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HomeMy WebLinkAbout1984-01-03 (Special) Meeting Agenda• • I • • City Council Meeting -Special January 3, 1984 • • • • ~~~ ~c/ ICJK"f ~ # 't;-~-J'. ¢, S' --...,~ ........ ~ ~ -r, a. 3//;s-' • 0 • • • • • - ~~~ ~ ~ 1-3 -f~ ~ :#'~0 . 61, 0~. 63, 01- ~~0t.-M.I--~6G , 67. 6 !. 61. 1o • 0 0 I . • 7 :30p .m. 1. 3. v 4. 5. 6 . • • .. - AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL JANUARY 3, 1984 Jr -o)-1 /lftk> /iu Call to order, invocation by Reverend Clayton Nietfeld, Grace Ev Lutheran Church, 4750 South Clarkson Street, pledge of allegiance by Boy Scout T;oop #92, and roll call . \. ~~ Minutes. (a) Minutes of the special meeting of December 20, 1983. (Copies enclosed.) Comments by those going off the City Council . Mayor will ask the City Clerk to read the list of eligible newly-elected Council Members who will then be sworn in by the Honorable Louis Parkinson . Members of City Council are seated (in temporary spaces) and th Mayor asks the City Clerk to call th roll of th memb rs of the City Council nd th Mayor th n d clares a quorum present. M yor c lls for nomin tiona for Mayor ballot is us d, th City Cl rk and th will count th b llota nd r port th nd if s cret City Attorney r ults. P rm n nt 1 in nd calls for nominations s cr t ballot is us d, will count th IIi nm ntl will b giv n . • • Page 2 January 3, / ,8. t V.. 12. 13. 14. • • .. - 1984 Agenda Token of appreciation to retiring City Council Member Thomas R. Fitzpatrick will be given. Recognition of the families and/or guests of the members of Council. Election of the City Council Members to various boards and commissions. Designation of the legal newspaper . (a) Ms. Marsha Schwartz, l1anager of Legal Publica- tions of the Independent Newspapers, will be present to discuss designation of the legal newspaper. (Copies enclosed.) Pre-scheduled Visitors. (Please limit your pre- sentation to 10 minutes.) Other Visitors. (Please limit your presentation to ~t ~ 5 minutes .) dt<.l 'IU ' ¥au.-a~4«'~ ,._c,~ • -..-£{,._>) -y -f a -'>• ... u. p. uc t<t -£ ..-a"). c Public Hearing . Communic tions -No. Action Recommended . (a) (b) (c) 1inutes of th Downtown Developm nt Authority m e ing of November 9, 1983. (Copies enc1os d .) Minutes of th Bo rd of Adjustm nt and App als meting of Nov mber 9, 1983. (Copi s enc1os d .) Minut of th Public Library Board m eting of 0 c mb r 13, 1983. (Copi nclos d.) Communications -Action coram nd d. ( ) L tt r fro Mr. Edward D. P yn cone rnin hi r sign tion from h Court Advisory Commi t (Copi s nclos d.) (b) Council Co unica ion th \-/at r nd S w r Bo rd cone rnin Suppl m n o . 29 for Sou h Ar p ho S ni ion Diatric . (Copi nclo d.) • ) • • ( J p • • • Page 3 January 3, 1984 Agenda 16. Communications-Action Recommended (continued). Off~c) ~(d) Council Communication from the Water and Sewer Board concerning a yield analysis from Blatchley and Associates regarding Union Avenue Water Rights. (Copies enclosed .) Council Communication from the Water and Sewer Board concerning Infiltration/Inflow Analysis of the City Sewer System. (Copies enclosed .) 17. City Attorney. Ordinance on Final Reading . (a) Ordin a nce a nnexi n g 41 .6 3 acres o f real proper ty, 1 ~~ ~ more o r less, a s hereina ft er more p articularly Jn AJV ~ descri bed, to the City of En gl ewo od, Colo r ado . (/'"' \# o--~ (Copies enclos ed .) ' , oJ o-, -1 ' (b) (c) 19. C n (a) (b) Council Communication and Resolution extending t rms of office of the Court Advisory Committee . (Copi s nclosed.) Council Communication concerning Colorado L agu r qu st r garding participation in 1oun ain B 11 rate increase proceedings. enclo d .) Municipal the (Copie M na r'a Choic -1() -t.~U • ~J ral Diacu aion. M yor' Choic .-JN! ) ) ... / 7 r ))\ 1.. t ,t )>. Council 1 mb r'a Cho1 u ) • ) I • • • - • • " ~ t1 1-d aJ tlVJ..J1i f cr J I -3 -g ~ RdLL CALL 7 : 3D J. Jh . Moved Seconded Ayes Nay Absent AbstaIn Hlgday Neal F/f7, tU&tAA Weist Bi lo Bradshaw Otis (!fl £1 )JJ () l: dJAJ (Y_b-c; \..~~~JA_.I y~ 111-d..~ _) )_~<:_, , /~ J -~-#Cj (A._i lu '"1-l \ . jU l ) u J.) • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday v Neal v M.& ... .U~. v Weist v Bi io 1/' Bradsh-v Otis J/ ) • • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H loday Neal v ~ ·-v~ '" iA. Weist Bi lo v Bradshaw Otis ) 2 ~ ,, ~ /( ) • ( • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday Neal I r _j f,J..;a ... I Weist I Bi lo 1 Bradshaw I Otis I \ • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H19(fay NeaT .,. ~vcbe idle.. Wei s t Bi lo Bradshaw Otis c1 ~ ~ J~jj,).- • ~I {JJr~ o<f r~ g ~~~ ~ fwJ:Ut:uV -~L ~ e-n~hfi.-J .- -~ "1-h 6 &) . .I-~"' • ) • • • . . '0)1_~ 'h · • -~eJM Gun&_} () 7f:;z ?rJ~ A~r 'zu~ 7~ /)?MJ ~~ Abstain '-IJJ/;~ '7~0-<&Jau.) --t---j Q_:t; . .ar • I . . • • - 0 .~fl~J-·~ l~ ( J/ • ))Li l~-~U e1lti (_ u.neJ ,....-. ~!ucl~ r <u ' 0 a>)....,. ) OJ /-t: t~ r;;. tt:tl 7/L 1. rn. • 4...1 ;;<. 1-~ (// 1 yj 0 ·.:. J <. ~ ll1 "" • • • • • ,. • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday Neal ~ V.,JJ. J , Weist Bi to Bradsh- Otis (!.J ). • • - • • ROLL CALL Moved Seconded Ayes Na y Absent Abstain Hlgday v Neal v ~ v ~ Weist v Bi to 7/' Bradshaw v Otis L? • • • • • • ROLL CALL Moved Seconded Ayes N ay Ab sent Abstain HTgday I v Neat I ""' v I Weist I v Bi lo Bradshaw I Otis ~ ' • • • - • • ROLL CALL Moved Se co nded Aye s Nay Absent Absta i n v Hlqday ,_......... Neal y- v t--- Weist ~ Bi lo (/" v Bradshaw v Otis v • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday v v Neal v . k ~ v Weist v v Bi lo l/"' Bradshaw v Otis y I . • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday Neal ·,.~. v Weist Bi lo Bradshaw Otis I • • • • • .. • ROLL CALL Moved Seconded Ayes Nay Abs t en Ab stain Higday Neal -r v Weist Bilo Bradsh- Otis I . • I • • • .. • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday y Neal ...,... I[ v Weist ~ _Bi lo /,/" Bradshaw /,./' Otis _V f{.!D I . • • - • • ROLL CALL Moved Second d e Ayes Nay Absent Abstain 1-£/ tilodav I l Neal I I I - -"'""' :tt " I - Weist I I_...... Rllo Bradshaw / I Otis I \ '--=t r r /t , I • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent '\ Absta in v H1gday \ Neal T v I Weist I Bi Ia v Bradshaw I Otis ,- / • • • • • ROLL CALL Hoved Seconded Ayes Nay Absent Abstain -Hiocav Neal - -"-"-• II -Weist -Bi To -Bradshaw Otis __. I I d . I . • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain ~ Nea_!_ IL ••r-v Weist Bi lo Bradshaw Otis I . • • -• • • ROLL CALL Moved Seconded Ayes Nay Absent Abstai n 1-Hlcaaav Neal J:J~ " Weist Bi lo Bradshaw Otis I c3 0-£ ~ /'lt.~d~u • ~w.--J::·· N;r c(,u_;_ ()~-o-<'--- 13ql ~ Jt~ X.., Jll/JU 0 -_.VA--J J T g ! ~ ~ l" &J jJ) c-6v. Y'l-·?.J { Clu 1-' -~~r~u, I • - I . • - • • Moved Seconded A s Nay Absent Abstain J ; ~~ -1-, -i ~ Ne~ H'-~ ~ --I - Weist ~ ...l - .J!.ilo l ...!:::. I Bradshaw .l I -1::::: 1 Otis ~ c=: .1 C<.-- a I • • -, • • • • - ROLL CALL Moved Seconded Ayes Nay Absent Abstain I v Hlgday I Neal I "'-" I Weist I ~ Bllo II Bradshaw Otis ~ j't:-Rr~~~ J- foOj /,' y5{-~'1 ;u--..u..·--- I . . • • • - Ab ent Abstain Nay s Ay~s J Moved Seconded \ l Higday I I/ 1-Neal -c.. :1t !--~ I - -I Weist I --1 Bi lo \ ---.J r- Bradshaw ' I v T Otis I I ,__ • • - • - ROLL CALL Moved Seconded Ayes Nay Absent Abstain J./"" Higday \ Neal I " v I Wei s t I v Bi lo T Bradshaw \ Otis ' I • • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent AbstaIn v ~ay l Neal 1 v I Weist I l7 Ri lo I Bradsh-\ Otis \. j{y • • • • • . . • Moved Seconded Ayes Nay Absent Absta in ""' HlciOav Neal ~ I' v Weist - Ri lo Bradshaw ---1 I Otis { 1 • • • • •' • ROLL CALL Moved Seconded Ayes Nay Absent Abstain ~il}' Nea_!_ v Weist ...... Bllo v Bradshaw Otis L/ t(J... v\. > • J <~.)....-<1._ ')L( ( «J -1.-~L I ..!!.__ ";( ~ , ( , /. I v"" ,:o t (lt . ! ?Jt l ) I ). I t 1- ;' t tJ ~ -.l -J 4( • i ._.....; • • - ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday --Neal v -Weist -Bi lo -Bradshaw Otis - • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain ........ ~ \ Neal I v I Weist I Bi lo I Bradshaw I Otis \ "--.._ I • • • - ROLL CALL Moved Seconded I I - • HlciOav Neal Weist Bi lo Bradshaw Otis (~ /0 l. t ,_ t .12. ' n 7 (~'· ,. ~ ~ y' • • • Ayes N ay Ab sent Abstain I . • • • .. - ROLL CALL Moved Seconded Ay~:s Nay Absent Ab s ta i n v Hlgday Neal v Weist I Bi lo I ,..,.. Bradshaw Otis I ;(d- #I , • • , • • • • ROLL CALL Moved Seconded Ayes Hlgday I v Neal I v I Weist I ~ Bi lo --p Bradshaw T Otis l \_ ) I . . • • • .. • ROLL CALL Moved Seconded s a n Ayes Nay Absent Ab t 1 Hlqoav Neal .1:.. v Weist Bi lo Bradshaw Otis / /[ {/~ -j)d..tA & (li/LL?M--, /?Jd J-(' t/Yk--- 1 a ./'(t~ 1dt.---Pa-J-. /))-r-oJh.JJ ZLf I . • -• • • COUNCIL CHAMBERS City of Englewood, Colorado December 20, 1983 SPECIAL MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on December 20, 1983, at 7:30 p.m. patrick. and 1154. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Thomas Fitz- The pledge of allegiance was led by Boy Scout Troops IllS Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. * • • * * * * Also present were: City Manager Mc Cown Assistant City Manager Vargas City Attorney DeWitt Assistant Director of Parks ' Recreation Kuhn Deputy City Clerk OWen • * • * • • * COU NCIL MEMBER BRAD S HAW MOVED TO APPR OVE THE MI NUT ES OF TH E REGUL AR MEETI NG OF DEC EMBE R 5, 1 98 3 . Council Member Fit z patric k econd d the otion. Upon a call of the roll , th vote reaul ed •• follo ws: Ayea: Council M mb ra Hlgday , eal, Pitzpa rick, w 1st , Bllo, Bradahaw , Otis . Nay None . The Mayor d cl red h e rnotlon carried. • * * * * • * • • December 20, 1983 Page 2 • • • COUNCIL MEMBER BRADSHAW MOVED TO DESIGNATE THE WEEK OF FEB- RUARY 27-MARCH 3, 1984 AS •MISS ENGLEWOOD SCHOLARSHIP PAGEANT WEEK FOR 1984 AND TO FURTHER DECLARE SATURDAY, MARCH 3, 1984, TO BE •cAR- RIE LYNN CHRISTENSEN DAY MISS ENGLEWOOD 1981 -1983•. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Bilo, Weist, Bradshaw, Otis. None. The Mayor declared the motion carried. Mayor Otis presented the proclamation to pre-scheduled visi- tors Mrs. and Mr. Kriegel and Carrie Lynn Christensen. Appreciation was expressed by Carrie Lynn and Mrs. Kriegel. * * * * * * * Pre-scheduled visitor, Mr. C.A. Brown, 2743 South Acoma Street, was not present. * * * * * * * Pre-scheduled visitor, Mr. Jack Sachtel, representing the Arapahoe County Fairgrounds Association, was present. Mr. Sachtel stated he was present to answer questions concerning the annexation petition which was on the agenda. Council had no questions at this tim • COUNCIL MEMBER NEAL MOVED TO BRING FORWARD AGENDA ITEM 7(A ) WHICH WAS THE BILL FOR ANNEXATION. Council M mb r Fitzpatrick sec- onded the mot i on. Upon a c all of t he roll, the vote result d a s f o llows : Ayes: aya: Council MeMbers Higday , Neal , Fftz p trick , Bilo , Weist , Bradsha w, 0 is . None . The Mayor d clared the motion carried. BY AUTH ORI TY ORDI ANC NO. CO UN CI L !I LL NO. 68 • - December 20, 1983 Page 3 SERIES OF 1984 • • • A BILL FOR INTRODUCED BY COUNCIL MEMBER WEIST AN ORDINANCE ANNEXING 41.63 ACRES OF REAL PROPERTY, MORE OR LESS, AS HEREINAFTER MORE PARTICULARLY DESCRIBED, TO THE CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMBER WEIST MOVED TO PASS COUNCIL BILL NO. 68, SERIES OF 1984, ON FIRST READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Bilo, Weist, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * Pre-scheduled visitor, Mr. S.K. Stone, 3000 South Delaware Street, was not present. * * * * * * * There were no other visitors due to the special status of this meeting. * * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING THE MUNICIPAL CODE BY ADDING SECTION 22.4D, TITLED •LANDSCAPE ORDINANCE•. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Aye s: Council M bers Higda y, Neal, Fitzpatrick, Bilo, Weist , Bradsha w, Otis . None. T e yor declar d he o ion carried. City anager Cown stated the purpoa of th hearing wa to consider a nd en • o h co pr h naive Zoning Ordinance whi ch would provide or landscaping requir City of Englewood. Mr. cCo wn sta ed Sua n King ro• o Co uni y Development • I • December 20, 1983 Page 4 • • • was present in the absence of Director Sue 'Powers; and other City staff members were present at the request of Council. Susan King, 8020 South Tamarac Street, Senior Planner of the Community Development Department, carne forward and presented the amendments. Ms. King entered into the record the public notice ap- pearing in the Sentinel November 23, 1983; and a staff memorandum dated August 31, 1983 on the subject. Ms. King stated the landscape ordinance was one of the goals of the 1979 Comprehensive Plan developed by the Planning and Zoning Commission to provide quality development, create attractive living environment, encourage quality design, and promote compatibility between industrial and residential districts. The Commission would require a developer to provide landscaping plans at the time of building permit application. Ms. King clarified the requirement would be for new development only, not for property currently de- veloped. The property owner would have the responsibility of main- tenance. Ms. King stated no persons appeared at the Planning and Zoning Commission's hearing, and the Commission was recommending favorable acceptance of the ordinance. Ms. King entered i nto the record a landscaping c os t analysis sheet and a map denoting vac ant par c els for R-1-A, R-1-B, and R-1-C zone districts. Coun c il Member Neal asked if other communities in the metro area were requiring landscaping for individual single family dwelling lots or development before the house is sold. Ms. King stated some of the communities were. A survey reflected Arvada had no regulations; Lakewood requ i red a site de- velopment for all development but l ow dens i ty residential; Aurora and Gr e enwood Vill age had regulat i ons for residential areas; Littleton req ui red design review to determine landscap requirements in planned d e v elo pm e nts o nly. Co un cil Me mb e r Ne al as ked Ms. Ki ng if s h wa s fam ili a r with any co mmu n ities that re q ui r e a n up f r ont e xpense on the par t o f the d veloper , not the purchaser , to landsca p e in low density single-family areas. Ms . King tated he was not f mil!ar wi h any communi y aking such a requirem nt . Council M mb r Weist no t ed the maint n nee requirement was only for ne w construction or subs t antial r e modeling. At the request of Cou n cil Me mber N al , Cole n Sto well , Ci y Fores er , came for ward . Council M mber Neal as ed wha enforcemen problems would develop in t rms of the curren code • • I • December 20, 1983 Page 5 • • - Forester Stowell and City Attorney DeWitt stated the en- forcement would the responsibility of the Code Enforcement Division of the Department of Community Development. Council Member Neal expressed concern about a problem on South Emerson Street that the current code could not solve. * * * * * * * Mayor Otis asked if there was anyone in the audience wishing to speak either for or against the ordinance. Mr. Rick Ortiz, 3925 South Broadway, came forward. Mr. Ortiz opposed the ordinance because of the cost to the small busi- nessman and the amount of space it would take to meet the require-ments. Council Member Bradshaw pointed out there was a process through which the Board of Adjustment and Appeals heard appeals to ordinances such as this one. * * * * * * * Mr. Wayne Rosenbeck, Century 2 1 Real Estate, came forward. Mr. Rosenbe c k stated he was i nvo l ved i n two real estate matters, one a t 3900 South Broadway and the other at 4500 South Broadway. Mr. Rosenbe c k quer i ed if there was equity between the two, when the one at 3 900 South Broadway (owned by Mr. Ortiz) was being completely torn down and und e r the new ordinan c e would requ i re landscaping; and the one at 4 500 South Broadway where mi nimum development would not re -q ui r e la nd sca p i ng. * * * * * * * At the reques t of Coun ci l Me~ber We ist, Sue Ki ng c am e f o r- wa rd . Ms . Ki ng sta ted a develop r i n the B-2 zone wo ul d b e r eq ui red t o la nd sca pe lO t of the to t al land area being de v elo p ed . * * * * * * * There w re no further comments a this time. COUNCIL ME MBER FITZPATRICK MOVED TO CLOSE TH! PUBLIC HE AR- ING. Council Member Bilo seconded th motion. Upon a call of th roll , the vote resulted as follo ws: Ay a: Council Members Higdey, Ne 1, Fitzp trick, Bilo, W 1 t, Bradshe w, 0 is • • I • • • • December 20, 1983 Page 6 Nays: None. The Mayor declared the motion carried. Council Member Neal thanked the staff members in the audi-ence for attending. ORDINANCE NO. SERIES OF 1983 BY AUTHORITY COUNCIL BILL NO. 65 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, COLORADO, BY ADDING SECTION 22.4D, TITLED •LANDSCAPE ORDINANCE,• TO THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF ENGLEWOOD, COLO- RADO, AMENDING ORDINANCE NO. 26, SERIES OF 1963, AS AMENDED. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 65, SERIES OF 1983, ON FINAL READING. Council Member Higday seconded the motion. Council Member Weist objected to the ordinance on the basis that it included R-1-A, R-1-B, and R-1-C and the fact that at the time of application for a building permit the applicant must show detailed landscaping plans; and maintenance requirements were not practical. Council Member Weist discussed parking lot needs compared to the types of businesses as it related to landscaping. Mr. Weist stated the ordinance as written would discourage development and that i s not the intent. COUNCIL MEMBER NEAL MOVED TO AMEND AND DELETE FROM PAGE 2 UNDER •B. APPLICABILITY OF ORDINANCE STANDARDS. (1 ) (A)• THE FOLLOW- I NG •R-1 -A, R-1-B, AND R-1-c• AND ON PAGE 5 DELETE UNDER •(2 ) INDI- VIDUAL DI STRICTS:• ALL OF •(A) (1) -(4)• AND TO APPROPRIATELY RE- NUMB ER THE BALANCE OF THE ORD I NAN CE TO CONFORM WITH THE DELET I ON S . Council M mb e r Weis t second ed th motion . Upon a c a ll of t h e roll, the vote on the amend me n t resulted as follo ws: Ayes: Nay Council M mbera Neal , W ist , Otis. Council Members Higday , F itz p at r ick, Bilo, Bradsha w. The Mayor declared th amendment defe ted . • I • • • • • • December 20, 1983 Page 7 City Attorney DeWitt noted recommendations to the ordinance as a result of the recent passage of another zoning ordinance. On page 1, 22.4D Landscape Ordinance, paragraph a. Statement of Intent, insert •single• before •multi-family,•; on page 2, b. (1) (b), insert •and" between •B-1, B-2• and delete "B-3•; on page 7, (e) (1) delete •B-3• and the last sentence of this subsection. COUNCIL MEMBER BRADSHAW MOVED TO AMEND COUNCIL BILL NO. 65 ACCORDING TO THE RECOMMENDATIONS STATED BY CITY ATTORNEY. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Bilo, Weist, Bradshaw, Otis. None. The Mayor declared the amendment carried. Upon a call of the roll, the vote on the original motion resulted as follows: were: Ayes: Nays: Council Members Higday, Fitzpatrick, Bilo, Bradshaw, Otis. Council Members Neal, Weist. The Mayor declared the motion carried • * • • • * * * •communi c ations -No Action Recommended• on the agenda (a ) (b) (C) Minutes of the Housing Authority me ting of September 2 8, 1 98 3 Minutes of th e Urban Renewa l Au t h o r ity me e tings of Nove be r 2 and 1 6, 19 8 3 . Minutes of the P lanning n d Zoning Co isslon mee fng of ove•ber 8 and 15 , 1983. COU NCIL MEMBER PITZPA TRIC~ MOVED TO ACC EP T "COMM U ICATIO S - NO ACTION RECO MM ENDED • AG! OA IT MS S(A) -S(C). Coun cil M •b r Bradsha w seconded th mo ion. Upon a c a ll of th roll , he vo resulted •• follo ws: • I • December 20, 1983 Page 8 Ayes: Nays: • • .. Council Members Higday, Neal, Fitzpatrick, Bilo, Weist, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * Mayor Otis presented a letter from Mr. R.P. McClung res i gn-ing from the Urban Renewal Authority. COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT THE RESIGNATION OF MR. R.P. MCCLUNG FROM THE URBAN RENEWAL AUTHORITY WITH REGRET. Coun- cil Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Bilo , Weist, Bradshaw, Otis. None. The Mayor declared the motion carried. Council noted a letter woul d be sent to Mr. McC lung accept-ing his resignation with regret. * * * * * * * Cit y Man ager McCo wn presented a Council Communication from the Pl a nn ing and Zoning Commission concerning certain amendments to the single-family and medium density residence areas in the City of Englewood, and calling for a public h aring. CO UNCIL MEMBER BRADSHAW MOVED TO RECEIVE THE COU NCIL CO MMU- NICATION FRO M TH PLANNING AND ZONING COMMISSION AND TO REQUEST THE CITY ATT ORNEY TO PREPARE AN ORDI NANCE I N PREPARATION FOR THE PUBLIC HEARING. Council Me b r Bilo seconded the motion. Council M mber N al opposed. Mr. Neal at ted this waa a docu en that addresses the very problema discussed with regard o th 1 ndscaping ordinance. Mr. Neal a ated he personally opposed home occupa ions in R-1-A r a, and shared housing arrangements in he formalized legal framework in R-1-A, R-1-B, and R-1-C areaa. Upon a call o! the roll, he vo e resulted aa follows: Council M mbera Higday, J zpa rick, Bilo, rad haw, 0 is. • I • • December 20, 1983 Page 9 Nays: • • .. Council Members Neal, Weist. The Mayor declared the motion carried. Council asked for a presentation in a study session before the public hearing. * * * * * * * City Manager McCown presented a Council Communication from the City Clerk concerning a petition for annexation for the southern portion and second part of the Arapahoe County Fairgrounds property labeled Annexation Petition II. Mr. McCown stated Council had al- ready passed earlier in the meeting the bill annexing the first part and when it is accomplished for the necessary continuity, Council may annex the second part. COUNCIL MEMBER WEIST MOVED TO RECEIVE THE ANNEXATION PETI- TION LABELED ANNEXATION PETITION II. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Bilo, Weist, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * City Manager McCown present d a Council Communication from the Directo r of Wastewater Treatment concerning the purchase of two sludg pumps from McLemore Pump Inc. Mr. McCown stated the purchase was included in the 1984 budget and is part of the equip ent needed to renovate th old Englewood plant to add 3 gd at the facility. Mr. McCown stat d the Bi-City cr w would install the pumps rather than hire a private cont ra ctor . Mr. McCown recommend d award to the low bidder, McLemore Pump Inc. COU NCIL MEM8 R ITZPATRICk MOVED TO AWARD THE PURCHASE OF SLUDC! PUMPS PROM MCLE MOR PUMPS, INC. POR A TOTAL OP $13,498.00. Council M ber Bilo seconded the motion. Council M b r Bilo noted the purchase price was und r the engln r•a coat estima ed. Upon call of h roll, he vote resulted •• followa; • I • • December 20, 1983 Page 10 Ayes: Nays: • • .. Council Members Higday, Neal, Fitzpatrick, Bilo, Weist, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 59 SERIES OF 1983 * * * * * * * A RESOLUTION ACCEPTING THE RESIGNATION OF CITY ATTORNEY. City Attorney DeWitt stated his resignation would be effec-tive February 29, 1984 . COUNCIL MEMBER NEAL MOVED TO PASS RESOLUTION NO. 59, SERIES OF 1983. Council Member Bradshaw seconded the motion. Council Member Higday asked if Mr. DeWitt would continue his work in defending the City in the water tower case. City Attorney DeWitt stated he would consider continuing on the case as well as consider taking other cases on a •case-by-case• basis at the hourly rate stated in the resolution. Council Member Bilo accepted the resignation with regret and stated he appreciated Mr. DeWitt 's support. Council Member Fitzpatrick stated he opposed cont racting legal services as proposed on the basis he felt the City needed a full time in-house attorney. Mayor Otis stated Council already knew his opinions on this issue and reserved further comment. Upon a call of the roll, the vote resulted as follows: Ay a: Nays: Council M mbers Higday, Neal, Pitzpetr1ck, Bilo, W 1st, Bradshaw, Otis. None. The Mayor d clared the motion carried. Mr. D Wit thank d Council for past aupport end ateted in h long run this decision was best for th City. I • • December 20, 1983 Page 11 * * * * • • • * * * City Manager McCown presented a Council Communication from his office concerning Aid to Other Agencies for 1984. COUNCIL MEMBER HIGDAY MOVED TO APPROVE FUNDS AS ALLOCATED UNDER AID TO OTHER AGENCIES. Council Member Bilo seconded the mo-tion. COUNCIL MEMBER BRADSHAW MOVED TO AMEND THE MOTION BY APPRO- PRIATING THE UNAPPROPRIATED RESERVE OF $300 TO •MEALS ON WHEELs•. Council Member Bilo seconded the motion. Council discussed requesting that the agency consider in- cluding Englewood in its name as recognition as a major contributor. No action on this suggestion was taken. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Nays: Council Members Higday, Neal, Weist, Bilo, Bradshaw. Council Members Fitzpatrick, Otis. The Mayor declared the motion carried. COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE ORIGINAL MOTION AND TO AMEND THE MOTION TO HOLD AID TO THE LEAGUE OF WOMEN VOTER S. Council Member Higday seconded the motion. Upon a c all of the roll, the vote on the amendment resulted as follows: Ayes: Nay s: Council Memb ers Higday, Nea l, Fitzpatrick, Weist, Bradshaw, Otis. Council Memb r Bilo . The Mayor declared the motion carried. Mayor Otis sta d the mat er of aid to League of oa n Voters would be on the next study session agenda. Mayor Otis requested the Council consider appointing a Coun- cil M mber to the Board of Directors for •Littleton Cares•. * * * * • * * • • • December 20, 1983 Page 12 • • • Due to special meeting status, no further business could be discussed, COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Mayor Otis wished the meeting without a vote everyone a Merry Christmas and adjourned . ,,,. ·-~~£ 0[( ~ PJfi\City Clerk I . - • • • • • ~ndtpcndtnt ~t\uspnptt's The Honorable EIJ8ene L. Otis Mayor of Englewood, Col. 80110 and Mellber of The City Council Deceaber 15, 1983 J/ct, The Independent Nenpaper h&a been serving the c~ty since 1885. It has a fine re:ptat&tion for one of the finest PQblioatione in the state. The paper baa been rated first aDd second in c~ty eervioe by tlw lf&tional Ne'VIIpaper Association and is a consistent winDer in c~ ty service. We at the Independent would lilce to take this opportunity to faailiarize you vi th our paper and the services that we provide concerning your legal publications for the ooaing year. OUr oireulation bu grown and we ve nov distributing to 16,000 paid subscribers and tbeee mabere are growing rapidly. We do CoYer 50J' of s. &:~«levood and bope to expend this. Oar total distriblltion 1e 25,000. lie serve -U>apahoe County, South Jetferaon County and Korth Doaglu including Littleton, Dl«levood, Sheridan, Cherry Hille Yill.afJe and Greenwood Yill&6'8• lie are proud to eerrloe -U>apahoe County for publication of their V&rTante aonthly and the -U'apahoe County treasurers office for their yearly Delinquent '!'ax liete. We are a certified legal PQblioation and take pride in this eervioe that we prortde. I • encloein« a aedia pack eo that this will enable you to pt aoqu.Utted with our Pllblloatioa. I will &leo 'be repreMDtin« '!'be lllde)lelldent at the City Council ••tin« OD Jaaaary 3, 1964 at 7a30 P•••• If you han _..,. Cl1l8BtiOM I Will 'be 1101."8 than baPP7 tC\ anawr thea for you at this u .. ar 70. aay call • at 794.-6363. 'l"hBDlc You tar :roar attention in thia aatter, we feel we PQt o.t a fine pablioation and look farwrd to aerv!n« JOQ in the hture. Sincerely, -/17a t..JI'L.o-. *J'ri~Jh 1 1 t M&rab& Schv.:rt• Jllcr• Legal Publications Dept. -,-, 1 • • r: r.) • \ l I \. tJa r 'l • 1.1 p • I . - • • • - ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY 3535 S. Sherman -Englewood, CO 80110 MINU'T'ES November 9, 1983 /Sa.. Board Members Present: Close, Gassen, Holthaus, Kaufman, Mausolf, Maxwell, Neal, Pendleten, Tamooka Board Members Absent: Coleman, Owens Staff Present: M. Haviland, P. Dietrich Guests and Visitors: Andy McCown, Susan Powers, Dorothy Dalquist, John Pearce, J. D. Pearce, Gary Diede, Bill Taggert, Henry Burgwyn, Ed Cordova Chairman Casson called th regular meeting of the Board of DirPctors of the Englewood Downtown Development Authority to order at 12:15 PM on November 9, 1Q83. The first item on the agenda was the introduction of ue ts and visitors. ext, Mr. Vaufman moved, seconded by Mr. Pendl ton, to approve the minute from the October 27, 1983 Special Meeting. The motion wa pass d unanimously by voice vote. LITTLE DRY CREEK DISCUSSIO. -Mr. Henry Burgwyn briefly described th that wa aigned b tw en Brady and the URA on Nov b r 2, 19R3 for th redevelopm nt project. H indicated that th re w r e oin to b a variety of ya for financina th proj ct, an~ these woul occu r on a ttmel ha 1 . Included in the a r nt was an app ndix for datea for submi ion of red v loper financing and dates for th co cea nt of construction of iaprovem nts. A copy of the Agr ent that the tmA haa ign d with Brady d out to th Board embers. Tht will b on t a a da for di cu ion r Soard • e in . • • Page Two Minutes November 9, 1983 .. • • • Bill Taggert, McLaughlin Engineering, gave a presentation updating the Board on the Little Dry Creek flood control project. He pointed out that by changing the point at which the creek entered the underground conduit, the location and form of the water body west of Broadway has been sub- stantially changed from the original downtown development design. Discussion followed regarding the possibility of moving the creek chan- nel one half of a block to the west. Mr. Kaufman noted concern regardtng parking for existing merchants and employees on South Broadway during the redevelopment construction. TREASURER'S REPORT-Mr. Pendleton presented the Treasurer's Report as of September 30, 1983. Mr. Mausolf moved, seconded by Mr. Close, to accept the Treasurer's Report. The motton was passed unanimously by voice vote. CLEAN UP PROPOSAL -One of the main concerns expressed regarding this issue was that if the EDDA is going to undertake any clean up proposal, the City will have to enforce the trash ordinances. This program should be coordinated with the City's cleaning program. Mr. Close moved, seconded by Mr. Maxwell, to form a sub committee to look into this proposal. The motion was passed unanimously by voice vote. Mr. Casson will appoint this b committee during this next week. BROADWAY FACADE PROGRAM UPDATE -Penny Dietrich indicated that there were fourte n merchants/property own rs who had si n d for the d ign assistance prosr Al , one application had been submitted and approved for a low int r st loan. PROPERTY INVF.NTORY -r. Ga son noted that any further formal tudy of a propoert inv ntory at thi poin would b a conflict ~f int rest. LOCAL Vl'LO -The lxecutive Dir ctor will look into the pos.tbil tty of e a lo al acon0111ic d velopaent co'l'poration nc1 t t 1 infor.a ion at th n xt eo rd e tina. Thia wtll incorpora d r r location op ion and oppor unitia • tn no furth r bu in • th a tin a adjourn at 1:45 I . • • .. MINUTES ENGLEWOOD, COLORADO BOARD OF ADJUSTMENT AND APPEALS November 9, 1983 The regular meeting of the Board of Adjustment and Appeals was called to order at 7:30p.m. by Chairman Donald Seymour. MEMBERS PRESENT: MEMBERS ABSENT: ALSO PRESENT: Kreiling, Hallagin, Gage, Brown, Ferguson, and Seymour. Dawson. Dorothy A. Romans, Assistant Director of Community Development Susan T. King, Senior Planner Harold J. Stitt, Planner I Sheryl Rousses, Recording Secretary * * * * * The Chairman declared that with six members present, five affirmative votes would be required to grant a variance. BOARD MEMBER GAGE MOVED THAT THE MINUTES OF THE OCTOBER 12, 1983, MEETIN G BE APPROVED. Board Member Hallagin seconded the motion. Upon a vote all six members voted in the affirmative, and the Minutes wer approved as wri tten. * * * * * BOARD MEMBER GAGE MOVED THAT TH FIND! 'GS OF FACT FOR CASES No. 27-83 nd 28-83 BE APPROVED. Board M mb r Hallagin s cond d th motion. Upon a vote all aix Fact w ra approv d. mbera voted in th affiraativ , and th Findin a o * • * * * Th Chair.an atat d that th r re no continu d ca 29-and uth Bro dw od, CO ication of p atin , nd • • November 9, 1983 Page 2 • • .. Mrs. Romans stated that the applicant is requesting a variance to allow the continued use of a roof sign. This is a variance from Section 22.7-8 h - Signs Prohibited in all Zone Districts, Roof Signs. A roof sign is defined as a sign erected upon or above the roof line or parapet of the building or structure. The Chairman asked that the applicants come forward and be sworn in for testimony. Irene and Elaine Paulson, 4223 South Broadway, came forward and were sworn in . Irene Paulson stated that she rents two adjoining buildings. She uses the building on the north side for her shop. She stated that the building on the south sticks out so that her shop cannot be seen easily. The building sits on the property line in the front, on the south there is the other building, with a driveway on the south side of it, and another driveway to the north. She called the Board's attention to the letters of agreement from the owner of the neighboring properties. She stated that the sign was not lit. She said her business caters to senior citizens, and a sign is ne c essary for the identification of her business. She obtained a permit in 1969 to erect the present sign; and it has been there without objection ever since. She submitted t wo pictures showing the sign. Mr. Ferguson asked how much of the business depends on the sign. Mrs. Irene Paulson said that many people are drawn by the sign and drop in without appointments. Mr. Ferguson asked if a ground sign had been dis- cussed with the Building Division. Mrs. Paulson said that there was no place for a ground sign. Mr. Ferguson stated that a ground sign in the driveway would require only one foot of spaca: Mrs. Paulson said that the driveway is not part of her rented property, although she is permitted to use it during business hours. Mr. Hallagin asked if Mrs. Paulson had attended the meetings on the Sign Code. Mrs. Paulson said that she had not been aware of the meetings. Mra. Romans stated that not every business was individually contacted, although th re w re notice in th p p rs. Mr. Kreiling a ked if they were local p per • Mrs. Romans r pli d that they w r • not ah asked if the d if th re aw re that som alterations would nted. Mrs. Paulson said that she tated that the si n should be of the north buildin wall. Th ai n • Hr. Fer u on 0 ah could stat d th t d. nta. I • ' November 9, 1983 Page 3 • • - There were no further speakers in favor of the request. There were no speakers in opposition to the request. The Chairman asked that the Staff report be made part of the record, and asked if the Staff wanted to make any statements. Harold J. Stitt, Sign Code Enforcement Officer, was sworn in. He referred to the pictures which were presented by the applicants. He said that they could see that the existing sign has quite a few pieces of angle iron and guy wires. The Staff suggested that the sign be relocated on the north building wall, and engineered to reduce the angle iron and guy wires. Mr. Seymour asked if this would satisfy Fire Marshal Groditski's objections. Mr. Stitt said that in the past Mr. Groditski had expressed a concern that the roof be clear so that firemen could easily move around on the roof. He stated that the canopy of the building is right at property line, but the building fronts are angled back. When the sign is remodeled, it will have to conform with the Code in other matters; for example, it cannot project more than 30 inches into public right-of- way. Mr. Stitt said that in his opinion, the new sign will be much more attractive, and it will alleviate the concerns of the Fire Marshal. The sign will be visible. Mr. Gage asked if it would be higher than the wall. Mr. Stitt said that it would not be appreciably higher. Mr. Ferguson asked if a sign could be attached to a parapet wall. Mr. Stitt said that a projecting sign or a wall sign can be attached to a parapet wall. Mr. Fe rguson said that the attachment could damage the wall. Mr. Stitt stated that that would be taken into consideration when the applicant applied for a building permit. Mrs. Paulson asked if there was a grandfather's clause in the Code. Mr. Stitt stated that there was not. Mrs. Romans said that Mr. Stitt would be glad t o work with Mr. Abell and Mrs. Paulson. The Cha i rman a ked if the applicants had anythin further to add. Elaine Paulson said that even with the present sign, their business had been reduc d in th past year, and that th busin sa could not surviv without visibl ai n. They do h ve many walk-in customers. Mr. Kr ilin at ted th t the Board c rtainly did not wi sh to put the Paulsons out of business, and call d attention to the 8 neon and Hedges sign which is n arby and much lar r and more objectionabl than the Groom Roo 's si n. Mr. Seymour stat d that it w s likely that Hr. Ab 11 would permit the n a i n, a s th Paulaona are stable tenants. Th id that to permit th ci ar a totally unre onable. sign ca ea to co b for t "a little uy". a1naan lo d th Public H rtn tt ai n, while pickin on Mr. Seymour point d out that th }oard w a Firat ational I • November 9, 1983 Page 4 • • - down the sign, to move it or to replace it. Mr. Gage again asked what would happen if Mr. Abell would not permit the change of the sign. Mr. Seymour said they could handle that in the wording of the variance if they wished. He said that if the Board did not grant the variance, the sign would have to come down. They could grant a variance to leave the sign where it is, or to move it to a different location. Mr. Ferguson asked if a sign couldn't be put on the north wall which extends toward the sidewalk two or three feet, or if a pole sign could be erected on that spot. Mrs. Stitt said that that would be permissible within the Code. BOARD MEMBER BROWN MOVED THAT IN CASE NO. 29-83, IRENE AND ELAINE PAULSON, PROPRIETORS OF THE GROOM ROOM AT 4223 SOUTH BROADWAY, BE GRANTED A VARIANCE TO ALLOW THE USE OF A ROOF SIGN WITH THE PROVISIONS THAT THE SIGN SHOULD BE REDESIGNED AND RELOCATED ON THE TOP OF THE NORTH BUILDING WALL, AND THAT THE SIGN STRUCTURE NOT NOW BEING USED SHOULD BE REMOVED. THIS WORK MUST BE COMPLETED WITHIN 30 DAYS OF THE GRANTING OF THE VARIANCE. THIS IS A VARIANCE FROM SECTION 22.7-8 h-SIGNS PROHIBITED IN ALL ZONE DISTRICTS, ROOF SIGNS. A ROOF SIGN IS DEFINED AS A SIGN ERECTED UPON OR ABOVE THE ROOF LINE OR PARAPET OF THE BUILDING OR STRUCTURE. Board Member Ferguson seconded the motion. Mr. Kreiling asked how high a sign can be. Mr. Stitt stated that a ground sign can be up to 20 feet in height. Since roof signs are pro- hibited, there is no maximum height. A wall sign can be as high as the highest part of the building. Mr. Kreiling asked about the Benson and Hedges sign. Mr . Stitt replied that that is a billboard and, because of State and Federal law, the City cannot remove the sign unless it provides compensation to the owners of the sign. Some of those signs cost $20,000. Mr. Kreiling said that the City is doing the Paulsons an injustic e whe n the billboard i s permitted to stay. Mr. Brown said that the Pau lson had b en provided an alterna tive. If Hr. Abell did refuse to permit th si n to b r moved , t hey can come back before the Board. Mr. Ga agr d. Mr. F r uson said that they could put up a legal sign if they hav to. Mr. Halla in call d for the question . Upon a vote, th r w r fiv votes in favor of granting th variance, and on vote, Hr. reiling's, in opposition. The Chairman ruled that the vari nc wa s GRA. TED with the provisions mentioned above. Mr. "no" for this type of variance, He stated th t 1 si n w s rect d, it was approv d nd licens d and, h in pr vious Si n Cod cases , that no law or code can H felt that there were oth r p opl involv d in ti ia sp nt r h shin it, time should sp nt hie p rai1sion for c han in th si n. a" b au out o th r waa busin u. hardship, and h did n Th y r d to c p rata • 1th I • • • November 9, 1983 Page 5 • • - Mr. Brown voted "yes" because there were letters of support from the neighbors, and because the Paulsons need a sign which can be seen from the street. Mr. Gage voted "yes" because there was a hardship. If the owner of the building refuses permission for the sign, the Paulsons can come back before the Board because of further hardship. Mr. Ferguson voted "yes" because there are special circumstances in this case. He stated that they could, however, erect a legal sign. He had voted in favor of granting the variance only because the sign would be moved to comply with the request of the Fire Department. Mr. Seymour stated that there was a hardship, and they would correct a fire hazard; therefore, he voted "yes". The Chairman told the applicants to ontact Mr. Stitt for information and for a Building Permit. * * * * * DIRECTOR'S CHOICE. Mrs. Romans stated that Mrs. Firth was present. Mrs. Romans gave the Board Members copies of various letters of complaint from the neighbors. Mr. Seymour stated that the variance was to run only during the lifetime of Mr. Firth. Mrs. Romans said that she sent a letter in July asking that the operations cease. There was no response to the letter, and the garage was still being operated. Mrs. Firth stated that she had not received the letter. Mrs. Firth asked that she be allowed to continue to operate the garage until the end of 1983. Mrs. Romans suggested that that be p rmitted, if Mrs. Firth signs a statement agreeing that th use will return exclusively to single-amily use. Mr. Seymour objected, sayin that the variance was supposed to cease upon Mr. Firth's death. Mr . Romans su gested that an agreement be signed and r corded with th Coun ty. Mr. Seymour asked if there would b resistance to an imm diate order to c as operations. Mrs. Romans said they would probably re ist, and it would tak the same amount of time to nforce the order if it c th r tak n to Cour t. The Board a r d. nt • I • November 9, 1983 Page 6 • • .. inflexible, and should be improved. Front yard setbacks are presently 25 feet, which allows for no variation. Group homes are not permitted even though the State Law requires the City to permit up to 8 people who are developmentally disabled or senior citizens to live in a group home. Commercial trucks are a real problem, particularly diesel trucks which must be warmed up for a long time, and which annoy the neighbors. The current ordinance regulates the trucks in the garage, but not in the driveway or in front of the houses. Shared housing needed updating to permit a relative to live with a homeowner, but retain some independence. Ms. King showed a transparency representing the various residential zones on a screen. She stated that changes would be proposed in all the zone districts. Mrs. Romans showed on a map where the R-2 and R-2-C zone districts are. The difference between the two is primarily that R-2 permits four units attached; the R-2-C does not permit more than two units to be attached. Ms. King stated that currently uses such as churches and schools are allowed to be constructed on property having a minimum of 15,000 square feet of lot area and 25 foot setbacks on both sides. It is proposed that a minimum lot area of 24,000 square feet, with 200 feet of frontage be required. The Planning Commission has suggested dropping the front yard setback from 25 feet to 15 feet in all residential zone districts. Recreational vehicles are too tall for the present maximum height of 15 feet for garages, and it is being suggested that 18 feet would better accommodate the vehicles. Storage sheds are not addressed in the present ordinance; however, the proposed ordinance would permit them to be built on the property line if they have a one hour fire resistive wall along th property line. Mr. Ferguson said that a garage should also be permitted to the prop rty lin . Ms. King stated that sheds would be permitted to be no hi h r than 10 feet , with a maximum ar a of 100 square f t. Mr. S ymour at t d th t h presently had a storag ahed much lar r than th t. Mrs. Romans stated that under th pr aent ordinance, the lin d up accordin to s tback , and th n lot cov rage ia th propos d ordinance ther would be an nvelope within c an build. Ma. King demon trated how thia would work. buildings fi ur d. which a p ar With rson tri d that h would It w • r th atay aft r • I . • • November 9, 1983 Page 7 • • - The Chairman stated that in his opinion, the new order of the Staff Report is not as good as the old way. The rest of the Board agreed. Mrs. Romans said that it would be changed back. Chairman Seymour said that there was no further business, and adjourned the meeting. The other Board Members remained to discuss the proposed zoning ordinance. Mr. Seymour left, promising to attend the Public Hearing on November 15, 1983. Ms. King discussed Home Occupations, saying that if people make something in their homes, it can be sold from their homes. Avon products and other products of that kind could be sold door to door, but the sellers could not store the products for more than the current delivery in their house or sell from their house. Mr. Ferguson referred to the provision prohibiting the hiring of assistants, saying that they could be called maids. Ms. King said that the neighborhood often acts as a control. When people apply for a sales tax license , they are told of the provisions and will be made aware of the requirements. She said that the rules we have now are not explicit enough, and it is necessary to have stronger guidelines. The Home Occupation would continue to be conducted within the home, not the garage. The hours would continue to be open, except that noisy activities would not be able to go on in the evening or night time. Signs would be permitted up to 144 square inches in area, whi ch makes the provision consistent with the Sign Code . Mr. Ferguson asked if a lawyer could have clients coming to his house. Mrs. Romans said that he could have clients come to the house, provided that the area in which he meets with his clients is not more than 300 square feet. Ms. King said that any storage included in the occupation would be included in the 300 square feet. Day Mr. would not permitted Mr. F r uaon 1~ total, and hav mor hor p more with hobby, n 1ghborhood for on hia lawniiiC:JWe n w ordinance, allowing up to four children. St te didn't al o regulate this. Ms. King r d, p rmitted r children in th home. This would district. In the R-1-A more than four child ren oth r zon s more childr n would b d to th doubl Ma. Kin pr • r to he could could hav I . • November 9, 1983 Page 8 • • • No kind of commercial health care facilities would be permitted. Restaurants or wholesale or retail use of any items would also be pro- hibited. Anything that would be hazardous or flammable would be prohibited. All the home occupations would have to be registered with the Department and updated annually. Shared Housing has been suggested for the single-family residence, with a limited kitchen area. The second unit would have to be a part of the principal unit; there could be no more than one person occupying the accessory use; and the maximum floor area could not exceed 450 square feet. An extra parking space would not be required for that unit; but the unit would have to be registered with the Department. There would not be a grandfather clause, but the current nonconforming registered uses would continue. Mr. Kreiling stated that a nonconforming, but registered, sign should be permitted to continue. Ms. King said that that was not permitted under the present Sign Code. Mrs. Romans said that the disposition of signs which have been installed after being granted a variance has not been determined by the City Attorney. Mr. Ferguson asked if shared housing would have to be shared with a relative. He suggested that this would open up boarders and two-family use in a single-family unit. Ms. King said that it would be only one person, but it would not have to be a relative. Mr. Kreiling said tha t the phrasing had been upgraded, but shared housing meant two-family in the new ordinance. Ms. King stated that the other changes included the change for public buildings to be called public facilities to allow for streets, alleys, or anything that is for public use. Lot coverage would be changed to require 30 perc ent of the lot area for usable open space, instead of the present 25 perc ent permitted lot coverage. Of f-street parking currently is required to be behind the f ront 25 feet of the prope rty , a nd while a person c an still park in t he driveway which ma y be in th e 25 foo t s etbac k; that is not c onsidered one of th required s p ace s. I n the pro posed ordinanc e, parking in the f r ont y ard wo ul d be permitted , especial l y in areas which do not have al leys. Mr. Ferguson a ked i f a curb cut wo u ld be allowed for b o th s pac e s. Ms . Kin g said that it would be limited to 25 fee t. Mr . Fe r guson asked about the possibility of moving the curb toward the house t o allow parking along the str t. Ms. King agreed that th t could be possible. In th R-1-B zone district the ch ngea in lot the oth r changes would b basically t h sam district, exc pt that small child care c n t children would b allowed s a conditional u In th lesa than th • cov r e , buildin h i ht, as thoa in the R-1-A r for five to t w lve , with a Public Hearing. d nd I • November 9, 1983 Page 9 • • - per unit; building height would be limited to 25 feet. The minimum sideyard setback would be 0 feet at the common property line, and a total of 14 feet for the entire building. As conditional uses, group homes would be allowed as long as they are licensed by the State and have 24 hour supervision; also a small child center would be permitted as a Conditional Use. Mr. Ferguson asked the maximum number of residents which would be permitted in group homes. Ms. King said that 8 is the maximum number of developmentally disabled and elderly permitted under the State Law. Diesel trucks have become a great problem. The Staff is suggesting that a maximum weight limit of 7,000 lbs. empty weight be permitted and that no automobile trailer, bus or motorized recreational vehicle exceeding 22 feet in length, and no truck-tractor or semi-trailer be parked or stored on any zone lot. Ms. King called attention to the section on liquefied gas which was suggested by the Fire Department. In the R-2-C 750 square feet for single-family attached would be required instead of the 650 square feet permitted in the R-2. The R-2-C permits no more than two attached single family units. Mr. Ferguson asked about landscaping. Ms. King said that there is a proposed landscaping ordinance which will go to City Council on the 21st of November. Mrs. Romans invited the Board to the Public Hearing on November 14, and said that if they were unable to attend, but had comments, they could call her or Ma. King, who would pass their comments to the Planning Commission. The study session adjourned at 9:25 p.m. Sheryl Rousses, Recording Secretary • I • • • • • MINUTES ENGLEWOOD, COLORADO BOARD OF ADJUSTMENT AND APPEALS December 7, 1983 The annual dinner meeting of the Board of Adjustment and Appeals began at 7:00 p.m. MEMBERS PRESENT: MEMBERS ABSENT: ALSO PRESENT: Kreiling, Hallagin, Gage, Brown, Ferguson, Dawson and Seymour. None. Dorothy A. Romans, Assistant Director of Community Development Larry Yenglin, Planner I Sheryl Rousses, Recording Secretary * * * * * Chairman Seymour and Mr. Ferguson reported that they had attended the Planning and Zoning Commission Public Hearing on the proposed zoning ordinance. They stated that the new ordinance would cut down on variances because of the changes in setback requirements for front yards and the elimination of open area requirements. Mr. Kreiling asked why those changes were made. Mrs. Romans said that they had reviewed variances; and when there were a great many variances requested and granted, the Staff and Planning Commission considered changing the ordinance on those matters. Mr. Ferguson and Mr. Seymour expressed concern about the regulations on storage sheds, suggesting that they not be permitted on property lines, and that they should not be so stringently limited in square footage nd height. Mr. that h f lt that th Si n Code was a viol tion of th of many of th busin •• n. H said that if the City is r quir d to pay for th removal of billboards , it a unted to confi cation of private prop rty to r quire that En lewood bu in n r move and alter i n that were 1 gally erect d. He stated that h d that the City Attorn y attend the n xt tinA. Mrs. th t sh had requ sted that Mr. D itt tt nd the Dec mb r Mr. Fer u on atated that 1f a a1 n can b ud le al , the ownera b r quir d to it legal, rather th n th Bo rd rantin th ra a v riance. Mr. c e Hr. s a r th Si tin in w • dj urn d at 10:00 p.a. • • • • • - /Se- MINUTES ENGLEWOOD PUBLIC LIBRARY ADVISORY BOARD December 13, 1983 Chairman Bob Currie called the regular meeting of the Library Advisory Board to order at 7:30 p.m. PRESENT: Bob Currie, Debbie Dix, Alfred Quaintance, Kay Van Valkenburg Dorothy Wheelehan REGRETS: Jerry Valdes, Barbara Bray, Lois Sterling ALSO PRESENT: Sharon Winkle, Director of Libraries Donna Gottberg, Recording Secretary Roll call was taken and a quorum declared present. Mr. Currie then turned the meeting over to Ms. Winkle for the Director's Report . Ms. Winkle expressed her gratitude to the Board members for their help at the Mayor's Tree Lighting Party and the Children's Tree Trimming Party. City Council has invited the Library Advisory Board to a dinner meeting on either January 5 or January 26, 1984. 83-31 MOTION: For the Library Advisory Board to plan to meet with City Council on January 26th. Moved by: Al Quaintanc e Seconded by : Dorothy W11eelehan Motion carried. Ms. Winkle extended an invitation for Board memb rs to go along on a van trip to V il Library on December 14. The closing of th Duncan Reading Center has been announced o he public and in- form tion h s b en d1 ributed. It will b closed on December 3ls , nd M . Ge chwentner w1ll be ph ing out th ~aterials through January. M . Winkle gav a br1ef report on th closur of the Library on the 2 th and nowstorm of ovemb r 26-2 re ardin now remov 1 for the Bookmobile s op A list of ter1als r c n ly purch d for the Health and In oraation collection w s di tributed to the Board. Th r Erni And rson, th Libr ry in J nu n Rock~< 11 "Four Fr edom " pr nts, purch s d in • ory o tot 1 o $1 s. All four print will be displayed 1n Th joint eting of h Ar p hoe County Librari s w 11 b held Janu ry 10 Lit 1 ton Public Libr ry at 7:30 p.a. Th y will have a pr entation on C n h1p/Int 11 edo Th r gul r L br r Adv ory rd • ng 11 thi JOin • ont nued .•.. • th • • -• • • -2- Please note that Februar~meeting is the first Tuesday of the month. This is the organizational meeting with election of officers. Ms. Winkle gave a brief update on the volunteer recruitment program the Library is initiating for the Customer Service, Video Programming and Book Sale. These positions will be advertised after the first of the year. An open discussion followed with considerations to be addressed in the design of a new Library facility. Ms. Winkle gave background-to-date on the Downtown Re- development Project to bring the Library facility into perspective. Chairman's Report The Colorado Library Association (CLA) Roundtable passed a resolution on the Book Sale thanking the Foresters for their support. The Book Sale will possibly go to a two-day event in 1984 with the Foresters supplying extra volunteer help as needed. There was discussion as to whether the Board Chairman would prepare a poster pre- sentation regarding the Book Sale for the American Library Association (ALA) con- vention in 1984 to be held in Dallas. It was the decision of the Board not to participate. Members' Choice Ms. Wheelehan discussed the Roundtable Meeting of the Book Sale. Mr. Quaintance asked if the Board could take a more active Public Relations position with the Library and Library activities. It was decided this subject would be discussed further at the March meeting. No committee reports. No correspondence. No unfinished bus i ne s . The Stati s t ic 1 Report for ovember 19 3 was briefly discussed. 83 -32 MOriO.: That th Minute s froa th oveaber 8, 1983 Meeting be approved s written. MOVeerby : Al Quunt n Seconded by : 0 bb ie Di x Mot ion car rie d. M e t i na djourned t 9:14 p.a. 1 2-15· 3 d I • • Englewood, Colorado December 21, 1983 Hr. Eugene L. Otis, Mayor Englewood, Colorado • • • I") ... ' , .. ·~ ~-, : I l • I ·~ •. CIT':' ~ • .I \ ' /o,f'\i ·j '\,~ 1'1 _.. I,· iNJt c~·,\:.·t. Re: Resignation from Court Advisory Committee Hr. Mayor: General Motors Corpo ration has unexpectedly offered my wife, Ramona, early retirement in February, 1984. Although my plans were to continue as a member of the Court Advisory Committee, my wife and I are unsure how much time we will be in Englewood in the coming months. Therefore, rather than be unavailable for meetings, etc., I feel I should relinquish this responsibility. However, I will be available to serve on the committee, at your discretion, until a replacement is appointed. Serving on this committee has been a rewarding experience and I certainly hope I can serve our great community in the fUture. Respectfully submitted, Chairman -Englewood Court Advisory Conunittee. ~-.ell~_..._ Edward D. Payne EDP:rp cc: H mb ra of th Court Advisory Colllllitt • I • • • • .. • C 0 U N C I L C 0 M M U N I C A T I 0 N December 27,1983 AGENDA ITEM SUBJECT Supplement #29 South Arapahoe Sanitation Dist. INITIATED BY _______ s_o_u_th __ A_r_ap_a_h_oe __ s_an_,_·t_a_t,_·o_n_D_i_s_t_r,_·c_t_a_n_d_W_a_t_e_r_& __ se_w_e_r_B_o_a __ rd ACTION PROPOSED _____ A_P_P_r_ov_e __ a_nn_e_x_at_i_o_n_o_f __ ad_d_i_t,_·o_n_o_f __ l_an_d __ in_t_o __________ __ South Arapahoe Sanitation District INTRODUCTION A request was made by the South Arapahoe Sanitation District representing the owners/developer for annexation to the South Arapahoe service area . Inclusion of this land does not increase the tap allocation to the South Arapahoe Sanitation District. BACKGROUND INFORMATION a. The subject land parcel is approximately 9/10 of one acre. The existing zoning is 0, proposed zoning is M.U. The subdivision consists of four single family lots approximately 80' x 100' in size . It should be noted that the lots will access to a street, South Madision Court, that is already part of the s anitation distr ict . b Legal : Part of Lot 1, Block 4 of Arapahoe Es tates Subd i vis ion, Fili ng No . 2 , Ar apaho e County , State of Colorado c. Ow ner : Colorado Memorial Parks, Inc. FI NANCIAL DETAILS one. REC At th Dec r 13 , 1983 ting the Wat r and S r Board rec nd d that th City Council approv th an nexation of the property d crfbed tn Suppl nt 29 to th South Arapaho Sanitation District. • • • • • SUPPLEMENT NO. .2.3___ TO CONNECTOR 'S AGREEI~ENT THIS AGREEMENT, made and entered into by and between the CITY OF F.NGLEWOOD, acting by and through ita duly authorized Mayor and City Clerk, hereinafter referred to as "City•, and SOUTH ARAPAHOE SANITATION DISTRICT, Arapahoe County, Colorado, hereinafter referred to aa "Diatrict"l WHEREAS, on the 8th day of llovember, 1957, the City entered •nto a Connector's Agreement with the District concerning the connection of the Diatrict aewer collection facilitiea to the City'a aewage ayatem, which Agreement was modified, amended and re-executed by the partiea under the date ot Karch ll, 19661 and WHEREAS, said Agreement provides th4c additional service areaa can be included within the limits of the Diatrict with the written conaenc ot the City1 NOW, THERIPORE, in conaideration of the premiaea and of the mutual covenant& of the partie& hereto, it ia agreed as follower 1. The City doea hereby conaent to the incluaion ot the following deacribed additional area into South Arapahoe Sanitation Diatrict and agreea that aaid additional area may be aerved with the aewer facilitiea of the,Diatrict, and , that the City will treat the aewaqe diecharged into the Diatrict'a aanitary aewer ayat .. and into the City'a trunk Una tr aa d add t onal area, all in accordance with the Connector'& Agre .. ent bet en the City and the Diatrict aa n conatttuted. Accord n~ly, the ~hib1t "A" referred to in par rap 1 ot aaid Connector•• rea ant ia hereby nd d to ncl"' th toll in9 d ltlonal real pop rty, altu~ta ln o\r p Coun y, Color o, to witr h1bit "A" l'lt •• orth 1n par r aph 1 proviaion o aa d Conn ctor•a I ' n"' in f~.Jll t d • • • • • effect, and the additional area hereinabove included shall be subject to all the terms and aqreementa contained in said Connector's Agreement. IN WITNESS WHEREOF , the parties hereto have C-'USed their names and seals to be hereunto subscribed and affixed this __ day ot ATTEST: CITY CLERK ( S J:; A L ) ATTBST1 SECRETARY ( S E A L ------------' 1983. -z - CITV OF ENGLEWOOD 111\YOR SOUTH A~AHOE SANITATION DISTRICT ARAPAHOE COUNTY, COLORADO P Ri8I D!W'l' • I • --.......... -.... 0.980 ACRES • • - ~~~l• -'9iJ " . I II< AR.t.PAHOF. ES"r'ArES SI:RfJl'JI~~l\H4 FIL.ING rm. 2 1 KK .!I!i,:••;·""·"~ Kl.~h";l( ~ tor ; t (, !L.OC;< •l \ l.."lr I U·IOIIIIIO I'URPOII'I 1._ AllAI'AIIOI IUBDIV .. ON PI UNO 110, I --... 0 I.BOAI. DDCRIP'TIOII POR ·~\ / A ~r ee l of land lylnc In IM loulheatl ooo-quarter of lecllon 14 , Townehlp 6 Iouth, Ranrt II Weal of IM llllh Principal Merldlnn, r.ounly or Ara~hot , Stale of Colo ra<lo, mora ~rllcularly deMr lbed 11 follows: llcrlnmna D1 lhc moat northeasterly corner or Lol I lllouk 4 of Ar u1)4111oe F.atalo• Subdi vision Plllnr No, I II reCOf'ded in Oook U at ~VII 44 • 41 In IM Artpllhoe Co unty Clerk and R~n OWee1 lhiiiCt N 7203 9'1)" W, alone tho nortMrly boundary line or 1tld l.ol 1 a diltanee of 122 .14 fool to a point on IM northerly rlaht·of-way hne of Sou t h 'tladilon Cour t u dclit•c•tod on uld plat of Ar •r>ahoe l::1 late1 Subdivtllon ~·•hnc No . 21 IMnco •lonr said rtJhl-of·way line on a eurv to IM I aft havlnc a radlu or 1 u.oo reo!, a central I "~flo or U007'41", • chord that bear N 4100 $'11" w.an arc len11th ur 115.tt foal to a po n1 of tanc nay, thence N uon•u• w alone td northerly r il(hl-of·way I ne, a dulanee of'"·" fotlt th net N 3500 'II" t:, a dtl.ane of 1u•.•o tc '' thclnee I 14 3'4$" ., • d1 lance of 44 .31 I th II 1 o S 12031'13" L, a d1 lunet of 144.11 r II theMe 4f0!2'll" r., a dt tan of 112 .01 fttll lltene 17020'47" W, a dltartee of u.oo feat to tho l'otnl of llerlnnlll(l ullj 1 to oil u omenta nd r hll·of·way odu lnc an4J r. I r cord, and coni 1t1u11 0.010 wert • • tt v L, .. ·~:\; :.;:• ·.~ ... ~ TRI-CONSULTANTS INC . .. " ARAPAHOE ESTATES SUBD IVIS ION FILING NO. 6 I • • • • • • • EXHIBIT "A" COLORADO MEMORIAL PARKS, INC. A p4rcel of land lylfll In the Southeast ooe-quarter of Section 'i4, Township 5 South, R1010 61 W•l of the Sixth Prineipnl Meridil\n, C::ounly of Arapllhoe, Slate of Colorado, more particularly described as follows: Heginninl at the m01t northeasterly corner of Lot 1 Block 4 of Arepahoe Eatates Subdlvlalon Pili,. No. I aa recorded In Book 55 at pagn A4 Ill 45 In the Arapahoe County Clerk and Recordera Offlc~e; thence N 72039'13" W, alonr the northerly boundary line of said l.ol I a distance of 122.74 feet to a point on tho northerly right-of-way line of South :'ttadison Court u~ delineuted on anid plot of Aropuhoc E~tates Subdivision Fillntr No. 21 thence ulongsold right-of-way line on a curve Lo the left hnving a radius of 125.00 feet, n centrnl on~:lc of 53007'48", o chord thut bears N 46005'11" W,an arc length of ll5.9l feet to a point of tangency; thence N 72039'13" W alona sold northerly ritrhl-of-wuy line, o distance of 157.61 feet; thence N 35006'11" E, 1 diatance ot 108.40 foot; thence I 84003'45" E, a distance of 44.31 feet; thence S aoJ9'13" E, a dl s tnncc or 144.29 reel; thence s 49052'33" E, II dis tance or l73.0G reel; thence s 17020'47" w, • distance or 95.00 feet to the floint or Beglnnln~:; subJect to 1111 cusemonts ond rights-or-wuy cKis tln~: n!~~Vor.1 R_~~.rocord, und cuntuintntt ll.tlBO ucres • • I • • • • • C 0 U N C I L C 0 M M U N I C A T I D N DATE December 27, 1983 AGENDA ITEM SUBJECT Union Avenue Yield Analysis Study lb C, INITIATED BY Englewood Water and Sewer Board ACT I ON PRO PO SED, __ c_1_· t..:..y_C_o_u_n_c_il_a_ut_h_o_r_i _ze_B_l_a t_c_h_l _;ey:__A_s_so_c_i_a_te_s_t_o_:p_r_o_ce_e_d __ _ with the analysis of the yields of Englewood's Union Avenue water rights . 1/;D JIV--e ' ' . ...J 0 A ~o-' BACKGROUND '-~v-- On September 15, 1983, the Water Referee conclud~qn -his ruling that Englewood had a right to divert the full decreed 21.6 cfs under Englewood 's senior Petersburg right. He also ruled that a junior Petersburg right had been abandoned. Of the 21.6 cfs, 14.6 cfs was under challenge by various objectors and may be added to the City 's inventory if the Referee's position is upheld in the appeals process. As a result of the Referee's ruling, questions arise concerning the yield available under the Petersburg r i ghts. The conf i rmation of the more senior Petersburg r i ght s s hould result in an increase in the potential yield. A current wat er right analy sis s hould be undertaken to determine the potent i al yi eld s ava i lab le t o Engl ewood from its Un i on Avenue direct flow water rig hts. Some addi t ional re asons are : 1. Englewood would now wha the yields of its Unio n Ave nue righ t s are und r th Referee's decision and any varia t io ns s uggested by oppo nents. 2. Engl ood could determine if th r is an engineering basis for obj cting to non-us of t 12-30-73 junior Petersburg right. Englewood's exercis of t senior 11-30-1861 right will have an effec on t yield of t junior right whic h wa s ruled to ha ve been abandoned. 3. In th v nt th R f r 's ruling is up h ld , n ana lysis s hould b m d to d termin if su flc1 nt wat er fs ava f la bl to pro vid addition 1 water for 1 as purpos s to Mission Vi jo or oth r ntiti s and t mounts avail bl at al t r nat poin t of div rsfon. 4. An analy 1 uld provfd a basfs or evaluat on o t c of utur chan , transf rs, etc. of ot rs upon En 1 od's wat r righ s • • • - • • • • FINANCIAL Blatchley recOillllended the analysis be done by use of computer programs that would provide some flexibility and allow Englewood to obtain answers i nexpens i vely . These programs could be designed to reflect several sets of general criteria. The estimated cost of developing such a set of programs and using them initially to provide an evaluation of the yields of Englewood's Union Avenue rights for a ten-year study period is $10,000. $25,000 has been budgeted in account 109 01 31991, which is the Source of Supply Water Account for professional services. Our budget indicates that there will be an excess working capital of $484,108. We received $190,000 to date from Mission Viejo for raw water and anticipate at least $24,000 for the balance of 1983. This could be a source of revenue for the analysis of the Union Avenue water rights yield. RECOfi4£NDATION That City Cou nc il authorize Blatchley Associates to proceed with the ana lysis of the yields of Englewood's Union Avenue water rights. I • • C 0 U N C I L DATE December 27, 1 Cl83 INITIATED BY • • - C 0 M M U N I C A T I 0 N AGENDA ITEM lbd SUBJECT Infiltration/Inflow Analysis of the City's sewer system Englewood Water and Sewer Board ACTION PROPOSED _____ A~p~p_r~ov~e~t_he~B_l~ac~k~&~Ve~a~t~c~h~I~n~f~i~lt~r~a~t~io~n~/~ln~f~l~o~w_(~l~/~l~) ____ _ Analysis of the City's sewer system. INTRODUCTION (Refer to the "Proposed Scope of Services") The heavy precipitation experienced last year resulted in a substantial increase in flows at the Bi-City treatment plant. It is believed that much of this increased flow is due to infiltration/inflow and may be cost effective to correct. Infiltration/Inflow is considered cost effective to correct if the cost is less than that required to construct new treatment facilities for the volume of flow under consideration. The Infiltration/Inflow analysis proposed would evaluate whether the 1/1 is excessive and whether it is cost effective to correct. The cost estimate for the study is based upon the assumption that the City of Englewood Utilities Department will complete Items 1 through 9 of Phase I with Black & Veatch providing direction, periodic monitoring and checking calculations for these items. The analysis will be more economical for the Ci ty using this approach, but will require a great deal of manpower. Item 10, Phase I. will be completed by the City and checked by Black & Veatch. FINA CIAL DETAILS While th scope of th 1/1 Analysis is fairly w 11 defined, the actual amount of npo r r quired to complete each task will depend on the quality and qu ntity of information , t rial and data found to be available during the actu 1 study. Ou to th unc rtain n ture of this type of work, it is sugg s d that th ngin r proc d on 1 cost plus basis with a top billing 1 im1 . • I • • • • • • If ap prnverl , the City would begin monitoring some flows as described in Phase II, as soon as possible. The magnitude of effort ultimately required to accomplish Phase II, however, cannot be established until Phase I is complete. We suggest that $10,000 be allocated to begin this Phase concurrently with Phase I to provide a limited amount of flow data to compare to calculated amount of I/!. A top billing limit of $8,600 for services in Phase I; items 1 through 10, is proposed and that an initial $10,000 be allocated to begin Phase II services. RECOMMENDATION Approve Phase I items 1 through 10 of the Black & Veatch Infiltration/Inflow Analysis of the City's sewer system and a portion of the Phase II services. The upper limit for Phase I, items 1 through 10, shall be $8,600 and initial Phase II work shall be $10,000. I . • • - City of Englewood, Colorado Infiltration/Inflow Analysis PROPOSED SCOPE OF SE RVICES PHASE l 1. Secure !!lapS of Englewood sanitary sewer ,;ystem and of ,11 l san- itation district's that discharge into the Englewood system; determine drainage areas. 2 . Determine the t nch-mile s I sanitary t>cwC't":> within th•• EnglC'wolld ami ABsoctatecl district's sani tary sewer :>ystems. 3. Compile nge, construction materials, type of sewer joints , rnanho!C's , ancl depths of sanitary sewers. 4. Determine inch-milefl of service tines contributing to >ianitAry sewC'r ~ystem. 5. Compil~ sewa g gauging recorda at Wastewater Treutment Plant And elsewhere in system. 6. Compile complaints of sewer surcharging nnd sewnge backupR into baao.>m nt .• 7. Compile sewer maintenance recorda, procedures and equipm nt, nd problems within syat 8. Determin numb r of residential, com rclal, industrial, and instltuti•ln 1 units within each tributAry area of the a w r 11ystern. 9. Determi11e winter-time water us of residential, com rclal, indu - trial, 11nd institutional units within each tributary are ; det r- min~ nv rag 1 wag flow from various d velopm nt claaae1. JO. Calculat 11. ge 1 wa e flow1 from e ch tributary areo considerin contrtbutlon fro• v ciou dt>v lopm nt claa~t 1 llow n p r Inch-mile of llllitllry W r. tribut ry r a or u cord11. f 12. o.pU pr clpitation re ord fro n r t and IIKlllt approprt. t r tllfnll 1\AU in 1tatlon tor tributAry areal or totAl fl\'1/1, • • • • - City of Englewood, Colorado L' op0sed Scope of Services Page 2 13. Compare precipitAtion records with gauged sewage flows to determine preelpitation effec t s on sewage flows per trlhutary area or t o tal area. 14. Calculate quantity and time distribution of l/1 based on gauged sewnge flows and cAlculat<•tl wint<'r-time P.c wagc flo ws from devel- opment claoses, including allowable 1/l quantity per inch-mile of sewe r and precipitation occurences, per tributary area or total area. l~. Secure nntl review all stutlicH and repnrtH pn•pnn•d hy otlt<•rH relative to 1/1 occurrences, locations, quantities, sources, etc. 16. Inv<~litigate wastewater quallty Cl.!curds a t treatment plant t n ascertain any changes throughout year which may be attributAble to 1/1 d llution. l7. De terminc, if possible, from a vii il11ble records and Eng lewoud 's obocrvations, those areas of high ground water levels, when thot1c hinh levels occur, and what sanitary sewer11 pass through those arrn. 11nd could be nffect d hy thesc-hiRh nrouncl wnter l<'velA. 18. Frnm ahov if t/ 1 1 1/l m y ur investigation , cdculat Lon , 11nd compa risons , clrtc-rminc- xc ive or not, nd tf x sive , when and whc r the occurrin , and if infiltration or inflow is the major 19. Pr pare a brief auiiii!Ulry 1 t r report detailing results of atudy, if t/1 111 x ceaaive or not, wh r I/I 111ay b occurring, 11nd pre11 nt 11 pl11n of field lnv atlgatlona to v rlfy th conclus ions. PHA . 2 l. tn era 1 w r augina ahould ba u nttty, and typ ot I/ r; • I et 2 . in atatllln loc tton throu hout tha 1. Jan th of r or rly th Cor ll1•t r-• City of Eng lewood, Colorado Prop osed Scope of Services • • • Pag e J 4 . Compile precipitation records and compare with field gauging recortls to determine if inflow is occurring . 5. Calculate, for each gauging point, the quantity of base-line sewage anticipated f rom tributary area. 6. CalcuLate the inch-miles of sanitary ,;e wers a net inch-miJ es of service line in tributary area above each gauging point. 7. Calculate allowable I/I from tributary area t o each gauging point han•'•' upon i nch-mi les of sc>wPrs in trihutary aren . 8. Calcula te sewage flow and I/I anticipated f rom the tributary area of each gaugin g point and compare with gauged flow for both bose- flow pe riod and high I/I period . 9. Determine if excessive I/I is occurring in any tributary area. 10. Calculate quantity and time distribution of excessive t/I from any tributAry area. I L. Calrulate how excesaive t/I ill divided between inflow and infH- trntlon for each gAuged tributary area. 12. Prepare a brief summary letter r port givinr, result of gaup.in p rogran1, analysis of results, 11nd estimate of location, qu11ntity and type of I/ I. PHASE 3 1. From Phase 2, d tarmine inve a t tga tion. at ar re<juir additional study nd 2. TV selected r aches of a w rs in those ar as acl itional atudy and investigation; !nap ct manhol d for add- 3. Analyu r aulu of TV in p ction ; r lrulat ut p rcent of 1/I re h t'w r throuRh 11 jo lnt a , c-rat"ke!tl tliflt', poor 1 rvlce lin connect tons, aervic lin 1 , t1'. 4. or rehabilttatlnn to corr ct d flcienctea, h J/1 uld r •IUC <1, .nd stl t8 COIIt ur r • I • • City of Englewood, Colorado ProposPd Sc ope of Services • • • Page 4 5, Calculate the cost of providing treatment for sewage with and liithout the rehabilitation program and reduced sewage flows. 6. Make economic comparison be tween cost of rehnb ll i. tn tive program and differential cost of providlng treatment to determine the most cost effective course of action, 7. Prepare u brief summary letter report giving results of sewer inspections, rehabilitation program and cost, potential I/1 re- duction, cost of treatment, and economic analyses. ) I . - ORDINANCE oo. I SERIES OF 198~4--- • • - BY AU'ruORITY COUNCIL BILL NO. 68 INTRODUCED BY CXXJNCIL MEl1BER WEIST AN ORDINANCE ANNEXING 41. 63 ACRES OF REAL PROPERTY, MORE OR LESS, AS HEREINAFTER MORE PARTICULARLY DESCRIBED, TO 'mE CITY OF EN:iL~OOO, <X>LORAOO. WHEREAS, on December 14, 1983, a petition to annex addressed to the City Council was received to annex to the City of Englewood a certain unincorporated parcel of land within Arapahoe County, as hereinafter described; and WHEREAS, City Council, being familiar with the boundaries of the City of Englewood and taking notice thereof, finds that not less than one-sixth of the perimeter of the area proposed to be annexed is cont iguous with the City of Englewood, Colorado; and WHEREAS, the said petition for annexation is signed by the president and secretary of the owner of one hundred percent of the property proposed to be annexed, exclusive of streets and alleys; and WHEREAS, City Council finds that a ocmnuni ty of interest exists between the area to be annexed and the City of Englewood and that said area is urban and is integrated with and capable of being integrated with the said City of Englewood ; and WHEREAS, th City of Englewood can provid the owner with municipal services; and WHEREAS, th City Council finds that th proposed annexation compli with all the pplicabl provisions o the Colorado Municipal Annexation Act of 1965, amended; NOW, THEREFORE, CITY EN:iLEWOJO, CDLO BY THE CITY CDU IL CF THE • /(A I . {, • • - A tract of land in the SE 1/4, Section 9, and in the NE 1/4, Section 16 , together with the East 30 feet of South Windemere Street and part of west Belleview Avenue, in Township 5 South , Range 68 West of the 6th P.M. , County of Arapahoe, State of Colorado, more particularly described as follows: Beginning at the Northwest corner of the NE 1/4 of Section 16, Township 5 South, Range 68 West; thence S 0 degrees 02'44" E (basis of bearings being the North line of the NE 1/4 of said Section 16 having a bearing of S 89 degrees 57 '00" E, as shown on the Colorado State Highway Department's right-of-way maps), along the West line of the NE 1/4, said Section 16, a distance of 622.97 feet; thence S 89 degrees 57'00" E, parallel with the North line of said NE 1/4, a distance of 1768.30 feet to the Westerly line of the parcel described in Book 1978 at Page 176, Arapahoe County's Records; thence along said Westerly line, the following courses and distances: N 32 degrees 10'00" W, a distance of 155 .02 feet to a point of curve; thence along a curve to the right having a radius of 502.50 feet, a central angle of 27 degrees 15'00", an arc distance of 238.99 feet (the chord of which bears N 18 degrees 32' 30" W, 236.74 feet), to a point of tangency; thence N 4 degrees 55'00" W, a distance of 228.28 feet to the South line of West Belleview Avenue; thence departing from the Westerly line of the parcel described in said Book 1978 at Page 176, N 0 degrees 03 '00" E, a distance of 40.00 feet to the North line of the NE 1/4 of said Section 16; thence N 89 degrees 57'00" W, along said North line, a distance of 178.40 feet; thence N 0 degrees 01'58" w, a distance of 30.00 feet to the North line of West Belleview Avenue; thence N 89 degrees 57'00" W, along the North line of West Belleview Avenue, parallel with the North line of the NE 1/4 of said Section 16, a distance of 578.00 feet to the Southwest corner of the parcel described in Book 3619 at Pag 343, Ar pahoe County's Records; thence N 0 degrees 03' 00" E, along the Westerly li of the parcel described in said Book 3619 at Pag 343, a distance of 577.11 f to the Northwest corner of the parcel d scribed in said Book 3619 at P ge 343; thence along th Northeasterly line of the parcel scri in Book 574 at Pag 170, Arapah County's R ords, the following courses and distances: N 43 r 57 '00" W, a distance o 4.0 f t ; nee N 46 d r 57'00" w a dist nee of 648.00 f nee N 89 degr 12 '00" w, dls nee o 359 .80 f t to s li of t SE l/4 o id ion 9; , rt ng 1d Nort ster1y li , S 0 r 01 '58" !, long of sa1d SE l/4 , a dist of 105 • 9 f t to the Po nt of containing 1 ,813 ,336 8qU r f (41 .63 cr ), mor or 2 • • • • Section 2. This Ordinance shall take effect thirty (30) days after publication following final passage and, further, that all laws of the City of Englewood shall apply thereto thereafter. Introduced , read in full, and passed on first reading on the 20th day of December, 1983. Published as a Bill for an Ordinance on the 21st day of December , 1983. Read by title and passed on final reading on the 3rd day of January, 1984. Published by title as Ordinance No. / the 4th day of January, 1984. Attest: ex officio City Clerk-Treasurer , Series of 1984, on Eugene L. Ot1s, Mayor 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._j__, Series of 1984. Gary R. Higbee 3 I . ( • • • RESOLUTION NO. __ 1 __ __ SERIES OF 8 4 A RESOLUTION EXTENDING THE TERM OF THE •coURT ADVISORY COMMITTEE•. WHEREAS, the Court Advisory Committee is established and existing pursuant to Resolution No. 48, Series of 1981, and Resolution No. 12, Series of 1982; and WHEREAS, the Court Advisory Committee has been helpful in its advisory role; and WHEREAS, City Council desires to extend its term to December 31, 1984; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Resolution No. 48, Series of 1981, Section 1 thereof, is amended to read as follows: There is hereby established a Judiciary Administrative Review Commission composed of five persons, four of whom shall be residents of the City of Englewood, one of whom shall be an attorney. All members shall serve for a term expiring December 31, 1984, at which time Council shall review the merits of the Commission. Section 2. All terms of the current and future appointed members of the •court Advisory Committee• are extended to December 31, 1984. Section 3. All other provisions of Resolution No. 48, Series of 1981, and Resolution No. 1 2 , Serie s of 1 982, are hereby continued in their approved form until December 31 , 1 984. ADOPTED AN D APPR OVE D the 3rd ---day of Janu ry 1984 Ma y or ATT EST: ex officio City I, Gary R. Hf9 x officio City Clerk-Treasurer of the City of Engl wood , Colorado, r by c r ify that t h abov la a true , accurate, and co•p1 copy of ao1u lon No . 1 , S r1 s of 1 4. • • - •' ( • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJECT December 28, 1983 ;; 0-../ court Adv isory Committee INITIATED BY Gary R. Higb ee, Director of Finance ACTION PROPOSED Passage of a resolution extending the term of the Court Advisory Committee until December 31, 1984. BACKGROUND: The Court Advisory Committee was created by City Council pursuant to Resolution No. 48, Series of 1981 and Resolution No. 12, Series of 1982. This Committee is subject to annual review by the City Council befor an extension of term can be granted or not granted. The City Council m t with th court Advisory Committee on December 15, 1983 to review the merits of extending the term. At this m eting Council deter- mined an extension was in order. RECOMMENDATION: At the direction of City Council a resolution is being pres nted authoriz- ing the extension of th term of the court Advisory Committee un il December 31, 1984. . • ( ( C 0 U N C I L DATE December 29, 1983 • • - C 0 M M U N I C A T I 0 N AGENDA ITEM 18(b) SUBJECT CML Request concerning ~articipation in Mountain Bell Rate Increase proceedings INITIATED BY _______ C_i_t~:y __ M_a_n_a~g_e_r~~--~------------------------------ ACTION PROPOSED ______ t_h_a_t __ C_o_u_n_c_i_l __ a_u_t_h_o_r_i_z_e~p_a_r_t_i_c_i~p_a_t_i_o_n __ w_i_t_h __ c_o_l_o_r_a_do Municipal League in the Mountain Bell rate increase proceedings. Introduction The atta che d document from the Colorado Municipal League requests the city's participation in the PUC rate increase proceedings for Mountain Bell. Cos t of participation is 6¢ per capita which for Englewood would be $1,833.30. Englewood has participated in several of these rate hearings in the past on the part of both Mountain Bell and Public Service Company. We have always found that the funds have been well -spent and resulted in considerable saving for our ci t iz ens. In a related matter, and for your information, the CML Executive Board has decided not to similarly participate in the current rate hearings with the Public Service Co mpany. A story in Wednesday's edition of the Denver Post indicates that the City and County of Denver is going to head up simil ar effort i n the metropolitan area. We have not received any i n forms io n about this as of the date of thi writing (December 29) but will bring i to your a ttent io n when (a nd if) it is received. RecommendaJion R omm nd h City Counc1l uthor1ze participation with th Colorado unicip l l ague 1n th mount of $1,833.30 in the Mountain Bell rate incr a proc ding • I • • Colorado Municipal League TO: Mayors and Managers or Clerks FROM: Ken Bue che, Executive Director • • 1 500 Grant Street, Suite 200 Denver, CO 8020 3 (303) 831 -6411 ~· ,. i; I 1 ~2 J CITY t.lAN.\GEri'S.llFfiCt ENGLEWC OD SUBJECT: Participation in Mountain Bell Rate Increase Proceedings DATE: December 23, 1983 Mountain Bell filed on November 28 three Advice Letters and accompanying tariff sheets requesting approval from the Colorado Public Utilities Commission (PUC) of proposed telephone rate hikes . Specifically, in Advice Letter No. 1930 Mountain Bell proposes to collect $51 million through contractual arrangements between it and AT&T or, in the alternative, authority for a "monthly residual access charge billing" element which would be applied on a "bulk basis" to bring the total monthly access charge from Mountain Bell to AT&T to the equivalent of $51,400,000, which Mountain Bell says it is losing. In Advice Letter No. 1932 the request is for an interim increase of $33,200 ,000 with s flat rider surcharge of 7.38% for monthly rates under tariffs effective October I, 1983, excluding local coin calls and non-recurring (one-time) charges. This Advice Letter is filed as a contingency in the even that Advice Letter No. 1931, which calls for a permanent rate hike of $151 million, is suspPnded p nding hearing The proposed $151 million rate hike, and the on which th League is mos concerned with at this tim , is Advice Letter No. 1931. This Advice Letter w s suspended by th PUC on December 16, 1983, and will be heard as INS docket No. 1665. Under this proposal Mount in Rell ra e1 would b increased by 46.08%, (except for intrast te long distance esaa e telecommunication• and related 1 rvice and local coin calla, which uld 1ncr ase fro 20 cents to 25 cents, or a 25% incr a e). Th pendina rate ••an1tud of rat which conetitute AT&T. o c:urred. return on r urn on PU C. be c aue of (I) h proce dina• d eln e th d1veet1ture of 11'• aa or rate htke 11 no baaed upon but rath r on c oar-ny " 1tiaate1" for 1984 of d in 19 4 had divea ttura not al c o 1 tha th rete of uld 1/2% vhtch, with a ev r pr vtou ty authorlted by th 0 • • .. League participation will focus both on reducing the proposed rate hike generally and on protecting the interests of municipalities as telephone users. League part icipation is expected to address (I) preventing the Company from obtaining an excessive rate of return, (2) preventing the Company from maki ng un warranted pro forma accounting adjustments to operating expenses approved by the Commission, and (3) preventing the Company from utilizing an inflated rate base. The League may also address questions relating to cost allocations for certain services and e quipment of particular interest to municipalities as telephone users (such as private line service for traffic signalization and PBX and Centrex service and equipment), if disproportionate increases are proposed for those services. At this time the League does not know wh e ther certain services utilized extensively by municipalities will be singled out for large increases . While Mountain Bell has not proposed a Phase II hearing to restructure rates, our legal counsel believes that a restructuring of rates or another filing is almost an inevitable outcome of the first proceeding. Such a restructuring could be particularly onerous to municipalities if it involved certain municipal services, such as private lines for controlling traffic control devices. The Board voted to finance League participation by requesting a contribut ion of 6 cents per capita from all member cities and towns whi ch voluntarily decide to participate. Subject to the availability of funds, League involvement will include participating in hearings and other proceedings before the PUC, and possibly in related litigation and judicial review proceedings. The Executive Board also directed that, after conclusion of all proceedings and after deduction of accumulated i nterest, any balance remaining from these 1983 voluntary assessments be returned to participating mun ici p lities on a pro rata basis if such balance is in excess of 10 percent of the total amou nt r eceived . If such balance is 10 percent or less of the tot 1 amount , h balance will b trsnsferr d to the League general fund. As it has in th past, the League ntici pates seeking reimbursement for fe sand e xpens s incurr d in participatin in th r ate incress • While there ia no ce rtainty of reimbura m nt of the League's e xpenses, th Lea u h s in some prior PUC proceedings obtain d partial re im burse m nt wh ich has been r efund d to parti ci pating uni ci palities wh n not n ed d for p yment of fees of expert witnesses or ttorneys . CML Repr 1 ntation . Special Couneel Leon rd Caapb 11 a nd hie collee ue , Dudley Spiller, have been r tained to repree nt th Lea u • As w have pIt, special coun 1 in utility r t aatter1 11 n eded Iince COOl ion in th 1 a r quir a rtia in utility rate law nd torn y1 do not hav 1uch x rtiee . 1 atto rn 11 ia alr ady fully co .. itted to nte, and utili y rata pro din 1 tnvol xtenetv ti• alto plsn , subject to availability of funde , to xperta to teetlfy on b half of •untcipal end 2 • ttret 1953 . Ap renee 11 (1 6 • ra • ( ( ( • • • By way of recent examples, the League participated in a comprehensive manner in a rate increase case filed by Mountain Bell in 1980. In that case the PUC rejected the entire $78 million rate hike sought by Mountain Bell. The Commission's order is now pending before the Colorado Supreme Court. In a 1982 rate proceeding, Mountain Bell requested authority to increase rates to produce additional revenues of $127 .4 million. The League and other intervenors protested the amount of Mountain Bell's proposed hike and in November, 1982, the PUC issued its decision authorizing an overall rate increase of $38 ,51 0,000. The Phase II proceeding focused on how the $38,510,000 increase would be spread among rate payers. The PUC decided that the rate increase authorized in Phase I should be spread on an across-the- board basis, as urged by the League, rather than through a major price restructuring as had been requested by Mountain Bell . The decision was a major victory for municipalities which would have experienced large increases in charges in private line usage for traffic signalization and similar services, as well as for some PBX services. Under Mountain Bell's proposal, traffic signalization rates would have increased by as much as 1800 percent. The PU C's decision authorized a 6.79 percent across-the-board increase to be effective on September I, 1983, together with a few other rate adjustments authorized in the order. Reasons for Your Municipality to Participate in 1983 Rate Proceedings. 1. Participation collectively by municipalities will help ensure that your citizens, as customers of Mountain Bell, will have a strong voice before the PUC to oppose the prospects of large increases in telephone rates. 2. In addition to the dir~ct impact upon your citizen , the potential increased costa of telephone service for your municipal government far exceeds the 6 cents per capita contribution b your municipal! y. 3 . Your participation with other municipalities and the Municipal League will ag tn provide local officials with a unit d appro ch to address a co on concern . Action. Enclosed with If there ar any qu 1tion1 concernin Lea u involv o vrtt or call Kety Pr1 t, office ana er, or • th Your nt, plean • • • • Colorado Municipal League ( Eng 1983 Mountain Bell proceedings at 6 cents per capita ( ( • 1500 Grant Street, Suite 200 Denver, C O 80203 (303) 831 -6411 30,555 $1,833.30 I . .