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Home My WebLink About1984-10-15 (Regular) Meeting Agenda\ • • • City Council Meeting -Regular October 15, 1984 0 • • • • ~~/S~ Y!~~f.A~+o ~ ~ YJ: ~"-47 • 0 0 • I . . • • • AGENDA ITEM ----PRESENTED BY ------- -1 . Q...-A--.1....(~ @i~{-: ?1.1-~J-C -v.-~< /71 L C t1 A ~----- a--e ,J , ...----- ROLL CALL Moved Seconded Ayes Nay Absent H,Qcsav Neal Vobe,da Wei s t Bllo Bradshaw Otis MOTION: Abstain .------------------~--------~----~ • I . . • • • AGENDA ITEM -----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Rlgdav v-- Neal t-- Vobe da t,..-- Weist a--• 811o V' Bradshaw v Otis v MOTION: I • • • • / AGENDA ITEM < j ?<-- Moved Seconded ttlgoay Neal v Vobe i da v Weist Bllo Bradshaw Otis MOTION: ROLL CALL • • • PRESENTED BY -------- Ayes ~Y Absent Abstain I I T - I • • - • • AGENDA ITEM _tb ___ _ PRESENTED BY -------- "OLL CALL l'loved Seconded Ayes Nay Absent "•ooay v -~·1 Vobe1da We ist • ~ .... IIIlo -llradshMot --Otis MOTION: • I • • • • • - • • AGENDA ITEM ([I U~ PRESENTED BY A ('G j )!\ (J l-U 1 ~( 1---J ¥ 1-It fJ._l/ q c__,. "~l .vU-U '-- Hoved Seconded A yes Nay Absent Absuln t1lgdiY Neal Vob e i d a Weist Rl Bradshaw Otis MOTION: I . • • • - • • PRESENTED BY ------- I ' ( / ,_ / ROLL CALL Moved Seconded Ayes ~y Absent Abstain Hladav lleal -v VObe,da -Wei s t -v Bllo -Bradshaw -Otis - I . . • • • • • AGENDA ITEM -----PRESENTED BY ------- jlLvyv vrJ' "-.___f ,5 ,'riD p'~,, ROLL CALL Moved Seconded Abstain 111gaay Nul Vobe i d a Werst 81lo Bradshew Otis MOTION : I • • • • • • • AGENDA ITEM ~~ PRESENTED BY ------- fJJ-;'__;-CC n:__ i ( 1 '\ ,,~._..-"''---'--"' Ll ROLL CALL Hoved Seconded Ayes Nay Absent Abstain Hladav ....-- v lfeaT VObeida Weist L _.. Bllo Bradshaw Otis - MOO'ION: /l L ( I • • • • • • • AGENDA ITEM // ('____...-PRESENTED BY ------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday v Neat - vobe i da 1/ Weist Bllo -Bradshaw - Otis -- I • • • • • - • • AGENDA ITEM -----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain ~ay y Neal _l_ ~da 1 ~ Weist j_ • _8JJo Bradshaw _I_ Otis MOTION :(ZJ-G (')..._ II ?--- • I • • • • • • • • AGENDA ITEM -----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain ~~~ _y _Neal 'l2t!.tida v We_!_st Jlllo Bradshaw Otis MOTION: I • • • • - • .. • AGENDA ITEM ----PRESENTED BY ------- ROLL CALL Moved Seconded HIQd•Y -Ne•l I Vobeida I v Weist v Bllo Br•dsh.w Otis MOTION: I • • • • • - • • AGENDA ITEM _,_/.J...(_:h.:;__ __ PRESENTED BY -------- ROLL CALL Moved Seconded "I!ICI•Y Nul I I /" Vobeida Weist • v-Bllo Br•dsh.w Otis MOTION: • I • • • • • - • • AGENDA ITEM -.!...1...!./_b __ · _ PRESENTED BY -------- ROLL CALL Moved Seconded "I QCI•Y --v Nul I V0be1da I Weist • v Bl lo Br•dsh.w Otis MOTION: JLY. • I • • • • • - • • AGENDA ITEM-~-~-~--PRESENTED BY -------- ROLL CALL Moved Seconded Ayes tt.y Absent 111QCUIY .- y Nul I v Vobei d a I Weist T Rllo Bredsh-I OtI s MOTION: I • • • • • • • AGENDA ITEM _:.._1_/_d_ __ _ PRESENTED BY -------- ROLL CALL ~ved Seconded Ayes N.y Absent Abst•ln Hlgd•y Ne•I Vobe i da Weist Bllo Br•dsh.w Otis I • • • AGENDA ITEM U) CL~ {~ ·l 'iJ--~ [ Moved Second d e - 1- L.. '-;/ 17 MCYI'ION: ~ oday Nea~ Vobe da Weist Rlln Bradshaw Otis • • ' . • P RESENTED BY Ayes IU!y Absent Abstain 1 r I I - I • • • - • • AGENDA ITEM I I E..., . PRESENTED BY -------- ROLL CALL Hoved Seconded Ayes May Absent HlgOay v Neal v Vobe1 da Weist 81 lo Bradshaw Otis • I • • • • • - • • AGENDA ITEM -----PRESENTED BY-------- ROLL CALL l'loved Seconded Ayes Kly Absent Abstain liTQa•v - Neal Vobe1 d a - Welst • Bllo -- Bradshaw - Otis MOTION: • I • • • • • • • PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain IITCiGiV Neal Vobe1da v Weist 1-:"': Bilo Bradshaw Otis MOTION: (_' f?j Jf ~ 0 I • • • • • - • • AGENDA ITEM -----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes ~y Absent Hlgday v NeaT v Vobe1da Weist • Bllo Bradshaw Otis I • • MCYriON:/) ( { )'H v- • • • • - • • AGENDA ITEM -----PRESENTED BY-------- I~ ROLL CALL Moved Seconded Ayes tuy Absent Abstain ~gdav Neal ) Vobe1da I We st I • 81 lo I Bradsh- Otis - MOTION: {v--- • I • • • • • - • - AG ENDA ITEM -----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes ~Y Absent Abstain IHC!day ---Neal I Vobe1da welst Bl lo Bradshaw Otis MariON: I • • • • • • • AGENDA ITEM --L~~8""--'_;_-PRESENTED BY -------- ROLL CALL Hoved Seconded Ayes Nay Absent Abstain "1gaay Neal Vobeida Weist Blio Bradshaw Otis MOTION: I • • • • • • • AGENDA ITEM _,_;_:::3:_.. __ P RESENTED BY --------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday Neal Vo be1 d a l / Weist v 81 lo Bradshaw Otis MOTION: I • • • • • • AGENDA I TEM ~~ P RESENTED B Y -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday -v-Neal I Vobeida I Wei s t I '/ Rllo Bradsh-I Oti s - MOTION: ~ { (/()_ l/v I • • • - - • r AG E NDA ITEM 1) {,o/J J pAt ----- t'1-b /'{'--"' ~~i" Moved s econded Ayes -11 Qdav -~ Mea 1--- I-- Vobe,da ~ I We-Ist I Bi l o -1- I I Bradshaw I Ot i s --r-__.__ MOTION: • • • • P RESENTED BY Nay Absent Abstain 3 --- I I I ___j I • • • ' • • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL OCTOBER 15, 1984 7:30P.M. l . Call to order. 2. Invocation. --z/c~ :r --- 3. Pledge of Allegiance by Boy Scout Troop Nos. 115 and 154. 4. Roll Call. 5. Minutes. 6. 8. 9 (a) Minutes of the regular meeting of October l, 1984. (Copies enclosed.) (b) Minutes of the special meeting of October 8, 1984. (Copies enclosed.) Pre-Scheduled Visitors. to 10 ainutes.) (Please limit your presentation (a) Mr. Greg Johnson, Kutak, Rock and Huie, will be pre- sent to discuss refunding bond issues for the King Soopers Plaza Project. Non-Scheduled Visitors. to 5 ainutes.) (Please liait your presentation Coaaunications and Proclaaations. Consent Agenda Iteas. (a) (b) Minutes of the Court Advisory Coaaittee aeeting of July 9, 1984. (Copies enclosed.) Minutes of the Enflevood Housing Authority aeeting of August 29, 198 • (Copies enclosed.) I • • '-i l I ( , • • • - Page 2 October 15, 1984 Agenda 9. Consent Agenda Items (Continued). (c) Minutes of the Urban Renewal Authority meetings of September 5 and 24, 1984. (Copies enclosed.) (d) Ordinance on final reading vacating a storm sewer and water line easement and granting an easement L~ for a water line in the Cinderella City parking lot. (Copies enclosed.) (c) Ordinance on final reading granting to the Englewood Housing Authority $250,000 for the Englewood Home Rehabilitation Program and amending an agreement between the City of Englewood and the Englewood Housing Authority for administration of the Home Rehabilitation Prograa. (Copies enclosed.) 10. Public Hearing. 11. Ordinances, Resolutions and Motions. (b) Bills for Ordinances and Council Communication froa the Planning and Zoning Coaaission recoaaending a change in zoning froa R-1-C to R-2 for 2720 West Union Avenue and 2800 West Chenango Avenue. (Copies enclosed.) L._,;d.._,'-<...1._jl L ft. ~.t.- Bill for an Ordinance and Council Coaaunication froa the Water and Sever Board recoaaending an aaendaent to an agreeaent with the Urban Drainage and Flood Control District and the City of Littleton providing for piping of the City Ditch in Sterne Park, Total cost is estiaated to be $85,000 to be divided equally aaong the three entities. (Copies enclosed.) Resolution and Council Coaaunication froa the Halley Center Trust Fund Board of Trustees to appropriate $4,500 froa the Trust Fund for construction of a staff shower facility at the Halley Center, (Copies enclosed.) (d) ~Bill for an Ordinance and Council Coamunication -~ ~ froa the Division of Building and Safety, Depart-id aent of Coaaunity Developaent concerning the adoption of, and proposed aaendaenta to, the National Electrical Code, 1984 Edition. (Copies enclosed.) (e) Resolution of the City of Englewood upholding the National League of Cities in its support of the recoaaendation of the United States Coaaission on vartiae relocation and internaent of civilians. (Copies enclosed.) I • • - , • • • • Page 3 October 15, 1984 11. Ordinances, Resolutions and Motions (Continued). 12. Bill for an Ordinance establishing the mill levy for fiscal year 1985 at 5.694% for the General Fund and 2.496% for the bonded indebtedness for the Englewood Recreation Center. (Copies enclosed.) City Manager Report.~~ 13. City Attorney Report. I _) t- 1 14. General Discussion. (a) Mayor's Choice. ~. Council Keaber's Choice. '-'1 ·~1..;, (b) 15. Adjournaent. LN~J)/c(~ ANDY~C COWN City Manager AK/sb fv~ ' .L:>-~ ~ . t-V¥ ~ }!' v') ~.frJ.. . J~f \ I • • - , • REGULAR MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado October 1, 1984 /O- The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on October 1, 1984, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Reverend Jim Clark, Mayflower Con- gregational Church, 3001 s. Acoma. The pledge of allegiance was led by Boy Scout Troops 1115 and 154. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present • • • • • • • • Also present were: City Manager McCown City Attorney Olsen • • • Assistant Director of Community Development (Planning) D. Romans Deputy City Clerk Johannisson • • • • COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 17, 1984. Council Member Bilo seconded the motion. Council Member Neal asked that page 8 be corrected with the following to be added: "Council Member Neal indicated he had discussed i t with EDDA and requested the vacant seat on the EDDA remain open." Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. I • ....... I • October 1, 1984 Page 2 • • .. The Mayor declared the motion carried. * * * • * * * COUNCIL MEMBER NEAL MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 24, 1984. Council Member Weist seconded the mo- tion. Council Member Vobejda asked that the second to last paragraph of page 2 be corrected to read: "There were no other citizens ••• " Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * Mayor Otis presented City Manager McCown with a plaque commemo- rating his ten years of service to the City as city manager. * * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO CONSIDER ITEM 6(G) ON THE AGENDA, A PROCLAMATION CONCERNING THE NATIONAL BUSINESS WOMEN'S WEEK. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * • * * * * * COUNCIL MEMBER BRADSHAW MOVED TO PROCLAIM OCTOBER 21-27, 1984 AS ENGLEWOOD BUSINESS AND PROFESSIONAL WOMEN'S WEEK. Council Member Neal seconded the motion. Evelyn Hudgens, President of the Englewood Chapter of the Busi- ness and Professional Women was present to receive the proclamation. Upon a call of the roll, the vote resulted as follows: • I • • • I • October 1, 1984 Page 3 Ayes: Nays: • • • Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * Mary Carter, Chairperson of the Board of Trustees, South Subur- ban Park Foundation, was present to discuss and update Council on the progress of the Colorado Greenway Trail. Mrs. Carter's associate pre- sented a slide show of the river trail. Mrs. Carter requested that the City continue to support financially the Colorado Greenway Trail. * * * * * * * Lee Fowler, 3926 S. Pennsylvania, was present to relate a pro- blem his neighborhood is having with high school kids. He stated that the high schoolers were parking for periods longer than permitted by the parking signs, leaving beer cans, pop cans, lunch sacks in the street, and speeding in the street and alley. He further stated that he has not received any cooperation from the Police Department or the high school in solving the problem. Mike Struewing, 3420 s. Pennsylvania, was present to discuss the same situation. Council Members Bradshaw and Higday directed staff to provide them with a study of the complaint. Council Member Higday promised an answer to Mr. Fowler and Mr. Struewing. * * * * * * * Agenda item 5 was presented for acceptance. Council Member Vobejda pointed out that item 5b, minutes of the Career Service Board, cited Tom Holland, in error. COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT AGENDA ITEMS 5(A) THROUGH 5(H) WITH CORRECTIONS. Council Member Silo seconded the motion. Upon a call of the roll, the results were as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis • None. The Mayor declared the motion carried. I • • l f • October 1, 1984 Page 4 * * * * • • .. * * * Jim Espinoza, a member of the City Manager's staff, presented agenda items 6(A) through 6(D) relating to sanitation district supple-ments. COUNCIL MEMBER HIGDAY MOVED TO APPROVE CHERRY HILLS RANCHO WATER AND SANITATION DISTRICT SUPPLEMENT t3. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. COUNCIL MEMBER HIGDAY MOVED TO APPROVE CHERRY HILLS RANCHO WATER AND SANITATION DISTRICT SUPPLEMENT t4. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. COUNCIL MEMBER HIGDAY MOVED TO APPROVE SOUTHGATE SANITATION DISTRICT SUPPLEMENT tlOl. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. COUNCIL MEMBER HIGDAY MOVED TO APPROVE SOUTHGATE SANITATION DISTRICT SUPPLEMENT 1102. Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. • I • • - • • • October 1, 1984 Page 5 • • • The Mayor declared the motion carried. • • • • • • • Dorothy Romans, Assistant Director of Community Development presented item 6(E), a recommendation concerning the 1985-1986 Highway Work Program. COUNCIL MEMBER BILO MOVED TO FORWARD THE HIGHWAY WORK PROGRAM RECOMMENDED BY THE PLANNING AND ZONING TO THE ARAPAHOE COUNTY COMMIS- SIONERS TO BE INCLUDED IN THE 1985/1986 WORK PROGRAM. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. • • • • • • • Dorothy Romans presented 6(F) relating to the Broadway Planned Development. Dan Boyd, representing COM, Inc, assisted in the presen- tation. They showed the new plan and compared it to the original plan. The Planning and Zoning Commission recommended approval of the revised plan. Council Member Neal asked that steps are taken to insure that the City is in compliance with all zoning requirements as it relates to the water tower. COUNCIL MEMBER BILO MOVED TO RECEIVE THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION AND APPROVE THE AMENDMENT TO THE BROADWAY PLANNED DEVELOPMENT. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • • • • • • • • COUNCIL MEMBER BRADSHAW MOVED TO CONSIDER AGENDA ITEM 7(C). Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • - • • • • October 1, 1984 ( Page 6 ( ( • Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * City Attorney Olsen explained that the property description in Council Bill No. 43, was in error. Council Bill No. 43.1 corrects these errors. ORDINANCE NO. SERIES OF 1984 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 43.1 INTRODUCED BY COUNCIL MEMBER VOBEJDA AN ORDINANCE VACATING A STORM SEWER AND WATER LINE EASEMENT AND GRANTING AN EASEMENT FOR A NEW WATER LINE IN THE CINDERELLA CITY PARKING LOT. COUNCIL MEMBER VOBEJDA MOVED TO APPROVE COUNCIL BILL NO. 43.1, SERIES OF 1984, ON FIRST READING. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * COUNCIL MEMBER VOBEJDA MOVED TO TABLE AGENDA ITEM (7A). Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * • * • * • * • I • • • • October 1, 1984 Page 7 ORDINANCE NO. 43 SERIES OF 1984 BY AUTHORITY • • • COUNCIL BILL NO. 44 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN 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 MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 44, SERIES OF 1984, ON FINAL READING. Council Member Silo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Silo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1984 • • • • BY AUTHORITY A BILL FOR • • • COUNCIL BILL NO. 46 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE GRANTING TO THE ENGLEWOOD HOUSING AUTHORITY $250,000 FOR THE ENGLEWOOD HOME REHABILITATION PROGRAM AND AMENDING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY FOR ADMINI- STRATION OF THE HOME REHABILITATION PROGRAM. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 46, SERIES OF 1984, ON FIRST READING. Council Member Silo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Silo, Bradshaw, Otis • None. The Mayor declared the motion carried • I • • - • • October 1, 1984 Page 8 • • • • • • • • • • City Manager McCown presented a resolution to change the rules of order and procedure at City Council meetings. It was requested that paragraph V.C., City Manager be changed to: "The City Manager, or his designated representative, shall attend " RESOLUTION NO. 36 SERIES OF 1984 A RESOLUTION DETERMINING THE RULES OF ORDER AND PROCEDURE GOVERNING MEET- INGS BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COUNCIL MEMBER NEAL MOVED TO PASS RESOLUTION NO. 36, SERIES OF 1984. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • • • • • • • • City Manager McCown presented the bids for landscaping and trees for the Community Center. COUNCIL MEMBER NEAL MOVED TO AWARD THE COMMUNITY CENTER LAND- SCAPING BID TO GREENSPOT NURSERIES FOR $26,850. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • • • • • • • • COUNCIL MEMBER BRADSHAW MOVED TO AWARD THE COMMUNITY CENTER TREE BID TO MOUNTAIN MEADOWS NURSERIES. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • - ' • • • • • October 1, 1984 Page 9 Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * City Manager McCown thanked Council for the plaque presented earlier. He thanked Council for their hard work over the past ten years. * * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO AUTHORIZE THE MAYOR TO SEND A LETTER TO THE DENVER SYMPHONY ORCHESTRA DENYING THEIR REQUEST FOR FUND- ING. Council Member Weist seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Weist, Bilo, Bradshaw, Otis. Council Member Vobejda. The Mayor declared the motion carried. * * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROPRIATE $2,000 FROM AID TO OTHER AGENCIES TO THE ENGLEWOOD PARADE TO BE HELD IN NOVEMBER. Council Member Weist seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Silo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council Member Higday stated that if a flag presentation was to be made during the parade, the presentation should be made to the Governor or the Mayor of Englewood. * * * * * * * Mayor Otis adjourned the meeting at 9:05 p.m. • I • - • • SPECIAL MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado October 8, 1984 I b The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on October 8, 1984, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Higday. The pledge of allegiance was led by Mayor ·Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Vobejda, Bradshaw, Otis. Absent: Council Members Weist, Bilo. The Mayor declared a quorum present. * * * * * * * Also present were: City Manager McCown Deputy City Clerk Owen * * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO SET THE DATE OF OCTOBER 29, 1984 AT 5:30 P.M. FOR A PUBLIC HEARING TO CONSIDER AMENDING THE DOWNTOWN REDEVELOPMENT PLAN. Council Member Neal seconded the motion. Council Member Bilo entered the meeting at 5:03 p.m. Mayor Otis restated the motion and asked for the vote. 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. I • • • October 8, 1984 Page 2 • • • The Mayor declared the motion carried. COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 5:05 p.m. • I • • - (' • ORDINANCE NO. SERIES OF 1984 • • • BY AUTHORITY COUNCIL BILL NO. 51 INJ61D~CED BY COUNCILMEMBER A BILL FOR AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 36, SERIES OF 1984 WHICH AUTHORIZED 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; REPEALING ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH; AND DE- CLARING AN EMERGENCY . WHEREAS, the City of Englewood, Colorado (the "Issuer") is a legally and regularly created, established municipal corporation duly organized and existing as a home-rule city pursuant to Article XX of the Constitution of the State of Colorado; and WHEREAS, the provisions of the County and Municipality Development Revenue Bond Act, constituting Article 3, Title 29 , Colorado Revised Statutes (the "Act"), authorize munici- palities to finance, refinance, acquire, own , lease, improve and dispose of one or more projects, including any land, bu1lding or other improvement and all real or personal properties suitable or used for or in connection with com- mercial or business enterprises (includ i ng, without • I • • • • - limitation, enterprises engaged in selling any products of agriculture, industry, commerce, manufacturing or business), upon such conditions as the municipality may deem advisable; and WHEREAS, such municipalities are further authorized by the Act to issue reve~ue bonds for the purpose of defraying the cost of financing any such project ; and WHEREAS, on August 29, 1984 the Issuer adopted Ordinance No. 36, Series of 1984 which among other matters authorized the issuance and sale of $9,500,000 City of Englewood, Colorado, Industrial Development Revenue Bonds (King Soopers Plaza Project) Series 1984 (the "Bonds"); and WHEREAS, Englewood Redevelopers, Ltd ., a Colorado limited partnership, organized and existing under the laws of the State of Colorado (the "Partnership") and Boettcher & Company, Inc. (the "Underwriter") have requested the Issuer to amend Ordinance No. 36, Series of 1984 to provide that the aggregate principal amount of Bonds issued and said by the Issuer be amended from $9,500,000 to $8,920,000; and WHEREAS, the Issuer's Home Rule Charter provides that: Emergency ordinances necessary for the immediate preservation of public property, health, peace or safety may be introduced, read and unanimously approved by a quorum present , at any meeting of the Council. The facts showing such urgency and need shall be specifically stated in the ordinance. No ordinance shall receive final passage on the same date it is introduced; however, emergency ordinances may receive final passage by Council on the following day . Emergency ordinances shall take effect immediately upon final passage and shall be published within seven days -2- • ' ,. I • • - • • • • ,. • thereof. No ordinance making a grant of any special privilege, levying taxes, incurring indebtedness, authorizing borrowing money or fixing rates charged by any city owned utility shall ever be passed as an emer~ency measure .; and WHEREAS, the Issuer has been informed by the Part- nership and the Underwriter that circumstanc es, as described herein, warrant that this Ordinance be declared to be an emergency ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO THAT: Section 1. All action (not inconsistent with the provisions of this Ordinance) heretofore taken by the City Council and the efforts of the Issuer directed toward financing the Project (as defined in Ordinance No. 36, Series 1984), the issuance and sale of the Bonds therefor, and loaning the proceeds thereof to the Partnership therefor be, and the same hereby are, ratified, approved and confirmed . Section 2. The aggregate principal amount of the Bonds to be issued and sold is hereby declared to be $8,920,000. Any reference to the figure $9,500,000 in Ordinance No. 36, Series 1984 is hereby declared to be amended to read $8,920,000. Section 3. The Issuer has been advised by the Partnership and the Underwriter that the amendment described in Section 2 above is necessary for the issuing of the Bonds and the completion of the Project. The Partnership has -3- • I • • , • • • represented to the Issuer that the Project cannot proceed until such amendment is made and that delays in the comple- tion of the Project may have an adverse effect on the Issuer's Urban Renewal Plan and the redevelopment of the Issuer's Urban Renewal Area. Any such impact upon the redevelopment of the Urban Renewal Area may impair the security for the obligations pr~viously issued by the Englewood Urban Renewal Authority and may also impact upon the credit rating of the Issuer. Having been so advised, the Issuer hereby finds, determines and declares that this Ordinance is necessary for the immediate preservation of public property, health, peace or safety and shall take effect immediately upon final passage and shall be published within seven days of final passage hereof. Section 4. After any of the Bonds are issued, this Ordinance shall be and remain irrepealable until the Bonds and interest thereon shall have been fully paid, cancelled and discharged. Section 5 . If any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforce- abi lity of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance . -4- • • . ,. I • • • • • - Section 6 . All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith and with the documents hereby approved, are hereby repealed to the extent only of such inconsistency. This repealer shall n o t be construed as reviving any bylaw , order, resolution or ordinance, or part thereof. Section 7. Immediately upon its final passage, this Ordinance shall be recorded in the Issuer's book of ordinances kept for that purpose, shall be authenticated by the signatures of the Mayor and the Ex-Officio City Clerk/Treasurer, and shall be published within seven days hereof in the Englewood Sentinel, a legal newspaper of general circulation in the City. Introduced, read in full, and passed on first reading on the 15th day of October, 1984. Published az a Bill for an Ordinance on the 17th day of October, 1984. Attest: ex offic1o C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify the above and fore- going is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first read- ing on the 15th day of October, 1984. -5- • I . - MEMBERS PRESENT: MEMBERS ABSENT: ALSO PRESENT: • • • COURT ADVISORY COMMITTEE July 9, 1984 Minutes Harry Fleenor Glenn Waddell Tim Flynn Jim Curnes Vic Klein None Carolyne Boettger 1. The meeting was called to order at 7:00 p.m. by Harry Fleenor and a quorum was declared. 2. Curnes moved and Waddell seconded TO APPROVE THE MINUTES OF J UNE 11, 1984. The motion passed unanimously. 3. Municipal Court subjects of: 1) splitting judgeships; 2) relocation of courtroom; and 3) selection of associate judges were tabled until the '• next regular meeting in August. • 4. Presentation of the 1984 revised budget and 1985 proposed budget was postponed until the next regular meeting in August. 5. Flynn moved and Curnea seconded TO TAKE NO FURTHER ACTION IN THE MATTER OF PETBR NBY, MUNICIPAL COURT JUDGE PARKINSON, AND THE CITY COUNCIL. The motion passed unanimously. 6. The Committee set as the next meeting date Monday, August 13, 1984, at 7:00 p.m. The meeting adjourned at 7:35 p.m. • I . - • • • • COURT ADVISORY COMMITTEE August 13, 1984 Minutes MEMBERS PRESENT: Harry Fleenor Glenn Waddell Tim Flynn Jim Curnes MEMBERS ABSENT: Vic Klein ALSO PRESENT: Carolyne Boettger Gary Higbee 1. The meeting was called to order at 7:00 p.m. by Harry Fleenor and a quorum was declared. 2. The minutes of July 9, 1984 were approved. 3. The Committee reviewed and accepted the Municipal Court's 1984 estimated budget and 1985 proposed budget noting $2,000 is contained in the budget for legal fees concerning the Peter Ney case. The motion on the aforementioned action passed with Flynn abstaining. 4. The topic of splitting judgships was postponed until the September meeting. The Committee requested that Judge Parkinson attend the September meeting and be prepared to speak on the subject issue. 5. The Committee accepted the Court Activity Report for second quarter, 1984. 6. Carolyne Boettger presented proposed plans for court facilities for the Committee's review and no action was taken. 7. Carolyne Boettger submitted a memorandum concerning the advisability of the court remaining open on Saturdays and no action was taken. 8. The Comm i ttee rece i ved a memorandum Parkinson concerning associate judges. the Judge subm i t appointments of one or from Carolyne Boettger and Judge A motion was passed recommending more associate judges for appointment for a four-year term. 9. The next meet i ng date is scheduled for September 24, 1984. I • • • CALL TO ORDER • • • ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS Regular Meeting Wednesday, August 29, 1984 The Regular Meeting of the Englewood Housing Authority was called to order at 5:12 p.m. on Wednesday, August 29, 1984, by Chairman Thomas J. Burns, at Simon Center, 3333 South Lincoln St., Englewood, Colorado, 80110. I. ROLL CALL Members Present: Thomas J. Burns, Chairman Betty Beier, Vice Chairman Valerie Lash, Member (arrived at 5:40p.m.) Cindy Peterson, Member Members Absent: Beverly Bradshaw, Member Also Present: II. Robert B. Moch, Attorney at Law for the Englewood Housing Authority Frances Buck Jonas, Executive Director -EHA Frank E. McCoumb, Maintenance Supervisor -EHA Dorothy Gonzales, President, Tenant Council, Simon Center Mary A. Ryan, Recording Secretary -EHA The Chairman declared a quorum to be present . READING AND APPROVAL OF MINUTES Amendments to the Mi nutes of the Regular Meeting of the Englewood Hous i ng Author i ty held July 27, 1983 : Pa ge 2 Second line, add "THE FIRE IN THE ORCHARD PLACE TRASHROOM ... " Amendments to the Minutes of the Regula r Meeting of the Eng l ewood Hou si ng Authority held July 25, 1984 : Page l Page 6 La st pa r agra ph, third li ne: Dele te ent i re s enten c e beg i nning "Ms. Laub e" and end i ng "a l so discussed". Add in l i eu t he r eof: "Ms. Laube further explained the proposed amendment to the zoning law to allow mobile homes in I-1 (light industrial) zone. Also explained by Ms. Laube was a proposal to use the mobile homes for future rehab projects and the assisting of pe rsons to purchase these rehabilitated units." First Motion -last line: Add the word "BUDGETS" between "Existing " and "prorated". t«JTION IT WAS MOVED BY VALE RIE LASH TO ACCEPT THE MINUTES OF THE JULY 27, 1983, REGUL AR MEETI NG OF THE ENGLE WOOD HO USI NG AUTHO RITY AS AM ENDED. BETTY BEIER SECO ND ED THE MOTIO N. AY ES: NAYS: ABSENT: BURNS , BEI ER , PE TERS ON, LASH NON E BRADSHAW The Chairman declared the Motion carried . I • • • Englew ood Housing Authority Board of Commissioners Regular Meeting -August 29, 1984 MOTION • • • Minutes continued Page Two IT WAS MOVED BY BETTY BEIER TO ACCEPT THE MINUTES OF THE JULY 25, 1984, REGULAR MEETING OF THE ENGLEWOOD HOUSING AUTHORITY AS AMENDED. CINDY PETERSON SECONDED THE MOTION. AYES: NAYS: ABSENT : I I I. BURNS, BEIER, LASH, PETERSON NONE BRADSHAW The Chairman declared the motion to be carried. PUBLIC HOUSING The Status Report for the Duplexes was noted with little discussion by the Board of Commissioners of the Englewood Housing Authority. Item B-2 on the Agenda, memo regarding the Duplex Waiting List, was noted with no action required or taken by the Board of Commissioners. Item B-3, Application for Public Housing (25 units) acquisition with or without rehabili- tation for large families (3-4 bedrooms), was discussed. Thomas J. Burns informed the Board of Commissioners about the City Council Meeting held August 20, 1984, at which a discussion took place regarding such acquisition of public housing and the possible im- pact this acquisition would have on the City of Englewood. Item B-4, Orchard Place Status Report was noted by the Board of Commissioners with little discussion. It~n B-5, City Ordinance regarding noise created by trash disposal people picking up trash at Orchard Place was discussed briefly. Frank McCoumb, Maintenance Supervisor, reported his discussions with the trash disposal company about the problem created by their noise in the early morning hours. Item B-6, Financial Statements submitted to HUD. Ms. Jonas reported that the statements are incomplete because the audit of the Englewood Housing Authority is not complete. Item B-7, Maintenance Reports. Frank McCoumb reported to the Board of Commissioners about the paint chipping and cracking at Orchard Place. Ms. Jonas reported to the Board of Commissioners that the application of an elastomeric water proofing paint was being considered for inclusion in the budget for next year if possible. Ms. Jonas further reported that there had been no more water in any of the units at Orchard Place despite the heavy rains encountered during weeks recently passed. IV. SIMON CENTER The Status Report on Simon Center was noted with brief discussion . • I • • Englewood Housing Autho r ity Board of Co mm issioners Regular Meeting -August 29, 1984 • • • Minutes co nt inued Page Three Item C-2 , the Triad Boiler Proposal submitted for examination of the Board of Com- missioners by Jim Ethier was given indepth discussion. Topics covered were : anti-trust and sole source of supplies; getting an opinion from Public Service Company regarding the cost effectiveness of the Triad Boiler system; trying the boiler equipment out at Simon Center first to detern1ine cost effectiveness; having architect Carl Fischer review the Triad Boiler Proposal. Item C-3 , Letter of Appr ec iation from Arapahoe County Co~i ssioners reg arding th e use of Simon Center for c ommodity distribution wa s noted with brief discus s ion. v. SECTION 8 EXISTING The Status Report for Section 8 Exis ting was noted with a brief discussion en s ui ng r e- garding eligibility requirements for receiving Section 8 Existing ass i stance and new HUD regulations concerning such eligibility. Item D-2, Project Self Sufficiency Conditi onal Invitation Letter for Sec t i on 8 Ex i s tin g was dis cussed noted. Item D-3 -Application for 28 additiona l Sect i on 8 Exi s ting unit s was noted by the r Board of Commissioners . • Item D-4, Advertisements in new s pape rs regard i ng c losing of Sect ion 8 Exi s ting Waiting List was noted by the Board of Co mmis s i oner s . At this point in the meeting, Robert B. Mo c h, Attorney at Law fo r the Englewood Hou s ing Authority gave the Board of Commissioners hi s evaluation of the shared equity lien proposed method of finan ci ng the ARRP pr oj ect s . No deci s ion wa s reached by the Board of Commi s s i oners regarding the acceptability of this proposed method of financing since no pri ce for these units ha s bee n set and no apprai s al done to determine the selling price of the units . VI. REHABILITATION PR OGRAM The St atus Reports for the Rehabilitation Program were noted by the Board of Commissioners with some discussion concerning the waiting lists for rehab money. Item E-2 , Rehab Construction Status Report was noted wit~ discussion concerning di f ferent types of rehab needed by the persons who apply for t he rehab loans. Valerie Lash in f ormed the Board of Commissioners that most of the loans before the Reh ab Lo an Committee were for work to bring the houses up to code (plumbing and electrical). Item E-3 , Memo regarding increased multi-family unit loan limits. • I • • - • r • Englewood Housing Authority Board of Commissioners Regular Meeting -August 29 , 1984 MOTION • • • Minutes continued Page Four IT WAS MOVED BY CINDY PETERSON TO ACCEPT THE NEW LOAN LII~IT OF $20,000.00 PER UNIT ON MULTIPLE-FAMILY DWELLH~GS UP TO A TOTAL OF $80,000.00 FOR FOUR UNITS. VALERIE LASH SECONDED THE MOTION. AYES: NAYS: ABSENT: BURNS, BEIER, LASH, PETERSON NONE BRADSHAW The Chairman declared the motion to be carried. The Chairman instructed the Englewood Housing Authority staff to keep a balance between the funds spent on investor rehab and the funds spent for owner-occupied rehab. Item E-4, Memo to City Manager regarding use of 1984 City PIF for Rehab was noted. ~lOTION IT WAS MOVED BY VALERIE LASH TO RATIFY THE POLL CONDUCTED AT THE AUGUST 16, 1984, SPECIAL MEETING OF THE ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS HELD AT 3400 SOUTH ELATI STREET, CONFERENCE ROOM A, 12:00 NOON, AUTHORIZING THE EXECUTIVE DIRECTOR TO SUBMIT A REQUEST FOR $100,000.00 OF PIF FUNDS TO BE USED FOR PROGRAM ADMINISTRATIOI~ OF THE HOUSI1~G REHABILITATION PROGRAM IN 1985. IF A CD GRANT IS NOT AWARDED TO THE CITY OF ENGLEWOOD, THE PIF FUNDS WOULD BE USED TO FUND REHABILITATION GRANTS AND LOAN SUBSIDIES DIRECTLY. CINDY PETERSON SECONDED THE MOTION. AYES: NAYS: ABSENT: BURNS, BEIER, LASH, PETERSON tiONE BRADSHAW The Chairman declared the motion carried. Items E-6 and E-7, ARP.P Status Report and WHERE Article, respectively, were noted and briefly discussed by the Board of Commissioners. VII. TENANT COUNCIL Dorothy Gonzales, President of the Simon Center Tenant Council, initiated a discussion of the bat problem at Simon Center. Frank McCoumb gave the Board of Commissioners a brief update on the problem and the solutions being used to get rid of the bats. VIII. DIRECTOR'S CHOICE Executive Director Jonas gave the Board of Commissioners a brief update on Linda A. Knopinski 's work schedule explaining that since the resignation of Joyce Brei, it was • I . • • Englewood Housing Authority Board of Commissioners Regular Meeting, August 29 , 1984 • • • Minutes continued Page Five necessary for Ms. Knopinski to devote a great deal of her time to the Section 8 Existing program. Ms. Jonas further explained that Ms. Knopinski had been released from her URA duties and was now spending 100 % of her time on Housing. Ms. Jonas gave the Board of Com.nissioners a brief summation of the accounting ~1orksho ;.> bein g conducted by Robert J. Sylvester, CPA, in Colorado Springs on September 24 and 25 , 1984. MOTION IT WAS MOVED BY BETTY BEIER THAT THE EXECUTIVE DIRECTOR BE AUTHORIZED TO ATTEND THE ACCOUNTING WORKSHOP PRESENTED BY ROBERT J. SYLVESTER, CPA, IN COLORADO SPRINGS, COLORADO, ON SEPTEMBER 24 AND 25, 1984. VALERIE LASH SECONDED THE MOTION. AYES: BURNS, BEIER, LASH, PETERSON NAYS: NONE ABSENT: BRADSHAW The Chairman declared the motion carried. Ms. Jonas brought to the attention of the Board of Commissioners the lack of signed Oaths for the Commissioners of the Englewood Housing Authority on file. Ms. Jonas stated she would discuss this matter with Attorney Robert B. Moch and report to the Board of Commissioners her findings on the necessity of signed Oaths for the Commis- sioners of the Englewood Housing Authority. Linda A. Knopinski 's request for financial help fron 1 the Englewood Housing Authority in obtaining Certified Property Manager Training from the Institute of Real Estate Management was brought before the Board of Commissioners. Ms. Jonas explained that the !REM courses Qrovide a great deal of training which is of a highly professional nature. The Board of Commissioners questioned the relation- ship between this training from IR8! and the Housing Administrator's job. The Board of Commissioners expressed its desire to have Ms. Knopinski address the Board in person and discuss this IREM training with them. The Housing Bond Policy Article was noted by the Board of Commissioners with little discussion. ~Is. Jonas reported to the Board of Commissioners a conversation she had with Skip Kraner of Utilities Services Association concerning Attorney Jimmie Mills letter regarding USA's proposal for Solar Retrofit equipment. Ms. Jonas suggested that Mr. Kraner put in writing his concerns about the letter from Mr. Mills and submit his concerns to the Board of Commissioners for consideration . • I • • • Eng lewood Hou si ng Au thority Board of Comm iss ion ers Re gular Meeti ng, Augu st 29 , 1984 I X. COMMISSIONERS ' CHOICE • • - Mi nu t es cont i nued Pa ge Si x Reports from Thomas J. Burns and Cindy Peterson on the NAHRO Educational Conference held in Denver on July 27 and 28, 1984, were submitted for the informat i on of the Board of Commissioner s . X. PUBLICATIONS There was a br ief di scus s io n con cerning those publ i cation s su bmi tted by the Executive Dir ecto r fo r the information of the Boa r d of Comm i s si oner s. It was dete rmi ned that there wa s no further busin ess t o be cond ucte d by th e Board of Co mm issioner s at thi s meetin g. IT WAS MOVED BY BETTY BEIER THAT THE REGULAR MEETING OF THE ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMI SSIONERS HELD AUGUST 29, 19 84, BE ADJOURNED . VALERIE LASH SECONDED THE MOTION. AYES : NAY S: AB SENT : BURN S, BEIE R, LAS H, PETERSON NONE BRADSHAW The motion was dec l ared carried, and the Regular Meeting of the Board of Comm issioners of th e Englewood Housing Authority, held August 29, 1984, was ad j ou rne d a t 8:15 p.m. Minutes of the Regular Meeting of the Englewood Housing Aut ho rity Board of Commissioners held August 29, 1984, stand approved as submitted. ~4 Ch · an • I • • ( • ( • I. CALL TO ORDER. • • • URBAN RENEWAL AUTHORITY September 5, 1984 The regular meeting of the Englewood Urban Renewal Authority was called to order at 5:35 P. M. by Vice-Chairman Lawrence Novicky. Members present: Totton, VanDyke, Cole, Minnick, Neal, Novicky Powers, Ex-officio Members absent: Voth, Mcintyre Also present: Assistant URA Director Wm. Richard Hinson Relocation Officer Judith Belnap URA Negotiator Scott McDowell City Manager McCown Steve Bell, Hanifen-Imhoff II. APPROVAL OF MINUTES. August 1, 1984 August 8, 1984 Mr. Novicky stated that the Minutes of August 1, 1984, were to be con- sidered for approval. Minnick moved: Totton seconded: The Minutes of August 1, 1984 be approved as written. AYES: VanDyke, Cole, Minnick, Novicky, Totton NAYS: None ABSTAIN: Neal ABSENT: Voth The motion carried. Mr. Novicky suggested an amendment on Page 1 of the August 8, 19 84 minutes. Minnick moved: Neal seconded: The Minutes of August 8, 1984 be approved as amended on Page 1. AYES: Cole, Minnick, Neal, Novicky , Totton, VanDyke NAYS: None ABSENT: Voth ABSTAIN: None The motion carried. III. TAX INCREMENT BONDS. Mr. Steve Bell was present to discuss curr nt n gotiations with Central Bank of Denver, purchaser of the Series B bond issue. Thea negotiations • 9 c I • • • • • -2- would resul t in the Hanifen-Imho ff purchasing fr om Central Ba nk the ent i re Series B issue, and t hen reiss uing "refunding bonds", which would be pur- chased by Central Bank. This would, at today's market, net t h e Authority a three point profit in cash r evenues. The bank could also profit, as could Hanifen-Imhoff. Mr. Bell discussed the procedure more fully, and noted that these bonds would then become AAA rated, because they wo u ld be "escrowed". Discussion ensued. City Attorney Olsen entered the meeting. Mr. Bell stated that if these negotiations are successful, and everything occurs as projected, the Authority can be guaranteed a three point, $195,000 profit. Ms. Power s stated that this has no t been reviewed with Mr. Benedetti, legal counsel for the Authority, at this point in time. She stated that if the Authority takes action this evening, it should be subject to the approval of Mr. Benedetti. Further discussion ensued. Mr. Bell stated that if, after securities are ordered, something occurred to prevent the issuance of the refunding bonds, there is a stipulation that a re-order cannot be made for six months. Mr. Novicky asked if this procedure can be done more than once if the interest rates fall sufficiently to warrant refinancing. Mr. Bell stated that this procedure can be done any number of times, but there must be a demonstrated benefit to be realized from the refunding bond issue. Neal moved: Minnick seconded: The Urban Renewal Authority authorize the Executive Director and Bond Advisor to proceed with the issue of refunding bonds, subject t o the approval by the Legal Counsel to the Authority. The Authority is to be guaranteed thre e points, $195,000 profit from this transaction. AYES : Cole, Minnic k, Neal, Novicky, To tto n, VanDyk e NAYS : None AB SENT: Vo t h ABSTAIN: None The motion carried. Mr. Bell stated that he does guarantee the three point , $195,000 profit to the Authorit y if the t r a nsaction is completed. IV. LAND ACQUISITI ON • Minnick moved: VanDyke second ed : The Urban Re n ewal Authority go i nto executive s e ss i on regarding l and acquisition. AYES: Minnick , Nea l, Novicky, Totton , Van Dyke , Cole NAYS: No n e ABSENT: Voth ABSTAIN: None Tb action carried. • • I • • ( • • • • - -3- Mr. Olsen left the meeting. Minnick moved: Cole seconded: * * * * * The Urban Renewal Authority come out of executive session. AYES: Neal , Novicky, Totton , VanDyke, Cole, Minnick NAYS: None ABSENT: Voth ABSTAIN: None The motion carried. Neal moved: Minnick seconded: The Urban Renewal Authority authorize a counter offer to First Interstate Bank as follows: 1) The URA will pursue the rezoning of the parking lot north of Floyd Avenue to a comparable zone classification as that south of the Bank. 2) The URA will sell or trade on a square foot-to- square foot basis. 3) The URA will lease the balance of the parking lot north of Floyd to First Interstate Bank for parking purposes, if so desired by the Bank, until there is a need for roadway; the URA/City requests the right to repurchase the property, or an even trade of property at such time as needed. AYES: Novicky, Totton, VanDyke, Cole, Minnick, Neal NAYS: None ABSENT: Voth ABSTAIN: None The motion carried • V. ENGLEWOOD PARKWAY. City Engineer Gary Diede and Mr. John Pflaum entered the meeting. Ms. Penney Dietrich, EDDA, entered the meeting. Mr. Diede discussed the bid that was received for the construction of Englewood Parkway, which came in $700,000 over the engineers estimate. Mr. Diede discussed alternatives which wer e: 1) award the contract as bid $700,000 over estimate; 2) break the project down into smaller bid packages, i.e., sewer and water line installation; box culvert construc- tion; and actual roadway construction. A third alternative is to negotiate with the bidding contractor to lower the bid price, and 4) is to change the scope of the project and bid it again as a total package • • I • • • • • • -4- Mr. Diede estimated that it will take two months to modify the bid package, readvertise for bids, and reach the point of considering award of bids. Mr. Diede expressed concern on Alternate 1. Discussion ensued. Totton moved: VanDyke seconded: The URA authorize the preparation of separate bid packets for the sanitary sewer, water lines, and box culvert, and placing these items for bid as soon as possible. The URA hereby rejects the bid received from Kiewit Western Company for the construction of the Englewood Parkway. AYES: Totton, VanDyke, Cole, Minnick, Neal, Novicky NAYS: None ABSTAIN: None ABSENT: Voth The motion carried. VI. LITTLE DRY CREEK. Ms. Powers stated that a meeting with the City Council has been requested on September 24, 1984, at 5:00 P. M. to discuss the Little Dry Creek Pro- ject. The meeting will be in the Library Conference Room I, and dinner will be served. VII. LAW SUIT UPDATE. Ms. Powers reported that the Authority has possession of 3311 South Broadway, 3422 South Bannock Street, and 3464, 3466-68 South Bannock Street and 145 West Hampden Avenue. Ms. Powers reported on the im- mediate possession hearing regarding 3401 South Bannock Street; the Au- thority has been granted possession of the building and land, but not of the suite occupied by Action Answering Service. Discussion ensued. Minnick moved: Cole seconded: The Urban Renewal Authority go into Executive Session on the Eisen Relocation issue. AYES: VanDyke, Cole, Minnick, Novicky, Totton NAYS: None ABSENT: Voth ABSTAIN: None The motion carried. Minnick moved: Cole seconded: * * * * * The Urban Renewal Authority come out of Executive Session. AYES: Cole, Minnick, Neal, Novicky, Totton, VanDyke NAYS: None ABSENT: Voth ABSTAIN: None • I • • ( • • • • -5- The motion carried. Ms. Powers stated that Mr. Opperman, counsel for the Authority, was going to investigate the matter of insurance coverage on items such as glass/mirror breakage claimed by Mr. Eisen. Discussion ensued. Ms. Powers stated that Student Movers have stated that they never had more than four people on the premises at one time. The remainder of the claim for personnel covers family, friends and employees who are purported to have done the moving . Extensive further discussion ensued. Ms. Cole stated that she is dis- pleased because it appears the businessman knew that the bids were rigged and not legitimate when he submitted them to the Authority. She stated that she does not care how he made the actual move, but it should have been done with honesty with the Authority. Mr. Neal asked if there is any legal route to pursue if the bids were obtained illegally. Ms. Powers stated that the EPD investigators have submitted their report to the State Attorney General's Office, and she will ask Mr. Opperman to follow up on this matter. Minnick moved: Cole seconded: The Urban Renewal Authority direct the staff to follow through on the action with the Attorney General's Office on the estimates of moving companies submitted by Mr. Eisen, and to pursue civil remedies if warranted. AYES: Cole, Minnick, Neal, Novicky, Totton, VanDyke NAYS: None ABSENT: Voth ABSTAIN: None The motion carried. VIII. PUBLIC SERVICE COMPANY. Mr. Hinson discussed a proposal from Public Service Company to relocate the electric substation at U.S. 285/Broadway off-ramp. Early estimates for the relocation of this substation were exhorbitant, and as a result, engineers designed retaining walls around the unit along Little Dry Creek. It now appears, however, that the actual relocation cost will not be nearly as expensive as initially estimated, and that there can actually be a net savings to the Authority by accepting the proposal from Public Service Company. Mr. Neal stated that if the Authority decides to approve the proposal in concept, he would approach the City Council about paying for the cost out of the PIF. VanDyke moved: Totton seconded: The Urban Renewal Authority authorize the Executive Director to execute the agreement with Public Service Company for the amounts set forth in the agreement of September 4, 1984 • • I • • • • • • -6- Discussion followed. The vote was called. AYES: Minnick, Neal, Novicky, Totton, VanDyke, Cole NAYS: None ABSTAIN: None ABSENT: Voth The motion carried. IX. 1985 BUDGET. Ms. Powers presented and discussed a proposed budget for the fiscal year 1985, and modifications that are suggested to the 1984 budget. Totton moved: VanDyke seconded: The Urban Renewal Authority adopt Resolution #40, Series of 1984, A RESOLUTION ADOPTING THE BUDGET OF THE ENGLEWOOD URBAN RENEWAL AUTHORITY FOR THE FISCAL YEAR 1985. AYES: Neal, Novicky, Totton, VanDyke, Cole, Minnick NAYS: None ABSTAIN: None ABSENT: Voth The motion carried. X. PROPERTY ACQUISITION. 140, 144, 146 West Hampden Avenue Mr. Hinson stated that the staff has been discussing the acquisition of this property with Mr. Golladay, owner; Mr. Golladay is willing t o stipulate to immediate possession, but the selling price is still not determined. The proposed resolution would authorize eminent domain proceedings on this property if an agreement cannot be reached on the selling price. Minnick moved: Totton seconded: The Urban Renewal Authority adopt Resolution 041, Series of 1984, A RESOLUTION AUTHORIZING THE PURCHASE OR CONDEMNATION OF THE FEE SUfPLE INTEREST IN CERTAIN PROPERTY IN THE CITY OF ENGLEWOOD BY THE ENGLEWOOD URBAN RENEWAL AUTHORITY IMPLEMENTING THE ENGLEWOOD DOWNTOWN REDEVELOPMENT PLAN. AYES: Novicky, Totton, VanDyke, Cole , Minnick, Neal NAYS: No ne ABSENT: Voth ABSTAIN: None The motion carried • • I • • ( ( • • • - -7- XI. PROPERTY OWNER/TENANT LIST A master list of property owners and tenants was included in the packets for the information of the Authority; this will be updated monthly. XII. PROPERTY CLOSURES. Ms. Powers stated that the Urban Renewal Authority closed on the purchase of Graham Furniture, 3415 South Acoma Street, on Friday, August 31st. The URA will close on the purchase of property owned by Ms. Barbara Holthaus in the 3400 block of South Acoma Street on September 6, 1984. Ms. Powers discussed the closing procedure between the URA, Brady Corpora- tion and the Fiedelmans on property at 3405 South Broadway and 150 West Girard Avenue, which occurred on September 4th. Ms. Powers stated that on behalf of the Authority, she signed a lease-back agreement with Brady Development Corporation for the 38 ft . wide strip that the Authority was purchasing along West Girard Avenue. XIII. 4702 SOUTH WASHINGTON. Mr. Hinson stated that there is a contract for sale on this property; the couple interested in purchasing it are still trying to sell their condominium, but are about r~dy to buy the house prior to the sale of the condo. There are two minor matters that FHA and engineers want taken care of before the sale can be completed: 1) bubbles must be installed over the window wells; 2) grading to carry the drainage away from the house. Mr. Minnick stated that installation of the bubbles over the window wells is against the Code. XIV. RELOCATION STATUS REPORT. Ms. Belnap reviewed a Relocation Status Report for both residential and business relocatees. An average of $1,580 per claim has been paid to residential relocatees, and business relocatees have averaged $15,500 per claim. Ms. Belnap pointed out that only one business at this point in time has chosen to go out of business; she stated that this is an out- standing survival rate for businesses. Mr. Neal asked that the amounts paid be indicated on the summarization form, also. XV. RELOCATION POLICIES. Ms. Belnap presented proposed "Policies for Relocation Claims" for con- sideration. If these policies are approved by the Authority, they will be submitted to the remaining businesses to be relocated so they will know what documentation is expected up-front. Ms. Belnap stated that she is recommending that the Authority pay actual moving expenses, and that the moving company bill the Authority directly • • I • • • • -8- Discuss i on e n sued rega rding ca t ego riz a t ion o f bus i ne sses . It was the cons e n s us of the Au tho rity that the Re l ocatio n Guid e l i nes approved at the pr ev iou s me e ting were approved "as writte n" wi th the c a tegorization as s pell ed o u t i n tho se guid el ines. Minnick moved: Co l e second e d: Th e Urban Renewal Authority adopt the r e l oca tio n policies for Relocation Claims as set f o rth i n the memorandum dated September 4, 1984. AYES: Totton, VanDyke, Cole , Minni c k, Neal, Novicky NAYS: None ABSTAIN: None ABS ENT : Voth The motion carried ~ Ms. Cole excused herself from the meeting . XVI . REL OCATIO N CLA IM S Ms. Be l nap discus sed a r elo catio n claim f ile d by Overseas Ch r istian Servic emen's Cen t e rs , t e nants at 33 11 South Broadway. Neal moved : VanDyk e s e c onded: The Urban Renewal Authority a pprove payment of $2 ,963.63 to Overseas Christian Se rvicemen's Center as full pay - ment for th e relocatio n b e nefits. AYES: VanDyke, Minn i ck , Neal , No v icky, Totton NAYS: No n e ABSTAIN: No n e ABSENT: Vo t h, Cole The motion carried. Ms. Belnap discussed the Merle Norman Cosmetic Stud io at 3457 South Acoma Street. Mr. and Mrs. Loach, owners of the Merle Norman franchise, had planned to retire in 1985, and are looking for a buyer for the franchise. Ms. Belnap stated that she has discussed this issue with Legal Counsel Benedetti, and that he concurs that payment is to the "business", and not to an individual . If, however, Mr. Loach cannot sell the business before January 1, 1985, he will go out of business. Ms. Belnap stated that this is an informational report at this time. Ms. Belnap presented a relocation claim filed by Wm. VanSchooneveld, tenant at 140 West Hampden Avenue. VanDyke moved: Minnick seconded: The Urban Renewal Authority approve payment of $1,350.00 to Mr. VanSchooneveld for ren t reimbu rsement. AYES: Minnick, Neal, Novicky, Totton, VanDyke NAYS: None ABSENT: Voth, Cole ABSTAIN: None • • I • - ( ( • • • • -9- The motion carried. Ms. Belnap presented a relocation claim from Ms. Ramona Garrett, tenant at 146 West Hampden Avenue. VanDyke moved: Minnick seconded: The Urban Renewal Authority authorize payment of $1,515.00 in rent reimbursement to Ms. Ramona Garrett, tenant at 146 West Hampden Avenue. AYES: Minnick, Neal, Novicky, Totton, VanDyke NAYS: None ABSENT: Cole, Voth ABSTAIN: None The motion carried. Ms. Belnap presented a relocation benefit claim for Mr. Clinton Banner, tenant at 140 West Hampden Avenue. Totton moved: Minnick seconded: The Urban Renewal Authority authorize payment of $1,300.00 in rent reimbursement to Mr. Clinton Banner, 140 West Hampden Avenue. AYES: Minnick, Neal, Novicky, Totton, VanDyke NAYS: None ABSENT: Voth, Cole ABSTAIN: None The motion carried. Ms. Belnap discussed payment to residential relocatees without prior approval of the Authority. It was the consensus of the Authority that this authority had been granted to the staff by Mr. Neal's motion on August 8th. A possible retreat for members of the Urban Renewal Authority was dis- cussed. Ms. Powers reminded Authority members of a dinner sponsored by the Central Bank of Denver to which all members have been invited. This dinner will be on September 25th. The meeting adjourned at 9:15 P. M. • I • - • I . CALL TO OR DER . • • • URB AN RENEWAL AUTHORITY Special Meeting September 24, 1984 The special meeting of the Englewood Urban Renewal Auth ority was called to order at 5:15 P. M. by Chairman Robert Voth. Members present: Neal, Nov icky, Tot ton, VanDyke, Voth Powers, Executive Direc tor Members absent: Cole, ~linnick Mcintyre, Non-voting Alternate Council members present: Mayor Gene Otis Staff present: Als o present: II. CITY HALL SITE Beverly Bradshaw, Mayor ProTem Jim Higday John Neal Wm. Vobejda City Manager McCown Assistant City Manager Vargas Administrative Assistant Espinoza Public Relations Officer Dalquist Director of Engineering Services Diede Civil Engineer Ragland Assistant URA Director Wm. Richard Hinson City Attorney Olsen Eric Cummings, Michael Barber Architect Michael Barber, Michael Barber Architect Doug Schmitt, Pouw & Associates Joe Poli, Pouw & Associates Ralph Snyder, Pouw & Associates John Boyd, Brady Corporation Bob Gnaegy, Roecker Design Group David Roecker, Roecker Design Group Gail Whitney Law, Michael Barber Architect Ellen Johnson, Michael Barber Architect Janet Day, Rocky Mountain News Sharon Winkle, Director of Libraries Bill Taggart, McLaughlin Water Engineers Herb Schaal, EDAW, Inc. John Pflaum, McLaughlin Water Engineers Ms. Powers stated that one of the purposes of the special meeting of the Urban Renewal Authority is to hear presentations on the proposed City Hall site by Michael Barber of Michael Barber Architects. Ms. Powers introduced Hr. Barber and his associate, Eric Cummings. Hr. Barber discussed the study they have done on the relocation of the Municipal Court function to the Police/Fire Center. Copies of Volume I of this report were handed out • • I • • • • .. -2- Councilman Bilo entered the meeting. Mr. Barb e r dis c us sed th e study of the Po lic e /Fire Center struc ture and site, and th e d e termination that an addition t o the wes t side o f th e building t o accommodate the Municipal Court fun c tion is f easible . Mrs. Cole , URA member, entered the meeting at 5 :2 5 P. M. Mr . Barber discussed the need s of the Municipal Court, and of the Police Department fun c tion, and the proximity of the Co urt area t o the holdi ng cell area of the Police Department, and yet be accessibl e and c o nvenient t o the public . Mr. Barber stated that separat e entrances t o t he Court and the Polic e Departme nt was a des irabl e f ea tur e , and this ca n b e a ccomp lished with th e proposed addition on th e we s t side of the building. Mr. Barber then discussed the needs of th e Court in regard t o parking area . Th e re must also b e provision for parking of 35 patrol cars, in addition to th e staff parking and public parking for the Police/Fire complex. The Court is asking 100 t o 125 parking spaces for th e ir u se . URA member Mcintyre entered the meeting at 5:30 P. M. Mr . Barber discussed the need t o preserv e the Ernie And e rson co nf erence r oom in the Police Department. Security for th e Police Department i s also a nec essity that has to be considered in the remodeling and /or ad d ition t o the b uilding. Mr. Barber discussed s ome problems that are being experienced with th e Police/Fire complex: the need for wall insulation, wind ow insulation, and at least an additional 5,000 square feet for storage of police r ecords and evidence. Mr. Neal stated that one of the drawings in th e repo rt depicts a s e para- tion of the court room; i s this correct. Mr. Barber stated that it is; there would be th e flexibility to have two court ro oms , with separate taping facilities for both rooms. Mr. Neal questioned the amount of park i ng required by the Court. Mr. Barber stated that Court figur es indicate between 80 to 90 people are in court on Tuesday mornings, and there may be as many as 140 people in court on Wednesdays. Mr. Diede pointed out that the EPD will use 49 spaces, which they have n ow , but would like to hav e more. This p a r king area would be in conjunction with the Court. Mr. Bile expressed concern over the north entrance to the Court. He stated he felt this could be a problem during the winter month s. Mr. Barber discussed the reasoning in placing the suggested entrance to the Court on the northwes t corner of the addition. Mr. Barber discussed the financial aspects of th e entire project , in- cluding the insulation and improvements needed in the Police/Fire complex. Mr. Barber discussed Phase II of their study, which wa s the construction of a new City Hall/Library in the downtown redevelopment area on a given site north of the proposed hotel. Mr. Barber stat ed that th ey have re- viewed the program criteria for the new City Hall structure, and also re- viewed the design criteria for th Library • • I • • ( • • • • -3- Councilman Weist entered the meeting at 5:50 P. M. Mr. Barber reviewed the space requirements for City Hall, and the parking requirements of 128 spaces for employees, with 60 spaces for visitors; he stated that compared t o requirements f o r other City Halls they have reviewed, these r e quirement s seem to be rea sonable. Mr. Barber stated that the loca- tion of the City Hall must be convenient to the public, easy t o locate, and should establish an identity for and with the Community. It should be easily accessible to commuter, pedestrian, and public tra nsportation. Visability is a very important factor to consider, also. The structure should be efficient, and provide flexibility f o r organizational changes. Mr. Barber stated that he had also reviewed the prog ram for the Library needs. The study done on Library n eeds indicates that 26,000 square feet of the suggested 36,000 square foot total area should be on one level; the other 10,000 square feet could be on a second floor to accommodate th e administrative offices and conference rooms . There is also the recom- mendation that th e r e be an additional 8,000 square feet to allow for Library expansion . The parking requireme nts f o r the Library are a ratio of 5 spaces per 1,000 square feet of floor area. Visibility is als o an important consideration in the location of a Library. Mr. Barber discussed advantages in having a Library/City Hall building, noting that th ere could be a common lobby, service areas could be shared, etc. Disadvantages of combining th e two uses were the amount of land area available in the given site. Mr . Barber stated that the land area is very limited; th e single-floor area of 26,000 square feet for the Library public area cannot be achieved on the site. There is no space to allow for the suggested expansion area for the Library, and no additional room f o r expansion of either the City Hall or Library. A shared parking structure, t o be shared with the hotel, does have economic advantages, but the confusion to patrons visiting the City Hall and/or Library is a disadvantage. Mr. Barber discussed the cost of underground parking structures. Mr. Barber discussed several suggestions as a way of trying to overcome the limitations of the site. One would be to separate the functions of the City Hall and Library and provide a different site for one of the functions . Reorientation of the building is also a consideration. Re- duction of the space in the "auto court" is a consideration, which could give more square footage for the footprint of the City Hall/Library struc- ture. Another suggestion is to modify the design of the waterway along the Creek to increase the land size. Mr. Barber stated that he cannot recommend that the subject site is feasible for immediat e and long-term needs. Mr. Barber suggested that the City Council and staff might want to consider other sites in the downtown area as a location for the City Hall/Library facility. Mr. Neal stated that he felt the City Council needs to discuss this matter more fully among themselves. Mr. Higday indicated strong agree- ment. • I • • • • • ,. - -4- Mr. Neal asked for further clarification on the number of parking spaces required. Mr. Barber stated that the City Hall would require 128 parking spaces for employees, with 60 spaces provided for visitors; the Library is requesting 180 parking spaces t otal. Mr . Cummings stated that the Library presently has 10 -12 short-term parking spaces, and are asking for only six short-term parking spaces for th e new dev elo pment. Discus- s i o n ensued. No determination was made; this will be discussed further by th e City Council members. III. LITTLE DRY CREE K. Mr. Bill Taggart, McLaughlin Water Engineers, gave a slide presentation of the proposed improvements to Little Dry Creek, east of Broadway, and west of Broadway. Water features along the Creek west of Broadway were emphasized and discussed during the course of the slide presentation . Mr. Taggart also discussed a memorandum regarding the cost estimates for the improvements and water features on the Creek. City Council and City Manager staff members excused thems elves at 7:25 P.M. to attend a Budget Hearing. This concluded the presentations on the City Hall/Library and on Little Dry Creek. Mr. Voth thanked everyone for their att endance, and asked Urban Renewal Authority members to remain for a short business meeting. Authority members further discussed the cost estimates and the proposed improvements along Little Dry Creek. IV. FIRST INTERSTATE BANK. Ms. Powers discussed negotiations with First Interstate Bank on the pur- chase/trade of parking areas. Ms. Powers stated that the zoning maps for the parking lot north of Floyd Avenue had been incorrectly interpreted by both the Authority appraiser and the staff; the land is zoned B-1, Business, which doubles the value of that site over the written appraisal which has been submitted; this will be updated using the new information. Further discussion ensued on negotiations with the Bank. VanDyke moved: Cole seconded: The Urban Renewal Authority reaffirm the offer to First In- terstate Bank to trad on a square-foot-for-square-foot basis, with the Bank to lease the remainder of the Floyd Avenue parking lot, or if they choose not to lease, to open this area for public parking. AYES: Novicky, Totton, VanDyke, Voth, Cole NAYS: None ABSENT: Minnick, Neal The motion carried . • I • • ( ( • • • • -5- V. KRAVCO. Ms. Pow ers stated that on the agenda for th e next regular meeting on October 2, 1984, there will be a lease/purchase agreement with Kravco for th eir parking areas that are needed to implement the Downtown Plan. VI . 3601 SOUTH LOGAN STREET. Ms . Powers stated th at on Thurs day , September 20th, th e attorneys for Mr. Sales, former owner of 3601 South Logan Street, c ontacted Mr. Jim Harm of Mr. Benedetti's firm, with th e offer to settle the valu e of this site out of court. The Urban Renewal Authority appraisal of $257,000 was upd ated and reflected a value of $285 ,000 ; Mr. Sales's original appraisal of $270,000 was updat ed and reflected a value of $295,000. The member s of the commission to determine the value of the site were to be chosen on September 21; this is a cost that is borne by the Urban Renewal Auth ority , as would all c our t costs be paid by the Auth ority . Ms. Powers stated that she authorized Mr. Harm t o offer an out-of-court se ttlement of $290,000 to Mr. Sales. This offer was accepted. Ms. Powers stated that she is asking the Authority to reaffirm the offer to settle out-of-court with Mr. Sales for $290,000. Novicky moved: Cole seconded: The Urban Renewal Authority direct the staff to write a resolution affirming and approving the offer of $290,000 to Mr. Harold Sales for an out-of-court settlement on the value of property at 3601 South Logan Street. AYES: Totton, VanDyke, Voth, Cole, Novicky NAYS: None ABSENT: Minnick, Neal The motion carried. VII. CENTRAL BANK DINNER. Ms. Powers reminded the Authority members of the dinner hosted by Central Bank on September 25, at the Downtown Broker at 7:00 P. M. The meeting adjourned at 8:10 P. M. • I • • ( t • ORDINAOCE oo.ft SERIES OF 1984 • • • BY AUTHORITY COOOCIL BILL 00. 43.1 INTRODUCED BY COUOCIL MEMBER VOBEJDA AN OROINAOCE VACATU«i A STORM S&JER AND WATER LINE EASEMENT AND GRANT!~ AN EASEMENT FOR A ~ WATER LINE IN THE CINDERELLA CITY PARKI~ LOT. WHEREAS, the Englewood water and Sewer Board recQ!mended to City COuncil on March 19, 1984 that a sewer and water line easement be vacated and that an easement be obtained for a water line; ~. THEREFORE, BE IT ORDAINED BY THE CITY COOOCIL OF THE CITY OF ~L&JOOO, COLORADO, as follows: Section 1. The hereinafter described property located in the C1ty of El'lglewood, Arapahoe COunty, COlorado, be and the SCI!Ie is hereby declared vacated pursuant to the provisions of Part 3, Article 2, Title 43, COlorado Rev i sed statutes, and title thereo f shall vest in Ci ndermak Associates, a joint venture, sa i d vacated l a nd bei ng mor e part icularly described as f ol l ows: Line C -8" DiCI!Ieter water Ma i n. Recorded i n Book 1807 at page 699 of the Arapahoe COunty Records. Beginn i ng at the po i nt ident i f ied in the easement recorded i n Book 1807 at page 698 o f Arapahoe COunty Records des- cribed for water mai n line "A", as the poi n t of beginning o f Lines "B" and "C''; thence wes terly an ang l e to the left of 90 degrees 00 '00 " a d i stance of 195.1 feet to a po i nt; thence Southwe sterly an angle t o the left of 45 degrees 00 '00 " parallel to and 10.0 fee t tok>rthweste rly o f COlumn Line "1'11" a d istance of 4ll.4 f eet to a po i nt; t hence t-k>rthwe ster ly an angle to the right o f 90 degrees 00' 00" parallel to and 10 .0 f eet tok>rtheasterly of COlumn Li ne "16 " a distance of 392 .0 feet to a po i n t ; thence No rtheas terly an angle to the right of 90 degrees 00'00 " parallel to and 10 .0 feet Southeasterly of COl um n 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 • • • • • - Stonn Sewer No. l. Recorded in Book 1807 at page 700 of the Arapahoe Cbunty Records, Beginning at the Northeast corner of the SE 1/4 of the SE 1/4 of Section 33 , Township 4 South, Range 68 West of the 6th P.M.; thence Wi!sterly 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 lotlich 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 lotlich is 6.0 feet North- easterly of Cbhmn Line "42" and 16.0 feet Northwesterly of Colunn Line "ax:"; thence Southeasterly an angle to the left of 36 degrees 50'00" a distance of 36.7 feet to a point vtlich is 12.0 feet Southwesterly of CblUlln Line "42" and 16.0 feet Northwesterly of CblUlln Line "BBB"; thence Southwesterly an angle to the right of 60 degrees 40'00" parallel to and 16.0 feet Northwesterly of ColUlln Line "BBB" a distance of 594.0 feet to a point 4.0 feet Northeasterly of ColUlln 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 CblUlln Line "UU" and 16.0 feet Northeasterly of CblUlln Line "15"; thence South- easterly an angle to the left of 45 degrees 00'00" parallel to and 16.0 feet Northeasterly of CblUlln Line "15" a distance of 350.15 feet to a point which is 2.3 feet Southeasterly of Cblunn 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 distance of 134.7 feet to a point on the North right of way line of Wi!st !Bnp:len Avenue. Section 2. 'l1'le hereinabove described land is located entirely within the City of El'lgle~oK>od and does not constitute a boundary line between the City of Ehgle~oK>od and any other county or other municipality. Section 3. 'l1'le vacation of the hereinabove described storm sewer and water line easement will not leave any adjoining land without an established public road connecting said land with another established public road, Section 4. 'Itlat Cindermak Associates, a joint venture, shall prov1de the City of Englewood with an easenent of the hereinafter described property located in the City of Fllglewood, Arapahoe, County, Colorado, with appropriate title policy for the sane: • ) I • • • • • Line C -8" DiCilleter water Main Beginning at the point identified in the easement description for wate r main line "A", recorded in Book 1807 at page 698 of Arapahoe County Records, as the point of beg inning of Lines "B" and "C''; thence ~sterly 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 North- westerly of Col1.111n Line "l'f'l'' a distance of 524.4 feet to a point; thence Northeasterly an angle to the right of 90 degrees 00 '00" parallel to and 25.0 feet Northwesterly of Col1.111n 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 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" and "C''. Inclooing all fire hydrants and services leading thereto. 'ttle f onn of said easement shall be as found on Exhibit "A" attached hereto and i ncorporated herein by reference. Sect i on 5. Th i s vacation ord i nance shall became effective to vacate said property and the Mayor and ex officio City Clerk- Trea surer are authorized to execute a copy hereof and deliver to Cindermak Associates, a j oint venture. Section 6. That the easement for the property described in Sect10n 4 hereof shall be recorded in the records of Arapahoe County Colorado. I ntr oduced, read i n full, and passed on first reading on the 1st day of Oc t ober , 1984. Published as a Bill for an Ord i nance on the 3rd day o f Oc tober, 1984 . Read by title and passed on final reading on the 15th d ay o f October, 1984. Published by title as Ordinance No •. ____ , Series of 1984, o n the 17th day of October , 1984. Attest: ex offic1o C1ty Clerk-Treasurer • I • - • • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Ehglewood, Color <do, hereby certify that the above and fore;Joing 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 • • ( • • • • • • GRANT OF WATER LINE FASrliFNr nus GRANT of a water line easanent (this "Grant") is made this day of , 1984 by CINDER19.K ASSOCIATES, A JOHll' VENI'URE, ("Grantor") ~!hose address is 1n favor of the CITY OF EHiL8oiOCD, <X>LORADO, ("Grantee") ~!hose address is 3400 South Elati Street, Englewood, <X> 80ll0; 'nle parties covenant and agree as follOioS: 1. Easanent Proeerty. 'nle "Easanent Property" shall mean the real property located 1n the County 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 easement description for water main line "A", recorded in Book 1807 at page 698 of Arapahoe County 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 an:Jle to the left of 45 degrees 00'00" parallel to and 10.0 feet Northwesterly of Collllln Line "11'1'' 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 Northeasterly of Collllln 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 Oollllln 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 Sllll of cne Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged by Grantor. 3. Grant of water Line Easanent. Grantor hereby grants to Grantee, its successors and ass1gns, a perpetual, nonexclusive easanent (the "Water Line Easanent") over, under, across and through the Easanent Property for the purpose of constructing, operating, maintaining, repairing, replacing, ranoving 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, incll.ding, 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 egress i n, to, over, through and across the Easanent Property for any purpose necessary or desirable for the full enjo~ent of the rights granted to Grantee U'lder this Grant. 5. Restoration. Grantee agrees that after the construction, maintenance, repau, replaCEment, or enlargement of any of the Lines and Appurtenances, Grantee shall restore the surface of the Easanent Property as nearly as reasonably possible to the grade and condition it was in :inme:Hately prior to said construction, maintenance, repair, replacanent, or enlarganent, except as may be necessay to accoomodate the Lines and Appurtenances. Grantee agrees to restore and repair any improvements of Grantor on the Easanent Property which are damaged, modified or altered by Grantee during said construction, maintenance, repair, replacanent or enlarganent. 6. &lbjacent and Lateral SJPP?rt. Grantor covenants and agrees that Grantee shall have the nght of subjacent and lateral support on the Easanent Property to whatever extent is necessary or des i rable for the full, canplete and und i sturbed enjo~ent of the r i ghts granted to Grantee under this Grant. 7. Rights of Grantor. Grantor reserves the full right to the und i sturbed Ol«lershlp, use, and occupancy of the Easanent Property i nsofar as said ownership, use, and occupancy is consistent with and does not impair the rights granted to Grantee in this Grant. 8. Abandoment. I n the event that Grantee shall abandon the rights granted to i t under this Grant, all right, title and interest hereunder of Grantee shall cease and teDtlinate, and Grantor shall hold Easement Propert y, as the same may then be, free fran the rights o f Gr a ntee so abandoned and shall 01«1 all materia ls and structures of Gr antee so a bandoned, provided that Grantee shall have a reasona b le period of time a f ter sai d abandoment in wh ich t o ranove any or all Lines and Appu rtenances fr an the Easane n t Property . In the event that Easane n t is abandoned by Grantee , Grantor shall have the right , at its sole option , to require Grantee to ranove or neutralize any improvanents constructed in the Easanent by Grantee . 9 . warranty of Title . Grantor warrants and represents that Grantor is the fee simple own er of the Easanent Property and that • I • • ( • • • • Grantor has ful l right, title and authority, that this Grant is effective to grant and convey to Grantee the water Line Easement, and that this Grant of an easement is superior to all other grants. Grantor further covenants and agrees to indemnify, defend and hold Grantee harmless fran and against any adverse claim to the title of the Easement Property by all and every person or persons lawfully claiming or to claim the whole or any part thereof. 10. Binding Effect. 'Ibis Grant shall extend to and be binding upon the heirs, personal representatives, successors and assigns of the respective parties hereto. '!be terms, covenants, agreements and conditions in thi s Grant shall be construed as covenants running with the land. IN WITNESS wtfERECF, the part i es hereto have executed this Grant of water Line Easement the day and year first above written. Attest: Title: Attest: Title: GRANTOR: CINDERKI.K ASSOCIATES, a joint venture By '!be Equitable Life Assurance Society of the united States, a New York corporation By ___________________ __ Title: By Dennak Associates, a Limited Partnershi p By Kravco, Inc., a Pennsylvania corporat i on By ________________ _ Title • I . - < I ....., - • • • • STATE <F N&oi YORK ss. COONTY <F N&oi YORK The foregoing instrument was acknowledged before me this ~~ .~~ ~ ana -a-s---------------------------o~f~1he ~Equ~~it~a~b~l~e~L~i~fe~As~s-ur __ ance ______ _ Soc1ety of the Un1ted States, a New York Corporation, as Joint venturer of Cindennak Associates, a joint venture. WITNESS my hand and official seal. My Gammission expires: STATE <F PENNSYLVANIA COONTY CF f'Dn'G<J1ERY ss. Notary Publlc Address: The foregoing instrument was acknowledged before me this day of , 1984 ~------------- as and =~,..,..--==------=-=-:-"';---,-as of Kravco, Inc., a Pennsylvan1a corporat1on as General Partner of oermak Associates, a limited partnership ~ Joint Venturer of Cindeanak Associates, a joint venture. WITNESS my hand and official seal. My Commission expires: Notary Publlc Address: • I • • • - • • 0 ---------· CINDERELLA CITY COIIPL!X ,------, , , , , = t= ~ " -Tilt L .. IAIIIIIIn' , ' _TO • 'IMCATID, AIID , ' MlmALL\' 111--..nut , ... • Jl ILJ[ • U.l.- II I I II I I II II **-'" .... ~ ...... Jl • • • ORDINMCE N0._!/5_ SERIES OF 1984 BY AUTHORITY • • • COUNCIL BILL NO. 46 INTROOOCED BY <XXJOCIL HtMBER BRADSHAW AN ORDINAOCE GRANTit«<:; '00 '!liE D«iLFlHOOO HOUSit«<:; AlmiORITY $250,000 FOR '!liE D«iL~ ID1E REliABILITATION PROGRAM AND AMENDit«<:; AN AGREEMENT BE'IWEEN '!liE CITY CF EtG..FlHOOO AND '!liE Et-G.FlHOOO HOUSit«<:; AU'lliORITY FOR A!:I1INISTRATION CF THE to1E REltABILITATION PROGRAM. WHEREAS, the City of D'lglewood has received a 'l'.lo Hundred Fifty Thousand Dollar ($250,000) grant fran COlorado State Deparbnent of Local Affairs to operate a housing rehabilitation progran; and WHEREAS, it is necessary to iS!tend and clarify the agreenent between the Housing Authority and the City of D"lglewood concerning the Housing Rehabilitation Program; HeM, 'lliEREFORE, BE IT ORD.\INED BY '!liE CITY COUNCIL CF '!liE CITY CF DCLEWOOD, COLORADO: Section 1. That the City of Englewood shall amend the agreement wder Ordinance NO. 27, Series of 1983, with the Housing Authority titled "An Agreement Between '1he City Of Englewood And '1he D'lglewood Housing Authority Regarding The Policies Governing '1he Housing Rehabilitation Loan and Grant Program of the D'lglewood Housing Authority (4/83)." Said amended agreenent is attached hereto and incorporated herein by reference. Section 2. 'ftle City of D'lglewood hereby grants to the D'lglewood Hous1ng Authority the SlJ!I of '1\olo HUndred Fifty Thousand Dollars ($250,000) to be used in accordance with Application Grant tunber 84-440 under Title I of the Housing Developnent Act of 1974 and the Agreanent described in Section 1 hereof. Section 3. All ordinances and resolutions in conflict with the forego1ng are hereby repealed. Section 4. The City COuncil of the City of Englewood, COlorado, hereby authorizes the Mayor and the ex officio City Clerk-Treasurer to sign and attest said amended agreenent on behalf of the City of Englewood and City COuncil. Introduced, read in full, and passed on first reading on the 1st day of October, 1984. • I • • • • • • Published as a Bill for an Ordinance on the 3rd day of October, 1984. Read by title and passed on final reading on the 15th day of October, 1984. Published by title as Ordinance No. ___ , Series of 1984, on the 17th day of OCtober, 1984. Attest: ex officio city Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Olglewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1984. --- Gary R. Higbee • I . • • • • AN AGREE11ENT BETWEEN THE CITY OF ENGLEWOOD AND TilE ENGLEWOOD IIOUSJNG AUTHORITY REGAR.DING THE POLICIES GOVERNING THE HOUSING REHADILITA1'1CJN LOAN M1.l GRANT PROGRAM OF TilE ENGLEWOOD HOUSING AU1'110Rl'J'Y (4/83). The City and the Authority agree as follows: I. Th~< Englewootl Housing Authority, hcr~<in c.:ullt!u thl.! "AuLhuriLy" through ita peraonnei, or the peraonnel of the City of Englewood, herein called the "City", with the approval of the City Manager, shall be respon- sible for the execution of the Housing ••habilitation Loan and Grant Program, herein called the "Program" • in accordance with Community Development Block Grant (CDBC) regulation&. The Authority shall turn over any unused CDBG funds to the City at the end of the agreement and administer the funds in accordance with the State Department of Local Affairs procedures •. 2. Application for aasistance ahall be first submitted to and approve tl by the Authority under policies a<lopted by the Authority. 3. Upon receipt of an application, the Authority shall cauae an in- apec:tion to be made of the applicant'• reaidence and, if deemed necessary, shall: a. Cauee a detailed list and explanation to be made of all actiona and work required to eliminate or repair the conditions of the residence which make it sub- atandard. b. Cause an estimate of the coat of auch repairs to be made. c. Obtain sufficient documentation that the applicant had aood title to aaid residence. d. M&ke an estimate of the value of the applicant's equity in aaid reaidence. e. Prepare and verify a aocial and economic profile of the applicant which ahall include: Family composition, family income, place of employment, if any, of all family members, approximate date of purchaae of reai- dence, and exiating indebtedness aecured by said reaidence. f. Prepare a preliminary analyaia of applicant'• ability to repay any funds made available to applicant under the program. 4. In the preparation of all reports .!!!_!! enalyaes required ~ this Agreement, .!.!!.!!. in epproving ~ and/or grant applications, the followi ng p olic i e& s hall !EP.!I.!..!:!!! be followed ~ the Authority, 4/83 • I . • • • iJ (I il 1. Uste -.ntl Purpo~;te Loan& and grant& are made available for the purpose of permanent improvements, fHldition&, or other housinl: rchobilitntiou w1<l 1uay only b" u~;ed for: A. Repairs and improvements to meet City Code Standards. B. Handicap retrofittina. C. Eneray conaervation lmprovementa. D. :Elimination of incipient violation& of the City Code. E. General property 1mprovementa. II. Eligibility for Loan& A. Eli&ible Borrowers. Loans aball be made only to persons who own the property~ which the improvements will be made. B. Eligible Properties. Loan& ahall be made only for residential properties containing four dwelling units or leas located in the City of Englewood. 111. Eligibility for Grants A. Eligible Grantees. Grants shall be 11\ade only to nat. ural persons who own and reside in the property on which the improvements will be made, Grantees must meet the then current income and asset eli9ibility limits as set forth by the funding agency, B. Eligible Properties, Grants shall be made only for residential properties located in eligible neighborhoods, IV. Priorities A, Priority Neighborhoods. At least once each year the Authority· will determine Priority Neighborhoods. The Priority Neighborhood will be desiqnated in the applicable funding proposals to the State or the City as appropriate. B. Chronolosicol Priority. Upon receipt of a n application for a loan and/or arant the ataff ahall note date and time of receipt on the application form. All auch applications shall be acted upon in the same order in which they have been received. v. Priorities for Use of Loan and/or Grant Funds Within each ap plication further prioritiea are hereby identified to determine the amount of the loan usable for each purpose : first -2- 4/13 • I • • • • • • priority -funds required to bring property to City Code StanJaT~hi s~::conu pr·iority -funds for h<~ndicop rE:tro!itting; tlalnl prlurily - funds for energy conservation improvements; fourth priority -funds to cure incipient violations of the Code; fifth priority -generol property improvements. VI. Loan Limits A. Monetary ~ ~· At least once a year the Authority will determine the loan limite. B. ~~~ Appraiaal. Notwithatanding the above, a loan aecured by a firat deed of truat ahall not exceed 904 of the apprahal va.lue of the property as determined by a qualified appraiser. ~f the loan ia aecured by a a•cond deed of trust, the total of the firat loan .and the property rehabilitation loan ahall not exceed 90% of the appraiaed value of the property as determined by a qualified appraiaer. Luons aecured by u third or fourth deed of truat ahall not exceed 80% of the ap- praiaed value of the property aa determined by a qualified appraiaer. VII. Crant Limits At least once a year the Authority will determine the maximum grant amount. VI II • .!:!!E!. 4/83 A. Loans will b~ aecured by a deed of trust. B. Property improved by a arant ahall be aecured with a lien thereon. aepayment of the arant in the event of payoff, aale, conveyance or other transfer of the property excluding death, or if the hous- ina unit ia uaed other than aa the arantee(a) primary houaing unit, arantae(a) aarae to the following repayment conditione: (1) Crantee(a) ehall repay 100% of the arant ahould the property be aold, conveyed, tranaferred or delivered during the firat twelve montha, incluaive, after aianing of the Crant Agreement. (2) Crantee(a) ehall repay 80% of the arant ehould the property be aold, conveyed, tranaferred or delivered during the fol- lowing period of time: 13th through 2~th month after aianing of the Crant Agreement. (3) Crantee(a) ahall repay 60% of the arant should the property be aold, conveyed, transferred or delivered during the fol- lowing period of time: 25th through 36th month after sign- ing of the Grant Agreement. (4) Crantee(s) ahall repay 40% of the arant ahould the property be aold, conveyed, transferred or delivered during the Col- low1na period of time: 37th throuah 48th .anth after aian1ng of the Grant Aareement. -3- • I • • • • • • (5) Crvntt:e (s) 10holl repoy 20% of the grvnt 10looulc.l Lht. prupl'I"LY be sold, conveyed, transferred or delivered durin{: the f ol- . lowing period: 49th through 60th aoonth u( tcr t..il:ning the Grant Agreement. (6) Grantee(&) shall not be required to repoy the grnnt should the property be &old, conveyed, trunloifcrrcc.l ur d~!ivcrcu following the 60th .onth after aigning of the Grant Agreement. Repayment ahall be made to the Program account. IX. Credit Factora for Loan A.. Ability to !!z• All credit decision& ahall be baud only on the applicantTa ability to ~epay the loan •. Action on loan& ahall not be baaed on, or influenced by, the race, creed, color, national origin, aarital atatua, aex or age of the applicant. B. Normal Rate Loana. The nor .. l intere&t rate ahall be the ~ity'a ~t borrowing rate for funda for property rehabilitation purpoaaa, plua a 11 aervice and administrative fee. C. Lea& Than Normal Rate Loan. If the applicant& are a "moderate", ~~v~ww-rnc~family, and the application meets all other policies the Authority will approve the loan at less thnn the normal interest rate. X. Loan& for Rental Property Loan& covering property where the owner ia not a reaidant of the property ahall be in accordance with policiea aet forth by Authority. If the application ia approved, the owner ahall agree to enter into a contract with the Authority to keep renta within the reach of low or moderate inco~ familiaa and/or aake the property ali&ible for Federal Section 8 Huuaina Aaaiatanca Pay.enta. Loana for the purpoaes of aeneral property improvement• ahall be limited to 30% of the total of the loan approved. XI. Conatruction Work done with the proceeda of a loan and/or arant ahall be accom- pliahed by a licanaad aanaral cootractor. Xll. Repayment of Loan 4/13 Repayment tarma ahall not exceed 20 yaara. Loana ahall be repayable in equal inatallmenta of principal and interaat due on or before the firat of each month. I I I -4- • I • • - • • • • 5. The Authority or designated officio] ~hall Lhcn (:x;nullll ' and •·v .d- uaLe th~ application, to~~th~r with all required reports and findings, ~nd either approve, reject, or modify and approve such applicotion. Tlu: dccitdon of the Authority shall be final and binding upon the applicant. 6. The Authority ahall require repayment of loans and/or grants as aet forth in established policies. 7. All funds repaid by applicant• ahall be used only for similar loan& or aranta of houaing rehabilitation aasiatance to applicants approved by the Authority. 8. The Authority or de&ianated official shall approve all loans ond/or aranta under this proaram by appropriate action when aatisfactory evidence of the follovina baa been aubmitted· to the Authority: a. Applicont has aood title to the residcncc. b. Loan applicant• shall have aufficient equity therein to juatify aaid loan and/or grant. c. Applicant has entered into a written contract on forms to be approved by the Authority with a person or entity licensed to perform and complete repairs required to rehabilitate the residence. d. That aaid residence, after rehabilitation and repairs, will be .. intained in a aatiafactory .. nner. e. Loan applicant& ahould prove an ability to repay the loan. 9. All peraons and entitiea entering into contracts with applicant& for repaira and rehabilitation of any aubatandard reaidence shall be an equ~l opportunity employer and ahall comply with all applicable Federal, City and State codea, atatutea and ordinancea. 10. The Authority ahall aenerally aupervise all tion conatruction and ahall authori&e payment for aame performed in accordance with the conatruction contract cant and approved by Authority. repair and rehabilita- when aubatantially entered into by appli- 11. The Authority .. y eatabliah thoae account• and allocate those funds necessary to fulfill the proviaiona of thia agreement. 12. The Authority ahall prepare adminiatrative procedures to 1mplen1e nt the intent of this contract and Authority policies. 13. The Authority shall aubmit an annual report to the City Council regarding the performance of the program. 14. Thia Agreement ahall be binding upon the partiea hereto and their aucceaaora. -s- 4/13 • I • • • • • • 15. This Agreement supersedes and replaces all other agreements between the parties relating to the program. IN WITNESS WHEREOF, this Agreement has been executed at Englewood, Colorado, this _____ day of , 1984. Attest• Gary R. Higbee, Director of Finance, ex officio City Clerk- Treasurer Approved as to Formo John R. Olsen, City Attorney Attest• Frances Buck Jonas Executive Director CITY OF ENGLEWOOD, COLORADO a Municipal Corporation By=-----~~~~~------------------Eugene L.:Otis, Mayor ENGLEI«llD HOUSING AUTHORITY By~----~-=----~=-~~----------------'l'homaa J. Burns, Chairman • I • • ) f • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJECT October 8, 19 84 II t>-. Tidwell and Parr Rezoning Reques t s INITIATED BY cay planning and Zonina Cpuunission ACT I ON PROPOSED Receiv e t he recomm endation of the City Plann i ng a nd Zoning Com- mis sion r elat ive t o the rezon i ng a pp lication s a nd s et a d a t e fo r the public hearings BACKGROUND: Applications have been filed by John D. and Charlo tte Tidwell a nd Wayne and Judith D. Parr requesting the City to rezone contiguous properties which lie east o f South Decatur Street and approximately 500 feet south of West Union Avenue from R-1-C, Single-family Residence t o R-2, Medium Density Residence . The Planning Commission held a separate public hearing on each application; however , because th e parcels are contiguous and, togethe r with the adjoining land to the north, form a planning o r development unit, they have been co nsidered t ogether in the staff report and in this comm unication . It sho uld be noted that the Tidwell application includes the Whitby and Green parcels, and that Mr. Whitby and Mrs. Green do not oppose the r e zon ing . This pro perty was annexed t o the City in 1961, and since that time the City has had several requests t o rezone the property; but there has not previously been a consensus among the maj or property own ers as t o what the zoning o r the ultimate development in the area should be. The property to the West of South Decatur Street is zoned R-1-B, Sin gle-family Residence, the adjoining property t o the north is Zoned R-2, Medium-densit Residen ce , to the east the property is zoned I -1, Light I ndu strial, and the land to the south is in Littleton, and is being used f or the storage of travel trailers and has been discussed as the possible location for a mobile home park. The property to the north, you may recall, was developed by Don Koza , and has been a successful single-family attached housing project. Testimony at the public h arings indicated that the Tidwells are considering a type of development similar to Mr. Koza 's, but with a different architectural style. The Parrs have no definite plans to develop their property at this tim , but are partici- pating in the rezoning action in an effort to unify the development in the area . The R-2 zoning would serve as a "buffer" between the single-family zoning and develop- ment on the west and the industrial zoning and us e on the east. It would also be more compatible with the projected use of the Littleton land. It should be noted that this property is not platted and will have to be brought into compliance with the Subdivision Regulations before any further division of the property or d velopment can t k place. Access within the area snd sp cific utility ervice will • I • • ' (t • • • be co nsidered at that time by both the Planning Commission and the City Council, and by the various city departments. • It is anticipated that a development plan will also be filed to take advantage of the more flexibile site layout which is possible under the Planned Development regulations. RECOMMENDATION: After having reviewed the zoning background of this area east of South Decatur Street and south of West Union Avenue, and considering the testimony presented on behalf of both the Parr's and the Tidwell's by Mr. Tony Gengaro of A. Gengaro and Associates, it was the opinion of the Commission that the matter should be referred to the City Council with a favorable recommendation . The members of the Planning Commission recommend that public hearings be set to consider the applications of Mr. and Mrs. John Tidwell, Case No. 32-84, and Mr. and Mrs. Wayne Parr, Case No . 33-84, to rezone the subject property from R-1-C, Single-family Residence to R-2, Medium-Density Residence; finding that: 1) The properties have not been developed under the present zoning; 2) The R-1-C zoning was in error initially because of the proximity of the subject properties to the industrial area to the east and the more intense uses proposed in Littleton to the south; 3) The rezoning of the property adjoining on the north for medium-density use and its subsequent development with single-family attached dwellings, has created a change in the area which would make the probability of the subject properties developing under the present zoning unlikely. Attachment: Staff Report NOTE: Findings of Fact and Minutes will be forwarded for the Public Hearings. SUGGESTED ACTION: MOVED BY SECOND YES 0 ABSENT • I • • - • • . .. ... 1-1 on -j l .. I .... i I I ... f ·"I 1-1 .. I ,· I I ~ TIDWELL TIDVOELL ... WHI.TBY sa ,., @ ~ TIDWELL = GR;EN PARR ... b •" 1" I I S ARATOGA AvE • --,, .-- SUBJECT SITE R-1-C PARR ENGLEW . LITTLETON 1 (f)-2 ~ NORTH I • • I L_-_____ _ ICAL[I 111 /2001 § - • • - ' • • f • STAFF REPORT Page -1- • • • PUBLIC HEARING Rezoning Request Case #32-84 Case 133-84 The Planning Division has received two rezonin~ applications which pertain to two adjoining areas of property. Because the properties are adjoining, from a Planning perspective it is appropriate to consider the two requests together, rather than as two separate issues. Therefore, this Staff Report will address both cases. STAFF REPORT RE: The rezoning of approximately 10 acres from R-1-C, Single-Family Residence District to R-2, Medium Density Residence District. DATE TO BE CONSIDERED: September 18, I984. LOCATION OF PROPOSED REZONING: The subject site is bounded by South Decatur Street on the west, on the north by Centennial South Subdivision, whi ch is clustered around South Clay Court, on the east by what would be South Clay extended, and on the south b y the Englewood/Littleton City Limits. NAMES AND ADDRESSES OF APPLICANTS: Case 1132-84 Case 1133-84 John D. and Charlotte Tidwell 2720 West Union Avenue Englewood, CO 80110 Wayne and Judith D. Parr 2800 West Chenango Avenue Englewood, CO 80110 This application does not include signatures of all of the property owners within the area; however, rezoning application and a decision for an area can be made without one hundred percent participation of the property owners. One person may request zoning for land other than the land which he owns. NAMES AND ADDRESSES OF PROPERTY OWNERS: The County Assessor's recorda show the following as owners of the properties in the area requested for rezoning: Ellen Green 2724 West Union Avenue Englewood, CO 80110 Phillip J. Whitby 2722 West Union Avenue Englewood, CO 80110 John D. and Charlotte Tidwell 2720 West Union Avenue Englewood, CO 80110 • I • ' • f • S1AFF REPORT Page -2- Wayne, Judy and Dennis Parr 2800 West Chenango Avenue Englewood, CO 80110 RELATION OF APPLICANT TO REQUEST: • • • PUBLIC HEARING Rezoning Request Case 132-84 Case 133-84 Mr. and Mrs. Tidwell are property owners residing in the area requested for rezoning. The Tidwells have an interest in developing a portion of their property but do not have a development plan at this time. Mr. and Mrs. Parr, who are also property owners residing in the area, requested for rezoning but do not at this time have development plans in mind. Steve Wilson of A. Gengaro and Associates, a Planning firm, is representing the applicants in their effort to rezone. ZONE DISTRICT: R-1-C, Single-Family Residence. DESCRIPTION OF REQUEST: The applicant is requesting the rezoning to allow expansion of the R-2 zone district located to the north onto the subject site. The applicant feels that rezoning to R-2 will create a buffer for the existing single-family neigh- borhood to the west from the industrial zone district to the east. DESCRIPTION OF SUBJECT SITE AND THE ADJACENT AREA: The area surrounding the subject site has a mixture of uses. To the west is the Centennial Acres Subdivision, which is zoned R-1-B, Single-Family Residence and completely developed. To the north is the Centennial South Subdivision, which is zoned R-2, Medium Density Residence District and is developed with two and three unit attached dwellings on each lot. The area to the east of the subject site is zoned for light industrial development. Other uses in the area to the east are those permitte.d in the industrial district, and there has been considerable activity of an industrial nature further to the east along West Union Avenue. The area to the south is in the City of Littleton and is being used for travel trailer storage at this time. The site itself is occupied by five single-family homes, three of which are owned by the two applicants. Access to the site is along South Decatur Street on the west and a partial right-of-way along South Clay Street extended from the north on the east. There is no internal .circulation within the subjec t area at this time. This area is not subdivided. Before any develop- ment takes place within the area, Subdivision Plats will have to be prepared amd ~pproved, and access will have to be provided. BACKGROUND OF PREVIOUS CITY ACTION RELATING TO THE PROPERTY: This area was part of a 30.2 acre area annexed to the City of Englewood by Ordinance No. 16 of 1961. At that time, it was the City policy upon annexation that the annexed area was simultaneously zoned R-1-A, Single-Family Residence. This was the most restrictive zone classification and was imposed on all annexed land to aerve as a "holding zone" until proper zoning for the I • • • • • f • STAFr REPORT Page -3- • • - PUBLIC HEARING Rezoning Request Case (132-84 CSSE:' (/33-84 area could be determined. The Courts have since discouraged this practice, and municipalities are given 90 days following an annexation to zone the area to an appropriate zone classification. Shortly after annexation, a request for rezoning from R-1-A, Single- Family Residence , to M-1, Light Industrial was submitted by some of the property owners in the area. The request was approved by the Commission, but tabled indefinitely by the City Council in December of 1961, primarily because persons within the area could not agree on the zoning. The area to the east and to the north of West Union Avenu e was zoned for industrial use following the annexation. In 1963, the subject area was rezoned to R-1-C, its present zoning, as part of the adoption of the 1963 Comprehensive Zoning Ordinance and Map. Periodically over the years, different persons have contacted the Planning Division about the possibility of rezoning this area, or portions of the area south of West Union Avenue and west of South Clay Street extended. They have been advised to meet with other property owners in the area in an attempt to come to some agreement as to the zoning in the area. The property owners in the area south of West Union Avenue and between South Decatur Street and the South Platte River, were invited to attend the April 16, 1974, meeting of the Planning Commission to discuss a traffic circu- lation pattern for this area. It was hoped that the consensus of that meeting would produce a traffic circulation pattern that could be proposed as an amend- ment to the Master Street Plan. However, the consensus of those property owners at that meeting was that the need for consideration of a circulation pattern or street system within the area was premature. On May 14, 1974, Mrs. Ferguson, Mrs. Weaver, and Mr. Henry Feistner arranged for a meeting with Mrs. Romans and Mr. House of the Planning Staff, to discuss the possibility of rezoning this area to R-2-B, Two-Family Residence. The density permitted in the R-2-B Zone District was felt by Mrs. Ferguson, Mrs. Weaver and Mr. Feistner to be compatible with the surrounding area and, at the same time, would permit a more feasible use of their land in view of the industrial zoning to the east and north. The need for access into that area, if it were to be developed, was discussed. During the meeting, Mrs. Ferguson, Mrs. Weaver, and ~lr. Feistner agreed that they would talk with other property owners in the R-1-C Zone District to see whether or not they would join a formal application for a rezoning. At that time, they felt that most of the other property owners would be agreeable to the rezoning. A staff report, Case #13-74, was presented to the Commission on June 4, 1974, as a follow-up to that meeting. No Commission action was taken on the report. This case contained the ten acre parcel which is before the Commission at this time. On March 25, 1975, Mr. Carl Wiebe, who was interested in purchasing the Feistner property, applied to rezone all the R-1-C Zone District in this area to R:2-B. At that time, it was understood by the Department of Community Development that the applicant had a formal agreement to purchase the Feistner property which is located within the area proposed to be rezoned. However, at th Public Hearing before the Planning and Zoning Commission on May 13, 1975, Mr. Broomhall of Sitefinders Realty, Inc., who represented Mr. Carl Wiebe, stated that he knew of no agreement to purchase between the applicant, Mr. Wiebe, and any of the property owners. Because of this, th Commission was advised by Assistant City Attorney Lee that the Public Hearing should be I • • • f • ~~ Arr Rrr,'l\1 Page -4- • • • 1'1 '1' 1 1' In n 1 • ~'• ~011 1111' ,, Ql" •• (<~!H' ,.,~ r · CM£ (I ll -P,~ closed. Mr. Lee further advised that until such time as a valid applt r;~tt <•n for rezoning were made--an application filed by a property owner 1odt htn tlo r· area, or a person holding an option to purchase property within the ar~<~ - the rezoning should not be considered. It was suggested by thP C<'mm t ~s!n' '""' one or more of the property owners in this area should sign tl1e app 11 ' :1t t "' f o r rezonin~, and that it be resubmitted. The C0mprehensive Z0ning Ordtn•1 r does not require at this time that anv specific number 0f owners <'r p !'r~'''' •·lo · have options t o purchase land within the area proposed t o be r Proned e t ~n the rezoning <~ppllcati o n. One person m<~y re<Juest zontn~ for l<~nd othPr th•n the land in which he may have an interest . The request for the rezoning of the entire arp a so u th 0f '-'est l'nt <'n /\\Pn ''' and east of South Decatur Street, "''hich is zoned R-1-\, w a~ resuhmi tted h,· Mr. and Mrs. Weaver to the Planning and Zon i n g Comm i~s i o n 0n Jun~ 17. 1°7; Before consideration of this request could be completr~ hv both th e rttv Planning and Zoning Commission and the City C0unri J, ac t i<'n wa s undPn.·~v t " repeal the R-2-B Zone Distri c t and enact inst ead thP new R-2. 1ediu Dens itv Zone District. On the advice of the City Attorne y , Mr. <~nd Mrs. We:lv e r wer e advi~ed 10 de lay further action on the rezon ing request until th e new R-2, Medium ne ne!tv Residence District was adopted. The R-2-B Zone Distric-t •m s subs equent 1 y repealed by City Council and the new R-2 Zone Distri c t was adopted December 1~. 1975. In 1976, Mr. and Mrs. Weaver requested ann were granted R-2 zoning for what is now the Centennial South Subdivisi on • RELATIONSHIP TO THE CO~REHENSIVE PLAN: The Generalized Land Use Action of the Comprehensive Plan suggests a medium density residential use for this area. COMMENTS FROM OTHER DEPARTMENTS: The question of rezoning was refe rred to other dep a rtments f o r rom~ent. You wil l see that most of the comments do not address thP issue o f r ezo nin~. but matters to be considered at the time of Subdivison or Planned Development. Director of Engineering Services: An extension of South Clay Street ri gh t-of-way and an east/west conne ctor with South Decatur StrP<>t should he dedicated at no cost to the Citv. Director of Utilities: Water and sewer lines are in South DecAtur Street. Sewer line is Valley Sanitation's and this propertv must apply for and receive admittance to Valley Sanitation District to receive sewer service. All w ter and sewer lines must lie in public right-of-way. Water lines must he looped and roadways or other access must be provided to serve propertie~ eas t 0f this area. This is not all-inclusive as not enou~h information is presented. Ultimately, the applicant must meet all water and sewer c ode requirements. Police Department: There is nothing of c oncern to the Police Depsrtment regarding the rezoning request ann no further comment is offered. • I • • , ( • STAH RJ:J'OJ:T PaRe -5- Code Administration: • • • l'llfll.lC BLARHW Rczordn l' J\cqut-st Case 1'32 -84 CaSE! 1/33-84 1. The proposed medium density use will require additional fire hydrant s , or possibly water main extension t o supply the needed fire fl ow for the proposed construction. 2. Acce ss into the site for emergency vehicles should be considered. Director of Public Works: No objections . At t ime of p latting we should look at traffic circulation and drainage for the overall area. DEPARTMENT OF COMMUNITY DEVELOPME NT ANALYSIS: The maximum obtainable density under the proposed R-2 zon i ng would b e approximately fourteen (14) dwelling units per net acre. No more than four units could be attached and under a common roof under the provisions of the R-2 Zone District. Planned Development will be required if four units are attached. Under the present R-1-C zoning, approximately seven (7) dwelling units per net acre would be permitted. The area requested for rezoning is approximately ten acres, Inasmuch as the area is n ot platted, it will be necessary t o subdivide the area before any development takes place. Access will have to be provided within the area and, as a rule of thumb, approximately 25% of the land in a development is devoted to rights-of-way. With this in mind, we could assume, not knowing how the area will be laid out, that there will be approximately 7.5 acres for development and 2.5 acres devoted to rights-of-way. It can be assumed that the development permitted in the R-2 Zone District will be compatible in this area and form a buffer between the I-1 Indus trial Zone District to the east, and the R-1-B, Single-Family Zone District to the west. It will also be an extension of the R-2 Zone District lying to the north . RECOMMENDATION FROM THE DEPARTMENT OF COMMUNITY DEVELOPMENT: The Planning Division recommends approval of the rezoning requests for the Tidwell and Parr applications for the following reasons: 1. Because of its proximity to industrial areas, and because of the agricultural nature of the development within the subject area, "the Single-Family Residence zoning may not have been the correct initial zoning. 2. The City has zoned an area north of the subject site wh ich is Centenn ial South Subdivision for R-2 Medium Density Residence, causing s change in the area. 3. 4. The properties within the subject area are not developing under the R-1-C Zone District, because of the proximity to industrially zoned areas. The area proposed for rezoning is more than "one (1) City block in area", and therefore, complies with a policy previously established by the City • • I • • - • • • ( • STAFF REPORT Page -6- • • • PUBLIC HEARING Rezoninr. 'R e quest Case (/ 32-84 CasE' 1133-84 5. The proposed medium-density zoning would not be in conflict with the Comprehensive Plan. 6. The maximum possible density permitted in the R-2 Zone District could be accommodated by those facilities most directly affect ed, such as utilities and police and fire services. 7. There are commercial, educational and recreational facilities within the immediate area that could meet those needs of the additional population that may come about because of the rezoning. STAFF NOTE: The City has tried to get the people in this area to work together ever since the area was annexed. It appears that they are now working together for a coordinated development. The staff sees this as a very positive step . • I • • • ( • • • • APPLICATION FOR REZONING City of Englewood, Colorado DATE: ________________________ __ APPLICANT : Naae: John apd Charlotte Ti dwell Address: __ _a2~7~2~0~W~e~s~t~U~n~l~·o~nll---------- Englewood. Co Teleph~ne: 79&-7206 Relation to Request : Se e attachments 1 & 2 OWNER: Nase: ______ ~S~e~e~a~t~t~a~cuh~m~e~n~t~s~1~&~2~-- Address: __________________________ _ .'e lephone. __________________________ __ ... (./ e Hearing Nuaber ..,...------.,-_,.--...,..,..,.. Stateaent of prior contact with City Planning Departsent : Applicant represent ed by: .urrBOin' A. OBJIO&JIO A. GENGARO .!e ASSOCIATES o.IIO .... • 1JUAJI PLAJI1I'&U • DSY&LOP&RB IOU I . CLAAUO• IT. D&JIVD,OD.- and request that quest ions or comment s be direc ted to Anthony Gengaro Subaitted herewith is the Rezoning Fee of $100 for the first 5 acres, or any portion thereof, plus $100 for the next 5 acres, or any portion thereof, $20/acre for the next 20 acres or any portion thereof, and $10/acre for any area over 30 acres, as deterained by the City Planning and Zoning Coaaission. It is understood that this fee is necessary to defray the adainistrative costa entailed by this request and, therefore, will not be returned, and ·that additional fees say be required to cover the costs of advertising, if necessary, In addition, the applicant will be required to post the property in accordance with the specification& set forth in the Cosprehenaive Zoning Ordinance and at such locations as designated by the Planning Division. Tbe undersigned certifies that he has received and read a statesent of current City policies and applicablt exce~r:-j:ity ordinances concerning rezoning. John Tidwell <Jur_, J2 ~ / APPLICANT Charlotte Tidwell¢ 4ffJ~1JliER See attachments 1&2 (Must be signed y person paying deposit) • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • COMMON DESCRIPTION OF PARCEL TO BE REZONED: That property of the 4600 dlock of South Decatur extending east fro m Decatur St. to Clay St.; the northern boundary being the •Koza" subdivision, the southern boundary being that fence-line across from tne southern edge of Saratoga Street whe~it inte r sects Decatur. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • LEGAL DESCRIPTION OF PARCEL TO BE REZONl:D: • Se~> at t3chment 0 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • ~~~~KNT ZONING : ____ ~R~-~1~-~C -----------REQUESTED ZON lNG : ----1~~---------- • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • I • ' ( • • • • Attacnment. no. 1 ZONE CHANGE REQUEST This application for rezoning came about because of the interest of John and Charlotte Tidwell to rezone their 1.44 acres (PPI 045,040) of vacant land just south of the Koza development between Decatur Street and their home. City Staff requested in discussions ~ith the Tidwell's consultant, A. Gengaro & Associates, that if possible, the City would like to see a rezoning to an R-2 designation of the entire area east of Decatur Street that is currently zoned R-1-C. The Tidwells met with other property owners of the area currently zoned R-1-C and the other owners consented to have their properties, as specified in the attached legal description, included in this request. In the inter- ests of cooperation, the Tidwells have included these addi- tional properties in this rezoning application. This request is based on the fact that the current zoning of the subject property is inconsistent with the land use specified in Englewood's Comprehensive Plan and that the present zoning prevents the development of the property in a manner consistent with the goals of that plan. The proposed change will assist in the implementation of the Comprehensive Plan. Approving the requested change from R-1-C to R-2 constitutes good zoning practices and such a change does serve the public necessity, convenience, health, safety and general welfare to the citizens of Englewood. 1-6 • I • - ~I ( • • • • That the requested rezoning of this property from R-1-C to R-2 is proper and in the public interest is supported by the following history. When this property was annexed to the City of Englewood in 1961 it was "automatically" zon~d R-1-A. Such an "auto- matic " zoning is now illegal. In 1963 the subject property was part of an area zoned to R-1-C at the time of the adopt- tion of the 1963 Comprehensive Ordinance. There is reason to believe that this zoning was intended as a "holding zone" until the City could determine a proper course of action for the development of this area. The City did re-assess its plans for the area and set a course for its development when it adopted the Comprehensive Plans of 1969 and 1979. In both plans the City stated that the proper use of this prop- erty was medium-density residential, a use not allowed under the provisions of the present R-1-C zoning designation. In March of 1975 the Planning Staff recommended that the Planning Commission approve a request for rezoning an area which included the subject property from R-1-C to R-2-B. The Planning Commission was unable to act on the request because no person having a legal interest in the property was party to the application for rezoning. In May of 1974 a new request was submitted and in June of 1975 the Planning Commission recommended City Council rezone the property to R-2-B. Before the Council acted, a new zoning ordinance was adopted and the R-2-B zone was replaced by the new R-2 designation making it impossible for the Council to legally consider the request. 2-6 • I • - ( • • • • In November of 1975 and application was filed on the northern portion of the original parcel requesting a change in use from R-1-C to R-2. The Planning Commission recommen- ded approval of this request and the City Council concurred. The rezoning history of this property shows that the low density single-family zone originally designated for this area was probably in error because of the proximity of this property to industrial areas. Recently the City rezoned other property in the vicinity to R-3 (Spencers Landing condominiums) and R-2 (Koza subdivision). Just south of this property in Littleton, construction recently began on a 250 unit high density condominium devel- opment. These rezonings and the construction of higher density developments adjacent to and in the vicinity of this project, when coupled with the area's proximity to industrial uses virtually preclude the development of this area as a low density single-family use. The parcel for which the rezoning is requested is adja- cent to and an extension of the parcel rezoned to R-2 and de- veloped under that classification. Therefore, rezoning of the property now being considered would not constitute a "spot" rezoning. The rezoned parcel, adjacent on the north, to that area presently being considered for rezoning was later de- veloped as a subdivision of duplex and tri-plex homes. The zone change of this area from R-1-C to R-2 provides the City with the opportunity to encourage the development of this area in a manner consistent with the Comprehensive 3-6 • I • - ( • • • • Plan and to allow the expansion of the existing resid e ntial neighborhood. This expansion will buffer the existing neigh- borhood from the industrial uses to the east and will finally provide some order and cbhesiveness to the Land Use Patterns of this area. 4-6 • I • • '\ f f • • • • At.t.acnment. No. t! OWNERSHIP 0 Parcels PPI 045 and PPI 040 under the ownership of aohn and Carolotte Tidwell were the only parcels originally considered for rezoning by the applicant. To address the concerns of City Staff the applicants have included in this request for rezoning the parclls PPI 045 and PPI 040 plus parcels PPI 058 (Tidwell residence) PPI 059 (Whitby residence) PPI 041. (Green residence) .. • 0 o .~ ~,. 0 , # 0 .... -· ... 0 ..J .... ~· -I I • • - , • ( • • • Attachment No. 3 LEGAL DESCRIPTION AREA PROPOSED FOR REZONING FROM R-1-C to R-2: That part currently zoned R-1-C of those parcels identified by the following Permanent Parcel Identifica- tion numbers of Township 2077, Section 8, ~Section 4, OO(unplatted): Number Owner 045 Tidwell 040 " " 058 " " 059 Whitby 041 Green Also that portion of the Right-Of-Way of So. Decatur Street from western boundaries of parcels 045 & 040, to the Centerline of said street . 6-6 I • • (' • Hr. Philip Whitby 2722 West Union Englewood, Co. July 20, 1984 Hr. Edwin E. McBrayer, Jr. Chair•an Planning & Zoning Commission City or Englewood • • • RE: Application for Rezone I Dear Hr. McBrayer, The purpose or this letter is to state that we support the application of John & Charlotte Tidwell to rezone their property between Decatur and Clay Street from the current R-1-C designation to a R-2 zoning designation. We further state that we have no problem with our property contiguous to Tidwell's being included in the area requested for re- zoning. We do request that the City keep us informed of any de- velopment proposed for the undeveloped property included in application shoould the rezoning be approved. Thank you for your consideration. (/!jJely, Phil~~~:~t-b_y _____ _ • I • • n - ( ( • DAD: August 3, 1984 API'LlCAIIT: 1 ... : Wayne Parr Addr ... : 2800 W. Chenango .Encleyood. Co. Teleplloae: ''794-4955 lelatioD tD .. ~ .. t: See attacbtept No. anD: 1 ... : See attachment No. Ad~:--------------------- Telepllo .. '------------ • • • 101 citY ud oNLY Heartns Muaber ~----~--~~Tr ltat ... nt of prior contact with City Plann1n& Depart.eat: Applicant Represented By Ali'I'IIOIIT .t.. OIIJIQ.t.IIO A. GENGARO &e ASSOCIATES o.mo .... • t7U.d n...JIRNI • Davai.OPmW IOIIa I . CI.AAUOJf BT. ~oo .eo.oe Please direct questions, comments and correspondence to Anthgpy Gcgsaro Subattted berewtth 1a tbe lezon1n& Fee of $100 for the ftrat ~ acr .. , or an, portioD thereof, plua •100 for the next 5 acrea, or anJ portion tbereot , '20/acre for the ... t 20 ecrea or an, porttoa thereof, and •10/acre for any area ower 30 acrea, ae d8'-ra1ned by tbe City Plann1n& and Zontac CO..iaaioD. It 1a underatood that th1D f .. la neceaaary to defray the a~lniatrative coata entailed by tbia re4Deat and, therefore, will not be returned, and -that add1t1oaal f ... .,, ba required to cover the coeta or advert1a1ac, it nece .. arJ. Ia add1t1oa, tba applicant will be requ i red to poat the propertJ ia accordaace e1tb tbe e,ecificationa act forth in the Coapreheaeiwe Zonin1 Ord1aaace aad at .uch looattona ae deai~:nated "' the Pllnoiq Dhiaion. The aadera11aed cert1f1 .. that he baa City polici .. aad app11~le excerpt• received and read a atat..,Dt of current fraa City ordinaac .. coaceraill rezonint q OWMIR ~~~~~NP.~~~~~~~y~pe~reon ~p-a~y~i~n-&~d.~poe~~int~)~--------------• . . . . . . . . . . . . . . . . . . . . That property currently zoned R-1-C or ~ DIICaiPTtOI or P..ciL TO B1 R&ZONZD :the 4900 Block or South Decatur extending east to Clay St.: the northern boundary being the renee line extending east rroa a point approximately one-half the vay between the intersections with Decatur or Layton and Saratoga Streets, the southern dry being that renee line extending east rrom a point approximately 100 south or the Chenango Decatur intersection that fence line also •ark1nf boun- rt. e • e • e e e • e e e e • • • e e • e • • • e e e e • i e e e • e • I ~hS • Englewood-Littleton boundary. UGAL ~IPI'IOit or PAIICIIL TO BE RBZONF.D : • See attachment No. 3 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • PUtnT ZOIIIIIG : ___ :.;.R_-~1-...;:C-.. ___ _ Ra~STBD ZOI4111G: _ _.II.""'-------- • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Rea8on for requested zone change -See Attach~ent No . 1 - • I . • • • • Attachment No. 1 ZONE CHANGE REQUEST This application for rezoning came about because of the interest of John and Charlotte Tidwell to rezone their 1.44 acres of vacant land located east of Decatur Street and be- tween the property herein described and the Koza subdivision. Englewood City Staff requested in discussions with Tidwells' consultant, A. Gengaro and Associates, that the City would like to see a rezoning to a R-2 designation of the entire area east of Decatur Street currently zoned R-2. The Tidwells and their consultants met with property owners in this area, including the Parrs. Some owners agreed at that time that in the spirit of cooperation to allow their property to be included in Tidwells application for rezoning. The Parrs agreed to cooperate with the City and Tidwells but it was decided that because of the size of their parcel that a separate application be submitted. This request for rezoning is based on the fact that the current zoning of the subject property is inconsistent with the land use specified in Englewood~s Comprehensive Plan and and that the present zoning prevents the development of the property in a manner consistent with the goals of that plan. The proposed change will assist in the implementation of the Comprehensive Plan. Approving the requested change from R-1-C to R-2 constitutes good zoning practices and such a change does serve the public necessity, convenience, health, safety and general welfare to the citizens of Englewood. That the requested rezoning of this property from R-1-C to R-2 is proper and in the public interest is supported by the following history. 1-6 • I • - • • • • When this property was annexed to the City of Englewood in 1961 it was "automatically" zoned R-1-A. Such an "auto- matic" zoning is now illegal. In 1963 the subject property was part of an area zoned to R-1-C at the time of the adopt- tion of the 1963 Comprehensive Ordinance. There is reason to believe that this zoning was intended as a "holding zone" until the City could determine a proper course of action for the development of this area. The City did re-assess its plans for the area and set a course for its development when it adopted the Comprehensive Plans of 1969 and 1979. In both plans the City stated that the proper use of this prop- erty was medium-density residential, a use not allowed under the provisions of the present R-1-C zoning designation. In March of 1975 the Planning Staff recommended that the Planning Commission approve a request for rezoning an area which included the subject property from R-1-C to R-2-B. The Planning Commission was unable to act on the request be- cause no person having a legal interest in the property was party to the application for rezoning. In Hay of 1974 a new request was submitted and in June of 1975 the Planning Commission recommended City Council rezone the property to R-2-B. Before the Council acted, a new zoning ordinance was adopted and the R-2-B zone wa s replaced by the new R-2 desig- nation making it impossible for the Council to legally consider the request. In November of 1975 an application was filed on the northern portion of the original parcel requesting a change in use from R-1-C to R-2. The Planning Commission recommended approval of thia request and the City Council concurred. 2-6 • I • • (' • • • • The rezoning history of this property shows that the low density single-family zone originally designated for this area was probably in error because of the proximity of this prop- erty to industrial areas. Additionally this surrounding land uses have ch~nged as the City has rezoned other property in the vicinity to R-3 (Spencers Landing condominiums) and R-2 (Koza subdivision). Adjacent on the south of the sub- ject property, construction recently began on a 250 unit high-density condominium development in Littleton. Previous rezonings and the construction of higher density developments adjacent to and in the vicinity of this project, when coupled with the area's proximity to industrial uses virtually pre- clude the development of this area in a low density single- family use as the existing zoning requires. This property is large enough by itself not to constitute a so called "spot zone." When this application is considered with that of Tid- wells, the proposed rezoning constitutes a logical extension of the R-2 zoning of the "Koza" development. Extension of the R-2 zone throughout this area provides for this area to be developed in a manner which recognizes the changes in land uses affecting this area since it was zoned R-1-C. The change from R-1-C to R-2 not only recognizes present realities but also supports the goals of the Englewood Comprehensive f.!!.!!· The zone change of this area from R-1-C to R-2 provides the City with the opportunity to encourage the development of this area in a manner consistent with the Comprehensive Plan and to allow the expansion of the existing residential 3-6 • I • • - • • • • • • neighborhood. This expansion will buffer the existing neighborhood from the industrial uses to the east and high density residential developments in Littleton and will finally provide some order and cohesiveness to the Land Use Patterns or this area • 4-6 • I • • , • • • • Attachment No. 3 LEGAL DESCRIPTION AREA PROPOSED FOR REZONING FROM R-1-C to R-2 That part currently zoned R-1-C of those parcels identified by the following Permanent Parcel Identification numbers of Township 2077, Section 8, ~Section 4, OO(un- platted): 013 & 055 under the ownership of Wayne, Judith and Dennis Parr. Also that portion of the Right-Of-Way of So. Decatur Street from western boundaries of parcels of 0 13 & 055, to the Centerline of said street. 6-6 • I • • • • • Attachment No. 2 OWNERSHIP Parcel PPI 0 13 and PPi 055 are under the ownership of Wayne, Judith and Dennis Parr. M~. Judith ~arr .wi!J strve as the official applicant. 5-6 I • • • • • • • ORDINAOCE 00. SERIES <F 198:_,4 __ _ BY AlmiORITY A BILL FOR /)a_ COUOCIL BILL 00. 48 IN'l'ROOOCFD SY CXXJOCIL MmBER f.J .. J gi Q. ( AN ORDINAlCE REZONit«; PARCELS <F LAM:> EAST <F SOUTH DEX:A'ruR STREET AND APPROXIMATELY 750 FEET SOOTH <F WEST UNION AVENUE IN THE CITY OF EN;Lf)ol()()[), 0XJNTY OF ARAPAHOE, STATE <F COLORADO, FRa1 R-1-c, Sit«;LE-FAMILY RESIDEtCE, TO R-2, MEDIUM DENSITY RESIDEtCE. WHEREAS, on September 18, 1984, the City Planning and ZOning Commission held a public hearing on the application filed by wayne and Judith D. Parr requesting the City to rezone contiguous properties which lie east of South Decatur street and approxhnately 750 feet south of West Union Avenue fran R-1-c, Single-fCillily Res i dence, to R-2, Medil.rn Density Residence; and WHEREAS, the property to the west of South Decatur Street i s zoned R-1-B, Single-fCillily Residence, the ad j oining property to the north is zoned R-2, Medium-density Residence, to the east of subj ect property is zoned I-1, Light Industrial, and the land to the south i s in the City of Littleton, and is being used for the s t orage of travel trailers and has been d i scussed as the possible locat i on for a mobile hane park; and WHEREAS, the Planning and ZOn i ng Comm i ss i on believe this R-2 zoning would serve as a buffer between the single-fCillily zoning and developnent on the west and the industrial zoning and use on the east ; ~, THEREFoRE, BE IT ~INFD BY THE CITY COUOCIL <F 'mE CITY <F FN:iLE)JO)D, COLORADO, AS FO~S: Section 1 . 'ftle f ollowing described property shall be zoned f ran R-1-c, Single-fCill ily Resi dence, t o R-2, Med il.rn Dens i ty Res i dence: lttat part curren tly zoned R-1-c o f tho se parcels i dentified by the following Pecnanent Parcel Identification numbe rs of Township 2077 , Section 8 , 1/4 Section 4 , 00 (unplatted): 013 & 055 under the ownership of wayne , Judith and Dennis Parr. Also that portion of the right-of-way of South Decatur Street fran western boundaries of parcels of 013 & 055 to the centerline of said street. In the City of Ehglewood, County of Arapahoe , State of Colorado. • I • • • • • • Section 2. 'n1e Official Zoning Hap of the City of Ehglewood, Colorado, hereby is anended accordingly. Section 3. Public Head~. Pursuant to Section 22. 3 of the Conprehensive Zoning Ordmance, City Council directs that a public hearing be held before it on , 1984 at __p.m. with regard to zoning said parcels of land according to~ve classifications. Introdoced, read in full, and passed on first reading on the 15th day of October, 1984. Published as a Bill for an Ordinance on the 17th day of October, 1984. EUgene L. Otls, Mayor Attest: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Ehglewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of a Bill for an Ordinance, introdoced, read in full, and passed on first reading on the 15th day of October, 1984. Gary R. Hlgbee • I • • - .. • • • • • BY AUTHORITY ORDINAN:E 00. COOtCIL BILL 00. 4~ INTROOOCID B~IL MEMBER IJ.Ji SERIES CF 198'74 __ _ A BILL FOR AN ORDINMCE REZOOI~ PARCELS CF LAMJ EAST CF SOOTH DEX:ATUR Sl'REET AW APPROXIMATa.Y 500 FEET SOOTH CF WEST UNIOO AVENUE IN THE CITY <F EN;LE)l()()[), CCXJNTY CF ARAPAHOE, Sl'ATE CF COLORADO, FRQol R-1~, Sit«>LE-FAMILY RESIDEICE, TO R-2, MFDHI1 DENSITY RESIDEtCE. WHEREAS, on September 18, 1984, the City Planning and zoning Commission held a public hearing on the application filed by John D. and Olarlotte Tidwell requesting the city to rezone contigoous properties which lie east of SOuth Decatur Street and approxUnately 500 feet south of west union Avenue fran R-1~, Single-family Residence, to R-2, Hed i 1.111 Density Residence; and WHEREAS, the property to the west of south Decatur Street i s zoned R-1-B, Single-family Residence, the adjoi ning property to the north i s zoned R-2, Med i \D-dens i ty Res i dence, to the east o f subj ect property i s zoned I -1 , Light Industrial, and the l and to the south i s i n the city of Littleton, and is being used for the s t orage of travel trailers and has been d i scussed as the possi b le l ocation for a IWJbile home park ; a nd ~. the Planning and zoning CXmnission believe this R-2 zoning would aerve as a buffer between the single-family zon i ng and developM!nt on the t and the industria l zoning and use on the east; t«::i, 'ftfEREl"aU:, IT ORDIUNED BY THE CITY COOlCIL CF THE CITY CF I!JCLMXD, CXllDlWlO, AS l'OLl.CiiS : Section 1. '1'he follOWlng ~ribed property shall be zoned fr an R-1~, Slngle-f•ily Residence, to R-2, Hedi1.111 Density Res idence: 'rtlat part currently zoned R-1~ of those parcels i dentified by the following Pemanent Parcel Identification nl.lllbers of ~hip 2077, Section 8, 1/4 Section 4, OO(unplatted): ~r OWner 045 Tidwell 040 Tidwell 058 Tidwe ll 059 Wl itby 041 Green • 11 A I • - • • • • Also that portion of the right-of-way of South Decatur street from western boundaries of parcels 045 and 040 to the center- line of said street. All in the City of fhglewood, Comty of Arapahoe, state of Colorado. Section 2. The Official Zoning Hap of the City of fhglewood, Colorado, hereby is amended accordingly. Section 3. Public Heari~. Pursuant to Section 22.3 of the Comprehensive Zomng Ordmance, City Council directs that a public hearing be held before it on , 1984 at _y.m. with regard to zoning said parcels of land according to the above classifications. Introduced, read in full, and passed on first reading on the 15th day of October, 1984. Published as a Bill for an Ordinance on the 17th day of October, 1984. aJgene L. Otls, Mayor Attest: ex officio C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of fhglewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 15th day of October, 1984. Gary R. Hlgbee • I • • - • BY AUTHORITY ORDINAOCE NO. SERIES CF 198""'"4 __ _ A BILL FOR • • - C:OUOCIL BILL NO. 47 INT~ BY tiL MEMBER tJ: {'-1 '-' !I b AN ORDINAOCE APPRO\IIN:; THE LICENSE AGREEMENT BE'IWEEN THE CITY CF EN:iL~ AND THE CITY <F LITTLETON AND .AGREEMENT REX:iARDIN:; LITTLE'S CREEK -LITTLETON AND EN:;L~()(D DITOI ~ SEPARATION IMPROVEMENI' BE'IWEEN URBAN DRAINAGE AND FLOOD CONTROL DISTRicr, THE CITY CF LITTLETON, AND THE CITY <F EN:>L~ FOR PART CF THE THIRD PHASE <F THE LITTLETON RAILROAD DEPRESSION PROJOCT AT LITTLE'S CREEK TRICKLE OiANNEL. WHEREAS, by contract dated January 9, 1984, the City of Englewood, the City of Littleton, and the State Department of High- ways, Division of Highways, agreed to share the costs of relocating the City Ditch; and WHEREAS, since relocation of the City Ditch for the Littleton Railroad Depression Project, it is now necessary to enter the third phase of the project of piping of City Ditch in the facility at Sterne Park to separate flood waters from City Ditch waters; and ~REAS, the License J\greanent beboieen the City of Englewood and the City of Littleton authorizes Littleton to install a sanitary sewer and the Little's Creek Trickle Channel across the City of Englewood rights-of-way for the City Ditch, a copy of which License J\greanent is attached hereto and incorporated herein by reference; and WHEREAS, by agreenent entitled "Agreanent !eJarding Little's Creek -Littleton and Englewood Ditch Flow separation Dnprovement (1\greenent NO. 84-09.05) ," the Urban Drainage and Flood Control Dlstrict, City of Littleton, and City of Englewood agree to share equally in the costs of construction of this third phase of the proJect, a copy of which J\greenent is attached hereto and incorporated herein by reference; and WHEREAS, the final proposed cost-sharing on this project is est imated not to exceed $85,000 with the maximU'II cost to each party t o be one-third, or $28,333; and WHEREAS, The State Highway Department will use its contractor now on site to do the work, if it is approved, according to the contract between the City of Littleton and State of Colorado, State Department of Highways, Division of Highways, a copy of which is attached hereto and incorporated herein by reference; • I . • • • • ~. THEREFORE, BE IT ORLAINED BY THE CITY a:mciL <F THE CITY <F EN.:iLtWOOO, COLORADO, AS FOLLCWS: Section 1. City COuncil hereby approves and adopts the License Agreenent between the City of Blglewood and City of Littleton. Section 2. City COuncil hereby approves and adopts the e¥3reanent ent1tled "Agreement Regarding Little's Creek-Littleton and &-!glewood Ditch Flow Separation l!n{rovanent (Agreenent NO. 84-09.05) ." Section 3. City council authorizes the Mayor and ex officio City Clerk-Treasurer to sign and attest said License Agreenent and Agreanent Regarding Little's Creek-Littleton and Englewood Ditch Flow Separation IInprovanent (Agreement No. 84-09.05) on behalf of City council and the City of Englewood. Introduced, read in full, and passed on first reading on the 15th day of October, 1984. PUblished as a Bill for an Ordinance on the 17th day of October, 1984. rugene L. otis, Mayor Attest: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Blglelo!Ood, COlorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 15th day of October, 1984. Gary R. Hlgbee • I . • • • - LJCFNSE AGREEMENT THIS AGREEHF.NT, made and enten~d into as of the day of , 198 , by and between the CITY OF ENGLEWOOD, a _m_u_n~l.-C_l._p_a_l..--c-orporatTOn of Colorado, hereinafter referred to as "City" and the CITY OF LITTLETO !~, a municipal corporation of the State of Colorado, hereinafter referred to as "Licensee", Wl'!'N ESSETH: The City without an~ warranty of its title or interest whatsoever~ hereby authorizes Licensee, its successor, assigns, to install a sanitary sewer and the Little's Creek Trickle Channel across the City's rights-of-way for the City Ditch, A parcel of land situated in the Southwest 1/4 of Section 16, Tovm~hip 5 South, Range 68 West of the 6th P.I-:., County of Arapahoe, State of Colorado and lying ,,,:i thin the follo...,•ing described lines: Beginning at a point from whence the southwest corner of said Section 16 be ar s S 43°55'47" t'i', a distance of 647.63 feet, said point being on the westerly right-of-way line for the City Ditch and 10 feet opposite a 12 inch sanitary sewer owned by the City of Littleton; 1. Thence N 74°36'53" E, a distance of 29.19 feet, to a point on the easterly rig ht -of-way line for the City Ditch; 2. The nce N 15°40'45" E along said easterly right-of-way line a distance of 35.02 feet, to a point 25 feet opposite and 12 inch sanitary sewer; 3. The nce S 74° 36' 53" w, a distance of 29.19 feet, to a point on the w sterl y right-of-way line for the City Ditch; 4. Thence s 15•40 • 4 5" W along said westerly right-of-way line, a distanc~ of 35.02 feet, more or less, to the point of beginning. The above described parct>l contains 0. 0:::!0 acres, more or less. 1. An y construction conterplated or performed unrler this License shall comply w ith "lnd conform to standards formulated by the Director of Utilities of th~ City and such construction shall be perforiT'.Pi! and completed accor ding to the plan and within the t olerances qivPn on the City's druwinQ, Dr. , No. , consisting of one sheet, a copy of which is attached ~etn ~made a part hereof • • I • • • • • - 1 -=-(_:l ,· 2. The LicenFee sh11ll notify the City's Director CJf Ut.ll- ities at least three the construction of, sewer so that the operations. (31 days prior to the time of commenc~ment. of or any repairs made to, Licenaee'£ 1a• atorm City may, in its discretion, inspect auch 3. Within thirty (301 days from the date of the COII'JTience rrent. of construction of said 12 inch sanitary ~ewer and Little's Creek Tric!:le Channel the Licensee shall co:nplete such construction, place and maintain permanent, visible markers, of a type em d a such locations as de~ignated by the City's Director of Ut.ilit1es, referring to the centerline of the installation and £hall clec:r the crossing area of all construction debris and restore t he orec: to its previous condition as near as may be reasonable. 1:-: thP event the placing of the centerline markers and the clear ing a~d restoration of the crossing are11 is not completed within t~e t~rne specified, the City may complete the work at the sole expense of the Licensee. 4. The City shall have the right to maintain, inst6ll, repair, remove or relocate the City Ditch or any other of its facilities or installations within the City's rights-of-\·:ay , at any time and in such manner as the City deems necessary or conve- nient. The City reserves the exclu~ive right to co~trol all easements and installations. In the event the 12 inch sanitary sewer and Little's Creek Trickle Channel sho1.:ld interfere with any future use of the City's rights-of-w~y b y th e City , the Licensee shall, upon request and at its sole expense, relocate, rearrange, or remove its installation s so as not to interfere with any such use. 5. Any repair or replacement of any City insta llation rr.ade necessary, ~n the opinion of the City's Director of Utilities because of the construction of the 12 inch sanitary se..,.·er, Lit- tle's Creek TricklP. Channel, and other appurtenant installations thereof, shall be made at the sole expense of the Licensee. 6. The stipulation and conditions of this Licens shall be incorporated into contract specifications if the c o ~struction herein authorized is to be done on a contract basis. 7. The rights and privileges granted in this Lie nse shall be subject to prior ngreements, license~ and/or grants, recor~en or unrecorded, ~nd it shall be the Licen~ee's sole r~sponsibility to determine the ex1stence of f;l'lid docwnents or conflic-ting uses or installation~. 8. The Licensee shall contact lind fully coopP.rate with the City's di tch forem~n lind the crossing sh~ll be ml'l~e without interference \o'ith an~· l11wful, usual or ordinl\ry flo""' of water • I • • • LlC r-J,L ( haree rr • .,-nt. l 'n~H -3 • • • through the City Ditch. Licensee shall assume all ri£~£ incident to the possible presence of such waters, or of storm waters, or of surf~ce waters in the City Ditch. 9. All trenches within the City'6 rit;7hts-o!-1o·ay shall be backfilled and tamped to the original ground line in layers not to exceed six (6) inches loose measure to a compaction of ninety per cent (90%) Standard Proctor ~axirr.um Density. 10. Licensee, by acceptance of this license, expressly assu~es full and strict liability for any and all damages of e ~ery natu:-e to persons or property caused by water from the Olt.C h leaking through, or breaking through the ditch banks o~ pipeline at the point or points where the Licensee performs any 1o·ork in connection with the crossing provided by this license. The Licensee assumes responsibility for maintenance of the installa- tion for a period of one year, whereupon all interest, liability and control is conveyed to the City. 11. Licensee shall inde~~ify and save harmless the City, its of~ice:-s and e mp loyees, against an y and all clairr.s, damag es, actions or causes of action and expenses to ~hich it or the y may be subjected by reason of said 12 inch sanitary se~er and Little's Creek Trickle Channel being within and across the premises of the City or by reason of any ~ork done or omission made by Licensee, its agents or employees, in connection 'l..'ith the construction, replacement, maintP.nance or repair of said installation. 12. It is expressly agreed that in case of Licensee's breach of any of the within promises, the City may, at its option, have specific performance thereof, or sue for damagE·s resulting from such breach. 13. Upon abandonment of any right or privilege herein granted, the right of Licensee to that extent shall terminate, but its obligation to indemnify and save harmless the City, its offic:r.rs and employees, shall not terminate in any event. In granting the above authorization, the City reserves the right to make full use of the property involved as may be neces- sary or convcniP.nt in the operation of the water works plant and system under the control of the City • • I • • (t • Ll C"£"TI ~t: h ~Jl t't-'11\t.!Ul. Page 4 • • • IN WITNESS WHEREOF, thia instrument has been executed as of the day and year first above written. APPROVED: Stewart Fonda Director of Utilities APPROVED AS TO FORM: ,;/;l:;!eba= CA7/27 CITY OF ENGLEWOOD, acting through and by its ":eter and Sewer Board By:~~~~------------------Chairman CITY OF LITTLETON By: '::P:-r_e_s_1~· o""'--e-n-:t-o-..f~C""i-:t:-y--=c-o_u_n_c__,..i .... l- • I • • - • ,, • Ll ce n ~l: n ~JI ~'-·m e 1 11. Pa ge 4 .. • • • lN WITNESS WHEREOF, thia instrument has been executed as of the day and year first above written. APPROVED: Stewart Fonda Director of Utilities APPROVED AS TO FORM: ~~;!,dhr CA7/27 CITY OF ENGLEWOOD, acting through and by its ~ater and Sewer Board By:~~~~------------------Chainnan CITY OF LITTLETON By: "'P:-r-e-s-~ .... , a""'.-e-n-=t-o-.,.f......,.C'"'i'"'t:-y-""'C,...o_u_n_c_~..,...· ..-1- • I • • • • • (/) -U1 ~ n 0 0 :;o z rr1 :;o (/) rr1 n """i -0 z ,_ (7') . ....,J -~ ..J U) ~ ,w en . -OUl l11 N IJl w '~ w : 0 : fTl ~ IJl : ('T1 I . • (I• • • n • • • • • • AGREEMENT REGARDING LITTLE'S CRfEK -LITTLETON AND ENGLEWOOD DITCH FLOW SEPARATION IMPROYEIIENT (Agreeaoent No. 84-09.05) THIS AGREEMENT, tn~de this ------day of -------• 1984, by and between the URBAN DRAINAGE AND FLOOO CONTROL DISTRICT (hereinafter called "DISTRICT"), the CITY OF LITTLETON (hereinafter called "LITTLETON"), the CITY OF ENGLEWOOD (herein.tter called "ENGLEWOOD"); WITNESSETH: WHEREAS, DISTRICT, in a policy statenlent previously adopted (Resolution No. 14, Series of 1970) expressed an intent to assist public bod i es which have heretofore enacted floodplain zoning measures; and WHEREAS, a drainage ~~~aster plan entitled "Major Drainageway Planning, Lee Gulch-Little Creek, Phase 8, Preliminary Design•, by KKBNA, Consulting Engineers, dated Septellber 1978 has been c~leted in cooperation with LITTLETON AND ENGLEWOOD, Arapahoe County, and DISTRICT; and lot4EREAS, DISTRICT has adopted, subsequent to a public hearing, 1 Five-Year Capital hnprovenent Progr111 (Resolution No. 59, Series of 1983) which includes flood control illl!lroVetllefltS in LITTLETON on Little's Creek during 1984; and WHER£AS, LITTLETON intends to enter into an agree.ent with the Colorado Sute Depart.nt of Higt..ys for construction of box culvert on City Ditch to separate the flOOfS of Little 's Creek and City Ditch; and WHEREAS, Colorado State Depart.nt of Highways has prepared plans for the box culvert for City Ditch crossing of little's Creek, said plans being included in the Railroad Depression Project; and WHEREAS, illtprov-nts of Little's Creek from Santa Fe Railroad to South Platte River have been constructed; and WHEREAS, totll project costs for the City Ditch Boa culvert to separate City Ditch and little's Creek flows structure are estiuted to be $85,000, which includes engineering, construction, and contingency; and • I • • • • • • WHEREAS, the local share of estimated project costs is SSS,OOO which is to be shared on a 1/3, 1/3, 1/3 basis by LITTLETON, ENGLEWOOO, and DISTRICT; and WHEREAS, the Board of Directors of the District (Resolution No. 41, Series of 1984}, the LITTLETON City Council (Resolution No._, Series of 198_) and the ENGLEWOOD City Council have approved participation in the project by the DISTRICT, LITTLETON, and ENGLEWOOD; NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree u follows: l. SCOPE OF TlUS AGREEMENT This AgreeRnt defines the responsibilities and financlll c011111itments of LITTLETON, ENGLEWOOD, and DISTRICT with respect to the construction worlt required to construct a box culvert for City Ditch under Little's Creek in Littleton. LITTLETON and the State DeparUient of Highways have entered into an agree~~~ent defining certain COIIIIIitlllents of LlffiETON and the State DepartMent of Highwys. The agreement between LITTLETON, ENGLEWOOO, and DISTRICT entered into herein is contingent and dependent upon the· agreement between LITTLETON and the State ' DepartMent of Highways, which is made a part hereof by reference as if attached hereto. • • 2. SCOPE OF PROJECT The project will consist of construction needed to constn.oct the box culvert carrying City Ditch flow under Little's Creek In LITTLETON. The construction of the project to ..tllch this agr-t pertains ~o~lll be located bet~o~een the railroad depression and 8Mth Street In the general alignment of Little's Creek. 3. PUBLIC NECESSITY LITTLETON, ENGLEWOOD, and DISTRICT agree that iiiiProv-nts authorized pursuant to this agre-nt are necessary for the health, safety, cOIIfort, convenience, and ~o~elfare of all the people of the State, and are of special benefit to the inhab i tants of the DISTRICT, LITTLETON, ENGLEWOOD, and the property therein • I • • ' • 4 . • • • PROJECT COSTS Costs to which this agreelll!nt perta in are 1i111ited to the following : a. Construction costs as incurred by the lowest qualified bidder(s); b. Construction field surveying, staking, inspection and supervision, and materials testing; c. Contingencies and other costs necessary to construct the project 1111tually agreeable to LlffiETON, ENGLEWOOD, and DISTRICT. d. Necessary licenses and pe,..its; It is understood that the project costs as defined above are esti~~~ated not to exceed $85,000 . S. PROJECT COST AND COST ALLOCATION LITTLETON, ENGLEWOOD, and DISTRICT will share equally in costs. The total project cost is estiMated to not exceed $85,000 . On this basis, the .axi-cost to each Party of this agree~~ent is as follows: DISTRICT 33-1/31 $28,333 LITTLETON ENGLEWOOD 33-1/31 33-l/3t: 28,334 28,333 The .axi-cost to LITTLETON, ENGLEWOOD, and DISTRICT as set forth above shall not be exceeded without written approul except for a SUIII equal to interest earned on funds on deposit. Any such additional costs, if and as approved by LITTLETON, ENGLEWOOD, and DISTRICT, shall be shared on the sa.e basis as the original shares. 6. DISPOSITION Of FUNDS The pay.ents by DISTRICT, LITTLETON, and ENGLEWOOO to UTTLETON shall be held by LlTTLETOII in a interest bearing escrow account established pursuant to LlffiETON 's escrow Agr-nt with the CDH to pay for incre.ents of the project as billed by the Colorado Depart.ent of Highways . LITTLETON shall provfde a periodic accounting of project funds as well as a periodic notification to ENGLEWOOO and DISTRICT of any unpaid obligations. 3 I • • • , • • • - Any interest earned by the monies contributed by LITTLETON, ENGLEWOOD and DISTRICT shall be accrued to the escr0011 account established by LITTLETON for this project and such interest shall be used only for this project. In the event that upon completion of the project, 1111nies including interest earned, shall remain Iiilich are not c011111itted, obligated, or disbursed, each party shall receive a share of such 1111nies, which shares shall be computed as were the original shares. 7. FLOODPLAIN REGULATIONS LITTLETON agrees that floodplain regulations for Little's Creek through LITTLETON will remain in effect. 8. OWNERSHIP AND MAINTENANCE The parties agree that LITTLETON shall 00o1n the canpleted flood control facilities and the abandoned ENGLEWOOD's City Ditch open channel (which upon canpletion of the piping of said ditch shall be conveyed by quit clai• deed to LITTLETON) and related structure at Betlh Street. ENGLEWOOO shall 00o1n and maintain all water supply facilities withi n right-of-way dedicated to the City Ditch new align~~ent to include, but not be li•i~ to the City Ditch box culvert and appurtenances as defined in Colorado Department of Highways Agreelll!nt No. CC. 10-0075-17. H0011ever, as provided, the DISTRICT shal l hne access to the right-of-wa,y and iiiiProveRnts It all tiiii!S. The Parties further agree that the DISTRICT NY assist LITTLETON with the .aintenance of facilities constructed or lllodified by v i rtue of this Agreet~~ent. Such 111lntenance ass htance wil 1 be li•lted to the drainage and flood control features of the project. The specific nature and terti of the maintenance assistance shall be set forth In a letter of understanding between the DISTRICT and LITTLETON. Maintenance assistance uy include activities such as keeping flow areu free and clear of debris and silt, cutting and controlling grass and weeds In the channel right-of-way, keeping culverts free of debris 4 I • • • • • • - and sediment, repairing drainage and flood control structures such as drop structures and energy dissipaters, repa iri ng eroded sections of channel and right-of-~o~ay and clean-up measures after periods of heavy runoff. WHEREFORE, the Parties hereto have caused this instrument to be executed by property authorized signatories as of the date and year first hereinabove ~o~ritten. (SEAL) ATIEST: ~r~\~ J;k.Rt ' (SEAL) ATIEST : APPROVED AS TO FOAM: City Attorney Date ------------- (SEAl) ATIEST: APPROVED AS TO FOAM : City AttorMy Date --------------------- THE URBAH DRAINAGE AHD FLOOO CONTROL DISTRICT Title Executive Director Date ~4 CITY OF LITILETON, COLORADO By ____________________ __ T1 tle ------------------- Date------------ CITY OF ENGLEIIOOO, COLORADO By ___________________ _ T1 tl e ------------------- Date----------- s • I • • • • CC i.C -0~7 5 -17 LITTL!::'S C:lt:t:K ,. L.a!e .--/.:.-;~.;. CCNT:li\CT • • - Till!: CO:>ITRI\CT , Dolde tll1u ---day of ------· 1.9 __ • by .&nd bo~tween tile Stolt" o( C.:.locado foe th~ usc and benefit of Tli!': STATE DEPI\RTHEilT 01' UlG ii:.IAYS. DIVISION OF lllCIIWI\'\Z. llecoinafter refecto:d to A& til~ StAte, And TilE CITY Of LITTLETON, STI\T£ OF COLOBADO. hccein~tt~c ccfccced to ~s the contcactot, or Local Agency, Wf~BEAS, Authority exi~ts in th" Law and Funds ll.&ve been budgeted. o~ppcopcio~ted And oth .. cwi~c ~ad~ available and • sufficient unencumbered balAnce tllc ceof rema i ns available foe pAyaent in Fund Humber 2001, GIL Accou nt Hu r.~b~r 52046. Con~cact Encumbc.&nce Huabcc 14651: And WHEREAS, requ i red o~ppcov a l, cle.&cance .&nd coordin.&tion ll•a been o~ccoaplished fcoa and with appropri.&te •g~nciea: o~nd WHEREAS, in connection witll tllo Littleton R.&ilro.&d Depression iapcovementl, tile Local Ag e ncy anticipates a roadway Pro}ect CC 10-0075-17 consisting of tile construction of a lllallow box undecne.&tll Little 's Cree~ in Littleton , Coloc~do. llereinaftec ceferrad to •• tile work: And WHEREAS, tile StAte o~nd Loc•l Agency consider it to be in tlleir autual interest to cooperate in tile construction of tile lll.&llow box; And WKEBEAS. til e Local Agency II.&& cequcst"d that tile proposed . construction of tt.e shallow box b~ pecfoc a"J by tile StAte's contc.&ctoc At tile co~t ot tile Local 1\gcncy: And WIIEBEt.s . ttl" ~tate Highway Coaaission on Marcil l6, UU IJAVe ~~pcoval toe the State to enter into a contract witll tile Local Agency tor ~co}act CC l0-007~-17 to accoaplich the wack: and Wli~R~I\~. thi ~ contc~ct ic executed by the ~t~te under autllocity of authority C)canteJ in it:. oe<lln.lncu or c oGolution, Attached lloceto o~nJ aade a p~ct of tni ~ c~ntc1ct: and I • • • • • • • W liEifEA~. t tl~ 5 t ~t~ anJ ~~~~1 ~-;~ncy J~~i:~ t o ~~r~c uron c.·rtain r espon~i btl t t \(':a Wll:l l :-.:·j .. r ·! t.l ~h -.: w o r~ . T~~ ~tate wtl1 p:~v1J~ li~i~on with thd L~c~l Agen cy ~h r ouy~ tt1~ ~tate's Oistci :t Enqinccc. District Vl. l ocJ tHd at 2 COO South ltully Sl<C ~t. D ~nv e r, Colotddo 09222 . :;did Dl •ttict ~nyinecr will ~l ~o be ccspon~iblc tor coordinating the St~to '~ ~ctiviti c s und~c t~is concra~t . 2 . The LOCdl Agency·~ dc;iqnatcd Project Engineer, who~e ofti~e phone number is shall provide liaison with the State ~nd have authority to sign modification or change ocdecs for the work . 3. 1\ll co&ts in.:urr e d to pe rfoua and to complete the week &:!all be borne by the Local Aq e ncy at 100,. 4 . The Local A9ency &hall provide to the State fund& not •o exceed an amount of $85,000 toe t h~ work un1e&& ioccea&ed by a written &uppleaental contc~ct . S. The Local Aqency'i funding foe the work &hall not ba derive~ tcoa its share ot 'the Highway Usee& Tax Fund . 6 . The State will b ill the Lo cal Agency on an incurred cost basis , inclusive of indirect costs . The Local A9ency •hall reu i t saae to the Stat~ wi thin 30 day& after r~ceipt ot th~ bill t or the co s ts of the work per io caed . I . Int :1a (und•. until the :;tate is r eia b~rsed , will be p yable froa St4te Hlqh ay ~uppl~aentary Fund (2001). 1. The State will be re~pon~ib1e foe th e preparation of a bid p•ckaqe; a4vertis~•~nt ot t he invitation to bid; thd l~tt1n9 •nd th open1a9 of bide and award1a9 of th~ conitructi~n contract to the 1uw~~t tw ~poo~1bl~ ~idd~r . 9. Th~ t\lrll of th ~ contc~c: &hull cuntinuc tl\rougll the compl~t1on and tan~l accc tan~e oC th\) wutk by th e Loc~l AQ ~ncy • n•l r u ~c I pl u l Cin.al l'<IYDI<Jnt f cu1.1 the Lo~a 1 Agc1 u:y. 10. The Loc~l ~qancy b~~11 c e viuw ~nd 9i v e at& concuccence to the plan~ and c p~ctCtc~tlon: toe tl\\) ~h~lluw box, a ade ~pact o! tlll:l conu~.:t by c~l•JC.:• ~ • pt1o: to tha St•t\l lnccrpoc.ntn9 t hea 1nto th e b1 I ~l•n p~.:raqc . • I • • ( ( • • • • t he d~y and year !~c~t abov~ wr it t e n . ATT!::ST : Cbillf Cleek APPROVI::D: State CoJntroller By ATTEST: :;·r; .. r :; Of' COLOlt/\DO RICIIl\UD D. LA.'4M, COVERtiOR Dy Executive Director Dl~PJ\UTHENT OF UIGHWAYS DUANE WOODl\RD Attorney General By LYN~ ODERNYt:R First Assistant Attorney Ge r.ec Ql Natural Resources Section CITY OF LITTLETON, COLORADO By Title • I . '( l • • . . • In cur.pli:.n~o.: OJH~ ·~rJ,. \'1 ·>f tl:,; C·:tl Kir,ht o :.cr cf l9o.', ;.nd Wl tll S...:ctL~~n t6 :'\ 1) ,}1 th..: ::-(l,I·<·Ji ,\LJ ,'i r.n w."l.y ,\&:L v: 11J73 . :h..: CL..ntracLo:-, for JL.l.!lf, it!--.i:: ... t~::lct:::. .u11.t ;;uccc:::.;orr. 1r. L nt~·.:cst. a~rec as f.:J ll o·.;•;: . A. 8 . ~lJ::.:.!tc" wirh R.-.!ul .t i.:Jns. T~o..: Con r=il ctor will C"OI:1 (lly ~Lif\c~KC£.Ut~C:~ of t.!"'c OcpJrtrnent of 1'ra.nsport .1.t i.}n relative co non.:iiscrimination in FedcrJll y -J~~i~t ed pro ~ram • of tte Do.:F artmenr of Transru~tation (Tit.l" 49, Cod.: o£ F.:Jcrill Rc ~ula ci on ::;, P..1rt :!1 , ht:r\!in~f tt.!r rct\::-rcd co 6J5 the "l t~r.ulatio n ~"). '"'·h ich are he re in incorporated by re fc r cuL~ d~~ liUJ~ a par t of thi s c nnt rac c. N "~ndi ~cri miHt.trinn . The: Cc.n.rra..:tor. ·..1ith rl!gJ.r d ro c~..:! ~·orlz-p:rTorm c ..! by it after aw aLd ar.d prior t o c o~plo..:t~on o f the contra ct work. will net dis- crimina te on the ~round of race, color, sex, oentill o~ ph~s1c..1l har.dicap r nat 1onal oriAin in the sel~cLl. nand r...:tc.ntion of Subco:'lt ractors. including procurem-•n ts of nute::1als and lea~es of equi;:>ment . he Contro.~cror will n ::.t. pilrticipo~t<' either directly or indi r ect ly in tho: d•scri mi nil tion prohibited by Scction 21 .5 of the Rceulations, includinr. employ-m~n t practices when the con tracc covers a prog ram set forth in Appe ndix C of th.: Regulations . C. Solicit~tions f or Subcontract •. Including Procure-~t ~~tc n a l s iln<l EQuipmenc. In Jll soiiclta- cions ~ither by competitive bidding or ne~ot ia tion made by the Con t ractor for wark to be p•rforne d D. und~r a zubconrract. includin ~ ?rocurer..en ts of matl!rials or equipm.,r.t, eil c h potenti.'il Subcon t racto r or supplier shilll be notified by the Contractor of the Co::.tractor ,' oblig ations un d <!r this contrdCt and the Regulations relativ~ to nondiscrimination on the groun u of race, co or, sex , mental or physical handicap or n ationcl or icin . l nformatlon &nrl Rep nrt s. 1he Contractor will pro-~ infor~~:1on and r cporL s required by the RxBul~tions. or ord~rs ~nd l.n~cr u c ti ons issu ~d pur~uant. thereto , and will permit acc ess to l.t S bov;..s, records, ac::ounts, olho.!r ~ources of l.nfonna- t vn, o~nJ 1t~ fac1litl.CS a ~ muy be determined by thi! State llt tll<: fl.'.:.\ LO be pernnent to ascerL:~in compliance wcLh ~uch R..,..;ul..t.iun~. o r d.::rs and in-strucuon~. . d 'C an,· 1nf r:n:HlOn required of tho: Cun~r ctor is 1n the c:~clu~ive possession of another \W ho fu ls or r~fu ;~:: to fut"nlSh this infonr.1tion . tlH.: c .. ~~-lL:"'' tor sh.,ll !.O c-.;r{_ify co the State , or th&! Fll\<11 "'· "l•Pr"prlJtC, a .J "h.1ll set forth wha t effort s h vc b~:cn nuJe to obL.i n thl! infortnation. S.Jn c ttcn~ for ~1JitC•~l i:mcc In rhc event of the COntr.l-c.:;r-•;;-n'UiiCOulplT'J~wtth Lhe nllndi~C'rimin iltion provi~.on~ of thi~ ~onLr~ct, r\1~ State shal l impo~c ~uch contt':>C't ~;mct.i.:Jn~ 3S it or the Fll\IA tn.1Y d.:tcr- mu;c r.> b,• approprlJtc, u~cluJ1 nr. but not limlCed to ; I . - ( (( I • • • • (l) Wlt~h ol~ln o ~ ~·l¥D~nts to th~ Con- t~~c:c r t:n~~r !~~ con~r~c t untll t.h~ C:.ntr.!.ct.·J r co:npllcs, and ''l r ; (2) Canc~ll~t~o n, t~r rn 1n~tion o~ s u~ pcn~il.c.n .lr t!1c c o nt.r.Jct , 1.n '..Jholc or in P"rtc. F. Incor n or.Jti o~ ot r r ovis ton s . Th~ ConLractor will 1ncludc th~ pravlSlOns oi Paragraphs A tchrcuqh f in every subcont:-uct., including prucuremcnts of materi~ls and l c ~scs of equ~pment, unless exe ~pt b~· the R ~gulat io n !i , o rde rs, c;r instructions issutd pursu.mt thereto. The Co nt ractor will t;>ke such act1on with respect to any ~ubcontract. or procure- ment as t.h~ S t.:it.~ or the Ftl\·1/, m.J.y direct u.s a m ·~a n!i oi cnforc1 nq such prov1sJons including sanct1ons for noncom?llanc~: p rovid~d, how~vc r, th~t, in the event th~ Contractor beco~s involved in, dr is threotened Wlth, l1 tiqat1on with a Subcontractor or s uppl1 e r as a result of such direction , the Contractor may requl.!st tha Stat ~ t o e n ter into such l1t~gat1o n to pro~cct d1e 1nterc sts of the State and, in add1t1on , the Contractor may reque st the fHWA to enter lnto such litigatlon to protect the interests of the Un1ted States. -:1- • I • ( ( • C 0 U N C I L DATE Oc tober 4, 1984 • • - C 0 M M U N I C A T I D N AGENDA ITEM II b SUBJECT Agreement for City Ditch and Little's Creek Trickle Channel INITIATE D BY ________ s~t~e~w~a~rt~H ~-~F~o~n _da~·~o~,~·r~e~c ~to~r~o ~f ~U~t~i ~ll~·t~i~e~s ____________ ___ ACTION PROP OSED. ______ A~p~p_r_o _va_l __ of __ t_h_e_C_o_n_tr_a_c_t _a_n_d __ L_ic_e_n_se __ A~g_re_e_me __ nt __ w_i_th ____ ___ the City of Littleton for part of the third phase of the Littleton Railroad Depression Project at Little's Creek Trickle Channel BACKGROUND Reference is made to Council Communications dated September 15, 1983 and July 12, 1984, attached hereto. The fifth paragraph of the September 15, 1983 Communication ~ndicated negotiations were proceeding amoung the City of Englewood, the City of Littleton and Urban Drainage and Flood Control District to fund the piping of City Ditch in the facility at Sterne Park. It was not necessary to pipe this portion of the ditch to build the railroad project, but the flooding danger resulted in an effort to design and construct facilities that will separate flood water from ditch waters. The final propos ed cost sharing on this project is 33-1/3 ~ for each of the three agencies. The State Highway Department wil l use their contractor who is currently on site to do the work if it is approved, while their contractor is still available . This should res ult in savings to the entities involved. FINANCIAL DETAILS The contract provides that Englewood's maximum cost will be 1/3 of $85,000 or $28,333. Any change orders or deductions to the contract amount would be paid or deducted on a 1/3 basis. The projected 1984 working capital balance in the Water Fund will be $474,262 and the projected 1985 working capital figure will be $941,322 1f this project is approved. RECOMMENDATION City Cou ncil approve the Contract and License Agreement with the City of Littleton, copies enclosed . • I • - ( ( • ( • RESOLUTION NO . .31 SERIES OF 1984 • • - A RESOLUTION AMENDING THE WATER ENTERPRISE FUND . WHEREAS, the City Council of the City of Englewood, Colorado, desires to make certain changes within the Water Enterprise Fund; and WHEREAS, maximum costs for Englewood 's share of costs in the Littleton Railroad Depression Project (City Ditch relocation at Little's Creek Trickle Channel which is part of the third phase of the Littleton Railroad Depression Project wi ll be 1/3 of $85,000 or $28,333); and WHEREAS, the final estimate of funds needed for complet i on of this Project could not be made at the time of adoption of the budget ; and WHEREAS, the Treasurer has certified that there is a suffic i ent cash surplus to meet the a ppropriat i ons; and NOW, THEREFORE, BE IT RESOLVED BY THE CIT Y COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO AS FOLLOWS : Se ction 1 . The following appropriation is hereby made in the Water Enterprise Fund : So ur ce of Funds Water Enter prise Fund Es ti mated Fund Balance 12/31/84 Ap propr i at i on of Fund s Li ttleton Rail road Depress i on Proj ec t (Ci t y Ditch r elocati on at Li ttl e's Creek Trickle Ch an nel) $2 8,333 $474 ,2 62 $28,333 Section 2. The City Manager and Director of Finance are hereby authorized to make the above changes to the 1984 budget of the City of Englewood. ADOPTED AND APPROVED this -------------- Eugene [. Otis, Mayor Attest : ex officio City Clerk-Treasurer I • • ( ( • • • .. I Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the for~o~g is a true, accurate and complete copy of Resolution No. , Series of 1984. I . • ( • • • • ( C 0 U N C I L C 0 M M U N I C A T I D N DATE July 12, 1984 AGENDA ITEH SUBJECT ~~'frat-..~~ ... ~tatlf DtJt·~.:.wf 1tttt-,.. INITIATED BY Englewood Water and Sewer Board ACTION PROPOSED __ ~C~i~ty~C~o=u~nc~i~l~p=a~ss~a~n~o~r~d~i~n=an~c~e~f~o~r~t~h~e~F~ir~s~t~Su~p~p~l~em~e~n~t~a~l __ __ Contract with the State Department of Highways. BACKGROUND The City of Englewood, the City of Littleton and the State Highway Department agreed in the contract dated January 9, 1984 to share the costs of relocating the City Ditch in a 54"/60 " system on the basis of the following formula: 43 r of the cost to be borne by the City of Englewood 57 ~ of the cost to be borne by the State Highway Department Englewood's share of the project cost is basically the oversizing cost associated with installation of the 54"/60" system as opposed to installation cost of a 36 " system. Future plans for use of the City Ditch would require the 54"/60" system and it is therefore cost effective and prudent for Englewood to share in the cost of the larger system. Preliminary estimates indicated Englewood's share of the oroject costs would amount to $437,919. Incurred costs for the work have increased and are now estimated at $494,016. The State Department of Highways Supplemental Contract amends the contract with respect to the estimated cost and escrow contract. The basic contract will remain in full force and effect with respect to contractual relationship. Final estimates by the State Highway Department now show Englewood's share to be $494,016, a difference of $56,097. Most of the work on the ditch has been completed with the State paying all expenses to date. The State produced copies of receipts which document expenditures to date and has received reimbursement of most of the original contract amount of $437,919. • I . • ( ( ( • • • .. FINANCIAL The current estimate of Englewood's share of the project is $494,016. The working capital figure of the 1984 budget will be revised downward to reflect this cost as part of the budget process and will be included in the 1985 budget. RECOMMENDATION The Water and Sewer Board, at their July 10, 1984 meeting, recommended that the Englewood City Council approve the First Supplemental Contract with the State Department of Highways and the City of Englewood, as part of the Littleton Railroad Depression Project. ' In addition, it is recommended that the 1984 budget be revised to increase the budgeted amount for the total project cost to a figure of $494,016. I • • - ( • ousv CC 10-0075-U ITA '1'1/IIIGI.EWOOD CITY DITCH •' • • - CONTiiiACT THll FlliiiT IUPPI.&MENTAI. CONTRACT, aade thie -----------day oC ------------------------· u __ , by and between the suu oC Coloudo Cor the uee IDd beDeCit of THE STATE DE~AiiiTMENT OF HIGHWAYS, DIVISION OF HlGIUIAYI, beuln.Cur ucecred to u the &tne·, and the CITY OP ENCL.EWOOD, llTATK OP COI.OQADO, herclnaCtor reConed to u tho contractor or l.ocal Agency, WH&IIAI, aut•orlty exlete ln the l.aw and FuDde have baeD budgeted, appropriated eQd otbervlee aade available and a euCtlclent UQencuabered balaace tberaor reaaine available Cor payaeQt lD FUDd Nuaber 30~1. G/L Account Nuaber 530''· contract r:ncuabraDae Nuaber IOlU: and WHIIIAI, r14ulr1d approval, clearaDce and coordlnatloa bll biiD accoapllebed troa aDd vltb appropriate ageaclee; lAd WHIIIAI, Chi ICICI lAd Local Agenay lAterad lato I OOAtraat dated ·Jaauary 1, 111• ••relnatcer referred co •• tba beelo aoatraac lAd aade I part hiCIOf by ClfiCIDCI; and WHai&AI, tbl bella coDtract etlpulated peraeacat•• fer fuA4lag of thl work to be belld upon ror the Incurred coete: and WKIIIAI, the incurred coat• tor tbe work have lncreaeed 11 outlined harela: aad WHIIIAI, Chi fiCtlll biCitO dlllCI CO ..... thll OlltCIIt Wltb reepact to tha ••tl .. tad coat, raaponaibllitiea aA4 ••crow coacract; ... NKIIIAS , tbe eecrov contract 1• attached hereto 11 lxhlblC A; aDd WK&IIAI, tbl pacCill hlrltO QOV dlllrl tO IXICUCI Chll eupple .. atal coatraat . MOM , TH&IIPQII, 1c ll hiCiby 19CIId : A. Tbe billa aeatract, uDleee apaclfically ....... ar ravlaed hereia ablll reaaln ln full Coree aad effect with reapeot to tbe coatraotual relatlonehlp betveea tbe partial hereto • • I • • • • • • II . ltea 1. of the b<~aic contract &hHl loa aaon<lu<l .. u toll ow~: 1. In IUbpart A. delete the figure "*l,000.40i• •n<~ IUbltltute therefore "$1,1~1.~61". ~. In IUbpart B. dllete the tlgure ·•~70,311• and eub1tltute therefor "$641,200•. 1. In IUbpart c. delet• the flguca "*410,176• and IUbltitute therefor "$405.~81". 4, In eubpart D. delete the figure •a7,741" and IUbltitute therefor "*1,71~·. 5. In IUbpart 1. delate the figure "lt17,tlt• and IUbltltuta therefor ••tit,Ol6•. C. Itea :I.A. UIPONIIBILITI!I 01' Till I.()CM. AGIIICY 111111 be aaan4e4 11 follow•: (1) Tile firat paraerapll 111111 be 14entlfle4 11 aubparaeraph •1•. and aaandad by placlne a period after till word •contract.• and del•t•'tlla reaalnlng pllraee •aft•r eoceptanc• of tile fac111t1a• rroa tile ltate•. (3) Add I nev p1r1grapll •a•. •a.(a) The Local AQencr will eatabliela •• ••crow IOCOUAt ia ICcordanc. Vitia &&blbit A lttiC~ llereto lAd ... , 1 part laeraor, ia ravor af tlaa ltata. ia tile blak · or C.l•n•• ru •• lnltlal aaount of •so ,ooo al4 agree• te r•1•••• payaeata ia CUll to tile ltate Cor t'-work ia , .. uata 11 dltlraiaed ln ICCOrd<IDCI Vitia paragrapla J Of tbl Q&M&&AL PROVISION&. The $50,000 aaount will be IICCOWid witbia Cive working d•Y• aft•r thia aupple .. otal coatract hil been IIIICUtld. (1) The Local Agency ahall upgrade tile ••crow acceuat aa Cuada are withdrawn aa atated in paraerapll 4 of tile G&M&IAL PBOVI&lONI. -a- I • • • • • • Ul illTNt:SS iltiEit:Of', tho partie& hereto 1\ava u:acutad lhis contract tbe dar and year f1ret above written. ATTIIT: APPROVED: ltate Controller ly _______ _ ATTIIT: STAT£ OF COLORADO DICt~DD D. LAMM, GOVERNOR DUANt: WOODAUO Attorney General I)' ::7.:=-===::-------LYNN ODt:DNYKD Piret Aeeietant Attorney General Natural Raaourcee &action CITY 01' BIIQLaWOOD ly ----------- Title --------------------- _,_ • I . • • ,. • 0074V EXHIBIT A JSCRQW AGREEMENT AGREEMENT, aade thle ___ day of -------------• lt ____ , between the &tate of Colorado, for the use and benefit of The &tate Departaent of Highways, Divislon of Highways, hereinafter referred to as the &tate and CITY OF ENGLEWOOD, &TATE OF COLOB~DO. hereinafter referred to as the Local Agency or Clty. WHEREAC. the State and the Local Agency have entered into a certain contract in wrlting whereby the &tate agrees to perfora . certain work conslatlnv of enclosing the City Ditch for a project ldentlfied as cc 10-0075-16, and the Local Agency agree• to rei~buree the £tate there!or the estimated sum oC '5465,273, a copy o! which contract i& attached hereto and aade a part of the Escrow Agreement: • lOd WHEREAS, the Local Agency has agreed to deposit the su~ of aso.ooo in escrow and to upgrade the escrow as funds are depleted to guarantee payment under the aaid project contract aa outlined herein, below. NOW, THEBEP'OBE. it ia ber .. by agreed that: 1. ~he Local Agency ahall depoait witb __________________________ __ aa Depoeltory, the aua of tso.ooo wlthln s worklnv after the eupplemental contract ia fully executed for the work deecrlbed thereln. ~he above aaount la to be held ln eecrow by the aalc1 Depository and c1laposed of as herein provided . • I . • • • • (a) This account &hall be updated with an aoreed upon amount for construction within 10 working ~aye prior to advertiaeaent of the project for construction. 2. The Depoaltory ahall ~epoeit a11 aaid amount in an intereat bearing account and ahall co~lect all intereat and aake auch interest payable to the Local Agency. l. Any expenaea incurred by the Depository ln connection with the hol~iDg of aaid aoniea ln eacrow ahall not be charged to &tate but •hall be pald by the Local Agency. 4. The Depository i& hereby directed to hold. deal with and ~iGpo&c oC the aCoresaid deposit an~ a"y oth~r (un~G at a"y time held by the Depository hereunder in the following aanner &uLject. however. to the term& and condition& hereinafter set forth. s. ~ith reapect to each withdrawal of funds by the &tate. the &tate ahall deliver to Depoaitory a certificate from the &tate. over the aignature of the Executive Director or hi• deaignee (deaignated in a writing aatiafactory to Depoaitory and Local Agency). aetting forth in rea~onable ~etail. conaiatent witb the State•• Doraal accounting procedure&. the coat• end expen••• for which payaent ia •ought. and further certlfylng tbat (a) all auaa being cequeated for ~iaburaeaeat are properly due and owing to pay proportional coata incurred in connection wlth the project aa provi~ed ln the contract and (b) coplea of document• noraally kept by the &tate in accordance with lta atandard procedure&. whlch -2- • I • • • • • • ident 1fy project costs incurred througt• the date of the laet payment trom thia eacrow and which evidence payments made to the date of eaid laat pay~ent to contractors and othere. have been furnished or made available to the Local Agency. Upon compliance with the foregoing and provided auch diaburaeaent complies with all other proviaiona of theae eacrow inatructiona. Depoaitory ahall proaptly diaburae auch fun4a aa directed ln writing by the Executive Director. Certification ahall be ln the fora of e copy of the coet ledger for the project dated and approved by the State or as otherviae provided Cor herein. 6. Except aa othervlae provided, a final diaburaeaent of the escrow funds ahall be aade upon aubmiaslon of a written request therefor by the &tate. Jf, after such final disbursement. or upon any other termination or this escrow. any funds remain deposited herein. they ahall be lmmedi~tely paid to the Local Agency. 7. Depository ahall not be reaponalble for verifying the accuracy of statement• aubaitted by the &tate and aaid Depoaltory agreea to honor all raqueata ·for withdrawal of funda which are aa4a ln coapllance vlth theae eacrov lnatructlona cegardleaa of any objection by the Local Ag~ncy. -3- • I • • - • • f • • • • e. Notices required (or whlch any party ~ay ~eslre to atve) hereunder eha11 be tn vrltlng and aha11 be glven by certlfled or reglaterea aall. poatage prepaid. return receipt requeated. aaareaaed •• follow•: If to Local Agency: U to &tate: If to Depoaltory: Cl ty of F.n.,.l~w..,u•l ~tate Depart~ent oC Hiahway& 4201 E. Arkansas Avenue Denver. co 80222 Attn: Chief Engineer or to eucb other peraona or addr••••• •• aay be dealvnated by notice. Any notice vtven a• aforeaata ahall be affective three (l) daya After depoalt of aame ln the u .&. aall& • -4 - ., • I • • ( , • • • • 9. Depository's duties and responsibilities shall be limited to those expreeely aet forth 1n theae eacrow 1natruct1ona, and Depository ehall not be aub)ect to, nor obllvated ~o cecovniae, any other avreement between, or direction or instruction of either or both of the partie• hereto even thouvh reference thereto aay be aade herein: provided, however, that tbeee eacrow instruction• aay be aaended at any tlae or tlaee by an lnatruaent ln vrltlnv e1vne4 by all the then partlee ln lntereat and accepted ln wrltlng by the Depository. 10. For the purposes hereof and a& uaed herein. •Local Avency" ahall aean Clty of Envlewood, Colorado, or any aucceasor or assivnee of any o! it& interest• under the contract . ~othing herein ahall be conatrued to peralt the Local Avency to withdraw any funds from the eacrow account aolely by reason of a transfer of lta lnteresta upder the contract. 11. All document•. letters, notices and certiCications to be algned by tbe Local Agency hereunder ahall be elvned by an oCflcer on behalf of the Local Agency .. -6- • I • • - • • I • • • • -----------------· 11 __ __ STATE OF COLORADO RICHARD D. LAMH. GOVERNOR By Executive Dlcectoc DEPARTMENT OF HIOHWAYS By Tltle ACCEPTANCE BY QEPOS I TOBY Tbe undec•lgne4 Depo•ltocy beceby ave••• to bold. deal wltb and dl•po•• of all pcopecty at any tlae beld by lt hereunder ln accocdance vltb tbe foregoing ••ccow lnatructlons. By --------------------------- Depo•ltocy Dated ---------------· 1114 _,_ • I • • ·~ • • - C 0 U N C I L C 0 M M U N I C A T I 0 N DATE September 15, 198 AGENDA I TEH SUBJECT o{.ontner 1:C'"1.0-oD75•16 ~'-Uiftllllewood ··: t1tr ~.Dt""h L INITIATED BY Englewood Water and Sewer Board ACTION PROPOSED Approve the contract between the State Highway Department and the City of Englewood for enclosure of the Cjty Ditch and revise the budget to increase th~> buda~>ted amount from ~215.000 for 1984 to $337.919 . BACKGR OUND Negotiations and des i gn of the Li t tleton Ra i lroad Depress i on Pr oj ect have been under way for several years . Dur i ng negot i ations, Englewood, Littleton and the State Highway Department agreed that the costs of relocating the City Ditch in a 54 "/60 " system should be shared on the bas i s of the following formula : 43 % of the cost to be borne by the City of Englewood. 57 % of the cost to be borne by the State Highway Department . Thi s proposal was previously acceptable to the Water and Sewer Board . Prel imi na r y e s t i mates indicated Englewood's share of the pro j ect costs would amount t o $315,000 . Final estimates by the State Hi ghway Depart men t, howeve r , now s how Englewood's share to be $437,919, a difference of $122,919 . Eng lewood 's share of the cost is bas ical l y the oversizi ng cos t assoc i at ed with ins t allati on of t he 54"/60" sy stem as opp osed t o in s tal l ation cost of a 36" system which is somewha t repres e nta ti ve of the current carrying capacity of the City Ditch. Future plans for use of the City Ditch, however, would requ i re the 54 "/60 " sy s tem and it is therefore cost effective and prudent for Englewood to share i n the cost of the larger sys t em. It is anticipated that within 5 to 20 years, the City would have constructed the larger system on its own, and participation by Littleton and the State as pa rt of the railroad depression pr oject results in 1 l ar ge f utu re cost sa vi ngs fo r t he Ci ty . Constructi on of a pi ped system in this part of Littleton will eliminate a great deal of ma i nten an ce on City Ditch as well as remove an existing potent i al for flooding wi th in the City of Littleton . • • I • • - , ( • • • • One additional project will be proposed in 1984 in conjunction with the ra i lroad depression project. It is the piping of the City Ditch through Sterne Park where the most severe flooding occurs. Negotiations will proceed between the City of Englewood, the City of Littleton and the Urban Drainage and Flood Control District to fund the project. It now appears that Urban Drainage and Flood Control will bear 50% of the cost and that the City of Englewood and the City of Littleton will share the remaining 50% of the cost equally. Englewood's share should be in the range of $20,000 -$25,000. These funds have not been budgeted and will be in addition to the project referred to above. FINANCIAL $100,000 was budgeted for this project in 1983 and $215,000 was budgeted for this project in 1984. At this expenditure level, a working capital figure of $484,108 is projected in the 1g54 budget for December 31, 1~4 .• ~f that -1LI -,q the current estimation of Englewood's share of the project is 84 t -,30r tf appears the working capital figure will be revised downward to $361,18g . A budget revision increasing the authorized project amount and 1984 budget expenditures by $122,919 is therefore necessary . An additional budget revision will be required when the piping in the Sterne Park area has been negotiated. RECOMMENDATION The Water and Sewer Board, at their September 17, 1983 meeting, recommended that the Englewood City Council approve the contract between the State Highway Department and the City of Englewood for enclosure of the City Ditch as part of the Littleton Railroad Depression Project, subject to the final approval by the Englewood City Attorney. In addition, it is recommended that the 1984 budget be revised to increase the budgeted amount from $215,000 for 1984 to $~-resulting in a total project cost for the City of Englewood of $~/>'f 3 7/ 11?. I . - ' ( • 0041V cc 10-0075-16 STATE/ENGLEWOOD CITY DITCH CONTRACT • • • THIS CONTRACT, 111ade th1s day of , 19 __ , by and bet.een the State of Colorado for the use and benefit of THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, hereinafter referred to as the State, and the CITY OF ENGLEWOOD, hereinafter referred to as the Local Agency. WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise .ade available and a sufficient unenc~ered balance thereof re.a i ns ava i lable for payment i n Fund Number 2001, G/L Account NUIIber 52046, Contract Encombrance Number __ ci2.!:::oJ.../.r.W._.;L.:_ __ ; and WHEREAS, required approved clearance and coordination has been accomplished fro. and with appropriate agencies; and WHEREAS, the State antic i pates 1 construction project IXMU 0075 (14 ) within the Littleton Railroad Depress i on to enclose the City Di t ch wh ic h Is the Local Agency's water supply and WHEREAS, the Local Agency has agreed to pay a portion of the cos t of t he encl osed pipe sys t eR equ al to 43 .00 per cent of the pro j ect cost, wh ich include s engin eeri ng, construction and continge ncy costs t o •11 ow cons t ruc t ion of future capacity; and WHEREAS, the State and Local Agency consider 1t to be tn their mutual interest to cooperate in the design and construction of enclosing the Ctty Ditch; and WHEREAS, the fund i ng f or the wor k is ba s ed on 571 fund s to be furnished from Fed eral and Sta te fu nd ing and 431 fu nd s to be fur nished fron t the Local Agency f und ing; and ltCREAS, the State Highway Con1nission on -------- 19 __ have approval for the Sta t e to enter into a contract with the Lo cal Agency; and I • • , ( • • • - WHEREAS, this contract is executed by the State under authority of Sections. ________________________________________________ __ and by the Loca 1 Agency under the authroity of its approved Ordinance . NOW, THEREFORE, it is hereby agreed that: 1. The estimated cost of the work was nrived at as follows: A. Estim&ted Construction Cost ($869,921.00 x 1.15) $1,000,409 B. Local Agency Share 43.0% (CC-0075-16) $430,176 C. 8% Adminhtration Fee ~ TOTAL $437,919 D. State Share -IXM 0075 (14) $57 0,233 The costs for all additional work shall include 15% of incurred construct ion costs for engineering and contingencies and shall be shared by Local Agency (43S) and State (57%). Z. The State will provide liaison with the Local Agency or its representative through the State's District Engineer, District VI, located at 2000 South Holly Street, Denver, CO 80222 . Said District Engineer will also be responsible for coordinating the State's activities under this contract . A. RESPONSIBILITIES OF THE LOCAL AGENCY The local Agency shall be responsible for 1111intenance of facilities constructed in its jurisdiction pursuant to this upon acceptance of the flcflities from the State. RESPONSIBILITIES OF THE STATE 1. The State wfll provide the following itt!lls of work: •· All surveys. b. All design work from conceptual stage through final design, based upon alignment, grade, pipe size, and technica l specific&tions u provided by loctl Agency . 2 . The State wfll provide final assembly of construct i on plans, specific&tions, &nd contract documents, advertise the Call for Bids, open the bid propos a 1s and award the construction contract to the lowest responsible and qualified bidder. 3 . The State will have full jurisdiction and control over its construct i on contractor in the perfonnance of all work shown on said plans and spec1ficltions. 4 . The Stlte wfll be responsible for the supervision of the work, which shall include, but not be limited to, field and office engineering, inspection and 111ate r i als t c~ting, an cl tt'Jff~t · """'"! within the project area. • I • • • , ( • • • - GENERAL PROVISIONS I. All work and materials to be used in construction shall be in accordance with the plans and specifications for the project which are approved by the Local Agency in writing and which are made a part hereof by reference, the same as if attached hereto. 2. Throughout the construction of the work, the Local Agency will provide an inspector to insure that the interests of the Local Agency with regard to said work are being fulfilled. The Local Agency's inspector shall report only the State's inspector and shall not be involved with the State's construction contractor. 3. Reimburseaent to the State by the Local Agency shall be based upon the actual constructed quantities and costs as determined by the State, wh ich are approved by the Local Agency in writing . The State may make monthly billings to the Local Agency for work completed and accepted by the Local Agency, but a 111inimum amount of $10,000 (excepting the final payment) will be required to authorize payment from the Loca 1 Agency to the State . All payments shall be made within 30 days of stat-nt or written notice of disapproval will be made by the Local Agency . No approval shall be withheld unreuonably . 4. After all the work has been completed and final quantities have been determined, the State will bill the Loca 1 Agency for 1 ts share of the final costs. The Local Agency will remit to the State within 30 days the uount as billed. 5. Inter!• funds, until the State Is reimbursed, shall be payable from State Higllllay Suppl~~~~entary Fund (2001). The esti~~ated uximum costs under this contract for the work shall not exceed $381,204 for the non-partic ipating work without benefit of a suppl-ntal contract. 6. The tena of this contract shall continue through the COIIIj)letion and final acceptance of the work by the State and receipt of final payment from the Local Agency . 7. This contract sha 11 1 nure to the be neff t of and be b1 ndi ng upon the parties, their successors, and assigns. 8. The facilities constructed pursuant to this contract, including easement, right-of-way and licenses shall be the property of the Local Agency . 9 . Any 11 cens e or penn It required by any ut 11 i ty COIIIj)any to cross the enclosed ditch shall be handled between the involved utility company and the local Agen cy, but the State wi ll ensure that no contractor or utility will cross the ditch without signing the license agreement of the local Agency . The State will incl ud e this requirement 111 1h construction contract with all Ut ilities and Agenc ies wh ich mu>L cross the ditch with facilities . • I • • - (t • • • • 10. No relocation of the Local Agency's "City Ditch " shall occur w1thout the written authorization of the Local Agency. All requests for relocation s~ll include a written legal description of the location to which the "City Ditch " is to be relocated, a c0111111tment for title insurance in the amount of $10D,OOO, evidence of fee simple ownership and ability to transfer fee simple ownership in the Local Agency and delivery of a warranty deed to the Local Agency of the aforedescribed relocated City Ditch. State 111o1y ensure that this requirement is met through its contracts with other agencies if such contracts are approved by the City of Englewood in writing, 11. An ordinance or resolution duly adopted by the Local Agency's council s~ll be lttlched hereto as Exhibit B. IN WITNESS IIIEREOF, the parties hereto have executed this contract the d«y and year first above written . STATE OF COLORADO RICHAIID D. LAlli, GOVERNOR ATTEST: chief c1erli ·Y·.-~~~~~~---------Executlve Of rector DEPARTMENT OF HIGHWAYS APPfiOVED: DUAIIE WOODARD At tol'!ll¥ lilntral Stete COntroller By 'rcurilmr~di~E~RN .. ft"Rr-------------- lst Ass fs tent Attorney General ATTEST : CITY OF ENGLEWOOD By __________________________ __ By, ______________________ _ Tf tle. ____________ ___ Tf tle. ___________________ _ I • • - (t • • • • LICENSE AGRE EMENT THIS AGREEMENT, made and entered into as of the day of , 198 , by and between the CITY OF ENGLEWOOD, a _m_u_n_l. ... , c_,.i_p_a-.1...--c-o-rporatTOn of Colorado, hereinafter referred to as "City" and the CITY OF LITTLEtON, a municipal corporation of the State of Colorado, hereinafter referred to as "Licensee", WITNESSETH: The City without any warranty of its title or interest whatsoever~ hereby authorizes Licensee, its successor, assigns, to install a sanitary sewer and the Little's Creek Trickle Channel across the City's rights-of-way for the City Ditch , · A parcel of land situated in the Southwest 1/4 of Section 16, Township 5 South, Range 68 West of the 6th P.t-1., County of Arapahoe, State of Colorado and lying 1.-ithin the following d e scribed lines: Be g inn i n g at a poi nt from whence the southwe st corner o f s ai d Section 16 be a rs S 43°55'47" W, a distance of 647.6 3 feet, said point being on the westerly right-of-wa y line for t h e Ci t y Di tch and 10 feet opposite a 12 inch sanitary sewer owned by the Ci ty of Littleton; 1. Thence N 74°36'53" E, a distance of 29.19 fe et , to a point on the easterly right-of-way line for the City D i tc h~ 2. Thence N 15°40'45" E along said easterl y righ t -of-way line a distance of 35.02 feet, to a point 25 feet oppo s ite and 12 inch sanitary sewer; 3. Thence S 74° 36'5 3 " W, a distance of 29.1 9 fe et , to a point on the we sterly ·right-o f -wa y line for the City Di t ch ; 4 . The nce S 1 5 °40'45 " W a l o ng s ai d wes te r l y r i g ht-of -way line, a distance of 35.02 feet , more o r l ess , to the point of beginning. The above described parcel contains 0. 0 ~0 acres, more or less. 1. Any construction conlenplated or performed unr.er this License shall comply with ~nd conform to sta n darrls form u lated by the Director of Utilities of th~ City and such construction shall be perforrN•d and completed according to the plan and within the tolerances given on the City's drawinq , nr. , No. , consisting Of One Sheet 1 a Copy Of "''hich iS attached heretO Line made a pa r t hereof. • I • • - • L i cen sP Aqreement I'agC' 2 • • • :i. The Licensee shAll notify the City's Director of Util- ities at least three the construction of, sewer so that the operations. (3) days prior to the time of commencement of or any repairs made to, Licensee's 18" storm City may, in its discretion, inspect such 3. Within thirty (30) days from the date of the commencement of construction of said 12 inch sanitary ~ewer and Little's Creek Trickle Channel the Licensee shall co:nplete such construction, place and maintain permanent, visible markers, of a type and at such locations as designated by the City's Director of Utilities, referring to the centerline of the installation and shall clear the crossing area of all construction debris and restore the area to its previous condition as near as may be reasonable. In the event the placing of the centerline markers and the clearing and restoration of the crossing are~ is not completed within the time specified, the City may complete the work at the sole expense of the Licensee. 4. The City shall have the right to maintain, install, repair, remove or relocate the City Ditch or any other of its facilities or installations within the City's rights-of-\·l ay, at any time and in such manner as the City deems necessary or conve- n ient. The City reserves the exclusive right to con trol all easements and installations. In the event the 12 inch sanitary sewer and Little's Creek Trickle Channel should interfere with anv future use of the City'~ rights-of-wa v by the City , the Licensee shall, upon request and at its sole expense, relocate, rearrange, or remove its installations so as not to inte r f ere with any such use. 5. Any repair or replacement of any City inst a lla tion made necessary, in the opinion of the City's Director of u t .:.lities becau s e of the construction of the 12 inc h s anita ry s ewer , Lit- tle's Cree k Tr ickle Channel, and other a ppurt enant installations t h ereo f, sha l l b e made at t h e s o le expense of the Licensee. 6. The stipulation a nd c onditions of this Licens e shall be incorporated into contract specifications if the c o nstruction herein authorized is t o b e done on a c ontract basis. 7. The rights and privileges granted in this License shal l be subject to prior ngreemen t s , license~ and/or grants, record e d or unrecorded , a n d it s h all be th e Li censee's sole rPsponsibility to dete r mine the e x istence o f ~Aid d ocuments or conflirt i ng uses or installations. B. ThP City's ditch interference Licensee foremiin with an :• shall contact nnd fully cooperate with the And the crossing shiill be ~Rdc without l11 wful, us u al or o rdinnry flow of water • I • • • • L1cense Agreement Page 3 • • • through the City Ditch. Licensee shall assume all ris~s incid e nt to the possible presence of such waters, or of storm waters, or of surf~ce waters in the City Ditch. 9. All trenches within the City's rights-of-way shall be backfilled and tamped to the original ground line in layers not to exceed six (6) inches loose measure to a compaction of ninety per cent (90%) Standard Proctor Maximum Density. 10. Licensee, by acceptance of this license, expressly assumes full and strict liability for any and all damages of every nature to persons or property caused by water from the ditch leaking through, or breaking through the ditch banks or pipeline at the point or points where the Licensee performs any work in connection with the crossing provided by this license. The Licensee assumes responsibility for maintenance of the installa- tion for a period of one year, whereupon all interest, liability and control is conveyed to the City. 11. Licensee shall indemnify and save harmless the City, its officers and employees, against any and all claims, damages, actions or causes of action and expenses to which it or they may be subjected by reason of said 12 inch sanitary sewer and Little's Creek Trickle Channel being within and across the premises of the City or by reason of any work done or omission made by Licensee, its agents or employees, in connE>ction with the construction, replacement, maintenance or repair of said installation. 12. It is expressly agreed that in case of Licensee's breach of any of the within promises, the City m~y, at its option, have specific performance thereof, or sue for damages resulting from such breach. 13. Upon abandonment of any right or privilege herein granted, the right of Licensee to that extent shall terminate, but its obligation to indemnify and save harmless the City, its officers and employees, shall not terminate in any event. In granting the above authorization, the City reserves the ri g ht to make full use of the property involved as may b E' neces- sary or convenient in the operation of the water work s plant and system under the control of the City. • I • • t • License Agreement Pa ge 4 • • • IN WITNESS WHEREOF, this instrument has been executed as of the day and year first above written. APPROVED: Stewart Fonda Director of Utilities APPROVED AS TO FORM: ~~;{~ CA7/27 CITY OF ENGLEWOOD, acting through and by its l'later and Sewer Board By: ~c~h~a~i~r~m~a~n~~~~--------~--- CITY OF LITTLETON By: -;:P:-:-r~e~s~1.!'"' d:re-:-n-:-t---::o""'f,.....,C"""i""'t,-y-,C~o-:-u~n~c....,.i•f,.-- • I • • - ( t • (/) ~ n 0 A) z 111 A) (/) 111 n -i .... 0 z -en • • • lT1 w :: 111 • t.Dw . -'en Olfl N '.t> lT1 0 w :: .t> ~ Ul :: 111 :::. I - ( ' • • • • • AGREEMENT REGARDING LITTLE'S CREEK -LITTLETON AND ENGLEWOOD DITCH FLOW SEPARATION IMPROVEMENT (Agreement No. 84-09.05) THIS AGREEMENT, made this ------day of --------' 1984, by and between the URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT"), the CITY OF LITTLETON (hereinafter called "LITTLETON"), the CITY OF ENGLEWOOD (hereinafter called "ENGLEWOOD"); WITNESSETH: WHEREAS, DISTRICT, in a policy statement previously adopted (Resolution No. 14, Series of 1970) expressed an intent to assist public bodies which have heretofore enacted floodplain zoning measures; and WHEREAS, a drainage master plan entitled "Major Drainageway Planning, Lee Gulch-Little Creek, Phase B, Preliminary Design", by KKBNA, Consulting Engineers, dated September 1978 has been c011111leted in cooperation with LITTLETON AND ENGLEioiOOD, Arapahoe County, and DISTRICT; and WHEREAS, DISTRICT has adopted, subsequent to a public hearing, a Five-Year Capital Improvement Progra111 (Resolution No. 59, Series of 1983) which includes flood control improvements in LITTLETON on Little's Creek during 1984; and WHEREAS, LITTLETON intends to enter into an agreement with the Colorado State DepartMent of Highways for construction of box culvert on City Ditch to separate the flows of Little's Creek and City Ditch; and WHEREAS, Colorado State Department of Highways has prepared plans for the box culvert for City Ditch crossing of Little's Creek, said plans being included in the Railroad Depression Project; and WHEREAS, improvellll!nts of Little's Creek from Santa Fe Railroad to South Platte River have been constructed; and WHEREAS, total project costs for the City Ditch Box culvert to separate Ci ty Ditch and Little's Creek flows structure are esti111ated to be $85,000, which includes engineering, construction, and contingency; 1nd • I • • - • • • • • • WHEREAS, the local share of estimated project costs is $85,000 which is to be shared on a 1/3, 1/3, 1/3 basis by LITTLETON, ENGLEWOOD, and DISTRICT; and WHEREAS, the Board of Directors of the District (Resolution No. 41, Series of 1984), the LITTLETON City Council (Resolution No._, Series of 198_) and the ENGLEWOOD City Council have approved participation In the project by the DISTRICT, LITTLETON, and ENGLEWOOO; Nlll, THEREFORE, In consideration of the lllltual promises contained herein, the Parties agree as follows: 1. SCOPE OF THIS AGREEMENT This Agreea~ent defines the responsibilities and financial coRiltitments of LITTLETON, ENGLEWOOD, and DISTRICT with respect to the construction worlt required to construct a box culvert for City Ditch under Little's Creek fn Littleton. LITTLETON and the State Department of Highways have entered Into an agreement defining certain coanftments of LITTLETON and the State Departlnent of Highways. The agreement between LITTLETON, ENGLEWOOD, and DISTRICT entered Into herein fs contingent and dependent upon the agreement between LITTLETON and the State Department of Highways, which fs made 1 part hereof by reference as ff attached hereto. 2. SCOPE OF PROJECT The project will consist of construction needed to construct the box culvert carrying City Ditch flow under little's Creek In LITTLETON. The construction of the project to which this agreement pertains will be located between the railroad depression and Bellis Street in the general alignment of little's Creek. 3. PUBLIC NECESSITY LITTLETON, ENGLEWOOO, and DISTRICT agree that Improvements authorized pursuant to this agreement are necessary for the health, safety, comfort, convenience, and welfare of all the people of the State, and are of special benefit to the inhabitants of the DISTRICT, LITTLETON, ENGLEWOOD, and the property therein • 2 • I • • ( • • • • 4. PROJECT COSTS Costs to which this agreement pertain are limited to the following: a. Construction costs as incurred by the lowest qualified bidder(s); b. Construction field surveying, staking, inspection and supervision, and materials testing; c. Contingencies and other costs necessary to construct the project mutually agreeable to LITTLETON, ENGLEWOOD, and DISTRICT. d. Necessary licenses and pennits; It is understood that the project costs as defined above are estimated not to exceed $85 ,000. 5. PROJECT COST AND COST ALLOCATION LITTLETON, ENGLEWOOD, and DISTRICT will share equally in costs. The total project cost is estimated to not exceed $85,000. On this basis, the maximum cost to each Party of this agreement Is as follows: DISTRICT LITTLETON ENGLEWOOD 33-1/3% 33-1/3% 33-1/JS $28,333 28,334 28,333 The maxi-cost to LITTLETON, ENGLEWOOO, and DISTRICT as set forth above shall not be exceeded without written approval except for a s~ equal to interest earned on funds on deposit. Any such additional costs, if and as approved by LITTLETON, ENGLEWOOD, and DISTRICT, shall be shared on the same basis as the original shares. 6. DISPOSITION OF FUNDS The payments by DISTRICT, LITTLETON, and ENGLEWOOO to LITTLETON shall be held by LITTLETON in a interest bearing escrow account established pursuant to LITTLETON's escrow Agreement with the CDH to pay for increme nts of the project as billed by the Colorado Department of Highways. LITTLETON shall provide a periodic accounting of project funds n well as a periodic notification to ENGLEWOOD and DISTRICT of any unpaid obligations. 3 • I • • - ( ~ ' • • • • • Any Interest earned by the monies contributed by LITTLETON, ENGLEWOOD and DISTRICT sha 11 be accrued to the escrow account established by LITTLETON for thfs project and such interest shall be used only for thIs project. In the event that upon completion of the project, monies including Interest earned, shall remain which are not c011111ltted, obligated, or disbursed, each party shall receive a share of such monies, which shares shall be c011puted as were the origina.l shares. 7. FLDOOPLA IN REGULA Tl ONS LITTLETON agrees that floodplain regulations for Little's Creek through LITTLETON will remain in effect. 8. OWNERSHIP AND MAINTENANCE The parties agree that LITTLETON shall own the completed flood control facilities and the abandoned ENGLEWOOD's City Ditch open channel (which upon c011pletion of the piping of said ditch shall be conveyed by quit clal• deed to LITTLETON) and related structure at Bemis Street. ENGLEWOOO shall own and 1111intaln all water supply facilities within right-of-way dedicated to the City Ditch new alignment to include, but not be li111ited to the City Ditch box culvert and appurtenances 15 defined in Colorado Department of Highways Agreement No. CC. lD-0075-17. However, as provided, the DISTRICT shall have access to the right-of-way and improve~~~ents at all tl111es. The Parties further agree that the DISTRICT NY assist LITTLETON with the maintenance of facilities constructed or modified by virtue of this Agreement. Such maintenance assistance will be limited to the dra i nage and flood control features of the project. The specific nature and terms of the maintenance assistance shall be set forth in a letter of understanding between the DISTRICT and LITTLETON . Maintenance assistance may include activities such 15 keeping flow areu free and clear of debrl s and silt, cutting and controlling grass and weeds in the channel right-of-way, keeping culverts free of debrfs 4 I • • • • • and sediment, repairing drainage and flood control structures such as drop structures and energy dissipaters, repairing eroded sections of channel and right-of-way and clean-up measures after periods of heavy runoff . WHEREFORE, the Parties hereto have caused this instrument to be executed by property authorized signatories as of the date and year first hereinabove written. (SEAL) ATTEST: ~ ~+\%,.~ Au~) (SEAl) ATTEST: APPROVED AS TO FORM: elty Attorney Date ------------- (SEAL) ATTEST: APPROVED AS TO FORM: elty Attorney Date------------- THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT Title Executive Director Date 191!q/t1 CITY OF LITTLETOII, COLORADO By __________________ __ Title----------- Date----------- CITY OF ENGLEWOOD, COLORADO By __________________ ___ Title---------- Date ___________ _ 5 • I • • - • RESOLUTION NO. SERIES OF 1984 • • • 11 c ~ A RESOLUTION AUTHORIZING EXPENDITURE FROM THE "MALLEY CENTER TRUST FUND." WHEREAS, by Ordinance No. 28, Series of 1981, City Council created the Malley Center Trust Fund; and WHEREAS, said Ordinance provides that upon trustees' recommendation and Council approval, expenditures may be made from the fund; and WHEREAS, the expenditures are for the exclusive use and benefit of the Ellsie Malley Center Centennial Center; NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: 1. Authority is given to expend $4,489 from funds of the Malley Center Trust Fund to pay for construction of a shower at the Malley Center for staff members. ADOPTED AND APPROVED this of --------------------------' 1984. Mayor ATTEST: ex officio C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the foregoing is a true, accurate and complete copy of Resolution No. , Series of 198 4. Gary R. Higbee • I • ( • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE October 9, 1984 AGENDA ITEM ~ SUBJECT Request for approval of expenditures fran the Malley Center Trust Fund. 1 N 1 T 1 ATED BY Malley Center Trust Fund Board of Trustees, Harold Rust, Olainnan ACTION PROPOSED Approval of Trust FyOO upnies for construction of a staff sbower at Malley Center. Introduction The growth of lllf!IDer demand for fitness and athletic programs at Malley Center has necessitated staff lllf!IDers teaching up to 5 fitness classes per day as well as handling other duties and activities. This degree of physical work necessitates a shower facility for staff. Background The Malley Center Trust Fund Board of Trustees discussed this issue at a Trust Fund meeting on Septarber 20, 1984. The l.lrl8l1i.nnJs feeling of the Ccmnittee was that it was an appropriate expenditure utiliz~ Trust Fund twnies. The following l!Dtion was made: Motion: To recarmend to City Council that Trust Fund twnies be used for construction of a staff shower at Malley Center. The a!OOUI1t is not to exceed $4500.00. Moved by Perkie Allen, seconded by Evelyn Boan, carried unani.mJusly. Recoomendation That the City Cooncil approve the expenditures of $4489.00 of Trust Fund monies for construction of a staff shower at Malley Center. Financial Firm quotes have been received fran B. J. Howard Plum~ and Jim Brown. Please see the attached sheet for detail. • I • . -• • • Pluming-including: drain and water hookups for shower and sink, shower base, 36" shower stall Pluming: B. J. Howard Pluming for materials and installation of: -Drain and water hoc.kups for si.ri< and shower -Shower base and 36" polypropolene shower \mit -20" x 17" China basin including faucets Roan Construction: Jim Brawn Sub total: $8 29.00 all materials and labor for rocm including: -Walls and ceiling -Electrical wrk: 2 outlets, 2 lights, 1 switch -Vanity-enclosed with drawers and storage -Shower door -Floor cavering (indoor/outdoor carpeting) -4' Redwood bench -Exhaust fan 1 1 -Painting -Door with privacy lock Sub total : $3660 . 00 Grand Total : $4489 . 00 I I • • I • • -- • C 0 U N C I L DATE July 30, 1984 • • • C 0 M M U N I C A T I 0 N AGENDA ITEM lltl SUBJECT Adoption of, and proposed amendments to, the National Electrical Code, 1984 Edition INITIATED BY Division of Building & Safety, Department of Colllllunity Development I ACTION PROPOSED Adopt the 1984 National Electrical Code, and Amendments, following a public hearing. INTRODUCTION : As of July 1, 1984 the Colorado State Electrical Board officially adopted the 1984 National Electrical Code as the State minimum standard for the installation of wiring apparatus and equipment for electric light, heat and power. In accordance with Article 23 of Title 12 of the Colorado Revised Statutes 1973, every City and County in the State must enforce regu- lations no less stringent than that of the State. In order to comply with the State's ~mandate in this matter the City must enforce the same standard which has been adopted by the State. The State statute allows governmental entities to establish regulations more stringent than that of the State in this matter, therefore this department is recommending the following aMendments to the body of the 1984 National Electrical Code: 1) NEC Article 110-5: Add the following sentence at the end of the paragraph : "The installation of aluminium or copper-clad aluminum conductors smaller in size than AWG number eight (G) is prohibited." • Reason : Smaller sized aluminum conductors have been linked to a number of major fires due to their tendency to expand and contract, as well as oxidize, after install- ation. 2) NEC Article 333-4: Add the following sentence at the end of the last sentence: "A 11 type AC cab 1 e sha 11 be provided with a fu 11 sized grounding conductor." Reason : The internal bonding strip of type AC cable does not guarantee a sufficient ground connection due to its size and method of connection within an electrical system. 3) NEC Article 336-3: In the first sentence insert the word "and" between the words "dwellings" and "multifamily", delete the phrase "an d other structures", and delete the phrase "or structures" . I • • - • • • '. • Reason: To limit the usage of Romex w1r1ng in commercial and public buildings and thereby prevent unapproved and improper alterations to the electrical systems in these buildings. 4) NEC Articl e 336-3(c): in item (3) delete the phrase "except as provided in Article 518, Pl11ccs of Assembly ", in item (7) delete the word "or", in item (B) place a semicolon ";" after the word "aggregate" and add the word "or " after the semicolon, and add a new item (9) to read "in any commercial, industrial, retail or public building ." Reason: To limit the usage of Romex wiring in commercial and public buildings and thereby prevent unapproved and im proper alterati ons t o the electrical systems in these buildings. 5) IIEC Article 347-2: delete item (a) in its entirety . Anmend item (f) to read "Exposed . For exposed work, only on the exterior of buildings or structures , where not subject to physical damage if identified for such use." • Reason: To limit the usage of nonmetallic conduit in commercial and public building s and thereby prevent unapproved and improper alterations to the electrical systems in these buildings. as well as the possibility of toxic gases in fire situations. 6 ) NEC Article 347-3: add a new item (f) to read "in any commercial, industrial, retail or public building." Reason : To limit the usage of nonmetallic conduit in commercial and public buildings and thereby prevent unapproved and improper alterations to the electrical systems in these buildings, as well as the possibility of toxic gases in fire situations. 7 ) NEC Article 51 8-3 : delete Exception No. 1 in i ts entirety . Reason : To limit the usage of Romex wiring in commercial and public buildings and thereby prevent unapproved and improper alterations to the electrical systems in these buildings. REC OMMENDATION : It is recommended that City Council adopt the 1984 llational Electrical Cod e alon g with the rev i sions he r e i n listed. SUGGESTED ACTION: MOVED BY ______________ _ SECOND ________________ _ YES NO. _____ __,.ABSENT ___________ _ I • • • • • • SECTION 1. That Chapter 10, Title III, of the '69 E.M.C. is hereby repealed and reenacted to read as follows: 3-10-1 : SCOPE OF ELECTRICAL CODE The prov1s1ons of this Chapter, known as the Electrical Code, shall apply to the installation and maintenance of all electrical wiring, materials, fittings, devices, appliances, fixtures and apparatus within or on public and private buildings, structures and premises. (Ord.No.51, § 1, Series 1981) 3-10-2: NATIONAL ELECTRICAL CODE, 1984 EDITION, ADOPTED There is hereby adopted by reference thereto, the National Electrical Code, 1984 Edition, together with appendices contained therein, published by the National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269, with the same force and effect as if set forth herein, subject to the exceptions, modifications and amendments thereto as hereinafter set forth (Ord.No.51 § 1, Series 1981) 3-10-3: SPECIFIC MODIFICATIOtiS TO ADOPTED CODE (a) The following modifications are hereby made in the prov1s1ons of the National Electrical Code, 1984 edition, hereinabove adopted : (1) NEC Article 110-5 : Add the following sentence at the end of the paragraph: "The installation of aluminium or copper-clad aluminum conductors smaller in size than AWG number eight (8) is prohibited." (2) NEC Article 333-4: Add the following sentence at the end of the last sentence: "All type AC cable shall be provided with a full sized grounding conductor." (3) NEC Article 336-3: In the first sentence insert the word "and" between the words "dwellings" and "multifamily", delete the phrase "and other structures", and delete the phrase "or structures".· (4) tiEC Article 336-3(c): in item (3) delete the phrase "except as provided in Article 518, Places of Assembly", in item (7) delete the word "or", in item (8) place a semicolon";" after the word "aggr e gate " and add the word "or" after the semicolon,-and add a new item (9 ) to read "in any corrrnercial, industrial, retail or (5) public building." NEC Article 347-2: delete item (a) in its entirety. Ammend item (f) to read "Exposed. For exposed work, only on the exterior of buildings or structures, where not subject to physical damage if identified for such use." (6) NEC Article 347-3 : add a new item (f) to read "in any c011111ercial, industrial, retail or public building." I • • • • • • {7) NEC Article 518-3 : delete Exception No. 1 in its entirety. 3-10-4 : INSPECTIONS; HIDDEN WORK When any part of the wiring installation is to be hidden from view by the permanent placement of parts of the building, the person installing the wirin g shall notify the Electrical Inspector, and such parts of the wiring installation shall not be concealed until the same have been inspected and approved. On large installations where the concealment of parts of the wiring proceeds continuously, the person installing the wiring shall give the Inspection Di vi sion due notice, and the inspections shall be made periodically during the progress of the \~ork. The inspector shall have the power to remove, or require the removal of, any electrical wiring or equipment. {Ord.tlo.28, § 1, Series lg80) 3-10-5 : UNLAWFUL ACTS It shall be unlawful for any person to make any connection from a source of electrical energy or to supply electrical service to any electrical wiring , devices, appliances or equipment which has been disconnected or ordered to be discontinued until approval of the Electrical Inspector has been obtained, authorizing the reconnection and use of such wiring, devices, appliances or equipment. {Ord.No. 28, § 1, Series 1980) • I • • ( • • • - ARTI CLE 1 10-REQUIR EMENTS FOR ELECTRICAL INSTALLATIONS 70·19 ( i••·'C...uc:tora.l Conductors normall\ used to carry currenl •hall ~I 'or ~· ""'"" GtMr" ise provided in th.is Code . Where the c<>nductor maleroal is no l specified , the •izc. riven in this Code shall appl) to coprcr conductors . \\'here othu mater i al~ arc used , the size ihall be changed , ~sijn.£,1>:. -~ • a; ,... . .,._~'W'._., ........ ,.,. \r' · "fla-.J''· ... ~ ... , ~•·l'tl ~~·•c-' •: .,_ trP!")· For aluminum and corrcr -clitd aluminum conduclon. ICC' Tables 310-16 lhro urh JI0-19 1 1()-6 . Conductor S lre1 . Conductor size !. arc expressed 1n American W ire Gafe (A V. G) or in ctrcul ar mJI ;. 110.7 . lnaulalion lntegrllr . A ll ,.iring •hall ~ 50 installed that ,.hen c ompltltd the S)Siem "ill ~ free from short c i rcuit ~ and from 11rounds other than a; permiucd in Article 250. 1 10.8. Wiring Methods . Onl y ,.·ir inF methods rcco~n i zcd as ;uitable are in c luded on this Code The recornized m<thod ; of ,.ir inF shall~ permitt ed to be '""ailed tn an) type or bu ildonF or occupa nc ), uccpt as other,. isc pro \lded in this Code 110.11 . Interrupting Rating . Equipment intended to brca l current ao rauh lc"cls sha11 h ave an intrrruptin~ r aunp. sufficient for the !!)'Stem \'Oila~c and tht current v. hich is avail a ble at the line terminal ~ of the equipmen t. Equipment intended to brcal current at other than fault 1..-el> shall have an inoerruptin~ rat in~ at s yst em volta@< sufficient for the current that must be intcrrupocd . 110.10. Circuli Impedance end Other Characlerlalica. The O\'trCurrent p rot ecti\·e de\iCc!l . the total tmpcdance , the component short ·circuit "'''hstand ra tinrs. and other characteristics or the c:ircuit to ~ protected sh a ll bt s o selected and coord1n a ted a s to permit the circuit protective dC\I CCS used to clear a fault v.ith ou t thr occurrencc of cucnstv e d a m a ge to the electr ical components or the circuit Tho; fauh shall ~ assumed to ~ c:n hu ~t~A·ecn t~A o or more of the c ircu it conductors. or bct~Aec:n an) circuit conductor and the rroundont-conductor or cnclo;ing m<tal race,. a). 110.11 . Deterioralinv Agenta. Unless identified for usc in the operatinr en, ironment , no conductors or equipment shall~ located in damp or ,.·et locations: ,..here exposed to aases. fumes . vapors, hquids, or other •rents ha>·inr a deocriorat inJ! effect on the conductors or equipment : nor where expoicd to excessiv e tcmpc:raturcs ( FPS) Stt Section l00-6 for protr-C't ion &fa inst corros ion Control equipment, util iza t ion equ ipment, and bus,.ays approved for usc in dry locations only •hall ~ protected al!ainst permanent d amage from the ,.cather d uring build in@ construction 110.12. Mechanical laecutlon of Work. Elect ro c equipment •hall ~ installed in a neat and "orlr.manlike manner Unused openin i!S in boxes, race,.ays, aux1h ary autter5, cabinets, equ ip· ment case• or housinrs shall ~ effect iv e!) ciO!oed to afford protectoon oubstantiall) equivalent to the wall or the equipment 110-13. Mounting and Cooling ol Equipment. (a) Mounting . Electric equipment •hall ~ fir ml) •ecurcd to the surface on v. h1ch it '"mounted "oodcn rlufti. dr iven an to hole • tn ma•onr). concrete . rla.,.trr . or .. im1lar matcnal" ~hall not bC' u !.cd • I • • r ( • • • • ARTI CLE 333-ARMORED CABLE 70·203 331·10. Bend• -Number In One flun . A run of tubiog bet,.·ecn outl<t and outlet or outl<t and fitting shall not contain more than the equival<nt of four quarte r bend> (360 degrees, total) includtng those bend• located immed 1atel) at the outl<t or fitt ing. 331·11 . 5upporto. Electrical nonmetallic tubin£ shall be in-'alled as a compkte system as pro,·ided in Article 300 and shall be oecurely fastened in pl ace . Tubing shall be firmly fastened within 3 feel (914 mm) of each outle t bo>. Jun ction bo>, cabinet or littins . TubinG •hall be oecured at least ever) 3 feel (914 mm ) 331·12 . 8oaeo and Fllllngo. Boxes and fittings ohall comply with the apphcabl< pro,·isions of Article 370. 331·13. 5plieao and Tapo. Splices and taps ohall be made only in junellon bo•es. outl<l boxes or condu it bod1cs Sec Article 370 . 331-14. euahlngo . Wher< a tubin~ enters a box or other fitting . a bushing or ad apter shall be provided to protect the "'ire from abrasion unlcs' the desi£n of the box or fitting is such a s to provide equivalen t I prote_clion See Section 370-6(c) for the p rotec tion of conductors at II bushtng> C. Conatruellon 5pecllic alions I 331·15. General. Electrical nonmetal lic tubing shall be clearl y and I d urabl) marked at le ast every 10 feet (3.05 m ) as requ ired in the first , sentence of Section 110-21. The type of material shall also be included in I the marlinj;. ARTICLE 333 -ARMORED CABLI: Trpe AC Cable 333·1 . Dallnlllon . Type AC cable is a fabr icated assembl) of insulated conductors in a tluible metallic enclosure . Sec Section 333·•- 333·2 . Other Artlclea . Type AC cabl< ohall comply ,..ith this article and also .. ith the applicable provis1ons of other articles in this Code, especially Article 300 333·3. Marking . The provisions of Section 310-11 shall appl y, ucept that Type A C cable ohall have ready identification of the maker b) d istinctive euemal markers on the cable oheath throughout iu entire ohall be of a type Table 310-13 . In addition , tbe conductors ohall have an overall moisture- res,.tant and fire -retardant fibrous coverinl! For Type ACT, a moisture· • I • ( • • • - 70·206 N.O,TIONAL ELECTRICAL CODE (b) Trpe NMC . Th< overall covorin~ shall lx ftam<·retardant , moi>- tur~ ·rc sista nt . ( unJus-rcs lstant . and corrosi on -re~i nant (c) Marking . In addttion to th< pro,·isions or Sect ion 310-ll ,th< cable sh a11 ha\'C a d1 Sl1nct iv c mark.Jn@ on the eatcrior (or its ent ire lenath s ciJyinr the cab!< type M.,...._ • ..,.w·~ "~ .. , ~ ~\ , r • • ~.. -~-~ -. ..,...,fllalt . , .. ~~......_..,wet~-. )pe NM and Type NMC Clib t ; 'c"•ll be permitted to be 'Used In one· and t"~ramily d"elltn&s. mult ifamil) dwelltnf' and ot h<r structures provided that such d"·elhnfs or structures d o not e>cced three ftoo ,. above rrade For the purpose o this article . the first floo r or a build tn~ shall ... that ftoor whi c h i5 desirned ror human habitation and "·hich ba s SO percent o r more of its perimeter level ~'!.~h~~! a.~,,~ ~~ish~ ~~a.dc .~f th~ e :~cr i?r wall line . ,.. ....~ .. • (e) frpe""NM . ""his •iype "oi nonmctaflic-ihcathed ca'tle shall be permiued to be installed for both uposed and concealed work in normally dr) locations . It sh•ll be permis.iblc to install or fish Type NM cable in air void < in masonr) block or tile wall s "'here ouch •·ail s are not exposed or 'ubjcct to excessive mo isture or dampnes s Type NM cable shall not be instal led where uposed to corrosive rumos or vapors : n or shall it lx embedded in masonry, concrete , adobe , fill, or plaster, nor run in a shallo"'· cha se in ma so nr ), concrete, or ad obe and covered with plaster, adobe, or similar fin"h (b) Trpa NMC . Type NMC cable shall be perm illed for both exposed and concealed "ork in dry, moist , damp, or corrosiv e locations, and in outsi de and inside "ails of rnuonry block or tile .. ......... ......._..,..,..,.,.. .. ., Types NMand cables sh a ll not be u sed . (I) a s 1ervice-ent ra nce cable; (2) in commercial !!•rages, (3) in theaters and similar locations, except a< pro vided in Article SIB, Places of Assembl): (4) in motion picture studios : (S) in stora~e bancry room s, (6) in boist "ays: (7) in any hazardou s (cla ssifi ed ) location: or (8) embedded in poured cement , ooncrete , or a r~ ,~, xctption: Su s~c tion j0J-4(b). Exctption 336~. Other Arllclaa. In add ition to the proviSIOn S or this article, install a tions of nonmctall•c ·sheathed cable •hall comply with the other applica b le provi sions of th is Code, C5pecially Article 300 and Note 8 to Tables 310·16throurh 310-19 . 336-5 . Supporta. Nonmetallic-sheathed cable shall be secured by sta · pies . straps, or similar fitting> so destl!ned and installed as not to injure the cable Cable shall be secured in place at intervals not exceed ing 4'h feet (I 37 m ) and within ·12 inches (30S mm) from every cabinet, box, or filltnf . Exuption No 1: For conualtd work in fin is htd buildings. or finishtd panth for prtfabricaud buildtngs whtrt such supporting is i"'practic11blt , it shall bt P'r,.,tssiblt to fish tht cablt bttwttn IICUJS pointJ. Exctpllon No }· A "'iring d tvtct idtntifitd for tltt ust, wirltour 11 stparatt outltt box, incorporati"J an inttgral cablt clamp shall bt ptrmitttd wlttn thr c11blt is stc.urt in piau ot inrtrvllls ltDI t zrtrdtng 4* Jut (J .J7 m ) and with in J] irt<'ltts (JOj mm ) from tltr wtring dtviu wall optning. ond thtrt sltall bt 111 ltast 11 J }-inch (JOj·mm) loop of ullbrobn c11blr or 6 inchts ( 1 j} mm) of 11 c11blt tnd ll >'llil ablt on rltr ;,,.,.or sldr of tht finllhtd "'a/Ito fJ'Tm il rtplaumtnr • I • ( • • • 70·222 NATIONAL ELECTRICAL CODE ARTICLE )47 -RJGID NONMETALLIC CONDUIT ~7 -\. Description. This article shall apply to a type of conduit and lin i n~< of •uitablc nonmetallic material tbat is resistant to moislure and chemical atmospheres . For use aboveground , it shall also ~ flame · ret ard a nt , resis-tant to impact and crushing . resistant to distortion hom beat und er condrtions likel y to ~ encountered in service, and resistant to low temperature and 1unligh1 effects . For use under@round , the material shall ~ ac:ceptabl) resista nt t o moisture and corrosive a~en ts and 1ball ~ of 1ufficrent nrenpth to withstand abuse. ouch as by impacl and crusbins. in band li ns and during installation . Where intended for d ir ect burial . without encasement in concrete, the material •hall also~ ~pable of .. ·ithstandin& conunued loading that is likely to~ encountered after installation . (fP ) M atcru.t!. that have been recornited as. bavint lUIUblc ph y•ical charac- tcnStiCS ,.. hen proper I) formed and treated include 6bcr , asbcum cement, .oapstonc. ,,,,d rotyvm) 1 chloride. flberalass ~po1 ). and hiJh-densit) poly ethylene for unde r- around usc, and r i a1d po1)''in)1 ch\ondc for u~ abovc&round &i7•1. Uees .,.,..med. ,.The use of ririd nonmetallic conduit and finins s IIIIR'a11 ~ permitted under the following conditions: .. ) e--.d-In walk. loon. and ..Uin&•· ~ (b) corroalve 'lnnuencea . In locations subject to severe corrosive influence• a s co\'ercd in Section 300·6 and where subject t o chemicals for wh ich the materials arc specifically approved . (c) Clndera . In cinder fill. (d ) Wet Locations. In portions of dairies, laundries, canneries, or other wtl locations and in locat ions where wall s arc frequentl y wa sh ed , the entir e condu it s)'sttm including boxes and fittings used therew ith shall ~ so installed and equipped a s to prevent water from entering the conduit. All supporu, bolls. straps , scrcv.·s. etc ., shall ~of corrosion-resiStant mucrials or ~ protected against corrosion b) approved corrosion-resistant materi · als (e) Dry •nd Damp Locatlona. In dry and damp l~tions not prohib- ·~~J£]-.al£ --~--• .. ••1, :yTor uposed work where not oub 'e~~~~IJl.•mt•• 7 -.J (Ill Underground lnatallallona. For 11nderground installations, ace Sections 300·5 and 710-3(b). ---------------- nonmetallic conduit shall not ~ (a) Hazardoua (Cieaalfled) LocaUona. I n hazardous (classified) loca · tions. u ccpt as OO\'ered in Secuons 51 4 ·8 and 515-5 ; and Class I , Divis ion 2 locations a • permitted 1n the Exception to Section 501-4(b). (b) Support of Flaturea. For the support of fi•tures or other cquip- mt.nt (c) Phralc a l Damage. identified for 1uch use Where subject to physical damaae unless (d) Ambient Temperature&. Where subject to a mbient u ceedrn~ tho.e for which the condu it is approved . • temperatures I • • - ( • • • • 70-223 ARTICLE 3H -RIGID NONMETALLIC CONDUIT ~~~~~.~,;.~.~::u~. ;,.u;~~~-~F~~~:;=:;:~;~:;' l . temperature limitations would e•ceed those for which the conduit u \ ~,_._,......,.__.-.or--• ... ~ ... ·-· 347_._ Other Articlea. Installation of rit!id nonmetallic conduit 1hall comply .. ith the applicable provisions of Anicle 300 . Where equipment ~round i ng is required by Article 2SO . I oeparate equipment arounding conductor shall be installed in the conduit. A. tnatallaliona 347-5. Trimming . All cut ends shall be trimmed inside and outside to remove rough edges 347~. Jointa. All joints between lengths of conduit, and between conduit and couplings , fillings . and boles, shall be made b) an approved method . 347-8. &upporta. Ririd nonmeullic conduit shall be supported as . required in Table 341-8 . In addition, thor< shall be a 1upport within 3 feet (914 mm) of each bol, cabinet, or other cor,du it tormination . Table )47-8. Suppor1 of Rigid Nonmetallic Conduit Conduit 14•• •••""u"' a.•clftg htw"n (tncNt) 5upportt (F"U ~· ) i Vo-l 5 21n-3 6 31>-5 , 6 8 For Sl w.n 1U (Support") one foo t • 0 }(),48 me te r. 347-11 . Eapanalon Jolnta. Expansion joints for riaid nonmeullic conduit shall be provided to compensate for thermal e•pansion and contraction . 347·10. Minimum Size. No conduit smaller than \'l-inch electrical tradt 1 s iu 1hall be used . 347·1 1. Number ol Conductora. The number of conducton pcrmiued in a •inglt condu it shall 1101 uccod the pcrccnugc fill specified in Table I, ' Chapter 9 . (FPN): For conductor cr .. s-MCiionalarea ICC Tables 5, 6 , 1, I and II>< apphcablel Nolu to Tables 01 the berinnin& of Chapler 9 . 347·12. auahlnga. Where a conduit enters a bo• or other fittinJ , a bushing or adapter shall be provided to protect the wire from abrasion unless the duign of the bo• or fitting u such u to provide equiv alent protection (FPN) Sec Section 313-6(<) for tM protection of conducton a l bushinas 347·13. aands -How Made. Bends of rigid nonmetallic condu it shsll be 10 mad< that tho conduit will not be injured and that tho intemll d1amoter of the conduit will not be elfect1vely reduced . Field bends 1ball be m 1de onl) with bending equi pment intended for tho purpose, and the radius of the curve of tho inner cdae of such bends shall not be leas than shown in Tablt )46-10 . S47·1•. ae,.da -N11 ...... r 1ft Ofte Run . A run or conduit between outlet and outlet, fiuinJ and fiuin&. or outlet and littina shall not conuin 1110rc • I • ( • • • - 70-490 N .. TIONIIL ELE CTRI CAL CODE Re staurant s Church Chapels O.ncr Hall s M orl uar) Chapeh Mu~cum ~ S~aoinf Rinks G\mnas.i um' t.iuhipu rpost Rooms B o ~hng Lane~ Pool Rooms Club Room s Places o f A• .. ll int Trans f')()r tat ion Coon Room s Conference Room s Aud1torium ~ Aud itori um s with in: School s Mer ~a ntilc Establi shment s Bu si ne ss Establishments Other Occupa ncies . O ccupa nC) of any roo m or space for assembl) purposes b y less than 100 pe r>oM on a bu il dont of other occupancy. and incidental to •u ch other oc:cupanC). shall be cia .sed as part of the other occupancy and •ubject to th e pro\lsion> applicable thereto \\'he n an) su ch buildmF structures or port ion thereof conta in a projection booth or staf:t platform o r are a ror th e pre se ntat ion o f theatrical or mu sical production. eother filed or portable. the w iri n~ for that area •hall compl) "'ith all applica ble provosoon s of An icl e 520 . (FPN) For me thod ~ of dc:tc:rm imn r populat ion capacit), 1« local buildm1 code I or in its ab>en ce l.Jjr Safn.' Codr. NFI' A /O/-t981 (ANSI) 618·2 . Other Article•. (e) H .. erdoua (CI .. allled) Aree•. Hazardous (classifi ed ) areas loc:at<d in an) as sembla~e oc:cupanc) •hall be installed in accordance with An ocle 500-H azardous (Classifi ed ) Locations (b) Temporary Wiring . In e•hibition hall s used fo r d isplay booths , as in trade sho"''· the temporary .. -iring •hall be installed in accordance •·ith Articl < 30 ~-Temporary Wirinr. ucept thai appro"ed flu ible cables and cords shall be permitted to be laid on floors wbere protected from contact b) the scncral publ ic. I (e) Emergency Syatema . Control of cmeraency •Y•Iems •ball comply "'ith Art icl e 700 -Emerrency Syotem•. -~-~The 1\&ed wirin& methods shall be metal r "' , it ~~c•"' ays encased in not less tban 2 inches (50.8 mm) of t ~~, ... .orai'ICI"'MtJii5Hli't!l!\ Ercrption No. I · 1\'~nmtta//ir-shtathtd C'Dblt . T}•pt AC cablt. and rigid Mnmttallir C'onduit shall bt ptrmilltd to lw in.<talltd in tlo ou bui/drng.< or portrnn' tlotrtof that art not uquirtd 10 lw firt-rattd construrtron by tht a l~rhJ~ ' Errtption No. ]· A s pro••idtd in Artirlt 640 -Sound Rtprodurtion and S"'u/ar Equipmtnl , in Arlrrlt 800 -Communiration Circuits , and in Artirlt 7 }j for Class ] and Class 3 rtmott-control and si1nalint clrruits , and rn Artirlt 760 for firt prottttivt Sifnalinl circuits . (FPN) ftrc·ratcd COMtr uct ion i.J lh~ firt ·raisti n dusiflcatton UKd in bu ildina code. • I • • ( • • • BY AUTHORITY ORDINAI'CE 00. SERIES CF 198~4--- COUNCIL BILL 00. 45 INI'ROOOC0 BY OOUNCIL MEMBER .CC:l A BILL FOR AN ORDINAN:E REPEAL!~ AND REENACI'l~ SE>CTIONS 1, 2 AND 3 OF OIAPI'ER 10, TITLE Ill, CF 'IHE EN;LEWOOD MUNICIPAL CODE CF '69, AS AMENDED, ENI'ITLED "ELECI'RlCAL CODE" AND ADOPT!~ BY REFEREICE 'IHE NATIONAL ELECI'RlC CODE, 1984 EDlTI<lN, WITH CERTAIN I'ODIFICATIONS TO PROVIDE MINIMll'l STANDARDS TO PROTE>CT 'IHE PUBLIC HEAL'IH, WELFARE AND SAFETY; REPEAL!~ ALL ORDINAI'CES IN CONFLICT HER&JITH; AND PROVIDl~ PENALTIES FOR VIOLATION 'IHEREX>F. ~. 'IHEREFORE, BE IT ORDAINED BY 'IHE CITY OOUNCIL OF 'IHE CITY OF ENGLEWOOD, COLORADO, AS FOLI:.a'JS: Section 1. That Sections 1, 2 and 3, Chapter 10, Title III, of the EMC '69, as Clllended, are hereby repealed and reenacted to read as follows: 3-10-1: OCOPE CF ELE>CTRICAL CODE The provisions of this Chapter, known as the Electrical COde, shall apply to the installation and maintenance of all electrical wiring, materials, fittings, devices, appliances, fixtures and apparatus within or on public and private buildings, structures and premises. 3-10-2: NATIONAL ELE>CTRICAL CODE, 1984 EDITION, ADOPTED There is hereby adopted by reference thereto, the National Electrical COde, 1984 FDition, together with appendices contained therein, published by the National Fire Protection Association, Batterymarch Park, QJincy, Massachusetts 02269, with the SCI!Ie force and effect as if set forth herein, subject to the exceptions, modifications and Clllerrlnents thereto as hereinafter set forth. 3-10-3: SPECIFIC MODIFICATIONS TO ADOPTED CODE (a) The following modifications are hereby made in the provisions of the National Electrical Code, 1984 edition, hereinabove adopted: (1) NEC Article 110-5: Add the following sentence at the end of the paragraph: "The installation of alU11ini\J11 or copper-clad al\J11in\J11 conductors 1111aller in size than m:; nunber eight (8) is prohibited." 11 n · I • • ( ( • • • ,. - (2) NEC Article 333-4: .Add the following sentence at the end of the last sentence: "All type /IC cable shall be provided with a full sized grounding conductor." (3) NEC Article 336-3: In the first sentence insert the word "and" between the words "dwellings" and "l'llltifCI!Iily''; delete the phrase "and other structures"; and delete the phrase "or structures". (4) NEC Article 336-3(c): In item (3), delete the phrase "except as provided in Article 518, Places of Assanbly," in item (7) delete the word "or," in item (8) place a semicolon ";" after the word "aggregate" and add the word "or" after the semicolon, and add a new item (9) to read "in any camtercial, industrial, retail or public building." (5) NEC Art i cle 347-2: delete item (a) in its e ntirety. .Amend i tem (f) to read "Exposed. For exposed work, only on the exterior of buildings or structures, where not subj ect to physica l dCI!Iag e i f i dentified for such use." (6 ) NEC Ar ticle 347-3 : Add a new item (f) to read "in any cmmercial, i ndustrial, reta il or public build i ng." (7 ) NEC Ar t icle 518-3: Delete Exception No. 1 in its e n tirety. sectio n 2. No tice o f publ ic hear ing s hall be published twi ce, once a t l east fifteen (15) days preced i ng date o f hear i ng and once at leas t e igh t (8 ) d a ys preced i ng d ate o f hearing, which notice shall state the sub ject matter o f the Cbde, time a nd place o f hearing and that copies of the fo r egoing Cbd e are on f i l e with the Clerk and open to public inspection , and the nam e and address o f the agency by \Jlich said COde has been pranulgated . section 3. Not less than three (3) copies of each Cbde descr ibed herein shall be certified to be true cop ies of said Cbde by the Mayor and the Clerk and filed in the office of the Clerk at least fifteen (15) days prior to public hearing and s ub ject to publ i c inspection at all times while said Code is in full force and effect . The Cler k shall maintain at all times reasonable copies of the Cbde available for purchase by the public at mod erate p rice . 2 • I • ( • • • t' • Section 4. It shall be unlawful for any person, finn or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or denolish, equip, use, occupy or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Code. Any person, firm or corporation violating any of the provisions of this Code, upon conviction, shall be punished by a fine of not more than Nine Hundred Ninety-nine Dollars ($999) , or by imprisorment for not more than ninety (90) days, or by both such fine and imprisorment. Section 5. That all ordinances and parts of ordinances of the C1ty of Englewood in conflict or inconsistent herewith are hereby repealed. Introduced, read in full, and passed on first reading on the 15th day of OCtober, 1984. Published as a Bill for an ~dinance on the 17th day of OCtober, 1984. Attest: E>.lgene L. ot1s, Mayor ex off1c10 C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, COlorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of a Bill for an ~dinance, introduced, read in full, and passed on first reading on the 15th day of OCtober, 1984. Gary R. Higbee 3 I • • ( • RESOLUTION NO. 31 SERIES OF 1984-- • • • A RESOLUTION OF 'mE CITY CF EKiLJ:WOOD UPHOIDI~ 'mE NATIONAL LEAGUE OF CITIES IN ITS SUPPORT OF 'mE IUX::Ct91ENDATIONS OF 'mE U.S. <XM1ISSION 00 WARTIME RELOCATION AND INTERNMENI' OF CIVILIANS. WHEREAS, on February 19, 1942, Executive Order 9066 was issued and provided for the relocation and internment of persons of Japanese ancestry; and WHEREAS, from 1942-1946, 120,000 Americans of Japanese ancestry were forcibly excluded from the West COast of the United States by military fiat, incarcerated and confined under armed military guard, without hearings or charges, and deprived of basic human rights as a result of actions of the u.s. Government; and WHEREAS, on July 31, 1980, Public Law 96-317 was enacted authorizing the creation of the u.s. COmmission on wartUne Relocation and Internment of Civilians to review the facts and circumstances surrounding the implementation of Execut ive Order 9066; and WHEREAS, after two and one-half years of study and research, the COmmission's findings were issued on February 24, 1983, and its recannendations were released on June 16, 1983; and WHEREAS, the o:mnission' s work has already assisted the efforts of several cities and other local governments to remedy prior local actions and policies that denied basic rights and inflicted other injustices upon citizens of Japanese ancestry; and WHEREAS, these local efforts, including city-enacted legislation, cannot substitute for the necessary federal actions to remedy the injustices that occurred pursuant to Executive Order 9066, nor do these local actions adequately address the issues raised in the Commission's findings or recannendations; NCM, 'ffiEREFORE, BE IT RESOLVED BY 'mE CITY CXlUOCIL OF 'mE CITY OF ~L&JOOD, COLORADO, that: Englewood upholds the National League of Cities in its support of the recannendations of the u.s. Commission on wartUne Relocation and Internment of Civilians as a formal and honorable way to acknowledge these injustices in the hope that similar aberrations of justice shall never recur. • ;/ z_ I • • • ( • • • • Englewood urges Congress and the Administration to act on those recommendations, including the following major proposals: Congress should pass a joint resolution, signed by the President, acknowledging that a grave injustice was inflicted upon a specific group of u.s. citizens on the basis of ancestry and offering official apologies of the u.s. Gover1111ent; President should direct the u.s. Department of Justice to review all wartime convictions of ~ricans of Japanese ancestry and to recommend Presidential pardons based on this review. AOOPI'ED AND APPROVED this 15th day of October, 1984. Attest: EUgene L. ot1s, Mayor ex officio C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of Iesolution No. ___ , Series of 1984. Gary R. H1gbee • I • • ( ( • ORDINANCE NO. SERIES OF 1984 • • - BY AUTHORITY A BILL FOR COUNCIL BILL NO. 50 INTRODUCED Bi COUNCIL MEMBER J 't>f-. AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO, FOR THE YEAR 1985 AND ESTABLISHING A MILL LEVY FOR THE ENGLEWOOD, COLORADO, DOWNTOWN DEVELOPMENT AUTHORITY. WHEREAS, it is the duty of the City Council of the City of Englewood, Colorado, under the Charter of said City and Statutes of the State of Colorado, to make the annual levy for City purposes for the year 1984, due and payble in 1985; and WHEREAS, the City Council has duly considered the estimated valuation of all of the taxable property within the City and the needs of the City for each of said levies and has determined that the levies, as hereinafter set forth, are proper and wise. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That there be and hereby is levied for the year 1984, due and payable as required by Statutes in the year 1985, a tax of 5.694 mills on the dollar for the General Fund of the City of Englewood, Colorado, and 2.496 mills on the dollar for the Debt Service Fund of the City of Englewood, Colorado. That the levy hereinabove set forth shall be levied upon each dollar of the assessed valuation of all taxable property within the corporate limits of the City of Englewood, Colorado, and the said levy shall be certified as required by law. Section 2. That under the authority of Part 8, Article 25, Title 31, of the Colorado Revised Statutes, 1973, as amended, there be and hereby is levied for the year 1984, due and payable as required by law in 1985, a tax of 4u634 mills on the dollar for the use and benefit of the Englewood Colorado Downtown Development Authority. ~.ooo That the levy hereinabove set forth shall be levied upon each dollar of the assessed valuation of all taxable property within the Englewood Colorado Downtown Development District, and the said levy shall be certified as required by law. Introduced , read in full, and passed on first reading on the day of , 1984 • • I • - • • • • • -2- Published as a bill for an ordinance on the --------------' 1984. Mayor ATTEST: ex off1c1o C1ty Clerk Treasurer day of I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate, and complete copy of the bill for an ordinance passed on first reading and published as a bill for an ordinance. Gary R. H1gbee • I •