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Home My WebLink About1984-09-04 (Regular) Meeting Agenda• • • • 0 City Council Meeting -~~ / September 4, 1984 ~ --L' • • - • • • • ~~~ ~ "'..34, ~~ . .it,,.J'l ~ ~_,r(4: ~tJ_ 41 • 0 0 • I . - I ( 0 • ( • ./ • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL SEPTEMBER 4, 1984 /otv. 7:30 P.M. Call to order, invocation by Reverend Thomas McEwen, Grace Ev Lutheran Church, 4750 south Clarkson Street, pledge of allegiance by Boy Scout Troop 192, and roll call. (~ ~·· v>~ 2. / 3. / 4 • 5. Minutes. (a) Minutes of the regular meeting of August 20, 1984. (Copies enclosed.) Pre-Scheduled Visitors. tion to 10 minutes.) (Please liait your presents- Other Visitors. to 5 minutes.) (Please liait your presentation Public Hearing. coaaunications -No Action Recommended. (a) Minutes of the Liquor License Authority aeetings of June 27, July 11, and August 8, 1984. ~ (Copies enclosed.) (b) Minutes of the Water and sever Board aeeting of July 10, 1984. (Copies enclosed.) (c) Minutes of the Planning and Zoning Coaaission aeeting of August 7, 1984. (Copies enclosed.) (d) Minutes of the Public Library Advisory Board aeeting of August 14, 1984. (Copies enclosed.) • I • • ( ( • • • • Page 2 September 4, 1984 Agenda 6. Communications -Action Recommended. 1 t 0£... ; r rf' J \)\ 'J V: :.J Q~ e-~'}q ~ G~\\-4\ v (a) Letter from Ms. Geraldine L. Allan concerning her resignation as Associate Judge in Municipal Court. (Copies enclosed.) Letter from Arapahoe County, Colorado, concern- ing a waiver of contract license fees for project HEAT. (Copies enclosed.) City Attorney. Ordinances on Final Reading. (a) (b) .! (c) 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. (Copies enclosed.) 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. (Copies enclosed.) 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 enclosed.) Billa for Ordinances. (d) (e) (f) Bill approving Permit Agreement between the City of Englewood, Colorado, and Southwest Cherry Hills Water District. (Bill and Council Commun i cation enclosed.) B i ll establishing useful public service as an alternate punishment for imposition by the Engle- wood Municipal Court by amending Title I, Chapter 1, section 20, and Title I, Chapter 2, Section 1, of the Englewood Municipal Code '69, as amended. (Copies enclosed.) Bill approving a lease between School District 1, Arapahoe County, Colorado, and the City of Englewood, Colorado, for Room 16 at Maddox School to be used as a small nature center. (Copies enclosed.) I • - ( ( • • • • Page 3 September 4, 1984 Agenda 7. City Attorney (Continued). (g) Bill granting a peraanent easement to Mountain States Telephone and Telegraph Coapany. (Bill and Council Communication enclosed.) Other Matters. (f) Attorney's Choice. 8. City Manager. 9. (a) Council Coamunication from the Fire Chief concerning a bid award for a fire hose. (Copies enclosed.) (b) Submittal of the Proposed 1985 Budget and recoaaendation to set a public hearing date for September 24, 1984. (Copies available at meeting.) (c) Manager's Choice•.AJfC~G-P/k-~ . p -rn ·· ~ General Discussion. 0 - (a) Mayor's Choice. (b) Council Meaber's Choice. "~z:··'- AM/sb c COWN anager I . - ( ( • • • PROPOSED CONSENT AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL September 4, 1984 7:30 P . M. 1. Call to order. 2. Invocation by· Reverend Thomas McEwen, Grace Ev Lutheran Church, 4750 South Clarkson Street. 3. Pledge of Allegiance -Boy Scout Troop No. 92. 4. Roll Call. 5. Minutes. (a) Minutes of the regular meeting of August 20, 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) Letter from Ms. Geraldine L. Allan concerning her resignation as Associate Judge in Municipal Court. (Copies enclosed.) (b) Letter from Arapahoe County, Colorado, regarding waiver of contractors license fees for Project HEAT. (Copies enclosed.) 9. Consent Agenda Items. (a) Minutes of the Liquor License Authority meetings of June 27, July 11, and August 8, 1984. (Copies enclosed.) (b) Minutes of the Water and Sewer Board meeting of July 10, 1984. (Copies enclosed.) • • I • • - ( • • • • • • Proposed Consent Agenda Page 2 September 4, 1984 9. Consent Agenda Items (continued). (c) (d) (e) (f) (g) Minutes of the Planning and Zoning Commission meeting of August 7, 1984. (Copies enclosed.) Minutes of the Public Library Advisory Board meeting of August 14 , 1984 . (Copies enclosed.) 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. (C opies enclosed.) 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. (Copies enclosed.) 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 enclosed.) 10. Public Hearing. 11. Ordinances, Resolutions and Motions. (a) Council Communcation recommending Bill for Ordinance approving Permit Agreement between the City of Englewood, Colorado, and Southwest Cherry Hills Water District. (Recommendation and Bill enclosed.) (b) Bill establishing useful public service as an alternate punishment for imposition by the Englewood Municipal Court by amending Title I, Chapter 1, Section 20 , and Title I, Chapter 2, Section 1, of the Englewood Municipal Code '69, as amended. (Bill enclosed.) (c) Co un cil Communication recommending Bill for Ordinance approving lease between School District 1, Arapahoe County, Colorado, and the City of Englewood, Colorado, for Room 16 at Maddox School to be used as nature center. (Recommendation and Bill enclosed.) • I • • ( • Proposed Consent Agenda Page 3 September 4, 1984 • • • 11. Ordinances, Resolutions and Motions (continued). (d) Council Communication recommending adoption of Bill for Ordinance granting a permanent easement to Mountain States Telephone and Telegraph Company. (Rec ommendation and Bill enclosed.) (e) Council Communication recommending bid award for fire hose for Fire Department. (Copies enclosed.) (f) Proposed 1985 Budget and recommendation to public hearing date of September 24, 1984, Budget and General Revenue Sharing Funds. budget available at meeting.) 12. City Manager Report. 13. City Attorney Report. 14. General Discussion. (a) Mayor's Choice. (b) Council Member's Choice. 15. Adjournment. • set concerning (Proposed I • • - • • I • • AGENDA ITEM ----PRESENTED BY ------ ~_h~~ ~ :ttk--lh<~ iJ~~ ~ ~ )n~ffr/ J~ ~ ~ ROLL CALL Moved Seconded Ayes Nay Absent lHgday Neal Vobe,da Weist 8110 Bradshaw Otis MOTION: • Abstain I . . • • • AGEN DA I TEM -----P RES ENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hladav ,_ NeaT v vobe ida ~ Weist ~ Bllo ,__. Bradshaw J.--'" Otis ,...... MOTION: I • • • • • - • • AGENDA ITEM /P---PRESENTED BY -------- ROLL CALL Moved Seconded Abstain Hladav Neal vobeTda 1,./ WeTst v Bllo Bradshaw Otis M CJriON :~ I • • • - • AGENDA I TEM ----- /he-~W~. ?f(j-4-~ Cf8 Co ~ • • • PRESENTED BY ------- w~ s/h (Jt.; avo ~~ ~---~ ROLL CALL Moved Seconded Ayes Nay Absent Abstain H_lgelay Neal ·_i Vob~Uda I Wei s t I .. BJio Bradshaw Otis MOTION: • I • • • • • AGENDA ITEM -----PRESENTED BY -------- ROLL CALL Moved Seconded Abstain ~TQOiY Neal Vobe1da lolelst B II<> Bradsh- Otis MOTION: I . • • • • • AGENDA ITEM ----- PRESENTED BY -------- 3 ROLL CALL Ayes Nay Absent Abstain Moved Seconded Hlgdav Neal Vo be1da Weist s1 fa Bradshaw Otis MOTION: I • • • • • • • 6~--j_ AGENDA ITEM ~::...=:.--- PRESENTED BY -------- ROLL CALL Absent Abstain Ayes May Seconded I -Moved tHadav I MeaT \ 7 Vobe1da I v I Weist Bllo -J ..... Bradshaw 1 -Otis .... MOTION : • I • • • • • • • AGENDA ITEM PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain 111gaay -Neal Vobe]da -£..-"' Weist -Bl lo -Bradshaw -Otis - I • • • • • • • AGENDA ITEM t h PRESENTED BY ---- Moved Seconded Ayes Nay Absent Abstain n1gaay Nea_! VobeJda We_Jst Bllo Bradshaw Otis MOTION: I . . • • • • • AGENDA ITEM PRESENTED BY-------- ROLL CALL Moved Seconded Hlgday Neal } Vobejda I v Weist I v Rllo Bradshaw -Otis - I • • • • • - • • AGENDA ITEM _1-L.:h~:::..._-PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgelay -v Neal \ Vobe1da I Weist I v Bllo Bradshaw Otis - MOTION: c 611 8b (foJ. 1} ?Jg I • • • • • • ,. • AGENDA ITEM P RESENTED BY-------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain HIQc:lay V" Neal ~ Vo b e1da Wei s t Bll o Brad s haw Otis I • • • • • • • AGENDA ITEM ----PRESENTED BY ------ M "1P8z. ~~-~~ L u )f ~~ m~~-~~ t ~ ~~ ~ cT ~ ~ /~ ~ ~ _LUl.il) t..P;aJ-~~~ ~~-~~/)-~ ROLL CALL Moved Seconded Ayes Nay Absent Abstain HIQCiay - Neal Vobeida Weist Bllo - Bradshaw -Otis - MOT I ON: • • I . . • • • AGENDA ITEM PRESENTED BY ----------------- ROLL CALL Moved Seconded Ayes Abstain _l!_!_gday -v Nea_l Vobeida WeJst ~ _8_11o Bradshaw Otis - MOTION: C13 JJ 3~ I • • • • • AGENDA ITEM ~ ___.... PRESENTED BY --------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday Neal ~ v Vobeida -WeTst v Bl lo Bradsh--Otis - I • • • • • • PRESENTED B Y ---------- ROLL CALL Moved Se conded Ayes Nay Absent Abstain Hlgday -Neal - Vobe1da - ~ Wei s t -v Bi lo -Bradshaw Ot is - MOTION: I • • • • • '' • P RESENTED BY -------- ROLL CALL Moved Seconded Abstain Hlgc!av Neal -v Vo be1da -Wei s t - Y' -Bllo -Bradshaw Otis - MOTION: Cf; ~ 4D I • • • • • • - AGENDA ITEM ~ tt--PRESENTED BY lh C..~ ROLL CALL Moved s econded Ayes Nay Absent Abstain ,.._ 1- 1- IITadav - ~ Neal 1 I-- Vobe-:;-da I -We st --I ,/ Bi In I I - I Bradshaw - --- I Otis I I -I --1 ::1 MOTION : ' I • • • • • • • AGENDA ITEM ~~ PRESENTED BY ~C..~ Moved Seconded Ayes Nay Absent Abstain t11Qday -v Neal Vobeida _... Weist v Bi lo -Bradshaw -Otis Mar~~~~~~ t o~co G--~ /l)--r ~ o-~ ) 0--,~ 6 i ~ IX~..._; • I . • • • • AGE NDA ITEM 59 . P RESENTED BY Moved Seconded Ayes ~y Absent Abstain Hlgoay Neal Vo be1da Weist Bl lo Bradshaw Otis MOTION: I . . • • • • - AGENDA ITEM ---PRESENTED BY ----- (_ .. ~~-d-D~~~~;f~~ >0-fCLe..t.. d' ~\ ~ -r c7 ~GAl-~ ~ -./1--0 ~ ~ ~~~~ ~-..inA~~ ,q&~ -~ju-od" ~~ -~~~~~ -f! /. n / 1 ~~ ~ ./1M)~~~~ ~ ~~~-~~. 0 ROLL CA~ Moved Seconded Ayes Nay Absent Hlgday - v Neal - Vobilda - Weist -v Bllo - Bradshaw - Otis - • • Abstain I . • - • • AGENDA ITEM ----------PRESENTED BY------------ ROLL CALL Moved Seconded Abstain Hlgday Neal Vobe1da Weist Bilo Bradshaw Otis MOTION: • I . • • - , • • REGULAR MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado August 20, 1984 ;~ The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on August 20, 1984, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Reverend Keith Merriman, Emmanuel United Methodist Church, 2700 South Downing Street. The pledge of al- legiance was led by Mayor Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Vobejda, Weist, Bilo, Bradshaw, Otis. Absent: Council Member Neal. Council Member Neal entered the meeting at 7:40 p.m. The Mayor declared a quorum present. * * * * * * * Also present were: City Manager McCown * * * Assistant City Manager Vargas City Attorney Olsen Deputy City Clerk Owen * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF AUGUST 6, 1984. Council Member Bilo seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • * * * * * * * • I • • - ' • f • August 20, 1984 Page 2 • • • There were no pre-scheduled visitors. * * * * * * * Mayor Otis asked if there were any other visitors at this time. Glenna Bennett, 3296 South Downing; Debra Mellanex, 3319 South Downing; and Norita Welch, 3311 South Downing, appeared before Council and asked for resolution to a traffic problem at the intersection of Floyd and South Downing. They expressed concern because of the serious traffic accidents so far this year. Also, because school was soon to start, they were concerned about children walking through the inter- section. They suggested putting up a stop sign and a sign in the middle of the block warning there was a stop sign ahead. Council Member Neal stated he has asked Assistant City Manager Vargas to initiate a traffic study at this particular intersection. Mayor Otis stated a traffic count was to begin the next day and police patrol officers were instructed to start patroling that area more than normal. Council Member Bradshaw suggested that parents contact the ele- mentary school principal to see if a letter could be sent home instruc- ting the children where to walk. Council thanked the ladies for coming to the meeting and bring- ing this matter to their attention. * * * * * * * "Communications -No Action Recommended" on the agenda were: (a) (b) (c) (d) (e) Minutes of the Court Advisory Committee meetings of April 23 and June 11, 1984. Minutes of the Board of Career Service Commissioners meeting of May 17, 1984. Minutes of the Englewood Housing Authority meeting of June 27, 1984. Minutes of the Englewood Downtown Development Au- thority meeting of July 11, 1984. Minutes of the Board of Adjustment and Appeals meet- ing of July 11, 1984. • I • • • ' I • August 20, 1984 Page 3 (f) • • • Minutes of the Planning and Zoning Commission meeting of July 17, 1984. COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT "COMMUNICATIONS -NO ACTION RECOMMENDED" AGENDA ITEMS S(A) -S(F). Council Member Bilo sec- onded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: 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 Housing Authority concerning a resolution relating to development of public housing for large families . Mr. McCown introduced Tom Burns, the Housing Authority Chairman, for the purpose of explaining the matter further. Tom Burns, 3600 South Bannock 1301, appeared before Council. Mr. Burns explained the Housing Authority was preparing to submit an application for the development of public housing with three or more bedrooms for large families. Mr. Burns stated in order to have funds to option the houses during HUD's site approval process, the EHA was re- questing execution of a Front End Annual Contributions Contract. Mr. Burns stated the Authority has determined that there is a need for low- rent housing for large families in Englewood; and therefore, requests that the City Council adopt the resolution approving application for a front end ACC for low-rent public housing. Mr. Burns stated adoption of the resolution would be a show of support for this project. RESOLUTION NO. 32 SERIES OF 1984 A RESOLUTION APPROVING APPLICATION FOR PRELIMINARY LOAN AND /OR FRONT END ANNUAL CONTRIBUTION CONTRACT FOR LOW-RENT PUBLIC HOUSING. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 32, SERIES OF 1984. Council Member Vobejda seconded the motion. Council Member Neal spoke against passing the resolution. Mr. Neal was concerned about the amount of subsidized housing units in Engle- wood already, and queried if a trend was taking place. Mr. Neal stated it may create conditions that it is suppose to resolve. • I • • • • • • • August 20, 1984 • Pag e 4 Upon a call of the roll, the vote resulted as follows~ Ayes: Council Members Vobejda, Bilo, Bradshaw, ~st. Nays: Council Members Higday, Neal, Weist. The Mayor declared the motion carried. * * * * * * * BY AUTHORITY ORDINANCE NO . SERIES OF 1984 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 APPEARANC E , SIZE, CHARACTER, AND HEIGHT OF FENCES; WHICH ORDINANCE IS ADOPTED PUR- SUANT TO THE CONSTITUTION OF THE STATE OF COLORADO AND THROUGH THE EXER- 1 CISE 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 MATTERS, THE INTENT OF THIS PORTION OF THE COMPRE- HENSIVE ZONING ORDINANCE BEING TO SUPERSEDE WITHIN THE TERRITOR I AL LIMI TS AND OTHER J URI SDIC TI ON OF THE CITY OF ENGLEWOOD THE GENERAL LAW OF THE S TATE OF COLORADO I N CONFLICT HEREWITH, AND PRES CRIBING PENAL TI ES AS SE T FO RTH I N TH E MUN CI PAL CODE OF THE CITY OF ENGLEWOOD WHICH SHALL APPLY TO VIO LATIONS OF THE PR OVIS I ONS OF TH I S ORDINANC E , AN D DE CLAR I NG AN EMER - GE NCY . COUNCIL ME MBER HI GDAY MOV ED TO PASS COU NCIL BILL NO. 2 4, SERIES OF 198 4 , ON FIN AL READ I NG . Co uncil Mem b er B ilo seconded the motio n. Council Member Bradshaw spoke against the bill as being too much restriction on the home owner. COUNCIL MEMBER NEAL MOVED TO AMEND THE MOTION AND DELETE THE EMERGENCY CLAUSE AND RENUMBER THE PARAGRAPHS. Council Member Bilo sec- onded the motion. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Council Members Neal , Vobejda, Bilo , Bradshaw. Nays: Council Member Higday, Weist, Otis. The Mayor declared the motion carried. • I • • • ( • August 20, 19114 Page 5 • • • Upon a call of the roll, the vote on the original motion re-sulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Otis. Mayor Pro Tern Bradshaw. Th~ Mayor d~clared the motion carried. ORDINANCE NO. 29 SERIES OF 1984 * * * * BY AUTHORITY * * * COUNCIL BILL NO. 27.1 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. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 27.1, SERIES OF 1984, ON FINAL 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, Bilo, Otis. None. Mayor Pro Tern Bradshaw. The Mayor declared the motion carried. ORDINANCE NO. 30 SERIES OF 1984 * * * * BY AUTHORITY * * * COUNCIL BILL NO. 28.1 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE APPROVING USE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND SCHOOL DISTRICT NO. 1, ARAPAHOE COUNTY, COLORADO, CON-CERNING DUNCAN SCHOOL. • I • • I • August 20, 19 84 Page 6 .. • • • COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 28.1, SERIES OF 1984, ON FINAL READING. Council Member Bilo seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: . ~·. The Mayor ORDINANCE NO. 31 SERIES OF 1984 Council Members Higday, Neal, Vobejda, Weist, Bilo, Otis. nlY'\A. MaygE P~g T@m Bra~shaw 11-\~ -fJM ~ -f:J~A..t...K" declared the motion carried. * * * * BY AUTHORITY * * * 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 FINAL 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. 32 SERIES OF 1984 * * * * BY AUTHORITY * * * 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 CON- CERNING THE DETENTION POND PROJECT. • I • • • August 20, 1984 Page 7 .. • • • COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 32, SERIES OF 1984, ON FINAL READING. Council Member Bilo seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, B ilo , Bradshaw, Otis. None . The Mayor declared the motion carried. ORDINANCE NO. 33 SERIES OF 1984 * * * * BY AUTHORITY * * * COUNCIL BILL NO. 33 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE APPROVING THE CONNECTOR'S AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AN D THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE FOR TREATMENT OF WASTEWATER IN COUNTY LINE LANDFILL. / COUNC IL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 33, SERIES OF 1984, ON FINAL READING. Council Member Bilo seconded the mot i on. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Hi gday, Neal, Vobejda, We ist , Bilo, Bradshaw, Otis. None . The Mayor declared the motion carried . ORDINANCE NO. 3 4 SERIES OF 1984 * * * * BY AUTHORITY * * * COUNCIL BILL 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 TRAINING ACADEMY. COUNCIL MEMBER BRADSHAW MOV ED TO PASS COUNCIL BILL NO. 34, SERIES OF 1984, ON FINAL READING. Council Member Bilo seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: • I • • - • r August 20, 1984 Page 8 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. 37 INTRODUCED BY COUNCIL MEMBER NEAL 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. Council Member Bilo requested the proposed rules and procedures for order of business be discussed further in a study session. f COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 37, SERIES OF 1984, ON FIRST READING. 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. 36 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION DISTRICT AND THE CITY OF ENGLEWOOD RELATING TO A BUS PASSENGER SHELTER AT EVANS AND ZUNI. • I • • - ( I • August 20, 1984 Page 9 • • • COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BIL L NO . 36 , SERIES OF 1984, ON FIRST READING. Counc i l Member Vobe j d a s e cond e d the mo ti on. Upon a call of the roll, the v ote resulted as fo ll ows: Ay e s: Nays: Council Members Hi gda y , Nea l , Vob ej d a , Weist , Bilo , Bradshaw, Ot i s. None. The Mayor declared the mot i on carried. * * * * * * * City Attorney Olsen transmitted the stipulation relea s i ng e ach o f the individual council members from the Physical Whimsic a l cas e . * * • • • * • Ci t y Manager McCown presented a Counc i l Communicat i on conce rni n g t he 1984 o v erlay program bid award. Mr. McCown recommended award be ma d e to the low bidder Bituminous Roadways which was $58,000 under the eng i - neer's estimate. Mr. McCown stated the slow-down in pr i vate developmen t work has created i ncreased interest in the City project, and therefore, the reason for the low and competitive bid prices. Mr. McCown stated t h e C i ty could take maximum advantage of the low prices and do add i t i onal streets. Mr. McCown recommended adding $57,000 to cover the costs of t he addi ti ona l s tr ee t s. CO UNC I L MEMBER NEAL MOVED TO AWARD TO BITUMINOUS ROADWAYS THE CONS T RUCT I ON CONTRACT FOR OVERLAY PROGRAM 1984 IN THE AMOUNT OF $15 3 ,855 AN D I N ADDI T ION AUTHORIZE TH E C ITY MANAGER TO EXPEND UP TO AN ADDIT I ONA L $107 ,0 0 0 FOR OV ERL AY PROGRAM 1 984. Counc i l Membe r Bradsh a w seconded the motion . Council Me mber Higday spo k e agai ns t the mo ti o n . Mr. Higd ay was i ncl i ned to reserve the extra monies for u n foreseen overruns in downtown development costs or expend the monies to move the nature center from Duncan School to Belleview Pa rk with the petting zoo. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. Council Member Higday . The Mayor declared the motion carried . • • • • • • • • I • - ( • August 20, 1984 Page 10 • • • City Manager McCown reminded Council of the Chamber of Commerce picnic on Thursday, August 23, 1984, at 11:30 a.m. honoring Ernest (Packy) Romans. * * * * * * Mayor Otis informed Council the committee parade had some exciting items planned this year. committee may be requesting a $2,000 contribution; later time. * * * * * * * for the Englewood Mayor Otis stated the but it would be at a * Mayor Pro Tern Bradshaw stated the judges for the Miss Englewood pageant have requested space for riding in the horsecar during the parade. * * * * * * * Mayor Pro Tern Bradshaw thanked Council Members Silo and Weist, City Attorney Olsen, and City Manager McCown for their efforts in pre- paring the agreement with the School District. * * * * * * * Mayor Pro Tern Bradshaw noted her appointement to the Housing Authority expired in July of this year. * * * * * * * Mayor Pro Tern Bradshaw noted the corner of Grant and Eastman was junky and requested that something be done to clean it up. * * * * * * * There was no further business discussed. COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 8:56 p.m. • I • • ( ( • • • • MINUTES ~ LIQUOR LIONSE Aim!ORITY JUNE 27, 1984 The meeting was convened at 7:30 p.m. PRESENT: Styes, Bryan, Lwders, McLaughlin, Patterson ABSENT: None 'nle Chair declared a quorun present. * * • * A BRYAN MJVID, lO..Al.GU.IN SEXX'NDED A MJI'IOO 'ID APPOOVE 'niE MINl1l'ES OF JUNE 6, 1984 MEm'ING. AYES: Styes, Bryan, Lwders, McLaughlin, Patterson NAYS: None 'nle notion carried. * * * * A Special Events Permit application for serving 3. 2 beer by Western Wel<X.Jre Week, Inc., on July 28, 1984 was presented. Jim Gunderson represented the organization. ~IN MJIJED, BRYAN SEX:.'CNDED A MJI'IOO 'ID APPOOVE A SPFX:IAL EIIENl'S PERMIT FOR WESTERN WE:U::n1E WEEK, INC. 'ID SERVE 3.2 BEER 00 JULY 28, 1984 AT 'mE FAI~ AYES: Styes, Bryan, I..un:3ers, McLaughlin, Patterson NAYS: None The notion carried. * * * * PA'I'I'ERSCN MJVED, .I'CLA!.GiLIN SEXX'NDED A K7l'IOO 'ID REX:EIVE AN APPLICATIOO FKM SAF»lAY sroRES 'ID OIANGE IDCATIOO FlO! 125 E. HAMP1:>EN AV. 'ID 201 E. JEFF'ERSCN, SET A PUBLIC~ Dol'\TE FOR AinJST 8, 1984 AND ESTABLISH 'mE NEIGIOORHOCO FOR PETITIOOING AS YALE, OXFORD, DELAHI\RE, AND EMERSCN. AYES: Styes, Bryan, Lwders, McLaughlin, Patterson NAYS: None The notion carried. * * * • • I • • LICP:)R LICENSE AU'IHORITY June 27, 1984 Page 2 • • • BRYAN MJ\1ED, PA'l"l'ERSOO SEO:IIDED A KYI'I~ 'ro OPEN A PUBLIC HF.AJUN; 'ro CXNSIDER AN APPLICATICN FOR A H<Yl'EL/RESTAURANT LICENSE sumfi'l"l'ED BY G.E.M . IlC DBA M:>R:iAN'S, 701 W. HAMPDI:N. AYES: Styes, Bryan, Lun:iers, McLaughlin, Patterson NAYS: None '!he notion carried. * * * * Eric Johannisson presented the application received by the City for a Hotel/ Restaurant License sul::Jni.tted by G.E.M. Inc. dba Morgan 's, 701 w. Hanpden. Max Scott, president of Oedipus, Inc, presented the petitioning report which his fi.Dn CCJTt>leted. Alan Dill, an attorney, represented G.E.M. Inc, the applicant. '!he applicant presented the foll<Ming wi tnesses in favor of the applicant: Clinton Cochran -General Manager, Villa Italia, representin] KRAvcn, the lessor 720 w. Alaneda Lakewood, co Terry Wheeler -General Manager, Skippers 999 W. Hanpien Englewood, co Michelle Wilk -Leasin] Manager, KRAVO) 701 w. Hanpden Englewood , co Herbert Fairman -Manager, Wags 701 w. Hanpden Englewood, co Gary Morgan -President, G.E.M. Inc. 701 w. Hanpden Englewood, co 80110 Chairman Styes asked if anyone in the audience wished to owose the issuance of the license. 'nlere was none. The meeting recessed at 8:30 p.m • I • • LIQUOR Llc:ENSE AimiORITY June 27, 1984 Page 3 The rreetin;J reconvened at 8:45 p.m. • • • M:lAI.niLIN MJVEil, PA'l'l'ERSCN SfXXHlED A KYI'ICN 'ID APPRJ\TE ~ APPLICATICN FOR A IDTEL/RESTAlJRANl' Lic:ENSE SUBMl'ITID BY G.E.M. DC, DBA ~·s AT 701 W. HAHPDJ:N. AYES: Styes, Bryan, I..un3ers, McLau:Jhlin, Patterson NAYS: None The notion carried. * * * * M:lAI.niLIN MJVED, BRY~ SEO:IIDED A KYI'ICN 'ID CIIJSE 'mE PUBLIC HFARIN:i. AYES: Styes, Bryan, Lunders, McLau:Jhlin, Patterson NAYS: None The Jrotion carried * * * * LUNDERS MJVED, B~ SEXXN>FD A KYI'ICN 'ID REN&l 'mE Lic:ENSES FOR ~ BIZ PIZZA PLACE, EL RANCHERI'ID, AND OlD TQolN LI~. AYES: Styes, Bryan, Lunders, McLau:Jhlin, Patterson NAYS: None The IIDt.ial carried. * * * * The rreetin:J adjourned at 9:05 p.m. • I • • ( • • • • MINt1I'ES ~ LI~R LICENSE AI.11HORITY JULY 11, 1984 'nle meeting convened at 7:25 p.m. 5 A • MflomERS PRESFNr: Styes, Bryan, Lurrlers,Mc:Laughl.in, Patterson None Also Present: Assistant City Attorney Grimn Deplty City Clerk Jdlannisson A quorun was declared. * * * * 'ttlere bein;J ro objection, the minutes of the June 26, 1984 meeting were accepted. * * * * A Special Events Permit application was received fran the Littleton 'nleatre ~ who was represented by Rae Ellsberry. 'nle event will be on August 2,3,4 arrl 5, 1984 arrl will serve beer, wine arrl liquor in conjunction with a melodrama at the Fair- growds. M:LAIGILIN MJI1FD, PA~ SBXN>ID A MJI'I~ 'ro APPIVIlE A SPEX:IAL EVml'S PERMIT FOR '!HE LI'l"l'LElm '11iEATRE a:MPANY FOR BEER, WINE, AND LI(lX)R ~ AIXiUST 2, 3, 4, arrl 5, 1984. AYES: Styes, Bryan, Lurrlers, McLaughlin, Patterson NAYS: None 'nle I!Dtion carried. * * * * BRYAN MJI1FD, M::IAlXiHLIN SIDN>ID A M:Yl'I~ 'ro REliD'l '!HE IDl'EL/RESTAIJRANl' LICENSE FOR O'REILLY'S, 90 W. BEI...LEVIEW. AYES: Styes, Bryan, Lurders, McLaughlin, Patterson NAYS: None '1he motion carried. * * * * • I • • • LI~R LIQNSE AIJ'IHORITY JULY 11, 1984 Page -2- • • - PA~ KJilFD, K:l.AIXiHLIN SFX!N)fD A KY!'IOO 'ro APPRJI1E A ClWl:iE IN OORPORATE STRJCruRE FOR PAOOY BCXYrS. AYES: Styes, Bryan, Lunders, McLaughlin, Patterson NAYS: None The notion carried. • • • • Johannisson updated the El Tepehuan hearing. 'l1le reporters transcript of the lioense awroval hearing should· be available soon aCCXJrding to Eileen Carpenter . • • • • 'l1le Board recessed at 7:45 p.m. • • • * The Board reoonvened at 8:05 p.m. • • • • 'l1le matter of the Show cause Hearings for the Southw:irrl an:1 the Englen:x>k were cxmrenoed to oonsider allegations that the licensees served alcoholic beverages to a min:>r. 'l1le attorneys for the licensees agreed to hardle the hearings sinultaneously. Upon a roll call, all lle1tlers of the Authority were present. 'l1le following persons were introduced: 1. Merrbers of the Authority 2. Charles Gri.nm, Assistant City Attorney 3. Eric Johannisson, Deputy City Clerk 4. Bernard Thorn, Attorney for the Englen:x:>k 5. Darrell Harrison, Attorney for the Southw:irrl 6. Steven Kroll, Englewood Police Depa.rt:lrent an:1 presenting the City's case. 'l1le following witnesses were questioned by the City, the attorneys for the licensees, an:1 the Authority: 1. Mary Beth Olan:ller -Englewood Police Department 2. Donna Lor¥J, 3600 s. Pearl -person who was W¥3erage an:1 allegedly was served by the Englen:x:>k am the Southw:irrl 3. Panela Luedtke -enployed by the Southw:irrl • I • • • LIQOJR LICENSE AIJmORI'IY JULY 11, 1984 Page -3- .. • • • 4. Monica DiBari -Ell1?1oyed by the Eng1erook 5. llobert c.ororeay-o.mer, the Eng1erook 6. Gary Baker -manager, the Southwin:l 'nle neeting recessed at 9:55 p.m. * * * 'n1e mee~ reoomrened at 10:15 p.m. * UN>ERS MJI1ED, BRYAN SEXXNJfD A K7l'I~ 'ID FIND THAT: A) WI'm RESPECr 'ID 'mE EHUNXI< RESTAllRANl' AND I.aN>E, 'mE PREPCR>ERANCE CE 'mE E.VIDf2CE OOES !VI' SUSTAIN 'mE AI...LEXiM'I~ C£ SER'JlKi A MDDR ~ MAY 5'm OR 6'm, 1984; B) WI'ni RESPS:T 'ID 'mE ~ RESTJWMNl', 'mE PREE'(H)EIWO: CE 'mE E.VI0EN:E OOES N:7l' SUSTAIN 'mE AI.UliATI~ C£ 5ERVJN; A MINJR ~ MAY 5'm OR 6'1'11, 1984, IN VIOLATI~ OF 12-47-128 (5) (a), CRS 1973. AYES: Styes, Bryan, Lun:3ers, McLaughlin, Patterson NAYS: None 'ttle JrOtion carries. 'nle Authority rtltlin3ed the licensees that they should ~rove their procedures for insur~ that minors are not served at their businesses. * * * * 'ttle ~ adj~ at 10:20 p.m. • I . • - .. • • • • MINUTES ENGLEWOOD LIQUOR LICENSE AUTHORITY AUGUST 8, 1984 The meeting convened at 7:30 p.m. MEIII3ERS PRESENT: MEIII3ERS ABSENT: Chairman Styes declared a quorum. * STYES, BRYAN, LUNDERS, MCLAUGHLIN, PATTERSON NONE * * * There being no objection, the minutes of the July 11. 1984 meeting were accepted. * * * * BRYAN MOVED, MCLAUGHLIN SECONDED A MOTION TO APPROVE THE CHANGE IN MANAGER FOR PADDY BOOTS, 5180 S. BROADWAY. AYES: NAYS: The motion carried. * STYES, BRYAN, LUNDERS, MCLAUGHLIN, PATTERSON NONE * * * BRYAN MOVED, PATTERSON SECONDED A MOTION TO APPROVE THE RENEWAL APPLICATIONS FOR THE LIQUOR BARN, 4415 S. BROADWAY AND ROYAL PETROLEUM, 4500 S. BROADWAY. AYES : NAYS : The mo t i on carri ed . * STYES, BRYAN, LUNDERS, MCLAUGHLIN, PATTERSON NONE * * * PATTERSON MOVED, BnYAN SECONDED A MOTION TO OPEN A PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A CHANGE OF LOCATION FOR SAFEWAY STORES FROM 125 E. HAMPDEN TO 201 E. JEFFERSON . AYES : NAYS : The motion carried. • STYES, BRY AN, LUNDERS, MCL AUGHLIN, PATTERSON NONE * * * A I . • • LIQUOR LICENSE AUTHORITY AUGUST 8, 1984 Page -2- • • • Upon a call of the roll, the following ~rs W@re present: STYES, BRYAN. LUNDERS. MCLAUGHLIN, PATTERSON Chainman Styes declared a quorum. Alan Dill. Attorney. 700 E. Speer, Denver represented the applicant. The following witnesses were questioned by Hr. Dill and the Authority: GENE SAllER 7778 W. Plymouth Pl. Littleton. Colorado Store Manager BARBARA MCCAFFERY 1000 E. Oxford Lane Englewood, CO POLLY COLLIER 4443 S. Acoma Englewood, CO EUGENE LAMONT 3270 S. Lafayette Englewood, CO Chairman Styes asked if there was anyone in the audience who wished to oppose the application. None appeared. LUNDERS MOVER. BRYAN SECONDED A MOTION TO APPROVE THE CHANGE OF LOCATION FOR SAFEWAY STORES 3.2 BEER LICENSE FROM 125 E. HAMPDEN TO 201 E. JEFFERSON. AYES: NAYS: The motion carried. STYES, BRYAN, LUNDERS, MCLAUGHLIN. PATTERSON NONE MCLAUGHLIN MOVED. BRYAN SECONDED A MOTION TO CLOSE A PUBLIC HEARING TO CONSIDER AN APPLICATION SUBMITTED BY SAFEWAY STORES. AYES: NAYS: The motion carried. * STYES, BRYAN. LUNDERS, MCLAUGHLIN, PATTERSON NONE * * * • I . • - ' • • LIQUOR LICENSE AUTHORITY AUGUST 8, 1984 Page -3- • • • BRYAN MOVED, MCLAUGHLIN SECONDED A MOTION TO APPROVE THE CORPORATE NAME OF G.E.M. INC ~ba MORGAN'S TO MORGAN 'S RESTAURANT, INC dba MORGANS. AYES: NAYS: The motion carried. * STYES, BRYAN, LUNDERS, MCLAUGHLIN, PATTERSON NONE * * * Johannisson reported that the transcript for El Tepehuan should be received within a week or two. * * * * The meeting was adjourned at 8:20 p.m . • I . . • • • • WATER AND SEWER BOARD July 10, 1984 Regular Meeting 5 9 The meeting was called to order at 5:00 p.m. The Chairman declared a quorum present. Members present: Members absent: Also present: Best, Fullerton, Haviland, Resley. Higday, Otis, Lay, Gulley Vobejda Stewart Fonda, Director of Utilities 1) MINUTES OF THE JUNE 12, 1984 MEETING. Mr. Fullerton stated that the minutes of the June meeting were not correct as written. Item ~1 should be corrected as follows: Other municipalities may participate with this program providing their fire and rescue department coordinates the date and time with the City of Littleton's Fire Department and provides the City of Englewood with the same liability arrangements as required from the City of Littleton. Mr. Fullerton moved; Mr. Resley seconded: Ayes: Nays: Members absent: Motion carried. To approve the minutes of the June 12. 1984 regular meeting as corrected. Best, Fullerton, Haviland, Resley. Higday, Otis, Lay, Gulley None Vobejda 2) CONNECTOR'S AGREEMENT -CITY OF SHERIDAN. Mr. Fonda discussed the City of Sheridan Connector's Agreement that will be forwarded to the Mayor for signing. Mr. Fonda noted that an "Exhibit A", showing boundaries covered in the agreement, will be required before forwarding the agreement to the Mayor. Page 1 of 4 • I • • ' • • • •' • This agreement will not include any sewer taps until the Bi-City Plant expansion is under construction. Requests would be considered by the Water and Sewer Board on an individual basis. Mr. Fullerton moved; Ms. lay seconded: Ayes: Nays: Members absent: Motion carried. To recommend the Mayor sign the City of Sheridan Connector's Agreement, upon the receipt of "Exhibit A" showing boundaries covered by the agreement. Best, Fullerton. Haviland, Resley, Higday, Otis, lay, Gulley None Vobejda 3) WATER AND SEWER BOARD DINNER WITH CITY COUNCIL. The Board was reminded of the dinner with City Council on July 25, 1984 at 6:00 p.m. at Duffers Restaurant at the Municipal Golf Course. The Recording Secretary will call the members for a final count. 4) UTILITY AGREEMENT WITH STATE DEPARTMENT OF HIGHWAYS. Stewart Fonda reviewed the Standard Utility Agreement, Minor Utility Adjustment between the State Department of Highways, Division of Highways and the City of Englewood for Project No. IXFU 470-1(10). The agreement is for relocating a total of 700 linear feet of 42" steel casing pipe. Because time was of the essence, the agreement was signed after discussion with the City Manager. S) COM -CORNEll AND PENNSYLVANIA PUMP STATION. Mr. Fonda reviewed Camp Dresser & McKee's proposal for engineering services to upgrade the ventilation system in the Cornell and Pennsylvania Pump Station . The proposal is a "worst case" estimate and charges would be on a cost- plus basis. Upper limit costs for the project would be: Design Phase $4,985; Bidding and Construction Phase $2,565. Mr. Higday moved; Mr. Fullerton seconded: To forward Camp Dresser & McKee's proposal for engineering services to upgrade the Cornell and Pennsylvania Pump Station to the City Manager for signing. Page 2 of 4 • I . • • • • • 6) COM -TANK SECURITY AND PAINTING FOR SHERMAN TANK. Stewart Fonda briefly discussed a proposal for tank security and painting for the Sherman Tank. Mr. Fonda noted that more infonmation was needed before a motion could be called. The Board concurred to table the motion until more information was provided. Mr. Fullerton moved; Mayor Otis seconded: Ayes: Nays: Members absent: Motion carried. To table the motion for Tank Security and Painting for the Sherman Tank until further information is obtained. Best. Fullerton. Haviland. Resley. Higday. Otis. Lay. Gulley None Vobejda 7) SEWER MASTER PLAN UPDATE -BLACK & VEATCH Stewart Fonda discussed Black & Veatch's proposal to update the City's Sewer Master Plan. The work would involve sewer planning efforts for the Redevelopment Area. Black & Veatch submitted one quote with their office doing the actual ink on mylar work and one quote with the City doing this phase of the project. The Board recommended ~r. Fonda use the proposal that would be the most feasible taking staff availability into consideration. Mr. Higday recommended; Mayor Otis seconded: Ayes: Nays: Members absent: Motion carried. To recommend to the City Manager approval of the Sewer Master Plan Update. Mr. Fonda will use the proposal that would be most feasible taking staff. availability into consideration. Best. Fullerton. Haviland. Resley. Higday. Otis. Lay. Gulley None Vobejda Page 3 of c1 • I • • - • • • • 8) LICENSE AGREEMENT FOR SANITARY SEWER CROSSING OF CITY DITCH - SOUTHPARK FILING 15 . A report from Mclaughlin Water Engineers. commenting on the above License Agreement. did not arrive in time for the meeting. The Board recommended the motion be tabled until the report is received. Mr . Fullerton moved~ Ms. Haviland seconded: Ayes: Nays: Members absent: Motion carried. To table the motion on the License Agreement for Sanitary Sewer Crossing of the City Ditch. Southpark Filing 15. Best. Fullerton. Haviland. Resley. Higday. Otis. Lay. Gulley None Vobejda The meeting adjourned at 5:40 p .m. The next Englewood Water and Sewer Board meeting will be held August 14. 1984 at 5:00p.m. in the Library Conference Room. Respectfully submitted. ~~ Cathy Burrage Recording Secretary Page 4 of 4 • I . • I. • • - CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION August 7, 1984 CALL TO ORDER. 5 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, McBrayer, Stoel, Tanguma, Venard, Barbre, Allen Peter Vargas, Acting Director of Community Development Members absent: Magnuson Also present: Dorothy A. Romans, Assistant Director of Community Development Jack Olsen, City Attorney Susan T. King, Senior Planner II. APPROVAL OF MINUTES. Chairman McBrayer stated that the Minutes of July 17, 1984, were to be considered for approval. Carson moved: Barbre seconded: The Minutes of July 17, 1984, be approved as written. AYES: NAYS: ABSENT: Barb're, Tanguma, Carson, Stoel, Becker, Venard, Allen, McBrayer None Magnuson The motion carried. III. VACATION OF RIGHT-OF-WAY Case #30-84 3300 block of South Acoma between West Floyd Avenue and West Girard Avenue (Englewood Parkway). Chairman McBrayer stated that the Planning and Zoning Commission was to consider the matter and either approve the vacation or approve with conditions and send to Council with a recommendation, or to disapprove the vacation request and return it to the applicant for additional information. He asked if the Commissioners had any questions concerning the Staff Report. Mr. Stoel asked what the Traffic Engineer meant in saying an alternative two-way facility, such as Bannock Street, must be available. Mrs. Romans said that she believed that the Traffic Engineer is anticipating that Bannock would be two-way in the 3300 block, and the street will not be vacated until the traffic circulation is addressed. Chairman McBrayer asked if the Staff had anything further to add to the Staff Report. Mrs. Romans said that she had nothing to add. Mr. Dick Whiting, Brady Corporation, 1391 North Speer Boulevard, Denver, CO, said that the Staff Report summarizes the position of Brady Corporation. He said that they have no intention of pursuing any physical blocking of the street until all of the businesses in the 3300 block have moved. He said they would like to be notified of the changeover for Bannock well in advance of the change, as it does affect the access to King Soopers. He said that the present Acoma Street will be part of the parking deck and will be a aervice road, so the required easement will be no problem • I • - \ ' • • • • - -3- Mr. Vargas said that City Council had met the previous evening and had approved on second reading three items forwarded to them by the Commission, the 1-1 zoning, the Fence Ordinance, and the B-1 height limitation change. They also approved on first reading and scheduled for Public Hearing on August 27, the rezoning for the Arapahoe County Fairgrounds property . Mr. McBrayer asked if the R-3 section was retained, and Mr. Vargas said that it was. Brock Homes a n d the Fair Association will make a presentat ion at the He a r ing on August 27. VII. COMMISSIO N'S CHOICE . In reference to a memorandum addressed to the members of the Planning Commission from Mayor Otis , Mr . Allen expressed the Trash Committee's disappoint- ment that Council's response to the Commission's interest in trash Collection has been that other things have priority. He said that the trash situation is very important. Mr. Vargas said that the Council does realize that it is an important issue, but the Council at this time is committed to the Downtown Redevelopment as the number one priority. The Council is reluctant to become involved in a major project that may have some cost implications for the City, until the Downtown Red e velopment program is well on the way, and they know what resources will have to be committed to the Redevelopment. Once those projects are well defined, the Council ma y very well turn its attention to this issue, because they realize that this is important. Mr. Allen said that when the Redevelopment is done, ten years will have gone by. ·Mr. Vargas said that, while the project is scheduled to be a ten-year project, the City's involvement will be intense for the next two or three years, but when that is completed, the Council may turn its attention to the trash problem. He said that it would be a year to eighteen months before Council could consider other issues. Mrs. Becker said that, while the whole Commission realizes that the Downtown Development is very important, 90% of Englewood is not included in that development, and the rest of Englewood should be considered, too. She said that the Committee has not presented a recommendation or report on the matter to the City Council, and she said she would still like to present the report in order to make the Council aware of the Committee's findings. Mr. Allen said that the study of trash collection and disposal should have started five or six years ago, and that it is a ten-year pro~ram once it is begun. He said that the Planning Commission has made some findings regard i ng this matter and the members want the record to reflect that the Commission is concerned about the serious implications of inadequate planning for trash disposal. Both Mr. Tanguma and Mr. McBrayer agreed that the presentation should be made to City Council. Mr. McBrayer stated that the City Council looks at the Planning Commission as a support group for Council. In the past few years, the Commission has begun to be an "originating group" instead of just a "reactionary group"; and the Commission should proceed with its ideas, using whatever Staff time and support that can be given. The goals next year may be similar to the goals next year. Mr. Tanguma said that, in his opinion, the Commission goes beyond support; they serve in an ~dvisory capacity for Council, and serve as eyes and e ars in the different sections of the City • • I • • • • • .. -2- There were no further questions. There was no public present. Carson moved: Stoel seconded: The vacation of South Acoma Street in the 3300 block between Floyd Avenue and West Girard Avenue (Englewood Parkway) be approved with the following conditions: AYES: NAYS: ABSE NT: 1. Access provisions of the Uniform Fire Code, Article 10, for on-site development must be met. 2. The vacation should not be finalized until: a. The contractor is ready and needs to start construction over South Acoma Street. b. Either the businesses along the east side of Acoma are vacated or alternative loading is available to them. c. An alternative two-way facility, such as Bannock Street is available. Tanguma, Carson, Stoel, Becker, Venard, Allen, Barbre, McBrayer. None. Magnuson The motion was carried. IV. SLIDE SHOW. Mrs. Romans introduced a slide show entitled "SOLAR ENERGY, Ready When You Are." It suggested the sun as an alternate energy source and discussed active and passive solar methods. v. PUBLIC FORUM. There was no public present. VI. DIRECTOR'S CHOICE. Mrs. Romans said that on August 21 there will be a Public Hearing on a Conditional Use at 50 West Belleview Avenue. The business is the Grease Monkey. There will be a meeting with Sheridan's Planning Commission on August 29 at 5:30 p.m. at the Duffers. Dinner will be at 6:00. Susan Powers will talk about the Downtown Development Plan and Jimmy Curnes will explain Sheridan's plan for development in the South Platte River corridor. There will also be some time to have an open discussion. On September 5 there will be a Public Hearing on an amendment to the Broadwa y Planned Development. C.D.M. has submitted an amended plan for the east portion of the site which they have discussed with the adjacent residents in Greenwood Village. On the 18th of September there will be a rezoning of property east of Decatur and south of Union, the land to the south of the Koza project. Three sections of the Comprehensive Zoning Ordinance, the Administrative section, General section and Definitions should be in a form to be revi~wed by the Com-mission in September. • I • • • • - -3- Mr. Vargas said that City Council had met the previous evening and '' had approved on second reading three items forwarded to them by the Commission, the 1-1 zoning, the Fence Ordinance, and the B-1 height limitation change. They also approved on first reading and scheduled for Public Hearing on August 27, the rezoning for the Arapahoe County Fairgrounds property. Mr. McBrayer asked if the R-3 section was retained, and Mr. Vargas said that it was. Brock Homes and the Fair Association will make a presentation at the Hearing on August 27. VII. COMMISSION'S CHOICE. In reference to a memorandum addressed to the members of the Planning Commission from Mayor Otis, Mr. Allen expressed the Trash Committee's disappoint- ment that Council's response to the Commission's interest in trash collection has been that other things have priority. He said that the trash situation is very important. Mr. Vargas said that the Council does realize that it is an important issue, but the Council at this time is committed to the Downtown Redevelopment as the number one priority. The Council is reluctant to become involved in a major project that may have some cost implications for the City, until the Downtown Redevelopment program is well on the way, and they know what resources will have to be committed to the Redevelopment. Once those projects are well defined, the Council may very well turn its attention to this issue, because they realize that this is important. Mr. Allen said that when the Redevelopment is done, ten years will have gone by. ·Mr. Vargas said that, while the project is scheduled to be a ten-year project, the City's involvement will be intense for the next two or three years, but when that is completed, the Council may turn its attention to the trash problem. He said that it would be a year to eighteen months before Council could consider other issues. Mrs. Becker said that, while the whole Commission realizes that the Downtown Development is very important, 90% of Englewood is not included in that development, and the rest of Englewood should be considered, too. She said that the Committee has not presented a recommendation or report on the matter to the City Council, and she said she would still like to present the report in order to make the Council aware of the Committee's findings. Mr. Allen said that the study of trash collection and disposal should have started five or six years ago, and that it is a ten-year pro~ram once it is begun. He said that the Planning Commission has made some f indings regarding this matter and the members want the record to reflect that the Commission is c oncerned about the serious implications of inadequate planning for trash disposal. Both Mr. Tanguma and Mr. McBrayer agreed that the presentation should be made to City Council. Mr. McBrayer stated that the City Council looks at the Planning Commission as a support group for Council. In the past few years, the Commission has begun to be an "originating group" instead of just a "reactionary group"; and the Commission should proceed with its ideas, using whatever Staff time and support that can be given. The goals next year may be similar to the goals next year. Hr. Tanguma said that, in his opinion, the Commission goes beyond support; they serve in an adviso ry capacity for Council, and serve as eyes and ears in the different sec tions of the City. • I • • • • .. -4- Mr. Stoel said that the Commission Members are each citizens of Englewood ,who are concerned about the community, and if something isn't done now about the trash, something drastic will have to be done in the future, and this will be more costly to the citizens of Englewood. He said the Commission is not asking for something to be done tomorrow, but that investigation should begin right away. Then there will be time to solve the problems while they are manageable. Mr. Allen asked who originated the idea of submitting goals each year to the City Council. Mrs. Becker said that the Commission had originated it. Mr. McBrayer asked Mr. Vargas what he thought was the reason the letter was sent from the Mayor to the Commission Members. Mr. Vargas said he thought it was a combination of things. He said it did have something to do with the meeting with Council where the Commission's goals were outlined, and the Council for the first time understood the depth of what the Commission was hoping to do, and what that would mean as far as committing resources, both the Commission's and the staff's. The staff, in addition, is put in an awkward situation because they will attempt to do what the Commission requests of them, and at the same time to do what has been explained to them as the first priority, which is the Downtown project. It has only been recently that the Council has authorized additional support to continue with both the planning and actual implementation of some of those plans for the Downtown. He said he thought it was a combination of those things, rather than any one item. It was an evolutionary awareness of what the situation was. Mr. Allen said the bond issues would have to be paid back, and asked if the bonds would have to be retired before other projects could be considered. Mr. Vargas said that the bonds are tax increment bonds, which means that the development would pay the bonds off. Mr. Allen discussed the responsibility of the City if the Urban Renewal Authority cannot pay off the bonds. The term of the bonds for the various projects was discussed. Mr. Olsen said that the indebtedness does affect the ability of the City to issue future bond issues because a bond rating authority would look at the situation and state that the City is overextended, and would not approve new bond issues. Mr. McBrayer repeated that the Commission should continue its report to Council and continue working for the stated goals. Mrs. Becker reported that the cars are still being parked in front of Klodes on West Union Avenue and also Forington's on West Evans Avenue. Mrs. Romans said that she would report the matter to the Code Enforcement Officers. Mr. McBrayer said that the City of Englewood is digging along Oxford Avenue between Santa Fe and Federal, and they have uncovered a dump, or something that smells. It has been open for a week. Mrs. Romans said that she would check on it. Mr. Carson asked that the ordinance be enforced to assure that the vacuum cleaners could not be displayed on the sidewalk on the southwest corner of u.s. 285 and South Delaware Street. Mrs. Romans said that the B-2 Ordinance doest not permit the outdoor display of household appliances, and aaid ahe would speak to Code Enforcement • • I • • - - • • • • • -5- each day. Hr. Olsen said that the business could be cited, and cited separately Hr. Vargas said that Hr. Olsen will be reviewing the enforcement section of the Sign Code, which may also apply to this case. Mr. Olsen said that his feeling on confiscation of offending signs was that the owner could take the City to Court, which, he said, would be expensive for the sign owner. Mrs. Becker said that the annual picnic would be at her home on August 19. The Commission decided that each person attending would pay a fee, rather than bring a dish. The picnic will begin at 4:00 p.m. The meeting adjourned at 8:15 p.m. • I • • • • • • MINUTES ENGLEWOOD PUBLIC LIBRARY ADVISORY BOARD August 14, 1984 S D ~ Vice-Chairperson Lois Sterling called the regular meeting of the Library Advisory Board to order at 7:35 p.m. PRESENT: Lois Sterling, Bruce Hogue, Al Quaintance, Gerald Sampson, Dorothy Wheelehan REGRETS: Jerry Valdes, Debbie Dix, John Peterson, Kay Van Valkenburg ALSO PRESENT: Mrs. Barbara Hogue Sharon Winkle, Director of Libraries Mr. Dick Hinson, Assistant Director of Urban Renewal Authority Donna Gottberg, Recording Secretary Ms. Winkle introduced Dick Hinson, Assistant Director of Urban Renewal Authority. Mr. Hinson gave background and highlights of the Downtown Renewal Project bringing the Board up-to-date on current building projects. The Board thanked Mr. Hinson for his presentation. There were no committee reports. There was a brief discussion on the Library Advisory Board meeting ordinance which • takes effect September 8, 1984. Ms. Sterling turned the meeting over to Ms. Winkle for the Director's Report. M . Winkle noted that more surface-level parking space is being planned in the Downtown Renewal Project. The Pouw Corp. is now the architect for the developer. M . Winkle noted that Board members will have time for personal discussion regarding th draft Library Building Program with Mr . Smith, the Library Building Consultant, on Thursday, August 16, between 4-5:00 p.m. Ms. Winkle brought forth the 1985 Arapahoe Regional Library District (ARLO) Agree- m nt for Library Services for discussion noting there were no major changes. This agreement has been in effect for 8-9 years and the reimbursement rate remains the same . The addendum notes that in 1985 the amount of $2,500 will be deducted from the reimbursement to the City and placed into the APAL account for joint purchases. 4 -19 MOTION : To forward the ARLO contract for 1985 to City Council for approval . Moved by : Gera ld Sampson Seconded by: Al Quaintance There was a brief discussion. Motion carried. Ms. Winkle gave a brief update on the Metropolitan Library District noting that Arapahoe County has agreed to put the MLD on the ballot. She will present in- formation to the Board as it becomes available. Director's Choice continued ..... • I • • • • • -2- Mailings have gone out regarding the Colorado Library Association (CLA) conference . This will be discussed at the September meeting . Those desiring to attend will still have t i me to make reservations. Ms. Winkle announced that Ms. Van Valkenburg gave birth to a 7 lb. baby girl 3 weeks ago. Her name is Sarah Elizabeth. Ms. Van Valkenburg plans to be back at the Board meetings next month . Ms . Winkle discussed the traffic flow planned during the construction period. It was noted that there will be more difficulty driving into the Library area, as there will only be one entrance and exit to the North parking facility . It was discussed that the Library will have the book drop open 24 hours a day, and also the possibility of a drive up book drop. As of last week it was the decision of the Library personnel that we would not participate in the Book Sale this year. Mr. Bob Currie, former Board member, called to ask us to participate saying that he would provide volunteers to box our books, transport them, and man the selling booth. At this point the Board agreed we could participate. The Board will draft a letter of thanks to Mr. Currie for his help. Members' Choice Mr. Hogue asked about the new Reference Desk. Ms. Winkle replied that it was a desk from the Duncan Center which had been refinished and reassembled to accom-modate our combined reference desk personnel . No correspondence. No unfinished business. There was brief disucssion on the July Statistical Report. 84-20 MOTION: That the Minutes from the July 10, 1984 Meeting be approved as written . Moved by: AI Quaintance Seconded by: Gerald Sampson Motion carried. Meeting adjourned at 8 :55 p.m. 8 -15 -84 dg • I • • - • • • • • • -=::GERALDINE L. ALLAN '~TIORNEY AT LAW The Hon. Eugene Otis, Mayor, City of Englewood, 3400 South Elati Street Englewood, Colorado 80110 Dear Mayor Otis: . . 'I."/' 'i..l''\. 'f. t.NGL c;/OCD August 29, 1984 Hand-Delivered Due to my pending appointment as Referee in the Arapahoe County District Court, I must resign, effective immediately, from my office of Associate Judge in the Englewood r~unicipal Court. It has been a genuine privilege and pleasure to have served the City, and I want you and the other members of the City Council to know how much I appreciate your having given me the opportunity to serve. I also want you to know how much affection and admiration I have for your Court personnel, including Judge Parkinson, Prosecutor Grimm, Carolyne Boettger, Barb Penney, and Allison, Joyce, Nan, Patrice, and Tammy. Their consistent kindness, courtesy, cooperation, and efficiency made the times I spent in the Court the most pleasant of my professional life. I feel that the City is fortunate to have people of their quality working in its Court, and I know that their efforts have made the Court one of the most respected in the State. I will miss them. CC: Court Personnel NEW ADDRESS: Post Office Box 8007 Englewood, CO 80110 NEW TELEPHONE NUMBER: 761-4460 Sincerely yours, d_,, ;~ lc&~-·~EL. ALLAN 1869 West Littleton Boulevard • Littleton, COIOI'ado 80120 • (303) ~ 6 A I • • - • • • • ARAPAHOE COUNTY COLORADO 6 & ~ ·--_______ .;,·· --- August 29, 1984 Mr. Peter Vargas 5334 South Prince Street • Littleton , Colorado 80166 Home Energy Anltlence T .. m-Project H.E.A.T. Carol S Mannon Energy Coordrnator Director of Community Development 3400 S. Elati St. Englewood CO 80110 Dear Mr. Vargas: We respectfully request City Council to waive the contractor license fees and additionally the permit fees associated with solar installations in the City of Englewood. At present we (303) 795-4995 have planned the installation of three "certified" daytime heat- ing panels for low-income citizens in your community. Project H.E.A.T. is a grant funded project. The requirement to pay build- ing permit fees, contractor licensing fee and the like, does signi- ficantly reduce the funds available to purchase and install these units. Naturally, permits would be drawn for the proposed installat ions and all work subject to requ ired code and field inspection by your city. We greatly appreciate your support of Project H.E.A.T. and its ob- jectives to assist low-lncome and elderly citizens throughout Arapahoe County. Sincerely, Carol s. Mannon Energy Coordinator I • • .. -. • • • • (ob MEMORANDUM TO: FROM: DATE: Mayor and Members of City Council Peter H. Vargas, Acting Director f?~ Community Development August 30, 1984 SUBJECT: WAIVER OF FEES FOR PROJECT H.E.A.T. On August 19, 1983, the Mayor received a letter from Commissioner Tom Eggert requesting that the City Council of Englewood waive certain restrictions for the installation of solar units in Englewood (letter attached). In discussing this issue with the Code Administrator, it was his feeling that the solar units should not be installed unless they received certification from one of three national heating agencies. An additional concern was that the units be installed by a licensed electrician in order to make a hard wire electrical hook-up to provide power to the electric motor on the units. Ms. Mannon has indicated to us that they have fulfilled those requirements and that the units and installation will meet our electrical and building codes. The issue of permit fees and contractors license fees is separate. The City has never waived fees for individuals, corporations, or other governments. In fact, we charge ourselves (The City of Englewood) these fees. It is certainly up to the City Council to determine whether or not to grant this request for a waiver. I would only raise the concern that this might appear to set a precedent for future request s from other individuals. PHV/pc • I . - • tJ • Ann Dittemore D•'l'•tl No 1 • • • ARAPAHOE COUNTY COLORADO 53:.' outh Prince Street • Littleton , Colora i0166 BOARD OF COUNTY COMMISSIONEFt::. Thomas A Eggert D tli!IC:I N o ~ Bob Brooks 011111Cl N o 3 August 17, 1983 (303) 795-4630 u r: ( , . '1 I f ;-: (' ---· L ~ U v t.. • _ Otis / ;_ . l 1) l:i:· .. ; The Honorable Eugene City of Englewood 3400 S. Elati Street Englewood, CO 80110 Cll Y /~1,~WI(iEI/'!i OH /[;-. . fNc tmo oo tf:) ,>' ,.'. Project H.E.A.T. Solar · ~ ;.;-.;./' Collector I,VI ~ ,.. .. · . 1 '· Re: /)f •"' • 1:' v' ;' ,( . Dear Mayor Otis : Our energy coordinator, Carol Mannon, has received a letter from Mr. John A. Hatfield, Chief Building Official for the City of Sheridan. Building officials from Englewood, Littleton and Sheridan met to evaluate the information provided by our energy coordinator. }i /' (J I I ,I ~ (.,.. ~· ''-'' --~ ./ .... ./ ·> Briefly, they have established a number of require- ments for these units before they can be utilized by the low-income qualified citizens. As of this date, and to the best of my knowledge, Arapahoe County and Aurora have accepted the units for installation without restrictions . Aurora has asked our installer to take their HVAC test, obtain a permit for control, and have all fees waived. Enclosed is a copy of Mr. Hatfield's letter. Simply put, the unit is a ground mounted rectangular box with a fractional horse power electric motor driven fan contained therein to circulate the warm air into the home from the rectangular collector box. The motor is wired to plug into any 110 volt household electric circuit very similar to an electric fan or an air-conditioner or swamp cooler. To the best of my knowledge, neither of these last three units requires all the qualifications as determined by your building officiala. The unite are ICBO accepted. We would respectfully ask City Council to waive the requireme nts so that the income qualified citizens of your cities might receive these heating benefits during the coming winter months. TRE/jkl enclosure Very truly yo~s _. ------·-----~ -----------------------( c..v ..__ Thomas R. Eggert, Chairman Arapahoe County Commissioners • I • - • • ORDIIWCE 00.~1 SERIES <F 1984 • • • BY AlmtORITY CXXJtCIL BILL 00. 24 IN'l'R()()OCID BY <XX.nCIL M!MBER HI~Y AN OROIIWCE AMDI>IN:; 'lliE MllUCIPAL CXDE <F '111E CITY <F DG:.Bo~OOO, COLORAOO, BY AlDIN> A ~ SEX:TION CCIIS'rl'lUI'IN> A PORTION <F '111E ~IVE ~IN> ORDINA!CE FOR 'lliE CITY <F DG.Bo~OOO, COLORAOO, FOR 'lliE PURR>SE <F PRCJoK7l'IN:; 'l1IE HEALTH, SAFETY, I'OALS NV GENERAL WR.FARE <F 'lliE CXHtUUTY; 'lU REQJLATE, PERMIT, ClASSIFY NV RESTRICl' 'lliE APPEARAN:E, SIZE, OIARACTER, NV HEIGtrr <F FEtCES; WHICH CIIDIIWCE IS AOOPI'ID PURSU.\Nr TO 'lliE c:niSTI'lUI'ION <F 'lliE STATE <F COLORAOO NV THROOGH 'lliE EXEICISE <F ~ GWfl'ID AN> JICa,JIRID IN 'lliE IDlE RULE OIARTER AOOPriD IN 1958 BY 'lliE CITY <F DG.Boi<XD, RO::XQUZIN:; THAT ~IN> IS ULT~TtLY A r.cx::AL NV MliUCIPAL ~TTER, 'lliE lm'ml' <F THIS PORTH~ <F 'lliE CXJol~IVE ~IN> OROIIWCE BEIN> TO SUPERSIDE WITHIN 'nfE TERRITORIAL LIMITS All> C'nfER JURISDICl'ION CF 'nfE CITY <F f2GJ!WCXD 'lliE GENERAL LAW <F 'lliE STATE <F COLORAOO IN CXH'LICl' HERDiiTH, All> PRE&:RIBIN> PEN.\LTIES AS SET FORTH IN 'nfE I'I.NICIPAL CXDE <F 'lliE CITY <F DG.Boi<XD WHICH SHALL APPLY TO VIOLATIONS <F 'nfE PROVISIONS <F THIS OROIIWCE. NJW, 'lliEREFORE, BE IT <RP.INID BY 'lliE CITY <XX.nCIL <F 'lliE CITY <F Da.BolOOO, COLORAOO, AS FOLLOWS: Section 1. 'nlere is hereby added to the Fhg1ewood l't.ln i cipa1 Code of 196 3 , Title XVI, as ii1IEnded, the fo llowing secti on, lohich shall read: • 7JJ 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 (DECORATIVE) •••••••••••••••••••••• CLASS 1 2. ORNAMENTAL IRON ••••••••••••••••••••••••••••••••• CLASS 2 3. WOVEN WIRE •••••••••••••••••••••••••••••••••••••• CLASS 3 4. WOOD PICKET (MORE THAN FIFTY PERCENT [50%] 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 FR~ FINISHED GRADE. c. FENCES IN RESIDENTIAL DISTRICTS SHALL CONFORM TO THE FOLLOWING REQUIREHEP.TS: 1. FENCES ERECTED IN FRONT OF THE BUILDING LINE SHALL BE OF ANY CLASS • AND SHALL NOT EXCEED A HEIGHT OF THREE 2. ,. 3. (3) FEET SIX (6) INCHES. SIDE YAJtD FENCES BACK OF THE FRONT BUILDING LINE MAY IE OF ANY CLASS JUT SHALL NOT EXCEED A HEIGHT OF SIX (6) FEET TO THE BACK -1'ROPERTY LINE. REAR YAJtD 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 11iE SIDE YARD OF AN ADJOINING PROPERTY, THE HEIGHT OF A FENCE CONSTRUCTED IN FRONT OF THE FRONT BUILDING LINE OF THE HOUSE ON THE ADJOINING PROPERTY SHALL NOT EXCEED 42 INCHES, AND SHALL BE AT LEAST 50% OPEN. 4. FOR BUILDINGS LOCATED ON CORNER LOTS, SIDE YARD FENCES IN THE YARD ABUTTING A PUBLIC RIGHT-OF-WAY CAN BE OF CLASS 2, 3, OR 4 IN 11iE AREA TWENTY-FIVE (25) FEET BE- HIND THE FRONT PROPERTY LINE AND SHALL NOT EXCEED A HEIGHT OF FORTY-TWo (42) inches. S. NO FENCE, RETAINING WALL OR SIMILAR OBSTRUCTION SHALL BE ERECTED OR MAINTAINED WHICH OBSTRUCTS THE VIEW OF PEDESTRIANS ON THE SIDEWALK, OR OBSTRUCTS THE TRAFFIC VISION AT I~~ERSECTIONS. FOR THE PURPOSE OF DETERMINING COHPL~CE 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. NO BARBED WIRE OR OTHER DANGEROUSLY SHARP FENCE AND NO ELECTRICALLY CHARGED FENCE SHALL BE ERECTED OR MAINTAINED. 7. IN CASE OF A FENCE ERECTED ON TOP OF A RETAINING WALL, 11iE 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 ON 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 THE YARD. 3 • I • • • • • • 9. FENCES SHALL BE KEPT IN GOOD REPAIR. ANY DANGEROUS FENCE SHALL BE llEHOVED 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 .ADJUS'l'KENT 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 DEPAR'IMENT OF COMMUNITY DEVEL- OPMENT, THE DIRECTOR MAY VARY THE llEQUIIlEKENTS OF THIS SECTION TO ACCOMMODATE SAID AGilEEHENT. d. FENCES IN BUSINESS DISTRICTS SHALL CONFORM TO THE FOLLOWING llEQUIIlEHENTS: 1. FENCES SHALL BE OF CLASS 1, 2, 3, 4, OR 5, BUT SHALL NOT EXCEED THE HEIGHT OF SIX (6) FEET. 2. 3. 4. BAJlBED WillE OR SIMILAR MATERIALS MAY BE ADDED TO THE TOP OF A FENCE WHICH IS NOT LESS THAN SIX (6) FEET ABOVE GRADE. FOil REGULATIONS llEGARDING REQUIRED SCREENING FENCES, SEE SECTION 16.5. NO FENCE, RETAINING WALL Oil SIMILAR OBSTRUCTION SHALL BE DECTED OR MAINTAINED WHICH OBSTRUCTS TllAJ'FIC VISION AT STREET INTEJlSECTIONS AS DETERMINED BY THE TRAFFIC ENGINEER. FOil THE PURPOSE OF DETERMINING COMPLIANCE TO THIS SECTION, TABLE 16.9-A SHALL BE USED TO DETERMINE INTERSECTION CROSS-CORNEll VISIBILITY. 5. FENCES SHALL BE UPT IN GOOD UPAIR. ANY DANG!JlOUS FENCE SHALL BE UHOVED OR REPAIRED WHEN SO ORDERED BY 'l'BE DIRECTOR OF COHHUNITY DEVELOPMENT OR HIS/HEll DESIGNEE . 4 • I • • -• • • e. FENCES IN INDUSTRIAL DISTRICTS SHALL CONFORM TO THE FOLLOWING REQUIREMENTS: I. FENCES ERECTED IN FRONT OF THE BUILDING LINE SHALL IE OF CLASS 1, 2, 3, 4, OR 5, AND SHALL NOT EXCEED A HEIGHT OF SIX (6) FEET. 2. SIDE AND REAl!. YARD FENCE SHALL NOT EXCEED A HEIGHT OF TWELVE (12) FEET ~~ HAY IE OF CLASS 1, 2, 3, 4, OR 5 CONSTRUCTION. 3. IAJUIED WIRE OR SIMILAR MATERIALS HAY IE 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 IE 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 IE USED TO DETERMINE INTERSECTION CROSS-CORNER VISIBILITY; SUCH DETERMINATION SHALL IE HADE IY THE TRAFFIC ENGINEER. 6-,: FENCES SHALL IE ICEPT IN GOOD llEPAII. ANY DANGEROUS FENCE SHALL IE REMOVED OR REPAIRED WHEN SO ORDERED IY THE DIRECTQR OF COHHUNITY DEVELOPMENT OR HIS/HER DESIGNEE. 7. THE HEIGHT OF MATERIALS OR EQUIPMENT BEING STORED SHALL NOT EXCEED THE HEIGHT OF THE REQUIRED SCREENING FENCE Oil WALL. f. BUILDING PERMIT REQUIRED. IT SHALL IE UNLAWFUL TO eotMENCE THE CONSTRUCTION OF ANY FENCE OR RETAINING WALL UNLESS OR UNTIL A P!IHIT BAS IEEN ISSUED THEREFOR. 1. APPLICATION FOR PERMIT. APPLICATION fOR A PDHIT TO IMSTALL s • • I • l l • 3. • • • A FENCE OR RETAINING WALL SHALL IE HADE TO l1fE DEPARTMENT OF COHHUNITY DEVELOPMENT ON FORMS PROVIDED l1fEREFOR. 2. REQUIREMENTs FOR PERMITS. EACH APPLICATION POR A PEIHIT TO CONSTRUCT A PENCE OR RETAINING WALL SHALL IE IN WRITING AND SHALL IE 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 PENCE OR RETAINING WALL IS TO IE INSTALLED, THE LOCATION OF THE FENCE OR RETAINING WALL ON THE PROPERTY, THE CLASS OF PENCE, THE HEIGHT OF THE PENCE OR RETAINING WALL, THE MATERIALS TO IE USED, AND SUCH OTHER DATA AND INFORMATION AS MAY IE REQUIRED BY THE DEPARDfENT TO CLARIFY THE REQUEST. IN ADDITION, FENCES OVER SIX (6) FEET IN HEIGHT AND RETAINING WALLS SHALL COMPLY WITH THE ltEQUIR.EHENTs OF THE UNIFORM BUILDING CODE. ISSUANCE OF PERMIT. IF THE PROPOSED FENCE OR. RETAINING WALL AS SET PORTH IN THE APPLICATION IS IN CONFORMITY WITH 111E PROVISIONS OF 111E OID:UW.C! AND OTHER ORDINANCES OF 111E CITY OF DGL!WOOD, A PDMIT SIIALL IE ISSUED. 4. DISAPPIOVAL OF A PDMIT. Ir THE APPLICATION FOR 111E PEIMIT IS NOT APPROVED, 111E APPLICAJIT SHALL I! GIVEN A WRITTEN STAT!M!NT DETAILING THE l!ASONS POR. SUCH DISAPPROVAL. 6 I • • -• • TABLE 16.9-A INTERSECTION CROSS-CORNER VISIBILITY TYPE OF INTERSECTION CONTROL APPROACII X (ft) y (ft) xb Cft) SPEt:O 41 D Local Street with Local Street None 25 so so so Local Street with Local Street 2-way Stop 25 ss 15 55 l.OC:ll Street with Local Street 2-W:lY Stop 30 55 15 55 Local Street with Collector Street 2-way Stop 30 55 1S 55 Local Street with Collector Street 2-way Stop 35 ss lS ss Local Street with Arterial Street 2-way Stop 35 55 lS ss Local Street with Arteri:ll Street 2-w:ly Stop 40 55 u 55 Collector Street with Collector Street 2-way Stop 35 55 15 55 Collector Stree.t with ( Arterial Street 2-way Stop 35 55 15 55 Collector Street with Arterial Street 2-way Stop 40 55 ·u ss I ~.,~----------x.-----------.,~1 t-r'..___---x-.---.. ..~1 ------------- ------....... ..................... ---• I • • 7 • - ( • { • • • • Section 2. ordinance: The following legal provisions shall apply to this A. _§eparability Clause. If any part of this Ordinance is for any reason held to be mconstitutional, such decision shall not affect the validity of the ranaining portion of this Ordinance. The Cbl.alCil of the City of Ehglewood 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 more articles, sections, sentences, clauses and phrases be declared unconstitutional. B. Scope. 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. Nlere this Ordinances imposes a greater restriction ~.p>n land, buildings, or structures than imposed or rec:pired by such existing provisions of law or ordinance, the provisions of this Ordinance shall control. c. Violation and Penal tr. Any person, ficn, 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 l'uldred dollars ($300) for each offense. Each day that a violation exists shall constitute a separate offense. Any buildings erected, raised, or converted or land or pcanises used in violation of any provisions of this Ordinance, or any anencbent hereto, is hereby declared to be a CXIIIIIOn nuisance and such CXIIIIIOn nuisance may be abated in such manner as nuisances are now or may hereafter be abated. Introduced, read in full, amended and passed as amended on the 2nd day of July, 1984. Published as amended as a Bill for an Ordinance on the 4th day of July, 1984. Read, amended, and paSSed as amended on the 6th day of August, 1984. 1984. Published in full as iiiiEnded on the 15th day of August, 8 I • - \ • • • • • • Read, anended, and passed as anended oo the 20th day of August, 1984. PUblished in full as anended oo the 22nd day of August, 1984. Read by title and passed oo final reading oo the 4th day of September, 1984. PUblished by title as Ordinance lb. ___ , Series of 1984, on the 5th day of September, 1984. Attest: Eugene L. 0t1s, Mayor ex officio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of fhglewod, Colorado, hereby certify that the above and foregoing is a true, accurate and oanplete OOPf of the CXdinance passed on final reading and published by title as Ordinance lb. , Series of 1984. - Gary R. Higbee 9 • I • - ( ( ( • OROINAN:E 00. 3 7 SERIES CF 1984 • • • BY AVl'HORITY CllUtCIL BIU. 00. 24 IN'l'R()[)(X:ID BY CllUtC I L MH1BER HIGlii.Y AN ORDitWCE AM!H>It«; 'l1iE MllHCIPAL COOE CF 'l1iE CITY CF El«iLEWOOO, ClJLORAOO, BY AlDII«i A NEW S&:'I'ION <XH>TITUTII«i A PORTION CF '11iE aJU:IRDfENsiVE Z<IIII«i OROitWCE ~ 'l1iE CITY CF El«iLEWOOO, CXlLORAOO, PCR '111E PURRlSE CF l'R(K)TI~«; 'l1iE HFALTH, SAFETY, ~ AM> GENERAL WI!LFARE CF '11fE ~ITY; 'ro RtXlJIATE, PERMIT, ClASSIFY AM> RESTRICT '11fE APPEARAN:E, SIZE, OIARACTER, AM> HEIGHT CF EllCES; WHICH <R>INAN:E IS AOOPTED PURSUIUfr ro '11fE cn.sTITUTION CF '11fE S'l'ATE CF ClJLORAOO AM> THROUGH '11fE EXEICISE CF POWERS GWn'ED AM> AC(XJIRED IN THE II:ME RULE OIARTER AOOPTED IN 1958 BY '11fE CITY CF D«;LDi(XX), REX:::OONIZII«i THAT Z<IIII«i IS ULTIMATfi.Y A UlCAL AM> l'UfiCIPAL P9.TTER, THE INTENI' CF THIS PORTION CF 'l1iE CD1PREHENSIVE Z<IIII«i OROitWCE BElt«; 'ro SUPERSEDE WITHIN THE TERRITORIAL LIMITS AM> OTHER JURISDICTION CF 'l1iE CITY <F El«iLEWOOO THE GENERAL IAW <F THE S'l'ATE CF ClJLORAOO IN CONFLICT HEREWITH, AND PRES:RIBII«i PENALTIES AS SET PeRTH IN 'l1iE MllHCIPAL COOE CF '111E CITY CF D«;LDi(XX) WHICH SHALL APPLY ro VIOIATIONS CF 'l1iE PROVISIONS CF THIS ORDINAN:E. tOol, 'l'HEREPC.RE, BE IT ClUlo\INED BY 'l1iE CITY CXXltCIL <F 'l1iE CITY <F ~' ClJLORAOO, AS FOLI..aiS: Section 1. 'lbere is hereby added to the Ehg1ewood l'tlnicipa1 ())de of 1963, Title XVI, as anended, the following section, lobich shall read: • 71J , 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 (DECOilATIVE) •••••••••••••••••••••• CLASS 1 2. ORNAMENTAL IRON ••••••••••••••••••••••••••••••••• CLASS 2 3. WOVEN WIRE •••••••••••••••••••••••••••••••••••••• CLASS 3 4. WOOD PICKET (MORE THAN FIFTY PERCENT [50%) OPEN) ••••••••••••••••••••••••••••••••••••••••••• CLASS 4 5. SOLID FENCES (WOOD OR KETAL LESS THAN FIFTY PERCENT [50%) OPEN) ••••••••••••••••••••••••••••••••••••• CLASS 5 b. THE HEIGHT OF ALL FENCES SHALL BE MEASURED FRCJi FINISHED GRADE. c. FENCES IN RESIDENTIAL DISTRICTS SHALL CONFORM TO THE FOLLOWING REQUIR!lm!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 MOT EXCEED A HEIGHT OF SIX (6) FEET TO THE BACK 'PROPERTY LINE. 3 . REAR YARD FENCES MAY BE OF ANY CLASS, BUT SHALL MOT 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 111E SIDE YARD OF AN ADJOINING PROPERTY, THE HEIGHT OF A FENCE CONSTRUCTED IN FRONT OF THE FRONT BUILDING LINE OF THE HOUSE ON THE ADJOINING PROPERTY SHALL NOT EXCEED 42 INCHES, AND SHALL BE AT LEAST 50% OPEN. 4. FOR BUILDINGS LOCATED ON CORNER LOTS, SIDE YARD FENCES IN THE YARD ABUTTING A PUBLIC RIGHT-OF-WAY CAN BE OF CLASS 2, 3, OR 4 IN 111E AREA TWENTY-FIVE (25) FEET BE- HIND THE FRONT PROPERTY LINE AND SHALL NOT EXCEED A HEIGHT OF FORTY-TWO (42) inches. 5. NO FENCE, RETAINING WALL OR SIMILAR OBSTRUCTION SHALL BE ERECTED OR MAINTAINED WHICH OBSTRUCTS THE VIEW OF PEDESTRIANS ON THE SIDEWALK, OR OBSTRUCTS THE TRAFFIC VISION AT INTERSECTIONS. FOR THE PURPOSE OF DETERMINING 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. NO BARBED WIRE OR OTHER DANGEROUSLY SHARP FENCE AND NO ELECTRICALLY CHARGED FENCE SHALL BE ERECTED OR MAINTAINED. 7. IN CASE OF A FENCE ERECTED ON TOP OF A RETAINING 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 ON 111E LOW SIDE OF SUCH WALLS, THE HEIGHT OF THE FENCE HAY BE MEASURED FROM THE TOP OF I • THE WALL. 8. DOG RUNS SHALL BE LOCATED WI1111N THE REAR ONE-THIRD OF • THE YARD. 3 • • - ( • • - 9. FENCES SHALL BE KEPT IN GOOD REPAIR. ANY DANGEROUS FENCE SHALL BE REMOVED OR llEPAIIlED 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 WELPAU WILL BE SUBSTANTIALLY SERVED AND A NOTARIZED COPY or AN ACJ.E!HENT BETWEEN THE NEIGHBORING PROPERTY OWNERS IS FILED WITH THE DEPAilnmrt OF COMKUMITY DEVEL- OPMENT, THE DIRECTOR HAY VARY THE REQUIRDmNTS OF THIS SECTION TO ACCOMMODATE SAID AGREEMENT. d. FENCES IN BUSINESS DISTRICTS SHALL CONFORM TO THE FOLLOWING llEQUIREMENTS: 1. FENCES SHALL BE OF CLASS 1, 2, 3, 4, OR 5, BUT SHALL NOT EXCEED THE HEIGHT OF SIX (6) FEET. 2. BARBED WillE OR SIMILAR MATERIALS HAY BE ADDED TO THE TOP or A FENCE WHICH IS NOT LESS THAN SIX (6) FEET ABOVE GRADE. 3. FOR REGULATIONS REGARDING REQUIRED SCilEENING FENCES, SEE SECTION 16.5. 4. 110 FENCE, RETAINING WALL OR SIMILAR OBSTRUCTION SHALL BE DECTID OR MAINTAINED WHICH OBSTRUCTS TIAFFIC VISION AT STREET INTERSECTIONS AS DETERHitm> BY THE TRAFFIC ENGINEER. FOR THE PURPOSE OF DETERMINING COMPLIANCE TO THIS SECTION, TABLE 16.9-A 4t SHALL BE USED TO DETERMINE INTERSECTION CROSS-CORNER VISIBILITY. .. .. 5. FENCES SHALL BE UPT IN GOOD REPAIR. ANY DANCEJtOUS FENCE SHALL BE IEHOVED OR REPAIRED WHEN SO ORDEilED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT OR HIS/HER DESIGNEE • 4 • I . • 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 S, AND SHALL NOT EXCEED A HEIGHT OF SIX (6) FEET. 2. SIDE AND REAil YARD FENCE SHALL NOT EXCEED A HEIGHT OF TWELVE (12) FEET A.~ MAY BE OF CLASS 1, 2, 3, 4, OR S CONSTRUCTION. 3. BARBED WIRE OR SIKILAJt 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. S. 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 DETEIMINE INTERSECTION CROSS-CORNER VISIBILITY; SUCH DETEJtMINATION SHALL BE MADE BY THE TRAFFIC ENGINEER. 6. FENCES SHALL BE ltEPT IN GOOD UPAIR. AMY 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 OR WALL. f. BUILDING PERMIT REQUIIED. IT SHALL IE UNLAWFUL TO cc:IIMENC! TB! CONSTRUCTION OF AMY FENCE OR RETAINING WALL UNLESS OR UNTIL A PERMIT HAS BEEN ISSUED THEREFOR. 1. APPLICATION FOR PERMIT. APPLICATION FOR A P!Jt.MIT TO INSTALL 5 • I • • - • • , • • • A FENCE OR RETAINING WALL SHALL BE MADE TO THE DEPARTMENT OF COHHUNITY DEVELOPMENT ON POIIMS PROVIDED THEREFOR. 2. REQUIREMENTS FOR PlltKITS. EACH APPLICATION FOR A PEJtKIT TO CONSTRUCT A PENCE M UTAIJUMG WALL SHALL BE IN WRITING AND SHALL BE ACCOKPANIED IY TWO (2) COPIES OF A SITE PLAN DIWIN TO SCALE, GIVING .ADEQUATE INFORMATION AS TO THE STREET .ADDRESS OF THE PIOPD.TY ON WHICH THE PENCE OR RETAINING VALL IS TO II INSTALLED, THE LOCATION OF THE PENCE OR llETAININC WALL ON THE PROPERTY, THE CLASS OF PENCE, THE HEIGHT OF THE PENCE OR RETAINING WALL, THE MATERIALS TO IE USED, AND SUCH OTHER DATA AND INFORMATION AS KAY IE REQUIRED IY THE DEPARTMENT TO CLARIFY THE REQUEST. IN .ADDITION, FENCES OVER SIX (6) FEET IN HEIGHT AND RETAINING WALLS SHALL COMPLY WITH THE RBQUIIl!MENTS OF THE UNIPORH BUILDING CODE. 3. ISSUANCE OF PEltKlT. IF THE PllOPOSED PENCE M llETAIIUNC WALL AS SET PORTH 1M THE APPLICATION IS IN COMPOIHIT'f WITH THE noviSIOMS OF THE OIDIMAMCE AND OTHER OIDIIWtCU OF THE CITY OF ENGLEWOOD, A PDKIT SHALL IE ISSUED • ...... 4. DISAPPROVAL OF A PEIMIT. 1P THE APPLICATION POll THE PDMIT IS MOT APPtlOVED, THE APPLICAJCT SHALL IE GIVEN A WRITTEN STATEMENT DETAILING THE ll!ASONS POll SUCH DISAPPIOYAL • 6 • --~--~----------------------.. ----------------------------~~--------·~----------~~~~--J[] I • • • - • • TABLE 16 .9-A lN 'fERSE:CTIO N CROSS-CORNER VISIBILITY 1'YI'E OF INT ERSECTION CONTROL APPROACII X (ft) y (ft) XL» (ft) sru:o 0 A Local Street with Local Street None 25 50 50 50 Local Street with Local Street 2-vay Stop 25 55 15 55 l..oc:~J. Street with Local Street 2-w:~y Stop 30 55 15 55 Local Street with Collec tor S tree t 2-vay Stop 30 55 15 55 Local Street with Collector Street 2-way Stop 35 55 15 55 Local Stree t with Arterial Street 2-way Stop 35 55 15 55 Local Street with A r.ter i :~J. St ree t 2-W:IY Stop 40 55 .15 55 Collector Street with Collector St reet 2-vay Stop 35 55 lS 55 ~ Collector Stree.t wi th Arterial Stree t 2-v:~y Stop 35 55 15 55 Collector Stree t with Arterial Stree t 2-wa y Stop 40 55 '15 55 ...... I ~.,~----------x.----------~ ------------- ------------- • I • • , 7 • - , • • • • section 2. ordinance: The following legal provisions shall apply to this A. Separability Clause. If any part of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the ranaining portion of this Ordinance. The Council of the City of Englewood hereby declares that it would have phrased am set forth this Ordinance as is in each article, section, subsection, clause or phrase hereof, irrespective of the fact that any one or more articles, sections, sentences, clauses am phrases be declared unconstitutional. B. scope. 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. \ltlere this Ordinances imposes a greater restriction ~n 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. Any person, fiiiii, 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 l'uldred dollars ($300) for each offense. Each day that a violation exists shall constitute a separate offense. Any buildings erected, raised, or converted or land or p~:anises used in violation of any provisions of this Ordinance, or any amerdllent hereto, is hereby declared to be a CCI'I'IIIOrl nuisance and such CCI'I'IIIOrl nuisance may be abated in such manner as nuisances are now or may hereafter be abated. Introdu:ed, read in full, amended and passed as amended on the 2nd day of July, 1984. Published as amended as a Bill for an Ordinance on the 4th day of July, 1984. Read , anended , and passed as anended on the 6th day of August, 1984. Published in full as an8'lded on the 15th day of }lugust, 1984. 8 • I • • - • • • • • • Read , anended , and passed as anended on the 20th day of August, 1984. Published in full as amended on the 22nd day of J\ugust, 1984. Read by title and passed on final reading on the 4th day of September , 1984. Published by title as Ordinance No., ___ , Series of 1984, on the 5th day of September, 1984. Eugene L. 0t1s, Mayor Attest: ex officio C1ty CLerk~Treasurer 1, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of ~lewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the <kdinanc:e passed on final reading and published by title as Ordinance No. , Series of 1984. --- Gary R. Higbee 9 • I • • I • ORDINAOCE oo. 3K SERIES CF 1984 • • • BY AlJI'HORITY amciL BILL 00. 36 INTRODUCED BY amciL MEMBER BRAOOHAW FOR AN ORDINAOCE APPROVIt«> AN AGRE~ BE'1WD:N 'niE REGIONAL TRANSPORTATION DISTRICT AND 'niE CITY CF Ela.~OOD IULATIN:; 'ro A BUS PASSEH>ER SHELTER AT EVANS AND Ztliii. WHEREAS, the Regional Transportation District desires to construct a bus passenger shelter on EVans at zuni in the City of ~lewood; and WHEREAS, the Regional Transportation District has suanitted an agreanent entitled "am Passenger 9lelter Agreanent" to the City of &lglewood for such purpose; ~' 'mEREFORE, BE IT cm:..INED BY 'niE CITY CXJUK::IL CF 'niE CITY CF ~000, <XlLORAOO, as follcne: Section 1. 'lhat the City Co~n:il of the City of &lglewood hereby approves the agreanent entitled "am Passenger 9lelter Agreanent," 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 ~ich Agreanent is attached hereto and incorporated herein by reference. Section 2. The City Co~n:il hereby authorims the Mayor and the ex off1c1o City Clerk-Treasurer to sign and attest said Agreanent for and in behalf of the City of &lglewood. 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. Qead by title and passed on final reading on the 4th day of September, 1984. • I • • - • • • • • Published by title as Ordinance No. , Series of 1984, on the 5th day of September, 1984. --- QJgene L. 0t1s, Mayor Attest: ex officio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Rlglewood, 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 • • - • • • • • DUPLICATE OHIGJN:\L ~ I of ----- 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 Subjec~ 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 2S' in length as measured in the east-west direction, by 12'-S" in width as measured in the north-south direction, the northwest corner of said parcel being situated U6' east of the existing east extended curb line of ZWti and S'-S" 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 plrposes related thereto during the period beginning, ______________ _ and continuing Wttil this Agreement is terminated as hereinafter provided • -1- • I • • n - • • • • 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 ~der the control of licensor. SECTION 6 NOTICE Any notices given pursuant hereto by either party to the other party lhall be in writing and mailed by certified mail, return receipt requested, posta&e prepaid, addressed as follow s: -2- • I • • • 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 • - .. • • / • • • • 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 8y~~---=~~----------------Eugene Otis, Mayor LICENSEE REGIONAL TRANSPORTATION DISTRICT 8y __ ~~----------------------General Mana&er _,_ • I . - • • • • 0--I~ zlJlJI ----'\ I ~ ~ ~/.' . =i Ot if -1 ~ ~· -~~o"'---"• ~ ~I )J~~~~ _,. t:""' EJ i ~ellD D Si)(J'i.j~-~~Lt<.. L:·>::>::·.d wEJ.J 4' ~..-.~OJZtc... ~~el~~ •LI. MEASUREMENTS FROM FACE OF CURB* SITE DESCRIPTION : A rectangular-shaPed parcel of land being 25' in length as measured in the east-west di rect i on, by 12'-5' in width as measured i n the north-south direction, the northwest cornpr of said parcel being situated 156' eut of the existing east extended curb li ne of Zuni tnd 5'-5' south of the existing south cu rb line of Evans. I • • - ' • • , • ORDIIWCE 00. J~ SERIES CF 1984 • • • BY AUTHORITY COOOCIL BILL 00 . 36 Im'ROOUCID BY COOOCIL MEMBER BRAOOHAW FOR AN ORDINAtCE APPROVIN:; AN AGRE~ BE'1Wm.1 'DiE REGIONAL TRANSPORTATION DISTRicr AND 'DiE CITY CF DQ.E)iOOD RELATIN:; TO A Bt.E PASSEHiER SHa.TER AT EVANS AND Z~I. WHEREAS, the Regional Transportation District desires to construct a bus passenger shelter on EVans at ZUni in the City of ~lewood; and WHEREAS, the Regional Transportation District has subnitted an agrE!EIIIEilt entitled "BJs Passenger 9lelter 1\greanent" to the City of ~lewood for such purpose; ~. THEREFORE, BE IT ~!NED BY 'DiE CITY COOOCIL CF 'DiE CITY CF DQ.E)iOOD, OX.ORAOO, as follows: Section 1. 'lbat the City Comcil of the City of Englewood hereby approves the agrE!EIIIEilt entitled "BJs Passenger 9lel ter 1\grE!EIIIEilt," consisting of four (4) typewritten pages and attached diagrcsn marked Exhibit A, for the construction of a bus passenger shelter on the southeast corner of EVans at ZUni, a copy of lobich 1\greanent is attached hereto and incorporated herein by reference. Section 2. 'ftle City Comcil hereby authorizeS the Mayor and the ex off1c1o City Clerk-Treasurer to sign and attest said 1\grE!EIIIEilt for and in behalf of the City of Englewood. Introduced, read in full, and passed on f i rst reading on the 20th day of August, 1984. Published as a Bill for an Ord i nance on the 22nd day of August, 1984 . Read by title and passed on final reading on the 4th day o f September , 1984 • • I • • • • • • Published by title as Ordinance No. , Series of 1984, on the 5th day of Septanber, 1984. --- Attest: Eugene L. OtlS, Mayor ex officio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Ehglewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1984. --- Gary R. Hlgbee • I • • • • • • BUS PASSENGER SHELTER AGREEMENT DUPLICATE OHJGIN:\L I of_.'!> __ _ 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 I 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 2S' in length as measured in the east-west direction, by 12'-S" in width as measured in the north-south direction, the northwest corner of said parcel being situated IS6' east of the existing east extended curb line of Zuni and S'-S" 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 dur ing the period beginning, ______________ _ and continuing until this Agreement is terminated as hereinafter provided. -I- • I • • ' • • • • 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 lrlder the control of Licensor. SECTION 6 NOTICE Any notices g iven pursuant hereto by either party to the other party lhall be In wr iting and mailed by certified mail, return receipt requested, postase prepaid, addressed as follows: -2- • I • • ' , • To Licensor: To Licensee: • • • City of Englewood c/o Rick Kahm 3400 South Elati Street Englewood, CO 80110 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 • • t • • • • 4. Headings . The headings of the sections of this Agreement are insert ed 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 c;ity Attorney APPROVED AS TO LEGAL FORM FOR THE REGIONAL TRANSPORTATION DISTRICT Legal Cola'\lel LICENSOR CITY OF ENGLEWOOD By __ :---~~~~----------------Eugene Otis, Mayor LICENSEE REGIONAL TRANSPORTATION DISTRICT By Ge~---.~l~M~ana--g_e_r __________________ __ -·- • I . • • • • , ... ~~ .. "''• zUlJ! J ----:\.-____,~i -··-- ~$ =I Ot I · """" j/) ~-4 tp-~ _·..,..___.. -t__,.,o_• ..,...,...._,..,._ ~ 1 )J ~~r=r----.,..- r-- £} i I ~eWD D~i~·~~. [:::.:::::::.:·-} lJ!JJ4' ~,.J~. ~~el~~ •LI . MEASUREMENTS fROM FACE OF CURB* SITE OESCRIPTION : A r!ctangular-sha p!d parc!l of land being 25' in l!ngth as measur!d in th! !ISt-w!st d i r!ction, by 12'-5" tn width as nteiSur!d i n th! north-south direction, th! northW!st corn!r of said parc!l b!ing situat!d 156' ust Of the !xisttng !1St !xt!nd!d curb lin! of Zuni and 5'-5" south of th! !x1sting south curb 1 tne of Evans . • I • • • • ORDINANCE NO. J:j_ SERIES OF 1984 • • - BY AUTHORITY COUNCIL BILL NO. 37 INTRODUCED BY COUNCIL MEMBER JOHN NEAL 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 It~):-1K!Clingsr GMCGpt infszm~ .. Clings, ......,.,.-bfte. 8~Ulileil efte.l-1-4Ht-1peft-1&-41ohe-pWIU:a. ~ -•••••_.. Ita anai•••••~ ~1fte.}.l--N--......._._... •t.apaaa•-ef.--H.-1he....,..}.~ ~~ hare aeha~ iaa •aat•M~-;e..~__......, Gaua~l •i!dll:eza pzsaeut ~~ -.etiRtar !Tr-e.rt-r-to ordet. 1-b-r-ttoH·-eeH-. f-e-t---eonai:lezatitM-11-•in•Sea "" pwa u ia .. a ••e~iR.-. tdt-"""Rewgnitiou at-pze achedatett citizena-amt viaitoza. hr)-Rcco9nitiott-crf-non aehedalect citizens annt ¥i&iteza. f"f"~ euwaicattona. t-crr-etty-Pittotney'"r pteaautatiOttr-:!:ne~-retto~r~ tor Ut4iu&IIC6&;-OXdiii&IIC6&1 -amt-~ -tteza for-~ sidet&LiOtt -of--ttte-eowaetl. ttrt'-ctcy Ranayet·a pzeaentatton. tT)-Genazal Cliacuaatohat t-r ,..-May at 'a choice, t't'Tt-""Coanct !:" Meillbez ·a choite". ttt-Pic!joaznwut. ... fOI'8'JG'iA9~-GL b'''n•••....aA&lJ.~~~r prohibit ~ intt &daeliOI't-ef.-.eftr 9••-n•........._'-l-~:W.'-r-*i-1-1-~ ~~...._,.. ••••• .. ~_._.~~......,.. ·,np•h•e heed:bttJ-e+ h"aiheaa heraiiNiM,a-......, • • I • - \ • • • • • • -2- ALL MEETINGS, EXCEPT INFORMAL MEETINGS, OF THE CITY COUNCIL SKALL BE OPEN TO THE PUBLIC. THE CITY COUNCIL SKALL MEET REGULARLy AT LEAST TWXCB BACH MONTH AT A DATE TO BE FIXED FROM TIME TO TIME BY THE Rl1LBS AND PROCEDURES. THE CITY COUNCIL SHALL DBTBRMINB THE Rl1LBS OF ORDER AND PROCEDURE GO'IBRNING MEETINGS BY RESOLUTION. Introduced, read in full, passed on first reading on the 20th day of August, 1984. 1984. Published as a Bill for an Ordinance on the 22nd day of August, Read by title and passed on final reading on the 4th day of Septeaber, 1984. Published by title as Ordinance No. _____ , Series of 1984, the 5th day of Septeaber, 1984. Eugene L. Otis, Mayor Attest: ex officio City Clerk-Treasurer I, Gary R, Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and ca.plete copy of the Ordinance passed on final reading and published by title as Ordinance Mo . _, Series of 1984. Gary R. Higbee • I • • - • • , • ORDINANCE NO • .J.!j_ SERIES OF 1984 • • - BY AUTHORITY COUNCIL BILL NO. 37 INTRODUCED BY COUNCIL MEMBER JOHN NEAL 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 ENGLBWOOD, 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 lt~.J:-~etingar~ iflf&ta&~ .. eti•:~a, -&f.~ 8a•aeil-efte.},},._~1&1ft&~}.M--~ -•••••.....,. lie ana~~ ~~1,---.we-...~ •i:•p•aa• H--M--41h&-4&}.~~ ~~~ a~hafti:aa •••Ua•~-;....,._~....._~1, •eKezs p!eaeat~-ee+& w.eatiR!&» f"r~-etr:H:-~ oz der-. ~r-1o-H-ee-H-. t·e+·-~:snai:tezatie&-ef. •iRakea .,._ p•e u i••• ••••"" ... ht)-1tecuynttton-of pze achedalwct citizana"""''!ld tiaitozw. te+-RecugnitiOtt"'"'''f-non achedalett eitizena end •iaitoza. t"f"'t--Cowtlicatiuna. t-g-~-eitT Plltozney'"r praaentaliUtt;--im=-hlding t&lit7~r~ ~ ozdinancea, ozdinancea, and legal -tteza for-eon- sidetatiOJt of--t:tre-eow•ei:t:-. ttr)--City Jlraitaget•a pzesentatton. trr-Cenezal tttacuaatonwJ t-rt-flay oz 'a choi<*"J ttt) Comtctl ""fflelllbex · & chotc;e. t"tt" Rt!joazJmrJtt. 1IA6 f9U"JRi.A9~~ bn• 1 rue ....aA&U.~...aa..a~ ... p•ob 1 h! t t:tte-ial:raaael:"-~ 9••-••..,.....MH.r._W.ie&r~l,J....._ -~~....._....,._...~1 ·••••• •~~¥ • .,.9paht.a hee.tho<t~ ilaai:naea-fteroe.~ •••-••· • 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 BACH MONTH AT A DATE TO BE FIXED FROM TIME TO TIME BY THE ROLES AND PROCEDURES. THE CITY COUNCIL SHALL DETERMINE THE RULES OF ORDER AND PROCEDURE GOVERNING MEETINGS BY RESOLUTION. Introduced, read in full, passed on first reading on the 20th day of August, 1984. 1984. Published as a Bill for an Ordinance on the 22nd day of August, Read by title and passed on final reading on the 4th day of Sept.aber, 1984. Published by title as Ordinance No. ______ , Series of 1984, the 5th day of Septa.ber, 1984. Eugene L. otis, Mayor Attestr 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 ca.plete copy of the Ordinance passed on final reading and published by title as Ordinance No. _, Series of 1984. Ga ry R. Hi gbee • I • • • , • ORDINMCE 00. SERIFS CF 198'4·:--- • • • BY Al:ll'HORITY A BILL FOR <llmCIL BILL NO. 38 Hfl'ROOOCID BY <llmCIL lmmER 'zlRA fL AN ORDINMCE GRANI'It«; TO 'l1iE SCXl'rlfiEsT OiERRY HILLS WATER DISTRICT, A PERMIT TO COOS'l'ROCT AW Ml\INTAIN A WATER <XlNDUIT 'IHROUGH THE CITY <F FXiL&l<XX>, COLORAOO, A MWICIPAL CORR>RATION. WHEREAs, Southwest Cherry Hills water District, a quasi-rn~icipal corporation of the State of Colorado, acting by, through and for the use of its Board of water Cbmrnissioners, desires a permit to construct and maintain a water conduit through the City of J:llgle~; Nai, THEREFoRE, BE IT Clm.\INED BY THE CITY ClXJOCIL CF THE CITY CF ElG.&lOOO, COLORAOO, AS FOLLows: Section 1. City Oo~il of the City of J:llgle~ hereby approves Perm1t Agreenent between the City of J:llgle~, Colorado, and Southwest Cherry Hills water District, a quasi-municipal corpora- tion of the State of Colorado, granting Southwest Olerry Hills water District a permit to construct, operate, and maintain a water conduit across certain roads, streets, and property in the City of J:llgle~. Said Permit Agreenent, consisting of three (3) type- written pages, is attached hereto and incorporated herein by reference. Section 2. 'Ibe City Co~il of the City of J:llgl~ authorizes the Mayor and ex officio City Clerk-Treasurer to sign and attest said agreenent on behalf of the City Council and the City of Engle~. Introduced, read i n full, and passed on first read i ng on the 4th day of September, 1984. Published as a Bi ll for an Ord i nance on the 5 th day o f Sept ember, 1984. Attest: E>.Jgene L. Otls, Mayor ex officio City Clerk-Treasurer • ?.fl I • • - • , • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Ehglewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of a Bill for an ordinance, introduced, read in full, and passed on first reading on the 4th day of September, 1984. Gary R. Hlgbee • I . • " • • • • PERMIT AGREEMENr THIS ArnEEMENr, entered into as of the day of 1984, between the CITY <F EN;Lf.WOOO, COLORAoo-;-a-municipal ___ _ corporation (hereinafter "City" or "Englelo.UQd") , and roJTHWEST OiERRY HILLS WATER DISTRICT, a quasi-municipal corporation of the State of Colorado (hereinafter "District"), for the use of its Board of water Cattnissioners (hereinafter the "Board"), WITNESSETH WHEREAs, the Southwest Cherry Hills water District, acting by and through its Board of water Cattnissioners, desires to construct, operate, and maintain and eight-inch (8") ~oater main lnder and across certain roads, streets, and property in the City of Englelo.UQd, Colorado, described as follows, to wit: Beginning at a point approximately 15 feet South of the NE corner of Section 10, Township 5 South, Range 68 West of the 6th Principal ~ridian, said point being on the East line of said Section 10; thence Southwesterly to a point 20 feet East of the West right-of-way line of Clarkson Street and on the South right-of-way line of C\Jincy Avenue extended; thence Southerly along a line 20 feet East of and parallel to said West right-of-way of Clarkson Street to the approximate centerline of Radcliff Avenue; thence Easterly to the East right-of-way line of Clarkson Street. AW WHEREAs, the City agrees to grant said right, permit and license under certain terms and conditions; NCM, THEREFoRE, the parties hereto covenant and agree as follows: A. All rights hereunder shall be exercised in such manner as to cause the least possible inconvenience to those entitled to make use of the streets or avenues involved, and the least possible obstruction to travel in and along said streets or avenues. To this end, the Board shall, loilerever possible, ah.ays leave open at least one-half of roads, streets or avenues adjacent to or crossing the excavations and construction work of the Board and shall take all possible precautions to prevent accidents and injuries in connection with any of its work along the avenues and streets hereinabove mentioned. In no event, during the process of construction and laying of said conduit, or the maintenance thereof, shall any public or private street, alley or right-of-way be obstructed to travel for a continuous period of more than four (4) days. DJring the construction and maintenance of said conduit, there shall at no time be stored or left on the surface of the streets, alleys or other rights-of-way of the City of Englewood any • I • • • • • • • pipe, ma terials or equipnent used in construction and maintenance of said conduit for a period of more than t~ (2) ~oeeks at any one location before putting to use. B. Should it becane necessary for the Board, during the excavation for or the installation or maintenance of the said conduit, to disconnect any house service lines fran any lines presently in place in said streets or avenues, the Board shall cause the scme to be done in such a manner as to cause the least possible delay and inconvenience to the water users thereof, and the interruptions in water service to any property shall, in no case, exceed a period of six (6) hours. All disconnection and reconnection of any such water service lines shall be done in a good and ~rkmanlike manner and all expenses incurred therein shall be the sole responsibility of the Board. C. All excavation and construction, installation and maintenance ~rk which the Board shall undertake pursuant to this permit shall be subject to the inspection by a canpetent and qualified inspector who shall represent the City, and the Board agrees to comply with all reasonable requests thereof in the performance of said work. All such ~rk shall be performErl so as not to interfere with or damage any utility lines owned by the City or private utilities existing within such street. After each excavation, the street shall be refilled; the upper eleven (11) inches of fill shall consist of eight (8) inches of good quality canpacted gravel base course and three (3) inches of asphaltic concrete surfacing, surfacing to apply where existing surfacing is disturbed. All of the aforesaid work shall be free fran settlanent arising out of any excavation and performErl within the limits of the trench excavation. 'lllere shall be properly designed concrete encasements required at each pipeline crossing of sanitary se~oer lines and water lines so as to eliminate foreign pressure and stresses upon the Ehglew:>od se~oer and wster installations. '1lle foregoing shall be subject to the approval of a representative of the Di rector o f PUblic W>rks of the City of Ehglew:>od, Colorado. Any consequential damage to side streets, the surface or instal- lati ons thereon, approachi ng the various intersections with the r i ght-o f -way hereinabove granted because of pipe and material storage and heavy equi pnent movanent or f ran other causes, shall be repaired or replaced in their original conditi on at the sole expense of the Boa rd . D. The Southwest Cherry Hills water District and its Board of water o:mnissioners, successors and assigns , shall at all times save and keep harmless the City of Ehgle~ and its City Coll'lCil and other officers and anployees fran any and all damages that may in any manner arise fran the granting of this perm it and the exercise of any rights gran ted heret.nler ; provided, howev er , that the Board , its successo rs and assigns , shall not be so held liable unless given full oppo rtunity to defend any s uch claims. E. Nothing herein shall be construed as g r an ting to District or the Board any rights other than the permit herein expcessly defined and set forth , nor shall anything in this agreenent be 2 • I • • ( • • • • construed as granting an exclusive privilege to District or the Board, it being understood that the right of Englewood to grant the use of its roads, streets, avenues, alleys and other (:Ublic rights-of-way to others for (:Ublic and private purposes is fully reserved to EngleloPOd, consistent, however, with the full exercise of the rights granted by this pecnit. F. If the facilities installed hereunder are ever abandoned, the Board agrees to neutralize or remove the facilities at Board's own expense. G. It is expressly understood and agreed that the granting and acceptance of this pecnit is and shall be without preju:Hce to any rights or obligations of the District, its Board of water Ctmnissioners, the City of Englewood, COlorado, or any inhabitants thereof. H. 'ftle conditions contained herein shall apply to the agents, contractors, sub-contractors, heirs, successors, assigns of any other entity having been granted "daninion" over the facilities by the Board. 'ftle Board agrees that violation of this pecnit by any of the above mentioned shall give the City the right to void this pecnit and neutralize or remove any facilities pecnitted herein at the sole expense of the Board or its heirs, successors and/or assigns. IN WITNESS WHEREXF, the parties have signed this agreement as of the day and year first above written. ATI'EST: Gary R. Higbee, ex offlcio Ci ty Clerk-Treasurer ATI'EST: 3 CITY CF ~. CXLORAOO ~~~--~~~~----Eugene L. 0t1s, Mayor ~ OIERRY HILLS WATER DISTRICT ~------------------- • I • • n " I • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE August 23 , 1984 AGENDA ITEM SUBJECT 1 d_ INITIATED BY Kells Waggoner , Director o f Public Works Permit for water line -- Southwest Cherry Hills water District ACT 1 ON PROPOSED Approva l ordinance a u thoriz i ng Mayor 's signa t u re on Permit Agreement BACKGROU ND When another governmental agency requests permanent use of the City of Englewood streets for installation of a pipeline, the permit is granted by Council by ordinance. The acceptance of the conditions of the permit by the other agency is by authorized signature, and a copy of the final agreement is transmitted back to our City Clerk . DISCUSSION Attached hereto is a copy of a letter from Southwest Cherry Hills Water District requesting permission to construct and maintain an eight-inch water line in Clarkson Street from Quincy to Rad cliff . The water line is to be located 20 feet from the west property line of Clarkson Street in Englewood 's right-of-way. Cherry Hills does not have right-of-way in this stretch of Clarkson . We have reviewed the proposed location of the water line and have determined that we will not need to use this portion of Clarkson Street for any of our future lines. The permit addresses such things as street closures , inconvenience to citizens , damage to public and private property, future settlement, resurfacing, etc. A map is available for inspection. RECOMMENDATION It is hereby recommended that Counci l approve the ordinance granting permission to install the eight-inch water line. No monetary remuneration is proposed. Attach. I<W/lo • I • • - • ( • • • • August 6, 1984 City of Englewood 3400 So. Elati Englewood CO 80110 Attention: Mr. Ke lls Waggoner RE: Cherry Hills Meadow Gentlemen: The purpose of this letter is to request permission to construct and maintain an 8" water conduit through the City of Englewood, Colorado. The location of the line is as follows: beginning at a point approximately 15 feet south of the NW corner of Section 11, Township 5 South, Range 68 West of the 6th Principal Meridian, said point being on the west line of said Section 11; thence Southwesterly to a point 20 feet east of the west right-of-way line of Clarkson Street and on the South right-of-way line of Quincy Avenue extended; thenc e Southerly along a line 20 feet east of and parallel to said West right-of-way of Clarkson Street to the approximate centerline of Radcliff Avenue; thence Easterly to the East right-of- way line of Clarkson Street . The construction plans for the proposed water line are attached. Sincerely, SOUTHWEST CHERRY HILLS WATER DISTRICT _.. 7 f? --~--' _.:;/'...:/ ;"/ ~-~ Pat Monr~. Prestdent Enclosure GO/cg • I • • I' • t • • • • 7t BY AUTHORITY ORDINMCE 00. SERIES CF 198..,.4 __ _ a:mciL BILL 00. 39 INTROOOCEDAlY: <;;a.JOCIL ~ER~~~~~~~··--· A BILL FOR AN ORDINMCE 'ro ESTABLISH USEFUL PUBLIC SERVICE AS AN ALTERNATE PUNISHMml' FOR IMroSITION BY THE EH;L~OOD MllHCIPAL axJRT BY liMEH>I~ TITLE I, OiAPl'ER 1, SEX:'~' ION 20 AW TITLE I, OIAPl'ER 2, SECI'ION 1, OF THE EH;L~OOD MllHCIPAL ccx:>E '69, AS I!MfN)ED. WHEREAS, the City Coi.IlCil of the City of a1glewood declares that it is in the best interest of the City of a1glewood and its residents to provide that useful public service be an alternate focn of punistment available to the tllglewood ttmicipal Court to provide effective corrective measures for juvenile and indigent offenders convicted of violating tllglewood ttmicipal Ordinances; and WHEREAS, the City of a1glewood does not now have any provision for enforcing useful public service upon persons convicted of violating an ordinance in the Ehglewood H.micipal Court; lO'l, THEREFORE, BE IT ~INFD BY THE CITY a:mciL CF THE CITY CF EH;L~OOD, C()[JJRAOO: Section 1. That Title I, Chapter 1, Section 20, of the Ehglewood M.Jn1c1pal Code '69, as amended, is hereby cnended by adding a new subsections (a) (1) and (b) (1) (a) to read as follows: 1-1-20: PENALTIES FOR VIOlATIONS (a) (1) IN NDITION 'ro OR IN LIEU CF BEI~ Smi'EtCED 'ro THE PUNISiflENI' CF A FINE OR IMPRISOtfotENI', ANY PERSON WID SHAIL VIOlATE ANY PROVISION CF THE EH;L~OOD I'UHCIPAL ccx:>E ~y BE ORDERED 'ro PERFORM HOORS CF USEFUL PUBLIC SERVICE. (b) (1) (a) IOCUJDED WITHIN THE PROVISIONS CF THE PREX:EDI~ SUBSa::TION (b) (1) IN NDITION 'ro OR IN LIW CF EITHER FINE OR IMPRISCH1Dll' IS THE PERFORHMCE CF HOORS CF USEFUL PUBLIC SERVICE. 1 • I • • - ( • • • • Section 2. That Title I, Olapter 2, Section 1, of the Englewood M.Jmc1pal Code '69, as amended, is hereby amended by adding a new subsection (c) to read as follows: 1-2-1: GENERAL PENALTY; CONI'INUit«; VIOLATIONS; FINES AND IHPRIS<Hmn' (c) ( 1) IN AIDITION 'ro OR IN LIEU <F IMI'OSit«; A PUNISJI'1ENI' <F A FINE OR IMPRIS<H1ENI', THE COURT IS AlJI'HORIZED 'ro AruU!XiE 00'1' MORE THAN SIXTY (60) HOORS <F USEFUL PUBLIC SERVICE FOR FAOi CFFENSE FOR WHICH THERE IS A FIND It«; <F GJILTY. (2) USEFUL PUBLIC SERVICE MEANS ANY W<RK WHICH IS BENEFICIAL 'ro THE PUBLIC AND WHICH INVOLVES A MINIMU1 <F DIRECI' SUPERVISION OR CYl'HER PUBLIC COST. IT OOES 00'1' INCWDE ANY W~K WHICH WClJID EK>Al(;ER THE HEALTH OR SAFETY <F ANY PERSON. (3) THE CITY A'I'roRNEY SiAIL COOfERATE WITH THE COORT IN IDENI'IFYIOO SUITABLE W<RK ASSIGI1ENI'S. AN CFFENDER SEm'ENCED 'ro SOCH W<RK ASSIGtlmn' SiAIL CQotPLETE THE SAME WITHIN THE TIME ESTABLISHED BY THE COURT. THE CITY A'M'ORNEY SiAIL DETERMINE IF THE W<RK ASSIGI1ENI' HAS BEEN SATISFACI'ORILY li.CCa1LISHED WITHIN THE REC(JIRED TIME. FOR THE PURI'OSE <F THE <DLORAOO OOVE:J9o1ENl' IMMtlUTY Per, ARTICLE 10, TITLE 24 , PUBLIC tMPLOYEE OOES 00'1' INCWDE ANY PERSON WHO IS SEm'ENCED 'ro PARTICIPATE IN !.5EFUL PUBLIC SERVICE UNDER THIS ORDINANCE. (4) ANY PERSON WHO IS SEm'ENCED 'ro PARTICIPATE IN !.5EFUL PUBLIC SERVICE UNDER THIS ORDINANCE IS 00'1' BY THAT PARTICIPATION IN ANY WAY A CITY tMPLOYEE WITHIN THE PROVISIONS <F ARTICLE YN, HCJotE RULE OIARTER, Eln.tliOOD, <DLORAOO, OR WITHIN THE PROVISIONS <F CliAPTER 5, Eln.tliOOD MtlUCIPAL <mE '69, AS AHm)ED, OR ANY OTHER PROVISION <F LAW DEFINit«; A CITY tMPLOYEE. (5) THE CITY <F ~000 IS 00'1' LIABLE aiDER THE W<RI<HDI'S cntPENSATION Per <F COLORAOO, ARTICLES 40 'ro 54 <F TITLE 8, COLORAOO REVISED STA'lUTES, OR aiDER THE COLORAOO tMPLOYMENI' SOCURITY Per, ARTICLES 70 'ro 82 <F TITLE 8, COLORAOO REVISED STATUTES, FOR ANY BENEFITS 00 PCCOONT <F ANY PERSON WHO IS SEm'ENCED PURSUANT 'ro THIS ORDINANCE 'ro PARTICIPATE IN ANY TYPE <F !.5EFUL PUBLIC SERVICE, Bl1r OO'mit«; IN THIS SUBP~PH (5) SHALL PROHIBIT THE CITY <F Eln.tliOOD FRCt1 ELB:'I'It«; 'ro ACCEPI' THE PRO- VISIONS <F THE "~KMEN'S CQotPENSATION Per <F COLORAOO" BY PURCHAS- It«; AND KEEPit«; IN FORCE A POLICY <F W<RKMEN 'S cntPENSATION INSURANCE COVERit«; SOCH PERSONS. (6) IN AIDITION 'ro ANY OTHER PENALTIES PRFS:RIBED IN THIS ORDINANCE, THE COURT SHALL ASSESS UPON ANY PERSON REC(JIRED 'ro PERFORM USEFUL PUBLIC SERVICE, IF SOCH PERSON WILL BE COVERED BY i«lU<MEN' S CCJ1PENSATION INSURANCE PURSUANT 'ro SUB-PARA~PH (5) OF THIS ORDINANCE OR LIABILITY INSURANCE, AN I\HOONT REC(JIRED 'ro DEFRAY 2 • I • • • • • • THE COOTS CF SOCH ~I<Mm'S CXJotPENSATION INSURAlCE OR LIABILITY INSURAlCE FOR THAT PERSON FOR EAOi SOCH SENI'EtCE CF USEFUL PUBLIC SERVICE ADJWGED. THE PROCDD> FRQol SOCH liMOONI'S SHAIL BE USED TO DEFRAY 'lllE CXlST TO THE CITY CF EHi[.E)I(XX) CF FURCHASIN:> AN) KEEPIN:i IN FOICE A POLICY CF Sl\ID WCRI<Mm'S CXJotPENSATION INSURAlCE OR LIABILITY INSURAICE COI/ERIN:> SOCii PERSON. (7) THAT ALL ORDitWCES OR PARTS CF ORDINMCES CF THE CITY <lDE CF THE CITY CF EHi[.E)I(XX) THAT PROVIDE FOR PENALTIES FOR VIOILATIONS 'ntEIUXF ARE HERmY AH!H>ED TO ItCWDE 'lllE PROVISION FOR USEFUL PUBLIC SERVICE AS PROVIDED HEREIN. Introdoced, read in full, and passed on first reading on the 4th day of September, 1984. PUblished as a Bill for an Ordinance on the 5th day of September, 1984. rugene L. 0t1s, Mayor Attest: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above IK1d foregoing is a true, accurate and ccmplete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 4th day of september, 1984. Gary R. H1gbee 3 • I • • - \~ ( • • • • BY Al1l'HORITY ORDINMCE 00. SERIES CF 198.~4--- A BILL FOR AN ORDINMCE APPROVI!'<li A LFASE BE'lWEEN OCHOOL DISTRICT NO. 1, ARAPAHOE caJNTY, <X>LORAOO, AW '1\iE CITY CF E!'<liLEWCX)(), COLORAOO, FOR OOCJo\ 16 AT MAIDOX OCHOOL 'ro BE lEID AS A 911\.IL NATURE CENTER. 7F WHEREAS, School District ~. 1 has leased the DJncan B.lilding in which the nature center is now located; and WHEREAS, the Parks and Recreation Department of the City of Engle~ is seeking other space at Maddox School for a nature center; ~, niEREFORE, BE IT ORDo\INID BY '1\iE CITY ccmciL CF '1\iE CITY CF E!'<liLEW<XlD, a>LORAOO, AS FOL.l.CMS: Section 1. City Council hereby approves the attached lease between School District ~. 1, Al:apahoe Oomty, Colorado, and the City of Engle~, Colorado, on the teens and conditions stated therein, which lease is incorporated herein by reference. Section 2. City Council authorizes the Mayor and ex officio City Clerk-Treasurer to sign and attest said lease in behalf of the City Council and the City of Engle~. Introdu:ed, read in full, and passed on first reading on the 4th day of September, 1984. Published as a Bill for an Ordinance on the 5th day of September, 1984. Attest: Eugene L. 0t1s, Mayor ex offic1o City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Engle~, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of a Bill for an Ordinance, introdoced, read in full, and passed on first reading on the 4th day of September, 1984. Gary R. Hlgbee • I • • • • • LEASE Sch oo l District 1, Arapahoe County (the lessor) leases to the City of Englewood ( ~ (the lessee) room 16 at Maddox School, 700 W. Mansfield, Englewood, Colorado. ( • In c o nsideration of the leasing of the premises, the lessee agrees to the following: This lease will extend for 24 months starting 9/1/84 and ending 8/31/86. The City may begin moving into Room 16 prior to this date at no additional cost. This lease will be for $1,300 for a two-year period ($650 per year). $325 of this amount will be due 9/1/84, the remaining balances will be due 3/1/85 ($325), 9/1/85 ($325), 3/l/86 ($325). This rental fee is to include water, sewer, heat, electricity , and trash disposal . The School District shall maintain the hallway outside Roam 16 and provide snow removal for the sidewalk leading into Room 16 weekdays only. No other services are provided. Lessee agrees to keep the premises in a sanitary condition and as free from odors as possible. It is understood that Roam 16 will be used as a small nature center and as such will contain live animals, plants, displays, etc. Lessee agrees to reimburse lessor for all expenses incurred by it in repa~r~ng any damage to Room 16 caused by the lessee, its employees, agents, invitees or guests. Lessee will pay the expense of bringing telephone service and removal of said service from the leased premises and pay its own telephone bills. Lessee may make minor building modifications to Room 16 and agrees to put the room in origi~al condition when the lease is over. The School District agrees that any improvements made to Room 16 for which the City will be charged will be approved in writing by the City first. In consideration of the permission to use said facility, the lessee agrees: (1) All rules and regulations of the Board of Education be strictly complied with by all persons attending the center. (2) All persons attending will confine themselves strictly to the use of the aforesaid location. (3) No damage of any kind will be done to the school building or any of its contents. (4) The City, through its duly authorized agent, does hereby agree to indemnify and hold harmless School District No. 1, Arapahoe County, and its agents, employees and individual members of the Board of Education of said School District, from and against all claims, damages, losses and expenses, including reasonable attorney's fees in case it shall be necessary to file any action which is for bodily injury, illness, or death, or for property damage including loss of any equipment belonging to the City while l ocated on the premise s of Maddox School. Th e City wi ll be issued a key to the outside door and have unlimited access to Room 16 . There will be no custodian charges for building supervision. The City shall not be responsible for any other programs or activities in the building which are not conducted in Room 16 other than City programs approved through the facility us e procedure. At any time, either party may cancel this agreement by giving the other a written noti ce of cancellation of at least three months prior to the date of cancellation . • I • - • ( • • ,. • • IN WITNESS HEREOF the parties have executed this indenture the day and year first written. SCKJOL DISTRICT NO. l, Arapahoe County By: /z.W.. L :t. "8-el President Board of Education Lessor Dated: ______ ~z~~~~~~~~~~~r~------------1 I CITY CF ENGLEWX>D ~'--------~~~----------(title) Lessee Dated: __________________________ _ ATTEST: __________________________ __ Secretary Dated: ______________________________ _ I • • ] ( • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE SUBJECT Approve lease for space in August 30, 1984 Maddox Scl¥x>l for Nature Center ACTION PROPOSED Apprmre a lease with FD&lf5e!Xl!'! Public Sclpols for use of space in Maddox Scl¥x>l for the Nature Center. Background Due to a request by the Engl~ School District, the City is 1lDving all activities frcm D.lncan Building in order that the School District can rent the entire building to Swedish Hospital. All funcan programs, except the Nature Center, will be 1JDVed to Cherrelyn School for the rest of 1984 after "*rich these programs will be held in the new ccmrunity center building. Since the Nature Center will not be mused at the new recreation center, a new location lllJSt be found. Maddox School s~ to be a logical place and agreeable with City and School. This lease will provide a lure for the Nature Center for n.o years until sare permanent place can be found. The Nature Center has been part of the Recreation progran for approximately six years and has been a very popular cultural program for children, altrough it has served many adults as well . Financial Obligation The lease will be for n.o years @ $650/yr. "*rich includes utilities. This is not an increase in budget since this cost will be covered by funds budgeted for funcan Building. Reccmnendation That City Council approve the lease with the Scl¥x>l District for the City to use Roan 16 located in Maddox School for a nature center . In order to acccmrodate the school's wishes that the lease be si~ as soon as possible, a copy of the lease was sent to all IIIB"li>ers of the Parks and Recreation Ccmni.ssion last week with a request that they phone in their vote if they wish to reccmnend the lease to City Council for approval. Eight votes were yes, and one abstention . • I • - • ( • • • • BY AUTHORITY ORDINMCE NO. SERl ES CF 198...,.4 __ _ A BILL FOR COOOCIL BILL NO. 40 INTRODOCEDG CXXJOCIL MEMBER 1 fn AN ORDINAtCE GRANI'l~ A PERMANEm' EASJ:l1ENI' 'ro t-UJNTAIN Sl'ATES TELERiONE AND TELErnARi CCMPANY FOR INSI'AILATION CF TELERiONE m;JIPMENI' AT mc;La-1000 REX:REATION CEm'ER AtD DFX:l.ARI~ AN EMERQ:tCY. WHEREAS, Englewood Recreation Oenter is now under construc- tion and installation of telephone equipment must be coordinated with other construction activities on the site; and WHEREAS, I"Dtntain States "Ielephone and 'Ielegraph COmpany requires an above-ground jtnction box in the ilnnediate vicinity of the recreation center; and WHEREAS, l"Dtntain States 'Ielephone and 'Ielegraph COmpany's corporate policy is that such jtnetion boxes be constructed on permanent easements outside the right-of-way to avoid the necessity of having to move the service at a later date; to'J, THEREFORE, BE IT ~INID BY THE CITY CXXJOCIL CF THE CITY CF mc;La-1000, COLORAOO, AS ~S: Section 1. There is hereby approved an easement entitled "Grant of Ut1llty Easement" granting to l"Dtntain States "Ielephone and Telegraph COmpany an easement for telephone utilities for Englewood Recreation center according to the terms and conditions stated therein, a copy of lotlich Grant of Utility Easement is attached hereto and incorporated herein by reference. Section 2. City COtncil authorizes the Mayor and the ex officio City Clerk-Treasurer of the City of Englewood to sign and attest said permanent easement on behalf of the City comci 1 and the City of Englewood, Colorado. Section 3. In the opinion of City COtncil, and emergency exists 1n that this Ordinance is necessary for the ilnnediate preservation of public property. The emergency is that the easenent is needed so the above-ground junction box can be installed forthwith to avoid causing serious and protracted construction delays. There- fore, this Ordinance shall take effect ilnnediately after its final passage. Introduced, read in full , and passed on first reading on the 4th day of september, 1984. • I • - • (' • • • • Published as a Bill for an Ordinance on the 5th day of September, 1984. rugene L. 0t1s, Mayor Attest: ex off1c1o city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of f)lgleloOOd, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of a Bill for an Ordinance, introdu:ed, read in full, and passed on first reading on the 4th day of September, 1984. Gary R. Hlgbee 2 • I • • • • • - GRAN!' OF FASEMENI' THIS GRAN!' of a utility easanent (this "Grant") is made this day of , 1984 , by the CITY OF EN:iLEWOOD, COLORAOO, a Cblorado mmic1pal corporation ("Grantor") lltlose address is 3400 south El.ati Street, Engle~, Cblorado 80ll0, in favor of M<XJNTAIN STATES TELERiONE At{) TELErnAPH CXMPANY, a Cblorado corporation, ("Grantee") lltlose address is 931 14th Street, Denver, Cblorado 80202. The parties covenant and agree as follows: 1. Easanent Pro~t:(· The "Easanent Property" shall mean the real property loca~ 1n the Oomty of Arapahoe, State of Cblorado, as shown on Exhibit "A", attached hereto and merle a part hereof, being in the Southeast l/4 of Section 4, To~onship 5 SOuth, Range 68 West of the 6th Principal t"eridian, located on the southwest corner of the Engle~ Recreation Center property. 2. Cbnsideration. As consideration for this Grant, Grantee shall pay to Grantor the sun of Q1e Dollar ($1.00) and other good and valuable consideration paid by Grantee, receipt of which is hereby acknowledged by Grantor. 3 . Grant of Easanent. Grantor hereby grants to Grantee, its successors and ass1gns, and all public utilities or those with proper license or franchise, a perpetual, nonexclusive easanent (the "Utility Easanent") over, under, across and throu;~h the Easanent Property for the purpose of constructing, operating, maintaining, repairing, replacing, and ranoving an above-gromd j~nction box of Grantee that Grantee finds necessary or desirable for public utility purposes. 4. Access. Grantee shall have the perpetual, nonexclusive right of ingress and egress in, to, over, throu;~h and across the Easanent Property for any purpose necessary or desirable for the full enjo::rment of the rights granted to Grantee under this Grant. 5 . Restoration. Grantee, or the publ ic utility, or those entities w1th proper license or franchise , agree that after the construction, maintenance , repair, replacanent, or enlarganent of the above-ground junction box, the party exercising rights hereunder shall restore the surface of the Easanent Property as nearly as reasonably possible to the grade and condition it was in i.rrrnediately prior to said construction, maintenance, repair, replacanent, or enlarganent, except as may be necessary to accarmodate the above-gromd jmction box. Party exercising rights hereunder agrees to restore and repair any improvanents of Grantor on the Easanent Property which are danaged, modified or altered by party exercising rights hereunder during said construction, main- tenance, repair, replacanent or enlarganent and, further , agree to replace any topsoil ranoved from any cultivated or landscaped areas 1 • I • • • I I • • • • on the Easement Property and to remove any excess earth resulting fran said construction, maintenance, repair, replacement or enla rgement, at its sole cost and expense. 6. SUbjacent and Lateral ~rt. Grantor covenants and a:}rees that Grantee shall have the nght of subjacent and lateral support on the Easement Property to loilatever extent is necessary or desirable for the full, canplete and undisturbed enjo~ent of the rights granted to Grantee under this grant. 7. RiSs of Grantor. Grantor reserves the full right to the undistur o~oK~ershlp, use, and occ~y of the Easement Property insofar as said o~oK~ership, use, and occupancy is consistent with and does not impair the rights granted to Grantee in this Grant. 8. No Improvements. Grantor covenants and a:}rees not to construct, erect, place or plan any "Improvements," as hereinafter defined, on the Easement Property without obtaining the prior written consent of Grantee. "Improvements" shall mean any stroc- ture or building other than an above-grol.l'ld junction box. Grantee shall have the right to remove, without any liability to Grantor, any improvements constructed, erected, placed or planted on the Easement Property without Grantee's having obtained the prior written consent of Grantor. 9. Abandol'1llent. In the event that Grantee shall abandon the rights granted to it under this Grant, all right, title and interest hereunder of Grantee shall cease and terminate, and Grantor shall hold the Easement Property, as the same may then be, free fran the rights of Grantee so abandoned and shall 01ot1 all materials and stroctures of Grantee so abandoned, provided that Grantee shall have a reasonable period of time after said abandon- ment in loilich to remove any or all Lines and Appurtenances fran the Easement Property. In the event that Easement i s abandoned by Grantee, Grantor shall have the right, a t its sole option, to requ i re Grantee to remove or neutralize any improvements constructed in the Easement by Grantee. 10. warranty o f Ti tle . Grantor warrants and represents that Granto r i s the f ee simple OloK!er o f the Ea semen t Propert y and that Grantor has full right , title and authority, and that this Gr ant is effective to grant and convey to Gran tee the utility Easement. Grantor further covenants and a:}rees to indemnify , defend and hold Grantee harmless fran and a:}ainst any adverse claim to the title of the Easement Property by all and every person or persons lawfully claiming or to claim the whole or any part thereof . 11. Binding Effect . 'ltlis Grant shall extend to and be binding upon the he1rs , personal representatives , successors and assigns of the respective parties hereto . 'ltle terms , covenants , a:}reements and conditions in this Grant shall be const r ued as covenants runn ing with the land . 2 • I • • - • f • • • • • IN WITNESS WHEREOF, the parties hereto have executed this Grant of Utility and Stonn Drainage Easement the day and year first above written • Attest: Gary R. H1gbee, ex off1cio City Clerk-Treasurer Attest: Title: SfATE CF COLORAOO ss. CXXJNTY CF ARAPAHOE GRANI'OR: CITY CF EN;LEl'JOOD, COLORAOO ~-=----~~~~~--E>..lgene L. otis, Mayor ~EE: MClJNTAIN SfATES TELERiONE AND TEL~PH C01PANY ~------------------- Title: 'ttle foregoing instrunent was acknowledged before me this day of , 19 by lligene L. otis as Mayor and attested to by Gary R. Higbee~ex officio Ci ty Clerk-Treasurer of the City of El'lgle~o~'OOd, Colorado. Witness my hand and official seal. My Commission expires: SfATE CF COLORAOO ss . O:UNTY CF ARAPAHOE Not a ry Publ1c 3400 S. Elati Englewood, CO 80110 'ttle foregoing instr\JIIEJ'lt was acknowledged before me this day of , 19 by as -----andattested to by -as-..,.-_-_-_-_-..,.-:_--=-=----_-_-_-_-_-_-_-_-_-=__ of Mo~.ntain State-s-=Te-1.-e"""'Pfl,.......,.o...,.ne-ana---:-<..----- Telegraph COmpany . Witness my hand and official seal . My Comm ission expires: 3 • No tary Pub llc Address: I • • I ( • r I I I I ;·· .. . : . • • • EXHIBIT "A" ('ertiflcntt t'lf Sun1t~ ....u\. '· U,AUN ~-L . !. U [. W£AV[R PLlC£ UTTlETON, COLO,.AOO 10121 193·3083 ~ w. OXf'OI'O INt. I .. l keordiltt M Colona. s.r, ,..,. •et. ~ •"Y 1.,.1 actlOft N.-d !IPD" •rrr ct.fect in ~l• • ..., wt.t.t11&11 ab ,.. ... aftel" fOil Unt dh~l" auch cs.r.ct . In no •""t MY •"f eeti.• .... ..-eRf .. feet 1a thh euney be ~need .,,.. thn tift ,...,.. fro-tM .. u of tM certU1eatlOI' ....,.. hereon · e .,. N1 w/"11# U14104 t -..... 1"•100' @ • -Tltl IUTtl TU~l •m.t--ltlfti·TI· -ICII _ .. ,..., lllt-&7ttl It ...... tal ... , I • ' - • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE August 29 , 1984 AGENDA ITEM 1a INITIATED BY Cit y Mana ger ~Y Mc Cown SUBJECT PERMANENT EASEMENT AT RECREA- TION CENTER FOR TELEPHONE CO. AC TI ON PRO PO SED,_Em_e.;;.r;;.g.::.e.;;.n;...c:.:y:..;...B_J.:..:. l:..:l;;.....;f;..;o;..;r;;.....;O..;;r..;;d:..:i;;.n:..:a;;.n;.;;c..;;e_.:.t .:.o.....:..G.:.r .:.a :..:n.:.t .....:..Ea.:.s.:.e.:.m:..:e.:.n;.:.t:.._ ______ _ BACKGROUND In order for Mountain States Telephone & Telegraph to provide us with proper tele- phone service to our new recreation center, it is necessary for them to construct an above-ground junction box along Ox ford Avenue in the immediate v icinity of the facility. According to their new corporate policy, they insist that junction boxes be installed on permanent easements (5 ' x 5' pocket easement) outside the right-of- ( way to better insure against the necessity of having to move the services at a later date. I The attached easement agreement was only made available to us on August 27, 1 984, the need for such agreement having been brought to our attention only on August 23. It is imperative that this agreement be executed as soon as practicable in that installation of the telephone equipment must be coordinated with other construction activities on the site; and, for all practical purposes, should have been installed last week. FINANCIAL All costs associated with the .installation of the juncti on box will be borne by Mountain State s Telephone & Telegraph Company. RE COMMENDATION It is recommended that passage of an emergency ordinance be accomplished in order to provide service to the Englewood Recreation Center and to maintain continuity in c onstruction. Attachs .: 2 copies of agreement RX/lo • • I • • - ( • • • • 1/W (4-82) I RI!COIDING IIIFOitiiATIOII ONLY I I I ~--------------------~~~~~~~--------------------IIGIIT-OP-Wotlf IASIIIIIIT Corporate The Undero1aaad Grantor (and aec:h aDd all of thea 1f •ora thea oae) for aDd 1n cona1dar•Uoa of Tan Dollero <*10.00) eDd otber aood and Yel ... bla couidaraUoa 1n bead pdd by the Creataa, the receipt whereof 1a be reb, acbwleqed, hereby a reate, beradu and convey a unto the Mountain State a Talapbone aacl talaaraph eo.paay, a Colorado corporation, 931 14th Street, Denver, Colorado, 10202, Craotaa, ita auceaaaora, aaatana, laaMaa, llcanaHa aDd aaanta a ataht-of~•J la-at aDd the rtabt to coutruct, operata, .. tntaln aa4 r..ova auch e..-aalcattoa aM other fac111t1aa, fro. tt.e to tS.., aa Mid CrantM uy require upon, under and ec:ro .. the follov1q daecrlbed lend which the Creator ovaa or ;.a. which the Crantor baa &DJ latar .. t, to vtt i An aaa ... ot, •• abowD on lablblt •••• attacbed hereto aDd •4• a part bereof, MiDI ta tba Soutbea < --q ... rtar (II 1/4) of lectloa 4, T-hip 5 Routh, a.na• 68 Waat of the 6th Prlaclpal llerldlan, alt ... ta 1a Cnuaty of Arapa-, State of Cnloredo, TOGITilll with the riabt of lqreaa aDd Dlr••• o.er and ecroea the le""• of the Creator to a"" fr• the abo•.-.laecribed property, the r1aht to clear and kaap claarnd all tra .. and other obetructiou aa uy be aacaa .. ry, and the r1abt to perait other utility c-...•1•• to uaa the r1aht-of-wy jointly with Craotaa for their utility purpoaaa. The Cr: ·•tor raMrYaa the riaht to occupy, uaa, and cult1Yata .. id property for all purpoaaa Mt 1 ....... 1ataat With the riahta bardo arnted, liaond and dal1ftra4 tbia --------day of ----------• A.D., lt __ 4TniTED: (La-r) City of EnqleVC>OC! (Crutor) (OfUdal -Of c:;;fU, or COrporaUoa) ~~~-.-------------~(-1) City Clerk IJ -==----------------------'( ... 1) Mayor .. , no. f•r••U. l .. t..-t -. ~"*'1114 Wer• .. tl1ia ----------- •1 lt ___ • .., --------------------~~r~y of &Jim a &..,.~act•. City Cl-e r k 111-1., llaa4 _.official aaal. lly c-Jaaloa lap1raa : ------------locary ""ltc lojdra••• • I • • ( • ~~~--------------- IIIICOIDINC IIIFOIIIIATION ONLY I I I • • • (4-82) ~------------------~==~~~~--------------------UCIIT-GP-IIAY IASIIIIIIT Corporate The Underal&Dad CraDtor (and aec:b and all of t-1f -r• theD ou) for and 1D couider•Uoa of Tao Dollara (tlO.OO) and other aood ead val ... bla couideratioa iD bend paid by the Createa, the receipt whereof io hereby ackawladaad, hereby araau, baraatu and c.onvaya uoto the Mountain State a 'l'alapho... and Talaaraph Coapaoy, a Coloraclo corporation, 931 14th Street, Deaver, Colorado, 10202, Grantee, ita aucceaaora, aaatau, le&Maa, ltcuaaaa aDd aaente a ll&ht-Gf-Yay laa ... nt aDd the rtabt to coaatruet, operata, .. tntata. aDd reeova auc.h c~ntcattoa aDd other factllttaa, fr011 tt.e to ct .. , •• uld Crantee aay re-.utra upoo, UDder aad. acroaa the follovtoa deacrtbed laDd vbtc:b the Creator ovaa or ~n vhtch the Creator baa any tnteraat, to vtt t An aaa ... at, •• ahOVD on l•btbtt •••, attached hereto aDd ucla a part hereof, betq ta the Soutbao · : oaa-q ... rter (SI 1/4) of Sec:tloo 4, T-bip 5 South, hoaa 61 llaot of the 6th Priacipal ller1d1oo, .tt ... te 1D Couoty of Arapahoe, State of Colocado, t'OG&TIIll with the riabt of toarau aod earaaa over aDd acroaa the laada of the CraDtor to aad froa the abo•.-daecr1becl propal'tJ 1 the rtabt to clear and kaap cleared all traao aod otbar obatructiou aa uy ba ucaaaary, and the rlabt to parait ocher utility c-paaiaa to uea the rtabt-of..,..y jo1Dtly vitb Craotaa for their utility purpoaaa. The Cr: ·otor reoanao the rtabt to occupy, u .. , aod cult1Yata aaid property for all purpooaa DOt lDCODal&taDt Vitb tbe rtahtO beraiD araatad. IU&Dad aod dal1Yarad tbio --------day of ----------'' A.D., 19 __ _ ATTISTID: (Laod-r) City of En9lei«>>d (Creator) (Official -of c-pa.., or Co1rp0ratioa) ..,,_=-...,...------------'leal) City Clark ., ..,.,.,.,..,,.----------------~' ... 1) Mayor Tba for .. o1., 1ut..-at wa au-1...,... •fore • tbio ------------ of lt __ , ~--------------------------------------Kayon of City of EnqleVOOd City ~l-erk VI TlaSI rry baed and off 1c tal .. al. My c-1oatoo laptreo: ------------ lotary MUc • I • • ( ( • ,._. 2.\'IJUT' ,• .. , . ~ . " hHc.& o .•. ...-." • • - EXHIBIT "A" (Certificate ttf Surt't~ !' l II'IOUI. '· KUAUII II. ~. S. U [, ftAVl-'LiCE UTTLE'Itlll, COLOIIADO eotzt ~--s -·· i w. OXI'OftD IN£. I fill l ti i .. ~ I Ill ,.._...~ M Celor ... a.-, ,_ ••t ~ any 1 ... 1 ectt.oa be_. IIPD" ..., .. feet. 1ft ddl ....., Wtaia 1ia ,..... dt.el' ,_ Uret ,_,...,.,. MCtl .. feet . In • ...,.t •r ,.., ..U. .._. .-..., .. het b tWa ......., • __... _.. thu '--,.an ,,_ tM .... .C ... •rUf&aoU.O--· . ""' .. .,_ .. _ t -liM& I r •... 1, , .• ,it r . K•re·· .. ~~-~~e,htrrf'ld '"""d ~u rV,.)'f'r , o\4'1 IM.'f"fJ't.:• crrllfy t'\.1t ,, fi,.I•J ewrYny waa Udfo lft't tM abovf' jn .1 lt Uf' .ut•l ~,,., ... ..._. p).,t f\1 liM I wurv,.y ""'''f" by..,. thi• _U\L do~y nf .. .!.alr,_l .. l .• _____ nl the." :•r•,vo ·rly dc-acr Lbl-d •• A perc:el or 1_. 1• t.M lou ~: .. aet Qull.rtar or .. cllOft •· ,......_,, S SMUt. ..... U .... ,, .. Kribed lit ... hut1'"f Ofl t.hll North Urw-of W.1t OllfOI'. ave~~~ 1,1M,t r .. t, _,, ol' , .... lll•t of t.hl &A•terlr UM of thl a .!'. 'a.r ... u~ l'i,ttt~r ... ,, .. ,. 110h•t -..1,.. Dfl the w .. t u ... or lowth ~l ... t.h su .. t •• ... cdbMI lfl lOok 1H5 u,... lll of the AnpatGei OtUillltY recoc••• tMttre Motth e1-. •id ... t UM of Iouth &al.,..th lt,..ot )60.0 feet, tMAc. W.et eM ,.,..uel to tM t~CKUt lh .. of -.t o.tor• a .... H4.C fMtl thence Iouth M4l puellel with ttw .... t UM of lout.h aal ... ter. nr .. t )60.0 '"' to • point OA tho IIDrth liM of ••t O.ford A....-r the~ Iaiit eloat Mid .. ,.. liM lt4 .4 fMt to tM point of -.lui... laid ,.reel c.tehe . l .JSt ocrea ... ,.. ar 1•••· 1 f,&rther certUy tilt tho L•~"u OA the allloWe.-ecrlbM ,.reel, oacept Ultlllty COAIMrCtiOfl,_~"tir•1Y wJ.thift the boun4ul•• of the Parcel , tMt then an flO •aci'OKh" -·~· •' ·tl4(•' .t.d pr.-!Na by Ullpro ..... fttl OA lftY .. ,.hiftt pJ"oalMi t .,.. tNt thtre • • \lrl~ of any ....... t c roeai~nl"' •Y pvt of Nld ,.. A otp<aa'Wl' \ ~~ X{~-1 ,, ~~.~-~.~~ • '"l'lfl4 : ., tWA. f . ---,;<:;. ~/ .. y, ou-:.;.-...u . . ,_.;t lj( rf'!\.<17 @ • I • • ( • • • - C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM August ~!:1, 1984 ~Cl. SUBJECT Bid Award Fire Hose INITIATED BY James Broman, Fire Chief ACTION PROPOSED The City Council approve the awarding of bid to the Becker Fire Equipment Company for the purchase of fire hose in the amount of ~8,660.00. BACKGROUND Because of the uncertain revenue picture prior to 1984, the fire hose was removed from the 1984 budget until mid-year. the city council appropriated $20,000.00 in the PIF to fund needs for the fire department. purchase of At that time, equipment Specifications were compiled and released for comptitive bid to provide 1,000 feet of 5-inch hose and 2,000 feet of 1-3/4 inch hose. Six pro- posals were received as follows : 1. Suppression Services, Inc. $8,610.00 2. Western Fire Equipment, Inc. $8,615.00 3. Becker Fire Equipment, Inc. $8,660.00 4. Mile-Hi Fire Equipment, Inc. $9,010.00 5. American Fire Prevention, Inc. $10,750.00 6. American Safety Associates of Colo.$11,050.00 45 days 30 days 30 days 21 days 6-8 weeks 6 weeks In evaluating the portion of the bid for 5-inch hose, I would recommend that we continue to purchase Angus hose as proposed by #3 (Becker Fire Equipment). We have had favorable experience with this brand and we have a reasonably complete inventory of repair couplings for this brand. We have no experience or recommendation for the Jafflite brand proposed by w1. If we purchased the Snap-Tite brand proposed by #2 (Western Fire Equipment), we would need to establish a separate inventory of repair couplings. (While the couplings are the same 1/4 turn connection, the methods of attaching the coupling to the hose are different, thereby creating different repair systems .) In evaluating the 1-3/4 inch hose proposal, I find that bidders #1 and #3 both propose to supply Imperial brand hose, which is favorable in our experience. Bidder #2 proposed to supply National Western Lite, for which we have no experience nor recommendation. I • • • • I • • • •