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Home My WebLink About1984-06-04 (Regular) Meeting Agenda• - • • r • • 0 City Council Meeting -Regular June 4, 1984 • • • • • - (3J;1~tn..~ --~ -i 1 /qftt---T .t'~ ·~o(, «.i,~1 ~ JI_A. ~ otl.~~ • 0 0 • I . - - 7:30 P.M. 1. ( (\,r{i ./ \} I (>)~ '---- 2. J 3. ( • • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL 6-tl; JUNE 4, 1;~1 "v( ~ s~t~~ s-1 cali to order, invocation, pledge of allegiance and roll call. Minutes. (a) Minutes of the special meeting of April 23, 1984. (Copies enclosed.) (b) Minutes of the special meeting of April 24, 1984. (Copies enclosed.) (c) Minutes of the special meeting of April 30, 1984. (Copies enclosed.) (d) Minutes of the regular (Copies enclosed.) meeting of Hay 7, 1984. (e) Minutes of the special meeting of Hay 141 1984. (Copies enclosed.) (f) Minutes of the regular meeting of Hay 21, 1984. (Copies enclosed.) Pre-Scheduled Visitors. (Please limit your pre- sentation to 10 minutes.) (a) Englewood High School Athletes and Coaches will be present to accept recognition awards in conjunction with participation in the 1983-1984 State Tournaments. Other Visitors. (Please limit your presentation to 5 minutes.) j\ Cl'-' • I • - ( • • I • • • • Page 2 June 4, 1984 Agenda 4. Public Hearing. (a) 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 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.) Communications -No Action Recommended. (a) Minutes of the Board of Adjustment and Appeals meeting of April 11, 1984. (Copies enclosed.) (b) Minutes of the Planning and Zoning Commission meeting of May 8, 1984. (Copies enclosed.) (c) Minutes of the Water and Sewer Board meeting of May 8, 1984. (Copies enclosed.) (d) Minutes of the Downtown Development Authority meeting of May 16, 1984. (Copies enclosed.) 6. Communications -Action Recommended. L--0- 7. (a) 1 ity Letter from the Executive Director of the Engle- wood Downtown Development Authority to Mayor Otis concerning appointments to the the Board. (Copies enclosed.) ~ fie--G-, DD ~ ·7-/-fro Attorney. Ordinance on Final Reading • (b) I{\ -~ Ordinance vacating street right-of-way and a sanitary sewer easement and granting an ease- ment for a new water line in the vicinity of South Sherman Street, u.s. 285 and South Logan Street. (Copies enclosed.) Ordinances. Bill providing for the increase of the hotel/ motel room tax by amending Title XIII, Chapter 4, Section 3(b), of the Englewood Municipal Code, 1969 as amended. (Copies available at meeting.) • ~-- I • • ( ( ( • • • • Page 3 June 4, 1984 Agenda AM /sb 7. 8. City Attorney (Continued). (c) Bill approving transit street improvement agreement with Regional Transportation District. (Copies enclosed.) Other Matters. City Manager. (a) Council Communication from the City Manager concerning an award of contract for installation of burglary/security system at the Englewood Recreation Center. (Copies enclosed.) (b) Resolution authorizing, approving and directing the City of Englewood, Colorado to enter into a certain cooperation agreement w i th First National Bank of Englewood; ratifying certain actions heretofore taken; and repealing any action heretofore taken in conflict herewith. (Copies available at meeting.) (c) Manager's Choice. 9. General Discussion. (a) Mayor's Choice. (b) Counc i l Member's • I • • - • • • • ·~-~_,__,_ ~1o:Sy, pu C A 1 : ?:Jcl rJ YY) AGENDA ITEM --- PRESENTED BY ----- Moved MOTION: '7 <I a._Lr i~tt 5 CJJl) __ ,( if I~_, f Q.t~/}, zfo_~l rtn e_ C t 'U /) '\ <._r U'vlf\e LA ) ROLL CALL Seconded Ayes Nay Absent Abstain ~~ Neal Vobe1da Weist Bi lo Bradshaw Otis • I . • • • • AGENDA ITEM -----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain _H_I_gel~ ..!:::::::. Nea_i ~ Vob~].da v ~ We_ist _j_l lo ~ Bradshaw .f.:::::::_ Otis ...it:::::::::. • I • • • • • - • • AGENDA ITEM (~ ROL L CALL Hoved Seconded Ayes Nay Absent Abstain ·-Hlgday Neal I --, -...__ Vobe i da Weist -Allo -Bradshaw --1 Otis I I I l MOTION : I . • • • • • • -~-~--. AGEN DA ITEM PRESENTED BY -------- ROLL CALL Hoved Seconded Ayes Nay Absent Abstain v liTqaay J v Neal r Vobe {da I Wei st -Bi lo J Bradsh-7 Ot is MOTION: I • • • • • • • ___, ---- AGENDA ITEM __,/_b __ _ PRESENTED BY -------- ROLL CALL Hoved Seconded Ayes Nay Absent Abstain Hlgday { NeaT I VobeJda I Weist k_ _Silo I J...--Bradshaw I Otis I MOTION: I • • • • - • • AGENDA ITEM __ )_c... __ P RESENTED BY -------- ROLL CALL Hoved Seconded Ayes Nay Absent Abstain ~ Nea_l _j_ Vobe1da J Weist J_.--_Bi lo .1 v Bradshaw _L Otis _r MOTION: I . • • - • • AGENDA ITEM PRESENTED BY ---------------- ROLL CALL Moved Seconded Ayes N•y Absent Abst•ln ~!! -.JL.. Nea.! vobuda -We,!st ~llo .J.. ..!:::::::... Bradshaw .L Otis j_ • • ""'""'' (if I • • 3 • • • • • AGENDA ITEM ~~ PRESENTED BY -------- ROLL CALL Moved Seconded Abstain ~ J Neal _j_ v Vobe~da J Weist ..!:::::_ _Biio j_ Bradshaw _j_ Otis I MOTION: 6-f I • • • • • - • • PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain HTgday --..;; v Neal Vobe]da Wei s t v Bllo Bradshaw - Oti s -- MOTION: OJ~ J' I • • • • - • • AGENDA ITEM -----P RESENTED BY ~- /)L (')V-- ROLL CALL Moved Seconded Ayes Nay Absent Abstain ~ Nea....!_ Vobuda • Wl!_!.st .. l.l.lo Bradshaw Oti s MOTION: I • • • • • • • AGENDA >TEM ~ PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain RT~:~aav I -c=- Neal 7 Vobe1da Werst -8110 ......; Bradshaw I Otis I MOTION: C p-~ I • • • • • • • ~-----~ -- AGENDA ITEM -----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes "-Y Absent Abstain Hiiadav Neal Vobe,da Weist Bllo Bradshaw Otis MOTION: I • • • • - • • AGEN DA ITEM P RESENTED BY ---------------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain -~~ -Nea..!. Vobe.J.da • We..!_st -.J.I lo Bradshaw Otis .l MOTION: • I • • t • • • - • • ...... - PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain ~~ _j_ Neal j_ ~ Vobejda • Weist _Bllo _..........-Bradshaw j_ Otis • MOTION : c 13 lb 11 I • • • • - • • .._- -~----~ . AGENDA ITEM s -« -c ( PRESENTED BY -------- ROLL CALL Moved Seconded Abstain ~ Nea...!_ .1 Vob~da I We_!_st --.J..IJ.Q. ...t:::. Bradshaw .l Otis I • • • • • - • • -..1...;..::! ___ .._ ____ -';> AGENDA ITEM 6 ?c_ . PRESENTED BY fh ( Cntrz< ROLL CALL Moved Seconded Ayes Na Ab y sent Abstain v "'gdav T Neal I Vob e1 d a I Weist v-Bllo Bradsll-I Otis I MOTION : s g U/L -t ) 6~' __A. ,..,.,__.... tzJ/ t-• .,/t /1"'--k/1 " .:) rJfi (/ 1Q. Cl /v--I • • ( . . ,<::) u...l--.{ '1. t:: ./.. 1-. {k;_, 1 tud<.-J ~ ' • • • • . .. ~~--------- AGENDA ITEM PRESENTED BY ------ ROLL CALL Hoved Seconded Ayes Nay Absent Abstain 1/ HlgCiay _}/'_ Neal Vobe1da Weist -Bi lo -Bradshaw Otis • MariON: CLU. cr ( (< ) -/yu I • • • - • • .... ~~ .... ----- AGENDA ITEM 2 ~ P RESENTED BY -------- ROLL CA LL Moved Seconded Ayes Nay Absent Abstain Ml_g_CI_ay Neal - Vo be :~d a We_!st -v Bllo -~ Bradshaw - Otis MOTION: I • • • • • • • AGENDA ITEM ~ PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday -Neal Vobe1da -Weist -}/ Bilo --;_;..;...;. Bradshaw Otis ~ MOTION: (:23 /1 . z_ I • • • • • • • AG ENDA I TEM ~ (___... PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain lH<iOay Neal Vobeida Weist -!.-"' Bllo ,._ Bradshaw Otis - 2 (_ I • • • • - • • • • .. • AGENDA ITEM __ l....:L __ · __ PRESENTED BY -------- ;lj!.'f"-o{ r~i ( -~ 'fJ fU;], {;)-lu ~" t:_A--<.-4't ''---' e:J .4-<U , ---' ROLL CALL Moved Seconded Ayes Nay Absent Hlgday ........ Neal Vobe1da -Weist -Bi lo .._....-Bradshaw Otis - MOTION: • Abstain I • • • - • • P RESENTE D BY )he (t_f fl](. ROLL CALL Moved Seconded Ayes Nay Absent Abstain JJTgaay --Neal Vobe1-da Wers t -~ Bi lo Jr Bradshaw Otis MOTION: {(_ L-U 1 I • • • • • • AGENDA ITEM --'i=-_,h .... ' --'--P RESENTED BY ROLL CALL Moved Seconded Ayes N•y Absent Abst•ln J.-7 IITgifay v-Neal Vobe1da WeTst Bi lo Br•dshaw Otis MOTION: ..j) f G',J. [ I • • • • • - • .. • AGENDA ITEM ----PRESENTED BY ------ ~ (j 0--.:J eX._ c<)-j -r ..----y'\...LL&_ fllll't Lo . r -. LF u\.Cf -c'o.'-'""~ () ~'VY\J.J.j ~o ~--~ ~~) ~ ce ['U l'K.J)Ufl,v tf{L -G~-J.j__o..J.f<-c!) Ct. Crt 7_ lR_., - /7) I.)R . ROLL CALL Moved Seconded Ayes Nay Absent Abstain HlgcfiY I Neal I Vobe i da I Weist BIJO Bradsh-I Otis I MOTION: I . • • • - • • PRESENTED BY ----- . \::)~/{_ Jd a~1 C-L 1-JV ()_q-__; 2: z c,? n,. ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgaay Neal Vobeida Weist Bi lo Bradshaw Otis MOTION: I . . • • - • SPECIAL MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado April 23, 1984 I~ The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on April 23, 1984, at 7:10 p.m. Mayor Pro Tern Bradshaw, presiding, called the meeting to order. The invocation was given by Council Member Higday. The pledge of allegiance was led by Mayor Pro Tern Bradshaw. Mayor Pro Tern Bradshaw asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw. Absent: Mayor Otis. The Mayor Pro Tern declared a quorum present • .. .. .. .. * .. .. Also present were: City Manager McCown City Attorney Olsen .. * .. Assistant City Manager Vargas Director of Community Development Powers Deputy City Clerk Owen .. * * * City Manager McCown stated staff needed some additional review of items in the amendment to the parking lease in the 3300 block of South Acoma Street, and recommended setting a special meeting for the following day. COUNCIL MEMBER NEAL MOVED TO SET A SPECIAL MEETING AT 5:30 P.M. ON APRIL 24, 1984, TO CONSIDER THE AMENDMENT TO PARKING LOT LEASE. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw. None. Mayor Otis. • I • • - • April 23, 1984 Page 2 • • • The Mayor Pro Tern declared the motion carried • • • • • • • • COUNCIL MEMBER HIGDAY MOVED TO APPOINT RACHEL OWENS TO THE STATEWIDE ,DEVELOPMENT BOARD. Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw. None. Mayor Otis. The Mayor Pro Tern declared the motion carried • • • • • • • • COUNCIL NEAL MOVED TO APPOINT DAN GREEN TO FILL CLET GASSON'S POSITION ON THE EDDA BOARD UNTIL THE END OF JUNE, 1984. Council Member Weist seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw. None. Mayor Otis. The Mayor Pro Tern declared the motion carried • • • • • • • • No further business could be discussed to special meeting status. Mayor Pro Tern Bradshaw adjourned the meeting without a vote at 7:15 p.m. • I . - • SPECIAL MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado April 24, 1984 I b The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on April 24, 1984, at 5:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Higday. The pledge of allegiance was led by Mayor Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. * * * Also present were: * * * * * * City Manager McCown City Attorney Olsen * Assistant City Manager Vargas Director of Community Development Powers Deputy City Clerk Owen * * * * Mayor Otis stated the purpose of the meeting was to consider an amendment to the parking lease in the 3300 block of South Acoma Street. City Attorney Olsen stated they have been finalizing negotiations with Bruce Deacon, the attorney representing Brady Enterprises on the lease. Agreement was reached with regard to all the changes except for one relating to assignability of the lease, and Hr. Deacon was to find out what their position would be. Hr. Olsen noted Hr. Deacon was not yet present and recommended adjourning until he arrived. Council Member Higday stated this was the second meeting where starting has been delayed. Hr. Higday asked Hr. Olsen to remind the Brady people to be punctual in the future. Council Member Neal asked what were the changes. City Attorney Olsen stated the lease did not give Council meaningful author i ty to object to the assignment. Brady's proposal was • I • • • April 24, 1984 Page 2 .. • • • that they would have the right to assign the lease at any time to a new party which meant they no longer would have any obligation to the City. Hr. Olsen advised Council they (Council) should have total control as the landlord to who it would be assigned. Council Member Neal stated another issue was the resolution of them having some substantial right to renew the lease after 20 years and asked how that was resolved. City Attorney Olsen stated Council was going to be asked to approve a 15 year lease with a 5 year renewal up to a 20 year limitation afforded by the Charter. Then Brady would seek a right to purchase the parcel. The provision sought the right of refusal if after 20 years the Council sought to lease it to someone else. The terms would be told to Brady who would have the right to match it. Council Member Bilo asked if the right to purchase was an option. City Attorney Olsen stated it was an option. Council Member Neal asked if that was an outright option or an option contingent upon a future Council declining to renew. City Attorney Olsen stated it would be an outright option to sell not to lease. Hr. Olsen noted the arrival of Hr. Deacon. Bruce Deacon, attorney with Calkins, Kramer, Grimshaw ' Harring, representing S. Bud Brady, came forward. Hr. Deacon transmitted the revised lease. Hr. Deacon stated changes were made to provide that the developer had the ability to be there for approximately 15 years plus one renewal term so the maximum time the developer could be there without getting further consent from the City was 20 years. Hr. Brady would give notice to the City 90 days before the end of the current renewal term, and then the City would have 15 days after that to either consent or not. If the City did not respond the renewal period would go into effect. If the City responded negatively the renewal period would not go into effect which would trigger an opportunity for the tenant to purchase the property at fair market value. Council Member Weist asked if at the end of 20 years would the lease also be at fair market value or be a continuation of the terms of the first. Hr. Deacon stated continuation of the terms which was the initial amount, then the fair market value adjustments at 4\ rate every four years the CPI increases. • I • • - • • Apri 1 24, 1984 Page 3 • • • Hr. Deacon discussed how determination of fair market value would be conducted. He discussed terms of right of first refusal. He stated there was a provision of indemnity from the tenant in favor of the landlord. Hr. Deacon discussed the language of rent being paid in advance. City Attorney Olsen noted a change he wanted on page 3 paragraph H, tenth line down by inserting the word "offer" after "lease". City Attorney Olsen stated he had a concern on page 2, paragraph F, it appeared to be an automatic renewal if the City did not act within 15 days. That was too short of time for a municipality to make a crucial decision. Hr. Olsen stated further it should not be automatic. It was the consensus that a 30-day period be allowed and Council would respond. City Attorney Olsen stated there were two other items. One related to whether or not the Council wanted to create the right for Brady to purchase after 20 years which would be irreservsible. The second concern was the assignability clause. Hr. Deacon stated if the City granted the developer to renew, then no purchase option came up unless the City was dealing with a third party. Therefore it did not mean automatically after 20 years there was an automatic purchase right. There was only a purchase right if the City declined to let the developer renew. Council Member Neal stated giving Brady the right to purchase the property in 20 years at fair market value guaranteed to the citizens that they would receive the full market value for that land. The key item was that the value of the ground be preserved for the citizens' benefit; if not the land then the dollars as well as grocery store, parking, etc. Hr. Neal stated he was comfortable with the assignment clause as written. City Attorney Olsen stated the assignment clause as presented permitted Brady to assign the lease to an entity which Council would have no control over the selection other than through the general zoning provisions. Hr. Olsen advised Council of having veto power over any assignment. Hr. Deacon gave argument for keeping the language as is. Hr. Deacon stated the assignee would have to comply with the current lease and with zoning. • I • ( • April 24, 1984 Page 4 • • • Council Member Neal cautioned restricting the assignment clause, and asked if compromise language could be introduced at this meeting. Council Member Neal suggested limiting the time in which the lease could be assigned. Mayor Otis declared a recess at 6:50 p.m. Council reconvened at 7:00 p.m. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Member Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. Mr. Deacon stated he proposed to alter the language so the City had the consent right with respect to an assignee who was not an entity of which Bud Brady was a general partner or had substantial ownership interest. Mr. Deacon stated the language would read in paragraph 11, fourth line down "Tenant shall not assign (except pursuant to paragraph 8 (financing) all of its rights as tenant under this ground lease without the prior written consent of the landlord, which consent shall not be unreasonably delayed"; and Mr. Deacon stated the rest remained as written. Mr. Olsen asked Hr. Deacon if he was agreeing that Council would have in essence blanket authority to approve an assignee. Mr. Deacon stated that was correct. COUNCIL MEMBER HIGDAY MOVED THAT THE CITY OF ENGLEWOOD APPROVE THE GROUND LEASE MADE WITH S. BUD BRADY. Council Member Bradshaw seconded the motion. COUNCIL MEMBER HIGDAY MOVED TO AMEND ON PAGE 3 SECTION H, LINE 10, BY ADDING "OFFER" BETWEEN "LEASE" AND "FOR" IN THAT SENTENCE; AND ON PAGE 2, SECTION F. CHANGE 15 DAYS TO 30 DAYS; ON PAGE 9 SECTION 11, FIFTH LINE DOWN STRIKE "WITHHELD OR". Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the amendment motion carried. • I • - f • April 24, 1984 Page 5 • • • Council Member Weist stated he would approve the lease if it were timed differently. Mr. Weist preferred consideration after all of the tenant~ leases in the former Herzog property were settled and after further clarification of the direction of the development. Upon a call of the roll, the vote on the original motion resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Bilo, Bradshaw, Otis. Council Member Weist. The Mayor declared the motion carried. * * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 7:10 p.m. ~(Q~ • I • • • SPECIAL MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado Apr i 1 3 0, 19 8 4 I ~ The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on April 30, 1984, at 7:00 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Higday. The pledge of allegiance was given by Mayor Otis. 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 City Attorney Olsen Assistant City Manager Vargas Director of Community Development Deputy City Clerk Owen * * * * * * * Powers COUNCIL MEMBER BRADSHAW MOVED TO CONSIDER AMENDMENT NO. 6 TO THE ENGLEWOOD Council Member Bilo seconded the motion. vote resulted as follows: OPEN THE PUBLIC HEARING TO DOWNTOWN REDEVELOPMENT PLAN. Upon a call of the roll, the Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Mayor Otis stated the purpose of the public hearing was to consider the amendment to the Downtown Redevelopment Plan. The Mayor stated properties to be conaidered were 3311 South Broadway, and the leases within 3333 South Broadway, 3315 South Broadway, 3365 South Broadway, 3378 South Acoma, 3370 South Acoma, 3340 South Acoma, and 33 West Girard Avenue • • I • - April 30, 1984 Page 2 • • • Mayor Otis stated Council received Resolution No. 13 from the Urban Renewal Authority which was approved on April 25, 1984 stating that the Authority determined the developer fulfilled his obligation for good faith negotiation. The Mayor stated Council would decide whether the proposed amendment was necessary to the implementation of the plan; and if the amendment was adopted, the Urban Renewal Authority would begin negotiations with property owners and leaseholders. Mayor Otis asked the Executive Director of Urban Renewal Authority Susan Powers to address the Council regarding the EURA's recommendation. Director Powers provided background information leading to the amendment and confirmed that the EURA determined the developer fulfilled his obligation as outlined in his agreement with the EURA under Section 1.2. Ms. Powers entered into the record a copy of the EURA Resolution No. 13. In response to Council Member Neal's questions, Ms. Powers stated 19 properties were initially involved and 12 have settled. The other seven remain on the list before Council. a Mayor Otis asked for comments from the audience of those people ( • who signed up to speak. Eugene Issen, owner of Han's World Shop at 3365 South Broadway, came forward. Mr. Issen expressed objection to the amendment. He stated he has not been treated fairly. He wanted to continue his business. Richard Brown, attorney representing Physical Whimsical at 3315 South Broadway, came forward. City Attorney Olsen informed City Council that the City was currently in litigation with Physical Whimsical. Mr. Brown stated the lawsuit dealt specifically with the parking lot adjacent to 3315 South Broadway which was apart from the issues of this hearing. Mr. Brown discussed the problems his client has had in trying to find a relocation place. Mr. Brown argued there was no evidence indicating the area to be blighted. Mr. Brown further argued there has not been good faith negotiations, and relayed what conversations have taken place with Brady representatives. Hr. Ed Lee, attorney representing Ted's Custom Clothers, 33 West Girard, came forward. Hr. Lee questioned whether his client's property was within a blighted area under the urban renewal statute. Hr. Lee I • • - • ( • April 30, 1984 Page 3 • • • suggested amending the relocation guidelines in the EURA handbook because the amount was too low. Mr. William Lahey, attorney for Ali Baba, came forward. Mr. Lahey asked Council to defer its decision on the amendment and allow for continue negotiations. Mr. Lahey acknowledged there was parking in the area but it was some distance from the restaurant. The distance and the area under being construction caused problems for people walking in at night time. Larry Rich, attorney representing Man's World, came forward. Mr. Rich agreed with the previous speakers. Mr. Rich indicated negotiations have been negative; and there has been no evidence proving that Mr. Issen's property should be included in the amendment. Melinda Wetzsell, owner of Other Mothers' Store in the 3400 block of South Broadway, came forward. Ms. Wetzsell stated the redevelopment would cause rent to increase and quiered what type of businesses would be drawn into the downtown area. Ms. Wetzsell stated the downtown economy was not able to afford $12-$18/square foot for rent. Barry Coleman whose name appeared on the sign up list declined to speak. George Allen, 2799 South Down, representing the Englewood Chamber of Commerce, came forward. Mr. Allen stated alot of people were coming into his office expressing they were being "railroaded" and given ultimatims which were unfair. Mr. Allen suggested establishing some form of monitoring to make sure there was fairness. Paul Lewan, owner of the old first national bank building, came forward. Mr. Lewan stated Brady representatives wanted his property free of leases. He stated it was impossible to get appraisals in the present timeframe. Mr. Lewan stated he was not able to find a comparable building or location. Hr. Lewan stated he was told by Brady representatives that his building was not valuable because he did not have a tenant on the first floor. Mr. Lewan stated he has not been treated fairly and asked Council to defer its decision and investigate if good faith negotiations have taken place. At the request of City Manager McCown, Director Powers stated the boundaries of the urban renewal area. Ms. Powers stated the properties which are the subject of this meeting have been in that area since 1982 when the area was adopted • Mrs. R.E. Evans whose name appeared on the sign up list declined to speak. • I • • • April 30, 1984 Page 4 ,. • • .. Mrs. Margaret Hanning whose name appeared on the sign up list declined to speak. Hr. Rich came forward again. Hr. Rich noted the boundaries included Cinderella City which apparently meant that not every property located within a particular boundary should be included in any redevelopment plan. City Attorney Olsen asked for a short recess since the public section appeared to be concluded and he wanted to ask Hr. Opperman the attorney for the Urban Renewal Authority some questions. Mayor Otis declared a recess at 8:25 p.m. Council reconvened at 8:35 p.m. 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. At the request of City Attorney Olsen, Director Powers came forward. Hs. Powers stated these properties have always been listed in the plan, not always for acquisition but always listed in the urban renewal district. Hs. Powers stated the Urban Renewal Authority concluded that good faith negotiations as outlined in Section 1.2 of the Redevelopment Agreement have been met by the developer. City Attorney Olsen asked Ms. Powers if Council passed the amendment then the next step would be for the leaseholders to enter into new negotiations with the Urban Renewal Authority. Hr. Olsen asked if Council did not pass the amendment then negotiations would resume with Brady representatives. Hs. Powers stated the statements were correct according to her understanding. Hs. Powers stated if EURA began negotiations it would be obliged under law to offer only fair market value; whereas, Brady representatives have the leaway to offer more. In response to Council Member Weist's question, Hr. Opperman, attorney for the Urban Renewal Authority, explained the two approaches in determ ining leasehold values and how terms of a lease were important to the value. Hr. Opperman stated he thought appraisers took into consideration the various terms as well as the economic situation in evaluating leasehold appraisals or leasehold amounts. I • • ( • April 30, 1984 Page 5 • • • Attorneys Brown and Rich requested time to ask questions of Ms. Powers during this public meeting. Mayor Otis denied their request under the advice of City Attorney Olsen. There were no further comments at this time. COUNCIL MEMBER HIGDAY MOVED TO CLOSE THE PUBLIC HEARING. 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. 18 SERIES OF 1984 A RESOLUTION OF THE ENGLEWOOD CITY COUNCIL TO AMEND THE ENGLEWOOD DOWNTOWN REDEVELOPMENT PLAN. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 18, SERIES OF 1984. Council Member Neal seconded the motion. Council Member Weist spoke against the amendment and the effects the urban renewal law has on the merchants. Hr. Weist recognized the benefits of the urban renewal plan but did not like being put into a situation of saying the plan was beneficial to all because it was not. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Bilo, Bradshaw, Otis. Council Members Vobejda, Weist. The Mayor declared the motion carried. * * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 9:00 p.m. • I • • - • r • REGULAR MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado May 7, 1984 /d. The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on May 7, 1984, at 7:30p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Reverend Clifford Sampier, Cherry Hills Full Gospel Center, 4860 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 Neal, Weist, Bilo, Bradshaw, Otis. Absent: Council Members Higday, Vobejda. The Mayor declared a quorum present • • • Also present were: • • • • • • City Manager McCown City Attorney Olsen • Assistant City Manager Vargas Assistant Director of Community Development (Planning) D. Romans Deputy City Clerk Owen • • • • • COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF APRIL 9, 1984. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Bilo, Bradshaw, Otis. Nays: None. Abstain: Council Members Neal, Weist. Absent: Council Members Higday, Vobejda. The Mayor declared the motion carried. • • • • • • • • I • • ...... t • • • .. May 7, 1984 Page 2 There were no pre-scheduled visitors. • • • • • • • There were no other visitors. • • • • • • • COUNCIL MEMBER BRADSHAW MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF ENGLE- WOOD AND ADDING THERETO A NEW CHAPTER CONSTITUTING A PORTION OF THE COM- PREHENSIVE ZONING ORDINANCE. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Weist, Bilo, Bradshaw, Otis. Nays: None. Absent: Council Members Higday, Vobejda. The Mayor declared the motion carried. Mayor Otis stated the public hearing related to the comprehen- sive zoning ordinance and asked Ms. Dorothy Romans to make the staff presentation. Ms. Romans, Assistant Director of Community Development (Plan- ning) came forward. Ms. Romans distributed the latest versions proposed to amend the Comprehensive Zoning Ordinance. Ms. Romans discussed the changes that have taken place since the ordinance was adopted in 1963. Ms. Romans discussed the proposed revisions to Section 16.4-B, R-3 High Density Residence District, Section 16.4-10 B-1 Business District, Sec- tion 16.4-11 B-2 Business District, Section 16.4-11 Design Guidelines for the Rehabilitation of Existing Buildings in the South Broadway Incentive Area, and Section 16.4-15 Planned Development (PO) District. Ms. Romans stated the department planned to incorporate the zoning ordinance in with the Municipal Code as Title 16. Ms. Romans asked that the total pr inted revisions transmitted at this hearing be made a part of the record as she reviewed only the high points. She stated the ordinance and proposed revisions were reviewed by former City Attorney Rick DeWitt, and the versions presented at this hearing reflected his changes. Mayor Otis asked if there was anyone in the audience wishing to speak on this matter. Ed Linkco, co-owner of the Army/Navy Surplus Store, came forward and asked questions regarding signage, Section 16.4-11. Mr. Linkco stat- ed the ordinance eliminated all usage of neon signs or any other back-lit • I • • • • .. - May 7, 1984 'f Page 3 • signs other than individual letters. He stated he should be permitted to have the general back-lit sign because the individual letter sign was much more expensive than the other type. Mayor Otis asked if he presently had a sign up. Mr. Linkco answered he did have a sign already in place. Mayor Otis stated there was a provision in the ordinance that gave leaway for Mr. Linkco and recommended he read it further. Les Johnson, 4951 Fairfax Lane, Littleton, came forward. Mr. Johnson stated he built and developed mini-storage warehouses. One just recently finished in Littleton which was up for a national award archi- tectually and landscape design-wise. Mr. Johnson discussed changing the parameters different from what was written in the ordinance. Mr. Johnson recommended not requiring inspection of every unit every three months; this was too frequent and impractical. He stated his leases contained language where he had the right when accompanied by police to inspect units, cut locks, and enter if there was suspicion of drugs, or traffic- ing of illicit goods. Also, he stated he had the right to enter if flooding or maintenance problems were noticed that could destroy goods. Mr. Johnson favored the PUD. Ll \) Mr. T. W. Anderson, 3798 South Elati, came forward. Mr. Anderson stated h~J a builder. Mr. Anderson stated he agreed with Mr. Johnson. Hr. Anderson congratulated Council on the urban renewal pro- ject. He cautioned not to "swing the pendulum" in this ordinance because if the restrictions were too difficult, development would not happen. Mr. Fred Kaufman, 3395 South Broadway, came forward. Mr. Kaufman asked about used furniture stores putting merchandise out on sidewalks as well as clothing stores putting out racks of clothes and if there was going to any regulations against this kind of activity. Ms. Romans stated there was a section addressing that under "Materials, Supplies, Equipment on Private and Public Property," and there was another provision in the Municipal Code that prohibited the placement of such on public sidewalks. Hs. Romans stated, however, the owner could probably place the merchandise out on his own property. Mr. Kaufman stated Council should consider this situation and sited such an instance which happened a few days ago. Hr. Kaufman asked Council to consider these "big dog houses". He stated if they were to be outdoor storage facilities then consider how they would fit onto a residential-sized lot. • I • • • • .. May 7, 1984 l Page 4 • • Mr. Kaufman asked how the City was going to regulate the recrea- tional facilities; was someone going to be present to supervise the fa- cilities. Council Member Neal referred to having merchandise on the side- walk noting the business owner had to have a special permit. There were no further comments. COUNCIL MEMBER BRADSHAW MOVED TO CLOSE THE PUBLIC HEARING. Council Member Silo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Weist, Silo, Bradshaw, Otis. None. Council Members Higday, Vobejda. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1984 BY AUTHORITY COUNCIL BILL NO. 18 INTRODUCED BY COUNCIL MEMBER SILO AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, COLORADO, BY ADDING THERETO A NEW CHAPTER CONSTITUTING A PORTION OF THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF ENGLEWOOD, COLORADO, FOR THE PURPOSE OF PROMOTING THE HEALTH, SAFETY, MORALS AND GENERAL WELFARE OF THE COMMUNITY; TO REGULATE AND RESTRICT THE APPEARANCE, SIZE, CHAR- ACTER, HEIGHT, AND BULK OF BUILDINGS AND STRUCTURES; TO DETERMINE THE AREA OF YARDS, COURTS, AND PLACES SURROUNDING THEM; TO REGULATE AND RE- STRICT THE DENSITY OF POPULATION; TO REGULATE AND RESTRICT THE USE OF LAND WITHIN A DESIGNATED FLOOD PLAIN OR DRAINAGE WAY; TO DIVIDE THE CITY OF ENGLEWOOD, COLORADO, INTO DISTRICTS FOR SUCH PURPOSES; ADOPTING AND INCORPORATING HEREIN A ZONING MAP WITH ALL THE NOTATIONS, REFERENCES AND OTHER INFORMATION SHOWN THEREON SHOWING, ESTABLISHING, AND DELINEATING SUCH ZONE DISTRICTS AND THE BOUNDARIES THEREOF; WHICH ORDINANCE IS ADOPT- ED PURSUANT TO THE CONSTITUTION OF THE STATE OF COLORADO AND THROUGH THE EXERCISE OF POWERS GRANTED AND ACQUIRED IN THE HOME RULE CHARTER ADOPTED IN 1958 BY THE CITY OF ENGLEWOOD, RECOGNIZING THAT ZONING IS ULTIMATELY A LOCAL AND MUNICIPAL MATTER, THE INTENT OF THIS PORTION OF THE COMPREHEN- SIVE ZONING ORDINANCE BEING TO SUPERSEDE WITHIN THE TERRITORIAL LIMITS AND OTHER JURISDICTION OF THE CITY OF ENGLEWOOD THE GENERAL LAW OF THE STATE OF COLORADO IN CONFLICT HEREWITH, REPEALING PORTIONS OF ORDINANCE NO. 26, SERIES OF 1963, AS AMENDED, AND PRESCRIBING PENALTIES AS SET • I • • • • May 7, 1984 ( Page 5 • FORTH IN THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD WHICH SHALL APPLY TO VIOLATIONS OF THE PROVISIONS OF THIS ORDINANCE AND DECLARING AN EMER- GENCY. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 18, SERIES OF 1984, ON FINAL READING. Council Member Neal seconded the motion. COUNCIL MEMBER BRADSHAW MOVED TO AMEND SECTION 16.4-10 B-1 BUSI- NESS DISTRICT UNDER "F. REQUIREMENTS FOR DEVELOPMENT 1. MAXIMUM HEIGHT- ABILITY" TO CHANGE 100 FEET TO 60 FEET; AND INSTRUCT STAFF TO COME BACK WITH SOME ALTERNATIVE THAT WOULD BE LESS BURDENSOME THAN A PLANNED DE- VELOPMENT BUT WOULD PROTECT THE CITIZENS. Council Member Neal seconded the motion. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Nays: Absent: Council Members Neal, Weist, Bilo, Bradshaw, Otis. None. Council Members Higday, Vobejda. The Mayor declared the amendment motion carried. COUNCIL MEMBER BRADSHAW MOVED TO AMEND SECTION 16.4-11 B-2 BUSI- NESS DISTRICT BY DELETING THE ENTIRE SECTION ON THE MINI-STORAGE, ASKING STAFF TO CONSIDER THE COMMENTS MADE BY MR. JOHNSON AND MAKING RECOMMENDA- TIONS BASED ON THEM. Council Member Bilo seconded the motion. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Nays: Absent: Council Members Neal, Weist, Bilo, Bradshaw, Otis. None. Council Members Higday, Vobejda. The Mayor declared the amendment motion carried. COUNCIL MEMBER NEAL MOVED TO AMEND SECTION 16.4-6 PLANNED DE- VELOPMENT B-1 USES PERMITTED TO PUT A PERIOD AFTER "OTHER PROVISIONS OF THIS ORDINANCE" AND TO DELETE "INCLUDING ACTION OF THE BOARD OF ADJUST- MENT AND APPEALS". Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Neal, Weist, Bilo, Bradshaw, Otis. None. • I • - • May 7, 1984 Page 6 Absent: • • • Council Members Higday, Vobejda. The Mayor declared the amendment motion carried. COUNCIL MEMBER NEAL MOVED TO AMEND SECTION 16.4-8 R-3 HIGH DEN- SITY RESIDENCE DISTRICT 4.B.(ll) TO LEAVE THE WORDING AS "PUBLIC FACIL- ITIES" AND STRIKE "BULIDINGS" AND ASKED STAFF TO PROPERLY DEFINE "FACIL- ITIES". Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Nays: Absent: Council Members Neal, Weist, Bilo, Bradshaw, Otis. None. Council Members Higday, Vobejda. The Mayor declared the amendment motion carried. COUNCIL MEMBER WEIST MOVED TO AMEND SECTION 16.4-11 DESIGN GUIDELINES FOR THE REHABILITATION OF EXISTING BUILDINGS IN THE SOUTH BROADWAY INCENTIVE AREA REGARDING SIGNAGE (E).2.B. BY DELETING B. AND RENUMBERING THE SECTION. Council Member Neal seconded the motion. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Council Members Neal, Weist, Bilo, Otis. Nays: Council Member Bradshaw. Absent: Council Members Higday, Vobejda. The Mayor declared the amendment motion carried. Upon a call of the roll, the vote on the original motion result- ed as follows: Ayes: Nays: Absent: Council Members Neal, Weist, Bilo, Bradshaw, Otis. None. Council Members Higday, Vobejda. The Mayor declared the motion carried. • • • • • • • • I • • • • ,. • Hay 7, 1984 ( Page 7 • Mayor Otis declared a recess at 9:20 p.m. Council reconvened at 9:30 p.m. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Neal, Weist, Bilo, Bradshaw, Otis. Absent: Council Members Higday, Vobejda. The Mayor declared a quorum present. * * * * * * * "Communications -No Action Recommended" on the agenda were: (a) (b) (cO (d) (e) (f) Minutes of the Board of Adjustment and Appeals meeting of March 14, 1984. Minutes of the Planning and Zoning Commission meeting of April 3, 1984. Minutes of the Urban Renewal Authority meeting of April 4, 1984. Minutes of the Liquor License Authority meeting of April 4, 9, and 26, 1984. Minutes of the Englewood Public Library Advisory Board meeting of April 10, 1984. Minutes of the Englewood Downtown Development Authority meeting of April 11, 1984. COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT "COMMUNICATIONS -NO ACTION RECOMMENDED" AGENDA ITEMS S(A) -S(F). Council Member Bilo sec- onded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Absent: Council Members Neal, Weist, Bilo, Bradshaw, Otis. None. Council Members Higday, Vobejda. The Mayor declared the motion carried. * * * * * * * I • • • • • May 7, 1984 ( Page 8 City Manager McCown presented Council Communications from the Planning and Zoning Commission concerning an amendment to the Planned Development District and an amendment to the Design Guidelines for the South Broadway Incentive Area. COUNCIL MEMBER NEAL MOVED TO RECEIVE THE COUNCIL COMMUNICATIONS. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Weist, Bilo, Bradshaw, Otis. None. Council Members Higday, Vobejda. The Mayor declared the motion carried. * * * * * * * City Manager McCown presented Council Communications from the watar and Sewer Board concerning Supplements 198, 99, 100. { COUNCIL MEMBER NEAL MOVED TO WAIVE THE PRESENTATION BY THE ASSISTANT CITY MANAGER VARGAS CONCERNING THE SUPPLEMENTS. Council Member Bile seconded the motion. Upon a call of the roll, the vote resulted as follows: • Ayes: Nays: Absent: Council Members Neal, Weist, Bile, Bradshaw, Otis. None. Council Members Higday, Vobejda. The Mayor declared the motion carried. * * * * * * * City Manager McCown presented a memorandum from the Municipal Court Judge concerning relocation of Municipal Court. Mr. McCown stated Judge Parkinson recommended having the Court Advisory Committee prepare recommendations for future transmittals to Council concerning the possible relocation of the Municipal Court facility. Mr. McCown offered an alternate recommendation which allowed the Committee to review the recommendations as they come in from the engineers, designers, etc.; and then have the Committee submit their comments. • I • • - - • May 7, 1984 Page 9 • • • COUNCIL MEMBER NEAL MOVED TO REPLY TO THE JUDGE AND COPY THE MEMBERS OF THE COURT ADVISORY COMMITTEE TO DIRECT THEM NOT TO BEGIN IN- VESTIGATION OF DIFFERENT LOCATIONS AND OTHER ASPECTS OF THE MUNICIPAL COURT ACTIVITY UNTIL COUNCIL HAS THE BASIC DATA IN TERMS OF COST RELATIVE EFFICIENCIES, ETC., AND UNTIL BASIC LOCATION DECISIONS AS TO EVEN THE CITY HALL HAVE BEEN MADE. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Weist, Bilo, Bradshaw, Otis. None. Council Members Higday, Vobejda. The Mayor declared the motion carried. * * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE SUPPLEMENTS t98, 99, AND 100. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Weist, Bilo, Bradshaw, Otis. None. Council Members Higday, Vobejda. The Mayor declared the motion carried. ORDINANCE NO. 17 SERIES OF 1984 * * * * BY AUTHORITY * * * COUNCIL BILL NO. 13 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE 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 FACIL- ITY. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 13, SERIES OF 1984, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • - ( ( • May 7, 1984 Page 10 Ayes: Nays: Absent: • • • Council Members Neal, Weist, Silo, Bradshaw, Otis. None. Council Members Higday, Vobejda. The Mayor declared the motion carried • ORDINANCE NO. SERIES OF 1984 • • * • BY AUTHORITY A BILL FOR * • • COUNCIL BILL NO. 19 INTRODUCED BY COUNCIL MEMBER AN ORDINANCE PROVIDING FOR THE INCREASE OF THE HOTEL/HOTEL ROOM TAX BY AMENDING TITLE XIII, CHAPTER 4, SECTION 3(8), OF THE ENGLEWOOD MUNICIPAL CODE '69, AS AMENDED. City Attorney Olsen recommended tabling Council Bill No. 19 for further review to make sure it was not subject to any varying inter- pretation. COUNCIL MEMBER BRADSHAW MOVED TO TABLE COUNCIL BILL NO. 19, SERIES OF 1984. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Weist, Bilo, Bradshaw, Otis. None. Council Members Higday, Vobejda. The Mayor declared the motion carried • • • * • • • * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE PROCLAMATION DE- CLARING HAY 6-12, 1984 AS "VOLUNTEER RECOGNITION WEEK." Council Member Weist seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Counc i l Members Neal, Weist, B i lo, Bradshaw, Otis • I • • • • • May 7, 1984 ( Page 11 ( • Nays: None. Absent: Council Members Higday, Vobejda. The Mayor declared the motion carried. * * * * * * * COUNCIL MEMBER WEIST MOVED TO APPROVE THE PROCLAMATION DECLARING MAY 20-26, 1984 AS "PUBLIC WORKS WEEK." Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Weist, Bilo, Bradshaw, Otis. None. Council Members Higday, Vobejda. The Mayor declared the motion carried. * * * * * * * COUNCIL MEMBER WEIST MOVED TO APPROVE THE PROCLAMATION DECLARING THE WEEK OF MAY 6, 1984 AS "SMALL BUSINESS WEEK." Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Weist, Bilo, Bradshaw, Otis. None. Council Members Higday, Vobejda. The Mayor declared the motion carried. Mayor Otis presented the proclamation to a representative of the Englewood Chamber of Commerce who expressed appreciation on behalf of the Chamber. Recognizing that the representative had sat through the meeting thus far, Council Member Bradshaw suggested initiating a sign-up sheet system. * * * * * * * Council Member Bradshaw suggested looking at consent agendas • I • • • • • May 7, 1984 (. Page 12 • RESOLUTION NO. 19 SERIES OF 1984 • * • • • • • A RESOLUTION APPOINTING RICK DEWITT ASSISTANT CITY ATTORNEY. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 19, SERIES OF 1984. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Weist, Bilo, Bradshaw, Otis. None. Council Members Higday, Vobejda. The Mayor declared the motion carried • • • • • * • • Council Member Neal referred to the recent appointment on the Englewood Downtown Development Authority replacing Clet Gasson. Mr. Neal noted the term did not expire in July as he had indicated and apologized for so indicating. Council Member Bradshaw stated in that case the appointment would be considered temporary until determined different • • * • • • * • There was no further business discussed • • • • • • • • COUNCIL MEMBER BRADSHAW MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 9:50 p.m. J1.l I • • - ( • ( SPECIAL MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado May 14, 1984 t~ The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on Hay 14, 1984, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Higday. The pledge of allegiance was led by Mayor Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Vobejda, Bilo, Bradshaw, Otis. Absent: Council Member Weist. (arrived at 7:35p.m.) The Mayor declared a quorum present. • • • • • • • Also present were: Acting City Manager Vargas • • • Assistant City Attorney DeWitt Director of Engineering Services Diede Deputy City Clerk Owen • • • • COUNCIL MEMBER BRADSHAW MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER ASSESSMENTS WITHIN PAVING DISTRICT NO. 29. Council Member Neal 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 • , I • t ""'l • \ \. .. • • • May 14, 1984 ( Page 2 ( Acting City Manager Vargas stated the purpose of the public hearing was to consider the assessments for Paving District No. 29. Director of Engineering Services Diede, home address of 4710 South Mariposa Drive, came forward and was sworn in by the Clerk. Director Diede stated the streets involved in the district were 2700-3200 South Cherokee Street, 2600-2700 West Union Avenue, and 4500 South Navajo. Director Diede stated the total project cost was $448,069; the total assessed was $269,669; and the City's share was $178,399. Director Diede stated trees were currently being purchased and would be planted by the end of June. He then explained how both the individual and industrial costs were determined. Council Member Weist entered the meeting at 7:35 p.m. Director Diede stated any comments made tonight would be responded to in writing to the property owner with copies to City Council. Reading of the final assessment ordinance on June 4th. The last day the property owner could pay the assessment was July 6th to receive a 5\ discount. After July 6th assessments would be sent to the County for collection which the property owner could pay over the next 10 years at an interest rate of 9.5\. Director Diede stated there was an assessment deferral program for property owners if qualified under the guidelines. Information concerning the def~rral program was available through the Department of Community Development. Deputy Clerk Owen entered into the record a letter of protest from Mr. and Mrs. Robert F. Kelly on properties at 3029 South Cherokee and 3015 South Cherokee on the basis that the assessments were in amounts greater than the increase in value of the properties. Mayor Otis explained this was the 29th paving district conducted under a long-standing program. He stated Council set up a 10-year paving program under which all the streets in the City of Englewood would be paved. After that time there would be no more paving districts because the City would take over. Mayor Otis asked if there was anyone in the audience wishing to speak about the paving district. No one responded. Council Member Vobejda stated the owner of 3109 South Cherokee showed him where someone had dropped a tool on the new concrete; and consequently, the area needed repaired. Director Diede stated they checked the damage and found it on the back of the curb next to the sod. They would have the contractor patch it with an epoxy piece as the damage did not appear to be severe enough for replacement. I! li • • ,.,~"In I • • n - ( • May 14, 1984 Page 3 • • • There were no further comments. COUNCIL MEMBER BRADSHAW MOVED TO CLOSE THE PUBLIC HEARING. 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 BILO MOVED TO ADJOURN. Council Member Bradshaw seconded the motion. Mayor Otis adjourned the meeting without a vote at 7:45 p.m. puty C1ty Clerk • I • • ( ( ( • REGULAR MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado May 21, 1984 If The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on May 21, 1984, at 7:30 p.m. Mayor Pro Tern Bradshaw, presiding, called the meeting to order. The invocation was given by Bishop Philip Nolen, Church of Jesus Chr ist of Latter-day Saints, Englewood Ward, 999 East Tufts Avenue. The pledge of allegiance was led by Boy Scou t Troop 192. Mayor Pro Tern Bradshaw asked for roll call . Upon a call of the roll, the following were present: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw. Absent: Mayor Otis. The Mayor Pro Tern declared a quorum present. * * * * * * * Also present were: City Manager McCown Assistant City Manager Vargas Assistant City Attorney DeWitt Deputy City Clerk Owen * * * * * * * COUNCIL MEMBER WEIST MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF APRIL 10, 1984. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw. None. Mayor Otis. The Mayor Pro Tern declared the motion carried. * * * * * * * • I • • ( ( • May 21, 1984 Page 2 • • • COUNCIL MEMBER WEIST MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF APRIL 16, 1984. 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, Nays: None. Abstain: Mayor Pro Tern Bradshaw. Absent: Mayor Otis. The Mayor Pro Tern declared the motion carried. * * * * * * * COUNCIL MEMBER HIGDAY MOVED TO APPROVE A PROCLAMATION DECLARING MAY 26, 1984, AS "BUDDY POPPY DAY." Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw. None. Mayor Otis. The Mayor Pro Tern declared the motion carried. Mayor Pro Tern Bradshaw read and presented the proclamation to Ms. Janice Cant, Buddy Poppy Chairman. * * * * * * * Mayor Pro Tern Bradshaw asked if there were any other visitors in the audience. Hr. Tom Eggert representing DRCOG and past Chairman of DRCOG came forward. Hr. Eggert presented the City with the 1984 DRCOG second place award for the Bi-City cogeneration project as recognition of achievement in the category of productivity. City Manager McCown noted a cash award accompanied the DRCOG award; but was undecided at this time where to disburse it. * * * * * * * There were no other visitors. • I • • ( • May 21, 1984 Page 3 * * * * • • - * * * "Communications -No Action Recommended" on the agenda were: (a) (b) (c) (d) Minutes of the Parks and Recreation Commission meeting of March 8, 1984. Minutes of the Planning and Zoning Commission meeting of April 17, 1984. Minutes of the Public Library Advisory Board meeting of Hay 8, 1984. Memorandum from the Municipal Court Administrator to the Mayor and Members of City Council concern- ing the Quarterly Report for the first quarter of 1984. COUNCIL MEMBER NEAL MOVED TO ACCEPT "COMMUNICATIONS -NO ACTION RECOMMENDED" AGENDA ITEMS 5(A) -5(D). Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw. None. Mayor Otis. The Mayor Pro Tern declared the motion carried • • * * * * * * City Manager McCown presented a Council Communication from the Planning and Zoning Commission concerning an amendment to the Compre- hensive Zoning Ordinance by adding a new Section 16.8 relating to fences and retaining walls. COUNCIL MEMBER BILO MOVED TO RECEIVE THE RECOMMENDATION AND DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE IN ORDER THAT A PUBLIC HEARING BE SCHEDULED. Council Member Vobejda seconded the motion. Council Member Vobejda referred to Table 16.9 and asked about cross-corner visibi=Jty of ~local street. Hr. Vobejda noted it could cut off a tremendous ~oiSLnfl1£¥of fencing if there was a situation of 50 feet by 50 feet. Hr. Vobejda asked that this question be addressed at the public hear~ng. • I • • • May 21, 1984 Page 4 • • - Council Member Neal stated he was alittle concerned about this section and did not want to eliminate options that really were not the business of the City. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw. None. Mayor Otis. The Mayor Pro Tern declared the motion carried • ORDINANCE NO. 18 SERIES OF 1984 • • • • BY AUTHORITY • • • COUNCIL BILL NO. 18 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, COLORADO, BY ADDING THERETO A NEW CHAPTER CONSTITUTING A PORTION OF THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF ENGLEWOOD, COLORADO, FOR THE PURPOSE OF PROMOTING THE HEALTH, SAFETY, MORALS AND GENERAL WELFARE OF THE COMMUNITY; TO REGULATE AND RESTRICT THE APPEARANCE, SIZE, CHAR- ACTER, HEIGHT, AND BULK OF BUILDINGS AND STRUCTURES; TO DETERMINE THE AREA OF YARDS, COURTS, AND PLACES SURROUNDING THEM; TO REGULATE AND RE- STRICT THE DENSITY OF POPULATION; TO REGULATE AND RESTRICT THE USE OF LAND WITHIN A DESIGNATED FLOOD PLAIN OR DRAINAGE WAY; TO DIVIDE THE CITY OF ENGLEWOOD, COLORADO, INTO DISTRICTS FOR SUCH PURPOSES; ADOPTING AND INCORPORATING HEREIN A ZONING MAP WITH ALL THE NOTATIONS, REFERENCES AND OTHER INFORMATION SHOWN THEREON SHOWING, ESTABLISHING, AND DELINEATING SUCH ZONE DISTRICTS AND THE BOUNDARIES THEREOF; WHICH ORDINANCE IS ADOPT- ED PURSUANT TO THE CONSTITUTION OF THE STATE OF COLORADO AND THROUGH THE EXERCISE OF POWERS GRANTED AND ACQUIRED IN THE HOME RULE CHARTER ADOPTED IN 1958 BY THE CITY OF ENGLEWOOD, RECOGNIZING THAT ZONING IS ULTIMATELY A LOCAL AND MUNICIPAL MATTER, THE INTENT OF THIS PORTION OF THE COMPREHEN- SIVE ZONING ORDINANCE BEING TO SUPERSEDE WITHIN THE TERRITORIAL LIMITS AND OTHER JURISDICTION OF THE CITY OF ENGLEWOOD THE GENERAL LAW OF THE STATE OF COLORADO IN CONFLICT HEREWITH, REPEALING PORTIONS OF ORDINANCE NO. 26, SERIES OF 1963, AS AMENDED, AND PRESCRIBING PENALTIES AS SET FORTH IN THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD WHICH SHALL APPLY TO VIOLATIONS OF THE PROVISIONS OF THIS ORDINANCE AND DECLARING AN EMER-GENCY. • I • - • May 21, 1984 Page 5 • • • COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 18, SERIES OF 1984, ON FINAL READING. Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw. None. Mayor Otis. The Mayor Pro Tern declared the motion carried. ORDINANCE NO. SERIES OF 1984 * * * * BY AUTHORITY A BILL FOR * * * COUNCIL BILL NO. 17 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE VACATING STREET RIGHT OF WAY AND A SANITARY SEWER EASEMENT AND ACCEPTING AN EASEMENT FOR A NEW WATER LINE IN THE VICINITY OF SOUTH SHERMAN STREET, U.S. 285, AND SOUTH LOGAN STREET. Assistant City Attorney DeWitt displayed a map showing the area being vacated and the area being received. Council Member Vobejda asked if Mr. Jones' concerns were answered. City Manager McCown stated Mr. Jones' letter was reviewed by Assistant City Manager Vargas and Community Development (Planning) staff. Ms. Romans replied and they were going to meet with Hr. Jones to discuss the situation further. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 17, SERIES OF 1984, ON FIRST READING. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw. None. Mayor Otis. I • - • • May 21, 1984 Page 6 • • • The Mayor Pro Tern declared the motion carried. * * * * * * * Assistant City Attorney DeWitt transmitted the memorandum opinion and order in the case of City of Englewood v. John L. Leydon. Mr. DeWitt stated the court ruled in favor of the city by approving the denial of promotion. * * * * * * * Assistant City Attorney DeWitt asked for approval of a license agreement permitting the State of Colorado Department of Natural Re- sources, Colorado Water Conservation Board to enter upon property de- scribed in Ordinance No. 23, Series of 1983. Such ordinance granted the State of Colorado the authority to construct certain improvements neces- sary as a result of the channelization of the South Platte River. COUNCIL MEMBER NEAL MOVED TO GRANT A LICENSE AGREEMENT TO THE STATE OF COLORADO WATER CONSERVATION BOARD IN REGARD TO THE CONSTRUCTION OF THE UNION AVENUE PUMP STATION ALONG THE PROPERTY DESCRIBED IN ORDI- NANCE NO. 23, SERIES OF 1983. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw. None. Mayor Otis. The Mayor Pro Tern declared the motion carried. * * * * * * * Assistant City Attorney DeWitt asked for approval of a right- of-way agreement concerning the City Ditch as a result of the depression project in the City of Littleton • COUNCIL MEMBER VOBEJDA MOVED TO APPROVE THE AGREEMENT. Council Member Neal seconded the motion. Upon a call of the roll, the vote re-sulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw. None. Mayor Otis. • I • - • May 21, 1984 Page 7 • • • The Mayor Pro Tern declared the motion carried. * * * * * * * City Manager McCown presented a Council Communication and re- solution regarding the six quarter budget for the period April, 1984 through September, 1985. Council Member Vobejda asked for information regarding the amount allocated for sidewalk repair as it was higher for this period compared to the last period. RESOLUTION NO. 20 SERIES OF 1984 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. COUNCIL MEMBER BILO MOVED TO PASS RESOLUTION NO. 20, SERIES OF 1984. Council Member Weist seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw. None. Mayor Otis. The Mayor Pro Tern declared the motion carried. * * * * * * * Mayor Pro Tern Bradshaw reminded everyone of the Detention Pond Dedication to be held at the press box at 4:00 p.m. May 22, 1984 • * * • * * • * Council Member Neal discussed the request from the City of Sheridan to close Kenyon and Quincy. COUNCIL MEMBER NEAL MOVED TO DIRECT STAFF TO INFORM THE CITY OF SHERIDAN THAT THE ENGLEWOOD CITY COUNCIL DISAGREES AND TAKES SOME EXCEP- TION TO THE CLOSING OF EITHER KENYON OR QUINCY; BUT THAT IF KENYON IS CLOSED THE ENGLEWOOD CITY COUNCIL WOULD REQUEST THAT IT BE CLOSED ON THE EAST OF THE RAILROAD TRACKS; AND ON QUINCY SINCE ENGLEWOOD APPARENTLY DOES SHARE OWNERSHIP IN THE INTERSECTION THAT STAFF INDICATE TO THEM THAT AS A 1985 APPROPRIATION THE ENGLEWOOD CITY COUNCIL WOULD BE WILLING TO DEVELOP A COST-SHARING FORMULA FOR SIGNALIZATION OF QUINCY; BUT THE I • • - • • • May 21, 1984 Page 8 • • • ENGLEWOOD CITY COUNCIL BELIEVES QUINCY IS IMPORTANT TO BOTH ENGLEWOOD AND SHERIDAN PARTICULARLY IN THAT THE STATE WILL BE PAYING FOR A MAJORITY OF THE SOLUTIONS TO THE PROBLEMS OVER THERE WHEN SANTA FE COMES THROUGH. Council Member Higday seconded the motion. Council Member Bilo objected to the closure of any streets on the basis it would only increase traffic in Englewood especially in re- sidential areas. Hr. Bilo stated as far as Kenyon was concerned, it seemed appropriate to wait until the Santa Fe corridors were constructed as the railroad tracks were going to be relocated and in effect close Kenyon. Further the closing of Kenyon whether it be on the east side or the west side would push all the traffic over to Oxford which in turn would increase traff i c in the residential areas around Jason Street. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw. None. Mayor Otis. The Mayor Pro Tern declared the motion carried • • • • • • • • There was no further business to be discussed. COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Pro Tern Bradshaw adjourned the meeting without a vote at 8:20 p.m. -,ru~ « ({Ju 't:-0\._/ puty C1ty Clerk I • • • ORDINANCE NO. 11 SERIES OF 198~ • • • BY AUTHORITY 4 A . COUNCIL BILL NO. 16 INTRODUCED BY COUNCIL MEMBER BRADSHAW 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 installing 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 roll 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 f i led with the City Council , it appears that the whole cost of said improvements is the amount of $448,069.36 of which amount the City of Englewood 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 in said installments. Such election shall be conclusively held and considered as a waiver of any right to question t he power or jurisdiction of the City to construct the improvements, the qua lity of the work, the regularity or sufficiency of the proceedi n gs, 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, crnnmencing 2 - • 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 in 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 1st 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 h e date of publ ica t ion of this ordinance by title following final passage and payable each year at the time of paying inst a llments of assessments. Sect i on 3. Penalty for Default or Non~Payment. Fai lure to pay any installment, whether of principal or interest, whe n due shall cause the whole of the unpaid principal to become du e a nd payable immediately, and the whole amount of the unpaid principa l and accrued interest shall thereafter draw interest at the rate of one per centum (1%) per month, or fraction of a month, unt i l the date of tax sale, as provided by law. At any time prior t o 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 o f 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 .:.ssessment installment payment date . Section 4. Payments may be made to the Director of Finan c e at any time with i n thirty days after the final publication of this ord inance, and an allowance of five per cent (5%) will be made on all payments ma d e d ur i ng such period, but not thereafter . The discount o f 5% shal l apply to all such payments, whether t he payment is th e e n t i r e amount of ass e ssment d ue, or a part of t he as ses sment . Imm e diatel y aft e r the e x piration of such thirty day period , the assessments s h all be certified to the County Treasurer of Arapahoe County, Colorado , for collection, as provided by law. Sect ion 5 . Assessment Lien. All assessments levied against the real property within the District, together with all interest thereon and penalties for default in payment thereof, and all costs in collecting the same, shall constitute , from 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 priority over all other liens except general Discount on Payment of Assessments. 3 - • I • - • • • • • • tax liens, and shall be enforced in accordance with the laws of the State of Colorado. If any tract of real property included within the District is hereafter divided or subdivided into two or more such tracts or parcels, the Director of Finance, with the assistance of the Director of Public Works, is hereby authorized and directed to divide 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 County, Colorado. Section 6. Payment of Special Assessment Bonds. The amount of assessments herein levied against the property specially benefited, in the total amount of $269,669.47, together with the proceeds of the bond issue and not needed for the construction of the improvements, if any, will be in an amount sufficient for the payment of the outstanding bonds previously issued for Paving District No. 29, dated August 1, 1983, in the principal amount of $349,100. sections Section 7. or parts Severability. That if any one or more of this ordinance shall be adjudged unenforceable or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance, it being the intention that the various provisions hereof are severable. Section 8. Emergency Provision. By reason of the fact that bonds of Paving District No. 29 are now outstanding and that interest thereon will shortly become due and payable, funds must 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. All ordinances, or parts thereof, in conflict herewith are hereby repealed. 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 passage at 4 - • I • - ( • • • • • 7:30 P.M. or at such later time on June 4, 1984, as Council is able to hear it in its normal course. Section 11. Publication and Effective Date. ordinance, after its final passage , shall be num b ered and recorded, and the adoption and publicatio n shall be authe nt i cat e d 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 This final passage and shall be published within seven days thereof. I ntroduced, read in full, and passed on first reading on t h e 2nd day of April, 1984. P u bl ished a s a Bill for an Ord i nance on the 4th day o f Ap r il , 1984. Read by title and passed on final reading on the 4th day of June, 1984. Published by title as Ord i nance No. ______ , Series of 1984, on the 6th day of June, 1984. Attest: Eugene L. Ot ~s, Ma y or ex officio city Clerk-Trea s u rer I , Gary R. Higbee , ex officio City Clerk-Treasurer of the City of Englewood, Colorado , hereby certify the above and foregoing is a true, accurate, and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1984. Gary R . H~gbee 5 • I • • • • • DfSCIIII'TION Of I'IIOPHTY ( NAME AND ADOifSS lot llod< suaDIV1$10N &11/JL./.119 ~-f::nrl ~ -r . _;J 7 1971 34 2 03 001 Wullschleger, John E. ' l. 2 11 Idl-ild Marjorie Lou, Jt Ten 1 2700 S. Cherokee St . $1,181.26 Englewood, co 80110 1971 34 2 03 002 Cotter, Theda C. 3, N 11 Idl-ild 2 2706 s. Cherokee St. ~ 4 $ 718 .45 Englewood, CO 80110 1971 34 2 03 003 Rittler, Gary w. ~ Cynthia, s~ 4, 3 Jt Ten all S. $1,461.78 2714 s. Cherokee St. "" 6 11 Idl-ild Enqlevood co 80110 1911 J4 I. OJ 004 Bodine, Gerald N. s 3/4 4 2724 s. Cherokee St. 6, all $1,095.32 Englewood, CO 80110 7 11 Idl-ild 1971 34 2 03 005 Jones, Ruth 8. 8-10 11 Idl-ild 5 2740 S . Cherokee St. $1,974.35 Englewood, CO 80110 1971 34 2 03 006 Harta&n, Michael R. ' Flora 11-12 11 Idl-ild 6 Joann, Jt Ten 2750 S. Cherokee St. $ 874.49 Englewood, co 80110 1971 34 2 03 007 Chase, Robert C. ' Martha M.tl,3, 14, 7 Jt Ten N~ 15 ll Idlewild 2756 s. Cherokee St. $1,637.36 Englewood, co 80110 1971 34 2 OJ 008 Lay, .Jerry Lee 16, s • 2760 S. Cherokee St. ~ 15 11 Idlewild $ 655.87 Enqlewood, CO 80110 1971 34 2 OJ 009 Wilgus, L. Janine 17-18 11 Idlewild ' 2764 s. Cherokee St. $1,636.62 Englewood, CO 80110 1971 J4 2 OJ 010 Vaccaro, Vincent • MaryS., 19-20 11 Idlewild 10 Jt Ten, ~ Int. ' P aul v., ~ (2780 S. Cherokee St.) $2,262.94 865 s. Quebec St. Denver co 802Jl 1971 J4 2 OJ 011 Haines, Charles Howard ' 21-22 11 Idlewild 11 Carol Sue, Jt Ten (2788 S . Cherokee St.) 441 0 S. Elati St. $1,491.08 Engl-ood, co 80110 1971 J4 2 OJ 012 2J-24 11 ldlewild Rochler, Elaie K. (2798 s . Cherokee St.) 12 J015 S. Logan St. $1,349.43 Englewood, CO 80110 1971 J4 2 04 012 I • • Weaver, Steven M. 25-26 12 Idlewild 13 27 95 s. Cherokee St. $ 874.49 Englewood, CO 80110 1971 34 2 0 4 OlJ Ptllder eon , Rodney E. ' Miriaa27-28 12 Idlewild 14 E., Jt Ten $1,187.70 2785 S. Cherokee St. Englewood, co 8 0110 ll • • - • • DESCIIIPTION Of Pll<lrfiTY NAMf AND ADDIIESS 1.<11 llloek SUIDIV1$10N 1971 34 2 04 014 Craig, Peggy M. 29-30 12 Idlewild 2779 s. Ch erokee St. $1,405.02 1 Englevood. co 80110 1971 34 2 04 015 Wilhams, Aon&ld v. ' 31-32 12 I dlewild 2 Patricia A., Jt Ten $1 ,316.23 2771 S. Cherokee St. Englewood, co 80110 1971 3 4 2 04 016 Hillard, VeluM. 33-34 12 Idlewilcl 3 2969 S. Aco.. St . (2759 s. Cherokee St .) $ 874.49 Englewood, CO 80110 1971 34 2 04 Ol7 Steck, KAthleen 35-36 12 Idlewilcl 4 2751 S. Cherokee St. $ 984.92 Englewood, co 80110 1971 34 2 04 018 Schroe r, Aonalcl L. ' P-la 37-38 12 Icllewild 5 R .. , Jt Ten 2745 S. Cherokee St. $ 984.92 Enqlewood, CO 80110 19 l 34 2 04 019 Sterrett, Bernard E. 39-40 12 Icllewild 6 27l5 s. Cherokee St. $ 973.41 Englevood, co 80110 1971 34 2 04 020 PeMy, John M .. U-42 12 Idlewilcl 7 2725 S. Cherokee St. $1 ,228.18 Englewood , co 80110 1971 34 2 0 4 021 Channel, Gary L. 43-44 12 Idlewild I 2717 S. Cherokee St. $1,308.06 Englewood, co 80110 1971 34 2 04 022 Talaage, Funklyn F. ' 4 5-46 12 Idlewild 9 . Eileen E ., .Jt Ten 2711 s. Cherokee St. $1 ,232.94 Englewood, CO 80110 1971 34 2 04 023 Outcalt, Tom R .. ' Violet E.,47-48 12 Idlewild 10 .Jt Ten (2701 S. Cherokee St.) 4285 s. Cherokee St. $1,120.03 • Englewood, co 80110 19 1 34 2 07 014 Rea, Eli Marcial ' Colleen 25, s 11 A., Jt Ten 21° of 2891 S. Cherokee St. 26 13 Idlewild $1,048.53 Enqlewood co 80110 1911 J4 2 07 015 Green, Athol A. ' Mercedes II 4° 12 T . ' Aobert L. ' Marie Y., of 26 , • Jt Ten all 27 o $ 625.44 2887 s. Cherokee St. s 7° Englewood, CO 80110 of 28 13 Idlewild I • • 13 1971 34 2 07 016 McCann, Wealey w. N 18° 14 2871 5 . Cherokee St. of 28, $1,001.25 Englevood, co 80110 all 29 13 Idlewild 11 -"" • • • • • DBCIIIPTIOH Of PIIOPflTY NAME AND ADOII!SS Lot -SUIOIVISION 1971 34 2 07 017 McCann, Wesley W. 30 13 Idlewild 2871 s. Cherokee St. $ 941.20 1 Englewood, co 80110 1971 34 2 07 018 Kelley, Harold D. & D. Helen, 31, 2 Jt Ten 32 13 Idlewild $1,685 .26 2869 S. Cherokee St. Enqlevood, CO 80110 1971 34 2 07 019 Brisson, Nonnan J. ' 33-34 13 Idlevild 3 Des Laurier•, Kathryn E. $1,008.06 2861 s. Cherokee St. Englewood, co 80110 1971 34 2 0 020 Chick , Paula K. 35-37 l3 Idlewild 4 2851 S. Cherokee St. $1,581.09 Englewood, CO 80110 1971 34 2 07 021 Liptl&n, RAndy P. & Lynn M., 38-39 13 Idlewild 5 -Jt Ten $ 902.18 2831 s. Cherokee St. En9lawood, co 80110 -1971 34 2 07 022 Taylor, Edna R. 40, Sit 6 .. 2829 s. Cherokee St. of 4l 13 Idlewild $ 761.93 .. Englewood, co 80110 1971 34 2 07 023 Murphy, Carol, Und 70\ Int. N ~ 4~ 7 & Griffith, Charles, und &1142 l3 Id1-ild $1,093.24. .. 30\ Int . (2827 s. Charok" St.) 2962 s. Parker Ct. .. Aurora, CO 80014 • .. .. 1971 34 2 07 024 .. S~er, Lealia w. ' Gladya 4 3-44 l3 Idlavild $1,345.34 9 .. N • 2819 S. Cherokee St . En9lawood, CO 80110 .. 1971 34 2 07 025 45-46 13 Idlewild Pata:>re, Darlene M. 10 -2 811 s. Cherokee St. $1,800.27 . En9levood, co 80110 1971 34 2 07 026 J(.oatenu.n, Faria L. 47-48 13 Idlewild $1,511.63 11 2801 s. Cherokee St. Englewood, CO 80110 1971 34 2 08 001 Johnson, St.anley Dean ' l-2 1 4 Idlewild $ 868.66 12 .. Elizabeth J., Jt Ten 2800 s. Cherokee St. Enq1awood, CO 80110 1971 34 2 08 002 Atkinson, R. L. 3-4 l4 Idlewild I • • 13 2806 S. Cherokee St. $1,090.68 Englewood, CO 80110 1971 34 2 08 003 Bacon, Prank ' Haakina, Robart 5, $1,056.10 14 ' Dorothy, ' Schott, Pat, N~ 6 14 lcl1awild Jt Tan 281 0 s . Cherokee St . fj -.j I Englewood, co 80110 ~~- • • • - • • NAME AND AOOIISS Lot -$UIOIVIIION -· 1971 34 2 08 004 Lesage, Eleanor L. S't of 5610 w. Rowland Ave . 6, all $651.50 1 Littleton, CO 80123 7 14 Idlewild . (2814 S. Cherokee St.) 1971 34 2 08 005 Ilg, Larry K. ' N. Nad1ne, 8, 2 Jt Ten N't of 9 14 Idl-ild $787.01 1337 California St . (2818 s. O.erokee St.) Denver, CO 80402 1971 34 2 08 006 Meyer, Ronald k . S't of 9, 3 2822 s. Cherokee St. all of $1,027.71 Englewood, CO 80110 10 14 Idl-ild 1971 34 2 08 007 L&asa, Edith k . 11-ll 14 Idlewild 4 284 4 S . Cherokee St. $868.66 Englewood, co 80110 1971 34 2 08 008 Arena, Steven A. 5 Marilyn 13 14 Id1-ild 5 J, J't Ten (2850 s . Cherokee St.) $49 1.8 5 5606 s. Crocker St. Littleton, CO 80120 1971 34 2 08 009 Shortridge, Jennifer A. 14-15 14 Idl-ild 6 2852 s. Cherokee St . $1,204.58 Englewood, co 80110 1971 34 2 08 010 Andler, Donald P. 5 K4thleenl6-17 14 Idlewild 7 K., Jt Ten $1,307 .28 2862 s. Cherokee St. Enqlewoocl co 80110 19 1 34 2 08 011 Day, Steven Edward 18-19 14 Idl-ild • 4110 s. Bannock St . (2872 s. Che rokee St .) $966.07 Englewood, co 80110 1971 34 2 08 012 Ferrell, Ivan k.. ' Glor ia A. ~0-21 14 Idlewild 9 Jt Ten, 't Int. ' et a1 (2882 s. Cherokee St.) $1,030.63 2270 s. E-raon St. Denver, co 80210 1971 34 2 08 013 Iverka, Allen I. 5 Patricia 22-24, 10 A., Jt Ten E •• E $1,004.50 2898 S. Cherokee St. 40' 14 Idlewild Enqlewood, CO 80110 1971 34 2 08 014 May, John 11 . ' Joan E., Jt E 40' 11 Ten 22-24 14 Idl-ild $357.40 255 11 . Bates Ave. Enq1ewood, co 80110 1971 34 2 14 012 Herberq, Mobert 11 • • Loia "· 25-26, 12 2987 S. Cherokee St. s 10' $1,045.89 Englewood, CO 80110 of 27 20 Speare Bdwy . Addn . 1971 34 2 14 013 Ma.xwell, Georgia F . N 15' 13 26 Fairway Lane of 27, $697.26 I • • Littleton, CO 80123 all 28 20 Speece 8dwy • Addn . (~985 s. O.ecokee St. l 1971 34 2 14 014 Blair, Ervin J-• 5 Edna 29-30 20 ~ra Bdwy. Mdn. 14 Belle, Jt Ten ( 2981 S. Cherokee St.) $871.57 293 s. Bannock St. Enqlewoocl, CO 80110 fl -1 - • • • • • DESQIPTION Of l'lio!ftTy ' NAME AND ADDitesl lol llodr. SUIDIVI$ION I 1971 34 2 14 015 Mortier, Richard Mason & Opal3l- R., .Jt Ten 32 20 Speers Bdwy. Addn. 1 2973 5. Cher okee St. $871.57 Englewood , CO 80110 1971 34 2 14 016 Freeland, Forrest N. ' 33- 2 Maur l.ce L., Jt Ten 34 20 Speero Bdvy. Addn. 2963 S. Cherokee St. $1,416.62 Engle-.ood, co 80110 1971 34 2 14 017 W.a.lz, Eldon G. ' Arlene, 35-36 20 Speera Bdvy . Addn . 3 Jt Ten $1,015.13 294 7 S. Cherokee St. Englewood co 80110 19/L H • H U!~ Marshall, Mae M. • Kerley, 37-38 20 Speera Bdvy. Addn. 4 Mildred H., Jt Ten 2929 S. Che rokee St . $1,396.25 Englewood, co 80110 19/l 34 2 14 019 Clem, Arthur L. 39-40 20 Speers Bdvy. Addn. $ 2927 S. Cherokee St . $1,202.87 Engle-.ood, co 80110 1971 34 2 14 020 Sitsler, William H. ' 41-42 20 Speers Bdvy. Addn. 6 Dorothy E., Jt Ten 2925 s. Cherokee St. $949.49 Englewood, co 80110 1971 34 2 14 021 . Blanton, Caleb ; life estate 43-44 20 Speera Bdvy. Addn • 7 to Fannie 1. Blanton , 2917 a. Cherokee St. $1 ,280 .24 Englewood, CO 80110 1971 34 2 14 022 . Hixon, Darrell W • ' Linda, 4 5-46 20 Speers Bdvy . Addn . • Jt Ten ( 2909 s. Cherokee St.) 4 799 S . Youngtield St. $1 ,499.94 MOrriaon, CO 80465 .~11 J 4 i !4 OiJ Miller, Karen K. 4 7-48 20 Speers Bdvy . Addn. 9 • 370 N. &.tea Ave . (2901 s. Cherokee St.) $1 ,069.85 . Englewood, co 80110 1971 34 2 15 001 Dodri 11, Marvin F. & Hope D.,l-2 19 Speers Bdvy . Addn. $970.92 10 .Jt Ten ( 2900 S. Cherokee St.) 2875 s. She......, St. Englewood, CO 80110 1971 34 2 15 002 Mllrholtz, Jamee R. 3-4 19 Speero Bdvy . Addn. $1,092 .44 11 2908 s. Cherokee St. Englewood, CO 80110 1971 34 2 1 5 00 3 Adlnr . of Veteran• • Affaire 5-6 19 Speero Bdvy. Addn. 12 Denver Federal Center (2 916 s. Cherokee St.) $1,087.38 Denver, co 80225 1971 34 2 15 004 Benn ion, Elaine 8 . 7-8 19 sp .. ra Bdvy. Addn. 13 2918 s . Cherokee St. $871.57 I • • Englewood, CO 80110 1971 34 2 15 005 Martin, J .... a s. ' Ro•eaarie 9-10 l9 Speers Bdvy. Addn . 14 G., J t Ten $1,052.31 2936 s. Cherokee St . Enql ewood, co 8 0 110 E -~ - • • I ~ ' I i ~ G i • - \ \. • NAME AHO - 1971 l 4 2 H 006 Doaagall. !tichael E. 2 40 s. erokee St. Englewood, CO 80110 1971 34 2 15 007 Lot - 11-12 19 Speeu Bdwy . Addn. DaJuk1, Juhan ' Harnett ' 13-14 19 Speeu Bdwy. Addn . 2 f'lacher. Br1.an ' Ma rte, Jt. Ten 3 29 48 S. CherokM St. Englewood, CO 8 0110 19 71 34 2 1 5 008 Piotraschke, Ernest E. 4 2956 s . Cherokee St. Englewood, CO 80110 1971 34 2 1 5 009 Dec ker, Joan Ruth 5 2759 s. Meade St . Denver, co 8 0 236 1971 34 2 15 010 . Highland, Larry J. ' 6 Elizabeth A .. , Jt Ten 2976 s. Cherokee St . . Englewood, CO 80110 . 1971 34 2 15 011 . Jonea, Char lea L. ' 7 Catherine A., Jt Ten . 2996 s. Chuokaa St . . Enqlewood, co 80110 . 1~71 34 2 l) 012 15-16 19 Speen Bdwy. Addn. 17-18 19 Speen Bdwy. Addn. (2972 S. Cherokee St .) 19-20 19 Speen Bdwy . Addn • 21-22 19 Speen Bdwy . Addn • • : Oye, David L . ' Merrilee E., 23-24 19 Speeu Bdwy. Addn . 9 10 11 12 13 Jt Ten 23 5 W. Cornall Ava . , Englewood, CO 80110 . 1971 34 2 20 0 01 . Ecton, Elaie M&e . 3000 S . Cherokee St . . Engle wood, co 8 0 110 1971 34 2 20 002 . Belin, Johnny J. ' D. J . Amanda, Jt Ten . P . o. Box 10152 De nver , CO 80210 . 1971 34 2 20 003 McDonald, Harriett 3030 s. Cherokee St . Engl ewood , CO 80110 1971 34 2 20 004 Jaworoaki, Euqna W. ' Suaan L., Jt Ten 3036 s. Cherokee St. Englewood, co 80110 1971 34 2 20 005 Su-.ra, ThoNe Lee 3040 s. Cherokee St. Englewood, co 80110 1971 34 2 20 006 Jtra•r, Frank C. ' Shobe, 14 J!Dy L. 3048 s. Cherokee St. Enqlawood, CO 80110 1-2 22 Speua Bdwy. Addn • 3-4 22 Speen Bdwy. Addn . (3010 S . Cher o k ee St.) S-6 22 Speeu Bdwy. Addn. 7-8 22 Speen Bdwy . Addn. 9 -10 22 Speen Bdwy . Addn . U-12 22 Spean Bdwy . Addn. • $1 ,215.78 $1 ,358.98 $1,260.33 $1,212.80 $ 871.57 $ 871.57 $1,092.44 $1,472.92 $ 988 .03 $1,079.41 $ 871.57 871.57 $ I • • $1,092.44 • • •' • DESCitiPTION Of PIIOPHTY NAME AND ADOIIESS lot -SUIOI VISION 1971 34 2 20 007 Kr amer, Frank c. & Sho be, 13, ~ Roy L. l /3 of 1 3048 S. Cherokee S t . 14 22 Speero Bdvy . Addn. $ 6 9 9.45 En g lewood, CO 80 110 (3052 S. Cherokee St .) 1971 3 4 2 20 008 Ad ams , Colleen G. s 2/3 2 3064 S . Cherokee S t. 14, N $ 581.05 Englewood, c o 8 0 110 2/3 15 22 Spee ra lldvy . Ad dn. 1971 34 2 20 009 Johnson, Lloyd A. , Donald L~ Sl/3 3 ' Nihl, D., .J t Ten 15 , all $1,11 8 .4 9 3126 s. Li ncoln St. 16 2 2 Speer• Bdvy • Addn . Enql-co 80110 (30 66 S. Cherokee St.) ! ~I! J4 " •u UJ.U Tolan, Antho ny W. 1 7-18 22 Speero Bdvy • Addn. .. 3068 s . Ch erok e e S t • $1,1 76.64 Englewood , CO 80110 1971 34 2 20 0 11 Shea, Robert A. ' Susan c .• 19-20 22 Speer• Bdvy . Addn. 5 Jt Ten (3080 S. Chlrokee St.) $1 '511.0 2 20 26 s . Quitman St . Denver , CO 80219 1971 34 2 20 012 Rosenb ach , Wayne L. ' 21-22 22 Speera Bdvy . Addn. 6 Barbar a J ., Jt Ten ()0 90 S • Cherokee s t • l $1,195.86 6760 s . Clarkso n St . Littleton, co 80122 1971 34 2 20 013 Kee ney, Joel E. , Sr. ' Opal 23-2 4 2 2 Speers Bdvy. Addn . 7 E., Jt Ten $1 ,213 .92 3098 S . Cher okee St . En9 lewood, co 80110 1971 34 2 21 012 Hathaway, Doyne R. , Jr . ' 25-26 2 1 Speera Bdvy. Addn. • Nerita L., Jt Ten 3095 s . Cherokee St. $ 871 ,57 Englewood, CO 80110 19 l J 4 " "! U!J EddleiU.n , Sarah E . 2 7-28 2l Speer• Bdvy . Addn. 9 3085 S . Cherokee St . $ 871.57 Englewood, CO 80110 1971 34 2 21 0 14 Ri111pley , Gregory A. ' Rose E.,29 -30 21 Speero Bdway. Ad d n. 10 J t Ten $ 871.57 3075 s. Cherokee St. Englewood, CO 80110 1971 34 2 21 01) Nickolaus, Joseph L. & RUby ll-32 21 Speera Bdvy . Addn. 11 E ., Jt Ten $ 871 .57 3065 S. Cherokee St. Englewood co 80110 1971 34 2 21 016 Wells, Carl 33-34 21 Speera Bdvy. Addn. 12 3059 s. Cherokee St. $1,329.17 Englewood , CO 80110 1971 34 2 21 017 Davia, Gerald W. ' Beatrice, 35-36 21 Speera Bdwy. Addn. 13 Jt Ten $871.57 3055 s. Cherokee St. I . • En9lewood, CO 80110 !91! J 4 " "1 U!6 Tewksbury, Susette Marie 37-38 2l Speera lldvy. Addn . 14 3039 S. Cherokee St . $071.57 Engl-. CO 80110 A~1 • • - • •' • DUaiii'TION <Y P'IIOrUIY NAME AND AODIIBS ""' ·-SUIDIVISION .. "" 1971 34 2 21 019 Church, Harvey R. 39, s -3035 s. Cherokee St. i 40 2 1 . Speers Bdvy . Addn . .. $ 915.28 I Englewood, co BOllO .. 1971 34 2 21 020 McCa.nn, Paul C. ~ Florence N i 40, $ 653.68 2 MeriAIIl, Jt Ten all 41 21 sp .. n Bdvy. Addn. - 3033 s. Cherokee St. Englewood, CO BOllO .,.,. H • •• U'-1 Jtelley, ~<t F. 42-44 2l . Speare Bdvy. Addn. 3 5860 s. *>od sorxel a.. (3029 s. Chexok .. St.) Littleton, CO 80123 $1' 307.36 1971 34 2 21 022 Jtelley, Robe<t F. ' Shirley 45-46 2l Speere Bdvy. Addn . ~ L., Jt Ten (3015 s . Cherokee St.) 5860 s. *>od sorrel D<. -$1,168.14 Littleton co 80123 1971 34 2 21 023 Thoapoon, Archie o. ' Mildred ... 5 M., Jt Ten 47-48 21 .Spun lldwy • Addn. 3007 S : Cherokee St. -$ 871.57 Englewood, CO 80110 1971 34 3 00 044 . Tr. ox una ue11c . 11 rouowo:. Tafoya, David Daniel ' Mary, Beq. at a Pt. on S. line of v 6 Jt Ten IDretto Ave .,l66.3' 1 . of W. 3101 s. Cherokee St . line of NE~, SW'a sec. 34-4-68J $1,748.98 . Englewood, CO 80110 Til. E. 125' to pxopooed W. line of Cherokee St .l Tb . S, Alg. Sd. pxapooed w. line of Chexo~ 7 kee St. 100'' Tb ••• 125' to Pt.J Th. N 100 ' to Pt. of Beg • Cont . • 287 A M/L Ufl S4 S 00 O:>b Mg, at. 5Z COL lOt 14, Cinde..U Aloochteo llbbotto Sub. 2nd P'lg., Th. s. 1 • 701 w. H_,c!en Ave . 130.38 ', Th. If . 237.9' to a -Englewood, co 80154 Pt. 1 Th. NW 41.10 ' 1 Th. N. -$2,192.80 100 .04' to sw Cox Lot 13, -Abbottl Sub. 2nd Flg.' Th. E .. to Beq., Ex. Rd. in 8 1807, 9 P. 707 34-4-68. - 1971 34 3 03 001 -Nelaon, El .. r J . 1-2 3 Heea Addn . $ 932.21 10 3100 s. Cherokee St. - Enqlewood, CO 80ll0 1971 34 3 03 002 - Wolf, Kathryn Pearl ' Julia 3-4 3 Keea Addn . . $1,225.53 II Grace, Jt Ten - 3108 s. Cherokee St. Englevood co 80110 1971 34 3 OJ 003 Forbes, Gordon D. ~ Alice, Jt 5-6 3 Heea Addn. .. • 12 Ten (Jll8 S, Cherokee St .l - 3295 "· Chenanqo Ave. $1,095.36 Englewood, co 80ll0 1971 34 3 03 004 Roaa, Lloyd L. ~ Cecile M.' 7-8 3 Heu Mdn. _, 13 Jt Ten 3126 s . Cherokee St. $1,194.79 • I • Englewood, co 80ll0 11~11 J4 S OJ 00) Anderaon, .Jeffrey c. ' 9-10 J He .. Addn. . I. .J•cqueline C., .Jt Ten -3134 s. Cherokee St. $ 874.49 Englewood, CO 80110 A -V • • • - • • NAME AND AODUS$ lot lllodt SUIOIVISION 1971 34 3 03 006 Brown, v. Max " Barbara R.' 11-1~ 3 Heee Addn. Jt Ten $ 984.92 1 3142 S. Che rokee St. Englewood, CO 80110 1971 34 3 03 007 Kopper, Patrick J. 13-14 3 Heea Addn. 2 3150 s. Cherokee St. $ 874.49 Englewood, co 80110 1971 34 3 03 008 Tuytschaevara, Terrence L. ,15-16 3 Heeo lldcln • 3 Judy I., Jt Ten $ 874.49 3160 s. Cherokee St. Ena 1ewood co 80110 1971 34 3 03 OO'J Prante , Zane A. ' Janelle H.l7-18 3 .Heaa llddn. 4 ' Juanita E., Jt Ten $ 874.49 3168 s. Cheral<ee St. Enalewood , CO 80110 1971 34 3 03 010 Century 21 Moffitt • Co. • 19-20 3 -· Addn. 5 Jteith E. ' Bonnie s. ( 3174 s • Cherokee St.) $ 874 .49 Moffitt 4 w. Dry Cr .. k Cir. Littleton, co 80120 6 ,-1971 34 J OJ 011 Petterson, Brent 21-22 J Heee Addn . 7 3182 S . Cherokee St. $ 874.49 En glewood, CO 80110 1971 J 4 l OJ 012 Lin enberqer, Anthony P. ' 23-24 l Heee Addn. • MOrine A., Jt Tan $ 074.49 3198 s. Cherokee St. Englewood, CO 80110 197 1 34 l 04 010 Harvey, Clarence w. ' Ellen 12 Henry Addn . to Englewood 9 C., Jt Ten $1,196.28 3197 s . Cherok-St. Enalewood co 80110 1971 34 J 04 Oll DW\b&r, Marian L. ' Lobel, 11 Henry lldcln. 10 Lawrence H. (3191 S . Cherokee St.) $1 ,076.9 5 1336 s. Zephyr Ct. • Lakewood, co 80226 1971 34 l 04 012 'II 0\11\bar, Marian L . ' Lobel, 1 0 Henry llddn . Lawrenc e H. $ 874.49 3175 S. Cherokee St. Englewood, CO 80110 1971 J 4 J 04 OlJ 9 Henry Addn. knder, Elaie F. • 12 3171 s. Cherokee St. $1,515 .68 Englewood, CO 80110 1971 J 4 J 0 4 014 De Vi vier, J. r. 8 Henry Addn . $1,222.22 13 3165 s. Cherokee St • Englewood, co 80110 •• I • 1971 34 J 04 015 Archuleta, Julian M. • u-u• 7 Henry llddn. 14 H. $1,095.36 3155 8. Cherokee St. Englewood, CO 80110 I IJ -9 ~ • • • - • • DUCRIPTIOH Of I'IIOf'HlY I ~ NAME AND ADOIESS lot Block SUIOIVISIOH 1971 34 3 04 0 1 6 Bowyer, John A. ' Myr tle M . • 6 Henry Addn . Jt Ten 1 314 5 S. Cherokee St. $1 ,064.0 7 Englewood, CO 8 0 110 1971 34 3 04 017 Hathaway, Neri ta L . 5 Henry Addn. $ 8 7 4 .49 2 314 3 s. Cherokee St. Englewood , co 80 110 1971 34 3 04 018 Sandoval, Manuel J. ' 4 Henry Addn. 3 Margarita C., Jt Ten $ 874.49 3125 s . Cherok .. St . Englewood, CO 80110 1971 34 3 04 019 Christopher, Gary Wayne 3 Henry Addn • .. 3109 S. CherokH St . $ 995.97 Engle wood, CO 80110 1971 34 3 12 013 Swayze, Mur i el 14-16 l Park .Addn. 5 28352 Shedaw Mountain Dr . (3291 s . Cherokee St.) $1 ,481.76 conifer, co 80433 1971 34 3 12 014 Brown, Cora E. 1 7-1 8 l Park Addn . 6 3281 s . Cherokee St . $1 ,411.6 7 Englewood, co 8 0 110 ~,j 1971 34 3 12 0 15 Mai, Thi .. The ' Tran, Lan 19-20 l Park Addn . 7 Thi, Jt Ten $ 8 77 .41 3277 s. Cherokee St . Englewood , co 80110 1971 34 3 12 0 16 Sc herre r , Leo L . & Donna D., 21-23 l Park Addn . • Jt Ten $1 ' 4 81.76 3265 s. Cherokee St. En9lewood, co 80110 ~9 ~~ J4 J H o~. 24-26 l Park Addn . JA i fer, John s. ' An qe la , Jt 9 Ten $1 ,316.11 3255 s. Cherokee St. Englewood, CO 80110 1911 34 3 12 018 Meinecke, Lois B. 13-15. 10 19 00 w. Kentucky Ave. Ex w $1,461.70 Denver, co 80223 8' 1 S . G. H-lino Bdvy . Addn. (3233 s. CherokM St.) 1971 34 3 12 019 Trunck, Stephen Patrick 16-18, 11 3227 s . Cherokee St. Ex w Englewood, co 80110 8' l s. G. H&lllina Bdvy. Addn. $1,316.11 (3227 s. Cherokee St.) 1911 34 3 12 020 Ao•enbaua, Orin E. ' Vela& 19-20, 12 J., Jt Ten Ex W. 10756 E. Powe r • Or. 8' for (3213 S. Cherokee St. l $1,219.39 En9lewood, co 80110 alloy 1 s. G. H~ina lldvy , Addn. 1971 J4 3 12 021 Wright, Ronald E. ' 21-22, l s. G. H~ina Bdvy. Addn. 13 Catharine R., Jt Ten Ex. rear 3211 s . Cherokee St. 8' for $1,239.09 , I • • En9lewood, co 80110 alley 1911 J4 J ll 012 Brown, Willi-J . ' 23-24, l S. G. H~ina lldvy . Addn . ... Catherine L •• Jt Ton Ex. rur 3201 S. Cherokee St. 8' tor s 989.68 £ng1ewood, CO 80110 alley IJ -t<..' ---- • • • - • • DESOIIPTION Of' I'IIOI'HTY NAME AND ADDIIE$$ lot llod< SUIOIVISION r' 1971 34 3 13 001 .Jamieson , Lena II. & Jarvis, 1-2 2 S. G. Haalina Bdwy . Addn . Nedine K., Jt Ten 1 3202 S. Cherokee St . $ B77.41 Englewood, CO 80110 -~~lg~4s~o£? R£tn & Melia Denise, .J t Ten 3-4 2 S. G. Haalina Bdwy . Addn. 2 3204 s. Cherokee St. $ B77.41 Englewood, CO 80110 1971 34 3 13 003 Ca~bell, Rebecca .J. ' S-6 2 s . G . H&alina Bdwy . Addn. .. 3 t.debue, Robin G .. Jt Ten $1,09B .20 3220 s . Cherokee St. -Enqlewood, co 80110 1'171 J4 J lJ 004 Nicholu, Jack R. 'Mary L. • 7-8 2 s . G. Haalina Bdwy . Addn. -.. Jt Ten $1,015.69 3228 s . Cherokee St. -Enq1ewood, co 80110 1971 34 3 lJ OOi 9-10 2 s. G. H&alins Bdwy. Addn. Marthaler, Michael ' Lo Anne, 5 Jt Ten $1,23B.40 32)2 •• Cbarok .. &t. Englewood, co 80110 . 1971 34 3 1) 006 .. Mattox, Gordon E. 11-12 2 S. G. H&alina Bdwy. Addn . -6 3240 s. Cherokee St. $ B77. 41 .llnql.-od, co 8011 0 .. 1971 34 3 13 007 ~ . Mattox, Gordon E. III 1, N Abbot to Sub. 2nr! f'lg. 7 P.o. -10 23 1 of $ 965.15 Littleton, CO 80160 2 ()252 S. CherokM St .) 1971 34 3 ll 008 Benderaon, Cbriatina 0 . s 2' AbbotUSub. 2nr! P'lq. I . 3256 5. Chei'Ok .. St . of 2, $ 912.50 . Engl-. co 80110 all 3-4 1971 34 3 1) 009 ' . Gray, Willi-0. ' l,ue11a L. ,S-6 Abbo-Sub . 2nd Flq. -$ B77.41 9 Jt Ten 3260 s. Cherokee St . .Engl.-od, co 80110 1971 34 3 1) 010 McFarland, llobert o. ' 7-8 Abbotto Sub. 2nr! Plq. 10 Jacqualine, J •• Jt Ten (3270 S. Cherokee St. l $ B77.41 7000 s . PenroH Ct. . • Littleton co 80122 19 1 34 3 1) 011 Anutrong, Earl G. 9-10 Abbotto Sub. 2nr! Plq. 11 3280 S. Cherokee St. $ B77.41 l!:nqlewood, CO 80110 1971 34 3 1) 012 Svayae , Muriel 11-ll Abbott• Sub . 2nd F1q. $1 ,4 59.53 12 28352 Shaclow Mountain Dr . (3290 s. Cherokee St. l • Confier, CO 804 33 2077 08 4 00 020 Beg. at Nil Cor . of Nil .. of SE\ Bloat>erg, Ingvar M. 'Loh of Sec:. 8; Th . s 291.6'. Th. 1!:-$5 ,BBl. 22 13 M. 198' I Th . N 291.7'; Th . II 194' 2706 w. Union Ave. to Beg., Ear. Rt/Waya ' Ex I • • Englewood, co 80110 Rd•. 8-5-68. ( 2700 W. Union Aft 2077 DB 4 00 021 .... 194' E of NW Cor. ot Nil\ Parr,~ M. ot S!\ ot sec . 8 ; Th. s 291 .7 '; 1. 2690 w. Union ...... Th. E 206'; Th. N 291.8'; Th •• $6,371.23 l!:ngl.-od, co 80110 w 210' to leg., Ex. Rdo. 8-5-68 A-fl . • NAME AND ADOIESS 2077 08 4 00 022 Parr, Emma M. 2690 W. Union Ave . En9lewood, CO 80110 2077 08 4 0 0 033 Bussard, Delbert H. ' 2 Margaret Ann, Jt Ten 7090 S. Windsor St. Littleton, co 80123 2077 08 4 00 034 Clinger, Rosa W. 2560 w. Union Ave. Englewood, CO 80110 2077 08 4 00 042 Colorado Disposal, Inc. 4 P. 0 . Box 1238 Englewood, CO 80150 5 2077 09 1 24 001 H 5 B Enterprises 6 4501 s. Navajo St. • • • DfSCIIPTION Of I'IIOPRTY Lot Block SUIOIVISION Beg:. at a Pt. 291.6' s of NW Cor of NE~ of SE~ Sec. 8-5-68:. Th . E 404'; Th. S 320'; Ttl. M 404' 1 Th . N 320° to Beq . 8-5-6,8. Be9· 616° E of NW Cor . of NE~ pf SE~; Th . S 42 7° M/L; Th. W. 217.3°1 Th. N1y . 427° M/1 ; Th. E 2 12° to Beg., Ex. Rdo. 8-5-6~. ( 2680 W. Union Ave. Beg. 465.2' w of liE Cor of NE._ pf SE .. ; Th. S 627'; Th. W 238 '.; Th. N 627'; Th . E to Beq . Ex. Rdo. 8-5-68 . ( 2600 W. Union Aw . ) Beg. NE Cor of NE~ SE~ of sec •• 8-5-68; Th. s to SE Cor. of NE~ SE .. Sd Sec ; Th. W 341.70 °; Th. N 1322.2'; Th . E to Beg. o Ea. any Por. within channel iaprov ... nt area Sec . 8-5-68 ~ Ex . N 35'. (2400 w. Union Ave.) 1 Nava j o Street Ind. Perk $ 297.51 $6,585.62 $7,393.29 $11,609 .26 $5 ,810.13 Enqlewood, CO 8 0110 ~~--~--------------------------------1-------------~ 2077 09 1 24 002 1 Nava j o Street Ind . Park ( • H • 8 Enterpriaea 7 4501 S. llavajo St. Enq1ewood, CO 80110 2077 09 1 24 003 aarcewaki, Anton • Myrtle , I .Jt Ten 5124 II. Fair AYe . Littleton, co 80123 20 09 1 24 004 Heabler Metal Prodt.&Cta, Inc. 9 148 Vallejo St. Denver, co 802 23 2017 09 1 24 005 Heabler Metal P roducta, Inc:. 10 148 Vallejo St. Denver, co 80223 2077 09 1 25 001 Clark , Kenneth J. 11 4521 s. Decatur St. 12 Englewood, CO 80110 2077 09 1 25 002 Stanford Ave. Mile-Hi Saw ' Tool Service 13 2980 s. M&dioon St. Denver, CO 80210 2077 09 1 25 004 Mile-Hi Saw ' Tool Service 14 2980 S. M&dhon St. Denver, CO 80210 $5 ,64 5.10 1 Navajo Str .. t Ind . Park $7,965.86 1 Nava jo Street Ind . Park $5 ,658 .65 5 l Nava jo Str .. t Ind. P&rk $5,978.21 1 2 Navajo Street Ind. Park $7,355.89 2 Navajo Street Ind. Park $1,847.23 2 NAV&JO SUft.et lnd. Park $6,970.07 4 2 N&V&JO Stre•t. Ind. Park $6,970.07 ,4 -tJ..... I • NAME AND~ 2077 09 1 25 005 Navajo Partnership 3575 E. LOng Rd. Littleton, CO 80121 2077 09 2 00 090 colorado oiaposal, Inc . 2 P. o. Box 1238 Eng1ewoo4. CO 80150 2077 09 3 00 066 Colorado Dispoaal, Inc. 3 P. O. Bolt 1238 Eng1awoo4, CO 80150 • • • Lot llod< $UIOIVISION 2 Navajo Street Ind . Park (1451 11. Tufts Jive.) That part of stl\ llll'o "!lhicb u .. s of eo. Rd. 11o . 1 5 II of cb....,.l iiiiiPro-t ar•• sac. 9-5-68. That part of ...., stl\ sac. 9-5-68 lying II of II Una of cb&DMl lJIIlnlt. area. • $7,951.60 $1,357.24 $7,509.43 • • ORD I NANC E NO . Jtl SERIES OF 1 98~ • • • BY AUT HORIT Y 4 A . COUN C IL BI LL NO . 16 INTROD UC ED BY COUNC I L MEMBER BRADSHAW AN ORDI NANCE AP PR OV I NG THE WHOLE COST OF THE IMPROVE ME NTS MA DE WI TH I N PAVING DISTRICT NO. 29, IN THE CITY OF EN GLEW OOD, CO LORADO; APP ROV ING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRA CT OF LAND IN SAID DISTRICT; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND; PRESCRIBING THE MANNER FOR THE COLLECTIO N 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 pur pose of constructing and installing street paving , curb, gutter and s i dewalk improvements, together with necessary inc identals, on certai n streets within the City; and WHEREAS, the improvements authorized by said Ordinance have been complet ed and accepted by the City and the whol e cost of such improvement s has been determined; and WH EREAS, an assessment roll has be e n prepared and a statement showi ng t he total cost of the improvements has been d u l y filed with the Ci ty Council; and WH EREAS, from the statement made and fi led with t he City Counc il, it appears that the whole c ost of sa i d i mprovement s i s t he amou nt o f $448 ,069.3 6 o f wh ich amo un t t h e City o f Englewo od will pay $178 ,399 .8 9 , leaving $26 9,66 9 .47 to be asses sed 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 statemen t 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 ~nd in the proportions and amounts severally set forth in Exhibit A attached to this Ordinance; - 1 • I • • - • • • • • BE IT ORDAI NED BY THE CITY COUNCI L OF THE CITY OF EN GLE WOOD , COLORAD O: Section 1. Confirmation of Assessment Roll. That the whole cos t 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 Di strict 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 regular i ty or suffic i ency of the proceedings, or the val idity o r the cor r e ctness o f t he a s sessment s, or t he val idity of t he l ien thereof . In the event of such election to pay in installments , the assessments shall be payable at th e office of the County Treasurer of Arapahoe County , Colorado in ten ( 10) equal annual installme nts of principal, the first of which i n st a llments of principal shall be due a nd p a ya ble on or b efore t h e 1 s t day of January, 19 85 , and the remainder of said i n stallments shall be due and payable successiv ely on or before the 1 st 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 , canmencing 2 - • I • • • • • on the 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 whole amount of the unpaid principal and accrued interest shall thereafter draw interest at the rate of one per 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. Section 4. Disco unt on Pa yment of Ass e s sm ents. Payments may be made to the Director of Finance at any time within thirty days after the final publicat i on of this ordinance, and an al lowance of five per cent (5%) will be made on all payments ma d e during such per i od, but not thereafter. The d iscount of 5% shal l app ly to a l l such payments , whethe r t he payment is the ent i re amount of as sessment d ue, or a part of the as s essment . Immediately after the e x pir ation of such thirty day period, the assessments shall be c e rtified to the County Treasurer of Arapahoe County, Colorado, for collection, as provided by law . Section 5 . Assessment Lien. All assessments levied against the real property within the District, together with all interest thereon and penalties for default in payment thereof, and all costs in collecting the same , shall constitute, from the date of the final publication of this ordinance, a perpetual lien in the several amounts assessed against each lot or tract of land. f Such lien shall have priority over all other liens except general 3 - • • I • • - ( • • • • • tax liens , and shall be enforced in accordance with the laws of the State of Colorado. If any tract of real property included within the District is hereafter divided or subdivided into two or more such tracts or parcels, the Director of Finance, with the assistance of the Director of Public Works, is hereby authorized and directed to divide 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 County, Colorado. Section 6. Payment of Special Assessment Bonds. The amount of assessments herein levied against the property specially benefited, in the total amount of $269,669.47, together with the proceeds of the bond issue and not needed for the construction of the improvements, if any, will be in an amount sufficient for the payment of the outstanding bonds previously issued for Paving District No. 29, dated August 1, 1983, in the principal amount of $349,100. Sect ion 7. or parts Severability. That of this ordinance if any one or more shall be adjudged sections unenforceable or invalid, such judgment shall not affect , impair or invalidate the remaining provisions of this Ordinance, it being the intention that the various provisions hereof are severable. Section 8. Emergency Provision. By reason of the fact that bonds of Paving District No. 29 are now outstanding and that interest thereon will shortly become due and payable, funds must 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. All ordinances, or parts thereof, in conflict herewith are hereby repealed. 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 passage at 4 - • I • • -• • • 7:30 P.M. or at such later time on 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 readin g on the 2nd day of April, 1984. Published as a Bill for an Ordinance on the 4th day of April , 1984. Read by title and passed on final reading on the 4th day of June, 1984. ( Published by t i tle as Ordinance No.~, Series o f 1984, I • on the 6th day of June , 1984. Attest: Eugene L. Ot1s, Mayor ex off1cio C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify the above and foregoing is a true, accurate, and complete copy of the Ordinanc~~ssed on final reading and published by title as Ordinance No.~, Series of 1984. Gary R. Higbee 5 • I • • • - • • DUCIIII'TION Of PltOI'HTY NAME AND A-lot -SIJaOIVISION &!tJ;LLt/9 ~-.-1: c • _;)I 1971 34 2 03 001 Wullschleger, John E . & l. 2 11 Idlewild MarJorie Lou, Jt Ten 1 2700 S. Cherokee St. $1' 181.26 Englewood, co 80110 1971 34 2 03 002 Cotter, Theda C. 3, N 11 Idlewild 2 2706 S. Cherokee St. ~ 4 $ 718.45 Englevood, CO 80110 1971 34 2 03 003 Rittler, Gary w. ' Cynthia, s~ 4, 3 Jt Ten all S. $1,461. 78 271 4 S. Cherokee St. Nlo 6 11 Idlewild EMlewood co 80110 19/l J4 ' UJ 004 Bodine, Gerald N. s 3/4 4 2724 S. Cherokee St. 6, all $1,095.32 Englewood, CO 8011 0 7 11 Idl-ild 1971 34 2 03 005 Jones, Ruth 8 .. 8-10 11 Idlewild 5 274 0 S. Cherokee St. $1,974.35 Englewood, CO 80110 1971 34 2 03 006 Hart:man, Michael R. & Flora 11-12 ll Idl-ild 6 Joarm, J t Ten 2750 S. Cherokee St. $ 874.49 ( Enqlewood, CO 80110 1971 34 2 03 007 Chaae, Robert C. ' Martha M.,j.], 14, 7 Jt Ten N~ 15 11 Idlewild 2756 s. Cherokee St. $1 ,637 .36 Englewood, CO 80110 1971 34 2 03 008 lAY, Jerry Lee 16, s • 2760 S. Cherokee St. ~ 15 11 Idlewild $ 655 .87 l!!nglewood, CO 80110 1971 3 4 2 03 009 Wilgus , L . Janine 17-18 11 Idlewild 9 . 2764 S. Cherokee St . $1,636 .62 Englewood, CO 80110 1971 34 2 03 010 Vaccaro, Vincent ' Mary S., 19-20 11 I<Sl-ild 10 . Jt Ten, ~Int. 'Paul v ., ~ (2780 s. Cherokee St.) $2,262.94 865 S. Quebec St . Denver co 80231 1971 34 2 OJ 011 Haines, Char les Howard ' 21-22 11 Idlewild 11 Carol Sue, Jt Ten ( 2 788 S. Cherokee St .) 4410 S. Elati St. $1,491.08 Enqlewood, CO 80110 1971 34 2 03 012 23-24 11 ldlewild • Rochler, Ela1.e K. • (2798 S. Cherokee St.) 12 3015 s. Logan St. $1,349.43 Englewood, CO 80110 1971 34 2 04 012 Weaver, Steven M. 25-26 12 ldlewild 13 2795 s. Cherokee St. $ 874.49 Englewood, CO 80110 • I • 1971 34 2 04 013 Andere on, Rodney I . & Mlriam27-28 12 Idlewild 14 £., Jt Ten $1,187.70 2785 S. Cherokee St. Englewood, co 80110 /.1 • • • • • DESCIII,TIOH 0# PIOf'EITY NAMEANDAOOHSS Lot -$UIOIV1$10N 1971 34 2 0 4 0 14 Craig, Peggy M. 29 -30 12 Idlewild 2779 s. Cherokee St. $1,405.02 1 Englewood, co 80110 1971 3 4 2 04 015 Williams , Ronald v. & 31-32 12 Idlewild 2 Patricia A., Jt Ten $1,316.23 2771 S . Cherokee St. Englewood, co 80110 19 l 34 2 04 016 Hillard, Vel .. M. 33-34 12 Idlewild 3 2969 S. Acoma St. (2759 S. Cherokee St.) $ 874.49 Englewood, CO 80110 1971 34 2 04 Ol 7 Steck., Kathleen 35-36 12 Idlewild 4 2751 S. Cherokee St. $ 984.92 Englewood, co 80110 1971 34 2 04 018 Schroer, Ronald L. ' Pamela 37-38 12 Idlewild 5 R., Jt Ten 2745 S. Cherokee St. $ 984.92 Englewood, co 80110 1971 34 2 04 019 Sterrett, Barnard E. 39-40 12 Idlewild 6 27 3 5 S. Cherokee St. $ 973.41 Englewood, co 8 0110 1971 34 2 04 020 PeMy, John M . 41-42 12 Idl-ild 7 2725 s. Cherokee St. $1' 228.18 Englewood, co 80110 1971 34 2 04 021 Channel, Gary L • 43-44 12 Idlewild • 2717 S. Cherokee St. $1,308.06 Engl-. CO 80110 1971 34 2 0 4 022 Tal .. ge, 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 04 023 OUtcalt, To• R. ' Violet E., 47-48 12 Idlewild 10 Jt Tan (270 1 S. Cherokee St.) 4285 s. Cherokee St. $1,120,03 Englewood, co 80110 19 l 34 2 07 014 Rea, £11 Marcial ' Colleen 25, s 11 A., Jt Ten 21' of 2891 s. Cherokee St. 26 l3 Idlewild $1,048.53 Englewood co 80110 l./l J4 2 07 015 Green, Athol A. ' Merced•• II 4' 12 T. '~rt L. ' Marie Y.' of 26, ' Jt Ten all 27, $ 625.44 2887 s. Cherokee St. s 7' Englewood, CO 80110 ot 28 13 Idlewild 13 I . 1971 34 2 07 016 McCann, Waaley If, " 18' $1,001.25 14 2 871 s. Cherokee St. ot 28, Englewood, co 80110 all 29 ll Idlewild H -~ • • ( 4 5 6 ( 7 • • 10 11 12 ' 13 14 • NAME AND AOOIIESS McCann, Wesley W. 2871 S . Cherokee St. Englewood, CO 80110 1 971 34 2 07 018 DESCIIIPTION Of PIOP£RTY Lot - 30 13 Idlewild Kelley, Harold D. & D. Uelen, 31, Jt Ten 32 13 Idlewild 2869 5 . Cherokee St. co 80110 33-34 13 Idlewild E . Chick, Paula K. 35-37 13 lcSlewilcS 2851 5. Cheroltee St. Englewood, CO 80110 1971 34 2 07 021 Lipman, RAndy P. 5 Lynn M., 38-39 13 Idlewild Jt Ten 2831 S. Cherokee St . Taylor, Edna ll. 40, Sit 2829 S . Cherokee St . of 4l 13 Idlewild Englewood, co 80110 1971 34 2 07 023 Murphy, Caro l , Und 70' Int. N .. 41, 5 Griff ith, Ch arlea, Und &1142 13 Idl..,ild • • • SUIOIVISION 30' Int . (2827 s. Cherok .. St .) 2962 s. Perlter Ct. A.uror a, CO 80014 1971 ]4 2 07 024 s-.r, Lealie II . 5 Gladya43-44 13 Idlewild .. 2819 s. Patalre, Darlene M. 2811 s. Cherokee St. Englewood, co 80110 1971 34 2 07 026 X.oateraan, Faria L . 4 7-48 13 Idlewild 2801 S. Cherokee St. Englewood, CO 8011 0 1971 34 2 08 001 Johnaon, Stanley Dean ' 1-2 14 Idlewild Elizabeth J,, Jt Ten 2800 s. Cherokee St . co 801 Atk inson , R. L . l-4 14 IcSlewild 2806 5. Cheroltee St . Englewood, CO 80110 1971 34 2 08 003 Bacon, Prank " Haakina, llobert 5, ' Dorothy, ' Schott, Pat, M .. 6 14 IcUewilcS Jt Ten 2810 S . Cherokee St. A -,:i' Englewood, CO 80110 $ 941.20 $1,685.26 $1,008.06 $1,581.09 $ 902 .18 $ 761.93 $1 ,093 . 24. $1,34 5.34 $1,800.27 $1,511.63 s 868.66 I • • $1,090.68 $1,056.10 • • • DESCIIII'TION Of ~TY HAM£ AND ADDIIISS Lot -SUIDIYISION 1971 34 2 08 004 Lesage, Eleanor L. s~ ot 5610 w. Rowland Ave . 6 , all $651.5 0 Li ttleton, CO 80123 7 l4 Idlewild . ( 2814 S . Cherokee St.) 1971 34 2 08 005 Ilg, Larry K. " N. Nadine, 8, Jt Ten N~of 9 14 Idl..,ild $787 .0 1 1337 California St. (2818 s. Cherok-St .) Denver, CO 80402 1971 34 2 08 006 Meyer, llonald It. ~ot9, 3 2822 S . Cherokee St. all of $1,027. 71 Englewood, CO 80110 10 14 Idl..,ild 1971 34 2 08 007 Lusa, Edith lt . ll-U 14 Idl-ild 4 2844 S. Cherokee St. $868.66 Enqlewood, co 80110 1971 34 2 08 008 Aren•, Steven A. ' Marilyn 13 14 Idl..,ild 5 J, Jt Ten ( 2850 S . Cherokee St.) $491.85 5606 S. Crocker St. Littleton, co 80120 19 4 2 08 009 Shortridge, Jennifer A. 14-1~ 14 Idl-ild 6 2852 S . Cherokee St. $1 ,204.58 Englewood, co 80110 ( 1971 34 2 08 010 Andler, Donald P. ' Jtathl .. n16-l7 14 Idlewild 7 K., Jt Ten $1 ,307.28 2862 S. Cherokee St. En lewood co 80110 19 34 2 08 011 Day, Steven Edward 18-19 14 Idl..,ild • 4110 S . Bannock St • ( 2872 S . Cherokee St.) $966.07 Englewood, co 80110 1971 34 2 08 012 Ferrell, Ivan k . ~ Gloria A. ~0 -21 14 ld1e.,ild 9 Jt Ten, ~ Int. ' et a1 ( 2882 s. Cherokee St .) $1,0 30.63 2270 s. E•raon St. Denver, co 80210 1971 34 2 08 013 Iverka, Allen I. ' Patric ia 22-24, 10 A ., Jt Ten Ex . E $1 ,00 4.50 2898 s . Cherokee St. 40' 14 Idle.,ild Englewood , co 80110 1971 34 2 08 014 May, John w. • Joan E., Jt E 40' " Ten 22-24 1 4 Idlewild $357.40 255 w. Bates Av.. En 1ewood, co 80110 1971 34 2 14 012 Herberg, Robert w. ' LOio A. 25-26, 12 2987 s. Cherokee St. s 10' $1,045.89 Englewood, co 80110 ot 27 20 Speer a Bdwy . Addn . 1971 34 2 14 013 I H._.11, Georgi a r. N 15' • • ( 13 26 fairway Lane of 27, $697.26 Littleton, CO 80123 •11 28 20 Speero Bdwy. Addn . (~985 II, CherokH It, 1971 34 2 14 014 Blair, Erw in J ... a ' Edna 29-30 20 I -ra Bdwy . Addn. 14 a.lle, Jt Ten (2981 S. Cherokee St .) $871.57 293 s . Bannock St . Englewood, CO 80110 ~-"( • • • , . • DESCIIIPTIOH Of l'lioPaTv Lot - 1971 34 2 14 015 Mortier, Richard Mason & Opa 1 31- R., Jt Ten 32 20 Speers llclvy. Addn . 2973 S. Che r okee St. $871.57 Englewood, co 80110 1971 34 2 l4 016 Freeland , Forrest N . & 33- 34 20 sp .. ra llclvy. Addn. $1,416.62 Arlene, 35-36 20 Speera llclvy . Addn . 3 $1,015.13 Marshall, Mae M. " Kerley, 37-38 20 Speer• llclvy . Addn . 4 Mildred M., Jt Ten 2929 s. Cherok" St . $1,396.25 Clea, Arthur L. 39-40 20 Speers llclvy. Addn. 5 2927 s. Cherokee St. $1,202.87 Englewood , CO 80110 1971 34 2 14 020 41-42 20 Speer• Bdwy. Addn . 6 $949.49 ( 43-44 20 Speera ldwy . Addn. $1 ,280 .24 45-46 20 Speere ldwy. llddn. (2909 s. Cherokee St.) $1 ,499.94 Miller, ltaren k. 47-48 20 S-re Bdwy. llddn. 9 , 370 w. ..tee ave. (2901 s. Cherokee St.) , Englewood, CO 80110 $1,069.85 1971 34 2 15 001 • Dodd 11, ll&rvin r. 5 Mope D., 1-2 19 Speera ldwy. Addn. 10 (2900 S. Cherokee St.) $970.92 Merholt&, J ... a R. 3-4 19 Speera ldwy. Addn. 11 . 2908 s. Cherok" St. $1,092.44 Englewood, co 80110 1971 34 2 15 003 • Adllr . of Veterana' Affaire 5-6 19 Speera llclvy • llddn. 12 Denver Federal Center (2916 S. Cherokee St.) $1,087.38 Denver, co 80225 1971 34 2 15 004 Bennion, Elaine I. 7-8 19 Speera ldwy. Addn, 13 2918 s. Cherokee St. Inglewood, co 80110 $871.57 I • 1971 34 2 15 005 Martin, J-• s. " Roae .. rie 9-10 19 Speere ldwy. Addn. 14 G., Jt Ten $1,052.31 2936 S. Cherokee St. Englewood, CO 80110 -~ • • - • • NAME AND ADDII!II 19 71 34 2 1 5 006 Dornagall, Michael E. 2940 S . Cherokee St . Eng l e wood, CO 80110 1 9 71 34 2 1 5 007 • • • Lot - SUIDtVISION 11-1 2 1 9 Speers Bdwy . Addn . Demsk i. J ulian ' Harri ett ' 13-14 19 Speers Bdwy. Addn. 2 3 Fisch er, Brian ' Marie, J t Ten 2948 S . Cherokee St. Enq1e""od, CO 80110 1971 34 2 15 008 Piotraschke, Ernest E. 4 2956 s. Cherokee St. Enq1...,00, CO 80110 1971 34 2 15 009 Decker, Joan Ruth 5 2 759 S . lleede St . . Denver, co 8 0 236 . 1971 34 2 15 010 . Hiqh1ancl, Larry J . ' 6 Elizabeth A., J t Ten 2976 s . Cherokee St. · Enq1e..,OO, co 80110 . 1971 34 2 15 011 . Jonea, Charlea L. ' 7 catherine A., Jt Ten . 2996 S . Cherokee St . 80110 15-16 19 Speers Bdwy . Addn. 17-18 19 sp .. rs 8dwy . Addn . (2972 s. Cherokee St .) 19-20 1 9 Speers Bdwy. Addn . 21-22 19 Speen 8dwy . Addn • : Oye, David L. ' llerrile e E., 23-24 19 Speers Bdwy . Addn . I Jt Ten 235 W. Cornell Ave . Enq1e..,OO , co 80 110 . 1971 34 2 20 001 . Ecton, Elaie Ma e 9 . 3000 S . Cherokee St. . l:nq1e..,oo , co 8 0110 971 34 2 20 002 . Belin, Johnny J. ' D. 10 Aaa.nda, Jt Ten P. 0, Box 10152 De nver, CO 80210 9 1 3 4 2 20 003 McDonald, Har riett 11 3030 S. Cherokee St. Enq1...,00, CO 80110 1971 34 2 20 004 Jawor oaki , Eugne "· ' 12 L., Jt Ten 3036 s. Cherokee St. Su-.ra, Tha.aa lAe 13 3040 S. Cherokee St. Enq1ewood, co 80110 1971 34 2 20 006 J. Suaan JC.ra•r, Frank C. " Shobe, 14 Roy L. 3048 S. Cherokee St. Enq1e..,OO, CO 80110 1 -2 22 Speers Bdwy . Addn. 3-4 22 Speer a 8dwy. Addn. (3010 s. Cherokee St.) 5-6 22 Speer a Bdwy • Addn . 7-8 22 Speer a 8dwy. A<!dn. 9-10 22 Speers 8dwy. Addn. 11-12 22 Speera 8dwy. Addn . • $1,2 15.78 $1,358.98 $1,260.33 $1,2 1 2 .80 $ 871.57 $ 8 71.57 $1 ,09 2 .44 $1 ,4 72.92 $ 988.03 $1,079.41 $ 871.57 I • $ 871.57 $1,092.44 • - • • NAME AND AOOH55 lot &loci< SUIOIVISION 1971 34 2 20 007 Kramer, Frank c . ' Shobe, 13 , II Roy L . l /3 of I 3 0 48 S . Cherokee St. 1 4 22 Speero Bdwy. Addn . $ 699.45 Englewood, CO 80110 (3052 S. Cherokee St.) 1971 3 4 2 20 008 Adams, Co lleen G. s 2 /3 2 3064 S . Cherokee S t . 14, N $ 581.05 Englewood, CO 80110 2/3 15 22 Speers Bdvy. Addn . 1971 34 2 20 009 .Johnson, Lloyd A ., Donald L., Sl/3 3 'tUhl, D ., Jt Ten 15, all $1,118.49 3126 S. Lincoln St. 16 22 Spee ra Bdwy. Addn . Enq1ewood co 80110 (3066 S . Cherokee St.) nt! >4 < <U U!U Tolan, Anthony W. 17-18 22 Speera Bdwy. Addn . " 3068 s. Cherokee St. $1,176.64 Englewood, CO 80110 1971 34 2 20 011 Shea, Robert A. ' Susan c .• 19-20 22 Speera 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, Mayne L . ' 21-22 22 speera 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 Jteeney, Joel E., Sr. ' Opal 23-2 4 22 Speera Bdwy . Acldn . 7 E., Jt Ten $1,213.92 3098 S . Cherokee St . Englewood, co 8 0110 1971 34 2 21 012 Hathaway, ooyne R. , Jr . ' 25-26 21 Speera Bdwy . Addn . • Mer ita L., Jt Ten 3095 S . Cherokee St. $ 871.57 Englewood, CO 80110 1971 3 4 2 21 0 13 Eddl ... n, Sarah E. 27-28 21 Speers Bdwy . Addn. 9 3085 S. Cherokee St. $ 871.57 Enq:levood, CO 80110 1971 3 4 2 2l 014 Ri~~f>ley, Gregory A. ' Rose E . .29-30 21 Speare 8dway . Addn . 10 Jt Ten $ 871.57 30 75 S . Cherok ee St. Englewood, CO 80110 1971 34 2 21 015 Nickolaua, Joseph L. & Ruby 31-32 21 Speers Bdwy . Addn . II E.' Jt Ten $ 3065 s . Cherokee St. 871.5 7 Englewood co 80110 1971 3 4 2 21 016 Wells, Carl 33-34 21 Speera Bdwy . Addn . 12 3059 s. Cherokee St. Englewood, CO 80110 $1,329.17 1971 34 2 21 017 Davia, Gerald W. " Beatric e, 35-36 21 Speare Bdwy. Addn. I • • ( 13 Jt Ten 3055 s . 0\erokee St. $871.57 Englewood, CO 80110 1911 34 2 21 018 Tevkabury, suaette Marie 37-38 21 Speare Bdwy. Addn . 14 3039 s . Cherok-St. $071.57 Englewood, CO 80110 A-1 • • • - • • DESCIIIPTION 0# I'IIOPfUY NAME AND ADDHS5 Lot lllodt SUIDIVISION 1971 J4 2 21 0 19 Church, Harvey R. J9, s -J OJ5 s. Cherokee St. i 40 21 Speers Bdvy. Addn. . $ 915 .2 8 I Englewood, co 80110 1971 J4 2 21 020 .. McCann, Paul C. ' Florence N i 40, ·• $ 653.68 2 Heriam, Jt Ten all 41 21 Speera Bdvy. Mdn. - JOJJ s. Cherokee St. Englewood, co 80110 !~I! H 2 2 1 021 .. Kelley , Rober t F. 42-44 21 . Speera lldwy. Mdn . -3 5860 s. Wood Sorrel Or . (J029 s. Cherok .. St.) Littleton , CO 8012J -$1,307.36 1971 34 2 21 022 Kelley, Robert F. ' Shirley 45-46 21 Spee ra lldwy • Mdn. .. • 4 L. • Jt Ten (JOlS S . Cherokee St.) 5860 s. Wood Sorrel Dr . .. $1,168.14 Littleton co 80123 1971 34 2 21 02J Thoepson, Archie o. ' Mildred 5 M., Jt Ten 47-48 21 Speer a lldwy. Mdn, J007 S: Cherokee St. -$ 871.57 Enqlewood, CO 80110 1971 J4 3 00 0 4 4 . Tr. of land Deac. aa follow•:. Tafoya, David Daniel • Mary, Beq . at a Pt. on S. line of 6 Jt Ten Loretto Av e ., 166 . J' E. of w. 3101 s. Cherokee St. line of NE ~, Slf~ Sec. 34-4-68j $1 ,748.98 Enqlewood , co 80110 Th. E. 125' to propoaed W. line of Cherokee St.; Th. S. Alq . Sd . propoMCI If. line of Cbero- 7 kee St. 100'; Th. If. 125' to Pt .; Th. N 100' to Pt. of Beq • Cont. • 287 A MIL 1971 J 4 J 00 056 lleq. at SECor. lot 14, Cinderllllk Associates Abbotta Sub. 2nd Flq.; Th . S. I I 701 "· Hupden Ave. 130.39'; Th. W. 237 .9' to a -Englewood, co 80154 Pt.; Th. NW 41.10'; Th . N. -$2,192.80 100 .04. to sw Cor Lot 13, . Abbot ts Sub. 2nd Flq .; Th. E •• to Beg., Ex. Rd . in B 180 7, 9 P . 70 7 J4-4-68 . . - 1971 34 J OJ 0 0 1 - Nelson, EliMr J . 1 -2 3 He u Mdn . $ 932 .21 10 310 0 s . Cherokee St . -Enqlevood, CO 80110 1971 34 3 OJ 002 -wolf , ltathryn Pearl ' Julia 3-4 3 He ea Addn . . $1 ,2 2 5.53 11 Grac e, .J t Ten . 310 8 s . Cherokee St . Enqle_,.s, co 80110 1971 J4 3 OJ 003 Forbe a , Go rdo n D. • Alice, J t 5-6 3 Heea Addn . .. • 12 Ten (3118 s . Cherokee St.) - 329 5 "· Chenanqo Ave . $1,095.36 Enqlewood, CO 8 0 110 19 1 34 3 03 004 I • Roaa , Lloyd L. ' Ce cile M. • 7-8 3 He u Mdn. _, ( 13 J t Ten 3126 s. Cherokee St . $1,194.79 Enqlewood, CO 8 0 110 ll9 H 34 l 03 00) Ande raon, Jef fre y C. ' 9-10 3 He u Mdn . . 14 J a cq uel i ne G., J t Ten . 3134 s. Cherokee St. $ 874 .4 9 Enq l ewood , CO 80 110 A-r • • • - • • DESCIIPTION Of PIOI'fiTY NAME AND ADOitESS lot Block SUIOIVISION 1971 34 3 03 006 Brown, v . Max & Barbara R.' 11-1~ 3 Heea Addn. Jt Ten $ 984.92 I 3142 S. Cherokee St. Englewood, 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, Terrence L . ,15-16 3 Heeo Mdn. 3 Judy I ., Jt Ten $ 874.49 3160 S. Cheroltee St. Enalevood co 80110 1971 34 3 OJ 009 Prante, Zane A. 5 Janelle H.l7-l8 3 .Heea Addn. 4 ' Juanita E., Jt Ten $ 874.49 3168 S. Cherokee St. Enqlevood, co 80110 1971 34 3 03 010 Century 21 Moffitt ' Co. ' 19-20 J Hees Addn. 5 Keith E. ' Bonnie s. (3174 s. Cherokee St.) $ 874.49 Moffitt 4 11. Dry Creek Cir. Littleton, CO 80120 6 1971 34 3 03 011 Petteraon, Brent 21-22 3 Heeo Mdn. 7 3182 s. Clerokee St. $ 874.49 Englevood, co 80110 1971 34 3 OJ 012 Linenberqer, Anthony P. ' 23-24 l Heea Addn. • MOrine A., Jt Ten $ 1374.49 ll98 S. Cherokee St. Englewood, co 80110 1971 34 3 04 010 Harvey, Clarence W. ' Ellen 12 Henry Mdn. to Englewood 9 C., Jt Ten $1,196.28 3197 S. CherokM St. Enqlevood co 80110 l'J 11 J4 J U4 UJ.l Dunbar, Marian L. ' Lobel, 11 Henry llddn. 10 Lawrence H. (3 191 s. Cherokee St.) $1,076.95 1336 s. Zephyr Ct. L&ltevood, CO 80226 1971 34 3 04 012 ' Dunbar, Marian L. ' Lobel, 10 Henry Addn. 11 Lawrence H. $ 874.49 ll75 S. Cherokee St. Englevood, CO 80110 1971 34 3 04 013 9 Henry Addn. Bender, Elaie F. ( 12 ll71 s. Cherokee St. $1,515.68 En<Jlewood, CO 80110 1971 34 3 04 014 O.Vivier, .J. r. 8 Henry Acldn . $1,222.22 13 3165 s. Cherokee St. En9levood, CO 80110 I • • 1971 34 3 04 OH Archuleta, Julian M. ' u-u• 7 Henry Addn. 14 M. $1,095 .36 3155 S. Cherokee St. Englevood, CO 80110 IJ9 • • • n- • • ' - DESCRIPTION Of PROI'fRTY I NME AND ADOIIfSS lot I lock SUIOIVISION 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 04 017 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. s 28352 Shadow Mountain Dr. (3291 S. Cherokee St.) $1,481.76 conifer, co 80433 1971 34 3 12 014 ' Brown, Cora E. 17-19 1 Park Addn . I 6 3281 S. Cherokee St. $1,411.67 Englewood, CO 80110 1971 34 3 1 2 015 I Mai. Thi•• The ' Tran, tan 19-20 1 Park Addn . 7 Thi, Jt Ten s 877.41 3 277 s. Cherokee St. Englewood , CO 80110 1971 34 3 12 016 Scherrer, Leo L. 5 Donna D., 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. " Anqela, Jt 9 Ten $1,316.11 3255 S. Cherokee St. /~ Englewood, CO 80110 19 1 34 3 12 018 Meinecke, Loia 8. 13-15, 10 . 1900 W. IIAOntucky Ave. Ex w $1,461.70 Denver, co 80223 8' 1 S. G. H-lino Bdwy . Addn. (3233 S. Cherokee St.) 1971 J4 3 12 019 ~ Trunck, Stephan Patrick 16-18, 11 3227 s. Cherokee St. Ex w Englewood, CO 80110 8' 1 S. G. Hamllno Bdlol)'. Addn. $1,316.11 (3227 s. Cherokee St.) 1971 34 3 12 020 Roaenbaua, Or in E. ' Velu. 19-20, • 12 J., Jt Ten Ex W • I 10756 E. Povero Dr. 8' for (3213 s . Cherokee St.) $1,219.39 Englewood, CO 80110 alloy l s. G. HAIIlln& Bdwy. Addn. • • \.._) 1971 34 3 12 02l Wright, Ronald E. ' 21-22, 1 s. G. H-lino Bdwy. Addn. ( 13 Catherina R., Jt Ten Ex. rear 3211 S. Cherokee St. 8' for $1,239.09 Englewood, CO 80110 alloy l971 J. J .. uu Brown, Willi-J. & 23-24, l s. G. H~ino Bdwy . Addn . )4 Catherine L., Jt Ten Ex. rear 3201 S. Cherokee St. 8' for $ 989.68 Englewood, co 80110 alloy f} -tl' ---b \ \. • • ~ ?~~--In ...,, . ~n • • • 0£SCRIPTION OF l'tiOP£RTY NAME AND ADDRESS Lot 81od WIOIVISION 1 971 34 3 13 001 Jamieson , Lena w. & Jar vis , 1-2 2 S. G. Haalins Bdwy. Addn. Nedine K. , Jt Ten 1 3202 S. Cherokee St . $ 877.41 Englewood, CO 8 0110 i\~Jtg;4 s ~oEE R£in & Melia Denise, Jt Ten 3-4 2 S. G. Hamlino Bdwy . Addn. 2 3204 s. Cher okee St. $ 877.41 Englewood, CO 80110 1971 34 3 13 003 Campbell, Rebecca J . ' 5-6 2 s. G. Hamlin• Bdwy. Addn . .. 3 Ladebue, Robin G., Jt Ten $1,098.20 3220 S. Cherokee St . Englewood, CO 8011 0 1971 34 J lJ 004 Nicholaa, Jack R. ' Mary L. • 7-8 2 S. G. H-lins Bdwy. Addn . .. Jt Ten .. $1,015.69 3228 S. Cherokee St. Englewood, CO 80110 1971 l4 l u 005 9-10 2 s. G. Hamlins Bdwy. Addn . Marthaler, Michael ' Lo A.Me, 5 Jt Ten $1,238.40 l2H s. Cherol< .. St. EnCJlewoo<l, CO 80110 . 1971 34 3 13 006 -. Mattox, Gordon E . ll-12 2 S. G. Hamlino Bdwy. Addn . -6 3240 s. Cherokee St. $ 877. 41 . Englewood, CO 80110 ( : 1971 34 3 13 007 ' . Mattox, Gordon E. III 1, N Abbot to Sub. 2nd Plg. 7 . P . 0. llox 10 23 • of $ 965.15 Littleton, co 80160 2 (3252 s. Cherokee St.) 1971 34 3 13 008 Henderaon, Chr iatine o. s 2' AbbotUSub . 2nd Flq. I : 3256 S. Cherokee St . of 2, $ 912.50 . Englewood, co 8 0110 all 3-4 . 1971 34 3 13 009 ' . Grey, Willi-0. ' Luella L. ,5-6 Abbotta S ub . 2nd Flq. -$ 877.41 9 Jt Ten . 3260 S. Cherokee St. zru~lewood, co 80110 1971 34 l 13 010 McFarlAnd., Rober-t D. ' 7-8 Abbotta Sub. 2nd Plg. 10 Jacqueline, J •• Jt Ten (3270 S. Cherokee St.) $ 877.41 • 7000 s. Penrose Ct. -Littleton co 80122 . 1971 34 3 13 011 Anu.trong, Earl G. 9-10 Abbott& Sub. 2nd Flq. 11 3280 S. Cherokee St. $ 877.41 Enqlewoo<l, co 80110 1971 34 3 13 012 • Swayz.e, Muriel 11-13 Abbotta Sub. 2nd f'1q. $1,459 .53 12 28352 Shadow Mountain Dr. (3290 s. Cherokee St.) Con tier, CO 80433 2077 08 4 00 020 Beg. at NW Cor. of ME\ of SE \ Bl""*>er'CJ, InCJVar H. ' Lob of Sec. 81 Th. s 291.6'. ""'· 1!!-$5,881.22 13 H. l98't "nl . N 291.7'1 ""'· w l'J4' 2706 w. Union Jive. to Se<J. , Ex . Rt/Way1 ' E.x Englewood, co 80110 Rd•. 8-5-68. (2700 w. Union lin ( I • • 20rT Db 4 oo 021 Be~. 194' E of NW Cor . of ME• Parr, z... M. of SE \ of S.c. e, -n.. s 291.7', 14 2690 w. Union Ave. Th. E 206'1 "nl. N 291.8'1 Th. $6,371.23 Englewood, co 80110 w 210' to Beg •• h. Rdo. 8-5-68 /1-f/ . • • • • • • DfSCliiPTION Of PIIOPHTY NAME AND ADDRESS 2077 08 4 00 022 Parr , Emma M. 2690 W. Union Ave . Englewood , CO 80110 2077 08 4 00 033 Bussard, Delbert H. & 2 Margaret Ann, Jt Ten 7 090 s. Windsor St. Littleton, CO 80123 2077 08 4 00 034 Clinger, Ross W. 2560 W. Union Ave . Englewood, co 80110 2077 08 4 00 042 Colorado Disposal, Inc. 4 P, 0. Box 1238 Englewood, CO 80150 5 2077 09 1 24 001 H ' 8 Enterprises 6 4501 S. Navajo St. Englewood, co 80110 2077 09 1 24 002 H ' 8 Enterprises 7 4501 s . Navajo St. Engl...ood, co 80ll0 2077 09 1 24 003 Barcewski, Anton ' Myrtle, • Jt Ten 5124 11. Fair Ave. Littletoa, CO 80123 20 09 1 24 004 Heabler Metal Producto, Inc. 9 148 Vallejo St. Denver, CO 80223 2077 09 1 24 005 Heabler Metal Producte, Inc . 10 148 Vallejo St. Denver, co 8022J 2077 09 1 25 001 Clark, KeMeth J. 11 4521 S. Decatur St. Englewood, CO 80110 2077 09 1 25 002 Stanford Ave . 12 Mlle-Hi s.., ' Tool Service 13 2980 s. H<ldieon St. Denver, co 80210 2077 09 1 25 004 Hile-Hi Sew ' Tool Service 14 2980 I. Madieon St. Denver, co 80210 lot Block SUIOIVISION 4 Beg. at a Pt. 291.6' S of NW Cor of NEt, of SE" Sec. 8-5-68: Th.E 4 0 4': Th. S 320 '; Th. W 404' 1 Th . N 320' to Beg. 8-5-6,8. lleg. 616' E of NW Cor . of NEt, pf SEt,; Th . S 427 ' M/L; Th. W . 217.3 '1 Th. Nly. 427' M/1; Th. E 2 12' to Beg., Ex . Rds. B-5-6fL (2680 w. Union Ave. Beg. 465.2' W of NE Cor of NEt, pf SEt,t Th. S 627't Th. W 238'.; fh. N 627'; Th. E to Beg. Ex. Rdo. 8-5-68. (2600 W. Union AYe.) Beg. NE Cor of NEt, SEt, of Sec .• 8-5-68 t Th. S to SE Cor. of NEt, SEt, Sd Sec; Th. W 341.70' 1 Th. N 1322.2': Th . E to Beg., Ex. any Por. within channel iaprov ... nt area Sec. 8-5-68 ' Ex. N 35'. (2400 W. Union Ave.) 1 Navajo Street Ind. Park 1 Navajo StrMt Ind. Park 1 Navajo StrHt Ind. Park 1 Navajo Street Ind . Park l Nava jo StrMt Ind. Park 2 Nava jo Street Ind. Park 2 Navajo Street In4 . Pack 2 NaVa JO St.utet Ind. Park 2 NAVA JO St<Mt Ind , Park A -1.)... • $ 297.51 $6,585.62 $7,393.29 $11 ,609.26 $5,818.13 $5,645 .10 $7,965.86 $5,658 .65 $5,978.21 $7,355.89 $1,847.23 I • • $6,970.07 $6 ,970 .07 - • r • NAME AND ADDIIIII 2077 0 9 1 25 0 0 5 Navajo Partnership 3575 E. Long Rd. Littleton, CO 80121 2077 09 2 00 090 Colo rado Disposal, Inc . 2 P . o. Box 1238 Englewood, CO 80150 2077 09 3 DO 066 Colorado Dispoaal, Inc. 3 P. 0. Box 12311 Englewood, CO 80150 5 6 7 • 9 10 II 12 13 14 • • • Lot lllodt 2 Nava jo Street Ind. Park (1451 II. Tufts Ave.) rhat part of Sll\ NW\ 1thich lieo s of Co. Rd . No. 1 5 II of channel iiiiPro-nt area Sec. 9-5-68. rhat part of NW\ S1fla Sec. 9-5-68 lying II of 11 line of channel liiprat a area. /1 ·!3 • $7 ,951.60 $1 ,357.24 $7,509.43 I • • - • • • • MINUTES ENGLEWOOD, COLORADO BOARD OF ADJUSTMENT AND APPEALS April 11, 1984 The regular meeting of the Board of Adjustment and Appeals began at 7:30p.m. MEMBERS PRESENT: MEMBERS ABSENT: ALSO PRESENT: Hallagin, Brown, Fish, Ferguson and Gage. Seymour and Dawson. Dorothy A. Romans, Staff Advisor Harold J. Stitt, Sign Code Enforcement Officer Larry D. Yenglin, Planner I Sheryl Rousses, Recording Secretary * * * * * Chairman Gage called the meeting to order and stated that with five members present, four votes would be required to grant a variance. BOARD MEMBER FERGUSON MOVED THAT THE MINUTES OF THE MEETING OF MARCH 14, 1984, BE APPROVED AS WRITTEN. Board Member Hallagin seconded the motion. Upon a vote, all five members voted in the affirmative, and the Chairman ruled that the Minutes of March 14, 1984, were APPROVED as written. * * * * * BOARD MEMBER BROWN MOVED THAT THE FINDINGS OF FACT IN CASES 5-84, 6-84, 7-84, AND 8-84, BE APPROVED AS WRITTEN. Board Member Ferguson seconded the motion. Upon a vote, all five members voted in the affirmative, and the Chairman ruled that the Findings were APPROVED as written in Cases 5-84, 6-84, 7-84 and 8-84. * * * * * The Chairman opened the Public Hearing on Case No. 9-84, for Bill Smith Plumbing and Appliance, Inc., 4101 South Broadway, and asked that the Staff identify the request. Mr. Yenglin stated that the applicant was appealing the denial by the Director of Community Development of an appeal from an order by an Englewood Code Enforcement Officer to remove an animated roof sign. This application is also a request for a variance to continue the use of the animated roof sign. This is a variance from Section 22.7-8 band h- Signs Prohibited in all Zone Districts, and Animated Roof Signs. The Chairman stated that he had proof of posting and publication. Timothy J. Flynn, Attorney, 3333 South Bannock, Suite 500, came forward and s tated that he was the representative for Bill Smith Plumbing and Appliance, I n c . He stated that the animated portion of the sign has been turned off; and • A I • • ( • Board of Adjustment and Appeals Minutes PP.ge 2 • • - the applicant is not appealing that decision by the Code Enforcement Officer. The sign is a prohibited roof sign; and he said that it is prohibited because it extends beyond the roof level. The sign says "Bill Smith Plumbing" and has been there since 1955. He said there are trees, utility poles and traffic signal poles which exist on adjacent public and private property which block the view. This sign is important so that the public can find the business. Mr. Flynn submitted pictures (Exhibits I and II) which show a traffic signal pole which blocks the view of the building; and other signs and trees which, in his opinion, also make it difficult to locate Bill Smith's Plumbing and Appliance, Inc. The building is located on the lot line; and there is no place for a ground sign. The continued use of the sign, Mr. Flynn stated, would not pose any injury to the existing uses in the neighborhood. The nearby businesses have larger signs than the subject sign. The elevation of the sign is not a problem, as there are other signs nearby that are at the same height. He said that permitting this sign would not alter the character of the neighborhood, as the sign has been there for almost 30 years. Mr. Fish asked why the sign could not be moved. Mr. Flynn responded that the building is not high enough to permit the existing sign to be lowered, as there must be 10 feet from the ground level to the base of the sign. The sign would require six feet and the building is only 14 feet --two feet short of the 16 feet needed to make the existing sign legal. A wall sign would not be seen from Broadway. Mr. Hallagin asked if anyone from Bill Smith attended the Sign Code meetings. Mr. Flynn said that he is not certain that anyone from the business was aware of those meetings. Mr. Hallagin asked if all businesses had been notified. Mrs. Romans said that not all businesses were notified individually, although there was publicity and public notices of the hearings in the newspapers. There were no further speakers in favor of the variance. There were no speakers opposed to the variance. The Chairman asked that the Staff Report be made part of the record, and the Staff had no further comments. The Chairman closed the Public Hearing for Case No. 9-84. Discussion followed. BOARD MEMBER HALLAGIN MOVED THAT THE APPLICANT BE GRANTED AN APPEAL FOR PROPERTY LOCATED AT 4101 SOUTH BROADWAY, FROM THE DENIAL BY THE DIRECTOR OF COMMUNITY DEVELOPMENT OF AN APPEAL FROM AN ORDER BY AN ENGLEWOOD CODE ENFORCEMENT OFFICER TO REMOVE AN ANIMATED ROOF SIGN. THE APPLICANT ALSO REQUESTED A VARIANCE TO CONTINUE THE USE OF THE ROOF SIGN. THIS IS A VARIANCE FROM SECTION 22.7-8 b - SIGNS PROHIBITED IN ALL ZONE DISTRICTS. Board Member Fish seconded the motion. Upon a vote, all five members voted in the negative, and the Chairman stated that the request had been DENIED. The members gave their findings as follows: Mr. Hallagin said that the sign did not meet the conditions for granting a variance from the Sign Code. The Fire Department representative said that the sign was a hazard. • I • • • Board of Adjustment and Appeals Minutes Page 3 • • • Mr. Brown said that the request for a variance would not meet the four conditions necessary to grant a variance from the Sign Code. The safety factor should be considered. Mr. Fish said there were no unique circumstances in this case. Mr. Ferguson voted "no" because to grant the variance would weaken the Ordinance, and would be of benefit only to the owner. Mr. Gage stated that the applicant did not meet the requirements for a variance from the Sign Code, and there was no hardship. * * * * * The Chairman opened the Public Hearing for Case No. 10-84. The applicant was the Englewood Housing Authority, the owner of the property at 3034, 3036 and 3038 South Galapago Street. The Chairman stated that he had proof of posting and publication, and asked that the Staff identify the request. Mr. Yenglin stated that in order to sell each of three units separately, the applicant was requesting reductions in the minimum lot area, minimum lot frontage and minimum usable open space, and an increase in the maximum lot coverage in order to sell the units individually. These are variances from the Comprehensive Zoning Ordinance, Section 22.4-5 c -Minimum Area of Lot; Section 22.4-5 e -Maximum Percentage of Lot Coverage; Section 22.4-5 f - Minimum Usable Open Space and Section 22.4-5 i -Minimum Frontage of Lot. The Chairman asked that the representative of the Englewood Ho~sing Authority come forward to give testimony. Thomas J. Burns, 3600 South Bannock, Apt. 301, came forward and was sworn in. He stated that he is Chairman of the Englewood Housing Authority, and that he would like to give a background on the project under which the subject properties were developed. He said that this program was initiated by the Housing Authority about 18 months ago to acquire lots on which could be moved houses which were purchased for owner-occupied living units for low and middle income people. This program was planned for people who could not qualify for the average-priced home. This particular unit, together with $35,000, was donated to the Authority by Garfield Partners with the condition that the units be moved from the sites quickly. The units meet the standards for the R-2, Medium Density Zone District, and could be rented without a variance; but because the Authority wishes to sell the units, variances are required. The neighborhood would be given the stability of home ownership; the units can be used for families; and the units are compatible with the zoning of the area. Robert W. Short, 1483 South Lincoln, came forward and was sworn in. He stated that the units were given to the Authority in October of 1983. The units were structurally sound and of masonry construction, built in the 1940's. The project was assigned to him to complete. All of the lots owned by the Authority were zoned R-2, Medium Density. Mr. Short said he f o llowed the g uidelines for R-2, Medium Density areas in placing the units on the lots. The lot size is 75 x 127 feet, or an area of 9,525 square feet. He split and changed the floor plans of one of the fourplexea donated. The structure has been made into one two-bedroom and two three-bedroom units • • I • - • • Board of Adjustment and Appeals Minutes Page 4 • • • 3034 (Unit A) is a three-bedroom unit with one bath. 3036 (Unit B) is a two-bedroom with one bath. 3038 (Unit C) is a three-bedroom unit with one bath. All units will have off-street parking with alley access and enclosed trash areas. The entire building will be covered with an acrylic modified cementeous stucco. This coating will make the outside a consistent surface. A new roof, thermal primary windows and insulated doors have been added. All existing electrical, plumbing and heating equipment will be removed, and new electrical, plumbing and heating equipment will be installed. Mr. Short stated that the surrounding open space will be divided by landscaping to delineate a yard for each unit. The units will blend in with the neighborhood and will be a good addition to the neighborhood. The variance will permit the sale of these units. Mr. Brown asked if there would be control over the owners to assure owner occupation. Mr. Short said there is a waiting list for people who could not normally qualify for a home, and the aim of the program is to provide inexpensive housing for these people. Mr. Brown asked what the selling price would be. Mr. Short said the two-bedroom unit would be between $35,000 and $40,000, and the three-bedroom units will be around $45,000. Mr. Brown asked if the units would upgrade the neighborhood. Mr. Short said that the neighborhood is an old one, although a nice neighborhood. He said the units will help keep up neighborhood pride. There were no further questions from the Board. There were no further speakers in favor of the variance. The Chairman asked if there were any speakers in opposition to the request for a variance. Esperanza (Hope) Torrez, 3045 South Galapago, came forward and was sworn in. She stated that she was not necessarily opposed to this project, but had some concerns which she asked Mr. Short to explain. She said she is opposed to rezoning. She asked why the units were put in before the Board gave permission. She said that the off-street parking along the alley could be impossible to reach in the wet months, as the alley is very muddy. She asked if the buyers would be required to keep the units for a certain amount of time and to live in the units. Mr. Gage stated that this would not be a rezoning. Mrs. Romans stated that, if the units were to be rented, no variance would be required. It is the selling of each unit which creates the need for a variance. There were no other speakers in opposition to the variance. Mr. Short stated that the buyers will be required to live in the unit for five years or pay a penalty to the Authority through an Indenture Lein. The Authority will not be able to pave the alley, but will grade and maintain it while the Authority owns the units. The Chairman asked that the Staff Report be made part of the Record. The Staff had no further comments. BOARD MEMBER FERGUSON MOVED THAT THE ENGLEWOOD HOUSING AUTHORITY BE GRANTED A VARIANCE FOR PROPERTY AT 3034, 3036, AND 3038 SOUTH GALAPAGO STREET, PERMITTING REDUCTIONS IN THE MINIMUM LOT AREA, MINIMUM LOT FRONTAGE AND MINIMUM USABLE OPEN SPACE, AND AN INCREASE IN THE MAXIMUM LOT COVERAGE IN ORDER TO SELL EACH UNIT • I • • - • • Board of Adjustment and Appeals Minutes Page 5 • • • SEPARATELY. THESE ARE VARIANCES FROM THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22.4-5 c -MINIMUM AREA OF LOT; SECTION 22.4-5 e -MAXIMUM PERCENTAGE OF LOT COVERAGE; SECTION 22.4-5 f -MINIMUM USABLE OPEN SPACE AND SECTION 22.4-5 i -MINIMUM FRONTAGE OF LOT. Board Member Hallagin seconded the motion. Upon a vote all five memebers voted in the affirmative, and the Chairman ruled that the variance was GRANTED. The members gave their findings as follows: Mr. Hallagin stated that it is a good idea to help low income persons to become homeowners. This will improve the neighborhood and help the City grow; therefore, he voted "yes". Mr. Brown voted "yes" because the applicant met the six requirements for a variance. There is a hardship because families need these homes. Mr. Fish said that this is a good policy, so he voted "yes". Mr. Ferguson said that he voted "yes" because the variance will not injure the area, and there is a hardship. Mr. Gage concurred with the other Board members. The Chairman stated that the necessary permits could be obtained from the Building Divsion. * * * * * The Chairman opened the Public Hearing for Case No. 11-84 and 12-84. He stated that he had proof of posting and publication for the properties at 2743 South Delaware Street, 2742 South Elati Street, 2755 South Delaware Street, and 2754 South Elati Street. He asked that the Staff identify the request. Mr. Yenglin stated that these cases are identical, with the same variance requested in each case, due to the mirror-image layout of the development. The applicant requested a reduction in the minimum required lot area from 3,000 square feet to approximately 2,927 square feet for the property at 2743 and 2755 South Delaware Street, and a reduction in the minimum usable open space in the front yard from 40% to approximately 32.7%, and to allow the required off- street parking in the front yard setback at 2742 and 2754 South Elati Street in order to sell the units individually. These are variances from the Comprehensive Zoning Ordinance, Section 22.4-5 c -Minimum Area of Lot; Section 22.4-5 f - Minimum Usable Open Space and Section 22.5-5 h -Private Off-street Parking Spaces in a Residential District. The Chairman asked that the applicant come forward for testimony, Thomas J. Burns, 3600 South Bannock Street, Apartment 301, was sworn in and stated that he wanted to stress the unique feature of this program which enables people who would not o therwise be able to purchase homes, to own their own homes • • I • • ( • Board of Adjustment and Appeals Minutes Page 6 • • • Robert W. Short, 1483 South Lincoln Street, stated that these units were included in the donation discussed in the preceding case. These two lots could accept at least two units. Each building was made into a two-bedroom unit with one bath and a three-bedroom unit with two baths. The landscaping will be done to make a good neighborhood atmosphere and to delineate yards. Mr. Short said that these units are a good addition t o the neighborhood, as the old units on these lots were uninhabited and close to condemnation. As in Case No. 10-84, the new units meet the R-2 zoning for rental units, but not for selling as single-family attached dwellings. There will be new electrical, plumbing and heating equipment installed. The neighborhood is now declining; the Authority hopes to reverse that trend. Mr. Fish asked if there is a waiting list for people wanting these homes. Mr. Short said there is. Mr. Brown asked when the units would be ready. Mr. Short said that the units on Galapago Street are nearly completed, and the ones on Delaware and Elati should be completed in June. These units came from 433 and 459 Garfield. There are tax advantages to donating a building, but the Authority only accepts structurally sound buildings. There were no further speakers in favor of the variance. There were no speakers in opposition to the variance. The Chairman asked that the Staff Report be made part of the Record, and there were no further comments from the Staff. BOARD MEMBER BROWN MOVED THAT THE ENGLEWOOD HOUSING AUTHORITY IN CASE NO . 11-84 AND 12-84 BE GRANTED VARIANCES FOR 2743 SOUTH DELAWARE STREET AND 2742 SOUTH ELATI STREET, 2755 SOUTH DELAWARE AND 2754 SOUTH ELATI STREET, PERMITTING A REDUCTION IN THE MINIMUM REQUIRED LOT AREA FROM 3,000 SQUARE FEET TO APPROXIMATELY 2,927 SQUARE FEET FOR THE PROPERTY AT 2743 AND 2755 SOUTH DELAWARE STREET, AND FOR A REDUCTION IN THE MINIMUM USABLE OPEN SPACE IN THE FRONT YARD FROM 40% TO APPROXIMATELY 32% AND TO ALLOW THE REQUIRED OFF-STREET PARKING IN THE FRONT YARD SETBACK AT 2742 AND 2754 SOUTH ELATI STREET IN ORDER THAT THE UNITS CAN BE SOLD INDIVIDUALLY. THESE ARE VARIANCES FROM THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22.4-5 c -MINIMUM AREA OF LOT; SECTION 22.4-5 f -MINIMUM USABLE OPEN SPACE AND SECTION 22.5-5 h -PRIVATE OFF-STREET PARKING SPACES IN A RESIDENTIAL DISTRICT. Board Member Hallagin seconded the motion. Upon a vote, all five members voted in the affirmative and the Chairman ruled that the variances were granted. The members gave their findings as follows: Mr. Hallagin said that he voted in favor of the variance because the applicant met the six conditions, and the gentlemen should be congratulated for improving the neighborhood and giving Englewood more housing. Mr. Brown said that the variance would permit the homes to be sold to families, and the neighborhood would be upgraded; therefore, he voted "yes". Mr . Fish said that he voted "yes" because the area will be improved. He said the program is commendable • • I • • - • Board of Adjustment and Appeals Minutes Page 7 • • • Mr. Ferguson said there was a hardship, the applicant met the six conditions for a variance, and the area will be improved; therefore, he voted "yes". Mr. Gage said that this will be an improvement to the lot and area, and it will provide opportunity for young families to buy their first houses; therefore, he voted "yes". * * * * * The Chairman opened the Public Hearing for Case No. 13-84. He stated that he had proof of posting and publication for the subject address, 3815 South Elati Street. The Chairman asked that the Staff identify the request. Mr. Yenglin stated that the applicant, Nancy A. Parkhil~ is requesting a two-family use in a single-family zone district. This is a variance from the Comprehensive Zoning Ordinance, Section 22.4-2 b -Permitted Principal Uses. The Chairman asked that the applicant come forward for testimony. Nancy Parkhill, 3815 South Elati Street, came forward and was sworn in. She stated that she purchased the property in September, 1983, from Fern Barnes. One of the reasons she purchased the property is that there was a rental unit downstairs, and she was told that it had been rented for 20 to 25 years. Ms. Barnes had indicated that there had never been any problem with renting the unit, and Ms. Parkhill said she needed the rent to help make the mortgage payment. Ms. Parkhill stated that there is plenty of room on the property for off-street parking. She said that her neighbors have indicated that they have no objection to a rental unit. She said she lives on the property and would not permit the renters to be a problem to the neighborhood. Ms. Parkhill said there is a Nonconforming Use at 555 West Lehigh which does not have enough parking, but still is allowed a second unit. There are other rental apartments in the neighborhood, although they are not all currently occupied. Mr. Brown stated that R-1-A zone districts do not permit apartments. He asked Ms. Parkhill if she could give addresses of violators. Ms. Parkhill said she could. Mr. Brown asked if she had checked with the City to find out if an apartment would be permitted. She said she had not. Mr. Gage asked if she was aware of the zoning. She said she was aware of it. Mr. Gage asked if she understood what the designation meant. She said she knew of the zoning when she bought the property, and should have c hecked further. Mr. Hallagin asked if Ms. Parkhill has two water meters for the two units. She said she does not. Mr. Hallagin asked where the renters park. Ms. Parkhill said they are currently parking on the street; but, if the variance is granted, she would provide off-street parking. She said there is plenty of room on the property for extra parking. Mr. Hallagin asked if Ms. Parkhill was aware of the problems found by the Building Inspector. She said that she had not received a letter. Mr. Fish read Mr. Macrander's letter into the Record. (See attached.) Mr. Brown asked how many people live in the house. Ms. Parkhill said there are two people upstairs, and three downstairs • I • • Board of Adjustment and Appeals Minutes Page 8 • • • The Chairman asked if there were any other speakers in favor of the request. B. T. O'Connell, 3801 South Elati, was sworn in for testimony. He said he owns the house two houses to the north of the subject property. He said he has lived there since September. He said that the variance would not reduce the value of his property, and the parking has not been any more of a problem at this house than exists in the whole neighborhood. Mr. Ferguson asked if there were other apartments in the area. Mr. O'Connell said that he doesn't know of any others. Mr. Ferguson said that Mr. O'Connell's house has an apartmen~Mr. O'Connell said that, while his basement is finished for an apartment, he is the only person living in his home. He said that he understands that there are many houses which contain the potential for a basement apartment. There were no further speakers in favor of the variance. The Chairman asked if there were any speakers in opposition to the variance. Judy Wagner, 3845 South Fox Street, came forward and was sworn in. She presented a petition with 48 signatures from people in the 3800 block of South Fox and South Elati, and the 3700, 3800, and 3900 blocks of South Elati. She said that eleven out of the sixteen homes in the 3800 block of South Elati are represented on the petition against the variance. There were three personal letters from homeowners on that block. She said that she was speaking for a group of the neighbors. Mr. Gage asked the people who were being represented to stand. There were 24 people present opposing the variance. Mrs. Wagner said that the people bought in the area because of the proximity of the school, and because it is a single-family area. They could have bought homes in other areas without worrying about other zonings moving into the neighborhood, but they liked Englewood with its variety. If a person wants a rental unit, there are many other neighborhoods in Englewood where apartments are permitted. The owner of this house is a real estate agent who should know the rules. Mrs. Wagner said that they have all read of "mother-in-law apartments", which she said should not be permitted. Just because of illegal activity in the past, new owners should not be able to continue a practice after the City learns of the illegal situation. Sixteen homes on one block can yield 32 dwelling units. If four unrelated people live in each of the units, there could be 128 unrelated people in one block, and at least 128 cars. Granting this variance would open the door to many problems. Mrs. Wa gner said that the people who live in the neighborhood want to obey the law and l ive in a single-family neighborhood, and there are very few areas devoted to single-family residences. Quoting from the Comprehensive Zoning Ordinance, Mrs. Wagner said that the regulations for this district are designed to "stabilize and protect the essential characteristics of the District, and to promote and encourage a suitable environment for family life and to prohibit activities of a commercial nature within the district. To these ends, development is limited to a relatively low concentration; and permitted uses are limited basically to single-family dwellings, educational insti t u tion s , religious institutuions, plus certain public facilities which serve the r esidents of the District." She said that they want to keep the neighborhood as it was when they bought, and asked that the variance be denied. I • • - • • • • • Bo ard of Adjus tment and Appeal s Minutes Page 9 Mr. Ferguson asked if there were any other two-family homes in the area. Mrs. Wagner said that she does not know of any others. There were no further speakers in opposition. Mrs. Romans submitted an additional letter opposed to the variance as Exhibit V. The applicant returned for rebuttal. Ms. Parkhill stated that Fern Barnes told her that the basement was turned into a basement apartment 10 years ago. Mrs. Romans said that any conversion at this address was done without permits or a variance. There is no record of a complaint or inv estigation in the past. Ms. Parkhill said that the City did investigate the apartment and ignored its existence. Ms. Parkhill said that someone who lives on Fox Street is not closely concerned with what is done on her block on Elati Street. There is not an alley through the block, and Mrs. Wagner's house is not connected with Ms. Parkhill's house. She said that if she takes out the kitchen downstairs she can rent out the house to three other people. Mrs . Romans said that the Ordinance permits a house to be occupied by one family, which may be any number of people related by blood, marriage or adoption, or not more than four people who are not related living together as a family unit. Ms. Parkhill said that if the variance were denied, she could still rent out three bedrooms to other people. Mrs. Romans said that is not entirely factual. There can be no boarders, no rental units in the district. They would have to be living there as a family, not as boarders. Ms. Parkhill said that she would charge her daughter if she were living with her. Ms. Parkhill said that her rental unit had been reported to the City because the neighbors do not like her renters in another nearby house. Mr. Fish asked if it is true that she is in the real estate business. She said it is true. The Chairman asked that the Staff Report be made a part of the record. The Staff had no further comments. The Chairman closed the Public Hearing. BOARD MEMBER FISH MOVED THAT THE APPLICANT, NANCY A. PARKHILL, BE GRANTED A VARIANCE FOR CASE NO. 13-84, FOR PROPERTY LOCATED AT 3815 SOUTH ELATI STREET, PERMITTING A TWO-FAMILY USE IN A SINGLE-FAMILY ZONE DISTRICT. THIS IS A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22.4-2 b -PERMITTED PRINCIPAL USES. Board Member Ferguson seconded the motion. Upon a vote, all five members voted in opposition to the variance, and the Chairman ruled that the motion was DENIED. The members gave their findings as follows: Mr. Hallagin stated that he voted "no", because the variance would violate the Zoning Ordinance. There were 48 signatures, with 24 persons present in opposition • The applicant did not meet the six requirements for a variance. Mr. Brown stated that he voted "no" because the applicant didn't meet the six c onditions necessary for a variance. There were many people in opposition, and only two persons in favor of granting the variance • I • • • Board o f Adjustment and Appeals Minutes Page 10 • • • Mr. Fish said the variance would weaken the zoning law, and there were no unique aspects to the property; therefore, he voted "no". Mr. Ferguson said that he voted against the variance, because the varia n c e would benefit only the individual, and would alter the area. Mr. Gage said that the variance would weaken the R-1-A Single-f amily District. He said there was no hardship, and the applicant did not meet the six requirements necessary for a variance; therefore, he voted "no". * * * * * DIRECTOR'S CHOICE. None. BOARD'S CHOICE. Mr. Ferguson asked if real estate agents could be required to warn buyers of illegal uses. The meeting adjourned at 9:20 p.m. • I . - • • • • MEMORANDUM TO: FROM: Dorothy Romans, Assistant Director of Community Development Gene Macrander, Chief Building Inspector DATE: April 5, 1984 SUBJECT: Findings of the Housing Inspection Conducted at 381J So. Elati, Englewood,CO Listed below are my findings of the housing inspection that was conducted on this date for the Board of Adjustments at 3815 So. Elati, Englewood, CO. l. Smoke alarms are needed in the upper and lower levels. 2. Furnace number 2 is located in a sleeping area. 3. There is storage under an unprotected stair. 4. There are no escape windows from above. 5. Water ground is disconnected. 6. There is no ceiling in upper sleeping room. 7. Furnace number 1 in downstairs kitchen should be isolated with combustion air provisions. 8. Basement shower is in need of repair to floor, walls and ceiling. 9. There are light pull chain fixtures in bath and shower. 10. There is no switched lighting in bedrooms and there are not enough receptacles . 11. There is not enough natural light and ventilation. 12 . The exit through a sliding door is in violation of the Building Code . tzy recommendation is that this not be allowed for use as a basement apartment. • I • - ( • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION 5 MAY 8, 1984 I. CALL TO ORDER. The regular meeting of the Englewood Planning and Zoning Commission was called to order by Chairman McBrayer at 7:00 P, H. Members present: Magnuson, McBrayer, Stoel, Venard, Barbre Romans, Assistant Director of Community Development Members absent: Becker, Carson, Tanguma, Allen Also present: Susan T. King, Senior Planner Jack OlRen, City Attorney II. APPROVAL OF MINUTES. April 17, 1984 Chairman McBrayer stated that the Minu tes of April 17, 1984 were to be considered for approval. Magnuson moved: Stoel seconded: The Minutes of April 17, 1984 be approved as written. AYES: Magnuson, McBrayer, Stoel, Venard NAYS: No ne ABSENT: Carson, Tanguma, Allen, Becker ABSTAIN: Barbre Chairman McBrayer ruled the motion passed, and the Minutes approved as written. III. DARTMOUTH INDUSTRIAL PARK Paul Welbourne, Applicant CASE #20-84 Mr. McBrayer stated that the decision on the proposed amendment to the Dartmouth Industrial Park Planned Development had been tabled at the last meeting; however, he would ask that the Public Hearing be reopened to hear further testimony. Venard moved: Barbre seconded: The Public Hearing on Case 120-84 be re~pened. AYES: Magnuson, McBrayer, Stoel, Venard, Barbre NAYS: None ABSENT: Tanguma, Allen, Becker, Carson The motion carried. I • • • • • -2- Mr. McBrayer noted that at the meeting of April 17th, the public not lee of the public hearing was submitted for the record, and the staff report was made a part of the record. The Planning Commission expressed concern at the last meeting about the landscaping that was indicated, both on the original Planned Development, and on the amendment. The Couuuisslon <.letcr- mined that the landscaping on the existing development should be in com- pliance with the landscaping approved on the original plan. The Commission also wanted more detail on the landscaping proposed for the section to be developed under the proposed amendment. Mr. McBrayer asked if the staff had anything further to add, or if memhers of the Commission had any questions at this time. Mr. McBrayer then asked the applicant to make his presentation. Mr. Arnold Vollmers 420 East 58th Avenue -stated that he was a representative of Mr. Welbourne, the applicant. Mr. McBrayer stated that Mr. Vollmers was sworn in at the Public Hearing on April 17th, and would not need to be sworn in again. Mr. Vollmers stated that Mr. Welbourne has expressed concern that the pro- posed landscaping strip shown on the plan identified as Exhibit B, and which is shown on the southwest part of the development, would inhibit access to an area of the development; the structure is leased, and the tenant may sub-lease part of the building, but there would be no access or very limited access to that portion of the building that could be sub- leased. Discussion ensued. Mr. Vollmers stated that if the usability of that area is restricted by poor access, they could end up in a legal battle. lle suggested that a curh cut on th'l.s southwest strl.p of laml- scaping would provide the needed access. Mr. McBrayer stated that he would have no problem with a curb cut at that point. Mrs. Romans indicated that the staff would not object to a curb cut to provide access. Mr. Vollmers discussed a possibility of extending a three foot strip of landscaping, but noted that it would only provide an over-hang for vehicles, Mr. Vollmers stated that the width of the planting strip along West Dart- mouth Avenue on the corner property has been increased to 30 feet; they have investigated types of landscaping which may be planted, and have determined that a type of juniper with a maximum height of three feet would be acceptable. Mr. Vollmer& pointed out that there is a problem with tree heights along this area because of the Public Service lines. Mr. Vollmers stated that a form of river rock landscaping will be used throughout the development. Mr. Vollmer& stated that he understood Mr. l~elbourne and Harold Stitt of the Planning staff have dilcusaed the im- provement of landscaping along West Dartmouth Avenue; this will have to be resolved with the landowners and tenants of this part of the Industrial Park. Mr. McBrayer asked who on staff would be reviewing the landscaping as planted to determine compliance with the Plan prior to issuance of the Certificate of Occupancy. Mrs. Romans stated that Senior Planner King would be the individual determining compliance • I • • • • • • -3- Mr. Magnuson asked if the proposed landscaping would bring the square foot- age to 71,000 as cited on the original plan. Mr. Vollmers stated that the additional landscaping brings the total square footage to considerably above that. Mr. McBrayer asked if Mr. Vollmers could give a maximum size on the curb cut they want on the southwest part of the plan. Mr. Vollmers stated that it would probably be between 60 ft. to 70 ft. Mr. McBrayer asked H staff had additional comments. Mr. McBrayer asked if there were any persons in the audience who wished to speak in favor of or in opposition to the proposed amendment. There were no persons present who wished to address the Commission. Mr. Venard noted that the portion along West Dartmouth Avenue does not belong to Mr. Welbourne; he asked Hr. Vollmers what he felt the chances were of getting improved landscaping in this area. Mr. Vollmers stated that the property owners may agree to improve the grass that has been planted, but did not anticipate shrubs, trees, etc. He stated that he was not sure whether Mr. Welbourne has discussed this with the property owners yet. Mrs. Romans suggested that an agreement should be prepared covering the matter of the landscaping, the curb cut, etc. and signed by Hr. Welbourne and the City; this would put Mr. Welbourne on notice of what is expected of him and he would be aware that a Certificate of Occupancy will not be issued until the landscaping is completed. Mr. McBrayer stated that if there were no further questions from the Com- mission, or comments from the staff or audience, he would entertain a motion to clos e the Public Hearing. Magnuson moved: Stoel seconded: The Public Hearing on Case #20-84 be closed. AYES : Mc Bray er, St e el, Venard, Barbre, Magnuson NAYS: None ABSENT: Tanguma , All en, Becker, Carson The motion carried, Mr. Barbre asked wheth e r h e would be eligible to vote on this matter, inas- much as h was absent at t h e l as t mee ting . Hr . McBrayer asked if Hr. Barbre had read the minutes of the meet i ng. Hr. Barbre stated that he did. Mr. Mc Bray er stated tha t he f e l t Mr. Barbre would be eligible to vote on this ma tter. City Atto rney Olsen agreed that Mr. Barbre would be eligible to vote . Stoel moved: Ma gn uson seconded: The Planning Co.mission approve the aaendaent to the Dartmout h I ndu s tria l Park Planned Development with th follo wi ng co nditions: 1. Th e l andscaping plans shown on the oriainal Planned Development dated October 10, 1973, and the amend- ment to the landscaping plan dated March 8, 1984, be implemented prior to issuance of a Certificate of Occupancy • I • • • Discussion ensued. • • • -4- 2. A curb cut may be provided on the southwest corner of the building addressed as 3155-3199 South Platte River Drive, as defined by the existing easement for the roadway, not to exceed 60 feet on the diagonal in width. 3. The terms of this motion be reduced to a written agreement, to be prepared by the Planning staff and to be signed by Mr. Paul Welbourne, to give him notice of these conditions. Further, that the Commission refer the amended Planned Development to the City Council with a recommendation that it be approved subject to the conditions as stated. The vote on the motion was called: AYES: Steel, Venard, Barbre, Magnuson, McBrayer NAYS: None ABSENT: Tanguma, Allen, Becker, Carson The motion carried. IV. FINDINGS OF FACT. Fences and Retaining Walls CASE #18-84 Mr. McBrayer stated that the Findings of Fact for Case 118-84 were to be considered. He asked for a motion to approve the Findings, Mrs. Romans asked to address the Commission concerning the Fence Ordinance. Mrs. Romans reviewed discussions that various members of the staff have had concerning the situation in which the rear yard of one property abuts the side yard of an adjoining property, and the concerns that have been expressed by various staff members regarding the possible safety hazard the fence could create. Discussion ensued. Mr. McBrayer pointed out that the Commission had taken action to control the height of fences wherein a rear yard abuts a side yard, and this wording was to be incorporated into the regulations. for Fences and Retaining Walls. Further discussion ensued. Magnuson moved: Steel seconded: The Findings of Fact for Case 118-84 be approved as written. AYES: Venard, Magnuson, McBrayer, Steel NAYS: None ABSENT: Tanauma, Allen, Becker, Caraon ABSTAIN: Barbre Chairman McBrayer ruled the motion carried, and the Findinaa of Fact ap- proved as written • I • • t • • • • -5- V. PUBLIC FORUM. There was no one in the audience to address the Co~nission. VI. DIRECTOR'S CHOICE. Mrs. Romans stated that on May 7, 1984, the City Council held a Public Hearing on the proposed amendments to the R-3, B-1, B-2, P.o., and Design Guidelines sect ions of th e> Comprchen s i.v c Zoni.n c Ord i.no1n cc . Seco nd r c "u ln ~; of these proposed amendments will be on Hay 21, and if approved by City Council, should be in effect right after that. City Attorney Olsen stated that an Emergency Clause is part of the Ordinance and the amendments would be in effect the next day, or May 22. Mr s . Romans stated that amend ments to the Master Street Plan are up-coming, and will be referred to the various City Departments for their co~ents. This will be an item on an agenda of the Comm i ssion in the near future . VII . COMMISSIONER'S CHOICE. Mr . McBrayer read a letter to Mayor Ot is , which let t er i s signcu by Mr. McBraye r as Chairman of the Commission, regarding support of a new City Ha l l . The Commis s ion approved the fin al draft of the letter, and it will b e forwarded to Mayor Otis. Mr . McB rayer r ecognized City Attorney Olsen, and welcomed him to the meeting. Mr. Venard stated that the landscaping ordinance has a requirement that any l and s caping which is installed shall be maintained; he asked if a simila r requirement on the maintenance of the landscaping could be applied t o the Pl anned Development amendment approved earlier, or would the land- scaping o r dinan c e apply. Mrs. Romans stated that this provision would be incorporated in the agreem en t with Mr. Welbourne. The meeting adjourned at 8:45 P. M. • I • • - I • • • • WATER AND SEWER BOARD May 8, 1984 Regular Meeting The meeting was called to order at 5:00 p.m. The Chairman declared a quorum present. Members present: Members absent: A 1 so present: Best, Haviland, Fullerton, Resley Higday, Otis. Gulley Vobejda. Lay Stewart Fonda, Director of Utilities 1. KOPPERS COMPANY-LETTER OF APRIL 20, 1984 Mr. Fonda asked the Board members if they had any questions concerning the letter to the Forest Service regarding the forest exchange proposed by the Koppers Company. Most of the Board members desire to have the City Attorney or Mr. Fonda interpret the contents of the agreement at the next meeting. 2. MINUTES OF APRIL 10. 1954 MEETING Mr. Fullerton stated that the minutes of the April meeting were not correct as written. that item 9 should be corrected as follows: Rob Roy's request for water at 3250 So. Platte River Drive be removed from the table for discussion. Mr. Fullerton moved; Mr. Resley seconded: A.yes : Nays: Absent: Motion passed . To approve the minutes of April 10. 1984 regular meeting as corrected. Best. Haviland, Fullerton. Resley, Higday. Otis, Gulley None Vobejda, Lay • I • c • • • • 3. CONSIDERATION OF POLICY IF STOP BOX DOES NOT WORK Mr. Higday stated that he had received a call concerning the respon- sibility of homeowner's for the curb stop and stop box. He felt that most people didn't know whether their curb stop was operable and didn't know its location. Mr. Fonda informed the Board that the Code states that: Every owner of property using water shall provide a curb stop .•.. outside of his premises and protected by a stop box of which the water may be turned on or off from the premises by any employees of the Water Division. and shall maintain the same in good working order (15-3-35). The Board requested that the Utilities Division continue to work with home owners to locate their shut-off valve when requested. When repairs required street excavation the Board felt it proper for the Utility to provide this service if the homeowner corrected any deficiencies in his service to the house. The Director could. however. charge the homeowner if the homeowner had deliberately injured the stop box or refused to upgrade his own service. 4. FIRE HYDRANT FLUSHING Mr. Fonda informed the Board that prior to any future fire hydrant flushing a paid ad will be placed in the Sentinel. It appears that a news release item is printed only if there is space in the paper. Numerous complaints were received from property owners that they weren't informed of the work project. Board members also requested that an article appear in the Citizen when time permits. 5. SHERMAN ELEVATED STORAGE TANK Mr. Fonda reviewed events prior to filling the elevated storage tank. He stated that most of the people in the Zone 2 area are delighted with the increase in pressure and some have taken the time to call the Department and inform them. The meeting adjourned at 6:00 p.m. The next Englewood Water and Sewer Board meeting will be held June 12. 1984 at 5:00 p.m. in the Library Conference Room. Respectfu~bmitted. rttbe!t~~ Cathy Burrage Recording Secretary -2- I • • ( • • • • ENGLD.OOD DOWNTOWN DEVELOPMENT AUTHORITY 3535 S. Sherman -Englewood, CO 80110 MINUTES May 16, 1984 Board ~embers Pr esent : Close, Coleman, Green, Kaufman , Mausolf, Neal, Owens, Pendleton, Tomooka Board }!embers Absent: Holthaus, Maxwell Staff Present : M. Haviland, P . Dietrich Guests: Andy McCown, Susan Powers, Ed Cordova 5 0 Chairman Tomooka called the r egular meeting of the Englewood Downtown Develop- ment Authority Roa rd of Directors to order at 12:01 PM on May 16, 1984. The minutes f rom the April 11 , 1984 meeting were pr esented fo r approval. Hr. Kaufman moved, seconded by Mr. Pe ndleton, to approve the minutes from the previous meeting . The motion was passed unanimously by voice vote. Mr. Pendleton presented the treasurer's report as of April 30, 1984. Mr . Kaufman moved, seconded by Mr. Mausolf, to approve the Treasurer's Report. The motion was passed unanimously by voice vote. CHAI~AN 'S REPORT New Board Members -There will be two positions open on the Board of Directors on July 1, 1984. It was noted that a majority of the board members must be property owners in the downtown district. Mr. Kaufman moved, second ed by Ms. Owens, to forward the following names to City Council for appointment to the EDDA Board: Ken ~ausolf and J. C. Maxwell as primary considerations; Michael Johnson from Cinderella Ci t y, a representative from Swedish Medical Center, and Ed Cordova, a Broadway merchant as secondary recommendations. The motion was passed unanimou sly by voice vote. I • • • Page Two Minutes May 16, 1984 • • • City of Englewood Chamber of Comme rc e -Request for $5 ,000 -Mr. Coleman presented a proposed allocation of $5 ,000 as requested from EDDA : Promotional: Panc ake Breakfast Englewood Parade Christmas a dvertising Retail Advertising: Institutional adv . Technical s upport fo r merchants $1,500 800 400 2,000 300 Mr. Neal mov e d, seconded by Mr . Mausolf, to support the City of En glewood Chamber of Commer ce proposal. Upon a roll call vote: Close, aye; Coleman, aye; Green, abstain; Kaufman , no; Mausolf, aye; Neal, aye; Owens, no; Pendleton, no; Tomooka aye. The motion was passed by a vote of 5 ayes, 3 nos, and one abstention. Resolution -The following resolution was presented to recognize Clete Gassen's contribution to the EDDA and the community of Englewood: WHEREAS, Clete Gassen has served on the Englewood Downtown Development Authority Board of Directors for four years; and WHEREAS, Clete Gassen has been actively interested in the pro- motion of the redevelopment of downtown Englewood; and WHEREAS, Clete Gassen has displayed leadership that has pro- vided a positive direction for t he Englewood Downtown Development Authority; and WHEREAS, Clete Gassen has demonstrated a commitment to the revitalization of Englewood; NOW, THEREFORE LET IT BE RESOLVED that the Board of Directors sincerely thank Clete Gassen for his public service , work, commitment and dedication to the Englewood Downtown Development Authority. Mr. ~ausolf moved, seconded by Mr. Pendleton, to adopt the resolution. The motion was passed unanimou sly by vo ice vote . • I • • - \ • • Page Three Minutes May 16, 1984 • • - Other -Mr. Coleman presented a resolution to send to City Council to have them reconsider the downtown plan. After a lengthy discussion, the reso- lution died for lack of a motion. Other -Mr. Pendleton presented a resolution directing the EDDA to focus its upcoming work program on the study and development of long r ange plans for the area generally east of Broadway. It was seconded by Ms. Owens. The Board then authorized the Executive Committee to consider a funding request to undertake a marketing analysis of this area, and to work with Cinderella City in their proposed marketing research. It was noted that any study and plans should be undertaken cautiously at this time. The motion was passed unanimousl y by voice vote . DIRECTOR'S REPORT CDBG Funds -Ms. Powers noted that a change in the nature of the loan program will be renegotiated with the First Interstate Bank. Instead of low inter est loans for the facade program, it is proposed to use most of these funds in large blocks of money for renovations of buildings for businesses that elect to stay in Englewood. It is hoped that this will broaden the use of the money. She also noted that $1 ,000,000 has been funded to the Statewide Development Corporation. Rachel Owens will be a member of the Board of Directors. Urban Renewal Authority -Mr. Kaufman questioned the timing of the payments for displaced merchants from the Urban Renewal Authority. Ms. Powers noted that several requests were being processed this week. Safeway Property -Mr. Haviland noted that a letter of understanding between Safeway and the EDDA has acknowledged that the Safeway property will not be on the market until August, 1984. Various alternatives are being investi- gated as to the possibilities of renovating the property for the Acoma merchants or other businesses that will be relocated because of the redevelop- ment project. There is no viable proposal at this time, however. Clean Up Analysis -A discussion as to whether or not to continue this clean up program and if so, to what extent, has been postponed until the June Board meeting • • I • - • Page Four Minutes May 16, 1984 • • • Broadway Facade Program -Ron Abo has prepared a rendering of the east side of the 3400 block of South Broadway. This will be used for further information and promotion to the merchants and property owners. About 25% of the funds for the design assistance program have been used to date. URA MINUTES -Mr. Haviland noted that the April 4, 1984 URA minutes in- correctly stated on page 7 that the letter to be delivered to tenants in the 3300 block of South Broadway was erroneously delivered to the former First National Bank building tenants. This was not an error as the instructions from the Board were to deliver the letter to all tenants in the 3300 block. This was confirmed by all Board members with the exception of one. The Director wanted to clarify the record to both the City Council and the Urban Renewal Authority. Other -Mr. Haviland mentioned that he had been elected to the Board of Directors for the Colorado Chapter of the American Marketing Association. Other -Several Flyers were distributed to the EDDA concerning the down- town redevelopment project. Ms. Owens moved, seconded by Mr. Kaufman, that the EDDA not support the position as presented by these flyers. The motion was unanimously passed by voice vote. Other -Mr. McCown noted that the public relations frim hired by Brady and Dorothy Dalquist are planning a ground breaking ceremony and event for the King Soopers building. Executive Session -The Board recessed into Executive Session at 1:55 PM. The Board came out of Executive Session at 2:20PM. As there was no further business, the meeting was adjourned at 2:21 PM. • I • • ( .( • lNGlUWOOO DOWN10WN DfVli.OPMINT AUTIIOIITY 3535 s Sherman- Eng~Qwood . Colorado 110110 Phorw 303178l -7885 Mayor Euaene Otis City of Englewood 3400 South Elati !nalewood, Colorado 80110 Dear Mayor Otis: • • • ---------------- May 29, 1984 The Board of nirectors of the Englewood Downtown Development Authority recommends that Mr. Ken Mausolf and 'Mr. John C. Maxwell be reappointed to the Board. As secondary considerations, the Board recommends that representation froa Cinderella City, Swedish ~edical Center, and the Broadway mer- chants be included in the appointments. Fbr these, the Board reco-ends Michael Johnson, John Oswald, and Ed Cordova, respectively. Should you have any questions, please do not hesitate to call me. Sincerely, ~~~{<~ Michael K. Haviland Executive Director HIOI/pd RECEIVED MAY :J 0 198~ Cn¥ MANAGER 'S OFFICE ENGLEWOOD • I • • ( • • • • -------------- \ I MAUSOLF CLASSIC CARS, LTD .j featuring ::Rolls-::Royce May 7' 1984 City of Englewood 3400 S. Elati Street Englewood, Colorado Attention: Mayor Otis Dear Mayor Otis; RECEIVED i·i M l 0 19 8-1 CITY MANA G(IfS OFFICE EN GLEWOO D It is my sincere desire to remain on the Development Authority as would like to be involved in the progress and completion of all of our time and efforts and plans to make these great things happen for Englewood and our entire community. Please relay my sincere feeling s and desires to the City Council. (Sin~ ~~Mausolf KM/ds cc: Andy McCown, City Manager Walt Tamooka, Chairaan, EDDA Mike Haviland, Execu tive Director, EDDA 3435 SOUTH BROADWAY I ENGLEWOOD, COLORADO 80110 I 303 ·761-4680 • 303 ·761 ·4666 • I • • ( I ( I I I 1 • • • - --~--~-...-..=-~.-:;__-__ -::;.:::: .. --------~:.:..:.:....:,::: ::.=--------- BY At:riliORITY Vl(., ORDINAOCE NO •. -:,:;{~"--- SERIES OF 1984 COUNCIL BILL NO. 17 Uli'RODOCFD BY COUOCIL MEMBER BILO AN ORDINAOCE VACATING STREET RIGIT OF WAY AND A SANITARY SEWER EASFl1ENI' AND Aa:EPI'ING AN EASEMENT FOR A tao~ WATER LINE IN THE VICINITY OF SOUTH SHERMAN STREET, U.S. 285, AND S<XJTH LOGAN STREET. tD-1, THEREFORE, BE IT ORD!UNED BY THE CITY OXJNCIL OF THE CITY OF ENGLEWOJO, COLORAOO, as follows: Section 1. 'lhe hereinafter described property located in the city of Ehglewood, Arapahoe County, Colorado, be and the same is hereby declared vacated pursuant to the provisions of Part 3, Article 2, Title 43, Colorado Revised Statutes, and title thereof shall vest in &.FEWAY STORES, IICORPORATID, a Maryland Corporation, said vacated land being more particularly described as follows: South Grant Street vacation: A. B. '!hat portion of vacated South Grant street ltttlich is adjacent to the west side of Lot 12 through Lot 16, Block 4, Birch's Addition to South Broadway Heights, Second Filing, and adjacent to the east side of Lot 35 through Lot 39, Block 3, said South Broadway Heights. 'lhe City shall retain an easanent on the foregoing parcel for utility purposes through a utility agreement as found in Exhibit A. South Grant Street/South IDgan Street alley to be vacated: '!hat portion of vacated Grant/IDgan alley ltttlich is adjacent to the east side of Lot 12 through Lot 18 and adjacent to the west side of Lot 33 through Lot 39, Block 4, Birch's Addition to South Broadway Heights, Second Filing. 'lhe City shall retain an easanent on the foregoing parcel for utility purposes through a utility agreement as found in Exhibit A. c. Parcel A. All of Lot 17, Block 4, Birch's Addition Second F1llng, to South Broadway Heights. Parcel B. Carmencing at the Northwest corner of said Lot 17, thence Southerly along the West line of Lot 17 to the Southwest corner of said Lot 17; thence Westerly along the extended South line of Lot 17, a distance of 40 feet; thence Northerly and parallel to the West line of said Lot 17, a distance of 25 feet; thence Easterly along the extended North line of Lot 17, a distance of 40 feet to the point of beginning. • 4. I • • ( • • • - All in the County of Arapahoe, State of Colorado. Section 2. 'Ibat ~y STORES, IOCORPORATED, a Maryland Corporation, shall grant to the the City of Englewood a utility easement over, in and through the hereinafter described real property located in the City of Englewood, Comty of Arapahoe, State of Colorado, with appropriate title policy for the same: --=--_.::__ -----------·:::. --- An easement for utilities located in Block 3, Birch's Addition to South Broadway Heights, Second Filing, and in a portion of vacated South Grant Street adjoining said Block 3, Arapahoe County, Colorado, more particularly described as follows: All of Lot 12 and the North 5 feet of Lot 13 together with all of that part of the vacated alley lying East of Lot 12 and the North 5 feet of Lot 13, and the North 20 feet of Lot 39 together with the west 50 feet of vacated Grant Street lying East of the North 20 feet of Lot 39, and the west 20 feet of Lots 13 through 21, inclusive, and the North 10 feet of the west 20 feet of Lot 22. 'Ibe form of said easement shall be as found on EKhibit A hereto. Section 3. ~Y STORES, IOCORPORATED, a Maryland corporation, shall grant to the City of Englewood an easement over, in and through the following described property for alley and public right of way purposes with appropriate title policy for the same: A portion of Lots 11, 12 and 13, Block 4, in Birch's Addition to South Broadway Heights, being the Second Filing, together with a part of vacated South Grant Street and a part of the vacated alley which is located east of said Lots 12 and 13, more particularly described as follows: Beginning at a point on the North line of said Lot 12 extended west which is 22 feet west of the Northwest corner of said Lot 12; thence on a curve concave to the Northeast an arc distance of 43.33 feet and lotlose long chord bears S 51 degrees 19'04" E a distance of 40.10 feet to a point that is 9.25 feet East of the Northwest corner of said Lot 13 and lies on the North line of said Lot 13, said curve has a central angle of 77 degrees 34'58", a tangent length of 25.72 feet and a radius of 32.00 feet; thence S 89 degrees 53' 27" E along the North line of said Lot 13 a distance of 83.99 feet; thence along a curve to the left an arc distance of 50.08 feet to a point on the East line of said Lot 11, said point also being on the west line of said alley, said curve has a central angle of 89 degrees 39' 36", a tangent length of 31.81 feet, a radius of 32.00 feet and lotloae chord bears N 45 degrees 16'43" E a distance of 45.12 feet; thence s 89 degrees 34'05" E a distance of 16 feet to the East line 2 • I • • I I I ( • • • • . -__ . .;...-_:-_;_-;..:-:.--~....:.--~ -=-.:......:--=-::---=-- of said alley; thence along a curve concave to the ~rthwest an arc distance of 75.12 feet and lotlose long chord bears S 45 degrees 16 1 34" W a distance of 67.68 feet to a point that is 16 feet South of the ~rth line of said Lot 13; said curve has a central angle of 89 degrees 39 1 58", a tangent length of 47.72 feet and a radius of 48.00 feet; thence N 89 degrees 53 1 27" w and parallel with the ~rth line of said Lot 13, a distance of 83.94 feet to a point of curve; thence along said curve to the right an arc distance of 68.56 feet, said curve has a central angle of 81 degrees 49 1 58", a tangent length of 41.60 feet and a radius of 48.00 feet and whose chord bears N 49 degrees 11 1 33" W a distance of 62.88 feet; thence 89 degrees 53 1 27" E a distance of 16.26 feet to the point of beginning; all in the Cl:>ooty of Arapahoe, State of Colorado, containing 3,580 square feet (0.0822 acres) more or less. '!he form of the easanent shall be as found in EKhibit B hereto. Section 4. 'Ibis vacation ordinance shall becane effective to vacate said property when the Mayor and ex officio City Clerk- Treasurer execute a copt hereof and deliver to ~Y Sl'ORES, INCORroRATID. Introduced, read in full, and passed on first reading on the 21st day of May, 1984. 1984. Published as a Bill for an Ordinance on the 23rd day of May, Read by title and passed on final reading on the 4th day of June, 1984. Published by title as Ordinance ~. , Series of 1984, on the 6th day of June, 1984. ·--- Attest: &~gene L. Ot1s, Mayor ex ofhc1o City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Ehglewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copt of the Ordinance passed on final reading and published by title as Ordinance ~. , Series of 1984. --- Giry R. H1gtiee 3 • I • • ( • • • - --......... --.&!!.. ------ GRANT OF UTILITY FASEMENI' nns GRANT of a utility easement (this "Grant") is made this day of , 1984 by SAF&lAY STORFS, OCORPORATED, a Maryland Corporation, ("Grantor") whose address is No. 5 Parker Place, 2600 Parker Road, Suite 250, Aurora, CO 80014, in favor of the CITY OF ENGL~OOD, COLORAOO, ("Grantee") whose address is 3400 South Elati Street, Englewood, CO 80ll0; 'nle parties covenant and agree as follows: 1. Easement Proeerty. 'nle "Easement Property" shall mean the real property located 1n the County of Arapahoe, State of Colorado, more particularly described as follows: A parcel of real property located in Block 3, Birch's Addition to South Broadway Heights, Second Filing, and in a portion of vacated South Grant Street adjoining said Block 3, Arapahoe County, Colorado, more particularly described as follows: All of rot 12 and the North 5 feet of rot 13 together with all of that part of the vacated alley lying East of rot 12 and the North 5 feet of rot 13, and the North 20 feet of rot 39 together with the West 50 feet of vacated Grant Street lying East of the North 20 feet of rot 39, and the West 20 feet of rots 13 through 21, inclusive, and the North 10 feet of the West 20 feet of rot 22. A. South Grant Street: '!hat portion of vacated South Grant street which is adjacent to the west side of rot 12 through rot 16, Block 4, Birch's Addition to South Broadway Heights, Second Filing, and adjacent to the east side of rot 35 through rot 39, Block 3, said South Broadway Heights. B. South Grant Street/South l:ogan Street alley: '!hat portion of vacated Grant/Logan alley which is adjacent to the east side of rot 12 through Lot 18 and adjacent to the west side of rot 33 through rot 39, Block 4, Birches Addition to South Broadway Heights, Second Filing. 2. Consideration. As consideration for this Grant, Grantee has paid Grantor the &1111 of <be Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged by Grantor. Exhibit A • I • • • • ,. - 3. Grant of Utilit~Easanent. Grantor hereby grants to Gr a n t ee, its successors a ass1gns, a perpetual, nonexclusive easanent (the "Utility Easanent") over, under, across and through the Easanent Property for the purpose of constructing, operating, ma i n t aining, repairing, replacing, ranoving and enlarging the "Lines and Appurtenances", as hereinafter defined. 'lbe "Lines and Appurtenances" shall mean one or more utility pipelines and all necessary underground and surface appurtenances thereto necessary or desirable for the transnission of water, sewer, electrical impulses or other utilities, inclwing, but not limited to, mains, conduits, vaults, ventilators, electric or other control systems, cables, wires and connections. 4. Access. Grantee shall have the perpetual, nonexclus i ve right of ingress and egress in, to, over, through and across the Easanent Property for any purpose necessary or desirable for the full enjo:tment of the rights granted to Grantee under this Grant. 5. Restoration. Grantee agrees that after the construction, maintenance, repau, replacanent, or enlarganent of any of the Lines and Appurtenances, Grantee shall restore the surf ace of the Easanent Property as nearly as reasonably possible to the grade and condition it was in imnediately prior to said construction, maintenance, repair, replacanent, or enlarganent, except as may be necessary to accarmodate the Lines and .1\ppurtenances. Grantee agrees to restore and repair any improvanents of Grantor on the Easanent Property ..tlich are damaged, modified or altered by Grantee during said construction, maintenance, repair, replacanent or enlargement. Grantee further agrees to replace any topsoi 1 removed fran any cultivated or agricultural areas on the Easanent Property and to ranove any excess earth resulting fran said construction, maintenance, repair, replacanent or enlarganent, at Grantee's sole cost and expense. 6. ~ Jmprovanents. Grantor covenants and agrees not to construct, erect, place or plan any "Improvanents", as hereinafter defined, on the Easement Property without obtaining the prior wr i tten consent of Grantee. "Improvanent s" shall mean any structure o r bu ild i ng. Grantee shall have the right to remove, without any liability to Gr antor, any improvanents constructed, erected, placed or planted on the Easement Property wi thout Grantee's having obtained the p rio r wr itten consent o f Grantor . 7. 9.lb j acent and Lateral &lppc;>r t . Grantor covenants and ag rees that Grantee shall have the nght of sl.i>jacent and lateral support on the Easanent Property to whatever extent is necessary or des i rable for t he full, canplete and undisturbed enjo:tment of the r i ghts granted t o Grantee under this Grant. B. Rights o f Grantor. Grantor reserves the full right to the lnd i sturt:Jed ownership, use, and occ\4)anCy of the Easanent Property i nso far a s sa i d owners h i p, use, and occupancy is consi stent with and does not impa ir the rights granted to Gr:antee i n this Gr:a nt. 2 • [ I • - • \ • • • • 9. Abandorment. In the event that Grantee shall abandon the rights granted to 1t under this Grant, all right, title and interest hereunder of Grantee shall cease and tell!linate, and Grantor shall hold Easenent Property, as the &cl1le may then be, free fran the rights of Grantee so abandoned and shall own all materials and structures of Grantee so abandoned, provided that Grantee shall have a reasonable period of time after said abandorment in which to remove any or all Lines and Appurtenances fran the Easenent Property. In the event that Easenent is abandoned by Grantee, Grantor shall have the right, at its sole option, to require Grantee to remove or neutrali11e any impl::ovanents constructed in the Easenent by Grantee. 10. Warranty of Title. Grantor warrants and represents that Grantor is the fee simple owner of the Easenent Property and that Grantor has full right, title and authority, that this Grant is effective to grant and convey to Grantee the Utility Line Easenent, and that this Grant of an easenent is superior to all other grants. Grantor further covenants and agrees to indannify, defend and hold Grantee hall!lless fran and against any adverse claim to the title of the Easenent Property by all and every person or persons lawfully claiming or to claim the whole or any part thereof. ll. Binding Effect. 'lbis Grant shall extend to and be binding upon theheirs, personal representatives, successors and assigns of the respective parties hereto. '1tle tell!ls, covenants, agreanents and conditions in this Grant shall be construed as covenants running with the land. IN WITNFSS WHERECF, the parties hereto have executed this Grant of Utility Easenent the day and year first above written. GRANI'OR: Attest: STATE CF. COLORAOO ss. CXXJNTY OF k:knowledged before me this ___ day of -----' 19 --------------as .ool ------------------------as _______________ __ My COmmission expires: 3 • Notary PUbllc ~ress: I • • • • • ---~~------------~------~....=~--"----· --- • GRANI'EE: Attest: Title: 8l'ATE <F COLORADO as. AcknowledgEd before me this ___ day of -----' 19 by __________ as and ----------as~---------------------------- My Commission expires: 4 Notary PUbllc llddress: I l I • • l • • • - GRANT OF EASEMENr THIS GRANT of alley easanent (this "Grant") is made this day of , 198 by ------( "Gra-n""'"t-o-r"'""'""> -\ltl~o-s_e_add~,...r-e_s_s~ls- , in favor of ~the~~C~IT~Y~OF~~ENGL~~EW~OOD~~.-CO~LO~RADO~~.-(~'"'G~r~a~n~t-ee-..":-)-wh~ose address is 3400 S. Elati, Englewood, CO 80110. '!he parties covenant and agree as follows: 1. Easanent Pro~rty. '!he "Easanent Property" shall mean the real property located 1n the County of Arapahoe, State of Colorado, more particularly described as: A portion of Lots 11, 12 and 13, Block 4, in Birch's Addition to South Broadway Heights, being the Second Filing, together with a part of vacated South Grant street and a part of the vacated alley which is located east of said Lots 12 and 13, more particularly described as follows: Beginning at a point on the North line of said Lot 12 extended west lotlich is 22 feet west of the Northwest corner of said Lot 12; thence on a curve concave to the Northeast an arc distance of 43.33 feet and \otiose long chord bears S 51 degrees 19'04" E a distance of 40.10 feet to a point that is 9.25 feet East of the Northwest corner of said Lot 13 and lies on the North line of said Lot 13, said curve has a central angle of 77 degrees 34' 58", a tangent length of 25.72 feet and a radius of 32.00 feet; thence S 89 degrees 53' 27" E along the North line of said Lot 13 a distance of 83.99 feet; thence along a curve to the left an arc distance of 50.08 feet to a point on the East line of said Lot ll, said point also being on the West line of said alley, said curve has a central angle of 89 degrees 39'36", a tangent length of 31.81 feet, a radius of 32.00 feet and \otiose chord bears N 45 degrees 16'43" E a distance of 45.12 feet; thence S 89 degrees 34 '05" E a distance of 16 feet to the East line of said alley; thence along a curve concave to the Northwest an arc distance of 75.12 feet and \otiose long chord bears S 45 degrees 16' 34" W a distance of 67.68 feet to a point that is 16 feet South of the North line of said Lot 13; said curve has a central angle of 89 degrees 39'58", a tangent length of 47.72 feet and a radius of 48.00 feet; thence N 89 degrees 53'27" W and parallel with the North line of said Lot 13, a distance of 83.94 feet to a point of curve; thence along said curve to the right an arc distance of 68.56 feet, said curve has a central angle of 81 degrees 49' 58", a tangent length of 41.60 feet and a radius of 48.00 feet and ~ose chord bears N 49 degrees ll '33" W a distance of 62.88 feet; thence 89 degrees 53'27" E a distance of 16.26 feet to the point of beginning; all in the Co~r~ty of Arapahoe, State of Colorado, containing 3,580 square feet (0.0822 acres) more or less. Exhibit B • I • • ( • • • - 2. Consideration. As consideration for this Grant, Grantee shall pay to Grantor the S\Jil of cne D:>llar ($1.00) and other good and valuable consideration paid by Grantee, receipt of which is hereby acknowledged by Grantor. 3. Grant of Easenent. Grantor hereby grants to Grantee, its successors and ass1gns, and all public utilities or those with proper license or franchise, a perpetual, nonexclusive easenent (the "Alley Easenent") over, under:, across and through the Easenent Property for the purpose of constructing, operating, maintaining, repairing, replacing, ranoving and enlarging those structures or improvanents of Grantee that Grantee finds necessary or desirable for public utility purposes, including, but not limited to, electrical equipnent, telephone equipnent, camnmication equipnent, sewer equipnent, water equipnent, and for public right of way and alley purposes. 4. Access. Grantee shall have the perpetual, nonexclusive right of ingress and egress in, to, over, through and across the Easanent Property for any purpose necessary or desirable for the full enjo:tment of the rights granted to Grantee under this Grant. 5. &lbjacent and Lateral SUpport. Grantor covenants and agrees that Grantee shall have the right of subjacent and lateral support on the Easanent Property to whatever extent is necessary or desirable for the full, canplete and undisturbed enjo~t of the rights granted to Grantee under this grant. 6. Rights of Grantor. Grantor reserves the full right to the undisturbed ownersh1p, use, and occupancy of the Easanent Property insofar as said ownership, use, and occupancy is consistent with and does not impair the rights granted to Grantee in this Grant. 7. No Improvements. Grantor covenants and agrees not to construct, erect, place or plan any "Improvanents," as hereinafter defined, on the Easanent Property without obtaining the prior written consent of Grantee. "Improvanents" shall mean any structure or building. Grantee shall have the right to rEI!Iove, without any liability to Grantor, any improvanents constructed, erected, placed or planted on the Easenent Property without Grantee's having obtained the prior written consent of Grantor. 8. Warranty of Title. Grantor warrants and represents that Grantor is the fee simple owner of the Easenent Property and that Grantor has full right, title and authority, and that this Grant is effective to grant and convey to Grantee the Alley Easanent. Grantor further covenants and agrees to indemnify, defend and hold Grantee harmless fran and against any adverse claim to the title of the Easanent Property by all and every person or persons lawfully claiming or to claim the whole or any part thereof. 2 • I • • [ - • ( • • • • -----· ------.. -------------- 9. Binding Effect. 'lhis Grant shall extend to and be binding upon the heirs, personal representatives, successors and assigns of the respective parties hereto. 'nle teons, covenants, agreements and conditions in this Grant shall be construed as covenants running with the land. IN WITNESS WHEREXF, the parties hereto have executed this Alley Easement the day and year first above written. ~R: Attest: By ________________ _ Title: Title: GRANI'EE: CITY OF ENGL~, COLORAOO Attest: By--~----~~~---&lgene L. Otls, Mayor Gary R. Hlgbee ex officio City Clerk-Treasurer Sl'ATE CF COLORADO ss. 'nle foregoing instr~.~~~ent was acknowledged before me this __ _ day of , 1984 by as -----and attested to bY---------- as------------of-------------- Witness my hand and official seal. Hy Comlission expires: 3 Notary Publlc Address: • I • • t i ( ( • • • • STATE <F COLORADO ss. CXlJNTY <F ARAPAHOE The foregoing instrlmlellt was acknowledgEd before me this day of , 19 by f>.Jgene L. Otis as Mayor and Gary R. Higbee as ex officio crty Clerk-Treasurer of the City of Englewood, Colorado. Witness my hand and official seal. Notary Pubhc 3400 S. Elati My Camlission expires: Englewood, 00 80110 4 • [ [ I . - ( ( • • • - --·-----~~--------------~---- ORDINAOCE 00. d 0 SERIES CF 1984 BY AtmiORITY COUNCIL BILL NO. 17 INI'R()[X£ED BY COUlCIL MEMBER BILO AN ORDINAOCE VACATING STREET RIGfl' CF WAY AN:l A SANITARY S~ EASEMENI' AND AO:EPI'ING AN EASEMENI' FOR A ND-1 WATER LINE IN THE VICINITY OF SOUTH SHERMAN STREET, U.S. 285, AND SOOTH LlXiAN STREET. tvtV, THEREFORE, BE IT ORDIUNID BY THE CITY c:xx.H:IL OF THE CITY CF ~(X)(), COLORADO, as follows: Section 1. The hereinafter described property located in the C1 ty of Englewood, Arapahoe Co~r~ty, Colorado, be and the sc.ne is hereby declared vacated pursuant to the provisions of Part 3, Article 2, Title 43, Colorado Aevised Statutes, and title thereof shall vest in ~Y Sl'ORES, INCORPORATED, a Maryland Corporation, said vacated land being more particularly described as follows: South Grant Street vacation: A. B. 'ltlat portion of vacated South Grant street lotlich is adjacent to the west side of U>t U through U>t 16, Block 4, Birch's Addition to South Broad".ey Heights, Second Filing, and adjacent to the east side of U>t 35 through U>t 39, Block 3, said South Broad".ey Heights. The City shall retain an easement on the foregoing parcel for utility purposes through a utility agreement as folrld in Exhibit A. South Q:ant Street/South IDgan Street alley to be vacated: 'lhat portion of vacated Gl::ant/IDgan alley lotlich is adjacent to the east side of U>t 12 through U>t 18 and adjacent to the west side of Lot 33 through Lot 39, Block 4 1 Birch's Addition to SOuth Broadway Heights, Second Filing. The City shall retain an easement on the foregoing parcel for utility purposes through a utility agreement as found in Exhibit A. c. Parcel A. All of U>t 17, Block 4, Birch's Addition Second F1llng, to South Broach.ay Heights. Parcel B. Ccmnencing at the Northwest corner of said U>t 17 1 thence SOutherly along the West line of Lot 17 to the Southwest corner of said Lot 17; thence Westerly along the extended South line of U>t 17 1 a distance of 40 feet; thence Northerly and parallel to the West line of said Lot 17, a distance of 25 feet; thence Easterly along the extended North line of U>t 17, a distance of 40 feet to the point of beginning. • I • • • - --------------~-...-·----· ----~---........ r ( • All in the County of Arapahoe, State of Colorado. Section 2. '!hat ~y Sl'OR&S, IICORPORATID, a Maryland Corporation, shall grant to the the City of Englewood a utility easement over, in and through the hereinafter described real property located in the City of Englewood, Comty of Arapahoe, State of Colorado, with appropriate title policy for the same: An easement for utilities located in Block 3, Birch's Addition to South Broadway Heights, Second Filing, and in a portion of vacated South Grant street adjoining said Block 3, Arapahoe County, Colorado, more particularly described as follows: All of I.ot 12 and the North 5 feet of Lot 13 together with all of that part of the vacated alley lying East of I.ot 12 and the North 5 feet of I.ot 13, and the North 20 feet of I.ot 39 together with the West 50 feet of vacated Grant street lying East of the North 20 feet of Lot 39, and the West 20 feet of I.ots 13 through 21, inclusive, and the North 10 feet of the West 20 feet of I.ot 22. '!he focn of said easement shall be as folnd on EKhibi t A hereto. Section 3. ~Y STORES, IICORPORATID, a Maryland corporation, shall grant to the City of Englewood an easement over, in and through the following described property for alley and public right of way purposes with appropriate title policy for the same: A portion of I.ots 11, 12 and 13, Block 4, in Birch's Addition to South Broadway Heights, being the Second Filing, together with a part of vacated South Grant street and a part of the vacated alley which is located east of said I.ots U and 13, more particularly described as follows: Beginning at a point on the North line of said I.ot U extended west which is 22 feet west of the Northwest corner of said I.ot 12; thence on a curve concave to the Northeast an arc distance of 43.33 feet and litlose long chord bears s 51 degrees 19'04" E a distance of 40.10 feet to a point that is 9.25 feet East of the Northwest corner of said I.ot 13 and lies on the North line of said I.ot 13, said curve has a central angle of 77 degrees 34' 58", a tangent length of 25.72 feet and a radius of 32.00 feet; thence s 89 degrees 53' 27" E along the North line of said I.ot 13 a distance of 83.99 feet; thence along a curve to the left an arc distance of 50.08 feet to a point on the East line of said I.ot 11, said point also being on the West line of said alley, said curve has a central angle of 89 degrees 39'36", a tangent length of 31.81 feet, a radius of 32.00 feet and ~ae chord bears N 45 degrees 16'43" E a distance of 45.U feet; thence S 89 degrees 34'05" E a distance of 16 feet to the East line 2 • [ [ I • - r ( ( • • • • -------·--·------- of said alley; thence along a curve concave to the ~rthwest an arc distance of 75.12 feet and ~~hose long chord bears S 45 degrees 16 1 34" W a distance of 67.68 feet to a point that is 16 feet South of the ~rth line of said IDt 13; said curve has a central angle of 89 degrees 39 1 58", a tangent length of 47.72 feet and a radius of 48.00 feet; thence N 89 degrees 53 1 27" Wand parallel with the ~rth line of said IDt 13, a distance of 83.94 feet to a point of curve; thence along said curve to the right an arc distance of 68.56 feet, said curve has a central angle of 81 degrees 49 1 58", a tangent length of 41.60 feet and a radius of 48.00 feet and ~~hose chord bears N 49 degrees 11 1 33" W a distance of 62.88 feet; thence 89 degrees 53 1 27" E a distance of 16.26 feet to the point of beginning; all in the O:>mty of Arapahoe, State of Colorado, containing 3,580 square feet (0.0822 acres) more or less. '1he form of the easement shall be as fol.nd in EKhibit B hereto. Section 4. 'Ibis vacation ordinance shall becane effective to vacate said property when the Mayor and ex officio City Clerk- Treasurer execute a copy hereof and deliver to SM»iAY Sl'ORES, INCORFORATID. Introduced, read in full, and passed on first reading on the 21st day of Hay, 1984. 1984. Published as a Bill for an Ordinance on the 23rd day of Hay, Read by title and passed on final reading on the 4th day of June, 1984. Published by title as Ordinance ~ •. ___ , Series of 1984, on the 6th day of June, 1984. Attest: Eugene L. Otls, Mayor ex off1c1o City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Ehglewood, 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 lb. , Series of 1984. --- 3 • I • • • I I I j I I t I i I. I ( I ( I j • • • • GRAN!' OF UTILITY FAStMFNI' 'nUS GRANT of a utility easement (this "Grant") is maee this day of , 1984 by SAE'DVAY STORES, IN::ORPORATED, a Maryland Corporation, ("Grantor") lotlose address is No. 5 Parker Place, 2600 Parker Road, Suite 250, Aurora, CO 80014, in favor of the CITY OF E!G.~OOO, COLORADO, ("Grantee") lotlose address is 3400 South El.ati Street, Englewood, CO 80ll0; '1he parties covenant and agree as follows: 1. Easement Proeerty. '1he "Easenent Property" shall mean the real property located m the County of Arapahoe, State of Colorado, more particularly described as follows: A. A parcel of real property located in Block 3, Birch's Addition to South Broadway Heights, Second Filing, and in a portion of vacated South Grant Street adjoining said Block 3, Arapahoe County, Colorado, more particularly described as follows: All of IDt 12 and the North 5 feet of IDt 13 together with all of that part of the vacated alley lying East of IDt 12 and the North 5 feet of IDt 13, and the tt>rth 20 feet of IDt 39 together with the West 50 feet of vacated Grant Street lying East of the North 20 feet of IDt 39, and the West 20 feet of IDts 13 through 21, inclusive, and the North 10 feet of the West 20 feet of IDt 22. South Grant Street: 'that portion of vacated South Grant street lotlich is adjacent to the west side of IDt 12 through IDt 16, Block 4, Birch's Addition to South Broadway Heights, Second Filing, and adjacent to the east side of IDt 35 through IDt 39, Block 3, said South Broadway Heights. B. South Grant Street/South Logan Street alley: 'that portion of vacated Grant/Logan alley lotlich is adjacent to the east side of IDt 12 through IDt 18 and adjacent to the west side of IDt 33 through IDt 39, Block 4, Birches Addition to South BroadWI!Iy Heights, Second Filing. 2. Consideration. As consideration for this Grant, Grantee has paid Grantor tl'le S\JII of Qle Dollar ($1.00) and other good and valuable consideration, the receipt of lotlich is hereby acknowledged by Grantor. Exhibit A • I • • • • • - 3. Grant of utili~Easanent. Grantor hereby grants to Grantee, its successors ass1gns, a perpetual, nonexclusive easanent (the "Utility Easanent") over, under, across and through the Easanent Property for the purpose of constrocting, operating, maintaining, repairing, replacing, ranoving and enlarging the "Lines and Appurtenances", as hereinafter defined. 'ftle "Lines and Appurtenances" shall mean one or more utility pipelines and all necessary underground and surface appurtenances thereto necessary or desirable for the transmission of water, sewer, electrical impulses or other utilities, irx:looing, but not limited to, mains, conduits, vaults, ventilators, electric or other control systans, cables, wires and connections. 4. Access. Grantee shall have the perpetual, nonexclusive right of ingress and egress in, to, over, through and across the Easanent Property for any purpose necessary or desirable for the full enjo:yment of the rights granted to Grantee under this Grant. 5. Restoration. Grantee agrees that after the constroction, maintenance, repau, replacenent, or enlarganent of any of the Lines and .Appurtenances, Grantee shall restore the surface of the Easanent Property as nearly as reasonably possible to the grade and condition it was in inme::Hately prior to said constroction, maintenance, repair, replacanent, or enlarganent, except as may be necessary to accmmodate the Lines and .Appurtenances. Grantee agrees to restore and repair any impt:ovanents of Grantor on the Easenent Property ~ich are damaged, modified or altered by Grantee during said constroction, maintenance, repair, replacanent or enlarganent. Grantee further agrees to replace any topsoil rBDOVed fran any cultivated or agricultural areas on the Easanent Property and to ranove any excess earth resulting fran said constroction, maintenance, repair, replacanent or enlarganent, at Grantee's sole cost and expense. 6. No Improvanents. Grantor covenants and agrees not to constroct, erect, place or plan any "Improvanents", as hereinafter defined, on the Easanent Property without obtaining the prior written consent of Grantee. "Improvanents" shall mean any strocture or building. Grantee shall have the right to ranove, without any liability to Grantor, any improvanents constrocted, erected, placed or planted on the Easanent Property without Grantee's having obtained the prior written consent of Grantor. 7. &lb jacent and lateral &lfP?rt. Grantor covenants and agrees that Grantee shall have the nght of soojacent and lateral support on the Easanent Property to whatever extent is necessary or desirable for the full, canplete and undisturbed enjOJIIIM!l'lt of the rights granted to Grantee under this Grant. B. Rights of Grantor. Grantor reserves the full right to the mdisturhed ownership, use, and occ~y of the Ea&a'llel'lt Property insofar as said ownership, use, and occ~y is consistent with and does not impair the rights granted to Grantee in this Grant. 2 • [ [ I • • ( ( ( • • • • -~---------------~---- 9. Abandorment. In the event that Grantee shall abandon the rights granted to 1t under this Grant, all right, t i tle and interest hereunder of Grantee shall cease and teminate, and Grantor shall hold Easement Property, as the same may then be, free fran the rights of Grantee so abandoned and shall own all materials and structures of Grantee so abandoned, provided that Grantee shall have a reasonable period of time after said abandorment in which to remove any or all Lines and Appurtenances fran the Easement Property. In the event that Easement is abandoned by Grantee, Grantor shall have the right, at its sole option, to require Grantee to remove or neutralize any improvements constructed in the Easanent by Grantee. 10. Warranty of Title. Grantor warrants and represents that Grantor is the fee simPle owner of the Easanent Property and that Grantor has full right, title and authority, that this Grant is effective to grant and convey to Grantee the Utility Line Easement, and that this Grant of an easement is superior to all other grants. Grantor further covenants and agrees to indannify, defend and hold Grantee hannless fran and against any adverse claim to the title of the Easanent Property by all and every person or persons lawfully claiming or to claim the whole or any part thereof. 11. Binding Effect. 'Ibis Grant shall extend to and be binding up:~n the heirs, personal representatives, successors and assigns of the respective parties hereto. 'ftle tems, covenants, agreanents and conditions in this Grant shall be construed as covenants r~nning with the land. IN WITNESS WHERfXF, the parties hereto have executed this Grant of Utility Easanent the day and year first above written. GRANI'OR: Attest: STATE ~ cou:>RAOO as. 11cknowledged bef o re me this ___ day o f _____ , 19 as anCr -------------------------------------------------------as ____________________ __ ttj COIII!iasion expires: 3 • Notar y Pub lic Add ress: I • • • • • ·----~-------------·------·-~-----· I I' I I I ' I ,, II r' I I •• ( • GRANI'EE: Attest: Title: as. Acknowledged before me this day of _____ , 19 by, __________ u ------------aOO _____________ u. _______________ _ Hy Comlission expires: Notary Publlc Address: • [ l I • • ' I• I' L I I ~ I ~ ., tl ;I ,. ,I I I Ji I • • • - GRANT OF EASEMENT nus GRANT of alley easanent (this "Grant") is made this day of , 198 by ----( "Gra_n..,...to-r-.•""'• )-lotl,....o_s_e_add....--.--re_s_s~l-S , in favor of -:-the;:--,C;::-I~T=Y-;-;OF=--;::ENiL=ocEW=ooo=:-,-:=CO::::cLO:-=:RAOO::-:-::=-,--=(""'"-:::G-ra-n"""'t,...ee---,"'"'"l-lltl:-ose address is 3400 s. Elati, Englewood, CO BOllO. 'n'le parties covenant and agree as follows: 1. EaSEment Pro~rty. 'lbe "Easanent Property" shall mean the real property located m the County of Arapahoe, State of Colorado, more particularly described as: A portion of Lots 11, 12 and 13, Block 4, in Birch's Addition to South Broadway Heights, being the Second Filing, together with a part of vacated South Grant Street and a part of the vacated alley lotlich is located east of said Lots 12 and 13, more particularly described as follows: Beginning at a point on the North line of said Lot 12 extended west lotlich is 22 feet west of the Northwest corner of said Lot 12; thence on a curve concave to the Northeast an arc distance of 43.33 feet and lotlose long chord bears S 51 degrees 19'04" E a distance of 40.10 feet to a point that is 9.25 feet East of the Northwest corner of said Lot 13 and lies on the North line of said Lot 13, said curve has a central angle of 77 degrees 34'58", a tangent length of 25.72 feet and a radius of 32.00 feet; thence S 89 degrees 53'27" E along the North line of said Lot 13 a distance of 83.99 feet; thence along a curve to the left an arc distance of 50.08 feet to a point on the East line of said Lot ll, said point also being on the West line of said alley, said curve has a central angle of 89 degrees 39'36", a tangent length of 31.81 feet, a radius of 32.00 feet and lotlose chord bears N 45 degrees 16'43" E a distance of 45.12 feet; thence s 89 degrees 34'05" E a distance of 16 feet to the East line of said alley; thence along a curve concave to the Northwest an arc distance of 75.12 feet and lotlose long chord bears S 45 degrees 16'34" W a distance of 67.68 feet to a point that is 16 feet South of the North line of said Lot 13; said curve has a central angle of 89 degrees 39' 58", a tangent length of 47.72 feet and a radius of 48.00 feet; thence N 89 degrees 53' 27" W and parallel with the North line of said Lot 13, a distance of 83.94 feet to a point of curve; thence along said curve to the right an arc distance of 68.56 feet, said curve has a central angle of 81 degrees 49'58", a tangent length of 41.60 feet and a radius of 48.00 feet and whose chord bears N 49 degrees ll'33" W a distance of 62.88 feet; thence 89 degrees 53'27" E a distance of 16.26 feet to the point of beginning; all in the Co~r~ty of Arapahoe, State of Colorado, containing 3,580 square feet (0.0822 acres) more or less. Exhibit B • I • • .t tl f ,l • • • - 2. Consideration. As consideration for this Grant, Grantee shall pay to Grantor the Sl.lll of Che Dollar ($1.00) and other good and valuable consideration paid by Grantee, receipt of which is hereby acknowledged by Grantor. 3. Grant of EaSE!IIent. Grantor hereby grants to Grantee, its successors and ass1gns, and all public utilities or those with proper license or franchise, a perpetual, nonexclusive eaSE!IIent (the "Alley EaSE!IIent") over, under, across and through the EaSE!IIent Property for the purpose of constructing, operating, maintaining, repairing, replacing, ranoving and enlarging those structures or improvanents of Grantee that Grantee finds necessary or desirable for public utility purposes, incli.Ding, but not limited to, electrical equipnent, telephone equipnent, camtunication equipnent, sewer equipnent, water equipnent, and for public right of way and alley purposes • 4. Access. Grantee shall have the perpetual, nonexclusive right of ingress and egress in, to, over, throu:~h and across the EaSE!IIent Property for any purpose necessary or desirable for the full enjoyment of the rights granted to Grantee under this Grant. 5. Slbjacent and Lateral 9.lpport. Grantor covenants and agrees that Grantee shall have the right of subjacent and lateral support on the EaSE!IIent Property to whatever extent is necessary or desirable for the full, canplete and undisturbed enjoyment of the rights granted to Grantee under this grant. 6. Rights of Grantor. Grantor reserves the full right to the undisturbed ownership, use, and occupancy of the EaSEIIIel"lt Property insofar as said ownership, use, and occupancy is consistent with and does not impair the rights granted to Grantee in this Grant. 7. No Improvanents. Grantor covenants and agrees not to construct, erect, place or plan any "Improvanents," as hereinafter defined, on the EaSE!IIent Property without obtaining the prior written consent of Grantee. "Jmprovanents" shall mean any structure or building. Grantee shall have the right to ranove, without any liability to Grantor, any improvanents constructed, erected, placed or planted on the Easanent Property without Grantee's having obtained the prior written consent of Grantor. 8. Warranty of Title. Grantor warrants and represents that Grantor is the fee simple owner of the FaSEIIIel"lt Property and that Grantor has full right, title and authority, and that this Grant is effective to grant and convey to Grantee the Alley Easanent. Grantor further covenants and agrees to indemnify, defen;i and hold Grantee hannless fran and against any adverse claim to the title of the EaSEment Property by all and every person or persons lawfully claiming or to claim the lobole or any part thereof. 2 • [ I • • I I f· I '· • • • • ---------·----------------- 9. Binding Effect. 'n'lis Grant shall extend to and be binding upon the heirs, personal representatives, successors and assigns of the respective parties hereto. 'lhe tenns, covenants, agreements and conditions in this Grant shall be construed as covenants running with the land. IN WITNESS WHERtXF, the parties hereto have execute:3 this Alley Easement the day and year first above written. GRANI'OR: Attest: ~---------------- Title: Title: GRANTEE: CITY OF DG:.&KXX:l, COLORAOO Attest: ~·~~--~~~~---EUgene L. Ot1s, Mayor Gary R. H1gbee ex officio City Clerk-Treasurer STATE OF COLORAOO ss. 'lhe foregoing instr1111ent was acknowledged before me this day of , 1984 by.--:-:----:---.--:--.----------as -----------and attested to bY ----------as-------------of-------------- Witness my hand and official seal. My ca.miuion expires: 3 Notary PUbllC Address: • I . - I ~ ! • • • • -------------------~ STATE (F COWRADO ss. CXlJNTY CF ARAPAHOE The foregoing instriJIIel'lt -s acknowledged before me this day of , 19 by &~gene L. Otis as Mayor and Gary R.-- Higbee as ex offlcio dty Clerk-Treasurer of the City of Englewood, Colorado. Witness my hand and official seal. My Ccmniasion expires: 4 Notary Pubhc 3400 s. Elati Englewood, (X) 80110 [ [ I • • • • • • BY AIJI'HORITY ORDINAOCE NO. COUNCIL BILL NO. 19.2 INI'ROOOCB BY OXJNCIL SERIES OF 198'""3 __ _ MEMBER 1 -~ I A BILL FOR AN ORDINAOCE PROVIDING FOR THE INCRFASE OF THE HOTEL/M:YI'EL R<n1 TAX BY AHEN>ING TITLE XI II, OiAPI'ER 4, SECI'IONS 2 AND 3, OF THE ENiLEWOOO MUNICIPAL COOE '69, AS AHEN>ED. WHEREAS, it is necessary for the amount of tax imposed for the rental or lease of hotel/motel roans to be increased to confonn to present econanic factors; NCM, THEREFORE, BE IT ~INED BY THE CITY COUNCIL OF THE CITY OF nG.EWOOO, CX>LORAOO: Section 1. 'lllat a new Subsection (c) be added to 13-4-2, EM: '69, as Cll1lE!Ilded, to read as follows: 13-4-2 (c) UPON THE RENI'AL FEE, PRICE, OR OTHER ~IDERATION PAID OR IUX:EIVED FOR THE RENI'AL OR LEASE OF ANY ROCI't, ROCJotS, OR POHLE H<l1.E FOR LODGING PURPOSES IN ANY ESTABLIStflml' MAKING stOI AVAILABLE TO THE PUBLIC. Section 2. 'lllat &lbsection (b) of Section 13-4-3, EM: '69, as iiieli1eld, is amended to read as follows: 13-4-3: SALES TAX LEVY JA .W4~HR w ~ '-tl *eY4ea ~ &1118&aatieR .fat heHH, ~ 46 aH8 ~ *-4e& a ~ ~ IIP8R ~ Hey p!fMe H MAH aaRSMe.HMR pa-M H H8MYeli ~l'efel', ..-.. ~ HAY~ H Haee ef aRy ~ ~ Jll88i... Raile& '-~~ f11Hp8&e& -if' ..y AMe*-r ~" ~ H&eH" e~-., ~RIJ M--, apal'&lll!flt "'*W4-RIJ MAe£ e&N8H&MieM7 --•RIJ ~N&R HaH ~ailaele Y ~ pw814e7 ~ ~ PftHa ef ~~ iH wR4eR lMi8A l!eiMti Me., pfiee ef MhH e8MWel'aU8R 4e pa-M H l'eeeiYell IIMU 8e leN ~ ~ ~t IMyh ~ 4iall ~ HY4ell IIMU 8e ...._. 11P8R ~ ._ .-.llle as 46 eet MHR -if' a.ll8ft+-.fat MMei Mli ~ p81'&11Rp pal'tReHA~ -l'pel'at;ieR H MAe£ ~ ~ INIJR ...--..~.we ehaU7 iH au fiiHpella& ef ~s ~ptel', 8e ---.. 8e • ~~ -.. u .... -if' 618R+- ~. 1 • I • • I I I !. f. ;. r I I I I I .. • • • • (b) THE FOl.L<loiiNG TAXES ARE HERmY LEVIID UPON THE RFm'AL PEE, PRICE, OR OTHER CONSIDERATION PAID OR Ra:::EIV!D , UPON THE RDll'AL OR LFASE OF ANY ROa1, RXJ1S OR POHLE tD'IfS l'OR LODGING PURPOSES IN ANY HOTEL, I'Cl'EL, UJOGE, RESORT, CLUB, ROa1ING HOUSE, APAR'IMENI' BUILDING OR OTHER ESTABLIStMmr, MAKING SOCH RCXJ1S AVAILABLE 'ro THE PUBLIC, WHERE THE PERIOD OF LODGING FOR WHICH SlDf RENI'AL FEE, PRICE OR OTHER CONSIDERATION IS PAID OR Im:EIV!D SHAIL BE LESS THAN THIRl'Y (30) DAYS. THOSE TAXES HERmY LEVHD ARE: (1) THE SALES TAX SET PORTH IN THE ~'REDDING P~ (a) HERIDF LEVIED IN 1I£XX>RDIUCE WITH THE OCHEDULE AS IS SET FOR'nf THEREIN. (2) TWO PEICENl' (2\) OF THE CXlST OF THE RDll'AL FEE, PRICE, OR OTHER CXJNSIDERATION PAID OR Im:EIVED FOR THE LaX;ING ~ EAClf FtLL [)()[LAR OF SAID REm'AL PEE. THE PERSON, ~UP, CX>RPORATION, OR OTHER Etfl'ITY MAKING SOCH RCXJ1S AVAILABLE SHAlL, !'OR AIL PURPOSES OF 'ftfiS atAPTER, BE DE!MED 'ro BE A "RETAILER" AS DEFINID IN SECI'ION 13-4-7. Introduced, read in full, and passed on first reading on the 4th day of June, 1984. Published as a Bill for an Ordinance on the ___ day of June, 1984. Attest: &Jgene L. 0t1s, Mayor ex off1c1o City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Ehglewood, 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 4th day of June, 1984. Gary R. Higbee 2 • l I • • - i : ., ! • • • • BY AlJI'HORITY ORDINMCE 00. SERIES CF 198"4 __ _ A BILL FOR FOR AN ORDINAICE APPROVlt«; 'mANSIT Sl'REET IMPROVEMENI' AGREEMENr WITH REGIONAL 'mANSPORTATION DISTRICT. WHEREAS, the City of Dlglewood has received fran the Regional Transportation District an agreement for transit related street improvanents; and WHEREAS, these City desires to enter into an agreanent to accanplish the improvanents; ~. THEREFORE, BE IT ORDAINED BY THE CITY <XXltCIL CF THE CITY CF fXiLBN(X)[), COLORAOO, AS FOLLOWS: Section 1. An Agreement titled "Regional Transportation District Trans1t street Improvanent Agreanent," attached hereto marked Exhibit A and incorporated herein, is hereby approved by the City Co~.meil of the City of Dlglewood, Colorado. Section 2. Said Agreement generally provides for concrete repair at the following locations: 1) W. Dartmouth Ave. at S. Fox street, SN corner 2) W. Flo~ Ave. at S. Fox street, ~corner 3) S. Broad1o11y at W. ~incy Ave., SN corner 4) s. Broad1o11y at W. stanford Ave., SN corner. Section 3. '1he Mayor of the City of Dlglewood is authorhed to s1gn and the City Clerk is authorized to attest the Agreement. Introduced, read in full, and passed on first reading on the 4th day of June, 1984. 1984. Published as a Bill for an Ordinance on the 6th day of June, Attest: EUgene L. Otls, Mayor ex officio City Clerk-Treasurer • 1 c 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 a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 4th day of June, 1984. Gary R. Higbee ... [ I I • • - • • • • • REGIONAL TRANSPORTATION DISTRICT TRANSIT STR£ET IMPROVEMENT AGREEMENT DLIUCA1E ORIGINAL ( crl. ~ AGREEMENT made this __ day of , 1984, by and between the City of Englewood, hereinafter referred to as "Grantee," and the REGIONAL TRANSPORTATION DISTRICT, a political subdivision of the State of Colorado, hereinafter referred to as "RTD." WITNESSETH: WHEREAS, the RTD has established a Transit Street Improvement fund for the purpose of implementing transit related street improvements; and WHEREAS, the Grantee has filed an application for funding of certain improvements and the Board of Directors of the RTD has approved the use of RTD local funds for the Project(s) described in Exhibit A; and WHEREAS, the parties hereto desire to implement capital improvements described herein. NOW, THEREFORE, in consideration of the mutual promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: SECTION ONE PURPOSE The purpose of this Agreement is to assist the Grantee in implementing the transit related street improvement(s) described below (hereinafter sometimes referred to as "the Project"). The Grantee, in turn, will carry out the Project in accordance with the terms of this Agreement. SECTION TWO THE PROJECT The Project consists of the design and construction of one (1) reconstruct radius, two (2) reconstructions of curb gutter and sidewalk and one ( 1) reconstruc- tion of radius with an accompanying drainage improvement as described in Exhibit A attached hereto. SECTION THREE THE GRANT The RTD will provide the Grantee the total cost of the project or TWENTY FIVE THOUSAND FOUR HUNDRED AND EIGHTY EIGHT AND N0/100 DOLLARS ($2.5,4&8 .00) whichever is less. -1 - • I • • • • • J~"'"->'*.) ~~~ • _.\..._. ··-~-- a. Where the Grantee performs the Project work through its own work force, the RTD will provide the Grant funds on the basis of invoices received and approved by the RTD for equipment, labor, and materials expended. b. Where the Grantee performs the Project work through a con- tractor, the RTD will provide the Grant funds on the basis of the contract award price (as may be modified by change orders) all approved by the RTD. c. Where the Project work is part of a larger capital improvement, the RTD will provide the Grant funds on the basis of the unit prices bid as part of such larger contract and RTD approval of all costs including items which may not be identified in the larger contract. SECTION FOUR ELIGIBLE COSTS Costs eligible for reimbursement by the RTD under this grant Agreement are limited to the actual cost of the acquisition of real property and construction of the approved Project. SECTION FIVE GRANTEE REQUIREMENTS a. The Grantee will prepare any necessary right-of-way or other real property acquisition instruments for the Project, if any. b. The Grantee will provide design document review, construction inspec- tion, and engineering services for the Project. c. The Grantee will obtain any required appraisals, permits, and approvals and will be responsible for all citizen review and public agency coordination, if any. d. The Grantee will maintain the completed Project. e. The Grantee will construct the Project through its own work force or cause it to be constructed through formally advertised, free, open, and competitive b idding, and in accordance with such additional terms and conditions as the RTD may require. f. The Grantee shall permit and shall require its contractors to permit the RTD to inspect all data and records with regard to the Project. The RTD also may require the Grantee to furnish at any time prior to closeout of the Project, audit reports prepared according to generally accepted accounting principles. g . To the extent the work to be performed under this Agreement is performed by other than the employees of the Grantee or other Governmental entity and the total cost of such work is in excess of FIVE THOUSAND DOLLARS ($5,000.00) the Project Labor Agreement incorporated herein by reference shall apply. -2- • I • • • , • • • • • h. Reimbursement by RTD for eligible costs is expressly contingent upon completion of the work to be performed under this Agreement on or before November 30, I 984. Grantee shall obtain the RTD's final inspection and written concurrence in the acceptance of the completed project improvement on or before December 1.5, I 984. SECTION SIX DESIGN APPROVAL The Grantee shall obtain the RTD's written approval of any street improve- ment plans prior to receiving construction bids. As part of this approval process, the RTD shall have the right to inspect any contract documents. SECTION SEVEN CONTINUING TRANSPORTATION USE In consideration for this Grant, the Grantee shall permit the RTD free use of the improvements funded hereunder for transportation purposes for a period of not less than five (.5) years from the date said improvements are completed and made available for public use. In the event the Grantee interrupts, eliminates, or interferes with the RTD's use of said improvements, the Grantee shall immediately refund to the RTD the full amount of the Grant funds received hereunder, pro- rated over the five-year period. SECTION EIGHT FINAL INSPECTION The Grantee shall obtain the RTD's final inspection and written concurrence in the acceptance of completed Project improvements. The RTD, upon granting final acceptance, and receipt of invoices acceptable to and approved by RTD will within thirty (30) days thereafter, make payment in the amounts specified in Section Three above, in conformance with the conditions stated therein. SECTION NINE HOLD HARMLESS -RTD NOT LIABLE Grantee, agrees to save and hold the RTD harmless from and against all suits, claims, and demands based upon any alleged damage to property or any alleged injury to persons (including death) which may occur or be alleged to have occurred by or on account of any negligent act or omission on the part of the said Grantee, its subcontractors, or any of their servants, employees, or agents. The Grantee, at its own expense, will settle or defend any claims or litigation arising out of the performance of this Agreement. The RTD shall not be liable for any damage to the Project improvements through the routine use thereof unless caused solely by the negligence and/or omission of RTD employees. -)- I • • • • SECTION TEN TERMINATION • • • Either party may terminate this Agreement at any time by g1vmg written notice specifying the date of termination, such notice to be given not less than ninety (90) days prior to the date therein specified. In the event the Grantee desires to cancel this Agreement after RTD has expended funds for design, but before construction has begun, Grantee shall reimburse the RTD for all design funds expended by RTD. In the event the Grantee desires to cancel this Agreement after Project construction during the initial five (5) year period, it may do so upon giving written notice to the RTD, specifying the date of termination, such notice to be given not less than ninety (90) days prior to the date therein specified. As a condition precedent to termination after Project construction, the Grantee shall reimburse the RTD for all Grant funds received under this Agreement, pro-rated over said five-year period. SECTION ELEVEN PROHIBITED INTERESTS No officer, member, or employee of the RTD, and no members of its governing body, and no other public official or employee of the governing body of the locality or localities included within the District, during his or her tenure or for one year therafter, shall have any interest, direct or indirect, in this Agreement, or the proceeds thereof. SECTION TWELVE MISCELLANEOUS I. Notices. Any notice to be given hereunder shall be deemed given when sent by registered or certified mail to the addresses below: RTD Department of Legal Counsel 1600 Blake Street Denver, CO 80202 Grantee: The City of Englewood 3400 S. Elati Street Englewood, CO 80110 2. Severability. Should any provision of this agreement be declared invalid by any court of competent jurisdiction, the remaining provisions hereof shall remain in full force and effect regardless of such declaration. 3. Equal Employment Opportunity. In connection with the performance of this Agreement, the Grantee shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, marital status, being handicapped, a disadvantaged person, or a disabled or Viet Nam era veteran. The Grantee shall take affirmative action to insure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, national origin, age, marital status, being handicapped, a disadvantaged person, or a disabled or Viet Nam era veteran. Such action shall include, but not be limited to, the following: -4- I • • - • • • • • • employment, upgrading, demotion, or transfer; recruitment or recruitment adver- tising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 4. Agreement Binding. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto • .5. Laws to Apply. The Project shall be carried out in accordance with the laws of the State of Colorado and all applicable Federal laws & regulations, and all local laws, ordinances and regulations. 6. Amendment. This Agreement may not be amended except in writing by mutual agreement of the parties, nor may rights be waived except by an instrument in writing signed by the party charged with such waiver. IN WITNESS WHEREOF, the parties have duly executed this Agreement, effective the day and date first above written. APPROVED AS TO LEGAL FORM FOR THE REGIONAL TRANSPORTATION DISTRICT By Legal Counsel ATTEST: REGIONAL TRANSPORTATION DISTRICT By General Manager GRANTEE: The City of Englewood By -----------------------By Title ------------------------------ _,_ • I • • • - • • EXHIBIT A City of Englewood 1984 Transit Street Improv~~ent Projects Location Project RTD Funds Dartmouth Avenue at Fox St., southwest corner intersection Reconstruct Radius $ 3,468 Floyd Ave. at Fox St., northwest Relocate traffic signal, corner and Floyd Ave. west of reconstruct radius, Fox St. remove crosspan, 14,177 construct catch basin, 18" RCP, curb, gutter, and sidewalk South Broadway Avenue at Reconstruct curb, .5,.526 Quincy Avenue, southbound gutter, and sidewalk South Broadway Avenue at Reconstruct curb, 2 1 317 Stanford Avenue, southbound ~utter, and sidewalk OTAL $ 2.5,488 • I • • • • • - \ Wesl~y ,....._il==-!!=-1 Boktr J=,!i-"11 City of Englewood HoriiOrd l====ii ~i=-1 \lassor ColleQt ........,._~i=;;=;~ • • • • l I . . REMOVE VC&O REMOVE CUABWALK REMOVE WALK CONSTRUCT 8 ' '\/C&O CONSTRUCT 4" WALK E&latlnll 17· Ft. A8dlu a • . , • • Q) > <( ~ .. :l 0 E .. ~ as 0 • H ' ;: ' I I. "4 ~' • • • SW Corner Dartmouth & Fox -; 41.3 LF 41.7 LF 106 Sf 87 LF 243 SF ' ' 411RaclluaatLip s. ', '-+ CONSTRUCT ... VC&O ULF CONSTRUCT CW I ULF ASPHALT 'ATCH I TONI BAIECOIIIAIE 11 TONI IODWORK L8 Fox St. N +-- ENIIINEEJttNI DEPARTIIUT CITY OF £N6LEWOOD, COUJIIADO RECONSTRUCTION for R. T.D. Drawn By : JDL Date : Jon, 1914 c-• • ) -..... J -§;1££2 A .~ • • • - • •' • 0 SW Corner Dartmouth & Fox REMOVE VC&O 41.3 LF CONSTRUCT 8'' VC&O LOLF REMOVE CUABWAL.K 41.7 LF CONSTRUCT CW I LOLF REMOVE WALK 105 Sf' ASPHALT PATCH a TONS CONSTRUCT a· '\IC&O 87 LF 15 TONS CONSTRUCT 4" WALK -243 Sf' L8 s. Fox St. iE&Ietlll8 17 Ft. Aadlu a • CD > < .r:. .... • :::l 0 ' E 40' Aadlua at Up .... ... as •, • c EN81NE£Jtlll8 DEMitntENT CITY OF EN6LEWOOIJ, COLORADO • ' • ' ~ I ,. I ~ RECONSTRUCTION for R. T.D • Drawn Br : JDL Date : Jan, 1984 ( • • ---r • .... en '----J >< 0 ' LL i I I Ex._.. 17Ft. Radlue ( MATCH LINE • • • • /: ( ' / / 40' A8dlul at Lb / (/~7( / I /. ~ /, ... ~Tree 0 / I ' I I I I \ W. Floyd : :Ave. ( westbound ) See Sheet 2a r MATCH LINE REMOVE VC&G 23.0 LF REiotDVE QRIWALJ( 11ULF REMOVE CR088PAN 330 8F CONSTRUCT 8'" VC&G 23.0 LF CON81'RUCT CW I 2a.1 LF . CONST ... VC&G w/ 4' WALK MONO 11.1 LF CONST S .. VC&G w/ 4' WALK MONO 58.7 LF CONSTRUCT 4,. WALK 52 SF SAW 12.8 LF CONST CATCH BABIN w/ 8'" Vc&G one 18" A.C.P. 80LF REMOVe ASPHALT 1M 8F ASPHALT PATCH 18 TONS BA&ECOURSE 24 TONS • SOO a SPRINKLER WORK La • REMOVE a RESET SIGNAL POLE La • • • • See St.et 2 L \--,---------- 0 I I I I I I I I I Grass . ! i I I 2a __j L---------- p;rzyzz:g ------- ( ________ ~~ _ ~;~~~-~ ~-v-e~ ______ _ EIIIIIIE£RINI 'DENin'IIDIT CITY OF £N6LEI'OOD, ctii..ORADO RECONSTRUCTION for R. T.D. Dr-n By : I. B . Dote : ·)· 1984 • • - • • • • 0 SW Corner Quincy & Broadway 4 S. Broadway 4' Ctoaapan l30·-'\.o,......__l. -35• I ~--n-----~~~~~~--~--~~~--~~~----~r---b \ \ \ \ \ \ \ \ ~ • CD > <( • • ~ q ~ ... 0 c ::J 0 REMOVE VC&G REMOVE WALK REMOVE CR088PAN CONSTRUCT 8" VC&G • CONSTRUCT 8" VC&G ~ CONST 8" VC&G w/ II' PAN CONSTRUCT 8" CROSSPAN N • 128.8LF 1111 8F 828F 12LF 22LF &alF 31 SF • CONSTRUCT aH CA088PAN 31 SF CONSTRUCT 4H WALK 1111 SF AEPMf CHASE SECTION LS SAW 10 lF REMOVE A8PHAl T 3211 8F A&f'HALT PATCH IA8ECOUA8E \ 2.8 TONS 7.8 TONS ~ DEJIIUtlliiOfT CITY OF ENGLEWOOD, COLORADO RECONSTRUCTION for R.T.D. Drawn By : JDL Dote : oOn , 1984 • • - • • 0 SW corner Stanford & Broadway 5 -~ ' S. BROADWAY • w > <C c a: REMOVE IIC&G •u: 0 CONSTRUCT r VC&G 10U' LL CONSTRUCT r IIC&G w/ S, PAN MU' z ~ REMOVE A8PHALT 2M8F A8PHAL T PATCH 2TON (JJ • ENGINEERWG DEJOARTMENT CITY OF EN6LE~f004 COLORADO ~ • RECONSTRUCTION for R.T.D Drown By : DLH Dote : Jon . 1984 • • - • • • • • • C 0 U N C I l C 0 M M U N I C A T I 0 N REGIONAL TRANSPORTATI ON DISTRIC T DATE May 23, 1984 AGENDA ITEM SUBJECT TRANSIT STREET IMPROVEMENT 1C AGREEMENT INITIATED BY Cit:z: Manager ACTION PROPOSED Pass ordinance authorizing execution of the agreement BACKGROUND: Each year, the City of Englewood requests funding from RTD to repair concrete that has been damaged by their buses at various locations throughout the City. This year, RTD has approved work at the following l o cations: 1) 2) 3) w. Dartmouth Ave. @ s. Fox St., SW corner-reconstruct radius W. Floyd Ave. @ s. Fox St. -NW corner -reconstruct radius, storm sewer, catch basin, curb, gutter, & walk; remove crosspan , & relocate traffic signal S. Broadway @ w. Quincy Ave. -SW corner -reconstruct curb, gutter, and sidewalk 4) s. Broadway @ w. Stanford Ave. -SW corner -reconstruct curb, gutter , and sidewalk FINANCIAL: RTD has committed for the actual costs of the proposed work, to a maximum of $25,488. RECOMMENDATION: We would recommend that the agreem~nt be executed so that the proposed improvements could yet be completed in 1984. IB/lo I • • I • • • • C 0 U N C I l C 0 M M U N I C A T I 0 N DATE May 29, 1984 INITIATED BY AGENDA ITEM <6tL City Manager SUBJECT ENGLEWOOD RECREATI ON CENTER BURGLARY/SECURITY SYSTEM ACTJ ON PROPOSED AWARD OF CONTRACT FOR INSTALLATION OF BURGLAR'p'SECURITY SYSTEM AT ENGLEWOOD BECBEATION CENTER BACKGROUND Construction of the Englewood Recreation Center is rapidly progressing and is reaching a stage of completion where it is necessary to define a burglary/security system and incorporate the system (wiring, etc.) into the general construction of the building. Our security system will consist of recessed magnetic door contacts on all exterior doors and ultrasonic motion detection units throughout the interior of the facility. Burglary/security systems are typically bid and constructed separately from the general construction contracts. Since future maintenance and service are critical when dealing with electronic equipment of this nature, security system contractors were asked to pre-qualify during the month of April to bid on the project. The project was advertised and bids were opened on May 23, 1984. FINANCIAL Three bids were received on the project, as follows: Honeywell Protection Services ADT Security Systems Wells Fargo Alarm Services $17 ,484.00 $17,108.00 $10,388.00 Total available funding from the burglary/security system project budget -$15,000*. All bids include a one-year maintenance contract to cover adjustments of equipment, inspections, wiring, replacement parts, and labor. RECOMMENDATION We would recommend that the contract be awarded to Wells Fargo Alarm Services, the low bidder on the project, in the amount of $10,388.00. *See attached. RK/lo • I • -2- FINANCIAL Total Available Budqet: 1. Proceeds from bond sale 2. Swim. pool cover (lottery pro- ceeds Auth. by City Council) J. Invest. interest from bonds Total Budget E!!CP!nc!i turea to Date t 1. 2. 3. 4. land acquisition architectural contract soils report ~ sewer design Misc. coats Total Expenditures Budget Balance Identifiable Addn'l. Expenaeat $521,000 210,400 4,200 200 1. Public Service Co. gas ~ Elect. 2. Bldg. permits/utility fees 3. Bldg.,plan check fee 4. Landscaping/sprinklers s. Telephone system 6. 8urglar alanl ayat.a 7. Materials testing B. Architect's reimbursable• 9. Furniture allowance 10. Equipment allowance Total Bal. Available for Construction • • • $4,600,000 12,000 :t 80,000 $4,692,000 $ 735,800 $ 10~300 30,000 7,000 80,000 12,000 15,000 10,000 6,000 70,000 140,000 • $3,956,200 ' 380,300 $3,575,900 I • • • • • • RESOLUTION NO. ~I SERIES OF 1984 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO AUTHORIZING, APPROVING AND DIRECTING THE CITY OF ENGLEWOOD, COLORADO TO ENTER INTO A CERTAIN COOPERATION AGREEMENT WITH FIRST NATIONAL BANK OF ENGLEWOOD; RATIFYING CERTAIN ACTIONS HERETOFORE TAKEN; AND REPEALING ANY ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH. WHEREAS, the City of Englewood, Colorado (the "City") is a municipal corporation and home rule charter city duly created, organized and existing under the Constitution and laws of the State of Colorado; and WHEREAS, the City pursuant to the Colorado Urban Renewal Law, Section 31-25-101, et ~-, Colorado Revised Statutes (the "Act") has approved and authorized the "Englewood Downtown Redevelopment Plan," as an urban renewal plan under the Act (the "Plan"); and WHEREAS, in order to facilitate the implementation of the Plan and to assist the Englewood Urban Renewal Authority (the "Authority") in the issuance of its Tax Increment Bond Anticipation Notes, Series 1984, in the aggregate principal amount of $15,800,000 (the "Series 1984 Notes") there has been presented to the City Council a Cooperation Agreement dated as of June 1, 1984 (the "Cooperation Agreement") between the City and First National Bank of Englewood (the "Trustee"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1 . All actions not inconsistent with the provisions of this Resolution heretofore taken by any of the officials of the City and the efforts of the City directed toward the implementation of the Plan shall be, and the same hereby are ratified, approved and confirmed . Section 2 . The form, terms and provisions of the Cooperation Agreement shall be and the same hereby are authorized and approved, and the City shall enter into the Cooperation Agreement substantially in the form of the Cooperation Agreement as presented to the City Council of the City at this meeting, but with such changes therein as shall be consistent with this Resolution and as the Mayor of the Ci ty Council of the City shall approve, his execution thereof • I • • • • • • • being deemed conclusive of his approval of any such changes. The Mayor of the City Council of the City is hereby authorized and directed to execute and deliver the Cooperation Agreement for and on behalf of the City in substantially the form of such document presented at this meeting. The ex officio City Clerk-Treasurer is hereby authorized and directed to affix the seal of the City to, and to attest to, the Cooperation Agreement in substantially the form of such document presented at this meeting. Section 3. After the Series 1984 Notes are . issued by the Authority, this Resolution shall be and remain irrepealable, and may not be amended except in accordance with the Indenture of Trust dated as of June 1, 1984, between the Trustee and the Authority, until the Series 1984 Notes and interest thereon shall have been fully paid, canceled and discharged by the Authority in accordance with the Indenture. Section 4. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof inconsistent herewith or with the document hereby approved are hereby repealed to the extent only of such inconai atency . This repealer shall not be construed as reviving any bylaw, order, resolution or ordinance, or part thereof. Section 6. This Resolution shall be in effect from and after its final passage by the City Council. APPROVED AND ADOPTED THIS DAY OF JUNE 1984. Attest: [SEAL) By =E,...x---=0:-:f;:-,f:::-~:-. c-i~o-::::C~i~t-y---:C::-:1:-e-r-,k=--- Treasurer -2- CITY OF ENGLEWOOD, COLORADO By ~M~a~y~o~r~-------------------- • I • r • • • • 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. H~gbee • I . - ( • • • COOPERATION AGREEMENT THIS COOPERATION AGREEMENT, dated as of June 1, 1984, and any amendments or supplements hereto made in accordance herewith (collectively, this "Cooperation Agreement") is made by and between the CITY OF ENGLEWOOD, COLORADO (the "City"), a municipal corporation and home rule charter city orqanizeri and existing under the constitution and the laws of the State of Colorado (the "State"), and FIRST NATIONAL BANK OF ENGLEWOOD, a national banking association duly organized and existing under and by virtue of the laws of the United States of America (the "Trustee"). WITNESSETH : WHEREAS, the Englewood Urban Renewal Authority (the "Authority") is a public body corporate and politic, and has been duly created, organized, established and authorized by the Citv to transact business and exercise its powers as an urban renewal authority. all under and pursuant to the Colorado Urban Renewal Law, Section 31-25-101 et ~·· Colorado Revised Statutes (the "Act"); and - WHEREAS, on August 23, 1982 an urban renewal plan, ( known as the "Englewood Downtown Redevelopment Plan" (the "Urban Renewal Plan") was duly and regularly approved by the City Counci 1 of the City and pursuant to the Urban Renewal Plan and the Act, the Authority and the City intend to participate in the design and construction of Little Dry Creek fJood control improvements, land acquisition and relocati~ and certain street and utility construction and improvement-s (collectively referred to herein as the "Project"); and • WHEREAS, the renewal area (the Renewal Plan; and Project "Project is located within the urban Area") designated in the Urban WHEREAS, all applicable requirements of the Act and other provisions of law for and precedent to the adoption and approval of the Urban Renewal Plan have been duly complied with by the Authority and the City; and WHEREAS, the Authority and the City in order to provide the Authority an operating staff, start-up services, operational facilities and funding, in addition to classifying certain other cooperative activities, on May 2, 1983 entered into a certain agreement entitled Operating Agreement between the City and the Authority (the "Agreement" ) ; and • I • • ( ( • • • • WHEREAS, pursuant to Section 31-25-109 of the Act, the Authority has the power and authority to issue "bonds" (defined by the Act to mean and include notes, interim certificates or receipts, temporary bonds, certificates of indebtedness, debentures or other obligations) to finance the activities or operations permitted and authorized to be undertaken by the Authority under the Act; and WHEREAS, pursuant to a Resolution adopted by the Authority on June , 1984 (the "Resolution") and an Indenture of Trust dated as of June 1, 1984 (the "Indenture") between the Authority and the Trustee, in order to finance certain undertakings in connection with the Project, the Authority is issuing $15,800,000 in aggregate principal amount its Tax Increment Bond Anticipation Notes, Series 1984 (the "Series 1984 Notes"); and WHEREAS, the Series 1984 Notes are special, limited obligations of the Authority and are secured under the Indenture by an irrevocable pledge of the Trust Estate (as defined in the Indenture), which includes certain tax increment revenues (the "Pledged Revenues"), consisting of certain of the City's incremental sales taxes collected within the Sales Tax Area, as such term is defined in the Indenture (the "Pledged Sales Tax Revenues") and certain property tax revenues collected with respect to incremental increases in assessed valuation of properties within the Project Area (the "Pledged Property Tax Revenues"); and WHEREAS, in accordance with the Act, the Resolution and the Indenture, the Pledged Sales Tax Revenues consist of that portion of the sales taxes collected each year in the Sales Tax Area by the City over and above those collected in the Sales Tax Area by the City during the base year period endinq Auqust 31, 1982 (such amount beinq equal to $725,669) and required to be allocated to the Authority after certain deductions, as more fully described herein; and WHEREAS, the Pledged Property Tax Revenues consist of that portion of ad valorem property taxes produced each fiscal year by the levy at the respective rates fixed each year by all taxinq entities in the Project Area upon that portion of the valuation for assessment of all taxable property within the Project Area which is in excess of the valuation for assessment of all taxable property within the Project Area on the property tax base date of Auqust 31, 1982 (such amount beinq equal to $20,576,370); and WHEREAS, the City is duly orqanized and existinq as a municipal corporation and home rule charter city under the Colorado Constitution and the laws of the State of Colorado; and · -2- • I • ( • ( • • • • WHEREAS, pursuant to Part 1, Article 2, Title 29, Colorado Revised Statutes the City imposes a three percent ( 3%) municipal sales tax which are collected by the City on or before the 20th day of each month for the prior month and sales tax revenues collected from the Sales Tax Area each month over and above the Sales Tax Base Year (as defined in the Indenture) are credited to the City's Tax Increment Fund; and WHEREAS, pursuant to the Act, that portion of ad valorem property taxes produced for each fiscal year upon that portion of the valuation for assessment of all taxable property within the Project Area above the Property Tax Base Date amount is credited by the City to the Authority and the tax revenues are received by the City from Arapahoe County, Colorado (the "County") on or about the 15th day of each month; and WHEREAS, the City and the Trustee pursuant to the terms and conditions of this Cooperation Agreement are desirous of reaching certain understandings in order to further secure the Series 1984 Notes and facilitate the implementation of the Urban Renewal Plan. NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, THE TRUSTEE AND THE CITY HEREBY AGREE AS FOLLOWS: Section 1. Ratification of Prior Acts. All actions not inconsistent with the provisions of this Cooperation Agreement heretofore taken by any of the officials of the City, the Trustee or the Authority and the efforts of the Authority and the City directed towaz:d the issuance, sale and delivery of the Series 1984 Notes and the acquisition, construction and completion of the Project shall be, and the same hereby are, ratified, approved and confirmed. Section 2. Amendment of Urban Renewal Plan. The City covenants and agrees that it shall cooperate with the Authority and the Trustee in carrying out and continuing to completion, with all practicable dispatch and in a sound and economical manner, the Urban Renewal Authority Project in accordance with the duty of the Authority so to do under and in accordance with the Urban Renewal Plan, the Act and the Indenture. The Urban Renewal Plan may be amended, but no amendment shall be approved by the City unless the Authority and the City shall have received an opinion of Independent Counsel (as defined in the Indenture) to the effect that such amendment would not substantially impair the security for the Notes or the rights of the Noteholders . -3- • I • ( • • • • Section 3. Collection of Pledged Revenues. The City hereby agrees to assist the Authority and the Trustee by pursuing all of the lawful procedures and remedies available to it in order to collect the Pledged Revenues for wh1ch the City is responsible on a timely basis. The City further covenants to deposit the Pledged Revenues in the possession of the City directly with the Trustee at the time and in the manner set forth in the provisions of Article IV of the Indenture. Any provision of the Agreement impacting upon the security of the Series 1984 Notes is hereby subordinated to the terms of the Indenture. The City agrees to inform the Urban Renewal Authority of the amount of such sales to deposit to the Trustee. In the event that any cooperation or other agreement shall be necessary or appropriate in order to ac- complish the collections of Pledged Revenues under the Indenture or the accomplishment of the Project, the City agrees to take all such action as shall be necessary to be undertaken by the City in order to approve such cooperation agreements. Section 4. Amendments and Waivers. No amendment or waiver of any provision of this Cooperation Agreement, nor consent to any departure herefrom, in any event shall be effective unless the same shall be in writing and signed by the parties hereto, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. Notwithstanding the foregoing, no amendment or waiver of this Cooperation Agreement which shall affect the rights and benefits of the Noteholders (as defined in the Indenture) shall be effective unti 1 the requirements of the Indenture have been satisfied. Section 5. Notices . All notices and other communica- tions between the Authority, the Trustee and the City shall be in writing, shall be deemed given when received and, except as otherwise provided, shall be mailed by registered or certified mail, return receipt requested, or delivered and receipt thereof acknowledged to the following addresses: if to the Authority, at the Englewood Urban Renewal Authority, 3400 South Elati Street, Englewood, Colorado 80110, Attention: Executive Director, if to the Trustee, at First National Bank of Englewood, 333 West Hampden, Englewood, Colorado 80110, Attention: Corporate Trust Department and if to the City at City of Englewood, Colorado, 3400 South Elati Street, Englewood, Colorado 80110, Attention : Mayor . The parties hereto and the Trustee may , by notice given hereunder, designate any further or d i fferent addresses to which subsequent notices or other commun i cati ons between the parties hereto and the Trustee sha l l be sent. Secti on 6 . Severability . Any provi sion of this Cooperat i on Agreement which is prohibited , unenforceable or -4- • I • • - • ( • • • • not authorized in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition, unenforceability or lack of authorization without affecting the validity, enforceability or legality of such provision in any other jurisdiction. Section 7. Governing Law . This Cooperation Agreement shall be governed by, and construed in accordance with, the laws of the State of Colorado. Section 8. Headings. Section headings in this Cooperation Agreement are included herein for convenience of reference only and shall not constitute a part of this Cooperation Agreement for any other purpose . IN WITNESS WHEREOF, the parties hereto have caused this Cooperation Agreement to be duly executed and delivered by their respective officers thereunto duly authorized as of the date first above written. [SEAL] Attest: By=---~~~~~--~--~Ex-officio City Clerk- Treasurer [SEAL] Attest: By Ti 7t~l-e----------------------- -s - CITY OF ENGLEWOOD, COLORADO (City) By M~a-y_o_r ______________________ _ FIRST NATIONAL BANK OF ENGLEWOOD(Trustee) By Ti~t•1-e--------------------- • I • •