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HomeMy WebLinkAbout1985-10-07 (Regular) Meeting Agenda• • - 0 City Council Meeting -Reg ular -October 7, 1985 • • • • • ~ .P: ~~ 4g'_ 39, <1--o en~ #-~~y:t:ft..~Y:k:J: • 0 0 I . 1. 2. 3. 4. 5 . Iff(("\, ) \ \ I I 6. /~ • • • .. - .. . . · - AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL OCTOBER 7, 1985 7:30 P.M. Call to order. (I w Invocation. II£ { c-{J Plodgo of allegiance. r· ~~\,) "-.: Roll call. (p I Minutes. (a) Minutes of the special meeting of September 9, 1985 (7:30p.m.). (b) Minutes of the special meeting of September 9, 1985 (9:26p.m.). (c) Minutes of the special meeting of September 10, 1985. (d) Minutes of the regular meeting of September 16, 1985. (e) Minutes of the special meeting of September 23, 1985. Pre-Scheduled Visitors. (Please limit your presentation to 1 0 minutes.) (a) :'ss Rhonda Davis, President, and Mrs . Jeanette Clapton, Cha~~a n of Englewood Business and Professional Women's Club, W4 ~, be present to accept a proclamation declaring October 20 \. •.. ·-·•oh 26, 1985 as Nat j or 1 Business and Professional Women • s wt: ..... I • -• • .. • Page 2 October 7, 1985 Agenda 6. Pre-Scheduled Visitors (Please limit your presentation to 10 minutes.) (Continued). 7. 8. ~(c) (d) Paramedic Donald Schoenbein, DOE Brian Bruns and Lt. Michael Pattarozzi of the Englewood Fire Department will be presented with "Medal of Valor" awards in recognition of their courageous actions in the rescue of victims involved in an automobile/train accident in the City of Sheridan on September 6, 1985. Mr. Bruce Johnson, Mr. Robert Tomlinson, Ms. Perle Rae Kortz, Ms. Alyce Meanwell, Mr. Irving Shwayder, residents of The Waterford will be present to discuss the Waterford Project. Mr. Jeff Van Scoyk representing owners of property on West Evans will be present to discuss the Ordinance relative to auto and recreation vehicle sales and lease lots, gas and oil service stations. (See item 9 h.) Non-Schedu ~~d Visitors. (Please limit your presentation minutes.)_,<f-u.:J Vh.~Y\--,p--o~\1, /.3 -Z.. '-U icu: ( ,4a..~ I /e....- to 5 Communications and Proclamations. £ a) Proclamation declaring October 6 through 12, 1985 as Alcohol Awareness Week. (b) Proclamation declaring November 4 through 11, 1985 as Welcome Home Vietnam Veterans Week. (c) Letter from Ms. Rachel Owens, Englewood Downtown Development Authority Board of Directors member, concerning her resignation from that Board. I (d) Letter from Mr. Edwin McBrayer, Planning and Zoning Commission Chairman, concerning his resignation from that Board. I I ! ., ,?l (e) (! l/J Communication from the Library Advisory Board transmitting a committee report regarding the duties and responsibilities of Library Advisory Board members. • 9. C~ent Agenda. "\ f i (a) Minutes of { 1 ( ~ meeting of the Parks and Recreation Commission August 8, 1985 • I • • -• • - Page 3 October 7, 1985 Agenda 9. Consent Agenda (Continued). (b) Minutes of the Englewood Downtown Development Authority meeting of August 14, 1985. (c) (d) (e) (f) (g) Minutes of the Board of Adjustment and Appeals meeting of August 14, 1985. Minutes of the Englewood Liquor License Authority meeting of August 21, 1985. Minutes of the Englewood Housing Authority meeting of August 28, 1985. Minutes of the Planning and Zoning Commission meeting September 4 and 17, 1985. Minutes of the Englewood Public Library Advisory Board meeting of September 10, 1985. ' . /( I (h) c_f>5D.I "'U ettL --Y d . . . i u. ·, d (• ). ~ Or 1nance on f1nal read1ng propos ng amendments to the ( i) ~£>~~ (Otd (j) (k) G/~ t S J(l , LL~ Comprehensive Zoning Ordinance relative to auto and /){-... .;. ,J recreation vehicle sales and lease lots, gas and oil service stations. Ordinance on final reading approving South Arapahoe Sanitation District's Supplement *30 to annex approximately 4.810 acres. Ordinance on final reading approving 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. Ordinance on final reading approving the authorization of 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. Ordinance on final reading approving an agreement wh i ch will establish the responsibilities for the City of Englewood and the Housing Authority. Ordinance on final reading approving an agreement between the City of Englewood 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. • ) I • • • • • Page 4 October 7, 1985 Agenda 10. Public Hearing. To consider an Ordinance on final reading amending the Comprehensive Zoning Ordinance relating to procedures for initial zoning of property, rezoning and changes and amendments to the Ordinance; fences and retaining walls; landscape ordinance; and sign code. 11. Ordinances, Resolutions and Motions. Recommendation from the Engineering Services Department to approve a Bill for an Ordinance to establish assessment costs for Concrete Replacement Program 1984, and to approve the completion schedule for the overlay Program. (b) Recommendation from the Community Development Department to approve an Inducement Resolution for the issuance of ) _t ~ lJ~ (.11$10 million in Industrial Revenue Bonds for the ,1 [ Y...d · V' development of the Buyers Club Complex by the 3B ~~~ Management Company. ~-\ (c) Recommendation from the Department of Community I • j[. ~ ") -1 : • Development to approve a Resolution granting an easement for the encroaching the south wall of the building located at 3998 South Broadway into the right-of-way for East Nassau Avenue. Recommendation from the Community Development Department to adopt a Resolution which will provide a mechanism whereby income eligibility standards to permit elderly, handicapped, disabled and low-income persons to defer payment of certain property special assessments, can be revised or set forth by the Department of Housing and Urban Development (HUD). (e) Recommendation from the Community Development Department to amend the Englewood Municipal Code deleting certain streets as designated routes and restricting hours on / ,J u.s. 285 and u.s. 85 for vehicles transporting hazardous •1t chemicals and materials in order to prevent the 0 possibility of a dangerous situation in the event of an accident or malfunction. Recommendation from the Planning and Zoning Commission that City Council receive its recommendation regarding the Marks Planned Development and that Council set a date for a public hearing. • I • • • • • • Page 5 October 7, 1985 Agenda 11. Ordinances, Resolutions and Motions (Continued). . (g) Recommendation from the Fire Department to approve the award of bid for Phase I of the repaving project at the South Metro Fire Training Academy to RKE Enterprises in the amount of $30,725.39 Recommendation from the Finance Department to approve the award of bid for the City's Annual Audit Examination Financial Report of 1985, 1986 and 1987 to Price Waterhouse in the amount of $96,000. Recommendation from the Finance Department to approve a bill for an ordinance establishing the mill levy for fiscal year 1986 at 5.694 mills for the General Fund and 2.496 mills for the Debt Service Fund and 5 mills for the Downtown Development Authority. Recommendation from the Parks and Recreation Department to approve a Bill for an Ordinance amending the contract between the City and the Colorado Department of Natural Resources to allow the usage of the City's trails grant funds to construct a bridge across the South Platte River to connect the Greenway Trail with the Englewood Golf Course. 12. City Manager's Report.~ 13. City Attorney's Report. 14. General Discussion. (a) (b) Mayor's Choice.- Council Member's 15. Adjournment. /)~!)/:(/~ ~~D MC COWN 1 Ci Manager G( t AM/sb )7ttljbuQ1L.., ·V-(_ tt c__()'lc o"-'<-01-. ?"' 3 lf~ Choice. -7fY V U ~ /J --z ~~-fi(_Jtu- .csy r->> • I • • - • • • • REGULAR MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado October 7, 1985 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on October 7, 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, Van Dyke, Vobejda, Bilo, Bradshaw, Otis. Absent: Council Member Weist. The Mayor declared a quorum present. * * * * * * * Also present were: City Manager McCown City Attorney Olsen Assistant City Manager Vargas Fire Chief Broman 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 SEPTEMBER 9, 1985 (7:30 P.M.). Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Nays: Absent: Council Members Higday, Van Dyke, Vobejda, Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried • * * * * * * * • I • • October 7, 1985 Page 2 • • • COUNCIL MEMBER VOBEJDA MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 9, 1985 (9:26 P.M.). Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Nays: Absent: Council Members Higday, Van Dyke, Vobejda, Bilo, Bradshaw , Otis . None . Council Member Weist. The Mayor declared the motion carried . * * * * * * * MAYOR PRO TEM BRADSHAW MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 10, 1985 . Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Van Dyke, Vobejda , Bilo, Bradshaw, Otis. None . Council Member Weist . The Mayor declared the motion carried. * * * * * * * MAYOR PRO TEM BRADSHAW MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 10, 1985. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Van Dyke, Vobejda, Silo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried. * * * * * * * MAYOR PRO TEM BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGU- LAR MEETING OF SEPTEMBER 16, 1985. Council Member Bilo seconded the mot i on. Upon a call of the roll, the vote resulted as follows: • I • - • October 7, 1985 Page 3 Ayes: Nays: Absent: • • • Council Members Higday, Van Dyke, Vobejda, B ilo , Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried. • • • • • • • COUNCIL MEMBER VAN DYKE MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 23, 1985. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Van Dyke, Vobejda, Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried. • • • • • • • MAYOR PRO TEM BRADSHAW MOVED TO APPROVE A PROCLAMATION DECLARING OCTOBER 20-26, 1985, AS "NATIONAL BUSINESS AND PROFESSIONAL WOMEN'S WEEK." Council Member Van Dyke seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Van Dyke, Vob ejda , Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried. Mayor Otis presented the proclamation to Miss Rhonda Davis, President, and Mrs. Jeanette Clapton, Chairman of Englewood Business and Professional Women's Club, who in turn expressed appreciation for the recognition. • • • • • • • • I • - • • • October 7, 1985 Page 4 • • • Fire Chief Broman presented "Medal of Valor" awards to Paramedic Donald Schoenbein , DOE Brian Bruns and Lt . Michael Pattarozzi of the Englewood Fire Department for recognition of courageous actions in the rescue of victims involved in an automobile/train accident in the Ci ty of Sheridan on September 6, 1985. * * * * * * * Tom Ragga n etti , attorney , representing the residents of The Waterford came forward. Mr. Ragganetti stated he would waive his pre- sentation until a later date if Council anticipated setting a public hearing on the planned development called "The Marks." MAYOR PRO TEM BRADSHAW MOVED TO BRING FORWARD AGENDA ITEM ll(F) THE RECOMMENDATION FROM THE PL ANNING AND ZONING COMMISSION THAT CITY COUNCIL RECEIVE ITS RECOMMENDATION REGARDING THE MARKS PLANNED DEVELOP- MENT AND THAT COUNCIL SET A DATE FOR A PUBLIC HEARING. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Van Dyke, Vobejda, Bile, Bradshaw, ·Otis . None. Council Member Weist. The Mayor declared the motion carried. MAYOR PRO TEM BRADSHAW MOVED TO RECEIVE THE RECOMMENDATION AND TO SET A PUBLIC HEARING FOR MONDAY, OCTOBER 28, 1985, AT 7:30 P.M. Coun- cil Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Van Dyke, Vobejda, Bile, Bradshaw, Otis. None • Council Member Weist. The Mayor declared the motion carried. * * * * * * * Mr. Jeff Van Scoyk representing owners of property on West Evans came forward. Mr. Van Scoyk asked Council to exclude these resi- dents from the ordinance on auto sales because none of them knew about the legislation. • I • • October 7, 1985 Page 5 • • • Council advised Mr. Van Scoyk to use the option of petition ing b ef ore the Board of Adjustment and Appeals in this particular case and asking for a variance on this legislation. * * * * * * * Under non-scheduled visitors, Greg Thompson , owner of Classic Cars at 4528 South Broadway , came forward. Mr . Thompson spoke on the devaluation of property along South Broadway if landscaping requirements for B-2 were passed . Mr . Thompson stated 5-foot setback was workable but not the 10-foot . Mr. Thompson asked Council to defeat the ordinance. Mr. Thompson also spoke about the garbage and sanitation problem in the alleys, and asked if some clean up efforts could be sought. COUNCIL MEMBER HIGDAY MOVED TO BRING FORWARD AGENDA ITEM 9(H) "ORDINANCE ON FINAL READING PROPOSING AMENDMENTS TO THE COMPREHENSIVE ZONING ORDINANCE RELATIVE TO AUTO AND RECREATION VEHICLE SALES AND LEASE LOTS, GAS AND OIL SERVICE STATIONS." Mayor Pro Tern Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Van Dyke, Vobejd a , Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried. ORDINANCE NO. 56 SERIES OF 1985 BY AUTHORITY COUNCIL BILL NO. 50.1 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE 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 • • I • • - • • • October 7, 1985 Page 6 • • • COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 50.1, SERIES OF 1985, ON FINAL READING. Mayor Pro Tern Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Van Dyke, Vobejda, Bilo, Bradshaw, Otis. None . Council Member Weist. The Mayor declared the motion carried. * * * * * * * MAYOR PRO TEM BRADSHAW MOVED TO PASS THE PROCLAMATION DECLARING OCTOBER 6-12, 1985 AS "ALCOHOL AWARENESS WEEK." Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Nays: Absent: Council Members Higday, Van Dyke, Vobejda, Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried. * * * * * * * Mayor Otis asked if there was anyone in the audience wishing to address the City Council on any subject. Wade Gately, attorney representing the owner of 3998 South Broadway, came forward. Mr. Gately discussed the request for an en- croachment for this property. COUNCIL MEMBER SILO MOVED TO BRING FORWARD AGENDA ITEM ll(c) A BILL FOR AN ORDINANCE GRANTING AN EASEME!IT FOR THE ENCROACHMEtiT OF THE SOUTH WALL OF THE BUILDING LOCATED AT 3998 SOUTH BROADWAY INTO THE RIGHT- OF-WAY FOR EAST NASSAU AVENUE. Council Member Higday seconded the mo- tion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Van Dyke, Vobejda, Bilo, Bradshaw, Otis. None. • I • • • October 7, 1985 Page 7 Absent: • • .. • Council Member Weist. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1985 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 67 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE APPROVING AN EASEMENT FOR THE ENCROACHMENT OF A PORTION OF A MASONRY BUILDING AT EAST NASSAU AVENUE AND BROADWAY, 3998 SOUTH BROAD-WAY. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 67, SERIES OF 1985, ON FIRST READING. Mayor Pro Tern Bradshaw seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Van Dyke, Vobejda, Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried. Council discussed making this easement conditional upon compli-ance with Council Bill No. 50.1. COUNCIL MEMBER HIGDAY MOVED TO AMEND COUNCIL BILL NO. 67, SERIES OF 1985, BY ADDING PARAGRAPH 5 TO THE EASEMENT AGREEMENT TO READ AS FOL-LOWS: "5. THIS AGREEMENT SHALL BE VOID UPON USE OF THE ABOVE DESCRIBED PROPERTY WITHOUT COMPLIANCE WITH THE REQUIREMENTS OF COUNCIL BILL NO. 50.1, SERIES OF 1985, AS IF SAID REQUIREMENTS WERE EFFECTIVE ON OCTOBER 7, 1985." Mayor Pro Tern Bradshaw seconded the motion. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Nays: Council Members Higday, Van Dyke, Vobejda, Bilo, Bradshaw, Otis. None. • I • • • • • • October 7, 1985 Page 8 Absent: Council Member Weist. The Mayor declared the amendment carried. Upon a call of the roll, the vote on the original motion result-ed as follows: Ayes: Nays: Absent: Council Members Higday, Van Dyke, Vobejda, Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried. * * * * * * * MAYOR PRO TEM BRADSHAW MOVED TO PASS A PROCLAMATION DECLARING NOVEMBER 4-11, 1985, AS "WELCOME HOME VIETNAM VETERANS WEEK." Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: p.m. Ayes: Nays: Absent: Council Members Higday, Van Dyke, Vobejda, Bilo, Bradshaw, Otis. None . Council Member Weist. The Mayor declared the motion carried. * * * * * * * Council Member Higday excused himself from the meeting a t 8:25 * * • * * * * MAY OR PRO TEM BRADSHAW MOVED TO ACCEPT WITH REGRET THE LETTER FROM RA CHEL OWENS RESIGNING FROM THE ENGLEWOOD DOWNTOWN DEVELOPMENT AU- THORITY. Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Van Dyke, Vobejda, Bilo, Bradshaw, Otis. None. • I • • - • • • • • October 7, 1985 Page 9 Absent: Council Members Higday, Weist. The Mayor declared the motion carried. Owens. Council instructed staff to send a letter of appreciation to Ms. * * * * * * * COUNCIL MEMBER VAN DYKE MOVED TO ACCEPT THE LETTER FROM EDWIN MCBRAYER RESIGNING FROM THE PLANNING AND ZONING COMMISSION. Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Van Dyke, Vobejda, Bilo, Bradshaw, Otis. None. Council Members Higday, Weist. The Mayor declared the motion carried. McBrayer. Council instructed staff to send a letter of appreciation to Mr. * * * * * * * MAYOR PRO TEM BRADSHAW MOVED TO ACCEPT A COMMUNICATION FROM THE LIBRARY ADVISORY BOARD TRANSMITTING A COMMITTEE REPORT REGARDING THE DUTIES AND RESPONSIBILITIES OF LIBRARY ADVISORY BOARD MEMBERS. Council Member Van Dyke seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Van Dyke, Vobejda, Bilo, Bradshaw, Otis. None. Council Members Higday, Weist. The Mayor declared the motion carried. * * * * * * * Consent Agenda items were: • I • • • October 7, 1985 Page 10 (a) (b) (c) (d) (e) (f) (g) (h) ( i) ( j) (k) (1) (m) • • • Minutes of the Parks and Recreation Commission meeting of August 8, 1985. Minutes of the Englewood Downtown Development Au- thority meeting of August 14, 1985. Minutes of the Board of Adjustment and Appeals meeting of August 14, 1985. Minutes of the Englewood Liquor License Authority meeting of August 21, 1985. Minutes of the Englewood Housing Authority meeting of August 28, 1985. Minutes of the Planning and Zoning Commission meeting September 4 and 17, 1985. Minutes of the Englewood Public Library Advisory Board meeting of September 10, 1985. Ordinance on final reading proposing amendments to the Comprehensive Zoning Ordinance relative to auto and recreation vehicle sales and lease lots, gas and oil service stations. Ordinance on final reading approving South Arapahoe Sanitation District's Supplement t30 to annex approxi-mately 4.810 acres. Ordinance on final reading approving a utility reloca- tion 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. Ordinance on final reading approving the authorization of 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. Ordinance on final reading approving an agreement which will establish the responsibilities for the City of Englewood and the Housing Authority. Ordinance on final reading approving an agreement between the City of Englewood and the Englewood Hous- ing Authority to allow for the transfer of a $50,000 • I • • • October 7, 1985 Page 11 • • • Housing Development Grant for housing rehabilitation from the Colorado Division of Housing. MAYOR PRO TEM BRADSHAW MOVED TO APPROVE CONSENT AGENDA ITEMS 9(A)-9(M) WITH THE EXCEPTION OF 9(H) FOR WHICH ACTION WAS PREVIOUSLY TAKEN. Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Van Dyke, Vobejda, Bilo, Bradshaw, Otis. None. Council Members Higday, Weist. The Mayor declared the motion carried. Consent Agenda items were numbered as follows: 9(i) was numbered Ordinance No. 57; 9(j) was numbered Ordinance No. 58; 9(k) was numbered Ordinance No. 59; 9(1) was numbered Ordinance No. 60; 9(m) was numbered Ord inance No. 61, all Series of 1985. • • • • • • * MAYOR PRO TEM BRADSHAW MOVED TO OPEN THE PUBLIC HEARING CONCERN- ING AN ORDINANCE ON FINAL READING AMENDING THE COMPREHENSIVE ZONING ORDI- NANCE RELATING TO PROCEDURES FOR INITIAL ZONING OF PROPERTY, REZONING AND CHANGES AND AMENDMENTS TO THE ORDINANCE; FENCES AND RETAINING WALLS; LANDSCAPE ORDINANCE; AND SIGN CODE. Council Member Van Dyke seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Van Dyke, Vobejda, Bilo, Bradshaw, Otis. None. Council Members Higday, Weist. The Mayor declared the motion carried. There were neither proponents nor opponents in the audience who wished to speak. MAYOR PRO TEM BRADSHAW MOVED TO CLOSE THE PUBLIC HEARING. Coun- cil Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Van Dyke, Vobejda, Bilo, Bradshaw, Otis. • I • - • • October 7, 1985 Page 12 Nays: Absent: • • • None. Council Members Higday, Weist. The Mayor declared the motion carried. ORDINANCE NO . 62 SERIES OF 1985 BY AUTHORITY COUNCIL BILL NO . 63 INTRODUCED BY COUNCIL MEMBER VOBEJDA AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, SECTION 16.2, ADMINISTRATION OF THE ORDINANCE ; SECTION 16 .3, PROCEDURES FOR INITIAL ZONING OF PROPERTY , REZONING , AND CHANGES AND AMENDMENTS TO THE ORDI- NANCE; SECTION 16 .4-17, FENCES AND RETAINING WALLS; SECTION 16.14-18, LANDSCAPE ORDINANCE; AND SECTION 16.4-19 , SIGN CODE. COUNCIL MEMBER VOBEJDA MOVED TO PASS COUNCIL BILL NO. 63, SERIES OF 1985, ON FINAL READING . Mayor Pro Tern Bradshaw seconded the motion. Upon a call of the roll , the vote resulted as follows : Ayes: Nays: Absent: Council Members Van Dyke , Vobejda, Bilo , Bradshaw, Otis. None . Council Members Higday, Weist . The Mayor declared the motion carried. ORDINANCE NO. SER I ES OF 1985 * * * * BY AUTHORITY A BILL FOR * * * COUNCIL BILL NO. 72 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING THE COST OF CONSTRUCTION AND REPAIR OF SIDEWALKS, CURBS, AND GUTTERS IN THE CITY OF ENGLEWOOD AND CONFIRMING THE APPORTION- MENT AND ASSESSMENT OF SAID COSTS TO EACH LOT OR TRACT OF PROPERTY FRONT- ING UPON THE SAME AND PRESCRIBING THE MANNER OF COLLECTION AND PAYMENT OF SAID ASSESSMENT. • I • - • October 7, 1985 Page 13 • • • MAYOR PRO TEM BRADSHAW MOVED TO PASS COUNCIL BILL NO. 72, SERIES OF 1985, ON FIRST READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent: Council Members Van Dyke, Vobejda, Bilo, Bradshaw, Otis. No ne. Council Members Higday, Weist. The Mayor declared the motion carried. RESOLUTION NO. 36 SERIES OF 1985 * * * * * * * A RESOLUTION AGREEING TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS TO FINANCE A PROJECT FOR THE 3B MANAGEMENT COMPANY, A GENERAL PARTNERSHIP. MAYOR PRO TEM BRADSHAW MOVED TO PASS RESOLUTION NO. 36, SERIES OF 1985 CONDITIONAL UPON RECEIPT OF CONTRACT. Council Member Vobejda seconded the motion . Upon a call of the roll, the vote resulted as fol-lows: Ayes: Nays: Absent: Council Members Van Dyke, Vobejda, Bilo, Bradshaw, Otis. None. Council Members Higday , Weist. The Mayor declared the motion carried. * * * * * * * MAYOR PROTEM BRADSHAW MOVED TO BRING FORWARD AGENDA ITEM ll(G), A RECOMMENDATION FROM THE FIRE DEPARTMENT TO APPROVE AN AWARD OF BID FOR PHASE I OF THE REPAVING PROJECT AT THE SOUTH METRO FIRE TRAINING ACADEMY. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Van Dyke, Vobejda, Bilo, Bradshaw, Otis. Nays: None. Absent: Council Members Higday, Weist. • I • • - • October 7, 1985 Page 14 • • • The Mayor declared the motion carried. Fire Chief Broman presented the recommendation to award the bid to the low bidder, R.K.E. Enterprises. COUNCIL MEMBER VOBEJDA MOVED TO AWARD THE CONTRACT FOR PHASE I OF A REPAVING PROJECT AT THE SOUTH METRO FIRE TRAINING ACADEMY TO R.K.E. ENTERPRISES FOR AN AMOUNT NOT TO EXCEED $36,903. Mayor Pro Tern Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Nays: Absent: Council Members Van Dyke, Vobejda, Bilo, Bradshaw, Otis. None. Council Members Higday, Weist. The Mayor declared the motion carried. RESOLUTION NO. 37 SERIES OF 1985 * * * * * * * A RESOLUTION AMENDING STANDARDS FOR THE ELIGIBILITY OF PERSONS WHO APPLY FOR DEFERRAL OF PAYMENT OF SPECIAL ASSESSMENTS AGAINST THEIR PROPERTY OCCUPIED AS THEIR RESIDENCE PURSUANT TO ENGLEWOOD MUNICIPAL CODE AND PROVIDING A MECHANISM OF REVISION OF SUCH STANDARDS. MAYOR PROTEM BRADSHAW MOVED TO PASS RESOLUTION NO. 37, SERIES OF 1985 . Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Van Dyke, Vobejda, Bilo, Bradshaw, Otis. None. Council Members Higday, Weist. The Mayor declared the motion carried. * * * * * * * City Attorney Olsen noted corrections in the following council bill (Council Bill No. 69, Series of 1985). In Section 1, under 8-2E-5: B. in the section sentence, change "sections" to "section"~ change • I • • • October 7, 1985 Page 15 • • • "77. 302 (L)" to "77. 302 (1) "; and strike "and 77.802 (L)." In Section 1, under 8-2E-5: B. 2. strike "OF" and insert "COMMENCING AT;" and insert "ENDING AT" between "AND" and "6:00 A.M." ORDINANCE NO. SERIES OF 1985 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 69 INTRODUCED BY COUNCIL MEMBER VOBEJDA AN ORDINANCE AMENDING TITLE 8, CHAPTER 2E, SECTION 5 OF THE 1985 ENGLE- WOOD MUNICIPAL CODE, AS AMENDED, TO PROHIBIT THE USE OF DARTMOUTH, OX- FORD, QUINCY AND BELLEVIEW AS ROUTES FOR VEHICLES TRANSPORTING EXPLOSIVES AND BLASTING AGENTS, HAZARDOUS CHEMICALS, OR OTHER DANGEROUS ARTICLES, AND RESTRICTING HOURS ON U.S. HIGHWAY 285. COUNCIL MEMBER VOBEJDA MOVED TO PASS COUNCIL BILL NO. 69, SERIES OF 1985, ON FIRST READING. Mayor Pro Tern Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Van Dyke, Vobejda, Bile, Bradshaw, Otis. None. Council Members Higday, Weist. The Mayor declared the motion carried • * • • • • • • City Manager McCown presented a recommendation from the Finance Depa rtment to approve the award of bid for the City's annual financial report for the years 1985, 1986, and 1987. MAYOR PRO TEM BRADSHAW MOVED TO APPROVE THE AWARD OF BID AND ACCEPTANCE OF AN AGREEMENT WITH THE ACCOUNTING FIRM OF PRICE WATERHOUSE AS THE CITY'S AUDITOR FOR THE YEARS 1985, 1986, AND 1987, FOR AN AMOUNT NOT TO EXCEED $96,000. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Van Dyke, Vobejda, Bile, Bradshaw, Otis. None. Council Members Higday, Weist. • I • • - • October 7, 1985 Page 16 • • • The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1985 * * * * BY AUTHORITY A BILL FOR * * * COUNCIL BILL NO. 74 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESS- ED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO, FOR THE YEAR 1986 AND ESTABLISHING A MILL LEVY FOR THE ENGLE- WOOD, COLORADO, DOWNTOWN DEVELOPMENT AUTHORITY. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 74, SERIES OF 1985, ON FIRST READING. Council Member Van Dyke seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Van Dyke, Vobejda, Bilo, Bradshaw, Otis . None. Council Members Higday, Weist. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1985 * * BY A * * AUTHORITY BILL FOR * * * COUNCIL BILL NO. 73 INTRODUCED BY COUNCIL MEMBER VAN DYKE AN ORDINANCE APPROVING TRAILS CONTRACT AMENDMENT BETWEEN THE CITY OF ENGLEWOOD AND THE STATE OF COLORADO ACTING BY AND THROUGH THE DEPARTMENT OF NATURAL RESOURCES FOR THE USE AND BENEFIT OF THE DIVISION OF PARKS AND OUTDOOR RECREATION TO CONTINUE THE GREENWAY TRAIL SYSTEM. COUNCIL MEMBER VAN DYKE MOVED TO PASS COUNCIL BILL NO. 73, SERIES OF 1985, ON FIRST READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • • October 7, 1985 Page 17 Ayes: Nays: Absent: • • • Council Members Van Dyke, Vobejda, Bilo, Bradshaw, Otis. None. Council Members Higday, Weist. The Mayor declared the motion carried. * * * * * * * Mayor Otis stated he would be forwarding his recommendations for Planning and Zoning Commission appointments to the Council in the near future. * * * * * * * Mayor Otis appointed Betty Keena, 4801 South Kalamath, to fill the citizen vacancy on the Urban Renewal Authority created by Council Member Van Dyke moving from citizen-appointee to Council-appointee. * * * * * * * There being no further business, COUNCIL MEMBER BILO MOVED TO ADJOURN. Mayor Otis adjourned without a vote at 9:05 p.m. Q ~;;tLuL £ Caui'V(y ~puty City Clerk • I • • ( • • • PllOCLAIIATIOII WHEREAS, the Englewood Business and Professional Women's Club strives to elevate the standards for women in business and in their professions, as well as to promote the interests of business and professional women: and WHEREAS, the Club strives to bring about a spirit of cooperation among business and professional women of the United States and extends opportunities to business and professional women through education along the lines of industrial, scientific, and vocational activities: and WHEREAS, working women of the United states comprise 41' of the employed population of this country, and they contribute substantially to a sound working structure of our nation; and WHEREAS, it is the desire of this Council to honor America's working women who are devoting their time, talents, and energy to assist other women achieve the recognition and respect they deserve in the business world. MOW, TBERaFOilB, I, EOG!IIB L. OTIS, llayor of the City of !Dglevoo4, Colora4o, do hereby proclaim the week of October 20 - 26, 1985, as MATIOIIAL BOSIIIESS WOMEII'S WEB~ in the City of Englewood, Colorado, and urge all citizens to join in the observance by giving their support to this Club, its members, and the working women of this community, not only during this week, but through the weeks that follow. GIVEII under my and and official seal this 7th day of october, 1985. iiayor I • • -• • • P R 0 C L A M A T I 0 R WHEREAS, during the Vietnam conflict, more than eight million young Americans served this nation with honor and in keeping with the military traditions of the Armed Forces of the United states; and WHEREAS, the nation wishes to recognize its citizens who served in combat during this conflict; and WHEREAS, the United Veterans Service Organizations are sponsoring a "Welcome Home Salute," event to honor Vietnam Veterans with reunion activities and a parade in Fort Collins, Colorado, November 9 through 11, 1985; and WHEREAS, this event honors and recognizes the young men and women who served their nation in this conflict and Vietnam Veterans residing in Colorado have been invited to participate in this observance. ROW, THEREFORE, I, EUGENE L. OTIS, Mayor, of Englewood, Colorado, do hereby proclaim the week of November 4 through 11, 1985, as WELCOME HOME VIETNAM VETERANS WEEK in Englewood, Colorado, and commend this observance to the c i tizens of this city. GIVER under my hand and official seal this 7th day of October, 1985. I . - ( • ( • • • P R 0 C L A M A T I 0 N WHEREAS, alcoholism is the second leading causa of death in the United States; and WHEREAS, alcoholism is the number o~e public health problem in the United States, including every municipality in Colorado; and WHEREAS, the National Council on Alcoholism is established for the dissemination of information regarding this dreaded disease; and WHEREAS, the Mile High Council on Alcoholism, an NCA affiliate, is the local agency involved in the dissemination of information on alcoholism for the five-county metropolitan Denver area; and WHEREAS, the Mila High Council on Alcoholism, in conjunction with other affiliate Councils throughout Colorado and the United States, join together to bring information relative to this deadly disease to the attention of all citizens; and WHEREAS, the week of october 6 -12, 1985, has been designated Alcohol Awareness Week with the theme of "Alive Aware and Free from Alcohol and Other Drugs." MOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, do hereby declare october 6-12, 1985 , as ALCOHOL AWARENESS WEEK in the City of Englewood, Colorado. 1985. GIVEN under my hand and seal this 7th day of October, I • • -• • • AGENDA ITEM PRESENTED BY ------ ~ {)_ ::r l'-/ /ctur ~ J~~ G-rs ) l \ c_ ~ ( u l-._/ ROLL CALL Hoved Seconded Hlgday Neat Vobeida Weist Bllo Bradshaw Otls MOTION: • Ayes Nay Absent Abstain I . . n • - • • AGENDA ITEM 1& t_jl (-@.. PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain HIQClay L-- Neal v Vobe1da 1.--- Wei st l-- Bllo 1.---' Bradshaw t--- Otis ~ MOTION: • I • • • • .. • AG ENDA ITEM PRESENTED BY -------- RO LL CAL L Moved Seconded Abstain Hlgday Neal / Vobe;da 7 Weist y Bllo / v Bradshaw / Otis / MOTION : I • • • • • • AGEN DA ITEM -----PRESENTED BY -------- ROLL CALL Moved Seconded Abstain Hlgoay Neal / v Vobe i da / Weist ~ Bllo / Bradshaw / Otis 1/ MOTION: I • {( :J f LO.~ • • • • • AGEN DA ITEM PRESENTED BY -------- ROLL CALL Hoved Seconded Ayes Nay Absent Abstain Hlgday Neal / Vobe i da / Wei s t -- v---Bl lo / /,/' Bradshaw / Ot is / MOTION : I • • • - I • -----AGENDA ITEM :b t{L Moved Seconded Hlqdav Neal Vobeida Weist v Bilo 1/ Bradshaw Otis MOTION: { 'J • • • PRESENTED BY -------- ROLL CALL Ayes Nay Absent AbstaIn / :/ - / / I I I • • • • • AGENDA ITEM PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgaay ;--Neal / Vobeida I Weist -v Bllo / Bradshaw / Otis I MOTION : I • • • • • • AGEN DA ITEM PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain IITQifav / v Neal / Vobeida 1/ WiT st -Rllo / v Bradshaw / Ot i s 1/ MOTION: ()_J J(. (/ I • • • • • AGENDA ITEM __ (o_b __ _ PRESENTED BY -------- ROLL CALL Hoved Seconded Ayes Nay Absent Abstain Hlgday Neal Vobeida Weist Bllo Bradshaw Otis MOTION: I • • • • • • .. • AGENDA ITEM PRESENTED BY --------.( l r\ 7J<-.. '-[{ { {? j - 1 v (__ ,A (.<--Q,.-_.. 1 /, ROLL CALL Moved Seconded Ayes Nay Absent Abstain (...--' Hlgday 7 Neal / Vobe1da 17 Weist Bile / /./ Bradshaw / Otis 7 MOTION : I • • • • • • AGENDA ITEM -----PRESENTED BY -------- ROLL CALL Hoved Seconded Ayes Nay Absent Abstain Hlg<lay Neal / Vobeida v Weist -Bllo / v Bradshaw / Otis i / I • • -:?_y . -cJ(_____ MOTION: , ~ r-Jh I D-z g 7.' ~0 • • • • • AGENDA ITEM P~SEmEDBY __________ __ ~ (; / t ~ Y) jC _A1 '¥\ f'c L ;flAy-.,._> ........ ( l _)({ u l. 1&. J • 1 tJ't). 'YV vo /)l ~L~Ua<!"J:1 J (J-u .. n (!;J_0-~Lu ~i J'}vn · t3 [/ ti/F ('fu v~ ,-'-r?c (tu u--' ~~ Li . .t e-<. L • tf. ( _ _).~ cJ ox . (; ! ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday Neal Vobe i da We is t Bllo Bradshaw Ot is MOTION : I . . • • • • • AGENDA ITEM ~~~7 __ _ PRESENTED BY ------ Yfuf...Jiu> f on,__l "t (a< ~: Z { /j /~Lt i1 t: (_(_ 71- -~~l--?c M~ 7j-j)A-(f ' L~C0-u 1J. ~ v1J -t /! "~ t 1 ; --\Q I'L--< t~J /2' £ ~ /)l "-~ /3-t. a.d..u -_!::;;::::.;,;;;~-c~~ -J ~''){_~<.__-/ -/ D ~j'-.h--"/) ~.-Uc.l, {) cJ , ----J -~a ~ .~r--cU-LL '1:-tl.--~ ~ £.<.)I I Dc-J- 3 5 ~--> cU d. 'LV e-. / ~ $-CUI_ L ~7..~~ . ./2 ~-.-<.-< ~ u...t!d_ e-~ ;, /fl../a.)J I ' • -a 1 -uJfYJ ~Y>J..;,__ )'--c;.'v ' ·-,I ~ -~ 1-..A->--( (T c_ t_l < t X&.f , ((h lt .. IJ .> Ol CAll ~ . <1 x..Q__ -::&~ to t . Moved Seconded Ayes Nay Absent Abstain Hlqday . Ileal - Vobeida __we-~-rt Bllo ----. Bradshaw r-Otis I • • • • • • • AGEN DA I T EM -----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain v Hlgday I Neal / vobeida I Weist Bllo 7 ............ Br adshaw / Otis I MOTION: 1 'i~ I • • • • • AGEN OA >TEM ~~ Moved v MOTION: Seconded Hlgday NeaT Vobeida Weist Bllo v Bradshaw Otis ~D I (9 • • • PRESENTED BY --------- ROLL CALL Ayes Nay Absent Abstain I f - / I I • • • • • • AGEND A I TEM PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain H gc:lay / Neal / ............ Vobeida 7 Wei st -Bllo 7 1./ Bradshaw / Otis 7 MOTION: I . • • • • • AGENDA ITEM __ 1-'--·--PRESENTED BY ------- I I c_ ROLL CALL Moved Seconded Ayes Nay Absent Abstain ..... Hlgday Neal / Vobeida / Weist -v IH lo / Bradshaw / Otis / I • • MOTION: 6' u'l<tc I I c • • • • • AG ENDA I TEM 1/e--PRESENTED BY ------- ft ( Y.ao L<h '}JUl"' ,J~ () o_ L~ 1J / j , /, f..-~ I I-6 -g ~- ._ N U'tll -\;X<--r ~J a L -"'-/ tl ' ? 0 I /_ ~ h ./!'1 ,t_, ;z Lu .. <.f_..., l) k 1Ll<-{Q1 )\ r {O J-.W L /l) tL d /.A_, 1 ROLL CALL Hoved Seconded Ayes Nay Absent Abstain ...!!.!...!l." Nea...!. VobEU.da We...!_st L ...l!Jlo v Bradshaw Otis ??......._. > E>'? • • I • • • • • AGEN DA ITEM ---- PRESENTED BY ------- '? (',-y c• < ( 1 } /t. ~ tr -(I u-'\U<h - .__../ Z c l.L ? t< .,: 0'---" J / C'~ ROLL CALL Moved Seconded Ayes Nay Absent Abstain ""'- L Hlgday _L Neal / VObtlda IL W~st -Bllo / ,..-Bradshaw / Ot is / MOTION : I cl '!.JI? s t J (1\)~ L ; ~f.. /) J\._..__ } I ( c -.!1-.-f )72J • <~ 7'-1 ct-4 c.- zt yo c ( )'1'--]2.-t(Y /./u ~ c...) C-4'! "-(/ I u -> . !?/ ":J-0 7 /A." );}_ ~ J~ -'---~1/J/ / ('-7-f::j • • • • • AGENDA ITEM -----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday L Neal L Vo b EU_d a / Weist Bi lo / Bradshaw L Otis 1/ MOTION: I • • • • • • • AGEN DA ITEM ~ PRESENTED BY -------- ROLL CALL Moved Secon~ Ayes Nay Absent Abstain v Hlgaav / l~l lr. f\,.J, 0 / vobeida <J / Wei s t -- / Bl lo / [/ Bradshaw / Ot i s v MOTION: _/-. ) /"1 L · ?v "--( I • • - • • • • • AGE NDA ITEM PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgoay "-+ ]Jo.N-.~ / / VobeJda u / Wei s t - Bllo / l Bradshaw / Otis MCYI'ION: & c c_, J I~ ( I./ I • • • • • • - AGEN DA ITEM PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday . t. _ilee+-1fl2AL 't.k-v~ / (./ Vobeida u / Weist --Bllo / Bradshaw / Otis / MOTION: I • • • • • • - AGENDA ITEM PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain 111gaay -v N&a+ lfr..c..-LLA / Vobeida u / ...,.... Weist -Bllo / t;-Bradshaw / Otis MOTioN: (i (' c:( 0 I . ~ J iff\( I~ . / I • • • • - • • PRESENTED BY ------- ROLL CALL Hove d Seconded Ayes Nay Absent Abstain ..!!.~i!.L -Nee-~ L ..!:::.. vobtU_da ..::. L We_!st -~lo ...!:::. Bradshaw L Otis L MOTION: )I I • • • • • - AGEN DA ITEM PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday -../' NeiH 71~ .. -f b. / Vobei da 0 7 Weist - Bllo / v Bradshaw / Ot i s 7 M<>nON< (. J < ~~ I • • • • • AGENDA ITEM PRESENTED BY ROLL CALL MOTION: I • - • • AGENDA ITEM -----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday --~ 7fll. ~ / v Vobe1da " / Wei s t --Bllo v Bradshaw / Otis MOTION: I • • • • • .. • AG ENDA ITEM I I/,(__ PRESENTED BY /h e {~·L{/)c__ RO LL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday -. NH1 lriUJ. 1~ / Vobeida I /' Weist - Bllo / v Bradshaw / Otis , I • • MOTION: ~ 6 -If 1 2_ ~,/, //--L • • - • - AGENDA ITEM ;!_b PRESENTED BY ------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday -Neat-Y 4Ao.. ·n .h.-/ v Vo beida 0 / Wei s t -Bi lo / /-"' Bradshaw / Oti s I/ I • • MOTION _ J j 'C:J v c .Jf-3 Cr • • • ,. - AGENDA I TEM .L./---L./ ___ _ PRESENTED BY -------- "OL L CALL Moved Seconded Abstain Hlgday -~ l.ifu~~.. ll.uh / Vobe1da " / Weist --Bllo / v Bradshaw / Otis 1/ I • • • • • AGEN DA 'TEM ~ PRESENTED BY ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday -Ne'311Ju.. l..l..ud:>L / t ' Vo beida u / Weist -Bi lo ,,.,...-Bradshaw / Otis [/ I • • MOriON: Q,t_ I (1. z ') • • • .. - AGENDA ITEM I !d... . ROLL CALL Hoved Seconded Ayes Nay Absent Abstain Htgoay .~1!4M..~ / v Vobe i da () ,/ Weist - BJ lo / v Bradshaw / Otis I • • • • • - AGENDA ITEM )!c--PRESENTED B ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlqdav ~ 7{,, 1.\. .h / 1/ vobe 1da 0 / Wei s t -Bllo / 1/ Bradshaw / Otis / I • • • • • • AG ENDA ITEM ~ PRESENTED BY ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlqday .Hewt-1!1. ... ~~ / -A.- Vobe1da u [/ Weist -/ Bllo / I Bradshaw / Otis v MOTIO N I • ,,_ • • - • • AGENDA ITEM ~~-~ PRESENTED BY ROLL CALL Moved Seconded Ayes Nay Absent AbstaIn Hlgday _. .Jiee+ 1111 ... IJ.;Ii Vobeida -a' 7 Weist -v--Bllo 7 Bradshaw / Otis v I • • • • • • - AGENDA 'TEM ~ '"'""''" ~Zt ""-=--- ROLL CALL Hoved Seconded Ayes Nay Absent Abstain HlgOay y -Nee+-]fa... ..{)~jg Vobe1da q Weist J/ Bllo Bradshaw Otis I • • • • • • - AGENDA IT ~ ~ PRESENTED BY ----- ROLL CALL Moved Seconded Ayes Nay Abs t en Ab stain Hlgdav p Neal 1/i, f.l.tdi. Vobe;da (J Weist Bilo Bradshaw Otis I . • MOTION: ·-c:q_ • • • - I . . • • • • SPECIAL MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado September 9, 1985 The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on September 9, 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, 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 Director of Community Develop-ment (Planning) D. Romans Deputy City Clerk Owen * * * * * * * MAYOR PRO TEM BRADSHAW MOVED TO OPEN THE PUBLIC HEARING TO CON- SIDER AN ORDINANCE ON FINAL READING PROPOSING AMENDMENTS TO THE COMPRE- HENSIVE ZONING ORDINANCE RELAT IVE TO AUTO AND RECREATION VEHICLES SALES AND LEASE LOTS, GAS AND OIL SERVICE STATIONS. Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Absent: Council Members Higday, Vobejda, Bilo, Bradshaw, Otis. None. Council Member Weist, One position vacant. The Mayor declared the motion carried • • I • • Sep t e mb e r 9, 198 5 P ag e 2 • • .. Assistant Director of Community Development (Planning) Dorothy Romans presented the proposed amendments pertaining to the B-2 zone dis- trict commercial area. Mayor Otis asked for comments from the audience. Bob Bahne, home address of 2662 South Kearney/business address of 4550 South Broadway (Valley Motors) came forward. Mr. Bahne opposed the amendments and stated the amendments discriminated against his type of business. Mr. Bahne entered into the record a petition signed by o t her protestants and a letter from Richard L. Leisy of Englewood Motors, Inc. 4955 South Broadway also protesting the amendments. Larry Corwin, home address of 7502 East Mansfield, Denver/busi- ness address of 2700 South Broadway (Credit Motors), came forward. Mr. Corwin opposed the amendments because he would be required to give up space normally used to display cars for s a le. Jon C. Cook, home address of 7673 Sourdough Drive, business address of 3150-3232 South Broadway, came forward. opposed the amendments because he would be requ i red to give footage for landscaping. Morr i son /- Mr. Cook up too much Richard Funk, home address 6 Belleview Wa y /business address 37 l South Broadway (Richard Motors) came forward. Mr. Funk opposed the amendments on the basis that it would cost him $66,000+ to comply with t he amendments. He could not afford th i s expense. John Comer, 3587 South Hudson, Denver, came forward. Mr. Comer s t ated he was the attorney representing i ndependent auto dealers. Mr. Com e r opposed the amendments and a rgued that making the lots a condi- ti onal use was den i al of equ a l rights under t h e law and confiscat i on of p r ope rty. Bruce Cai rns, bus i n e ss addr es s 473 2 So uth Broa d wa y, came fo r- wa r d. Mr . Cair n s opposed the ame n dments and p resented his cursory study on what the e n vironmental impact would be. J o e Cocchiarilla, business address 5020 South Broadway (Colorado Car Country), came forward. Mr. Cocchiarilla opposed the amendments and stated he would lose his business if he had to turn his front line dis- play space i n t o landscapi n g. Lloyd Chavez , h om e a d dress 3 906 S outh Pin eh u rst C i rcle , Denver , business addre s s (Burt on Br o adway), came forward . Mr . Chavez opp osed the amen d ments on the basis of the e x pe n se of la n dscapi n g a n d that it d id not appear t o him that othe r businesses alo n g So uth Broad way have b een ordered by the City to comply with the landscaping ordinance . ~e • I • • September 9, 1985 Page 3 • • • Jim Bahne, home address 6649 South Helena Street/business ad- dress of 4550 South Broadway (Valley Motors), came forward. Mr. Bahne compared the City's logo to his perception of the subject situat i on and inferred that the protestant petition was an unders t and i ng of the im- perfect "E" (the City's logo), Larry Corwin, came forward again and further protested on the basis of discrimination. Lloyd Chavez, came forward again and offered further comments opposing the amendments. Tom Garlic, 4808 South Broadway, came forward. Mr. Garlic pro- tested on the basis that he would have problems with if required to make a driveway cut. Mr. Garlic asked Council to work on enforcing current codes, not issue new ones. J on Cook, who spoke earlier, came forward and protested that the amendments would reduce his capability to make a living. An unidentified member of the audience stood up and stated the ord i nance wo u ld limit the number of cars on a lot and he resented the C ity tak i ng away this property. There were no further comments. MAYOR PRO TEM BRADSHAW MOVED TO CLOSE THE PUBLIC HEARING. Coun- c i l Memb e r Hi gday seconded the mot i on. Upon a call of the roll, the vote resulted as follows: Ay es: Nay s: Absent: Council Members Hi gday, Vobejda, Bilo, Bradshaw, Ot i s. None . Council Member Weist , One p ositi o n vacant . The Mayor declared the mot i on carried . Mayor Otis stated because of the extensive protests reg istered at th i s hearing Council would delay consideration of the ordinance until the Council meeting on September 16th at 7:30 p .m. * * * * * * * MAYOR PRO TEM BRADSHAW MOVED TO RECEI VE THE 19 8 6 PROPOS ED BUD GET AND TO SET THE BUDGET PUBLIC HEARING FOR MONDA Y, SE P TE MB ER 2 3 , 1 98 5 , AT 7:30 P .M. Council Member Higday second ed the motion . Upo n a call o f the roll, the vote resulted as follows: • I • • • September 9, 1985 Page 4 Ayes: Nays: Absent: • • • Council Members Higday, Vobejda, Bilo, Bradshaw, Otis. None. Council Member Weist, One position vacant. The Mayor declared the motion carried • • • • • • • • There being no further business, COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting at 9:25 p.m. I • • SPECIAL MEETING: • • . . .. COUNCIL CHAMBERS City of Englewood, Colorado September 9, 1985 The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on September 9, 1985, at 9:26 p.m. Mayor Otis, presiding, called the meeting to order. The invocation and pledge were waived since both were given at the preceding meeting that convened at 7:30 p.m. on this date. 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 vacan t . The Mayor declared a quorum present. * * * * * * * Also present were: City Manager McCown City Attorney Olsen ORDINANCE NO. SERIES OF 1985 * * * Assistant Director of Community Develop- ment (Planning) D. Romans Deputy City Clerk Owen * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 66 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING ORDINANCE NO. 33 , SERIES OF 1985, BY AMENDING SECTION 2(c) OF THE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD URBAN RENEWAL AUTHORITY ADOPTED THEREBY, AND DECLARING AN EMERGENCY. MAYOR PRO TEM BRADSHAW MOVED TO PASS COUNCIL BILL NO. 66, SERIES OF 1985, ON FIRST READING. Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Vobejda, Bilo, Bradshaw, Otis. • I • - • September 9, 1985 Page 2 Nays: Absent: • • • None. Council Member Weist, One position vacant. The Mayor declared the motion carried. * * * * * * * There being no further business, COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting at 9:30 p.m. I . • SPECIAL MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado September 10, 1985 The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on September 10, 1985, at 5:30 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, 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 ORDINANCE NO. 55 SERIES OF 1985 • • • Assistant City Manager for Economic Development Powers Deputy City Clerk Owen • • • * BY AUTHORITY COUNCIL BILL NO. 66 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING ORDINANCE NO. 33 , SERIES OF 1985, BY AMENDING SECTION 2(c) OF THE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD URBAN RENEWAL AUTHORITY ADOPTED THEREBY, AND DECLARING AN EMERGENCY. MAYOR PRO TEM BRADSHAW MOVED TO PASS COUNCIL BILL NO. 66, SERIES OF 1985, ON SECOND READING. Council Member Vobejd a seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Memb ers Higday, Vobejda, Bilo, Bradshaw, Otis. I • • - • September 10, 1985 Page 2 Nays: Absent: None. • • • Council Member Weist, One position vacant. The Mayor declared the motion carried. * * * * * * * There being no further business, COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting at 5:35 p.m. • 'I 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 • • Sep te mb e r 16, 1985 Pag e 2 • • • Th e Mayor declared the motion carried. * * * * * * * MAYOR PRO TEM BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REG U- 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 "in i tiate" to "study." On page 9, adding to Council Member Higday's mot i on after the word "BUDGET" the following "A ND 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: Absen t : Council Members Higday, Vobejda, We i st, Bilo, Bradshaw, Ot i s. Non e . One pos i tion vacan t . The Ma yor 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 Ot i s and members o f 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 ~otion 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 130 to annex approximately 4.810 acres. (Council Bill No. 64, Series of 1985) COUNCIL MEMBER BILO MOVED TO PASS CONSENT AGENDA ITEMS lO(A)- (F). 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. 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 ORDINANCE 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/OR 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 P age 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, 198 5 P age 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 AMEN::>ING 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, Weist, Bi1 o, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1985 * * * * BY AUTHORITY A BILL P'OR * • * * COUNCIL BILL NO. 70 INTRODUCED BY COUNCIL MEMBER BILO ., I • • • • • • S e ptember 16, 1985 Pag e 8 AN AGREEME NT ESTABLISHING RESPONSIBILITIES BETWEEN THE CITY OF ENGLEWOOD AND THE ENG LEWOOD 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 ca l l of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Van Dyke, Vobejda, We i s t , Silo, Bradshaw, Otis. None. The Mayor declared the motion carried. OR DINANCE NO. SERIES OF 1985 * * * * BY AUTHORITY A BILL FOR * * * COUNCIL BILL NO. 68 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING AU 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 AVEtWE. MAYOR PRO TEM BRADSHAW MOVED TO PASS COUNCIL BILL NO. 68, SERIES OF 1985, ON FIRST READING. Council Member We i st seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Na y s: Council Members Higday, Van Dyke, Vobejda, We i st, Bi lo, Bradshaw, Otis. Non e . The Ma yo r d ecla red the mo ti on ca rr i ed. Co uncil Member Bil o as ked the s taff to inves ti gate if there were o ther a r eas o f t he City's s t ree t s wh ich have been damaged by RTD and require re pair . * * * * * * * BY AUTHOR I TY ORDI NAN CE NO. COUtiCIL BILL NO. 65 • I • • n • 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 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 • • • • • • • • City Manager McCown notified Council that the firm of LHS Dril- ling, Inc, recently awarded the contract for casson work at Belleview Park,withdrew from the project. Hr. 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 DECLARING THE 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 LEY DON CASE. Council Member Weist seconded the motion. Upon a call of t h e 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 Pag e 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 Zoning Commission who has been absent from several commis- sion meetings. * * * * * * * Council Member Vobejda resigned from the ORA so that the new Council Member could continue to serve on the board. Mayor Otis appointed Susan Van Dyke as Council-appointee to the URA 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 • - • SPECIAL MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado September 23, 1985 The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on September 23, 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, Van Dyke, Vobejda, Weist, Silo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. * * * * * * * Also present were: City Manager McCown * * Assistant City Manager Vargas City Attorney Olsen Elesa Mason, City Clerks's Office * * * * * Mayor Otis stated the first item on the agenda was a public hearing to consider the 1986 General Revenue Sharing Fund. COUNCIL MEMBER WEIST MOVED TO OPEN THE PUBLIC HEARING ON THE 1986 GENERAL REVENUE SHARING FUND. Council Member Silo 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 • • September 23, 1985 Page 2 • • .. Pete Vargas, Assistant City Manager, presented the proposed budget for the 1986 General Revenue Sharing Fund. Mr. Vargas stated the City anticipated receiving $625,968 in 1986, all of which was earmarked for the Police and Fire Departments. Mr. Vargas stated recent discus- sions at the federal level indicate future monies would be discontinued and he suspected that next year would be the final year of availability. Mayor Otis asked if there was anyone in the audience wishing to speak to Council on the proposed 1986 General Revenue Sharing Fund. There were no further comments. COUNCIL MEMBER HIGDAY MOVED TO CLOSE THE PUBLIC HEARING. Coun- cil 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 BILO MOVED TO OPEN THE PUBLIC HEARING CONCERNING 1986 PROPOSED BUDGET. Council Member 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. Pete Vargas, Assistant City Manager, presented the 1986 proposed budget. Mr. Vargas stated staff was presenting a prudent and balanced budget for 1986 that called for an increase in green fees at the golf course only. No increases in mill levy, water and sewer rates, or tap fees were being proposed. Mr. Vargas, without mentioning specific dollar amounts, stated requests for aid to other agencies were from the Fall Festival Committee, Arapahoe House, Hospice of Metro Denver, Inc., and the Englewood Jaycees. Mayor Otis asked if there was anyone in the audience wishing to speak to Council regarding the 1986 proposed budget • • I • • • September 23, 1985 Page 3 • • Ken Leiber, President Englewood Jaycees, referred to his letter requesting financial assistance for 1986. Mr. Leiber noted the revenues for 1985 were $5,670 of which $4,750 were gate receipts from the fire- works show. The expenses were $6,520. Mr. Lieber asked for considera- tion enough so that the Jaycees would not have to charge an admission fee in 1986 for the fireworks show, yet meet their expenses. Mayor Pro Tern Bradshaw expressed appreciation for the timeliness of the Jaycees request for aid. There were no further comments. MAYOR PRO TEM BRADSHAW MOVED TO CLOSE THE PUBLIC HEARING. Coun- cil 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. * * * * * * * There was no further discussion which is prohibited by special meeting status. COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Council member Van Dyke seconded the motion. Mayor Otis adjourned the meeting without a vote at 7:50 p.m. These minutes were recorded by Elesa Mason of the Finance De- partment and edited by Janice Owen, Deputy City Clerk, who listened to the taped proceedings. • I • • • MEETING: • • • CXXJtCIL OW1BERS City of Englewood, Colorado September 23, 1985 City Council of the City of Engl Colorado, t in special session on Septemer , Arapahoe COunty, , 1985, at 7:30 p.m. 'ftle inv ation was given by Co of allegiance was ed by Mayor otis. '1he pledge Absent: hearing mot i on. Ayes: Nays: * upon a call of the roll, the * * * * City Manager l't:.'Cown sistant City Manager Vargas ·ty Attorney Olsen EI sa Mason, City Clerks's Office * * * * item on the agenda is a public Revenue Sharing Fund. OPEN mE PUBLIC HEARING <:11 'mE il Herrber Bilo seconded the resulted as follows: Council Herrbers Higday, an Dyke, Vobejda, weist, Bilo, Bradshaw, ot i s. None. the motion carried. • ·~ I I • • • September 23, 1985 Page 2 • • - Pete Vargas, Assistant City Manager presented the proposed General Revenue Sharing Fund. Mayor Otis asked if there was anyone in the audience wishing to speak to Council on the proposed 1986 General Revenue Sharing Fund. There were no further comments. OOCJrCIL Pm1BER HICDAY I'OJID 'ro CLOSE 'nfE PUBLIC HFARING. Council Her!Oer Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Malilers Higday, Van Dyke, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * OOCJrCIL Pm1BER BILO I'OJID 'ro OPEN 'nfE PUBLIC HEARING CX>OCERNING 1986 PROPOSID BUDGET. Council Herriler Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Malilers Higday, Van Dyke, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Pete Vargas, Assistant City Manager presented the proposed 1986 City of Englewood Budget. He stated letters of request for aid to other agencies had been received and would be included in council's budget retreat packets. Mayor Otis asked if there was anyone in the audience wishing to speak to council regarding the proposed 1986 City of Englewood Budget. Ken Leiber, President Englewood Jaycees requested consideration of aid from the 1986 budget for the Fourth of July firework show. Mayor Pro Tem Bradshaw expressed appreciation for the timeliness of the Jaycees request for aid. There were no further comments • I • • - • September 23, 1985 Page 3 • • • MAYOR PRO TEM BRADSHAW P«J1JJD ro CLOSE '1m: PUBLIC HFARI~. Council Hanber Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council HeniJers Higday, Van Dyke, Vobejda, weist, Bilo, Bradshaw, Otis. None. 'ftle Mayor declared the motion carried. * * * * * * * 'ftlere was no further discussion which is prohibited by special meeting status. ClXJtCIL Hl!l1BER HlmAY MJVID 'If ADJOURN. Council IIII!Jib!r Van Dyke seconded the motion. Mayor otis adjourned the meeting without a vote at 7:50 p.m. Ef~n[h@V • I • • • • • • PROCLAMATION WHEREAS, the Englewood Business and Professional Women's Club strives to elevate the standards for women in business and in their professions, as well as to promote the interests of business and professional women; and WHEREAS, the Club strives to bring about a spirit of cooperation among business and professional women of the United States and extends opportunities to business and professional women through education along the lines of industrial, scientific, and vocational activities; and WHEREAS, working women of the United States comprise 41\ of the employed population of this country, and they contribute substantially to a sound working structure of our nation; and WHEREAS, it is the desire of this council to honor America's working women who are devoting their time, talents, and energy to assist other women achieve the recognition and respect they deserve in the business world. NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, do hereby proclaim the week of October 20 - 26, 1985, as RATIONAL BUSINESS WOMEN'S WEEK in the City of Englewood, Colorado, and urge all citizens to join in the observance by giving their support to this Club, its members, and the working women of this community, not only during this week, but through the weeks that follow. GIVEN under my and and official seal this 7th day of October, 1985. Mayor • I . , - • • • • Cin' Pl..A~"NING AND ZONING COH!·ll SSION ENGLEI~OOD, COLORADO I N THE MATTER OF CASE N~ffiER 25-65, ) FINDINGS OF FACT, CO NCLUSIONS A:ID ) RECOM'!£1\DATIONS RELATING TO THE ) APPLICATION TO APPROVE A P~~ED ) DE\~LOPMENT TO A CERTAIN PARCEL OF ) ~~ PURSUk~T TO SECTION 16.4-15 ) OF THE COMPREHENSIVE ZONING ORDINANCE ) OF THE CITY OF ENGLEWOOD, COLORADO ) FILED BY: Richard 0. Campbell The Chasewood Company THE DECISION OF THE CITY OF ENGLEHOOD PLANNING AND ZONING Cm!HISSION 1120 Lincoln Street, Suite 1515 Denver, CO 80203 FOR PROPERTY LOCATED AT: South Gilpin Street and East Hampden Avenue This matter came before the Cit y Plannin~ and Zcning Commission on September 17, 1985, upon the application of Richard 0. Campbell, President of the Chasewoo d Co~pany, which compa ny is under contract to purchase the property located at South Gilpin Street and East Hampden Avenue. ThoFe Members of the City Planning and Zoning Commission who were present were: Messrs. Barbre, Carson, Steel, McBrayer, Mesa, Beier and Al i en. Nessrs. Magnuson and Gourdin were absent. The applicant, Mr. Richard 0. Campbell, was present and gave testimony and e vidence to the Planning Commission. The Staff Report and testimony "'ere received by the Commission and incorporated into the Record of the Public Hearing. After considering the statements of the witnesses and reviewing the documents entered as evidence into the record of the Hearing, the Members of the City Planning and Zoning Commission made the following Findings and conclusions: FI~~INGS OF FACT 1. That the Public Hearing was initiated by the filing of an application for a Planned Development for the property located at South Gilpin Street and East Hampden Avenue. 2. That the notice of Public Hearing was given in the Enrlewood Sentinel, the official City n ewspaper, on September 4, 1985; and the property was posted for n o less than fifteen days prior to the date of the Public Hearin ~. • I . • • • .. -2- 3. That the area which was being considered is a 25.54 acre portion of the original Larwin l1ulti-Housing Corporation Subdivision Waiver as amended. 4. That the applicant is under contract to purchase the subject site. 5. That the subject site was annexed to the City in 1962 and was zoned R-3, High-Density Residence in 1967. 6. That Mr. Richard 0. Campbell, President of The Chasewood Company, testified: a. That the development will contain 632 units in 28 buildings with a mix of 60% one-bedroom units and 40% two-bedroom units. b. That the R-3 Zone District would permit 40 units per acre, but this development will have a density of 24.75 units per acre. c. That the landscaping will be in excess of Ordinance requirements. d. That off-street parking is provided in excess of Ordinance requirements. e. That the conditions stated in the Staff Report are acceptable to The Chasewood Company. 7. That Pearle Rae Kortz, Bob Tomlinson, Alyce Meanwell, Irving J. Schwayder and Doris Rothman, resident owners of condominiums in the Waterford Tower, and their lawyer, Bruce Johnson, stated their concerns about the proposed development. These concerns were: 8 . a. The effect the proposed development will have on the Waterford Condominiums. b. The proposed development's building height, landscaping and open space. c. The traffic to be generated by the proposed development and its impact on the surrounding neighborhood. d. The amount of parking to be made available to the residents of the proposed development. e. The width of East Girard Place, which they testified is inadequate to accommodate the proposed development and the existing units in the Waterford Tower, Kimberly Woods and Kimberly Village. That several neighborhood residents testified as to their concerns of: • I • • • • • -3- a. Tennis courts' not being provided within the proposed development. b. Fire access within the proposed development. c. Site drainage within the proposed development. 9. That the Staff recommended that the following 12 conditions be required for approval of the Planned Development. a. A fireflow delivery rate of 4,000 gpm at 20 psi residual main pressure be made available at the site. b. The dedication statement on the plat be reworded to eliminate reference to streets, alleys, and rights-of-way. c. A drainage plan be approved by the Department of Engineering Services. d. An OPTICOM emergency vehicle traffic control device be installed at South Gilpin Street and U. S. 285. e. Fire lanes be designated and meet the requirements of the Fire Department. f. Parking is to be prohibited on Girard unless the street is widened as required by the Engineering and Fire Departments. g. Fire hydrants be located as required by the Fire Department. h. An amenities/recreation package must be specified and included in the Plan. i. The tot lot is to be relocated to the west of South Franklin Street extended. j. Legal descriptions for all water and sewer easements must be approved. Water and sewer easements are to be labeled as such and not as utility easements. k. The Mountain Bell easement language is to be included on the Plat. 1. All ancillary service uses and subsequent changes in use are to be approved by the Director of Community Development. Uses such as, but not limited to, barber shops, beauty shops, gift shops, coffee shops and dining facilities may be permitted as ancillary services for the convenience of persons living in the development. No building permits will be issued for construction of the ancillary services building until a list of the specific uses or businesses has been submitted, and those uses are approved by the Director of Community Development. Any subsequent changes in the approved businesses shall be submitted to the Director of Community Development for approval. 10. That two additional conditions were entered into the record of the Public Hearing; those conditions were: • I • • - • • • • -4- a. A traffic study shall be prepared and submitted _by the applicant for review and approval by the City and State Department of Highways. b. Public Service will require easements, and the easement recorded in Book 3663, Page 142 must be shown on the Plan. 11. That the Marks Planned Development is consistent with the intent of the Comprehensive Plan. 12. That the proposed density is less than that previously approved by the City for plans submitted by J. J. Carey, The Larwin Corporation, Thomas Regan, and the Prowswood Company. CONCLUSIONS 1. That proper notice was given of the Public Hearing held on September 17, 1985 . 2. That Chasewood Avenue is Residence the application filed by Mr. Richard 0. Campbell, President, The Company, for property located at South Gilpin Street and East Hampden in compliance with the Planned Development and R-3, High-Density District regulations. 3. That the proposed Planned Development is consistent with the intent and purpose of the City Comprehensive Plan. 4. That the fourteen conditions recommended by the staff were incorporated into the approval of the proposed Planned Development. RECOMMENDATION Therefore, it is the recommendation of the City Planning and Zoning Commission to the Englewood City Council that the application of Mr. Richard 0. Campbell, on behalf of the Chasewood Company, for a Planned Development to construct a 632 unit apartment complex, be approved, with the following conditions: a. A fireflow delivery rate of 4,000 gpm at 20 psi residual main pressure be made available at the site. b. The dedication statement on the plat be reworded to eliminate reference to streets, alleys, and rights-of-way. c. A drainage plan be approved by the Department of Engineering Services. d. An OPTICOM emergency vehicle traffic control device be installed at South Gilpin Street and U. S. 285. e. Fire lanes be designated and meet the requirements of the Fire Department. f. Parking is to be prohibited on Girard unless the street is widened as required by the Engineering and Fire Departments. g. Fire hydrants be located as required by the Fire Department. h. An amenities/recreation package must be specified and included in the Plan . • I • • • • • • -s- i. The tot lot is to be relocated to the west of South Franklin Street extended. j. Legal descriptions for all water and sewer easements must be approved. Water and sewer easements are to be labeled as such and not as utility easements. k. The Mountain Bell easement language is to be included on the Plat. 1. All ancillary service uses and subsequent changes in use are to be approved by the Director of Community Development. Uses such as, but not limited to, barber shops, beauty shops, gift shops, coffee shops and dining facilities may be permitted as ancillary services for the convenience of persons living in the development. No building permits will be issued for construction of the ancillary services building until a list of the specific uses or businesses has been submitted, and those uses are approved by the Director of Community Development. Any subsequent changes in the approved businesses shall be submitted to the Director of Community Development for approval. m. A traffic study shall be prepared and submitted by the applicant for review and approval by the City and State Department of Highways. n. Public Service will require easements, and the easement recorded in Book 3663, Page 142 must be shown on the Plan. Upon a vote of the Commission on a motion made by Mr. McBrayer and seconded by Mr. Carson, the following members voted in favor of the Marks Planned Development: Messrs. Barbre, Beier, Carson, McBrayer, Mesa, Allen and Stoel. Messrs. Gourdin and Magnuson were absent. This Decision and these Findings of Fact and Conclusions are effective as of the Meeting of the City Planning and Zoning Commission held on October 1, 1985. BY ORDER OF THE CITY PLANNING AND ZONING COMMISSION. • I • • • • • • STAFF REPORT Page -1- STAFF REPORT RE: PUBLIC HEARING The Marks Planned Development DATE TO BE CONSIDERED: September 17, 1985 NAME OF APPLICANT: Richard 0. Campbell The Chasewood Company 1120 Lincoln Street -Suite 1515 Denver, Colorado 80203 NAME OF PROPERTY OWNER: The Lakes South Develop~ent Co., Ltd. 520 Broad Street Newark, N.J. 07101 RELATIONSHIP OF APPLICANT TO REQUEST: PLANNED DEVELOPMENT Case 11 25-85 The Chasewood Company has an option to purchase the subject property. LOCATION AND LEGAL DESCRIPTION OF PROPOSAL: The subject property includes approximately 25 acres bounded on the north by Kimberly Woods Apartments, Romans Park, and Kimberly Village Apartments; on the east by the Waterford Condominiums; on the south by U. S. 285; and on the west by South Lafayette Street. (See Site Plan for Legal Description). ZONE DISTRICT: R-3, High Density Residence. DESCRIPTION OF THE SUBJECT SITE AND ADJACENT AREAS: The Planned Development covers an area of approximately 25 acres in northeast Englewood. It is the remaining portion of the original Larwin Multi-housing Development site. The developed portions of this site contain Kimberly Woods Apartments and Kimberly Village Apartments to the north, and The Waterford Condominiums to the east. The area to the west is developed with a mix of commercial, office, healthcare facilities, and residential uses. South of the site is in the City of Cherry Hills Village and is developed with low-density residences . I • • • STAFF REPORT Page -2- • • • PLANNED DEVEL OPMENT Ca se 112 5-85 BA CKGROUND OF PREVIOUS CITY ACTION RELATING TO THE SITE: The subject site is part of a tract which was annexed to the City in 1962. Forme rly, the site was the location of the KLZ radio trans- mitting towers and was a proposed location of the Cinderella City shopping complex. The site was the subject of litigation for several years, and eventually was zoned R-3, Multi-family Residence. This action was litigated, resulting in the Colorado Supreme Court upholding the zoning. In January, 1968, protective covenants were placed on the property limiting development to 1,500 residential units. These covenants expired in 1983. In September, 1972, the Planning Commission considered a Subdivisior Waiver on the entire 55 acre site from Larwin Multi-housing Corporation, based on the anticipated submittal of a Planned Development. The Waiver was approved with conditions by the Planning Commission, and recorded in the County Clerk and Recorder's Office, but the Planned Development was not filed. Ultimately, only 384 units were constructed by Larwin, as well as the ground for Romans Park being deeded to the City. In October, 1976, R.P.R. Brothers, Ltd., submitted an application , for approval of a Subdivision Plat for Phases 8 and 9 of the original Larwin Multi-housing Corp. plan in order to use the land for a pro- fessional office complex. The Subdivision Plat was approved by the Planning and Commission and referred to the City Council, where it was denied in February, 1978. Following this denial, an application for residential development of the site was submitted by Country Club Joint Venture. This plan called for a mix of low and high-rise residential units. The Planning Commission approved the amendment to the original Larwin Subdivision Waiver , and it was adopted by Resolution #3, Series of 1979 by the Planning Commission. In September, 1980, Prowswood, Inc., submitted an application for amendment to the original Larwin Subdivision Waiver as amended, to perm! the development of one 14-story and five 18-story condominium towers. This amendment was approved by the Planning Commission and adopted by Resolution #2, Series of 1980, by the Planning Commission. In April, 1981, Prowswood, Inc. again requested an amendment to the Subdivision Waiver. The request was to eliminate one 18-story building, in c r e ase the footprint of the five remaining buildings, and to add two so c ial centers and a management/sales office. This request was approved by the Planning Commission and adopted by Resolution Dl, Series of 1981. To this date, one residential building, the sales office, and a recreation facility have been constructed. DESCRIPTION OF REQUEST: The applicant is r ques ting approval of a Planned Dev e lopment for a 632 unit apartment complex. This is a density of 24.75 units per acre. The Site Plan includes 18 buildings of 24 units eac·,, a nd 10 buildings of 20 units each. The buildings are thr ee storte >. A t o t I • • ( • STAFF REPORT Page -3- • • • PLANNED DEVELOPMENT Case 112 5-85 lot is provided adjacent to Romans Park. There will be 408 one-bedroom units and 224 two-bedroom units; 1,079 parking spaces are provided. An 18,000 square foot ancillary service building is proposed to be located on the west side of South Gilpin Street north of U. S. 285. COMMENTS FROM OTHER DEPARTMENTS: Building and Safety : Fire flow calculations indicate a delivery rate of 4,000 gallons per minute at 20 psi residual main pressure. Appropriate hydrants must be provided as required by the Fire Department. Engineering: Dedication statement must be changed to eliminate streets, alleys, and right-of-ways leaving only easement for the per- petual use of the public. An approved drainage report is required. Fire: The increased traffic at Gilpin Street and U. S. 285 will necessitate the installation of an OPTICOM emergency vehicle traffic control device. The City would expect this cost to be borne by the developer. The submitted site plan suggests that we may need several internal fire lanes for necessary building access. Parking should be prohibited on Girard Avenue throughout the site unless it is widened. There will be a need for numerous fire hydrants; their exact location will be determined at Plan Review. Public Works: The development must provide three tennis courts to be located in conjunction with the club house, or located throughout the site. The tot lot should be located in the western portion of the site to accommodate the family units. Traffic: No comments received. Utilities: The proposed water and sewer mains appear to be adequate. The developer should contact Utilities Department for specifications if the development is approved. Legal descriptions for all water and sewer mains will be required and are to be titled as water and sewer easements, and not "utility" easements. Mountain Bell: The following language should be added to the plat prior to final approval: "A non-exclusive easement for construction, operation, repair, maintenance and replacement of telephone facilities and other appurtenances thereto, in, under, across, and through all of th e platted area, excluding the building sites as shown on the official development plans, is filed with the County to furnish services to owners of property in and adjacent to said plat." Public Service Company: No comments received • I • • • STAFF REPORT Page -4- RELATIONSHIP TO THE COMPREHENSIVE PLAN: • • - PLANNED DEVELOPMENT Case 11 25-85 The proposed development is compatible with the intent of the Comprehensive Plan. DEP ARTI1ENT OF COMMUNITY DEVELOPMENT ANALYSIS: The proposed development of 632 units meets all of the R-3 Zone District requirements. Likewise, the proposed landscape plan meets the requirements of the Landscape Ordinance. This complex will complete the development of the "Larwin" site as proposed in the early '70's. It is important to note that this plan differs from the original Larwin plan in overall density. The existing Subdivision Waiver allows for a density on this site of 40 units per acre, while The Marks will be developed at a density of 25 units per acre. The lower density and landscaping will result in a development which provides lessof an impact on the surrounding area. The signage to be utilized by The Marks will be the existing Waterford sign structure modified for this development, and wall-mounted entry signs at Gilpin and U. S. 285. Site lighting will be composed of building wall- mounted lights and eight-foot high pole-mounted lights. Screening will be carried out with four foot to six foot high brick walls. One area of concern to the staff is the uses included as part of the development's 18,000 square foot "Ancillary Services". The Zoning Ordinance states that as an accessory use "service facilities or units such as, but not limited to, barber shops, beauty shops, gift shops, coffee shops, and dining facilities may be permitted for the convenience of the tenants." To maintain the residential character of this develop- ment, all uses including changes in uses, that may be part of the an- cillary services should be approved by the Director of Community Develop- ment. DEPARTI1ENT OF COMMUNITY DEVZLOPMENT RECOMMENDATION: The staff recommends that the proposed Planned Development be ap- proved with the following conditions: 1. A fireflow delivery rate of 4,000 gpm at 20 psi residual main pressure be made available at the site. 2. The dedication statement on the plat be reworded to eliminate reference to streets, alleys, and rights-of-ways. 3. A drainage plan be approved by the Department of Engineering Services. 4. An OPTICOM emergency vehicle traffic control device be in- stalled at South Gilpin Street and U. S. 285 • I • - • ( • • • STAFF REPORT Page -5- PLANNED DEVELOPMENT Case 11 25-85 5. Fire lanes be designated and meet the requirements of the Fire Department. 6. Parking is to be prohibited on Girard unless the street is widened as required by the Engineering and Fire Departments. 7. Fire hydrants be located as required by the Fire Department . 8. An amenities/recreation package must be specified and included in the Plan. 9. The tot lot is to be relocated to the west of South Franklin Street extended. 10. Legal descriptions for all water and sewer easements must be approved. Water and sever easements are to be labeled as such and not as utility easements. 11. The Mountain Bell easement language is to be included on the Plat. 12. All ancillary service uses and subsequent changes in uses are to be approved by the Director of Community Development. Uses such as, but not limited to, barber shops, beauty shops, gift shops, coffee shops and dining facilities may be permitted as ancillary services for the convenience of persons living in the development. No building permits will be issued for con- struction of the ancillary services building until a list of the specific uses or businesses has been submitted, and those uses are approved by the Director of Community Development. gv 9/11/85 Any subsequent changes in the approved businesses shall be subliitt.ed to the Director of Community Development for approval . • I • t r .,l . :: ·~I -.-. th • ... : ~ ---.. -. . • K ... ERL v woooa • • • ----- THE MARKS &U8.1ECT SITE • 0 .., ·:. . i ~-··-.. __ (~.': '"' .' -.u C."rft ' .. • ....1 ---&.. ! - ----.. -··, I I j-· • ' ..... , . • - • - 0 SITE PLAN -8 14 TO 18 STORY 8UILDIN8S ROMANS PARK 1 --------- KIMBERLY WOODS KIMBERLY VILLAGE ( • NORTH ~ THE LAKES-PROWSWOOD DEVELOP. • • - 0 • - f • ORDINAN:E oo.56 SERIES OF 198_5_ • • - BY AUTHORITY COUNCIL BILL 00. 50.1 INTRODOCED BY COUOCIL MEMBER HimAY AN ORDINAN:E AMFN>ING 'lliE CCMPREHENSIVE ZOOING ORDINAN:E OF 'lliE CITY OF mGLD«X>D, COLORADO, BY REPEALING S&:TIONS 16.4-12 c (4) AUTOMCIHLE SALES OR LEASE OOT Itr::LUDING <XM1ERCIAL VEHICLE WIUX:K- ING, DISMANTLING OR JUNK YARDS; 16.4-12 c (8) GASOLINE AND OIL SERVICE STATIONS; 16.4-12 c (10) foCI'OR VEHICLE SALES OR LEASE; 16.4-12 c (14) REX::REATIONAL VEHICLE SALES OR LEASE TO Itr::LUDE BOI>.TS, TRAILERS, foCI'ORCYCLES AND OTHER R&:REATIONAL VEHICLES; AND AOOING N&l SEX:TIONS 16.4-12 e (2) SALES LOTS FOR N&l AND USED AUTOMCIHLES, foCl'OR VEHICLES, R&:REATIONAL VEHICLES, BOI>.TS, TRAILERS, OR MOTORCYCLES; AND 16.4-12 e (3) AUTCMCIHLE SERVICE STATIONS AND AOOING SEX:TION 16.4-12 g (2) DEVELOPMENT REQUIIID1ENTS, SE'IBACKS. WHEREAS, the Planning and ZOning Commission has reviewed the B-2 ZOne District regulations to detecnine lo'hether or not that section of the COmprehensive ZOning Ordinance adequately reflects the goals of the City as set forth in the COmprehensive Plan; and WHEREAS, the Planning and ZOning Commission has considered the B-2 Zone District 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 further discussion on the B-2 Zone District on June 4, 1985 Planning and ZOning Commission meeting; and WHEREAS, at the June 4, 1985 discussion, three car lot dealers were present lotio had been present at the May 14 public hearing, but did not address the Cannission on the B-2 Zone District matter; and WHEREAS, after said public hearing, study session and discussion, the recommendation of the City Planning and ZOning Commission to the City Council is that the proposed revisions to the Comprehensive ZOning Ordinance be adopted; NCM, THEREFORE, BE IT ORL\\INED BY 'lliE CITY COUOCIL OF THE CITY OF ENGLFl'lOOD, COLORADO: 1 • I • • • • • • Sec tion 1 . That the foll owing secti ons o f the COm prehens ive Zoning Ord m ance be repeal ed: ~>1-e--Ht ~e&Ue &iH:es H lease ~ i-Re;i,Yd~ Sit S£9H;I, ~;l,e -*~T fi&llaRU4A! H ~* yaM&w ~44>1-e-HQt MiKeJ; ~;l,e &iH:es H leit&Eh ~44>1-e-~;1,4t Aee~;ea~ie~~a;l, YE!AM*e sal-e& H l-ease w iRellilie ~ ~~;alls~;s, JIIIEM;eHye~ aRii ~ He~iefta;i, W!Rieles. All other sections under 16.4-12 c are remlllbered so as to be consecutive. Section 2. That the following new secti ons are hereby added to read as follows : 16.4-12 e (2) SALES LOTS FOR ~ Ml> USED AUT<l1CBILES, floKYI'OR VEHICLES, I®:RFATIONAL VEHICLES, BOATS, TRA I LERS, OR floKYI'ORCYCLES. (a) THE SALE OF ~ AN:> USED AUT<l1CBILES, MOroR VEHI CLES, REX:RFATIONAL VEHICLES, BOATS, TRAILERS, OR floKYI'ORCYCLES AT RETAIL SHALL BE BY A DEALER LICENS ED BY THE STATE OF COLORADO AND SOC H BUSINESS MAY IN:LUDE SERVICE Al'i:l AIXESSORIES, BlJI' SHALL 001' IN:LUDE THE RmUIIDING, OVERHAULING OR STEAM CLEAN I NG OF floKYI'ORS, REPAIRING OR REPAINTING OF BOO IES , OR REUPHOLSTERING, EXCEPI' AS A USE I N:IDENTAL 'ro THE SAID SALES, AND EXCEPI' WHERE ENT I RELY CONI:ll£TED IN AN EN:LOSED STROCTUR E. ROCAPP I NG OF T I RES SHALL NOT BE PERMITTED UNDER ANY CIRC li'ISTAN:ES . (b) DEVELO PMENT ST~ROS. ALL SOC H SALES LOTS, IN ADDI- TION 'ro ALL OTHER PROVISIONS OF THE CITY ORDINAN:ES , SHALL MEET THE FOLJ:.CMING REQUIREMENTS: a . A MIN I Mr.M TEN (10) FOOT SE'IBACK SHALL BE PROVIDED FROM THE PROPERTY LINE ON THE STREET SIDES OF THE SALES LOT WHICH SHALL BE LANDSCAPED IN CONFORMAN:E WI TH THE LANDOCAPE ORDINAN:E . THIS LANDSCAPED AREA SHALL BE IN:LUDED IN THE 'roTAL AMOUNT OF REQUIRED LANDSCA PING IN THE ZONE DISTRICT. 00 VEHICLES SHALL BE S'roRED , DISPLAYED , OR PARKED IN THIS AREA. A 20-FOOT Aa:ESS LANE MAY INTRUDE INTO THE SE'IBACK AREA AT THE REQUEST OF THE APPLICANT AT TIME OF APPROVAL OR AMENDMENT 'ro THE CONDITIONAL USE. 2 l } I • n f • • • • b. PARKING SHALL BE PROVIDED FOR COO'l'Cl'IER AND I'MPLOYEE CARS IN CONE'OR'WCE WITH SEX::TION 16.5-3 THROUGi SOCTION 16.5-6 OF THE GENERAL RmJIATIONS IN THIS OROINMCE. c. WLESS WAIVED BY THE FIRE MARSHALL DUE TO AVAILABILITY OF AIXESS TO AU.. PORTIONS OF THE SALES LOT, A DRIVE LANE SHALL BE PROVIDED FRCM PUBLIC RIGfT-QF-WAY TO STROCTURES lOCATED ON THE PRFMISES FOR AIXESS FOR I'MERGE!CY VEHICLES. SOCH DRIVE LANE SHALL BE KEPI' FREE AW CLEAR AT AU.. TIMES. d. LIGiTING SHALL BE DIROCTID SO THAT THE BEAM, IF ANY, SHINES 00 THE PREMISES. e. THE SIGN PLAN FOR THE PIUMISES SHALL ca1PLY WITH THE SIGN CODE FOR THE CITY, SEX::TION 16.4-19 IN THIS OROINMCE. f. THE MAXIMlM tueER OF AlJl'(,.<JHLES, Mal'OR VEHICLES, RfX:REATIONAL VEHICLES, BO!\TS, TRAILERS, OR MOTOR- CYCLES A.LLCMED FOR AU.. PURPOSES SHALL BE SPECIFICAU..Y APPROVED 00 THE SITE PLAN, AW THE MAXIMlM NI.J1BER OF SAID VEHICLES PERMITTED 00 THE PREMISES SHALL BE POSTED IN A COOSPICOOUS SPOT 00 THE PREMISES. l'fJRE THAN THE PERMITTED I'.AXIMlM tU'IBER OF PARKED OR STANDING VEHICLES ON THE SITE SHALL BE A VIOLATIOO OF THIS ORDINAN:E. ~ Site plan sul:m itted . 'lhe applicant for approval of a (c) sales lot for new and used autanobiles, motor vehicles , recreational vehicles, boats, trailers or motorcycles shall submit a site plan at a scale no smaller than one inch equals fifty feet (1" = 50') to the Department of Omnunity Developnent in confocnance with Section 16 .5-21 of this Ordinance. 'Ibis site plan shall incli.Xie: • A drainage plan. • • A layout of the portion of the site to be devoted to the display and/or storage of inventory, including, but not limited to, m.rnber, type and/or size of units to be displayed or stored, their arrangement and location in relationship to front and side property lines. 'ftle maxim\JTI n\Jllber of vehicles to be peonitted on the lot shall be posted (see Section Eh (b) f. above). A IMA~ ae69aek 9i l2 ~Res Hall au ~~Y HR86 ~u &e ~ l!'i~lfe& ... The location and type of lighting • 3 • I • ' "' i • • • • * * * • • • Surfacing specifications IN llCCORDMCE WITH CITY srANI:li'.ROO. A landscaping plan in confonnance with Section 16.4-18 of this Ordinance. Designation of parking spaces for anployees and customers in confonnance with Section 16.5-5 of this Ordinance. * A DRIVE lANE FOR a-IERGDCY VEHICLES IF REC(JIRID BY 'niE FIRE MARSHAL. (See Section (b) c above) * '!he proposed signage (see Section 16.5-19 of this Ordinance) • * '!he 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. ~ 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 pranises. (ii) '!he drainage plan and surface at grade has been approve:} by the Department of J:l'lg ineer ing Services. ~ ~ ----~ ef illliS•INiil811r ~ wA~ HeHa-~ "YeAMle&y ~ ~*-aT H ~lfe~lee allew&Q iN all Pli£fl'il&eli &RaU IN iipee._heil~Uy iiiW!feY- ea 8A w ~~ plaay iiRii w --~~~~~ ~ ef saw ¥eAMle& pea~~-i.lisea 8A w PH~~-i8811 liMU &e f!l86-• i-tt a e&RS~ieweli& ~ 8A ~ JiiHIII-i&eh MHe SAaR tAe --~~~~~ ~ ef (i'IHkeli H MaM-i.RIJ wRMles 8A W 8-i.~ &RaU 8e a Y-ielaliieA ef W:lw QH-i.RaREMh ~ Approval of Conditional use • (e) (i) Approval of the sale of new and used autanobiles, motor vehicles, recreational vehicles, boats, trailers , or motorcycles shall be conditional in canpliance with the foregoing requirements. 4 • l I • • I • • • • (ii) The Coooitional Use may be anended fran time to time as requested by the owne.r of the pranises in the same manner as a new application for Coooitional Use. ~ Applicability of this Ordinance. 'lhe provisions of this (f) Section shall be implanented by: (i) All new uses for the sale of new or used autanobiles, motor vehicles, recreational vehicles, boats, trailers, or motorcycles, aoo (ii) Upon THE CHANGE CF ownership, MAJORITY Sl'OCI<HOLDERS CF A CORPORATION, AND/OR LCX:ATION, AND/OR ENLARGEMFNI' ~ M OF any sales lot or business after the effective date of this Ordinance. ~n there is a change in ownership of a sales lot or business which has been approved as a Cooo i tional Use, the new owner shall appear before the Planning Commission to reaffirm the coooitions of the approved Coooitional Use. (3) AIJl'CI1CEILE SERVICE STATION ST~. THE E'()[.L(MJNG PERFORMAN:E AND DEVELOPHFNI' ST.ANll.\ROO SHALL APPLY TO AU. PERMITTED AIJI'CMCEILE SERVICE STATION USES. (a) USES PERMITTED. AN AIJl'CI1CEILE SERVICE STATION SHALL BE A RETAIL PlACE CF BWINESS ~GED IN THE SALE CF tel'OR FUELS MD IN SUPPLYING 00000 AND SERVICES GENERALLY REQUIRED IN THE OPERATION MD MAINTENAN:E OF Al1l'CI10TIVE VEHICLES MD THE FULFILLING OF tCI'ORISTS' NEE!lS. MA.X>R Atm:J10TIVE REPAIRS, PAINTING, BODY MD FENDER ~K ARE PROHIBITED. (b) BUILDING LINE REGJLATIONS. BUILDING SE'mACK LINE FOR AU. STROCTURES SHALL BE 'IWENI'Y (20) FEET FR01 THE ULTIMATE STREET RIGiT-OF4'/AY LINE, EXCEPI' CANOPY ROCFS OllER PUMP ISLANDS AND LIGHTING FIXTURES MAY BE CANTILEVERED TO WITHIN FIVE (5) FEET CF THE ULTIMATE STREET RIGHT-OF-WAY LINE. (c) EXTERIOR DISPlAYS AND TRASH AND STORAGE. 00 DISPlAYS OR STORAGE OF MEOCHANDISE, AIJl'CI1CEILES, PARTS OR REFWE SHALL BE LCX:ATED CLOSER THAN TWENTY (20) FEET FR<M THE ULTIMATE STREET RIGHT-OF4'/AY LINE, AND ALL TRASH AND REFUSE SHALL BE STORED IN A BUILDING OR WITHIN AN AREA EN::LOSED BY A WALL AT LEAST SIX (6) FEET HIGH. 5 • I • - • • • • • (d) LIGn'ING. ALL LIGITING SHALL BE DFSIGNFD ~ £0CATID SO AS TO CONFINE DIIUX:T RAYS TO 'rnE PRFMISES. (e) 0!1I'SIDE .ACTIVITY. ALL .ACTIVITIES, 01'HER THAN 'rnE SALE <F I10l'OR FUELS AN:> 'rnE Y>R1AL SERVICES UCIDENTAL 'nfERETO, ARE PROHmiTED 0!1I'SIDE <F 'lliE MAIN BUILDING. (f) OC~ING. A HASOORY WALL SHAU. BE INSTALLED AN:> MAINTAINED ALONG PROPERTY LINES WHERE 'lliE PRB1ISES ABl11' A RESIDENTIAL ARFA. SOCH WALL SHAU. HAVE A TOTAL HEIGiT <F 00'1' LESS THAN SIX (6) FEET, EXCEPI' WITHIN '1WENTY (20) FEET <F ANY ULTIMATE STREET RIGrr~~y LINE, WHERE 'lliE HEIGrr SHALL BE 00'1' LESS THAN 'nfREE (3) FEET Y>R ~ THAN 'nfREE AN:> ONE-HALF (3 l/2) FEET. (g) I.AloalCAPING. A~ PLAN IN CXH'<RWCE WI'nf 'lliE I.AloalCAPE ORDINAtCE SHAU. BE sti!HI'l"l'ED WITH 'lliE APPLICATION FOR 'lliE CXHHTION1\L lEE. ~ M:ltor vehicle Repair businesses, not including body or (4) fender work, dismantling or collision repair, and provided that: (e) LAlalCAPING. A ~PE PLAN IN CXH'ORMAK:E WITH 'lliE I.AloalCAPE ORDINAN:E SHALL BE SUBHI'l"l'ED WI'nf THE APPLICATION FOR 'lliE CONDITION1\L lEE. ~ M:ltor vehicle Laundry or Fl::llishing business, which shall (5) canply with the following conditions: (e) ~ING. A LAtalCAPE PLAN IN CONFOitWCE WI'nf 'lliE LAtalCAPE ORDINAN:E SHALL BE SUifUTTED WI'nf 'rnE APPLICATION FOR THE CONDITIONAL lEE. f4t Amusement establislTnents including , but not limi tOO to, (6) billiard halls, bowling alleys, coin-operated gcmes, dance halls, electronic or video gcmes, night clubs, outdoor commercial recreational facilities, pool halls or skating rinks. 6 • l l I • • - f • • • • • • 16.4-12 g. Developnent Requiranents. (2) SE'lme!CS. (a) HINIMt.M SE'lmCK FOR lOCORN!R Wl'S SHALL BE TEN ( 10) I!"EET. (b) CORNER Wl'S SHALL HAVE ICl' LESS THAN A FIVE-FOOT (5 I) SE'IBACK 'nfE FIRST CH!: HtHlU!D (100) I!"EET l!'lUt 'l1fE OORNBR. POE THAN CH!: HtH1UD (100) FEET FIOI 'l1fE OORNBR SHALL HAVE A TEN-1!'00'1' (10') SE'lBACK. (c) MHERB A PROPERTY ZONI!D B-2, BlBINBSS, ABUl'S tJllON ANY PROPERTY ZONI!D II R'' R!SID!Nl'IAL DISTRICT, 'l1fE RESIDDITIAL I!'IQft YARD RIQJIRIMINI' CR 'nfE ABtn'TING RESIDarl'IAL DISTRICT SHALL APPLY TO THAT fORTION CR 'nfE PROPERTY IN 'nfE B-2 Bt.IIINESS DISTRICT ElCEPT AS 'ro SIDE YAms ~ OORNBR Wl'S. Section 3. PUblic Haaring. In accordance w1 th Saction 40 of the City diirter, the City Co~n:il shall hold a public huring on this Ckdinanc:e, before final passage, at 7:30p.m. on K:lnday, ~r 9, 1985, in City Council Chambers, 3400 S. Elati street, Englewood, Colorado. Introduced, read in full, snended and passed as aended on the 19th day of llugust, 1985. PUblished as a Bill for an Ordinance as llllanded on the 28th day of August, 1985. Aaad, amended, and passed as amended on the 16th day of Sept:saber, 1985. 1985. Pllbl ished in full as amended on the 25th day of Septanber, Read by title and passed on final reading on the 7th day of October, 1985 • 7 I • • • • • • Published by title as Ordinance No. 0-~, Series of 1985, on the 9th day of Q::tober, 1985. -- Attest: EU]ene L. Otls, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Ehglewood, Colorado, hereby certify that the above and foregoing is a true, accurate aoo canplete copy of the Ordinance passed on final reading and published by title as Ordinance No.~. Series of 1985. Gary R. H1gbee 8 • l I • • • • • • P R 0 C L A M A T I 0 N WHEREAS, alcoholism is the second leading cause of death in the United States; and WHEREAS, alcoholism is the number o~e public health problem in the United states, including every municipality in Colorado; and WHEREAS, the National council on Alcoholism is established for the dissemination of information regarding this dreaded disease; and WHEREAS, the Mile High Council on Alcoholism, an NCA affiliate, is the local agency involved in the dissemination of information on alcoholism for the five-county metropolitan Denver area; and WHEREAS, the Mile High Council on Alcoholism, in conjunction with other affiliate Councils throughout Colorado and the United States, join together to bring information relative to this deadly disease to the attention of all citizens; and WHEREAS, the week of October 6 -12, 1985, has been designated Alcohol Awareness Week with the theme of "Alive Aware and Free from Alcohol and Other Drugs." NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, do hereby declare October 6-12, 1985, as ALCOHOL AWARENESS WEEK in the City of Englewood, Colorado. 1985. GIVEN under my hand and seal this 7th day of October, MAYOR • I • • • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE Se 10 . 1985 AGENDA ITEM //0 At 3998 South Broadway, an ease- SUBJECT ment for encroachment in right- of-way for East Nassau Avenue. 1 N 1 T 1 ATED BY Department of Community Development ACT 1 ON PROPOSED Grant an easement for the en c roachment of the south wall of a building a t 39 9 8 South Bro adway, which was constructed 12 inches in the East Nassau Avenue ri t-of-way. INTR OD UCTI ON AND BAC KG ROUND: The Building Division files show that the property at 3998 South Broadway was used as a service station in 1951, and was owned by the Swank Brothers. Water closets were added in 1951, and since that t ime several permits have been issued for electrical work, new 3000 gallon gas tanks, signs and a new roof. The property ch anged hands a number of times since the Swank's owned it, a nd it has bee n Johnnie's Auto Se r v ice , Mobile Service Station, Majestic Mo t o rs, Phiffer Frontier, and Englewoo d Motors. In Oc t ober of 1977 , a Build ing Permit was issued t o Englewood Motors for 3 30' x SO ' addition t o the existing service station building , the south wall of which was to have been constructed at property line. The property again appears to have chan ged hands after the addition was co nstru cted be- cause in Novembe r of 1977, Jim Babcock was shown as the owner when a permit was issued for a fl oor drain, and in Decemb e r of 1977 , Don Rippen wa s shown as the owner when an electrical permit was issued. It wa s still a service station in 1978 when Vice 's Ga rage was issued a sales tax. In 1979, Mr. Markham apparently leased the property from Mr. Rippen and was issued a sales tax to operate Little Wheels, Inc ., a car sales lot. This use is still in opera- tion, although in testimony before the Planning Commission on September 4, 1985, we were told that with the sale of the property, the use would change . TilE PRESENT ISSUE . Mr. Rippen is now in the process of selling th e property at 3998 South Broadway , as well as the adjoining building on the north, which is identified as 3986 South Broadway. ~lr. Rippen apparently has a buyer for the property at 3998 Sou th Broadway , as well as the adjoining property at 3986 South Broadway . In the process of securing a Title Commitment, a survey showed that the sou th wall of the addition constructed in 1977 e ncroaches one (1) foot into the right-of-way for East Nassau Avenue. Mr. Rippen was unaware of the encroachment, as indeed was the City . • I • • - • • • • -2- Until the encroachment is satisfied, a Title Commitment cannot be obtained, and the sale cannot be finalized. The matter of the encroachment has been referred to the several City Departments for comment. The Engineering Division stated that East Nassau Avenue has been in a paving district and it is not anticipated that there will be any cause to widen the roadway in the future. The Utilities Department, Fire Department, Building and Safety Division, and Public Works Department have no objection to the continued encroachment at this point. Mr. Waggoner suggests that a survey should be required when a structure is being located at property line from this time on, in order to avoid a similar situation in the future. Mr. Rippen has requested that the City execute an Encroachment Agreement to accommodate the one-foot encroachment in order that he can obtain a Title Commitment and close the sale of the property. In a similar case at 4101 South Broadway in which the building encroached in the right- of-way for both South Broadway and West Oxford Avenue, the City Attorney determined that it would be more appropriate for the City Council to grant an easement for the portion of the building which encroached. The easement would be in effect only so long as the building remains in the same condition in the same location. Should that por- tion of the building ever be damaged, remodeled or removed, the easement would be terminated, and the owner would be required to convey the easement to the City by Quit Claim Deed. The easement would run with the property, not to an individual. The owner(s of the property will be required to maintain insurance coverage in an amount sufficient to satisfy any liability arising as a result of the easement, and the City shall be held harmless from any and all liabilities arising from the action. RECOMMENDATION: It is recommended that the City approve an ordinance g ranting an easement for the en- croachment of a masonry building at 3998 South Broadway into the right-of-way for East Nassau Avenue. Imposed with the granting of the easement should be the condition that at such time as that building or the south wall of that building may be damaged, re- modeled or removed, the easement will terminate and the owner of the property at that time shall convey the easement to the City by Quit Claim Deed. Further, the owner(s) of the property shall maintain insurance coverage s ufficient to satisfy any liability arising as a result of the easement. SUGGESTED ACTION: MOVED BY ____________________________ __ SECOND·--------------------------------- YES ____________ ~.O ____________ -J,BSENT __________________________ _ • I • • - • • • August 20, 1985 IX>rothy !Onans City of Englewood 3400 So. Elati Englewood, (X) 80110 Re: Encroachrrent 3998 S. Broadway Lots # 23 & 24 -Block 8 Dear Ms. IOnans: • • • OI!J!MrM!H1: 01' COMMUNID Df.'iEIDPMENli ~0. C:Ol ORIIm AUG 2 1 1985 In the process of securing a Title Corrrnittment for the above property, it appears that a 1 ft. encroachrrent exists on the city property on the south side of t h is building . This encroachrrent has been unknown to me up until this time. I -would appreci ate it if you would prepare an Encroactment Agreement so that Title Committment may be obtained. Enclosed you will find a copy of a building permit dated 10-4-77 and a current sur- vey dated Augus t 11, 1985. If you have any questions or need anything else pertaining to this matter, please contact Mark Bagnall at Metro Brokers, PH # 761-4004. Thanks fOJ : your help . Sincerely , &~ 304 Wellington Northgle nn, ro 80234 Ph : 452-7897 • I • • • • - -•"J,......,.IIf ,' -···::;,·-··---· '"S .J i ld i n g Permit 1\DOR::SS .-, (:· C ,... OF JOB , ) I 7 I' ~~ _:;, D-...s:!..!;~~-:---,---,----,----:-:--::-:-~-D A TE . j{! I d 77 ' ~" elgfted •net .,.ll d•ted f 1• pe""lt ·~••.,. woftl 6Hc:tltloed M to. I ry Cl.ASS OF WORK : U.aOf Buildi ng UM Zone B -2. NewO Fire Zone Occupancy Group and Divlaion Phone Numtoe r 2? Addition S 0 License Numbe r Move 0 Oemolllh 0 Conatructlon .,1 / / , , Of /IM of , r, o ..., Construction Type Dl mena iona of Site !>o x 12..5"" Dlmenal ona of New Conltructlon -1-.s"s x. •4-.tz SOFT of new c onst ruction N umber o f Storiee / Height of Buildi ng S.t-Becka In Feet : Totel Number N 0 S Q E3 b W ..,$ Dwelling Units Square Footage Off-street Parking : Number of cera to be accommodated : ..... -,_ .... - EXTE RIOR WALL ........ ...... ..... , .. ,.,, -.. --Aoo .. I"' f ir ...... '"'Fir. f'c D { ...... ........ ----- ~===='====== ·========· -·-------=-=-=-==='====-===~ ARCHITECT OR ENOR . Li cense No . SEPARATE PERMITS REQUIRED FOR WIRING , PLUMBING , HEATING , RETAIN ING WALLS . FE NCES & DEMOUTION If TH IS BUILDING SHA LL NOT BE OCCUPIED UNTIL A CERTIFICATE OF OCCUPANCY HAS BE EN ISSUED L__j PE RMIT EXPIRES120DAYS FROM DATE UNLESS WORK IS ST A RTED BY THAT TIME For ell work done under thll permo t the Pe rmitee eccepla full reeponaibllity lor Complianc e w oth the Englew uildi ng Code end ell other applicable Engle w 1-'rdl ea . APPROVED ;$_;--, ~ ~ DATE t y "/ CONTRACTOR ,', ~~-··-------- t>E RMIT NO . Code En f o rcement Dovl alon Pl an Filed 3-4 00 5 Et eli • Eng lewood. Colo 80 110 :t: S I T3 t OOO • YES 0 NO 0 ADDRESS THIS FOAM IS A PERMIT ONLY WHEN VA LIDAT ED HERE ' lr •• "•M• • .,...,, •" uce,... • I • - • • OROINAtCE 00. SERIES <F 198-s- • • • BY AUTHORITY A BILL FOR AN ORDINAtCE APPROVING AN FASEl'IENr FOR THE EtCROIICIMENT OF A PORTION <F A MASONRY BUILDING AT FAST NASSAU AVENUE AND BROMMAY, 3998 SOUTH BROADWAY. WHEREAS, the south wall of a masonry building at 3998 South Broadway in the City of Englewood, Colorado, legally described as Lot 24, Block 8, South Broadway Heights, Arapahoe O>unty, was constructed one foot beyond the south property line, encroaching in the public right-of-way; and WHEREAS, there is no practical way of renoving the encroach- ing portion of the wall without causing the property owner to go to considerable expense and inconvenience; and WHEREAS, the encroactment was not noted by the City inspec- tors at the time the construction was taking place; and WHEREAS, by the grant of an ea&aDent, the matter will be settled to the satisfaction of all parties concerned; ~. THEREFORE, BE IT ORDo\INED BY THE CITY CCXJtCIL <F THE CITY OF~. COLORADO, that: Section 1. 'lhere is hereby approved an exclusive easanent over and across that portion of East Nassau Avenue directly south of Lot 24, Block 8, Broadway He ights , Arapahoe Cbunty, Colorado, to accarrnodate the encroactment of that portion of the existing building known as 3998 South Broadway lltl ich is located upon the within sa id easement. A copy of said easanent is attached hereto and incorporated herein by reference. Section 2. The Mayor and ex officio City Clerk-Treasurer are hereby authOrized to sign and attest, respectively, said easement for and on behalf of the City Council and the City of Englewood. Introduced, read in full, and passed on first reading on the 7th day of October, 1985. I • • - • • • • • • Published as a Bill for an ~d i nance on the 9th day of October, 1985. Attest: hiCjene L. ot1s, Mayor ex officio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of &lglewood, Colorado, hereby certify that the above 1100 foregoing is a true, accurate 1100 canplete copy of a Bill for an ~dinance, introduced, read in full, 1100 passed on first reading on the 7th day of October, 1985. Gary R. Higbee • [ [ I • • • • • - FASFliENT ArnEFliENT THIS AGREFliENT, made this day of , 1985 by and between the CITY OF ENGLEWOOD, COLORADO, a mun1c1pal corporation, hereinafter referred to as "City," and OONAID D. RIPPEN, hereinafter referred to as "Grantee," the owner of certain real property legally described as Lots 23 and 24, Block 8, Broadway Heights, County of Arapahoe, state of Colorado, also known as 3998 South Broadway. WHEREAS, the above described property has upon it a one-story masonry building lohich does now and has since 1977 encroached upon property belonging to the City, specifically the dedicated right- of-way known as East Nassau Avenue as described on the attached survey dated September 13, 1985 by Colorado Engineering & SUrveying Inc.; and WHEREAS, the parties to this Agreement desire to forego legal proceedings to quiet title to said encroacilnent; NGJ, 'niEREFORE, the parties agree as follows: 1. 'Itle City hereby grants to Grantee, his heirs, successors and assigns, an exclusive easement over and across that portion of East Nassau Avenue directly south of Lot 24, Block 8, Broadway Heights, Arapahoe County, Colorado, to accatl1lodate the encroadment of the existing building known a s 3998 s. Broadway upon the dedicated right-of-way of East Nassau Avenue, legally described as: Beg i nning at the Southwesterly corner of Lot 24, Block 8, South Broadway Heights, County of Arapahoe, State of Colorado; thence Easterly aoo along the Southerly line of said Lot 24, 61.76 feet to the face of the existi ng building, sa i d point being the tr ue Po i nt of Beg inning; thence Southerly aoo along the Westerly face of sai d existi ng building 0.99 feet to the Southerly face o f sa id existing b uilding ; t hence East erl y and a l ong the Southerly face of said exis ting bui ld i ng, 30 .72 feet to the Easterly face of said existing building; thence Northerly aoo along the Easterly face of said existing building 1.02 feet to a point on the Southerly line of said Lot 24 ; thence Westerly and along the Southerly line of said Lo t 24, 30.72 feet to the Tr ue Point of Beginning, County of Arapahoe , State of Colorado . 2. 'Itle within easement shall endure for so long as the existing building aooj or the south wall thereof r em ai n l ocat ed within the said easement. Slould that portio n of the b uild i f'¥1 ever I • • • • • • • • be darnagErl, renodelErl, or renovErl, the easement shall be tecninatErl and no longer shall Grantee use said easement; and Grantee shall convey easement to the City by quit claim deed. 3. Grantee shall maintain insurance coverage sufficient to satisfy any liabil i ty arising as a result of this easement, and the City shall be held hacnless fran any and all liabilities arising fran this action. 4. 'Ibis Agreenent shall inure to the benefit of and be binding upon the heirs, executors, a&ninistrators, successors and assigns of the respective parties hereto. IN WITNESS WHERroF, the parties have hereunto set their hands and seals as of the day and year first above written. CITY CF ~000, COLORAOO Attest: ex off1cio city Clerk-Treasurer Donald D. Rippen STATE CE' COLORAOO ss. ClXJNTY CE' ARAPAHOE AclcnowledgErl before me by l!bgene L. Otis as Mayor and Gary R. Higbee as ex officio City Clerk-Treasurer of the City of &lglewood, Colorado, this __ day of , 1985. ~ Cbmmission expires: Notary PUbhc 3400 S. Elati, &lglewood, co STATE CF COIDRAOO ss. COUNTY OF ARAPAHOE AcknowlErlged before me by D:>nald D. Rippen this __ day of , 1985 • ----- ~ Cbmmission expires: No tary PUblic Address: • f [ I • • • lEGAL DESCRIPTION: • • - CERTIFICATE OF SURVEY COLORADO ENCINEERINO C SURVEYINC INC: J(.,tJI SO, J.I£1/Zt:ld/ ....r T caalowood. Colorodo 10110 7&.1-..BOSr P ./J./2. r L7 ,c- L3COCH .g 85-6058 Sd'UTH 0/ZOALJ/UAY .NE/6HlT F.J/Z/-JP~HLJE C.?V.U Tv , CL7 .• /.liZ· AI/£, An encroact.ent of an existing building addressed •• 3996 South Broadway, said encroachment, •nc~chea into Eaat NAaa .. Avenue, and ia .ore particularly deacribed •• follows: Beginning at the Southwesterly corner of Lot 24, Block B, SOUTH BROADWAY HEIGHTS, County of ArapaMe, St•te of Colorado ; thence Eaaterly and along the Southerly line of &aid Lot 24, 61.76 feet to the face of the existing building, said point beinq the true Point of Beginning , thence SOutherly and alonq the westerly face of uid e.xistlnq building 0.99 feet to the Southerly face of said existing building , thence t:.sterly and along the Southerly face of said existing building, 30.72 feet to the Easterly face of said exist.1ng building; thence Northerly and along the Easterly face of said existing building 1.02 feet to a poi nt. on the Southerly line of said LOt 2 4 ; thence Westerly and along the Southerly l i ne of said LOt 24, 30.72 feet to the True Point of Beqinninq, County of Arapahoe, State o f Colorado~ CERTIFICATION : I, Richard w. Flanag an, a Registered tan• Surveyor in the State of Color&do, do hereby c ertify that a f i eld s urvey of the &bove site wa s m•d• under •Y supervision on the l lt.h day of September, 1985 , and that the plat accurately and properly shows said site and t he survey t hereof a nd a l l roadways and plat informat i on of record or known to 11e . CO LORADO ENGINEERING ' SURVEYING, INC • I • • - • • • • ~b P R 0 C L A M A T I 0 N WHEREAS, during the Vietnam conflict, more than eight million young Americans served this nation with honor and in keeping with the military traditions of the Armed Forces of the United States: and WBBRZAS, the nation wishes to recognize its citizens who served in combat during this conflict; and WBBRZAS, the United Veterans Service Organizations are sponsoring a "Welcome Home Salute," event to honor Vietnam Veterans with reunion activities and a parade in Fort Collins, Colorado, November 9 through 11, 1985; and WHEREAS, this event honors and recognizes the young men and women who served their nation in this conflict and Vietnam Veterans residing in Colorado have been invited to participate in this Observance. NOW, THBREPORE, I, BUGENE L. OTIS, Mayor, of Englewood, Colorado, do hereby proclaim the week of November 4 through 11, 1985, as WELCOKB HOKE VIETNAM VETERANS WEEK in Englewood, Colorado, and commend this observance to the citizens of this city. GIVEM under my hand and official seal this 7th day of October, 1985. Mayor • I . ( • EN~LEWOOO DOWN10WN DIVEI.OI'MENT AU'IlfOIIITY 3535 s. Shelman- Englewood , Colorado 110110 f'rlonc 303 /781-7885 Sept .. ber 11, 1985 Ma,or Eugene Otb City of Englewood 3400 South Elatt Englewood, Colorado 80110 Dear Mayor Otis: • • • Thia letter 1a tender ay resignation froa the Englewood Downtown Develop~ aent Authority Board of Directors, effective ~ediately. My buaineaeee and interests are nov taking ae to California, and I will no longer reside in Colorado. I have enjoyed working with the EDDA and downtown Englewood, and will abe ay association with the City. Beet viahee for your continued eucceea. Sincerely, Rae bel Owens • I . • ,, ,. September 2), 1985 Mayor Eugene Otis City of Englewood )400 South Elati Street Englewood, Colorado 80110 Dear Mayor Otis1 • • - I sincerely appreciate the follow up letter of September 18th regarding my attendance and possible resignation from the Planning and Zoning Commission. It was thoughtful of you to take the time to rectify the manner in which this matter was initially handled. Unfortunately, I feel it is appropriate that I resign my position, effective this date, since I will be absent from meetings in October and November as a result of business in Florida. I have enjoyed making a contribution to Englewood as a Commissioner and work i ng wi t h you a n d the staff. I t i s with regret that I must resign at this time . Thank y ou again for your s u pport and understand i ng. Very Truly Yours , ~~r~~,_. __ _ EM/jt cc: Susan Powers/Com . De v. !'.. " ' ~ :-: t.r ~-. ; . . . , . • •• 1) GIIY 1tif\1'!.' '; ..l 1Jr r •t.: r:r·;-···u t.' • I • • - ' • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE I NITIATED BY AG~~T E M Library Adyisory 8oard SUBJ ECT Library Advisory Board Recruitment ACT I ON PROPOSED, __ ~C~o~u~n~c~i~l~a~c~c~e~p~t~r~e~p~o~r~t •. ________________________________ _ INTRODUCTION At its meeting of September 10, 1985, the Library Advisory Board accepted a committee report regarding the duties and responsibilities of Library Advisory Board members. The current members believe it would be helpful if prospective members received the information in the report prior to their interviews with City Council. RECO~~ENDED ACTION Council accept the Board report and use it as information for prospective Board appointees. • I . ]- • • • - The Library Advisory Bo a rd held a work session July 9, 1985 for the purpose of discussing two areas of concern: a job description for members of the Board, and the assimilation of new members into the Board. Regarding the first point : the Board, in accordance with City Ordinance 2-2-3, has the following powers, duties and obl i gations: A. To prepare and submit to the City Council a master plan for the development and maintenance of a modern library system. B. To recomme nd to the Cit y Manager an annual capital expenditure budget for library purposes, and to assist the librarian in estimating ant icipated revenue s and the sums necessary to maintain and operate the library during the ensuing year. C. To coo p erate with any publ ic or private agency in obtaining space, facilities, property or library services, subject to the approval of the City Council. D. To recommend to the City Council the adoption of rules and regulations for the use of the Library as the Board may deem exped i ent. E. To make recommendations to the City Manager for supervision, care and custody of all property of the Library, including rooms or buildings leased or set a part therefore. F. To advise the Ci ty ~1anager, when reque s ted by him, in the selection of a librarian and s uch other Library employees as may be deemed necessary. G. To advise the librarian in the administration of such gifts of money or property or trust as may be granted to, a nd accepted by, the Ci ty Council for library purposes. H. To assess the needs of the community, a nd based thereon, to make recommenda- tions to the City Manager and the City Council pertaining to general public policies relating to the operation of the Library. I. Reports: 1. To City Council, showing a. condition of its trust during the year b. the sums of money expended c. the purposes of those expenditures d. the number of books and periodicals on hand e. the number added during the year, retired, loaned out, and such other information as the Board may deem of public interest. In addition, Library Advisory Board members should: J. Understand the f1nancing of the Library . ~~ney for the operation comes from tax revenues, gifts, fines and grants. K. Know the services the Library offers. This includes services to the public, to the city administration, to other libraries. I • • - • • • • • -2- L. Stay in contact with the community, so they are able to help the members of the community make their views known to the library and its staff. M. Maintain contact with the librarian and library staff. Maintain an awareness of the plans and operation of the library in order to ef- fectively communicate those goals to the community. N. Visit other libraries, and maintain contact with other library-related organizations so they can broaden their knowledge of the field. 0. Cooperate with the librarian in seeking additional sources of funding. The second area of concern during the meeting lay in the appointment and orientation process . The following suggestions were made . A. Furnish prospective members of the Board and members of the City Council with a Library Board Member "Job Description';" including the responsibilities outlined above. B. Furnish prospective Board members with a "time-needed" requirement . C. ~lake sure each of the new members of the Board is introduced to all the Library staff, and receives an extensive guided tour of the facilities. D. ~1aintain closer contact with City Council to increase its awareness of the needs of the Library. E. Discuss with Council the possibility of having a member of the Library Board sit in during Library Director selection proceedings . 9-30-85 • I • • • • • [ngl~ood Parks and R~cr~ation C~ission Minut~s of August B. 19B5 Th~ r~gular ftonthly "~eting of the Englewood Perks end R~cr~etton C~isston Yes celled to ord~r et 5:32 p.ft. by ChairftBn Jeck Poole et the [ngl~ood Municipal Golf Cours~ Clubhouse. Meftb~rs pr~s~nt: All~n. Bradshaw. Douney. Poole. Redeftech~r. Schro~d~r. ROMans. ~x officio Meftb~rs absent; Higday. Uinkler Also present: Doug ~oe. Assistant D1rector of P a R Leon kuhn. Assistant Dir~ctor of P a R Cheirftan Poole asked if th~r~ wer~ eny additions or corrections to th~ ftinutes of July 11. 19B5. There w~r~ none. A ftotion wes ftade end seconded that the ftinut~s be approved as presented. The ftotion passed. Chairftan Poole introduced and welcDfted Mary Dounay to the CoMMissi on . Dounay is one of two new fteftbers to the CDftftission representing the Englewood School Board. It was reported that there are a nUftber of people interested 1n f1lling th~ vacancy on the Parks and R~creation CDMft iss1on. Coftftissioner Brad shaw stated that applications should be in writing. The two City Co un cil representatives and two School -1 - I • • • • • .. • BoaFd F~PF~s~ntetiv~s uill int~Fvi~u end s~l~ct th~ neu COMMission MeMber to replace COMMissioner rren Howard. Uhen school begins in Septenber. applications will be accepted fron students to replace COMMissioner Becky Redenecher whose one year tern expires on October 1. 1985. Concern wes expressed at the lest neeting of the Perks end Recreation Connission that large nunbers of non-Englewood residents. schools end dey care groups were utilizing Englewood parks. sonetines causing daMage end preventing Englewood residents and schools access to the perks. At that tine. Connissioners Bredshau and Higday requested that a conpaFison study be conducted to deternine perk reservation policies of n~ighboring connuniti~s. Assistant Director Kuhn review~d a neno he urate to Dir~ctor Ronans concerning this natter. The neno lists the park end ballfield Feservation systens currently being follow~d in Englewood end Denver. Kuhn also reviewed "RecOMMendations for Use of Park Shelter/Picnic racilities" and "Alternatives for Use of Park Shelter/Picnic racilitie5" sheets which were attached to the neno. After considerable discussion by the C~iasion. and taking into consideration the problens of enforcenent of nany regulations. Connissioner Allen nade a notion. 2nd by COMMissioner Dounay. ~o recOftftend to City Council that 1) at present. the City should continue to reserve the perk shelters for 50 or nore people free of charge on a first cone. first served basis as they have in the past; Z> Groups of 25 or nore people. such as schools. vncn. day canps. churches. dog shous. etc .• uho uish to use park areas or facilties other than the park shelters. nust take out a pernit at no cost u1th the -2 - • I • • ( • • • • Parks and Recreation Oepartnent. £ngleuood groups or schools uill enjoy priority reservations by having ~anuary through ftarch to nake reservations ~or either the shelters or park areas. Outside groups nay nake reservations a~ter the last day o~ narch. The Motion passed. Assistant Director foe reported that he is presently in the process of gathering inforMation to c~pile a feasibility report for the C~ission on an expanded and iMproved nature center for Englewood. The report will include an analysts on future prograM needs. desires. estiMated operational costs and suggested building sizes. foe and two staff MeMbers visited natures centers in Pueblo and ft. Collins in order to gather further prograMMing and special events inforMation. C~issioner Bradshaw expressed ~ desire to take precautions that Englewood does not duplicate facilities of surrounding c~unities. foe stated the report will also include inforMation requested by City Manager McCown such as past history. attendance figures. etc. foe stated that recent attendance figures have dropped substantially since the nature center was Moved froM Duncan to Maddox EleMentary School. foe explained that Maddox is not as easily accessible and convenient to the public as was Duncan. foe stated that several locations for a nature center are being considered. He stated that he consulted with Dorothy RoMans. Ass istant Director of Planning . and was advised that there are no available areas in th e north end of Englewood to accoMMo d ate the type of facility that is being discussed. There was SOMe discussion concern ing the po ssi b i lity of uttl izing the land west of Bellevtew Park . whtch is the nature portion of the -3 - I • • • • - park. foe explained to the new CoMMission MeMbers that the west portion of Belleview Park already has a trail systeM and a nature interpretive center. wildlife. end space available to expand the nature center if desired. Land purchase would not be necessary since it is currently owned by the City. ConMissioner Bradshaw suggested that consideration be given to the old train depot off of Santa fe which perhaps could be relocated and converted into a nature center at Belleview Park to tie in with the Miniature train which runs during the SUMMer Months at the park. The COMMission reviewed at great length. the 1985-1986 Lottery funds along with a long list of needed projects. Director ROMans stated that sone departMents within the City have Made suggestions for use of the 81-BS Lottery funds as well as the 1986 Lottery fund to be received in SepteMber of 1986. After the CoMMission discussed several needed park projects. CoMMissioner Schroeder Made a Motion. seconded by ConMiss1oner Allen. that a recOftftefldat.ian be nede that the 1985 Lotter" 'funds be spent as -..proved end budgeted b!o' City Council. These expenditures ere budgeted for the f'ollauing needed projects: <R> •110.331 to reduce nill levy for recreation center; <B> •50.000 to South Suburban Park Foundetion 'for Platte River Trail; <C> •162.618 for tnprouenents at. ftiller field in irrigation and d r a i nage. and for tennis court stabli z ation. inprouenent. and beautification of slopelli . Unused Lotter" ~. if any shall be carried over to the 1,...; Lot. tl!r!o' fund t.o assist ui th the 1986 project.lli • These unused funds alono ui t.h the est.i -ted Lot. t.ery 'funds "for 1986 of' Sl55.000 .-e recon-nded to cover the follouing projects a s 'far •~ the fund s shalJ perntt: -1 - • I • • • • • 1 • Reduce nill leuy on recreation center 2. Asphalt overlay for the deterioratino H.U. Greenbelt trail 3. Rsphal t overlay for t.he deteriorating Ro-.a Perk walk paths 1. Repl.ce the 20 ~er old Belleuieu Perk tennis court fixtures far ftOdern efficient fixtures that vill reduce operating casta 5. Replace the old plev apparatus in perks t.hat ere gettino to the stage of being un-fe. The Motion pessed. $100.000 1.000 3.000 37.000 60.000 One of the ~ny projects discussed as a possible Lottery fund project for 1986 was the addition of a fitness roOM for Malley Center. COMMissioner Allen asked about the balance of the Bi-Centennial ~und that was raised to assist in the construction of Malley Center. She suggested that these funds along with the Malley Center ~oundat.ion Trust ~unds be considered to construct a fitness roOM for Malley Center. After sone non-infor~tive discussion. C~issioner Bradshaw said she would try to find out the status of the Bi-Centennial ~und. C~issioner Rade~cher left the Meeting at 7:30 p.M. Assistant Director ~oe reported that since there have been sOMe criticiSMs expressed regarding the fr1endliness and helpfulness of sOMe of the staff at the recreation center. there have been Measures taken to iMprove public relations anong the staff. A Mandatory publ ic relat1ons seMinar is being conducted by John Bradley. Marketing specialist for ~ooth1lls Parks and -5 - I • • - • • • • n~c ~eation District. Also _· as an incentive, an EMployee of the Month prograM has been iMpleMented. foe reported that an effort is being Made at the recreation center to i ncrease the use of the racquetball courts. foe stated that a survey was Made of ten area recreation centers and health clubs. The survey ind1cated that all facilities. at this tiMe of year. are experiencing a decline in use of the courts. foe stated that efforts to increase play include the iMpleMentation of a racquetball ladder tournaMent . reduction of suMMer rates. coupons for one free hour of play given for every paid hour of play. and Mens and woMens racquetball tournaMents will be scheduled i n SepteMber. foe stated that Uolleyball. a revised gaMe of volleyball and played on a racquetball court. will also be looked i nto . COMMissioner Bradshaw asked if it will be necessary to renege on the original decision that no corporate passes will be issued in order to generate More busi ness at the recreation ce nter. Assistant Director foe stated that corporate pa sses are not being considered; however . letters of introduction are being sent to Many Englewood businesses to inforM theM that the center and its facilities are available and to encourage theM and their eMployees to visit during slow tiMes of the day. Under COMMissioner's cho ice. CoMM1ssioner Allen asked 1f there is s oMeone in the City who could be contacted in the event they wanted to donate soMe trees to the Englewood Golf Course. D1rector RoMan s inforMed the CoMMission that there have been several trees donated to the golf cour se and park s through the years and Assistant Director Kuhn is the per s on to c ontact -6 - I • • - • • The Meeting was adjourned at 9:00 p.M. Linda Uilks. Recording Secretary • I • -7 - • • • • • • ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY 3535 S. Sherman -Englewood, CO 80110 MINUTES August 14, 1985 9 Board Members Present: Coleman, Mausolf, Neal, Owens, Pendleton, Tomooka Board Members Absent: Green, Kaufman, Oswald Staff Present: P. Dietrich Guests: Dorothy Dalquist, Susan Powers The regular meeting of the Englewood Downtown Development Authority was called to order by Chairman Bill Pendleton at 12:12 PM on August 14, 1985. The minutes from the previous meeting were presented for approval. Ms. Owens moved , seconded by Mr. Mausolf, to approve the minutes from the regular meeting of July 10, 1985 . The motion was passed unanimously by voice vote. The Treasurer's Report was presented by Penny Dietrich. Mr. Mausolf moved, seconded by Mr. Tomooka, to accept the Treasurer's Report, dated July 31, 1985. The motion was passed unamously by voice vote. DIRECTOR'S REPORT Public Improvements -Ms. Dietrich noted that the bids will be opened on August 26 , 1985 at 3 :00PM for the public improvement project on South Broadway. The completivn date is estimated to be October 27, 1985. At this time, the project i s on time. There was an example of a light fixture in the 3300 block of South Broadway to determine the color and paint. Tree Dedication Project -The brochure describing this project is completed and will be distributed once the project has been bid and contracts are awarded. Anticipation fo r a major thrust for the tree dedication and related publicity will take plac e in September and October. • I • • <C • • • - MINUTES ENGLEWOOD, COLORADO 9 c BOARD OF AD JUS TMENT AND APPEALS AU GUST 14, 1985 The regular meeting of the Board of Adjustment and Appeals began at 7:30 p.m. with Vice Chairman Brown presiding . MEMBERS PRESENT: MEMBERS ABSENT : ALSO PRESENT : Seymour, Hallagin, Br own, Gage , Lighthall and Ferguson. Fish. Dorothy A. Romans, Staff Advisor Mary Alic e Rothweiler , Planner I Nancy Reid, Assis t ant City Attorney Sheryl Rousses, Recording Secretary The Chairman stated that with six members present, five affit~ative votes will be required t o g rant a variance. BOARD MEMBER HALLAGIN MOVED THAT THE MINUTES OF JULY 10, 1985 BE APPROVED AS 1-IRITTEN. Board Member Lighthall seconded. Upon a vote , all six members voted in the aff irmative, a nd the Ch airman ruled that the Minutes were approved as written. * * * * * BOARD MEMBER SEYMOUR MOVED THAT THE FINDINGS OF FACT IN CASE NO. 13-85, GORDON SIGN COMPANY , BE APPROVED AS WRITTEN. Board Member Hallagin seconded the motion. Upon a vote , all six members present voted in the affirmative, and the Chairman ruled that the Finding s of Fact were approved. * * * * * The Chairman opened the public hearing for Case No. 11-85. He stated that the Board is authorized to grant or deny a variance by Part III, Section 60 of the Englewood City Charter. He stated that he had verification of publication and posting of the subject property, and asked that the staff identify the request. Mrs. Rothweiler stated the applicant is requesting a variance to reduce the required minimum lot size for an automobile wrecking yard and junk yard from one acre to 32,940 square feet. This is a variance from Section 16.4-13 i (1) (a) (i) of the Comprehensive Zoning Ordinance, which Section states "Any a utomo bile wrecking yard or junk yard opened after the effective date of this Ordinance shall be on a parcel or adjoining parcel of not less than one acre ... " Approval of the variance will not const itute approval of the Conditional Use of the automobile wrecking yard in the I-1, Light Industrial District. Approval of the Conditional Use must come from the En g lewood Planning Commission under separate action . • I • • • Page Two Minutes August 14, 1985 • • • Crime Prevention Meetings -Ms. Dietrich noted that representatives from Cinderella City, Swedish Medical Center, Engl~wood merchants, and South Broadway merchants were in attendance at these meetings, and were also very interested in pursuing crime prevention measures. CHAIRMAN'S REPORT As this was the last meeting for Council Member John Neal because of his promotion and subsequent move to another state, Mr. Pendleton invited Mr. Neal to make a few remards regarding the EDDA and its past, present, and future direction. Mr. Neal noted that various projects that have been accomplished at the DDA include the parking lot and the public improvements on South Broadway. Also, the communication with the merchants has been greatly improved. He wished the Authority and its members continued success. As there was no further business, the meeting was adjourned at 1:25 PM. I • • • • • .. -2- The Chairman asked that the applicant come forward for testimony. Mr. Don Braun , 1831 West Harvard Avenu~was sworn in for testimony. Mr. Braun stated that he needs a variance to cover about 10,000 square feet that he is lacking to qualify under the Ordinance for a junk yard. He said he has operated such businesses in the area before, with the same footage which he has on the present site. He said he lives near the area, and there have been no chronic problems. Mr. Hallagin asked if Mr. Braun had asked the neighbors if they objected. Mr. Braun said the neighbors on each side have no objections. Mr. Ferguson said the Fire Department would require a site plan, and certain conditions would have to be met. Mr. Braun said the site plan had not been prepared yet, but he would meet the requirements. He said he bought a parcel 61 feet by 300 feet, which adjoins property he already owned. He said he owned a business in the neighborhood when the Ordinance was passed, but was unaware of the decision to limit salvage yards to one acre minimum. Mr. Ferguson asked Mrs. Romans why some of the existing yards are the same size. Mrs. Romans said they were grandfathered in when the Ordinance was passed. Mr. Brown stated that people in the area are always invited to participate. There were no further questions, and no further speakers for or against the variance. The Chairman incorporated the staff report into the record, and asked if the staff had any further comments. Dorothy A. Romans, Assistant Direccor of Community Development for Planning, was sworn in for testimony. She stated that the staff had worked with the automobile wrecking yard ow ners in developing the Ordinance. The names of those dealers are available. Several meetings were held, including one at Mrs. Vardeman 's horne, and the Planning Commissioners visited the area. The Chairman closed the public hearing. BOARD MEMBER SEYMOUR MOVED THAT A VARIANCE BE GRANTED TO REDUCE THE REQUIRED MINIMUM LOT SIZE FOR AN AUTOMOBILE WRECKING YARD AND JUNK YARD FROM ONE ACRE TO 32 ,940 SQUARE FEET. THIS IS A VARIANCE FROM SECTION 16.4-13 i (1) (a) (8) OF THE COMPREHENSIVE ZONING ORDINANCE, WHICH SECTION STATES "ANY AUTOMOBILE WRECKING YARD OR JUNK YARD OPENED AFTER THE EFFECTIVE DATE OF THIS ORDINANCE SHALL BE ON A PARCEL OR ADJOINING PARCEL OF NOT LESS THAN ONE ACRE ... " APPROVAL OF THE CONDITIONAL USE MUST COME FROM THE ENGLEWOOD PLANNING COMMISSION UNDER SEPARATE ACTION. Board !ember Ferguson seconded the motion. Mr. Ferguson said that the Commission worked on the Ordinance and determined that o ne acre was the minimum lot size that could adequately accommodate the use. Mr. Braun just recently bought the property knowing that the parcel was insufficient. Granting the variance would weaken the Ordinance. Ms Lighthall agreed, saying that the Board should not undercut the Ordinance without strong reasons. Mr. Halla gin and Mr. Seymour agreed that the hardship is self-inflicted. The members locked in their votes and gave their findings as follows: • I • • ( • • • • -3- Mr. Seymour said he voted "no" because there was no hardship. He said tir. Braun has been in business before and should have known what is required. Mr . Hallagin voted "no" stating that the five conditions necessary for granting a variance were no t met. Mr. Gage voted "no" because the applicant did not meet the f ive conditions necessary to grant a variance. Ms Lighthall voted "no" because the Comprehensive Zoning Ordinance should be upheld unless there is a genuine hardship. She said the neighbo rhood looks better than ever and is adequately served with the present number of junk yards. Mr. Ferguson voted "no" because the hardship was self-imposed. Mr. Brown voted "no", co ncurring with the o ther members. He said there was no wr i tten support from the neighbors. When the votes were displayed, all six members had voted against the variance. Th e Chairman ruled that the variance was denied. * * * * * The Chairman opened the Public Hearing for Case #14-85. He stated the Board is au thorized to grant or deny a variance by Part III, Section 60 of t he Englewood Charter. He stated that he had proof of publication and posting of the project, and a sked that the staff identify the request. Mrs. Romans stated that this c ase is an annual review of a varianc e granted in Case No. 20-84 on July 11, 1985. As a condition t o the approval, the applicant was given severa l provisions with whi c h he had to comply, among which was the requirement for an annual review. Mr. Cullifer is now applying f or an extension of his variance to permit the continua tio n of the auto repa ir business at 3229~ South Linco ln Street. Mr. Mi c hael S. Cullifer, 3229~ South Lincoln Street, was sworn in fo r testimony. He s a id the year went smoot hly. He said he had strictly adhered to four of the f ive conditions made by the Board, but ha d problems with the requirement tha t no c ars waiting for service or being serviced be parked outside of the s t ruc ture. He said this has been violated on a few occasions in cases involving e ng ine overhauls. He said there have been no complaints from the neighbors. Mr . Fe r g us o n s a id there were several cars parked outside of the structure, and asked if the ca rs parked o utside were runnable. Mr. Cullifer said they would probably no t be wo rkin g , but he does try to use his driveway to the north of the building for th es e ca rs. There we re no further speakers for or against the extension of the varianc e. Seven letters in support of the extension of the variance were en t ered into th e r eco rd with the staff report. The staff had no further comments . The Chairman c l o sed the Public Hearing for Case #14-85. BOARD MEMB ER FER GU SON MOVED THAT THE APPLICANT BE GRANTED AN EXTENSION OF HIS VAR IANC E AT 3 229 ~ SOU TH LINCOLN STREET UNTIL JULY 9, 1986. THE FOLLOWING CONDITIONS MUST BE ME T . • I • • • • • -4- 1. THAT THE VARIANCE CONTINUE TO BE GRANTED TO HR. CULLIFER ONLY. 2. THAT THE OPERATION CONTINUE TO BE REVIEWED ANNUALLY BY THE BOARD OF ADJUSTMENT AND APPEALS. 3. THAT NO MORE THAN FOUR CARS WAITING FOR SERVICE AND NONE BEING SERVICED BE PARKED OUTSIDE OF THE STRUCTURE. 4. THAT NO CARS WAITING FOR SERVICE OR BEING SERVICED BE PARKED OFF THE PROPERTY ON THE STREET. 5. THAT NO EQUIPMENT OR MATERIALS BE STORED OUTSIDE OF THE ENCLOSED STRUCTURE. 6. THAT ALL WORK BE PERFORMED WITHIN THE ENCLOSED STRUCTURE. Board Member Gage seconded the motion. Mr. Seymour said that cars are being serviced or parked outside of the structure. Hr. Brown said it should be interpreted that the work would not be done outside the structure. The Board agreed. The members locked in their votes, and gave their findings as follows: }1r. Seymour voted "yes", saying it is a nice clean operation, and there have been no complaints. Mr. Hallagin voted "yes", agreeing with Mr. Seymour. Mr. Gage voted "yes" stating that letters from the neighbors supported the extension, and there have been no complaints. Ms Lighthall voted "yes", concurring with the other members. She said she was impressed by the neighbor who said that Mr. Cullifer was conscientious and considerate of his neighbors. Mr. Ferguson voted "yes", concurring with the other members. Mr. Brown voted "yes", concurring with the other members. There were six affirmative votes, and the Chairman ruled the motion was g ranted. * * * * * The Chairman opened the Public Hearing for Case No. 15-85. He stated that he had proof of posting and publication, and the Board is authorized to grant or deny a variance by Part III, Section 60, of the Englewood Charter. He asked that the staff identify the request. Hrs . Roth1~eiler stated that the applicant, Richard D. Losey, 1146 West Princeton Place , is requesting a variance to permit the building of an attached ga rage which would encroach one foot into the east side yard setback. This is a variance from the Comprehensive Zoning Ordinance, Section 16.4-4 i (1), which sets the minimum side yard in the R-1-C, Single-Family Residence District at a total of ten feet for both sides, and no less than three feet on either side. Th Chairman asked that the applicant come forward for testimony. Richard D. Losey, 1146 West Princeton Place, was sworn in for testimony. H stated that he want s to build a garage similar to the neighbors', and I • • ( • • • - -5- he submitted Exhibit I, showing those garages. He said he had contacted the neighbors, but was unable to reach one neighboring owner because he is an absentee landlord. He said that the front of the garage will be brick, a nd there will be a wide door and one window to the east and a door and window to the back. He said he wants to beautify his property. Mr. Ferguson said that the Building Division would not permit a window on the east. Mr. Losey agreed to omit this window. Mr . Seymour asked what kind of door wou ld be in the garage . Mr. Losey said it would be a sixteen foot door, and there would be two, two-foot extensions on each side of the door. He said the garage will blend with the neighborhood. There were no further questions, and no further speakers for or against the variance . The staff report with two letters of support from neighbors was incorporated into the record. The Chairman closed the public hear ing after Mrs. Romans said there were no furt her staff comments. Mr. Se~nour asked that the application be amended to include a variance from the total of ten feet for both sides. The Board agreed after Ms Reid stated that this amendment is put in only for clarification, and does not really affect the request. BOARD MEMBER LIGHTHALL MOVED THAT A VARIANCE BE GRANTED TO RICHARD D. LOSEY, FOR PROPERTY LOCATED AT 1146 WEST PRINCETON PLACE, PERMITTING THE BUILDING OF AN ATTACHED GARAGE WHICH WOL~D ENCROACH ONE FOOT INTO THE EAST SIDE YARD SETBACK AND WOULD ENCROACH TWO FEET INTO THE REQUIRED TOTAL OF TEN FEET OF SETBACK FOR BOTH SIDES OF THE HOUSE. THIS IS A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE, SECTION 16.4-4 1 (1) WHICH SETS THE MINIUM SIDE YARD IN THE R-1-C, SINGLE-FAMILY RESIDENCE DISTRICT AT A TOTAL OF TEN FEET FOR BOTH SIDES, AND NO LESS THAN THREE FEET ON EITHER SIDE. Board Member Gage seconded the motion. The members locked in their votes and gave their findings as follows: Mr. Seymour voted "yes", saying there were no objections, the encroachment is small, and the addition would seem to be a nice addition. Mr. Hallagin voted "yes" stating that there is a hardship for off-street parking, and the extra foot is very important for comfort in a garage. Mr. Gage voted "yes" because there was a hardship and supporting letters. He said the applicant met the five conditions necessary for granting a variance. Ms Lighthall said that she voted "yes" because the five conditions were met and the neighbors approve. There does seem to be a hardship. Mr. Ferguson voted "yes" and said the five conditions were met. Mr. Brown voted "yes", concurring with the other members and stating that this ga rage will upgrade the neighborhood . I • ( • • • • -5- Whe n the votes were displayed, all six members had voted in favor of the motion . Mr. Brown stated that the motion was g ranted and instructed Mr. Losey to con tact t he Building Division for the necessary permits. * * * * * The Chairman opened the Public Hearing on Case #16-85 . He stated that the Board is authorized to grant or deny a variance by Part III, Section 60 of the Englewood City Ch a rter. He state d that he had verification of publication a nd posting of the property, and asked that the staff identify the request. Mrs. Rothweiler stated that the applic ant, Loren R. Hunter, is r e qu e sting a variance for property located at 4450 South Huron Street, to permit operation of a blade sharpening business in the garage at the bac k of the subject property whi c h is in the R-1-A, Single-Family Residence District. This is a variance from Section 16.4-2 of the Comprehensive Zoning Ordinance which states, "The regulations for this District (R-1-A) are designed to stabilize and protect the essential characteristics of the District." Be cause of the character established in the R-1-A District, businesses and home occu- pations are not permitted. The Chairman asked that the applicant come forward for testimony. Mr. Loren R. Hunter, 4450 South Huron Street, was sworn in for testimony. He stated that he started the business part time 20 years ago. The business grew, and after he had health problems, he worked there full time. He co ntacted the City for permits and sales tax licenses, but apparently should also have co ntacted zoning, he said. He received his sales tax license and set up the business. At one time there were nine people working a t this business, a nd now there are f ive. He asked to continue the business, gradually reducing the work force to one person when he retires. He said the business is in a separate building behind the house, and there is no garage. Vehicles are parked off-street behind the premises. He has met one request of the Fire Department and will meet any requirements necessary to co ntinue opera tion of the business. His business has kept a low profile, with no adver t isin g, and little noise . When he asked his neighbors to sign approving let t ers, some didn't know the business exists. He has many customers who depend on him, but will not take any new business. He said he would like to keep one man fo r a period of time while that person is in college. Ms Lighthall asked why this case came before the Board. Mr. Hunter said that he felt it was the word of the Lord. He said that the nature of his business is changing, and this was a sign that he should be considering re tirement. He said he had been turned in by a City employee who was a c ustomer, who noticed a violation of the Fire Code . This was for the best, because the corrections will be made. Mr. Hunter agreed to the conditions suggested by t h e staff, saying that he would reduce his staff within a year or so and may be ready to retire at a n earlier date than the 1991 date suggested by staff. There were no further speakers for or agains t the variance. Four letters of approval were submitted by the applicant, and the staff report was incorporated into the record. Mrs. Romans suggested that the a nnual review be initiated and carried out by the staff, and that the appli- c ant come before the Board only if the conditions were not satisfactory. The • I • • • • • • -6- Board agreed . The Board eliminated the fourth condition proposed by the staff that the business should be reduced to a single-person operation no later than January 1, 1991. The Chairman closed the public hearing on Case 16-85. BOARD MEMBER FERGUSON MOVED THAT THE APPLICANT BE GRANTED A VARIANCE TO PERMIT OPERATION OF A BLADE SHARPENING BUSINESS IN THE GARAGE AT THE BACK OF THE SUBJECT PROPERTY WHICH IS IN THE R-1-A, SINGLE-FAMILY RESIDENCE DISTRICT. THIS IS A VARIANCE FROM SECTION 16.4-2 OF THE COMPREHENSIVE ZONING ORDINANCE. THIS VARIANCE SHALL BE GRANTED WITH THE FOLLOWING CONDITIONS: 1. THE VARIANCE SHALL BE GRANTED ONLY TO MR. HUNTER FOR THE SPECIFIC BUSINESS THAT HE IS AND HAS BEEN OPERATING, AND IT IS TO BE VOID IF THERE IS ANY CHANGE OF USE OR A CHANGE OF OWNERSHIP. 2. ALL OF THE FIRE DEPARTMENT'S REQUIREMENTS SHALL BE MET. THE ELECTRICAL PERMITS SHALL BE OBTAINED, AND THE WORK COMPLETED WITHIN 60 DAYS OF THE GRANTING OF THE VARIANCE. 3. THE STAFF SHALL REVIEW THE VARIANCE ANNUALLY, REPORTING TO THE BOARD THE STATUS OF THE VARIANCE. A REQUEST FOR REVIEW SHALL BE ORIGINATED BY THE STAFF AND THE REVIEW SHALL CONSIST OF A STATEMENT OF INSPECTION BY THE BUILDING INSPECTOR, FIRE DEPARTMENT AND CODE ENFORCEMENT OFFICER. THERE IS NO NEED FOR A PUBLIC HEARING ON AN ANNUAL BASIS, AND THE PROPERTY WILL NOT NEED TO BE POSTED OR NOTICE PUBLISHED IN THE CITY NEWSPAPER. Board Member Gage seconded the motion. The members locked in their votes, and gave their findings as follows: Hr . Seymour voted "yes", saying there we re no objections. Mr. Hallagin voted "yes ", saying that the opera tion is very nice and will meet the Codes. Mr. Gage voted "yes", co ncurring with the o th er board members. Ms Lighthall voted "yes", saying that the business is so unobtrusive that she did not know it was there. A sales tax license was obtained, and after 14 years , the City should not c lose the operation down. Mr . Ferguson voted "yes" because the hardship was created by the City. Permits were obtained, and there were no objections; it wasn't even fo und for 20 years. Mr . Brown voted "yes" because there was a hardship. When the votes were displayed, all six members had voted in the affirmative, and the Chairman ruled that the request was granted. He instructed Mr. Hunter to obtain the necessary permits. * * * * * ATTORNEY'S CHOICE. Hrs. Reid called the Board's attention to the memo which she sent to the Board regarding her opinion that the Staff Report should be made available to the applicants be fo re the meeting so that the applicants are aware of I • • ( • • • • -7- a l l the evidence concerning their cases. If there is an appeal, she said that in her opinion, there might be a reversal because the applicant did not have adequate notice. Mr. Gage asked if the staff position is really evidence. Ms Reid said that if the Board considers it, it is evidence. The Board agreed to permit the staff to make the staff reports available to applicants. Ms Reid stated that there is another point she would like to discuss with the Board. She said that the Charter requires the Board to have rules of procedure. She said a handbook is necessary, and that she will be working on a draft to present to the Board. DIRECTOR'S CHOICE. None. BOARD'S CHOICE. Mr. Gage asked about the possibility of changing the Wednesday on which the Board meets because he.has taken a new position with Lifetime Doors, Inc., and may be travelling on that day. The Board suggested that he come to the Board when the final decision is made. Mr. Seymour asked about the car lot on Stanford which is using the street for parking. Mrs. Romans said this is the kind of case which the Council is trying to address by amending the Ordinance. The meeting was adjourned at 9:10 p.m. Sheryl Rousses, Recording Secretary • I • • ( ( • • • • ENGLEWOOD LIQUOR LICENSE AUTHORITY Minutes August 21, 1985 9 D ~ The meeting was called to order at 7:35p.m. by Chairman Styes. PRESENT: Heinle, Lunders, McLaughlin, Waddell, Styes. ABSENT: None. The Chair declared a quorum present. * * * * * HEINLE MOVED, MCLAUGHLIN SECONDED A MOTION TO APPROVE THE MINUTES OF THE MEETING OF JULY 31, 1985. Upon a call of the roll, the vote resulted as follows: Ayes: Heinle, Lunders, McLaughlin, Waddell, Styes. Nays: None. The Chair declared the motion carried. * * * * * LUNDERS MOVED, WADDELL SECONDED A MOTION TO OPEN THE SHOW CAUSE HEARING ON HILDA'S CAFE, 4386 SOUTH BROADWAY. Upon a call of the roll, the vote resulted as follows: Ayes: He inle , Lunders, McLa ughlin , Wa ddell , Styes. Nays: None. The Chair declared the motion carried. John Collins was present on behalf of the Englewood Police Department. Do ug McKinnon, attorney Supreme Court number 0608, was pres e nt on behalf of the licensee for Hilda's Cafe. J ohn Collins reported the licensee has agreed to a term of reprimand and summarized the stipulation for the Authority's consideration. The st i pulation was that the licensee confess to the violation and agree t o a 4-day suspension that would be held in abeyance for six months, and i f n o vi olations on the license itself have occurred the suspension would b e dismissed. Mr. McKinnon stated the licensee admitted to the allegation and confi r~e d agreement to the terms of punishment. At th e request of the Authority, Mr. Collins then pres e nted t h e off e r ol proof that led to this hearing • • I • • ( ( • • • • ~ng l e woo d Liquor Licensing Author i ty 1\u gust 21, 1985 Page 2 Th e Authority recessed t o execut i ve session at 7:45 p.m. and reconvened at 8:20 p.m. LUNDERS MOVED, WADDELL SECONDED A MOTION TO ACCEPT THE OFFER OF CONFESSION AND PUNISHMENT AS STATED IF THE OFFER INCLUDED A WRITTEN MONTHLY REPORT SUBMITTED BY THE OWNER TO THIS BOARD RELATING TO THE IMPROVEMENTS AND MAINTENANCE OF THE OPERATING CONDITIONS OF THIS ESTABLISHMENT IN STRICT ACCORDANCE WITH PROVISIONS OF 47.105.1 LIQUOR COD E REGULATIONS; THE WRITTEN REPORT TO BE DELIVERED BY THE FIRST WED NESDAY OF EACH MONTH TO THE DEPUTY CITY CLERK, CITY OF ENGLEWOOD; AND THE WRITTEN REPORT TO BE SUBMITTED FOR THE REMAINDER OF THE LICENSE YEAR I N QUESTION. Upon a call of the roll, the vote resulted as follows: Ayes: He i nle, Lunders, McLaughlin, Waddell, Styes. Nays: None. The Chair declared the motion carried. Mr. McKinnon agreed to the order and requested the order in written form. HE I NLE MOVED, MCLAUGHLIN SECONDED A MOTION TO CLOSE THE HEARING. Upon a c all of the roll, the vote resulted as follows: Ayes: He i nle, Lunders, McLaughlin, Waddell, Styes. Nays: None. Th e Cha i r decl ared the moti on c a r r ied . MCLAUG HLI N MOVED, LU NDERS SECO NDED A MO TI ON TO OPEN A SH OW CAUSE HEAR I NG ON CASUAL LOU NGE, 65 WEST FLOYD AVENUE . Upon a call of the roll , the vote resulted as follows: Ayes: Heinle, Lunders , McLaughlin, Waddell, Styes. Nays: None. The Chair d eclared the motion carried. Gary Copp , the own er of Cas u al Lounge , was pre se n t on hi s own behalf . Jo hn Colli n s was present on behalf of the Englewoo d Police Dep a rtment. Mr. Coll i n s p r esented the following witnesses : • I • • ( • ( • • • • Engl ewood Liquor Licensing Authority Augu st 21, 1985 Page 3 Roy Upthegrove, Tri-County Health Department 3353 South Grape Street, Denver, Colorado Maria Sweatt, Tri-County Health Department 4302 South Cole Street, Morrison, Colorado Pat Livergood, City of Englewood Sales Tax Auditing Division 4675 South Lakehurst Way, Littleton, Colorado. Mr. Copp, 6061 South Monaco Way, Englewood, Colorado, represented himself as the witness for the defense. Mr. Copp had no dispute with the allegation of failure to get a food service license and pay sales tax. Mr. Copp reported that as of this hearing he had complied with all regulations. During the questioning the matter of registered manager came up. The Authority was concerned who was responsible on the premise of Casual Lounge if Mr. Copp wa$ elsewhere. Mr. Copp stated he had a manager , Jeanne Walton who worked at the tavern and was in charge. The Authority recessed to executive session at 9:40 p.m. and reconvened at 10:00 p.m. HEINLE MOVED, WADDELL SECONDED THAT BECAUSE THE CASUAL LOUNGE, INC HAS PURCHASED THE 1985 FOOD LICENSE AND THIS LICENSE HAS BEEN ISSUED BY TRI-COUNTY HEALTH DEPARTMENT AND THE CASUAL LOUNGE, INC HAS PAID THE CITY AND STATE OUTSTANDING TAXES, THIS BOARD FINDS THAT CASUAL LOUNGE, INC HAS COMPLIED WITH THE SHOW CAUSE ORDER ; THEREFORE , NO OTHER DISCIPLINARY ACTION WILL BE TAKEN AT THIS TIME. Upon a call of the roll, the vote resulted as follo ws: Ayes: Heinle, Lunders, McLaughlin, Waddell, Styes. Nays: None. The Chair declared the motion carried. Mr . Lu nders stated he hoped the Authority had impressed upon Mr. Copp e ven though a 15-day suspension was imposed and a show cause hearing was orde red the importance of keeping one 's business affairs in compliance and well managed. Chai rman Styes instructed Mr. Copp to register his (Mr. Copp's) work tele p h one number with the City of Englewood Police Department. Mr . Copp stated he would do this the next day • • I • ( ( • Englewood Liquor Licensing Authority August 21, 1985 Page 4 • • • HEINLE MOVED, MCLAUGHLIN SECONDED A MOTION TO CLOSE THE SHOW CAUSE HEARING AND OPEN THE REGULAR MEETING. Upon a call of the roll, the vote resulted as follows: Ayes: Heinle, Lunders, McLaughlin, Waddell, Styes. Nays: None. The Chair declared the motion carried. * * * * * LUNDERS MOVED, HEINLE SECONDED A MOTION TO APPROVE THE FOLLOWING RENEWALS: A) ROYAL PETROLEUM, INC. 4500 SOUTH BROADWAY B) LIQUOR BARN, LTD. 4415 SOUTH BROADWAY 3.2 BEER OFF-PREMISE EXPIRES 9-15-85 RETAIL LIQUOR STORE EXPIRES 9-9-85 Upon a call of the roll, the vote resulted as follows: Ayes: Heinle, Lunders, McLaughlin, Waddell, Styes. Nays: None. The Chair declared the motion carried. * * * * * Th e meeting adjourned at 10:30 p.m. J n;_-c_ ..... ~ fi 1u ·e.~~---- an 1 ce L. Owen eputy City Clerk • I . ( • I. Call to Order • • • ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS REGULAR MEETING August 28, 1985 9 The Regular Meeting of the Englewood Housing Authority was called to order at 6:40p.m., August 28, 1985 at Simon Center, 3333 South Lincoln Street, Englewood, Colorado 80110. I I. Ro 11 Call Members Present: Members Absent: Also Present: Mr. Thomas J. Burns, Chairman Ms. Beverly Bradshaw, Member Mrs. Valerie Lash, Member Mrs. Elizabeth Beier, Vice-Chairman Mr. Alan Feinstein, Executive Director Ms. Mary Ryan, Housing Division Mrs. Charlotte Pritchard, Recording Secretary III. Reading and Approval of Minutes from July 31, 1985 MOTION MS. BRADSHAW MOVED TO APPROVE THE MINUTES OF JULY 31, 1985 AS SUBMITTED. MRS. LASH SECONDED THE MOTION. Ayes: Nays: Absent: Burns, Bradshaw, Lash None Beier The Chainman declared the motion carried. IV. Director's Report The Board expressed pleasure with the new reporting format . They found the forms easier to read, more informative and concise. Mr. Feinstein outlined for the Commissioners a plan to increase interest in the Rehabilitation program. He has instructed the Rehab employees to distri- bute fliers to residents of the target areas. Fliers will also be included in water bills. If the numberofparticipants does not increase, then the program will be enlarged to include the entire City of Englewood, beginning October 1st. • I • - ( • Englewood Housing Authority Board of Commissioners Regular Meeting August 28, 1985 Page two • • • V. Discussion Items, Motions and Resolutions a. Administrative Plan MOTION MS. BRADSHAW MOVED TO APPROVE THE SECTION 8 EXISTING ADMINISTRATIVE PLAN AS CORRECTED. MRS. LASH SECONDED THE MOTION. Ayes: Nays: Absent: Burns, Bradshaw, Lash None Beier The Chairman declared the motion carried. b. Policies Establishing Admissions and Tenant Selection MOTION MRS. LASH MOVED TO APPROVE THE POLICIES ESTABLISHING ADMISSIONS AND TENANT SELECTION, AS CORRECTED. MS. BRADSHAW SECONDED THE MOTION. Ayes: Nays: Absent: Burns, Lash, Bradshaw None Beier The Chairman declared the motion carried. c. Resolution for Addendum to Equal Opportunity Housing Plan MOTION MS. BRADSHAW MOVED TO ADOPT RESOLUTION NO. 7, SERIES OF 1985, "ADDENDUM TO THE REGULAR SE CTION 8 EXISTING HOUSING ASSISTANCE PAYMENTS EQUAL OPPORTUNITY HO US I NG PLAN ". MRS. LASH SECONDED THE MOTION. AYES: Nays: Abse nt: Burns, Bradshaw, Lash None Beier Th e Chairman declared the motion carried. d. Request to Close 3 bedroom Section 8 Waiting List Due to the massive response, the Section 8 program manager has requested au t hori zation to close the waiting list . • I • - • Englewood Housing Authority Board of Commissioners Regular Meeting August 28, 1985 Page three MOTION • • • MS. BRADSHAW MOVED TO CLOSE THE SECTION 8 EXISTING 3 BEDROOM WAITING LIST. MRS. LASH SECONDED THE MOTION. Ayes: Nays: Absent: Burns, Bradshaw, Lash None Beier The Chairman declared the motion carried. VI. Financial Reports a . Loss of a 2-way Radio 1<10TION MS. BRADSHAW MOVED THAT THE HOUSING AUTHORITY WRITE-OFF THE LOSS OF THE 2-WAY RADIO. MRS . LASH SECONDED THE MOTION. Ayes: Nays: Absent : Burns, Bradshaw, Lash None Beier The Chairman declared the motion carried. b. Investment of Funds It was brought to the Board's attention that Affiliated First National Bank of Englewood would no longer participate in the Rehab Loan Program. It was discussed how this bank had tried to get out of their participation in the past and that they used a loophole to get out of the program. Ms. Bradshaw suggested the the EHA withdraw any funds in this bank and send a letter of explanation to the bank. MOTION MS. BRADSHAW MOVED TO AUTHORIZE MARY RYAN TO REMOVE THE $100,000 C.D. FROM AFFILIATED FIRST NATIONAL BANK OF ENGLEWOOD AND REINVEST THE FUNDS IN ANOTHER INSITITUION, FIRST INTERSTATE OF ENGLEWOOD, IF AT ALL POSSIBLE. MRS. LASH SECONDED THE MOTION. Ayes: Nays : Abs ent: Burns, Bradshaw, Lash None Beier The Chairman declared the motion carried. • I • • Englewood Housing Authority Board of Commissioners Regular Meeting August 28, 1985 Page four VII. General Discussion Director's Choice: • • • Rehab Loan Status: According to our attorney, Jim Mills, the Rehab Loan Program will have to go on hold until next year (1986) because of the Mortgage Revenue Bond Program Englewood is involved with and the IRS ruling regarding the Bond status. ARRP Units : Mr. Feinstein invited the Board members to the Open House planned for Friday, September 13, 1985 from 4 to 7 p.m. to kick-off the sale of the ARRP units. MOTION MS . BRADSHAW MOVEDTORECONSIDER HER MOTION OF JULY 31, 1985 WHICH STATED: "IT WAS MOVED BY MS. BRADSHAW TO REDUCE THE PRICE OF EACH OF THE 8 ARRP UNITS BY $10,000, 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 ASSIST- ANCE WITH EITHER THE DOWN PAYMENT OR THE CLOSING COSTS." MRS. LASH SECONDED THE MOTION. AYES: Nays: Absent: Burns, Bradshaw, Lash None Beier The Chairman declared the motion carried. MOTION MS. BRADSHAW MOVED TO AMEND THAT PORTION OF THE MOTION OF JULY 31, 1g35 STATED ABOVE, TO DELETE THE $10 ,0 00 PER UNIT REDUCTION IN PRICE AND REPLACE IT WITH THE FOLLOWING UNIT SELLING PRICES: 3034 S. Galapago St. 3036 S. Galapago St. 3038 s. Galapago St. 2743 S. Delaware St. 2755 S. Delaware St. 2742 S. Elati St. 2754 S. Elati St. 2758 S. Delaware MRS. LASH SECONDED THE MOTION. Ayes: Nays: Absent: Burns, Bradshaw, Lash None Beier The Chairman declared the motion carried • $45,000 $38,000 $47,000 $49,000 $49,000 $40,000 $40 ,000 $65,000 I . • • Englewood Housing Authority Board of Commissioners Regular Meeting August 2B, 1985 Page five • • • The insurance underwriter of the Mortgage Revenue Bonds has several requirements concerning the institution of a homeowners association to care for shared roofs, common walls, etc. At this time, attorney Rod Felzien has been negotiating with the underwriter on our behalf . f~OTION MS. BRADSHAW MOVED TO HIRE MR. ROD FELZIEN TO REPRESENT THE ENGLEWOOD HOUSING AUTHORITY REGARDING THE ARRP PROJECT, THEIR MARKETING, CONTRACTS, ETC. Ayes: Nays: Absent: Burns, Bradshaw, Lash None Beier The Chairman declared the motion carried. Appliances: The suggestion was made that the Housing Authority install stoves/ ovens and refrigerators in the units to make them more salable to low and moderate income families. MOTION MS. BRADSHAW AUTHORIZED MR. FEINSTEIN TO PURCHASE A STOVE/OVEN AND REFRIGERATOR FOR EACH OF THE ARRP UNITS. MRS. LASH SECONDED THE MOTION. Ayes: Nays: Absent: Burns, Bradshaw, Lash None Beier The Chairman declared the motion carried. Orchard Place Bid for Repairs: The staff had requested three separate bids for the repairs needed at Orchard Place. The bids were for: #1, Sheet Metal Caps for 34 angled parapets on the roof; #2 Weather- proofing and Painting of the exterior of Orchard Place; and #3 Installation of 6 air conditi oning units, one each in the sitting rooms located on the west side of the building. MOTION MS. BRADSHAW MOVED TO AWARD DUELING HAMMERS BID NUMBER ONE FOR $5,380, BID NUMBER TWO FOR $25,861 AND BID NUMBER THREE FOR $6,820. MRS. LASH SECONDED THE MOTION. Ayes: Nays: Absent: Burns, Bradshaw, Lash None Beier The Chairman declared the motion carried . • I • • • Englewood Housing Authority Board of Commissioners Regular Meeting August 2B, 1985 Page six • • • Recreational Equipment: Mr. Fe ins tein told the Commissioners about an opportunity to purchase, in conjunction with Malley Center, a multi-station fitness system for use by Englewood's Senior Citizens. The Wells Fargo Company has told staff about the equipment and the fact that there are national and local organizations willing to underwrite 2/3's of the final cost. Mr. Feinstein and Ms. Elaine Walquist, Manager of Simon Center, met with LuAnne Mickelson of Malley Center, who expressed interest in the equipment's purchase. The decision made, pending appropriate Board approval, was that the Housing Authority and Malley Center would each contribute half of the purchase price remaining after receipt of the grants. MOTION MRS. LASH MOVED TO AUTHORIZE EXPENDITURE OF $927.50 TO PURCHASE, IN CONJUNCTION WITH MALLEY CENTER, THE SENIOR CITIZEN FITNESS EQUIPMENT FOR USE AT MALLEY CENTER. MS. BRADSHAW SECONDED THE MOTION. Ayes: Nays: Absent: Burns, Lash, Bradshaw None Beier The Chairman declared the motion carried. Center for Independent Living Development: Mr. Feinstein informed the Board of a meeting that was held in his office with the Center for Independent Living Development which works with Craig/Swedish Transitional Program. The Center has units they wish to rehab for patients who have undergone extensive surgery and need a wheelchair accessible place to live. While the group has funds available to begin the rehab of a three story apartment building they own, they contacted the Housing Authority to see if it would be possible to organize a joint project to complete renovation of the building. Mr. Feinstein explained that it might be possible to request State Division of Housing Funds, to be matched by funds from the Center for Independent Living, to finance the conversion of the remaining units with the Housing Authority overseeing the work. Commissioner Bradshaw commented that she would appreciate Craig/S~Iedish working to bring their rental properites up to code. Mr. Feinstein felt that this would be a good way to open positive lines of communication that would hopefully result in the upgrading of the properties. • I • • - • • • Englewood Housing Authority Board of Commissioners Regular Meeting August 28, 1985 Page seven MOTION • • • MRS. LASH MOVED TO ADJOURN THE REGULAR AUGUST MEETING OF THE BOARD OF COMMISSIONERS AT 7:45 P.M. MS. BRADSHAW SECONDED THE MOTION. Ayes: Nays: Absent: Burns, Lash, Bradshaw None Beier The Chai rn .. tn de cl ared th e Rer1ul ar A.J <)USt meeting of the Board of Commissioners adjourned. gl,·· Jl.(_l 1::_, 1 7 : ,' • .'.I :tr'iis t 'f1 · Chairman /~/ ' ' .', / (_.,. .. ~ ·~"-i l ~ .. ' !'-fi.:. Charlo tte t~. t'l"ll• lta >d Re cord ,ny ::;,j c' el" I • • • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSIO N September 4, 1985 I. CALL TO ORDER . The regular meeting of the City Planning and Zoning Commission was called t o order by Chairman Stoel at 7:00 p.m. Mem bers present: Barbre, Beier, Carson, Magnuson, Go urdin, Allen, Me s a , Stoel. Members absent: McBrayer. II. APPROVAL OF MINUTES. Au gust 20, 1985 Chairma n Stoel stated that the Minutes of August 20, 1985 were to be co nsidered for approval. Carson moved: Beier seconded: The Minutes of Au gust 20, 1985, be approved as written. AYES: Barbre, Beier, Carson, Allen, Stoel. NAYS: None. ABSTAIN: Magnuson, Go urdin, Mesa. ABSENT: McBrayer. III . SHIVJEE JHA 3986 South Broadway Barbre moved: Ca rson seconded : The Public Hearing for Case #20-85 be opened. CASE 1/2 0-85 AYES : Barbre, Beier, Carson, Magnuson, Gourdin, Allen, Mesa , Stoel. NAYS : None. ABSENT: McBrayer. The Chairman stated that he had proof of the posting of the property a nd that the publication appeared in the August 21 , 1985 , edition of the Englewood Sentinel . He stated that the Commission is the app r oving authority and must approve , conditionally approve or disapprove the application for a Conditional Use. The Chairman asked that the applicant come forward for testimony. Richard D. Di ttemore, Attorney, stated that he had been retained by Mr. Jha to represent him in this matter . Mr . Dittemore stated that there had been many hearings involving the use of this property. He said there had never been a substantive reason for discontinuing Mr. Jha's business . Mr. Jha, when he applied for a sales tax license, discovered there were zoning requirements to be met in order to maintain his business. Mr. Dittemore said Mr . Jha's business is behind an auto parts business which is operated by Mr. Philip Henke. Mr. Dittemore stated that in the previous hearings Mr. J ha did not understand all of the technical questions concerning a Conditional Use. He said that Staff objected to the the use primarily because of the intensity of use of the property. He stat d that at least 50% of Mr. Jha's business comes from the neighborhood , and it would be a hardship to the business if Mr. Jha had to move from the neighborhood where his work is known . Mr. Dittemore stated that in the past the "technical" parking requirement was not met, but Mr . • I • • • • • -2- Henke and Mr. Jha do not drive to the business site and, therefore do not need off-street parking to the degree other businesses might. Mr. ShivJee Jha, 3986 South Broadway, was sworn in for testimony. He stated that he was born in Nepal and is an American citizen. Most of his customers are from Englewood. He has one employee who parks on the side street. He is allotted three off-street parking spaces, and can park two cars inside his garage. There have been no objections from the neighbors. Mr. Jha agreed to the conditions set forth by the staff in the staff report. He stated that Mr. Henke's lease is for three and one-half more years, and this time will permit Mr. Jha to better establish his reputation as a mechanic and would permit him to be able to pay a much highe r rent which would be required at another location. Mr. Philip Henke, 3986 South Broadway, was sworn in for testimony. He stated the property is owned by Donald Rippen. In the past the garage was used as a machine shop, and then used for several years as storage. In November of 1984, Mr. Jha began renting the garage, and working on cars. The three parking spaces allotted to Mr. Henke have been given to Mr. Jha. The rest of the parking in the back of the property has been leased to the neighboring business, Little Wheels, for their parking. This arrangement was made by the owner of the property. Mr. Henke said that Mr. Rippen is planning to sell both properties on November 1 . Under the new arrangement, all of the property behind the auto parts business and Mr. Jha's business will be allotted to them, rather than the neighboring business. At that time they will be able to meet the parking requirement. He stated that they had hired an architect, and the garage will be improved to meet the U.B.C. requirements by November 1, 1985. Mr . Jha and Mr. Henke entered Exhibits I and II into the record. These were pictures of the existing parking on the back of the lot. Mr . Dittemore stated that when all the parking is given to Mr . Henke and Mr. Jha, nine or ten cars would be parked in the back area. They stated that no junk cars belonging t o Mr. Jha's customers are parked behind the business. Any such cars belong to Little Wheels. Mr. Dittemore said that the Commission should not take a man's business away when he is willing to meet all the requirements by the first of November. There were no further speakers for or against the request. The Chairman incorporated the staff report into the record, and asked if the staff had any comments. Dorothy Romans, 3600 South Bannock Street, #204 , stated that if all of the property belonging to this building is converted to Mr. Henke's and Mr. Jha's use, the parking space would meet the requirements of the Comprehensive Zonin g Ordinance for a building of this size. She said the staff had not been informed of the proposed sale and would withdraw its object ions if proof of the sale is provided by Mr. Rippen, with proof of the reversion of all the normal parking space to Mr. Henke and Mr. Jha. She as ked that the Commission require that a legal instrument be provided showing such proof. Mr. Vargas stated that the Commission should require both such a document and adherence to the document. Carson moved: Mag nuson seconded: The Public Hearing be closed. • • I • • • • • - -3- AYES: Barbre, Beier, Carson, Magnuson, Gourdin, Allen, Mesa, Stoel. NAYS : None. ABSENT: McBrayer. The Chairman ruled that the Public Hearing was closed. Magnuson moved: Barbre seconded: The request of Mr. ShivJee Jha, 3986 South Broadway, for a Conditional Use permitting an auto repair business at this address be granted with the following conditions: 1. The building shall be brought up to U.B.C. standards, including: a. The closure of two windows by installing one-hour frame partitions in the openings. b. Changing the existing door to a one-hour label type. c. Enclosing the ceiling with a 5/8" type "X" drywall ceiling material (taped and bedded). d. Installing in the north wall an exhaust fan capable of exhausting 1 cfm/sq . ft. (625 efm) and installing an exhaust part in each overhead door. e. Installing an additional exit door in the north wall near the east end of the garage . 2 . There must be adequate parking for employees and customers. The parking is not to block the alley . Each parked vehicle must be provided with a means of exiting without moving ano ther vehicle. 3. A legal instrument must be provided to the City which satisfies the City Attorney that all of the parking area on the rear of the property at 3986 South Broadway, which should belong to Mr. Henke's and Mr. Jha 's business, will, indeed, revert to them by November 1, 1985. AYES: Barbre, Beier, Carson, Magnuson, Stoel, Gourdin, Allen, Mesa. NAYS: None. ABSENT: McBrayer. The Chairman ruled that the Conditional Use was granted subject to the Conditions stated in the motion. Should the conditions not be met by November 1, 1985, the approval of the Conditional Use will be nullified. Mr . Vargas said that the City would, with the Commission's permission, permit the business to continue until November 1, when the proof of parking provisions must be submitted, and the building will have been brought up to the U.B.C. s t a ndards. Mr. Jha will be liable for all past sales tax during the time he has operated without a license. The Commission agreed . IV. Robert E. Bigelow Southeast Investors 1190 East Hampden Avenue Case /122 -85 I • • • • • • -4- The Chairman asked for a mo tion to open the Public Hearing for Case #2 2-85. Carson moved: Allen seconded: The Public Hearing be opened. AYES: Barbre, Beier, Carson, Magnuson, Gourdin, Allen, Mesa, Stoel. NAYS: None. ABSENT: McBrayer. The Chairman stated that he had proof of publication in the Sentinel on August 21, 1985, and a Certificate of Posting had been provided. He asked that the applicant come forward for testimony. Richard Var.den Heuvel, 7500 East Dartmouth Avenue, #17, Denver, 80231, was sworn in for testimony . He stated that he is a general partner in Southeast Investors, and they propose building a self-service coin-operated car wash at 1190 East Hampden Avenue. They would remove the existing building and replace it with five bays built of brick. The car wash will be landscaped in excess of the requirements. All codes will be met. Mr. Allen pointed out there is an existing car wash within one-half of a block. Mr. Vanden Heuvel said their car wash will be higher pressure, can clean engines, and will have newer equipment. Mr. Carson asked how the stacking will be handled. Mr. Vanden Heuvel stated there would be three spaces behind each bay. He stated the waste water will go through a sand/oil trap before discharging into the sewer line. Mr. Carson asked that the sand trap be included as one of the Conditions. Mr. Vanden Heuvel said the lot would have an attendant. There were no further questions. Dick Reynolds, 1021 West Stanford Place, was sworn in. He stated that he is employeed by Swedish Medical Center. He stated that Swedish is planning to expand its existing car wash to seven bays in anticipation of a new 229 unit multi-family development being built in the area. They will divert traffic off of Hampden and will stack on their own property. They expect to build in November or December. The Commis sion stated that such an expansion might require an expansion of Swedish 's Conditio nal Use. Carl Krahl, 826 Mercury Circle, was sworn in for testimony. He stated he is the General Contractor who will be building the car wash . He specializes in car washes. He said that 99% of the time there will be no stacking of cars on Hampden, and there should be no problem or hazard, especially since other car washes are planned in the area. There were no further speakers. The staff had nothing to add to the staff report. Discussion followed . Carson moved: Magnuson seconded: The Public Hearing in Case #22-85 be closed. Ayes : NAYS: Beier, Barbre, Carson, Magnuson, Stoel, Gourdin, Allen, Mesa. None . The Public Hearing was closed. • I • • • • • - -5- Mr. Allen was exc u sed at 8:35 p.m. Be ier moved: Gourdin seconded: A Conditional Use be approved to operate a sel f -service co in-o perated car wash in a c cordance with Section 16.4-12 e o f the Comprehensive Zoning Ordinance with the following co nditions: 1. All curb cuts shall meet City standards, and any existing c urb cuts not being used shall be closed and replaced with standard c urb, gutter and sidewalk. 2. Any concrete being replaced at the intersection of the sidewalk shall be replaced with a handicapped access . 3. The sewer line servicing the site shall be r elocated t o the alley. 4. Entrance and exit signs shall be installed to City specific ations. 5. Cars shall not line up on East Hampden Avenue when entering the car wash. 6. The landscaping shall comply with the Landscape Ordinance. 7. The development shall comply with all applicable City codes. 8. Waste water shall go through a sand/oil trap before discharg ing into the sewer line. AYES: Barbre, Beier, Carson, Gourdin, Mesa. NAYS: Magnuson. ABSENT : McBrayer, Allen The Ch airman ruled that the Conditional Use was g ranted. v. AMENDMENT TO SECTION 16 .4-1 OF THE COMPREHENSIVE ZONING ORDINANCE CASE 1/27-85 Dorothy Romans stated that the City Attorney 's Office requested this ma tter b e brought before the Commission because some of the other departments, Utilities, Parks and Public Works, are putting in some necessary facilities which a s trict interpretation of the Ordinance would make impossible. \'hen a necessary service has to be provided, and when the terms of the Ordinance cannot be met, it is an unnecessary delay to go to the Board of Adjustment; and necessary service to the public may be delayed. Public buildings and facilities would be excluded, as Public Utilities were two years ago . Health and safety standards would be met; building permits would be required ; but the strict zo ning requirements co uld be varied . Mr. Beier asked what assurance there is that the departments will provide quality structures if such an exclusion is made. Mr. Stoel said that building permits would still be required . Mr. Mesa asked what reasons are given for the exclusion. Mrs. Romans said in some areas , such as in City parks, the Ordinance simply doesn't apply . • I • • • • • • -6- Mr. Carson asked that the Public Hearing be scheduled for October 8, 1985, and asked that the staff supply specific examples which would require such exclusion from the requirements of the Zoning Ordinance. The Commission agreed. VI. PUBLIC FORUM. None. VII. DIRECTOR'S CHOICE. Mr. Vargas said City Council set a Public Hearing for October seventh for changes in procedures, fencing and landscaping. On September 9, the B-2 section of the Ordinance will be considered at a Public Hearing. Mr. Vargas stated that he believed a compromise had been reached which would be acceptable to the businesses along Broadway . Mr. Vargas said that Council was permitting the hiring of a Zoning Code Enforcement Officer to replace Jeri Linder, who resigned. Mrs. Romans asked how many members would attend the tour scheduled for October 5. Mr. Magnuson and Mr. Mesa said they would attend, Mr. Gourdin and Mr. Stoel said they would try to attend. VIII. COMMISSION'S CHOICE. Mr. Gourdin expressed concern at the helicopter activity at Swedish Medical Center. He said that there should be established aviation routes, and altitude requirements must be met. He said that this is within the power of the City. Mr. Vargas said he would bring the matter and complaint to the attention of Swedish Medical Center. The meeting adjourned at 9:05 p.m. Sheryl Rousses, Recording Secretary • I • • • • I. • • - CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION September 17, 1985 CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order by Chairman Stoel at 7:00 p.m. Members present: Members absent: Stoel, Allen, Barbre, Beier, Carson, Mesa, HcBrayer. Gourdin and Magnuson. Also present: Dorothy A. Romans, Assistant Director of Community Development - Planning Susan T. King, Senior Planner Harold J. Stitt, Planner II Chairman Stoel declared a quorum of the Commission in attendance. II. APPROVAL OF MINUTES . Chairman Stoel stated that the Minutes of September 4, 1985, were to be considered for approval. Carson moved: Beier seconded: The Minutes of September 4, 1985, be approved as written. AYES: NAYS: Barbre, Beier, Carson, McBrayer, Mesa, Allen and Stoel. None. ABSENT: Magnuson and Gourdin. The motion carried . III. GENERAL IRON WORKS SUBDIVISION PRELIMINARY PLAT. For property east of the Atchison, Topeka and Santa Fe Railroad, south of the Englewood/Denver corporate boundary, west of South Elati Street and north of West Bates Avenue. Carson moved: McBrayer seconded: The Public Hearing for Case #24-85 be opened. AYES: NAYS: ABSENT: Barbre, Beier, Carson, McBrayer, Mesa, Allen, Stoel. None. Magnuson and Gourdin. CASE 1124-85 . The Chairman declared the Public Hearing opened, stating the neighbors had been notified of the Public Hearing by Certified letter, and asking that the applicant come forward . Keith Stephens, 600 West Bates Avenue, was sworn in fo r testimony. He stated that General Iron Works is asking for the subdivision in order to provide Stearns-Roger Manufacturers, Inc. with a piece of property which will give Stearns Roger access on the north side of their property when the rest of !.eneral Iron \Jorks is later sold. General Iron Works is still i n o peration, and will be in operation until the end of the year. At that time the property wi ll be sold except for this one piece of the property on the north end. • I • • - • • • • • -2- Mr. McBrayer asked if the applicant had seen the Staff Report. Mr. Stephens said he had not. In looking over the conditions suggested by the Staff, he asked that fencing not be required on the east side of the site between Yale and Amherst since the residential property which adjoins the property is the back yards of those homes, and some parking strips. The Staff stated that screening should be required, and suggested that the present fencing might be modified to meet the requirement for screening. It was suggested that General Iron Works work with the City Staff to provide adequate fencing. Mr. Stephens agreed to the other conditions except Number 3, which would include other property to the south of West Bates Avenue on the Final Plat. Mrs. Romans agreed that this property is not to be a part of the division and sale, and it should not be necessary to show it on this Plat. There were no further questions of Mr. Stephens. Dennis R. Messner, 2300 West Eisenhower Blvd., Loveland, CO 80537, was sworn in for testimony. Mr. Messner is the Engineer assigned to prepare the Plat and he asked if metal slatting could be used to modify the existing fence . Mrs. Romans said it is the Staff's experience that slatting is not satisfactory, but said the screening could be worked out with the applicant. There were no further speakers. Carson moved: McBrayer seconded: The Public Hearing for Case #24-85 be closed. AYES: NAYS: ABSENT: Barbre, Beier, Carson, McBrayer, Mesa, Allen, Steel. None. Magnuson, Gourdin. The Public Hearing was closed. Carson moved: Beier seconded: The preliminary Subdivision Plat in Case #24-85 be approved with the following conditions: AY ES : NAYS : ABSE I: 1. Screening must be provided on the east side of the property between Yale and Amherst before approval is given to the Final Plat and shall be provided to the satisfaction of the Staff. 2. The utility easements shall be shown and described on the Final Plat. 3 . The portion of Terry's Addition on the General Iron property shall be vacated. 4. No type of improvement shall be allowed in the utility easement; however, it may be used for off-street parking. 5. If, in the future, any proposed development occurs on Lot #2 , fire access and an additional fire hydrant shall be required prior to issuing any building permit. Barbre , Beier, Carso n, McBrayer, Mesa, Allen, Steel. None. Ma gnuson, Gourdin. • I • • • • • • - -3- Th e Ch a irma n sta t e d t he Pr e liminary Plat was approved and the final plat can be prepa red inco rpo rating the conditions imposed by the Commission. IV. THE MARKS Planned Development on o ld KLZ site. CASE //25 -85 Th e Chairman asked for a motion to open the Public Hearing fo r Case #25-85. McBrayer moved: Cars o n seconded: The Public He a ring for Case #25-85 be opened. AYES: NAYS : ABSENT: Barbre, Beier, Carson, McBrayer , Mesa, Allen, Stoel . None. Hagnuson, Gourd in. The Chairman Stated that the Public Hearing for Case #25 -85 was open. The Chairman st a ted that the Commission is to receive information and send a recommendation on t o City Coun c il. He said six signs were posted on the property, a nd the matter wa s published in the ENGLEWOOD SENTINEL on Septem ber 4, 1985. He asked that the app l i c ant come f o rward for testimony. Richard 0. Campbell, 1120 Linc oln Street, Denver, CO, was swo rn in for testimony . He said he was seeking approva l o f a site pla n for a development of between 24 a nd 25 acres at Hampden and Gilpin. He said his c ompan y , The Chasewood Company, is part o f Trammell Crow, and develops apartments across the United States . The apartments are rented t o medium-to-high-income people. Th e Chasewo od builds t o own th e apartments, and are long-term owners. Mr. Campbell sta ted that o ther devel o pers have tried various projects on the property , but h a v e no t been a ble to fulfill expectations. He stated the site is zoned R-3, and his proposal fits within the restrictions o f that zone district . A density of 40 units per acre is permitted, but The Chas ewood Comp a ny is proposing a density of 24.75 un its per acre , with a t o t al of 632 units. Th e re will be 28 buildings of two-to-three stories. There wi ll be one-a nd two-bedroom apartments; 60 % o f the development will be one bedroom un i ts. 75% will have fireplaces and almost all will have washer/drier connec tions. They plan to purc hase the sales office of the Wate r ford and will use it a s a l ea sing office a nd a n exerc ise facility. They are planning no tennis co urts, but t h e r e will b e a rec reatio n center and laundry facilities. Mr. Campb e ll s t a t e d t h e projec t would exceed t he r e quired landscaping . Mr. Camp bell said that he had met wi th neighb o r i ng homeowners at Kent Village, Cherry Hills, and the Waterford . He also me t wi th pe ople from the Kimberly Woods and Village . Concerns have been traff i c , the fact that the development will be ren t al , t he ancil la r y serv ices , pa rking o n the streets, and the vi w of the mou n tains . Mr . Campbel l agreed to the t welve co nd itions sugg ested by the Staff. He said that the Tr a mm ell Crow Co mm e r c ial Di v i s ion will develop the ancillary services, and they a r e th e developers of Tamarac Squ a r e. They ha ve indic ated they have no objection to getting prio r approval of a ny bus iness f r om the Director of Community Developmen t. The pa r ki ng compl i e s with a nd surpasses the requirements. ThPy will have approximately ten acres of lands ca ping o n the site, 250 shade or canopy trees, 127 ornamental trees , 75 everg r een trees and almost 3200 shrubs . -lwr" is An ex t e nsive use of brick thro ug ho ut the pro jec t, and the units will • I • • • • • • -4- have a good quality of cabinets, carpeting and trim. Mr. McBrayer asked what the rental fees would be. Mr. Camp bell said they would s tart at about $42 0 per mo nth and the units with two bedroom s and two baths would rent for between $650 and $750 . Mr. Carson asked about the parking. Mr. Campbell said there would be no parking on the street beca us e there is plenty of parking for the residents a nd g uests. The parkin g currently on the stre .t is from Kimberly, and the property will be posted stating no parking on the street is permitted. He said the national pattern is 1 .3 parking spaces per unit, and they will provide 1 .79. There were no further questions. The Chairman asked if th e re were any other speakers. Bruce Johnson, Attorney at Law, of Johns on , Robinson, Neff and Ragonetti, 2500 Seventeenth Street Plaza, 1225 Seventeenth Street, Denver, stated he is representing the residents of the Waterford . He asked that all those in the audience opposing this development raise their hands. ~lost of the people in the audience indicated opposition . Mr . Johnson stated that the Comprehensive Zo ning Ordinance requires that the application be initiated by the owner . No own er signed the applicatio n, and the owner did not initiate the request. He said that, in his opinion, the ap plica tion did not comply with Section 16 .3 and Section 16 .4 of the Co mprehensive Zoning Ordinance. There were no questions of Mr . Johnson. Mr . Johnson said seve ral persons were prepared to address the Commission a nd introduced Ms Ko rt z. Pearle Rae Kortz, 1900 East Girard Place , was sworn in for tes t imony . She stated that she purchased a unit at the \,ra terford i n good fai th on May 1, 1985 . She said that there are 49 resident owne rs at the Waterford , and she is o ne of 45 registered voters . She said she and the othe r r esident owners were told that th ey would be situated on a 35-acre park . She said th e City of Englewood had on record the approval of the Planning Commission and the adop tion of , by Resolution 2 , Series of 1980, a plan for one 14-story and five 18-story condominium towers . In April of 1981, the Planning Commission approved a request to eliminate one 18-story building, increase the foo tprint of the remaining buildings, add two social centers and a management sales office -Res o lution 1, Series of 1981. Ms Kortz stated that the Waterford represented to the owners a wonderful location--security , a quality, carefree living envi ronment in a secluded area. This environment would permit them to walk f reely and without worry abo u t the area, using th e fitness center , t aking walks and going to and from the garage. I t would be a safe place to come home to. The lvaterford residents come from many ar as , having a variety of backgrounds--businessmen , teac hers, retired coup les, single working women, political figures, doctors , investors, widows and widowers. Some are well off fi na ncially , but many have expended their life savings to enioy a special a tmosphere. She said s he signed her original pur c hase agreement with the Waterford in November of 1984. She was shown a plan for fi ve tow e rs a nd told the area was owned by a large i nsuranc e company (Mutual Benefit Life Insurance Company) and its subsidiary Development Company, Lakes Sou th Development Company . She was told all the land was owned by one wealthy compa ny and it would be developed in a safe and secure , luxurious ma nner. She spent substantial amounts in remodeling h r unit. A week before the final clos in g she was told there was a contrac t • I • • • • • • -5- on some of the land with a high-qual ity developer, but it would be condo- miniums similar to Che rry Hills III, a nd Polo Club North, but more luxurious and with more open space. On May 28, 1 985, the Waterford residents were notified that a decision had been made not to build addi tio nal high rises as planned. There was a meeting on July 11, 1 98 5 , with Richard Cambell, representing The Chasewood Company, and with Dorothy Romans, Assistant Director of Community Develo pment for the Cit y of Englewood . They were told that the City had contact with Chasewood fo r approximately 22 months relating to the project. Ms Kortz said that Lakes South Development, the City of Eng lewood and Chasewood intended to take away the o pen space that had been promised even as s he was signing the closing papers o n her unit. Ms Ko rtz stated there is a mar ket for luxury condominiums. She said this is a perfect loca tion for luxury condominiums . She said they want the land to be developed , but there are ways to c hange t o proposa l to s ome thing profitable that would be similar to what was promised to the resident owners . She said there should not be 28 three-st o ry buildings with lo ts of a sphalt , o pen parking spa ces and expo sed trash c onta ine rs, nor a service retail center at the main entranc e t o all of th e property . She stated that the proposed development wo uld c reate safety and security pro bl ems. She said they rely on the Planning Commission f or support and t o s e e tha t the appro ved plans a re no t a rbitrarily c hang ed without reference t o tho s e p r o perty owners mo st affected by such c hange, and that the develo pers are made acco untab le for promises made to prospective buyers . She s a id i f she had be en a wa r e o f th co ntemplated c hanges she wo uld no t hav pur c ha sed her unit . Mr. Al l e n asked if these pro blems had been di cuss e d with the Waterford Compan ies o r t he La k So ut h Deve lo pers. Ms 'ortz said the y refused to t a lk wi h th r sid nt own r s. Mr . Al len stated that it seemed that she did no t object to dev lop nt , i was th rental aspect tn hich s he o bjec ted. Ms Ko rt z sta t ed hat h r t1on i s tha t the develo pment is n t what th ey were promised, and th r will h d op n pac ; there will traffic problems, inadequate f ire road . Th r w r e no furt her questions. b omlin s o n, 1 900 East Gira r d Avenu , H s tated he is sp a·in fo r Wa terfo r d r es i dent Chasewo o d proposal s wrln~ fo r t he area . He said have b e n pr o ud of the area in that it i s green, open a nd b autiful. TI1 r i h avy 1 nd s c aping in th vast open a r eas, a nd t h existin approv d plan ext nd t his c oncept . ~~ n the Wate r ford was o r iginally planned, 75% of the land wa s to be green or open ar a. This was to he shared by th r id nts, n ighbors a nd g uests. To maximiz this area underground parking and hidd n t ras h r e cepta c les were incorporat d into th plan. The propos d plan is offering 25% o pen a rea, and most of this is used for parking and streets ; on ly 5 t o 10% would actually be green. He said overflow pa rki ng will result in on-street parking; open trash ,Jreas will be visible; and the a rea will be co nges ted and dense. The retail co mmercial a r ea is plann d for t he ma in e ntra nce , whic h will result in even more co ngest i n and traffic . Mr. Toml inso n state d that the new proposal is an unfortu nate he i ght . Tt is low no ug h to result in many buildings, but tall enough to block views . Mr . Tomlinson sa i d tha t th e r e a re a lternatives. Townhouses and condominiums a re succ ssful i n othe r areas (Ch e rry Hills III, Po l o Club, Heather Gardens and Stony Br ook), and wo uld mi nim i ze the congestio n. Midrise buildings co uld he developed, and t he Waterfor d wo u ld lose only a portion of its open space. He emphasiz d that once the land i s ba dly developed, it cannot be recovered . • I • - • • • • • -6- Mr. Tomlinson s aid tha t the r e sidents of the Wat erford would wo rk with the developer a nd th e City, but he wo uld have to live with whatever development takes place long after the developer is gone. There were no questio ns of Mr. Tomlinson. Alyce Meanwell, 1900 East Girard, #805, was sworn in for testimony. She said the proposed development is insensitive to the Waterford. She stated the residents wanted a new lifestyl e with dignity and pride. The Waterford has unique landscaping. Instead of receiving fulfillment of those promises, the residents' nearest contact and view will be of uncovered parking lots and five buildings squeezed onto a narrow plot of land. There will be no real landscaping barrie r or buffer; the plan shows a tiny strip of 2~ inch caliper trees, which she termed just a row of sticks. Ms Meanwell said the traffic problems will affect going to and from their recreation center . She said tha t over one third of the building owners are single women a nd they and the other owners have invested in a lifestyle that the Waterford offered t o them . Englewood is a good place to live with good facilities. She said she hoped that Englewood will not permit big money to co ntro l vital decis i o ns. Mr. Mesa asked when the Waterford was comp leted. Ms Meanwell said it was completed in February of 1983. Mr. Mesa asked what the percent of occupancy is. She said 48 units of a pproxima t ely 112 are occupied. Irving J . Shwayder , 1400 East Girar d , #7 0 2 , was sworn in for testimony. He said h e is a retired business man. A few years ago he exc hanged a home in Englewo od for a condominium at the Waterford. This was a big adjustment for him, and his expec tations a re being threatened by a proposed development which is contra ry to the representations made to him by the sellers at the Waterford not much more than a year ago . He said he is concerned abou t the traffic . There were no comme nts received in the Staff Report concerning traffic. He said that the resident owners e ngaged a professional traffic engineer, Bob Felzberg, for a preliminary study of the impact of the proposed plan of the Marks on traf fi c . He said that the conditions have changed over the last few years , especially in regard to tra ffic . The traffic study stated tha t in 1981 the intersection of Highw ay 285 and University was rated "F", which he stated he assumed was for "failure". The contemplated additions would increase the traffic by 8.4%, a nd th e peak time traffic by 12 .8%. This does not include the impact of 60 additional units which will be sold at the Waterford; and the retail service which is being planned, will increase traffic by another 8.2%. This will mean an e stimated 20 % increase in traffic which is already unsatisfactory. Ea s t Girard Avenue is 30 feet wide, and will be inadequate for this many people. It is already impossible to keep people from parking on the road. There are 440 dwelling units which are presently using the road; the Planned Development would bring that to 1,125. He asked that the following conditions be required: l. A traffic study be prepared and submitted to the Planning Commission before further development is made. • I • • • • • • -7- 2. The City should require upgrading, widening and improving of Girard, and enforce "no parking" regulation, and perhaps make the street an official City street. 3. The entry/exit through the project should be improved. 4. Possibilities for alternative peak-hour traffic should be considered. Mr. Carson stated that the same number of people would be present if the towers as planned by the Waterford had been built . Mr. Shwayder agreed, but said that the traffic was going to be worse than originally expec t ed. He said he was not opposing development, but wants better planning, especially for the increased traffic. Doris Rothman, 1900 East Girard Avenue, Unit 202, was sworn in for testimony. She said she is concerned about the safety of this project. There is limited access for fire and police. She is concerned that the increased traffic will threaten pedestrian safety and Girard Avenue will divide the l~aterford from the rec reation center. They were promised well-lit, secure, green space. This project will be a dense and open maze, with little walking space, but with ample protection for hiding intruders. She stated that carports and trash bins will be directly in front of the Waterford and adjacent to their recreation center with no buffer zone. }mny of the residents are single, older women who bought at the Waterford because it was to be secure. Bruce Johnson, Attorney, returned for summary. He said the group had given many reasons for denial or at least modification of the proposed development. He said there are no significant changes and conditions to warrant the departure from the approved plan. The new plan is contrary to the health and safety and welfare of the people of Englewood, and he stated there has been no evidence which would permit the City to produce the required Findings as a basis of approval of the Planned Unit Development. He stated there is not a proper applican t because the owner of the property did not sign the application. The R-3 regulations state that new high rise development should be sensitized to the surrounding development concerning traffic, building bulk a nd screening. He said these have not been incorpora ted in this plan. The regulations also require that, if in the area of development, internal street c irculation systems are necessary, such systems shall be designed for the type of traffic that will be generated. He stated that East Girard Avenue would be in direct violation of this requirement. He said that with regard t o the street traffic that would have been generated if the original Water- ford plans had been follo wed; in his opinion, the traffic generated would not be as heavy because the kind of resident living at the Waterford would not have as nillny vehicles per dwelling unit as would be present at the ~rks. lr. Johnson said that the R-3 regulations require that parking shall be screened from public view by landscaping. The use of berms is encouraged. He said "a few 2~ inc h sticks will not meet this requirement ." He asked that the applica tion be denied , and asked the applicant to alter his plan or to come up with a plan more in keeping with the Waterford. He asked that the proposal be referred back to staff for further study, and stated the Waterford's willingness to spend the time necessary to accommodate solutions to the problems mentioned. He strongly requested a traffic study, and asked the developer to do a safety and security plan. Mr. Allen asked how many people had studied the plan. Mr. Johnson said there had ~ en several meetings with the developer. The plan was delivered to his office • I • • n - • • • • • -8- only the week before the meeting. He stated that the density in the area close to the Water:ord is the greatest concern because it is all seeded, sprinkled and mowed. He stated that the entrance to the Waterford is only 30 feet from the carports and pavement. He said the density and ma ss in such a close area are too g reat. Mr. Mesa asked Mr. Campbell if it is correct that plans had been made to buy the property 22 months before. Mr. Campbell said that one of the partners looked at the property, but the contract was not made until April of 1985. They were first approached 22 months before. Mr. Mesa asked Mr. Johnson if Mutual Benefit or Lake South Development offered the Waterford any compensation . Mr. Johnson said none had been offered . Mr. McBrayer asked Dorothy Romans if she had known for twenty-two months that there was a potential change in ownership. Mrs . Romans said their office had been contacted in 1983, and it wa s indicated that the towers would not be completed . Mr. Johnson said that it was through Mrs. Romans contact card that the Waterford residents learned that the people selling the Waterford units had been aware for a long time that the project would not be completed as planned. There were no further questions of Mr. Johnson. Sidney T. Parr, III, 3229 South Franklin, was sworn in for testimony. He asked what was next to Romans Park. Mr. Campbell stated it was an accessway for the Fire Department. This is not a public access, but has a knock-down fence. He asked if the residents north of Romans Park had been contacted by Mr. Campbell . Mr. Campbell said he was not sure. Mr. Parr stated that the tennis courts at the park are constantly busy, and questioned the advisability of not providing tennis courts for the residents of the new development. He asked that townhouses and condominiums be considered as alternatives to apartments. Mr. Mesa asked why the Public Works Department had suggested the tennis courts. Mrs . Romans said that the three previous plans for the site had provided three tennis courts. She assumed that Mr. Waggo ner carried over that idea. Mr. John Binder, 2099 East Floyd Place was sworn in for testimony. He asked what was meant by "Franklin Street extended". Mrs. Romans said it was to show location , it did not indicate that the street itself wou ld be extended through the development. Mr. Binder said that the tennis courts in the park are busy all the time , and that if 75% of the units have fire places, pollution will be a big problem. He also stated that the signs notifying the neighbors of this hearing were ve ry small and difficult to see. ~rs . Romans said that the signs must be visible from the adjacent right-of- way, and that in the opinion of the staff, they met that criteria . The size and placement are provided to the developer . Mr. Binder said that the fire protection in the area has been limited, and asked that fire access be considered ca refully. ~!elvin Dills, 1801 East Girard Avenue, 0217, Kimberly Village was sworn in. lie said he is not a resident of the Waterford. He lives at Kimberly Village and concurs with oth r opinions that the access to and from Hampden Avenue • I • • • is inadequate. already parking he is aware of. cars, there is A traffic study on Eas t Giarard Since there is bound to be more • • • -9- is very necessary. He stated that there is Avenue, and no tickets have been given that not enough parking space for the existing of a problem with more people, Mr. Dills said the drainage is bad on the site, as the Waterford drains into the Kimberly Villate at the present time, He asked that there be adequate signage to show how to find Kimberly Village and Kimberly Woods; but he said the most important problem is fire safety and safety during development, He asked that restra ining fences be demanded during construction and that adequate fire access and hydrants be provided. He said the site is just across from the fire which Kimberly Village had some time ago, and people died in the fire bec ause of the inadequate provisions for fire protection. Mrs. Romans said that the Fire Department has required access and further hydrants, some of which may also service the Village, She said fences are required during co nstruction. There were no further speakers. Mrs. Romans stated that Mr. Gourdin had asked her to state that he was concerned about the fireplaces and asked that catalytic inserts be placed in any fireplaces. Mr. Campbell returned to testify. He said that he had been considering catalytic inserts, and that "Preway" is supposed to reduce pollution . In response to Mr. Johnson's earlier remarks, Mr. Campbell stated that the application is not a rezoning, and the criteria are different from a site plan. It is not necessary for the owner to sign a Planned Dev elopment application. He said that the promises made by the Waterford are not the responsibility of the Planning Commission. If the owners were damag ed, they should seek redress through the co urts from the developer. He did note that Paragraph 37 of the Waterford Condominium Declaration states that "Owner reserves right, but not obligation to follow the site plan." He said that if the original plan had been followed for the Waterford, the traffic would have ha d to support 1100 units, which would have been much worse that the present plan. He saw no reason to suppose that apartments owners have more vehicles tha n people who live in comrnunties like th e Waterford . There is nothing in apartments whi ch should create additional problems, as renters are not criminals or more hazardous than other citizens. He stated that "2~ inch sticks" are very expensive. He is willing to work with the Waterford on landscaping, especially if the Waterford will underwrite upgraded landscaping. He said there is plenty of overflow parking . A high ris i , in his opinion, a much greater fire problem than three-sto ry buildings. Mr. Campb 11 said that the original plan for the Waterford had not worked; over 50% o f the units are going to have to be auctioned. He added that there were a lso e o ple who opposed the Waterford Development. Mr. Campb 11 stated that there is no reason to suppose that renters are less friendly and saf than Wate rford residents, and they are similarly concerned about traffic. He said that upgrading and widening Girard would be very difficult as there are multiple owners; but he is willing to work out a olution if th owners will share cos ts. He said the water and utilities are a l r ady in, and regretted that the existing roads were not up to City standards in th original plan. He stated that the application meets the requirements of th Zonfnr Ordinance, and asked that the application be approved. Mr . Ca rson ask d if th applicant agreed with all twelve of the recommendations ma d by St~ff. Mr. Campbell said I~ did . Mr. cB rayer and Mr. Beier agreed I • • • • • • .. - -10- that the road is inadequate and a traffic study i s necessary. Discussion followed about security, the lack of tennis courts and a fo ur-to- six foot fence which will be at some areas of the edge of the site. Mr. Arlo Braun, architec t for the applicant said that fencing will be along the private stree t s and between some of the covered parking structures to c reate patio areas near the units. Mr. Mesa asked about screening. Mr. Braun s a id that the ca rports will be screened from the units a nd, to some extent, from the outside. Mr . Mesa asked about security, and if there would be a guard will be no guard shack, Mr. Campbell assured the Commission. that if there were a demand for tennis courts, they would be recreational areas for the residents only. shack. There He stated provided as Mr. Johnson stated that tennis courts couldn't be "squeezed" into the Plan. He reiterated his concern over traffic, no-parking zones and asked for time to work on a plan with the developer. Mr. Campbell stated that these are private streets which he will cooperate to widen if necessary. He said the City must enforce the no-parking areas. Mr. Steel asked who owns the streets. Mr. Campbell said The Kimberlys, Chasewood, the Waterford are owners, and in addition , there are easements. Mr . Johns on said the Waterford would cooperate. He stated that the utilities a r e all buried. Mr. Carson asked if ti cketing is done on p r ivate streets. Mrs. Romans said it can be done if the streets are posted or if it is designated as a fire lane. Mr . Stitt entered into the Record addi tional conditions suggested by Pub l i c Service and the Traffic Engineer: 1 . Public Service asks that the required easements, especially as noted in Book 363, Page 142, be shown on the Final Plat, and that existing asements for gas be investigated. 2. Th Traffic Engineer recommends that a traffic study for the City and Department of Highways be prepared and submitted to the Department of Commun ity Development for co nsideration and review by the Traffic Engineer, the Department of Engineering Services and the Fire Department . Mr. Campbell agreed to the conditions. Mr. Stitt stated that Engineering Services will review the initial drainage plan , and that i t must be approved before building permits are issued. Mr. Steel said that would be i ncluded in Condition 3. Mr. Stitt said when the preliminary review has been addressed by the developer and those issues are taken care of and the review is completed; Condition 3 will have been met. Carson moved: McBrayer seconded: The Public Hearing in Case 25-85 be closed. AYES: NAYS: ABSE T: Barbre, Beier, Carson, McBrayer, Mesa, Allen, Steel. None . Magnuson, Gourdin. I • • • r{ • • • • -11- The Chairman declared that the Public Hearing was closed and declared that the Commission woul d recess for five minutes. The me eting reconvened at 9:34 p.m. with the same members present. Mr. McBrayer asked that the two conditions concerning easements and a traffic study be incorpora ted into any motion. McBrayer moved: Carson seconded: That the Planned Development be approved with the fourteen conditions listed below: 1. A fireflow delivery rate of 4,000 gpm at 20 psi residual main pressure be made available at the site. 2. The dedica tion statement on the plat be reworded to eliminate reference to streets, alleys, and rights-of-way. 3. A drainage plan be approved by the Department of Engineering Services. 4. An OPTICOM emergency vehicle traffic control device be installed at South Gilpin Street and U.S. 285. 5. Fire lanes be designated and meet the requirements of the Fire Department. 6. Parking is to be prohibited on Girard unless the street is widened as required by the En g ineering and Fire Departments. 7. Fire hydrants be located as required by the Fire Department. 8. An amenities/recreation package must be specified and included in the Plan. 9. The tot lot is to be relocated to the west of South Franklin Street extended. 10. Legal descriptions for all water and sewer easements must be approved. Water and sewer easements are to be labeled as such and not as utility easements. 11 . The Mountain Bell easement language is to be included on the Plat. 12. All ancillary service uses and subsequent changes in uses are to be approved by the Director of Community Development. Uses such as, but not limit ed to, barber shops, beauty shops, gift shops, coffee shops and dining facilities may be permitted as ancillary services for the convenience of person living in the development . No building permits will be issued for construction of the ancillary services building until a list of the specific uses or businesses has been s ubmitted , a nd those us es are approved by the Director of Community Development. Any subsequent changes in the approved businesses shall I • • ( • • • • -12- be submitted to the Director of Community Development for approval. 13. The required easements, especially as noted in Book 3663, Page 142, be shown on the final plat, and that the existing easements for gas be investigated. 14. A traffic study be prepared and submitted for the City and Department of Highways be prepared and submitted to the Department of Community Development for consideration and review by the Traffic Engineer, the Department of Engineering Services and the Fire Department. Discussion followed. Mr. Allen stated that the Planning Commission cannot force a developer to continue a plan such as the Waterford which is not financially viable; the applicant is requesting a plan well within the Zoning Ordinance. Mr. Beier said he is concerned with the traffic flow and street width. He stated that there is no provision for security within the Marks. He requested the City of Englewood to enforce the parking regulations; and noted that guest parking seems inadequate. Mr. Mesa asked what would be required in Condition #13. Mr. Stitt said the easements must be shown on the Final Plat. There should be no problem, as the developer plans to provide appropriate utility easements. Mr. McBrayer regretted that the Waterford had not succeeded, but said that the proposed plan will have less of an impact on the area, and does comply with the Comprehensive Zoning Ordinance. He said Girard may be relieved by the tra ffic study and and the developer's response to the study. Mr. Beier asked that the City enforce all of the landscaping provisions. AYE S: NAY S : ABSENT: Barbre, Beier, Carson, McBrayer, Mesa, Allen, Stoel. None. Magnuson and Gourdin. The Cha i rman ruled that the proposal was approved subject to the stated co n d itio n s . After approval of the Finding s of Fac t, the matter will be sent on to Coun cil . Mr . Beier lef t the meeting at 9:45 p.m. v. SATELLITE DI SH ORDINANCE. Public Hearing . McBraye r mo ved: Ca r son s econd e d: the Public Hearing for Case #19-85 be opened. AYES: NAYS: ABS EN T : Barbre, Carson, McBrayer, Mesa, Allen, Stoel. None. Beier, Magnuson, Gourdin. The Ch a irma n dec lared the Public Hearing open. CASE 1119-85. ~!r . Carson no ted that the Commission decided previously that the maximum I • • ( • • • • -13- height of a free-standing ground-mounted satellite dish shall be limited to 10 feet at the top o f the pole . The 25 feet in the Staff Report was in error, and was c hanged to 10 feet. Ms King said that the Chief Building Inspector asked that on the bottom of page three, Section (c) (iii), the text be changed to read, "satellite dishes shall not be mounted on any temporary stucture or any vehicle EXCEPT FOR SITING PURPOSES." The Commission agreed and made the same change on page 4 after Section (d) (ii). The City Attorney , having entered the hearing, stated that he had looked at other model codes, and fo und ours to be equal or superior to them. He stated that the FCC may make all such ordinances obsolete by reserving the regulation of satellite dishes t o the federal government. Carson moved: McBrayer seconded: The Public Hearing be closed. AYES: NAYS: ABSENT: Barbre, Carson, McBrayer, Mesa, Allen, Steel. None . Beier, Magnuson, Gourdin. The Chairman declared the Public Hearing in Case #1 9-85 closed. McBrayer moved: Barbre seconded: The Satellite Dish Ordinance be approved as amended. AYES: NAYS: ABSENT: Barbre, Carson, McBrayer, Mesa, Allen, Steel. None. Beier, Magnuson, Gourdin. The Chairman ruled the motion was passed. VI I. FINDINGS OF FACT. Carson moved: CASE #20-85 CASE #22-85 Allen sec onded: The Findings of Fact for Case #20-85, 3986 South Broadway, be approved as written. AYES : NAYS : ABSTAIN : ABSENT: Ba rbre , Carson, Mesa, Allen, Stoel. No n e . McB r a yer. Be ier, Magn uson, Gou rdin. The Chairman declared the Finding s approved as written. Barbre mo v ed : Carson seconded: The Finding s of Fa c t for Case #22-85, 1190 East Hampden Avenue, be approved as written. AYES : NAYS: ABSTAIN : ABSENT: Ba rbre , Carson, Mesa, Allen, Steel. None. Mc Bra yer. Beier, Magnuson, Gourdin. • I • - ( • • • • -14- The Chairman ruled that the Findings were approved as written. VIII. PUBLIC FORUM. There was no public present. IX. DIRECTOR'S CHOICE. Mrs. Romans stated that the City Council has approved the amended B-2 Zone District regulations, removing the retroactive clause, but requiring compliance with the landscaping requirements upon a change in ownership or stockholders, or upon relocation or enlargement of an existing lot, and by all new lots . The City Council required a ten foot setback, and requires that 80% of the required landscaping be in the front setback. She said the Council may also address some issues regarding sales tax and licensing. On October 7, there will be a Public Hearing on the rest of the changes to the Ordinance. Mrs. Romans expressed concern that when there are so many conditions placed upon the approval of a development such as the Marks, which conditions must be met before a Planned Development may actually take place; it may be better for a preliminary approval to be given, with the matter returning to the Commission in order that the Commission can be sure the conditions are met. Then when the matter is received by the City Council, it is in the final form. Mr. McBrayer suggested sending a letter to Council concerning the Marks, and requesting Council to return the matter to the Commission if the conditions are not clearly defined or if the results of the traffic study would require changes. Mrs. Romans said the staff will try to work with the developer to minimize any delay. X. COMMISSION'S CHOICE. Mr. Allen stated that he understood that a date had been set for the presentation to the City Coun cil on the collection and disposal of solid waste. Mrs. Romans said that the October 7th date had been set, but that it had t o be c hanged; and the date had not been reset. She said the Commission members wi ll be notified of the date. The meeting adjourned at 10:06 p.m. __/L,~ ~4«4./ Sh~s;IRecording Secretary • I • • • ( e • • - MINUTES Englewood Public Library Advisory Board September 10, 1985 The regular me e ting of the Library Advisory Board was called to order at 7:32 p.m. by Chairman Jerry Valdes. PRES ENT : Jerry Valdes, Debbie Dix, Bruce Hogue, John Peterson, Al Quaintance, Gerald Sampson, Kay Van Valkenburg REGRETS: Lois Sterling, Dorothy ~~eelehan ALSO PRESENT: Sharon Winkle, Director of Libraries Donna Gottberg, Recording Secretary Mrs. Barbara Hogue Roll call was taken and a quorum declared present. There were no scheduled or unscheduled visitors. 9 r. Chairman Valdes turned the meeting over to Ms. Winkle for the Director's Report . ~Is. Winkle presented an update on the Automated Library Management System (A LMS). Copies of a Council Communication regarding the A~~ were distributed with dis- c ussion following. A timeline schedule and a terminal placement schedule were distributed to tie in with the contract being submitted to Dynix, Inc. with Council's approval. ~Is. l~inkle noted that the LSCA Grant ended on August 30. The retrospective con- v ersion of the Library collection will now continue with Lib r ary personnel. Ap- proximately 70,000 i tems were entered for use with our system during the Grant period. Ms . Winkle presented a brief update on the 1986 Budget, beginning with background on the c apital budget item of the Bookmobile replacement. There is no fundi n g planned for the 1986 Budget for the Bookmobile, but alternative measures of fundin g are being discu ssed . The Ci ty Manager will present these alternative measures to Cou ncil and they, in turn, will evaluate the need to replace the Bookmobile in 1988. Repla cement is necessary for continuation of the program. As information, the Board Budget for 1986 (proposed) is increased by over 6\ the 1985 Budget . She had no line item details at this time. The Library Department 1986 proposed Budget is $697,083, which is an increase of 3 .2% over the 1985 Estimate. Council will have its Budget Retreat the end of this month, to further discuss certain items. Director 's Choice ~Is. Winkle passed along the information that the King Soopers property will be purchased by the City, which intends to sell the property to Brady Corp. Mr. Brady is planning two 10-story residential rental facilities. King Soopers plans to move to their new facility by mid October. The Library is still receiving parking complaints. ~!r . Espinoza is s t i ll awaiting l.'ord, i n writing, that the City may use the land east of the Library for addit ional parking. There has already been oral approval from First Na t i onal Bank for th is land use. continu ed .... I • • • • • • -2- There are 2 FTE vacancies. In the Children's Services Section and the Adult Services Section. o replacements are planned until January 1986. Ms . Winkle and Mr. Peterson noted they had heard Denver Public Library was planning a reorganization to be open more hours per week . ~Is. Winkle reminded the Board members of the Colorado Library Assoc . (CLA) conference to be held in October. Although no City funds are available for this she did want the members to be aware of the conference in case they would like to attend at their own expense. There was a discussion of the agenda items. Chairma n's Report ~lr. Valdes noted that he receives the American Library Assoc. (ALA) Newsletter, which he feels is interesting but not too informative. This had been discussed at previous meetings as to whether or not the Board would continue to join various organizations. Mr. Valdes brought up for discussion the possibility of Englewood Public Library (EPL) having a "sister" library. He suggested St. John, Virgin Islands, where he recently visited. The library there was in favor of this. After discussion it was decided that we correspond with this library and get a feeling for what could be accomplished by having a "sister" library. Members' Choice ~lr. Quaintance asked for the current word on the revenue situation. Ms. Winkle reported revenue was still down at this point in time. ~lr. Sampson asked for the financial outcome of the art print sale held last month. It was noted that almost $400 was realized in that sale along with books that were brought out for that da y . Al Quaintance has donated some records to the Library. ~Is. Winkle stated to Mr. Peterson that his changes in the survey questionnaire for APAL were accepted. Mr. Peterson asked the status of the Local History Project. ~Is. Winkle noted that proposals have been submitted, but a final rlecision on the best proposal had not been made. The Board commended John Peterson for his volunteer work in keeping the "never- ending" book sale going strong in the Library. Committee Reports John Peterson reported for the Committee to prepare a Job Description and Duties of Board ~!embers document. The document was presented to the Board for discussion. 85-20 ~lOTION: That the Job Description and Duties of Board Members document be accepted as outlined. ~loved by: Ge rald Sampson Seconded by : Kay Van Valkenburg ~lotion carried. continued .... .d . I • • • • • • -3 - 5-21 MOTIO N: That Ms. Winkle be d i rec ted to forward the above mentioned document to City Council . Moved by: John Peterson Seconded by: Al Quaintance Motion carried. Ms. Winkle plans to attend a legislative meeting this week. She will decide if this is a good time to contact Mr. Paulsen and invite him to lunch/breakfast, with selected Board members. This will be discussed at the October Board meeting. After discussion of the organizations and related fees it was decided that the Board continue to support the organizations they have joined in the past. 85-22 MOTION : That the Board keep memberships in various organizations as in the past. Moved by: Bruce Hogue Seconded by: John Peterson Motion carried. The Statistical Report for August 1985 was briefly discussed. 85-23 MOTION : That $200 be set aside from the Donor's Fund to have staff lockers painted and readied for staff u s e . Moved by : John Peterson Seconded by: Gerald Sampson Motion carried. 35-24 MOTION: That the Minutes from the August 13, 1985 Meeting be approved as presented. ~loved by: Al ~aintance Seconded by: Debbie Dix Motion carried. Meeting adjourned at 9 :18 p .m. 9-12-85 dg I . I • • • • 9 l BY Al1I'HORITY ORDINIOCE oo.S 1 SERIES <F 1985 COI.Jt.CIL BILL 00. 64 Itll'ROIXJ::EO BY C<lUtCIL Ma1BER BILO AN ORDINIOCE APPROVING SUPPUMWT 00. 30 TO SIXr1'H ARAPAHOE SANITATION DISTRICT'S CONNFl:ToR'S AmEEMDlr WITH THE CITY <F D«LEWooo TO ItCLUDE AOOITIONAL ~WITHIN THEIR DISTRICT BOUN:I!uuES. WHEREAS, South Arapahoe Sanitation District desires to annex an additional area of approximately 4.810 acres into its District; and WHEREAS, said area is now zoned R-2 Residential, and the proposal is for it to remain R-2 Residential; and WHEREAs, said annexation of this additional parcel of land will not increase the tap allocation to the South Arapahoe Sanitation District; and WHEREAs, it is necessary for said District to anend its contracts with the City of fhglewood to include this additional land within the District; OOW, 'DfEREFoRE, BE IT ORO\INED BY THE CITY COI.ltCIL <F THE CITY <F ~ooo. <XlLORAOO, that: Section 1. 1he Agreement between the City of fhglewood and South Arapahoe Sanitation District entitled "&Jpplenent ti:>. 30 to Connector's Agreement" be and hereby is approved. A copy of said Agreement is attached hereto and incorporated herein by reference. Section 2. 1he K:lyor and ex officio City Clerk-Treasurer are hereby authOrized to sign and attest, respectively, the said agreement for and on behalf of the City Council and the City of Englewood. Introduced, read in full, and passed on first reading on the 16th day of September, 1985. Published as a Bill for an Ord i nance on the 18th day of September, 1985. Read by title and passed on final reading on the 7th day of October, 1985. I • • • • • .. • PUblished by title as Ordinance No. __ , Series of 1985, on the 9th day of October, 1985. Attest: &Jgene L. Otls, Mayor ex off1cio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Ehglewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the Ordinance passed on final reading and published by title as Ordinance No. __ , Series of 1985. Gary R. Higbee • 1 J I • • • • - 0 • • • • SUPPLEI'IEN'l' NO. ~ TO CONNECTOR'S AGREEKIN'l' THIS AGREIMENT, aade and ente~ed into by and between the CI'l'Y or ENGLEWOOD, acting by and through ita dilly autho~hed MAyo~ and City Cle~k, b•~•inafter referred to ea "City,• and SOUTH ARAPAHOE SANITATION DI&'l'RICT, ~apahoa County, Colo~ado, he~ainafte~ referred to ae "Diatrict,• WITIIU&E'fl 1 WKEaEA&, on the lth day of Novaabar, A.D. 1157, the City ente~ed into a Connecto~'• Agree .. nt with the Dietrict concerning the connection of the Diet~ict eew.r collection facilitiee to the City'e eewage eyet .. , which Connector'• AIJ~•-nt wae 80at recently eupereeded by Connector'• Agre-nt dated the ltth day of June lti4J aDd WIIEJIEAS, eaid agre-enta provided that additional eervice areaa could be included within the liaite of the Diatrict w~th the written coneent of the City, MOW, 'l'tiERErORE, in conaideration of the pr .. iees and of the mutual covenanta of the partiea hereto, it ie agreed ae follows ; 1. The City does hereby consent to the incluaion of the additional area, aituate in the Cou n ty of ~•pahoa, &tate of Colorado, d~acribed •• follcwe, to wit : Property OVner; Property Desc~iptiona MAry Ann Lee As aore fully deecribeo in !xhib1t A attached h~reto and incorporated herein by r~terence. into South Arap3hoe Sanitat ion District, and agrees that sa1d add itional area may be served with the eewer tacilitius of the Di&trict, and that th e City will treat the sewage d iachargcd inlo the City's trunk lint: fron1 said additional area , all in accordance w~th th~ Conno:ctor'a Agreement dated June 19, 1984, • I • - • • • • • bet-en the City and the District. Accordinily, hhi bit A referred to in paregreph 1 of th~ Cor~ector•a Avre ... nt dated the Uth dey of June, 1184, ia hereby ... nded to include ~be additional area •• eet forth hereinabove. 2. Each end every other proviaion of the Modification to the Connector'• Agr .... nt dated the lttb day of June, 1114, eball r ... in unch&nve4, r• WITIIBSS Wllltii&OP, the partie• beve caned their -• and eeale to be herAQftto eubecribed end effiae4 tbie ____ day of ---------------· 1115. AftU'fa cffY cLiki (SEAL) Aft&S'fa stcRtTARr, bONILD e. scHRoEbfR CITY OP DIGLDIOCID iiAYOi SOUTH ARAPAHOE SANITATIO~ ~ISTRlCT ARAPAHCE COWITY, COLORADO ay.~~~~~~nn~~-.~~----f'II:s1btNf, CIIAR!!S I. liRUct -2- • I • • - .. • • • • • : : EXHIBIT 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: Ca.mencing at th~ 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 aa•sa•oo• 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 ae•se•oo• 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 feet1 thence North 68°58'00• East 635.00 feet to the point of beginning, containing 4.810 acres, more or less. • I • r I • ORDINMCE NO.~~ SERIES <F 198-5- • • • BY AIJI'HORITY COUNCIL BILL NO. 65 INTRODOCED BY COUOCIL MEMBER VOBEJ'DII. AN ORDINMCE PROVIDING FOR THE RELOCATION <F CITY C£ fNiLDiOOD 16-IlCH WATER LINE I:OCATFD ADJl\CENT TO THE UNION AVENUE BRIDGE AT THE SCX1rn PLATTE RIVER . WHERFAS, it is necessary to relocate the City of Englewood water line adjacent to the union Avenue l'l.mlp Station, at the sole cost of the State of O:>lorado water COnservation a:>ard, 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; NOW, 'rnEREFORE, BE IT ORDAINED BY THE CITY COUOCIL <F THE CITY <F ENCL~OOD, COLORAOO, that: Section 1. The Utility Relocation 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 s~.n~ of $103,970 for said relocation, is hereby approved. A copy of said Agreement is attached hereto and incorporated herein by reference. Section 2. The City shall contract for said work to be done on or before the 15th day of Ct:tober, 1985 unless otherwise approved in wr iting by the State . Section 3 . The Mayor and ex officio City Clerk-Treasurer are hereby authOnzed to sign and attest said Agreement for and on behalf of the City O:>uncil and the City of Ehglewood. 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. Read by title and passed on final reading on the 7th day of Ct:tober, 1985. • I . - • • • • • Published by title as Ordinance No. __ , the 9th day of October, 1985. Series of 1985, on Attest: J:Ugene L. 0t1s, Mayor ex off1c1o C1ty Clerk-Treasurer I, Gary R. Higbee, ex off i cio City Clerk-Treasurer of the City of &lglewood, Colorado, hereby certify that the above and foregoin:J is a true, accurate and canplete copy of the Ord i nance passed on final readin:J and published by title as Ordinance No. __ , Series of 1985. Gary R. Higbee l J I • • ( • • • .. .. :DEPARTMENT OR AGENCY NUMBER :CONTRACT ROUTING NUMBER UTILITY RELOCATION AGREEMENT THIS AGREEMENT, made this day of , 1985, by and between the State of Colorado for the use and bene- fit of the Department of Natural Resources acting by and through the Colorado Water Conservation Board, hereinafter referred to as the state, and the City of Englewood, a body politic and corpo- rate whose address is 3400 So u th Elati Street, Englewood, Colo- rado, here i nafter referred to as the city. WHEREAS, authority ex i s t s i n the law and funds have been budgeted, appropriated and otherv i se made available, and a suffi- cient unencumbered ba l a nc e there o f remains available for payment in fund number G/L accoun t number , con- tract encumbra nc e number : and WHEREAS, requ ired app rova l, clearance and coord i nation has been a c compli s hed f rom and v ith app r opri a t e a genci es ; a nd WHEREA S, the United St a t es Ar my Corps of Engin eers , here i n- af t er refe r r ed to as the "Corps," h as fo r mul a t e d pl a ns a nd de - signs to improve the flov of vat e r in the ch a nnel of the Sou t h Platte Ri ve r, hereina fter referred to a s the "River," in t he County of Arapahoe in the State of Colorado, through a construc- tion project knovn as the South Platte River Channel Improv ement Project, hereinafter referred to as the "Project"; and WHEREAS, as project sponsor, the state is requir e d to ob- tain for the Corps a cl e ar right-of-vay for construction of the project; a nd WHEREAS, the city is the ovner and in possession of a six- teen inch (16") water transmission line and associated equipment hereinafter collectively described as the "Waterline" which is currently located in the final channel r1ght of way of the river; Page 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 relocating or otherwise moving the Waterline the loca- tion of which is legally described in exhibit A attached hereto and incorporated herein by reference. The city has estimated the cost of said relocation to be $103,970 (one hundred three thou- sand nine hundred seventy dollars and no cents) which has been determined 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 is made to the Colorado Water Conservation Board, 7th Floor, 1313 Sherman 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 cost estimate shown on exhibit B that will result in the increase of the monetary estimate as stated herein by more than 1 0 percent of the estimate, shall re- quire written approval by the state. Any increased costs shall be documented, by unit cost, whi ch shall accompany the written request to a ~~nd the contract. Su c h requ est sha l l be delivered to the Colorado Water Conservation Board, 1313 Sherman Street, Denver, CO 80203, Attn: David Wa l ker, depu ty d i rector. Nothing contained herein sha l l requi re approva l of any su c h inc rease if same is attributable to negligence or avoidable de l ay by the city i n either contracting for or perform i ng t h e Water l ine relocation. 3. The costs pa i d by t he state pursu a n t to t h is agree - me nt sha l l be f ull comp e nsation to the cit y for a ll e ligibl e costs i n c ur r e d by the city in making s a id r e loc a tion . 4. Upon e x ecution of this agreement b y th e parti e s in- cluding the required approvals of the s tate, th e city shall be authori zed to proceed with the nec e ss a ry re locations or adjust- ments . The city shall prosecute the reloc a tion wo rk diligently and, i f the city enters into a contract with a third part y to perform th e relocation, shall require said third party to com- plete sa id re location on or before October 15, 1985. This date may be e x tended only with the wri ten approval of the Colorado Water Conse r vation Board. Page 2 of 7 pages • I • • t ( • • • .. 5. All records pertaining to said relocation will be re- tained by the city for a period of not less than 3 years after final payment. 6. Should the contractor be required to subcontract any portion of the work involved under this contract, the state con- curs that the work herein be accomplished with forces other than those of the contractor and the contractor agrees to require any and all subcontractors to abide by those provisions contained hereinafter in paragraph 9. 7. If the relocatio n work is awarded to the Corps' con- tractor, this contract shall become null and void and of no fur- ther force and effect, thereby releasing all parties from any ob- ligations thereunder. 8. The parties hereto represent and affirm that the sig- natories to this agreement are legally authorized to bind the parties. 9. This agreement shall not be deemed valid until it shall have been approved by the controller of the State of Colo- rado or such assistant as he may designate. This prov1s1on is applicable to any agreement or contract involving the payment of money by the state. 10. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscr imin ation Act of 1957, as amended and other applicable law respecting discrimination and unfair em- ployment practices pursuant to section 24 -34-4 01, C.R.S. (1973) and as requ i red by Executive order, Eq u a l Opportunity and Aff i r- mative Action, dated Apr il 16, 1975. Pursuant thereto, the fol- lowing provisions shall be contained in all state agreement s, contracts or subcontracts: During the performance of this agreement, the contractor agrees as follows: 1. The contractor will not discriminate aga inst any employee or applicant for em- ployment because of race, creed, color, na- tional origin, sex, ma~ital status, reli- gion, ancestry, mental or physical hand i- cap, or age. The contractor will take af- firmative action to insure that applicants are e mployed, and that employees are treated during employment, without regard to the above mentioned characteristics. Page 3 of 7 pages • I • • I ( • • • ,. - Such action shall in clude, but not be lim- ited to the following: employment, upgrading, demotion, or transfer, recruit- ment or recruitment 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, a nc es t ry mental or physical hand- icap, or age. 3. The contrac to r will send to each la- bor union or representative of workers with whi ch he has collective bargaining agree- ment or other contract or understanding, not ic e to be provided by the contracting officer , advising the l abor union or work- ers ' represe ntative of the contractor's commitment under the Executiv e Order, Equal Opportunity and Affirmative Act ion, dated Apr il 16, 1975, and of the rules, regula- tions, and relevant Orders of the Governor. 4. The contractor and labor unions will furnish all information and reports re- quired by Executive Order, Equal Opportuni- ty and Affirmative Action of April 16, 1975, and by the rules, regulations and Or- ders of the governor, or pursuant hereto, and will permit access to his books, records, and accounts by the contracting agency and Office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regu- lations and orders. Page 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 expel 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- ment 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 agreement may be cancelled, terminated or suspended in whole or in part and the con- tractor may be declared ineligible for fur- ther state contracts or agreements in ac - cordance with procedures, aut hori zed 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 imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative Action of Apr il 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- visions of paragraphs (1) through (8) in every subc ontr a ct and subcontra ctor pur- chase order unless exempted by rules, regu- lat ions, or orders issued purs uant to Exec- ut ive Order, Equa l Opportunity a nd Affirma - tive Action of Apr il 16 , 1975 , so that such Page 5 of 7 pages • I • • n ( • • • .. provisions will be binding upon each sub- contractor or vendor. The contractor wi ll take such action with respect to any subcontracting or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including sanctions for noncompliance: provided, how- ever, that in the event the contractor be- comes involved in, or is threatened with, litigation with the subcontractor or vendor as a result of such direction by the con- tracting agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. 11. Provisions of section 8-17-101, and 103, C.R.S. (1978) for preference of Colorado labor are applicable to this agreeme nt if public works with in the state are undertaken hereun- der and are financed in whole or in part by state funds. 12. Contractor, in consideration for state's promises herein set forth, promises to indemnify, save and hold harmless the state, its em ployees and agents, against any and all claims, damages, liability and cou rt awards including costs, expenses, and attorne y fees incurred as a result of any action or omission by the contractor, or its employees, agents, subcontractors, or assignees in connection with the 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, execution and enforcement of this agreement. Any provi- sion of this agreement whether or not incorporated herein by ref- erence which 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 execution. 14. The signatories hereto aver that they are familiar with sections 18-8 -301, C.R.S. (1978) (Bribery and Corrupt Influ- ences) and 18-8-401, C.R.S. (1978) (Abuse of Public Office), and that no violation of 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 GENERAL DUANE WOODARD By:--------------------------- A. H. JEWELL, JR. F i rst Assistan t Attorney Genera l 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 HUL P AG File No. CNR8503455/JR Page 7 of 7 I • • r ( • • • • 9 t._ BY AtrrHORITY ORDINA!CE oo.c§'q SERIES CF 1985 COOOCIL BILL 00. 68 INI'RODOCED BY CornelL MFMBER BRADSHAW AN ORDINAN:E APPROVING AN AGREEMENI' BE'IWEEN THE CITY CF ~OOD, COLORADO, AW REGIONAL TRANSPORTATION DISTRICT (RTD) FOR CON:RETE REPAIR WORK AT THE SOIJrlfiEST CORNER CF SOUTH B~Y AND WEST YALE AVENUE. WHEREAS, each year the City requests funding fran RTD to repair concrete that has been dil!laged by their buses at various locations throughout the City; and WHEREAS, RTD has approved for 1985 the reconstruction of the curb and gutter with five-foot pad at the southwest corner of SOuth Broadw:iy and west Yale Avenue; IO<J, THEREFORE, BE IT ORDI'\INED BY THE CITY CornelL CF THE CITY CF ~000, COLORADO, that: Section 1. 'ftle agreement between the City of ~lewood, Colorado, and the Regional Transportation District, entitled "Regional Transportation District Transit street Improvanent Agreenent," for reconstruction of curb and gutter with five-foot pad at the southwest corner of SOuth BroadW!y and west Yale Avenue be and hereby is approved. A copy of said Agreanent is attached hereto and incorporated herein by reference. Section 2. 'ftle Mayor and ex officio City Clerk-Treasurer are hereby authorized to sign and attest, respectively, said Agreement for and on behalf of the City Council and the City of ~lewood. 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 . Read by title and passed on final reading on the 7th day of October, 1985. • I • • ( ( • • • • Published by title as Ordinance ~. __ , the 9th day of October, 1985. Series of 1985, on Attest: Ellgene L. Otls, Mayor ex officio C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Fnglewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the Ordinance passed on final reading and published by title as Ordinance ~. __ , Series of 1985. Gary R. Hlgbee • 1 J I • • • • • • REGIONAL TRANSPORTATION DISTRICT TRANSIT STREET IMPROVEMENT AGREEMENT AGREEMENT made this day of 198.5, by and between the City of Englewood, hereinafter referred to as "Grantee," and the REGIONAL TRANSPORTATION DISTRICT, a political subdivision of the State of Colorado, hereinafter referred to as "RTD." WITNESSETH: WHEREAS, the RTD has established a Transit Street Improvement fund for the purpose of implementing transit related street improvements; and WHEREAS, the Grantee has filed 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) described in Exhibit A; and WHEREAS, the parties hereto desire to implement capital improvements described herein. NOW, THEREFORE, 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 PURPOSE 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 accordance with the terms of this Agreement. SECTION TWO THE PROJECT The Project consists of the design and construction of a bus pad, .5 foot pan (60'), as described in Exhibit A attached hereto. SECTION THREE THE GRANT The RTD will provide the Grantee the total cost of the project or FOUR THOUSAND ONE HUNDRED NINETY TWO AND N0/100 DOLLARS ($4,192.06), whichever is less. 7/8.5 a. Where the Grantee performs the Project work through its own work 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 Project work is part of a larger capital improvement, the RTD will provide the Grant funds 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 for the Project, if any. b. The Grantee will provide design document review, construction inspec- tion, and engineering servi ces 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 its own work force or cause it to be constructed through formally advertised, free, open, and competitive bidding, and in accordance with such additional terms and conditions as the RTD may require. f. The Grantee shall permit and shall require its 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 completion of the work to be performed under this Agreement on or before November 30, 198.5. Grantee shall obtain the RTD's final inspection and written concurrence in the acceptance of the completed project improvement on or before December 1.5, 198.5. SECTION SIX 7/8.5 Grantee Construction -2- • I • • • • • • DESIGN APPROV At The Grantee shall obtain the RTD's written approval of any street improve- ment plans prior to receiving construction bids. As part of this apprcval 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 inspection and written concurrence in the acceptance of completed Project i mprovements . The RTD, upon granting final acceptance, and receipt of invoices acceptable to and approved by RTD will within thi rt y (30) days thereafter, make payment in the amounts specif ied in Section Three above, in conformance with the conditions stated therein. SECTION NINE HOLD HARMLESS -RTD NOT LIABLE Grantee agree s to save and hold the RTD harmless from and against all suits, c laims, and demands based upon an y a lleged damage to property or any alleged inju r y t o perso ns (including deat h) which may occur or be alleged to have occ urred by or on account of any negligen t a ct or omissio n on the part of the said Grantee, it s subcontract ors, or any of their servants, e mploy ees, or agents. The Grantee, at i t s 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 use thereof unless caused solely by the negligence and/or omission of RTD employees. SECTION TEN PROH IBITED INTE RESTS No officer, member. or employee of the RT D, and no members of its governing body, and no other public official or employee of the gov e rn ing bo dy of the locality or localities included within the District, d ur ing his or her tenur e or fo r one year ther after, shall have any interest, direct or indirect, in t his Agreement, or the proceeds there of. 7/85 G-antee 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. Equal 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 & regulations, and all local laws, 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. 7/8.5 Grantee Construction -4- , I . - • • • • IN WITNESS WHEREOF , the parties have duly executed this Agreement, effective the day and da te first above written. APPROVED AS TO LEGAL FORM FOR THE REGIONAL TRANSPORTATION DISTRICT By Legal Counsel ATTEST: REGIONAL TRANSPORTATION DISTRICT By General Manager GRANTEE: The C ity of Englewood By -------------------------By Title ------------------------------ 7/85 Grantee Construction -5- • I • • - • • • • • EXHIBIT A City of Englewood 1985 Transit Street Improvement Projects Location South Broadway at West Yale Southbound. Project Bus Pad (60') 5' Pan TOTAL • RTD Fund $ 4,192 $ 4,192 I • • ( • --=== 7_ 7L '3) > q Ql II -•• i ~ -1-- •I) ~ -• S 'vi Corner '(CLie.. ·~-6roctdv.'a.y I 7 --~ I 61.~ 3o. Br.dr. {'(.e.r.,ove VCfC: - '' ,-/. 'o Con~+-8 vct75 rQ/1 Con!>+. 8" vc.fc; --- Re.,..ove As.t't!ALI lht'II<Lit P..,._+o:.l? 61.5 LF 5/.SLF /00 LF' 215 .s.F: 0.5 idl Con!>+. 4''\./,11(_ ::!>75 .S.F. .S~w Cone-------..31. 3 LF' - ENGINIEEitiiM O€NitTMIENT CIT'Y OF £111/.EWDtJD, COI.(}ftAIJD ~ED RECONSTRUCTION for R.T.D. ,.., 6f: OLf/ on.: St~~n_I,BS I II I : • • r • ORDINANCE NO. (Q () SERIES OF 1985 • • .. BY AUTHORITY COUNCIL BILL NO. 70 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE APPROVING AN AGREEMENT ESTABLISHING RESPONSIBILITIES BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY. WHEREAS, the City has, by Resolution No. 48, Series of 1972, created the Englewoood Housing Authority under the Housing Authorities Law of the State of Colorado; and WHEREAS, it is in the best interest of both the Englewood Housing Authority and the City of Englewood to cooperate in the delivery of housing services to Englewood citizens; and WHEREAS, pursuant to Section 18 of Article XIV of the Constitution of the State of Colorado, and pursuant to the provisions of Section 29-1-23, C.R.S. the Englewood Housing Authority 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 COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO that: Section 1. The agreement between the Englewood Housing Authority and the City of Englewood (entitled "Agreement Establishing Responsibility Between the City of Englewood and the Englewood Housing Authority") is hereby approved, a copy of which agreement is attached hereto and incorporated herein by reference. Section 2. The Mayor and ex officio City Clerk-Treasurer are hereby authorized 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. Read by title and passed on final reading on the 7th day of October, 1985. Published by title as Ordinance No. of 1985, on the 9th day of October, 1985. Eugene L. Otis, Mayor ATTEST: ex officio City Clerk-Treasurer , Series I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1985. Gary R. Hlgbee l I • • r • • • • AGREEMENT ESTABLISHING RESPONSIBILITIES BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY This Agreement, entered into this day of , 1985 , by and between the City of Englewo od, -a-=c,-o'l_o_r_a-d'o---:M:-:u-n~icipal Corporation (herein called "City") and the Englewood Housing Authority, a body politic and corporate under the Housi n g Authority law of the State of Colorado (herein called "Authority"). WHEREAS, the City has by Resolution No. 48, Series of 1972, created the Englewood Housing Authority under the Housing Authorities Law of the State of Colorado; and WHEREAS, it is in the best interest of both the Englewood Housing Authority and the City of Englewood to cooperate in the delivery of housing services to Englewood citizens; and WHEREAS, pursuant to Section 18 of Article XIV of the Constitution of the State of Colorado, and pursuant to the provisions of Section 29-l-23, C.R.S. 1973, as amended, the Authority and City are each authorized to cooperate or contract with one another to provide any function, service, or facility lawfully autorized to each of the cooperating or contracting units. NOW, THEREFORE, in consideration of the promises, covenants, terms and conditions hereinafter set forth, City and Authority agree to the following: 1. Program Responsibilities and Coordination a. The Authority is responsible for the admin- ist rat ion of the public housing, Section 8, Section 8 -Existing , and AARP programs and other programs which may be approved from time to time in the Authority work program . b. The Authorit y and City will share in the administrat ion of the Community Development Block Grant (CDBG) Housing Rehabilitation Program. The specific duties of staff members are outlined in the personnel section. The decision of whether to apply for additional 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 Program. 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, the Authority will prepare a request for funding from the City and for the rendering of in kind services and submit these to the City Council for consideration. Said request will illustrate the manner in which City funds and services will augment the goals and objectives of the Authority for the next year. The Authority will confer with City Council regarding the goals and objectives of the Authority on an annual basis with the objective of coordinating the housing goals of the Authority and the City. The City reserves the right to approve or disapprove the Authority request for funding and the use of in kind services on a year to year basis. Personnel a. The Authority will fund all Englewood Housing Authority positions. b. The Authority will hire its Executive Director with City involvement in the selection process. The Authority Director will report directly to the Commissioners for all Authority activities with the exception of the Community Development Block Grant Programs • • l I • • r • c. d. • • .. -3 - The C i ty w ill fund the sa l ary and bene fi ts for the Hous i n g Rehabi li tat i on Supe rvisor and Housing D iv is i on Secretary. The Housing Division Secretary will have exempt status. All CDBG posit i ons will be funded by the C i ty based on annual grant appropriations. The Author i ty will pay for the salary and benefits package of all employees other than those l isted in (c). e. The City Community Development D i rector will superv i s e the work of the Authority Di rector for the administration o f t h e CDBG Hous i ng Rehab i l i tat i on Progr a m and the Housing Div i s i on Budget. f. The Authority Director will super vi se the day to day work of the Housing Rehabiliation Supervisor, Secretary, CDBG funded Hous i ng Rehabilitat i on pos i tions. Any problems with these employees will be brought to the attent i on of the Community Development Director. g. The Authority will supervise the work o f the Author i ty Di r e ctor for all oth e r programs. h. The Authority Director wi ll prepar e written evaluations of the staff members l i sted i n (e) twice a year and w i ll re vi ew thes e evaluations with the Community Development Di rec to r prio r to r eviewi n g them w ith t he staff member . i. The Authority will p r epare semi-a nnu al wr i t t en evaluations of the Englewo o d Housi n g Autho r ity Director af t e r consultation with the Commun i ty Dev elopment Director regarding the adminis t ra ti on of the CDBG program. A final wr i tte n eva luation as prepared by the Engl e wood Housing Auth o r i ty will be submitted to the Community Development Director . If problems arise, the Community Developm e nt Director and the Authority Co mmissioners will immediately meet to resolve the probl e m. If the problem is not resolved , a n d the Community Development Director d o es not feel the Authority Director is pr o perly administering the CD BG Program , the Co mmu n ity Development Director may recomme n d to the City Manager and City Council that this ag r eement be amended to remove the administrati o n of the CDBG Program from the responsibilities of the Author i ty Director • I • - 3. - • • • • -4- j. The C i ty will prov i de payroll services for all City, CDBG and Author i ty funded pos i tions at no charge. k. The Authority Director wi ll attend Commun i ty Development Department -Division Head Staff Meetings as listed by the Community Development Director and will keep the Community Development Director informed of general activities and programs of the Authority. Administrative Services The City, through various departments, shall pro vi de certa i n administrative services, and the Authority shall adhere to the adminis- trative rules and regulations of the City. Services include the following: a. Office Space -The City will provide office space for CDBG and Authority funded positions, and if possible, off i ce space for other Authority pos it ions at no charge. If the City plans to reduce the office space pre- sently availabl e for Authority positions, the City will pro vi de 60 d a ys notice to t he Author ity. b. Accounting -The City will prov i de general accounting services for th e CDBG-fund e d programs i n accordance wi t h C ity proc e dur e s. The Authority i s respons i ble f or prov i ding account i ng services for all of the Authority hou sing programs. The C i ty w i l l pro vi de the n ece ss a ry work papers f or t he EHA t o comple te the a ud it o f the CD BG h ousing r e h a b pro gram. Th e C i ty wi l l pay fo r t h e cos t o f t h a t p o r tio n o f t he EHA aud it . c . P rocu r eme n t -the Purchasi n g Division of the Finance Department shall procure a ll mate r ials a n d supplies necessary for the i mplementati o n of the CDBG-fu n ded Housing Reha b ilitation programs and o ther Housing Divi s ion activities . The Authority is respo n sible for procuring materi a ls and sup p lies for all other p r og r a ms . d. Pe r so nn el -The City will c o nti n ue to assist as needed in the hiring p r ocess for the Engle- wood Housing Authority positions . All EHA e mp l o yees w ill be hi r ed on a contract basis w ith the EH A • l I • • - r • 4. 5. • • • -5- e. Vehicle Maintenance -The City wi l l provide vehicle ma i ntenance, gasoline and oil for all Authority vehicles through the City Serv i center 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, dental, 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 for the CDBG-funded housing rehab program. Agreement 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 for this review is outlined in 1 (e). Agreement Termination This agreement may be terminated by either party with thirty (30) days written notice. In Witness Whereof the parties have signed this Agreement as of the day and year first above written. CITY OF ENGLEWOOD ATTEST: Mayor ex off1c1o Clty-Clerk Tr e asurer ENG L EWOOD HOUSING AUTHORITY ATTEST: Cha 1 rman, EURA Secretary • I • I • ORDINAN:E 00. 0 I SERIES CF 198-5- • • • BY Al1l'HORITY 9 COUNCIL BILL 00. 71 INTROOOCED BY CO!.JN:IL MEMBER BRADSHAW AN ORDINAN:E GWa'ING TO THE ENGL~OOO HOUSING Al1l'HORITY $50,000 FOR THE ENGL~OOD H<ME REliABILITATION PROGU\M AID AMI'liDING AN AGRE~ BE'IWEEN THE CITY CF ~000 AND THE ENGL~OOD HOUSING Al1l'HORITY FOR A!MINISTRATION CF THE H<ME REliABILITATION PROGU\M. WHEREAS, the City of ~lello'OOd has received a Fifty 'lhousand Dollar ($50,000) grant from the Colorado Division of Housing to operating a housing rehabilitation program; and WHEREAS, it is necessary to amend and clarify the agreanent between the Housing Authority and the City of ~l ewood concerning the Housing Rehabilitation Program; NCM, THEREFORE, BE IT ORDIHNED BY THE CITY C(){JN:IL CF THE CITY CF ~000, COLORAOO: Section 1. '!hat the City of ~lewood shall amend the agreanent under Ordinance No. 45, Series of 1984 , with the Housing Authority titled "An Agreanent Between '!he City Of ~lewood And '!he Englewood Housing Authority Regarding The Policies Governing '!he Housing Rehabilitation Loan And Grant Program Of The Englewood Housing Authority (4/84) ." Said amended agreanent is attached hereto and incorporated herein by reference. Section 2. The City of ~lello'OOd hereby grants to the ~lewood Hous1ng Authority the sum of Fifty 'lhousand Dollars ($50,000) to be used in accordance with .Application Grant N..tnber under 24-32-705 C.R.S. 1983, as amended, and the Agreement described in Sect ion 1 hereof. Section 3. All ordinances and resolutions in conflict with the foregoing are hereby repealed. Section 4. '!he City Council of the City of ~lewood, Colorado, hereby authorizes the Mayor and the ex officio City Clerk-Treasurer to sign and attest sai d amended agreanent on behalf of the City of Englewood and City Council. Introduced, read in full , and passed on first reading on the 16th day of Septanber , 1985 . • I . - • • • • Published as a Bill for an Ordinance on the 18th day of September, 1985. Head by title and passed on final reading on the 7th day of October, 1985. Published by title as Ordinance No. the 9th day of October, 1985. Attest: ex off1cio C1ty Clerk-Treasurer , Series of 1985, on fugene L. ot1s, Mayor I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of tbglewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the Ordinance passed on final reading and published by title as Ordinance No. __ , Series of 1985. Gary R. H1gbee • l I • • 85 • • • - AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY REGARDING THE POLICIES GOVERNING THE HOUSING REHABILITATION LOAN AND GRANT PROGRAM OF THE ENGLEWOOD HOUSING AUTHORITY (9/85) • The City and the Authority agree as followsr 1. The Englewood Housing Authority, herein called the "Authority" through its personnel, 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 execution of the Housing Rehabilitation Loan and Grant Program, herein called the "Program", in a c cordance 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 procedures. 2. Application for eaaiatance ehall ba firat aubmitted to end approved by the Authority undn pol:l.d.e& adopted by the Authority. 3. Upon receipt of en application, the Authority ehall cauee an in- epection to be made of the applicant'• reaidence end, if deemed neceaaary, ahall: •· Cauae • detailed liat and explanation to be made of ell action& and work required to eliminate or repair the condition& of the re&idence which make it aub- &tandard. b. Cau&e an e&timate of the coat of auch repair& to be made. c. Ob tain &ufficient documentation that the applicant had aood title to &aid reaidence. d. Make en e&timata of the value of the applicant'& equity in &aid reaidence. e. Prepare and verify a eocial and economic profile of the applicant which &hall include: Family compoaition, family income, place of employment, if any, of ell family member&, approximate date of purchaae of reai- dence, and exi&ting indebtednea& aecured by &aid re&idenc:e. f. Prepare a prelimina ry analy&i & of applicant'& ability to repay any fund& ~de available to applicant under t he program. 4. ~ !h£ pre pa ration of !11 report&~ anely&e s required~ thi& Agreement, !.!l!! ~ approvinr ~~grant applicati ons , ~ f ol lo..,i n[: po licie& .!l!!ll. ~ ~ E!. follo\Jed ~ the Authority. I • • • • - , ' ' 1. u~c. "'H.l Purpo~;c. Loans and aranta are made available for the purpoaa of perm.nent i111provamenu, addit1ona, or othor houaine rohob!Utotion nml 11101y only bu u•wd fora A. lepa1ra and tmprove .. nte to ... t Cit7 ~de ltaDdarde. J, Handicap ratrof1tt1na. c. Eneray CODaervat10D illprov.~~aDte. D. : Elimination of 1nc1p1ant v1olat1aae of the CitJ Coda. 1. C.neral propert7 tmprov.-.ute. 11. EliaibilitY for Loana A. EUaibla lorrovere. Loane eball M .. de only to penona who own the property~ which the improvement• will be aada. J. El1s1ble Propertiea. Loane eball be aada only for reaident1al properties conta1nina four dwellina unite or leaa located in the City of Enalevood. III, Eligibility for Grants A. Eligible Grantees, Grants shall be made only to natural persona who own and reside in the property on which the improvements will be made, Grantees must meet the then current income eligi- bil ity limits as set forth by the funding agency, B. Eligible Properties. Grants shall be made only for residential properties located in eligible neighborhoods, IV. Priorities v. 9/85 A. Priority Neighborhoods. At least once each year the Authority will determine Priority Neighborhoods, The Priority Neighborhood will be designated in the applicable funding proposals to the State or the City as appropriate, B. Application Priority . 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 . Applications shall be acted upon in the following order: fir ct priority -emergencies which threaten the immediate health and/or safe ty of the applicant; second priority -all very low income families; third priority -al l low income single heads of household; fourth prior ity -all low income intact families . Within each p riority, the date a nd time of rP.quest for assistance will determine the order of processing each app lication. Prioritie s for Use of Loan and/or Grant Funds With i n each application fu rthe r priorities are hereby identified to determin the amount of t he loan usable for each purpose: first -2- I • • • • • priority -fundb required to bring property to City Co~~ ttanJar~h; S(:conu priority -!un<lL !or hon~icop rt:trofittina:; Ll •lr<l prlurily - funds for energy conservation improvement•; fourth pr1~r1ty -funds to cure incipient violations of the Code; fifth priority -aenercl property improvements. VI. Loan Limits A. MonP.tary 12!!:!, !!!!!!.· At luat ODce e year the Authority vill determine the l~an ltaita. 1. Limits !!!,!! !!!!. Apprabal, Motvithatendina the above, a loan aecured by a firat dead of trust aball not axcaed 90% of the appr~iaal value of the property aa detarainad by a qualified appraiaer. ~f the loan 1a aacurad by a aecond daad of truat, the total of the f1rat loan "and the property rehabilitation loan ahall not exceed 90% of the appraised value of the property as determined by a qualified appraiaar. Loanw aecured by a third or fourth deed of truat ahall not exceed 80% of the ap- praiaed value of the property aa determined by a qualified appraieer. VII. Crant Limits At least once a year the Authority will determine the maximum arant amount. Vlll • 1!!!!!_ 9/8 5 A. Loans will b~ aecured by a deed of trust. 1. Property improved by a arant ahall be aecured with a lien thereon. Repayment of the arant in the event of payoff, aale, conveyance or other transfer of the property excluding death, or if the hou~­ tna unit ia uaed other than as the arantea(a) prtmary houaina unit, arantee(a) aaree to the followin& repayment conditiona: (1) Grantee(a) ahall repay 100% of the &rant ahould the property be aold, conveyed, tranafarred or delivered durin& the firat twelve months, inclusive, after aianin& of the Grant Aaraament. (2) Crantee(a) ahall repay 80% of the arant ahould the property b e aold , c on veyed, transferred or delivered durin& the fol- lowing period of time: 13 th through 24th mon th after aiantng of the Grant Agreement. (3) Cr ante e(a) shall r epay 60 % of the arant s ho uld the property be aold, conveyed, t r a ns ferred or delivered during the fol - lowing p eriod o f time: 2 5th through 36th mon th after sign - ing of the Gran t Agre emen t . (4) Grantee(s) shall repa y 40% of the grant sh ould the property be 5ol<l, co nveyed, trans fe r red o r d ~liv e r ed durin~ the fol- lowi~g period of t ime: 37th through 4 8 th month after signin£ of the Grant Agre e mrnt, -3- I • • • • • (!.) Gr <:ntt·t: (l.) .. tau) 1 HJ.>;>)' 20,; of tlo ~.< pilnt t.la!Ju]J Lla'• }'TUJ•L'rtY bt: sDld, cDnvey~d, trcnsferred or dcl1v~r~d duri ~t tht: ful- . lo~oo·ir•c pt:t i!Jd: lo~th throui;lo £>0tla MHoLh ilfl"r .. .icniroj; llut Grant Arr~e men t. (6) Grentee(s) shall not be required to repay tht: ~rnnt ahould th" property be aold, conveyud, tr~n~Currud ur ~"!ivurud follo~ina the 60th month after aiantna of the Grant Aaraa .. nt. Repayment ahall be .. de to the Proaram account. IX. Credit Factors for Loan A. Ability ll !!I_. All credit decidona ahall be band only on the applicant'• ability to ~epay the loan. Action on loana ahall not be baaed on, or influenced by, the race, creed, color, national ori&in, marital atatua, aax or aae of the applicant. B. Normal Rate Loana. The normal interaat rate ahall be the ~ity'a ~nt borrow1Da rate for funda for property rehabilitation purpoaea, plua a 11 aarvice and adminiatrative fee. C. Less Than Normal llate Loan. If the applicants are a "moderate", 'io~" or-r.very low~come-family, and the application meets all other policies the Authority will approve the loan at less th~n the norm&l interest rate. X. Loans for Re ntal Property Loans covering property ~here the owner is not a resident of the property s hall be in accordance with policies aet forth by Authority. If the a pplica tion is approved, the o~~er •hall agree to enter into a contra ct ~it h the Authority to keep rents within the reach of low or moderate incom ~ families and/or make the property eli&ible for Federal Section 8 Huusing Aasiatance Payment&. Loans for the purpoaea .of general property improvement& ahall be limited to 30X of the total of the loan approved. XI. Construction Work done with the proceeds of a loan and/or arant 1hall be accom- plished by a licensed aeneral contractor. XII. Repayme ~t of Lo&n 9/85 Repeyment terc~ s h ell ~ot exceed 20 year6. Loans shall be repayable in equel installmen ts of principal and interest due on or before the fSrtt of each month. I • • • • - ~. The Authority or dcdgnoted of£ie1ol tihall then c:x;uodall • mul ,.v .ol- uvte the application, tOK~thcr ~ith all required r~port& and findinK&o vnd either approve, reject, or modify and approve auch appl1cot1on. Thc dcchiou of the Authority shall be final and bindin& upon the applicant. 6. The Authority ahall require repay .. nt of loana and/or aranta aa aet forth in aatabliahed policiea. 7. All funda 'repaid by applicant• aball ba uaad only for aiailar loana or aranta of houaina rehabilitation aaaiatanca to applicant• approved by the Authority. 8. The ~uthority or deaianated official ahall approve all loana and/or aranta under this proaram by appropriate action when aatiafactory evidenca ~r the followin& haa been aubmittad· to the Authority! •· Applicant haa aood title to the reaidenco. b. Loan applicant• ahall have aufficient equity therein to justify aa1d 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 licenaed to perform and complete repaira required to rehabilitate the residen ce. d. That aaid residence, after rehabilitation and repairs, will be maintained in a aatiafactory .. nner. e. Loan applicants should prove an ability to repay the loan. 9. All peraona and entitiea entarin& into contract• with applicants for repairs and rehabilitation of any aubatandard residence ahall be an equvl opportunity employer and ahall comply with all applicable Federal, City and State codaa, atatutea and ordinances. 10. The Authority ahall aenerally auperv1se all repair and rehabilita- tion conatruction and shall authorize payment for aame when substantially performed in accordance with the construction contract entered into by appli- cant and approved by Authority. 1 1. Th e Au thor i t y may estebliah thoae accounta and allocate thoae funda nece a sa ry to fulfill the provis i on s of thia agreement. 12, The Authority shall prepare ad mi n i s trativ e proc edu re s to i mp leoo e n t the intent of this contract a nd Au t ho rity policies . 13. The Authority shall su bmi t an a nnua l rep ort to th e City Counci l regardin& t he perfor~nce of the program. 14 . This AEreement shall b e binding upon the parties hereto and th£ir aucce~&oTs. -5- ')/85 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 Ci:ITY OF ENGLEWOOD, COLORADO a Municipal Corporation By=-----~~~--~------------------Eugene L. Otis, Mayor ENGLEWOOD HOUSING AUTHORITY By~----~--------~~--------------Thomas J. Burns, Chairman • I • r • ORDINAOCE 00. {J;cZ SERIES OF 198_5_ • • - BY AUTHORITY 1 0 COUNCIL BILL 00. 63 INTRODOCED BY COUNC IL MEMBER VOBEJDA FOR AN ORDINAOCE AMfK>ING THE CCJ1PREHENSIVE ZOOING ORDINMCE, SECTION 16.2, ADMINISTRATION OF THE ORDINAOCE; SECTION 16.3, PROCEDURES FOR INITIAL ZONING OF PROPERTY, REZONING, AND CHANGES AND ~S TO THE ORDINAOCE; SECTION 16.4-17, FEOCES AND RETAINING WALLS; SECTION 16. 4-18, LANDSCAPE ORDINAOCE; AND SECTION 16.4-19, SI~ COOE. WHEREAS, after Notice of Hearing published in the Englewood Sentinel on July 3, 1985, the City Planning and Zoning COmmission held public hearing on certain proposed changes to the Comprehen- sive Zoning Ordinance on July 16, 1985; and WHEREAS, the City Planning and Zoning COmmission recarmended to City COuncil after the public hearing that the proposed revisions to the Comprehensive Zoning Ordinance, as approved by their motion, be adopted; ~. 'niEREFORE, BE IT ORDI'\INED BY THE CITY COUNCIL OF 'niE CITY OF ENGL&l<XX>, COU>RAOO, that : Section 1. That Section 16.2-8 Jurisdiction of the Board is hereby amended by adding a new Subsect10n b (1) (C) , relat1ng to variances, to read as follows: 16.2-8 b (1) (c). IN PASSING UPON VARIANCES TO THE SI~ COOE, SECTION 16.4-19 OF 'niE CCMPREHENSIVE ZONING ORDINAOCE, 'niE BOrUID OF ADJUS'lMENT AND APPEALS SHALL DETERMINE 'niAT: (i) THERE ARE SPOCIAL CIRClMSTANCES OR CONDITIONS SOCH AS THE EXISTEOCE OF BUIIDINGS, TOPOGRAPHY, VEGETATION, SI~ STR{x::TURES OR OTHER MATTERS ON ADJACENT LOTS OR WITHIN 'niE ADJACENT PUBLIC RIG!T-OF-WAY, WHICH WOULD SUBSTANTIALLY RESTRICT THE EFFECTIVENESS OF 'niE SIGN IN QUESTION; PROVIDED, HCMEVER, 'niAT SUCH SPOCIAL CIRCUM- STANCES OR CONDITIONS MUST BE PFX::ULIAR TO 'niE PARTICULAR BUSINESS OR ENTERPRISE TO WHICH THE APPLICANT DESIRES TO DRAW ATTENTION AND DO OOT APPLY GENERALLY TO ALL BUSINESSES OR ENTERPRISES. (ii) THE VARIANCE, IF AUTHORIZED, WILL WEAKEN NEITHER 'niE GENERAL PURFOSE OF 'nilS ORDINANCE OOR THE REGJLATIONS PRESCRIBED FOR THE DISTRICT IN WHICH 'niE SI~ IS LOCATED. 1 • ) I • • • • • • (iii) THE VARIAN:E, IF AUI'HORIZED, WILL OOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE SIGN IS UXATED. (iv) THE VARIAN:E, IF AIJI'HORIZED, WILL OOT SUBSTANTIALLY OR PERMANENTLY INJURE THE APPROPRIATE USE OF ADJACENT CON- FORMING PROPERTY. Section 2. '!hat Section 16.3 of the Ckmprehensive Zoning Ordinance, relating to initial zoning and rezoning of property, is hereby amended changing the title of Section 16.3 and by adding a new SUbsection 1 d. to read as follows: Section 16.3 Procedure for Initial Zoning of Property,aA& Rezoning, AND CHANGES AND ~S TO THE ORDINAN:E. Section 16.3-1 d. REQUIIUMENTS FOR CHANGES OR AMEN!XiENI'S TO THIS ORDINAN:E. WHENEVER THE PUBLIC NEX:ESSITY, CONVENIEN:E, HEALTH, SAFETY, MORALS, GENERAL WELFARE, OR 0000 ZONING PRACTICE JUSTIFIES AN AMENil1ml' TO ANY SECI'ION OF THIS ORDINAN:E, AND AFTER THE AMENil1ml' HAS BEEN SUBMITTED FOR CONSIDERATION BY THE C01- MISSION, THE CITY COUOCIL MAY CHANGE THIS ORDINAN:E, AFTER PUBLIC HEARING HAS BEEN HELD ON THE PROPOSED CHANGE BY THE PLANNING C<H1ISSION AND THE CITY COUNCIL. Section 3. '!hat Section 16.3 is further anended by adding a new Sect1on 16.3-9, relating to initiation of change or amendment, to read as follows: Section 16.3-9. INITIATION OF CHANGE OR AMENDMENT. 1) A PROPOSED CHANGE OR AMENDMENT TO ANY SECI'ION OF THIS ORDINAN:E MAY BE SUBMITTED BY THE CITY COUNCIL, THE C<l1MISSION, OR THE BOARD OF ADJUSTMENT AND APPEALS OR UPON THE REX:CJ1MENDATION OF THE CITY STAFF. ANY PROPOSED CHANGE OR AMENDMENT TO THIS ORDINAN:E SHALL BE SUBMITTED TO THE PLANNING AND ZONING C01MISSION FOR ITS EXAMINATION AND REX:<H1ENDATION BEFORE CONSIDERATION BY THE CITY COUNCIL. 2) CHANGING THE ORDINAN:E. a) CCHHSSION SHALL MEET. THE CCMMISSION SHALL MEET TO CONSIDER PROPOSED CHANGES OR AMEN!XiENI'S TO THIS ORDINAN:E AT SOCH TIMES AND PLACES AS ESTABLISHED BY 2 • l ) I • • { • • • RULES AND REGJLATIONS <F THE CCHMISSION AND AFTER PUBLIC OOTICE OF HFARING. b) AOOPI'ION OF Ra:~TIONS. AFTER THE CCHMISSION HAS CONSIDERID THE PROPOSED AMmlMFNl' OR CHANGE AND HAS SUBMITTED ITS Ra:<M1~TIONS TO THE COUOCIL, 'lliE COUOCIL MAY AOOPI' BY ORDINMCE THE PROPOSED AMENDMENT OR CHANGE AFTER A PUBLIC HFARING THERIDN AS SET FORTH IN SECTION 16.2-lOa. c) DISAPPROVAL OF ~. IN THE EVEm' 'lliE CCHMISSION DISAPPROVES A ~ IN THIS ORDINMCE, A REPORT THEREON SHALL BE MADE TO THE CITY COUOCIL. THE CITY <XllJOCIL SHALL 'll{EREUPON REVJF}<q THE ~TION AND REPORT OF THE CITY PLANNING AND ZONING CCMMISSION AND MAY, AFTER PUBLIC HFARING, MAKE SOCH ~ IN THIS ORDINAN.:E. Section 4. That Section 16.4-17 Fences and Retaining walls, Subsectlon d. 1., of the Ccmprehensive Zomng Ordinance 1s hereby amended to read as follows: 16.4-17 Fences and Retaining walls. d. 1. Fences IIAitl.l lile of Class h 2, 3, 4, or s.,. ~ SHALL OOT BE PERMITTED ON THE STREET SIDE <F ANY PROPERTY. Fm:ES <F CLASS 1 ON 'lliE STREET SIDE SHALL OOT EXCEED 30 IOCHES IN HEIGiT. THIS PROVISION SHALL OOT APPLY TO EDOCATIONAL INSTITt11'IONS. FflCES IN mE REAR YARD OR Im'ERIOR SIDE YARD MAY BE <F CLASS 1, 2, 3, 4, OR 5 AND SHALL OOT E>CEED SIX (6) FEET IN HEIGiT. Section 5. Section 16.4-18 Landscape Ordinance, of the CcmprehE!nslVe Zoning Ordinance is hereby changed as follows: 16.4-18 Landscape Ordinance. b. Applicability of Ordinance Standards. (1) These regulations shall apply IN ALL ZONE DISTRICTS to ANY CHANGE IN USE OR any new development or to any property on which the principal building is remodeled, which remodeling cost is equal to or exceeds 50% of the estimated -ke~ value of the ~lf~y.,. i-R EAe ielle~~ Q~S~Ifie~&+ ~+-Ae&WeR~~al ~&~lfie~s+ R-±-A.,. R--±-8-r R-±~.,. ~ ... ~~T ~~f~T R-3.,. aAS R-4T -+&r Qellaelfe~al ~&~lfieH+ a-1 aAii ~T .fer ~fl~His~lf~al ~S~IfieH+ i4 aflli ~T 3 , I • • • • • • PRIOCIPAL BUILDING AS SUBSTANI'IATED BY EVIDEOCE SUBMITTED TO 'mE DIRB::TOR. !:"'OR PURPOSES <F THIS SECI'ION, liD'IODELING COST SHALL BE Fl;lUAL TO 'mE StM <F ALL PE~IT VALUATIONS <F WORK. 16.4-18 c. MinimiJII Landscaping ReqllirEI!Ients. (1) All Districts: (b) The Larrlscaping Plan shall be reviewed by the Planning Division, and , if the proposed landscaping complies with the requirEI!Ients of this Ordinance, it shall be approved. All landscape improvanents indicated on or contained in an approved site plan shall be canpleted prior to issuance of a Certificate of Occupancy. ~Y (1) If all conditions necessary for issuance of a Certificate of Occupancy are met except larrlscape improvEI!Ients, arrl the reason for not finishing the larrlscape improvEI!Ients is because canpletion of construction occurred outside of a planting season, a Temporary Certificate of Occupancy will be issued AS PROVIDED FOR HEREIN. In this situation, all larrlscape improvEI!Ients must be canpleted by the next planting season within a time frame estab- lished by the Director. B~ THE TEMPORARY CERTIFICATE CF CXX:UPAOCY SHALL BE ISSUED, A SB:URITY INSTRlJ1ENI' NAMING 'mE CITY AS BEM:FICIARY SHALL BE FILED WITH 'mE CITY, WHICH SEX:URITY INSTRUHENI' SHALL Im;lUIRE THE INSTALLATION <F ALL l.Ati>OCAPE IMPROVrMFNI'S WITHIN THE TIME FRAME ESTAB- LISHED BY THE DIREX:TOR. THE SEX:URITY INSTRtMFNI' SHALL FURTHER PROVIDE THAT IT SHALL BE IN FULL FORCE AND EFFEX:T FOR ONE YEAR AFTER 'mE TIME FRAME ESTABLISHED BY THE DIREX:TOR OR UNTIL THE lANDSCAP- ING HAS BEEN CCMPLETED. SHOULD .ACTION BE Cet1MEOCED TO ENFORCE THE IANDSCAPING Im;lUIREMmi'S, THE SEX:URITY INSTRU1ENI' SHALL Com'INUE TO BE IN FULL FORCE AND EFFEX:T UNTIL THE IMPROVEMml'S ARE CCM- PLETED. FURTHER, THE SEX:URITY INSTRl.JotENl' SHALL PROVIDE FOR THE PAYMFNI' <F ALL ATTORNEY FEES, COL- LEX:TION FEES AND EXPENSES <F 'mE CITY IN ENFORC I NG THE LANDSCAPING REQUiliD'IFNI'S. THE AMOUNl' <F TH E SEX:URITY INSTRUMENT SHALL OOT BE LESS THAN 'IWIC E THE VALUE OF 'mE LANDSCAPING IMPROVrMml'S. 'mE FO~ <F THE SEX:URITY INSTRl.JotENl' AID ITS T~ SHALL BE APPROVED BY THE DIREX:TOR BFR>RE ACCEPTAN:E BY THE CITY. 4 • l I • • { • • • • (2) TO PRO'!: DE THE SB:URITY INSTRll'lml', THE PROPERTY CJornER MAY DEPOSIT WITH THE CITY CASH IN &9::~, CERTIFIED F~, OR AN IRREWCABLE LETTER <F CREDIT, IN A FORM 110:EPI'ABLE TO THE DIRB:TOR. THE PAYEE <F SAID FUNDS SHALL BE THE CITY, ~ THE FUNOO SHALL BE corux:TABLE BY THE CITY BY THE CITY'S GIVIt«i TEN (10) IY.YS' WRITTDI OOTICE TO THE PARTY GIVIt«i THE INSTRll'lml' AND THEREAFTER Em:tn'It«i ON THE INSTRllmll'. (3) THE CJornER(S) OF THE RFAL PROPERTY, ON PROOF (F QiNERSHIP AND COOSDIT <F ALL HAVIt«i A SS::URITY INTEREST IN THE PROPERTY, MAY PlACE A LID~ ON THE PROPERTY IN FA\QR <F THE CITY, WHICH LID~ SHALL BE SUPERIOR TO ALL OTHER LIDiS ~ EN::tJ1BRMCES. THE FORM <F THE LID~ SHALL BE AS APPROVED BY THE DIRB:TOR AND SHALL PROVIDE FOR THE PA'l!Malr <F ATTORNEY FEES AND COSTS (F <X>LLB:TION IN THE EVENT THAT DIFOK:fMDU IS tm:ESSARY. THE ~ COOSDITS, IN GIVIt«i THE LID~, THAT REASONABLE EXPENSES MAY EXCEED THE VALUE <F THE J:At.IJOCAPit«i ~IRED. (4) IN HX:EPTit«i A 'llMFORARY CERTIFICATE <F OCCUPAN:Y, THE CWNER IS COOSDITING AND J\CI<lOiLEDGING THE Al1l'HORITY OF THE CITY TO PERFORM THE LANIB::APING ~IIUMENTS ON THE PROPERTY AND TO EXEJ:IJI'E ON THE SS::URITY GIVEN BY THE LAND <JmER. 16.4-18 c. (2) Individual Districts: (a) R-1-A, R-1-B, R-1-c Zone Districts. (5) WHEN A TOTAL STREET FRONTAGE IS DIVIDED BY 40 FEET AND THERE IS A IUMAINDER (F 20 FEET OR MORE, AN ADDITIONAL STREET TREE IS REQUIRED. (b) R-2, R-2-c, R-2-c/S.P.S. ZOne Districts: (5) WHEN A TOTAL STREET FRONTAGE IS DIVIDED BY 40 FEET ~ THERE IS A IUMAINDER OF 20 FEET OR I'K>RE, AN ADDITIONAL STREET TREE IS ~IRED. (C) R-3 District: 5 I • • • • • (5) WHEN A TOTAL STREET FRONTAGE IS DIVIDED BY 40 FEET AND THERE IS A REMAINDER OF 20 FEET OR MORE, AN ADDITIONAL STREET TREE IS REXlUIRED. (e) B-1, B-2, I-1, and I-2 Districts: (1) Minimum of 10\ of total lot area ~~ SHALL be landscaped with no less than 80\ of the landscaping installed on the front portion of the lot (from the front of the building to the street line) • IF THE PROPERTY AB!Jl'S OR IS ADJl!CEm' TO AN R-1-A, R-1-B, R-1-c, R-2, OR R-2-c ZONE DISTRICT, THE REMAINING 20\ OF THE RE- QUIRED IAW9:APING SHOULD BE INSTALLED IN THE RFAR YARD TO BUFFER THE RESIDEN- TIAL DEVELOPMENI' FRCM THE C~IAL USE. (4) WHEN A TOTAL STREET FRONTAGE IS DIVIDED BY 40 FEET AND THERE IS A REMAINDER OF OF 20 FEET OR MORE, AN ADDITIONAL STREET TREE IS REQUIRED. Section 6. That Section 16.4-19 Sign Oode, SUbsection 3 a. and sUbsect1on 14, of the Cbmprehensive Zon1ng Ordinance is hereby amended to read as follows: 16.4-19 Sign Oode. Section 16.4-19.3 Permits. a. Perm it Required. It shall be unlawful to display, erect, construct, relocate or alter (except for copy changes), any s ign without first filing with the Deparbment an application i n writing, paying applicable fees, and obtain ing a sign permit, except as provided in Section 16.4-19-5 and Section 16.4-19-7 of this Ordinance. IF A SIGN HAS BEEN DISPLAYED , EREX::TED, CONSTROCTED, RELOCATED OR ALTERED WITHOUT SOCH PERMIT OR 00'1' IN l!CCORD.J>.N:E WITH THE TERMS OF SOCH PERMIT, THE SIGN MUST BE REMOVED WITHIN FIVE (5) DAYS OF OFFICIAL OOTICE. \'.hen a sign permit has been issued by the Deparbment, it shall be unlawful to change, modify, alter or otherwise deviate from the terms or conditions of said permit without prior approval of the Department. A written record of such approval shall be entered upon the original permit application and maintained in the files of the Department. 6 • l ) I • • r • • • • Section 16.4-19-14 Prohibited, Hazardous and Abandoned Signs -Enforcement Procedures. a. Notification of lkllawful Signs. Notice shall be given by Certif1ed Mall or personal service to the owner or lessee of such unlawful signs and to the owner of the property on which such unlawful signs are located. Prohibited signs IN EXISTEOCE BEFORE 'lliE EFFEX::TIVE 01\TE OF THIS ORDINANCE, as described in Section 16.4-19-8 shall be declared a nuisance by the Department. 'ftle notice shall require that prohibited signs SHALL be brought into conformance with this Ordinance or be ranoved within one hundred eighty (180) days after the notice has been received. Signs EXISTING BEFORE 'lliE EFFEX::TIVE 01\TE OF THIS ORDINANCE WHICH ARE prohibited in Section 16.4-19-8 d, j, and 1, shall be ranoved within three (3) :rears fran the date the notice is received. PROHIBITED SI~ EREX::TED AFTER 'lliE EFFEX::TIVE MTE OF THIS ORDINANCE SHALL BE IID10VED WITHIN FIVE (5) ~ MYS OF RR:EIPl' OF OFFICIAL OOTIFICATION FRCM 'lliE DEPAR'IMENT. This Section shall not be applied to require the ranoval of any sign for which it is lawfully required, by Federal or State constitution or statute, that canpensation be paid by the City for sign removal, unless the City elects to pay any canpensation lawfully required. Hazardous signs are those lotlich, by reason of inadequate maintenance, dilapidation, or obsolescence, create an inminent hazard to public health, safety, or welfare, as declared by the Department; those signs are further declared a nuisance and shall not be displayed or erected within the City. 'ftle notice shall require hazardous sign ranoval within ~ f*9+ FIVE (5) CALENDAR days. Signs abandoned for a period of thirty (30) days shall be declared abandoned signs and a nuisance by the Department; abandoned signs shall not be displayed or maintained within the City. 'ftle notice shall require abandoned sign ranoval within thi rty (30) days. Section 7. Public Hearing. In accordance with Section 40 of the City Charter, the City COuncil shall hold a public hear i ng on this Ordinance, before final passage, at 7:30p.m. on Monday, October 7, 1985. 7 I . • • • • Introduced, read in full, and passed on first reading on the 3rd day of September, 1985. PUblished as a Bill for an Ordinance on the 4th day of September, 1985. Aead by title and passed on final reading on the 7th day of October, 1985. PUblished by title as Ordinance ~. __ , the 9th day of October, 1985. Series of 1985, on Attest: rugene L. 0t1s, Mayo r ex off1cio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of F.nglewood, Colorado, hereby certify that the above and for93oing is a true, accurate and canplete copy of the Ordinance passed on final reading and published by title as Ordinance No. __ , Series of 1985. Gary R. Higbee 8 l I • . ~ • <I • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N SUBJECT AGENDA ITEM J}tL DATE september 20, 1985 INITIATED BY Director of Engineering Services Ordinance Relating to Assessment for Concrete Replacement Program 1984--Revised ACT 1 ON PROPOSED Recommendation from the Engineering Services Department to pass an ordinance establishing assessment costs for Concrete Replacement Program 1934 . BACKGROUND In June, 1984 , City Council authorized the Department of Engineering Services to issue concrete replacement notices for properties adjacent to streets scheduled for overlay Program 1984. The required concrete work consisted of curb, gutter, and sidewalk repairs and encompassed the following streets from the overlay program: 200-700 W. Kenyon Avenue 400-700 w. Dartmouth Ave nue 3100-3200 S. Fox St. 45 00-5000 S. Broadway 3000-3200 W. Chenango Avenue for a total of 24 affected properties. FINANCIAL The total cost of said improvements, consisting of construction costs , engineering costs , administrative costs, and interest, amounts to $10 ,4 20.38. The total cost was charged against budgeted monies in the PIF (concrete replacement account) and will be reimbursed to the City as the assessments are paid by the individual property owners. It is anticipated that these funds will be received between December, 1985 and July , 1987. RECOMMENDATION We reco~nd p a ssage of the ordinance establishing assessment costs . Also included for your information and approval is a completion schedule for Concrete Replacement Prog ram 1984. Pleas e note that it calls for a public hearing on assessments at the regular Counci l meetj ng of November 4, 1985. It also allows for a 10% dis- count on any portion of assessments paid prior to J anuary 3 , 1986 . ) I • - ( • ORDINAOCE 00. SERIES OF 198_5_ • • • BY AIJI'HORITY A BILL FOR COUNCIL BILL NO. 72 INTRODOC/8 BY COUNCIL MEMBER '.~~ AN ORDINAOCE APPROVING THE COST OF CONSTROCTION AND REPAIR OF SIDEWALKS, CURBS, AND GJTTERS IN THE CITY OF ENGLEWOOD AND CONFIRM- ING THE APPORTIONMENT AND ASSESSMENT OF SAID COSTS TO EACH LOT OR TRACT OF PROPERTY FRONTING UPON THE SliME AND PRESCRIBING THE MANNER OF COLLECT ION AND PAYMENT OF SAID ASSESSMENT. WHEREAS, Ci ty Council for the City of Englewood, Colorado, determined it necessary that certain sidewalks, curbs, and gutters be constr ucted or repaired erljacent to streets scheduled for overlay Pr ogram 1984; and WHEREAS, City Council caused ootice in writing to be sent to owners or agents in charge of the property fronting sidewalks, curbs, and gutters requesting that construction or repairs be made by said owners or agents of property fronting the following streets of the overlay Program 1984: 200 -700 w. Kenyon Avenue 400 -700 w. Dartmouth Avenue 3100 -3200 s. Fox Street 4500 -5000 s. Broadway 3000 -3200 w. Chenango Avenue WHEREAS, certain owners and agents did not make such repairs within 30 days after service of the notice, and City Council ordered such construction or repairs to be merle by the City; and WHEREAS, said construction or repairs have been merle, and City Coun cil has approved the cost of said construction and repairs in the ~ount of Ten Thousand Four Hundred TWenty Dollars and Thirty-eight Gents ($10,420.38); and WHEREAS, under authority granted by C.R.S. Sections 31-20-105 and 31-20-106 and by Englewood Municipal Code 1985, ll-3B-l, City may assess property owners fronting said construction and repair and impose a lien for payment thereof for failure to pay for said construction and repa ir ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COWRADO, that: Section 1. Notice of Assessment. City Council hereby notifies each owner or agent of owner of property, by publication and certified mail, of the cost of construction and repair of sidewa lk, curb, and gutter fronting said lot or tract as set forth in the assessment roll attached hereto as Exhibit A • I • • • • • section 2. a. Paymen t of Assessment Lien on LOt or Tract. That the assessments shall be due and payable at the office of the Director of Finance/City Clerk of the City of Englewood, Colorado, within thirty (30) days after final publication of this Ordinance without demand. If the assessment is not paid within said thirty (30) days after final publication, the assessment shall constitute a lien on the lot or tract and the City Clerk shall certify the assessment to the County Treasurer, who shall place the same upon the tax list for the current year to be collected in the same manner as other taxes are collected with penalty of ten percent (10%) thereon to defray the cost of collection. All laws of the State of Colorado for the assessment and collection of general taxes, including the laws for the sale of property for taxes and their redemption of the same, shall apply and have as full effect for the collection of all such municipal taxes as for such general taxes. b. Discount on Payment of Assessments. Payments may be made to the Director of Finance ex officio City Clerk-Treasurer at any time within thirty (30) days after final publication of this Ordinance and an allowance of ten percent (10%) will be made on all payments made during such period but not thereafter. The discount of ten percent (10%) shall apply to all such payments, whether the payment is the entire Clllount of assessment due or a part of the assessment. Irtrnediately after the expiration of such thirty-day period, the assessments shall be certified by the County Treasurer of Arapahoe County, Colorado, for collec tion as provided by law. section 3. County Treasurer Shall Collect and Ranit. The County Treasurer, at the close of every month, shall pay over to Director of Finance ex officio City Clerk-Treasurer of the City of Englewood, Colorado, all monies collected by him/her upon the presentation to him/her of a copy of this Ordinance signed by the Mayor and ex officio City Clerk-Treasurer of the City of Englewood. section 4. Publication. Notice shall be published in the Englewood Sen t inel for t en (10) days as defined in C.R.S., 24-70-106, once each week for three (3) successive weeks. section 5. Hearing. 'ltle City Council shall hold public hearing on thJs Ordinance before final passage at 7:30 p.m. on Novembe r 4, 1985. 2 [ I • • • • • • Section 6. P<lblication and Effective Date. 'rtlis Ordinance, after 1ts flnal p:~ssage, shall be nl.Jtlbered and recorded; the adoption and publication shall be authenticated by signature of the Mayor and Director of Finance ex officio City Clerk-Treasurer, and by Certificate of Publication. Introduced, read in full, and p:~ssed on first reading on the 7th day of October, 1985. Published as a Bill for an Ordinance on the 9th day of October, 1985. Eugene L. 0t1s, Mayor Attest: ex off1c1o C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 7th day of October, 1985. Gary R. Hlgbee 3 I • • • • • • CONCRETE REPLACEMENT PROGRAM 1984 FINAL ASSESSMENT DATA Construction Contract Engineering Services Administrative Overhead Legal Advertising (Est.) Miscellaneous Interest (@ 9.0\) Total Section A Assessment factor: 1.31367267 Construction Contract Easements Other contracts Printing City participation (Cone.) Asphalt (Fox & Floyd) Mi scellaneous Section A $ 793.23 79.32 181.22 194.93 $ 9,180.95 1,239.43 Section B $37,128.18 350.00 330.00 574.88 2,121.09 1,302.00 440.32 $42,246.47 Less Reimbursement (Littleton - f or Belleview & Lowell) -3,364.94 Tota l Secti on B Con s truction Co ntra c t Total RT D Total Sections A, B, & RTD J V/l o 9/20/85 RTD Sec t i o n $29,846.10 • $ 7,932.25 $10,420.38 $38,881.53 $29,846.10 . $79,148 .01 I • • • • • HM11 AHO AOOIIUI Lol lllodl S<JIOIVISIOH 1 'J7l 34 l •• •Jll l:;a n , J ...me:~ ~. .. M4cy ~-. 5-Jo 4 s. G • Hc:UDlin' » A.IJd. $183.91 lo n 415 w. OcutJnouth Ave . 4~ :;. t.l~t.l. St.. k.uq l ~'w OVU, ~0 d\)110 1'171 H 1 .:i o u ll l ~1\Gt-Ut., r'ro~..ncJ..S ) .. " Betty 1 1 Uhl.Jnan Sub. $68.31 2 J .• Jt. T ~n 3100 s. Fox St. DU s. ?ecS rl St. ~n91ewood , co ~OHQ 'l~7l 34 j 0 1> ou B.:&ser, Albert Will1a.a. " 12 1 Uhlman Sub. $927.32 3 Paula F.a~•· Jt Ten 595 w. Eastaan Ave. 595 w. t::a.st..IIL4n Ave. Enql.c.wo<At co 80110 l U77 0 3 l 1:> 007 t-'r4y, UOrm.A l~Abel 7 l Bobay Sub. .$131.37 .. 1~90 s. Ll ela.wue St. 369~ S. De1aw.ara St. ,l:::n«jlllwood, co 80HO 2017 Ol 2 17 007 " Lee, Jaaea H. 1-~o 19 ENJ1awood $846.14 5 3o90 S. FO& St. "'c . 3690 s . Foa St • kong lawood, co auuo • 10' f_ 20 ~U17 U3 l 111 007 CtLrrett, Ke.nne t:.b tAe £ Ea thar 11-2 20 En<j1awood $72.25 6 June, Jt. Ten 3686 S. GAlA~go St. 3dlU S . Fox. St. >.nq 1 owood co 81ll10 Ju77 v J 2 ld 0 1)8 diU, R. w. "' Julia " Roehrs, 15-l 20 En<j1awood $73.56 _( R. C. • Stur l ey, Jt Ten 369~ s. Foa St. olar in~ L..&ne ..:tlccon, co d012l <077 uJ l 1'j 0 0 1 hollc~rq, Inc. 1-l< 21 En<jlewood • V&c . Allay $149.76 • c /o i''ra.n .:es li . Peterson J6o0 s. Huron St . ~17 t.:.lJ:Zutc.>n Ave. 3 anca .-tAr a CA g u ;.a 4.l.l77 OJ < H CU Crtgys..:n. t:ellie ' St\AMon. 46-48 l Lo<J&ndo.l• $624 .45 9 ~ornel1A £liz-Ul•th, Jt Ten 3701 s . ElAt.l St . J7 0 l s . t:.lat.l S t. E~lowoo.i, co 8olll0 <017 UJ l 2J 0 01 W•cren, S teve M. • H.Ai. Ctwrl a l l f o..,lec Sue. $2,305.50 10 F .• Jr .• Jt. Ten 3710 S. Elo.tl St. .. l7l0 s. Elati Sc. >.nqlc.-ood co dullO l 0 77 v 4 l l1 Ooll-0 14 Put ot t.ots 15 • 18 5 &ll ot Eng l ewood £xe c ut1ve Center, I f • Lota 16-17, Blk . ll • Lota $341.56 11 J o77 s. Huron S t . l-3 2, Blk. 22 ' Lots l-16, 81 £nq .l.e wood, co 8 0 110 l 3, En<j lewood, ' Vac. Sta . .. Alleys BtWD. SO Lota Oeac • ... Be<J . SE Cor. Lot. 16, d1k. l2o Tn . w 4~1.19 Ft.o Th. N. 12 3 >U .l6 Ft.r The . ~ 185.06 Ft. 'fh . N d~.04 Ft . 1 Th . ! 226.13 Ft .r Th . S 417 .17 Pt . to Be<J . ' J671 s. Huron St. 13 '"' I • • 17 0 4 l ()7 017 II 1 0 tt . o t t.ot 46o oil ot $371.44 .. lu\.ln, !l..lV.tll'l\ P • 47 -4d, Blk . ,, Lo<J~nd~l• Pill s . • au ron St . J7 0 L s. hucon St. LOq l d WOo.J • " dv llO I S • • • • • ~c ..aNII'Y .......,. __ Lot -$UIIIiV- .an 04 1 lll ()17 ''I In..iu.at.ra.••· Inc. ,. 't t.uc 42 • ~ll Loco ~l -4ol, $131.37 o Colo r•~ ~e.~• a.nk Blk. 8, l..o<jdon.J•l • . • ~OlS Ul--.r.n S ~. )7()1 s. K4l.ua.tn St. ......e.nv•c, cv ulllll lll17 va 1 Il l ulZ 21 ~ C.an t.wnni.al ,\cce a, lccl FlCJ. $542.74 <kll, i'ce.der.1~k w., III • 1071 W. Chen•nCJO Ave. 2 L.u..S. lt •• Je Ten : J01l ... Ch•tl4I'WIO Ave . I -· .;.Q oiOllO <Ill ~~~ l Ill 01, JU .. cen~onn1&1 Accoo, Jca r19. $256.17 a.yb\L.Eo. ~~o~IAA Joy _ 1005 II, ChefW'<iO Ave. l . 3005 ... Ch.aRAnqO Ave • i £119lowoc:.4, CO 110110 i l071 ua l o• 011 1 l Centennial Acrea, 2114 FlCJ. $837.66 .&at..h.Ae~t.. Cyn=ia L. • .:rocobo ')(JI.)4 II , CM11A1190 Ave • ; • &avi~ L. ,1004 w. ChonancJo Ave. : :.Z.W uwoad en. aou 11. --' -···· -l071 oe 1 o• 020 • 21 1 Con~onnlol Accu. 2n4 n.,. $1,488.33 ~·~·t~, ~1•• r. :I -lOU II, Cbanongo Av•. ' lCoi.& W. CheDAn<Jo , Ave. ,£noJ 1•woad, CD 80110 ,21)77 10 2 17 01. 25-Jt 1 Gceen•a Sl.&b. ··" ,. p cocpocacion 4575 s. Bco.dw•v $78.82 • ~;75 s. aro.dvey .EnCJlewooJ, CO 110110 .~un 10 l Ill 01:t ~o-u 8 Leel&nd Htl. ...arson, 06n1.el L • 4755 s. 8ro&dw&y $78.82 _{ ·g oj 1. .uaai aai.ppa Av•·• 14Cl nvec, co dlllJl Jon 111 1 1; uzs Loco 1-16 • wc o JJ-Jl ' t..ou $246 .97 ~co~cn, ~. ~l.lla.~ 17-~tl Toq. <~1ttl V~;;.. All•y • :l\.101 3 . a.roa...J w&y 1)' inq Bc: ... n. Lo co 1-12, ' J7- :.nql&-ood. co dvllll ~a ' 1n v.c . •ll•y Adj. LoU U-16 ' l.>CO lO-ll ' Vac:. Gr .11\d Ave. Adj. on N. Bloc k a, H•rl•• 2nd Add. 9 lll71 10 ~ 0~ ll07 ~-16 7l Hac lea a..uift, Alvin J •y 48 10 s. 8.l'o•d.,.&y $102.4 7 10 ,1 ;01 S. Coron• St., sui~• l Enq 1e"'l0<1, co 80110 .lU77 10 4 Cli 0011 7-ll 71 H4cluo $26.27 .Ve.rnec. ll. h. 5 aeve.-le A .. , .J 4&~0 s. 8co•dway II ·reo. o:HO 1!:. Iliff ", .... ,J:J&nvu: co d0lll ,l071 10 4 ll9 00, 9-20 7l H•rl .. $156.33 'CA.:~• • .Jaaee L. 5 COn•t.vw:e H. 4876 9. lco•d"'&Y 12 .Jt: Ton .~0 IUd.hncl ~ • .COl~U...SO S~Uinqo, co 109C6 ..2011 lCl • l2 UOl w. 1~0 .01 Ft. of Tc . 11 • If, $378 .86 c.ner~ ¥lec~rlc Penaion Tru• 1Sii.ll1 r~. of N. 0, of Tr. 14. u Tru.tJtae£ of ' ~n.n•:t Shoes IDC'\U C. c.J.n~. ,Jll .tro£rJ'W&Y -&iOO s .. 8rollld"'.ay ..uv 'to.ck, ~y 10007 ·- (_, I • • " . IS ~ .• -~.t .::~·t& .... ~,a .~ .. ~·. -' ~ (&. ' ·L.·'S.: ~Jt ·~"" .t ·' ). t ' ·:r. !. ~-.. . • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE October 1, 1985 INITIATED BY ACTION PROPOSED AGENDA ITEM Community Development Dept. SUBJECT Inducement Resolution for In- dustrial Development Bonds to 3B Management velopment of the Buyers Club Complex. Approve the Induceme nt Resolution for Industrial peyelgpment Bonds for the development of the Buyers Club complex. BACKGROUND: The City has received a request from 3B Management Company (Buyer's Club) for an in- ducement resolution for the issuance of industrial revenue bonds for the development of the Buyer's Club complex. The development includes a 100 ,000 square foot Buyer 's Club store and an additional 100,000 square foot of high volume retail. At the present time, only preliminary site planning has occurred, but the developer esti mates that the project will cost $10 million, including, construction and land acquisi- tion. The inducement resolution is the first step towards the issuance of the bo nds, and by the time the First reading on the bond ordinance occurs, the developer must sub- mit a detailed budget for the project and a specific description of how the bo nd pro- c eeds will be spent. The development proposed is part of the Englewood Urban Renewa l Authority project, which encompasses the current Park Floral property and several adjacent parcels. RECOMMENDATION: I t is r e commended that the Council approv e the inducement resolution for the issuance o f $10 million in Industrial Revenue bonds for the Buyer's Club complex. -------·-- • I • • ( • RESOLUTION NO . SERIES OF 1985 • • • A RESOLUTION AGREEING TO ISSUE INDUST RIAL DEVELOPMENT REVENUE BONDS TO FINANCE A PROJECT FO R THE 3B MA NAGEMENT COMPANY, A GENERAL PARTNERSHIP. WHEREAS, the City of Englewood (the "City"), State of Colorado, is authorized by th e Co unty and Municipality Development Revenue Bond Act, Title 29, Arti cle 3, Part 1, C.R.S. 1973, as amended (the "Act"), for the benefit of the inhabitants of the State and for the promotion of their health, safety, welfare, convenience and prosperity, to finance one or mor e projects, in cluding any land, building or other improvements and all necessary and appurtenant real or personal properties suitable for manufacturing, industrial, commercial , agricultural, or business e nterpris es , upon such conditions as the City Council of the City may deem advisable; and WHEREAS , th e Ci ty is further authorized by the Act to issue its revenue bonds or o ther ob ligatio ns for the purpose of defraying the cost o f financing any s u ch project; and WHEREAS, Ke n Bagus, repr esenting 3B Management Company , (the "User") has met with o fficials o f the City and has advised the City of the User's int e rest in acquiring, constructing, improving and equipping a facility within the City, including all neces sary and appurtenant real and personal propert ies (the "Project") f or a Buyers Club complex sub- ject to th e willingness of the City to finance the Project by the issuance o f industrial development revenue bond s o r othe r obl igations pursuant to the Act ; and WHEREAS , th e Use r has represented t o the City that th e Project has been designed to qualify as a "project" within the meaning of the Act; and WHEREAS, the City has consider ed th e User 's proposal and has concluded that the economic benefit to the City wil l be substantial du e to an increas e in employment and the promotion of industry and develop- ment of trade and other economic activity within the City; and WHEREAS, the City has hereby determined that issuing its in- dustrial revenue bonds for the Project will benefit the health , welfare, safety , co nvenience and prosperity of the inhabitants of the Ci ty; and WHEREAS, the City wishes to proceed with the finan c ing of the Project, subject to the cond itions herein conta ined; and WHEREAS , the proposed issuance of the industrial development r evenue bonds and the execution of relat e d financing documents are not prohibited by any o rdinance o r rules of th e City; NOW, TIIEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE ClTY OF ENGLEWOOD , COLORADO: I • ( • • • • • -2- Section 1. In order to induce the User to complete the Pro- ject within the City, the City shall take all steps necessary or advisable to effect the issuance of industrial development revenue bonds or other obligations (the "Bonds") in a maximum aggregate principal amount of $10 million. This Resolution is and constitutes the taking of affirmative official action by the City toward the issuance of the Bonds. No costs are to be borne by the City in connection with the issuance of the Bonds. Section 2. The terms and conditions of the Bonds and of the financing documents relating to said Bonds or other obligations will be mutually agreed upon by the City and the User, and prior to their ex- ecution, such documents will be subject to authorization by Ordinance of the City Council pursuant to law and any ordinance or rules of the City . Section 3. The User has agreed to provide for reimbursement of all expenses incurred or to be incurred by the City related to the User 's Project. Section 4, Neither the Bonds, including interest and any premi- ums thereon, nor anything contained in this Resolution shall constitute a debt or indebtedness of the City within the meaning of the Constitution or statutes of the State of Colorado, nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. The Bonds shall be payable solely from and secured by a pledge of the revenues derived from and payable pursuant to the financing docu- ments referred to in Section 2 hereof. Section 5. All commitments by the City made herein are sub- ject to the condition that on or befo re one year from the date hereof, the City and the User shall have agreed to mutually acceptable terms for the Bonds or other obligations provided for hereunder, in an amount not to exceed $10 million, and for the sale and delivery thereof. Section 6. The Mayor of the City, City Clerk, City Attorney, and other officers and agents of the City are hereby authorized to initiate and assist in the preparation of such documents as may be appropriate to the Bonds. ADOPTED AND APPROVED on this __ day of ------• 19 __ • (S E A L) Eugene L. Otis, Mayor ATTESTED: ex officio City Clerk-Treasurer I , Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No. __ , Series of 19 __ R. Higbee • I • - ( • • • • • B!J)!erSClub 17 00 S. Abiknl· Sl . • Auror-.1 , Colorado 80012 • 303-696-7011 HAND-DELIVERED September 30, 1985 Ms. Susan Powers Assistant City Manager Economic Development City of Englewood 3400 South Elati Englewood, Colorado 80110 Dear sue: 'l[P.O.R'TME •ST Or tflMPI.UilrTY DEV f LOPI\I'[(il r"N r!l ' ··•r,"·1 rn : nr-,.r ,., i I I . i ' l'Jf!!', This letter shall serve as my formal request that the City Council of Englewood pass an inducement resolution for industrial development revenue bonds for the Buyer• s Club development at the southeast corner of Hampden and Santa Fe in the amount of $10,000,000.00. This project is a part of the Englewood Downtown Redevelopment Project and comprises approximately 685,000 square feet of land upon which 2 separate buildings will be constructed. Building A wil l be a 103,000 square foot Buyer's Club and Building B will be approximately 112,000 square feet of additional retail. Both buildings will be occupied by a combination of wholesale/retail as allowed on the existing zoning of the properties. Building A upon the site shall go under construction approximately March 15, 1986 and is scheduled for completion on September 15, 1986. Building B will go under construction approximately August 15, 1986 and be completed approxi mately March 15, 1987. The use o t t he f u nds will break down approximately as follows: Construction Costs: Building A Building B Site Costs: 685,00 0 s q . f t . Site Developmen t Costs: 685 ,00 0 sq . ft • Misc. Soft Costs : (Including Co nst ruction F i nanc i n g ) Total Proj e ct Costs: Req uest e d Inducement Amount : • $2 ,200,000.00 $3,143,00 0.00 $2,800,000.00 $1,370,000 .00 Sl.ooo.ooo.oo $10.51J.OOO.OO 110.000.000.00 I • • • • • • I I would appreciate your forwardinq thia letter onto the City council for their consideration at their aeetinq Monday, October 7, 1985. I appreciate your help in thia matter. • I • • n • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJECT Bid Award September 30, 1985 /I a. Fire Academy Paving Program INITIATED BY ACTION PROPOSED James Br o ma~F ire Chief To approve t he awarding of a bid to the low bidder, R .K.E. Enterpris es, for Phase I of a repaving project at the South Metro Fire Training Academy. In October of 1984, the South Metro Fire Training Academy Board of Chiefs met with the respective city managers and district board presidents to review the fire academy. A significant need for the repaving of the driving area was identified and agreed upon. The project was pro jected to cost $100,000.00 for a total repair based upon engineers' estimates. It was also the engineers' opinion that the existing paving (ten years old) had served its expected useful life. Because of the size of the proj ect , it was divided into fo ur phases ove r a four-year period. The first phase , covering 8,000 square feet of the most se r iou sly deteriorated area, was submitted for bid this s ummer. Nine firms pick e d up specifi cations and f our bids were s ub- mitted. They were opened on September 20 , 1985, at 1 :30 p .m. The s ummary totals are fo und o n Attachment A. Be cau se Fox Engineering (our soils engin eeri ng cons ul tant) was uncertain as to the exact nature of t h e bas e, there are two schedules in the bid. Sche dul e A calls for t h e existing soil to be excavate d , returned to place and recompacted. Schedule B calls for the existing base to be removed, new soil brought in and then compacted. Both the schedules provide for an 8-inch depth of concret e for the pavement. The low bidder was the firm of R.K.E. Enterprises (Mr. Russ Elliott, Jr.) and his bid was approved by the Fire Academy Board. The money was budgeted for Englewood's portion i n the P .I .F . a nd a portion was transferred to the Fire Academy f und late thi s s umm er. At this time, City Council's approval of this bid award is sought to proceed with Phase I of the project. cl ~--------------------------------------------------~ • • I • • - ( • BOND SCHEDULE "A" SCHEDULE "B" COMPLETION TIME • • • BIDS SOUTH METRO FIRE TRAINING ACADEMY Kiewit Western 5% $47,310.50 $62,808.10 20 days Navigation Const. Co. 5% $30,912 $41,667 20 days • R.K.E. Enterprises 5% $1,845.29 $30,725.39 $36,903 20 days 1. Structures Unlimited Inc. $2,500 $30,817 $49,349 20 days . ~ I . . • - • • 2. TRAINING GROUNDS RESURFACING (1985) SOIL REMOVAL AND RECOMPACTION SCHEDULE "A" ESTIMATE D UNIT ITEM NO. .ill!:1_ UNIT QUAN TI TY CO ST IQI& ' 1. Asp halt Removal S. Y .. 99 1 O.i/7¢. $763.07 2. Excavation C.Y. . 1652 1.14 $18.83.28 3. Soil Recompaction C.Y. 1652 2.80 $4625.60 4. Concrete Paving S.Y. 891 21.34 $19013.94 5. Asphalt Patching S.Y. 110 35.95 $3954.50 6. Keyway ·Ft. 485 1.00 $485.00 ( TOTAL ~30 ,725.39 ~)OC%lta~~~llxllatiaxx Thirty th o usa n d seven hpndrpd twenty fiye 19/QQ dollars Tota 1 (Written in Herds) •• 1 ( I . . • • - ( • ( • ITEM NO. 1. 2. 3. 4. 5. 6. • • • TRAINING GROUNDS RESURFACING (1985) SOIL REMOVAL AND IMPORTED FILL COMPACTION SCHEDULE "B" ITEM UNIT QUANTITY Asphalt Removal S.Y. 991 Excavation C.Y. 1652 Imported Fi 11 and Compaction C.Y. 1652 Concrete Paving S.Y. 891 Asphalt Patching S.Y. 110 Keyway FT. 435\1 TOTAL Thirty six thmusand nine hundre d three 00/00 dollars Total (Written in Words) • 3. fill TOTAL 0.77 $763.07 1.14 $1883.28 6.54 $10804.08 21.34 . $19013.94 35.95 $3954.50 1.00 $485.00 $36,903.00 . ' I • • • .:. ...... ---·--------·--·----- • • 0 i ·r GEHCRAL HOT(S ~~.:=:::.~~·c.-a (In --.._ .. .::!:.~E:~_::J::~.;:~ -E:Er:~Y~. lilt ...... --· •••• , ....... -----· ''· ..... I. :: =..-:: .... -= .. ::.::-::::~ ':.:";:.:•;:,:::.:~u· ..... --·· ·-u:tt •• ----.... -.. - .... ft IOCUUIOII C"~--null,_ U.,., tunut, --·-•·•· r-.. .,_,,._, '"""'" , ........ '-"--' ,_ .... ,_ , ........ c-.... G-:.:..:.3) ............ , ....... .......... , ___ rz :::;::_:~ --- .... SCAU ,•, 2(j .j, .... -,~.. ,_,. ... · '.Y.' u ; PHA:;:;l~~;:UM ~ . !~·-·r· SI'ISKA t :NC:INt:tiiJNC, INC. ~·! . ·: ao..nwwn'IC""''""'.,.,."""'actt.•ll _:.~· • !.,~'-.-,~-~-. _..;~::1-u-,-,.-,-.,.-,..--,.-.,---,-~-,-,.-, ~" "-:" 1101 • OCIIIIANt.O ,. • 1e -·--------J . -· _ !,-=--.... ~. ua.l .... , Q2..0Uir) • - ( ( • • • • RKE ENTERPRISES REFERENCES LANDFILL, INC . TERRY COONEY CONCRETE TRUCK STOPPING PADS CONCRETE -EQUIPMENT ROAD CROSSING CALLED: 09-23-85 / 1205 HRS. "ALL WORK DONE PER SPECS. VERY PLEASED." COORS CR EDIT UNI ON BARB CECI L CONCR ETE PARKI NG LO T (REPLACE ASPHALT) CALLE D: 09-23-85 / 115 0 HRS. "VERY HAPPY WITH WORK ." GOVERNORS RANCH HOMEOWNERS ASSOCIATION TRUCK STOPPING PAD CALLED : 09-23-85 / 1145 HRS. "ALL WORK DONE SATISFA CTORALLY. '1 • 371-5115 279-6414 JO ANNE LITTLETON ENGLEWOOD CASTLEWOOD BANCROFT 97 9-4 822 I • • C 0 U N C I L DATE October 2, 1985 • • • C 0 M M U N I C A T I 0 N AGENDA ITEM llcL Amendment of the standards o SUBJECT eligibility for deferral of of spec ial assessments INITIATED BY Planning Division a nd Department of Finance, ACT I ON PROPOSED Adopt a resolution causing income limits for assessment deferral for senior, handicapped or disabled, or lower income persons, to be based on those income limits as revised and set forth periodically by the U. s. Department of Urban Develo ment . INTRODUCTION AND BACKGROUND . Ordinance No . 41, Series of 1981, was adopted by the City Council to permit elderly, handicapped, disabled persons, or other persons of low income, to defer payment of special assessments against property which they own and occupy as their residence until a later, more appropriate time. The deferred assessment and the interest on the assessment becomes a lien against the property until i t is fully paid. The assessment in full, together with interest, becomes totally due and payable at such time as the ownership of the property c hanges, whether that chanee of ownership is by deed , will, inheritance, operation of law or otherwise . A person who meets the criteria of the program, i.e., a senior citizen, a disabled or handicapped person, or a person whose income and assets are less than the eligibility limitation established, may apply for deferment by filing an application with the Department of Community Development. The application is then reviewed by the Housing Finance Specialist who reviews the application to determine whether or not the applicant is eligible to participate in the program. If the person is found to be eligible to participate in the prog ram, the application is forwarded to the Finance Department to be processed. The City has used the low income guidelines established by the Department of Housing and Urban Development (Hun) to determine eligibility for the program, adopting them by Council Resolution. These income limits are changed periodically by HUD and this requires the City to co ntinually monitor the income limits and to go through the process of changing the limits by Resolution every year or so. This has been some- thing easily overlooked by both the Council and staff, and the income limits became outdated. The City has used the income limits of 1982 for three years, even though there have been several changes made in the income limitations established by HUD, because the pro ces s of returning to Council to ask for a Resolution ~oms overlooked. The present income limitations were adopted in 1982, at which time the income limita-tions were as follows: • I • • • Number of Persons in Household 1 2 3 4 5 6 7 8 or more -2- • • • Income Limitations (Yearly $ 9,900 11,300 12,750 14,150 15,300 16,400 17,550 18,700 The current Him ~ulrlellnes in the Denver region are as follows: Numh.·r nf Persons -J]l ·""~".o'l}'_l_~ I 2 'I 4 5 6 7 8 Income Limitations (Yearly) $ 11,050 12,650 14,200 15,800 17,050 18,350 19,600 20,850 Even though the difference in the income limitation is slight--a little over 10% since 1982--it could be enough to disqualify a person in need of the program, and citizens may have been denied this help because the figures were not updated as they should have been. Were the City to adjust the income limits to conform automatically with the HUD limits for very low income families at any given time, without having to go through the formality of passing a Council Resolution, both Council time and staff time would be saved. It would also be more equitable for persons wanting to participate in the program. RECOMMENDATION. The staff recommends that the City Council adopt the attached Resolution which permits the income eligibility limitations for applicants for assessment deferral to be adjusted t o conform with the very low income limits as revised and set forth periodically by the U. S. Department of Housing and Urban Development. SUGGESTED ACTION: MOVED BY ______________________________ _ SECOND ______________________________ ___ YES ____________ ~,o------------~BSENT __________________________ __ • I • • - , • l • • RESOL!Jl' ION 00.31 SERIES OF 1985 • • • A RESOL!Jl'ION AMENDING STANDARDS FOR THE ELIGIBILITY OF PERSONS WHO APPLY FOR DEFERRAL OF PAYMENr OF SPEX:IAL ASSFSSHENTS AGIHNST THEIR PROPERTY OCCUPIED AS THEIR RESIDEOCE PURSUANT ro ENG.~OOD MUNICIPAL COOE AND PROVIDING A tm:HANISM OF REVISION OF SUCH STANDARDS. WHEREAS, the City of Englewood has recognized that sane of its citizens have limited property and fixed incanes and, as a result, are unable to pay assessments established by special assessment districts without creating a difficult burden upon those citizens; and WHEREAS, the City of Englewood, by ordinance, permits el i gible persons to defer payment of special assessments against their property occupied as their residence until a later, more appropriate time; and WHEREAS, the Ci ty Council is requ i red to establish eligibility criteria for persons parti cipating in the Englewood assessment deferral program; and WHEREAS, City Council desires to make eligibility criteria confom to those set forth by the U.S. Department of Housing ard Urban Development; ~. THEREFORE, BE IT RESOLVID BY THE CITY CCXJOCIL OF THE CITY OF ENG.EWOOD, COLORADO: 1 . That the i ncome eligibility limitation for applicants who a re senior persons, handicapped persons or d i sabl ed persons, ard l ow-income persons fo r assessment deferral shall be ad j usted period ically t o confo rm with the very low i ncane limits as r evised ard set forth period ically by the u.s. Department of Housing and Urban Dev elopment. 2 . That said guideline s shall be kep t o n file and open for inspection in the office of the Director of Comm unity Development • ADOPTED AND APPROVED this 7th day of October, 1985. Attest: Eu gene L. Ot1s , Mayor ex o ffic1o 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 canplete copy of Resolution No. __ , Series of 1985, Gary R. H1gbee • [ I • • • • C 0 U N C I L DATE August 28, 1985 • • - C 0 M M U N I C A T I 0 N AGENDA ITEM J /e._ Amendment to Title 8-2E-5 of SUBJECT the 1985 E.M.C., Establishment of Motor Vehicle Routes. INITIATED BY The Planning Division and the Fire Department. ACT I ON PROPOSED Request the City Attorney to prepare a Bill fo r Ordinance amending Title 8-2E-5 of the 1985 E.M.C. to prohibit the use of Dartmouth, Oxford, Quincy and Belleview as routes for vehicles transporting explosives and blasting agents, hazardous chemicals or other dan2erous articles and restrictinR hours on U. S. Hi2hwav 285 . INTRODUCTION AND BACKGROUND: The 1962 Municipal Code as amended, appeared to addres s only the transportation of flammable liquids (Section 25 .20-10) and restricted trucks carrying the flammable liquids to South Santa Fe Drive. The 1969 E.M.C. as amended, in Sections 2-3-4 and 2-3-5, designated Santa Fe Drive, U. S. Highway 285, Dartmouth, Oxford , Quin cy a nd Belleview as routes on which vehicles t ransporting explosives and blasting agents, hazardous c hemicals or other dangerous articals could be driven through Englewood. Trucks carrying lique fied petroleum or gas were controlled only as to parking, repairs and deliveries (see Section 14-2-2, 1969 E.M.C. as amended). The same routes for vehicles transporting hazardous materials were carried over into the 1985 E.M.C. Dartmouth, Oxford, Quincy and Belleview east of South Santa Fe Drive through Englewood and on east into Cherry Hills Village and Greenwood Village, go through residential neighborhoods. Persons residing in those residential neighborhoods should not be exposed to the possibility of a hazardous situation that could be created if tnere were an accident or a malfunction with the truck or its load. ~. 285, on the other hand, runs a d jacent to Cinderella City and other areas which generate high volumes of traffic (49,946 average weekday co unt at Inca and U. S. 285) especially between the hours of 6:00 a.m. and 10:00 p.m. U. S. 285 is also only one block from Craig Rehabilitation Hospital and Swedish Medical Center and runs less than one block from three nursing home facilities (Julia Temple Center, Cherry Hills Nursing Home and Cherry Park Health Care Facility) in which there are a number of patients who could not fend for themselves in the case of an emergency or an evacuation situation. South Santa Fe Drive is designated as U. S. Highway 85 and is a major route through an industrial area, although there are a number of per~ living in mobile homes in the vicinity of West Dartmouth Avenue and South Santa Fe Drive. The State Legislative Interim Committee on Highways and Hazardous Materials Transporta- tion has been addressing the matter of hazardous materials transportation and emergency response. The Interim Committee has drafted a Bill for an Act entitled "Hazardous Materials Safety Act of 1986". Under this Act, the Public Utilities Commission would • I • • • • • • -2- be designated as the State Agency having "general rule-making authority" over the hazardous materials safety program and would preempt local governments from regulating hazardous materials transportation "unless such regulations are identical to State regulations". Under the proposed Bill, the Public Utilities Commission could restrict routes which may be used by vehicles transporting hazardous materials, if so requested by local governments or by the State Highway Department. -- The pro posed Bill wpuld designate the local governments as "first-level emergency response authorities for hazardous substanc e incidents." This matter was considered at a meeting attended by Peter Vargas, Chief James Broman, Joe Plizga, Jack Olsen and Dorothy Romans earlier this month, and those persons agreed that some action should be taken by the City prohibiting the use of Dartmouth, Oxford, Quincy and Belleview as routes for vehicles transporting hazardous materials and restricting the hours that U. S. 285 could be used by vehic les transporting hazardous or dangerous agents, chemicals or articles to the hours of 10:00 p.m. to 6:00 a.m. It was generally agreed that it would be difficult to place any restric- tions on the use of South Santa Fe Drive. Because the Interim Committee was in session at that time, it was suggested that a letter be sent to Senator Martha Ezzard, a member of the Interim Committee, advising her of our concern in this matter; and City Attorney Jack Olsen agreed to do so. RECOMMENDATION: Be c ause the possibility exists of a very hazardous situation being created within the City of Englewood which would threaten the health and safety, and, indeed lives, of the public if there were an incident involving a vehicle transporting hazardous or dang erous agents, chemicals and/or artic les; the City should take such measures as are necessary to restrict the use of streets within the City which traverse residen- t ial neighborhoods and h igh-volume routes through residential areas and areas in which there is a concentration of personsand vehicles such as in the vicinity of the central business district and Cind e rella City. To this end, it is recomme nded that Ti tie 8-2E -5B of the 1985 E.M.C. be amended as follows: "Vehicles Tr ansporting Hazardous Chemicals or Other Dangerous Articles. The routes referred to in section 77 .802(1) of the Un iform Fire Code for vehicles transporting explosives, blasting agents, dangerous chemicals or other dangerous articles are hereby established as follows: 1. Santa Fe Drive; 2. U. S. Highway 285; EXCLUSIVELY BETWEEN THE HOURS OF 10:00 P.M. AND 6:00 A.M. It is further recommended that the City Attorney be requested to prepare a Bill for • I • • " • - • • • • • -3- Ordinance deleting Dartmouth, Oxford, Quincy and Belleview from Title 8-2E-SB and restricting the use of U. S . Highway 285 to the hours between 10:00 p.m. and 6:00a.m., all for the purposes set forth above. This recommendation is made in anticipation of State Action in this matter and to give the City the basis for a request or an appeal to the Public Utilities Commission, should it be necessary. SUGGESTED ACTION: MOVED BY ________________________ __ SECOND __________________________ __ YES _________ NO ________ ~ BSENT ____________________________________ __ • I • • - • • ORDINA!CE 00. SERIES OF 198_5_ • • • BY AUTHORITY A BILL FOR OJi.JOCIL BILL 00. 69 IN!'~ BY <XlUOCIL MEMBER ¢::{~ AN ORDINA!CE AMENDING TITLE 8, OiAPI'ER 2E, SB:TION 5 OF '11iE 1985 ENGLEWOOD MUNICIPAL CXJOE, AS AMEWED, 'ro PROHIBIT 'mE USE OF DAR'IMOUTH, OXFORD, OOINCY AND BELLEVIDi AS ROIJI'ES FOR VEHICLES TRANSPORTING EXPLOSIVES AND BLASTING AGENI'S, HAZARDOUs C:HDHCALS, OR orHER DANGERS ARTICLES, AND RESTRICTING HOURS ON U.S. HIGHWAY 285. WHEREAS, because of the possibility of a very hazardous situation being created within the City of Englewood which would threaten the health, safety and lives of the public if there were an incident involving hazardous materials; and WHEREAS, the City should take such measures as are necessary to restrict the use of streets within the City which traverse residential neighborhoods and high volume routes through residential areas and areas in which there is a concentration of persons and vehicles such as in the vicinity of the central business district and Cinderella City; NCM, 'mEREFORE, BE IT ORDAINED BY 'mE CITY COUNCIL OF '11iE CITY OF ENGLEWOOD, COLORADO, that: Section 1. Title 8, Chapter 2E, Section 5B, of the 1985 Englewood 1'\lmcipal COde be and hereby is <'~~~ended as follows: 8-2E-5: ESTABLISHMENI' OF K:YI'OR VEHICLE ROIJI'ES , B. Vehicles Transporting Hazardous Olanicals o~· r ~~ ~. The routes referred to in sectio 7.301(L)~ 77.802(L) of the unifonm Fire Code for vehic es transporting e~~plOsives, blasting agents, dangerous chemicals or other dangerous articles are hereby established as follows: . ~- 1. Santa Fe Drive; (: ~ ~ 2. U.S. Highway 285; EXCLUSIVELY BETWEEN THE HOURS eF~lO:OO P.M. AND~O A.M. t. 1 3. 9ari~~Rt .). -<>...<--~'J I'" 4. QMfe£8t 5 . ~iReYt 6. 8eUey4ew. Introduced, read in full, and passed on first reading on the 7th day of October, 1985. • I • - • • • • • • Published as a Bill for an Ordinance on the 9th day of October, 1985. Attest: Eugene L. Otls, Hayor ex officio city Clerk-Treasurer 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, accurate and canplete copy of a Bill for an Ordinance, i ntroduced, read in full, and passed on first reading on the 7th day of October, 1985. Gary R. Hlgbee -2- • l I I [I I • • • • • • 8 -2E -4 8-2E -6 8 -2E --4 : DEFINITIONS: Wherever the following words or terms are used in the Uniform Fire Code, 1982 Edition, they shall carry the following meanings : CHIEF OF THE BUREAU OF The Chief of the Englewood Fire Department or his f:IRE PREVENTION designee . CORPORATION COUNSEL The City Attorney for the City of Englewood , Colorado , or any designee thereof. (Ord . 4 Series 1983) INSTITUTION The occupancy or use of a building or structure or any portion thereof by persons harbored or detained to receive medical. charitable or other care or treatment , or by persof'ls involuntarily detained . (Ord. 50 Series 1983) JURISDICTION The City of Englewood , Colorado. (Ord . 4 Series 1983) 8-2E-5: ESTABLISHMENT OF MOTOR VEHICLE ROUTES: A . Vehicles Transporting Explos ives and Blasting Agents . The routes re ferred to in section 77.302(L) of the Uniform Fire Code for vehicles transporting explosives and blasting agents shall be the same as those routes established herein for vehicles transporting hazardous chem icals and other dangerous articles. as contained in subsection B be lo w . B. Vehicles Transporting Hazardous Chemicals or Other Dangerous Articles . The routes referred to in section 77 .802(L) of the Uniform Fire Code for vehicles transporting explosives , blasting agents, dangerous chemicals or other dangerous articles are hereby established as follows : 1. Santa Fe Drive; 2 . U .S . H ighway 285; 3 . Dartmouth ; 4 . Oxford ; 5 . Quin cy; 6 . Bell evie w . (Ord . 29 Serie s 1980) 8 -2E -6 : t~'iTA BU S HME ."'IT OF FIRE L\~f.S: A . B. The ftre lanes shall be established on pnvate property devoted to public use where the parking of motor vehtcle s or other obs tru ctions may tnte rfere wtth the ingress and egress of Fire Department vehicles for the protection of persons and property , such as at shopping centers, bowling lan es, theate rs, hospttals, schools, ch urches an d other simila r loca t ions wh ere fire fighting apparatus and equipment ca nnot be used effectively f ro m public accessways . The Chief of thf! Fire D epartment an d the Chtof o f the Po lice Departmen t sh JII es t Jblish sa td ftre lanes on premises heretofore se t out by f iling a piJt of sai d ) I • • • • • • To : .1nn"·' llrt'n•Ull , T'i n · Chief ~..-?~t.. n w::: 11. J .. }{c•lu;,w , A ~;~Jf tant !Jir. ct <·r o f C'omr.•unltv !J cvec lop ~.ent l ·.'.Ti : '·"!'"~t 1., 1 '•t ~. SLTl'.JECJ: Ro utes for Ve hicles Tran sporting Hazartlo u,· Cherr.ical~ or Oth~r Dangerous Articles Sectic>n 1>-2 E 5 t of th(, 1985 Englev.•ood }lunicipa l CodE e s tablishe s r 0u tes f o r vc..h icles transportin g hazardous cl•em icals or other dan gerous art icl E!o, The establ i sl1ed route!' are: 1. Santa re Drh•e 2. U. S. Highv.·ay 285 3. Dartmouth Avenue 4. Oxford Avenue 5. Qu incy Av enuE b. Belleview Avenue Dartmouth , Oxford, Quincy and Bellevie1.• Avenue ea!'t of South Santa FE DriYe exrend t hrough predc>rnin ately residential areas , a'lc it is my o p inion that tho se streets should not be designated a s rout es f0r vehiclecs carrying ha::ardo us cher.icals or other dangerous articles . 1 ~o·ould sug- ~E:s t that this matter be placed before the City Council ~o•ith a recommenda- tion t hat th ese st reets be removed from the routes identified in S ect ion 8-2 E 5 B. Because of th e high volume of traffic on U.S. 285 (49,946 total average ~eekday count for east and west bound at U.S. 28 5 and Inca), I wo ul d question that these vehicles be permitted to use this r o ute unless there are F e deral or State requireme nts. At the very leas t, thee hours might he r est ricted. I a ss u me South San t a Fe Dri v e ~o·c uld bE: difficult f e-r F.nrle•·c·od t o con,trol since, th ere i~ a r.-.inirr.al a ~.:.unt of t h;· st r eH th;.t c >:t~:nd s through our jurisdiction . wo u ld appreciatt an oppo rtunit y to d iscu s• thi • matter with y o u a n d wi ll he happy to a ss i s t in any v.•a y to a ccornp l i sh thi s a c t ion. cc: Chief Robe rt Holmts l l't<·T Var~;a!, Act :lng IJ:Inct0 r e>f Com~IU nity !Jc·\'!:l o p mt'llt .1 "< I'] J zr.:•, Tr ~f f i c f.n1 : in H ·l ,1 ;,:·1: Ol ,,,1 ,, C J t y Jo.t tc •Tioc ·y • I • • • • • • Outline of Proposed "Ha z ardous Materials Sa f ety Act of 1986 " 1 . P .U .C. empow e red to conduct hearings and promulgate rules and r e gulation s c onsistent and no more s tringe nt than 49 CFR 2. D.P.S . a u t h o r ize d to enforce; also any law enforcement officer, port-o f -e n t r y p e rsonnel and P.U .C. investigative personnel . 3. Preempt s l ocal regulation s except where identical to state regulations. 4. 50% of local mon e tar y p e nal ties r eve rt to stat e hazardous mat e ri a l s saf ety f und . 5 . Hazard o u s Mate r i al s S afety Fund a. Gene r al Fund appr o pr iation s b. Pe rm it fees c. 5 0% o f l ocal fi n es d. Civil pen alties c o llected by the state e. Taxes 6. Violation of P.U.C . ru l es /regu lations ; 25 -$1000 f ine and /or 1 year jail 7. LEO/POE/PUC p01·:er to impound /immobilize 8. ebicl abandonment i llegal; class 4 felony 9. Local gov rnment a u t h orized to claim reimbursement fo r c l ean -up 10. Tax on usersjstorersjt r ansporters 11. Permit system (government/farm exception) a. liability insurance (49 CFR) b. description of c argo c. driv r qualifications (49 CFR) d. consent to rules $50 one time j$200 annual fee f. violation $250 fine/Class I misdemean or g. required prenotification of nuc l ear materials s h ipme n ts h. local government preemption B. compliance orders; $5000 per day penalty 12 . P.U.C. sole authority to restrict r outes Petition to restrict route s may be submitted by a cou nty, city or DPpartment of Highways a. Prerequisites Ll. Informed h ea rin g c. Formal h nring (if opposed) d. Pr e r equisites (p. <!G) I • • • City of Englewood Joh n R . Olun . Ctl)' Attorney Cherlt-s C . Gr~mm, A•sl•tsnt CltyArtorney N a ncy N . Re 1d , Al~l st•nt City Anorney Senator M3rtha Ezzard Colorado General Assembly 200 East Colfax Avenue Denve r, Colorado 80203 • • • Aug~;s t 21, 19 85 RE: Bill on Transportation of Hazardous Substances De a r Senator Ezzard, ~··-~, . ·.. _,( .. t, ', ';·. I ' ,.r .. "' , ,f • ~ ,. . c;-·: \, .. ,, '~ .... 3..: .... ~ 5 E'ali St'Ff'l E.'•11e 9\C:·O CtJ i orad "' P.0110 P 'cr.e (J OJ J 761· 1 1 <0 The Colorado Municipal League has forwarded to me a draft of Senator's Meiklejohn's Bill on th i s subject, a~d 1 have reviewed it wit h great interest and thought t h at I should write to you about i t. On behal f of the City of En gle wood, we are greatly concerned th at t he City's authori t y to r egu l ate routes for transportation of haza r dous substances is being removed in this Bill. At the same time , no attention is p aid to establishing criteria or standards f or location of such truck r outes , pa rticularly as relates to r esid ential neighborhoods. I see that the purpose of the Bill is to endorse and follow federal standards for explosives. Appa rent ly , Senator Meik le j ohn, may believe that the Federal govern m e~t has pre-empt ed t he f ield or t h at Colord~O is n0 t p e rmitted ~7en to lncident3lly ~ffe~t ir'\..~r s :.:.t e Cli!T'il\i Er c t:::. I b e lieve that t h e State of Colorado can go further in r e~u l a tion o[ the transportation of h~zardous 5u bstance s th~n is se forth in s~nator Meiklejohn's Bill , and I would very much li ~e t o se e some l an9ua~e th a t expressl y establishes standards for est..,bl i:;hing (or not establ ishir11:Jl such routes in or n c:tr r P~id c ntidl n ighborhoods . Moreover , I wo uld reque st t~at o.t d lul o ry l.JngUJ')..; be lncl u ,J rJ th'lt yi·1e s d mu:-~icipetlity , thr0 uq h I • • - • • • Augu s t 21, 19 8 5 Senator Ma rt ha Ezzard • • • RE: Bill on Transportaiton of Ha z a rd o u s Substance s P age Tw o its Mayor and City Council, some special or specially weighted input to the Public Utilities Commission when it considers the establishment of truck routes. Than k you for receiving this input, and good luck as you consider this important legislation. JRO /nf Sincerely, Jack Olsen City Attorney • I • • 6 NORTH ' I : • • • ROUTES FOR VEHICLES CARRYING HAZARDOUS CHEMICALS CITY OF ENGLEWOOD, COLORADO I . . -• • • PROPOSED ROUTES FOR VEHICLES CARRYING HAZARDOUS MATERIALS ., CITY OF '',ENGLEWOOD, COLORADO 6 NORTH War re n Balt iC • I l iff Co ll e;e ----.---THl 1C:KS Jt[STR I C.Tfll RrTWl J:!~ Till IIOliH S Of' (,: 00 A. '·i. dlltl 1 (): ()(l 1'. ~\. ,.; f H I . • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE October 7, 1985 AGEND,t_ ITEM /J'rL SUBJECT City of Englewood Annual Audit and Financial Report INITIATED BY Gary R. Higbee, Director of Finance ACT I ON PROPOSED Acceptance of an agreement with the accounting firm of Price waterhouse as the City's auditor for the years 1985, 1986 and 1987. BACKGROUND During the month of August, the City Finance department issued an RFP to approximately 15 local accounting firms requesting bid proposals for the City's annual audit examination financial report. During the month of September, Englewood City COunc il appointed an Audit Selection COmmittee comprised of Mayor Otis, COuncilman Vobejda, Assistant City Manager Peter Vargas, Finance Director Gary Higbee, to review the audit proposals sul::mitted, and to select and make a recommendation to council for an accounting firm to audit the City of Englewood for the fiscal years 1985, 1986 and 1987. The Aud it COmmittee met on two seperate occasions. The first time the Audit COmmittee met, a review was conducted of each of the audit proposals by the committee members whereby the committee selected s ix accounting firms they wished to conduct interviews with. The committee then met with the final six accounting firms providing the firms with the opportunity to make a presentation to the committee as well as a question and answer session. REX:OtflENDATION Based on the aforementioned selection criteria and interview process the Audit Selection COmmittee recannends the accounting firm of Price Waterhouse as the City's auditing firm based upon the firms estimated number of work hours, pricing, work experience, the City being provided with 40 hours of consulting time by the Price Waterhouse Denver office to be utilized in whatever manner the City of Englewood chooses, and the firm's business approach to auditing the City of Englewood • I • • - • • • • • FINANCIAL DETAILS AUDIT PROPOSALS SUBMITTED Name of Firm Total Cost of Audit Estimated Audit Hours/Yr FOr 3 Years K.J. Griffith & Oo. *Oppenheim, Appel & Dixon *Price waterhouse • Arthur Young *Touche Ross & Oo. *LeiTnan Butterwick *Peat Harwick & Mitchell Alexander Girant Van Schooneveld & Oo. McCurry & Co. Bondi & Oo. Coopers & Lybrand COmbellick, Reynolds & Russel *PROPOSALS SEL&:'I'ID EUR INTERVIEW LeiTnan Butterwick & Oo. Price waterhouse Peat marwick & Mitchell Oppenheim, Appel & Dixon Touche Ross & Oo. Arthur Young SUGGESTED ACTION: 1137 700 870 1000 1000 740 740 660 860 1376 980 1300 1176 MOVED BY ____________ _ SECOND $ 70,200 86,150 96,000 - 97 ,000 99,800 103,100 104,030 104,500 111,875 116,000 119,500 128,000 129,400 YES, ____ No, ____ _, BSENT _________________ _ • I • Prire Haterhouse October 1, 1985 Mr. Gary Higbee Director of Finance City of Englewood 3400 South Elati Street Englewood, Colorado 80110 Dear Mr. Higbee: • • • 9so Seventeenth Stree : Denver , CO 80202 • This letter will confirm our understanding of the arrangements made with you covering the examination of the financial state- ments of the City of Englewood (the "City") for the years ending December 31, 1985, 1986 and 1987. Please sign and return one copy to us. Our examinations will be made in accordance with generally accepted auditi~g standards and will include such tests of the accounting records and such other auditing procedures as we con- sider necessary in the circumstances. They will also be directed to the expression of our opinion on the fairness of presentation of the financial statements taken as a whole in conformity with generally accepted accounting principles, including statements and interpretations of the National Council on Governmental Accounting and the Governmental Accounting Standards Board. Our examinations will encompass a compliance audit of all Federal- funded grants in accordance with OMB Circular A-128. We will also perform tests of ccmpliance with all Federal laws and regulations, the Colorado Revised Statutes and local ordinances and resolutions. In addition to issuing our report on the City's financial statements and the reports required under the Single Audit Act of 1984, we will issue separate reports on the financial statements of Bi-City Wastewater Treatment Plant, Englewood Downtown Development Authority and Englewood Urban Renewal Authority. If, during the course of our examinat i on, we discover factors wh ic h would prevent us from i ssuing an unqualified opinion on the f i nancial statements, we wi ll discuss the matter on a timely b asis wi th you and attempt to arrive at a resolution acceptable t o both of u s . An es s e nt i al fea t ure of ou r examinat i ons i s the review and Pval uat i on of the City's system of i nternal control and account- i ng pro ce dure s upon wh i ch the scope and extent of our aud i t tests a r e det e rm i ned and a top-down r e v i ew of the City's operat i ons. I n c onn ectio n wi th our rev i ew in 1985, we plan to issue two ma n age ment l e tters, on e at the complet i on o f our plan - I • • • October I, 1985 Mr. Gary Higbee Page 2 . . • • .. ning phase and one at the completion of our audit work. These reports will provide the City with any suggestions and recommendations for improvements in the system of internal accounting control as well as other suggestions designed to assist management in more effectively directing the affairs of the City that come to our attention. Under generally accepted auditing standards, the independent auditor has the responsibility, within the inherent lim i tations of the auditing process (cost/benefit relationship, management's override of controls, etc.), to plan his examination to search for errors or irregularities that would have a material effect on the finan ci al statements. However, an examination directed to the expression of an opinion on the financial statements is not primarily or specifically designed, and cannot be relied upon, to disclose all irregularities or improprieties which may exist. ~e shall inform you promptly of any findings that appear to be unusual or abnormal. We commend the City on its receipt of the Certificate of Excellence in Financ i al Reporting (the ''Certificate") (formerly the Certificate of Conformance i n Financial Report i ng ) fro m the Government Finance Officers Association (GFOA) and support the City in its desire to cont i nue to bu i ld on its past achievements. As part of our ~xamination, we will review a draft of the Cit y 's 1985 Comprehensive Annual Financial Report (CAFR) for compliance with the reporting re quirement s of the Cert ificate. I n add i tion, as outlined in our proposal, one of our audit managers, who is a member of the GFOA Review Co mmi ttee for the Certificate will perform an independent review of a draft of the City's 1985 CAFR for the purpose of identifying any matters that would im prove its form and content. This review will be performed at no additional charge to the City. In the event the City is not successful in obtain ing the Certificate, we would assist the City in its appeal to the GFOA for reconsideration. The all-inclusive fee for the examination of the City for each of the three years is as follows: 1985-$30,000; 1986-$32 ,000; and 1987-$34,000. In the event that there are major matters which arise, which are not presently known, that would lead us to be- lieve that our fee would be exceeded, we would plan to d isc u ss their impact on our fee with you on a timely basis . • I • • • October 1, 1985 Mr. Gary Higbee Page 3 .. • • • • As outlined in our proposal, we will provide 40 hours of consulting time by our Denver office MCS department to be utilized in whatever areas or projects the City requests. In addit io n, we will conduct a seminar on the microcomputer for appropriate members of the City's Finance department and provide appropriate City officials with periodic accounting and auditing updates at no additional charge to the City. We will bill our audit services for the 1985 examination of the City in accordance with the following schedule which corresponds to our est imat es of when our time and expense charges will be incurred. October 30, 1985 November 30, 1985 March 30, 1986 Upon delivery of audit reports Amount $ 5,000 10,000 10,000 5,000 $30,000 As requested by you, we have developed an estimate for our fee to type the City's CAFR for 1985. Charges for our services are based upon the hourly rates for staff in our Wordprocessing department. On the basis of our preliminary review of the City's 1984 CAFR, we belie ve that our fee for typing the 1985 CAFR to be approximately $1,000, based upon a rate of $15 per hour. Our fee will be billed upon delivery of the typed 1985 CAFR to the City and will be based on the actual time incurred. In the event the City requests us to type the CAFR in 1986 and 1987, we would discuss our fee with you at that time. As outlined in the City's Request for Proposal, we understand that the City has the right to cancel the examinations for 1986 and 1987. We are extremely pleased that you have selected us as your independent accountants and look forward to serving the • I • • - • • • October I, 1985 Mr. Gary Higbee Page 4 • • • • City. Should you have any questions regarding the foregoing or any other matter you wish to discuss, please contact Rich Byczkowski or me. Yours very truly, PRICE WATERHOUSE By:~/r~ Jame~ussbaum Partner-in-Charge JGN/ksb I hereby confirm my understanding and agreement to the arrange- ments discussed herein. Gary Higbee Director of Finance City of Englewood Date: I • • • • • c 0 u C I L C 0 M M U N I C A T I 0 N DATE October 7 , 198 5 198 6 Budg t Mill Levy AGENDA ITEM II/ SUBJECT INI TIATED BY Gary R. Higbee , Director of Finance ACTION PROPOSED Passage of a bill establishing the 19 8 5 mill levy upon each dollar of the asses sed valuation for the 1986 budget. BACKGROUND Below are the dollar amounts generated by the mill levies for the 1986 budget year. Please note the 1986 budget mill levy is the same as in the 1984 and 1985 budget years (no increase in taxes to Englewood citizens). The net vaiuation used to create the 1985 mill levy is $160,698,006 . City of Englewood (160,698,006) Following funds are available for operating budgets 5.694 mills 2.496 mills $ 915,014 General Operating Fund $ 401,102 Debt Service Fund Downtown Development Authority (28,498,429) 5.000 mills $ 162,028 Available funds to Downtown Development Authority I • • ~ rc ORDINANCE NO. SERIES OF 1985 • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 74 INTRODUCEDt~-~OUNCIL MEMBER -f,. ~ AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO, FOR THE YEAR 19 86 AND ESTABLISHING A MILL LEVY FOR THE ENGLEWOOD, COLORADO, DOWNTOWN DEVELOPMENT AUTHORITY. WHEREAS, it is the duty of the City Council of the City of Englewood , Colorado, under the Charter of said City and Statutes of the State of Colorado, to make the annual levy for City purposes for the 1985, due and payable in 1986; and WHEREAS, the City Council has duly considered the estimated valuation of all of the taxable property within the City and the needs of the City of each of said levies and has determined that the levies, as hereinafter set forth, are proper and wise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY • OF ENGLEWOOD, COLORADO, as follows: Section 1 . That there be and hereby is levied for the year 1985, due and payable as required by Statutes in the year, 1986, a tax of 5.694 mills on the dollar for the General Fund of the City of Englewood, Colorado, and 2.496 mills on the dollar for the Debt Service Fund of the City of Englewood , Colorado . Th at the levy hereinabove set forth shall be levied upon each dollar of the assessed valuation of all taxable property within the co rpor ate limits of the City of Englewood , Colorado, and the said levy shall be certified as requ i red by law . Section 2 . That under the authority of Par t 8, Article 25, Ti tle 31, of he Colorado Revised Statutes, 1973 , as amended, there be and hereby is l e v i ed for the year 1985 , due and payable as required by la w in 1986, a t a x of 5.000 mills on he dollar for the use and benefit of the Englewood Col or a do Down t own Development Au t hority . That the levy hereinabove set forth shall be levied upon each dolla r o f t h e assessed valuation of all taxable property within the En glewo od Colorado Downtown Development District , and the sa i d levy shall be ce r i fied as required by law. Introduced , read in full, and passed on first reading on the day of , 1985 . I • • n - • • • • -2- Published as a Bill for an Ordinance on the ---------------------' 1985. day of Eugene L. Ot1s, Mayor ATTEST: ex off1c1o C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Bill for an Ordinance passed on first reading and published in full on the 9th day of October, 1985. Gary R. H1gbee • I • . , • • • - -·--------------------------------------------------------------------~ j (_' C 0 U N C I L C 0 M M U N I C A T I 0 N ' ( DA TE October 3, 1985 AGENDA ITEM "' SUBJECT State of Colorado State Trails Program Grant Amendment Request I NITIATED BY Parks & Recreation Department J;,CT I ON PROPOSED Approve contract amendment between the City of Englewood and the State of Colorado State Trails Program to allow funds from the City's trails grant to supplement funding of the greenway trail bridge across the S. Platte River on the Western boundary of Englewood Municipal Golf Course. INTRODUCTION: In 1983, the City of Englewood applied for a grant from the State Trails Program to fund development of the Golf Course River Trail along the West bank of the South Platte River running through the Englewood Municipal Golf Course. The City received $100,000 of an 0riginal $161,062 request in the Spring of 1984. BACKGROUND: The City has entered into agreement with the South Suburban Metro Park & Recreation District to construct the trail through the Englewood Golf Course, which is now in process. The City of Englewood will maintain the trail after completion and South Suburban will remain as owner. FINANCIAL: Bids were opened August 2, 1985. The low bid by Jatcko Construction of Boulder was a total construction cost of $240,702.50. Contract items included the bridge across the South Platte River, 8' wide concrete trail, tree plantings along the trail, and the path- way leading from the River Trail to the clubhouse. Bid price of items minus the bridge was $116,802.50. REMARKS: The City of Englewood has committed a total of $200,000 for completion of the hike-bike trail through the Englewood Municipal Golf Course; $50,000 from the General Fund, $50,000 from lottery proceeds, and a $100,000 matching grant. In order to bring the trail from the West side of the South Platte River to the West side of the front nine, it was necessary to construct a bridge crossover, a cost not anticipated in the original plan- ning process. Since the bridge was not an item of the original grant application, it has become necessary to amend the original contract to allow grant funding to apply to the bridge. • ·I I • • - • • • • • RECOMMENFATION: That City Council approve an ordinance amending the contract between the City of Engle- wood and the State of Colorado to allow a portion of Englewood's grant funding to be used for the bridge connecting the Colorado Greenway Trail to the Englewood Municipal Golf Course • SUGGESTED ACTION: MOVED BY ______________________________ __ SECOND'--------------------------------- YES NO _____________ ~ ABSENT __________________________ _ • • I • • n ( ( • ORDI N.r.JCE tl?. SER I ES OF 198_5_ • • • BY AUTHORITY A BILL FOR <XXJOCIL BILL tl?. 73 lNTRODUCElYBY COOICIL HEMBER 'J (} 1 AN ORDINAOCE APPROVING TRAILS com'RACT AMENDMENr BE'IWEEN 'mE CITY OF flG.EWOOD AND 'mE 5rATE OF a>LORAOO JICTING BY AND THRClUGi 'niE DEPARTMEm' OF NATURAL RESOURCES FOR 'mE 1.5E AND BENEFIT OF 'mE DIVISION OF PARKS~ Ol1I'OOOR RD:RFATION TO CONTINUE 'mE ~y TRAIL SYSTJ:l1. WHEREAS, the parties previously entere1 into a contract dated August 28, 1984 (Fund No. 4001, GIL Account No. 51377, Contract Encunbrance No. Cl68308, Contract ~uting No. 85061); and WHEREAS, it has been deteonine1, in conjunction with south Suburban K:tropolitan Recreation and Park District, that a bridge is nee1e1 across the SOuth Platte River in order to provide the public with a continuous trail on the Greenway Trail System; and WHEREAS, the State agrees with the assessment of the City of Englewood and SOuth &lburban K=tropolitan Recreation and Park District and to cost share in the construction of the bridge over the SOuth Platte River; ~. 'niEREFORE, BE IT ORDAINED BY THE CITY <XXJOCIL OF 'mE CITY OF DG:.EWOOD I COLORAOO I that: Section 1. '1he Trails O:mtract llnerDnent between the City of Englewood and the State of Colorado acting by and through the Department of Natural Resources for the use and benefit of the Division of Parks and Qltdoor Recreation, a copy of loilich is attached hereto and incorporated herein by reference, is hereby approve1. Section 2. '!be Mayor and ex officio City Clerk-Treasurer are hereby authonzed to sign and attest said contract for and on behalf of City Council and the City of !n;!lewood. Introduce1, read in full, and passed on first reading on the 7th day of Oc t ober, 1985. I • • ( • • • • Published as a Bill for an Ordinance on the 9th day of October, 1985. FA.Jgene L. Otis, Mayor Attest: ex off1c1o C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of fllglewood, Colorado, hereby certify that the above ard foregoing is a true, accurate ard CCJDplete copy of a Bill for an Ordinance, introduced, read in full, ard passed on first reading on the 7th day of October, 1985. Gary R. Higbee • ( , l I • • ( • • • - Coloudo State Trdlo Project llo.~ Aaency 34-12-00 Control llo. C/L llo. 51322 TR.Al LS CONTRACT AMENDMENT Thio Contract Aaend .. nt .. de thio ___ day of , 19A, by and between the State of Colorado actin& by and through the Departeeot of llatur-al leaourcea for the: use and benefit of the Division of Parka aod Outdoor i.ecreation, hereinafter Teferred to •• the State, and City o f Englewo cd herinafter referred to •• the Contractor. WHEI.EAS, the partiea previoualy entered ioto a contract dated the 28th day of Augu s t , 19~. havina Fund No. 4001 , C/L A~ No. 51377 Contract Encuabrance No. C168308 1 and Contract Routin& No. 85061 , a copy of vhich ia attached hereto aDd incorporated herein by reference •• Exhibit A; and WHER.EAS, the contrac.tor in the perfor..nce of ita contract baa cle:terwined that not all projecta fund a will be expended to ca.plete the project; aDd WHEREAS, the intent of the project ia to provide the public with a continuoua trail •lona and if need be over the South Platte liver, and WHEREAS, the: contractor in conjunction with South Suburban Metropolitan Recreation and Park. Diatrict haa •creed that a bridae ia needed to croaa the: South Platte liver in order to continue the Creenway Trail Syatn; and WHEI.EAS, the State agreea vith the aaaeaa.ent of the contractor aod South Suburb~n Metropolitan Recreation and Park Diatrict; and WHER£.AS, the South Suburban Metropolitan Recreation and Park. Diatrict and the Contractor have agreed that if the contractor waa per.itted by the atat~t to COlt share in the con1truction of a bridae over the South Platte liver they would do ao and WHEilEAS, the State hal no objection to the joint enterpri&e and find• it contiltant with the ori&inal project purpoae. Now therefore, it ia hereby •a. reed that the contrt&ct vhich ia herein before referenced aa Exhibit A ahall be a.ended •• followa: L Under "Project Scope" add, ••ne project vi 11 further provide for coat eharing of prefabricated oteel bridae approaiutely 27S feet lona I I feet vide over the South Platte River near Ha.pden Avenue vith the South Suburban Metropolitan Recreation and Park Oiatrict." 2. In all other rupecu the contract ehall r.-ia the •-· lN WITNESS WHEREOF, the partiu hereto have aaeeutetl thio Acre-ot oa the day firat above written. STATE OF COLOIADO IICIIAaD D. UIIC, COY!JUI)I ly ~~= .. =c=u-.,~.~· .. =-~D~a=r=e=ct~o~r~--------------- )( CoDt ractor --------------------------D£PAineiiT Poo it ion -------------------------- OF ________________________ _ Social Security .... ber or Eooployer ID APPROVALS ATTORNEY CENEIIAL COIITIDLLEI'------------- ly ly -------------- Divioion of Parkl anti Outdoor llecrution • I • • - ( • SOUTH SUBURBAN PARK FOUNDATION Karch 27. 1985 Kr. Andy McCown City Manager City of Englewood 3400 South Elati Street Englewood. CO 80110 Dear Andy: • • - As per our meeting monday at Bill Woodcock's Office. we have agreed to the following implementation strategy for the River Greenway trail between Hampden and Oxford: 1. Englewood will transfer $100.000 to the South Suburban Park Foundation as part of the cost of trail development between the propoaed pedestrian bridge upstream of Hampden and Oxford. lk>lrdoll""'- Mra . Mal)' Carter · Chelrmen Mr. Charlea Stroh Mra. Ann FHney Mr. John Knutao" Mr.Jeck Ao .. Mr. Ste .. Knowlton Mra. Ann Polumbua Mra. 8ev 8redahew 2. The Foundation. in cooperation with the South Suburban Metropolitan Recreation and Park District. will build the trail aa ahovn on the enclosed preliminary plan between the pedestrian bridge and Oxford. The improvements will include: -the river trail as abovn -the trail connection to the old clubhouse (asphalt) -related arading and drainage improvements -golf course aecurity fencina -aignage -seeding alona the areas disturbed by the Corps of Engineers (aa indicated by the Parka Depart.ent and approved by the State Trella Program) 3 . Should the bids for the above items be leas than $ 200.000. any r emaining funds will be amended into the pedestrian bridae project which connects to the trail juat south of Hampden. The bridge project will alao include up to $10.000 worth of trees to be planted along the golf course once the bridge ia funded . 4 . It i s the Foundation's intent to aasiat Englewood with funding the trees along the aolf course before proceedina aouth from Oxford in order to promote a quality Greenway project . 5 . I t ia our intention to have the construction work underway by 6315 South University Boulevard • littleton, Colorado fm21 • (303) 798 -2493 • I • • ( ( • • • • Andy McCown Page Two June with completion in the early Autumn. Hopefully, the clarifies our mutual objectives. We look forward to working with youl Sincerely yours, -s...; [;: ---------. -- Robert H. Searna, Development Coordinator c~Packy Roaana Leon ll:uhn Mary Carter Bill Woodcock • I . - ( • ( • l•t . W.tl (600' t f26) Renl!r at.ll"' (600' f IJO) •~•t Ana /Ov~doo\ Uanoa• (4 f USO) ConuructSoft lu\total plu.e 51 Contf.na•ncJ Total Cor.UrvcUoa ht.t.otal pluo 101 .U.. Total IS,600 u.ooo 5,000 ~ • 190.900 i 20::!:~ + 15,000 e 2U,4U i 21 :"5 • • • :too,,., u.- 21,S45 Pre.ea'll.t Puadt .. lovreee J -.. lal. t'o l.alae lute 'l'l'atle •as llon··t• .. l'ou .. au ... ru.o n -.. to llel~.ewt- Uet .. Potlo (-t UZ) c ... , .. (10000 ,u t U.50) -••U (JOO' f UO) htotu ..... u (400 h t U6l Dntn u ... ,.,..•Cla. l'et. wall) "·-· (Z t llSO) Cout~"Vtlloe s-.•total pl• Sl eoeu .. eacJ Total Co•tc\lctloe lnatneen .. flue tor.-. 'rotal LS.tt.let .. Ot.Mr Ub17 ----• Clop roy ltate I'I'.U. 4 15 ... ,..,.~ . • :U6,tf0 ~, .. , "·-n.-'·-10,400 10.- ~ • 1)4,100 i ~~::~ i 1ls.aoo . i 115,661 66 ,..,_, 101,116 140,105 U,IOO 15,661 ."T.ul .., ..... a.u-a-....... -·-. -. .., 171,266 101,266 • .,.,.,,. • 666,577 ...,.., ... onateal e7ti,J50 ., · f60,266 -.. "'---.&-•'• •"-•• --.,. ..... --.. ... '---•• ktwHa llal-... llelS..'-• ate ••-••.., ..-t• .... • ...._. -erMI• ._'-en nftaM . ., ,. • . - I • ( ( • • • - Phau tJ Ph .. sna, ahd Pund tna Analyata (A$ OP )/l7/IS) p-pl!l"dced h•hn·e u.ab ta Mnd Ph .. a 11 A-Pad .. trtan artdae 0.J 1/IS) P.-d . artda• P lva Sl ConUnaanc:y Total Conatn.c:tlon • 200,000 i 2:~::: • 210,000 16,000 lahtotal plu 101:,.._ t U6,000 • 22,600 t U,600 Total (plu. traea) ltata T'raJl.e ISKJ"U) llatdt S'hartdaa CreetwOOd 1'tllaae Cherry aula Ytllaa• ISKP&D Cra111t Cohal:tl• low Ker Total P\lnda a.l ......... Other Ltb.l7 lourcea: J'ohuoo Fouadlatt .. &nalewood/ltate hatla • 241,600 + 10,000 ZSI,600 41,500 p 41,500 p 14,000. 10,000. s.ooo p 17,500. s.ua • s.uo. ll7,i11 120,722 as.ooo 10,000 Pac:a, kant. CF6J, 'l'raa DDftetiOM 1),401 (""'l' .-..ura erant _......_,, s.ooo ...... 11 -r .... u ,.._ an•ao to Oafonl ~ t/IS) 'l'iet.cl Pou (JIOO'I fZZ) AaplMlt PatJ. t.o Cl ....... (121S' • 110/ft.) er.u .. (JOOO CJ'II 1 u .so) Cu lYar ta lo Drat-• Coif Couroo r .. ce (1600'1 flO) -··n..lch s -· • 12000 11-• (S f IZSO) eo-c . a..t.otal pi• 5I Coetl_.,cy 'l'otal C...tntc:U.OD baJ-rt• Sulttotal pi-101 .... Total h .. aot ,.,.., .. Sour-ce.t ltoto 'l'nllo (ltaal_.) .... 1...-.. tcb Total h .. • Sal. to a..tae 71,100 U,JSO 7,500 12,000 16,000 10,000 ~ t IJI,'IOO '":::n t ~::::n + 16,964 I 116,Stt IOO,CIOOp IOO,DOOp -·--- • 200,000 • (1),601) 145,6» 14,000 l6,K4 OO'J'otal -.. ,-....... to Oltfonl •••••••• t 44S,I- "'••• 11 c -o.fonl to Da1on (~J 4/16) 'l'lntod r.th (4400' I fU) C:rodlna (10,000 ,... I tz.SO) ... n ,.~. 1-1 .. 0. f otd Underpa•• f6,100 u.ooo u.ooo 4,SOO • • 248,600 10,000 (tr-•) t 120,7U 116,Stt (13,601) I • •