HomeMy WebLinkAbout1985-10-07 (Regular) Meeting Agenda•
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City Council Meeting -Reg ular
-October 7, 1985
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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 •
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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.
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(! l/J Communication from the Library Advisory Board
transmitting a committee report regarding the duties and
responsibilities of Library Advisory Board members.
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9. C~ent Agenda.
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f i (a) Minutes of
{ 1 ( ~ meeting of
the Parks and Recreation Commission
August 8, 1985 • I • •
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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.
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(h)
c_f>5D.I "'U
ettL --Y
d . . . i u. ·, d (• ). ~ Or 1nance on f1nal read1ng propos ng amendments to the
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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.
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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
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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.
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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
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REGULAR MEETING:
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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.
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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
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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 •
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October 7, 1985
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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 .
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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.
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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.
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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:
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October 7, 1985
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Ayes:
Nays:
Absent:
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Council Members Higday, Van Dyke, Vobejda, B ilo ,
Bradshaw, Otis.
None.
Council Member Weist.
The Mayor declared the motion carried.
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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.
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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.
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October 7, 1985
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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.
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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.
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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.
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October 7, 1985
Page 5
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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.
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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 •
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October 7, 1985
Page 6
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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.
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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.
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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.
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October 7, 1985
Page 7
Absent:
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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.
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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.
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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.
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Council Member Higday excused himself from the meeting a t 8:25
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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.
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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.
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Consent Agenda items were:
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October 7, 1985
Page 10
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
( i)
( j)
(k)
(1)
(m)
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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
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October 7, 1985
Page 11
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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.
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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.
•
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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.
•
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October 7, 1985
Page 13
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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.
•
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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
•
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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.
•
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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:
•
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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 • •
(
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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 • •
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• •
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 .
-
(
•
(
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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
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ROLL CALL
Hoved Seconded
Hlgday
Neat
Vobeida
Weist
Bllo
Bradshaw
Otls
MOTION:
•
Ayes Nay Absent Abstain
I . .
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• -
• •
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 •
•
•
•
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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 • •
•
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-----AGENDA ITEM :b t{L
Moved Seconded
Hlqdav
Neal
Vobeida
Weist
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Otis
MOTION: { 'J
•
• •
PRESENTED BY --------
ROLL CALL
Ayes Nay Absent AbstaIn
/
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/
I I
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•
• •
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<-..
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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: ,
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• •
•
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AGENDA ITEM P~SEmEDBY __________ __
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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 ------
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Moved Seconded Ayes Nay Absent Abstain
Hlqday
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Vobeida
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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~
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ROLL CALL
Hoved Seconded Ayes Nay Absent Abstain
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Nea...!.
VobEU.da
We...!_st
L ...l!Jlo v Bradshaw
Otis
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• •
I • •
•
• •
AGEN DA ITEM ----
PRESENTED BY -------
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/t. ~ tr -(I u-'\U<h -
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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 -> .
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• •
•
• •
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
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September 16 , 1985
Page 9
SERIES OF 1985
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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.
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September 16, 1985
Page 10
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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 •
• • • • • • •
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September 16, 1985
Pag e 11
RESOLUTION NO. 35
SERIES OF 1985
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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 •
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September 16, 1985
Page 12
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There being no further business, COUNCIL MEMBER HIGDAY MOVED TO
ADJOURN . Mayor Otis adjourned the meeting without a vote at 8:55 p .m •
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SPECIAL MEETING:
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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.
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September 23, 1985
Page 2
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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 •
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September 23, 1985
Page 3
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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.
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MEETING:
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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.
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September 23, 1985
Page 2
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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 • •
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September 23, 1985
Page 3
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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
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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
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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 ~.
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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:
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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:
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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 .
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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.
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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 .
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STAFF REPORT
Page -2-
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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
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STAFF REPORT
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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 •
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Page -4-
RELATIONSHIP TO THE COMPREHENSIVE PLAN:
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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 •
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STAFF REPORT
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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 .
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THE MARKS
&U8.1ECT SITE
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SITE PLAN -8 14 TO 18 STORY 8UILDIN8S
ROMANS PARK 1
---------
KIMBERLY WOODS KIMBERLY VILLAGE
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~ THE LAKES-PROWSWOOD DEVELOP.
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ORDINAN:E oo.56
SERIES OF 198_5_
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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:
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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.
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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.
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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 •
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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.
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(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.
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(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.
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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 •
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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
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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
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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 .
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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 __________________________ _
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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:
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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
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-•"J,......,.IIf ,' -···::;,·-··---·
'"S .J i ld i n g Permit
1\DOR::SS .-, (:· C ,...
OF JOB , ) I 7 I'
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' ~" 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 ........ ...... ..... , .. ,.,,
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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
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YES 0
NO 0
ADDRESS
THIS FOAM IS A PERMIT ONLY
WHEN VA LIDAT ED HERE
' lr •• "•M• • .,...,, •" uce,...
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OROINAtCE 00.
SERIES <F 198-s-
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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.
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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
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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 • •
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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:
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lEGAL DESCRIPTION:
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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
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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
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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:
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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
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September 2), 1985
Mayor Eugene Otis
City of Englewood
)400 South Elati Street
Englewood, Colorado 80110
Dear Mayor Otis1
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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.
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GIIY 1tif\1'!.' '; ..l 1Jr r •t.:
r:r·;-···u t.'
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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.
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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 • •
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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
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[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
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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
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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
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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:
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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
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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
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The Meeting was adjourned at 9:00 p.M.
Linda Uilks. Recording Secretary
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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.
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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 .
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Page Two
Minutes
August 14, 1985
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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.
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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:
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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 .
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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
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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 .
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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
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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
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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
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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.
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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 •
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~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 :
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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 •
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Englewood Liquor Licensing Authority
August 21, 1985
Page 4
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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.
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Th e meeting adjourned at 10:30 p.m.
J n;_-c_ ..... ~ fi 1u ·e.~~----
an 1 ce L. Owen
eputy City Clerk
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I. Call to Order
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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.
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Englewood Housing Authority
Board of Commissioners
Regular Meeting
August 28, 1985
Page two
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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 .
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Englewood Housing Authority
Board of Commissioners
Regular Meeting
August 28, 1985
Page three
MOTION
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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.
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Englewood Housing Authority
Board of Commissioners
Regular Meeting
August 28, 1985
Page four
VII. General Discussion
Director's Choice:
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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 . •
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Englewood Housing Authority
Board of Commissioners
Regular Meeting
August 2B, 1985
Page five
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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 .
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Englewood Housing Authority
Board of Commissioners
Regular Meeting
August 2B, 1985
Page six
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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.
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Englewood Housing Authority
Board of Commissioners
Regular Meeting
August 28, 1985
Page seven
MOTION
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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,··
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:tr'iis t 'f1 ·
Chairman
/~/ ' ' .', /
(_.,. .. ~ ·~"-i l ~ .. ' !'-fi.:.
Charlo tte t~. t'l"ll• lta >d
Re cord ,ny ::;,j c' el"
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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 .
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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.
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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
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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.
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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 .
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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
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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.
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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.
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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
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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
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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 .
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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.
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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
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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
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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
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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
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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.
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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
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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
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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.
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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
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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 ....
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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 .
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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
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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.
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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
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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,
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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
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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.
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ORDINMCE NO.~~
SERIES <F 198-5-
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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.
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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
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: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;
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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.
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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.
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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.
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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
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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.
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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
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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.
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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
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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-
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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
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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
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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.
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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 ------------------------------
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EXHIBIT A
City of Englewood
1985 Transit Street Improvement Projects
Location
South Broadway at West Yale
Southbound.
Project
Bus Pad (60')
5' Pan
TOTAL
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RTD Fund
$ 4,192
$ 4,192
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ENGINIEEitiiM O€NitTMIENT
CIT'Y OF £111/.EWDtJD, COI.(}ftAIJD
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RECONSTRUCTION for R.T.D.
,.., 6f: OLf/ on.: St~~n_I,BS
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ORDINANCE NO. (Q ()
SERIES OF 1985
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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.
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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
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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 •
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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 •
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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 •
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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 •
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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
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ORDINAN:E 00. 0 I
SERIES CF 198-5-
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BY Al1l'HORITY
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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 .
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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
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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.
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, ' ' 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
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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.
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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,
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(!.) 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.
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~. 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.
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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
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ORDINAOCE 00. {J;cZ
SERIES OF 198_5_
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BY AUTHORITY
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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.
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(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
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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
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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.
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(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:
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(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.
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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.
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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
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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 .
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ORDINAOCE 00.
SERIES OF 198_5_
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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 •
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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.
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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
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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
$29,846.10
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$ 7,932.25
$10,420.38
$38,881.53
$29,846.10
. $79,148 .01
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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 $371.44
.. lu\.ln, !l..lV.tll'l\ P • 47 -4d, Blk . ,, Lo<J~nd~l•
Pill s . • au ron St . J7 0 L s. hucon St.
LOq l d WOo.J • " dv llO
I S
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~c ..aNII'Y .......,. __
Lot -$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 ·-
(_,
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IS
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-~.t .::~·t& .... ~,a .~ .. ~·. -' ~ (&. ' ·L.·'S.: ~Jt ·~"" .t ·' ). t ' ·:r. !. ~-.. .
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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.
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RESOLUTION NO .
SERIES OF 1985
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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:
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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
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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
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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.
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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
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BOND
SCHEDULE "A"
SCHEDULE "B"
COMPLETION
TIME
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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
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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
. ~
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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
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ITEM NO.
1.
2.
3.
4.
5.
6.
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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
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~~.:=:::.~~·c.-a (In --.._
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lilt ...... --· •••• , ....... -----· ''· .....
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· '.Y.' u ; PHA:;:;l~~;:UM ~ . !~·-·r· SI'ISKA t :NC:INt:tiiJNC, INC.
~·! . ·: ao..nwwn'IC""''""'.,.,."""'actt.•ll _:.~· • !.,~'-.-,~-~-. _..;~::1-u-,-,.-,-.,.-,..--,.-.,---,-~-,-,.-,
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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
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C 0 U N C I L
DATE
October 2, 1985
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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:
•
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Number of Persons
in Household
1
2
3
4
5
6
7
8 or more
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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 __________________________ __
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RESOL!Jl' ION 00.31
SERIES OF 1985
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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
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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
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C 0 U N C I L
DATE
August 28, 1985
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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
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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
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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 ____________________________________ __
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ORDINA!CE 00.
SERIES OF 198_5_
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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.
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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
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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
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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
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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)
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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
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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 • •
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Augu s t 21, 19 8 5
Senator Ma rt ha Ezzard
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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
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NORTH
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ROUTES FOR VEHICLES CARRYING HAZARDOUS CHEMICALS
CITY OF
ENGLEWOOD, COLORADO
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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'. ~\.
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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 • •
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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 _________________ _
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Prire Haterhouse
October 1, 1985
Mr. Gary Higbee
Director of Finance
City of Englewood
3400 South Elati Street
Englewood, Colorado 80110
Dear Mr. Higbee:
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9so Seventeenth Stree :
Denver , CO 80202
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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 -
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October I, 1985
Mr. Gary Higbee
Page 2
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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 .
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October 1, 1985
Mr. Gary Higbee
Page 3
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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
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October I, 1985
Mr. Gary Higbee
Page 4
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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:
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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
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ORDINANCE NO.
SERIES OF 1985
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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 • •
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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
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j
(_' C 0 U N C I L C 0 M M U N I C A T I 0 N
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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.
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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 __________________________ _
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ORDI N.r.JCE tl?.
SER I ES OF 198_5_
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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.
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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
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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
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SOUTH
SUBURBAN
PARK
FOUNDATION
Karch 27. 1985
Kr. Andy McCown
City Manager
City of Englewood
3400 South Elati Street
Englewood. CO 80110
Dear Andy:
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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
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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
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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
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: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 .
., ,.
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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)
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