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Home My WebLink About1984-11-05 (Regular) Meeting Agenda• • • • • Q City Council Meeting -Regular November 5, 1984 • • • • • • ~~J ~ Jr?~,rda ...,....,er~ §,/qi~ ~~ 1J. 4~. (/,<f ~~yi/c;.~o ;-:; • 0 0 I . l • ~2. ~3. 4. ( 5. • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWO OD CITY COUNCIL NOV EM BER 5, 19 84 7:30 P.M. Call to Order. oJJ.A Invocation by Mr. Mac Bartee, Englewood Church of Christ, 4690 South Logan Street. Pledge of Allegiance by Boy Scout Troop #92. Roll Ca l l. (o -I Minutes. (a) Mi n ut e s of the regular meeting of October l 5 . 1984. (C op i e s e nclosed.) (b) Minutes o f the special aeeting o f October 16' 1984. (Copies enclo s e d .) (c) Minutes of the s p ec ial a e et i ng o f October 2 9. 1984. (Copiea encl o se d.) 6. Pre-Scheduled Visitors. (Pleaae liait your presentation to 10 ainute1. 7 • ( • (a) Kr. Harry Ku••, 3265 South Fox Street, will be pre- sent to requeat City Council to consider adopting an ordinance concerning maintenance of trees over utility lines. Non-Scheduled Visitors. to 5 ainutes.) ~~ (Please liait r.our presentation ~~ ~~ U:v-~ ~ • I • • ( ( • • • • Pag e 2 Novemb er 5, 1 984 Agenda 8. Communications and Proclamations. (a) Proclamation proclaiming November 18-25, 1984 as Bible Week. (Copies enclosed.) 9. Consent Agenda Items. (a) Minutes of the Englewood Downtown Development Authority meeting of September 12, 1984. (Copies enclosed.) (b) Minutes of the Board of Adjustment and Appeals meeting of September 12, 1984. (Copies enclosed.) (c) Minutes of the Parks and Recreation Commission meet i ng of September 13, 1984 . (Copies enclosed.) (d) Minutes of the Planning and Zoning Commission meeting of September 18, 1984. (Copies enclosed.) (e) Minutes of the Public Library Advisory Board meet i ng o f October 9, 1984. (Copies enclosed .) (f) (g ) (i) Or dinance on final reading approving the license agreement between the City of Englewood and the City of Littleton and agreement regarding Little 's Creek - Litt l eton and Englewood ditch flow separation improve- ment between Urban Drainage and Flood Control District, the City of Littleton, and the City of Englewood for pa r t of the Third Phase of the Littleton Railroad Depression Project at Little's Creek Trickle Channel. (Bil l and Council Coaaunication enclosed.) Or d ina n ce on f i nal rea ding establishing the ai l l levy fo r fisc al ye a r 1 98 5 at 5.69 4% f or t h e Gen e ra l Fund and 2 .4 9 6% f o r the b on d e d in d e bt e d ness for t h e Englewood Recreation Center . (Copies enclosed.) Recoaaendation from the Parka and Recreation Commis- sion for approval of proposed fees for the Recreation Center and equipaent package. (Copies enclosed.) Recomaendation froa the Parka and Recreation Coaais- aion that corporate passes not be allowed at the Englewood Recreation Center. (Copies enclosed.) 10. Public Rearing. • I • • ( ( • • • Page 3 November 15, 1984 Agenda 11. Ordinances, Resolutions and Motions. (a) (b) c)~~si/ (c) t~~?+ ~d) ~ (e) M;5t ~ (f) e,*S Ip ~ (g) / 6~ ~·~ ~ (h) U>jb1 ~ • Recommendation to execute a special warranty deed to School District No. 1, Arapahoe County, Colorado, conveying real property, the west 14.26 feet of the east 23.87 feet of Lot 3, Sandra's Subdivision, Arapahoe County, Colorado, said parcel contains 2,795 square feet or 0.0642 acres, more or less, in conformance with the City's agreement with the School District, which provides for a buffer zone between the edge of the east soccer field and the City property line. (Council Coamunication and Bill enclosed.) Recomaendation to assess a $100 fee on private property for repeat calls on frozen service lines. (Council Coaaunication and Bill enclosed.) Recommendation to impose a double fee on outside City sewer customers, if the City of Englewood must certify delinquencies with Arapahoe and Douglas Counties. (Council Coaaunication and Bill enclosed.) Bill amending the City Manager's 1985 Proposed Budget and appropriating aonies for the 1985 Budget. (Copies to be transaitted.) Bill adopting the 1985 Budget in the amount of $31,879,965. (Copies to be transmitted.) Bill approving an addendum to the 1984-1985 Contract between the City of Englewood and the Englewood Fire Fighters Association which provides for a 5.1% average increase. (Copies enclosed.) Bill approving an addendum to the 1984-1985 Contract between the City of Englewood and the Englewood Police Benefit Association which provides for a 4% increase for police officers 2nd, 3rd, and 4th Class and an 8.8% increase for police officer let Class. (Copies enclosed.) Bill approving an addendum to the 1984-1986 Contract between the City of Englewood and the Englewood Employees Association which provides for a 5.75% average increase. (Copies enclosed.) • I • • - ( ( • • • • Page 4 November s • 1984 Agenda 12. City Manager's Report. \l~~ J.-L lD e,fJ.Jt6q o+ rv rr . 13. CHy H<om•y'• R•poW. fi:\~ ~~ 14. General Discussion. l:::'../ (a) Mayor's Choice C ~ • Q "/ (b) Council M ~ 1$4/ ember's Choice. ls. Adjournment. AM/sb COWN Manager • I • • • • • AGENDA I T EM PRES ENTED BY ------- ROLL CALL Moved Seconded Abstain ~Taoav Neal Vobe,da Wei st Al lo Bradshaw Otis MOTION: I I . • • • • • • AGENDA ITEM -----PRESENTED BY ROLL CALL Hoved Seconded Ayes Nay Absent Abstain Hlgday ,__... Neal -v vobe;aa L/ Weist 1- Bl lo //"' Bradshaw v Otis v MOT I ON: I • • • • / AG ENDA ITEM _.j __ v.--__ Moved Seconded Hlqday Neal Vobe,da 1/ Wei s t Bl lo v Bradshaw Otis • • • PRESENTED BY -------- ROLL CALL Ayes Nay Absent Abstain I • • • • - AGENDA ITEM -----PRESENTED BY --------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hladav - Neal I Vobeida I Weist 7 Bl lo ~ - Bradshaw "!"I Otis I MOTION: I . • • • • • //_ AGENDA ITEM _ _j~~» __ _ PRESENTED BY --------- ROLL CALL Moved Seconded Ayes Nay Absent Abs ta In Rloaav Neal Vobe1da v Weist - RI lo v Bradshaw Otis - MCYrION: I • • • • • /' AGEN DA ITEM ....!:; (!__... Moved Seconded v / 77 MCYl'ION~ HIQday Neal Vobe1da Weist Bi lo Bradshaw Otis • • • PRESENTED BY -------- ROLL CALL Ayes Nay Absent Abstain - -- I • • • • • • AGENDA ITEM 6 t--PRESENTED BY ----- Moved Seconded Ayes Nay Abse t Ab I n sta n Hfadav Neal Vobeida Wei st Bi lo Bradshaw Otis MOTION: I . • • • • • • AGENDA ITEM --- Ayes Nay Absent Abstal n Hlqaav Neal Vobe ,da We is t Bi lo Br ad s haw Ot is MOTION: I . • • • • • • AGENDA ITEM-----PRESENTED BY --------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlnt1av Neal Vobe,da Weist Bi lo Bradshaw Otis MOTION: I • • • • • • • AGENDA ITEM 1-PRESENTED BY ---- Moved Seconded Ayes ay I Hlgoay ' ,~ Nea1 ,_ vobe,da Wei st Bl lo Bradshaw Otis MOTION: I . • • • • • , . • AGENDA ITEM PRESENTED BY ---- ROLL CALL Moved Seconded Ayes Na Ab y sent Abstain lltqdav Neal Vobe,da Weist Alto Bradshaw Otis MOTION: I . • • • • • AG ENDA ITEM ----PRESENTED BY ------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain HIQOav Neal Vobe1da Weist Ai lo Bradshaw Otis MOTION: I . . • • • • • AGENDA ITEM ---PRESE NTED BY ---- ~~ S-3 0--0 s '--/) ~ -~~~ -~50/~ r ~~~ -~~d-~$~er-~~ ~~~ ~--1~ ~~ ~ ;;-~~· jNJ~u-~~~~~ r~]~--a--~ ~ -~~~~~~~~ RdLL CALL Moved Seconded Ayes Nay Absent Abstain Hlqday Neal Vobe,da Wei st Bl lo Bradshaw Ot is MOTION: • I . • - • • AGENDA ITEM __ _ P RES ENTED BY ---- Moved Seconded Ayes Nay Absent Abstain Hlg<1av Neal Vobe1da Weist Bi lo Bradshaw Ot i s MCYI'ION: I . . • • • • • AGENDA ITEM __ _ P RES ENTE D BY ---- /~~~;t;~UAClJ~ ~ ~ V-(J -cl4 lniM ~ ~ ~ ~-~~ ~-<Tu ~ ~r; r~~t~ ~-~~ f.~ cLo ~ ~J-~ ~r~- 110 k~ It 1--t a. o 'J--- ROLL CALL Moved Seconded Ayes Nay Absent Abstain HIQdav Neal Vo be1da Wei st Bllo Bradshaw Otis MOTION: • • I . . • • • AGENDA ITEM ----P RESENTED BY ------- ROLL CALL M d ove Seconded Ayes Nay Absent Abstain HIQOav Nea1 Vobe,da Wei s t Bi lo Bradshaw Otis MOTION: I . • • • • • AG ENDA ITEM -----P RESENTED BY --------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlodav Neal Vo b e,d a \olel st Bi lo Bradshaw Otis MOTION: I • • • • • • • AGENDA ITEM --=~=-:Ul_;_;·_~ PRES ENTED B Y --------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1adav v Neal Vobeida Wei st RI lo y Bradshaw Otis • MOTION:~ I • • • • 1- • • AGENDA ITEM -----PRE S ENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hladav v Neal Vobe1da Wei s t Bi lo ,, v-Bradshaw (//IA N-1 1 ~/ Ot is 71 MOTION (i...::CJ[J l <V ""' /k.PL. I • • • • • • AGE NDA ITEM PRESENTED BY ----- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday - Neal - Vo be ida - Weist - Bi lo Bradshaw - Otis MOTION: I . . ~---------------------------..... ~ • • • • AGENDA ITEM q c:;.__... -_.;{_,., PRESENTED BY -------- ~· ROLL CALL Moved Seconded Ayes Nay Absent Abstain "" HIQClav Neal Vobe1da Weist Bi lo v Brad shaw Otis I MOTION: <: I • ---- • • • • AGENDA ITEM I I{).___, PRES ENTE D BY-------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain HIQOay -v Neal - Vobe1da -v Weist - Bi lo - Bradshaw - Otis - MOTION: ~ .J:l.SJ... I . • • • • - AGENDA ITEM 11 b . PRESENTED BY ------- y, /~~ 12;-~-~~~ 1-rrum-~ ~ ~ ~~ ~ G°· A~~-+~~~~cT ~ ROLL CALL M d Seconded Ayes Nay Absent Abstain ove Hlg<1ay Neal v Vobe1da Wei st Bl lo - v Bradshaw -Otis - MOTION: I • • • • • AGENDA ITEM _/_/_c._. __ · __ PRESENTED BY--------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain J,--Hladay -v-Neal -Vobe,da Wel st Rj lo -- Bradshaw - Otis _,.,. MCYTION: I • • • • • - AGENDA ITEM _/_/_~ __ · _ PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain v Hlqday -v--Neal _.. Vobe,da -Wei st -Bi lo - Bradshaw - Ot is -- M<Yr I ON: I • • • • •' • AGEND A ITEM _,,_/--'/'--d_:._._ P RESENTED BY ~-------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlqaav -Neal --Vo be1 d a -v Weist -" Bi lo v Bradshaw Otis _, MOTION: I • • • • • • • AGENDA ITEM I/ t . / P RE SENTED BY 1L aa.r ,,() ROLL CALL Moved Seconded Ayes Nay Absent Abstain v HT naay -Neal - Vo b eida Wei st -Rilo -v Bradshaw - Otis - MCYl'ION: I • • • • • • • AGENDA I T E M / / b . PRESENTED BY ~~ . ROLL CALL Moved Seconded Ayes Nay Absent v Hladav Neal v Vobe1da Weist Bi lo Bradshaw Otis MOTION: ~ ~ i r~ ~1..1!.P 3 ~~ ~ /1-> r a • • Abstain I • • • • • AG ENDA I TEM -----PRESENTED BY-------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday -Neal ~ Vobe1da Wei s t -Bi lo Bradshaw - Ot is - MOTION: I • • • • • • • AGENDA ITEM 11 R PRESENTED BY -"'~'--""""'--=µ..Q,.'<ll<:..>.L __ ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday -v Neal Vobe1da Weist -Bl lo ,,,_ Bradshaw -Ot is - MOTION: I • • • • • • I c!J.. AGENDA ITEM -----PRESENTED BY --------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday -v Neal -v--Vobe1da Weist -Bi lo Bradshaw -Otis MOTION: I • • • • • • • AGENDA ITEM /c:( -~--PRESENTED BY ------ ~ )ah. c\)"-1-~. /D M ~ {U,dJ_ ~ ~ ~ ~ --t/;l ~ ~~-~~C/-IC-, <J-~ ~~2~~ ~ ~t-11-' ~ 4-~ ROLL CA LL Moved Seconded Ayes Nay Absent Abstain Hlgday Neal Vobeida Wei st Bi lo Bradshaw Otis MOTIO N: I . . • • • • AGENDA ITEM -----PRESENTED BY --------- RO LL CALL Moved Seconded Ayes Nay Absent Abstain H10<1av v Neal Vobe,da Weist Bllo // Bradshaw Otis MOTION: C/6 ,j:J {f) / I • • • • • - • - AGENDA ITEM -----PRESENTED BY --------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday -v Neal Vobeida - We I st -Bi lo V' Bradshaw -Otis - MOTIO N: ~Ji~! I • • • • • • .. • AGE NDA ITEM ----PRESENTED BY ------- dM~ir\ 1 ~ r ~~ ~~r--~ I ~-r zrL ~ ()&. --~~a-(f~~ ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hiqday Neal Vobe1da Weist Bi lo Bradshaw Otis MOTION: • I . • - • • • • • COUNCIL CHAMBERS City of Englewood, Colorado October 15, 1984 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on October 15, 1984, at 7:30 p.m. Mayor Pro Tern Bradshaw, presiding, called the meeting to order. The invocation was given by Council Member Vobejda. The pledge of allegiance was led by Boy Scout Troop No. 154. Mayor Pro Tern Bradshaw asked for roll call. Upon a call of the roll, the following were present: Council Members Neal, Vobejda, Weist, Bilo, Bradshaw. Absent: Council Members Higday, Mayor Otis. The Mayor Pro Tern declared a quorum present. * * * * * * * Also present were: City Manager McCown * * * Assistant City Manager Vargas Deputy City Clerk Owen * * * * COUNCIL MEMBER WEIST MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF OCTOBER 1, 1984. Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Vobejda, Weist, Bilo, Bradshaw. None. Council Members Higday, Mayor Otis. The Mayor Pro Tern declared the motion carried. * * * * * * * COUNCIL MEMBER NEAL MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF OCTOBER 8, 1984. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • • October 15, 1984 Page 2 Ayes: Nays: Abstain: Ab sent: • • • Council Members Neal, Vobejda, Bilo, Bradshaw. None. Council Member Weist. Council Me mber Higday, Mayor Otis . The Mayor Pro Tern declared the mo tion carried. * * * * * * * Pre-scheduled visitor, Fred Marienthal, Kutak, Rock and Campbell, was present. Mr . Marienthal requested Council to amend Ordi- nance No. 36, Series of 1984, by reducing the principal amount from $9 ,500,000 to $8,920,000 . Mr. Marienthal stated if the bonds were issued in the amount of $9,500,000 there would be problems relating to capital expenditures by King Soopers in the City of Englewood. Steve Wessler came forward as representative of the Brady De- velopment Corporation and the Englewood Redevelopers Limited. Mr. Wessler stated Kings Soopers have indicated they would be exceeding the capital limitation for the City of Englewood if included in the financ- ing. Mr. Wessler stated Englewood Redevelopers Limited and Brady De- velopment were in the process of obtaining a conventional loan for the King Soopers store to exclude them from the bond issue. By doing so, the amount of the bond issue could be reduced to $8,920,000. Mr. Wessler stated because of limitations in 1984, they needed to close prior to December 31st, and requested passage on an emergency basis. Council Member Neal asked Mr. Wessler if this was in anyway to advantage the Brady Corporation, or was it specifically at the request of King Soopers as a part of the program in the total downtown development. Mr. Wessler stated it was not to benefit Brady Development or Englewood Redevelopers Limited whatsoever. Secondarily, it was not of any benefit to King Soopers either or at their request. The problem was that Kutak, Rock and Campbell would be unable to give a clear opinion on it, and the law would disallow financing the project through the use of IDB 's. City Attorney Olsen stated he particularly appreciated Kutak's highly ethical approach to this matter. ORDINANCE NO. SERIES OF 1984 BY AUTHORITY • COUNCIL BILL NO. 51 INTRODUCED BY COUNCIL MEMBER BILO I • • • • October 15, 1984 Page 3 • • • 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 PRO- JECT) SERIES 1984, TO FINANCE PROPERTY SUITABLE FOR USE FOR COMMERCIAL OR BUSINESS ENTERPRISES; RATIFYING CERTAIN ACTIONS HERETOFORE TAKEN; AUTHOR- IZING 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 THERE- WITH; REPEALING ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH; AND DECLAR- ING AN EMERGENCY. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 51, SERIES OF 1984, ON FIRST READING. Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Vobejda, Weist, Bilo, Bradshaw. None • Council Member Higday, Mayor Otis. The Mayor Pro Tern declared the motion carried. Mayor Pro Tern Bradshaw stated the Council met with Fred Marienthal and Steve Wessler at 5:00 p.m. on this date and prior to 5:30 p.m. there was initiated a notice of a special call Council meeting for Tuesday, 5:30 p.m. concerning the subject ordinance • • • • • • • • Mayor Pro Tern Bradshaw asked if there were any non-scheduled visitors at this time. There was no response from the audience • • • • • • • • Mayor Pro Tern Bradshaw noted there were no communications and proclamations to consider at this time • • • • • • • • "Consent Agenda Items" were: (a) Minutes of the Court Advisory Committee meeting of July 9, 1984 • • I • - • October 15, 1984 Page 4 (b) (C) (d) (e) • • • Minutes of the Englewood Housing Authority meeting of August 29, 1984. Minutes of the Urban Renewal Authority meetings o f September 5 and 24, 1984. Ordinance on final reading vacating a storm sewer and water line easement and granting an easement for a water line in the Cinderella City parking lot. Ordinance on final reading granting to the Engl ewood Housing Authority $250,000 for the Englewood Home Rehabilitation Program and amending an agreement between the City of Englewood and the Englewood Hous- i ng Authority for administration of the Home Reha- bilitation Program. Mayor Pro Tern Bradshaw asked if there were any items that Coun- cil wished to withdraw. Council Member Neal stated he did not wish to withdraw any items at this time but wanted the minutes to show on items (a) and (b) the minutes of the Court Advisory Committee that there was a note in regard to the July meeting tabling Judge Park inson 's discussion on selection of associate judges. Also, at the August 13th meeting the Committee re- quested Judge Parkinson to submit names for associate judges. COUNCIL MEMBER NEAL MOVED FOR APPROVAL OF CONSENT AGENDA ITEMS 9(A) -9(E). Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Vobejda, Weist, Silo, Bradshaw. None. Council Member Higday, Mayor Otis. The Mayor Pro Tern declared the motion carried. * * * * * * * Consent Agenda Item 9(0) was hereby numbered Ordinance No. 44, Series of 1984; and Consent Agenda Item 9(e) was hereby numbered Ord i- nance No. 45, Series of 1984. * * * * * * * BY AUTHORITY • I • October 15, 1984 Page 5 ORDINANCE NO. SERIES OF 1984 • • • A BILL FOR COUNCIL BILL NO. 48 INTRODUCED BY COUNCIL MEMBER WEIST AN ORDINANCE REZONING PARCELS OF LAND EAST OF SOUTH DECATUR STREET AND APPROXIMATELY 750 FEET SOUTH OF WEST UNION AVENUE IN THE CITY OF ENGLE- WOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO, FROM R-1-C, SINGLE-FAMILY RESIDENCE, TO R-2, MEDIUM DENSITY RESIDENCE. COUNCIL MEMBER WEIST MOVED TO PASS COUNCIL BILL NO. 48, SERIES OF 1984, ON FIRST READING AND TO SET A PUBLIC HEARING FOR MONDAY, NOVEMBER 5, 1984, AT 7:30 P.M. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Vobejda, Weist, Bradshaw. Nays: Council Member Bile. Absent: Council Member Higday, Mayor Otis. The Mayor Pro Tern declared the motion carried. Council Member Bile stated he voted nay because he was going to be out of town on that day. COUNCIL MEMBER NEAL MOVED TO RECONSIDER THE MOTION ON COUNCIL BILL NO. 48. Council Member Weist seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Vobejda, Weist, Bilo, Bradshaw. None. Council Member Higday, Mayor Otis. The Mayor Pro Tern declared the motion carried. COUNCIL MEMBER WEIST MOVED TO PASS COUNCIL BILL NO. 48, SERIES OF 1984, ON FIRST READING, AND TO SET A PUBLIC HEARING FOR MONDAY NOVEMBER 19, 1984 AT 7:30 P.M. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Neal, Vobejda, Weist, Bilo, Bradshaw. I • • • • • October 15, 1984 ~ Page 6 • Nays: None. Absent: Council Member Higday, Mayor Otis. The Mayor Pro Tern declared the motion carried. ORDINANCE NO. SERIES OF 1984 * * * * * BY AUTHORITY A BILL FOR * * COUNCIL BILL NO. 49 INTRODUCED BY COUNCIL MEMBER WEIST AN ORDINANCE REZONING PARCELS OF LAND EAST OF SOUTH DECATUR STREET AND APPROXIMATELY 500 FEET SOUTH OF WEST UNION AVENUE IN THE CITY OF ENGLE- WOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO, FROM R-1-C, SINGLE-FAMILY RESIDENCE, TO R-2, MEDIUM DENSITY RESIDENCE. COUNCIL MEMBER WEIST MOVED TO PASS COUNCIL BILL NO. 49, SERIES OF 1984, ON FIRST READING AND TO SET A PUBLIC HEARING FOR MONDAY, NOVEMBER 19, 1984, AT 7:30 P.M. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Absent: Council Members Neal, Vobejda, Weist, Bilo, Bradshaw. None. Council Member Higday, Mayor Otis. The Mayor Pro Tern declared the motion carried. ORDINANCE NO. SERIES OF 1984 * * * * * BY AUTHORITY A BILL FOR * * COUNCIL BILL NO. 47 INTRODUCED BY COUNCIL MEMBER VOBEJDA AN ORDINANCE APPROVING THE LICENSE AGREEMENT BETWEEN THE CITY OF ENGLE- WOOD AND THE CITY OF LITTLETON AND AGREEMENT REGARDING LITTLE'S CREEK - LITTLETON AND ENGLEWOOD DITCH FLOW SEPARATION IMPROVEMENT BETWEEN URBAN DRAINAGE AND FLOOD CONTROL DISTRICT, THE CITY OF LITTLETON, AND THE CITY • I • • • • October 15, 1984 Page 7 • • - OF ENGLEWOOD FOR PART OF THE THIRD PHASE OF THE LITTLETON RAILROAD DE- PRESSION PROJECT AND LITTLE'S CREEK TRICKLE CHANNEL. COUNCIL MEMBER VOBEJDA MOVED TO PASS COUNCIL BILL NO. 4 7 , SERIES OF 1984, ON FIRST READING. Council Member Bile seconded th e mo ti on. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Vobe j da, Weist, Bile, Bradshaw. None. Council Member Higday, Mayor Ot i s. The Mayor Pro Tern declared the motion carr i ed. RESOLUTION NO. 37 SERIES OF 1984 A RESOLUTION AMENDING THE WATER ENTERPRISE FUND. COUNCIL MEMBER NEAL MOVED TO PASS RESOLUTION NO. 37, SERIES OF 1984. Council Member Bile seconded the motion. Upon a call of t h e ro ll , the v ote resulted as follows: Ayes: Na ys: Abs e nt: Counc i l Members Neal, Vobejda, We i st, Bi le, Bradshaw. None. Coun ci l Member Higday, Mayor Ot i s. The Mayo r Pro Tern de c l a red t he motion c ar r i ed • RESOLUTION NO . 38 SERIES OF 1984 • • • • • • • A RESOLUTION AUTHORIZING EXPENDITURE FROM THE "MALLEY CENTER TRUST FUND." COUNCIL MEMBER NEAL MOVED TO PASS RESOLUTION NO. 38 , SERIES OF 1984. Council Member Vobejda seconded the motion . Upon a call of the roll, the vote resulted as follo ws: Ayes: Nays: Council Members Neal , Vo b ejda, Weist , Bile , Bradshaw. None • • I • ...... ' I • October 15, 1984 Page 8 Absent: • • - Council Member Higday, Mayor Otis. The Mayor Pro Tern declared the motion carried. ORDINANCE NO. SERIES OF 1984 * * * * * BY AUTHORITY A BILL FOR * * COUNCIL BILL NO. 45 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE REPEALING AND REENACTING SECTIONS 1, 2 AND 3 OF CHAPTER 10, TITLE III, OF THE ENGLEWOOD MUNICIPAL CODE OF '69, AS AMENDED, ENTITLED "ELECTRICAL CODE" AND ADOPTING BY REFERENCE THE NATIONAL ELECTRIC CODE, 1984 EDITION, WITH CERTAIN MODIFICATIONS TO PROVIDE MINIMUM STANDARDS TO PROTECT THE PUBLIC HEALTH, WELFARE AND SAFETY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING PENALTIES FOR VIOLATION THEREOF. Walt Groditski came forward to answer questions. Council Member Neal asked if there were any changes in this ord i nance in terms of what has been done in prior years. Mr. Groditski stated the same exceptions were made in this code as have been in the past. The only difference was that certain sections of the code were addressed this time. The basic intent of code compli- ance was the same. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 45, SERIES OF 1984, ON FIRST READING AND SET A PUBLIC HEARING FOR MONDAY, DECEMBER 3, 1984, AT 7:30 P.M. Council Member Weist seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Vobejda, Weist, Bilo , Bradshaw. None. Council Member Higday, Mayor Otis. The Mayor declared the motion carried. * * * * * * * RESOLUTION NO. 39 • I • • • • October 15 , 19 84 Page 9 SERIES OF 1984 • • • A RESOLUTION OF THE CITY OF ENGLEWOOD UPHOLDING THE NATIONAL LEAGUE OF CITIES IN ITS SUPPORT OF THE RECOMMENDATIONS OF THE U.S. COMMISSION ON WARTIME RELOCATION AND INTERNMENT OF CIVILIANS. COUNCIL MEMBER NEAL MOVED TO PASS RESOLUTION NO. 39 , SERIES OF 1984. Council Member Vobejda seconded the mot ion . Council Member Bile stated he would vote against the resolution on the basis he did personally feel the forefathers had good reason and cause for what they did, and he did not feel he should apologize for their actions. Upon a call of the roll, the v ote resulted as follows: Ayes: Council Members Neal, Vobejda, Weist, Bradshaw. Nays: Council Member Bile. Absen t : Council Member Higday, Mayor Otis. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1984 * * * * * BY AUTHORITY A BILL FOR * * COUNCIL BILL NO. 50 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE AS- SESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO, FOR THE YEAR 1985 AND ESTABLISHING A MILL LEVY FOR THE ENGLE- WOOD, COLORADO, DOWNTOWN DEVELOPMENT AUTHORITY. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 50, SERIES OF 1984, ON FIRST READING. Council Member Weist seconded the motion. COUNCIL MEMBER NEAL MOVED TO AMEND COUNCIL BILL NO. 50 , SERIES OF 1984 IN SECTION 2, 4TH LINE TO 5.000 MILLS ON THE DOLLAR FROM 4.634. Council Member Vobejda seconded the motion. Council Member Neal stated there were several reasons for in- creas i ng the amount. The EDDA was attempting to set up a joint study wi th Swed i sh and potentially Cinderella City to investigate the area east • I • • • • • • • October 15, 1984 Page 10 of Broadway to see what source of retail things ought to happen east of Broadway and south of the Swedish area. In addition, the Urban Renewal Authority had approved in concept the idea of expending approximately $12,000 to do all of the streetscaping up and down Broadway assuming that the EDDA would expend in the area of $30,000-$40,000 per year to actually implement those streetscape improvements. The EDDA budget committee was formed at the last meeting and recommendations would be forthcoming from it. Mr. Neal recalled in 1977 the downtown merchants and residents ap- proved up to the 5 mill levy looking for that money to return to the downtown area in concrete improvements; and the levy was 5 mills up until last year. The only reason it was at 4.634 was because of the 7 percent restriction. Mr. Neal stated most of the revenue from this would go to the benefit of the tax increment district, and the difference between 4.634 and 5 would be based on the prorata share of the tax increment base and any additional assessed valuation since 1982 in the formation of the tax increment district. Mr. Neal noted the EDDA previously had an extra- ordinarily high percentage of its total revenue for administrative over- head which would be reduced. It was the consensus of Council that the increase would produce approximately $14,000 additional monies. follows: Upon a call of the roll, the vote on the amendment resulted as Ayes: Nays: Absent: Council Members Neal, Vobejda, Weist, Bilo, Bradshaw. None. Council Member Higday, Mayor Otis. The Mayor Pro Tern declared the motion carried. Upon a call of the roll, the vote on the original motion re- sulted as follows: Ayes: Nays: Absent: Council Members Neal, Vobejda, Weist, Silo, Bradshaw. None. Council Member Higday, Mayor Otis. The Mayor Pro Tern declared the motion carried. • I • • - • October 15, 1984 Page 12 • • • • • • • • • • Council Member Bilo requested that staff number the Counc il packets with tabs corresponding to the new consent agenda numbers • * • • • • • * There was no further business to be discussed. COUNCIL MEMBER NEAL MOVED TO ADJOURN. Mayor Pro Tern Bradshaw adjourned the meeting without a vote at 8:20 p.m. • I • I • SPECIAL MEET ING : • • • COUNCIL CHAMBER S City of Englewood, Colorado October 16 , 19 84 The City Council of the City of Englewood, Arapahoe Coun ty , Colorado, met in special session on October 16, 1984, at 5:30 p .m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Higday. The pl e dg e of allegiance was led by Mayor Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. Absen t: None. The Mayor declared a quorum present. * • * Also present were: * * * • * • City Manager Mccown City Attorne y Olsen * Assistan t City Man a ger for Economic Development Powers Deputy City Clerk Owen * * * * City Manager Mccown transmitted copies of the ordinance to be considered by City Council. ORDINANCE tlO. 46 SERIES OF 1984 BY AUTHORITY COUNCIL BILL NO. 51 INTRODUCED BY COUNCIL MEMBER BILO 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 PRO- JECT) SERIES 1984, TO FINANCE PROPERTY SUITABLE FOR USE FOR COM MERCIAL OR BUSINESS ENTERPRISES; RATIFYING CERTAIN ACTIONS HERETOFORE TAKEN; AUTHOR- IZING THE EXEC UTION AND DELIVERY BY THE CITY OF A FINANCING AGREEMENT, INDENTURE OF TR UST, BOND PURCHASE AGREEMENT, INDUCEMENT LETTER, FINAL • I • " , • SPECIAL MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado October 29, 1984 The City Council of the City of Englewood, Arapahoe County, Colorado , met in special session on October 29, 1984, at 5:30 p .m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Mayor Otis . The pledge of al- legiance was led by Mayor Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Vobejda, Bile, Bradshaw, Otis. Absent: Council Member Weist. The Mayor declared a quorum present. * * * • • * • Also present were: City Manager Mccown Assistant City Manager Vargas Assistant City Manager for Economic Development Powers Deputy City Clerk Owen • * • • • • • Mayor Otis stated the notice of this hearing was published pro- perly and timely in the Sentinel newspaper. COUNCIL MEMBER BRADSHAW MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE DOWNTOWN REDEVELOPMENT PLAN. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Vobejda, Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried. • I • • • October 16, 1984 Page 2 • • • OFFICIAL STATEMENT, SAID BONDS AND CLOSING DOCUMENTS IN CONNEC TION THERE- WITH; REPEALING ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH; AND DECLAR- ING AN EMERGENCY. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 51, SERIES OF 1984, ON FINAL READING. Council Member Bradshaw seconded the motion. Council Member Higday noted he was absent from the meet ing when the bill passed on first reading, and asked for a brief explanat i on as to why the amount was being reduced. Fred Marienthal, Kutak, Rock and Campbell, came forward. Mr. Marienthal stated the reason the bond issue was reduced from $9,500,000 to $8,920,000 was the result of the disclosure by King Soopers of certain capital expenditures within the municipalities boundaries that would cause the issuance to exceed the $10 million capital expenditure limita- tion imposed by the federal tax code. The amount was downsized by taking out the King Soopers portion of the project that will be financed through a commercial loan obtained by Bud Brady. Also, the downsizing increased the reserve fund by approximately $300,000 which was good for the bond holders' sake. 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. * * * * * * * There was no further business to be discussed due to special meeting status. COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meet i ng without a vote at 5:40 p.m. ~~ • I • • • • October 29, 1984 Page 2 • • • Assistant City Manager for Economic Development /Executive Di- rector for the Urban Renewal Authority, Sue Powers, came forward. Under oath, Director Powers presented Amendment No. 7 to the Downtown Rede- velopment Plan which listed port i ons of vacant land and portions of park- ing lots along 3400 South Cherokee Street to be used as right-of-way for Englewood Parkway. Director Powers stated the purpose of the amendment was to list the properties in the event of condemnation. Ms. Powers stated the Planning and Zoning Commission found the amendment to be con- sistent with the Comprehensive Plan. Based on the Commission's findings, the Urban Renewal Author ity requested that Council list the subject pro- perties. Council Member Neal asked for reaffirmation that there have been efforts to negotiate, and the parties failed to reach an agreement. Director Powers stated that was correct. Council Member We i st entered the meeting at 5:38 p.m. Mayor Otis asked if there were any questions from Counc il to ask of Ms. Powers. There were none. Mayor Otis asked if there were any comments from the audience either for or against. There were none. COUNCIL MEMBER VOBEJDA MOVED TO CLOSE THE PUBLIC HEARING. Coun- cil Member Bil o seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bile, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 40 SERIES OF 1984 A RESOLUTION OF THE ENGLEWOOD CITY COU NC IL TO AMEND THE ENGLEWOOD DOWN- TOWN REDEVELOPMENT PLAN. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 40, SERIES OF 198 4. Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Vobejda, Weist, Bile, Bradshaw, Otis • • I • • - • October 29, 1984 Page 3 Nays: None. • • • The Mayor declared the motion carried. There was no further business due special meet i ng status. COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting at 5:40 p.m. without a vote. D~ty City Clerk • I • • - " 11/s/g4 ~ ~ ~ PROCLAMATION / /w¢RE¢;, ;Ae )'ivo/. ii;r' ti~s ,in w)licy ba/ic_Au~nAr..le.if~ ~d t;J{rfatEfl'led/by j.lod.J'eso/ i<feol0Ji¥ ary.d lffesfyl/s;/a;:;;?' / / 1 17. WHEREAS, scholars agree that the founding concepts of Western Civilization and democracy are drawn from the Bible, whic h is, at the sam e time, a guide to public and individual fulfillment; and WHEREAS, many Americans turn directly to the Bible to learn God's Word for our times and for promises which, they believe, embrace the people of all nations; and WHEREAS, the Laymen's National Bible Committee has developed materials and media messages around the slogan "IF LIFE IS THE QUESTION, THE BIBLE IS THE ANSWER!" for National Bible Week to help people discover the rich truths found in the Bible; f NOW, THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, hereby proclaim the week of Novemb er 18 -25, 1984 as NATIONAL BIBLE WEEK in the City of Englewood and urge all citizens to participat i n this annual observance by reading the Bible and becoming fam i liar with its teachings and principles. GIVEN under my hand and seal the 5th day of November, 1984. ~ 71:~ ~. Otis, Mayor I . • - • 11/s/t d.JM.d... ~{)-~ PROCLAMATION /wH.t'REAfs, wo/'liv/ in;{"im~ ¥ wMcrvba~,;f1'u~ /retdo;rts/ar,/ thr/ate0ed;by gft8les,i idro101iey an( lt'fesfylfs ;fiin<( / { / ( WHEREAS, scholars agree that the founding concepts of Western Civilization and democracy are drawn from the Bible, which is, at the same time, a guide to public and individual fulfillment; and WHEREAS, many Americans turn directly to the Bible to learn God's Word for our times and for promises which, they believe, embrace the people of all nations; and WHEREAS, the Laymen's National Bible Committee has developed materials and media messages around the slogan "IF LIFE IS THE QUESTION, THE BIBLE IS THE ANSWER!" for Nat ional Bible Week to help people discover the rich truths found in the Bible; ' NOW, THEREFORE, I, EUGENE L. OTIS, Mayor Of the City Of Englewood , Colorado, hereby proclaim the week of November 18 -25, 1984 as NATIONAL BIBLE WEEK i n the City of Englewood and urge all citizens to participate in this annual observance by reading the Bible and becoming familiar wi th its teachings and principles . GIVEN under my hand and seal the 5th day of November, 1984. Eugene L. Otis, Mayor • I . ( • • • • ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY 3535 S. Sherman -Englewood, CO 80110 MINUTES September 12, 1984 9 A Board Members Present: Coleman, Holthaus, Kaufman, Mausolf, Neal, Oswald, Owens Board Members Absent : Green, Pendleton, Tomooka Staff Present: P. Dietrich Guests: Dorothy Dalquist , Su san Powers The regular meeting of the EDDA Board of Directors was called to order by Secretary Rachel Owens at 12:07 PM on September 12, 1984. The minutes from the August 1, 1984 meeting we r e presented for approval. Mr. Kaufman moved, seconded by Mrs. Hol thaus, to approve the minutes from the previous meeting . The motion was passed with Mr. Neal abstaining. The Treasurer's Report was presented by Penny Dietrich. Mrs. Holthaus moved, seconded by Mr. Neal, to accept the Treasurer's Report. Ms. Dietrich noted that revenues collected for August and September amount to over $56,000 and will bring the revenues to date more in line with the expenditures. The motion was passed unanimously by voice vote. A contribution of $500.00 to the annual Englewood Parade was discussed. Be- cause this was a budgeted item, no action was necessary. CHAIRMAN'S REPORT Ground Breaking -The Board of Diectors is invited to the ground breaking ceremonies for The Broadway at Cinderella City on October 3, 1984 at 2:00 PM. This will be a major anchor to the shopping center. I • • Page Two Minutes September 12, 1984 • • • Executive Committee Recommendation for EDDA Director -Mr. Coleman moved, seconded by Mr. Kaufman, to recess into an Executive Session. The motion was passed, and the Board recessed into an Executive Session at 12:30 PM. The Board came out of Executive Session at 1:15 PM. Acting upon the recommendation of the Executive Committee, the Board hired Penny Dietrich for the Director of EDDA, effective September 12, 1984. Her salary and benefits will be reviewed by the Executive Committee. A study/work session has been scheduled for the Board on September 19, 1984, at 5:30 PM to review the role of EDDA and to discuss a list of proposed projects. Additionally at this meeting, Ms. Dietrich will present a review of the 1984 budget and a preliminary review of the 1985 budget. The Board indicated that they want to meet with City Council in a work session to review the role of EDDA. A letter will be sent to Mayor Otis to schedule this meeting . DIRECTOR'S REPORT Banners -Because Brady Corporation is preparing a plan for Broadway and Englewood Parkway Improvements that will include streetscape designs, it was decided to wait until this is available before finalizing the design of the banners for South Broadway. Colorado Business Magazine -The decision was made to wait until late spring , 1985, to proceed with this project. ~~rketing Studx -Ms. Dietrich noted that several meetings have been held re- garding the definitions and details of this project. !Xtring the next two weeks pr oject responsibilities and cost estimates will be ready for presentation to the Board. Broadway Facade Improvement Programs -Ms. Dietrich noted that $19,550 plus adminis tration costs have been spent for the Broadway Design Assistance Program , and $18,223 have been spent for the Broadway Low Interest Loan Program. Urban Renewal Authority -Susan Powers indicated that several improvements will be made for the Englewood Parkway regarding the water and sewer lines. Actual cons truction will not begin until 1985. She also noted that a Relocation Synopsis List will be provided on a monthly basis. • I • - ( • Page Three Minutes September 12, 1984 • • • S tatewide Development Corporation -Rachel Owens noted that she has received inquiries regarding this program from a business in En glewood . Because the details of this program are almost completed, the program will be available in the very near future. Economic Brochure -Mr. Neal moved, seconded by Mr. Coleman, to approve the expenditu re for an additional printing of th is brochure. Upon discussion, it was decided to obtain competitive bids for this reprinting. Mr . Coleman moved, seconded by Mr. Kaufman, to postpone this request. The motion was passed. As there was no further business, the meeting was adjourned at 1:45 PM. • I • • ( ( • • • • MINUTES ENGLEWOOD, COLORADO 9 BOARD OF ADJUSTMENT AND APPEALS September 12, 1984 The regular meeting of the Board of Adjustment and Appeals began at 7 :30 p.m. MEMBERS PRESENT: Seymour, Hallagin, Dawson, Fish, Ferguson and Gage. MEMBERS ABSENT: Brown. ALSO PRESENT: Dorothy A. Romans, Staff Advisor Jack Olsen, City Attorney Nancy Reid, Assistant City Attorney Larry D. Yenglin, Planner I Sheryl Rousses, Recording Secretary * * * * * Chairman Gage called the meeting to order and stated that with six members present, five votes would be required to grant a variance . BOARD MEMBER HALLAGIN MOVED THAT THE MINUTES OF THE AUGUST 8, 1984, MEETING BE APPROVED AS WRITTEN . Board Member Dawson seconded the motion. Upon a vote all six members voted in the affirmative, and the Chairman ruled that the Minutes from August 8, 1984 were APPROVED as written. * * * * * BOARD MEMBER SEYMOUR MOVED THAT THE FINDINGS OF FACT IN CASES 22-84 AND 23-84 BE APPROVED AS WRITTEN. Board Member Hallagin seconded the motion. Upon a vote all six members voted in the affirmative, and the Chairman ruled that the Findings of Fact were APPROVED as written. * * * * * The Chairman opened the Public Hearing for Case #24-84. He stated that the Board is authorized to grant or deny a variance by Part 3, Section 60 of the Englewood City Charter. He stated that he had verification of publication and posting for the case, and asked that the staff identify the request. Larry D. Yenglin stated that the applicant was requesting a variance to attach four dwelling units in the R-2-C Zone District, which District permits no more than two units to be attached. The applicant is also requesting variances for th following: Total property: A reduction in the Minimum Lot Frontage from 200 feet to 134 feet • • I • • Units A and D: Units B and C: • • - -2- A reduction in the Minimum Front Yard Setback from 25 feet to 24 feet. A reduction in the Minimum Rear Yard Setback from 25 feet to 20 feet. These are variances from the Comprehensive Zoning Ordinance, Se c tion 22.4-7 b (2) - Permitted Principal Uses ; Section 22.4-7 g (2 ) -Minimum Frontage of Lot; Section 22.4-7 i -Minimum Front Yard and Section 22.4-7 k -Minimum Rear Yard. The Chairman asked that the applicant come forward for testimony. Robert M. Roy III, 3248 South Platte River Drive, was sworn in and stated that in his opinion, the community approves this kind of development, rather than the duplexes that are going up in the area. This will be better looking, more secure and will improve the property values of the neighborhood. There have been no objections from the neighborhood, and the units will be landscaped to be very attrac tive. Mr. Fish asked if the units would be for rent or sale. Mr. Roy said he would sell the units. Mr. Fish asked how the driveways would be maintained. Mr. Roy said that the maintenance will be based on common ownership. There will be party walls only at the garages because the actual living space is not connected. They have provided three parking spaces per home so that it will not be necessary to park in the driveways. The driveways have been increased to 24 feet in width to accommodate fire trucks. They have complied with the requests of the Utilities Department to keep the water and sewer lines ten feet apart. There were no further questions. Dennis Kelley, 2393 West Warren, was sworn in for testimony. He stated that he had met with Mr. Roy concerning the plan. He said he had no objections and the project received a positive score using the Special Permit System evalua tion . He said this would be a good addition to the neighborhood. Mrs. Agnes Vardeman, 2073 West Baker, was sworn in for testimony. She stated that there is plenty of room for the units; they are not crowded on the lots, and she supports this kind of unit. There were no questions, and no further speakers in favor of the request. There were no speakers in opposition to the request. The Chairman included the Staff Report in the Record. The staff had no comments. The Chairman closed the Public Hearing for Case No. 24-84. BOARD MEMBER FISH MOVED THAT THE APPLICANT BE GRANTED A VARIANCE FOR PROPERTY LOCATED AT 2060 WEST ILIFF AVENUE TO ATTACH FOUR DWELLING UNITS IN THE R-2-C ZONE DISTRICT , WHICH DISTRICT PERMITS NO MORE THAN TWO UNITS TO BE ATTACHED. THE APPLICANT SHALL ALSO BE GRANTED VARIANCES FOR THE FOLLOWING: TOTAL PROPERTY: UNITS A AND D: UNITS B AND C: A REDUCTION IN THE MINIMUM LOT FRONTAGE FROM 200 FEET TO 134 FEET. A REDUCTION IN THE MINIMUM FRONT YARD SETBACK FROM 25 FEET TO 24 FEET. A REDUCTION Ul THE MINIMUM REAR YARD SETBACK FJleH 25 FEET TO 20 FEET. THESE ARE VARIANCES FROM THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22.4-7 b (2) -PERMITTED PRINCIPAL USES; SECTION 22.4-7 g (2) -MINIMUM FRONTAGE OF LOT; SECTION 22.4-7 i -MINIMUM FRONT YARD AND SECTION 22.4-7 k -MINIMUM REAR YARD • • I • • f ( • • - -3- Board Member Seymour seconded the motion. Discussion followed. The members voted and gave their findings as foll ows : Mr. Seymour said that he voted in favor of the request because the six co ndi- tions necessary to grant a variance were met, there was support from the neighborhood, and there wer e no objections to the plan. Mr. Hallagin voted "yes" because there would be plenty of parking space, there was no opposition, the neighborhood supported the plan, and the six conditions were met. Mrs. Dawson said she voted "yes" because the six conditions were met; the neighborhood group awarded the plan a positive score using the Special Permit System. There was no opposition, and the lot can easily accommodate the planned units. Mr. Fish stated that the project showed imagination and met the six conditions necessary for the granting of a variance . He said he believed the project will benefit the whole area . Mr. Ferguson voted "yes" because the six conditions were met. It will benefit the area and not injure or alter the character of the neighborhood. It was supported by the Northwest Englewood Committee, and therefore, he voted in favor of granting the variance. When the votes were displayed, all six members had voted in favor of the motion, and the Chairman declared the variances were granted. He instructed Mr. Roy to contact the Building Division for permits. * * * * * The Chairman opened the Public Hearing on Case No . 25-84. He stated that he had proof of posting and publication and asked that the Staff identify the request. Larry D. Yenglin stated that the applicant was requesting permission to divide a property into two separate building sites. The second lot which would be c reated would require a reduction in the minimum frontage from 50 feet to 40 feet, but all the other zoning requirements would be met for both properties. This is a variance from the Comprehensive Zoning Ordinance, Section 22.4-4 f (2) (a) -Minimum Frontage of Lot. The Chairman asked that the applicant come forward for testimony. Bill Arkin, 7688 South Roslyn Court, and Jim Carlson , 5640 South Kingston Way, the applicants and owners of the property, were sworn in for testimony. They stated that the present parcel has 100 feet of frontage on South Clarkson. This is enough frontage for two houses. Because of the way the existing house is situated on th lot, however, there can be only 40 feet allocated for the second house. All other requirements can be met. Mr. Arkin said that it is difficult for the renters to properly maintain the vacant lot . The neighbor adjacent to the lot approves the planned development because it will ease the maintenance of her own property. They plan a single- family one story home for the lot, with between 1,000 and 1,100 square feet. They hope to sell th house to an owner-occupant. Mr. Fish regretted that there wer no plans for the home. Mr. Arkin said they had not wanted to go to the expense of paying for plans until the Board had approved the variance. They are considering a prefabricated house with three bedrooms • • I • • • • • • • -4- Mr. Fish asked if they had considered the possibility of moving the existing house. Mr. Carlson said that this is not feasible. Mr. Arkin said the present house will continue to be owned by them and used as a rental. They assured the Board that the other requirements of the ordinance could be met. There were no further speakers in favor of or opposed to the variance request. The Chairman incorporated the Staff Report into the Record and there were no further comments from the staff. The Chairman closed the Public Hearing on Case No. 25-84. BOARD MEMBER FISH MOVED THAT WILLIAM ARKIN AND JAMES CARLSON BE GRANTED A VARIANCE FOR PROPERTY LOCATED AT 2951 SOUTH CLARKSON STREET, TO PERMIT THE DIVISION OF THAT PROPERTY INTO TWO SEPARATE BUILDING SITES. THE SECOND LOT WHICH WOULD BE CREATED WOULD REQUIRE A REDUCTION IN THE MINIMUM LOT FRONTAGE FROM 50 FEET TO 40 FEET, BUT ALL THE OTHER ZONING REQUIREMENTS WOULD BE MET FOR BOTH PROPERTIES. THIS IS A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22.4-4 f (2) (a) -MINIMUM FRONTAGE OF LOT. Board Member Ferguson seconded the motion. The members discussed the request, saying that the lot will be narrow, but would be permitted in the zoning o rdinance as proposed to be amended. The members gave their findings as follows: Mr. Ferguson said that he voted "yes" because the applicants met the conditions, and would be putting a building on a currently unusable lot. Mr. Fish said he voted "no" because he did not feel the six conditions were met. He said a variance would benefit only the owner, and the maintenance problem exists because the present house is a rental house. Mrs. Dawson voted "yes" because it is likely that the R-1-C part of the ordinance will be amended so that a parcel with 37 feet of frontage could be permissible if there is no other available land. She said that it would not be possible to move the present house. Mr. Hallagin said that he voted "yes" because there are other properties in the neighborhood with similar frontage, and it is good to have more houses built in Englewood. He said the six conditions necessary to grant a variance had been met. Mr. Seymour stated that he voted "yes" because the six conditions were met and the house with its 40 feet of frontage will blend in with the neighborhood. He stressed, however, that the setback requirements must be met. Mr. Gage said that he voted "yes" because he felt that the six conditions were met. The votes were displayed, and five members voted in favor of granting the variance and one member (Mr. Fish) voted in opposition to the variance. 'Ille Chairman ruled that the variance was granted and instructed the applicants to contact the Building Division for permits. • • • • • The Chairman opened the Public Hearing for Case No. 26-84. He stated that the Board is authorized to grant or deny a variance by Part 3, Section 60 of th • I • • r • ( • • • • -5- Englewood Ci t y Cha rter. He asked that the staff identify the request. Mr. Yenglin quoted from the Staff Report that the applicant was requesting permission to store up to eight two-wheel utility trailers on his property, which is in an R-1-C, Single-family residence district. The City of Englewood Comprehensive Zoning Ordinance is a permissive ordinance, and permitted uses are identified at the beginning of each zone distric t. In addition, the fol- lowing section applies to all zone districts: "Section 22.4 Zone Districts Section 22.4-1 Restrictions. No building, structure, or land shall be used and no building or structure shall be repaired, converted, enlarged or maintained except as provided herein." (emphasis added) (from the Comprehensive Zoning Ordinance). This states that permitted uses are specifically identified in each Zone District, and if a use is not listed, it is not permitted. Utility trailers are not a permitted use or permitted accessory use in any residential zone district. Mr. Dulin is claiming that his trailers come under the definition of "hobby- type vehicle". The City is stating that the trailers are not hobby-type vehicles, and, thus, are not permitted in this area, a single-family residence district. You may not have more than one hobby-type vehicle outside a fully enclosed structure, and then it must be covered. The applicant is requesting an interpretation of the following sections of the Englewood Muni cipal Code: Title 6, Chapter 5/Ar ticle 1 -Definition. "(c) "Derelict vehicle" shall mean any vehicle, the owner of which cannot readily be found , not capable of being legally operated on the public streets under th motor vehicle laws of the State. It shall include all vehicles missing wheels, missing or broken windows and/or windshield. It shall not include those vehicles who se only deficien cy is lack of a c urrent lic ense plate or safety sticker and those vehicles in process o f o r that have been modified as hobby-type vehicles." and "(e) "Hobby-type vehicle" is any vehicle of the following type in the process of being built, restored or maintained as a diversion from one's regular occupation for the purpose of relaxation (aircraft, boats, classic cars, experimental cars, off-road vehicles, race cars and derelict vehicles)." and of Title 6, Chapter 5, "Article IV -Anti-Derelict Vehicle Provisions 6-4-30: VEHICLES IN RESIDENTIAL ZONES No person who lives in a residentially-zoned district shall keep a hobby or derelict vehicle, under construction or not, unless it is stored in a fully enclosed garage or similar structure. A person may store the vehicle in a • I • • • • - -6- fully enclosed Aarage or similar structure. A person may store the vehicle in a ca rport o r ope n area if he keeps the vehicle and its parts covered with a canva s or ot her opaque covering. Storage or covering is not required when the vehicle is act ually being worked on. No person shall build, store or maintain more than one derelict or hobb y vehicle outside a fully enclosed garage at each residence in the City. No person shall store or work on any hobby or derelict vehicle within his residence, required front ya rd or any adjacent right-of-way. (Ord. No 75, Se ction 1, Series 1981)" The Chairman asked that the applicant come forward for testimony. Mr. John Dulin, 1109 West Quincy Avenue, came forward and was sworn in . He stated that he is requesting a definition or interpretation of "derelict vehicles and hobby vehicles." He said that he has several types of two-wheeled trailers, and he does not believe that utility trailers such as his fall under the ordinance. He said that the trailers are not hobby vehicles (which are limited in the ordinance to only one) because he does not use them for recreation, and if the trailers are derelict vehicles, he will bring them up to whatever standard the City requires. He stated that his property is much larger than most properties, containing almost a half acre. It is screened on one side by a six foot solid fence. The property to the east has a two- story house, so in spite of the six foot fence, the neighbors can look down on his property, but only from the upstairs windows. Mr . Dulin said that he had been in court "about three years ago, at which time I did have eight two- wheeled trailers in the back yard, and at that time, it was found that there was no ordinance or violation against this." The only changes in the ordinance, Mr. Dulin said, which the City has applied to his case, are the hobby-type or derelict vehicles section . Since his trailers are not either of those, he stated that, in his opinion, his trailers must still be legal. Mr. Dulin said that his request is to continue the use of the eight trailers. The members of the Bo?rd questioned Mr. Dulin concerning how the trailers are being used. Mr. Dulin said some of them are used for storage, and some of them for hauling goods both on and off the property. Mr. Hal lag in asked if there had been any signs of rodents. Mr. Dulin stated that on two different occasions Tri-County Health had looked for signs of rodents and found nothing. On one of these occasions , the Englewood Code Enforcement Officer, Hershel Brewer, had also found nothing. Mr. Seymour asked if Mr. Dulin thought his property is in bad condition . Mr. Dulin said that from his neighbor's second story window is "the only area that anybody on any side, outside of being in the property walking around the back yard, can get a full view. If you stand on the north side of the park you see firewood and th back of a shed and the back of my van and a couple of trailers. You stand in one driveway and you can see maybe the one trailer which is currently missing." Mr. Seymour quoted from a letter from Tri-County Health which stated that, while there i no cu rrent sign of rodents, "this property does, however, offer a high potential for rodent harborage. There are numerous wood piles, several cars and trailer , high weed growth and a pile of cans which offer excellent cover and shelter for rodents." Mr. Dulin said that the last three Code Enforcem nt Offic rs all d m d the firewood legal. He said the cans would be remov d, and th only weeds left are around the edges, which he will cut. Over th n xt f w w ks, th condition of his property should be improved, h • I • • ( ( • • • - -7- There were no further questions of the applicant. Mr. Ferguson requested clarification of what the request entailed. The Chairman said that the Board needs an interpretation of the request. Mr. Olsen said that he would recommend that the Public Hearing be closed, and then the Board could discuss the matter and ask the staff to give an interpre- tation. The Chairman asked if they had to go through the whole hearing without knowing what the request actually would require of the Board. Mr. Olsen said that if the Board goes through this with every witness, they would be there until 2:00 in the mo rning. He suggested that the Board hear everything and then discuss it after all the Public Hearing is closed by motion, second, and vote of the body. Mr. Ferg uson said "motion, second and vote of the body, and we still don't know what's going on ." Mr. Olsen said "then you can have the staff" •.. Mr. Ferguson and Mr. Seymour said that they cannot make a motion and vote, when they are no t clear about the request. Mr. Olsen said that the Public Hearing could then be closed and the matter discussed. He suggested that the Board ask the applicant to complete his testimony and sit down, then ask the staff what part of the ordinance applies to his property. Mr. Gage asked about other witnesses. Mr. Olsen said they could also testify, and the Public Hearing should be closed . He said "If you try to respond to the applicant's specific questions in detail like this you'll .•• " Mr. Ferguson said that "the applicant has a right of rebuttal, so he can come back up again . If we have questions of him we can call him up." Mr. Olsen said "he does not have the right of rebuttal." Mr. Ferguson asked if the Board could call him back for questions. Mr. Olsen said yes, "you can summon him back in light of anything someone else said or any inquiries, and you can convey to him any questions anyone else has, too." He said that Mr. Dulin is trying to say that he does no t fall within the ordinance, because he falls within the exception (derelict vehicle). Mr. Dulin said that it is not spelled out . The Chairman said the Board had no further questions of the applicant. He asked if there were any person present who wished to speak in favor of the request. No one came forward. He asked if anyone wished to speak in opposition to the request. Mr. Doyle Irwin, 1101 West Quincy Avenue, came fo rward to testify . He stated that he lives on the east side of Mr. Dulin's property. On the other side of Mr. Irwin's property is Jason Park. He stated that the whole neighborhood is well kept except Mr. Dulin's property. He entered Exhibit I into evidence . This exhibit contained eigh t pictures of different views of Mr. Dulin's property. Mr. Irwin said that one of them (Picture Hl) was taken from his ground floor dining room. He said the other pictures show different views from the front to the back of the property. He said that several trailers can be seen, a number of whi ch are loaded with various things. Some of the trailers and stored items have not been moved for years. One of the trailers (Picture //8) showed a "derelict trailer" which was put in that location when Mr. Dulin moved into the neighborhood and has not been moved since. Mr. Irwin said that Mr. Dulin hauls trash in and piles it on the property. This has been a continual problem, and Mr. Dulin has been in court more than once. Mr. Irwin submitted petitions containing 89 signatures of people • I • • • - -8- in opposition to the request. Mr. Olsen asked to look at the petitions to see "if the signatures were presented under oath so that the record may reflect if they were or were not." Mr. Irwin handed the petitions to Mr. Olsen, who said "It does appear that they were not presented under oath. Because they're hearsay petitions and not under oath, the Board should take that into consideration as it weighs that evidence." Mr. Irwin asked for an explanation. Mr. Olsen said that "testimony before the Board or any assertions made to it is supposed to be under oath, but they may hear hearsay evidence, but they should weight whether it was under oath, and whether those people were here themselves tonight to testify." Mr. Irwin said that the Dulin property has been bad even though the City has tried to supervise the situation. If the Board gives permission for the trailers, Mr. Dulin will make the property even worse. Mr. Ferguson said that if the eight trailers are moved, the things in the trailers might be put on the ground. The c ondition of the property does not hinge on the eight trailers. Mr . Irwin said that there can be some control of the materials on the ground, and the trailers look bad. Mr. Seymour asked if Mr. Irwin circulated the petitions himself. Mr. Irwin said he circulated one, his wife circulated a second, and some people on the south side of Quincy circulated the ones containing signatures from people from that side of the street. Mr. Irwin said there were other people from the neighborhood present . Phyllis J. Eng el , 1150 West Radcliff Avenue, was sworn in for testimony. She said that some of the ''trash" can be seen in the back yard from the street. She said that the neighborhood can't be kept livable with this kind of problem. There were no questions of Mrs. Engel. There were no further speakers. The Chairman asked for a show of hands of people in opposition to the request. There were seven. Mr. Olsen said this could not be taken into consideration without names of each of those persons, who must also be sworn in. The Chairman declared a recess to discuss this matter at 9:15 p.m. The Chairman reconvened the meeting at 9:27 p.m., with the same members present. Mr . Brown was also present, but did not take part in the Public Hearing for Case No. 26-84, because he had not been present from the beginning of the Hearing. The Chairman instructed the Secretary to send around the audience two papers which would be signed either in opposition or in favor of the request. There were nine people opposing the request: Elizabeth F. Kudalis, James Jensen, John Wm. Engel, Phyllis J. Engel, Henrietta Jensen, Deborah Neyer, Steve Neyer, Geraldine A. Irwin and Doyle W. Irwin. There was one person, John E. Sailor, supporting Mr. Dulin's request. The Chairman incorporated the Staff Report into the Record and asked if the staff had any comments . Dorothy A. Romans, Assistant Director of Community Development, was sworn in for testimony. She stated that five different Code Enforcement Officers have worked with Mr. Dulin: Susie Schnieder, Mary Ann Pysell, Hershel Brewer, Greg Rasmussen and, now, Tom Rusk. Mr. Dulin has appeared in Municipal Court on several occasions, and because there have been so many enforcing officers, the court case has been clouded. This is why it has been determined that the • I • • ( ( • • • - -9- matter should begin again. Mr. Rusk is a new Code Enforcement Officer and he is n ot clear about the work done by previous officers in relation to this case. The City would like to begin with the eight trailers. In order to start the case with the trailers, Mr. Dulin was asked to take the case to the Board of Adjustment for an interpretation of the ordinance as to hobby vehicles. The applicant is also asking for a variance, if necessary, granting permission to keep eight trailers. The Prosecuting Attorney did suggest that the Board be given the complete record of the history of the cases which have been before the Court. Mrs. Romans said that a permissive zoning ordinance does not permit anything not addressed in the ordinance and the Englewood ordinance does not specifically address utility trailers. It does state that commercial vehicles exceeding 3/4 ton carrying capacity cannot be stored on the property. If a utility trailer is a hobby vehicle, in which case a trailer would be permitted, the owner may have only one such vehicle. She said that Mr. Dulin wants the Board to decide if the ordinance applies to his vehicles. If it does, he wants a variance to permit eight trailers. Mrs. Romans said that, in her opinion, Mr. Dulin's trailers are not "derelict." The Board discussed whether they had the power to interpret the ordinance. Mr. Olsen said the Board can interpret it, and then, if they find the inter- pretation would forbid this use, then an exemption can be considered. He stated that the Board could also continue the Public Hearing, requesting a legal opinion from Mr. Olsen, and ask for further research or testimony. Mr. Ferguson said that what the applicant wants is permission to store eight trailers. Mr. Olsen said the Board can consider what the trailers are, and it was not necessary to attach specific labels to them. Mr. Seymour said the judge instructed Mr. Dulin to come before the Board to obtain an interpretation. Mr. Olsen said "whether Judge Parkinson instructed him to come to the Board is irrelevant. His (Mr . Dulin's) judicial rights regarding this matter lie in the District Court for Arapahoe County, not in this Municipal Court. I don't know why Judge Parkinson did that, but it should not affect your ruling in any way whatsoever." The Board discussed options and the request. Mr. Olsen said that the Board can grant a part of the request, for example, not eight, but a smaller number, with conditions as the Board wishes. BOARD MEMBER HAlLAGIN MOVED TO CONTINUE CASE NO. 26-84 TO THE FOLLOWING MEETING ON OCTOBER 10, 1984. Board Member Dawson seconded the motion. Upon a vote, four members voted in favor of the motion, and two members voted in opposition. The Chairman ruled the case would be continued until October 10, 1984. Inasmuch as a date certain has been announced, further posting and publication will not be necessary for Case No. 26-84. The Board requested a written opinion from the City Attorney concerning the matter. Mrs. Engel asked if it would be necessary for the opposition speakers to attend that m eting. The Chairman said he did not think it would be necessary, but they are welcome to do so. • • • • • • I • • • - -1 0- The Chairman opened the Public Hearing on Case No. 28 -84 and stated that five votes would be required t o g rant a variance. The Chairman said that the Board is a uthorized t o grant o r deny a variance by Part 3, Se c tion 60, of the En glewood City Charter. He asked that the staff identify the request. Mr. Yen g lin stat e d that the applicant is requesting a variance to allow the parking of his tow truck (Secretary 's note. The applicant later requested this t o be changed to tw o tow trucks.) in his driveway at 4325 South Kalamath. This is a varian ce from the Comp rehensive Zoning Or dinance, Section 22.4-4 1 (1) Accessory Buildings and Permitted Accessor y Uses . The Chairman asked the applicant to come forward . Mr. John Sailo r, 4325 South Kalamath wa s sworn in for testimony. He stated that he tows cars for the Cities of Sheridan and Englewood and the Colorado State Patrol. He is allowed only a 15-20 minute response time. If he has to go to a second location t o reach his truck, he cannot meet the time requirement. He does, at times, store c ars and his truc ks at 3237 South Santa Fe. Mr. Ferguson asked if there co uld be an office at that location. Mr. Sa ilor said there could not be a n office. Mr. Gage asked what Mr. Sailor does with a vehicle when he tows it. He said he used to take it home until morning, but now usually takes it to the storage lot. He does occasionally stop by the house with the truck and towed vehicle while he has a sandwich o r a cup of cof fee. He said he no longer keeps the vehicles on his property fo r more than a few minu t es . Mr. Ferguson asked if there are facilities that would substitute for the use of the house . Mr. Sailor ' said there are no t. Mr. Ferguson said that the applicant is operating a business out of his home . Mr. Sailor said that the Code Enforcement Officer told him that, while no thing could be p icked up o r delivered, the u se of the telephone was all right. Mr . Hallagin asked if Mr. Sailor did mechanical work on the property. Mr. Sailor said he works only on his own personal vehicle. Mr. Gag e asked how many tow trucks Mr . Sailor has at the house. Mr. Sailor said that he has two, and his son, who lives with him , runs the other truck. He requested that the wording of the request be changed to allow two tow trucks. Mr. Brown asked if there are calls at night. Mr. Sailor said there are. Mr. Brown said this would disturb th e neighbo rhood. There were no further questions. The Chairman asked if there were any further speakers in favor of the variance. John Dulin, 1109 West Quincy, was sworn in for testimony. He said that he is a neighbor. He also goes in and out, and other neighbors do the same thing. He stated that, when Mr. Sailor goes in and out at night, it makes the neig h- borhood safer because it acts as a Crime Watch . He said that Mr. Sailor does not run his vehicle at excessive speed or cause a lot of noise. He said that where Mr. Sailor parks does not matter. There were no further speakers in favor of granting the variance . The Chairman asked if there were any speakers in opposition. Ms. Phyllis J. Engel, 1150 West Radcliff Avenue, was sworn in for testimony. She stated that since Mr. Sailor's application, things have been better as he has stopped using the two-way radio. She said that Mr. Sailor is not the owne r of the property. Mr. Sailor works on cars in the driveway. She wants to keep the neighborhood from becoming a slum . She said that recently within an hour a tow truck went out of the driveway three times. She said that she has seen • I • • { ( ( • • • • -l l- people other than Mr . Sailo r a nd his son driving the truc k. The day befo r e the meeting a truc k t owed a van a nd parked it briefly in the street. The two-way radio can be heard a block away . She had submitted a petition whi ch was i n cluded in the Staff Report with signatures of owne r s a nd occupants of the neighborhood who a re in opposi tio n to the requ es t. She s1 id tha t, if Mr. Sailor is allowed to run a business from his home , she and he r family , who own a business on Hampde n Ave nue, should be allowed to do the same th ing . The Sailors have occasionally pa r k ed their truck s in fron t of their neighbors ' homes. She submitted pic t u r es , Exhibi ts 1-8, showing the two trucks parked o n t he s treet and in t he d r iveway , a n d cars being repaired on the property . There were no fu rthe r ques t ions of Mrs. En g el. Th e Chairman asked if there were any o ther persons wishing to speak i n opposi t ion to t h e reque s t. Mr. Steve Neye r, 433 0 South Lipa n, was swo rn i n for t es timony . He asked i f it is legal for an individual to ask for a variance from property he does n o t own . Mr. Olsen said, "the purpose of the Public Hearing is not to answe r inquiries from the Public. If this g entleman has something he wants to say to you , fine. If he's seeking an interpretation from the staff, he could ask that here, off the record, in between or tomorrow during office hours." Mr . Neyer stated that Mr. Sailor is a detriment to the nei ghbors' qualit y of life and property values. He said the trucks have been driven i n a rec k les s manner. Mr. Sailo r's sto r age lot i s cu rre ntly be ing of fered for lease o r sale. Mr. Neye r a lso has a b u s iness and pays e xtra rent t o have that business in the proper area . The re were no questions o f Mr. Neye r. Ms. Beth Kudalis, 4320 So uth Kalamath, stated that Mr. Sailo r admitted he is running a business, and, she said , that until recently Mr. Sailor was storing wrecked car s in the ne ighborhoo d. She lives across the street, and many t i mes had two wre cked cars parked i n front of her house. She o bjects to the noise, which awa kens her a t night. She s a id the truc ks are deleterious to the appea r a nc e of the neighborhood. There were no questions of Ms. Kudalis. ~Ir. James Jensen, 4375 South Kalamath, objected to having a business operated in a single-family residential neighborhood. There were no questio ns of Mr . Jensen. There were no further speakers in o pposition to the variance. The Chairman i n corporated the Staff Report into the Re cord. There were no furthe r comme nts f r om the staff. The Chairman closed the Public Hearing on Case No . 28-84. BOARD MEMBER SEYMOUR MOVED THAT THE APPLICANT BE GRANTED A VA RI ANCE TO ALLOW THE PARKING OF HIS TWO TOW TRUCKS IN HIS DRIV EWAY AT 4325 SOUTH KALAMATH STREET. Board Member Hallagin second e d the motion. The members voted, and gave their findings as follow s: Mr . Seymour s tated that none of the six conditions were met, and there was no hardship. It only benefitted the applicant , there were no unique circum- stances , the property can be reasonably 1sed without the variance, the purposes of the ordinance would be weakened, the essential cha r acter of the district would be altered, and adjacent conforming property wo uld be injured. Mr. Hallagin voted "no" because the trucks a r e comme r cial a nd cause increased noise in the neighborhood. He said the six conditions had not been met • • I • • • • • • -1 2 - Mr. Brown said that a connnercial vehicle of this size should not be permitted in a residential zone. Granting a variance would weaken the ordinance. Mrs. Dawson voted "no " because the variance would weaken the ordinance, and the applicant did not meet any of the conditions. Mr. Fish stated that he voted "no" because granting a variance would weaken the ordinance. The applicant did not meet any of the conditions necessary for a variance. Mr. Ferguson voted "no", concurring point by point with Mr. Seymour. Mr. Gage stated that none of the six conditions had been met, and passing the variance would weaken the ordinance. The votes were displayed and all seven members v oted in opposition to granting the variance . The Chairman ruled that the variance was denied. The applicant asked how he could appeal the decision. Jack Olsen stated that the decision could be appealed within 30 days to Arapahoe County District Court. * * * * * There was no Director's Choice. Chairman Gage announced that he has found it necessary to resign as Chairman of the Board of Adjustment and Appeals because he has been appointed to the Board of Directors for Wood, Inc. He is not resigning from the Board at this time. Vice Chairman Brown suggested nominating a new Chairman. BOARD MEMBER SEYMOUR MOVED THAT MR. FISH BE CHAIRMAN OF THE BOARD OF ADJUST- MENT AND APPEALS. Board Member Brown seconded the motion. Mr. Fish was elected unanimously by a voice vote. The meeting adjourned at 10:26 p.m. Recording Secr e tary • I • • r ( • • • - Englewood Parks and Recreatioo Cornnission Minutes of September 13, 1984 9 , I The regular l!Dl1thly ireeting of the EnglE!l.olOOd Parks and Recreati0i1 Ccmnission was called to order at 5 :30 p.m . by Chairman Poole at the EnglE!l.olOOd lllnicipal Golf Course ClubOOu.se . Members present : Allen, Gemes, Higday, Poole, Radenacher, Ranans, ex officio Ma:rbers absent : Boardnan, Bradshaw, Hixon, lbward Also present: Ibug Foe, Assistant Director of Parks and Recreation Leoo. Kuhn, Assistant Director of Parks and Recreation Ken Ballard, Recreation Supervisor Bob Seams. Urban Edges Mary Carter. Mayor of Bow Mar & 01airman of the South Suburban Park Foundation Chairman Poole asked if there -were any additions or corrections to the minutes of July 12, 1984 . There 'Were none. A motion was made and seconded that the minutes be approved as presented. The motion passed . Chairman Poole introduced Mary Carter. Mayor of Bow Mar and Chairman of the South Suburban Park Foundation, and Bob Seams of Urban Edges . Poole explained that they are present to represent the South Suburban Park Foundation. Director Ranans reported that $100, 000 has been awarded to EnglE!l.olOOd by the Golorado State Trail Fund to help in the con- struction of the South Platte River Trail fran Harrc>den Avenue south to Belleview Avenue . Director Rana:ns stated that the Greenway Foundation has expressed that they ~d like to help in the construction of the trail as far south as possible and ~d like to help the City raise funds to construct the trail fran Hamilton Place south to Belleview Avenue rather than Oxford Avenue as was originally planned. Director Ranans discussed this plan with City Manager 1-t:Cown and Assistant City Manager Vargas and they felt that if the Cornniss ion is in agreenent, this i.iould be the most feasible approach to ca:rq>leting the project through EnglE!l.olOOd . Rana:ns explairied that allotted funds for the project fran the Golorado State Trail Fund ($100 , 000) and the Gorps of Engineers ($73, 000) are contin- gent on the City being responsible for Wilding the project and approval of the bids, although the City can contract with the Greenway Foundation for assistance. Bob Seams of Urban Edges showed a slide presentation to give the Q:mnission an i.de.a • , I • • Engl~ Parks and Recreation Cc.mnission Minutes of Sept ember 13, 1984 Page -2- • • • ( of what the trail area looked like one year ago before construction began ccnpared to the new trail now constructed in the Satre area between Bates Averr.Je and Hanpden Avenue. ( Seams stated that plaques have been placed on the trail cO!lllelDrating the many people and organizations that have ccntributed funds to the trail construction process . Seams stated that the ultimate mission of the Greenway Foundation is to construct the trail to Oiat- field Reservoir ~ch \olOuld then create a continuous river greenway fran Oiatfield Dam through Denver and connecting to the Bear Creek and Cherry Creek trail systems . Seams explained it is the intent of the Foundation to construct a high quality trail which will be durable and attractive, and this year will be constructing approximately three times the quantity of trail over last year, ~ch will include a comection to the old golf club rouse. The budget will be approximately $800,000 this year, alnDst twice that of last year. Mary Carter expressed the appreciation of the Greenway Foundation to all the lll.ll'lic- ipalities that have contributed to the trail system tlrus far. Carter reported that in addition to ounicipalities, the Foundation has applied to the Gates Foundation, wt'D con- tributed $125,000 to the trail system previously, for additional funds. It has been Gates' pattern with the 10 mile Denver trail to contribute funds tiire after tiire when each section of trail is ~lete. She feel_s the Foundation has a ·good record with Gates and is hopeful that they will contribute to the EnglE!l.OOd trail as "1ell . She explained that in addition to the Platte River Greenway Trail System, there will be four trail loops on the "1e St side o f the river and four oo. the east side similar to the Bear Creek trail loop, to fonn a hike/bike trail net\olt>rk over the entire metro area . Bob Seams stated that in a ddition to the $100,000 fran the Colorado State Trail F\Jnd allotted for the Engl~ trail, and $73,000 fran the Corps of Engineers, the Foundatioo. will approach , others , the Gates Foundation, the State for an additional $150,000-$200,000, City o f Uttle t on , South Suburban Recreat ion and Park District, Greert\olOOCl Village , Cherry Hills Villag , Bow Mar, Co l unbine , Corps of Engineers, and the Hig™ay Deparorent for contributions t o caq:ilete the trail . After d iscuss ioo., Q:mni.ssioner Allen made a m:>tion , seconded by Coomissione.r canes • • I • • ( ( • Englew:x>d Parks and Recreation Ccmnission Minutes of Septenber 13, 1984 Page -3- • • • tha a rec.cmrendation be made to City Council that a subsidy in the atmt.nt of $100, 000 be granted to the South Suburban Park Foundation to assist in construction of the South Platte River trail fran Ha:qxien Avenue to Belleview Avenue . The notion passed . Olairman Poole read a nero he received frCIII Ccmni.ssioner Bradshaw , "WOO was unable to attend the Camri..ssion meeting due to a speaking engagmient at the National League of Cities in San Antonio, Texas . The mem:i expressed Bradshaw's request that the Parks and Recreation Deparonent' s Jr . ~rican policy, which states that the program is for Engle- ~ residents only, be discussed at the Ccmni.ssion meeting. Bradshaw stated in the mem:i that she believes the p:>licy should be rewritten to allow non-residents to participate in the program to ensure that the program will not be cancelled due to insufficient enroll- nent of Englew:x>d residents . In discussion, Recreation Supervisor Ballard explained that the Jr . ~ican program is eJCatpt frCIII the fee recovery policy of 25'7.. Englewood res- idalts are paying $10 per sp:>rt beginning with the 1984-85 season . Ballard quoted direct costs per child of $71 .56 and indirect costs (aaninistrative costs, other salaries, etc .) per child of $92 .44 for a total cost of $164.00 per child to play football. It was felt by the Ccmni.ssion that not many , if any non-residalts '-Ulll.d be able to pay the fee of $164, and also that there was a p:>ssibility that there could be legal questions concerning the difference in the resi dent and tn"l-.residalt fees. Ccmni.ssioner Higday asked what the line of reasoning was ~ the policy was estab- lished for keeping the Junior/Senior American program open only to Englewood residents . Director Ranans stated it was the request of the School Di.strict in years past 'Nhen the program was initiated that the sports program remain within the scmol population, in order that ~tition '"°'11.d be within the scmols. After considerable discussion. Ccmni.ssioner Higday made a m>tion, seconded by Ccmni.ssioner Ganes , that the Ccmnission reaffirm its support for the current policy which states that the Junior/Senior ~ican program is open to Engl~ youth only . The m>tion passed with four ayes and ooe nay fran Ccmni.ssiai.er Allen . Director Ranans rep:>rted that the State sponsored daronstration trail has been can- pleted and was officially open for public use on August 18, 1984 . • I • • ( Engl~od Parks and Recreation Ccmnission Minutes of Septanber 13 , 1984 Page -4- • • - c.oncei:ning applicat ions for the two youth representat ive vacancies on the Parks and Recreation Ccmnis s ion, Assistant Director Foe reported that only two applications have been received . Foe stated that advertisements "11:!re put in the Engle..uod Citizen , Engle..uod Sentinel , Littleton Independent and Neighbors section of the Denver Post . Director Ranans asked that the two City Council representatives and two Scrool Board representatives of the Ccmnission meet soon and interview the two applicants and report on their appoinonent to the Ccmnission so that the two ch:>sen can attend the next Ccmni.ssion ~ting on October 11, 1984 . Concerning the 1984 lottery finds received by the Parks and Recreation Deparonent frcxn the State Lottery, Director Rcmans reported that he met with the Parks and Recreat ion staff t o establish their list of suggested projects (copy included in the Ccmniss ion's packet) to utilize these funds . Ranans added two itan.s to the list : 1) golf course range lights ($65 ,000), and 2) golf course lakes~ for SpringtinE high water level ($124, 000). He stated that the lights taken frooi the Belleview Park ballfield could not be reused at the go lf course because contractors making repairs of the fixtures had diff- iculty replacing sockets and o ther parts, and also because the lighting system was in- e fficient in that the cost o f operating the lights a t Belleview was $5 , 000 per year '#here- in i t is now $2, 200 per year with the new fixtures. Director Rcmans explained that the s taff 's lis t o f suggest ed projects for use of funding fran lottery uoni.es is to be reviewed and discussed by the Ccmnission to determine the Ccmnission's priorities which will be presented to City Manager It:~. After a very thorough discussion of each item on the staff's list, changes "11:!re made resulting in the following list of Ccmnission' s reccmnendations (in priority order): 1. Golf course range lights ($65,000). 2. Constructicn of a permanent nature center in the nature area of Be lleview Park ($175,000). 3 . Landscape and terrace slopes at Belleview Park ($130,000). 4 . Construct two n ew softball fields "11:!St of golf course r ange ($300,000). 5 . Golf course lakes pl.Ill' for SpringtinE high water level ($124,000). • • I • Englewood Parks and Recreation Ccmnission Minutes of September 13, 1984 Page -5- • • - 6. Purchase of a small bus for recreation activities ($31, 000). 7. Construct Centennial Park Phase III ($91,000). 8. Renovate Miller Field with new irrigation system ($85, 000). 9. Add fitness rOCIIlS to Malley Center ($195,000 to $250,000). A IIOtion was made by Ccmnissioner Higday, seconded by Ccmnissioner Allen, to present this list of Ccmnission' s recomnended priorities for use of lottery fl.l'lds to City Manager lt:Cown and City Qruncil for review. The IIDtion passed. C.OOCeming an application to Arapahoe Ccn.nty for lottery flnds allotted to the county for projects that will service sane or nost of the COl.nty, the Ccmnission, after sooie discussion, agreed that a bus for use by Malley Senior Recreation Center, 'Which serves county residents, ~uld be a practical use for these funds if they are made available to the City. Assistant Director Kuhn reviewed the Parks Budget Analysis sheet 'Nhlch was included in the Ccmnission' s packets. Kuhn stated the decrease of 38'7. on persormel services was due to an exanination of the arrount of ITD!ley that had been budgeted in the past for over- tilre services and brought it rrore into line with what would actually be needed, barring any emergency conditions 'Nhich w;,uld call for a large annmt qf over-time. Kuhn stated a 7 . 4% increase in camodities is due t:O the increased cost of plunbing and electrical supplies, building repair material, etc. Kuhn stated there is a decrease of .46% in ccntractual services. Kuhn explained that the 24% increase in capital outlay over 1984 will help to bring Engl~d's facilities up to standard and make than as efficiently operational as possible. Kuhn stated that his requests for the part-time greenh:ru.se ~rker position to be made into a full-time position, along with fl.l'lds to maintain the • new Englewood Parl<ley, were discussed with Assistant City Manager Vargas . Mr. Vargas indicated that these positions w;,uld be reviewed again when the Parkway was \Ilder construct- ion and that c.ouncn 1oUUld be approached to fund the positions . Capital irrprovenent items sulxnitted for 1986 included the replacellelt of deteriorating playground equipnent. Miller Field irrigation and drainage 'Which is in poor coodition due to extraIEly heavy use througrout the year by recreation programs. and poles and light fixtures of Belleview • I • • Engl~ Parks and Recreation Coomission Minutes of Septanber 13, 1984 Page -6- • • • Park term.is courts 'llOhl.ch are in poor condition and replacEm'!!lt parts are difficult to find . These items will be looked at by Mr . Vargas in future budgets . Kuhn reported that the Detention Pend does need a new tIOWer that can operate cn the slopes. This item has been included in the 1985 proposed budget . A possibility exists that with $13, 000 expected from the Urban Drainage District in Septeuber, the slope nower might be purchased in 1984 rather than 1985 . Ccmnissioner Higday inquired aboot the repair of the fence at Skerritt Park stating that it has been quite sare time since it was danaged. Also the hand rail tnder the Broadway bridge is da:naged . Assistant Director Kuhn stated he was infonred by the State Higl"way Department that they "loOll.d make the repairs and he stated he \\.Ulll.d check with thsn again . Assistant Director Foe reviewed the Recreation Division 1985 OOdget . He stated that t the decrease in contractuals in 1985 request carpared to the 1984 revised estimate is due to the fact that the department will not be paying utilities at Engl~ High Scrool pool or at funcan Building in 1985 . He stated capital outlay items requested in 1985 \olere the replacenent of the folding roan divider a t Malley Center, three calculators for Malley Center, and a staff shower for Malley Center . He ex.plained tl)at the shower is necessary because of the fitness classes each day a t Malley . Foe stated that of the three items requested, the folding door and shower ""1ere approved . • Ccmnissioner Allen asked \iierl the opening of the camunity center is scheduled and Mr . Rcrnans stated that if everything continues on schedule, it will be in Jaruiary of 1985. Assistant Director Kuhn stated that l!Dst landscaping for the center is planned for this Fall but that if the construction project does not proceed oo schedule, it may bec<m:! too late in the Fall for planting . Kuhn believes that if freezing weather conditions are present at the tirre of planting, they could expect a loss of up to 157.. He stated that large tree plantings will take place in the Spring. He stated that Fall planting is scheduled for October 15-31. Director Ranans stated that power lines at the caim.nity center site need to be installed lrlder grOll'ld to :ilq>rov the outside appearance of the camunity center building . • I . • - • • Englewood Parks and Recreation CJ.:mnission Minutes of Septeri>er 13, 1984 Page -7- • • • Assistant Director Kuhn stated that landscaping possibilities in front of the building will be limited because of the power lines if they are not put under ground . lhder Ccmnissioner's cl¥:>ice, Ccmnissioner Higday expressed that he feels the Deten- tion Pond is a very beautiful facility and a definite asset to the east part of tCMn . Recreation Supervisor Ballard added that the men's flag football progran began this past weekend at the Detention Pond field and he received many favorable cmments on the field frcm the players. • Ballard reported that he received~ frcm Jim Phillipe, Director of Property Services for Englewood Schools , that the Sall.or Anerican football program will have to be noved fran the Englewood High School football field (not the Detention Pond) because he feels the field is getting too llllCh wear and tear . Ballard stated that the Sr . American football progran uses the field only six tines during the season and the players use rubber soccer shoes instead of cleats. Ballard feels the use of the high scl¥:>ol facility has many benefits for the players and spectators of the Sr. Anerican progran. Ccmnissioner Ganes stated he lliO\ll.d bring this matter up at the next School Board meeting . The meeting adjourned at 8 :10 p.m . • I . • t • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION September 18, 1984 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Conunission was called to order at 7:00 P. M. by Chairman McBrayer. Members present: Barbre, Carson, Magnuson, McBrayer, Stoel, Tanguma, Venard, Allen Romans, Assistant Director of Community Development Members absent: Becker Also present: Senior Planner Susan T. King City Attorney Olsen II. APPROVAL OF MINUTES. September 5, 1984 Mr. McBrayer stated that the Minutes of September 5, 1984 were to be considered for approval. Mr. Venard stated that on Page 3, 119, the word "expended" should be "expanded". Carson moved: Stoel seconded: The Minutes of September 5, 1984 be approved as amended on Page 3, #9. AYES: Carson, Magnuson, Stoel, Tanguma, Venard, Allen, Barbre NAYS: None ABSTAIN: McBrayer ABSENT: Becker The motion carried. III. TIDWELL REZONING R-1-C to R-2 Carson moved: CASE 032-84 Tanguma seconded: The Public Hearing on Case U32 -84 be opened. AYES: Carson, Magnuson, McBrayer, Stoel, Tanguma, Venard, Allen, Barbre NAYS: None ABSTAIN: None ABSENT: Becker The motion carried. Mr. McBrayer stated that legal notice of the Public Hearing was published in the Englewood Sentinel on August 29, 1984; Certification of Posting has been submitted, and will be made a part of the record of this Hearing. Mr. McBrayer asked that the staff report also be included in the record of th Hearing. • 9 D 1 I • • • • • - -2- The request is to rezone approximately 1.5 acres from R-1-C, Single- family Residence, to R-2, Medium Density Residence . The application was filed by John D. and Charlotte Tidwell, 2720 West Union Avenue, Englewood, Colorado, who are owners of part of the subject property. Mr. McBrayer reviewed the courses of action open to the Commission in considering the rezoning request: 1) The Commission may recommend the rezoning request be approved and refer the recommendation to the City Council; 2) the Commission may recommend the rezoning request be ap- proved with conditions, and refer said recommendation to the City Council; 3) the Commission may refer the matter back to the applicant. Mr. McBrayer asked that anyone addressing the Commission on the matter of the rezoning request come to the podium and be sworn in, and that all testimony pertain to the matter of the rezoning. Mr. McBrayer asked if Commission members had any quesions regarding the staff report. No questions were posed by Commission members. Mr. McBrayer asked if staff had anything to add in regard to the case under consideration. Mrs. Romans stated that she would reserve the right to speak later. Mr. McBrayer then asked the applicant to come forth and present his request. Anthony Gengaro 3320 East Second Avenue -was sworn in, and testified that he is representing th e property o wners. Mr. Gengaro stated that his firm, Gengaro & Asso c iates, is a Planning Co nsulting firm, which was hired by Mr. and Mrs. Tidw 11 t o study their area and recommend the type of de- velopment that was felt best for the area. Mr. Gengaro stated that he had prepared a slide show of the subjec t area, depicting the present development, surrounding development, streets, and character of the neighborhood. Mr. Ge ngaro presented these slides . Mr. Gengaro stated that Mr. and Mrs. Tidwell have been considering the potential development of their property, and in viewing various recent developments in the Denver metro area, determined that they liked the development at South Sheridan Boulevard and West Arkansas Avenue, which development was done by Gengaro & Associates. It was at this point that Mr. and Mrs. Tidwell contracted with Gengaro & Associates to have the study done o n their property and the surrounding area. The study which Gengaro & Associates did indicates that the proper development for this site would be a medium density residential use, owner occupied units, with landscaped common areas. It should be developed in a like or compatible scale and character bo the existing neighborhood. To accomplish these objectives , a change of zone classification is needed. With the consent of the adjoining property owners, Mr. Whitby and Mrs. Green, and Mr. and Mrs. Parr, the application for a rezoning from R-1-C, Single-family Resi- dence, to R-2, Medium Density Residence, has been filed, which would al- low the type of development they propose. Mr. Gengaro stated that all property owners in the subject area were con- tacted, and no opposition was xpressed; Mrs. Green did express some res- ervation to the proposed rezoning, but no actual opposition. Mr. Gengaro • I • • (• • • • • - -3- stated that Mrs. Green presently raises Afghan hounds, and does no t want to have to move. Mr. Parr has filed a rezoning application for the large block of properth which he owns, also requesting a change of zone classi- fication from R-1-C to R-2. Mr . Gengaro discussed the development ad- joining the subject site, and the existing development and proposed de- velopment to the south of Mr. Parr's property in Littleton. Mr. Gengaro stated that the Planning staff suggested that he and his constituents contacted the adjoining property owners to see if some consensus could be reached by the property owners on the projected zoning and development of the area. Mr. Gengaro stated that the requested R-2 is con tiguous to existing zoning to the immediate north, and will serve as a buffer between the single-family residential development to the west of South Decatur Street and the industrial zoning to the east of the subject site. Mr. Gengaro reviewed the requirements for a change of zone classification: 1) Is there an error in the original zoning of the subject site; 2) Have there been changes in the area which would preclude the use of the land under the present zone classification; 3) Is the area an extension of, or adjacent t o the same or a compatible zone district rather than creating an isolated area of incompatible zone classification; 4) Will the proposed change implement th e Comprehensive Plan . Mr. Gengaro stated that the rezoning request addresses all of these points. Mr. Gengaro state d that the staff report corroborates the findings of their study; th e pro p o sed zoning is consistent with the principles and objectives of the Plan. The proposed zoning change will provide the City with the opportunity to encourage develo pment in a manner which will increase the pro perty values, and is in keeping with the character of the neighb o rh oo d. Mr. Gengaro pledged that he and his constituents will continue to work with the Planning staff on the ulti- mate development of the site if the r e zoning is granted. Mr. McBrayer asked if the Commission had questio ns of Mr. Ge ngaro. Mr . Stoel asked if Mr. Gengaro knew what Mrs. Green 's reservation s were. Mr. Gengaro stated that Mrs. Green wants the area to remain "rural" in character because she does raise the Afghan hounds. Mr. Gengaro stated that they do have a letter in their files from Mrs. Green that she is not in "opposition" to the rezoning, but that she does have "reservations." Mr. McBrayer asked if anyone in the audience wanted to speak in favor of the proposed rezoning. No one else spoke in fav or. Mr. McBrayer asked if any member of the audience wished to speak in opposition to the rezoning. Mr. Sherman Salazar 4742 South Decatur Street -was sworn in, and testified that he is not in favor of or in op position to the rezoning, but does have some questions . Mr. Salazar urged the Commission to review the issues and consider what is in the best interest of the City. Mr . Salazar stated that he felt the development done by Mr. Koza to the north • I • • • ,. - -4- of the subject site was a very attractive development, and he would have no objection if the proposed development was to be similar. He asked what the proposed development would look like, size of structures, height, etc. He stated that he did not feel that what is being done or proposed in Littleton is important at this time; he stated that he wants to feel "comfortable" that what is being proposed will be compatible with what is already developed, and that the City does not "take a step backward." Mr. Mcrayer advised Mr. Salazar that the issue is the matter of "rezoning" and that the Conunission cannot require the applicant to present plans for the development at this point in the process. Mr. McBrayer sta t ed that if the R-2 zoning is granted, the R-2 Zone District regulations will govern the size, height, open space, etc. of the development . Mrs. Romans pointed out that following the rezoning of the land, if ap- proved, the developer will have to plat, or subdivide the land, and pos- sibly request approval of a Planned Development depending on the type of development proposed. The neighborhood will have additional opportunities to discuss the layout of the lots and streets and the development through these processes. Mr. Salazar stated that he did recall that Mr. Koza, developer of Centennial South Subdivision, appeared before the Board of Adjustment; he stated that he felt this development did add quite a bit to the City and was a good development. Mr. Salazar stated that his only concerns are that he feels comfortable with the proposal, that the minimum requirements are met, and that "nice" affordable housing be developed. Mr. McBrayer stated that while he would agree with Mr. Salazar that what is done in Littleton is not of concern to the Commission at this meeting, he does understand the reason behind the inclusion of the Littleton pro- jected development in the presentation to the Commission. Mr. Gengaro stated that he would like to present three more slides to the Commission and the audience; these slides were of the acutal develop - ment which Mr. and Mrs. Tidwell had viewed which was done by Gengaro & Associates; these units sold in the low $70's, were four levels with basement and garages. These units were at zero lot line, each resident owning the house and lot even though the development was "attached" housing. Mr. McBrayer asked if a Planned Development would be required. Mrs. Romans stated that if the proposal would be for four or more attached units, a Planned Development is required. It could also be used to provide more flexibility in the site plan. Mr. McBrayer asked if anyone else wished to speak to the Conunission on Case 1132-84. Mr. Salazar stated that the last three slides cleared up a lot of questions in his mind, and he encouraged support of the rezoning. Carson moved: Barbre seconded: The Public Hearing on Case #32-84 be closed. AYES: Magnuson, McBrayer, Stoel, Tanguma, Venard, Allen, Barbre, Carson NAYS: None • • I • (• <• rt • • • • ABSTAIN: None ABSENT: Becker The motion carried. -5- Mr. McBrayer asked the pleasure of the Commission. Carson moved: Stoel seconded: The Planning Commission reconunend to City Cou n cil that the rezoning request for change of zoning from R-1-C, Single-family Residence to R-2, Medium Density Residence for the following properties be approved: PPI Numbers of Township 2077, Section 8, 1/4 Section 4, 00 (Unplatted): 045, 040, 058, 059, 041. Also that portion of the right-of-way of South Decatur Street from the western boundaries of parcels 045 and 040 to the centerline of said street. This approval is recommended 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 which is Cen- tennial South Subdivision for R-2 Medium Density Residence, causing a chan ge in the area. 3. The properti es within the subject area are not developing under the R-1-C Zo ne District, because of the proximity to industrially zoned areas. 4. 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. 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 affected, such as utilities and police and fire services. 7. There are cormnercial, 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. Mr. Tanguma suggested that it would be best to delay a decision on this case until the Commission has heard Case #33-84, which is for property immediately to the south of this subject site. Mr. Stoel stated that this subject site is contiguous to the R-2 Zone District to the north. Mr. McBrayer stated that the Commission has been given an overview of the entire area encompassed in both rezoning requests during the presenta- tion by Mr. Gengaro, and he did not see any proble111 with acting on Case #32-84 at this time, and that he would vote in favor of the motion. • I • n • • • - -6- The vote was called: AYES : McBrayer, Stoel, Venard, Allen, Barbre, Carson , Magnuson NAYS : Tanguma ABSTAIN: None ABSENT: Becker The motion carried. IV. PARR REZONING R-1-C to R-2 Barbre moved: CASE 1133-84 Tanguma seconded: The Public Hearing on Case 1133-84 be opened. AYES: Stoel, Tanguma, Venard, Allen, Barbre, Carson, Magnuson, McBrayer NAYS: None ABSTAIN: None ABSENT: Becker The motion carired . Mr. McBrayer stated that legal notice of the Public Hearing was published in the Englewood Sentinel on August 29, 1984. Certification of posting has been submitted . Mr. McBrayer asked that the legal publication, the certification of posting, and the staff report be made a part of the record of this Hearing. This application for rezoning is concerned with approximately 8+/-acres of land owned by Mr. and Mrs. Wayne Parr, and is directly to the south of the properties considered in Case 032-84. Mr. McBrayer again reviewed the options open to the Connnission in their consideration of the rezoning, that of recommending the rezoning as requested; recommending approval with conditions, or referral back to the applicant. Mr. McBrayer again asked that anyone addressing the Commission come for- ward to be sworn in. Mr. McBrayer asked if the Coounission had any questions of the staff. No questions were asked. Mr. McBrayer asked if the staff had anything to add at this time. Mrs. Romans stated that she would reserve the right to speak prior to closure of the Hearing. Mr. McBrayer asked the applicant to present his case. Mr. Anthony Gengaro 3320 East Second Avenue -was sworn in. Mr. Gengaro testified that the presentation on this case, #33-84, would be a duplication of the presentation on Case 1132-84 heard previously. He stated that they do concur with the staff report, and would encourage support and approval of the rezoning request. Mr. McBrayer asked that the record reflect that Commission members have all seen the slide presentation by Mr. Gengaro, and have all heard the presentation given on Case #32-84. All information presented on Case • I • • • • • • - -7- #32-84, verbally and pictorially, will be considered as presentation on Case #33-84. Mr. McBrayer asked if the Commission had any questions of Mr. Gengaro. Mr. Tanguma addressed the issue of water service to properties east of Mr. Parr's property. Mr. Tanguma stated that he did not know of any easements for water service, and asked how the developers would propose to address this matter. Mr. Gengaro stated that the properties to the east are not serviced with City of Englewood water at the present time, but use well water. When South Clay Street is fully developed, he stated that he would assume the City would then serve this area. There are no plans to serve water to the east of Mr. Parr's property from South Decatur Street. At this time, there is adequate capacity for both water and sewer for the proposed de-velopment. Mr. Tanguma stated that this still did not answer his concerns about the properties to the east. Mr. Gengaro stated that the properties to the east are on South Clay Street right-of-way, and there are no easements in South Clay Street at this time. He stated that at such time as South Clay is fully developed, he would assume the City would pull that area together for utility service by the City. The water for the Tidwell de- velopment will come from South Decatur Street, and Mr. and Mrs. Parr do not have immediate plans for development of their site. Mr. Tanguma stated that unless four or more units are attached in the proposed development, this matter would not come back to the Commission for further consideration. Mrs. Romans stated that before any develop- ment can occur on any of the land under consideration this evening, a Subdivision plat must be prepared and approved by both the Planning Com- mission and City Council. Access, utility service, etc. would be ad- dressed at the time of the subdivision plat consideration. Mr. McBrayer asked if anyone else wished to address the Commission. Mrs. Dorothy Romans was sworn in, and testified that she is the Assistant Director of Community Development. She stated that she has been working with residents of this particular area since 1961 when the property was annexed to the City of Englewood. Mrs. Romans reviewed the zoning history of this entire area south of Unio n Avenue, east of South Decatur Street, and noted that it has been difficult in the past to get a consen sus of the property owners on the development of the land. When Mr. Wilson and Mr. Gengaro first discussed the proposed rezoning with the Planning staff she did encourage these g entlemen to try t o get everybody together on the matter of zoning. She stated that this has been accomplished, and extended her thanks and appreciation to Mr. and Mrs. Tidwell and Mr. and Mrs. Parr and to Mr. Wilson and Mr. Gengaro for their efforts and coo pera- tion. Mrs. Romans stated that the Commission will still have to consider the platting of the property, and stated that the staff will continue to work with the developer and property owners to the completion of this development. Carson moved: Stoel seconded: The Public Hearing on Case #33-84 be closed. • I • • • • • • -8- AYES: Tanguma, Venard, Allen, Barbre, Carson, Magnuson, McBrayer, Stoel NAYS: None ABSTAIN: None ABSENT: Becker 'nle motion carried. Carson moved: Stoel seconded: The Planning Commission recommend to City Council that the rezoning request for a change of zone from R-1-C, Single-family Residence to R-2, Medium Density Residence for the following parcels of land be approved: Permanent Parcel Identification numbers of Township 2077, Section 8, 1/4 Section 4, 00 (unplatted): 013 and 055. Also that portion of the right-of-way of South Decatur Street from the western boundaries of parcels of 013 and 055 to the centerline of said street. This rezoning is reconunended for the following reasons: 1. Because of its proximity to industrial areas, and because of the agricultural natur e 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 which is Cen- tennial South Subdivision for R-2 Medium Density Residence, causing a change in the area. 3. Th properti within the s ubject area are not developing under the R-1-C Zon District, because of the proximity to industrially zoned ar a . Th area proposed for rezoning is more than "one (1) City block in ar a", and th ref ore, complies with a policy previously established th City. 5. Th proposed m dium-density zoning would not be in co nflict with th Compr hensiv Plan. 6. Th maximum possible density permitted in the R-2 Zo ne District could be accommodated by those facilities most directly affected, such as utilities and police and fire services. 7. There are commercial, educational and recreational facilities within the immediate area that could me t those needs of the additional population that may come about because of the rezoning. AYES: Venard, Allen, Barbre, Carson, Magnuson, McBrayer, Stoel, Tanguma NAYS: None ABSTAIN: None ABSENT: Becker The motion carried. VI. STATE HIGHWAY WORK PROGRAM 1985/1986 CASE 1134-84 Mr. McBrayer asked if th staff wanted to discuss th proposed Highway Work Program • • I • • • • • - -9- Mrs. Romans stated that every year, the City submits a list of projects that we want included in the work program of the State Highway Department. These requests are submitted to the Arapahoe County Commissioners, and are forwarded to the Highway Commission. Mrs. Romans noted that all requests have been previously submitted, and reviewed the requests for improvements on Santa Fe Drive at Dartmouth Avenue, on U. S. 285, and on Belleview Avenue. Mrs. Romans noted that the State Highway Department has striped a con- tinuous left-turn lane along West Belleview Avenue; this is not a solution to a growing problem, and she urged that a study of West Belleview Avenue be supported as a request to the Highway Commission. Mrs. Romans cited several new developments which will be occurring on both sides of West Belleview Avenue, in both Englewood and in Littleton, which will compound the turning movement problem along Belleview. Mrs. Romans stated that she would like to see a list of criteria that can be given to developers that they would have to conform to in designing the ingress/egress to the various developing sites. A double left-turn has been suggested for the Broadway/Belleview inter- section on all four movements. Mrs. Romans also discussed the projects included for the Federal Aid Urban System; neither of these requests are new. Mrs. Romans stated that the requests must be submitted to the Arapahoe County Commissioners by October S; if the Commission makes a recommenda- tion this evening, it can be forwarded to City Council for their considera- tion on October 1, and if approved at that meeting, could be to the Arapahoe County Commissioners by the October 5th deadline. Mr. Tanguma suggested that the improvement to the Belleview/Broadway intersection should be strongly emphasized. He felt this should be a high priority item. Mrs. Romans stated that the high priority of this item could be emphasized to the City Council and the County Commissioners. Tanguma moved: Carson seconded: The Planning Commission refer the following projects for the State Highway Work Program 1985/1986, to the City Council for their consideratio n and approval. I . Requests proposed for inclusion in the 1985/86 Work Program. A. Construction Projects on the State Highway System: 1. South Santa Fe Drive: a. The construction of an interchange at the intersection of West Dartmouth Avenue and South Santa Fe Drive.* *At this time, the plans for the not provide a grade separation. a grade separation is necessary continu to be requested • improvements at this intersection do The Commission is of the opinion that and recommends that the interchange • I • • • • • - -10- 2. u. s. 285: a. The construction of a one-way couplet between South Broadway and South Santa Fe Drive utilizing the pres ent alignment of U.S. 285 and West Ithaca Avenue , and the upgrading of the U. S. 285/South Broadway interc hange a s a part thereof. b. The extension of the drainage system along U. S. 285 t o take care of the sheet flow across U. S. 285 between South Downing Street and South Pearl Street . c . Upgrade the South University Boulevard/U. S. 285 inter- s ec tion t o permit double left-turns. Right-turn lanes should feed into through l a nes. 3 . Bell eview Avenue. a. Upgra de the South Bro a dway/Be l leview Avenue intersec tion to provide double left-turning movements . b. St ud y prevai l ing and projected r o adway and service c on- ditio ns to develop standards for correc tive me asures to be required of p e rsons c onstructing new developments which will have a cces s to West Be l l eview Avenue. I I. Requests Relative t o th e Federal Aid Urban Sy stem . A. Construc tion Pr oj ects o n the Federal Aid Urban Sy stem. 1 . So uth Broadway a . I n s t a l l pla nted me dian fr om Quincy t o Belleview a s from U. S . 285 t o Qu i ncy. b. Overlay from u. S . 28 5 t o Qu incy Av e nu e . AYES: Allen, Barbre, Carson, Magnuson , McBrayer , Stoel, Tanguma, Venard NAYS: None ABSTAIN: None ABSENT: Becker The motion carried. VI. FINDINGS OF FACT CASE #31-84 Amendment of The Broadway Planned Development Mr. McBrayer stated that the Findings of Fact on the amendment of The Broadway Planned Development were to be considered for approval. Magnuson moved: Tanguma seconded: The Findings of Fact on Case #31-84 be approved ss written. AYES: NAYS: Bar~re, Carson, Magnuson, Stoel, Tanguma, Venard, Allen None • I • • - ( • • ABSTAIN: ABSENT: Mc Brayer Becker The motion carried. VII. PUBLIC FORUM. • • • -11- Tilere was no one in the audience to address the Commission. VIII. DIRECTOR'S CHOICE . Mrs. Roma n s stated that the breakfast meeting with Swedish Medical Center has been postponed until October 9th. The next regular meeting of the Commission will be on October 2, at which time the staff hopes to have the final Plat for the Quincy Haven Subdivision. Mrs. Romans reported that she is continuing to work with Mr. DeWitt on the Comprehensive Zoning Ordinance revisions. She stated that she hopes public hearings can be scheduled for November. IX. COMMISSIONER'S CHOICE. Mr. Tanguma discussed concerns that had been expressed to him regarding emergency response time for the area south of Belleview Avenue. Mrs. Romans suggested the persons concerned should contact Chief Holmes and Chief Broman. Mr. Allen brought to the attention of the Commission a couple of articles pertaining to landfills and trash collection centers. Mrs. Romans stated that C.D.I. is proceeding with a trash transfer station on West Union Avenue just west of the South Platte River. The meeting adjourned at 8 :15 P. M. • I • • n ' • • • - MINUTES ENGLEWOOD PUBLIC LIBRARY ADVISORY BOARD October 9, 1984 Chairman Jerry Valdes called the regular meeting of the Library Advisory Board to order at 7:34 p.m. PRESENT: REGRETS: ALSO PRESENT: Jerry Valdes, Lois Sterling, Debbie Dix, Bruce Hogue, John Peterson, Gerald Sampson, Kay Van Valkenburg, Dorothy Wheelehan Al Quaintance Hr. Bob Currie, Former Board Chairman Sharon Winkle, Director of Libraries Donna Gottberg, Recording Secretary Roll call was taken and a q uorum declared present. Mr. Valdes introduced Bob Currie, former Board member and Chairman of the Book Sale. Mr. Currie reported that this year's book sale was a success with the total proceeds coming in at $12,000 plus. Englewood proceeds were $396. He stated that the libraries involved were looking forward to 1985, with the possibility that the sponsorship in 1985 would be under the State Round Table. A breakout sheet of the proceeds was distributed with a question and answer period following. Mr. Valdes thanked Bob for his help with the sale and for coming to the meeting with this report. Mr. Bruce Hogue gave a report from the Board co111Dittee charged with developing its organizational procedures. The duties of the Chairman and Vice-Chairman were pre- sented with discussion following. The month in which officers are voted on was discussed, with the decision being that January would be the election month. Mr. Hogue plans to have the committee's final report completed by the next meeting. Chairman's Report Mr. Valdes read a letter f rom the Colorado State Library noting it plans to present an experimental class for new and experienced representatives. It needs 30 Trustees and Directors for a Nov. 8-10 training workshop. The names submitted were Lois Sterling, Dorothy Wheelehan and Al Quaintance. These persons will be notified if they are chosen to attend. The workshop will be held either in Denver or Colorado Springs. Brief reports were given by Dorothy Wheelehan, Lois Sterling and Kay Van Valkenburg on the Colorado Library Association (CLA) Conference held at Copper Mountain October 6-9. All felt the conference was informative, but not as well organized as in the past. Hr. Valdes turned the meeting over to Sharon Winkle for the Director's Report. Ms. Winkle noted that Karen Kelley, an Englewood staff member, presided at the Public Relations committee program at the CLA Conference and was chosen to be Chairperson of the Children's Section of CLA's Public Library Division for the 1984-85 year. continued ...• • I • • • • -2- Ms. Winkl e prese nt e d in f ormation on the 1985 Library Budget Re que s t noting that the Library will be funded for a security system and acquisition through the Data Processing Division budget of an automated system. Ms. Winkle gave a brief background on electronic security systems and how they are used in a library. Requ e sts for Proposal (RFP) will be issued for both systems. Ms. Winkle presented the "Presentation Draft" of the Library Building Program . After further discussion of the Program it was decided that the Board send a Council Collllllunication to City Council supporting its goal of providing a library facility of at least 30,000 gross square feet in a combined City Hall/Library facility. 84-22 ~: That the Director and Chairman send forth a Council Conununication ex- pressing the concerns and support of the Library Board for the proposed Library facility. Moved by: John Peterson Seconded by: Dorothy Wheelehan Motion carried. Ms. Winkle informed the Board that copies of a study by Michael Barber Ar c hitecture, Inc. regarding the f e asibility of the site proposed for the City Hall/Library, are available for any Board member interested. Ms. Winkle presented a memo addressed to Ms. Kelley and Ms. Czarny regarding a possible "Request for Reconsideration" from an Englewood patron related to two children's books. The patron has initiated the complaint process. I f followed through this could result in an appeal to the Board if the patron does not agree with the decision of the Director, based on the staff c ouanittee report. Ms. Winkle presented updated information concerning the Metropolitan Library District (MLD). There will be an advisory question placed on the ballot next month. She feels we must get an informational piece out to the library public informing them of the ques tion and the consequences of a "yes" or "no" answer. There was discussio n and the Board agreed that such a piece should be available. No matte r s were bro ught up under Members' Choice. There was no un fi n ished business. The Statistical Repo r t f or September, 1984 was present ed , wi t h no d iscussion . 84-23 MOTION: That the Minutes f r om the Septe mber 11 , 1984 Meeting be approved as written. Moved by: John Peterson • Seconded by: Kay Van Valkenb urg Motion carried. Meeting adjourned at 9:35 p .m . 10-11-84 dg • I • • - ' • • C 0 U N C I L DATE November 1, 1984 • • • C 0 M M U N I C A T I 0 N AGENDA ITEM CJL v SUBJECT Agreement for City Ditch and Little's Creek Trickle Channel INITIATED BY ~~~~E-ng_l_e_wo_o_d~W-at_e_r_a_n_d~S_ew_e_r_B_o_a_r_d~~~~~~~~~~~ ACTION PROPOSED~~~A-pp_r_o_v_al~o_n_F_i_n_a_l_R_e_a_d1_·n_g~of~t_h_e_c_o_n_tr_a_c_t_a_n_d~L1_·c_e_n_se~~~ Agreement with the City of Littleton for part of the third phase of the Littleton Railroad Depression Project at Little's Creek Trickle Channel. The Water and Sewer Board, at their October 23, 1984 meeting approved the Agreement for City Ditch and Little's Creek Trickle Channel with the City of Littleton. The flooding danger at Sterne Park resulted in an effort to design and construct facilities that will separate flood water from ditch waters . The final proposed cost sharing on this project is 33-1/3 " for each of the three agencies, making Englewood's maximum cost 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 • • I • • , • ORDINAOCE NO. 41 SERIF..5 OF 1984 • • • BY AUTHORITY OXJN'.:IL BILL NO. 47 INTROIXJCED BY CX>!JOCIL MEMBER VOBEJDA AN ORDINAOCE APPROVI~ THE LICENSE AGREFMENT BE'IWEEN THE CITY OF Ell:JL~ AND THE CITY OF LITTLETON AND AGREEMENT REGAROI~ LITTLE'S CREEK -LITTLETON AND EllGI.&1000 DITCH ~ SEPARATION IMPROVEMENT BE'IWEEN URBAN DRAINAGE AND FLOOD CONTROL DISTRICT, THE CITY OF LITTLETON, AND THE CITY OF EllGLEWOOD FOR PART OF THE THIRD PHASE OF 'IHE LITTLETON RAILROAD DEPRESSION PROJEX:T AT LITTLE'S CREEK TRICKLE OiANNEL. WHEREAS, by contract dated January 9, 1984, the City of Englewood, the City of Littleton, and the State Departlnent 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 ?lase of the project of piping of City Ditch in the facility at Sterne Park to separate flood waters fran City Ditch waters; and WHEREAS, the License Agreement between the City of Englewood and the City of Littleton authorizes Littleton to install a sanitary sewer and the Little's Creek Trickle Olannel across the City of Englewood rights-of-way for the City Ditch, a copy of which License Agreement is attached hereto and incorporated herein by reference; and WHEREAS, by agreement ent i tled "Agreement Regarding Little's Creek -Littleton and Englewood Ditch Flow Separation Improvanent (Agreement No. 84-09.05) ," the Urban Drainage and Flood Control District, 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 Agreement is attached hereto and incorporated herein by reference; and WHEREAS, the final proposed cost-sharing on this project is estimated not to exceed $85,000 with the maximL111 cost to each party to be one-third , or $28,333; and WHEREAS, The State Highway Deparbnent 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 Departlnent of Highways, Division of Highways, a copy of which is attached hereto and incorporated herein by reference; • I • • • • • • NGl, THEREFORE, BE IT ORDAINED BY THE CITY COUOCIL OF THE CITY OF ~El'lOOD, CX>LORAOO, AS FOLI.OOS: Section 1. City COimcil hereby approves and adopts the License Agreement between the City of Englewood and City of Littleton. Section 2. City Coimcil hereby approves and a::lopts the agreanent entitled ".Agreanent IEgarding Little's Creek -Littleton and Englewood Ditch Flow Separation Improvanent (.!\greanent No. 84-09.05)." Section 3. City Council authorizes the Mayor and ex officio City Clerk-Treasurer to sign and attest said License l\greanent and Agreement IEgarding Little's Creek -Littleton and Englewood Ditch Flow Separation Improvanent (Agreanent 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. Read by title and passed on final reading on the 5th day of Novanber, 1984. Published by title as Ordinance No.,,(,f 1 , Series of 1984, on the 7th day of Novanber, 198 4. Attest: Eugene L. Otis, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the Ordinance passErl on final reading and published by title as Ordinance No.~, Series Of 1984. Gary R. Higbee • ' I • • • • • • L!CF.NSE AGREEME NT TH!S AGREEl'lENT, made 11nd enterP.d into as of the ___ day of , 198 , by and between the CITY OF ENGLEWOOD, a _m_u_n_i~c_,.i_p_a~l,---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", WI'.!'NESSETH: 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, Town!:'hip 5 South, Range 68 West of the 6th P.t-:., County of Arapahoe, State of Colorado and lying within the following described lines: Beginning at a point from whence the southwe st corner of said Section 16 bears S 43°55'47" W, a d i stance of 647.63 feet, said point being on the westerly right-of-way line for the C i ty Ditch and 10 feet opposite a 12 inch sanitary sewer owned by the City of Littleton; l. 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. Thence N 15°40' 45" E along said easterly right-of-way line a distance of 35.02 feet, tC'I a point 25 feet opposite and 12 inch sanitary sewer; 3. Thence S 74° 36'53" w, a distance of 29.19 feet, to a point on the westerly ·right-of-way line for the City Ditch; 4 . '!'hence S 15°40'45" W along said westerly right-of-way line, a distancP of 35.02 feet, more or lP.s s , to the point of beginning. The above described parcel contains 0. O:!O acres, more or less. 1. An y construction conleriplated or performed unc'!er this License shall comply with and conform to standarc'!s formulated by the Director of Utilitjes of the City and such construction shall be perforrr.Prl and completed according to the plan and within the tolerances ctiv•m on the City's drawjnQ, Dr. , No. , consisting of one sheet, a copy of which is attached nereto <ina made • part hereof. • I • • ' • • • • - 2. The LicenFee shl'lll notify the City's Director of Utll- ities at least three (31 days prior to the time of commencement ot the construction of, or any repairs made to, Licensee's ie• storm sewer so that the City may, in its discretion, inspect 1uch operations. 3. Within thirty (30) days from the dete of the commencement of construction of said 12 inch sanitary sewer and Little's Creek Trid:le Channel the Licensee shall co:nplete such construction, place and maintain permanent, visible merkers, of a type an d at such locations as deeignated by the City's Director of Utilities, referring to the centerline of the installation and Eh all clear the crossing area of all construction debris and restore the crec to its prev.ious condition as near as may be reasonable. In the event the placing of the centerline markers and the clearing and restoration of the crossing arel'l 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, inst&ll, repair, remove or relocate the City Ditch or any other of its facilities or installations within the City's right!;-of-way, at any time and in such manner as the City deems necessary or conve- nient. The City reserves the exclusive right to control all easements and installations. In the event the 12 inch sanitary sewer and Little's CreeY. Trickle Channel should interfere with any future use of the City's rights-of-w ~y by the City , the Licensee shall, upon request and at its sole expense, relocate, rearrange, or remove its installations so as not to interfere ~ith any such use. 5. Any repair or replacement of any City installation ffiade necessary, in the opinion of the City's Director of Utilities because of the construction of the 12 inch sanitary sewer, 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 License sha ll be incorporated into contract specifications if the co~struction herein authorized is to be done on ll cont~act basis. 7. The rights and privileges granted in this License shall be subject to prior ngreements, licenses and/or grants, recorced or unrecorded, 11nd it shall be the Licensee's sole rPspo nsibili ty to determin e the existence of s11id docU)Tlents or conflir.ting uses or install ation~. B. The Licensee shall contact 11nd fully cooperate with the City's ditch forem~n ~nd the crossing sh~ll be m11~e without interference with an~· 111wful, usual or ordinl\ry flow of water • I • • • • • LiC'1·1.i-t hcire err .c-nt. }'BO(· 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's riqhts-of-wa'.)' 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 MaY.irr.um Density. 10. Licensee, by acceptance of this licenEe, expressly aEsumes full and strict liability for any and all damage£ of e v ery natu::::e 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 inderr.~ify and save harmleEs the Cit y , its office::::s and employees, against any and all clairr.s, damages , actions or causes of action and expenses to which it or the y may be subjected by reason of said 12 inch sanitary sewer a nd 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 connection 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 may, at its option, have specific performance thereof, or sue for damag~·s resulting from such breach. 13. Upon abandonment of any right or privilege herein oranted, the right of Licensee to that extent shall terminate, but its obligation to indemnify and save harmless the City, its offir: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 m3y be neces- sary or convenient in the operation of the water work s plant and system under the control of the City . • I • • Ll CE'n!>t.; hlJI t't.;l!I C JI L Page 4 • • • IN WITNESS WHEREOF, thi• in•trument has been executed as of the day and year first above written. APPROVED: Stewart Fonda Director of Utilities APPROVED AS TO FORM: ~l::!~ CA7/27 CITY OF ENGLEWOOD, acting through and by its ~ater and Sewer Board CITY OF LITTLETON By: -=p-r_e_s_i,...., a...-" e-n"'"t-o"""f,........,C,...i..-. t,-y-""c"""o_u_n_c_i'"'· 1.--- • I ( • s 15 40' 45" w 35.02' • • • • 0 E 53" E • • • • • • AGREEMENT REGARDING LITTLE'S CREEK -LITTLETON AND ENGLEWOOD DITCH FLOW SEPARATION IMPROVEMENT (Agreement No. 84-0g,05) THIS AGREEMENT, made this-----day of-------• 1984, by and between the URBAN DRAINAGE AND FLOOO CONTROL DISTRICT (hereinafter cal led "DISTRICT"), the CITY OF LITTLETON (hereinafter called "LITTLETON"), the CITY OF ENGLEWOOO (hereln1fter called "ENGLEWOOD"); W ITNESSETH: WHEREAS, DISTRICT, In a policy statement previously adopted (Resolution No . 14, Serles of 1970) expressed an Intent to assist public bod i es which have heretofore enacted floodplain zoning measures; and WHEREAS, a dra I nage master pl an entl tl ed "Major Ora I nageway Plannl ng, Lee Gulch -Little Creek, Phase 8, Preliminary Design ", by KKBNA, Consulting Eng i neers, dated September 1978 has been completed In cooperation with LITTLETON AND ENGLEWOOD, Arapahoe County, and DISTRICT; and WHEREAS, DISTRICT has adopted, subsequent to a public hearing, a Five-Year Capital Impro vement Program (Resolution No. 59, Series of 1983) which includes flood control improvements i n LITTLETON on Little 's Creek during 1984; and WHEREAS, LITTLETON intends to enter i nto an agreement wi th the Colorado State Department of Highways for construction of box culvert on City Ditch to sep1rate the flows of Little's Creek and City Ditch; and WHEREAS, Colorado State Department of Highways has prepared plans for the box cul vert for City Ditch crossing of Little's Creek, said pla ns be ing included In the Raflroad Depression Project; and WHEREAS, Improvements 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 Di tch and Little's Creek flows structure are estimated to be $85,000, wh ich Includes eng i neering, construction, and contingency; and • 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 lg84), the LITTLETON City Counc11 (Resolution No._, Ser1es of lg8_) and the ENGLEWOOD City Council have approved participation In the project by the DISTRICT, LITTLETON, and ENGLEWOOD; NOW, THEREFORE, 1n consideration of the mutual prom1ses contained herein, the Parties agree as follows: 1. SCOPE OF THIS AGREEMENT This Agreement defines the responsibilities and financial COITITiitments of LITTLETON, ENGLEWOOD, and DISTRICT with respect to the construction work required to construct a box culvert for City Ditch under Little's Creek In Littleton. LITTLETON and the State Department of Highways have entered Into an agreement defining certain comnltments of LITTLETON and the State Department of Highways. The agreement between LITTLETON, ENGLEWOOD, and DISTRICT entered into herein is contingent and dependent upon the agreement between LITTLETON and the State Department of Highways, wh1ch 1s made a part hereof by reference as if attlched hereto. 2. SCOPE OF PROJECT The project will cons1st of construction needed to construct the box culvert c1rrying City Ditch flow under Little's Creek in LITTLETON. The construct1on of the project to which this agreement pertains will be 1 ocated between the ra 11 road depress I on and Be11fs Street In the general alignment of Little's Creek . 3. PUBLIC NECESSITY LITTLETON, ENGLEWOOD, and DISTRICT agree th1t tlnprovements authorized pursuant to this agreement are necessary for the health, safety, comfort, convenience, and welfare of 111 the people of the State, ind are of spechl benefit to the Inhab i tants of the DISTRICT, LITTLETON, ENGL EWOOO, ind the property the re In . • I • • ( • 4. • • - PROJECT COSTS Costs to which this agreement pertain are limited to the following : 1. Construction costs IS Incurred by the lowest qualified bldder(s); b. Construction field surveying, staking, inspection and supervision, and materhls testing; c. Contingencies and other costs necessary to construct the project mutually agreeable to LITTLETON, ENGLEWOOD, and DISTRICT. d. Necessary licenses and pe,..its; It 1s 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 fn costs . The total project cost Is estlNted to not exceed $85,000. On this basis, the •xi-cost to Heh Party of this agreement 1s as follows : DISTRICT LITTLETON ENGLEllOOO 33-1/31 33-1/31 33-1/31 $28,333 28,334 28,333 The NXi-cost to LITTLETON, ENGLEWOOD, and DISTRICT IS set forth above shill not be exceeded without written approul except for a sum equal to interest earned on funds on deposit. Any such additional costs, ff and as approved by LITTLETON, ENGLEWOOD, and DISTRICT, shall be shared on the same basis as the orlgln1l shares. 6. DISPOSITION OF FUNDS The payments by DISTRICT, LITTLETON, ind ENGLEWOOO to LITTLETON shall be held by LITTLETON fn a interest bearing escrow account establ fshed pursuant to LITTLETON'S escrow Agreement with the CDH to pay for increments of the project as billed by the Colorado Department of Highways. LITTLETON shall provide a periodic accounting of project funds 1s 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 shall be accrued to the escrow 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, monies Including Interest earned, shall remain which are not c0111111tted, obligated, or disbursed, each party shall receive a share of such monies, which shares shall be COllputed as were the or1g1na.1 shares. 7. FLOOOPLAIN REGULATIONS LITTLETON agrees that floodplain regulations for Little's Creek through LITTLETON will remain in effect. 8. OWNERSHIP AHO MAINTENANCE The parties agree that LITTLETON shall own the completed flood control facilities and the abandoned ENGLEWOOD's City Ditch open channel (which upon COlllpletlon of the piping of said ditch shall be conveyed by quit cla111 deed to LITTLETON) and related structure at Be.ls Street. ENGLEWOOD shall own and maintain all water supply facll 1ties w1th1n right-of-way dedicated to the City Ditch new alignment to Include, but not be li1111•d to the City Ditch box culvert and appurtenances as defined 1n Colorado Department of Highways Agreement No. CC. 10-0075-17. However, as provided, the DISTRICT shall have ucess to the right-of-way and 1mprovetnents at 111 t 111es. The Parties further agree that the DISTRICT may assist LITTLETON with the 1111ntenance of fac111t1es constructed or lllOd1f1ed by virtue of this Agreement. Such ma 1ntenance ass lstance wll 1 be 111111 ted to the drainage and flood control features of the project. The specific nature and terllS of the maintenance assistance shall be set forth in 1 letter of understanding between the DISTRICT and LITTLETON. Ha1ntenance assistance may Include activities such as keeping flow areas free and clear of debris and silt, cutting and controlling grass and weeds 1n the channel right-of-way, keeping culverts free of debris 4 • I • • , • • • • and sediment, repairing dra i nage and flood cont rol structures such as drop structures and energy dfsslpaters, repai ri ng 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 s1gnator1es as of the date and year first herelnabove written. (SEAL) ATIEST: r; ro+tvLo.-~ J:k"ef) (SEAL) ATTEST: APPROVED AS TO FORM: City Attorney Date ------------ (SEAL) ATTEST : APPROVED AS TO FORM: City At torney Dita ------------ 5 THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT Title Executive Director Date l<jlt9 ff4 CITY OF LITTLETON, COLORADO By __________ ~ T1tle ---------- Date----------- CITY OF ENGLEWOOD, COLORADO By __________ ~ T1tlt ----------- Date __________ _ • I • • f • CC iC-00 75 -17 LI TTL!c:' s cm:t:K • • • CCNT:ll\CT Till!: CO~TRi\CT, .. ~.ie chic ---day of ------· 19 __ • by and b~tween the Stat~ of CJlocado foe thu use and benefit of THR STATt DEPl\RTHEHT Ol" lllGilWAYS. DIVISION OF lltCllWi\Y!:. huoinafter rofttnd to aG thu ~tate, and THE CITY Of LITTLETON. STATE or COLOBADO. hareinattoc rotcrred to as tho contractor. oc Local Aqency. undncuabertd balanco thccuof reaaina available for pay•ent in rund Nuaboc 2001, G/L Account Nurabar 52046. Con~ract EncuQbCance Nu•bar 14651; and WHEREAS, required appcoval, cleacance and coordination haa been accoapliahtd fro• and with appropriate aqenciea: and WHEREAS. in connuction with tho Littleton Railroad Depre11ioo i•proveQent1. the Local Aqency anticipates a roadway Project CC 10-0075-17 consi1tin9 of the conatruction of a •hallow box underneath Little'• Cceex in Littleton. Colorado, her1inaf t1c tefetttd WHEBtAS, the State and Local Aqency consider it to be in theit •utual inttreat to cooperate in the con1truction of the •hallow box : and • construction of the &hallow box bJ pucfot•dJ by the State'& contractor at the coat of the Local l\9oncy : and wm:nt:r.s, thu !:tate Highway Co•1'1ssio11 on Match U, ltU 9ave appcoval toe tho State to ~ntec into a contract with the Local Agency toe Project CC 10 -0075-17 to accoaplich the work: and WHt:Rt:h~. thi a contract ic executed by the ~tatt under authority of c~~tlon 4l -2-l44, C.R .!:. a~ a•un~cJ and by the Local Ag•ncy undac the •uthoclty qc an toJ ln itG oc<li11 .rnc11 oc co a olutiou, att~che<I hereto •nJ I • • • • • • [C !i pon::;ibiltt\.('!i Wlth :c ·;·:.C·l lj ~hL! \JOC~. l. T~~ ~t~tc will p:~vidd li~iGon with th~ L~c~l Aqency ~hrouyh tl\d ~t~tc 1 G Ui~tci:t En9inccc. Oi~tcict Vt. loc~tttd at 2coo Sout h ltully Street, Denver. Colorado 00222 . :.aid Oi :acict ~n~inooc will al~o be cesponciblu foe coordinating the State'u activitinc under t~i& contract. 2. The Locdl Ag~ncy•s deaignated Project Engindet, whose off ice phone nu•bec iG shall provide liaison with the State and have authority to sign modiCication oc chunge ocdecs toe the wotk. 3. All costs in~ucced to pecfotlil and to complete the wotk &~dl be botne by the Local Aqcncy at 100\. •· The Local Agency shall pcovide to the State tunda not :o exceed an a•ount of $85,000 fot th~ wotk unleaa inctoased by a written auppleaontal contt~ct. s. The Local Agency's funding tot the wotk ahall not b• detiv•d tco• its shace of "th• Highway Uiets Tax Fund. 6 . The State will bill the Local Agency on an incutced cost basis, inclusive of inditect coats. The Local Agency ahall te~it aa•o to tho Stat• within 30 days aftat t•c•ipt of the bill toe the costs of the wotk p~c(oc•ed. 8. Into:i• fund ~. until the :;tate is ceimbucsed, will be payable fcom Stdt~ Highway :;upplJ•entacy Fund (2001). a. The State will be te~ponsiblo toe the ptepacation of a b i d package ; adv e ctis~acnt of the invitation to bid; thd l~tting and the open ing of b i de and awacdu19 of th~ constructi.:>n conttact t o the luwc ~t t ca pon a ibl~ ~idd~t . 9 . Th e t ~t m of th i~ con t t a c: sha ll cuntinue thtou9h the compl e t io n and f i nJl acceptan c e of the work by the Loc£l AQ l!RCY ·•R•l c u .:c i pt Ot Ci n.11 (ldYlll<lnt f C<ll;I th• LOC<l l llgun~y . 10 . Th ~ Lo c~l hg a ncy ~~~ll c a vi tt w and g l ve itj concuccence to thQ vt a na and c p ec lC ic~ti onc Cot th e J h~ll~w bOX, •aJd l pact o: till~ c ontc A.:t by c ufd c en••· pc i o : to thu St•ta incocpoc•ting th •• l nto th o b id p lan p ~•~~qa . -2- • I • • • • • • the day and ycac !i c~t ~bova written. ATT:::ST: Ch illf Cl et k APPROVt::O: State C~ntroller ATTEST: s-r.-..r:·: Ot' COLOltr.oo RlClll\110 O. LA."4M, COVE!UIOR Dy Executive Director Dt:Pl\llTHENT OF HIGHWAYS OUl\NE WOODl\RD Attorney General By LYNN ODERNYt::R First Assistant Attorney Ger.ecQl Natural Re~oucces Section CITY OF LITTLETON, COLORADO By ~~--~~~~~~~~~- Tit le • I • • - - • • • - In cu r:pli:.ncc •Ill~ '~ti•' \'l :i f 1.l:c c:·:il l\ir,htc. :.ct cf 196.', ;;nd wi th Scc.:ti,~n 16 ~'\.l) .Jf 1 h..: :-1..~,1.··:..·.1i ,\i,1 1!i f,rt \J .1 y t\1:t v:-1973. :h~ Cl:n t r.:icto!", for 1t :;l.!l f 1 lL :-. .1 ::..:i~~:-tct;~ .tnd :.:uccc ::~orr. ir. lO(C'9.."CSt, at;rcc as folio•,;·;: A. II . c. D. E. Ctlri1~1 Lu1ce wi.rh Rt-,!ul ,rio:-i s. T!-\c Con cra c cor will Ccmp y .... 1..-:nchl!-Kc g uf:,z:.on;-of the Dcp .:1rtm~nc oi Transportati~n relative to nondiscrimination in Fcdcrally-Jouistcd pro ~ram • of t~e Dcpartmcnt of 'fransport.:1tion ('fill" 49, CoJc o r t-.:Jcral Rc~.ul.:1 - tion~. Part 21, h~rcin ~ftcr rcicrrcd to~~ the 11 lt1?p;ulation$11 ), ...,•hich a.rt! herein incorporated by ref~rcrn.:.:? ,1rn.! ma Jc .1 pnl't of this cnntracr:. N ~nd i~cri mit1 a tion . Th~ Cc,1cra~cor, with rn~ard r.o t~e ..:ork pcrtorml!J by it after awai:d and prior to compl~tion of the contra~t work , will net dis- criminate on the ground of race , color, sex, mental o~ ph~sicJl han dicap or national ori~in in the s el~c~i on and r~cention of Subco~tractors, including procurcm·-•nts of nute::ial• and li!ase·s of equi;iment . 'fhe Contractor will n et participJt~ either directly or indirectly in the discrimination prohibited by Section 21 .5 of the Regulations , including employ- me nt practices when the contract covers a program set forth in .\pp.:?ndix C of the Regulations . Solicitation s for SuLcontracto, Incl udi ng Procure - iiiencsoCEiTiiri:i!Siirul £9u1p~.E.· fo all sollcua- tions ~ither by competit~ve bidding or n e~ot ia tion made by the Contractor for w<>rl< to be perform ~<! und~r a nubcoutract, includ i n ~ procure~ent~ oi mat~r ials or equipmo!r.t, e ac h potenti3l Subcontractor or uupplier shall be noti fill d by the Contractor of the Co:itracto r u ' obli g ation s unj;:i r this contract and the Re gu latic ns· relative to nondiscrimination on the g rounJ of race , color, sex . m.:?ntal or phy sica l handicap or nation;il or ir.in. Information a nrl Repnrts . The Contractor will pro-vrire-an: inforre~:ion and r eport s required by the Re g ul ations, or orders and instructions issu.:?d pur ;U<1nt tt:creto, and will permit access to its books, records, ac:ounts, othC!r sources of inforoia- tio n , anJ its (aciltties a s nwy be determined by the State or the fl i~~A to be pertinent to a scertain compliance with such R.;i;ulntions, orc!"rs and in- struction;. W!1 erc an;· infor:nation required of th<! Con ~racto r is in the e:<cl u sive possession of another ~ho fdils or r~fu ;~~ to furnish this inforn\.Jtion , the Contractor sh~ll so cl!rtify to the State, or the fll\.111 a i. lt(•J>r.:>µriatc , anJ shall set forth what efforts have been m.ld~ co obtain the information . Sane tii:ln, for ~IJnc•~l i.111ec. In rhe event of the !:Onrractur'sl,OilC01iijll w"'ii"CC with the nondi~c ri mina tion provi $ion3 of lh is contract, the State shall impose uuch contr:tC't ~.1nctivnc as it or the Fll\IA m.1y d\!tcr- minc r ,, b<• .1ppropriate, includinr,, but not limited to : • I . - • • • • ( l) lh t!lholc!in•: ot <""i'"'"nls to the t:on- t=~c:c r L:nd~r ~~~ contr3ct until th~ C~n tr~cc o r compli~s, cln cl/0 r; (2) Canc~ll~ti o n, t~r rni n~tion or s u~ pcn~icn .>r t!"lc contract, in ·~holt.! or in part. F . Incornoration or rcovisions. The Contractor will include tho! prov1s1ons oi Paragraphs A through l ' in ever}' subcont:-cJct, inclucJinq procurements of matcri&als and l e.:iscs of tJquipmcnt, unless excr.1pt b}' the Rc?gulation~, ordc:;s, or instructions issu~d pursu•mt thereto. The Contractor will take such action with respect to illlY ~ubcontract or procure- ancnt as the State or the Fll\·lA may direct ws a m~an!i ai enforcing such provisions including sanctions for noncom?liance: provid~d, however, that, in the event th~ Contractor becomas involved in, dr is threatened with, litigation with a Subcontractor or supplier as a result of such direction, the Contractor may requ-.?st tha State to enter into such litigation to protect the interests o f th e State and, in addition, the Contractor may request the FHWA to enter into such litigation to protect the interests of the Un ited States . • I • • ( ( ( • ORDINAOCE NO. ~ 8 SERIES OF 1984 • • • BY AlJI'HOR ITY ca.JN:IL BILL NO. 50 INI'RODUCED BY COOOCIL MEMBER NF.AL AN ORDINAOCE FIXIN:i THE TAX LEVY IN MILLS UPON FJ\CH OOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF EN>LEWCXD, aJLORAOO, FOR THE YEAR 1985 AND ESl'ABLISHIN'.J A MILL LEVY FOR THE FN3LEWOOO, aJLORAOO, ~ oEVELOPMml' AUTHORITY. WHERF.AS, it is the duty of the City eoi.ncil of the City of Englewood, Colorado, under the Cl\arter of said City and Statutes of the State of Colorado, to make the annual levy for City purposes for the year 1984, due and payable in 1985; and WHERF.AS, the City Comcil 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; ~' THEREFORE, BE IT ORDAINED BY THE CITY cam:;IL OF THE CITY OF EN:;LEWOOO, aJLORAOO, as follows: Section 1. 1'"aat 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 Serv i ce EUnd of the City of Englewood, Colorado. 'ttlat 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. 1'1at under the authority of Part 8, Art icle 25, Title 31 , of the Colorado Qevised 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 5.000 mills on the dollar for the use and benefit of the Englewood Colorado rx>wntown oevelopnent Authority. 'ltlat the levy hereinabove set forth shall be levied upon each dollar of the assessed valuation of all taxable property with in the Englewood Colorado rx>wntown oevelopnent District, and the said levy shall be certified as required by law. Introduced , read in full, c.nended, and passed on first reading as amended on the 15th day of October, 1984. • I • • ( ( ( • • • • Published as a Bill for an Ordinance on the 17th day of October, 1984. Read by title and passed on final reading on the 5th day of Novanber, 1984. Published by title as Ordinance No.1 ~ , series of 1984, on the 7th day of Novanber , 1984 • nigene L. Otis, Mayor Attest: ex officio City Clerk~Treasurer I, Gary R. Higbee, ex officio city Clerk-Treasurer of the city of fllglewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the Ordinanc~ssed on final reading and published by title as Ordinance No , series of 1984. Gary R. Higbee I • • - ( ( • • C 0 U N C I L DATE October 30, 1984 • • • C 0 M M U N I C A T I 0 N AGENDA ITEM q ft_ SUBJECT Englewood Recreation Center Proposed Fees list and Proposed Recreatioo ,.._ ........ 'C'-··-~ ~ INITIATED BY ---'F.ng,,.,.,..,,lewood==....!.P:..::ar=ks:<...::an=d....!.Rec=:!:.rea=t~i::::cn:.!....:Ccmni==s::::s:.::i::::on~-------- ACTION PROPOSED Approval of the Engl~ Recreation Center Proposed Fees list and the Proooseci Recreation Center Egui?nent Package. At their regularly scheduled ireeting en October 11, 1984, the Englewood Parks and Recreation Ccmnission revietved and discussed the Englewood Recreation Center Proposed Fees list and the Proposed Recreation Center Equipnent Package as sub- mitted by the Parks and Recreation Department staff (see copies attached). A rrotion was made, seconded and approved to reccmnerui to City Co\.Klcil that they approve the Engl~ Recreation Center Proposed Fees list and the Proposed Recreation Center Equipnent Package as subnitted . • I • • • - • • t.nt;tewooo .Kecreat:l.m \A!Il1..e1 Proposed Fees ( Youth & Seniors Adult I. Actni ssions A. S~rts Mnission .75 Res. 1.50 Res. (Allows use of everything in 1.00 Non. Res. 2.00 Non. Res. the Center except the pool and Racquetball Courts) Discount Coupon lx>ok 18.00 Res. 33.50 Res. 30 actnissions .22.50 Non. Res. 42.00 Non . Res . (25% DiSCQJ!lt) B. Aquatics Adni.ssion (Allows use of pool only) .75 Res. 1.00 Res. l.00 Non. Res. 1.25 Non. Res Discotnt Coupon book -30 18.00 Res. 22.50 Res. (25% DisC01.11t) 22.50 Non. Iles. 30.00 Non. Res c. S~cial Actn:ission (Canbine this rate with either of .25 Res. .50 Res. the other t\olO above and it gives .50 Non. Res. .75 Non. Re s you ackni.ssion to everything but the Racquetball Courts) Prime Time Non-Prime* (6-9am ; llam-lpm; 4-9pn All day Sat,Sun & Holidays) D. Racquetball (fee per court) (Fee includes use of court for 6 .00 Res. 5.00 Res . one lvJur and sports acbissioo) 7.50 Non. Res . 6.25 Non . Re ~ *Sl.mDer is non-prime time (May 15 -Sept 15) [. Annual Pass Family Pass ) Cllrrently under consideratioo Corporate Pass) II. EquiJ:llelt Rentals A. Balls -Volleyballs, Basketballs. etc . ) B. Racquetball Rackets ) .50 c. Fitness -hand weights, pulse meters, etc .) D. Life Jackets ) I III. Locker Rental .25 (per visit) • • ( IV. ~l IU!ntal .25 V. Facilit;t Rental s -Rates have not yet been e stablished • • - ( • • ( • 1. 2. 3 . 4. 5 . 6. 7. 8. 9 . 10. Weight Roan Sports Fitness Pool Pool Deck Pre-School Kitchen Office • • • Proposed Recreation <:enter Equipnent Package Audio Visual and Other Maintenance Contingency Grand 'lbtal $ 27,388.00 21,500.00* 15,329.00 17,295.00 3,963.00 3,375.00 3,347.00 2,733.00 30,629.00** 20,441.00 $146,000.00 2,000.00 $148,000.00' *Total includes $4,474.00 for two Scoreboards which we are still attaq>ting To find a sponsor to purchase. *"Total includes $1C>,000.00 set aside for a ~ter for the Center . I I . • • • • WEIGHT ROOM 1. Illnbbell Racks -(D:ruble, m.ist hold ten pair total ( top & bottan shelves 2' x 9') Industrial Machine 207.00 x 2 $ 414.00 2. Illnbbells -(M.J.st be solid & weigh within .25 of lb.) (Quantity 2 each 2, 5, 7, 10, 12, 15, 20, 25, 30, 35, 40, 45, 50, 55, 60, 65, 70, 75, 80, 85, 90, 95, 100) Industrial Machine 3,000.00 3. Abdaninal Board (Adjustable w/free standing ladder). A.M.F. #436-040 & 436-041 310.00 x 3 930.00 4. Carq>etition Bench (M.ist have adjustable standards) A.M.F. f/436-020 260.00 x 2 520.00 5. Olympic Seated Incline Bench (M.J.st have spotters platfot111 & adjustable standards) Industrial Machine 192.00 6. Dip Bar A.M.F. /1436-042 140.00 7. Leg Extension A.M.F. /1436-330 1,200.00 8. Leg Curl A.M.F. /1436-320 1,200.00 9. Hip & Leg Sled A.M.F. /1436-002 1,500.00 10. Seated Calf (fust hold Olympic Weights) Industrial Machine 160.00 11. Preacher Curl Industrial Machine 120.00 x 2 240.00 12. Ranan Clair & Back Hyperextension A.M.F. /1436-036 195.00 13. Leg Press Machine lhlversal INR /19()27-M 1,967.00 14. Oiest Press Machine Universal INR #9024-M 1,635 .00 15 . Walk in Squat Rack & Stool A.M.F . #436-038 & #436-034 405.00 16 . Lat Row Lever (M.J.st have platforms for the feet on top level of the structure) Industrial Machine 175.00 17. Flat Work Bench Industrial Machine 75.00 x 2 150.00 18 . Seated Incline Universal Double Adjustable #3089-M 509.00 I 19 . Hip Flexor/Abdc.rninal Raise • Rocky Mt:n . Gym or Inrustrial Machine 281.00 • • • - • • - Weight Roan (continued) 20. Shoulder Press/Squat Rack A.M.F. //436-360 & 436-350 605.00 ( 21. Lat Pull Down & Long Lat Pull (?-\1st include seat for both & uust be chain driven) Industrial Machine 1,500 .00 22. Olympic Weights -5 Bars & 7 (400 lb. set) (45 lb bar, plates 4/45, 4/25, 4/10, 4/5, 2/25 & 2/5 lb. collars) York or Industrial Machine 394.00 x 7 2,758 .00 23. Plate Holders York /JBTPH 7-Vertical 45.00 x 7 315.00 lbiversal /13097-M Horiz.ontal 112.00 24. Qlrl Bar York E-Z QJrl Bar #Bolez 68.00 x 2 136.00 25. Chalk Box & chalk CBX 208 Gibsm 43.50 x 2 87.00 26. Weight Belts lhiversal -6" S,M,L 30.00 x 3 90.00 Rocky Hen. 814 (IQ) 30.00 27. Rubber Matting Bag CaDpany \" Indust. Rubber 200 sq . ft. (Already Purchased) 1,280.00 100 sq. ft. 10.00 sq. ft. 1,000.00 ( 28. Biocycle 2 ,995.00 29. Rowing Machine 345 .00 (Arita 9~0) 30. Stationar:y Bicycles I Body QJard 955 395.00 x 2 790.00 M:xiarch Pro II 435.00 31. Adjustable Qrlning Bar 97.00 $27,388 .00 0 • I . . • • - ( ( • \ • ..................... . -- • • • 1. Badminton Nets Coas t pl8 OG<NBW21 15 . 54 x 2 2 . Bactninton Rackets Conlin's p61 SBR NB.5 18P2ll5 7.95 x 10 3 . Shuttlecock Coast pl8 Sportscraft 00187 (doz)l0.37 x 4 4. Indoor Soccer Goals & Nets Jayfro SF6-14 369.00/pair 5. Basketballs Wilson Jet Bl200 Coast p5 37 .64 x 12 6. Walleyball -2 kits 150.00 x 2 7. Equipnent Wheel C.arts Flaghouse p8 #144 197 .00 x 6 8. Portable Bleachers Dant p9 'IR440 1,069.33 x 4 9. Wall Padding (Gym B-Ball Goals) Viking 320.00 x 6 10. Volleyballs -Tachik.ara SUSW Conlin• s 25 pl59 32. 95 x 12 ll. Volleyball Nets -Coast p22 Tourney S.C. 12. Racquetball Rackets -Fl.agh:luse p25 #229 13. Racquetballs -Penn Blue Conlin p60 21P707 14. Handballs -Coast f/238 15. Racquet-Court Basketball 16 . Volleyball Standards Porter-Power line 2 00871-900 w/pads 2 Nets 00859-000 2 Antemas 00541 2 Judges Stands 00540 2 Boundry Markers 00542 2 noor Sleeves 00-870 17. Scoreboards FallJllay BB622CM 18. Ping Pong Table Coast p21 Hercules 19 . Ping Pong Rackets FlagOOuse pl43 #502 (12) 20 . Ping Pong Balls naghouse pl43 #512 (144) • 38.94 x 2 9.75 x 25 (doz)l8.00 x 3 (doz)l8.00 x 3 695.00 x 2 2,968.00 x 2 2,237.00 x 2 $ 31.08 79.50 42.28 369 .00 451.68 300 .00 1,182.00 4,277.32 1,920 .00 395.40 77.88 243.75 54.00 54.00 1,320.00 5,936 .00 4,474.00 2i4.00 18.60 60 .00 $21,500 .49 I . • • • • FITNES S EQUIPMENT 1 . Wrestling Mats 24' x 30' $3 .50 sq. ft . Viking or landolite l" thick Mat Carts 2 . Folding Mats 4' x 8' (velcro 4 sides) Cbast Marketing p24 or A.M.F. (RM-48V4) 3 . Folding Mat Truck Coast p25 GSC-420-4 4 . Crash Mats 5' x 10' x 8" A.M.F. or U.C.S. (accept. altemate) 5 . Landing Mats 6' x 12' x 4" A.M.F. or U.C.S. (accept. alternate) 6. Free Standing lh!vens -Gym Master (can convert to Parrallel Bars) 7. Transporters -Gym Master 8 . Balance Beam -Norco (A.M.F.) 9. Practice Balance Bean -.Norco (A.M.F.) 10. PCXllllel Horse -A.M.F. (Tapahide) 11 . Vaulting Boards -Gym Thing (Spring) 12. Air Board -Norco 13 . Spotting Table -Norco 14 . Parralettes 15. 4' Single Bar 16. Inclines GSC p75 820-V GSC .p73 842-V 17 . 'l\mlblers G.5C p75 15 x 24 823-V GSC p75 20 x 28 824-V 18 . large Steps CSC p73 844-V 19. Q.Jadropedal Ladder GSC p83 249-V 20. Busy Block GSC p76 896-V 21. Individual Fitness Ma ts 2' x 4' 2" thick 22. Rebounders 23. Pulse Meters -Exesentry by Re spironics 24 . Heavy Hands (AMF) 25. Physician's Scale (Coast) 26 . Jl.KJ1> Ropes (Coast) • 119.05 x 10 423.00 x 4 555.00 x 4 70 .00 x 2 19 .75 x 30 40 .00 x 5 135.00 x 2 25 .00 x 4 300 .00 x 2 1.93 x 30 $ 2,520.00 1,190.50 216.46 1,692.00 3,330.00 600 .00 140.00 725.00 350.00 1,173.00 425.00 175.00 210.00 25.00 95.00 147 .00 58.00 51.00 74 .00 78.00 92.QO 142.00 592.50 200.00 270.00 100.00 600.00 57.90 $15,329 .36 I . POOL IECX FURNI1URE 1. Ccmnercial Chaises 2. Dining Table 48" 3. Dining Cl-.air/stacldng • • • • • 221.40 x 12 209.30 x 2 110.00 x 8 $2,656.80 418.60 888.00 $3,963.40 I . . (_1 ,, • • • • PRE-SOIX>L, Ycum & OiILD CARE 1. Parachute -Sportime /IW52B 2 •. Vestibula Rock-a-Boat -Playhearn pgl5 PLP352-431 115.00 x 2 3. Playform Panels -Playhearn PLP902-901 4. Econany Kitchen Center -Playhearn PLP352-487 pg23 5. Hanging Wall 1.hlt -Playheam PLP352-609 pg22 6. Groovee Loops -Snitz 12C-L pg 16 7. Natilus -Kaplan 1H0504 pg58 8. Playhoops -Kaplan 24" 1H0383 pg64 30" 1H0755 9. Piano 10. Cribs 270.00 x 2 .• 540.00 mattress: 70.00 x 2 • 140.00 • $ 63.00 230.00 250.00 249.00 94.00 37.75 185.00 40.00 doz. 46.00 doz. 1,500.00 680.00 $3,374.75 I . • t ' • • • • om CE 1. Portable Easel lt>eckels 24-021 (pg271) 2. Portable Cllalkboard Flaghouse f/2067 w/casters (pgl28) 3. Hand Truck -Grainger ~l'l!Wl.79 & fl'ZW064 ext. (pg542) 4. Message Board ltleckels 964 or 5 (pg274) 5. Marker Board ltleckels 5538 (pg273) 6. Cllalk Board lklec:kels E648 (pg274) 7. Pencil Sharpeners Hoeckels AP0705 (~06) 8. Trash Cans Hoeck.els 2900 (pgl9) 9. Coat Rack Hoeck.els 3U4 111' (pgl5) 10. Bulletin Boards Hoeck.els 307 (pg275) 11. Paper <lltter Hoeck.els 1104-75 (pg250) 12. First Aid Kit Fl.agOOuse #1054 (pg54) 13.10 x 3 21.90 x 10 157.30 x 2 103.00 x 8 13. Message Board -Portable -Hoeckels 7900 (pg276) (one set each letters -Fl, F3/4, Fl/2) 7.30, 6.25, 6.60 14. Metal lk>le Punch Hoeck.els #1502 (pg298) • 108.00 203.00 76.62 14.58 350.00 134.00 133.00 39.30 219.00 314.60 824.00 75.00 102.00 80.00 20.15 39.50 '$2, 732. 75 I . • • • • AUDIO VISUAL & BUSINESS MArnINES 1. Kodak Ektagraphic "Carousel" (w/zoan) " 2. Calif one Record Player 3. 60 inch Screen (Heavy weight) 4. Klvi.e Projector -ElKl-SL-0 5. Projector Cart 6. V.C.R. -Hitachi Camera M:Jnitor 7. Ph:>to l.D. Systan Polaroid 8. Ce21putil!IP Haak up. 9. Cash Register 10. Typewriter -IBM #895 (bolO elanents) (Adler elec. correcting $500.00) 11. Extra Speakers for Stereo System CYmER 1. Stage (l.S.E.) 2. Washer & Dryer (~:Wascanat, d:Loadstar) 3 . Towels Ikmestic 22" x 44" (doz)21.80 x 40 4 . Pace Clock (for nmning track) C.Olo. Timer RT-1 Grand Total • f ' • • $ 375.00 149.00 163.00 895.00 U5.00 995.00 1,200.00 600.00 3,400.00 1,500.00 780.00 200.00 $20,382.00 3,475.00 5,000.00 . 872.00 I 900.00 $10,247.00 $30,629.00 I . • • - • • MAINI'ENANCE Cleaning F.quipnent I~ l. Large Floor Scrubber -Clarke Leader 3200 $7,158.00 2; Wet-Dry Vac -Clarke 476.00 3. Spray & Buffer Bumisher -Clarke 435461-9 1,400.00 4. Upright Vac -Clarke 331.00 5. Floor Scrupper -Clarke TB-2~1 2,680 .00 6. Push Sweeper -Clarke ClllO 787.00 7. VaCUl.ID (Colo. Olan. Co.) 700.00 8. Trash Collector Cart -O:lntinental #55 90.80 9. Ma.id Cart -Jllbbermaid #6151 190.80 10. la\mdry Cart -Rubbetmaid (12 lllshel) 236.00 11. SOOwer /Door Mats -Nomad 3' x 20' 235.00 x 2 470.00 12. Garden Hoses 50.00 $14,569.60 M?pping Equipnent 12. 26 qt. liJp Buckets w/o casters 50.00 x 2 100.00 13. 26 qt. M'.>p Bucket w/casters 64.00 14. 16-24 oz. liJp Bucket w/rmger 85.00 x 3 255.00 (I 15. 63" x 7" liJp Handles -hardwood 8.10 x 4 32.40 16. 16-20 ox. liJp Heads 90.00/case J $541.40 17. 36" Squeege · 23.19 x 2 46.38 18. 24" Squeege 16.00 x 2 32.00 19. Squeege Handle 3.50 x 4 14.00 20. 18" Window Squeege 9 .48 x 1 9.48 21. 12'' Window Squeege 9.12 x l 9.12 22 . 14" The Strip w/handle 7.70 x l 7 .70 23. Extension Handle 20.00 $138 .68 Broans -n.isorops 24. 24" Push Broan Blk Tmt>ico 25.00 x l 25.00 25 . 36" Push Broan Blk Tmt>iCO 35.00 x l 35.00 26. 8" x 2 3/4" Comter Brush 5.25 x 2 10 .50 27 . Reg Broan 10.00 x 2 20.00 I • • ,, 28 . 5 x 72" n.istIDOp handle & frme 28.40 x 2 56.80 • • • • • MAlNrENANCE (continued) Brocr.is -D.lSO!OtlS "'I 29. 5 x 36" D.lstl!Dp handle & frane 18.00 x 2 36.00 30: 72" D.lstl!Dp Heads 16.00 x 6 96.00 31. 36" D.lsooop Heads 14.10 x 6 87.60 32. D.lst Pan Lobby 24.40 33. D.lst Pan Poly 3.70 x 2 7.40 34. Handle-Push Broan 3.50 x 2 -1..:!!2. $405.70 Hand Tools 35. 13 qt. Poly Probelene Bucket 4.00 x 6 24.00 36. Sponges 1.20 x 12 14.40 37. Feather D.lsters 6.25 x 4 25.00 38. Rags 10 lbs/10.00 10.00 39. Toilet Joluiny Brushes 3.00 x 6 18.00 40. Scratch Pads box 42.80 41. Snow Shovels 20.00 x 2 40.00 42. 4' Al\.l!l:imJD !Adder 25.00 43. 6' Al\.l!l:imJD Ladder 35.00 '-' Option -Uttle giant 4' x 7 '3" A Frane 15' ext. 419.00 Scaffolding -Steel -33 lb. Persec. 29" frame -corsspieces -outr~ers -quardrail 111038.00 & posts -plank (2) ~lete 30 x 46' Hay $1,691.20 Cleaning Qiernicals 44. Sythetic floor Cleaner 55 gal. 180.00 45. General Purpose Cleaner 55 gal. 402.00 46. Cleaner Disinfectant 55 gal. 364.90 47. Waterless Cleaner 15 gal. 147.00 48. Sealer Varithane 21 gal. 455.70 49. Glass Cleaner 15 gal. 207.00 50. Wax Stripper 15 gal. 130.65 51. Wax 25 gal. 258.20 52. Toilet Bowl case 33.60 53. Drain Cleaner case 34.50 54. Trash Bags case 24.00 I (' 55. floor Pads case 38.80 • • • • • • • 'MAINrE:NANCE (continued) Cleaning OtEmicals 56. Machine Pads case 29.50 57 ; Soil Sorb Pads 21.40 58. Drip Sys For Bathrocms 40.88 59. Wet Floor Signs 11.45 60. Power snake 350 .00 61. Hand tools c~lete 350.00 62. Plungers 5.00 63. Ansto Applicator 9.30 $ 3,093.88 Grant Total $20,440.46 I . • • • - • • Kll\"'.l!!·':'\ \ve~nn.;n r .. Timission Carq:>any 4-450 Li J'.'l.""'I Street De:w.;-r. ro 80217 Unit Total 1. 50400-1 Fires-out Ash Trays 5" 4 doz 32.90 32.90 Flatware 2. 56032-6 Teaspoons 2 doz. 3.72 7.44 3. 56036-7 Dinner forks 2 doz. 5.22 10.44 4. 56046-6 Serrated knifes 2 doz. ·9.21 18.42 5. 55050-9 202 Square shaker 2 doz. 11.25 22.50 6. 55706-6 Therm:> Serve 2 doz. 13.02 312.48 7. 55422-0 Pitcher #3062-06 2 doz. 2.02 48.48 8. 52418-1 575 Sugar Pourer 6 1.20 7.20 9. 56585-3 T5000 Creaner 6 2.09 12.54 10. 56029-2 Condiment Dispensers -llllStard 3 1.05 3.15 11. 56023-5 Condiment Dispensers -ketch.Ip 3 1.05 3.15 12. 55817-1 Ecooany Trays 3 doz. 58.18 174.54 13. 57530-8 Snap Drape Table 6. Stage Skirt~ 12' x 29" 3 48.24 144.72 14. 56235-5 Silverstone Fry Pan 10" 4 15.30 61.20 15. 56149-8 4415 Bake Pan 1 13.26 13.26 16. 56185-2 5325 M.lff in Pan 1 20.46 ' 20.46 17. 56146-4 Dish/Utility Pan #4521 1 18. 56151-4 5261 Measure 1 7.14 7.14 19. 56155-5 C.Olander 114611 1 28.91 28.91 r 1 20. 56221-5 Stock Pot 1 37.74 37 .74 21. 56222-3 Stock Pot l 51.51 51.51 22. 56258-7 Sauce Pots ~ quart l 39.90 39.90 23. 56248-8 Sauce Pot 2 quart l 25.04 25.04 24. 56310-6 Bun Pans 18" x 12" reg. wgt. 1 6.92 6!92 25. 56268-6 Cake Pans 10" 4 3.24 12.96 26. 51708-6 Rolling Pin 1 4.96 4.96 27. 240 All Season Clltters 2 28. 51026-3 c.ook's Knife 10" 5510 4 8.18 32 .72 29. 51028-9 Paring Knife 3" -0548 12 1.34 16.08 30. 55660-5 c.ook's Fork 2 5.39 10.78 31. 55662-1 Pie 6. Cake Server 2 4.99 9.98 32. 55593-8 Pizza Clltter l 5.16 5.16 33. 53629-2 Turner s 8696 2 6.93 13 .86 34. 51772-2 390 Electric Sharpener l 108 .27 108.27 Clltting Board Carb-X 35. 55284-4 3461 1 8 .43 8.43 36. 55285-1 3464 1 11.84 11.84 37. 55286-9 3467 1 15 .60 15.60 38. 55064-0 Knee Action Peeler 6 1.24 7.44 ~ 39 . 56410-4 1 1.43 1.43 I 40. 56411-2 1 1.43 1.43 • • 41. 56412-0 1 1.43 1.43 42. 53600-3 1 1.79 1. 79 43. 53604-5 1 1.59 1.59 44 . 53608-6 1 1.59 1.59 • • • l - • • 'YJ.TrnEN (continued) Unit Total 45 . 56080-5 Heavy n.ity Mitts 3 pr. R.84 11.52 46. 51713-6 Measuring Clip Set 1 2.70 2.70 ~I 47. 51810-0 Zeroll Dipper 2 7.32 29.28 48. 56164-7 lnng Ring Timer 1 8.88 8.88 Mixing Bowls 49. 53279-6 l 4.28 4.28 50. 53268-9 l 5.92 5.92 51. 53272-1 l 7.16 7.16 52. 53480-0 l 10.88 10.88 53. 53276-2 l 15.62 15.62 54. 53278-8 l. 55. 51705-2 Mesh Strainer l 2.07 2.07 56. 51709-4 Mesh Strainer l 10.54 10.54 57. 55783-5 Electric Can Opener #203 l 156.28 156.28 53. 55785-0 Can Punch 6 5.63 33.78 59. 53084-0 Utility Scale SF-5 l 29.78 29 .78 60. 59U0-6 Vegetable Brush #402 l 2.80 2.80 61. 55211-7 Cloth Aprons -Bib style l doz 26.22 26.22 62. 58098-5 49 D Com Popper l 556.89 556.84 63. 53989-0 Osterizer Uquifier Blender l 67.20 67.20 64. 50064-5 Food ProcesSOl! l 319.60 319.60 65. 58307-0 404-3 Utlity Cart 2 143 .39 286.78 66. 55492-3 Rubbermaid Step Stool 2 19.70 ' 39.40 Newco RC and RD Pour-<>ver Coffee Brewer Percolators 67. 58054-8 30 Clip 1 32.98 32.98 68. 58055-5 58 Clip l 60.13 60.13 69. 58053-0 90 Clip. 1 68.58 68.58 $3 ,146i60 Target Miscellaneous 70. Dishes, Classes, etc. 200.00 Grand Total ~31346.60 • I . . • • • • • SW1M-'1ING PO')L EQUIPMENI' LIST l. Vac\ll.Ill Reel Recreonics 10-400 30.00 x 5 150.00 (..1 2. Deck & Floor Squeeges (36") Recreonics 10-196 46.00 x 2 92.00 3. -Vacuiin Handles & Poles (8') Recreonics pgl5 10-350 38 .72 x 5 193 .60 4. Pole Hangers Recreonics pgl5 10-355 2.34 x 6 14.04 5 . Rescue 'l\Jbe Recreonics pgl8 12-290 39.38 x 2 78.76 6. Backboard Recreonics pgl9 12-295 96.90 7. Rescuitube Airway Recreonics pg20 12-439 5.32 8. Pressure DBnand Air Mask Recreonics pg22 12-647 l,344.00 9. ?-Vvebale Lifeguard Qurl.rs (6') Recreonics 12-500 l,314.60 x 2 2,628.00 10. Rachet Takeup Wrench Recreonics pg25 15-036 8.45 x 2 16.90 11. Safety Line Kit (100 ft) Recreonics pg27 12-380 .92 x lOOft 92.00 12. Starting Blocks Recreonics pg63 46-100 525.00 x 8 4,200.00 13. Deck Anchor & Cover Plates Recreonics pg63 46-101 45.36 x 8 362.88 14. Handicapped Swimning Pool U.fter Rec. pg68 46-602 781.56 15. Cylinder Tank Scale Recreonics pg"'r4 52-013 707.26 16. Cylinder D:>lly Recreonics pg74 52-095 229.98 17. Pool Thernoneter Recreonics pg77 56-110 8.67 x 5 43.35 18. Test Kit Recreonics pg78 56-170 37. 74 x 2 75.48 I ·19 . Portable P.A. #2210 Flaghouse pgl30 309.00 20. Under H20 Salan GmDe Recreonics pgl04 94-014 17.02 x 2 34.04 21. Dive & Relay Sticks Recreonics .~104 94-025 9.84 x 2 ,19.68 22. Dive Discs Recreonics pgl04 94-024 7 .96 x 2 15.92 23. Starting Qm Recreonics pgl06 92-970 · 115.54 24. Kick Boards (blue) Recreonics pgl08 92-210 5.98 x so 299.00 25 . Pull Boards (blue) Recreonics pgl08 92-215 5.02 x 20 100.40 26. Pull Bouys Recreonics pgl08 92-140 3.85 x 20 77.00 27. Handle Paddles (blue M) Recreonics pgl08 92-130 3.80 x 50 190.00 28. Swim Trainer Recreonics pgl08 92-175 14.85 x 10 148.50 29. Diving Brick Recreonics pgl08 92-260 23.68 x 2 47.36 30. Racing Lines (25 mtrs) Recreonics pgllO 14-331 215.46 x 7 1,508.22 31. Storage Reel Recreonics pglll 14-360 452.20 x 2 904.40 32 . Storage Reel Cover (blue) Recreonics pglll 14-365 73 .15 x 2 146.30 33. Backstroke Flags (bl/\oht) Swim Time pg22 P285350 1.65 x 120 ft 198.00 34. Backstroke Post Swim Time pg22 Pl42660 159.00 x 4 636.00 35. Backstroke Anchors Swim Time pg22 Pl42670 67.20 x 4 268.80 I ~I 36. \later Basketball Swim Time pg23 P012860 25.00 x 2 50.00 • • • • • • • •SWIM1ING POOL EQUll't-E'rl' LlST {contlllUed) 37. VaC\llll Head (2") Fairlocks Adolph Keifer pgl7 38. Adult Life Jackets Hot soot Miltco pg2 4901 39. Stop 'Watches Aquasplit 91.rlm Shop 730XP 40. Trashcans (outside deck) Hoeckel's 8176 ' I ~I • • 11.50 x 12 59.95 x 8 86.80 x 4 150.00 138.00 479.60 347.20 $17,294.99 I . • ~ n • • (' • C 0 U N C I L DATE October 30, 1984 • • • C 0 M M U N I C A T I 0 N AGENDA ITEM C/ / SUBJECT Reoc11111e11dat:im to City c.ouncn to nerm:it no corporate passes to the ~1~-·-.. ~~- INITIATED BY blemrJ Pm;lca pi BosreatJm fmv!es:im ACTION PROPOSED lbet Ip g:gggrate PMSM be apprqyad for use at the blewood Becrutim Cftlter At their regularly scheduled meet~ en October 11, 1984, the FngltH>Od Parks and Recreatim CClmd.ss:im discussed in great length the possibilities of 1 offering corporate passes for use at the Englewood Recreatim Center. The CClmd.ss:im felt that 11Dst corporate llll!ld>ers wuld be ncn-Fnglewood residents and their use of the center wuld red.Ice the availability of the center to tax-paying EngltH>Od residents. A 11Dt:im was made, secmded and approved that a reccmnend- at:im be made to City C<u!cil that no corporate passes will be permitted to the EngltH>Od Recreat:im Center . • I . • - \ ' ( • • • • • c 0 u N c I L c 0 M M U N I C A T I 0 N {' DATE AGENDA ITEM SUBJECT Special Warranty Deed to Engle- November 1, 1984 wood School District No . 1 /l o..- INITIATED BY Citv Manaae r ACTION PROPOSED A,E,Eroval of Bill for Ordinance BA CKGR OUND Whe n the City of Englewood and the Englewood School District No. 1 entered into an agreement for the joint use of the Herbert Hosanna Athletic Complex (de ten- tion facility), it was agreed that the City would deed to the School District a stri of land along the east edge of the east soccer field. As you will recal l, the City purchased several properties along Clarkson Street and h as retained tho se ownerships except for an easement to the School District for their maintenance facility and this strip along the soccer field. As we were reviewing the final construction and legal documents, we discovered that a portion of the east soccer field had not been deeded to the School District a s was a greed. We found that the legal description had been written , but a deed had not been recorded. RE COMMEN DAT ION To correct this oversight, the attached drawing and bill for an ordinance deeding the west 14.26 feet of the east 23 .87 feet of Lot 3 , Sandra 's Subdivision will pro- vide the necessary land to place the soccer field totally within School District- owned property. The City still retains an easement for flood-water detention . • I I • • • • • ' School District No. 1 ... City of Englewood D • -NoRTH Parcel to be conveyed to Schoof District ( for Soccer field ) t-= UJ z 0 UJ ~ a: < ..J 0 • UJ ll ·f -84 JL I . • . \ ( ( • • • .. • ORDINAOCE 00. BY AUTHOR ITY CXXJtl:IL BILL 00 . 52 INTRO!:XX:ED BY CXXJ OC IL MEMBER fW SERIFS CF 198'""4 __ _ A BILL FOR AN ORDINAOCE AUTHORIZING 'IBE Elffi:UTION CF A SPEX::IAL WARRANTY DE.ED 'ro OCHOOL DISTRICT 00. 1, ARAPAHOE CXXJNTY, COLORAOO, CONVEYING REAL PROPERTY IN CONFORMAOCE WITH 'IBE CITY'S AGREEMENT WITH 'IBE OCHOOL DISTRICT . WHERFAS, i t was contenplated by agreement between the parties dated June 6, 1984 and recorded in Book 3916 at page 85 to and inclooing page 116 of the records of the Arapahoe COi.mty Clerk and Recorder and after final survey and construction that certai n property should be granted to the School Board for a boundary for its athletic fields; and WHERFAS, it is now appropriate to grant to the School Board a fee interest in that property; NCM, 'IBEREFORE, BE IT ORDAINED BY 'IBE CITY CXXJOCIL CF 'IBE CITY CF EN:ir..&JQOO, COLORAOO: Section 1. 'Itlat City Coincil hereby approves the grant to the School District No. 1, Arapahoe county, COlorado, of a strip of land between the Ci ty property and the edge of the east soccer fi eld, legally described as follows: The West 14. 26 feet of the East 23. 87 feet of LOt 3, Sandra's Subdiv i sion, Arapahoe county, COlorado. Sa i d parcel contains 2,795 square feet or 0.064 acres, mor e or less. Sec tion 2. 'Itla t City Council hereby authoriz.es the Mayor and the ex offi c i o Ci t y Clerk-Treasurer to sign and attest a qu i t claim deed t r a nsferr i ng the above-described property to Schoo l Dis t r i c t No. 1 , Ar ap ahoe co unty, Colorado . Introduced, read in full , and passed on first reading on the 5th day of Novenber, 1984 . Published as a Bill for an Ordinance on the 7th day of Novenber, 1984. Attest: E>..lgene L. Otis , Ma yor ex officio City Clerk-Treasurer • I • - \ ( ( • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colora:lo, hereby certify that the above and foregoing is a true, accurate and canplete copy of a Bill for an Ordinance, introduced, rea:l in full, and passed on first rea:ling on the 5th day of Novanber, 1984. Gary R. Higbee I • - • ( • • • • SPECIAL WARRANTY DEED This Deed made this ~~-day of , 1984 between the CITY OF ENGLEWOOD, COLORADO, a Colorado municipal corporation with City Hall at 3400 South Elat i Street, Englewood, County of Arapahoe, State of Colorado 80110, hereinafter "Granter" and SCHOOL DISTRICT NO. 1, ARAPAHOE COUNTY, COLORADO, hereinafter "Grantee"; WITNESSETH, that Granter, for and in consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION, to Granter in hand paid by Grantee, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm unto Grantee, its heirs and assigns forever, the following real property situate, lying and being in the County of Arapahoe and State of Colorado, to wit: The West 14.26 feet of the East 23.87 feet of Lot 3, Sandra's Subdivision, containing 2,795 square feet or 0.064 acres, more or less. THE CITY OF ENGLEWOOD HEREBY RESERVES UNTO ITSELF THOSE RIGHTS FOUND IN THE AGREEMENT 'STORM WATER DETENTION AREA' AS IS MORE FULLY SET FORTH IN BOOK 3916 AT PAGE 85 TO AND INCLUDING PAGE 116 OF THE RECORDS OF ARAPAHOE COUNTY CLERK AND RECORDER. Grantee hereby covenants and agrees that the real property conveyed hereby shall be held and used for public educational purposes, together with such other uses, including but not limited to, flood water detention purposes developed by the City of Englewood. Together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits there- of; and all the estate, right, title, interest, claim and demand what- soever, of Granter, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD, the said premises above bargained and described with the appurtenances, unto the City of Englewood, Colorado, a Colorado municipal corporation, Grantee, its heirs and assigns forever. And Granter, for itself and its successors, covenants and agrees to and with Grantee, its heirs and assigns, the above bargained premises in the quiet and peaceable possession of Grantee, its heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by, through or under Granter, to WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, Granter has caused its corporate name to be hereunto subscribed by its Mayor and attested to by its ex officio City Clerk-Treasurer, and its corporate seal hereunto affixed the day and year first above written. Attest: Gary R. Higbee, ex officio City Clerk-Treasurer STATE OF COLORADO ) ss. COUNTY OF ARAPAHOE ) CITY OF ENGLEWOOD, COLORADO a Colorado municipal corporation The foregoing instrument was acknowledged before me this day of , 19 by Eugena L. Otis as Mayor and Gary~bee as ex officio city clerk-Treasurer of the City of Englewood, Colorado. My Commission exires Notary Public Address: 3400 S. Elati Englewood, CO 80110 • I • • ( ( • C 0 U N C I L DATE March 28, 1984 • • - C 0 M M U N I C A T I D N AGENDA ITEM SUBJECT /j}} Penalty Charges fo r Frozen Water Lines INITIATED BY ~~~~E_n_g l_e_w_o_od~W_a_te_r~a_nd~S_e_we_r~B_o_ar_d~~~~~~~~~~~ ACTION PROPOSED·~~~C_i_ty~C_o_u_nc_i_l~in_s._t_r_uc_t~t_he~C_i_ty;.._A_t_to_r_n_e~y_t_o-'-pr_e~p_a_re~a_n~~ ord i nance for City Council, to be reviewed by the Water and Sewer Board prior to Counc i l approval. recoll'lllending that a $100 fee be imposed on a property when the Utilities Department is requested to thaw a service line after the line had previousl y bee n thawed by the department . BACKGROUND I n the wi nter of 1982 and the first part of 1983, the Utilities Department r ece i ved over 200 calls for assistance with frozen water lines . The Ci t y r es ponded to al l these calls and used the welder and/or Hotsy to thaw app ro xim ate l y 40 services . It was noted at the time that many of these call s were r epeat calls from previous years and some even from a few days after be i ng thawed. When the men on the Util i ties crew respond to a call, th ey advise the owner /tenant of how to correct the situation and how to prevent th e li ne from free zi ng again. When the welder or Hotsy is nee ded to thaw a li ne , the time re qui r ed is between 3 to 8 hours or more per resi den ce dep end i ng on t he ci r cumsta nces of the plumbing involved. Often a street cut an d digg ing is required , using a backhoe and a minimum of three men for this opera t i on and two more for operat i ng the Hotsy . FINANCIAL DETAILS The Water and Sewer Board rec01T111ends imposing a $100 fee when the Utilities Department must return to thaw a frozen service li ne and , in the opinion of the Director of Utilities. the sec ond freezing coul d have been pre vented by the owner/occupant following the instructions gi ven by t he Departme nt when the line was originally t hawed. The resi dent/own er would be required to sign an acknowledgement form on the first trip before assistance is given . • I • • • ( • • • • RECOMMENDATION The Water and Sewer Board recorrmends that City Council instruct the City Attorney to prepare an ord i nance for Ci ty Council, to be reviewed by the Water and Sewer Board prior to Council approval. recOfllllending that a $100 fee be imposed on a property when the Utilities Department is requested to thaw a service line after the line had previously been thawed by the department . • I • • r ( • • • BY AUTHORITY OROINAOCE NO. SERIF..S OF 198_4 __ _ A BILL FOR AN OROINAOCE ASSESSING A OiARGE FOR REPEAT CALLS ON FROZEN SERVICE LINES ON PRIVATE PROPERTY BY J\ME2IDING TITLE 'IN, OiAPTER 3, SEX::TION 42 OF THE EN:;L&KX>D MUNICIPAL CXlOE '69, AS AMENDED. WHEREAS, during periods of extranely cold tanperatures, certain private service lines have fr o zen and the residents have called the City of El'lglewood to thaw those service lines; and WHEREAS, the Water Division has thawed those services lines not in the public right-of-way and has reccmnended precautions to be taken by the property owners to prevent the services lines fran freezing during such extranely cold periods; and WHEREAS, sane property owners do not follow the reccmnenda- tions of the water Division and allow the services lines to re- freeze, thereby causing the water Division extra time and expense to again restore service to the property; NOW , THEREFORE, BE IT ORDAINED BY THE CITY CXXJOCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: section 1. That Title 'IN , 01apter 3, section 42, is hereby Clllended by adding a new subsection (5) to read as follows: 15-3-42: NO RESPONSIBILITY FOR Da\MAGE (5) IN THE EVENT 'rnAT 'niE WATER DIVISION IS RF.C(JESTID TO AND DOES 'rnAW OR OTHERWISE PROVIDE REIATED SERVICES FOR A FROZEN OR COW-DAMAGED RESIDENTIAL SERVICE LINE 'rnAT IS NOT IN n!E PUBLIC RIGHT-OF-wAY Bl!I' IS ON A LICENSEE'S PRIVATE PROPERTY, 'niE LICENSEE SHALL PAY A FEE TO 'niE WATER DIVISION Al'UJNTING TO 'niE FAIR MAAKET VALUE OF THE SERVICES PROVIDED FOR THAWING OR OTHER AID IN RESTORING SERVICE TO THE PROPERTY, Bl!I' IN NO EVENT LESS 'rnAN ONE HUNDRED OOLIARS ($100). THIS FEE SHALL NOT BE IMPOSED IF THE LICENSEE'S RF.C(JEST FOR THAWING OR OTHER SERVICES IS HIS OR HER FIRST SOCH RF.C(JEST AND IF THE LICENSEE HAS FO~ED ANY AND ALL PREVIOUS ~ED PREX:Al!l'IONS FRa1 THE WATER DIVISION REGARDING THE LCX:ATION OF THE LINES AND THE RISK OF FREEZING. IN ANY EVENT, THE WATER DIVISION AND THE CITY OF EN:;LEl<JOOD ARE NOT OOLIGATED 'IQ PERFORM SOCH SERVICES NOR 'IQ PROVIDE ANY PROTEx::"l'ION FRa1 LEAKS OR FREEZING ON THE LICENSEE'S PROPERTY, WHICH IS OOLELY THE RESPONSIBILITY OF THE LICENSEE • • I • • - • • • • • • Introdoc:ed, read in full, and passed on first reading on the 5th day of November, 1984. Published as a Bill for an Ordinance on the 7th day of November, 1984. Eugene L. ot1s, Mayor Attest: ex off1c10 City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of f)lglewood, 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 5th day of November, 1984. Gary R. Higbee • l l I • - (( • C 0 U N C I L DATE March 28, 1984 • • • C 0 M M U N I C A T I D N AGENDA ITEM SUBJECT If G Policy on Outside Sewer Customer Delinquencies INITIATED BY ~~~~E_n~g_le_w_o_od~W_a_te_r~a_nd~S_e_w_er~B~o_ar_d~~~~~~~~~~~ ACT 1 ON PROPOSED City Attorney prepare an ordinance for City Council approva 1 to impose a double fee on outside City sewer customers, if the City of Englewood must certif these delin uencies to Arapahoe or Douglas Counties. BACKGROUND At the beginning of this year, Englewood had to certify 424 delinquent accounts with Arapahoe and Douglas Counties. Records show 202 accounts were certified in 1982, 168 in 1981 and 180 in 1980. The process of certification requires a great deal of staff time and effort which could be better spent on other projects. Almost all the delinquencies are out- side the City limits, since delinquent accounts inside the City are subject to water shutoff in the event of a delinquency. FINANCIAL Arapahoe County charges a $3.00 filing fee per property to the owner, and also charges the owner 12 % interest on the amount collected. The City of Englewood is reimbursed the delinquent amount when the County collects it . RECOMMENDATION The Water and Sewer Board rec011111ends City Council instruct the City Attorney to prepare an ordinance for City Council which requires a double fee on outside City sewer customers whenever the City must certify a sewer account as delinquent to Arapahoe or Douglas Counties. I • • • • • • BY Al1I'HORITY ORDINAOCE 00. __ _ CXXJNC I L BILL 00. 54 INTRODUCED BY COUOCIL MEMBER c/J-SERIES OF 1984 A BILL FOR AN ORDINAICE AMEND!~ TITLE XV, OIAPI'ER 5, SEX:TION 3, OF 'IBE FN;L~OOD MUNICIPAL CODE '69, AS AMENDED, BY AOOI~ SUBSEC'l'ION (h ) (3) THERETO RELATI~ TO DELINQUENT SEWER OiARGES. WHEREAS, many sewer charges and/or surcharges due the City of Englewood go past due f?Very year; and WHEREAS, it has been necessary for the Finance Department to certify many delinquent accounts for sewer charges or surcharges, i nclooing collection charges, pretreatment charges, monitoring charges or sewer tap fees, to Arapahoe County for collection; and ~REAS, the certification of delinquent sewer accounts is an added expense to the City; NCM, 'IBEREFORE, BE IT ORDAINED BY 'IBE CITY ClXJNCIL OF 'IBE CITY OF EN;;L~, COLORAOO, as follows: Section 1. That Title XV, Olapter 5, Section 3, of the EM: '69, as Cltlel'lded, is hereby Clllended by adding a new subsection (h) (3) to read as follows: 15-5-3: FEES AND OiARGES (h) De linquency and Collecti on (3) IN 'IBE EVENT 'IBAT ANY SDIBR OiARGES OR SUICHARGES, llCLUDIN:;, B!Jl' WI' LIMITED TO, COLLEC'l'ION OiARGES, PRETRF.A™ENI' OiARGES, l'UUTORIN:; OiARGES OR SD/ER TAP FEES, MUST BE CERTIFIED TO A COUNTY FOR COLLECI'ION AS A DELINC(JENI' ACCOONT, A FEE B;.'UAI. TO DOUBL E 'IB E AMOONT ()olfD SHAIL BE CERT I FIED AND COLLEC'l'ED. Introduced, read in full , and passed on first reading on the 5th day of Novenber, 1984. Published as a Bill for an Ordinance on the 7th day of Novenber , 198 4 • EUg ene L. obs , Mayo r Attest: ex officio City Clerk-Treasurer I • - • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Engle~, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of a Bill for an Ordinance, introdoced, read in full, and passed on first reading on the 5th day of November, 1984. Gary R. Higbee • I . • ORDINANCE NO. SERIES OF 1984 • • • BY AUTHORITY A BILL FOR 11~ COUNCIL BILL NO. 58 INTRODUCED BY COUNCIL MEMBER /1.µ, L AN ORDINANCE AMENDING THE CITY MANAGER'S PROPOSED BUDGET AND ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 1985. WHEREAS, pursuant to the provisions of Part I of Article X of the Charter of the City of Englewood, Colorado, adopted by the voters on July 8, 1958, a budget for the fiscal year 1985 was duly submitted by the City Manager to the City Council before September 15, 1983; and WHEREAS, a public hearing on the said budget was held by the City Council within three weeks after its submission at the meeting of the City Council on September 24, 1984, regular notice of the time and place of said hearing having been published within seven days after submission of the budget, the manner provided in the Charter for the publication of ordinance; and WHEREAS, the City Council of the City of Englewood has given considerable study to the aforementioned budget on numerous occasions; and WHEREAS, it is the intent of the City Council to amend the 1985 budget as submitted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That the budget of the City of Englewood, Colorado, for the fiscal year 1985, as submitted by the City Manager and duly considered by the City Council after public hearing, be and hereby is adopted including the following amendments, as the budget for the City of Englewood for the fiscal year 1985 • I • • - • -2- Section 2. General Fund Expenditures Proposed Legislation & Counsel $ Municipal Court Administration 496,467 316,985 1,906,959 2,903,017 3,175,055 4,168,899 2,506,215 Public Works Fire Police Parks and Recreation Community Development Library Contingencies Transfer to Other Govt's 707,317 608,927 617,420 620,000 Total General Fund Expenditures $18,027,261 ........... Section 3. Public Improvement Fund Transfer to Englewood Housing Authority Transfer to General Fund for Traffic Tech Original PIF Budget $ 1,895,321 .........•. Section 4. Enterprise Funds Water Fund Sewer Fund Golf Course Fund $ 2,622,746 7,190,247 598,166 Sect i on 5. Internal Service Funds Internal Service Fund $ 1,133,561 Section 6. Bi-City Joint Venture Fund Bi-C i ty Fund $11,126,057 • • • Amendments $ 11,671 14, 018 55,313 106,183 149,877 146,175 158, 772 71, 541 21,873 (600,000) (570,000) $(434,577) ......... $ 100,000 24,769 ---------$ 124,769 ......... $ 35,080 (12,781) (12,799) $ 19,858 $ 67,331 Amended Budget $ 508, 138 331, 003 1,962,272 3,009,200 3,324,932 4,315,074 2,664,987 778,858 630,800 17,420 50,000 $17,592,684 ====szm:asaa $ 100,000 24, 769 ----------- $ 2,020,090 . ....•..... $ 2,657,826 7,177,466 585,367 $ 1, 153,419 $11,193,388 I • • • • • • -3- Section 7. That the said budget as amended and accepted shall be a public record in the office of the City Clerk and shall be open to public inspection. sufficient copies thereof shall be made available for the use of the City Council and the public, the number of copies to be determined by the City Manager Introduced, read in full, and passed on first reading on the ""-it~ day of ~, 1984. Published as a bill for an ordinance on the ~~~~~~' 1984. day of ATTEST: ex officio City Clerk-Treasurer Eugene L. Otis, Mayor 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 on the day of , 1984, and published as a bill for an ordinance in full on the day of , 1984. Gary R. Higbee • I • • • ORDINANCE NO. SERIES OF 1984 • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 60 INTRODUCED ~y COUNCIL MEMBER /:>Adkc{.gll4aM~ AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, IN THE FISCAL YEAR BEGINNING JANUARY 1, 1985 AND ENDING DECEMBER 31, 1985, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 1985. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That there be and there hereby is appropriated from the revenue deriving from taxation in the City of Englewood, Colorado, from collection of license fees and from all other sources of revenue during the year beginning January 1, 1985 and ending December 31, 1985, the amounts hereinafter set forth for the object and purpose specified and set opposite thereto, specifically as follows, to wit: Legislation and Counsel Municipal Court Administration Public Work a Fire Police Community Development Library Parks and Recreation Total Operating Transfer to Other Govt•s Total General Fund Public Improvement Fund Construction of Major Capital Projects $ 508,138 331,003 1,979,692 3,009,200 3,324,932 4,315,074 778,858 630,800 2,664,987 17,542,684 50,000 $17,592,684 $ 2,020,090 I • • • • • • -2- Debt Service Fund Total Debt Service Fund Water Enterprise Fund Total Water Enterprise Fund Sewer Enterprise Fund Total Sewer Enterprise Fund Golf Course Fund Tot al Golf Course Fund Conservation Trust Fund Tot a l Lottery Fund Revenue Sharing Ge n eral F und -Pub li c Safety GEN ERAL TOTAL $ 547,090 $ 2,657,826 $ 7,177,466 $ 585,36 7 $ 322,979 $ 625,968 $31 ,529,4 7 0 ========z:=s Section 2. The foreg o i ng appr o pri a ti ons sh all be co nsidered to b e appropriations to groups within a program or department within the fund indicated but shall not be construed to be appropriated to line items within any groups, even though such line items may be set forth as the adopted budget for the fiscal year 1985. Section 3. All monies in the hands of the Director of Finance, or to come into his hands for the fiscal year 1985 , may be applied on the outstanding claims now due or to become due in the said fiscal year of 1985. Section 4. All unappropriated monies that may come into the hands of the Director of Finance during the year 1985 may be so distributed among the respective funds herein as the City Council may deem best under such control as is provided by law • • I • • - • • • • • -3- Section 5. During or at the close of the fiscal year of 1984, any surplus money in any of the respective funds, after all claims for 1984 against the same have been paid, may be distributed to any other fund or funds at the discretion of the City Council. _____..L--tA, Introduced, read in full, and passed on first reading on the ---~~~~'--~day of~ 1984. Published as a bill for an ordinance on the ~~~~~~-· 1984. day of ATTEST: ex officio City Clerk-Treasurer Eugene L. Otis Hay or 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 f i rst reading on the day of , 1984, and published as a bill for an ordinance in full on the day of , 1984. Gary R. Higbee • I • • • • • • /I P BY AUTHORITY COUNCIL BILL NO. 56 ORDINANCE NO. SERIES OF 1984--~~~~UCED~ A BILL FOR AN ORDINANCE APPROVING AN ADDENDUM TO THE 1984-1985 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD FIRE FIGHTERS ASSOCIATION, EFFECTIVE JANUARY 1 , 1985 TBROUGH DECEMBER 31 , 1985. WHEREAS, an addendum dated October 17, 1984 by and between the City of Englewood and the Englewood Fire Fighters Aasociation has been executed by representatives of each of said parties; and WHEREAS, said addendum was duly ratified by a majority of the members of the Englewood Fire Fighter• Aasociation NOW, THEREFORE, BE IT OllDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the addendua to the 1984-1985 Contract between the City of Englewood and the Englewood Fire Fighters Aaaociation dated October 17, 1984, a copy of which is attached hereto and .. de part hereof, be and the aa11e hereby is approved. Section 2. That the addendua to the 1984-1985 Contract between the City of Englewood and the Englewood Fire Fighter• Aaaociation generally provide• for an increaae in preaent wage• of fire fighter personnel. Section 3. That the Mayor of the City of Englewood is hereby authorized and directed to execute the addendua between the City of Englewood and the Englewood Fire Fighter• Association dated October 17, 1984, and the Director of Finance, ex officio City Clerk-Treasurer, ahall attest the sa11e. • I • • r • • • • -2- Introduced, read in full, and passed on first reading on the 5th day of November, 1984. Published as a Bill for an Ordinance on the 7th day of November, 1984. Eugene L. Otis, Mayor ATTEST: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the ahove and foregoing is a true, accurate, and co11plete copy of a Bill for an Ordinance, introduced, read in full, and paased on first reading on the 5th day of Noveaber, 1984. Gary R.. Higbee • I • • • • • ADDENDUM TO THE 1984-1985 CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD FIRE FIGHTERS ASSOCIATION This Agreement entered into by the suthorized City representatives and the Englewood Fire Fighters Association shall be a lllltual request of the above-named parties that the City Council modify the current wage provisions as contained in the 1984-1985 Memorandum of Understanding, to reflect that effective in January 1, 1985, and consistent with the City pay periods, the following salary schedule will be established. Probationary Fire Fighter Fire Fighter lat Fire Fighter 2nd Fire Fighter 3rd Driver/Operator/Engineer Lieutenant $1,652 1,854 2,039 2,265 2,486 2,725 Annual Salary $19,824 22,248 24,468 27,180 29,832 32,700 The parties respectfully request this 110dification and by their respective representatives have placed their aignatures thereon, on this 17th day of October, 1984 at Enlglevood, Colorado . CITY OF ENGLEWOOD ENGLEWOOD FIRE FIGHTER ASSOCIATION • I • ( • ORDINANCE NO. SERIES OF 1984-- • • • BY AUTHORITY A BILL FOR 11 Cj COUNCIL BILL NO. 55 INTRODUCED BY COUNCIL MEMBER~ AN ORDINANCE APPROVING AN ADDENDUM TO THE 1984-1985 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD POLICE BENEFIT ASSOCIATION, EFFECTIVE JANUARY 1, 1985 THROUGH DECEMBER 31, 1985. WHEREAS, an addendum dated October 30, 1984 by and between the City of Englewood and the Englewood Police Benefit Association has been executed by representatives of each of said parties; and WHEREAS, said addendum was duly ratified by a majority of the meabers of the Englewood Police Benefit Association. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the addendum to the 1984-1985 Contract between the City of Englewood and the Englewood Police Benefit Association dated October 30, 1984, a copy of which is attached hereto and aade part hereof, be and the saae hereby is approved. Section 2. That the addendua to the 1984-1985 Contract between the City of Englewood and the Englewood Police Benefit Association generally provides for an increase in present wages of police officers, first, second, third and fourth class. Section 3. That the Mayor of the City of Englewood is hereby authorized and directed to execute the addendum between the City of Englewood and the Englewood Police Benefit Association dated October 30, 1984, and the Director of Finance, ex officio City Clerk-Treasurer, shall attest the saae. • I • • c • • • • -2- Introduced, read in fu , and passed on first reading on the 5th day of Noveaber, 1984. Published as a Bill for an Ordinance on the 7th day of November, 1984. Eugene L. Otis, Mayor ATTEST: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate, and co11plete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 5th day of Noveaber, 1984. Gary R. Higbee • I • • • ( • • • .. • ADDENDUM TO THE 1984-1985 CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD POLICE BENEFIT ASSOCIATION This agreement entered into by the authorized City representatives and the Englewood Police Benefit Association shall be a 11Utual request of the above-named parties that the City Council modify the current wage provisions as contained in the 1984-1985 Memorandwa of Understanding, to reflect that effective on January 1, 1985, and consistent with the City pay periods, the following salary schedule will be established. Police Officer 4th Class Police Officer 3rd Class Police Officer 2nd Class Police Officer lat Class $1, 777 1,956 2,150 2,476 Annual Salary $21,324 23,472 25,800 29. 712 The parties respectfully request this modification and by their respective representatives have placed their signatures thereon, on this 30th day of October, 1984, at Englewood, Colorado. City of Englewood Englewood Police Benefit Association • I • n ( • • • • // h_ BY AUTHORITY ORDINANCE NO. SERIES OF 1984-- COUNCIL BILL NO. 57 INTRODUCED BY COUNCIL MEMBER ~ A BILL FOR AN ORDINANCE APPROVING AN ADDENDUM TO THE 1984-1986 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD EMPLOYEES ASSOCIATION, EFFECTIVE JANUAllY 1, 1985 THROUGH DECEMBER 31 , 1985. WHEREAS, an addendum dated October 17, 1984 by and between the City of Englewood and the Englewood E11ployeea Association baa been executed by representatives of each of said parties; and WHEREAS, said addendum was duly ratified by a majority of the 11eabera of the Englewood E11ployeea Association. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLOllADO: Section 1. That the addendum to the 1984-1986 Contract between the City of Englewood and the Englewood E11ployeea Association dated October 17, 1984, a copy of which ia attached hereto and aade part hereof, be and the same hereby ia approved. Section 2. That the addendua to the 1984-1986 Contract between the City of Englewood and the Englewood E11ployeea Association generally provides for an increase in present wages. Section 3. That the Mayor of the City of Englewood ia hereby authorized and directed to execute the addendum between the City of Englewood and the Englewood E11ployeea Association dated October 17, 1984, and the Director of Finance, ex officio City Clerk-Treasurer, shall attest the same. • I • • - • ( • • • ,. • -2- Introduced, read in full, and passed on first reading on the 5th day of November, 1984. Published as a Bill for an Ordinance on the 7th day of November, 1984. Eugene L. Otis, Mayor ATTEST: ex officio City Clerk-Treasurer I, Gary R.. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate, and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 5th day of Noveaber, 1984. Gary R.. Higbee • I • • ' • • • • ADDENDUM TO '111.E 1984-1986 CONTRACT BETWEEN 'nlE CITY OF EMGLEWOOD AND 'nlE ENGLEWOOD EMPLOYEES ASSOCIATION This Agreement entered into by the authorized City representatives and the Englewood Employees Association shall be a aitual request of the above-named parties that the City Council modify the current wage pro- visions as contained in the 1984-1986 Memorandua of Understanding, to reflect that effective January 1, 1985, that each employee covered by the ter1111 of the 1984-1986 Memorandua of Understanding receive a 5.75% wage increase on her/his annual salary. The parties respectfully request this modification and by their respective representatives have placed their signatures thereon, on this 17th day of October, 1984, at Englewood, Colorado. CITY OF ENGLEWOOD ENGLEWOOD EMPLOYEES ASSOCIATION --&:= '?I'. tr ~ d..r?--L- //µL Md f;$J2 ~ b<J ~~ JJ L,e/0.,;;k k;A&: 9~-~, • I • • • • • - BY AUTHORITY ORDINANCE NO. SERIES OF 1984-- COUNCIL BILL NO. 59 INTRODUCED BY COUNCIL MEMBER V~ A BILL FOR AN ORDINANCE ESTABLISHING A SPECIAL FUND FOR THE CITY OF ENGLEWOOD TO BE KNOWN AS THE "SPECIAL CONSTRUCTION FUND'' FOR THE USE AND BENEFIT OF SPECIAL CONSTRUCTION PROJECTS ADDING A NEW SUBSECTION TO TITLE XIII, CHAPTER 5, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED. WHEREAS, Article 10, Part II, Section 102, of the Englewood Home Rule Charter authorizes the City Council to establish special funds by Ordinance. WHEREAS, the City Council has determined that it is necessary and appropriate to establish a special fund to be known as the "Special Construction Fund," for the objects and purposes herein specified. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1 • Chapter 5, Title XIII of the 1969 Englewood Municipal Code is hereby amended to add the following provision: 13-5-12: Special Construction Fund. There is hereby established a special fund of the City of Englewood to be known as the "S pecial Construction Fund." This fund shall be used to finance items relating to special construction projects. (a) There may be credited to said special fund revenues from the following sources; (i) Contributions from established City revenue sources. Such contributions may be made periodically. (b) Expenditures from the said special fund may be used for the following purpose: (i) To finance and/or offset costs that are necessary for special construction projects. Introduced, read in full and passed on first reading on the 5th day of November, 1984. Published as a Bill for an Ordinance on the 7th day of November, 1984. Eugene L. Otis, Mayor • I . - • • • • • • -2- ATTEST: ex officio City Cle rk-Treasurer 1 , Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby ce rt ify that the above and foreoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full , and passed on first reading on the 5th day of November, 1984. Gary R. Higbee • I .. • • • • • • • •' • M E M 0 R A N D U M TO: Andy McCown, City Manager FROM: Gary Higbee, Director of Finance~~ DATE: November 5 , 1984 SUBJECT: Monthly Sales and Use Tax Report -October , 1984 Attached are the Sales and Use Tax Reports for the General Fund and the Public Improvement Fund. October was a very good month for all categories of the sales and use tax budgets. The revised budget to collection comparison and for year to year comparisons are very positive. GH /mh Attachments: General Fund Tables PIF Tables c c: Pete Vargas, Assistant City Manager • I • • (~ ' • OCT. ll, 1984 CITY Of Ell&LEWOOI 1984 SALES Ml USE TAX IUl6ET TO Cll.LECTUll • • • ----------------------1981 iEIERAL FUO ----------------------------------------1 '84 &EIDM. Fl*I------------------- -:!8'818 .ot : low.!000.IO '678161.00 .07 ~30.00: 1326528.00 .16 TO TAl.S : 10l410GO.OO 97"112.00 -.06 -------------------------------------------------------------: ----------------------------------------------------: ----------------- TOTM. TOTAL SALES ----llll&ET----ACCUU.ATEI: TOTAL TITM. saus ----llUl6ET----ACCllllUTEl:---TEM TD YEii!-- llOITM SALESlllSE USE TAX --llFFE1£1CE--llFFE1£11CE : SALESlllSE USE TAX --llFFEREllCE--llFFEIEJCE : CllAll&E m llJM£T COl.LEC TEI MUT ' TAX IUliET Cll.LECTEI AllOllllT ' Allllll1 -------------------------------------------------------------: ----------------------------------------------------: ----------------- JAlllARY 14210'4.00 1421230.00 136 .00 o.oo U6.00: 1518700 .00 152nJ1.oo 111537 .00 .GI 18537.IO: 9'007.00 .D7 FEmnJAIY 6550l5.00 664309.00 9224 . DO .01 '360.00 : 7"470.00 676341. DO -33129.00 -.05 -14592.00: 12032.00 .D2 MICH 639079.00 581942.00 -50137 .00 -.OI -40m.oo : 64"'5.DO 692639.DO 43044,00 .07 21452,00: 103697.00 .18 Al'lll 970013.00 931727.00 -31286.00 -.04 -79063.00 : 1010435.IO 1151057.00 140622.ot .14 169074.80: 2193l0.00 .24 MY 707503.00 651978.00 -55525 .80 -.ot -1ma.oo: 7149'5.00 7'8444 .00 13449.00 .12 252523.00: 146466.00 .22 JUE 724362.00 63\1452.00 -14911 .00 -.12 -21\14'8.00 : 71670S.IO 740380.00 23675.00 .OJ 276191.00: 10l928.0I .16 JULY 1079616.00 18'1354.00 -21262.DO -.02 -241760.00 : 114n7'.IO 1211363.00 64093.00 .06 340291 .IO : 15J009.ot .14 AU&UST n06n.oo 702927.00 -mn.oo -.02 -251'532. 00: 7 .... IO 136416.00 87616.0I .12 427911.00 : umt.ot .19 SEnE•t 769506.00 654772.00 -11 4734.00 -.15 -373266 . 00: 753765 .00 775476. DO 21711.0I .ll ...... oo : 121714.00 .18 I OCTOIEI 10450l5.00 1030941.00 -1 4144 .IO -.01 -317410 .ot: lot71'5.00 mam .oo 1111142.ot .17 ·~·'°: Zl77ff.OI .Zl IOVUIER 741093.00 672774.00 ·7531Y .OO -.10 -462729.0I: 748345 .00 IA IA IA IA : o.oo IA IECUIER 153165.00 730706.00 -123159 .00 -.1 4 -"5111.00 : am25.oo IA llA IA IA : o.ot IA DIA Fl*IS 0.00 0.00 0.00 o.oo -58581S. Of: llA llA llA llA I o.oo llA f 1914 SALES TAX IUl&ET IS 2.5' UDYE THE 1913 IUKET • I • • • • • 11 CJTTOF ~ l '84 SALES IQ USE TAX DCT .311 1'84 IUMET TD Cll.LECTJlll 11 '84 llEYISE I IUKE TI ------· ---------------1"3 &BIOM. Fllll----------------------------------------1'84 &EIEUl FlllJ -------------------- TOT ALS : 10341DtD.OO 9755112 .DO -.06 -maea .oe: 11306Sl4. IO '678UO .OO .01 11121.00 : mm1.oo .16 -------------------------------------------------------------: -----------------------------------------------------i ----------------- TOTAL TOTAL SALES ----llMET ----ICtllll.ATEI : TOTAL TITAI. SAi.ES ----IUl&U -----ICC..UTU:---YEAI TO YEM -- llOITM SALES /USE USE TAX --HFFEIEICE ·· llFFER£11l : SAl.ESIUSE llSE TAX --IJmnKE---llFfOOCE : 0.-E TAX IUHET Cll.LECTEI _.T ' TU IUl&ET tlllUtT£1 -T ... , ' -------------------------------------------------------------: -----------------------------------------------------:----------------- JMIMIT 1428094 .00 1421230 .0I 13'.00 O.OI 13'.0I : mn37.ID 1527237.00 0.00 0.00 o.oe : '9007.00 .07 FElllUAIY 6""5.00 6643'9 .0I 9224.00 .01 93'0.00 : 676341.00 676341.00 0.00 o.oo o.oo : 12132 .00 .02 llAIC M 6390 7'.00 5tt"2.0I -50m .oo -.oa -om.oo : 6'2639.llO 6'2639.00 0.00 o.oo o.oe : 113'97.00 .II M'll lL 97"13.00 '31727.0D -38206 .00 -.04 -79063.00 : ~.ID 1151057.00 -J03118 .00 -.OI -105'08.0I: 21'330.00 .24 MT 70 7513 .00 151978.0I -"525.00 -.DI -1:ma.01 : 7'1443.IO 7'1444.00 1.0I O.OI -111:1117 .0I : 146466.IO .22 ,. 7243'2 .00 '3"52.0I -M91o.10 -.12 -21"'8.0I : 740378.IO 740311.00 2.00 O.OI -1~.oe: ll0921.IO ·" JUL Y 1079616 .00 1093'4 .00 -21262.IO -.02 -241760 .00 : 1137815.IO 12lll6l.IO 74348 .00 .07 -31457.0I : lmof.IO .14 Ml&US T 720699 .00 70292 7.00 -i n n.ID -.02 -2'1SJ2 . OI : U6416.IO 1J6416.IO O.OI O.OI -31457.0l i Jm59.IO .n SEPTElllEl 769516 .00 654 m.oo -mm.to -.15 -l7J26'.tt : 77547'.IO 775476 .IO J ,OI O.OI -3106.0I : 110104 .IO .II OCTOIEI 104'°".oo 103090 .00 -14144 .00 -.01 -387410.0l i 11 "'461 . IO uam.oo 1022 77 .0I ·°' 11121 .oe : 2377M .IO .23 .avEDER 74I093 .00 mm.oo -1:1m .oo -.10 -462729. OI : 121 •• IO .. II II 11 : t.IO II I IECEUU 153'6'.00 7307'6 .00 -123159.00 -.14 -""'8.001 178115.IO .. II II 11 : O.IO II llA fllllS 0.00 o.oo MO D.00 -51:1tt8. 00 : .. II II •: t .00 .. THE 1'84 IEVISE I SALES m 1111£1 IS'·" AIOVE TM( Dll li lllAI. 1'84 IUli(T Ml 15.n ~TIE 1"3 ACTUAi. 5#..ES TU taLECTl lllS . I • • • • - • • • • OCT.31 1 1984 C !TY OF Ell&LEllllOI USE TAX IUl&ET TO Ctl.LECTIDI • • - ---------------------1'1113 PUii.iC lftllVEllEll n.11-------------------------1984 rua1c llftlMJIEIT FOO ------------- TOTALS: 774000.00 166732.00 .12 92732.00 l :mooo.oo 994793.00 .'3 lMlGl.IOl 309423 .00 .45 -------------------------------------------------------------: ----------------------------------------------------: ----------------- TOT AL TOTAL SM.ES ----IUJiET ----ACCUU.ATU: TOTAL TOTll. S.US ----IUliET----ACCUlllUTD:---\'EAI TO YEJll-- llO•TH SM.ES/USE USE TAX --llFFEIEICE--llFFEREllCE l S.USIUSE USE TAI --llFFEl£11tE --llFFEIEICE : CIWl&E TAX IUllET Ctl.LECTEI _.T TU IUKET CDUECTEI .-T ' MlllllT -------------------------------------------------------------: ----------------------------------------------------: ----------------- llllUM\' 47100.00 63891.00 16791. 00 .36 16791.00l 4"'5.IO 57176.IO IOll.00 .16 0081.IO l -6715.00 -. II FEllUMY 513'2.00 4'013.00 -:im.oo -.06 U'92.00 l 4ll61 .IO 52497.IO •137.00 .21 17211.IOl 4414.00 .09 llAICH 5''90.00 63575.00 7075. IO . u 21577.00 : :14945.IO 111164.IO m1•.oo .65 5lll7.IOl 21219.00 .43 llPlllL 12129.00 4n'9.00 -:m5•.00 -.o -1 4"2.00l 60565.IO 61174.IO 7619.00 .u 60746.DOl zom.oo .44 llAT 61461.00 6J223.00 1755.00 .Ol -13227 .001 :146111.IO 12"02.IO 65822.M 1.20 1265'1.IOl 57279.00 ,,l Jiii: 71536.00 60111.00 -lOl25.00 -.15 -24052.00 1 "2J5.IO 17711 .IO 11545.M .17 13'11l.IOl 1716,.0I .28 JtA.Y 6709'.00 65416.00 -160l.OO -.02 -25'52.00 : 645a.IO 14lm.oo 76444.IO J.11 214557 .IO I 75623.0I 1.16 Ml5UST 66460.00 llOOl9.0I 11'4•.oo .20 -mn.oo: '2711.IO 121617.IO .m7.M 1.15 ll0514.10l 41678 .0I .61 SEPTa.I 16116.00 1176'9.00 ~.00 .3' 11780.00! 17111.IO '4494 .IO nt4.IO •• 217721.IO ! -23215.0I -.20 OCTOIEI 672lG.OO 75574.00 1344 .00 .12 27124.00 l 67815.10 16nft.• 96575.M 1.44 3'4303 .IOl 00016.0l l.16 llOV£UER 65342.00 63778.00 -1 564 .00 -.02 255'0.ot : 613".IO .. .. .. Ml O.OI M IECEDEI 50412.00 117514.00 67172 .00 1.33 nm.oo : 53161.IO .. IA IA M l O.OI M IN FUQS 0.00 0.00 e.oo o.oo 92732,00 : M .. M M l O.OI .. I 1"4 USE TAI IUKET IS 16 .33'1 IELlll TllE 1913 IUliET • I • • • • OCT. 31, 1914 cm Of Ellil.EYOOI USE TAX • • • IUl6ET TO CllilCTllll 11984 IEUISD IUl6£Tl ---------------------1 '83 Pllll!C lftOUEIDT FUU-------------------------1"4 PUii.iC IlftlVEIEIT Fllll------------- TOT ltl.S : 774000 .0 0 866732.00 .12 92732.00 : 10'*'.00 "4793.DO ·" 14123.IO l 309423.00 .45 -------------------------------------------------------------: ----------------------------------------------------: ----------------- TOTAL TOTAL SM.ES ----JUl&ET----ACCUlllUTEl l TOTAL TBTAL SALES ----llUHET ----ACC-.aTU:---TEM Tl YEM -- llOllTlt SAl.ESI USE USE TAX --llFFEIEICE --llFfEIEICE l SALES/USE USE TAX --HFfEIEICE--llFfEIEICE : CllMllE TAX IMIMET CCllECTEI ..., ' TAX IUliET tllUECTEI AIOlllT ' -T ' -------------------------------------------------------------: --------------------------------------------------..... : ----------------- JAllJMIY 47100.00 63891.00 16791.00 .36 167'1.00 l '7176.10 57176 .00 0.00 D.00 o.oo: -'715.00 -.ll FEIRIJMY 51302 .00 48013.00 -3 289 .00 -.06 mo2.oo : 52497.DO 52497 .DO 0.00 t.00 o.oo : 4484 .00 .09 llAICM 56500.00 63575.00 7075. 00 .13 20577.oo : \IOl64 .DO '9164.00 O.OI I.DO t.to: 27219.00 .43 llPllL 82929.00 4n'9.00 -35559.00 -.43 -14912.00: 68174 .DO 68174 .DO O.DO O.IO o.oo : 20905.DO ·" MY 61468.00 63223.00 1755 .00 .OJ -13227 .Oil lmo2.00 1mo2.oo 0.00 D.00 e.oo : 57279.DO .91 JUE 71536. DO 60711.00 -111125 .DO -.15 -24052.00 l 77711.10 77710 .IO 0.00 t .IO o.oo : 17069.00 .28 JULY 670l6.00 65416.00 -1609.DO -.02 -25652.00 : 141129.DO 14102'.IO 0.00 l.IO 1.00: 75623.00 1.16 MllUST 66460.0I I0009.00 mo.oo .20 -12103.00l IZIMl7.IO 1ZIMl7.IO 0.00 I.DO o.eo : 41678.00 .61 SEPTElllD 16816.0I 1176"-'° 3'113.DO .36 11780.00 l '4494.IO M494 .IO O.OI I.DO e.oo : -23205.00 -.20 OCTDIU 6nJD.OO 75574.00 1344.DO .12 27124.00 : 78767.IO 163590.DO 841Zl.OO I .II MIZJ.DO: llOl6.00 1.16 llDWEllER 65342.00 63778.00 -1564.DO -.02 25560.00 : 74391.00 .. .. .. M l o.oo llA IECElllER 50412.00 117514.00 mn.oo l.JJ 92732.00 l "'39.00 .. .. .. u : o.oo llA DIA FOOS 0.00 O.OI o.oo o.oo 9Z7:12 .00l .. .. llA 1111 : o.oo llA THE 1914 IEVISEI IUllET IS 44 .n AIDVE THE mmllAI. 1914 IUJllET ... 21.ll AIOVE THE llCTUAI. 1913 USE TAI CClLECTI•. • I • • (t c• • • • .. • M E M 0 R A N D U M TO: Andy Mccown, City Manager FROM: Gary Higbee, Director of Finance ~ DATE: October 22, 1984 SUBJECT: CAC Recommendation for Appointment of Associate Judges With this memo are the actions recommended by the Court Advisory Committee regarding the appointment of associate judges. The Committee has asked for the recommendations to be transmitted to City Council. If you have any questions, please let me know. attachment cc: Members of Court Advisory Committee Municipal Court City Attorney • I • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE October 18, 1984 INITIATED BY AGENDA ITEM SUBJECT Appointment of Associate Municipal Court Judges Harry Fleenor, Chairman of Court Advisory Committee Approve the ordinance providing the selection and appro ve the ACTION PROPOSED~~~~~~~~~~~~~~~~~~~~~~~~ the resolution providing for appointment BACKGROUND : The Court Advisory Committee has been studyinq the question of how to provide criteria for appointment and term of associate j udges to serve on Mun icipa l Co urt. C The City Charter cites , "City Council appoints associate judges to sit at such times and upon such cases as shall be determined by the presiding mun icipal judge ." Guidelines for recommendinq individuals to serve as as sociate judges have neve r been spelled out althouqh the practice has been that the presiding municipal court judqe would recommend an individual whose appointment by Council would continue until that individual resiqned. c RECOMME NDAT ION: After months of discussion and e xam ination of several proposed methods, the Committee arrived a a procedure which is outlined in the attached minutes of the September 24, 1984 meetinq. At that meetinq the Committee passed a motion recommendinq that Council adopt an ordinance which is attached implementing the followinq: A) Associa e Judq s be pointed by the City Council one at a time as so warranted ra her than assemblyinq two or three appointments toqether; B) The term of the Associate Judge appointments be a maximum of four years; C) The encumbent Associate Judqes ' term would be four years commen cinq January 1, 1985 expirinq January 1, 1989, with reappointment at the discretion of City Council. • I • - • ( ' • • • • At that same meeting the Caranittee reviewed the resume of Raymond Nathan Satter as a candidate for Associate Judge who was being recommended by Municipal Court Judge Parkinson. Subsequently, the committee voted to forward their reccxnmendation to City Council that Mr. Satter be appointed as Associate Judge. I have attached a resolution appointing Mr. Satter as well as his resume for your con- sideration. • I • ( • MEMBERS PRESENT: MEMBERS ABSENT: ALSO PRESENT: • • • COURT ADVISORY COMMITTEE September 24, 1984 Minutes Harry Fleenor Glenn Waddell Tim Flynn Jim Curnes Vic Klein Carolyne Boettger Gary Higbee 1. The meeting was called to order at 7:05 p.m •• 2. The Committee approved the minutes of August 13, 1984 with item 8 being amended; the memo concerning associate judges was submitted by Judge Parkinson singly. 3 . Judge Parkinson spoke to the Court Advisory Committee relating to associate judges . WADDELL MOVED AND FLYNN SECONDED THAT: A) ASSOCIATE JUDGES BE APPOINTED BY COUNCIL ONE AT A TIME AS SO WARRANTED RATHER THAN ASSEMBLYING TWO OR THREE APPOINTMENTS TOGETHER; B) THE TERM OF THE ASSOCIATE JUDGE APPOINTMENTS BE A MAXIMUM OF FOUR YEARS; C) THE ENCUMBENT ASSOCIATE JUDGES FOUR-YEAR TERM WOULD COMMENCE JANU ARY 1 , 19 85; TERMS TO EXPIRE JANUARY 1, 19 89 WITH REAPPOINTMENT AT THE DISCRETIO N OF CITY COU NCIL. The motion passed unanimously. WADDELL MOVED AND FLYNN SECONDED THAT CITY STAFF PREPARE AN ORDINA NCE AND FOR COUNCIL TO PASS THE ORDINANCE ADOPTING THE COURT ADVISORY COMMITTEE 'S AFOREMENTIONED MOTION BY ORDINANCE. The motion passed unanimously . CURNES MOVED AND FLYNN SECONDED TO RECOMMEND THAT COUNCIL APPOINT MR. RAYMOND NATHAN SATTER AS ASSOCIATE JUDGE. The motion passed with Fleenor voting nay. Judge Parkinson addressed the Committee relati ng to the splitting of municipal court judgships. CURNES MOVED AND WADDELL SECONDED TO RECOMMEND THAT THE SPLITTING OF THE JUDGSHIPS NOT BE SPLIT IN THE CITY OF ENGLEWOOD. The motion was defeated wi th a tie vote • I • • - c( • ( • Court Advisory Committee September 24, 1984 Page 2 • • - Charlie Grimm addressed the Committee briefing the Committee on an ordinance establishing useful public services as an alternative punishment for imposition by the Englewood Municipal Court by amending Title I, Chapter 1, Section 20 and Title I, Chapter 2, Section 1 of the Englewood Municipal Code '69 as amended. CORNES MOVED AND WADDELL SECONDED TO RECOMMEND THAT COUNCIL PASS SUBJECT ORDINANCE PROVIDING STAFF PROVIDE SUFFICIENT INFORMATION SHOWING THERE IS NO UNDUE CITY LIABILITY BEING CREATED THROUGH THE PASSAGE OF THE SUBJECT ORDINANCE. The motion passed unanimously. The Peter Ney claim was discussed and no action was taken. The meeting adjourned at 8:20 p.m. The next meeting was set for October 8, 1984, at 7:00 p.m • • I • • ( • Court Advisory Committee September 24, 1984 Page 2 • • • Charlie Grimm addressed the Committee briefing the Committee on an ordinance establishing useful public services as an alternative punishment for imposition by the Englewood Municipal Court by amending Title I, Chapter 1, Section 20 and Title I, Chapter 2, Section 1 of the Englewood Municipal Code '69 as amended. CURNES MOVED AND WADDELL SECONDED TO RECOMMEND THAT COUNCIL PASS SUBJECT ORDINANCE PROVIDING STAFF PROVIDE SUFFICIENT INFORMATION SHOWING THERE IS NO UNDUE CITY LIABILITY BEING CREATED THROUGH THE PASSAGE OF THE SUBJECT ORDINANCE. The motion passed unanimously. The Peter Ney claim was discussed and no action was taken. The meeting adjourned at 8:20 p.m. The next meeting was set for October 8, 1984, at 7:00 p.m. • I • • ( ( • • • • BY AUTHORITY ORDINANCE NO. SERIES OF 1984 COUNCIL BILL NO. =fP_,_/~ INTRODUCE!:!Y COUNCIL MEMBER cu..adaJuM/ A BILL FOR AN ORDINANCE AMENDING TITLE I, CHAPTER 9, SECTION 2, OF THE ENGLEWOOD MUNICIPAL CODE 1969, AS AMENDED, PROVIDING A PROCESS BY WHICH ASSOCIATE JU DGES ARE APPOINTED; AND PROVIDING FOR TERMS THEREOF. WHEREAS, Council has received a recommendation of the Englewood Court Advisory Committee; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That Title I, Chapter 9, Section 2, of the Englewood Municipa l Code of 1969, as amended, is hereby amended to read as follows: 1-6-2: SUBSTITUTE MUNICI ?.AL JUDGE As necessary, the City Counc il shall appoint -il-54illMH;i-~.-AN ASSOCIATE Judge to SUBSTITUTE FOR AND serve when the regular Judge of the Mun icipal Court is sick, inca pac itated, unavailable, disqualified or otherwise una b le to perform the dut ie s of his office. Said substitute Judge shall have all the powers of the permanen t Judge . THE PROCESS BY WHICH AN ASSOCIATE JUDGE IS SELECTED AND THE TERM OF THE ASSOCIATE JUDGE SHALL BE AS FOLLOWS: A) ASSOCIATE JUDGES SHALL BE APPOINTED BY CITY COUNCIL ONE AT A TIME AS SO WARRANTED. B) THE TERM OF THE ASSOCIATE JUDGE APPOINTMENTS BE A MAXIMUM OF FOUR YEARS. THE ENCUMBENT ASSOCIATE JUDGES' TERM WOULD BE FOUR YEARS COMMENCING JANUARY 1 , 1985 EXPIRING JANUARY 1, 19 89 WITH REAPPOINTMENT AT THE DISCRETION OF CITY COUNCIL. Introduced , read in full, and passed on first reading on the day of ~, 19 84. :r:~blished as a Bill for an Ordinance on the ~<....:µ.JUG.L!.:~:::0...· 1984. Mayor • day of I • • • • • . . • -2- ATTEST: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and comple~e copy of the bill for an ordinance passed on first reading on the c:§'t.1-\ day of~ , 1984; and published in full on the 1~ day of ~~ Gary R. Higbee I • • - • • RESOLUTION NO. SERIES OF 1984 11 • • • A RESOLUTION APPOINTING RAYMOND NATHAN SATTER ASSOCIATE MUNICIPAL JUDGE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, pursuant to Part II, Section 68, of the Englewood Home Rule Charter, City Council may appoint one or more Assoc i ate Judges who shall sit at such times and upon such causes as shall be determined by the presiding Municipal Judge; and WHEREAS, previously hereto, other Associate Municipal Judges have become unavailable as a result of the press of legal business, the City Council finds that it is necessary to appoint an Associate Judge of the Municipal Court. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the Raymond Nathan __ Satter shall be and hereby is appointed as Associate Municipal Judge in and for the City of Englewood, Colorado , for a term expiring January 1, 1989, unless he should resign or otherwise be unable to serve in the interim . ADOPTED AND APPROVED the c;f;---c.A day of d~ , 1984. Mayor ATTEST: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above is a true, accurate, and complete copy of Resolution No. '4 I , Series of 1984. Gary R. Higbee • I • Name: Address : Telephone: Personal: EDOCATION Legal: Undergrad: EMPLOYMENT Legal: • • • - RESUllE Raymond Nathan Satter 3001 South Grant Street, Englewood, Colorado 80110 Day: (303) 893-2148 Evenings: (303) 789-2426 Born October 19, 1948, Denver, Colorado Married, no children The Columbus School of Law The Catholic University of America Washington, D.C. 20064 J.D. 1973 Activities and honors-- Director, Draft Information Group 1970-1972; Counselor, 1972-1973 Student Bar Association Representative 1972-1973 Teaching Assistant in Legal Writing 1972-1973 Member, Academic Standards Committee 1972-1973 Delegate to Utility Law Seminar, September, 1972 Member of Who's Who Among Students in American Colleges and Universities, 1973 University of Denver University Park Denver, Colorado 80210 B.A. 1970 Majors -English and History July 24, 1978 to present-- Sole Practitioner 1125 University Building 910 Sixteenth Street Mall Denver, Colorado 80202 January 1, 1976 to August 31, 1977-- Tallmadge, Tallmadge, Wallace & Hahn Attorneys and Counselors 515 Western Federal Savings Building Denver, Colorado 80202 Position--Partner December 15, 1974 to December 31, 1975-- Sole Practitioner 515 Western Federal Savings Building 718 Seventeenth Street Denver, Colorado 80202 • I • • Other: Areas of Practice: • • • October, 1973 to December 14, 1974-- Wallace, Armatas & Hahn Attorneys and Counselors 515 Western Federal Savings Building Denver, Colorado 80202 Position--Associate Attorney September 1, 1977 to July 23, 1978-- Satter Distributing Co., Inc. 4100 Dahlia Street Denver, Colorado 80207 Position -Vice President and General Counsel of audiophonic and photographic distributing business. Extensive experience in civil litigation, including civil rights, arbitrations, F.E.L.A., federal practice, appellate practice, attorneys, attorneys' fees collections, domestic matters, personal injury, workmen's compensation, municipal law, traffic, collections, commercial and real estate litigation, including mechanic's liens; limited tax and criminal litigation . PROFBSSIOlllAL ASSOCIATIONS: Bar: Associations: ACTIVITIES Colorado Supreme Court--Admitted to practice October 2, 1973 United States Supreme Court--Admitted to practice November 8, 1976 United States Court of Appeals, Tenth Circuit-- Admitted to practice October 10, 1973 United States District Court for the District of Colorado--Admitted to practice October 2, 1973 United States Tax Court-- Admitted to Practice April 1, 1981 Member, Colorado Bar Association Member, Denver Bar Association Member, Arapahoe County Bar Association Member, Colorado Trial Lawyers Association Member, Colorado Bar Association American Citizenship Committee Member, Panel of Arbitrators, American Arbitration Association Men's Organization of the Denver Symphony, Inc.-- Past President and Secretary, current member • I • • ( • RBPBRBNCES • • • De nver Symphony Association-- Member, Board of Trustees, 1976 to present Member, Executive Committee, 1977 to present Member, Trustees/Union/Musicians Committee Chairman, Legal Committee, 1981 to present DSO Encore!-- Secretary and Director, 1983 to present Young Artists Orchestra of Denver-- Member, Board of Trustees, 1982 to present Vice-President, 1984 to present Hon. Sherman G. Finesilver, United States District Judge, United States Court House 1929 Stout Street, Denver, Colorado 80294 ( 303) 837-4151 Hon. Daniel B. Sparr, Denver District Judge, 259 City and County Building, Denver, Colorado 80202, (303) 575-2093 Hon. Gaspar F. Perricone, Jefferson County District Judge, Hall of Justice, 1701 Arapahoe, Golden, Colorado 80419, (303) 279-0500 Maurice Reuler, Esq., 2450 Western Federal Savings Building, 718 Seventeenth Street, Denver, Colorado 80202, (303) 629-6968 David J. Hahn, Esq., 2400 Energy Center One, 717 Seventeenth Street, Denver, Colorado 80202, ( 303 ) 825-0221 Johns. Castellano, Esq., 555 Seventeenth Street, Denver, Colorado 80202, ( 303) 575-8000 J am e s T. Bayer, Esq., 1 660 Down i ng Street, Denver Col orado 80218, (303) 830-8911 Add i tional refere n ces will be p r o v i ded upon request. • I .