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Home My WebLink About1985-10-21 (Regular) Meeting Agenda• ...... • .. • • 0 City Council Meeting -Regular -October 21 , 1985 • • • - 0 0 ~k~v -.tt-fi,fi1 o, Cfl) ~ f ·,IOJ10Lrfl ~}:4;~ ~ 01 I . . • • - • • • REGULAR MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado October 21, 1985 The City Council of the City of Englewood , Arapahoe Coun ty , Colorado, met in regular session on October 21, 1985, at 7:30 p.m. Mayor Otis , presiding , called the meeting to order . The invocation was given by Reverend Duane Brigman , First Bap ti st Church, 3170 South Broadway . The pledge of allegiance was led by Boy Scout Troop J92. Mayor Otis asked for roll call . Upon a call of the roll, the following were present : Council Members Van Dyke , Vobejda, Weist, Bilo, Bradshaw, Otis . Absent: Council Member Higday . The Mayor declared a quorum present. * * * * * * * Also present were : City Manager McCown City Attorney Olsen Assistant City Manager Vargas Police Chief Holmes Director of Utilities Fonda Deputy City Clerk Owen * * * * * * * COUNCIL MEMBER VOBEJDA MOVED TO APPROVE THE MINUTES OF THE REGU- LAR MEETING OF OCTOBER 7, 1985. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abstain: Absent: Council Members Van Dyke, Vobejda, Bilo, Bradshaw, Otis. None. Council Member Weist. Council Member Higday. • I • • • October 21, 1985 Page 2 • • • The Mayor declared the motion carried . * * * * * * * Director of Utilities Fonda and Mayor Otis presented an award to Gail Hill, an employee at the wastewater treatment plant. Mrs. Hill was being recognized by the Rocky Mountain Water Pollution Control Assoc i - ation for outstanding accomplishments in the wastewater industry. Speci- fically for participation in the gathering of analytical information connected with a stream study. * * * * * * * There were no other visitors at this time. * * * * * * * COUNCIL MEMBER VAN DYKE BOSELLI TO FILL THE VACANCY LEFT TOWN DEVELOPMENT AUTHORITY FOR A Member Bilo second ed the motion . sulted as follows: MOVED TO ACCEPT THE NOMINATION OF RICK BY RACHEL OWENS ON THE ENGLEWOOD DOWN- TERM TO EXPIRE JUNE 30 , 1987. Council Upon a call of the roll, the vote re- Ayes: Nays: Absent: Council Members Van Dyke, Vobejda, Weist, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried . * * * * * * * Consent Agenda items were: (a) (b) (c) (d) Minutes of the Urban Renewal Authority mee ting of September 4 and 17, 1985. Minutes of the Englewood Downtown Developmen t Au- thority meeting of September 11, 1985. Minutes of the Board of Ad justment and Appeals meeting of September 11, 1985. Minutes of the Parks and Recreation Commission meeting of September 12, 1985 • • I • • - • • October 21, 1985 Page 3 (e) (f) (g) (h) ( i) • • • Minutes of the Planning and Zoning Commission meeting of October 1, 1985 . Ordinance on final reading granting an easement en- croaching the south wall of the building located at 3998 South Broadway into the right-of-way for East Nassau Avenue. Ordinance on final reading amending the Englewood Municipal Code deleting certain streets as designated routes and restricting hours on u .s . 285 and u.s. 85 for vehicles transporting hazardous chemicals and materials in order to prevent the possibility of a dangerous situation in the event of an accident or malfunction. Ordinance on final reading amending the contract be- tween 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. Ordinance on final reading 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. COUNCIL MEMBER WEIST MOVED TO ACCEPT CONSENT AGENDA ITEMS 9(A) - 9(I). 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, Weist, Bilo, Bradshaw, Otis. None. Council Member Higday . The Mayor declared the motion carried. Consent Agenda item 9(f) was numbered Ordinance No. 63 , 9(g) was numbered Ordin~nce No. 64, 9(h) was numbered Ordinance No. 65, 9(i) was numbered Ordinance No. 66 , all Series of 1985. • • • • • • • BY AUTHORITY • I • • October 21, 1985 Pag e 4 ORDINANCE NO . SER IES OF 1985 A BILL FOR • • .. COUNCIL BILL NO . 76 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING AN AMENDMENT TO AGREEMENT NO. 83-03.09 BETWEEN THE CITY OF ENGLEWOOD AND URBAN DRAINAGE AND FLOOD CONTROL DISTRI CT REGARDING LITTLE DRY CREEK (ARAPCO) CONSTRUCTION OF AND ACQUISITION OF RIGHT-OF-WAY IMPROVEMENTS. MAYOR PRO TEM BRADSHAW MOVED TO PASS COUNCIL BILL NO. 76 , SERIES OF 1985, ON FIRST READING. Council Member Bilo second ed the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Van Dyke, Vobejda, Weist, Si lo , Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried • * * • • * * • City Manager McCown presented a recommenda tion from the Parks and Recreation Commission propos ing guidelines and fees to regulate the usage of the recreation center facility. COUNCIL MEMBER WEIST MOVED TO APPROVE THE RECREATION CENTER USE AGREEMENT ESTABLISHING A RENTAL SCHEDULE AND S ETTING GUIDELINES TO RE- GULATE FAC ILITY USAGE BY OUTSIDE GROU PS AT THE ENGLEWOOD RECREATION CEN- TER . Council Member Bilo seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes: Nays: Absent: Council Members Van Dyke, Vobejd a , Weist, Bilo, Bradshaw, Otis . None. Council Member Higday. The Mayor declared the motion carried. RESOLUTION NO . 38 SERIES OF 1985 * * • * * * * I • • • October 21, 1985 Page 5 • • .. A RESOLUTION ESTABLISHING FEES AND CHARGES FOR THE ENGLEWOOD MU!~ICIPAL GOLF COURSE TO COMMENCE JANUARY 1, 1986. COUNCIL MEMBER BILO MOVED TO PASS RESOLUTION NO. 38 , SERIES OF 1985. 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, Weist, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. * * * * * * * City Manager McCown presented a recommendation from the Parks and Recreation Commission to increase certain recreation progr am fees for 1986. COUNCIL MEMBER VOBEJDA MOVED TO ACCEPT THE RECOMMENDATION TO RAISE FEES FOR SPECIFIC RECREATION PROGRAMS FOR 1986 AS LISTED IN THE RECOMMENDATION DATED SEPTEMBER 2 3 , 1986. Council Member Van Dyke second- ed the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Van Dyke, Vobejda, We ist , Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried . * * * * * * * City Manager McCown presented a recommendation from the Communi- ty Development Department and the Planning and Zoning Commission identi- fying projects for the fiscal year 1986-87 highway work program. COUNCIL MEMBER WEIST MOVED TO REFER THE PROJECTS FOR THE FISCAL YEAR 1986/1987 HIGHWAY WORK PROGRAM TO THE ARAPAHOE COUNTY COMMISSIONERS AND TO REFER THE REQUESTS FOR FEDERAL AID URBAN SYSTEM TO THE DENVER REGIONAL COUNCIL OF GOVERNMENTS. Council M~mber Van Dyke seconded the motion . Upon a call of the roll, the vote resulted as follows: • I • • - • October 21, 1985 Page 6 Ayes: Nays: Absent: • • • Council Members Van Dyke, Vobejda, Weist, Bi lo , Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried • ORDINANCE NO. SERIES OF 1985 • * * * BY AUTHORITY A BILL FOR * * * COUNCIL BILL NO. 80 INTRODUCED BY COUNCIL MEMBER VOBEJDA AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE (TITLE XVI OF ENGLEWOOD MUNICIPAL CODE) BY ADDING A NEW SECTION 16.4-21, SATELLITE DISH ANTENNAS. COUNCIL MEMBER VOBEJDA MOVED TO PASS COUNCIL BILL NO. 80, SERIES OF 1985, ON FIRST READING AND TO AMEND UNDER "DEFINITIONS GROUND-MOUNTS" BY INSERTING AFTER THE WORD "CONCRETE" THE FOLLOWING "WHICH IS 8 INCHES MINIMUM IN DIAMETER"; AND TO SET A PUBLIC HEARING ON THIS BILL FOR MON- DAY, NOVEMBER 18, 1985 , AT 7:30 P.M. Mayor Pro Tern Bradshaw seconded the motion . City Attorney noted that even though his staff worked on the proposed regulations; this was no reflection that his office took policy on the matter one way or the other. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Van Dyke, Vobejda, Weist, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. • • • • • • • I • - - • October 21, 1985 Page 7 • • • Police Chief Holmes presented a recommendation to improve the timely regulation for towing, impoundment and disposition of motor vehi-cles in the City of Englewood . ORDINANCE NO. SERIES OF 1985 BY AUTHORITY A BILL FOR COUNCIL BILL NO . 81 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING TITLE XI OF THE MUNICIPAL CODE OF ENGLEWOOD, COLORADO, 1985 BY ADDING CHAPTER lA THERETO, REGULATING THE TOWING, IM- POUNDING, AND DISPOSITION OF MOTOR VEHICLES IN THE CITY OF ENGLEWOOD, COLORADO. MAYOR PRO TEM BRADSHAW MOVED TO PASS COUNCIL BILL NO. 81, SERIES OF 1985, AND TO CORRECT A TYPOGRAPHICAL ERROR ON PAGE 2 "VEHICLE" WAS MISSPELLED IN THE TITLE CAPTION UNDER "11 -lA-2." Council Member Weist seconded the motion. Upon a call of t h e roll, t he vote resulted as fol-lows: Ayes: Nays: Absent: Council Members Van Dyke, Vobejda , Weist, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. * * * * * * * MAYOR PRO TEM BRADSHAW MOVED TO SET MONDAY, NOVEMBER 18, 1985, AT 7:30 P.M. AS THE PUBLIC HEARING DATE ON THE ISSUANCE OF MULTI-FAMILY HOUSING REVENUE BONDS FOR THE MARKS PLANNED UNIT DEVELOPMENT. Counc i l Member We i st seconded the motion. Upon a call of the roll, the vote re-sul t ed as follows: Ayes: Nays: Absent: Council Members Van Dyke, Vobejda, Weist, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried • • I • • October 21, 1985 Page 8 * * * * • • • * * * City Manager McCown notified Council that in the process of planning for the housing development on the old King Soopers block, there may be a need to hold special meetings to pass industrial development revenue bonds. Council would be notified if this came about. RESOLUTION NO. 39 SERIES OF 1985 * * * * * * * A RESOLUTION APPROVING AND SUPPORTING THE COLORADO STATE LEGISLATURE AUTHORIZING THE LEVY OF AN ADDITIONAL 0.1 MILL BY URBAN DRAINAGE AND FLOOD CONTROL DISTRICT TO BE USED FOR CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS ON THE SOUTH PLATTE RIVER. MAYOR OTIS MOVED TO PASS RESOLUTION NO. 39, SERIES OF 1985. Council Member Silo seconded the motion Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Van Dyke, Vobejda, Weist, Silo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. * * * * * * * There being no further business, MAYOR PRO TEM BRADSHAW MOVED TO ADJOURN. The Mayor declared the meeting adjourned without a vote at 8:10 p.m. ~cX(Q~ e ut}ICity Clerk r I • • f • 1. • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL OCTOBER 21, 1985 7:30 P.M. Call to order.[t[t ) Invocation by Reverend Duane Brigman, First Baptist Church, 3170 South Broadway. Pledge of allegiance by Boy Scout Troop 192. 4. Roll call. (f , I 5. Minutes. (\ 6:.-{a) Minutes of the regular meeting of October 7, 1985. 6. Pre-Scheduled Visitors. (Please limit your presentation to 10 minutes.) (a ) Mr. Stewart Fonda, Director of Utilities, will be , present to present an award to Gail Hill, an employee at the Wastewater Treatment Plant. 7. Non -Schedu l ed Visitors. (Please limit your presentation to 5 minutes.) ~ 8. Co mmu n i cations and Proclamations. (a ) Letter from the Executive Director of the Englewood Downtown Authority concerning a vacancy on the Au thority. • I • • ( • • • Page 2 October 21, 1985 Agenda 9. Consent Agenda. (a) Minutes of the Urban Renewal Authority meeting of September 4 and 17, 1985. (b) Minutes of the Englewood Downtown Development Authority meeting of September 11, 1985. (c) (d) (e) Minutes of the Board of Adjustment and Appeals meeting of September 11, 1985. Minutes of the Parks and Recreation Commission meeting of September 12, 1985. Minutes of the Planning and Zoning Commission meeting of October 1, 1985. Ordinance on final reading granting an easement encroaching the south wall of the building located at 3998 south Broadway into the right-of-way for East Nassau Avenue. (g) Ordinance on final reading amending the Englewood Municipal Code deleting certain streets as designated ~ routes and restricting hours on u.s. 285 and u.s. 85 for Q~ ~ .l, vehicles transporting hazardous chemicals and materials ~~~ V)~in order to prevent the possibility of a dangerous r ~ ~ situation in the event of an accident or malfunction. {!)L (h) • Ordinance on final reading 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. Ordinance ~n final reading 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. / • / / I I 1 I I I • • ( .. { ~ \ • • .. - Page 3 October 21, 1985 Agenda 11. Ordinances, Resolutions and Motions. ' (b) ((_ Recommendation from the Engineering services to approve a bill for an ordinance amending the agreement between the City of Englewood and the Urban Drainage and Flood Control District regarding Little Dry Creek to allow for the receipt of $115,000 plus interest in added funds from the District. Recommendation from the Parks and Recreation Department to approve the Facility Use Agreement for the Englewood Recreation Center in order to establish usage fees and regulations. Recommendation from the Parks and Recreation Department to approve a Resolution increasing golf fees and charges in 1986 for the Englewood Golf Course. Recommendation from the Parks and Recreation Commission to approve certain recreation program fees increases in 1986. (e) Recommendation from the Community Development Department and the Planning and Zoning Commission that City Council approve the Fiscal Year 1986-87 Highway Work Program projects and to refer them to the Arapahoe County Commissioners. (f) Recommendation from the Community Development Department ,to approve a Bill for an Ordinance amending the .?Comprehensive Zoning Ordinance by including a section on d~' I Satellite Dish Antennas, and to set a date for a public ~ 1 hearing. (g) j ,~-tt ") I I <l • }l ,., t Recommendation from the Police Department to approve a Bill for an Ordinance which will more timely and economically regulate the towing, impoundment and disposition of motor vehicles in the City of Englewood. (h) .... rt-l 12. City 13 . City Recommendation to set the date of Monday, 1985 at 7:30 p.m. for a public hearing on of Multi-family Housing Revenue Bonds for Planned Unit Development. Manager's Reporf b 6 Attorney's Report. • Novemb,r 18, the issuance the Marks I • .. • • • • • Page 4 october 21, 1985 Agenda 14. General Discussion. (a) Mayor's Choice. Recommendation to approve a Resolution supporting the levy ot an additional 0.1 mill by Urban Drainage and Flood Control District tor the construction and maintenance ot improvements on the South Platte River. (b) Council Member's Choice. AM/sb • I • • • • AGENDA ITEM ---- a{!~ (!_ . ci , L {)LJ '--6-. / vd .._...) ROLL CALL Hoved Seconded Ayes Nay Absent Abstain tflgoay ......._ [/ 'L' {j 11 Lit{~!.., Vobejda J Welst Bllo Bradshaw Ot i s MOTION: • I . • • • • - AGENDA ITEM -----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday ,.- Neal ....-- Vobeida _J ...- Weist v- Bllo y Bradshaw v- Otis v- MCYI'ION: I • • • • • L.. -::--- AGENDA ITEM \.._.) { PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday Neal / v Vobe1da / Weist -,, Bllo / Bradshaw / Otis MOTION: I • • • • • • - AGENDA ITEM P><ESE>,,D BY ~ }L d J._ ~ (U_ t:i t:. > ~ J . {i c./ -t 'TUJ I"" ._._Jy ,< ~ u;ui ~ a Hoved Seconded HTQaiV Neal Vobeida We i st Bi lo Bradshaw Otis MOTION: -v .:t I ROLL CALL Ayes Nay Abs t en • Ab stain I . • • • • AGENDA ITEM _1__ PRESENTED BY -------- ROLL CALL Hoved Seconded Abstain HlgOay Neal Vobeida Weist Bllo Bradshaw Otis MOTION : . I • • • • • • - AGENDA ITEM ,8 ((....__-PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hladav v NeaT I Vobeida I WeTst I I -Rl io I Bradshaw I Otis 1/ M<JriON: 0 jo /~ ( IV {"-t:_t -{ ' (. ' 1.-"-..l I j2_( ___,-• • ]1 0.-J ,. :5o -7 • • • • .. • AGEN DA I T EM PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain .HTC!day ·-Neal I v Vobeida I v Weist I Bi lo I Bradshaw I Oti s MOTION : I • • • • • AGENDA ITEM 1/tL Moved Seconded v v- MOTION:-tl e etyl 1 '-<-L ROLL CALL HIQCiav Neal Vobeida Weist Bllo Bradshaw Otis (b e:uy( tf '1 ,., • • - PRESENTED BY Ayes Nay Absent Abstain I I I I I • • • • • - AGENDA ITEM ~ PRESENTED BY JJQ c C: nr 1< ROLL CALL Moved Seconded Ayes Nay Absent Abstain HlgCiay Neal Vobeida I v Weist I v Bllo I Bradshaw I Otis I MOTION: I . • • • • • AGENDA ITEM /)~ I I PRESENTED BY ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday -v Neal I Vobeida I Weist I v Bllo Bradshaw 1/ Otis I . • • • • - AGENDA ITEM II d PRESENTED BY lh ( < 011/)/'----. ROLL CALL Moved Seconded Ayes Nay Absent Abstain Mlgaav --K Neal I v-Vobeida 7 Weist I Bllo 7 Bradshaw I Otis I I • • • • • • • AGENDA ITEM //o ., PRESENTED BY hn (, &e ~ ROLL CALL Moved Seconded Ayes ~Y Absent AbsUin "'gaay --l,...... Neal I Vobeida I f./'" Weist I Bllo I Bradsh-I Otis I I MOTION: '-~< i"-' J F<l .~ jJ c2 o G- <-I / ) • • • • ROLL CALL Moved Seconded Hlgdav Neal 1 ./ Vo beida Weist Bllo r Bradshaw Ot i s MOTION : L_,j /;) if <? 0 . 0-~ -t:;lL __} t '0 I. r-(}'L n~ • • • " PRESENTED BY hi c (:ur;.--, Ayes Nay Absent Abstain ;. c; -"\·~ z,( __.('"}' uCJ -4 !I-If-5- C I~ ), I~ -----t!V) 1~ · • • I • • • • - AGENDA ITEM -----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday -Neal I Vobei d a I Weist I Bl lo I Bradshaw I Ot i s I I MOTION: I • • • • • • • AG""'A U EM + PRESENTED BY ROLL CALL Moved Seconded Ayes Nay Absent Abstain HIQClay -Neal Vob eida I v Weist I Bllo v Bradshaw I Otis 1/ MOTION: I . • • • - n • AGENDA ITEM ~ Moved Seconded Hlgday Neal Vobeida v-Weist Bllo _k'_ Bradshaw Otis MOTION: pLL )ll--z) Q L 7. 3w~l • • ,. • PRESENTED BY ---m (_ & fl___ ROLL CALL Abstain -I _j_ I _L_ 1 I ' -~~~ I I -! 'i-~ ~ I • • • • • AGEN DA ITEM I]__, P RESENTED BY )2< C-{~'JA, )<-..../ ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hladav Neal Vobeida Weist v Bllo Bradshaw v Otis MOTION : l -;(! .)c $1-._31 I • I'}A /.-1 L( ~~ Lf}y~t ?,'!{/ J In • • • • - I . • ·===----• - • REGULAR MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado October 7, 1985 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on October 7, 1985, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Higday. The pledge of allegiance was led by Mayor Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Van Dyke, Vobejda, Bilo, Bradshaw, Otis. Absent: Council Member Weist. The Mayor declared a quorum present. * * * * * * * Also present were: City Manager McCown City Attorney Olsen * * * Assistant City Manager Vargas Fire Chief Broman Assistant Director of Community Develop- ment (Planning) D. Romans Deputy City Clerk Owen * * * * MAYOR PRO TEM BRADSHAW MOVED TO APPROVE THE MINUTES OF THE S P ECI AL MEETING OF SEPTEMBER 9, 1985 (7:30 P.M.). Council Member Bilo seco nd e d the motion. Upon a call of the roll, the vote resulted as fol- lows: Ay e s: Nays: Absent: Council Members Higday, van Dyke, Vobejda, Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried. * * * * * • * • I • - ( ( • October 7, 1985 Page 2 • • • COUNCIL MEMBER VOBEJDA MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 9, 1985 (9:26 P.M.). Council Member Silo seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Absent: Council Members Higday, Van Dyke, Vobejda, Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried. * * * * * * * MAYOR PRO TEM BRADSHAW MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 10, 1985. Council Member Silo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Van Dyke, Vobejda, Silo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried. * * * * * * * MAYOR PRO TEM BRADSHAW MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 10 , 1985. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Van Dyke, Vobejda, Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried. * * * * * * * MAYOR PRO TEM BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGU- LAR MEETING OF SEPTEMBER 16, 1985. Council Member Silo seconded the motion . Upon a call of the roll, the vote resulted as follows: • I • - ( • (( • October 7, 1985 Pa ge 3 Ayes: Nays: Absent: • • • Council Members Higday, Van Dyke, Vobejda, Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried. * * * * * * * COUNCIL MEMBER VAN DYKE MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 23, 1985. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Van Dyke, Vobejda, Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried. * * * * * * * MAYOR PRO TEM BRADSHAW MOVED TO APPROVE A PROCLAMATION DECLARING OCTOBER 20-26, 1985, AS "NATIONAL BUSINESS AND PROFESSIONAL WOMEN'S WEEK." Council Member Van Dyke seconded the motion. Upon a call of the ro l l, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Van Dyke, Vobejda, Bilo, Bradshaw, Otis. None. Council Member We i st. Th e Mayor declared the motion carried. May or Otis presented the proclamation to Miss Rhonda Davis, P re s i dent, a nd Mrs. Jeanette Clapton, Chairman of Englewood Business and P rofe ss i onal Women's Club, who in turn expressed appreciation for the reco gn it ion • * * * * * * * • I • • ( • October 7, 1985 Page 4 • • • Fire Chief Broman presented "Medal of Valor" awards to Paramedic Donald Schoenbein, DOE Brian Bruns and Lt. Michael Pattarozzi of the Englewood Fire Department for recognition of courageous actions in the rescue of victims involved in an automobile/train accident in the City of Sheridan on September 6, 1985. * * * "' * * * Tom Ragganetti, 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 PLANNING 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, Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried. MAYOR PRO TEM BRADSHAW MOVED TO RECEIVE THE RECOMMENDATION AND TO S ET A PUBLIC HEARING FOR MONDAY, OCTOBER 28, 1985, AT 7:30 P.M. Coun- cil Memb e r Hi gday seconded the motion. Upon a call of the roll, the vote res ul t ed a s follows: Aye s: Nays : Abse n t : Council Members Higday, Van Dyke, Vobejda, Bilo, Br a dsh a w, Ot i s. Non e . Council Member We i s t . Th e Ma yor declared the motion carried. * * * * * * * Mr . Jeff Va n Scoyk representing owners of property on West Evans came f o r ward. Mr. Van Scoyk asked Council to exclude these r e s i - dents from the o r di n a n c e on auto sales because none of them knew abou t the legislati on. • I • • October 7 , 1985 Pag e 5 • • - Council advised Mr. Van Scoyk to use the option of petitioning b ef or e t he Board of Adjustment and Appeals in this particular case and aski n g for a variance on this legislation. * * * * * * * Under non-scheduled visitors, Greg Thompson, owner of Classic Ca rs at 4528 South Broadway, came forward. Mr. Thompson spoke on the devaluati on of property along South Broadway if landscaping requirements for B-2 wer e 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 i n t he 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 ZO NI NG ORDINANCE RELATIVE TO AUTO AND RECREATION VEHICLE SALES AND LEASE LOTS , GAS AND OIL SERVICE STATIONS." Mayor Pro Tern Bradshaw seconded the moti on. Upon a call of the roll, the vote resulted as follows: Ayes: Na ys: Absent: Council Members Higday, Van Dyke, Vobejda, Bilo, Bradshaw, Otis. None. Council Member Weist. Th e May o r dec l ared the motion carried. ORDIN ANCE NO . 56 SE RIES OF 1985 BY AUTHORITY COUNCIL BILL NO. 50.1 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINAtiCE AMENDING THE COMPREH ENS I VE ZONING ORDINANCE OF TH E CIT Y OF ENGLEWOOD , COLO RA DO , BY REPEAL I NG S ECTIONS 16.4-12 c (4 ) AUTOMOB ILE SA LES OR LEASE NOT INC LUDIN G COMMERCIAL VEHICLE WRECKING, DISMANTLING OR J UNK YARDS; 16 .4-1 2 c (8) GASOLINE AND OIL SERVICE STATIONS; 16.4-12 c (10) MOTOR VE HIC LE SALES OR LEASE; 16.4-12 c (14) RECREATIONAL VEHICLE SALES OR LEASE TO I NCLUDE BOATS, TRAILERS, MOTORCYCLES AND OTHER RECREATIONAL VEHICLES ; AND ADD I NG NEW SECTIONS 16.4-12 e (2) SALES LOTS FOR NEW AND USED AUTOMO BILES , MOTOR VEHICLES, RECREATIONAL VEHICLES, BOATS, TRAILERS, OR MOTORCYCLES ; AND 16 .4-12 e (3 ) AUTOMOBILE SERVICE STATIONS AND ADDING SECTION 16.4 -12 g (2) DEVELOPMENT REQUIREMENTS, SETBACKS • • I • • ( • Octob er 7 , 1985 Page 7 Absent: • • .. Council Member Weist. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1985 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 67 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE APPROVING AN EASEMENT FOR THE ENCROACHMENT OF A PORTION OF A MASO~IRY 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 B ill 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 a mendment resulted as follows: Ayes: Nays : Council Members Higday, Van Dyke, Vobejda, Bi lo , Bradshaw, Otis . None. • I • - ( • c • • • • October 7, 1985 Page 8 Absent: Council Member Weist. The Mayor declared the amendment carried. Upon a call of the roll, the vote on the original motion result-ed as follows: Ayes: Nays: Absent: Council Members Higday, Van Dyke, Vobejda, Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried. • • • • • • • MAYOR PRO TEM BRADSHAW MOVED TO PASS A PROCLAMATION DECLARING NOVEMBER 4-11, 1985, AS "WELCOME HOME VIETNAM VETERANS WEEK." Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: p.m . Ayes: Nays: Absent: Council Members Higday, Van Dyke, Vobejda, Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried • • • • • • • • Council Member Higday excused himself from the meeting at 8:25 • • • • • • • MAY OR PRO TEM BRADSHAW MOVED TO ACCEPT WITH REGRET THE LETTER FRO M RA CHEL OWENS RESIGNING FROM THE ENGLEWOOD DOWNTOWN DEVELOPMENT AU- THO RIT Y. Council Member Vobejda seconded the motion. Upon a call of the roll , the v ot e resulted as follows: Aye s: Nays : Council Members Van Dyke, Vobejda, Bilo, Bradshaw, Otis. None • • I • • ( ( • • • • October 7, 1985 Page 9 Absent: Council Members Higday, Weist. The Mayor declared the motion carried. Owens. Council instructed staff to send a letter of appreciation to Ms. * * * "' "' * * COUNCIL MEMBER VAN DYKE MOVED TO ACCEPT THE LETTER FROM EDWIN MCBRAYER RESIGNING FROM THE PLANNING AND ZONING COMMISSION. Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: McBrayer. Ayes: Nays: Absent: Council Members Van Dyke, Vobejda, Bilo, Bradshaw, Otis. None. Council Members Higday, Weist. The Mayor declared the motion carried. Council instructed staff to send a letter of appreciation to Mr. * "' * "' "' * "' MAYOR PRO TEM BRADSHAW MOVED TO ACCEPT A COMMUNICATION FROM THE LIBRARY ADVISORY BOARD TRANSMITTING A COMMITTEE REPORT REGARDING THE DUTIES AND RESPONSIBILITIES OF LIBRARY ADVISORY BOARD MEMBERS. Council Member Van Dyke seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Van Dyke, Vobejda, Bilo, Bradshaw, Otis. None. Council Members Higday, Weist. The Mayor declared the motion carried. "' "' * * * "' * Consent Agenda items were: • I • • • Octobe r 7, 1 98 5 Pa g e 10 (a ) (b) (c) (d) (e) (f) (g) (h) ( i) ( j) (k) ( 1) (m) • • .. Minutes of the Parks and Recreation Commiss i on 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 Engl e wood Liquor License Autho r i t y meet i ng of Augus t 21, 1985. Mi nutes of the Englewood Housing Authority meeting of August 28, 1985. Mi nutes of the Planning and Zoning Commission meet i ng September 4 and 1 7 , 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 f30 to annex approxi- mate l y 4.810 acres. Ord i n a nce o n f i n al reading approving a utility reloc a - ti on agreeme n t b e twe en the C i ty and t he Colorado Wa t e r Cons e r v a tio n Bo ard for th e Union Avenue li ne i n th e amount of $103 ,97 0 and a c on ti ng enc y o f 1 0 \ t o 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 b y b uses throughout the City , repaired at a cost of $4 ,192 to RTD . Ordinance on final reading app r o ving an agreement which will establish the re spons i b ilities f o r the City of Engle wood and the Housing Author ity. Ordinance o n final readi n g a pp r o vi ng a n agreement bet ween the City of Engle wood a nd t h e En gle wo od Ho us- ing Authority to all ow for the t r a nsfer o f a $5 0,00 0 I • - • • • October 7, 1985 Page 11 • • • Housing Development Grant for housing rehabilitation from the Colorado Division of Housing. MAYOR PRO TEM BRADSHAW MOVED TO APPROVE CONSENT AGENDA ITEMS 9(A)-9(M) WITH THE EXCEPTION OF 9(H) FOR WHICH ACTION WAS PREVIOUSLY TAKEN. Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Van Dyke, Vobejda, Bile, 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 Ordinance No. 61, all Series of 1985. * * * * * * * MAYOR PRO TEM BRADSHAW MOVED TO OPEN THE PUBLIC HEARING CONCERN- ING AN ORDINANCE ON FINAL READING AMENDING THE COMPREHENSIVE ZONING ORDI- NANCE RELATING TO PROCEDURES FOR INITIAL ZONING OF PROPERTY, REZONING AND CHANGES AND AMENDMENTS TO THE ORDINANCE; FENCES AND RETAINING WALLS; LANDSCAPE ORDINANCE; AND SIGN CODE. Council Member Van Dyke seconded the mo ti on. Upon a call of the roll, the vote resulted as follows: Aye s : Council Members Van Dyke, Vobejda, Bile, Bradshaw, Otis. Nays : Hone. Absent : Coun c il Members Hi gday, Weist. The Mayor decl a red the motion c a rried. There were neither proponents nor opponents in the audience who wished to spea k. MAYOR PRO TEM BRADSHAW MOVED TO CLOSE THE PUBLIC HEARING. Coun- cil Member Vobe j da seconded the motion. Upon a call of the roll, the vote re s ulted as follows: Aye s: Council Members Van Dyke, Vobejda, Silo, Bradshaw, Otis. • I • • • • October 7, 1985 Page 12 Nays: Absent: • • • None. Council Members Higday, Weist. The Mayor declared the motion carried. ORDINANCE NO. 62 SERIES OF 1985 BY AUTHORITY COUNCIL BILL NO. 63 INTRODUCED BY COUNCIL MEMBER VOBEJDA AN ORDINA!lCE 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, Silo, Bradshaw, Otis. None. Council Members Higday, Weist. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1985 * * * * BY AUTHORITY A BILL FOR * * * COUNCIL BILL NO. 72 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING THE COST OF CONSTRUCTION AND REPAIR OF SIDEWALKS, CURBS , AND GUTTERS IN THE CITY OF ENGLEWOOD AND CONFIRMING THE APPORTION- MENT AND ASSESSMENT OF SAID COSTS TO EACH LOT OR TRACT OF PROPERTY FRONT- ING UPON THE SAME AND PRESCRIBING THE MANNER OF COLLECTION AND PAYMENT OF SAID ASSESSMENT . I • • • • • October 7, 1985 • Page 13 MAYOR PRO TEM BRADSHAW MOVED TO PASS COUNCIL BILL NO. 72, SERIES OF 1985, ON FIRST READING. Council Member Silo seconded the motion. Upon a call of the roll, the vot~ 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 • RESOLUTION NO. 36 SERIES OF 1985 • • • • • • • A RESOLUTION AGREEING TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS TO FINANCE A PROJECT FOR THE 38 MAtiAGEMENT 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. • • • • • • • MAY OR PROTEM BRADSHAW MOVED TO BRING FORWARD AGENDA ITEM ll(G), A REC OMM END ATI ON FROM THE F I RE DEPARTMENT TO APPROVE AN AWARD OF BID FOR PHASE I OF THE REPAVING PROJECT AT THE SOUTH METRO FIRE TRAINING ACADEMY. Council Me mb er B il o seconded the motion. Upon a call of the roll, the vote resulted a s fo l lows: Ayes : Council Members Van Dyke, Vobejda, Bilo, Bradshaw, Oti s. Na ys: None. Ab sent : Counc i l Members Higday, Weist. • I • • • • .. October 7, 1985 ~ Page 14 • The Mayor declared the motion carried. Fire Chief Broman presented the recommendation to award the bid to the low bidder, R.K.E. Enterprises. COUNCIL MEMBER VOBEJDA MOVED TO AWARD THE CONTRACT FOR PHASE I OF A REPAVING PROJECT AT THE SOUTH METRO FIRE TRAINING ACADEMY TO R.K.E. ENTERPRISES FOR AN AMOUNT NOT TO EXCEED $36,903. Mayor Pro Tern Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Nays: Absent: Council Members Van Dyke, Vobejda, Bilo, Bradshaw, Otis. None. Council Members Higday, Weist. The Mayor declared the motion carried. RESOLUTION NO. 37 SERIES OF 1985 * * * * * * * A RESOLUTION AMENDING STANDARDS FOR THE ELIGIBILITY OF PERSONS WHO APPLY FOR DEFERRAL OF PAYMENT OF SPECIAL ASSESSMENTS AGAINST THEIR PROPERTY OCCUPIED AS THEIR RESIDENCE PURSUANT TO ENGLEWOOD MUNICIPAL CODE AND PROVIDING A MECHANISM OF REVISION OF SUCH STANDARDS. MAYOR PROTEM BRADSHAW MOVED TO PASS RESOLUTION NO. 37, SERIES OF 1985 . Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Van Dyke, Vobejda, Bilo, Bradshaw, Otis. None. Council Members Higday, Weist. The Mayor declared the motion carried. * * * * * * * City Attorney Olsen noted corrections in the following council b i ll (Council Bill No. 69, Series of 1985). In Section 1, under 8-2E-5: B. in the section sentence, change "sections" to "section"; change • I • • • October 7, 1985 Page 15 • • .. "77.302 (L)" to "77.302 (1)"; and strike "and 77.802 (L) ." In Section 1, under 8-2E-5: B. 2. strike "OF" and insert "COMMENCING AT;" and insert "ENDING AT" between "AND" and "6:00 A.M." ORDINANCE NO. SERIES OF 1985 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 69 INTRODUCED BY COUNCIL MEMBER VOBEJDA AN ORDINANCE AMENDING TITLE 8, CHAPTER 2E, SECTION 5 OF THE 1985 ENGLE- WOOD MUNICIPAL CODE, AS AMENDED, TO PROHIBIT THE USE OF DARTMOUTH, OX- FORD, QUINCY AND BELLEVIEW AS ROUTES FOR VEHICLES TRANSPORTING EXPLOSIVES AND BLASTING AGENTS, HAZARDOUS CHEMICALS, OR OTHER DANGEROUS ARTICLES, AND RESTRICTING HOURS ON U.S. HIGHWAY 285. COUNCIL MEMBER VOBEJDA MOVED TO PASS COUNCIL BILL tiO. 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, Bilo, Bradshaw, Otis. None. Council Members Higday, Weist. The Mayor declared the motion carried. * * * * * * * City Manager McCown presented a recommendation from the Finance Department 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, Bilo, Bradshaw, Otis. None. Council Members Higday, Weist. • I • • • • • • October 7, 1985 • Page 16 • • The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1985 * * * * BY AUTHORITY A BILL FOR * * * COUNCIL BILL NO. 74 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESS- ED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO, FOR THE YEAR 1986 AND ESTABLISHING A MILL LEVY FOR THE ENGLE- WOOD, COLORADO, DOWNTOWN DEVELOPMENT AUTHORITY. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 74, SERIES OF 1985, ON FIRST READING. Council Member Van Dyke seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Van Dyke, Vobejda, Bilo, Bradshaw, Otis. None. Council Members Higday, Weist. The Mayor declared the motion carried. ORDIN ANCE 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 OUTDO OR RECREATION TO CONTINUE THE GREENWAY TRAIL SYSTEM. COUNCIL MEMBER VAN DYKE MOVED TO PASS COUNCIL BILL NO. 73, SERIES OF 1985, ON FIRST READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • • October 7, 1985 Page 17 Ayes: Nays: Absent: • • • Council Members Van Dyke, Vobejda, Bilo, Bradshaw, Otis. None. Council Members Higday, Weist. The Mayor declared the motion carried. * * * * * * * Mayor Otis stated he would be forwarding his recommendations for Planning and Zoning Commission appointments to the Council in the near future. * * * * * * * Mayor Otis appointed Betty Keena, 4801 South Kalamath, to fill the citizen vacancy on the Urban Renewal Authority created by Council Memb e r Van Dyke moving from citizen-appointee to Council-appointee. * * * * * * * There being no further business, COUNCIL MEMBER BILO MOVED TO ADJ OURN. Mayor Otis adjourned without a vote at 9:05 p.m. Q ~£C~ c:Jputy City Clerk • I • • - • • • • ENGLEWOOD DOWNTOWN DEVEL~MENT AUTHOIITY 3535 S ~r mon S1rm EnglrzwOOd Colorado 80 110 Pl\ooq3QJ'781·7e85 October 9, 1985 Mayor Eugene Otis City of Englewood 3400 South Elati Englewood, CO 80110 Dear Mayor Otis: • • • The Board of Directors of the Englewood Downtown Development Authority recommends that Mr. Rick Boselli be appointed to fill the vacancy on the Board left by Rachel Owens. The term expires on June 30, 1987. We feel that a representative from Cinderella City would be a very progressive step for our membership. I have contacted Mr. Boselli and he indicated he would be interested in this position. Should you have any questions, please do not hesitate to call me. Sincerely, (;J ~I p~ Executive Director ncr 0 CITY iM.f !.'.-:::il·~ l.o.-r"iC: Er··: .. ·.000 I • • • I. CALL TO ORDER • • ,. .. URB~N RENEW~L ~UTHORITY September 4 1 1985 9 A The regular meeting of the Englewood Urban Renewal ~uthority was called to order at 5:30 p.m. by Vice-Chairperson Ruth Cole. Members present : Totton, Cole, Minnick, Mcintyre, Vobejda Powers, Execut1ve Director Members absent: Voth, VanDyke ~lso present: Penney Dietr ich, EDD~ II. ~PPRQV~L OF MINUTES. ~ugust 6 1 1985 Hrs . Cole stated that the Minutes of ~ugust 6, 1985 were to be considered for approval. Minnick moved: Mcintyre seconded : The Minutes of August 6, 1985 be approved as wr1tten. AYES: Minnick, Totton, Cole, Vobejda, Mcintyre N~YS: None ~BSENT: VanDyke , Voth ~BST~IN: Non e The motion carried. Ms. Powers stated that Hr. Vobejda has been appointed to the Urban Renewal Authority to fill Hr. Neal's vacancy, and that Hr . Mcintyre has been appointed a full-voting member to fill Hr . Nov ic ky 's vacan c y. Both gentlemen were welcomed to the Au thority. III. LAND AOUISIT ION Park Floral/Tokyo Bowl Ms . Powers stated that an appraisal on the Park Floral, Tokyo Bowl, and T. W. Anderson properties has been completed . Ms. Powers stated that To kyo Bowl is going into receivership, and that the property owner 1s will1ng to sell. Hs. Powers caut1oned that the propert ie s cannot be purchased until the bonds are sold, but the staff has prepared a re solut1on establish1ng the appraisal as the fair market value and authorizing negotiat i ons with the property o wn er for purchase. Ms . Powers stated that Hr. Anderson is in the process of obta1n1ng h1s o wn appra1sal for h1s property . • I • • • • .. -2- Staff will mee t with property owners of the Park Floral site later thi s week; they are looking for other sites. Mr. Hinson stated that a survey is being done on the Park Floral site, which should be completed within another week . To facilitate development on this site, a subdivision plat or subdivision waiver will have to be prepared and submitted to the City. Buyers Club will reimburse the Authority for costs incurred in surveying the property. Ms. Powers stated that she has talked to Mr. Bagus regarding the proposed development contr act wh1ch was submitted to them two weeks ago. Their attorney from Chicago has sent his comments back to URA Legal Counsel Benedetti , and we should receive a copy of these comments tomorrow. Mr . Benedetti has been working directly with the attorney from Buyers Club on the Redevelopment Agreement. Ms . Powers discussed several provisions that were included in the proposed redevelopment agreement, such as an operating clause, a no-buy-out clause, etc. Discussion ensued. Ms . Dietrich asked how long it was estimated to be before Buyers Club would be open? Ms . Powers stated that it is estimated they will open in late summer or early fall of 1986. Discussion ensue d on the financial aspects of acquisition and redevelopment of the Park Floral site. Costs of public improvements, su c h as storm drainage, were also discussed. It was pointed out that tax increment income from the eventual redevelopment of this site will come to the Urban Renewal ~uthority. Totton moved: Mcintyre seconded: The Urban Renewal Authority adopt Resolution #17, Series of 1985, A RESOLUTION OF THE URBAN RENEWAL AUTHORITY ASSERTING THAT THE APPRAISED VALUE AS DETERMINED BY JUSTIN H. H~YNES & COMPANY, INC. FOR THE PROPERTY/LEASE - HOLD INTEREST AT 990 WEST HAMPDEN AVENUE , ENGLE WOOD , COLORADO 80110 IS THE FAIR MARKET VALUE OF SAID PROPERTY/ LEASEHOLD INTEREST, AND DIRECTING THE AUTHORITY'S NEGOTIATOR TO USE SAID FAIR MARKET VALUE AS THE BASIS OF NEGOTIATIONS TO ACQUIRE SAID PROPERTY / LEASEHOLD INTEREST BY THE URBAN RENEW~L AUTHORITY. AYES: Totton, Cole, Minnick, Vobejda, Mcintyre NAYS: None ABSENT : VanDy ke, Voth ABSTAIN : None The mot1on carr1ed. • I • • - • IV. L~ND ~COUISITION King Soopers Block -3- • • • Minnick moved: Mcintyre seconded• The Urban Renewal ~uthority go into Executive Session. ~YES: Totton, Cole, Minnick, Mcintyre, Vobejda N~YS: alone ~BSENT: VanDyke, Voth ~BST~IN: alone The motion carried. Minnick moved: ********** Totton seconded: The Urban Renewal ~uthority come out of Executive Session. ~YES: Totton, Cole, Minnick, Mcintyre, Vobejda ai~YS: None ~BSENT: VanDyke, Voth ~BST~IN: None The motion carried. Mcintyre moved: Minnick seconded: ~YES• Cole, Minn ick, N~YS: alone ~BSENT : VanDyke, Voth ~BST~Ial : None The •otion carried. The Urban Renewal ~uthority accept the proposal of S. Bud Brady and Brady Cor- poration to purchase the old King Soopers block bounded by South Elati Street, West Girard ~venue, South Cherokee Street, and West Floyd ~venue, as the proposal was amended at this aeeting; further, that the staff be directed to prepare a contract for purchase encompassing these points. Totton, Vobejda, Mcintyre V. CONSTRUCTION BIPQRT. Ms. Powers stated that the construction report on Englewood Parkway was included in the packet. It appears that all is going well , and that the roadway will be completed in time for the alovember Holiday Parade . • I • • • • .. Ms. Powers added that City Council awarded the contract for 3treet light and tree 1nstallation on Broadway from Hampden to Floyd at their meeting on September 3. VI. FINANClbL REPORT. Ms . Powers stated that the monthly Financial Report was included in the report. Mr. Totton raised some questions on some of the square footage costs of particular properties. Mr .VobeJda cited other questions on the financial report. Ms . Powers stated that she would check into these questions . Mr. Hinson stated that he h ad received word from Legal Counsel Opperman that Mr .Calkins, a former property owner on South Bannock Street, has indicated a will1ngness to settle. Discussion ensued. Minnick moved: Mcintyre seconded: The Urban Renewal Authority approved payment to settle on the purchase pr1ce of property acquired from Mr. George Calkins AYES: Cole, M1nnick, Totton, Mcintyre, Vobejda NAYS: None ABSENT: Voth, VanDyke ABSTAIN: None The motion carried. VII. BUYERS CLUB CONTRACT. Ms. Powers stated that this is not ava ilable at this t1me, and is still being worked on by the URA Legal Counsel and legal counsel for Buyers Club. VIII. DEMOLITION CONTRACT #3. Mr. Hinson stated that bids were requested on the demolition of five properties: 3560 South Broadway, the foundation for 3550-54 South Broadweay, 295 West Hampden Avenue, 3442 South Ac oma Steet, and 3434 South Acoma Street. Mr . Hinson pointed out that the URA w1ll be clos1ng on Mr. Dinkel's property on September 5, and hope to close on the purchase of Mr. Graham's property as soon as Tra1lways secures their new location. These two properties on South Acoma Street were bid as "alternates", and the cost of the demolition of these two structures can be pulled out of the total bid package. Demolition is scheduled to begin on 295 West Hampden Avenue on Monday, September 9, 1985, with the .total demolition to be completede by October 9, 1985, which deadline can be extended if the two properties on South Acoma Street are to be demolished under this bid. • I • • • • • • -5- Hr. Hinson discussed the demolition work that is needed at 3550-54 South Broadway, which is the excavation of a basement, and the sloping of the bank to Dry Creek. Hr. Minnick suggested that the URA should determine what will be needed by the State Highway Departrment as a barrier to prevent vehicles from driving over the curb and into the Creek. Hr. Hinson stated that the amount of the bid is $45 1 264 1 which was submitted by Fletcher Enterprises; this company did demolition work for the ~uthority on South Bannock Street, and the ~uthority was pleased with their performance. He stated that a proposed contract has been prepared which the ~uthority may view; it is similar to previous contracts that have been used with Fletcher Enterprises and with Gomez on the two previous demolition projects. Totton moved : Vobejda seconded : The Urban Renewal ~uthority authorize the staff to sign the contract for demolition of 3560 South Broadway, 3550-54 South Broadway, 295 West Hampden ~venue, 3434 South ~coma and 3442 South ~coma Street with Fletcher Enterprises, the cost of the contract not to exceed $45 1 264 . ~YES: Cole, Minnick, Totton, Mcintyre, Vobejda N~YS: None ABSENT: Van Dyke, Voth ABST~IN: None The motion carried. In conjunction with the Demolition Contract #3 1 basements at 3560 South Broadway and 3434 South ~coma Street are to be backfilled following the demolition of the buildings. Hs.Ragland has submitted a memorandum recommending approval of a proposal from CTL Thompson for soils testing services on Demolition Project #3 in the amount of $2 1 000.00. Minnick moved : Totton Seconded: The Urban Renewal ~uthori ty approve con - tracting with CTL Thompson to perform soils testing services for Demolition Project #3 in the amount of $2 1 000.00. AYES: Cole, Mcintyre , Minnick, Totton,Vobjeda N~YS: None ABSENT: VanDyke , Voth ~BST~IN: None The motion carried . • I • • • • • • -6- IX. CINDERELLA CITY/CITY PARKING LOT AGREEMENT. Hs. Powers discussed the parking area bounded by South Elati Street, West Gi rard Avenue, South Cherokee Street, and West Floyd Avenue. At the time Cinderella City was constructed, the parking areas were deeded back to the City for maintenance, but were to be used to provide parking for the shopping center. In June of 1985 1 the Ci ty Council transferred the City's interest in the above bo u nded park i ng area to the Urban Renewal Authority to fac i l it at e r e loc a ti o n of Ki ng Soopers and the eventual r edevelopmen t o f thi s blo c k. A c l o sing on the purchase of the Ki ng Soopers Blo c k i s scheduled for Friday, September 6 1 and in order to close on t h at date , the Authority needs to terminate the agreement with KRAV CO. A resol u ti on dissolving the agreement has been prepa r ed for th e considerat io n of the Authority. Discussion en sued . Mcintyre moved: Mi nn i ck se c onde d : T h e Ur ban Renewal Authority adopt Resolut i on •16 1 Series of 1985, A RESOLUTION OF THE URBAN RENEWAL AU - THORITY TO DISSOLVE AN AGREEMENT RE - LATING TO A PaRKING LOT BETWEEN SOUTH ELAT I STREET , SOUTH CHEROKEE STREET, WEST F LOYD AVENUE AND WEST GIRaRD AVEN UE, AND TO RELIEVE ALL PaRTIES T HERETO OF ALL RIGHTS AND OBLIGATIONS DE S I GNATED BY THE AGREEMENT. AXE S: Mc in tyre , Minnic k , Totton, Vobe j da , Cole NAYS : None AB S EN T: Va nDyke, Voth ABS TA I N: None The motion carried. X. STATE STATUTE -CONDEMNATION. Copies of the changes in the Stat e Statutes pertaining to condemnation of property were 1ncluded in the packet for the information of the Authority. XI. PUBL IC FORU M. Ms. Dietrich stated that improvements on South Broa dwa y (stre e t lights and street trees) were to begin this wee k , with comp let1o n by the end of October. Mr . Totton asked about the remodeling of the Kauf man's Store a t South Broadway and West Girard Avenue. Ms. Dietrich stated that Hr . Kaufman has plans to bring the facade of his b u ilding into confor mance with the facade of the Trolley Square dev elopment in the 3300 block of South Broadway, and that she understood that contracts were signed for this work. Ms. Powers stated that she would ch eck on th1s for the Authority . • ) I • • • • • .. -7- Ms. Powers stated that the Gothic Theatre has been purchased and will be renovated to reflect the "original" construction. The meeting adjourned at 7:45 P.M. • I . I . c aLL TO ORDER. • • .. URB~N RENEW~L ~UTHORITY SEPTEMBER 17 1 1985 The special meeting of the Englewood Urban Renewal Au t hority was called to order by Chairman Robert Voth at 5:45 P . H. Membe r s present: Members absent: Also present: Minn i ck , Totton , VanDyke , Vo th , Cole, Mcintyre Powers , Executive Director None ~ssistant Di rector Hinson Legal Counsel Paul Benede tti Steve Bell , E . F. Hutton & Co . II. BOND REFUNDING. Mr . Steve Bell addressed the ~uthority, a nd stat e d t h a t wh il e he has changed his place of employment, and i s n ow wit h E. F. Hutton & Co ., he will continue to work with the Urba n Re newal ~utho r ity o n the bond i ssues as the i r f i nancial counsel and underwr i ter. Mr. Bell stated tha t the topic of discussi on is th e ref inanc i ng of the bond issues , Series ~ and Series B , on a l ong-t e rm bas i s r athe r than the short -term notes as they are p r ese nt ly. There i s a p p r ox i ma t ely $17,000 1 000 outstanding debt o n the shor t -t e r m b as i s , and t hese bonds mature in 1988. The b o nd mark e t i s very fa v or ab l e for a refund i ng/re i ssuance at the pres ent time . Hr. Be ll po i nted out t here i s a tax reform propo s a l un d e r considerati on a t the Feder a l leve l, wh i ch i f en acted in t h e present form, will effectively p r even t urban renewal authorities from doing tax increment financing, or from extending the life of short-term bonds into long-term fi xed-rate financing. Mr. Bell stated that the proposal before the ~uthority at the present time will extend the life of the bonds in Series ~ and Series B to 20 years. The Urban Renewal ~uthority has also expanded the urban renewal area, and will need to issu e b on d s to finance public improvements in the e xp anded area. The fu n ds needed to cover the public improvement costs in the e x p ande d area will be included in the refunding/r e issu an ce of bon d s. Mr. Bell further discussed justi f ic at i on for the refunding and reissuance of the bonds, noting t h e ne ed to defees the covenants which were placed on Series ~ and Series B. Mr . Bell stated that Central Bank of Denver purchased the entire Series "B" issue, and have expressed an interest in repurchasing this same series of bonds on the new refunding/re~ssuance . • I • • • • .. -2- Hr. Bell reviewed several ~ocuments which had been prepared on the refundingtreissuance. These documents are schedules indicating Series ~ refunding and new money combined debt service, sources and uses of funds, computation of net capitalized interest, and the same information for Series B. The total proposed issue would be $30 1 970 1 000. Financial analysis done by Laventhol Horwath indicate that by the third year, there should be sufficient income from the redevelopment to reduce this amount of debt, and the long-term financing should be approximately $25,ooo,ooo to $26,ooo,ooo. Hr. Bell discussed changes that will be made in the indenture statements, which changes will provide more flexibility to the ~uthority in the use of the interest received from investments, etc. ~ "Supplemental Reserve" account will be created, which will be funded with "excess proceeds" and will be equal to approximately one year's debt service. This will give some protection to the ~uthority if income should decline at some point in the future. Discussion ensued on the effect the proposed Federal legislation could have on the financing for the redevelopment project. Ms. VanDyke asked if the 20-year bonds could be called early or refinanced. Hr. Bell stated that bonds may be financed whenever there is a benefit to to so. Hr. Bell stated that Kutak, Rock & Campbell have been directed to prepare the documents as soon as possible for the refunding and reissuance of the bonds. The current plans are to market the bonds with a date of October 1 1 1985 1 and to close sometime in mid-October. Hr. Bell stated that it is his opinion that there will be a lot of bonds on the market in late November and December, and that he wants to try. to be ahead of that type of market. Ms. Powers stated she felt there should be some decision made on the Trustee for the new issue. First National of Englewood is the current Trustee. Discussion ensued. Hr. Bell was asked to obtain quotes on fees charged by various banks and report these fees to the ~uthority. Hr . Bell was thanked for his attendance. Ms. Powers stated that the ~uthority will be considering this matter further at another meeti ng , and the closing will be, hopefully, in mid-October. III. BR~DYIUR~ ~GREEHENT. Ms . Powers stated that this proposed ~greement has not been pre pared in time for consideration at this meeting. Ms . Powers discussed problems that have occurred in the proposed transaction on the King Soopers Block, and the need to have a "clean title" to purchase the property, and then to resell this block to Brady. The closing on the purchase of t he site is now set for Friday, S eptember 20, 1985, if thft title can be cleared by that t1me . • I • ....... • • .. -3- IV . BUYER 'S CLUB ~GREEHENT . Hs. Powers and Hr. Benedetti discussed the proposed agreement between the Urban Renewal ~uthority and the 3B Management Company [Buyer's Club). There are some provisions that she feels should be in the ~greement which do not meet with approval from the staff of the 3B Management Company, such as the amount of a letter of credit. Hs. Powers discussed the proposed letter of credit, and alternate proof of financing which could be required of the redeveloper. Hs. Powers stated that she feels very strongly that the ~uthority should not proceed with this project without some proof of financial responsibility on the part of the redeveloper. Hr. Benedetti supported Hs. Powers ' opinion on the need for a letter of credit. Hr. Benedetti pointed out that the redeveloper will be getting a write-down on the price of the land, the site will be cleared, and he felt the requirement of a letter of credit was well warranted. Discussion ensued . Hs. Cole inquired about relocation of Park Floral. Ms. Powers stated that if it is the determination of Park Floral to relocate, the ~uthority will have to pay relocation expenses. Discussion ensued. Hr. Benedetti reviewed the pertinent points of the document. Ms. Powers pointed out that on Page 10, Section 4 .10, should state that the developer agreed to pay for the design and construction costs of a deceleration lane. Section 4.18, Liquor License, was discussed. Hr . Mcintyre expressed his disagreement with the statement of support for the liquor license being included in the Redevelopment ~greement . He asked how a "need" for additional liquor outlets could be proven in this area, and cited several existing liquor outlets currently in operation in the immediate vicinity of this site. Hr. Benedetti suggested that if an Authority member felt strongly about an issue, such as the liquor license, or if they had a financial interest in preventing the issuance of a liquor license to a new outlet, it would be advisable for that member to abstain from voting on such an issue. Hr. Benedetti stated that the State Statute requires that any member having any interest direct or indirect in a particular issue should disclose that interest to the Board, and should then abstain from voting to avoid any charges of conflict of interest.Hr. Mcintyre stated that to approve a new liquor outlet would be taking the revenue away from the existing liquor retailers; he could not support this. Discussion ensued. Hr . Benedetti stated that the redeveloper had at first asked that the ~uthority "guarantee " a liquor license, which was unacceptable; he then asked that the ~uthority "support the application" for a liquor license, which is the wording that is included in the proposed ~greement. • I • • • • • - -4- Mr. Benedetti c ontinued with his review of the proposed Agreement . Ms . Powers asked where reference is made to "operating requirements" --the Author ity has discussed th e need for a "continual operatio n" clause. Mr. Benedetti suggested that this particular clause might be better located in a lease with an operating cove nant included. He will discuss this matter further with Mr . Greg Johnson from Kutak, Rock,& Campbell, and with Mr. Bell . Mr. Benedetti discussed Section 12, and noted that the redeveloper has expressed a desire to have additional provisions which are of concern to him and to Mr .Johnson of Kutak, Rock, and Campbell. Mr. Benedetti stated that he would advise against any change in the wording of this section from the present draft. Discussion ensued. Exhibits to the Agreement were then discussed. were noted in Exhibit "D". Several changes Further discuss ion on the 3B Ma nagement Company proposal ensued. Ms . Powers stated that she felt, with the exception of the two sections cited on the letter of credit and Section 12 1 the Agreement is in good shape, and that she would recommend that the Redevelopment Agreement be approved as it is presently written. This draft encompasses what the Authority and staff feel is appropriate language and requirements, but did request that the Authority cons1der granting latitude for negotiations on the matter of the letter of credit.Discussion followed. Mr. Benedetti suggested that the lease should be reviewed by the legal counsel and bond counsel and meet w i th the approval of both. Mr. Totton stated that he would have a real problem in proceeding without requiring a letter of credit. Further discussion followed: VanDyke moved: Cole seconded: AYES: NAYS: ABSENT: ABSTAIN : The motion carr1ed. The Urban Renewal Authority accept and authorize the Chairman to sign the Redeveloper 's Agreement as it is written, in draft dated September 17 1 1985; Executive Director Powers is granted the power to negotiate the amount of the requ i red letter of credit; the lease with Buyer 's Club is to be acceptable to both the legal counsel and the bond counsel of the Authority; and the final and completed Agreement be brought ba ck to t he Aut hor i ty for ratification.· Totto n, VanDyke, Voth 1 Cole, Minnick None None Mcintyre • I • • • • • • -5- V . KING SOOPERS BLOCK PURCH~SE. Hr. Benedetti further discussed s~e of the title problems that have been discovered in the attempted purchase of the King Soopers block between West Floyd ~venue, West Girard ~venue, South Elati Street, and South Cherokee Street. Hr. Benedetti stated that he will be meeting with Hr. Joyce, legal counsel for Brady Corporation, on Friday for further discussion of this matter. Hs . Powers presented a suggested Resolution for cons i deration by the ~uthority pertaining to the purchase of the King Soopers block. Discussion ensued. Totton moved: Minnick seconded: The Urban Renewal ~uthority adopt Resolution •18, 1985 1 ~ RESOLUTION OF THE URB~N RENEW~L ~UTHORITY ~UTHORIZING THE CH~IRH~N OF THE URB~N RENEW~L ~UTHORITY TO SIGN V~IOUS DOCUMENTS TO EFFECTU~TE THE PURCH~SE OF 490 WEST FLOYD ~VENUE (BETTER KNOWN ~S THE KING SOOPERS BLOCK OF CINDERELL~ CITY). ~YES: VanDyke, Voth, Cole, Mcintyre, Minnick, Totton N~YS: None ~BSENT: None ~BST~IN: None The motion carried. VI . C~L KINS/HERCH~NTS OIL Hs. Powers stated that at the last meeting, Hr. Opperman had submitted a report that he was close to settling on the purchase price of the property owned by Hr . Calkins/Merchants Oil , and the ~u thority authorized up to a specific amount for that settlement. Hr. Opperman has now settled the case out of Court , and has asked that the ~uthority reaffir m their direction to him to settle this matter. Mcintyre moved: Minnick seconded: The Urban Renewal ~uthor it y direct Mr. Opperman to settle with Hr. Calkins/Merchants Oil on the purchase of the prope rty. ~YES: Voth, Cole, Mcintyre , Mi nnick, Totton, VanDyke N~YS: None ~BSENT: None ABSTAIN: None The motion carried . • I • • • • • -6- Further brief discussion ensued. Mcintyre moved: Cole seconded: The meeting be adjourned. ~YES: Cole, Mcintyre, Minnick, Totton, VanDyke, Voth N~YS1 None ~BSENT: None ~BSTAIN: None The motion carried; the meeting was adjourned at 7:35 P. H . - I • • • • • - 9 ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY 3535 S. Sherman -F.nglewood, CO 80110 Roard Members Present: Coleman, Green, Mausolf, Otis, Pendleton Board Members Absent: Kaufman, Oswald, Tomooka Staff Present: P. Dietrich Guests and Visitors: Dorothy Dalquist, Susan Powers The regular meeting of the Englewood Downtown Development Authority Board of Directors was called to order by Chairman Bill Pendleton at 12:05 PM on September 11, 1985. The minutes from the previous meeting were presented for approval. Mr. ~~usolf moved, seconded by ~r. Coleman, to approve the minutes from the regular meeting of August 14, 1985. The motion was passed unanimously by voice vote. The Treasurer's Report, dated August 31, 1985, was not available from the City at this time. CHAIRMAN 'S REPORT Mr. Pendleton noted that he had received the resignation from Rachel Owens from the Roard of Directors. Mr. Mausolf moved, seconded by Mr. Green, to accept, with regrets, the resignation of Ms. Owens. It was noted that she had served on the Authority for four years and had been a very valuable member of the Roard. The motion was passed unanimously by voice vote. Budget Sub Committee -1986 Budget -Mr. Pendleton appointed Dan Green and Barry Coleman to the Budget Sub Committee to establish and recommend the proposed 1986 budget. The estimated revenues for the Author ity will be available from Arapahoe County Treasurer's Office by the end of September. It is plmned to present the proposed 1986 budget to the Board at the November, 1985 regular meeting. Also, Mr. Pendleton appointed Mr. Kaufman and Mr. Tomooka to present a list of possible nominations for the Board vacancy at the next regular meeting. At that time, the list will be approved and forwarded to City Council for consideration and appointm~nt. ·- • I • • Page Two Minutes Se ptember 11, 198 5 DIRECTOR'S REPORT • • .. Public Improvements -Low bid for the public improvements project on South Broadway wa s awarded to SaBell's, Inc. by City Council on September 3, 19A5 . The cost o f la ying conduit for the Public Service wires can be considered at this time. If this could be accomplished now, this would be a tremendous s avings in the fut ure. It was noted that the final contract included electrical outlets at each of the trees. Susan POwers questioned who would be paying the costs of electricity if electrical lights were placed on t he trees. There will be additional trees planted around each corner to extend the overall appearance. There will be coordination necessary between SaBEll's and the contractor fo r the Englewood Parkway regarding the intersection of Girard and Broadway. Ms. Dietrich noted that she will be attending weekly construction meetings with the contractor and the Engineering Department and will know of any ma j or problems or delays that might occur. She also not ed that she will be delivering a letter to all the me rc hant s in the affected blocks of South Broadway regarding the minor disruptions that they will experienc e during the next two months of construction . It is hoped that these will be kept to a minimum. The cont r actor is aware of this feeling. The ex ten sive mailing for the Tree Dedication Program will be sent out during the first part of the week. This will include over 470 letters and brochures and some follow up phone calls. Susan Powers noted that the proposed street signs for the Parkway are available . They can be presented at the next Board meeting. Englewood Fall Festival Days -Ms. Dietrich detailed some o f planning that has gone on to date regarding the Englewood Fall Festival Da ys in downtown Englewood. Food booths, crafts and art booths, auctions, rumma ge sales, and other activities are being planned. Many of the merchants on Broadway have indicated that they will take part in this Festival. Rosemary LaPorta has taken the lead in organizing the details and arrangements for th is event. Much of the activities will r evolv e around the Englewood Parade on November 2, 1985. Mr. Mausolf wanted the Board to consider a $500 to $1 ,000 contribution to the PAll Festival Committee. Mr. Coleman noted that the Festival will bring mu ch publicity to the downtown district. • I • • • Page Three Minutes September 11, 1985 • • • A question was raised as to the role of the DDA in downtown Englewood and what is development in those terms. Mr. Pendleton believes that it is the role of the Authority to provide an attractive and economically healthy atmosphere in downtown f.nglewood so that private interprise can succeed. It was also suggested at this point to offer a Challenge Grant to the Fall Festival Committee as a possible incentive for raising funds from the private sector. Additional information is needed for this in terms of a proposed budget from the Committee. At this time, no action was taken. In addition to theAnnual Englewood Parade that weekend, Ms. Dietrich noted that the Public Improvement Project will be completed, the Englewood Parkway will be open that weekend, the Broadway Southwest department store at Cinderella City will be open, and the Fall ~estival will take place. Farmers Market -There have been several complaints regarding the traffic on Tuesday afternoons during the Farmers' Market. It '!Jas agreed that additional people in the downtown area creates positive· activity. Merchants need to work with the Market next year .to take advantage of the increased number of pedestrians in the area. Urban Renewal Authority -Susan Powers noted that the arrangements between King Soopers and Kravco are almost completed. The new grocery store will be opening within 30 days. Also, the agreement between Buyer's Club and URA is in fina l stages to be signed. As there was no further business, the meeting was ad j ourned at 1 :18 PM. • I . • • • .. • MINUTES ENGLEWOOD, COLORADO 9 BOARD OF ADJUSTMENT AND APPEALS September 11, 1985 The regular meeting of the Board of Adjustment and Appeals began at 7:30 p.m . with Chairman Fish presiding. MEMBERS PRESENT: MEMBERS ABSENT: ALSO PRESENT : Seymour, Hallagin, Brown, Lighthall, Ferguson and Fish. Gag e. Dorothy A. Romans, Staff Advisor Mary Alice Rothweiler, Planner I Sheryl Rousses, Recording Secretary * * * * * The Chairman stated that with six members present, five affirmative votes would be required to gran t a variance. BOARD MEMBER SEYMOUR MOVED THAT THE MINUTES FOR THE MEETING OF AUGUST 14, 1985, BE APPROVED AS 1-/RITTEN. Board Member Hallagin seconded the motion . Upon a vote, five members vo ted in the affirmative and Mr. Fish abstained. The Chairman ruled that the Minutes were approved as written. * • * * * BOARD MEMBER SEYMOUR MOVED THAT THE FINDINGS OF FACT IN CASES NO. 11-85, 14-85, 15-85, AND 16-85 APPROVED AS WRITTEN. Board Member Lighthall seconded the motion. Upon a vote, five members voted in the affirmative, and Mr. Fish abs tained. The Chairman ruled that the Findings of Fact were approved as written. * * * * * OLD BUSINESS. The Chairman stated that the Board was to consider an extension of a variance granted in Case No. 10-83 which permitted Dennis Niernberg to construct six, two-unit, single-family attached residential buildings at 2377 West Vassar Avenue. Three of the buildings were to be built on West Vassar Avenue and three to the north on West Hillside Avenue. The units on West Hillside Avenue have not been built. The applicant is requesting an extension of his variance to six months from the date of the meeting. Dennis Niernberg, 1313 Steele, Denver, was sworn in for testimony. He said he had not realized that a variance expired in six months. The fi rst three units were built, but sold out slowly due to the high interest rates. Interest • I • - ( • • • - -2- rates are now down, and he stated he would like to finish the project. He said he would sod the front and back yards and there would be landscaping. BOARD MEMBER FERGUSON MOVED THAT AN EXTENSION BE GRANTED IN CASE NO. 10-83 TO SIX UONTHS FROM SEPTE}ffiER 11, 1985. Baord Member Brown seconded the motion. Upon a vote, all six members voted in the affirmative, and the Chairman ruled that the variance would remain in effect until six months from September 11, 1985. * * * * * The Chairman opened the Public Hearing on Case No. 17-85 for property located at 3127 South Vine Court. 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 evidence of posting of the property and publication . Mrs. Rothweiler stated that the applicant is requesting a variance to permit enclosing a carport to create a detached garage which would encroach three and one-half feet into the side yard setback, leaving a setback of one and one-half feet between the garage and the south property line. This is a variance from the Comprehensive Zoning Ordinance, Section 16.4-2 m (1) (c) (ii), Minimum Side Yard fo r Detached Garages in the R-1-A, Single-Family Residence District. Mrs. Rothweiler entered Exhibits I, II, and III, two letters of approval from neighbors and a copy of a previously granted variance on the property. The Chairman asked that the applicant come forward for testimony. Gerald N. Cooper, 3127 South Vine Court, was sworn in for testimony. Mr. Cooper stated that in 1962 he was granted a variance for the carport and driveway, and now wants to close in the carport. He said the neighbors had approved; there have been no objections. He stated he has health problems and should not shovel snow. There were no further speakers for or against the variance . After incorporating the Staff Report in the Record, and receiving no comments from Staff; the Chairman clo sed the Public Hearing. BOARD MEMBER BRO\-'N !-lOVED THAT A VARIANCE BE GRANTED TO GERALD N. COOPER, FO R PROPERTY LOCATED AT 3127 SOUTH VINE COURT PER11ITTING THE ENCLOSURE OF A CARPORT TO CREATE A DETACHED GARAGE WHICH WOULD ENCROACH THREE AND ONE-HALF FEET INTO THE SIDE YARD SETBACK, LEAVING A SETBACK OF ONE AND ONE-HALF FEE T BETI~EEN THE GARAGE AND THE SOUTH PROPERTY LINE. THIS IS A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE, SECTION 16.4-2 m (1) (c) (ii), ~INIMUM SIDE YARD FOR DETACHED GARAGES IN THE R-1-A, SINGLE-FAMILY RESIDENCE DISTRICT. The members locked in their votes, but before displaying them, gave their findings as follows: Mr. Seymour stated he had voted "yes" because there was a medical hardship and there were no objections. He said that the five conditions were met. Mr. Hallag in voted "yes", saying the five conditions were met, and there was a hardship . • I • • • • ,. • -3- Mr. Brown voted "yes", saying this would be a good addition to the neighborhood, and there were no objections to the variance. Ms Lighthall concurred with the rest of the Board. Mr. Ferguson voted "yes", saying the five conditions were met. Mr. Fish stated there was a hardship imposed by the structure of the property, and the size of the residence did not permit any other structure to be built. He said the enclosure of the carport would be an asset to the neighborhood. When the votes were displayed, all six members had voted in favor of the variance, and the Chairman ruled that the variance was granted. He instructed the applicant to obtain the proper permits. * * * * * The Public Hearing for Case No. 19-85 was opened. The Chairman stated that the Board is authorized to grant or deny a variance by Part III, Section 60 of the Englewood Municipal Code. He stated he had proof of postin g and publicatio n, and asked that the Staff identify the request. Mrs. Rothweiler stated that the applicants, Michael and Ruth Wolf, are requesting a variance to enclose and extend an attached carport in such a way that it would extend forward to the front property line. This is a variance from the required front yard setback o f 25 feet to 0 feet. This is a variance from the Comprehensive Zoning Ordinance, Section 16.4-2 h, Minimum Front Yard in the R-1-A, Single- Family Residence District. The Chairman asked that the applicant come forward to testify. Paul Butler, 5952 South Adams Drive, was sworn in for testimony. He stated that Mr. and Mrs. Wolf contacted him to work out a design for a two-car garage on this small site. He works for Skufca and Shelton in a remodeling branch of the company. He said there would be a front and a side yard encroachment. He said this was the minimum variance they could request which would meet the Wolfs' needs. He said there had been burglaries; one automobile was lost. He said this is the only house on that side of the block facing north. He said letters from the neighbors had been received stating there were no objections to the request. Mr. Butler submitted the posting certification. Mr. Butler stated there would be no setback from the property line, although the garage would be nine feet from the sidewalk. The cars would park in tandem. The appearance will be that of a one-car garage. Mr. Ferguson asked what is presently behind the carport. Mr. Butler said there is a bedroom behind the carport . There were no further questions. Michael Wolf, 1312 East Bates Avenue, was sworn in for testimony. He stated that because of the narrowness of his property the only way to h ave a two- car garage is the plan they presented in their application. He said his back was injured in the Marines; he wears a brace; and facing the north makes a huge shovelling job for him, as the snow doesn't melt. He had no objection to a one-car garage until their car was vandalized last year. The windows were knocked out of the cars and the paint scratched. Since they have more than one car, they want both cars in an enclosed structure. He said this is the least possible variance. He talked to Kells Waggoner, the Director of Public 1-lorks, co ncerning Mr. Waggoner's objection • I • ( ( • • • • -4- that the setbacks should be maintained consistent with the rest of the neigh- borhood. Mr. Wolf said the other two houses are not on the same street; they are the only house facing that street. Both of the neighbors approved the plan. Mr. Wolf stated that Mr. Waggoner, when the matter was explained to him, withdrew his objection. Mr. Hallagin stated that if the garage is pu t at property line, the snow will drift right there. Mr. Wolf said there would still be less snow. Mr . Ferguson asked if the Wolfs had considered the possibility of changing the house and eliminating the bedroom, while putting the garage toward the rear. Mr. Wolf said this plan is the simplest way to go; actually there is a bathroom that would have to be replaced if they built the garage to the rear. Mr. Ferguson said it is the arrangement of the house that is the difficulty. He said that when the snow shovel goes by and pushes snow against the door, the door may freeze shut. Mr . Wolf said they are nine feet back from the street. llr. Wolf said if they don 't enclose, the snow from the driveway inundates them and when the snow plow comes by, they have no place to put the snow. He said he had lived there since 1959 and the last three snows emphasized the problems with the northern frontage . Mr. Seymour asked where the nine-foot setback from the street falls . It was decided it is about where the hedge is, further back than the sign. There were no further speakers in favor or opposed to the variance. The Staff Report was incorporated into the Record. There were no comments from Staff. Mr. Fish asked Mrs. Romans what is the difference between a clo sed carport and a garage. Mrs. Romans said when you enclose a carport, it becomes a garage. Mr. Fish asked if the carport could be extended at all within the Ordinance. Mrs. Romans said it is already at the setback line. Mr. Seymour said the neighbors' sideyards go out as far as this requested encroachment. The Chairman closed the Public Hearing. BOARD MEMBER FERGUSON MOVED THAT THE APPLICANTS BE GRANTED A VARIANCE FOR PROPERTY LOCATED AT 1312 EAST BATES AVENUE, PERMITTING THE ENCLOSING AND EXTENDING OF AN ATTACHED CARPORT IN SUCH A WAY THAT IT I'OULD EXTEND FORWARD TO THE FRONT PROPERTY LINE. THIS IS A VARIANCE FROt1 THE REQUIRED FRONT YARD SETBACK OF 25 FEET TO 0 FEET. THIS IS A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE, SECTION 16.4-2 h, MINIMUM FRONT YARD IN THE R-1-A, SINGLE-FAMILY RESIDENCE DISTRIC T . Board Member Seymour seconded the motion. Mr. Ferguson said there is no real ha rdship; the carport could be built through the house. Mr. Fish said he is concerned about whether this would adversely affect the neighborhood. Mr. Brown said that, while there is a hardship, it is not so serious that the entire neighborhood should be jeopardized. The members locked in their votes , and gave their findings as follo ws: Mr . Seymour said he voted "no" because the variance is too much; it would be detrimental to the neighborhood and its open space . • I • • ( • • • • -5- Mr. Hallagin voted "no" because this is a beautiful area which would be da ma ged by a garag e that looks like a tunnel a l l the way to the property line. He s aid the request did no t meet the five conditions necessary to grant a varianc e. Mr. Brown voted "no" because this c o uld be detrimental to the neighborhood a nd the carport could be enclo sed to lock up one of his cars. He s aid there is a hardship, but not s o grea t that the variance can be g ive n. Ms Lighthall voted "no" because ther e would be no setback in the f r ont. Even thou gh the o ther houses face in different directions, there a re three houses on the block. She said the carpo rt would look like a railroad tunnel c omin g down the street . Mr. Fer guson vo ted "no ", saying that even though there ma y be a hardship to Mr. Wo lf b ecau se of his hea l th, it is not a hardship unique t o t h e pro perty . He s a id th e var ian c e wou l d adversely affect the neighborhoo d. He s a id he did no t feel that the va riance as requested is the minimum that c ould be granted. Mr. Fish co nc urr ed with the other members. When t he vo t e s were displayed, a ll six members had vo t ed a ga inst the variance, and the Chairma n ruled that the v ar ianc e had been denied. * * * * * Th e Chairman opened the Public Hearing in Case No. 20-85 . tha t the Board is authorized to grant or deny a varia nce by of the Englewo o d City Ch a rte r . He stated that h e ha d proof a nd posting of the pro perty at 4 240 So uth Lipan Stree t. Th e Chairman stated Part III, Section 60 of the publication Mrs . Rom a n s sta t ed t he appl i cant is req ue s tin g a v ariance to permit him to use the ga rage at his r esid ence in the R-1-C, Single-Fami l y Res ide n c e District, as a n a uto deta i l polish shop. This i s a varianc e fro m the Com prehensive Zo ning Or d ina n c e, Section 16 .4-4 b, Perm i t t e d Pri n c ipa l Uses ; a nd Sec tio n 1 6 .4-4 m (4), Pe r mi tted Accessor y Use s, Su bsection (k) (iv ), whic h specifically excludes body , mec h an i cal repair, or modification of motor vehicles; a nd Subsec tion (c ), wh i ch s t a t e s t ha t a home occupation shall be operated entirely within the dwellin g unit . Exh ibits I through IX we r e submitted showi ng t h e o perat i on, the garage, a letter opposing the variance , and a r equest f r om a woman a s k ing that her name be removed from the pe t ition s ub mitted by t h e ap pl i can t. Mr. Jerald Hughes and Mrs. Geri Hu ghes, 4240 South Lipan Street were sworn in for testimony. Mr . Hu ghes stated that detailing and polishing cars is his only skill. He worked for a car dealer for twenty-five years. He wants to continue working out of the garage. He said he has a huge driveway in front of the t wo-car garage. He s hampoos the i n terior of th e cars and polishes the o u tside with the buffer. The garage i s 24 feet by 24 feet . The driveway is 60 feet wide by 132 feet . This dr iveway is shared with a neighb o r a nd t h e Parks De par t ment has a right-of-way through t he center for access t o Jas on Park. He stated t h at most of his neighbors signed a petition agreeing to t h e variance . He does not bother the neighbors or make excessive noise. He works from 8 a .m. to 5 p.m. Monday through Friday , and Saturdays 8 a .m. through 12 noon . Mrs. Hugh es said that t h e reason Mrs . Frazier asked t h at he r name b e r emoved from t he petition was t hat she was going to move shortly and did no t feel s h e should decide for the next tenant. Mrs. Hughes said tha t the b usin ess is ver y quiet. She said that this is the only skill Mr. Hughes has; h e has looked for • I • • ( ( • • • .. -6- other jobs and has looked for a place where he can legally do his wo rk; but this is the only place they can afford while he is building up the business. Mr. Hughes said the buffer makes very little noise. The buffer and the vacuum are the only power tools he uses. Mrs. Hughes said some of the neighbors have said they didn't realize he was running a business. There are never more than two cars in the dr i veway at one time. Mr. Hu ghes stated he picks up and delivers free, and many times the cars are left at the dealership. Mr . Hallagin asked how long the work in the residential area has been go ing on. Mr. Hughes said since the last week in July of this year. Mr. Hallagin noted that the petition was not notarized. Mr. Hughes said h e personally went from house to h ouse. Mrs. Hughes said they were unaw are that they needed any license to run a business. She added that there is a glass company and an upholstery business run from neighb o ring homes . Mr. Hughes said that the glass bus i n ess owner is working out of his house and garage and dispatches to or three truc ks. Mr. Ferguson noted a letter from Stephen Neyer, an insurance agent who opposed granting this variance. Mr. Neyer seemed to think that the operation was an auto body shop. Mrs . Hughes said no body or mechanical work is done a nd no chemicals are used in their operation. Mr. Fish read the letter from Mr. Neyer, dated September 11, 1985: "Dear members of the Board of Adjustment: The purpose of this letter is t o advise you of my opinion against granting a variance for useage of property located at 4240 South Lipan Street. My h ome is located one block away at 4330 South Lipan. The duties of my job prohibit me from a tte nding this meeting in person . One objection with the attempted variance is that, I feel, the overall charac t er of the neighborhood would be jeopardized . This property is located adjacent to Jason Park. The thought of a body shop o perating n ext to a park where my children play is unthinkable. Another objection concern(s) other properties in the neighborhood. I'm sure such a business such as this, located in a residential area, would adversely affect the property values as well as the quality of life for those people living in the area. Chemicals applied and machinery used would contribute additional noise and air pollution not desirable in this area. As a self employed businessman myself I feel that there is a place to raise your family and a place to conduct your business. Generally these locations should be kept separate. Obviously saving on rent would be a main consideration for any business. However, business expenses are certainly part of running a business. I feel certain that there are other locations in Englewood that can accommodate such a business as the one involved in this variance request. Finally, I am very concerned with a precedent being set in this situation. Properties and neighborhoods in Englewood were originally zoned with a certain level of quality of life in mind. Granting this variance would certainly undermine the efforts of those before you whose intent was to make Englewood a better place to live . • I • • ( • • • • -7- I thank you for your time and consideration. Sincerely, Steven M. Neyer" Mr. Hughes said there are no flammable liquids used with his business. Mrs. Hughes said there are two fire extinguishers. Mr. Ferguson asked how long the Hugheses would want to run a business at this address if the variance were granted. Mr. Hughes thought about five years. There were no other speakers in favor of the request. The Chairman asked if anyone wanted to speak against the request. Irma Hammer, 7306 South Platte River Drive, was sworn in for testimony. She read a statement saying she is one of the owners of the property at 4230 South Lipan Street, which is the house to the north of the applicants. She opposed granting the variance, saying they have invested time and money in their house, and they have a commitment to keeping Englewood a good place to live. She has worked near auto detail shops, a n d it ha s been her experience that there is noise and traffic concerned with such shops. She said a detail shop should not be in a residential area. Sh e questioned the appropriateness of this business adjacent to a City park. Sh e stated that this business would increase noise and traffic and the number of cars parked on the street and in the area. Having a business at this address will adversely affec t property values in the area. She urged that the variance be denied, and the applicants encouraged to find a more suitable place from which to run their business. Mr. Ferguson said the Board could grant a restricted variance requiring that no cars be parked outside and restricting the length of time the business could be run from this address. He asked what her reaction to this would be. Mrs. Hammer said that five years is unacceptable and a restric ted variance would not make her withdraw her objection. Mr. Brown asked what would be the worst thing a bout a detail shop in a neighborhood. Mrs. Hammer said buffing is noisy a nd she objects to the traffic . The re were no further questions. Susan Anderson, 4170 South Lipan Street, was sworn in for testimony. She objected to gr anting the variance because of all the c urrent traffic. She said she has lived there seven years , and this is a residential zone . She said that property v alues would be lowered and other businesses will be likely t o move in. She said there are children walking through the neighborhood to the park. She feared pollution and chemicals and probable expansion of the business. There were no questions. Francine C. Hammer, 4340 South Lipan Street, was swor n in for testimony. She stated she objects to business in residential areas , whic h wo uld establish a precedent . She said the business should be in a busines s or industrial area. People must make sacrifices to make a business work. M3 Lighthall noted that Ms Hammer is not a close neighbor of the a pplicants. Ms Hammer, who lives one block to the south of the subject property, said the zo n ing rules s hould be main tained. She said Englewood puts forth an effort to maintain the qu ality of life within its boundaries. She said that the Englewood Recreation Center at West Oxford Avenue and South Kalama th Street was constructed a t that location for that purpose. If this business is permitted, other business will want to • I • • ( • • • .. • -8- come into residential areas. Mr. Fish said that variances do not set precedents, and are considered individually. There were no further questions. Rita Poffel, 4185 South Lipan Street, was sworn in for testimony. She stated she had lived in the neighborhood for 31 years. She has fought traffic problems in the neighborhood for most of that time. She and her husband are business people and have never expected to run their business from their home. She wants the nature of her neighborhood preserved, and traffic kept to a minimum. There were no further questions or speakers opposed to the variance. Mrs. Hughes said there are parking problems in the neighborhood, and, because they have children of their own, the know how many children are on that street. She said her husband brings in one car at a time, and does only two or three cars a day. No chemicals are being used. She said Mrs. Hammer doesn't live in the house to the north and doesn't know how quiet Mr. Hughes is. Regarding the "no parking" signs, they were put there because people using the park constantly parked in front of t~eir house, and this had nothing to do with business. She reminded the Board that there are other businesses in the neighborhood and there were apparently no complaints. The Chairman incorporated the Staff Report into the Record, and asked if the Staff had any comments. Dorothy Romans, Assistant Director of Community Development - Planning, was sworn in for testimony. She said that the subject property is in the R-1-C Zone District, and home occupations are permitted in that district within specific limitations. A home occupation "is any use conducted entirely with in a dwelling and carried on by the occupants thereof, which (use) is clearly inc idental and secondary to the primary use of the dwelling for dwelling purposes and does not change the character thereof. Such use must meet all conditions and requireme nts for the particular zone in which the use is located." Mrs. Romans said the requirements in the single-family zone emphasize the occupation shall be operated entirely within the dwelling unit a nd only by the persons maintaining the dwelling. She said the use is not a Home Occupation by definition. She said the hours would be permissible, but there can be no separate outside entrance. This business is not run from the house. She said that the Staff is of the opinion that this application is not within the intent of the Ordinance. She said that in addition to the five conditions for granting a variance, the Comprehensive Zoning Ordinance states the Board may not grant any variance relating to the use of property unless it find~ in addition to the five conditions, that the property cannot be used for a ny purpose permitted within the zone district; and the proposed use is the use of the property most compatible with the standards and policies set fo rth in the Comprehensive Plan. In this case , the Plan shows this area as a low-density residential area. In addition, the use cannot be detrimental to, nor incompatible with, other uses in the neighborhood. Mrs. Romans said this is a single-family residential area, although it is reasonably close to an industrial area. The City has resisted any extension of business or industry into the area for several years. The proposed use must be the least traffic-intensive use possible which will permit some reasonable use of the property, and the difficulty or hardship must not be self-imposed. Mrs. Romans said the variance goes with the land, not with the individuals, and economic hardship should not be grounds for granting a use variance . • I • - ( ( • • • • -9- Mr. Fish asked if the Ordinance specifically mentioned detail shops as prohibited in this district. Mrs. Romans said that it is not specifically addressed; it is difficult to list every activity to be prohibited; however, body and mechanical repair are specifically prohibited. She said the Council's position is that working on cars is not part of a home occupation. An attached garage is not part of a dwelling. A home occupation must be in the residence, it must be an incidental use to the residence. The Chairman closed the Public Hearing on Case No. 25-85. BOARD MEMBER SEYMOUR MOVED THAT IN CASE NO. 25-85, JERALD AND GERI J. HUGHES BE GRANTED A VARIANCE FOR PROPERTY LOCATED AT 4240 SOUTH LIPAN STREET, PERMITTING MR. HUGHES TO USE THE GARAGE AT HIS RESIDENCE IN THE R-1-C, SINGL E-FAMILY RESIDENCE DISTRICT, AS AN AUTO DETAIL POLISH SHOP. THIS IS A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE, SECTION 16.4-4 b, PERMITTED PRINCIPAL USES; AND SECTION 16.4-4 m (4), PERMITTED ACCESSORY USES, SUBSECTION (k) (iv), WHICH SPECIFICALLY EXCLUDES BODY, MECHANICAL REPAIR, OR MODIFICATION OF MOTOR VEHICLES; AND SUBSECTION (c), WHICH STATES THAT A HOME OCCUPATION SHALL BE OPERATED ENTIRELY WITHIN THE DWELLING UNIT. Board Member Brown seconded the motion. Mr. Ferguson said it seemed to him that this is a real business, not a home occupation. He suggested that the applicant clean the cars at the owners' houses. The Board members locked in their votes, and gave their findings as follows: Mr. Seymour voted "no" because of the opposition, and use variance conditions No. 1, 2, and 5 were not met. Mr. Hallagin voted "no" because the Ordinance should be upheld; this is a nice neighborhood; and he concurred with Mr. Seymour. Mr. Brown expressed his sympathy for the applicants, but he voted "no" in order to protect the single-family neighborhood. The neighbors were concerned; and the application did not meet all of the conditions necessary to grant a variance. Ms Lighthall voted "no" because she does not want to abrogate the Comprehensive Zoning Ordinance; however innocently the applicants began their business, they were functioning without authority or legitimacy. While there may be other "businesses" in the neighborhood, it was indicated they are only dispatching from their homes; they do not perform the work there. Mr. Ferguson voted "no" because the hardship was self-inflicted and concerns only finances. Mr. Fish concurred. When the votes were displayed, all six members had voted against the variance, and the Chairman ruled that the variance was denied. The Chairman declared a recess at 9:30 p.m. * * * * * The meeting reconvened at 9:40 p.m. with the same Board members present . • I • - ( • • • • -10- The Chairman opened the Public Hearing on Case No. 21-85 •. He stated that the Board is authorized to grant or deny a variance by Part III, Section 60 of the Englewood Municipal Code. The Chairman stated he had proof of posting and publication, and asked that the Staff identify the request. Mrs. Rothweiler stated that the applicants, Raymond J. and Ramona R. Turner, were requesting a variance for property located at 4050 South Jason Street, to allow construction of an attached carport which would encroach two feet into the south side yard setback. This is a variance from the Comprehensive Zoning Ordinance, Section 16.4-4 m (1) (c), which sets the side yard setback of an attached carport at three feet in the R-1-C, Single-Family Residential District. The Chairman asked that the applicant come forward for testimony. Raymond Turner, 4050 South Jason Street, was sworn in for testimony. He said that he wishes to build a carport on the south side of the house extending the present roofline of the house. He said a garage would be too expensive, and would not eliminate the problem of snow on the south side of the house. A carport will provide protection from the snow and is within his means. He stated that his neighbors agree with the request. Mr. Ferguson suggested that by moving the step, the carport could be made legal. Mr. Turner said the step is needed in order to go into the house. There were no further questions, and no speakers for or against the variance. The Staff had no comments. The Staff Report was incorporated into the Record. BOARD MEMBER HALLAGIN MOVED THAT IN CASE NO. 21-8~ THE APPLICANTS BE GRANTED A VARIANCE FOR PROPERTY LOCATED AT 4050 SOUTH JASON STREET, PERMITTING THE CONSTRUCTION OF AN ATTACHED CARPORT WHICH WOULD ENCROACH TWO FEET INTO THE SOUTH SIDE YARD SETBACK. THIS IS A VARIANCE FOIUI THE COMPREHENSIVE ZONING ORDINANCE, SECTION 16.4-4 m (1) (c), WHICH SETS THE SIDE YARD SETBACK OF AN ATTACHED CARPORT AT THREE FEET IN THE R-1-C, SINGLE-FAMILY RESIDENTIAL DISTRICT. Board Member Lighthall seconded the motion. The members locked in their votes, and gave their findings as follows: Mr. Seymour voted "yes" because there were no objections, and the carport will be compatible with the neighborhood. Mr. Hallagin voted "yes" because the applicant has support from the neighbors; there is a hardship; and the conditions necessary for granting a variance were met. Mr. Brown and Ms Lighthall concurred. Mr. Ferguson said he voted "yes" because there is a hardship. Mr. Fish concurred. The Chairman ruled that the variance was granted, and instructed the applicant to contact the Building Division for the proper permits. * * * * * The Chairman opened the Public Hearing for Case No. 22-85. He stated that the Board is authorized to grant or deny a variance by Part III, Section 60 of the Englewood City Charter. The Chairman stated he had proof of publication; and, while there was no certificate of posting, the Staff and Board testified • I • • ( ( • • • • -11- that the property was properly posted at the subject address, 5098 South Linden Drive. Mrs. Romans stated that the applicant is requesting a variance to allow the construction of a garage which would be three feet from the side property line on the north and 20 feet from the front property line. This is a variance from the Comprehensive Zoning Ordinance, Section 16.4-2 m (1) (c) (i), which establishes the side yard setback for an attached garage at seven feet; and Section 16.4-2 h, which sets the minimum front yard at 25 feet in the R-1-A, Single-Family Residence District. The Chairman asked that the applicant come forward. Mr. John M. Mango, 2970 Falcon Street, was sworn in. He stated that Mr. Thomas, the owner of 1 the propert~ contracted Eagle Builders to build a garage on a lot that is different from others in the neighborhood. The house is placed "cattycorner" across the lot, and there is limited space on the north and south sides of the house. The requested variance is as minimal as possible. The garage will be only 20 x 21 feet and anything smaller will not accommodate the owner's vehicles. No garage can be built on the south side of the house because no curb cut will be allowed on West Belleview Avenue and the topography on the east side presents a problem. There is access o nly from Linden. There is a fire hydrant on the soutwest side of the property. This is the only place for the garage. There were no further speakers in favor of or opposed to the variance. BAORD MEMBER FERGUSON MOVED THAT THE APPLICANT BE GRANTED A VARIANCE FOR PROPERTY LOCATED AT 5098 SOUTH LINDEN DRIVE, TO ALLOW THE CONSTRUCTION OF A GARAGE WHICH WOULD BE THREE FEET FROM THE SIDE PROPERTY LINE ON THE NORTH AND 20 FEET FROM THE FRONT PROPERTY LINE. THIS IS A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE, SECTION 16.4-2 m (1) (c) (i), WHICH ESTABLISHES THE SIDE YARD SETBACK FOR AN ATTACHED GARAGE AT SEVEN FEET, AND SECTION 16.4-2 h, WHICH SETS THE }UNIMUM FRONT YARD AT 25 FEET IN THE R-1-A, SINGLE- FAMILY RESIDENCE DISTRICT WITH THE FOLLOWING CONDITION: THE NORTH SIDE OF THE LOT SHALL BE LANDSCAPED TO SHIELD THE GARAGE AS MUCH AS POSSIBLE FROM THE VIEW OF THE NEIGHBOR TO THE NO RTH. THE LANDSCAPING SHALL BE INSTALLED BEFORE AN OCCUPANCY PERMIT WILL BE ISSUED FOR THE GARAG E. Baord Uember Hallagin seconded the motion . The members locked in their votes, and gave their findings as follows: Mr. Seymour voted "yes" as there were no objections; the conditions on the property create the hardship, along with its proximity to Belleview. Mr. Hallagin voted "yes" because the five conditions were met and the cars will be protected. Mr. Brown said the neighbors approved of the variance, there is a hardship in the shape of the property. Ms Lighthall voted "yes", concurring , and saying there were four cars parked in front of the house when she went by, and this garage will improve the neighborhood. Mr. Ferguson voted "yes" and said the five requirements were met. Mr. Fish concurred. • ... I • • - - ( • • • • • -12- Tlte votes were displayed, and all six members had voted in favor of the variance, and the Chairman ruled that the variance was granted. Tlte applicant was instructed to contact the Building Division for the necessary permits. * * * * * DIRECTOR'S CHOICE. None. BOARD'S CHOICE. 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I 'JII', '"· '•t.ft nu J hrtrurn h t r t"rt&on lh u ld 1 u q • I • • ( ( • • • • !1 , ' • · t , " t ~ t w t. , , ;; ~ ! ., .... ,...., d t t. 1 I H .! l u MM 1. ~ s. .L u 11 d n 1 J I u 5 t r a t • t• n o f lh ~ fro nt e ntr a n ce . lhe JOb 1 s s lat e d t 'J tn ' n r1l d P I t d I t u t 1 r t d l-J a o f 0L tob e r. ·~·t>~ o f ,, qu l f c"tH ::,e f e s ~u ru e y Made by Golf P...-o Jer-ry .. I I H J W PIP til ,f t J I P tft •t l lu fuM Ml Sb l (J II M e Mb ers . Ou·e .to..-ROMan s p o ~n t e d u u t th.-.t U w f t>ea ul the rnylewood Go lf Co ur se are lower· thdn •-.u r r o undJ U!J r:uur ~c ~. Rn r>a n s s tatt>d t hat City Manager Mc Cown t..tn ul rt J1kP to h a ve the ronn i.S5 t.o n"5 ,..-e c o nM enda ttun s c on c e rnJn g a n 1ru.:e·ed ti t!" 1.11 LntJl t:u ood rJO I f f ee~. flf1.er MU C h d t SC U S5 lOO , Co M<'t ,s ton e r HLgda y Mad e a Mul 1 on . -nd by Co MMt S5 tonet Sc hroeder , THill fl Rl COI111Ffi01HlOH DE I'IRDE 10 RI'II:.HIJ lHE PIWPDSrO GOLF FEES FOR t:HC.I £1d00fl RS tOLl OLIS : It . UHOER COUII'IH F OR PI(Of'OS£0 Fr I 5 FOR £HG U -:UOOO. f "OR 9 IIOLE.S -CROSS UUI Sf, .110 H .1(. HHil Rf"PI.HO LlllH $6 .5Q . 0 . II HIJ I:I( COLUI'IH f lllol t'IUit 'USt U I H S I OR t "Hfii.L IJOOU , f"UR SR . ') Hlll £.5 CIWS!> fiUl S1 .Ill) atHi l I f'lttt:L 1.11 IH 5 3 .:.0. l: . IIHOI-1( I:OL U11H f OR PIWPII'-;£0 r I 1:!:. t'llR E.HGLE IJOOO. 1-OR SR . 1 8 UOL ~ S -CRO SS 001 ~~ . ~-,u RHII loll 1'1 III~L IJJ Ill $~ .•. 00 • L hany c~ J U w nrdtiHj r.u ··e t ll u J ~-"f I J.n ed . lflt> M O l 101 1Jd 55 U. fo r)lP .,. ,, t hP f\',_.t,r t 'c.l t 1 O f t j •'"'II ' e r t t.,l(.l J l IV IJ~t' ll tl r Cl!M e n l • pu !.,)_.IP J uut t o t hf"' t~MMI ::>h J t)li .. u tfP F 11r n M p d t lt. f"fJ M'I Y t:o n I J I U H · t •• u ~.t lh t r ,..., r ca t 1 0 11 c.;c:•nl ... r .at n o L-U 5 l i u l f tt·M . I I OJ , I ed l •• .> }f l ll tl d t,.t l.U<.•~l ,H I cJ!1 l U Wheth , ... l tll th)t r t ~h u u l d h e .. t 11 P l'e f l o i.,IL•tlltv ~~• fl 1e P c..lf ,.•ul ~:, n f t l tf'"' • I • • • • • - tt d nn,l f l n o t l t nt tJ,, •. t a11h 1tl , '-'•ttl P rl l t>-i •t 5 . fO MM l SS J f.1 1lCI~ h\ I ht l 'at I· •, <Jncl 1</e c • <>d tJ 011 0 €'par I M f'n l for h1 gh school aye youth J1 I f 1_,\J • H1t~r c o r1 5 1dera bl e da c u &b t on con ce rn1ng rental cos t s t h t: t>lll t •t • I unnJ 5 S <u neo S ·ho o •d t:o nacle a n ot1on . 2 nd by LOI.,M I S S l UilPr All t!n , H IIH n k FCOI'Itlf.HDfHl.OH DE tiRO£ THAT rHE fOI LOIJlHG AIUHllrlFHT !'i DE tiRO£ ro lHf r RClLI'IV USE RGREE.I'IEHT FOR l HE' f HGU.UOOII RU:Rt:RI IUH f:E.HH:I~: H . PRt.l HO tt-RLSJO£Hl POIII R£HTRL RRT£!> LIII_L OF $30.00 . $111 .UO . llHO S ~o_.tm P F R IIOLIR . IL PIIGI 'Z. lTEM 2 -CIIIIHGF Ill lll:ttl.l , JH Pfll!l. "OIIfiftHIZFO t:HV llt:TJUHV OR 1.11 V Sf'OHSORHI PRIIGI!Ili1. m~ ~~1_£~!111!} ~!fOOL ~PI.!H S II~r{!_ P..R!lG!Wt! .•• • llfiHhf-I II Rr 1111 "YOIJJ II GROUPS <liHUE R 1 8 YHUt<i 01 II > 1111 !> I llhJI tH I Rlli I I CllllPl'ROHr Pr R F UIRV 17 YO U IllS .·· Ho l p: fltltl tJ word1ng or f hun t-~. 1n u o r t.hng r c underl1n d. I h e Moi 1 tJn P o.: a·.~ d. Un de-1 r:u MM 1 :.... 1 o,.t"", l u _n t • ( u n,.,1 5 .:..1 ut•t=-r Bra d s h a w & a ed s he hct !:> 1 f-"t t '"l\..•P d d f • t J tt·•· • t•Ml-JJ .. u 11f L Uft C C"r Ill Ill} t lu·• uv er t..ru....,d d tht• pt o fl lr-11 nt ut (h.J ... t d IC'f H f c tf t !H lit f tt llt:·f LOMMl 5!'~~1JII Mt:>t •fln(l ( OMMl ~~,JtJit('r 1 ~1 of hc..JI..I t.J,.J.;.t•d ca i HIU f 1ht po .:,:::-,1h 1 f1 ty fit t '1 11 11J d runnLtHJ lf •' d • tit• ''"""" t t-'ntJ U i l 4 tO l t•r in 1 IH-up J e Jltt r-•t t•5 t t"J f.Jirl 1 • 111 tP.Jnq t t ..... l tt t Ck •HnJ 11u l .t hy i ,ffl .. r J •rl t t ut l h t t t n t~t ., • I • • • • u,, ,.,,,, C£"1\l ..:·t 0\r•~• i11J ··t.~n l:ftl ll nt·cJ a 11tJ I e J.j OI l back at th e n ex t M ee"l.J.ny. L~nda Wilk s. Record~ng Sec retary I . • • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION October 1, 1985 I. CALL TO ORDER. 9 The Special meeting of the City Planning and Zoning Commission was called to order by Chairman Steel at 7:00 p.m. Members present: Members absent: Also present: Barbre, Beier, Carson, Magnuson, Gourdin, Mesa, Allen, Steel. McBrayer. Dorothy A. Romans, Assistant Director of Community Development- Planning. Chairman Steel declared a quorum of the Commission in attendance. II. APPROVAL OF THE MINUTES. Chairman Steel stated that the Minutes of September 17, 1985, were to be considered for approval . Carson moved: Allen seconded: The Minutes of September 17, 1985 be approved as written. AYES: NAYS: ABSTAIN: ABSENT: Barbre, Beier, Carson, Mesa, Allen, Steel. None. Magnuson, Gourdin. McBrayer. III . APPROVAL OF FINDINGS OF FACT. PLANNED DEVELOPMENT THE MARKS. Carson moved: CASE NUMBER 25-85 Barbre seconded: The Findings of Fact for Case Number 25 -85 be approved as written. AYES : NAYS: ABSTAIN: ABSENT: Barbre, Beier, Carson, Mesa, Allen, Steel. None. Magnuson, Gourdin. McBrayer . IV . ADJOURNHENT. The Special Meeting of the Planning Commission adjourned at 7:10 p.m. Sheryl Rousses, Rec ording Secretary • I • -• • - 9 BY AUTHORITY ORDINAN:E 00. (p J SERIES OF 198_5_ COUNCIL BILL 00. 67 INTRODOCED BY CC>UOCIL MEMBER BILO AN ORDINAN:E APPROVING AN EASEMENT FOR THE EN::ROACiflENT OF A PORTION OF A MASONRY BUUDING AT EAST NASSAU AVENUE AND BROA!:MAY, 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 County, was constructed one foot beyond the south property line, encroaching in the public right-of-way; and WHEREAS, there is no practical ~~ey of ranoving the encroach- ing JX>rtion of the wall without causing the property owner to go to considerable expense and inconvenience; and WHEREAS, the encroachnent was not noted by the City inspec- tors at the time the construction ~~es taking place; and WHEREAS, by the grant of an easement, the matter will be settled to the satisfaction of all parties concerned; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF mi!:.EWOOD, COLORADO, that: Section 1. There is hereby approved an exclusive easanent over and across that jX)rtion of East Nassau Avenue directly south of Lot 24, Block 8, Broadway Heights, Arapahoe County, Colorado, to acccmnodate the encroadrnent of that JX>rtion of the existing building known as 3998 SOuth Broad~~ey which is located UJX>n the within said easement . A copy of said easement is attached hereto and incorjX)rated herein by reference. Section 2. The Mayor and ex officio City Clerk-Treasurer are hereby authorized to sign and attest, respectively, said easanent for and on behalf of the City Counc i l and the City of Englewood. Introduced, read in full, and passed on first reading on the 7th day of October, 1985. I . - • • • • Published as a Bill for an Ordinance on the 9th day of October, 1985. Read by title and passed on final reading on the 21st day of October, 1985. Published by title as Ordinance No. __ , the 23rd day of October, 1985. Series of 1985, on Attest: Eugene L. otis, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Fn]lewood, 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 I • • • • - FASEMENT AGREEMENT '!'HIS AGREEMENT, mcde this day of , 1985 by and between the CITY OF ENGLEWOOD, COLORAOO, a munic1pal corporation, hereinafter referred to as "C ity ," arrl OONALD D. RIPPEN , hereinafter referrw to as "Grantee," the owner of certain real property legally described as Lots 23 and 24, Block 8, Brocdway Heights, County of Arapahoe, State of Colorado, also known as 3998 South Broadway. WHERFAS, the above described property has upon it a one-story masonry building which does now and has since 1977 encroachE:rl upon property belonging to the City, specifically the dedicated right- of-way known as East Nassau Avenue as described on the attached survey da t ed September 13, 1985 by Colorado Engineering & SUrveying Inc.; and WHERFAS, the parties to this Agreement desire to forego l egal proceedings to quiet title to said encroachment; NOW, 'll-IEREFORE, the parties agree as follows: 1. The City hereby grants to Grantee, his heirs, successors arrl 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 accatrnodate the encroachment of the existing building known as 3998 s. Broad~oay upon the dedicated right-of-way of East Nassau Avenue, legally descr i bed as : Beginning at the Southwesterly corner of Lot 24, Block 8, South Broadway Heights, County of Arapahoe, State of Co l orado; thence Easterly and along the Southerly line of said Lot 24, 61.76 feet to the face of the existing building, said po int being the true Po int of Beginni ng; thence Southerly and along the Westerly face of said existing building 0 .99 feet to the Southerly face of said existing building; thence Easte rly and along the Southerly face of said existing building, 30 .72 feet to the Easterly face of said existing building; thence Northerly a nd 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 Lot 24 , 30.72 feet to the True Point of Beginning, County of Arapahoe, State of Colorado. 2 . The within easement shall endure for so long as the existing building and/or the south ~oall thereof ranain located within the said easement. Should that port ion of the building ever I • • • • • - be damaged , ranodeled , or ranoved, the easement shall be terminated and no longer shall Grantee use sa i d easanent; and Gr antee shall convey easanent to the City by quit claim deed. 3. Grantee shall mainta i n insurance coverage sufficient to sati sfy any liability arising as a result of this easanent, and the City shall be held harmless from any and all liabilities arising fr om this acti on. 4. 'Ibis ~reanent shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of the respective parties hereto. 5. 'Ibis ~reanent shall be void upon use of the above described property without compliance with the requ i ranents of Council Bill No. 50.1, Series of 1985, as if said requ iranen ts were effective on October 7, 1985. IN WI TNESS WliEREXlF, the parties have hereunto set their hands and seals as of the day and year first above written. CITY OF ENGLa-JOOD, COLORAOO Attest: ~~~---:~~--~------Eugene L. 0t1s, Mayor ex off1c1o C1ty Clerk-Treasurer GRANTEE: Donald D. Rippen STATE OF COLORAOO COUNTY OF ARAPAHOE ss. Acknowledged before me by &lgene L. Otis as Mayor and Gary R. Higbee as ex officio City Clerk-Treasurer of the City of Englewood, Colorado , this __ day of , 1985 . My COmmission expires: Notary Publ1c 3400 s. Elati, Eng lewood , CO • I • • • • • • STATE OF COLORADO COUNTY OF ARAPAHOE ss. Acknowledged before me by Donald D. Rippen thi s ----------' 1985. ~ Commission expires: Notary PUbhc Address: • day of I • • r • ORDINAN::E 00. h-4- SERIES OF 198S- • • • BY AIJI'HORITY COUNCIL BILL 00. 69 INTROOOCED BY COUOCIL MfMBER \QBEJDA AN ORDINAN::E AMENDING TITLE 8, OiAPI'ER 2E, SEX::TION 5 OF THE 1985 fl'G.f)olOOD MUNICIPAL CODE, AS AMENDED, 'ro PROHIBIT THE USE OF DAR'n10UTH, OXFORD, OOIOCY AND BELLEVIE)ol AS ROIJI'ES FOR VEHICLES TRANSPORTING EXPLOSIVES AND BrASTING AGENTS, HAZAR[X)lJS OID1ICALS, OR orHER DMGEROUS ARTICLES, AND RESTRICTING HOURS ON U.S. HIGiWAY 285. WHEREAS, because of the possibility of a very hazardous situation being created within the City of Englewood which would threaten the hea lth, safety and lives of the publ i c if there were an incident involving hazardous materials; and WHEREAS, the City should take soch 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 soch as in the vicinity of the central business district and Cinderella City; NOW, THEREFORE, BE IT ORD.\INED BY THE CITY COUOCIL OF THE CITY OF Fl'G.El'IOOD, COLORADO, that: Section 1. Title 8, Chapter 2E, Section 5B, of the 1985 Englewood l'l.Jnicipal Code be and hereby is cmendoo as follows: 8-2E-5: ESTABLIS!fiENT OF ~R VEHICLE ro~Jl'ES B. Vehicles Transporting Hazardous Olemicals or other Dangerous Articles . The routes referroo to in section 77.302(1) 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 . Highway 285; EXCLUSIVELY BETWEEN THE HOURS COMMENCING AT 10:00 P.M. AND ENDING AT 6:00 A.M. 3. ea~~Rt 4 . QlieEtit 5. ~i-Reyt 6 . 8eUeYiew. Introdoce:3, read in full, amended, and passed as emended on the 7th day of October, 1985 • I • • - • • • • Published as a Bill for an Ordinance on the 9th day of October, 1985. Read by title and passed on final reading on the 21st day of October, 1985. Published by title as Ordinance No. , Series of 1985, on the 23rd day of October, 1985. -- Attest: :rugene L. Otls, Mayor ex off1c1o City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the Ordinance passed on final reading and published by title as Ordinance No. __ , Series of 1985. Gary R. H1gbE!e -2- • I . - • • ,....-/ ORD I NAOC E 00. b:J SER IES OF 198-5- • • • BY AUTHORITY A BILL FOR <Xll!OCIL BILL NO. 73 INTRODOCED BY CO!Jt'CIL MEMBER V anDyke AN ORDINAOCE APPROVING TRAILS CONTRACT AMENDMENr BE'IWEEN THE CITY OF ENQ.EWOOD AND THE STATE OF COLORAOO ACTING BY AND THROUGi THE DEPAR'IMmi' OF NATURAL lill30URCES FOR THE USE AND BEM:FIT OF THE DIVISION OF PARKS AND OUTOOOR REX::RFATION TO CONTINUE THE ~E~Y TRAIL SYSTE:-1. WHERFAS, the parties previously entered into a contract dated August 28, 1984 (Fund No. 4001, GIL A=ount No. 51377, Contract Encunbrance No. Cl68308, Contract Routing No. 85061); and WHERFAS, it has been determined, in conjunction with SOuth SUburban Metropolitan Recreation and Park District, that a bridge is needed across the SOuth Platte River in order to provide the public with a continuous trail on the Greenway Trail System; and WHERFAS, the State agrees with the assessnent of the City of Englewood and SOuth SUburban Metropolitan Recreation and Park Di strict and to cost share in the construction of the bridge over the SOuth Platte River; OOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN.::IL OF THE CITY OF ENQ.EW(X)(), COLORAOO, that: section 1. 'rtle Trails Contract Jmendment between the City of Eng l ewood and the State of Colorado acting by and through the Department of Natur a l Resourc es for the use and bene f i t of the Division of Pa rks a nd ()Jtdoo r Rec reation , a copy of loil i ch i s attached her eto and incorpora ted her ein by reference , i s hereby approved . section 2 . The Mayo r and ex officio City Clerk-Tr easurer are hereby authorned to sign and attest said contract for and on behalf of City Council and the City of Englewood . Introduced , read in fu ll , and passed on first reading on the 7th day of October , 1985 . I • • - ~I • • • • Published as a Bill for an Ordinance on the 9th day of October, 1985. Read by title and passed on final reading on the 21st day of October, 1985. Published by title as Ordinance No. the 23rd day of October, 1985. Attest: ex offic1o city Clerk-Treasurer __ , Series of 1985, on Ellgene L. Otls, Mayor I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of fl'lglewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the Ordinance passed on final reading and published by title as ordinance No. __ , Series of 1985. Gary R. H1gbee • I • \ • • • - Aaency 34-12-00 Control No. C/L No. 513:::-::zc::cz--- TRAILS CONTRACT AKEIIDH£NT Thia Contract "-ndoaent oude thia day of , I9_§1_, by and between the State of Colorado act inc by and throuah the Depart-at of Natural l.eaourcea for the uae and benef i t of the Di viaion of Parka and Outdoor Recreation, hereinafter referred to •• the State , and City gC £nglewppd herinafter referred to aa the Contractor . WKEu:AS, the partiea pre•iouely entered ioto a contract dated the 28th day of Au gy s t , 19_1L, havi na Fund No. 4001 , C/L Acco;nt llo. )I 377 , Contract EncuiObunce No. Cl 68308 , aod Contract lout inc llo. 850GJ , a copy of vhich ia attached hereto and iocorporated herein bJ' reference •• EKhibit A; aod VH.!UA.S, the contractor in the perfora.nce of ita contract haa deterwined that not all projecto funda will be expanded to c-plate the project; and WH£R£AS, the intent of the project ia to provide the public vith a continuoue trail alona and if oeed be over the South Platte liwer, and WHEkEAS, the contractor in conjunction with South Suburban Metropolitan Recreation and Park Diatrict haa aareed that a bridce ia needed to e:ro11 the South Platte liver in order to continue the Creenvay Trail Syatea; and WIIERU.S, the State a&reet vith the aueuoaent of the contractor and South Suburb•n Metropolitan Recreation and Park Di1tric:t; and WHEREAS. the South Suburban Metropolitan Recreation and Park Diatrict and the Contractor have aareed that if the contractor va1 peraitted by the atate to coat 1hare in the conatruction of a bridae over the South Platte liver they would do 10 and WKEM.£AS. the State ha1 no objection to the joint anterpr-i&e and find• it conaiatant vith the ori&ioal project purpoae. Now therefore. it ia hereby aareed thet the contract vbich ia herein before referenced aa Exhibit A ohall be ... nded u follovo: 1. Under "Project Scope" add, 11The project will further provide for coat aharin& of prefabricated oteel bridce approxi .. tely 2ZS feet lone X I feet vidt: over the South Platte River near liaapden Avenue with the South Suburban Metropolitan le:creation and Park Oi1trict." 2. Jo all other reopacu the contract ohall r-ill the •-· Ill WITNESS WIIEU:OF, the part iea hereto have eucutd thia Aaree .. ot oe the llllay fit·at above written. X Contractor------------- Poeition -------------- Soc i al Securi ty Nu•ber or E.ployer 10 STATE OF COLOUDO liCIIARD D. l.AieC, OOVEIIIOI ~~~~~~~---------laecu.tlYe D1ractor DEPAITIIENT ~-------------------------- APPIOVALS ATTORNIY GEN ERAL --------------CONTIOLL!I. ____________ _ ly ____________________________ ly ________________________ __ Diviaion of Parke and Outdoor llecreation ly~ "''«CCr I • - • ORDINAOCE 00. {p (o SERIES OF 198_5_ • • • BY Al1I'HORITY cxmciL BILL 00. 74 INTRODOCED BY COUNCIL MEMBER BILO AN ORDINAOCE FIXING 'mE TAX LEVY IN MILLS UPON EACH DOLLAR OF 'mE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN 'mE CITY CF ENGLEWOOD, (l)LORADO, FOR 'mE YEAR 1986 AND ESTABLISHING A MILL LEVY FOR 'mE ENGLEW<X>D, COLORADO, ~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 year 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, 'niEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 'mE CITY OF ENGLEW<X>D, COLORADO, as follows: Sect i on 1. 'nlat 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 Eng l ewood, Colorado, and 2.496 mil l s on the dolla r for the Debt Service Fund of the City of Eng l ewood, Colorado. That the levy hereinabove set forth s hall be levied upon each dollar of the assessed valuation of all taxable property within the corporate limits of the City of Englewood, Colorado, and the said levy s hall be certified as required by law . ~~on 2. That under the authority of Part 8, Ar ticle 25 , Title 31 , of the Colorado Revised Statutes, 1973 , as amended, there be and hereby is levied for the year 1985 , due and payable as required by law in 1986, a tax of 5 .000 mills on the dollar for the use and benefit of the Englewood Colorado Downtown Developnent Authority . That the levy hereinabove set forth shall be levied upon each dollar of the assessed valuation of all taxable property within the Engleo..ood Colora..lo Downtown Developnent District , and the said levy shall be certified as required by law . Introduced , read in full , and passed on first reading on the 7th day of October, 1985. • I • • • • • Published as a Bill for an Ordinance on the 9th day of October, 1985. Read by title and passed on final reading on the 21st day of October, 1985. Published by title as Ordinance No. Series of 1985, on the 23rd day of October, 1985 . Attest: Ellgene L. Otis, Mayor ex offic1o C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the Ordinance passed on final reading and p.lblished by title as Ordinance No. __ , Series of 1985. Gary R. Higbee 2 • -. I • • • ORDINAOCE 00. SERIES OP 198_5_ • • • BY AUTHORITY C::OUOCIL BILL 00. 74 INTROOOCED BY COUOCIL MEMBER BILO AN ORDINAOCE FIXING THE TAX LEVY IN MILLS UPON FACH OOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, <X>LORAOO, FOR THE YEAR 1986 AND ESTABLISHING A MILL LEW FOR THE ENGLEWOOD I <X>LORAOO I IXMNTOWN 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 year 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; NCM, THEREFORE, BE IT ORDAINED BY THE CITY COUOCIL OF THE CITY OF ENGLEWOOD, <X>LORAOO, as follows: Section 1. 'Itlat 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. 'Itlat the levy hereinabove set forth shall be levied upon each dollar of the assessed valuation of all taxable property within the corporate limits of the City of Englewood, Colorado, and the said levy shall be certified as required by law . Sect~~· 'Itlat under the authority of Part 8, Article 25, Title 31, of the Colorado Revised Statutes, 1973, as amended, there be and hereby is levied for the year 1985, due and payable as required by law in 1986, a tax of 5.000 mills on the dollar for the use and benefit of the Englewood Colorado Downtown Development Authority. That the levy hereinabove set forth shall be levied upon each dollar of the assessed valuation of all taxable property within the Englewood Colorado Downtown Development District , and the said levy shall be certified as required by law. Introduced, read in full, and passed on first reading on the 7th day of October, 1985. • I • • - • • • • Published as a Bill for an Ordinance on the 9th day of October, 1985. Read by title and passed on final reading on the 21st day of October, 1985. Published by title as ordinance No. , Series of 1985, on the 23rd day of October, 1985. -- Attest: E)Jgene L. Otis, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the ordinance passed on final reading and p.Jblished by title as ordinance No. __ , Series of 1985. Gary R. Higbee 2 • ~. i I . • C 0 U N C I L DATE o ctober 11, 1985 • • • C 0 M M U N I C A T I 0 N AGENDA ITEM Agreement with Urban Drainage SUBJECT & Flood Control District on Little Dry Creek INITIATED BY pirector of Engineering Seryices ACT I ON PROPOSED Aporoval of amendment to agreement regarding Little Dry Creek with Urban prainage & Flood Control District (UDFCD) BACKGROUND The Urban Drainage & Flood Control District has participated in many of Englewood's flood plain studies and construction projects. In 1983 when we began construction of the high school detention facility, they provided $950,000 toward this effort. Last year, they were able to continue funding with $250,000. In 1985, the District has budgeted $115,000 plus accumulated interest to help con- struct Little Dry Creek from Broadway to Clarkson Street. We requested funds again for 1986; however, the District is unable to guarantee additional funding until 1989 in the amount of $300,000. RECOMMENDATI ON Th e Urban Drainage & Flood Control District has amended the 1983 agreem~nt to help fund Little Dry Creek from Clarkson to Broadway in the amount of $115,000 plus accumulated interest in 1985. It is recommended that City Council approve the bill for ordinance to accept these funds. • I • • • ORDINMCE 00. SERIES OF 198_5_ • • • BY Al1l'HORITY A BILL FOR COON:::IL BILL 00. 76 INTROOOC~ ~IL MEMBER~/~"-=~=-- AN ORDINMCE APPROVING AN AMEI01mr '1'0 AGU»>ENr 00. 83-Q3.09 BE'IWEEN niE CITY OF ~ AND URBAN IEAINAGE At«> FtJJ0D CXlm'ROL DISTRICT Rmo\RDING LI'M'LE DRY CREEK (ARAI'CO) CONS'l'ROCTION CF AND ACQUISITION CF RIGiT-oF-wAY lMPROVEMm'rs. WHERE.~, the City of &lglewood (City) and urban Drainage and Flood Control District (District) entered into Agreement No. 83-03.09 dated June 27, 1983 and amended August 29, 1984 for construction of and acquisition of right-of-way imirovements for drainage and flood control facilities on Little Dry creek; and WHEREAS, District adopted at a public hearing a Five-Year Capital Improvement Progr~m~ for drainage and flood control facilities in which additional funds of $115,000 are available for District's share for right-of-way acquisition and construction of improvements on Little Dry creek (ARAI'CO) fran Santa Fe Drive to Clarkson Street; and WHEREAS, District Board has authorized additional District financial participation for these imirovements; fOol, THEREFORE, BE IT OR!li\INID BY niE CITY COON:::IL CF niE CITY CF DG.Fli(X)(), CXX.ORAOO, THAT: section 1. llnelllinent to the agreement with urban Drainage and Flood Control District entitled "llneninent to Agreement Regarding Little Dry creek (ARAI'CO) Construction of and Acquisition of Right-of-Way for Improvements (Agreement No. 83-Q3.09B)" is hereby approved. A copy of said Agreement is attached hereto and incorporated herein by reference. section 2. '!he Mayor and ex officio City Clerk-Treasurer are hereby authonzed to sign and attest on behalf of City Council and the City of Englewood. Introduced, read in full, and passed on first reading on the 21st day of October, 1985. 1 I . • • • • • Published as a Bill for an Ordinance on the 23rd day of October, 1985. Attest: Eugene L. otis, Mayor ex officio C1ty Clerk-Treasurer I, G!ry R. Higbee, ex officio City Clerk-Treasurer of the City of Dlg1ewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of a Bill for an Ordinance, introd!Xed, read in full, and passed on first reading on the 21st day of October, 1985. Gary R. Higbee 2 r [ I • • • • • AMENil'IENT TO AGREEMENT REGARDING LITTLE DRY CREEK (ARAPCO) CONSTRUCTION OF AND ACQUISIT ION OF RIGHT-OF-WA Y FOR IMPROVEMENTS (Agr-nt No. 83-03.098) THIS AGREEMEN , 011de this------day of --------• 1985, by and between the URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called 'DISTRICT') and the CITY OF ENGLEWOOD (hereinafter called 'CITY'); WITNESSETH : WHEREAS, DISTRICT and CITY entered into 'Agree.nt Regarding Little Dry Creek (ARAPCO) Construction of and Acquisition of Right-of-Way for llnprovetnents" (Agreement No. 83-0J.Dg) dated June 27, 1983 and a~nended August 29, 1984; and WHEREAS, DISTRICT has adopted at a public hearing a Five-Year Capital lqlrovement Progr11111 (Resolution No. 53, Series of 1984) for drainage and flood control facilities in IOI!ich additional $115,000 in funds for right-of-w.y acquisition and construction of improve~nents on Little Dry Creek (ARAPCD) fr011 Santa Fe Drive to Clarkson Street are included therein; and WHEREAS, DISTRICT has heretofore adopted a Special Revenue Fund Budget for Calendar Year 1985 subsequent to public hearing (Resolution No . 46, Series of 19B4) in which additional funds are available for the DISTRICT's share of right-of-way and construction costs; and WHEREAS, DISTRICT Board has ·authorized additional DISTRICT financial participation for acquisition of right-of-way and construction of iaoprovements on Little Dry Creek (ARAPCO) from Broadway to Clarkson Street (Resolution No. 13, Series of 1985). NOW, THEREFORE, in consideration of the initial promises contained herein, the Parties agree as follows: I. Paragraph 7 (First paragraph) is deleted in its entirety and replaced with : "7. ALLOCATION OF COSTS AND FINANCIAL COMUTMENTS OF DISTRICT AND CITY Based on estimated pro j ect costs of $4,300,000, DISTRICT shall contribute $1,265,000 plus any accu~~Jla ted interest and CITY shall contribute $3,035,000 plus any accumulated interest. If total project costs are less than $2,530,000 plus any accUIIllhted • I • • n - • • • • interest then total project costs shall be shared on a 50-50 basis by each Party. If total pro ject costs exceed $2,530,000, DISTRICT's share shall be $1,265,000 plus any accUIIIUlated interest earned on the District funds but not so the DISTRICT's share exceeds 50:1: of the total project costs. DISTRICT contributions may be allocated to either or both right-of-way and construction as defined herein in any proportions up to a ~~axi contribution of $1,265,000 plus any acc.-lated interest. Procedures and PIYIN!nt for right-of-Wiy and construction are defined in the remainder of Section 7. 2. Paragraph 7.2.3.5 is amended by deleting "51,150,000" in the seventh 1 ine and replacing with "$1,265,000 plus any acc.-hted interest•. 3. All other terms and conditions of AgreeRnt 83-03 .09 ,._in unchanged. WHEREFORE, the parties hereto have caused this instr-nt to be executed by properly authorized signatures as of the date and year above written . (SEAL) ATTEST : Cptit~A. ~ (SE AL) ATTEST: THE URBAN DRAI NA&E AND FLOOD CONTROl DISTRICT Tit 1 e __ E:!x~e~c::_ut~i!:!v~e-"D~i~rec=t~o~r __ _ Date _---1./:...!::t>:.L/.t..l 5"~/~tcl...)..L._ __ CITY OF ENGLEWOOD By __________________ ___ Title ------------------ Date------------ I • • ( • • • .. • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM October 16. 1985 lib SUBJECT Recreation Cent.er Use Rgre~ent INITIATED BY The Englewood Parks and Recreation C~ission ACTION PROPOSED To e s tablish a rental schedule and a set of puide- lines to regulate fpc i lity usage by outside groups at the f"nnl .. u:nnrl llP..,rPAtinn Center Introduchon In response to nu"crous requests by Englewood and non -Englewood groups. and in keeping with the established practice of renting available space for revenue by other recreation agencies with c ente r s. the Parks and Recreat i on Ocpert"cnt hos developed gu~dclincs and proposed fees so that facility usage "ay be re g ulat e d. Bac kground The Englewood Recreation Center is o new facility thot hos been op e n to the publ1c since March 11 . 1985. It wos decided ot that t1M e to wait until City needs for the fac i lity hod been d e t e rMined ond da i ly prograM schedules established before a llow i ng ony usc of the center by out s ide groups . The Malley Sen1or Center ha s hod o fac i lity use agr ec"cnt since 1978 wh ich al lows out s 1de groups to rent the facility when it is not being use d by the City. Therefore. it is be i ng rec~cndcd that the recrea t i on center establish a set of guidelines si"ilor to Malley Center •s s o that requests to rent the center con be controlled and a new so u r ce of revenue to the City can be established. r.~ n~npal If a foc1 l ity us e ogrc~ent is established ond the center is rented to outs1dc groups when it is available. it is csti"ated thol an add1 t 1 onal $2 .000 in revenue con be generated in 1986. ReMa rks lh Englewoo d Parks ond Recreation Co""ission discussed the proposed f ac 1l i ty u s e ogrce"cnt ot their "ccting of SepteMber 12. 1985. CoMM 1 S si oner Schroeder "o d e o "otion. second e d by CoMM1ss 1 oner Allen. THAT R REConftEHORTlOH BE nRDE THAT TH£ ~O LL OUI H G RnEHDnEHTS BL ftHDE TO THE FACILITY USE RGR£Eft£NT FOR l Hf EHGLEUOOO RECREATION CENT ER: • I • • - • • • • • R • PRGE 1 -NOH -RESIDENT POOL REHTRL RRTES UILL BE S30 .00. S10 .00. RHll ~ PER HOUR. B. PRGE z. ITEn Z-CHANGE TO RERD. IN PRRT. -oRGANIZED CITY RCTIUITY DR CITY SPONSORED PROGRRn. OR EHGLEUOOD SCHOOL SPOHSQREO PROGRRII • •• C. PRGE z. ITEn 15 -CHRHGE TO RERO -youTH GROUPS <UHOER 1B YERRS OLD> nu5T HRUE ONE tmULT CHRPEROHE PER BJERY 1Z YOUTHS.- See etteched fecility Use Agre~ent which includes eboue changes. Reconnendotion To edopt the proposed Recreetion Center ~ecility usege policy with eMen~ents es proposed by the Perks end Recreetion CoMMission. ----------------------------------------------------------- SUGGESTED ACTION: MOVED BY ______________________________ __ SECO ND ________________________________ __ YES _____________ ,NO ____________ _rBSENT ______________________ __ , I • • ( ( • • • • ENGU.VmD RECREATION <::ENn:R 762-ll68 FACll..IT'i USE AGREIHNl' Name of Organization/ Individual Facility: Contact Person: Date (s): Address: Day (s) Phone: Time: I of People The following guidelines have been established for the benefit of the fuglewood Recreation Department in regulating facility usage by outside groups. These guidelines uust be agreed upon before facility usage is granted. The Recreation Department reserves the right to cancel facility usage if the following ccnditions are not fulfilled. 1. Facility usage fees will be assessed as follows: Adult Activity Roan: Youth Activity Roan : MUlti-Purpose Roam : Kitchen: -; Fitness Roan : Gym: ~Gym: Pool : full Center: Resident Rate $10.00 per bJur 10.00 per hour 15.00 per bJur 10.00 per bJur 15.00 per bJur 40.00 per bJur 20.00 per bJur Non Resident Rate $15.00 per hrur 15.00 per bJur 20.00 per hrur 15.00 per hour 20.00 per bJur 50.00 per hrur 25.00 per hrur 30.00 per bJur 40.00 per bJur 25.00 per bJur -includes guard for 25 people. 31.00 per bJur -includes two guards for 50 people. 37.00 per bJur-includes so.oo per oour three guards for 75 people. 250.00 per bJur -available only 300.00 per bJur during non-tusiness blurs, exclusive use of the entire Center . To be eligible for Resident Rates one of the foll~ criteria uust be met : A. Organization or group uust operate or conduct tusiness fran within the City limits of Engle;.uod . B. Organization or group uust prove that over 50'1. of members are Engle;.uod Residents. C. Individuals wishing to rent the facility uust be Engle;.uod Residents and have an E"zlgle;.uod Parks and Recreation Photo I.D. Any portion of time over an hour will be charged an additional full hrur. (i.e. 2~ hours will be charged for 3 hrurs) • I . • ( ( • • .. - 2 . Rentals will be accepted only when that roan or facility is not being used for an organized City activity, City srxmsored, or Englewood School sponsored program. 3. No City programs or activities will be cancelled or moved for the purpose of a facility rental. 4. All Rentals are on a first cane, first served basis. 5. All organizations, entities, or individuals. will be charged at the established rates for exclusive (i.e. rental) use of the Center's facilities for any purpose. 6. Fifty percent of anticipated rental fee uust be paid ale week before the scheduled rental. Approximately ale week after the time of the rental, the organization or individual will be billed for the balance of their rental. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. Mini.rrun billing for use of a facility is one b:rur. Failure to show for a rental will result in the organization/individual being billed for the one hour minim..m. Facility uust be left clean after use. hl.y items brought in uust be remved. Anything that has been tooVed DIJSt be returned to original position. All lights m.JSt be turned off and doors to the roan locked. No food or drink is allowed in the gyonasiun or fitness roan. No SIIDking or alcoholic beverages are permitted. No equipnent may be left or stored at the facility unless pemli.sssion has been granted by the Recreation Deparonent. The Center is not responsible for any lost, stolen or damaged articles. No one will be adnitted into the roan until the supervisor (coordinator) of the activity arrives. nus coordinator is to be the last person to leave when the activity is over. The person in charge of the activity is responsible for the action and conduct of the participants during the activity. Youth groups (under 18 years old) DIJSt have ale aO.llt chaperon for every twelve youths. Activity of the participants uust be confined to the area that has been specifically rented. Notify Recreation Center personnel \tlen your progra:n has concluded. All Recreation Center rules and regulations uust be adhered to. No damage of any kind or description will be dane to any facility or any of its contents by any person or persons attending. !he undersigned persons will assune the responsibility for proper supervision of the usage of the property and be responsible for any danages . 20. The organization, through its duly autoorized agent, does hereby agree to indemify and hold hannless, the City of Englewood and its agents and anployees fran and against all claims, danages, losses and expenses, including reasonable attorney's fees in case it shall be necess·ary to file any action which is for bodily injury, illness or death, or for property damage including loss of any equipnent belonging to the above named organization while located on the premises of the City of Englewood Recreation Center . • I • • • • • Title Date Nelle Title Dilte Englewood Parks and Recreatioo Title Date I . • • • • - r-· (, • c 0 u N C I L C 0 M M U N I C A T I 0 N {' DATE AGENDA ITEM SUBJECT October 15. 1985 II~ £stablish Golf' Cr s. fees and Charges for 1986 INITIATED BY £nglewood Parks and Recreation C~ission ACTION PROPOSED Increase golf fees to be c~petitive with surrounding golf courses and provide adequate funds for proper Maintenance of the Municipal golf course. Introduction and Da~~g~gund [ach year the Englewood Golf Pro Makes a survey of golf fees and cherges of the neighboring golf courses to deterMine if the Englewood course needs to edjust their fees to be at narket level. The golf fee survey nade by Golf Pro Jerry King shows that sane increases in fees are needed. rinancu:~l The Englewood Golf Pro. Jerry King. estinates that his recoMMended fee increases would generate approxinately $11.000 for 1986. See attached MeMo with survey dated July 30. 1985. li:eM!::!rk:i The following chart shows the proposed changes in fees and charges for 1986. Golf Pro II. Oept. p II. R c~. City 1 qR<; r .... ,. Re: •ti nnf< n ~inn rnunri.l 9 Holes Res. 1.00 1.50 1.50 1.50 HR 5 .50 6.00 6.50 6,011 18 Holes Res. 6.75 7.50 6.75 7.50 9.00 10.00 ----10.00 Cart 9 7.00 8.00 8.00 ---- Car t 18 13.00 11.00 ----11.00 Senior 9 Holes 3.00 1.00 3.50 3.50 Senior 18 Hole s 'l.50 5.50 5.00 5.50 Ha te: Atteched is a resolution series of 1985 which incorporates ~11 the City Council changes plus a 9 hole cart fee 1ncrease of S1.00 which the OepartMent feels is necessary to sup port cart replaceMent in the future . • I • • n - • • • • TO : E. P . Romans, Director of Parks and Recreation FROM: Jerry King, Golf Professional DATE: July 30, 1985 SUBJECT: Golf Course Fee Survey and Proposal for 1985 Attached is a chart reflecting a survey of present fees at surrounding golf courses. Also Included Is the proposed Increase that could be established for 1986. After reviewing the budget which Indicated the need for an increase In fees or cutting of services and m.lntenance, I believe our fees can be revised upward and still remain competitive with other courses. If the play remains the same, this increase should generate about $44,000 In additional revenue. /lw I . • • - 0 PRESENT FEES AT SURROuNDING GOLF COURSES p ) ROPC:. E WEST FOR PLAY OVERLAND SOUTM SUB . RACCOON CR . FOOTHILLS MEADOWS ENGLEWOOD ENGLEWOOD 9 Holes 4.00 res. 4.00 res. 8.00 5.50 res. 5.50 res. 4.00 res. 4.50 res . 6 .00 N.R. 7.00 N.R. 7.50 N.R. 7.50 N.R . 5.50 N.R . 6.00 N.R . 18 Holes 7.00 res. 7. 50 res. 14.00 8.00 res. 8.00 res . 6 .75 res. 7 .50 res . 9.00 N.R. 11.00 N.R. 12.00 N.R. 12 .00 N.R . 9 .00 N.R. 10 .00 N.R. tart 9 6.00 7.00 9.00 9.00 9.00 8.00 8.00 Cart 18 12.00 14.00 15.00 15.00 15.00 13.00 14.00 Sr. 9 1.00 3.25 tt.oo lt .oo No Sr. 3.00 4.00 Jr-4.00 Sr. 18 2.00 5.50 7.00 6.00 No Sr. tt.5o 5 .50 Jr-6.00 Raise In .. Same Sarae (see next 1986 Yes Don't kn0111 Yes proposed proposed c:o 1 unrt) • • • ( I l. ( [ (, • • • • RESOLUTION 00. J ?? SERIES OF 1985 A RESOLUTION FSTABLISHING FEES AND CHARGES FOR ~ ENGL~OOD MUNICIPAL OOLF COURSE 'ro CXM-tEN::E JANUARY 1, 1986. BE IT RESOLVED BY THE CITY OXJICIL OF THE CITY OF ~000, COLORADO, AS FOL~: Section 1. Fees and Charges. Fees and charges to be made and collected by the Department of Parks and Recreation, payable in advance, for the use of the Englewood Municipal Golf Course shall be as follows: A. B. Golf Course Fees -Annual Go~f Membership Fees Weekda::i onl;:i Single Eanil;t of 2 Jldditional Resident $175 $300* $75* Senior Resident $150 $225* $75* Non-Resident $210* $350* $100* Sr. Non-Resident $185* $300* $100* Seven Da;:i Pla::i Resident $250 $400* $100* Non-Resident $300* $500* $150* *Available for renewal only; no new manberships in these categories shall be authorized. Member In addition to the above annual fee, a charge of $.25 for each nine played shall be paid on the day of play. For purposes of charging annual fees, the following definitions shall apply: Senior-62 years of age and over. Resident -Persons 1otlo reside in the corporate boundaries of Englewood or Sheridan. Jldditional Members -!'list be under 18 years of age, living wi th parent(s) or guardian, and additional fees must be in the same category as the adult. Dail::i Green Fees 9 Hole 18 Hole Green Fees $4.50 $7.50 Non-Resident Fee $6.00 '10.00 Senior Resident Fee $3.50 $5.50 (weekday only) Seniors must be 62 years of age or older. 1 • I • • n (, • c. D. E. F. G. • • - Cart Fees 9 Hole 18 Hole Carts $8.00 $14.00 LOcker Fees Yearly -$45 Jlt)nthly -$7 Daily -$1 Tournament Fees weekend -$22 per person. weekday -$18 per person. Lea~ue Fees $20 per person Resident Junior Pr~ram $20 per month for July, July or August $50 per month for the three-month per iod of June through August (Play restricted to walk-on basis -10:30 a.m. to 2:30 p.m. week days only. 1ot1en accaupanied by a parent, a junior may play dur ing all hours of operation) Resident Junior - a resident \oho has not r hed 1 years of age and has canpleted a class in basic golf, f~ tals, golf regulations, and golf etiquette as pr:ovided by the Recreation Departinent. 'n'lis requiranent can be 1ved by the Golf Pro if, in his opinion, after observation , the youth possesses these fundamental skills and training. In skills and training. In addition to the above j~Z"~ior fee, a charge of $.25 for each nine played shall be paid on the day of play. Section 2. The charges and fees contained in this Resolution shall be effective January 1, 1986. ADOPI'ED AND APPROVED this 21st day of October, 1985. Attest: Eugene L. OtlS, Mayor ex officio City Clerk-Treasurer 2 • [ [ I • • [ • • • .. • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of Resolution No . , Series of 1985 . -- Gary R. Higbee 3 • I • • ....... \ • • • .. C 0 U N C I L C 0 M M U N I C A T I 0 N AGENDA ITEM lid SUBJECT Recreation Progr~ fee Increases DATE October 11. 1985 INITIATED BY The Englewood Parka a Recreation C~iaaion ACTION PR OPOSED To raise fees for specific recreation progr~a for 1986 as listed in the attached "eno dated Septenber 23. 1985. Introduction -In response to the City Manager and City Council"s request that the Parks end Recreation Depart"ent look at the possi bility of increasing deper~ent revenues for 1986. the Recreation steff has surveyed other recreation agencies and has found that soMe of the fees could be raised to be at ~rket level uith other agencies. Backaround -The Parks end Recreation Oepar~ent now follows the pol tcy of recovering e "ini """ of 25X of direct costa for youth prograMs end 100X of direct costa for adult progr~a. Exceptions to this policy ere the Malley Senior Center. Nature Center. Playground prograMs. Belleview far"· special events. Old Ti"era Ba s eball prograM. end Jr.~Sr. ~ericen sports. This policy was adopted by the departMent end approved by City Council in 1981. financial -If the fees are increased a s rec~ended in the attached Me Mo dated SepteMber 23. 1985. the total realized revenue uould be an additional estiMated a "" of a23 .669.00 • • I • • • - • .. • Re M§rk s -At th~ir r e gular Monthly M~~ting on Octob~r 10. 1985. t h~ Engl~~ood Parks and R~cr~ation C~ission discussed at great length the pros and cons of increasing the recreation progr~ enr ollMent fee s for 1986 and also began discussion for reco""endi ng an overall policy on charging recreation fees that ~ill not use the base of percent -recovery of expenses. As a result of this discussion. Connisaigner Allen nade a not i on s econded bv Connissioner Schrgeder TO MAKE A RECQMMEHDRIIOH TO CITY COUNCIL THAI THE SPECIFIC RECREATION PROGRAM FEE IHCRERSES [OR 1986 BE AQDPTEQ AS OUILIHEQ BY SIB[[ IN TH E MEMO PRIED SEPTEMBER 23 1985 <see neno attached). HQUEUER TH E PARAGRAPH UIIH REGARQ TO THE SHQUAGOH SHALL BE EKCLUQEQ [ROM THIS RECQMMEHQBIIOH. The notion passed. Th ~ Connission. as requested by City Council. is now revi ew i ng en ove rall policy for the charging of fees for recrea t i on p r ogr~s and will nake a reconnendation to City Counci l i n the near future. SUGGESTED ACT ION: • I • MOVED BY ______________________________ __ SEC OND ______________________________________ __ • YES ______________ ,NO ______________ nAB SENT ________________________ I ~---------------------------~ • • - • • • • MEMORANDUM TO: FROM: Packy Romans, Director ot Parks and Recreation Andy McCown, City Manager DATE: October 2, 1985 SUBJECT: FEES AT RBCRBATIOH CBHTBR The City Council, after discussion at the recent budget retreat has directed that all permanent, full-tiae employees of the City of Englewood be allowed to pay resident fees for use of the Recreation Center. The fees include only the basic entrance fees to the Center and not for any other recreation programs that happen to be held at the Center. The fees include the following categories: Center Admission Sports Admission Aquatics Admission Racquetball Court This policy is to go into effect immediately. In order to qualify, an employee must show their employee I.D. card if they . ·;~Y;::z;:_·nt. c 1{N Mcco\im Ci Manager pc • I • • ( • TO: FROM: [lATE: SUBJECT: • • • E. P. Romans. Director, Parks & Recreation Doug Foe. Ass't. Director, Parks & Recreation September 23, 1985 Recreation Fee Increases The Recr eation Division continues to follow the policy of recovering a noinimum of 251 of direct costs for youth programs and lOOS of direct costs for adult programs. The only exceptions to this policy are the Malley Center, Nature Center, Playgrounds Program, Belleview Farm. Special Events. Old Timers and Jr./Sr. American Sports. The Malley Center has increased i ts fees and charges over the past two years and presently is recovering approxi mately seventy-five per cent of direct costs. •Token charges are made for the other exempt programs that are listed, but these charges are not based on a set percentage of recovery. All fees charged by the Recreation Division are based on recovering a de ; i gn ated per cent of "direct costs". "lndi rect costs • associated with reLre ation programs are interpreted to be utilities, full-time salaries. ?ch2~1 District charges, office supplies and postage and repair and main- tenance costs for equipment. It should be noted, that to increase fees 1n some program areas may produce a negative return in that participation nu111ber s could fall. The following programs are considered to be areas that could withstand fee increases even though they are presently recovering revenues according to policy. In surveying other recreation agencies. it is noted that in nearly every case, the following programs are below .. rket price. Malley Center (02-79) It should be noted that beginning in January 1986, most fees at Malley had already been increased and included in 1986 revenue projections during the budget process. . . Proposed Additional Outdoor REcreati on : Fee Increase ProJected Revenue Hiking Trips (14) From $6 to $7 $336.00 Mountain Picnics (4) From $6 to $7 39.00 Cross Country Ski Trips (10) From $6 to $7 195.00 Downhill Ski Trips (12) From $6 to $7 234.00 Fishing Trips (8) From $6 to $7 78.00 Total: $882 .00 • I • - •• t • 1-';emor andum ~ep tember 23. 19 86 Page 2 Arts & Crafts: Cont i nui ng Oil Pa i nting {4 ) Continuing Wat ercolor (4) New Programs : • • • -Proposed Fee Increase From $5 to $7 From $5 to $7 Total: Add iti ona l Pro j ected Revenue $180.00 108 .00 $288.00 Add (3) add i t i onal evening dinners: 150 participants each at $5.00 per dinner • ~2.250. Food • $800. en t ertainment $150. Net profit • $1.300 . Total estima ted additional Malley Center revenue -2.470.00 Sports & Games (02 -83) P•·nposed Additional ~dul t Vollet ball Fee l n C..!:!!!!: ProJected Revenue £all/Wint er Tea m Fee s Com pe tit ive -From $71 to $100 $696 .00 Recr eat i ona l -From $59 to $75 960 .00 Summe r Tea m Fees Compe t it ive -From $49 to $75 312 .00 Re crea ti ona l -From $41 to $60 570.00 Ad ult Summer Basket ba ll -From $174 to $200 416 .00 Adult Flag Football -From $228 to $250 184 .00 Youth Jr.tSr. American P~ra• -(From $10 to $13 ) per i nd ivi dual 1 .620.00 Youth Glmnast i cs -(Fro. $12 to $16) per indivudual 720 .00 Pare nt -Tot Fun -(from $5 .25 to $10) per individual 95.00 _r~_u th Tum b 11 ng -(From $5.25 to $10) per individual 475.00 Yo uth Self-Defense -(From $9 to $15) per individual 360.00 XQu th Racg uetba l l Lessons -(From $6 to $8) per individual 100.00 Adu lt Drop-in Fi tness -Daily Admission: (From $1 to $1.50) 200.00 Coupon : (From $11 to $16) 150 .00 ~~u lt Racg uetball Lessons -(From $10 to $12.50 125.00 • I • • ~ « t • Mem or andum Se~tember 23, 1985 Pdg e 3 Adult Weight Training Class Co-ed Ladies Adult Taekwon-Do • • • Proposed Additional Fee Increase Projected Revenue From $17.50 to $22 270.00 From $26 to $32 180.00 Fror;. Z24 to $30 240.00 Total estimated additional Sports & Games revenue $7,673.00 Playgrounds (02-85 It is recommended in 1986 to offer two four-week sessions. A survey was taken of what other recreation agencies are charging for playground programs and it wa s determined that the. average fee is $134.00 per participant. (See attached ~u~~). By offering ·two sessions, parents would have the option of registering their child for four or eight weeks. Fee increases are recommended over the next three years as follows: Playground 1986 4-Week Session: 8-Week Session: 1987 4-Week Session: 8-Week Session : 1988 4-W eek Session : 8-Week Sessi on : Proposed Fee Increase From $12 to $20 (per session) 36.00 From $20 to $28 (per session) 52.00 From $28 to $36 (per session) 68.00 Total e s t i mated additional playground revenue over next 3 years - Softball (02-86) Proposed Fee Increase Additional Projected Revenue $4,440.00 2,960.00 2,960.00 $10,360 .00 Additional ProJected Revenue Summ er Women's & Co -ed Slo-Pitch From $204 to $275 2,840.00 Su nmer Men's Slo-Pitch : From $279 to $325 1,104 .00 Fall Men's Slo-Pitch : From $131 to $175 1,408.00 Fa l l Co-e d Slo-Pitch : From $73 to $100 324.00 ~in_!~-FastEi t ch : From $220 to $250 360 .00 • I . . • • • Me mor andum Sep tember 23, 1985 Pag e 4 ~of tball Field Rentals: ~1 field, lights & bases t2 field, lights, bases & P.A. daytime rates Nl daytime rates 12 field prep only line field only fi e ld prep & not used Current $14 20 9 15 11 8 7 Total estimated additional Softball revenue Farm (02-87) Increase $6.00/hr 5.00/hr. 6.00/hr. 5.00/hr. 4.00 2.00 3.00 New Fee $20 25 15 20 15 10 10 Dail y per person admission (from .40¢ to .SO¢) Total estimated additional Farm revenue Old Timers (02-89) Proposed Fee Increase !~u~ -Program Participation Fee From $5 to $10 Total extimated additional Old Timers Revenue Gran d total of estimated additional 1986 revenues from aYl program areas. (Does not include 1987-88 projected additional playground rev enue). Additional Revenue 300.00 $6,336.00 $1,500.00 $1 ,500.00 Additional Projected Revenue 1,250.00 1,250.00 $23,669.00 1 beli eve \he Showagon owned by the City presents a potential source of revenue. Pr esently , the Showagon receives very little use, except for an occasional City fa ci lity dedication and the annual Holiday Parade. Numerous requests are r ecei ved each year from groups outside the city limits of Englewood, but, because of the policy stating that the Showagon cannot leave the City, these groups are turned away. A policy change would be required if the City were to begin renting th e Sho wagon to out-side Englewood groups. A Showagon rental fee schedule has been established , but very little, if any, revenue is generated because nearly all local use of the Showagon receives no charge or is permitted in exchange f or in-kind service. It is estimated that $2,000.00 per year revenue could be derived from Showagon rentals. DF :ha • I • • - • • • • • SURVEY OF PLAYGROUND FEES North Jeffco Ne igh borhood Day Camp Mon . thru Thurs. -9 a.m. - 3 p.m. Fri. -9 a.m. -noon One (I) week sessions All Summer ~- $18/flrst child $IS/2nd child $12/3rd child Non-Res . $23/fl rst chi I d $20/2nd child $17/3rd child ------------------------------- Ad venture Day Camp Mon. thru Fri. -9 a.m. -~p.m. One (I) week sessions E ight (8) total sessions In summer Age 6-10 yrs. --- - ------ -------- Survner Day Fun I'I <Jro. -Fr i. -10 a.m. - 3 p.m. Dow (I) week seulons A•w 6-10 yrs. - --- District $50 Week of $~5 - -- -- District $~0/wk. Non-District $60 July ~ (~ days) $55 ---- Non-District $50/wk. ----- - ----- ---- $10/day -drop In $12/day -drop in (Special events -extra fee) - - ----------- -- Super Center Day Camp Mo n. -Fri. -'a.m. -~p.m. One (I) week sessions Age 7-12 yr_s. ---- -- --- District . $10/day Non-District $15/day ---------------- - - Wheat Ridge N~ighborhood Day Camp Mon. thru Fri. -9 a.m . -3:30p.m. June 18 -August 3 : 7 weeks ... - -------- ----------- Plc.ygrounds Mon. thru Fri. -9:30-Noon 5/hrs. a day -1:00·3:30 p.m. E oght (8) weeks Aqts 6-12 Boulder Non-Res. $123/full day/7 wks. $126/full day/7 wks. $62 /H·F/7 wks. $65/H·F/7 wks. (9 a.m.-noon or 12:30-3:30 p.m.) $18/full day/1 wk . $21/full day/1 wk. -------- ------------ ~ $~5.00 Non -Re 5. $51t.OO ------------------------------- • I • • - • • • Playground!. 7:30 a.m. -12 :30 p.m. or 12:30 p .m. -5 :00 p.m. 7:30 a.m. -5:00 p.m. 9 1/2 hrs./day Eight (8) weeks Day Camps -2 separate ones Hon. -Fri. 9:00a.m. -3:00 Ages 6-9 yrs. Ages 10-12 yrs. Eight (8) weeks • • • -2- Boulder (C··~'t.) !!.!.:. $1t5.00 Non-Res. $51t.oo ---------------- - --Boulder Res. $90.00 Non-Res. $108.00 -------------- Northglenn Res. Non-Res. p.m. $189/8 wks.-all day $237.25/8 wks.- $9lt.75/ 8 wks.-i day $118.50/8 wks.-i $23.75/weekly/ $29.75/weekly/ all day alI day $12.00/weekly/i day $15.00/weekly/i • all de day day I • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE October 16, 1985 ITEM SUBJE CT State Highway Department Work Program for Fiscal Year 1986/1987 IN 1 T 1 ATED BY City Planning and Zoning Commission ACT 1 ON PROPOSE D Approve projects for the Fiscal Year 1986/1987 Highway Work Program and refer them to the Arapahoe County Commissioners. INTRODUCTION: You wi ll recall that each year at this time, the County Commissioners in each of the Co lorado co unties are invited to identify those highway-related maintenance and/or co nstruc tion projec ts within the county which they feel should be included in the Highway Department work program during the following fiscal yea r. These requests are submitted to the State Highway Commissioners at a series of public meetings followin g which the Highway Commissioners, together with the Highwa y Department Staff, determine the projects to be undertaken . The hearings this year will be held on No vemb e r 22. In o rder to prepare a comprehensive proposal, the County Commissioners ask each of th e mun i c ipalities within their jurisdiction to submit work program projects which can be included in the County request. The County Engineer prepares the request for improvements in the uninco rporated sections of the County. The Englewood request is prepared by the Planning Division staff with the assistance of the Director of Publi c Works and the Engineering Department. The staff also co ntacted Cherry Hills Village and Sheridan to see if there are any projects of mutual co ncern which can be suppo rted. The report is submitted to the City Planning and Zoning Commission , and is then referred to the City Council with any additions or deletions which the Commission members feel are necessary. The City Coun c il gives final approval t o the r e quest, and forwards the City's requests to the Arapahoe County Commissioners. CONCLUSIO AND RECOMMENDATIO N: The Planning Commis sion considered the Highway Work Program requests for fiscal year 1986/1987 , at its mee ting o n October 8, 1985. Most of the projects are not new-- they have been included in previous Englewood requests, but have never been funded. These include the improvements to South Broadway, improvements to South Santa Fe Drive , the Broadway/Belleview intersection and the intersection at U. S. 285 and South University Boulevard and a study to determine improvmeents to Belleview that should be required of developers whose projec ts will add traffic to an already overburdened arterial. The Unive rsity/2 85 intersection request is in cooperation with Cherry Hills Village . • I • • t • • • • -2- The Planning Commission identified U. S. 285 as the Number One priority, requesting a deceleration lane for eastbound U. S. 285 at South Inca Street, the installation of a traffic signal at U. S. 285 and South Inca Street, the widening of U. S. 285 at the Broadway underpass and the beautification of U. S. 285 from South Santa Fe Drive to South University Boulevard . Double left turns and continuous right-turning movement at the 285/University intersection were also requested. The City has previously requested a one-way couplet between U. S. 285 and Ithaca between South Santa Fe Drive and the Broadway interchange; but the Commission is of the opinion at this time that this may be no longer feasible because of the improvements necessary to accommodate the Buyer's Club . A traffic study prepared by De Leuw Cather and Company calls for major improvements to U. S. 285 by the year 2000 and points out that even with the couplet, westbound U. S. 285 east of Santa Fe will operate at a level of service "D"; and without the couplet, U. S. 285 would require seven (7) lanes in each direction plus double left turn lanes to operate at level of service "D"; this would require U. S. 285 to be widened to 16 lanes by the year 2000. Because widening U. S. 285 to 16 lanes at this time would seem to be impractical, the Commission has continued to request the couplet, even though it would require redesign to coordinate with the Jason/Ithaca improvements. If Englewood is to continue to accommodate the heavy volume of local and through traffic safely and efficiently, these improvments must be undertaken. It is recommended that the City Council forward these requests to the attention of Mr. Ro bert Brooks, Chairman of the Arapahoe County Commissioners, for inclusion in the County Fiscal Year 1986/1987 Highway Work Program proposal. The requests for the Federal Aid Urban System are referred to the Denver Regional Council of Government s, but are included in the Planning Commission recommendation because they were of the opinion that the total traffic improvement program should be considered at one time. SUGGESTED ACTION: MOVED BY SECOND YES NO BSENT • I • • • • • • REQUESTS FOR THE STATE HIGHWAY DEPARTME NT 'S 1986-1987 WORK PROGRAM. The following requests are pro po sed for inclusion in the 1986-87 Work Pr og ram: A. Construction Projects o n the St ate Highway System: 1. South Santa Fe Drive: a. The construction o f a railroad grade separation and a fully signalized inters ection at West Dartmouth Avenue and South Santa Fe Drive. b. The construction of a railroad grade separation and fully signalized, at grade intersection with double left turns and two lanes each direction plus HOB lines at West Oxford Avenue and South San ta Fe Drive . c . The construction of a railroad grade separation and fully signalized, at-grade intersection at West Tufts Avenue/West Union Avenue and Sou th Santa Fe. d. Com pletion of the Windermere/Navajo truck route between West Ke nyon Avenue and West Bell e view Avenue with a four-way s ignalized intersection at West Oxford Avenue and South Navajo Street. e. Continuation of the proposed improvements on South Santa Fe Drive. 2. u.s . 285 : a. The construction of a deceleration lane at eastbound U.S. 285 and South Jason Street . b. Installation of a traffic signal at U.S. 285 and South Inca Street. c. Upgrading of the U.S . 285/South Broadway interchange. d. Undertake plans for construction of a one-way couplet between South Broadway and South Santa Fe Drive or alternative con- struction on U.S. 285 to accommodate a level of service of "D" during peak hours by the year 2000. e. Upgra de the South University Boulevard/U .S. 285 intersection to permit double left-turns for all directions . Right-turn lanes should feed into through lanes • • I • - • • • • • Reques ts for the State Highway Department's 1986-87 Work Program. Page two f. Beautification of U.S. 285 from South University Blvd. to South Santa Fe Drive. 3. Belleview Avenue: a. Upgrade the South Broadway/Belleview Avenue intersection to provide double left-turning movements. b. Study prevailing and project ed roadway and service conditions t o develop standards for corrective measures to be required of persons constructing new developments which will have access t o West Belleview Avenue. B. Construction Projects on the Federal Aid Urban System. 1. Realignment and reconstruction of the intersection at South Broadway and Floyd Avenue. 2. South Broadway from Floyd Avenue to Yale Avenue to be widened and provided with a landscaped median. 3. South Broadway from Quincy Avenue to Belleview to be provided with a landscaped median. 4. Pedestrian access on the west side of Broadway between Rafferty Lane and Belleview with emphasis on the widening of the bridge over Big Dry Creek to accommodate pedestrians. 5. Sidewalk construction on the east side of South Broadway from Belleview Avenue to city limit as needed. 6. Sidewalk cons truction on north side of East Belleview Avenue from South Broadway to city limit. 7. Bike trail cons tructio n along the So uth Platte River to tie into routes in Denver and Littleton. 8. Bike trail construction along Big Dry Creek from the South Platte River eas t. I . 6 NORTH (t • I • • • • -· 5100 •. CO~.Slli.U CTI O!'\ PkOJtctS Otl THI STAlE HlCH'WAY SYSTD'I l . South Sanu Pa Drhf' a , Cude a epnation and full l ifN>lt tat ' b . Cudt> U paratton a nd full 1 1£n&l 1r.n c . Cr.t.dt> u pnuion a nd full l ifnalbat • d . W!nden~en/hvajtl tru e~ r oute . e. tonttnunton cf 1•prc va .. nta . 2. u.s . 2!5 a . De calaretton lane , b . Uanaliutt,•n, c . tlp'ude 1nurchanJ•. d . On ... wa y couplet . e . Uparede 1ntnuc tton. f . luut1f1catton. 3 . lel h v hv AYenu• 1 . tJrrud• tnuru r tttm . b. Stut4.\ a nr1 d .. v t lror atancla rd"' f t r a n lie ipau d e rovl h . I • • 6 NORTH • • J • • - • • Mcwfitld Nouou 4000 . Oxford Pr inceton tluinc y FOde ll If •!100 •. 1100 • CO :ISTIIOCTIOII Pr.0.1ICTS 011 Tl!! I'Ellt•JJ. UUAN SYS!Dt 1. · laaU..-eot of lntane c tton . 2. ltraet vtdaaiaa aod lendec:a ptnr . ), Landauptq . 4 , lldovalu . 5 . std ... alu . 6 . ltdev.tlr.a . 7. ltb traUe . I . l i k.a t r a th . I • • (f • STAFF REPORT Pa ge -1- ST AFF REPORT RE: • • .. STATE HIGHWAY WO~K PROGRAM Case #31-85 Requests for the State Highway Department's 1986-1987 Work Program. DATE TO BE CONSIDERED: October 8, i985. BACKGROUND: Once again, it is that time of year when the municipalities and counties throughout the State submit requests to the State Highway Commission for projects which they want to have included in the State Highway Department wo rk program for the following fiscal year. These are projects for which there may be state or federal monies available for implementation. The En g lewood request is to be submitted to the Arapahoe County Commissioners to be incorporated in the County report to the Highway Commission. The State Highway Commission will then hold hearings in Denver on November 22nd to consider the requests from the several counties in this region. It will be at this hearing that the county and city representatives will have an oppor tunity to explain their particular needs to the Highway Commissioners. Following the hearings, the Commissioners will determine which projects will be funded. The projects which are included in the County report are those on the Inter- state System, the Primary System, the Secondary System, and the Urban System. The requests for the Federal Aid Urban System must also be submitted to the Denver Re g ional Council of Governments for review by the Urban Systems Co mmi ttee at the beginning of the calendar year. Th e staff has prepared a list of projects for the Planning Commission's considera tion, which projects have been coordinated with the Director of Public Works and the Director of Engineering Services. The staff has also contac ted Cherry Hills Village and the City of Sheridan to determine whether or n o t there are projects of mutual interest or concern which we can submit. As last year, Cherry Hills is submitting a request to upgrade the South University Boulevard/U.S. 285 intersection to accommodate the high volume of traffic, and the staff recommends that we include that project also. You will see that the requests are a mix of old and new. The old requests are projects which have been submitted before and not yet funded. The staff would propose that one project eliminated from consideration last year b e included this year. That is the construction project on South Broadway between Yale and Floyd Avenues on the Federal Aid Urban System. The project, you will recall, was to widen the roadway and to add a planted median. In the 1985-86 Work Program, the City had requested the Highway Department to undertake a study of Belleview Avenue between South Clarkson Street and South W1nder.nere Street, espec ially in relation to major development anticipated west of South Broadway. It was pointed out that left-turning movements off of Belleview •re h azardous at this time, and this will be compounded as additional development in both En~lewood and Littleton occurs • • I • • n • • • • • STAFF REPORT Pa ge -2-STATE HIGHWAY WORK PROGRM! Case 1131-85 The Highway Department has striped a continuous left turn lane from Broadway west to the median at the Windermere approach. This is, at beat, an attempt at an interim solution to the problem along this stretch of Belleview, but does not provide a long-range solution . The staff recommends that we again request that a more detailed study be made and design standards established so at such time as development does occur, the cities of Englewood and Littleton can tell the developer what improvements to Belleview will be required to meet long-range goals, rather than having the developers propose the measures they feel will handle the access only to and from their development. The staff would suggest railroad grade separations and expanded at-grade intersections at South Santa Fe as it intersects with West Dartmouth, West Oxford and West Tufts/West Union Avenues. Also, the Windermere/Navajo Route should be constructed to provide access within the industrial area and through traffic. Improvements should be made to U.S. 285 east of South Santa Fe Drive, as well as improvements to the Floyd/Broadway intersection. Sidewalks along South Broadway and along Bellevewo east of Broadway, bike trails along the South Platte River and Big Dry Creek are also requested to provide alternative modes of transportation. After the Commission's review, a recommended list of projects will be forwarded to the City Council for its consideration. The projects approved by the Council will then be referred to the County Commissioners and they, in turn, wil submit the County requests to the Highway Commission. The following requests are proposed for inclusion in the 1986-87 Work Program: A. Construction Projects on the State Highway System: 1. South Santa Fe Drive: 2. a. The construction of a railroad grade separation and a fully signalized intersection at West Dartmouth Avenue and South Santa Fe Drive. b. The construction of a railroad grade separation and fully signalized, at grade intersection with double left turns and two lanes each direction plus HOB lines at West Oxford Avenue and South Santa Fe Drive. c. The construction of a railroad grade separation and fully signalized, at-grade intersection at West Tufts Avenue/West Union Avenue and South Santa Fe. d . Completion of the Windermere/Navajo truck route between West Kenyon Avenue and West Belleview Avenue with a four-way signalized intersection at West Oxford Avenue and South Navajo Street. e. Continuation of the proposed improvements on South Santa Fe Drive. u.s. 285: a . The construction of a de celeration lane at eaatbound U.S. 285 and South Jason Street . b. Installation of a traffi c signal at U.S. 285 and South Inca Street. c. Upgrading of the U. S. 28 5/South Broadway inter ch a n ge . I • • • • STAFF REPORT Page -3- d. e. • • .. STATE HIG~~y WORK PROGRAM Case #31-85 The construction of a one-way couplet between South Broadway and South Santa Fe Drive as an alternative to major widening of U.S. 285 at such time as it reaches a level of service of D during peak hours. Upgrade the South University Boulevard/U.S. 285 intersection to permit double left-turns for all directions. Right-turn lanes should feed into through lanes. f. Beautification of U.S. 285 from South University Blvd. to South Santa Fe Drive. 3. Belleview Avenue: a. Upgrade the South Broadway/Belleview Avenue intersection to provide double left-turning movements. b. Study prevailing and projected roadway and service conditions to develop standards for corrective measures to be required of persons constructing new developments which will have access to West Belleview Avenue. B. Construction Projects on the Federal Aid Urban System. 1. Realignment and reconstruction of the intersection at South Braodway and Floyd Avenue. 2. South Broadway from Floyd Avenue to Yale Avenue to be widened and provided with a landscaped median. 3. South Broadway from Quincy Avenue to Belleview to be provided with a landscaped median. 4. Pedestrian access on the west side of Broadway between Rafferty Lane and Belleview with emphasis on the widening of the bridge over Big Dry Creek to accommodate pedestrians. 5. Sidewalk construction on the east side of South Broadway from Belleview Avenue to city limit as needed. 6. Sidewalk construction on north side of East Belleview Avenue from South Broadway to city limit. 7. Bide trail construction along the South Platte River to tie into routes in Denver and Littleton. 8. Bike trail construction along Big Dry Creek from the South Platte River east. Please review these projects and be prepared to suggest additions, modifica- tions, or deletions at the meeting on October 8th. If the Commission can act on the matter that night, it can be referred to the City Council for considera- tion and forwarded to the Arapahoe County Commissioners • • I • • ' • • • • • 'lrc.fflc flo~o'f e-n llar.lr•d(·n /,vt-nut Cior• be· E'X[•t·ctcd to grow ClV(·r SQ~ by tt1(" year 2000. [V(·n tO ttl(' C8SUal Observer, tt•is typE' of gro••th would indicate a pott:ntial prololem on u.s. 2BS, given its current constrained opt:ration. Nortt.-south travel is expected to b~ ~ostly concentrated on South Sante Fe Drive, with its programmed upgrade to six lanes. Broadway can be expected to grow at one- third the rate of Santa Fe due to its lesser traffic carrying capability and the high anticipated population gro~th of the southwest ~etropolitan area. Table 6 shows the baseline intersection operations for the year 2000 in the study area. As shown, many inter- sections will be at level of service D or E during peak hours, even without the redevelopment project. Particularly congested locations will include Broadway at W. Floyd and the u.s. 285 ramps, South Bannock at w. Floyd and u.s. 285 at all intersections in the study area. It is apparent that major improvements will be required at the u.s. 285 and Broadway interchange as well as on u.s. 285 itsE-lf along the southern study area limits. r-~uct. discussion has been generated by the City and region in regards to a Hampden/Ithaca one-way couplet a s an alternative to major widening of u.s. 285. The analysis containE-d in this report assumes that a one- way couplet would be in place by the year 2000. Even with this couplet, intersections along Harr.pden (existing u.s. 285) in the westbound direction would operate at level of service D. Without the Hampden/Ithaca couplet, u .s. 285 would require seven (7) lanes in each direction plus double left turn lanes to operate at level of sE-rvice "D". South Broadway, north of Civic Center Boulevard, should be able to operate at level of service "D" as a four lane facility up to the year 2000. Major intersection improvements would be required to allow the through lanes to operate as effectively as possible. South Broadway at the u.s. 285 interchange and Broadway up to Civic Center Boulevard, however, may require six through travel lanes in order to operate at level of service "D" with the proposed development. }'.:aster rlan for Downtov.n l:.'nglewood De~uw Cather &: Company Jun e 1984 • I • • • • ·o. NORTH ' J • • • ,.; ! N -· C. ford Princelan Quincy lblchff Stonford •soo •· Tutll Unio Loy! an cm:snucnoN PkOJtCTS ON nu: STATE tilCI<IIAY SYSTEM ). South hnu Pe Drive •· Cud~ up•utton anc! full l i,.naltut b . Cradr ••r•ntSor. a nd fy11 l t&;nal1u r c . Cu.c! upna tton a nd full a11Jnal1 ... t d . Wlnden.n/1\avaja truclL route . a . Cont1nwat1on of t•prove•nta . 2. u.s . 2!~ a . Decehru ton lene . 1>. lttnaUut1on. c . Up1r.r a de int r rcbac~t. d. Ona-"•Y couplet . •· Upf,radt tntenec ttoa . I. a.a~o~Uftut1o n. 3 . lallevii'W Aven u• a . Up~:u l5• tntt rnt tlon . b . Shu~~ a nd dt'Yt )top ltanda1'da. f t t a nUctpatl'd ar<'v&h • I • 6 NORTH ' ' • • • • I • Manlfitld Nouou -·· Ollfonl Pr incttcn Quincy CO~STilUCTlOII PnO.TECTI 011 Til.£ n:nE•J.L UUAN nsTD! 1. • laal~t of t.Duuecttcm . 2 . ltreet wt•.taa eed lud•ceptnt . ), t.Mouplai . 4. •••owalu . ,, at .... alu . '· ... _lb . 7. lllo.o trotlo . a. 11u trotlo . I • ' ' • • • .. • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM October 16, 1985 Jll. SUBJECT Proposed Amendment to the Comprefiensive Zoning Ordinance Adding a New Section 16.4-21, Satellite Dish Antennas v INITIATED BY The City Planning and Zoning Commission ACT I ON PROPOSED Receive the recommendation of the City Planning and Zoning Commission relative to the addition to the Comprehensive Zoning Ordinance of regulations for the installation of satellite rec eive-only earth stations and to set a date for public hearing thereon . INTRODU CTION AND BACKGROUND: Concern has been expressed that persons are installing satellite dishes in both the residential and commercial zone districts in locations which detract from the appearance of their property and of the adjacent properties as well. Th e staff was asked to prepare a repo rt on the matter for the Commission 's consideration and, subsequently, to draft regulations which could be incorporated into the Comprehensive Zoning Ordinance. The Planning Commission considered the proposed regulations at a public hearing on September 17, 1985. No persons were present to speak either for or against the proposed regulations . The City Attorney has worked with the staff and finds that the proposed regulations a re in order; however, he has advised the Commission that the FCC may reserve the regulation of satellite dishes to the Federal Government, thus making all local ordinances obsolete. Until that time, the proposed regulations would provide a means to control the location, height and color of the dishes and require a permit for the installation. A person installing a roof-mounted dish would be required to submit certification from an engineer that th e roof-mounting is structurally sound and stable. Recommendation: The City Planning and Zoning Commission recommends that the City Council consider the proposed r egulations at public hearing, and that they be incorporated in the Comprehensive Zoning Ordinance as Se c tion 16.4-21. • I • • - ( • ORDINMCE 00. SERIES <F 198_5_ • • • BY AUTHORITY A BILL FOR CXXJ!CIL BILL 00. 80 =~~ AN ORDINAOCE AMENDING THE a:MPREHENSIVE ZONING ORDINAOCE (TITLE XVI OF ENGLEWOOD MUNICIPAL CODE) BY ADDING A N&l SEX:TION 16 .4-21, SATELLITE DISH ANTENNAS . WHEREAS, many citizens have expressed concern regarding the installation of satellite dishes, both in the residential and commercial zone districts, in locations which detract from the appearance of that and adjacent properties; and WHEREAS, there has also been concern that roof-mounted dishes should be cert ified by an engineer to be structurally sound and stable; and WHEREAS, the Englewood Planning camtission considered pro- posed regulations at a public hearing on September 17 , 1985 at which no persons were present to speak either for or against the proposed regulations; and WHEREAS, the Planning camtission recat111ended the ordinance be approved as they cnended it; ~. THEREFORE, BE IT ORDIUNED BY THE CITY CXXJ!CIL OF THE CITY OF ENG:..EWOOD, COLORADO: Section 1. 'Itlat Title XVI (the Comprehensive Zoning Ordinance) 1s hereby amended by adding a new Section 16.4-21, Satellite Dish Antennas, to read as follows: 1 • I • • • • • 9-17-8 5 SECTION 16.4-21 SATELLITE DISH ANTENNAS. a. STATEMENT OF INTENT. THE PURPOSE OF THIS SECTION IS TO SET STANDARDS FOR THE USE OF SATELLITE RECEIVE-ONLY EARTH STATIONS IN ORDER TO SAFEGUARD THE HEALTH, SAFETY, AND ENJOYMENT OF ALL THE CITIZENS OF ENGLEWOOD. THE CITY PLANNIN G AND ZONING COMM IS SION AND THE CITY COUNCIL RECOGNIZE THAT RESIDENTS OF THE CITY MAY WISH TO ADD TO THEIR TELEVISION VIEWING PLEASURE BY INSTALLING SATELLITE DISHES TO IMPROVE RECEPTION OR INCREASE THE NUMBER OF CHOICES AVAILABLE . IT IS THE INTENT OF THIS SECTION TO FACILITATE THE US E OF SATELLIT E DISHES FOR THOSE CITIZENS WHO WISH TO ENHANCE THEIR TE LEVISIO N VIEWIN G AND ALSO TO PROTECT THE HEALTH, SAFETY AND AESTHETIC ( OB J EC TIVES OF ALL WHO LIVE AND/OR WORK IN ENGLEWOOD. • b. APPL I CABILIT Y OF ORDINANCE STANDARDS. c. (1) THESE RE GULA TION S SHALL AP PLY TO ANY INSTALLATION OF SATELLITE REC EIVE-ONLY EARTH STATIO NS IN THE FOLLOWING DISTRICTS. (a) RE SIDENT IAL DIS TRICTS : R-1-A, R-1-B, R-I-C, R-2, R-2-C, R-2-C/S.P .S., R-3, AND R-4 . (b) COMMERCIAL DISTRICTS: B-1 AND B-2. (c) INDUSTRIAL DISTRICTS: I-I AND I-2. (2) WHEN A SATELLITE DISH, WHICH WAS INSTALLED PRIOR TO THE ADOP TION OF THIS ORDINANCE AND NOT IN COMPLIANCE WITH THIS ORD INAN CE, _IS CHANGED OR EXCHANGED FOR ANOTHER DISH , THE NEW MOUNT SHALL COMPLY WITH THE REGULATIONS OF THIS SECTION. INSTALLATION REQUIREMENTS. (1) ALL DISTRICTS . (a) PERMITS SHALL BE SECURED FOR ALL SATELLITE DISHES AND • I • • - ( • • • • -2- PROPER INSPECTIONS SECURED DURING INSTALLATION. (b) ANY ROOF-MOUNTED SATELLITE DISHES SHALL RAVE AN ENGINEER'S CERTIFICATE, VERIFYING THAT THE ROOF-MOUNTING IS STRUCTURALLY SOUND AND STABLE. (c) SATELLITE DISH ANTENNAS SHALL BE OF A COLOR HARMONIOUS WITH THE SURROUNDINGS. THERE SHALL BE NO ADVERTISING IN WORDS OR IN PICTURES, OTHER THAN THE MANUFACTURER'S NAME IN SMALL LETTERS. (d) SATELLITE RECEIVE-ONLY EARTH STATIONS, REFERRED TO AS "SATELLITE DISHES", SHALL BE CONSJOERED AS ACCESSORY STRUCTURES. (2) INDIVIDUAL DISTRICTS: (a) R-1-A, R-1-B, R-1-C, R-2, R-2-C, R-2-C/S.P.S. (i) SATELLITE DISHES SHALL NOT BE MOUNTED IN FRONT YARDS. (ii) SATELLITE DISHES SHALL BE MOUNTED BEHIND THE FRONT BUILDING LINE OF THE PRINCIPAL CONFORMING STRUCTURE. IF THE ADJOINING PROPERTY HAS A CONFORMING PRINCIPAL STRUCTURE LOCATED BEHIND THAT BUILDING LINE, THE DISH SHALL BE MOUNTED IN BACK OF THE FRONT BUILDING LINE OF THE ADJOINING PROPERTY. (iii) THE HEIGHT OF A FREE-STANDING GROUND-MOUNTED SAT ELLITE DISH SHALL BE LIMITED TO IO FEET AT THE TOP OF THE POLE. (iv) THE DISH SHALL BE MOUNTED NO CLOSER TO THE PROPERTY LINE THAN THE SETBACK REQUIREMENTS FOR ACCESSORY STRUCTURES IN THE ZONE DISTRICT IN WHICH THE PROPERTY IS LOCATED. (v) SATELLITE DISHES SHALL NOT BE MOUNTED ON THE ROOF OF THE RESIDENTIAL STRUCTURE. (vi) WHEN A &ROUND-~OUNTED SATELLITE DISH MUST BE ELEVATED OVER A BUILDING FOR ACC ESS TO THE TRANSMITTING SATELLITE, THE POLE SHALL BE ATTACHED TO THE STRUCTURE AND THE • I • • ( • • • - -3- DISH HEIGHT SHALL BE THE MINIMUM NECESSARY, AS DETERMINED BY THE CHIEF BUILDING INSPECTOR. (b) R-3, R-4. (1) SATELLITE DISHES SHALL NOT BE MOUNTED FORWARD OF THE FRONT BUILDING LINE. (11) SATELLITE DISHES MAY BE MOUNTED ON ROOFS ON RESIDENTIAL BUILDINGS OF MORE THAN FOUR UNITS ONLY OR ON OTHER NONRESIDENTIAL PRINCIPAL PERMITTED USES. (111) ANY ROOF-MOUNTED SATELLITE DISH SHALL RAVE AN ENGINEER'S CERTIFICATE SUBMITTED TO THE BUILDING DEPARTMENT, VERIFYING THAT THE ROOF MOUNTING IS SOUND AND STABLE. (1v) PLACEMENT OF GROUND-MOUNTED DISHES SHALL MEET THE SAME SETBACK REQUIREMENTS AS OTHER PERMITTED ACCESSORY USES, EXCEPT THE HEIGHT LIMITATION, WHICH IS TEN FEET TO THE TOP OF THE POLE. (v) WHEN A GROUND-MOUNTED SATELLITE DISH MUST BE ELEVATED OVER A BUILDING FOR ACCESS TO TRANSMITTING SATELLITES, THE POLE SHALL BE ATTACHED TO THE STRUCTURE, AND THE DISH HEIGHT SHALL BE THE MINIMUM NECESSARY AS DETERMINED BY THE CHIEF BUILDING INSPECTOR. (c) B-1, B-2. (1) SATELLITE DISHES SHALL BE MOUNTED ON ROOF TOPS OR IN OPEN SPACE. SPACE FOR THE DISH SHALL NOT BE INCLUDED IN THE REQUIRED LANDSCAPED AREAS. (11) GROUND-MOUNTED SATELLITE DISHES SHALL BE PLACED IN BACK OF THE FRONT BUILDING LINE. (111) SATELLITE DISHES SHALL NOT BE MOUNTED ON ANY TEMPORARY STRUCTURE OR ANY VEHICLE, EXCEPT FOR SITING PURPOSES • • I • • ( • • • - -4- (iv) ROOF-MOUNTED SATELLITE DISHES SHALL HAVE AN ENGINEER'S CERTIFICATE SUBMITTED TO THE BUILDING DEPARTMENT. (d) 1-1, I-2. (1) GROUND-MOUNTED SATELLITE DISHES SHALL NOT BE LOCATED IN THE AREA RESERVED FOR LANDSCAPING. (11) SATELLITE DISHES SHALL NOT BE MOUNTED ON ANY TEMPORARY STRUCTURE OR ANY VEHICLE, EXCEPT FOR SITING PURPOSES. (iii) ANY ROOF-UOUNTED SATELLITE DISHES SHALL HAVE AN ENGINEER'S CERTIFICATE. DEFINITIONS. SATELLITE DISH. THE SATELLITE RECEIVE-ONLY EARTH STATION SATELLITE CONSISTS OF 1) DISH ANTENNA WHICH RECEIVES COMMUNICATION FROM SATELLITES IN ORBIT: 2) A LOW-NOISE AMPLIFIER (LNA) AT THE FOCAL POINT OF THE RECEIVING COMPONENT: AND 3) A COAXIAL CABLE TO CARRY THE SIGNAL TO THE SATELLITE RECEIVER, WHICH TRANSFORMS THE LOW-FREQUENCY SIGNAL TO A TELEVISION SIGNAL. SATELLITE RECEIVER. THE SATELLITE RECEIVER RESEMBLES A STEREO RECEIVER OR AMPLIFIER WITH AN ARRAY OF KNOBS AND CONTROLS. IT IS USUALLY LOCATED NEAR THE TV SET AND ALLOWS TUNING OF ANY OF THE CHANNELS COMING FROM THE SATELLITE. ANOTHER CONTROL ROTATES THE DISH TO SELECT WHICH SATELLITE AT WHICH TO TO AIM THE ANTENNA. HARMONIOUS COLOR. THE COLOR IS PREFERABLY A NEUTRAL COLOR: OFF-WHITE, BLACK, DARK GREEN, OR METALLIC, UNLESS THE BACKGROUND IS SUCH THAT ONE OF THOSE WOULD NOT BLEND WELL WITH THE SURROUNDINGS. GROUND-MOUNTS. THE TYPICAL GROUND-}!OUNTED SATELLITE HAS THE ANTENNA MOUNTED <-l ,·, ~.,_..\v ,, ,.,v-"'"" ON A POLE WHICH IS AT LEAST THREE FEET DEEP IN THE GROUND, IN CONCRETE;.-THE ~ ~..:J.r- CABLE TO TH E RECEIVER IS BURIED IN THE GROUND BETWE":N THE ANTENNA AND THE ;-- STRUCTURE . • I • • • • • • Section 2. 'nle following legal provisions shall apply to this ordinance: A. Separability Clause. If any article, section, sub- section, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance. The COuncil of the City of Ebglewood hereby declares that it would have phrased this ordinance and each article, section, subsection, clause or phrase hereof, irrespective of the fact that any one or more articles, sections, subsections, sentences, clauses and phra ses be declared unconstitutional. B. Vi olation and Penalty. Any person, finn or corporation that violates, disobeys, anits, neglects or refuses to canply with or resists the enforcement of any of the provisions of this ord i nance shall be fined as set forth i n Section 16.7-4 of the Canprehens i ve Zon i ng ordinance. Secti on 3. Hearing. In accordance with Section 40 of the City Charter, the City Council shall hold a public hearing on this ord i nance, before final passage, at 7:30 p.m. on--------1985. Introduced, read in full, and passed on first reading on the 21st day of October, 1985. Publ i shed as a Bill for an ordinance on the 23rd day of October, 1985. Attest : Eugene L. 0t1s, Mayor ex officio City Cl erk-Treasurer 2 • I . • • • - Exce rpt from Planning Commissio n Meeting, September 17, 1985 -12- be submitted to the Director of Community Development for approval . 13. The required easements, especially as noted in Book 3663, Page 142, be shown on the final plat, and that the existing easements for gas be investigated. 14. A traffic study be prepared and submitted for the City and Department of Highways be prepared and submitted to the Department of Community Development for consideration and review by the Traffic Engineer, the Department of Engineering Services and the Fire Department. Discussion followed. Mr. Allen stated that the Planning Commission cannot force a developer to continue a plan such as the Waterford which is not financially viable; the applicant is requesting a plan well within the Zoning Ordinance. Mr. Beier said he is concerned with the traffic flow and street width.· He stated that there is no provision for security within the Marks. He requested the City of Englewood to enforce the parking regulations; and noted that guest parking seems inadequate. Mr. Mesa asked what would be required in Condition #13. Mr. Stitt said the easements must be shown on the Final Plat. There should be no problem, as the developer plans to provide appropriate utility easements. Mr . McBrayer regretted that the Waterford had not succeeded, but said that the proposed plan will have less of an impact on the area, and does comply with the Comprehensive Zoning Ordinance. He said Girard may be relieved by the traffic study and and the developer's response to the study. Mr . Beier asked that the City enforce all of the landscaping provisions. AYES: NAYS: ABSENT: Barbre, Beier, Carson, McBrayer, Hesa, Allen, Stoel. None . Magnuson and Gourdin. The Chairman ruled that the proposal was approved subject to the stated conditions. After approval of the Findings of Fact, the matter will be sent on to Council. Mr . Beier left the meeting at 9:45 p.m. v. SATELLITE DISH ORDINANCE. Public Hearing. Mc Brayer moved: Ca rson seconded: the Public Hearing for Case #19-85 be opened. AYES: NAYS: ABSEN T: Barbre, Carson, McBrayer, Mesa, Allen, Stoel. None. Beier, Magnuson, Gourdin. The Chairman dec lared the Public Hearing open. CASE 019-85. Mr. Carson noted that the Commission decided previously that the maximum I • - • • • • -13- hei ght of a free-standing ground-mounted satellite dish shall be limited to 10 feet at the top of the pole. The 25 feet in the Staff Report was in error, and was changed 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 atucture 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 found 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 to the federal government. Carson moved: McBrayer seconded: The Public Hearing be closed. AYES: NAYS: ABSENT: Barbre, Carson, McBrayer, Mesa, Allen, Stoel. None. Beier, Magnuson, Gourdin. The Chairman declared the Public Hearing in Case #19-85 closed, McBrayer moved: Barbre seconded: The Satellite Dish Ordinance be approved as amended. AYES: NAYS: ABSENT: Barbre, Carson, McBrayer, Mesa, Allen, Stoel. None. Beier, Magnuson, Gourdin. The Chairman ruled the motion was passed. VII. FINDINGS OF FACT. Carson moved: CASE 1120-85 CASE 1122-85 Allen seconded: The Findings of Fact for Case #20-85, 3986 South Broadway, be approved as written. AYES: NAYS: ABSTAIN: ABSENT: Barbre, Carson, Mesa, Allen, Stoel. None. McBrayer. Beier, Magnuson, Gourdin. The Chairman declared the Findings approved as written. Barbre moved: Carson seconded: The Findings of Fact for Case 1122-85, 1190 East Hampden Avenue, be approved as written. AYES: NAYS: ABSTAIN: ABSENT: Barbre, Carson, Mesa, Allen, Stoel. None. McBrayer. Beier, Magnuson, Gourdin. • I • • • • • • CITY PLANNING AND ZONING CO'Ml-!ISSION ENGLEWOOD, COLORADO IN THE MATTER OF CASE NUMBER 19-85 ) FINDINGS OF FACT AND CONCLUSIONS AND ) RECOMMENDATIONS RELATING TO AN ) AMENDMENT TO THE COMPREHENSIVE ZONING ) ORDINANCE, BY ADDING SECTION ) 16.4-21, SATELLITE DISH ANTENNAS ) A Public Hearing was held by the City Planning and Zoning Commission on September 17, 1985, concerning Case Number 19-85 in the City Council Chambers in the Englewood City Hall. The following members of the City Planning and Zoning Commission were present: Messrs. Barbre, Carson, Stoel, McBrayer, Mesa and Allen. Messrs . Beier, Magnuson and Gourdin were absent. FINDINGS OF FACT Upon review of the evidence taken in the form of testimony, presentations and reports, and the proposed Satellite Dish Antennas Ordinance which is proposed to be added to the Comprehensive Zoning Ordinance, the City Planning and Zoning Commission makes the following Findings of Fact: 1. That proper notice of the Public Hearing was given in the Englewood SENTINEL, the official City newspaper, on September 4, 1985. 2. That the purpose of the proposed Ordinance is to protect the health, safety and aesthetics of the community and to facilitate the use of satellite dishes for those citizens wishing to enhance their television viewing. 3. That regulation of the placement of satellite dishes is necessary because of the increasing number of the units which are being installed in the City without regard for the effect of the unit on adjacent property. 4 . That the Ordinance should apply to all zone districts within the City of Englewood. 5. That requirements for installation address permits, the location, height, color and type of structure. 6. That no one testified for or against the proposed Satellite Dish Ordinance. CONCLUSIONS 1. That proper notice of the Public Hearing was given. 2. That no persons addressed the Commission in favor of or in opposition to the proposed Satellite Dish Ordinance. 3. That the proposed Ordinance is necessary to regulate the placement or location, height, color and requirements for permits for the installation of satellite dishes. 4 . That the proposed Ordinance is necessary to protect the health, safety • I • • • • • • -2- and aesthetic values of those persons living and working in Englewood and provides a means by which those citizens wishing to purchase and install a satellite dish can do so if it is installed in a manner that will have the least negative effect on adjacent properties. RECOMMENDATION Therefore it is the recommendation of the City Planning and Zoning Commission to the City Council that the proposed amendment to the Comprehensive Zoning Ordinance relating to Section 16.4-21, Satellite Dish Antennas, be adopted. Upon the vote on a motion made by Mr. McBrayer and seconded by Mr. Barbre, following a Public Hearing held on September 17, 1985, those members of the Planning and Zoning Commission voting in favor of the motion: Messrs. Barbre, Carson, Stoel, McBrayer, Mesa and Allen. Messrs. Beier, Magnuson and Gourdin were absent. and Zoning Commission. • I • • • • • - TO: Planning and Zoning Commission FROM: Mary Alice Rothweiler, Planner I DATE: August 16, 1985 SUBJECT: Ordinances of other Cities in the Metropolitan Area concerning Satellite Dishes. Arvada -No ordinance. Aurora -The ordinance is still in draft stage. Denver -All satellite dish mounts require permits and must meet the accessory structure regulations. Engineer's Certificates are required by the Building Department. Lakewood -Defined as accessory structure and must meet the same setbacks and height restrictions. Littleton -Defined as accessory structure. No permits are required in in residential areas. Control is by Code Enforcement. No roof mounts are allowed in residential zones. In Commercial and Industrial zones, all roof mounts must have Engineer's Certificates, and must have permits. There is no restriction on the number of mounts per roof as long as the Engineer's Certificate shows it to be safe. Northglenn -Satellite dishes are covered by the section of the zoning ordinance which covers all types of antennas. All antennas, either free- standing or attached to a structure must get a permit from the Building Department. All antennas must have either the specifications from the manufacturer, which must be approved by the Building Department, or an Engineer's Certificate. Westminster -Permits are required for all installations. Height restrictions for ground mounts are 13 feet from the ground to the top of the dish in residential areas and 15 feet in nonresidential areas. In commercial districts, any roof mount must be located no less than 25 feet from any roof edge of the building. sr I • • • • • • 8-15-86 SECTION 16.4-21 SATELLITE DISH ANTENNAS. a. STATEMENT OF INTENT. THE PURPOSE OF THIS SECTION IS TO SET STANDARDS FOR USE OF SATELLITE RECEIVE-ONLY EARTH STATIONS IN ORDER TO SAFEGUARD THE HEALTH, SAFETY, AND ENJOYMENT OF ALL THE CITIZENS OF ENGLEWOOD. THE CITY PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL RECOGNIZE THAT RESIDENTS OF THE CITY MAY WISH TO ADD TO THEIR TELEVISION VIEWING PLEASURE BY INSTALLING SATELLITE DISHES TO IMPROVE RECEPTION OR INCREASE THE NUMBER OF CHOICES AVAILABLE. IT IS THE INTENT OF THIS SECTION TO FACILITATE THE USE OF SATELLITE DISHES FOR THOSE CITIZENS WHO WISH TO ENHANCE THEIR TELEVISION VIEWING AND ALSO TO PROTECT THE HEALTH, SAFETY AND AESTHETIC OBJECTIVES OF ALL WHO LIVE AND/OR WORK IN ENGLEWOOD . b. APPLICABILITY OF ORDINANCE STANDARDS. (1) THESE REGULATIONS SHALL APPLY TO ANY INSTALLATION OF SATELLITE RECEIVE-ONLY EARTH STATIONS IN THE FOLLOWING DISTRICTS. (a) RESIDENTIAL DISTRICTS: R-1-A, R-1-B, R-1-C, R-2, R-2-C, R-2-C/S.P.S., R-3, AND R-4. (b) COMMERCIAL DISTRICTS: B-1 AND B-2. (c) INDUSTRIAL DISTRICTS: I-1 AND I-2. (2) WHEN A SATELLITE DISH, WHICH WAS INSTALLED PRIOR TO THE ADOPTION OF THIS ORDINANCE AND NOT IN COMPLIANCE WITH THIS ORDINANCE, IS CHANGED OR EXCHANGED FOR ANOTHER DISH, THE NEW MOUNT SHALL COMPLY WITH THE REGULATIONS OF THIS SECTION. c. INSTALLATION REQUIREMENTS. (1) ALL DISTRICTS. (a) SATELLITE DISH ANTENNAS SHOULD BE OF A COLOR HARMONIOUS WITH THE SURROUNDINGS. THERE SHALL BE NO ADVERTISING IN WORDS OR IN PICTURES, OTHER THAN THE MANUFACTURER'S NAME IN SMALL LETTERS . • I • • • • • - -2- (b) ANY ROOF-MOUNTED SATELLITE DISH SHALL HAVE AN ENGINEER'S CERTIFICATE. (c) SATELLITE RECEIVE-ONLY EARTH STATIONS, REFERRED TO AS "SATELLITE DISHES", SHALL BE CONSIDERED AS ACCESSORY STRUCTURES. (2) INDIVIDUAL DISTRICTS: (a) R-1-A, R-1-B, R-1-C, R-2, R-2-C, R-2-C/S.P.S. (1) SATELLITE DISHES SHALL NOT BE MOUNTED IN FRONT YARDS. (11) SATELLITE DISHES SHALL BE K>UNTED BEHIND THE FRONT BUILDING LINE OF THE PRINCIPAL CONFORMING STRUCTURE. IF THE ADJOINING PROPERTY HAS A CONFORMING PRINCIPAL STRUCTURE LOCATED BEHIND THAT BUILDING LINE, THE DISH SHALL BE MOUNTED IN BACK OF THE FRONT BUILDING LINE OF THE ADJOINING PROPERTY. (111) THE HEIGHT SHALL BE LIMITED TO TEN FEET AT THE TOP OF THE POLE. (iv) THE DISH SHALL BE MOUNTED NO CLOSER TO THE PROPERTY LINE THAN THE SETBACK REQUIREMENTS FOR ACCESSORY STRUCTURES IN THE ZONING DISTRICT IN WHICH THE PROPERTY IS LOCATED. (v) SATELLITE DISHES SHALL NOT BE MOUNTED ON THE ROOF OF THE RESIDENTIAL STRUCTURE. (vi) WHEN A GROUND-MOUNTED SATELLITE DISH MUST BE ELEVATED OVER A BUILDING, THE POLE SHALL BE ATTACHED TO THE STRUCTURE AND THE DISH HEIGHT SHALL BE THE MINIMUM NECESSARY FOR ACCESS TO THE TRANSMITTING SATELLITES. (b) R-3, R-4. (1) SATELLITE DISHES SHALL NOT BE MOUNTED FORWARD OF THE FRONT BUILDING LINE . (11) SATELLITE DISHES MAY BE MOUNTED ON ROOFS OF • I • • • • • - -3- RE SIDEN TIAL BUILDINGS OF MORE THAN FOUR UNI TS ONL Y OR ON OTHER NONRESIDENTIAL PRINCIPAL PERMITTED USES . (iii) THE GROUND-MOUNTED SATELLITE DISH IN A CHILD-CARE CENTER SHALL NOT BE LOCATED IN THE SAME PART OF THE YARD AS THE PLAYGROUND EQUIPMENT. (iv) ANY ROOF-MOUNTED SATELLITE DISH SHALL HAVE AN ENGINEER'S CERTIFICATE. (v) PLACEMENT OF GROUND-MOUNTED DISHES SHALL MEET THE SAME SETBACK REQUIREMENTS AS OTHER PERMITTED ACCESSORY USES, EXCEPT THE HEIGHT LIMITATION WHICH IS TEN FEET TO THE TOP OF THE POLE. (vi) WHEN A GROUND-MOUNTED SATELLITE DISH MUST BE ELEVATED OVER A BUILDING, THE POLE SHALL BE ATTACHED TO THE STRUCTURE, AND THE DISH HEIGHT SHALL BE THE MINIMUM NECESSARY FOR ACCESS TO THE TRANSMITTING SATELLITES. (d) I-1, I-2 . (i) GROUND-MOUNTED SATELLITE DISHES SHALL NOT BE LOCATED IN THE AREA RESERVED FOR LANDSCAPING. (ii) SATELLITE DISHES SHALL NOT BE MOUNTED ON ANY TEMPORARY STRUCTURE OR ANY VEHICLE. (Hi) ANY ROOF-MOUNTED SATELLITE DISHES SHALL HAVE AN ENGINEER'S CERTIFICATE. (iv) WHEN A GROUND-MOUTNED SATELLITE DISH MUST BE ELEVATED OVER A BUILDING, THE POLE SHALL BE ATTACHED TO THE STRUCTURE, AND THE DISH HEIGHT SHALL BE THE MINIMUM NECESSARY FOR ACCESS TO THE TRANSMITTING SATELLITES . • I • • • • .. - -9- ment of filing a Subdivision Plat for this property. They wish to con- struct a warehouse and sales area for electrical equipment. Mr. Allen pointed out that South Santa Fe Drive is to be widened and im- proved by the State Highway Department; he asked if there will still be access to this property from Santa Fe Drive following the widening and improvement. Mr. Jeffrey stated that they will have access from South Santa Fe Drive by an acceleration/deceleration lane; they do have ap- proval and a permit for such access from the State Highway Department. Mr. Jeffrey stated that there are no turning restrictions imposed on the access at the present time, but sometime before 1990, he understands that left-turning movements may be restricted. Mr. Ve nard asked if the staff had anything to add to this discussion . Mrs. Rom ans stated that the staff had nothing to add; there will be no benefit served to require the preparation of a subdivision plat by the applicant, and the staff recommends approval of the request. Mr. Venard asked if anyone else in the audience wanted to speak on the Subdivision Waiver. No one addressed the Commission. Carson moved: McBrayer seconded: The Planning Commission approve the request for a waiver to the Subdivision Regulations as requested by J. R. Properties for property at 2701 South Santa Fe Drive. AYES: Carson, Magn uson, McBrayer, Venard, Allen, Barbre, Beier NAYS: None ABSTAIN: None ABSENT: Gourdin, Stoel The motion carried . V. COMPREHENSIVE ZONING ORDINANCE Satellite Dishes CASE 1119-85 Mrs. Romans introduced Mary Alice Rothweiler, Planner I in the Department of Community Development, to the members of the Commission. Mrs. Rothweiler has researched the issue of Satellite Dishes, and prepared the report and proposed regulations before the Commission this evening. Mrs. Rothweiler introduced Charlie Ergen, president of Echosphere Corpora- tion. Mrs . Rothweiler reviewed the background information she has col- lected on satellite dishes. Mrs. Rothweiler stated that she discussed this issue with three or four dealers who install satellite dishes, and also talked to staff persons in other communities to determine what they are doing in regard to satellite dish installations. In response to a ques tion from Mr. Beier, Mrs. Rothweiler stated that Aurora has passed an ordinance governing the installation of satellite dishes; Westminster is in the process of adopting regulations for satellite dishes, and Arvada i s looking into the possibility of adopting regulations on satellite dishes. Lakewood is not doing anything about the satellite dish installa- tion issue at this point in time. • I • • • • • .. • -10- Mrs. Rothweiler pointed out that the FCC has pre-empted local zoning for satellite receive-only earth station antennas, and has determined that local communities may control dish antenna zoning only as it pertains to health, safety, or aesthetic objectives. Mr. Ergen suggested that the Commission might want to avoid restricting satellite dish installations to a specific number per block. He pointed out that restrictions on the satellite dish installations vary around the nation, with the western part of the U. S. less restrictive than the eastern part of the country. Mr. Ergen pointed out that with the satellite dish installation, a homeowner could receive over 100 channels on TV; there could be some channels that would be "scrambled", but a decoder can be purchased. He pointed out that in a metropolitan area with a good cable system, there may not be that much interest in the satellite dishes, and that he sells 90 X of his system to users in rural areas. He noted that satellite dishes improve reception in mountain communities where receiption of regular channels and cable is poor. Mr . Carson stated that he has a satellite dish, and receives 158 channels; he purchased his dish because he was dissatisfied with the service provided by cable. He asked what color dish and what type dish gives the best reception . Mr. Ergen stated that a light color dish gives the best reception, but one of the problems is that the dish is "manufactured" in that specific color , so it is not easy to change or repaint. Mr. !raen stated that more mesh or "screen" antennae are being sold than the solid dishes; the mesh dishes do not reflect as much heat as the solid dishes, and people find they can hav e them in darker colors. Mr. Carson asked about height restrictions on the solid antennae. Mr. Ergen stated that if a solid dish were to be installed atop a house, he would recommend that an Engineer 's Certificate be submitted certifying that the house and roof is structurally sound to support the weight of the dish. Mr. Ergen suggested that an Engineer's Certificate should be required for both solid and mesh dish installation atop a structure. Mr. Ergen suggested that an ordinance might be drafted which would re- strict the installation of satellite dishes to rear or aide yards. He advised against restricting the size of the dishes, noting that the aize of dishes in the future will be considerably smaller than they are now. Mr. Ergen stated that he would be happy to look at proposed regulations and to refer them to legal advisers in Washington for review prior to the Commission recommendation to Council. Mr. Venard suggested that prior to setting a date for a Public Hearing, he felt the Commission should study the issue more thoroughly, and review the background material presented by Mrs. Rothweiler and alao review the proposed restrictions that have been prepared. Mr. Venard stated that he wanted to commend Mrs. Rothweiler for the report she has prepared . Mr. McBrayer discussed problems in citing satellite dishes for houses abutting property that has an "alley" house if the location is restricted to the rear or side yard. Mr. McBrayer also disagreed with stating there is a "carte blanche" 25 foot height on the installation. He felt the height should be in proportion to the height of the house. Height limitations for dish installation were dis - cussed. Mr. Ergen stated that if a homeowner has a two-story house, the 25 I • • • • • -11- feet height limitation is applicable. The pole to support a 25 foot high dish would have to be attached to the house; it could not be free-standing. A typical system could be on an eight foot pole, which would be sunk in the earth, and would be above ground approximately three and one-half to four feet. Mr. M.cBrayer asked why the height is listed to t h e "to p of the pole", and not the top of the dish if the dish is to be situated on top of the pole; this adds additional height. Mrs. Rothweiler stated that a home- owner who may want to change the dish would not be apt to change the pole. Discussion ensued. Mr. Ergen stated that he felt the Commission could put restriction on free-standing poles that would bring the height into relation to the height of the structure on the site. Mr. McBrayer stated that discussion has been on dishes with 10 foot dia- meter, yet the proposed restriction of (2)(v) is a dish over 36 inches in diameter shall not be mounted on the roof of a residential st~ucture. Mr. Ergen stated that in today' s technology, n o thing at the 36" size will pro- vide much of a picture; this is aimed for future dish sizes. Mr. McBrayer questioned if this provision is useless today, why it is being included. Mr. Beier pointed out that consideration will have to be given to the problems caused by overhead telephone and electrical lines, as well as lines in the alleys. Mrs. Rothweiler stated that in discussing this with the Building and Safety division, the Chief Building Inspector had indicated he would pre- fer that no permit system be required for the installation of such dishes. At present, no building permits are required to install a satellite dish. Mr. Ergen stated that overhead lines will not affect the reception, but they should not hit the dish, either. Hr. HcBrayer stated that if no permits are required to install a satellite dish, there is no way to determine if they would comply with the ordinance. He questioned why an ordinance controlling the installation of the satellite dishes would be written, if permits for the installation would not be re- quired. Mr. Carson stated that he is of the opinion that property owners should have to get a permit to install the satellite dishes. Mr. Venard asked if the term "Engineer's Certificate" is sufficient to cover the Commission's concerns. Mr. McBrayer stated that this is a standard phrase used throughout the building industry, and did not see any problem. The members of the Commission expressed their appreciation to Mr. Ergen for his attendance. The staff was asked to look at the proposed regulations in light of the concerns expressed by the Commission at this meeting, and to report back to the Commission at a future meeting. Mrs. Romans sug- gested that this issue will be placed on the agenda for the next meeting. VI. RIGHT-OF-W AY VACATION Miramonte Road CASE 1117-85 Mr. Sanford Metzel , applicant, stated that he is requesting the vacation of Miramo nte Road south of Belleview Avenue. The street serves no public • I • • • • ,. - TO : Planning Commission FROM : Mary Alice Rothweiler~ DATE: July 8, 1985 RE: BACKGROUND INFORMATION ABOUT SATELLITE DISHES. Satellite dishes for television reception have, until recently, been installed to improve television pictures. For that reason, they have been located in rural areas and communities remote from powerful television broadcas ting stations. With 24 satellites now in orbit and more authorized by the FCC, metropolitan area viewers are attracted by the great number of viewin g choices as well as the dependability of reception available from sa t el lite dishes. Englewood has c able television service available throughout the City, so there have n ot been the demands for satellite dishes that have been experienced in Denver, where the cable service is still uncertain. However, an increased number of inquiries and implementation of ordinances in other metropolitan communities have prompted the Planning Commission to propose an ordinance for consideration. The FCC has preempted local zoning for "satellite receive-only earth station antennas". The Federal agency has determined that local communities may control dish antenna zoning only as it pertains to health, safety or aesthetic objectives. In order to determine whether standards should be set for satellite dishes for the health, safety and en joyment of the citizens of Englewood, it is necessary to know something about the operation and requirements of the dishes. Signals are sent from Earth to satellites in space, which re-tran smit the signals back to Earth. Those satellites are "parked" in a band in the southwest sky. Dish antennas receive the signals by aiming at the selected satellite. The control device for aiming at the satellite resembles the control box used to select cable television c hannels. In Englewood the antennas must be pointed at an angle of from 39° to 45°. There are two basic types of satellite dish antennas in use in Englewood at this time. Perhaps the most common is the fiberglass covered dish. The fiberglass receiver dish is often eight feet to twelve feet in diameter and weighs about 500 to 700 pounds. These fiberglass dishes are most often white or off-white. Technicians say the color makes no difference to the rec eption, but if the fiberglass is painted, a n on-metallic paint should be used. Because of the weight of the fiberglass dish, these are seldom I • • • • - -2- mo unted on roofs in residential areas. The weight is critical mostly b e cause of the "sail" effect in the wind, not just the weight on structural elements. The other kind of dish in color. A wire dish about 500 pounds less. individual sections of are easily replaced. is of wire, usually black, dark green or aluminum of the same diameter as a fiberglass dish weighs The wire dish is not totally wind-safe, in that the dish may be blown off. However, the sections Ground installation for both dish types is basically the same. l~en access is available at ground level, the standard mount is on an eight foot pole, which is set in concrete in a hole three feet deep and one foot in diameter. This puts the lip of the dish at one foot off the ground. The cable from the structure to the dish is buried no less than six inches deep. The dishes are mounted as close to the structure as is possible, to control the distance of the buried cable. Roof mounting for both types of dishes is also the same. The biggest concern about roof mounts is due to the weight of the fiberglass dish. A strong wind constantly blowing across the back of the solid form can result in a "sail" effect, with a 600 pound sail pulling against its support. Only a commercial or industrial building has strong enough beams to provide moorings for that kind of pull. The wire dish can also produce enough wind resistance to be damaged. However, the most likely damage to occur is that some sections of the antenna might be blown away. The sections are relatively light-weight and can be replaced by the owner. · Predictions for future technological changes in satellite dish receivers are that, with more satellites in the sky, the receivers in the next ten years will be 18 inches to 36 inches in diameter, and most will be the metal mesh. Such dishes will not be difficult to mount on rooftops, even in residential areas . Satelli te dishes do not emit any noise or radiation. There are no exposed lines for children or pets to trip over. The worst nuisance that communities have experienced is from dishes mounted in front yards where the appearance disturbs neighbors, or where weeds and trash have been allowed to pile up under the dishes. Many owners choose to mount the dish on a concrete slab, wh ich eliminates the weed and lawn mowing problem. Th e re are a few site location requirements: 1 . Electricity should be available as close to the mount as possible. 2. The dishes need barrier-free access to the southwest sky at a 390 to 450 an g le. 3 . Outdoor space is necessary for the dish within 500 feet of the building where the control will be used. 4 . There should be about ten square feet of space on the ground to position the dish. • • I • • • • • • -3- The c ontrol box enab les the user to rotate the dish to point at the desired sa tellite. Then the s election is made from among the channels available at that satellite. It is possible for more than one receiver to share the dish, but the viewers must be willing to watch the programs from the same satellite. This could be effective in situations like motels , where the manager would clearly be in charge of the control box. Not many dish-sharing agreements between residential neighbors are foreseen. Most Englewood residential areas have houses facing east or west to streets which run north and south. In order to preserve the appearance of neighborhoods, satellite dishes should not be mounted in front yards, nor in front of the front building line of adjoining residential properties. Setbacks could generally be the same as those required of any accessory structure within the same zone district. Height limitations fit within those zoning considerations appropriate for the municipal governments to determine. Because of the orientation of Englewood streets, there should be few requests for mounting over the customary 25 feet. The he ight limit should probably be set to the top of the pole, as a property owner may choose to change to the smaller dishes, as they become available, without changing the pole. sr • I • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM October 11, 1985 SUBJ~T Ordin ance Regulating Towing and the Disposition of Motor Vehi les in the City. INITIATED BY Chief o Police, Rober t Pol~ce, Allan F. Stanley. ACTION PROPOSED Passin into law the ro osed ordinance to more timely and economic di sposi tion of vehicles abandoned or abandoned afte r po lice impoundment. a ,,,., net.Y c,r-cJJn"'r•c-P w1ll prr>vldt:'• tr•r ~ morE• equii..able dis;p ~•slt.J t•n of ''T"'''•'P rled VP~nc-Jpc;, end Wlll seve to ldemtif po lice au t 1.cr·1 ty l.n d•nllt•r~ .,.,,t~, th.-<>t •<>r,rjone>d veh1clP prubl"'"' w i thir the c lt)'· 1>, .. l'oi 1rt rft>r><•• tmPnl h"l.s been n1 ·~en lhe> 1 Eis pon si bll i'tv of l(j"'r,t i iy ing ,-,. 1! r .-, ,-'1 no abandoned vel •1 c-J "''-" t c a p l ace of i m p o un d m e !~t b v J "'"'• ( tl•r•1 '~n 1 c c.~~ hPt ome a cc•nce.-r edt e r bel n q lmp uundecJ I.Jy the pol 1 c e i m· re-'?s on~ nt ll _,. i..hen abandonment, yet are not -.: l z..1 me d cond ~hen cc•r.o-tJt ll 'P ahar1donmPnt at a l a t;;;r· date . Tt,e, c 1t 1 and the pol •cf: ~~partru ent ~-~then resouns1bl~ f or th e d1spos l t1on o1 these vet 1ic l e s b';· :,;,Je, Mlr! n•t t!:''. t-ompl v Wltt-, i..he r ·e:-4uJ remer.ts ore-:;:er,tly set f Li r·t.t. 111 ''•'·' :<,,tp sl.<~tu•<:s . The monies obt ai ned from dispo3it i on, if abovE? ~TtLi bE:;:'Vt.Jflc1 f,..Jl'' t':.lrld ~+-nr~qt--Cl.•~1 'I fTil 1 S t b e feti'"'Wi .. t'"dt"ld lo t ~lP Stl:~t~ to b(-' Jr,,~l uert 1n i·l ,p Hi,.,h~ .. J~ .. , Uset·~ Fund. lr,r') r"'rr•r• c.. rd t 1Jc, fsr~i 1 1l ,,, t\" Ll!'CJ ·:~ciF· fnr nl C'rF"' 'lltll{;ll ) ~-~, <: • 1~4 ., :t.C"1 (1 nf 't ft P~•-• Vf'h1 r:l f3 1 ,~ fhll~. ~J C"-.'l~tl ng SC1mC (~f "-h~ ~ •pen£.,_. ·~tld I\ ~·!I 1 t·• ~.ti.."JF•p{ , ard·' ~·I L,/ t1t 'ttl: t he-· ;.J J rcr.-:;1\.r,t ::J r Oc•_jl, Er~ :~'-•• \.~f 1·r,t r~·i ·.1 s tJ~rt c=t el fund. c:l .... '-"£ 11. ac. or-ovid t -f ar-th~ CCJit•'r ::1c:, ·""'{ ~-'"•{ r{ ti,F':..f Vtfl-!Clf i.Cillt"yllc:.!"~ .. f 'I 'P!::.P ntJ vr,r,c_,ld1 !"1rl Pe·,~~M, lf,,,1 ~·! ·Jc1 CJ:!lww fo1· .;n/' b . -~• !ClC'\1 dJrqJS1 t ion of tr--,c=.L ve:•!llCt• -• "='n 1 l 'l t c:·t "'''con! tJtl•co "inmr ros t tn i..h~· c.Ji..y . II IS tVrlJ I'1 ~rtc-r Jc:-ju pro,'ld £?~, f,·w· tile M.u th or-lt y to impnttr,d vt.•hlC"'JC' . "'" ~ct~. t urth UH' cJr·r un.s t <"I I WP£ 11r1der wh1c h pollee• nff l lPr· m,•v l>~· ,, •pt,~rd 1. j lmptJitl~d;., Vf:.fti!·]c . Th lE, ordln dr tl-El l S SE?l?ll CH:.I Vlt.al c: . .i!lC r~C·tr ~,, y c. lir·r tn I r>Pp thC" L lt v 's ~.t rE.>et s -free> o -f unsJgt-ltl y ~·C I 'C>i-' vt' cJL 4_,,,(-1 f (t -fut ttH-·r p1"'t2'E1 n t 'Lh·: Lt 9P o ·f t ht? C'l.iy 's $trt~ t a~~ ~·-'_'_' ____ ~_'_'_r __ v __ r·_t_, __ l ._l_~_·_~ __ t __ t_,,_, __ l_,_" __ r·_·_l_l_l __ •l--o--r-tr._;_t.·-r----op_P ___ ,a_b---l~-·--------------------~ • • I • • • • • - lhP c 1tv wjJJ have the ben eij t of any and all fun d s above and th r· co!"t o f tt,e 1 mpoundment e\nd storage. Under the present ~t .,llliP, thE' c1ty rece J VPd nn tllrotJ s from the sale of vehicles . beyond state lh~ p~o~o~Pd o~d 1nance aE d ra ft ed. h as b ~en reviewe d and edjt ed b ~ the l:!i u l ,,.,,...,,,<j C'1':v Attor-n f'y s sl.;df a nd h i's t'.he ~.upport. of th e C 1.t '-' {·~.t.·· r't;·" c?n<1 hl.!:·· rt·c,.rE""-'""lOr•c:-1 st.c:t1 f - lhl' ne>ct n,cnt c::d U 11s proposed o r d1nanc:e would al low th e c 1ty to b er n f, t_ frc'"' the sal es of abandoned veh1 c l es. The ci t' would also h<'' t!,~· <•!I t, L:!1 t C' conv rt son,e-s J ec ted vehicle s to ~I S£' b y th e CJ t v, ~om Pt hlna that we have not e as 1ly don e in the past. SUGGESTED ACTION: MOVED BY ________________________ __ SECOND __________________________ __ YES ____ NO• _____ _,.,ABSENT ____________________________________ _ • I • (r • • • - BY AUTHORilY ORDINANr::E NO . COU N CIL B I LL NO ._?[j_ I N TRO DUCE?J> .BY COUNCIL ME MBER-V:)t..aci.LJ.)L a .. .u SEF< I ES OF l <18~, A B I LL FOR AN ORDINANCE A ME N D ING T il l .E XI OF T H E MUNI C IPAL 1-NiiLFWIJUD. COLORADO 1985 B Y ADDING CHAP T ER 1 A l<l LLILATII\113 THE:. TOWING, I MPOUNDING , A N D D I SPOSIT I ON Iii::. Iii r::LES IN THE C I TV OF ENGLEWOOD , COLORADO . CO D E IJF THE R ETO, OF 1'10TUR WHERE:.A S, the City of Enq l e wood d oes n ot n o w h ave an ord1nancP fnr such effective City aut h ority a n d regu l at i o n; NnW, lHEREFORE, BE IT ORDAINED BY T H E CITY CO UNCIL OF THE CITY OF E NGLEWOOD, COLORADO: !1F.'.Et.tnr.l 1 .._ lhat to T it l F.' Xl o1· the 1 9El5 E nql eowood Municipal Code, as mended, be added a n e w Ch apter lA , a s f o ll o w s: t 1-1A ·1 CHI\Pl E R 1 14 AliT IIlli-< [ I Y AND h'EGULA T IONS FOR TOW f N G, If'1f-'OlJNDlNH, DlSPOSITION CIF 1'10TOR VEH ICLES DEFINITION A s ll serl 1n thi s c h apter· of t h is ti t l ro~, tml ess the c ontext ot herwi se r e quires : "Vt":lhJ.c:lF~" mE~c:uJ s kHI)' df:vj ce wh1ch i~;, cap t~blf: nf •nD vlnl] llSGlf , or of be1nq mnve<j, from place tc.1 p!.:HF' upc.n IJhP..,.l s CJr (.~ndle ss tr ~uk s ; s,ucll tf~nn s , f·or the p~trprJse of tin s tJ r d1.nan ce , s hc~ll not l rtC] Ltcle a r I V far Ill j I' <I L tor· Ul c~nv i. fllf t l P fli Gn t nf hu sbandr y d <~s i11ned IHlfnar·ilv or e >:c lu ,lvel y Fur llSP a ncl ll "'t>d ln «q r icu ltltral ooer·at1on or cHIV dev1 ce moved hy muscular power. lhis c1eflni tion also mPan _ a n y s Plf -prop~Jled vohJc l• wh1~h 1s d •s1 qr1et1 pt· 'ir~c<t 1 I. y 1 or tr-avel on the pub l1 c.. 11 1q l1w ayc; <"'nrl wh ich i s oen1 ~r <~ll v a nti cnmrn1ml y u•;,t·LI t o tt·an si Hwt p~r-s on s <~nd proper-t v '•VP t · t he uu1Jl1 L h1qhway s . I • • • • • ll.-l.A-·2 II"IPOUNDMEI'IT OF MOl OR VHEICLES A Vehtcle, under any o f t he C ir cumstances set forth below, 1 s c onsir .l•~,··p d to bl? a n obstruction to traffic or a publ1 c nu1sance . Any po ll e e officer, at the direc t1on of the c h1 e f of p oll ee , 1s her eby authorized to remove or cau se to be removed , ~uc l1 o bstruc tion or nui san c e from any publi c o r pr·1vate way or· place wh e n ever s uch veh1cle: 1l is l e fl unattended upon a n y bridge, su bw ay , o r tunne l , or where s uch c onstitutes a n obstruc tion to traffic; viaduct , veh ic l e ::u l S J.p~j-un cd :tended upon a pu bli c way, a nd is s o disabled as to con stit ute a n ob s tructi on to l raf f 1c , and the person i n c har ge of that veh icle i s in cap ac itated b y r eason of intoxication or physi a l i n Ju r y to the ex tent as to be unable to pr victe for its c ustod y or appro priat e remov al; is l.e>i-t unattended and 1llegally parked s treet or ~ll ev illegally p a rked so ron s t1 tltte a h azar c1 or obstr-uction to t he movement o f t r aff1c; upon a as to normal 4) i s 1 F2 ft tt11 a t :tended on il.n y public st r ·eet with th e e ng1 11 e rt.tnning , cw w1th the k eys in the ignition s w1 tch or lock : ~,) 1s f-''""kPd 1n vio l ation u ~ a n y trattic or dinan ce, nnd L S -i\11 actual or pnten t1al o b str u ction or h aza1·11 tc1 any lcowf lll ·fun t1 on or llflllts t h e normal acc ~ss to a use o any publi c or private property; 6l 1s left with out a n operator, the operator wh o h as been ta k en into LUstnd y by L11e police d epartment, a nd the-vehicle, or f!JCJ t Cir veh1cle, would, tller·eby, !)e l 1~ f t unat. tended upon a c; treet or hi qhw ay o r· rps tr ic ted !lctrkinq a r P.c~1 or· n t ·h e r pub l it~ r·1uht u ·f WAY'; n ., s tiP:! ng uper et t .t ·rl upn11 t hP s t-rroet-nr oi.~wr plii,J u W <lY Lli til e o;1L y , i s <lp!J ·rently un<; fe due t.o h e Hl mF•c h c-·\lllt ;..,l c ur11JJ t~J C.Jr l or .is 111 ':..,LlC:h a cnndl t Jt Ji l I h . t. it . o.c..u I 11 noi: ll P 1 e qd l! y u p er t e J Uf.hlll i ll ·~ t"ll V s t.ref•t s o r other Otti:Jl't w.,y ; 1 , !,p l nq o p PF dtPd Ltpnn t h e. c;tl <J P t s t'l t o lh e r puh l l Wi'I V b y il fJPI"S t.•l l W11hC1ut c-1 Cllrr e nt H lld Vc<]J d oo e t ·~tor ·'", n r l.-ll a uff(?IJt ··:; l J ~....en~c ~ lJt 1 n -1101 tt oll\ ()f ll11~ r ·ps t1· 111 ion .... im~n s pd llp OII tllPJr l11 Pll 't', to t ~"''hLl P l·h e P t:t Ci •JII 'c:. 'Jflt1 t •:ilcu 'c.:i ur t llt"\u f f n ur llrPf1 S e h a~;::, b Pf.~ll <;t,~flC"':"I"\df:.11 d,. d P IIll ~d .. r"fVll~-f--fJ, U t'" Cw l1t0lle1l b y th t:"' c;l tt P of l '-.:.'7ltt.-Hl L t_, d tlrf h c t ~l~ l., rl t J l.ir .... F\rl G PI I drt V ~J r flrt.''-Pnt nnd I O J:.,.J a bll! tt l (J PC "'t ~\l ~4 1 1 lilo ! Vl'lll <:.1 1': I • • • 'i) 11 -1A -3 l) ',') 11 -[(\-If • • • i s t·o • u1d to be par-ked un at tended on -~ny pub l i r wa y i.n v lol ati on of the n~qlstr·aticm n;quir·e ,nent s of the State of Color-ado, or-has no visible req1 s tration number plates attac hed. IMPOUNDMENT OF UNATTENDED VEHICLE S Police officers are author-ized to remove, or-have r e moved, fr-om any publ1c r-ight o f wa y, o r-pr-ivate property when t h e owner-or occupant of the pr-ivate property does not clai m owner-shi p and spec ificall y •-·e qtte st the removal, a n y vehicle whi c h h as been Left un a ttended for-s even ty-t w o 172> cons ec utive hnur s , a nd sa1d vehjcle has been pos ted by a nol1 c e off1cer-with a noti ce that if such veh1 c le i s not move d so as to alleviate the nu1 sance tvi Llun seventv-tt"o 172 ) consecut 1vo hour-s, the n o ll. Cl? s t·1a l J ca 11 s e the veh1 r J. e to be r emov d dlld d.Lsposed ot. Pr .Lor to the i ssu a nce of the noti ce , thP poli ce ntficer-will record on sai d not1 ce : .;) make ot the veh1 c l e; It ) •:;c:r 1 a l number -· 1f a vall ab l e ; 1\ Vt21 11.c l r> '"1ll be tow ed when l e ft Ltnattended ·for !:.PvP!lt v hnu I 72 > co n sec 11t 1 ve ho11r s after be1 ng p<l s t·.,,d . lh e VP hi r.:l e w1!l bt'! rt e ld f o r at leas t ·tl'ftt>en (.1 5) rt.i!ys pt-:ior to he jnq di s po e d of. The not.Lftcat .Lnn oi t h e o wn er-a11J r11:.postt1on o f the :tmUtH.tr lli r>d vPh l t ·Jp J s se t. ttr h 111 sc>ction lA-·'1 of tht <-, c h apter-. IJ 1 ~lfJ(Jc:; J T InN Of-UNCLAIMED IMPOUNDED VEHICLE S Wh ~n ~vc r ve hi c le h as been 1mpounded in ac c ordan c e w ith or·ov1s1on s 11f ih1 s h a tlt r-• .::.rt cl tt CJ c la1m of m"n e r·s hlp <11' r1qhl to po ssess t o n h as been mad e or-, if ma d e . has not been p~'1 <~bl is h e d to t ·lt e s<d.Ls fo".tt:jnn tJf the c h ief rJf poll ee a nd no s u1 t cw ac tion to d etenn111r. s u c t1 c l.:~im lt as I H~f~n in~>Lll .1d e d ;~r1 d pPndinq 1 t-he' C lll.(2 f nf Pn l ir f:" may t1l ~~pn £;)t,_:. o f S U C h Vt~htt.!C~ by I:I 1P f o ll U Wll\fl il1(,d i1 S: I\ ll•t.: t l1lr>f uf on l l CP s lt .:-d l c-:H t st• t!CitJ ,·r t.u t ,eo ljl \c .. n Lo ~L L [h:!t'>l'ln·~ l t 1own by thr; chief u~ pullC:l"~ I:•J r l ·t lll• ~''' lntc•rt"-t 111 the ve hl c iP, wJLbin 'LI•Jr ·tv (.".0) d ave, 3.Fl·~~ unpottndmrm t of t h e v e l\i c !12 . rhl .: t tnt 1 t !' o,itdll Ltr · per surt<1 l 1 v clr>J. t vt?rPd , or-~.r.tt t ltv t '''-11 '1 tt~t f'CI or-C:'-'r-fl+lt>U 11\dLl tn the last lt ofJWI\ .t ddr f'4 -.~~ id t hP l-ttsl rH~s'"i nr· t, un' ot IIH· p Pr snn ll' bP !l o iLIL P •I . If nul otl\<>r-t..,l S£~ l11own hJ tht" 11h1 P ~ f) f p l' I $ pI 1 I. f: I tl Pfl t l t y 0 t ~.uc h j1 P I < .$1\ ., w J t J I )( ' oJhl..U ti P U H f)>n l.l\1~ Mul .,, V·~l\lt _!•~ Jlt V J ,j \)11 of u,,. +i t t P Jn ~111ltl l '•lll t't VP h Jt ·J p J ', llf!•f t ~P tl ll l' ffl~..~ ll\1 L l.C:0 ~·Jlll 1 Uill.(''\in= f'()bl • I • • ( • • • - al a n i t e mi ;:ed statement of t he amount of money due f or removal and stor age of th e vehicle as of the date of notice; a nd the cost of stor age per d ay tor con tin ued ~;t.or·a qe; bl a description of the vehicl e to 1n c lude, but no t be l i mi ted to : the VIN numb er an d the s tate li cense /regi stration ; c) a d e ma 11d that the a mount due, a s s t ated in th e noti c e, a nd all additional c latm s that s hould ac crue, mu s t be p a id in full, a nd the right of the pos sess ion of the veh1c l e s h a ll be established to the s t1 sfaction of the c h ief of police; dl a statemen t that unless the a mount of the towing an d s torage due is paid, and t h e r u]ht t n possession o f the vr.o1 hi c l. e i s estab li s h ed to th e satisfaction of t t>e c h 1ef of police within fifteen (1 5) days a f t~r rece ipt of this noti ce . t he vehi cle w1ll be di spose ~ of by public auct i on or ot h er wi se, as d eter min e~ bv lh~ c h 1ef of police. ::! ) lltP. r:tn of of police, either in accordance w1 th th E' lt·rr11 c~ L•f the notuP sc>t fnr·th 1n thP p..-en~dtnq ··,•.tl'-pe>raor· ph ( 1) , l')t-w1 thout g 1 v 1 ng any not\ ce 1 f nn Ol"r son , 1 a1 rn1 nq anv 1 nt £:>rest 1 s kno wr• to the t.hte ·~ of pol t r•' .ft."!r dtl1g m\1: s ear·ch, 1.;ill ~PC l Ar p t t 11 • Vf~l11 e l l? «b a nd c111 e d a n cl s h a ll immedtalely th•~reaft.er t r·~,n s m it t:o th E• t.t tv 's purt h<:~sJ.nq off1 pr t l•e cus tod y of suc h vehi cle, toqel h er 1Hth a r.':lltscr ipt of infu..-mal .l rjn ..:~nd pro L>e cllr.n s c:oncPr nlnq t..he V'hi c l e. T i ll· CJty 's rurch s in a off1ce may the dispose of t h e vah l c le E?l t'h€•1' t'!y: IJ! cl _.p ,led btd: t-.r whPn l n Lhe hest 1udq~ment wf r•" ch s 1t1q offtcer·, a nv b1ds d1'odUV rlniaq>Lt S tn t..tt~ c t ·ly , n u btd •• l'"f't.etvc:c.l, or· t h •~ vP ia cl~~ may llett-.<:t th R IJUbf'C I II f l 1"1 nt· h er W "YL , iJL>r"Cil ~•,!nq off1C:CI llli\Y d i •;pCISI? of vt .. ltlt 1 P I <I t l lP !JC~S-Jt {:ltht a lll"i~lll' pf c 1 t_ y , for t~:: (:t mp 1 ~: \J) t -:;t tldnqP fnr t.h•'? t .• 11~1110 It Ul ,_~qC' I f"l£:'; • pc<VHI!"'rl I a q ~--::nt:"v fur · tl.e ,:\r j...lo i\r •' lJ t l l ~ It: till ' i lw t..i.• _\I Pi I • • - • • • • 12l approp r1 ate the vehicle to the ci t y for use as a ci t y-o wn ed veh1cle ; cause all c o s t s of towinq a nd storage to b e pa~d ; a nd have th e ve hi c le registration and o wn ership tran sferred to the c 1ty ; (3) conver s ion to s crap metal. All ~t.tc h d1spos itions listed h e re unde~ 11 --11)-4 12) shal l terminate the city from any furth e r respnns1hl l1ty or dut y to futh er ret ai n o r stor e the ve lucle . ~~ When rlisposit1on is b y pub l1 c auction, the place of s -1~ shall b e the location wh er e the vehicle is c;tur .-.rJ c.•r 1 mp ot~nr1ed . However , if suc h 1 ocat 1 on i s patenlly uns11it a bl e for that purpose , th e ve hi c l e will be> tran sput"tPd t o a more suitablE~ placf~ d es 1unat ~d hy the city 's purchasing offi cer . The city s ptt~rh ·s 1119 office ~· s h a ll publish at l east once, but preferab l y more often, in t h e local offJLl~l newspaper, a not 1ce of the sa l e,whi c h s h 11 c.o nt in the following: i'l I dPscr i pt u :m of-the ve:>td c l e to tH~ so ld; h 1 st Leme nt. of when a nd whe r-e the s ~'l e ~~' 11 t.ul (e place. lh~ ~d l e w 1ll be held not l ess th a n fifteen davs It am the date of th1 ~ nnt1re. ( 1 5) 4·1 The city 's ptwc h as H1'1 cJ f ·fi c !?r-s h al l pay the a mounts c.lt tE' ·fnt· tnw1 n q a nd stor-a ql'J of the ve hi c l e, tiH,! ,-easnnab l e e:·:pense for-the ttotice or c<cJve~ti sPmPn t, c<ll rl e~nd auLtl on fees, from th!~ pr0cends o+ the s le . lhe balanc e of t h e urocrt~u• •. , 11-Attv, will b e~ paid 1 nto the t.itv Lr -e n •·,~ v or~nt~r J.l fttnd .. :.> WhPn dllY "r .. llt r "lf · 1s uffE:?rPd for !:.;a lP c't" rttH t1c:H1 or ~ led llt II pur '" mt I •' I I1P l.c:t-ms of tin" sect .l on, 11tP c li V rHlrLitd' l ttq llffiC:t•r Clld V flllltnt111C.E' liH' l r)l d ffit"Jillll nt (f1c.H•It·:"_, t)t t"l :penS(~S \.ll nollt ~r-~. o dvPrti ~P m r>nt ~·nd sa lE.', <md tJ,.;,c..lc<r-that o~ll but ·.:. nll\-.1 I >•' "' •' .. r ~-;-, ui It\"> tntul amotlllt. [f nu buJ > i'\rP I f•CPJVE-<rl 111 l'i-~rp•sc:; Uf ~ftJ S to'l C:l l d.lfiL1llld, tlll .l Vl'ltt • 11' o,lt ll '"""' d~c _t •. u c •j s ol•! h.:> lilt~ t:J l-y fur \"It " dfflUltll{ Cd lltf~ttt~r-qt·(_: lJI.PWlb•?., 11 tri Y Vl''l\l t:..l(• I oft F.:~r ,d f'Jr c; I ,. \l .\l ..l•·_tl.on pLtrc,qoltt t.c• t:it ~ l.t~t h•. n~ 1hl• G < ctl<~ll dt ld 'ltl~t-P '·" n 11 l11d .for s rure£"'~ ttu- V'"''" r l •• •,It ~1 1 IJc> d._.c t.u r>d sCJl d tu Ltt··· c 11 y h>r til•' W rti•LIIll u~ !Itt:> clt ,u qt•c,. Itt t'!ther L•vr•n1. th e• vt··ltJClt • stt 1 l bt• pl' "d "' LhP ,_u "lt oclv uf l:ll •• ,,pr-vL•,. tPtdl ·r~ Jtul>lJ r wtttl~ ... lliVl ';;)i ... •n .. ftl t t~u.· ~.tJJP ll~>tu •t t L "'" u nf t ltP L t l.y. ~·(\(,f-:::. • I • - ( • • • • • 6) Th e r·e '5 h a ll be no right to redemption or recovery f r·c•m an y sa le or other dispos1tion made pllr s uant to the terms of th1 s sect1on and, after a veh1cle h as been sold or di s po s ed ot pursuant to suc h term s , neither the city, nor any officer , agent or Pmpluyee thereof shall be l1able for a failure to d e l1 ver s uch vehicle to anyone claiming a righ t of n ;•d e mpt ion. ll··JA-t; DISPOSiliON OF IMPOUNDED VEHICL ES WHEN OWNERSHIP HAS BE EN ESTABLISHED i•JI1 rc·nrvPI'" a v ehicle has been 1 mpounded in accordance with , .. --,,v , s 1ons o f this chapter , a nd ownership h as been i·:dc~b l l r.h e d t n the sat1 s ·f a t1 c1n of ·the c:hief of poli c e, or Jern t un t<?. c l .:uon !Jus been made, the o wner or claimant ~~ill be n o tit1 ed o f the loc a t.1on at the veh icle and the owner 's ur c l a lm a n t's liabtlit y for all fees pending against the v t •ln l c•. 1l .') No vehicle will i mp o und unt i l 11 st or age are pa 1d . b e r ·e J e a sed fe es ac c rued from for· storage towtng 1 1 th e v ehicl e 1 s not cl a imed with1n ftft.ee n d ays aft e r nott ce h as been gtven to r e mo v e v eh1 c le, t h r pro v 1 s 1on ot s ection 1A -4 of r n a pt c r s h a ll ~ppl y and the vehic l e may d1 s p oser1 o f 1n .:1cco rdan c e wti.h t h e provt s lOi o Dt s p n 'n ttrm o f lin e l a • me d Impound e d Veh1cl es . or and ( 1 5 ) the thi s be of ~~L~t t j_ <::'HI ,.I !tr't l l nn ( c:l.) a f ,'l m >'nd c~d tn a dd sLd Jse~c L lUll "> f1 i.le XI , Ch a pt e r· 1, Set.tllJn 1 , i s (5 ) a nrl (6) t o rea d a s follow s : 11 -l -l : (5) SPr t1 on ~2 20 o f Artt c le XXli 1 s deletrd (n ) ~'lertlo n '2 2-2 1 o f l'lrt1 c l e XXII 1 s del e t e d J nt 1 ndt~c ~:<cJ. l"e <•ll 1.n I u l J, .'\ll rl p aS !'C~d u n ~l rst rca d1 tlfl 0 11 l t1 • tla v r]l .l ''Jl-! r·uu 11 •;h P• 1 ,. _, l.IJ ]] 1 <Jt] f llr fl (II r !J fl<l i H C' Ofl • I • • ( • • • • Atl ::!St : ex offlCLO C1ty Clert-Treasure I Garv k. H1qbee, e x officio Citv Clerk-Treasure of the 1~1lV of E nalewood, Co l orado, hereby certify that ·the a bove ,,,i'J for egoJ nq 1s a tr·u e , accurate a nd complet f! co py o·f a 81ll for an Ordinance introduced , read in full, and passed '''' f i t··st:•· e.:\dlnq on the,.~ --·-------------------------·day of 1. il3 --------------·- Gar y k. H igbee • I • • - ( • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM October 17, 1985 1/hf)l\ INITIATED BY City Manager t( Public Hearing ~~be ot Multi-family Housing Revenue Bonds ACTION PROPOSED _____ R_e_c_omm ___ e_n_d_a_t_i_o_n __ t_o __ s_e_t __ t_h_e __ d_a_t_e __ o_t __ M_o_n_d_a_y_, ______ ___ November 18, 1985 at 7:30 p.m. tor a public hearinq on the issuance of Multi-family Housing Revenue Bonds tor the Marks Planned Unit Development BACKGROUND The city of Englewood has received an application from the Chasewood Com pany for the issuance of multi-family housing revenue bonds to develop a 25.5 acre site west of the Waterford project. The site will be developed with approximately 600 units of rental apartments. on July 1, 1985, City Council approved Resolution No. 26, an inducement resolution declaring the intent of the City to issue bonds for the project. The Council has also set the date of October 28, 19 85, for a public hearing on the PUD. RECOMMENDATION council must now hold a hearing on the issuance of the bonds. We would recommend that Council set the date of Monday, November 18, 1985, at 7:30 p.m. for the hearing at which time the ordinance issuing the bonds will be on the agenda tor second reading. • I . ( ( Sherman & Howard a l«<• ........ •-••~ ._...... .._._...._ 2900 FIRST INTERSTATE TOWER NORTH 633 SEVE::O.'TEENTB STREET DENVER, COLORADO 80202 T Kl...EPHONE: 303 201-:'l900 TELECOPIEH: 303 298-Q940 TELEX: 4~68 Mr. Andy McCown City Manager Ci ty Hall 3400 South Elati Street Englewood, Colorado 80110 • • • October 16, 1985 llf eoU'TIIu.t o&wvaa .._ .. Jt_,j 8UIT& 700. W!:4.l'fPOaD PUCE 3 4ol'lo8a IIOUTB llllrKR.-T"a&RT PAJIJC'WAY DKHVaa. OOI.OaA.DO aoa31' Tat.aPao,.,. 3<Xl77~ T&UCOPt.aB 303 77~ sa..-.~~LO~ 8UtTa 30t.UNlHO aXC.HAHOa I!IUILDtNO OOLOIU.DO aPauroa. ODL0Jl.U)()80e()3 TaUPBON'a 303 41&-lii44Q TaLaCOPiaa 303 83&-4878 lN .. NO, NEVADA. Hll C... oloLipba IIDIII!rwta. r.c. POeT OPPIC& ttOX 3780 a&l«>, HlrV41U. 88D08 ft.U.PHOX. 708 383·1801 ftlACOPJ:aa 70a :we-rartO City of Englewood, Colorado Variable Rate Demand Multifamily Housing Revenue Bonds (HG Venture Project) Series 1985 and City of Englewood, Colorado Variable Rate Demand Multifamily Housing Revenue Bonds (HG Venture II Project) Series 1985 Dear Mr. McCown: At the request of Jack Bruggeman, I am enclosing herewith a form of Notice of Public Hearing with respect to the issuance of the captioned bonds. The notice provides that the City Council will hold a public hearing on the proposed issuance of the bonds at their regular meeting on November 18, 1985. According to the financing schedule , that date will be the second reading of the bond ordinance. It is my understanding that the City Council at its regular meeting on October 21 , 1985 will set the public hearing for November 18, 1985. It i s my further understanding that you will arrange for publication for this Notice of Public Hearing not later than November 4, 1985 in the Englewood Sentinel. Thank you very much for your cooperation. RBB/sg Enc losure cc : Mr. Jack A. Bruggeman Stephen A. Thatcher Mr. Daniel Sheehan Very truly yours, f4i8WLv Richard B. Bowles • I • ( • • • • NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that at the regular meeting of the City Council of the City of Englewood, Colorado (the "City") to be held on Monday, November 18, 1985, at the City Hall, 3400 South Elati Street at the hour of 7:30 p.m., the City Council will hold a public hearing to consider the adoption of ( 1) an ordinance authorizing the issuance by the City of industrial development revenue bonds in the maximum aggregate principal amount of $13,500,000 (the "HG Venture Bonds") to finance a multif amily rental housing project (the "HG Venture Project") for HG Venture, a Texas limited partnership (the "HG Venture Partnership") and ( 2) an ordinance authorizing the issuance by the City of industrial development revenue bonds in the maximum aggregate principal amount of $19,000,000 (the "HG Venture II Bonds") to finance a multifamily rental housing project (the "HG Venture II Project") for HG Venture II, a Texas limited partnership (the "HG Venture II Project"). The HG Venture Project will consist of twelve apartment buildings, consisting of 280 units containing complete facilities for living, sleeping, eating, cooking and sanitation for use other than on a transient basis by one or more persons and functionally related and subordinate facilities (including land, furnishings and equi pment), located on approximately 9. 7 acres of land located north of Hampden Avenue near the intersection of Gilpin Street and Hampden Avenue in Englewood , Colorado . The HG Venture II Project will consist of sixteen apartment buildings, consisting of 352 units containing complete facilities for living, sleeping, eating, cooking and san~tation for use other than on a transient basis by one or more persons and functionally related and subordinate facilities (including land, furnishings and equipment), and a separate facility to be leased to several retail busine sses, located on approximately 15.8 acres of land located north of Hampden Avenue near the intersection of Gilpin Street and Hampden Avenue in Englewood, Colorado. The HG Venture Project will be owned and operated by the HG Venture Partnership. The HG Venture II Project will be owned and operated by the HG Venture II Partnership. The HG Venture Project and the HG Venture II Project will be managed by the Brentwood Properties Com pany. The HG Venture Project and the HG Ventu re II Project will be used to provide more adequate residential rental housing facilitie s for low-and middle-income families and persons w~thin the City . All interested persons are invited to attend the publi c hearing and express the~r views , both orally and in writing, on the proposed issuance o f the HG Venture Bonds and the HG Venture II 3onds and the location and nature of the proposed • I • • ? - ( ( • ( • • • • HG Venture Project and the HG Venture II Project to be financed by the HG Venture Bonds and the HG Venture II Bonds, respectively. Dated: October 21, 1985 CITY OF ENGLEWOOD, COLORADO /s/ GARY R. HIGBEE, City Clerk • I • • • • • .. - RFSOLUTION 00. :3 q SERIES OF 1985 __ _ A RFSOLUTION APPROVING AID SUPPORTING 'nfE COLORADO STATE LEGISLA- TURE AUTHORIZING 'nfE LEVY OF AN ADDITIONAL 0.1 MILL BY URBAN DRAINAGE AND FLOOD eotfl'ROL DISTRICT TO BE IEED FOR COOSTROCTION AND MAINTENAOCE OF IMPROVD-\Em'S ON 'nfE SOl1l'H PLA'M'E RIVER. WHEREAS, the City of Englewood (City) has been a public body included within the Urban Drainage and Flood Control District (District) since the adoption of the Urban Drainage and Flood Control Act in 1969; and WHEREAS, the City and District have worked together on several proj ects of benefit to the City; and 'lfiERFAS, the District recently coordinated the dellelopnent of a master plan for the South Platte River that involves all the local governments along the River, including the City; and 'lfiERFAS, a total of $68 million of flood control improve- ments and $665,000 in annual maintenance needs are identified in the master plan in addition to recreation improvements, and a long term and dependable funding base is needed to implement the master plan recarmendations; and WHEREAS, the South Platte River is the largest drainageway i n the District and receives drainage and flood flows from through- out the Denver Metro Area; and WHEREAS, the South Platte River is being del/eloped into a va l uable recreational corridor enjoyed by citizens from throughout the Denver Metro Area, and the cost of constructing and maintaining t hese improvements should be shared by all the citizens in the Denver Metro Area; and WHEREAS, the City has a great interest in the South Platte Ri ver and wishes to insure that adequate resources will be avail- abl e to dev e lop and ma i ntain the River as an important asset to the City and the e nti re Metro Area; NCW , 'nfEREFORE, BE IT RESOLVED BY 'nfE CITY COUN:::I L OF THE CITY OF ENGLEWOOD , COLORADO, t ha t the City approves and suppor t s the District being authorized by the Colorado State Leg i slature to levy an additi onal 0.1 mill to be used by the District for the construction and ma i ntenance of improvements on the South Platte River . APP ROVED AND ADOPTED the 21st day of OCtober, 1985. Attest: ex officio C1ty Clerk-Treasurer • I • - .. .I ( • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Q'lglewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of Resolution No. __ , Series of 1985. Gary R. Higbee • I • •