The URL can be used to link to this page

Home My WebLink About1984-08-20 (Regular) Meeting Agenda• • .. Ci ty Co uncil Meeting -Regular -August 20, 1984 • 0 • • • 0 0 ~~'~ f~ -:tt~ ~t;J ;J{-, Jg ~~di: ~~.iff,~!, 31?~ • ~c(3G I . . • • 7:30 P.M. 1 • 2. 3. 4. • • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL AUGUST 20, 1984 .. ~ ~~ /r Call to /order, invocation by Reverend Keith Merriman, Emmanuel United Methodist Church, 2700 South Downing Street, pledge of allegiance, and roll call. (_ ,._~f\-~ Minutes. (a) Minutes of the regular meeting of August 6, 1984. (Copies enclosed.) Pre-Scheduled Visitors. (Please limit your pre- sentation to 10 minutes. l A,~.r 1JD)~ Other Visitors.~. {Please limit your presentation ~l~ to 5 minutes.)~~ -'Zt:/~ ..S,&~t/IA-P~ ~~~331'J~~ ~ W..LtcJ-3311 s. Q([L~ Public Bearing. \ Communications -No Action Recommended. (a) Minutes of the Court Advisory Committee meetings of April 23 and June 11, 1984. (Copies enclosed.) (b) Minutes of the Board Career Service Commission- ers meeting of May 17, 1984. (Copies enclosed.) (c) Minutes of the Englewood Housing Authority meeting of June 27, 1984. (Copies enclosed.) (d) Minutes of the Englewood Downtown Developaent Authority aeeting of July 11, 1984. (Copies enclosed.) I • • ( • • • • Page 2 August 20, 1984 Agenda 5. Communications -No Action Recommended (Continued). \\., 6. (e) Minutes of the Board of Adjustment and Appeals meeting of July 1 1 I 1984. (Copies enclosed.) (f) Minutes of the Planning and Zoning Commission meeting of July 1 7 1 1984. (Copies enclosed.) Communications -Action Recommended. (a) Council Communication from the Housing Authority concerning a Resolution relating to development of public housing for large families. (Copies enclosed.) 7. City Attorney. Ordinances on Final Reading. Ordinance amending the Municipal Code of the City of Englewood, Colorado, by adding a new section constituting a portion of the Compre- hensive Zoning Ordinance for the City of Englewood regulating construction and requiring building permits, fencing and declaring an emergency. (Copies enclosed.) Ordinance approving the joint recreation agree- ment between the City of Englewood, Colorado, and School District No. 1, County of Arapahoe, Colorado, to take effect January 1, 1985. (Copies enclosed.) Ordinance approving use agreement between the City of Englewood, Colorado, and School District No. 1, Arapahoe County, Colorado, concerning Duncan School. (Copies enclosed.) Ordinance adopting the Firat Suppleaental Contract with the State Departaent of Highways amending eatiaated costa and escrow conditions of the original contract, providing for the reconstruction of City Ditch. (Copies enclosed.) Ordinance adopting an aaendaent to agreeaent re- garding Little Dry Creek construction of and acquisition of right-of-way iaproveaenta between the City of Englewood and Urban Drainage and Flood Control District concerning Detention Pond Project. (Copies enclosed.) • I • • - ( • ( • • • • Page 3 August 20, 1984 Agenda 7. City Attorney (Continued). Ordinance approving the Connector's Agreement between the City of Englewood, Colorado, and the Board of County Commissioners of the County of Arapahoe for treatment of domestic waste- water in County Line Landfill. (Copies enclosed.) Ordinance approving a Quit Claim Deed to the City of Littleton to correct title to the South Metro Fire Training Academy Property. (Copies enclosed.) Bill for an Ordinance. (h) Bill amending the 1969 Englewood Municipal Code, Chapter 4, Section 1-4-10 concerning the City Council order of business for the City Council meetings. (Copies enclosed.) (i) Bill approving an agreement between the ~ Regional Transportation District and the City ~~ 3 of Englewood relating to a bus passenger ~ shelter at Evans and Zuni Streets. (Bill and Council Communication enclosed.) Other Mattera. ( j) Physical Whimsical vs. Individual Council Members-Stipulation. (Copies enclosed.) (k) Attorney's Choice. 8. City Manager. (a) Council Communication concerning the 1984 Overlay Program bid award. (Copies enclosed.) (b) Manager's Choice.-~...1'1. ~ ~ 1-Z..3-t!f; //:30A-. ~ 'fJt>-~,e,.__ 9. General Discuss i on • AM /sb • I - ( ( ( • • • • PROPOSED CONSENT AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL AUGUST 20, 1984 7: 30 P. M. 1. Call to order. 2. Invocation by Reverend Keith Merriman, Emmanuel United Methodist Church, 2700 South Downing Street. 3. Pledge of Allegiance . 4. Roll Call. 5. Minutes. (a) Minutes of the regular meeting of August 6, 1984. (Copies enclosed.) 6. Pre-scheduled Visitors. (Please limit presentation to 10 minutes.) 7. Non-scheduled Visitors. (Please limit presentation to 5 minutes. 8. Communications and Proclamations. (a) Communication from the firm of Keene & Munsinger, Attorneys at Law, relative to legal matters -Physical Whimsical. (Copies enclosed.) 9. Consent Agenda Items. (a) Minutes of the Court Advisory Committee meetings of April 23 and June ll, 1984. (Copies enclosed.) (b) Minutes of the Board of Career Service Commission- ers meeting of May 17, 1984. (Copies enclosed.) (c) (d) Minutes of the Englewood Housing Authority meeting of June 27, 1984. (Copies enclosed.) Minutes of the Englewood Downtown Development Authority meeting of July 11, 1984. (Copies enclosed.) • ·-. • • • • • Proposed Consent Agenda Page 2 August 20, 1984 9. Consent Agenda Items (continued). (e) Minutes of the Board of Adjustment and Appeals meeting of July 11, 1984. (Copies enclosed.) (f) Minutes of the Planning and Zoning Commission meeting of July 17, 1984 . (Copies enclosed.) (g) Ordinance on final reading amending the Municipal Code of the City of Englewood, Colorado, by adding a new section constituting a portion of the Comprehensive Zoning Ordinance for the City of Englewood regulating construction and requiring building permits, fencing and declaring an emergency. (Copies enclosed.) (h) Ordinance on final reading approving the joint re c reation agreement between the City of Englewood, Colorado, and School District No. 1, County of Arapahoe, Colorado, to take effect January 1, 1985. (Copies enclosed.) (i) Ordinance on final reading approving use agree- ment between City of Englewood, Colorado, and School District No. 1, Arapahoe County, Colorado, concerning Duncan School. (Copies enclosed.) (j) Ordinance on final reading adopting the First Supplemental Contract with the State Department of Highways amending estimated costs and escrow conditions of the original contract, providing for the reconstruction of City Ditch. (Copies enclosed.) (k) Ordinance on final reading adopting an amendment regarding Little Dry Creek construction of and acquisition of right-of-way improvements between the City of Englewood and Urban Drainage and Flood Control District concerning Detention Pond Project. (Copies enclosed.) (1) Ordinance on final reading approving the Connector's Agreement between the City of Englewood, Colorado, and the Board of County Commissioners of the County of Arapahoe for treatment of domestic wastewater in County Line Landfill. (Copies enclosed . • I • - • • • • • Proposed Consent Agenda Page 3 August 20, 1984 9. Consent Agenda Items (continued). (m) Ordinance on final reading approving a Quit Claim Deed to the City of Littleton to correct title to the South Metro Fire Training Academy Property. (Copies enclosed.) 10. Public Hearing. 11 . Ordinances, Resolutions and Motions. (a) Recommendation adopting Bill for Ordinance amending the 1969 Englewood Municipal Code, Chapter 4, Section 1-4-10 concerning the City Council order of business for the City Council meetings. (Copies of Bill enclosed.) (b) Council Communcation recommending adopting Bill for Ordinance approving an agreement between the Regional Transportation District and the City of Englewood relating to a bus passenger shelter at Evans and Zuni Streets. (Council Communication and Bill enclosed.) (c) Council Communication from the Housing Authority concerning a Resolution relating to development of public housing for large families. (Copies enclosed.) (d) Council Communication recommending bid award for the 1984 Overlay Program. (Copies enclosed.) 12. City Manager Report. 13. City Attorney Report. 14. General Discussion. (a) Mayor's Choice. (b) Council Member's Choice. 15. Adjournment. • I • - • • • • AGENDA ITEM ----PRESENTED BY ------ C1J1 &~~~~ ~~'-/(~~ a~ rJJ,~~ ~~· ~ Ll~. tfh(_ 0urL- ROLL CALL Moved Seconded Ayes Nay Absent Hlgday Neal Vobe1da Weist Bi lo Bradsh- Otis MOTION: • Abstain I . . • • • AGENDA I TEM--+~_;_( __ _ P RESENTED B Y -------- ROLL CALL Hoved Seconded Ayes Nay Absent Abstain HTgday v Neal I-- Vobe1da ,__ Weist L/" Bllo v Bradshaw v Oti s v MOTION: ) I • • • • • • • AGENDA ITEM __.!~tL:.~.c::.........· _ PRESENTED BY --------- ROLL CALL Moved Seconded A~s Nay Absent Abstain Hlgday I Neal I Vobe1da I Wei s t I v Bi lo v Bradshaw Otis MOTION:~ I • • • • • - • • AGE NDA I TEM --~--------PRESENTED BY --------- ROLL CAll Moved Seconded Ayes Nay Absent Abstain Hlgday Neal Vobe 1da Weist Bi lo Bradshaw Otis MOTION: • I • • • • • - • • AGENDA I TEM --"'"~"""---'---· _ P RESENTED BY ---- Moved Seconded sta n Ayes Mily Absent Ab 1 Hladav Neal Vobe1da Weist Bi lo Bradshaw Otis MOTION: • I . • • • • • • AGENDA ITEM ---PRESENTED BY ----- ROLL CALL Hoved Seconded Ayes Nay Absent Abstain HTC!dav Neal Vobeida Weist Bllo Bradshaw Otis MOTION: I . . • • • • - AGENDA ITEM \..)a...___ -6 PRESENTED BY ---------------- ROLL CALL ~oved Seconded A~ Nay Absent Abstain H lqday I Neal I Vobe,da I Weist I -Biio T '-Bradshaw \ Otis " MOTION: I . • • • • - AGENDA ITEM 6 t,._. PRESENTED BY ----- ~~~ lb5~·6 ~ ()-Uuuf;{u._. ~ ~ p-6\5~ ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday Neal v Vobe,da Weist Bi lo ~ Bradshaw Otis MOTION: I • • - • • AGENDA ITEM ---P RESENTE D B Y ---- Moved Seconded Ayes N.y Absent Abstain RTQcfav -Neal .. Vobeida - Wei s t -Rl lo Bradshaw Ot i s MOTION: I . . • • • • • AGENDA ITEM -----PRESENTED B Y -------- ROll CAll Hoved Seconded Ayes Nay Absent Abstain v Hlgday NeaT Vob e1 da Wei s t v Bl lo Brads haw Ot i s I • • • • • - • .. • AGENDA ITEM -----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday - ·Y' Neal - Vobe1da - Wei st -..,-Bllo Bradshaw - Ot is - MOTION:~ I . • • • • • AGENDA ITEM -----PRESENTED BY -------- Hoved Seconded Ayes N y Absent a r 111__9CJ_av "\ Neal I r-vobnda _l_ Weist I Bi lo I Bradshaw - Otis -l MarioN: ~I {) I • • • • - • • AGENDA I TEM -----P RE SENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday \ NeaT I Vobe1da 7 ......... We ist I v Bll o Bradsh-- Ot is - MOTION: • I • • • • • • • AGENDA I T EM -----PRESENTED B Y ------ ROLL CALL H<>Ved Seconded Ayes ~Y Absent Abstain t./ Hlgday \ Neal I Vobe,da 7 Weist I v Bllo Bradshaw " -Otis - MOTION: I • • • • - • • AGENDA ITEM -----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain \ Hlgoay Neal 1/ Vo be1d a Weist Bi to v Bradshaw Otis I \_ MOTION : I • • • • • • • AGENDA ITEM ----- PRESENTED BY -------- ROLL CALL Moved Seconded Ayes ~Y Absent Abstain ....._ HTgdav ' Neal 1 Vobe1da I We is t 7 ~ Bi lo I ..----Bradshaw 7 Oti s \ ' MOTION: I • • • • - • • AGENDA ITEM----- PRESENTED BY -------- ROLL CALL Moved Seconded A~s tt.y Absent Absuln Hlgday ,__ MeaT Vobe1da Weist I ,..,.... ~llo 7 Bradshaw I Otis I 'C MariON: I • • • • • • - • , . • PRES ENTED BY ---------------- AGENDA I T EM ---------- ROLL CALL 1'\oved Secooded A~ May Absent Abstain Hlgday I Neal I VobeJda 7 Wei s t J7" Bi lo --v Bradshaw I Ot i s n ~ • MOTION:~ I • • • • • • AG EN DA ITEM ----- PRESENTED B Y -------- ROLL CALL Moved Seconded Ay~ Nay Absent Abstain II' Hlgday I y Neal I vo~-Jda We 1St I Bil o I Bradshaw \ Ot i s ' ' I • • • • • • AGENDA ITEM ----- PRESENTED BY -------- ROLL CALL Moved Seconded y~ May Absent Abstain Hlg~i'i Meal y Vobe1da We i s t 7 Bi lo I v Bradshaw 7 Otis M<JriON: \ I • • • • • - • • I PRESENTED BY -------- ROLL CALL Moved Seconded Ayes May Absent Abstain liTgilay Neal Vob e,d a Weist Bllo Bradshaw Ot i s MOTION: ~ • I • • • • - • • AGENDA ITEM PRESENTED B Y ------- ROLL CALL Moved Seconded Ayes N.y Absent Abstal n HTQda y v Neal Vobe1da We s t Bllo 1/' Brad shaw Ot i s MOTION: f!Lu..J7-.-6 ~ JO 1, tlf"V r I • • • • - • - AGENDA ITEM -----PRESENTED BY -------- ROLL CALL Moved s d d econ e Ayes Nay Absent Abstain ...!!..!.gaay -Mea \ Vobe)da I We_!_St I __lllo Bradshaw _l Otis ..._ MOTION: • I • • • • • - • • AGENDA ITEM __ _____:__ PRESENTED BY ------ ~v->-~ ~,-z-3 ~ p~ (I : ~0 .--------Jvu-~ ~~- ~~ .tz_,t>ov Moved Seconded Ayes M •v Ab sent Abstain Hlqelav Nul Vobe1da Wei s t Bi lo BradshiiW Otis MOTION: • I . • • • - • REGULAR MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado August 6, 1984 (CL The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on August 6, 1984, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Dr. Roland Andrews, Grace Baptist Church of Englewood, 4200 South Acoma Street. 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 * • • Assistant City Manager Vargas Assistan t City Manager for Economic Development Powers City Attorney Olsen Assistant Director of Community Development (Planning) D. Romans Deputy City Clerk Owen • • * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JULY 16, 1984. Council Member Bilo seconded the mo- t i on. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * • • I • • - • August 6, 1984 Page 2 • • • Hr. Les Jenkins, President of the Englewood Lions Club, was present. Hr. Jenkins gave Gary Diede and the City of Englewood tokens of appreciation {plaques) for efforts in helping the Lions Club refurbish the train track at Belleview Park. Densel Ragland accepted the plaque on Gary Diede's behalf. Mayor Otis accepted the plaque on behalf of the City. * * * * * * * Hr. Steve Wessler, Brady Development Corporation, was present. Hr. Wessler introduced Hr. Fred Fielder of Boettcher & Company who was present to assist him in answering questions regarding the presentation of a formal application for industrial development bond issue for an approximate amount of $9,500,000. Hr. Wessler stated the bond proceeds would go for the permanent mortgage on King Soopers Plaza at Trolley Square presently under construction. Mr. Wessler stated under no circum- stances was the City responsible for the repayment of the bonds according to law. The issue was secured by the property, assignment of leases, and a letter of credit from Silverado Banking in the amount of $9,000,000. Mr. Wessler stated this issue would not affect in any way the industrial development bond per capital limitations set forth by the 1984 Tax Act because an inducement resolution was passed prior to the June 19, 1984 effective date. Hr. Wessler stated the project would provide a net job increase of 200 jobs for the City and would provide approximately $320,000 per year in annual tax revenues. Mr. Wessler stated the issue would provide a savings to the owners and developers of approximately $1,400,000 assuming a 7-year life of the bond issue. COUNCIL MEMBER NEAL MOVED TO BRING FORWARD THE COUNCIL BILL AUTHORIZING THE ISSUANCE AND SALE OF THE INDUSTRIAL DEVELOPMENT BONDS, AGENDA ITEM 7{1). Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1984 BY AUTHORITY A BILL FOR • COUNCIL BILL NO. 35 INTRODUCED BY COUNCIL MEMBER NEAL I • • f • • • • August 6, 1984 Page 3 AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF $9,500,000 CITY OF ENGLEWOOD, COLORADO, INDUSTRIAL DEVELOPMENT REVENUE BONDS (KING SOOPERS PLAZA PROJECT) SERIES 1984, TO FINANCE PROPERTY SUITABLE FOR USE FOR ~OMMERCIAL OR BUSINESS ENTERPRISES; RATIFYING CERTAIN ACTIONS HERETOFORE TAKEN; AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A FINANCING AGREEMENT, INDENTURE OF TRUST, BOND PURCHASE AGREEMENT, INDUCEMENT LETTER, FINAL OFFICIAL STATEMENT, SAID BONDS AND CLOSING DOCUMENTS IN CONNECTION THEREWITH; AND REPEALING ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH. 1984, ON 1984, AT motion. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 35, SERIES OF FIRST READING, AND TO SET A PUBLIC HEARING ON MONDAY, AUGUST 27, 5:30 P.M. TO HEAR THIS MATTER. Council Member Bilo seconded the Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried • • • • • • • • There were no other visitors at this time • • • • • • • • COUNCIL MEMBER BRADSHAW MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF ENGLE- WOOD REGULATING, PERMITTING, CLASSIFYING, AND RESTRICTING THE APPEARANCE, SIZE, CHARACTER, AND HEIGHT OF FENCES. 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. Assistant Director of Community Development (Planning) Dorothy Romans, home residence of 3600 South Bannock 1204, presented the staff's portion of the hearing. Under testimony, Ms. Romans stated the fence ordinance was inadvertently omitted from the Municipal Code when the 1982 Uniform Building Code was adopted. Thus, the purpose of the hearing was to readopt the fence ordinance inclusive of some changes that she noted and to bring it under the Comprehensive Zoning Ordinance • • I • • August 6, 1984 Page 4 • • • Mayor Otis asked if there was anyone present wishing to speak to this ordinance favorably. No one responded. Mayor Otis asked if there was anyone present wishing to speak to tbis ordinance in opposition. Hr. Paul Hendricks, 4001 South Elati, provided testimony against the fence ordinance by stating the cost of building would eliminate alot of the abuses that this law was aimed at. Hr. Hendricks suggested the ordinance would allow a situation where everyone could have a fence in their front yards all the way down the street. Hr. Hendricks recited from Robert Frost's poem "Mending Wall" to reflect Hr. Frost's thoughts on the subject of fences. There was no one else to speak in opposition. COUNCIL MEMBER BRADSHAW MOVED TO CLOSE THE PUBLIC HEARING. Council Member Vobejda 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. ORDINANCE NO. SERIES OF 1984 BY AUTHORITY COUNCIL BILL NO. 24 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, COLORADO, BY ADDING A NEW SECTION CONSTITUTING A PORTION OF THE COMPRE- HENSIVE 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, PERMIT, CLASSIFY AND RESTRICT THE APPEARANCE, SIZE, CHARACTER, AND HEIGHT OF FENCES; WHICH ORDINANCE IS ADOPTED PURSU - ANT 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 HATTER, THE INTENT OF THIS PORTION OF THE COMPREHENSIVE 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, AND PRESCRIBING PENALTIES AS SET FORTH IN THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD WHICH SHALL APPLY TO VIO - LATIONS OF THE PROVISIONS OF THIS ORDINANCE. • I • • ...... • • August 6, 1984 Page 5 • • .. COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 24, SERIES OF 1984, ON FINAL READING. Council Member Weist seconded the motion. COUNCIL MEMBER NEAL MOVED TO AMEND THE MOTION BY CHANGING ON PAGE 2 SECTION C. 2. IN THE THIRD LINE TO DELETE "OF SAID DWELLING"; ON PAGE 3 SECTION C. 4. IN THE THIRD LINE TO CHANGE "THIRTY-FIVE (35)" TO "TWENTY-FIVE (25)"; AND ON PAGE 2 SECTION C. 1. TO READ "FENCES ERECTED IN FRONT OF THE BUILDING LINE SHALL BE OF ANY CLASS AND SHALL NOT EXCEED A HEIGHT OF THREE (3) FEET SIX (6) INCHES." Council Member Bilo seconded the motion. Council Member Higday spoke against the third part of Council Member Neal's amendment because it promoted possibly the idea of building ugly fences. Council Member Neal stated the intent of his motion was to allow any class of fence in the middle block realizing there should be an open fence on corners for safety reasons. Hr. Neal stated the City should not have the right to say what type or material it should be; the property owner should be able to make his own choice. follows: Upon a call of the roll, the vote on the amendment resulted as Ayes: Nays: Council Members Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. Council Member Higday. The Mayor declared the motion carried. Council Member Bradshaw spoke against the ordinance on the basis she thought the regulation of the building of fences in the industrial part needed to be done and less restriction placed on the home owner. Upon a call of the roll, the vote on the original motion result- ed as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Otis. Mayor Pro Tem Bradshaw. The Mayor declared the motion carried • * * * * * * * • I • • ...... • • • • .. August 6, 1984 Page 6 COUNCIL MEMBER BRADSHAW MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER AN ORDINANCE ADDING SECTION 16.4-13 TO REGULATE USES IN THE I-1 ZONE DISTRICT. Council Member Vobejda 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. Assistant Director of Community Development (Planning) Dorothy Romans, home residence of 3600 South Bannock 1204, presented the staff's portion of the hearing. Under testimony, Ms. Romans stated this matter concerned a proposed amendment to the I-1 Zone District which was a sec- tion of the Comprehensive Zoning Ordinance. The principal change in this district was the addition of mobile home park planned development as a principal use. Ms. Romans also discussed some changes to the ordinance. Council Member Higday asked if the ordinance allowed mobile home parks to be in any industrially zoned district in the City. Ms. Romans responded only in the I-1 and there would have to be 8 acres as a minimum area. Council Member Neal asked if the landscaping ordinance applied in this situation. Ms. Romans answered affirmatively. Council Member Neal asked what was required as a screening de- vice. Ms. Romans stated it should be landscaped or fenced, and the decision would be addressed in the planned development. At the request of Council Member Higday, Ms. Romans pointed out the areas applicable on the zoning map in the Council Chambers. Mayor Otis asked if there was anyone in the audience wishing to speak in favor of this ordinance. Barbara Laube, 3075 South Santa Fe 120, appeared before Council. Under testimony, Ms. Laube presented a map showing the area of mobile park communities in which she was interested, in particular the areas containing 221 mobile home units. Ms. Laube stated the communities that were proposed in the first phase were north of Dartmouth bounded by the wastewater treatment plant and Santa Fe and the area south of Dartmouth I • • ( August 6, 1984 Page 7 • • .. to the current Shakey's Pizza Parlor. Ms. Laube stated most of the people owned their mobile homes and rented the land. Ms. Laube stated the land was currently zoned industrial but was also good residential land for mobile home owners. Ms. Laube stated if the land was to be converted to industrial use the majority of the residents would be dis- placed. Ms. Laube stated there was no other place in the metro area that would be capable of accomodating even a small portion of these residents. Ms. Laube stated because of this an organization called "WHERE" began to attempt to preserve the sites by negotiating with the present homers of the property to purchase the land with the objective of cooperative-form of ownership so that each resident would have the opportunity to own or share in owning the sites. Otherwise, many of the people would be forced into subsidized housing programs where they would neither own their home nor land. Ms. Laube discussed anticipated improvements around the park as a result of several public work projects that were ongoing. Ms. Laube expressed her hopes to upgrade the community further through grant monies. Ms. Laube stated if mobile homes become a permitted use as pro- posed then financing would be available to the residents making it possi- ble for them to purchase the land and turn it into a resident-owned, and -controlled community. Ms. Claurellen Dinnell, 3141 South Santa Fe fl5, appeared before Council. Under testimony, Ms. Dinnell stated she was a single parent; raised four children with one still at home. Ms. Dinnell stated by mak- ing mobile home parks a permitted use she would then be able to purchase the property, have the security to raise her child, allow her (Ms. Dinnell) to continue in school, relieve her worries of losing a home, and eventually retire. Council Member Neal asked Ms. Laube how many acres was she talk- ing about in the project area. Ms. Laube stated there would be approximately 8 acres on the south side of Dartmouth and the same on the north making the area 15.5 - 16.5 acres combined. Ms. Laube stated the highway department would be taking some of this acreage for improvements so she did not know the final acreage. Also, some of the smaller units which constitute a high- density would be replaced with larger units to lower the density. Ms. Laube stated the entire area contained 221 units of which 131 were actu- ally in the target area. Ms. Laube stated there may as many as 150 units available depending on how much land is acquired. Mayor Otis declared a recess at 8:55 p.m. Council reconvened at 9:05 p.m. Mayor Otis asked for a roll call, and the following were pre- sent: Council Members Higday, Neal, Vobejda, Weist, Bradshaw, Otis. Absent: Council Member Bilo. I • • - ( • • • • August 6, 1984 Page 8 The Mayor declared a quorum present. Council Member Bilo arrived at 9:07 p.m. Mr. Jesse Robinson, 3075 South Santa Fe, appeared before Coun- cil. Under testimony, Hr. Robinson stated he lived with his handicapped daughter. Hr. Robinson stated his daughter was self-sufficient living in a mobile home which would not be possible if she lived where things were spread out. Therefore, it was important to him that the mobile home parks be a permitted use. Ms. Michelle Buck, 3141 South Santa Fe 133, appeared before Council. Under testimony, Ms. Buck stated she was a single parent with a five-year old son. Ms. Buck stated she would appreciate the opportunity to create a secure environment for him which would be made easier if mobile home parks become a permitted use. Ms. Sue Birch, attorney with Calkins, Grimshaw & Herring 1700 Lincoln Street, appeared before Council. Under testimony, Ms. Birch commended the City for undertaking the proposed revision. Ms. Birch stated she has followed this difficult issue for a number of years at the State legislature. Ms. Birch stated this proposed ordinance was clear, thorough, and concisely and equitably covered the issue. Ms. Birch urged passage. Ms. Theresa Phillips, 3150 South Platte River 16, appeared be- fore Council. Under testimony, Ms. Phillips stated she was newly wed and recently moved to Englewood. Ms. Phillips stated she had to move her mobile home from Longmont, and Englewood was the only area that would allow her small unit. Mr. Alexander Benzie, Jr., 401 West Bates, appeared before Coun- cil. Under testimony, Hr. Benzie stated his wife owned a mobile home and as a result of being displaced she has stored it over the last two years. Hr. Benzie stated the "WHERE" project would allow them to situate the mobile home which would be good for them to retire in. Council Member Vobejda stated he looked at Ms. Laube's plans s e veral months ago and found the project to be commendable; one which he favored. There appeared to be no further comments. COUNCIL MEMBER NEAL MOVED TO CLOSE THE PUBLIC HEARING. Council Member Bilo seconded the motion. Council suspended the rules as there was someone else to speak. • I • ( • August 6, 1984 Page 9 • • • Rhoda Alice Carroll, 2973 South Santa Fe 144, appeared before Council. Under testimony, Ms. Carroll stated she had two boys and moved from Michigan two years ago. Ms. Carroll stated she had to stay with someone else prior to owning the mobile home and now this was the first ~ime she has had a place of her own. Her home was close to where she worked and her children were in school in Englewood. Ms. Carroll stated she did not want to move again. Ms. Carroll stated it meant alot to her to be able to stay in this mobile home. Council released the exhibits presented by Ms. Laube back to her. Upon a call of the roll, the vote to close the public hearing resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 25 SERIES OF 1984 BY AUTHORITY COUNCIL BILL NO. 25 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, BY ADDING THERETO A NEW SECTION 16.4-13 (LIGHT INDUSTRIAL), TITLE XVI, COM- PREHENSIVE ZONING ORDINANCE, TO REGULATE USES IN THE I-1 ZONE DISTRICT, AND TO ALLOW MOBILE HOME PARKS AS A PERMITTED PRINCIPAL USE; WHICH ORDI- NANCE IS ADOPTED 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 COMPREHENSIVE ZONING ORDINANCE BEING TO SUPERSEDE WITHIN THE TERRI- TORIAL 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 EMERGENCY. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 25, SERIES OF 1984, ON FINAL READING. Council Member Vobejda seconded the motion. • I • • ( • • August 6, 1984 Page 10 • • .. Amendments as noted by Ms. Romans earlier in the hearing were determined by Council to be considered at a later time. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO OPEN A PUBLIC HEARING TO CON- SIDER AN ORDINANCE AMENDING SECTION 16.4-10, B-1 (BUSINESS DISTRICT), AND THE HEIGHT LIMITATION THEREIN. Council Member Neal 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. Assistant Director of Community Development (Planning), Dorothy Romans, 3600 South Bannock, presented the staff's portion of this hear- ing. Under testimony, Ms. Romans stated the current maximum permitted height was 60 feet and was in conflict with the goals of the Englewood Downtown Redevelopment Plan. Therefore, in order to assist the imple- mentation of the Plan, Ms. Romans stated the proposal was to change the height from 60 feet to 100 feet. Mayor Otis asked if there was anyone in the audience wishing to speak in favor of this ordinance. No one responded. Mayor Otis asked if there was anyone in the audience wishing to speak against the ordinance. No one responded. COUNCIL MEMBER HIGDAY MOVED TO CLOSE THE PUBLIC HEARING. Coun- cil Member Vobejda 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. • I • • \. r • • • • August 6, 1984 Page 11 The Mayor declared the motion carried. BY AUTHORITY ORDINANCE NO. 26 SERIES OF 1984 COUNCIL BILL NO. 26 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, COLORADO, TITLE XVI, COMPREHENSIVE ZONING ORDINANCE, SECTION 16.4-10, B-1 (BUSINESS DISTRICT), TO AMEND THE HEIGHT LIMITATION THEREIN AT SUBSECTION F. (1) TO READ "ONE HUNDRED (100) FEET: WHICH ORDINANCE IS ADOPTED PURSU- ANT 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 COMPREHENSIVE 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, AMENDING A PORTION OF ORDINANCE NO. 18, SERIES OF 1984. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 26, SERIES OF 1984, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * "Communications -No Action Recommended" on the agenda were: (a) (b ) (c) (d) Minutes of the Englewood Housing Authority meetings of October 26, 1983, February 1, and May 30, 1984. Minutes of the Downtown Development Author i ty meeting of June 13, 1984. Minutes of the Board of Adjustment and Appeals meet- ing of June 13, 1984. Minutes of the Parks and Recreation Commission meet-ing of June 14, 1984. • I • • • • August 6, 1984 Page 12 (e) (f) (g) (h) • • • Minutes of the Planning and Zoning Commission meet- ings of July 3, and July 10, 1984. Minutes of the Englewood Public Library Advisory Board meeting of July 10, 1984. Minutes of the Urban Renewal Authority meeting of July 11, 1984. Municipal Court Activity Report. COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT "COMMUNICATIONS -NO ACTION RECOMMENDED, AGENDA ITEMS S(A) -S(H). Council Member Bilo sec- onded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE A PROCLAMATION DECLAR- ING THE MONTH OF AUGUST, 1984~S "MULTIPLE SCLEROSIS MONTH." Council Member Bilo seconded the motion. Upon a call of the roll, the vote re-sulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • * • * * * * * Mayor Otis presented a letter from Mrs. Eleanor Haviland resign-ing from the Water and Sewer Board. COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT WITH REGRET THE RESIGNA- TION OF MRS. ELEANOR HAVILAND FROM THE WATER AND SEWER BOARD. Council Member Bilo seconded the motion. Upon a call of the roll, the vote re-sulted as follows: Ayes: Council Members Higday, Neal, Vob ejda, Weist, Bilo, Bradshaw, Otis. • I • • ( • August 6, 1984 Page 13 Nays: None. • • • The Mayor declared the motion carried. Council instructed staff to send the acceptance with r ·egret letter -to Mrs. Haviland. ORDINANCE NO. SERIES OF 1984 * * * * BY AUTHORITY * * * COUNCIL BILL NO. 27 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE ADOPTING THE JOINT RECREATION AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND SCHOOL DISTRICT NO. 1, COUNTY OF ARAPAHOE, COLORADO, TO TAKE EFFECT JANUARY 1, 1985. ORDINANCE NO. SERIES OF 1984 BY AUTHORITY COUNCIL BILL NO. 28 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE APPROVING USE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND SCHOOL DISTRICT NO. 1, ARAPAHOE COUNTY, COLORADO, CON-CERNING DUNCAN SCHOOL. COUNCIL MEMBER BILO MOVED TO TABLE COUNCIL BILL NO. 27, SERIES OF 1984, AND COUNCIL BILL NO. 28, SERIES OF 1984. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 27 SERIES OF 1984 * * * * BY AUTHORITY * • * * COUNCIL BILL NO. 21 INTRODUCED BY COUNCIL MEMBER BRADSHAW I • • - • ( • August 6, 1984 Page 14 • • • AN ORDINANCE AMENDING TITLE VIII, CHAPTER 1, SECTION 2, OF THE ENGLEWOOD MUNICIPAL CODE '69, AS AMENDED, REGARDING ENGLEWOOD PUBLIC LIBRARY AD-VISORY BOARD. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 21, SERIES OF 1984, ON FINAL READING. Council Member Silo seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Silo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1984 * * * * BY AUTHORITY A BILL FOR * * * COUNCIL BILL NO. 27.1 INTRODUCED BY COUNCIL MEMBER SILO AN ORDINANCE ADOPTING THE JOINT· RECREATION AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND SCHOOL DISTRICT NO. 1, COUNTY OF ARAPAHOE, COLORADO, TO TAKE EFFECT JANUARY 1, 1985. COUNCIL MEMBER SILO MOVED TO PASS COUNCIL BILL NO. 27.1, SERIES OF 1984, ON FIRST READING. Council Member Weist seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abstain: Council Members Higday, Neal, Vobejda, Weist, Silo, Otis. None. Mayor Pro Tern Bradshaw. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1984 * * * * BY AUTHORITY * • * * COUNCIL BILL NO. 28.1 INTRODUCED BY COUNCIL I • • (( • August 6, 1984 Page 15 A BILL FOR • • • MEMBER HIGDAY AN ORDINANCE APPROVING THE USE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND SCHOOL DISTRICT NO. 1, ARAPAHOE COUNTY, COLORADO, CON- CERNING DUNCAN SCHOOL. COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 28.1, SERIES OF 1984, ON FIRST READING. Council Member Bilo seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abstain: Council Members Higday, Neal, Vobejda, Weist, Bilo, Otis. None. Mayor Pro Tern Bradshaw. The Mayor declared the motion carried. Council Member Neal commended the efforts of staff and the School/City Committee in drafting both Council Bills No. 27.1 and No. 28 .1. ORDINANCE NO. SERIES OF 1984 • • • • BY AUTHORITY A BILL FOR • • • COUNCIL BILL NO. 29 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE SUPPLEMENTING ORDINANCE NO. 71, SERIES OF 1981, FINALLY PASSED AND ADOPTED ON OCTOBER 19, 1981, AND PROVIDING FOR AN AMENDMENT TO THE ASSESSMENT ROLL IN CONNECTION WITH DOWNTOWN IMPROVEMENT DISTRICT NO. 1980-1, IN THE CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 29, SERIES OF 1984, ON FIRST READING, AND TO SET A PUBLIC HEARING FOR MONDAY, AUGUST 27, 1984, AT 5:30 P.M. TO HEAR THE HATTER. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis • • I • - ( ( • August 6, 1984 Page 16 Nays: None. • • • The Mayor declared the motion carried • ORDINANCE NO. SERIES OF 1984 • • • • BY AUTHORITY A BILL FOR • • • COUNCIL BILL NO. 30 INTRODUCED BY COUNCIL MEMBER VOBEJDA AN ORDINANCE ADOPTING THE FIRST SUPPLEMENTAL CONTRACT WITH THE STATE DEPARTMENT OF HIGHWAYS AMENDING ESTIMATED COSTS AND ESCROW CONDITIONS OF THE ORIGINAL CONTRACT, PROVIDING FOR THE RECONSTRUCTION OF THE CITY DITCH. COUNCIL MEMBER VOBEJDA MOVED TO PASS COUNCIL BILL NO. 30, SERIES OF 1984, ON FIRST READING. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • ORDINANCE NO. SERIES OF 1984 • • • • BY AUTHORITY A BILL FOR • • • COUNCIL BILL NO. 31 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE ZONING NEWLY ANNEXED PARCELS OF LAND TO THE CITY OF ENGLE- WOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM AN UNZONED CLASSIFICATION TO R-3, HIGH DENSITY RESIDENCE, AND B-2, BUSINESS, AND DECLARING AN EMER- GENCY. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 31, SERIES OF 1984, ON FIRST READING, AND TO SET A PUBLIC HEARING FOR MONDAY, AUGUST 27, 1984, AT 5:30 P.M. TO HEAR THE MATTER. Council Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: I • - ( • August 6, 1984 Page 17 Ayes: Nays: • • • Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES m· 1984 * * * * BY AUTHORITY A BILL FOR * * * COUNCIL BILL NO. 32 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING AMENDMENT TO AGREEMENT REGARDING LITTLE DRY CREEK CONSTRUCTION OF AND ACQUISITION OF RIGHT-OF-WAY IMPROVEMENTS BETWEEN THE CITY OF ENGLEWOOD AND URBAN DRAINAGE AND FLOOD CONTROL DISTRICT CONCERN- ING THE DETENTION POND PROJECT. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 32, SERIES OF 1984, ON FIRST READING. Council Member Neal seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1984 * * * * BY AUTHORITY A BILL FOR * * * COUNCIL BILL NO. 33 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE APPROVING THE CONNECTOR'S AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE FOR TREATMENT OF WASTEWATER IN COUNTY LINE LANDFILL. • I • - • ( • Augus t 6, 1984 Page 18 • • • COUNCIL MEMBER NEAL MOV ED TO PASS COUNC I L BILL NO . 3 3 , SERIES OF 1984, ON FIRST READING. Council Member Bilo seconded the motion. Upon a c a ll of the roll, the vote resulted as fol l ows: Ayes: Nays: Council Members Higday, Neal, Vobe j d a , Wei st, Bil o, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1984 • • • • BY AUTHORITY A BILL FOR • • • COUNCIL BI LL NO. 34 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AUTHORIZING THE EXECUTION OF A QUIT CLAIM DEED TO THE CITY OF LITTLETON TO CORRECT TITLE TO THE SOUTH METRO FIRE TRA I NING ACADEMY. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 34, SERIES OF 1984, ON FIRST READING. Counc i l Member Vobejda second e d the motion. Upon a c all o f the roll, the v ote resulted a s follows: Ayes: Nays: Council Memb e rs Hi gday, Nea l , Vobe j d a , We ist , Bi lo, Brad s h a w, Oti s. No ne . The Mayo r declared t h e motion carried. RESOLUTION NO. 27 SERIES OF 1984 • • • • • • • A RESOLUTION RECOMMENDING THE DEVELOPMENT OF AN EQUITABLE FORMULA FOR THE DISTRIBUTION OF OLDER AMERICANS ACT FUNDS TO THE DENVER REGION. COUNCIL MEMBER BILO MOVED TO PASS RESOLUTION NO. 27 , SERIES OF 1984 . Council Member Higday seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes: Council Members Higday, Neal, Vobejda, Weist, Silo, Bradshaw, Otis. • I • • - • ( • August 6, 1984 Page 19 Nays: None. • • • The Mayor declared the motion carried. RESOLUTION NO. 28 SERIES OF 1984 • * * • • • • A RESOLUTION AMENDING THE WATER ENTERPRISE FUND. COUNCIL MEMBER HIGDAY MOVED TO PASS RESOLUTION NO. 28, SERIES OF 1984. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 29 SERIES OF 1984 * * * * * * • A RESOLUTION APPROVING AN EASEMENT REQUIRED BY AGREEMENT. City Attorney Olsen noted the agreement provided for an easement to the Kamphausens in connection with McLellan Reservoir, and fulfills an obligation of the City to the Kamphausens spelled out in a previous agreement in 1960. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 29, SERIES OF 1984. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • * * * * * • * • I • • - • ( • August 6, 1984 Page 20 • • • City Manager McCown presented a Council Communication concerning the Concrete Repair Program, 1984 Revised. Hr. McCown recommended award of the City's portion of the program to Dakolios Construction in the amount of $38,473.55; and further recommended that the City be allowed to include some additional sidewalk improvements in the areas bounded by City property solely at the City's expense. COUNCIL MEMBER NEAL MOVED TO AWARD THE BID FOR THE CONCRETE REPLACEMENT PROGRAM FOR 1984 TO DAKOLIOS CONSTRUCTION IN THE AMOUNT OF $38,473.55 AND AUTHORIZE THE CITY MANAGER TO EXPEND UP TO $50,000 FOR ADDITIONAL CONCRETE WORK THAT MIGHT HAD AT THOSE PRICES. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • • • • • • • • City Manager McCown presented a Council Communication concerning the Elsie Malley parking lot t3. Hr. McCown recommended awarding the lot bid to Penner Building Systems, Inc. in the amount of $49,380. Mr. McCown stated the work was for the construction of the parking lot on the east side of the Malley Center. COUNCIL MEMBER BRADSHAW MOVED TO AWARD THE CONSTRUCTION CONTRACT FOR HALLEY PARKING LOT 13 (CONCRETE IMPROVEMENTS) TO PENNER BUILDING SYSTEMS, INC. IN THE AMOUNT OF $49,380. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • • • • • • • • City Manager McCown presented a Council Communication and reso- lution concerning the six-quarter budget for the period of July, 1984 through December, 1985 • RESOLUTION NO. 30 SERIES OF 1984 • I • • - • .. August 6, 1984 Page 21 • • • A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 30, SERIES OF 1984. Council · Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * City Manager McCown presented a Council Communication from the Urban Renewal Authority and asked Council Member Neal to provide com- ments. Council Member Neal stated the situation was that some of the property being purchased for "Englewood Parkway" is currently assigned by First Interstate Bank for tenant parking. Mr. Neal recommended purchas- ing the parking lot north of First Interstate Bank from KRAVCO and leas- 1 ing it to First Interstate Bank to fulfil tenant parking. • RESOLUTION NO. 31 SERIES OF 1984 A RESOLUTION AMENDING THE 1984 GENERAL FUND BUDGET TO TRANSFER FUNDS TO THE URBAN RENEWAL AUTHORITY FOR LAND ACQUISITION NECESSARY FOR IMPLE- MENTATION OF THE DOWNTOWN REDEVELOPMENT PLAN. COUNCIL MEMBER NEAL MOVED TO PASS RESOLUTION NO. 31, SERIES OF 1984. Council Member Bilo seconded the motion. City Attorney Olsen offered the following language as the sixth "Whereas" to bring the resolution in compliance with Charter require- ments: "Whereas, the General Fund Budget transfer proposed herein could not have been and was not foreseen at the time of the adoption of the budget;" COUNCIL MEMBER HIGDAY MOVED TO AMEND THE MOTION BY ADDING THE LANGUAGE OFFERED BY CITY ATTORNEY OLSEN. Council Member Bradshaw sec- onded the motion. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis • • I • • - • August 6, 1984 Page 22 Nays: None. • • • The Mayor declared the motion carried. Upon a call of the roll, the vote on the original motion result- ed as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * Council Member Neal recommended leaving the vacancy on the EDDA unfilled and requested time at some later date to discuss decreasing the size to nine members. * * • * • * * Mayor Otis encouraged Council to read the memo fr.om Assistant I City Manager Vargas concerning consent agendas. ( • agenda. Mayor Otis and Mayor Pro Tern Bradshaw asked for a sample consent * * • * * * * Council Member Neal suggested beginning the vote for Mayor and Mayor Pro Tern to secret ballot. * * * * * * * An attendee in the audience asked Council if passage of so many bills and ordinances as was done at this meeting was possible without the public knowing since no one remainded in the audience. Council explained the bills and ordinances were published in the newspapers and noted that representatives of the press were still present at this meeting. Council Member Neal stated the point was well taken and wished that more people would take interest. The young man stated he would take it as his own initiative to make people aware of what was going on. • I • • I • • August 6, 1984 Page 23 • • • • • • • • • There was no further business discussed. • • • • • • • • COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at 10:05 p.m. • I • • - ( '• I • • • • . ' • COURT ADVISORY COMMITTEE April 23, 1984 Minutes MEMBERS PRESENT: Harry Fleenor Glen Waddell Jim Curnes MEMBERS ABSENT: ALSO PRESENT: Tim Flynn Vic Klein Gary Higbee 5 A .. 1. The meeting was called to order by Harry Fleenor at 7:20p.m., and quorum was present. 2. Amendments were that Glen Waddell was absent and that the requirement to submit Municipal Court reports were quarterly, not monthly. 3. WADDELL MOVED AND CURNES SECONDED TO ACCEPT THE MINUTES OF MARCH 26, 1984, AS AMENDED. The motion passed unanimously. 4 . The next meeting was set for May 14, 1984, 7:00p.m. 5. Fleenor read a letter from Municipal Court Judge concerning Municipal Court relocation. The Subject was deferred until the next ~eeting. 6. Fleenor reported that Peter Ney would accept $600.00 as payment for attorney fees on administrative procedures and would drop the suit. CURNES MOVED AND WADDELL SECONDED TO COMMUNICATE THE ABOVE TO COUNCIL. Motion passed unanimously. 7. The committee discussed the concept of splitting the judgeship. CURNES MOVED AND WADDELL SECONDED TO HAVE THE JUDGE ATTEND THE NEXT MEETING TO DISCUSS WHAT THE JUDGE HOPES TO ACCOMPLISH BY SPLITTING. Motion passed unanimously. The meeting adjourned at 8:04 p.m . • I • • - • • • • • COURT ADVISORY COMMITTEE June 11, 1984 Minutes MEMBERS PRESENT: Harry Fleenor Glen Waddell Jim Curnes MEMBERS ABSENT : ALSO PRESENT: Tim Flynn Vic Klein Carolyne Boettger Municipal Court Judge Parkinson 5 A 1. The meeting was called to order at 7:35 p.m. and chairman Fleenor declared a quorum was present. 2. consideration of the minutes of April 23, 1984, was deferred until later in the meeting. 3. Judge Parkinson discussed issues of : 1) splitting judgeships; 2) associate judge selection; and 3) relocation of court room facilities. Judge Parkinson noted Section 68, page 20, of the Home Rule Charter allows for additional judges. Judge Parkinson stated advantages of having two judges were 1) flexibility for court and presiding judge; and 2) allowance for two judges to sit on cases simultaneously, (e.g. two separate court rooms); without increasing current budget for salaries. The Judge stated •another advantage is that it would allow both judges to develop a private practice of their own. The ec-ittee noted there should be a senior jucSge and junior judges under the proposed structure. The Coaaittee decided at this point to consider the Bdnutes of April 23, 1984. CURNES MOVED AND WADDELL SECONDED TO APPROVE THE MINU'l'ES OF APRIL 23, 1984. The motion passed unanimously. Reverting to previous discussion, Judge Parkinson suggested the two judges serve on staggered four (4) year terms. Judge Parkinson concluded his discussion stating that no emergency exists now. The eo.mittee asked the Judge to provide his recoaasndations in draft fora before the aatter was forwarded to City Council . Concerning the next issue on associate judges and appointaent thereof, Judge Parkinson stated he was having probl-.. getting three candidates as the eo.aittee currently proposed • The Ooaaittee asked the Judge to draft his reco.aendations relating to selecting associate judges. The Co.aittee noted discussion concerning relocation of court rooa facilities would be delayed pending further direction froa City council. (Reference City Council ainutes of May 7, 1984) • I • - r • COURT ADVISORY COMMITTEE MINUTES OF JUNE 11, 1984 Page 2 • • • 4 . Carolyne Boettger transmitted the first quarterly report for 1984. Ms. Boettger informed the Committee the software programs were progressing and anticipated completion by end of the year. CURNES MOVED AND WADDELL SECONDED RECEIVING THE REPORT. The motion passed unanimously. 5. Agenda items for the next meeting set for July 9, 1984, 7:00 p.m. in Conference Room A were determined to be: a) draft letter from Fleenor to City Council re: Ney. b) recommendations for Judge Parkinson re: splitting judgeship and associate judge selection. c) tentative figures on 1985 Proposed budget. The meeting adjourned at 8:25 p.m. • I • • - • • • • • BOARD OF CAREER SERVICE COMMISSIONERS MAY 17, 1984 MINUTES PRESENT: Catherine Pokraka, Janet Kerzic, Betty Keena, Thomas Fitzpatrick, Donald Weber. ABSENT: None OTHERS PRESENT: John Wing, E.P.B.A. President * * * * * 5 8 Chairman Weber called the meeting to order. Commissioner Fitzpatrick moved, seconded by Commissioner Keena, to approve the minutes of the March 15, 1984 regular meeting. AYES: Pokraka, Kerzic, Keena, Fitzpatrick, Weber NAYS: None Item two on the agenda was the Associations' Choice. John Wing, E.P.B.A. President was present. There were no representative from E.F.F.A. or E.E.A./A.F.s.c.M.E. in attendance. Item three on the agenda was the City Manager's Choice. There was no representative present. Item four on the agenda was the Commissioners' Choice. Commissioner Keena proposed the selection of a Vice-Chairman and nominated Cathy Pokraka. Commissioner Fitzpatrick seconded the nomination. AYES: Kerzic, Keena, Fitzpatrick, Naber NAYS: None Commissioner Pokraka accepted the nomination. Commissioner Keena suggested starting the Board's regular meetings at 6:30 p.m. rather than 7:00 p .m. All commissioners were in concurance. Chairman Weber directed that a notice of the time change be sent to all employees. There being no further business before the Board, Chairman Weber adjourned the May 17, 1984 regular meeting at 7:15 p.m • ~~-,J vaere ~ £!to~(~ secretary I • • ( • • • • ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS Regular J~eeting Wednesday, June 27, 1984 5 c The Regular Meeting of the Englewood Housing Authority was called to order at 5:10 p.m. on June 27, 1984, by Chairman Thomas J. Burns at Simon Center, 3333 South Lincoln St., Englewood, Colorado, 80110. I. ROLL CALL --·--·------ Members Present: Thomas J. Burns, Chairman Betty Beier, Vice Chairman Beverly Bradshaw, Member (arrived at 6:15p .m.) Valerie Lash, Member Cindy Peterson, Member Members Absent: None Also Present: Frances Buck Jonas, Executive Director -EHA II. Grace Hedges, Vice President, Tenant Counci 1, Orchard Place Gilbert E. Vocate, President, MacMillan, Hagen, Vocate, Inc. Mary A. Ryan, Recording Secretary The Chairman declared a quorum to be present. Amendments to Minutes of the Regular Meeting of the Englewood Housing Authority held May 30, 1984 : Page 2 Page 4 Pa £e 5 Sixth Paragraph -seventh line: delete "a 20 % cost reduction in Public Service Company bills for Simon Center ... " Add "a 20 % cost reduction in cost of domestic hot water for Simon Center in lieu thereof. After Third Paragraph, add a new paragraph which states: "The suggestions ~ade by Mr. Short would amount to policy changes concerning Rehab work, and would be made only by the Board of Commissioners at the recommendation of the Englewood Housing Authority staff." First Paragraph -first line : Delete "It was reported to the Board of Commissioners . Add "A memo was submitted to the Board of Commissioners from Susan Powers, Director of Community Development, stating that ... " in lieu thereof. A-1 I • • - • Englewood Housing Authority Board of Commissioners Meeting, June 27, 1984 • • • Page Three Mr. Gilb e rt E. Vo cate, President of MacMillan , Ha g en , Voc at e, In c ., Co mme r c ial Builde rs , spo ke co nce ptually to the Board of Com mi ssione rs about the idea of land owners leasing to the State of Colorado c erta i n parcels of ground to be developed as housing for low income persons who would in turn lease the land instead of an outright purchase of the property. Mr . Vocate estimated a decrease in the monthly purchase price installment payment of $100.00, if the land to be built on was leased by the home buyer . The discussion ensuing raised such questions as rights of home owners lea s ing land, duration and renewal of such leases, and reevaluation of prope r ty value after development. Advantages of leasing ground at a lower i nterest rate and tax advantages to be realized from leasing ground from the State of Colorado were given a brief discussion. Mr. Vocate indicated that his reason for bringing th i s proposal to the Engl e wood Housing Authority Board of Commissioners was that he felt th e Hous in g Authority would have more impact reque s ting this type of lea s e arrangement with the State of Colorado for development of hous i ng f or low in c ome persons than he would as a private developer. Mr. Voca t e app ris ed the Board of Commissioners of his preliminary talks with HUD , attorn e y s, and of hi s potential site examinations . Mr . Vocate cited a s an example of his land planning and development t he Tim be r Lea Subd i v i s i on in the 3000 South Block of Emerson Way and ga ve a b rie f ou t line of the types of housing targeted a t low income perso n s he would li ke t o s ee developed in the Englewood area using such a leasing a r range ment . A s urvey to be presented to the State of Colo r ado defining hou si ng nee d s in the City of Englewood was briefly discus s ed . It was the decision of t he Eng l ewood Hou s ing Authority Board of Commi s - sioners t hat a g reat deal mo re resear c h needed to be done on the proposal before the En g lewood Hou si ng Autho r ity Boa r d of Comm iss ioners would consider requesti ng t he Stat e o f Colorado ente r i nto su c h a lease a rra nge- ment for the purpose of de velopin g hou si ng a im e d a t l ow inc ome person s . I I I. ~ ~.!!!:.! c~ou s !.~~ CO 48-3 Duplexes The Status Report for the Duplexes was given a brief examination by the Board of Commissioners of the Englewood Housing Authority. Executive Director of t h e Eng l ew ood Hou si ng Au tho r i ty, Fr an ces Buck Jonas, reported that a privacy fe nce had b een i n sta ll e d by t he d e veloper between the duplex located at 3726-3730 South Inca Street a nd t he new office building parking lot. The fence looked v ery nice acc o r d ing to Ms. Jonas' report. • I • • • • • • Engl e wood Housing Auth or ity Boa r d of Com missioner s Me e ting, Jun e 27 , 19 8 4 Pag e Two Page 5 After Second Paragraph, add : MOTIO~ "IT WAS MOVED BY CINDY PETERSON THAT THE ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS GO INTO EXECUTIVE SESSION. BEVERLY BRADSHAW SECONDED TH E MOTIO N. AYES: NAYS: BURNS, BEIER, BRADSHAW, LASH, PETERSON NONE ABSENT: NONE The Chairman declared the Motion carried." MOTION --- BETTY BEIER MOVED THAT THE MINUTES OF THE ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS ' MEETING HELD MAY 30, 1984, BE ACCEPTED WITH AMENDMENTS AS STATED . CINDY PETERSON SECONDED THE MOTION. AYES: NAYS : ABS ENT: BURN S , BEIE R, LASH, PET ERSON NO NE BRA DSHAW The Chairman declared the Motio n ca rrie d. MOTION IT WAS MOVED BY BETTY BEIER THAT THE MINUTES OF THE EN GLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS' MEETINGS HELD FEBRUARY 1, 1984, AND OCTOBER 26, 1983, BE APPROVED AND ACCEPTED AS SUBrliTTED. CINDY PETERSON SECONDED THE MOTIO N. AYES: NAYS: ABSENT: BURNS, BEIER, LASH, PETERSON NONE BRADSHAW The Chairman declared the Motion carried . I . • - • • Englewood Housing Authority Board of Commissioner s Meeting, June 27 , 19 8 4 • • • Page Thr ee Mr. Gilbert E. Vo c ate, President of MacMillan, Hagen, Vocate, Inc., Commercial Builders, spoke conceptually to the Board of Commissioner s about the idea of land owners leasing to the State of Colorado c ertain parcels of ground to be developed as housing for low income persons who would in turn lease the land instead of an outright purchase of the property. Mr. Vocate estimated a decrease in the monthly pur ch ase price installment payment of $100.00, if the land to be built on was leased by the home buyer. The discussion ensuing raised such questions as rights of home owners leasing land, duration and renewal of such leases, and reevaluation of property value after development. Advantages of leasing ground at a lower interest rate and tax advantages to be realized from leasing ground from the State of Colorado were given a brief discussion. Mr. Vocate indicated that his reason for bringing this proposal to the Englewood Housing Authority Board of Commissioners was that he felt the Housing Authority would have more impact requesting this type of lease arrangement with the State of Colorado for development of housing for low income persons than he would as a private developer . Mr . Vocate apprised the Board of Commissioners of his preliminary talks with HUD, attorneys, and of hi s potential si te examinations. Mr. Vocate cited as an example of his land planning and development the Timber Lea Subdivision in the 3000 South Block of Emerson Way and gave a brief outline of the types of housing targeted at low income persons he would like to se e developed in the Englewood area using such a le a sing a rr angement. A survey to be presented to the State of Colorado defining housing needs in the City of Englewood wa s briefly di scuss ed. It was the decision of the Eng lewood Housing Authority Board of Commis- sioners that a great deal more research needed to be done on the proposal before the Eng lewood Housing Authority Boa rd of Commissioners would consider requesti ng the Sta t e of Colorado enter into such a lease arrange- ment for the purpose of de veloping housing aimed at low income persons. I I I . PUBLIC HOUSING ---------·-·- CO 48-3 Duplexes The Status Report for the Duplexes was given a brief examination by the Board of Commissioners of the Englewood Housing Authority. Executive Director of the Englewood Housing Aut hority, Frances Buck Jonas, reporte d that a privacy fence had been installed by the developer between the duplex located at 3726-3730 South Inca Street and the new office building parking lot. The fence looked very nice according to Ms. Jonas' report. • I • • • Eng l ewood Housing Auth ority Goard of Commissioners Meet in g, June 27, 1984 CO 48-2 Orchard Place • • • Page Four The Status Repo rt for Orchard Place was summarily noted by the Englewood Housing Authority Board of Commissioners . The Maintenance Status Report was submitted to the Englewood Housing Authority Board of Commissio ner s and was duly noted. Exec utive Director Jonas reported briefly to the Englewood Housing Authority Board of Commissioners concerning injuries suffered by the maintenance trainee and the maintenance man at Orchard Place. IV. SIMON CENTER The Status Report for Simon Center was concisely noted. Item C-2 o n th e Agenda, Definition of Family memo, submitted by Fran c es Buck J ona s, wa s noted by the Board of Commissioners with brief discussion ensuing. r~OTl ON CI NDY PETERSON MOVED THAT THE ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS ACCEPT THE DEFINITION OF FAMILY ADOPTED FOR ORCHARD PLACE AS THE DEFINITION OF FAMILY TO BE ADOPTED FOR SIMON CENTER. VALERIE LASH SEC ONDED THE MOTION. AYES: NAYS: ABSENT: BURNS, BEIE R, BRADSHAW, LASH, PETERSON NONE NONE The Chairman declared the Motion carried. Item C-3, the 1984 Operating Budget for Simon Center was submitted to the Englewood Housing Authority Board of Commissioners for information only. No action was required or taken by the Board. The survey of Simon Center tenants regarding visitor parking was next discussed. Frances Buck Jonas reported that the tenants of Simon Center had a difficult time answering the questions on the survey, and that the survey was not very definitive. Betty Beier , Vice Chairman of the Englewood Housing Authority Board of Commissioners stated that it was extremely important that the Englewood Housi ng Authority ensure adequate parking in the Simon Center parking lot for both tenants and their visitors. • a s I • - • • Englewood Housing Authority Board of Commissioners Meeting, June 27, 1984 • • • Page Five Item C-5, the Commodity Distribution Letter Contract was brought to the attention of the Board of Commissioners. Frances Buck Jonas gave a brief history of events leading up to the use of Simon Center's Community Room for distribution of food. The Board of Commissioners queried the Executive Director on such matters regarding the Commodity Distribution Program as who would receive the food; what the income guidelines were; logistics involved with using Simon Center for a distribution center, specifically, temperature control, security risks and precautions, storage locations, and ingress and egress of recipients throu g h Simon Center. Ms. Jonas further reported that the Tenant Council of Simon Center had thoroughly discussed and approved the use of the Community Room for such commodities distribution before the program was begun. v. SECTION 8 EXISTING The Section 8 Existing Status Report was noted by the Englewood Housing Authority Board of Commissioners with little discussion following . Item D-2, Proposed New Lease for Section 8 Existing Program, was brought before the Board of Commissioners. Ms. Jonas reported to the Board of Commissioners that comments from Englewood Housing Authority Attorney Robert B. Moch had not been received as yet, but the lease was presented to the Board members in the hopes that it would be adopted pending approval of Mr . Moch . The HUD Addendum incorporated into the Section 8 Existing Lease was given succinct analyzation by the Board of Commissioners with the length of time period for returning the security deposit being briefly touched upon. ~~ IT WAS MOVED BY CINDY PETERSON THAT THE ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS ADOPT THE NEW LEASE FOR SECTION 8 EXISTING PENDING ANY CHANGES OR REVISIONS ADVISED BY ENGLEWOOD HOUSING AUTHORITY COUNSELOR AT LAW ROBERT B. MOCH. BETTY BEIER SECONDED THE MOTION. AYES: NAYS: ABSENT: BURNS, BEIER, BRADSHAW, LASH, PETERSON NONE NONE The Chairman declared the Motion carried. Joyce Brei, Leased Housing Manager, presented Item D-3 on the Agenda, Project Self Sufficiency. Ms. Brei gave an informed and detailed exposition on ProJect ~elf Sufficiency explaining who the project would aid and "ow single heads of households would benefit from family • I • • - • Englewood Housing Autho r ity Boa r d of Commission e r s Mee ting, June 2 7, 19 8 4 • • • Page S i x counselling, help with day care and transportation, vocational train i ng, and aid in acquiring housing assistance through the Section 8 Ex istin g Program. Ms. Br ei told the Board of Commiss i oners how Project Self Suffi c iency would aid those persons qualified for housing assistance to be c ome more productive citizens of the City of Englewood and how tho s e same persons would be helped to become less dependent on publ ic as s i s tance. The Leased Housing Manager concisely informed the Boa rd of Comm i ssioner s about HUD 's re quire ments concerning the appointmen t of a Ta s k Fo rc e by the Ci ty of Englewood. Such Task Force is to b e comp ris ed of those i ndividuals recommended by staff of the Englewood Housing Authority. MOTION I T WA S r1 0VED BY BEVERLY BRADSHAW THAT THE CHAIRMAN OF THE ENGLEWOOD HOU S ING AUTHOR I TY BOARD OF COMMISSIONERS WRITE A LETTER TO THE MAYOR OF THE CITY OF ENGLEWOOD AND ENGLEWOOD CITY COUNCIL REQUESTING PART ICI - PATION BY THE CIT Y OF ENGLEWOOD IN PROJECT SELF SUFF I CIENCY BY SUBM ITTING TO HUD AN AP PLIC ATIO N PREPARED BY THE ENGLEWOOD HOUS I NG AUTHOR I TY STAF F REQUE ST ING FU ND I NG FO R PRO J ECT SELF SUFFICIENCY. THE CITY OF ENGLEWOOD WOULD FURTH ER BE REQU ES TED TO APPOINT A TASK FORCE COMPRISED OF THOSE INDIVIDUAL S RECOMME NDED BY THE ENGLEWOOD HOU SI NG AUTHORITY TO ADM I NISTER PRO J ECT S ELF SUF F IC I EN CY. CI NDY PETERSON SECONDED THE MOTION. AYES : NAYS: ABSENT: VI. , BU RNS , BEIE R, BRAD SHAW, LASH, PETERSON NO NE NO NE The Ch a irman decla red th e Motio n to be c arr i ed . REHABILIT ATION PROG RAM ---- The Rehab Status Report was noted by the Englewo o d Housi ng Authority Board of Commissioners. Ms. Jonas informed the Board of Commissioners that the Englewood Housing Authority is in the process of finishing projects funded by the 1982 CDBG and the 1983 State Division of Housing Rehab Grant, with anticipation of new rehab projects to be started with additional funds received from the Colorado Division of Housing and Community Development Block Grant program funds. The ARRP Status Report was noted by t he Englewoo d Housing Authority Board of Commissioners and discussed briefly. Item EJa, the ARRP Budget Breakdown was given a lengt hy study on the estimated and actual costs of the work as shown , and on money needed to complete the multiples. Ways and means for red ucing costs and differe~+ types of financing were among the numerous topics included in this discussion . • I • - • • • Englewood Housing Authority Board of Commissioners Meeting, June 27, 1g34 MOTION • • • Page Seven BEVERLY BRADSHAW MOVED TO AUTHORIZE THE ENGLEWOOD HOUSING AUTHORITY TO WITHDRAW ADDITIONAL FUNDS UP TO $140,000.00 (ONE HUNDRED FORTY THOUSAND DOLLARS) FROM THE SIMON CENTER RESERVE ACCOUNT, TO BE DRAWN ONLY AS NEEDED, FOR THE COMPLETION OF THE MULTIPLES. CINDY PETE RSON SECONDED THE MOTION. AYES: NAYS: ABSENT: BURNS, BEIER, BRADSHAW, LASH, PETERSON NONE NONE The Chairman declared the Motion to be carried. Letters from the State of Colorado, Division of Housing and a letter from Governor Richard D. Lamm concerning funding awarded to the Englewood Housing Authority were noted by the Board of Commissioners. MOTION --- IT WAS MOVED BY BETTY BEIER TO DEFER ACTION ON THE REHAB LOAN LIMITS ON MULTIPLES MEMO (ITEM E-6 ON THE AGENDA FOR THE ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS' MEETING HELD JUNE 27, 1984) UNTIL THE MEETING TO BE HELD JULY 25, 1984. BEVERLY BRADSHAW SECONDED THE MOTION. AYES : NAYS: ABSENT: BURNS, BEIER, BRADSHAW, LASH, PETERSON NONE NONE The Chairma n declared the Motion carried. The Status of Rehab Loan No. 92 was discussed by the Board of Commis- sioners. The discussion centered around the recommendations of Englewood Hou si ng Authority Attorney Robert B. Moch concerning fore- closure. MOTION --- IT WAS MOVED BY CINDY PETERSON TO AUTHORIZE THE ENGLEWOOD HOUSING AUTHORITY ATTORNEY ROBERT B. MOCH TO FORECLOSE ON REHAB LOAN NO . 92 IF THE FIRST MORTGAGEE, BEING FIRST INTERSTATE REAL ESTATE SERVICES, NOTIFIES THE ENGLEWOOD HOUSING AUTHORITY THAT THEY (THE FIRST MORTGAGEE) INTENDS TO FORECLOSE. VALERIE LASH SECONDED THE MOTION. AYES: NAYS: ABSENT : BURNS, BEIER, BRADSHAW, LASH, PETERSON NONE NONE The Chairman declared the Motion carried . • I . • - • • • • Englewood Housing Authority Board of Commissioners Meeting, June 27, 1984 Page Eight Item E-8 on the Agenda, letter to the Honorable Eugene l. Otis, Mayor of the City of Englewood, from Morgan Smith, Executive Directo r, Department of local Affairs, State of Colorado, awarding Community Development Block Grant funds in the amount of $250,000.00 to the City of Englewood, was noted with pleasure by the Board of Commissioners. Item E-9, 1984 "Small Cities" CDBG Awards, was noted by the Board of Commissioners with little discussion. Item E-10, letter to Chairman Thomas J. Burns from William C. Neill, President of First Interstate Bank, regarding the reappointment of Mr. Thomas A. Dinkel, Vice President of First Interstate Bank, to replace Mr. Harold Flora as the bank's representati ve on the Rehab loan Committee for the Englewood Housing Authority was noted briefly. Topics brought to the attention of the Englewood Housing Authority Board of Commissioners by Executive Director Jonas for brief perusal were as follows: l. A brief update on the filing system. 2. A brief update on the audit of the Englewood Housing Authority. 3. The Solar Retrofit Equipment Proposal has gone to HUD and the Englewood Housing Authority attorney for scrutiny. 4. HUD has been asked if Orchard Place is allowed to expend project funds to have an air conditioning unit installed in the lounge area. 5. The water-proofing proposal for Orchard Place . 6. The accounting system. The NAHRO Commissioners Educational Conference to be held in Denver on Ju ly 27 and 28, 1984, was discussed. It was determined that there was no further business to be discussed by the Englewood Housing Authority Bo ard of Commissioners. MOTION -- IT WAS MOVED BY BEVERLY BRADSHAW THAT THE MEETING OF THE ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS HELD JUNE 27, 1984, BE ADJOURNED. CINDY PETERSON SECONDED THE MOTION. AYES: NAYS: ABSENT: BURNS, BEIER, BRADSHAW, LASH, PETERSON NONE NONE The Chairman declared the Motion carried. The Meeting was adjourned at 9:33 p.m • • I • • - • • Englewood Housing Authority Board of Commissioners Meeting, June 27, 1984 Foregoing Minutes submitted by : • • • Page Nine The Minutes of the Regular Meeting of the Englewo0d Housing Authority Board of Commissioners held June 27, 1984, stand approved as amended . 4~-Cha~ Q A 4 ' (C) _&,y,j ~ ...-, ·~ rr::aiices Buck nas ·--- Executive Dir. tor • I • • • • • • ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY 3535 S. Sherman -Englewood , CO 80110 MINtrrES July 11, 1984 5 D Board Members Present: Close, Coleman, Green, Holthaus, Kaufman, Mausolf, Oswald, Owens, Pendleton, Tomooka Board Members Absent: Neal Staff Present: M. Haviland, P. Dietrich Guests: Dorothy Dalquist, Dick Hinson, Andy McCown, Donna Sovern The regular meeting of the Board of Directors of the Englewood Downtown Development Authority was called to order at 12:08 PM on July 11, 1984 by Chairman Bill Pendleton. The minutes from the June 13, 1984 meeting were presented for approval. Mr. Kaufman noted that he had made the motion to approve the nomination of Bill Pendleton as Chairman. This wss noted and changed in the official minutes. Mr. Oswald moved, seconded by Ms. Owens, to approve the corrected minutes. The motion was passed unanimously by voice vote. Mr. Green presented the Treasurer's Report. Mr. Mausolf moved, seconded by Mrs. Holthaus, to accept the Treasurer's Report. The motion was passed unani- mously by voice vote. CHAIRMAN'S REPORT Mr. Pendleton welcomed the new board members to the EDDA: John Oswald from Swedish Medical Center and Ken Mausolf, Broadway merchant. Resolution -Mr. Pendleton presented a resolution acknowledging the work and dedication of Walt Tomooka as past chairman of EDDA: I • • • Page Two Minutes July 11, 1984 • • • WHEREAS, Walter Tomooka has displayed leadership that has provided a positive direction for the EDDA, and WHEREAS, Walter Tomooka has demonstrated a commitment to the revitalization of downtown Englewood , NOW, THEREFORE LET IT BE RESOLVED that the Board of Directors sin- cerely thank Walter Tomooka for his time, effort and dedication as the Chairman of the Englewood Downtown Development Authority. Mrs. Holthaus moved, seconded by Mr. Close, to approve the resolut i on. The motion was passed unanimously by voic e v ot e . Trolley Sguare Ground Breaking -Mr. Pendl eton reported on t he ground breaki ng e vent for Trolley Square. It was noted that the hotel i s pl anning to break g round about March, 1985. Statewide Development Corporation -Rachel Owen s is the representative f rom Englewood to this development corporation. She noted that on July 2 5 the Bo ard will me e t to formulate policy and loan c riteria f or small businesses. Th e primary purpose of this will be to emphasize employm en t . DIRECT OR'S REPORT Cit y of Engl ewood Chambe r of Comm e r ce - cussed t he alloca t i o n of t his mon ey and the g r ant. Mr. Ka u fman moved , second e d $5,000 to the Chamber of Commerce. The left to the discretion of the Chamber. of these funds would be reported to the unanimously by voice vote. Re gu e st fo r $5,000 -The Board dis - what the origi nal in t e n tion wa s f o r by Mr. Ma uso lf, t o allocat e t he en tire specific allocation of fu nd s will be Mr. Coleman noted that a full accounting EDDA Board. The motion was passed Marketing Study -Mr. Haviland has received a proposal from Rocky Mountain Research Institute regarding a study that could identify a strong economic development policy for this area. This study would be sympathetic to the con- cerns of the area. Mr. Coleman requested that the City of Englewood Chamber of Commerce be includ ed in the marketing study. He indicated that the Chamber would like to participate, and perhaps, could fund a portion of the study. Mr. Haviland noted that the content of this study would go beyond a fact finding stage and could produce a marketing plan. Because of the downtown redevelopment efforts, the timing would be excellent for this goal. It was noted that it is important that Cinderella City and Swedish Medical Center participate because of their importance to the economy of the City of Englewood. I • • \ - • Page Three Minutes July 11, 1984 • • • Other -Barry Coleman presented a rendering of his building that he had independently contracted for. He was pleased with it and indicated that he would take this design to the Design Review Committee. Other -Mr. Close submitted his resignation. Because he is moving his business out of the Englewood are as a result of the redevelopment project, he would no longer be eligible fornembership on the EDDA Board of Directors. Mrs. Holthaus moved, seconded by Mr. Coleman, to accept, with regrets, the resignation of Gordon Close. The motion was passed unanimously by voice vote. Other -Mr. McCown noted that he would send a schedule of street closures to EDDA. There being no further business, the meeting was adjourned at 1:35 PM. I . - ( • • • • MINU TES ENG LEWOOD, COLORAD O BOARD OF ADJUSTMENT AND APPEALS J uly 11 , 198 4 The regular meeting o f the Board of Adjustment and Appeals began at 7:30p.m. MEMBERS PRESENT: MEMB ERS ABSEN T: ALSO PRESENT: Seymour, Hallagin, Dawson, Fish, Ferguson and Gage. Br own. David Menzies, Assistant City Attorney Dorothy A. Romans, Staff Advisor Larry D. Yenglin, Planner I Sheryl Rousses, Recording Secretary * * * * * Chairman Gage called the meeting to order and stated that wi th six members present , five vo t es would be required to grant a variance. BOARD MEMBER SEYMOUR MOVED THAT THE MI NUTES OF THE MEETING OF JUN E 13, 1984, BE APPROV ED AS WRITTE N. Boar d Member Daw son sec onded the mo tion . Upon a v ote a ll s ix members vo ted in t he a ffirmat i ve, a nd t he Ch a irman ruled t hat the Min u t e s f r om J une 13, 1984, we r e APPROVED a s wr i tten . * * * * * BOARD MEMBE R SEYMOUR MOVED THAT THE FINDINGS OF FACT FOR CAS ES 18-84 AND 19-84 BE APPROVED AS WRITTEN. Board Member Hallagin seconded the motion. Upon a vote, all six members voted in the affirmative, and the Chairman ruled that the Findings of Fact for Cases 18-84 and 19-84 were APPROVED as written. * * * * * The Chairman stated that the Public Hearing for Case No. 20-84 was open, and said that he had proof of posting and publication. He asked that the staff identify the request. Mr. Yenglin stated that the applicant isrequesting permission to operate an automobile repair business in the B-1, Business District. All work will take place within the building at the rear of the property. This is a variance from the Comprehensive Zoning Ordinance, Section 16.4-10 b, Permitted Principal Uses. The Chairman asked that the applicant come forward for testimony. Michael S. Cullifer, 3229~ South Lincoln Street came forward nd was sworn in. Mr. Cullifer asked that a variance be granted to him on a year-to-year basis I • • • • • -2- t o permit the opera tion of a n au tomo t ive repair business i n the building on the rear o f his property in order that he c a n repair and restore Brit i sh sports cars. He said that his bus i ness would cause no discomfort o r i nconven i enc e t o the neighbors. This wil l be a one-man operati on with low t ra ffic v o lume; all work will be done by appo i ntmen t , and wil l take plac e with i n the build i ng. There will be little noise. He would never have more than fo ur c ars at on e time. He has been working on the bu i lding to bring it up t o Co de , and there will be no addit ions t o the bu ild i ng exc e pt fo r a n exhaus t f a n . Mr. Fish asked if Mr . Cullifer was aware o f the cond i tion s sugges t ed by t he Depar t ment of Communit y Development, and would a g ree t o t he cond i t ions. Mr. Cullifer said he was aware of the conditions, and agreed t o them . Mr. Fish and Mr. Ferguso n asked if there would be customer parking on the stree t or alley , as this is already a crowded area. Mr. Cullifer said all of the o pera- t i on wi l l be conta i ned i n the building on the rear o f the property . There were no further questions. The Chairman asked if there were any other speakers in support of the variance. John Schieving, 3 216 South Lincoln, was sworn in. He said that he knows the applicant and has found him to be honest and a good mechanic. Mr. Schievi ng said that Mr. Culli f er would take good care of the property and has already brought t he building up to Code . The business will be run from the alley. Mr. Frank Remes, 3201 South Lincoln, was sworn in. He said that the proposed business would be better for the neighborhood than the previous business, which was noisy. There were no further speakers in favor of the variance. There were no speakers opposed to the variance. The Chairman made the Staff Report part o f the record and asked if the staff had further c omments. Mrs. Romans said she had no thing to add. Chairman Gage closed the Public Hearing for Case No. 20-84. BOARD MEMBER SEYMOUR MOVED THAT THE APPLICANT, MI CHAEL S. CULLIF ER, BE GRANTED PERMISSION TO OPERATE AN AUTOMOTIVE REPAIR BUSINESS I N THE B-1, BUSINESS DISTR I CT AT 3229 ~ SOUTH LINCOLN STREET WI TH THE FOLLOWIN G CONDITIONS: 1. THAT TH E VAR I ANC E BE GRA NTED TO MIC HAEL S. CULLIFE R ONLY. 2. THAT TH E OPERATION BE REVIEWED ANNUALLY BY THE BOARD OF ADJUSTMENT AN D AP PEALS . 3. THAT CARS BEING SE RVICED OR WAITING FOR SERVICE NOT BE PARKED OUTSIDE OF THE STRUCTURE. 4. THAT NO EQUIPMENT OR MATERIALS BE STORED OUTSIDE OF THE ENCLOSED STRUCTURE . 5. THAT ALL WORK SHALL BE PERFORMED WITHIN THE ENCLOSED STRUCTURE. Board Member Hallagin seconded t he motion. Discussion followed. Upon a vote, all six members voted in the affirmative and the Chairman ruled that the variance was GRANTED with the above conditions. The members gave their findings as follows: • I • ] • • • • -3- Mr. Seymour said there were no o bject ions , and the applicant met the six cond itions ne c essary for a varianc e . The p roperty backs up to a commer cial area, and this proj e ct will be an asset to the neighborhood. Mr . Hallagin voted "yes" and said that the business would be good for the neighbo r- hood. Mrs. Dawson said there were man y supporter s for t he variance, and this will be a good use for the property . Mr. Fish voted "yes" bec ause granting the request would not we aken the Or dinance and there were uniq ue c ircumstances. Mr. Ferguson stated that the six conditions had been me t, and there fore, he voted in fav or of granting the variance. Mr. Gage stated that the six conditions had been met, and he concurred with the rest of the Board in voting to g ran t a variance. * * * * * The Chairman opened the Public Hearing on Case No . 21 -84. He stated that he had proo f of posting and publication, and asked that the staff identify the request. Mr. Yenglin stated that the applicant is requesting a reduction in the minimum rear yard setback for two buildings. One building would have a zero foot rear yard setback, the other building would be set back 12 ~ feet from the rear property line. The required setback is 50 feet. This is a variance from the Comprehensive Zoning Ordinance, Section 22.4-14 c -Minimum Yard. The Chairman asked that the applicant come forward for testimony. Mr. Dennis McLean, 1725 South Grant Street, Denver, CO, was s worn in for testimony. He stated that, if he is held to the required 50 foot setback for his proper ty, 40% of his lot wil l be lost as the lot is only 125 fe e t deep. He wants to build 7,000 square f eet in one bu ilding and 5,000 square f ee t in the second. He plans the development to be a builder's park with twelve units for small contrac- tors. He said that there wou ld be parallel parking on one side of the buildings with 45" angled parking, wh ich was planned after the Fire Department objected to 90" parking. There will be 20 foot entrance roads, and they do not require access to the alley, although he preferred to have such access. He said that the present fence is not located on the property, but is five feet out into the alley. Mr. McLean plans to move the fence. He said that there is a warehouse already existing near this property which has a 0' setback. Mr. Seymour said that some improvement might be necessary for the alley. Mr. McLean said that he would be willing to do what was required, and suggested gravel. Mrs. Romans said that it is sometimes required by the Director of Engineering Services that the alley be paved. Mr. McLean said that his project is expected to run around $250,000, and he could not afford to pave the entire alley, and would rather design so that the alley could not be used. The Board discussed how to design the lot so that no access could be obtained to the alley. There were no further speakers in favor of the variance. James The Chairman asked if there were any speakers opposed to the variance. Davis, 2047 South Delaware, came forward and was sworn in for testimony. stated that he owns the property across the alley from the subject site. the previous owners built the fence in the wrong place, part of his back • He Because yard I • • - • • • • -4- has been preempted for the alley. He did not want any building to take place which would cause this situation to continue. He said there are utility poles which follow the fence line and those poles should be removed. The Board stated that while they c ould not be involved in the problem of the alley, the granting of the variance and the correction of the fence line migh t be to Mr. Davis' advantage. There were no other speakers in opposition to the variance. The applicant suggested a curb to block access to could be placed across the back of the property. would be attractive and would bring income to the and the existing building would be remodeled. the alley or that planters He stated that his buildings City. He would landscape, There were no questions from the Board. The Chairman asked that the Staf f Rep ort be incorporated into the Record and asked if the staff had anything further to add. Mrs. Romans stated that the 50 foot setback is unreasonable on a platted block with 125 foot lots. Industrial areas are not ordinarily platted in 25 foot by 125 foot lots and do not generally abut residential areas. She stated that the staff is of the opinion that the plans could be improved in resp o nse to questions raised by the Fire and Engineering Departments. BOARD MEMBER SEYMOUR MOVED THAT IN CASE NO. 21-84, DENNIS MCLEAN BE GRANTED A VARIANCE FOR 2820 SOUTH ELATI STREET PERMITTING A REDUCTION IN THE MINIMUM REAR YARD SETBACK FOR TWO BUILDINGS. ONE BUILDING WOULD HAVE A ZERO FOOT REAR YARD SETBACK, THE OTHER BUILDING WOULD BE SET BACK 12~ FEET FROM THE REAR PROPERTY LINE. THIS VARIANCE WOULD BE CONTINGENT UPON A SITE PLAN TO BE APPROVED BY THE CITY WHICH WOULD RESTRICT INDUSTRIAL TRAFFIC IN THE ALLEY AND REDUCE NEGATIVE EFFECTS IN THE RESIDENTIAL NEIGHBORHOOD. THE ALLEY MUST BE IMPROVED TO CITY STANDARDS. THE SITE PLAN MUST BE IN CONFORMANCE WITH OFF-STREET PARKING AND LOADING REQUIREMENTS. Board Member Ferguson seconded the motion. Discussion followed. Upon a vote, all six member s voted in the affirmative and the Cha i rman ruled that the variance wa s GRANTED. Th e members gave their findings as follows: Mr. Seymour stated that the neighborhood needs improvement, and the only objection to the variance may actually be answered by the granting of the variance. Mr. Hallagin stated that the project will be a good one if the applicant will work with the City to improve the plans. Mrs. Dawson said that she voted "yes " because there are other buildings in the area that go all the way to the alley. Offices with storage are need ed, and the City and applicant can work out the problems. Mr. Fish said he voted "yes" because it is unique for the industrial district to be so close to a residential area; the fifty foot setback is harsh on a lot wh ich is only 125 feet deep; and the n w development will be beneficial to the neighborhood • • I • • - • • • • -5- Mr. Ferguson said he voted "yes" because there is a hardship, and the applicant agreed to work with the City to improve the plans. Mr. Gage said he voted "yes" because there was a hardship; this project will improve the neighborhood; and other buildings on the block have a zero foot setback . DIRECTOR'S CHOICE. Mrs. Romans stated that the O'Connor hearing is scheduled for July 19, 1984, at 2 :00 p.m. in Division 5 before Judge Levi, on the top floor of the Littleton Court House. BOARD'S CHOICE. Chairman Gage introduced David Menzies as the Assistant City Attorney who will be working with the Board. Mrs. Romans reminded the Board that the City of Englewood picnic will take place July 21, at Bear Creek Park. The meeting adjourned at 8:49 p.m. Sheryl Rousses, Recording Secretary • I • • ' • • • - CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION JULY 17, 1984 I. CALL TO ORDER. 5 F The regular meeting of the City Planning and Zoning Commission was called to order by Chairman McBrayer at 7:00 P. M. Members present: Becker, Carson, Magnuson, McBrayer, Stoel, Tanguma, Venard, Barbre Dorothy Romans, Assistant Director for Planning Members absent: Allen Also present: City Attorney Jack Olsen Senior Planner Susan T. King II. APPROVAL OF MINUTES. July 10, 1984 Chairman McBrayer stated that the Minutes of the Special Meeting of July 10, 1984 were to be considered for approval. Carson moved: Stoel seconded: The Minutes of July 10, 1984 be approved as written. AYES: Carson, Magnuson, McBrayer, Stoel, Tanguma, Venard, Barbre, Becker NAYS: None ABSENT: Allen The motion carried. III. STATE HIGHWAY DEPARTMENT. South Santa Fe Drive Mr. McBrayer introduced Mr. Ken Conyers of the State Highway Department and asked Mr. Conyers to make the presentation regarding improvement of the South Santa Fe Drive corridor. Mr. Conyers stated that Environmental Assessment reports are or will soon be avialable on the improvements proposed on South Santa Fe Drive at West Dartmouth Avenue, and at the West Quincy/West Oxford intersections. Mr. Conyers gave a slide presentation on improvements that are underway along the Santa Fe Drive corridor, and on other thoroughfares, which improvements are financed by the Interstate Fund Transfer process. Mr. Conyers stated that the bulk of the Interstate Transfer money is being used in the southwest quadrant on improvement projects. At the time that I-470 was withdrawn from the interstate system, the funding for these improvements was taken out of the interstate funding and put into the interstate transfer fund. Eighteen million dollars of the interstate transfer fund money went to complete the 16th Street Mall in Denver • • I • • • • • .. -2- Mr. Conyers then addressed improvements in Denver and Littleton along South Santa Fe Drive. Improvements that are proposed within the Engle- wood area are an urban interchange at Belleview and Santa Fe Drive, closure of the Quincy/Santa Fe Drive interchange, improvement of the intersection at Oxford and Santa Fe Drive, and improvement of the inter- section at Dartmouth and Santa Fe Drive. Improvements will also be done at U.S. 285 and Santa Fe Drive to eliminate the bottleneck of westbound traffic on U.S. 285 over the Platte River. Mr. Conyers further discussed th e funding for the road improvement pro- jects, and noted that C-470 receives 51% of the funding to Colorado, and the Santa Fe corridor will receive 25% of the funding. Mr. Conyers stated that the Federal/State match on funds is 85%/15%. Mr. Conyers further discussed the funding for the Highway projects, noting that C-470 has a $19,000,000 shortfall at the present time. Mr. Conyers discussed the urban interchange proposed at Evans and South Santa Fe Drive. Mr. Conyers stated that South Santa Fe Drive is proposed to be six lanes south of Evans Avenu e, and eight lanes between West Mississippi and West Evans Avenue s . Mr. Carson asked what improvements are proposed at the Oxford intersection. Mr. Conyers stated that the improvements include separation of the rail- road tracks from the Oxford roadway; there will not be an interchange con- structed, but there would be rut improved intersection; turn lanes on South Santa Fe Drive would be provided. Mr. Conyers stated that the Tufts Avenue intersection with South Santa Fe Drive will be closed. In discussing the financial outlook for the highway improvement projects, Mr. Conyers s tat ed that at the present rate of funding, the Department will run out of money for the improvements within 3.5 years. They are putting together a proposed budget at this time to take to Washington D.C. in hopes of receiving additional funding. Mr. Conyers stated that this shortfall of funds would affect the projects scheduled for Dartmouth, Quincy and Oxford on South Santa Fe Drive. Mr. Tanguma asked if any study had been done on the impact the street closures , such as the Tufts/Santa Fe Drive and Quincy/Santa Fe Drive intersections, would have on other streets. Mr. Conyers stated that he has worked and is continuing to work with Public Works Director Waggoner and with the City of Sheridan regarding the impact of the street closures. Mr. Tanguma stated that with the closure of two inter- sections, it would seem to place a greater traffic burden on Oxford Avenue. Mr. Conyers stated that they will continue to work with the municipalities to channel the traffic through the Oxford/Santa Fe Drive intersection. Mr. McBrayer asked why it is felt that the urban interchanges are better than the diamond or clover-leaf interchanges. Mr. Conyers stated that the urban interchange moves traffic through the intersections better, noting that one signal can handle the turning movements for vehicles seeking access to the elevated system, whereas with the conventional intersection it requires two signals and results in a slowing of traffic. Neither does the urban interchang require as much right-of-way as the diamond or clover-leaf interchange . • I • • ' • • • - -3- Mrs. Becker discussed h e r c oncerns with the proposed urban interchange and the problem with i c ing during the wint e r months. Mr. Conyers stated that the Colorado Boulevard/1-25 intersection is a modified urban design. He stated that the areas below the ramps will not be totally open, but will have earth fill and retaining walls; there will still be problems with icing, however, and this will be a maintenance responsibility to keep the ramps sanded and in condition to move traffic. Mr. McBrayer stated that members of the audience may have some questions of Mr. Conyers, and opened the meeting to questions. A gentleman in the audience questioned the turning movements Mr. Conyers had described using the urban interchange. Mr. Conyers drew the turning movements out for the audience to view, pointing out there is no conflict in the turning movements, and that t he o nly l ight would b e at the ramp intersections with the elevated street. A lady in the audience expressed concern that OKford Avenue cannot handle the increased traffic that will result from the closure of the Quincy and Tufts intersections. Mrs. Barbara Laube asked for definitio n of "improvements" in relation to the Dartmouth Av e nue intersection. Mr. Co nyer s stated that there will be increased storage for left-turning moveme nts. Mrs. Laube asked if there will be a pedestri an crossing . Mr. Co nyer s s tated that they do propose pedestrian crossings. Mr. Venard asked how far the six lane improvement at Evans Avenue extends south. Mr. Conyers s tat e d that South Santa Fe Drive will be six lanes south to Church Street i n Li ttl eton. Improvement to Santa Fe Drive south of Lit t l eton in the Blakeland area was discussed. Mr. Becker dis cussed a v e ry dangerous intersection of C-470 and Santa Fe Drive , and a ske d what i mprovement s are proposed the r e . Mr. Conyers s ug g es t e d t hat t he Dis t ric t Engine e r f o r that particular high- way distric t s houl d b e contac t ed . Mr s. Laub e aske d wh a t time frame is prop osed for t h e im provements at Dartmouth Av e nu e. Mr. Conyers stated t hat the time frame is dependent on t h e rece i p t of the funding; the first priority is to com plet e the Eva ns Avenu e interchange, and then improvements at Hampden Ave nue a nd Bellev iew Avenue. Dartmouth and Oxford improvements would follo w. Mr. McBrayer ex pressed the appreciation of the Commission for Mr. Conyer's attendan ce and presentation. IV. SU BDI VISION PLAT Quincy Haven CASE 1125-84 Mr. McBrayer asked f o r a motion t o o pen the Public Hearing. Magnuson moved: Beck e r seconded: The Public Hearing on Cas e #25-84 be opened . AYES: NAYS: Magnuson, McBrayer, Stoel, Tanguma, Venard, Barbre , Becker, Carson None • I • • • • • - -4- ABSENT: Allen The motion carried. Mr. McBrayer asked for verification of notification of the Public Hearing. The secretary presented the Chairman with co pies of certified letters whic h were sent to all property owners ad joining the pro posed subdivision. Mr. McBrayer reviewed the procedure which would be followed in conduct of the Public Hearing, and the course of action open to the Commission. He asked that anyone wishing to address the Commission come to the podium and be sworn in. Mr. McBrayer stated that Commission members were sent a staff report prior to the meeting, and asked that this staff report be made a part of the record of the Hearing. The width of the roadway and the impact this may have on emergency equip- ment was discussed. Mr. McBrayer sugg e sted that one of the conditions should be that this private roadway be designated as a Fire Lane for the entire length, and that no parking be permitted in the roadway. Mr. Tanguma n o ted that two o f the lots are cited as being below lot area, and asked what the minimum lot area i s in this zone. Mrs. Romans stated that 6,000 s q. ft. is the minimum lot area, and that s he felt possibly some of the lo ts could be redrawn to give the minimum lot area to every lot in the s ubdivisio n. Mr. McBrayer noted on Page 4 of the staff repo rt, Building & Safety in- dicates that o ne fire hydrant must be supplied, while the Fire Depart- ment requires two fire hydrant s . Mr. McBrayer asked if the staff had any further information to add at this point. Ms. King stated that an additional easement has been requested by Mountain Bell to provide service to the Subdivision . Secondly, the Util ities Depart- ment is con cerned that actual design of the water and sewer line location has not been submitted; Ms. King stated that the s taff suggests that sub- mission of the water and sewer line location be made Condition #5 as part of the approval, and that Condition H6 be that a five foot easement on the east 148.76' of Lot 3, Block 2, is added to the Plat. A seventh condition would be that the street be designated as a Fire Lane. Mr. McBrayer asked that this all be made part of the record and conditions for approval. He suggested that Condition #2 should be separated, and that Condition 112 read: "The roadway shall be one-way", and that Condition 07 read that: "The roadway shall be designated as a Fire Lane, and on-street parking shall be prohibited." Mr. McBrayer asked if the applicant was present, and if he would make his presentation. Mr. Doug Riley, 2655 A South Xanadu Way, Aurora, was sworn in, and sta ted that he is president of Pinetonc Prop rties, owner of the property. Mr. Riley stated that he has had extensive me tings with th City staff re- garding th design of the propos d subdivision plat. Mr. Riley stated that there are a couple items they want to discuss furth r with City staff, on being the matter of the fire hydrants with the Fire Depart- • I • • • • • -5- ment. Mr. Riley stated that this is a small subdivision, and they want to keep it economically feasible for them, and for prospective home purchasers. The inclusion of sidewalks on one side of the private road- way was an issue that Mr. Riley wanted to discuss further, also. He pointed out that this is a "loop road", and many such small areas do not have curb, gutters, or sidewalks. He would like to discuss this with the Engineering Department to determine if it would be possible to delete the construction of a sidewalk. He stated that they had planned to have the "rolled curb" along both sides of the roadway. He stated that if they have to include sidewalks, they would "have to re-evaluate the project." Mr. Riley stated that they have done all the work on the utility design, and emphasized that it is critical to the developers that the project be economically feasible. Mr. McBrayer suggested that Condition #4 be reworded to state that the "Fire hydrant(s) shall be located to the satisfaction of the Fire Chief." Mrs. Becker asked if the developer planned to construct homes that would be of sufficient size to accommodate a family with children. Mr. Riley stated that these would be smaller single-family homes, and he would anticipate that first-home buyers would be the prime purchasers; possibly some retired couples would be interested in them. The homes would be two- bedroom, with approximately 900 to 1,100 square feet. Mrs. Becker stated that if children will be living in this development sidewalks must be included, because the children need some place to walk on their way to school; she noted other areas of town where there are no sidewalks, and that the children have to walk in the street, which is a very unsafe factor for anyone. Mr. Riley pointed out that this will not be a two-way public street, and felt that this should be taken into con- sideration by the Commission. Mr. McBrayer asked if anyone in the audience wished to speak in favor of the proposed subdivision. Tom Townsend 699 Eas t Tufts -wa s s worn in , and stated that he is in favor of the Subdivision Plat . Mr . To wnsend testified that he is acting as Mr. Riley's agent; he has reviewed the proposed Subdivision Plat, and is of the opinion that the Plat is in order. Mr. Townsend stated that in discussions with Fire Chief Broman, one hydrant on the northwest corner was considered, and this is all that was wanted; the engineer who drafted the plat included a second hydrant. Mr. To wnsend s tated that he feels the proposed subdivision and development is a practical use of land which was annexed to the City in 1955, and noted that there have been several problems with potential development of the property. He is of the opinion this will be an asset to the City, and will add to the housing stock of the City. Mr. Townsend stated that he did not see a great necessity for sidewalk along the private roadway, and noted that there is V-gutter on each side of the roadway. He pointed out that there would be insufficient property on the west to put in a complete sidewalk. Mr. McBrayer asked if anyone els favor of the subdivision. No one in th udienc wish d to speak in lse spok in favor. Mr. McBrayer then asked if nyon wish d to sp ak in opposition to the subdivision . • I • • • • • • -6- Mr. George Stampados 4325 South Lipan Street -was sworn in. Mr. Stampados stated that he did not want to speak in opposition, but to ask questions. He asked if the development would be single-family homes. If the roadway within the development is a private road, will this be maintained by an association of the subdivision owners. Mr. McBrayer stated that the development is for single-family homes, and the private roadway would have to be maintained by the property owners adjoining the private road. Mr. Stampados asked where guests would park. He noted that it appears there would be little driveway area, and if on-street parking is re- stricted, this leaves no guest parking area. Mr. Stampados also asked what is proposed in the way of street lighting. Mr. Stampados stated that the utility lines which serve his area now are "dangerously" low, and that he can nearly touch the wire by just reaching up. He asked if the utility lines could be placed underground. Mr. McBrayer suggested that Mr. Stampados should call Public Service Company about the low wire. Mr. Stampados stated that he has contacted Public Service, and it was suggested that t he homeowners pay to have another pole installed. He stated that a 240 foot span between poles i s too long. Mr. Mervin Doane 1201 West Radcliff -was swon1 in, and asked about the drainge of storm waters from this development; in which direction will the waters flow. Mr. McBrayer asked if Mr. Riley o r Mr. To wnsend wanted to respond to the questions thus far pos e d. Mr. Townsend stated that r egarding drainage, the r e is a 30" storm sewer line in Quincy Av e nue; there is a catch basin on the west s ide of the private roadway, wh e re the s t o rm runoff will collect, and then be piped to tie into the storm sewer line in Quincy. Mr. McBrayer asked about the provision of guest parking. Mr . Townsend stated that the elimination of all on-s treet parking does create problems for guest parking; the Fire Department had suggested elimination of parking on only one side of th e private roadway, but the Engineering De partment suggests elimination of all on-street parking. Mr. McBrayer suggested that possibly one area of four or five spaces could be designated as guest parking only. Mr. Townsend stated that he felt this would be satisfactory to the developers if this could be done. Mr. McBrayer asked that this be addressed on the Final Plat. Mr. McBrayer asked about street lighting. Mr. Townsend stated that there are no plans for street lighting at this time. Mr. McBrayer suggested that this issue also be addressed o n the Final Plat. Mr. McBrayer asked if anyone else in the audience wished to speak. Joe Hoener 1241 West Radcliff -was sworn in , and posed questions for the developer. He wanted to know wher they got easements from the adjacent property OWllers. Does the developer plan to install privacy • I • - ' • • • • -7- fences between the properties. Is the developer aware of the rodent problem the neighbors have had with the subject property. Ed Dillon 1145 West Quincy -was sworn in, and asked the price range of the homes to be built, will they fit into the community, or would they be "inferior" quality; will the applicant build the homes himself, or will someone else do the actual development; what types of homes are proposed --single-family or multi-family. Mr. Dillon stated that he did not want to see any type of multi-family development across the street from his home. Mr. McBrayer stated that the issue before the Commission is the physical division of the land, not the type of homes that may be built on the site. He asked if anyone else had comments. Mr. Riley stated that the easement he negotiated with adjoining property owners is on the west side of the property. Regarding the fencing question, if there are fences, they will be whatever the individual property owner wants to erect; he does not plan to construct fencing around and between each lot. He stated that he was not aware of the rodent problem. He stated that he has spent $5,000 to $6,000 tearing down old buildings on the site, and could get pest control companies out there to get rid of the rats. Mr. Riley stated that the cost of the project dictates that the development will be "nice" dwelling units, but that you cannot screen buyers interested in locating in this area. Mr. McBrayer pointed out that this is zoned R-1-C, and suggested that Hr. Dillon might want to obtain a copy of the R-1-C Zone District regula-tions from the Planning Department. Mrs. Marianne Hoener 1241 West Radcliff Avenue -was sworn in, and stated that if Mr. Riley was not aware of the rodent problem, he could check with the City and with Tri-County Health; both agencies have received many calls in the last 1-1/2 years regarding the rodents on this site. Mr. McBrayer asked if anyone else wished to address the Commission. There was no one who wished to address the Commission. Carson moved: Stoel seconded: The Public Hearing be closed. AYES: McBrayer, Stoel, Tanguma, Venard, Barbre, Becker, Carson, Magnuson NAYS: None ABSENT: Allen The motion carried. Discussion ensued. Condition #8 will read: matter of street lighting; Condition #9 will be provided by the developer. Developer is to address the read: Guest parking will Mr. McBrayer asked about the drainage plan. Mrs. Romans stated that the drainage plan has been submitted, and the Engineering Department has not stated that there is any problem with the drainage as shown • I • • • • • • -8- Becker moved: Stoel & Venard seconded: The Planning Commission approve the Preliminary Subdivision Plat of Quincy Haven Subdivision, with the following conditions: 1. The Plat shall show that the roadway is privately owned and shall be maintained by the adjacent property owners. 2 . The private roadway shall be one-way. 3. A sidewalk shall be designated on one side of the private roadway. 4 . Fire hydrant(s) shall be located to the satisfaction of the Fire Chief. 5. Water and sewer line location shall be shown on the Final Plat. 6. A five foot easement on the east 148.76' of Lot 3, Block 2, be shown on the Plat for utility purposes. 7. The private roadway shall be designated as a Fire Lane, and on- street parking shall be prohibited. 8. Street lighting is to be addressed on the Final Plat. 9. Guest parking shall be provided by the developer, the location of which shall be shown on the Final Plat. Mrs. Becker stated that she wanted t o emphasize the need for sidewalks on at least one side of the private roadway. Mr. McBrayer stated that he felt the proposed subdivision will clear the way for development of this area, and will solve the rodent problems the neighbors have had with the vacant property; this will cure an "eye- sore" in the neighborhood, and he is in favor of seeing this property developed. Mrs . Becker stated that she felt the neighbors will find that this is an appropriate development, and it will clean up a problem area. The pro- posed development will bring in new housing to the City. Mr. McBrayer suggested that if the developer so desires, he might want to investigate "decorative street lighting", or incorporating lighting along the roadway by the mailboxes, etc. The vote on the motion was called: AYES: Stoel, Tanguma, Venard, Barbre, Becker, Carson, Magnuson, McBrayer NAYS: None ABSENT: Allen The motion carried. Mrs. Romans stated that the applicant will prepare a Final Plat incor- porating th suggestions and conditions of th Commission, and will be back before the Commission for approval of the Final Plat. Hr. McBrayer asked that all the adjoining property owners be notified of the data this matter will be befor the Commission again • • I • • - • V. SUBDIVISION WAIVER Jay Hamburg, Applicant -9- • • • CASE 1126-84 Mr. McBrayer stated that this request is for a waiver to the Subdivision Regulations. Mr. McBrayer asked if the staff wished to make a presentation on this matter. It was noted that the applicant was not in attendanc e. Brief discussion ensued, and it was determined that an attempt would be made to reach the applicant. * * * * * A recess of the Commission was c all ed at 8:50 P. M. The meeting reconven e d a t 8:55 P. M. PRESENT: Tanguma, Venard, Barbre, Becker, Carson, Magnuson, McBrayer, Stoel ABSENT: Allen * * * * * Mr. McBrayer sugges ted that Cases #26-84 and #27-84 be tabled inasmuch as the applicant i s not present. Mrs. Romans s tated that the staff has gotten in touch with the applicant, who stated that he was not no tified of the meeting, but he will b e h e re within a s ho rt time. VI. USE NOT MEN TIONED. Ge rontology Cen t e r Dun c an Eleme nt a ry School CAS E #2 9-84 Mr . Mc Brayer s ta ted t hat t his case d eals with the p r o posed use of the vacant Dun c an El emen t a r y School as a geron tology center o perat ed by Swedish Me d ical Center. He asked if the Commission had any quest i ons regarding t h e staff report. Mrs. Becker asked if the parking that is available would be sufficient for the new gerontology center and the use of the grounds. Mrs. Romans stated that the parking for the school use has been on-street. Mrs. Romans pointed out that Mr. Klever of Swedish Medical Center is present, and could answer specific questions. Mrs. Becker asked who would be responsible for care of the grounds. Mrs. Romans stated that the City will continue to be respons i ble for the grounds maintenance, and will continue to lease the grounds from the School District for use as park space. Mrs. Romans stated that the City and School District are renegotiating an agreement addressing th use and maintenance of the grounds. At the present time, there are two agreements between the City and School District, one of which covers the grounds, and the other pertains to both the use of the building nd the grounds. Mr. McBrayer asked if the applicant would like to make a pr aentation • I • • • • • • -10- Mr. Jim Phillippe of the School Administration stated that the Board of Education is asking the Planning Commission to consider the use of the vacant Duncan Elementary School as a gerontology c~tter to be operated by Swedish Medical Center. This is a program which is geared to be of assistance to the senior citizens in Englewood. The School Board and administration feel that the proposed gerontology center is a good use of the vacant building, will provide services to a segment of the Engle- wood population, and will not be offensive to the neighbors in the area. City Attorney Olsen asked if the School Board had taken any action on the redraft of the Agreement . Mr . Ph illippe said that the Agreement was con- sidered, and basically a pp rov ed. Mr . Olsen pointed out that this Agree- ment also calls for the public use of two restrooms with exterior access. Mr. Phillippe agreed. Mr . Phillippe stated that the Agreement does have a one-year termination notice. Mr. Olsen stated that this is a reciprocal right . Discussion ensued. Carson moved: Magnuson & Stoel seconded: The Planning Commission approve the use of the vacant Duncan Elementary School by Swedish Medical Center as a Gerontology Center. AYES: Venard, Barbre, Becker, Carson, Magnuson, McBrayer, Stoel, Ta nguma NAYS: None ABSENT: Allen The motion carried . VII. CAPITAL IMPROVEMENT PROGRAM. The Commission discussed the issue of the Capital Improvement Program. Carson moved: Magnuson seconded: The City Manager be notified that the Commission recommends that the existing Capital Improvement Program be implemented in 1985. Further discussion ensued. Mrs. Becker stated that she has researched the information submitted to the Commission, and that the Commission recommendation does have influence on the final projects which are funded; she stated that she is of the opinion that consideration of the requests by the Commission is of value. Mr. Stoel pointed out that with the time frame and financial situation, there is nothing that can be done for new projects in 1985. Mr. McBrayer stated that he feels the Goals program that the Commission has adopted is productive, and a way to "make things happen"; he stated that the Commission does know what the priority of the City Council is on Capital Improvement funding at this time, however. Mr. Venard ask d at what point in tim would some of the projects the Commission is working on be submitted for consideration by the Council. He suggested that a letter stating some of the projects the Commission • I • • / .I • • • -11- is considering be submitted to the City Co uncil. Mr. McBrayer stated that the City Council is in possess i on of the Go al s and Work Program of the Commission, which was given to City Council at the Commission/Council dinner meeting. Mrs. Becker suggested that the Commis s ion shoul d work toward having the projects ready for submission at the time of the budget preparation process in 1985. Brief dis c us s ion f ollowe d. Th e vote on the motion was c alled: AYES: Barbre, Becker, Carson, Magnus o n, McB rayer , St oel , Tanguma, Venard NAYS: None ABSENT: Allen The motion carried. VIII. PUBLIC FORUM. Mr. McBrayer noted that there was no one present for Public Forum. IX. DIRECTOR'S CHOICE. Mrs. Romans stated that she would hope to be abl e t o schedule time in the next month to consider the Administrative and General Regulations, Nonconforming Use, and Definitions sections of the Comprehensive Zoning Ordinance so that Public Hearings may be scheduled. The City Council will hold a Public Hearing on the Fence Ordinance, the revised I-1, Light Industrial Zone Distric t, and the ameodment to the B-1, Business Zone Dis trict on Augu s t 6, 1984. Mrs. Becker asked if the City wo uld be observing Colorado Day o n August 6th. Mr s . Romans stated that City Hall will be open, a nd that Colorado Day i s not a Holiday for City employees. XI . SUBDIVISION WAI VE R Jay Hamburg, Ap plicant CASE #26-84 Mr. McBrayer stated that the applicant on this case is now in attendance. The request is for a waiver of the Subdivision Regulations requirement that a subdivision plat be prepared and filed. Mr. McBrayer noted that members of the Commission were in receipt of the staff report, and asked if they had any questions of the staff. There being no questions, Mr. McBrayer asked Mr. Hamburg to address the Commission. Mr. Hamburg, 7347 South Ridgeview Drive, Littleton, stated t hat the prop- erty in question is on the west side of South San ta Fe Drive , sou th of West Union Avenue. Mr. Hamburg stated that he has nothing additiona l to add to the s t aff report. Mrs. Becker stat d that the small map indicates that the prop erty abuts South Santa Fe Drive. Mr. Hamburg stated that this is incorrect ; there is a 25 ft. eas ment road extending west from South Santa Fe Drive to this property. Mr. McBrayer asked if th staff had anything furth r to add. • • I • • - • • • • - -12- Mrs. Romans stated that a comment from Mr. Glenn Neal with Mountain Bell has been received. Mr. Neal stated that Mountain Bell will need an ease- ment to run an underground line, and suggested that this easement could be within the 20 ft. planting strip proposed by Mr. Hamburg. If the planting strip and easement can be accommodated in the same 20 foot width, additional easements for Mountain Bell will not be needed. Rick Kahm of the City Engineering Department, has indicated that the drainage will have to be resolved before any building permits are issued. Mr. McBrayer asked if the landscaping provided by the plat complies with the landscaping ordinance. Ms. King stated that it does comply. Carson moved: Stoel seconded: The request of Jay Hamburg for a waiver to the Subdivision Regulations for property at West Union Avenue and South Santa Fe Drive be approved with the following conditions: 1. One additional fire hydrant must be designated on the Waiver Plat and provided at the westernmost access road. 2. Fire lanes must be shown on the Subdivision Waiver Plat and must be marked; no-parking areas must be posted as specified by the Code Administrator. 3. All water and sewer mains are to be public mains, and placed in 20 foot wide recorded easements which are to be shown on the Subdivision Waiver Plat. Where water and sewer mains share the same easement, the easement shall be 30 feet wide. The easements shall also extend the full length and width so that the mains will be accessible to adjacent properties. 4. Water and sewer construction plans showing plan, profile and details, must be submitted for approval by the Utilities Department before the Department will sign off on a Building Permit application. 5. The drainage system for this site shall be resolved prior to issuance of any building permits. AYES: Barbre, Becker, Carson, Magnuson, McBrayer, Stoel, Tanguma, Venard NAYS: None ABSENT: Allen The motion carried. XII. OFF-STREET PARKING PLAN Jay Hamburg CASE 1127-84 Mr. McBrayer stated that this case pertains to an off-street parking lot plan for the property previously considered for waiver to the Sub- division Regulations. Mr. McBrayer stated that the Commsision will be considering the design of the parking lot, the ingress/egress, and circulation within the lot. Mrs. Becker discussed the egress onto Santa Fe Drive from this site; at the present time, right and left turning movements are permitted • I • '· • • • -13- onto Santa Fe Drive. When the improvements to South Santa Fe Drive are made, would this point of access be eliminated, or limited to righ t turn only. Mr. Hamburg stated that he has disc us sed this with the officials from the State Highway Department, and it is his understanding that when the improvements r each this area, it would b e limited t o right-t um only movement s . Mr . McBrayer asked i f the staff had anything to add. Mrs. Romans stated that the staff does have concern about the indication of parking spaces in front of the overhead doors. If this area is to be available for loading, parking should not be indicated. Mr. Hamburg s tated that they could e liminate those parking spaces, be- cause they would have adequate parking without them . However, the tenants they have talked to want the parking spaces there. Mr. McBrayer noted that tenants will park anywhere they want to, and suggested that possibly the spaces could not be "striped" as parking spaces. Stoel moved: Carson seconded : The Planning Commi s sion approv e the off-street parking plan as requested by Mr . Jay Hamburg with the followin g co nditions : 1. F ire lanes must be marked and no-parking areas mu s t be posted a s specified by the Code Administrator. 2. One additional fir e hydrant must be provide d at the westernmost access road. 3 . Wat e r a nd sewer ma i ns a r e to b e public ma i n s in reco rded eas ement s . 4. No parking s paces s hall b e permitted i n f r o n t of th e overhea d doo r s. AYES: Becker, Carson, Mag nuson , McBrayer, Stoel, Tanguma , Venard , Barbre NAYS: No n e ABSENT: Allen The motion carried. XIII. COMMISSION'S CHOICE. Mr. McBrayer asked if anyone had anything they wished to discuss. Mrs. Becker asked if the Commission wanted to plan a picnic at her house sometime in August. It was the consensus that the picnic is a nice get- together, and Mrs. Becker stated that she would plan on the picnic on August 19th at her home. The meeting adjourned at 9:35 P. M. • I • • C 0 U N C I L DATE August 15, 1984 • • • C 0 M M U N I C A T I 0 N AGENDA ITEM l.QA SUBJECT Resolution Relating to Develop- ment of Public Housing INITIATED BY ______ Ho_u~s_i_n~g_A~u_t_ho_r_i_t~y------------------------------------ ACTION PROPOSED Adoption of Resolution Approving Application for Front-End ACC for Low-Rent Public Housing The Englewood Housing Authority has received a notice that HUD will accept applications for the development of a public housing project indicating acquisition with or without rehabilitation as a method of production of units for large families (three or more bed- rooms). Because the number of units available for this region is limited to 78, HUD has established a maximum unit limitation of 25 units and a minimum of 10 units per ap- plication. ( The Authority plans to apply for funds to purchase and rehabilitate, if necessary, 25 single-family houses, which would then be rented to low-income families for 30 % of their monthly income as is done with the duplexes. I I The Cooperation Agreement executed January 17, 1979, between the Authority and the City authorizes the Authority: "(a) to secure a contract or contracts with the Government for loans and annual contributions covering one or more projects comprising approximately 150 units of low-rent housing" of which 110 units have been constructed to date. In order to have funds to option the houses during HUD's site approval process, the EHA is requ esting execution of a Front End Annual Contributions Contract. Hud requires that the local governing body, in this case, City Council, adopt the attached resolution approv ing the Authority's request for a front end ACC. The Housing Authority has a large demand for assisted three-bedroom units. The supply of three-bedroom rental units is so small that HUD has switched some of the Section 8 Exist- ing Program certificates from three-bedroom to two-bedroom because program participants were unable to find three-bedroom units to rent. Two of the duplex units are three-bedrooms, and three are four-bedrooms. The Authority recently closed the waiting list when it became so long that the families could not be assisted in a reasonable period of time. L---------------------------------------------------~ • I • I COUNCIL COMMUNICATION, continued August 15, 1984 • • • ( Resolution Relating to Development of Public Housing. For this reason, the Authority has determined that there is a need for low-rent housing for large fa milies in Englewood; and, therefore, requests that the City Council adopt the resolution approving application for a front end ACC for low-rent public housing. I> - • ( ) RESOLUTION NO~ ,sERIES OF 1984 • • • A RESOLUTION APPROVING APPLICATION FOR PRELIMINARY LOAN AND/OR FRONT END ANNUAL CONTRIBUTION CONTRACT FOR LOW-RENT PUBLIC HOUSING. WHEREAS. it is the policy of this locality to eliminate substandard and other inadequate housing. to prevent the spread of slums and blight. and to realize as soon as feasible the goal of a decent home in a suitable living environment for all of its citizens; and WHEREAS. under the provisions of the United States Housing Act of 1937. as amended. the United States of America. acting through the Secretary of Housing and Urban Development (herein ca 11 ed the "Government"). is authorized to pro vi de fi nanci a 1 assistance to local public housing agencies for undertaking and carrying out preliminary planning of low-rent housing projects that will assist in meeting this goal; and WHEREAS. the Act provides that there shall be local determination of need for low-rent housing to meet needs not being adequately met by private enterprise and that the Government shall not make any contract with a public housing agency for pre- liminary loans for surveys and planning in respect to any low-rent housing projects unless the governing body of the locality involved has by resolution approved the ap- plication of the public housing agency for such preliminary loan; and WHEREAS. the Housing Authority of the City of Englewood (herein called the "Local Authority") is a public housing agency and is applying to the Government for a front end ACC to cover the costs of surveys and planning in connection with the develop-ment of low-rent housing; ~ NOW. THEREFORE. be it resolved by the City Council of the City of Englewood as follows: • ATTEST: 1. That there exists in the City of Englewood a need for such low-rent housing which is not being met by private enterprise; 2. That the application of the Local Authority to the Government for a front end Annual Contributions Contract (ACC) for surveys and planning in connection with low-rent housing projects of not to exceed approxi- mately twenty-five (25) dwelling units is hereby approved. ADOPTED AND APPROVED THIS DAY OF -------• 1984. Eugene L. Otis. Mayor ex officio City Clerk-Treasurer I. Gary R. Higbee. ex officio City Clerk-Treasurer of the City of Englewood. Colorado. do hereby certify that the above and foregoing is a true. accurate and complete copy of Resolution No. --• Series of 1984. • I • • ' • A1f ORDINAN:E 00. ~ SERIES CF 1984 • • • ~ BY AU'mORITY ~ / 20 't ~ cxxnciL BILL 00. 24 IN'l'R<XXX:ID BY cxxncrL MEMBER HIG:>AY AN ORDINAN:E AMEHH~ THE ~ICIPAL COOE CF 'niE CITY CF ~aiCXD, COLORAOO, BY AOOI~ A NDl SFX:'I'ION CONSTITUTI~ A PORTION CF THE CXJolPRtliENSIVE zan~ ORDINAN:E FOR 'niE CITY CF ~aiCXD, COLORAOO, FOR 'niE PURPOSE CF I'Ra1ori~ 'niE HFALTH, SAFETY, MCR\LS AW GENERAL WfLFARE CF THE <XH1WITY; 'ro REGJLATE, PERMIT, ClASSIFY 1\W RESTRICT THE APPEARAtCE, SIZE, OiARACTER, AW HEIGm' CF FEtCES; WHICH ORDINAN:E IS AOOPTID PURSUANT 'IO 'niE CONSTITUTION CF 'niE STATE CF COLORAOO AW THROUGI 'niE EXERCISE CF PCMERS GU\NI'ID AW ACClJIRID IN THE !DotE RULE <liARTER ADOPl'ID IN 1958 BY THE CITY CF ~aiCXD, REXXXiNIZIN:; 'niAT zan~ IS ULTIMATELY A I.0CAL AW ~ICIPAL M.\TTER, 'niE INTEm' CF 'nilS PORTION CF THE CCMPREHENSIVE zan~ ORDINAN:E BEI~ 'ro SUPERSIDE WITHIN 'niE TERRI'roRIAL LIMITS AW O'mER JURISDICTION CF THE CITY CF ~aiCXD THE GENERAL LAW CF THE STATE CF OOLORAOO IN CONFLICT HERBiiTH, AND I.'REOCRIBI~ PENALTIES AS SET FOR'Ilf IN 'niE MU-liCIPAL COOE CF THE CITY CF ~CXD WHICH SHAIL APPLY 'ro VIOLATIONS CF THE PROVISIONS CF 'nilS ORDINAN:E, AN> DH::IARI~ AN fMmG:teY. ~. 'IHEREFORE, BE IT ORDo\INID BY 'niE CITY cxxnciL CF THE CITY CF ~aiOOD, COLORAOO, AS ~S: Section 1. 'lbere is hereby added to the &~glewood P\micipal Cbde of 1963, Title XVI, as anended, the following section, toklich shall read: • 711 I • • • • • • ' SECTION 16.9 FENCES AND RETAINING WALLS. A BUILDING PERMIT IS REQUIRED FOR ALL FENCES AND RETAINING WALLS. a. CLASSIFICATION OF FENCES AND RETAINING WALLS SHALL BE AS FOLLOWS : 1. MASONRY WALLS (DECORAT IVE) .•••.•.•...•.•••.••.•. CLASS 1 2. ORNAMENTAL IRON .•.••••.••....••...•.•.•••.....•. CLASS 2 3. WOVEN WIRE .....•...•..••.•....••...•••..••.•.... CLASS 3 4. WOOD PICKET (MORE THAN FIFTY PERCENT (504) OPEN) ••••.••• , •••.••••••.•.•... , •.•••••..•••••.• CLASS 4 5. SOLID FENCES (WOOD OR METAL LESS THAN FIFTY PERCENT (50%) OPEN) .•.••.•••••••••...••.•..•.•.•.•.•..•• CLASS 5 b. THE HEIGHT OF ALL FENCES SHALL BE MEASURED FROM FINISHED GRADE. c. FENCES IN RESIDENTIAL DISTRICTS SHALL CONFORM TO THE FOLLOWING REQUIREME~~T~: • 1. FENCES ERECTED IN FRONT OF THE BUILDING LINE SHALL BE OF ANY CLASS, AND SHALL NOT EXCEED A HEIGHT OF THREE (3) FEET SIX (6) INCHES. 2. SIDE YARD FENCES BACK OF THE FRONT BUILDING LINE MAY BE OF ANY CLASS BUT SHALL NOT EXCEED A HEIGHT OF SIX (6) 3. FEET TO THE BACK ~ROPERTY LINE. REAR YARD FENCES MAY BE OF ANY CLASS, BUT SHALL NOT EXCEED A HEIGHT OF SIX (6) FEET. SUCH FENCES SHALL NOT OBSTRUCT VISIBILITY AT THE INTERSECTION OF THE ALLEY WITH 2 • I • • • - • • A STREET . IF A REAR YARD OF ONE PROPERTY ABUTS THE SIDE YARD OF AN ADJOINING PROPERTY, THE HEIGHT OF A FENCE CONSTRUCTED I N FRO NT OF THE FRO NT BU I LDING LINE OF THE HOUS E ON THE ADJOINI NG PROPERTY SHALL NO T EXCEED 42 INCHES, AND SHAL L BE AT LEAST 50 i. OPE N. 4. FOR BUI LDINGS LO CATE D ON CORN ER LOTS, SID E YARD FENCE S I N THE YARD AB UT TIN G A PUBL I C RIGHT-OF -WAY CAN BE OF CLASS 2, 3, OR 4 IN THE AREA ~~NTY-FIVE (25) FEET BE- HI ND TH E FRO NT PROPERTY LIN E AND SHALL NOT EXC EED A HEIGHT OF FORTY-TWO (42) inches . 5. NO FE NCE, RETAINI NG WALL OR SIMI LA R OB STRUCTION SHALL BE ERECTE D OR MAINTAINED WHICH OBSTRUCTS THE VIEW OF PEDESTRIANS ON THE SIDEWALK, OR OBSTRUCTS THE TRAFFIC VISIO N AT INTERSECTIO NS. FOR THE PURPOSE OF DETERMINING COMPLIANCE TO THIS SECTIO N, TABLE 16.9-A SHALL BE USED TO DETERMINE INTERSECTION CROSS-CORNER VISIBILITY; SUCH DET ERMINATION SHALL BE MADE BY THE TRAFFIC ENGINEER. 6. NO BARBED WIRE OR OTHER DANGEROUSLY SHARP FENCE AND NO ELEC TRICALLY CHARGED FENCE SHALL BE ERE CTED OR MAINTAINED. 7. IN CA SE OF A FENC E ERECT ED ON TOP OF A RETA IN I NG WALL , THE HEIGHT SHALL BE MEASURED FROM THE GRADE OF THE HIGH SIDE. IN CASE OF A FENCE ERECTED ADJACENT TO AND PARALLEL WITH A RETAINING WALL, BUT 0 THE LOW SIDE OF SUCH WALLS , THE HEIGHT OF THE FENCE MAY BE MEASURED FROM THE TOP OF THE WALL. 8 . DOG RUNS SHALL BE LOCATED WITHIN THE REAR ONE-THIRD OF I • • THE YARD. 3 • - " • • • • • 9. FENCES SHALL BE KEPT IN GOOD REPAIR. ANY DANGEROUS FENCE SHALL BE REHOVED OR REPAIRED WHEN SO ORDERED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT OR HIS/HER DESIGNEE. APPEALS OF SUCH DECISIONS SHALL BE DIRECTED TO THE BOARD OF ADJUSTMENT AND APPEALS • 10. WHEN THE PUBLIC HEALTH, SAFETY, AND WELFARE 'WILL BE SUBSTANTIALLY SERVED AND A NOTARIZED COPY OF AN AGREEMENT BETWEEN THE NEIGHBORING PROPERTY OWNERS IS FILED WITH THE DEPARTMENT OF COMMUNITY DEVEL- OPMENT, THE DIRECTOR MAY VARY THE REQUIREMENTS OF THIS SECTION TO ACCOHHODATE SAID AGREEMENT. d. FENCES IN BUSINESS DISTRICTS SHALL CONFORH TO THE FOLLOWING REQUIREMENTS: 1. FENCES SHALL BE OF CLASS 1, 2, 3, 4, OR 5, BUT SHALL NOT EXCEED THE HEIGHT OF SIX (6) FEET. 2. 3. BARBED WIRE OR SIMILAR MATERIALS MAY BE ADDED TO THE TOP OF A FENCE WHICH IS NOT LESS THAN SIX (6) FEET ABOVE GRADE. FOR REGULATIONS REGARDING REQUIRED SCREENING FENCES, SEE SECTION 16.5 . 4. NO FENCE, RETAINING WALL OR SIMILAR OBSTRUCTION SHALL BE ERECTED OR MAINTAINED WHICH OBSTRUCTS TRAFFIC VISION AT STREET INTERSECTIONS AS DETERMINED BY THE TRAFFIC ENGINEER. FOR THE PURPOSE OF DETERMINING COMPLIANCE TO THIS SECTION, TABLE 16.9-A SHALL BE USED TO DETERMINE INTERSECTION CROSS-CORNER VISIBILITY. S. FENCES SHALL BE KEPT IN GOOD REPAIR. ANY DANGEROUS FENCE SHALL BE REMOVED OR REPAIRED WHEN SO ORDERED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT OR HIS/HER DESIGNEE. 4 • I • • ' , • • • e. FENCES IN INDUSTRIAL DISTRICTS SHALL CONFORM TO THE FOLLOWING REQUIREMENTS: 1. FENCES ERECTED IN FRONT OF THE BUILDING LINE SHALL BE OF CLASS 1, 2, 3, 4, OR 5, AND SHALL NOT EXCEED A HEIGHT OF SIX (6) FEET . 2. SIDE AND REAR YARD FENCE SHALL NOT EXCEED A HEIGHT OF TWELVE (12) FEET~~ MAY BE OF CLASS 1, 2, 3, 4, OR 5 CONSTRUCTION. 3 . BARBED WIRE OR SIMILAR MATERIALS MAY BE USED AT A HEIGHT OF NOT LESS THAN SIX (6) FEET ABOVE GRADE. 4. FOR REGULATIONS REGARDING REQUIRED SCREENING, FENCES, OR WALLS, SEE SECTION 16.4-13k AND 16.4-14k. 5. NO FENCE, RETAINING WALL OR SIMILAR OBSTRUCTION SHALL BE ERECTED OR MAINTAINED WHICH OBSTRUCTS TRAFFIC VISION AT STREET INTERSECTIONS. FOR THE PURPOSE OF DETERMINING THE COMPLIANCE TO THIS SECTION, TABLE 16.9-A SHALL BE USED TO DETERMINE INTERSECTION CROSS-CORNER VISIBILITY; SUCH DETERMINATION SHALL BE MADE BY THE TRAFFIC ENGINEER. 6. FENCES SHALL BE KEPT IN GOOD REPAIR. ANY DANGEROUS FENCE SHALL BE REMOVED OR REPAIRED WHEN SO ORDERED BY THE DIRECTQR OF COMMUNITY DEVELOPMENT OR HIS/HER DESIGNEE . 7. THE HEIGHT OF MATERIALS OR EQUIPMENT BEING STORED SHALL NOT EXCEED THE HEIGHT OF THE REQUIRED SCREENING FENCE O!t WALL. f. BUILD ING PERMIT REQUIRED . IT SHALL BE UNLAWFUL TO COMMENCE THE CONSTRUCTION OF ANY FENCE OR RETAINING WALL UNLESS OR UNTIL A PERMIT HAS BEEN ISSUED THEREFOR. 1. APPLICATION FOR PERMIT. APPLICATION FOR A PERMIT TO INSTALL 5 • I • • - I , • • • • A FENCE OR RETAINING WALL SHALL BE HADE TO THE DEPARTMENT OF COMMUNITY DEVELOPMENT ON FORMS PROVIDED THEREFOR. 2. REQUIREMENTS FOR PERMITS. EACH APPLICATION FOR A PERMIT TO CONSTRUCT A FENCE OR RETAINING WALL SHALL BE IN WRITING AND SHALL BE ACCOMPANIED BY TWO (2) COPIES OF A SITE PLAN DRAWN TO SCALE. GIVING ADEQUATE INFORMATION AS TO THE STREET ADDRESS OF THE PROPERTY ON WHICH THE FENCE OR RETAINING WALL IS TO BE INSTALLED • THE LOCATION OF THE FENCE OR RETAINING WALL ON THE PROPERTY • THE CLASS OF FENCE. THE HEIGHT OF THE FENCE OR RETAINING WALL. THE MATERIALS TO BE USED. AND SUCH OTHER DATA AND INFORMATION AS HAY BE REQUIRED BY THE DEPARTMENT TO CLARIFY THE REQUEST. IN ADDITION. FENCES OVER SIX (6) FEET IN HEIGHT AND RETAINING WALLS SHALL COMPLY WITH THE REQUIREMENTS OF THE UNIFORM BUILDING CODE. 3. ISSUANCE OF PERMIT. IF THE PROPOSED FENCE OR RETAINING WALL AS SET FORTH IN THE APPLICATION IS IN CONFORMITY WITH THE PROVISIONS OF THE ORDINANCE AND OTHER ORDINANCES OF THE CITY OF ENGLEWOOD • A PERMIT SHALL BE ISSUED • . , 4. DISAPPROVAL OF A PERMIT. IF THE APPLICATION FOR THE PERMIT IS NOT APPROVED. THE APPLICANT SHALL BE GIVEN A WRITTEN STATElfENT DETAILING THE REASONS FOR SUCH DISAPPROVAL . 6 • I • - ' I I • • • • Section 2. ord1nance: The following legal provisions shall apply to this A. Separabi lity Clause. If any part of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance. '1\le CDuncil of the City of Eng l ewood hereby declares that it would have phrased and set forth this Ordinance as is in each article, section, subsection, clause or phrase hereof, irrespective of the fact that any one or mo r e articles, sect i ons, sentences, clauses and phrases be declared uncons t i t utiona l . B. Scope . Thi s Ordinance relates to zoning, and it does not repeal, abrog ate, annul, or in any way impair or interfere with existing provisions o f other laws or ordinances. Where this Ordinances imposes a greater restriction upon land, buildings, or structures than imposed or required by such existing provisions of law or ordinance, the provisions of this Ordinance shall control. C. Violation and Penalty. An y person, firm, or cor{X>ration that violates, dis- obeys, anits, neglects or refuses to canply with or resists the enforcement of any of the provisions of this Ordinance shall be fined not less than ten dollars ($10) ror more than three hundred dollars ($30 0 ) for each offense. Each day that a violation exists shall consti t ute a separate offense. Any buildings erected, raised, or converted or land or ~ernises used in violati on of any provis i ons of thi s Ordinance, or any 1111e!'dnent hereto, is hereby declared t o be a CQTII\on nu i sance and such OCIIITIOI'l nuisance may be abated i n such manner as nuisances are row or may hereafter be abated. D. Necessi ty . The City Co oocil he reby fi nds, determ i nes, and decla~es that this Ordinance is necessary f or the Uftned iate preservation of the plblic peace, health, safe ty and convenience. Introduced, read in full, anended and passed as .nended on the 2nd d ay of July, 1984 . Published as amended as a Bill f or an Ordinance on the 4th day o f July, 198 4 . 8 • I • - • • • • • Section 2. ord1nance : The following legal provisions shall apply to this A. Separability Clause. If any part of thi s Ordinance is for any reason held to be unconstitutional, such deci s i on shall not affect the validity of the ranaining portion of this Ordinance. The Comcil of the City of Englewood hereby declares that it would have phrased and set forth thi s Ord i nance as is in each art icle, section, subsection, clause or phrase hereof, irrespective of the fact that any one or more articles, sections, sentences, clauses and phrases be declared unconstitutional. B. Sco~. This Ordinance relates to zoning, and it does not repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws or ordinances. ~re this Ordinances imposes a greater restriction upon land, buildings, or structures than imposed or required by such existing provisions of law or ordinance, the provisions of this Ordinance shall control. c. Violation and Penaltl· Any person, finn, or corporation that violates, dis- obeys, anits, neglects or refuses to canply with or resists the enforcanent of any of the provisions of this Ordinance shall be fined not less than ten dollars ($10) nor more than three hundred dollars ($300) for each offense. Each day that a violation exists shall consti t ute a separate offense. Any buildings erected, · raised, or converted or land or pranises USed in violation of any pr-ov i s i ons of thi s Ordinance, or any iiiiE!ncinent hereto, is hereby decl ared to be a catmon nuisance and such ocmnon nuisance may be abated in such manner as nuisances are now or may hereafter be abated. o . Necessitl· The Ci t y Comcil her eby finds , detennines , and declares that this Ordinance is necessary f or the Unmed i ate preservation of the public peace , health , safety and convenience . Introduced , read in full , amended and passed as attended on the 2nd day o f Jul y, 1984 . PUblished as attended as a Bill for an Ordinance on the 4th day of July, 1984. • I • • ' • • • • Read, anended, and passed as anended on the 6th day of August, 1984. 1984. PUblished in full as ~ed on the 15th day of Augllilt, Read by title and passed on final reading on the 20th day of August, 1984. PUblished by title as Ordinance No •. ___ , Series of 1984, on the 22nd day of August, 1984. Attest: Eugene L. ot1s, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1984. Gary R. Hlgbee • I • • - { • OROINAOCE 00.~ 4 SERIES CF 198'""""'4 __ _ • • • BY A!JI'HORITY COUNCIL BILL 00. 27.1 INTROOUCID BY COUNCIL MEMBER BILO AN OROINAOCE AOOPI'ING 'lllE JOINT REX:REATION AGREEMENT BE'IWEEN 'lllE CITY CF EN>L~OOO, COLORAOO, AND OCHOOL DISTRICT 00. 1, C00NTY CF ARAPAHOE, COLORAOO, 'ro TAKE EE'FEX:r JANUARY 1, 1985. WHEREAS, the City of D'lgle~ and School District No. 1 have previously entered into an agreenent dated February 6, 1984 concerning use and operation of the indoor swimning pool on Engle~ School District property; and WHEREAS, due to usage, operation conditions, inflation, and other variable factors, it is necessary to amend the February 6, 1984 agreenent; NOW, 'ffiEREFORE, BE IT ~INFD BY 'DiE CITY a:xJlCIL <F 'lllE CITY <F EN;L~OOO, COLORAOO, AS ~S: Section 1. City COuncil hereby adopts the Joint aecreation Agreenent between the City of Engle~, COlorado, and School District No. 1, C01:11ty of Arapahoe, COlorado, which agreenent is as follows: JOINT REX:REATION AGREEMENT 'ffiiS AGREEMENr, entered into and to becane effective the 1st day of January, 1985, by and between the CITY <F m;r.~coo, a municipal corporation organized and existing pursuant to the provisions of Article XX of the COnstitution of the State of COlorado, hereinafter called "City," and OCHOOL DISTRICT 00. 1, <XXJNTY <F ARAPAHOE, COLORAOO, a quasi-lllll1icipal corporation, hereinafter called ''District," WITNESSETH WHEREAS, both parties hereto have been granted authority, by reason of the provisions of COlorado Revised Statutes, to cooperate together in the conduct of a public recreation system in any manner in which they may agree; and WHEREAS, the City, by reason of the prov1s1ons of Article XII, Section 120, of its Charter, has authority to cooperate with other public authorities to implement its public recreation program; and • I • • ( ( • • • • WHEREAS, an indoor swimning p:>ol for the use of student swimning instruction and for public use generally has been constructed and is being controlled and supervised under a cooperative agreement between the parties dated June 27, 1966 on a certain portion of realty owned by the District together with certain other improvanents thereon, the legal description is attached hereto and, by this reference, incorporated herein; and WHEREAS, due to usage, oper ation conditi ons, infla t i on, and other variable factors, it is necessary to anend the February 6, 1984 agreanent. 'n'le parties desire the provisions herein to apply; ~. 'lliEREFORE, in consideration of the mutual covenants and obligations herein contained, it is mutually covenanted and agreed that the following provisions shall supersede in all respects and tecninate the Joint Recreation Agreement of June 27, 1966. 1. 'n'le i ndoor p:>ol, building, and related facilities located at the Englewood High SChool shall be owned and supervised by the Englewood SChool District to provide swimning facilities for the students of the District. The District shall provide for City use of these swimning fac i l i ties for the public at large according to the teillls hereof. 2. a. The District shall have the first prior right to use of the same for Englewood Public SChool purposes. b. 'n'le District shall have the second prior right to rent these swimning facilities during the days and hours lllilen the Ehgleii«>>d Public SChools are not using the p:>ol for their purposes. c. The City shall have, as a third priority user, the use of said pool, building and facilities for its purposes. It is agreed that once a City use has been scheduled, said use shall not be preempted for any other use unless agreed upon by both parties. d. The City shall canpensate the Distr ict for the City use of said pool at an hourly rate detecn i ned by dividing the cost of pool operations f or the previo us c alendar year (not inclu:i ing capital im provanents) by the nunber of hours per year that the pool is used generally (16 hours per day times 36 0 days per year , or a total of 5 ,760 hours per year). e. Billing shall be made cparterly and shall be in sufficient detail to evaluate the correctness of the billing. 2 I • • -- ' • • • • • f. It is ~reed that for school programs and for City programs each party may establish and collect program fees without having the responsibility to account to the other party. Fees established and collected from other than City and District shall be considered as rental income. g. At times lltlen the City is using the pool and related facilities, the public may have use of present parking facilities north of the Solimning Pool building. 'rtle District shall reserve five spaces for City public use of the pool. It will be the responsibility of the City to police the use of such spaces. 3. a. Each party hereto shall anploy, canpensate and be responsible for its supervisory personnel, such as lifeguards, lltlich shall be anployed and utilized during the times that the party shall have the pool, buildings and related facilities at its disposal. b. It i s ant i cipated the District shall provide and pay for sufficient qualified maintenance personnel to properly maintain the facilities throughout the year. However, the City, with District' s approval and during the time of City' s use of pool, may provide all or part of the pool maintenance due to problan of District providing satisfactory maintenance during school vaca- tions, weekends and holidays. Any costs incurred by the City for maintenance will be deducted f rom the hourly rate in paragraph 2. 4. The Ci ty and the School District each agree to maintain separate policies of canprehensive public liability insurance that cover and apply to the pranises in the /DOI.K'lt of not less than $300,000 per inj ury or death to any one person in any one accident or occurrence, or in an /DOunt not less than $500,000 for injury or death of mor e than one person in any one accident or occurrence. SUCh limits a re as to each separate policy, and such insurance and each such po licy shall be for and in favor of the City and the School District and shall f ur ther insure the parties against l i abilit y for property damage o f not less than $50,000 for each separate po licy. Each said policy shall be primary policies, not con tributing wi th the coverage that the other party may carry. 5. S'lould any disp.~te arise between the parties or their successors involving the interpretation, or application of this Agreement, or involving the relationship of the parties her eto in the use of the recreational facilities hereby envisioned (Whe ther specifically cover ed by the teons and provisions hereof or not) , it is agreed that any such disp.~te shall be sul::lllitted for a final and binding deteonination to the joint City-School Omnittee . 3 I • • { • • • • 6. 'Ibis Agreenent shall extend and be binding upon any and all successors or assigns of the parties hereto. IN WITNESS WHEREoF, the parties have hereto set their hands and seals as of the day and year first above written. Attest: Gary R. Higbee, ex offlc10 City Clerk-Treasurer Attest: Board of !l:31.1Cation Secretary CITY CF DliL9iOOO I OJLORAOO ~--~--~~~--~----Eugene L. Otis, Mayor s:::HOOL DISTRICT 00. 1 ARAPAHOE COONTY I OJLORAOO ~------------~--~~ Pres1dent Board of !l:31.1Cation Section 2. City COt.ne il authori zes the H:!yor to s i gn and City Clerk to attest said Agreenent on behalf of the Ci ty COwcil and the City of B'lgle\«Xld. Introduced, r e ad in full, and passed on fi rst read i ng on the 6th day of August, 1984. 1984. Published as a Bill for an Ord i nance on the 8th d a y o f August, Read by title and passed on final reading on the 20th day of August , 1984. Published by title as Ordinance NJ.~ ___ , Series of 1984, on the 22nd day of August, 1984. Attest: Dlgene L. Otis , Mayor ex officio city Clerk-Treasurer 4 • I • - ( ( • • ( • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the Ordinance passed on final reading and published by title as Ordinance ~. ___ , Series of 1984. Gary R. Higbee 5 • I • • - ( ( • ORDitWCE NO. 30 SERIES <F 1984 • • • BY AIJI'HORITY CXXJOCIL BILL NO. 28.1 INTRODUCED BY CXXJOCIL MEMBER HlmAY AN ORDitWCE APPROVI~ USE 1\GU:J:Mml' BE'IWEDJ THE CITY <F EN:iL~CXD, CXX.ORAOO, AND s:::HOOL DISTRICT NO. 1, ARAPAHOE a:x.Jm'Y, COLORAOO, CXH:ERNI~ OOOCAN OCHOOL. WHEREAS, by USer Agreanent dated Novanber 6, 1978, School District No. 1, Arapahoe O>mty, Colorado, granted to the City of Englew:>Od use of Duncan School and surrolnding land; and WHEREAS, School District No. 1 is now desirous of leasing Duncan School to another user but allowing use of the surrotKxiing land and the outside access restroans in the Duncan School building to the City of Englewood; and WHEREAS, the Ci ty CoiDCil is desirous of securing the use of a portion of the property and restroans thereon; ~. THEREFORE, BE IT OROI'\INED BY THE CITY CXXJOCIL <F THE CITY <F EN:iL~OOD, COLORAOO, AS FO£..L<MS: Section 1. The City Comcil hereby approves and adopts the followtng USe Agreanent between the City of Englew:>Od, Colorado, and School Distr i ct No. 1, Arapahoe O>mty, Colorado: TH I S AG"U:I'Mmr entered into as of the 1st day of Septenber, 1984 by and between the CITY <F mG£..~000, COLORAOO, a IIII.Klicipal corporation organized and existing pursuant to the provisions of Article XX of the Cbnstitution of the state of Cblorado, [hereinafter "the City") and s::HOOL DISTRICT NO. l, ARAPAHOE CXXJm'Y, COLORAOO, a quasi-11Ulicipal corporation, [hereinafter "School District"]; WITNESSETH I. Parties --Binding This use Agreenent is intended to be a binding contract by the parties, lltlo are School District No. 1, Arapahoe O>mty, Cblorado, and the City of Englew:>Od, O>lorado. II. Intent By this USe Agreanent, the parties: a. Rescind the user Agreanent dated Novatlber 6, 1978 and return all interest in the Duncan School Building itself to School District No. 1 • • 7C I • - • • • • • b. Provide for the City's use of the following described parcel [but not the building thereon], until August 31, 1989, to wit: Block 1 Harper SUbdivision, Lots 1, 2, 3, 4, 34, 35, 36 and that portion of Lots 5 and 33 lying ~rth of the following line: Beginning 35.04 feet ~rth of the 9N corner of Lot 5, thence East a distance of 48.00 feet; thence ~rth 7lo 04'31" East a distance of 156.50 feet; thence East a distance of 88.42 feet to the East line of said Lot 33, City of Ehglewood, Cowty of Arapahoe, State of Colorado. c. Provide for the City's use wtil August 31, 1989, the restroans of I:Ulcan School, 4846 South Pennsylvania, Englewood, that can be accessed fran outside of the building [hereinafter "the Aestroans"] • 1989. d. Provide for annual renewable teDIIs after August 31, III. fotltual Rescission-Effective Date 'lhe parties, and each of them, hereby volwtarily and mutually rescind the user 1tgreanent dated ~vanber 6, 1978, and the parties agree that all interest in the Duncan School a.tilding itself shall be returned to School District ~. 1. As consideration for said rescission, the School District agrees to pay the City the S\DI of Qle Dollar ($1), lotlich, along wi th other consideration set forth in this use 1tgreanent, shall be accepted by the parties as full and adequate consideration. 'lhe Cit y hereby acknowledges receipt o f the one Dollar ($1). Th is mu t ual rescission i s arr i ved at and agreed upo n wi t hout duress or threat and is the result of good faith and even-handed negotiation between parties of equal bargain ing po sition . IV. New 1tgreanent --Parcel 'lhe parties hereby agree that the City shall have use of the above described parcel of land [but not the building thereon , except the restroans as hereinafter &;!t forth ] \nder the teDIIs of this agreanent as follows: a. 'lhe City shall use the premises to deliver cc:mn wity park and recreation services to the public; 2 • I • • • • - b. said use will be enti rely at the City's expense and at no expense to the School District; c. '1\'le City shall have such use of the grounds until August 31, 1989 and thereafter for teens of one year, which shall be automatically renewed unless the City is notified in writing one year in advance of any termination. d. 'lbe City shall give one-year's advance notice prior to its own termination of its interest set forth herein. e. 'lbe City shall pay the sun of one dollar ($1) per annun for its use pursuant to this Use l\greenent, which sun is payable August 31, 1984, and annually on the same day thereafter. 'ltle School District shall not have any right to tecninate this Use Agreenent for failure to pay the annual user fee without first having provided the City with a written reminder that said fee was not paid and providing the City ninety (90) days after due date to make said payment. f. '1\'le City and the School District each agree to maintain separate policies of public liability insurance that cover and apply to the premises in the anomt of not less than $300,000 per injury or in an amount not less than $500,000 for injury or death of more than one person in any one accident or occurrence. SUch limits are as to each separate policy, and such insurance and each such policy shall be for and in favor of the City and the School District and shall further insure the parties against liability for property damage of not less than $50,000 for each separate policy. Each said policy shall be primary policies, not contributing with the coverage that the other party may carry. g. 'lbe pecnitted use shall be only as is set forth herein and such other use as the School District shall approve in writing. h. 'lbe City shall not pecnit the use of the groi.Ilds for any offensive, noisy, noxious or dangerous activity or any activity that is a nuisance. i. 'lbe City is respons i ble for maintenance of the groi.Ilds except for the Duncan School atilding and sidewalks and steps leading directly to it. l't>reover, the City shall maintain perimeter sidewalks, incll.rling the removal of snow and ice. j. 'lbe City shall not pecnit any alterations of the grounds without prior written approval from the School District; k. 'lbe City shall pay all license or other goverranental fees for the use of the groi.Ilds; 3 • I • • • • • • - 1. The City shall pay all utilities only as they relate to the grolll'lds described herein, but not as they relate to the Duncan School atild ing itself. m. The City shall use the grolll'lds in canpliance with all applicable laws; n. The City accepts the gromds AS IS and WITHOUT WARRANl'Y, EXPRESS OR IMPLIED, AS TO CXWITION <F TITLE OR FITNESS FOR ANY PARTICULAR lEE; o. The City agrees to keep the grolll'lds free of all liens and claims, or to remove same within ninety (90) days of learning of their existence. l't>reover, the City agrees to release, indemnify and hold haonless the School District from and against any such liens and claims; p. The City agrees to surrender the groi.Ilds upon teonina- tion or cancellation of this use Agreement; q. The City agrees to maintain a policy of canprehensive p.lblic liability insurance that covers and applies to the groi.Klds in the amomt of not less than 'lbree lllndred 'lbousand Dollars ($300,000) per injury or death to one person in any one accident or occurrence, or in an amomt less than Five lllndred 'lbousand Dollars ($500,000) for injury or death of more than one person in any one accident or occurrence. such insurance shall be for and in favor of the City and the School District and shall further insure the parties against liability for property danage of not less than Fifty Thousand Dollars ($50,000). Said policy or policies shall be primary policies, not contributing with the coverage that the School District may carry. r. 'ftle School District and OCC\4)ants of Duncan atilding shall have the right to cross and use the groi.Klds upon existi ng sideW!llks for the purpose of ingress and e:Jress to the Duncan School atilding. v. New Agreanent -Restroans 'ftle parties hereby agr that the City shall have the use of the following other pcemises l.nier the teons of this use Agreement and as hereinafter set forth: The Restroans of the Dmcan School, 4846 South Pennsylvania, Englewood, that can be accessed from the outside of the building [hereinafter "the Restroans"] Said premises and use shall be subject to the same provisions as are set forth l.nier IV (a) through (r) above, but only as relate to the (bysical area of the restroans themselves. 4 • I • • • • • • IN WITNESS WHERECF, the School District author i zes its entering into this USe Agreement by the executed signature below, and the City authorizes its entering into this USe Agreement by the executed signature below, the effective date of this USe l!greanent to be September 1, 1984. Attest: Gary R. Higbee, ex officio City Clerk-Treasurer Attest: Board of Biucation Secretary CITY CF EH:ii.DKXJO, COLORAOO s:ltOOL DISI'RICT t«>. 1, ARAPAHOE CXlJN'l'Y, COLORAOO ~------------~~~7 President Board of :Mucati on Section 2. City Co~neil hereby authorizes the Mayor to sign and the ex officio City Clerk-Treasurer to attest said USe Agreement on behalf of the City of Ehglewood. Introduced, read in full, and passed on first reading on the 6th day of August, 1984. 1984. Published as a Bill for an Ordinance on the 8th day of August, Read by t itle and passed on final reading on the 20th day of Augus t, 1984 . Published by title as Ordinance No •. ___ , Series of 1984 , on the 22nd day of August , 1984. Attest: f)Jgene L. OtlS, Mayor ex officio City Clerk-Treasurer 5 • I • • - • • r • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of EngleloDOd, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete COP'f of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1984. --- Gary R. Hlgbee 6 • I • • - f • ORDINAN:E oo. cJ I SERIES CF 1984 • • • BY Al1I'HORITY COOtCIL BILL 00. 30 IN'l'RCXXX:ED BY COOtCIL M!MBER 'III:EEJDI\ AN ORDINAN:E AOOPl'It«i 'nfE FIRST SUPPLEMml'AL <XNl'RACT WI'ni 'nfE STATE DEPAR'IMmr CF HIGIWAYS N1FK)It«; ESTIMATED COSTS All) ~ CXH)!TIONS CF 'nfE ORIGINAL CONl'RACT, PROVIDit«i FOR 'nfE ~OC TION CF 'nfE CITY DITCH. WHEREAS, the City of Fllglewood and '1he State Department of Highways, Division of Highways, entered a contract dated January 9, 1984 regarding the Littleton Railroad Depression Project to relocate and enclose the City Ditch; and WHEREAS, the City of Fllglewood was to pay 43\ of the cost and the State Highway Department was to pay 57\ of the cost; and WHEREAS, the City• s share of the pcoject costs was estimated at $437,919 at that time, but final estimates by the State Highway Department oow show t)}glewood' s share to be $494,016; !«M, 'niEREF<IU:, BE IT <Rlt\INID BY 'nfE CITY COOtCIL CF 'nfE CITY CF O«;[J!W(Q), CXlLORAIX>, as follows: section 1. '1he City Comcil of the City of fhglewood hereby approves and adopts the First &.lpplemental Oxltract between the City and '1he State Department of Higl'lolllys, Division of Higl'lolllys, lltlich contract is set out in full as follows: • 71J I • • • ousv cc 10-00'75-u ITATII/INOLEWOOD CITY DITCH • • • f •.••• ~ ·-.. ;· ··~ MIJ( ;l CONTRACT THll riiST IUPPLIMEMTAL CONTRACT, aida thh -----day ot ----------· lt _____ , by and batvaan tho ltata or Colorado tor tba VII and banaflt of TK£ &TAT£ DEPARTMENT or KlOKWAYI, DIVISION or KlOKNlYS, hereinafter referred to aa the State, and the CITY or INGLEWOOD, C1'ATe or COLORADO. heroinaCtor raCerud to aa tho contractor or Local Agency, NKIIIAS, autborltr axlata ln the Lav and runda bava bean budgatad. approprlatad and otbarvlaa .... avallabla and a autticlant unancuabarad balance thereof raaatna available tor payaant ln rund Nuabar 3001, OIL Account Nuabar 53046, Contract lncua~ranca Nu•~•r IOU3; and WKIIIAS, raqulrad approval. c1aaranca and coordination baa bean accoapliabad fro• and vltb appropriate aganoiaa: and NKII&AI, tba ltata and Local Agancr entered into 1 oontraot datod 'Januarr t, 1114 hereinafter referred to aa the ~aio oontraot ~Ad .. da 1 part baraof by rataranca: and NHII&AI, tba baaic contract atipulata4 paroant•t•• for tundtng or tba work to be baaed upon foe tho lncurcad coata: and NKIIIAI, tba incurred ooata for the vork hive inoroaaad 11 outlined herein; and NHIIIAI, tba partiaa berato •••lre to ..... tbla oantraot vltb raapact to the aatl .. tad coat, raaponaibllltlaa and ••crow contract; ... ~lEAl, the aacrov contract 1• attached hereto aa lahi~lt A: and NH&IIAI. the partlaa hereto nov daaira to executa tbia auppl•••atal contract. MOW, tKIIIPOII, tt 11 barabr •tread: A. Tba ~tic oontract, unl••• apacittcallr a•andad or ravlaod barain aball ra .. in ln Cull tore• and artact vltb roapoot to tba contractual ralatlonahlp batvaan tba pertloa borato. I • • ( • • • • 1 . ltea 1. ot the baelc contract ahall be aaended ae tollowa: ·1. In aubpart A. delate the tlvure "11,000,401• and aubatltute theceCore "$1,131,561". a. In IUbpart I. delete the fiQure "I570,aJJ• end aubetitute therefor "I643,2Do•. l, In IUbpart C, delete the fiQuce "1430,171" lAd IUbetitute therefor "$485,311". 4, In IUbpart D. delete the fiQUre "I7,74J• lAd IUbltitute therefor "11,735•. 5. In aubpart 1. delete the tlvure "$437,111" and aubetltute therefor "$414,016". C . ltea 2 .A. IIII'OMIIIILITIII OP . Till LOCAL AO&IICY lUll be aaended a1 tollowa: (1) The Cleat paravrapb aball be identified 11 aubparavraph •1•. and aaended br placinv 1 period after the word •contract.• and daleta .tbe re .. lnlng phraae •after acceptance of the facllitiea froa the ltate•. (a) Add a aev paravcaph •a•. •a.(a) The Local Avencr w111 eatabllah an ••crow account ln accordanc~ wlth lxhlblt A attached hereto and .. de 1 part hereof, ln favor of the ltate, ln the bank Of ________________________________ colorado for an in1t1al aaount of 150,000 an4 avre•• to c111111 payaentl ln full to the &tate for t_, work ln aaounta 11 detera1ned ln ICCOCdiACI With paragcapb J Of tbl GIMI&AL PROVISION&. Tbe $50,000 aaount Will bl llcroved witbin five work1nv dare after tbla aupple .. ntal contract ua been execUted . (l) Thl Local AQencr lhall UPQCidl the IIOfOV IOOeunt II fun4a are withdrawn •• atate4 ia paragrapb 4 of tbe GDII&AL PIOVlUOWI. -a- • I . - ( • • • • • • IN ~ITNEG5 WHEREOF, the pirtlaa horato hiVI executed thl1 contrict tbe ••r ••• r••r rlrat 1bova written. ATTBIT: APPROVED: ltltl CODtroUer ., --------- ATTIIT: STAT! OF COLORADO IUCHAIID D. LAM, GOVIIliiOR DUUE WOODAIID Attorn•r oan•r•l ., ~~~::~~------LYIIII OOERIIY£8 Fltlt Alllltlnt AttOtDIJ Glnltll Natural •••ourcea soctlon CITY OP IUICILBNOOD ., __________________ __ Tltla -------------------- -:a- • I • • - • • • • • )074V EXHIBIT A ESCRQW AGREEKENT AGREEMENT, aade tbia day of , 11 _____ , between ;he State of Colorado, for the uae and benefit of The State Departaent 1f Highways, Divlaion of Hivhway&, hereinafter referred to aa the ltate and CITY OF ENGLEWOOD, STATE OF COLORADO, hereinafter re!erred :o aa the Local Avancy or City. WHEREA~. the State and the Local Agency have entered into a :ertain contract in wrltlnv whereby the State agrees to perfora :artain work conslatinv of encloaing the City Ditch for a project .dent1fied aa cc 10-0075-16, and the Local Avancy agraea to reimburae ;he State there!or the estimated sum oc·S465,27l, a copy of which :ontract is attached hereto and aade a part o! the Eacrow Agreement: ~ IRd • WHEREAS, the Local Agency baa agreed to depoait the aum of 150,000 ln ••crow and to upgrade the eacrow aa fund• are depleted to ruarantaa payment under the aaid project contract aa outlined barein, 1alow . NOW, THEREFORE, lt la hereby avread that: 1. The Local Agency ahall depoait witb. _______________________________________ ___ aa Dapoaltory, tba aua of t5o,ooo within 5 workinv after the aupplaaantal contract la fully executed for the work 4eacrlbed therein. ~h• above aaount la to ba bald ln ••crow by the aald Depoaitory and dlapoaad of aa herein provided • • I • • • • • • (a) This account shall be updated with an agreed upon amount for construction within 10 working days prior to advertiaeaent of the project for construction. 2. The Depository shall deposit all aaid aaount in an interest bearing account and shall collect all interest and aake auch interest payable to the Local Agency. 3. Any expenses incurred by the Depository ln connection with the holding of said aoniea ln eacrow ahall not be charged to State but ahall be paid by the Local Agency. 4. The Depository is hereby directed to hold. deal with and ~iGpo&c oC the aCore&aid depo&it and any oth~r CundG at any time held by the Depository hereunder in the following aanner su~ject, however, to the teras and condition& hereinafter set forth. s. With respect to each withdrawal of funds by the State, the State shall deliver to Depository a certificate froa the State, over the signature of the Executive Director or his designee (deaignated in a welting aatlafactory to Depoaitory and Local Agency), setting forth in reasonable detail, conalatent with the State•• noraal accounting procedures, the costa and expenaes for which payaent ia aought, and further certifying tbat (a) all auas being requeated for diaburaeaent are properly due and owing to pay proportional costa incurred ln connection with the project aa provided ln the contract and (b) coplea of docuaenta noraally kept by the State ln accordance wlth lta atandard procedures , which -2 - • I • • - • • • • identify project costs incurred through the date of the laat payment from this escrow and which evidence payment• aade to the date of aaid last payment to contractor• and othera. have been furnished or aade available to the Local Agency. Upon compliance witb the foregoing and provided auch diaburaeaent complies witb all otber proviaiona of tbeae eacrow instruction•. Depoaitory ahall proaptly diaburae auch fund• aa directed ln writing by the Executive Director. Certification aball be in tbe fora of a copy of the coat ledger for tbe project dated and approved by the State or aa otherwise provided Cor herein. 6. Except aa otherwiae provided. a final diabureeaent of the eacrow fund• ahall be aade upon aubmiaaion of a written request therefor by the State. If. after auch final diabursement. or upon any other teraination of thia ••crow, any funds reaain depoaited ~ecein, they ahall be iamedi~tely paid to the Local Agency. 7. Depoaitory ahall not be reaponalble for verifying the accuracy of etateaenta eubaitted by the State and aald Depoaitory agree• to bonoc all request• for withdrawal of fund• whicb are aade in coapliance with tbeae eacrow inatructlona regard leu of any objection by the Local Age_ncy. -3- • I • • ,.. - • • , • • • - B. Notices required (or which any party aay desire to give) hereunder ehall be in writing and •hall be glven by certified or regiatered aail. poatage prepaid. return receipt requeated. addrea•ed •• followa: If to Local Agency: H to &tate: Cl ty of F.n).'.l-<:wuu.l &tate Departaent oC Highways 4201 E. Arkansas Avenue Denver. co 80222 Attn: Chief Engineer or to auch other per•ona or addreaaea •• aay be deaignated by notice . Any notlce tlven aa aforeaald ehall be effective three (l) daya •rter depoalt of •••e in the u.&. aalla • -·- • I • • - ' • • • • 9. Depository's duties and responsibilities &hall be limited to those expressly set forth in these escrow instructions, and Depository shall not be subject to, nor obligated to cecogniae, any other agreement between, or direction or instruction of either or both of the parties hereto even though reference thereto aay be aade herein: provided, however. that these escrow lnstructlons aay be aaended at any tlae or tiaes by an instruaent ln wrltlnv •ivned by all tbe then parties ln interest and accepted ln wrltlng by the Depository. 10. • For the purposes hereof and as used herein, •Local Agency• &hall aean Clty of Englewood, Colorado, or any successor or assignee of any of its in t erests under the contract. Nothing herein shall be construed to peralt tbe Local Agency to withdraw any funds from the escrow account solely by reason of a transfer of its interest& upder the contract. 11. All docuaents. letters, notices and certifications to be sivned by tbe Local Avency hereunder shall be sivned by an oCficer on behalf of the Local Agency. _,_ I • • \ • • Date~: --------· lt __ STATE OF COLORADO RICHARD D. LANK. GOVERNOR By ------------ Executive Dl~ecto~ DEPARTMENT OP HIGHWAY& • • • By -------------------------- Tltle ACCEPTANCE BY QEPQSITQBY Tbe und•~•lvned Depoalto~y be~eby •a~••• to hold. deal vltb and dlapoae of all p~opecty at any tl•• held by lt he~eunde~ ln accocdance vltb the focegolng eaccow lnat~uctlona. By -------------- Depoaltocy Dated ------------· lt14 _,_ I • • - ' • • ( • • • • Section 2. '!be City Co~neil of the City of aJglewood hereby author1zes the Mayor and the ex officio City Clerk- Treasurer to sign and attest the SCine for and in behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 6th day of August, 1984. 1984. Published as a Bill for an Ordinance on the 8th day of August, Read by title and passed on final reading on the 20th day of August, 1984 Published by title as Ordinance N:). c:J / , Series of 1984, on the 22nd day of August, 1984. Attest: &Jgene L. Otls, Mayor ex offic1o City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of fhglewood, Colorado, hereby certify that the above and foregoing is a tr~.e, accurate and oanplete copy of the Ordinance passed on final reading and published by title as Ordinance N:) • .Al__, Series of 1984. Gary R. Hlgbee • I • - ' ( • • f • OROINMCE 00 • .J/£ SERIES <F 1984 • • • BY A11l'HOR I TY caJtCIL BILL 00. 32 INTROOOCED BY axJlCIL HfMBER BRAt'SHAW AN CR>HWCE APPROVIM; ~ '10 ~ RE&\RDIM; LITTLE DRY CREEK CDISTROCTIOO <F ~ 1\C(JJISITIOO <F RIGin'-oF4iAY :IMPRJV!Mml'S BE'l'WEEN '1\iE CITY <F aG.EWOOD ~ URBAN ~!NAG: ~ FlDOO a:Nl'ROL DISTRICT cncERNIM; '1\iE DET!'.Nl'IOO PCHl I.'RO.JEX:T. WHEREAS, the City of Ehglewood (hereinafter "the City") and Urban Drainage and Flood Control District (hereinafter ·~istrict") previously entered into an agreanent entitled "Agreanent Regarding Li ttle Dry Creek (ARAPCO) Constroction of and Acquisition of Right-of-way ~ovanents" dated June X1, 1983 (Agreanent No. 83-03.09 ); and WHEREAS, Distr i ct has adopted a fiv~year capital improvEment program for drainage and flood control facilities 11tlich includes an additional $250,000 for right-of-way acquisition and oonstroction of improvEments on Little Dry Creek fran Santa Fe Drive to Clarkson Street; and WHEREAS, District has heretofore adopted a special revenue fund budget for 1984 in 11tlich funds are available for District's share of right-of-way and constroction costs, and District Board has authorized this additional financial participation for said acquisition and oonstroction; N:M, '1\fEREFORE, BE IT CJW.\ItaD BY '1\iE CITY <nltCIL <F '1\iE CITY <F flG.9KXD, ax.oRADO, as follows: Secti on 1 . 'lb:! City CO\D::il of the City of Ehglewood hereby approves and adopts the 11DE!DcDen t to AgreaDent Regarding Little try Creek (ARAPCO ) Const roction o f and 11cq.l i s i t i on of Right-of-Way for Impl:ovanents (Agreenent No. 83-0 3 .09A ), cnerdnent agre&Dent i s attached hereto , marked At tactment A, and i ncorporated herein by reference . Section 2 . 'lb:! City CO\D::il hereb y authori zes the Mayo r and the ex off1cio City Clerk-Treasurer t o sig n and a t t est the same for and in behalf of the City of fhglewood. Introduced, read in full, and passed on fir s t reading on the 6th day of August , 198 4 • • I • • - f • • • • 1984. Published as a Bill for an Ordinance on the 8th day of August, Read by title and passed on final readirg on the 20th day of August, 1984. Published by title as Ordinance tkJ • ../ c:{ , Series of 1984, on the 22nd day of August, 1984. Attest: Eugene L. 0t1s, Ha)r'Or ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of &lglewood, Colorado, hereby certify that the above and foregoirg is a true, accurate and oanplete copy of the Ordinance passed on final readirg and published by title as Ordinance tkJ.~, Series of 1984. Gary R. Hlgbee • I • • ' ( • • • • AMENDMENT TO AGREEMENT REGARDING LITTLE DRY CREEK (ARAPCO) CONSTRUCTION OF AND ACQUISITION OF RIGHT-OF-WAY FOR IMPROVEMENTS (Agree~~ent No. 83-03.09A) TillS AGREEMEMT, 111de this -----day of --------• 1984, by and between the URBAN DRAINAGE AND FLOOD CONTROl DISTRICT (hereinafter called "DISTRICT") and the CITY OF ENGLEWOOO (hereinafter called "CITY"): WITIIESSETII : WHEREAS, DISTRICT and CITY entered into "Agreewent Regarding Little Dry Creek (ARAPCO) Constrvction of and Acquisition of Right-of-Way for IIIIPro-ts" {Agree~Rnt No. 83-03.09) dated June 27, 1983; and WHEREAS, DISTRICT has adopted at a public hearing a Five-Year Capital 111111roveaent Progr_. (Resolution No. 59, Series of 1983) for drainage and flood control facilities in which additional S250,00D in funds for right-of-way acquisition and construction of i•proveaents on Little Dry Creek (ARAPCO) f~ Santi Fe Drive to Clarkson Street are included therein; and WHEREAS, DISTRICT has heretofore had adopted a Special Revenue Fund Budget for Calendar Year 1984 subsequent to public hearing (Resolution No. 46, Series of 1983) in which funds are available for the DISTRICT's share of right-of-..y and construction costs; and WHEREAS, DISTRICT Board has authorized additional DISTRICT financial participation for acquisition of right-of-way and construction of i..,rov-nts on Little Dry Creek (ARAPCO) fro-Santa Fe Drive to Clarkson Street (ResolutiOII No. 27, Series of 1984). NOW, TIIEREFORE, in consideration of the initial p~ises contained herein, the Parties agree as follows: 1. Paragraph 7 (First paragraph) is deleted in its entirety and replaced with : "7. ALLOCATION OF COSTS AND FINANCIAL COM4ITM£NTS Of DISTRICT Alii .m:t lased on estiNted project costs of S3,500,00D, DISTRICT shall contribute S1,150,00D and CITY shall contribute SZ,l50.0DO. If total project costs are less than $2,300,000 then total project costs shall be shared on a 50-50 bls1s by .. ch Party. If total • I • • - f • • • • proj ect costs exce@d $2,300,000 DISTRICT's share shall be S1,150,000. DISTRICT contributions My be allocat@d to either or both right-of-way and construction as defined herein in any proportions up to a 11ui-contribution of $1,150,000. Procedures and PIY~~ent for right-of-Wily and construction are defin@d in the reuinder of Section 7. 2. Paragraph 7 .2.3.5 is a~~end@d by deleting "$900,000" in the seventh line and replacing wfth "$1,150,000". 3. All other tei"'IS and conditions of Agree..ent B3-03.09 raain unchanged. IIHEREF<IIE, the parti es hereto have caused this instn.ent to be executed by properly authorized signatures IS of the date and year above written. (SEAL) ATTEST : (SEAL) ArnST: z THE URBAN DRAINAGE AND FLOOO CONTROL DISTRICT By------------ Tf t 1 e _..;E:.::x::::e.::;cu::.;t:..:ic.:v=.e...:D:..:i..:.rec:;::.:to=.r __ _ Date _______________ ___ CITY OF E11GL EWOOD By ________________ __ Tftle --------------- O.te ------------------- • •' ·~ ·~ I • • ( • ORDINAN:E 00 • ..J.J SERIES CF 1984 • • • BY AU'llfORITY COOlCIL BILL 00. 33 INTRCXXX::ID BY C001C IL tm1BER NEAL AN ORDINAN:E APPROVII«> 'mE CCHID:TOR'S ~ BE'lWEm 'mE CITY CF ~. CXXDRADO, AK> 'mE BOo\RD CF CXlJN1'Y CXJotoliSSIONERS CF 'lHE CXXlNTY CF ARAPAHOE FOR TRFA'IMFNI' <F ~TER IN CXXlNTY LINE ~ILL. WHEREAS, the Cbmty of Arapahoe is the owner of Cbmty Line Landfill located in Douglas Cbmty, Cblorado; and WHEREAS, rainfall and natural drainage have entered into the landfill site and collected in the burial pit of said landfill; and WHEREAS, Cbmty wishes to utilize the sewage treatment facilities of the City of !llglewood to receive and treat this wastewater; !!Doi, 'mEREFORE, BE IT ORDIHNID BY 'mE CITY a:xnciL <F 'mE CITY <F ~. CXXDRADO, as follows: section 1. 'lbe City Cb~DC:il of the City of !llglewood hereby approves the Cbnnector' s Agreement between the City of !llglewood and '!be Board of Cbmty CCmnissioners of the Cbmty of Arapahoe for the treatment of wastewater in the Cbmty Line Landfill, lobich agreanent is attached hereto and incorporated herein by reference. section 2. '!be City Cb~DC:il authorizes the Mayor and ex officio C1ty Clerk-Treasurer to sign and attest said Agreement for and in behalf of the City of !llglewood. Introduced, read i n full, and passed on first reading on the 6th d ay of August , 1984. Published as a Bill for an ord i nance on the 8th day o f August , 1984. Read by title and passed on final reading on the 20 th d a y o f August , 1984. Published by title as ordinance No • .J$ , Series of 1 984 , on the 22nd day of August, 1984. Attest: &ijene L. obs , Milyo r ex off1c1o city Clerk-Treasurer • 7F I • • \ ' ( • • • I, Gary R. Higbee, ex offici o City Clerk-Treasurer of the City of Fhglewood, ():)lorado, 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~~. Series of 1984. Gary R. Higbee I • • \ f ( • • • .. • c m;;.Ec-r c r. • s ;._G?r::EH ENT Sew e r Contra c t No. THIS AGREEMENT, made and entered into this day of , 19 ____ , by and between the CITY OF ENGLEWOOD, COLORADO, a municipal corproation, hereinafter referred to as "City", acting by and through its duly elected, qualified and authorized Mayor and City Clerk, and THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, a body corporate and politic of the State of Colorado, hereinafter referred to as the "County". WITNESSETH WHEREAS, the County is the owner of County Line Landfill located in Douglas County, Colorado, southeast of the intersection of South Colorado Boulevard and County Line Road: and WHEREAS, Waste Management of Colorado, Inc., (hereinafter referred to as Waste Manageme nt), is t he opera- tor and manager of County Li n e Landfil l pursuant t o an agreement wi th th e Cou n ty : a nd WHEREAS , rainfall and natural drainage have caused certain storm waters to enter into the land f i ll site a nd to collect in the burial pit of said l andfill : and 1 • I • - f (( • • • • ;.;HEREAS, these storm waters (hereinafter referred to as "sewage") have the general characteristics of domestic waste waters; and WHEREAS, the City owns and operates a sewage treatment plant, together with a sewage system, so situated physically as to be able to receive and treat the sewage gathered by the County; and WHEREAS, it is the desire of the County to utilize the facilities owned by the City for the treatment of this sewage and the City is willing to serve the County for treatment of this sewage under certain conditions. NOW, THEREFORE, IN CONSIDERATION of the promises and for other good and valuable consideration hereinafter set forth, it is mutually agreed by the parties as follows: 1. The City hereby agrees under the conditions hereinafter set forth to treat the sewage originating from County's landfill site, as indicated in the description attached hereto marked Exhibit A. The County specifically agrees to prevent sewage from any area, other than that described herein, from being discharged into the County's sanitary sewage system connected to City's trunk line and to prevent connections to the system from or in any area other than those described herein. 2. In the operation of the County's sanitary sewer system, the County agrees that all applicable Code provi- sions and rules and regulations of City, including amend- ments thereto during the term of the contract, shall be the m1n1mum standards for the County's system. The County further agrees to abide by all applicable state and federal laws, rul e s, regulations, or permits, including those of the Env i r o nm e ntal Protection Agency <the EPA) as they become effective or implemented or upon notice from the City. The 2 I • - • • • • Co unty shall h~ve the =e~p c ~si bility fo~ ensu ri~g that all users, contractors, and subcontractors are fully informed of, and c o mQlY with, all a?plicable rules, regulations, and standards. It shall be the responsibility of the County to obtain from the appropriate governing body the applicable requirements. The City shall attempt to maintain and pro- vide all requirements to the County; however, City does not guarantee the accuracy or completeness of government regula- tions other than the City's own regulations. 3. The City's permitting requirements shall be followed by the County and Waste Management. All plans, specifications, and methods of work within the County shall be submitted to the City in writing and approved by City prior to any construction or tap in the County's approved area. No permit shall be final and no service shall be pro- vided to property until construction is approved in writing by City. 4. The County shall, at all times, properly maintain its sewer system and shall rectify any problems or con- ditions which have been determined by the County or City to be detrimental to City's treatment process. Should the City determine that any discharge enters the sewer system contrary to governing laws, ordinances, statutes, rules, regulations, or permits, the County agrees to proceed at f once to do whatever is necessary to rectify such condition . ( • 5. City shall have the right to allocate service under this contract, and City may deny additional service provided, however, that in no event will City terminate ser- vice without cause. City shall have the right to disconnect service to any area annexed by the County when such annexa- tion takes place without prior written City. 6. The County agrees to pay to City those fees and charges, including tap fees, user fees, and such other fees, charges, and assessments as are approved by the City Council. City shall bill the County user direct for all City charges and those County charges upon mutual agreement of City and County. These charges are subject to adjustment from time to time by City; when such charges are changed, City shall give the County forty-five <45l days' written notice. 7. The term of this Agreement is for a period of three { 3l years from the date of exe cution , during which time the County agrees that all effluent produced from taps 3 I • • • • ~~:h in th e County Line Landfill shall not be in v i ol~tion of an y federal , state o f City laws, r ul e s or r e gulations, or an y othe r ap pl ica ble g ove r nmen tal regu l ations or the permits unde r which the C i ty o p e rates its sewage treatment system. Ci ty agr e es, during t h e t e r m hereof, to treat said effluent and to maintain adequate facilities for treating of the same. 8. The County agrees that it will maintain, at its own expense, all of its lines, or those lines now owned and operated by the County, it being specifically agreed that City ass u mes no responsibility should any of the County's lines become clogged, damaged, or require maintenance. 9. City is providing only sewage treatment service and, p u rsua nt th e reto, permits incidental use of City's s e wage l i nes and only by this ind i vidual contract with the Co u nty and does not, by this contract, offer treatment ser- v i c e e x ce pt i n strict accordance with the terms hereof. Thi s contr act does not offer, and shall not be construed as o f f eri ng, s ewage t r eatment service to the public generally or to any area outs i de the l imi ts of the County Line La n dfill. 10. This contract may not b e ass i g e nd,, sold, or trans- f e rred by the County without City's written consent. f 11. Should any federal law, rule, permit or regulation or any state law , rule, permit, or regulation, or should a decree or order of a court render void or unenforceable any provisions of this contract, in whole or in part, if possible, the remainder shall be of full force and effect. ( • 12. The Cou nty shall enforce this agreement and each o f i ts t erms and cond i tions with i n t h e area described in Ex hi b i t •A•. Shou l d t h e Co u nty f a il t o promptly rectify a b reach of t hose p r ovi s i o n s id en t i f ied he r ei n, after notice the r eo f, Ci ty may take such s tep s and do such work as i t deems necessar y to enforce this agreement , i nc lud i ng l i tiga - tion and specifically a ri g h t to injunction o r specific pe r - formance against the County as is necessary t o protect the City's system and operation s. The prevailing party sha ll be entitled to expenses and costs of suit, i n clud ing attorney fees. Should the County and more than one District b e con - nected to a sewer line, the County and all Districts on the line shall be jointly and severally liable for any breach of this agr e ement and s h all immediate ly, after notice , rectify any problem or condition d e trimental to the tr e atment pro- 4 I • • n - f ( • • • • c es s. City shall not b "' C•'<l ''~' :..J c.o pr ove •,.;h ich District or t h e County is at fault but shall ma ke available to all such affected Districts and the Couuty all information developed or accumulated by City pertaining to such breach. 13. This contract shall not be used as a legal defense or prohibition to the mandatory consolidation of facilities by either party as may be required by the laws of the State of Colorado of all existing sewer collection systems and facilities to a governmental entity created to assume responsibility for sewer service in the area in which both City and the County are a part under statutory or constitu- tional authority as may be the case. 14. The City and the County mutually agree that the purpose of this agreement is only to drain the County Line Landfill of storm waters that have collected therein. The City does not serve land south of County Line Road in the vicinity of the landfill. No other use will be made of the sewer line except to drain storm waters from County Line Landfill and this sewer line will be immediately discon- nected at the expiration of this agreement or when draining of the landfill is complete, whichever occurs first, unless an extension is specifically agreed to in writing. 15. The tap fees for treatment of the waste water from the County line shall be $100,000.00. This fee is paid to reserve treatment capacity at the Littleton/Englewood Wastewater Treatment Plant. After six (61 months from the date of issuance of the permit, the City and County and Waste Management shall review the amount of capacity needed for treatment of the wastewater from the County Line Landfill. If a significant reduction in treatment capacity is demonstrated, the City agrees to refund the portion of tap fee paid relating to treatment capacity not needed by The County and Waste Management. Similar reviews shall occur at three !31 to six !61 months inverbals thereafter when requested by the City or the County and Waste Management and if the amount of needed treatment capacity is reduced, additional refunds will be made. The Englewood $. 83 per shalll be treatment fee shall be as set forth in the •wastewater Utility Ordinance• which currently is 1000 gallons. The surcharge fee, if required, as set forth in the above-noted ordinance. 16. The County and/or Waste Manage me nt shall complete the City's •permit to Construct and Permit to Use Sanitary Sewer•. 5 • I • • • • • • 1 7. The County and/or Waste Management shall make all n e c e ssary arrangements with the South Arapahoe Sanitation Di strict which are required to transmit the sewage from the County Line Landfill to the City's sewage treatment plant. ATTEST: Marjorie Page Clerk of the Board ATTEST: Gary R. Higbee City Clerk ATTEST: BOARD OF COUNTY COMMISSIONERS, COUNTY OP ARAPAHOE Chairman Date CITY OF ENGLEWOOD, COLORADO Date WASTE MANAGEMENT OP COLORADO, INC. Date 6 • I • • - • • • ORDIIWCE 00. 3f SERIFS CF 1984 • • • BY Alm:iORITY <XXJOCIL BILL 00. 34 Im'ROOOCFD BY <lXJOCIL Pm'IBER BRAI:SHAW AN CIIDIIWCE Alm:iORIZit«i 'llfE EXEX::IJI'ION CF A OOIT CIAIH DEID '00 'llfE CITY CF LITTLETON '00 CORRFCI' TITLE '00 'llfE OCAmi MEn'RO FIRE TRAIN- It«; .ACADEMY. WHEREAS, on the 26th day of May, 1977, the City of Littleton granted to the City of Ehglewood certain real property to be held jointly for its purposes as a fire training acadeny; and WHEREAS, the real pcoperty has been resurveyed, and it is necessary to transfer to the City of Littleton that real property received for the South Metro Fire Training Ac:adeny; and WHEREAS, a new deed will be granted to the City of Ehglewood properly reflecting the real property \.l)On which the South Metro Fire Training llcademy is located; ~, 'lliEREFORE, BE IT ~INID BY 'llfE CITY <XXJOCIL CF 'llfE CITY CF EN;L~, COLORAOO, as follo~o&: Section 1. '1he City Council hereby approves the grant to the C1ty of Littleton, by Q.Iit Claim Deed (copy attached hereto as Exhibit "A") , the following described real property: A tract of land in the liii quarter of the 9i quarter of Section 9, TO\ollship 5, Range 68 West of the 6th P.M., County of Arapahoe, State of Colorado, described as follOio&: Omnencing at a point 594 feet North of the 9i corner of Section 9, thence North 89o59 1 East a distance of 565.9 feet; thence North Oo8 1 East a distance of 1206.6 feet; thence North 27ol0 1 East 238.2 feet to the point of beg inning, which point is approximately 248 feet South of the centerline of Big Dry Creek; thence North Oo5 1 test 608 feet to a point, said point being 287.7 feet South of the Southerly line of the County road; thence South 89o55 1 west to the centerline of the South Platte River; thence Southerly along the centerline of the South Platte River to a point fran which the point of beginning bears North 89o55 1 East; thence North 89o55 1 East to the Point of Beg inning, being 4 .1 acres, more or less. 7r;, I • • - • • • • Section 2. 'ftle City Cowcil hereby authorizes the Kayor and the ex off1c1o City Clerk-Treasurer to sign and attest said Quit ClaUn Deed for and on behalf of the City of El'lglewood. Introduced, read in full, and passed on first reading on the 6th day of AUgust, 1984. PUblished as a Bill for an Ol:dinance on the 8th day of l\ugust, 1984. ~ Aead by title and passed on final reading on the 20th qY of AUgust, 1984. PUblished by title as Ol:dinance N:) •. ___ , Series of 1984, on the 22nd day of AUgust, 1984. EUgene L. Otls, Mayor Attest: ex offlcio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of &lglewood, Colorado, hereby certify that the above and foregoing is a true, accurate and oat~plete copy of the Ol:dinance passed on final reading and published by title as Ol:dinanoe N:). , Series of 1984. --- Gary R. Higbee I • • - • • • • • Reception No Recorct.r. THISDEED, llodethio d117of March -··-· 11184 ,botwHn the City of Englewood, a auoicipal corporation • .._ cluiJ orpni a.ed and exiatina under and by Yi rtue of the Ia .. oftheStat•of Colorado ,ofthefintpart_and the City of Littleton, a auoicipal corporation xa:__. d uiJ orpnia.ed and .. latina under and by •frtue of the lawa oftheStateof Colorado ,oltheeeconclpart, .. ._Jqolodd ..... to 22SS West llerry Avenue, Littleton CO 80l6S WITNESS, That the aaid party of the nrM part, for and in eonaidenUon of the eum of TEll DOLLARS AlfD N0/100 ($10.00)--------·-------DOLLARS, to the Mid party of the f irat part In hand paid bJ the aaid party of the seeond part, the NNipt whereof ie heN b y confaued and arknowtedpd, hu remiNd, re .. ued, aokl, eonveyed and QUIT CLAIMED, and by theM pr...nU doee remiM , Nt.ue, tell, ~o nvey and QUIT CLAIM unto the u.id party of the M t ond part. ita eu~aon and --'en• forever, all the riaht, t it le , intereet, tla im and demand whk h the •id party oft he fint part hu in and to the followincct..cri bed LOT OR PAR CEL OF LA ND ait.uate,lyancand beina i n the County of Arapahoe a nd St.ate or Co lorado , to wit: (See Atta che d Exh ibit "A" herto and IUide a party hereof.) a leo known .. atrftt and number 10 IIAVII AND TO IIOLD \.._ ...,.., t.opt her with aU and aincular the appun.naac. and ,..Yilepl: thereunto •tOftl'i,.., or In uywiee t hereu nto appertainl rw, and all the .. ate, fiPt, t itle, m .. reet aM c:lai• wt&ataoewer, of the aaid ,..-t)' of the flnt put, e 1ther an law or eqult )', &e the only proper u., ••fit aDtl .. half el the ll&id party of the aeeond part, ila IUfteUOn aDd ... .,._ tore ...... IN WITNESI WIII!UOF, The Mid partr of the fint part. h .. c:auM411 IU cerpora&e .... to be hereunto ou._riloodbJ ito Maypr ....._oadito co.,......ooolloboho,..unl.,.lllad.ot--.lb,.ito City Clerk ~the da)' and r aa.r f'tn t a bon wr1tten. At..-c c·------------------------------Cin OF 111CL1W000 City Clerk •• Mayor -S EAL STATE OF OOLOilADO, }---------Countr et Ar•a•W The foNptna lnatru.,.nt waa ·~ kf.,. .. thia doJol Mar ch ,b, oo Mayo r -and oo City Cler k~of the City of !nalevood , Colorado , e ....,i c:i pal corpo retion .. , ~--Oft e•plrea W1tn ... MJ ha rwl a nd o"tc:W Mal ,.. ... ._.,.a..1•~ .. c...,..1-. 1 .....,.,,.,...._c...a~~• .. .._....,... o..-.c:.e..r...,. .. u -•n 8 ~•B•r''A ,, • .. j ·:t I . .. ' • • ' • • • • EXHIBIT "A" A tract of land in the NW quarter of the SW quarter of Section 9, Township 5, Range 68 West of the 6th P.M., County of Arapahoe, described as follows: Commencing at a point ~9J feet north of the SW corner of Section 9, thence north 89~59' edst a distance of 565.9 feet; thence north 0"8' east a distance oJ::l206.6 feet; thence north 27"10' east 238.2 feet to the poin~ of -beginning, which point is approximately 248 feet south of the.,.center line of Big Dry Creek; then north o• 5' west 608 feet to a point, said point being 287.7 feet south of the southerly line of the County road; thence south 89°55' vest to the center line of the South Platte River; thence southerly along the center line of the South Platte River to a point fro. which the point of beginning bears north 89"55' east; thence north 89"55' east to the point of beginning being 4.1 acres. aore or less. I • • ' • • • • 71-/ BY AUTHORITY ORDINANCE NO. SERIES OF 1984 COUNCIL BILL N0.~1 INTRODU~~CIL MEMBER -~--IJl-.Jo~:i::::::l.-- A BILL FOR AN ORDINANCE AMENDING TITLE I, CHAPTER 4, SECTION 10, OF THE 1969 ENGLE- WOOD MUNICIPAL CODE, AS AMENDED, RELATING TO THE CITY COUNCIL ORDER OF BUSINESS. WHEREAS, in the interest of saving time and expense at the City Council meetings, City Council desires to amend the Englewood Municipal Code, 1969, as amended, to change the Order of Business at said meetings by using consent agenda; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council hereby amend Title I, Chapter 4, Section 10, of the 1969 Englewood Municipal Code, as amended, to read as follows: 1.·4-10 ORDER OF BUSINESS A~~---~~T~P~~e~-~·~•r~-~~e~-1 eh4H.-l-Be--qoe~~~-pPHo.-~-t141ee•-W.•-~~~ 1tbe-6ewno.i..-l-ebtH.-l-M---~" ........... ~.-.--ion-oUt• ~·-ifHJ orderT -ewee~ ~--ot.fte~--ftcM.<letl~--~4-.y."""YMe -ot-e..anot-1 .eee-~~-~-.ei<l-.eK-itt~ te-t--ee-H.-~e~r. t"br-Jito"H.-earh ter--eemr!<le-rwt"iett~~~-prerion~~ t-dt--JleCOOJft~of-~-eette4e~e~•~•i-ekere-. te'"l--JleCOOJfttt±on-of-~ wcbeda~ ett±zeft• ~•i-ekere-. t£+--~ntelltiettr. t-crr -erty-Attorne:r'"rvr.-.nt•~ion;-i"ftci-e4~~ae-Nt-iemt-,-btH• ,._._ti:nefte_.r-~-r-•-~l,.....t;41• ... .f•~- •tderattorr-ef" -t:tte-eounei. t. tn-t--erty-~.._.-preaentetton. t±1--ttemma t ~-."Ctn1ri-unw; tr>---~·~C87 trt+--eounei.t Meiillt>et"w e~· t-j+" -Jil4joutn&eltt. 'l'tn!" ~oreqDinq~r~ txrm-r-a~t-not; -tronv.r-1-prah"t'b1t ~· .. ~·i.oR-·~~.....-----·~-~-~~~--.,._.ifteftee-b)-•rrr~--1he-&ewftOi.-l~-eny-·~Mbe-......... .C)f-MMM.--~-~-..-..-.M. • I • - • • • • -2- ALL MEETINGS , EXCEPT INFORMAL MEETINGS, OF THE CITY COUNCIL SHALL BE OPEN TO THE PUBLIC. THE CITY COUNCIL SHALL MEET REGULARLY AT LEAST TWICE EACH MONTH AT A DATE TO BE FIXED FROM TXME TO TIME BY THE RULES AND PROCEDURES. THE CITY COUNCIL SHALL DETERMINE THE RULES OF ORDER AND PROCEDURE GOVERNING MEETINGS BY RESOLUTION. Xntroduced, read in full, passed on first readinq on the 20th day of Auqust, 1984. Published as a Bill for an Ordinance on the 22nd day of Auqust, 1984. Euqene L. Otis, Mayor Attest: ex officio City Clerk-Treasurer 1, Gary R. Biqbee, ex officio City Clerk-Treasurer of the City of Enqlewood, Colorado, hereby certify that the above and foreqoinq is a true, accurate and coaplete copy of a Bill for an Ordinance, introduced, read in full, and passed on first readinq on the 20th day of Auqust, 1984. Gary R. Biqbee • I . • • • - BY AUTHORITY CCUCIL BILL 00. 36 ~y:%1-~ ORDINAN:E 00. SERIFS CF 198:...,4,...--- A BILL FOR FOR AN ORDINAN:E APPROVI~ AN AGU:~ENr BE'IWEEN 'mE REGIONAL TRANSPORTATION DISTRICT AND THE CITY CF DG.9i00D RELATI~ TO A BIE PASS~R SH&.TER AT EVANS AND Zll'II. WHEREAS, the Regional Transportation District desires to construct a bus passenger shelter on EVans at zuni in the City of Engle~; and WHEREAS, the Regional Transportation District has sut:anitted an agreement entitled "Bus Passenger S'lelter llgreement" to the City of fl'lgle~ for such purpose; ~. THEREFORE, BE IT ORDIUNID BY THE CITY CCUCIL CF THE CITY CF EH>L9i00D, COLORAOO, as follows: Section 1. 'Itlat the City ColnCil of the City of fl'lgle~ hereby approves the agreement entitled "Bls Passenger Shelter ~~greement," consisting of four (4) typewritten pages and attached diagram marked Exhibit A, for the construction of a bus passenger shelter on the southeast corner of EVans at zuni, a copy of which llgreenent is attached hereto and incorporated herein by reference. Section 2. 'lbe City Col.nCil hereby authorizes the Mayor and the ex off1c1o City Clerk-Treasurer to sign and attest said llgreement for and in behalf of the City of fl'lgle~. Introduced, read in full, and passed on first reading on the 20th day of August, 1984. Published as a Bill for an Ordinance on the 22nd day of August, 1984. Attest: rugene L. Otis, Mayor ex officio city Clerk-Treasurer 71 I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of fl'lgle~, Colorado, hereby certify that the above and foregoirY;J is a true, accurate and canplete copy of a Bill for an Ordinance, introduced, read in full, and passed on first readirY;J on the 20th day of August, 1984. Gary R. H1gbee • I. I • • • • • • • DuPLICATE I of OHIGJ NAL .:!> ----- BUS PASSENGER SHELTER AGREEMENT AGREEMENT made this day of , 1984, by and between CITY OF ENGLEWOOD, 3400 South Elati St., Englewood, CO 80110, hereinafter referred to as "Licensor," and the REGIONAL TRANSPOR- TATION DISTRICT, a political subdivision of the State of Colorado, 1600 Blake Street, Denver, Colorado 80202, hereinafter referred to as "Licensee." 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 1 THE LICENSE Subject to all the terms and conditions hereof, Licensor hereby grants to Licensee a license to occupy and use the premises described in the diagram attached hereto marked Exhibit A and incorporated by reference herein, to wit: A rectangular-shaped parcel of land being 25' in length as measured in the east-west direction, by 12'-5" in width as measured in the north-south direction, the northwest corner of said parcel being situated 156' east of the existing east extended curb line of Zuni and .5'-.5" south of the existing south curb line of Evans. SECTION 2 TERM OF AGREEMENT The above described premises may be occupied and used by Licensee for a bus passenger shelter, and bus route information, and for incidental purposes related thereto during the period beginning, ______________ _ and continuing until this Agreement is terminated as hereinafter provided. -1- • I • • - ' • l • ,• • • • SECTION 3 TERMINATION Either party may terminate this Agreement at any time by giving written notice to the other party specifying the date of termination, such notice to be given not less than six (6) months prior to the date specified therein. SECTION 4 MAINTENANCE licensee shall, at its own expense, keep and maintain in good repair any improvements placed by it on the premises, and at the expiration of this Agree- ment restore the premises to their original condition, ordinary wear and tear excepted. SECTION 5 LIABILITY licensee shall assume liabilities and losses for bodily injury or tangible property damage caused solely by the negligence of Licensee arising out of and in connection with the use and occupancy of the demised premises by Licensee, its agents, or employees. In the event of any such claims made or suits filed, licensor shall give Licensee prompt written notice thereof, and Licensee shall have the right to defend or settle the same to the extent of its interest hereunder. Licensee shall not be liable for any injury or damages that may arise out of or in connection with the use and occupancy of any area under the control of licensor. SECTION 6 NOTICE Any notices given pursuant hereto by either party to the other party shall be in writing and mailed by certified mail, return receipt requested, postage prepaid, addressed as follows : -2- • I • • ' I f • To Licensor: To Licensee: • • • City of Englewood c/o Rick Kahm 3400 South Elati Street Englewood, CO 80 II 0 Regional Transportation District 1600 Blake Street Denver, Colorado 80202 ATTENTION: Legal Office The address to which any notice, demand, or other writing may be given or made or sent to any party as above provided may be changed by written notice given by such party as above provided. SECTION 7 PROHIBITED INTERESTS No officer, member, or employee of the Licensee and no members of its governing body, and no other public official or employee of the governing body of the locality or localities included with the Regional Transportation District during his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. SECTION 8 MISCELLANEOUS 1. Agreement Binding. This Agreement shall inure to the benefit of and be binding upon the heirs, successors, and assigns of the parties hereto. 2. Laws to Apply. The laws of the State of Colorado and applicable Federal, State and local laws, rules, regulations, and guidelines shall govern this Agreement. 3. Amendment. This Agreement may not be amended except in writing by mutual agreement of the parties, nor may rights be waived except by an instru- ment in writing signed by the party charged with such waiver. -3- • I • • - - I, • • • • 4. Headings. The headings of the sections of this Agreement are inserted for reference purposes only and are not restrictive as to content. IN WITNESS WHEREOF, the parties have duly executed this Agreement, effective the day and date first above written. ATTEST: APPROVED AS TO LEGAL FORM FOR THE CITY OF ENGLEWOOD 9ty Attorney APPROVED AS TO LEGAL FORM FOR THE REGIONAL TRANSPORTATION DISTRICT Legal Counsel LICENSOR CITY OF ENGLEWOOD By~~--~~~~--------------Eugene Otis, Mayor LICENSEE REGIONAL TRANSPORTATION DISTRICT By __ ~~----------------------General Manager -4- • I • • ' • • • • z lJJI ---------:\=--=-__:.._: __ _,_1 ____ ,_ ~ ~eWD D E)(,._,jk.-~~LK- 1>::_:_::.:::;.~·-1 IJ!J..J .:t' ~,.J~. ~~~eJ~~~ •LI . MEASUREMENTS FR014 FACE OF CURS• I SITE DESCRIPTION : -· ·' \I • A rectangular-shaped parcel of land beinq 25' in length as measured In the east-west d irection, by 12 '-5" In width as measured i n the north -south direction, the northwest corner of said parcel being situated 156' east of the existing east extended curb l i ne of Zuni and 5 '-5" south of the existing south curb line of Evans . I . ' • C 0 U N C I L DATE August 15, 1984 • • • C 0 M M U N I C A T I 0 N AGENDA ITEM '7i SUBJECT R.T.D. Bus Shelters at Evans and Zuni INITIATED BY The Planning Division ACT I ON PROPOSED Adopt an Ordinance approving an Agreement between the Ruional Transportation District and the City of Englewood relating to a Bus Shelter on the southeast corner of West Evans Avenue and South Zuni Street BACKGROUND The Regional Transportation District has requested permission to locate a bus shelter on the southeast corner of South Zuni Street and West Evans Avenue in response to the request of R.T.D. Board Member Michael Garcia. There is a workshop/training center on the northeast corner of West Evans Avenue and South Vallejo Street for blind persons, and there are several of these persons who catch the bus at Zuni and Evans, which is a signalized intersection. Hr. Garcia's request for the shelter was on behalf of the persons receiving training at the workshop. The shelter will be located in the public right-of-way; and, because the Agreement is with another governmental Agency, it must be approved by ordinance (see Article 79 of the Home Rule Charter). RECOMMENDATION The R.T.D. request has been reviewed by the Departments of Public Works and Engineering Services as well as the Planning Division. The staff concurs that the bus shelter is necessary at that location and would recommend that the Agreement be approved and signed by the City Council. • I . - ( • • • • KEENE & MUNSINGER ' KENNETH L I<EENE. J ~ STEPHEN M . MUNSINGER RICK DEWITT GRETCHEN C RAU August 9, 1984 Eugene J. Otis, Mayor City of Englewood 4493 S. Cherokee Englewood, CO 80110 Beverly J. Bradshaw Mayor Pro Tempore 2910 Marion Street Englewood, CO 80110 Joseph V. Bilo, Jr. 4095 s. Jason Street Englewood, CO 80110 James L. Hiqday, Jr. 4970 S. Washington Street Englewood, CO 80110 ATTORNEYS AT LAW SUITE 420 600 S CME"RV ST DENVER. COLOR.I.OO 80222·1788 r ·· • J I , -. '· John D. Neil 1 if I 2885 S. Corona Street Englewood, CO 80110 William J. Vobejda 3110 S. Delaware Englewood, CO 80110 Robert E. Weist 4550 S. Inca Street Englewood, CO 80110 Re: Physical Whimsical v. Individual Council Members Dear Members of the Englewood City Council: ., ·J .. TELEJtMONE 13031 320·0 I 00 Physical Whimsical has aqreed to release each of the individual council members in their individual capacity in the lawsuits that have been filed by them . I am enclosing a copy of the Stipu-lation for your review. It would be my recommendation that this Stipulation be approved removing you ~n your indiv~dual capacity. I should point out that no attorney's fees will be paid in this case, in order that you be dismissed at this earliest of opportunities. I • • ( • August 9, 1984 Page two • • • I would request a response from e a c h of you with your approval if you_.s..o cur. Please feel free to call me at the above number. cc: John R. Olsen, City Attorney • I • • - ( ( • ( • • • • DISTRICT COURT, COUNTY OF ARAPAHOE, STATE OF COLORADO STIPULATION TO DISMISS CERTAIN DEFENDANTS AND FOR SUBSTITUTION PHYSICAL WHIMSICAL, INC., a Colorado corporation, Plaintiff, vs. CITY OF ENGLEWOOD; EUGENE L. OTIS, MAYOR; JOSEPH V. BILIO, JR., JOHN D. NEAL, ROBERT E. WEIST, BEVERLY J. BRADSHAW, WILLIAM J. VOBEJDA, AND JAMES L. HIGDAY, JR., the members of the City Council thereof; BRADY DEVELOPMENT CORPORATION, a Colorado corporation and S. BUD BRADY, PHYSICAL WHIMSICAL, INC., a Colorado corporation, Plaintiff, vs. THE URBAN RENEWAL AUTHORITY OF THE CITY OF ENGLEWOOD, AND SUSAN POWERS, THE EXECUTIVE DIRECTOR THEREOF; CITY OF ENGLEWOOD; EUGENE J. OTIS, MAYOR, JOHN D. NEAL, ROBE RT E . WEIST, BEVERL Y J. BRADSHAW, JO SEPH V . BILO, JR., WILLIAM J. VOB EJDA AND JAMES L. HIGDAY, JR ., the members of the City Council thereof; BRADY DEVELOPMENT CORPORATION, a Colorado corporation, and S. BUD BRADY, Defendants. } } } Case No. A84CV484 } Case No. A84CV6 13 } } } } } } } } } } } } ) } } } P laintiff and Defenda n ts E ug e n e J. Otis, J o hn D. Neal, Robert E . Weist , Beverly J . Brad s haw, J oseph V. B ilo, Jr., William J. Vo b ejda and J am es L. Higd ay , J r ., by and t h rough I • • - ( ( ( • • • • respective attorneys of record do hereby stipulate and agree as follows: 1. The individual Defendants consisting of the members of the Englewood City Council shall be dismissed, in their in- dividual capacities, from the within action and the Englewood City Council shall be substituted in their collective place and stead. 2. All pleadings and process heretofore served upon the individual City Council members shall be deemed to have been serv- ed upon the Englewood City Council as Defendant in the within action. 3. No further pleadings nor process shall be required~~~~ the Englewood City Council upon the approval of the within Stip- ulation by this Honorable Court. WHEREFORE, Plaintiff and Defendants Eugene J. Otis, John D. Neal, Robert E. Weist, Beverly J. Bradshaw, Joseph V. Bilo, Jr., William J. Vobejda and James L. Higday, Jr. respectfully pray that this Honorable Court grant the foregoing Stipulation dismissing the said Defendants in their individual capacity and substituting in their place and stead the Englewood City Council. Respectfully submitted, ALTER, ZALL AND HALIGMAN A Professional Corporation By ~R~~-c~h-a_r_d~I~.-=B_r_o_wn--,i"s~rng~sr------- P.o. Box 4587 Englewood, Colorado 80155 (303) 850-7887 Attorneys for Plaintiff KEENE, MUNSINGER & STUCKEY By ;::R'i-=cT:k-.:D-=e""'w"'~"""t...,.t-,__...,E"'s-=q:-.-.,tr.4r:l~'\5::-:::---- 600 South Cherry Street Suite 420 Denver, Colorado 80222 -2- I • • ( • • • • ORDER THIS MATTER having come on pursuant to the foregoing Stipulation, the Court having reviewed the same and now being fully apprised in the premises; IT IS HEREBY ORDERED AND DECREED THAT THE DEFENDANTS Eugene J. Otis, John D. Neal, Robert E. Weist, Beverly J. Bradshaw, Joseph V. Bilo, Jr., William J. Vobejda and James L. Higday, Jr. be and the same are hereby dismissed from the within action sub- stituting in their place instead the Englewood City Council. IT IS FURTHER ORDERED that all pleadings and process heretofore served on behalf of said individuals shall be and is hereby deemed to have been served upon or by said Defendant Englewood City Council; and IT IS FURTHER ORDERED that the caption of the within action shall be and is hereby amended to delete said individuals and to substitute, in their place instead, the Englewood City Council. DATED this __ day of ---------' 1984. BY THE COURT: Judge -3- • I • • • • • ~--------------------------------------------------------------, ( • C 0 U N C I L C 0 M M U N I C A T I D N DATE August 1 5 , 19J4 AGENDA ITEM SUBJECT OVERLAY PROGRAM 1984 <2A INITIATED BY Andy McCown, City Manager ACTION PROPOSED Award of construction contract for Overlay Program 1984 BACKGROUND Overlay Program 1984 is part of the City's annual maintenance program for streets that have previously been constructed to City standards and are now in need of an asphal- tic concrete overlay to improve structural quality and rideability and extend the streets' projected service life. The 1984 program, as bid, consists of a 1~-inch overlay on approximately 25 blocks of Englewood Streets. FINANCIAL The costs for resurfacing under Overlay Program 1984 are borne by the City through monies budgeted in the PIF (includes Arapahoe County Road & Bridge Fund monies). ESTIMATED EXPENDITURE AVAILABLE FUNDING Construction per bid $153,855 PIF $212,000 RECOMMENDATION Eight bids were received for the construction of Overlay Program 1984, a s follows: Bituminous Roadways Kiewit Western Titan Sand and Gravel RKS Industries Western Paving Brannan Sand & Gravel Siegrist Construction Co. Asphalt Paving Co. The engineer's estimate was $193,870.00 . • $153,855 159,355 168,032 172,345 174,205 177,230 195,930 199,020 I • • - . ( ( • • • • -2- We recommend that the construction of Overlay Program 1984 be awarded to the low bidder, Bituminou s Roadways, in the amount of $153,855. Bituminous Roadways is a well-established firm with which we have had excellent experience on several occasions in recent years. The slow-down in private development work has created increased interest in our project, and r esulted in a very low and competitive bid price. We would, therefore, recommend that Council allow us to add additional streets which are in need of overlay to the Program. By fully utilizing the monies budgeted in the PIF, we could take maximum advantage of these excellent prices. The streets, and costs therefor, that we would add are as follows: Available funding for additional streets -$58,145 .00 4 00-800 E . Dartmouth Av enue 300-900 W .. Mansfield Avenue 4300 S. Pennsylvania Street 300 E. Quincy Avenue 800-1200 w. Stanford Avenue Total cost for additional streets RAK/ldo SUGGESTED ACTION: MOVED BY ______________ _ SECOND _______________ __ $17,400 18,500 6,100 3,200 11,800 $57 ,000 YES, ______ ~No _____ ___,ABSENT ____________ _ • I •