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Home My WebLink About1984-02-06 (Regular) Meeting Agenda• • .. 0 City Council Meeting -Regular February 6, 1984 • • • • • 0 0 I . • • 7:30 P.M. 2. 5. • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL FEBRUARY 6, 1984 ~ Call to ~~r, invocation by Revetn'd ~mith, Englewood First Assembly of God, 4101 South Lincoln Street, pledge of allegiance by Boy S~out Troop IllS 1154, and roll call. {ijP~ Minutes. (a) Minutes of the regular meeting of January 16, 1984. (Copies enclosed.) Pre-Scheduled Visitors. (Please limit your pre- sentation to 10 minutes.) (a) Mr. Kenneth Gloss, Director of Arapahoe County Transportation Services, and Mrs. Maida Navis, InterFaith Task Force, will be present to discuss matters relating to the Senior Surrey. Other Vi sitors. (Please limit your presentation to 5 mi nute s .) Public Hearing. Communications -No Action R commended. (a) Minutes of th Parks and Recr ation Com mission meting of November 10, 1983. (Copies nclosed.) (b) Minut s of th Board of Career Service Co mmi sion- ers meting of No v emb r 17, 1983. (Copi a enclosed .) (c) Mlnu es of the Planning and zoning Co mission me inga o Decemb r 6 and 13, 1983. (Copie encloa d.) • I • • • • Page 2 February 6, 1984 Agenda Communications-No Action Recommended (Continued). (d) Minutes of the Board of Adjustment and Appeals meeting of December 14, 1983. (Copies enclosed.) (e) Minutes of the Public Library Board meeting of January 10, 1984. (Copies enclosed.) (f) Minutes of the Englewood Downtown Development Authority meeting of January 11, 1984. (Copies enclosed.) (g) Memorandum concerning Mr. Jack Poole's re- appointment to the Parks and Recreation Commission. (Copies enclosed.) 6. Communications -Action Recommended. 7. City Attorney. c__(~~l ~ C,~2.~~ ~@~~ I ,':> C,~~t~r, Ordinances on Final Reading. (a) (b) (c) (d) Ordinance approving an agreement with the City of Sheridan, providing for mutual aid for fire protection for both entities. (Copies enclosed.) Ordinance approving an agraement with Castle- wood Fire Protection District providing for mutual aid for fire protection for both entites. (Copies enclosed.) Ordinance approving an agreement with Bancroft Fire Protection District providing for mutual aid for fire protection for both entities. (Copies enclosed.) Ordinance pproving an agreement titled •Joint Recr ation Agreement• providing for shared use of the Englewood High School Swimming Pool. (Copies enclos d.) Bills for Ordinances. (e) ill per aining o the nforcement of au omobile mission con rol device insp ction progr m. (Copies enclosed.) I • • • • • • Page 3 February 6, 1984 Agenda City Attorney (Continued) . ..,~ (f) Bill annexing 30.34 acres of real property, (.4~ more or less, as hereinafter more particularly C-.l~ JM 0 described, to the City of Englewood, Colorado. t~ ~/ (Copies enclosed.) Other Matters. ~(g) Odd Fellows vs. City of Englewood. enclosed.) (Copies ~ {hf!"'~ 8. 9. Al'l/ab (h) ( i) (j) Memorandum from the City Attorney to the Mayor and Members of City Council concerning Municipal Court Quarterly Reports. (Copies enclosed.) Memorandum from the City Attorney to the Mayor and Members of City Council concerning a Public Service Cogeneration Opinion. (Copies enclosed.) Attorney's Choice. City Manager. (a) Council Communication from the City Manager concerning the Six-Quarter Budget for the period January, 1984 to June, 1985 . (Copies enclosed.) (b) Manager's Choice.~-~ o/~1-14 General Discussion. .r~~ ~ c,_r,_, I~ 'f\.IJ-A. .... ~..a;;_,~(tj ~ (a) May or 's Choice. ~ ~ t Z-t l -f4-- (i) Council Communication concerning appoint- ments to various Boards and Commissions. (Copies nclosed. >'-n1~ ~ /.,(~A (b) Council M mber's Choice.~~ <'4U.uJ. ~ cl -?-iii-c.J. 5 : u r-- Ad jou rnm nt. f~ iill'f '1J.~~ ..AU w-4).. 1M.. wad I • • • • • AGENDA ITEM ---PRESENTED BY ---- "OLL CALL Moved Seconded Ayes Nay Absent Abstain 111goav Neal Vo be1da Wei s t Bllo Bradshaw Otis OTI I . , • • • - AGENDA ITEM -----PRESENTED BY -------- 1\0LL CALL Hoved Seconded Ayes Ney Absent Absuln H fQOey v Heel v Vot>e ·d~ v Weist .....- Bllo "' Bred shew ,...... Otis 1/ MOTION: I • • -• • • PRESENTED BY -------- c__~ J-~ af'ttJd;;;,.~ ~~ ~ ~ "OLL CALL Moved Seconded Ayes N•y Absent Hlgd•Y Neal Vobe1da Wei st Bllo Bradsh.w Otis MOTION: • Abst•ln I • • • • • AGENDA ITEM _.!...j_v __ _ PRESENTED BY-------- ROLL CALL Moved Seconded Abstain HiCidav Neal Vobt!1da WeTs t v Bllo v Bradshaw Otl s MOTION: I • • • • • • AGENDA ITEM -----PRESENTED BY ------- ~ ~OLL CALL Hoved Seconded Ayes Nay Absent Abstain ' Hlgday \ Neal I Vob .. ,da I Wei s t I IIllo I Bradshaw I Ot is I ' MOTION: I • • • • • • - AGENDA ITEM c:;~ PRESENTED BY --- Moved Seconded Hlgday Neal Vobtnda Weist IIIIo Bradshaw Otis OTION: • • • - • , . • AGENDA ITEM PRESENTED BY ------------ ) "OLL CALL Hoved Seconded A yes M41y Absent Abstain Hfgdav Ne•l ~d. Weist Allo Br•dshw Otis • • • - • • AGENDA ITEM ---PRESENTED BY ----- ~OLL CALL Moved Seconded Ayes Nay Absent Ab t I s • n KT(Jday Nea VOM 1 d 4 Welu Rlln Sradshaw Otis MOTI 1 I . • • • • • AGENDA ITEM -----PRESENTED BY -------- ) "OLL CALL Hoved Seconded Absuln --w1 gday ...... Neal Vobtnda We 1st -Bllo Bradshaw Otis I • • • • • • PRESENTED BY -------- ROLL CALL Hoved Seconded Ayes Nay Absent Abstain v ~ay Neal Vobe1da Weist A llt> £,7' Bradshaw Otis HOTI I • • • • • • AGENDA ITEM -----PRESENTED BY-------- "OLL CALL Moved Seconded Absuln HIQdiY ' Neal I Vob•nda I Wei s t I v Bllo I y Bradshhl I Oti s \ MOTI • • • • • AGENDA ITEM -----PRESENTED BY-------- ~Oll CALL Moved Seconded Ayes Mly Absent Abstain Hlgelay '\. Neal I Vobe1Ja I IJe I st I Bllo I Bradshaw I Ot is l -~ {) \. MOTI ' l..41.A .. cr I . • • • • AGENDA ITEM -----PRESENTED BY -------- ~OLL CALL Hoved Seconded Hlq<lav .Neal Vobfo1da Weist Bllo Bradshaw Ot l s ION: I . • • • ..... AGENDA ITEM 6 ()...../ ,.. & PRESENTED BY -------- ~OLL CALL Moved Sec;onded Ayes N.y Absent Abstain Hlgday " Nul I vol>ft da I Weist I v Bllo I v BradshiiW I Otis I \ MOTI I • • • • ,. • AGENDA ITEM 1 ~ PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Absuln tH<idiY \ i? Neal I Vobenda I Weist I Rflo I .... Bradshaw I Otis \ '-... Men' I I • • • • • AGENDA ITEM ~1~-"'ub""~--PRESENTED BY -------- "OLL CALL ~ved Seconded Ayes Nay Absent Abstain Hlqdjy ...--Neal Vobft1da Wei s t Ill to t...--Bradshaw Otis HOI' I • • • • • AGENDA ITEM~~ PRESENTED BY -------- ~OLL CALL Hoved Seconded Ayes N.y Absent Absuln ., HTgday v Neal vc)i;ft"1da Wei st I 8110 I ,.. Bradshaw 7 Otis I \. I • • • • ,. • AGENDA ITEM 1 d. PRESENTED BY-------- ROLL CALL Hoved Seconded Abstain ..... t11goay I Neal Vobfnda Wei st v 8110 Bradshaw -Otis - MOTI I • . ------------------~~--~ • • • • AG ENDA ITEM _1...a....;~=----PRESENTED BY -------- ROLL CALL Moved Seconded HIQdav Neal vobe"lda Vers t v IIIIo '-""" llradshaw Oti s I • • • • • • AGENDA ITEM PRESENTED BY -------- Moved Seconded Ayes N Ab ay sent Abstain HTqday Neal Vobe1da Weist 1111" Bradshaw Otis HOTI I I . • • • • AGENDA ITEM ----PRESENTED BY ------ "OLL CALL Koved Seconded HlqcJiy Neal von..,rl,. \olelst lilfft lradsh~ Otl' MOTI 1 I . . • • • AGENDA ITEM -----PRESENTED BY-------- ROLL CALL Moved Seconded Ayes Nay Absent Absul n Hlgday \ Nul I Vo'bf>1da I Wei st I 811o I Bradshaw 1 Oti s \ ' MOTION: I . • • • .. • AGENDA>TEM * PRESENTED BY & ~ 3 -12 -f ?f ;: ~ ROLL CALL Moved Seconded liTQdlv Neal Vobt>ida Wei st Bllo Bradsh~ Otis I • • • • • • ROLL CALL M Absent Abstain Ayes ay Moved Seconded "IQdav Meal vobe1da Wei s t Bl lo Bradshaw r Oti s MOTION: I • • ITEM AGENDA O't'I ROLL CALL • • • PRESENTED BY • I • • • • • AGENDA ITEM t'a..-:: PRESENTED BY }h C. (! /W)'l._ ROLL CALL Moved Seconded Ayes Nay Absent Abstain HTgday \ Neal I Vobt'lda I Weist I ....,...... IIllo I v Bradshaw T Otis \ ~ MO'l'l l I . • • • • AGENDA ITEM ----- PRESENTED BY-------- ROLL CALL Moved Seconded Abstain -, trrgiJay \ Neal I Vobelda Weist 7 -v Bllo I ,_. Bradshaw I Otis \ '- MOTION: I • • • • • - AGENDA ITEM In . PRESENTED BY Ac... ~ "-11 ~ aJd ~ -z-z..t -f<t ~ z-Z-7 -f't ROLL CALL 1'\oved Seconded Ayes Nay Absent Absta in HT gdiy Neal Vobe1da Weist Bllo Bradshaw Otis MOTION: I . • • • • ,. • AGENDA ITEM PRESENTED B Y _,~::::..__.:_-=.· ____ _ ) ROLL CALL Hoved Seconded Ayes N•y Absent Abst•ln \ Hlgd•y v Neal V~da Weist I Bllo v Br•dshiiW Otis I MOTI ·~· • • • • • • - AGENDA ITEM ~ PRESENTED BY-------- ROLL CALL Moved Seconded AbsUin Hlqdav Neal Vobto1da WeTst Ill in 8radsh11W Otis ~fb i CA-LL-,;1 • • • • ,. - AG ENDA ITEM PRESENTED BY-------- ROLL CALL Hoved Seconded Hlgday Neal Vob.-.1da Weist Bllo Bradshaw Otis MO'l'I I . • • • • AGENDA ITEM ---PRESENTED BY ----- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday Neal Vobe1da Weist Bllo Bradshaw Otis I . • • REGULAR MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado January 16, 1984 A The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on January 16, 1 984, at 7:30p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Reverend Thomas L. Kleen, Englewood United Methodist Church , 3885 South Broadway. The pledge of allegiance was led by Boy Scout Troop 192 . Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Counc i l Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. * * * * * * Also p r esen t were : Ci ty Manage r McCown Assistant City Manager Vargas Ci ty Attorney DeWitt * • Direct o r of Community Develop- ment Powers Fire Chief Broman Deputy Ci ty Clerk Owen * • • • COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JANUARY 3, 1984. Cou cil Memb r Bilo econd d h mo ion. C~ty M n ger McCown not d the correct spelling of Mr . S kdol' n m . Upon Ay a: c 11 of h roll , h vo r sulted as follows: Council a Higd y , Ne 1 , Vobejda , W is , B1lo , Br dsh w, o is . ys: Non . • I • - • • • • January 16, 1984 Page 2 The Mayor declared the motion carried. * * * * * * There were no pre-scheduled visitors. * * * * * * There were no other visitors. * * * * * * were: "Communications -No Action Recommended" on the agenda (a) Minutes of the Urban Renewal Authority meeting of December 7, 1983. (b) Minutes of the Water and Sewer Board meeting of December 13, 1983. (c) Minutes of the Downtown Development Au- thority meeting of December 14, 1983. COUNCIL MEMBER BRADSHAW MOVED TO RECEIVE "COMMUNICATIONS - NO ACTION RECOMMENDED", AGENDA ITEMS 5 (A) -5 (C). Council Member Neal seconded the motion. Upon a call of the roll, the vote re- sulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. • * * • • * City M n 9 r McCown presented a Council Communic tion from the Water nd Sew r Bo rd concerning Gre nwood Vill 9 Supple- ment No. 7 . COU CIL MEMBER NEAL VED TO APPROV ANNEXATION OF PRO- PERTY 0 SCRIBED IN SUPPLEMENT NO. 7 TO TH ~REE 0 VILLAGE SEWER GENERAL IMPROVEMENT DISTRICT NO. 1. Council M mb r 8radah w a c- ond d h mo ion. Upon call of h roll, h vo e r aul d aa ollowa: Ay a: Council w ia , rs Higday, N 1, Vo ilo, Br daha , 0 ie • • da, • • January 16, 1984 Page 3 Nays: None. • • .. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a Council Communication from the Water and Sewer Board concerning the infil~ration/inflow analysis of the City's sewer system. Mr. McCown stated the analysis was a study of Englewood's drainage basin only; Littleton was doing their own. Mr. McCown stated the results of the study would im- pact the decision-making process involving expansion considerations of the Bi-City wastewater treatment plant. Mr. McCown stated the study has been given a low priority because the in-house staff re- quired would be working on redevelopment downtown projects which have higher priority. The study could run a year or so. Mr. McCown stated in-house staff would perform items l through 9 of Phase I with Black & Veatch providing direction. Item 10 of Phase I would be completed by the City and checked by Black & Veatch. Phase II would require the effort of Black & Veatch, but the magnitude was unknown at this time. Mr. McCown recommended , approving a upper limit of $8,600 for Phase I, items 1 through 10, and an initial $10,000 to begin Phase II services. COUNCIL MEMBER HIGDAY MOVED TO APPROVE THE BLACK & VEATCH INFILTRATION/INFLOW (I/I) ANALYSIS OF THE CITY 'S SEWER SYSTEM. Council Member Bradshaw seconded the mo ion. Upon a call of the roll, the vote resulted as follows: Ay s: Nays: Council Memb rs Higd y, Neal, Vobejda, Weist, Bilo, Bradsh w, Otis. Non . The M yor declar d he mo ion c rr1ed • o. 2 1984 • * * • r McCown pr s nt d Counc11 Commun1c ion Authority concerning fund trans! r from Fund to th Urb n R n wal Author1 y or r y t 180 w a Girard Av nu • Th Au- $80,000. LIC IM ROV T o. • I • • January 16, 1984 Page 4 • • • COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 2, SERIES 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, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Council Member Neal noted the minutes of the EDDA meet- ing reflected his nay vote on the resolution concerning a Chamber of Commerce group . Mr. Neal stated the resolution as worded was the reason he voted nay,because he believed in a strong Chamber. ORDINANCE NO. 2 SERIES OF 1984 * * * * BY AUTHORITY * * COUNCIL BILL NO. 65 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, COLORADO, BY ADDING SECTION 22.4D, TITLED "LANDSCAPE ORDINANCE", TO THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF ENGLEWOOD, COLORADO , AMENDING ORDINANCE NO. 26, SERIES OF 1963, AS AMENDED. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 65, SERIES OF 1984, ON FINAL READING. Council Member Vobejda sec- onded he motion. Director of Community D velopmen ward and provid d informat~on concerning n nee. Sue Powers ca for- he landscaping ord~- Council Member Br dshaw xpressed her concerns bou g~v~ng mple time in which a prop rty owner would be required to landscap h prop rty t king into consider tion the planting se son. Ma. Br dsh w ocus d h r cone rna or the R-1-A, R-1-B, nd R-1-C dis ric s. COU CIL MEMBER BRADSHAW MOVED TO AMEND TH TION TO ALLOW A 0 E-YEAR LEAWAY FROM WHEN NEW DEVELOPMENT IS BEGUN TO GIV PEOPL TI TO LANDSCAP • Mo ion di d for 1 ck of a a c- ond . • • • • • • January 16, 1984 Page 5 Upon a call of the roll, the vote on the original motion resulted as follows: Ayes: Nays: Council Members Higday, Vobejda, Bile, Bradshaw, Otis. Council Members Neal, \'Ieist. The Mayor declared the motion carried. Council Member Neal instructed the City Attorney and the Director of Community Development to prepare two amendments to the ordinance that would: 1) in the R-1-A, R-1-B, and R-1-C district pass the burden to landscape from the developer to the land owner and require the landscaping to be done in a reasonable time; and 2) reformulate the required area to be landscaped going back to the original flat coverage . Mr. DeWitt and Director Powers offered to have the amend- ments prepared by the second meetin g in February. * * * * * * BY AUTHORITY ORDINANCE NO. SERIES OF 1984 COU NCI L BILL NO. 1 INTRODUCED BY COUNCIL MEMBER NEAL A BILL FOR AN ORDI ANCE APPROVING AN AGREEMENT WITH THE CITY OF SHERIDAN, PROVIDING FOR MUTUAL AID FOR FIRE PROTECTION FOR BOTH ENTITIES . Ci y Attorney DeWitt noted a change in signature titles on p ge 3 nd distributed correct d p g Chi f Broman e me !orw rd and st t d the ordin nee ordin nces on th genda form liz a working re- h t is curr ntly being practiced. Fire Chief Broman impor nt to hav the greement in writing, h insur nc eomp ny reviews th d partm nt. COU ClL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 1, S RIES OF 1984, 0 FIRST READING. Council M mb r Br dsh w a e- ond d h mo ion. so Co neil oll, NO TH I • • January 16, 1984 Page 6 Ayes: Nays: • • • Council Members Higday , Neal , Vobejda , Weist, Bradshaw, Otis. Counci l Member Bilo. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original motion resulted as follows: Ayes : Nays: Council Members Higday, Neal, Vobejda, Weist, Bradshaw, Otis . Council Membe r Bilo. Th e May o r declared the motio n c ar ried. * * * * * * BY AUTHO RITY ORDI NA NCE NO . S ERIES OF 1 9 8 4 COU NC I L BILL NO . 2 I NTRODU CED BY COU NCIL MEMBE R BRA DS HAW A BILL FOR AN ORDINANCE APPROVING AN AGREEME NT WITH THE CASTLE WOOD FIRE PROTECTION DISTRICT , PROVIDING FOR TUAL AID FOR FIRE PROTEC- TION FOR BOTH ENTITIES. COUNCIL HE ER BRADSHAW OVEO TO PASS COUNCIL BILL NO. 2 , SERIES OF 1984, 0 FIRST READING. Council mber Higday seconded th mo ion. upon a c 11 of the roll, h vote r sulted as follows: Ayes: ra Higday, 1, Vobejd , Bradshaw, 0 l.S. N ys: on Th H yor cl r d ion c rri d. • • • * * BY .\UTHO ITY IL • I . January 16, 1984 Page 7 A BILL FOR • • • AN ORDINANCE APPROVING AN AGREEMENT WITH THE BANCROFT FIRE PRO- TECTION DISTRICT, PROVIDING FOR MUTUAL AID FOR FIRE PROTECTION FOR BOTH ENTITIES. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 3 , SERIES OF 1984, ON FIRST READING. Council Member Bradshaw sec- onded the motion. Upon a call of t he roll , the vote resulted as fo llows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None . The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1 984 * * * * BY AUTHORITY A BILL FOR * * COUNCIL BILL NO. 4 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING AN AGREEMENT TITLED "JOINT RECREATION AGREEMENT", PROVIDING FOR SHARED USE OF THE ENGLEWOOD HIGH SCHOOL SWIMMING POOL. COUNCIL MEMBER SILO MOVED TO PASS COUNCIL BILL NO. 4, SERIES OF 1984 , ON FIRST READING. Council Member Weist seconded th mot1on. Upon call of th roll, th vote resulted s follows: Ayes: Council y, Neal, Vobejda, ie I B N ya: Non . Aba ain: Council Th yor clar d h mo on carried. * * • * * • • • January 16, 1984 Page 8 • • • City Attorney DeWitt provided information concerning property in northwest Englewood and the City obtaining the right- of-way on Windemere. * * * * * * City Attorney DeWitt requested permission to defend the City of Englewood in a suit brought against it by the City of Littleton. CO UNCIL MEMBER BRADSHAW MOVED TO AUTHORIZE THE CITY ATTORNEY'S OFFICE TO DEFEND THE CITY OF ENGLEWOOD IN THE MATTER OF LITTLETON VERSUS ENGLEWOOD. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The May or declared the motion carried. * * * * * * City Mana g er McCown presented a Council Communi ca tion from the Communi y Development Director concerning the application for the Co mmunity Development Block Grant funds on behalf of the Colorado Statewide Development Corporation. Director Powers stated t he State Division of Commerce and Dev lopment has initiated the program to provide caoi al to sound, small businesses. Englewood was one of eight Colorado cities parti- cipating . The dvantage is that the City could appoin a repre- sentative to the Board of Directors of the corpora ion wh ich would b a valuable resource for the City's business community. Director Pow ra aubmi d for the r cord Resolution No. l , seri s o 1984 p ss d by th Engl wo od Down own D v lop nt Authori y supporting th program. RESOLUTION NO. 3 SERIES OF 1984 A RESOLUTION AUTHO IZING THE SUB MITTAL OF A 1984 CO MMUNITY DEVELOP- NT LOCK GRANT APPLICATION FOR STATEWID DEVELOPMENT CORPORATION . COUNCIL MDER BRADSHAW V 0 TO PASS RESOLUTION NO. 3, 198 4. Council M r Bilo a cond d th mo ion. Upon h roll, h vot r sul d as follows: s 'Ay 1: r1 Hi ay , l, Vo jd , raclah w, 0 •· I • • January 16, 1984 Page 9 Nays: None. • • .. The Mayor declared the motion carried. * * * * * * Director Powers presented a Council Communication con- cerning the Community Development Block Grant application for fiscal year 1984. Director Powers stated a public hearing was held on this date at 5:00 p.m. and many people in the audience were in favor of the application. The target area is bounded by East- man /Dartmouth, Yale, Broadwa~ and Fox Streets. Director Powers recommended that Council submit the single-purpose grant appli- cation for $350,000 to continue the Housing Authority's Housing Rehabilitation project, and commit $100,000 from the Public Im- provement Fur.d budget as matching funds for the project. The $100,000 cove~s costs for local staffing. RESOLUTION NO. 4 SERIES OF 1984 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 PRO- JECT FOR THE CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 4, SERIES OF 1984 . Council Member Bilo seconded the motion. Upon a call of he roll, the vote resulted as follows: VISIONS Ayes: Nays: Council M mbers Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None . Th Mayor d c1 red the motion carried. * * * • * * McCown requ sted Dir ctor Pow ra o dis- 1984 ddressing rev sions to The report cover d items zon 1 op n ap c ; ho occup ions in 11 child c r cent rs in R-2 nd R-2-CI r c or portion of comm rei 1 r c or/ ho s. Direc or Pow r provid d informa ion visions. R N L OV 0 TO GEN RALLY ACCEPT TH RE- HO OCCUPATIONS OM R-1-A. Council I • • • January 16, 1984 Page 10 • • - Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abstain: Council Members Higday, Neal, Weist, Bile, Bradshaw. Council Member Otis. Council Member Vobejda. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO DESIGNATE THE ENGLEWOOD SENTINEL AS THE CITY'S LEGAL NEWSPAPER. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bile, Bradshaw, Otis. None. The May or declared the motion carried. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPOINT COUNCIL MEM- BER NEAL TO THE E GLE D URBAN RENEWAL AUTHORITY FOR THE TERM COMME CING FEBRUAPY 5, 1984 . Council Membe r Weist s conded the motion. Upon c 11 of the roll, he vo e resul ed as follows: Ayes: N y The Mayo Council M mbers Higday, Neal, VobeJda , w ist, Bile, Bradsh w, 0 is. on . clared th mo ion carri d. * * * * COUNCIL MB R WEIST VED TO APPOINT COUNCIL MEMBER BRADSHAW TO TH PARKS ' RECREATION COMMISSION FOR TH TERM COMME CING FEBRUARY l, 1984. Council M N 1 a cond d h ~on. Upon c 11 o h oll, h r aul ed as ollowa: • , • • - , January 16, 1984 Page 11 Ayes: Nays: • • • Council Members Higday, Neal, Vobejda, Weist, Bile, Bradshaw, Otis. None. The Mayor declared the motion carried . • • • • • • Council Member Neal commented on the recent suit filed against the City of Englewood by the City of Littleton. Mr. Neal stated little is being said because Council wants to put its best legal position forward which was a sane way of protect- ing Englewood citizens. Mr. Neal stated there have been no secret meetings or deals. • • • • • • No further business was discussed • • • • • • • COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 9:10p.m. • • - f • • • - M E M 0 R A N D U M TO: FROM: DATE: SUBJE CT: Mayor Otis and Members of City Council Gary Higbee, Dire cto r of Fin11nce ··~\ / IL_./ t-. /:) February .6, 1984 ~ Annexation Pet ition .. ·-, / / The City Clerk 's office is in rece·ipt of an annexation petition r e questing a nnexation to the City of Englewood of a section of property gener al ly known 11 s the Arapahoe County Fairgrounds -south portion the re o f. Ac co r di ng t o t h e Mun ic ipal Annexation Act of 1965 , it is required that I i nfo r m the Cit y Coun ci l that these petitions are in custody of the City Cle r k 's o ffice . I her eb y t ransmit the same to you. ACTION RECO MM ENDED: Consider a bill for an ordinance approving the ann e xation. cc: And y McCo wn , City Manag r attachments • I • • • • - PET TION FOR ANNEXATION TO THE CITY OF ENGLEWOOD, ~~~~1\/ E [) TO: The City Council of the City of Englewood, Colorado Englewood City Hall .FEB .;."6 19 84 3400 South Elati Englewood, Colorado 80110 DEPT . OF FINANC E ENGLEWOOD r The Arapahoe County Fai~ Association, Inc. ("Petitioner") does hereby petition the City Council of the City of Englewood, Colorado ("City") to annex to the City, pursuant to and in accordance with the appliicabble provi sions of the Municipal Annexation Act of 1965 (as amended), the hereinafter described real property, which is located in the unincorporated territory of Arapahoe County, Colorado. As the bases for this petition, Petitioner would show the C1ty Council as follows: 1. Pet1tioner is the o wner of one hundred percent (100%) of the ar a proposed to be annexed, e x clu~i ve of slrcc s nnd alle y s. 2. t is desirable and necessary th t the real property described here n be annexed to the City . 3. The prop tly ptoposed to b nn xed m ets the req 1rernente of Sect on 31-12-104. mely, A. Not less than one -sixth (1/6th) of the perimeter of the ent re deac ibed eal property proposed for annexation 18 t;O I t Q OU tl Lhll (; y: B. A commun1ty of 1nt at e x1 at b twe n the ar th C1 d (u b annexed a rb nor w"l be urbanized n the ne r uture ; d he re p opoaed to be annexed 1a nt d w th or e bl of be1nq 1nteQrated Wlth the C ty. • • • • ~ 4. Pursuant to Section 31-12-lOS(l)(d), aLL.H.;lu:!u Lu this petit~on is a copy of a resolution of the Board of Direqtors of Arapahoe County School District No. l approving annexation of the property described herein . None of the other limitations of Section 31 -12-105 are applicable. Namely, A . In establishing the boundaries of the territory to be annexed, no land held in an identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, l1a s been divided into separate parts or parcels without the written consent of the landowners thereof; B. In establishing the boundaries of the area pro- posed to be annexed, 10 land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous LracLs or pa eels of real estate, compr~a~ng twe ty (20) acres or more (which, together with the buildings and ~mprovements situated thereon has an evaluation for assess- ment in excess of Two Hundred Thousand Dollars ($200,000) for ad va orem tax purposes for the year next preceding the annexa- t~on), has been ~ncluded in the area proposed to be annexed 11t~o t the wr tten consent of the landowners thereof or unle s such tract of and is situated entirely w1thin the outer bound- ar~ s of the c ty as they x1st at th time of ann xation; C. No annexation r solution, no nnexation peti- t 0 • or a1 y pet1t1on for ann x tion lectiun 1a presently -2- • ) I • • • • -pend ing before any other muni c ipality for any part 01 Lhu • .a·e a here i n described for annexation to the City. 5. Petitioner has previously filed with the City four copies of an annexation map containing the information as required by Section 31-12-107(1) (d) of the Munic i p n l An n ex atio n Act of 1965. 6 . Petitioner requests the City to approve the annexa- tion of the area propo s ed to be annexed. 7. The legal desct·i p tio n f or t h e l a nd soug h t to b e annexed to t h e City is as de s cribed in Exhibit 1 . I Attest: ~~!!J~g A dresses: ARAPAHOE COUNTY FAIR ASSOCIATION, INC. I' I I I ~ic h ar d H . Simon, President Fgt re s t F. Hammes, S e c r etary Atap&hoe County Fa1r AswociaLion, Inc. ?ost Office Box 651 Lltt eton, Colorado 80160 Richard H . Simon, E q. Su1te 703 333 lut Hampden Enq ewood, Colorado 80110 -3- • I . • • • EXHIBIT 1 A tract of land in the NE 1/4 of Section 16, Township 5 ·south, Range 68 We:';t of the 6th P.M., together with Lhe Ea:o;t 30 fuel of South Windemere Street and part of West Prentice Avenue, all in the County of Arapahoe, State of Colorado , more particularly described as follows: Beginning at the Southwest corner of the NW 1/4, NE 1/4 of Section 16, Township 5 South, Range 68 West; thence N 89°54'29" E (basis of bearings being the North line of the NE 1/4, said Section 16, having a bearing of S 89°57'00" E, as shown on the Colorado State Highway Department's right-of-way maps), along the South line of said NE 1/4, a distance of 1933.37 feet; thence N 0°05'31" W, a distance of 30.00 feet to the North line of West Prentice Av enue ; thence along the We ste rly line and Westerly line extended Southerly of the parcel described in Book 1978 at Page 176, Arapahoe County's Records, the following courses and distances: N 0°18'14" W, a distance of 273.85 feet to a point of curve; thence along a curve to the left having a radius of 454 .36 feet, a central angle of 31°51'46", an arc d1stance of 252.68 feet (the chord of which bears N 16°14'07" W, 249.43 feet), to a point of tangency; thence N 32°10'00" W, a di stal ce of 177.30 feel; thence departing from sa1 d We c terly l1ne , N 89°57'00" W, parallel with the North line of the NE 1/4 of s a1d Section 16, a distance of 1768.30 feet to the West line of the NE 1/4 of said Section 16; thence s 0°02'44" E. along the West line of said NE 1/4, a di s tance of 698.07 feel Lo the Po1nt of Beginning, containing 1,321,406 square feet (30 .34 acres), more or less . • • • • • • .. RICHARD H. SIMON, being of lawful age and duly sworn, states and deposes as follows: 1. I am the President of the Arapahoe County Fair Asso- ciation, Inc ., uud a m authon.:Gcd lo c:onvcy luud o n i L :; behalf. 2. I circulated the foregoing Petition for Annexation. 3. Each signature thereon is the signature of the person whos e na me it purports to be. Dat ed this day of February, 1984 . I Ric hard H. Simon S ;., E OE' COLORADO ss. __ S bscr~bed and sworn to before me this ~ day of ~ , 1984 by Richard H . Simon. ·w tness my hand and official seal. My commission exp1res: ' . ) . ~·.:.·,•-~-u ._L .Ll.v 703 irst N tion 333 West H mpd n Av . Building r.n c•1 woo<.l, C'O BOll!> I . • • • • • • p~?OS~~ ~SO~~ION ( "' -~--.___ A.sSOC~C.~lOn") ? ~iS ':.0 ?e~:!.i.On the C~~y Of =:.tg-~wood !o= a.,-_-,exat.:J.On o: c~~~~~~ ?a~= Assoc~a~~o~ p :oper~y. wh+ch ~s descr~bed i~ 2xh~~~s l ~c 2 ~o ::.~s ?~sol~~~o~. anc is co~~~ly re:e::~c ~j as ~~e ~~~~s . ~~e Boa~c o! Direc~ors o! ~~e Sc~oo l Dist~lc~ has co~s~de:~d ~~~s p:oposec ~~~eY.a~ion ~o ~~e c~~y o! ~~glewooc ~•c 983 ::..:..:; :; ::?Z':':~?.S C:' :'X~ Ai'.A?A.:-iOE ::·_-:::-·; s:x:,c:. :;:s:?..:c: ;1::.. 1 • I . • • - EXP.IEI'J' · J ~ ~r~c~ Gf l a n~ ~n ~he SE 1/C, Sec:ion 9, a n d i n ~h e NE l/G, Sec:!c~ lE, :oge~ne: ~i~h ~ne Eas~ 3 0 feet of So u ~h ~lndemere S:rt=et: a~.~ t:-er: c : v;est: :St lev.iew /-.venu e, in 'J'o-.•r.!:!.j::.:, sc._·.r,, :<.an c;:e ct ;..·e~~ cf ~r.e 6~h ?.M., Coun::.y of .l'.rc:pal",oe, S~c:~e o: Colo:a~c . mor e per:i cu l ar1y descr ib eo as follows : :Oes:n~.:r,s a::. -c:-.e t:o :::.h....,es::. cGrne:r of t h e NE l /II of Se:ct:J.on l t., 'Jc ... ::-.~h:..F-~ Sc u:.h , Rc.r,9C f.& \:;'E£t.; tt.er,ce s oc02 '~4 .. r: (be.~:.£ o: Leer.:.r.c;:s oe 1ns t:r.e ro r~r. l1r.e of the NE 1 /~ o f sa 1o Se:ctl0:-1 ~c r.av1 ~9 a bea:ins ·c: 5 e9"5 7'00" E, a~ shown on ~ne Colore~o St.ct.e :::£T;~ .. :c :.' Dt ?t:-:.;-;~e:::Jt 's !'l;:-.:-o:-..... 'c y mc?s}, c. eng ~he \•;eEt 2::-.e c: ~he J;E -1 ~. Sclc'i Se c::or. 16, e c:s~e:;ce o: £22 .';7 fe:e~; ::-.e.-:ce 5 Es·s ~·oc· L , ;::.:ra:..·e w1~h the Nor::.n l.:.ne of se1o h E /C <. c:£·.e·.ce c: }-(E. ::.c fee:: tc ~ne 1-Jesterly · ne of tr.e ;:erce} ces:::·e c :~ E~c, :~;E <.t Page 17G, J.rc?c~oe: Cou~:y's ~Lcc:cs ~~e:-ce e:c~s ~.::c ~es~er.y .:n e, tne fo low1ng co urses an6 c:s~e~ce£: ~ ::.2•:c•co· w, e d1s:.:nce cf 155.02 :eet to a ~:::-~ :~ c~.v e; :nence elons a c~r v e to the r:g~t h av1n9 a :-c::.:_£ c: :.uJ.:.c :£-c:t, c C€:--.-:..:-cl cngjt c.! 27" ~·ou··, cr1 ~rc c:!O~~~.ce c: :t:JE .s-:, :eet (~r.e chor~ of .,.,.1ch bears N 18<::.2'::0 0 " 1-: : ~ f -~ : ~ e:-~ } , t e; c :--_, .... ~.. c: t. c r~; en c ~ ; t n r: r~ c ~ J • ~ "' 5:, ' U (J " \.-., , c =-~:.:.~.::~; c: <Lc :r: :eet :c tre Sc tl'. :.r.e of •·t:£r Eelle\'Je ·~ ~~e~~~; :~e~::e c~~~r::~s frorr :ne ~es:e:.y l:.ne c~ the pe~ce: ~~£:~:=~c .n E!_c ~r ~j 2!'7E L: ~cSE 27 ', L•c::.·oo· E, a c:E:!~=~ c~ ,O .OC ~ee: :c :·e ~c~:~ • .:.~e cf ~he NE l/< of ·"-' ::c::~c~. :E; ::.l~C( J, E~'-"7'00" 1-!, 1: or.c;: !:aJc hcr:l', ll:-.t, : c.!O~~:-.::e cf :ic ~C :::ee:; t.r.ence r o•o:'Sf>" '1-i, e =~~:.:·=c c: ;,'. CG feet ~c ~t;e 1 orth ~r,c c.f We~: ~: __ e .. : :-~ .~ v e :-. 1... e ; : ;. e :-. c e-t\ E So c :. i ' C' 1-: , a :. o-. s t • •E "c ::-t. r. _ _ . = c.: 1-..: s : 5 e :.. :.. e: '• : e ~ ~. \' e r. e , ~a r a : e l .,_,.:. : h t e 1~ c ::-t r. .:~.e._._ ::-.E 1;::: :1' c: Scl6 Sect.::.or. '6, t. Cls::.ar.ce of 578.00 :e £: :~e Ec-:~~e~: c::::-r.er c~ tne ~~~eel 6e-Ecr.:.cec 1n Boo~ .... , · c:: -~-~ ~~;, r.:-c-;:c:-.~e c ... :--~ .. : 's rtE;CC!'C!.., tr,e.~.:c l '"'{,:,'(0" _, .::c:.; ~...-.: ··-=ste:_ !::-.c c: t:.~ ~~=-ce.: C !=r~.:.,ec5 :.~~ s£id E.oo~: ;;e,:' .e·. r.e;:e 3~:: • .e c:.s:a:-.c C~ 5-i.l feet ~C t l"1e 1\0rt.hW&&: c:::~e: c~ :r.e ~a:::e_ cescrloec lr S!l~ Book 36lS at Page 3<~; ::-e:~.::;: • .• c·.~ :re. 1 ~::r.e.t£ter~y .ne of ~t.E p reel 6 scr b 6 l.n ~~c, ~~~It Pas :7t, ~r~~ ~ce: Co ·~t)'' ~cords, the fol o ng cc.:-ter ar.:: c:.sta:-.ces : h c,·~7'CO' , a 6ls~anc• o! 4 .0!; feet.; tr. ;,_ l. H .•!.i'OCJ • ~. a c : :a n c of E.4E! 00 f t.; th nc l t,'.:'V " 'n , feet tc ~he: est 1 n o! th -= ./: c! .e:c :h nee, c ~~rL ng frorr s l~ J.::~:;, ct: :-.y $ :·~E· I:, 1 onq th e t ll.ne of E~-~ ~= ./C, t c~ lO !t .£9 t tot~ c.nt O! =• .:-.: .. :g, ccr.::. .,E ;,;..)£ sq t t (4l.£j cr s.) ~:: c: _t;: __ , • I • • • • EY.HJEJT ? ~ ~~ac: of lan6 in the KE l/c of Sec~ion 16, Township 5 so~t h, Range 6E Wes~ o~ the 6th P .M., ~oge~her ~lL~ the EaE~ 30 ~t tt c~ Sc~:n W1n6emere Street and part of West Prentice ~venue , all in the County of Arapahoe , State of Colorado, more part 1 c-~larly 6escr~be6 as fellows: Seg1~~1ns a~ t ~e ~c~th.esL ac~ner of the NW l/4, NE l/C of Section 16, To~ns, 1p 5 South , Ra~ge 68 Wesi; thence K 89•54'29• _ {basis of bea~:z-.;s te.:..ng the Kcrt: l1ne of the NE 1/1., saio sec::..o n 16 , hav.:..:-,s a oear.1ng cf s B9°57'oo· E, as sho ... 'Tl on the Cc' o~aoc Sta-:.e E.:..gh ... ·.:y E?!.rt.Jllent 's right-of-way maps ), along t he Scutr. .:..ne of sale NE /4, e Clstance of 1~3~.37 feet; thence n 0"0:,'2 • \..', <: C:!::c.r,ce: of 30.00 feet to tt,e lortr. lH1e o: We~t ?re~:.:..ce ~ en~e ; the n ce a l c~g the Westerly ne and Wester y ::ne ex:en6e~ So 'therly of th~ parcel 6escr .1bed in Book 1978 at ?ar;;e 2 IE., ;..rc?cnoe Ccu.·ny 's Records, the follo1.• ng courses anc cLsta:-.ces : 1: 0•Je'l<'' 1-i, e distance of 273 .85 fee: to a po:::t c! c_:~e; tne~ce a!cns a curve to the eft nav ng a rcc cf ~~L::;: :"eet, ace:-.::.: angle of~ •sl'H,", an arc chs:ance c.: :t~:.f.E fee: l tr.e cr.c~c of \.,'n !cr, bears!. l6•l.Q'07" v.', 245 .<3 :e-::,, ·-v a ?C-~:. c: tar:9e~cy; thence 1 ~ 32•} ·oo~ 'h', .: Clst nee c: :~:.~~ fee:; t~e~ce de?er:lng ~rom se1d We~ter 'y ll e, :. ~~·~~'lG ' ~. ~a:a_:e ~lt~ the crth ~ne-of tne NE l/< c! ~:.::: Se-::..::.c:-.' :t., e c:~tence of ) 768.30 feet t.c the Wes: __ ;.e. c: :;.e 1:::: :;c c: sale Sect.~on l6; th nee s 0' '-'4" r:. a:c~: :;-.e-~es: _::eo: sa1c NE /C, a C:istance o! 658.07 fee:. :.c. :.;e Fc_r:: c! Seg:;-.~-nr;;, ccn:a.1n:ng 1,321,<06 sq pre fket ( :::. :;~ ecre~ , r:;c:e c: ess. • I . • • • M E M 0 R A N D U M -------------- .. TO: Mayor Otis and Members of City Council FROM: Gary Higbee, Director of Fin~n ce DATE: February .6, 19 84 (<:/ -~) SUBJECT: Annexation Petition The City Clerk's office is in receipt of an annexation petition requesting annexation to the City of Engle wo od of a section of property generally known ~s the Arapahoe County Fairgrounds -south portion thereof . According to the Municipal Annexation Act of 1965, it is required that I inform the City Council that these petitions are in custody of the City Clerk'~ office . I hereby transmit the same to you. AC 1 ON RECOMMENDED: Consider a bill for an ordinance approving tht> annexaLlon . cc: Andy McCown, City Man~ger attachments • I • • TO: • • • PET I TI ON FOR ANNEXATION TO THE CITY OF ENGLEWOUU, R~~§l v E [) The City Council of the City of Englewood, Colorado Englewood City Hall 3400 South Elati Englewood, Colorado 80110 DEPT . OF FI NAN CE The Arapahoe County Fai~ Association, Inc. ENGLEWOOD teo ("Petitioner") does hereby petition the City Counc il of the City of Englewood, Colorado ("City") to annex to the City, pursuant to and in accorda nce with the appliicabble prov isions of the Municipa l Annexation Act of 1965 (as amended), the hereinafter de scribed real property, which is located in the unincorporated terr itor y of Arapaho e County, Colorado. As the bases for this petit1on, Pe~lt oner would show the City Counci l a s follow s: 1. Petitioner is the owner of one hundred percent (100%) of the area proposed to be anne x ed , e x clusive of stre t~ nd eys. 2. It is desitable and necessa r y that the real property described h e rein be annexed to the City . 3. The ptopetLy ptopo!Fed to !Jc nnexcd meets Lhe r QUlrements of Section 31 -12-104 . N mely, A. Not eaa than one -sixth (l/6th) of the perimet r of t e ent1re d sc lbed real property proposed for annexat1on 1a cont Q ous w th ~~ C1t y; B. A commun t y of inter at x ist between the area ptopo d o be 1mox cJ nd t.h C1t y ; pto osed to b annexed la urban or Will be urban zed n the near future ; ·and the a ea propoaed to be annexed 1a 1nt ca bl o! b 1nq inteqrated w th the C ty . • I • • • • - ~ 4 . Pursuant to Section 31-12-lOS(l){d), atlacl~t:u to this petition is a copy of a resolution of the Board of Directors of Arapahoe County School District No. 1 approving annexation of the property described herein. None of the other limitations of Section 31-12-105 are applicable. Namely, A. In es~ablishing the boundaries of the territory to be annexed, no land held in an identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, ha s been divided into separate parts or parcels without the written consent of the land owners thereof; B . In establishing the boundaries of the area p r o- pa r.(:d t:o be annexed, no 1 nd hel d in ~dentical owners! l.p, w et er consJ.sting of one tract or p reel of real estate or two or more cent guo -Lt cL o p t els of teal esLate, compr gJ.n g twent y (20) c es or more (wh i ch, together with the buildings an !rnproveme ts s tuated thereon ha an evalu tion for assess - ment n exces of Two Hundred Thousand Do lara ($200,000) for a va.o em t x p rpo es for the year n x p e ce nq th nn xa-~ on), haa e n nc uded in the rea p opoaed to be annex d wt .tter. cons nt. o the l r.do'oln • ther of or unleaa • c. t act of .and 1a situated er tlrely WlthJ.n th outer bound - • C.ty a they ex1at at the t1me of nnexation; c. No rnexat on reeolution, no annexat on pet1- t.c , or a y pet1 o tor nnexat on el c on • p eaently • (' • • • • ,pendi ng before any other municipality for any part 0.1. ~Lh..., area herein described for annexation to the City. 5. Petitioner has previously filed with the City four copies of an annexation map containing the information as required by Section 3l-12-107(l)(d) of the Municipal Annexation Act of 1965. 6. Petitioner requests the City to approve the annexa- tion of the area proposed to be annexed. 7 . The legal d esc ri ption for the l a nd s ought to be annexed to the City i s as described in Exh i bit 1. ARAPAHOE COUNTY FAIR ASSOCIATION, INC. , .. · ,.. ::;-... :c-~:~ Pre si dent Attes t : ~~ :~~ Addtese e s: F qtr est F . Hammes, Secretary ;.,l r•Jhoc County Fatt llssocl t:1on, I n c. fo t Of lee Bo x 651 Lltt eton, Colorado 8 0160 Rlchard H. S1mon, Eeq. Su t 703 333 Wea H mpden En9 ewood, Co orado 80110 • I • • • • • • EXHIBIT 1 • A tract of land in the NE 1/4 of Section 16, Township 5 ·south, Range 68 West of the 6th P.M., together with the Ea:.;t 30 fee!.. of South Windemere Street and part of West Prentice Avenue, all in the County of Arapahoe, State of Colorado, more particularly described as follows: Beginning at the Southwest corner of the NW 1/4, NE 1/4 of Section 16, Township 5 South, Range 68 West; thence N 89°54'29" E (basis of bearings being the North line of the NE 1/4, sai d Section 16, having a bearing of S 89°57'00" E, as shown on the Colorado State Highway Department's right-of-way maps), along the South line of said NE 1/4, a distance of 1933.37 feet; thence N 0°05'31" W, a distance of 30 .00 feet to the North line of West Prentice Avenue; thence along the Westerly line and Westerly line extended Southerly of the parcel described in Book 1978 at Page 176, Arapahoe County's Records, the following courses and distances: N 0°18'14" W, a distance of 273.85 feet to a point of curve; thence along a curve to the left having a radius of 454.36 feet, a central angle of 31°51'46", an arc distance of 252.68 feet (the chord of which bears N 16°14'07" W, 249 .43 feet), to a point of tangency; thence N 32°10'00" w, a d istance of 177.30 feet; thence departing from said We s terly line, N 89°57'00" W, parallel with the North line of the NE 1/4 of said Section 16, a distatce of 1768.30 feet to the West line of ~he NE 1/4 of said Section 16; thence S 0°02'44" E. along the 1-ie:;L l1ne of said NF. 1/4, a di :;Ldncc of 698.07 feel lo lhe Po1nt of Beg1nn ng, conta1ning 1,321,406 square feet (30.34 acres), more or less. • • -• • • A F F ! D ~ y ! T RICHARD H. SIMON, being of lawful age and dul y s wo 1;n, states and deposes as follows: 1. I am the President of the Arapahoe County Fair Asso- ciation, Inc., ilnd ilm autltot·i:Gcd Lo conve y lund on .i L:; b e half . 2. I circulated the foregoing Petition for Annexation. 3. Each signature thereon is the signature of the person whose name it purports to be. Dated this ~ day of February, 1984. I Richard H. Simon ST/o.TE OF COLORADO r·ou :-ry or .1\Rli"'/\H O E ss. S bscr1bed and sworn to before me this ~ day of ~ __ , 1984 by Rich rd H. Simon. r -a 'Witness my hand and offici 1 seal. My comm1ssion exp1res: ). •'' ' . 'I • I ic 703 irst t1ona1 B nk Build ng 33 W IL H mpd n 1\vc. r:nrl ( woocl , C"() 8011 'l • I . - ( ( • • • • PRO?OS~~ ~SOL~T!ON .M.ssoc~a-:!or.") ~lar1 s -=.o ?e-::t:ion t.he C:..-:y of E..""lt;!.e,.-ood !o= 2..""'-iexat.!o n o= ce~~~~~ ?~i= Assoc~a~~o~ p=ope~~y. wh~c~ ~s desc~~~ec ~~ 2~,~:~s _ ~~c 2 ~o ::.~s P~so-~~~on, ~,c is co~nly re:e==ec ~~ as ~,e J>.;:a?~,oe C~t.:;~;:y ?a.i~c;rou.,ds; anc ~o;;..z~;.s , -:.,e Boa~c o! Direct.ors o: t!'le sc;,ool Dis~~lc~ has co~sJ.derec ':.,J.s P=oposec a..-,~e>:aiion :.o ~he Ci~y o! ::.-.c;lewooc a,.,c ::·_-:·-:·~· ;: ::-::.c:. :.: s:-?..:c-: • I • • • • - E>:HI E lT ·) ~ ~=~=: c~ l a n~ ~n ~h e SE l/4, Sectl o n 9, a n d in ~he KE l/C, S ec~:c~ -E , ~09~~n er ~i ~h ~n e East 3 0 feet of So u~h K1 ndemere S ~reat ~n 6 ?ar ~ c ! Wes t S ell e vi ew Ave nu e, 1 n To w ~t!.l~ 5 So~~n. ?..:o n c;;e E.c r;es~ of 1:!-,e 6t.h ?.M., Coun~y cf ;o.r.:pa h oe , s~~~e o : C olo =a~c. m ~re par~1cularly descr1be6 as fo ll ows : :Sec;:r.:-.:r.c; a~ ~:-.e l:c=~h wes~ cc.r n er of the NE l /to of Se c~lon l E., j c, .. ·;.!...;J .:.~ :.. Sc~:.t 1, Ki..Tli?E-(,fj \t,(£.t.; t.rJt:nce S o ro.t ·~~·· I: (b ~s:.!: o: ~ear:n c;s DE1 n s t h e ~o r t h l ln e of the NE l /C cf sa 1 6 Sect ion l6 nav1n9 a bear _nc; c! S e g•57'00" E, a s s hown o n tne C olor~to S:.c t.e :::~:-:~-:a :. :.,c;.e:-:.:;~c ~: 's ~l c_;r.:-c,:-""·cy mC:?£1, e:l o n~ "tt,e \·.-e ~t 2:ne cf ~:-.e l:E -1 ~ • .sa :r. 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J :. r. e c f ;,, t s ' ;::. e n e \ · 1 e ·~· ~~=~-e ; :~e:-:ce CE?~r:.:.:-:s ::~ -cht ~es:e::y !:ne c! the pa::-ce: =~~==-:..:-=:: :~. ~~~c .::.c.: .. ~";£ e:.: Fc<;c :Jr.}, C.."c.,:;· C'' r , c. =:z::-.:= -:..:: ~C..CJ[ :cE:. :c.. ':."'E t:c :-:r4 _:rJe c: t.tJe-l .. £ jJ( of --t :l:o:~::..;. _( .. ,t:r t j l-~.:~·uu" ~Jc...r .c: ~c.. .. C J .. :-· .. r, ~~:.~ ~ =-s:.o.:-.:e c: :-,c .(~ :ee:; :.r.ence h o•u: ':,c.· c :::.~:.:.·.=c c: ~".CC. :ee: ~c :.;,e hcrth l!r~e: c! Wt~t ::~--e · -=~ .:.-:E:.-...e, :.:.e:ce: h Es-c:,i'C.u ;,., ;;. o-.c; 'i..••E l'c::.:. __ . = ~ _ v: e ~:. ::: e : : e: : e ~ ;.. v e: r. e , J=. c. r.: l e l .,.,, : t h t. he N c ::-: r. _::-.e •-:.;.e 1:::: :,4 c: se::o SECtlCT. 'c, c c:s~c:-,ce c,f :7E.C( :EE: :.~e Sc~=~~es: cc:~er c ~ t.ne ~~:eel cescr:cec 1n Ecc ... c.: :.._;-; :~ :., r.:c;:~:-.~E 1...-:"'.:~ '!.. ~ECV!C:t , t.!J~:"'.:t ! "t:·~ .;~=:-; :~: ~·=s:e:r:~ :.::-.e c: t.r.e -=a~ce:: Cer:::r.;,:jeC :.:--. s~:o E.oo*: ;€,~' e: ra;e H~. a c:.n a r.ee c!. ~":i. fe c"t tc t h e 1\o r-:.h ea t ===~e: c~ ~ne ~e::-cel c~scr!cec 1n se1e Bcok 36lS a: Feg~ lCl ; ::-.e;-;c<: >:_c:.c; :r.e ! c:~r.eatter~y .n ci t.t.t j:o~rctl oE:scr b 6 -T'• S~c~ ~7: a: fa-:7c, A: ~ ~oe Co·r.:y's ~ ccr6s, :n fo o .n~ cc.:::-£. _ ar.c Cl.!ta;,ce:_: I' <~'!.7'00' 11>, a ~:.st.e.ne o~ ~-0~ te t.; :r,e:-.c e: l. H.·~i'uO" ~. a c.t:. .c of 64&.00 t t.; th nee l· ES'::·:.c" , a c: __ , r.ce c.: 3::0 so feet tc thew st 1 n o! '-he: ~= :1~ c: S!.!C SE-c:..:cr. ~; t-he.:,ce, oet:-c.rtlng !rorn s .:C :;c ::;,e t:e:-ly !r.e, s r, alonq t.h ~ s L.r.e: c: ·a.c c:: 1/(, t c--~~· .o •£:.f.9! t• to tt.(. ·c.nt of =ec:.:-.: .• :-.~. ccr.:.~-r. :-9 sq ar t t (4 .t.~ acres ), • ..... c-: .. e: .. _. • • • - ( • • • • EY.HJEl'J' 2 ~ ~=~c: of lane in t h e KE l/' of Sec~ion 16 TownshipS so~:h, ~ange 68 W~s~ of the 6th P.M ., tog~~her WJL~ ~he E~E~ 30 ~e~:. ~~ S~u:.n Windemere S~ree~ and part of Wes~ Prentice ~venue all ~n the County of ~rapahoe, State of Colorado, more par~1 c~ ar_y 6escr~be6 as fellows: Eeg1nn1~; a: t ~e fc~:.h~est Gerner of the NW 1/4, NE 1/4 of Section 16, To~nship 5 South, Rang~ 68 West; thence N 89•5•'29" _ (bas i s of bea=!nss bei~g the North l1ne c! the NE 1/C, s~i6 Sec:.:.or. 16, h.:v:.;;s a bea=ing of S 89•57'00" E, as sho~.-n o. the Cclo=ace State P..:.g h· .. ·ay De?c.r't.!llen:.' s ris ht -of-way maps), .:long the Scu:.h l~ne cf SclC KE -/4, a cistance cf 1~33 .37 feet; the nce t: u<o:.•::)" i-.', a C::!::.ence of 30.00 feet ~o tl".e lor:.r. l1ne of 'r\e !;:t ?=e~:.:ce ~ve;;ue; thence~ eng ~he Westerly lin~ and Westerly :.:.~e ex:endec Southe=ly of th~ pa=ce1 described in Book 1978 at ?age 2 iE., .~.rc?ahoe County's Recc=cs, th~ fo lo ... ·.l.ng cou=ses anc ClStc~=es: N u•]E '!C" ~. e distance of 273 .85 fee:. to;; po:~t ~~ c_=ve; ~hence ~lc~g a curve ~o the lef~ nav1ng a r.:6 us ef ~~c . ~e fee:., a ce n :.=a-ang ·e cf 3 "51 '46", an arc 61s:.ance c! 2~2.E E fee:. (tne c hc rd cf wh1cn bears h 16"14'07" ~. CS .C3 !~e: , :.c a ?e-~:. cf :a~ge~cy; t hence N 32.lO'OOM w, a ~lstance c: : "ii. :;;' ~ee:; tr,e:-.c e de?cr:.~ng :::rom Si!ld We!:-.::er 1_ l.:.ne, :. c::•;.·,•c.u " 1-l, ::..e:re:l:..e l "'.ltr. t h e Nc::-th l;.ne of tne N::: /C ,... !;:~::: Sec:~c:-." :.E, e: C.: stance of l 768.30 :feet tc the wes:. :.._:-.e c: ::.e 1:::: :;4 cf sac Sect~o:J 6; the:Jce S o•t ·c~" E. a:::-: :.:e ~e s: :...:.~e cf sale ~E 1/4, a t1st~nce o! 69E .07 fee: :.: :.~e ~c:~:. c~ ~es:~~-ng, cc~:.a:n1ng 1,3 l,C06 sq pre fee: ~:. ~~ ~:c=e~), mc:re c= ess . • • • • • - ORDINANCE NO. IJY fiU'riiOHl'I'Y SERIES OF 198-4--- A BILL FOR .. COUNCIL lllLL NO. 7 INTRODUCED BY COUNCIL MEMBER-~ · -u------ AN ORDINANCE ANNEXING 30. 34 ACRES OF REAL PROPERTY, MORE OR LESS, AS HEREINAE'l'ER MORE PARTICULARLY DESCRIBED, 'ro THE Cl'l'Y Of ENGLEWOOD , O)LQHfiOO) ()l"{ld. ~ (Yv-~ WHEREAS, a petition to annex addressed to the City Council was received to annex to the City of Englewood a certain unincor- porated parcel of land within Arapahoe County, as hereinafter described; and WHEREAS, City COuncil, being familiar with the boundaries of the City of Englewood and taking notice thereof, finds that not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the City of Englewood, Colorado; and WHEREAS, the said petition for annexation is signed by the president and secretary of the owner of one hundred percent of the property proposed to anne xed, exclusive of streets and alleys ; <Jnd WHEREAS, City Council finds that a community of interest exi~Ls tWLocn he areu to nfl<.'XL'<.I <~xl the City of l·:ntJI •wool .ark.l ttldl sa1d are is urban is integr ted with and capable of ing integrated with the said City of Englewood; and WHEREAS , the C1ty of Englewood can provide th owner with mun1cipal rvices; and WllLRE'J\S , the City Counci 1 finds th<Jt Lhe propostod ann<.'x.lllon c:oo np l!S ilh 1 th plical.>l prov1si ns oL the Color Jo Mun1cipal Annexation Act of 1965 , amended; 'IliEREFOR · , 1 ORDAINED BY '1'11E CITY CXlU IL a! '!liE C l Y !.flo, , CXlLO I.LOWS: • I • • • • • A tract of land in the NE 1/4, Section 16, Township 5 South, Range 68 West of the 6th P.M. together with the East 30 feet of South Windemere Street and part of west Prentice Avenue, all in the County of Arapahoe, State of Colorado, more particularly described as follows: Beginning at the Southwest corner of the ~ 1/4, NE 1/4 of Section 16, Township 5 South, Range 68 West; thence N 89 degrees 54'29" E (basis of bearings being the North line of the NE 1/4, said Section 16, having a bearing of S 89 degrees 57'00" E, as shown oo the Colorado State Highway Department's right-of-way maps), along the South line of said NE 1/4, a distance of 1933.37 feet; thence N 0 degrees 05 '31" w, a distance of 30.00 feet to the North line of west Prentice Avenue; thence along the westerly line and Westerly line exteOOed Southerly of the parcel described in Book 1978 at Page 176, Arapahoe County Records, the following courses and distances: North 0 degrees 18'14" W, a distance of 273.85 feet to a point of curve; thence along a curve to the left having a radius of 454.36 feet, a central angle of 31 degrees 51'46", an arc distance of 252.68 feet (the chord of which bears N 16 degrees 14'07" w, 249.43 feet), to a point of tangency; thence N 32 degrees 10'00" w, a distance of 177.30 f t; thence departing fran said Westerly line, N 89 degr 57 '00" W, parallel with the North line of the NE 1/4 of said Section 16, a distance of 1768.30 feet to the West line of the NE 1/4 of said Section 16; thence s 0 degr s 02' 44" E along the West line of said NE 1/4, a distance of 698.07 f t to the Point of Beginning, containing 1,321,406 square feet (30 .34 acres), more or less. iata in that IIU'licipal that zoni 09 of the and y r; ther for , this ordinance c ed r ency ordinance f I.PX'l final pa publication w1thin 7 y of final pa1~1Qe and oo fir•t 09 00 the 2 • • • • • • Published as a Bill for an Ordinance on the 8th day of February, 1984. ~ene L. Otis, Mayor Attest: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Qlglewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 6th day of February, 1984. Gary R. Higbee 3 • I • • ORDINANCE NO. SERIES OF 198-4--- • • - ll'i 1\U'l'IIOHl'l''i A BILL FOR COUNCIL UlLL NU. 7 INTRODU~NCIL MEMBER ~u-Q AN ORDINANCE ANNEXING 30 .34 ACRES OF REAL PROPER'l''i , MORE OR LESS , AS HEREINAFl'ER MORE PARTICULARLY DESCRIBED , 'fO '!'HE Cl'l''i Oc' El-JGLEWOOD, (X)LORAOO) o..-n&_ ~ O-rr\ ~· WHEREAS , a petition to annex addressed to the City Council was received to annex to the City of Englewood a certain unincor- porated parcel of land within Arapahoe County, as hereinafter described; and WHEREAS, City Council , be.ing familiar with the lx>undaries of the City of Englewood and taking notice thereof , finds that not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the City of Englewood, Colorado; and WHEREAS , the said petition for annexation is signed by the pres· dent and secretary of the owner of one hundred percent of th property proposed to be annexed , exclusive of streets nd all ys; und JillREAS , City Council finds that a community of interest ed<;Ls ·lWl><•n the reil to JOrll!xL'<l and th• Cily of l•:O..Jlewood .111d tr•dl d re is rban and is integrated w1th and capable of ing int~rated Wlth th said City of Englewood ; and \·, i!:REAS, C1 ty of Englewood can provide the owner w1 th m n1c1p serv ces; and D.RI"..\S , tiH• City Coun ·i 1 firl(b Lh.tt lh • p opos ~ .m nox.rtion o;...np 1 ~s 1Lh al the pplicabl prov lS ions of the Color do M nicipal Annexation Act of 1 65 , amended ; BY TilE CITY COUNCIL OF TilE S: • • th • • • A tract of land in the NE 1/4, Section 16, Township 5 SOuth, Range 68 West of the 6th P.M. together with the East 30 feet of South Windemere Street and part of West Prentice Avenue, all in the County of Arapahoe, State of Colorado, more particularly described as follows: Beginning at the SOuthwest corner of the NW 1/4, NE 1/4 of Section 16, TOwnship 5 SOuth, Range 68 West; thence N 89 degrees 54' 29" E (basis of bearings being the North line of the NE 1/4, said Section 16, having a bearing of S 89 degrees 57 '00" E, as shown on the Colorado State Highway Department's right-of-way maps} , along the South line of said NE 1/4, a distance of 1933.37 feet; thence N 0 degrees 05 '31" W, a distance of 30.00 feet to the North line of West Prentice Avenue; thence along the Westerly line and Westerly line extended SOUtherly of the parcel described in Book 1978 at Page 176, Arapahoe County Records, the following courses and distances: North 0 degrees 18'14" W, a distance of 273.85 feet to a point of curve; thence along a curve to the left having a radius of 454.36 feet, a central angle of 31 degrees 51'46", an arc distance of 252. 68 feet (the dlord of loti ich bears N 16 degrees 14 '07" w, 249.43 feet), to a point of tangency; thence N 32 degrees 10'00" w, a distance of 177 .30 f t; thence departing from said Westerly line, N 89 degr 57 '00" w, parallel with the North llne of the NE 1/4 of id tion 16, a distance of 1768 .30 feet to the t line of the NE 1/4 of said Section 16; thence S 0 r s 02'44" E along the t line of said NE l /4, a distance of 698.07 f t to the Point of Beginning, containing 1,321,406 square f t (30.34 acres), mor or less. ~n 11, 1 4. • -• • • Published as a Bill for an Ordinance oo the 8th day of February, 1984. Eugene L. Otis, Mayor Attest: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Dlglewood, 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 oo the 6th day of February, 1984. Gary R. Higbee • I • • • • - Englewood Parks and Recreation Ca:mission Minutes of November 10, 1983 5 A The regular llOl'lthly meeting of the Engl~ Parks & Recreation Ccmnission was called to order at 5 :40 p.m. by Cllairman Jack Poole at the Englewood M.Jni.cipal Golf Course Clubhouse. MenDers present : Allen, Bradshaw , Ganes, Higday, Hi.xc.n, Howard, Poole, Rademacher Romans, ex officio ~s absent : Boardnan Also present : Leon Kuln, Assistant Director of Parks and Recreation .D:rug Foe , Assistant Director of Parks and Recreation Angela Lawrence , Recreation Intern Dr . Gatewod Milligan , <llairman of Malley Sr . Center Advisory Ccmnittee Cllainnan Poole asked if there were any additions or corrections to the minutes of October 20, 1983 . There were nroe . A rotion was made and seconded that the minutes of October 20, 1983, be apprOYed as written . The rotion passed. The minutes of September 8, 1983, 1lbich were previously approved at the October Cann- ission meeting, were resulmitted to the Cannission and an anendlelt was made on pg . 1, para. 2, as suggested by City Manager ttCow"l . Cannissioner Higday requested that on pg . 3, para. 1, lLl.e 1, the ...ord "mless" be changed to "if", and on line 2, strike the ...ord "not". A mtion \oiiB8 !llllde and ,secmded that the minutes of September 8, 1983, be approved as anended . The llDtion passed . 0\aiJ:mlln Poole intl:'O<klced Becky RadEmacher and Denise Hixon , both newly a lected bers to the Parka .md Recr tion Cannission . Assistant Director f': introduced Recr tion Intern, lA Lawrence, Kansas State . Or . t1illi.pl, Cllainmn of the lley i tr. • propo aibly ff t fort • ted Advi ry of Floyd 17 of ita viaitot t u thJ.a I ' and t y y ill in • Englewood Parks and Hecreati.on Coomission Minutes of November 10 , 1983 Page -2- • • - that it is necessary to replace Sillxn parking spaces with Malley parking spaces : a) issue temporary parking permits to Sillxn Center tenants to distribute to their visitors when parking in the Malley lot; and, b) Milley Center issue tsqx>rary permits to Silmn Center visitors. Ccmniss:ioner Higday indicated that a decision is far from being made with regard to the floyd Avenue rerouting plans and suggested that the Malley Center Advisory Comnittee ~t until serious discussions en the project are started and their concerns can then be relayed to the Parks and Recreation Ccmnission . With regard to the ccnstruction and maintenance of the South Platte River Trail , copies of a "Letter of Autrorization", signed by City Manager tot:~. and dated October 28 , 1983, ~<iere di.stri.OOted to the Ccmnission for t heir review . Director Romans s tated that the l e tter gives autrori.zation to the South Sub.Jrban Park FCUldation to inplEm!llt the desf.wl , b i dding , and ca\Struction of the Platte River Greenway Trail system from Bates Avenue south, and also s t i pulates that the Cities of f)'}gle.«>od and Sheridan and the South Sub.Jrban !1etropolitan Recreation and Park District will have the right to review and approve the final des ign doc- 1.1Jlellts . O:xltained in the Letter of Autrorization is a statEm!llt of agreemEI'It stating that "representatives fran 'the Cities o f f)'}glewx>d and Sheridan , the South Sub.Jrban Metropolitan Recreation and Park District, and the Urban Drainage and Flood Ccxltro l District will get together prior to letion of the South Sub.Jrban Connection of the Platte River Greenway, to determine exact main t:en~n::e respcnsibilities . '' Cllai.rual Pool reported that Mr . & Mrs. l<Ain Carl berg were scheduled to a t tend the C'.a!mi.ssion 1ng ocncerning their dmation of f\nia for a tr fo{ the golf cour ; how- y called ion offic and stated t they 1o0Uld not abl Dir tor tor t<um wrot a 1 tter to the Carl them for their previously publicity in r rted that bid& for the r stated tha el Conatruction 13. 7300 s Altm $ ,270, ' which incl , eolAar • • • ·Engl~d Parks and Recreation Ccmnission Minutes of November 10, 1983 Page -3- • • • running track surface, as requested by the Parks and Recreati.oo Depart:IIEnt. Mr . Rcmans stated that the City Engineer made a base estimate of $3,242,000, "*rl.ch does not include these alternates. Ranans stated that an investigatial of Andersen's Ooj()rk history will be conducted before the c~y is hired . He also stated that the groun.dbreaking cereoony is scheWl.ed to be held CX1 Saturday, December 3, 1983 . CCX\cerning the camtnity center swimning pool, O:mni.ssioner Higday stated he was told by Sherri G.llley, a citizen of Fngle.wood, that it is her \I\derstanding that it is possible to have twJ pools with one heating and filter systan. Assistant Director Foe infonred Higday that Kip W:x>d, the City's pool calSultant, has indicated a suppleDB1tal heating system "I<.Ould be required to efficiently heat twJ pools . Director Ranans asked Higday to have Mrs . G.llley talk to him, and if necessary, he wuld arrange a meeting with Tri-Col.nty Health and our pool coosultant and they can hear first hand that regulations will not permit CX1e filter systan for tw:> separate pools . Copies of a City/School Agreement oo the use of the high scrool pool, entitled "Joint Recreati.oo Agreement", were distributed to the Ccmniasi.oo for review. Director Rausns review- ed the ordinalce with 'the Ccm:aiJisi.oo . He stated that the staff reviewed the agreement and recaiiDIIlded approval . After 11001e dacussi.oo, Ccmniasiooer Allen DBde a ucti.on , 8eCCilded by Camd.ssioner , that the ordinance approving an agr t titled "Joint Recreation Agreeu&lt" providing for shared use of the F.bgle!W)()d High School Swimning Pool be approved . The UDti.oo pulled. Aasiatc\t Director K1m reported to the Camtf..s i.oo oo leted repairs to Of 8 OUII~IID, l<utl\ illuatr 1 ev1e.r and p facilit . With lJrben '-'I.ILUI<"W" ,.....,M~ Uttl pain • Park and stated • to a jor rain proj t . is r- . 2' loft1ch • • • • 'Englewood Parks and Recreation Ccmnission Minutes of November 10, 1983 Page -4- • • • had been closed nnst of the sumer because of difficulty in locating sane special replace- liSlt fixture parts . They expect to have the restroans open in the Spring of 1984 . At Ranans Park, Kum stated that sane repairs have been made in the past year to the roof of the shelter muse to stop leaking . After three tnSuccessful attaJlltS to repair the leaks, it was necessary to caxt>letely renove the roof . In so doing, they fmnd that the tar paper at the ridge point had not been overlapped , and therefore the water was leaking l.llder the tar paper. Kum stated that the Ranans Park restrcxxn stools have never flushed properly . It was determined that because the ~ter tap is located sane 300 feet fran the restroans, there was not enough ~ter pressure reaching the facilities . He said that a second water tap has been added at the facility to correct the low ~ter pressure . Director RaDans raninded the tw:> new youth IIBiilers that they now have the pri vilege of voting on Ccmui.ssion mtt:ers &ld encouraged than to exerci;Se this ri8ht . Director :bDans asked the Ccmui.ssion if they wished to rold a Deceuiler meeting , explain- ing that in the put, the Deceniler meeting~ c.moelled due to the bu8y CllriatlDU tbl iday . After 8CIIII! discussion , the Q:mui.asion agreed that, \.K\l.eaa aaua tnforeaeen c i.rcullltmces arise , tlwre will be no Dec:entler ting . Director stated was ked by Recr tion ~r Caro yn Tracy CD r the Ccmnission that the lobrlcrea.tion RecogJUt ion D1mer will be held Saturday C!Yaling , lbvalb!r 12, 198 3, at Mal ley Cs\ter , .rui Oxnni.aaion a ar invited . ltated that A.tsittant City....,._,... Vargas will to te.nd . Ita the had diff 1cul ty in tt t ~tely 100 it ti.on of C1 Fore1ter . D1r • • • • Engl~ Parks and Recreation Ccmnission Minutes of November 10, 1983 Page -5- • • - SUlllV!r programs and is checld.ng trees. She is also handling many citizens inquiries con-I . cerning tree care and problEmS of diseased trees. Ccmni.ssi.oner Ho\.Brd stated she \omlld like the City Forester to check a Fir tree in her yard. Director RaDans advised her that he will have the Forester call her for an appoint:nelt. Director Ranans stated that the City Forester, at the request of Gary Diede, Director of Engineering Services, checked the trees that are being planted in the Detention Pond to make sure the City is recei~ the grade of trees that was requested in the specifications . Coomissiooer Higday voiced dissatisfaction in the possibility that the School Board ll8Y reinstall an old and U'Uiightly tin storage shed at the Detention Pond. Director Ranans stated he is U'Uiure of their intention and ~d check into it. Ccmnissi.ooer Bradshaw entered the neeting at 7 :00p .m. and explained that, again, she is attending a class at Denver lhiversity . She stated she has no DDre lb.Jrsday night classes . Director RaDrms advised the Ccmnissim that a $100 ~yuDUS dooatim has been given to the Parks and Recreatim FCUidation Trust F\n:i to purchase a tree for the pplf course as requeated by the dalors, and therefore, it 1.a nece'lary for the Qlamiaaim to a.ke a rec- CID'IB"Iliation that City Coulcil approve the purchue of a tree with hilda fran the Parks and Recreation FCUICI&tim Truat F\md . Qlamiaai.oner Allen ll*ie a lll)ti.m, HCOOded by Ccmni.ssi.cner , that a recam&ldatim be llllde to City ~il to appropriate $100 fran the Parks Cld Racreatim FCUICI&tim Truat F\n:i for the purchue of a tree to be placed on the Englt¥X>d Golf Course . The lll)ti.m pa111ed. Qlamiaai.oner fCUld it to atated he hu viaited the aodded portion of othe tmtim Pond and tic . He alCOUraged everyone to adj~ at 7 :05p.m. it . Secretary I . PRESENT: ABSENI': ALOO PRESENT: • • • BOMD OF CAREER SERVICE CXMUSSirnERS November 17, 1983 MINUTES JoE11en 'I\lrner, Cather:ine Pokraka, Janet Kerzic, Betty Keena, Donald Weber None Benjamin Craig, Career Service Board Attorney Peter Juenemann, EE'A/AFSCME President * * * * * * * Olainnan Weber called the rreeting to order. Ccrml.issioner Keena I!'CNed, seconded by Ccrml.issioner Kerzic to awrove the Septarber 21, 1983 regular rreeting minutes. AYES: 'I\lrner, Pokraka, Kerzic, Keena ABSTAIN: Weber Ccrml.issioner Kerzic I!'CNed, seconded by Ccrml.issioner Keena to aJJ!)rove the Septarber 21, 1983 special rreeting minutes. AYES: 'I\lrner, Pol<raka, Kerzic, Keena, Weber NAYS: None Ccrml.iss i oner 'I\lrner I!'CNed, seconded by a:mnissioner Pokraka to approve the Ck:tcber 6, 1983 p.lb1ic hearing minutes. AYES: '1\lrner, Pokraka, Kenic , Keena, \ r NAYS: None * * • * * * * • • • • * no repJ:-esoot;ati • • • • • • • I • • • • • Ccmnissioner Keena llDVed, secorrled by Camrissio ner Kerzic to eliminate Draft A of the Rules and Procedures and consider only Draft B which excludes the Board's Attorney as a offical of the Board. AYFS: Turner, Pokraka, Kerzic, Keena, 'VIeber NAYS: None '!he foll<:Ming amendments to the prop:>sed Career Service Board Rules were approved and a final draft is attached. Rule 1. Organization of the Board Article 1 .1 . -No 01ange Article 1. 2 • -No 01ange Article 1.3. -r-t:Jved by Ccmnissioner Keena, seconded by Ccmnissioner Pokraka, to revise the first sentence to read: wherever a vacancy shall OC'CUr in the office of chairperson, the remaining mentJers of the Board shall select a successor within sixty days. AYES: Turner, Pokraka, Kerzic, Keena, Weber NAYS: None Article 1. 4. -~ by Ccmnissioner Pokraka, seconded by Ccmnissioner Keena to revise the first sentence by a dding an "s" to the '-Urd rreeting and change the '-Urd "a pproval" to~- AYES: Turner, Pdrraka, Kerzic, Keena, Weber MS: ne Art.l.Cle 1. 5 . s 1.oner Pakraka , seccnded by · ssi oner Turner "and ccrrespondenoe of the Board" 2 .4 . - 2 .5 . - AYES: 'l\l.rn , Pdrraka , Kerz ic , NAYS : AYFS: 'I\I.rnor , NAYS: I"ZlC , to I • • • • • Article 2.6. -(Con.t) deleted. '1lle last sentence shall remain unchanged . AYES: 'IU.rner, Poltraka, Kerzic, Keena, Weber NAYS: None ~le 3. Filings with the Board Article 3.1. -O:mnissioner Keena noved, BeOCl1ded by Camli.ssiooer Kerzic to change the w::>rd "Board" to Recorctinq Secretazy in the entire eectioo. AYES: '1\u:ner, Poltraka, Kerzic, Keena, Weber NIU'S: None Article 3.2. -'lhe w::>rd "Board" changed to Recording. Artie le 3 . 3. -~ed by O:mnissiooer '1\u:ner, seooudtrl by o:Jmti.ssianer Poltraka to add " notice of" before the w::>rd aRJ&als.and change the w::>rd "Board" to Recording. AYES: 'l\u:ner, Poltraka, Kerzic, Keena, Weber l'aYS: None ~le 4. Setting Hearings Article 4 .1. -~ by O:mnissioner Keena, seccnded by O:mnissiooer Kerzic to change "Secretary of the Board" to Recordinq Secretary and "Olai.J:man" to Olai.rperaon. AYES: '1\u:ner, Po1traka, Kerzic, Xeena, Weber NIU'S: None Article 4 • 2 • -~ed by O:mnissioner Keena, aeoouded by O:Jmdaai.ooer Poltraka to strike the wordll "of the Board" and nake the word notices singular. AYES: '1\J.rner, Pokraka, Kerzic, Keena, Weber NIU'S: None Omni.sai Keena noved, aeoouded by O:JmU.aioner Kerzic to accept Draft B of the Career Senrioe Board J\1les with appt'OIYed revi.aiooa . AYES: '7\u:ner, Poltraka, Kerzic, Keena, Weber NIU'S: • • • • • • • aaJ•nMal of the Sel:tta~~ber eecaded by ......... ..u ........ ~ AYES: S: • I • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION December 6, 1983 I. CALL TO ORDER. 5 The regular meeting of the City Planning and Zoning Commission was called to order by Chairman Marjorie Becker at 7:00 P. M. Members present: Venard, Allen, Barbre, Becker, Carson, McBrayer Romans, Ex-officio Members absent: Stoel, Tanguma Also present: Senior Planner Susan King II. APPROVAL OF MINUTES. November 8, 1983 November 15, 1983 Chairman Becker stated that the Minutes of the meetings of November 8, 1983 and November 15, 1983, were to be considered for approval. Barbre mov d: McBrayer seconded: Th Minutes of November 8, 1983, be approved as written. AYES: Barbre, Beck r, Ca rson, McBrayer, Venard NAYS: None ABSTAIN: Allen ABSENT: Sto 1, Tan uma Th motion carri d. McBray r 1110v d: Barbre cond d: Th Minut s of ov mber 15, 1983, b approved as written. AYES: Barbre, B k r, Carson, McBray r, V nard, Allen AYS: on ABSENT: Sto 1, Tan1u Th 110tion carried. Mra. a k r ata d t D1atrict R 1ulatt na All n IIOV d; V rd 1 c nd d: of F ct t on th propoa d l-1-A Zon or approval. n C 1 11 -83, th b approv d aa writ • R-1-A l n n and Cor- I • • • - -2- AYES: Becker, Carson, McBrayer, Venard, Allen, Barbre NAYS: None ABSENT: Stoel, Tanguma The motion carried. IV. FINDINGS OF FACT R-1-B Zone District Regulations CASE 1120-83 Mrs. Becker stated that the Findings of Fact on the proposed R-1-B Zone District regulations were to be considered for approval . McBrayer moved: Allen seconded: The Findings of Fact on Case 1120-83, R-1-B Zone District Regulations, be approved as written and forwarded to City Council. AYES: Carson, McBrayer, Venard, Allen, Barbre, Becker NAYS: None ABSENT: Stoel, Tanguma The motion carried. V. FINDINGS OF FACT R-1-C Zone District Regulations CASE 121-83 Mrs. Becker stated that the Findings of Fact for Cas 121-83, R-1-C Zone District regulations, were to b considered for approval. B rbre moved: All n seconded: The Findings of Fact for Cas 121-83 , R-1-C Zone District R gulations, be pproved as writt n and forwarded to City Council. AYES: McBrayer, Venard, All n, Barbre, Beck r, Carson AYS: Non ABSENT: Sto 1, Tangu Th motion carri d. VI . PI DI CS OF FACT R-2 Zone District R gulations Ch trman B ck r stat tha the Findings of Fact for Caa 122-3, R-2 Zon District regulatione, w r to b conatd r d for approval. All IIOV d: B rbr s cond d: Th Findin 1 of Pact on Cas 122-3, R-2 Zon District R ulstion , b approv d aa writ nd orward to City C uncU. All n, B r r , B k r, Car n, ITay r • I • • • - -3- The motion carried. VII. FINDINGS OF FACT CASE /12 3-83 R-2-C Zone District Regulations Chairman Becker stated that the Findings of Fact on the R-2-C Zone District Regulations were to be considered for approval. McBrayer moved: Venard seconded: The Findings of Fact on Case /1 23-83, R-2-C Zone District Regulations, be approved as written and forwarded to City Council . AYES: Venard, Allen, Barbre, Becker, Carson, McBrayer NAYS: None ABSENT: Tanguma, Steel The motion carried. VIII. COMPREHENSIVE ZONING ORDINANCE Proposed Zone District Amendments: R-2-C SPS, R-3 and R-4. Mrs. Romans stated that these three zone districts have been reviewed with the Commission previously, and changes suggested at that time have been made in the drafts before the Commission at this meeting. Mrs. Romans noted that two members of the Commission are absent this evening, and questioned whether the remainder of the Commission members wanted to go into the proposed amendments again in depth. It was the consensus of th Commission members present that th mendments to thes zone districts have been consider d previously, and inasmuch as two members were bsent from this meeting, an additional in-depth discus ion would not be und rtak n at this time. Th point d out that if th Commis ion o desired, th se mendments set for Public Hearing in mid-January. Mrs. B ck r asked if it was n c ssary for nether in-depth review prior to the public hearing. Mrs. Romans stat d that an in-depth review would be given if Commission memb ra eo d sired; oth rwiae, the taff will be prepar d to do a full pr ntation at th ti of th public h aring. The copi s of the nd- th t ar b for th Commiaeion at thie m ting would be th draft coneider d at the time of th public h aring. C raon IIOV d: All n a cond d: Th Pl nning Commis ion ach dule a Public H arin& on Janu ry 17 , 19 4, to coneider th R-2-C SPS Zone Die rict r ulatione, nd propoe d am nd nta to the R-3 and R-4 Zon Diatricta. AYES: V n rd, All n, B rbr , B ck r, Caraon, McBray r AYS: AB Th .otion carri d. • I • • • - -4- Mrs. Romans stated that the Commission agreed to meet on Decemb er 13th rather than on December 20th in order to review the B-1 and B-2 Business Districts, and the I-1 and I-2 Industrial Districts . Also to be considered that evening are some amendments that the staff is proposing to the Sign Code . Mrs. Romans said that at this time, one member has stated that he would not be able to attend a meeting on December 13, and asked if there are other members who are aware that they would not be present on December 13th . No other member indicated they would not be present on December 13. Mr. Carson questioned the reason for amendments to the Sign Code. Mrs. Romans said that after having interpreted the Sign Code for a year, several of the provisions have been found to be unclear or unrealistic . There are some instances in which signs that may not really be a problem are not permitted by the Sign Code, such as joint identification signs for pro- fessional office buildings in the R-3 Zone District. Mr. Carson asked if there was not provision for such cases to go to the Board of Adjustment and Appeals. Mrs. Romans stated that the staff is of the opinion that provisions of the zoning ordinance, including the sign code, should not be enforced by the variance procedur . A variance should b g ranted only if special conditions exist on the property which may make it impossible for a property owner to meet the minimum conditions required in the ordinance. A vari nee should not be used to correct omissions or errors in the Comprehensive Zoning Ordinance. Mrs. Romans stated that if any memb rs of the Commission would like, they may com in and th staff will go over th proposed amendments with th m b for th eting on Dec mber 13th. IX. PUBLIC ~'ORUM. Ther was no udi nc X. DIRECTOR 'S CHOICE. on a •ubdivl 1 n rinaa on the pro- -4. I • ' • • -5- XI. COMMISSION 'S CHOICE. Mrs. Becker asked if the hearing on the Landscaping Ordinance was, in fact, last Friday. Mrs. Romans stated that this statement in the paper was in error. The Public Hearing on the Landscaping Ordinance will be on December 20, at 7:30 P. M. before the City Council. Mr. Allen asked what was being done regarding the municipal trash collection program. Mrs. Romans stated that she understood this would be brought up for discussion before City Council after the first of the year. Mr. Stitt of the Planning Division is preparing a report regarding municipal trash collection for the Council. The meeting adjourned at 7:35 P. M. • I • • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION December 13, 1983 I. CALL TO ORDER. 5 c The Special Meeting of the City Planning and Zoning Commission was called to order at 7:00 P. M. by Chairman Marjorie L. Becker. Members present: Allen, Barbre, Becker, Carson, McBrayer, Tanguma, Venard Powers, Ex-officio Members absent: Stoel Also present: Acting Assistant Director for Planning Susan T. King Planner I Harold J. Stitt II. COMPREHENSIVE ZONING ORDINANCE AMENDMENTS B-1, Business Zone District B-2, Business Zone District I-1, Light Industrial Zone District I-2, General Industrial Zone District Sign Code Design Guidelines Mrs. Becker noted that copies of the proposed amendments had been sent to members for their perusal several days previous to the meeting. Mrs. Becker asked if the Commission members wanted to have an in-depth review, or if they just wanted to ask questions on matters of concern to them. It was the consensus that the Commission members would ssk questions regarding matters of concern in the proposed amendments. The B-1 District was considered. Mr. Carson questioned dll on Page 2, under the Permitted Principal Uses: Book Stores, NOT INCLUDING ADULT BOOK STORES. He stated that he thought th possibility of an Adult Book Store was zoned out anyway, and why make refer nee to an adult book store. Ma. Powers pointed out that the amendment to th Comprehensive Zoning Ordinance regarding adult u es, which was dopted approxim tely two years ago, is based on distance m asur d from given points, such s schools, churches, etc. There are some ar as of th downtown rea wh r thea measur m nts do not apply, and an adult book store or adult uae would be permitted. Therefor , it waa f lt that it should b addreaa d in the propos d B-1 Zone District am ndm nts. Mrs. B ck r a k d if ther wer oth r qu tiona on th proposed amendm nt a to th B-1 Busin s District • • Pow rs would lik to comm nt on the propos d B-1 Diatrict nt a to th B-1 Zon Diatrict will accommodat th a, nd will r plac th proviaiona that 8-DD (Buain as-Downtown Develop• nt) Die- The B-OD Diatrict will b dropp d, and will no proc d throu h th ee b for City Co uncil. Me. Pow re pointed out th change in r dev lop nt pl na, noting that th re will no long r b th Girard Av nu , nd th d or h igh reatri tiona along that corrid r haa b n eliminat d. Th n w d v lopa nt plan a a to fit within ra of th B-1 Zon District with the minor ch n a tha h v • I • • • - -2- Mr. Carson asked if a plumbing shop would actually be permitted in the downtown area. Ms. Powers stated that if the plumbing shop is incidental to the retail sales room, it wo uld be permitted . Ms. Powers emphasized that the market will dictate the uses that develop in the downtown area. Ms. Powers po inted out that residential use has been added as a permitted use t o the B-1 District; residential uses have not previously been allowed in the business district. Mrs . Becker stated that if there were no further questions on the B-1 District, the Commission would the n consider the B-2 regulations. Ms . King s tated that there hav e been several requests to allow mini-ware- housing and storage in th e B-2 District. The staff is considering allowing this as a Co nditio nal Us e; the Co mmission would view each application, and the applicant would be required to provide proper landscaping , loading spaces, etc. Ms. King stated that there is an application that will be coming in regarding mini-sto rag e on property north of the Centennial Shopping Center; this development wi ll be simila r to that on Broadway at Dry Creek. Mr. Ca r son ques tioned whether the mini-warehousing/storage would not be more of an indust rial use than a comme r cial u se. Discussion ensued. Mr. McBrayer s tat ed that he felt if it is allowed as a Conditional Use where the Commission would have a good "ha r d look" at the total r e ques t --not just the use -- it would be all right to allow it in the B-2 District. Mr. McBrayer emphasized that he would no t want to be limited in the r e view of the application in any way. Ms. Powers stated that this would be the advantage of handling the r e- quest as a "Conditional Use." It was th consensus of the Commis ion that Mini-storage and not warehousing could be added as a Conditional Us on Page 5 , #5 of the B-2 Regulations . Mrs. B ck r ask d if there wer further questions r ega rding the B-2 regula- tiona. Th r b ing no furthe r questions, the Commission then co nsidered the 1-1 Zon Di trict regul tiona as proposed . • re. B c r stat d that on Pag 14 , sh felt ther needed t o be clarification n th provisions of Setback/Sere ning vs. Solid Fence . Ms. Ki ng stated that th staff felt th t th installation o a solid fence could be in lieu of providing landscaping if the prop rty owners so desired. Howev r, this pro- vi ton w writt o prior to the provisions contained in the Landscaping Ordin n which 11 to be h rd before City Council on December 20th. Th pr vi1l n in th Landscapin Ordin nc would still r quir the property r to put to landscaping. Diacus1ton n u d. r. Bray r suggest d that a stat nt might be includ d in this section to th f ct that: "This do not r li v th r ap ctiv applicants from comply ina with th landacapin ord inane • " Hn. B trict. ak d w r 1'0 Hr1. B ck r at1t d th t the Indu1 rill Zoo Diltrict. th Ordtn nee could 1tat "land 1h 11 b r chi d 1 nd ia privat ly own what oth r u1 1 can b •tiona r garding th I-1 Zon Di1- the • I • ( • • .. -3- ever be useful for anything but for recreational purposes. Discussion en- s ued. Mr. Tan guma pointed out that the site could be filled, and built up on. Mr s . Be cker ask e d if there would not be problems with underground wat e r i f the site we r e to be filled and built upon. Mr. Allen stated that there wo uld be. Mr. McBrayer stated that there would not necessarily be problems with undergro und water. Mr. Stitt s tat e d that he f e lt this provision was included with the intent t o i n s ure that there is some type of r e clamation on former excavation site s . Mr. Stitt stated that most g ravel p i ts have been reclaimed for park o r rec r e - at i onal purposes, but he felt that it c ould also be reclaimed for private r ec reational purposes. Disc us s i on e nsued. Mr s . Becker asked if there wa s a way t o s tate that the site must be r ecl aimed fo r somethin g other than landfill purpo ses . Mr. Stitt suggest e d a s t ate- ment to th e effect that "the site must b e rec laimed for a use permitted i n t h i s zone dis trict." Landfills are not permitted uses in the I-2 Zone Di s - tric t. Dis cu s sion ensued. Mr. Stitt s tated that an ordinance pertaining t o landfil l operations is being cons ide red by the staff, and t h at o n e o f the propo sed provisions would be t o r e qu i r e that any appli cant for an exc avat ion operation submit a plan outlining the r eclama tion process for that site . Further d iscus s ion ensued. It wa s pointed out that if developed for public recreational purpos e s , this would be permitted as a public facility; if de- veloped for private recreational purposes, it would be done as a Conditional Use, wherein outdoor c on~ercial recreational fa c ilitie s are permitted. Mr s . Becker s tated that s h e had th e same question o n Page 8 regarding the appare nt co nflic t between Se tback/Sc reening and the provision of a So l id Fen ce . It wa s sugges t e d that t h is c ould be hand l ed in the s ame manne r as the p r ov ision in 1 -1 . Pr oposed ame ndmen ts t o the Sign Co de, §22 . 7, w re then co n sider ed. Mr. Mc Brayer stat ed t ha t he would l ike t o hear a s yn o psis of what b r ough t about t he pro pos d am ndm e nts . Mr. Al len s tat ed tha t h h d not stud i ed th p r o- posed amendments to the Sign Co d e . Mr. Stitt stated that the changes the Commission is being asked to cons ider hav com bout after on year of enforcem nt of th Sign Cod • Mr . Stitt pointed o ut lh t until on actually works with th provisions of n ordinanc , th inc on istenc i s in r gul tiona r not pparent. Mr. Stitt stated that som o f th proposed m ndm nts r clarification , ch nges in language t o mak the provi ions more clearly und rstood by staff and by public. Mr. Stit t cit d inst nc s wh r a proposed am ndmen t is an attempt to reach a compromis so that property own rs/bu 1n sam n will not b u nduly p naliz d. Th chang do not compromis th position of the City of Engl ood r srding signag in th corporate limits, howev r. Mr . Stitt a tat d th t on a tr t bann rs , it shall b r quir d th t th spona or nd s po na oring sg nc y shall provid vid nc of insurance nd aaaum th liability. Mr. Stitt al a o r vi w d th p r opos d m ndm n to real atate s i na , Sign a Prohibited in All Zon Districts , Si na P rmitt d in R aid ntial Zon Ois tri t a , Signs Additio lly Allow d , and 0 finitions. Mr. Stitt no t d that und r Prohibit d Sian•, th sta! 11 proposing liaination • I • • • • .. - -4- of "strings of lights"; it is difficult to prove that a string of lights is used for advertising purposes, and is not for protection or lighting of the premises, such as car lots. Regarding animated signs, barber poles are being eliminated from the prohibition. Traditionally, the barber pole is turning when the shop is open, and is stationary when the shop is closed. The staff does not feel that a turning barber pole is that big a problem. The staff also suggests eliminating balloons and lighter than air objects from the prohibited sign list. The Commission pointed out that the "Penzoil Can" that is a lighter than air object, and is an advertising device, would then be allowed. Mr. Stitt sug- gested that perhaps such devices could be handled on a special permit basis. Ms. Powers pointed out that the balloons seem to be used by the car sales lots on weekends. Mr. Stitt stated that the staff is suggesting a changing in wording from "wind enhanced device" to wind signs. Mr. Stitt stated that flashing "lights" has been added as prohibition, also. Mr. Stitt discussed the clarifications on signage permitted in the residential districts. Changes are proposed in the "maximum" permitted number of signs that are allowed. In Multi-family Districts, one sign will be permitted for each street frontage; on a corner lot, it may be necessary to have an identi- fication sign on both street frontages. Mr. Stitt discussed the proposed changes on maximum sign area allowed in residential areas. Joint Identifica- tion Signs were discussed. The provision of these signs has been added to the R-3 and R-4 Zone Districts; these two residential districts allow office buildings , and a joint identification sign is a logical way to advertise for all the occupants of an office building. ~r s. Beck r stat d that sh for offic buildings in th felt the permission of joint identification signs R-3 and R-4 Districts was a good id a. Hr. Stit th n di cus ed th d finition of Sign , which is to b chang d, Mr. Stitt BROAD AY l m nts within thi the mendm nt to th DESIGN GUIDELINES FOR SOUTII AREA, which am ndments 11 pertain to signag r quire- p cific rea. Mr. Stitt stated that ther ha been dis- ral persons int rested in r doing the facades of their r cting n w signs. Discussions have alae be n h ld with the sign comp ni a. On of th cone rna individual back-lit l tt r a to b us d in r propo d to b permitted. Wall ai na may b lo at d building. Projectina aigns ah 11 only b located trict d in aiz • Signs paint d on window ahall th first floor, but ahall id ntify th buain sa r abov only. ah w uld r qu It tha d aoon aa poaaibl It thia tt• , H • Pow ach ul d th R-2-C SP • ardtn th m nd - Beck r atat d that Cor Public H 1rtna I • • • • -5- Hearing on January 17th; the publication timing is such that the B-1 and B-2 could also be included to be heard that evening if the Commission s o des ired. Carson moved: Tanguma seconded: The Planning Commission scheduled a Public Hearing on the proposed amendments to the B-1 Business and B-2 Business Zone Districts on January 17, 1984; a Public Hearing on the amendments to the I-1, Light Industrial and I-2, General Industrial Districts, on the amendments to §22.7, Sign Code, and §22.4C Design Guidelines be scheduled for Public Hearing on February 7, 1984 . All public notices shall refer to the proposed amendments as modified by the Commission on this date. AYES: Barbre, Becker, Carson, McBrayer, Tanguma, Venard, Allen NAYS: None ABSENT: Stoel Th e motion carried. Mrs. Becker stated that she felt the proposed amendments regarding the Sign Co de r e flect a good year's work in enforcement of the Code; also, the pro- pos ed amendments t o the Comprehensive Zoning Ordinance reflec t a lot of staff wo rk. III . PUBLIC FORUM. The re wa s no one present to address the Commission. IV . DI RECT OR'S CHOI CE. Ma . Po we r s r e viewed the ag nda f o r th meeting on January 4, noting that th r will be th Safeway Pa r k ing Plan, and s tr et, alle y and easement vaca tion r qu es t s t o be consid r ed t o f a c ilitate the Safeway development. Also on t h a t genda , will b di c ussion of th annexation/zoning of th e Brock dev lopm nt on th fai r g r ounds p r o p rty. Ms. Pow r s tated t h at it ia n ticiapt d th p t ition for an nxa t i on of t he f i r s t ph a se o f t his sit e will be submitted to th City on 0 cembe r 14 th; the City Co uncil will con- aider this matter on first r ading on D cemb r 20 t h , n d wa nt to co nside r it at a cond r a dina on January 3rd. • Po w ra stated that she has no in- ormation r gardin ch nn x tion to aive th Co-.iaaion at this tim • Mrs. B ck r stat d that this appears to be a v ry i po r tant eetina on January 4th, nd ask d if a ab ra w ra a ware at this tim wh ther they would b in att ndance. Hr. ~ Bray r stat d that he uld be ou t of town nd un bl to att nd. • Pow ra point d out that thil 11 t i n a ia on a W dn aday av ina rath r than Tu aday v nina . Pow ra sur ry on v. r. t t d that Aaaiat n t Dir ctor Do r othy Ro n had r 12th; ah ia r cup ra ina nicely. nt n "pro110t ion of • P w re a at d th • jor ood" Oalquiat I • - • • • - -6- has been working on the compilation and publication of this document with the assistance of the EDDA. She stated that she would ask Ms. Dalquist what the status is. Mr. Carson stated that he understood it had to be changed following the change of the downtown plan, but that it is nearly ready for publication. Mr. Tanguma stated that this was also his under-standing. The meeting adjourned at 7:50 P. M. • I • • • • .. MINUTES ENGLEWOOD, COLORADO 5 D BOARD OF ADJUSTMENT AND APPEALS December 14, 1983 The regular meeting for the Board of Adjustment and Appeals began at 7:30 p.m. MEMBERS PRESENT: Kreiling, Hallagin, Dawson, Gage, Brown, Ferguson, and Seymour. MEMBERS ABSENT: ALSO PRESENT: None Susan T. King, Senior Planner Larry Yenglin, Planner I Sheryl Rousses, Recording Secretary * * * * * Chairman Seymour called the meeting to order and stated that with seven members present, 5 votes would be required to grant a variance. BOARD MEMBER HALLAGIN MOVED THAT THE MINUTES OF THE NOVEMBER 9, 1983, MEETING BE APPROVED. Bo a rd Member Gage seconded the motion. Upon a vo t e all s even members vo ted in the affirmative, and the Minutes were pp r ove d as written. * * * * * BOARD MEMBER BROWN MOVED THAT THE FI NDIN GS OF FA CT I N CAS E NO. 29-8 3 BE APPROVED. Boa r d Memb e r Daws on seconded the motion. Upon a vote all s v en me mbers vo ted in t he aff irma t ive , and t he Find ings of Fa c t were approved. * * * * * BOARD MEMBER HALLAGl MOVED THAT THE MINUTES OF THE DECEMBER 7, 1983 , ANNUAL DIN ER MEETING BE APPROVED WITH TWO CORRECTIONS , MRS. DAWSO DID ATTEND THE MEETING, AND HR. KRElL! C'S NAH IS MISSPELLED IN THE THIRD PARAGRAPH . Bo rd H aber C e a cond d the mot i on. Upon a vot all memb ra vot d i n t he af irma t ive and t h Minute• of D c mb r 7, 1983, w re approv d with t wo chan ea . Ch iraan op n d th h d proo of poe in , * * * • • Public H arin on Caae No . 32-3. H nd aak d that th Sta C id ntify th • atat d th t requ at . I • • Minutes Pag e 2 • • .. Mr. Yenglin stated that the applicant is requesting a two-family use in a s ing le-family zone district. This is a variance from the Comprehen s ive Zo ning Ordinance, Section 22.4-4 b -Permitted Principal Uses. The Chairman a s ked that the applicant come forward. Mrs. Ann Burney , 4241 So uth Log an Street, was sworn in. Mrs. Burney presented a letter from Mr. Bowman, the previou s owner of the house at 4241 South Logan Street . He s t ated that he had used the ho me all the time he had owned it as a duplex a nd tha t the builder had used it as a duplex . It had been a duplex since t he hou se wa s bui l t, Mr. Bowman s t a t ed in the letter. Chairman Se ymour asked Mrs. Bu r ney t o p r esent her ~ase . She replied that s he had been told that she was s upp osed to come before the Board to ask f o r a variance. She stated that the house was built as a two-family dwelling be fo re she bou ght the house, and has always been used as a tw o -fami ly ho u s e . She stated that there is a duplex across the street fr om her, and three fa mili e s l ive in the houses next door to her on each side . She stated that al l up a nd d own the street there are two and three families l iving in man y o f t he dwe llings . Mr. Fe r gu s o n stated that Mrs. Burney is required t o give the Board info rmatio n on s i x dif f erent points showing rea son for the Board to grant a varian c e p ermi tting a heavier density than permitted in her district, and mor e pa r king problems . Mr s . Burney stated that the dup l ex use had alway s been tha t wa y . Mr . Fe r guson s t a ted that it has never been legal; she has come befor e the Boa rd t o make the use lega l . The only wa y that she can do that i s to prove he r case, and give reasons wh y the Board should permit her to avoid compl ying wi t h the Zo ning reg ulations. Two families in one dwelling are not c urr e ntly allowed i n th e neighb o rhood. Mr. Ferguson a s ked i f Mrs. Burney unde rstood. She r e pl ied that s he did n ot understand. Mr. Fe r gu son asked i f s he ha d anyo ne wh o wou l d bac k her up as to her ass rtion that the other ho uses i n the neighbo rhood were no t i n comp lian ce. Mrs. Burn y stat d that she had giv en Mr. Ye ngl i n t h a ddre ss of o ne such fami ly. Mr. F rguson stated t hat t he a ddress ha s a Reg istered No ncon forming Use p r mitted there. Mrs. Bu r ney sta t ed that she was not l iving in the ne i ghborhood at th tim either of those houses w r bu i lt. Chairman S ymour stated that th house cross the street was built in 1928, which w s b fore th Ordinance w nt into effect. It was grandfathered in aa a duplex in 1940. Mrs. Burney's house waa built after the Ordinanc was paa d, nd 11 p ra1ta which h ve b n iaau d since th t time have liat d th hou a ain le-f mily hou , includin the permit ah h rself, through h r contractor, obtained. Mra. Burney stated that ahe didn't know anythin bout ny p rmits. Mr. in lk dhow ny p opl w re livin in Mra. Burn y'a hou right that there ar h r children, and a couple wi t h their dau ht r Hr. Halla in aak d how ny cara w re park d th re. Mra. d that ah haa only one car , nd th p ople downstairs hav on h r children who live with her hav cara. She parka in th houa , nd the r ntera park in the back. h atat d th t ah h I r • c ra b aid h r • I • • Minutes Page 3 • • • The Chairman read the six conditions for a variance to Mrs. Burney. These conditions must be shown to exist in order to permit her to receive a variance. Mrs. Burney stated that she did not know how to show that those conditions exist. She stated that she has lived in the house for twelve years, and the house was built as a duplex; she has nothing further that she can think of to say. She asked what harm the duplex was doing. Mr. Seymour stated that the duplex does not meet the requirements of the Ordinance. Mr. Seymour stated that she should take the six conditions and prove each one. Mrs. Burney stated that the tenants downstairs are both over sixty. They like to live there. Mrs. Burney helps them, as the woman is an invalid. Mrs. Burney stated that there is enough room to park three cars in front of her house, and she uses only one parking space for a car that does not run; so she is not contributing to the parking problems in the neighborhood. Mr. Seymour asked if Mrs. Burney had obtained letters of approval from her neighbors. She stated that she had not. She said that she did not know her neighbors that well. They did not ask for her approval when they moved people into their homes. Mrs. Seymour sugested that she obtain letters. Mr. Kreiling asked how this matter came before the Board. Mr. Seymour stated that when Mrs. Burney went in for the Rehabilitation application, an inspector checked the property and reported two families living there. Mr. Kreiling called attention to the permits reproduced in the Staff Report. Mr. Seymour read them, noting that they all listed the house as single-family. Mr. Seymour noted that the original building permit listed the house as a single-family residence when it was built by the Reverend Perry. The Cha irman read into the record a letter from Mr. Joe s. Bowman, the previous owner of the house. "Decemb r 14, 1983 To Whom It May Concern: This is to certify that th hous I form rly owned at 4241 South Logan Street w s built a double, with a s p rate priv t entrance, and that it was so occupi d wh n I bought it from Rev rend D. Paul P rry, the builder. I utilized it as a doubl durin the ntir p riod of my ownership. To the b st of my knowl dge it hss always b n doubl occupied subsequ ntly." Hr. Brown stat d times hous s ar out bout it, the to continu th us • th t th doubl ill sl use to und r c IIIISt co ore th for variances for many things. for many years. Wh n th City finds b fore the Board, if th y wish that Hra. Burn y did not r aliz al, th City cannot permit an exists. Someti s, how ver, The r must d th • I • • Minutes Page 4 • • • Mr. Brown asked that Mrs. Burney first address the hardship issue. She stated that there would be a financial hardship since hers is a one parent family. It will be a hardship i f she cannot continue to have a duplex for the people in the rental unit because they have nowhere to go. She bought the house because there was a rental unit in the house. She stated that the renters are very close to her. Mr. Br own asked about the parking. Mrs. Burney stated that the renters park o nly one car in the ba ck , where there is room for three. Her children, ages 13 and 19, live with her and they do not have cars. The cars in front of her house do not belong to her or to her renters, with the exception of her one car, parked in front, which does not work. Her visitors cannot find parking spaces because of all the multi-family houses in the neighborhood, whic h she does not complain about. Her renter parks on the property. Mr. Brown asked about the old car parked beside her garage. She stated that it does not run, but it is parked on her property. It is her brother's ca r. Mr. Kreiling asked how the garage is used. Mrs. Burney said it is used for storage. When her car ran, she kept it in the garage. She said that she does not cause a parking problem, but she has had to ask her neighbors to move their car. Mr. Kreiling asked which neighbors caused parking problems. Mrs. Burney stated the neighbor s on the south have three families with cars, plus a converted garage which has a single woman in it. This woma n has a van and a car. The Chairman asked if Mrs. Burney had any further statements to make. She said she had not. There we re no further questions from the Baord. There was no one present who wished to speak in favor of the variance. There was no one wh o wished to speak in opp ition. The Chairman stated that a letter had been filed with the Planning Division from Earl and Mona Ruth Ponder, of 4225 South Logan Str et, which stated their opposition to the granting of a variance, and their concern about th parking and number of people living in Mrs. Burney's hous . This 1 tt r is part of the Staff report. The Chairman read the letter to th applic nt. Mrs. Burney stat d th t the Ponders hav had no problem with her about parking. Sh took th m to Court because the Ponders did not want her children to ride their bikes in front of th Ponder house on the sid walk. The Court ordered that th Pond rs w r not to sp ak to her; and h r family was not to sp ak t o them. Sh s id she has c us d th m no probl ma. Sh stated that th Ponders did not want a black f mily in the neighborhood. Mrs. Pond r h d the r e nt rs viet d from th hous b for Mrs. Burn y bought the hous • Sh d th t, whil th r h v b n as m ny as two children living in the nt unit, th re is pr sently only a couple and their d ught r. Th a do not both r th Ponders. 11r. Kr 11 ing lk d 1f th b s ment ie black. Mrs. Burney stated that th y ar h d bl ck r nt r. Sh etat d th t a h and th r nt rs nd lov each oth r. Th rent rs w r un ble to co Th th t th mad part o th R cord. H sa ked ddition th Sta C wilh d to k • Mr. Yen no • lin I • Minutes Page 5 • • - Chairman Seym our asked Mr. Yenglin about the statement in the Sta ff Report on Page 2 which stated that the renters are planning to move. Mr. Yenglin stated that Joyce Brei, who works in the City's Housing Division, stated that the renters are planning to move. Mrs. Burney stated that the renters are on Section B. Mr. Seymour quoted from the Staff Report, "The current tenants have notified the Housing Division that they are unhappy with their current situation and are planning to move at the end of their lease, which is December 31, 1983, whether or not the Board approves the variance request." Mrs. Burney stated that she knew nothing about the renters' plans to move, but said that they are free to go at the end of their lease. The Chairman asked if anyone wished to speak further. No one did. The Chairman closed the Public Hearing for Case No. 32-83 . Mr. Kreiling stated his concern at the applicant's lack of organization in presenting facts which she should have presented; he suggested a continuance. The Chairman stated that Mrs. Burney would have to request the reopening o f the Case. Mr. Ferguson stated that an extra month would give Mrs. Burney a chance to get letters from her neighbors, if she will do so. If she can prove that the neighborhood is extensively multi-unit, her case will be improved. Mr. Ferguson stated that even though there may not be a problem with the present renters concerning parking, future renters may have several cars, and many more people. The Chairman asked Mrs. Burney if she would request a continuance to January, and if such a continuance would be used by her to better prepare her case. Mr s . Burney stated that she could never get letters of approval from the Ponders, but she would ask the other neighbors. The Chairman stated that the six conditions for a variance must also be addressed. Mr s. Burne y said that she did not know how t o go about convincing the Board . Mr. Gage stated that a le tter f r om those renter s would also help. Mr. Kreiling s uggested Legal Aid might help her. Mr. Ferguson suggested that Mrs. Burney bring in letters and witness s in her favo r for the granting of a variance. The Chairman asked that Mr. Yenglin go over the six quest i ons with Mrs. Burney. Mr. Yenglin stated that he had tri d on several occasions. BOARD MEMBER BROWN MOVED THAT CASE NO. 32-83 BE TABLED UNTIL THE NEXT MEETING. Board M mb r Gage seconded the motion. Upon a vote all seven memb rs voted to approve the motion. The Chairman that Case No. 32-83 would be tabled until the January 11, 1984 me tin • Yen lin ask d if Mrs. Burn y would hav to repoat th prop rty. Ma. Kin th t if th r is a date certain for th n xt hearing, th prop rty would hav to be reposted. * * * * "' ruled Mr. stated not The Ch irman open d the Public H aring for Cas No. 33-83, Rob rt Opitz, 5010 South Elati Str at. He asked that th Staff identify the requ at. Mr. Yen lin stated that th pplic nt ia r qu sting an ncroach nt into the •intmum aid - y rd fro• 11 feat to 2 f t and a reduction in the total aid yard from 18 fe t to 9 t in order to construct a carport. This ia a variance from th Compr - h naiv Zonin Ordinanc , S ction 22.4-2 1 (2) (a) -Minimum Sid yard • • I • Minutes Page 6 • • • The Chairman stated that he had proof of posting. The applicant came forward and was sworn in. He stated that his name is Robert Opitz, 5010 South Elati, and he was sworn in for testimony. He stated that he owns five vehicles and has only a single car garage. He wanted to make a shelter for some of the cars. He presented two letters of approval from his neighbors. Mr. Ferguson asked who made the plans, as the carport does not match the fence. Mr. Opitz said that he had done it, and realized it was a little off. Mr. Ferguson stated that even if the Board does grant a variance, it will be only for the sideyard requirements; the Board cannot grant a variance from the Building Codes, which will have to be met. Mr. Opitz stated that he understood. Mr. Ferguson stated that the carport is not built to Code at this time; Mr. Opitz should contact the Building Department for specifics. Mr. Brown reminded Mr. Opitz that if the variance is granted he would still have t o obtain a building permit, and the Codes will have to be followed, and the carport must be inspected. Mr. Opitz stated that he understood. Mr. Brown asked what kind of roof would be on the carport. Mr. Opitz stated that it would be a shake roof, matching his home. He stated that the overhang on each end would match the overhang on the house exactly. Mr. Brown asked if any neighbors had objected to the carport. Mr. Opitz stated that no one had objected as far as he knew. He said that two of his neighbors, Mr. and Mrs. Amidei, had come to testify . They have lived there for 27 y ears, and have no o bjections . Mr. Seymour asked about the water runoff. Mr. Opitz stated that it drains toward the street. Mr. Kreiling asked if there were plans for a gutter. Mr. Opitz said there were. The Board had no further questions. Mr. Opitz had nothing to add. The Chairman asked if there were any speakers in favor of the variance. Jo s e ph D. Amidei, 5070 South El ati c ame forward and was sworn in. He stated t ha t h own s the pro perty t o the s outh o f the c arport, a nd he has no objec tions t o the carport,as i t i s in good ta s te. The drive s l ants t o protect his s i l v e r s pruce tre . H believes tha t a carp o rt wou l d impro ve the neig hborhood. Th ere we r e no fur ther s peake r s in favor of the variance, and there w r no speakers i n opposi tion. Th a pp l i cant h a d no thing f urther t o add . The Chairman declar ed tha t th Publ i c He aring wa s clos d . Mr. Brown stated that th re was a n ed s i nce th pplicant has five vehicle . BOARD MEMBER KREILI 'G MOVED THAT IN CASE NO. 33-83 , ROBERT C. OPITZ, 5010 SOUTH ELATI BE GRANTED A VARIANC PERMITTING AN ENCROACHMENT INTO THE MINLMUH SIDEYARD FR M 11 FEET TO 2 FEET AND A REDUCTION IN THE TOTAL SIDEYARD FROM 18 FEET TO 9 FEET I ORDER TO CONSTRUCT A CARPORT. THIS IS A VARIANCE FROM THE COMPREHE SIVE ZONING ORDINANCE , SECTIO 22.4-2 1 (2) (a) -MINIMUM SIDEYARD. TH CARPORT HAY NEVER BE ENCLOSED . Board M m r Hall gin second d th motion. Upon a vote , all ev n mb rs voted in t h affirmativ , and the Ch airman ruled th t th v riance w 1 grant d. H inatructed t h applicant to apply to th Buildin 0 par tment for a p rmit. Th Bo rd m ra ava th ir findin 1 aa followa: • I • • Minutes Page 7 • • .. Mr. Kreiling stated that there were no objections, and a carport is needed to cover some of the vehicles which Mr. Opitz owns. Mr. Hallagin stated that it is a good thing to remove cars from the street, and get them under cover. Mrs. Dawson said that there were no objections from the neighbors, a carport is needed, and it will not be enclosed. Mr. Brown stated that the applicant met the six conditions, his neighbors approve, and it will improve the neighborhood. Mr. Gage stated that the applicant met the six conditions required to grant a variance, the neighbors approved , and it will get some of the vehicles off the street. Mr. Ferguson stated that the request was justified in that a carport is needed, it will improve the neighborhood, not be a detriment to it, and the neighbors approved. Mr. Seymour stated that the applicant met the six conditions, the neighbors approved, and there was no opposition. The Chairman asked that the Staff report be made a part of the Record in Case No. 33-83. • • • • • The Chairman opened the Public Hearing on Case No. 34-83, and asked that the Staff identify the request. Mr. Yenglin stated that the applicant has an option to purchase th subject property, which is between West Iliff Avenue and th right-of-way for W at Caspian Place, along South Zuni Street. H~a proposal ia to divid th property, which is 240.8 feet wide by 62 feet deep, into thre building s ites . This involv s r duction in lot ar a from 6,000 squsr f t to approximat ly 4,588 squar fe t (the smallest parcel); a r duction in minimum rear yard from 25 f t to 20 f t for construction of two dupl x s and from 25 f et to 16 fe et for th xistin s ingle-family hous ; and a r duction in the numb r of parkin paces from two spaces p r unit to on sp ce p r unit for the proposed dupl xe • These are varianc s from th Compr hensiv Zonin Ordin nee, Section 22.4-7 c -Minimum Area of Lot; S ction 22.4-7 k -Minimum R ar Yard; and S ction 22.5-5 a 10 -Private Off-str t P rkin St ndards. , 1121 orth r Lan , Parker, CO 013 , rn in. H stated that th variance will do subst ntial to all in th t it will provid four sin 1 -faaily attach d reaid ncee moJ rately pric d. It will incr ae th valu of th existing s while eliminatin junk nd w d inf at d lota. It will provid incr a d in th fora or property tax a and aal s tax a. • pare 1 in 1972 bl I • Minutes Page 8 • • • Mr. Keating stated that the variance, if authorized, would not weaken the general purpose of this ordinance because of the unique circumstances on the property (the parcel is long and narrow). This variance would not injure the essential character of the neighborhood, but would strengthen it in that it will be cleaner and more productive. It would not, in his opinion, injure the appropriate use of adjacent conforming property, because it would encourage the neighborhood to improve the existing structures in keeping with the new homes. Mr. Keating referred to the Design Criteria. He stated that he will have energy windows and patio doors, a total of 115 square feet per dwelling, and these windows are located to allow morning and afternoon sun for heat gain in the winter months. A broad-leafed tree will be planted in the front of each dwelling to provide shade from the hot afternoon sun. Concerning screening of off-street parking, an attached one-car garage will enclose one car, and there could be an option of two off-street parking spaces, if the Board felt that to be more important than open space. The dwellings will be of conventional two-story construction, allowing them to be shallow, but containing l ,000 square feet. It is not possible to have an east-west orientation on this property. Because Zuni Street is a wide street, this is not a disadvantage, in Mr. Keating's opinion. There can be a privacy fence which will screen mechanical equipment, trash and storage. The front setback requirements will be met, achieving as much open space as possible. There are two existing trees on the property which should not have to be disturbed; in addition, he plans to put a tree on each building site, and a split rail fence. The homes will be painted in a two-tone scheme, either brown or green, with an accenting color for the roof. The proposed buildings ar similar to adjacent buildings, the exterior elevations are con- ventional in ppearance and texture, and th roof slopes are gentle. The architectural styles are compatible with those existing in the area. H stated lh t if the off-street parking is considered more important than op n space, he could meet the requirement of two off-street parkin spaces. He tat d that the Planning Division was concerned about th easement oin cross this property from east to west, which will v ntu lly liminate the rh ad lin s when Ca pian b comes str t. Mr. K ting met with J Brenn n th Public Service Company and pres nt d a 1 tter from him statin that h vari nc w re r nted, the buildings would not hind r or obstruct th H was unable to contact Mountain B 11, but Mr. Keating b liev d that becaus Public S rvice did not have a problem, Mountain Bell would al o go lon . Mr. S ymour stated that the joint us do s not lways ext nd from Public S rvice to Mountain B 11, nd a cl arance is n d d from both C ani •· Mr. Seymour aa d Mr. Yen lin ~v En in rin had obj cted to buildin acroaa the propo d Mr. Yen lin atated that th y want d it to o thr u h in a str • I • • Minutes Page 9 • • .. Mr. Brown asked if Mr. Keating was planning to build the homes and then sell them when they are completed. Mr. Keating stated that he was building them so that they could be sold. He said he might keep one for investment. They will be metered individually for gas and electric, water and sewer. Mr. Brown asked what the price range would be. Mr. Keating said the low sixties. Mr. Keating said there is a need for nice homes in this price range with a third bedroom. Mr. Brown asked how large the back yards would be. Mr. Keating stated they would be approximatley 20 feet, with a width of between 30 and 35 feet. Mr. Brown asked if there would be some green area. Mr. Keating said there would be. Mr. Hallagin asked about the 16 foot rear yard. Mr. Keating said that would be for the existing house only, and this house has two yards, one facing the east and the other facing the south. Mr. Seymour asked what he could do about the parking. Mr. Keating said that he would like to offer the option of a one-car garage, rather than an extended carport, which he could build by adding a longer slab to the rear of the building, with one vehicle parked behind the other. Mr. Ferguson said that Mr. Keating held an option to purchase this property, and his request for a variance was prompted by a profit motive. Mr. Keating agreed that he had to have a profit, and would not pick up to option if a variance were not granted. Mr. Kreiling asked how many units would be legal on the site. Ms. King stated two structures, with no more than four units. Mr. Ferguson stated that the request then is to put five families in a four family area. There were no further questions; the applicant had nothing further to add. The Cha irman called a recess at 9:09 p.m. until 9:25 p.m. * * * * * Th meeting r conv ned at 9:25, with all present. The Chairman ked if ther w r any furth r speakers in f vor of the variance . Dan Telfer, 3433 West Bowl s Avenu , ca forward and was sworn in. He stated that he i s co-owner of th property. The property has be n in his family for thre generations sine the ori inal subdivisi on. It is now counter-productive economic lly. The n w d v lop nt would improve the neighborhood, because th land is currently vac nt. Th re is a problem k pin w ds controlled. What Mr. Keating is su stin is Csir to th n ighborhood; he will dev lop th land for good us , Mr. Telfer liev s. Profit is the reason for 11 business; ho ver, Mr. K attn 's profits would be only fiv to six percent. on asked how old th pre ent buildin is. Mr. Telf r repli d that built in pproxi .. tely 1942; it is wood fra , with no b s nt. pea rs in favor of th in opposit ion. n s Vard in. h stated that sh h tea duplexes ri ht across th n for the n i hbors. She sin le amily unit in addition rty is on s busy street and sn k nd orth 11 day. With only • I • • Minutes Page 10 • • • would be plenty of off-street parking and room for children to play. Mr. Kreiling asked if the plan was not to sell rather than to rent. Mrs. Vardeman replied that Mr. Keating said that he might rent one, but she could not be sure what was planned. Stephen Puryear, 2320 West Harvard, came forward and was sworn in. He stated that even though Mr. Keating might intend that the units be sold, there can be no guarantees that they won't become rentals. There are many rentals in the area. Duplexes are being built. There is already a hardship for people on Harvard. The Rocky Mountain News demands prepayment because people move in and out so frequently. Mr. Puryear worries that water, Public Service and phone service may also follow this policy. The area is overpopulated and the local school is still not open. There were no questions from the Board. Dennis Kelley, 2393 West Warren, came forward and was sworn in. He stated that he objects to this variance request. The lots are small, and face on a busy, dangerous street. This would not be a good place for children. He said that Mr. Keating could meet the off-street parking requirements, which would be best, as there have been many parked cars wrecked in this neighborhood. At least one of these units should face in a different direction to avoid Zuni Street. Mr. Brown asked if Mr. Kelley believes there should be any building on the land. Mr. Kelley replied that he prefers single-family development, but two duplexes facio Zuni or Tejon would be bad. Five families bring extra traffic , which i v ry bad already. Th re were no furth r questions from the Board. Gerald Capesius, 2350 West Warren, was sworn in. H stated that he has lived in th neighborhood for 20 years. He opposes allowing smaller lots and more buildin s because of the children. The streets have becom playgrounds. South Zuni Street h b com almost a highway with heavy truck traffic. There have b n numerous accidents with on-street parking. Th Police Department does not patrol it enough. There ar no sidewalks on South Zuni Street; this is not a location for children, and most people will have more than one car p r f mily. There will be no room for the children to pl y even with only on off-treet parking place. If th rules are followed for the dev lopment, there will b apse for peopl nd childr n. Amb r Mossb rger, 2250 W st Wesley came forward and was sworn in. She stated that th r is not nough room for five unit • She objects to homes with no aid yards and no off-atre t parking. The inters ction of W at Iliff Av nu and South Zuni Str et is dan roue b c us of the hill which obscures cl r Th re will b more buildin ther , and it will b com more d ng roue. h likes th op n space; if this variance is gr nt d, th lot overbuilt. lb contractors come into th n ighborhood, build th ke mon y, and leave behind probl ms. Sh stated that this is not nd ask d that build rs not b p rmitt d to ov rbuild. Th re no qu ation from th Board. Th Chairman eked for a show of handa of p opl in favor of the varianc nd p opl oppos d. There w r fiv p ople in opposition, and four in favor. Th r w re no furth r ap akers in opposition. Mr. K tin ak d to ap n inv ator, h c nnot k in r buttal. H uar nt that th r atated th t h is a builder, no will b no r ntala, wh th r or no • I • Minutes Pag e 11 • • - he sells the units. He stated that the rear yards, in his opinion, are adequate t o play in, and there is a park within walking distance. He stated tha t South Tejon Street has a lot of commercial activity, but South Zuni Stre et merely "T's" to Dartmouth Avenue. South Zuni Street is a wide street, 60 feet of right- of-way, which permits vehicles to back into South Zuni Street without backing into oncoming traffic. There are speed limits, and the streets seem to him to be heavily patrolled. He stated that families are beginning to have fewer cars than in the past because of the high cost of cars, gas and maintenance. He s tated that the units will be attractive, and should encourage neighbors to upgrade the area. Mr. Gage asked if the applicant has an account with the lumber yard in Parker. The applicant said that he does. Mr. Gage stated that he would have to abstain, because there is a possible conflict of interest. Mr. Ferguson referred to the four letters of approval from the neighbors and stated that the wording on the letter is misleading , making it seem that the variance would be granted to allow an optional garage. Mr. Keating stated that there was a plan of the proposed buildings passed around with the letters. Mr. Ferguson asked if Mr. Keating would sell t o an investor. Mr. Keating said he did not intend to sell to an investor. Mr. Ferguson said that Mr. Keating would not be able to control the use the second or third buyer would plan for the property, and this could include renters. No one , he continued , can guarantee that these properties wil l not be rental proper ties. Mr. Ferguson stated that parking along South Zun i Street is dangerous , and Mr. Keating i s asking to reduce the off-street parking. Mr. Kreiling stated that the exi sting house has its garage exit on West Iliff Avenue. He ask d if th a t woul d be changed. Mr. Keating stated there would be no change. Mr. Seymour stated that Mr. Keating had made a mistake concerning Zuni nd T jon. Zuni go s through, Tejon "T's". The 7-Up trucks do go down Zuni, and th 7-Up Company f c s on Zuni . Th Chairman k d that th that h had proof of postin Staff r port b made p rt of the record, and stat d H sk d if th Staff had ny comments. Sus n T. King, 8220 South Tamar c , unincorporat d Arapaho County , was s worn in. She is the Senior Plann r on the Staff. Wh n th Design Review proc s was dr fted, there were to kinds of policy state nt in th propos d R-2-C S.P.S., r 1 tiv nd absolute. Th bsolutea would have to b t befor a builder w a isau d a building p rait. Th r lativ policy stat m nta llow some fl xibility. If th d velop r gets a poaitiv score on the policies, but did not me t with th six oth r absolutes, th Staff is not permitted to w iv tho baolutea. rh pplicant must be brouRht to the Board. Th Staff w a not to n gotiate on d nsity, lot r , lot front , front yard a tback, h i ht, and minimum floor ar a. Mr. ~ ating is not etin th lot area or th d naity c rit ria. Th Chairman clo d th Public H ar in on o. 3 -83. r. S ymour objected to th 8 11 back yard. Mr. Brown stat d uld too uny p opl • nd h w 8 cone rn d both vith th parkin n uth Zuni tr 1.. • I • Minutes Page 12 • • - BOARD MEMBER BROWN MOVED IN CASE NO. 34-83, FOR PROPERTY LOCATED BETWEEN WEST ILIFF AVENUE AND THE RIGHT-OF-WAY FOR WEST CASPIAN PLACE, ALONG SOUTH ZUNI STREET, THAT THE APPLICANT, DAVID A. KEATING, BE GRANTED A VARIANCE PERMITTING THE DIVISION OF THE PROPERTY, WHICH IS 240.8 FEET WIDE BY 62 FEET DEEP, INTO THREE BUILDING SITES. THIS INVOLVES A REDUCTION IN LOT AREA FROM 6,000 SQUARE FEET TO APPROXIMATELY 4,588 SQUARE FEET (THE SMALLEST PARCEL); A REDUCTION IN MINIMUM REAR YARD FROM 25 FEET TO 20 FEET FOR CONSTRUCTION OF TWO DUPLEXES AND FROM 25 FEET TO 16 FEET FOR THE EXISTING SINGLE-FAMILY HOUSE; AND A REDUCTION IN THE NUMBER OF PARKING SPACES FROM TWO SPACES PER UNIT TO ONE SPACE PER UNIT FOR THE PROPOSED DUPLEXES. THESE ARE VARIANCES FROM THE COMPRE HENSIVE ZONING ORDINANCE, SECTION 22.4-7 c -MINIMUM AREA OF LOT; SECTION 22 .4-7 k -MINIMUM REAR YARD; AND SECTION 22.5-5 a 10 -PRIVATE OFF-STREET PARKING STANDARDS. Board Member Hallagin seconded the motion. Upon a vote, all seven members voted in the negative, and the Chairman ruled that the variance was denied. The members gave their findings as follows: Mr. Kreiling stated that an optional parking area is unacceptable. Mr. Hallagin voted "no" because the site would be overbuilt, and the parking problem would be serious. It did not meet the six conditions required for a variance. Mrs. Dawson stated that there isn't enough ground for that many families or cars. There is a lot of traffic on South Zuni Street. Mr. Brown stated that there was no proof of hardship, as th land c n be developed. There was opposition, and this would be too many famili s on such a small piec of land. Mr. F rgu on stated that the pplic nt did not comply with th six r quire nts for a variance. Mr. S ymour stated that th re w uld too ch d nsity, too much traffic, th back yards would b too small, and too .uch opposition had b n shown. * * • • • DIR CTOR 'S CHOICE. Ma. Kin stat d that Ire nd Elain Paulson a vari nee by th Board at the Nov mb r tin , p raittin th of s roo si n above Th Groom Roo• at 223 South Broadway, roof s ign r aoved to th top of th north building wall, pl ted within 30 daya. Mra. Paulson at t d that ah lh b llo any work to b a I • - Minutes Pag e 13 • • • Mrs. Paulson stated that if they did not enforce the sign law with all signs in Englewood, it would be discrimination. Ms. King stated that the City Council would like to meet with all of the Boards and Commissions. They would like to meet with the Board of Adjustment and Appeals in the Library Conference Room on February 22, a Wednesday. The dinner will be catered. All members stated that they could attend except for Mr. Kreiling, who asked to be called.* Ms. King stated that there were two cases already scheduled for January. There was no Board's Choice. The meeting was adjourned at 10:58 p.m. Secretary * r tar '• note. Mr. Kr ilin will ttend. • I . • • - MINUTES ENGLEWOOD PUBLIC LIBRARY ADVISORY BOARD January 10, 1984 Chairman Sob Currie called the regular meeting of the Library Advisory Board to order at 7:30 p.m. PRESE'T: Bob Currie , Jerry Valdes, Debbie Dix, Al Quaintance, Lois Sterling, Dorothy Wheelehan (Mr. Currie left at :52 p.m.) REGRETS : Barbara Bray, Kay Van Valkenburg ALSO PRESE T: Sharon Winkle, Director of Librarie s Donna Gottberg , Recording Secretary Roll call was taken and a quorum declared present . lr. Currie turned the meeting over to Ms. Winkle for the Director's Report. Ms. Winkle gave a report from the Planning Committee regarding the "mission statement" of the Library. 4 -1 MOTION: To accept the "mission statement" of the Library as follows: "The purpose of the Englewood Public Library is to satisfy the demand for information in the Englewood community and to help citizens analyse, synthesize and communicate this information. A further aspec of these roles is the bringing together of people to share ideas and knowledge with each other." ~roved by: Dorothy Wheelehan Seconded by: Jerry Valdes ~lotion carried. ~Is. Winkle explained the function of the Library D partment Planning Committee for new members who might not be familiar with the work of the Committee. Vol- unteers from the Board were asked to jo1n taff members on the Planning Commi ttee . Lois Sterling volunteered. I . Winkle gave an update on the Library Building Progr m. The Board expre ed a desire to att nd me tings with s t ff member s nd the consul nt, wh1ch th Department propo to hire, regarding the planning of the new library factlity. Is. Winkle b ckground mad by t th1s tim Ch innan Currt brought forw rd 1h r will t Bould r on J nu port. 12. ~ tnt n no- nd un tl/ o rd dtnn ron nt 1 .1 .... • I • -• • • -2- It was suggested that at the February organizational meeting there be a tour of the Library and a dinner before the meet ing to make the new members feel more relaxed by first meeting the present members on an informal basis . ~1r. Currie read a letter from Barbara Bray stating that she does not plan to apply for reappointment. Her term expires Feb. 1, 1984. Mr. Currie left the meeting at 8:52 p.m. He turned the meeting over to Mr . Valdes. , 84-2 MOTION: That a dinner be given to welcome new Board members in c onjunction with the February meeting. 84-3 Moved by: Lois Sterling Seconded by: Debbie Dix Motion carried. Ms. Winkle continued the Director's Report by stating that the meeting of the Arapahoe County joint Boards will be held Monday, February 13 at Littleton (Bemis) Library. The topic will be "Censorship". The Library has received the CLSI terminals and staff is now interviewing the part-time data entry personnel for the retrospective conversion of the collection. Members' Choice. Nothing No Committee reports. No correspondence. o unfinished business. There no discussion on either the December, 1983 Statistical Report or the Annual 1983 Report. Ms . Winkle noted that the 1983 Annual arr t iv r - port will be forthcoming at the February meeting. MOTIO : Th t th Minutes from the December 13, 1983 leeting be approved Moved by: 1 Quaint nee S co ndod by: Debbi Dix Motion c rried. M eting djourn d t 9:~5 p.m. 1-12- • written . I . - ·. • • • 1984 SCHEDULE OF LIBRARY ADVISORY BOARD MEETINGS Meetings are generally held in the Library Meeting Room at 7:30p.m. the second Tuesday of each month. 1-11 -4 d& FEBRUARY 7 (organizational meeting) (1st Tuesday) March 13 April 10 May 8 June 12 July 10 August 14 September 11 October 9 November 13 December 11 • I • • -• • • ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY 3535 S. Sherman -Englewood , CO 80110 MINUTES Janua r y 11, 1984 5 Board Members Present: Close, Coleman, Casson, Holthaus, Kaufman, Mausolf, Neal, Owens, Pendleton, Tomooka Board Members Absent: Maxwell Staff Present: M. Haviland, P. Dietrich G~ests: George Allen, Dorothy Dalquist, Susan Powers Chairman Casson called the regular m eting of the Englewood Downtown Dev lop- ment Authority to order at 12:07 PM on January 11, 1984. Th minutes from th December 14, 1983 meeting were presented for approval. Mr. Kaufman moved, seconded by Mr. Close, to pprove th minutes from the c mb r 14, 1983 meting. Th motion was pas d unanJmously by voice vot v ar. nt. The nted th CI!AIRMA! 'S REPORT ented th bills for paym nt. and rent of the copy machin • Owens mov d, second d by ~r. otion was passed unanimously Tr asur r's Report as of 'ov They w r for r nt, land, These will be op n requi itions al, to approve th hill by voice vote. r. Pendleton mber 30, 1983. al not d that 1in~ or oprora • 81re n OII- I' bruary upport lop n I • • Page Two Minut es J anuary 11 , 1984 • • • WH EREAS, the Englewood City Council is considering applying for Com- munit y Development Block Grant (CDBG) funds for a Statewide Development Corporation; and I<H F.REAS, this Corporation would provide capital for sound business development; and WHEREAS, such business loans would be beneficial to Englewood bu s inesses; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors o f the Englewood Downtown Development Authority, Englewood, Colorado: 1. That they support the 1984 application of the City of Englewood f or CDB G fund s for a Statewide Development Corporation. 2 . That having been submitted to a roll call vote, the Resolution carr ied by the following vote: YE AS; Close, Coleman, Casson, Holthaus, Kaufman, Mau s olf, N a l , Owen s , Pe ndle ton, Tomooka AY S : none ABSENT AND NO T VOTING: Maxwell ABSTE NTIO NS : n on e ADOPTED AND AP PROVE D THIS --"'1.;;:;1 __ day of January r. Col man mov d , cond d by aid to th d velopm nt of the Engl with fin nci 1 , moral , and facility suppo r t s rvicea for th th n w .ngl wood Chamb r o Comme r c • Discu ion follow d. • 1984. n , the the Chamb r of Comm rce initial stag s of n not d that a v cu um has ovtng out of th a r a. d to let up a ta1k o r e s of Fn 1 od , a v ral co ed wi th t h C nt nnial Cha•b r C ntenn ial Cha h r o! Com- l p ci!ic int r It and uld b quat • 1 n tativ 1 did no hfnk tha • I • ( Page Three Minutes January 11 1984 • • • Originally , the Littleton and Englewood Chambers of Commerce were merged to offse t the momentum along the I-25 corridor. There is now a need to anticipate the requirements of the new downtown redevelopment of Englewood and with that a strong leadership role in the community needs to be developed. Mr. George Allen noted that the business and professional organizations historically have not been successful in Englewood. He felt that a national identity of the Chamber of Commerce would be helpful for this community leadership role. He also indicated that it would be in his inte rest to retain memberships in both a new Englewood Chamber of Commerce as well as the existing Centennial Chamber of Commerce. Several concern s were noted. How much would it cost for the Englewood Chamber of Commerce to function? Would memberships be drawn from an area lar er than Eng lE!"ood? Who will work at the Chamber? What will the fee structure be? Th question was called. Roll call vote: Close , yes; Col man, yes; Casson, no; Holthaus, yes ; Kaufman, abstain; Mausolf. y s; Maxw 11, absent; ~eal, no; Owens, absent; Pendleton, no; Tomooka, yes. Th otion wa passed; 5 for ; 3 against; 2 absent; 1 abstention . Cl an U Th Executiv Committe pr sented th propos 1 for the ~up n approximately thre quare block r a for a 6 month p riod. Durin this tim r chants could d t nnine if this is the kind of s rvice that they would like and EDDA could det rmin wheth r or not thi s rvic s hould b xtend d. Mr. Neal mov d, second d y r Tomooka, to contract to hav th a id w lka and entry waya cl n d for a atx 1110nth p riod for a coat of 2400. Tb ftO ton waa pass d unanimously by voice vot . OTI!ER-.r. Kaur n comm nt don th incr aina va rancy probl rna on South Bro dway. Th Chail"lll4n instruct d th Ex cutiv Dir ctor to notify th prop r ci y uthoriti a of thia probl ~and r port b ck to th Board. Th r b tna no furth r buain 11, th tin w a adjourn d a 1: 5 P~. • ) I • - ( January 26, 1984 TO: FROM: Mayor Otis Beverly J. Bradshaw, James L.Higday, Jr., Bob Boardman, School Austin Gomes, School Members of Parks and • • • 5 G SUBJECT: Joint Appointment to the Commission Please be advised that the above named representatives of the School Board and the Englewood City Council, also present members of the Parks and Recreation Commission, have met and decided to reappoint Jack Poole to the Parks and Recreation Commission. The appointment is for a period of four years and will expire February 1, 1988. pc cc: Jack Poole, Parks and Recreation Commission Andy McCown, City Manager Packy Rom ns, Director, P rks and Recreation D p rtment • D I . • • • • ORDINANCE 00. j BY Al1I'HORITY SERIES CF 198'""4 __ _ ? A ccmciL BILL 00. 1 INTROOOCEo BY <llUtCIL MEMBER NEAL AN ORDINANCE APPROVING AN AGRED!mr WITH '1HE CITY <F SHERIDAN, PROVIDING FOR Mlm.IAL AID FOR FIRE PROTEX:TION FOR BOTH ENI'ITIES. WHEREAS, assistance fran other fire protection agencies provides a higher level of protection for the City of Englewood; ~' THEREFORE, BE IT ORD1\INID BY THE CITY c:llUtCIL FOR THE CITY CF D«>LD«X>>, <X>LDRAOO: Section l. '!hat an agreement entitled "l'tltual Aid Agreement" is hereby approved by the City Council. Said agreement provides as follows: THIS AGREDUNr, made by and between the SiERIDAN FIRE DEPAR'IMmr, hereinafter called "Sheridan", and the F.K;L~ FIRE DEPARTMmr, hereinafter called "Englewood," WITNESSETH THAT WHEREAS, Sheridan is a IIU'licipal corporation organized and existing pursuant to Articl XX, Section 6, of the Colorado Constitution; its territorial jurisdiction r lly is the legal boundaries of the City of Shedd n , Colorado; nd WHEREAS, Englewood is a 111.1nicipal corpor•tion organized and existing pursu nt to Article XX of the Colorado Constitution , ita Olarter, and Ordinances; its terri tonal jurisdiction generally is the legal boundaries of th City of Englewood, Colorado; and WHEREAS, ch of the parti" r to tntatna y t; and • • • • - 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 ~rpose of fighting fires or responding to other energencies; ~. 'll!EREFORE, IT IS Mt1IUAU.Y AGREID by and between the parties as follows: I • Mt1IUAL AID l. For and in consideration of the pranises of Sheridan, hereinafter set forth, Englewood agrees with Sheridan that in the event there are energencies in the territory served by Sheridan lotlich are beyond the control of the fire department of Sheridan, lotlether because of their equipnent at other places or because of the intensity of the anergency, or otherwise, Englewood agrees, subject to the limitation hereinafter set forth, to aid and assist Sheridan by atusing and permitting its fire department and its equipnent to be used in responding to anergencies in the territorial area of Sheridan, and the need for such aid and ass i stance shall be determined by the fire department of Sheridan; subject, however, to the following limitations: Englewood shall be excused fran making its equipnent and services available to Sheridan in the event of the need of the anergency equipment and the manpower within the territorial area of Englewood, or their prior use at any place, W'lich decision of availability shall be made by the fire department of Englewood, and which decision shall be conclusive. 2. For and in consideration of the pranises of Englewood, hereinafter set forth, Sheridan agrees with Englewood that in the event there are fires or other anergencies in the territory served by Englewood W'l ich ar yond the control of the Fire Department of Englewood, \ohether because of use of their equipnent at other places or becau of the intensity of the gency, or otherwise, Sheridan agr , subject to the limita- tion her inafter set forth, to aid and assist Englewood by atusing and mitting Sheridan Fir Department and equipment to be used in r ponding to r enci in the territorial of lnglewood, and for 8UCh aid shall mined by the to the following 2 • I • • - • • • • 3. '1be 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 the other party, except that in the event of equi~t damage by reason of the action of the Employees of the other party, the liability and loss shall be determined an the basis of the fault or negligence of any anployee. If the anployee is determined to be at fault or negligent, the party employing that anployee shall be liable for the loss. 4. Each party shall be expected to maintain its equipnent and organize its anergency response method with both ~r and equipnent to the degree necessary to cope with the ordinary and routine anergencies arising within its boundaries and for which the party is organized. Neither party shall expect the other to respond to anergency calls 11ilere the anergency arises due to a failure to organize available manpower or maintain equipnent 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. CJI'HER PRJVISIOOS 1. Either party hereto may terminate this contract without cause upon thirty (30) days' prior written notice to the other. IN WITNESS WHERmF, the parties hereto have executed this Agreement th i s _ day of , 1984. SHERIDAN F I RE DEPA1m1!Nr ~--~~~----------------Mayor ~--~~~~~~~~-------Fire oammlasloner Fir d'iief 3 DQ.EJ«XX) FIRE DEPA1m1!Nr Attest: Gary R. Higbee , ex officio City Clerk-Tr aurer • I • • • • • • APPROVED AS 'ID FORM: By -=J-am-IE!S--:-::M-. -:s=-r-anan-- Fire Cl!ief City Attorney 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 ~lewood. Section 3. All previous agreanents relating to IIJ.Itual aid with the City of Sheridan are hereby revoked. ed Introduced, read in full, and passed oo first reading the 16th day of January, 1984. Published as a Bill for an Ordinance oo the 18th day of January, 1984. Read by title and passed on final reading oo the 6th day of February, 1984. Published by title as Ordinance No. ___ , Series of 1984, oo the ~ day of February , 1984. Attest: Eugene L. Otls, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Cl rk-Tr surer of the City of f))glewood, Colorado , hereby certify that the abov and foregoing is a true, accur te and oauplete copy of th Ordina passed oo final reading and PJblished by title Ordinance No._, Seri of 1984. Gary R. Higbee • • • ORDINAOCE 00. t.\ SERIES CF 198'""'4---'-- • • • BY Al1I'HORITY COUNCIL BILL 00. 2 Im'ROOOCED BY CXlUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVI!«i AN AGRED1mr WITH 'mE CASTLEJ«X)) FIRE PROT~IOO DisrRICT, PROVIDI!«i FOR MlmJAL AID FOR FIRE PROT~IOO FOR BOTH Dn'ITIES. WHEREAS, assistance fran other fire protection agencies provides a higher level of protection for the City of Englewood; tDW, 'IliEREFORE, BE IT ORDAINED BY 'mE CITY CXlUNCIL FOR 'mE CITY CF EH:ir.floiOOD, <X>LORADO: Section 1. 'nlat an agreement entitled "Plltual Aid Agreement" is hereby approved by the City Council. Said agreement provides as follows: MVruAL AID l\GRED1mr 'IliiS l\GRED1mr, made by and between the CASTLEJ«X>o FIRE P~IOO DISTRICT , hereinafter called "castlewood," and the tHitfloiOOD FIRE DEPAR'IMDlr, hereinafter called "Englewood," WITNESSETH 'mAT WHEREAS, castlewood is a fire protection district organized and existing under Part 3 , Chapter 32 , of the Colorado Revised Statutes; nd WHEREAS, Englewood is a IIU'Iicipal corporation organized and existing purau nt to Articl XX of th Colorado Constitution, its 0\art , and Ordinance.; ita territorial juriadiction generally is the legal bound ri of the City of Clgl wood, Colorado; and parti• reto 1• raay 1 i n 7 B • • • • • - 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, 'lliEREFORE, IT IS MUI'UALLY .AGREID by and between the parties as follows: I • MlmJAL AID l. For and in consideration of the pranises of Castlewood, hereinafter set forth, Englewood agrees with castlewood that in the event there are snergencies in the territory served by Castlewood which are beyond the control of the fire department of Castlewood, whether because of their equipment at other places or because of the intensity of the snergency, 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 equipment to be used in responding to snergencies 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 limita tions: Englewood shall be excused fr an malting its equipment and services available to Castlewood in the event of the need of the emergency equipment and the manpower with i n 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 in consideration of the pranises of Englewood, reinafter set forth, Castlewood agr with Englewood that in the event there ar fires or other anerg ncies in the territory rved by Englewood which are yond the control of the Fire rtment of Englewood, whether use of use of their equipnent t other pla or bee u of the intensity of the rgency , or otherwi , Ca tlewood agr , subject to th limit - tion reinafter t forth, to aid and sist Englewood by aJU ing and permitting Castl Fire rtment and equipnent to be in r ponding to rgenci• in rritorial rea of Englewood, !or IUCh ic! 11 rmined by 1 r, to the foll ng 2 • -• • . . • 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 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 detecnined on the basis of the fault or negligence of any employee . If the employee is detecnined 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 anergency response method with both manpower and equipnent 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 ..tlere the emergency arises due to a failure to organize available manpower or maintain equipment in ~oper working order and in sufficient quantity to meet the respective demands of the persons and property within each of the party's respective j urisdictions. II. OTHER PROVISIONS l. Either party hereto may tecninate this contract without cause ~ thirty (30) days' prior written not i ce to the other. IN WITNESS WHERfX)F, the parties hereto have executed this Agreement this ___ day of , 1984. ~f.WOOO FIRE PR>TfX:Tia.J DISTRICT ~--~~T-~~~=--r----President of the Board At t: Attest: retary of €he Board Gary R. Higbee, officio City Clerk-Tr au~ t 9y -~J===-aH-.,Bc~~==~---- Pire 0\1 ! 3 • 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 on first reading oo the 16th day of January, 1984. Published as a Bill for an Ordinance on the 18th day of January, 1984. Read by title and passed oo final reading on the 6th day of February, 1984. Published by title as Ordinance No. ___ , Series of 1984, oo the 8th day of February, 1984. Attest: Eugene L. Otis, Mlllyor ex officio C1ty Clerk-Treasurer I, Gary R. Hig , ex officio City Clerk-TYeasurer of the City of Englewood, Colorado, reby certify that the above and foregoing is a true, accura and CXJ~i'lete copy of the Ordinance pused oo final reading and published by title Ordinance No. , ri• of 1984. -- Gary R. Hi(jbiMt I . • • - / BY AlmiORITY 7 c ORDINAOCE 00. s SERIES OF 198.-:-4---CXXJNCIL BILL 00. 3 INTRODUCED BY ClXJNCIL MEMBER NEAL AN ORDINMCE APPROVING AN AGREEMFNr WITH THE BANCROFT FIRE PROTECI'IOO DISfRICT, PROVIDit-li FOR MtmJAL AID FOR FIRE PROTECI'IOO FOR BOTH ml'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 CXXJNCIL FOR THE CITY OF ENGLMXXJ, <DLORADO: Section 1. That an agreement entitled "Mutual Aid Agreement" is hereby approved by the City Council. Said agreement provides as follows: THIS AGRE9UNr, ma;)e by and between the BANCROFT FIRE PR)TECI'IOO DISTRICT , hereinafter called "Bancroft," and the ENGLa«xJD FIRE DEPAim'I!Nl', hereinafter called "&'lglewood," WITNESSETH THAT WHEREAS, Bancroft is a fire protection district organized and existing ~r Part 3 , Olapter 32 , of the Colorado Revised Statutes and its rritorial j ur isdiction generally is the southeastern corner of J fferson County, Colorado , excluding that territory within th jurisdiction of the Littleton Fire Protection District; and WHEREAS, &'lgl is a IIU\icipal corpor tion org nized and xisting pursu nt to Article XX of the Colorado COnstitution, its Olart r, end Ord1na ita rri or 1 1 Jur ad ction rally • L al boundanes of Ci y o Engl , Colorado; nd nta ns rgency • • • • - 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; NCM, 'IHEREFORE, IT IS MU'ruALLY AGREED by and between the parties as follows: I • MU'ruAL AID 1. For and in consideration of the promises of Bancroft, hereinafter set forth, Englewood agrees with Bancroft that in the event there are emergencies in the territory 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 from malting its equi~t and services available to Bancroft in the event of the need of the emergency equi~t and the manpower within the territorial area of Englewood, or their prior use at any place, lobich decision of availability shall be made by the fire department of Englewood, and which decision shall conclusive. 2. of Englewood • -• • • 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 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 on the basis of the fault or negligence of any anployee. 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 equipment and organize its emergency 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 j urisdictions. II. arHER PRJVISI~ 1. Ei ther party hereto may terminate this contract wi thout cause upon thirty (30) days' prior written notice to the other. IN WITNESS WHEREOF, the parties hereto have executed th i s Agrea~~ent th is ___ day of , 1983. ~--~~~~~~-=~~~--President o f the Board Attest: TO A 3 ~~--~~~~----&lgene L. oti s, Hayor Attest: Gary R. Hig&;e, ex officio C1ty Cl rk-Treasur r • • • -• • • Section 2. The City Council of the City of Englewood hereby au~~orizes 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. Read by title and passed oo final reading oo the 6th day of February, 1984. Published by title as Ordinance No. ___ , Series of 1984, on the 8th day of February, 1984. ~ L. Otls, Mayor Attest: ex officio Cl.ty ci rk-Treasurer I , Gary R. Hig , ex officio City Clerk-Treasurer of the City of Englewood, Colorado, reby certify that the above and foregoing is a true, accura and OCBp1ete oopy of the Ordinance pused on final reading and publi•hed by title as Ordinance No. , Series of 1984. --- Gary R. Hi9liM • • OROINAOCE 00. 0 SERIES OF 198 . ...,.4~-- • • • BY AUTHORITY COUNCIL BILL 00. 4 Ilfl'ROOOCED BY axJICIL tm1BER SILO AN ORDINAOCE APPROVII<li AN AGRE91mr TITLED "JOI!fl' RtX:REATIOO AGREEMENT" PROVIDII<li FOR lXlARID USE C£ 'mE FN>LDiOOD HIGH OCHOOL SWI!ofotit«i POOL. 7 i) ' WHEREAS, p.1rsuant 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 OODAINID BY THE CITY axJICIL CF 'mE CITY CF FN>LD«X>>, a>LORAOO, AS FC>LLCMS: Section 1. There is hereby approved an agreement titled "Joint Recreation .llgreement," lotlich reads as follows: JOI!fl' RECREATIOO AGRED1DIT 'IHIS AGREEMml', made and executed this day of ---.-....--~---' 1984, by and between the CITY C£ FN>LD«X>>, a mun1c1pal corporation organized and existing p.1rsuant to the provisions of Article XX of the Constitution of the State of COlorado, hereinafter celled "City", and ~ DISTRICT • l, CXXJNTY CF ARAPNIOE, <l>LORAOO, a qu si-municipal corporation, reinaft r called ·~ietrict", WITNESSE'nl REAS, both rti reto gr nt a.~thority, by r son of the provtsions of Color o 1 Statutes, to ooopera toge r 1n conduct of p.1blic recreat1on .ye in way in lotlich y y r ; and • • -• • - WHEREAS, an indoor swimning 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 llnpz:ove- 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; lolJW, 'lliEREFORE, in consideration of the l'!lltual covenants and obligations herein contained, it is mutually covenanted and agreed as follows: l. '1lle 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 swimning facilities for the students of the District and to provide swimning facilities for the pub lic a t l a rge according to the terms hereof. 2. a . '1lle Ci t y Distr ict shall , ei er and the SUperintendent of the r sonally or through their designee, from time to t and facllit ~ t · or times when said pool, bu ild ing ava1lable for student use and the time or :al ava1lable for public use, prov ided, ve the prior right to use of the r poses. '1lle City shall have the ur 1ng th days and hours loilen the using the pool for thei r pur 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 time 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: C1ty 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 swimning pool from 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, chemicals and maintenance materials of electrical/mechanical equipment, the SID of lotlich exceeds $2,000 per item, the City shall first notified and the parties shall negotiat in good faith for the joint payment thereof. b. Capital 1 'nle City shall not be responsible for discretionary non-essenti 1 pit 1 Lmptovements, not required for the safe operation of the sw 1ng pool. 'Ibe City shall for ooe-half (l/2) of th costs of capital expenditur nec:e.1.ary for the fe ration of the swimning pool. to aJCh capi al xpenditur and repairs, the MD of $2,000 per it , tM City shall notified and the parti tiat n good faith for joint yment. eon:met:~Ce formal l 3 • • • • and to pay sud! praniums therefor as may, fran time to time, be agreed upon. In the absence of such agreement, the matter shall be sul::mitted for final determination to the ccmnittee 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 (lotlether specifically covered by the terms and provisions hereof or not) , it is agreed that any sud! dispute shall be sul::mitted, for a final and binding determination, to a ccmnittee canposed of three mstilers, one mstiler of lobidl shall be dlosen by eadl of the parties, with the third mstiler being selected by the two party-dlosen mstilers. Any decision upon any sud! dispute shall be by majority vote and shall have the same effect as an arbitration award under the laws of the State of Colorado. 8. 'lbis Agreement shall extend, and be binding upon, any and all successors or assigns of the parties hereto. 9. 'lbe term of this Agreement shall be fran SeptE!I!ber 1, 1983 to January 1, 1985. At all other tUne& the Agreement of June 27, 1966 shall be effective. Any terms of said June 1966 agreement not amended hereby shall rena in in full force and effect. WITNESS our hands and seals the day and year first above written. Attest: 9:000£. DI STRicr tl>. 1 ARAPAHOE CXXJNTY, OX.ORAOO By Secretary, Board of fl:3ucation President, Board of fl:3uca t ion CITY a! OG:.EWOOO, OX.ORAOO Attest: X o£f{c{o City Clerk-Tr 'nlat the City Council of the City of Dlg lewood r by the yor and officio City Clerk-Tr surer to aign and f o r and <r1 half of th City Col.n::il o the City of • I • I • • • • Introduced, read in full, and passed on first reading on the 16th day of January, 1984. Published as a Bill for an Ordinance on the 18th day of January, 1984. Read by title and passed oo final reading on the 6th day of February, 1984. Published by title as Ordinance No. ___ , Series of 1984, on the 8th day of February, 1984. Eugene L. ot1s, Mayor Attest: ex officio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the Ordinance passed oo final reading and published by title as Ordinance No. , Series of 1984. --- Gary R. Higbee • • • • - BY AUTHORITY ORDINANCE NO. SERIES <F 198"""4 __ _ A BILL FOR OXJNCIL BILL 00. 5 INTroDUCED ~NCIL MEMBER ( AN ORDINANCE PERTAIN!~ TO 'lliE EllFOIC»>EN''' <F All'l'OMOOILE tMISSIONS <XlNTROL DEVICE INSPEX:'l'ION PROGRAM. WHEREAS, the City of Englewood has observed the large nl:ll'ber of motor vehicles lotlich, contrary to State Emissions Law, are not properly inspected and do not display proper certification of emissions control, lotlich has an adverse impact upon the health, safety, and peace of the citizens of this City; OOW, 'lliEREFORE, BE IT ORDAINID BY 'lllE CITY <DUtCIL <F 'lliE CITY <F FKiLD«X>>, ())LORADO, AS FC>LI.CMS: Section 1. Title Xrv, Chapter 2, Section 8, Englewood MUnic ipal Code '69, is hereby amended to read as follows: 14-2-8: EM ISS IONS FROM GASOLI NE-POWERID ENGINES No pel'lleR t!MU eiMe ~R OR OPERATOR CF ANY VEHICLE SHAlL CAUSE OR PERMIT TO BE EMITTID fran any gasoline-powered engine any visible air contaminate(s). Such emissions that are a direct result of cold-engine start-up shall be exempt. 14-2-8.1: WFORCEMDn' <F AlJT()M(EILE EMISSIONS <X>NTROL DEVICE INSPEX:'l'ION MID REN>JllS'l't1mr PR>GRAH (a) IT IS I.NLAl*'lL FOR ANY PERSal 'ro DRIVE, STOP, PARK, OR FOR 'lliE OR PERSQI IN OWIGE at ANY Vll!ICLE TO CAUSE OR IIG.Y PERMIT TO STOPP OR PARIQD ANY STREET OR Hl~Y WI'nilN 'l1i ANY VEHICLE WHIOi IS 1 'l1i (X)[.()IW)O TO BE I P!X:T PURSUANT TO 'nl 1 REAO:JlJSno\FHJ' PKlGRAH, ESTABLISHED RS 42-4-30 • 5 42-4-316 COtOAAOO REV1 A'l"lMT.S INSI~riD AUTHORIZ 1 lTI • - , , • • - VDHCLE, 9iALL CX>NSTITUTE PRIMA FACIE PNIDDCE 'mAT THE DEFENDANT ~ THE PERSOO WlD DROVE, PARKED, Sl'OPPID 00 KNai- I~LY PERHITTID 'ro BE IEI'Im, Sl'OPPID OR PARKED, StXlf UNATTEN:>ID VDHCLE AT THE PLACE WHERE AND FOR THE TIME ~UOf StXlf VIOLATION ocx:tJRRED. Section 2. Section (a) of Title XIV, Chapter 1, Section 1 is amended to 5k3 subsection (5) to read as follows: (5) Section 19-7 of Article XIX, is Deleted. Introduced, read in full, and passed on first reading on the 6th day of February, 1984. Published as a Bill for an Ordinance on the 8th day of February, 1984. ~ L. Otls, Mayor Attest: ex officio City Clerk-Treasurer I, Gary R. Hi , ex officio City Clerk-Treasurer of the City of Dlglewood, Colorado, reby certify that the above and foregoing is a true, accurate and OCIIIplete copy of a Bill for an Ordinance, introduced, read in full, and pa.ued on first reading on the 6th day of bruary, 1984. Gary R. H[cJbie • • • • BY AUTHORITY ORDINANCE 00. SERIES OF 198:..,.4--- A BILL FOR OXJNCIL BILL 00. 5 INTlaXJCED'i'i~ <XlUNCIL MEMBER J.o AN ORDINANCE PERTAINING 'ID 'lliE Em'OOCEMEm' OF AU'l'OMOOILE a-tiSSIONS CONTROL DEVICE INSPOCTION PROGRAM. WHEREAS, the City of Englewood has observed the large mnber of motor vehicles which, contrary to State Emissions Law, are not properly inspected and do not display proper certification of emissions control, which has an adverse impact upon the health, safety, and peace of the citizens of this City; OOW, 'lliEREFORE, BE IT ORDAINED BY 'lliE CITY <XlUNCIL OF 'lliE CITY OF mGLDKOD, ())LORADO, AS FOLLOWS: Section 1. Title Xrv, Chapter 2, Section 8, Englewood Municipal Code '69, is hereby emended to read as follows: 14-2-8: EMISSIONS no1 GASOLINE-POWERID mGINES No fiMIMtl t!INU _.e ()oH;R OR OPERATOR OF 'ANY VDUCLE g{AL[. CAUSE OR PERMIT 'ID BE EMITTID fran any gasoline-powered engine any visible air contaminate (s) • Such emissions that are a direct result of cold-engine start-up shall be exempt. 14-2-8.1: Em'OIC&I!ln' OF Al.Tl'Clf100ILE a-tiSSIOOS CXlNTROL DEVICE INSPOCTIOtol AND REAOJUS'n1DIT ~ (a) IT IS t.l«.MMFlL FOR 'ANY P~ 'ID DRIVE, Sl'OP, PARK, OR FOR 'lliE QmER OR PERSQtol IN OiARGE CE 'ANY VDIICLE 'ID CAlSE OR IOICloiit«::LY PERMIT 'ID BE DRI'Vm, Sl'OPPID OR PARKID Q.l 'ANY STREET OR Hl~Y WI'llilN 'lliE CITY OF DG.D«XJJ 'ANY VDIICLE loMIOi IS I RID tNlER 'lliE LNoiS CE 'lliE STATE CE c:x>LOfW)() 'ID I POCT PURSUANT 'ID 'lliE Al.1l01CEILE INSPOCTI AND REAOJUSTHnn' PR)GIWI, !:STABLISHID PURSUANT 'ID SlX:Tl S 42-4-306.5 TO 42-4-316 COLOlWX> REVl STATUTES LNLESS SUOi VDIICLE HAS BEEN INSJ?tX:T AT AN Al1nl> IZ I 1 STATI HAS ATTAOi P ITt EXPI RTIPICATI S OF TH STAT • - • • • . . • WHCLE, 9iALL a>NSTITUTE PRIMA E\CIE EVID!lCE 'DfAT 'lliE DEFEtiJANT ~ 'lliE PERSOO ~ DROVE, PARIQD, &roPPID 00 !<Naoi- ItliLY PERHITTID 'lU BE t:RIVEN, &roPPID 00 PARIQD 1 SOCH UNATT!K>ID VEHICLE AT 'lliE PLACE WHERE AN:> FOR 'lliE TIME WHICH SOCH VIOLATION OCCURRID. Section 2. section (a) of Title XIV, Olapter 1, Section 1 is amended to add subsection (5) to read as follows: (5) Section 19-7 of Article XIX, is Deleted. Introduced, read in full, and passed on first reading on the 6th day of February, 1984. Published as a Bill for an Ordinance on the 8th day of February, 1984. &lgene L. 0t1s, Mayor Attest: ex officio Clty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, tareby atrtify that the above and foregoing is a true, accurate and OCIIIplete copy of a Bill for an Ordinance, introduced, read in full, and paned on first reading on the 6th day of February, 1984. Gary R. Higbei • • • • • SUPRHIE COURT, STATE OF COLORADO Case :\o. 83 S.-\ 22 APPEAL FRml THE DISTRICT COURT, ARAPAHOE COUNTY ORDER OF COURT THE ODDFELLO~S BUILDING & INVESTMENT COMPANY, a Colorado corporation, Plaintiff-Appellee, vs. THE CITY OF ENGLE~OOD, et al, Defendants -Appellants. 7 Upon consideration of the Motion for Stay of Judgment filed by counsel for Defendant-Appellant, the City of Englewood and Response thereto of Defendant-Appellee and Cross-Appellant, Jerry Lee Feather herein, and now being sufficiently advised in the premises, It Is This Day Ordered that said Motion for Stay of Judgment shall be, and the same hereby is, Denied. cc: BY THE COURT, E~ BA C, J NUARY 12, 1984 Rick DcWi t t City Attorney \'i 11 i m 0. Lamm James E. Heiser C. Charles Buehl r Bla T. Jo rd an Donald L. Dill LA.N, ED~TRO.I & BR Y. f: , P.C. S. Iorri Lubo1, Jim Pet rock Fred rick F nd 1, 8 0 \DH UR T 6 PH ROC . Ri ch. rd L. B n \1 J li. Bu hot : ohn U. tla}'n J mes c. Ruh • • • • • • MEMO TO: Mayor Otis and Members of City Council DATE: January 31, 1984 7 RE: Municipal Court Quarterly Reports Attached you will find a draft of the amendments p roposed on the above ordinance. Rather than proceed on February 6 with this ordinance, I prefer to give an opportunity to al l pa rties 1nvolved to respond to the ordinance. I would expect it to be on the February 21st agenda for first read ing. I hope that all parties come forward prior to this date and express their desires concerning this ordinance to avoid a false start and possible misunderstandings at the 11th hour. /\ ."'~-~~ R~k beW1\£, C1ty A orney bb Attachmen • • - • • ' proposed on uary 6 with o all parties "'Ct it to be '"e and "d a false • • • - CORRECTION TrfE PRECEDING DOCUME.VT OR ELANK FAANTE H,J.S EEE:V RE:WICROF!L'VTE!J TO ASSURE LEGIEIL17Y AND ITS IMAGE APPEARS !MME!JIA TCL Y HEREAFTE.:i. • • • • • •• BY AUTHORITY ORDINANCE NO·~---- SERIES OF 1984 COUNCIL BILL NO. INTRODUCED BY COUNCIL A BILL FOR MEMBER. ______________ _ AN ORDINANCE AMENDING ARTICLE I, CHAPTER 6, SECTION 9, OF THE ENGLEWOOD MUNICIPAL CODE 1969, AS AMENDED, PROVIDING FOR QUARTERLY REPORTS RATHER THAN MONTHLY REPORTS TO THE CITY COUNCIL OF ALL NOTICES AND CITATIONS ISSUED, AMONG OTHER INFORMATION. WHEREAS, Council has received a recommendation of the Englewood Court Advisory Committee; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That Article I, Chapter 6, Section 9, of the EMC of 1969, as amended, is hereby amended to read as follows: 1-6-9: RECORDS OF BUREAU The V~e~ee~efte 8~•••~ COURT ADMINISTRATOR shall keep records and submit summarized Mefteh~y QUARTERLY reports to the City Council of CASES FILED, a~~ ftee~eee afta e~eae~efte ~··~•• afta ••••••• •••• f•• ¥••~·-~•Re ef ehe eeae •• •••~ftafteee ef eh'• -~-YT aRe ef .~~ ehe fines, COURT COSTS AND OTHER MUNICIPAL FUNDS collected, WARRANTS ISSUED, HEARINGS HELD, AND SUCH OTHER AND FURTHER INFORMATION NECESSARY OR REASONABLE IN THE CIRCUMSTANCES. ~y ehe v••~••••ft• &~•••~ aft• ef ehe f~fta~ •~•P••~•••ft •• p•eeeRe ••••~• ef e¥e•y eaae ef ¥••~•e+eR ef he p•e¥+e•efte ef •~•h eeae •• ••a+Raftee~ i~eh ••••••• aha~~ ~ •• ••~ft ea+fte4 •• ee ehew ·~~ eypea ef ¥+e~••••ft• efta ehe ••••~• ef eeeh~ Sai d r ecords s h all be pub lic r ecords. In roduced , r ad in full , and p ssed on firs reading on the ________ day of , 1984 . Publ ehed aa a Bill for an Ordinance on th day of -----' l9U. A Eugene L. Otla , Mayor • ofliclo • I • • • • .. • Mayor Ot~s and Members of City Council DATE: January 31, 1984 RE: Municipal Court Quarterly Reports Attached you will find a draft of the amendments proposed on the above ordinance. Rather than proceed on February 6 with this ordinance, I prefer to give an opportunity to all parties involved to respond to the ordinance. I would expect it to be on the February 21st agenda for first reading. I hope that all parties come forward prior to this date and express their desires concerning this ordinance to avoid a false start and possible misunderstandings at the 11th hour. ~ :·~~~ R~k DeW~\£. c~ty Attorney bb Attachment • I . ORDINANCE NO.~---- SERIES OF 1984 • • - BY AUTHORITY A BILL FOR COUNCIL BILL NO. INTRODUCED BY COUNCIL MEMBER ______________ _ AN ORDINANCE AMENDING ARTICLE I, CHAPTER 6, SECTION 9, OF THE ENGLEWOOD MUNICIPAL CODE 1969, AS AMENDED, PROVIDING FOR QUARTERLY REPORTS RATHER THAN MONTHLY REPORTS TO THE CITY COUNCIL OF ALL NOTICES AND CITATIONS ISSUED, AMONG OTHER INFORMATION. WHEREAS, Council has received a recommendation of the Englewood Court Advisory Committee; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That Article I, Chapter 6, Section 9, of the EMC of 1969, as amended, is hereby amended to read as follows: 1-6-9: RECORDS OF BUREAU The V~elae~efts B¥•ea~ COURT ADMINISTRATOR shall keep records and submit summarized Meftehly QUARTERLY reports to the City Council of CASES FILED, all fteeieee aft~ eieae~efts iaawe~ aft~ a•••••• ••4e f•• Y~elaeiefts ef ehe ee~e •• ••~~ftafteea ef eh~s ~~•YT aft~ ef all ehe fines, COURT COSTS AND OTHER MUNICIPAL FUNDS collected, WARRANTS ISSUED, HEARINGS HELD, AND SUCH OTHER AND FURTHER INFORMATION NECESSARY OR REASONABLE IN THE C IRCUMSTAN CES. •Y ehe Vielaeiefts B¥•eaw aft• ef ehe fiftel •iapeateteft •• p•eaeft• ••aewa ef eYe•y ease ef Ytelaeieft • he p•eYia~efta ef sweh •••• •• •••ifta&ee~ i¥eh ••••••• shall ._ •• aetft- eeifte• aa •• shew ell eypea ef Y•ela iefta aft• ehe •• ala ef eaeh~ Said recor d s shall be public r co r ds . Introduced , read in full, and passed on first re ding on the ____ day of , 1984. Publish d as a ill for an Ord nanc on th ___ , 1984. ex officio city Clerk-Tr • day of I • • • • • MEMO TO: Mayor Otis and Members of City Council FROM: Rick DeWitt, City Attorney DATE: January 23, 1984 RE: Public Service Cogeneration Opinion Attached is the op1n1on from the Public Utilities Commission after reconsideration of various issues raised by sorne of the parties. It is essentially the sarne opinion that has been transmitted to you before. It has no adverse effects on the City and reinforces the previous good de · 'on for the City. bb Attach n I • • • • • (Decision No. C84-67) BEFORE THE PUBLIC UTILITIES CO!fo1ISS IDN OF THE STATE OF COLORADO * RE : INVESTIGATION AND SUSPENSION OF TARIFF SHEETS ACCOMPANYING ADVICE LETTER NO . 871 -ELECTRIC, FILED BY PUBLIC SERVICE COMPANY OF COLORADO FOR REVIS IO N OF COLORADO P.U.C. NO . 6 -ELECTRIC . RE : INVESTIGATION AND SUSPENSION OF THE TARIFF SHEETS ACCOMPANYING ADVICE LETTER NO . 63, FILED BY HOME LIGHT AND POWER COMPANY FOR REVISION OF TARIFF COLORADO P.U.C. NO . 10. * * INVESTIGATION AllO SUSPENSIOil DOCKET NO. 1603 INVESTIGATION AND SUSPENSION DOCKET NO. 1604 CCM1ISSION I NITIAL ORDER AND DE CISIO N January 17, 1984 STATEMENT BY THE CD*ISSION : On December 10, 1982, Public Service COIIPany of Colorado (Public Service) filed with the COI'IIIfssfon Its Advice Letter No . 871-Electrfc, dated December 10, 1982, acconopanfed by several tariff sheets. Also on Deceoober 10, 1982, Home Ltg~t and Power C011pany (HOllie Light), a ~olly owned subs idia ry of Public Service, filed Its Advice Le t er No. 63, with several tariff s~eets. The purpose for the above ffl fn~s by Public Service and Hoee Li ght wu to c011ply with this C~fss fo n s order I n Decis ion No. C82- 1438, Issued Septeoober 14, 1982, reQUiring thlt rules and regulations, IS well IS rate fo.-.ulae, be ut for th In each utility's tariffs pertaining to 511111 power production and cogeneration. By C<B~fssfon orden dated January 4, 1983, the tariff ffl fn gs of Publi c Service and ltc.e Light •re suspended, the cues c nsol fd a ted on 1 joint record for purposes of hearing, and tiM consolidated .. tters set for hearing. Hear ings were held on April 25, 26 and 29, 1983 before Hetrlngs Ex•IMr Ar ur G. Stall•. Ffntl briefs ... ,.. ubllltted on lily 13, 1983, tnd he subject .. tter was t1 tn uftder tdvh-nt . Oft v-.r 3, 1983, Hetl'fngs ha fMr Arthur G. Still• Issued aec:•••od'H DKisfon • lt83-1 01, wrefn art awolded cost Mtllodology besed po11 use of tsctlated , I costs along with the cos s uso- chttd w1 ''"'"" II, to frtelu 1 c nt for trtnUihslort fr ' II to Dt11 er, wu tltlblh y Ex frtt.-, t10f19 wf auo- cfattd t rs pertaf~lf19 o c I ty ft or, fhtd c l'"9'd ratt, lfrtt loss consleltrt fo", ltllftll of contrtct, '" rty ,.,._,.tJ, sf lte-s ults, 11119 .., u, Ca t ry • 2 • trs, pere f119 eire tances clnst, and sfa of ,.,_Ms . • . : . i ' ·' I " I • • • • • On November 23, 1983, Staff of the Conrnission (Staff) filed exceptions to Reconrnended Decision No. R83-1701. Therein, Staff excepts to Findings of Fact No. 14 and ordering paragraph 3 deal ing with length of contracts, findings of Fact 20 and 21 and ordering paragraph 8, and the failure to provide that a qualifying facility has the option to elect to take service at a different category. Staff also states that a final order in this proceeding should specify rates, which were omitted in the reconrnended decision, and the evidence of record establishes that the avo! ded cost rate here! n should be Sl8/kwh/month for capacity and 1. 71 t l kwh for energy. Energenics Systems, Inc. filed exceptions to Rec011111ended Deci- sion No. R83-1701 on November 23, 1983. Energenics contends that the Examiner erroneously reconnended that the capacity costs of Pawnee II, inclusive of the capacity costs of certain cannon elements of Pawnee I, are not the proper costs on which to base capacity payments to qualifying facilities (QFs). Energenics contends that the next planned capacity addition in the Public Service resource plan after Pawnee II Is the appropriate prozy for the purchased power capacity costs that Public Service can actually avoid because Public Service is c00111itted to build- Ing Pa wne e II, and thus, cannot avoid such costs. Energenics also excepts to the order in Recommended Decision No. R83-1701, which orders Public Service to unilaterally disaggregate the total Pawnee I COIIIIIOn element costs because such disaggregation will not be subject to scrutiny or cross-exaMinat ion by Intervenors unless Inter- venors file separate COIIplaint proceedings. Energenics also states that PSCo 's reduction in the fixed charge rate to calculate its hypothetical unit 's capacity costs is an atteMpt to utilize historic costs of capital, rather than the Marginal costs of capital associated with future resource additions. Energenfcs accordingly states that the Cononission should reject the new lower fixed charge and adopt PSCo's previous fixed charge rate as reflecting its Marginal capital costs rather than historic costs. Energenfcs also argues, in its exceptions, that proper monthly capacity factor entitling a QF to full capacity pl)'lllent should be 601; rather than 701; as rec0111:1ended by the Exa11f ner. Energenf cs further states that the Exa lner 's rec-ndatfon that QFs uecutlng power pur- chue contracts of less than ten years duration receive no capacity credit should be rejected by the COIIII!ission . Entrgenlcs finally excepts to he Eu fner's finding of facts paragrap s 19 through 21 and recOOI- IIItndtd order perta i ning to PSCo 's proposal that ft be allowed to fnter- rup con rected for QF purchaus at any ti PSCo believes It cen pur- chase c eaper electricity froa others. Energenlcs states that this procedure is no co nslsten 1 CFR Sec. 292.303(f) or with Co.is- slo Cog ntra ton Rule 3. 01. Energen tc s stattS that the C01111fssfon s ou 1 d chrffy ~Is aa er o ICCOI!Ipl s~ he stated purpose of the above FERC rule . • I • • • • • o'de' should ~e cl adfied so as to exp,essly -.qui'e that the 70'1: monthly average capac! ty factor be applied through twelve sepa,ate monthly cal- culations each year, as opposed to a single average calculation of the capacity factors achieve1 by a QF ove' a twelve month period. Aspen and Pitkin, by their exceptions, also state that PSCo and Home Light ue required by the 'ecommended decision to file a wheeling rate in their tariffs for sma 11 powe' produce's . Aspen and Pitkin request that the Commission p'ovide oppo rtunity to take exception to whatever wheeling tadffs are filed. Aspen and Pitkin also state that the recommended decision should be modified to specify a methodology for determining the wheel i ng rates, such as a methodology based on cost plus reasonable 'eturn. Aspen and PIU:in finally contend that the Examiner should have required PSCo to provide in their tar1ffs credits for line loss savings resulting from the purchase of power f'om QFs. Public Suvlce Company f11ed exceptions to Rec011111ended Decision No. R83-1701 on Hovotnber 23, 1983. By these uceptions , Public Service contends: 1. The •lni-QF contract period should be thirty yea-. rather than fifteen as recoonended by the Exa111lner. 2. With the use of a thirty year m'inlmum contNct period, the Inclusion of a proxy fo' the cost of fln11 purchued power over that period would be appropriate . 3. To protect PSCo against the payment of higher than avoided costs, PSCo should be assured that QFs will ope-.te for thirty years. The COIII!Iis- slon should therefore require QF performance bonds or letters of credit. 4. For PSCo 's capacity payments to reflect Its avo! ded costs, full QF capacity payments should be 101de only to those OFs entering 1 thl,ty-yen contract or longer with the full paywnt being discounted 2·1/n for each yen by which the contract te,.. h less than thirty years down to en yu-.. S. On the foregoing buts, and with PSCo 's physical control over OFs, PSCo does not object to cOIIbln- lng Its c ategories 3 and 4. 6. If Cnegory 2 Of's !those ranging In she 5 kw o 500 twl dtslrt' to ass .. the burdens l particu· larly •ttri g) applicable to larger facilities, 'SCo agrHs hat Ca egory 2 QFs MY sill ft to Category l and rtctht paywnt accordingly . In t alterutht, lssion MY IIOdffy capacity PIJMnt rec nded by the balner to Category 2 Of's with a !flea ton thereto to e I full CIPICity fllywnt for CIPICity of no rt than lit Mxf-capa~fty of lit , 'SCo swt sts 11 an addftf I altarnatf e to the roregol"t • the t olou su sted by It bt tllfltlnutd , ·3· ' • • -• • • 7. QFs should be requl red to have a capacity factor above Public Service's since they are free of system operating conditions. 8. PSCo ' s proposed that full capacIty paynoents to QFs be payable only 1f QFs achieve, on a monthly basis, a 75\ capacity factor during the on-peak and shoulder hours of the day and a 90S capac! ty factor during the on-peak hours alone. The rec011111ended capacity factor of 70S Is erroneous and the Conn1ss1on should adopt PSCo 's original proposal or an 80S monthly capacity factor requlretnent for all on-peak and shoulder hours . 9. The rec~nded decision Improperly required PSCo to file wheeling rates. 10. A utility purchasing froM 1 QF MUSt pay capacity and energy only when such purchase results In capacity and /or energy avo i dance . PSCo Intends to Include In Its reflled tariff 1 prov i sion for a mora tori on QF capac! ty and energy purchases In the event that such purchases would not avoid either capacity or energy . 11. PSCo 's general tel"'ll In Tariff Shnt 16A, 178, which would excuse It frooo Its obligation to purchase In clrc..nstances contemplated by Ca.ols- slon Rule 3. 701, was Improperly rejected by the Exa•lner. 12. Paragraphs 22, 23 and 24 of the fl ndl ngs of fact port i on of Rec~nded Decision No . R83-l701 should be reversed In thlt PSCo I s entitled to 1 thlely recovery of payments Nde for QF purchases. On December 5, 1983, PSCo filed response to the exceptions of Staff, Aspen and Pitk in, and Energen lc s . Energenlcs filed response to the excepti ons of Pub lic Service C01101ny on Decaber 5, 1983 . PS Co , by I ts response to Suff 's except ion s, statts : 1. PSCo ' s pproac t o payIng capa c I t.Y und er 1 •I •1- -nlr y-year con tract Is a pprop r i ate, 1l e Staff's appr c bears rela Ions p to the eneflt QFs confer on t sn •· 2. Pu lie Serv ice statu t•a S•• f 's ~· s e4 specific 1983 r ttts r at rtsul s wh lc agrtt wi th Pu He Service. 3. 1, •• b 1 r's ,,.1,... 1 triA IUIO C • ·l I I • • • • • ponent in the c apacity payment alleviates the need to adjust the rate for line losses is not well taken, and the Examiner 's recommendat i on i n this regard should be upheld . Public Serv i ce, by its response to Energenics exceptions, states : 1. Energen i cs ' contention that capacity costs should be based upon facilities beyond Pawnee II would improperly requ i re PSCo to pay hi gher than avoided costs. 2. Energen i cs ' objection to the fixed charge rate rec011111ended by the Examiner, wh i ch item pertains to the cost of cap i tal used i n arriv i ng at the fixed charge rate, fs i nappropriate. The capful cost utfli zed by PSCo to derf ve the fixed charge rate for expenditures was based on hypothetical capital expend ! tures over a construc t ! on perf od end i ng I n the current ye1r; thus, It I s on l y logical to look at marginal costs of cap i ta l for th1t same tfone period. Energenfcs ' appro1ch, the use of spot marginal cost of cap i tal, takes unfa i r advantage of unusually high f ncreonenul capital costs at a parti c ular point I n t f ~~e. 3 . Energenfcs ' selective references to the record I n support of Its posit i on that 60'4 fs a proper capacity hctor should be disregarded . The focus should be on availability factors of PSCo 's un f ts and PSCo ' s 80'4 capac! ty factor requf rement fs more than reasonable . Energen f cs ffled f ts response to PSCo 's ex c ept i on on O.ceeber 5, 1983 . Energenf cs states : 1. PSCo has f i led reforuouhted tariff pol f c f es based on concepts and evidence not of record under the guise of exceptions. Thue should be rejected . 2. The ,_ PSCo proposals, not supported by ev i dence of rec or d , are : •· Mfnf-OF contrltts for full capac i t y p~nts .ust t.. thi rty years . b . OFs IIUSt oost parfo,...nce bonds o r l tttars of c rtd f t to receive f ul l capa ci ty PIYI'fnt . c. C. pa ct t y piYI'fntl bl reduc ed 2-1/21 per ytlr for etch ytu 1 OF co ntriCt fs less th•n th f rty y etrs , down t o ten yetrs fo r 1 50'4 ct pa clty piYI'fnt. d. ,SCo should ~•• physlul control of Qfs desiring to recehe full cepacit.Y PI nta. ·5· ' • • • • • • e . QFs should receive full capacity pay- ments based upon an 80S monthly capa- city factor achieved during both peak and shoulder hours. 3. PSC o contends, in its exceptions, that its fixed charge rate takes account of plant retirements and replacements. This contention is based on an affidavit to said attachments, and should be rejected as ex post facto rebuttal to an Inter- venor 's test1mony . 4 . PSCo ' s content I on that i t should be all owed to clai11 'operational circumstances ' as an excuse for not buying QF power when PSCo unilaterally concludes that it can purchase power elsewhere at a lower cost should be rejected in that such provision only pertains to light loading circum- stances. Although the Connission is not in complete disagreetnent with the rec011111ende d dec i s i on of the ExamIner, for purposes of clarity, the COli- mission wil l enter i ts order containing its own findings of fact, conclu- s i ens of f i nd i ngs of fact and order without regard to Reconwnended Deci- sion No. R83-1701 . FINDINGS OF FACT AND CONcLUSIONS IREREON Based upon all the evidence of record, the following facts are f ound an d con cl us i ons thereon are drawn : 1. The tar i ffs subm i tted by Pub lic Serv ice Company and H~ L 1 ght and Power Company were f il ed pursuant to Comi ss i on order 1 n Case No. 59 70 , wher ein t his C00111iss i on ordered all j urisdi cti onal Colorado ut ili ties t o fil e tar i ffs Implementing the small power production and cogeneret1 on rules . As pert 1 nent here, the tar i ff fill ngs by HOM Lf ght and Power Company and Publi c Serv ice C011pany are I dentical in all llllter- 11 1 respects . Avo i ded Co st Method ol ogy 2. As part of he tari ff fili ng s to c a lcu late av oi ded capac i ty costs, bo t h PSCo a nd H..., Li ght ut fli ud a alxtu r e of c urrent co sts for pur chased power , escalated co sts for port i on s of u ls t ing plant, as well a s antici pated co sts f or a futurt plant (P awnet II). All of the inter- vtnors In t his N t ter objec ted to Pu lie ~rv ice Coepa ny's c0111putat i on of its evoi ded c apa c fty cos based upon U.. a bo vt fx. 3. ht inttrvenors correctly a sser t a hfs Cooni ss lon has consistently rtjtcted costs usocll ed wi current pu r chased power as rente ing future a voided costs; i .t., er purchased rooo othe r gener - a ing utll I ties reflects plants currently constructed a nd in operat ion , not future nolded costl. Fur lltr, the evldeiiCt In 1s cut es ta blishes tha ~aust of tht currtn abu•~all(t of shor •tt eltctr lc ene r gy, soet tltc ric .,,. 1ng utl11 ItS art o ftring to st 1 r 1 or btl t tlr CIISt of "''' ton, s111111Y to boost tlltlr tJfs lng rtvtnues. It u•no be •~ 1c lpa td •• •••• u ill Its 111 cont i nu to offer sue 1 prlcts In tnt 11•1 a tad. In a•y tv 11t, by flnltion, tht utll ha· tto" 11f ~~o~rc•u r cos s o c01111utt fu urt evot d costs Is t roper. ·•· • I • -• • - 4. The other components used ~Y Public Service Company to cal- culate its future avoided capacity costs are certain historical costs associated with Its latest power plant, Pawnee I, which costs were escal- ated based upon the use of the Handy-Whitman Index, as well as antici- pated future costs associated with Public Service Company's next power plant, Pawnee II. It Is the position of several of the intervenors that because Pawnee I I is deff nf tely gof ng to be bull t (a 1 though its antic f- pated in-service date may vary from the current 1988 estimate) that those costs do not actually reflect Pub lie Service Company's future avof ded costs, and some other future costs must be used, f .e., the wholly specu- lative costs associated wfth Cameo III. 5. The record in this matter establishes that portions of the existing Pawnee I plant were designed and built to also serve the Pawnee II plant when constructed. It is generally conceded that those common portions of Pawnee I associated with Pawnee II are fn fact necessary and useful for the operation of Pa wnee II . Public Service Company 's use of the historical costs for those c0111110n portions of Pawnee I pertinent here, and as increased by using the Handy-Whitman Index, cannot be said to be unreasonab 1 e. 6. Intervenors contend that the use of Pawnee II as a ~~easure of Public Service Com pany's future avoided costs, even though Public Service Company is c011111ftted to the building of that plant, fs not appro- priate. Instead, Intervenors argue that some other set of numbers (p resumably higher) must be used to calcul ate Public Service Company 's future avo ided capacity costs. This contention wfll be rejected. The costs associated wfth Pawnee II represent the costs for Publ fc Service C0111 pany 's next plant, whatever the name attached to ft. The -rtaence fn • tills •tter establ1 Sbes tllat~e c:oU. uSDCia~d !filii ~ n !IC ~~~ • , ' 'fact i'epmtnt ~lie serviCe l:011111ny's fu i.tre avofdell ccsU 'for at ledt ' .-a.tlcle. And, from the ev f de nee presented by sever a 1 of the f nter- venors, It is apparent that 1111ny of thef r oroposed facill tf es are expected to come on lfne wlthfn this time period. To utilfzt wholly speculative costs associated wfth a power plant whose future is by no means certain (and therefore may not actually be an avoided cost) would be unreasonable, resulting In calculations that would be artfficfally high, based upon the evidence In this record. 'ullnc Uhlce Collpany"'s use of escalated ,_ I costs alo119 with the costs associated wltll P-II, to include a ca.ponent for tranSIIhs1on f.-,_ 11 louted neer Fort Morgan, Coloredo, to the Denver •tropolltan area, cloes .refl,lc t Publ lc S&rv1t-f011Pany ' s future avo1cled costs IS they •Y reuonably be calculated. 7. In their Cattgol")' • 3 (501 K -25 Mil, I nclusive), l)oth P5Co and IIOIIIe light requ i re that a qualifying facility, I n order to recthe tht full captc l ty ptYMnt, !lUSt operate at a 5' ..,nthly capacity factor during on-pea and shOulder hours, wfth a 90\ IIOnthly capacity ftctor durfng the on-pea hOurs only . In large part, this dete,..lna fon was Ndt using figures for 'ublfc Service Cooopany 's latest power plant, Pawnee I, operetfng f n f ts frst yur with brand ,.... equ l ~nt. e testl110ny of Staff ftnen Proffitt es abl hhts, h ver, that e Industry average capa ci ty f actor for c oal fired bast l oad r plants t s e tn 70\ and 73\. Tht d ltl used by Pu 1 fc Strv l ct COIII)any h ~l g ly 11 t l)' t O l tld t O I Sk d r tsul t . The C-f u f ft ttltts 1114 fi ndS lil t tht ..,,.. reuoneb l t 0\ re sug sttd by Staff s ould bt tht •l nl s tandard used o Ins ure 1 thl ••'-tr of e ffici ent .. a ll fyt ng fa clll t f u are per~~lt ted t o c-0 11 li ne . Tills 7 ca pa ci ty fa ctor -7- • • -• • • should be carried through to Category Nos. 2 and 4 a 1 so . The capac! ty rate in Catefory No. ~.:Jw111_. therefore, be divid.cl by the 701; to be nond1scr1a1natory to ~ui pr'l!-ers-;-Th1t"'" m f'l~ slloule! · also relate to OI\·PQk and J)lout~t 'hoil-t IIIII. tD -11-IIDvrs, and should be calculat.cl on twelve separate 110nthly ca culatfons. • Fixed Ch arge Rate 8. In determining its fixed-charge rate, Public Service and Home light considered the actual historic cost of money for all expendi- tures for a plant coming on 1 i ne in 1983. This agrees with the methodo- logy herein accepted, that the avoided capacity cost of Publ ic Service and Home light is that of a hypothetical co al -fired unit c0t11ing on line in 1983 or the current yen. The fixed charge rate proposed by PSCo and • ttc.e Light w111 bt therefore approved, as w111 the cost of ca,Pital rat4€ used by PSCo and 11c.t lfgllt ~ acllfeve thl ffted-ellarve rate 1T Li ne Loss Consi deration 9. MallY of the interveno rs 1 n this proceed! n9 have c1 ted as a shortc0111ing the flilure of Public Service and tiMe Light to include a ~~ethodo1ogy or calculation for dete,..ining line ga ins or line losses resulting fron the inclusion of qualifying facilities . Soooe of the intervenors ergued that potent111 qualifying facilities will be located closer to the load they ~st serve, and hence should be given soooe fo,... of credit for reducing energy losses resulting from tranSII1ss1on line losses. 10. The evidence in this utter establishes that IS part of its cost calculations for the Pawnee II plant, Public Service has Included a c0111ponent for the tranSIIission cost fr011 Pawnee II into the ~nver ~~~etro politan grid . Si.ply put, Public Service COOIIP iny has alreacty included an expense component for transa1ss1on. If line losses were to be ~~~easured, and a credit or deoit to be assigned, tht transaission c011ponent of the capacity cost ..ould have to be ret10vtd, the actual capacity cost figure reduced accordingly, and an entirely new calculat ion ude based upon the qualifying facility 's proxia1ty to the nearest load or substation. It 1s possible in t~fs scenario that a qualifying flcilfty would find itself receiving a lower capacity pl.)'lltnt than it would enjoy with tne tranSIIis· sion coeponent calculated in. The position of the intervenors that Pu 11c Service Coapany should 1nc1udt a ~~~ethodology for calculating line loss or line gain credits has aerit as an abstract proposition; however, in thh proceeding it h establhheel that Public Service has provided an appropriate calculat on to c01111ensate for this PI l ~,.,~t with no provision for Ill)' ltfes. fllltJ', .. 1 _.,..te lf ..... f..W ~~ .. 11 . lot Pw lt c Service and Lig t, In their ,..spect1vt tarffh, ,..quirt that 1 a1tfy111f facility .ust contract for 1 afnf- of 20 years fn ordtr to rtctivt full capacity pa~nt. Tht Staff of tht C f U I Ofl rec 1\dl at the contract period bt for 1 atnf-of 15 y ars . Me• of the f ntti"Yti'Drs see contract periods of shorter dura- t fo , f.t .. 10 1t1rs . oP"t " • fJ .. t" ts a 1 h 1 a gentratf~t ed t o a a 11ft o f )() y trs or rt . h•t ,., I I tt • tstl 1 h 1 t~a ptrlod i Ully H t r•ltt ,. u tl tJta l ata r 1"t tilt 11 ft of a ,. ,,.., as • • • - a result of such items as replacement of older machinery with more expen- sive new machinery, all of wh ich goes into th@ capital account. As such, it is reasonable that at least once during its life a qualifying facility should be ab 1 e to upgrade the figure for its capacity that it will be paid by Public Service Company, since Publ ic Service Company's own fac il- ities experience si111ilar increases over their life. It therefore appears that the Staff's 15 year minimum 1s reasonable, allowing a 30-year hcil- ity to be upgraded at least once, and poss i bly more times during the course of Its productive life. The c-tssfOtl wfll thus ord@r that Public Servlc@ COIIPtny change fts -•fnf-contract l@ngth to provide that Qfs rKefve full capacity p~nt for a 15 ynr contra~t7-· 13. For those facilities which @l@ct to con tract bebleen 10 and 15 y@ars, the Staff proposal that they be paid a lesser cap ac ity valu@ than a facility contracting for 15 years has merit, i.e., it will avoid the phenomo!nOn of a qualifying facility rapidly escalating its capacity charges to the utilities (and hence the customers), while at the same time creating an i ncentive to a qualifying facility to accept th@ higher c apac ity payments that are attendant to a 15-year minimum contract. Accordingly, tM c-hsion wfll order that contracts between 5 and 15 yeen In l.ngth will line tllt 'capacfty charge reduced by 51 for each yen that tM cont,.act is sllorttr than I 5 years to 1 pof nt 110 1-.-tiNa a 5 year contract. Below 5 years, tilt capacity ellarge will be redUced 'Y lOS ' for each year that tile contract is for 1 ess than 5 years to a pot nt of • zero capacity credit for zero years. Energy Paynoents 14. To be cons is tent, energy paynoents to the qua 1 ifyi ng facil- ities must trac~ the same power plant(s) used to calculate the capacity paynoents. Accordingly, any US@ of @nergy costs from sources oth@r than that source used to calculat@ th@ capacity pa.)'lll!nts can result In Incor- rect ~~~tasurelllf'nt of the true energy costs. Specifically, Including purchiS@d power costs, somo! of whf ch may be 1 ncurred 1 n the short run at below-cost rates, which rat@S cannot be expected to continue indefin- itely, can have the effect of artificially depressing the value of the fiMI energy rec~lved fr0111 qualifying facfllties. n..Nfore, Jlublfc •• Servfct C01111any wfll be ordered to .. h its tMrgy ~ntl tract die cost of the -rgy behg provided by the h.)'pothttfc11 un,tl•1 s.rtD dete,..iM the capacity costs. In thfs cue, tM tlllf'gy costs rtlltfR to P-I are the •st .,...,...eee to c:•'"""tly dttt,..fne energy pay· .. ntl. loth Public Service and Holle Light shall ,_., purcllutd powr costs f~ their energy ~nt calculations . 51.,1 taneous Sales 15. Fra. the evidence of record, It is found that Public Service and Holle Light wfll be purchasing net powr f~ only Category o. 1 qualifying facllltlts, not facllltfts In Category Mos . 2, 3, or 4 . Accordingly, the li•ftatfon found on tarfff page P-4, lf•ftfng net salts to only Category Nos. 2, 3, and 4 appean to be fn arror. llftll U.t, Pulllfc Service and M.e lftht allould be ordered to ..-ve that pr1:1't1..,_ f~ NCII tariff, and cornct the Mt powr Ullftlt111'1 tr""ly Citatory • 1 1 o-5 tw 1. ea tegof1 lloa . t , ' and 4 s11ou 1 d be' ptt'tltttM • ••t w.- ""' purc:hests and st as . • "· ll 11111 latas •tral lftltrvtiiOI'S upreutd conctrft at Public rvlce fafltd to t provfs1oft In their tariff for "ling ·•-• • • • • rates, i.e., ch arges for tra nsporting the energy to another utility over the Pub lic Service grid . This would enable a qualifying facil ity nearest the Public Service gr id to sell its output to an other utility who might need the power, merely paying Public Service for the transportation (i.e., "wheeling"). C00111ission cogeneration r ule 3.404, states in appli- cab 1 e part : ·-•charges, if any, for trans01 i ss ion shall be subject to agreement between the transmitting util i ty and qualify i ng facility ." Accordingly, the fil i ni of whee l i ni rates is not required by the Ca.~is slon' s cogeneration "1••· I'Wlt<r ..,et alld-,._ t1~t should not be required to file such tariffs . Category No. 2 Meters 17. In add iti on to meteri ng required for billing purposes, Publi c Service and Hoole Light propose to i nstall a demand -indicating watt hour meter at the qual ifyi ng hell i t y' s expense . The purpose of the add iti onal meter is load research, s0111ething of benefit to Public Ser- vice, Home Light, and ratepayers gener1lly, but not of direct value or meaning to a qualifying hcil i ty. Qualifying h cili ties should pay the costs associated with their presence on the syste~~; however , they should not be required to subs i dize the general operating expenses of the util- ity , to i nclude load research. Accol'dl"9ly, tile requi,...nt that Cate- gory llo . 2 qualifying facil i ties pq for detolnd •ters In addition to no,...l billing ~~eters should be deleted. Operating Ci rcUIIIstances Clause 18. On Page P16-A in Rule 4, Public Service and Hoole Light assert a right to refuse purchases fr011 qualifyini fac ilities where the costs exceed those which Public Service or Holle Light would i ncur if they purchased the power elsewhere. In effect, this would compel qualify ing facilities with long-term contracts to c011pete with short-teno dUIIIP power, and with short-teno purchased power. This Uri ff provision shoul ~ be deleted for Public Service's and Home Light's tariffs because COII!Iis- sion Rule 3.701 pertains only to light loading situations w'lert Public Service and Home Light would be required to shut down base 1 oad units to purchase QF power. Rule 3. 701 does not apply in other circumstances where Public Service and H0111t liiht are able to obtain or generate power at less than avoided cost. These provisions should further be deleted because the evidence of record in this proceedini esttbl ishes that Pub11c Service will avoid c apac ity and energy in the long run by virtue of qualifying facility purchases, and the above contention of Public Service looks to the short-run view of avoided capacity and energy costs. lt. Psto an4 Ito. Ligh t a lso 1t1te that tiiQ intelld to iloclM In their 'tariffs f il ed u the conleqlltfiCt of this *h1on, p~4111r Wlllcfi WOIIld authorize 1 110ratorha on the purchase of capklt,y tiM! fr011 Qfs if such would not avoid capatlt,y or -rgy . SUctl t proorl loll also loots to tilt short-run vi .. of avoided capaclt,y a nd eNrgy. Accord· lngly, Psto and !'-Light wf ll herein ordered o t 111t1uclt sllc • provlsfons In their reflled tar fs. 8uh of PaY!II!nH 20. In thtlr tariffs, l'u 11c Service tnd "-Llfht usert , that, •purclluas of cepacl t,y tlld -rtY by any shall be •dt onlr erttr t c 1 ufon has 1ut orhtd e-.."Y to .-. lu cust-rs rou tc.lleny's st rates • • • llo l'u He r•lca a"d 11c.t Llg .,.. ~ o purchest QUallf11ne hcllttt upt•l 1nd tnt"91 · o waTt"JO"r-specll l C hsio approval, tsPtChlly ·10· • • ' I • • • • • • for incorporation i nto base rates (which usually occur in annual rate cases). can delay QF interconnection, and payment s to a qualifying facil- ity for a year or 110re. This has the backdoor effect of chilling the development and use of qua 1 ifyi ng facilities. There was no showing by Public Service and Home Light that vendors of other goods are treated in the same manner that they propose to treat qua li fyi ng facilities . Public Service and H0111e Light have alternative remedies to recover these pay- ments; thus no compelling reason requires qualifying facilities to wait up to a year for payment . PSCo and Home Light also request that QF pay- ments be included i n the electric adj~atment cl ause . Illt,_....~d also be clenlecl t~Kauae tile EtA t.s 110t .tlle •lllln~~~rlate "WIH?f't~tb ·~r tflm · PQ!Itn t i ,1 23 . Energenlcs contends that no evidence of record was pre- unted to support PSCo's argUJMnt that its fixed charge rate takes account of plant retlr-nts and replac-nts . After review of the record of this proceeding, the C~fssion finds that evidence ~;as sub· 11itted herein ~;lth respect to thfs issue; ue Exhibit C, prefiled testl· 1110ny of Public Service witness .Giddings, and direct testl110ny of witness Giddings at transcript VolUIM 2, pp. 13-14. Also see cross-exa11inatlon of witness Giddings •,t transcript VolUJit 2, pp . 159-227 . An approprhte Order ~;fll be entered . THE COit41SSION ORDERS T~: 1. Publi c Serv ice and HoM Lf ght and P r COIIP IMY slla11 ,._.,. fr~ the ir c al cu lations of avoided capac ity cost a ll figures usochted with pui"Chued power, and shall r«OIIPute their avo ided cap city costs using the c n tl-nts of Pawnee I associated ~<ith Pa II, as tscalated, and the proposed costs usocftted ~<1 th Pawnee 11, to lnclu he transahslon c~nent, to dettrt~lne their .voided capacity costs. Pu lie Service end HoM Light shall also use their proposed cost of capital and ffud charge ratu to dtttl'tliM their noldecl costs . ·11· t I • • - • • • ,. • 2. Public Service Comp any and Honoe Light and Power Company, in the ! r refil ed tar! ff sheets perta f nf ng to cogenerators and small power producers , shall chan ge such to reflect a 70\ MOnthly average capac! ty factor during both on-peak and shou l der hours, and for on-peak hours, for Categori es 2 through 4, and such tariff sheets shall also be changed to set forth a 1983 capacity rate of SlB /kwh/month and 1. 7lt/kwh for energy . Such tariff sheets shall also reflect that the foregoing 70\ capacity factor shall be calculated on 12 separate monthly computations. 3. Publ fc Service Company and Hoooe Light and Power Company shall change their tariffs to reflect a 15-year mfnfmLMI contract period, for full payment of capacity to any Slllll power producer or cogenerator, with 5~-per-year reductions in capacity payments to a period of no less than 5 years. Below 5 years, capacity pa}'llents shall be reduced by 10\ per year. 4. For purposes of detenlf nf ng energy pa}'llents, both utilI ties shall currently use the energy costs associated with Pawnee I , until such tf~~~e as Pawnee II coooes on line. No purchased power figures shall be used to deten~fne energy costs. 5. Both util f tf es shall reooove the net power 1 IIIII tat! on for Category Nos . 2, 3, and 4 fr0111 their tarfffs,and thus allow simultaneous purchase and sale of electric energy in these categories. 6. Public Service Contpany and Honoe Light and Power C0111pany shall reooove from the i r tariffs all requirements that qualifying facil- ities pay for deund ~~eters in addition to, or in lieu of nor1111l billing ~~eter costs . 1. Pub lic Service COMPany and Hoooe Light and Power Colllpany shal 1 re1110n fro-their SJNll power production and cogenerati on tariffs, provis i ons to refuse purchase of energy and/or c apac i ty where cos ts exceed those wh f ch the util 1 tf es would 1 ncur if they purchased else- where . No provis i on shall be pllced i n said tariffs wh ich wou ld author - ize Publ fc Service COMPany and HOIIM! Light and Power Company to not pur- chan energy or ca~acfty fr0111 any Slltll power producer or cogenerator If such purchue would not avo i d energy or capacity. 8 . Publ fc Service COIIIPany and HOIIM! Light and Power Company shall remove from their tariffs any requfre~~ents that qua lifyi ng fa cil- i t i es IIUSt wa f t until Public Service C011pany or~ Li ght and Powr C011p any obtain C01111 f ss f on approval before the utility will pay for c apa - c! ty and /or energy, and a spec f ff c rate f ncreue has ff rst been granted. 9. Public Service to.pany and HoM Lf g t and P r COIII>Iny shall .edify their I ndependent power produc t ion policy ta riffs o add 1 provision fell wlll all any qua lifying fa cility to cht n 1ts status froe a 1 r to 1 higher catt ory qua lifying fa cf)fty at i s discretion. Aity sue Q alffytng hcfl f t)' tlectfng to change status shall us-a ll financhl burdens of sue c tnge t nd N Y only c an stttus o tiM, and NY chan~ 1 s status bat to Its original cat eory OM 1M. 10. All chang s in tariffs required y t fs order s a ll be su 1tted within t.en (10) days of tht effectlv data of t is order, alCIIIf it all rto:papert sh fng rhatton of new rates, and all c ar s. ur1ff sh ett s all be effectfv vpo fh IS) days no let, altd shall cite t h dechlon as authority , _, -• - • • ,. • ,,. 7!,a ~.<.:~ot1ons f i1t2d en 'Jcv~r.:~l!r 23, 1ry83, ~o ~i!c:r.;-;enc ~: Decision llo. R83-1701, by Staff of the C011111 i ssion, Public Service Company and Home Light and Power Company, and Energenics, Inc . to the extent consistent with the foregoing decision and order, are granted, and other- wise such are overruled and den i ed . 12. The twenty (20) day time period provided for pursuant to CRS 1973, 40-6-114(1) within which to file an application for rehearing, reargument, or reconsideration shall cOIII!Ience to run o n the firs day following the mailing or serving by the C011111ission of the decis i on here i". This Order shall be effective thirty (30) days from the day tnd date hereof. DONE IN OPEN I~EET!NG the 17th day of J anuary, 1984 . (S E A L) THE PUBLIC UTILITIES Clllt11SSIOH OF THE STATE OF COLORADO ~ t?J ·-ct. ArnST :. A ~RU COPY H&"::;( G& li ;.:04 . Eucutive Secretary j •134111 EDYTHE S. MILLER ANORA SCHMIDT C011111issioners COMIIISSIOHER DANIEL E. MUSE .O.BSENT BUT COtiCURq l~r, IN RESULTS . -u- • • -• • • MEMO TO: Mayor Otis and Me~ers of City Council FROM: Rick DeWitt, City Attorney DATE: January 23, 1984 RE: Public Service Cogeneration Opinion Attached is the opinion from the Public Utilities Commission after reconsideration of various issues raised by sorne of the parties. It i s essentially the sarne opinion that has been transmitted to you before. It has no adverse effects on the City and reinforces the previous good de · 'on for the City . bb Attachment • • • • • (Decision No . C84-67) BEFORE THE PUBLIC UTILITIES CO""!SSION OF THE STATE OF COLORADO RE: INVESTIGATION AND SUSPENSION OF TARIFF SHEETS ACCOMPANYING ADVICE LETIER NO. 871 -ELECTRIC, FILED BY PUBLIC SERVICE COMPANY OF COLORADO FOR REVISION OF COLORADO P.U.C. NO. 6 -ELECTRIC. RE : INVESTIGATION AND SUSPENSION OF THE TARIFF SHEETS ACCOMPANYING ADVICE LETIER NO. 63, FILED BY HOME LIGHT AND POWER COMPANY FOR REVISION OF TARIFF COLORADO P.U.C . NO . 10 . * * INVESTIGATION Aile SUSPENSION DOCKET NO. 1603 INVESTIGATION Atle SUSPENSION DOCKET NO . 1604 CCJt1ISSION INITIAL ORDER AND DECISION January 17, 1984 STATEMENT BY THE COMMISSION : On Do!cenober 10, 1982, Public Service Company of Co lo rado (Public Serv i ce ) flled wi th the C011111lsslon I ts Adv ice Letter No . 871-Elec trlc , dated Do!cember 10 , 1982 , accompan i ed by several tariff shuts . Als o on Deceoober 10 , 198 2, HOOle Lf g"t and Power Coonpany (H ome Li ght ), a wh oll y OWTied subs l dflry of Publ i c Serv ice, f il ed I ts Adv ice Letter No . 63, wi th sever1l tar i ff sheets. The purpose f nr the above fllln~s by Publi c Serv i ce and Hoole Light wu to coooply wi th thfs eo-1sslon s order I n Decision No . C82- 1438, I ssued Septellber 14, 1982, requiri ng that rules and regulltlons, IS well urate for'!IU l ae, be set forth In uch utility 's t1rlffs perta i ni ng to SMll power producti on and cogener1tl on. By Ca.fss f on orders dated J 1nu1ry 4, 1983 , the tari ff f i lings of Pub lic Serv lc• 1nd Holle Li ght were suspended, the cues consol f d1ted on 1 joi nt record f or purposes of he~r l ng, 1nd the conso lf d1ted 111tters set for heari ng . Htar l ngs wre he ld on Apr 11 25 , 26 1nd 29, 1983 before Hurl ngs b•f ner Arthur G. Sta lfw . Fl n1 l bri efs wre s ubll l tted on May 13, 198 3, 111d he subj ect .. t t t r wu taken under l d v fset~ent . On vMIIe r 3, 1983, Hurl ngs Eu•f ner Ar thur G. Sta llw Iss ue d aec-lldt d Dechfon • R8 3-1 01, wller efn 1n n ofded cost •thodology !wi sed upon use of tsclhted PI I costs 1long with the costs u so- chted wf h P•-!1, to Include 1 cooopo nent for trt nwfssfon frooo P II to Do!nver, wu tstlblhhed by the ha fner, tlong with uso- c hted • ters pertaini ng to capacity flctor, fhed c harged ratt, lfne loss c onsideration, ltng h of contr1ct, tn rgy p1y.ents, si~~Ultaneous salts, wllee11ng rt ts, C1 t egory • 2 •ters, operttf ng cl rcu.stancts c huse, 111d twists of pay•nts . ' • I • -• • • On November 23, 1983, Staff of the Comm i ss i on (Staff) filed exceptions to Recommended Decis i on No . R83-1701. Therein, Staff excepts to Fi ndings of Fact No . 14 and ordering paragraph 3 dealing with length of contracts, Findings of Fact 20 and 21 and ordering paragraph 8, and the fa il ure to prov i de that a qualifyi ng fa cili ty has the option to elect to take service at a di fferent category. Staff also states that a final order in thfs proceeding should specify rates, which were onoftted f n the rec ommended decision, and the ev i den ce of rec ord establishes that the avoided cost rate herein should be $18 /kwh/JOOnth for capac i ty and 1 . 7lt/ kwh for energy, Energenics Systems, Inc. f il ed excepti ons to Recommended Oec f - sf on No. R83-1701 on November 23, 1983. Energenf cs contends that the Exam f ner erroneously recommended that the capac! ty costs of Pawnee II, Inclusive of the capacity costs of certain c0111110n elenoents of Pawnee I, are not the proper costs on which to base capacity payooents to qual ffyfng facilities (QFs). Energenfcs contends that the next planned capacity addition in the Pub lic Serv ice resource plan after Pawnee II fs the appropriate pr.,xy for the purchased power capacity costs that Public Service can actually avo id because Public Service is ca.~~i tte d to bu fld· i ng Pawnee II , and thus, cannot avo i d such c osts. Energen ics also excepts to the order in Re c011111ende d Decision No . R83-1701, wh ich orders Public Service to un il atera lly disaggregate the total Pawnee J c oanon element costs because such dfuggregatfon will not be subject to scrut iny or cross-exa01fnatfon by Intervenors unless Inter- venors fil e separate conoplafn t proceedings . Energen fcs also states that PSCo 's reduction fn the fixed charge rate to calcul ate fts hypothetica l unit's capa city costs f s an attempt to utilize his toric costs of cap i tal, rather than the Nrgfnal costs of capital associated with future resource add itions. Energenlcs accord i ngly states that the Coslfssfon should reject the new lower fixed ch arge and adopt PSCo's previous fixed ch arge rate as reflecting Its marginal c ap i ta l costs rather than historic costs. lnergenfc s elso argues, fn its exceptions, that proper 110nthly capacity factor entitling a QF' to full cap acity pay~~ent should be 60\ rather than 70\ as rfComr;~ended by the Exam! nfr . Energenics further states that the h alllfner's recommendat ion that QF's executing power pur- chast CMt racts of less than ten yea r s dur a tion receive no capacity credit should be rejected by the C011111fssfon. Energenics finally excepts to the Exa11l ner' s f l ndl ng of facts paragraphs 19 through 21 and ri!COII· Mnded ordl!r pertaining to PSCo 's proposal that it be allowed to Inter- rupt contracted for QF' purchases at any tiiN PSCo belil!vts it can pur- chase cheaper electricity fr011 others. Energenfcs statu that this procedure 1s no consistent wfth 18 CFR Sec. 292.303(f) or wfth C-is- sfon Cogener etfo" Rule 3. 701. Energenics states that the C isslon should chrlfy this ut er to ICCOIIIJl sh he stated purpose of I! abon FERC rule. The City of Aspl!n (Aspen) and the Board of County C-1ssloners of thl! County of Pf fn (Pitkin) filed uceptfons to Rec-ndl!d Decision No. R83-1701 on Novetlber 23, 1 3. ese parties con end tha the recOIII· Mndtd recalcuhted ratn wt 11 not prov de opportunity for tile Inter- venors to obJtct or c-nt upon sue recelcuhted Uriffs ordered to bt filed by PubHc Service . Asp•n and Pi in also state that the recoe- wnd d decfsfon should bt cladfftd to rtflect hat PSCo 11111 Change its 110nthly capacity factors for OF's fr011 75\ o ~ duril'g on•Pfl 1nd s ou1 d r h urs and 90\ o• pea hours o tn ec rou-tht·l>olrd 0\ CIPtci t flctor It all iMs . tn ptrtits fur hlr Stitt that t rte lldtd -2- ) I I I • • • • • acdec should ~e cl adfied sa as to expressly requ i re that the 70% monthly ave cage capacity factor be applIed through twelve separate monthly cal- culations each ye ar, as opposed to a single average calculation of the cap acity factors achieved by a QF over a twelve month period. Aspen and Pitkin, by the i r exceptions, also state that PSCo and Home Light are required by the recOI!'I!Iended decision to file a wheeling rate in their tariffs for small power producers . Aspen and Pitkin request that the C011111 i ss ion provide opportunity to take except i on to whatever wheel ing tariffs are filed. Aspen and Pitkin also state that the rec011111ended decision should be modified to specify a methodology for determining the wheel i ng rates, such as a methodology based on cost plus reasonable return. Aspen and PitJdn finally contend that the Examiner should have required PSCo to provide in their tariffs credits for line loss savings resulti ng from the purchase of power from QFs. Pub 1 I c Service Company filed except! ons to Recononended Decision No. R83-1701 on Novelftber 23, 1983. By these exceptions, Public Service contends: 1. The minimum QF contract period should be thirty years rather than fifteen as rec011111ended by the Exam! ner . 2. With the use of a thirty year minimum contract period, the inclusion of a proxy for the cost of finn purchased power over that period would be approprl ate. 3. To protect PSCo against the paylll!nt of higher than avoided costs, PSCo should be assured that Qfs will operate for thirty years. The COIII!IIs- slon should therefore requl re Qf' performance bonds or letters of credit. 4. For PSCo's capa city PIY'I'!nts to reflect Its avo i ded costs, full QF ca pa city paY'I'!nts should be Ncle only to those QFs entering a thirty-year co ntract or longer with the full PIY'I'!nt being discounted 2-1/n for each year by wh ich the co ntract terw fs less than thirty years down to ten years . S. On the foregoing bases, and 11ith PSCo 's physical co ntrol ower QFs, PSCo does not object to c ollb l n- lng Its categories 3 and 4 . 6 . If Category 2 Qfs (those ranging In size S k" to 500 t11 l desire to us-. the burdens (particu- larly •terlng l appli cable o larger facil i t i es, PSCo ''""' hat C.tegory 2 Qfs •Y sh l ft to C.tegory 3 and rectht PI nt ac col"dtngly. In tht alternative, tht tsst011 •Y IIOdffy the captclcy PIJWOent P"K-nded by e uMiner to C.tegory 2 Qfs with a IIOdlflca ton hereto to k e a full capac Icy pay.ent for capac! y of no .are an t xl-CIPICI ty of t Qf . PSCo sug stl n an tddf IONl alterftltf to the foregof g It lit •t 101)' sug st•d by ft be continued . ·3-• • • • 7. QFs should be requt red to have a capac! ty factor above Public Service's st nee they are free of systeM operating conditions. 8 . PSCo ' s proposed that full capac! ty pay~~~ents to QFs be payable only If QFs achieve, on a monthly basts, a 75\ capacity factor during the on-peak and shoulder hours of the day and a 901 capacity factor durt ng the on-peak hours alone . The rec0111111ended capacity factor of 70S Is erroneous and the C011111tss1on should adopt PSCo 's original proposal or an 80S 1110nthly capacity factor requlretnent for all on-peak and shoulder hours . 9. The rec-nded decision Improperly required PSCo to file ""eeltng rates . 10. A utility purchasing fi"'OIII a QF MUst pay capacity and energy only ""en such purchase results In capacity and/or energy avoidance . PSCo Intends to Include In Its reflled tariff a provision for a 110ratort11111 on QF capacity and energy purchases 1 n the event that such purchases would not avo! d either capacity or energy. 11. PSCo 's general tel'll In Tariff Sheet 16A, 178, ""tch would excuse It fi'OII Its obligation to purchase In ctrc..nstances conte~~~>lated by eo-ls- ston Rule 3. 701, was fiiProperly rejected by the Exa•tner. 1 z. Paragraphs ZZ, 23 and 24 of the f1 ndt ngs of fact portion of Rec-nded Decision No. RB3-1701 should be reversed In that PSCo Is entitled to a tiOMly recovery of pay~~ents Nde for QF purchases. On Dectllber 5, i983, PSCo filed response to the exceptions of Staff, Aspen and Pitkin, and Energentcs . Energentcs filed response to the exceptions of Public Service Cooopany on Dectllber 5, 1983 . PSCo, by Its response to Staff 's exceptions, states : 1. PSCo 's approach to pay i ng capacity under a •lnl- -tn t rty-year contract Is appropriate, ""flt Steff's approach bears no rellttonshtp to the benefit Qfs co nfer on the aysteoa . 2. Public Service atates that Staff 's reques ed specific 1 83 rates reach results ""ten agree with 'ubl lc Service . 3. PSCo as no objection to Category l Qfs hnlr•g the op lon o 110ve to Category 3 (c lned te- torles l al'd 4?) If tltey ass._ the additiona l Mterlng expense. l'u 11c Servlct, 111 Its respons o Atpe 's tlcepttoll&, nates : 1. Aspe 's conttMlon that t ba l,..r •s cltter~~lna- lon tha t l~~tlusfon of a tranMluto" c ·•· • • f • • • • ponent in the capacity payment a 11 evi ates the need to adjust the rate for line losses is not well taken, and the E~aminer's recOONWndat f on In this regard should be upheld . Public Service, by its response to Energenfcs e~ceptfons, states : 1. Energenics' contention that capacity costs should be based upon facilities beyond Pawnee II would improperly requ i re PSCo to pay higher than avoided costs. 2. Energenfcs' objection to the fixed charge rate recOftlllended by the E~an~iner, which Item pertains to the cost of capital used In arriving at the fixed charge rate, Is Inappropriate. The capital cost utilI zed by PSCo to derive the fixed charge rate for e~pendi tures ,.as based on hypothetl cal capital expenditures over a construction period ending In the current year; thus, It fs only logle~l to look at marginal costs of capital for that saM tf• period . Energenlcs ' approach, the use of spot n~~rglnal cost of capital, takes unfair advantage of unusually high Incremental capital costs at a particular point I n tiliM!. 3. Energenl cs' sel ectfve references to the record 1 n support of fts position that 60\ is a proper capacity factor should be disregarded . The focus should be on ava i lability factors of PSCo 's units and PSCo 's 80S capacity factor requireMnt is 110re than reasonable. Energenlcs filed Its response to PSCo's exception on Dectllber 5, 1983. Energenlcs states : 1. PSCo hU filed reforwullted tariff policies bued on concepts and evl dence not of record under the guise of exceptions . These should be rejected. 2. The new PSCo proposals, not supported by evidence of record, are : a. Mini-~ con tracts for full capacity p~nts .ust be thirty years. b . ~~ .ust post perfor~~~nce bonds or l etters of credit to recehe full capec l ty pey.ent . c. C.peclty p~nts be reduced 2·1/2\ per year for each year 1 ~ contrtct fs leu an tlllrty yurs, dowol to ten yurs for a 50S capeclty p~nt. d, PSCo should hav physi ca l control of ~~ dts1rlng to receive full capac! y PI nts . -5- t I • • - • ' • • '' • e. QFs should receive full capacity pay- ments based upon an 80\ monthly capa- city factor achieved during both peak and shoulder hours. 3. PSCo contends, in its exceptions, that its fixed charge rate takes account of plant retirenoents and replacements. This contention is based on an affidav it to sal d attachments, and should be rejected as ex post facto rebuttal to an Inter- venor 's testl.oony. 4. PSCo's contention that 1t should be allowed to claim "operational circ~~t~~stances" as an excuse for not buying QF power when PSCo unilaterally concludes that it can purchase power elsewhere at 1 lower cost shOuld be rejected in that such provision only pertains to light loading circUli- stances. Althoug the COIIII1ss1on 1s not in co.plete disagre-nt with the rec-nded decision of the Exniner, for purposes of chrity, the Co.- mission will enter its order containing its own findings of fact, conclu- sions of findings of feet and order without regard to Rec00111entled Deci- sion No. R83-1 701. FINDINGS OF FACT AND COIIELOSIOIIS TR£kEON Based upon all the evidence of record, the following hcts are found and conclusions thereon are drawn : 1. The tariffs subllitted by Public Service Company and Honoe Light and Power Comp any were filed pursuant to C0tr.1hsion order in Can No. 5970, wherein this C011111ission ordered all jurisdictional Colorado utilities to file tariffs hoplt~~tnting the SIH11 power production and cogeneration rules. As pertinent here, the tariff filings by HOM Light and Power Company and Public Service C011pany are identical in all mater- ial respects. Avo ided Cost MethodoloiY 2 . .t.s part of the tariff filings to calculate avoided capacity costs, both PSCo and Hoooe Light utilized a mixture of current costs for purchued power, escahted costs for portions of existing pllnt, as well u anticipated costs for a future pllnt (P awnee II). All of the inter- venors in this Ntter objected to Public Service Co.pany' s co.putation of its avoided capacity cost based upon the above mix. 3. he intervenors correctly assert that this C0111111isslon hu consistently rejected costs nsocfated with current purchased power n reflecting future avoided costs; i.e., power purchased fro. other gener- ating utiliti es refhcts phnts currently consvucted and in operation, not future avoided costs. Further, the evidence in thfs cast establishes that beCause of the current abundance of short-tt tlectrlc energy, SOllie electric generating utilities are offering to sell power at or below the I r c~st of genertt l on, sf ply to boost thtlr txhtl ng rtvenues. It cannot t.. ant ici pated thl thtst u 111tlts w111 continue to offer such 1 pr ices I n the years ahtad. In 11'1 event, by d flnltlon, the utll l u- t l o n f purchased p r costs to c010putt future avoided costs is l111proper . -6-I • • • • 4. The other components used ~y Publi c Serv i ce Company to c a l- culate its future avoided capacity costs are certain historical costs associated with fts latest power plant, Pawnee l, which costs were escal- ated based upon the use of the Handy-Whitman Index, as well as antic i - pated future costs associated with Public Service Company's next power plant, Pawnee l l. lt fs the position of several of the Intervenors tha because Pawnee ll fs definitely going to be built (although fts anti ci- pated i n-service date may vary from the current 1g99 estimate) that those costs do not actually reflect Pub 11 c Servf ce Company 's future avof ded costs, and some other future costs must be used, f.e., the wholly soecu- latfve costs associated with Cameo Ill. 5. The record fn this matter establishes that portions of the existing Pawnee I plant were designed and built to also serve the Pawnee II plant when constructed . It fs generally conceded that those common portions of Pawnee l associated wf th Pawnee II are fn fact necessary and useful for the operation of Pawnee II. Public Service Company's use of the historical costs for those comrnon portions of Pawnee l pert i nent here, and as Increased by using the Handy-Whftrnan Index, cannot be said to be unreasonab 1 e. 6. Intervenors contend that the use of Pawnee II as a •asure of Public Serv i ce Company 's future avo i ded costs, even though Publi c Service Company 1s c011111f tted to the building of that plant, 1s not appro- priate. Instead, Intervenors argue that soone other set of numbers (presumably higher) II!Ust be used to calculate Public Service Company 's future avo i ded capacity costs. This content i on will be rejected . The costs associated wi th Pawnee II represent the costs for Public Service Cooopany ' s next plant, whatever the name attached to 1 t. The ntaence In : tftfs •twr tsUbilibeS tllat~e C:DUJ IS~!I,ted .wtljlf' ..... n lle~ll . I • "'fact reprfttM Mllc $f,.vlct ta.~~~any's future avofdiill cllstt ·ro,. at ledt ~ dlcea.. An d , f r011 the evidence presented by several of the lnter- veno,.s, f t 1s appa,.ent that uny of the i r oroposed facilities are expected to cc.e on li ne with i n this t i me per-iod. To utilize wholly speculative costs assoc hted with a power plant whose future i s by no Mans certa i n (and therefore uy not actuall y be an avoided cost ) would be unreasonable , resulti ng in calculati ons that would be artificially high, based upon the ev i den c e i n this record . ~nc S«'Y1ct C..IIY's usa of ascalated ,_ I costs alont with tile costs usocfatld wiUI P-II, to IIIC1ua. a cc.po11111t fo,. tr-an .. fsston-f,... '-e Jl Joc.ted "",. Fo,.t llor-gan, Colo,.edo, to tile Denver •tropolltan area, does ref\l't Pub11c s.ntc~!IY'S futu,.. avofa.d costs u tlleY 111.1 ,...sonably bl celculatld. Capacity Factor 7. I n the i r Category No . 3 (501 K -25 Mil, I nclusive ), l>oth PSCo and HoM Li ght r-erul r-e that a qual ify i ng fac ili ty, i n order to r-e ceive the full c apac i t) paywoent, !lUSt operate at a 75\ 110nth l y capac f ty facto,. du r-i ng on-peak and S•·3ulder hours, with a 901110nthly capacity flc to,. dur i ng the on-pea hours only . In lar-ga part, this deterw f nati on wu .. dl us i ng f f gu,.es for Publ ic Serv i ce Ca.pafiY 'I latut power pltnt, Pa I , operati ng I n i ts f i rst year wi th rand IIIW equi,.ent. The tls t f ny of Sta ff itne ss Pro f flet estab l fshls , h ve,., that e f lldu s t ry u ,., cajM City fleto r for co.l f ired base load power pltnts Is bl en 7 and 73\. Tit da ta used by Public Sa r vfce ta.pany fs hi gh ly 11 ely to l11d to • 1 result. The c-fsston statts and finds hit re r-enonable 70\ fi rt IU 9tlstld by Staff should be t •lnl- sta~ard used o i nsur~ hat t .. ,,_ r of efficient ua li fying facllftitsar~ pa,..i tid to c o" lit~t . Tllh 01 CI!Mtity f ector -7-I • • • • • should be carried through to Category Nos. 2 and 4 also . The capacity rate In C.te9ory No . 2 ,w1ll_, therefore, be divided by the 70S to be nondhcrl•inatory to tliese Jlr'll~fi'S":. Tlth·MI m t'a~W stlould also relate to on-peak and $110111det llcNt'S llll ~ -lt IIDvrs, and should be calculated on twelve separate .ontllly ca culatlons. • Fixed Charge Rate 8. In determining its fixed-charge rate, Public Service and Home Ll ght considered the actual historic cost of 1110ney for all expendi- tures for a plant coming on line In 1983. This agrees with the ooethodo- logy herein accepted, that the avoided capacity cost of Public Service and Home Light is that of 1 hypothetical coal-fired unit coming on line in 1983 or the current year. The fix" charge rate proposed by I'SCo alld Holle Light will be tJierefore approved, as will the cost of ca ita1 nul used by i>SCO alld M-Light to IChh!Vt the f11ed-Chllf'gl rate, Line Loss Consideration 9. Many of the intervenors In this proceed i ng have cited u 1 shortcoming the failure of Public Service and Ho.e Light to Include 1 11ethodology or calculation for deter~~lning line gains or line losns resulting from the inclusion of qualifying facilities . Sc.e of the intervenors argued that potential qualifying facilities will be located closer to the load they 11ust serve, and hence should be given sOM fo,.,. of credit for reducing energy 1 osses resu.lti ng frooo tranSIIhslon 11 ne 1 osses. 10. The evidence in this Ntter establishes that u part of its cost calculations for the Pawnee II plant, Public Service hiS included a c011ponent for the tranSIIission cost from Pawnee II into the ~nver Mtro- polita• grid. Si111ply put, Public Service Coetpany has already included an expenn c011ponent for trans11ission. If line losses were to be Muured, and 1 credit or deoit to be assigned, the trans•hsion c011ponent of the capacity cost would have to be ret110ved, the actual capacity cost figure reduced accordingly! and an entirely new calculation 111de blstd upon the Qualifying facility s proxi11ity to the nearest load or substation. It h possible in t~is scenario that 1 qualifying facility 1010uld find itnlf receiving 1 l~r ctpacity payMnt than i t 1010uld enjoy with the tranSIIis- slon cQ~~Ponent calculated in. The position of the lntnvtnors that Public Service CQ~~Pany should include 1 ~~tthodology for calculating lint loss or lint gain credits hu ~~trlt as an abstract proposition; however, In t 1s proceeding It 1s estab11shed that Public Service hu provided an appropriate calculation to COftiPtnsatt for this pa ~u ft-ctt with no provision for IIU' penaltln. ~.,..i...,.)', • 1 -..raw 1f• ........... .._,,. ....... ....,.. Length of Contrect 11 . loth Pu lie Service and Light, I n the r respective uri ffs, requ i re that 1 Qualifying facility .ust cOfltrect for 1 •lnl- of 20 years I n order to rectivt full upaclty pa~nt . Staff of tM C l u i o .-.e-nds that tht contract period be for 1 11 i nl -of 15 y ars . Many of tht i ntervenors s contrac t per i od s of or r dura- ton, I.e .. 10 years . 1 z. record In hh Ntttr ts abl h s It fa tll i t ts .. j bl f l t t d 0 IV I li ft Of 30 t ~ reco,.d tft 1S N tttr tsU l h s tnlt ,.,.loet u ll, C n 's cos ts for u pa ctty t~c ahtt wri"' t ·- I ' I • • • • a result of such 1 tems as replacement of older machinery with more expen· sive new machinery, all of wh ich goes i nto the c ap ital account. As such, ft fs reasonable that at lust once during fts lffe a qua lifying fac flfty should be able to upgrade the ff gure for f ts ca pa c! ty that it wfll be pafd by Public Service Company, since Public Service Com pany's own fac fl- fties experience sfmflar Increases over thefr 1 ffe . It therefore appears that the Staff's 15 year mfnfmum is reasonable, allowing a 30-year facfl- fty to be upgraded at least once, and possibly more times during the course of its productive lffe. Tht c-tsalon wf11 thus order that Public Service C~ny change fts-efnl-contrtct le~~gth to provide that Qfs receive full capacity PlY!Rnt for a 15 Yft" contra~t': • 13. For those facflftfes wllfch elect to contract bet>~een 10 and 15 years, the Staff proposal that they be paid a lesser capacity value than a facflfty contracting for 15 years has mer i t, f.e., it wfll avoid the phenomenon of a qualifying facfl fty rapidly escalating ft s capacity ch a rges to the utflftfes (and hence the customers), whfle at the same tfme creating an I ncentive to a qualifying facflfty to accept the hi gher capacity payments that are attendant to a 15-year mfnfmum contract. Accordingly , the C-fssfon wfll order that contrtctl betw.n 5 and 15 years fn length w1ll have tlll 'capaclty charge reduced by 51 for .. ch year that the contract 1s shorter than 15 yens to a point 110 1-Ulan a 5 year contrect. Below 5 years, the capacf~ c:lltrge will be reduced Q-lOS , for NCh yeer that the contract h for 1 ess than 5 years to a pof nt of • zero capacity credft for zero years . Energy Paynoents 14 . To be consistent, energy paynoents to the qualffyfng facfl- ftfes must track the same power plant (s) used to calculate the capac ity payments. Accord ! ngly, any use of energy costs fro. sources other than that source used to calculate the capacity payments can result fn fncor· rect IIM!Uur-nt of the true energy costs. Specifically, including purchased power costs, some of which 1011 be incurred f n the short run at below-cost rates, wllfch rates c annot be expected to continue fndeffn· ftely, can have the effect of artff fchlly depressing the value of the ffna energy recefnd fr~ qualifying flcflftfes . n..rtf-, ,..lfc •; Service CCJIIIIIny w111 be ordered to Milt Its -"iY ~nts tract tilt cost of tilt -"iY behlg provided by the f1Ypothetfc11 llllft!s1 sH"ta dltmlfN the capa city costs. In tllfs cue, till tfllttY costs "lltf to ,_ I are the •tt .,...,....,. to Cln't'WIItly dlttnal nt ene"i)' pay- -ts. loth Public Service and "-Light sha ll ,...va purchased ~r costs ,,.. their -"'Y ~t calculations . Si.,ltaneous Salts 15 . Fr~ the evidence of record, It 1s found that Public Strvfct and !'-l ight will be purchasing net power f,.. only category No. 1 quallfyfllg flcflftles, not flcflltlts In Category Nos. 2, 3, or 4. Accordhgly, the lf•ftatlon found on tadff page P·l, 11•1tlng net salts to only Category s . 2, 3, ud 4 appetrs to be f n trror. lifO Ott, PWllc Service and"-lltllt slloll1d be ordered to-that prw!"* ,,... tac:ll tariff, a iiCI con"9Ct the net ~r Hllftatfllll trwly Cttttory lo. 1 10-5 twl. Cltttoi"Y los. r, 3 aiiCI 4 sMu1d &e·~ afw1tu-- -• purchases and Silts . II. .; 'al lf t fe ll ed to .,. Strvlca li ng I • • , • • • rates, i.e. , charges for transport! ng the energy to an other utility over the Public Service grid. This would enable a qualifyi ng fac ility nearest the Public Service grid to sell Its output to another utility wh o might need the power, merely pay ing Publ ic Service for the transportation (i.e., 'wheeling "). C011111 i ss ion cogeneration rule 3.404, states in app li- c able part: '***charges, if any, for trans111ission shall be subject to agreement between the transmitting utility and qualifying facil i ty . • Accordingly, the filing of wheeling rates 1s not required by the COIIII 1s- sion's cogeneration "les. Mltc ~ arid,.. tlglit sllould not be required to file such tariffs . Category No . 2 Meters 17 . In add iti on to noeterlng required for billing purposes, Publ ic Service and Hoole Li ght propose to Install 1 demand-Indicating wat t hour 10eter at the qua 1 i fy l ng facill ty' s expense. The purpose of the additional ~~eter 1s load research, s~thlng of benefit to Public Ser- vice , Home Light, and ratepayers generally, but not of direc t value or noeanlng to a qualify i ng facil i ty. Qualifying fa ciliti es should pay the costs associated with their presence on the syste~~; however , they should not be required to subsidize the general operating expenses of the util- Ity, to Include load research. Accordilltly, the requfr·-nt that Cate- gory llo . 2 qualifying facilities pay for dMand Mters in addition to norMl bill i ng Mters should be deleted. Operating Circuntstances Clause 18. On Page Pl6-A in Rule 4, Public Service and Home light assert 1 right to refuse purchases frooa qualifying facil iti es where the costs exceed those which Public Service or Holle light would I ncur if they purchased the power elsewhere. In effect, thh would c011pel qualifying faci11 ties with 1 ong-tel'll contracts to c011pete wl th short-te"" dUIIP power, and wl th short-tem purchased power. Thh tar! ff prov1s ion shoul rt be deleted for Public SerY1ce's and HOM Light 's tariffs because COOIIII1s- s1on Rule 3. 701 pertains only to light loading situations w'!ere Public Service and Holle L1 ght would be requl red to shut down base 1 oad unl ts to purchase QF power . Rule 3. 701 does not apply In other clrc~o~~~~stances where Public Service and HOllie Light are able to obtain or generate power at less than avoided cost. These provisions should further be deleted because the evidence of record In this proceeding establishes that Publ1c Service will .void capac ity and energy In the long run by virtue of qualifying facility purchases, and the above contention of Public Service looks to the short-run view of avoided ca~clt.l' and energy costs . 11. PSCo al\4 Ito. lffllt also s tate thet tlle.l' lntefld to hoc:lMt In their Urfffs f11.cl as the consequence of tills decllfllfl, pf'tlfft1.....- W111cfi would authorize a 110rator1• on the purchtH oP etii'City 1111 froa Qfs if such .auld not avoid capatlty or -rty . Sllctl I p~ I al so looks to tilt short-run v11W of nolded capacity a nd -1"111· Accord-. l119ly, Psto and IIOIIt Ltallt Ifi ll .~ htre1n oNit~ to t 111t1udf'S\Jcll ; provisions in their refiled ttr"fs. Bas 1s of Pay,..nts 20. In tlltir tariffs, PUbliC StrYICI and ..... Lifllt u .... t that, "Purchases of capa city and enerty b.l' COIIptf11 shall lit Mdt 111111,. after t t~fsslon 1111 autllorfZtd COIIptl!)' to r 1 ·I· f~ Its cust-rs througll eo.paf11'1 btst rataa • " • • loth Pu lie Strv1ct and HOM lfg t a,..~ to purcllut quallf.l'f"t tacillty capacity and tntr!l1 . o wa~spach l c-tulofl approval, upaclally -10- , , I • - ( • • ,. • for incorporat i on into base rates (which usually occur in annual rate cases), can delay QF interconnection, and payments to a qualifying facil- ity for a year or more. This has the backdoor effect of chilling the development and use of qualifying facilities. There was no showing by Public Service and Home Light that vendors of other goods are treated in the same manner that they propose to treat qualifying facilities. Public Service and HOlle Light have alternative remedies to recover these pay- ntents; thus no c011pelling reason requires qualifying facilities to wait up to a year for payment. PSCo and Home Light also request that QF pay- ments be included i n the electric adJU~tMnt clause . :X.»ft~d also bt denfe4 beceuae tile ECA fs •t.IM _,..,,.tate 11 tfim ·~nti,1 21. Public Service C0411Pany's i ndependent power production policy tariff sets forth four cote orin of rates for qualify i ng facil- ities based upon their size . ~~GIIII~"~~IIIfl siiOUld be added to tllfs rf ff 111111~ --rr ·"1't&..i.fitua,.. • r-;.· ··• M..: ~ · ~ q~~i'(1fying tacflityl;-~" tiilon air~'$ w~conJN~tft'l . IIU!Idl.lll.411&1..-.Jtfit.L flf~ .k IIIICI.JLI~~ tile utility -tliin.otller qualffying facf tfes in tile •-c:aU901')'.· Should any quali- fying facil i ty believe that it is 1110re valuable and desires to change categories, i t should be allowed the opti on to do so, and in so changing the Qf will be required to ass.-the burdens of such changed c ategory, such as lll!terfng costs, with the attendant right to change back to i ts previous category one ti•. Public Service and Hc.e Light will be ordered to add such a provision to their i ndependent power production policy tariff . 22. Staff of tile Con~ission contends that the r.cord of this proceeding provides suff i c ient data to establish a s eciffc c apa ci ty and energy avoided cos t rate for 1983. 1M '" iii;eN. ~s ...... i ... ~~~~;=-tNt tlle"' • S11/llw.-.1:1r llt"f. ftlr i'IV'&R' ~~~t1i sliOu Q --IN I.,. c61t rate._ Pullllc Wtt"W ...,_ Lfgllt for lMS. 23. Energenics contends that no evidence of r.cord ... s p,..- sented to support PSCo ' s arg-nt that i ts fi ud chuge rate takes account of phnt retireMnts and rephc~nts . After review of the record of this proceeding, the C~ission f i nds that evidence ,.., sub- •itted herein wf th respect to tills Issue: sH Exhibit C, preffltd testi- 110111 of Pub lic Service wi tness ,Giddings, and di rect testiiiOnY of witnus Giddings at trtnscript Vol-2, pp . 13-14 . Also see cross-ex•ina ion of witness Giddings a; transcr i pt Vol-2 , pp . 159-227 . M appropriate Order wf 11 be tntered. TH[ CO*!SSI OII ORDERS THAT : 1. Public Service a nd ~ Light and P r Ca.c~a nY shall 1'80ve fi'Oa their c alculations of avoided capacity cost a ll figures usochted with pure taed r, tnd a t il recc.pute their avoided capacity costs using t c ~ tl-nts of '' I anocllted with Pa wnM It, 11 nuhted, and e proposed costs assoc iated with Pa II, to Inch raft .. hsto" c nt, to te._l tlr avoid d CIPfCity cosu . P lie Service and i t a ll tho 1111 thlfr proposed cos of capfUl '"' tf ad c • tt._f elr avo ided costs . ·11· t • • • • • 2. Public Service Company and Home Ught and Power Company, in their refil@d tariff she@tS p@rtaining to cogenerators and Slllall powr produc@rs, shall chang@ such to reflect a 70'S 1110nthly average capacity factor during both on-peak and shoulder hours, and for on-peak hours, for Cat@gories 2 through 4, and such tariff shHts shall also be chang@d to S@t forth a 1983 capac! ty rate of $18/kwh/IIOnth and 1. 71 t/kwh for energy. Such tariff sheets shall also reflect that the foregoing 70'S capacity hctor shall be calculated on 12 S@parate monthly computations. 3. Public Service Company and Home Light and Power C0111pany shall change their tariffs to reflect a 15-year 111ini111U111 contract period, for full pay.ent of capacity to any snoall power producer or cogenerator, wl th 5\-per-year reduct! ons in capacIty pay.ents to a period of no 1 ess than 5 years. Below 5 years, capacity pay.ents shall be reduced by lO'S per year. 4. For purposes of deteMIIining energy pay.ents, both utilities shall currently use the energy costs associltad with PawnH I, until such thoe as Pawnee II comes on line. No purchased power figures shall be used to deteMIII ne energy costs. 5. Both utilities shall reooove the net powr li•ltation for Category Nos. 2, 3, and 4 from thei r tarHfs,and thus allow si.ultaneous purchase and sale of electric energy in these categories. 6. Public Service C0111pany and HOM Light and Power COIIIPany shall re110ve from the ir tariffs all requireMents that qualifying facil- ities pay for deNnd noeters in addition to, or in lieu of no,.l billing •ter costs. 7. Public Service Company and Hollie Light and Power Company shall re110ve f~ their lillllll power production and cogeneration tariffs, provisions to refuse purchase of energy and/or capacity where costs uceed those which the utilities would incur if they purchased else- where. No provision shall be placed in said tariffs which would author- Ize Public Service Company and Holle Light and Power Cooopany to not pur-;- chase energy or capa city from any 1i111111 power producer or cogenerator if such purchase would not avoid energy or capacity. 8. Public Se rv itt CQIIPa ny ud HOlle L i gh t 1 nd Power Company shall r...ove from their tariffs any requir-nts that qualifying hc11- it1u .,st walt until Public Service Comp any or HOlle Light and Power CQ~~Pany obtain c-1ssion approval before tht utility will pay for capa- city and/or energy, and a specific rate increut has first been granted. 9 . Public Service Company and HOlle Light and Power Complny shall .odlfy their independlnt power prodiiCtion policy tariffs to add 1 provision lch lltill all any qualifying facilitY to change Its status fro. 1 1 r to 1 higher catagory qua11fylnt facility at its discretion. Afty sue qualifying fac11 tty electing to ch11191 status shall us all fil\anclal burdens of siiCh ch.ange and •1 ly c l"ff status -tf , aNI •1 chan 1 s status bat to its ori ti"'l ca gory o ti•. ·ll· • • • • ,1. -·~e e<:?ot~on s fil~d on :!ovec::,l!r 23, 1?83 . !:l 1.ec;jr.;-;en~e:! 0@c i s i on tlo. R83-1701, by Staff of the C011111ission, Public ServiC@ Company and Home Light and Power Company, and Energen ics, Inc. to the extent consistent wi th the fo regoing decision and order, are granted, and other- wise such are overruled and den ied. 12. The twenty (20) day time period prov id@d for pursuant to CRS 1973, 40-6-ll4(1) within which to f11e an app lication for rehearing, reargument, or reconsideration shall conwnence to run on the first day follow i ng the ma ili ng or serving by the CootD1ss i on o f th@ dec i s ion here!•. This Ord@r shall be effective thirty (30 ) days from the day and date hereof . DONE IM OPEN i~EETING the 17th day of J anuary, 1984 . (S E A L) THE P\JBL!C UTILITIE S COI'I41SSION -OF THE STATE OF COLORADO ~t?t ·-£. ATTEST : . A T~U COPY Ha~r;( G& 1ig:~4 . Executive Stcreury EDYTHE S. MILLER ANORA SCHMIDT C01111iss i oners COMIIISSIOHER DANIEL E. MUSE ABSENT BUT CO~ICUR'\I~r, IN RESULTS. ·U· • , I • • • • - C 0 U N C I L C 0 M M U N I C A T I 0 N DATE February 1, 1984 AGENDA ITEM 8 (a) INITIATED BY City Manager SUBJECT SIX-QUARTER BUDGET JAN., 1984 THROUGH JUNE , 1985 ACT I ON PROPOSED Consideration of adopting a resolution for the Six-Quarter Budget January , 1984 through June , 1985 BACKGROUND The Public Improvement Fund (PIF) Six-Quarter Budget p r ocess was adopted in the summer of 1973. The essence of the Six-Quarter Budget is that the City has a continuing budget whi ch extends one-and-one-half years into the future. Every quarter, the City Council reviews and analyzes this budget, and if p r ojects are delayed due to unavoidable circumstances , they are dropped back in this budget, wh ile pro)ects ready to go are moved forward. The most current r v nu forecasts are used , and if additional funds become available, specific pro)ects could be moved forw rd and compl ted ahead of schedule or a new or emergency pro)ect could be dd d. 1983 YEAR-END ADJUSTMENTS d a $31 ,500 defici in 1983; and , ccord1nq to our finance have a year-nd d ficit. This situation w s cr a ed by: us the $27,500 before the end of the year tor the repairs for th m; 2) More concrete n d d to be removed along Sou h dway pr1or to ro om1ll1ng than an 1cipat d; th refore, $4,000 will be n eded the PIY balance. The $4,000 will be paid back to the Ci y hrough A s para e resolution is t ach d for this i a nd s purcha Act d p r Counc11 1 purch u • 3 or aax1 only $17,500, ot h1ch ) I • - • • • • • -2- 1984 CHANGES Road & Bridge project, which is the annual asphalt overlay and sealcoat program to maintain our streets, was increased by $21,652 in the first quarter. These funds are available due to revised figures from Arapahoe County. The 1984 budget anticipated $140,000 from the County; the County has now determined our 1984 share to be $161,652. Housing Rehabilitation program received $100,000 from the PIF balance in the first quarter to pay administrative costs if the new block grant is approved. Paving District No. 30 is the first year of th ten-year paving district program to improve all remaining streets in Englewood to meet the City 's standards. $400,000 is appropriated in the second quarter in accordance with the adopted 5-year plan. PIF balance as of December 31, 1983: Less pool cover for Community Center (fro lottery fund rev nues l Less EURA Admin. budget Less Housing Rehabilitation New PIF b lance this qu rter RECOMMENDATIONS: $316,899 12,000 111,899 100,000 $ 93,000 Th se Resolutions which adJust the Public I~rov ... nt Fund as described abov are 4 ch d for your consid ration • SUGGESTED ACTION: HOVED BY __________________________ __ SECOND ____________________________ __ YES ____________ ~O·------------J'e NT ______________ _ • • • • • RESOLUTION NO. SERIES OF 1984 A RESOLUTION AMENDING THE PUBLIC H.fi>ROVEMENT FUND. WHEREAS, the City Council of the City of Entjlewood, Colorado, desires to make certain changes within the Public Improvement Fund; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Englewood , Colorado , as follows: 1984. A T: Section l. The following estimated revenues and appropriations of funds are hereby made in the Public Improvement Fund: Source of Funds Reg~onal Transportat ion Dist. Fund Balance Total Application of Funds Snow Plows Sidewalk Repair Total Sec ion 2. $27,500 21,500 $49,000 $17,500 31,500 $49,000 The C~ty Manager and Director of Finane are hereby authorized to make the above changes to the 1983 budget of the City of Englewood. ADOPTED Aim APPROVED this (p t_A day o ~ is, Miyo r • • • • -2- I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No. ~, Series of 1984. Gary R. H~gbee • - ( • • • • RESOLUTION NO. Series of 1984 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. WHEREAS, the City Council of the City of Englewood, Colorado, desires to make certain changes within the Public Improvement Fund; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Englewood, Colorado, as follows: 1984. ATT T: Section 1. The following estimated revenues and appropriations of funds are hereby made in the Public Improvement Fund: Source of Funds Arapahoe County Road and Bridge Fund Balance Total Application of Funds ~ieele B•y ~neli Housing Rehabilitation Ro d and Bridge Total Sectl.on 2. $ 21,652 100,000 $121,652 ~(,le,QQQ,9991 le,999,999 100 ,000 21,652 s 121.652 The c~ty Man g r and Dir ctor of Fin nee are h reby uthor~z d to m k th abov ch nges to th 1984 budget of th C~ty o wood . ADOPTED AND APPROVED thia d y o 4~, yor • -• • • -2- I, Gary R . Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foregoing i7 a true, accurate and complete copy of Resolution No. ~' Series of 1984. Gary R. Higbee • • • • - 0 51 X OOo\R'J7;R BliXZr October, 1983 through !'larch , 1985 lSI'. EXP . PlnJ. lSr 2lll )Ill) 4'ni TOTAL lSr 2 PlnJ . Ai'PiO . JW.. JW.. Q'I'R . Q'I'R. Q'I'R. Q'I'R. APPilO. Q'I'R. Q'I'R. ~ ~D. ~D . ~3 ...!!!.! 1984 114 .!2!! ...!!!.! ~ 1 85 $ us,ooo $ 414 ,421 $ t07 ,889 $ 6 ,532 $ 0 $ 0 • 0 $ 0 $ 0 $ 0 $ 0 +i"'(),OOO 1 , 757 ,41) 1,329 , 753 t27 ,660 ..,, 0 ... 0 ~ I 0 0 II• tl 0 0 '~, 180,000 150 ,000 20,599 l29 ,t01 0 0 0 0 0 0 0 50,000 48 ,1167 48,70) 164 0 0 0 0 0 0 0 135 ,000 llS ,OOO 1,816 lll ,114 0 0 0 0 0 0 0 1 ,016 ,000 796 ,150 79),454 2 ,696 0 0 0 0 0 0 0 200 ,000 200 ,000 0 200 ,000 0 0 0 0 0 0 0 625 ,000 297 . 5'10 ,48 2 49 ,101 21, 52 215 ,000 0 0 ,6 2 0 0 85 ,000 85 ,000 11,)7) ),627 0 0 0 0 0 0 0 11 721,300 395 ,150 356 ,923 38 ,927 0 0 0 0 0 0 0 Ill 1,100 ,000 1,100,916 1,019 ,t05 11,511 0 0 0 0 0 0 0 10 ,000 30,000 61 ,410 (ll,U O) 0 50 ,000 0 0 50,000 0 0 32 ,000 30,000 4 29 , 0 0 0 0 0 0 0 41,000 48 ,000 47 ,107 19) 0 0 0 0 0 0 0 33 ,000 lJ,OOO 30 , 2 ,732 0 0 0 0 0 0 0 2,000 2 , 0 2,000 0 0 0 0 0 0 0 200,000 100, 0 100,000 100,000 0 0 0 .ooo 0 0 100,000 75,000 51,60) 16, 7 0 0 0 0 0 0 0 4, 743,000 4,651, 4,U2.076 511, 4 u. 0 0 0 U, 0 0 60 ,000 60, 0 60, 0 0 0 0 0 0 0 120,000 U!t, ,)25 0 0 0 0 0 0 0 lt, 1 • 0 0 0 • 0 0 0 0 l,OlS, 0 0 2, 0 0 0 • 0 0 ), 0 0 • 0 0 • • 1, 0 • • • 0 • • • • 0 • • 0 0 • 0 0 • 0 m. • 0 Cl • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJECT January 30, 1984 9 ~ ,· APPOINT MENTS TO BOARDS A D COMMISSIO N INITIATED BY ACTI ON PROPOSED Mayor Eu gen e L . Ot is and City Council Official appointments to various city advisory boards be confirmed by the Mayor and Members of City Council It is the desire of City Council that the following appointments be made as designated: Board of Adjustment and Appeals CHESTER HALLIGAN, 4412 South Grant Street Reappointment to four-year term expiring February 1, 1988. RONALD H. FTSH, 2771 South Pearl St reet Four-year appointment expiring rebru ry 1, 1988. C re r Service Board Court THO~S R. FITZPATRIC , 3155 Sou th coma Street rour-y r ppointment effective Mar ch 15, 1984, expiring March 15, 19 8 ou U08 t r 1, t bru ry 1, 1 Ft ru r • 1, I • • • • ' t' - 2 - ( Planning & Zoning Commission (continued) RANDAL (RA DY ) MAG USON, 3330 South Corona Street Four-year appointment expiring February 1, 1988. Library Board ALFRED M. QUAI NTANC~, 4760 South Mariposa Street Reappointment to four-year term expiring February 1, 1988. GERALD A. SAMPSON, 3275 West Chenango Avenue Four-yea r appointment expiring February 1, 1988. JOHN PETERSON, 3963 South Cherokee Street Four-year appointment expiring February 1, 1988. BRUCE HOGUE, 3844 South Grant Street Appointment effective immediately, expiring February 1, 1985. Retirement Board LEROY DAVAULT, 3291 South Emerson Reappointment to four-year term expiring Febru Jry 1, 1988. MILLARD F. BOLING, 4910 South Lipan Drive Reappointment to four-year term expiring February 1, 1988. Wat r & Se wer Board WILLIS F. RESLEY, 3540 Sou th !arion St reet i -ye ar appointment expiring February 1, 1990. lt i the Mayor' desire, with Council's co n cur ren ce, t o make th e following ppointment to: ES TOTTO . , S outh Cherokee Street ppo1ntm n effective imm diately, expir1ng Febru ry 5, 19 6. SUGG STED ACTION: t llampden venu medi tely to erve v D av ______________ _ S CO ND--------------- y 0 SENT • . 1 \:ern 11b r •