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Home My WebLink About1984-09-17 (Regular) Meeting Agenda• • .. City Council Meeting -Regular September 17, 1984 0 I • - • • 0 0 • • I . • • • - 7:30 P.M. 1. ~ ~ 2. &~~ 3. ~ 4. • ll ( • • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL ,o-:TEMBER 17 , 1984 / ~ Call to order, invocation by Reverend Adrian House, First Christian Church, 3190 South Grant Street, pledge of allegiance by Boy Scout Troop #92 , and roll call. l ~ Minutes. (a) Minutes of the special meeting of August 27, 1984. (Copies enclosed.) (b) Minutes of the regular aeeting of September 4, 1984. (Copies enclosed.) Pre-Scheduled Visitors. (Pleaae liait your pre- sentation to 10 ainutes.) (a) Mr. Walter Saauelson, 3855 South Lincoln Street, will be present to accept the proclaaation concerning Hunting and Fishing Day. Other Visitors. (Please limit your presentation to 5 minutes.) Public Hearing. Coaaunications -No Action Recoaaended, (a) Minutes of the Urban Renewal Authority aeetings of August 1 and 8, 1984. (Copies enclosed.) (b) Minutes of the Planning and Zoning Coaaission aeeting of August 21, 1984. (Copies enclosed.) • I • • • • • • Page 2 September 17, 1984 Agenda f\ 7. Communications -No Action Recommended (Continued). (c) Memorandum from the Assistant Director of URA to the Executive Director of URA concerning his attendance at the ALI-ABA Eminent Domain Conference in San Diego, CA. (Copies enclosed.) Communications -Action Recommended. (a) Proclamation concerning Alcohol Awareness Week. (Copies enclosed.) (b) Proclamation concerning Hunting and Fishing Day. (Copies enclosed.) City Attorney. Ordinances on Final Reading. (d) Ordinance approving Permit Agreement between the City of Englewood, Colorado, and Southwest Cherry Hills Water District. (Copies enclosed.) Ordinance 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 saall nature center. Ordinance granting a permanent easement to Mountain States Telephone and Telegraph Company. (Copies enclosed.) Ordinances. Bill vacating a storm sewer and water line easement and granting an easement for a new water line in the Cinderella City parking lot. (Copies enclosed.) Bill approving an agreeaent between the City of Englewood, Colorado, and the Arapahoe Regional Library District and approving Addendum thereto for establishaent of the APAL Book Fund to better library services to citizens of Englewood and the County. (Bill and Council Communication enclosed.) Other Matters • • I • • • • • • Page 3 September 17, 1984 Agenda 8. City Manager. (a) Council Communication from the Fire Chief concerning a bid award for the purchase of one fire pumper. (Copies enclosed.) (b) Manager's Choice. 9. General Discussion. (a) (b) 10. Adjournment. A~~v;)--- PET!lt R. V It AS Acting Ci Manager PHV /sb • I . - ( ( • • ( • • • • PROPOSED CONSENT AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL SEPTEMBER 17, 1984 7:30 P. M. 1. Call to order. 2. Invocation by Reverend Adrian House, First Christian Church, 3190 South Grant Street. 3. Pledge of Allegiance, Boy Scout Troop No. 92. 4. Roll Call. 5. Minutes. (a) Minutes of the special meeting of August 27, 1984. (Copies enclosed.) (b) Minutes of the regular meeting of September 4, 1984. (Copies enclosed.) 6. Pre-scheduled Visitors. (a) Mr. Walter Samuelson, 3855 South Lincoln Street, will be present to accept the proclamation concerning Hunting and Fishing Day. 7. Non-scheduled Visitors. 8. Communications and Proclamations . 9. (a) Proclamation concerning Alcohol Awareness Week. (Copies enclosed.) (b) Proclamation concerning Hunting and Fishing Day. (Copies enclosed.) Consent Agenda Items. (a) Minutes of the Urban Renewal Authority meetings of August 1 and 8, 1984. (Copies enclosed.) • I • • • • • • CONSENT AGENDA Page 2 September 17, 1984 9. Consent Agenda Items (continued). (b) Minutes of the Planning and Zoning Commission meeting of August 21, 1984. (Copies enclosed.) (c) t-!emorandum from the Assistant Director of EURA to the Executive Director of EURA concerning his attendance at the ALI-ABA Eminent Domain Conference in San Diego, CA. (Copies enclosed.) (d) Ordinance on final reading approving Permit Agree- ment between the City of Englewood, Colorado, and Southwest Cherry Hills Water District. (Copies enclosed.) (e) Ordinance on final reading 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.) (f) Ordinance on final reading granting a permanent easement to Mountain States Telephone and Telegraph Company. (Copies enclosed.) 10. Public Hearing. 11. Ordinances, Resolutions and Motions. (a) Bill vacating a storm sewer and water line easement and granting an easement for a new water line in the Cinderella City parking lot. (Copies enclosed.) (b) Council Communication recommending Bill for Ordinance approving an agreement between the City of Englewood, Colorado, and the Arapahoe Regional Library District and approving Addendum thereto for establishment of the APAL Book Fund to better library services to citizens of Englewood and the County. (Council Communication and Bill enclosed.) (c) Council Communication from the Fire Chief concerning a bid award for the purchase of one fire pumper. (Copies enclosed.) 12. City Manager Report. 13 . City Attorney Report. • I • • - ( • • • CONSENT AGENDA Page 3 September 17, 1984 14 . General Discussion. (a) Mayor's Choice. • • • (b) Council Member's Choice. 15. Adjournment . • I • • • • • • tJ-;1-t-i 7 : ~tJYYh· AG ENDA ITEM ----PRESENTED BY ------- (J P-J-o *q z_ 8h, ~·· ~~ OY)~ I )~t- ~ ROLL CALL Moved Seconded Ayes Nay Absent Abstain 111aaav Neal vobei da Weist Bllo Bradshaw Otis MOTION: • I . . • • • AGEN DA ITEM -----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain lflgOay v Neal v VobeJda v • Weist ......... Rl lo ,........ Bradshaw ~ Otis v MOTION: I • • • • • • • • - AGEN DA 'TEM ~ P RESENTE D B Y-------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain HIQday -Neal - Vo beida -Weist - / Bllo v Bradshaw Otis MOTION:~ I • • • • • PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain lHCida-v -v Neal Vobeida Weist Bl lo v Bradshaw - Otis - • I • • MOTION: ~ • • - • • AGENDA ITEM ----- PRESENTED BY ROLL CALL l'loved Seconded Ayes Nay Absent Abstain __.,. v lHqda-v I Neal 1 Vobe i da I Weist I Bllo \ v Bradshaw \ Oti s \ \ MOTION : • I • • • • • • AGEND A ITEM -----P RESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain '\ v Hlgday ~ NeaT I Vobe1da I • Weist silo 17 Bradshaw Otis '-' • I • • MOTION:~ • • • • AGENDA ITE~ ~ PRESENTED BY -------- ROLL CALL "oved Seconded Ayes Nay Absent Abstain Hlgday Neal Vobeida Weist Bllo Bradshaw Otis MOTION: • I • • • • • AGENDA ITEM _..:::J=-~--PRESENTED BY-------- ROLL CALL Moved Seconded Abstain HIQCiay Neal Vobe1da Weist Bi lo Bradshaw Otis MOTION : I • • • • • • .. • ,..... AGENDA ITEM ..j tJo..--L--PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain ~ HIQdav Neal Vobe1da 1/ Welst I 17 IIllo Bradshaw I Otis I \_ I • • • • • • AGENDA ITEM ~ PRESENTED BY -------- ROLL CALL Hoved Seconded Ayes Nay Absent Abstain '"" Hlgday v Neal I Vobeida I Weist I Bllo I r Bradshaw Otis MOTION:~ I • • • • ' • • • AGENDA IT~ ~ PRESENTED BY -------- ROLL CALL Hoved Seconded Ay~ fqy Absent Abstain HlgCiiY ....-Mea vobe1da Wei s t V' Ri l Bradshw Ot i s J MCYriON: • I • • • • • • • AGENDA ITEM 7 b PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain HIQc:lay Neal I Vobeida I v Weist 1 v Bllo \. Bradshaw - Otis - MOTION: I • • • • • • , . • {c_ PRESENTED BY -------- AGENDA ITEM ----- ROLL CALL Abstain Moved Seconded ' -mgaay l Neal I v: Vobe1da I WeTst I ,...... Bllo Bradshaw I Otis MOTION: I • • • • • • • AGE NDA ITEM ~ PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain tHgday \ y Neal I v Vobe;da 7 Weist I Bl fo l Bradshaw \ Otis "'\. MCYriON: C/3 * 1 ~ I • • • • - • • AGENDA ITEM ~~ PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain ""' HladiV Neal ·vobeida Weist • --p Bllo y Bradshaw Otis MOTION: • I • • • • • • AGENDA>nM*-PRESENTED BY -------- Hoved Seconded Aye Nay Absent Abstain r-I_!! 1 goay 1 Nea_1 r-Vobe1da v We_l_st ;-Bll.Q. _j Bradshaw l l l ,-........ Otis \ MOTION: I • • • • - • • PRESENTED BY -------- ROLL CALL Ayes Nay Absent Abstain Moved Seconded --v t1lQCiaY y Neat Vobe,da • Weist Bllo Bradshaw Otis MOTION: • ~4~~ • I • • • - • • AGENDA ITEM --- ROLL CALL Moved Seconded Aye fY 5 y Absent Abstain Hladav -Neal - Vobeida - Weist - Bllo - Bradshaw --.. Otis • MOTION: I . • • • • • • AGENDA ITEM J a.-. PRESENTED BY~ Moved Seconded A"\s N•y Absent Absuln 7 Klgo•v \ Nul I Vobe1da I Weist Bi lo v Br•dsh.w Otis ' I . • • • • • AGEN DA ITEM £1' ~ PRESENTED BY ----- ROLL CALL Moved Seconded Ayes Nay Absent Abstain HTgday Neal Vobe1da Wei s t Bllo Bradshaw OtIs I . • - • • SPECIAL MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado August 27, 1984 /{t The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on August 27, 1984, at 5:30p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Higday. The pledge of allegiance was led by Mayor Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Vobejda, Bilo, Bradshaw, Otis. Absent: Council Member Weist. The Mayor declared a quorum present. * * * * * * * Also present were: Acting City Manager Vargas City Attorney Olsen * * * Assistant Director of Community Development (Planning) Romans Deputy City Clerk Owen * * * * COUNCIL MEMBER BRADSHAW MOVED TO OPEN THE PUBLIC HEARING CON- CERNING AN ORDINANCE ON THE ASSESSMENT ROLL IN CONNECTION WITH DOWNTOWN IMPROVEMENT DISTRICT NO. 1980-1. Council Member Bilo seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried. I • • ( • August 27, 1984 Page 2 • • • Mayor Otis asked if there was anyone present wishing to speak in favor of the ordinance. There was no one. Mayor Otis asked if there was anyone present wishing to speak against the ordinance. There was no one. COUNCIL MEMBER HIGDAY MOVED TO CLOSE THE PUBLIC HEARING. Coun- cil Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried. ORDINANCE NO. 28 SERIES OF 1984 BY AUTHORITY COUNCIL BILL NO. 29 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE SUPPLEMENTING ORDINANCE NO. 71, SERIES OF 1981, FINALLY PASSED AND ADOPTED ON OCTOBER 19, 1981, AND PROVIDING FOR AN AMENDMENT TO THE ASSESSMENT ROLL IN CONNECTION WITH DOWNTOWN IMPROVEMENT DISTRICT NO. 1980-1, IN THE CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 29, SERIES OF 1984, ON FINAL READING. Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried. • • • • • • • COUNCIL MEMBER NEAL MOVED TO OPEN THE PUBLIC HEARING CONCERNING AN ORDINANCE ZONING NEWLY ANNEXED PARCELS OF LAND KNOWN AS THE ARAPAHOE COUNTY FAIRGROUNDS. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted aa follows: • I • • • ( . • August 27, 1984 Page 3 Ayes: Nays: Absent: • • • Council Members Higday, Neal, Vobejda, Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried. Dorothy Romans, home address 3600 South Bannock, Assistant Di- rector of Community Development in the Planning Division, appeared before Council. Under oath, Ms. Romans stated the purpose of the hearing was to consider the zoning of two parcels of land that was annexed to the City of Englewood by Ordinance No. 1, and Ordinance No. 7, Series of 1984. Ms. Romans entered copies of the annexation ordinances into the record, publishers affidavits of the legal notices in the Englewood Sentinel, and the certification of posting of 12 signs. Ms. Romans stated the Planning and Zoning Commission held a public hearing on this matter on June 26, 1984. Ms. Romans stated it was recommended that the land be zoned B-2 with the exception of certain areas for R-3. Ms. Romans noted R-3 uses were permissible in the B-2. Ms. Sue King, Senior Planner, then presented slides of the sub- ject area. Ms. King testified her statements of the slides were true and that there were 108 slides. Ms. Romans stated zoning was the first step in this process. The two further steps were subdividing the property and evaluating a planned development, the latter requiring a public hearing. Ms. Romans answered various questions from Council. Ms. Romans approved the submission of the slides, the drawings, and the Planning and Zoning Commission's report into the record. There were no other questions of Ms. Romans at this time. Mayor Otis asked if there was anyone wishing to speak in favor of this ordi- nance. Jack Sakdol, home address 5991 South High Court, Littleton, business address 21 East Panama Drive, Littleton, came forward repre- senting the Arapahoe County Fair Association. Under testimony, Mr. Sakdol stated the Association supported the proposed zoning. Donald Poline, 7403 East Long Avenue, the Division Manager for M.J. Brock ' Sons, came forward. Under testimony, Hr. Poline stated his company was pleased the subject property has moved into the zoning phase. Mr. Poline stated the major accomplishment so far was the signing of the I • • -• • • August 27, 1984 t Page 4 ( . • • development guidelines. Mr. Poline stated he was pleased with the co- operative and positive of the City's staff. Mr. Poline stated he was surprised at the Planning Commission's recommendation of the R-3 zonin g on the drive-in theatre site. He stated he was informed by the Plann ing staff that if his conclusion was that R-3 was not feasible, he could com e back to Council at a later date, at PD time, and recommend a change. Mr . Poline stated however at this time he recommended proceeding with approv- al on the proposed zoning. Council Member Higday stated the request for zoning appeared to him to be somewhat different than discussed a year ago. There appeared to be less residential. Mr. Poline responded the first discussions were preliminary and without his company looking at the site. Mr. Poline stated this zoning places a buffer between residential areas. Mr. Poline stated the S-2 allows for R-3 uses and this flexibility may prove favorable depending on what market analyses report. Council Member Silo asked Mr. Poline what were the tentative development plans in relationship to commercial and residential at this particular time, percentage-wise. Mr. Poline stated he was unable to answer because they were in the preliminary design stages. Council Member Silo referenced his notations dated November 3, 1983 which stated the assumptions would be approximately 70\ for resi- dential and 30\ for commercial and/or office space. Mr. Poline stated he preceived a good deal of residential in the area, but until he could present specific PO plans which have to evolve over a period of time, he was unable to answer Mr. Silo's question. Council Member Bradshaw recalled a year ago Mr. Poline indicated the development wo uld not be unlike Heather Ridge. Ms. Bradshaw stated her concern was that there be residential places in Englewood that would provide housing for p ople with children for schools. She did not see this happening on the south portion under the proposed zoning. Ms. Bradshaw stated she saw a change in philosophy in what was discussed a year ago. Mr. Poline stated he saw opportunities and flexibilities of mixing 1n residential; however, it was too preliminary to tell if the possibility existed for single family. Cou nc il Memb er Bradshaw asked Mr. Poline to look at the R-3 development called Hunter 's Run • • I • • • • t • • • • .. Au g u st 27, 1984 Pag e 5 Mr. Poline stated they have contracted with David Jensen Associ- at s t o ass i st in designing the project. Mr. Poline stated Mr. Jensen was present should Council have any questions. Mayor Otis advised waiting until the planned development came in. Council Member Bilo asked what was the timeline on the project. Mr. Poline stated he planned to present plans within six weeks. Mr. Poline stated he understood the Arapahoe County Fair Association had requested Council to evoke the emergency clause on the ordinance so that the zoning would be .final at this second reading. Council Member Bradshaw expressed her disappointment that no specific plans were available at this meeting. There was no one else to speak in favor. Mayor Otis asked if there was anyone to speak against the ordinance. Lee Wayne Fowler, 3926 South Pennsylvania, came forward. Under testimony, Mr. Fowler stated it was his understanding that Mr. Sakdol resigned from the Arapanoe County Fair Association and asked how Mr • Sakdol could be their representative at this meeting. Mr. Fowler asked why the developer did not have any plans. Mr. Fowler contended the Arapahoe County Fair Association stated the land could not be used for anything but the fair. Mr. Fowler presented a copy of a deed dated February 13, 1947 where the Arapahoe County Fair Association, Inc deeded property to the Arapahoe County Board of County Commissioners. Mr. Fowler was unaware of any public hearing held on annexing the land to the City of Englewood. Mr. Fowler stated he was afraid his taxes would increase. He did not want to see the fair move. Mr. Fowler asked why not move the fairgounds to the old race track. Council called Mr. Sakdol to respond to Mr. Fowler's question as to how he (Mr. Sakdol) could represent the fairgrounds associat i on at this meeting, what was the nature of his capacity, and was it true that he had resigned. Mr. Sakdol stated he was formerly a member of Board of Directors of the Arapahoe County Fair Association. When the Association hired him as project manager for the development of the new fairgrounds and the race track, they also designated him to handle the sale, etc. thus he became the personal representative for the Association as appointed by the Board. Hr. Sakdol stated the capacity continued through this meet- ing. Mr. Sakdol stated the old race track (Centennial) was sold to other • I • • • August 27, 1984 Page 6 • • - land developers and the Association never had interest by way of owner- ship. Mr. Sakdol stated the reason behind the fairground moving elsewhere was because the fair needed support from a revenue source. Mr. Sakdol clarified the Arapahoe County Fair Association was not part of Arapahoe County. The Association was a non-profit agency and over the years it has been subsidized by the County. At the new location the County would no longer subsidize the fair; and therefore, no tax dollars would be involved. Revenue support would come out of the race track and other developments on the property acquired by the Association. Mr. Sakdol stated the fair would be held at the new site next year with essentially the same format. Mr. Sakdol stated all monies derived from the profit of the race track would go back into the community through the development of various fair facilities, e.g. 4-H activities. Rather than be a tax burden on the residents of Arapahoe County, it would be an asset. In response to Council Member Neal's question, Mr. Sakdol stated he (Mr. Sakdol) had no personal interest in how the City of Englewood zoned the subject property. Mr. Sakdol added if the City zoned the land inconsistent with the agreement and for some reason the sale would not close, Brock Homes had an option to walk away from the deal and the Association would get the property back. Mr. Sakdol stated in that re- spect he would be highly interested in it because as project manager it would be his responsibility to do something with the property. Mr. Sakdol confirmed he had no personal involvement in the fu- ture development of the property. Hr. Poline returned to responded to Mr. Fowler's question in that if Brock Homes had spent $11 million to date why no plans. Mr. Poline stated it would not be proper to bring plans to the meeting that concerned zoning. Hr. Fowler approved the submission of the aforementioned deed into the record. Larry McClimons, 5345 South Elmwood, came forward. Under oath, Mr. HcClimons stated he lived directly south of the subject property. Mr. McClimons stated he was under the impression the developer was trying to rush things through; the results of which may not be realized. Mr. McClimons expressed concern about the possibility of masses of people living in the newly annexed land. Mr. HcClimons questioned giving the developer a wide range of zoning choices, who has changed his ideas with- in a year. Hr. HcClimons asked Council to reconsider the lack of limits being placed on the developer. Council Member Neal asked Hs. Romans for clarification on the number of units permitted on an acre • • I • • - • August 27, 1984 Page 7 • • • Hs. Romans responded 40 units per acre was the maximum. ~~ /11::>, Hs. Romans read from the Comprehensive Zoning Ordinasich required the City to zone newly annexed land within 120 days. Hr. Romans stated zoning of this subject property could no longer be posf ed. Council Member Neal pointed out that the emergency clause in this ordinance did not eliminate any public input or hearing process. Hr. Neal stated the only thing it did was eliminate the 30 day period after publishing. Clyde Wiggins, 4975 South Inca, came forward. Hr. Wiggins pro- vided testimony supporting Council's recognition of the changes by the developer whereby the residential density appeared reduced. Hr. Wiggins urged Council to take their time with the developer until the plans were what they wanted. Council Member Higday noted the zoning could be changed. Hr. Wiggins asked what was going to be done about traffic. Council Member Bradshaw stated that would be part of the planned development. There was no one else to speak on the ordinance at this time. COUNCIL MEMBER HIGDAY MOVED TO CLOSE THE PUBLIC HEARING. Coun- cil Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried. ORDINANCE NO. 35 SERIES OF 1984 BY AUTHORITY • COUNCIL BILL NO. 31 INTRODUCED BY COUNCIL MEMBER BILO I • • • August 27, 1984 Page 8 • • • AN ORDINANCE ZONING NEWLY ANNEXED PARCELS OF LAND TO THE CITY OF ENGLE- WOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM AN UNZONED CLASSIFICATION TO R-3, HIGH DENSITY RESIDENCE, AND B-2, BUSINESS, AND DECLARING AN EMERGENCY. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 31, SERIES OF 1984 ON FINAL READING. Council Member Higday seconded the motion. Council Member Neal stated he was in favor of the ordinance on the basis of the amount of effort and compromise among parties put into realizing what should happen to the property. Mr. Neal stated there were certain things he would like to see developed with this land, but real- ized it could not be entirely residential because the land was too valu- able. Mr. Neal stated ultimately the traffic problems could be resolved and Englewood was fortunate to be in the position it was in. Council Member Higday spoke in favor of the ordinance. Mr. Higday stated it did not bother him that no planned development existed. Mr. Higday pointed out the times that the downtown development changed because of market analyses. Mr. Higday noted if the market analyses show there should not be as much residential area as desired then something else would have to be done. Mr. Higday stated Littleton has agreed this concept was compatible with their City even though there may be some citizens who disagree. Council Member Bradshaw stated the planned development was the control over the project, and she would hound folks about R-3 to make sure any development going into Englewood or Littleton did not adversely affect residential or park areas. Council Member Neal supported Council Member Bradshaw's concern over the buffer zone to the north section. He would not support any radical departure from the friendly-use bordering that part. Council Member Bilo stated the rationale behind his questions was to show concern which the developer needed to understand. Upon a call of the roll, the vote to pass Council Bill on final read ing resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried • • I • • (' • August 27, 1984 Page 9 • • • • • • .. • • • Council recessed at 7:00 p.m. and reconvened at 7:10 p.m. Upon a call of the roll, the following were present: Council Members Higday, Neal, Vobejda, Bradshaw, Otis. Absent: Council Members Weist, Bilo. The Mayor declared a quorum present. Council Member Bilo entered the meeting at 7:15 p.m • • • • • • • • COUNCIL MEMBER BILO MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER AN ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL REVENUE BONDS. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried. Steve Bell, Hanifen Imhoff, appeared before Council. Under testimony, Mr. Bell stated the purpose of meeting and public hearing was to meet the requirement enforced by the Tax Equity and Fiscal Responsi- bility Act which mandated that any issuance and sale of industrial de- velopment bonds must be accompanied by a public hearing for that munici- pality. This hearing was to consider industrial development bonds to be issued on behalf of the borrower, Englewood Redevelopers, Ltd, a Colorado limited partnership for construction of the King Soopers Plaza project. Mr. Bell stated one critical item for this type of industrial development bond issue was the credit enhancement from Silverado Savings in the form of a letter of credit. Mr. Bell stated he had recommended previously approval of authorization of issuance and sale when the letter of credit was committed and in hand. The letter of credit was unavailable at this meeting; and he recommended delaying the hearing to a later day of this week at which time the letter would be available. Henry Burgwyn, Brady Corporation, 727 Monroe Street, came for- ward. Under oath, Mr. Burgwyn discussed the King Soopers project and the manner in which the bond proceeds would be applied. Mr. Burgwyn stated the project should generate approximately 110 new jobs and the City has • I • • - ( ' • • August 27, 1984 Page 10 • • • projected an increase of $250,000 in property and sales taxes from the project. Mr. Burgwyn stated the bond issue was different from others in that the lender, Silverado Savings, has agreed to make Brady a conven- tional construction loan of $9,000,000 and the bond proceeds would be used to repay the construction loan next spring when the project was complete. Mr. Burgwyn stated King Soopers was scheduled to open for occupancy and sales the last day of January or first day of February, 1985. Mr. Burgwyn stated the parties were anxious to close the construc- tion loan the latter part of the week and begin repaying some expenses thus far. Council Member Bradshaw asked why the delay, noting Council has had delays with the Brady Corporation on several hearings. Mr. Burgwyn stated the letter of credit was the important ingre- dient of the bond issue. Silverado indicated on Friday a willingness to proceed. Mr. Burgwyn stated part of the delay was arriving at a specific interest rate and the need for two more days to market the bonds through Boettcher. Mr. Burgwyn stated they planned around this meeting, but unfortunately missed it by two days. Council Member Bradshaw stressed the need to set realistic dates in the future. COUNCIL MEMBER NEAL MOVED TO CONTINUE THE PUBLIC HEARING TO 5:00 P.M. ON WEDNESDAY, AUGUST 29TH. Council Member Higday seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried. Council recessed at 7:25 p.m. on Monday, August 27, 1984; and reconvened at 5:15 p.m. on August 29, 1984. Upon a call of the roll, the following were present: Council Members Higday, Vobejda, Bilo, Bradshaw, Otis. Absent: Council Members Neal, Weist. The Mayor declared a quorum present. Also present were: City Manager McCown Assistant City Manager Vargas • I • ....... • • • August 27, 1984 Page 11 • • .. City Attorney Olsen Assistant City Manager for Economic Development Powers Deputy City Clerk Owen COUNCIL MEMBER BRADSHAW MOVED TO CONTINUE THE PUBLIC HEARING ON THE ISSUANCE OF INDUSTRIAL REVENUE BONDS. Council Member Vobejda sec- onded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Absent: Council Members Higday, Vobejda, Bilo, Bradshaw, Otis. None. Council Members Neal, Weist. The Mayor declared the motion carried. Mayor Otis asked if there was anyone else wishing to speak to Council on the subject ordinance. Steve Bell, reappeared before Council. Mr. Bell recalled that passage of the bond ordinance was conditional upon surety of an irrevoc- able letter of credit and a surety policy by Industrial Indemnity Cor- poration. Mr. Bell stated the surety policy did not exist, but the letter of credit from Silverado Savings did and provided adequate se- curity for the bonds. Mr. Bell stated he received the commitment and ' letter of credit from Silverado Banking outlining the issuance of a $9,000,000 letter of credit. The bonds would be issued in the amount of $9,500,000, and the additional $500,000 would be secured by a funded reserve from bond proceeds. Hr. Bell stated $360,000 of bond proceeds and the interest earned would be set aside for reserve pledged to the repayment of the term bonds. Hr. Bell recommended passage of the ordi- nance. Hr. Bell explained the letter of credit would be in effect at the closing when bonds were actually authorized and delivered. If the letter of credit was not executed concurrently with the closing document then the officials of the City would not sign the delivery certificate. There were no further comments. COUNCIL MEMBER BRADSHAW MOVED TO CLOSE THE PUBLIC HEARING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Vobejda, Bilo, Bradshaw, Otis • I • • - • • • ' • August 27, 1984 Page 12 Nays: Absent: • • • None. Council Members Neal, Weist. The Mayor declared the motion carried. ORDINANCE NO. 36 SERIES OF 1984 BY AUTHORITY COUNCIL BILL NO . 35 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF $9,500,000 CITY OF ENGLEWOOD, COLORADO, INDUSTRIAL DEVELOPMENT REVENUE BONDS (KING SOOPERS PLAZA PROJECT) SERIES 1984, TO FINANCE PROPERTY SUITABLE FOR USE FOR COMMERCIAL OR BUSINESS ENTERPRISES; RATIFYING CERTAIN ACTIONS HERETOFORE TAKEN; AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A FINANCING AGREEMENT, INDENTURE OF TRUST, BOND PURCHASE AGREEMENT, INDUCEMENT LETTER, FINAL OFFICIAL STATEMENT, SAID BONDS AND CLOSING DOCUMENTS IN CONNECTION THEREWITH; AND REPEALING ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH • COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 35, SERIES OF 1984, ON FINAL READING. Council Member Vobejda seconded the motion. Council Member Weist entered the meeting at 5:25 p.m. Fred Marienthal, Kutak Rock & Huie, 707 Seventeenth Street, came forward. Under oath, Hr. Marienthal asked Council to approve the second reading of the bond ordinance and a resolution setting forth the interest rate at 10.000\ per annum. Upon a call of the roll, the vote on Council Bill No. 35 re- sulted as follows: Ayes: Nays: Absent: Council Members Higday, Vobejda, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. RESOLUTION NO. 33 SERIES OF 1984 • I • • f • • • • August 27, 1984 Page 13 A RESOLUTION AUTHORIZING THE SALE OF THE CITY'S INDUSTRIAL DEVELOPMENT REVENUE BONDS (KING SOOPERS PLAZA PROJECT) SERIES 1984; PRESCRIBING CER- TAIN DETAILS CONCERNING SAID BONDS; RATIFYING THE FORM OF THE INDENTURE OF TRUST, THE FINANCING AGREEMENT, THE INDUCEMENT LETTER, THE FINAL OFFI- CIAL STATEMENT AND THE BOND PURCHASE AGREEMENT TO BE EXECUTED IN CONNEC- TION THEREWITH AND OTHER MATTERS; AND PROVIDING THE EFFECTIVE DATE OF THIS RESOLUTION. Council Member Bilo noted receipt of all the necessary documents that were needed to continue the hearing. COUNCIL MEMBER BILO MOVED TO PASS RESOLUTION NO. 33, SERIES OF 1984. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: meeting. Ayes: Nays: Absent: Council Members Higday, Vobejda, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried • .. .. .. .. .. .. .. There was no further business due to the special status of the COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting at 5:30 p.m. without a vote. • I • • - • • REGULAR MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado September 4, 1984 /~ The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on September 4, 1984, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Reverend Thomas McEwen, Grace Ev Lutheran Church , 4750 South Clarkson Street. The pledge of allegiance was led by Mayor Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Neal, Vobejda, Weist, Bilo, Otis. Absent: Council Members Higday, Bradshaw. The Mayor declared a quorum present. * * * * * * * Also present were: City Manager McCown Assistant City Manager Vargas City Attorney Olsen Fire Chief Broman Deputy City Clerk Owen * * * * * * * COUNCIL MEMBER WEIST MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF AUGUST 20, 1984. Council Member Bilo seconded the motion. City Manager McCown noted changes to the minutes. At the top of page 4, the aye vote should reflect "Otis" instead of "Weist," and at the top of page 6, the nay vote should be "None" with "Mayor Pro Tern Bradshaw abstaining." Council accepted the editorial changes and upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Vobjeda, Weist, Bilo, Otis. Nays: None. Absent: Counc i l Members Higday, Bradshaw. I • • • • • • September 4, 1984 Page 2 The Mayor declared the motion carried. • * * • * * * There were no pre-scheduled visitors. * * * * * * * There were no other visitors. * * * * * * * "Communications -No Action Recommended" on the agenda were: (a) (b) (c) (d) Minutes of the Liquor License Authority meetings of June 27, July 11, and August 8, 1984. Minutes of the Water and Sewer Board meeting of July 10, 1984. Minutes of the Planning and Zoning Commission meeting of August 7, 1984 • Minutes of the Public Library Advisory Board meeting of August 14, 1984. COUNCIL MEMBER NEAL MOVED TO ACCEPT "COMMUNICATIONS -NO ACTION RECOMMENDED," AGENDA ITEMS S(A) -S(D). Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Vobejda, Weist , Bilo, Otis. Nays: None. Absent: Council Members Higday, Bradshaw. The Mayor declared the motion carried. * * * * * * * Mayor Otis presented a letter from Ms. Geraldine L. Allan re- signing as Associate Judge for Mun ici pal Court. COUNCIL MEMBER WEIST MOVED TO ACCEPT WITH REGRET THE LETTER FROM MS. GERALDINE L. ALLAN CONCERNING HER RESIGNATION AS ASSOCIATE JUDGE IN MUNICIPAL COURT. Council Member Bilo seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes: Council Members Neal, Vobejda, Weist, Bilo, Otis. I • • • • September 4, 1984 Page 3 Nays: None. • • • Absent: Council Members Higday, Bradshaw. The Mayor declared the motion carried. Council instructed staff to write a letter accepting her re- signation with regret and express appreciation for her service. Mayor Otis stated there would be discussion on the topic of appointing Assoc i ate Judges i n the near future. * * * * * * * Mayor Otis presented a let t er from Ar a pahoe County, concern i n g a request to waive contractor fees and pe r mi t s fees for Pro j ect HEAT. Cou nci l Membe r Neal stated to his k n ow l edge there has ne v e r b een a wa i ver o f f ees o n a ny installat i on. Mr . Ne al suggested tha t the p ermit fees and us e ta x f e e s as s oc i ated with any solar i nstallation unde r the HEAT program be kept track of; and perhaps at the end of the year th e Bu i ld i ng Depa r tment cou l d repo r t the dol lar amount collected for t he solar p a ne ls afterwhich , a s a 19 86 a ppr o pr i ation out of the aid t o ot her agen ci es budget , Counc il wo uld appro pr ia e a n amount equal to what was co llected. Ass i stan t Ci y Manager Vargas cam forward a nd presented add i - ti o nal info r mation. Mr. Vargas r f r r d to a lette r written by Arapa hoe Co u nt y Comm issioner Egger ha raised wo co ncerns . One was the un its they wished to instal l w r e no c r if1 d b y ICBO no r UL listed par tly b eca u se P roject HEAT was ge ti n g low co s solar unit s to extend the am ount of units they migh t be a b le to pu t i n wi th the f unding t hey had . Mr . Vargas stated staff respo nded ha t hi s was unac cep t able a nd t hat any unit installed would have to me et the c ode, wh i ch meant UL li s ted or acceptable by ICBO. The lette r presentl y before Council i nd icated the units would meet the City's bu il d i ng and f i re codes. Mr. Vargas stated that now left the i ssue of waivi ng fees. Mr. Vargas stated waiving fees did not mean wa i v i ng the standards or requirements because those would be met through the type of equipmen t . City Manager McCown expressed concern on the issue of contractor fees. Mr. McCown stated this should be a separate issue because contrac- tors may do work different from Project Heat . Council Member Neal stated the costs could be recorded even this year if the units were installed this year . No further act i on was taken. • I • • • September 4, 1984 Page 4 ORDINANCE NO. 37 SERIES OF 1984 * * • • • * * * BY AUTHORITY * * COUNCIL BILL NO. 24 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, COLORADO, BY ADDING A NEW SECTION CONSTITUTING A PORTION OF THE COMPRE- HENSIVE ZONING ORDINANCE FOR THE CITY OF ENGLEWOOD, COLORADO, FOR THE PURPOSE OF PROMOTING THE HEALTH, SAFETY, MORALS AND GENERAL WELFARE OF THE COMMUNITY; TO REGULATE, PERMIT, CLASSIFY AND RESTRICT THE APPEARANCE, SIZE, CHARACTER, AND HEIGHT OF FENCES; WHICH ORDINANCE IS ADOPTED PUR- SUANT TO THE CONSTITUTION OF THE STATE OF COLORADO AND THROUGH THE EXER- 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 MATTER, THE INTENT OF THIS PORTION OF THE COMPRE- HENSIVE ZONING ORDINANCE BEING TO SUPERSEDE WITHIN THE TERRITORIAL LIMITS AND OTHER JURISDICTION OF THE CITY OF ENGLEWOOD THE GENERAL LAW OF THE STATE OF COLORADO IN CONFLICT HEREWITH, AND PRESCRIBING PENALTIES AS SET FORTH IN THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD WHICH SHALL APPLY TO VIOLATIONS OF THE PROVISIONS OF THIS ORDINANCE. COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 24, SERIES OF 1984, ON FINAL READING. Council Member Weist seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Vobejda, Weist, Bilo, Otis. Nays: None. Absent: Council Member Higday, Neal. The Mayor declared the motion carried. ORDINANCE NO. 38 SERIES OF 1984 * * * * BY AUTHORITY * * * COUNCIL BILL NO. 36 INTRODUCED BY COUNCIL MEMBER BRADSHAW FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE REGIONAL TRANSPOR- TATION DISTRICT AND THE CITY OF ENGLEWOOD RELATING TO A BUS PASSENGER SHELTER AT EVANS AND ZUNI • • I • • - • • September 4, 1984 Page 5 • • • COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 36, SERIES OF 1984, ON FINAL READING. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Vobejda, Weist, Bilo, Otis. Nays: None. Absent: Council Members Higday, Bradshaw. The Mayor declared the motion carried. ORDINANCE NO. 39 SERIES OF 1984 * * * * BY AUTHORITY * * * COUNCIL BILL NO. 37 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE AMENDING TITLE I, CHAPTER 4, SECTION 10, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, RELATING TO THE CITY COUNCIL ORDER OF BUSINESS. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 37, SERIES OF 1984, ON FINAL READING. Council Member Vobejda seconded the motion. Council Member Bilo requested items such as the notification requirement of executive session and what constitutes a quorum be ad- dressed specifically when the rules and procedures are discussed in a study session. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Vobejda, Weist, Bilo, Otis. Nays: None. Absent: Council Members Higday, Bradshaw. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1984 * * * * BY AUTHORITY * • * * COUNCIL BILL NO. 38 INTRODUCED BY COUNCIL MEMBER NEAL I • • • September 4, 1984 Page 6 • • • A BILL FOR AN ORDINANCE GRANTING TO THE SOUTHWEST CHERRY HILLS WATER DISTRICT, A PERMIT TO CONSTRUCT AND MAINTAIN A WATER CONDUIT THROUGH THE CITY OF ENGLEWOOD, COLORADO, A MUNICIPAL CORPORATION. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 38, SERIES OF 1984, ON FIRST READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Vobejda, Weist, Bilo, Otis. Nays: None. Absent: Council Members Higday, Bradshaw. The Mayor declared the motion carried • ORDINANCE NO. SERIES OF 1984 • • • • BY AUTHORITY A BILL FOR • • • COUNCIL BILL NO. 3 9 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE TO ESTABL I SH USEFUL PUBLIC SERVICE AS AN ALTERNATE PUNISH- MENT 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 MUNIC I PAL CODE '69, AS AMENDED. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 39, SERIES OF 1984, ON FIRST READING. Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Vobejda, Weist, Bilo, Otis. Nays: None. Absent: Council Members Higday, Bradshaw. The Mayor declared the motion carried • • • • * • • • BY AUTHORITY • I • • • • September 4, 1984 Page 7 ORDINANCE NO. SERIES OF 1984 • • • A BILL FOR COUNCIL BILL NO. 4 1 INTRODUCED BY COUNC I L MEMBER BILO AN ORDINANCE APPROVING A LEASE BETWEEN SCHOOL DISTRICT NO. 1, ARAPAHOE COUNTY, COLORADO, AND THE CITY OF ENGLEWOOD, COLORADO, FOR ROOM 16 AT MADDOX SCHOOL TO BE USED AS A SMALL NATURE CENTER. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 41, SERIES OF 1984, ON FIRST READING. Council Member Weist seconded the mo ti on . Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Abs ent : Counc i l Members Hi gday, Neal, Vobejd a , B il o, Bradshaw, Otis. None. Counc i l Me mb e r Wei s t . The May o r declared the mo ti on ca rr i ed • ORDINANCE NO. SERIES OF 1 984 * * * * BY AUT HORIT Y A BILL FOR * * * COU NC I L BILL NO. 40 INT ROD UCED BY COUNCIL ME MB ER B I LO AN ORDINANCE GRANTING A PERMANENT EASEMENT TO MOUNTAIN STATES TELE PHONE AND TELEGRAPH CO MPAN Y FO R INSTALLATION OF TELEPHONE EQUIPMENT AT ENGLEWOOD RECREATION CENTER AND DECLARING AN EMERGENCY. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 40, SERIES OF 1984, ON FIRST READING. Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Vobejda, Weist, Bilo, Otis. Nays: None. Absent: Council Members Higday, Bradshaw. The Mayor declared the motion carried. • I • • • • September 4, 1984 Page 8 * * * • • • * * * * City Manager McCown presented a Council Communication from the Fire Chief concerning a bid award for fire hose. Mr. McCown noted the award of bid was to the third lowest bidder. Fire Chief Broman came forward and explained the rationale be- hind awarding the bid to the third lowest bid. Chief Broman stated the City went to competitive bid and six bids were received ranging from a low of $8,610 to a high of $11,050. The three low bids were within $50 of each other and the delivery times were similar. Chief Broman recom- mended award to Becker Fire Equ i pment in the amount of $8,660 because their delivery time was favorable and because both of their proposed hos e groups were compatible with the C i ty's. Chief Broman noted the award was under the budget estimate of $10,000 for this equipment. COUNCIL MEMBER VOBEJDA MOVED TO APPROVE THE AWARD OF BID TO BECKER FIRE EQUIPMENT FOR THE AMOUNT OF $8,660. Counc i l Member B il o seconded the motion. Upon a ca l l of the roll, the vote resu lted a s follows: Ayes: Counc i l Members Neal, Vobejda, Weist, Bilo, Ot i s . Nays: None. Absent: Council Members Higday, Bradshaw. The Mayor declared the motion carried. * * * * * * * C i t y Manager McCown s tated t h e Den v er Reg i onal Counc i l of Go ve rnme nt s i nq ui red if Eng lewood was intere s ted i n p a r ti c i pat i ng in a c e n t r alized firefi g hter entry level testing program . Mr . McCown n o ted the City already participates in a similar program called COPS with the Denver Regional Council of Governments for recruitment of po lice offi- cers. Mr . McCown stated the advantage to Englewood is that En gle wood would not have to administer the same test for all recruitments . The advantage for the applicant was that he or she could go to a central location, take the test, and get on all the DRCOG participant 's list without having to go to each agency and take the test time and time again. Mr . McCown stated the estimated cost to the City of Englewood was $1,364 which compared to $5 ,000 currently being spent in-house . Mr . Mc Cow n requested authorization to send DRCOG a letter of inte n t by the end of the week to i n itiate interest. Implementation would come at a later date . • I • • • September 4, 1984 Page 9 • • - Chief Broman came forward and spoke favorably toward Englewood participating. COUNCIL MEMBER NEAL MOVED THAT THE CITY OF ENGLEWOOD SIGNAL ITS LETTER OF INTENT TO JOIN IN THIS COMMON ORGANIZATION. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Vobejda, Weist, Bilo, Otis. Nays: None. Absent: Council Members Higday, Bradshaw. The Mayor declared the motion carried. * * * * * * * City Manager McCown submitted the proposed 1985 budget. COUNCIL MEMBER BILO MOVED TO SET A PUBLIC HEARING ON MONDAY, SEPTEMBER 24, 1984, AT 7:30 P.M. FOR THE PROPOSED BUDGET AND PROPOSED USES FOR GENERAL REVENUE SHARING FUNDS FOR 1985. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Vobejda, Weist, Bilo, Otis. Nays: None. Absent: Council Members Higday, Bradshaw. The Mayor declared the motion carried. * * * * * * * There was no further business discussed. COUNCIL MEMBER BILO MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 8:30 p.m. (/fputy C1ty Clerk • I • • • • • • taB P R 0 C L A M A T I 0 N WHEREAS, hunting and fishing have always been important parts of the American tradition. While these activities may no longer be necessary for survival as in colonial times, they are still rele- vant even in today's modern society; and WHEREAS, for more than 100 years, sportsmen have been in the forefront of the conservation movement. Not content with words alone, hunters and fishermen requested special fees and taxes on their equipment to pay for wildlife management and other conserva- tion programs, having contributed over $5 billion for conservation over the years; and WHEREAS, these sportsmen-financed programs have led to dramatic comebacks of many species such as white-tailed deer, elk, antelope and wild turkey and have benefited all wildlife; and WHEREAS, both as individuals and through their organizations, hunters and fishermen volunteer countless hours of their time for local conservation projects and to raise funds for conservation; NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, commend hunters and fishermen for their efforts on behalf of wildlife and their contributions to conserva- tion and hereby do proclaim Saturday, September 22, 1984 as HUNTING AND FISHING DAY in the City of Englewood and call upon all our citizens to join with sportsmen-conservationists in their efforts to ensure the wise use and proper management of our natural resources to benefit future generations. GIVEN under my hand and seal this 17th day of September, 1984. ~e~ 7((C}4 '~ne L. otu, Mayor • I • • • • .. P R 0 C L A M A T I 0 N WHEREAS, hunting and fishing have always been important parts of the American tradition. While these activities may no longer be necessary for survival as in colonial times, they are still rele- vant even in today's modern society; and WHEREAS, for more than 100 years, sportsmen have been in the forefront of the conservation movement. Not content with words alone , hunters and fishermen requested special fees and taxes on their equipment to pay for wildlife management and other conserva- tion programs, having contributed over $5 billion for conservation over the years; and WHEREAS, these sportsmen-financed programs have led to dramatic comebacks of many species such as white-tailed deer, elk, antelope and wild turkey and have benefited all wildlife; and WHEREAS, both as individuals and through their organizations, hunters and fishermen volunteer countless hours of their time for local conservation projects and to raise funds for conservation; NOW, THEREFORE, I , EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, commend hunters and fishermen for their efforts on behalf of wildlife and their contributions to conserva- tion and hereby do proclaim Saturday, September 22, 1984 as HUNTING AND FISHING DAY in the City of Englewood and call upon all our citizens to join with sportsmen-conservationists in their efforts to ensure the wise use and proper management of our natural resources to benefit future generations. GIVEN under my hand and seal this 17th day of September, 1984. Eugene L. Otis, Mayor • I • • • I. CALL TO ORDER. • • • URBAN RENEWAL AUTHORITY August 1, 1984 5 A The regular meeting of the Englewood Urban Renewal Authority was called to order at 5:35 P. M. by Vice-Chairman Lawrence Novicky. !te!llbers present: Cole, Minnick, Novicky, Totton Mcintyre, Non-voting Alternate Pow e rs, Executive Director Members abs ent: Voth, Neal, VanDyke Also present: City Manager McCown Civil Engineer Dense! Ragland Re l o cation Officer Judith Belnap Ec on o mi c Development Planner Wm. Richard Hinson II. APPROVAL OF MI NUT ES. July 11, 1984 Mr. Novicky stated that the Minutes of July 11, 1984, were to be considered for approval. Di s cussio n ensued. Cole moved: Minnick s e conded: Th e Minutes of July 11, 1984 be approved as amended. AYES: Cole , Minn ick, Novicky, Totton NAYS: None ABSENT: Ne al, VanDyk e , Voth ABSTA IN: No n e Th e motion carried . III . ENGLEWOOD PARKW AY Pre-purchase of Trees Mr. Dense! Ragland, Civil Enginee r fo r the City o f Englewood, was present to discuss a proposal for pre-purchase of tre e s f o r the Parkway. The r e- quest is to pr e-pur chase the l arge trees this Fal l for shipment in the Spring of 1985, to a u thorize a depo sit for the se trees with the nursery, a nd to authorize EDAW p ersonn e l t o travel ou t -of-state to locate, tag, and arrange shipment of these t rees . Estimates for the out-of-state travel is $5,120. Discussion ensued. It was the cons e n s us of the Authority that this matter be investigated furth r, and t hat EDAW should c ontac t local nurseries t o determine what is in stock, a n d wh e ther they could obtain the desire d s pecies , size and shape desired for the Parkway • • I • • • • • • -3- Creek. Another large cost which has contributed to a projected budget deficit on Little Dry Creek is the new bridge across South Broadway. Ms. Powers stated that within the next two weeks there should be more information available on the projected budget for Little Dry Creek. VII. AMENDMENT TO AGREEMENT FOR DEVELOPMENT AND DISPOSITION. Ms. Powers stated that information on this item had not been received and that a special meeting would have to be scheduled for August Bth to dis- cuss this. Ms. Powers summarized events leading up to the proposed amend- ment of the Agreement between the Authority and the redeveloper, and sug- gestions that have been submitted by Mr. Opperman, legal counsel to the Authority. VIII. DEMOLITION OF BUILDINGS. Ms. Powers stated that the redeveloper has acquired the Fiedelman property along Girard Avenue, part of which will be purchased by the Authority from the redeveloper for the Englewood Parkway. These buildings will have to be demolished to accommodate the Parkway construction; the schedule for the tenants to vacate the premises is September 1. IX. LAND ACQUISITION. Ms. Powers stated that there are several resolutions to be considered by the Authority at this meeting, pertaining to acquisition of property and the transfer of funds to facilitate the acquisition of property. Ms. Ragland excused herself from the meeting at 6:45 P. M. Mr. Hinson discussed sites that remain to be purchased by the Authority, which sites are needed f o r Little Dry Creek improvements, or for the Englewood Parkway. Minnick moved: Cole seconded: The Urban Renewal Authority adopt Resolution #34, Series of 1984, A RESOLUTION OF THE URBAN RENEWAL AUTHORITY AS- SERTING THAT THE APPRAISED VALUE AS DETERMINED BY JUSTIN H. HAYNES & COMPANY FOR THE PROPERTY/LEASEHOLD INTEREST AT THE NORTHEAST CORNER OF WEST FLOYD AVEN UE AND SOUTH CHEROKEE STREET (P.P.I. #1971-34-3-00 -056) ENGLEWOOD, CO. 80110 IS THE FAIR MARKET VALUE OF SAID PROPERTY/ LEASEHOLD INTEREST, AND DIRECTING THE AUTHORITY'S NEGOTIATOR TO USE SAID FAIR MARKET VALUE AS THE BASIS OF NEGOTIATIONS TO ACQUIRE SAID PROPERTY/LEASEHOLD IN- TEREST BY THE URBAN RENEWAL AUT HORITY. AYES: Novicky, Tot ton, Cole , Minnick NAYS: None ABSENT: VanDyk , Voth, Neal ABSTAIN: None The motion carri d • • I • • • • -2- IV. ENGLEWOOD PARKWAY Pre-purchase of Traffic Signal Items Ms. Ragland stated that the Authority had previously approved pre-purchase of traffic signalization equipment to be used along Englewood Parkway. In- formation has been received on the pre-purchase of signal hardware, signal poles and mast arms, and on the street lighting pole placement and attendant wiring, installation, etc. Information is not yet available on the computer and local intersection control units . City crews will be responsible for the installation of the signal hardware, and Public Service Company will be responsible for the street lighting along the Parkway. Ms. Ragland stated that th e City will contribute to the purchase of the computer, and that it will b e designed f o r a larger capacity than the signals along the Parkway . Ms. Ragland stated that this information is only to keep the Authority aware o f the progres s on the Parkway. V. ENGLEWOOD PARKWAY. Print i ng Fees Ms . Ra gland stated that the co n s truction of Englewood Parkway will be ad- v ert ised fo r b ids in t he near future, and the specifications for the con- struction are quit e leng thy. These specific ations need to be printed for dis tribution t o t he contrac t o r s . A charge of $75 per set will be levied, with $2 0 r e funda ble t o the contractor after the bid opening. A printing charge o f $5 ,000 is es t i mat e d, and McLaughlin Wat e r Engineers does have the staff a nd eq uipment available to handle the printing of these speci- fic ations . Ms. Ra gland s tated that there are time contraints on this pro - jec t . Ms. Ragland s t a ted that the construction specifications would be for Englewood Parkway and the conduit work that will be done this Fall. Discussion e nsued . To t ton moved: Cole seconded: The Urban Renewal Authority approve a budget of $5,000 to cover the cost of printing the construction specifications for Englewood Parkway and the conduit, said printing work to be done by McLaughlin Water Engineers. AYES: Novicky, Totton, Cole, Min nick NAYS: None ABSENT: Neal, VanDyke, Voth ABSTAIN: None The motion carried . VI. LITTLE DRY CREEK CONSTRUCTION COSTS . Ms. Powers stated that Brady 's staff is working with McLaughlin Water Engineers on the design of Little Dry Creek through the downtown section; one of the items under consideration is moving the hotel 15 feet to the west, which would decrease the amount of retaining wall need d along th I • • • • • -3- Creek. Another large cost which has contributed to a projected budget deficit on Little Dry Creek is the new bridge across South Broadway. Ms. Powers stated that within the next two weeks there should be more information available on the projected budget for Little Dry Creek. VII. AMENDMENT TO AGREEMENT FOR DEVELOPMENT AND DISPOSITION. Ms. Powers stated that information on this item had not been received and that a special meeting would have to be scheduled for August 8th to dis- cuss this. Ms. Powers summarized events leading up to the proposed amend- ment of the Agreement between the Authority and the redeveloper, and sug- gestions that have been submitted by Mr. Opperman, legal counsel to the Authority. VIII. DEMOLITION OF BUILDINGS. Ms. Powers stated that the redeveloper has acquired the Fiedelman property along Girard Avenue, part of which will be purchased by the Authority from the redevelop er for the Englewood Parkway. These buildings will have to be demolished to accommodate the Parkway construction; the schedule for the tenants t o vacate the premises is September 1. IX. LAND ACQUISITION. Ms. Powers stated that there are several resolutions to be considered by the Authority at this meeting, pertaining to acquisition of property and the transfer of funds to facilitate the acquisition of property. Ms. Ragland excu sed herself from the meeting at 6:45 P. M. Mr. Hinson discussed sites that remain to be purchased by the Authority, wh ich sites are needed f o r Little Dry Creek improvements, or for the Englewood Parkwa y . Minnick moved : Cole seconded: The Urban Renewal Authority adopt Resolution #34, Series of 1984, A RESOLUTION OF THE URBAN RENEWAL AUTii ORITY AS- SERTING THAT THE APPRAISED VALUE AS DETERMINED BY JUSTIN H. HAYNES & COMPANY FOR TilE PROPERTY/LEASEHOLD INTEREST AT THE NORTHEAST CORNER OF WEST FLOYD AV ENUE AND SOU'rn CHEROKEE STREET (P.P.I. 01971-34-3-00-056) ENGLEWOOD, CO . 80110 IS THE FAIR MARKET VALUE OF SAID PROPERTY/ LEASEHOLD INTEREST, AND DIRECTING TilE AUTHORITY'S NEGOTIATOR TO USE SAID FAIR MARKET VALUE AS TilE BASIS OF NEGOTIATIONS TO ACQUIRE SAID PROPERTY/LEASEHOLD IN- TEREST BY THE URBAN RENEWAL AUTHORITY. AYES: Novicky, Totton , Cole, Minnick NAYS: None ABSENT: VanDyke, Voth, Neal ABSTAIN: None The motion carried . • I • • • • • - -4- Totton moved: Cole seconded: The Urban Renewal Authority adopt Resolution #35, Series of 1984, A RESOLUTION OF THE URBAN RENEWAL AUTHORITY AS- SERTING THAT THE APPRAISED VALUE AS DETERMINED BY JUSTIN HAYNES & COMPANY FOR THE PROPERTY/LEASEHOLD INTEREST AT THE SOUTHERN END OF PARKING LOT ON NE CORNER OF S. CHEROKEE ST. AND W. GIRARD AVE. (PPI Ul971-34-3-00-014) ENGLEWOOD, CO. 80110 IS THE FAIR MARKET VALUE OF SAID PROPERTY/LEASE- HOLD INTEREST, AND DIRECTING THE AUTHORITY'S NEGOTIATOR TO USE SAID FAIR MARKET VALUE AS THE BASIS OF NEGOTIATIONS TO ACQUIRE SAID PROPERTY/LEASEHOLD INTEREST BY THE URBAN RENEWAL AUTHORITY. AYES: Totton, Cole, Minnick, Novicky NAYS: None ABSENT: VanDyke, Voth, Neal ABSTAIN: None The motion carried. Minnick moved: Cole seconded: The Urban Renewal Authority adopt Resolution #36, Series of 1984, A RESOLUTION OF THE URBAN RENEWAL AUTHORITY AS- SERTING THAT THE APPRAISED VALUE AS DETERMINED BY JUSTIN H. HAYNES & COMPANY FOR THE PROPERTY/LEASEHOLD INTEREST AT 140-144-146 WEST HAMPDEN AVENUE, ENGLEWOOD, COLORADO 80110 IS THE FAIR MARKET VALUE OF SAID PROPERTY/LEASEHOLD INTEREST, AND DIRECTING THE AUTHORITY'S NEGOTIATOR TO USE SAID FAIR MARKET VALUE AS THE BASIS OF NEGOTIATIONS TO ACQUIRE SAID PROPERTY/LEASEHOLD INTEREST BY THE URBAN RENEWAL AUTHORITY. AYESt Cole, Minnick, Novicky, Totton NAYS: None ABSENT: VanDyke, Voth, Neal ABSTAIN: None The motion carried. Minnick moved: Totton seconded: The Urban Renewal Authority adopt Resolution 1137. Series of 1984, A RESOLUTION OF THE URBAN RENEWAL AUTHORITY RE- QUESTING CITY COUNCIL TO TRANSFER MONIES FROM THE GENERAL FUND TO THE URBAN RENEWAL AUTHORITY FOR THE ACQUISITION OF THE PROPERTY ADJACENT TO AND NORTH OF WEST FLOYD AVENUE AND BETWEEN SOUTH BANNOCK STREET AND SOUTH CHEROKEE STREET IN THE 3200 BLOCK. AYES: Cole, Minnick, Novicky, Totton NAYS: None ABSENT: Voth, Neal, VanDyke ABSTAIN: None The motion carri d . • I • • ( • • • • -5- Minnick moved: Cole seconded: The Urban Renewal Authority adopt Resolution 038, Series of 1984, A RESOLUTION OF THE URBAN RENEWAL AUTHORITY TO ACQUIRE A PORTION OF 3405 SOUTH BROADWAY AND 50 WEST GIRARD AVENUE, ENGLEWOOD, COLORADO, TO BE USED AS RIGHT-OF-WAY FOR ENGLEWOOD PARKWAY AND TO AUTHORIZE THE EXECUTIVE DIRECTOR OF THE AUTHORITY TO EXECUTE THE INSTRUMENT OF SALE. AYES: Cole, Minnick, Novicky, Totton NAYS: None ABSENT: Neal, VanDyke, Voth ABSTAIN: None The motion carried. Cole moved: Minnick seconded: The Urban Renewal Authority adopt Resolution #39, Series of 1984, A RESOLUTION OF THE URBAN RENEWAL AUTHORITY TO PURCHASE 35,362 SQUARE FEET OF PROPERTY ADJACENT TO SOUTH CHEROKEE STREET IN THE 3400 BLOCK TO BE USED AS RIGHT- OF-WAY IN THE CONSTRUCTION OF ENGLEWOOD PARKWAY. AYES: Minnick, Novicky, Totton, Cole NAYS: None ABSENT: Neal, VanDyke, Voth ABSTAIN: None The motion carried. X. LIMITED PARTNERSHIPS. Ms. Powers stated that Mr. Deacon, legal counsel for the redeveloper, has requested a letter from the Authority approving the formation of limited partnerships by the Brady Corporation for the redevelopment projects in the downtown. The first limited partnership is to be formed for the con- struction of the King Soopers Plaza. The agreement states that before any such limited partnerships are formed, they must first be approved by the Urban Renewal Authority. Ms. Powers stated that she has discussed this issue with Mr. Benedetti. A letter giving approval of the formation of the limited partnerships, subject to approval of the Authority legal counsel and subject to conditions set forth in the Agreement, has been prepared for consideration by the Authority. Brief discussion ensued. Minnick moved: Totton seconded: The Urban Renewal Authority authorize Executive Director Powers to sign the letter directed to Mr. Bruce Dea con regarding the formation of limited partnerships by the redeveloper. AYES: Novicky, Totton, Cole, Minnick NAYS: None ABSENT: Neal, VanDyke, Voth ABSTAIN: None The motion carried • • I • • • • • • -6- XI . RELOCATION BE NEFITS . Ms. Belnap, Relocation Officer for the Authority, stated that in her con- tacts with businessmen that are being displaced, a lot of questions are being raised that are not now clearly covered in the Relocation Handbook. She stated that she would like to get something on the record pertaining to these questions on whether the costs for these items will be compensated or will not be compensated as part of a relocation claim. Ms. Belnap pointed out that some businesses have personal equipment that can be moved, but will not be functional in the new location until modifications are made to either plumbing, wiring, etc., and cited the need for oversize plumbing for commercial sinks and dishwashers, grease traps for commercial kitchens, and other i tems. Discussion ensued. Cole moved: Totton seconded: The Urban Renewal Authority determines that the costs to install equipment and fixtures considered personal property shall not be compensated as part of a business relocation claim. AYES: Novicky, Totton, Cole, Minnick NAYS: None ABSEN T : VanDyke, Vo th, Neal ABSTAIN: None The motion carried. Mr. Novicky stated that th e matt e r of the burglar alarm system will be cons idered at the n ext meeting. Ms. Belnap discussed a request for relocation benefits filed by Hammersmith Data Management, Inc., a business tenant at 3401 South Bannock Street. Ms. Belnap stated that the staff recommends payment of $4,365.71 to this business. Totton moved: Minnick seconded: The Urban Renewal Authority approve the payment of $4,366.00 to Hammersmith Data Management, Inc. as full payment of re- location benefits due this business. AYES: Totton, Cole, Minnick, Novicky NAYS : None ABSENT: VanDyke, Voth, Neal ABSTAIN: None The motion carried . Ms. Belnap discussed a request for relocation benefits for cartage of the equipment and inventory for Englewood Glass. This business will submit a further relocation claim for other moving expenses following the actual re- location of the equipment and inventory . Minnick moved: Gale second ed: The Urban Renewal Authority approve the payment of $37,549.00 to Englewood Glass as payment for cartage of equipment and inventory only • • I • • - • -7- AYE S: Co le , Minnic k, Novicky, To tton NAYS: No ne ABSENT: VanDyke, Voth, Neal ABSTAIN: No n e Th e motion carried. • • • Ms. Belnap discussed a request for relocation benefits filed by Mr. David Ellis, residential tenant at 3428-1/2 South Bannock Street. Ms. Belnap stated that this is a self-move. Ms. Belnap stated that the recommendation is t o pay Mr. Ellis the $2,580.00 in relocation benefits, and that the 30 day notice of vacation be waived . Minnick mov e d: Totton seconded: Th e Urban Renewal Authority approve payment to Mr. David Ellis of $2,580.00 in relocation benefits, as full and final payment of such benefits. AY ES : Cole, Minnick, Novicky, Totton NAYS: None ABSENT: Voth, Neal , VanDyke ABSTAIN: No n e The motion carried. XII. LAWSUIT UPDATE. Ms. Powers stated that cop ies of b riefs filed and orders from the Cou rt wer e included in th e packet for the Authority's information . Ms. Powers stated that the redeveloper is now in the process of removing asbestos fr om the i nterior o f the buildings on the west side of the 3300 block of South Broadway. XIII. CONTRACT FOR SALE 4702 South Washi ngton Street Mr. Hinson stated that a co ntract for sale of 4702 South Washington Street has been submitt d, with contingencies. The contract price is $89,000; the listing price was $89 ,900. Mr. Hinson discussed the contingencies in the contract , which include the sale and closing on the sale of the condominium owned by the prospective purchaser, an engineering report on the structure at 4702 South Washington to be paid for by the prospective purchaser, the prospective purchaser also has the first right-of-refusal for 72 hours if another offer is received on the house. Discussion e nsued. Minnick moved: Totton seconded: The Urban Renewal Authority approve the contract for sale of 4702 South Was hington Street , sale price at $89 ,000.00. AYES: NAYS: ABSENT: Cole, Minnick, Novicky, Totton None Neal, VanDyk , Voth • I • • - • • • • • -8- ABSTAIN: None The motion carried. XIV. BUDGET INFORMATION. Ms. Powers briefly discussed the budget information included in the packet. She stated that members of the staff plan to view some personal computers sometime next week. XV. DIRECTOR'S CHOICE. Ms. Powers stated that the staff has received written acceptance of the offer to purchase made to Mrs. Barbara Holthaus for her properties in the 3400 block of South Acoma Street. The staff has heard nothing from Mrs. Maud Coffey on the offer to pur- chase Englewood Hardware, 3427 South Acoma Street. The meeting adjourned at 8:55 P. M • • I • • - < • I. CALL TO ORDER. • • • URBAN RENEWAL AUTHORITY August 8, 1984 The Special Meeting of the Englewood Urban Renewal Authority was called to order at 5:30 P. M. by Chairman Robert J. Voth. Members present: Minnick, Neal, Totton, VanDyke, Voth Mcintyre, Non-voting Alternate Powers, Executive Director Members absent: Cole, Novicky Also present: Wm. R. Hinson, Economic Development Planner Densel Ragland, Civil Engineer Judith Belnap, Relocation Officer Peter H. Vargas, Assistant City Manager Andy McCown, City Manager II. MULLER ENGINEERING Contract Amendment. Ms. Powers stated that Ms. Ragland was present to address the proposed contract amendment. Ms. Ragland stated that Muller Engineering has asked for a design fee increase for Englewood Parkway. Ms. Ragland reviewed specific items included in the request, and pointed out monetary amounts that had been requested by Muller, and the monetary amounts recommended by the staff. The staff recommends that an increase in the contract with Muller Engineering in the amount of $13,178 be approved; this increase would bring the total amount of the Contract with Muller Engineering to $224,248. Discussion ensued. Totton moved: Minnick seconded: The Urban Renewal Authority approve the increase in the contract with Muller Engineering for design of the Englewood Parkway; said increase to be in the amount of $13,178. AYES: Neal, Totton, VanDyke, Voth, Minnick NAYS: None ABSENT: Novicky, Cole ABSTAIN: None The motion carried. • 5 A I • • • • - -2- III. STREET CLOSURE PRO POS AL. Ms. Ragland displayed drawings of modifications that are pro posed al on g South Elati Street to handl e the i nc reased traffic flow that will result from the cl os ure of South Cherokee, South Bannock, and Wes t Gira rd Avenue . Som e of the modificatio ns includ e cl osure of some points of acc e ss onto South Elati Street, rem oval and/or relocation of signals and restricted access to the City Hall parking lot on the north. Ms . Ragland discussed further constn>ction activity which will preclude the r eopening of West Hampden Avenue from Broadway west to So uth Bann ock Street. Discussion ensued. IV. ENGLEWOOD PARKWAY Pre-purchas e of Tre es }~. Powers reviewed the r e quest from EDAW for permission t o travel out- of-state to select and pre-purchase trees for planting along the Parkway, and the tone of the meeting last week when the Authori t y seemed reluctant to a '-prove such travel . Ms . Powers stated that Ms. Ragland has checked with l ocal nurseri es on the availability of such nursery stock in Colorado, and will report t o the Authority on her findings. Ms. Ragland stated that she did contact the Little Valley Wholesale Nursery in Brighton, and reported that Mr . Watson of that firm indicated to her that the trees of the size, shape, and quality, as we ll as variety, that are desired along the Parkway would have to be obtained outside Colorado . Mr . Watson cited a $10 per tree figure to do the pre-purchas ing service; at least one trip to view the nursery stock would be required, and very possibly two. Ms. Ragland stated that she had further discussed this matter with Mr . Hendricks of EDAW, and they feel that their quote of $5,120 cannot be decreased at this time. Hs. Ragland d i scussed the prob- lems in trying to oh tain the trees locally, and stated that the sta ff still recommends t hat the Authority authorize EDAW to do the pre-pu r chasing of tne trees for the quoted price of $5,120. Discussion ensued. Mr. Neal asked the budget for the purchase of 200 trees. Ms. Ragland stated that the budget is approximately $70,000, plus shipping charges. Totton moved: Neal seconded: The Urban Renewal Authority authorize the expenditure of $5,120 by EDAW to pre-purchase trees for the Englewood Parkway. AYES: Totton, VanDyk , Voth, Minnick, Neal NAYS: None ABSENT: Nov icky, Cole ABSTAIN: None The motion carried. V. ENGLEWOOD PARKWAY Traffic Comput r M • Pow rs r e view d copies of mem o randums which were included in the • I • • { ( • • • ,. • -3- packet regarding the purchase of the traffic computer and controller system. This equipment has been ordered, and should be delivered on or before October 31st. Discussion ensued. Ms. Powers stated that the labor to install the controllers was to be provided by the City, and the Traffic Division was also contributing funds for the purchase of the larger computer than what was needed for the Parkway. VI. AMENDMENT TO AGREEMENT FOR DEVELOPMENT AND DISPOSITION. Ms. Powers presented a proposed amendment to the Agreement between the Englewood Urban Renewal Authority, the Brady Development Corporation and S. Bud Brady. Ms. Powers reviewed occurances that have resulted in the proposed amendment. Discussion ensued. Neal moved: Minnick seconded: The Urban Renewal Authority approve and authorize signing of the amendment to the Agreement for De- velopment and Disposition by and between the Engle- wood Urban Renewal Authority and Brady Development Corporation and S. Bud Brady. AYES: Totton, VanDyke, Voth, Minnick, Neal NAYS: None ABSENT: Cole, Novicky ABSTAIN: None The motion carried. VII. LIMITED PARTNERSHIPS. Ms. Powers stated that the Agreement between the Urban Renewal Authority and Brady Development Corporation required approval by the Authority of all limited partnerships that may be formed, and at the last meeting of the Authority, a letter was authorized approving the formation of limited partnerships provided certain criteria is met. Ms. Powers stated that Mr. Benedetti has reviewed documents that have been submitted on the formation of Limited Partnerships, and has not determined any problems with the proposal. Ms. Powers stated that this is an informational item, and no action is required at this meeting. VIII. DEMOLITION OF BUILDINGS. Ms. Powers stated that it has been suggested that the Urban Renewal Au- thority jointly bid the demolition of buildings owned by the Authority with Brady Corporation. Ms. Powers cited buildings that will be de- molished in the near future to make way for the King Soopers Plaza and for the Englewood Parkway. Ms. Powers stated that there are questions, such as liability, that still have to be resolved, but it appears that by jointly bidding the demolition of these structures, both parties may receive a better bid. Ms. Powers stated that because 38ft. of the Fiedelman prop rty along West Girard Avenue is needed for Englewood Parkway, which is a public improvement and the responsibility of the • I • • ...... • • • .. -4- Authority, the Authority has been requested to share in the cost of demolition on these structures. Until the bid is let, the cost factor on the demolition of these two structures, and the share for which the Authority would pay, is unknown. Ms. Powers stated that she would like to determine the opinion of the Authority on this request. Discussion ensued. * * * * * Mr. Vargas excused himself from the meeting at 7:00 P. M. * * * * * Neal moved: VanDyke seconded: The Urban Renewal Authority authorize joint bids with Brady Development Corporation for demolition of buildings; the shared demolition cost on the Fiedelman property will be for that portion of the structure within the required right-of-way, for a cost up to $40,000 .00. AYES: VanDyke, Voth, Minnick, Neal, Totton NAYS: None ABSENT: Cole, Novicky ABSTAIN: None The motion carried. IX. LAND ACQUISITION REPORT. Ms. Powers stated that the Authority will close on purchase of the Holthaus property on September 6, 1984; will close on purchase of Graham Furniture on August 31st, and close on purchase of the right- of-way from the Fiedelman property on August 24, 1984. Offers to purchase are outstanding to Kravco and First Interstate Bank for purchase of parking lots, and an offer is outstanding to Brady De- velopment Corporation for purchase of right-of-way needed on South Cherokee Street. Ms. Powers discussed the ownership of the First National Bank building and parking lot adjacent to South Cherokee Street, noting that it is owned by CleveTrust from Ohio. Representatives from this company are meeting with Brady's people, and with her, to dis- cuss the needed right-of-way. Ms. Powers discussed the installation of a sanitary sewer line which will be in the right-of-way to be acquired, and that a water line can be placed in the existing street right-of-way along South Cherokee Street. Mr. Hinson stated that the FHA appraisal is in on 4702 South Washington Street, and it did appraise at $89,000. The final agreement for sale has not been signed. Ms. Ragland excused herself from the meeting at 7:05 P. M. Ms. Powers stated that Mr. Opperman has filed for immediate possession on properti s owned by Messrs. Lewan, Forington, Gallagher, and Calkins. The hearing on this matter will be August 31 before Judge Levi • • I • • ( • • • - -5- Minnick moved: VanDyke seconded: The Urban Renewal Authority go into Executive Session for further discussion on land acquisition. AYES: Voth, Minnick, Neal, Totton, VanDyke NAYS: None ABSENT: Cole, Novicky ABSTAIN: None The motion carried. Minnick moved: * * * * * Totton seconded: The Urban Renewal Authority come out of Executive Session. AYES: Minnick, Neal, Totton, VanDyke, Voth NAYS: None ABSENT: Cole, Novicky ABSTAIN: None The motion carried. VanDyke moved: Minnick seconded: The Urban Renewal Authority reject the verbal counter- offer of Mr. Jim Golladay for his property at 140-44- 46 West Hampden Avenue, and ask that documentation be presented to substantiate a counter-offer. AYES: Minnick, Neal, Totton, VanDyke, Voth NAYS: None ABSENT: Novicky, Cole ABSTAIN: None The motion carried. X. RELOCATION CLAIM GUIDELINES . Ms. Belnap presented suggested guidelines for relocation benefits on several items, including advertising, printing, wage rate for personnel doing packing and unpacking, and burglar alarm systems. Ms. Belnap dis- cussed the proposed guidelines and the proposed maximum amounts, and cited research that she has done to determine "reasonable" compensation. Discussion ensued. Mr. Minnick discussed his concerns regarding compensation for the burglar alarm system at some length. Ms. Belnap discussed her contacts with burglar alarm companies, and noted that if bids are obtained, and should be awarded to a company other than the one who has the system installed, there may be a buy-out factor on the lease that the Authority will have to pay; also, some companies may choose not to bid on systems that are not their own. Ms. Belnap pointed out that most of the burglar alarm systems that she is aware of in the downtown area are leased. Discussion ensued • • I • • • • • -6- Mr. Voth stated the Authority has tried to "put the person back in busi- ness" wherever possible. Further discussion ensued, Minnick moved: VanDyke seconded: The Urban Renewal Authority approve the confidential relocation benefit guidelines, as written. AYES: Neal, Totton, VanDyke, Voth, Minnick NAYS: None ABSENT: Novicky, Cole ABSTAIN: None The motion carried . XI. RELOCATION BENEFITS REQUESTS Ms. Belnap presented a relocation benefit claim filed by Gordon Close, dba Melody Music. Mr. Close is relocating from 3451 South Acoma Street and has requested $54,233 .23 in relocation benefits. Ms. Belnap dis- cussed her analysis of the claim submitted, and the staff recommendation that $16,273.70 be awarded Mr. Close. Applying criteria from the guide- lines just approved, the relocation benefit due Mr. Close would be in- creased to $24,670.00. Discussion ensued. Totton moved: VanDyke seconded: The Urban Renewal Authority authorize payment of $24,670.00 in relocation benefits to Mr. Gordon Close, dba Melody Music, AYES: Totton, VanDyke, Voth, Minnick, Neal NAYS: None ABSENT: Novicky, Cole ABSTAIN: None The motion carried. Ms. Belnap presented a request for relocation benefits filed by the United States Government on behalf of the Armed Services Recruiting Offices, which have been at 3401 South Bannock Street. The request for benefits is for cartage of supplies and equipment only at this point; additional claims will be submitted later for telephone in- stallation, etc. Staff recommends the payment of $700 in relocation benefits. Minnick moved: Totton seconded: The Urban Renewal Authority authorize payment of $700 in relocation benefits to the Armed Services Recruiting Office; payment for telephone installation to be made when the bill is submitted. AYES: Totton, VanDyke, Voth, Minnick, Neal NAYS: None • • I • • • • • • ABSENT: Cole, Novicky ABSTAIN: None The motion carried. -7- Ms. Belnap presented a relocation benefit claim from Eugene Eisen, dba Man's World, 3365 South Broadway. Mr. Eisen's claim, as filed, is for $38,998.00; staff recommends, after analysis, a payment of $19,056.00. Ms. Belnap stated that further claims that will be submitted by Mr. Eisen include costs for telephone installation, pre-paid advertising in the yellow pages, and other "billed" expenses. VanDyke moved: Minnick seconded: The Urban Renewal Authority authorize payment of $19,056.00 to Eugene Eisen, dba Man's World, for relocation benefits. AYES: VanDyke, Minnick, Neal, Totton NAYS: None ABSENT: Cole, Novicky ABSTAIN: Voth The motion carried. Ms. Belnap presented a request for relocation benefits filed by Mr. John Gardino, dba Mountain State Insurance Agency, 3401 South Bannock Street. Mr. Gardino has been at this location since January, 1984, and is re- questing payment of $341.00 as full and final payment for his reloca- tion expenses. Mr. Belnap stated that Mr. Gardino had shared an office with the Amador Agency, which was considered by the Authority previously. Mr. Gardino did not submit an estimate for telephone installation charges, but Ms. Belnap stated that the amount paid on the claim filed by the Amador Agency was reasonable and that this amount has been used on Mr. Gardino's claim. Ms. Belnap noted that payment for printing of obsolete materials has been denied, inasmuch as the business cards and forms used by Mr. Gardino contain a post office box number and his home telephone; there- fore, the move does not make them obsolete and reimbursement is denied. Totton moved: Minnick seconded: The Urban Renewal Authority authorize payment of $341.00 to Mr. John Gardino, dba Mountain State Insurance Agency, as full and final relocation payment. AYES: Voth, Minnick, Neal, Totton, VanDyke NAYS: None ABSENT: Cole, Novicky ABSTAIN: None The motion carried. Ms. Belnap presented a request for relocation benefits filed by Mr. Robert Garrison, tenant at 3422 South Bannock Street. Mr. Garrison had difficulty getting an estimate on his move, which was done as a self-move. Ms. Belnap stated that Mr. Garrison may file a further claim for cartage. The recommended $1,500 is for rent reimbursement only • • I • • - - 0 • • , • • • -8- Discussion ensued. Neal moved: Minnick seconded: The Urban Renewal Authority authorize staff to offer relocatees $250 with no bid requirements on self-moves. AYES: Minnick, Neal, Totton, VanDyke, Voth NAYS: None ABSENT: Novicky, Cole ABSTAIN: None The motion carried. Ms. Belnap stated that the staff's recommendation is now to pay Hr. Garrison $1,750 in relocation benefits, which would include the $250 just authorized for self-moves with no bids required. VanDyke moved: Totton seconded: The Urban Renewal Authority authorize payment of $1,750 to Hr. Robert Garrison for relocation benefits. AYES: Neal, Totton, VanDyke, Voth, Minnick NAYS: None ABSENT: Novicky, Cole ABSTAIN: None The motion carried. Discussion ensued. Neal moved: VanDyke seconded: The Urban Renewal Authority grant to staff the authority to approve and pay any moving claims that are found to be within the guidelines which total less than $1,000 for full cost of the move, excluding fixed relocation benefit expenses such as rent reimbursement. The staff is to report to the Urban Renewal Authority on all such approvals. AYES: Totton, VanDyke, Voth, Minnick, Neal NAYS: None ABSENT: Novicky, Cole ABSTAIN: None The motion carried. XII. LITTLE DRY CREEK. Ms. Powers stated that she and Ms. Ragland will be meeting to consider the reduction of cost estimates on the Little Dry Creek improvements. Further information should be available at the next meeting. XIII. BUDGET INFORMATION. Ms. Belnap stated that she will be submitting a relocation report to the Authority at futur meetings • • D I • • ( - • • ( • • • • -9- Ms. Powers stated that $2,924,470 was transferred to the Urban Renewal Authority by the City Council from the PIF; this money was used for land acquisition and contracts with Muller Engineers and McLaughlin Water Engineers for the Parkway and Little Dry Creek design. Ms. Powers stated that funds were transferred on August 6th by the City Council to facilitate the purchase of the parking lot north of Floyd Ave- nue. A lease agreement will be drafted to lease the parking back to the First Interstate Bank; also, some documentation will have to be prepared so that lease payments on the parking lot will be paid into the City funds, and not into the Authority funds. The realignment of Floyd Avenue to the east of Broadway was briefly dis- cussed. The meeting adjourned at 8:55 P. M • I • • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION August 21, 1984 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order by Chairman McBrayer at 7:00 P. M. Members present: Carson, Magnuson, McBrayer, Stoel, Tanguma, Venard, Barbre Romans, Assistant Director of Community Development Members absent: Allen, Becker Also present: Susan K. King, Senior Planner Jack Olsen, City Attorney (entered during meeting) II. APPROVAL OF MINUTES. August 7, 1984 Chairman McBrayer stated that the Minutes of August 7, 1984, were to be considered for approval. Carson moved: Venard seconded: The Minutes of August 7, 1984 be approved as written. AYES: McBrayer, Stoel, Tanguma, Venard, Barbre, Carson NAYS: None ABSTAIN: Magnuson ABSENT: Allen, Becker The motion carried. III. CONDITIONAL USE CASE 1/28-84 SO West Belleview Avenue Mr. McBrayer stated that the Planning Commission has received a staff report pertaining to the proposed Conditional Use at SO West Belleview Avenue; he asked if the Commission had any questions pertaining to the staff report, or of the staff. No questions were posed by the Commission. Mr. McBrayer asked if the staff had anything else to add. Mrs. Romans stated that the staff had no further information to add. Mr. McBrayer asked the applicant to step forward and make his presentation. Mr. Dan Rickli 4301 South Broadway -was sworn in, and testified that he is the architect for the franchise development company. Mr. McBrayer asked if Mr. Rickli was familiar with the staff report, and if he had anything to add at this point • • 8 I • • • • • -2- Mr. Ri c kl i stat e d that he did r e ceive a copy of th e staff repo rt, a nd stat ed that the 10 foot "easement" required for Belleview Avenue along th e no r th property line of the subject site would cause no problem "if it is in the landscaped area"; there would be no effect o n the circula- tio n patt e rn propo sed on the site. Mr s . Romans po inted out that the 10 fe e t is requested as a "dedication" o f right-of-way, and not an "easement". Mr. Rickli discussed the present use of the site, and stated that the existing structure would be razed; a small retain i ng wall on the west property line would probably be retained, and the building erected next to the retaining wall. The site will be resurfaced, and l andscaping will be pla nt e d. Ther e will be no a cc ess f rom this sit e t o the K-Mart site ; the only a ccess t o the sit e will be from east-bound Belleview Avenu e . Ingress and egress will both be o n a right-tum only basis. Mr . Rickli stated that the landscaping they propose will consist of grass and four trees, with pfitzers along the side of the building. Mr. Ric kli stat e d that "Grease Monkey" is a quick lube op e ration; the building will have tw o bays , and two men would work on each c a r. Th e average tim e for an o i l chan ge an d lub e job is 10 minutes . Mr. Barbre aske d if the applic ants agreed to the requirements posed by the various City De partments as set forth in the staff report. Mr. Rickli stated that they have r e viewed the requirements, and have dealt with most o f the requirements, such as grease traps, drainage, etc. Mr . Rickl i furth e r disc ussed the proposed dev e l o pment, noting t hat there will b e an en c l osed trash area, and the building itself will be of ma sonry const·ru c tion with cedar trim, and a pitched shingl e roof. The b ui l d i ng will contain two service bays, a n offic e area, and rest- rooms . Mr. McBrayer thanked Mr . Rick li fo r his p r e s entation, a nd a s ked if any- one else in the audience wi s h ed to ad dr ess t he Comm i ssion . Mr. Richard McQueen 5624 South Huron Street -was sworn in, and testified that he is owner of the property . He stated that he did receive a copy of the staff report , and asked for clarification regarding the 10 foot dedication that is required. Mrs. Romans stated that there are two properties adjacent to West Belleview Avenue from which an additional 10 feet of right-of-wa y is n eeded; Mr. McQueen owns one of the proper ties --50 West Belleview Avenu e. Th e Director of Public Works, K lis Waggoner, and the Director of Eng in eering Services, Gary Diede, both have asked that this right-of-way be ded icated to the City before any further development occurs on this property. Mr. McQueen stated that he understood that at such time a s p ro perty was needed for a State Highway, the State would condemn t he pro p erty ; he asked why this was not done. Mrs. Romans stated that she coul d not say why the State did not follow this procedu re; however , now , the City is requesting the dedication before further development occurs on this sit • • I • -• • • -3- It was brought to the attention of the Commission that this matter is a Public Hearing. City Attorney Olsen entered the meeting. Mr. McBrayer acquainted Mr. Olsen with the fact that the Hearing had not been formally opened, even though it has been conducted as a Public Hearing, and the wit- nesses have been sworn in. Discussion followed. Mr. Olsen stated that if the Commission would make findings that no member of the audience has left since the meeting began, and that no new members of the audience have arrived since the testimony ceased, that the Hearing could be opened, previous testimony incorporated as part of the record, and the Hearing closed. Mr. McBrayer explained the situation to the audience. He stated that all testimony previously tendered will be included in the record of the Hearing. Carson moved: Venard seconded: The Public Hearing on Case #28-84 be opened. AYES: Tanguma, Venard, Barbre, Carson, Magnuson, McBrayer, Stoel NAYS: None ABS ENT: Allen, Becker The motion carried. Mr. Carson asked if Mr. McQueen would agree to the dedication of the 10 feet of right-of-way. Mr. McQueen stated that he did not want to make a firm decision at this time. Mr. McBrayer stated that this would be included as a condition of approval. Mr. McBrayer stated that fo r the record, he would like to make note that the Public Hearing had not been f ormally opened before the pres e nta- tion start ed . All testimony previously given, copies of the staff report, copies of the ve rification of publication will all be included as a part of the formal public hearing. There were no other persons present who wished to address the Commission. Carson moved: Stoel seconded: The Public Hearing on Case #2 8-84 be closed. AYES: Stoel, Tanguma, Venard, Barbre, Carson, Magnuson, McBrayer NAYS: None Absent: Allen, Becker The motion carried. Carson moved: Stoel seconded: The Planning Commission approve the Conditional Use of "Grease Monkey" at 50 West Belleview Avenue, with th following conditions: 1. No body work, dismantling, or collision repair shall be permitted. ~. Motor vehicles being serviced or stored while waiting to be ser- viced or called for, shall not be parked on the street, on the • • I • - II • • • -4- sidewalk, or in the parking strip. 3. All work shall be performed within the structure. 4. No materials or parts shall be deposited or stored on the premises outside of an enclosed structure. 5. Drainage shall be directed to the street. 6. New curb, gutter and sidewalk shall be installed in compliance with the new requirements of the Engineering Services Department. 7. An exiting sign allowing right-tum only shall be installed. 8. An additional 10 feet of right-of-way shall be dedicated to the City for West Belleview Avenue. 9. The applicant shall conform with all applicable City codes. AYES: Venard, Barbre, Carson, Magnuson, McBrayer, Stoel, Tanguma NAYS: None ABSENT: Allen, Becker The motion carried. IV. FINDINGS OF FACT CASE 1130-84 Vacation of 3300 block of South Acoma Street Mr. McBrayer stated that the Findings of Fact regarding the vacation of the 3300 block of South Acoma Street were to be considered for ap- proval. Barbre moved: Carson seconded: The Findings of Fact on Case #30-84, Vacation of the 3300 Block of South Acoma Street, be approved as written. AYES: Barbre, Carson, McBrayer, Stoel, Tanguma, Venard NAYS: None ABSTAIN: Magnuson ABSENT: Allen, Becker The motion carried. V. PUBLIC FORUM. Mr. McBrayer asked that the record reflect that all members of the audience had departed following the determination regarding the Grease Monkey. VI. DIRECTOR'S CHOICE. Mrs. Romans reported that Commission members and staff enjoyed a very delightful picnic at the home of Mrs. Marjorie Becker on the 19th of August . • • I • ( • • • • -5- Mrs. Romans reported that Mr . Allen's mother is terminally ill, and that he has flown to California to be with her. Mrs. Romans stated that the joint meeting of the Englewood and Sheridan Planning Commissions is scheduled for Wednesday, August 29th, at The Duffers Restaurant. "Get Acquainted" time is from 6:00 P. M. to 6:30 P. M., and dinner will be served at 6:30 P . M. Susan Powers, Assistant City Manager for Economic Development, will make a presentation on the downtown redevelopment project; Sheridan personnel will discuss their plans for development in the Santa Fe Corridor. Mrs. Romans asked if Commission members wanted additional items on the agenda. No further suggestions were made for agenda items. VII. ATTORNEY'S CHOICE. Mr. Olsen stated that he had investigated the matter of storage of vacuum cleaners out-of-doors by a business on West Hampden Avenue, and reported on actions of the Code Enforcement Division to-date. Mr. Olsen stated that it is a legitimate action of the City to en- force the codes that are in effect . Mrs. Romans stated that she understood this particular businessman has indicated he wants to apply to the Board of Adjustment and Appeals for a variance. Mr. Olsen stated that if this matter is taken to the Board, it may be the determination of the Board to grant this appeal; the only appeal from the decision of the Board of Adjustment is to Dis- trict Court. Discussion ensued . Mr. Stoel expressed his appreciation to Mr. Olsen for checking into t he matter. VIII . COMMISSION'S CHOICE. Mrs . Romans stated that on Se ptember 5th, the Co mm i ss i on wi ll hav e a Public Hearing o n an amen dment to th e Bro adw ay Pl ann e d Develo pment . Mr. McBrayer stated tha t h e would b e o u t o f town on t hat dat e . There was no further b usin ess b rought befo r e the Commission . The meeting was declared adjo u rned a t 7:37 P .M. • I • • • • • - sc MEMORANDUM ---------- TO: Susan Powers, Executive Director, URA FRON: Dick Hinson, Assistant Director, URA ~ DATE: September 10, 1984 SUBJECT: ALI-ABA Eminent Domain Conference -San Diego, California August 23 -August 25, 1984 This conference was designed for attorneys and other "practitioners" in the field of eminent domain to discuss the current status of case law and the philosophy of condemnation. The majority of those in attendance were private practice attorneys. However, there were a number of repre- sentatives from governments and redevelopment agencies. The format of the Conference consisted of lectures by prominent eminent domain lawyers and panel discussions by groups of lawyers. The course handout was a bound volume of articles on various aspects of condemnation and the text of certain applicable cases. It became evident from the commencement of the conference that the course materials and lectures were "condemnee" oriented. Lecture topics included methods of maximizing a client's award and the use of audio visual techniques in the presentation of a client's case to a judge or jury. One discussion encouraged attorneys to keep up with the state of the art of biological sciences. This type of education would be particularly useful in prov ing the ill effects created by the placement of electrical transmission lines over a cl ient's property. The most beneficial topic covered was damages which are created by partial takes. The establishment of a level of compensation for the complete taking of a piece of property is apparently very subjective, with the wide range of value within which the "true" value of the take is found. In the case of a partial take, however, there appears to be no "true" value on any damages incurred on the remaining portion of the property not taken. The amount of these damages appears to be totally dependent on the creativity and believability of the attorney representing the condemnee. The thrust of the discussion was that a large number of factors, ranging from economic statistics to physchological impacts, can be used to demonstrate the ef- fect of a partial take on the remaining property and that courts in recent years have taken these factors into consideration in determining an award. Understanding the concept and potential impact of damage awards in partial takes is particularly important for representatives of governments and/or agencies responsible for implementing redevelopment projects, due to budget implications . A plan contemplating the acquisition of a relatively small portion of property and predicating its budget on a small square footage take could be rendered infeasible by a large damage award. The potential for such an award is always present in the case of partial takes because of the asserted subjective determination of the damages • • I • • - ( • Susan Powers Page -2- September 10, 1984 If • • • Conclusions reaped from the consideration of potential damage awards for partial takes include: 1) Avoid partial takes if at all possible, particularly for properties on which a residence or ongoing business is located; 2) If a partial take is absolutely necessary, avoid litigation in the matter; negotiate with the property owner and be relatively liberal in compensation offers; 3) Upon inclusion of a partial take in the project acquisition schedule, establish a contingency for potential damages so that the project won't be blown apart by an unanticipated large award. In conclusion, it was interesting to note that there was never any doubt raised by conference attendees as to the legitimacy of the use of eminent domain for "necessary" public projects. The general concern expressed by participants was the control of the use of this awesome power by govern- ment through their efforts to make sure government adequately compensates owners for the acquisition of their property. After talking with several attorneys at the conference, it would be difficult to determine their motives in seeking "justice" for their clients. gw • I • • • • • - P R 0 C L A M A T I 0 N ------- WHEREAS, alcoholism is the second leading cause of death in the United States; and WH EREAS , alcoholism is the number one public health problem in the United States, including every municipality in Colorado; and WHER EAS, the National Council on Alcoholism is established for the dissemination of information regarding thi s dreaded disease; and WH EREAS, the Mile High Council on Alcoholism, and NCA affiliate, is the local agency involved in the dissemination of information on alcoholism for the five-county metropolitan Denver area; and WHEREAS, the Mile High Council on Alcoholism, in conjunction with other affiliate Councils throughout Colorado and the United States, join together to bring information relative to this deadly disease to the attention of all citizens; and WHEREAS, the week of October 7 • 13, 1984, has been d esig nat ed ALCOHOL AWAREN ESS WEEK with the theme that "Alcohol Problems CAN Be Solved"; NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood , Colorado, do hereby pro c laim October 7 -13, 1984, as ALCOHOL AWARENESS WEEK in the City of Englewood. GIVEN under my hand and seal this 17th day of September, 1984. • I • • • • .. - P R 0 C L A M A T I 0 N ------- WHEREAS, alcoholism is the second leading cause of death in the United States; and WHEREAS, alcoholism is the number one public health problem in the United States, including every municipality in Colorado; and WHEREAS, the National Council on Alcoholism is established for the dissemination of information regarding this dreaded disease; and WHEREAS, the Mile High Council on Alcoholism, and NCA affiliate, is the local agency involved in the dissemination of information on alcoholism for the five-county metropolitan Denver area; and WHEREAS, the Mile High Council on Alcoholism, in conjunction with other affiliate Councils throughout Colorado and the United States, join together to bring information relative to this deadly disease to the attention of all citizens; and WHEREAS, the week of October 7 • 13, 1984, has been de signated ALCOHOL AWARENESS WEEK with the theme that "Alcohol Problems CAN Be Solved"; NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, do hereby proclaim October 7 -13, 1984 , as ALCOHOL AWARE NESS WEEK in the City of Englewood. GIVEN under my hand and seal this 17th day of September, 1984. Mayor • I • • - • ORDINAOCE ood....P_ SERIES OF 1984 " • • • BY AUTHORITY COUNCIL BILL 00. 38 INTRODUCED BY ClXJOCIL MEMBER NFAL AN ORDINAOCE GRANTING TO 'ffiE SO!.JTI-MEST OiERRY HILLS WATER DISTRICT, A PERMIT TO CONSTROCT AND MAINTAIN A WATER CONDUIT 'ffiROUGH 'ffiE CITY OF ENGLEWOOD, <X>LORADO, A MUNICIPAL CORPORATION. WHEREAs, Southwest Cherry Hills water District, a quasi- municipal corporation of the State of Colorado, acting by, through and for the use of its Board of water COmmissioners, desires a permit to construct and maintain a ~oR~ter conduit through the City of Englewood; ~' 'ffiEREFORE, BE IT ~INID BY 'ffiE CITY CXXJociL OF 'ffiE CITY OF ENGLD-1000, COLORADO, AS ~S: Section 1. City Council of the City of Englewood hereby approves Perm1 t .Agreenent between the City of Englewood, Colorado, and Southwest Cherry Hills water District, a quasi-municipal corpora- tion of the State of Colorado, granting Southwest Cherry Hills water District a permit to construct, operate, and maintain a ~oR~ter conduit across certain roads, streets, and property in the City of Englewood. Said Permit .Agreenent, consisting of three (3) type- written pages, is attached hereto and incorporated herein by reference. Section 2. The City Council of the City of Englewood authorizes the Mayor and ex officio City Clerk-Treasurer to sign and attest said a:Jreenent on behalf of the City Council and the City of Englewood. Introduced, 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. Read by title and passed on final reading on the 17th day of September, 1984. • 7,4 I • • ( • , • • • Published by title as Ordinance No. , Series of 1984, on the 19th day of Septanber, 1984. --- Attest: Eugene L. Ot1s, Mayor ex offic1o City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1984. Gary R. H1gbee • I . • • • • • PERMI T AGREEMENT THIS AGREEMENT, entered into as of the day of 1984, between the CITY oF ENGLEWOOD, COLORAOO-;-affiunicipal ___ _ corporation (hereinafter "City" or "Englewood"), and SOUTHWEST CHERRY HILLS WATER DISTRICT, a quasi-municipal corporation of the State of COlorado (hereinafter "District"), for the use of its Board of Water Comtissioners (hereinafter the "Board") , WITNESSETH WHEREAS, the Southwes t Cherry Hills Water District, acting by and through its Board of Water Comtissioners, desires to construct, operate, and maintain and eight-inch (8 ") ~oeter main under a nd across certain roads, streets, and property in the City of Englewood, COlorado, described as f ollows, to wit: Beginning at a po i nt approximately 15 feet South of the NE corner of Section 10, Townsh i p 5 South, Range 68 West of the 6th Principal Merid ian, said point being on the East line of said Sec tion 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 Quincy 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 Cl arkson Street. AND WHEREAS, the City agrees to grant sa i d right, permit and license under certain terms and conditions; ~. 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 inconven ience 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, llt1erever possible, al~oeys 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. During 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, materials or equipnent used in construction and maintenance of said condui t for a period of more than two (2) weeks 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 same 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 1o0rkmanlike manner and all expenses incurred therein shall be the sole responsibility of the Board. c. All excavation and construction, installation and maintenance work 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 canply with all reasonable requests thereof in the performance of said 1o0rk. All such 1o0rk shall be perfocned 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 1o0rk shall be free fran settlement arising out of any excavation and performed within the lLmits of the trench excavation. There shall be properly designed concrete encasements required at each pipeline crossing of sanitary sewer lines and water lines so as to eliminate foreign pressure and stresses upon the Englewood sewer and water installations. The foregoing shall be subject to the approval of a representative of the Director of Public ~rks of the City of Englewood, Colorado. Any consequential damage to side streets, the surface or instal- lations thereon, approaching the various intersections with the right-of-way hereinabove granted because of pipe and material storage and heavy equipnent movement or fran other causes, shall be repaired or replaced in their original condition at the sole expense of the Board. D. The SOuthwest Cherry Hills water District and its Board of water Gommissioners, successors and assigns, shall at all tLmes save and keep hacnless the City of Englewood and its City Council and other officers and employees fran any and all damages that may in any manner arise fran the granting of this permit and the exercise of any rights granted hereunder; provided, however, that the Board, its successors and assigns, shall not be so held liable unless given full opportunity to defend any soch claLms. E. Nothing herein shall be construed as granting to District or the Board any rights other than the permit herein expressly 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 public rights-of-way to others for public and private purposes is fully reserved to Englewood, 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 01o11 expense. G. It is expressly understood and agreed that the granting and acceptance of this pecnit is and shall be without prejooice to any rights or obligations of the District, its Board of water Catmissioners, the City of Englewood, Colorado, or any inhabitants thereof. H. The 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. The 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 WHEREXlF, the parties have signed this agreement as of the day and year first above written. ATTEST: Gary R. Higbee, ex officio City Clerk-Treasurer ATTEST: 3 CITY CF ~DiOOO, COLORADO ~'~~=-~~~~-=--Eugene L. Otls, Mayor &XJTHWEST CHERRY HILLS WI\TER DISTRICT ~~~=---~=-~~----Pat Monroe, Pres1dent • I • • ·In • OROINAK:E NO.di_ SERIES OF 1984 • • • BY AtJrHORITY CCXJN::IL BILL NO. 41 INTROOOCED BY CCXJN::IL MEMBER BILO AN ORDINAK:E APPROVING A LEASE BE'IWEEN OCHOOL DISTRICT NO. 1, ARAPAHOE CCXlNTY, COLORADO, AND THE CITY CF ENG[.E)«)()[), COLORADO, FOR R<n1 16 AT MAOOOX OCHOOL TO BE l.EED AS A 91ALL NATURE CFNl'ER. WHEREAS, School District No. 1 has leased the Duncan a.Jilding in which the nature center is now located; and WHEREAS, the Parks and Recreation Department of the City of Ebglewood is seeking other space at Maddox School for a nature center; NCM, THEREFORE, BE IT ORDAINED BY 'mE CITY CCXJN::IL CF 'mE CITY CF ENGLEJ-1000, COLORADO, AS E'OLLC:MS: Section 1. City COuncil hereby approves the attached lease between School District No. 1, Arapahoe O>unty, Colorado, and the City of Ebglewood, 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 Ebglewood. Introduced, 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. Read by title and passed on final reading on the 17th day of September, 1984. Published by title as Ordinance No. , Series of 1984, on the 19th day of September, 1984. --- Attest: EUgene L. 0t1s, Mayor ex off1c1o C1ty Clerk-Treasurer • '76 I • • - ' • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoin:J is a true, accurate and canplete copy of the Ordinance passed on final readin:J and published by title as Ordinance No. , Series of 1984. --- Gary R. H1gbee • I . • ' • • • .. • LEASE Sc hoo 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 consideration 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), 3/1/86 {$325). This rental fee is to include water, sewer, heat, electricity, and trash disposal. The School District shall maintain the hallway outside Room 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 Room 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 repa1r1ng any damage to Roam 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 original 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 f i le any action which is for bodily injury, illness, or death, or for property damage includ i ng los s of any equipment belonging to the City while located on the premises of Haddox School. The City will 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 use procedure. At any time, either party may cancel this agreement by giving the other a written notice of canc ellation of at least three months prior to the date of cancellation. I • l - • • • ' • • • • IN WITNESS H:Ell.EOF the parties have executed this indenture the day and year first written. SCHOOL DISTRICT NO. 1, Arapahoe County By: /...AA.L :41 Cl.t President Board of Education Lessor oated: _____ ~z~,~~~~~6~r~1------------- ' I CITY CF ENGLE~ ~=--------~~~-----------(title) Lessee Dated: __________________________ _ ATTEST: __________________________ ___ Secretary Dated: ____________________________ _ • I • • - • • • ' • ORDINAOCE NO. "/2 SERIES OF 1984 • • • BY AUTHORITY COUNCIL BILL NO. 40 INTRODUCED BY COUOCIL MEMBER BILO AN ORDINAOCE GRAm'ING A PERMANENT EASEMENT W l'UJNTAIN STATES TELERiONE AND TELEGRARi CCI-IPANY FOR INSTAU.ATION OF TELERiONE EC(.JIPMENT AT ENGLEWOOD REX::RFATION CENTER AN) DEx::IARING AN EMERGEOCY. WHEREAS, Englewood Recreation Center is now under construc- tion and installation of telephone equipment must be coordinated with other construction activities on the site; and WHEREAS, l't:>untain States Telephone and Telegraph O::Jnpany requires an above-ground junction box in the Unmediate vicinity of the recreation center; and WHEREAS, l't:>untain States Telephone and Telegraph O::Jnpany' s corporate policy is that such junction 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; ~. THEREFORE, BE IT ORDI\INED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, Q)LORADO, AS E'()[.L(MS: section l. There is hereby approved an easement entitled "Grant of Utlllty Easement" granting to M:>untain States Telephone and Telegraph O::Jnpany an easement for telephone utilities for Englewood Recreation Center according to the terms and conditions stated therein, a copt of which Grant of Utility Easement is attached hereto and incorporated herein by reference . section 2. City Council authorizes the Mayor and the ex officio C1ty Clerk-Treasurer of the City of Englewood to sign and attest said permanent easement on behalf of the City Council and the City of Englewood, Colorado. section 3. In the opinion of City Council, and emergency exists 1n that this Ordinance i s necessary for the Unmediate preservation of public property. The emergency is that the easement is needed so the above-ground j unction box can be installed forthwith to avoid causing serious and protracted construction delays. There- fore, this Ordinance shall take effect Unmediately after its final passage. Introduced, read in full, and passed on first reading on the 4th day of September, 1984. 7C-- I • - • • • , • • • ,. • Published as a Bill for an Ordinance on the 5th day of September, 1984. Read by title and passed on final reading on the 17th day of September, 1984. Published by title as Ordinance No •. ___ , Series of 1984, on the 19th day of September, 1984. EUgene L. ot1s, Mayor Attest: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of El'lgleloO<ld, 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 • • • , • • • • THIS GRAN!' of a utility easanent (this "Grant") is made this day of , 1984, by the CITY OF ENGLEWOOD, ""co=LO=RAOO=:::. , a Colorado mun1c1pal corporation ("Grantor") lltlose address is 3400 South Elati Street, Englewood, Colorado 80110, in favor of MOONTAIN STATES TELEPHONE AND TELEX>RAPH CCMPANY, a Colorado corporation, ("Grantee") lltlose address is 931 14th Street, Denver, Colorado 80202. The parties covenant and agree as follows: 1. Easement Property. The "Easement Property" shall mean the real property located in the County of Arapahoe, State of Colorado, as shown on Exhibit "A", attached hereto and made a part hereof, being in the Southeast 1/4 of Section 4, Township 5 South, Range 68 West of the 6th Principal ~ridian, located on the southwest corner of the Englewood Recreation Genter property. 2. Consideration. As consideration for this Grant, Grantee shall pay to Grantor the sum of One Dollar ($1.00) and other good and valuable consideration paid by Grantee, receipt of lltlich is hereby acknowledged by Grantor. 3. Grant of Easement . Grantor hereby grants to Grantee, its successors and ass1gns, and all public utilities or those with proper license or franchise , a perpetual, nonexclusive easement (the "Utility Easanent"l over , under, across and through the Easanent Property for the purpose of constrocting, operating, maintaining, repairing , replacing, and ranoving an above-ground junction 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, through and across the Easement Property for any purpose necessary or desirable for the full enjoyment of the rights granted to Grantee under this Grant. 5. Restoration. Grantee, or the public utility, or those entities with proper license or franchise , agree that after the constroction, maintenance, repair, replacanent, or enlargement of the above-ground junction box, the party exercising rights hereunder shall restore the surface of the Easement Property as nearly as reasonably possible to the grade and condition it was in ircmediately prior to said constroction, maintenance, repair, replacanent, or enlargement , except as may be necessary to accatmodate the above-ground jooction box. Party exercising rights hereunder agrees to restore and repair any improvements of Grantor on the Easanent Property lltlich are diS!laged, modified or altered by party exercising rights hereunder during said constroction , main- tenance, repair, replacement or enlargement and, further, agree to replace ny topsoil ranoved fran any cultivated or landscaped areas • I • • • • , • • • • on the Fasanent Property and to remove any excess earth resulting fran said construction, maintenance, repair, replacement or enlargement, at its sole cost and expense. 6. SUbjacent and Lateral &lf?P?rt. Grantor covenants and agrees that Grantee shall have the r1ght of subjacent and lateral support on the Fasanent Property to whatever extent is necessary or desirable for the full, complete and undisturbed enjoyment of the rights granted to Grantee under this grant. 7. Rights of Grantor. Grantor reserves the full right to the undisturbed ownership, use, and occupancy of the Fasement Pro perty insofar as said ownership, use, and occupancy is consistent with and does not impair the rights granted to Grantee in this Grant. 8. No Improvements. Grantor covenants and agrees not to construct , erect , place or plan any "Impr:ovements," as hereinafter defined, on the Fasanent Property without obtaining the prior written consent of Grantee . "Improvements" shall mean any struc- ture or building other than an above-ground jrnction box. Grantee shall have the right to remove, without any liability to Grantor, any improvements constructed, erected, placed or planted on the Fasement Property without Grantee's having obtained the prior written consent of Grantor • 9. Abandorment. In the event that Grantee shall abaooon the rights granted to 1t under this Grant, all right, title and interest hereunder of Grantee shall cease and terminate, and Grantor shall hold the Fasanent Property, as the S<m~e may then be, free fran the rights of Grantee so abaoooned aoo shall own all materials and structures of Grantee so abandoned, provided that Grantee shall have a reasonable period of time after said abaooo.r ment in which to remove any or all Lines and Appurtenances fran the Fasanent Property. In the event that Fasanent is abaoooned by Grantee, Grantor shall have the right, at its sole option, to require Grantee to remove or neutralize any improvements constructed in the Fasanent by Grantee. 10. Warranty of Title. Grantor warrants aoo represents that Grantor is the fee Slmple owner of the Fasanent Property aoo that Grantor has full right, title and authority, and that this Grant is effective to grant and convey to Grantee the Utility Fasanent. Grantor fu.rther covenants and agrees to indemnify, defend and hold Grantee harmless fran and against any adverse claim to the title of the Fasement Property by all and every person or persons lawfully claiming or to claim the lohole or any part thereof. 11. Binding Effect. '1\lis Grant shall extend to and be binding upon thet!eus, personal representatives, successors and assigns of the respective parties hereto. '1\le terms, covenants, agreenents and conditions in this Grant shall be construed as covenants running with the land. 2 • I • • • • .. • IN WITNESS WHEREOF, the parties hereto have executed this Grant of Utility and StoDn Drainage Easanent the day and year first above written. Attest: Gary R. Hlgbee, ex off1c1o City Clerk-Treasurer Attest: Title: STATE OF COLORADO ss. COUNTY OF ARAPAHOE GRANTOR: CITY OF ENGLrnOOD, COLORADO ~~--~~~--~--Ellgene L. ot1s, Mayor rnANJ'EE: f'QJNTAIN STATES TELEPHONE AND TELFXiRAPH CCMPANY ~------------------ Title: The foregoing instrunent was acknowledged before me this day of , 19 by E>Jgene L. otis as Mayor and attested to by Gary R. Hlgbee:-ex officio City Clerk-Treasurer of the City of El'lglewood, Colorado. Witness my hand and official seal. My Commission expires: STATE OF COLORADO ss. COUNTY OF ARAPAHOE Notary Publ1c 3400 S. Elati El'lglewood, co 80110 The foregoing instrunent was acknowledged before me this ____ day of ______ , 19 by as and-attested to by _a_s__________ of ""untain State-s-=Te,...l.-eph-.-o-ne--and~---- Te.'l..,.eg"""r""'a:-:ph=-can=:-:pa=n~y-. ---- Witness my hand and official seal. My Commission expires: 3 • Notary Publlc l\ddress: I • • r • r I I I • • - EXHIBIT "A" <rertificatt t~f Surt't!\ """-'· •A~AUII •. L. S. U [. wtAVU PLIC[ LITTL[TOII, COLOUDO 110111 113·~13 .. I l ~ ~ i I i "' Accord1R9 te Colon6a LMt, ,.,. ••t ~ eny 1.,-1 ecUOf'l M.-d upon •"Y defect in U.ll • ...., wttMa a h ,..re eftor f'D'I Unt dheoftr euch defect . Jn no ... nt .. , any .-tl ...... ...-aftJ' .. feet 1ft Uie e•rwy be ~fte'H ..,re tM1'1 t.n reen fi'OII the .. U of tM c.rtltleotlo.. ...... MnoR · • ~,. ., ... Lll4tt4 -leal :, •••• J 1, l'oll;l f , Ker,_n·n ~''it ~"t"'tPrrot1 L11,.d !'u"v~y e ~r·, oln11t.'r'"t •:• ,.,•ctlfy t.,,,l ,, f l ,..ld "urvny ••• .. ctfo ent1 the ,.bo.,P i•1 ,, lnn~· ·"'"""''''"c..' ji J,t C"l lh·ll ._""'""'1 ,.,,,,,. by ..., lh i !t _'-1\L do,~y of ___ JulJ,_191l . ______ nl thr ~·rrn.,.·rly df't~~C'rltM •d •• a ,.rnl of lMII '" the IO't ~;,. .. t o-rter or ~c:tlOI'I c , ,..,_.._tp ! .,.lh, .. ..,... 61 W.O to 40IIe1'1bH OO t ... lMi"9 Dfl the Nortl'l ll""' af ... t Ollford ........ l,UI .t r .. t, IIOt'e or 1•••• t.H of the Ee•t•rly 11M or t.M a :r. 1 s.r ... urolld rltttt-or-....,, .. ., point btl,.. Oft the W.st liM of south llal,...th StrMt. u d .. c rtbl!d lft ~ ll15 a t,... Ul of the Ara,.hM Ot\lflt' r.cordst theflt1t North a 10fHI Mid -..t U-of ~h Jai-Uio lt.rMt .0.0 feet t theft~ ••t •ftd parallel to the .. tl'th lt,.. of ••t o-fol't a .. n• it4 .4 t .. t, tM~ Iouth etld paullel wtth tM -n u-of lotlt.h &ail-th lu..t )60 .0 fMt t.o • polnt on tM teal'th UtMI of ••t Gilford .,.,..._, l~ tMt a lOft' Nl' Jloi"U 1lne lt4 .4 fM t to the paJftt o( betinnt~. h ld parotl conta lne l .Ut acr••• 110re or le••· l farther certif'f t .. t t"'-a..,~nu Oft tM ...,.._ .. ecrlt.l parcel. •~ -.t.Ult'f ~ctlOf't ........... "thd'f within the bo~arles of the Per!':el , that thel'e an no encroKh· -u~' Jb<II<A~' .bed pr.-1••• br i...,nt.,...nts 01'1 any actto lftln' pre-iMa, e ftd tlwlt thel'9 •M,, ~lde~ of .,., ea..-flt rro .. liH)~ftnl,.. .,., pUt o( ea ld ,.r J\ pt. •• tt6l\ d\ ~- • {.~·~4 }' J ,AU\. ' maUH ~--!b ....... ~.') ... @ • I • • ' - • • • • • • BY AUTHORITY ORDINAtCE NO. SERIES <F 198'74 __ _ A BILL FOR CXXJOCIL BILL NO. 43 I~5-~:L~ MEMBER~ AN ORDINAtCE VACATI~ A Sl'ORM SDlER NV WATER LINE EAS~ml' NV GRANl'I~ AN EAS~ENI' FOR A NDJ WATER LINE IN 'mE CINDERELLA CITY PARK!~ LOT. WHEREAS, the Englewood water and Sewer Board rec<mnended to City Council on March 19, 1984 that a sewer and water line easement be vacated and that an easanent be obtained for a water line; t«:M, THEREFORE, BE IT ORDI'.INID BY 'mE CITY CXXJOCIL CF 'mE CITY <F EK>LFliOCO, a>LORADO, as follows: Section 1. 'nle hereinafter described property located in the C1ty of Englewood, Arapahoe Ooi.Ilty, Colorado, be and the same is hereby declared vacated pursuant to the provisions of Part 3, Article 2, Title 43, Colorado Revised Statutes, and title thereof shall vest in Cindeimak Associates, a joint venture, said vacated land being more particularly described as follows: Line C -8" Dicrneter water Main Beginning at the point identified in the easanent recorded in Book 1807 at page 699 of Arapahoe O>unty Records des- cribed for water main line "A", as the point of beginning of Lines "B" and "C"; thence Westerly an angle to the left of 90 degrees 00'00" a distance of 195.1 feet to a point; thence Southwesterly an angle to the left of 45 degrees 00'00" parallel to and 10.0 feet Northwesterly of O>l\JM Line "111'' a distance of 411.4 feet to a point; thence Northwesterly an angle to the right of 90 degrees 00'00" parallel to and 10.0 feet Northeasterly of Oolunn Line "16" a distance of 392.0 feet to a point; thence Northeasterly an angle to the right of 90 degrees 00'))" parallel to and 10.0 feet Southeasterly of Ool\JM Line "ZZ" a distance of 820.0 feet to a point; thence Easterly an angle to the right of 45 dEgrees 00'00" a distance of 503.0 feet to a point on line "A" referred to as point of ending lines "B" and "C'' • Including all fire hydrants and services leading thereto • • I • - • • • • • Stom Sewer No. 1. Recorded in Book 1807 at page 700 of the Arapahoe OJunty Records. Beginning at the Northeast corner of the SE l/4 of the SE 1/4 of Section 33, Township 4 South, Range 68 West of the 6th P.M.; thence Westerly along the North line of said SE 1/4 of the SE 1/4 of Section 33 a distance of 240.3 feet to a point loilich is the true point of beginning; thence SOuth- westerly an angle to the left of 68 degrees 50'00" a distance of 12.95 feet to a point Which is 6.0 feet North- easterly of Collllln Line "42" and 16.0 feet Northwesterly of OJlll!ln Line "ax:"; thence SOutheasterly an angle to the left of 36 degrees 50'00" a distance of 36.7 feet to a point loilich is 12.0 feet southwesterly of OJllllln Line "42" and 16.0 feet Northwesterly of OJlunn Line "BBB"; thence SOuthwesterly an angle to the right of 60 degrees 40'00" parallel to and 16.0 feet Northwesterly of OJlunn Line "BBB" a distance of 594.0 feet to a point 4.0 feet Northeasterly of OJlunn Line "23"; thence SOutherly an angle to the left of 45 degrees 00'00" a distance of 345.36 feet to a point Which is 4.15 feet southeasterly of OJllllln Line "UU" and 16.0 feet Northeasterly of OJlumn Line "15"; thence SOuth- easterly an angle to the left of 45 degrees 00'00" parallel to and 16.0 feet Northeasterly of OJlumn Line "15" a distance of 350.15 feet to a point Which is 2. 3 feet SOutheasterly of OJlumn Line "JJ"; thence Southeasterly an angle to the right of 35 degrees 00'00" a distance of 53.0 feet to a point; thence SOutherly an angle to the right of 10 degrees 00'00" a d i stance o f 134.7 feet to a point on the North rig ht of way line of West H!lmpien Avenue. Secti on 2. 'ftle hereinabove described l and i s l ocated ent i rely within the City o f algl eo.IO<.ld and does not consti tute a bol.l'ldary line between the City o f fhg l ewood and any other coooty or other mU'l ici pality . Section 3. 'ftle vacation of the hereinabove described stom sewer and water line easanent will not leave any adjoining land without an established public road connecting said land with another established public road . Section 4. 'lbat Cindemak Associates, a joint venture, shall proVlde the City of fhglewood with an easanent of the hereinafter described property located in the City of alglewood, Arapahoe, OJooty, ())lorado, with appropriate title policy for the same: 2 • I • • - • • • • • • Line C -8" Dianeter water 1'\:lin Beginning at the point identified in the easement description for water main line "A", recorded in Book 1807 at page 699 of Arapahoe Coi.Ilty Records, as the point of beginning of Lines "B" am "C"; thence Westerly an angle to the left of 90 degrees 00'00" a distance of 195.1 feet to a point; thence Southwesterly an angle to the left of 45 degrees 00'00" parallel to am 10.0 feet North-- westerly of Colunn Line "M'I'' a distance of 524.4 feet to a point; thence Northwesterly an angle to the right of 90 degrees 00'00" parallel to and 25.0 feet Northwesterly of Colunn Line "12" a distance of 396.0 feet to a point; thence Northeasterly an angle to the right of 90 degrees 00'00" parallel to am 10.0 feet South-- easterly of Col1.111n Line "ZZ" a distance of 933.0 feet to a point; thence Easterly an angle to the right of 45 degrees 00'00" a distance of 503.0 feet to a point on line "A" referred to as point of ending lines "B" am "C". Inclooing all fire hydrants am services leading thereto. 'lhe foon of said easement shall be as found on Exhibit "A" attached hereto and incorporated herein by reference. Section 5. This vacation ordinance shall became effective to vacate said property and the l'l:lyor and ex officio City Clerk- Treasurer are authorized to execute a copy hereof and deliver to Cindecnak Associates, a joint venture. Section 6. 'lbat the eaSEIIIent for the p:operty described in Sect1on 4 hereof shall be recorded in the records of Arapahoe Coi.Ilty Colorado. Introduced, read in full, and passed on first reading on the 17th day of September, 1984. Published as a Bill for an ordinance on the 19th day of september, 1984 • Eugene L. 0t1s, l'l:lyor Attest: ex off1c10 C1ty Clerk-Treasurer 3 • I • • - • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, COlorado, hereby ce.rtify that the above and foregoi~ is a true, accurate and canplete copy of a Bill for an ordinance, introduced, read in full, and passed on first readi~ on the 17th day of September, 1984. Gary R. Higbee 4 I . • • • • • GRANT CF WATER LINE FASEMENr THIS GRAN!' of a water line easanent (this "Grant") is made this day of , 1984 by CINDERHAK ASSOCIATES, A JOINT VENruRE, (''Grantor") llilose address is m favor of the CITY CF ENGLaKXD, COLORADO, (1'Grantee11 ) loilose address is 3400 South Elati street, Englewood, ()) 80ll0; 'ttle parties covenant and agree as follows: 1. Easanent Proeerty. 'ttle "Easanent Property" shall mean the real property located m the Coooty of Arapahoe, State of Colorado, more particularly described as follows, to wit: Line C -8" Dianeter water Main Beginning at the point identified in the easanent description for water main line "A", recorded in Book 1807 at page 699 of Arapahoe Coooty Records, as the point of beginning of Lines "B" and "C''; thence Westerly an angle to the left of 90 degrees 00'00" a distance of 195.1 feet to a point; thence Southwesterly an angle to the left of 45 degrees 00'00" parallel to and 10.0 feet Northwesterly of Cohron Line "l't1'' a distance of 524.4 feet to a point; thence North- westerly an angle to the right of 90 degrees 00'00" parallel to and 25.0 feet Northwesterly of Colunn Line "12" a distance of 396.0 feet to a point; thence Northeasterly an angle to the right of 90 degrees 00'00" parallel to and 10.0 feet Southeasterly of Colunn Line "ZZ" a distance of 933.0 feet to a point; thence Easterly an angle to the right of 45 degrees 00'00" a distance of 503.0 feet to a point on line "A" referred to as point of ending lines "B" and "C". Including all fire hydrants and services leading thereto. 2. Consideration. As consideration for this Grant, Grantee has paid Grantor the Sli!I of cne Dollar ($1.00) and other good and valuable consideration, the receipt of loilich is hereby acknowledged by Grantor. 3. Grant of water Line Easanent. Grantor hereby grants to Grantee, its successors and assigns, a perpetual, nonexclusive easenent (the "water Line Easanent") aver, under, across and through the Easanent Property for the purpose of constructing, operating, maintaining, repairing, replacing, rEIOOVing and enlarging the "Lines and AppUrtenances", as hereinafter defined. 'nle "Lines and • I • • ( • • • - Appurtenances" shall mean one or more water pipelines and all necessary underground and surface appurtenances thereto necessary or desirable for the transnission of water, inclooing, but not limited to, mains, conduits, vaults, ventilators, electric or other control systmes, cables, wires and connections. 4. Access. Grantee shall have the perpetual, nonexclusive right of ingress and e:Jress in, to, over, through and across the Easement Property for any purpose necessary or desirable for the full enjo}'llerlt of the rights granted to Grantee l.l'lder this Grant. 5. Restoration. Grantee agrees that after the construction, maintenance, repau, replacement, or enlarganent of any of the Lines and Appurtenances, Grantee shall restore the surface of the Easement Property as nearly as reasonably possible to the grade and condition it was in imnediately p~:ior to said construction, maintenance, repa ir , replacement, or enlarganent, except as may be necessay to accatmOdate the Lines and Appurtenances. Grantee agrees to restore and repair any improvanents of Grantor on the Easement Property lltlich are danaged, modified or altered by Grantee during said construction, maintenance, repair, replacanent or enlarganent. 6. SUbjacent and Lateral &lep;>rt. Grantor covenants and agrees that Grantee Shall have the r1ght of subjacent and lateral support on the Easement Property to lltlatever extent is necessary or desirable for the full, complete and undisturbed enjo}'llerlt of the rights granted to Grantee lnder this Grant. 7. Rights of Grantor. Grantor reserves the full right to the undisturbed <Mlership, use, and ~ of the Easement Property insofar as said <Mlership, use, and ~ is consistent with and does not impair the rights granted to Grantee in this Grant. 8 . llbandonnent. In the event that Grantee shall abandon the rights granted to 1t under this Grant, all right, title and interest hereunder of Grantee shall cease and terminate, and Grantor shall hold Easement Property, as the same may then be, free fran the rights of Grantee so abandoned and shall own all materials and structures of Grantee so abandoned, provided that Grantee shall have a reasonable period of time after said abandonment in lltlich to ranove any or all Lines and Appurtenances fran the Easement Property. In the event that Easement is abandoned by Grantee, Grantor shall have the right, at its sole option, to r~ire Grantee to ranove or neutralize any imp~:ovanents constructed in the Easement by Grantee. 9. warranty of Title . Grantor warrants and represents that Grantor is the fee simple <Mler of the Easanent Property and that 2 • I • • • • • • Grantor has full right, title and authority, that this Grant is effective to grant and convey to Grantee the water Line Easanent, and that this Grant of an easanent is superior to all other grants. Grantor further covenants and <~;Jrees to indEmnify, defend and hold Grantee harmless fran and e13ainst any adverse claUn to the title of the Easanent Property by all and every person or persons lawfully claimi~ or to claUn the lohole or any part thereof. 10. Bindi~ Effect. 'Ibis Grant shall extend to and be bindi~ upon thehe1rs, personal representatives, successors and assigns of the respective parties hereto. 'lhe teens, covenants, <~;Jreenents and conditions in this Grant shall be construed as covenants runni~ with the _land. IN WITNESS WHElUXlF, the parties hereto have executed this Grant of water Line Easanent the day and year first above written. Attest: Title: Attest: Title: GRANTOR: CI~ERHIU< ASSCCIATES, a joint venture 3 By 'lhe Equitable Life Assurance SOciety of the United States, a New York corporation By __________________ _ Title: By Dennak Associates, a Limited Partnership By Kravco, Inc • , a Pennsylvania corporation By ______________ _ Title • I • • • • • • Sl'ATE CF ~ YORK ss. ClXJNTY CF ~ YORK '!be foregoing instri.IIIE!Ilt was acknowledged before me this ~~ .~~ ~ --------------------------~Md ~ of '!be -=B::Ju~.,..l t::-ab-r;l.-:e---=L..,.l7fe~As=-==s:-:ur=ance=-==--- society of the united states, a New York Corporation, ~ Joint venturer of Cindecnak Associates, a joint venture. WI'IWESS my hand and official seal. My Oommission expires: STATE CF PEHISYLVANIA ClXJNTY CF I'DIT<D4ERY ss. Notary Pllbl ic Address: '!be foregoing instri.IIIE!Ilt was acknowledged before me this day of , 1984 ~ ------------------------~ and ===--.=--=--===r:-:::='l'~--~ of Kravco, Inc., a Pennsylvarua corporation as General Partner of Dennak Associates, a limited partnership as Joint venturer of Cindecnak Associates, a joint venture. WI'IWESS my hand and official seal. My Oommission expires: Notary Pllblic Address: • I • • - • • • • GRANI'EE: CITY <F ~. a Colorado Municipal Corporation Attest: Gary R. Hlgbee, ex officio City Clerk-Treasurer STATE <F CXX.ORAOO ss. Acknowledged before me this day of , 1984 by &Jgene L. Otis as Mayor and Gary R. H1gbee as ex officio city Clerk- Treasurer of the City of l'hglewood, Colorado. wrna:ss my hand and official seal. ~ Cbmmission expires: • Notary PUbl1c 3400 s. Elati Englewood, (]) 80110 I . - - • • • • BY AUTHORITY OROINAOCE NO. SERIES OF 198'~4--- A BILL FOR AN ORDINAOCE APPROVIt«i AN AGREa1ENT BE'lWEEN 'lliE CITY OF EN>LEWOOD, COLORADO, AND THE ARAPAHOE RmiONAL LIBRARY DISTRICT AND APPROVIt«i J\OOENDUM 'lliERETO FOR ESTABLISit1ENT OF 'lliE APAL BOOK FUND TO BETI'ER LIBRARY SERVICES TO CITIZm5 OF EXir.EiiOOD AND 'lliE axJm'Y. BE IT OROIHNID BY 'lliE CITY COUN::IL OF 'lliE CITY OF EN>LEWOOD, COLORADO, AS E'OLI..CMS: Section 1. '!bat the c:.]reement between the City of Ehglewood, Colorado, and the Arapahoe ~ional Library District, entitled "Agreement for Library Services," is hereby approved. A copy of said Agreement i s attached hereto as Attachnent 1 and incorporated herein by reference. Secti on 2. '!bat the addendun to the Agreement for Library Services for establistrnent of the APAL Book Fund CIIIOng Arapahoe ~ional Library District, Englewood Public Library, Edwin A. Bemis Library and Aurora Public Library is hereby approved. A copy of said Addendun is attached hereto as Attactrnent 2 and incorporated herein by reference. Section 3. The Mayor and ex officio City Clerk-Treasurer are hereby authorized to sign and attest said Agreement and 1\ddendun on behalf o f the City Cotneil and the City of Ehglewood. Introduced, read in full, and passe1 on first read i ng on the 17th day of September, 1984. Publ i shed as a Bi ll for an Ord i nance on the 19th d a y o f September, 1984. Attest: Eugene L. 0t1s, Mayor ex offic1o C1ty Clerk-Treasurer I , Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Ehglewood , COlorado, hereby certify that the above and foregoing is a true , accurate and canplete copy of a Bill for an Ordinance , introduced , read in full , and passe1 on first reading on the 17th day of September, 1984. Gary R. Higbee I • - ( • (( • • • • AGREEMENT FOR LIBRARY SERVICES THIS AGREEMENT, 1111de and entered i nto this ___ day of -----• 1984 , by and between the CITY OF ENGLEWOOD, COLORADO, a municipal corporation, herein- after someti~~~es referred to as "City•, and the ARAPAHOE REGIONAL LIBRARY DISTRICT, hereinafter s011etiooes referred to IS "Distri ct". WITNESSETH : WHEREAS, the Arapahoe Region a 1 L1 brary Dlstri ct, being a statutory regional l i brary district organized and existing pursuant to Title 24, Article 90, Colorado Revised Stltutes, 1973, IS aooended, for the purpose of providing library service to the residents of the unincorporated areas of Arapahoe County and those municipilit i es with i n sa i d County not operating their own public libraries ; and WHEREAS, the Ci ty of Englewod operates a public library within its corporate boundaries and desires to cooperate wi th the District in providing library service to District res i dents according to the terws and condit i ons as hereinafter set fo r th below and i n accordance with appl i cable statutes of the State of Colorado; and WHEREAS, the jllrti es have contracted previously for a cooperative approach t o provisi on of sa i d library services and des i re to continue providing sa i d services betwen the City and the District , 1!011, THEREFORE, for and in cons i deration of the IIIUtual pr011lses here i n, i t Is agreed by and betwen the part i es hereto as follows : l. The Distri ct shall c i rculate to library cardholders of the Ci ty of Eng l ewod any i tn ava il able for c i rculat i on fr011 the Distr ict 's library facilities, and the City shall ci r culate to Arapahoe County resi dents who qualify for and possess 1 Distri ct l i brary card any i t n ava il able for circ ul ation fro. the City 's l i brary fa ciliti es . Bo t h Distric t and City sh a ll Ni nta i n ci rculat i on records for sai d t ran sactions and shall subllit t he saooe t o e ach other on 1 qua r te rly ba sh. Upon receipt of said reports, the City shall debit t he Distr ict f or each i t n circulated by the City to District cardholders, and the District shall deb it the City for each itn circulated by the District to the City cardholders at the rate of Fifty-five cents (SO .SS) per transaction, and pa,_nt for the net difference between said transactions shall be Nde accordingly by the library wfth the lesser cfrculatfon figures to the library with the greater circulation figures at this rate . ATTACHMENT 1 I • • • • • • 2 . The rate per transaction specified in this Agre~nt and upon its signature shall coincide with the rate then currently in use by the Central Colorado library Systetn in its reel proca 1 borrowing progr••· 3 . The tem of this Agrel!tllent shall be for the year c-cing January 1, 1985 up to and including Decelllber 31, 1985 . During said ter., all qualif ied cardholders for both the District and the City libraries •Y enjoy reciprocal borrowing at both the City and the District facilities respectively, and said cardholders shall be subject to all applicable rules and regulations associated therewith . 4 . It is understood between the parties hereto that the District shall not receive any equity in book stock or in any of the City's library facilities by virtue of the teriiS of this Agree.nt; and the City shall not receive any equity in the book stock or in any of the District's library facilities by virtue of this Agree.nt . 5. The District shall have access to City library records during noMIIIl business hours for the purpose of verifying all figures supplied to the District by the City and the City shall have access to District library records for the sa• purpose . 6 . During the ter. of this Agree.nt, City will establish and •intain 1 book.abile stop on 1 once-a-llll!ek basis to the following area: Alice Terry School. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first abon written . ATTEST : Secretary ATYEST : Director of Finance, u-offlcio City Clerk-Treu~rer ARAPAHOE REGIONAL LIBRARY DISTRICT By 11P=re::s"l"'d=en=<t•, .... so::ac::i'd::T"':o"'f,.....,.Tr:::u:::s"t"'ee"'s:---- CITY Of ENGLEWOOD, COLORADO By~~~~~~~~r------Niyor, Clty of EngleiOOOCI -2- • I • - • • • • ADDENDUM TO AGREEMENI' FOR LIBRARY SERVICFS (ESTABLISHING THE APAL BOOK FUND) THIS ADDENDUM to Agreement for Library Services establishing the APAL Book Fund, entered into the day of ------ 1984, WITNESSETH WHEREAS, the parties have entered into an agreement for reciprocal circulation services; and WHEREAS, the parties seek to secure the ownership of certain books in common in order to provide books that they could not individually acquire; tO'J, THEREFORE, BE IT AGREED AMOOG THE PARTIFS AS E'OLLCMS: 1. 'ftle four public libraries in Arapahoe COunty (Aurora Publ i c Li brary, Englewood Public Library, Edwin A. Bemis Public Li brary, and Arapahoe Reg i onal Library District) have agreed t o cooperat e i n a project naned APAL -Arapahoe Public Acces s to Li brar i es. 2. 'ftle mission of the d i rectors of the four publ i c l i bra r i es i s to improve access to l i brary materials t o resi dents of Ar apahoe COunty as endorsed by the four l i brary boards. 3. TO accompl i s h this mi ss i on, each library will deposit in 1985 t he sum of TWenty-fi ve Hundred Dolla r s ($2,500) in a restricted fund held and adm i n ist e red by the Ar apahoe Reg ional Library District as follows: Ar apahoe Pub lic Li brary - i nvo i ce for $2 ,500 will be sent by Ar a pahoe Reg i ona l Li brary Di s tric t ; on recei pt , the money will be placed i n the r estricted APAL Boo k Fund. Englewood Public Library -$2,500 will be deducted from Arapahoe Regional Library District's first quarter reciprocal borrowing payment and placed in the restricted APAL Book Fund. Edwin A. Bemis Public Library -$2,500 will be deducted from Arapahoe Regional Library District's first quarter reciprocal borrowing pa~t and placed in the restricted APAL Book Fund • Arapahoe Regional Library -$2,500 will be transferred from unappropriated surplus funds and placed in the restricted APAL Book Fund. ATTACHMENT 2 I • • - c ( • ( • • • • !I ' IN WITNESS WHERroF 1 the City of &'lglewood and the Arapahoe Regional Library District have set thei r hands and seals the day and year first above written. Attest: Secretary Attest: ex off1c1o C1ty Clerk- Treasurer ARAPAHOE RfXiiONAL LIBRARY DISTRICT ~----------------~~~~ Pres1dent CITY <F ~~ CXlLORAOO ~---=~~~~~~-------fugene L. ot1s 1 Mayor I • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM 1E INITIATED BY Library Advisory Board SUBJECT 1985 ARAPA HOE REGIONAL LIBRA RY DISTR ICT AG REEMENT FOR LIBRARY SERV I CES AN \nf\t:M ntll, ACT I ON PROPOSED Caun c ; 1 accept r he Bo ard recommend at; an to approv e Asr eeme nt INTRODUCTION At its meeting of August 14, 1984, the Library Advisory Board voted to recommend the 1985 Arapahoe Regional Library District Agreement for Library Services and its Addendum to City Council for its consideration. The Board supports approval of the Agreement for 1985. ( BACKGROUND ( • The agreement with Arapahoe Regional Library District is presented to City Council annually. It provides for t he provision of reciprocal borrowing services (circulation) to residents of the two library jurisdictions involved. It outlines a mechanism for reimbursement of the net lender under the Agreement. The addendum addresses the continuation of the Arapahoe Public Access to Libraries (APAL) Book Fund. This joint fund is used to implement a cooperative acquisition project designed to identify and purcha se information resources for the four APAL member agencies --Englewood Public Library, Littleton Public Library, Aurora Public Library and Arapahoe Regional Lib r ary District. FINANCIAL 1~1PACT The Agreement is transaction-based specifying a payment to the net lender library of $0.55 per net loan. This rate parallels that of the Central Colorado Library System (CCLS) Reciprocal Borrowing Program in which the Englewood Public Library a lso partici- pates. Englewood is a large net lender under the Agreement. Income to the City via the 1983 Agreement was $22,301.40. Library Staff estimates that 1985 income will be $18,000. The Addendum to the Agreement provides that $2,500.00 of Englewood's 1985 income under the Agreement will be deducted from Arapahoe Regional Library District's first quarter reciprocal borrowing payment and placed in the restricted APAL Book Fund on behalf of the Englewood Public Library. Englewood's payment to the fund wi ll be matched by the three other member libraries. RECOMMENDED ACTION The Agreement provides in orne forth City. In addition, it funds the Library's I • • ( ( • • • • participation in the APAL Book Fund cooperative purchases and secures reciprocal borrowing services for Englewood residents. Board and Staff recommend that Council approve both the 1985 Agreement and its Addendum. I • • - ( ( ( • • • • AGREEMENT FOR LIBRARY SERVICES TH I S AGREEMENT, made and entered into this ___ day of _____ , 1984, by and between the CITY OF ENGLEWOOD, COLORADO, a munic i pal corporati on, here i n- after somet i ones referred to as "City", and the ARAPAHOE REGIONAL LIBRARY DISTRICT, hereinafter sometimes referred to as "Distri ct". WITNESSETH : WHEREAS, the Arapahoe Regional Library District, be i ng a statutory regional library district organized and existing pursuant to Title 24 , Art i cle 9D, Colorado Revised Statutes, 1973 , as amended, for the purpose of providing library service to the residents of the unincorporated areas of Arapahoe County and those municipalities within sa i d County not operating their own public libraries ; and WHEREAS, the City of Englewood operates a public library within its corporate boundaries and desires to cooperate with the District in providing library service to District residents according to the ter~~s and conditions as hereinafter set forth below and in accordance with applicable statutes of the State of Colorado; and WHEREAS, the parties have contracted previously for a cooperative approach to provis i on of said library services and desire to continue providing said services between the City and the District, NOW, THEREFORE, for and in consideration of the IIIUtual pr011ises herein, it is agreed by and between the parti es hereto as follows : 1. The Di stri ct shall c i rculate to library cardholders of the Ci ty of Englewood an y i t"' ava i lable for ci rcuht i on fr011 the Distri ct's li bra r y fac ili t i es, and the City shall ci rculate to Arapahoe Count y residents who qualify for and posse s s 1 Dis tric t li brary c ard an y it"' ava il able f or ci rculat i on fr011 the City 's li br ary fa cilities. Bo th Dist rict and Ci ty s hall Ni nta i n c i r cu lati on records for said transactions and shall s ublllit the s alllf! t o e a ch ot her on a quarterly basis . Upon receipt of said reports, the City s ha ll de bit the District f or e ach itf!lll circuhted by the City to District cardholders, and the District shall debit the City for each itet11 circulated by the District to the City cardholders at the rate of Fifty-five cents (SD .55) per transaction, and paYIIIf!nt for the net difference between said transactions shall be ude accordingly by the library with the lesser circulation figures to the library with the greater circulation figures at th1s rate. • I • • ( ( ( • • • • 2 . The rate per transaction specified i n th is Agreement and upon its signature shall coincide with the rate then currently in use by the Central Colorado Library System in its reciprocal borrowing progra111 . 3. The term of this Agree~~ent shall be for the year c-nci ng January 1, 1985 up to and i ncluding Decelllber 31, 1985 . During said term, all qualified cardholders for both the Distri ct and the City libraries lillY enjoy reciprocal borrowing at both the City and the District facilities respectively, and said cardholders shall be subject to all applicable rules and regulations associated therewith . 4. 1t 1s understood between the parties hereto that the District shall not receive any equity In book stock or in any of the City's library facilities by virtue of the terms of this Agree~~e~~t ; and the City shall not receive any ~quity in the book stock or in any of the District's library facilities by virtue of this Agree~~ent . 5. The District shall have access to City library records during nol"lltll business hours "for the purpose of verifying all figures supplied to the District by the City and the City shall have access to District library records for the salle purpose . 6 . During the tenn of this Agree~~ent, City will establish and u1nta1n a bookllobile stop on 1 once-a-week bash to the following area : Allee Terry School. IN IIITIIESS IIHEREDF, the parties have set their hands and seals the day and year first above wr1tte11. ATTEST : Secretary ATTEST : Director of Fl nance, ex-offf c1 o C1 ty Clerk-Treasurer ARAPAHOE RE61DIIAL LIIIIIARY DISTRICT By .,..Pre=s717de~~=t-,..,BO"""a""'rd,....,o"'f-T'"'r...,u-=s"'"tee=s--- CITT DF ENGLEWOOD, COlORADO By~~~~~~~~.------Niyor, City of EngleiiOOOd -2- I • • ~ . -·In - ( • • • • ADDENDUM ESTABLISHMENT OF THE APAL BOOK FUND The four public libraries in Arapahoe County, Aurora Public Library, EngleiiOOd Public Library, Edwin A. Bl!llh Public Library (Littleton), Arapahoe Regional Library District, hne agreed to cooperate i n a project nailed APAL -Arapahoe Public Acces to Libraries . The •1ssion of this group of directors is to i~rove access to library Mterials to residents of Arapahoe County, an undertaking endorsed by the four library boards. To carry out this •1ssion, each library w111 in 19B5 deposit Sz,500.oo in 1 restricted fund held and a~in1stered by the Arapahoe Regional Library District. Money for this fund w111 be contributed IS follows : Aurora Public Library-invoice for $2,500 will be sent by Arapahoe Regional Library District; on receipt the-Y w111 be placed In the restricted APAL Book Fund . EngleiiOOd Public Library-$2,500 w111 be deducted fro~~ Arapahoe Regional Library District 's first quarter reciprocal borrowing pa,_nt and placed in the restricted APAL Book Fund. Edwin A. Bl!llls Public Li brary-$2,500 w111 be deducted fro~~ Arapahoe Regional Li brary District 's first quarter reciprocal borrowing pa_,....t and placed i n the restri cted APAL Book Fund . Arapahoe Reg i onal Li brary-$2,500 w111 be transfei"Ad f.-. un- appropri ated s urplus funds and placed I n the restricted APAL Book Fund . President. Ara pahoe Regiona l Li br ary District • I • • - • • • • • RESOLUTION NO. J.f SERIES CF 1984 __ _ A RESOLUTION APPOINTIN:i NIUCY N. REID, ESQ. ASSISTANT CITY ATTORNEY. WHEREAS, the City of Ehgle...ood, a Cblorado hane rule IIUlicipal corporation, desires to enploy Nancy N. Reid, Esq. as Assistant Cjty Attorney; tai, THEREFORE, BE IT RESOLVED BY 'nfE CITY OXltCIL CF 'nfE CITY CF DG.&lOOD, COLORADo: 1. 'lhat Nancy N. Reid, Attorney at Law, is appointed half-time Assistant City Attorney, half-time beiD;J 20 hours per week. 2. Consideration for said half-time enplo}'!lle!'lt shall be at the rate of $16,000 per year to be paid bi-weekly on re;Jular City pa}'days, and said services shall cxmnence october 1, 1984. 3. It is ex~essly \mderstood that the services perfonned are as a pennanent, part-time enployee of the City of Ehgle...ood with benefits the same as accorded to any pennanent part-time enployee. ADOPl'ID AR> APPROVID this 17th day of Septanber, 1984. Attest: Eugene L. Otis, Mayor ex officio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Cblorado, hereby certify that the above aro fore:JOiD;J is a true, accurate aro canplete copy of Resolution No. __ , Series of 1984 • Gary R. Higbee • • I . - • • RESOLUTION ooclt SERIES <F 1984-- • • • A RESOLUTION AMmDI~ '!HE 1984 PUBLIC IMPROVIMENI' FUND ro TRANSFER ~"UNDS ro '!HE EN;L~OOO URBAN RENEWAL AUTHORITY FOR REMOVAL <F '!HE PUBLIC SERVICE C<MPANY SUBSTATION AT LI'M'LE DRY CREEK ON EAST SIDE <F BRO~Y IN '!HE CITY <F fNiLEWOOO, O)LORAOO. WHEREAS, the City COuncil of the City of Englewood desires to make changes in the Public Improvanent Fund; and WHEREAS, the Public Service OXnpany substation is not needed on the east side of Broadway at Little Dry Creek; and WHEREAS, the removal of the Public Service OXnpany substation will result in a more aesthetically pleasing area adjacent to Little Dry Creek; and WHEREAS, the removal of the Public Service OXnpany substation was not contemplated at the time of adoption of the bOOget; and WHEREAS, the Treasurer has certified that there is a sufficient cash surplus to meet the appropriations; NeW, 'IHEREFORE, BE IT RESOLVID BY '!HE CITY CXXJOCIL <F '!HE CITY <F EN;L~OOO, COLORADO, as follows: Section 1. The following appropriation is hereby made in the Public Im~ovement Fund: Source of FUnds General E\i11d Balance ~ro~iation of FUnds Englewood Urban Renewal Authority (F\.Jnd 44-44) $170,000 $170,000 Section 2. The City Manager and Director of Finance are he<eby authOniOd to """" the above -~ ....,., of the City of Englewood. AOOPI'ID AW APPROVED this/} tJ. day o , 1984. Attest: &lgene L. 0t1s, Hayor ex off1c1o C1ty Clerk-Treasurer • I • • - • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby oerti fy that the above and foregoing is a true, accurate and canplete copy of Resolution No. __ , Series of 1984. Gary R. Hlgbee • I • [ • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJECT September 13, 1984 ~A Bi d Award ; F ire P um per INITIATED BY James M. Broman, Fi r e Ch ief ACTION PROPOSED The City Council approve t h e a wa r d i n g of a bid to American Fire Prevention, I n c. in t h e amoun t o f $1 41,602.00 to furnish one (1) Peter Pirsch custom fi r e pumper. BAC.WROUND The 1984 budget provides for the purch ase of one (1) fire pumper with a cash down payment and the balance finan ced t h rough a lease/purchase agreement. Competitive bid proposals were opened on Au gust 24, 1984, and tabulated ( as follows: ( • MANUFACTURER BID PRICE DELIVERY 1. Pirsch $141,602 .00 250 days 2. General (Spartan) $144,350.00 280-320 days 3. Pierce $146,702.00 240-300 days 4 . Pirsch (Spartan) $157,463.00 90 after chassis 5. Can-Am $159,500.00 180 days 6. 3-D (Spartan) $160,715.00 150 after chassis 7. Grumman (Spartan) $161 ,996.00 180-240 days 8. Boardman $162,389.00 360-240 day s 9. Emergency One $165,442.00 240 days After careful evaluation of these proposals, I would recommend that the bid be awarded to American Fire Prevention, Inc. (a dealer for Peter Pirsch & Sons) in the amount of $1~,602.00. The projected cost was $160 ,000 .00, as a similar unit purchased last year was priced at $152,000.00. • I • •