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HomeMy WebLinkAbout1984-01-16 (Regular) Meeting Agenda• • - City Council Meeting -Regular January 16, 1984 • • • • 0 c!Ltt' 1 /~~ ~ uxd 0 >-I { ~ j· /(,j /~f'f. (/ ~/ J4;s- ~· . cl, ~a I . • • - • • • - • • • • - Q) ~~ /lUJ ;fU--~~. X '1-'I-. K J:~ '"~-;f,~~'l /).i:lu~ ~~ (tL) ~ :ffu~~ -~~~1.1~!$ ~ (b)~ ~i!b II/~~~~~ ~3-At ~-m.J-;d ., Fla.:J _ (c) ~.-f i !b ~ ~ ~~ ~l{!~d~. ~~~~ %~ "~~~~~·· (t~-}-a{c:.), ~~ g • • • • • - I . • • • - I . • • • - • • - • - • • • • - • • • .. - • • • - I . • • • • - • • • • - I . • • • - @ A. ~m~--LLv~ z nt~ c,w~ 'CIL~ .. -t~ ~ ~~ ~· ~· C4r) ~ /}"7!. ~~ 0{, ~0 ~-cu.,~~ K '!.. "-X-v._ -L.. • • • • • • • + l C-?'Yt tJ-{.0 "" A;o. r fh'- ~~~r;;:~~ X)(K Ylf'-~- ~~~~hlU ~~~~~~-~ &~~J)f'~. ~. 77..tle. yfLUU :£:;t;fL__ ~7'~ yu..J ~ ~ ~% rr':~ ~~~· ~ .. ~~~ ~Z) ;~ /!..~\" K "-~ ~~~ ' ~~~~ ,...........,. ,....;--_ ~ ......_._..~~ 4:_. I ~~'L4 .'ld ~n,. • REGULAR MEETING: • • .. COUNCIL CHAMBERS City of Englewood, Colorado January 3, 1984 /~ The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on January 3, 1984 at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Reverend Clayton Nietfeld, Grace Ev Lutheran Church, 4750 South Clarkson Street. The pledge of alle- giance was led by Boy Scout Troop 192. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatri c k, Weist, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present • • • Also present were: • • • • • • • City Manager McCown Assistant City Manager Vargas City Attorney DeWitt Mun icipal Court Judge Parkinson Deputy Ci ty Cle rk owen • • • • • COUNCIL MEMBER BRADSHAW MOVED TO APPR OVE THE MI NUTE S OF THE SPECIAL MEETING OF DECE MBER 20, 1983. Council M mber Fitzpatrick s conded th motion. City M n ger McCown noted corr ction On p ge 2 th prop r sp lling of the pre-sch dul d vis! e Arapahoe County Fair- grounds Association was Mr. Jack Sak al . On page 5 to Insert •be • in th s cond lin of h firs par betw en •would • and •the.• Council cc pted the correc ion • Upon a call oC the roll, th vote reaul d •• follo ws: • January 3, 1984 Page 2 Ayes: Nays: • • • Council Members Higday, Neal, Fitzpatrick, Bilo, Weist, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * This was the last meeting for Council Members whose term expired January 1, 1984, and were going off the City Council. Council Member Fitzpatrick gave farewell comments. Mr. Fitzpatrick stated he was sad at the completion of four years of pleasure and frustration. Mr. Fitzpatrick complimented City staff members and gave thanks to the citizens who volunteered their service on boards and commissions. Mr. Fitzpatrick stated teamwork would prevail in arriving at solutions to City problems; and if members know their policies thoroughly, the decision-making process will be carried forth. Mr. Fitzpatrick encouraged keeping in contact with upper level legislators. * * * * * * * Deputy City Clerk Owen read the list of eligible, newly- elected Council Members as: District I -William Vobe j da; District III -James Higday; and At-Large -Beverly Bradshaw and Eugene Otis. Mun icipal Court Judge Parkinson performed collectively the swearing-in cere mony. * * * * • • * Members of Council were sea ed temporarily and Mayor Otis asked for roll call. Upon a call of the roll, th following w represent: Aye s: Nays: Council Member s Higday, eal, Vobejda, Weist, Bilo, Bradshaw, Otis. Non • Mayor Otis declared a quorum present. • • • • • • * • I • • January 3, 1984 Page 3 • • .. COUNCIL MEMBER NEAL MOVED TO DISPENSE WITH THE SECRET BAL- LOTS FOR THE ELECTION OF MAYOR AND MAYOR PRO TEM. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Bilo, Weist, Bradshaw, Otis. None. The Mayor declared the motion carried. Mayor Otis opened the forum for nominations for Mayor. COUNCIL ME MBER HIGDAY MOVED TO NOMINATE EUGENE L. OTIS TO BE RETURNED AS MAYOR. Council Member Bradshaw seconded the motion. There were no further nominations. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Bilo, Weist, Bradshaw, Otis. None. The Mayor declared the motion carri d. * * * * * * * Mayor Otis assumed the mayorial position and open d the forum for no~inations for Mayor Pro Tem. COUNCIL MEMBER NEAL MOVED TO NOMINATE BEVERLY BRADSHAW AS MAY OR PRO TEM. Council Member Bilo seconded the motion. Ther were no further no~ina ions. Upon a call of the roll, he voter sulted as follows: Ayes: Nays: Council M ber Higday, Weist, Brad haw, o is. Non • al, Vobejda, Silo, Th Mayor d clared he o ion carr d • * * • • • * • • • • • January 3, 1984 Page 4 Members of Council were seated in permanent arrangement. * * * * * * * Mayor Otis and Mayor Pro Tern Bradshaw presented retiring Council Member Thomas Fitzpatrick with tokens of appreciation. tion. Mr. Fitzpatrick expressed honor and thanks for the recogni- * * * * * * * The new Council Members introduced and recognized members of families and guests who were in the audience. * * * * * * * Mayor Otis declared a rec ess at 7:50 p.m. Council recon- vened at 8:10 p.m. Mayor Otis asked for a roll call. Upon a call of the r oll, the fol l owing were present: Council Members Hi gday, Ne al , Vobejda, We i st, Bilo, Brad s haw, Otis. Ab se nt: No ne. Ma y o r Otis decla r e d a q uo rum pr s en • * * * * * * * COU NCIL MEM BER BRAD SHAW MOVED TO APP OINT CO UN CI L MEMBER VOBEJDA TO THE WA TE R AN D SEWER BOAR D. Co un cil Memb r Hi gday s eco nd ed h o ion . Upon a call of h e r oll , the v ote r esul ed as f ollo ws : Ay s: Council Memb ra Higday , N al, Vobejda , Bilo , w 1st, Bradsha w, Otis. aya: on • Th yor d cl red the otlon carried. • * * COUNCIL M R BR ADS HAW WEIST TO TH CITY/SCHOOL CO h ao 1on. Upon a call o Ay 81 Counc: 11 •• • • • • • TO AP POI NT COU NCIL M MBER M •ber Hlgday a eonded vo e reaul d a tollo was day , , o la. al , Vob jda , Btlo, ) I • • January 3, 1984 Page 5 Nays: None. • • • The Mayor declared the motion carried. * * * * * * * Under the agenda item entitled, •oesignation of the legal newspaper,• Ms. Marsha Schwartz representing the Independent News- papers came forward. Ms. Schwartz presented each Council Member with a news media kit and a 1984 calendar. Ms. Schwartz stated her posi- tion with the Independent Newspapers was manager of legal publica- tions. The intent of her appearance was to request consideration of designating the Independent Newspapers as the City's legal news- paper. In response to Council Member Bradshaw's question, Ms. Schwartz stated newspaper circulation numbered 3,000 bounded by Hamp- den Avenue on the north and Cherry Hills on the east. Ms. Schwartz inquired as to the costs for legal publica- tions currently paid for comparison to what Independent would charge. Council Member Bradshaw responded designation criteria was based on circulation contacts rather than publication expenditures; and it appeared Independent Newspapers did not meet the criteria . Council Member Higday asked City Attorney DeW itt to research what requirem e nts were necessary in order to designate a legal news- paper. Council Member Neal asked if was necessary at this point in time, to formally assign a l egal newspaper. City Attorney De Witt stated continuity would r main with the Sentinel Newspapers until the newspap r was advised other wise. City Attorney De Witt stated he would respond to Council Member Higday•s r qu s • Mayor Otis stated Council would report back to Ms. Schwartz. * * * * • * * There were no pre-scheduled visitors . • • * • * * • • I • • • • • January 3, 1984 Page 6 Mayor Otis asked if there were any other visitors in the audience, Bruce Jones, 1391 South Franklin, Denver, representing the Arapahoe County Fair Association, came forward. Mr. Jones urged passage of the annexation ordinance. City Manager McCown queried Mr. Jones because this was con- trary to the information Mr. McCown received from Mr. Sakdal another representative of the Fair Association. Mr. McCown stated Mr. Sakdal was willing to wait two weeks which has been requested by the City Council of the City of Littleton. Mr. Jones stated he had also talked with Mr. Sakdal and he interpreted there was no need for any delay. • • • • • • • •communications -No Action Recommended• on the agenda were: (a) Minutes of the Downtown Development Authority meeting of November 9, 1983. (b) Minutes of the Board of Adjustment and Appeals meeting of November 9, 1983. (C) Minutes of the Public Library Board meeting of December 13, 1983. COU NCIL MEMBER BRADSHAW MOVED TO ACCEPT •coMMUNICATIONS -NO ACTION RECOMMENDED•, AGENDA ITEMS S(A) -S(C). Council Member Bilo seconded the motion. Upon a call of th roll, the vote resulted as follows: Ayes: Council Member s Higday, Neal, Vobejda, Bilo, w 1st, Bradshaw, 0 is. Nays: Non • The Mayor declared h motion carri d. • • * * * • * City Man ger McCo wn presented a le er from Mr. Edward o. P yn resigning from he Cour Advisory Commi e • • I • January 3, 1984 Page 7 • • .. COUNCIL MEMBER HIGDAY MOVED TO REGRETFULLY ACCEPT MR. PAYNE'S RESIGNATION AND THAT A LETTER BE SENT TO MR. PAYNE ACCEPTING THE RESIGNATION AND EXPRESSING GRADITUDE THAT MR. PAYNE OFFERED TO STAY ON THE COMMITTEE UNTIL A REPLACEMENT WAS APPOINTED. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Bilo, Weist, Bradshaw, Otis. None. The Mayor declared the motion carried • • • • • • • • Assistant City Manager Pete Vargas presented a Council Com- munication from the Water and Sewer Board concerning Supplement No. 29 for annexation of property to the South Arapahoe Sanitation Dis- trict. Mr. Vargas stated the Board recommended approval. COUNCIL MEMBER BRADSHAW MOVED TO APPROVE ANNEXATION OF ADDI- TIONAL LAND INTO THE SOUTH ARAPAHOE SANITATION DISTRICT, SUPPLEMENT 1 29 . Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Member s Higday, Neal, Vobejda, Bilo, Weist, Bradshaw, Otis. None. The Mayor declared th motion carried • • • • • • • • Assistant City Manager Pete Vargas presented a Council Com- munication fro th Wat r and S wer Bo rd concerning a request for for Union Av nu yield analysis a udy. Mr. Vargas s ated funding for the study was available. COUNCIL MEMBER BILO MOVED TO AUTHORIZE BLATCHLEY ASSOCIATES TO PROCEED WITH THE ANALYSIS OF THE YIELDS OF ENGLEWOOD'S UNION AVE- NUE WATER RIGHTS. Council M mber Higday econded the motion. Upon a c 11 of the roll, the vo e reaul ed aa follow Ayes: Council Members Hlgday, N al, Vobejda, Bilo, w 1st, Bradshaw, 0 is. Nays: one. • I • January 3, 1984 Page 8 • • - The Mayor declared the motion carried. * * * * * * * City Manager McCown presented a Council Communication from the Water and Sewer Board concerning infiltration/inflow analysis of the City's sewer system . Mr. McCown stated following discussions with members of his staff he was recommending tabling this matter for two weeks. Mr. McCown stated staff expressed concern over the time required to do the analysis in light of other projects, in particular downtown redevelopment projects. Mr. McCown stated he wanted staff to reevaluate the scope and then report back to Council. COUNCIL MEMBER HIGDAY MOVED TO TABLE THE SUBJECT OF THE INFILTRATION/INFLOW (I/I) ANALYSIS OF THE CITY'S SEWER SYSTEM BY BLACK & VEATCH. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Vobejda, Bilo, Weist, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. ORDI NANCE NO. 1 SERI ES OF 1984 * * * * BY AUTHORITY * * * CO UN CIL BILL NO. 8 INTRODUCED BY COU NCIL MEMBER WEIST AN ORDI NAN CE ANNEXING 41.6 3 ACRE S OF REAL PROPERTY, MORE OR LESS, AS HEREINAFTER MORE PARTICULARLY DESCRIBED, TO THE CITY OF E GLEWOOD, COLORADO. COUNCIL MEMBER WE IST MOVED TO PASS COU CIL BILL 0. 8, SERIES 0 1984, ON FINAL READING. Council M b r Higday seconded the mo ion. COU NCIL MEMBER BRADSHAW MOVED TO AM NO TH ACTION 0 THE OROINAN C UNTIL JANUARY PLAN ING AND ZO NI NG CO MM ISSION; AND TO I NG ACK TH 0 01 ANC WRITTEN 1 TH. Council M mb r Bllo a conded PONE TO TH TOR N Y 0 TH TO I WITH h A D POST- TH MATT R CITY AT- CY CLAUS • January 3, 1984 Page 9 .. • • .. Council Member Neal pointed out the representative from the Fairground Association had asked for no delay, the City of Englewood would continue to operate in good faith, and the issue raised by the City of Littleton was really with the Fairground Association. Council Member Higday provided background leading to the action to pass the annexation ordinance. Council Member Higday stat- ed Council wanted to be cooperative but he was in a quandary with Littleton's request for a two week delay. Council Member Neal noted Council had no agreements or deals at the present time with these agencies. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Nays: Council Member Weist. Council Members Higday, Neal, Vobe jda , Silo, Bradshaw, Otis. The Mayor declared the amendment defeated. Upon a call of the roll, the vote on the original motion resulted as follows: Ayes: Council Members Higday, Neal, Vobe jda , Bilo, Weist, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried • * * • * • * * City ~ttorney D Witt informed Council several bills for ordin nc would be presen ed in th for hcoming me tings. Mr. DeWitt tr nsmitted information concerning regulating sno w removal prectic Mr. DeWitt stet d the building that once hou ed the adult boo s ore was vacant and up for rent. Mr. DeWit stat d the stor has b en removed from the City which was the final s ep. Mr. DeWit s ated he would b volvin he sewer dis rict in nor heas Council's dlrec ion. discussing th agreem nt in- nglewood and requesting • I • January 3, 1984 Page 10 • • • Mr. DeWitt asked for permission to have input in the method for selecting a city attorney. RESOLUTION NO. 1 S ERIES OF 1984 * * * * * * * A RESOLUTION EXTENDING THE TERM OF THE "COURT ADVISORY COMMITTEE". COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 1, S ER I ES OF 1984. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobe j da, Bilo, Weist, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * Ci ty Manager McCown presented a Council Communication con- cerni ng a l etter from the Colorado Municipal League requesting part i - ci p ati on wi th the CML in the PUC rate increase proceedings for Moun - tai n Be l l. Part ic ipation cost was based on $0.06 per capita and th e f e e f o r Eng l ewo o d wou l d be $1,833.30. Mr. McCown stated what mon i e s were no t used would be refunded. COUN CIL MEMBER BRADSHAW MOVED TO AUTHORIZE PARTI C IPATION I N THE AM OUNT OF $1 ,8 33 .3 0. Counc i l Member Neal seconded th e mo t i o n. Upon a call of t h e r oll , t h e vote resulted as fol l ow s : Ayes: Nays: Council Me mb ers Hi g day , Neal , Vobejda , Bilo , Weist, Bradsha w, Oti • Non • Th Mayor d clared the motion carr! d. * * * * * * * City Manager McCo wn noted the schedule of ~ee inga with varioua Board and Commissiona . Mr . McCo wn s ated his secretary, Pa Crow, tried o schedule one a month. * * • • • • • • I • - ( • January 3, 1984 Page 11 .. • • • Mayor Otis and Mayor Pro Tern Bradshaw thanked Council for the support in reelecting them to their respective positions. * * * * * * * No further business was discussed. COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 8:55 p.m. • I • • 7:30 P.M. 1~ 2. / ~,.t"'"" 3 . / 1\ .. ,/1 ..,/ 4. 5. • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL JANUARY 16, 1984 .JN ~' . ..J T Call to order, invocat1on by Reverend Thomas L. Kleen, Englewood United Methodist Church, 3885 South Broad- way, pledge of allegiance by Boy Scout Tropp 192, 1 and roll call. l....:fUu·~J.. Minutes. (a) Minutes of the regular meet ing of January 3, 1984. (Copies enclosed.) Pre-Scheduled Visitors. (Please limit your pre- sentation to 10 minutes.) Other Visitors. (Please limit your presentation to 5 minutes.) Public Hearing. Communications -No Action Recommended. (a) Minutes of the Urban Ren wal Authority meeting of December 7, 1983. (Copies enclosed.) (b) Minut s of th W ter of Decemb r 13, 1983. nd Sewer Board me ting (Copi s nclosed .. ) (c) Minutes of the Downtown Development Authority mee ing of December 14, 1983. (Copi a enclo ed.) • I • • • • • Page 2 January 16, 1984 6. Communications -Action Recommended. I (b) Council Communication from the Water and Sewer Board concerning Greenwood Village Supplement No. 7. (Copies enclosed.) Council Communication from the Water and Sewer Board concerning the infiltration/inflow analysis of the City's sewer system. (Copies enclosed.) Council Communication from the Urban Renewal Authority concerning fund transfer to the Urban Renewal Authority for property acquisition. (Copies enclosed.) 7. City Attorney. A Ordinance on Final Reading. (a) Ordinance amending the Municipal Code of the City of Englewood, Colorado, by adding section 22.40 titled •Landscape Ordinance• to the Comprehensive Zoning Ordinance for the City of Englewood, Colorado, amending Ordinance No. 26, Series of 1963, as amended. (Copies enclosed.) Bills for Ordinances. (b) Bill approving an agreement with the City of Sher dan, providing for mutual aid for fire protection for both entities. (Bill and Council Communication enclosed.) (c) Bill approving an agreement with Castlewood Fire Protection District providing for mutual aid for fire protection for both entities. (Bill and Council Communication enclosed.) Bill pproving an agr ement with B ncroft Fire Prot ction District providing for utual aid for fir prot ction for both entities. (Bill and Council Communication enclosed.) ( ) Bill pproving an agree ent titled •Join Recreation Agreement• providing for shared use of the Englewood High School Swim ing Pool. (Copies enclosed.) 0 her Ma era. A orney'a • ) I • -• • • Page 3 January 16, 1984 Agenda B. City Manager. (b) Council Communication from the Community Development Director concerning the applica- tion for the Community Development Block Grant Funds on behalf of the Colorado State- wide Development Corporation. (Copies enclosed.) Council Communication from the Department of Community Development concerning Community Development Block Grant Application for fiscal year 1984 . (Copies enclosed.) Manager 's Choice.-f~U 'f. to -0. ~LQ 1._/,1 ~ · ( f.J { q_J.., ~')(.\ ..../lLU./"f 0 1lv....-j (1'<>'l1U) 9. General Discussion. (a) (b) Mayor's Choice. '--~ 1 ci!i.V-' ll~ (i) Designation of the legal newspaper.~~~~ (ii) Election of the City Council Members to various boards and commissions. Council Member's Choice. ~a) g fL/ ~ ~ _L) 12. ,4_ _;. p I d --,._ }U p[i. )' f (J t 10. Adjournment. <-"'1 ~L~ 0-. .11~ _/:;;:e~~ PETER H.~ Acting City Manager PHV /s b 1'-1-tJ w 'IUt ,c,d[ ~ 'Y1..0 • 0 I • • • • • AGENDA ITEM ----PRESENTED BY ------ -;0_ jV'CUV /)') ~ 1: dofh"!. c ~ z: m .dtv ~ f1-/l){;~v ~'l V/f4: ~ n o~~ 'DJ ·"e..cd J""1 *q ~ ~--o/(/(l.VJ_~ u-4; YA_·L~ 'lne.. 1.C. tJJ~ "OLL CALL Hoved Seconded Ayes Nay Absent Abstain ~~ v Neal v Vobe1da v Weist ~ Bllo v Bradshaw }:-' Otis _v MOTION• • I . . • • • AGENDA ITEM _ __,_/_tl._.::._~_ PRESENTED BY -------- ROLL CALL Moved Seconde d A y~s N•y bsent Absu n HIQd•v Ne•T Vob .. -,da I Wei s t ¥ Bll o Tr Br•dshltW Oti s \ " MOTION: I • • • • • • AGENDA ITEM _cS:o.o:: __ _ PRESENTED BY ------- "Oll CAll Moved Seconded Hlgd•y Ne•_l_ V~Cia ~·t _.IJ Jo 8r•dsll..w Ot is MOTION: • • • • • - AGENDA ITEM PRESENTED BY -------- Mll CALL Koved Seconded Absu ln ."'""' __!t.lgday I v Neal I VO b tl'ldll I We lit Bllo _1 !::_ Bradshaw Otl'l l MOTI • • • - AGENDA ITEM '--'},/\ /J ·~ PRESENTED BY .LJU~l-'C.""-~G{:::.!c-.!:~~==-== ROLL CALL Moved Seconded Ayes Nay Absent Abstlln ' Hlg<IIY v .Neal I VOI:>elda I Wei st I .BJ lo I V" 8radsh..-\ Otl'l ' ( I . • • - AGENDA ITEM PRESENTED BY l2lc.... CffU '7A_J (;~~ (~~ ~"-'~ ~ of~ zU , d o-i > j {_ iA_u~ ?l t '<c J 0 ~ ; ~l _A,A..J-{U LL A./)~7.<....-/ ..A.<J Ao ~ IL -t<J M . w~-?'-ll.-U'l.<J fo j)Ud4A4--u-f_ -(__ (.;, ~ v-'/ ,_ J ~ {) / p()k[. z:J . / /U-'F~ t_f M c~ . r? c.l u "ihu f!'---~.c . "c -t .A... )t.... ~iAJ '¥JL A-6 J ... y-.. rt 2.'-'-e ;tor . Moved Seconded Ayes Nay Absent Abstain V' ffiqdav \ Neal I Vob.-,dA I weTst I Ill In v llradshaw I Otis \ '- I • • HOTI 'J I • • - • - AGENDA ITEM _(o;::___Q_.:::._, _ ROLL CALL Hoved Seconde d A ~ N ey Ab sent 5U n v Hlgday I Neal I Vob!'1da I Weist I Bllo _j_ k"'_ 8rad5haw I Otis \ '- • • • • - AGENDA ITEM & <!'_.., PRES ENTED BY ------- ( \..L '\ u...&-;, t ""l () U I (l u ~r 1 ~ tL &...7 [1. 1? ('l t 1._ ~ ( A,. "'\. "Y V ~ l 't.J"-( ,___.. () I ROLL CALL Moved Seconded lrrgif.-y Neal Vo~1di WeTst IIIlo er•d~h.w Otl!!> HO'l'I I • • • - 1~ AGENDA ITEM -----PRESENTED BY ;>({)£ W»- "Oll CAll Hoved Seconded HIQd•y Ne•l ~ Vobft1da Weist l / IIIIo llr•dshew_ Otis • • • • • AGENDA ITEM PRESENTED BY ------- 1\0ll CAll Hoved Seconded 111ge1ay Neal Vobe1da \Iei s t 811o ~ 8radshew Oti s • • • .. - PRESENTED BY -------b ') t /1-R /-:J/-1<._- {t. 1--'fl/i-'-J "OLL CALL -r: l (l, Moved Seconded Ayes Nay Absent Abstain Hlgday -Ne al - VobeJda Weist - Ill lo - Sradshaw Otis - • • • • • • AGENDA ITEM PRESENTED BY ------ It (( ( ( "OLL CALL Moved Seconded Ayes N ay Absent Abstain t11<1day Neal Vobt>1da Weist IUin BradstliW Otis I . • • • , . • AGENDA ITEM __ 1~.--b __ PRESENTED BY .x1l.e <-[( m )I a ~ C ~ ~ j;tru~._. trt -t;J a u (J p_ L<f uJ / ftlftLNAj ROLL CALL Hoved Seconded Ab1Uln KTI!ch•v v Neal Vobe,da Weist -8110 J Brldshaw Otis I . • • • • AGENDA ITEM __ 1.!..-"=b:::___ PRESENTED BY-------- ROLL CALL Moved Seconded Abstlll n Hlgday -.. v Neal I VO~ld& I Weist I IIIIo - v Bradshaw T Otis { 1 • HOI' I 3 • /) I t'· J c • • - AGENDA ITEM -----PRESENTED BY-------- ROLL CALL Hoved Seconded Abstain HTgoay Nea l I Vobelda I Weist T Bllo -Bradshaw T Otis l HO'l'I I • • • - • • AGENDA ITEM __ }.,._.;;;(.-'---- ROLL CALL Moved Second d Abualn v-Hlgday ' Neal I Vob.-1da T Weist I IIIIo I v llradsh.w r Otis ' MOTI • • • • - AGENDA ITEM ~ ~ PRESENTED BY "Oll CAll Hoved Seconded Hlgday \ v Neal I vobf01da I lolelst I Bllo --v erad•h.w I Otis \ ......... • • • - AGENDA ITEM 1ezc PRESENTED BY x:Vo cu l'-cL -p ROLL CALL Hoved Seconded HI<!Cilly Nul Vobf'lda I Wei st I v Bll o Brad\hew -Oti s - 1 I • • • • • ,. - PRESENTED BY ) ROLL CALL Hoved Second d Ayes Nay Absent Abstain HTgday Nul VObfO,dA IJe I st IIIlo lrad•haw Otis • • • - AGENDA >TEM ~ ROLL CALL d Seconded ~"' Hlgday Neal VobP1 d & WI' 1St !Silo v 8radsh~ Otis MOI'ION t • • - PRESENTED BY -/f);__)) Wl I) Ayes Nay Absent Abstain I I 7 I T '- • • • • - AGENDA ITEM ~ PRESENTED BY!b~~ !lOLL CALL l'loved Second d Abstain '"\ Hlgday I NeaT J = I Weist I ....... IIIIo v Br•d~-hew Otl\ "'--f I • • • - AGENDA ITEM 8 b PRESENTED BY "-fuJ£x_ ~ -$; tl· / J~ L I b l.J....u-<>-. (f -? lJ Nr· ...-yv-- to v... "'[ , "OLL CALL Koved Seconded Ayes Nay Absent Hlgday \ Nul I v·~ da I Weist I .._,.. lllo I ~ lrad'lh-T Ot h "'" • AbstaIn • • • • - AGENDA ITEM ,? Q., PRESENTED BY !be. (!fv(._{)-t...___; ) (_ { )')l .. )L !.,. _A-"-u ') ~ ('/-' ( 1-~ ~\V ,tt ) u v kid. -rJ t--u. \. 1. (} 1 ~~ "--" t Jl<i< 1) ~ ('./1}-Ul.l! 'J-' ~ </o .!). Y< J/u c-e /) '<fl'"J ~< 1 11 , 8 :! e. e k_ t 1>-'J-' J ~ , -_ "--.A L 4 d. (.:..__ r · ._ ~VC. .l ~ rz I "f. lvc-"'t '-·>•J fl_d-~~ H .-._- J) ~ t<'o ~f.,:-I, _,_, cAut~Jr4 ;J('~V--J; t A .}tJrUIY 4 -<fJ\.(JI •t. -t"U'-'•'i -Ju.•,__ L cJL.A.1 IA,I~ ~( ? Moved MO'I'I 1 1 l d (l l_lb 7..-J Second d HT<iday Nul Vol><!> da Weht Ill 1" 8r11dshew Otis 0 -a:~ j Ayes N11y Absent Absuln • • • • - AGENDA ITEM ____o;J___,_(,,/ __ PRESENTED BY ------- /1 (r ~ O<f ~~Q.v ) ':) t ~ r;l~L~ ~.<)' ~ uJu___--L .J;__, (_.i~ b't ~ ._.., -c 1 (J. <-J -<-~-"---' C41 'LV fuca u <>U--' \().( tt C~ \./1 U a L-~ [ cC. l..._..(_A_J f1_ ·-i-/ U -d U/fr '{"' ) ? . J 1 1~ :>-") "' 1 , ''-' c-<; Lfv ~ "OLL CALL Moved Seconded Abst•ln Hlgd•y V' He• I Vohfo> h -\olei n Bllo v Br•d'l h~ Otis - MOTI : j 2 I A • • • • ,. • AGENDA ITEM PRESENTED BY (_~& u. --J-('J (I a. (' c.J._ (- Gt "'r 'l r {_;. J! -t· .._ • 0 IIOLL CALL ved Second d Ab suln HIQday Neal VObf'1da W.Tst Ill In Bradshaw Otis MOTI • • • • - AGENDA ITEM PRESENTED BY __,G::::\.L_t_w ___ _ ) ROLL CALL Moved Seconded v Hlqeley 1 Heel I VO~ld'l I Weist I allo v ared\hiiW T Oti s ,, MOTI •;J • • • .. • AGENDA ITEM () CL_, PRESENTED BY ------- ) ~Oll CALL Hoved Seconded Ayes Na y Absent Abstain -" M~ay _l ~a_l 1 ~\.'Q!;>f> J <!A .1_ v ~s t 1 ...1)12._ L 1-Bradshaw l Otis ..... L~ A • • • - AGENDA ITEM alA 1 t, PRESENTED BY -'<::(:::::}x..I...:.;L""'J~:J..__ __ _ ROLL CALL ved Second d Ayes Nay Absent Abstain --"' ...!!..!_goay ---':': Neal I _'mbf' Jd·'l _j v Wei st I _!_I 1!1 .. 1 arad\hew I Otis "- ) I)" • • • • - AGENDA ITEM ~ q .....£-- -"' PRESENTED B Y ill~ })aJ-(~~b '~' e:a ~~ f) _--(...f. t£ IL (_ /;..._,• lJ ( rt_fl \{)~ •-~ ;._L c_j] 7-1 ~ &y . -o ' '),_.() . C ;(_, /1<;("1 _/') d.--1 tth ·, ~ /) I ~ ~ (_ kfA-{, ')( u ~ I ROLL CALL Moved Seconded Ayes Na y Absent Absta in "~ Neal VQbf'J <!!. ~s t ...D..I lo Brad s haw Otis HOTI • • I. CALL TO ORDER. • • • URBAN RENEWAL AUTHORITY December 7, 1983 The regular meeting of the Englewood Urban Renewal Authority was called to order at 5:40 P. M. by Chairman Robert J. Voth. Members present: Fitzpatrick, Cole, VanDyke, Novicky, Minnick, Voth Powers, Executive Director Members absent: None Also present: Economic Development Planner Hinson URA Negotiator Scott McDowell Marlin Opperman, Attorney at Law John Maxwell , EDDA representative II. APPROVAL OF MINUTES. November 2, 1983 November 16, 1983 Chairman Voth stated that the Minutes from the meetings of November 2, 1983 and November 16, 1983 were to be considered for approval. Minnick moved: Fitzpatrick seconded: The Minutes of ov mber 2 and November 16 be approved as written. AYES: NAYS: Fitzp trick, Cole, VanDyke, Voth, Non The motion c rri d, III. EW BUSINESS. h Mr. B. L tt r fr Oon Kr 111 r. 0 Kr m r w a in r. Hinson for ovicky, Minnick. • rty w 11 • nd und to o cur 11 on p y- I . • • • -2- ment due on his property; he had assumed that the Urban Renewal Authority would have acquired the property prior to the due date of this payment, but this has not happened. Mr. Kramer estimated that the cost of an appraisal could be between $1 ,500 to $3,000, which the Urban Renewal Authority would pay for now. Mr. Kramer stated that the latest timetable he has heard for acquisition of the properties on South Bannock Street is during the first quarter of 1984. Ms. Powers stated that the appraisals would be done during the first quarter of the new year. Ms. Powers reminded the Authority of their con- sensus at the last meeting that if a property owner was willing to sell at the present time, the Authority would be willing to consider the early appraisal/acquisition. Mr. Voth asked if the Authority agreed to pay for the appraisal of the property at this time, would this affect the balloon payment, and how. Mr. Kramer stated that th banks want some thing "substantial" to base the refinancing on , and he needs the appraisal for that reason. Ms. Powers pointed out t o Mr. Kramer that the Authority will not be obligated t o offer him the amount of the appraisal. Mr. Kramer s t ted that he "feels [he has] been impeded by the City" in r gard to this piece of property and any possible improvements he might have made. Ms. Power s s tated that staff has an obligation to explain t o him what co uld happen to the building as a result of the Little Dry Creek improvement program. Mr. Kramer stated that he "was encouraged not t o fix it up", a nd that he does not want to lose the equity he has in the prop rty. Mr. Voth stat d that if the Autho rity agrees to pay for this appraia 1 for Mr. Kram r, it must be und rstood that th Authority will not pay for aneth r appraisal if Hr. Kr m r want s aneth r one done in th futur Mr . Kram r stat d that h r aliz d this, nd that h would pay for an- eth r ppr iaal if it was n ded. Hr. Fitzpatrick appraia 1 was don , would Mr. Kram r still hav to a t th balloon pay nt. Mr. Kra er stat d that if the appraisal is don , h could 1 t a n lo n and eliminat the balloon paym nt due in th n r future. h you volunt rily, kn win th bulldin uld do in orlr. on it." Hr. Kr m r a tat d that d on input fro th city. H noted that th ubj ct aite for th value of th land, rty it was with th in n to "h n I • • - -3- Mr. Hinson noted that the request is out of order that has been followed in the past; the Authority has usually had their appraisal done first, with the property owner requesting a second appraisal, which the Autho rity has also paid for provided it is a "reasonable amount". Mr. Hinson s tated that he felt Mr. Kramer should be advised that he does have to f ollow the procedure of submitting estimates on the appraisals for review by the in- house staff person prior to contracting for the appraisal. The vote was called: AYES: Cole, VanDyke , Voth , Minnick, Fitzpatrick NAYS: Nov icky The motion carried. IV. OLD BUSINESS . A. Opperman Contract. Ms. Powers stated that Mr. Opperman is present this evening in response to the reques t of the Authority members at their last meeting. Ms . Powers stated that the s taff has discussed with Mr. Opperman the concerns that the Authority had e xpressed regarding the proposed contract that was pre- sent e d at the meeting of November 16th. Mr. Opperman has prepared a "letter c ontract" in response to the staff discussion regarding the con- cerns of the Autho rity, which is before the Authority this evening. Mr. Voth asked Mr. Opperman for a brief background sketch. Mr. Opperman s t a t ed that he c ame to Denver in 1959; he has a B.S. and M.S. in r eal estate finan c ing, and spent s even y ars doing real estate ppraisal work. H went through law school , re ceiving his law degree in 1968. H work d for the St t Highway Dep rtm nt from 1968 to 1974, a nd fo rm ed his own office in 1974, Mr. Opperman s tat ed that he ha s done work for D nver Urban Renewal Authority, t he City of Li ttleton, and Boulder. Mr. Opp rman st ted that h do s th trial wo rk and acquisition work for th s aforem ntion d jurisdictions. r. ovicky at ted that one of his cone rna on th previous contract frora Mr. Opp rman wa on th "reimbur nt of xp naea"; he not d th t this is now b ing 1 ft op n in the lett r cont ra ct. He ak d what it 1 would b includ d in thia cat gory. Mr. Opp rman atat d that th con- tr ct which th Authority vi w d on ov mber 16th is th on h usually us ; th Supr Court has tat d that an estillate on COlts that .. y b xp ct d mu1t b includ d in contr eta. Mr. Opp rman stated tha typical costa the Authority could exp c to pa would be !ling f a; th r may h additi n 1 co1t1 to att nd h arin a , takina d pa1itian1 , etc. Mr. 'ovieky ur witn 1a", nd why and wh n atat d th t th "appraia r" juati!i ation Cor th ct1, nd 1urv yor aubj ct to c 11 in • • • ,. - -4- Mr. Fitzpatrick asked to what extent Mr. Opperman would review the appraisal statements, and to what volume and length of time would Mr. Opperman esti-mate this would take. Mr. Opperman stated that he would want to review appraisals before any o ffer is made to a property owner. He noted that the manner in which something is stated in the appraisal may make a difference between having evidence submitted or stricken in the event of a court s uit. He stated that he felt his review could do a lot toward presenting the right kind o f c ase. Mr. Fitzpatrick asked if he could assume that Mr. Opperman would want to r e view all appraisals on all properties that are to be acquired by the Authority. Mr. Opperman stated that "if you feel there is a property you can a c q u ire witho ut legal action," he should not be involved. But, if the Authority c annot determine that there will not be legal action, he felt that he should be consulted. Mr. Opperman stated that in reviewing one o r two of the appraisals the Authority has received, he has seen problems that c o uld arise. Mr. Opperman stated that in over 400 condemnation cases in Colorado, at least 75 of these cases have dealt with the mechanics of do ing the appraisals; he stated that this is the reason he wants to review the appraisals befor e the offer is made to the property owner. Mr s . Cole asked whether Mr. Opperman's review would be an in-depth review, o r a passing glanc e --what did the review consist of. Mr. Opperman dis- c uss ed the proces s he goes through in making his review, noting that three things they cons ider are "unity of situation", "unity of title", and "con- tiguity ". H would review the sales that are cited by the appraiser to s ubstant i ate th e value of the property. Mr. Opperman would look at the ppr isal from a l e g 1 standpoint, and not from the dollars/cents point o f v i w. r. Opp e rm n e s tim ted that a r view could take anywhere from tw o hou r s u p t o o n e -half day o r more, but probably about two to thr e hours p r r e v i Mr. Opp rman stat d t hat if, aft e r a r view o f th apprais a l , h gives u g a r ion t o th Ur ban Re newal Autho rity a nd they d termin no t t o follow thoa augg s t ions , h would th n d ec id wh t h r o r no t he want d t o take th caa and foll it through . Mr. Opp rman atat d that h wo uld like to xplain aoae ina t a n c a in which r vi of th appraia la uld be wor t hwhile. Mr . Voth au 1 ted that th Authority &o into cutiv S aston. Fitapatrick ~v d: vi ky a onded: Th Urban R newal Authority o into Ex cutiv S aaion. Th t l ~t1 n c rrt d; Mr. Haxw 11 w ak d to 1 v d th by • • • * • uth rity th nd Mr. 8 ir • • * • at no tU. ett1. Mr. • t h roo• fo r a br i f uld th r b a n for hie t- I • • • • -5- While s till in Executive Session, it was suggested that the Authority also go into discussion on Item B under Old Business, for which matter Mr. McDowell was in attendance. Nov icky moved: Minnick seconded: The motion carried. Fitzpatrick moved: Novicky seconded: The motion carried. * * * * * The Authority come out of Executive Session. The Authority proceed with the acquisition of the Swarman Property at the appraised value, with the understanding that if the special assessment is up- held against the property, the Swarman's would be relieved from that payment by the Authority. V. SECRETARY'S REPORT. ~~. Powers reported that there is a meeting with Mr. Harrison of the Chamber of Commerce on Thursday, December 8. Mr. McDowell and she will also be attending this meeting. Ms. PowPrs reported briefly on the status of 4702 South Washington Street. She stated that the contractor doing the rehab work on the house has ask d for a three we k extension b cause of weath er problema. Sh stat d that th quality of hi work is v ry good, and that the house should be compl t d in th three we k tim the contractor has r qu sted . Mr. Hinson exp nd d on Ms. Pow r ' report, citin items that have b n don nd approv d, and items that still r quir fin 1 insp ctions, tc. Pow rs Mr. in r ceipt of a lett r from the ttorn y for truction C pany, demanding paym nt in full to 4702 South Wa hington Str t. Sh the contr ct nd th 1 t r d anding froa Mr. 8 n d ttl's office. in vi in& th houae af er Broadway acad [a- !1rat loan und r • • • .. -6- the Planning Commission meetings in addition to the Urban Renewal Authority meetings; she asked if the Authority would want to meet on Thursday, January 5, or on Wednesday , January 11. It was the consensus of the Authority to meet on Wednesday, January 11. VI . PUBLIC FORUM. Mr. Voth asked if Mr. Maxwell had anything he would like to add to the meeting, and asked what the EDDA is doing. Mr. Maxwell stated that he had nothing to add, and that the EDDA seems to be at a stalemate. He felt that the signing of the contract with the developer will get things moving again. IV . OLD BUSINESS. A. Opperman Contract. Mr. Voth stated that he would like a determination on whether or not to contract with Mr. Opperman for his services on the eminent domain proceedings. Fitzpatrick moved: Cole seconded: The Authority contract with Mr. Marlin Opperman to handle adverse land acquisition matters. Mr. Fitzpatrick stated that he felt the services of Mr. Opperman should be closely scrutiniz~d, and that there was no need for his review of every appraisal. Novicky moved: Minnick seconded: A termination clause b add d to the contract with Mr. Opperman, s id t rmin tion to b ffective upon 30 days writt n notic by either party. The vote on the proposed m ndm nt wa s call d; the motion to m nd carri d. Th vote on the motion, as a nd d, to contract with Mr. Opp raan w • call d: the .ation carri d. th prov 1 o Aut rtty. tt n tr 11 • • • • -7- Mr. Fitzpatrick asked that a letter be sent to City Council requesting the appointment of two new members to the Authority. Mr. Voth pointed out that the Authority does not have a Vice-Chairman now that Mr. McClung's resignation has been accepted by the Authority. He s tated that he would exercise his prerogative and appoint a Vice-Chairman to serve until the elections at the annual meeting in February. Mr. Voth then appointed Mr. Novicky to serve as Vice-Chairman until February, 1984. Mr. Novicky asked about procedures to get inspections done when members of the Building Department are on vacation, such as occurred when the e lectrical inspector wa s out o f the office. Ms. Powers discussed a reorganization of t h e F ire Prevention Bureau and the Building Division, and stated that it is hoped t hes e problems wil l not reo c cur. VIII . DI RECT OR'S CHO ICE . Ms. Powers s t a t ed t hat she had nothing to bring befo re the Author i ty . "' "' "' "' "' Mr. Voth tated that the Autho r i ty needed to go i nto Ex ec ut i v e Session t o consider further information on th e redevelopment a c tivi t ies . Novicky mov d: Minnick seconded: Th motion car r ! d. Minnick mov d: Novicky a cond d: Th Au t horit y go int o execut i ve sessi on t o c on s ide r an up-date on th e Do wntown R d e v e lopment ac tiv i ties . * * "' "' * Th Authority com out of Ex cut iv Session . Th re b 1ng no furth r bu in • to co wa s d clar d djourn d at 7:55 P. H. before the Authority , th meting I • • • • • WATER AND SEWER BOARD December 13, 1983 Regular Meeting SB The meeting was called to order at 5:01 p.m. Charlie Best declired a quorum present. Members present: Members absent : A 1 so present: 1) 830 W. QUINCY AVE. Fullerton, Fitzpatrick, Best, Lay, Otis, Giseburt, Higday, Haviland None Stewart Fonda, Director of Utilities Harry McCormick, owner of 830 W. Quincy Richard L. Banta, Attorney Mr. Harry McCormick appeared before the Board to explain his drawbacks on connecting to the sanitary sewer system. The Board agreed to allow Hr. McCormick to remain on the septic system on the following conditions: 1) Mr. McCormick will connect to the sanitary system if complaints are received on leakages, 2) if a specific request is received to uphold the ordinance, and 3) an agreement will be recorded on the deed that the property will go onto the sanitary sewer systeM when the title changes owners. The Board recommended Mr. Fonda draw up an agreement for Mr . McCormick to sign. Mr . Giseburt moved; Mr. Fullerton seconded: That Mr. Fonda draw up an agr~nt as follows to allow Mr. McCormick to rtt1111in on his present septic system with the following conditions: 1) Mr. McCormick will connect to the sanitary s r syst 1 1f a soecific r quest is received to uphold th ordinance. 2) That h will conn ct to the sanitary s r syst if complaints are received 11 1 result of the septic syst p l 0 s I • Ayes: Nays: ' Motion car ried . • • - 3) That an agreement will be recorded on the deed that the property will go onto the sanitary sewer system when the title changes owners. Fullerton, Fitzpatrick, Best, L:Y Ot i s, Giseburt, Higday, Haviland None 2) CHERRY HILLS RANCHO REQ UEST. Mr. Richard L. Banta appeared on behalf of Cherry Hills Rancho Water and San ita t i on District to present .a Distributors Agreement Modificat i on . The Board reviewed the request and discussion followed . The Boa r d re quest ed Mr. Banta research th e district to see if there are any othe r propert i es still not included in this district . Mr. Higday recommended tabling any motion until furthe r information can be obtained . This would be feasible since there appears to be no immediate need for a dec isi on . Mr . Fullerton moved; Mr . Hiqn~y secon ded : Ayes : Nay s: Motion carried. Th at the Cherry Hills Rancho request for a Di stributors Agreement Modification be tabled until further i nformation i s received . Full erton, Best, Lay, Otis, Higday, Haviland Giseburt, Fitzpatrick 3) SOUTHGATE SUPPLE MENTS i98 AND 199 . Mr. Banta pres nted the Board with Suppl nts 198 and 199 from the Southgate Sanitation District. Mr. Banta h d talked to Kent Te 1 of th Southgate Sanitation District regarding a feasibility study, which is not completed t this dat . The Board r co nd d to table th two suppl nts until furth r information is received. The Board also info d Mr. 0 nt th t ny prop rty south of County Lin Road i not in the City's design ated servic ar a. Th City does no t believe it proper to serv outside its current designat d service area, since it h not dctennin d th t ther i ult11 ttl capacity v 1lable to rv within it' current r a consid ring r c nt zoning chang s mad after construction o th Bi-C1ty Pl nt. p 2 0 5 I • • • • Furthermore, the Board noted that the land is not contiguous with Southgate in either application and may be better served by the municipal or county jurisdiction in which the land is located. ~1r. Fitzpatrick moved; Mrs. Haviland seconded: Ayes: ' Nays: t1ot i on carri ed. To table Southgate Supplements #98 and 199 pending further information. Fullerton, Fitzpatrick, Best, Lay, Otis, Giseburt, Higday, Haviland None 4) SOUTH ARAPAHOE SUPPLEMENT 129. Mr. Fonda reviewed South Arapahoe Sanitation Distr ict's request to annex approximately 9/10 of one acre . The existing zoning 1, 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 Mad ison Court, that is already part of the sanitation district and does not increase the number of taps allocated to South Arapahoe Sani tat ion District. Mr. Giseburt moved; Mr. Fitzpatrick sec onded : Ayes : Nays: Motion carried. To recommend to City Council approval of Supplement 129 to the South Arapaho e Sanitat ion District. Fullerton, Fitzpatrick , Best, Lay, Otis, Giseburt, Higday, Haviland None 5) APPROVAL OF NOVE ER 1, 1983 MINUTES. The Bo rd approv d th Nov regular meeting minutes. Mr . Gis burt 111011 d; Mr. Full rton s conded: r 1, 1983 Engl od t r nd S r Board To approve th inutes of th lovember 1, 1983 W t r tnd S r Board regultr t1ng. Pt 3 of 5 • • • • • Ayes: Fullerton, Fitzpatrick, Best, Lay, Otis, Giseburt, Higday, Haviland Nays: None Motion carried. 6) INFILTRATION/INFLOW ANALYSIS ' Mr. Fonda briefed the Goard on the Infiltration/Inflow Analysis of the City's sewer system outlined by Black & Veatch Engineers. Heavy precipitation experienced last year resulted in a substantial i ncrease in flows at the Oi-City Treatment Plant with much of this increased flo w apparently due to infiltration/inflow. The Infiltration/ Inflow analysis proposed would evaluate whether the l/1 is excessive and whether it would be cost effective to correct. Englewood Utilities Department would complete part of the study, with Black & Veatch providing direction, periodic n~nitoring and checking calculations. Mr . Fonda recommended the Board study this analysis and bring up any questions at the next meeting. 7) CAMP, DRESSER I McKEE PROPOSAL FOR UPDATE OF THE WATER DISTRIBUTION NETWORK ANALYSIS . Mr . Fonda di stributed to the Board a proposal from COM to furnish engineering services to update and input additional conditions to the City's Water Distribution Network Analysis. In this analysis, the Utilities Oepar data and inp ut and COH would analyz t ~re cost effective. Upper cost li it No ~tion wa s m de . 8) CITY DITCH LICE NS E A EE T. Th Lie nse Agr 24-1nch sto s r pprox1 t ly at t 0 nt staff would supply the r sults, aking the proposal for th analysis would b $5,000. • - ,. Mr. Fullerton moved; Mr. Higday seconded: Ayes: Nays: ' Motion carried. • • • To recommend to City Council approval of the City Ditch License Agreement. Fullerton, Fitzpatrick, Best, L:Y, Otis, Giseburt, Higday, Haviland None 9) GREENWOOD VILLAGE SUPPLEMENT M7. The Board received and reviewed Greenwood Village Sanitation District's request to annex property located at 5275 S. University Blvd., owned by Jack and Marguerite Ann Fason. This property is already part of the sanitation district and does not increase the nuu1ber of taps allocated to Greenwood Village Sanitation District. Mayor Otis moved; Mr. Fullerton seconded: Ayes : Nays: Motion carried. Th meeting adjourned at 6:40 p.m. To rec~nmend to City Council approval of Greenwood Village Supplement 17, subject to the City Attorney's approval. Fullerton, Fitzpatrick, Best, Lay, Otis, Giseburt, Higday, Haviland None The next Englewood Water and Sewer Board meeting will be held January 10, 1983 at 5:00 p.m. in the Library Conference Room. Resp ctfully submitt d, ,.r;-;J .. , ~ Recording Secret ry 5 0 5 • • • • - F.NGL-.:wOOD DOWNTOWN DEVEJ.Ol'MF.:NT AUTHORITY 3535 S. Sherman -Englewood , CO 80110 MINUTES December 14, 1983 Members Present: Close, Coleman, Gasson, Kaufman, Mausolf, Maxwell, Tomooka Members Absent: Holthaus, Neal, Owens, Pendleton Staff Present: M. Haviland, P. Dietrich Guests: Oorothy Dalquist, Dick ~inson, F.d Cordova Chai~1n Casson called the re gular meeting of the Englewood Downtown Develop- ment Authority to order at 12:05 PM on December 14, 1983. Th minutes to the Novembe r 9, 1983, meeting were presented for approval. Mr. Kaufman mov d, seconded by ~r. Coleman, to approv th minutes from this m eting. Th motion was passed unaniMously by voice vote. Mr. ~avil nd pres nted the Treasur r's Report. Mr. Kaufman moved, seconded by Mr. ~Busolf , to approve the hill fo r payment. Th motion was passed unanimously by voice vote. Mr. Clos moved, second ed by Mr. Maxw ell, to ace pt th Tr a urer's Report as of Octob r 31, 1983. The motion was passed unanimously by voice vote. CHAIRMAN' S RF. PO Accordin to Mr. Htn.on, th p rfor nee nt is b ing carried out on a ti ly b si Kin oop rs on the Cit parkin lot is b ing his concarn of up a task fore od. At thi • I • - • Page Two Minutes December 14, 1983 • • • Additionally, he believed that this Englewood Chamber of Commerce would have a close working relationship with Cinderella City. It was agreed that any new Chamber of Commerce would have to have financial, facility, and staff support. After discussion, it was noted that the Centennial Chamber of Commerce and the proposed Chamber for Englewood would have to meet and work out a compromise. Also, this discussion of whether or not EDDA would be willing to support the new Chamber will be continued at the Janaury meeting. URA Meeting -J. C. Maxwell questioned whether or not the Urban Renewal Authority is i n violation of the law by recessing into F~ecutive Sessions as many times as they do during a meeting. He indicated that the publ ic needs to be bet ter informed as to the activities of the URA. DIRECTOR'S REPORT Broadway Facade Program -Penny Dietrich reviewed the progress to date on the Broadway Facade Programs. There have been two new applicants for the design assistance, there is one additional loan applicant, and four designs have been approved by the Design Review Committee. A concern of this committee was that the rears of the buildings were not being revitalized. Snow/Clean Up Proposal -Several areas of concern were brought up regarding this proposal. These were insurance, notice of cancellation, vagrant problems, grocery carts, enforcement of ordinance , cooperation with the police and City, trash collection, phon booths, PTD areas, and snow removal. It is important that each m rchant police his own area and that the City enforce the existing ordinances. Hr . Maxw 11 aoved, a cond d by Hr. Close , to ask the City to enfore the present ordinances r gardin~ tra h r moval and now r moval. It was determin d to appoint a sub co itt e of the !DDA and the City to id ntify the problems, and to coordinat this type of a proar Th motion was pa s d unanimously by voice vote. There bein& no furth r bu in r . Caa on adjoumed the tina at 1:32 PH. • • • • • C 0 U N C I L C 0 M M U N I C A T I D N DATE January 10, 1984 AGENDA ITEM SUBJECT Greenwood Village Sewer Genera 1 Improvement District No. 1 INITIATED BY Englewood Water and Sewer Board ACTION PROPOSED. ______ Apup_r~o_ve~a_n_ne~x_a~t_io~n~o_f~a~d_d~it~i~o~n_o~f __ l~an~d~i~n~to~G~r~ee~n~w~o~od~--­ Village Sewer General Improvement District No. 1 INTRODUCTION A request was made by the Greenwood Village Sewer District No. 1 representing the owners for annexation to the Greenwood Village District service area. Inclusion of this land does not increase the tap allocation to the Greenwood Village Sewer District area. BACKGROUND INFORMATION a. Legal: TheN~ of the Ni of the NEi of the SEi of the NEi, Section 14, Township 5 South, Range 68 West of the 6th P.M., County of Arapahoe, State of Colorado except the east 30 feet thereof lying within South University Boulevard as shown in Vacation Boo 3, Page 18 . b. OWNER : Jack Fason and Marguerite Ann Fason, 5275 S. University Blvd. Greenwood Village, CO FINANCIAL DETAILS one. A th 0 c r 13, 1983 th City Council approv Suppl nt 7 to th Gr o. 1. • • • • • GREENWOOD VILLAGE SEWER GENERAL IMPROVEMENT DISTRICT NO, 1 SUPPLEMENT NO. ~-TO CITY OF ENGLEWOOD CONNECTORS AGREEMENT SCWE R CONTRACT NO. 12 THIS AGREE MENT made and entered into by and between the CITY OF ENGLEWOOD, acting by and through its duly authorized Ma yor and City Clerk, hereinafte r referred to ~s "City", ~nd GREENWOOD VILLAGE SEWER GENERAL IMPROVEMENT DISTRICT NO. 1, Arapahoe County, Colorado, hereinafter referred to as "District", WITNESSETH THA~: M!EREAS, on the first day of May, 1969, the City entered into a Connectors Agreement with the District concern1ng the connection of the District's sewer collection facilities to the City's sewage aystem1 and III!EREAS, said Agreement provided that additional service areaa could be included within the limits of the Diatrict w th the written conaent of the City, and WIIERtAS, .. id Dh tri ct h~a included by ool'atutory procedure the following deacrl bed landa within ita boundariea1 , Til u·o , in conaiderat1on ot the pre iaea and he ~utual cov nan a o! the partlol hereto, il ia agreed aa !nll Wit I. Of lull lJo\1 dar 01 of City d a hereby conaent to t~ inclua on rlbod a iti nal lan~ v1th1n lthln tl Co nty ol r , t Wllt Paa n, • 1~ uuth Cllou • r ll ll • • • • - Legal Description TheN~ of theN~ of the NE~ of the ·SE~ of the NE~, Section 14, Township 5 South, Range 68 West of the 6th P.M., County of Arapahoe, State of Colorado, except the east 30 feet thereof lying within South University Boulevard as shown in Vacation Book 3, Page 18. 2. That the City hereby agrees that said additional area may be served with the existing sewer facilities of aaid Diatrict, and that the City will treat the aewage discharged into the District's aanitary aewage syatem and into the City's trunk line from said additional area, all in accordance with the Connectors Agreement be tween the City and the District and the rules and regulations governing such matters promulgated by the City . 3. That each and every other proviaion of aaid Connectors Agreement shall remain unchanged. IN"WITNESS WHEREOF , the parti es have aet their hands and aeala thia ______ day of ______________ , 1983. ATTEST I City clerk (SEAl.) ATT ST1 CITY OF ENGLEWOOD By M0~a~yo==r-------------------- Cit ENWOOO VILLACI S EWER C!NIAAL 1M IIOV NT OlSTRlCT N0.1 • - C 0 U N C I L DATE December 27, 1983 INITIATED BY • • - C 0 M M U N I C A T I 0 N AGENDA ITEM 08 SUBJECT Infiltration/Inflow Analysis of the City's sewer system Englewood Water and Sewer Board ACTION PROPOSED _____ A~p~p_r~o_ve~t_h~e~B_l~a~ck~&~Ve~a~t~c~h_I~n~f~i~lt~r~a~t~io~n~/~In~f~l~o~w~(I~/~I~) ____ _ 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 I/I 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 th se items. The analysis will be more economical for the City using this approach, but will requir a great deal of manpower. Item 10, Phase I, will be completed by the City and checked by Black & Veatch. FINANCIAL DETAILS While the scop o th 1/I Analysis is fairly 11 defined, th actual amount of n r r quired to compl te each tas will depend on th quality nd quantity of in o tion, terial and data found to b available dur ng th actual study. Ou to th uncertain natu of this type o work, it is sugg sted th t h ngine r proc d on a cost plus basis with a top billing limi . • • • • • If approved, 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/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. ------ 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. • ) --- • • ( • • • City of Englewood, Colorado Infiltration/Inflow Analysis PROPOSED SCOPE OF SERVICES PHASE I l. Secure maps of Englewood sanitary sewer ,;ys tem and uf all san- itation district's that discharge into the Englewood system; determine drainage areas. ?.. DctennillC the inch-mile s uf Fillnltllry SCWI'l'S Withfll till' "llj•,IC'wuuol and associated district's sanitary sewer ,;ystems. ). Compile age, construction material!!, type of sewer joints, manhole s , ancl depths of sanitary sewers . 4. Determine inch-miles of service line11 contributing to Knnitary sewrr sys tem. 5. Compile sewage gaugin recorda at Wastewater Treatment Plant Rnd elsewhere in system. 6. Compile complain t s of aew r urchargtn nnd Rewngc backups into bosem nt • 7. Compile 11ew r 10aintenance recorda, procedur 11 and equipment, and problema within ayatem. 8. termtn number of reaidentla!, co merctaJ, tnduatr1a1, and 1nllt ltu tl•l nal unite within 11ch trlhut11ry arl!a of th a w r ~tyat 9. Detal"lltne winter-t water ua of rea1d ntlal, c tria l , 11nd in tituttonal unt t a within ch trthut ain rlow fr VII r loua !lev lop nt 10. u. 12. • City of Englewood, Colorado Propos~cl Scope of Services • • - Page 2 13 . Compare precipitRtion records with gauged sewage flows to det e rmin e preelpttation effec t s o n sewa11e flows per trlhut ary area or total area. 14 . Calculat~ quantity and time di s tribution of I/I based on ga uged sewag~ flows a nd calculat~d wint e r-time sewag e flows from devel- opment classes, including allowable I/I <JUBntity per inch-mile of sewer ancl precipitation occurences, per tributary area or total 11 r ea . l'J. Secure nn<l review all studies .:1ncl rcpnrt s prcpnn•tl hy otl<<'n. relative to 1/I occurrences, loca tions , <Juantlties , sources, etc . L(,, Inv<~>Jtigatt! wastewater qunllty rt!cords at treatment plant tn ascertain any changes through o ut year which may be attributable to I/1 dilution. 17 . Dctennin , if possible , from avllilll hle records .mJ En11le wouJ's observations , those areas of high ground water levels, when those high levels occur, and what sanitary sewers pass through those nr<'llS 11nd could be nffected hy thcsc hir,h p,rouncl wnt e r ll'VCls. 18. From above investigations, c11lcnlat Lons, and comt)arisons, clctenninl' if I/ ( is excessive or not , and if excessive, when and where the I/I may be occurring, and if infiltration or inflow is the major sourc e. 19. Prepare a brief summary letter report d tailing results of study, if 1/I ia excessive or not, wh re 1/I may b occurrin , 11nd pres nt a plan of ft ld investigations to verify the conclusions. PHASE 2 1. Pr Ph••• 1 1tudie1, deteratne where 1 w r gaugtn ehould be tnltl t d to v rtfy loclltion, qunntlty, and typ of 1/T; 4 teet 1 1\ th 11f au •tn rlod. 2. S t up R wa ae iAU tn etatlone t ••l ct d !oc ttone throu hout the 11 r -.y t ). lect d location• for 1p ci 1 d len th of cov r th h 1 -flow p rt I (winter or rly ht h 1/1 p rtn<l ( uPa r tlcr lod) for d••t r- • I • City of Englewood, Colorado Proposed Scope of Services • • • Page J t,, Compile precipitation records and compare with field gauging records to de tennine if inflow is occurring. 5. Calculate, for each gauging point, the quantity of base-line sewage anticipated from tributary area. 6. Calculate the inch-miles of sanitary s<'wers and inch-miles of service line in tributary area above each gauging point. 7. Calculate allowable 1/1 from trihutllry area t o each gauging point hnt;c'd upon inch-miles of sC'wC'r~ ln trthut n ry aren. 8. Calculate sewage flow and 1/1 anticipate<! f rom the tributary area of each gauging point and compare with gauged flow for both bose- flow pe riod and high I/I period. 9. Determine if excessive I/1 is occurring in any tributary area. 10. Calcula te quantity and time distribution of excessive I/I from any tributary area. 1 L. Calculate how excessive I/I ia divided between inflow and inftl- tnttlon for each gauged tributary a rea. l2. Prepare 11 brief summary letter report giving results of gauging program, analysis of result , and estimat of location , quantity and type of I/ I. PHASE 3 1. !"rOll Phase 2, detennine what areaa require additional tudy and inve s tigation. 2. TV aclect d reachea of 1 rs in thoa areal a 1 ct d for add- itional 1tudy and tnveatigatton; inap ct 1Danholo l. Analyu r ulu of TV inap ct ion; Lrulat re h a w r throuRh had jolnta, rr ck •tl (ll conn ct toni, rvic lin 1, tt'. ut p rc ntaP. of 1/I , poor 1 rvl e lin 4. v Lop a progr of rehabtlttatlon to corr ct d ft lenclea, tl111nl huw mu h 1/I would r(),(uc •I, nnd ati.JIIat 1111t vr rehahll1.tat1on progr •· I • • City of Englewood, Colorado Proposed Scope of Services • • • Page 4 S. Calculate the coRt of providing treatment for sewage with and IJithout the rehabilitation program and reduced sewage flows. 6. Hake economic comparison between cost of rehnbll1.tntive program and differential coRt of providlng treatment to determine the most cost effective course of action. 7. Prepare u brief summary letter report giving resultR of sewer inspections, rehabilitation program and cost, potential I/I re- duction, cost of treatment, and economic analyses. I . • • • RESOLUTION NO . ~ , SERIES OF 1984 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. WHEREAS, the City Council of the City of Englewood, Colorado adopted the Englewood Downtown Redevelopment Plan on August 23, 1982, and WHEREAS, the City Council of the City of Englewood determined that any property acquisition and related activities necessary for the implementation of said plan should be accomplished by the Englewood Urban Renewal Authority, and WHEREAS, the Englewood Urban Renewal Authority has requested the transfer of $80,000.00 to be used for the acquisition of the property at 180 West Girard Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Englewood, Colorado, that: ATT T: S ction 1. Th foll ing appropriation of funds is hereby made in th Public Improve nt Fund. S ction 2. Th City Han g r to make th abov Engl ood. al Authority $80,000 $80 ,000 $ 0 d Dir ctor of Finane are h r by authoriz d chan to th 19 4 bud et of th City of ADOPT!D AND APPROVED THl yor • I • • • • CITY OF ENGLEWOOD, COLORADO URBAN RENEWAL AUTHORITY RESOLUTION NO, Series of 1984 A RESOLUTION OF TilE URBAN RENEWAL .AUTIIORITY REQUESTING CITY COUNCTL '1'0 TRANSI'E H MONIES FROM THE PUBLIC lMPROVDtENT FUND TO THE AllTHOI.ITY FOR THE ACQUISITION OF THE PROPERTY AT 180 WEST GIRARD AVENUE, ENGLEWOOD, COLORADO. WHEREAS, the Urban Renewal Authority and the City of Englewood have adopted a Downtown Redevelop.ent Plan (Urban Renewal Plan); and WHEREAS, City Council has indicated that the Urban Renewal Authority ahould have prt.ary reaponaibility for iapleaentation of the Downtown Redevelop- ment Plan (Urban Renewal Plan); and WHEREAS, the acquisition of the property at 180 West Girard Avenue has been deemed neceaeary for flood control purpoae. in conformance with the Plan; and WHEREAS, the owner of the property at 180 Weat Girard Avenue has offered to sell thia property at (air uwrkct value to the Authority; un..J WIIP.IU'!AS, honth; huvc nul, as yoL, hccn itHI UI.!<.I hy Lite Urhan Rcncw.al Authority to fund property acquiaition, public iaprov .. enta, and other activities related to the Downtown Redevelopment Plan. NOW, THEREFORE, BE IT RESOLVED by the City of Englewood Urban Re- n al Authority aa follows: ATT ST1 Section 1. The Enalewood Urban Renewal Authority requeata the tngl wood City Council to tranefer funde 1n the aaount of $80,000.00 from the City Public Iaprovement Pund to the Authority for the acquiaition of th prop rty at 180 W at Girard Av nue, APPIOV D A ADOPTED THIS __ l_lt_h __ DAY 0 JA AllY, 1984, llober • ot ~1 . I • • ...... • .. .. -2- Motion By: ______ ~Mue~luvui~p~Mu1~p~pui~c~k~---------------------------------------------- Seconded By: Tbnmee B Fftcpatrick Voting in Favor: Melvin H1ppick, Thome• Fitapetrick, Suoan VanDyke, Voting in Opposition: --~N~o~n~e~------------------------------------------------ Members Absent: --~Ru~t~h~C~o~l~e~------------------------------------------------- Members Ab staining: ___ N~o_n~e---------------------------------------------------- I • • • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJECT Fun d Tran sfer to Urban Renewal Au thorit y for Property Ac qu isition January 10, 1984 (s, INITIATED BY Englewood Urban Renewal Aut h orit y ACTION PROPOSED Transfer of $80, ooo from the City Public Imp r oveme n t Fu nd to the Urban Renewal Au t hority for the Ac qu isition of the property at 180 West Girard Avenue. INTRODUCTION AND BACKGROUND: City Cou ncil adopted the Englewood Downtown Redevelopment Plan (Urban Renewal Plan) on August 23, 1982, and amended that Plan on December 21, 1982. It has been the ex- pressed desire of City Council for the Urban Renewal Authority to be the lead agency in th implementation of that Plan and for the Urban Renewal Authority to undertake supplementary activities that further the goals of the Plan. Since bonds have not as yet b en issued for the projects outlin d in th Plan, Council has provided an annual budget to the Authority for o perating expenses and transferred funds from th Public Improvement Fund to th Authority to acquire property, r locat structur s, and p y for other project-specific expenses. On of th prop rtl s id ntifi d in th Pl n as being necess ry for flood control be n offered for sale to th Authority. rce, is r loc ting to another part o f th its cu rr nt building and land in th near futur . improv nts, 180 W t Gi rard Th own r, the Centennial Ch county and de ire to di po To ccomplish this transactipn, fund transfer is n ded by th Authority to pay for th oat of quiaition until bonds are isau d. Upon isauan e of th honda, th City will b reimbura d. An opportunity h ari Urb n R n wal Authority to cquir 1 nd n d d for Littl Dry Cr k m nta fro a willing aell r a a r a onable coat. It ia, th r for r co nded th t $80,000 b r naf rr d fro~ th Public Improv m nt Fund to Authority in ord r tak adv n ag or thia opportunity. • I • • ORDINANcE 00. __!)' SERIES OF 198-r--- • • • BY At1l'HORITY cotJK:IL BILL 00. 65 INTROOua:o BY cotJK:IL MEMBER BILO AN OOOINANcE AHWDit«; 'DiE MWICIPAL CXlDE OF 'DiE CITY OF Et«>LDKX>o, O>LORAOO, BY AIDit«> SECTION 22.40, TITLED "LANDOCAPE CR:>INANCE," 'IO 'DiE Q)MpREfiENSIVE ZONit«; OOOINANcE FOR 'DiE CITY OF Et«>LD«XJD, COLORADO, AMmDit«> OOOINANcE 00. 26, SERIES OF 1963, AS AM!H>ED. WHEREAs, it is necessary to create an attractive environ- ment for living, doing business, and working in the City of Englewood; and WHEREAs, it is necessary to provide relief from the high concentration of off-street paved parking areas along local, arterial, and collector streets; and WHEREAs, it is necessary to install drought tolerant plants and low maintenance landscaping to reduce the consumption of water; t«M, 'lHEREFORE, BE IT ORDIHNED BY '11iE CITY cotJK:IL OF '11iE CITY OF ENGLD«Xlo, O>LORAOO, AS ~: Section 1. 'nlat Ordinance No. 26, Series of 1963, as anended, the Comprehensive Zoning Ordinance for the City of Englewood, is amended to add new Section 22.40 ~PE <R:>INANCE to read as follows: • I . -• • • LANDSCAPE ORDINANCE (A Section of the Compreheneive Zoning Ordinance) 122.4D Landecape Ordinance a. Stiteaent of Intent, The City Plannina and Zonina Comm18aion and City Council racoaniae that landscaping is a necessary 111eons of goin- ing C)Ual1 ty de',telopu•cnc, of crout'lnu vl.,uul uml uuv!.:u•uuouLuJ pul>lic :nul.!- nitias, and for enhancina the single-, multi-family, commercial, and industrial araaa of Englewood, It ia to this end that the following goals ora set forth and the reaulationa in thie section are dea.ed noceaaary: (l) 'l'o create an attractive onviromuent foL· livin11, doin11 l>uainoQII, •md wurkJ.nu J.n Lho City uf ~1111luwuuoJ, unoJ Lu provide relief from the htah concentration of off-atreat paved perkin, araaa alona local, arterial, and collector atraau. (2) To ancouraa• a quality deatan buildina concept and to re- quire a dea1an that contr1butea to context, that enhance • or o pl nt:s wlua xtet , th r oant 11 h etreat or a1te aa iaportant, and relate atructur to hu n a call, (3) To pro ta a co•pat1b111ty batw an induatr1al ua dj n r 1d nl.L 1 o.liwtr! 1. and I • • -• • • -2- (4) To require new development in multi-family, commercial and industrial areas to be landscaped and to require that the landacapina be maintained. (5) To pro~te the installation of drouaht-tolerant plants and low-Maintenance landscaping wherever applicable. b. Applicability of Ordinance Standards. (1) 'J:hese reaulations shall apply to any new development or to any property on which the principal building is reauodcled, which reaodalina coat ia equal to or exceeda 50% of the eatiaatad .. rket value of the property, in the followina diatricta: (a) Residential Districts: R-1-A, R-1-D, R-1-C, R-2, 1-2-c, 1-3, and R-4. (b) Co-.rcial Dietricu: B-1 and B-2. (c) IDduatrial Diatricta1 I-1 and I-2. • (2) n, becaue of th charactariatice of the land or the locatioa of axiattna etructur a, it ia not phyeically poaeibla or feasible to provide for lendecapina on th lite, the property owner ehall depoeit 1/21 of the value of the conatructto in the &1 ood Landacepe end Pine Art Fund, Thie fund hall be ueed for beauttftcetion of ubltc ar 1 e d t rain d by th leateletive body • • I • • • • • -3- c. Definitions. (1) Landacapins shall mean: To improve the appearance of an area of land, a lot, or parcel of land by the decorative ar- ransemant of grass, shrubs and trees (and/or alterins land contours). Landacapin& may include but shall not be limited to: Turf, sraaaaa, flower beds, ahruba, trees, rock, bark, wood chips, ornaaantal objects such aa fountains, statuary and orna.antal objacta and pedestrian walkways deaisnad to produce an aesthetically plaaains affect. (2) Livins Plant Materials or Plant: (a) A young tree, shrub , or herb; (b) A slip, cuttins, or sapling; (c) Any of a aroup of livina oraania• which typically do not exhibit voluntary 110t1on or poaeaae aaneory or narvoua oraana . d, Hinimua Landa c ap ina laguira-nta. (1) All Di e tricta1 • (a) At tha t~a of application for Duildina Par.tt, there aha ll be included a landacapa plan in s ufficient detail to datar•ina compliance with tha Landacapina Ordinance. (b) Tha Landacapin plan ahall be review d by th Plannina I • • D1vie1on and if tha propoe ed l e nd e c a ptna coapliaa v itb th r qu1r nte of thie ordinance, it shall ba approv d. • • • • -4- All landacape improve.enta indicated on or contained in an approved aite plan ahall be completed prior to ia&U&Qce of a Certificate of Occupancy. However, if all condition• neceaaary for iaauance of a Certificate of Occupancy are met except landacape improvement&, and the reaaon for not finiahin& the landacepe improvements ia beceuae coapletion of conetruction occurred outeide of a planting aeaaon, a Teaporary Certificate of Occupancy will be issued. In this aituation, all landscape ba- proveaants aust be completed by the next planting season within a time frame eatebliahad by the Director. (c) No artificial treea, ahruba, turf or planta or other non-livina plant aateriala aheil be uaed to fulfill the ainiaua livina plant aatarial requireaenta •• aet forth in this aection. (d) All landacapina contained within the public riaht-of- vay ahall conform to inatallation aad .. 1ntenance atan- darda of tha City of En &l awood Tree a nd Shrub Ordinance. (e) The Depart .. nt of Coaauntty Devalopa t ahall provide a r e co .. ended pla ntina a uida with inforaetion on a p- propriate typea of tre nd plenta for 1 v aro alona wi th ina truct i ona f or prop e r ina t a lla tion a nd .. tntenanc of land•capia K• (f) n ar a crtt al to p d atri a d v i ular traffi , • I • -• • • -5- shrubs and other p:J.anta must be installed and main- tained to provide clear visibility as determined by the Traffic Enaineer. (2) Individual Districts: (a) R-1-A, R-1-B, R-1-C Zone Districts. (1) A ain~ of 40% of the total lot area shall be landacaped, (2) 40% of the total landscaped area shall be in the area described ea the front yard, incluaiva of any driveway area, (3) 90% of the area required to be landscaped shall be devotad to livina plant aateriela at their anticipated alae at aaturity aa defined in the plutiDa auide. (4) ODe street tree ia required per 40 liDear feet of frontaae and ia to be located a ainiaua of S teat behind the aidevelk . In the area batvMQ • tha curb and aid walk, this di .. naion aay be reduced to 2-1/2 feet, (b) 1-2, l-2-C lone Diatrictar (1) A ainiaua o 40% of the total lot area shall ba laodac:ap d. • I • • - • • -6- (2) 40% of the total landacaped area shall be in the area described aa the front yard, inclusive of any driveway area. (3) 90% of the area required to be landacaped shall be devoted to livina plant material• at their anticipated aiaa at maturity aa defined in the planting guide. (4) One street tree is required per 40 linear feet of frontaae and ia to be located a •iniaua of S feet behind the sidewalk. In the area between the curb and aidawalk, thia dt.anaion may be reduced to 2-1/2 feat. {c) R-3 Diatrict: U) A aint.ua of 251 of total lot area aball be landacapad. (2) 40% of the total landacapad area aball be in the area daacribad aa the front yard incluaiva • of the driveway area. (3) SOX of the ar a required to be landacaped ahall ba devoted to liviD& plant aatariala at their anticipat d aLae at aaturity aa defined in tha I • • plant ina au ide • • • • • • -7- (4) One atreet tree ia required per 40 linear feet of frontage and ia to be located a minimum of 5 feet behind the aidewalk. In the area between the curb and sidewalk, this dimension may be reduced to 2-1/2 feet. (d) •-4 Diatrict: (1) Hint.um landacaping for residential properties (2) Hini.um landscaping for professional properties aaae aa R-J. (a) B-1, B-2, I -1, and I-2 Districtas (1) Hiniaua of 101 of total lot area auat be land- seeped . (2) SOl of the area required to be landscaped aball be devoted to livina plant .. tariala • • (J) One street tr e 1a required per 40 linear feat to be located a ainiaua of 2-1/2 feat froa any paved eurtaca. a. l'arkina quir ... ntst All Zona Districts. I • • (1) If propoe d conatruetion of fraa-atandin off·lttllt parkin area• contain SO or .ore etalla, 101 o the total parkin • -• • • -8- lot area shall be landecaped with 25% of that area to in- clude living plant materials. (2) The 25% living plant material shall include a minimum of one tree per 50 square feet. (3) In addition to the 10% requirement in e(l) above, parking areas that are adjacent to streets shall meet these re - QUire•ents: (a) A buffer &one ahall be located between the back of the eidewelk or the street curb line if there ia no sidewalk, and the parking area, anu ahall not be less than 5 feet in width aa meaaur~d fro• the back of the aidewalk or the atreet curb line. Thia area ahall be lendacaped. (b) Street treea ahall ba planted in the buffer aone at the rete of one per 40 linear feet. Street treea planted in the buffer aone aay be credited toward the tree requireaent in aaction (2) abova. (4) acauae theae araaa are critical to pedeetrian and vehic- ular traffic, ahruba nd oth r pl nta n~ust b in* tall d and aaintained to provide clear vieibility a1 deterained by the Traffic Engine r. • I • • • - • • -9- f. Maintenance. (1) The owner of the property, hia auccesaors, heirs and assigns shall be responsible for the proper maintenance of the area subject to an approved landscaping plan. (2} Landacepin& ahall be continuoualy maintained includina necessary watering, weeding, pruning, pest control and re- placement of dead or diseased plant material. aeplaceauent for dead or diseased plant material shall be of the same type of plant aaterial as set forth in the approved land- scapin& plan; for example, a tree must replace a tree, a shrub must replace a shrub, a ground cover must replace a ground cover, etc. Replacement shall occur in the next planting season, but in any event, auch replacement time ~hall not exceed one (1) year. Any replacement which con- to~ to the requirement• of thia aection ehall not be conaidarad an ... ndment to the landecapina plan. (3) Failure to provide adequate aeintenanca reaultin& in the deterioration of treee, ehruba or other livina plant aeterial • violetee the objective• of thie ordinance, end the City Henaaer or hie d eiane ehell have the property poetad a1vin ppropri to noll of the violation oC tll1e ordi- nance and eattinl forth that the violation .uet be cor- r ct d within iv (5) day11 of th poatin ot til not1 It, I • • If t a nature of t v1olat1o uk it 18pre tical to corr t within fiv (5) day•, • • • • • -10- letter of intent to correct to the City Manager and shall correct the violation in the next planting season. Failure to reasonably comply with this ordinance, either after filing a letter of intent or without filing such a letter, can lead to action being taken in accordance with E.M.C. '69, 1-1-20, as amended. • I • • - • • • • Section 2. Hearing. In accordance with Section 40 of the City Charter, the City Council shall hold a public hearing on this Ordinance, before final passage, at 7:30 P.M. on DecEit'ber 20, 1983. Introduced, read in full, and passed on first reading on the 21st day of November, 1983. Published as a Bill for an Ordinance on the 23rd day of November, 1983. Amended and passed as amended oo the 20th day of Dec:elrber, 1983. Published in full as amended oo the 28th day of Dec:elrber, 1983. Read by title and passed oo final reading oo the 16th day of January, 1984. Published by title as Ordinance No •. ___ , Series of 1984, oo the 18th day of January, 1984. Eugene L. Otis, Mayor Attest: ex off1cio C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and oanplete copy of the Ordinance passed oo final reading and published by title as Ordinance No. , Series of 1984. --- Gary R. H{Cjbee • I • • ORDINANCE 00. ~q SERIES CF 19Bt""+- • • • BY AU'nfORITY COOlCIL BILL 00. 65 INTRaXKED BY COOlCIL HD1BER SILO AN <H>INANCE N1EK>I~ 'IHE HtiiiCIPAL (l)()E CF 'lHE CITY CF ENGLD«XX>, COLORADO, BY AOOI~ S!X:TION 22.40, TITLED "~ <H>INANCE," 'ro 'lHE <n1PREHENSIVE ZQH~ <H>INAtCE FOR 'lHE CITY CF ~D«XX>, COLORADO, AHDI)I~ <H>INAtCE 00. 26, SERIES CF 1963, AS AHDI)ID. WHEREAS, it is necessary to create an attractive environ- ment for living, doing business, and working in the City of Englewood; and WHEREAS, it is necessary to provide relief fran the high concentration of off-street paved parking areas along local, arterial, and collector streets; and WHEREAS, it is necessary to install drought tolerant plants and low maintenance landscaping to reduce the cons!Dption of water; t«JW, 'lHEREFORE, BE IT ORDAINED BY 'lHE CITY COOlCIL CF 'lHE CITY CF El«iLD«l<D, COLORADO, AS FOLLOWS: Section 1. 'ftwlt Ordinance No. 26, Series of 1963, as ~. the Comprehensive Zoning Ordinance for the City of Englewood, is amended to add new Section 22.40 l.ANDE£APE CR>INNCE to read as follows: • 7/J I . - • • • • LANDSCAPE ORDINANCE (A Section of the Comprehenaive Zoning Onlinunce) 122.40 Landacape Ordinance a. Stat .. ent of Intent. The City Planning and Zonina Commiaaion and City Council recoaniae that landscaping is a necessary means of go1n- ing C(Uilli ty c.le1(elopN1ont, of crout Lnu v!iiuul unc.l uuv 1 L"UtllnouLuJ pub lic ;lln "- nitiea, anc.l f or enhancin& the s i ngle-, multi-family, commercial, and industrial araaa of Englewood. It ia to this end that the following goals are set forth and the reaulationa in this section are deemed necessary : (1) To create lln attractive environment fol· l!vin11, doing buainos11, und wurkin11 in thu City uf Uu11luwuou, Uti.J tu provide relief from tha high concentration of off-atraat paved parkin& araaa alona local, arterial, and collector atraau. (2 ) To ancouraaa a quality daaisn buildtna concept and to ra- (3) quire a daeian tha t con t ribute• to c ontext , that enhanc ae • ur o tpl 1 nta whuL xieta, that r cognbeM l.h atraet or eita ae iaportant, and ralatea atructur 1 to hu n ecala. o pro.ata a co patibility be t ween tndul t rial ueae an d dJoc nt r eid nt1 1 di11tric 1, I • • • • -2- (4) To require new development in multi-family, commercial and induatrial areaa to be landacaped and to require that the landacapina be maintained. (5) To pro.ote the installation of drouaht-tolerant plants and low-maintenance landscapina wherever applicable. b. Applicability of Ordinance Standards. (1) 'these regulations shall apply to any new development or to any property on which the principal building is re••odcled, which reaodelin& cost is equal to or exceeda 50% of the eatiaated aarket value of the property, in the followina diatricta: (a) Reaidential Districts: R-1-A, R-1-D, R-1-C, l-2, 1-2-C, 1-3, and R-4. (b) C~rciel D1etr1cta: 1-1 and B-2. (c) Induatrial Diatricta: I-1 and I-2. • (2) en, becau of the characteriatice of the land or tbe locatioc of exiattna atructur , it 1e not phyaically p aaible or f aible to provide for landa apin& dn th aita , the property owner ahell depoeit 1/21 of the v.lue of the conetruction in the In 1 ood Len4acepe and Pine Art rund. Thie fund ehall be uaed for bea utificat ion of public ar 1 •• deter.in d by t 1 1elat1YI body. • • • • -3- c. Definitions. (1) Landscaping shall mean: To improve the appearance of an area of land, a lot, or parcel of land by the decorative ar- rangement of grass, shrubs and trees (and/or altering land contours). Landscaping may include but shall not be limited to: Turf, graeeea, flower bade, shrubs, trees, rock, bark, wood chips, ornaaental objects such as fountains, statuary and ornaaental objects and pedestrian walkways designed to ~oduce an aee ~hetically pleasing effect. (2) Living Plant Materials or Plant: (a) A youna tree, shrub, or herb; (b) A slip, cuttina, or aaplina; (c) .,.., of a aroup of llvina oraanu• which tJPically 4o DOt exhibit voluntary aotion or poeeeaa eenaory or aervoua oraana . 4. H1niaua Landa c ap ina q.u:l.r-nta. (1) All District 1 • (a) At the ti• of a plication for a luildin Per.it, there s ha ll be incl d d a lan ca p plan in auffici t detail to 4 teraina c 11 n e with the Lan a spina Ordin nee. (b) plan a all be revi by th l'lannin D1v1aion d if th pro 0 1 d l anda pia& c~li v l t h t t 1 ordin it 11 appr v • • • • • -4- All landacape improva.enta indicated on or contained in an approved aite plan ahall be co~pleted prior to iaaU&Qce of a Certificate of Occupancy, However, if all conditione neceaaary for iaauance of a Certificate of Occupancy are aet except landacape improvement&, and the reaaon for not finiahin& the landacape i~proveaanta ia becauae co~plation of conatruction occurred outaide of a planting aeaaon, a Temporary Certificate of Occupancy will be iaaued. In thia aituation, all landscape ba- prov .. enta ~at be completed by the next planting s en son within a time frame eatabliahad by the Director . (c) No artific ial treea , ahruba, turf or planta or other non-livina plant ~tariala ahail be uaed to fulfill the aint.ua livina plant ~terial requireaenta aa aat forth 1D thia aaction. (d) All landacapina contained within the public riaht -of- vay ahall conform to i natal lat i on and aaint ananca a t a n- da rda of the City of !nalawood Tree and Shrub Ordinance • • (a) The Dapartaant of Co.-unity D velopaant ahall provide a ra~dad pla ntin& auide with inforaation on ap- propriate typ a of tre nd planta for &iv n ar aa a lona with inatructiona for proper ina t a lla tion and in anan oC lanll•copin~&. (f) In er ritical to p d atri d v icular traffl • I • • • • ,. • -5- shrubs and other plants •ust be installed and main- tained to provide clear visibility as determined by tha Traffic Enaineer. (2) Individual Districts : (a) R-1-A, R-1-B, R-1-C Zone Districts. (1) A aint.ua of 401 of the total lot area shall be landscaped. (2) 401 of the total landscaped area shall be in the area described as the front yard, inclusive of any driveway area. (3) 901 of the area required to be landscaped shall ba devoted to 1ivina plant aaterials at their anticipated siae at aaturity aa defined in the plant ina au ide. (4) One street tree is required per 40 linear f .. t of front aaa and is to be loca t ed a ainiaua of 5 fee t behind the s idewa l k . In the a r ea be t v MD th curb nd aid walk, this diaension aay be reduced to 2-1/2 feet. (b) 1-2, 1-2-C Zone Dia t r icte l (1) A ainia uf 40% of the total lot r be landscaped. shall I • -• • • -6- {2) 40% of the total landacaped area ahall be in the area deacribed aa the front yard, incluaive of any driveway area. {3) 901 of the area required to be landacaped ahall be devoted to living plant material• at their anticipated aiae at maturity ea defined in the planting guide. {4) One street tree is required per 40 linear feet of frontage and ia to be located a miniaua of 5 feet behind the aidewalk. In the area between the curb and aidawelk, thia dimeneion may be reduced to 2-1/2 feet. {c) a-3 Diatrict : (1) 4 aiDt.wa of 2~1 of total lot area ehall ba landacapad. (2) 401 of tbe total landacaped area ahall be in the a rea deacribed aa the front yard inclueive • of the dr1v y araa. (3) 50% of th ar a required to b 1 ndacap d ahall ba davotad to livina plant .. tariale a t their eia at turity a clafin in tie plantina u1 I • • • - • • -7- (4) One atreet tree ia required per 40 linear feet of frontage and ia to be located a minimum of 5 feet behind the sidewalk. In the area between the curb and sidewalk, this diaenaion aay be reduced to 2-l/2 feet. (d) a-4 Diatrict; (l) Miniaum landacaping for residential properties saae as R-2, (2) Mint.um landacapina for profeaaional propertiea .... aa a-3. (e) B-1, B-2, I-1 , and I-2 oiatricta t (l) Mint.ua of 10% of total lot area .uat be land- ecaped. (2) SOl of the area requind to be lendecaped ehaU be devoted t o l ivina plant .. tariale • • (3) On atr t tr ie requir d p r 40 linear feet to b located a aini.ua of 2-l/2 f eet froa aDJ paved eurf c:a. • •• Dietrict a , (1) t of fr -etand1 te r lle, l o t • • • • -8- lot area shall be landscaped with 25% of that area to in- clude living plant ~ateriala. (2) The 25% living plant material shall include a minimum of one tree per 50 square feet. (3) In addition to the 10% requirement in e(l) above, parking areas that are adjace~t to streets shall meet these re- quirements: (a) A buffer &one ahall be located between the back of the eidewalk or the street curb line if there ia no sidewalk, and the parking area, nnd shall not be leas than 5 feet in width aa measured from the back of the aidewalk or the street curb line. Thia area ahall be landscaped. (b) Street treea shall be planted in the buffer &one at the rata of one par 40 linear feat. Street treaa planted in the buffer aone may be credited toward the tree raquiraaant in &action (2) above . (4) ec a uae thea& areaa ere critical t o pedestrian and vehic- ular traffic , ahruba nd oth r pl nta IIIU&t b 1nat 11 d and aaintainad to provide clear visibility aa datarain d by the Treffi~ nain r. • I • -• • • -9- f. Maintenance. (1) The owner of the property, his successors, heirs and assigns shall be responsible for the proper maintenance of the area subject to an approved landscaping plan. (2) Landscaping shall be continuoudy maintained includina necessary watering, weeding, pruning, pest control and re- pucement of dead or diseased plant material. ll.eplacement f or dead or diseased plant material shall be of the same type of plant aaterial as aet forth in the approved land- scaping plan; for example, a tree muat replace a tree, a shrub must replace a shrub, a ground cover must replace a ground cover, etc. Replacement shall occur in the next planting aaaaon, but in any event, such replacement time 'hall not exceed one (l) year. Any replacement which con- for-a to the requireaanta of thie section ehall not be co nsidered an ... ndment to the landscaping plan . (3) Veilura to provide adequate aaintenance reeultina in tha deterioration of traae, 1hrub1 or other livina pl a nt aaterial vi leta• th objectivae of thil ordinance, and the City Mana r or hi• deli nee shall have the property posted ivi propriate noti o£ the viol cion o! th1a ordi- n • an4 .. ttin forth that the violation a~at ba cor• r c d within 1v (5) <lay• o th poltina of thu no .L jl, lf t • n ture of the violation .. k it iapra tical to t w1 hin tv ( S) d y1, th r lh l1 aub it I • • - r • • • -10- letter of intent to correct to the City Manager and shall correct the violation in the next planting season. Failure to reasonably comply with this ordinance, either after filing a letter of intent or without filing such a letter, can lead to action being taken in accordance with E.M.C.'69, 1-1-20, as amended. • • I • - ( { • • • Section 2. Hearing. In accordance with Section 40 of the City Charter, the City Council shall hold a public hearing on this Ordinance, before final passage, at 7:30 P.M. on December 20, 1983. Introduced, read in full, and passed on first reading on the 21st day of November, 1983. Published as a Bill for an Ordinance on the 23rd day of November, 1983. 1983. Amended and passed as amended on the 20th day of Deceni>er, 1983. Published in full as amended on the 28th day of Deceni>er, Read by title and passed on final reading on the 16th day of January, 1984. Published by title as Ordinance No. & , Series of 1984, on the 18th day of January, 1984. Attest: Eugene L. Otis, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treuurer of the City of Pnglew<Jd, Colorado, hereby rtify ttwat the above and foregoing ia a tr , accurate and caaplete copy of the Ordinance 'f&Md on final ll ading and published by title u Ordinance No._Q(__, Seri• of 1984. • • • ORDINANCE 00. SERIES OF 198.-:4--- • • - BY AVTHORITY A BILL FOR COUNCIL BILL 00. 1 I~ BY Q;lUNCIL MEMBER_~ f\J...M'-"---- AN ORDINANCE APPROVING AN AGREll1mr WITH THE CITY OF SHERIDAN, PROVIDING FOR MtliUAL AID FOR FIRE PROTD:TION FOR BOTH ENI'ITIES. WHEREAS, assistance from other fire protection agencies provides a higher level of protection for the City of Englewood; OOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF mGL~, CX>LORADO: Section 1. "nlat an agreement entitled "fol.ttual Aid Agreement" is hereby approved by the City Council. Said agreement provides as follows: MtliUAL AID AGU:ll1mr THIS AGREll1mi', made by and between the SHERIDAN FIRE DEPARTMENI', hereinafter called "Sheridan", and the !N:>L~ FIRE DEPARTMENr, hereinafter called "Englewood," WITNESSETH THAT WHEREAS, Sheridan is a ITllllicipal corporation organized and existing pursuant to Article XX, Section 6, of the Colorado Constitution; its territorial jurisdiction generally is the legal boundaries of the City of Sheridan, Colorado; and WHEJU:AS, Englewood ia a IIUlicipal corporation organized and xisting pursuant to ~icle XX of the Colorado Constitution, its Chart r, and Ordinances; its rr itorial jurisdiction generally ia the 1 al boundaries of the City of Englewood, Colorado; and ch of the parties reto intains • 7.6 • • • • .. • WHEREAS, it is to the interest of each of the parties that they may have service of and fran the other party to aid and assist them in the ~rpose of fighting fires or responding to other e:nergencies; NOW, 'IHEREFORE, IT IS MlmJAILY AGREED by and between the parties as follows: I • MlmJAL AID 1. For and in consideration of the pranises of Sheridan, hereinafter set forth, Englewood agrees with ~ridan that in the event there are e:nergencies in the territory served by Sheridan which are beyond the control of the fire department of Sheridan , whether because of their equipment at other places or because of the intensity of the emergency, or otherwise, Englewood agrees, subject to the limitation hereinafter set forth, to aid and assist Sheridan by causing and pennitting its fire department and its equiJ;ment to be used in responding to emergencies in the territorial area of ~ridan, and the need for such aid and assistance shall be detennined by the fire department of ~ridan; subject, however, to the following limitations: Englewood shall be excused fran making its equiJ;ment and services available to Sheridan in the event of the need of the e:nergency equiJ;ment and the manpower within the territorial area of Englewood, or their prior use at any place, which decision of availability shall be made by the fire department of Englewood, and which decision shall be conclusive. 2. For and i n consideration of the pranises of Englewood, hereinafter set forth, Sheridan agr s with Englewood that in the event there are fires or other emergencies in the territory rved by Englewood lotl i ch are beyond the control o f the Fire Department of Englewood, lotlether because of use of the i r equipment at other places or because of the intensity of the rgency, or otherwise, Sheridan agr s, subj ect to the l i mi ta- tion herei nafte r set forth, to aid and s i st Englewood by causing nd penni tt i ng Sher i dan Fire Department and equipnent to used in res ponding to emergencies i n th terri tor ial area of Eng l ewood, and the for wch aid and sistance shall be t nnined by the Fire rtment of Englewood ; subject , r , to the follow1ng limi tion: 2 ita equi or of the rri orial i•1on rid I • • • • 3. The services rendered by one party to the other are of equal value to the services rendered by the other party, and there shall be no charges made by the one party for the services rendered to tl:le other party, except that in the event of equipment damage by reuon of the action of the enployees of the other party, the liability and loss shall be determined on the basis of the fault or negligence of any anployee. If the employee is determined to be at fault or negligent, the party aaploying that Elllployee shall be liable for the loaa. 4. Each party sha'll be expected to maintain its equipment and orgapize ita &Dargency responae 118thod with both manpower and equipment to the degree necesaary to cope with the ordinary and routine emergencies arising within its boundaries and for which the party is organized. Neither party shall expect the other to re8p0nd to &Dargency calls 11tlere the aaergency arises due to a failure to organize available manpower or maintain equipment i n proper working order and in sufficient quantity to meet the respective ~s of the persona and property within each of the party' a respective jurisdictions. II • C1l'HER ~ISI OOS 1. Either party her eto may ter minate th is contract w1thout cause upon thirty (30 ) days ' pdor wr i tten not i ce to the other. I WITNESS ~, the parties hereto hav e eKccuted this "'Jr t this y o! , 1984. DliLD«Xll F I RE DE P~ By ____ ~~~-------------Hayor By ____ ~~~~7r~~-------Fire Ccmmissioner Att.t: Fire diief 3 • I • • • • • APPOOVED AS TO FORM: By ·~J~ames--~M~.~B-rom __ an ______ ___ City Attorney Fire Olief Section 2. 'lbe City Coi.U'lCil of the City of &lglewood hereby authorizes the Mayor and ex officio City Clerk-Treasurer to sign and attest the same for and in behalf of the City of Englewood. Section 3. All previous agreements relating to mutual aid with the City of Sheridan are hereby revoked. Introduced, read in full, and passed m first reading m the 16th day of January, 1984. Published as a Bill for an Ordinance m the 18th day of January, 1984. Attest: Eugene L. ot1s, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby rtify that the above and foregoing is a true, accurate and OCIIIPl te copy of a Bill for an Ordinance, 1ntrodooed, read in full, and passed on first reading on the 16th day of January, 1984. Giliy R. Higbee 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 MUTUAL AID AGREEMENT JANUARY 16, 1984 1B SHERIDAN FIRE DEPARTMENT IN IT I A TED BY JAMES SBQMA~. EIRE !;i::llEF ACTION PROPOSED AEEBQYE A~D Sl~~ A EQBMA~ AGREEMEMT WITH THE CITY OF S~EBlDA~ IQ EBQYlDE EQB I~E BQUil~E E~!;~A~§E QE SERVICES DURING PER Inns nl'" llfJIISIIAI OI'"MANO THIS AGREEMENT IS A STANDARD FORMAT WHICH AUTHORIZES THE MUTUAL AID BUT PROVIDES EXCUSE IN THE EVENT EITHER PARTY IS UNABL E TO RESPOND, THt St RVICES DESCRI BED I N THI S AGREEMENT ARE CONSIDERED OF EQUAL VA LUe AN U, THERE FORE, NO MO NEY I S EXCHANGED EXCEPT FOR EQUIPMENT LOSS OR DAMA GE . Trl!S AGREEME NT ESSENTI ALLY FOR MA LI ZES AN I FOR MA L WORK IN G RE LAT IO N- SHIP THAT HAS EXISTED FOR SO ME TIM E, SUGGESTED ACTIO : HOVE TO PASS COUNCIL BILL NO, 1 OVED BY SECOND • Yes NO ABSENT • • • • ORDINANCE NO. BY AUTHORITY SERIES OF 198_4 __ _ A BILL FOR COONCIL BILL NO. 2 INTROOU~y CXXJNCIL MEMBER ~,- AN ORDINANCE APPROVI~ AN AGREEMENT WITH THE CASTL~ FIRE PROTEX:l'ION DISI'Ricr, PROVIDI~ FOR MtJl'UAL AID FOR FIRE PROTFX:TION FOR BOTH ENTITIES. WHEREAS, assistance from other fire protection agencies provides a higher level of protection for the City of Englewood; ~. THEREFORE, BE IT ORDAINFD BY THE CITY CXXJNCIL FOR THE CITY OF ENGL~, COLORADO: Section 1. '!bat an agreement entitled "l'kltual Aid Agreement" is hereby approved by the City Council. Said agreement provides as follows: MtJl'UAL AID AGREEMENT THIS AGRE.EMENT, made by and between the CASTLDiOOD FIRE POOTFX:TION DISI'Ricr, hereinafter called "castle wood," and the ENGLDiOOQ FIRE DEPARTMEm', hereinafter called "Englewood," WITNESSEni THAT WHEREAS , castl wood is a fire protection district organized nd xisting lmder Part 3 , Olapter 32 , of th Colorado Revised Statutes; and WHEREAS, Englewood is a I!Uiicipal corporat1on organized and eust1ng pursuant to Article XX of the Colorado Constitut1on , 1 s Chart r, and Ordinances; its territorial Jutiadic ion generally is the l al bound n of the City of Englewood, Colorado; and equi ch of the puti hereto 1n ins • rgency r of the s than the rgencies o solely by the rg urs; I • • • • WHEREAS, it is to the interest of each of the parties that they may have service of and from the other party to aid and assist than in the p.Jrpose of fighting fires or responding to other emergencies; NOW, 'ffiEREFORE , IT IS MU!tJALLY AGREED by and between the parties as follows: I • MU!tJAL AID 1. For and in consideration of the promises of Castlewood, hereinafter set forth, Englewood agrees with Castlewood that in the event there are emergencies in the terri tory served by Castlewood which are beyond the control of the fire department of Castlewood, whether because of their equipnent at other places or because of the intensity of the emergency, or otherwise , Englewood agrees, subject to the limitation hereinafter set forth, to aid and assist Castlewood by causing and permitting its fire department and its equipnent to be used in responding to emergencies in the territorial area of Castlewood, and the need for such aid and assistance shall be determined by the fire department of Castle- wood; subject however, to the following limitations: Englewood shall be excused from making its equipnent and services available to Castlewood in the event of the need of the anergency equipnent and the manpower within the territorial area of Englewood, or their prior use at any place, which decision of availability shall IMide by the fire department of Englewood, and which decision shall conclusive. 2. For and Englewood, of 2 I . - • • • • 3. The services rendered by ooe party to the other are of equal value to the services rendered by the other party, and there shall be no charges made by the ooe party for the services rendered to the other party, except that in the event of equipment damage by reason of the action of the anployees of the other party, the liability and loss shall be determined oo the basis of the fault or negligence of any employee. If the anployee is determined to be at fault or negligent, the party employing that employee shall be liable for the loss. 4. Each party shall be expected to maintain its equipment and organize its anergency response method with both manpower and equipment to the degree necessary to cope with the ordinary and routine emergencies arising within its boundaries and for which the party is organized . Neither party shall expect the other to respond to emergency calls where the emergency arises due to a failure to organize available manpower or maintain equipment in proper working order and in sufficient quantity to meet the respective demands of the persons and property within each of the party's respective jurisdictions. II. O'mER PROVISIOOS 1. Either party hereto may terminate this contract without cause upon thirty (30) days' prior written notice to the other. IN WI'IWESS WHERroF, the parties hereto have executed this Agreement this _ day of , 1984. CASTLDIOOO FIRE PRJ'm:TIOO DISI'RICT By--~~~~~~~~~----­President of the Board Attest: Seer tary of the Board 3 DCLf.WCa) FIRE DEPARTHDIT Attest: • • • - • • • • Section 2. The City Council of the City of Englewood hereby authorizes the Mayor and ex officio City Clerk-Treasurer to sign and attest the same for and in behalf of the City of Englewood. Section 3. All previous agreanents relating to mutual aid with the Bancroft Fire Protection District are hereby revoked. Introduced, read in full, and passed oo first reading oo the 16th day of January, 1984. PUblished as a Bill for an Ordinance oo the 18th day of January, 1984. Attest: EUgene L. otis, Mayor ex off1c1o C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and ocmplete copy of a Bill for an Ordinance, introduced, read in full, and paned oo first reading oo the 16th day of January, 1984. Gary R. Hi9t)ee 4 I • • - • - C 0 U N C I L C 0 M M U N I C A T I 0 N '' DATE AGENDA ITEM SUBJECT MUTUAL AID AGREEMENT JANUARY 16, 1984 1C CASTLEWOOD FIRE PROTECTION DISTRICT INITIATED BY ~AMf~ BROMAN• FIBf CHIEF ACT! ON PROPOSED M~~BQVf AMll SlGM A FORMA~ AGREEMENT WITH THE CASTLE- ~QQll FlBf ~BOifCIIOM lliSIRICT TO PROVID' FOR THE ROUTINE EXCHANGE OF SERVICES DURING PERIODS OF UNUSUAL DEMAND THIS AGREEMENT IS A STANDARD FORMAT WHICH AUTHORIZES THE MUTUAL AID BUT PROVIDES EXCUSE IN THE EVENT EITHER PARTY IS UNABLE TO RESPOND, THE SERVICES DESCRIBED IN THIS AGREEMENT ARE CONSIDERED OF EQUAL VALUE AND 1 THEREFORE, NO MONEY IS EXCHANGED EXCEPT FOR EQUIPMENT LOSS OR DAMAGE, THIS AGREEMENT ESSENTIALLY FORMALIZES AN INFORMAL WORKING RELATION- SHIP THAT HA S EXI STED FOR SOME TIME, SUGGESTED ACTION: MOV TO PASS COU NCIL BILL NO, 2 MOVED BY SECO D YES 0 85 NT • • ( ORDINANCE 00. SERIES OF 198...,.4 __ _ • • - BY AIJI'HORITY A BILL FOR COUOCIL BILL 00. 3 I~y CXXJNCIL MEMBER £d AN ORDINANCE APPROVING AN .1\GREDmlr WITH THE BAOCROE"I' FIRE PROTFX:TIOO DISTRICT 1 PROVIDING FOR MUruAL AID FOR FIRE PROTECI'ION FOR BOTH ENI'ITIES. WHEREAS, assistance from other fire protection agencies provides a higher level of protection for the City of Englewood; ~. 'lliEREFORE, BE IT ORDAINED BY 'mE CITY OXJNCIL FOR 'lliE CITY OF ENGLEWOOD, <X>LORADO: Section l. That an agreement entitled "l'tltual Aid Agreement" is hereby approved by the City COuncil. said agreement provides as follows: MUruAL AID ~ 'lliiS AGRED1mr, made by and between the BMCROE"I' FIRE PROTFX:TIOO DISTRICT, hereinafter called "Bancroft," and the DG:..~ FIRE DEPARno!ENT, hereinafter called "Englewood," WITNESSETH 'mAT WHEREAS, Bancroft is a fire protection district organized and existing under Part 3 , Chapter 32, of the Colorado Revised Statutes and its territorial jurisdiction generally is the southeastern corner of Jefferson County, COlorado, excluding that territory within the jurisdiction of the Littleton Fire Protection District; and WHEREAS, Englewood is a IJU1icipal corporation organized and existing pursuant to Article XX of the Colorado Constitution, its Charter, and Ordinances; its territorial jurisdiction generally is the 1 al boundari of the Ci y of Englewood, Colorado; and ch of ntaina rgency WHEREAS, may ar i in one or the other of Jurisdictions of parti r ulting in gr t r manpc>wer and i t of that party can handle; or int nsi y may occur tha y canno handl of the party in who jurisdiction the • • • • • • WHEREAS, it is to the interest of each of the parties that they may have service of and from the other party to aid and assist them in the purpose of fighting fires or responding to other emergencies; OOW, 'IHEREFORE, IT IS Mt1IUALLY 1\GREID by and between the parties as follows: I • MlJruAL AID 1. For and in consideration of the promises of Bancroft, hereinafter set forth, Englewood agrees with Bancroft that in the event there are anergencies in the terri tory served by Bancroft which are beyond the control of the fire department of Bancroft, whether because of their equipment at other places or because of the intensity of the emergency, or otherwise, Englewood agrees, subject to the limitation hereinafter set forth , to aid and assist Bancroft by causing and permitting its fire department and its equipment to be used in responding to emergencies in the territo- rial area of Bancroft, and the need for such aid and assistance shall be determined by the fire department of Bancroft; subject, however, to the following limitations: Englewood shall be excused fran making its equipment and services available to Bancroft in the event of the need of the emergency equipment and the manpower within the territorial area of Englewood, or their pr i or use at any place, which decision of avai lability shall be made by the fire department of Englewood, and which decision shall be conclusive. 2. For and in consideration of the promises of Englewood, hereinafter set forth, Bancroft agrees with Englewood that in the event there are fires or other emergencies in the territory served by Englewood looh ich are beyond the control of the Fire Department of fl'lglewood, whether because of use of their equipment at other places or because of the intensity of the emergency, or otherwise, Bancroft agrees, subject to the limita- tion hereinafter set forth , to aid and assist Englewood by causing and permitting Bancroft Fire Department and equipment to used in responding to emergencies in th territorial area of fl'lglewoocl, and need for such aid and assistance shall be termined by the t of fl'lglewood; subject, however, to the following ncroft 11 excused fran king its equipment or to fl'lglewood in the event of the of the t or of the within the territorial or prior us of any place , loohich ision by th Fire rtmen of ncroft, concl iv • 2 • I • • • • • 3. The services rendered by ooe party to the other are of equal value to the services rendered by the other party, and there shall be no charges made by the ooe party for the services rendered to the other party, except that in the event of equipnent damage by reason of the action of the employees of the other party, the liability and loss shall be determined on the basis of the fault or negligence of any employee. If the employee is determined to be at fault or negligent, the party employing that employee shall be liable for the loss. 4. Each party shall be expected to maintain its equipnent and organize its emergency response method with both manpower and equi{XDE!I'It to the degree necessary to cope with the ordinary and routine emergencies arising within its boundaries and for which the party is organized. Neither party shall expect the other to respond to emergency calls where the emergency arises due to a failure to organize available manpower or maintain equipment in proper working order and in sufficient quantity to meet the respective demands of the persons and property within each of the party's respective jurisdictions. II. OTHER POOVISIONS 1. Either party hereto may terminate this contract without cause upon thirty (30) days' prior written notice to the other. IN Wl'IWESS WHERDJF, the parties hereto have executed this Agreement this ___ day of , 1983. !WCROf'I' FIRE PIOnX:TIOtl DISTRICT ~--~~~~~~=-~----President of the Board Attest: A torney for the Oiatrlct 3 DG.D«XX:l FIRE DEPAlm1mr ~~--~~~~---­Eugene L. Ot1s, Mayor Attest: officio By -.J~am~~~TH~.-u·r~aman~~------ Fire Olief I • • • • Section 2. The City Council of the City of Englewood hereby authorizes the Mayor and ex officio City Clerk-Treasurer to sign and attest the same for and in behalf of the City of Englewood. Section 3. All previous agreements relating to mutual aid with the Bancroft Fire Protection District are hereby revoked. Introduced, read in full, and passed oo first reading oo the 16th day of January, 1984. Published as a Bill for an Ordinance oo the 18th day of January, 1984. Attest: Eugene L. otlS, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of a Bill for an Ordinance, introduced, read in full, and passed oo first reading oo the 16th day of January, 1984. Gary R. Higbee 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 MUTUAL AID AGREEMENT JANUARY 16 , 1984 7b BANCROFT FIRE PROTECTION DISTRICT INITIATED BY JAMES BROMAN, FIRE CHIEF ACT! ON PROPOSED APPROVE AND SIGN A FORMAL AGREEMENT WITH THE BANCROFT FIRE PROTECTION DISTRICT TO PROVIDE FOR THE ROUTINE EXCHANGE OF SER- VICES DURING PERIODS OF UNUSUAL DEMAND, THIS AGREEMENT IS A STANDARD FORMAT WHICH AUTHORIZES THE MUTUAL AID BUT PROVIDES EXCUSE IN THE EVENT EITHER PARTY IS UNABLE TO RESPOND. THE SERVICES DESCRIBED IN THIS AGREEMENT ARE CONSIDERED OF EQUAL VALUE AND, THEREFORE, NO MONEY IS EXCHANGED EXCEPT FOR EQUIPMENT LOSS OR DAMAGE, THIS AGREEMENT ESSENTIA LLY FORMALIZES AN INFORMAL WORKING RELATION- SHIP THAT HAS EXISTED FOR SOME TIME. SUGGESTED ACTION: MOVE TO PASS COUNCIL BILL NO, 3 MOVED BY SECOND YES NO ABSENT I . • ( ( • • - BY AU'IHORITY ORDINANCE 00. SERIES <F 198'74-- 1E COONCIL BILL 00 • .frY 4 INTRODUCED BY COONCIL MEMBER FITZPATRICK AN ORDINANCE APPROVIN:i AN~ TITLED "JOINT RFX:REATION AGREEMENT" PROVIDIN:i FOR SHARED USE OF 'IHE EH;LF.WCOD HIGH OCHOOL ~II+IIN:i POOL. WHEREAS, p.Jrsuant to an agreement dated the 27th day of June, 1966, the City of Englewood and the Englewood School District entered into an agreement providing for the construction and operation of an indoor swimning pool to be constructed and located on Englewood School District property; and WHEREAS, the parties have operated under said agreement for a period of seventeen years; and WHEREAS, due to usage, operation conditions, inflation, and other variable factors, it is necessary to amend the agreement; NOW, 'IHEREFORE, BE IT ORDAINED BY 'IHE CITY COONCIL OF 'IHE CITY OF Eta.D«XD, a:>LORAOO, AS FO~: Section 1. There is hereby approved an agreement titled "Joint Recreation Agreement," which reads as follows: 'IHlS N:iBEEMmr, m and executed this day of , 1984 , by and bet n the CI TY <F ~, _a_Jrun __ i,....c""'i_pa_,..l-co_r_po-ration organized and existing p.Jrsuant to the provisions of Article XX of the Constitution of the State of Colorado, reinafter called "City", and s::HOOL DISTRICT • 1, COUN'IY OF ARAPAHOE, a:>LORAOO, a qu si~unicipal corpora ion, r inafter called "District", WI E'ni • gr nt Statu ion sys thority, by , to ooo rat in y manner I • ( • • • WHEREAS, an indoor swinming pool for the use of student swimming instruction and for public use generally has been constructed and is being operated under a rooperative agreement between the parties dated June 27, 1966 on a certain portion of realty owned by the District together with certain other Unprove- ments thereon, the legal description is attached hereto and, by this reference, incorporated herein; WHEREAS, due to usage, operation conditions, inflations, and other variable factors, it is necessary to amend the June 27, 1966 agreement for the period from September 1, 1983 to January 1, 1985; the parties desire the provisions herein to apply; ~. 'mEREFORE, in consideration of the mutual covenants and obligations herein contained, it is mutually covenanted and agreed as follows: 1. '!he indoor pool, building and related facilities located at the Englewood High School shall be controlled and supervised by the parties hereto on a joint cooperative basis to provide swimming facilities for the students of the District and to provide swinming facilities for the public at large according to the terms hereof. 2. a. The City Manager and the Superintendent of the District shall, either personally or through their designee, from time to time, agree upon the time or times when said pool, building and facilities shall be available for student use and the time or times when the same shall be available for public use, provided, however, the District shall have the prior right to use of the same for Englewood Public School purposes. The City shall have the prior right to us the same during the days and hours ..tlen the Englewood Public Schools are not using the pool for their purposes. b. It is agreed that either party hereto may establish such progran or f for the use of the pool durirg the period that that party is in control of the same as it may, from time to time, determine and, in that event, neither party hereto shall have any responsibility or obligation to account to the other party there- for. Rental of the pool on an hourly basis to third parties shall by mutual agr t of th parti rete, however, program f and public sw ing f shall not considered rental f The funds fr r ntals to said parti (no a f program of party) shall sh r ally nd in off tting rat onal the pool fined in paragraph 4. 2 • • • • - accommodated upon such facilities. The District shall reserve five (5) spaces for City use of the pool. It shall be the responsibil- ity of the City to police the use of such spaces. 3. a. Each party hereto shall employ, canpensate and be responsible for its supervisory personnel, such as lifeguards, which shall be employed and utilized during the times that the party shall have the pool, buildings and related facilities at its disposal. b. It is anticipated the District shall provide and pay for sufficient qualified maintenance personnel to properly maintain the facilities. School shall also provide maintenance during the t irne that the City uses the pool. c. Should the School not provide maintenance or said maintenance is not satisfactory, City may provide maintenance. d. In any event, the cost of providing maintenance and custodial personnel shall be shared by both the District and the City, Fifty Percent (50%) paid by each. 4. a. Maintenance: City and District shall each pay Fifty Percent (50\) of actual costs for water, electricity, natural gas, supplies and chemicals, custodial labor, maintenance labor and materials of electrical/mechanical equipment, for the swUnming pool fran September 1, 1983. Billing shall be made quarterly and shall be in sufficient detail to evaluate the correctness of the billing. With respect to supplies, chenicals and maintenance materials of electrical/mechanical equipment, the sun of which exceeds $2,000 per item, the City shall first notified and the parties shall negotiate in good faith for the joint pa~t thereof. b. Capital It 'l'he City shall not be responsible for discretionary non-sential capital iJ~t>rov ts, not required for the safe operation of the Unming pool. 'l'he City shall r sponsibl for one-half (1/2) of the costs of capital expenditur s or r irs ry for t saf operation of the swUnming pool. With r spect to such capital expenditur and repairs, the sun of which ex s $2,000 per it , the City shall notified nd parties shall otiate in good faith for JOin pa~t. I • • • • • and to pay such premiums therefor as may, frCII'I time to time, be agreed upon. In the absence of such agreement, the matter shall be submitted for final determination to the committee created by paragraph 7 hereof. 7. Should any dispute arise between the parties or their successors involving the interpretation, construction, or applica- tion of this Agreement, or involving the relationship of the parties hereto in the joint operation of the recreational facili- ties hereby envisioned (lobether specifically covered by the terms and provisions hereof or not), it is agreed that any such dispute shall be sulmitted, for a final and bindii'J1 detemination, to a committee exxtp:>sed of three IIIBibers, one IIIBiber of l«<ich shall be chosen by each of the parties, with the third l'IIE!IIiJer bein:~ selected by the two party-chosen IIIBibers. 'Any decision upon any such dispute shall be by majority vote and shall have the sane effect as an arbitration award under the laws of the State of Colorado. a. 'Itlis Agreement shall extend, and be bindii'J1 upon, any and all successors or assigns of the parties hereto. 9. The tem of this Agreement shall be fran Septerrber 1, 1983 to January 1, 1985. At all other times the Agreanent of June 27, 1966 shall be effective. Any teens of said June 1966 agreement not amended hereby shall ranain in full force and effect. WI'INESS our hands and seals the day and year first above written. Attest: Seer tary, Board of !i'Jucation Att t: 1do city C1 4 s:liOOL DIS'l'Ricr t«>. 1 ARAPA!«E COI.Jm'Y, COWRADO By -=Pr-es--i~den~~t-,~Boa~-r~d~of~---- Ek3ucation • • - ( ( • • • Introduced, read in full, and passed on first reading on the 21st day of November, 1983. Published as a Bill for an Ordinance on the 23rd day of November, 1983. 1984. Amended and passed as amended on the 16th day of January, 1984. Published in full as amended on the 18th day of January, Attest: Eugene L. OtlS, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of F.hgle"'IOd, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 21st day of Nove!tler, 1983, published in full on the 23rd day of November, 1983, amended and passed as amended on the 16th day of January, 1984, published in full as amended on the 18th day of Jaruary, 1984. Gary R. Higbee 5 • I • • ( • • - 1E MEMO TO: All interested Parties Regarding Joint Recreation Agreement (High School Pool) FROM: Rick DeWitt, City Attorney DATE: January 12, 1984 Attached hereto is Draft No. 3 dated 1/12/84. This particular draft is in response to suggestions from the attorney for the School Board. I would like to point out those changes to you. 1) Page 1, the last two WHEREAS clauses have been consoli- dated and modified slightly to provide the reasons for the amendment of the 1966 agreement and, further, that our rights are not as a real property owner. 2) Page 3, paragraph 7, is no longer necessary due to the fact that the June, 1966 agreement survives the proposed agreement. 3) Page 4, the paragraphs are renumbered in light of paragraph 7 being deleted, and paragraph 9, at the end, in addition, the June, 1966 agreement covers any provision not covered by these amendments. That is, the current proposed agreement supersedes any conflictina provision in the June 1966 agreement. Should you have any ques ions regardi~ not hesitate to contact this office ( bb cc: M yor 0 1 nd M mb r a of City Council Andy McCown, City Manaoer M mbers of Parks and Recreation Commission • r, please do I • • ( ( • • - :]nArY =lr .. ~ ....... oate..~Mt JOINT RECREATION AGREEMENT THIS AGREEMENT, made and executed this day of , 1984, by and between the CITY OF ENGLEWOOD, a municipal corporation organized and existing pursuant to the provisions of Article XX of the Constitution of the State of Colorado, hereinafter called "City", and SCHOOL DISTRICT NO. l, COUNTY OF ARAPAHOE, COLORADO, a quasi-municipal corporation, hereinafter called "District", WITNESSETH WHEREAS, both parties hereto have been granted authority, by reason of the provisions of Colorado Revised Statutes , to cooperate together in the conduct of a public recreation system in any manner in which they may agree; and WHEREAS, the City, by reason of the provisions of Article XII, Section 120, of its Charter, has authority to cooperate with other public authorities to implement its public recreation program; and WHEREAS, an indoor swimming pool for the use of student swimming instruction and for public use generally has been constructed and is being operated under a cooperative agreement between the parties dated June 27, 1966 on a certain portion of realty owned by the District together with certain other improve- ments thereon, the legal description is attached hereto and, by this reference, incorporated herein; WHEREAS, du to usag , op rat1on conditions , inflation , other variable fac ors, 1t is neces ry to mend th June 27, agr ement for the period from Septemb r 1, 1983 to J nuary 1, the parties d s1r the provis1ons herein to apply; nd 1966 1985; NOW, THEREFORE, 1n consid ration of the mutual covenants and obligations herein contained , it is mutually covenanted and agre d as follows: 1. The indoor pool, bu1ld1nq nd related facilitl s locat d a th Enql wood High School shall be controlled and sup rvis d by the parti s h reto on a JOint cooperat ve b s s to provid swi ng facil1ti s for th students of the D1s rict and o provide swi 1ng f ciliti s for the public t larg ccording to he erma her of. of th si ne fro or tim Ul t c:S, how 0 Ul • Ill • • • • .. for Englewood Public School purposes. The City shall have the prior right to use the same during the days and hours when the Englewood Public Schools are not using the pool for their purposes. b. It is agreed that either party hereto may establish such program or fees for the use of the pool during the period that that party is in control of the same as it may, from time to time, determine and, in that event, neither party hereto shall have any responsibility or obligation to account to the other party there- for. Rental of the pool on an hourly basis to third parties shall be by mutual agreement of the parties hereto, however, program fees and public swimming fees shall not be considered rental fees. The funds from rentals to said parties (not a fee program of a party) shall be shared equally and used in offsetting the operational costs of the pool as defined in paragraph 4. c. At those times when the City is operating the pool, building and related facilities, the District shall make available to that portion of the public using the same so much of the present parking facilities presently upon the realty described above and so much of any future parking facilities as may be necessary for the parking of motor vehicles of those persons using the pool as may be accommodated upon such facilities. The District shall reserve five (5) spaces for City use of the pool. It shall be the responsibil- ity of the City to police the use of such spaces. 3. a. Each party hereto shall employ, compensate and be responsible for its supervisory personnel, such as lifeguards, which shall be employed and utilized during the times that the party shall have the pool, buildings and related facilities at its disposal. b. It is a nti ci p at ed t h Dtstrict shall prov i d and p a y for sufficient qu ali f i d m i ntenance personnel to prop r l y ma i nta i n th fa c 1lit i es. Sch oo l shal l a l so prov i d e ma1ntena n ce durtng th tim that th City uses th e pool . c . Should he School not p rovi d mai nt n nc o r said main e n a n c is no satis f acto r y , Ci y may provid main n ance . d . In ny v nt , th coat of p r oviding aintenanc and cus odial p raonnel sh 11 be shar d by both th Dls rict and h Ci y , Pif y P rc n (50 ) pa1d by ach. 4. a . Ha1nt n nc : City and Dis P rc nt (50\) of actual cos a for water , supplies and ch micala , custod1al labor , m t rtals of 1 ctrical/mechanical qulp S pt r 1 , 1 83. Bill ng sh 11 n au n d tail o valua h h reap o sup li s, ch 1c ls and 2 i y gas , and 1ng pool nd sh ll ng. • • • - electrical/mechanical equipment, the sum of which exceeds $2,000 per item, the City shall be first notified and the parties shall negotiate in good faith for the joint payment thereof. b. Capital Items. The City shall not be responsible for discretionary non-essential capital improvements, not required for the safe operation of the swimming pool. The City shall be responsible for one-half (l/2) of the costs of capital expenditures or repairs necessary for the safe operation of the swimming pool. With respect to such capital expenditures and repairs, the sum of which exceeds $2,000 per item, the City shall be notified and the parties shall negotiate in good faith for the joint payment. 5. During 1984, the parties shall commence formal negotia- tions for a new contract to replace the June 27, 1966 contract. Should the parties not agree to a new contract, then the June 27, 1966 contract shall bind the parties after December 31, 1984. 6. Each of the parties hereto agrees to obtain and to keep in force such hazard and liability insurance in sufficient amount to adequately protect the pool, building and related facilities, as well as to protect the parties from the claims of any third party, and to pay such premiums therefor as may, from t i me to time, be agreed upon. In the absence of such agreement, the matter shall be submitted for final determination to the comm i ttee created by paragr a ph 7 hereof. 7. Should a ny dispute arise between the parties or their successors i nvolving the interpretation, construct i on, or applica- t i on of this Agreement, or involving the relationsh i p of the p a rt i es hereto in the j oint operation of the recreational facili- ti es hereby nvisioned (whether specif i cally covered by the terms a nd pr o v i sions h reof or not), it i s agreed that any such disput shall be subm i tted, for a final and b i nd i ng det e rm i nat i on, to a co it te c ompos d of three members, one memb r of wh i ch shall b chos n by a c h of th par t ies, wi t h th e th i rd memb r be i ng s e le c ted by the two party-chos n m mb e rs. Any d c is i on upon any suc h dispu t e s h 11 be by m )O r i ty vot e a n d s h 11 h a v the same effec t a a an ar b i tr a t ion a ward u n d r the la ws o f t h St a t of Colorad o . 8 . Thls Agre ent shall extend , nd be bindi n g u p on , any and all successors or assigns of the parties h reto . 9. Th ter o th s Agre nt shall fro S pte ber 1 , 1 3 o January 1, 1985. At all oth r t m s th Agre n 2 7 , 19 6 shall ef c 1v • Any r s of sa1d Jun 19 6 no • nd d h reby shall r ain 1n full fore and f!ect . 3 • - ( • • • • WITNESS our hands and seals the day and year first above written. Attest: Secretary, Board of Education Attest: ex offic i o c i ty Clerk -Tre a surer • SCHOOL DISTRICT NO. 1 ARAPAHOE COUNTY, COLORADO By Pres1dent, Board of Education CITY OF ENGLEWOOD, COLORADO By-=------~~~--~------­Eugene L. Ot1s, Mayor • • - l ( ( i • • .. • COU NCIL C 0 M M U N I C A T I 0 N ,, ./ DATE January 1 6 , 1984 AGENDA ITEM SUBJECT Joint !Ecreation 1\greanent ?re ~ · INITI ATED BY The h1~ Parks and Recreatiw Qmissim ACT l ON PROPO SED Approval of IQft 13 of the Joint Recreatim Ai;refment At their regular m:nthly meeting of J anuary 1 2 , 1 984 , the Eng1e.axi Parks and Recreation Camrl.ssicn, by liWlimJus vote, made a reconrncndation in the form of a rrotion to accept Draft #3, dated 1/12/84 , of the Joint Recreaticn Agreem!llt as presented, which deal s with City/Sch::lo1 usc of the Engle.axi High Scroo1 Pool . • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE January 10, 1984 INITIATED BY AGENDA ITEM '6A Commpnity peyplopment SUBJECT Application for CDBG Funds on Behalf of Colorado Statewide Development Director ACTION PROPOSED ____ A~p~p~r~o_v~a~l_o~f~C~D_B~G~A~p~p~li~c~a~t~i~o~n~f~o~r __ fu~n~d~i~n~g~f~o~r~Co~l~o~r~a~d~o~---- Statewide Development Corporation. "BACKGROUND: Each year , the City of En lewood has th opportunity to apply to the State of Colorado for Community Dev lopm nt Block Grant (CDBG) funds. These are federal funds which ar administer d by th Colorado D part nt of Local Affairs. Cities with population of 50,000 or 1 s compet with each oth r for limited funds. The funds must b used to "creat livabl citi " throu h housin r habilitation , renovation and economic developm nt. In th pa t, th City has b en fortun te t o rec ive fund each y ar for a variety of pro rams including housin r habilitation, Broadway Com- m r cial Loan Program, f cad d sign, Hall y Parkin Lot con truction , and hous moving. For th tiona. Dl Corporation in • • • • RECOMMENDATION: It is recommended that the Englewood City Council authorize the submittal of a CDBG application to the State of Colorado for the Colorado Statewide Development Corpora- tion, by passing the Resolution II ___ , Series of 1984. SUGGESTED ACTIO N: MOVED BY _____________ _ SECO o _____________________ __ v~:s NO ___________ ~Al.l NT _____________________ __ I • - ( • • • RESOLUTION NO . _ _,.d::.-----'' SERIES OF 1984. A RESOLUTION AUTHORIZING THE SUBMITTAL OF A 1984 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION FOR STATE-WIDE DEVELOPMENT CORPORATION. WHEREAS, the State of Colorado is administering the Federal Community Development Block Grant (CDBG) program for 1984; and WHEREAS, one of the purposes of the CDBG program is to expand economic opportunities in communities; and WHEREAS, the Colorado Division of Commerce and Development is proposing the creation of a Statewide Development Corporation; and WHEREAS, the purpose of this Corporation is to provide risk capital for sound business development; and WHEREAS, CDBG funds can be used by such a non-profit corporation to assist small businesses; and WHEREAS, the businesses in Englewood would benefit from the participation of the City of Englewood in such a program; and WHEREAS, the City of Englewood finds that a public hearing was held on January 16, 1984, and that other required citizen participation has been complied with; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Englewood authorize• th aubaittal of an application for $ 1,000,000 in CDBG funds on b half of the Colorado Stat id Developm nt Corporation. ADOPTED AND APPROVED this -----day of --------• 1984. Mayor ATTEST: • I . RESOLUTION N0._--±-1 __ SERIES OF 1984 • • • A RESOLUTION OF THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY ,· AUTHORIZING THEIR SUPPORT OF THE 1984 APPLICATION OF 1HE CITY OF ENGLEWOOD FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR A STATEWIDE DEVELOPMENT CORPORATION WHEREAS, the Englewood City Council is considering applying for Com- munity Development Block Grant (COBG) funds for a Statewide Development Corporation; and · WHEREAS, this Corporation would provide risk capital for sound business development; and WHEREAS, such business loans would be beneficial to Englewood businesses; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Englewood Downtown Development Authority, Englewood, Colorado: 1. That they support the I984 application of the City of Englewood for CDBG funds for a Statewide Development Corporation. 2. That having been submitted to a roll call vote, the Resolution carried by the following vote: YEAS: r.lose, Coleman, Casson, 11olthaus, Kaufman, Mausolf, Neal, OwPnR, "endlPton, Tomooko NAYS: ~BSENT AND NOT VOTING: Maxwell ABSTENTIONS: ADOPTED AND APPROVED THIS 11 day of--=.J=•n.:.:u:.=•.::...ry'-----• 1984. rd Att t : • I • • • - C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM ~B SUBJECT COMMUNITY DEVELOPMENT BLOC K GRANT APPLICATION -FY84 INITIATED BY Department of Corrrnunity Development ACTION PROPOSED Consider the application for CD BG funds under the Small Citie s Program administered by the State of Colorado for Fiscal Year 1984 INTRODUCTION AND BACKGROUND The Federal Program: The Small Cities Program provides grants to units of local Govern- ment in both metropolitan and non-metropolitan areas to meet housing and corrrnunity development needs. The primary objective of the Small Cities Program is: (1) The development of viable corrrnunities by providing decent housing and a suitable living environment; and (2) Expandi ng economic opportunit ies , principally for persons of low-and moderate- income. The objective of the Small Cities Program is achieved through a plan, or program , de- veloped by the local government which is designed to give maximum priority to those activities which will benefit low and moderate income families or which will aid in the prevention or elimination of slum or blight. The request for funds may also in- clude activities which are designed to meet other urgent developm nt needs in th corrrnunity which pose a "seri ou s" and irrrnediate threat to the health or welfare of h corrrnunity if other financial resources are not available. The choice of activities is a d ermination which has to be made by the local govern- ment as to which will best se rve the objectives of the program. Funds , which are appropriated annu lly by the Congress for this program, are allocated by statutory ormula to each State. The maximum grant amounts set by the State for a Single-Purpose Project -$500,000; or a Multi-Purpose Project -$1,000,000 and fl)r a Multi-Jurisdiction 1 Project-$1,000,000, although he ctu 1 gran s w rd din iscal year 1983 w r cons1d r bly 11 r than xfm s. To compete in the Small Cities Progr , h local ov r Since the progr m 1s comp titive and the d • • • • rehabilitated through this program. In addition to an annual appropriation by the City Council, State and Federal funds have been provided for the rehab program and local banks have also joined in the program. One of the key factors i n getting funded is local commitment to a project. To ensure local commitment most of the administrative funds requested by applicants in FY1983 were deleted from the funded grants by the State. To prove local commitment staff requests that $100,000 from the 1984 PIF Budget be committed as matching funds on thi s CDBG application. In addition, staff anticipates a $25D,OOO line of credit from local banks as our pr i - vate matching funds. The funds will be targeted to target area 82 until that area is saturated and the re- maining funds will be available for use City wide. RECOMMENDATION: The Department recommends that the Council authorize submission of a Single-Purpose Grant application for $350,000 to continue the Housing Authority's Housing Rehabilita- tion Project, and commit $100,000 from the 1984 PIF Budget as matching funds for the Project. Citizen participation in the application process will be provided for within an ad- ministrative public hearing at 5:00 p.m. on January 16. SUGGES TED ACTI O MO VED BY _____________ _ S CO HO ______________ _ y:s~-----------N"Ov ___________ JA.Iu S NT ______________________ __ • - r ( RESOLUTION NO.:--}-+----SERIES OF 1984 q • • - A RESOLUTION OF THE ENGLEWOOD CITY COUNCIL, AUTHORIZING THE STAFF TO FILE AN APPLICATION FOR A SINGLE PURPOSE SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT TO FUND THE HOUSING REHABILITATION PROJECT FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Colorado State Department of Local Affairs has invited the submission of Small Cities Commun i ty Development Block Grant Appli- cations; and WHEREAS, the City of Englewood finds that a public hearing was held on January 16, 1984, and that other required Citizen Participation has been complied with; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Englewood, Colorado: 1. That City Council hereby authorizes the Staff to file an appli- cat i on for a single purpose Small Cities Community Development Block Grant to fund the Housing Rehabilitation Project for the City of Englewood and authorizes the City Manager to sign all necessary letters of trans- mi ttal, forms and assurances and certifications. 2 . That having been s ubmitted to a roll call vote, the Resolution carri ed by the following vote: _ Y£AS o ~ ~ 'tJ~, 't<J~, ~ AYS: dJMLt.. ABSENT AND NOT VO TING : ~ ABSTENTIO N S:~ ADOPTED AND APPROVED THIS f6tJa da.y of J~ , 1984. (/ Eugene L. Otis, Mayor Att t : I . • -• • - CITY OF ENGLEWOOD,· coLORADO 6 NORTH • I { ,.7( fiiV, •·II) t! (2100 8) Adriol ic REHABILITATION TARGET AREAS ~!.,j\.U-='-!!:A O.ford ~~~~~~~~~~~FM~_. ~r~~~HH~~~~~~~~~HHIHI+I ~ Aoclc:~lf Stonfold -" Tulia "' I ... 8 " N Gkor u I . • • - MEMORANDUM ---------- TO: City Manager McCown FROM: Susan Powers, Director of Community Development DATE: January 12, 1984 SUBJECT: Comprehensive Zoning Ordinance Revisions Because of the issues raised at the City Council's study session held on January 3rd, the following report addresses those issues raised by Council. 1. Lot Coverage. The staff reviewed recent development in the R-1 Zone Districts to calculate the lot coverage. The footprint of the principal structure, garage, storage shed, patio and breezeway (anything under a roof or considered a structure) was calculated. Driveways were cal- culated; however, they should not be considered as lot coverage. See Attachment A for the examples which were used. Lot coverage in the R-1-A, R-1-B, R-1-C should be reinserted but increase the percentage to 40% and include all structures on the lot in the def- inition of lot coverage . 2. Open Space. I ns tead of dropping open space c ompletely, and giving the impression that no open space is required, open space could be included and reference the landscaping ordinance. 3. Hom Occupation in the R-1-A. This is a policy decision o£ the City Council. If the decision is made to exclud home occupations, it will b dropped from the R-1-A. If hom occupations are to be allow d, the r gulation will be includ d. 4. Shar d Housing. Refer nee to s hared hou sing should be dropped in the R-1-A and R-1-B. I n th R-1-C, the existing language which allow one roomer or board r should be reinserted. 5. 7. Crou s. 110r (4 bl includ d. 1 c ndi 1 na for aroup ho• s ahould b consid r d. uld xia wi hin 2,640 roup h • • • • • • City Manager McCown January 12, 1984 Page -2- gw b. No group home should be located within 800 feet of the proposed group home. c. Group homes must provide off-street parking for each member of the staff on duty. In the definition of Group Home, it should exclude residential facilities for correctional institutions and include residential facilities which house more than four foster children. • I • • - • ( Address Zone District 81 Cottonwood Way R-1-A Driveway Area -528 sq. ft. • • • ATTACHMENT A Lot Coverage Statistics Permitted Lot Coverage 25% Lot Area Sq. Ft. 15,850.5 Sq. Footage (footprint of all struc- tures)(Includes Attached Garage , etc) 3,126.94 19.73% Lot Coverage 0 Sq. Footage Footprint of Structures + Driveway 3,655 23% Lot Coverage Sq. Footage Footprint of Structures, Driveway , and Additional Parking Areas ---------------------------------------------------------------------------------------------------------------------- 801 East Floyd Av nue R-1-C 30% 6,250 Driveway Ar a -315 sq. ft. Addition 1 Parking on side-332.5 sq. ft. 1, 779 28.5% Lot Cov rage 2,094 33.5% Lot Cover ge 2,426.5 38.8% Lot Cov rage ---------------------------------------------------------------------------------------------------------------------- 4596 South Elati R-1-A 25% Driv y -549 eq. ft. 8,785.4 2,287.5 26 Lot 2,836.5 32.2% Lot (Inforaation c • fr Buildina P r.it nd Land Ue Map 132: Cov ra e Cov ra ite Plan a not evailable .) ----------------------------------------------------------------------------------------------------------------------- 4795 outh lat1 R-1-A 25% Driv y -50 aq. ft. (h a d tach d aaraa ) ,250 (und r lo ar ) 2 ,3 7 3 .35% Lot c v raa ----------------------------------------------------------------------------------------------------------------------4 1 South lati -1-A 25% ,00 Driv ay -0 q. (lnforaa 1 n t n p) --------------------~-------------------------------------------------------------------------------------------------- • Address Zone District 4995 South Galapago R-1-A • • • Permitted Lot Coverage 25 % Lot Area Sq. Ft. 9,975 Sq. Footage Footprint of all structures Includes at- tached garage etc, 3,680 36.89% Lot 0 Sq. Footage Footprint of Structures + Driveway 4,310 43 % Lot Sq. Footage Footprint of Structures, Driveway, and Additional Parkin Area s Driveway -630 sq. ft. (Detached garage) Coverage Coverage i!~!~~~!~~-~~~~~-!!~~-~~~-~~!_~~2--------------------------------------------------------------------------------- •