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Home My WebLink About1984-04-02 (Regular) Meeting Agenda• • • • • 0 City Council Meeting -Regular April 2, 1984 \ • • • • • • ~~il~~ ~ :it-.Hf, / <_ta; ~ (f)~~ft 14, /'{;) 10,17 • 0 0 I . • - ( • • • 7:30 P.M. • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL APRIL 2, 1984 /~ ,(9.t- Ca11 to order, invocation, pledge of allegiance by Boy Scout Troop 1115 and 1154, and roll call. c~. 1. Minutes. J (a) Minutes of the regular meeting of March 19, -f'QT 1984. (Copies enclosed.) ~-~~(b) Minutes of the special meeting of March 26, 6Lf1r~ . 1984. (Copies enclosed.) 2. Pre-Scheduled Visitors. (Please limit your pre- sentation to 10 minutes.) (a) Mr. Jim Taylor, 3709 South Sherman Street, will be present to discussion the Lion's Club Train at Belleview Park. Other Visitors. (Please limit your presentation to 5 minutes.) 4. Public Hearing • (a) Ordinance approving the cost of construction and repair of sidewalks, curbs, and gutters in the City of Englewood and confirming the apportionment and assessments of said cost to each lot or tract of property fronting upon the same and prescribing the manner of col- lection and payment of said assessment. (Copies enclosed.) • I • • • • • • Page 2 April 2, 1984 Agenda 5. Communications -No Action Recommended. (a) Minutes of the Court Advisory Committee meetings of December 15, 1983 and February 27, 1984. (Copies enclosed.) (b) Minutes of the Board of Career Service Com- missioners meetings of January 19, February 9, and February 13, 1984. (Copies enclosed.) (c) Minutes of the Board of Adjustment and Appeals meeting of February 8, 1984. (Copies enclosed.) (d) Minutes of the Planning and Zoning Commission meeting of March 6, 1984. (Copies enclosed.) (e) Minutes of the Public Library Advisory Board meeting of March 13, 1984. (Copies enclosed.) (f) Minutes of the Downtown Development Authority meeting of March 14, 1984. (Copies enclosed.) 6. Communications -Action Recommended. ~ 7. (a) Letter from Mr. Clete Gasson, Chairman of the EDDA, to Mayor Otis concerning his resignation from that Board. (Copies enclosed.) Council Communication from the Water and Sewer Board concerning Cherry Hills Rancho Sanitation District Supplement 12. (Copies enclosed.) Council Communication from the Water and Sewer Board concerning Greenwood Village Supplement 18. (Copies enclosed.) City Attorney. Ordinance on Final Reading. (a) Ordinance approving an easement to South Suburban Metropolitan Recreational and Park District, a quasi-municipal corporation, for the Colorado Demonstration Trail. (Copies enclosed.) • I • • - ( ( • • • • Page 3 April 2, 1984 Agenda 7. City Attorney (Continued). Bills for Ordinances. (c) (d) / ~~ vV (e) Bill authorizing "First Amendment to Agreement between the Cities of Littleton and Englewood, Colorado, for Joint Wastewater Treatment Facilities• to jointly operate the Joint-Use Wastewater Treatment Facility. (Copies enclosed.) Bill approving an easement to South Suburban Metropolitan Recreation and Park District, a quasi-municipal corporation, for the Recreational Trail on South Platte River Drive between Bates Avenue and Hampden Avenue. (Copies enclosed.) Bill amending Chapter 5, Title XV, Section 5, of the Englewood Municipal Code, 1969, as amended -Pretreatment Ordinance. (Copies enclosed.) Bill approving the whole cost of the improve- ments made within Paving District No. 29, in the City of Englewood, Colorado; approving and confirming the apportionment of said cost to each lot or tract of land in said cost against each lot or tract of land; prescribing the manner for the collection and payment of said assessments; and declaring an emergency. (Copies enclosed.) (f) Resolution authorizing the notification of property owners of assessments within Paving District No. 29 and establishing a date for a public hearing on the assessments. (Copies enclosed.) (g) Resolution endorsing the implementation of a wastewater pretreatment program for the publicly owned treatment works, commonly referred to as the Bi-City Treatment Plant and the Englewood Sewer Treatment Plant, located at the City of Englewood, Colorado. (Copies enclosed.) Other Matters. (h) Defendant's Motion for Stay of Judgment - City of Englewood v. Albert R. Rich, et al. (Copies enclosed.) I • • - ( • • • • Page 4 April 2, 1984 Agenda AM/sb City Manager. (a) Resolution amending the General Fund -Library Consultant Services. (Copies enclosed.) Council Communication from the Director of the Wastewater Treatment Plant concerning an award of contract for the Englewood Wastewater Treatment Plant Expansion. (Copies enclosed.) Council Communication from the Director of Wastewater Treatment Plant concerning the purchase of Liquid Oxygen Vaporizer. (Copies enclosed.) Council Communication from the City Manager amending the 1983 General Fund -Fire. (Council Communication and Resolution enclosed.) (e) Manager's Ch~i~ .. ~ · ~~ 9. General Discussion. (a) Mayor's Choice. (b) Council Member's Choice. • I . - • • • • AGENDA ITEM PRESENTED BY ------ . ~g a..W.<?J""" ~"" ~ <£e.ouJ-~,p_I/S'J-#t.f'(- ~~lll~~ tilL~ {~;;;:::_ ROLL CALL Moved Seconded Hlq<lav Neal Vobe 1da Weist Bi lo Bradshaw Otis MCYriON : • Ayes Nay Absent Abstain • I . . • • • t .. -• -..__ __ .....:_·.:_:'---=-==-:c..-,-- AGENDA ITEM -----PRESENTED BY --------- ROLL CALL Hoved Seconded Ayes Nay Absent Abstain Hiadav .... NeaT ,...... Vobe,da ,.,.... Weist t-- Bi lo ~ Bradshaw v Otis 1.---- MOTION: I • • • • • - • • AGENDA ITEM PRESENTED BY Moved Seco d d n e Ayes Nay Absent Abstain I. IQdav Neal I -1 -Vobe da -Weist -v Bi lo -~ -y L Bradsh- 1- - Otis ....., __. M<Yl'ION: I • • • • • • • AGENDA ITEM -----P RESENTED B Y --------- /b ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hladay NeaT - Vobe 1da Wei st -~ Bi l o -v Br a ds h-- Ot is MOTION: I • • • • • • • ... • a. -• -...... AGEN DA ITE~ PRESENTED BY ---- Moved Seconded Ayes Nay Absent Abstain HIQday ~ v Neal --, Vobe1da -WeTst -Bllo ~ v Bradshaw ~ Ot i s - • I . • • • • • • AGENDA ITEM _c3-=-_;_· __ PRESENTED BY --------- ~- ROLL CALL Moved Seconded Ayes Nay Absent Abstain HlgCiay Neal Vobe1da Weist Bllo Bradshaw Otis MOTION: I . • • • • • AGENDA ITEM -1 a_ PRESENTED BY --------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlqelay Neal v-Vobe1da Weist Bi lo v Bradshaw Otis MOTION:~ I • • • • - • • .... -& .-._ .. AGENDA ITEM ---PRESENTED BY ----- Hoved Seconded Ayes Nay Absent Abstain HIQday Neal Vobe,da Weist Bllo Bradshaw Otis MOTION: I . • • • • • AG ENDA ITEM --P RESENTED BY --- Hoved Seconded Ayes Nay Absent Ab t 1 s a n Hfgday Nea Vobe]da Weist Bllo Bradshaw Otis MOTION: I . . • • • - • • .... . AGENDA ITEM -----PRESENTED BY --------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain H lodav -...... Neal -Vobe,-da - Weist -Bllo Bradshaw - Otis - MOTION: cJ_ lfl.L.- I • • • • • - • • AGENDA ITEM -----PRESENTED BY --------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain MCYI'IO N: I • • • • • • • ./ -o AGENDA ITEM \_) t:(_ -~ 6 PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain 111gaay _~;" Neal -Vobe1da -Weist -Bllo -v Bradshaw Otis -- I • • • • • - • - AGE NDA ITEM PRESENTED Blh C..~ ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday -Neal v Vo be1da Weist -Bi lo v-Bradshaw Otis I • • • • - • • .... ... AGENDA ITEM b b tl 6 C!-PRESENTED BY In(.. ~ ROLL CALL Hoved Seconded Ayes Nay Absent AbstaIn Hlgday -or ,. Nea__l -~ --"" Vobe]da Wel_ st -Bi lo Bradshaw Otis - I • • • • • • • AGENDA ITEM -----PRESENTED BY--------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlqday Neal v Vo be1 d a Weist Bi lo v Bradshaw - Otis MOTION: I • • • - • • .... -... - AG ENDA I TEM ~ ~ PRES ENT ED BY & ~ ROLL CALL Hoved Seconded Ayes Nay Absent Abstain Hlqday Neal Vobe1da Wei st v Bi lo v Bradshaw Otis I • • • • • • ~ --.- AG ENDA ITEM -----P RESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday -Neal -Vobe1da Weist -v Bllo ........ Bradshaw -Otis I • • MOTION:~ uo 15~ II~-.. • • • - • • ~-- AGENDA ITEM -----P RESENTED BY --------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday Mea_! VObEUda • We_!s t Bi lo Bradshaw -Ot i s - MOTION: • I • • • • • • • --.. ·· AGENDA I T EM ~1__._b£-_ P RE SENTED BY a~ ~ ROLL CALL Moved Seconded Abstain IITQday Neal Vo beida Wei s t Bllo Bradshaw Ot is MOTION : ~ l~ .J;t I 3. I . • • • • • • .. ----·. - ROLL CALL Moved Seconded sta n Ayes Nay Absent Ab 1 Hlq<lav v Neal Vobe1da We 1st Bllo ...... Bradshaw Ot is MCYI'ION: Q43 -tt I 3 ~ p:.. ~4..:< I . • • • • • • .. --- AGENDA ITEM -----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain HlQdav Neal Vobe1da Weist Bi lo p Bradshaw Otis I • • • • - • • t -. -· - AGENDA ITEM -----P RESENTED BY -------- y~£~ ROLL CALL Moved Seconded HlgCiay -Neal v Vobe1da Weist Bi lo v Bradshaw -Otis -MOTION:~ • I • • • • • AGENDA ITEM -----PRESENTED BY --------------- ROLL CALL Hoved Seconded Ayes Nay Absent Abstain ~ Neal - VobeJda Wejst _81 lo - Bradshaw -Otis - MOTION: I . • • • • • AGENDA ITEM -~'-----'~=---PRESENTED B Y ~ ~ ROLL CALL Moved Seconded Ayes Nay Absent Abstain 111goay Neal Vobe1da Wei st v-Bllo v Bradshaw OtIs MOTION: c.__ B • I • • • • • - • • AGENDA ITEM ----- PRESENTED BY--------- ROLL CALL 11oved Seconded Ayes N.y Absent Abstain ~ y-He a_! vob!U_da Wl!.!_st r- Jlllo ~ Bradshaw Otis MOTI ON :~ • I • • - • • ---- AGENDA I TEM ----------PRESENTED BY ---------------- ROLL CALL Moved Seconded Ayes Absent Abstain l'llgday Neal -Vobe1da Weist -Bllo Bradshaw Ot i s MOTION: • I • • • • • • AGENDA ITEM 7£ ----'~~"----P RESENTED BY d ~ ROLL CALL Moved Seconded Abstain ~I!Y_ ~ Nea_!_ -.k:::_ Vob<U_da We_i_st __l_l lo ~ Bradshaw Otis MOTION: I • • • • • - • •' • -~_.._ AGENDA ITEM _]...._e__,.=--PRESENTED BY ,&..e.. ~ ROLL CALL Hoved Seconded Abstain _HI_g_CI~ Neal -,_ Vobe1da Weist Bi lo ,._.. Bradshaw Otis - MOTION: ~ J:J. ( (p • I • • • • • • P RESENTED BY --------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlg<lay ~ ......... Neal -vobe 'da - Wei s t Bi lo - v Bradshaw Otis - M<YriON: ~ Ji;, I 0 I • • • • • - • . . • PRESENTED BY &.. ~ ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlg<laY Neal -c..---Vobe1da Weist -Bllo -.........-Bradshaw Otis M<JriON: p~ 'fl. 1\ I . • • • • AGENDA ITEM 1 L PRESENTED BY ------- ~~~m~~ r-OJ.VW t V-=-~ [;;w..._ 1/-1 3-r!{J ~ t-~ ~~ b-18 (/riA..c ~ • ROLL CALL Hoved Seconded Ayes ~y Absent Abstain Hlgdav Neal Vobe1da Weist Bi lo Bradshaw Otis MOTION: • I . • • • AGENDA ITEM -1+-.AL-...-<!.....--PRESENTED BY ROLL CALL Hoved Seconded Ayes Nay Absent Abstain IIT"Qaay __, Neal -v Vobe1da - Weist - Bllo -v Bradshaw ---Otis - I • • • • • • AGENDA ITEM P RE SENTE D BY ------------ ROLL CALL Hoved Seconded Ayes Nay Absent Abst I a n H~gday -Neal V" Vob~da -Wei s t -v Bllo Bradshaw Oti s MOTION: I . • • - • • • • • AGENDA ITEM ----P RESENTED BY ------ 1' A-. c(~ v s ~ -~~~ --1 --t &~ ~J s~-... ~ ~~~r~ ~-{/LA.f ~ c:t4< ~~· f~~ /{-(~. ROLL CALL Moved Seconded Ayes Nay Absent Abstain H'iQdav Neal Vobe,da Wei s t Bl lo Bradshaw Otis MOTION: • I . • • - • • AGENDA ITEM g~ PRESENTED BY ROLL CALL Moved Seconded Hlgday -Neal - Vobe1da Weist - &.--Bllo -,.... Bradshaw - Otis MOTION: I • • • • • • - AGENDA ITEM (j? ~ PRESENTED BY !tic_~ Hoved Seconded Ayes Nay Absent Abstain Hlgday - v-Neal - Vobe1da - Wei s t Bllo -v Bradshaw Ot is - I . • • • • • PRESENTED BY -- ROLL CALL Moved Seconded Ayes Nay Absent Abstain I I ~!L Nea..:, "' "' -i I VOb~Uda I we.! st I ..R.i lo _] .... Bradshaw ..1 ..1 c .l ..1 Otis MOTION: I . • • • • • • AGENDA ITEM g c._ P RES ENTED BY~(....~ ROLL CALL Moved Seconded Ayes Nay Absent Abstain HIQday ---. v Neal ~ Vo be1da -WeTst Bllo -v Bradshaw - Ot i s - I . • • • • • • AGENDA ITEM ~ PRESENTED BY a~ ROLL CALL Moved Seconded Ayes Nay Absent Abstain ~'!i - .!:::::... Me'!_!_ - vobe~da We..!,St _!!_llo ..!:::. Bradshaw -Otis - • MOTION: !lw -::# ~~ I • • • • • • • AG E NDA ITEM ----------PRESENTED BY ---------------- ROLL CALL Hoved Seconded Abstain Hlgday Neal Vobe1da Wei s t Bllo Bradshaw Otis MOTION: I • • • • - • • REGULAR MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado March 19, 1984 /()_ The City Council of the City of Englewood, Ar a pahoe County, Colorado, met in regular session on March 19, 1984, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Reverend George I. Welch, Saint George's Episcopal Church, 3600 South Clarkson Street. 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: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. * * * * * * * Also present were: City Manager McCown * * * Assistant City Manager Vargas City Attorney DeWitt Director of Community Development Powers Deputy City Clerk Owen * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF MARCH 5, 1984. Council Member Bilo seconded the mo- tion. Upon call of the roll, the vote resulted as follows: Ayes: Nays: Abstain: Council Members Higday, Vobejda, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. * * * * * * * • I • • - • • • • • March 19, 1984 Page 2 COUNCIL MEMBER VOBEJDA MOVED TO APPROVE THE PROCLAMATION DECLAR~ ING THE WEEK OF MARCH 18 -MARCH 24, 1984 AS "DEMOLAY WEEK." Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: DeMolay. Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Mayor Otis presented the proclamation to representatives of * * * * * * * There were no other visitors at this time before Council. * * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE ENGLEWOOD DOWNTOWN REDEVELOPMENT PLAN. Coun- cil Member Weist seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. Mayor Otis stated the purpose of the hearing was to consider an amendment to the Downtown Redevelopment Plan. The amendments consisted of major changes to the text of the Plan that resulted from a change in the developer's proposal for downtown Englewood. The changes would be outlined in more detail by Susan Powers, Director of Urban Renewal Au- thority. The other change is that the Urban Renewal Authority was re- commending that additional properties would be listed in the Plan for acquisition by the Authority. The only properties considered at this hearing were: 3401 South Bannock Street 3415 South Acoma Street 3427 South Acoma Street 3447-93 South Acoma Street 3448-90 South Acoma Street • I • • ( • March 19, 1984 Page 3 • • .. Mayor Otis stated if Council decided to list the properties for acquisition, then it was the responsibility of the Urban Renewal Au- thority to negotiate a purchase price with the owners of the properties. All tenants would be provided relocation benefits as outlined in the Urban Renewal Authority Relocation Handbook. It was not the responsi- bility of the City Council to consider the purchas e price of properties or relocation benefits. Mayor Otis asked that speakers confine their comments and ques- tions to the amendments of the plan as previously mentioned. Mayor Otis stated at the end of the public hearing, the Council would receive a recommendation from the Urban Renewal Authority to list additional properties for acquisition. This request included the fol- lowing properties: 1. Parking lots south of First Interstate Bank 2. 3311 South Broadway 3. Leases within 3315-3386 South Broadway 3340-3384 South Acoma 33-95 West Girard Avenue Mayor Otis stated Council would continue this public hearing on the above mentioned properties to next Monday, March 26 at 5:00 p.m. Council Member Neal stated it was appropriate to point out the error made last week on the subject of a leaflet that found its way through part of the downtown area. At last Wednesday's Downtown Au- thority meeting there was quite a spirited discussion that evolved around the current development negotiations with some of the lease holders in what is known as the Herzog property developed by Brady who currently owns the property. One of the lease holders on that block who was at the meeting was concerned about the approach that was being taken and also the lack of information in regard to rights under the Urban Renewal Au- thority Plan. After a rather spirited discussion and it was a good dis- cussion he (Council Member Neal) instructed the City Manager to prepare a short letter that was to go to the lease holders in the area known as the Herzog property, from Physical Whimsical down to but not including Kauf- man's and then west along Girard. Those lease holds were the only ones being considered for inclusion in the meeting next week. The leaflet was to be distributed as information to those lease holds strictly within that defined area, and apparently it gained a much broader distribution then intended. Council Member Neal stated he did not necessarily look on that as a negative but apparently it did create some controversy for people whose property was not now being asked to be listed. Council Member Neal stated there was an error in the broader distribution and apologized. • I • • • • • .. March 19, 1984 Page 4 Mayor Otis asked Director Powers to make the staff presentation to outline in more detail the changes. Director Powers stated the plan that they were now proposing had been approved by the Urban Renewal Authority. The major changes in- cluded: the construction of a boulevard and would replace Girard Mall which originally went from Broadway over to Cinderella City. The reason this change was made was the market for retail and office space along the mall disappeared when office construction accelerated several years ago. Therefore, the marketing study came back saying that retail activity and office buildings located along the mall would not make a successful mall. The boulevard would connect Broadway to Hampden US 285. Another im- portant change was that King Soopers building, which had originally in- tended to be later in the program has moved into the first phase of it and called for the King Soopers building to be located on the City park- ing lot, which has always been the location for it, but the construction would start in May of this year. There is still a hotel proposed at the intersection of US 285 and Cherokee, a new office building that may house city hall if the City chooses to do so, retail businesses that would line Little Dry Cr ee k from Hampden Avenue going up towards Girard, a parking structure for the east side of Acoma in the 3400 block, a convention center north of the hotel to serve the hotel for meetings as well as potentially the City as a library site. The northwest quadrant would have townhouse development in a townhouse style and low-rise buildings. There would not be any buildings located here any higher than the two bank buildings which are presently located. The northwest quadrant would end up being residential. Director Powers stated public improvements for Little Dry Creek remained the same. There was some change in the design because the mar- keting study indicated that people liked to be closer to the water and rather than have a creek that is 14 feet down with waters flowing through it they would rather have it at the surface, i.e. lake features. The buildout of it is anticipated to begin Hay of this year with the King Soopers building to be the first building. The hotel was sup- pose to start sometime late this fall and the other buildings would fol- low. The other major change was the other properties listed for acqui- sition that are suggested by the Urban Renewal Authority. These pro- perties included: 3401 South Bannock, west side of Acoma 3400 block (the width of it indicated the south side of the intersection has to be widen- ed), the buildings effected by flood control improvements, and part of the of the east side of Acoma 3400 block since it had common ownership with the west side of Acoma the 3400 blcck. consider could be ever , if Mayor Otis stated it was not the responsibility of Council to the purchase price of properties or relocati~ts. They obtained from the staff of the Urban Renewal tHo - anyone wished to address Council on these amendments to the plan • I • • • • • • March 19, 1984 Page 5 presented by Director Powers, he would allow five minutes for each person to speak. Mayor Otis asked if there was an yon e wishing to address Council at this time. David Clayton, residence address at 4509 South Acoma Street and business address at 3401 South Bannock, came forward. Mr. Clayton stated the present requirements specified that all expenses no matter how small required three bids. Hr. Clayton stated in his opinion this was going to create unnecessary paper work. He suggested that if basic information was put together by the Community Development Department or a division of the department for minor items, one bid should be sufficient and would cut out approximately half of the paper work. Mr. Clayton then asked if money was going to be available so that people who have to move can go ahead with the ar r a ngements that were nece ssary. Mayor Otis stated the questions were more proper for Ms. Susan Powers the Director of Urban Renewal Authority to answer. Director Powers stated three bids were required for moving ex- penses, but it would be appropriate for staff to go back and address this question. Mr. Clayton stated his next question was the manner in which settlement would be made with people who hold leases, in particular would it be done before moving. Director Powers stated no negotiations would start until money was available. She then introduced Mr. Harlin Opperman, the EURA eminent domain counsel, to answer Mr. Clayton's question. Hr. Opperman stated generally with respect to the lease situa- tion the best procedure was for the claimant to turn in the relocation bids from the appropriate bidding agencies to the Urban Renewal Authority as quickly as possible. Some of the types of claims would have to go through more of an intensive review procedure for eligibility of payment, some of them would be paid in advance or at the time of the initial sub- mission of bids for moving, and others would be paid as the moving pro- cedure goes along with some of them possibly being either denied or con- tested. Mr. Clayton asked what that did the businessman was required to move and was going to be reimbursed for expenses. quite sizeable. to the overall situation wherein did not know whether or not he Some of these expenses were • I • • ( ( • March 19, 1984 Page 6 • • • Hr. Opperman responded that the businessman should try to obtain bids with the cooperation of the Urban Renewal Authority as soon as pos- sible in the process. Hr. Clayton asked if leases would be negotiated ahead of time. Hr. Opperman asked if he was talking about lease hold values. Hr. Clayton stated yes. Hr. Opperman stated lease hold values were handled in two ways, where the developer, Hr. Brady, and his company already owns the under- lying fee ownership. In that situation there would be a acquisition of only the lease hold interest or the leases themselves, that property represented by the individual holding the lease. In that case the ne- gotiation would be with the leasee. In the situation where the property has not been acquired from the owner and where there may be acquiring not only the real estate involved but also any tenants rights, then negoti- ations would be with both the land owner and the tenant. If there was a controversy between the land owner and the tenant as to who gets what of the total amount then the procedure for the Urban Renewal Authority is to establish a fair market value for all the property interests as a total sum. The total sum is either then paid over to all the owners of the property or, if necessary, deposited into court for condemnation action. The statutes and the legal authority point out that at that time the Urban Renewal Authority is out of the problem and it is between the owner and the tenant to settle the division of total compensation. Mayor Otis asked if there was anyone else wishing to speak with respect to 3401 South Bannock, 3415 South Acoma, or 3427 South Acoma. Hr. Pearce who operates a hardware store at 3427 South Acoma referred to a resolution passed by City Council on August 23, 1982 and the section stating that a "feasible method exists for relocation of businesses, individuals, and families who will be displaced by the Urban Renewal project." Hr. Pearce asked for clarification and definition of "feasible method." Council Member Higday stated he thought the resolution referred to the means that were in the lawful guidelines to assist people in the endeavor of relocating. Council Member Neal stated Council was trying to be creative and reasonable under the guidelines with a commitment of trying every con- ceivable basis to make satisfactory arrangements in relocating people. Mayor Otis stated Council has set up the Urban Renewal Authority as the vehicle for setting into implementation that feasible method what- ever it may be. • I • • - ( • March 19, 1984 Page 7 • • • Mr. Pearce stated he had alot of confidence in this Council, and he was only interested in staying in business. Mayor Otis asked if anyone else wished to speak with connection to 3427 South Acoma, 3447 to 93 South Acoma, 3448 to 90 South Acoma. COUNCIL MEMBER NEAL MOVED TO RECEIVE THE RECOMMENDATION FROM THE URBAN RENEWAL AUTHORITY TO LIST THOSE ADDITIONAL PROPERTIES FOR ACQUISI- TION AND SET A PUBLIC HEARING ON THOSE AT 5:00 P.M. ON MARCH 26, 1984. Council Member Bradshaw 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 BRADSHAW MOVED TO CONTINUE THE PUBLIC HEARING UNTIL NEXT MONDAY, MARCH 26, 1984, AT 5:00 P.M. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * "Communications -No Action Recommended" on the agenda were: (a) (b) (c) (d) Minutes of the Urban Renewal Authority meeting of February 8, 1984. Minutes of the Parks and Recreation Commission meeting of February 9, 1984. Minutes of the Planning and Zoning Commission meeting of February 22, 1984. Report from Mayor Pro Tern Bradshaw, Council Mem- bers Bilo and Neal, and City Manager McCown con- cerning their attendance at the National League of Cities Conference in Washington, D.C. • I • - • March 19, 1984 Page 8 • • • COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT "COMMUNICATIONS -NO ACTION RECOMMENDED" AGENDA ITEMS S(A) -S(D). Council Member Weist sec- onded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * City Manager McCown presented a Council Communication from the Planning and zoning Commission concerning a planned development in the 5200 block of South Broadway. Mr. McCown stated Council may wish to hold a public hearing on the plan. At the request of Council Member Bradshaw, Director Powers clarified that the original plan was the one to be considered. The re- visions which came later were presented as suggestions. COUNCIL MEMBER BRADSHAW MOVED TO RECEIVE THE COMMUNICATION AND SET A PUBLIC HEARING DATE FOR MONDAY, APRIL 9, 1984, AT 7:30 P.M. Coun- cil Member Weist 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. * * * * * * * City Manager McCown presented a Council Communication from the Urban Renewal Authority concerning a fund transfer to the Urban Renewal Authority for property acquisition and a construction project. RESOLUTION NO. 8 SERIES OF 1984 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. • I • - • r • March 19, 1984 Page 9 • • • COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 8, SERIES OF 1984. Council Member Bilo 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. * * * * * * * City Manager McCown presented two Council Communications from the Water and Sewer Board. One recommended approving the vacation of the existing water line easement and the concurrent dedication of the new easement. The second recommended obtaining a proposal from Black & Veatch to design improvements to prevent overloading of the sewer system downstream of the Community Center. COUNCIL MEMBER BRADSHAW MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE FOR THE VACATION OF THE EASEMENT. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Silo, Bradshaw, Otis. None. The Mayor declared the motion carried. City Utilities Stu munications. he would have Attorney DeWitt expressed appreciation for Director of Fonda's help in providing legal descriptions in the com- This would help expedite the writing of the ordinance and it ready for consideration on April 2, 1984. COUNCIL MEMBER SILO MOVED TO ACCEPT BLACK & VEATCH FOR DESIGN IMPROVEMENTS TO PREVENT OVERLOADING OF THE SEWER SYSTEM DOWNSTREAM OF THE COMMUNITY CENTER AND TO PRESENT A CONTRACT FOR APPROVAL. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Member s Higday, Neal, Vobejda, We ist , Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • • I • • - • March 19, 1984 Page 10 * * * * • • • * * * City Manager McCown presented a Council Communication from the Parks and Recreation Commission concerning a proposed name for the new Englewood Community Center, which was "The Englewood Recreation Center." COUNCIL MEMBER BRADSHAW MOVED TO RECEIVE THE COMMUNICATION. Council Member Bilo 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. * * * * * * * City Manager McCown presented a Council Communication from the Library Advisory Board concerning a building consultant contract. COUNCIL MEMBER BRADSHAW MOVED TO APPROVE AWARD OF CONTRACT TO DAVID R. SMITH AND APPROPRIATE $13,980 TO THE LIBRARY DEPARTMENT IN 1984 TO BE EXPENDED OVER THE LIFE OF THE PROJECT. Council Member Weist sec- onded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Council Members Higday, Heal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 11 SERIES OF 1984 * * * * BY AUTHORITY * * * COUNCIL BILL NO. 11 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING AN AGREEMENT WITH THE METROPOLITAN DENVER SEWAGE DISPOSAL DISTRICT NO. 1 PROVIDING FOR SPECIAL CONNECTOR STATUS POR THE CITY OF ENGLEWOOD. • I • - • • March 19, 1984 Page 11 •' • • • COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 11, SERIES OF 1984, ON FINAL READING. Council Member Bilo seconded the mo- tion. 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. ORDINANCE NO. 12 SERIES OF 1984 * * * * BY AUTHORITY * * * COUNCIL BILL NO. 6 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE APPROVING AN AGREEMENT WITH CHERRY HILLS FIRE PROTECTION DISTRICT PROVIDING FOR MUTUAL/AUTOMATIC AID FOR FIRE PROTECTION FOR BOTH ENTITIES. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 6, SERIES OF 1984, ON FINAL READING. Council Member Bilo 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 BRADSHAW MOVED TO APPROVE A PROCLAMATION DE- CLARING MARCH 18-24, 1984, "POISON PREVENTION WEEK." 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. * * * * * * * • I • - • March 19, 1984 Page 12 • • • COUNCIL MEMBER WEIST MOVED TO APPROVE A PROCLAMATION DECLARING APRIL, 1984 "FAIR HOUSING MONTH." Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. * * * * * * * City Manager McCown stated he had 1983 city attorney salaries survey as requested by Council Member Bilo. Hr. McCown recommended add- ing 7\ to amounts for estimated 1984 rates. * * * * * * * Council Member Bradshaw expressed appreciation to Hr. Clayton for his conduct during the public hearing. * * * * * * * There was no further business discussed. * * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting at 8:47 p.m. without a vote. • I • • • SPECIAL MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado March 26, 1984 \'o The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on March 26, 1984, at 5:00 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Higday. The pledge of allegiance was led by Mayor Otis. Mayor Otis asked for roll call. Upon a call of .the roll, the following were present: Council Members Higday, Neal, Vobejda, Bilo, Bradshaw, Otis. Absent: Council Member Weist arrived at 5:15 p.m. The Mayor declared a quorum present. * * * * * * * Also present were: City Manager McCown Assistant City Manager Vargas City Attorney DeWitt Director of Community Development Powers Deputy City Clerk Owen * * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE ENGLEWOOD DOWNTOWN REDEVELOPMENT PLAN. Coun- cil Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried. Mayor Otis stated the purpose of the hearing was to consi- der amendments to the Downtown Redevelopment Plan • I • • • March 26, 1984 Page 2 • • • Mayor Otis stated last Monday night the Council held a hearing on several amendments to the Plan which included changes to the text of the Plan and the listing of properties for acquisit i on by the Urban Re- newal Authority. The properties discussed at last week's hearing were still under consideration and included the following: 3401 South Bannock Street 3415 South Acoma Street 3427 South Acoma Street 3447 -93 South Acoma Street 3448 -90 South Acoma Street Mayor Otis stated there were other properties which the develop- er, Brady Development Corporation, has requested the Urban Renewal Au- thority to acquire. These include the following: 3311 South Broadway --Leases within 3315 -3386 South Broadway 3340 -3384 South Acoma 33 -95 West Girard Avenue Mayor Otis stated even though Council held a public hearing last week, people would be free to address the Council again. Mayor Otis stated he would call out addresses and people could speak if they were i nterested in a particular address. Mayor Otis stated Council would also consider listing the park - i ng lot south of First Interstate Bank for acquisition since this pro- perty was required for the construct i on of the new roadway through the down t own. Mayor Ot i s asked Sue Powers, the Executive Director of the Urban Renew al Author i ty to summar i ze the amendm e nts to the plan. Director P owers stat ed the plan inclu ded a bo ul ev a r d c onne cti ng Broadway and u.s. 285 along the current alignment o f Girard a nd Che r ok ee . There would be improvements to Little Dry Creek starting late this fall . Also, some improvements to South Cherokee and the boulevard simultaneous- ly with improvements to the creek . Major changes reflected in the plan were different from the existing downtown redevelopment plan and had t o do with the boulevard rather than the mall . One change was le s s office construction than what was in the previous plan due to a mar k eting stu d y . Director Powe r s stated a hotel was still b eing pla nn ed w ith a c on venti o n facility ; an athletic club which was al ways antici p ated; and a Ki ng S oop - e r s complex which would be located o n t h e City par k ing l o t . Ki ng S oope rs was anticipated bu t n ot this early in the b ui l d ou t . Director Pow ers stated the h ea r i n g tonight concerned itself with p roperties presen tly o wned by Brady Enterprises , Le wan Associates, Cindermak (the o wn er of Cinderella City) and F i rst Interstate Bank • I • • l- • • March 26, 1984 Page 3 • • • Director Powers submitted the findings of fact from the Planning and Zoning Commission for the record. The findings stated the amend- ments to the downtown redevelopment plan as outlined conform to the Englewood Comprehensive Plan. Director Powers also presented a resolu- tion amending the plan to reflect the changes. Mayor Otis entered into the record a letter from Naylor's Custom Wind Repair and a letter from Popular Poppers. Council Member Weist entered the meeting at 5:15 p.m. Mayor Otis stated the first item to be considered would be the properties discussed last week. Mayor Otis asked if there was anyone wishing to speak concerning 3401 South Bannock. No one responded. Mayor Otis asked if anyone was present wishing to speak on 3415 South Acoma. No one responded. Mayor Otis asked if anyone was present wishing to speak on 3427 South Acoma. No one responded. Mayor Otis asked if anyone was present wishing to speak on 3447- 93 South Acoma Street. No one responded. Mayor Otis asked if anyone was present wishing to speak on 3448- 90 South Acoma Street. No one responded. Mayor Otis asked if anyone was present wishing to speak on the lot. parking City Attorney DeWitt stated he had heard that Amendment 16 which is 3311 South Broadway and the lease properties in 3315 South Broadway to 3340 South Acoma and the one at 33 West Girard Avenue would be requested for postponement until April 10, 1984 by Brady representatives. Mr. Paysinger, attorney for Brady Company, stated Amendment 16 at this time was not ready to be proposed to Council because negotiations were incomlete. Mr. Paysinger stated he anticipated having them done by April 10, 1984. council Member Neal asked if the focus of the negotiations were with long-term leases and if there was any work being done with month-to-month leases • Mr. Paysinger stated all leases were being treated the same. Appraisals were being done for economic value and then they would negoti- ate with tenants for purchase of lease-hold interest along with reloca- tion costs. Mayor Otis stated Mr. Paysinger's comments were an indication that Mr. Brady was trying to work to the needs of the people involved; • I • • • • March 26, 1984 Page 4 • • .. however, he would go ahead and read the addresses for anyone still want- ing to speak. Mayor Otis asked if there was anyone wishing to speak on 3311 South Broadway. Council Member Neal asked Director Powers to review the process of the expectations from Brady. Director Powers stated in order for Brady Development Company to come to Council and ask to list properties for lease-hold interest for acquisition by the Urban Renewal Authority, the Council must first re- ceive documentation that they have made good faith efforts to negotiate and that those efforts have failed. Good faith efforts must include appraisals, written and oral offers, rejections, and anything else that can be used as evidence to show that they have made an effort. Since that information has not been presented on these properties was the rea- son the developer was withdrawing; and Ms. Powers noted this action is provided for in the contract between the URA and the developer. In the event Council finds good faith efforts have been made it would be the responsibility of the Urban Renewal Authority to acquire the property or the lease-hold interests. Mayor Otis asked if anyone present wanted to speak on 3311 South Broadway. No one responded. Mayor Otis asked if anyone wanted to speak on leases within 3315 -3386 South Broadway. Mr. Leo Zerkoman, stockholder of Physical Whimsical, 3315 South Broadway, stated he had not had any conversation yet with Brady and had no objection to the continuance. Mr. Gene Isen, 3365 South Broadway, owner of Man's World, asked for special consideration for his business since the business had only been in Englewood for 6 months. Mr. Isen stated he had gone to a lot of expen$e to start his business, and it looked like he would have to start all over again. Hr. Isen questioned if they would be treated equally when not everyone's ailments were equal. Hr. Hike Fitzpatrick, Executive Vice President of F&H, Inc which holds the lease-hold interest in Popular Popcorns at 3384 South Acoma stated he would waive statement until next week • Hr. William R. Layhee, on behalf of Ali Baba at 3370 South Acoma, asked of the status of the developer deposits according to the agreement and if the second deposit had been made. Director Powers stated the second deposit had been made • • I • • • March 26, 1984 Page 5 • • • Mr. Layhee asked i f 3370 South Acoma was in the sixth amend- ment. Counc i l conf i rmed that it was in t he amendment being cons i dered April 10, 1984. Mr. Layhee asked about Counc i l's feeling on whether or not any distinction was being made between parcels that are owned by individuals other than Brady, parcels that are currently owned by Brady, and parcels that are C i ty property. Council Member Neal stated the purpose of the public hear i ng was to solicit public comments and he was not sure this was the appropr i ate forum to ga i n Counci l 's op i nions and f ee li ngs. C ity At t orney DeWitt agreed a nd adv i sed Mr. La yh e e th i s public hearing was not the p lace t o co ver p hilosophical statements fr om Co u ncil . Mayor Otis as ked i f t h ere was someone present wishing to speak regarding 33-95 West Gira rd . Ted Vasilas , Te d's Custom Cl o thes, 33 West Girard, stated he appreciated the news g iven at the hearing. He needed time to plan and find a new place. Bob Thomas , owner of Almos t New Shop at 59 Wes Gi rard, agreed wi th Mr. Vasilas. Tom Gros, leas ee of 50 West Girard, stated he was very much in the dark. The owner , Mr. Fe i dlema n had not even been contacted. Council Member Neal s t ated the south side of Girard was not being listed at this time . Mayor Otis asked if there was anyone wishing to speak on any matter relating to the amendments. Fred Kaufman, Kaufman's Big & Tall Store, 3395 South Broadway, stated his property was not listed in the present ones but as it fits into the plan would be called by the Brady Company. He stated he had two meetings with Mr. Brady's group and had the distinct feeling they wanted to work something out. Mr. Kaufman stated many people have hired at- torneys at $150/hour and these continuances were going to cost people a lot of money so he asked Council to take this into consideration. An- other consideration was the inconvenience and interference that would impact his business by dirt, dust, and getting freight into this store if the engineers go ahead as proposed. Mr. Kaufman hoped these issues could be negotiated and through good faith the community could have the kind of project that was envisioned • • I • • • March 26, 1984 Page 6 • • • COUNCIL MEMBER BRADSHAW MOVED TO CLOSE ON AMENDMENTS NO. 4 AND NO. 5 AND CONTINUE THE HEARING AS TO AMENDMENT NO. 6 TO APRIL 10, 1984 AT 7:00 P.M. Council Member Bilo 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. RESOLUTION NO. 9 SERIES OF 1984 A RESOLUTION OF THE ENGLEWOOD CITY COUNCIL TO AMEND THE ENGLEWOOD DOWN- TOWN REDEVELOPMENT PLAN. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 9, SERIES OF 1984, AND TO AMEND THE RESOLUTION BY CROSSING OUT "AND AMENDMENT 16" UNDER SECTION 3; AND TO CROSS OUT AMENDMENT 16 ON EXHIBIT B WHICH IS ATTACHED TO RESOLUTION NO. 9, SERIES OF 1984. Council Member Higday seconded the motion. Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • • • • • • • • There was no further business to discuss due to the meeting being special status. COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 5:45 p.m. ~£{)~ eputyCty Clerk . • I . - / f • • - ·----------------------J ·' . '· BRIEF HISTORY OF LIONS CLUB 1931 ':' COD8tructad the Bnglawx» Lions Swi111 Pool located at the old City Park. Since it 1MB the only outside pool in the southern metro area, thousands of children And ~ults flocked to the pool. The Lions Club gave this pool to the City when City Park was sold to the developer of Cinderella City. Estiwated ~t of the paGl -$112,000. l949 -Lions oonstructed a .Uniature train and track located at the old Citu Par~ ju.t w.at of the swi• paol. Cost of project -$40,000. 1970 -When City Park was sold, relocated the train and train track to .. Jleview ~rk and added a new depot, high trestle and tunne l for the train. C011t of project - $l4,000. 1972 -Replaced oJd ..tniature train, the Burlington Zephyr, with the new Huntington BMcb ..tn.iature trAin -$lO,OOO. 1973-COD8tructed a aoo barn and aoo yard at Belleview Park and operated a pettiAII aoo over a period of 5 years, after which the zoo facility IMs turned ~ tQ the City. C011t of aoo facility -$12,000. ' I I '17 I' - ,_- u . All t~e Lions Club oonstructed facilities enhanced the use of the old City Park when Jt .. .tstM .and really i~ved the enjoy.ent of Belleview Park. SOURCE OF S'IJI 1'1111ps FOR 211E ENCLEMJOD LIONS CWB Si~~oe 193B, the Englewood Lions Club has assessed each 1118111ber $2.00 per .w1th lor LiGAS Club SJI'Oj«:ts. SOIN Liou wJth lO and l5 years -'-rship have coatriJiuted tuJte a lilt to tM Club projects. Also, the CJub has an annual fund rais.ing SJI'Ojeot t:laolt raJ ... I~ IJ,ODO to $3,000 par ye&r. la tm JMtuQM, the CitJI lau usJstM the Club in k .. p.tng the tra.ia ruNa.tw.,.. • JII'OVUre MletJI ODDdJtJans. Oae.,.. wbMI the trestle and Jarge tJ...,. s ....... Jill .. .lie str~ jlecause ot ~os.ion fro. Big Dry cr-k, and a110ther ...-n tJw ct-=v ...-1•*- _, J• tile~· of the-&nd Nfer ..tniature train. la the ,..t years, concez'n bas JleeJI e•pre .. ed about the condition of tllllt traal .,.. ct.. ~ • .is • aBed for • new bed of rock, new ties, and possibly new ra.ils. Gar11 Atede, CJtll Director ot ~.i-ring Services, sought out -Mt.t.aC. to .. tJIIIt traot and repacted a bJd of 141,200 to .. ke the track aafe. ,.. l.Uaas ~~ • 1) .a.s.istance in prej11Ar.illfl specif.ications so that the Club OM r..t• ~ oa 1110rk to lie c~o~w. l) Mus-rvision in the bJd opea.inga and the 1110rk as it SJI'Oflr ...... J) Citll financial ... istance in aatching funds to do the 1110rk. rlae '"'--Clu has 115,000 in their project lund to renovate the train trac~u • • I • • • - • • . --·------- • • James L Taylor Insurance Agency, Inc. 4111 SO . BROADWAY ENGLEWOOD, COLORADO 80110 PHONE (303) 789-0587 ADDE~IDUMDA: April 2. 1984 Englewood Lions Club to Englewood City Council In addition to the "brief on the history of Englewood Lions Club." The Englewood Lions Club has been supportive of the following which is by no means of all: Furnished Englewood Sc~ools with milk & cookies during th~ Depression. That was before the School Lunch Programs. Worked with Englewood School Boards to pass bonds to build and up- date School buildings in the 1950's and 60's. Helped establish the Inter-faith Task Force. Contributes to the Colorado Camp for the Handicapped at Woodland Park. near Colorado Springs. Helped buy "seeing eye dogs" for blind persons. Collects & distributee eye glasses to the poor. Gives at least two scholarships to Englewood Students each year. Helped establish and build the Malley Senior Citizens Center. Helped pass a bond issue for the Simon Center. Supported and still supports the Englewood Down Town Re-development Project. Furnish many hours work on Channel 9 Health Fair. every year. Contributes thousands of dollars to IFTF and Salvation Army each rear. Supports the new Englewood Chamber of Commerce. This and the "Brief History of Lions Club" attached only "scratcbea" the aurtace ot the contributions of the Englewood Liona Club • The Englewood Lions Club was chartered in 1926. It now has approx- imately 120 members. Through the years. Englewood's Community Leadera have been and still are members of the or~anization. At preaent we have the Mayor of Englewood and the City f'lanager plus councilmen • former councilmen in the club. The club has four former Mayors on ita roster. The Superentendant of Schools and former Superenten- dant. Principals and teachers help make up our rolls. The people who are very interested in our City's g rowth and well be.ing have alwaya and atill are LIONS. WE ARE PROUD OF ENGLEWOOD AND OUR LIOHS CLUB • • I • • • • ORDINAOCE NO. I 3 SERIES OF 1983 • • • BY Atm!ORITY COUOCIL BILL NO. 10 INTRODUCED BY COUOCIL MEMBER WEIST AN ORDINAOCE APPROVING THE a:>ST OF CONSTRUCTION AND REPAIR OF SIDEWALKS, CURBS, AND GUTTERS IN THE CITY OF EX>L&/000 AND COOFIRMING THE APPORTICH1ml' AND ASSESSMml' OF SAID COSTS TO EACH LOT OR TAACT OF PROPERTY FRONTING UPON THE SAME AND PRESCRIBING THE MANNER OF COLLOCTION AW PAYMENT OF SAID ASSESSMENI'. WHEREAS, City Council for the City of Englewood, Colorado, determined it necessary that certain sidewalks, curbs, and gutters be constructed or repaired; and WHEREAS, City Council caused notice in writing to be sent to owners or agents in charge of the property fronting sidewalks, curbs, and gutters request i ng that construction or repairs be made by sa i d owners or agents; and WHEREAS, certain owners and agents did not make such repairs within 30 days a fter servi ce of the notice, and City Council ordered such construction or repai r s to be made by the City; and WHEREAS, said construction or repairs have been made, and City Council approved the cost of said construction and repa i rs i n the amount of $18,183.60; and WHEREAS, under author i ty granted by C.R.S., Sections 31-20-105 and 31-20-106, and by 'Englewood Municipal Code 1969, as amended , Sections 12-2-34, 12-2-35, and 12-2-36, City may assess property owners f ronti ng sa i d construction a nd repair a nd impose a lien for payment ther eof for fail ure to pay for said construct ion and repair; ~. THEREFORE , BE IT ORDAINED BY THE CITY COUOCIL OF THE CITY OF ENGLflo«X>D, COLORADO: Sect i on 1. Notice of Assessment . City Council hereby notifies each owner or agent of owner of property, by publication and certified mail, of the cost of construction and repair of sidewalk , curb , and gutter fronting said lot or tract as set forth in the assessment roll att ached her eto as Exhibit A. • 4 A I . • • • • Section 2 a. Payment of Assessment Lien on Lot or Tract . That the assessments shall be due and payable at the office of the Director of Finance/City Clerk of the City of Englewood within thirty (30) days after final publication of this Ordinance without demand. If the assessment is not paid within said thirty (30) days after final publication, the assessment shall constitute a lien on the lot or tract and the City Clerk shall certify the assessment to the County Treasurer , who shall place the same upon the tax list for the current year to be collected in the same manner as other taxes are collected with penalty of ten percent (10%) thereon to defray the cost of collection. All laws of the State of Colorado for the assessment and collection of general taxes, including the laws for the sale of property for taxes and their redanption of the same, shall apply and have as full effect for the collection of all such municipal taxes as for such general taxes. Section 2 b. Discount on Payment of Assessments. Payments may be made to the Director of Finance at any time within thirty days after the final publication of thi s Ord i nance, and an allowance of five percent (5%) will be made on all payments made during such period but not thereafter, The discount of 5% shall apply to all such payments, whether the payment is the entire amount of assessment due or a part of the assessment. finmediately after the expiration of such thirty-day period, the assessments shall be certified by the County Treasurer of Arapahoe County, Colorado, for collection as provided by law. Section 3. County Treasurer Shall Collect and Remit. The County Treasurer, at the close of every month, shall pay over to Mun i cipal Treasurer of the City of Englewood all monies collected by her upon the presentation to her o f a copy o f th i s Ordinance signed by the Mayor and Clerk o f the City o f Eng l ewood. Section 4 . Publication. Notice shall be publ i shed in the Englewood Sentinel for ten (10) days as defined in CRS, 24-70 -106 , once each week for three (3) successive weeks . Section 5. Hearing. The City Council shall hold public hearing on this Ordinance before fi nal passage at 7:30 o 'clock p .m. on April 2 , 1984. 2 • I • • J n :In • • • Section 6. Publication and Effective Date. 'n'lis Ordinance, after its final passage, shall be m.lllbered and recorded; the adoption and publication shall be authenticated by signature of the Mayor and Director of Finance ex officio City Clerk-Treasurer, and by Certificate of Publication. Introduced, read in full, and passed on first reading on the 21st day of February, 1984. Published as a Bill for an Ordinance on the 2 9th day of February, 1984. Read by title and passed on final reading on the 2nd day of April, 1984. Published by title as Ordinance No. ___ , series of 1984, on the 4th day of April, 1984. Attest: Eugene L. 0t1s, Mayor- ex officio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the Ord i nance passed on final reading and published by t i tle as Ordinance No. , ser i es of 1984. --- Gary R. H1gbee 3 I • • • - • • DESCRIPTION Of PROf'IRIY ... ·- \ ----... .. ·--·-.. .. . . . NAMI AN D ADDlES$ l ol llock SUIDIVI$10N ------- ---.. • 1 971 34 1 09 10 13, 1 Kill i ea Reaub. Becker, Richard B . ' Dorothy N~ of 1\. 14 I 2 7 56 so . Bco.:ulwa y $315 .07 En q l e wood , co 00 110 -------- 1971 34 2 0 1 01 3 25 -28 9 Idle wild Go sch , Henry ' Natti L . ' (2795 so . Broadway ) 2 Jerry H , , Trustees 2790 s . Grant S t. $210.04 En g lewood, co 80110 1 l"'ITrJ"{""l" 10 029 48 16 Idlewild Paplow, Dennis J. ' Julie L. 3 2801 So . Broad way $525.11 Englewood, co 00110 19 71 -34-2-10-028 45-4 7 16 I dlewild Papl ow , o e nn ia J . ' Julia L . 4 2815 So . Broadway $674 .92 Englewood, co 80110 1971 34 2 10 030 42-43 16 Idlewild Smith , Be r tram F . ' lluberta 5 202 3 So . Bro a d way $105 .02 Englewood, co 00110 1971 34 l 1 0 006 s~ 11, 4 ltilliea Maub . Shea , Helen E . all 12 (2842 So. Broadway ) 6 5365 So . Locjan Dr . $368.23 Littleton, co 80121 ---·· 1971 34 2 10 0 20 37-3 8 16 Idlewild Ecord, Georgia 7 284 5 So. Broadway $315.07 Eng l ewood, co 80110 ·--- 1971 34 2 10 01 8 ll-32 16 Idl-ild carpente r, ThOMa II. (2861-65 &. Broadway) • 4614 Bryant St. $273.28 Denver , co 80211 1971 34 l 10 009 11-U 4 ltillie a Sub. .... 6 /7 Cohan, He len G. ' lt.Dn, (2880 So. Broadwa y) 9 J eanne c ., J t Ten $1,086.57 16~3 Vi n e St. Denve r en 8020 6 11971 l4 l 10 016 27-28 16 Idlewild Wattera , Pa ul P', (288 5 So . Broadway ) 10 254 3 so. B roadway $315 .07 Den ver, co 00210 1971 34 2 l7 018 44 -48 1 7 Sp .. ra Bdwy . Addn. • Po ur Cornera Aa aocia t ea (2911 so. Broadway) 11 6000 &. r:vana Ave . $105.02 Denver, co 00222 -· 1971 34 l 11 02 5 5-16 1 Strayora Ddwy. Ht11 . Bea r Fr ... ' AX le Service 12 2946 so . Broadway $.<t20.0 8 Cnq lowood, co UOllO 1971 34 2 17 019 21-40 l 7 Speare Bdwy . Addn. weat•rn Sta Lea Fina nce Corp . 13 c/o Ralph s. Schoap $315.07 29 49 so. BroaUway En glewo od, co UOllO r 11971 34 1 l), 006 10 l Stcayara Bdwy. Hta. Bear F'r ... ' Ax le Service Co . (296 0 so. Broadwa y) • I • • 14 l lUU S t o ut St. $210.04 Denver, co 002 04 1971 )4 l 11 007 19-20 l Stra yer• 8dwy . Hta . Boar F'ra.a "' 1\xl~a Service Co . (2'JUO So . BcOoi<IWAy) $!i2!i.ll . 15 1 100 S tout Sl. Ounv cr, co UOl04 tllHoJ IT A-t -------- • • • • • DESCIIPTION Of PIIOPHTY --------------- NAME AND ADDRES6 lor llod< IUIIDtVISION F==· -· -1971 34 2 18 02"/ 42 , 24 SpHro B<lwy. Addn. Jeff erson, Richard L. ' Shiou N l/3 (3015 So . Bd~.) Yun, Jt Ten 41 $437.59 1 2207 E. Dartmouth Cir. Enq lewOOLJ, <.:0 110110 1971 3 4 2 18 026 N 2/3 24 sp .. n Bdwy. Nidn . Jef fers on , Richard L . ' Shiou 40, (3021 so , Bdwy.) 2 Yun, Jt Ten s 2/3 $105.02 2207 E. Dartmouth Cir. 41 Englewood, co 00110 -1971 3 4 1 1 2 004 6-9 0 Strayers Bdwy . Ills. Jack, Frank ' Mary E. 3 3020 So. Broadway $112.55 Enylcwoocl, CO UOllO -··· 1971 34 2 18 021 35-36 24 Speera Bdwy . Addn , Rachak, Alexander s. ' Frieda 4 30~1 So. Broadway $105.02 Englewood, CO U0110 ------ 1971 34 2 10 020 33-34 24 Speece Ddwy. 1\ddn . Foer&ter, Laurence P,. et a1 5 J057 50. Droadway Englewood, CO uouo $131. '>4 1971 34 1 12 028 10-U a Strayer • Bdwy. Hta . Schomp, Mary Margaret ' Liaa (]COO So . Broadway) 6 J. ' Caroline ' Roberta, John s. $315.07 2949 So. Broa<l wa y Englewood, co 80110 -7 , 1971 l4 1 12 027 13-24 0 Strayers lkl"')'. Hts . IMEX Corp. C/O I • M1ph Schc:.p' a Oldaooot>ila $315.07 2949 So. Broadway En<! lowood , oo eo 11 o 1971 34 4 00 020 1, 2, 4 ..., •• Addn . Burt Propertiea, Inc:. II 15' of (3100 So. Broadway) 9 5200 so . Broadway 3 $420.08 E1>9lewood, co 00110 -·-· 1971 34 3 Ol 022 45-48 l Hee 'a Nidn . Axtel l A8aociatea, I nc. (3101 So. Broadway) $210.04 10 10641 u.s. Hwy. 85 Littleton, 00 80120 1971 34 4 OB OlD 4-7 4 Roae Addn . tturt Propertiea, Inc. (3120 So. Broadway) $280.06 II 5200 so. Broadway 'Cnqlcwood, co 80110 1971 34 3 01 020 39-41 1 llee•a Mdn . Noreen, Stanley (3139 So. Broadway ) $1,160.88 12 6071 So. Franklin St. Littleton, co 80121 1971 34 3 Ol 010 36-37 1 u •••• Mdn. Lentach, Marq1e Leone (3147 so. Broadway) $105.02 13 1550 E. Dartmouth l!nqlewood, t'O uouo 1971 l4 l Ol 016 32-ll l IU.Ut' a t-ddn. I • 11a1don, Marilyn R. $714.82 14 3161 So. Broadway Enyl cwoocl, co U0ll0 11-24 4 lloaa Nidn. Firat Baptiat Church $1,814.0G 15 3170 so . Broadway Enq1awood, co 00110 A ,.2. -------· • • • - • , . • DESQIPTION Of PIOPflfY \ NAMf AND ADDII!II Lot -IUIDIVISIOH -' 1971 34 3 01 013 25-27 1 Hee'a Adcln. DeSena Aasoc. (Jl95 So. Br.oadwayl $105.02 1660 So. Alb1on St ., Sui te 302 1 De nver, co UU222 1971 34 4 009 001 1-3 5 Roee Addn. Har ic k, Inc . 0200 so. Broadway) 2 c/o !larry o. Richardson $616.58 SSS :i So. Monaco St . &nq1ewood, co 90110 n•• >• > ., uua ll-24 4 s. G. ll.ualin' a Bdwy. Addn . Huron Partnerahip (lZll So. Broadway) 3 1515 Arapahoe St ., Suite 1600 $465.25 Denver, co 80202 1971 34 4 09 002 4 -8 5 Jloaa Add i tion Moako, Aaron " Jean ( 3232 So . Broadway) 4 4050 So . Broadway $1,041.55 Enqlowood, co 80110 .. --~·-· 1 9 71 34 4 O'J OOJ 'J-11 5 tcosu 1\(hln . Pritchard, Robert £ • • 5 noscsu r-y 1:. $209.47 J:l-1 2 ~o . Broati'-'AY Englewood co 00110 1971 34 4 09 004 . 12-15 5 1'011 Addn. Pritchard, Jlobert £. (3250 so . Broadway) 6 7711 So . Ra c:e St. L.&.ttlet on, co 90122 $315.07 ---·- 1971 34 3 00 037 Bag . at Pt. of lntara ec . of w. line of ~ McLA\&ghl in , Frank a . s. Bdwy. • N. line of £~ of 5~ of S~ of $1,072.80 7 1014 1\d ... St. NE~ of sw~ of sec . 34-4-6U; 'l'h. S. AltJ. W. Denver, co U0209 line of Bdwy. 50' I 'l'h. w. 129~'; '111 . N, 50'1 'l'h . £. 129~· to rt . of aaq. 34-4-68 . tl2Cd So . Url.k\t..lwuy) I 1971 34 4 09 005 16-20 5 Roal Addn . Sofa Factory of Denver, Inc. (3264 so. Broadway ) 9 3270 so . Broadway $260.11 Enqlowood, co 00110 --~ -. ··---.. .. ·-------··-1971 34 4 U!J 006 21-24 ~ Roao Ac.Jdn • Bedore, ... lvin L, • Shelley L. 10 )290 so . Bdwy . $555,22 Englewood, co 00110 ---- 1971 34 3 00 023 1:. 1 50' B1k. 1, Noraandy N.kln .' .tow Col-.n , larry r. ' Jeannette vacated II 3305 So. I roadway $315.07 r:nglowood, co 90110 1971 34 ) 17 020 46-4 7' 1 L:nwood Addn • Fiedelaan , Stuart • a .. f • s 16' (3405 So. lra.dway) 12 Hepner, Roaalon o f 48 $210.04 J515 So. llillcreat Dr . Dcuvvc, co 00217 '~" ,. > • ua 44-4 5 1 CnwooU Adrln , Friodaan, Cortrude (J415 &o. I roadway I 1J 12 0 1 -lOth St . $420.08 0 CII Yt.l l , co U0~02 1q 71 34 3 l7 017 40-41 1 Enwood Adcln . ~ O'Brecht, Mary C . ' Dranafel4t, (34ll-J5 So . lroadwayl $297.56 14 rr u • Cwohilcl ' Pavill, IIA I • • r . o. Uo• 16 l'u rle c, (.'0 UOJJ4 971 34 J 17 011 32-34 1 Cnwoo~ 1\.Wn . l.t)()k , Henry ' kurn II . ()457-61-6) lo . lrnadwayl $114.43 15 L ~:.. -l7 Lh St . lid IM nvar , co 0 0 .'02 -·· -·------· • • - • • DESCaiPTION Of PIOPfiTY I --. ~·----·------------· NAMf AND AODIIUS lot Block SUIOIVISION ' --1971 34 OJ 17 011 29-30 1 Enwood Addn .. llolthaus, Barbara (3473 so. !lrOIIdway) c/o NiCll:ien lnv . Co. I 3493 so . Acoma St . $114.43 Englewood, co 00110 2 3 4 5 6 I ~ 7 • 9 ' 10 .I • I ' II i 12 • 13 I ' I I • 14 I I A-~ I ,, I I ,_ --~---~- • • - ' • ORDINAOCE NO. I 3. SERIES OF 1983 • • • BY AlJI'HORITY COUNciL BILL NO. 10 INTRODUcED BY COUNciL MEMBER WEIST AN ORDINAN:E APPROVING THE COST OF C'ONSTROCTION AND REPAIR OF SIDEWALKs, CURBS, AID GU'M'ERS IN THE CITY OF ENGL~ AND <Xm'IRMING THE APPORTI<U1mr AND ASSESSMENT OF SAID COSTS TO EACH LOT OR TRACT OF PROPERTY FRONTING UPON THE SAME AND PRESCRIBING THE MANNER OF CO£..LEX:.'TION AND PAYMmr OF SAID ASSESSMmr. WHEREAs, City Council for the City of Englewood, Colorado, determined it necessary that certain sidewalks, curbs, and gutters be constructed or repaired; and WHEREAS, City Council caused notice in writing to be sent to owners or agents in charge of the property fronting sidewalks, curbs, and gutters requesting that construction or repairs be made by said owners or agents; and WHEREAS, certain owners and agents did not make such repairs within 30 days after service of the notice, and City Council ordered such construction or repairs to be made by the City; and WHEREAS, said construction or repairs have been made, and City Council approved the cost of said construction and repairs in the amount of $18,183.60; and WHEREAS, under authority granted by C.R.S., Sections 31-20-105 and 31-20-106, and by Englewood Municipal Code 1969, as amended, Sections 12-2-34, 12-2-35, and 12-2-36, City may assess property owners fronting said construction and repair and impose a lien for payment thereof for failure to pay for said construction and repair; NCM, THEREFORE, BE IT OROIUNED BY THE CITY COUNciL OF THE CITY OF ENGL~D, COLORADO: Section 1. Notice of Assessment. City Council hereby notifies each owner or agent of owner of property, by publication and certified mail, of the cost of construction and repair of sidewalk, curb, and gutter fronting said lot or tract as set forth in the assessment roll attached hereto as Exhibit A. • I • • - • • , • • • • Section 2 a. Payment of Assessment Lien on Lot or Tract. That the assessments shall be due and payable at the office of the Director of Finance/City Clerk of the City of Englewood within thirty (30) days after final publication of this Ordinance without demand. If the assessment is not paid within said thirty (30) days after final publication, the assessment shall constitute a lien on the lot or tract and the City Clerk shall certify the assessment to the County Treasurer, who shall place the same upon the tax list for the current year to be collected in the same manner as other taxes are collected with penalty of ten percent (10%) thereon to defray the cost of collection. All laws of the State of Colorado for the assessment and collection of general taxes, including the laws for the sale of property for taxes and their redemption of the same, shall apply and have as full effect for the collection of all such municipal taxes as for such general taxes. Section 2 b. Discount on Payment of Assessments. Payments may be made to the Director of Finance at any time within thirty days after the final publication of this Ordinance, and an allowance of five percent (5%) will be made on all payments made during such period but not thereafter, The discount of 5% shall apply to all such payments, whether the payment is the entire amount of assessment due or a part of the assessment. Immediately after the expiration of such thirty--day period, the assessments shall be certified by the County Treasurer of Arapahoe County, Colorado, for collection as provided by law. Section 3. County Treasurer Shall Collect and Remit. The County Treasurer, at the close of every month, shall pay over to Mun icipal Treasurer of the City of Englewood all monies collected by her upon the presentation to her of a copy of this Ordinance signed by the Mayor and Clerk of the City of Englewood. Section 4. Publication. Notice shall be published in the Englewood Sentinel for ten (10) days as defined in CRS, 24-70-106, once each week for three (3) successive weeks • Section 5. Hearing. The City Council shall hold public hearing on this Ordinance before final passage at 7:30 o'clock p.m. on April 2, 1984. 2 • I • • In • • • • Section 6. Publication and Effective Date. This Ordinance, after its final passage, shall be numbered and recorded; the adoption and publication shall be authenticated by signature of the Mayor and Director of Finance ex officio City Clerk-Treasurer, and by Certificate of Publication. Introduced, read in full, and paSSed on first reading on the 21st day of February, 1984. Published as a Bill for an Ordinance on the 29th day of February, 1984. Read by title and passed on final reading on the 2nd day of April , 1984. Published by title as Ordinance No. ___ , Series of 1984, on the 4th day of April, 1984. Attest: Eugene L. Otls, Mayor- ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of !ncJlewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1984. - Gary R. Higbee 3 • I • • • • • OESCRIPIIOH Of PROPERl Y ----. --·-.. --·t---· NAME AND ADDRESS lot llock SUIDJVJ$JOH --. -.. ' 1971 3 4 1 09 10 13, 1 Killi .. Aaaub. Be cke r, Richard B . • Dorothy N~ of A. H 1 2756 so . Bro01dway $315 .0 7 Enylewood, co UOllO -- 1971 34 2 01 013 25-28 9 Idlewild Gosch, Henry ' Natti L . ' (2795 So. Broadway) 2 Jerry H., Trustees 2790 s. Grant St. $210.04 Enqlewood, co 80ll0 ,.~ .. >• 4 <U U<~ • ·~ 16 Ialewild Papl ow, Dennis J .. , Jul1.e L. 3 2801 So. Broadway $525 .11 Englewood , co HOllO 1971-34-2-10-028 45-47 1 6 Idlewild Paplow, Dennie J. ' Julie L . ~ 2815 So. Broadw.y $674.92 Englewood, CO 80110 1971 34 2 10 0)0 42-43 16 Idlewild Saith, Bertraa F. ' Huberta 5 2023 So. Broadway $105.02 Englewood, CO uouo 1971 34 l 1 0 006 s~ ll, 4 Jtilliea Aaaub. Shea, Helen E . all 12 (2842 So. Broadway) 6 5365 So . Loqan Dr. $368.23 Littleton, co 80121 -.. 1971 34 2 10 020 37-38 16 Idlewild Ecord, Geor9ia $315.07 • 7 2845 So. Broad .. ay Englewood, co 80ll0 -- 1971 34 2 10 010 31-32 16 Idlewild eupenter, Thoaaa II. (2861-65 &. Broadway) I 4614 Bryant St . $273.28 Denver, co 802ll 1971 34 1 10 009 18-21 4 Jtilliea Sub. Ma. 6/7 COllen, Helen G. ' &~. (2880 So. lr....SW.y ) 9 Jeanne c., Jt Ten $1,086 ,57 1653 Vine St. I Denver CO 80206 1a•1 J4 • 1u0a 27-28 16 Idlewild Mattera, Paul P'. (2885 So. I roadway) 10 254 3 so. Bra.dw...y $315 .0 7 Denver, co 00210 1971 )4 2 17 018 44-48 l7 sp .. ra Bdwy. Addn . Pour Corners Aaeociatee (2911 So. Broadway) 11 6000 E. evans Ave . $105.02 Denver, co 00222 - 1971 34 1 11 025 5-16 1 Strayora Odwy. lltll. .. ar rr .... £ AX le Service 12 2946 So. B roadway $.4 20.08 Cnqlcwood, co UOllO 1971 34 2 l7 019 21-40 17 Speera Bdwy. A4dn. Weatern Stalea Finance Corp. 13 C/O RAlph 5, Schoap $315.07 2~H19 So. Broadway En9lewood, co 00110 ··--~ 1 a 11 J4 1 1.1-006 10 l Stc&yaca Bdwy. Hta . aear rr ... ' Axle service Co. (2960 so . Broadway) 14 U UtJ Stout SL. $210 .04 Denver, co 00204 I • • 1971 34 l ll 007 19-20 l Strayora Bdwy . Hle . Bar f'ra.ae L luc le Se rvice Co . (2~UO So . lra.dwQy) $525.11 IS llUO Stoul SL. A-t_ llunvcr, co 110204 f'!C.,.,J!T -------- • • • -• • DESCIIIPTION Of PROPHTY -·------~ ------ NAME AND ADDRE$6 lol Block $UIOIVIIION I=· -· 1971 34 2 18 02"1 42, 24 sp .. ra Bdwy . Addn. ' ' J e fferson, Richard L. ' Shiou N l /3 (3015 So. BdW)!.) Yun, Jt Ten 41 $437.59 1 2207 E. Dartmouth Ci r. Eng l e wood, co OOllO 1971 3 4 2 18 026 N 2/3 24 sp .. n Bdwy. Mdn . Jefferson, Richard L. ' Shiou 40, (3021 So . Bdwy .) 2 Yun, J t Ten s 2/3 $105.02 2207 E. Da r tmouth Cir. 41 Englewood, CO 00110 lY/l J 4 l u 004 b -9 u Strayers Bdwy. IlLs. J ack , Prank ' Mary £. 3 3020 So . Broadway $112 .55 Enylcwood , co U0 11 0 --· 1971 34 2 18 021 35-36 24 &peer• Bdwy. Acldn. R&chak, Alexander s . ' Frieda 4 30Sl So . Broadway $105.02 Eng 1 ewood , CO U0110 ------· 1971 34 2 10 020 ll-34 24 Speer a Bdwy . 1\ddn. Foerster, Laurence P.' et al 5 30~7 !jo, Droallway Englewood, co uouo $1 3 1.94 1971 34 l 12 028 10-12 8 Strayer• Bdwy . Hta. Scha.p, Mary MArgaret ' Liaa (3000 So . Broadway) 6 J . ' CAroline ' Roberta, John s . $315.07 2949 So. Broallway Englewood , co 80110 -7 ~ 1971 34 l 12 027 13-2 4 0 Strayers Bc.Jwy . llt s. IMEX Corp. c/o I 11.111ph Scha.p' 1 Old11oobila $315.07 2949 So. Broadway Englewood, (X) 80110 U7l J4 4 00 020 l, 2. 4 ._., .. Mdn. Burt Propertiea, Inc. II 15' of (3100 So . Broa-y) 9 5200 So. Broadway 3 $420.08 Englewood, co 00110 -··- 1971 34 3 01 022 4 5-48 l !lee's Mdn. Axtell Allaociat••, Inc . (3101 So. Broadway ) $210.04 10 1064 1 U.S . Hwy. as Littleton, co 80120 l97l 34 4 08 018 4 -7 4 Rose Addn. Burt Properties, Inc. (ll20 &o. Broadway ) $280.06 11 5200 So. Broadway • t:nq1cwood, co 80110 1971 34 3 Ol 020 39-41 1 llee 'a Addn . Nor••n , Stanley (ll39 So . Broadway) $1,160.88 12 6071 So. Franklin St. Littleton, co 80121 1971 34 3 01 010 36-37 l ltee' • Addn. Lentsch, Mar gte Leone (3 147 so. Broadway ) $105.02 13 1550 r:. oart.auth • ~nglewood, (.'() OOliO 1971 34 ] 01 016 32-Jl 1 lit: it'S Addn. 1K llaidon, Mar ilyn R. $714.82 1~ 3163 So. Bco.allway I • • Englewood, co 00110 ll-24 4 ~· Mdn . Fi rat Baptist Church $1,814.06 15 ll70 so . Broadway Enq1awood, co 00110 A -~ -··-· • • • • • DESCRIPTION Of PIOP£RTY \ NAME AND ADDIIESS Lot lllod< 5UIOIVISION ---• ' 1911 34 J 01 Otl 25 -27 1 Hee'a l\ddn . DeSena Assoc . (3195 So. Bc.oadway) $105.02 1660 So . Alb1on St ., Suite 302 1 Denv er, co IJ0222 1971 J4 4 009 001 l-J 5 Roae Addn. Harick, Inc. Cl200 So. Broadway ) 2 c/o !larry D . Ri c hardson $616,58 555 ~ So. Monaco St. Englewood, co 00110 "'" .. , 15 006 21-24 4 s. G. 11411lin' s Bdwy . 1\ddn . Huron Partnership (l2ll So . Broadway) 3 1515 Arapahoe St ., Suite 1600 $465,25 Denver, co 90202 1971 J4 4 09 002 4-9 5 IIOaa l\ddi tion Hoako, AAron ' Jean (l232 so . Broadway) 4 4050 So. Broadway $1,041.55 Englewood, co 80110 ·-----· 1Hl 34 4 0~ OOJ ~-11 :) kOt>O 1\ddll. Pritchard , Robert E. ~ 5 HOGC!tna t'y I,, $209.47 J:l42 So . Droac.lway Englewood co 00110 1911 34 4 09 004 . 12-15 5 Ro•e Addn . Pritchard, Robert &. (J250 s o. Broadway) 6 7711 So. Race St. Li ttlcton , c:o 00122 $315.07 ---- 1911 )4 J 00 OJ7 Beg. at Pt. or Intersec. of w. line o! McLaughlin, Frank B . s. Bdwy, ~ N. line of E~ of =:i 'w ot S .. of $1 ,072.80 ' 7 1014 Mama St. N&~ of sw~ or sec. l4-4-6U; ,.,_ s. !l.lt,J. II. Denver, co U0209 lino o! Bdwy. ~o·; Th . w. 129~'; '111 . N, 50'' Th. e. t29~· to Pt. of Beg . )4-4-68. {)2LJ !io . Uroa..tway) • 1971 J4 4 09 005 16-20 5 Roae Addn . sofa Factory of Denver, Inc . (]264 so. Broadway) 9 J270 So. Bro.dway $260.11 Enqlawood, co 00110 ------·-··-. -.. .. -·~ .. -·---------197l )4 4 0~ 006 21-24 ~ nose AU<ln , Bedore, Moolvin L. • Shelley L. 10 J29D So. Bdwy. $555.22 Englewood, co 00110 ·--- 1971 J4 l 00 02J E. 150' Blk. 7, Norundy NJdn ., olOW Col .... n, Jerry r. ' Jeannette vacated 11 JJ05 So . I roadway $315.07 t:ng lowood, co 00110 1971 J4 3 17 020 46-4 7. 1 Cnwood Addn • Fiedelaan, Stuart ' Reef ' s 16' (J405 So, Broadway ) 12 Hepner, Roaalon of 48 $210.04 J5l5 So. Ilillcroat Dr. Ocuvcr, co 00237 "" H > 4 C 019 44·4 5 l CnwOf.XJ 1\ddn . Friodaan, Cortrude (J415 So. Broadway) 13 1201 -1Uth St . $420.08 OUUio'Ul, c:o U0202 1971 J4 J 17 017 40-41 l Enwood Addn • I • • o•areeht, H&ry C. ~ Dranafeldt, (J4ll-35 So. Broadway) $297.56 14 fre~ ~ Gw>hild ' F'avill, MA P . 0. Dox 16 l'u.rket, c:o UOIJ4 1911 l4 l 17 Oll J2-J4 l J:nwood 1\U..Sn . J,,)()k, Henry ' Kurn II . (3457·61·63 So . Bra&dw•yl $114.43 15 u~:.. -l7Lh St. f/;3 l hl nv~r, co 00.'0Z ---------· • • • • .. • DfSaiPTION Of PIOPEITY I --···-··-----··-----·-----· NM\f AND ADOlf$$ lot Block SUBDIVISION .. l97l 34 03 1 7 Oll 29-30 l Enwood Addn •. Ho lthaus, Barba ra (3473 So. !!roadway) c /o Nicltie n lnv . Co. $114.43 I 3 4 93 so. Acoma S t . Englewood, co 00110 2 3 4 5 6 7 I 9 10 ' 1 1 ' 11 I 12 . I • 13 ~ I • I I I 14 I fl -~ I 15 I I ' • • - • • • • • ·5 A COURT ADVISORY COMMITTEE December 15, 1983 Min14tes MEMBERS PRESENT: Ed Payne Tim Flynn Jim Curnes MDmERS ABSENT: ALSO PRESENT: Harry Fleenor (arrived at 6:20 p.m.) (One position vacant) Mayor Ot.!.s Mayor Pro Tem Bradshaw Council Member Higday Council Member Fitzpatrick Council Member Bilo Council Member Weist Assistant City Manager Vargas Gary Higbee -Director of Finance Carolyne Boettger -Court Administrat0 Judge Parkinson -Municipal Court Jud9 1. Chairman Payne called the meeting to order at 6:10p.m. and declared a quorum present. 2. Chairman Payne welcomed everyone to the meeting. He thanked carolyne Boettger and Janice OWen for their assistance over the last year. 3. The committee reviewed the minutes of November 14, 1983. Chairman Payne noted that Carolyne Boettger and Gary Higbee were absent. COMMITTEE MEMBER FLVNN MOVED TO APPROVE THE MINUTES OF NOVEMBER 14, 1983, as amended. Cc:.anittee Me.ber Curnes seconded the motion. Upon a call of the roll, the vote resulted as follows: Ca..ittee Meabere Payne, Flynn, curnee. Nays: None Absent: Fleenor Chairman Payne declared the motion carried. 4. Carolyne Boettger provided an update on data processi ng i mplementation. Me. Boettger reported staff was evaluating moving court to the police/fire center in the event a new city hall building is constructed . Assistant City Manager Vargas further elaborated emphasizing the evaluation was preliminary at this point. 5. The Coaaittee and Council discussed and confirmed the recent resignation of Court Advisory Committee Member Dale Duran • Chairaan Payne brought up the subj ect of the frequency in which municipal court reports should be submitted • • I • - • • ~ourt Advisory Committee ~cember 15, 1983 Page 2 • • • Chairman Payne noted the discrepancy between what is written in the governing ordinance and what was interpreted. Mayor Otis recommended the ordinance be changed consistent with monthly reporting. Chairman Payne discussed a letter from the Court Advisory Committee noting lack of communication between City Council and the Court Advisory Committee. Chairman Payne stated the Court Advisory Committee needed communication on changes effecting court. Ooaaittee Member Curnea stated the frustration he heard from the Committee was the lack of understanding of purpose of resolution that created the Court Advisory Caa.ittee. He interpreted the Committee's role as an intermediary between Council and the Municipal court, and he did not see that involvement in the year 1983, nor did he see any inclination to involve the Committee. The topic of adninistrative procedures vas discussed. Chairman Payne spoke about the non-involvement of the Court Advisory Committee and that the Court Advisory Canmittee was not contacted on its language content. Assistant City Manager Vargas explained the manner in which the administrative procedures vas distributed from the City Manager's office. Mr. Vargas stated Ms. Boettger received a copy as did other departments. Mr. Vargas stated the fact that if the Court Advisory Committee did not receive a copy, it was inadvertent. ~ Judge Parkinson stated he had not read the administrative procedures ordinance until it was published in the newspaper. At that time he proceeded to bring his objections to the City Council and hire an attorney to negotiate •a change. { • CO..ittee Meaber Curnea asked at this point what would be the role of the committee. Mr. Curnea reflected there was no involveaent. Committee Member Flynn noted that the City Attorney and Judge advised the Court Advisory Committee to not get involved which is confusing. It vas the consensus of those in attendance that the committee be informed of all actions involving court, and that the ~unication come through the City-support staff. Mr. Vargas stated he could initiate a process that neither aide (City Council or Municipal Court) do anything on a related itea until reviewed by the court Advisory CO..ittee. Council Meaber Fitzpatrick asked the CO..ittee to develop some .. thod of selecting asaQCiate judges. Council Member Higday stated it was the City Staff's responsibility to keep the Court Advisory Co.mittee informed of mutually interested subjects. Carolyne Boettger stated it has been helpful attending department head staff .. stings. It vas the consensus better com.unication was desired and all aides would work toward that goal . Mayor Otis noted Council would consider a resolution extending the Court Advisory Comaittee tara through Deca.ber 31, 1984 at ita first .. eting in January. There being no further business, the meet i ng adjourned at 7:58 p.m • • I • • - • • • • • • COURT ADVISORY COMMITTEE February 27, 1984 Minutes MEMBERS PRESENT: Harry Fleenor Tim Flynn Glen Waddell Vic Klein MEMBERS ABSENT: Jim Curnes ALSO PRESENT: Carolyne Boettger 5 A 1. The meeting was called to order by Harry Fleenor, and quorum was present. 2. Those in attendance introduced themselves since two new people were recently appointed, those being Glen Waddell and Vic Klein. 3. FLYNN MOVED AND WADDELL SECONDED THAT HARRY FLEENOR BE ELECTED CHAIRMAN. The motion passed unanimously. 4. WADDELL MOVED AND KLEIN SECONDED THAT TIM FLYNN BE ELECTED VICE CHAIRMAN. The motion passed unanimously. 5. KLEIN MOVED AND FLYNN SECONDED TO ACCEPT THE MINUTES OF DECEMBER 15, 1983, AS PRESENTED. The motion passed unanimously. 6. Carolyne Boettger transmitted the Municipal Court Activity Report for 1983. It was noted Council has passed an ordinance to be consistent with the requirement to submit Municipal Court reports monthly. 7. Chairman Fleenor appointed Tim Flynn, Glen Waddell, and Vic Klein to a special committee in the mat·ter of an attorney bill. Tim Flynn was appointed to chair the committee which was to find the facts, make a recommendation on any action the committee could take, determine if there are alternatives, and recommend any further action. The committee was to report back on March 26, 1984, at 7:00 p.m. at the next meeting. B. The following items were placed on the next meeting's agenda. -Judge Parkinson's suggestion on splitting judgeship to part time -Report from special committee -Method of selecting associate judges The meeting adjourned at 8:15p.m. • I • • f ( • PRESENT: ABSENT: OTHERS PRESENT: • • • BOARD OF CAREER SERVICE COMMISSIO NERS JANUAR Y 19, 1984 ~HNUTES JoEllen Turne r, Catherine Pok raka, Janet Kerzic Donald Weber Betty Keena Mel BeVirt, Employee Relations Director Peter Juenemann , EEA/AFSCME President John Wing, E.P .B.A. President Cheryl Dyer , Employee Relations Assistant * * * * * * * Chairman Weber call the meeting to order. Commissioner Turner moved, seconded b y Commissioner Pokraka to approve the November 17, 1984 minute s with the following revisions: Rules and Procedures Article 1.5. -Add "of the Board" a f ter the word correspondence. Article 3.2 . -Chang e the word "Boa rd" to the word Recording. Article 3.3. -a dd "change the word "Board" to the word Recording. AYE S: T urner , Pokraka, Kerz i c, We b e r ABSE NT: Keen a I tem two on the Ag enda wa s t he Assoc ia tions' Cho i c e . Pe t e r J uenema n n , E .E .A./A .F .S .C .M.E . President and John Wi ng, E .P .B .A . Pres iden t were in attendance but had no business to pre s e n t. There was no representa- tive from E.F.F .A . present . Item three on the Agenda was the City Manager 's Choice. Mel BeVirt, Employee Relations Director presented a request for the Board 's consideration of a petition for Unit Clarification. The Board set a hearing date of February 9 , 1984 t o consider the petition . Item four on the Agenda was the Commissioners' Choice . The Board reviewed a schedu le of monthly bud get ex p e n ditu res for No vemb er and December 1983. Commissioner Turner move d, s econded by Co mmissioner Pokraka to approve th e budget expe n ditur es . AYES: ABSENT: Turner , Pokraka, Kerzic , Weber Keena • I • • • • • 4i The Board accepted the proposed dinner date with City Council of August 30, 1984. ( • The Board briefly discussed the upcoming Board vacancies and elections. * * * * * * There being no further business before the Board, Chairman Weber adjourned the January 19, 1984 regular meeting at 7:30 p.m. I • • - - ( PRESENT: ABSENT: OTHERS PRESENT: • • • BOARD OF CAREER SERVICE COMMISSIONERS SPECIAL HEARING FEBRUARY 9, 1984 JoEllen Turner, Catherine Pokraka, Janet Kerzic, Betty Keena, Donald Weber None Thomas Fitzpatrick Peter Juenemann , EEA/AFSCME President Mel BeVirt, Employee Relations Director Peter Vargas, Assistant City Manaqer Cheryl Dyer, Employee Relations Assistant * * * • * * Ch a i rma n Weber called the meeting to order. Chairman Weber read i nto the r e cord a request for unit clarification. (See Attached) Afte r consideration of the testimony and documentation received, the Bo a rd rendered the following decision. IN THE MATTER OF A PETITION AGREED TO BY THE CITY AND THE ENGLEWOO D EMPLOYEES ASSOCIATION, TO EXCLUDE FROM THE BARGAINING UNIT THE FOLLOWING POSITIONS WHICH HAVE BEEN CLASSIFIED AS MANAGERIAL/SUPER- VISORY OR CONFIDENTIAL: HOU S IN G ADMINISTRATOR SENI OR PLAN NER C I TY SU RVEY OR CHIEF ACC OUNTAN T ACCOUN TANT II ACCOUNTANT I CLERK OF MUNICIPAL COURT LIBRARIAN I SENIOR CRIME LAB SPECIALIST COMMUNICATI ONS & REC ORDS MANAGER BUILI DNG MAINT ENAN CE S UP ERVISOR SAFETY OFFICER/ADMINISTRATIVE ASSISTANT Commissioner Keena moved , seconded by Commissioner Kerzic to exclude the positions (mentioned above ) from the Bargaining Unit . AYES : Turner , Pokraka , Kerzic , Keena , Weber NAYS: None Chairman Weber declared that this determination was effectiv e February 10 , 1984 . There being no further business on the agenda , Chairman Neher declared the special meeting adjourned at 7 :15 p .m . Donald Weber , Chairman G.¢ H . s · "hw/ '" &a_ Catherine Pokraka, Commissioner I • • - • ( • • • • CI'lY CE' flG.IKXD '1lle City of Englewood ard the &-glewood ~loyees AssociatiCI'lfAmerican Federation of State, County ard P-t..ulicipal ~loyees local 303, J!.FL/CIO with this stiJ:Ulatioo hereby petitioo the career Service Board of the City of Englewood to conduct a hearing to clarify the current bargaining unit to confonn to the Olarter J\llednents oonc:erninq &-glew:xxi ~loyee AelatiCX'IS aOO the career Service Systan. After meeting am discussing the facts, the City am the &-glewood Flll>loyt..oes As!IOCiatioo /American Federation of State, COUnty am MJnicipal BnployL'CS Loc.ll 303, AFL/CIO stif'}late that the bel~ listed classificatiCX'IS should appropriately be excluded fran the eodsting ba.rgaining unit. 'lhl.s stiJ:Ulatioo/petitioo is requested in belief that the be~ li.ated cl.uaifica- tions contain: (a) One or rrore of the following indicators of superivi.sory control - the authority, in the interest of the E~~~~loyer to hUe, fire, transfer, suspend, lay-off, recall, pn:Jmte, di.sc::harge, assign, reward, discipline or evaluate other ~loyees, or to adjust their grievances, or effectively to rEIOOiiiield any of the foregoing, if, in connection with the foregoing, the exercise of such authority is not of a nerely routine ard clerical nature, D.tt, rather, requires the use of an independent j~tJ arid/or (b) One or rrore of the foll~ing managerial or confidential factors E~~~~loyees who are privy to decisions or 1oh> have access to informatioo of City managanent affecting E~~~~loyee relations or ...tlose functicnal responsibilities or knowledge of the City affairs makes nemerships or participati.oo in the affairs of an Elllll.oyee organizatioo i.ncalptible or inconsistent with their official duties or E~~~~l()}ft!nt. For ~ of this definition it is oonclusively presuned that any indi.vi.cllal E~~~~loyee in the City Manager's Office or in the ~l.oyee Relations Department or in the City Attorney's Office is a confidential ~loyee. &.~pervisory, Managerial am Confidential Classifications -('It> Be Excluded) Camunity Developent: Housing Mni.niatrator Senior Planner &.gi neering Services: City~ Finance: Olief h:xxultant ~tant II h:xxultant I ttlnicipal Court: Clertt of fltlni.cipal Court • I • • ( ( • Page 2 Lib • Jbit.ian I Police: --senior CrUnr! Lab Specialist CCimunicatiauJ and Aecords Manaqer Public W:mts: a.tildiJlij M!U.ntenance 9Jpervisar Wastewater Traat21alt Plant: Safety Officerl1dllll\i8trative .Assistant Date I lib 1/17/84 • • • I . • - 0 • PRESENT: OTHERS PRESENT: • • • BOARD OF CAREER SERVICE COMMISSIONERS SPECIAL HEARING FEBRUARY 13, 1984 JoEllen Turner, Catherine Pokraka, Janet Kerzic Betty Keena, Donald Weber Thomas Fitzpatrick Richard Petau, E .F.F.A. President Michael Gruninger, D.O.E. Peter Vargas , Assistant City Manager Mel BeVirt, Employee Relations Director * * * * * * 58 Chairman Weber called the meeting to order. Chairman Weber stated that the meeting was to determine the grievability and timeliness of filing of a grievance submitted by the E.F .F.A. concerning the issue of bi-weekly pay periods v .s. monthly wages. After receiving testimony from Richard Petau, E .F.F.A . President, Michael Gruninger, D.O.E. and Peter Vargas, Assistant City Manager, the Board adjourned to consider their determination . In the matter of the grievance filed by the Englewood Firefighters Association. the Board of Career Service Commissioners rendered the following deter~inat1on: Commissioner Keena moved, seconded by Commissioner Kerzic, that the grievance was not filed in a timely manner. AYES: NAYS: Turner , Kerzic, Keena Pokraka, t'ieber Donald Weber, Chairman JoEllen Turner , Commissioner Secretary • I . ( ( • • • • MINUTES ENGLEWOOD, COLORADO BOARD OF ADJUSTMENT AND APPEALS February 8, 1984 The regular meeting of the Board of Adjustment and Appeals began at 7:30 p.m. J MEMBERS PRESENT: Fish, Hallagin, Gage, Brown, Ferguson and Seymour. MEMBERS ABSENT: ALSO PRESENT: Dawson. Dorothy A. Romans, Staff Advisor Larry D. Yenglin, Planner I Sheryl Rousses, Recording Secretary • • • • Chairman Seymour called the meeting to order and stated that with six members present, five votes would be required to grant a variance. He stated that the Board was happy to see Mrs. Romans back. BOARD MEMBER GAGE MOVED THAT THE MINUTES OF THE MEETING OF JANUARY 11, 1984, BE APPROVED AS WRITTEN. Members Hallagin and Ferguson seconded the motion. Upon a vote, all six members voted in the affirmative, and the Chairman declared that the Minutes of January 11, 1984, were APPROVED as written. • • • • BOARD MEMBER BROWN MOVED THAT THE FINDINGS OF FACT IN CASES 32-83, 1-84, 2-84, 3-84 FROM THE JANUARY 11, 1984, MEETING BE APPROVED AS WRITTEN. Board Member Gage seconded the motion. Upon a vote, all six members voted in the affirmative, and the Chairman ruled that the Findings were APPROVED as written in Cases 32-83, 1-84, 2-84, 3-84. • • • • Chairman Seymour announced that the next order of business would be the reorganization of the Board. BOARD MEMBER FERGUSON NOMINATED ROGER GAGE FOR THE CHAIRMAN OF THE BOARD OF ADJUSTMENT AND APPEALS FOR THE YEAR OF 1984. Board Member Brown seconded the nomination • • I • ...... Minutes Page 2 There were no f urther nominations. • • .. Upon a vote, Mr. Ga g e was elected unanimously. Mr. Gage asked that Mr. Seymour finish the meeting. * * * * The Chairman introduced the new member, Mr. Ron Fish . * * * * The Chairman opened Case No . 4-84. He stated that he had certific ation of posting, and asked that the Staff identify the request. Mr. Yenglin stated that the applicant has an option to purchase the property in the 2300 block of South Zuni Street. His proposal is to divide the property , which is 240.8 feet wide by 62 feet deep into three building sites . The north site, on which there is a single-family dwelling , would have 5,270 square feet of lot area instead of the required 6,000 square feet. The middle site, on whic h the app l icant is proposing to c on- struct a duplex, would have 4,340 square feet of lot area instead of the 6,000 square feet required. The south site, on which the applicant is proposing to construct a single-family dwelling , would have 5,319.6 square feet of lot area instead of the required 6,000 square feet. In addition, the rear setback of the middle and south parcels would only be 20 feet instead of the required 25 feet. It should be noted that the proposed division as it relates to the existing house would be in violation of the Comprehensive Zoning Ordinance, Section 22.5-8 a, which states that no existing building site shall be reduced s o that the l ot area shall be smaller than presc ribed by the Ordinance, and that no portion of a lot, necessary to provide the required area per dwel l ing unit, shall be s eparated fr om that portion of the l o t upo n whic h the buil ding i s located. Th e a ppli cant i s r eque s t i n g varianc e s from the Co mprehensive Zoning Or din a n ce , Section 22 .4-7 c -Minimum Area of Lo t; Se ct i o n 22.4-7 k - Minimu m Rear Yard ; and Se ction 22.5-8 a -Red uct i on in Lot Ar e a . The Chairman asked that the applicant come forward . David A. Keating, 11 214 North Deer Lane, Parker, CO 80 134, c ame forward and was sworn in . He stated that he would address th e requ ireme nts for a variance as they pertain to the subject sit e. He said that justice will be provided for all; because, if the variance is granted , there will be a neater , cleaner neighborhood. It will c u t down on vacan t land which has weeds, trash or unsightly storage. It wi ll prov i de c omp let e use of the R-2-C zoning allowed for this area . The people of t h e ne i ghborhood approved of this zoning several years ago, but have not taken advantage of its use. It will provide a sizable use tax from all t he ma t e rials used to build these structures. These taxes are u sed by th e City to develop Englewood. There will be larger property taxes for better schools, police and fire protection, parks and other public serv ices. The re will be more • I • • ( • Minutes Pa g e 3 • • - people t o partic ipate in a "neighborhood watch ", which wi ll ma k e the neighborhood safer. The average f amily will be able t o buy a home which is centrally loca ted, bec ause the pric e o f the units will be held down. There are unique circumstances because the s e pro perties were originally divided in approximately 1939 as lon g narrow hal f and f u ll acre lo t s with no alley between streets. This land has no gas, e l e ctric ity , City water or sewer, and the street s wer e poo r ly planned. The area went from a potato farm t o rural residential. Now that utilities are provided, th e farming uses are not nec essary. The dedi c ation of 25 feet on the south end of this property for the future Caspian Wa y , and five feet to widen South Zuni Street, reduced the size o f the lot. If this property were as originally subdivided, it would be over 1 9,000 f eet in size. Based on 6,000 feet for each duplex, there would be enough land for three duplexes, and there would be no problem with rear yard setbacks . The dedication of this land has put a hardship on the owner and anyone who wants to develop this property. There would not be a reasonable return in use, service or income compared to adjac ent c onforming property without the v a rianc e, Mr. Kea ting said. The cost per unit will go up with a smaller number of units on the property. This is due to bringing in a sewer line from West I lif f Avenue, and telephone and electrical services. This is a boundary between two c ities; and the conditions of the two c ities must be met, whi ch i s not true of other properties in the area. This fact will cause the property to be undeveloped for a long time, or it ma y not be developed at all. This variance wil l not weaken the Ordinance, Mr. Keating continued. He s aid that the Plann ing Division always reviews anything propo sed fo r c onf ormance . Each proposed development wil l need t o meet the R-2-C zoning requir ement s , or a pp ly for a varianc e . No varianc e i s g r a n ted on the bas i s of wh at has be e n granted before; each request is taken s epa r a te ly. Building duplexes in this area will strengthen the area and the zoning ordinance, because that is the reason the zoning was changed to R-2-C several years before. Large undeveloped lots encourage weeds and unsightly storage. Building duplexes will improve the neighborhood and encourage further development, bringing new hope and life to this community, he said. Mr. Seymour asked what hardship there was in this case. Mr. Keating stated that the dedication of land for West Caspian Avenue a nd South Zuni Street created a hardship on the owners; because without the dedication, they would have been able to comply with all the requirements. Mr. Hallagin asked if there is already sewer service on this property. Mr. Keating said there is Englewood water; and the Englewood sewer is going through Iliff. He would install an eight inch sewer to serve the proposed structures and dedicate an easement through the property. Mr. Hallagin asked how much the traffic would be increased on South Zuni I • • • Minutes Page 4 • • - Street. Mr. Keating said that based on one car per unit, there would be only three cars added to the traffic. Mr. Hallagin said that few families have only one car. Mr. Ferguson said that from the plans, there would be a two car curb cut for e ach of those units, or three curb cuts on South Zuni Street . Mr. Keating said that there is already an existing curb cut the re. Mr. Ferguson said there is no one using the existing one at the prese n t time; and Mr. Keating is planning for at least 6 cars. Mr. Keating said that the City requires him to provide for two cars per unit. Mr. Ferguson said that reduction in lot area. lot. Mr. Keating said and this seemed better Mr. Keating is asking for approxi mately a 17% He asked why the duplex is planned for the smallest that more excavation is required for a duplex, for storage of dirt for backfilling . Mr. Ferguson aske d if Mr. Keating had considered tearing down the existing house and buildi ng two duplexes. Mr. Keating said that the house is of substantial value , has been remodeled and has been in the family for years. The cost of building is high, and demolishing the old house only to add one extra dwelling would not be economically possible. Mr. Seymour stated that Mr. Keating is lacking approximately 17% overall in lot area, with a 12% requested reduction on one lot, 27 2/3% lacking on the second, and 11 1/3% lacking on the third. All the sites are lacking over 10% of the required lot area. Mr. Brown asked about the utility easement going through the center of the property. Mr. Keating stated that he had obtained permission to build across the easement from Public Service. He said he had contacted Mountain Bell, and he was told that Mountain Bell did not anticipate any problem with serving the area . Mr. Keating said the easement ends at Zuni and does not go across the street. Carrying the service from the easement down the middle of the block and then across Zuni is not necessary. Service could end at the back of the proposed structure with a pedestal and go underground. Mr. Keating would then dedicate an easement across the back of the property, which would form a "T" with the present easement. Mr. Keating stated that Public Service, through Mr. Joe Brennan, had ap- proved the plan. He asked the Board to refer to a letter submitted at the previous meeting from Mr. Brennan stating that there would be no problem for Public Service if Mr. Keating built across the easement. Mr. Seymour asked if the phone company had approved. Mr. Keating said that he had spoken to Beverly Short at 1005 17th Street, Room 550, Denver, and she said that service would be available. Mr. Seymour said that Ms. Short is a service representative and he asked if Mr. Keating had contacted the Right-Of-Way Department or the Engineering Department. Mr. Keating had not. There were no further questions from the Board. The Chairman asked if there were any further speakers in favor of the variance. James Ramer, 2250 South Zuni Street, came forward and was sworn in. He stated that he had lived in the area for 16 years. There have been many • I • • ( ( • Minutes Pa ge 5 .. • • • improvement s . Everybody's property values will go up with new development; and people wil l be encouraged to improve their own property. This will bring in more revenue for the City . Mr. Brown asked if Mr. Ramer saw any problems with extra curb cuts on South Zuni Street. He said that six more cars would not add much to the problem. Mr. Se ymour asked how heavy the traffic is on South Zuni Street. Mr . Ramer said there is l ess than moderate traffic the re . Richard Telfer, 2399 West Wesley Avenue, was sworn in. He said that he pulls out on Zuni a b out once a week; and it's no worse than the traffic on Wesley, if he is careful. The new structures would improve the neighborhood . There were no questions from the Board . Margaret Telfer, 23 99 West Wesley Avenue, came forward and was sworn in. She stated that she had lived in the neighborhood for 16 years . There were no utilities there at that time . Over the y ears there have been many improvements. She wants improvements to continue in the neighborhood. She said that there is just as mu c h traffic on Tejon as on Zuni. The townhouses built on the c o rner of Wesley and Tejon were built by Mr . Keating, and they have g reatly improved that corner. She understands that some people wa nt t o keep t heir property as farmland; but she is for Mr. Keating and progress. Mr. Fergus on s tated that the area is z oned f or duplexes , but Mr. Keating is requesting substandard l o ts f o r the duplexes. Mr . Ferguson stated that in his opinion there is not enough lot area for what Mr. Keating plans. There were no f urther questions. The Chairman asked i f there were any f urther speakers in favor of g ranting the varianc e. Mr. Daniel Tel f er, 34 3 3 We s t Bowles Avenue, Littleton, Co lorado, c ame forward and was sworn in. He stated that the area has prog res sed s t ead ily f r om a rural a rea into a beau ti f ul area for peo ple of mod erate to mi d d le i ncome. If t he d e velopme n t co ntinues, the neig h - borhood should continue i ts pr og re ss . Mr. Ke a t i n g 's projec t wil l use the land to the fullest. The r e has been a hardship beca use of the City 's taki ng 25 fee t on the sout h of the property and five f eet on the west . If Caspian never goes through, it would be very unfair to the owne r and the applicant. There were no questions from the Board. Chris Bowman, 2030 West Evans Avenue, came forward and was s worn in. She stated that she has owned the property at 2130 West Wesley Av e nu e for about 14 years. People had been working for a long t i me to imp r ove the ne i gh borhood, and Mr . Keat i ng has helped with t h e i mprov ement process. The proposed changes will bring more children into t he neighbor hood, so the sch ool can be reopened. The people changed the zoning from R-1 to R-2 so that more people would move into the area. There is no problem with the traffic on Zuni; she drives t here e v ery day. She said t h at Mr . Keating should be allowed to put up the structures. Mr. Brown asked for the location of the duplexes wh ich Hr. Keating built. Ms. Bowman replied that he built on Wesley and Tejon, a nd in the middle of the block on Wesley behind Zuni and Tejon. She said the duplexes are very nice. Mr. Brown asked if they were rentals or had been sold • • I • • • Minutes Page 6 She said she did not know. • • - Kurt Johnston, 2130 West Wesley Avenue, stated that he grew up in the neighborhood, and likes it better today . There are roads and no dump s . He has three small children, and progress in the neighborhood has been good. It would be good for his children to have more children to play with. There were no questions from the Board. Terry Clouatre, 7372 South Elm Ct., Littleton, came forward and wa s sworn in . Mr. Clouatre stated that he is an insu rance agent in Cinderel l a City, and works in the south end of Englewood . He stated that this area should have the lots de veloped a nd the gaps filled . This would make a nicer city and improve tax revenues . Duplexes on this property will be an economical form of housing. Mr. Keating wi ll do a good job. Mr. Ferguson asked if the duplexes on Wesley required variance. Mr. Yenglin said that there had been no variances granted to Mr. Keating in the time Mr. Yen g lin has worked f or the City . There were no further speakers in f avor of g ranting the v arianc e. The Chairman a sked i f there were p e rsons wi shing t o s pea k in opposition t o the varianc e. Mrs. Agnes Vardeman, 2073 West Baker Avenue, who also owns a junk y ard at 198 5 Wes t Baker Avenue, came forward and was sworn in. She stated t hat she had no objec tion to duplexes, but this is a large variance f rom the required lot area. The duplexes a cross the street from her are renting f or $600 a month ; the ones on Tejon a r e $550. These do not seem economica l to her . Rent a l units ha ve big turnovers, and peo p l e move i n and out of t he neighborhood. They do not help with "neighbo rhoo d wat c h" bec ause no one knows whether the people belong or n o t. She does no t bel i ev e that there will be a reopening o f the schoo l in the neighborhood. She s aid t ha t s he i s aga inst buil din g s o close with no place fo r c hil dren t o play . The r e were no questions from t he Board. Dennis Kelley, 2393 West Warren Avenue came for ward a nd was s worn in. He stated that he o bjects t o the variance because there is already a traffic problem . He s a id he is not against growth. He worked for the zoning c hange, but peo ple are not meeting the zoning standards; they keep asking for more. 2 7% is a huge amount to be short on the lot area. Some of the developers, he bel ieves , are pushing to remove setbacks, and front and back yard s . Mr. Keating 's request would not be good for the area. He should be able to build only one duplex on the available property, not a duplex and a single-family home. The ordinance says that an existing site cannot be reduced beyond what is permitted in t h e zon i ng rules. He said that he has known and liked the Telfers for a long time , but cannot go along with such large reductions . He has turned down offers for his own property from developers who would "jam in" buildings. Mr. Brown said that he sympathizes with the need for play areas for children. These units will be , however, for beginning families. Many people cannot afford to buy new housing. This will make it possible for • I • • ( ( • Minutes Page 7 • • - them to find a place to live while they have only one or two children. Mr. Kelley said that he understood this, but 27% reduction is beyond what is reasonable to grant for a variance. Gerald Capesius, 2350 West Warren Avenue, came forward and was sworn in. He said that he should not be against the applicant's plan because ever since the zoning was changed, the City has granted many variances; and before long he will be able to build three duplexes on his property. Mr. Capesius stated that his front yard is as large as one of the proposed sites. He said he will move out of the neighborhood because they seem to be making Englewood as bad as downtown Denver was, and people moved to the suburbs to avoid the overcrowding of Denver. The kids are playing in the streets in northwest Englewood, although there is a nice park. People won't let their children go to parks alone. There are rules for developing, and developers should have to follow them. He is against any reduction of lot sizes for anybody. There were no questions from the Board. Mr. Keating returned to clarify some issues. He stated that he had never applied for a variance on any other property. He said that these dwellings were not planned for renting. Each will be a separate unit. He is not asking for a larger variance, and will be meeting the off-street parking rules. He is asking for a variance only for lot size and rear yard set- back. Mr. Seymour asked if the duplex was to be separate single-family attached homes with separate ownership. Mr. Keating said it would be. Hr. Brown asked what the price range would be. Hr. Keating said the duplexes would be in the low 60,000 dollar range and the single-family home in the mid 60's. People who can't afford to buy most homes could afford these with the "245 Plan" and could get -into one of these homes for $400 to $500 per month, with gradually increasing payments. Hr. Fish asked what other properties Mr. Keating had built in the area. Mr. Keating said that he built 2000 and 2010 West Wesley Avenue. Mr. Fish asked how far those units were from the proposed development. Mr. Keating said it was two blocks away. Mr. Fish asked if those were similar units; Mr. Keating said they were. Mr. Fish asked if there had been a problem with the 6,000 square footage on those units. Mr. Keating said there had been no problem. Mr. Fish asked why Mr. Keating could not build only one duplex, as this would solve the easement problem and the reduction in lot area, and would be just as advantageous to the neighborhood. Mr. Keating said the easement was merely a formality. Mr. Fish asked what is the difference between building a single duplex and building the home and the duplex. Mr. Keating said that economically he needs the two structures because he has to install a sewer to serve the dwellings. In order to justify paying for the sewer, he must have three units. Mr. Fish asked if Mr. Keating had had the same problem with the other units. Mr. Keating said the units on Tejon and Zuni had the same problem; and the owner overcame the problem. Mr. Fish said that this appeared to be asking for a variance on economic reasons. Mr. Keating agreed • • I • , • Mi nutes Pa g e 8 • • • The Chairman asked if t he Sta ff had any thing f urther t o add, and included the Staff Repor t i n the Record. Dorothy A. Romans, 3600 South Bannock was sworn in for testimony . She stated that she is the Assistant Director o f Co mmunit y Develo pment in the Planning Division. She said the area is zoned R-2-C, permitting single family and two famil y residential units. There shoul d be a mix of single and tw o family residences. When Mr. Keating originally applied for a variance, he told Mr. Yenglin that the duplex would be r e nted , and if it were sold, it would be in the f uture . Had the staff known that Mr. Keating intended the two-family unit t o be sold a s sing le famil y attached units, there would have t o have been f urther variances, because each unit is required to have 25 foot fronta ge and 3,000 square feet of lot area. The staff did not include that request because they were told that these would be rental units . Mrs. Romans said that every structure built in Englewood must have adequate access and the dedication of rights-of-way for Zuni and Caspian are not unique to this property . The property can be developed other than in the form proposed. There are 38 lots in the block in which this property is located and 30 of these lots have dedicated the land for the right-of-way for West Caspian Avenue. When all of the right-of-way is dedicated, the street will be graded open and when deve lopment occurs, water and sewer service would be installed. As to the easement, the letter from Mr . Brennan of Public Service says service can be provided. The testimony was that Mountain Bell also said service c an be provided . In the Master Street Pl an several streets in that area have been designated by the City to be opened --Baltic is t o be opened between Vallejo and Tejon, Adriatic is t o be opened between Zuni and Val lejo, and Caspian wi ll be o pened between Zuni and Tej o n. The City ha s been trying to wo rk with Public Service and Mountain Be ll t o straig hten up t he probl em s with utilities on Hil lside, a nd a s a r e sult of this e x perience, the City Eng ineering Depa rtment and the utility compa n i es have dec i d e d that the best way t o prov i de u t ility service to t he propert i e s is t o provide an easement mid-block . The Eng i neering De par t ment would object to ending the easeme n t on the east side of lo t one, as proposed by Mr. Keating. The easement would be to the City, f or the use of Mountain Bell and Public Se rvice and a ny other necessary public purpose; and the City Engineer's position is that the easement should go straight through to Zuni. The Utilities Director also disapproved of the proposed division of thepro perty because the utility problems are not yet solved. Mrs. Romans sta ted that economic hardshi p is not a cr i teria for granting a variance. The only reason would be if there is a condition on the property wh ich precludes the owner from developing i n the same fashion as others in the area. Mr. Brown asked for a n explanation of the u tility easemen t. Mrs . Romans stated that the proposal is to move the utilit y poles from t he center of West Caspian Avenue to easements down the mi ddle of the block between West Caspian Avenue and West Iliff Avenue to the north and West Wesley Avenue to the south. The service would thereby be fed in at the rear • I • - ( ( • • • • Minutes Page 9 of the developed lots, rather than running across the front of the lots. This is the plan developed by the Engineering Department after discussion with the other City Departments and the utility companies. This is the reason the City Engineer asked that there be no building across the location of the proposed easement. Mr. Gage asked if there were any other structures which are presently blocking the proposed easement. Mrs. Romans said there are some garages, and Engineering will have to work with those situations. Where there has been dedication of the street right-of-way, the City presumes that the owners will be dividing their land for development. Mr. Gage asked what would happen if the other eight owners dedicated the right-of~ay within the next few weeks. Mrs. Romans said the City would grade Caspian, and put in aggregate, and they would work with Public Service and Mountain Bell to move the power poles. It requires cooperation with the utility companies, the City and the developers for the development of the neighborhood to take place. Mr. Seymour stated that the gas, water and sewer would be in front of the properties; Mrs. Romans agreed. Because of the problems on West Hillside Avenue with the Fire Department's oppos ition to all furth er development until the utility poles are moved, the City has planned for the utility develop- ment in the other neighborhoods, and opposes changes in the plan. Mrs. Romans added that development must occur in an orderly manner. Mr. Keating asked if Englewood is working with the Denver Planning Department. Mrs. Romans said that she did not know; she was told by the City Engineer that he opposes the blocking of the easement line. Mr. Keating said that if Englewood is not working with Denver, the continuance of the easement in a straight line would be of no use. Mr. Keating stated that he was under the impression that the eight remaining dedications represented people who had been holding out for 15 years. Mrs. Romans said that the City has been receiving dedications since the area was annexed in 1958. There is a strong majority of people saying they want development in the block, and it is the City Engineer's position that the City must provide for orderly service; it cannot be done piecemeal. Mr. Seymour said that he thought that the service for the telephone feeds from Zuni, and the natural line would be where the easement is instead of having a jog as the applicant proposes. The Chairman closed the Public Hearing for Case No. 4-84. BOARD MEMBER FERGUSON MOVED THAT A VARIANCE BE GRANTED IN CASE NO. 4-84, FOR PROPERTY LOCATED IN THE 2300 BLOCK OF SOUTH ZUNI STREET. THE APPLICANT HAS AN OPTION TO PURCHASE THE SUBJECT PROPERTY, WHICH IS BETWEEN WEST ILIFF AVENUE AND THE RIGHT-OF-WAY FOR WEST CASPIAN PLACE , ALONG SOUTH ZUNI STREET. HE PROPOSES TO DIVIDE THE PROPERTY, WHICH IS 24 0.8 FEET WIDE BY 62 FEET DEEP INTO THREE BUILDING SITES. THE NORTH SITE, ON WHICH THERE IS A SINGLE-FAMILY DWELLING, WOULD HAVE 5270 SQUARE FEET OF LOT AREA INSTEAD OF THE REQUIRED 6,000 SQUARE FEET. THE MIDDLE SITE, ON WHICH THE APPLICANT IS PROPOSING TO CONSTRUCT A DUPLEX, WOULD HAVE 4,340 SQUARE FEET OF LOT AREA INSTEAD OF THE 6,000 • I • • • - Mintues Page 10 SQUARE FEET REQUIRED. THE SOUTH SITE, ON WHICH THE APPLICANT IS PROPOSING TO CONSTRUCT A SINGLE-FAMILY DWELLING, WOULD HAVE 5,319.6 SQUARE FEET OF LOT AREA INSTEAD OF THE REQUIRED 6,000 SQUARE FEET. IN ADDITION, THE REAR YARD SETBACK FOR THE MIDDLE AND SOUTH PARCELS WOULD BE 20 FEET INSTEAD OF THE REQUIRED 25 FEET. THE PROPOSED DIVISION AS IT RELATES TO THE EXISTING HOUSE WOULD BE IN VIOLATION OF THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22.5-8 a, WHICH STATES THAT NO EXISTING BUILDING SITE SHALL BE REDUCED SO THAT THE LOT AREA SHALL BE SMALLER THAN PRESCRIBED BY THE ORDINANCE, AND THAT NO PORTION OF A LOT, NECESSARY TO PROVIDE THE REQUIRED AREA PER DWELLING UNIT, SHALL BE SEPARATED FROM THAT PORTION OF THE LOT UPON WHICH THE BUILDING IS LOCATED. THE APPLICANT IS REQUESTING VARIANCES FROM THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22.4-7 c -MINIMUM AREA OF LOT; SECTION 22.4-7 k - MINIML~ REAR YARD; AND SECTION 22.5-8 a -REDUCTION IN LOT AREA. Board Member Hallagin seconded the motion. Discussion followed. Upon a vote, all six Board members voted in opposition, and the Chairman ruled that the motion was DENIED. The Board members gave their findings as follows: Mr. Ferguson voted "no" because the hardship is economic; there are no unique circumstances on the site. All the lots to the east are basically the same size. To grant this variance would be introducing a new zoning into this area and crowding it. Mr. Gage voted "no" because the six conditions necessary to grant a variance were not met. He referred to the easement problems. Mr. Brown voted "no" because of his concern about the utility easement plan. When there is a plan, we could be in trouble with development if we don't follow the plan. South Zuni Street has a lot of traffic, and more curb cuts will increase the traffic problems. This would be putting too many dwellings on this piece of property. Mr. Hallagin stated that the applicant has other options, and did not meet the six requirements. Such building would increase the traffic hazards. After the utility problems are worked out, the applicant could build several different ways economically. Mr. Fish said that he voted "no" because the hardship is basically economic. Since the City has problems obtaining the easements, there is no reason to add additional problems. Mr. Seymour voted "no" because the applicHnt did not meet Conditions 2 and 3 (unique circumstances and reasonable return possible) of the six conditions whi ch must be met before the Board can grant a variance. Th re was no hardship, as economics do not constitute a hardship for the purpos of granting a variance. This plan would put too many hous s in too small an area with yards too small. He also objected to changing the asem nt . • I • • - ( • Minutes Page 11 DIRECTOR'S CHOICE. • • • Mrs. Romans reminded the Board that they would be meeting with City Council on February 22. The Board requested that the dinner meeting be changed from 6:00 to 5:30. Mrs. Romans said that the Board would be called to give the correct time, and to remit1d the Board of the meeting. Mr. Gage said that he would appreciate an agenda for the meeting. BOARD'S CHOICE. BOARD MEMBER GAGE MOVED THAT HOWARD BROWN BE APPOINTED VICE CHAIRMAN OF THE BOARD OF ADJUSTMENT AND APPEALS FOR 1984. Board Member Ferguson said that a nomination did not require a second. All members present voted in favor of Mr. Brown for Vice Chiarman, and Chairman Seymour stated that the motion was PASSED. The meeting adjourned at 9:22 p.m. Sheryl Rousses, Recording Secretary • I • • ( • I' • • - CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSIO N March 6, 1984 I. CALL TO ORDER. 5 D The regular meeting of the City Planning and Zoning Commission was called to order at 7:00 P. M. by Chairman McBrayer. Members present: Venard, Allen, Barbre, Becker, Carson, Magnuson, McBrayer, Steel, Tanguma Romans, Assistant Director of Community Development Memb e rs absent: None Al so p res ent: Susan King, Senio r Planner I I. APPROVAL OF MI NUTE S. February 22, 1984 Cha i rman McBrayer stated that the Minutes of February 22, 1984, wer e t o be c ons i d e red f o r approval. Cars on mo v ed : St eel seconded: Th e Minutes of February 2 2 , 1984, be approve d a s writt e n. AYES : Barbre , Beck e r, Carson, Magnu s on, Mc Brayer, S teel, Tanguma, Ve nard NAYS: No n e ABS ENT: No n e AB ST AIN: Al len The motion carried . III. FINDINGS OF FACT CASE 1113-84 The Broadway Planned Development Chairman McBrayer stated that the Findings of Fact pertaining to Case 13-84, The Broadway Planned Development, were to be co n sidered for ap- proval. Barbre moved: T nguma second d: Th Findings of Fact on Case #13-84, The Br oadway Planne d Development, be approved as writ t en . AYES: Barbr , B ck r, Carson , Magnuson , McBrayer, St eel , Ta n guma , Ven a r d , All n NAYS: Non Th motion carri d. IV. PUBLIC FORUM. Mr • in the audi nc wish d to addr a th Com- • I • • - • • • • -2- mission. No one wished to speak. V. DIRECTOR'S CHOICE. Mrs. Romans stated that invitations to members of the Planning Commission to attend an open house given by the sponsors of the Community Care group home in the 3200 block of South Sherman Street had been presented to the members prior to the commencement of the meeting. The program will begin at Porter Hospital where an explanation of Community Care will be given and then an open house will follow at the group home. They are asking for an RSVP, and Mrs. Romans suggested that members of the Commission who are interested in attending contact the Community Development Secretary, and she will make the reservations. VI. COMMISSION'S CHOICE. Mrs. Becker asked if there were other members of the Commission who really wanted to go to the APA Conference; if not, she would continue her plans to attend. Mr. McBrayer stated that upon reviewing his schedule he has determined there will be some conflicts, and in light of the conflicts and the monetary situation, he will not be going to APA. The meeting was declared adjourned at 7:05 P. M. • 0 I • • ( • • • MINUTES ENGLEWOOD PUBLIC LIBRARY ADVISORY BOARD ~larch 13, 1984 Chairman Jerry Valdes called the regular meeting of the Library Advisory Board to order at 7:35 p.m. PRESENT: REGRETS: ALSO PRESENT: Jerry Valdes, Debbie Dix, Bruce Hogue, John Peterson, AI Quaintance, Gerald Sampson, Kay Van Valkenburg, Dorothy Wheelehan Lois Sterling Sharon Winkle, Director of Libraries Donna Gottberg, Recording Secretary Roll call was taken and a quorum declared present. Mr. Valdes turned the meeting over to Ms. Winkle for the Director's Report. ~1s. Winkle distributed a report from the Planning Cormnittee regarding the com- mittee's recommendation to hire Mr. David R. Smith as building consultant for the proposed new library facility. She noted the duties and responsibilities of a building consultant and explained the reasons Mr. Smith was chosen over the other consultants which were considered. 84-9 MOTION: That the Library Advisory Board accepts the report of the Planning Committee recommending the hiring of Mr. David R. Smith as building consultant, and further recommends that Council approve funding for the building consultant in the amount of $13,980. • Moved by : AI Quaintance Seconded by: Dorothy Wheelehan There was a brief discussion of the two consultants interviewed. Motion carried. The timeline for the consultant was briefly discussed. The Board expressed their thanks to the Planning Committee. ~Is. Winkle gave a brief update on the ~!etropolitan Library District (t-!LD) formation. A Commissioner's Report will be forthcoming. A letter was received by Mr. Valdes stating Denver's support of such a District. Activities for National Library Week (April 8-14) were discussed. On April 9 Englewood Public Library (EPL) will host the Joint Meeting of the Arap- ahoe County Libraries. Ms. Van Valkenburg and Ms. Wheelehan volunteered to help with refreshments. Ms. Winkle explained the Remembrance Fund and gave background for the new members. continued .•.. • 0 I • • • • • • -2- Ideas are needed to publicize this fund to raise additional revenue for the Li- brary. The Board will plan a publicity campaign. Mr. Valdes, ~Is. Dix and Ms. Wheelehan volunteered to work on Public Relations. The Library will begin a third story hour each week beginning Thursday, March 22, from 2-2:30 p.m. with Ms. Geschwentner in charge . Chairman's Report Mr. Valdes asked for volunteers to work on an Activities Committee for the Board/ Staff. Mr. Peterson and ~lr. Hogue volunteered. Mr. Valdes will send a formal thank you to Council for the dinner and discussion session last January and include a request that it be planned again for the same time next year. A review for possible reV1s10n of the Organization & ~leeting Ordinance was tabled until the May meeting. Discussion regarding a Library Support Group was tabled until the May meeting. Letters acknowledging service on the Board have been sent to Bob Currie, Barbara Bray and Marietta Brown. Members' Choice Mr . Sampson gave a brief report on the Joint Board Meeting held at Littleton last month. Mr. Hogue asked for clarification on which Board members belong to which organization ~ Ms. Winkle explained that all Board members belong to the Colorado Library Assoc. (CLA), the Vice-Chairman belongs to the Mountain Plains Library Assoc. (MPLA) and the Chairman is a member of 1he American Library Assoc. (ALA). Ms. Van Valkenburg commented on how much she enjoyed the Joint Board Meeting at Littleton and the topic "Censorship". She also was pleased to have the opportunity to tour the Littleton Library and see all the changes since the remodelling. ~Is. Van Valkenburg will draft a letter to the Sentinel regarding our new building program and our activities during National Library Week. Mr. Quaintance suggested the Library purchase the book Dream West by David Nevin from a review in the Denver Post. ------ Ms. Wheelehan received a note from Ms. Linda Mustard of Adams County Friends, noting that there was a meeting in January regarding the Book Sale. She will contact ~Is. lo\Jstard so we will be notified of the meetings in advance, so we can participate. Mr. Hogue asked how our retrospective conversion project was progressing. Ms. Winkle stated it was on track now. There had been some problems with the phone lines, but these problems seem to be resolved now. o committee reports. No unfinished business. continued ...• • I • • • • • -3- The Statistical Report for March 1984 was briefly discussed. Ms. Winkle noted that we no longer have our suggestion book, but have suggestion notes, which can be answered individually, if the questions merits that type of an answer. We have had three suggestions/comments to date. 84-10 MOTION: That the Minutes from the February 7, 1984 Meeting be approved as written . Moved by : Bruce Hogue • Seconded by: Debbie Dix Motion carried. Meeting adjourned at 9:17 p.m. 3 -15 -84 dg • I • • ( • • • • ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY 3535 S. Sherman -Englewood, CO 80110 MINUTES March 14, 1984 Board Members Present: Close, Coleman, Casson, Holthaus, Kaufman, Maxwell, Neal, Owens, Pendleton, Tomooka Board Members Absent: Mausolf Staff Present: M. Haviland, P. Dietrich Guests: Roger Kinney , Russ Norfleet , Ted Vasilas, J.D. Pearce, John Pearce, Ed Cordova, Andy McCown, Susan Powers r Chairman Casson called the regular meeting of the Englewood Downtown Develop- ment Authority to order at 11:58 AM on March 14, 1984. As is the custom at Board meetings, there were introductions of those present. The minutes from the February 8, 1984, meeting were presented for approval. Mr. Kaufman moved, seconded by Ms. Owens, to approve the minutes from the February 8, 1984 regular meeting. The motion was passed unanimously by voice vote. Mr. Pendleton presented the bills fo r payment. Mr. Maxwell moved, seconded by Mr. Kaufman, to approve the bills for payment. The motion was passed unani- mously by voice vote. Mr. Pendleton also presented the Treasurer's Report. CHAIRMAN'S REPORT Mr. Russ Norfleet presented an update on the proposed plans for the new Safeway building at Logan and Hwy. 285. He indicated that it would be open about October 1, 1984. Also, it is proposed that the new store is antici- pating sales that are double of what they are now. Mr. Norfleet mentioned that approximately ~ acre is available for purchase to the north and west of the proposed building. • I • • • Page Two Minutes March 14, 1984 DIRECTOR'S REPORT • • • Mr. Haviland presented the Englewood Economic Brochure to be distributed in the area. It was noted that developers would also be a target audience for distribution as an addition to a list of groups already prepared by the staff . Mr . Haviland indicated that he is going to ask Fred Burke for a written evalua- tion of the clean up effo rts to date. This will be available at the next meeting. Mr . Gasson directed the Executive Director to follow up with an inspection as to the quality of work that is being done. Urban Renewal Plan -Update -The revised URA plan includes property on South Acoma Street. Also, the URA is being asked by Brady to include the leases in the property that he has already acquired on South Broadway. Mr. Brady will have to produce good faith evidence that he has negotiated in good faith with each of the property owners and leasees in the redevelopment area . This will also have to take into consideration replacement value. Several ques- tions were raised concerning the amount of time that a merchant has to move if his property is acquired. Mr. Ted Vasilas addressed the Board with his concern that Council should be concerned that fair .and adequate negotiations take place between the leaseholder and developer prior to any discussion of lease condemnation . Mr. Vasilas questioned if the negotiations in his case were being undertaken in good faith . It was mentioned that several tenants have not been notified regarding their options with this redevelopment plan. Mr. Neal directed the Executive Director to distribute the rules and process entitled to each tenant regarding his rights. The information for this will be forthcoming from the City. Chamber of Commerce -Mr. Pendleton noted that his report from the Task Force concerning the two chambers of commerce will be forthcoming. He noted several points that would be included in it: -The area is in favor of growth. -The report is going beyond the retail community. -There is indication that some service businesses are moving out of the area because of the decline of businesses in the area. -The growth is moving farth southeas t. -General promotion of the Englewood area should be undertaken. -There are no general complaints about the city services . • I • • - • ( • Page Three Minutes March 14, 1984 • • • City of Englewood Chamber of Commerce -Mr. Coleman noted that this new Chamber has an office, a board of directors, and executive d irector, and some members. They are currently using a large volunteer group to accomplish their goals. There will be an open house-ribbon cutting ceremony on March 16, 1984 at 5:30 PM. The Board is cordially invited to attend. Cinderella City is helping with the organization of this new Chamber of Commerce. Also, it was noted that there is no animosity towards the Centennial Chamber of Commerce as there is a need for both organizations. Request for Funding -Mr . Coleman moved, seconded by Mr s . Holthaus, to appropriate $5,000 to the City of Englewood Chamber of Commerce. Discussion followed. It was mentioned that the DDA gave the dba $1,000 a month for th e first 6 months, and then $500 a month for the next 6 months. Mr. McCown suggested that the DDA check with an attorney regarding the appropriation of public funds. Ms. Owens moved, seconded by Mr. Pendleton, that the f ollowing amendment be added to the motion. Because additional information is needed regarding th e budget, the.goals, the projection of memberships, and the legal remifications of appropriating public funds, it is necessary to postpone this decision until the next Board meeting. The amendment passed unanimous ly by voice vote . The amended motionWls then discussed. It was passed unanimousl y b y voic e v o t e . Security Update - area ha s improved. eliminated. Fred Kaufman noted that the police securit y in the downtown Some of the problems that he had noted had been reduced or OTHER -Mr. Ca sson s ubmitted his r e signation as Chairman o f the Board of Direc t o r s, effec tive Ma rc h 31 , 1 98 4 . Di scu ss ion followed a s to how to fill the vacancy until the n ext r egu lar e l ec tion o f o ff i cer s in Jun e , 19R4 . Mr . Coleman moved , secon ded by Mr. Ma xw e ll, to appoint Mr. Wa l t e r Tomooka a s Chairman to fill t he r emainin g po rt i on of the term o f office . The mot i on wa s passed unanimous l y by voice vo te. Ther e being no fu rthe r b u s ine s s, the meeting wa s adjourned at 1 :50 PM. • I • • - • First .Interstate Bank March 19, 1984 • • • Firat Interstate B•nk of Englewood , N.A. 3333 South Bann ock Street P 0 Box 240 Englewood. CO 80110 303 76 1·1000 The Hon . Eugene L . Otis Mayor of City of Englewood 3400 South Elati Englewood, CO 80110 Dear Mr. Mayor: Cletus A. Gassen Cha~rman of the Board I This letter will serve to notify you that I will be relocating my permanent residence to the State of Washington and retiring from the First Interstate Bank of Englewood in the near future. My employer and I felt that it would be inappropriate for me to continue to serve as a director and chairman of the E.D.D.A., and therefore I tendered my resignation to these positions ef- fective March 31, 1984. I sincerely appreciate the opportunity to have been a director and serve as chairman of the Authority and wish the City and the Authority continued success. cc: Walt Tomooka John Neal • I • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE March 28, 1984 AGENDA ITEM SUBJECT Cherry Hills Rancho Sanitation District Supp. #2 (of3 INITIATED BY ------~E~n~gl~e~wo~od~W~a~t~er~a~n~d~S~e~w~er~B~oa~r~d~-------------------- ACTION PROPOSED ____ ~A~p~pr~o~v~a~l~o~f~Ch~e~r~r·y~H~i~l~l~s~R~a~nc~h~o~Sa~n~i~t~at~i~o~n_D~l~·s~t~r~ic~t~---- • Supplement #2 BACKGROUND A request was made by the Cherry Hills Rancho Sanitation District representing the owners for annexation to the Cherry Hills Rancho service area. Inclusion of this land does not increase the tap allocation to the Cherry Hills Rancho Sanitation District. This request is for four sewer taps -2 taps for existing structures and two taps for 2 additional residences. a. The subject land parcel is approximately 7.25 acres. The existing zoning is residential and will remain the same. The property is located immediately east of Clarkson Street and south of Oxford Lane, identified as 1000 E. Oxford Lane, Englewood, Colorado. b. Lega 1: A parcel situate in the SW 1/4, SW 1/4, of Section 2, TSS, R68W of the 6th P.M., Arapahoe County, Colorado c. Owner : Barbara Jane McCaffery FINANCIAL DETAILS None. RECOMMENDATION At the March 13, 1984 meeting the Water and Sewer Board recommended that the City Council approve the annexation of the property described in Supplement 12 to the Cherry Hills Rancho Sanitation District . • 0 I • • • • • • A r ·1 . SUPPL EMENT NO. ~TO CONNECTOR'S AGREEiiENT 'fHIS /\G REEMEN 'r, ma de and entered into by and between t he CITY 01' ENGLEWOOD, acting by anrl thr o ugh its duly authorized Hayer and City Clerk, h erej n aftO!r re f O!rred t o as "City," and CHERRY HILLS RJ\N CHO WATER AtJD SAIH'!ATION DISTRICT, Arapah oe Count y, Colo rad o , hereina fter referred t o as "District;'' WHEREAS, on the 4th day e f OctobO!r, 1971, the City entered into a Connactor•s Agreemen t wit h the District con- cerninq t he c o nn ection of t he District's water distribution dntl sewer co llecLton facLlitics t o the City's water. supf)ly and sewage s ys tem; and WHEREAS, said Agreement provides that additional service areas can be included within the limits o f the District with the written consent of the City; NOW, THEREFORE, in consideration of the pre~ises and o f the ~utual covenants of the parties hereto, it is agreed as follows : 1. The City does hereby consent to the inclus1on o f the following described additional area into CHFR R¥ IIILLS ruuiCHO WATER AND SANIT ATION DISTRICT and agrees that aaid addit ional area ~ay be aerved with the water distribution and sewage system facilities of the Distr1ct, and that the City will supply water from the City's facilities for said additional a rea and treat t he sewage discharged i nto the District's sanitary sewer system and into the City 's trunk line from said additional area, al l in accordance with th~ Connector•s A grQe~ent between the C1ty and the District as now constituted. Accordingly, the Exh1bit "A" referred to in para graph 1 of said Connecter's Agreement ia hereby amenrted to include the follow1ng addit1onal real property, situate in Araoahoe County, Colorado, to wit: Petitioner's Nam : Property Descr1pL1on : Barbara Jane McCaffery See Exhibit "A" attached hereto and made a part hereof by reference . • I • • - • • • • • • 2. Except for the agreements set forth in paragraph l hereinabove, each and every ot her provision of said Connector's Aqrceman t remains unchanged and cont1nues in full f0rce and ef fect, und the additjonal area hereinabove included shall be subject to all the terms and agreements contained in said Co nnector's Agreemen t. IN WITNESS WHERJ:OF . the parties he reto have caused their names and seals to be hereunto subscribed and affixed this __ day o f ATTEST : C1ty Clerk (SEAL) ATTEST: Secretary (SEAL) ---------------· 1984. CITY OF ENGLEWOOD May or CHERRY HILLS RANCHO WATF.R AND SANITATION OISTRICT Arapahoe County, Colorado Pres1dent -2 - • I • • , -. • • • • CHERRY HILLS R~CHO WATER AND SANITATION DISTRICT ·. Barbara Jane McCaffery Inclusion A parcel of land situate in the SW1/4SW1 /4 of Section 2, TSS, R68W of the 6th P.M., Arapahoe County, Colorado, as more particu- larly described as follows: Tract 1: Beginning at a Point on the south line of Oxford Lan e whic h. is 366.0 feet east and 28.91 feet south of the northwest cor~er of said SWl/4SWl/4; Thence South, parallel with the west line of said SWl/4SWl/4, a distance of 330.00 feet; Thence East, parallel with the south line of said Oxford Lane, a distance of 957.0 7 feet; Thence North, parallel with the west line of said SWl/4SWl/4, a distance of 330.00 feet to a point on the south line of said Oxford Lane which is 29.38 feet south of the north line of said SWl/4SW l/4; Then ce West , along the south line of said Ox fo rd Lane, a distance of 957.07 feet to the poin t of beginning, said parcel c~ntaini ~g 7.25 acres, more or less. Tract 2: Commencing at the Northwest cor~er or-the-SW1/4SW1/4 of Section 2; thence south 89°54'4SH east 30.00 feet; thence south l 0 2 2'35H west 28.76 feet to the so uth line of Oxford Lane being the true point of beg inni~g; thence south 89°54'4SH east and along the south line of .Oxford Lane 322.80 feet; thence south l 0 22'3SH west 330.00 feet; thence north 8 9°54'45H west 322.80 feet to the east line of Clarkson Street; thence north 1°2 2'35" east and along the east line of Clarkson Street 330.00 feet to the point of beginning, containing 2.449 acres, more or less. EXHIBIT "A" • I . - ! • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE March 28, 1984 AGENDA ITEM SUBJECT ftJ r~ INITIATED BY Englewood Water and Sewer Board Greenwood Village Supplement #8 ACTION PROPOSED ____ ~A~p~pr~o~v~a~l~o~f~G~re~e~n~wo~o~d~V~il~l~a~ge~S~u~p~pl~e~me~nt~#~8~----------- BACKGROUND A request was made by the Greenwood Village Sanitation District representing the owners for annexation to the Greenwood Village Sanitation District area. Inclusion of this land does not increase the tap allocation to the Greenwood Village Sanitation District. a. The subject land parcel is approximately 1 acre. The existing zoning is Residential with no change proposed. This request is for construction of a new residence, requiring one tap. b. Legal: Part of the SE corner of Section 14, Township 5 South, Range 68 West, also known as 2000 Oak Leaf Lane. c. Owners : William and Marsha Baugh FINANCIAL DETAILS None. RECO~ENDATION At the March 13, 1984 meeting the Water and Sewer Board recommended that the City Council approve the annexation of the property described in Supplement #8 to the Greenwood Village Sanitation District . • I • • - • • • • • GREENWOOD VILLAGE SENER GENERAL IMP ROVEMJ::NT OISTRICT NO. 1 SUPPLE MENT NO. L_i_ 1'0 CIT¥ OF eNGLEI'IOOD CONNECTORS AGREEMENT SEWell CON1'RI\C1' NO . U A,.,. 3 THIS AGREEMENT made ann entered into by and between the en•¥ OF ENGLJ~woon, acting by ;lnd throu~Jh ito duly a uLhol·izt!d Mttyor und City Clork, he reinafter referred to as "City", and GREENWOOD VILlJ\CE Sei"IEH GENERAL IMPROVEMllN'r lll !:>TRICT NO, 1 , Arapahoe WITNESSE 'I'Il 1'11 111': WHEREAS, on the first day of May 1969, the City ent~~~d into a Connectors Agreement with the District concerning the connec- tion of the District's sewer collection facilities to the City's sewage aystem1 and WHEREAS, said Agreement provided that additional service aruas could be included w1thin the l1mits of thP nistrict with the written consent of the City1 and WHEREAS, said District haa includad by statutory procedure the following described lands withln ita boundaries, NOW, TllEREFORJ!:, in consideration of the premises and the mutual covenants of the parties hereto, lt is agreed as follows: l, That the City does hereby consent to thP. inclusion of the following described additional lands within the boundaries of said District, all situate within the County of Arapahoe, State of Colorado, to wit: Petitioner or owner: Pill lam naugh and Marsha Baugh, 5?49 Cast Map lrwocd nrlvc, 1,1 !1.•1 ""• Colorado 80121 J ! _ll c·• L'T i pt.J on 11uqlll l1 1tiiJ at,, point 275' Nollh aud 1009.2~' W"At ,., '" ~ ,,.,' l)t Section 14, ·rown r.h qJ 5 South, lt.uu)L' Gn \'i\' t ~'' 1 t ~lh 1'.1<1 ., thence Nort.h a distance of ~2~'1 thence W•·• • ·• di:~l.lnl'C of 'os•, thl:OCO South a c.1iRtliOC"C' or ~2~': th~lh( 1: .. ~1 11 distance of 205 • to tho .-oint o! 1Jcg1nnlny, < 011t.ll •· • I • - ( • • • • 1n9 I acre, more or less, in the County of Arapahoe, State o f Co lorado, also known as 2000 Oak Leaf Lane , Littleton , Colorado 801 21. 2. That the City hereby agree s that said additional area .. y be served with the existing sewe r facilities of said Diatrict , and that the City will treat the sewage discharged into the District '• sanitary sewage aystem and into the City's trunk line from s a~d addiLional area, n ll in a c cord~ncc with tl1c Connectors 1\gJ·e•ment hetween t h e City 10nrl the DiAtr i ct lind the rule s a nd regulations goveruing such matLe rs promulgated by thE' CiLy . J. That each and every other provis1on of said Connectors Ag reemenL s hall remained unchan9.:u . IN WITNESS WIIEREOF, the parties have set their hllnds a nd aeala this 27th day of __ ,.'-e"-b=r..::ua=r ... y ___ , 1984. ATTEST ! city clerk (S t ALl ATTE!lT 1 -2 - CITY OF ENGLEWOOD By uH~a~y~o~r~----------- GREENWOOD VILLAGE SEWER GENERAL IMPROVEMENT DISTRICT NO. l ~-() ~ By"~~~~~~~~~~r-----Chalrman ot the Board • I • • • - • • 0 I LITTl.£TOIII • • • tiTY OF ENGLEWOOD, COLO SMITATION DISTRICTS l--2.. DEJIWr t&.LS SAM. ASSOC. S. ~ .... LS SMl IG.I " "-lOLLS IE*On S. ......, lOLLS II&IIQID & ~ -.._LS Yll.LA8E t---~---.. ~ D.---l.£Y II COUWT'WT fCIIIIES 11.-T rs.~ VI.J •. ACIE M .._.. NILL.I IS.DJTM..........._ •-no ~E..., fl.--• -l.£Y • • ORDINAtCE 00. SERIES CF 198'~4--- • • • BY Al1I'HORITY ClJUN:IL BILL 00. 12 IN'l'ROOUCID BY CXXJOCIL MFMBER WEISl' AN OROINMCE; APPROVING AN FASEMmr 'ro OOUTH SUBURBAN ME:l'ROPOLITAN REX:REATIONAL AND PARK DISTRICT, A OOASI -HWICIPAL COROORATION, FOR 'HiE COLORAOO D~TION TRAIL. OOW, THEREFORE, BE IT ORDIHNID BY THE CITY C:OUOCIL CF THE CITY CF ENGLDiCXJD, COLORAOO: Section 1. There is hereby approved an agreement titled "Recreation Trail Easement" granting to South &lburban Metropolitan Recreation and Park District an easement for the Colorado Demonstration Trail as is more fully set forth in said agreement attached hereto, marked Exhibit "A", and incorporated by reference. The Mayor and ex officio City Clerk-Treasurer are authorized to approve said easement pursuant to the terms of this ordinance after the canpletion of the project according to the terms of the License Agreement described in Section 2 hereof. Section 2. said easement described in Section 1 hereof and found in Exhibit A shall be subject to and conditioned \4)0n the faithful and satisfactory performance of those obligations of the License Agreement marked Exhibit "B", attached hereto and incorporated by reference. The Mayor of the City of &lglewood and the ex officio City Clerk-Treasurer are hereby authorized to execute said License Agreement forthwith. Introduced, read in full, and passed on first reading on the 5th day of March, 1984. Published as a Bill for an Ordinance on the Uth day of March, 1984 • Read by title and passed on final reading on the 2nd day of April, 1984. • I . • • • • • • Published by title as Ordinance No. ___ , Seri es of 1984, on the 4th day of April, 1984 Attest: &lgene L. Otls, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of ~lewood, Colorado, hereby certify that the above and foregoing is a. true, accurate and canplete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1984. --- Gary R. H1gbee 2 • I • • • • n I • • • REX:RFATION '!'RAILWAY EASEMENI' nus INDENTURE, made this day of , 1984 between 9:XJTH SUBURBAN METROPOLITAN REX:RFATION AW PARK DISTRICT, a quasi-municipal corporation, herein referred to as District, and CITY OF ENGLEW{X)[), a Colorado m1.n1icipal corporation, of Arapahoe COunty, Colorado, herein referred to as Grantor. WITNESSETH WHEREAS, Grantor is the owner of the hereinafter described lands; and WHEREAS, the District is desirous of constructing and maintaining a recreational trail across the lands of Grantor; l«lW, 'IHEREFORE, in consideration of the sum of One Dollar ($1) and other good and valuable considerations paid by District, receipt and sufficiency of which are hereby acknowledged by Grantor, and the covenants and conditions hereinafter set forth, Grantor hereby grants, bargains, sells, and conveys to the District, its successors and assigns, a perpetual easement for the construction, maintenance, removal and replacement of a recreational trail in accordance with the plans hereto attached under the following described property situate in the Co1.n1ty of Arapahoe, State of Colorado, to wit: TO HAVE AND TO HOLD the right herein granted unto District, its successors and ass i gns, forever for the purposes herein de- scribed provided, however, that at such t i me as said easement be no longer used for the se purposes thi s easement, without legal process, shal l for thwith revert t o the Gr a nt or hereo f or its ass i gns. DISTRICT COVENANTS AND AGREES: 1. To maintain the easement in a clean and sanitary condition and the improvements thereon in good repair. 2. To carmence construction within fifteen (15) days of the date hereof and complete the contemplated improvements in a reason- able period of time. 3 . To hold Grantor harmless fran any liability arising fran the use of said easement by any persons whatsoever and to maintain liability and property damage insurance adequate to so protect Grantor . EXHIBIT "A" • I • • • • • • 4. To confine access onto the property to the shortest feasible route from the nearest street. s. To allow only those vehicles on the easement property necessary for the work to be performed. No private vehicle parking will be allowed. Upon completion of project, all ~eel damage will be repaired as Described in No. 7. 6. To return all natural materials to their original condition after completion of the project. All destroyed shrubs will be replaced by nursery stock. All existing shrubs in the path of the work. will be stored near the site. 'lhe storage will be done in a manner · to maximize the chance for survival. 7. To coordinate with respective companies all work concerning utilities (gas, telephone, wate~, sewer and service mains), and any damage incurred in construction will be reimbursed to the involved company by the builder. B. To scrape 2" deep of top soil and stockpile beside each trench for replacement as top soil before soil preparation. 9. To backfill trenches and compact to a minimum of 90% of Standard Proctor. Physical tamping will be done between maximum 6" l a y 8 r s of ba ckfilling. 10 . To replace stored top soil on the backfilled trench using techniques and procedures approved by the City including scarifying as r e quested . 11. To remove excess material from the site. 12. The within Trailway Easement shall extend to and be for the use and benefit of the District, its contractors and workmen for the term above described. Grantor reserves the right to close the trail to the public in the event it determines an unsafe condition exists or the trail is not being properly maintained for the public safety. Attest: Gary R. H1gbee, ex ofiicio City Clerk-Treasurer GRANToR: By "Eii9ene L. otis, "kayor I • • • • • • . , 4. To confine access onto the property to the shortest feasible route from the nearest street. 5. To allow only those vehicles on the easement property necessary for the work to be performed. No private vehicle parking will be allowed. Upon oompletion of project, all Wieel d..-nage will be repaired as Described in No. 7. 6. To return all natural materials to their original condition after completion of the project. All destroyed shrubs will be replaced by nursery stock. All existing shrubs in the path of the work will be stored near the site. 'lhe storage will be done in a manner to maxUnize the chance for survival. 7. To coordinate with respective companies all work concerning utilities (gas, telephone, water, sewer and service mains) , and any d..-nage incurred in construction will be reini>ursed to the involved canpany by the builder. 8. To scrape 2" deep of top soil and stockpile beside each trench for replacement as top soil before soil preparation. 9. To backfill trenches and compact to a minimum of 90\ of Standard Proctor. Physical tamping will be done between maximl.lll 6" layers of backfilling. 10. To replace stored top soil on the backfilled trench using techniques and procedures approved by the City including scarifying as requested • 11. To remove excess material from the site. 12. To extend the within Trailway EasEment to and for the use and benefit of the District, its contractors and workmen for the term above described. Grantor reserves the right to close the trail to the public in the event it determines an unsafe condition exists or the trail is not being properly maintained for the public safety. Attest: Gary R. H1gbee, ex offlClO City Clerk-Treasurer 2 GRAtll'OR: CITYCF~ ~------~~-----&Jgene L. Otis, Mayor I • - • • • Attest: STATE <F OOLORAOO ss. ClXJNTY <F ARAPAHOE • • • DISTRICT: SOUTH SUBURBAN ME."l'ROPOLITAN RFX:REATION AND PARK DISTRICT ~------------------ Title The foregoing instriDE!rlt was acknowledged before me this day of , 1984 by------------------ ~south Suburban Hetropol1tan Recreat1on and Park District. Witness my hand and official seal. My Cmmission expires STATE <F OOLORAOO ss. ClXJNTY <F ARAPAHOE Notary Publ1c Address: The foregoing instriDE!I'lt was acknowledged before me this day of , 1984 by &lgene L. Otis as Mayor and Gary a.-- Higbee as ex off1cio City Clerk-Treasurer of the City of Englewood. Witness my hand and official seal • My Cmmission expires 3 Notary Publ1c Address: I • • - • • • • • LICENSE AGREDo!mT nus LICENSE AGRED1m'r, made this day of , 19 , between the CITY OF EliGLEWOOD, a municipal cor_po_r_a,-t~1o_n_o-.:f the State of Colorado, herein referred to as "City", and SXJTH PLATTE RIVER GREENWAY FOUNDATION, IOC. herein referred to as "Licensee". WITNESSETH The term "Licensee" shall include enployees, agents and contractors of Licensee. The term "property" as used herein refers to real property and includes easements, rights of way, and other City interests in land and may sanetimes be referred to herein as "City property". The City, by these presents, without warranting title or interest, and subject to the covenants hereinafter set forth, does hereby authorize the Licensee, its successors and assigns, to: Construct the Colorado Demonstration Trail on the City of Englewood golf course fran the confluence of Bear Creek with the South Platte River up Bear Creek to the west property line of the City of Englewood golf course. as described in Exhibit "A-1" attached hereto and made a part hereof. 1. The City has approved a set of final detailed plans of the installation Licensee proposes to construct, utilize, modify, repair, replace, or maintain hereunder. 2. Licensee shall notify the City at least three (3) days prior to catrnencement of the construction of, modifications or repairs to Licensee's installation so that the City may make such inspections as it deems necessary. In the event of emergency repairs required for safety or restoration of service to utility customers, Licensee shall not be required to furnish notice prior to catmencing said repairs, but shall notify the City of the nature and extent of any such emergency work. 3. In granting this License, the City reserves the right to make full use of the property involved as may be necessary or con- venient in the operation of the City and City retains all right to operate, maintain, install, repair, renove or relocate any of its facilities located within the City's property at any time and in such a manner as it deems necessary or convenient. In the event I;XHIBIT "B" • I • • • • • - Licensee's installations shou l d interfere with the City 's use or operat ion of its property , at an y time he r eafter , Licensee s hall , upon r equest by the Ci t y and a t Licensee's sole expense, inmed i- ately r elocate , r earrange or remove i ts i nstal l ation so as no t t o i nt erfere with an y such City use and t o remov e the instal lat i on of Licensee when necessary or convenient for the City , its successors or a ssigns. 4. Licensee shall complete its installation, clear the area of al l construction debr i s and restore the area to its preexisting condition within sixty (60) days from the date of commencement of construction. In the event clearing and restoration of the area is not completed within the time speci f i ed, the City may complete the wo r k at the sole expense of Licensee. 5. All City roads and fencing loh i ch are disturbed by the construction of Licensee's installation shall, within the time prescribed in paragraph 4 hereof, be restored to a condition sat i sfactory to the Ci ty. City roads and fencing disturbed by the reconstruction, maintenance, mod ificati on, operation, repair or replacement of Licensee's facili ties sha ll Unmediately be restored by Licensee to a cond ition sat isfa c t ory to the City. Restoration of roads shall include, but is not limited to, resurfacing lohen deemed necessary by the Ci ty. I f restora tion i s not accompl i shed by Li censee withi n the time spec ified, the Ci t y, at i ts electi on, may perform such restorati on at Licensee's expense. Licensee shall conduct all construction, mod i f i c at ion, operation, repa i r, repl ace- ment and maintenance o f its i nstal l ati ons i n such a man ne r that the City, at al l t i mes, shall have ful l and complete acces s to its property. 6. Li censee shall not trim or cut down any trees , shrubs, or brush on Ci t y 's pr ope r ty without perm ission of the City. When requ i red by City , Licensee , at its e xpe nse, shall trim or cut down trees, shrubs or brush and remov e and dispose of c utting debris to the satisf action of City . 7. All trenches and excavations within City property shall be backfilled in the following manner: the trench or excavation shall be backfilled to the original ground line using only suitable soft ear t h material. The backfill material shall be deposited in layers not to exceed eight (8) inches loose measure for the full width of the trench. Layers shall be brought up un i formly compacted with mechanical tampers capable of exerting a blow at least equivalent to 250 pounds per square foot , to 90\ of Standard Proctor . The moisture content of the material shall be adjusted as required to secure the above density. The amount of water used shall be sufficient to obtain the maximun density specified . When moisture is in excess of that necessary for proper compaction , the Licensee shall be required to grade , mix or otherwise process wet material to proper moisture content or haul in suitable material . Tamping equi~ent shall be subj ect to the approval of the City . 2 • I • • • • • - 8. Licensee will use all reasonable means to prevent any loss or damage to the City or to others resulting from the construction, modification, replacement, repair, operation and maintenance of Licensee's installation. Any repair or replacement of any of the City's installations on its property made necessary, in the opinion of the City, because of the construction, modification, operation, maintenance, repair or replacement of Licensee's installation, shall be made only by the City and at the sole expense of Licensee. 9. Licensee shall indemnify and save harmless the City, its officers, anployees and agents, against any and all claims, dam- ages, actions or causes of action and expense to Which it or they may be subjected by reason of Licensee's installation being located within and across the property of the City or by reason of any work done or omission made by Licensee, its agents or anployees, in connection with the construction, operation, modification, replace- ment, maintenance, repair or removal of Licensee's installation. If the construction of all or any part of Licensee's installation is to be performed by an independent contractor under contract with the Licensee, the Licensee shall so notify the City and shall incorporate the stipulations and conditions of this License into the contract specifications, and if require by the City, cause sa i d independent contractor to obtain, prior to c:oomeocement o f the work, an insurance policy or policies in amounts and with canpanies satisfactory t o the Ci ty Wh i ch will protect the Ci ty from any los s or damage resulting f rom the work performed by the contractor . 10 . All work authorized by th i s Li cense shall be performed by the Licensee at no expense to the City and, except as otherwise set fo r th herein , Licensee shall own and maintain i ts installation thereafter. 11. The rights and privi leges granted in thi s License are s ubject to pr i or agreements , licenses and conveyances, r ecorded or unrecorded , and it shall be the Licensee's responsib ility to determine the existence of any rights, us e s or i nstal lations conflict i ng with the Licensee 's use of the City 's property here- under and to resolve any conflict. U. If the Licensee does not use its installation for a per i od of one (1) year, or if Licensee shall at any time fail or refuse to comply with or carry out the conditions of this License , City may, at its election, revoke this License forthwith by written notice to the Licensee in person or by mail at Licensee's last known address . Upon termination of the License , the Licensee shall have ten (10) days to remove its installation fr om the City's property. In the event Licensee does not remove said installation within the time allowed, City , without incurring liability , may remove said installation at Licensee's expense . 13. Upon abandonment of any right or privilege herein granted , the right of Licensee to that extent shall terminate , but its obligation to indemnify and save harmless the City , its officers, anployees and agents , shall not terminate in any event. 3 • I • - • • • • • 14. The rights granted Licensee hereunder may not be assigned without the written consent of the City. 15. Licensee shall canply with all applicable laws and ordinance and all rules, regulations and requirements of any governmental authority promulgated thereunder controlling environnental standards and conditions of the premises. If, as a result of Licensee's occupancy of the premises and its operations hereunder, any such law, ordinance, rule, regulation is violated, Licensee shall protect, save harmless, defend and indemnify City from and against any penalties, fines, costs and expenses including legal fees and court costs incurred by City, caused by, resulting from, or connected with such violation or violations. 16. 'ltlis License is subject to the foregoing conditions and to the following special conditions: 17. Upon canpletion of the inp:ovements and upon (1 ) approval by the City and (2) upon presentation of an accurate legal description approved by the City survey, the City shall execute the EasEment Agreement authorized by Council Bill No. U, Series of 1984," wi th the appropriate legal description inserted and such other necessary information as is required to convey the easement to South SUburban Metropolitan Recreation and Park Distr i ct. IN WITNESS WHERDJF, this i nstr\Dellt has been executed as of the day and year fi rst above wr itten . APPK>VID: D1rector of Parks and Recreation APPK>VID AS 'ro FOR1: City Attorney 4 CITYCF~ ~----------~~--Mayor ATTEST: ex off1c1o C1ty Clerk- Treasurer • I • • ----''""'~·~ ..... ·-In ( • • • • The undersigned authorized officer of -----;-has--r-ead--,,.-,-,the,-- 'f,_o-r-ego-1,...., ng--=L..,.icense---and---,--ag-r_ee_s-7fo_r_and--=--.-in--=beha~---=-l""'f_o_f,.-sa-id ----- that it will accept and will abide by all the terms and conditions thereof. Llcm5EE: ATl'EST: ~--------------Title Title (SEAL) l\ddress: Phone: 5 • I • • - , • ORDINAOCE 00. SERIES CF 198'"'3 __ _ • • • BY AIJI'HORITY A BILL FOR COOOCIL BILL 00. 13 I~ BY.COOOCIL Mfl1BER~ AN ORDINAOCE AlJI'HORIZING FIRST AHENDf'IENr ro AGREEMmr BE'lWEm 'lliE CITIES CF LITTLETON AND ENGL~, COLORAOO, FOR JOINT WAS'IDJATER TRFA'I'MENI' FACILITIES 'ro JOINTLY OPERATE 'mE JOINT-uSE WAS'IDJATER TREA'I'MENI' FACILITY. WHEREAS, the City of Englewood and the City of Littleton are home rule cities operating under charters pursuant to Article XX of the Constitution of the State of Colorado; and WHEREAS, the power to contract with each other is within the scope of the basic powers of ooth cities and within the specific provisions of C.R.S. 29-l-201 et seq.; and WHEREAS, considerable planning and negotiations, involving the appropriate representatives of each city have resulted in a proposed contract to jointly operate the Joint-use wastewater Treabnent Facility; and WHEREAS, ooth parties have cane to a mutual agreement which is titled "First Amendment to Agreement Between the Cities of Littleton and Englewood, Colorado, for Joint wastewater Treabnent Facilities;" ~. THEREFORE, BE IT OODAINFD BY 'mE CITY COOOCIL CF 'lliE CITY CF ~. COLORAOO, AS F()[.[.(w.): Section 1. That the City of Englewood shall contract with the C1ty of Littleton, Colorado, according to the provisions of the written instrllllel'lt captioned "First .!irnerdnent to Agreement Between the Cities of Littleton and Englewood, Colorado, for Joint wastewater Treatment Facilities," lotlich agreement is attached hereto, consisting of four (4) typewritten pages, and incorporated by reference. Section 2. The Mayor of the City of Englewood is hereby author- '"I'ZErl and directed to execute the instr\JDE!I'lt incorporated by reference in Section 1, and the ex officio City Clerk-Treasurer shall duly attest said execution. Introduced, read in full, and passed on first reading on the 2nd day of April, 1984. • I • -• • • 1984. Published as a Bill for an Ordinance on the 4th day of April, Attest: Eugene L. Otls, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 200 day of April, 1984. Gary R. Hlgbee • I • t • • • - FIRST AMEl!IDHENI' 'ro AGREEMml' BE'IWEEN 'lliE CITIES CF LITI'LETON AND ENGL~(X)[), COLORADO, FOR JOINT WAST~TER TREA'IMENT FACILITIES AGU:EMENT made this day of , 1984 by and between the CITY OF LITI'LETON, COLORADO, here1nafter referred to as "Littleton", and the CITY CF J:N:iL~(X)D, COLORADO, hereinafter referred to as "Englewood." WHEREAS, on the 6th day of December, 1982, Littleton and Englewood (hereinafter collectively referred to as the "Cities") entered into an agreement of ownership and operation of the Bi-city wastewater Treatment Plant; and WHEREAS, the Cities, by previous agreement, are joint owners of the Joint-Use wastewater Treatment Plant, each owning and entitled to fifty percent (50%) of its operating capacity of approximately 20 million gallons per day (HGD ) with Li ttleton entitled to approximately 10 MGD and Englewood being entitled to approximately 10 MGD; and WHEREAS, Englewood is the sole owner of the Eng l ewood waste- water Treatment Plant, including all related facilities and associated property; and WHEREAS, it i s anticipated by the Cities that, in the future, the property owned by Englewood and used for PJrposes of the Englewood wastewater Treatment Plant wi ll be necessary to accanno- date planned expansions of the Joi nt-Use wastewater Treatment Plant; and WHEREAS, the Cities des i r e to forma lly provide f or ut ili za- tion of the P£Oper ty associated with the Englewood waste wa ter Treatment Plant for futur e use as an expansion site for the Joint Use wastewater Treatment Plant ; and WHEREAS , Englewood, upon the comple t ion of certain modifica- tions to the Englewood wastewater Treatment Plant will realize a significant increase in treatment capacity beyond that which it presently needs; and WHEREAS , Littleton has determined that it needs additional treatment capacity in the Joint-Use wastewater Treatment Plant in order to serve its needs and those of parties Which it has con- tracted with for wastewater treatment ; and WHEREAS , Englewood desires to lease additional capacity to Littleton; • I • • , • • • • ~. 'mEREFORE, IN CONSIDERAT I ON o f the mutual pranises and covenants hereinafter reci ted, the parties agree: l. Englewood shall and hereby does lease to Littleton treat- ment capacity in the facilities cmrnonl y known as the Joint-Use Wastewater Treatment Plant equivalent to one-eighth (l/8) of the treatment capacity of the Englewood wastewat er Treatment Plant, based upon the present capaci ty of sai d plant and including any increases in capaci ty of said plant which may occur fran the 1983/84 expansion (expansion fran 5 MCD to between 8 and 10 MCD total), and further agrees that the property associated with the Englewood wastewater Treatment Plant and described on Exhibit A attached hereto and incorporated herein by thi s reference, shall be available to Littleton in conjunction with Englewood, for use as an expansion site for the Joint Use wastewater Treatment Plant, and that the right for said use, including the right to establish improvanents of a permanent nature on sai d propert y, shall not require any further payment by Little ton to Englewood. 2. In any future expansion of the Englewood wast ewater Trea tment Plant, Li t t let on shal l have the r i ght to pay for and receive one-eighth (l/8 ) of sa i d expansi on or such ot her increa sed amoun t i n excess of the one-e ight h (l/8) as the parti es may agree. 3. The lease of capaci ty to Li t tleton as described in Para graph l above shall oammence at such time as the current expan- sion of the Englewood Was tewater Treatment Plant i s canpleted and said plant, i ncl ud i ng said expansion, i s on line and operating. The lease shall terminate at such time as the Eng l ewood wastewater Tre atment Pla nt is shut down due to the need t o expand the Joint- Use wastewater Treatment Plant f acilities onto l and presently occ~i ed by the Eng l ewood wastewater Trea tment Plant . 4. I n consideration of the lease o f capaci ty and for the right to use the property described in Exhibit A, all as descr ibed in Pa r agraph l above , Litt leton shall pay Eng l ewood sums described in A and B below according to the terms therei n stated : A. 'Ihe sum of Five Hundred Seventy-eight 'Ihousand Dollars ($578,000), which is one-half (l/2) of the current appraised value of the property described in Exhibit A. Said anount shall be paid within thirty (30) days of the date the construction contract for the expansion of the Englewood Wastewater Treatment Plant is executed by Englewood. B. A sum equal to one-third (1 /3) of the cost of the expansion of the Englewood wastewater Treatment Plant , including all design , inspection and construction costs associated with said expansion. Said &n shall be paid to Englewood in such periodic cm10unts as necessary based on progress billings as Englewood shall incur , with Littleton payment an anount equal to one-third (l/3) of each such progress payment wi thin thirty (30) days of receipt of a request for such payment fran Englewood. 2 I • - • I • • • • 5. In the event the real property described in Exhib i t A is no longer necessary f or sewer treabnent purposes and it has been determined that said property is not necessary for future expansion of the Joint-Use wastewater Treabnent Plant, the City of Englewood shall pay the City of Littleton a sum equal to one-half (1/2) of the value of said property, and Littleton shall no longer have the right to use said property for such expansion as contemplated under Paragraph 1 above • ..,. 6. 'Ibis agreement shall be considered as an addition to the agreement between the Cities dated Decanber 6, 1982, regarding ownership and operation of the Joint-use wastewater Treabnent Plant , except as provided herein, said Decanber 6, 1982 agreement 11 remain in full force and effect. ex officio C1ty Clerk-Treasurer Approved as to Fonn: City Attorney CITY <F Ll'l"l'LETON, COLORADO ATTEST : ~--------------------- Approved as to Fonn: C1ty Attorney 3 • I • • - • • • • • • EXHIBIT "A" That part of the East 1/2 of the NE 1/4 of section 33, Township 4 SOuth, Range 68 West of the 6th P.M., County of Arapahoe, State of Colorado, more particularly described as follows: BEGINNIN:i at the NW corner of the 9l'l l /4 NE l/4 NE l /4 of section 33; thence SOuth 0 degrees 07 I East I 987.20 feet along the West line of the E l/2 NE 1/4; thence SOuth 89 degrees 53 1 37" East, 622.84 feet along the SOuth line of the N l/2 N 1/2 SE 1/4 NE l /4; thence North 0 degrees 07 1 West, 342.88 feet along a line parallel to cn:i 25 feet East of the West boundary of a tract of laoo described in Book U7l at page 138 of Arapahoe County Records to a point 15 feet North of the SOuth line of the S l/2 of the 9l'l 1 /4 NE l/4 NE 1/4; thence SOuth 89 degrees 53 1 37" East, 37.16 feet parallel to said SOuth line to a point on the East line of said S 1/2; thence North 0 degrees 07 1 West, 314.02 feet along the East line to the NE corner of said S 1/2; thence North 89 degrees 52 1 02" west, 352.00 feet along North line of said s 1/2; thence North 0 degrees 07 1 West, 330.00 feet along a line parallel to cn:i 308 feet fran the West line of the E l/2 of the NE l/4; thence North 89 degrees 52 1 02" west, 308.00 feet to the Point of Beginning. EXCEPT the following strip of laoo: A strip 20 feet wide (N-S) aro 266 feet long (E..W) in the SOuthwest corner of the s l/2 9l'l l/4 NE l/4 NE 1/4 of said Section 33, as recorded in Book 974 at page 337 of Arapahoe COunty Records • • I • • I ' ( • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE 3/23/84 AGENDA ITE M rJA SUBJECT Wastewater Treatment Plant Expansion INITIATED BY Kells Waggoner, Director of Public Works ACTION PROPOSED Approval of agreement INTRODUCTION Attached hereto is a proposed agreement between Englewood and Littleton to cover a proportional split of a 3 mgd expansion to the Englewood Wastewater Treatment Plant and a right to use Englewood property for future expansion of the joint-use plant. BACKGROUND The Cities of Englewood and Littleton jointly own a wastewater treatment plant at 2900 South Platte River Drive. Each city is entitled to 10 mgd capacity in the plant. Separately, Englewood owns a 5 mgd plant in the same general area . This plant c an be expanded to produce an additional capacity of approximately 3 mgd. Englewood and Littleton both need the additional capacity in a proportion of 2 mgd and 1 mgd, respectively, and Littleton is willing to pay one-third of the expansion costs in order to obtain this capacity. Future expansion of the joint-use plant will encroach upon the property now owned solely by Englewood; therefore, Littleton is willing to purchase a right to use the property for these expansions at a cost of one-half the appraised value of the property, i.e., $578,000. FINANCIAL IMPLICATIONS Englewood will receive $578 ,000 for use of the City-owned property for futu re expan- sion of the joint-use plant. Englewood will be paying for two-thirds of the cost of the 3 mgd expansion to the Englewood plant instead of the full amount. • I • • • c • • • -2- RECOMMENDATION We recommend that the Mayor be authorized to sign the agreement on behalf of the City of Englewood . KW/lo SUGGESTED ACTION: MOVED BY SECOND YES 0 ABSENT • • I • • - ( • • • • BY A1Jl'HORITY ORDINAOCE 00. SERIES CF 198.-:4--- A BILL FOR a:x.JOCIL BILL 00. 14 ~a:x.JOCIL AN <JIDINAICE APPROVING AN EASEMml' ro SOll'ni SUBURBAN METROPOLITAN R!X:REATION AtD PARK DISTRICT, A CUASI~ICIPAL a>RPORATION, FOR 'ftfE R!X:REATIOOAL TRAIL CJJ '!HE SOll'ni PLATTE RIVER BE'lWEEN BP.TES Avn«JE AtoV HAHPDEN AVENUE. ~. 'IHEREFORE, BE IT ORDAINED BY 'ftfE CITY a:x.JOCIL CF '!HE CITY CF ENGLDi<XX:l, COLORADO: Section 1. There is hereby approved an agreement titled "Recreation Trailway Easement" granting to South Suburban Metropolitan Recreation and Park District an easement for the Recreational Trail between Bates Avenue and Hclnpden Avenue, as is more fully set forth in said agreement attached hereto, marked Exhibit "A", and incor- porated by reference. The Mayor and ex officio City Clerk- Treasurer are authorized to approve said easement pursuant to the terms of this ordinance after the completion of the project according to the terms of the License Agreement described in Section 2 hereof. Section 2. Said easement described in Section 1 hereof and found in Exhibit A shall be subject to and conditioned ~ the faithful and satisfactory performance of those obligations of the License Agreement marked Exhibit "B", attached hereto and incorporated by reference. The Mayor of the City of &lglewood and the ex officio City Clerk-Treasurer are hereby authorized to execute said License Agreement forthwith. Introdooed, read in full, and passed on first reading on the 2nd day of April, 1984. Published as a Bill for an Ordinance on the 4th day of April, 1984. Attest: Eugene L. otlS, Hayor ex officio city Clerk-Treasurer • I • • - • ( • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of fn;Jlewood, COlorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 5th day of March, 1984. Gary R. Higbee • I • - ( • ( ,, ! ,, I • • • • IUX:REATION '!'RAILWAY FASEMENI' nus INDENI'URE, m<De this day of , 1984 between OOUTH SUBURBAN METROFOLITAN REX::REATION AN:> PARK DISTRicr, a quasi-municipal corporation, herein referred to as District, and CITY CF ~. a COlorado municipal corporation, of Arapahoe County, COlorado, herein referred to as Grantor. WITNESSETH WHEREAS, Grantor is the owner of the hereinafter described lands; and WHEREAS, the District is desirous of constructing and maintaining a recreational trail across the lands of Grantor; ~. 'niEREFQRE, in consideration of the sum of one Dollar ($1) and other good and valuable considerations paid by District, receipt and sufficiency of 'lotlich are hereby acknowledged by Grantor, and the covenants and conditions hereinafter set forth, Grantor hereby grants, bargains, sells, and conveys to the District, its successors and assigns, a perpetual easement for the construction, maintenance, removal and replacement of a recreational trail in accordance with the plans hereto attached under the following described property situate in the COunty of Arapahoe, State of COlorado, to wit: TO HAVE AND TO HOLD the right herein granted unto District, its successors and assigns, forever for the purposes herein de- scribed provided, however, that at such time as said easement be no longer used for these purposes this easement, without legal process, shall forthwith revert to the Grantor hereof or its assigns. DISTRicr (l)VE}IANI'S AND AGREES: 1. To maintain the easement in a clean and sanitary condition and the improvements thereon in good repair. 2. To Cl)ll'lti€OCe construction within fifteen (15) days of the date hereof and canplete the contemplated improvements in a reason- able period of time • 3. To hold Grantor harmless fran any liability ar1s1ng fran the use of said easement by any persons 'lotlatsoever and to maintain liability and property damage insurance adequate to so protect Grantor. • I • • - I I i I I • • • 4. To confine access onto the property to the shortest feasible route from the nearest street. 5. To allow only those vehicles on the easement property necessary for the work to be performed. No private vehicle parking will be allowed. Upon completion of project, all loheel damage will be repaired as Described in No. 7. 6. To return all natural materials to their original condition after completion of the project. All destroyed shrubs will be replaced by nursery stock. All existing shrubs in the path of the work will be stored near the site. The storage will be done in a manner to max~ize the chance for survival. 7. To coordinate with respective companies all work concerning utilities {gas, telephone, water, sewer and service mains), and any damage incurred in construction will be reimbursed to the involved company by the builder • 8. To scrape 2" deep of top soil and stockpile beside each trench for replaCE!JIIE!lt as top soil before soil preparation. 9. To backfill trenches and compact to a mininun of 90% of Standard Proctor. Physical tamping will be done between maxinun 6" C: layers of backfilling. 10. To replace stored top soil on the backfilled trench using techniques and procedures approved by the City incll~ing scarifying ( • as requested. ll. To remove excess material from the site. U. To extend the within Trailway Easement to and for the use and benefit of the District, its contractors and workmen for the term above described. 13. The Grantor does not warrant title to that property legally descr i bed herein. Grantor reserves the right to close the trail to the public i n the event it determines an unsafe condition exists or the trail i s not bei ng properly mainta i ned for the public safety. GRANl'QR: CITY C£ tx:iLDKXX> Attest: 9j rugene L. Otls, Mayor Gary R. Higbee, ex offlClO City Clerk-Treasurer 2 • ~~ .! I • • - ( ' I II ;i I I • Attest: srATE CF COLORADO ss. axJNTY CF ARAPAHOE • • • DisrRICT: SOUTH SUBURBAN ~POLITAN REX:RFATIOO AM:> PARK OisrRICT By __________________ _ Title The foregoing instrument was acknowledged before me this day of , 1984 by------------------ of South Suburban Metropolitan Recreation and Park 01str1ct. Witness my hand and official seal. My emmission expires srATE CF COLORADO ss. axJNTY CF ARAPAHOE Notary PUbllc Address: The foregoing instrument was acknowledged hefore me this day of , 1984 by atgene L. otis as Mayor and Gary R. Higbee as ex off1c1o City Clerk-Treasurer of the City of Englewood. Witness my hand and official seal. My Commission expires 3 Notary PUbl1c Address: • ' \ \ l \ l l 1 I I I • ( ( • • • • LICENSE AGREEl'tENr THIS LICENSE AGREEl'tmr, mooe this day of , 19 , between the CITY OF ENGL!'loWOOD, aliiliillcipal corporat10n of thestate of Colorado, herein referred to as "City", and -----, herein referred to as "Licensee". WITNESSETH The term "Licensee" shall include E!llployees, agents and contractors of Licensee. The term "property" as used herein refers to real property and includes easE!Ilents, rights of way, and other City interests in land and may sanetimes be referred to herein as "City property". The City, by these presents, without warranting title or interest, and subject to the covenants hereinafter set forth, does hereby authorize the Licensee, its successors and assigns, to: Construct the Recreational Trail from Bates Avenue to Hampden Avenue on the south Platte River. as described in Exhibit "A-1" attached hereto and made a part hereof. 1. The City has approved a set of final detailed plans of the installation Licensee proposes to construct, utilize, modify, repair, replace, or maintain hereunder. 2. Licensee shall notify the City at least three (3) days prior to carrnencE!Ilent of the construction of, modifications or repairs to Licensee's installation so that the City may make such inspections as it deems necessary. In the event of emergency repairs required for safety or restoration of service to utility customers, Licensee shall not be required to furnish notice prior to carrnencing said repairs, but shall notify the City of the nature and extent of any such emergency work. 3. In granting this License, the City reserves the right to make full use of the property involved as may be necessary or con- venient in the operatic~ of the City and City retains all right to operate, maintain, install, repair, remove or relocate any of its facilities located within the City's property at any time and in such a manner as it deems necessary or convenient. In the event • I • • - ( ( • • • • Licensee's installations should interfere with the Ci ty's use or operation of its property, at any time hereafter, Licensee shall, upon request by the City and at Licensee's sole expense, imnedi- ately relocate, rearrange or remove its installation so as not to i nterfere with any such City use and to remove the i nstallation of Licensee when necessary or convenient for the City, i ts successors or assigns. 4 . Licensee shall complete its installation, clear the area of a l l construction debris and restore the area to its preexisting cond i tion wi thin sixty (60) days fran the date of cannencement of construction. In the event clearing and restoration of the area is not canpleted within the time specified, the City may oomplete the work at the sole expense of Li censee. 5. All City roads and fencing which are disturbed by the construction of Licensee's installation shall, within the time prescribed i n paragraph 4 hereof, be restored to a condition satisfactory to the City. City roads and fencing disturbed by the reconstruction, maintenance, modificati on, operation, repa i r or replacement of Licensee's facilities shall immediately be restored by Licensee to a condition sat isfactory to the City. Restoration of roads shall i nclude, but i s not limited t o, resur facing when deemed necessary by the City. I f restoration i s not accompl i shed by Licensee withi n the time speci fied, the City, at i ts election, may perform such restoration at Li censee's expense. Li censee shall conduct all construction , mod ificati on, opera t i on, repa i r, replace- ment and maintenance of its instal l a t i ons i n s uc h a manne r that the Ci t y , at all times , shall have full and oompl e te acces s to its pr operty. 6 . Licensee shall not trim or cut down any trees , shrubs , or brush on City 's property without permi ssion of the City . When r equired by City , Licensee , at its e xpense, s hall trim or cut down trees, shrubs or brush and remove and dispose of cutting debris to the satisfaction of City. 7 . All trenches and excavations within City property shall be backfilled in the following manner: the trench or excavat i on shall be backfilled to the original ground line us i ng only su i table soft earth material. The backfill material shall be deposited in layers not to exceed eight (8) inches loose measure for the full width of the trench . Layers shall be brought up uniformly oom- pacted with mechanical tampers capable of exerting a blow at least equivalent to 250 pounds per square foot, to 90\ of Standard Proctor . The moisture content of the material shall be adjusted as required to secure the above density. The amount of water used shall be sufficient to obtain the maximllll density specified . When moisture is in excess of that necessary for proper oompaction , the Licensee shall be required to grade, mix or otherwise process wet material to proper moisture content or haul in suitable material . Tamping equipment shall be subject to the approval of the City. 2 I • • ( • • • • 8. Licensee will use all reasonable means to prevent any loss or damage to the City or to others resulting from the construction, modification, replacement, repair, operation and maintenance of Licensee's installation. Any repair or replacement of any of the City's installations on its property made necessary, in the opinion of the City, because of the construction, modifica- tion, operation, maintenance, repair or replacement of Licensee's installation, shall be made only by the City and at the sole expense of Licensee. 9. Licensee shall indemnify and save harmless the City, its officers, employees and agents, against any and all claims, dam- ages, actions or causes of action and expense to lohich it or they may be subjected by reason of Licensee's installation being located within and across the property of the City or by reason of any work done or emission made by Licensee, its agents or employees, in connection with the construction, operation, modification, replace- ment, maintenance, repair or removal of Licensee's installation. If the construction of all or any part of Licensee's installation is to be performed by an independent contractor under contract with the Licensee, the Licensee shall so notify the City and shall incorporate the stipulations and conditions of this License into the contract specifications, and if require by the City, cause said independent contractor to obtain, prior to coomencement of the work, an insurance policy or policies in amounts and with canpanies satisfactory to the City which will protect the City from any loss or damage resulting from the work performed by the contractor. 10. All work authorized by this License shall be performed by the Licensee at no expense to the City and, except as otherwise set forth herein, Licensee shall own and maintain its installation thereafter. 11. The rights and privileges granted in this License are subject to prior agreements, licenses and conveyances, recorded or unrecorded, and it shall be the Licensee's responsibility to determine the existence of any rights, uses or installations conflictir.:~ with the Licensee's use of the City's property her~ under and to resolve any conflict. 12. If the Licensee does not use its installation for a period of one (1) year, or if Licensee shall at any time fail or refuse to comply with or carry out the conditions of this License, City may, at its election, revoke this License forthwith by written notice to the Licensee in person or by mail at Licensee's last known address. Upon termination of the License, the Licensee shall have ten (10) days to remove its installation from the City's property. In the event Licensee does not remove said installation within the time allOioled, City, without incurring liability, may remove said installation at Licensee's expense. 3 I • • ( • • • • 13. Upon abandonment of any right or privilege herein granted, the right of Licensee to that extent shall terminate , but its obligation to indemnify and save harmless the City, its officers, anployees and agents, shall not terminate in any event. 14. '!he rights granted Licensee hereunder may not be assigned without the written consent of the City. 15. Licensee shall canply with all applicable laws and ordinance and all rules, regulations and requirements of any governmental authority promulgated thereunder controlling environmental standards and conditions of the premises. If, as a result of Licensee's occupancy of the premises and its operations hereunder, any such law, ordinance, rule, regulation is violated, Licensee shall protect, save harmless, defend and indemnify City from and against any penalties, fines, costs and expenses including legal fees and court costs incurred by City, caused by, resulting from, or connected with such violation or violations. 16. 'Ibis License is subject to the foregoing conditions and to the following special conditions: 17. Upon canpletion of the ~ovements and upon (1) approval by the City and (2) upon presentation of an accurate legal description approved by the City survey, the City shall execute the Easement .Agreement authorized by Council Bill No. 12, Series of 1984," with the appropriate legal descr i ption i nserted and such other necessary information as i s required to convey the easement to South SUburban Metropol i tan Recrea tion and Par k Dist rict. IN WITNESS WHEREOF, t h is i nstr~.~~~ent has been e xecute:! as of the day and year fi rst above wr i t t e n . APPROVID: D1rector of Ut1l1t1es APPROVID AS 'ro FORM : C1ty Attorney 4 CITY CF WGL~OOD ~----------~~--Mayor ATTEST: ex off1c1o C1ty Cler k- Treasurer • •• I • • • • • The undersigned authorized officer of-~-~---::-.,.-------= has read the foregoing License and agrees for and m behalf of sa1d -~-,....--that it will accept and"=-w--1"·1;-;1;-::abLTid:;-e::-;:b:-y:-:::a;-ll;---;th:;:-:e~te=cn=-s=--=and-::-. conditions thereof. LICENSEE: ATTEST: Title By ___ _ Title (SEAL) Address: Phone: 5 I • • • • • • 4. To confine access onto the property to the shortest feasible route from the nearest street. 5. To allow only those vehicles on the easement property necessary for the work to be performed. No private vehicle parking will be allowed. Upon completion of project, all ~<.heel damage will be repaired as Described in No. 7. 6. To return all natural materials to their original condition after completion of the project. /\11 dcstwy<XJ shrub:; will be replaced by nursery stock. All existing shrubs in the path of the work will be stored neur the site. The storage will be done in a manner· to maximize the chance for survival. 7. To coordinate with respective companies all work concerning utilities (gas, telephone, watej:, sewer and service mains) , and any damag e incurred in construction will be reimbursed to the involved company by the builder. B. To scrape 2" deep of top soil and stockpile beside each trench for replacement as top soil before soil preparation. 9. To backfill trenches and compact to a minimum of 90% of Stand urd Proctor. Physical tamping will be done betWI:.->en maximum 6" l uy~rs of ba ckfilling. 0 . 'l'o replace stored top soil on the backfilled tre nch using L~·ch ni q uos and procedures approved by the City including scnrifying <.IS CCtjUCo!S te<J • 11. To remove excess material from the site. 12. The within Trailway Easement shall extend to and be for the use and benefit of the District, its contractors and workmen for the term above described. Grantor reserves the right to close the trail to the public in the event it determines an unsafe condition exists or the trail is not being properly maintained for the public safety. Attest: Gary R. Higbee, ex o!fic1o City Clerk-Treasurer GRANTOR: CITY OF WGL&JOOO By &lgene L. Otis, "kayor • I • - Ct .. • • • • ORDINAlCE 00. BY AUTHORITY CXXJOCIL BILL 00. 15 SERIES CF 198.-.:3---I~BY aJUOCIL A BILL FOR MFMBER'"i~ AN OODINNCE l!MmDit«i OIAPI'ER 5, TITLE ~. S!X:'TION 5, CF 'lHE Da.DiOOO MtlHCIPAL CXDE '69, AS .1\HfN)ID. WHEREAS, the City Council previously passed Ordinance No. 55, Series of 1983, regulating the collection of wastewater and treatment thereof; and WHEREAS, Council find it necessary to amend a section of that Ordinance; NOW, 'DfEREFORE, BE IT ~INID BY 'DfE CITY CXXJOCIL CF 'DfE CITY CF !NGLDiaD, COLORADO, as follows: Section 1. 'lhat Section 15-5-5 of fl'C '69, as amended, is amended~ read as follows: 15-5-5: ItUJSTRIAL ~f».TER DISCHARGE PERMITS (C) Industrial Pennits a. wastewater CJ.!antity and CJ.Jality. Quality characteristics include, but are not limited to, those mentioned in Section ~ § SiAl ana f~} 15-5-7(A) of this Chapter as detennined by a reliable analytical laboratory; saq>ling and analysis shall be performed in accordance with procedures established by the EPA p!rsuant to Section 304 (h) of the Act and contained in 40 CPR, Part 136, as amended; All other portions of said Section remain the same. Introduced, read in full, and passed on first reading on the 2nd day of April, 1984. 1984. PUblished as a Bill for an Ordinance on the 4th day of April, Attest: Qlgene L. Otis, Mayor ex officio City Clerk-Treasurer I • • - (j • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of l!nglewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 2nd day of April , 1984. Gary R. Higbee I . - ( f • • • ORDINAOCE 1«>. BY AVI'HORITY <D.IOCIL BIU. 1«>. 15 INTRODUCED BY CXXJOCIL SERIES <F 198'""'3 -- Hft1BER A BIU. FOR ------- AN ORDINAOCE AME2IDit«; <liAPl'ER 5, TITLE >N, SfX:TION 5, <F 'DfE Et«iLDiOOO MWICIPAL CODE '69, AS AHfM)ID. WHEREAS, the City Council previously passed Ordinance No. 55, Series of 1983, regulating the collection of wastewater and treatment thereof; and WHEREAS, Council find it necessary to <IIIE!nd a section of that Ordinance; NON, THEREFORE, BE IT ORDAINED BY 'mE CITY <D.IOCIL <F 'mE CITY <F Et«iL~, COLORADO, as follows: Section 1. '!hat Section 15-5-5 of EM: '69, as cwnended, is <IIIE!nded~ read as follows: 15-5-5: INDUSTRIAL W7\S'l'DiATER DISCHARGE PERMITS (C) Industrial Pennits a. wastewater (Jlantity and (Jlality. Quality characteristics include, but are not limited to, those mentioned in Section ~5-EA+-MII---EG+ 15-5-7 (A) of this Chapter as determined by a reliable analytical laboratory; sampling and analysi s shall be performed in accordance wi th procedures established by the EPA pursuant to Secti on 304 (h) of the Act and conta i ned in 40 CFR, Part 136, as SIE!nded; All other porti ons of sa i d Sectio n remain the same. Introduced , r ead in full, and passed on first reading on the 2nd day of April , 1984. 1984. Published as a Bill for an Ordinance on the 4th day of April, Attest: &Jgene L. ot1s, ~ ex officto city Clerk-Treasurer I • - ( ~ • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 2nd day of April, 1984. Gary R. H1Cjbee I • • • ORDINA NCE NO. SERIES OF ]9 8~ • • • BY AUTHORIT Y A BILL FOR 1 E: COUNCIL BILL NO. 16 INTRODU~y COUNCIL MEMBER-L[~~~~~~---- AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE WITHIN PAVING DISTRICT NO. 29, IN THE CITY OF ENGLEWOOD, COLORADO; APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND; PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS; AND DECLARING AN EMERGENCY. WHEREAS, by Ordinance No. 16, Series of 1983, finally passed and adopted on April 4, 1983, the City Council has created Paving District No. 29, within the City of Englewood, for the purpose of constructing and instal ling street paving, curb, gutter and sidewalk improvements, together with necessary incidentals, on certain streets within the City; and WHEREAS, the improvements authorized by said Ordinance have been completed and accepted by the City and the whole cost of such improvements has been determined: and WHEREAS, an assessment rol l has been prepared and a statement showing the total cost of the improvements has been duly filed with the City Council; and WH EREAS, from the statement made and filed with the City Council, it appears that the whole cost of said improvements is the amount of $448,069.36 of wh ich amount the City of Englewo od will pay $178,399 .89 , leaving $269,669.47 to be assessed against the real property within the District, said amount including costs of inspection, collection and other incidentals and also including interest as allowed by law; and WHEREAS, from said statement it also appears that the City Council has apportioned a share of the whole cost to each lot or tract of land within the District, in accordance with the benefits to be derived by said property and in the proportions and amounts severally set forth in Exhibit A attached to this Ordinance; - 1 • I • • • • • • • BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Confirmation of Assessment Roll. That the whole cost and apportionment of the same within the District is hereby approved and confirmed, and said apportionment is hereby declared to be in accordance with the special benefits which the property in the District will receive by reason of the construction of said improvements, and a share of said cost is hereby assessed to and upon each lot or tract of land within the District in the proportions and amounts as set forth in the assessment roll, attached hereto as Exhibit A. Section 2. Payment of Assessments. That the assessments shall be due and payable at the office of the Director of Finance of the City of Englewood, within thirty days after the final publication of this ordinance, without demand; provided that all such assessments may, at the election of the property owner, be paid in installments, with interest as hereinafter provided. Failure to pay the whole assessment within said period of thirty days shall be conclusively considered and held an election on the part of all persons interested, whether under disability or otherwise, to pay i n said installments. Such election shall be conclusively held and considered as a waiver of any right to question the power or jurisdiction of the City to construct the improvements , the quality of the work, the regularity or sufficiency of the proceedings, or the validity or the correctness of the assessments, or the validity of the lien thereof. In the event of such election to pay in installments, the assessments shall be payable at the office of the County Treasurer of Arapahoe County, Colorado in ten (10) equal annual installments of principal, the first of which installments of principal shall be due and payable on or before the 1st day of January, 1985, and the remainder of said installments shall be due and payable successively on or before the lst day of January, in each year thereafter until paid in full, with interest on the unpaid principal amount at the rate of 9.50% per annum, c~nmencing 2 - • I • • - • • • • • on t he date of publication of this ordinance by title following final passage and payable each year at the time of paying installments of assessments. Section 3. Penalty for Default or Non-Payment. Failure to pay any installment, whether of principal or interest, when due shall cause the whole of the unpaid principal to become due and payable immediately, and the ·~ole amount of the unpaid principal and accrued interest shall ther e after draw interest a t the rate of one p e r centum (1%) per month, or fraction of a month, until the date of tax sale, as provided by law. At any time prior to the date of the tax sale , the owner may pay the amount of all unpaid installments with interest at one per centum ( 1%) per month, or fraction of a month, and all penalties accrued and shall thereupon be restored to the right thereafter to pay in installments in the same manner as if default had not been suffered. The owner of any property not in default as to any installment or payment may, at any time, pay the whole of the unpaid principal with accrued interest to the date of the next assessment installment payment date. Se c tion 4. Discount on Payment of Assessments . Payments may be made to the Director of Finance a t any time within thirty days after the final publication o f this ordinance , and an allowance o f f ive per cent (5%) will be made o n all payments made d uri ng s uch period , b ut not thereafte r . The di scount of 5% shall app ly t o all s uch payme nts , wheth e r t h e p a y ment is t h e entire a mo un t of assessment due, or a part of the as s essmen t . Imm e diately after the expiration of such thirty day p eriod , the assessments shall be certified to the County Treasurer of Arapahoe County, Colorado , for collection, as provided by law. Sect ion 5. Assessment Lien . All assessme nts levied togethe r with all against the real property within the District, interest thereon and penalties for default in payme n t thereof , a nd all costs in collecting the same, shall constitute, f r om the date of the final publication of this ordinance , a perpetual lien in the several amounts assessed against each lot or tract of land. Such lien shall have pricrity over all other liens except general 3 - • I • • - • • • • t tax liens, and shall be enforced in accordance with the laws of the State o f Colo rad o. If any tract of real property included within the Distri c t is hereafter divided or subdivided into two or more such tr a cts o r parcels , the Director of Finance , with the assistance of t he Dir ector of Public Works, is hereby authorized and directed to d i vid e the assessment against such tract in the same proportion that the tract itself is subdivided into two or more such parcels , and to certify the revised assessments to the County Treasurer of Arapahoe Coun t y, Colo rado. Section 6 . Payment of Spe cial Assessment Bond s. Th e amo u n t of assessments herein levied against the property s pecially benefited, i n the total amount of $269,669.47, together with the proc eeds of the bond issue and not needed for the construction of the improvements, i f any, will be in an amount sufficient for the payment of t h e outstanding bond s previously issued for Paving District No. 29, dated August 1, 1983, i n the principal amount of $349,100 . sections Se c t ion 7. o r p a rts Severability. Th at if any one or more of this ordina nc e shall be adjudged unenforceab l e or i nvalid, such judgment shall not affect, impair or inval idate t he remaining pro visions o f this Ordinance, it being t h e i nte ntio n that the var ious pr o visions h ereof are severable. Sect ion 8. Emergenc y Provis io n. By reason of the fact that b o n ds of Paving Di str ic t No. 29 are now o utstandi ng a nd that interest thereon will shortly b ecome due and pay abl e, fun d s mus t be made available from assessments at the earliest possible date for payment of such interest , and for the immediate preservation of the public property, health , peace and safety, it is hereby declared that an emergency exists and that this ordinance shall take effect upon its final passage . Section 9 . Repealer . Al l ordina nce s, or parts ther e o f, in conflict herewith are hereby repe a led. Section 10. Hearing. In accordance with the City Charter and the Municipal Code of the City, the City Council shall hold a public hearing on this ordinance, before final pass ge at 4 - • I • • t I • • • • 7:30 P.M. or at such later time on May 21 or June 4, 1984, as Council is able to hear it in its normal course. Section 11. Publication and Effective Date. This ordinance, after its final passage, shall be numbered and recorded, and the adoption and publication shall be authenticated by the signature of the Mayor and the Director of Finance, ex- officio City Clerk-Treasurer, and by the Certificate of Publication. This ordinance shall take effect immediately upon final passage and shall be published within seven days thereof. Introduced, read in full, and passed on first reading on the 2nd day of April, 1984. Published as a Bill for an Ordinance on the 4th day of April, 1984. Attest: Eugene L. Ot~s, Mayor ex offic~o C~ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and forego i n g i s a true, accurate, and complete copy of a Bill for an Ord i nance, introduced, read in full, and pa&sed on first read-ing the 2nd d a y o f Ap ri l, 1984. Gary R. H~g bee 5 I • • • - • • D£SCRIPTION Of PIIOf'EITY NAME AND ADDIIEM lot llock SUIIDtVISION GIIP~/1 ~-r--c ,.;J.f ('I 1971 34 2 03 001 Wullschlege r, John E. ' l. 2 11 Idlewild MarJOrie Lou, Jt Ten 1 2700 s . Ch erokee St. $1' 181.26 Englewood, CO 80 11 0 1971 34 03 002 Cotter, Theda C. 3, N 11 Idlewild 2 2706 s. Che r okee St. ~ 4 $ 718.45 Englewood, co 80110 1971 34 2 03 003 Rittler. Gary W. ' Cynthi a, s~ 4, 3 Jt Ten all 5. $1,461.78 271 4 s. Cherokee St. N~ 6 11 Idlewild Enqlewood, co 80110 191! J4 " 03 004 Bodine, Gerald N. s 3/4 .c 2724 s. Cherokee St. 6, all $1,095.32 Englewood, CO 80110 7 11 Idl-ild 1971 34 2 03 005 Jones, Ruth B. 8-1 0 11 Idl-ild 5 274 0 S. Chero kee St . $1 ,974.35 Englewood, CO 80110 1971 34 2 03 006 Hartman , Ml.chael R. ' f'lora 11-12 11 Idlewild 6 Joann, J t Ten 2750 5. Cherokee St. $ 874.49 Englevood, co 80110 1971 34 2 03 007 Ch ase, Robert c. ' Martha M. .1.3. 14. 7 Jt Ten N~ 1!; 11 Idlewild 2756 S. Cherokee St. $1,637.36 Englevood, CO 80110 1971 3 4 2 03 008 Lay , Jerry Lee 16, 5 • 2760 5. Che r okee St.. ~ 15 11 Idlewild $ 655 .87 Englewood, co 801 10 1971 3 4 2 03 009 Wilgus, L. Janlne 1 7-18 11 Idlewild 9 2764 s. Cherokee St. $1 ,636 .62 Englevood. CO 80110 1971 3 4 2 03 010 Va ccar o, Vl.ncent ' MAry S., 19-20 11 Idlewild 10 Jt Ten. ~ Int. ' Paul V., ~ (2780 S. Cherokee St.) $2,262.94 865 S. Quebec St. Denver co 80231 1911 J 4 l OJ au Ha1nes, Charles lloward ' 21-22 11 Idlewild 11 Carol Sue, Jt Ten (2788 s. Cherokee St.) 44 10 s. Elatl St, $1,491.08 Englewood, co 80110 1971 34 2 03 012 23-24 11 ldlewild Rochler, Elsie IC. (2798 s. Cherokee St.) 12 3015 s . Logan St. $1,349.43 Englewood, co 80110 1971 3 4 2 0 4 012 Weaver, Steven M . 25-26 12 Idlewild 13 2795 s. Che rokee St. $ 874.49 I . Englewood, CO 80110 1971 3 4 2 04 Oll Ander•on, Rodney E • • Hirlam27-28 12 Idlewild I.C E.' .1 ~ Ten $1,187.70 2785 s. Cherokee St. £ngle • co 80110 f.l • • • - • • - OESCllf'TION OF PltOPfRTY NAME AND AOOIII!SS Lol Block SUIOIVISION ( ' 1971 3 4 2 04 014 c raig, Peggy M. 29-30 12 Idlewild 2779 s. Ch erokee St. $1 ,4 05.02 1 Engl'!!wood, CO 80110 1971 3 4 2 0 4 015 Williams, Ronald V . & 31-32 12 Idlewild 2 Patricia A., Jt Ten $1,316.23 2771 s. Ch erokee St. Englewood, co 80110 1971 34 2 0 4 016 Hillard, Velma. M. 33-34 12 Idlewild 3 2969 s. Acoma St. (2759 S. Cherokee St.) $ 874.49 Englewood, CO 80110 1971 34 2 0 4 017 S teck., Kathleen 35-36 12 Idlewild 4 2751 s. Chero kee St. $ 984.92 Englewood, CO 80110 1971 34 2 0 4 0 18 Schroer, Ronald L. ' Pa.mela 37-38 12 Idlewild 5 R., Jt Ten 2745 s. Cherokee St. $ 984.92 Englewood, CO 80110 1971 34 2 0 4 019 Sterrett, Bernard E. 39-40 12 Idlewild 6 2735 S. Cherokee St. $ 973.41 Englewood, CO 80110 1971 34 2 04 020 Penny, John M. 41-42 12 Idlewild 7 2725 S. Cherokee St. $1,228.18 Englewood, co 80110 1971 34 2 0 4 021 Ch annel, Gary L • 4 3-44 12 Idlewild • 2717 s. Cherokee St. $1 ,308.06 Englewood, CO 80110 1971 3 4 2 0 4 022 Talmage, Franklyn F. ' 4 5-46 12 Idlewild 9 Eileen E., Jt Ten 2711 S. Cherokee St. $1,232.94 Englewood , CO 80110 1971 34 2 0 4 023 OUtcalt, Tom R. & Violet E., 47-4 8 12 Idlewild 10 Jt Ten (2701 s. Cherokee St. ) 428 5 s. Cherokee St . $1,120.03 Englewood, co 80110 • 1971 34 2 07 014 Rea, Eli Marcial ' Colleen 25, s 11 "·· Jt Ten 21' of 2891 S. Cherokee St. 26 l3 Idlewild $1,048.53 Englewood co 80110 1971 34 2 07 015 Green, Athol A. ' Mercedes II 4' 12 T. ' Robert L. ' Mar1e y.' ot 26, Jt Ten all 27, $ 625.44 2887 S. Cherokee St. s 7' Englewex>d, co 80110 ot 26 l3 Idlewild I • • {I 13 1971 34 2 07 016 ann, w aley w. H 18' 14 2871 S . Cherokee St. ot 28, $1,001.25 Englewood, CO 80110 all 29 13 Idlewild H -~ • • • - • • ' DESCIIIPTIOH Of PIOI'I!RTY NAME AND AOOitESS lot -$UIOIVISION 1971 34 2 07 017 McCann, We sley w. 30 l3 Idlewild 2871 s . Ch erokee St. $ 941.20 1 Englewood, co 80110 1 971 34 2 07 018 Kelley, llarold D. ~ D. Helen, 31, 2 .Jt Ten 32 l3 Idlewild $1,685.26 2869 S. Cherokee St. Englewood, CO 80110 1971 34 2 07 019 Brisson, Nonnan J. ' 33-34 l3 Idlewild 3 Des Lauriers, Kathryn E. $1,008.06 2861 S. Cherokee St. Englewood, CO 80110 J.91J.,. 'v 0~0 Chick , Paula K. 35-37 l3 Illlevil/1 4 2851 s . Cherokee St. $1,581.09 Englewood, CO 80110 1971 34 2 07 021 Lipman, Randy P. ~ Lynn M. • 38-39 13 Idlewild 5 -Jt Ten $ 902.18 2831 s . Cherokee St . Englewood, co 80110 -1971 34 2 07 022 Taylor, Edna. R. 40, so, 6 -2829 s. Cherokee St. of 4l l3 Idlewild $ 761.93 Englewood, CO 80110 1971 34 2 07 023 Murphy, Carol, Und 70\ Int. N 0, 41. 7 ' Griffith, Charles, Und &1142 13 Idlewild $1,093.24. .. 30\ Int . (2827 s. Cherokee St.) 2962 s. Parker Ct. -Aurora, CO 8oou • - 1971 34 2 07 024 -Sho.ak.er, Leo lie w. ~ Gladyo43-44 13 Idlewild $1,345.34 9 " N . 2819 S. Cherokee St. Englewood, CO 80110 1971 34 2 07 025 45-46 13 Idlewild " Pat.IIIIOre, Darlene M. )0 2811 s. Cherokee St. $1,800.27 -Englewood, CO 80110 • 1971 34 2 07 026 J::ost.erman, Faria L. 4 7-48 13 Idlewild $1,511.63 11 2801 S . Cherokee St. Englewood, CO 80110 1971 34 2 08 001 Johnson, Stanley Dean ' 1-2 14 Idlewild $ 868.66 12 Elizabeth J .. Jt Ten • 2800 s. Cherokee St. En9lawood, CO 80110 1971 34 2 08 002 Atk inson, R. L. J-4 14 Illlewil/1 I • • 13 2806 s. Cherokee St. $1,090.68 Englewood, CO 80110 1971 34 2 08 003 &aeon, Frank ' Haak1n1, Robert 5, $1,056.10 14 ' Dorothy, ' Schott, Pat, N .. 6 14 Idlew1lll Jt Ten 2810 s. Cherokee St. A --3 Englewood, CO 80110 • • • • • DESCIIII'TION 0# PIIOI'EIITY NM\E AND ADOifSS lot -SUIDIVISION ----- 1971 34 2 08 004 Lesage, Eleanor L. s .. of 5610 w. Rowland Ave . 6, all $651.50 l Littleton, co 80123 7 l4 Idlewild . (2814 s. Cherokee St.) 1971 34 2 0 8 005 Ilg, Larry K. & N. Nadine, 8, 2 Jt Ten N.,of 9 14 Idlewild $787.01 1337 California St. ( 2818 S. Cherokee St.) Denver, CO 80402 1971 34 2 08 006 Heyer, Ronald Jt. s., of 9, 3 2822 s. Cherokee St. all of $1,027.71 Englewood, CO 80110 10 14 _Idlewild 1971 34 2 08 007 Laasa, Edith Jt. 11-ll 14 Idlewild 4 2844 S. Cherokee St. $868.66 Englewood, CO 80110 1971 34 2 08 008 Arens, Steven A. ' Marilyn 13 14 Idlewild 5 J, Jt Ten ( 2850 S. Cherokee St.) $491.85 5606 S. Crocker St. Littleton, co 80120 1971 34 2 08 009 Shortridge, Jennifer "· 14-15 14 Idl-ild 6 2852 s. Cherokee St. $1,204.58 Englewood, CO 80110 1971 34 2 08 010 Andler, Donald P. & Jtathleenl6-17 14 .Idlewild 7 K., Jt Ten $1,307.28 2862 s. Cherokee St. EnQlevood co 80110 1971 34 2 08 011 oay, Steven Edward 18-19 14 Idlewild • 4110 s. Bannock St . (2872 s. Cherokee St.) $966.07 Englewood, co 80110 1971 34 2 08 012 Ferrell, Ivan K. ' Gloria "·10-21 14 Idlewild 9 Jt Ten, ., Int. & et al (2882 s . Cherokee St.) $1,030.63 2270 s . E-rson St. Denver, co 80210 1971 34 2 08 013 Iwerks, Allen I. & Patricia 22-24, 10 "·· Jt Ten E •• E $1,004.50 2898 S. Cherokee St. 40' 14 Idlewild Englewood, co 80110 1971 34 2 08 014 May, John w. " Joan E., Jt E 40' 11 Ten 22-24 14 Idl-ild $357.40 255 w. Bate• Ave. Englewood, co 80110 1971 34 2 14 012 H rberg, Robert w. & Loia 11 .25-26 , 12 2987 s . Chero kee St. s 10' $1,045.89 Englewood, co 80110 of 27 20 Speare Bdvy . Addn. 1971 34 2 14 013 Ha.Jn~ell, Georgia F. N 15' 13 26 Fairway Lane o t 27 , $697.26 I • • Littleton , CO 80123 all 28 20 Speer• Bdwy. Addn. (2985 s . Cherokee St.) 1971 34 2 14 014 Blair, Erwin Jaaa• ' !dna 29-30 20 Spa a ro Bdwy • Addn • 14 u •. Jt Ten (2981 S. Cherokee St.) $871.57 293 s. Bannock St. Englewood, CO 80110 IJ -'1 • • • • DESCIIII'TION OF Pliof.ERTY NAME AND ADOilE$5 lot Block SUIIOIVISION 1971 34 2 14 015 Mortier , Richard Mason & Opa131- R., .Jt Ten 32 20 Speers Bdwy. Addn . I 2973 S . Cherokee St. $871.57 Englewood, CO 80110 1971 34 2 14 0 1 6 Freeland, Forrest N. & 33- 2 Maur1 ce L., Jt Te n 34 20 Speers Bdwy. Addn. 2963 s . Cherokee St. $1,416.62 Englewood, c o 80110 1971 34 2 14 0 17 Wa.lz, Eldon G . & Arlene, 35-36 20 Speers Bdwy. Addn. 3 Jt Ten $1,015.13 2947 s. Cherokee St. Enqlewood co 80110 19 I! J4 i H U!" Marshall, Mae M. & Kerley, 37-38 20 Speers Bdwy . Addn. 4 Mildred M., Jt Ten 2929 s. Cherokee St. $1,396.25 Englewood, CO 80110 1971 34 2 14 019 Clem, Arthur L. 39 -40 20 Speers Bdwy . Addn . 5 2927 s. Cherokee St . $1 ,2 02.87 Eng 1 ewood, co 80110 1971 34 2 14 020 Si ts ler, William H. & 41-42 20 Speers Bdwy . Addn. 6 Dorothy E., Jt Ten 2925 S . Cherokee St. $949.49 Englewood, CO 80110 1971 34 2 14 021 . Blanton, Calebi life estate 43-44 20 Speers Bdwy . Addn. 7 to Fannie 1 . Blanton , 2917 s. Cherokee St. $1,280 .24 Englewood, CO 80110 !~I! J4 < !4 UU . Hixon, Darrell w . & Linda, 4 5-46 20 Speers Bdwy. Addn. • Jt Ten (2909 s . Cherokee St.) 4799 S. Young!ield St . $1,499.94 Morrison, CO 80465 ,,1971 34 2 1 4 023 Mi ller, Karen K . 47-4 8 20 Speers Bdwy . Addn. 9 . 370 W. Bates Ave. (2901 S. Cherokee St .) $1 ,069 .8 5 . Englewood, co 80110 1971 34 2 15 001 . Dodrill, Marvin F. & Hope D., 1-2 19 Speer s Bdwy. Addn. $970.92 10 Jt Ten (2900 S. Cherokee St.) 2875 S. Sherman St. . Englewood, CO 80110 1971 34 2 15 002 Merholtz, James R. 3-4 19 Speer• Bdwy. Addn. $1,092.44 11 . 2908 s. Cherokee St. Englewood, CO 80110 1971 34 2 15 003 Admr . of Veterans' Affairs 5-6 19 Speers Bdwy. Mdn. 12 Denver Federal Center (2916 s. Cherokee St.) $1,087.38 Denver, co 80225 1971 34 2 15 004 Bennion, Elaine B. 7-8 19 Speers Bdwy . Addn. 13 2918 S. Cherokee St. $871.57 I • • Englewood, CO 80110 1971 34 2 15 005 Martin, Jamaa s. ' Rosemarie 9-10 19 Speers Bdwy. Addn. 14 G.,JtTen $1,052.31 2936 s. Cherokee St. Englewood, CO 80110 fJ -~ • • - • • DfSCIII'TIOH Of PIIOPftTY NAME AND ADDIE$$ lot Block SUBDIVISION 1971 34 2 15 006 Domagall, Mi chael E. 11-12 19 Speers Bdwy. Addn. 29 40 S. Chero kee S t. $1,215.78 1 Englewood, CO 80110 1 9 71 34 2 15 00 7 Oamsk i , J ulian & Harrie t t ' 13-14 19 Speers Bdwy. Addn. 2 Fischer, Brian & Marie, $1,358.98 J t Ten 2948 s. Cherokee St. Englewood, CO 80110 3 1971 34 2 15 008 Piotrasch.ke, Ernest E. 15-16 19 Speers Bdwy. Addn . 4 2956 S . Cherokee St. $1,260.33 Englewood , CO 80110 1971 34 2 15 009 Decker, Joan Ruth 17-18 19 Speero 8dwy. Addn . 5 2759 s. Meade St . (2972 s. Cherokee St.) $1,212.80 . Denver, co 80236 1971 34 2 15 010 . Highland, Larry J. ' 19-20 19 Speera Bdwy. Addn . 6 Elizabeth A., Jt Ten . 2976 S. Cherokee St. $ 871.57 Englewood, co 80110 . 1971 34 2 15 011 , Jonea, Char lea L. " 21-22 19 Spee ra Bdwy. Addn . 7 Catherine A., Jt Ten . 2996 S. Cherokee St. $ 871.57 . Englevood, co 8 0110 . ,,,1 J4 2 l> 012 : Oye, David L. & Merrilee E., 23-24 19 Speen Bdwy. Addn . • Jt Ten $1,092.44 . 235 w. Cornell Ave . Englewood, co 80110 . 1971 34 2 20 001 .Ecton, Elaie Mae l-2 22 Speers Bdwy . Addn . 9 . 3000 S. Cherokee St. $1,472 .92 . Eng lewood, co 80110 .1971 34 2 20 002 . Bel in, Johnny J. ' o. J. 3 -4 22 Speera Bdwy. Addn • 10 Amanda, Jt Ten (301 0 s. Chero kee St.) $ 988.03 . P. 0 . Box 10152 Denver, CO 80210 • >9 l 3 4 2 20 003 5-6 22 Speers Bdwy. Addn . McDonald, Harriett 11 3030 S. Che r okee St. $1,079 .41 Englewood, co 80110 1971 J 4 2 20 004 Jaworoak i, Eugne w. ' Sua an 7-8 22 Speers Bdwy. Addn . $ 871.57 12 L., Jt Ten • 303 s. Ch erokee St • Enqlewood , co 80110 '"" >4 < <0 Ou~ Su.nnera, Thomas Lee 9-10 22 Speero Bdwy. Addn . I • • 13 )04 0 s. Cherokee St. $ 871.57 EnglftiOOd, CO 80110 1971 3 4 2 20 006 JCra~~er, !'rank C. ' Sho be, 11-12 22 Speera Bdwy. Addn . 14 Roy L. $1,092.44 3048 s. Cherokee St. £nC)lewood, co 80110 A -<.. • • • • • - N-.Mf ANO ADOIIB5 Lao Block SUBDIVISION 1971 )4 20 007 ' K.r ... r, rra c. • Shobe, l), !I Roy L . l /3 of I 304 8 s. c rokee St. 14 22 Speers Bdwy. Addn . s 699.45 Enqlevood, co 80110 ( 3052 S. Cherokee St .) 1971 )4 2 20 008 Adams, Colleen C. s 2/3 2 3064 S. Cherokee St. 14, N s 581.05 Englewood, co 80110 2/3 15 22 Speers Bdwy . Addn . 1971 34 2 20 009 Johnson, Lloyd A., Donald L., Sl/3 3 ~ Nihl, D., Jt Ten 15, all $1,118.49 3126 s. Lincoln St. 16 22 sp .. ra Bdwy. Addn. Enalewood co 80110 (3066 s. Cherokee St .) 19U J4 l 20 010 Tolan, Anthony w. 17-18 22 Speer a Bdwy . Addn . 4 3068 s. Cherokee St. $1,176.64 Englewood, CO 80110 1971 34 2 20 011 Shea, Robert A. ' Susan c., 19-20 22 Speers Bdwy. Addn. 5 Jt Ten (3080 s. Cherokee St .) $1,511.02 2026 S. Quitman St. Denver, CO 80219 1971 34 2 20 012 Rosenbach, Wayne L. ' 21-22 22 Speers Bdwy . Addn . 6 Barbara J., Jt Ten ( 3090 s. Cherokee St.) $1,195.86 6760 s. Clarkson St. Littleton, co 80122 1971 34 2 20 013 Keeney, Joel E., Sr. ' Opal 23-24 22 Speers Bdwy . Addn. 7 E.,JtTen $1,213.92 3098 S . Cherokee St. Enqlevood, CO 80110 1971 34 2 21 012 Hathaway, OOyne R. , .lr. ' 25-26 21 Speers Bdwy. Addn. • Nerita L., Jt Ten 309S s. Cherokee St. $ 871.57 Englewood, CO 80110 19 1 34 2 21 013 Eddle~Mn, Sarah E . 27-28 21 Speers Bdwy . Addn . 9 308S S. Cherokee St. Englewood, CO 80110 $ 871.57 1971 34 2 2l 014 Rimp1ey, Greqory A. ' Rose E .,29-30 21 Speers Bdwa.y . Addn . 10 Jt Ten 307S s. Cherokee St . $ 871.57 • Enqlewood, CO 80110 1971 34 22ro1~ Nickolaus, Joseph L. o Ruby 31-32 21 Speer a Bdwy. Addn. II E. • Jt Ten 306S S. Cherokee St. s 871.5 7 Ena1ewood co 80110 1971 34 2 2l 016 Wells, Carl 33-34 21 Speers Bdwy. Addn . 12 3059 S . Cherokee St. Englewood, CO 80110 $1,329.17 1971 34 2 21 017 Davis, Ger•ld W. ' Beatrice, 3S-J6 21 Speers Bdwy. Addn. • I • • 13 Jt Ten JOSS S. 0\erok .. St. $871.57 Enq1evood, CO 80110 19 l 34 2 21 018 Tevkobury, Susette M•rie 37-38 2 1 Speera Bdwy. Addn. )4 3039 s. Cherokee St. Enqlevood, co 80110 $071,57 A ~1 • • - • • NAME AND ADDit!SS Lot lloci< SUIOIVISION / ,. 1971 34 2 2l 019 Chu rch, Harvey R. 39, s -3035 s. Che r o kee St. .. 40 21 Speers Bdwy . Addn . .. $ 915.28 1 Englewood, co 80ll0 1971 34 2 2l 020 '. McCann , Paul c. • Florence N ; 40, $ 653.68 2 Meriam, Jt Ten all 41 21 Speers Bdwy. Addn. .. 3033 s. Cherokee St. Englewood, co 80110 L~ r L JO < <L U<L Kelley, Robert F. 42-44 21 . Speero Bdwy. Addn. -3 5860 s. Wood Sorrel Dr . (3029 S . Cherokee St.) Littleton, CO 80123 $1' 307.36 1971 34 2 21 022 Kelley, Robert F . ' Shirley 45-46 21 Speera Bdwy . Addn . 4 L., Jt Ten (3015 S . Cherokee St .) 5860 s. Wood Sorrel Dr. .. $1,168.14 Littleton, CO 80123 1971 34 2 21 023 Thc:epson, Archie o .• Mildred 5 M., Jt Ten 47-48 2l Speers Bdwy . Addn. 3007 s: Cherokee St. $ 871.5 7 Englewood, CO 80ll0 1971 34 3 00 044 . Tr. or una oeoc . •• rouowo :. Tafoya, David Daniel ' Mary, Beg. at a Pt. on S. line of . 6 Jt Ten Loretto Ave., 166. 3' E. of W. 3101 s. Cherokee St . line of HE\, SW\ Sec . 34-4-68,1 $1,748.98 Englewood, CO 80ll0 Th. E. 125. to proposed W. line ( of Cherokee St.; Th. S. Alg. Sd. proposed w. line of Cbero• 7 kee St. 100'' Th . w. 125' to Pt .; Th. N 100' to Pt. of Beg • Cont. • 287 A M/L l'Jll J4 J 00 O>b Beg. at st: cor. Lot 14, Cindenuk Associates Abbotts Sub. 2nd Flg.; Th . S. I • 701 w. H•pden Ave. 130.30': Th. W. 237. 9' to a .. Englewood, CO 80154 Pt.J Th . NW 41.10'; Th. N. .. $2,192.80 100 .04' to SW Cor Lot 13, Abbot ts Sub . 2nd Flg.; Th. E .• to Beg ., Ex. Rd . in B 1807, 9 P. 707 34-4-68. .. 1971 34 3 03 001 .. Nelson, Elmer J. 1-2 3 Hees Addn. $ 932.21 10 3100 s. Cherokee St. . Englewood, CO 80ll0 • 1971 34 l OJ 002 . wolf, Uthryn Pearl ' Julia J-4 3 Heea Addn. . $1,225.53 11 Crace. Jt Ten Jl08 s. Cherokee St. EnQ1e-.cl co 80110 1911 J4 J OJ OOJ Forbea, Gordon 0. ' Alice, Jt 5-6 3 Heea Addn. -· 12 '!'en (3ll8 s. Cherokee St.) 3295 w. Chenanqo Ave . $1,095.36 Enqlewood, CO 80ll0 1971 34 3 03 004 Cecile 7-8 3 Roaa, Lloyd L. ' H., Heas Adc:ln. ·' I • • I 13 Jt Ten 3126 S. Cherokee St. $1,194.79 En9lewood, CO 80110 11'111 J4 J OJ UU> Andenon, Jeffrey c. ' 9·10 3 Heea Addn . . 14 Jacqueline G., Jt Ten . 3134 S. Cherokee St. $ 874.49 Englewood, CO 80110 !J -y • • • - • • NAME AN D ADOitES$ Lot -SUBDIVISION F 1971 34 3 03 00& Brown, v. Max & Barbara R.' ll-1Z 3 Heea Addn. Jt Ten $ 984.92 1 3142 5. Cherokee St. Eng lewood, CO 80110 1971 34 3 03 007 Hopper , Patrick J. 13-14 3 . Hees Addn . 2 3150 s. Cherokee St. $ 874.49 Englewood, co 80110 1971 34 3 03 008 Tuytschaevers, Ter rence L. ,15-16. 3 .Hees Addn. 3 Judy I. , Jt Ten $ 874.49 3160 S. Cherokee St. Eng lewood co 80110 1971 34 3 03 009 Prante, Zane A. ' Janelle H.l7-18 3 Jlees llddn . 4 ' Juanita E., Jt Ten $ 874.49 3168 S. Cherokee St . Englewood , CO 80110 1971 34 3 03 010 Century 21 Moffitt ' Co. ' 19-20 3 Heea Addn . 5 Keith £. ' Bonnie s . ( 3174 s. Cherokee St.) $ 874.49 Moffitt 4 w. Dry Creek Cir. Littleton, co 80120 6 1971 34 3 03 011 Petterson , Brent 21-22 3 Heeo llddn. 7 3182 S. Cherokee St. $ 874.49 Englewood, CO 80110 1971 34 3 03 012 Linenberger, Anthony P . ' 23-24 3 Heea Addn. • Morine A., Jt Ten $ 074.49 3198 s. Cherokee St. Englewood, co 80110 ~ .. 1 ~ 14 J 04 0~0 Harvey, Clarence W. ' Ellen 12 Henry Addn . to Englewood 9 C., Jt Ten $1,196.28 3197 S. Cherokee St. Enqle>«>>d co 80110 ~'.11! J4 J 04 011 DW\bar, Marian L. ' Lobel, 11 Henry llddn. 10 Lawrence H. (3191 S. Cherokee St.) $1,076.95 1336 s. Zephyr Ct. Lakewood, co 80226 1971 34 3 04 012 I Dunbar, Marien L. ' Lobel, 10 Henry Addn . II Lawrence H . $ 874.49 3175 S. Cherokee St. Englewood, CO 80110 1971 34 3 04 013 9 Henry Addn. Bender, Elsie F. 12 3171 S. Cherokee St. $1 ,515.68 Englewood, CO 80110 1971 34 3 04 014 DeVivier, J. r. 8 Henry Addn. $1,222.22 13 3165 s. Cherokee St. I • Englewood, co 80110 1971 34 3 04 015 Archuleta, Julian M. ' UMlia 7 Henry Addn . 14 M. $1,095.36 3155 S. Cherokee St. Englewood, co 80110 II -9 • • • - • • DESCRIPTION Of PIIOI'I!ITY I NAME "ND "DO!tESS Lot Block SUIDIVISION ' 1971 34 3 04 016 Bowyer, John A. & Myrtle M.' 6 Henry Addn . Jt Ten 1 3145 s. Cherokee St. $1,064 .07 Englewood, CO 80110 1971 34 3 0 4 017 Hathaway, Nerita L. 5 Henry Addn . $ 874.49 2 3143 S. Cherokee St. Englewood, CO 80110 1971 34 3 04 018 Sandoval, Manuel J . ' 4 Henry Addn. 3 Margarita C., Jt Ten $ 874.49 3125 S. Cherokee St. Englewood, CO 80110 1971 34 3 04 019 Christopher, Gary Wayne 3 Henry Addn. 4 3109 s. Cherokee St. $ 995.97 Englewood, CO 80110 ~ 1971 34 3 12 013 Swayze, Muriel 14-16 1 Park Addn. 5 28352 Shadow Mountain Dr. (3291 s. Cherokee St.) $1 ,481.76 Conifer, co 80433 1971 34 3 12 014 Brown, Cora E. 17-18 1 Park Addn . 6 3281 s. Cherokee St. Englewood, co 80110 $1,411.67 ( 1971 34 3 1 2 015 Mai. Thiem The & Tran, Lan 19-20 1 Park Addn. 7 Thi, Jt Ten 3 277 s. Cherokee St. $ 877.41 Enqlewood , CO 80110 1971 34 3 12 016 Scherrer, lAO L. & Donna 0., 21-23 1 Park Addn. • Jt Ten $1,481.76 3265 S. Cherokee St. Englewood, CO 80110 1971 34 3 12 017 24-26 1 Park Addn. Keifer, John S. & Angela, Jt 9 Ten $1 ,316.11 3255 s. Cherokee St. Englewood, CO 80110 1971 34 3 12 018 Meinecke, Lois B. 13-15, 10 1900 w. Kentucky Ave. Ex w $1,461.70 Denver , co 80223 8' 1 S. G. Hamlin• Bdvy. Addn . (3233 s. CherokH St. l 1971 34 3 12 019 Trunck, Stephen Patrick 16-18, 11 3227 s. Cherokee St. Ex w Englewood, CO 80110 8' 1 s. G. Hamlin• Bdwy. Addn. $1 ,316.11 (3227 s. Cherokee St .) 1971 34 3 12 020 ~senbaum , Orin E. ' Velii\A 19-20, 12 J .• J t Ten Ex w. 10756 E. Powers Dr . 8' tor (32l3 s. Cherokee St.) $1,219.39 Englewood, CO 80110 alley l s. G. Hamlin• Bdwy. Addn. 1971 3 4 3 12 021 Wr ight , Ronald E. ' n-22, 1 s . G. u .. lina Bdwy . Addn . 13 Ca therine R., Jt Ten Ex. rear I 3211 s. Cherokee St. 8' tor $1,239.09 I . Englewood, co 80110 alley .,,. 34 3 12 022 Brown , Williaa J. ' 23-2 4, 1 S. G . Haalina Bdwy . Mdn . 14 Catherine L., Jt Ten Ex . rea r 1201 S. Cherokee St. 8' tor $ 989.68 EnQlewood, CO 80110 alley fl -tc..' ---· • • • - • • DESCIIIPTION ~ PtiOPERTY NAME AND ADDRESS lot Block SUBDIVISION F 1 971 3 4 3 13 001 J amie s on, Lena w. & J arvis , l -2 2 s . G. Hamlin& Bdwy. Addn. Nedi ne K., Jt Ten 1 320 2 s . Chero kee S t . $ 8 77.41 Englewood, CO 8 0 110 ~~~tg~4 s~o£~ R£~n & Me lia Denise, J t Ten 3-4 2 s. G. Hamlins Bdwy . Addn . 2 3 204 s . Chero kee S t. $ 87 7 .41 Eng lewood, CO 80 110 1971 34 3 13 003 Call'f'bell, Rebec c a J . ' S-6 2 s . G. Hamlin a Bdwy . Addn . .. 3 Ladebue, Robin G., Jt Ten $1,098.20 3220 s. Cherokee St . Englewood, CO 80110 !~/! >4 , 13 004 Nicholas, Jack R. & Mary L. • 7-8 2 s. G. Haalins Bdwy. Addn. .. Jt Ten $1,015.69 3228 s . Cherokee St. -Englewood, CO 80110 1971 34 3 ll oos 9-10 2 s. G. Hamlins Bdwy. Addn . Marthaler, Michael ' Lo Anne, 5 Jt Ten $1,2 38.40 3232 s. Cherok" St. Englewood, co 80110 19 l 34 3 13 006 .. Mattox, Gordon E . 11-12 2 s. G. Hamlins Bdwy. Addn. .. 6 3240 s . Cherokee St . .. $ 877.41 . Englewood, c o 80110 • 1971 34 3 13 007 - . Mattox, Gordo n E. III l, N l\bbotts Sub. 2nd Flg. 7 , P . 0. Box 10 23 • ot $ 9 6 5 .15 . Littleton, co 80 160 2 (3252 S. Cherokee St.) 1971 l4 3 13 008 Hender•on, Chris tine D. s 2 ' Abbott.s sub. 2nd Flg. I : 3256 S . Cherokee St. o f 2 , $ 9 1 2 .50 . Englewood, co 8 0 110 all 3-4 1971 34 3 13 009 I . Gray, Williaa o. & Luella L . ,S-6 Abba tta s ub. 2n d Flg. .. $ 87 7 .41 9 .Jt Ten . 3260 S . Cherokee St . . Englewood, co 80110 1971 34 3 13 010 Mc Farland, Robert D. ' 7-8 l\bbot t& Sub. 2nd Flg . 10 J acquel i ne, J ., Jt Ten (3270 s . Cherokee S t .) $ 877.41 . 7000 s. Pen rose Ct. . Li ttleton co 801 22 • . 1971 3 4 3 13 011 Armstro ng , Earl G. 9-10 l\bbotts Sub. 2nd Flq. 11 3280 s. Cher o k ee St. $ 877.41 Eng l e wood, CO 80110 1971 34 3 13 012 Swayze , Mu r i e l 11-13 Ahbotts Sub. 2nd Flg. $1 ,4 59.53 12 2 8 352 Sh a dow Moun t ain Dr. (3290 5. Cher o k ee St. l confier , co 804 ll 2077 08 4 00 020 Beg. at NW Co r . o t NE~ o f SE ~ Blont>erg , Ingva r M. • Lois of Sec. a, Th . S 291.6 ', Th. £. $5 ,881.22 13 M. 198'1 Th. N 291. 7' 1 Th. w 194' I • • 2706 W. Union Ave. to Bog., Ex. Rt/Wa ya ' Ex Eng l ewood, co 80110 Rds. 8 -5-68. (2700 w. Union AYe 2077 08 4 00 021 &.9. 194 ' B of NW Cor . of NE ~ Pa rr , E ... M. of SE ~ of Sac. a, Th. s 291.7 ', 14 2690 w. Union A~. Th. E 206' J Th. N 291.8'1 Th. $6 ,371.23 Englewood, co 80110 w 2 10' to Beg., Ex . Rda. 8-5-68 /1 -t/ . • • • • • DESC111PTION Of PIOt'ERTY I NAME AND ADDRESS lot Slodt SUBDIVISION ~ 207 7 08 4 00 0 2 2 Beg . at a Pt . 291. 6' s of NW Pa rr , Emma M. Cor of NE~ of SE~ Se c. 8 -5-681 2690 w. Union Ave. Th. E 4 0 4 1 ; Th . s 3 20'; Th . w $ 2 9 7.5 1 1 Englewood , co 80110 4 0 4' J Th . N 320 ' to Beg . 8-5-1\8 . 2077 08 4 DO 033 lleg. 6 16' E of NW Cor. of NE~ Bus s ard, Delb<!rt H. & pf SE ~; Th . S 4 27' M/L 1 Th . w $6 ' 585.62 2 Mar ga re t Ann, J t Ten 217.3'; Th . Nly . 4 2 7. 1'1/1 ; Th . 7 090 S. Wi ndsor St . E 2 1 2 ' to Beg ., Ex . Rds . 8-5-611 . Li ttleton, c o 8 0 1 23 (26 8 0 w. Union Ave .) 20 77 0 8 4 00 034 Beg . 465 . 2 ' W of NE Cor of NE~ Clinger, Ross w. pf SE~; Th . S 627' 1 Th. W 238'.; 3 2560 w. Union Ave . Th. N 627' 1 Th. E to Beg . Ex. Englewood, co 80110 Rda . 8-5-68. ( 260 0 W. Union AWl. l $7,39 3 .29 2077 0 8 4 00 042 Beg . NE Cor of NE~ SE~ o f Sec •• Colorado Disposal, I n c . 8-5-68; Th . S to SE Cor. of 4 P, o. Box 1238 NE~ SE~ Sd Sec 1 Th . w 341.70 '1 Englewood, co 80150 Th. N 132 2 .2 '1 Th. E to Beg ., $11,609 .26 Ex. any Po r. within channe l illlp roveJIIIent area Se c . 8-5-68 '- Ex. N 35'. ( 2400 W. Union Ave. ) 5 2077 09 1 24 001 1 1 Nava j o Street Ind . Park - H ~ B Enterpri••• . $5 ,818 .13 6 4501 S. Navajo St. Englewood, co 80110 20 77 09 1 24 00 2 2 1 Nava j o Street Ind . Park H & 8 Enterprise• $5,64 5 .10 7 4501 s. Nava j o St . Englewood, co 8011 0 2077 09 1 24 0 03 aarc ewaki, Anto n ' Myrtle, 3 1 Nava jo StrHt Ind. Park • .Jt Ten 5124 "· Fair Ave. $7 ,965.86 Li ttletoA, co 8 0 123 20 77 09 1 24 004 4 1 Nava j o Street Ind . Park He&bler Metal P r oduc t •, Inc . .. 9 1 48 Valle j o St. $5,658.65 Denv.r , co 8 0223 2077 09 1 2 4 005 5 1 Nava j o StrHt Ind. Park Heabler Meta l Products, Inc . 10 148 Vallejo St . $5,978.2 1 Denver, co 802 2 3 2077 09 1 2 5 001 1 2 Nava j o S treet I nd . Park Clark, Kenneth J. . $7,35 5.89 11 4 521 s . De c atur St. Englewood, co 80110 2 077 09 1 25 002 2 2 Na vajo S treet Ind . Park Stanford Ave . Partnenhip $1,847.23 12 c/o Donald L . Henaanoen 2990 s. Holly Pl. Denver, CO 8 0222 207 09 1 25 003 J 2 Na v• }0 St u~et I nd. Park Mlle-Hi saw ~ Tool service 13 2980 s . Madioon S t . $6 ,970 .0 7 Denver, co 802 10 I • • 2077 09 1 2 5 004 4 2 Na v a jo Stree t I nd . Park Mile-Hi S a w ~ Tool Service 14 2980 s. M&d h on S t . $6 ,970 .07 Denver , co 8 0 210 --/i -t J--- • • - 2 3 .. 5 6 7 • , 10 • " 12 13 14 • NAME AND AD0U1S 2077 09 1 25 005 Navajo Partnership 3575 E. Long Rd. Littleton, CO 80121 2077 09 2 00 090 Co lorado Disposal, Inc. P . 0. Box 1238 Englewood, CO 80150 2077 09 3 00 066 Colorado Disposal, Inc . P. o . Box 1238 Englewood, CO 80150 • • • DEScltiPTION Of l'll<iP£iTY lot -SUIOIVISION 2 Nava jo Street Ind . Park (1451 N. Tufts Av e.) That part of Sll\ NN~ which lieo s of Co. Rd. No . 1 ' If of channel i"'''ro_,t area Sac. 9-5-68, That part of Nil\ ~ Sac . 9-5-68 lying If of If line of channel I~r.t. area. • $7,951.60 $1,357.24 $7 ,509.43 I . • • • • RESOLUTION NO. /0 __ , SERIES OF 1984 A RESOLUTION AUTHORIZING THE NOTIFICATION OF PROPERTY OWNERS OF ASSESSMENTS WITHIN PAVING DISTRICT NO. 29 AND ESTABLISHING A DATE FOR A PUBLIC HEARING ON THE ASSESSMENTS. "/ WHEREAS, the street paving, curb, gutter and sidewalk improvements within Colorado, have been Paving District satisfactorily accepted by the City of Englewood; and No. 29, cornpl eted in and Englewood, have been WHEREAS, a statement showing the whole cost of the improvements and a proposed apportionment of the same against the property within the District has been filed with the Director of Finance; and WHEREAS, THE City Council has considered the special benefits accruing on each lot or tract of land within the District by reason of the making of the improvements and has determined that the apportionment of the assessments for said improvements, as set forth in the assessment roll, is in accordance with such benefits; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY Qlo' ENGLEWOOD, COLORADO: 1. That the Director of Finance is hereby authorized and directed to notify the owners of the property to be assessed for the improvements by publication of this resolution in three consecutive weekly issues of The Englewood Sentinel, a newspaper published and of general circulation in the City of Englewood, that the improvements have been completed and accepted, that the cost thereof has been apportioned according to benefits and that a hearing on the assessment roll will be held on Monday, May 14, 1984, at the Municipal Building, at 7:30 P.M. or at such later time as Council is able to hear it in its normal course, prior to the final passage of the assessment ordinance. In addition, notice of the time, date and place of the hearing shall be mailed to each property owner to be assessed with the cost of improvements, on or about the date of the lst publication of this resolution • • I • • - • • • • • 2. The whole cost of s aid impr o v ements within Paving District No. 29 is the amount of $448,0 69.36, said amount including costs of inspection, collect i on, incident a ls and interest as allowed by law. The City o f Engl e wood will pay approximately $178,399.89 toward the tot a l cost, leaving the amount of $269,669.47 to be assessed against the property specially benefited and included within the District. The amount to be assessed against each lot or tract of land is set forth in the assessment roll filed with the City Council. 3. That any complaints or objections which may be made in writing by the owners of land within the District, to the City Council and filed in the office of the Director of Finance on or before Monday, May 7, 1984, will be consid ered and heard by the City Council at the special meet i ng of the Ci t y Counc i l, on Monday, May 14, 1984. 4. Any complaint or object i on to t he v a l i dity of the assessments or the proceeding s taken therefor shall be deemed waived unless presentad in writing at the time and i n the manner set forth above. 5. That if any one or more sec tions or par t s of this resolution shall be adjudged unenforceable or inval i d, such jud gment shall not affect, impair or inv a lid ate the remaining provisions of this resolution, it being the i ntention that the various provisions hereof are severable. ADOPTED AND APPROVED this 2nd day of April, 1984. Attest: Eugene L. Otis, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, certify the above and foregoing is a true , accurate and complete copy of Resolution No. ____ , Series of 1984. -2-Gary R. H~gbee • I • • • RESOLUTION 00. II SERIES OF 1984-- • • • A RESOLUTION ENDORSING THE IMPLEMENTATION OF A WASTEWATER PRETREAT- MENT PROGRAM FOR THE PUBLICLY <l'JNED TRFATMENT WORKS, ~OOLY REFERRED TO AS 'll!E BI-CITY TRFATMENT PLANl' AN:> 'lliE ENGLEWOOD SEWER TREATMENT PLANl', u:x:ATID AT 'll!E CITY OF nG.DiOOO, COLORAOO. WHEREAS, the City of Englewood has the duty and desire to protect the public health, safety, and welfare; and WHEREAS, the City of Englewood has the authority to imple- ment uniform requirements for Dischargers into the wastewater collection and treatment systems in accordance with all applicable State and Federal laws relating thereto; and WHEREAS, the City of Englewood determines the need to prevent the introduction of pollutants into the wastewater treatment system which will interfere with the operation of the system or contami- nate the resulting sludge; and WHEREAS, the City of Englewood determines the need to prevent the introduction of pollutants into the wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere, or otherwise be incompatible with the system; and WHEREAS, the City of Englewood desires to improve the opportunity to recycle and reclaim wastewaters and sludges from the system; and WHEREAS, the City of Englewood desires to provide for equitable distribution among users of the cost of the publicly owned pretreatment works wastewater system; OOW, 'll!EREFORE, BE IT RESOLVFD BY 'll!E CITY axJNCIL OF 'll!E CITY OF DIGLEWOJO, COLORAOO, that the City of Englewood endorses the Unplementation of a wastewater pretreatment program in accordance with all applicable State and Federal laws required by The Federal water Pollution Control Act (FWPCA , P.L. 92-500), as amended by The Clean water Act of 1977, P.L. 95-217, and the general Pretreatment Regulations (40CFR, Part 403). AOOPTID AND APPROVED the 2nd day of April, 1984 . Approved: ex offfi::Lo C1ty Clerk-Tueasurer- • I • • - • • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood,. Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No. __ , Series of 1984. Gary R. Hlgbee • I • - • RESOLUTION NO. SERIES OF 1984-- • • • A RESOLUTION FM>ORSING 'ruE IMPLEMENTATION OF A WASTEWATER PRETREAT- MENT PROGRAM FOR 'ruE PUBLICLY a-mED TREATMENT WORKS, a:M100LY REFERRED 'ro AS 'ruE BI-ciTY TREATMENT PLANl' AND THE ENGLEl'JOOD SEWER TREATMENT PLANT, IJJCATED AT 'ruE CITY OF ENGLEl'JOOD, COLORAOO. WHEREAS, the City of Englewood has the duty and desire to protect the public health, safety, and welfare; and WHEREAS, the City of Englewood has the authority to imple- ment uniform requirements for Dischargers into the wastewater collection and treatment systems in accordance with all applicable State and Federal laws relating thereto; and WHEREAS, the City of Englewood determines the need to prevent the introduction of pollutants into the wastewater treatment system which will interfere with the operation of the system or contami- nate the resulting sludge; and WHEREAS, the City of Englewood determines the need to prevent the introduction of pollutants into the wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere, or otherwise be incompatible with the system; and WHEREAS, the City of Englewood desires to improve the opportunity to recycle and recla i m wastewaters and sludges from the system; and WHEREAS, the City of Englewood desires to provide for equitable distribution among users of the cost of the publicly owned pretreatment works wastewater system; ~, 'rnEREFORE, BE IT RESOLVID BY 'lliE CITY CCXJOCIL OF 'lliE CITY OF ENGLDoiOOD, COLORAOO, that the City of Englewood endorses the Unplementation of a wa stewa ter pre treatment program in accorda nce with all applicab le State and Federal l a ws required by The Federal water Pollution Control Ac t (FWPCA, P.L. 92-500), as amended by The Clean water Act of 1977 , P.L. 95-217 , and the general Pretre atment Regulations (40CFR, Part 403). ADOPTED AND APPROVID the 2nd day of April , 1984. Approved : ex-officio city clerk-Treasurer- • I • - i • 0 • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No. __ , Series of 1984. Gary R. HigbE!e • I • • - ' • • • • • DISTRICT COURT, COUNTY OF ARAPAHOE, COLORAD'! CASE NO. _.....:8=-=Q'--=-'CY:...___:_46=-4:.....__ DIVISION ONE ORDER ALBERT R. RICHJ ET ALJ PLAINTIFFS v. CITY OF ENGLEWOODJ DEFENDANT COPY THIS MATTER CO:t-1ES ON FOR DEFENDANT'S MOTION FOR S.I~_9_f_ _____ _ JuoGM~NI..__ ____________ . _______________ --···-···-..•. _ . ________ --·--- THE COURT HAS REVIE\.JED THE PLEADINGS A~D FlNDS: THE MOTION IS WELL TAKEN, IT IS THEREFORE ORDERED: THE DEFENDANT'S MOTION FOR STAY OF _.JUDGMEblT.....Js--=--.GRAfUEll.--------------·---- ----·---------------------------- DO NE IN CHN~HERS MARCH 21, 1984 BY THE . .-.• District Court Judge • I . • -- ' • • • • CERTIFICATE OF MAILING I hereby certify that a copy of the foregoing Order has been forwarded to: t his 21sT day of MARCH , 1984 , by placing the sam e i n t h e U .S. M~il, duly addressed and suff~t postage prepa j • I . • CITY OP ENGLEWOOD, • • • Case No, BOCV45~· Division l vs. ~ c:)··''•' DEFENDANT'S MOTION FOR STAY OF JUDGMENT Plaintiffs, Defendant. The Defendant City of Englewood, by and through its attorneys, Keene, Munsingor ' Stuckey, hereby respectfully moves that the judgment of this Court entered on May 21, 1980, and June 2, 1980, be stayed and as reasons therefore, does state as follows& 1. This matter is presently on appeal by granted application for writ of certiorari to the Colorado Supreme Court in No. 82-SC-345 from a judgment of the Colorado Court of Appeals in No. 81-CA-0497, which judgment of the Colorado CQurt of Appeals affirmed a judgment of this Court which granted an order preliminarily enjoining the City of Englewood from further construction or utilization of a certain water tower. 2. During the pendency of this appeal by the City of Englewood, the Colorado Supreme Court held in Odd Fellows v. City of Englewood, No. 83-SA-22, decided June !!; 1983 (copy attached aa Exhibit A to thia motion), that the District Court is not divested of jurisdiction to consider, and if appropriate, issue a stay o! judgment pending appeal. 3. Defendant has this in this matter with the Colorado h as noted this motion, baaed necessi ty set forth below. date filed ita reply brief Supreme Court, in which it on Odd Fellows and the 4. Because of the summer season, and the de .. nds and needs for the utilisation of the water tower now in place by the residents immediately affected thereby, an( by fire department and other governmental water pressu~e needs, this motion ia now •ade, .r s. No prejudicial impact or any other detri .. ntal effect will be had on Plaintiffs in this action by a stay of jud gment allowing utilisation of the water tower, which i1 • I • • t • • • • the subject of this litigation. Pending resolution by the Colorado Supreme Court, no reason exists against allowing the City of EnglewoOd to implement the water tower in question as a part of its on-line water supply-pressure system, Now that it is clear that the District Court holds jurisdiction to decide whether or not to grant a stay, it is respectfully submitted that a hearing be held as soon as possible, taking into consideration the Court's docket, to act on this motion. 6. At such a hearing, the City of Englewood will present such evidence and testimony to substantiate and validate the necessity and legitimacy of a stay of this Court's Order previously entered, such evidence will un~quivocally show that the water tower in queotion should be allowed on-line now no matter what the eventual ruling of the Colorado Supreme Court, Should that holding be finally against Englewood, the stay requested herein would be automatically terminated in accordance with the decision of the Supreme Court. Respectfully submitted this 22nd d~y of July, 1983. KEENE, HUNSINGER i STUCKI¥ ~tAa.-tttf A./. 4-tak/- By' 1ictf:(N.n~~~,<"-N0~~1({ 600 s. Cherry St., Suite 420 Denver, co 80222-1816 Telephone& 320-0100 Assistant City Attorneys for The City of InglewoOd -------··-··-·--··----··-· .... _,.,' .... ·---·-· .... .. .... • , .. .. " J' I .. ' \ .. , I • • - ( . ( • • • • DISTRICT COURT, COUNTY OF ARAPAHOE, COLORADO CASE NO . _ _:8:...::Q_C::....;V'----'-46=-4'--- DIVISION ONE ORDER ALBERT R. RICH, ET AL, PLAINTIFFS v. CITY OF ENGLEWOOD. DEFENDANT COPY THIS MATTER cmtEs oN FOR _]EFENDANT's MoTION _f.OR SrAY_p£ _______ _ JUDGM~Nl._. __ ·---·--·-----··----·----·---_______ .. _ . _. _________ _ TH E COURT HAS REVIEI~ED THE PLEADINGS A~D FJNDS: THE MOTION IS WELL TAKEN, IT IS TH E REFORE ORDERED: THE DEFENDANT 1 S MOT! ON FOR SIAX OF _.JUDGMENT-IS-=-.GRl\tUEIL------------------- ---·----·----------------- DO NE IN CHN 1H ERS MARCH 21, 1984 I . • • • • CERTIFICATE OF MAILING • I hereby certify that a copy of the foregoing Order has been fot~arded to: - . ~ .. , this 21ST day of MARCH , 1984 , by placing the same in the U.S . l1ail, duly addressed and suffferent postage prepa j ( I . ' ' • • - • • • • vs. CITY OF ENGLEWOOD, ~ ()<'' ,' DEFENDANT'S MOTION FOR STAY OF JUDGMENT Plaintiffs, Defendant. The Defendant City of Englewood, by and through its attorneys, Keene, Munsingor & Stuckey, hereby respectfully moves that the judgment of this Court entered on May 21, 1980, and June 2, 1980, be stayed and as reasons therefore, does state as followsa l. This matter is presently on appeal by granted application for writ of certiorari to the Colorado Supreme Court in No. 82-SC-345 from a judgment of the Colorado Court of Appeals in No. 81-CA-0497, which judgment of the Colorado CQurt of Appeals affirmed a judgment of this Court which granted an order preliminarily enjoining the City of Englewood from further construction or utilization of ~ certain water tower. 2. During the pendency of thi~ appeal by the City of Englewood, the Colorado Supreme Court held in Odd Fellows v. City of Englewood, No. 83-SA-22, decided June !!; 1983 (copy attached as Exhibit A to this motion), that the District Court is not divested of jurisdiction to consider, and if appropriate, issue a stay of judgment pending appeal. 3. Defendant has this in this matter with the Colorado h as noted this motion, based necessi ty set forth below. date filed its reply brief Supreme Court, in which it on Odd Fellows and the 4. Because of the summer season, and the de .. nds and needs for the utilisation of the water tower now in place by the residents immediately affected thereby, an( by fire department and other governmental water pressure needs, this motion is now made. _,.. s. No prejudicial impact or any other detri .. ntal effect will be had on Plaintiffs in this action by a stay of judgment allowing utilisation of the water tower, which is I • - • ( • • • --the subject of this litigation. Pending resolution by the Colorado Supreme Court, no reason exists against allowing the City of Englewood to implement the water tower in question as a part of ita on-line water supply-pressure system. Now that it is clear that the District Court holds jurisdiction to decide whether or not to grant a stay, it is respectfully submitted that a hearing be held as soon as possible, taking into consideration the Court's docket, to act on this motion. 6. At such a hearing, the City of Englewood will present such evidence and testimony to substantiate and validate the necessity and legitimacy of a stay of this Court's Order previously entered7 such evidence will un~quivocally show that the water tower in queation should be allowed on-line now no matter what the eventual ruling of the Colorado Supreme Court. Should that holding be finally against Englewood, the stay requested herein would be automatically terminated in accordance with the decision of the Supreme Court. Respectfully submitted th i s 22nd dYy of July, 1983. KEENE, MUNSINGER ' STUCKEY Ati.Aa-t"' A)· .Jt"tk/' Bya 1!c¥.:iA.&t~~&,')ao~41(f 600 8. Cherry St., Suite 420 Denver, CO 80222-1816 Telephonea 320-0100 Assistant City Attorneys for The City of lnvlewood : ---------------·-· .... -··· ..... • . '' I . • - • • • • RESOLUTION NO. I J. SERIES OF 1984 __ _ A RESOLUTION NAMING 'mE NEW a:M1UNITY CENTER "'lliE mG£..~000 RECREATION CENTER". WHEREAS, at their regular monthly meeting of March 8, 1984, the Englewood Parks and Recreation Oammission made a recommendation in the form of a motion to name the new community center "'11'le Englewood Recreation Center;" ~' 'llfEREFORE, BE IT RESOLVED BY 'lliE CITY CXXJNCIL CF 'llfE CITY CF ENGLDJOOD, COLORAOO: '11'lat the City Council of the City of Englewood, Colorado, does hereby name the new community center "'llfE ENGLDJOOD ROCREATION CENTER." ADOPTED AND APPROVED this 2nd day of April, 1984. Attest: ex-off1c1o C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of Resolution No-~-' Series of 1984. I • • RESOLUTION NO. SERIES OF 1984 I ~ A RESOLUTION AMENDING THE GENERAL FUND. • • • WHEREAS, the City Council of the City of Englewood, Colorado has approved a consultant contract with David R. Smith to provide consulting services for the proposed new library; and WHEREAS, the Library Department will need an additional $13,980.00 for the consulting services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. Fund: The following appropriation is hereby made in the General Source of Funds General Fund Balance $13,980.00 ~rolriation L brary Consultant Services $13,980.00 \1 Section 2. • The City Manager and Director of Finance are hereby au- thorized to make the above changes to the 1984 budget of the City of Englewood. ADOPTED AND APPROVED THIS day of -------------------' 1984. Mayor ATTEST: ex off1c1o C1ty Clerk-Treasurer I, Gary R . Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, do hereby certify t h at the a b ove a n d foregoing is a true, accurate and complete c o py of Resolution No. ______ , Series of 1984. Gary R. Hig b ee • I • • - ll • RESOLUTION NO. SERIES OF 1984 A RESOLUTION AMENDING THE GENERAL FUND. • • • WHEREAS, the City Council of the City of Englewood, Colorado has approved a consultant contract with David R. Smith to provide consulting services for the proposed new library; and WHEREAS, the Library Department will need an additional $13,980.00 for the consulting services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. The following appropriation is hereby made in the General Fund: Source of Funds General Fund Balance $13,980.00 ~ropriation Library Consultant Services $13,980.00 Section 2. The City Manager and Director of Finance are hereby au- thorized to make the above changes to the 1984 budget of the City of Englewood. ADOPTED AND APPROVED THIS day of ------------------' 1984. Mayor ATTEST: ex officio city Clerk-Treasurer 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. Higbee • I • • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE April 2, 1984 AGENDA ITEM ~8 SUBJECT Award of Contract for Englewood Wa stewater Treatm en t Plant Expansion INITIATED BY Wi ll iam F. Owe n , PhD., P .E . Direc t o r of Wastewater Treatmen t ACTION PROPOSED Council to a pp rove a nd award contract for construction o f the 1984 Eng l ewood Was t ewater Treat me nt Plant Ex pa n sion to Summit Co nstruction , Inc . of Denver Colorado. INTROD UCTION: The Wastewater Treatment Denartment is requesting appro val and award of a construction contract to the low bidder (of nine), Summit Constructio n, for a sum of $881,645, and authorizing a total expenditures limit on this pro j ect of $1 ,604,500 to cover equipment purchase and other expenses . BACKGROUND: Last year the city council approved a design contract to Henningson , Durham & Richardson (HDR) for expanding the Englewood Wastewater Treatment Plant (WWTP) from th e present capacity of 5 mgd to 8 mgd. The design was completed in February, 1984 and the maior construction contract was bid o n March 20, 1984. The Engineer's estimate for this work was $1,626,000 (excluding ma t erials to be purchased and installed by t he plant staff). Recall , th e En g lewood WWTP was rehabilitated and placed in service in September, Jq82 as a r e latively inexpensive and rapid means for expanding th e ove r a ll capacity of the Bi-City WWTP . Now, the proposed expansion calls for a ddin g a second aeration basin and associated equipment to increase c apa ci t y even fu rth er. As before, this expansion will provide relatively low cost additional treatment capability. FINANCIAL DET AI LS: The engineer 's estimate for this nroiect was as follows : Construc tion Cost $ 1,147,000 Contingencies 229,000 Engineering 250,000 Subtotal Construction $ 1,626,000 * Additional Materials $ 40,500 Total Cost $ 1,666,500 * Materials and equipment to be installed by plant staff . • I • • - • 1 • • • • page 2 of 4 We r eceiv ed nine bids o n the subject construction as f oll ows : 1. Summit Construction Inc. 5570 E . Yale Ave Denver, Colorado 2 . Robert Dougan Construction 2100 S. Valentia Denver, Colorado 3. Gracon Corp PO Box 869 Loveland, Colorado 4. Reed Burton Construction Co. 301 E. Lincoln Ft. Collins, Colorado 5 . Mel Jarvis Construction Co. 2934 Arnold Salina, Kansas 6. Cornerstone Builders PO Box 204 ~ '. 8. Greeley, Colorado McKee Construction 5975 S. Syracuse Englewood, Colorado CPM Conatruction 850 !. 73rd Avenue Thornton, Colorado 9. L.R. Foy Construction 1525 West 4th Hut c hins on , Kansas $ 881,645 917,990 969,700 990,000 1,016,394 1,02 2,000 1,055,000 1,170,000 1, 207.000 The low bidder's cost represents 77 % of the e n gineer 's construction estimate . Additional funds will be needed over and above construction costs to com pl ete this project as shown in Table 1 . • I • - (j ·I • • • • page 3 of 4 Ta bl e 1 . Summar y of Engine ering and Constructio n Costs fo r 1984 En g l ewood Wastewater Tr e a~ment Plant Expansion. Encumbered/ Unencumbered Item Expended Funds Funds Tot a l CONSTRUCTION l. Construction $ $ 8 81,645 $ 881 ,645 Co ntract 2 . Aeration Equip . 83 ' 9 52 8 2,9 52 3. North RAS Pumps 19 ,5 61 19,561 4 . WAS & Supernatant 21 ,523 21 ,523 Pumps 5. Equipment Installed 24' 145 38 ,616 6 2,7 6 1 by Staff 6 . Pipe Modifications 4 5' 00 0 45,000 7. Ga s Utilities 10 ,000 10,0 00 Subt o t a l Co nstruc tio n $ 148,18 1 $ 975,261 $ 1,1 23 ,44 2 Co ntingency 110 '000 110 ,000 To tal Co nstructio n $ 14 8 ' 18 1 $ 1,085 ,2 61 $ 1 ,23 3 ,44 2 SERVICES 8. De sig n $ 140 ,32 6 $ 140' 32 6 9. Ins pec tio n 115 ,732 115 ,732 10 . Co n st r uc tio n Mana g er 10 0,0 00 100,000 11. Soi l s Tes ting 15,00 0 15,000 Total Services $ 356,058 $ 15,000 $ 371,058 Total Cost $ 504,239 1,100,261 $ 1. 604.500 At this time, we estimate total project costs will be $1,604,500, of which city council has already a uth o r ized ex pendi t ure of $504,239 for design services and miscellaneous equ ipme n t pr oc ureme nt. He n ce, we are current ly requesting th e expenditure limi t be exten ded to $1,604,500 a t t h is time to cover the remai n i n ~ project costs. This amount represents 96 % of the original engineer 's es t imate for this project. Please note that two items were postponed to faci l ita t e con- struction; those being 1) modifications to the South Plant aeration basin, and 2) heater to existing solids handling. I • - • • • • • Page 4 of 4 DISCUSSION: The low bidder, Summit Constructors, Inc. is a Denver-based construction firm that is a wholly-owned subsidiary of the CRS Group, Inc. of Houston, Texas. CRS purchased Summit in October , 1982 in their diversification efforts. The CRS Group is a national design/construction firm with net assets of $91 million and 1983 gross revenues of $167 million. They have unlimited bonding capabilities. We met with the President and Treasurer of Summit Constructors, Inc., Mr. Wendell Reed, to discuss the proposed work and assess their work plan. Mr. Reed indicated that he personally would serve as Project Manager on the Englewood WWTP Expansion. Furthermore, we contacted several references on past work, emphasizing projects on which Mr. Reed served as Project Manager or Superintendent. For example, while with Western Empire Constructors, Inc., Mr. Reed served as Superintendent on an addition to the Englewood WWTP which we understand went quite well. Based on this review, we feel that Summit Contractors, Inc., has the wherewithal! and intention of doing a good job for the City of Englweood. Additional infor~ation on Summit is attached for your reference. CONCLUSION/RECOMMENDATION: The low bidder, Summit Contractors, Inc., met all the requirements of the bid specifications and submitted appropriate insurance and bid forms. Based on the engineer's (HDR) and our review of this firm and their principal subcontractors, we are quite confident they will do a good job at a fair price. We recommend council award the 1984 Englewood WWTP Expansion contract to the low bidder, Summit Contractors, Inc., for the sum of $881,645. We further recommend the council authorize a total expenditure limit for this project of $1,604,500 to cover supplementary items necessary for project completion . ~~~~·--------------~--~~---·~~~--~----~~-I n I • • - • • -1111 the Talbert corporation SliRl: 1 Y BONOS AND IN SUHANCf Ill NVlli COLOHA()() GHANDJliNCTtON COI.ORAOO C ASPlH WYOMING !;Al llA.Kl C.I1Y UTA~l October 27, 1983 To Whom it Hay Concern: Re: Summit Constructors, Inc. Denver, Colorado • • • The Talbert Corporation provides Sumait Constructors, Inc. with all of their bonding and insurance requirements. We hold Wendell Reed and his professional staff in very high regard. They have done an excellent job in managing their coapany, and this fact is definitely reflected in the exceptional financial progress this firm has made since its inception. All comments have been very favorable regarding the expeditious manner in which Su.mit processes their work without any deterioration in the quality of workmanship. In every instance, all projects have been completed to the total satisfaction of owners, archi- tects and engineers. All bonds for Summit Constructors, Inc. are written in the Indus trial Indemnity Com- pany. While no maximum bonding limits have been established for this firm, Industrial Indemnity has prequalified Sullllllit on single jobs in the $50,000,000 category, with a total backlog of work in the $150 ,000,000 range. We highly recommend thi s contractor to you for any project in which they aight be in- terested in undertaking. If additional information i s needed, please feel free to contact us. ResJectfully yo~rs, 11/(,i \. jl/ltl' Robert J. Sunich Vice President RJS/cmb ft 0 10.1 UU O(NVfA C'f)L C'IfUO O 10 1 I Af'(A C OO t! JOliiJI 1 ,, I . - • I hnh'o 1 lio~nl> ( '••lllct 1/-40 Uw.nhllu.ly IJ.IIIVUI (;111111.UhJ t11J,11/ ,,•li·l'h.oilt : ( KOI t\hl IUt II United Bank of Denver ............. ,., ........... . W•lh .tu •M lt.t·.ll.,,. 'IJ M C l 111':ottkllll • • • lly Lhl~ l"LLt •r I dOt l'l<·,.,,,.d I •> clo ·s • l'llot' uur y,Jluat.l" clicnl, Su-it Conatructorrt, Inc . Til<' r.·latluntlhil' wo~,; o·stahllrtht~d ln 1981 and C•>nHl:Hed o£ huth tlo·pusllnry .mtl .:rc•lll o~n·uunt!l. Balances on clcposll avera~e within Lh•· •hlclle f lvt• ( lgur .. ,; wtlh roelatlona cKn·llcnl. llull•·•lll.111k tol tk·nv··• h.Hill,.. hun"r l•> ,,s,;t,.l Su-ll Conotlructors, Inc. with •hurt Lena, woHklnK •·,opll :ol ,-.,qulrcMt~nta of a ..,dt~rate s l• flt:url! u•uml . 'l'hh 1111•' of •·n ·tllr III'I><'~Ared to bl' artlvely and l'ropo:rly u11ctl. All nuumiL•cntli, huw<'vt ·r, h.ovc loculi rt!paltl and the flr111 now opcralt'tt as a uon -hurruwllll\ nd .tll•mshlp wlth requtn•-nta iuru.l"d lnternrtlly . llur prt:vltlu .. o·rctlll hlt~lnry, wlth the co.pany w:a,. cllt't•lll'nt wlt h all ",., . .,.....,datI on" hanoll••d In a t l11ely and propter aMUUCf. 'l'l••· •·"'"l>''...,lll u£ Sut .. llt C.>ns truo'lur s, lut. is well-known and hi~thly re11pectc.l by UnltcJ llo~nk uf llcuvl'L We r.,~ard both the ••••t•,any 3nd ll s •au.lt'.•'IMt.'Ul lu h"• l'rtd•·~·.iuo.d, (•o.pctent. and rcii.;Lic ,·,mlr.tctor>~ wllh ;1 hl ,.tory uf HLrunK pcrforunct!, I ·•• h~~uurt.•d tt• r,·,···••u ·nt.l 'iuMull t :uuwtru"tor~, Inc. to you for t •• v.ar .ahl t..· t.:UUhlJt..·t .tl l••U ,,u.l w••ul.& h,• lt.IJ'l'Y tu rc•pond to your 'I"''"' luooN "' o·u-o•ul •, .tl ( 1111) Hh 1 -HH II . I • • l v • • • • CONSENT OF SHAREHOLDERS AND DIRECTORS OF SUMMIT OOMBTRUCTORS, INC. Pureuant to the Colorado Corporation COde, the under- eigned, being all of the ahareholdere and director• of Su.ait Conetructore, Inc. a Colorado corporation (•coapany•), hereby coneent to and take the following action without a .. eting. 1. Election of Directore. The following pereone are elected ae director• of the Company to eerve until their euccea- aore are duly elected and qualified• Wendell Reed Richard J • Clark Edwin P. Wambaganea .. 2. Election of Officers. The director• elect the following pereone ae officer• of the Ca.pany in the poeitione ae indicated below until their eucceeeore are duly elected and qualified• NIUIIe Wendell Reed Richard J. Clark Dated October 17, 1982. Poeition Preeident and Treaeurer Vice Preaident and Secretary THE CRS QROUP, UIC. , a Texae corporation owner and holder of all of the ieeued and outatan4ing aharea of Su .. it Conetructora, Inc. ua~~ .. ?i::. I • • - • • • • • Consent In Writing In Lieu of A Special Meeting of The Board of Directors of Summit Constructors, Inc. On this ~-day of Decemher, 1982, the undersigned, being all of the Directors of Summit Constructors, Inc., a Colorado Corporation (The Corporation), hereby consent to and take the following corporate action, all with the same force and effect as though such action was duly taken by unanimous vote of the Directors at a special meeting of the Directors duly called and leqally held: Resolved, that the following officers of The Corporation are hereby authorized to execute any and all contracts on behalf of The Corpora t 1 on: NOTICE WAIVED AND ACTION TAKEN)~~!ED T~AS OF TilE DATE ABOVE WRITTEN: /; /lt[/a, .. t; ----· ~~in ~ambsqaniS, Director • I • • - • • • • • ,. • The undersigned Vice President/Secretary of The Corporation hereby certifies that is document is a true and accurate copy of Board of Directors Meeting Minutes of The Corporation . • I • • - I • C 0 U N C I L DATE April 2, 1984 • • • C 0 M M U N I C A T I 0 N AGENDA ITEM ~G SUBJECT Purchase of Liquid Oxygen Vaporizer INITIATED BY William F. Owen, PhD .. P.E . Director of Wastewater Treatment ACT I ON PROPOSED Council to approve purchase of Liquid Oxygen Vaporizer from HEX Industries , Inc . INTRODUCTION: The Wastewater Treatment Department is r eques ting approval of purchase of one Liquid Oxygen (LOX) Vaporizer from HEX Industries for a price not to exceed $8,300. BACKGROUND: During the extreme cold weather , the cryogenic oxygen plant exper- ienced fai lure to the LOX vaporizer. The LOX vaporizer is a heat exchanger used to warm LOX from -300° F to ambient temp e rature. The existing units used potable water as the warming medium. During th e extreme cold weather, the potabl e water supply was relatively cold (40 to 50°F), a nd hence th e vaporizer froze and fractured, completely demolishing the existing equipment. Upon investigation we found that the water vaporizer was inadequate for this dut y, and that an appropriate unit should include electricity o r another heat sour ce for vaporization to avoid freezing in this c limat e. In our investigation we contacted two of th e most competent consultant s on cryogenic oxygen equipment: Cryogenics Consultants of Westport, Connecticut , and Union Carbide Corporation, with a regional office in Denver. Both indicated that HEX Indus ries , Inc. of Gardena, California was the only source of this type of vaporizer, whi ch is a very specialized type of equipment. We therefore contacted this firm for detailed recommendations and a quote (see attached). FINANCIAL DETAILS: We received a quote from HEX Industries for a Series VEB 100, 28,000 scfh vaporiz r delivered to the jobsite of $8,039.00. With associated use tax the total cost will be $8,281.00. Because of the special nature of this equip- ment, specific advis from the abovementioned cryogenic specialists, and the favor- able price we were quoted, we did not solicit proposals from other suppliers who might be abl to provide similar t ype equipment. RECOMMENDA TION: We recommend th council authorize purchase of the LOX vaporizer from HEX Industries, Inc. of Gardena, Califo rnia for th e total sum of $8,281.00 which includes the City of En~lewood use t x. I • • ' I I J I~ • • AUTOMATIC TEMPERATURE CONTROL • COMPACT, EFFICIENT • FLEXIBLE CAPACITY • LOW PRESSURE DROP • • • Cryocast Electric VAPORIZERS SEAlES VEB 100 ·----------- The unique design of Hex Cryocast Vaporizers makes them ideal for efficient electric vaporizing of liquid oxygen or nitrogen, and can be modified for other cryogenic fluids such as argon , ethylene and ethane . Engineered for service to 500 psi , the compact Cryocast design features low pressure drop. The flow range is from 9,000 to 28 ,000 SCFH and additional Hex units can be combined for greater flow rates . CONSTRUCTION The key to the VEB Model efficiency is the exclusive Hex Cryocast construction . Long -l i fe electric heating elements and stainless steel heat exchanger tubes are carefu ll y positioned for optimum heat transfer, then cast i nto a solid block of Hexalloy -a spec ial aluminum alloy with high heat conductivity . Enhanced heat transfer is achieved in each of the sta i nless steel tubes by means of a Hex Spirovane turbulence promoter. This design also minimizes liquid slugging and surging . COMPLETE, COMPACT UNIT Hex VEB Vaporizers are complete w i th steel structural assemblies. pipi ng , electrical equipment and controls . The entire unit is sk id-mounted and ready to install . The fully-automatic controls are mounted in a raintight enclosure and include a temperature controller to maintain exit gas within :t: 25 "F . A safety device prevents overheating of the block if no gas is flowing . A self-contained 110V transformer operates all controls . ·ID@ 0 INDUSTRIES INC . •c ... ,,,., •. '· • I • - SPECIFICATIONS PlAN ElEVATION STANDARD OPTIONS AVAILABLE CONTACTOR PILOT LIGHTS to indicate when contactor is engaged & heating. WEATHERTIGHT ENCLOSURE for maximum electrical protection . CIRCUIT BREAKER & INTERLOCK to protect circuits and automatically disconnect with door opening . REMOTE CONTROL of on/oft operation AUTOMATIC "ON" CONTROL to sense Inlet temperature and operate when temperature drops below preset point. FLANGED MODULE to permit easy replace· ment of individual blocks. • • • r -+ -------~ ------,..,__ • HOLES ___ J0. ______J 5/8. 01 A r 15" END VIEW l I CHARACTERISTICS VEB SERIES VAPORIZER Conneclloft Serle• 100 .:" • --· ."J; ··-~ Ouantlly Fl-(Max .) P- HTI'II/Aaay. Inlet Dlacharge SCFtH• (KW)•• 1 1 • FlB 2" FLG 1•.000 60 2 1 • FlG 2" FLG 28.000 120 ""llecl Of'\ O••etef'l I I 50 "' OII CP'I I t Qe •1ttl 20 P$1 drol) I I 200 P$10 ··~ lf •w IDH HEX SE"IES 20D Electric V•IICiflan provide lor l1rwer CI,.CIIIel from 1,,500 SCF/H to 35,000 SCF/H (for du•l block 1Uemblle1). Con1u1t t1ctory tor detllll. m GO INDUSTRIES INC. 15001 s Fogueroa St . Gardena . CA 90248. (2131770 2130 I Telu 69 ·1535 • • 'J z " ~ I • - ( • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE 3 /2 9 I 84 AGENDA ITEM <6I:> SUBJECT 1983 General Fund INITIATED BY Andy McCown , City Manager ACTION PROPOSED Pass a resolution amending the 1983 General Fund RECOMMENDATION: Recommend passage of a resolution appropriating $29,330 from the 1983 General Fund fund balance to the 1983 Fire Department budget in the amount of $29,330. ( BACKGROUND: ( • In 1983 the Fire Department: a) Had a miscalculat i on for Personal Services i n the amoun t of $16,744 b) Absorbed $7,000 for mi scellaneous equipment in i ts operating budget for a new f i r e pumper c) Was c harged $3 ,7 40 for insurance deductibl e s d ) Wa s c h a rge d $1 ,800 fo r u nant ici p a ted water a nd s e we r related expen s e s 1983 GENERAL FUND BUDGET: Listed below is a summary of the overall status of the 1983 General Fund budget, and some specific points to draw your attention to: a) The fund balance for the General Fund as of 12/31/83 was $1 ,681,672 or $381 ,694 above the amount that was forecast at the beginning of the year for the 1984 budg et . Actual Fund Balance Fund Balance Budgeted 1/1/84 Fund Balance Above Forecast $1,681 ,672 1 ,2 99 ,978 381,69 4 I • -• • • ( b) Even though the General Fund sales tax revenues came in $585,000 below the projected budget, the General Fund's extremely good fund balance is a result of two things. One being other revenue sources came in approximately $278,000 higher then expected and the second point being actual operating expenditures were trimmed approximately $670,000 below the appropriated budget level. ( ( • Fund Balance 1/1/82 Revenue: Operating Transfer from other funds Total Revenue Expenditure: Actual Rev/Exp 1,489,608 Budget by Ord 1,109,352 14,726,841 15,033,774 645,291 746,000 --------------------16,861,740 16,889,126 Operating 14,560,068 15,230,856 Transfer from other funds 620,000 700,000 --------------------Total Expendi- tures 15,180,068 15,930,856 Fund Balance 12/31 /83 1,681,672 958,270 Balance 380,256 Revised Budget 1,489,608 (306,933) 14,588,669 (100,709) 635,076 (27,386) 16,713,353 (670,788) (80,000) (750,788) 723,402 • 14,803,070 620,000 15,423,070 1 ,290,283 Balance 138,172 1 0,215 148,387 (243,002) (243,002 ) 39 1 ,3 89 I • • -• • • ( ~ESOLUTION NO. _!!}__ SERIES OF 1984 • A RESOLUTION AMENDING THE 1983 GENERAL FUND. WHEREAS, the Fire Department had exceeded their Persona l Services Budget; and WHEREAS, the aforementioned costs exceeded the 1983 budget; and NOW, THEREFORE, BE IT RESOLVED, by the City Counc il of the City of Englewood, Colorado: Section 1. The following appropriation is hereby made in the General Fund: Source of Funds Fund Balance Appl i cation of Funds Fire Section 2. $ 29,330 $ 29,330 The Ci ty Ma nager and Director of Finance are hereby a u t hor i zed to mak e the above changes to the 1983 budget of the C i ty o f Englewood. ADO PT ED AN D APPROV ED this day of --------------------' 1984. Mayor ATTEST: ex off1c1o C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer o f the City of Englewood , Colorado , do hereby certify t h at the a b ove and foregoing is a true, accurate and complete copy of Resoluti o n No . ______ , Series of 1984. Gary R. Higbee • I • • - ( • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE 3/29/84 AGENDA ITEM ~b SUBJECT 1983 General Fund INITIATED BY Andy McCown, City Manager ACTION PROPOSED Pass a resolution amending the 1983 General Fund RECOMMENDATION: Recommend passage of a resolution appropriating $29,330 from the 1983 General Fund fund balance to the 1983 Fire Department budget in the amount of $29,330. ( BACKGROUND: • In 1983 the Fire Department: a) Had a miscalculation for Personal Services in the amount of $16,744 b) Absorbed $7,000 for miscellaneous equipment in its operating budget for a new fire pumper c) was charged $3 ,740 for insurance deductibles d) Was charged $1,800 for unanticipated water and sewer related expenses 19 83 GENERAL FUND BUDGET: Listed below is a summary of the overall status of the 1983 General Fund budget, and some specific points to draw your attention to: a) The fund balance for the General Fund as of 12/31/83 was $1,681,672 or $381,694 above the amount that was forecast at the beginning of the year for the 1984 budget. Actual Fund Balance Fund Balance Budgeted 1/1/84 Fund Balanc Above Forecast $1,681,672 1,299 ,978 381 ,694 • I • • ( • • • • ~ b) Even though the General Fund sales tax revenues came in $585,000 below the projected budget, the General Fund's extremely good fund balance is a result of two things. One being other revenue sources came in approximately $278,000 higher then expected and the second point being actual operating expenditures were trimmed approximately $670,000 below the appropriated budget level. Actual Rev/Exp Budget by Ord Balance Revised Budget Balance Fund Balance 1/1/82 Revenue: Operating Transfer from other funds Total Revenue Expenditure: 1,489,608 1,109,352 14,726,841 15,033,774 645,291 746,000 --------------------16,861,740 16,889,126 Operating 14,560,068 15,230,856 Transfer from other funds 620,000 700,000 Total Expendi--------------------- tures 15,180,068 15,930,856 Fund Balance 12/31/83 1,681,672 958,270 380,256 1,489,608 (306,933) 14,588,669 138,172 (100,709) 635,076 10,215 (27,386) 16,713,353 148,387 (670,788) 14,803,070 (243,002) (80,000) 620,000 ----------------- (750,788) 15,423,070 (243,002) 723,402 1,290,283 391,389 • I • • • • • ( .~ESOLUTION NO. SERIES OF 1984 • A RESOLUTION AMENDING THE 1983 GENERAL FUND. WHEREAS, the Fire Department had exceeded their Personal Serv i ces Budget; and WHEREAS, the aforementioned costs exceeded the 1983 budget; and NOW, THEREFORE, BE IT RESOLVED, by the C i ty Counc i l of the City of Englewood, Colorado: Section 1. The following appropriation is hereby made i n the General Fund: Source of Funds Fund Balance Application of Funds Fire Section 2. $ 29,3 3 0 $ 29,330 The City Manager and Director of Finance are hereby authorized to make the above changes to the 1983 budge t of the C i ty of Englewood. ADOPTED AND APPROVED t h i s day of -------------------' 1 984. Mayor ATTEST: ex off1c1o C1ty Clerk-Treasurer I , Gary R. Hig b ee, ex officio City Clerk-Treasurer of the City of Englewood , Colorado , do here b y certify that the above a n d foregoing is a true , accurate a n d complete copy of Resolution No . _______ , Series of 1984. Gary R. H1gbee • I • •