BONDS TO PROVIDE FINANCING FOR A MULTIFAMILY PROJECT TO BE UNDERTAKEN BY S . BUD BRADY AND/O R ASSIGIJ S , AS DESCRIBED HEREIN; PRESCRIBING CERTAIN TERMS AND CONDITIONS OF SUCH BONDS; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. WHEREAS, pursuant to the County and Municipality Development Revenue Bonds Act, Colorado Revised Statutes , Title 29, Article 3 1 Sections 29-3-101 et seq . (the "Act"), the City of Englewood, Colorado, !the "issuer") is authorized to issue revenue bonds for the purpose of providing financing for residential projects located within the boundar1es of the Issuer and intended to be occupied by persons of low and middle income, as determined by the governing body of the Issuer; and WHEREAS, Section l03{b)(4){A) of the Internal Revenue Code, as amended (the "Code"), provides that the interest on obligations issued by or on behalf of a state or a political subdivision thereof substantially all of the proceeds of which are to be used to provide projects for residential rental property shall be exempt from federal income taxation if, among other requirements, at least twenty percent (20~) of the un1ts thereof will be occupied by individuals of low or moderate income, within the meaning of the Code Section l03(b)(l2){C) at all times during the qualified project period set forth in Code Section l03(b)(l2)(Bl; and WHEREAS, it is proposed that the Issuer issue 1ts revenue bonds in one or more series for the purpose of providing financing for a multifamily rental residential project consist1ng of approximately 400 apartment units and to renovate certain existing structures for retail and commercial purposes to be located on approximately 6.5 acres of real estate located at West G1rard Avenue and South Elati Street, Wlthin the boundaries of the Issuer (the "Project "), which will be owned by S . Bud Brady and/or assigns (the "Owner") but only in the event that all matters relating to the plans and specifications of the Projects, 1 ts zoning and all other real estate concerns be satisfactory in all respects to City; and • I • • • • .. -2- WHEREAS , the Owner has ind1cated its willingness to ent e r into contractual arrangements with the Issuer providing assurance sat1sfactory to the Issuer that at least twenty percent (20%lof the units of the Project will be occup1ed by indiv1dual s of low or middle income with i n the meaning of Code Sect1on l03(b)(l2)(Bl; and WHEREAS, the Issuer wishes to declare its intention to authorize an issue of its revenue bonds in one or more series for the purpose of paying the cost of financing the Project, when so requested by the Owner, upon such terms and cond1tions as are contained herein , and as may then be agreed upon by the Issuer, the Owner, and the purchaser for the bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. In order to benefit the residents of the Issuer and to induce the Owner to locate the Project within the boundaries of the Issuer, the Issuer hereby declares its intent to issue its multifamily housing revenue bonds in one or more series (the "Bonds") in an approximate aggregate principal amount of $50 1 000 1 000 1 which amount is estimated to be sufficient: (a) to fund a loan to provide financing for the acquisition and construction of the Project; and (b) to fund certain reserves; and (c) to pay certain costs incurred in connection with the issuance of the Bonds. The Bonds will be issued by the City only subsequent to the approval in all respects of the plans and specifications of the Project by the City and only in the event that all matters relating to such plans and specifications for the Project, its zoning and all other real estate concerns be satisfactory in all respects to the City. Section 2. The Bonds shall be special limited obligations of the Issuer payable solely from the revenues derived from or in connection with the loan to provide financ i ng for the Project . Section 3 . The governing body of the Issuer hereby f i nd s , determines, recites and declares that the Bonds shall not constitute the debt or indebtedness of the Issuer, the State of Colorado or any other political subdivision of the State, and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against the Issuer's general credit or taxing powers, nor shall th e Bonds ever be deemed to be an obligation or agreement of any officer, director, agent or employe e of the Issuer in such person's ind i vidual capacity, and none of such persons shall be subject to any personal liab1lity by reason of issuance of th e Bond s . • I • • • • • .. Section 4. The issuance of the Bonds shall be sub j ect to: Cal the execution by the Owner and th e Issuer of contractual arrangements providing assurance satisfa c tory to the Issuer that at least twenty percent (20%) of the residential units in the Project will be occup1ed by persons of low or moderate income within the meaning of Code Section l03(b )(l2l (C ) at all times during the qualified project period set forth in Code Section l03(b)Cl2)(Bl; Cbl the receipt of an unqualified approving opinion of Mudge, Rose, Guthrie, ~lexander & Ferdon, as Bond Counsel; Ccl the unqualified obligation of the Owner to pay all expenses and fees of the Issuer in connection herewith; and (d) the issuance of the Bonds within twelve (12) months of the date hereof. Section S. The governing body of the Issuer hereby finds, determines, recites and declares that the issuance of the Bonds to provide financing for the Project will promote the public purposes set forth in the ~ct, including, without limitation, assisting persons of low and middle income to obta i n decent, safe and sanitary housing at rental they can afford . Section 6. The governing body of the Issuer hereby finds, determines, recites and declares the Issuer 's intent that this Resolution constitute an official indication of the present intention of the Issuer to issue the Bonds as herein provided; that the adoption of this Resolution is and constitutes the taking of affirmative offic1al action of the Issuer acting by and through its governing body toward the issuance of the Bonds within the meaning of Section l.l03-8(alCSJ(iiil, Title 26 1 Code of Federal Regulations, as amended, and applicable rulings of the Internal Revenue Service thereunder; and that the adoption of this Resolution is intended to induce the Owner to undertake and locate the Project within the boundaries of the Issuer for the benefit of the residents of the Issuer; all to the end that the Bonds may qualify for the exemption provisions o f Code Sectlon l03(b)C4l(al and that the interest on the Bonds will therefore be ex c ludable from the gross incomes of the holders thereof under the prov i sions of Code Section l03(aJCl l . Section 7. ~11 actions not incons1stent with the provisions of the Resolution heretofore taken by the governing body of the Issuer or off1cers of the Issuer in furtherance of the undertakings herein described are hereby ratified, approved and confirmed. • I • • • • • -4- Section 8 . All prior acts, orders or resolutions, or parts thereof of the Issuer in conflict with this Resolution are hereby repealed, except that this repealer shall not be construed to revise an act, order or resolution, or part thereof, heretofore repealed. Section 9 . If any section, paragraph, clause or provision of this Resolution shall be adjudged to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining sections, paragraphs, clauses or provisions of this Resolution, it being the intention that the various parts hereof are severable. ~DOPTED ~ND ~PPROVED THE -----day of ______ , 198. Eugene L. Otis, Hayor ~ttest: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate, and complete copy of Resolution No . _____ , Series of 1985. Gary R. Higbee I • • - • ( • RESOLUTION NO. &6 SERIES OF 1985 • • • A RESOLUTION ENDORSING A ONE-TIME-ONLY TAX AMNESTY PROGRAM SPONSORED BY THE STATE OF COLORADO. WHEREAS, the State of Colorado is conducting a one-time-only Tax Amnesty program from September 16, 1985 through November 15, 1985 which is expected to generate at least $5 million in tax and interest payments; and WHEREAS. the Tax Amnesty Program allows individuals and businesses to pay back taxes and interest to the state without penalty or prosecution; and WHEREAS, Tax Amnesty will encourage voluntary compliance with state tax laws and benefit those who pay in excess of 20 percent more tax than necessary to compensate for those who fail to pay their fair share; and WHEREAS, the State of Colorado is committed to improve methods of detecting tax evasion and will increase penalties for delinquent taxpayers and tax evaders after Tax Amnesty; and WHEREAS , the City Council of the City of Englewood, Colorado, recogn izes the importance of voluntary tax compliance for the benefit of all residents of Colorado; NOW, THEREFORE, BE IT HEREBY RESOLVED THAT THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, SUPPORTS THE STATE OF COLORADO TAX AMNESTY AND ENCOURAGES PARTICIPATION FROM ALL CITIZENS TO WHOM THIS PROGRAM APPLIES. ADOPTED AND APPROVED this 16th day of September, 1985. Eugene L. Ot~s, Mayor I • - ( • • • • -2- Attest: ex offici o city Clerk-Tr easurer 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 complete copy of Resolution No. _____ , Series of 1 985 . Gary R. Higbee • I .