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Home My WebLink About1983-02-07 (Regular) Meeting AgendaCity Council lg e~ting -Regular Febru ar y 7, 198 3 • • - 0 • • • CITY COUNCIL MEETI NG February 7 , 1983 RESOLUTION # ;5', K, Y, , 7 , ORDINANCE # /, .-4"; /5 , Y, 7 , • 0 I . . In (_ ( • • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL FEBRUARY 7, 1983 J 7 :30 P.M. Call to ~rder, invocation by Rev~rend Will i am Mantei, Centennial Lutheran Church, 3595 West Belleview Avenue , pledge of allegiance by Boy Scout Tro~~ #92, ~nd roll call. 1 ,o.,; ""-J- 1. Minutes. 3. 4. 5. (a) Minutes of the special meeting of January 10, 1983. (Copies enclosed.) (b) Minutes of the regular meeting of January 17, CJ 1983. (Copies enclosed.) Pre-Scheduled Visitors. (Please limit your pre- sentation to 10 minutes.) (a) Representatives of the Planning and Zoning Commission and the Cinderella City Merchants Association wi ll be present concern ing their gift of the display case for the Englewood Quilt. Other Visitors. (Please limit your pres~ntation to 5 minutes.)''-'t )'I ))4,-U •t-t./Hf-., /S.j .(,Jta...t.u~ ._ -d. n / n u..L ,i. ~ '\.J. -# L ti,.,/. Ju nvu. ( Public Hearing. ' ~· )1..< J- I Communications -No Action Recommended. (a) Minutes of the Housing Authority meeting of October 20, 1982. (Copies enclosed.) (b) Minutes of the Parks and Recreation Commission m ting of November 18, 1982. (Copies enclosed.) • I • • /'\J ~ I • • • - Page 2 February 7, 1983 Agenda I \ 5. Communications -No Action Recommended (Con tinued ). (c) Minutes of the Urban Renewal Authority meetings of December 1, and 22, 1982. (Copies enclosed,) (d) (e) (f) (g) (h) (i) (j) (k) Minutes of the Board of Adjustment and Appeals meeting of December 8. 1 982. (Copies enclosed.) Minutes of the Liquor License Authority meeting of December 15, 1982. (Copies enclosed.) Minutes of the Board of Career Service Commission- ers meeting of December 16, 1982. (Copies enclosed.) Minutes of the Planning and Zoning Commission meeting of January 4, 1983. (Copies enclosed.) Minutes of the Downtown Management Committee meetings of January 6, and 13, 1983. (Copies enclosed.) Minutes of the Public Library Board meeting of January 11, 1983. (Copies enclosed.) Minutes of the Downtown Development Authority meeting of January 12, 1983. (Copies enclosed,) Letter from Bob Powell, Chairman, URA, concern- ing his resignation, (Copies enclosed,) (1) Municipal Court Activity Report, (Copies enclosed .) 6. Communications -Action Recommended, (a) Recommendation from the Parks and Recreation Commission meeting concerning the City Forester Ordinance. (Copies enclosed.) Recommendation from the P rks and Recreation Commission meeting concerning inclusion of two recreation youth council members as voting ii' members of the Parks and Recreation Commi sion. (Copies enclosed.) Recommendation from th Parks and Recre tion Commission concerning th purchase of a silver maple tr e for the Golf Course, (Copies enclosed.) • I • • ( • • • - Page 3 February 7, 1983 Agenda 6. Communications -Action Recomm e nded (C ontinued). (d ) Council Communication from the Urban Renewal Authority concerning transfer of funds for the 1982 Budget. (Copies enclosed.) (e) Council Communication from the Urban Renewal Authority concerning transfer of funds relating to property acquisition and house relocat ion . (Copies enclosed.) 7. City Attorney. Ordinances on Final Reading. (a) (d) Ordinance repealing and reenacting Chapters 1, 2, 4 and 9 of Title III, of the 1969 Englewood Municipal Code, relating to Building Regulations, and adopting by reference the Uniform Building Code, 1982 Edition, and the Uniform Mechanical Code, 1982 Edition , and Uniform Plumb ing Code, 1982 Edition, and repealing all Ordinance or parts of Ordinances in conflict therewith. (Copies enclosed.) Ordinance amending Sections 1, 3, 8 and 10, Title II, Chapter 3, Section 1, of th 1 69 Englewood Municipal Code, adopting b r fer nc the Uniform Fire Code, 1982 Edi ion. (Copies enclosed.) Ordinance app rov ing an agreement with Urban Drainage and Flood Control District, the City of Littleton, and th United States Geological Survey providing for a South Platte Riv r Ga in Station. (Gopie enclos d.) Ordinanc pproving n gre m nt with th Depart- m nt of Army (Corps of En ineers) to improv th South Platt River b tw n Oxford nd U.S. 285 adjoining Engl wood Municip 1 Golf Course. (Copi s enclosed.) Bills or Ordinances. ( ) Bi 11 of th by am (Copi m ndin Section 24, Chapt r 11, Titl XI, Englewood Muni cipal Cod of 1969, a m nd d, nding () r ducin adoption fe o $20. nclos d.) ti..b<• ,.. • I • • n • • • - Page 4 February 7, 1983 Agenda 7. City Attorney (Continued). (f) Bill approving an agreement titled "Tripar t y Agreement" between the City of Englewood, Colorado, the Englewood Urban Renewal Authority, and (g) CA~,lb-!3 J_) -tu \ L (h) /\ .?. ll •1 (.Yf .Y LL f-1·,) p 01.tt (i) the Englewood Downtown Development Authority assigning responsibilities for matters rel ated to the Downtown Plan. (Copies enclosed.) Bill approving an agreement between the City of Englewood and the Englewood Urban Ren ewal Authority providing for operating staff, equipment and related support. (Copies enclosed.) Bill repealing and reenacting Title X, Chapter 3, Section 4, of the 1969 Englewood Municipal Code, as amended, relating to authority of City Forester. (Copies enclosed.) Bill amending the 1969 Englewood Mun icipal Cod e, Title V, Chapter 3 relating to the non-em ergency retirement plan. (Copie s enclosed.) <!.{))10 l ~ · 1."l tp /J Resolution. {j) Resol ution declaring the int ntion of the City Council of Englewood, Colorado, to create a ~ Special Improvement District No. 29, adopting ~ details and spec ifications for the propos d :&-dist ri ct, and o rdering publication and mailing of the notice of hearin g to the own ers of the prop rty to be assessed for improvements in the District. (Co pi es enclos d.) Proclamation . Mk) cone rning th Socc r (Copi s v ilabl Mondy.) Council Co mun1c t1on from th cone rn1ng th ap ci 1 m tin (Copl s ncloe d .) (c) M na r'a Choic • • City Mn p, r o March 14, 1983, I • • - • Page 5 February 7, 1983 9. o rr-,1 d.. (i) • • • Council Communication concerning appoint- ments to advisory boards. (Copies enclosed.) ,o.ML .. "'· C COWN y nager t /2 t,(/l )\._, AM/ab I . . I n • - • • 1 • ~Aa tll.±c ~1 --J -=-~ /f)j 'X (fi,OLL CALL cJ-}-cf j~ 1:10-,!Yh . Moved Seconded Ayes Nay Absent Abstain H1gday Neal Fi tzoatrick Weist Bi lo Bradshaw Otis ~a ~ ~l u fhllJ&-0-o ~ 7 6-1, -j)? {) (i_,.__ t :x} j(Jrn,£? ,w )1 \L-L,.,v ,_.,, I . . • • • - • • . ' ROLL CALL Moved Seconded Ayes Na y Absent Abstain H1gelay c...-- Neal v Fitzoatr ic k v- Wei st ,._.. Bi lo c.--- Bradshaw v- Oti s v • • • I • • • • - • • CALL y es Nay Absent Abstain I I 1 I • • • • • - • • ROLL CALL Moved Seconded Ayes Na y Absent Abstain -H1qday '\ Neal \ Fltzoatrick I Weist I V Bi lo I V Bradshaw I Otis \ "" /a-. I • • l • • • - • - ROLL CALL Moved Seconded Ayes Na y Absent Abstain H1 g da y Neal V Fi tzoatrick Wei st Bi lo V Bradshaw Oti s /b . /l l J'J}J_-) I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain \ H1 qday I Ne al I Fi tzoat rick I We i st I Bi lo I Bradshaw \ Ot is " ' I • • • • - • • ROLL CALL Moved Se con ded Ayes Nay Absent Ab s ta in Hiadav 1 Neal Fi tznatrick Wei s t Ri lo Bradshaw ... Oti s Jl,7 j '7 ::/"-()_ ~ ' ) ,(I c#f' j 1 C 7,,n [t zl.ll./<../ C ,,..l4 / f' t c O cJ""--:; u ' ( (.., fd ,uy,uv( au1ry ,,,,.,~ J- r. ',,W { i,ll C <f. ;t LJ -.,, ' "'-')'. 1 ,L) ) ) /J, I :r U C ,J A, u,1,L,t "-i. <A :/E I )n)I{ , " , iJ 1, l1u I & • • I . • • • - ROLL CALL Moved Seconded H1adav Neal Fitznatrick Weist Bi lo Bradshaw Oti s _;( lu.4 C)LI I • • • Ayes Nay Abs t en µ t./L. ow - • Ab · stain I . • - • • • • ROLL CALL Moved Seconded Aye s N ay b A sent Abstain -H10<1av \ -Neal I Fl tzoatrick I Weist I ...... Bi lo I Bradshaw r Otis \ ' ~ cO 1 / / .. __.,'-~ re/ ,; ~ /__oJ-V0 "-J-- ~ r ~~/V~ /J P 7 c_ 0 ;& µ/n ,l -r 7YL--- ~o ~ /; 0 J ~-v'/ )-- I . • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hiadav "\ ..,,.... Neal I ,.,..-Fitzoatrick I Weist 7 Bi lo I Brad shaw I Oti s \ '\ • I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1c,day Neal ,./ Fi tzoatrick Wei st Bi lo v Bradshaw Otis 6 C, • • I • • • • Moved 6 b • • • • • ROLL CALL Seconded Ayes Nay Absent Abstain H1qday Neal Fitzoatrick Wei st Bi lo Bradshaw Otis ~o~-~~d~ ic1~, <11 (;ru~-cA. ~ U'Y\r~ -r<J ?"'1 /)'>l,J. Ul.~1 .,,L. ,, ti '), { .,L-":) ,'Y) l.d ~ -e-<1AAA.Awd 0U 4 -& ., • I . . • • • ROLL CALL Moved Seconded Ayes Nay Absent H1qdav Nea1 Fi tzoatrick Weist V Bi lo Bradshaw Otis lf ~Jt~ud--yl{_fU.1.L L a_ l<-0 ye~ ~ 0 • • /1 Ab t . s a,n I . • • • • ROLL CALL Moved Seconded A yes ---Nay Absent Abstain H1goay ' Neal I --Fitzoatrick I Wei st I Bi lo I Bradshaw I Otis \ "'- r J-'v~ r--_.,A./1,4-L -~v-G (/ P~ ;<_ I . • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain - H1odav l Neal Fl tzoatrick j Weist I V Bi lo I v-Bradshaw l Otis \ I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain .... V H1qdav ' Neal I Fi tzoatrick I Weist I , Bi lo I Bradshaw l Otis '- I • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain " H10<1av l ~ Neal I FltzDatrick I Weist 7 V Bi lo ( Bradshaw l Otis \ ' • I • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Ab s tain H1gclay \ Neal 1 .~ Fitzoatrick I Weist I Bi lo I V Bradshaw I Otis \ 1 t). ___ 3 I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain HIQOav Neal ~ Fitzoatrick Wei st Bi lo ............. Bradshaw Otis I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain ,...__ H1adav v-Neal Fi tznatrick Weist L Bi lo Bradshaw Otis /&-I r /) -11 .. ,LiA-u-. ~ vu ~ .7 ,<. .-<-. r y;u...h._ /1-A 'H - ~ J::, (A_ Q,. ~d<J ~ CA ,'----0 ~~ ~ -d,,w =~ ~ • J~U.- I . • • • • - • • ROLL CALL ? Moved Seconded Ayes Nay Absent Abstain H1qday Neal Fitzoatrick - Weist Bi lo -Bradshaw -Otis - • I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain -H1gday ' Neal 1 Fi tzoat rick I Wei st I Bi lo I Bradshaw [ Otis '-- • • I • • • - • • ROLL CALL Moved Seconded Ayes Na y Absent Abstain H1 qda y ' /,;"" Neal I Fi tzoatrick I Weist I -Bi lo I Bradshaw l Oti s \ ' I • • • • • - • • ROLL CALL Moved Seconded Ayes Na y Absent Abstain - H1qday ' '-' Neal I ~ Fl tzoatrick I Wei st I Bi lo f Bradshaw f Oti s • I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hiodav Neal v Fl tznatrick Weist ,~ Bi lo Bradshaw Otis • I . • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1gelay r Neal I Fitzoatrick \ Wei st -~ Bi lo - Bradshaw - Otis - • I • • • • • - • • ROLL CALL l'loved Seconded Ayes Nay Absent Abstain ,.-... H1qday 1 V Neal I I./"' Fitzoatrick I Wei st I Bi lo T Bradshaw \ Otis " 1 f;' • I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain HI qday '\. Neal \ Fi tzoatrick 1 Weist I ----Bi lo I v Bradshaw I Otis I \__ • I • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain HI qcJav Neal Fi tZPatrick Wei st 1..,,/ Bi lo .__.. Bradshaw Otis ) • I . • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain ·-..... Hiqday \ Neal I Fitzoat rick 7 Weist I Bi lo I Bradshaw I Otis \. '\. • I • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Ab s tain • I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1gday ----Neal Fl tzoatrick Weist Rj lo -Bradshaw Otis • • I • • • • • • ROLL CALL Moved Seconded Ay~s Nay Absent Abstain H1qday I Neal I ,.,,,, Fi tzoatrick 7 Weist I Bi lo 7 ~ Bradshaw { Otis \ ' c:3 -/D- I • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain -H1gday ' Neal Fltzoatrick J Weist / Bi lo I Bradshaw I Otis \ "'------ • I • • • • - • • ROLL CALL Moved Seconded Ayes ' Nay Absent Abstain H1gday l Neal 1 Fltzoatrick I Weist I ~ Bi lo I ........--Bradshaw j Otis 1 "' 1L . I • • • • ~- • • • • ROL\. CALL Moved Second e d Ayes Nay Abse n t H ioaav Neal Fitznatrick Wei s t Bi lo Bradshaw Oti s 1 J-MWY V,,UJ?Jf w I~/~ c{J -l<f ~ Ab s tain :5-n ~ ti~ fa/)N-~ d' ( ~ t. ",t!£CU~/) (; /~ ;t Lv ~--irvd ~) ~~L/ Ul-OJ,,._.._..~ -.-L-r ~ c_ !" r /YI v--v--u <-( /2 '-lJ:.., "11,l ..:,-_,,IA. L .,.. I \.L t • < l t L { ~ ,< 6~/ 1~ )~ d £ -~, 0 u { ,) J (I l ._, -~ --l, '-r- I (J d I '::J l .___,/ t-v) -Li I 7 y;- L.. ., tu1.a. ~ /( I ,-. • I • • -• • • ROLL CALL Mo ved Seconded Ayes Nay Ab sent Abstain Hiadav Neal Fitzaatrick Wei s t Bi lo Bradshaw Otis ~ ~ ;t;-~ 0-,,_,___ f .u.L,11.,'" u :tik, ~-~ ~~ ~-l -u__;" CA',l '2-<..ALuv ~ !Ji< r ,) . u,~ 1,<-UJ./ (, 1 'J y L/>O 0..... ,( 4A..A ")'l.,o -~/ ?IU-"--~ u:t-~ -{; -</--I ;L.J I hiu... 6-/ ~ /)'Vil~ ~~ ~.,, /L-lro:c:. • • I • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hiqdav Neal Fitzoatrick Weist Bi lo Bradshaw Otis • I • • • - • Moved Seconded ........- (....- ~ cY ,-af 1 2'h ROLL CALL H1oda v Neal Fitzoatrick Wei s t Bi lo Bradshaw Oti s • • - Ayes Nay Absent Ab s tain - I I / I l '-....__; I • • • • -• • ROLL CALL Moved Seconded Ayes Nay Absent Abstain ' <--H1oaav \ Nea l I &/" Fitznatr ick I Wei st I Bi lo I Bradshaw Oti s u 3 I </-1 ·.~ • I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1nday Neal Fitzoatrick Wei st Ri Jo Bradshaw Otis • I . • • • - Moved ,__, • • Seconded '! Hl gday Neal ROLL CALL Fi tzDatrick Wei s t Bi lo Bradshaw Otis .r • • • Ayes Nay Absent Ab s tain I • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1qdav Neal Fltzoatrick Weist Bi lo Bradshaw Otis a~Ju o· q .i ;D • • I • • • • • • ........,-_ ------------------------ COUNCIL CHAMBERS CITY OF ENGLEWOOD , COLOR ADO January 10 , 1983 I a- SPECIAL MEETING: The Ci y Council of the City of Engle wood , Arapahoe Coun- ty , Colorado, met in special session at 7:30 p .m. on Janua r y 10 , 198 3 . Ma yor O is , presiding , called the meeting to order . The invoca io n was given by Council Member Fitzpatrick. Mayor Otis led he pledge of allegiance . Mayor Otis asked for a roll call . Upon the call of t~e ro ll , the following were present: Council Members Higday , Neal , Fitzpatrick , Weist , Bilo , Bradshaw , Otis. Absent: None. The Mayor declared a quorum presert • • • • • • • Also present wer e : City Manager Mccown City At orney DeWitt • Ass ista nt Cit y Manager Vargas Assis an Director of Community Dev lopment Romans Fir e Ch ief Broman F i r e Ma r shall Groditski Chief Building Inspector P i t man Depu y Ci y Clerk Johannisson • • • • • • • COUNCIL MEMB ER FITZPATRICK MOVED TO OPEN A PUBLIC HEAR NG TO CON! IDER REVISIONS IN THE UNIFORM BUILDING CODE AND THE UNI FOR M FIRE CcDE . Cou ncil Memb r Br dshaw seconded he mo ion. Upon , call ot the roll, h vo resul ed s ollo ws: Ay s: Nays: Council M mb rs Higday , N al, Fi zpatrick, W ist, Bilo , Br dshaw , O is . Non • I • • • • • - P R O C L A M A T I O N WHEREA S , for many year s the Garden and Hnme Shn w has be e n held annually in Denver; and WHEREAS, this Show is of great interest t o the r esidents rl Englewood as well as the ent ire metropolitan a r ea ; a nd WHEREAS, the Garden and Home Show is being held t his year at Currigan Exhibit Hall in downtown Denver from February 4 t h ru February 13; and WHEREAS, the sponsors of the Garden and H me Show acknowledge that the show is successful becaus e of the supprrt and attendance of members nf neighboring communities; and WHEREAS, these sponsors seek to recognize the City of Englewood and welcome the residents of o ur community at th e Shrw rn Monday, february 7, 1983; NOW, THEREFORE, I , EUGENE L . OTIS , May o r of the City r[ ~nglewood , Colorado, hereby proclaim Monday, February 7, 1Y83, as Englewood Day at the Garden and Hnme Show and enco urag e rur residents to attend and enjoy the Show . GIVEN under my hand and seal February 7, 1983. I . • Ja nuary 10, 1 98 3 Page 2 • • • Th e May o r declared the motion car ried. Dorothy Rom ans , Ass i stant Director of Communit y Develop- ment, introduced the topic and gave an overview of the nee d to up - grade the Codes to currents andards . Gary Pittm~n, Chief Building Inspector, outlined th e pro- pos ed amendments to the Uniform Building Code. The amendments would affect the Plumbing Code , the Mechanical Co de, and the Bui ld -ing Code . James Broman , the Fire Chief , introduced the Uniform Fir e Code an , emphasized the need to amend several pc r tio ns of the Code. Walter Groditski , the City Fire Marshall , outlined i n de- tail tht amendments requested for the Uniform Fire Code. The areas affecte c are the appeals procedure, special permits, wat er su pp ly , and spr nkler requirements. Groditski also stated the four appe n- dices a1e being requested to be adopted . Randy Pickrell, 4357 S. Galapago , spoke in favor of adop- tion of the Uniform Building Code and Uniform Fire Code. Council directed several questions to the City staff. Council decided to consider the proposed ordinances at its next meeting. Mayor Otis adjourned the meeting at 8:55 p.m. Deputy • I • • • REGULAR MEETING: • • - --------~ COUNCIL CHAMBERS City of Englewood, Colorado January 17, 1983 lh The City Council of the City of Englewood, Arapahoe Coun- ty, Colorado, met in regular session at 7:30 p.m. on January 17, 1983. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Fitzpatrick. The pledge of allegiance was led by Boy Scout Troops 1115 and #154. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Wei st , Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. * * * * * * * Also present were: City Manager Mccown City Attorney DeWitt Assistant City Manager Vargas Fire Chief Broman Assistant Director of Community Development D. Romans Deputy City Clerk Watkins * * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JANUARY 3, 1983, WITH THE CORRECTION ON PAGE 4 THAT COUNCIL BILL NO. 2 WA S SPONSORED BY FITZPATRICK, NOT BRAD- SHAW. Council Member Fitzpatrick seconded the mot ion. Upon a call of th e roll, the vote resulted as follows: Ayes: Nay s : Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. • I • • January 17, 1983 Page 2 • • • The Mayor declared the motion carried. * * * * * * * Pre-scheduled visitors representing the Fuller Brush Com- pany were not present . * * * * * * * Mayor Otis asked if there were any other visitors wishing to speak to Council. Norita Hathaway , 3143 South Ch erokee , came forward . Ms. Hathaway asked if the direct sales ordinance applied to Avon sales representatives. City Attorney DeWitt stated the City does not enforce the ordinance against Avon sales representatives unless they are going door-to-door soliciting sales. * * * * * * * Bill Belt , 4871 South Lipan, came forward. Mr . Belt stated he currently is the 2nd Vice Preside n t of the Engle wood Soceer Association . Mr. Belt presented a proposal on behalf of the Association whereby the association would offer to pay a rental fee of $1 .50 per hour for the use of fields on game dates and to pro- vide volunteer maintenance to ensure the upkeep of public lands. In exchange the Englewood Soceer Association requests that the City of Englewood and the School Board provide practice areas through the issuance of priority use permits and four game fields of specified minimum size. Steve Rush, 1029 Council. Mr. Rush stated flood plain development. Commission has initiated tenance of fields. West Stanford Place, appeared before fields are restricted because of the Mr. Rush stated the Parks and Recreation a charge in order to pay for the main- Mr. Belt stated the Association was also going to approach the School Board with the proposal, then ask that representatives from the Council, the School Board, and the Association sit down and r es olve th ma ter. Council asked that Messr s . Belt and Rush contact them again after meting with the School Board. * * * * * * * • I • • ( J anu ary 1 7, 1983 Pa g e 3 • • - La rry Dick inson, 3171 South Cherokee, came forward . Mr . Dickinson e x pressed h is opin io n regarding t he preceeding conv e r- satio n. Mr. Dic k in son s tated all organization s should be ab le to use fields and the use fee se t hi gh . Mr. Di c k i nson asked for clarification concerning t he di - r ec t s al e s ag e n t ordinance. Mr . Dickinson stated he could not see t h e o r d inanc e as e n f orceable. Mr. Dickinson opposed any door-to- d oor sa les a nd a sk e d that the ordinance be defeated. * * * * * * * Wil l ett F. Rustley , 3540 South Marion , came forwar d . Mr. Ru st le y e xpr ess ed his ob j ection to the proposed develo pment c a ll e d Marion Street Villas i n t h e 35 00 b loc k of South Ma rion . Mr. Rustle y s t ated the i mpa c t of extra pe ople and extra cars wou ld be too great and the neig hbo rhood c ou l d no t handle the newcomer s . * * * * * * * Bob Brunda g e , 4 1 40 Sou t h Huro n , c ame forward. Mr. Brundage stated he was Chairman of the Lions Club Committee be - hi n d the Communit y Center pro j e ct . Mr. Brundag e s tated the Co mm ittee 's slogan was "Comm un i t y Center -It's Now or Never". Mr . Brun dage i nv ited Counc i l t o th ei r k ic koff meet i ng on Thur s day a t City Hall at 7:30 p .m. * * * * * * * An thon y Monte, 35 2 0 South Mar i on, came forward. Mr. Mont e op p osed the Ma r io n St. Vill a s Planned Development. Mr. Mon te stated the develo pmen t wo uld t ake away f rom the fa mi l y neighborhood concept . * * * * * * * R. Payne, 6120 West Vassar , cam for ward. Mr . Payne stated he was th developer for the Marion St . Villas. Mr. Payne stated the reason b hind his plan was the market 1 nds itself to the kind of one b droom condominimums he is proposing at this time. Mr. Payne stat d he was trying to provide affordable housing. COUNCIL MEMBER BILO MOVED TO BRING FORWARD AGE NDA ITEM 6A- CO UN CIL COMMUNICATION FRO M THE PLANNING AND ZONING CO MM ISSION MEET- ING OF JANUARY 4, 1983 CONCERNING THE MARION STREET VILLAS PLANNED DEVELOPMENT . Council M mb r Fitzpa ric cond d the motion. Upon c 11 of th roll, th vot resul d as follows: Ayes: Council M mb rs Higday, Ne 1, Fitzpatrick, Weis , Bilo , Bradsh w, Otis. I • • January 17 , 1983 Page 4 Na y s : None. • • • Th e Mayor declared the motion carried. Dorothy Romans, Assistan t Di rector of Community Develop- ment -Housing, came forward and mad e the staff presentat i on re- ga r ding Mar i on S tr e et Villas. Ms . Romans stated the Board of Ad- j u stmen t & Appeals approved th e d en s i ty; Planning & Zoning Commis- sio n a pprove d the development plan with recommended changes and then r efe rr ed t h e plan to Counci l . Disc u ssi on ensued and con c ern was expressed about pre- serving the n ei ghborhood as it i s, about the area becoming a hodge podge of housi ng un i ts, and about addressing new ways of a f fordable housing. City Att orn e y DeWitt a dv ised f ull review of t h e plan by Council befo r e ma k i ng a dec i sion on the development. COUNCIL MEMBER BRAD S HAW MOVE D TO DELAY THE MATT ER UNT IL THE F IRST MEETING IN FEBRUARY. Motion di ed for lack of a second. COUNCIL MEMBER NEAL MOVED TO DENY THE REQUEST OF A PLANNED DEVEL OPMENT FOR MARIO N STREET VILLAS. Council Memb e r Hi gd a y s e c - onde d th e motion. Coun c il Me mb er Hi gday stated he felt there was a need t o preserv e th e res i d ent ial c oncept and the planned developmen t was i n c onf lic t with that ide a. Council Me mb e r We ist stated the marke t c hanges ma k e t h e p r o p osal re a son a ble. Cou n cil Member Neal expressed concern that the developer would change his mi nd in t he middle of the project and the final product would be a hodg e podge hou si ng . Mr. Neal wanted some assuran c e the de v elo pm e n t would have cons i stency . COU NCIL MEMBER NEAL MOVED TO DIRECT THE CITY ATTOR NEY TO DRAW UP THE DOCU MENT BASED ON THE RECORD TO DE NY THE DE VELO PM ENT. Counci l Member Hi gday seconded the motion . Upon a call of the r oll , the vot resulted as fol l o ws : Aye s : Na y s : Counc i l Member s Higda y, Neal , Fitzpatrick , Bradsha w . Co un ci l Memb e r s W i st , Bilo, Otis. Th M yor d cla r ed t h e motion c arried . • I • • ' • • • • January 17, 1 983 Page 5 were: * * * * * * * "Communi c ations -No Action Recommended" on the agenda (a) (b) (c) Minutes of the Planning and Zoning Commission meetings of December 7, and 14, 1982. Minutes of the Downtown Management Committee meetings of December 16, and 22, 1982. Memorandum to the City Manager concerning the Police Chief's and Division Chief's attendance at the International Association of Chiefs of Police Conference in Atlanta, Georgia. COUNCIL MEMBER NEAL MOVED TO ACCEPT "COMMUNICATIONS -NO ACTION RECOMMENDED", AGENDA ITEMS S(A) -S(C). Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nay s : Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • * * * * * • • Mayor Otis presented a letter from Mr. Joseph R. Rathburn concerni n g his r e signation from the Library Advisory Board. CO UNCIL MEMBER BRADSHAW MOVED TO ACCEPT WITH REGRET TH E RESIGNATION OF MR . JOS EPH R. RATHBURN FROM THE LI BRARY ADV ISOfl Y BOARD AND TO DIR ECT THAT S TAFF S EN D A LETT ER AS S UCH. Co unc il Member Bilo seconded the motion . Upon a call of the roll , the vote resulted as follo ws: Ayes: Nay s : Co u ncil Me mbers Higday , Neal , Fitzpa tr i ck, Weist , Bilo , Bra ds h a w, Otis . None . Th Mayor declared the mo t i on ca rri ed • • • * • • • * • I • • • • • • ----------------- January 17 , 1983 Page 6 Mayor Otis d cla r ed a re c ess at 9:05 p.m. Council re- convened at 9 :15 p.m. Mayor Ot i s asked for roll call. Upon a call of the ro ll , the foll ow i ng were present: Coun cil Memb e rs Hi gday , Neal, Fitzpatrick , Weist, Sil o , Bradshaw , Otis. Absent: None. The Mayor declared a quorum present. ORDINANCE NO. l SERIES OF 1983 * * * * BY AUTHORITY * * * COUNCIL BILL NO. l INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE PR OVIDING AN EXEMPTION FOR CERTAIN DIRECT SALES AGENTS FROM LICENSING PROVISIONS BY AMENDING ENGLEWOOD MUNICIPAL CODE OF 1969 , AS AMENDED, TITLE IX, CHAPTER 6, SECTION 22, THEREOF. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 1 , SERIES OF 1983, ON FINAL READING. Council Member Silo seconded the motion . Upon a call of the roll, the vote resulted as follows: Ay es: Nays: Council Members Higday, Neal, Fitzpatr ic k, Weist, Silo, Bradshaw, Otis. None. The Mayor decla red the motion carried. ORDI NAN CE NO . 2 SERIES OF 1 98 3 * * * * BY AUTHORITY * * * COUNCIL BILL NO. 2 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANC E AMENDING THE 1 969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED , BY AD DIN G CHAPTER 9.5 TO TITLE XI PROHIBITING AND DE- FINI NG T HE I SS UAN CE OF BAD CHECKS AND DECLARING AN EMERGENCY. CO UN CI L MEMBER FITZPATRICK MOVED TO PAS S COUNCIL BILL NO. 2 , SE RIES OF 19 8 3 , ON FINAL READING. Council M mber Silo seconded th motio n. Up on a c all of the roll, th voter sult d as follo ws : • I • • - t January 17 , 1983 Page 7 Aye s : Nays : • • - Council Members Higday, Neal , Fitzpatrick, Weist, Bilo, Bradshaw, Oti s . None. Th e Mayor dec l ared the mo tion carried. ORDINA NCE NO . S ERI ES OF 1983 * * * * BY AUTHORITY A BI LL FOR * * * COUNCIL BILL NO. 62 INTRODUCED BY COUN C IL MEMBER BRAD S HAW AN ORDIN AN CE RE P EALI NG AND REENA CTING CHAPTER S 1 , 2, 4, AND 9 OF TIT LE III , OF THE 1 969 ENGLEWOOD MUNICIPAL CODE, RELATING TO "BUI LDING REGUL AT IONS ," AND AD OPTING BY REFERENCE THE UNIFORM BUILDING CODE , 19 8 2 EDITION, THE UNIFORM MECHANICAL CODE, 198 2 EDI T ION , AN D UNI FORM PLUMBING CODE, 1982 EDITION, AND REPEALING ALL ORDIN ANCE OR PARTS OF ORDINANCES IN CONFLICT THEREWITH. COUNCI L MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 6 2, ON FIRST READ I NG . Coun cil Member Fitzpatrick seconded the mot i o n . CO UN CIL MEMB ER BRADSHAW MOVED TO AMEND COUNCIL BILL NO. 6 2 , ON PA GE 8 BY ADDI NG "OPEN" BEFORE "PARKING" IN (6); AND TO INCLUDE 3-2-3 "APP EAL S " SEC T IO N. Coun c i l Member Fitzpatr i ck sec- onded t he motion. Upo n a call of t h e ro ll , th e v ot e o n the a men d- me n t resulted as fol lows: Aye s : Nays : Council Members Hi g day , Ne al , Fitz p atric k, Wei st , Bi lo , Bradsha w, Otis . No n e . The Mayor d cla r e d th moti on c arr i ed. Upon a call of t h~ roll , the vote on the original motion r es ult d a s f o llo ws: Ay s : N y s : Co un cil Me mber s Higday , Neal , Fitzpatrick , We i s t , Bilo , Br a d s ha w, Oti s . Non • Th M yor d cla r d th e mo i on carried • • I • • r January 17, 1983 Page 8 ORDINANCE NO. SERIES OF 1983 * • • • ------------------------. - * * * BY AUTHORITY A BILL FOR * * * COUNCIL BILL NO. 63 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE AMENDING SECTIONS 1, 3, 8 AND 10, TITLE II, CHAPTER 3, SECTION 1 , OF THE '69 ENGLEWOOD MUNICIPAL CODE, ADOPTING BY RE- FERENCE THE UNIFORM FIRE CODE, 1982 EDITION. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 63, ON FIRST READING. Council Member Bilo seconded the motion. COUNCIL MEMBER FITZPATRICK MOVED TO AMEND THE MOTION BY ADDING "EXCEPT GROUP B OCCUPANCIES CLASSIFIED EXCLUSIVELY AS OPEN PARKING GARAGES IN ACCORDANCE WITH SECTION 709 OF THE 1982 UNIFORM BUILDING CODE" IN 2-3-1 (a) (4). Council Member Bilo seconded the motion . Upon a call of the roll, the vote on the amendment re-sulted as follows : Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Silo, Bradshaw, Otis. None. The Mayor declared the motion carried. Upan a call of the roll, the vote on the original motion resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDIN AN CE NO. SERIES OF 1983~- * * * * BY AUTHORITY * • * * COUNCIL BILL NO. 3 INTRODUCED BY COUNCIL MEMBER BILO I • • • • • • --------------------------------~ Janua ry 17, 1983 Page 9 A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT WITH URBAN DRAINAGE AND FLOOD CONTROL DISTRICT, THE CITY OF LITTLETON, AND THE UNITED STATES GEO- LOGICAL SURVEY PROVIDING FOR A SOUTH PLATTE RIVER GAGING STATION. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 3, SE RIES OF 1983, ON FIRST READING. Council Member Bradshaw seconded the motion. COUNCIL MEMBER BRADSHAW MOVED TO BRING FORWARD AND APPROVE AGENDA ITEM 8(0) -COUNCIL COMMUNICATION FROM THE DIRECTOR OF PUBLIC WORKS CONCERNING THE SOUTH PLATTE RIVER STREAM STUDY. Coun- cil Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nay s: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. COUNCIL MEMBER BILO MOVED TO AMEND THE MOTION TO PASS COU NCIL BILL NO. 3, SERIES OF 1983, BY CHANGING THE PERCENTAGE OF PAYMENT BY USGS FROM 251 TO so, IN SECTION 1. Council Member Brad- sha w seco nded the mot ion . Upon a call of the roll, the vote on the a mend ment resulted as follows: Ay es: Nays: Council Members Higday, Neal, Fitzpatr ic k, Weist , Bilo, Bradshaw, Otis. None. Th e Mayor declared the motion carried . Upon a call of the roll, the vote on the original motion resulted as follows: Ay es: Nay s: Co uncil Memb ers Higday, Neal, Fitzpatrick , Weist, Bilo, Bradshaw , Otis. None. The Mayor d clared the motion carried . • • • • • • • BY AUTHORITY • I • • • • • -·. ·------- • January 17, 1983 Page 10 ORDINANCE NO. SERIES OF 1983 A BILL FOR COUNCIL BILL NO. 4 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE APPROVING AN AGREEMENT WITH THE DEPARTMENT OF ARMY (CORPS OF ENGINEERS) TO IMPROVE THE SOUTH PLATTE RIVER BETWEEN OXFORD AND U.S. 285 ADJOINING ENGLEWOOD MUNICIPAL GOLF COURSE. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 4, SERIES OF 1983, ON FIRST READING. Council Member Bilo seconded the motion. COUNCIL MEMBER BILO MOVED TO BRING FORWARD AND APPROVE AGENDA ITEM 8(8) -COUNCIL COMMUNICATION FROM THE CITY MANAGER CONCERNING A PERMIT TO FILL ALONG THE RIVER NEAR THE ENGLEWOOD GOLF COURSE. Council Member Fitzpatrick seconded the motion. Upon a c all of t h e ro ll , the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original motion r e sulted as follows: Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Ma y or decla r ed t h e mo ti on carried. RESOLUTIO N NO. 1 SE RIES OF 1983 * * * * * * * A RESOLUTION AP P RO VI NG A STANDARD S EPTIC HAULERS' CONTRACT AND EST ABLIS HING RATES FO R WA STEWATER TREATMENT SERVICES TO SEPTIC HAULERS . COUNCIL MEMBER BRAD S HAW MOVED TO PA SS RESOLUTION NO. 1 , SERIES OF 19 8 3 . Cou n cil Memb e r Fitzpatrick seconded the motion. Upon a call of the roll , t h e vo t e result e d a s follows: • I • • , January 17, 1983 Page 11 Ayes: Nays: • • - Council Members Higday, Neal, Fitzpatri ck , Weist, Silo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 2 SERIES OF 1983 * * * * * * * A RESOLUTION APPOINTING CHARLES C. GRIMM ASSISTANT CITY ATTORNEY. COUNCIL MEMBER FITZPATRICK MOVED TO PASS RESOLUTION NO. 2, SERIES OF 1983 . Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Th e Mayor declared the motion carried. Council Member Bradshaw commended Mr. Grimm on the fine j ob he was doing in the prosecutor's position of the City Attorney's Department. City Attorney DeWitt stated he would pass on the compli- ment o Mr. Grimm . * * * * * * * Under "Other Ma tters", City Attorney DeWitt discussed the recommendation from Attorney Robbins that the City of Englewood dismiss the suit against the Water Quality Commission regarding stream standards . Mr. D Witt stated the recommendation is based on th fact that the City has entered into a contract to do a stream stud y; and p nding the outcome of the study, the City can decide wheth r or not to re-litigate . COUNCIL MEMBER BRADSHAW MOVED TO DISMISS THE SUIT AGAIN ST THE WATER QUALITY CONTROL CO MM ISSION . Cou n cil M mber Silo seconded th motion . Upon a call of the roll , th vote resulted as follows: Ay s : Council Memb rs Higday, N al, Fitzp trick, Weist, Bila, Bradsha w, Otis. I • • - • January 17, 1983 Page 12 Nays: None. • • • The Mayor declared the motion carried. * * * * * * * City Manager Mccown presented a Council Communication con- cerning 1983 Aid To Other Agencies. COUNCIL MEMBER BILO MOVED TO APPROVE THE FOLLOWING AID TO OTHER AGENCIES: INTERFAITH TASK FORCE ARAPAHOE HOUSE MEALS ON WHEELS PROGRAM CO MMUNITY ARTS SYMPHONY HOLIDAY PARADE LEAGUE OF WOMEN VOTERS OF ARAPAHOE COUNTY $12,000 7,000 2,500 1,500 1,000 700 Council Member Fitzpatrick seconded the motion. COUNCIL MEMBER BRADSHAW MOVED TO AMEND THE MOTION THAT THE FUNDS FOR THE HOLIDAY PARADE WOULD ONLY BE ALLOCATED IF REQUESTED. Council Member Fitzpatrick seconded the motion. Upon a call of the roll , the vote on the amendment resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original motion resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Non • Th Mayor declared the motion carried. * * * * * • • City Manager Mccown presented a Council Communication from th Dir ctor of Public Works concerning th purcha e of a snow loader • • I • • • January 17 , 1983 Page 13 • • • COUNCIL MEMBER FITZPATRICK MOVED TO AUTHORIZE THE PURCHASE OF ONE S NOW LOADER FOR $6,000.00. Council Member Higday seconded the motion . Council Member Higday stated he had received a letter from a citizen criticizing the City for buying used equipment. Counc i l Member Higday stated the City had a crew capable of maintaining the used machine for long-term service. Council Member Higday noted the transportation of the vehicle was included in the $6,000. City Manager Mccown stated the reason of recommending used equipment of this type was because it was used on the average of twice a year; therefore, it should last a long time. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * City Manager Mccown presented a Council Communication from the Po lice Department concerning animal pound adoption fees. Mr. McCown stated the Police Department is proposing a reduct ion in adoption fees for cats based on a surve y where in the City of Engle- wood was the only City in the metro area charging the same ado pt ion fees for cats and dogs. The Po lice Department concluded this may be the reason why cats go unadopted at the Englewood shelter because the public feels the fee is too high. COUNCIL MEMBER BRADSH AW MOVED TO REDUCE ADOPTION FEE FOR CATS TO $20.00. Council Member Fitzpatrick seconded the motion. Council Member Silo opposed the motion on the basis it prejudiced dog lovers . Mr. Bilo stated the prices were set by the Committee for~ reason. Mr. Bilo stated the adoption fee may need to be r -evaluated ; however, the fee should r emain unchanged unt il then . Upon a call of th roll, the vot e resulted as follows: Ayes: Council Member s Higday , Neal, Fitzpatrick, Weist, Bradshaw, Otis • • I • • • • • • January 17, 1983 Page 14 Nays: Council Member Bilo. The Mayor declared the motion carried. City Attorney DeWitt stated he would prepare an ordinance reducing the adoption fee for cats. City Manager Mccown stated he would provide the complete Police Department survey to Mr. Bilo. Council Member Higday asked the City Manager to request from the Po lice Department to perform a study to see if after one year the adoption of cats over dogs had increased. * * * * * * * budget. City Manager Mccown transmitted and discussed the 1983 COUNCIL MEMBER BRADSHAW MOVED TO RECEIVE THE 1983 BUDGET DOCUMENT . Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * Council Member Bradshaw recommended that an snow emergency plan be prepared in light of the last big snow storm. Mayor Otis stated the Public Works Department was drafting a plan for Council 's review. * * * * * * * Discussion resumed concerning the Mar ion Street Villas Plann d Development . COUNCIL MEMBER FITZPATRICK MOVED TO SET A PUBLIC HEARING ON MARION STREET VILLAS FOR THE FIRST COUNCIL ME ETING IN FEBRUARY. Council M mber Bilo seconded the motion. The motion and second wa s withdrawn • • I • • ... • • January 1 7, 198 3 Pag e 15 • • • COUN C IL MEMBER BILO MOVED TO SET A PUBLIC HEARING ON MARION STREET VILLAS FOR MARCH 7, 1983. The motion was withdrawn. COUNCIL MEMBER FITZPATRICK MOVED TO SET A PUBLIC HEARING ON MARION STREET VILLAS FOR FEBRUARY 28 , 1983, AT 7:30 P.M. Coun- cil Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council Member Neal instructed staff to call the two gentlemen who appeared previously in the meeting and inform them of the public hearing. COUNCIL MEMBER BRADSHAW MOVED TO RESCIND THE MOTION ON MARION STREET VILLAS. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * Th ere wa s no further business to be discussed. COU NCIL MEMBER HIG DAY MOVED TO ADJOURN. Mayor Otis adjou r ned th mee t i ng wi thou t a v ot at 10:05 p .m. • I • • n - (r • • • - MINUTES OF ENGLEWOOD HOUSING AUTHORITY REGULAR MEETING October 20, 1982 5 A The regular meeting of the Englewood Housing Authority was called to order by Vice Chairman Betty Beier at 5:10 P.M. at the Simon Center, 3333 South Lincoln, Englewood, Colorado. Roll Call Members Present: Betty Beier, Vice Chairman Beverly Bradshaw William R. Frasier Members Absent: Thomas J . Burns, Chairman Cindy Peterson OthLrs Present: Frances Buck Jonas , Executive Director Janet Grinlllett, Clerical Technician Al Van Demark, Technical Services Supervisor Jack Buschman, Nelson and Co., Inc. Donna Baumann, Recording Secretary For the record it shall be noted tha t Thomas J . Burns was delayed due t o a lengthy court hearing, however did arriv~ a t 7:00 P.M. Cindy Pet erson was absent due to maternity leave. Reading and Approval of Minutes M/S BEVERLY BR..IDSHAW, WILLIAM FRA SIER TO APPROVE THE MINUTES OF THE REG ULAR IEETINC OF JUL"' 28, 1982, AS WRI TTEN. THE MOTION CARRIED AS FOLLOW S: AYES: NAYS: ABSENT: BRADSHAW, FRASI ER, BEIER NONE BURNS, PETERSO M/S BEVERLY BRADSHAW, WI LLIAM FRASI ER TO APPROVE THE MINUTES OF THE REGULAR MEETING OF AUGUST 25, 1982 , WITH FOLLOWING AMENDMENT S: P. 3, last sent nc , in rt nd a dd to last sent nee: "first public housing budget that the Engl wood Hou ing Autho rity will dopt" MOTI N CARRIED AS FOLLOWS : AYES: NAY~: ABSFNT: BRADSHAW, FRASIER, BEIER ONE BURS, PETERSON M/S WILLIAM FRASIE , SEVERY BRADSHAW TO APPllOVE THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 29, 1982 , WITH FOLLOWING AMENDMENTS: P. 2, t hir d p raaraph fro bo to , cond a n tenc ah 11 b deleted and r plac d with th aentenc: Mr Chandler lao not d that Marty Wei haa made so minor cor rection s in ord r to obtain th c rtificate of occup ncy fro th ~ity, P. 3, th laat ant n und r h o ''Orchard Pl c -Statua of W tar • I • • • • • Pro blem", shall be d eleted completely dnd removed. P. 3, under motion, this motion was amended to inclu<le Lhe recommen<laL onb un<l c hanges within the motion as foll ows: M/S BEVERLY BRADSHAW, WILLIAM FRA SIER TO AUTHORIZE THE DE VELOPER AND BRAOY CORPO RATION TO GO AHEAD WITH THE RECO MMENDATIONS IN THE REPORT SUB JECT 1'0 THE FOLLOWING TWO CHANGES: l. THE INSPECTING ARCHI TECT WILL BE INCLUDED IN ITEM II, PARAGRAPH I I. THE AMENDED PARAGRAPH WIL L READ "T HES E MODI FIC ATI ONS SHOULD BE DESIGNED AND DETAILED BY MR. BIEBERLY AND REVIEWED BY THIS OFFICE AND THE INSPECTING ARCHITECT". 2. THE LAST THREE WORDS WILL BE STRICKEN FROM ITEM II, PARA GRAPH III. THE WORDS STRICKEN ARE "AND THE OWNER". P . 4, third paragrdph f rom top, first sentence, t he s pelling of the n~m· "Paul" shall be co r rected and changed to "Pahl", and in the same sencence, Lhe foll owing shall be deleted and removed, "although only 4" is wet ". P. 5, second paragraph from bottom, first sentence, shall be c hanged f rom "Mrs. Bradshaw" to "Ms. Bradshaw". P. 6, first paragraph from top, second sentence, "Acoma" shal be deleted dnd changed to "Bannock". MOTION TO PASS AMENDED SEPTEMBER MINUTES CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BRADSHA , BEIER , FRASIE ONE BURNS, PETERSON Public Housing Project CO 48 -3 -F milv Dupl xes -Closing Jack Buschman of lbon-Roth reported that the duplexes on OcLob r 1 , 198 2, tha t it wer ve r y pl sed with th p r oject nd hop in th ir turning iL av r to th m. thy h d signed th closin on s very c lean closing , Jn<l thty d Housin Authority was as pl as <l i,.,c cut1v Dir ctor Fr nc b Jona p,H,be< around pktur s t.iken t t1 of dobin . Ex CUC1V Dir on th Add ndu bu t th t Lind 1anc b Jon • th y Lill WO kin& l •• s yet. I • • _n - ( • • • - Resolution Establishing an Economic Cross Section of Rent Ranges -CO 4 .. -3 Executive Director Frances Jonas for consideration and adoption. Cross Section of Rent Ranges for HUD Regulations 24 CFR 860.205. submi tted Resolution No. 19 to th e lloa 1 <l This resolution establishes an Economic Project No. CO 48-3 in accordance with Executive Director Frances Jonas stated that the manager at Orchard Place has been working to get all units filled and indicated that eight of ten vacant duplexes should be filled wi thin two weeks and the other tw o should be filled short ly after that. Exe c utive Director Frances Jonas informed the Board that in accordance with HUD on public housing, it is ne cessary that we have people from each range of income in public housing so that we can afford to pay our bills. Executive Director Frances Jonas informed the Board that they have already established this range for Orchard Place and opened it for elderly, and now we are passing the range-income breakdown for the duplexes. She passed out an information sheet fr om HUD showing that 19 .9% of the c ounty's families fal l in t he under $4,800 income bracket which encompa sses two of our units; 45.1% fall in between $4,800-$9 ,599 income bracket which encompasses five of our uni ts; 32.7% familie s fall in the $9,600- $14,399 income bracket which encompasses three of our units , and 2.34 fall in the above $14,400 income bracket and at this time zero unit s go there. Vice Chairman Beier inquired of the Executive Director as to whether the range of income required for the handicapped was the same as that required for the elderly . Executive Director Frances Jonas stated th t HUD regard s the handicapped the same as elderly h ou sin in tha t hey re lumped toge th er in one category; howe ver th ld rly is consider d 62 years and older and th handicapped can be any g M/S BEVERLY BRADSHAW, ILL AM FRA 1£ TO ADOPT RESOLl!I'lOt-. .'O . 19, SL RlE S OF 1982, ESTABLISHIN G AN ECO OMlC C OS SECTION OF RENT RANCES FOR PROJECT ~O . CO 48-3 IN ACCORDANC E WITH H REGULAT ION S 24 CFR 860.205. THE MOTION CARRIED AS FOLLOWS : AYES: NAYS: ABSENT: BRAD SHA ·• BEI , FRASIER NONE BURNS, PETERSO Orchard Place -CO 48-2 -Statu of Water Lealtag Problem Jack Buschman of N lson-Roth r port d that they h d disinter std party Pahl, Pahl, nd Pah l do n analy ts of th prob l m .it Orch rd Plac , 1 ngthy nd expensiv report whos r co ndat ens wer cc pt d by all parties c oncerned. A co py .i:. provl.ded l, Lh..: EHA Attornlly. The bulk o[ thclr recom- mendations, approximately 90-95% of them fall on Brady .tnsofar as corrections o r changes to b mad on Orchard Place, and he tat d th following r garding six of those corr ctions. (Although re[erenc was made by Jack Bu s hman to 6 items, it appear s only five w r discussed.) Jack Buschman aid th go 1 to c ompl te th corr ctions is 30 <lays which is approximately three mor w ks. -3- I • • • • - Jack Buschman discu~sed Lhe cor re cLlO nb as follows: 1. Gu t ters -Gutters are going up at Orchard Pldce dnd it is J n ti c 1.pJ Lcd Lh ,., will take three weeks to comp le te 2. New Carpet s -Will be installed in dll 27 rooms. Al VJn uernark q11cs LJ o ncd whether it wa s going to be n w c arpeLing as shampooing ol o ri b 1.11cd , ,.n pel had been observed by their personnel to wh ich Jack Bus c hman repl i ed that some of the extensive c arpet wor would noL be compl eL ed until a ll t h, exterior fixture s wer e done. 3 . Balcony Floan, -lhey are bu ying m,H erial now wh 1.ch wi l be Ubed Lo slope the balcony floors so they wil l get wa ter runoff Lo th e dge. Al Van Demdtk inqui red as Lo how many they were going to do on Lh balconies to whi ch Jack Bus chman repl i ed , "which ver on es need it." 4. They are manufa ~turing grill wicks which will be us ed l ie a spitter co take the water out away f rom the build ing. Those will be in s t ul l0d JI the same time Lhey d o the gutters. 5. Exterior Paint Work -This wi ll s t art next week . Al Van Demar k inquired if this was going to be performed only on 1/703 Lo which Jack Bu s c hman replied that it would be the com plete fl oor . Jack Buschman stated that the Brady Corporation was going to perform the work. Beverly Bradshaw inquired as to what the cost breakdown on this wo r k wab and Jack Buschman stated it was no cost to Housing Authority, but the figu1 not counting the cost of the stuay, was approximately $1 3,500 .00. Bever l\ Bradshaw inquired if chi& would tdke care of Lhe wat r problem, to whicl J ack Buschman replied that s loping th floor., and scalin 1t should :,Ol\c· th " probl em, but we wi ll hav to s wl,at transpire:,, ~->< cut1.ve Oir ecL o r Frances Jonas indi ted the warranty i still ood should Lh se ltemb not be completed to satis f ction. Mr. Buschman bta t eJ th! hac.J tllJO>'-Lt." db.,oc1at1on with the Hou.,1.n Authorit y members, staff, and working with Fran "Jonas nd left the et ing. cxecutiv DireLtor Ft anc " Jona:. p "'" ·d out d copy to •ach rucmb r u t th<; release of th lein on the prop rt} and .. copy of Maxwell S ul 's t1.nal billin wh1c h was noted that il ~am t o cab th 1 th~ 1 um amount of Lhc c ontract, She loo paai.ed o ut a c.o py o t th t.re au1 dvance r c lVt,d I rora HUD for th duplex1c: ... D11e .. cor th ir Ab1>1 .. tant t Orch r d y, thu the po Hion h " "6dVCl - nt .. th t thObC hi d rh y hav obt,un d tho nd will ch Utch rd Pla~ -Pct onn J. att 1 M/ BEV RLY BRA.OSHA , 11 l.lAM RA.., l lU r. 10 UECUll i,: ::,i,:s::,lQt,. lltE MOTION CARRIED AS 01 WW::,: AYES: RAU::,HA , BEllK , rRA::.lr. AY : Nt: ABS!:; l : 8 , Pt:n:. l>U I • n r • • - M/S BEVERLY BRADSHAW, WILLIAM FRASIER TO LEAVE EXECUTIVE SESSION. THE MOTION CARRIED AS FOLLOWS : AYES: NAYS: ABSENT: BRADSHAW, BEIER, FRASIER NONE BURNS, PETERSON Rehabilitation Program -House Moving Project Report Al Van Demark, Technical Services Supervisor submitted a letter to the Board summarizing the availability of better housing for th e City of Englewood through acquisition, rehabilitation and relocation. Al Van Demark stated that funds are available through West America Mortgage Company (an affiliate of Western Federal Savings) and First Mortgage Company of Denver. The financing would be FHA financing at 12% with only a 5% down payment required with the proper appraisal. The financing institution will pre-quali fy purchasers, do the appraisals, credit checks, and coordinate the c onstru ction an d permanent financing. The Ho using Authority's only i nvol vemen t wil 1. he to work with the prospective buyer with the plans for rehabilitatiun, secure bids on the rehabilitation plans with the contractors we now use in ou r program, and monitor the work to completion. For these services the Housing Authority will receive up to $5000 on eAch transaction (in cluded in cost of loan) to be placed in their revolving fund. Any funds accrued could be used for possible future purchase of property rehabilitation . Although it is not anticipated that a lot of homes would be moved, t hey will become more readily available to a prospective buyer with prior approval. Beverly Bradshaw asked if Housing Authorit y would be doing any advert ising and Executive Director Jonas indicated that perhaps some public relations work would be done. Vice Chairman Beier asked Al Van Demark how they planned to determine the fee and he indicated that although th e consulting fee could never be over $5000, in some cases,we might just provide housing without a consulting fee at all, or just enough to clear any expenses involved which might only be a $500 fee to be added to the Revolving Fund. William Frasier asked if they wer e going to try to coordinate units that were available to lots that wer available on the mov -ins. Al Van Demark stated they are coming up with a list of all sites that ar available, ubtaining the cost on them, etc., and when we get that list then we would have a price on them. Property would not be purchased until there is an applicant who qu alifies. M mber Bradshaw inquired s to wh ther the qu lity of the housing would upgrade the g n ral characteristics of so of th hou ing tock in Englewood, realizin that it wil l be upgr d din ide, insofar s eth tically fittin into an ighborhood. Al V n Demark indicated that wh n a hou is moved, it must meet "new house" code and stand rds inside a ~11 s outside, so it would b a definite improvem nt. William Frasier suggeat d that st ff cont ct so of th developers who mov houaea asking them o ke p ua advised of wha t ia becoming available th reby enablin ~taff to look at a houa nd atilllate what it would take to rehabilitate it. -5- • I • • • • - M/ S BEVERLY BRADS HAW , WlLLIAM FRAS 11:.R HJ DIRECI S fAFF TU CONT rnm· \·! ITII TIil> HOUSE MOVIN G RE HABIL ITATION PROGRAM. THE MOTION CARRIED AS FOLLOWS : AYES: AYS: ABSENT. foreclosur e s BRADSHAW, FRASII:.!{, Bt,11:.1:1 NONE BURNS, PETERS ON JdneL Grimm tt of the Housin A thoricy laff 6 ave Lhe iollowing report . Loa n /173 -They are five months deliquent however, brought i n the payml'nt yesterday to bring them up-to-date except tor $3.00 short. Beverly Bradsha~ asked if there was any way we could asses .i a late fee. Janet Grinunett indica ted no clause for late ch arges wa s stipulau,d in their deed of trust. Willidm Frasi.c1 recommended that we have the EHA Attorney read the Note of Trustee and possibl y make a recommendation. Jane l Grimmett stated that the Notes of Trustees are all standard. Executive Director Frances Jonas stated that our situation 1s t wo-fold: l. Basically we are not in this program to foreclose, unless we absolutely have to -Loan f/7 3 are still paying even though late . 2. Do we want the h use--do we have to foreclose? William Frasier suggest d that we dvis th delinqu nt party that it the) ar 30 days late , their debt will 6 0 to n attorney for tollection, Jnd then in order for them to become cur rent w th pay nts, they w~l l hav tu pay attorney's fee s which will be the lat ch rge in ess n B v rly BrddShdW asked the amount of th loan. J net Grl etL indicaLed it wa s dat d ·ovemhcr 10, I 80 fo r $11, 00--nu lien:. b h1.nd uur litn. fhe J.r ii.est murl .ige wa onl y $8 ,000 or iginally . lh loan as ., s lrdight pa»s-thr ou h so basit.;lly thc on y would com J.nto th bank, not our R volvin Fund . B v r ly Br.idshaw .;slc.ed if w could requ bl Lhc Loan 7) to pay J month in ad vanc 11 th y f ult ain • I • -• • - Loan 99-Janet Grinunett reported that Loan #99's first mortgagee is fo r e- closing, although she has not yet received anything definite as to filing of the papers as yet. Attorney Kathy Allin talked to the lawyer who ls repre- senting the first mortgagee who said he has not looked at their file, but the decision to foreclose has already been made and is definite. William Frasier asked where Loan 119 9 house is located and what is the value. Al Van Demark stated the house is located at 4151 South Acoma. Al Van Demark stated that there is probably close to $40,000 encumbered against the home, but to make it saleable one wou ld probably have to put another $10,000 into it since it is not comp leted. Janet Grillmett indicated Loan #99 defau l ted on their loan with Housing Authority of approximate ly $3600 when they were acting as their own contractor. Al Van Demark explained tha t when a homeowner does their own work , Housing Authority would advance the money ahead of time and then the homeowner would supply Housing Authority with the bills to substantiate the amount loaned to them. In Loan #99's case the homeowner stated they lost the bills, then said they paid off some of their other bills, so at that point Housing Authority stopped consLruction, and brought the matter to the Housing Authority Board's attention and took action. Al Van Demark indicated that the owner is building a rear addition onto their house and it is weather tight, but the interior has not been finished. Janet Grimmett stated chat the Loan 99with ERA is $6900 , but they also have a subsidy that is equal to $2782.00 which is due back and payable if the prop- erty is disposed of within 5 years, which declines at 20% each year . We are still within the first year since they signed the loan in December of '81, plus the default amount of $3605 which was set up as a side payment, so the grand total due is $13,355.00 stated Janet Grimmett. William Frasier stated that if our documentation is right, w then have the right to cure the first; however, Attorney Kath y Allin stated th a t we do not hav e the right to cure it, the owner has the right to cure it, and we have the right to redeem it. Attorney Kathy Allin informed the Board that the normal procedure for a foreclosure is: 1) Owner has the right to cure prior to the sale, 2) Sale of property, 3) Owner has 75 days to redeem, 4) 1st mortgagee has 10 days to redeem, 5) Everyone else gets 5 days to redeem. William Frasier stated that if we cur or make up the back payments on the first, we can begin foreclosure becaus th default in the first is considered d fault in our s ; oth rw1 w would have to pay cash to pay off the first, but it would b mor ben ficial if we could just make the payments and ave th hous • J n t Grimm tt st Led th Lon 99nc ver signed the s con<l st1pulation which their ttorney had advis d them to sign which gave th m 36 months to pay at $100/month. W then d clar d th t th f irst tipulation was in effect which automatically put them into default. did gt $307.00 from Chapter 13 which wa s dismiss d, o thy forward d th 307.00 to u&. R ght now they are behind on th ir r gul r nta for Sept mber and O tob r Jnd thy are b hind in def ult from F bruary to Octob r, so th ir total d f ult is $1 ,950.92. Attorney Kathy Allin st t d th t Chapter 13 bankruptcy, but rather ad btor'a alternativ -7- y not n ces.1ar1ly b d cl ring to bankrupt,y. Option -Sine • I • • -• • • the f i rs t mo rt gage is a VA l oan and assuma ble, we could s uggest to Loan ll99 that s ince t hey are in de f au lt wi th us a nd t heir first mortgagee, foreclosure is c learl y eminent, so we will agree to take th property in exchange or dec laring your no te pa i d i n f ull and we wil l assume your first, so no mane wou ld chauge hands . In o r d er to release Lo a n 1/9 9 from liability we wnul d have co gee a Release of Liability f o rm f rom the V.A . William Frabier bu 6gcst c d t o At t o r ney Kathy Allin that we ma ke Lo an 899 t hat kind of an offer and if th ey don't accept, then we c an go t o court . Rec ecption #2076011 -This party is 10 mon t h s 1n default; however, since chis is a grant, there is really no mone y owed to u s. This unit is lor a ted at 3959 South Ac oma . Attorney Kathy Allin not ed t h at f oreclosur proceed i ngs have alread y started, the sale is set for De c em ber 14 , the fi r st mo rtgage is $40 ,730 .8 1 and a $3,000 second mortgage, and we are the t hird party. If we c ou l d re cap- ture that grant, we could give the grant to someone else. Housing Auth ority's grant to them was $15,000. $62,000 i s t h e grand total o ut s tan d in g or owing on this home. We would have to r isk $4 4,000 to try and save $15,000. Beverly Bradshaw reque s t ed Atr orney athy Al lin to send t he Boa rd a memo outlining the procedure and proc es s of a f oreclosure . M/S WILLIAM FRASIER, BEVERLY BRADSHAW TO HAVE ATTORNEY KATHY ALLIN CONTINUE TO RESEARCH RECEPTION /12076011; ADVISE THE BOARD IF WE CAN CURE ON LOAN /1 99 OR DO WE NEED TO GO TO COURT FOR PERMISSION TO CURE; ADVIS E THE BOARD WHE N WE CAN ASSIGN LOAN /173 FILE TO ATTORNEY KATHY ALLI N TO INCUR AND REQ UIRE THAT LOAN 1173 PAY ATTORNEY'S FEES AND DIRECT STAFF TO TALK TO LOAN #99 REGARDING THE POSSIBILITY OF HOUS IN G AUTHORITY ASSUMING THEIR FIRST MOR TG AGE IN EXCHANGE FOR WRITING OFF THEIR LO AN WITH HOUSING AUTHORITY; AND DIRE CT STAFf TO OBTAIN A WINDOW APPRAISAL OF LOAN 099's PROPERTY. MOTION CARRI ED AS FOLLOWS: AYE S : NAYS : ABSENT . BEIER, FRA SIER, 8RADS HAW NO NE BURNS , PETERS ON Executive Di rec t or F nc b Jonab sated it any ot th~ d tJults requir a lion prio r t o th nex t m ting ~L would do t l phon poll with th m mberb. Co mmun it1 D v lo pm nt Applt~Jt1on St tu s tx ut 1v e Director ftJnc~s J unas v 1s d th b~ard LhJt tn HUD, Co mm un ity De v lopme nt ppl1~ation 1~82 FY CD grant is 19 2, nd the public h a,i b tor th CJt ouncil will b Mandy ev ning, Octob~r 2~, l ~ - Cl!on b txi bt1ng -1~8 buug A cutiv Dir ctor h • Ot I, I . • • - M/S WILLIAM FRASIER, BEVERLY BRADSHAW FOR THE ADOPTION OF RESOLUTION NO. 20 APPROVING REVISED SECTION 8 EXISTING HOUSING ASSISTANCE PAYMENTS PROGRAM BUDGET FOR FISCAL YEAR ENDING DECEMBER 31, 1982. MOTION CARRIED AS FOLLOW S: AYES: NAYS: ABSENT : BRADSHAW, FRASIER, BEIER NONE BURNS, PETERSON Section 8 Existing -1983 Budget -Resolution #21 Executive Director Frances Jonas called attention to the budg et, line 4 of the Estimate of Required Annual Contributions which indicates we hav e a good sized reserve and are adding to our reserve instead of dipping out. So far our Section 8 Program is in good financial shape. M/S WILLIAM FRASIER, BEVERLY BRADSHAW FOR THE ADOPTION OF RESOLUTION NO. 21 APPROVING SECTION 8 EXISTING HOUSING ASSISTANCE PAYMENTS PROGRAM BUDGET FOR FISCAL YEAR ENDING DECEMBER 31, 198 3 . MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: Director's Choice BEIER, FRASIER, BRADSHAW NONE BURNS, PETERSON Executive Director Frances Jonas int roduced a CETA contract whereby CETA is granting us a maintenance per son which will be 100% paid by CETA. M/S BEVERLY BRADSHAW, WILLIAM FRASIER TO AUTHORIZE CETA CONTRACT NO. 2-252-3, ITEM G-l . MOTION CARRIED AS FOLLOWS : AYES: NAYS ABSENT: BRADSHAW, FRASI ER, BEIER NONE BURNS, PETERSON Public Officials Liability Insuranc The Board r quested Executive Dir ctor Frances Jonas to ch ck further on Public Officials Liability Insur nee and mak a comparison betwe n the City's coverag and HUD'S Public Official Liability Insurance coverag . Ex cutiv Director Frances Jonas stat d that in the past HUD did not allov th coat to b paid from public housing funds, bul now thy do nd w will hav to includ the coat of this cov rag in our 83 Fi CAl Y ar budget. B v rlyBradshaw indicated that sh believes th Board ia covered. Tom Burns suggest d that w get it in writin Executiv Dir ctor stated w should give a copy of th p cs to Attorn y athy Allin to l) comp r th sp cs with what the City has to see if the City covers the 1t ms that the EHA n eds to b ccv red for and 2) th n gt al tter from the City's Insuranc pool to verify if th Board ia cov rd. Executiv Director Frances Jonas informed the Board that she h • b n a k d if she would accept an appoint nt for the period from now through Au gust, 1983, to • rv on th N tional AHRO Co unity D v lopment Coaaitte • Bill Ratzlaff who is th xecutiv Dir ctor of D nv r Houain& Authority is S nior Vi President of Nation 1 NAHRO this y ar and will b Pr aid nt next y ar. H will be workin on tryin& to hav HUD dr v up an w OMNIBUS Houain& and Co11a1.1ni y -9- • I • - • • • • Development Act, and he needs people to help him get his program through Na tional NAHRO. This appointment to the NAHRO Community DevelopmenL CommiLLee will require approximately two to Lhree trips to Washington, I-day trips which will cost approximately $450 each, so that would require an expendlLure ul Housing Authority money of approximately $1200-$1500 . Although the money is there, it has not been approved for this particular use. M/S BEVERLY BRADSHAW, WILLIAM FRASIER TO AUTIIORIZJ,. EXECUTIVE DlRECTOH fl(AN(;t,;:; BUCK JONAS TO ACCEPT THE APPOINTED POSITION FROM NOW THROUGH AUGUST, 1983, TO NATIONAL NAHRO COMMUNITY DEVELOPMENT COMMITTEE. MOTION CARRIED AS FOLLOWS: AYE S : NAY S : AB SE NT: BRADSHAW, FRASIER, BEIER NONE BURNS, PETERSON William Fras ier informed th Board previously that he would have leave early as had a previous commitment. The meeting was recessed for a short dinner break. Theyreconvened at 7:30 P.M. when Chairman Tom Burns was in attendance. M/S BEVERLY BRADSHAW, TOM BURNS TO MOVE TO EXECUTIVE SESSION. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BRADSHAW, BEIER, BURNS NONE FRASIER, PETERSON M/S BEVERLY BRADSl:!A, TOM BURNS TO LEAVE EXECUTIVE SESSION. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BRADSHAW, BEIER, BURNS 'ONE FRASIER, PETERSON Th meetin wa adjuurnea al :40 P.M. ... • I • • • • - Englewood P~rks and Recreation Commission Minutes of November 18, 1982 SB Th e regular monthly meeting of the Englewood Park s and Recreation Commis s ion was called to order at 5 :30 p.m. by Vice-chairperson, Fran Howard, at the Englewood Park s and Recreation Depa rtment In -se rvice Training Room. Ch airma n Pool e arrived at 5:33 p .m., and continued the proceedings of the meeting. Members prese nt: Allen, Boardman , Brad shaw , Gome s, Higday, Howard, Poole, Roman s , ex offici o Members absent: None Also present : Leon Kuhn, As sistant Directo r of Parks and Recreation Doug Foe, Assistant Dir e ctor of Parks and Recreation Ken Ballard, Recrea tion Supervisor Jerry King, Golf Pro Paul Fugate, Recreation Youth Counc i I Becky Rademacher, Recreation Youth Council Jeff Weist, Recreation Youth Council Chairman Poole asked if there were any addit ions or corrections to the minutes of the meeting of October 14, 1982. Commissioner Higday requested that an amendment be made on page 2, last sentence of para. I, as follows: "Commissioner Higday explained that the capital outlay budget cuts were reduced because of pos si b ly grim 1983 revenues and that some members of City Council were in fact im pre ssed that a number of unexpected 1982 expenses (1 ight and swimmi ng pool repairs) were absorbed without supplementary re- quests." Th minutes w re appro ved as am nded. Assistant Director Fo reported that the Recreation Department is experiencing some probl ms r gardlng th u e of school facll itie Hr. Fo stated that the Recr atlon 0 p rt nt wa very appr ciativ and I t v ry for tuna t to be ab I to u ti 1 I ze th ~chool gym~ in dditlon tooth r school facil I ties. H not d that exc llent coop ration, with v ry few xc ptions, ha xlsted b twe n th City and chools for th past thirty y ar and h hop d thl would contlnu H v r, with th dv nt of middl chool lntr murals, chool t f r er ati n pro r nd oth r lncrea d school n d , s conflicts have arls n. Often, th re er dul In pr bl wl th c 111 t I nd progr m which re ult In th City end chool • I • • • • - Englewood Park ~ and Rec r eation Commi ss ion Minut e, o f Nov ember 18, 1982 Page -2- attempting to serve the same youngsters at the same time. There have been several cancellations of City programs by the schools for some school functions which apparentl 1 have not materialized resulting in the facility going unused . Occurrences such as this have made it very difficult to administer Recreation programs which almost totally rely on school facilities. Because of unanticipated school cancellations, Recreation activ - ities have to be cancelled or moved, schedules interrupted and people displaced. This often leads to complaints from participants concerning the Recreation Department and the schools. Ken Bal lard, Recreation Supervisor, was present to relay some of these problems and expressed a feeling that the Recreation Department and schools should coordinate their programs instead of working individually and perhaps avoid duplicating programs. He stated that a joint effort would benefit everyone. After much discussion, at Director Romans suggestion, the Commission agreed that the best route to take would be for Romans to meet with or direct a letter to Roscoe Davidson, Superintendent of Englewood Schools, and discuss these problems of school use. Director Romans reported that Golf Pro Jerry King has submitted to him his rec- ommendations for 1983 golf fees. He, City Hanager HcCown, and King then met and agreed on a 1983 golf fee sc hedule to be submitted to the Parks and Recreation Commission for their consideration. Th se recommendations are listed in a memo dated Novemb er 10, 1982 from Director Romans to City Hanager HcCown. King explained that in the course of his surv y, h found that D nv r is the only metro area course charging a higher ee than h recorrrnend d for non-residents. He Io tated that 80 % of th revenue from green fees is due to non-resident players at th Englewood Golf Course. Roman s added lh l Foothills i constr ucting a new 18 hole golf course,and a new priv te 18 hole golf cour , Racoon Cr ek , with public play will b op ning within th next y r nd our f s should b Hlgday d a t Ion, t with this f ct in mind. Aft r some di sc u sion , Commi s ion r conded by Commission r Boardman, to change the pres nt non- r ~Id nt d l_ly~ f s from $4.SO to $5.00 for 9 hole of play, nd from $7.00 to • I • • • En g l e wo od Park ~ and Recreation Commission Minu t e s of November 18, 1982 Pag e -3- $8.00 for 18 holes of play. The motion passed. • • - Conc e rning annual fees, King made the suggestion that renewals be made only through 1983 and thereafter eliminated, and that no new memberships be authorized. Commissioner Bradshaw felt that rather than eliminating these memberships, the fees should be raised so as to eliminate the membership by choice instead of by an ordinance. Fol lowing a lengthy discussion, Commissioner Gomes made a motion, seconded by Commissioner Bradshaw, that the non-resident~ weekday only membership fees be changed from $175.00 to $225.00 for s ingl e membership, and from $350.00 to $400.00 for family me mber s hip; and th e ~I L-2!!:t. play membership fees be changed from $250.00 to $350.00 for single me mbership, and from $400.00 to $600.00 for family membership . The motion passed. Commissioner Bradshaw made a motion, seconded by Commissioner Higday, that weekday o nly annual membership fees for a senior resident be increased from $125.00 to $150 .00 a s proposed in the memo. The motion passed with two opposing votes from Commissioners Boardman and Poole. In view of the large increase in non-resident and family annual fees, Commissioner Bradshaw made a motion, seconded by Commissioner Boardman, to strike the sentence, "Suggest this type of membership be renewed only through 1983 and eliminated thereafter." fr om the proposal . The motion passed with one opposing vote from Commissioner Higday . So me d isc ussion ensued as to an increase of fees for cart rentals. King explained that total o r iginal c o s t of 50 new carts wa s around $135,000. The budgeted cart r e venue for t h is yea r wa s se t t $60,000, and actual cart revenue for this year to date i s S90 ,000, whic h comes very c l ose to paying th orig i nal c art e xpense s. Jerry King s tated tha t h is or i ginal r e commendation to City Manager and Director of Parks nd Recreation wa s $8 .00 for 9 holes and $13 .00 for 18 hole Commissioner Boardman m de a motion , ~econd d by Commi s ioner Gome s , to accept the cart fees as origin lly proposed by J rry King, whic h i nc r e ased th cart fees from $7.00 to $8 .00 for 9 hole s , nd from $12.00 to $1).00 f o r 18 hol s . Con rning lock r f s , after o d lscu ion, C lss loner Gome s !Mid • motion, • , I • • • • - Eng l ewood Pa r ks a nd Rec r e ati o n Commission Minutes of No vember 18 , 1982 Page -4- seconded by Commissione r Boardman, to accept the locker fees as proposed in the memo. The motion passed. Aft e r much d isc ussion, concerning tournament fees, Commissioner Bradshaw made a mo tion, second ed by Commissioner Gomes, to increase the non-resident weekend to urnam ent f e e to $22.50 per person, and $17 .25 per person for Englewood based clubs. For weekday tourna me nt s , Commi ss ioner Gomes made a motion, seconded by Commissioner Boardman, that the f ee be c hanged to $16.50. Both motions passed . Breakdown f o r e ach tournament fe e schedule is as fol low s: Non-resident Weekend Tournament Fee : Green fee ! cart fee Prizes Preferred time $ 8 .00 6.50 4 .00 4.00 $22.50 Resident Weekend Tournament Fee: Green fe e i cart fee Prize s $ 6 .75 6 .50 4.00 $17.25 We ekday Tournament Fee (resident & non-resident) Green fee 1 c art f e e Pr izes $ 8 .00 6.50 2.00 S"i'b.'so Co issioner Bradshaw requested and mad e a motion that, in the e vent of inquiries rom th golfing pub I le, a chedu l e of the golf tournaments for the s ummer be ma de availabl to Councilm n and Commission mem bers and th schedule to be made available no lat r than Jun of 1983. Commissioner Gomes second ed th e motion. The mo t i o n pa ssed . Cone rning ~~.Commissioner Bo rdman mad a motion, s cond d by Commissioner Br dsh w, to ace pt th proposal as su bmit t ed i n t he m mo, wh ich sta t es, "An a d ditiona l of $20.00 pr p rson pr s on wi 11 b ch rg d for I ag u s who re quir pr ferr d t 1 during th s ason. This f e Is for both r sld nt and non-r sld nt w day tourn nt." Th tlon pass d. • I • • ....... ( tnglawood Park~ and Recrcalion Commi s~ion Minut es of Nove n ber 18, 1982 Page -5- • • - Concerning special junior annual fees, Director Romans explained that his program's sched ul e o f fees wi 11 be available for youth under 18 yr. of age and who have completed a class in basic golf fundamentals, regulations, and etiquette as offered through the Recreation Department. The class size will be 8-10 students, and, as explained in the memo, the special f ees will be in effect in June, July and August weekdays only from 10:30 a.m . to 2:3D p.m. Dir ector Roman s also presented some thoughts concerning the junior golf program which were expressed by Councilman Weist to Assistant City Manager Vargas. Th ese thoughts related to extending the months of play for juniors, extending the time du r ing the day for juniors, offering intermediate and advanced classes for juniors, a reduced fee for the driving range, a possible junior golf club with established handicaps and tournaments through the summer. Golf Pro King explained that he chose those particular months and time of the day due to the fact that seni or players cannot tolerate the heat as well a s the younger players and the pressure from full paying customers is l ess at these hours . King also mentioned there is a good possibility that at some time in the future, the special junior group may form and operate their own golf club with handicap services, etc. After some discussion, Commissioner Boardman made a motion, seconded by Commissioner Howard that the special junior fees be accepted as propos d in the memo. The motion passed. The Commis sion expressed a de sire to see in termediate and advanced golf lessons offered in the future after the juniors finish with the beginners classes . Commissioner Higd y departed the meeting at 7:45 p.m. Commission r Bradshaw inquired about the possibility of the Leadership Club at Englewood High School touring the golf course next Spring for the purpos of promoting he new golf cours , observ th facilities and le rn bout the junior golf progr m. Commissioner Br dshaw recommended that Youth Recreation Council member Radema cher and Dir c tor Roman wor tog th r to set up detal ls and an appropriate time for this to ta e plac . Mr. Ro n repll d that he would b pl ased to arrang an Inform tlv tour of th c lubhou e and gol cour • • I • • Eng l ewood Park, and Rccrca Lion Conrn is,ion Minutes of Nov em ber 18, 1982 Page -6- • • • Assistant Director Foe reported on the City Halloween party and estimated that " l ,200 kids and adults attended. He stated that Carolyn Tracy, Recreation Sup ervis or, with the help of many staff members and the Pol ice and Fire Departments, in one week's time , coordinated the entire program. Entertainment included three clown magic acts and a dog act. Refreshments were donated by many Englewood and non-Englewood businesse s. The Commi ss ion agreed it was appropriate to send a letter of appreciation to Carolyn for all her hard work. Chairman Poole stated he would see that a letter was sent to Carolyn. Assistant Director Kuhn reported to the Commi ssion on the problem of tennis court I ights being turned on when not in use. He reported that he had talked to several cities and recreation districts in the area and found out that most have tried coin meters in the past but found that vandal ism to the meters was more expensive than the money received. Th e y reported that now a master switch is used to turn all I ights on at all courts at dusk and turn them off at ll:00 p .m. The master switch is turned off early in the Fall for the winter season. It was the opinion of the Commission that this would be a possible waste of energy. The s ugge stion was made that, on a trial basis, our present timer be changed to stay on for a shorter time instead of one hour as is presently done. A sugges t ion was also made to check on costs of having an off switch i nstalled, and Hr . Kuhn stated he would check on costs and arrange for a; hr. instead o f I hr . s tay-on e very time the button is pushed. He reported that all tennis court I ig ht s hav been turned off s ince Nov ember l, 1982, except Sinclair, and that will be turn doff i n the n xt few day s . Assis tant Director Fo reported that Haxw II Studio submitted the lowest bid on taking pict u r ~ o f th past ch irp rsons of th Engl wood R er atlon Commission. P st ch Ir- pr ons Allen, Bl sslng and Poole w r asked to call Maxwell Studios for an appointment. Dir t o r Rom n r port d th t City rev nus hav dropp d ov r th t two month nd c a u Ing cone rn over met Ing budg ted rev nu City Hanag r HcCown has s d 11 p rt n t t o ho ld up all Capital Outlay It III for 1982 . H also froz all job • I • n ( . E,,g lu.wuutl P.:irk ~ .:inti Rc1.rc.:iliun Commi~~iun Minu tes of Nov ember 18, 1982 Page -7- vacancies until further notice . • • • Corrmissioner Howard made a motion that all future Commission meetings be held at the Englewood Municipal Golf Course clubhouse. It was noted that the cost of sandwiches at the clubhouse was cheaper than buying them from the Deli Bar . The motion was seconded and passed. Corrmissioner Brad shaw requested that the Re creation staff investigate the possibil- ities that recreation programs and programs offered through the school system are being duplicated. Sh e also suggested that a fund could possibly be set up for the purpose of using overages in softball league fees for upgrading the 1 ights at Belleview Park. These ideas were tabled for further discussion at the next meeting. Commissioner Boardman inquired about the feasibility of 1 ights being installed on the driving range at the golf course. After some discussion, the Corrmission decided that it would be more feasible to consider this improvement after the City finds what play and use the range has over a longer period of time . As they have done in the past, the Commission decided that there will be no Commis sion meeting in December unless Chairman Poole decides that some important item will need to be conside red before the January meeting. Th e meeting was adjourned at 8:35 p .m . Linda Wi lk s, Recording Secretary • I • • ( I. CALL TO ORDER. • • - URBAN RENEWAL AUTHORITY December 1, 1982 5 G The regular meeting of the Urban Renewal Authority wa s called to order by Chairman Powell at 5:30 P. M. Members present: Powell, Cole, Dickinson, McClung, Minnick Hinson, Acting Executive Director Members absent: Voth, Fitzpatrick Also present: Acting Director of Community Development D. A. Romans Assistant City Manager Peter Vargas EDDA Board Member John Maxwell (entered during course of meet i ng.) II. APPROVAL OF MINUTES. Chairman Powell stated that the Minute s of November 3, 1982, were to be considered for approval. Minnick moved: McClung seconded: The motion carried. The Minutes of the meet i ng of November 3 , 1982, be approved a s written. III. BILLS AND COMMUNICATIONS. Mr. Hinson presented a billing from th Trigg Apprais 1 Company in the amount of $2,100 to comp n ate for their servic sin appraisal of 3601 South Logan Stre t and 3787 South Clark on Street. Mr. Hinson discuss d the billing from Trigg and ome of th problem th t had been experi nc d by that firm in ppr ising 3601 South Logan Str t, resulting in a high r total billing than fir t anticip t d. Mr. H viland,Ex cutiv Dir ctor of th EDDA, nt rd th meeting. Mr. Hinson tat Director of Engin and Mr. Died Mr. McClung qu fonution w th appr rvic and billing h v b n r vi w d by ; th ppraiaal ar ace ptabl , to Trigg Apprai al Company. ntr ct. Hr. Hin son Appraisal Company not d that th City/Ur b n Rn wal comp! t d by a iv n d t , ov rti whi ch is indicat d appraisal company, but rath r which n c • itated • ny r - l. H n t d that County in- • I • • • • -2- Mr. Voth entered the meeting at 5:45 P. M. and took his place with the members of the Authority. Memb ers of the Authority expressed concern that this might occur throughout on appraisals. Mr . Hinson stated that he did not feel that would occur in the future. H further stated that it will be the responsibility of the City from now on to give the appraiser the legal descriptions. Mr. Dickin son sugges ted that a letter of "reprimand" be sent to Arapahoe County regarding the unavailability of record s. He then asked why the City could not have this data available . Mr. Dickinson stated that he would be opposed to payment of the $250 described a s "overtime" on the billing from Trigg Appraisal Company. Further discus sion ensued. Mrs . Cole asked if there wa s a significant difference in the recalculations that had to be done? Mr. Hinson stated that th cliff rence was significant. Mr. Minnick asked what affect this had on adjacent property? Mr. Hinson stated that the adjacent property is roadwa. Mr. Hinson tated that as a matter of information, an offer to purcha 3601 South Logan Street has been made based on the appraisal rend red by Trigg. This offer of purchase has been rejected by the property owner, and ch y hav lected their own appraiser, which will be billed to th Urban Ren wal Authority. Discussion ensu d. Mr. Vargas discussed the decision to cquir 3 01 South Log an Street, and the reaffirmation of that determination to purcha e th prop rty to solve the engineering and drainag probl ms in th improvem nt of Littl Dry Creek. He stated that it had been th thin ing of th City Council that the property would b acquired sine lat S p t mb r. 11r. McClung expre sed his concern on th l'rb n Renewal Authority paying for privately engaged appraisers. Mr. Hinson cated that this is Colorado Law, nd th Urban Renewal Authority mu t abld by that law. Mr. Voth agreed that this ls in the State Statut • 11r. HcClung stated that th Denver Urban Renewal Authority did not pay for ppraiser engag d by th prop rty wner . Discussion ensued. Mr. Var a scat d th t wh il th Urban Ren w 1 Authority may not design t ppr i r to be chosen by the privat property owner , he felt that th Authority could s tabli sh cost param ters that the property owner and pprai r could work within. Mr . Col a ked if th information r arch d by th Trig Appr i al Comp ny would b m de avail bl to th prop rty own r nd hi pprai er? Hr. Varga stat d th th f le this inform tlon would b availabl . mor paid on D c inson mov d: Minnick ond d: Th AYFS: AYS: ABS T: th not Col , Dlckin on, on Fitzpatrick c 'lun , Minnick, Pow 11, Voth • not C mpany tor draft to "ov rtim ", but 1 ur a cit d. I • • • - -3- The motion carried. B. Tri-Party Agreement. Mr. Hinson made reference to a letter he had written to Mr. Haviland requesting clarification on the Tri-Party Agreement approved by the EDDA, and Mr. Haviland's response to that letter. Mr. Hinson stated that in light of the response from Mr. Haviland, he would recommend that the Tri-Party Agreement, setting forth the three areas of responsibility to be undertaken by the EDDA, be forwarded to City Council for their review. Mrs. Cole inquired of Mr. Haviland why the EDDA decided to drop so many of the responsibilities? Mr. Haviland stated that he did not feel the EDDA did "drop responsibilit ies "; he stated that the original draft of the Tri-Party Agreement did not include the responsibilities which the EDDA eliminated from the draft approved by the Urban Renewal Authority. Mr. Haviland cited some of the changes the DOA had made, and the reasoning behind those changes. He noted that in the present draft of the Agreement, responsibility for implementation of the Plan is given to the Urban Renewal Authority; he feels that it is inappropriate for the EDDA to become involved in the "planning process" on South Broadway. He stated that the City has also recently hired a full-time public relations person, which he feels eliminates the need for extensive public relations efforts from EDDA. He noted that the EDDA is in- volved in a limited PR effort in the downtown area. He was also working on a "brochure until recently when [he] got cancelled." Hr. Haviland stated that he felt it would be inappropriate for the EDDA to attempt to assume the marketing responsibilities from Brady Enterprises; and as far as post- development 111Snag ment of the project, this has not been determined. Hr. Haviland stated that EDDA ha vat d three times on the Tri-Party Agreement, and th thr e respon ibilities cit d ar what has been approved each time. Hr. Haviland st t d th t th EDDA do support th Urban Renewal Authority and implementation of th Plan. Discus ion nsued. Mr. Dickin on agr d that th re ha b n a lot of confusion on th Tri-Party Agreement. H stat d th t if the Urban Rn wal Authority and City do hav th full au art of th EDDA in th impl iaentation of th Plan, h f 1 that it can work . Mr. Minni ck ask d Haviland sta ted that EDDA ha not. guidelines on South Bro dway h inappropri t stat d that h Varga atat d d sign guid Hr. role. aoae input on It waa th con Council or th th t th Tri-Party Agr nt b re err d to th Ci ty r vi w prior to inal adop ion by th Urban l n wal Authority. c. p k ti orr pond nc from Hr. Haviland r garding inforaation ard ab r J hn Haxw 11 w a cit d by Kr. Hin on. ur that copi a of orr ap nd nc such aa H viland w r includ din th pack ta. H • I • • • • • -4- s tated that he felt the i nclusion of this information is a waste of time and mone y. IV. REPORT OF THE SECRETARY. A. Proposal from Brady Enterpr ises. Mr. Hinson stated that a presen tation by Brady Enterprises on their redevelop- ment proposal has been scheduled in the City Council Chambers on December 9th, at 5:00 P.M. B. Up-date on Property Acquisition. Mr. Hinson stated that the closing on the purchase of th e Blood property, 3767 South Clarkson, was held earlier on this date. Mr. Hi nson reported that he had secured an insurance policy which limits the liabil i ty of the Urban Renewal Authority if the tenant currently occupying this si te con- tinues to rent the property. There is a $500,000 limit on the policy, which would cost approximately $200 to $250 per year. Mr. Hinson reviewed a memorandum regarding 3767 South Clarkson Street. The tenant currently pays $420 per month, plus all util i ties . The tenant ha s resided on this property for over six months, and wishes to remain in the residence until the end of January, 1983. This would make the tenant eligible for the full $2,500 relocation payments due owners/occupants of residential units. Mr. Hinson stated that there is a 90-day notification period, whi ch would be given to the tenant on December 2, 1982; this would mean that the tenant would not have to relocate until Mar ch 1, 1983, and Director of Engineering Services Diede has s tated that the tenant could remain until Apri l , 1983 before relocation would be necessitated by construction along Little Dry Cr eek. Mr. Hinson reviewed a proposed course of a ction to b followed in relation to th property at 37 7 Sou th Clarkson Street. A standardized rental contract would b e xecuted with the tenant, requir ing continued payment of $420/month plu 11 utilities until tenant vacat s the premises. The tenant does want a letter from the Urban Renewal Authority indicating his eligibility for the $2,500 in r location ben fits. Discussion followed. Mr. Minnick a ked if there were deposit made to the previous own r that the tenant could expect to b return d? Mr. Hin on stated that ther is a $300 damag ed posit on th prop rty. Mr. Voth que tioned that the Authority would be liabl if the tenant mov d before requir d to do so by the Authority. Discussion ensued. Mr. Vargas stated that the Urban Renewal Authority is responsible for implementation of the Plan, and to implement the plan, property must b cquired. Thes prop rty owners, resid nts or busin ssmen, ar entitled to relocation b n fit Fur her discussion ensu d. Mr. Novicky pointed out that th availability of th r location b nefit may b a factor in th tenant bing willing tor - locat earlier th n r quired. prop rty what proc dure would b pr sent tenant th premises in J nuary, and noth rt nant rent th Authority; would r location b n fits b paid to th m also? that aw iver would hav to b sign d prlor to letting th t n nt if th pr in J nuary. Mr. • I • • I ... • • • • -5- Hinson noted that some elderly people may be required to relocate from the downtown area; he cautioned that relocation payments should be uniformly administered to all individuals affected by the project. Discussion ensued. Mr. Dickinson raise d the question of the possibility of requiring tenant vacation of rental properties before acquisition by the Authority. Several members of the Authority expressed concern and disagreement with Mr. Dickinson's philosophy. Mr. Hinson stated that he would check further on the matter of relocation payments with Mr. Benedetti. C. Amendment of Urban Renewal Plan. Mr. Hinson stated that the City Council did approve the amendment to the Urban Renewal Plan, which amendment set forth additional proper t ies which should be acquired in whole or in part for the i mplementation of the Plan. Mr. Hinson stated that if the Urban Renewal Authority wished to ratify the amendment at this time, they may; but it is not requ ired by State Statute. D. Tri-Party Agreement. Mr. Hinson stated that he felt this had been discussed thoroughly earlier i n the meeting, and he reiterated his recommendation that this agreement be forwarded to City Council for their consideration . E. Operating Agreement: City of Englewood/Urban Renewal Authority. Mr. Hinson stated that he has discussed this Agreement with Ms. Powers , and would like to ask that consideration be delayed until January, 1983, to allow further staff consideration. F. Monthly Redevelopment Status Report. Mr. Hinson asked if there were any questions on the Monthly R development Status Report? Mr. Minnick sugg sted that the paragraph pertaining to Tri- Party Agreement should be revised a jt relates to the duties and responsi- bilities of the EDDA. Hr. Haviland stated that the EDDA draft of the Tri- Party Agreement does not contain five fewer responsibilities than the draft pproved by the Urban R newal Authority, and that he feels this paragraph is "incorrect as it is written." Hr. Hinson disagreed with Mr. Haviland's opinion. Further discus sion en ued r garding the tenant at 3767 South Clarkson Street, and relocation payments. Hr. Hinson indicated that a letter would be sent to the tenant setting forth the ne d for proper documentation and approval by the Urban Renewal Authority befor any relocation payment would be given. Hr. Powell stated that h has b en informed that the EDDA has hired a con- sultant to review th ntir redev lopment proj ct. H asked Hr. Haviland to report on this. Mr. Haviland stat d that American City Corporation, a sub idiary of the • I • • • • - -6- Rouse Corporation, has been engaged by the EDDA to review the redevelop- ment project. Mr. Powell stated that he understood representatives of American City Corporation were to be in town s ometime this next week to talk to people; he stated that he and Mr. Mcclung will meet with these representatives on Wednesday, December 8th, at 3:00 P.M., and that other members of the Authority were welcome to sit in on the meeting. Mr. Haviland stated that he had given City Manager Mc Cown a l is t of the i n - dividuals who would be interviewed by the American City Corporation rep re- sentatives . Mr. Haviland stated that a report is due from thes c on s ultants prior to J anuary 1, 1983. Ms. Cole a sked i f this "report" is expected to reflect different i nfo rma - tion than the f ea sibil ity studies that wer e done wi thin the pas t year ' Discussion ensued. Mr. Haviland summarized a meeting that had been held earlier th is date, at which meeting Mr. Brady and Mr. Joyce, legal counsel, had expressed strong displeasure with the action of the EDDA in engaging the consulting firm. Mr. Hinson stated that the possible ramifications o f the EDDA action could be the loss of the one developer that has actually submitted a development proposal, and that a situation could be created that would not be conducive to the s ale of bonds. Mr. Hinson stated that it was also strongly emphasized at the meeting to which Mr. Haviland allud e d that this proj e c t has been in the work s for two years , y et the EDDA has e n- gaged a cons ultant who is to submit a "report" on the project determining feasibilit y etc. within 30 days. Discussion ensued. Mr. Vargas stated that i t s eems to be the feeling of m mbers of Brady Enterprises who were present at the above mentioned meeting that they are committed to the pro- ject, and that they can put financing and development together becaus e of their innovative ideas; there would be no valid return on the risk that would be taken with this new consultant. Mrs. Cole asked Mr. Hav iland fo r an explanati on of the EDDA a c tion; what reasons hav been cited to support ch i act i on ? Mr. Haviland s tated that this redev lopment is a "mixed-use " redevelopment; Brady Corporation ha s not done any "mixed-use" d velopmen t , and the Rouse Co r pora t i on ha s uc cess ful ly done approxi mately 4 5. Mr . Hav iland t a ted t hat th c ontrac t wi th Amer ican Cit y Co rpo rat ion is not s truc tur d t o draw ou t "negat ive a s pect s " o f th plan, but t o d t rm i ne po si t ive nd n e gat ive f e atures . Mr . Hav iland s tat d that memb rs of t h EDDA ha d hard s ome c r i t icism of the Pl an wer cone rn d that t h r ed e v lopment wa The EDDA m mb r feel Ci t y Corpo r a t ion co a fail if t h wi t hdr w; h and could do the job , advertising for red v opin i o n of t h effort d v lop rs. Hr . V rg s with Hr . Br dy that Ro u Hr. Ha viland tat d tha t Ent rpris m ting t hat th contract 1th H st t d that d t hat EDDA h did no t f ould ma ny within t h o . • a r e to d nt. a i b i l i t y tudy on- a l l th pr v ioua Hr. Cluna atat d I • - • • • • -7- that he felt the only thing it can do is to "cast doubt on what we have done." He did feel that we should extend the courtesy of listening to the American City Corporation representatives. Mrs. Cole stated that she would like to see the Plan come to fruition. Mr. Maxwell stated that he felt all members of the EDDA wanted to see the Plan go through also, but they want to do all they can to assure it will be a "complete" success. He emphasized that the intent is not to kill the project, or to slow it down. Mr. Dickinson stated that he felt the EDDA had ample time to review the work of Design Workshop, Inc., over the past several years. Mr. Maxwell stated that the EDDA felt they needed an "expert" opinion, and needed to know the feasibility of the total project now. Mr. Vargas suggested that possibly the review by the American City Corpora- tion could be redirected and utilized during the negotiation process. Further discussion ensued. V. REPORTS OF COMMITTEES. A. Negotiator Solicitation Committee. Mr. Dickinson reported on the activity of the Negotiator Solicitation Com- mittee, stating that six or seven candidates were interviewed, and after narrowing the candidates down to three, Mr. Scott McDowell is the candidate reco111111ended to be hired as the negotiator. The coDDittee felt that Mr. McDowell, who has previous experience with the City and acquiring property along Little Dry Creek, was the most appropriate candidate. Mr. Hinson stated that a resolution has been prepared for consid ration of the Urban Renewal Authority, which resolution tentatively designat s Mr. Scott McDowell as the negotiator pending approval of a contract for his services. Minnick moved: Dickinson second d: The Urban Renewal Authority approve Resolution #6, Series of 1982. AYES: Dickinson, McClung, Minnick, Pow 11, Voth, Cole NAYS: None ABSENT: Fitzpatrick The motion carried. VI. UNFINISHED BUSINESS. A. Appraiser Contract. Mr. Hinson stat d th t copi s of th apprais r contract was deliv rd to rs of th Urban~ n wal Authority on Monday, Nov aber 29th, for th ir ruaal. Mr. Hinson discus• d Exhibit A, which is attach d to th Contract, and which exhibit is a f sch dul for th appraisal of ach prop rty list d to b acquired • • I • • - • • • • -8- Mr. Powell excused himself from the meeting. Mr. Hinson discussed the range of fees on each property, and the reason for the range s which were cited. Mr. Hinson also discussed the concerns that have arisen with partial takings of land, and whether or not these partial takings will interfere with the land use and create damages to the property owner. Mr. Hinson emphasized the need to have Trigg Appraisal Company begin the appraisal of these properties, noting that construction on Litcle Dry Creek improvements have been scheduled to begin in April, 1983. Mr. Hinson stated that each property will be evaluated, and pay- ment approved according to the value and damages incurred on that property. Mr. Hinson stated that the staff is recommending approval of the proposed contract. Mr. McClung stated that he saw no problem in proceeding in this manner on the appraisals. Mr. Hinson stated that he has discussed with Gary Diede, Director of Engineer i ng Services, the need for the Ci ty to provide information needed to make the appraisals --such as legal descriptions, etc. --to the appraiser, and tha t Mr. Diede has assured him that the City can and will provide this informat i on. Discussion of court costs as set forth in the proposed contract ensued. Mr. Hinson stated that the staff feels the rates cited in the contract are rea s on- able, and pointed out that the Messrs. Trigg are approved as "expert" wit- nesses in matters of appraisal suits. Mr. Dickinson connnented that he felt with Mr. McDowell acting as the negotiator, this would lessen the possibili t y of court cases, also. Discussion ensued. Mr. Hinson stated that the appraisals performed within the context of the appraiser contract would be prepared in accordance with the standards that have to be followed; he noted that there must be differentiation shown be- tween land and cons truction improve ment s . He stated that the s taff would ask that a r esolution be approved to execute the co ntrac t with Trigg Ap- praisa l Com pany . Mi nnick mo v d : Cole second d: The Urban Re n wal Author ity accept t he AGREEMENT FOR ACQUIS I TION AP PRA ISALS contrac t wi th Trigg Ap pra isa l Company . AYES: HcClung , Minnick, Vo t h , Col , Dickins on NAYS : No n AB SENT: Fitzpatrick, Powe ll Th motion c r r i d. 8 . Urban R n wal Plan Amend n~. Mr. Hinson a t a t d t h t th ia wa dis u • d und r the Secre tary' R port a r ll r in t h m tin g. H 1 t a t d hat whil r tification of th amend - me n t approv d by t h Ci t y Council ia not requir d by law, it i e p rmi ssible . Mr . Va r ga s t at d t hat h f l t it wo ul d b appro priat o r th Author i ty to ackn l dg t he fa c t th at t h Plan has b n am nd d, and to ra tify t h City Council action . • I • • _n ......... • • - -9- Voth moved: Dickinson seconded: The Urban Renewal Authority ratify the amendment to the Urban Renewal Plan approved by City Council on November 5, 1982. AYES: Minnick, Voth, Cole, Dickinson, McClung NAYS: None ABSENT: Powell, Fitzpatrick The motion carried. VII. NEW BUSINESS . A. Authorization of Commitment to Title Insurance Company. Mr. Hinson discussed a memorandum from Mr. Kahm, Office Engineer, regard i ng Title Insurance policies for Little Dry Creek land acquis i tions . Mr. Kahm's memorandum sets forth the need for t i tle insurance on the properties to be acquired, and also rates used by Transamerica and Land Title Guaranty Company. It is noted that the rate which Land Title Guaranty Company has stated they will charge is appreciably less than that wh ich Transamerica would c harge. Discussion ensued. Dicki nson moved: Minnick seconded: The Urban Renewal Authority accept the recommendat ion to use Land Title Guaranty Company to provide t i tle in- surance policies on properties to b e acquired by the Urban Renewal Authori ty . AYES: McClung, Minnick, Voth, Cole, Dickinson NAYS: None ABSENT: Fi tzpatrick, Powell The motion c arried. B. Letter to EDDA -Relocation Expenses. Mr. Hinson stated that he has received a verbal request from Mr. Clete Gasson, chairman of the EDDA, that a letter be sent to him clarifying the position of the Urban Renewal Authority in regard to relocation ben fits payable to businessmen. Mr. Hinson stated that Mr. Gasson ha s expressed to him the fact that there is considerable confusion regarding th $10,000 limit established in th Urban Renewal Plan appendix dealing with reloca- tion benefits. Mr. Hinson st ted that he understood Mr. Casson is desirous of a lett r tating that $10,000 is the maximum amount, but that upon sp cific approval by the Urban Ren wal Authority, a larger amount may b paid. Mr. McClung stated that he felt it should be clearly stated in th letter that payments are baa don actual costs, and not on approximations. Dis- c us sion ensu d. Mr. Dickinson stat d that he felt Mr. Gasson's r quest should b in written form, not verbal; he further felt that legal counsel should be requ ated to draft the reply to Mr. Gasson. Mr. McClung diacua1ed a luncheon di1cu1 sion that he had with Mr. Gasson regarding relocation b n fit1. H 1tated that he had discussed with Mr • • I • - • • • - -10- Gasson the need to determine the exact cost of relocation, and the need for accurate documentation upon which to base payment. Mr. McClung stated that he felt Mr. Gasson understood this, but does need something written to refer to when he discusses this with other people who may question him. Mr. Dickinson expressed concern with the EDDA answering such questions . He suggested that persons wishing clarification on a point should be re- ferred to the Urban Renewal Authority, and that it should be made clear the meetings are open to the public. Further discussion ensued. Mrs. Cole stated that she did not have any objection to the staff writing a letter to Mr. Gasson so long as it does set forth what is in the Plan. Mr. Dickin son stated that his point is that if the EDDA wants an "opinion", this should be .rritten by legal counsel; he reiterated his belief that it should also be a written request from Mr. Gasson. Discussion followed. Mr. Haviland stated that he felt Mr. Gasson's question centers on what will be used to establish criteria for payment. Mr. Haviland suggested that possibly no limit should have been indicated in the Plan, but that payment be based on appraisal and documentation of the relocation costs. He further suggested that he felt it would be "rather fruitless to send a letter stating what is in the Plan", but noted that he is not the person doing it. Kr. Dickinson suggested that Xerox pages of the Relocation Benefit s could be included with the communication. Voth moved: Minnick seconded: The Urban Renewal Authority direct Acting Executive Director Hinson to .rrite a letter to Mr. Gasson out- lining the policies set forth in the Relocation Plan, and stressing the need for documentation of relocation expenses. AYES: Voth, Cole, McClung, Minnick NAYS: Dickinson ABSENT: Powell, Fitzpatrick The motion carri d. C. St~a=t==n~t -=o~f-=B~u~s~J~n=s~•:...:L~o~ca=t~i~o~n~. Mr. Hinson not d that th Byl ws , m nd din S ptember of 1982 , r quir that any member of the Urban Ren w Authority having a financial int r s t in any property or busin located within the redevelopment rea notify the Authority in .rriting to di clos th t interest. Mr. Hinson st ted that Mr. Bob Voth, own r of Sir Sp dy Printing C nt r t 55 West Girard Avenu , ha submit t ed uch a for the r cord of the Urban R newal Authority . Mr . Voth stated th t this would hav been don soon r, but h did not realize it pert ind to int rest in a bu in as i n addition to int r st in prop rty, which h dos not own. VIII. PUBLIC FORUM. H • McClun ask d Hr. Haxw 11 if h Hr. Haxw 11 ,tat d that h flt th would 11 to addr •• th Authority ? $10 ,000 r location b fits will b - • I • • ,• I. CALL TO ORDER. • • • URBAN RENEWAL AUTHORITY SPECIAL MEETING DECEMBER 22, 1982 5 C The Special Meeting of the Englewood Urban Renewal Authorit y was called to order at 5:30 P. M. by Chairman Robert Powell . Members present : Voth, Cole, Dickinson, McClun g, Minn ick, Powell Members absent : Also present : Powers, Executive Secretary Fitzpatrick Assistant City Manager Varga s Economic Development Planner Hi nson Mayor Pro-tem Beverly Bradshaw Ci ty Councilmembers Bilo, Hi g da y , Ne al, Weist Mr. Powell announced that the next regularly scheduled me et ing of the Urban Renewal Authority has been cancelled and re scheduled for January 19, 1983 . Ms. Powers stated that there were s e ve r al items under consideration that need further wor k before the y c an be brought to the Authority , and this i s the rea s on f or the change in meeting dates. Urban Renewal Au t h o rity Member and City Cou n cilman Tom Fi t zpatrick entered the me e ting. I I . CONSIDERAT IO N OF SEL EC T IO~ OF REDEVEL OPER . Mr. Powell stated that the Auth ority mem bers have con sidered the matter of t h e re developer p r eviou s l y i n con junction wi h the entire program . He noted that a r esolution has been pre- pared for the Authority to act upon if the members determin that Brady Enterprises should be selected as the prim red veloper . He stat d that if any member wants further i n formation on the program and Brady Enterprises, that Ms . Powers has volunt ere d to give a brief synopsis . Mr. Minnick stat d that he has no qualms in designating Brady Enterprises as th prime red v loper; h felt they had an im- pressiv record, and dog t th job do n e. However , he cautioned that the City must t k steps to prot ct itself, n oting that he flt this projec is som thing that the City is not re lly pr - par d for . Mr . Minnick d tha h fl the City servic s ne d to be b ef d up, nd that qualifi d personn 1 mu st b secur d to do th insp ctiona, and in th planning and zoning staff tom k sur of Cod conformance . H not d that if th plans ar not r vi w d prop rly, th City could b li bl . Mr . Minnick r it ra d his con e rn that th a aff do a mak a ur that 11 pl ns and work is in compliance with h Cod a . • I • • • • • • -2- Mr. Dickinson stated that one of his major concerns is an adequate level of police and fire protection. He asked if consideration has been given to increasing the level of these protective services during and after the construction? Ma yo r Pro-tern Bradshaw stated that this matter has been considered by th e City Council, and the staff is pursuing it. City Attorney DeWitt entered the meeting. Councilman Higday stated that the Fire Department has indicated they do not need anything extra at this point in time. Mr. Dickinson asked if anything was is the staff "just considering" it? that there is nothing written down, been negotiated at this time. written down on paper , o r Councilman Neal stat ed and in fact, nothing has Mr. Minnick stated that he would hope the negotiating team would be aware of matters such as strike clauses or other items that might hamper the time schedule of construction . Mr. Minnick stated that he understood some of the housing proposed by Mr. Brady would be funded by HUD, and discussed problems that might be experienced by using union labor . He urged that an "open shop" policy be included as a topic in the negotiations. Ms. Powers stated that no HUD money would be used in construction of the housing units ; Mr . Brady will be working with the State and City to get Mortgage Revenue Bonds floated. Mr . Neal stated that to get a government guarantee on City-supported mortgage revenue bonds, 201. of the housing unit s would have to be de signated for low and middle i ncome tenant s; he emphasized that it is not a question of government money be ing used in construction. Mr. Minnick expressed concern that a "housing project" not be allowed; he noted that the housing projects he has seen tend to deteriora e rapidly . Mr. Vargas stated that it was his understanding that the un its for low nd middl incom tenants would have to be dispersed ; they would not all b designated in any one building. Mrs . Col stated that she felt the location of the units migh be a factor in whether it is d signated for lower income tenants, but the unit could still be of qu lity construction. Mr. McClung asked bout the Design Review Committee. Ms. Powers stated th t the cone pt of Design Review Comnittee was in- cluded a a part of the Downtown Development District, and this zon dis rlc is still bing work don at the staff 1 vel. Mrs. n r McCown and Acting Community D v lopm n Dir c or rd th ing. r ificationa th re might b if Brady n rpril a, and ano h r d • ric it ion to con- I • • • • • • -3 - wants to participate in the redevelopment process? Ms . P ower s stated that if the developer is interested in land that is not under contract to the prime redeveloper, and if the construc tion is consistent with the Plan, there would be no problem . Mr . McClung asked if there was a time element on the proposed Resolution? Ms. Powers stated that the resolution directs th e members of the negotiating team to negotiate a contract with the redeveloper. Mr. Vargas stated that if a contract cannot be negotiated, the resolution would become null and void. Ms. Powers stated that it is hoped a contract can be negotiated by the end of January. Mr. Dickinson asked who would b e on the nego t iating t eam? Mayor Pro-tern Bradshaw stated that this negotiating team is a pp oin t e d by the City Council, and the members of that team will b e: P a ul Benedetti, legal counsel for the Urban Renewal Authorit y; Susan Powers, Department of Community Development ; City Manag er Mc Cown ; Robert Powell, Chairman of the Urban Renewal Authorit y , and Mr . Fred Kaufman, representing the EDDA . Ms . Bradshaw s tated that the appointments are contingent upon the re so lut i on und e r con - sideration by the Authorit y th is evenin g. Mr. Dickinson as k ed if the Urban Renewal Authorit y would have the opportunity to vote on any contract that is negotiate d with Brady Enterprises? Ms. Powers s tated that the Urban Renewal Authority will consider the contract, and wi ll be respon sible for signing the contract . Mr. Nov i cky referred to Section 2 of the proposed re s olut ion ; he asked i f this meant the Authority could ma k e chan g e s in the nego t iated contract i f they felt i t necessary? Ms . Powe r s st a t ed t hat the contract could be changed . Mr. McClung asked if the cont r act wou ld b e nego t iat e d and refe r red to the Autho r i t y i n o n e package, or could a n d would it be done in sections? Ms. Power s stated that she felt the contract could be negotiated in sections, but emphasized that negotiations have not begun at this point. Ms. Cole ask d if i was the intent that this contract by the meeting of January 19th? ?Is . Powers questioned deadline could be met, but stated that it is hoped the could be negotiated by the end of January. be negotiated ha this contract Mr. Dickinson questioned S ction 2 of the proposed resolution, wherein it is stated that th Authority directs "staff" to negotiate th contract. Ms. Powers stated that this should be changed to "negotiating te m". Mr. Pow 11 asked if th r w r further comm nts? Minnick mov d · McClung a cond d · Th Urban~ n wal Authority adopt R solution #7, Seri a of 1982. AYES : NAYS : Col , Fitzpatrick, McClung, Minnick, Pow 11, Voth Dickinson • I • • • - • • -4- The motion carried. The meeting adjourned at 5 :45 P . M. • I • • • • c· • • • - MINUTES ENGLEWOOD, COLORADO BOARD OF ADJUSTMENT AND APPEALS December 8, 1982 5 0 · The regular meeting of th Board of Adjustment and Appeals was called to order at 7:30 p.m. by Chairman Roger Gage. MEMBERS PRESENT: Kreiling, Hallagin, Gage, Brown, Dawson, Leonard, Seymour. MEMBERS ABSENT: None. ALSO PRESENT: Dorothy A. Romans, Advisor to the Board of Adjustment and Appeals. Tom Holland, Assistant City Attorney. Larry D. Yenglin, Planner I. Harold Stitt, Planner I. Sheryl Rousses, Recording Secretary * * * * * * * * * * BOARD MEMBER LEONARD MOVED TO APPROVE THE MINUTES OF THE NOVEMBER 10, 1982, REGULAR MEETING OF THE BOARD OF ADJUSTMENT AND APPEALS. Board Member Dawson seconded the motion. Upon call of th roll, 11 members pr sent voteJ in the affirmativ The Chairman ruled that the minutes stand APPROVED a written. BOARD MEMBER SEYMO VEMBER 17, 19 2, AN. Board M mb r Bro * * * * * * * * * * on d th motion. Upon a call for a voe , all Gae rul d that th ainut BO RD MF.MBE RALLAGl FOR CASE NUMBERS 19-2 Board M mb r ro Upon C call or rul d th t t • • • • * * * * • TH APP OV 2. th m tion. d tn th r APP OV • • • * • * * • * a.t inu iv a OF airaan I • • BOARD OF ADJUSTMENT AND APPEALS December 8, 1982 Page 2 CASE NO. 21-82 JACK T. FIRTH • • - 3280 South Sherman Street REQUEST: The applicant is requesting a variance to continue the operation of an automobile repair facility. This is a variance from the Comprehen- aive Zoning Ordinance, Section 22.4-6 b -Permitted Principal Uses. Chairman Gage stated that he had verification of posting and the legal advertiaing of this case had been given. Jack T. Firth, 3280 South Sher.an Street, Englewood, was sworn in. He stated that he has operated an auto repair facility at 3280 South Sherman for 12 years. The City gave hia a perait to build a building, but refused to allow him to operate a business in it. He was later given a variance to operate a car repair business in the building . He has to pay truces on the building, he need• the aoney to support himself, and he wants to continue with the Nonconforming Use for another year, at least. Mr. Seyaour asked if Mr. Firth was confining the business strictly to hi• property and not using neighboring parking areas. Mr. Firth said that he ia uaing only his property, except for leasing a neighbor's lot if neceaaary. Hr. Seymour asked about a trailer that was parked in the alley and Mr. Firth said it was not his trailer. Mr. Firth's son stated that it was his trailer and was only there while he went to lunch. Dorothy Romans urged that no repair work be done in the alley which, according to pictures taken on the property, is done from time to time. BOARD MEMBER SEYMOUR MOVED THAT JACK T. FIRTH, 3280 SOUTH SHERMAN STREET, BE GRANTED A VARIANCE TO CONTINUE THE OPERATION OF AN AUTOMOBILE REPAIR FACILITY FOR A PERIOD OF ONE YEAR. THIS IS A VARIANCE FROM THE COMPRE- HENSIVE ZONING ORDINANCE, SECTION 22.4-6 b -PERMITTED PRINCIPAL USES. Board Keaber Hallagin seconded the motion. Diacuaaion enaued. Hr . Seyaour repeated his concern about th parking. Mr . Yenglin subaitted photographs of cars parked off the property. IOIJU> MIHllEJl BR THAT TH!.U KAY BE VED THAN AN AMENDKENT BE ADDED TO TH MOTION, STATING PERFORMED OUTSID THE BUILDING IN THE ALLEY. Board Heaber Seyaour seconded th nt. Upon a roll call, all aeabera voted in favor of th aaendaent and Chairaan Gae d clared that th nd nt was APPROVED. The action aa nd d states: JACK T. FllTH, 3280 SC>Unf SHERKAN STRE CONTINU OPEJtATIO OF AN AUTOMOBIL YEIJt. TH KAY II WO P SHOULD II CIWff&D A VARI.AMC TO REPAIR FACILITY FOR A Pf!Jl10D OF OlJTSID TR IIUILDIJifC IN TR A.LL!Y. THIS IS A VAJtlANC \AJl=1,..,,,r..r1SIV Z I IU>DWIC , SECTION 22.4 b -P ITT PI • I • BOARD OF ADJUSTMENT AND APPEALS December 8, 1982 Page 3 • • • Upon call to vote on the motion as amended, all members voted in favor of granting the variance, and the Ch airman ruled that the variance was APPROVED. The Board Members gave their findings of fact as follows : Mr. Kreiling stated he voted yes because there have been no recorded obj e ctions from the neighbors . Mr. Hallagin stated that he voted yes because there so hardship on Mr. Firth and the variance has been granted so many tim s, and as long as they keep the cars in th garage when they're working on them ther will be no problems. Mr. Seymour voted yes because ther were no objections and, except for the one photograph, there was little activity there and Mr. Firth is keeping it tidy. Mr. Brown stated he voe dyes because Mr . Firth dos a service for the people in the area, two letters stated they would like to see the business continue, and no objections were made . Mrs. Dawson voted yes b caus it is a hardship as , no one came to object, and she is glad Mr. Firth can make o living in this way. She stated she approve s of the annual review, t wo letters from the neighbo r s were in agreement and h dos a ervice for th n ighborhood. Mr. Leonard stat d that h voted y beaus he b 11 ves Mr. Firth meets Firth only. a need for thi rant d achy nd n eds thi a var! nee, and it is for on y ar and for Jack restri tion no to work in he alley. Ther is r pair shop. It is a continuation of v ri nee 197 It is hardship b c us h 1 74 y rs old Mr. G voe dye nd &t t d that he concurs wtth th oth r Board H mbers nth ir findin s. C.ASE N 22-82 REQUEST: Th prlic cut fr m 25 f t to prop rty. This is <'tion 22.5-4 a (2) w d, tat d this fur • * • • • • • • * • 8 lrrig tion Supply, ln 2197 We t Colleg th width of curb to th ubj Cl Ordin nee nd ts -Driv way rification at po tin nd th l al n. Jae Grav s, 25 0 Z phyr, Lak - h d Po r o Attorn y for Hr. and • Avenu I • • • • - BOARD OF ADJUSTilE T AND APPEALS December 8, 1981 Page 4 Mrs. Koch and he is a partner in the business . Mr . Graves stated that they s t ar ted the business about three years ago. Part of the driveway was unusable because it was lined up with the building and semi-trucks could not use about 10 feet, leaving only about 15 feet of usable driveway, which makes it very difficult for large trucks to turn into the property. Board Member Seymour asked if the c urbs were that way when they bought the property. Mr. Graves stated that the y were. Mr. Kreiling asked if he was planning to pave the area from the gatepost to the curb return. Mr. Graves replied yes, a nd stated that they had chosen the particular leng th because that is where the cement has a joint. Mr. Gage asked that the Staff Report be made a part of the record. Mrs. Romans said that the Staff agreed that widening the curb cut would make for a more safe and efficient traffic flow. BOARD MEMBER KREILING MOVED THAT THE VARIANCE REQUESTED BY TURF IRRIGATION SUPPLY , INC., 2197 WEST COLLEGE AVENUE, BE GRANTED, PERMITTING AN INCREASE I THE WIDTH OF A CURB CUT FROM 25 FEET TO 40 FEET TO PROVIDE EASIER ACCESS TO THE SUBJECT PROPERTY. THIS IS A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE SECTION 22.5-4 a (2) -INGRESS AND EGRESS FROM PUBLIC STREETS -DRIVEWAYS. Board Member Halla in econded the motion. Upon a call for a vote, all members voted in the affirmat ive and the Chairman ruled th the variance was APPROVED. TI! Members gav th ir Findings of Fact as follow Mr. Kr ilin st t d th t the wner's cut b extend d at o th ga t post tiv ask d that th curb the curb. TI! r w r no obj ction from Public Works. l O Mr. - h and r . 8r tat d h it m t th d finint vot d ya for th on stat J th t sh n ral purpo ot th nd will b is hardship. TI! curb and nd it 1 very hard for trucks It wi ll b b tt r f or w r~ no obj ctions, it i rv to grant a varianc m re ons th oth th ~urb cu t will not w kn b b n fi i l to this driv rs of th trucks. • I • • ( ( ( • BOARD OF ADJUSTMENT AND APPEALS December 8, 1982 Page 5 • • • Mr. Leonard stated that the request generally meets the requirements for a variance. There is a hardship because the present driveway is not adequate for the property and is unsafe. There were two l etters from the neighbors and there was no opposition. Chairman Gage voted yes because they met the onditions for granting a variance. There definitely was a hardship and safety is involved. * * * * * * * * * * CASE NO. 23-2 Midas Car Cl inic , Jim Goar 7 0 South Broadway REQUEST: The applicant is requesting an increase in th height of a Ground Sign from 20 feet to 28 feet t o provide increased visibility from th Publi Right-of-Way for northbound traffic on South Broadway. This would b a variance trom th Co mprehensive Zoning Ordinance ction 22.7- 10 c 1 -Ground Sin Chairman Gage stated that he had verification of posting and the legal advertising of this cas had been given . James C. Goar, 4863 South Bannock and Gary Brandt, 8801 E. Briarwood Boulevard were sworn in. Mr. Goar, the owner of the business, stated that he had operated for Midas ror 13 years and bought adjoining property to his other business two year ago for a new facet for Midas--car repair • This is 4780 South Broadway. He stated that the general public i not aware that Midas is doin car repair and, therefore, the sign is vital for his business. The sign was recently put up and it is 20 fe t hi h, while th Mida s sign which has been to th north of this prop rty i 35 fe t hi h . Th 20 foot sign is th only sign that he ha to inform people o f th Car Clint . Mr. Go ar stat d that h Pl cin the in on th traffi would o by loc tion of the sl n. incr as th parkin lot. will inter re with parkin clo r to 6roadwav b cau stated that in his now. Mr. Go r tat d that to th busin s r no c,bj ction Hall 0 tor 1 ing th 1 n. would not work b cau at trying to chan e th econd piece of land to din the parkin lot it They cannot mov it w t,, Midas, it 1 critical n w s rvic nd that th r that t on • I • • • BOARD OF ADJUSTMENT AND APPEALS December 8, 1982 Page 6 • • - Mr. Goar stated that he had not paid attention to the forming of the Sign Code, thinking it would not affect him, but at the time the conversion of the sign took place, he found that he could not put the sign as high as he wanted it. Mr. Brandt said they put up the sign at 20 feet to show that it wou ld not be sufficient and that they could prove hardship. Mr. Seymour asked if the sign were higher or lower than the old sign and Mr. Goar said it was the same height and the old sign was 4' x 8' and the new sign is 8' x 10'. Mr. Seymour asked about the discrepancy between Mr. Goar and the Staff report of the number of signs . Harold Stitt stated that when he and Mr. Yenglin took photographs of the signage at the site on November 23, there were two ground signs (a sign advertising Midas Mufflers on the north property and the sign they were requesting the variance for), a sign advertising Midas Mufflers on the north side, a wa ll sign on the north base of the Midas Muffler building, and wall signs over the garage doors on the Midas Muffler shop and the Midas Car Clinic. The Sign Code states that if there is more than one business in a building or if a group of buildings are associated by ownership, no ground signs are permitted except joint identification signs. Therefore, the only ground signs permitted for those two operations are joint identification signs. The Sign Code wi ll all joint identification ground signs to be on sign no more than 100 square feet per face and 20 feet maximum hight. When enforcement begins in this area of the City, they wi ll r ceiv a notice saying the signs are nonconformin . If this variance is grant d, it wi ll make th sign mor nonconforming. Mr. Goar stated that the Sign Code , if it prev nts property owner from having two signs for tw o buildings or busin s s, is unfair and r stricts his right t o do bu in ss. He seated that his igns are in good tast nd expensiv Jo int id ntification is hard for him to accept. Mr. Holl nd aid th r al question is wh o r not ther is reason for th Board to rant av ri nee to incr hei ht of that sign to 28 f t. Board mb r L ona rd sked if th tw o ign could be chan ed t o on whi ch aid ''Mid a Muff l r nd Car Clinic". Mr. Goar stated that Midas would not permit it. lt had even be n difficult c o u the nam of Midas on th Car Cl ini c in, nd no h cannot change th wording on that ai n for 13 y ar Mr. Holl th t th traffic goin whi ch cannot asked if Mr. had th sin block d only old ign to put d wh y it wa n cessary tor is al Estat building blocks th outh to the north. p rl to put th ''Mid a". H &t t puttin up th a! n • on "Car th low Bo rd M mb the Mr. Gorr pli d th • I • • BOARD OF ADJUSTMENT AND APPEALS December 8, 1 982 Page 7 • • - had to go on the sibn. Mr. Goar rep lied thaL as a franchisee he must have the name "Midas" on th sign and pay a royalty t o Mida s or be in a conflict of interest because as a franchisee he can run no o ther business th at could be in conflict with a Midas Shop. This sign had t o be approved by Midas' corporate-level attorn vs. Bo ard Member Seymour a ked how far apart the buildings are. The Staff report shows about 96 feet b tween th buildings . Mr. Goar stated t hat the parking problem acute ri ht now and an 18 whe eler comes in for deliveries once a week and can bare ly get in now. If a sign were put in the parkin lot , at 1 at two par in spaceo wou ld be lost. Mr. Seymour aske d if the alley wao ace ible f r o~ the businesses; Mr . Goar replied that tis. Mr . Gu r furth r sL l d that in order to move the truck in, car have to b th parkin lot. Board Member Brown ask d if it w r pas ibl h &ign i n the park ng lot , and Mr. Goar repli d chat t could b h doubte, that he would do it. Mr. Brown asked when th sin wa r. Guar replied Oc tober 18. Board M mber K.reil ing as ed why "Mida "couldn't go on the bottom. Mr. Goar dou bt d that Midas ould permit that . Board Member Kreiling asked if it had mad a diff ren ce i n th business and Mr . Go ar replied that it had. He add d that 40% of hi busin ss in th c ar cl inic comes from out- side o En 1 wood . lt i s a growin business and h xpects this to be a tr nd wh ich Midas wil l tallow in th fut ure. o oth r speakers in favor of t h varian e were pr sent. Edwin McBrayer, 4201 South Huron, En lewo od , a ked to s peak in opposition to th v ri nee. H id ntifi d himself a Chairman of th Planning a nd Zonin Colllllliasion. H lated that th intenti on of th Sign Code is to r duce the elute r nd th,· n on Jun l such as Broadway and t o o ffer n equal opportunit, for l dv rtise . The 1974 Code " r ndfath red " in 811 \i existin 197 new bu in s s hav ha d to onform to th1; 197., Cod nonconfo rmin sign .o that r a on for th Cod is to Finally, with an w downtown are , • "' . . Goar alt r d • oar d I • • - • BOARD OF ADJUSTMENT AND APPEALS December 8, 1982 Page 8 • • • Mr. Stitt stated that the sign permit was taken out before the current Sign Code was adopted, so it was not nonconforming at the time. Board Member Seymour asked if there were any public hearings and information given to the businessmen asking their cooperation. Mr. McBrayer said that he spent 20 nights with different parts of the Public. He had five public hearings, all the businesses were invited by personal invitation to come to public hearings and the downtown people were all invited by personal invitation. All the newspapers, the CITIZEN, every means of attracting the Publ i c and the business people to come down and help formulate the Sign Code was used. Go rd on Sign Company was invited to a meeting and did attend. Freeman Sign attended. A special meeting was held for shopping centers and they helped fo rmu late the joint tenant portion of the Code. No other speakers in opposition were present. Mr. Goar asked to answer Mr. McBrayer. He stated he has been a resident of Englewood for fourteen years. He would not deface or downgrade the City in the way he runs his business or in signage. Mr. Goar stated that the sign is a very expensive sign, it may not conform to the new codes, but raising this sign 8 feet to a total height of 28 feet, when the other sign shown in the picture is 35 feet, and looks good, cannot be second rate, or cause a hardship on anyone or block anyone's view of the mountains. Mr. Goar does not remember being invited to any of the meetings for the Sign Code, although he saw notices in the paper. His shop in Lakewood had some sign problems, but the code in Lakewood was thrown out. There will be many businessmen who will question a joint tenant sign, especially Burt Chevrolet. Ir. Goar feels that something is wrong if he can't put up two signs on property containing two separate businesses which he owns and pays taxes on. BOARD MEMBER DAWSO MOVED THAT IN CASE O. 23-82, MIDAS CAR CLINIC, JIM GOAR, OWNER, 4780 SOUTH BROADWAY, A VARIANCE BE GRANTED PERMITTING AN INCREASE IN THE HEIGHT OF A GROUND SIGN FROM 20 FEET TO 28 FEET TO PROVIDE INCREASED VISIBILITY FROM THE PUBLlC RIGHT-OF-WAY FOR NORTHBOUND TRAFFIC ON SOUTH BROADWAY. THIS WOULD BE A VARIANCE FROM THE COMPREHENSIVE ZO ING ORDI ANCE SECTION 22.7-10 c 1 -GRO SIGNS. Board M mb r Kreilin Di cu ion ensu d. cond d the motion. Upon a vote, Board Memb r Lon rd voted and th oth r to deny th motion. Th Ch irman rul d that the v rianc ix mem, rs vot d ws~. Th memb r av th ir findin Mr. Kr ilin tat d h vot d no in a pow r atru gl with th The Ci ty aiat r frain fro takin of fact as olt applic nt nchi r and th in th matter • • ould b local involv d g nta. I • • ( • BOARD OF ADJUSTMENT AND APPEALS December 8, 1982 Page 9 • • • Mr. Hallagin voted no because there was little hardship . The Sign Code has received man y, many hour s of consideration with man y public meetings and the applicant did not attend any of the meetings, and to grant t he variance would weaken the Sign Code. Mr. Seymour stated that he voted no because in considering a var iance for the Sign Code, the Board has been asked to consider the following questions: 1. "There are special circumstances or conditions such as the existence of buildings, topography, vegetation, sign structures or other matters on adjacent lots or within the adjacen t public right-of-way, whi c h would substantially restric t the f fe ctiveness of the sign in que stion; provided, however, that such special circumstances or conditions must be peculiar to the particular business or enterprise to which th e applicant desires to draw attentio n, and do not apply generally to all businesses or enterprises." Mr. Goar didn't pass that. 2. "The variance, if authorized, wil l weaken neither the general purpose of this Ordinance nor the regulations prescribed for the Distric t in which the sign is located." He didn't pass that. 3. "The variance, if authorized, wi ll not al ter the essential character of the District in which the sign is located." He didn 't pass th tone. 4. "Th e variance, if authorized , will not substantially or permanently injure the appropriate use of adjacent conforming property." Mr. Goar did not pass that one. The applicant must pass all four to get a variance, therefore Mr. eymour vot d no . Mr. Brown voted no because Mr . Go r has not establish d a true hardship case. lf the Board grant this variance, it will waken the Sign Code. Mr. Brown fe ls th sign c n b• altered, nd this Board ia not comparin this sign with the on round it, but taking only this on sign into consider tion. Mr . Dawson stated the buildin on the corn r has b en th r for a long time nd th rear other signs up th block whos own rs could also ask for a varianc on similar grounds. Thi is a problem on Broadway, but we do have to dr w th line som wh re. Mr. Lon rd stat d th t ha la that everyon in En 1 w od has a ri ht to co b fore th Board for a hearin • It ia the duty of th Board to h ar all the cases re ardl as of the rul a that have be n laid down. Th t'• why h Board i• ~ tin . Mr. Goar ha, in Mr. L onard '• opinion , a hard- ahip b caua hi• ai n for th kinds of service, h offer, cannot b • en, and becaua of hi• franchi h ha to put up th sin. Th City av hia 0 I • • -• • • BOARD OF ADJU STMENT AND APPEALS December 8, 19 8 2 Page 10 the permit to put up th is sign knowing that it was nonconforming , and would be noncon fo r ming in the future. Mr. Leona rd stated that he felt Mr. Goa r should be permitted to raise the sign at least until the City gets to his section of the city and begins to require the signs t o con- fo rm to the Co de. Chairman Gage stated that he voted no because Mr. Goa r did not meet the four requirements necessary to be granted a varian ce on the Sign Code . Mr. Romans stated that Harold Stitt would be glad to work with Mr. Goa r to fi nd a solution to his problem . A fif teen minute recess was declared at 9:13 p.m. * * * * * * * * * * The meeting was called to order at 9:28 p .m. MEMBERS PRE SENT: MEMBERS ABSENT: ALSO PRESENT: CASE NO. 24 -82 Krei ling, Hallagin, Gage, Brown, Dawson, Leonard, Seymour. None. Dor o thy A. Roman s , Advisor t o the Board of Adjustmen t and Appals Tom Holland, Assistant City Att orney Larry D. Yen~l in, Planner I Harold Stitt, Plann r I Sheryl Rouss s , Recordin Seer tary • * * * * * * * * * SWEDISH CORO A COOPERATIV W t side of 3400 Bl ock of South Corona Stre t H l n M. Bru sh, Pr sid nt er: Sw dish W lln s Sy terns, Inc. 501 East H mpd n Av nu Engl wood REQCES1: Th of requir p C p r This i a (10) - complex. 22.5-5 nd th 1 al nd, 1025 Filmor , .w dish Corona Coop rativ , th Pr aid nt of w di h Mr. trick! nd sta t d that v on parkin At that ti propo t o c nl in nly 1 0 unit nd 1th • I • • ( ( • BOARD OF ADJUSTMENT AND APPEALS Denver 8, 1982 Page 11 • • • now been altered t o contain approximately 230 units. At that time, the Board granted a variance from the 1.5 parking spaces per unit and one for every five guest spaces to one parking space per unit. Because of the alteration of the project and because of their interest in making sure that they would provide adequate parking for the cars that will be generated by the project, in consultation with the City, they de- cided to ask that a different variance be granted, which will include more parking than they had promised when the original variance was granted. ln addition, when the original varianLe was granted, it was granted subject to a contingency that the Cooperative put in escrow land sufficient for the provision of parking spaces up to that required by the Ordinance. This land was to be kept for eight years. This project is a modern, moderate- incom, elderly housing project, greatly needed in this City. The U. S. Department of Health and Urban Affairs is the mortgage insuror on the project, and they will not accept the contingency demanded in 1979. lt is essential for the con tinuati on of the project, Hr. Strickland further stated, that they build enough parking spaces for the project, rather than trying to reserve land. They have worked with the Planning Office, talked with people wh o wi ll live in the unit and they have done their best to anticipate all possible needs for parking by the complex. Tite Cooperative is requesting a variance permitting 1.2 parking spaces per unit be granted. This is an addition of 63more spaces than would be required for just one parking space per unit. Hr. Strickland stated that h understands there is neighborhood concern that there will be on-street parkin . This is going to b an owner-occupied project; the average ge of th applicants is approximately 70 y ar • No on under 57 may buy th unit . They want to build a complex for moder t incom elderly peopl . Th En 1 wood Zoning Ordinanc doe not make sp cial r quir ments for eld rly hou in nver, for exampl , psrkin • a. I • • • .. • BOARD OF ADJUSTMENT AND APPEALS December 8, 1982 Page 12 She stated that people living in cooperatives are more stable and responsible as a group than renters o r condominium owners. The median age is 70, th e turnover is expected to be about 5% a year, so the population will age. Creating spaces are expensive and creating unnecessary spaces would jeopardize the entire project. Board Member Kreiling asked how many employees there would be. Mrs. Brush stated that many of the employees wil l be shared by Swedish and the Cooperative and, therefore, will not add to the parking problems because the employees are already parking in the vicinity. Mr. Kreiling asked if the project had been discussed with the neighbors. Mrs. Brush said they had discussed it with some of the neighbors. The neighbors across the street are anxious that the lot be cleared and woul d like to see the project completed, but the neighborhood representative wh o had planned to be at the meeting was ill and could not attend. The brochures promise only one space per unit. Mr. Kreiling asked where they would put their boats and campers. Mrs. Bru sh replied that most of the people could not afford boats and campers and if they did own them, the boats and campers would not be stored on the premises, but put into storage. Mr. Strickland again pointed out that the average age is 70 years. The Board of Directors agree that the boats and campers will be put in storage, and this could be made part of the contract if the Board requires it. Board Member Seymour asked how many units there will be. Mrs. Brush replied there would be 229 units and six guest rooms. The Coopera- tive has Options to Purchase for approximately half of the units and a waiting list of 73. Mr. Seymour asked if the plans were firm. Mrs. Brush replied that the architect' plan is what has been submitted to the Board. HUD could change it , but it will not ge t larger. Mr. Seymour asked for clarification on how many employees will b needed. Mr. Strickland replied about 6. There will be a cushion of over 60 parking spaces for guest parki~g. employee parking, and people wh o hav two cars. Mr. Brown asked about th age limiL , and Mrs. Bruh replied that on applicant was born in 1893 nd one w b born in 1933. Th median a e is betw en 70 and 71 years. It wil l b almost 2 y rs before thy are ready for occupancy, and therefor , th peopl who move in will be clos to 73 or 74 ye rs old. Mr. Brown stated ble to own ra. Hr. r ilin a k d if Bruh at t d that thy with on similar communi ty and only about Bro asked about th amenitie . Mrs. all of the usual ppliancea in th c rp t d. hav blinds nd thy wil l all h v 1th r o effici ncy apart nts will b includ d. Th a micro v i an option. Mr. Brown asked tat d that if apron own worth nd dollars, which is bout v r , thy would the pric of th & unite. About 70% of th applic nt w diah Ho pit l ch r a mplo a for par in . Mr•. r only loo ly aasociat d with Sw diah Hoapital . • I • • • BOARD OF ADJUSTMENT AND APPEALS December 8, 1982 Page 13 • • - They will share maintenance and security staf and hope to have health link.ages especially with emergency ca.e. The Coopera tive would not charge its employees for parking. There would b no charge for surface parking, only for the covered, underground parking William T. Driscoll, 3910 East Evans Av enue, Denver, was sworn in. He stated that he is a member of the Board of Corona Cooperative and is a member of the waiting list for persons planning eventually to become resid nts of the Coope rative . He lives in a condominium at the present time, has two cars and a trailer. The trail r is in rented storage. He would expect that when he goes into the Cooperative, his neighbors would also pu t trailers on storage grounds and h expects that he will have onl on ar at that time. The citizens will treat the facility with care. They will not b repairing cars or parkin throughout th neighborhood. Mr. Francis Brush, Box 55, Indian Hills, was sworn in. H explained the reason that the original 191 units w re changed to 229 was the Fire Department's reclassification of the building from a mid-rise building to a high-rise. The Cooperative decided then that economically it was better to be an eight floor building. The Cooperative will offer a common area, a dining facility and a doctor's examining room. Rina Puetz, 1100 E. Girard was sworn i n . Sh stated that she has lived across the street from the proposed complex for 41 years. She opposed this project in 1979 and she still oppose it. The building will be a high-rise instead of a mid-rise and will eliminate her mountain view, will cause noise, and will harm the television reception. The Coop rativ has increased the number of units, decreas d the parking and will decrees the water pressurt which is already a r t pro l min the neighborhood. She seated that th Simon Center is not l and Orchard Plac and • project t 8 if thi 18 Coop r tive. n i hborhood to ) I . n BOARD OF ADJUSTMENT AND APPEALS December 8, 1982 Page 14 • • - Ken Ordelheide, 3393 South Co rona was sworn in. He stated that he lives across the street from the proposed building. No one from Swedish Corona has ever talked to him about the Coo pe r at i ve. He p r e sented a petition signed by 156 people opposing the project . The pa rking problems i n t he neighborhood are already bad , and the ma i n tenance people f r om Swe dish Hospital are already parking on t he str e e t. He presented p i c tu r e s of Simon Center wi t h t he parking lot completely full , an d he said people park through out the block on the s t ree t . There is a hill wi t h a rise of 13.7 feet in 125 feet . Cars hav e trouble ge tt ing up the hill in the winter now , but the sun does melt the ice. If this building is placed where it is planned, it will shade the street and the ice will not melt. Mr. Ordelheide suggested building the Cooperative on Hampden. Dani Perry, 3384 South Corona was s wo r n in . She stated that the ambulances o through the neighborhood constan tly . It gets very icy and crowded. Craig Rehabilitation Center uses parking spaces on the street. She said the businesses across the alley from Simo n Center have difficulty in parking when Simon Center has special activities, and the businessmen sometim s get boxed in. She requested the Board insist on the usual number of parking spaces. Harry M. Fleenor, J r., 3383 South Corona, was sworn in. He stated that he had other points to add. R said that the main reason for the variance request after another variance request had been granted, is to fit into Swedish Corona's financial structures. The neighborhood wasn't happy about the old variance, but with it there was property set aside t o improve the situation if there were not enough parkin . His second point was that there is no obligation on the part of th residents of the Cooperative to hav only on vehicle. Orchard Plac and Simon Center should not b compared with this unit because they ar low-incom housing. Many peopl in Orchard Plac and Simon Center do not have cars b caus they cannot afford a c ar. II stat d it was hard for him to believe that someone who has 90 to 100 thousand dollars will hav only "l. 2 vehicles" for each one of th units. with Sw dish will add to th parking The problems, because the is turning into across from you?" th re was too Mr. Strickl nd aak d to reply to th of th comm nta w re oppoa d to th pc a. Th proj ct ia pl nn d for d v lop nt. Th proj ct would not to Sw dish nd th ntry. 'ow th r sked tn t the Sw di h going b ck to th old r quir d 1.5 parking oppo in ap k rs. H at t d that moat wh ol proj c t, not th numb r of parking a zon which p rmita this kind of contribut to th parkin probl ma in • I • • - r ( BOARD OF ADJUSTMENT AND APPEALS December 8, 1982 Page 15 • • - the neighborhood. There will be L~ L mes ch paring a ailable al Simon Cen ter and rchard Place. lf land is held in escrow, the project is endangered, or will not be for middle-income people. They are requesting a variance to make the project possible, not t o increase their profits. Board Member Kreilin asked who was financing th project. Mr. Strickland replied that the Department of Housing and Urban Dev lopment is the mortgage insurer. The contingency of reserved land is noc goin to be permitted b y them, although they want to encourage this kind of project . Mr. Kreiling ske<l how many units were reserved "irs. Brush replied ther were 116 Jptions to Purchase and 72 or 73 people have put do a $1,000 deposit to b put on the waiting list. Board Member Br own asked how many people could live in the apartments. Mrs. Brush replied thal the age requirement is 57 years of age. One spouse could be blightly younger, but one spous~ must be at least 57 yea rs of age. Children re not permitted to liv in the apa rtment s. The only time the children would b there would be as guests. Chairman Gage asked that the Staff report b made part of the Public Re cord. Dorothy Romans stated that the variance dated August 13, 1979, was for~ parking space pr unit, not one parkin spac<: per unit s tated ear lier in the meeting. She read th old var iance, ''A varian.:. from th r quir d 1\ off-s treet parking spaces per unit t o~ off-st reet parkin sp c per unit and from the required one guest bpace lor each five dw llin units Lo O spaces for each rive units tu serve s ch ff-street parkin for a 180 unit high ri& apartm nt". The park in would now b in re sed f rom th . 5 to the 1.268. BOARIJ MEMBtR SEYMOUR M VEU 1HA1 l C S t 24-8~. ~WEDlSH CORO~A CCX>PERA lVE, 1 65 SOUTH CLARKSO STREET, THAT THE APPLICANT BEG TED A REQUEST THAT l•, TIit PROPERTY 0 .' rill' WF T 'I Of. 0 'fHE 3400 Ill OCI< OF SOUTH CORO A STREET, A REDUCTION BE PERMlTTED l~ TH Ml lMUH NUMBER OF REQUIRED OFF-STREET PARK I C, SPACES FROM 1. 5 PACE PER U IT AND ll. 'E Gl'EST :;PACI:: Pl:.R FIVE I lS TO l.J SPACES PER t: IT FOR A 229 J.lVING l" IT ELDERLY C MPLEX . THIS lS A VARIANCE zo. l 1, URDI SECTlO 22. 5-5 a (10) - ML LMC IREHENT • rd l, r H 1 111 t1on. ., 11 In • nd Mrb. i b ion. Mr. t involv din I • • - BOARD OF ADJUSTMENT AND APPEALS December 8, 1982 Page 16 The motion then read: • • • IN CASE NO. 24-82, SWEDISH CORONA COOPERATIVE, FOR THE WEST SIDE OF THE 3400 BLOCK OF SOUTH CORONA STREET BE GRANTED A VARIANCE FROM THE MINIMUM NUMBER OF REQUIRED OFF-STREET PARKING SPACES FROM 1.5 SPACES PER UNIT AND ONE GUEST SPACE PER FIVE UNITS TO 1.3 SPACES PER UNIT. THIS VARIANCE WOULD BE CONTINGENT UPO THE UNIT REMAINING AN ELDERLY ORIENTED UNIT WITH PARKING REQUIREMENTS REVERTING TO THOSE REQUIRED BY CODE IF NOT MAINTAINED AS SUCH. THIS IS A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE SECTION 22.5-5 a (10) -PRIVATE OFF-STREET PABKING REQUIREMENTS. Upon a vote, 4 members voted to g rant the motion and three member s (Dawson, Kreiling and Leonard) voted to deny. Becau se five votes are required to grant a variance when 7 members are present, the variance was DE IED. The Board Members gave their findings of fact as follows. Mr. Kreiling stated that he voted no on the previous application and saw no reason to change his mind. Mr. Hallagin stated that he voted yes because he didn't see that the Cooperative would add to the existing parking problems in the street. Mr. Seymour said he voted yes because the evidence seems to show that 1.3 parking spaces are sufficient and the neighbors were concerned about the number of off-street parking spaces. The previous variance provided for 90 parking spaces for 180 units, wherea s, this variance would have p r ovided 298 for 229, so with a gain of 49 people they would have had a gain in spaces of 160. Mr. Brown voted yes. Although he wou ld like to s this be a greenbelt, that is not feasible. This vsriance wou ld have no ffect on the use of the adjacent property. All ctivities plann d would take place within the boundaries of this site. There is a need for this in Englewood and he stated that he hoped it could b worked out. Mrs. Dawson stated that sh voted no becau th stre ts are very bad. Titer is s need for this kind of project and the ar a will b dev loped, but ther must b a better way. Mr.Lon rd aid that h vot d no. built, but saw no hardship. thousand dollars, it H flt that h h d to honor pok ain t th proj ct. d y I b CIUS th d v lop r1 h V Th had a hard hip for parkin what thy had. • • • • • • • • • • Coop rativ 90 to 100 nd com up with aw 11- pac sand th pl nn d I • • - ( • 0 BOARD OF ADJUSTMENT AND APPEALS December 8, 1982 Page 17 • • • Dorothy Romans stated that the 'iayor's Christmas party would be a 6:00 p.m., Friday, December 10. The tree will be light d at 6:30, the Employe s' Chorus will sing, refr shments will be provided by th Library Boar d and City Employees, Santa Claus will com, and there wi ll then be car t oons. Chairman Gage announced that the 1983 appropriation for the Board of Adjustment and Appeal s will b $6,700 . Mrs. Romans s tated that the budget covers renumeration fo r th Board Members, Secretary's salary, the annual me ting, and printing costs. r. Ga stated that h would not b chairman n xt year and elections should be consid red when the make up of the new Board is announced. Mrs. Roman sked that any members who would like to serv again on the Board write letter to th Mayor. Th meeting was adjourned at 10:50 p.m. Sheryl Rousses, Rec o rding Secretary • I • • ·. • • • - LI QUOR LI CENS E AUTHORITY ~'JN UTES December 15, 1982 The meeting was call ed to order ac 7:30 p.m. by Donald S~yes a 5 MEMBERS PRESE NT. MEMBERS ABSEN T. Lloy d Bryan, Frdnc es Cosby, Ronald Lunders, Donald tye, Rondld Blancha rd Cosby moved, Bryan second ed a motion to approve the change in owners ip of Supreme Liquors from John F. Ha nn on and Lawrenc A. Higgin s o Supreme Liquors, Inc , Robert Stout, Pr esident AYES: NAYS : Bryan, Cosby, Lund ers, Styes None Chairman Styes declared the mot1011 DdSsed * * * Chainnan Styes opened a hearing to consi der the suspension or revo cation of a Retail Liquor Store License held by ILD, Inc. 3353 S. Santa Fe Englewood, Colorado, for selling malt liquor to an underaqe person 1n violation of 12-47-128 (1) {a) Colorado Revised Statutes . Assistant City Attorney Grimm presented a copy of d letter of not1t 1ca 1or of the hearing sent to Darlene Diehl, President, ILD, Inc . on Nave r 5, l 2. Sh ll ey . Bright, J345 S Santa fe, Engle ood, Colorad o, was he w1 ess . She test1 i ed t d s w s ar em Joy of EZ 1quors and sold a s1x-pac of beer to Bruce rderwood on Oc ober 29, 1982. na sh did no as Und e ood f or, n 1~ica ion to r1 yd Bruce Und rw ooo, 1721 Or ard On nderwood r e used o est, y under Donald Mele rtdn, 615 South Elat, Strt l, hird Wltn ss . ,cl nnan testified h h Englewood as a police of icer. f 1ssu d th c1 a ion to Un derw ood selling mal ltquor o an undera 1 h Autnor, y dJour11 d dt 8:35 p.m s corid w, tness . • I • • ~-- Liquor License Authority Dec embe r 15, 1982 page 2 - The Authority reconvened at 8:45 p.m. • • - Cr,sby moved, Lunde rs seconded a mo tion to suspend the Ret i a 1 Liquor Store Li cense of ILD, Inc . dba EZ Liquors, 3353 S. Santa Fe, Englewood, Colorado, for fourteen consecutive days beginn i ng at 12:01 a.m., December 22, 1982 and to stay the execution of the last seven days for six months provided there are no violations of the Colorado Liquor Code dur ing t he six month period beginn ing December 22, 1982. AYES: NAYS: Bryan, Cosby, Stye s, Lunders None Chairm an Styes declared the motion pass ed . * * * Cosby mo ved, Lunders seconded a mo t ion to approve the addition of wo directors to the corporate structure of Show Biz Pizza Place, Inc. 1101 W. Hampden, Englewood, Colorado . AYES: AYS: Bryan, Cosby, Lunders, Styes None Chairman Styes declared the motion passed. * * * Lund ers moved, Bryan seconded a motion to approv a request for remodeling for Paddy Boots, 5180 S. Broadway, Engl ewoo d, Colorado. AYES : NAYS : Bryan, Cosby, Lund ers, Styes None Chairman Styes declared th mo 10n passed. * • * Eric Joh nnisson e~plained Pro Je~t Brit and 1nv1t d thos inter sted o att nd a seminar at the Police/Fire Center at 10:00 a.rr.. December 18 and 19, 1982 . * • * d rs mov d, Cosby second d 1~tion to approv dn lxt nd d Hours Lien~ r u st for the Twin Dragon, 3021 S . Broadway, Engl wood, Colorado . AYES : A\'S : Bryan, Co by, Lun d rs, Sty on Cha1r1Mn Styes d cl red the tion pa sed . • • I • • ( ( • • • • * * * Co sby moved , Bryan seco nded a mo ion to approve licen se renewal s for Seven-Eleven, 460 1 South Broadway, Englewood Liqu ors, 3434 S. Broadwa y, Kin g Soopers, 5050 S. Federal , and Alb ertson 's, 5175 S. Broadwa y . AYES: NAYS: Bryan, Cosby, Lunders, Styes None Chainnan Styes declared the motion passed. * * The meeting adjourned at 8:55 p.m. EEJ/bjc * • I • • - • • • • LIQUOR LICENSE AUTHORITY MIN UTES Because there was no regular meeting the third week in November 1982 or the f irst week in January, 1983, the following renewals were approved by telephone: November 18, 1982-- Ali Baba 3370 S. Acoma Hotel/Restaurant expires 12/15/82 LiChee Gard e ns 4595 S. Santa Fe Drive Hotel/Restaura nt expires 12/9/82 The South 3535 S. Huron Hotel/Restaurant -extended hours expires 12/31/82 Thorobred Liquors SOSO S. Federal Blvd . Reta1l Liquor Store expires 12/31/82 V .F .• 3860 S. Jason Club expires· 12/31/82 January 5, 1983-- Fratelli's Pizza 1200 E. Hampden Hotel/Restaurant expires 2/8/83 Hampden West 3517 S. Elati Hotel/Restaurant expires 2/ 1/83 Le Rendevous Cafe 701 W. Hampden Hotel /Res tau rant 1/22/83 Shop N Go Market 2901 S. Broadway 3.2 Beer -Off Premises expires 1/27 /83 Wag's 701 W. Hampden 3.2 Beer -On Premises expires 2/16/83 • I • • ( PRESENT: ABSENT: OTHERS PRESENT · • • - BOARD OF CAREER SERVICE COMMISSIONERS DECEMBER 16, 1982 MINUTES S F Jo Ellen Turner, Catherine Pokraka, Janet Kerzic , Betty Ke ena, Donald We ber None Benjamin Craig, Career Service Board Attorn y Peter Vargas . Assistant City Manag r Will Carr, E.E.A. President Rick W lbourne, E.P.B.A. Pr es ident Randy Pickrel, E.F.F.A. President Michael Grunninger, Firefighter Chairman Weber called the meeting to order. Commissioner Kerzic to approve the Novemb er word ~ovember on page 3 to correctly read Co mmi ssion r Kena moved, seconded by 18, 1982 minutes with the correction of the December as requested by Commiss1on er Pokraka. AYES: NAYS: Turner, Pokraka, Kerzic, Kena, Weber None Item three on th agenda was the Association 's Choic . Will Carr, E.E.A. President and Rick W lbourne, E.P.B.A. President had nothing to present . Randy Pickrel, E.F.F.A. Pre ident requested a copy of the Board's packet of Administrative Procedures r ecolllllen- dations which had been forwarded to Council. Item four on the agenda was the City Manag r's Choice. P t er Vargas. Ass1stant City Manag r stated that City Council may wi sh to schedule a joint meeting with th e Board to discuss the Admini stra tive Procedures; and asked if th e Commissioners would b interested 1n such a meeting . Chairman Weber stated that the Board members would be interested and advised Hr. Vargas that th Board would be availabl at any time. Addi ionally, Hr . Var a stated that th Council is in r c ipt of letters from both th Police and Fir A1sociations indicating that the Council had not receiv d the Bord's r co ndationa on th Admin1strativ Procedur a until after the 10th of 0 c,mb r. Hr . Var a a t t d th t for clarification, th C uncil did rec iv the Board' pack ton D c mb r 2nd. Wdl riv • to d if it would b appropri t for association r presenta- C.S.Bo rd and Council and if it would b nn to &iv h uld tr nam1t th r co ndat1on a. Hr . Var aa s tated that 1nfora th aaaociationa f th ir respons on th a nda w • tb Co i,sion re' Choi Chair n W b r apolo iz d to att ndanc last Thureday night for th tin& which wa , not h ld . Chairman W b r 1tated that th Board wa a in r c ipt of a letter on D c mb r 7, 198 from th .• A.; th aubj ct b in th Car er Servic rd h arin ach dul d for , c mb r 9. n W her rad th lett r r queatin withdrawal of th A11ociation'1 p t1tion wh th r or not th Board haa th authority to iaau bar& inin ord r, I • • • • • - and asking the Board to drop the case. Chairman Weber stated that the Board acknowledged receipt of the letter and granted the wi thdr awal. Chairman Weber stated that future study sessions held by the Board will be posted to inform all interested parties who wish to attend and that everyone is welc ome. There was a brief discussion of the locations for posting such notices. Commissioner Keena opened a discussion regarding the content of the Bo ard 's Agenda. Co mmissioner Keena stated that the Board's agenda has not reflected matters of discussion which were known about prior to the preparation of the Agenda. Commissioner Keena explained that matters for the Board's consideration should be listed on the Agenda so that all interested parties may attend and proper preparation may be mad e. All agenda items should be submitted to the Recording Secretary by the second Friday of each month(one prior to the meeting). Further, emergency items which arise a fter that time may still be brought before the Board the night of the regularly schedu l e d meeting. Commissioner Pokraka mov e d that the Board should acknowledge the receipt of the letter from City Council in response to the articles in the Englewood Sentinel that was addressed to Randy Pickrel, E.F'.F.A. President and Rick Welbourne, E.P.B .A. President and that the letter be made a part of the minutes. Chairman Weber seconded the motion . AYES : Turner, Pokraka, Kerzic, Keena, Weber NAYS: None . Chairman Weber asked that the City Council's letter to the Career Service Board concerning the se tting of a hearing to determine if the Board has the power to issue bargaining orders, be included as part of the November 18, 1982 minutes. This was so moved and seconded and all Commissioners were in the affirmative. Commissioner Weber also stated that the Board was in receipt of letters from Randy Pickrel and Rick Welbourne in response to the City Council's letter and felt th ese should be mad part of the minutes as well. After discussion of why letters should be made part of the minutes, the Board members directed that the letters be included. Commis ioner Turner asked that the packet of the Career Service Board's recoomendations on the Administrative Procedures that is to be given to Randy Pickrel also have their cover l etter and the associations' recoomendations. Commissioner Pokraka asked Mr. Vargas to formally notify th e Board when the Administrative Proc dures go to Cou n cil for first reading. ** ** ** ** ** Th re bing no further business before the Board, Chairman Weber adj ourned the meeting at 8 :45 p.m. ~A-WJ- 0ona1d H. W ber, Chairaan I • • • December 10 , 1982 Mr. Randy Pi~krel, President Englewoo d Firefi ghters Association and Mr . Richard Welbourne, President Englewood Police Benefit Association • • • ~· This letter is in response to an ad placed by your asso ciations in Llie Dccembel· 8 is sue of the Englewood Sentinel concerning the proposed administ rative procedures as submitted by the staff in accordance with the City Char ter. This City Co uncil wanes both of you and the members of your respec tive associ aLio ns co know chat, to a person , we are highly outraged and insulted by this action. We fe el chat the placing of such an ad with its highly inflammatory l ang ua ge 1s very unethical on your part. Further, it caus es us to sincerely quc ,;Li0n yn ,11 '""' 1110LLV'-'" 1.n th '" maLL<.:r . This Co unci l has always been very supportive of the Police and Fire Departments of this City. We have tried, within the limitations of our ci ty budget, to provide you with the proper manpower and equipment to perform your duties. Your sal..ir ies and frin ge benefit levels have been kept at a rate commensurate with other departments in the metropolitan area. In addition we have always tried to cc,nduct ourl>clves in an hono rable fashion with you , allowing' you the opportunity to bt· heard on i""'"'" Lh,tL affect you. Appa r ently thaL feeling of respect is 'not mutual on your p.irL "" you seem to be stating rather plainly that you have no intention of workin i; wilt. s Ljf f and Co un cil on this matter but rather will revert to political pressure. In closing, we want you to know that the sentiments expressed in Lhis 11.!L Lc, ,He uun, ,md were not prompted by st aff. In fact, some of us wanted tc respond 1n a much more vehement or direct fashion than chis and were persuaded not to do :,O. l'l1:a"c be perfectly clear, however, that continued actions of this n ,ture on your pa re w·11 lead to actions on our part that will not be as favorabl e co you and your membersh1.p as in the past. W wou ld st rongly sugJest to you that if you wJn t to b e treat d with dignity and respect, that you treat others in the same wa y. -1~16 1 THOMAS R.FITZPATRICK ?llun i Mem~,; r . / .. f 4 K,' ~ E T B. ST -.oun d Mernbt:r ~~ BEVERLY J. BRADSHAW Ha or Pro T 111 r ., D . /tf?. /) JOHN D. EAL . ~ Member cc: Andy Mcco wn, C ty Mang r Jam Broman , Fir Chief Ro b rt Holm s, Pol.lee Chi f ...-Board of Carer Servic Colllli11ioner1 Carr, President, Englewood Employe 1,.. ociation .. • I • • ( • • • - Englewood Firefighters Association LOCAL 1736 • A.F.L · C.1.0 . Englewood, Co lo rado 8011 0 President Randall G, Pickrel Secretary Reynolds P, Finch Addrna same Address 555 West Jefferson Avenue Co ty Englewood, Col orado 80110 Mayor Eugene Otis & The Englewood City Council c/o May or Eugene Otis 4493 South Cherokee Street Englewood, Colorado 80110 Mayor Otis and City Council Members , City We appreciate your prompt response to the editorial ad of 12/8/82 in the Sentinel, We regret however, not to have received a response/ reply to our cover letter attached to the suggested revisions we submitted to you through the Career Service Boa rd on 12/2/82, These revisions reflect in print what you May or Otis, and Councilman Fitzpatrick heard on 11/16/82 at the publi c hearin before the Career Service Board, We regret also that the Council was insulted by our advertisement. Our intent was not to~. but rather to~ both the public and the Council of our intense inter st in the proposed procedures, B assur d w are cognizant of your cooperative efforts to maintain both th Polic and Fire D partmenta nd at the same time mana ea budget. Our concern at thi1 time is not directed at saleri s or benefits, but the fair and equitable treatment of city emplyees. As touchin our deair to cooperate with the staff and Council, I believe our motives r di1playad en the origional City Charter chan e nt throu h in March of 19 l. Aft r th valuable, cooper- ative, and combined effort, of th oard, Staff, and loyee a1sociation1J and upon appal froa th Board for 'What thay felt to baa much need d chan a, th As1ociation1 aar d to a11ume a neutral poatura throu bout th alaction, Council .. n Bilo acknowlad ad at a Cara r Strvlct Board ti that our neutral poaition playad a kty part in th pa11a1 of th Charter cha ••· • I • • t- ( • • • W,• il,•11y t h t• 11n·u,rnl I on or lun1lni,; thl l< Int o 11 "pul I l t eed l :1 ,<1 u ·." 111 ·"' anuch "" ordlnnncc" und lows ore involved, the v,•ry 1111111n • ,,1 th,• Issue ltsrlf l s political , ond therefore can one! :d1u11ld h,• 11dtln•,.t1 ,•d tln·ou~h the polJll c.Al proce ss . Ile ll NSUr<·d, wt • .11 ,· •111111 • upc•n lo h11vl111, n Mludy sess ion with the Co uncil lo lu11h,·1 ,·xpl11l11 u u r poslllon 1111d 11nswer 11ny 4uesllon s thot you IIIIIV h11Vt '• I ,·I 111,• "'Y Lh nt wt' 11re .s om<'wh11l supri sed 11l your willi11 i,;1w s" tu p11t l11tu prl11l wh 11l we perceive to be threats lo mt' ,i el<'c ti vely , '""' 111 0111 A,su,·l11tlu11 c-oll,•,·llvciy. W hope our perception ,-1irt• wr ou~. Al t ltt• l 1111,• or l his wrl ling, It h11 s come lo our ollenllon th .,l s ,·v,·111 1 l11t·l orM 11111y hnvc contributed lo the re s ponse on your purl l11 uur 11tl. Fl r1<t , we under s tood the Career Service BoArd wn s lo s uhml l I t s rt>co1rrnend11tions (including our s ) to Council by l !/l/t'.1 . W,• untler:<lund you did not r eceive them until 12/10/82? Al 1<0 w,• w,·rt• not 11w11re tlrnt the First o nd S cond RcAdings would """" I lkt.'l y h,• In .lnn uAry wlwn our od went Lo print. Thirdly, 01 ,r 11111 111 111,; ol Co unl'I I wn s due st ri ct ly Lo your sole authority to od ol't, 1t•l,•cl , ur rcvl ,w till' proposed ordinances. Lt was not our intent to 111111 li;n you nor 11ny member of the Cl ty Co uncil. Moyur lll Is , wt• ,·on s Id er thN<e propo:1ed procedures to be ex- l I t•11 1t• ly lmpo1 l nnl und will be v ery lod to work with the Ci ty 1:ou11 cil or do wholt•v er i s ne ce sary to revise them, Siner ly, ~, / • ? .., ' ' ..I{/'/· ";1.-,.,-~ . Randall C . Pickrel /' } / L< _f l..'1 cri Andy McGown , City H r. Pr ident Englewood Firefighttr As so. J11m lhomon , ~·tre Chi f Rob rt llolm 11 , Police Chi f Boord of Car er Servic COflllli aion rs Will t: rr , Pre idcnt , Engl wood Employees Assoc. • I • 'l'O: ENGLEWOOD CI'l'Y COUNCIL DATE: DECE MB ER,13,1982 SUBJF~ ·, LETTER DATED DECEMBER 10,1982 • • • Th is letter is in respon se to your letter dated December 10 ,1982, regard ing the ad placed in the December 8,1982 issue of the Englewood Sentinel by both the Englewood Police Benefit Association and the Englewood Firefighters Associa tion, concernin& the proposed administrative procedures. To begin with, I certainly question your knowledge of the meaning of ethical conduct. May I ask, what is unethical about a person or a group of persons voicing their opinions publicly about issues which directly affect their future employment and rights as employees of the City of Englewood? The Freedom of Speech is the fitst basic right of every citizen of the United S tes. How ethical is it then, for the entire City Council of the City of Englewood, to threaten an employee, employee association, or anyone for that matter, "With furtaer action on our part .", should we con tinue to exe rcicise this basic ri&ht? I interpret the City Manager's response to the ad as, that at first ha wanted to tenninate the employment of those respon s ible for the ad. I wonder if this was your intent in your statement,"In fact, some of us wanted to respond in a much more v ehement or direct fashion than this and were persuaded not to do so.". I muat aasure each and every one of you that I am in no way intimidated by your letter. I am however, very disappointed in what I consider great overreaction from both the City Council and the City Manager. I cannot argue with your statement that our salaries and frinae banefits are now coomensurate with other departments of the metropolitan area , however, thh has not always been tho coao , ond h tho result of lona and tedious collective bar&aining agreements , negotiated for by the Associations. We are well aware and very appreciative of Councils efforts to maintain both the Police and Fire Departments and at the same time manage a bud&et. Our ad did not concern salari sand b nefits , but voiced our cone ms with fair and equitable tr atment for city ploy u under tha propoa d adminiatrativ procedure. All Auociations have work d with City Coun U and City Staff, both ou tha Charter nd nt and on th propos d dministrativ proc dures. In r &ards to th dmini trativ proc dur have ban iven anawer, of yba, could be , and poaaibly, by Staff repres ntatives, in respo • to many of our qu etions and concerna. We ha ho b en told that City Council will conaider our rec0111111en.dation,, • • 0 I • • • • • but does not neceHarlly ban to -lte any change, in them. We realize that this is a City Council 6eci1ion. Our ad was not inte1lded to inault City Council, but only to inform the citizens of Englewood of our gT&ft cODCem and intere1t in these proposed procedures. 'Mle reason City Council n1 eTeD mentioned•• that it ii Councils' sole responsibility to anmend or enact propo1ed ordlDAKHo It •• our understanding that Council was to have received OUT nc--S.tlOIII oo ~I' 2 ,1982. I now understand that you did not receive tha until o.o.-ar 10,1912. It has been IUIIHtecl to • by any ....... , of .,. a11ociatlon, that perhaps the reason City Council haa nactad tha wy it baa to our ad, ii that, Council does not wish the citiseu of ID&lawood to lmow our dde end concern, about the proposed procedures. We all daeenly hope thet this h not the trJe reason. In closina,I would ..__, Mr wt.ab to work wt.th Council, Staff, and all factions tn the City, on thil •ttal' and aay of:bal' 11111~ MJ' affect u,. When feelings are hurt and emotiona l'Ull hf.ah, claar thlaltf.na i• difficult and little can be accomplished . cc1 Andy McCo-,,r, ,C i ty Manager Ooard of Ca r rer Service Co!Mllss loners R. Holmes , Pol I ce Ch i ef J ame s Bromen , Fi re Ch i ef Sincerely, /we/~1v:~~t1t-{_ Ucbard w. Welbourne Pre1ldent P..P ,B.A. Randy Pickrel, Pres i de nt , Eng l elllOOd Flrfl9htors Association WI II Carr, Preside nt , Engl ewoo d £MJ)loy .. , Association • I • • ll ' ~ ! f. ·k ,,,.·-----.1 •d in I ·o IS d .1 "''-----~J~ I~ e l J u " J k' -----i I " I II I ------~ .... ~•,.l(;,tr 't ~ •' •·1 , n n p I ,. ~ I• 0 "' ... NOTICE: ENGLEWOOD CITIZEN S This December , the Engle wo od City Council will nltempt to d1m m1sh the nuthority of the Englewood Career Service Board The Care er Service Board co ns ists of five (5) members. all city r es iden ts who p ossess the in tegr ity and i mparti ality to protect the pub l ic i nterest as well as the interest of the city and its full-time permanen t employees. Last year the Career Service Board initiated th e original chart r c han ge to better effect uate thei r fu nction . City management. however ha 5 ta ken th i s opportun ity to d i minish the b oa rds jurisdictio n and au1hor1ty The Englewood Emergency and Non .Emergen cy A ssocoatoons are oppos ed to these changes and fee l the citizens of Englewood need to be aware of these changes that will effec t the quality or the services that they pay for and expect. #1 Ord. 5-26-3 Outside Employment : Thi s change attempts to d ictate to employees , th e right to olf.1 1mc act1v1ties, by allowing the city manager to arbitrarily r estric t or proh ob ot :>arH1m e e mployment . This is not in keeping w ith d i gnified treatment or ,Jmployees and could be ·used as selective disci pli ne. #2 Ord . 5-15-31 Ellglblllty Lists : This would permit promotional select i on other than by highest score Thos does not provide the city with the best candidate. and o p ens the way for selective, subjective and prejud icial prom otion . The Ci ty 's desire to change th is ordi nance is not consistent with ,ts llecru,tment Or d inance #5· 14-1. hi r i ng applicants w i th highest sco re to •·nsure the high est quality of service to the public . 113 Ord . 5-25-8 Complaint Procedures : These are an added and cumbersome set o f steps, intended to complicate and circumven t the current merit a ppeal procedure . This c omplaont procedure should only app ly to area's not related to con 1ractua1 , ems w11h non·barga rnlng unot empl oyees . /-4 Ord . 5-20-1 Research and Experiment Clau se. Allows city to set up employme nt programs that do not have to conform io c i ty ordinanc e. The progra ms may c on lllct w ith prov isions or tire career service system adm i ni st r a tion procedure and may operate on lieu of those provisions duri ng th e trial period . The purpose of ordinances and the Career Service Board is to protect the public inte rest. Th is clause i s a de11berate attempt to undermine the Career Service Board by allow i ng the city to hi re personnel that could conflict with positi ons with in the career service system #5 Ord . 5-24 Corrective Acllon : It 1s the intent of the city council to put In to ordinance. adm inistration of oral and w ri tte n reprimands . not considered d l sc,pllnary action . that would become a permanent part o r an employees r ecord , that th employee would not be able to appeaJ This to . could subjectively be used against an employee duri ng promotions. The Englewood Emergency and Non.Emergency Assoc1at1ons feel that the people of Englewood deserve the qua lity of service that they have en1oyed In the past and are paying for to Insure their future Th e ordinance changes propo ed by the city council and th counc,rs d t rmonatton to d1m1n1sh the usefulness of the Career Service Board ar inconsistent with the previous standards for s rvlc s In Englewood The c i tizens or Englewood ar encourlfed to write th Ir city coun. eitman and voice th 1r op1n1 on on these and oth r lssu s th t w,11 ff t the quality or h 1ng tn Englewood YOU STILL HAVE A VOICE IN YOUR COMMUNITY!! P11d lor by T~ Englewood Flreflght ara A11 n Tha ng1awooc:1 POiice lanal,t A ,n For lurth•r lnlormat on conracl Randy, erel M keOrunnger 711-7211 173-1511 • •1,,,,,.,,~~,,~,rl·11 •t ;, j 11 ,. '.i:tf l • tHd!~i! .,, .... , ,:(Jt., I • • • • CITY OF ENGLEWOOD PI.ANNING AND ZONING COMMISSION January 4, 1983 I. CALL TO ORDER. 5 The regular meeting of the City Planning and Zoning Co mmission wa s called to order at 7:00 P. M. by Chairman Ed McBra yer. Members present: Becker, Gilchrist, HcBrayer , Senti, Stoel, Tanguma, Allen, Barbre Romans, Ex-officio Members ab sent : Carson Also present: Assistant City Attorney Thomas V. Holland Senior Planner Susan T. King II. APPROVAL OF MINUTES. Chairman McBrayer stated that the Minutes of December 7, 1982, wer e to b considered for approval. Tanguma moved: Barbre seconded: The Minutes of December 7, 1982, be approved as written. AYES: Gilchri t, McBrayer, Sto l, Tanguma, Allen, Barbr NAYS: None ABSTAIN: S nti, B ck r ABSENT: Cr on n, motion carri d. Ch irman HcBray r tat d ch t th Minute of O c mber 14, 1982, wer to b• con idered for pproval. Allen moved: Gilchri·t econd d: Th Minut ~ of D c b r 14, 1982, b approved WTI Lten. y S : AYS: ABSTAI ABS NT: t~ I, Tanguma, All n, 8 c r, Gilchri t nL i, llarbr Carson Th motion c rr! Ill. • CAS 12 -82 I • • • • - -2- fo rm a t ion requi r ed for consideration of the final Developm nt Plan which the Co mmission would consider at thi s tim. Mr. McBrayer asked if there were any q uestion s from Co mmi ssion m>mb r. ~t this time? Hearing no question s , Mr. McBrayer as ed if th staff h.;d anything to add? Mrs. Ro man s s t a t e d that Mr. Payn , Mr. Ivy 11d Ms. Za rlengo have submitt ed the i n f ormation required b staff; 'fr. Oied , Director of Engineering Ser- vices , has r e viewed a nd approved th drain g report. Mr s . Romans s tat ed that e very thing appears to b in ord r on thf · application. 'fr. Payn e acl dressed the Coami sin and ,t Lt.!d that the basic appl ication was presen ted for consid ration at th~ me tin o O cemb er 7th; th e addi- tionaJ i n fo rma tion required dt hat t im, ha bel!n ub itt d t o staff. 'fr. M.cBrayer asked if anv of th J.niormation pre enued at the first port ion of the He ar i n g has changed? M.r. Payne stated that the ba ic information is unchanged ; he i n dicated that a drainag arc~ on the "'ouch end of th sit has been i ncreased in depth to allo for :,Om pondJn before discharg. ~r. Ivey noted tha t th size of th unit were incr a~ d to a minimum of 527 square f eet plus t he balcony t o meet min imum IU:D stdndards on room <:izes and storage a r ea . M.r , I vey s t ated that HUD has given approval to th plan which is be f ore th Commission at this me ting. Mr s . Becke r asked how many unit s and how many parking spaces w re to b developed on the site? Mr. Payne stated th r e would be 16 unit s in two buildings, a nd a total of 32 off-treet parklng ~paces. Mr. Stoel asked if a fen e as propos don the :,outh end of th proptert y to separat the sit from th State Highwa y rt ht-of-way• M.r. rvey stated thar no fenc• ha be n propo ed; ther wil l h• berm. Mr. Payn s tated that the berm will b on th south boundary, Ix (n) loot north side of th fte. Mr. P yn th t in lh p rking ar Mr. McBrayer lhat wand r i ng whe h r Stat Highway q><Hal In the tl,,'o ownership dP!1nnd r. PP J • I • • • • - -3- Planned Development ? No one was present who spoke in opposition. Barbre moved: Tanguma seconded: The Public Hearing on Case #26 -82 be closed. AYES: Gilchrist, McBrayer, Senti, Stoel, Tanguma, Allen, Barbre, Becker NAYS: None ABSENT: Carson The motion carried. Mr. McBrayer asked the pleasure of the Connnission on the matter of the Planned Development ? Allen moved: Stoel seconded: The Planning Coauni sion appr o ve th Marion Street Villa s Planned Development as pre eat d, and refer the matter to City Cou ncil. AYES: Senti, Stoel, Tanguma, Allen, Barbr , B ck t, Gilchrist, McBrayer NAYS: None ABSENT: Carson The motion carried. Mr. McBrayer noted that th Planned D velopm at very clo cept" will, in fact, work . Commis ion wi 1 h t c hin ly to d t rmine 11 thi d v lopment of lh1 ~ "liait d living co n- I . SOUTH SLOPE SUBDIVISION M.D. Prop rtie , Ltd. Mr. McBra yer st t <l that th Final Plat o f tli ou th Sl o p to hav b en befor th Conuni sion t thi me ting; how v r, informed that all n ce sary information i not avail ble for at thi meting, and th staff has ugg t d th t th matt r to J nu r y 18th Mr p lat ROIDJO s t t lt r th nt r vi w d the propo i bUe w r rai d that l\ w r of but th mit th that th d with th archite l, rchitect could not cum - own r fir cont t m tin o V. TEPE SUBDIVI ION AI R 1600 WstDrmouth Avnu • for tfm • CAS~. flt, ) I • • • • • -4- Mr. McBrayer stated that he understo od this i s a request for clarification of the intent of the Subdivision Waiver granted at the Augu s t J, 198 2 , meeting. Wa s it the intent of the Comnission that the conditions imposed be met prior to transfer of title , prior to issuance of Building Permit s , prior to obtaining a Certificate of Occupancy , or prior to the Su bdivision Waiver becoming effective? Discussion ensued. Mr. Tanguma s tated that ln reviewing the Subdivision Waiver which was recorded, it is very clear that the waiver will not become effective untjl the condit ions have been complied with. Mr. McBrayer agreed that thi s is what the re corded document i nd Jcates. Mr. Stoel stated that he felt the intent wa s to protect the buyer, and that th conditions should be met before the propert y was transferred. Mr. Lou Tep s tated that he was th applicant for the Subdivis ion Waiv r, and th i ntended owner of the west parLel o f land involved in the Wai ver. Mr. Tepe stated that prior to making appli atl o n for the Waiver, he had mt with staff member s regarding the divi sion of th e propertv. The greate s t concern was expreo;sed by Director of l'tiliti s Stu Fonda on the water and sewer lines within the Dartmouth Indus tr ial Pa rk, of which the s ub ject parcel 1. a part. Mr. Fonda was concerned about the placement of the lines, about th ~ize of the lines, and the condition and maintenance ot the lin s . Mr. Tepe stated that he understood Mr. Fonda hoped to u~e th• proposed develc,p- ment of this s it!! as a means to brin togeth,•r ir. WL•lbou r n , d e v e loper ol the Dartmouth Industrial Park, .ind the owne1 ... <'f the three st ru c ture s lrontln' on We s t Dartmo uth Av nu e to det rmirw who was to ma int a in the wa ter and ~ewer line within the Park. Ir. T ·p stated thdl h<' f •J t it was proper th at an c,wners agreem nt be form d and det •rminat H'll bLJ mad, on the ma intenancl' c,f the lines. 'Ir. Te pe s tated that th • apµl ical fon for Suhdivision Waivl'r ,a madl', and on Augu s t ), 1982, th Planning Commlsnion app r ov d the Subd1visf<•n Wafv r with seven l·o nd1tions. Mr. Tl·P'-' cf i.!d ll'tt,•r r Cl'1ved f r om M1. II r o ld Stitt, Planner T, dated Au u. l 5 , l' 2 , whld1 .,tat,• tha he approval of thi n ubdlvision waiver .:arr!,• 1,11th t hl' lullowin~ c nditi,m which mu"t be met at he tim the w tern par~• l i de, .. lop d ." Mi. T,•p t t •d th t then· wa.., cw qu..,»lion In hi Ind th,tt ,..h,•n th•: •Pl'rtlV I w lven for the Suhdlv1 ion Waiver, th e cc,ndition ,•rP to b, met at the tll' western p r ed wa s d v •lopld --not hcfo1, th, Subdivr ion Waiver c amL• final. • I . • • • -5- a continuing nature, this waiver shall cease its effectiveness at su h time as the present owner, or any successor in title, fails to continu to comply with said conditions. The said conditions to which the aforesaid waiver is subject are as follows:" Mrs. Romans stated that it is correct that Paragraph as cited b y Mr. Tepe is part of the standard form used for all Subdivision Waiver re co rdin gs; if there is a problem, it was in the letter sent to Mr. Tepe. Mrs. Roman s stated that in her opinion, the recorded do cument would have to be followed. Discussion ensued. Mr. Tepe sta ted that he has a contract with Mr. Martin of the Dartmouth In- dustrial Park to purchase the western parcel; the contract s tipulat s th t the trans fer of title will take place at such time as the property is divided (the Subdivision Waiver ls effective); but, th Subdivision Waiver will not become effective until the condition s are met. Mr. Tepe st ated that h could not comply with the c ondition s until he gains ownership of the propert>, Mr. Tepe stated that he now occupies a structure a 1600 est Dartmouth Avenue as a tenant; he stated that he sold the property at 1600 West Dartmouth Avenue to th current owner with the under standing that th west rn part of the site, approximately one acre, would be withheld from the tran tlun for ownership by Mr. Tepe. Mr. Stoel a!k d if Mr. Tepe purchas d th to comply with the seven conditions ? Mr. willing to ,omply with the condition prior Mr. Charl s Martin stated that h it. one Investment Company; h s tated that th r Tepe which I le would b com e f ctiv Waiv r. H t t d that h flt th fir within 30 d,y , nd if it canno t b Di cussion ,n r fer nc tl Mr. McBray r tat d th the t lt th to pe rtain t o th properti ~ frontin r. • b wil lin • would b nt of th 1 t •. own r a uciatlun Av nu to Mr. rtin with b plated. Hr. s t rn , 1 I t I . • • - -6- Mr. Gilchrist stated that at the meeting of August 3rd, he felt it was made c lear and agreed that no building permits would issue until the con- ditions were met; he stated that he is of the opinion that this matter is i mproperly before the Commission. Discussion e nsued. Mr. McBrayer s ug - ges ted that the Commission should inform Mr. Te pe and Mr . Martin whether the conditions are to be met prior to the Subdivision Waiver becoming f- fec tive , or prior to development. Mr. McBrayer sugges t ed that he would s uggest the fi rst six condit ions could be mt before the Subdivision Wa iver becomes effec tive, and that Con d ition #7 could be waived until development of the subjec t parcel . Mr . Te pe re-stated that he had worked closely with the s taff on the preparation of the appl ication and on the development of the condi tions to give the City wha t their departments wanted; he stated that he wa s not told that the con- ditions would apply to the granting of the Wa iver . Mrs . Becker asked if Paragraph #2 of the Waiver Resolution form had anything to do with a contract for sale? Mr. Holland stated tha t this paragraph had nothing to do with the tran sfer of title; however, it does state that the Subdiv ision Waiver will not become effec t ive until the conditions ar met. H stated that his interpretation of the Cammi ~ion action was that th in- tent wa to grant th Wai ver, but not to allow d velopm nt until the con- ditions w r met. Mr. Holland s tat ed that h f~lt th Commis ion could nd thi Re olution to more clearly refl ct th ir intent, and it would be fil d as nded Subdivision Waiv r, with r t r nc to th boo nd p a the reco rded docum nt. rtin Jndicat d th th ro m durina d th d lib I tion rtln dlp • SubJivision w dev lup- t tho condition condition , of th to h • pr p rt t d I • -• • - -7- Becker moved : Stoel s econded: The intent of the Planning Commission in granting the Sub- division Waiver, Resolution #2 , Series of 1982, was that the Wa iver would be effective at the time the document was record e d. Co nd itions i mp osed on the Waiver were t o be met before i mprovement of the western property. Th e Commission will amend Resolution #2, Se ries of 1 982, to reflect that the conditions must be met prior to i mpr ov ement of tlw property, and Co ndition #6 will be a mended to stat e tat "an owners asso ciation be formed i nvolving the owner s of the three buildings within the Dar tmouth Industrial P. rk fronting on We s t Dartmouth Ave nu for the purpose of maintenance of all sewer and water lines serving these buildings." AYES: St oel, Ta ngu ma, Allen, Barbr , Becker, Gilchrist , McBrayer, Senti NAYS: None ABSENT: Carson The motion carried. VI. DOWNTOWN DEVELOPMENT DISTRICT. Mr. Holland revie,.ed the memorandum he had submitted to Commission member ,. t their mee t ing on D cember 1 , 1982, pointing out that the fir s~ several ction of the me r andum are background information. Mr. Holland stated that h und rst ood it hab n b n d l mined to 1efer to this proposed dl,;- trlct as a "mix d-us d v lop nt di r. Holland then review d that h f ll w rin an , nli11an Mr. Holland cit d not"'d that th proro cont in d in th Court Hr. Holl nd trict, mph nd n lt for 01 D &l n R vi C itt w di u "w r ell d by Hr. !loll nd con r vi, , uffi cknt ordiuan Thornton, and tand ard .. than Colorado Supr m zon di9- int r cd by Hr. Holl nd; rnin u of rchl- 0 I • • -r • • • - -8- VII . PUBLIC FORUM. ----- There was no one present to address the Commission. Mrs. Roma n s sta t d that a Public Hearing before Ci t y Counci L has been scheduled for January lO, 1983, at 7:30 P. M. to consider adoption of the 1982 Uniform Building Co d e, Uniform Fire Co de, Electrical, Plumbing and Mechanical Codes. Mr s. Romans s tated that two ma jor change which are proposed relate to acriums and th sprinklering of buildings . The present UBC does not address acriums , which are now very popula1 Jn larK' hotels, and buildings over 75 fe t in height are required t o be sprlnkl red. The proposed Code would requir sp rinkling of buildings of four stnrie or betwe•n 50 and 75 feet in height. Mr. M·Brav r st red chat Llttleton has adopted the ' 2 Codes, and ~nver ha,-, adapted the code to th ir purpos ., . He discussed "accessory ,~,· bul !dings", whl h m;JV L, u&ed or th.; ... ame purpose as the priman tructurt0 but ma not hav, quipped to accommodate handicapped, et . He 1 k I. . Mr. of up to the Ir. M n th Mt. cu er WhPtl thl." ted Lh,H <)ulJ c,,nt Jn provision tu allow su h stru tur, ~ h1 uld di ,,:u,,., thio matter with Chlt>f Rtuldln th t 1,· ,.iJ I ro I ut or th , rh,1p it un. bth huuld b di - • I • • - • • • • • -9- stated that he understood the Court d i d keep open the possibility that th e 106 Review would not be sufficient to properly determine the case . The meeting adjourned at 8:40 P.H . .. ~-~ Re cording Secretary I • • n • • - DOWNT OWN MANAGEMENT COMMI TTEE JANUARY 6, 1983 1:30 P . M. COMMITTEE MEMBERS PRESENT: Susan Powers, Jim Mosier, Don Ensign, Mik e Haviland COMMITTEE MEMBERS ABSENT: None OTHERS PRESENT : City Manager Andy Mc Cown, Fred Ka ufman, Dick Hinson Susan Powers opened the meeting with a discussion of the propos e d zon i ng changes for the Redevelopment Project Are a . Sh e a dvo ca t ed proc e di ng with th e implementation of a Downt o wn District Zone (DDZ) rather tha n amending the existing B-1 Zone as had bee n s uggested at previou s Managem e nt Com-mittee meetings. Jim Mosier stated that the change in the B-1 Zone seemed attractive at the present time because it could be accomplished rather quickl y and it would not require that Desi ~n Guide line s for all a s pec t s of the project (including private development) be in place. Ms. Powers replied that the DDZ could be instituted del e ti ng the design a s pec t s of th e ordinance f or th time bei ng . She related that Bob Joyce had e xpressed a de s ire for t he DDZ implementation to be part o f the Development Agre eme nt . She also added that timing should not be a cr i tical factor. Fred Kaufman int r jec t ed t hat havin th e DDZ in place woul d a l so be of as sis tance in creating bond sala bility. Don Ensign e xpressed migh t not agree that 1 ft out of th DDZ, cuss th ma tt r with a concern that Tom Holland , Assi s tant City Attorn y, qua lity issues s uch a s the D sign Guid lin s could be v n temp ora rily. Ms. Power said that he would d 1 »- Mr. Holland. Th n xt ag nda it m to b conside r d wa s Post Constru tion Mnn.igcmcnt of Public Ar as. Mik H viland said that heh db n und rt kin g th pr0j ct of er atin an ntity that could efficiently manag public r as in the Red velopm nt Ar a. He sta t ed tha t he had er at d sue paper and pre- sent d it to the EDDA Ex cut1v Bo rd. Thi a Board t ed a s appropriat pr• ntation b for th full FDDA. Mr. Havil nd d d to out- line th k y aspects of his i su ppr. Ba don his rs rch, Mr. Haviland said that mo st proJ ct& ar ori nted toward s1ngl~ ntity t o mana public sp c b nd oordin t ctiviti b in th se areas with them rchandising effor t & of privat In his paper h liat d the functions to b und rt ken by Thea includ d: 1. Financial Administration . S curity. 3. Standard, for ua L aal and lnauranc • I • • • • • -2- 5. Mark eting. 6. Lease Admin istration 7. Gen e ral Project Administration. Mr . Haviland sugg sl d po ssibl, Cund1ng so urc es as th e City, Lil e Jt •d v c J , p, r s , tenants, and EDDA. The contr ibu tion of each of these bodie would hav~ t o be negotiated and established in a formula. Mr. Ensign said th a t t h r was great potential advanta g in utilizing a single entity. The Committee agreed that th e next logical seep in e valuating th e u se of such an entity in a project management capacity was th e presentati on o f Mr. Haviland's issue paper befor the EDDA Board f or th ir considera t ion . Following the incorporation of their suggestions, a revised copy of t h paper could be forwarded to City Council and the Urban Renewal Auth ori ty for review. The next topic discussed wa s the creation of design guide lines for Hroodwoy . Don Ensign mentioned the problem of different owners in th e area creating a difficulty in developing unity o f effort in advertising and o th er manage- ment functions. The different personalities also create a problem in secu ring a consensus of opinion on th e s tyle for the storefronts and public impro v e -ments. Dick Hinson reported his attendance at an EBA (Englewood Businessmen's Association) Board meeting on January 5, 1983 . He stated that tlw mc•rch.111L s on Broadway realize the need t o take action thems e lve s and not wait for the city to tell them how to redevelop their area. They want t o h a r s ppcjfics of the guidelines that are b eing prepared by Design Workshop. Mr . llin so11 added that EBA had contacted m•mbers of the Broadway Plaza Associo t ion (a Denver businessmen's group) t o determin th advantages of und rtakin g Lhe facade and street alteration th a t they presum will b proposed by the de-sign guidelines . Mr. Hinson stated that EBA want ed to schedule am e tin in early F bruary: l. Toh ar the Director of Br oa dway Plaza, Mr . Ron Tolv r, discus,. Llw advantages of physica l changes; 2. To hear a report on the guidelines prepared by Mr. Ensign; 3. To hear a report from Mr . Hinson on th availability of fed r l monies for the project. Fred Kaufman sugg a t d that a block-by-block pr s ntation of th e propos d guidelines tom rchants might be e ff ec tiv in conv ying th int nt of th project to those fleet d. At this point, City Manager Mccown tated that unity among them rchants along Broadway is important t o success fully accompli sh r vitaliz tion program. H cited Rocky Mountai n New rticl in whi ch two Bro:i<lw :1y m rchants had xpr ss d ls than full support f or Lh r developm nt (- forts. Mr . Kaufm n sugg sted n l tt r b s nt t o th s busin ss m n, wh11:h wou ld ncourag c th m to parti cipa t e in constru tiv effor t s to ff•ct chan long Broadway . • I • • r.- ( ( • • • • -3- Mr. Mccown suggested the pos sibility of contacting Mr. John Guny o11, of BBC, and requesting that h e make a presentation t o th e merchant s in Lh, area. This presentation woul d descr ibe the long-te rm e ffect s of a lack of action to renovat e Broadwa y and encourag e increased sa l eb. Susan Pow,•1 s conunented on a point Mike Havil a nd had mad e in a previ ous m mo to thi •, C<>m- mitte e. Thi s point was that fJcades alone will nol r e vitalize Lh c· -in·;,. Attention must also be direct ed at th e types of merchant s in th e area and how they are conducting business. Assistance s h ould be provided wher it is needed. Mr . Ensign also su gg es ted the potenti a l us e fuln ess of a manual for Broadwa y merchants to te 11 th m h ow to accompli s h r ecomme nd ed c h ang<·s. Regarding proposed public impr o vements, the Conunittee agreed that th ese should b e reviewed by City s t aff b e fore th ey arc pre se nt e d to th publi c. Mr. Hinson said that he woul d s tay in contact with EBA to determine th e exact date of the guideline pres enta tion; th e Tolver discussion, a nd the funding report. The last topic on the agenda was Relocation. Mik e Haviland had drawn up an issue paper on this subject for review by th e EDDA Board. In this paper, he outlined several organization al and monetary r econunendations to facilitat e the relocation required by the Redevelopment Pr oject. The proposed mon e t ary benefits would be supplemental to the benefit s curre ntl y described in l hc Downto1o1n Redevelopment Plan. Ms. Powers conunented that we mu s t be reali s tic in th e limits of mon y l o b,• spent on relocation efforts. Mr . Hinson added th a t this s uppl eme ntal p l an must be considered in the contex t of a lack of fisc a l parameter s; th a t i s, what money is available for such purposes. He continued that th e proposed benefits might appear to be r aso nable from o displaces' vi wp oinl, bul unaffordable from a project co s t pe rspective . Ms. Power s felt that a more productiv ef fort would be in a non-mo n Lary area; that is, assisting pot entia l displacees in finding suitabl r cp la cp- m nt struc tures. Mr . Haviland s tated that he had es tabli s h ed hum• ijPllP r Jl guidelines for minimizing reloca tion distress which seemed t o be o n o f th e most apparent problem areab o f th e proj ect. Mr . llaviland furLh •, asserted that it was one way of address ing th political probl m o f lhl proj ec t , affected m rchant/own r disenchentm nt . In conc lu sion, Mr. II vi!Jnd stated that this issue paper would also be pres nted to th e EDDA Board for consid ration at their monthl y me ting . Them eting conclud d at 4:10 P . M. Submi tted by : 0 6« {_ Wm. Richard Hinson Economic D v lopment Planner • I • • r - • • - DOWNTOWN MANAGEMENT COMMT'J'TEE Ja nuary 13, 1983 1 :30 P . M. COMMITTEE MEMBERS PRESENT : Jim Mosier, Susan Powr r s , Mi ke · 11 .,v, l.11,.1, Don Ensign COMMITTEE MEMBERS ABSENT: None OTHERS PRESENT : Fred Kaufman, Dick lli.ns o n Committee members opened this meeting with a review o( Lh e ac Li onb Ll ,n L w, 1 l be undertaken to rezone the Downtown Redevelopment Project Ar e a f o r mi xed use development. Susan Powers described the proces s a s primari l y: 1 . Creating the Downtown Di stric t Zon e ; 2. Amend the Zoning Ordinanc e to include th e Downtown Distri c L Zone; J11 d 3. Repeal the existing B-1 zoning in the area and replace it with t he Downtown District Zone, i.e., amend the Zoning Map. The ordinance and map amendment s would occur simultaneously . Mb . l'o w 'r s reiterated the proposal of the last committee meeting that de s ign guide- lines should be instituted separately from the zoning amendment a nd at ,1 later date. Those present agreed. Ms . Powers told the group that a public hearing before the Planning and Zo ni ng Commission would be scheduled tentatively for February 15, 1983 . She r e - quested that any comments on the latest draft of the Do wnL own Di s tri c L Zunl! be forwarded to her by January 17, 1983. Don Ensign and Jim Mo s ier s ug - gested two specific areas of the zone that should be reviewed . Th ese ar e a s are: 1. Height requirements --It was recommended that these requiremenL s s hould be reflected in feet rather than stories. 2 . Rationale for the boundaries of the various districts . Ms. Pow rs sugge s ted that the Committee meet during the week of J a nu a ry 17 , 1983, to discuss the presentat i on before the Planning and Zon ing Co~ni shion. She added that Dorothy Romans would be at the next Committ ee me ting to further di 1 cu1s the proposed Downtown District Zone . Followin& the di1cu11ion on zo ning, Fred Kaufman reque1ted that prop rty acquiaition be touched upon . He in1i1ted that the problems a 11 ociat d with property acquiaition in the project ar a ahould be addressed at th pre s nt time . Mr . Kauf111an auert d that the diacontent among prop rty own r s coul d be overco by auuring th III of ad quate relocation paymenta and by 11 t a bl is lu n personal contacts with them. Ile felt thia contact would b much mor ff ctiv than th m iled offers to purcha e that Bud Brady h d I nt out f w 1no nth1, ago . • I • • -• • • • -2- Jim Mosier agreed that it is important to begin laying the prope1· !4 1"uu 11dw ork now for future acquisitions . He stated that h e would discu ss Lh cs maLLc.,1 with Mr. Brady at a meeting th e day after th is Committe e meetin g . The next topic of discussion was introducted by Mikte lluvilun d. lie, 1 ,·q11,•·,t ,·d an opinion of the group whether a Post-construct ion Manag ement/UperuLions / Public Relation program should be documented and read y for inclusion in over- all program plans by April as had previously been suggested . Don En s ign aeaerted that it should be reo dy at that time. Jim Mo sie r s L:i t c<l th 11 L Brady Enterprises had hired a new man who wil l be involved in Lh e prope ,·Ly management a s pect of this proj ect . Mr, Haviland then handed out a document he ha d drafted on "Pu b lic Sp .ice Management." This draft outlined anticipated re sponsibilities a nd pro- jected costs for such items as mall management . He requested that Committe e members review the document for discussion at th e next meeting . Mr . Haviland suggested that Brady's new man might want to provide inpul on Lht s topic also . He added that a consultant could be brought in, after the conc ep t is more formailzed by the group, to prepare a detailed program for imp l ementa tion. After the comments on the management program, Don Ensign stated that he f e lt it was necessary to initiate the improvement survey of the do wnt own areo .is soon as possible. He asserted th4t construction document s for new de v elopment cannot be completed without the survey . Mr . Ensign added that he fell Zylstra-Baker had done an excellent job on the Broadway survey and that th ey might be a good choice for the expanded survey work . Fred Kaufman stated that he also thought it was important to sec ure the utility location information so that improvement s and any required relocations could be undertaken at the same time. This would minimize di1ruption to bu 1inesses in the project area . Dick Hinson said that he was under the impre11ion that Cary Diede had completed the prelimina ry s tep s to go out for bids on the improvement survey . Mr. Ensign added that thi s s urvey should occur in two phases : 1 . Documenting existing utility locations; and 2 . Planning the location of new utilities . Susan Powers s tated that due to the huge volume of work creat d by surveying and con1truct ion, the pouibility of hiring a construction manJg r might b considered by the City . Paul Benedetti, Urban Renew 1 Authority legal couneel, aaid that such a per1on waa hired in Boulder for th ir urban ren w 1 proj ct. At the lut topic of discuuion for this meetina, Mik e Haviland requ ~t d th t the Broadwa y Revitalization Project be reconaider d. Hr. H viland outlin d the problems he felt w would have with an attempt to upar de the private bu1ine11e1 alona Broadway : 1. Diff rent own r1 would be difficult to coordin t inter o( con nHuw of opinion on deaign uniformity; and 2. Privater novationa are not coat effective in the mind, o th rch nt • I • • - • .. • • • -3- As an alternative to private renovation , Mr . Haviland s ug gested pl:i ct ng emphasis on public improvements to get immediate results on Broadwa y. li e said the advantages of f ocusing on this aspect of the project wer e: 1. Control of improvements; 2. Signage contributing to po sitive visual impression; 3. Presence of color introduced in area . Ht: cited the funds -allocated in the Downtown Re dev elopment Plan as a metliod of financing the project. Susan Powers explained that funds in the Redevelopment Pla n would be generated by issuing tax increment bonds, and th at the public improvement s which would receive priority in the initial phases of the proj ect wou ld be Little Dry Creek rechannelization and the Girard Mall. She disagreed with Mr. Haviland'• premise that support for the private renovation docs not exist along Broadway . Ms . Powers stated that many merchants are awaiting th e announcement of available federal monies before they commit to any expenditures . Don Ensign agreed, and added that efforts in the Broadway area should be geared to assisting merchants in improving the appearance of their shops. The next Committee meeting was scheduled for January 20, 1983. The meeting adjourned at approximately 3:30 P. M. Submitted by: Waa . Richard Hinson Economic Development Planner I • • - ' • • • • MINUTES ENGLE WOOD PUBLIC LIBRARY ADVISORY BOARD January 11, 1983 5 Chairman Bob Currie called the regular meeting of the Library Advisory Board o order at 7:38 p.m. PRESENT: Bob Currie, Jerry Valdes, Wilma nkrum, Debbie Dix, Joe Rathburn, Kay Van Valkenburg, Dorothy Whelehan ABSENT: ALSO PRESENT: Marietta Brown Sharon Winkle, Director of L1brar1e Donna Gottberg , Re cording Seer ary Roll call wa s taken and a quorum declared pres nt. Ir . Cu rrie turned the meeting over to Ms. Win le for the Director's Report . Is . Winkle presented an update of the Board recommendation that a public librar y facility be included in the plans for the Community Center. Council h as decideJ no t to include a library facility in the proposed Community Center . Ms. Winkle brought to the Board's attention the Arapahoe Cou nty Joint Board Meeting to be held next Monday, January 17th. Is . Winkle and six Board memb ers plan to attend this meeting. \Is. Winkle asked for discussion on the idea of starting a Memorial Book Program 1o,here ontributions in memory of deceased persons may be donated to the Librar y for the purchase of public service materials. There was a brief discussion w1tl thl Board supporting this idea and s howing a willingness to volunteer the1r ttml . I. l\rn le gave an update P\L. Th m1 ss1on of thi formal agr ments have his pro;ect. on the coo perat ive col le t1on development org11n izat1,11, group being to increase access to library resour es. been formed at this 1m . There was a brief discu · 1 n Reg rding th letropolitan L1brary District, Ms . ll'inkle sta ted there is a me 1 in, of he DRCOG Task Force planned for January 19. She plans to att nd this mee In, 1nJ will report back to th Board at its next meeting. U1ret tor's Choic inkl reported that the L1br ry remarne<l open th w ck fter th bl1::,1rJ I ho.;r 24th, but J1d dose t 4 p .m. each evenin th,1t we k. The BoolJn h1l d1J unt i I lonJuy, .Ja nuary 3. I 1 Library 1s collect 1n Campb 11 oup l beh and v riou other C mpb 11 pro lt1 t J, hlls .ind pldns u turn th in for modul for th Speak rnd Red unit 1n h Chi I Jrcn' s ll partm nt. cont 1 nued ..... • I • • • • • • -2- There wa5 a bad water leak in the east end of the Library after the blizzard, due to frozen pipes backing up into the air conditioning units and overflowing the drip pans. Valves will be placed in this area so a repeat of this cann ot happen . Ap- proximately 25 books cannot be returned to the collection due to water damage . The approximate cost was $350 including material s such as plastic sheeting t o cove r the books. The Board Organi zational 1eeting is February l, 1983. The first Tuesday o the mon h. Chairman's Choice Mr. Currie gave an update on the statewide book sale, the publicity and the plan for the sale in conJunction with the governor's reception. He distribu eJ ,, n·r><ir showing the steps of planning this project. Mr . Currie would like to present this project at the ALA Conference th1 and asked for the Board's support. 83-1 McrrION: That Englewood Public Library participate in t h e program of prepar ing a • pr esentation for the American Library Association (ALA) Conference 1n 1 Moved by: Wilma Ankrum Seconded by: Joe Rathburn Motion carried. Members' Cho ice 1r. Joe Rathburn offered his verbal resignation from the Board due to other commit tment . Ir. Rathburn sug gested the Board write a letter thanking the staff for their work and effort during th w ter leak emergency. ommitt e Report~ Kay Van Valkenburg -Intellectual Freedom Committee -."o report. Debbie Di -l. 1 !Jttv Committee -o report Correspondence letter of acknowledgement and thanks from 1ayor Otis has been sent to /'.orm erswill for hi s rv1cc to the Board. 'o Unf1n1 heJ Bu rne Th 't,t1st1c ,1J Report for D c mber was brief! The nnu a l St t 1 a· 1 l R port ti I be d 1 cu ~ he . arrat1~e R por . di CII scJ. the febru ry ting I on Wlt IOTIO!\: Th t th hnut fr th O c b r 14, 198:? le ttng b ~by; .Jo R thhurn c pt d, as wr I t, n S .:onJ ,I by: lloroth llhe lchan touon cu rr1 J. M cting dJourn d • t : IO p .. 1-12-Jg • I • • In ,., , • • • • • ENGLEWOOD DOWNTOWN DEVELOPMENT AUTilORITY 3535 So. Sherman -Englei.ood, CO 80110 MINUTES January 12, 1983 5 Board Members Pr sent: Bush, Coleman, Gasson, Holthaus, Kaufman, Mausolf, Maxwell, Neal, Owens, Pendleton Board Members Absent: Close Staff Present: M. Haviland, P. Dietrich Guest: Ed Cordova, Bart Rivkin, J, D. Pearce , John Pearce, Ed Winkle, Frances Schafer, Gary Cristopher, Daryl Dyche, Dorothy Dalquist, Susan Powers, Andy McCown, Jim Mosier, Rick DeWitt Chairman Gasson c alled th regular meeting of the EDDA Board of Directors to order at 12:08 PM on January 12, 1983. Following introduc ions, the linutes of the D cemb r Board m tin w re pr s nt d for approval. Mr. Mausolf moved, second d by rs. Hol haus, t o approv the minut ~ from th cemb r 8 , 1982 r ular m tin . Th motion pass d unanimously hy voic vot . Mr. Pendleton pr s nted the bills for paym nt. Mr. Mausolf moved, s cond d by Ms. Bush, that th bills for p ym nt be pprov d. Th motion p ssed unanimously by vole vote. Mr. P ndl ton l!rn pr s ntrd th, Tr by Ms. Bu~h, to ccept the Tr~asur r' p s d un nimously by vole vot ur r' R port. r. N 1 moved, s cond d Report as dlatribu d. Th motion cone ms r garding public y or th City , ddress d wi h th m r ardin them. rd with n upd t l ault r rdin th • I • • • • • Mr. Jim Mosier, Brady Enterprises, presented the Brady plan for the down- town redevelopment. He indicated that the architectural design guidelines should be c ompl ted by April , 1983 , and that construction will commence about October or November, 1983 . Ir. Gasson annouced that Fred Kaufm a n has been selected by the City to be a part of the negotiating team for the redevelopment project. He is to report to the EDDA periodically as to the status of the negotiations. AMerican City Corporation -Mr . Gasson noted that the EDDA will not enter into a contract with the American City Corporation. It was also noted tha the intended $25,000 for this contract is still in the budget. RELOCATIO POLICY AND PROVISIONS -Mr. Neal stated that the proposed relocation benefits should bepresented as issues to be discussed or addressed. It was re commend ed to hav a spread sheet with costs as they are associated to various benefits . This coul d be taken from examples of th other urban renewal authorities in the area. Mr. Coleman's suggestion to expand the philosophy will be included in this revis d recoDD!lend ation . One additional suggestion was that busin sses have access to financial exp rtise regarding any decisions about relocation. Mr. P ndleton will chair this subcommittee, with Mr. Neal and Ms. Owns as memb rs . Chairman Gasson called a Special Meting on February 26 , 1983 at 12:00 PM to fur ther discuss r location issues. N gative Publicity R ardin !.!:.__ Red v lopment Project -Mr. Kaufman mov d, seconded by Ms. ens, to mak con tact with Broadway m r c hants who are un- happy , uninform d, nd uncomfortabl with th red velopmt:>nt proj ct . Th(• purpose of this would b to e r at ood will and provid them with positiv information. Th motion pass d unanimou ly by voic" vot ·· Tl rt•IU In In it -At nt tiv 111 l in a or Broadw t ln on F bru ry 4, l r. Fnsi n will b n th~ g d w r or Inform tion only. 3 h 'l,h <l•il d in tt nd nc< Th r Ing no furlh r bu in••· th m tin w,1s djnurm•d a t 1:35 PM. I • • - • • Urban Renewal Authority Ci ty of Englewood January 24, 1983 Honorable Mayor Otis City of Englewood Dear Mayor Otis: • • • 5 < 4 3400 S. Elato StrNI Enolewood , Coloredo 80110 Phone (303) 791 -1140 It is with deep regret that I must resign my Board position with the URA. I have enjoyed my tenure on the Board and genuinely hope for a successful redevelopment project in Downtown Englewood. I will be leaving the Denver ares on January 24, 1983, and returning to South Carolina to care for my father who has been quite ill for the past few years. I apologize for not providing you, the Council and the URA with more notice of my resignation, but I did not intend to leave this quickly. Thank you for your support over the past y ear and I wish you the best in this very exciting project. Sincerely, kb Bob Powell , Chairman Urban Renewal Authority c 1 : Urb an Renewal Authority • I • • - • • • • • 5" L MEMORANDUM TO: Honorable Mayor Otis and Members of Englewood City Council FROM: Carolyne J. Boettger, Court Administrator DATE: January 31, 1983 SUBJECT: MUNICIPAL COURT ACTIVITY REPORTS Attached is the new two-page format for reporting the activity of the Court. I am proposing that this be a quarterly report, rather than monthly, and that a narrative be accompanied with it explaining any significant changes. Please advise if the quarterly report is adequate and whether the new format contains the information that you desire. Att/ c c: Louis Parkinson, Municipal Judge Members of the Court Advisory Committee Andy Mccown, City Manager Rick DeWitt, City Attorney Gary Higbee, Director of Finance Robert Holmes, Chief of Police • I • • - 1. • • - ENGLEWOOD MUNICIPAL COURT END OF YEAR & QUARTERLY ACTIVITY REPORT FO!.!Bil:I EQIIBil:l SUBJECT 19 8 2 19.n ffv£Nl£ SOURCE A) PADll'IIIJr. Vll"II 4Tl/'YJ FINS::C:: i 15,831.00 $ 16,231.75 $ R) Vll"II ATll"IJ<: UISX:AII FJNS::C:: 1 7 ,381,50 16 ,1 27.50 r) /"l"l!RT Fl~C:: 34,684.48 41,031.00 n) •na-·-: rnl.NTV 1"1111 FINF~ 4,192.50 3 ,240.00 F) 'AlWT'I ~DA=JT\SX:C:: 800.00 600.00 F) l'l"II_RT CXlSTS 9,889.60 11,371.60 G) WITNESS A=t=C:: 180.00 332.00 H) IIIN' FEES 75.00 175.00 I ) APPEAi. i::i:s::c:: -0--0- J) nRl~R C::/'VY\I A=S::C:: 390.00 915.00 TOTALS $ 83,424.08 $ 90,023.85 $ 2. MS FIL.fD A) PAIWTNG Vll"IIAT!rw<:: 3 490 , A 'U R) TRAFFIC V!Ol AT!rw<:: 1,417 1,527 c) c::~ TFT!Nr. Vll"II ATll"IJ<: 161 167 n) ANTM6.I nQfll"'AtJrc: V!Ol ATI~ 38 29 F) OnER nDr'ITNAllrS:: Vlnl ATll"IJ<: 173 199 F) rt'M>t AINTS 12 25 G) ~ l'Altc:F l"ITATl/'YJc:: 23 not counted TOTALS 5,183 5,378 3. VIOCATIC16 BlIDlJ ACTIVITY A) TRAFF!l"IM!C::l" Vlnl ATTl"IJ<:. 978 Ql\11 PIEi\ CF GUILT'i .83 58{' PIEi\ CF 001' GUILTY: 39[ 388 REQUEST TRIAL TO COURT (357) (.~,d Q J FILED JURY DEMAND (38) (~Q) R) DADIIUJt:: V!l"II AT!l"IJ<:' PIEi\ CF WI.JJri/PAID 2 398 2 337 FTI.n> APPEAL 251 246 • PAGE...l._ YTD YTD 19....§1.. 19...ll. 62 ,1 29.87 i 7 1,242.89 64,721.00 66,826.90 146,030.49 150,548.00 14,202 .50 11,362. so 4,085.00 3,450.00 41,383.00 43,782.60 1,165.00 1,497.50 450 .00 575.00 -0--0- 2,415.00 3,765.00 336,581.86 $ 353,050 .39 ,, i;n1 1 ~ ~Ill 5,413 6 525 656 464 161 226 937 1 463 46 78 104 nn~ ~n .. n+,-,1 19,918 22,057 ' 7'd 4 nc;c; '. :'l l 2 744 1. [14 1 311 (1 UR) (1 14 .11) ( 14F) (1 6 2) 9 078 10 072 I . 1 1 111 Qllf, • • - ENGLEWOOD MUNICIPAL COURT PAGE_2_ END OF YEAR & QUARTERLY ACTIVITY REPORT <CONTINUED) FOURTH FOURTH YTD YTD 'SUBJECT 19_g_ 19..§..L 19..a.L 19..B..L 4. COORT ACTIVI1Y A) ADDA. I (N,ENTS. 1 ,021 1 ,266 4 243 5 454 F'TA/ClNI' 2C4 310 993 1 ,307 QJIL'IY PIEAIPB/DIS 439 89 ,011 2 ,516 tOr GUIL'IY PIE.A: 318 367 1 ,239 1,631 REQEST TRIAL TO COU RT (295) (347) (1 ,150) (1 , 5 4) PIL ED JURY DEMAND (23) (20) (89) (10 7) R) rrn IDT DOC-TOI.Al C:. R,7 RI.R , ,nn > n'JO F'TA/ClNI' 1Q4 7QQ R1? 7PR PB/DIS/OJP .54 2 -"•66 :! nR9 1 ;:;;r SE:!' RlR CXXJRl' TRIAL 10 1 103 '"' 7 ,31,1 ('.) 11 IQV PDl=-TIH 41 C: • 93 70 368 ,?7 ,, F'TA/ClNI' 26 14 11:, 4:1 PB/DIS/cx:P 56 34 :-u f' 1 ?4 ) SE:!' roR JURl TRIAL 11 9 ~ :,('J 1 4 I D) TDl41 C:• 110 212 530 90R FrJVCXNr w 47 111 ::..:t PB/DIS/OJP :' j ],' 1 .c:, TRIALS HEID: ' ,, '!J? COURT TRIALS ( {.) r. (. 4 rt~;,) J URY TRIALS . ("' ( lf!) ,.~.~/ F) O™FR Ml~f. 1,1i:ADHJc;.<; 310 25, J . 2th I 003 5. OllfR ACTIVl1Y A) ......... -:s/i:~rirn~ JCCltcn :!30 .'!61 858 '17h B) MIVJ:D CnMYV .o. -~ 2b oO ~Ob ~7.') c) r Ac:i:c: TF'RMIN4TF'n (011,: C:\ft"I .... , l, "30 1,984 7 ,079 8,157 n) r4C:l=C: PE'NDING (PKG l=ll'rl lf'l:n) 1,689 1,577 -----·-. ...... FTA • Fa ilure to app.ar PB • Pl Ba.l'gain diepoeiticm ( g., I . 1' d ) PKG -Pal' i Tiok•u • • • • MUNICIPAL COURT END OF YEAR REPORT COMPARISON OF 1982 WI1ll 1981 1. REVENUE SOURCE: Fines, forfeitures, fees, and costs collected during 1982 were down 4.7% from 1981 as a direct result of decreased filings. 2. CASES FILED: Total cases filed during 1982 were down 16.4% from 1981. The main reason for the decrease was that South Broadway was not a major problem in 1982, and the filings for traffic (down 17%) and other ordinance violations (down 36%) reflect this. The only increase in filings was for shoplifting. A total of 363 juveniles were cited during 1982 for non-traffic related offenses (158, shoplifting; 205, other ordinance) compared to 366 cited in~ year of 1981 (110, shoplifting; 256, other ordinance). In previous years, show cause citations have not been counted. Because they represent as much (if not more) work as other case filings, the Court decided to count them. 3. VIOLATIONS BUREAU ACTIVITY: 4. Per volume of filings, the guilty and not guilty pleadings for Violations Bureau combined with Court Arraignments are not significantly different. COURT ACTIVITY: Court pre-trials, jury pre-trials, and trials need to be discussed together. In July 1981, procedures were changed making all pre-trials mandatory*, and the trial date not set until after the completion of the pre-trial. This has increased the number of cases disposed at the pre-trial (where the costs is the least since no witnesses nor officers have been required to appear). Further, it has decreased the number of cases plea bargained on the day of trial. This has allowed better docket control and ha s allowed the Prosecutor adequate time to try cases that need to go to trial. *Court pre-trials can be waived at the time th not guilty plea is entered if the defendant want to proc ed to trial. and does not wish to speak to the Prosecutor . The other Misc. hearings include show cause, motions, compliance and penalty, dismissals, dvisements, and add ons. The hearings can take anywhere from a few minutes to everal hours of Court tim depending upon the issue involved. 5. 01l!ER ACTIVITY : Per volwn of filings, none of these are ar ignificantly different. • , I • • - ( • • • • • ME ,~ORANDUM TO: ENGLEWOOD CITY COUNCIL REGARDING RECOMMENDATION OF THE PARKS AND RECREATION CO MMIS SION DATE: January 25, 1983 SUBJECT: RECOMMENDATION TO APPROVE THE PROPOSED CITY FORESTER ORDINANCE RECOMMENDATION: Request, by unanimous vote of the Parks and Recreation Comm i ssion, that City Council approve the proposed City Forester ordinance No. ___ , Series of 1983. By request o f the Englewood Parks and Recreation Commission Linda Wi lks , Recording Secretary I • • • MEMORANDUM TO: • • • ENGLEWOOD CITY COUNCIL REGARDING RECOMMENDATION OF THE PARKS AND RECREATION COMMISSION DATE: January 25, 1983 SUBJECT: RECOMMENDATION TO INCLUDE TWO RECREATION YOUTH COUNCIL MEMBERS AS VOTING MEMBERS OF THE PARKS AND RECREATION COMMISSION RECOMMENDATION: Request, by unanimous vote of the Parks and Recreation Commission, that City Council approve an ordinance concerning the Parks and Recreation Commission's membership to be adjusted to incl ude two high school youth council members as voting members of the Co 11111i ssion, to be appointed by the two representatives from City Co unci l and the two representatives from the School Board for two year staggered terms. By request of the Englewood Parks and Recreation Co 11111ission Linda Wilks, Recording Secretary • t I • • - • • • • • • MEMORANDUM TO: ENGLEWOOD CITY COUNCIL REGARDING RECOMMENDATION OF THE PARKS AND RECREATION COMMISSION DATE: January 19, 1983 SUBJECT: RECOMMENDATION TO APPROVE THE PURCHASE OF A SILVER MAPLE TREE FOR THE GOLF COURSE RECOMMENDATION: Request, as required by rules of the Parks and Recreation Foundation Trust Fund, by unanimous vote of the Parks and Recreation Commission, that City Council approve the purchase of a Silver Maple tree for the golf course at a cost of $100.00, funds for which were donated by Dr. and Mrs. Robert c. Howard. By request of the Englewood Parks and Recreation Commission Linda Wilks, Recording Secretary • I • • - • • • • • • C O U N C I L C O M M U N I C A T I O N DATE AGENDA ITEM SUBJECT February 1 , 1983 ii. Tran sfer of Fu nd s to URA for 1982 Budget INITIATED BY Jirban Beoewal Autbori ty ACTION PROPOSED The City Council authorize transfer of funds to the Urban Re n ewal Authority account. BACKGRO UND: The 1982 Urban Renewal Authority budget was developed based on very preliminary estimates of administrative costs to carry out the redevelopment program. The original budget of $15 ,250 did not include funds for several printing of the Downtown R development Plan, nor did it include adequate funds for 1 gal services. Threw re xp nditures of $5,000above the budget, and th Urban Renewal Authority is requ atin that the City Co uncil transfer funds to the Urban Renewal Authority account to balanc the bud et. It th d th t th for th City Council authoriz $5 ,000 to be transferr d to 1982 budg t fro th Aid to 0th r Agency account. • I • • - • RESOLUTION NO. _J__ SERIES OF 1983 • • • A RESOLUTION AMENDING THE 1982 GENERAL FUND BUDGET AND AMENDING THE URBAN RENEWAL AUTHORITY BUDGET. WHEREAS, the City Council of the City of Englewood, Colo rado, requested the Englewood Urban Renewal Authority to become involved with financing the downtown redevelopment public improve- ments; and WHEREAS, the Englewood Urban Renewal Authority has re- quested additional funds for its 1982 budget primarily resulting from the need of additional legal service; and WHEREAS, the City Council of the City of Englewood wishes to provide additional funding for the Englewood Urban Renewal Au- thority from the General Fund of the City of Englewood; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Englewood, Colorado, as follows: Section 1. The following appropriations are hereby made i n the General Fund: Source of Funds General Fund Balance $ 5,000 Appl ication of Funds Englewood Urban Renewal Authority (City Council -Aid To Other Agen cies) $ 5,000 S ction 2 . The following appropriations are hereby authorized for the Englewood Urban Renewal Au hority as proposed: Source of Funds General Fund -City of Englewood $ 5 ,000 Appli c ation of Funds Legal Service $ 5,000 Section 3. The City Manag rand Direc or of Financ are hr by authorized to make the above changes to the 1982 Gen ral Fund Budget of the City of Englewood. ADOPTED AND APPROVED his ~~ day o f l 83. Eug n L. Otis, Mayor • , I • • ....... • • • • • -2- ATTEST: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Col o rado , do hereby certify that the above and fore going is a true, accurate and complete copy of Resolution No. , Series of 1983 . Gary R. Higbee • • I • • n - • • • • • C O U N C I L C O M M U N I C A T I O N DAT E AGENDA ITEM SUBJECT February 1, 1983 L Tr ansfer of Fun d s to URA for 1982 Budget I NIT IATED BY JJrb an Be ne wal Aut hority ACT I ON PROPOSED The City Council a u thorize tran sfer of funds to the Urban Renewal Authority account. BACKGROUND: The 1982 Urban Renewal Authority budget was developed based on very preliminary estimates of administrat ive costs to carry out the redevelopment program. The original budg t of $15,250 did not include funds for several printings of the Downtown R development Plan, nor did it include adequate funds for legal services. There wer xp nditure is requ ting th t th account to balance th RECOMMENDATIO: of $5,000 bove th budget, and the Urban Renewal Authority City Council transfer funds to the Urban Renewal Authority budget. It ia reco nded that th th Urban Ren wal for th City Council authoriz $5,000 to be transferred to 1982 budget from th Aid to 0th r Agency account. • • I • • - ( RESOLUTION NO. cB SERIES OF 1983 ~~ • • • A RESOLUTION AMENDING THE 1982 GENERAL FUND BUDGET AND AMENDING THE URBAN RENEWAL AUTHORITY BUDGET. WHEREAS, the City Council of the City of Englewood, Colorado , requested the Englewood Urban Renewal Authority to become involved with financing the downtown redevelopmen t public improve- ments; and WHEREAS, the Englewood Urban Renewal Authority has re- quested additional funds for its 1982 budget primarily resulting from the need of additional legal service; and WHEREA S , the City Council of the City of Englewood wishes to provide additional funding for the Englewood Urban Renewal Au- thority from the General Fund of the City of Englewood; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Englewood, Colorado, as follows: Section 1 . The following appropriations are hereby made i n the General Fund: Source of Funds General Fund Balance $ 5,000 Application of Funds Englewood Urban Renewal Authority (City Council -Aid To Other Agencies) $ 5,000 Section 2. The following appropriations are hereby authorized f o r t he Englewood Urban Renewal Authority as proposed: Sour c of Fund s Gene r al Fund -Cit y o f En gle wood $ 5 ,000 Application o Funds L al Se r vice $ 5 ,000 Section 3 . Th Ci y Manager and Di r ec o r of F in nee a r e h er by a u t h o r i zed to ma k h a b o v cha nge s t o h 1 98 2 Ge n e r a l Fun d Bu d g t of h Ci y of Eng le wood . ADO PTE D AN D APP OVED this da y of 1983 . Eug n L. O i•, Mayor • I • • - • • • • • -2- ATTEST: ex officio City Clerk-Treasurer I , Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No. , Series of 1983. Gary R. Higbee • I • • - • • • • C O U N C I L C O M M U N I C A T I O N DATE AGENDA ITEM SUBJECT. Fund "T ransfer to Urban Renewal Authority for February 3, 1983 Property Acquisition and Hou se Relocation. INITIATED BY Englewood Urban Renewal Authority ACT I ON PR OPOSED Transfer of $260 ,000 from the City Public Improvement Fund to Urban Renewal Authority for the purchase of property required for the Little Dr y Creek Flood Improvement Project and relocation of the house on said property. INTRODUCTION AND BACKGROUND: City Council adopted the Englewood Downtown Redevelopment Plan (Urban Renewa l Plan) on Augu s t 23, 1983, and a mended that Plan on December 21, 1982. This Plan i nd icated that certain properties would be required for the Flood Control Improvement Proje ct along Li ttle Ory Creek and would need to be acquired by the Urban Renewal Authority. City Council has previously expressed the desire for the Urban Renewal Au thority to b the agency whi c h will acquire property and conduct other activities i n furth erance of th Downtown Redevelopment Plan . Since bonds have not a s yet been is ued for th public i mprovement projec ts outlined in the Plan, it will be ne cessa r for City Council to transfer fund to the Urban Ren wa l Authority to accomplish any imm d iate prop rty cquisition and related act i vit ies wh ich may be deemed appropriat Fund hav b n appropriated in the 1 982 Budg t, specifically to the Public Improv - nt Fund, for ctivities associated wi th the imp r ovem nt of Little Dry Creek. Staff ha conducted n gotiationa with the own rs of 3787 South Clark on Street for th purch of their prop rty. A selling pric h b n ar r ived at which is accept ble to both th own rs and th Urban Rn w l Authority. Staff has also d train d th t th aain re idential atructur on th abov property i capable of being mov d, r habilit t d, and old to h lp th Urban Rn wal Authority recoup a portion o th cot of acquisition. RECOMMENDATION: into account other actors that st ff haa llin price, end eatilll8tin co,ta , it is reco nd d that • I • • - C • • • • RES OLU TION NO. SERIES OF 1983 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. WHEREAS, the City Counc i l of the City of En glewo od, Colorado , a dopted the Englewood Downtown Redevelopment Plan on August 23 , 1982, and amended that Plan on December 21, 1982, and WHEREAS, the City Coun cil of the Cit y of Englewoo d determined t ha t any necessary property acquisi t ion and related activit ies for t h e im- plementation of said Plan should be accomplished by the Englewood Urb an Renewal Authority, and WHEREAS, the Englewood Urban Renewal Authority has requested through Resolution a transfer of funds to accomplish land acquisition and rela ted activities consistent with the Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, that 1983. ATTEST: Section 1. The following appropriation of funds is hereby made in the Public Improvement Fund. Application of Funds Littl Dry Creek Englewood Urban Renewal Authority $ (260,000 ) $ 260,000 S c tion 2. Th City Manager and Dir ctor of Finan ce ar he r e by authoriz d to mak the above changes to the 1983 budget o f the Ci t y of En g l wood. ADOPTED AND APPROVED THIS d y of ---------- Ma yor ex officio City Cl rk-T reas ur er • I • • - • • • • • RESOLUTION NO. SERIES OF 1983 4 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. WHEREAS, the City Council of the City of Englewood, Colorado, adopted the Englewood Downtown Redevelopment Plan on August 23, 1982, and amended that Plan on December 21, 1982, and WHEREAS, the City Council of the City of Englewood determined that any necessary property acquisition and related activities for the im- plementation of said Plan should be accomplished by the Englewood Urban Renewal Authority, and WHEREAS, the Englewood Urban Renewal Authority has requested through Resolution a transfer of funds to accomplish land acquisltlon and related activities consistent with the Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, that 1983. ATTEST: Section 1. The following appropriation of funds is hereby made in the Public Improvement Fund. Application of Funds Little Dry Creek Englewood Urban Renewal Authority Section 2. $ (260,000) $ 260,000 The City Manager and Director of Finance are hereby authoriz d to make the above changes to the 1983 budget of th City of Englewood. ADOPTED AND APPROVED THIS~~ day of ~~~~~~~~~- Mayor ex officio City Clerk-Tr e1urer n I • • - [ , • • • C O U N C I L C O M M U N I C A T I O N DATE AGENDA ITEM SUBJECT. Fund ~ransfer to Urban Renewal Author ity for February 3, 1983 Property Acquis i t i on and House Relocation. INI TIATED BY Englewood Urban Renewal Au thority ACTION PRO POS ED Transfer of $260,000 from the City Pub lic Imp rovement Fund to Urban Renewal Authority for the purchase of property requ i red for the l.i ttle n r y Cr eek Flood Improvement Project and relocation of the house on said property. INTRODUCTION AND BACKGROUND: City Council adopted the Englewood Downtown Redevelopment Plan (Urban Renewal Plan) on August 23 , 1983, and amended that Plan on December 21, 1982. This Plan i nd icated that certain properties would be required for the Flood Control Improvement Project along Little Dry Creek and would need to be acquired by the Urban Renewal Author i t y. City Co uncil has previously expressed the desire for the Urban Renewa l Authority to b the agency which will acq u ire property and conduct other act i vit ies in furtherance of th Downtown Redevelopment Plan. Since bonds hav not as yet been issued for the public improvement projects outlined in the Plan, it will be nece ar for City Cou nc il to transfer funds to the Urban Renewal Authority to accomplish any 1 dist prop rty acquis ition and rel ted activities which may b deem d ppropriat Fund hav be n appropr ated in the 1982 Budget, p cifically to the Pub lie Improv - nt Fund, for activities associated with th improvem nt o[ Littl Dry Cr k. Scaff has condu ct d n gotiations with th o, r s of 3787 South Cl rk son Str t for the purchase of their property. As lling price has be n arriv d at which is cceptabl to both the own r s and th Urban Ren wal Authority. Scaff ha al o detenain d that th main r sidential tructure on th bov prop rly i cap bl of bin& mov d , rehabilitated, nd 1old to h lp th Urban Rn w 1 Authority recoup a portion of th cot of acqui ition. RECO AT!ON: • ) I • • - • r ORDINANCE NO • ----SERIES OF 1983 • • - BY AUTHORITY 111 COUNCIL BILL NO. 62 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE REPEALING AND REENACTING CHAPTERS 1, 2 , 4, AND 9 OF TITLE III, OF THE 1969 ENGLEWOOD MUNICIPAL CO DE, RELATING TO BUILDING REGULATIONS," AND ADOPTING BY REFERENCE THE UNIFORM BUILDING CODE, 1982 EDITION, THE UNIFORM MECHANICAL CODE, 1982 EDITION, AND UNIFORM PLUMBING CODE, 1982 EDITION, AND REPEAL I NG ALL ORDINANCE OR PARTS OF ORDINANCES IN CONFLICT THEREWITH. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLO WS: section :.. That Chapter 1, and Chapter 2, Title Ill, of Lhe '69 E.M.C . .i:s hereby re- pealed and reenacted to read as follows: 3-1-1: TlT LE III BUILDING REGULATIONS CHAPTER 1 BUILDING CODE AND ADMINISTRATI ON TITLE AND PURPOSE This tit l e shall be referred to and known as the "Building Code of the City of ) Englewood" and is enacted to provide mi nimum standards to safeguard life and limb and promote the public health, welfare and safety of the citizens of the City of Engle- wood, and of the public generally, by regulating and controlling the design, construction' quality of materials, use and occupancy, loc ation and maintenance of n11 hui1dini;s , structures and utilities wi thin the City and certain equipment specifically regulated herein. 3-1-2: !iCOPE The provisions of this code s-hall apply to the construction, alterat ion, moving, demolition, repair and use of any bui lding or structure within this jurisdiction, except work located primarily in a public way, public utility towers and poles, mechanict' equipment not sp cifically regulated in this code , and hydraulic flood control structure1' Additions, alt rations, repairb nd chang a of use or occup ncy Ln Jll buildings and structures ah 11 comply with th provisions for new building and bLruc Lur s exc pt aa otherwia provided in S ctions 3-1-3, 307, and 502 of this c od . Where, in any sp cific cas, differ nt sections of Lhis cod specify differ nt materials, m thods of construction or other requirem nts, th most r strict ve shall overn. Wh re there is a conflict b tween a general requirem nt and a p cific re- quir ment, the ap cific requirem nt h 11 b applicabl. Wherever in this code referenc LS d to th app ndix, th provis one in th appendix shall not apply unless specifically adopted. 3-1-3: APPLICATION TO EXISTING BUILDINGS (a) n ral. Build na and Lructurea to which dd ton , all rt una or repa rs ara m de shall comply with all the requir m nta of this cod for • I • • • • • - new facilities except as specifica lly provided in this section. Se c Scc:L i on 1210 for provisions requiring instal lation of smoke detecto r ,; in e x i ,.,Lin ;_; Group R, Division 3 Occupancies . (b) Additions, Alterations or Repairs. Additions, altera tion,; or repairs may be made to any building or structure without requiring Ll110 existing building or structure to c omply with all the requiremenL 1, 01· Liu s code provided the addition, altera U.on or repair co n f unn,; tu Lha L , '''I",, ,·d for a new building or structure. Additions, alterations or repair s ,;I dll not cause an existing building or structure to become unsafe or over loaded. Any building so altered, which involves a change in use or occupancy, shall not exceed the height, number of sto ries and area specified for n e w building1,. (c) Alterations or repairs to an existing building or structure which are nonstructural and do not adversely affect any structural membe r or any part of the building or structure having required fire resistance may be made with the same materials of which the building or structure is consLructcd. EXCEPTION: The installation or replacement of glass shall be as required for new installations. (d) Nonstructural items include but are not limited to plumbing, mechanical and electrical installations. (e) Existing Occupancy. Buildings in existence at the time of the adoption of this code may have their existing use or occupancy continued , if such use or occupancy was legal at the time of the adoption of thi s code , provided such continued use is not dangerous to life. (f ) Any change in the use or occupancy of any existing building or structure shall comply with the provisions of Sections 307 and 502 of Lhis code. (g) Maintenance. All buildings and structures, both exist ing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by this code 1,hall be maintained in conformance with the code editions under which installed. The owner or his designated agent s hall be responsible for the maln LcllJllLC of buildings and structures. To determine compliance with this subse cLion , the building official may cause any structure to be reinspected. (h) Moved Buildings and Tempor ary Buildings. Buildings or structures moved into or within the jurisdiction shall comply with the provi~ion~ of this code for new buildings or structu res. (i) Temporary structure buch as r viewing st nd and oth r misc llan ous structures, sheds, cano pies or fences us d for the proL ction of cted by Such the public around and in conjunction with construction work may be er special permit from the building offic ial for a limited period of tim buildings or structures ne d not comply with the type of construction or fir -resistive time periods required by code. Temporary building s o structures shall b completely r move d upon the expiration of the time l1m1l tat din the p rmit. -2- • I • • • • , • • • • (j) Historic Buildings. lle;pairs, alterations and udd.i.L.i.un :, t1l:u;:,:-J L Y for the preservation, restoration, rehabilitation or continued u se; o r" building or structure may be mad e w.i.tho ut conformance to all thi, L"c;qu.t1 c:11 1c;11L ;, of this code when authorized by the building official, provided: (1) The building or structure has been designated by official action of the legally constituted authu r.tL y of this jurisdiction as having special histor .i.c .11 0 1 architectural s .i.gnificance. (2) Any unsafe conditions as described in this code are corrected. (3) The restored building or structure will be no more hazardous based on life safety, fire safety and sanitation that the existing building . 3-1-4: ALTERNATE MATERIAL AND METHODS OF CONSTRUCTION (a) The provisions of thi s code are not intended to prevenL Lhe use of any material or method of construction not specifically presc r.tb(!d by this code, provided any alternate has been approved and its use autho rized by the building official. (b) The building official may approve any such alternate, provided he finds that the proposed design is satisfactory and complies wi th Lhe provisions of this code and that the material, method or work offered .ts, for the purpose intended, at least e quivalent of that prescribed in Lhis code in suitability, strength, effectiveness, fire resistance, <lurJ b .tl.i.L y , safety and sanitation . (c) The building official shall require that sufficient evidence or proof be submitted to subs tant iate any claials that may be made regarding its use. Th• details of any action granting approval of an alternate s hall be recorded and entered in the files of the code enforcement age ncy. 3-1-5: MODIFIC ATIONS Whenever there are pr ctical difficulties involved in carrying ouL the provision& of thia code, the building official may grant modifications for individual case, provided he shall first find that a special individual reason kes the strict latter of this code impractical and that the modifica- tion is in conformity with th spirit and purpoae of this code and that such modification does not lass n any f ire protection requirement s or any deGree of structural inte rity. Th deta il of any action granting modific tiona sh 11 b record d and ntered n Lhi, files of the cod enforcement iency. 3-1-6: TESTS of do y jur (a ) n var th r ia nsuffici nt avidanca of complianc w ch any the prov aions of this code or evidence that any material or con.truce on not onfora to th r quirements of this cod , the building offici l requ ra t at •• proof of compliance to be ude at no xp naca Lil Lhh sd1ct on. -3- • I • • • • , • • - (b) Test methods shall be as specified by this code or by uLlaer recognized test standards . If there are no recogni zed and nc ccp t,·d l!'::l met hods fo r the proposed alternat:.e , the building of f ic ial shall dt:L t:r111 .1.1H.: test procedures . (c) All tests shall be made by an approved agency. ReporL b of such test shall be retained by the building official for t:.he pe riod requ ired for the retent ion of public records. 3-1-7: DUTY TO COMPLY WITH CODE (a) It shall be the duty of all officers and employee s of Lhe City of Englewood to cooperate in the enforcement of the Building Code. Such cooperation shall include any ass ist ance that may be required for Lhe en- forcement of the Building Code. (b) A variance granted by the Board of Adjustment and Appeals shall become null and void if the permit is not obtained and the work st:1rLed within six (6) months from the date the variance is granted. (c) No oversight, neglect o r dereliction on the part of the building inspector or any authorized assistant shall authorize violation of this code. Esch day a violation is continued constitutes a separate offense. (d) The building inspector or any employee charged with the enforce- ment of this code, acting in good fa ith and without malice for the city in the discharge of his duties, shall not thereby render himself liabl e person.1lly and he is hereby relieved from a ll personal liability for any dama ge LhaL may accrue to persons or property as a result of any act required or by rc:1:,on of any act or omission in the discharge of his duties. Any suit brought against the building inspector or employee because of such act or om1.s:,ion performed by him in the enforcemenL of any provisions of this code bhJll l,c defended by the legal department of the Ci ty until termination of the pro- c eedings. (e) This code shall not b cons trued to relieve from or lessen Lh responsibility of any person owning, operating or controlling any bu.1.lding or structure for any damage s to persons or property caused by defects, nor sh 11 the code enforcement agency or its parent jurisdiction be held as .lbsum.1.ng any such liability by rea son of the inspections authorized by thi code or any certificates of inspection issu d under this code. 3-1-8: DEFINITIONS (a) The tana "Building Code" ahall Man thie antire title nd econdary code or cod I adopted her in. (b) Wh r th t rm "Dap rL nt", "D vision", "B uilding D p rt nt", "Building Diviliion" ii uaed in thia title or any cod in thia t tl , this ahall man the Chief Building Inap c cor, or hi• authorized r pr nl tiv . 3-1-9: C TIO O BUILDI NG DIVISION; CKIEF BUI LDING INSPECTO~ (a) Th r h 11 b nd ia hr by tabliah Co unity Development, a Buildin& Division. nt o (b) Th Division hall b iniat rd by a Chia Buildin lnap tor • ) I • • - • • , I [ I I • • ,· • appointed by the City Manager in c.:o mpliance with Career Serv ice p1·uvJ.:,lum, contained in this code and whose po wers and duties are hereina f t cr de· r i 11, ·d. The Chief Building Inspector shall be a professional enginee r re gi:,Lcrc<l by the State of Colorado, an archit ect licensed by the State of Color.,c\., '" superintendent of construe tion o [ no t less than five (5 ) years ' c:x pc 1. J.c11c.c , or have a comparable and suitable c ombination of education and expe rience. (c) The City Manager sha l.1 be empowered to appoint deputi c,, nt Lil<' Building Inspector in the event of the Inspector's absenc.:e, disab ilJ.L Y u r his need for assistants to carry out his functions. The deputies shall be vested with such authority as the Inspector lawfully possesses. 3-1-10: IDEN TIFICATION Each employee of this Division shall be provided by the City with an identification card bearing a photograph of the employee and in(or111aLion required by the Chief Building Inspector. Such identific at ion card shall also bear the authority granted herein. Such card shal l be c arr ied by the person so identified and shall be u sed when necessary to properl y LdcnLify himself while performing his off icia l duties. 3-1-11: GENERAL POWERS AND DUTIES (a) The Building Division shall administer and enforce this Building Code and all other ordinances and codes which may hereafter be ass igned to the Division for enforcement and administration. There are hereby vested to the Division the duty of enforcing and administering this Building Code and all powers necessary for such enforcement. (b) Inspectors; Authority. Such inspectors, assistants and other employees as shall be required and authorized in the annual budget shall be appointed and assigned to the Div ision in accordance with the prov isions of the Career Service Rules a s contained in this code. Inspectors shal l hav e such authority as the Chief Building Inspector lawfully possesses in c.irrying out their assigned duties. (c) Records . The Ch ief Bu ilding Inspector shall maintain records of appl ications for permit s , permits issued, certificates of occupan cy, in spections and investigations, applications for licenses , license :, i:,s ued, f ees collected and other informat ion that may be requ ired. He shall make such reports to the Dir~ctor of Community Development concerning the activities of the Division, violaLions of the Building Code and such other matters as may be required. (d) Public Inspection of R cords. General file records of the Building Division hall b op n for public inspection but y noL be removed. Specific investigation r cords on individual cases and licens applications ar not open to the public exc pt by direction or th City Manag r or order of court. () Authority to Inap ct. 1'h Chief Building In11p ctor, or his authorized r pies ntativ , shall h ve the authority to inspect or c use to be insp ct d for compli nee with the Building Code, 11 building", structures or utilities. -5- • ) I • • - ( • • • • (f) Investigations and Surveys. Incidental LO any oi Lhc :,L <.luLi c :, ,.t11d powers, buL without limitation of same, the Chief Bu ild1.n lnsp c. L <11 sh;1 J l conduct investigations and surveys to determine compl nee or non1..u1 11µ!1.J1H.:c with the provisions of the Building Code and shall inv • ligate or , ,111s,· 111 be investigated all accidents perta i ning to buildin s, btru1..Lur~:,, u, L,L1.L1.c:, for the purpose of ascertaining whether the requ irement of th llu !din,; Code have been violated. (g ) Right of Entry. Incidental to such inspecL1.ons, .1.nvc t>Ll.gJLl.oll:, and surveys, the Chief Building Inspector may enter into and upon and cause any land, building, structure or utility to be inspect d and examined. The right to entry and inspection may be enforced by app lication to and proper orders from a court of proper jurisdiction: according ly refusal of ac cess constitutes contempt of court. (h) Stop Orders. Whenever any work is being perf ormed conLrary to the provisions of this Building Code, the Chief Building I nspector may order the work stopped by notice in writing served on any person s engaged in such work and/or causing such work to be performed. The order shall be given to the owner or licensee or lheir agents. lt shull be unl uwful lo ,· any person to proceed with such work until the corrective work require d to be performed by such notice is complied with within the time specified. (i) All buildings or structures regulated by this code whi ch are structurally unsafe or not provided with adequate egress, or which c onstitute a fire hazard, or are otherwise dangerous to human life are, for the purpose of this section, unsafe. Any use of buildings or structures constitu ting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or aband onment is , for the purpose of this section, an unsafe use. Parapet walls, cornices, spires, towers, tanks, statuary and other appendages or structural members which are supported by, attached to, or a part of a building and which arc in deteriorated condition or otherwise unable to sustain the design loads which are specified in this code are hereby designated as unsafe building appendages. All such unsafe buildings, structures or appendages are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demo- lition or removal in a ccordance with the procedures set forth in the Oungerou,; Buildings Code or such alternate procedures, as may have been or as may be adopted by this jurisdiction. As an alternative, the building official, or other employee or official of this jurisdiction as designated by the governing body , may institute any other appr opriate action to prevent, restrain, correct or abate the violation. 3-2-1: CHAPTER 2 CODE ADOPTED There is hereby adopted as the Building Coda of the City of Englewood, Colorado, by ref rence thereto, the Uniform Building Code, 1982 Edit ion , by the International Confer nee of Building Officials, including appendices , with th same force and effect as if the same were fully set forth herein, ubject to the exceptions, modifications and a .. ndaents thereto as herein- after sat forth. -6- • I • • - • , • • • - 3-2-2: SPE CIFIC CHA NGE S IN ADOPTED COD E (a) The following speci fic changes, modifica tions and amen cl me n Ls -i ce hereb y mad e i n the provi sion of the Unlform Bu i l ding Co<lc, 1982 Ed.i L iu11 , he r einab ov e adopted : (1 ) Delete Chapters 1 and 2 . (2) ADDITION: Sect i on 302 (a) page 3 1, APPLICATION. Add second paragraph . Authorized Ap pl icants. Only persons, f irms , or corporations duly licensed under the terms and provis i o n s of this Building Code may apply for a permit, and such licen sees may apply and b e issued permits to perfo rm only such work as they are entitled to perform under their r espective licenses. An y application for permit filed in deroga- tion of this c h apter or Building Code shall be deemed to have been filed falsely and shall be invalid notwith- standing the for egoing, and in addition there Lo Lhc follow- ing persons shall be deemed to be authorized applicants: (a) Any person who owns a R-3 or M-1 buildi n g may make application for a permit to enlarge, remodel, alter, repair, i mprove, convert or de1110lish such building. Upon the issuance of a permit hereunder, all work shall be performed in accordance with all the requirements of this Building Code . (b) Any person who owns a property and wishes to cons truct or erect an R-3 or M-1 Occupancy building or struc- ture on said property for his own occupancy may make application for a permit for such building or structure. Only one (1) such owner's permit may be i ssued t o t he owner in a twelve-1110nth per iod. An y person wh o does not occupy said building within ninety (90 ) day s after ita conatruction shall be dee med a contractor and shall be required to qu alify as such, including payment of all applic ab l e f ees. (3) Sect ion 304 (a), Page 30 PERMI T FEES. Add the following paragraph: The City of Englewood, Arap ahoe County, State of Colorado, nd the United States of America shall be exempt fro payment of fee s . (4) Sect on 1807 (a ), Page 110, SCOPE. D l te the l s t sent nee and add the followin g aentence: (5) Such buildings shall be prov ided with an automatic aprinkler system in accordance with Section C. Section 1807 (1) page 114 , ~S OF REFUGE (comp rL nta- tion) ALTERNATE. Delete entir e Section. -7- • ) I • • • , • (6) 3-2-3: • • • Section 3802 (b), page 583, ALL OCCUPANCIES EXCEPT GROUP R, DIVISION 3 and GROUP M. Add the following paragraph as item 5: In all buildings which are 50 or more feet in height (as defined in Chapter 4 of the 1982 Uniform Building Code) or which comprise more than four stories irrespective of heig ht. EXCEPT: GROUP B OCCUPANCIES CLASSIFIED EXCLUSIVELY AS OPEN PARKING GARAGES IN ACCORDANCE WITH SECTION 709 OF THE 1982 UNIFORM BUILDING CODE. APPEALS WHENEVER THE CHIEF BUILDING INSPECTOR SHALL DISAPPROVE AN APPLICATION OR REFUSE TO GRANT A PERMIT, OR DISAPPROVE AN APPLICA- TION FOR MODIFICATION TO THIS CODE OR WHEN IT IS CLAIMED THAT THE PROVISIONS OF THE UNIFORM BUIL6ING CODE, 1982 EDITION, DO NOT APPLY IN THE MANNER IN WHICH THE CHIEF BUILDING INSPECTOR DETER- MINES, OR WHEN IT IS CLAIMED THAT THE TRUE INTENT AND MEANING OF THE CODE HAVE BEEN MISCONSTRUED OR WRONGLY INTERPRETED BY THE CHIEF BUILDING INSPECTOR, OR WHEN IT IS NECESSARY TO DETERMINE THE SUITABILITY OF ALTERNATE MATERIALS OR METHODS OF CONSTRUCTION, ANY PERSON MAY APPEAL FROM THE DECISION OF THE CHIEF BUILDING INSPECTOR IN WRITING TO THE BOARD OF ADJUSTMENT AND APPEALS WITHIN THIRTY (30) DAYS FROM THE DATE OF THE DECISION APPEALED. SU CH APPLICATION FOR APPEAL SHALL BE MADE TO THE SECRETARY OF THE BOARD OF ADJUSTMENT AND APPEALS. THE BOARD SHALL REVIEW THE DECISION OF THE CHIEF BUILDING INSPECTOR AT ITS NEXT REGULAR MEETING, AND RENDER A FINAL AND BINDING DECISION THEREON. IN CONSIDERING SU CH APPEALS, THE BOARD OF ADJUSTMENT AND APPEALS SHALL HAVE THE POWERS GRANTED TO THE CHIEF BUILDING INSPECTOR . Section 2. Chapter 4, Title III of the '69 E.M.C. is hereby repealed and reenacted to read as follows: 3-4-1: UNIFORM MECHANICAL CODE ADOPTED Ther is hereby adopted by reference thereto the "Un iform M ch nic 1 Cod", 1982 Edition, published by the International Association of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601, with the same force and effect as if th same w re fully set forth herein, subject to the exceptions, modi ications and amendm nts thereto as hereinafter set forth. -8- ) I • • • ' • • • • 3-4-2: SPECIFIC CHANGES IN ADOPTED CODE (a) The following specific changes, modifications and amend- ments are hereby made in the provisions of the Uniform Mechanical Code, 1982 Edition, hereinabove adopted: (1) Section 304 (a), page 19, PERMIT FEES. Add to the end of the first sentence, "of the Uniform Building Code". (2) Section 304 (b), page 19, PLAN REVIEW FEES. Add t o the end of the second and third sentences, "o f the Uniform Building Code". (3) Sec t ion 305 (f), page 21, REINSPECTIONS. Add to the end of the sentence of the fourth paragraph, "o f the Uniform Building Code". (4) Table No. 3-A, pages 22, MECHANICAL PERMIT FEES. Dele t e this permit schedule . (5) Section 801, page 61, SCOPE . Delete "floor Furnace" in the first paragraph. (6) Section 802, page 61, GENERAL. Delete the words, "floor fur nace" where it appears in this section. (7) S ction 80 4, page 62, FLOOR FURNACES. Delete the entire section and substi ute : "Floor and Dual Floor Furnaces - th installa ion of floor and dual floor furnaces pro- hibited ." (8) S c ion 1801, p s follows: 127 , GENERAL. Add a second paragraph "Appl1.c ions p rmits to construe commercial incin r tors mu approved by the Air Pollution Depart- m n of th St of Colorado, Tri-County H alth Department nd th Fir D pr m nt of the City of Englewood prior to construe ion." -9- I • • - ( • • • • (9) Se c tion 21.l4 , page 270, OPERAT ING PEHMJ'I'. 11<•1 <:t,· l.!111 irv se ction. (10) Se LLi on 2125, page 270, Maintenanc:e lnspect.1.un. Jlc,Jc,Ll! en tire section. (11) Se ction 2126, page 270, OPERATION AND MAINTENAN CI'. OF BOILERS AN D PRE SSURE VESSELS, Del<,te enllrc, ~ec:Llu11. Section 3. Chapter 9, Title III , of the '69 E,M.C, is hereby repealed and reenacted to read as fol lows : 3-9-1: UNI FO RM PLUMBING CODE ADOPTED There is hereby adopted by reference thereto the Uniform Plumbing Code, 1982 Edition, pub lished by the International Association of Plumbing and Mechani c al Officials, 5032 Alhambra Avenue, Los Angeles, California 90032, together with the appendices contained therein, with the same force and effect as if Lite same were fully set forth herein, subj e ct to the exceptions, modificut l o m, .111<1 ..imc11<l111enL" thereto as hereinafter set forth . 3-9-2: SPECIFIC CHANGES IN ADOPTED CODE (a) The following specific changes, modifications and amendment s are hereby made in the provisions of the Uniform Plumbing Code, 1982 Edition, hereinabove adopted, (1) Section 401 (a) (2) delete "structures wher e c:ombustionable construction is allowed." Insert "residential construction not more than two stories in height." (2) Section 910, page 69, PLUMBING FIXTURES REQUlRED . Add a second paragraph as follows: Food waste disposer mandatory. New structures arranged or intended to be used for pu rposes whi ch develop food wastes in the direct preparation of food in occupancies, such as dwellings, restaurants, hotels, boarding houses, hospitals and similar occupancies, shall provide food waste disposal equipment for such within the premises. Existing structures converted or altered to the uses described above need not meet the requirements of this section unless such structures are provided with new facilities for the above purposes. (3) Appendix C, pages 152 -153, MINIMUM PLUMBING FACILITIES. Add a new paragraph as follows: Food wast dispober mandatory. ew structures arr nged or intended Lo be used for the purposes which develop food wastes in the direct preparation of food in occupancies, such as dwe llings, restaurants, hotels, boarding houses, hospitals nd similar occupancies. shall provide food waste disp osal equipment for such purposes within the premises. Existing structures converted or altered to the uses described above need not meet the requirement• of this ae ct ion unless such atructurea are provided with new facilitie s for the above purposes . -10- • I • • - • f ( • • • • Section 4. Notice of public hearing shall be publishe d tw ice , ol"ce at le2st fifteen (15) days preceding date of hearing an d 0nce at least eight (8) days preceding date c,f hearing, which n0t1 ce shall state the subject matter of the Code, time and pla ce of hearing , and that copies of the foregoing Code are on fil e wit h llie Clerk and open to public in spection, and the name a nd addr ess c,f the agency by which said Code h as been promulgated. Section 5. Not less than three (3) copies of each Code described herein shall be certified to be true copies of said Code by the Mayor and the Clerk and filed in the office of the Clerk at least fifteen (15) days prior to public hearing and subject to public inspection at all times while said Code is in full for ce and effect . The Clerk shall maintain at all times reasonabl e copies of the Code available for purchase by the public at moderate price, Section 6. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, o r maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Code. Section 7. That all ordinances and parts of ordinances of the Cit y of Englewood in conflict or inconsistent herewith are hereby repealed. Introduced, read in full, and passed on first read ing on the 21st day of December, 1982. Publ ish ed as a Bill for an Ordinance on the 22nd day of December, 1982. Am ended and passed as amended on the 17th day of January, 1 983. Published as amended on the 19th day of January, 1983. Read by title and passed on final reading on the 7th day of February, 1983. Published by title as Ordinance No.~~~~' Series o f 1983, on the 9th day of February, 1983. Eugene L. Otis, Mayor Attest: ex officio City Clerk-Treasurer 11 • I • • - • ' • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of EPglewood, Colorado , hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1983. Gary R. Higbee 12 • I • • - • • f ORDINANCE NO. ~ SERIES OF 1983 • • - BY AUTHORITY 111 COUNCIL BILL NO. 62 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE REPEALING AND REENAC 'rING CHAPTERS 1, 2, 4, AND 9 OF TITLE III, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, RELATING TO BUILDING REGULATIONS," AND ADOPTING BY REFERENCE THE UNIFORM BUILDING CODE, 1982 EDITION, THE UNIFORM MECHANICAL CODE, 1982 EDITION, AND UNIFORM PLUMBING CODE, 1982 EDITION, AND REPEALING ALL ORDINANCE OR PARTS OF ORDINANCES IN CONFLICT THEREWITH. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS: section :.. That Chapter 1, and Chapter 2, Title Ill, of the '69 LM.C . .is hereby re - pealed and reenacted to read as follows: 3-1-1: TITLE III BUILDING REGULATIONS CHAPTER 1 BUILDING CODE AND ADMINISTRATIO N TITLE AND PURPOSE This title shall be referred t o and known as the "Building Code of the City of Englewood" and is enacted to provide minimum standards to safeguard life and limb and promote the public health, welfare and safety of the citizens of the City of Engle- wood, and of the public generally, by regulating and controlling the design, c onstruction quali ty of materials, use and occupa ncy, location and maintenance of n l l h uil d inAS , struc tures and utilities wi thin the City and certain equipment specific ally regulated herein. 3-1-2: SCOPE The provisions of this cod e ~ha ll apply to the construction, alteration, moving , demolition , repair and use of any bu ilding or structure within this jurisdiction , except work located primarily in a public way, public utility towers and poles, mechanic, equipment not specifically regulated in this code, and hydraulic flood c ontrol struc turef Additions, alterations, repairs nd changea of use or occupancy i n u ll bul l dinga and structures shall comply with the p rovisions for new buildings and bt ruc Lur a except as otherwise provid din Sect ions 3-1-3 , 307, and 502 of this cod . Where, in any sp cific ca , di ff er nt sections of Lhis cod spec ify d ffer nt materiala, method s of construction or other requirements, the most restrictive shall govern. Where there is a conflict b ewe n a general requirem nt and asp cific re- quirement, the specific requirem nt hall be applicable. Wherever in thi1 coder ferenc i m d to the appendix, th provis ions in th appendix shall not apply unle11 apecifically adopted. 3-1-3: APPLICATION TO EXISTING BUILDIN GS (a) G neral. Buildin&s and bLructurea to which addit on1, alL r cion or repair& are made ,hall comp ly with all the requirem nt1 of this code for I • • , • • • - new facilities except as specifically provided in this sec tion. Sc" Scc Li u11 1210 for provisions requiring insta llation of smoke detec t o rs .in e x i ,,Li 11 0 Group R, Division 3 Occupancies. (b) Additions, Alterations or Repairs. Additions , alterat i ons o r repairs may be made to any building or structure without requiring Lil '-' existing building or structure to comply with all the requiremen u , ol L Id ,; co de provided the addition, alteruL.io n or repair co n Coi:111,; to Ll1uL I v ,1" 1 1 ,·d for a new building or structure. Ad ditions, alterations or repair s :.h d ll not cause an existing bui lding or s tructure to become unsafe or overloaded. Any building so altered, which involves a change in use or occupancy, shall not exceed the height, number of sto ries and area speci fied for new buildings. (c) Alterations or repairs to an existing building or structure which are nonstructural and do no t adversely affect any structural membei: or any part of the building or structure having required fire resistance may be made with the same materials of which the building or structure is const ructe d. EXCEPTION: The installation or replacement o f glass shall be as required f or new installations. (d) Nonstructural items include but are not limited to plumbing , mechanical and electrical installations. (e) Existing Occupancy. Buildings in existence at the time of the adoption of this code may have their existing use or occupancy conLinued, if such use or occupancy was legal at the time of the adoption of this c ode, provided such continued use is not dangerous to life. (f) Any change in the use or occupancy of any existing bu ilding or structure shall comply with the provisions of Sections 307 and 50 2 of Lhis code. (g) Maintenance. All buildings and structures, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condi tion . All devices or safeguards which are required by thi s code 1,hall be maintained in conformance with the code editions under which installed. The owner or h!.s designated agent shall be responsible for the mainLenJnL u ur buildings and structures. To determine compliance with this sul>se c Li o n, the building official may cause any structure to be reinspected. (h) Koved Buildings and Temporary Buildings. Buildings or s truc tur s moved into or within the jurisdicL ion shall comply with the prov i 1>l on. o { tl is code for new build ngs or structures . (i) Temporary structures &uc h as reviewing stands and oth r miscellaneous structur s, sheds, c Jnopies or fences u d for the pro L c t.ion of th public around and in conjunctio n with con struction wor k may be ere ted by special p rmit from th building o fficial for a limited p riod of ti Such buildings or structures need not comply with tha typ of construct i on or fire-r aistive time period requi red by cod Temporary buildings o r structures shall b completely r mo v d upon the expiration of the L:i.mi: l.L nu.L stated in the permit. -2- • I • • ~n , • • • • (j) Historic Buildings. llc.:pair s, alteration s and addiLiun :, i,c:cc::_.:_.J cy f or the preservation, restoration, rehabilitation or continued u se or ., building or structure may be mad e wi thout conformance to all Lhc, cc:qui.1:c:111c:uL:, of this code when authorized by the building officia l, provided: 3-1-4: (1) The building or structure has been designated by official action of the legally constituted auth uri.Ly of this jurisd iction as having special historic,,I 111 architectural significance. (2 ) Any unsafe conditions as described in this code are corrected. (3) The restored building or structure will be no mot·e hazardous based on life safety, fire safety and sanitation that the existing building . ALTERNATE MATERIAL AND METHODS OF CONSTRUCTION (a) The provisions of thi s code are not intended to prevenL Lhc use of any material or method of construction not specifically presccibc:d by this code, provided any alternate has been approved and its use authorized by the building official. (b) The building official may approve any such alternate, provided he finds that the proposed design is satisfactory and complies with the provisions of this code and that the material, method or work offered is, for the purpose intended, at least equivalent of that prescribed in this code in suitability, strength, effectiveness, fire res istance, durJ bi.liLy, safety and sanitation. (c) The building official shall require that sufficient evidc.:n cc, or proof be submitted to substantiate any claims that may be made regarding its use. The details of any action granting approval of an alternate shall be recorded and entered in the files of the code enforcement agency . 3-1-5: MODIFICATIONS Whenever there are practical diff iculties involved in carrying ouL the provisions of this code, the building official may grant modifications for individual case~ provided he shall first find that a special ind vidual reason makes the strict letter of this code impractical and that the modifica- tion is in conformity with the spirit and purpose of this code and that uch 1110dification does not lessen any fLre protection requirement s or any degre of structural integrity. The deta ls of any action granting modifications shall be record d and ent red in Lhl! file1t1 of th code enforce nt •ency. 3-1-6: TESTS (a) Whenev r there is insufficient evidence of compliance w~th any of th provisions or this code or vidence that any material or conwLruction dos not conform to the r quir m nt of thia code , the building offic i l may require tests as proof of complianc to be ude at no xpens Lo Llu.i; juriadiction. -3- • ) I • • " • , • • • .. • (b} Test methods shall be as specif ied by this code or IJy oL ht:r recognized test standards. If there are no recogni zed and :icc c pL ,·d 1 ,·,.t methods for the proposed alternat e , the building official shall deL c:rnu.nt: test procedures . (c) All tests shall be made by an approved agency. ReporL s of such test shall be retained by the building official for the pcnod required for the retention of pub lic records. 3-1-7: DUTY TO COMPLY WITH CODE (a) It shall be the duty of all officers and employee s of the City of Englewood to cooperate in the enforcement of the Building Code. Such cooperation shall include any assi stance that may be required for the en- forcement of the Building Code. (b) A variance granted by the Board of Adjustment and Appeals shall become null and void if the permit is not obtained and the work starLe<l within six (6) months from the date the variance is granted. (c) No oversight, neglect or dereliction on the part of the bu~lding inspector or any authorized assistant shall authorize violation of this code. Each day a violation is continued constitutes a separate offense. (d) The building inspector or any employee charged with the enforce- ment of this code, acting in good faith and without malice for the city in the discharge of his duties, shall not thereby render himself liable personally and he is hereby relieved from all personal liability for any damaE;e LhaL may accrue to persons or property as a result of any act required or by rcJsun ) of any act or omission in the discharge of his duties. Any suit brought against the building inspector or employee because of such act or omission performed by him in the enforcemenL of any provisions of this code shJl l t,.., defended by the legal department of the City until termination of the pro- ceedings. (e) Thia code shall not b construed to relieve from or lessen Lhe responsibility of any person owning, operating or controlling any building or structure for any damages to persons or property caused by defects, nor shall the code enforc ment agency or itb parent jurisdiction be held as Jssumlng any such liability by reason of Lhe inspections authorized by this c ode or any certificates of inspection issued under this code. 3-1-8: DEFINITIO S (a) The term "Building Code" shall -•n this entire title and s condary code or cods adopted her in. (b) Wher the term "DeparLment", "Division", "Bu lding D p rtm nt", "Building Division" ia used in this titl or any code in this title, this shall mean th Chief Building Inspector, or his authoriz d r pres nt tivo. 3-1-9: CREATION OF BUILDING DIVISION; CHIEF BUILDING INSPECTOR (a) Th r shall be and sh reby tabliah d within th Co11111Unity Development, a Building Diviaion. pllCLlll l\t 0 (b) Th Div aion ahall b dm niater d by• Chief Bu ldina ln p tor • I • • • • • appointed by the City Manager in com pliance with Careet· Service pruv.i.sd.u,u; contained i n this code and whose po wers and duties are hereinn f te r ck r i ,,. ·d. The Chief Building Inspector shall be a professional engineer reg.i.bLe ~ed 1,y the State of Colorado, an architect licensed by the Stnte of Colo,·:11\11 ,,,- s uperin t endent o( construction o( no t less than five (5) years' expc:1..lc:11,.;c:, or have a comparable and suitable combination of education and expercl!nce. (c) The City Manager sha ll be empowered to appoint de put i.l!', 11\" Lltc• Building Inspector in the event o f the Inspector's absence, disab.i.l.l LY u r his need for assistants t o carry ou t his functions. The deputie s shall be vested with such authority as the Inspector lawfully p osse sses. 3-1-10: IDENTIFICATION Each employee of this Division shall be provided by the City with an identification card bearing a photograph of the employe e and inf ormation required by the Chief Building Inspector. Such identification card shall also bear the authority granted herein. Such card shall be carried by the person so identified and shall be used when necessary to properl y tdentHy himself while performing his off icial duties. 3-1-11: GENERAL POWERS AND DUTIES (a) The Building Division shall administer and enforce this Building Code and all other ordinances and co des which may hereafter be ass igned to the Division for enforcement and administration. There are hereby vested to the Division the duty of enforcing and administering this Building Code and all powers necessary for such enforcement. (b) Inspectors; Authority . Such inspectors, assistants an d other employees as shall be required and authorized in the annual budget bhall b appointed and assigned to the Division in accordance wi th the provbLonb of the Career Service Rules as contained in this code. Inspectors shall hav such authority as the Chief Build ing Inspector lavfully possesse s rn cJrryini: out their assigned duties. (c) Records. The Ch ief Bu ilding Inspector shall maintain r cords of applications for permits, permits issued, certificates of occupan cy , inspections and investigations, applications for licenses, licenseb Lobucd, fees coll cted and other informat ion that may be requ ired. He sh ll m kc such reports to the Dirtictor of Community Development cone rnin th activities of the Division, violations of the Building Code and such oth r matters as may be required. (d) Public Inspection of R cords. General fil r cords of th Buildin& Division shall b open for public inspection but y not b removed. Specific investigation r cords on individual ca e and lien applications are not op n to the public except by direction of Lh C ty Mana er or order of court. (e) authoriz d cob insp structures Authority to lnsp ct. l"h Chief Building lnap ctor, or hi.. represantativ , shall have the authority to insp ct or caua ct d for compl ance wiLh th Buildin& Code, all buildill&b, or utilities. -s- • ) I • - , • • • • (f ) Investigations and Surveys. Incidental to any of t hese duLJ.'-'S .ind powers, but. without limitation of same, the Chief Building I n s pecL or· sha 11 conduct investigations and survey s t o determine compliance or nonco,np LJ.unce with the provisions of the Building Code and shall invest iga t e or 1·at1s<· L•> be investigated all accidents perta ining to buildings, i;tructu rei;, u,: uL.i..lJ.LJ.es for the purpose of ascertaining whether the requirements o f t he Bu ilding Code have been violated. (g) Right of Entry. Incidental to such inspections, invesL.i.g..i Lio11s and surveys, the Chief Buildi~g Inspector may enter into and upon a nd cau se any land, building, structure or utility to be inspected and examined. The right to entry and inspection may be enforced by application to and pro pe r orders from a court of proper jurisdiction: accordingly refusal o f a c cess constitutes contempt of court. (h) Stop Orders. Whenever any work is being performed contra r y t o the provisions of this Building Code, the Chief Building I nspector ma y order the work stopped by notice in writing served on any person s engaged i n such work and/or causing such work to be performed. The order shall be given to the owner o r lic ensee o r their agents. It s hall be unl uwfu I i'or any person to proceed with such wo rk until the corrective work required to l>e p erformed by such notice is compl i ed with within the time spec i fied. (1) All bu ildings or structures regulated by this code which are struc turally unsaf e o r not provided with adequate egress, or whic h constitut e a fir e h azard , or are o t h erwise dangerous to human life are, for the purpose of this s e ction, unaa fe. Any u se of buildings or atruc tures constituting a haz a rd to safety, health or publ ic welfare by reaaon of i nadequate maintenance , dilap dat on, obsolaacence, fir e h z a r d, disaster, d a mage or a ban<lonmcnl .1..s, fort purpo of thia a a c t i on, an unsafe uae. Parapet wall s , cornices, pr a, to ra, tanka , atatuary and o ther appendages o r structura l members ch are supported by, attache d 1.0, o r a part of a building and wh.1.ch an! dater oratad condition or o th rwiae unable to austain the de sign l oad& fied in th a code ar hereby deaignatad as unaafe buildin ~ h un fe bui d i n , struc tures or appendage& are hereby d 1 red pubic nuiaance a and aha ll be a bated by repair, rehabilita t ion, demo- on or raaoval 1n accordance w th the procedure& &et f or th in Lhc Oungcrou,; B d n Cod or such alternate procedure •, aa aay have been or a y b dopted by t ia juri diction. Aa n alternative, t he bu ildin g offici 1, or 3-2-l: oy or official of thia jurisdict ion a a designated by the governin y natitute any oth r appropriate action to prev ent, r str in, corr ct t e violation. CIIAPT E 2 C OE ADOPTED There uildin Cod o f the Ci t y of En 1 wood, Unifora lui ldin Co de, 1982 Edit.ion, uildin Officials, including p ndi ta f th s re f ull y s et fo r th h IIOdi icationa and ... n nta thereto a» h -6- • I • • , • • • • 3-2-2; SPECIFIC CHANG ES IN ADOPTED COD E (a ) The following s pecific changes, modi f ica tions and amendrnenL s .:i r e here by ma de in the provision of the Un!fo r m Building Code:, 191l:1 lidiL '""· hereinabove ado pte d; (1) Dele te Chapters 1 and 2 . (2 ) ADDITION: Section 302 (a) page 3 1, APPLICATION. Add second paragraph . Authorized Applicants. Only persons, f i r ms , or co r porations duly licensed under the terms and provis ion s of this Building Code may apply for a permit, a n d s u c h licensee s may apply and be issued permits to per form on ly such work as they are entitled to perform under t h eir respective licenses. A:ny application for permit f i led in deroga- tion of this chapter or Building Code shall be deemed to have been file d falsely and shall be invalid notwith- standing the foregoing, and in addition thereLo the follow- ing persons shall be deemed to be authorized applic ant s; (a) A:ny person who owns a R-3 or M-1 bui lding may make application for a permit to enlarge, remod el, alter , repair, improve, convert or demolish such building. Upon the issuance of a permit hereunder , all work shall be perfot'llled in accordance wit h a ll the requirements of thia Building Code. (b ) A:ny person who owna a property and wiahes to cons truc t or erec t an R-3 or K-1 Occupancy build ing or struc- ture on said pr operty for h is own occupa ncy may make ap plication f or a permit for such bui lding or s tructure . Only one (l) auch owner's pe r mit may be issued t o t he owner in a twelve-mont h p e riod. Any person who doe s not occupy said build ing within ninety (90) days after its conatruction shall b e deemed a contractor and shall be required to qualify as such, including payment of all applic able fees. (3) Section 304 (a), Page 30 PBiKIT FEES. Add the followin paragraph: The City of Engl wood, Arap ahoe County, State of Colorado, and th United Sta tes of America shall be exempt from payment of fees. (4) Section 1807 (),Page 110, SCOPE. D lete the last sentence and add the following aentence: (5) Such buildings s hall be prov ided with an automatic sprinkl r syatem in accordance with Section C. S ction 1807 (1) page 11 4, A&l!.AS OF REFUGE (comp rtmenta- tion) ALTERNATE, Delete entire Section. -7- • I • • , • (6) 3-2-3: • • - Section 3802 (b), page 583, ALL OCCUPANCIES EXCEPT GROUP R, DIVISION 3 and GROUP M. Add the following paragraph as item 5: In all buildings which are 50 or more feet in height (as defined in Chapter 4 of the 1982 Uniform Building Code) or wh ich comprise more than four stories irrespective of height. EXCEPT: GROUP B OCCUPANCIES CLASSIFIED EXCLUSIVELY AS OPEN PARKING GARAGES IN ACCORDANCE WITH SECTION 709 OF THE 1982 UNIFORM BUILDING CODE. APPEALS WHENEVER THE CHIEF BUILDING INSPECTOR SHALL DISAPPROVE AN APPLICATION OR REFUSE TO GRANT A PERMIT, OR DISAPPROVE AN APPLICA- TION FOR MODIFICATION TO THIS CODE OR WHEN IT IS CLAIMED THAT THE PROVISIONS OF THE UNIFORM BUIL6ING CODE, 1982 EDITION, DO NOT APPLY IN THE MANNER IN WHICH THE CHIEF BUILDING INSPECTOR DETER- MINES, OR WHEN IT IS CLAIMED THAT THE TRUE INTENT AND MEANING OF THE CODE HAVE BEEN MISCONSTRUED OR WRONGLY INTERPRETED BY THE CHIEF BUILDING INSPECTOR, OR WHEN IT IS NECESSARY TO DETER11INE THE SUITABILITY OF ALTERNATE MATERIALS OR METHODS OF CONSTRUCTION, ANY PERSON MAY APPEAL FROM THE DECISION OF THE CHIEF BUILDING INSPECTOR IN WRITING TO THE BOARD OF ADJUSTMENT AND APPEALS WITHIN THIRTY (30) DAYS FROM T HE DATE OF THE DECISION APPEALED. SUCH APPLICATION FOR APPEAL SHALL BE MADE TO THE SECRETARY OF THE BOARD OF ADJUSTMENT AND APPEALS. THE BOARD SHALL REVIEW THE DECISION OF THE CHIEF BUILDING INSPECTOR AT ITS NEXT REGULAR MEETING, AND RENDER A FINAL AND BINDING DECISION THEREON. IN CONSIDERING SUCH APPEALS, THE BOARD OF ADJUSTMENT AND APPEALS SHALL HAVE THE POWERS GRANTED TO THE CHIEF BUILDING INSPECTOR. Section 2. Chapter 4, Title III of the '69 E.M.C. is hereby repealed and reenacted to read as follows: 3-4-1: UNIFORM MECHANICAL CODE ADOPTED There is hereby adopted by reference thereto the "Uniform Mechanical Code", 1982 Edition, published by the International Association of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601, with the same force and effect as if the same were fully set forth herein, subject to the exceptions, modifications and amendments thereto as hereinafter set forth. -8- • I • • - • , • • • • 3-4-2: SPECIFIC CHANGES IN ADOPTED COD E (a) The following specific changes, modifications and amend- ments are hereby made in the provisions of the Uniform Mechanical Code , 1982 Edition, hereinabove adopted: (1) Section 304 (a), page 19 , PERMIT FEES. Add to the end of the first sentence, "of the Uniform Building Code ". (2) Section 304 (b), page 19, PLAN REVIEW FEES. Add t o the end of the second and third sentences, "of the Uniform Building Code ". (3) Section 305 (fl, page 21, REINSPECTIONS. Add to the end of the sentence of the fourth paragraph, "of the Uniform Building Code". (4) Table No. 3-A, page s 22, MECHANICAL PERMIT FEES. Delete this permit schedule. (5) Section 801, page 61, SCOPE. Delete "floor Furna ce " in the first paragraph. (6) Section 802, page 61, GENERAL. Delete the words, "floor furnace " wh ere it appears i n this section. (7) Section 804, page 62, FLOOR FURNACES. Delete the entir section and substitute: "Floor and Dual Floor Furnaces - the installation of floor and dual floor furnaces pro- hibited." (8) Section 1801, pag 127 , GENERAL. Add as cond s follows: m n nd tions for p rmits to con truct comm rc1 1 tors must b approv d by the Air Pollution th St t of Colorado , Tri-County H 1th D r Fir D p rtm n of th Ci y of En lewood prior ruction ." • h nt I • • , • • • • (9) Section 2124, page 270, OPERATING PERMJ'J'. IJ<' IN,· c:11 1 i r,· se ct ion. (10) Se LLion 2125, page 270, Mai n tenance lnspecL.1.on. lleJeLe entire section. (11) Section 2126, page 270, OPERATION AN O MAINTENAN CI•'. 01' B01LERS AN D PRESSURE VESSELS. Delet<.! enLire ~ccLw11. Section 3. Chapter 9, Title III , of the '69 E.M.C. is hereby repealed and reenacted to read as follows: 3-9-1: UNIFORM PLUMBING CODE ADOPTED There is hereby adopted by reference thereto the Uniform Plumbing Co de, 1982 Edition, published by the International Association of Plumbing and Me cha nica l Officials, 5032 Alhambra Avenue, Lo s Angeles, California 90032, together with the appendices contained therein, with the same force and ef feet as if Ll,e same were fully set forth herein, sub ject to the exception&, modification,, ,111<1 umcndmenL ., thereto as hereinafter set forth . 3-9-2: SPECIFIC CHANGES IN ADOPTED CODE (a) The following specif ic changes, modifications and amendments are hereby made in the provisions of the Uniform Plumbing Code, 1982 Edition, hereinabove adopted. (1) Section 401 (a) (2) delete "etrucLures wher e .:ombustionable construction is allowed." Ineert "residential construction not more than two etories in height ." (2) Section 910, page 69, PLUMBING FIXTURES REQUIRED. Add a second paragraph ae follows: Food waste disposer mandatory. New structures arranged or intended to be used for purposes which develop food wastes in the direct preparati on of food in occupancies, such as dwellings, restaurants, hotel s, boarding hous s, hospitals and similar occ upancies, shall provide food wabL disposal equipment for such within the premises. Existing structures converted or altered to the uses described above ne d not (3) t the requirements of this section unless such atructureb are provided with new facilities for th above purpos s. App ndix C, p s 152 -153, Kl !KUM PLUMBI FACILITIES. Add an paragr ph as follows: Food waste dispobe mandatory. w atructur s arranged or intended to be used for th purpos s which dev lop food wastes in the direct preparation o food in occupancies, such as dwe llings, restaurants, hotels, boarding housea, hospitals and similar occupanci s. hall provide food wast e disposal equipment for auch purpo s within th pr miaaa. Exiatina structure• converted or all rd to cha u aid scrib d above ne d not m t the r quir manta of this I c tion unlaaa such atructurea are provid d with n w f ciliti a or the above purpoa a. -10- • I • • n - • • , • • • • Section 4. Notice of public hearing shall be published twice, once at least fifteen (15) days preceding date of hearing an<l once at least eight (8) days preceding date of hearing, which notice shall state the subject matter of the Code, time and place of hearing, and that copies of the foregoing Code are on file with the Clerk and open to public inspection, and the name and address of the agency by which said Code has been promulgated. Section 5. Not less than three (3) copies of each Code described herein shall be certified to be true copies of said Code by the Mayor and the Clerk and filed in the office of the Clerk at least fifteen (15) days prior to public hearing and subject to public inspection at all times while said Code is in full force and effect. The Clerk shall maintain at all times reasonable copies of the Code available for purchase by the public at moderate price. Section 6. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move , improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Code. Section 7 . That all ordinances and parts of ordinances of the City of Englewood in conflict or inconsistent herewith are hereby repealed. Introduced, read in full, and passed on first reading on the 21st day of December, 1982. Published as a Bill for an Ordinance on the 22nd day of December, 1982. Amended and passed as amended on the 17th day of January, 1983. Published as amended on the 19th day of January, 1983. R d by title and passed on final reading on the 7th day of February, 1983 • Publish d by title as Ordinance No.~~~-' S rie of 1983, on the 9th d y of February, 1983. Eugene L . Otis, Mayor Atte t; ex olficlo City Clerk-Tr 11 • I • • ....... • • f • • • • 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 Ordinance passed on final reading and published by title as Ordinance No. , Series of 1983. Gary R. Higbee 12 I • • - • • • • • • BY AUTHORITY ORDINANCE NO. J COUNCIL BILL NO. 63 INTRODUCED BY COUNCIL MEMBER FITZPATRICK SERI ES OF 198~~~- AN ORDINANCE AMENDING SECTIONS 1, 3, 8 AND 10, TITLE II, CHAPTER 3, SECTION 1, OF THE '69 ENGLEWOOD MUNICIPAL CODE, ADOPTING BY REFERENCE THE UNIFORM FIRE CODE, 1982 EDITION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That Sections 1, 3, 8 and 10 of Title II, Chapter 3, o f the 1969 E.M.C. are hereby amended to read as follows: 2-3-1: ADOPTION OF UNIFORM FIRE CODE There is hereby adopted, with the same force and effect as though the same were set forth in full herein for the purpose of prescribing regulations, governing conditions hazardous to life and property from fire or explosion, that certain Uniform Fire Code, 1982 Edition, includi ng appendices 1-B, 11-B, Ill-A, 111-C, published by the International Conference of Building Officials and We ste rn Fire Chiefs Association, 5360 South Workman Mill Road, Whittier, California 90601, with the following exceptions, modifications and amendments: (a) The following specific changes, modifications and amendments are hereby made in the provision of the Uniform Fire Code, 1982 Edition, hereinabove adopted: (1) Section 2.302 , page 6, SOARD OF APPEALS. Delete entire section . (2) Section 4.101 , pages 12-15, PERMIT REQUIRED. Delete all items except: 4. Bonfires or rubbish fires 6. Burning in public plac 7. Candles and open flam s in ass mbly ar as 11 . Cryogens 15 , Explosives or blasting g nts 16. Fireworks 22. Hazardou materials 23. Hi hly toxic p tic des • I • • - r • 2-3-3: 29. Mall, covered 33. Open burning • • • 43. Tents and air-supported structures (3) Section 10.30l{c), page 41, WATER SUPPLY. Insert new paragraph between first and second paragraph: (4) Where there are practical difficulties in providing water system capable of supplying the required fire flow for any building or structure, a suitable automati c fire extinguishing system or systems, as approved by the Fire Chief , may be installed for the pr o tection of such building or s tructure. S uch system{s) may be install ed provided that in the opinion o f the Fire Chief, th e fire suppression capabilities of the extinguishing system(s), in conjunction with the available water supply, p r ovides an acceptable level of fi re prote c- tion for the building or structure in questio n. Section 10 .309(b), page 44, ALL OCCU PANCIES EXCEPT GROUP R , DIVISION 3 AND GROUP M. Add the following paragraph as item 5: In all buildings whi ch are 50 or more feet in height (as defined in Cha pter 4 of the 1982 Uniform Building Code) or whi ch comprise more than four stories i r - respective of height , EXCEPT: GROUP B OCCUPANCIES CLASSIFIED EXCLUSIVELY AS OPEN PARKING GAR AGES IN ACCORDANCE WITH SECTION 709 OF THE 1982 UNIFORM BUILDING CODE. DEFINITIO NS Wherev r the following word s or t rms are used in the Uniform Fire Code , 1982 Edition, they shall c arry the following meanings: (a) •Jurisdiction• shall m n the C ty of Englewood, Colorado. (b) •corpor tion Counsel • shall mean th th City of Englewood, Colorado , or any design City Attorney for th reef. (c) Wh never th words •chi Prev ntion• or th word s "Bur au of th Uniform ire Cod , thy hall b Engl wood Fire D partm nt or ha de 2 th Bure u of Fire F re Prev ntion• ar u d in held tom nth Chi f of he 1 nee. • I • • • • • 2-3-8: APPEALS Whenever the Chief of the Fire Department shall disapprove an application or refuse to grant a permit applied for, or disapprove an application for modification, or when it is claimed that the provisions of the Uniform Fire Code, 1982 Edition, do not apply in the manner in which the Chief of the Fire Department determines, or when it is claimed that the true intent and meaning of the Code have been misconstrued or wrongly interpreted by the Chief of the Fire Department, any person aggrieved thereby may appeal from the decision of the Chief of the Fire Department to the Englewood Board of Adjustment and Appeals within thirty (30) days from the date of the decision appealed, which Board shall review the decision of the Chief of the Fire Department and render a final and binding decision thereupon. In considering such appeals, the Englewood Board of Adjustment and Appeals shall have the powers granted to the Chief of the Fire Department by Section 2-3-2 of this chapter. 2-3-10: PENALTIES (a) Any person wh o shall violate any of the provisions of the Uniform Fire Code, 1982 Edition, or who fails to c o mply with the provisions of Title II o f Englewood Municipal Code, or who shall violate or wh o sha l l fail to comply with any order made thereunder, or who shal l build any structure of any nature in violation of any detai l ed s tatement or specifications o r pla ns submitted and approved t h ereunder, o r any certif i cate or permit issued thereunder, and fr o m wh ich n o appeal ha s been taken, o r wh o shall fail to comply wi h s u ch a n order as affirmed o r mo d i f i e d by the Englewood Board o f Ad j ustment and Appeals, or by a co urt of competent jurisdicti on , wi th i n the time fixed therei n , sh all be considered to have v iol ated this Co de and shall be su b jec t t o th o se penalties prescribed i n Sec ti o n 1-2-1 of this Code. The imp o siti o n o f one (1) penalty fo r n y vi o lation shall not exc use th vi o lat i on n o r permit it t o co n ti n u , and all such persons sha ll b requ i red to co rr e ct o r reme d y such violat i o ns o r defect s wi t hin a rea so nab le tim e. (bl Any continuing act which , unde r Section 2-3-lO(a) he r eof shall constitute av cl tion of this Code , i hr by decla r ed ob public nus nc and in addition to all oth r p nalties prescrib d h rein , th City my ta e such l gal action to abate such nui anc as shall b appropria e. 2 . Not ce of publ c hearin shall b publi hed t wice , ~~~.....-~l e s itte n (15) days p r eced ng date o haring and once t (8) days pr ceding date o( he r ing , which notice sh ubJ ct atter o! the Code , ti me nd lace o he t copi so he fo r gong Code r e on ile wi h the Cl rk n d open to public ns ction , and hen m and address of the g ncy by which a id Code haa been promulga ed . 3 • I • • - , • • • • Section 3. Not less than three (3) copies of each Code described herein shall be certified to be true copies of said Code by the Mayor and the Clerk and filed in the office of the Clerk at least fifteen (15) days prior to public hearing and subject to public inspection at all times while said Code is in full force and effect. The Clerk shall maintain at all times reasonable copies of the Code available for purchase by the public at moderate price. Section 4. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Code. Any person, firm, or corporation violating any of the provisions of this Code, upon conviction, shall be punished by a fine of not more than Three Hundred Dollars ($300) or by imprison- ment for not more than ninety (90) days, or by both such fine and imprisonment. Section 6. That all ordinances and parts of ordinances of the City of Englewood in conflict or inconsistent herewith are hereby repealed. Introduced, read in full, and passed on first reading on the 21st day of December, 1982. Published as a Bill for an Ordinance on the 22nd day of December, 1982. Amended and passed as amended on the 17th day of January , 1983. Published as amended on the 19th day of January, 1983. Read by title and passed on final reading on the 7th day of February, 1983. Published by title as Ordinance No. ,series of 1983, on February 9, 1983. Eugene L. Otis, May or Attest: ex officio City Clerk-Treasurer 4 • I • • - ( • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1983. Gary R. Higbee 5 • I • • • • • • • BY AUTHORITY ORDINANCE NO. 4 COUNCIL BILL NO. 6 3 INTRODUCED BY COUNCIL MEMBER FITZPATRICK SERIES OF 199=3~~~ AN ORDINANCE AMENDING SECTIONS 1, 3, 8 AND 10, TITLE II, CHAPTER 3, SECTION 1, OF THE '69 ENGLEWOOD MUNICIPAL CODE, ADOPTING BY REFERENCE THE UNIFORM FIRE CODE, 1982 EDITION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That Sections 1, 3, 8 and 10 of Title II, Chapter 3, of the 1969 E.M.C. are hereby amended to read as follows: 2-3-1: ADOPTION OF UNIFORM FIRE CODE There is hereby adopted, with the same force and effect as though the same were set forth in full herein for the purpose of prescribing regulations, governing conditions hazardous t o life and property from fire or explosion, that certain Uniform Fire Code, 1982 Edition, including appendices I-B, II-B, III-A, III -C, published by the International Conference of Building Officials and Western Fire Chiefs Association, 5360 South Workman Mill Road, Whittier, California 90601, with the following excepti o ns, modifications and amendments: (a ) The following spec ific changes, modifications and amendmen ts are hereby made in the provision o f the Unif o rm Fire Co de, 1 98 2 Edition, hereinabove ad o pted: (1 ) S ecti o n 2 .30 2 , page 6, S OARD OF APPEALS . Delet e ent i re s e c ti o n. (2 ) S e c t i on 4.10 1 , pa ges 12-15 , PERM IT REQUIR ED. Delete all i tems exce p t : 4. Bonfi r es or rubbish fir 6. Burning in public pl ce 7 . C ndl s nd op n flam s in ss mbly area 11 . C r yogens 15 • 16 . 22 . Ex plosives or bla ting agents Fireworks H z rdou 23 . Highly toxic erials aticidea I • • ,.., ....... 29. Mall, covered 33. Open burning • • - 43. Tents and air-supported structures (3) Section 10.30l(c), page 41, WATER SUPPLY. Insert new paragraph between first and second paragraph: Where there are practical difficulties in providing water system capable of supplying the required fire flow for any building or structure, a suitable automatic fire extinguishing system or systems, as approved by the Fire Chief, may be inst alled for the protection of such building or structure . Such system(s) may be installed provided that in the opinion of the Fire Chief, the fire suppression capabilities of the extinguishing system(s), in conjunction with the available water supply, provides an acceptable level of fire protec- tion for the building or structure in question. (4) Section 10.309(b), page 44, ALL OCCUPANCIES EXCEPT GROUP R, DIVISION 3 AND GROUP M. Add the following paragraph as item 5: { In all buildings which are 50 or more feet in height , • (as defined in Chapter 4 of the 1982 Uniform Building Code) or which comprise more than four stories ir- respective of height, EXCEPT: GROUP B OCCUPANCIES CLASSIFIED EXCLUSIVELY AS OPEN PARKING GARAGES IN ACCORDANCE WITH SECTION 709 OF THE 1982 UNIFORM BUILDING CODE. 2-3-3 : DEFINITIONS Wherever the following words or terms are used in the Uniform Fire Code , 1982 Edition, they shall carry the following m anings: (a) •Jurisdiction• shall mean the City of Englewood, Colorado. (b) •corporation Coun 1• hall man the City Attorn y for th City of Englewood, Colorado, or any designe th reof. (c) When v r th words •chi f of the Bur au of re Prev ntion• or the words •eureau of Fire Prev ntion• are used in he Unifor lr Cod , thy hall b held omen th Chief of he Engl wood ire Departm nt or hi d signee . 2 • I • • • • • 2-3-8: APPEAL S Whenever the Chief of the Fire Department shall d i sapprove an application or refuse to grant a permit applied for, or disapprove an application for modification, or when it is claimed that the provisions of the Uniform Fire Code, 1982 Edition, d o n o t apply in the manner in which the Chief of the Fire Department determ i ne s , o r when it is claimed that the true intent and meaning of the Co de have been misconstrued or wrongly interpreted by the Chief o f t h e Fire Department, any person aggrieved thereby may appeal from the decision of the Chief of the Fire Department to the Englewoo d Bo ard of Adjustment and Appeals within thirty (30) days fr o m the date o f the de c ision appealed, which Bo ard shall review the decis ion o f th e Chief o f the Fire Department and render a final and binding decisio n thereupon. In c o nsidering such appeals, the Engl e wood Board of Adjustment and Appeals shall have the po wers grante d to the Chief of the Fire Department by Sect i on 2-3-2 o f t his ch apter. 2 -3-10: PENA LT I ES (a ) Any person who shall violate any of the pr o vi s i ons of the Unifo rm Fire Co de, 1982 Edition, or who fails t o co mp ly with the pr o v i sions of T itle II o f Englewood Municipal Co de, o r who shal l vi o late or wh o shall f ail to comply with any order mad e thereunder, o r wh o shall bui l d any structure of any nature i n ( v iol at ion o f any detailed statement or specifications or plans su bm it ted and appr o ved thereunder, or any certificate or perm i t iss ue d th ereunder, and fr o m which no appeal has been taken, o r wh o sh a ll fail to c o mply with such an order as affirmed o r modifie d by the Engle wood Bo ard of Ad j ustment and Appea l s, o r by a co ur t of comp e te nt j ur i sd ict i o n, wi thin the time fixed there in , sh a l l be considered to h a ve v iol ated thi s Code and s hall be s ub ject to those penalties pr esc r i b ed i n Sec t io n 1-2-1 of thi s Cod e. The imposition of one (1) penalty fo r a ny v io lati o n sha l l n o t e xcuse the violation nor permit it to conti n ue , and all s u c h per so n s s ha ll be required to correct or remedy such viol a tions o r defects within a reasonable time . (b) Any continuing act which , under Section 2-3-lO(a) h reof shall co nstitut a violation of this Code , is hereby declar d to b a public nuis nee and in addition to all other penalties prescribed herein , the City may take such legal action to abat such nuisance as shall be appropriate . s ction 2 . Notice of public haring shall be published t wic , one at I st fift n (15) days p r eceding date of haring and once least ight (8) d ys p r eceding dat of haring , which notice h 11 st te he subj ct matter of th Code , time and plac of haring nd that copies of the for going Code r on fl w th the Cle rk nd open to public insp ction , and th nam and addre s of tne gency by which id Code has be n promulgated. 3 • I • - • • , • • • • Section 3. Not less than three (3) copies of each Code described herein shall be certified to be true copies of said Code by the Mayor and the Clerk and filed in the office of the Clerk at least fifteen (15) days prior to public hearing and subject to public inspection at all times while said Code is in full force and effect. The Clerk shall maintain at all times reasonable copies of the Code available for purchase by the public at moderate price. Section 4. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Code. Any person, firm, or corporation violating any of the provisions of this Code, upon conviction, shall be punished by a fine of not more than Three Hundred Dollars ($300) or by imprison- ment for not more than ninety (90) days, or by both such fine and imprisonment. Section 6. That all o rdinances and parts of ordinances of the City of Englewood in conflict or inco nsistent herewith are hereby repealed. Introduced, read in full, and passed on first reading on the 21st day of December, 1982. Published as a Bill for an Ordinance on the 22nd day of December, 1982. Amended and passed as amended on the 17th day of January, 1983 . Published as amended on the 19th day of January , 1983. Read by title and passed on final reading on the 7th day of February, 1983. Published by title as Ordinance No. ,Series of 1983, on February 9, 1983. Eugene L. Otis, Mayor Attest: x officio City Clerk-Tre surer 4 • I • • ~- • • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1983. Gary R. Higbee 5 • I • • I • ORDINANCE NO.~-~~~ SERIES OF 1983 BY AUTHORITY • • • 1C COUNCIL BILL NO. 3 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE APPROVING AN AGREEMENT WITH URBAN DRAINAGE AND FL OO D CONTROL DISTRICT, THE CITY OF LITTLETON, AND THE UNITED STATES GEOLOGICAL SURVEY PROVIDING FOR A SOUTH PLATTE RIVER GAGING S 'fATION. WHEREAS, there is a need to determine flow of the South Platte River in the vicinity of the Bi-City Wastewater Treatment Plant; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: S ection 1. An agreement between t h e City of Englewood, C i ty of Littleton, the Urban Drainage and Flood Control District and the U.S . Geo logical Survey (USGS ) prov i ding for installation of a fl o w g a ge in t he v i c in ity of Dartmouth Ave. in the City of Englewoo d, t o b e o perated by USGS, coo rdinated by Urban Drainage, with Littlet on an d Englewo o d each paying approximately 12.51, Urban Drainage pay in g 25 1, and USGS paying 501 of the cost of installation and o peration, the percentage and rate subject t o negotiati o n each year, with the cost for 82-83 water year being $2615 total for Littleton and Englewood combined, is hereby appr o ved, a copy of which agreement is attached hereto, marked Exhibit A, and inco rporated by reference as th o ugh set forth in full. S e c ti o n 2 . The May o r and the ex o ffici o City Clerk-Treasurer are hereby aut ho rized by the C ity Council t o appr o ve said agreement a n d a ffi x t he re s ig n at u re s thereto. Int r oduced , read in ful l , and passed o n f i rst read ing on the 17th d ay of January , 1983 . Published as a Bill for an Or dinance on the 1 9th day of January , 1983. Read by title and passed on final reading on the 7th day of February, 1983 . P ublished by title as Ordinance No·~~~-' Series of 1983 , on the 9th day of Febru ry , 1983 . Attest: Eug ne L . Otis , Mayor ex officio City Cl rk-Tr asurer I • • - • • • • • • I, Gary R. Higbee, ex officio City Clerk-Tre asurer of the City of Englewood, Colorado, hereby certify that the above and foreg oing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Se ri es o f 1983 . Gary R. Higbee • I • • n ...... • • • ORDINANCE NO. SERIES OF 1983 BY AUTHORITY • • - 1C COUNCIL BILL NO. 3 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE APPROVING AN AGREEMENT WITH URBAN DRAINAGE AND FLOOD CONTROL DISTRICT, THE CITY OF LITTLETON, AND THE UNITED STATES GEOLOGICAL SURVEY PROVIDING FOR A SOUTH PLATTE RIVER GAGING STATION. WHEREAS, there is a need to determine flow of the South Platte River in the vicinity of the Bi-City Wastewater Treatment Plant; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. An agreement between the City of Englewood, City of Littleton, the Urban Drainage and Flood Control District and the U.S. Geological Survey (USGS) providing for installation of a flow gage in the vicinity of Dartmouth Ave. in the City of Englewood, to be operated by USGS, coordinated by Urban Drainage, with Littleton and Englewood each paying approximately 12.5%, Urban Drainage paying 25\, and USGS paying 50\ of the cost of installation and operation, the percentage and rate subject to negotiation each year, with the cost for 82-83 water year being $2615 total for Littleton and Englewood combined, is hereby approved, a copy of which agreement is attached hereto, marked Exhibit A, and incorporated by reference as though set forth in full. Section 2. The Mayor and the ex o fficio City Clerk-Treasurer are hereby authorized by the City Co un c il to approve said agreement and affix there signatures theret o . Int r o ducecl, read i n f ull , a n d pas s ed o n first reading on t h e 17 t h d a y o f Ja n uary, 198 3 . Publish ed a s a Bill for a n Or dinance on the 1 9th day of January, 1983 • Read by title and pass don final reading on t he 7th d a y of F bruary , 1983 . Publish d by title as Or dinance No .~~~~' S er ies of 19 8 3 , on th 9th day of Fe b r uar y, 1 98 3 • A test: Euge n L . Ot i s, May o r ex officio Ci y Cle rk -Tr e a s ur e r • I • • - ( • • • • I, Gar y R. Higbee, ex offici o City Cl erk-T r easurer 0f the City of Englewood, Colorado, hereby cer t ify that the abo v e an d foreg0ing is a true, accurate and complete copy of the Ord i nance pa ssed on fi nal reading and published by title as Ordinan ce No . , Se ri es o f 1983. Gary R. Higbe e I • • ...... ( • ORDINANCE NO. ~ SERIES OF 198-3~~~ • • - BY AUTHORITY 1 D COUNCIL BILL NO. 4 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE APPROVING AN AGREEMENT WITH THE DEPARTMENT OF ARMY (CORPS OF ENGINEERS) TO IMPROVE THE SOUTH PLATTE RIVER BETWEEN OXFORD AND U.S. 285 ADJOINING ENGLEWOOD MUNICIPAL GOLF COURSE. WHEREAS, It is necessary to prevent erosion and flooding; and WHEREAS, to prevent erosion and flooding it is necessary t o reduce the slope of the banks of the Platte River and install riprap; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO AS FOLLOWS: Section 1. An agreement with the Department of the Army, dated July 9, 1982, Application No. C0/2SB/OXT/2/004819 , consisting of 10 pages marked "Exhibit A", be and hereby is approved as though set forth herein in full. Section 2 . The agreement provides as follows: a. The City of Englewood is authorized to place approximately 40,000 cubic yards of fill material along the South Platte River banks at a 3 to 1 slope between Oxford and U.S. 285. b. The work shall not degrade water quality. c . Clean riprap materials will be used . Section 3 . That the May or and ex officio City Clerk-Treasure r are authorized to sign the same for and in behalf of the City . Introduced , read in full, and passed on first reading on the 17th day of January , 1983 . Published as a Bill for an Ordinance on the 19th day of January, 1983. Read by title and passed on final reading on the 7th day of February, 1983. Published by titl as Ordinance No.~~~-' 5 ries of 1983, on th 9th day of February, 1 83. Attest: Eugen L. Otis , M yor ex officio City Cl rk-Treasurer I • • ,, - • • • • I, Gary R. Higbee , ex officio City Clerk-Treasurer of th e City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 19 83. Gary R. Higbee • • • - , • ORDINANCE NO.~ SERIES OF 1983 • • • BY AUTHORITY 1 D COUNCIL BILL NO. 4 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE APPROVING AN AGREEMENT WITH THE DEPARTMENT OF ARMY (CORPS OF ENGINEERS) TO IMPROVE THE SOUTH PLATTE RIVER BETWEEN OXFORD AND U.S. 285 ADJOINING ENGLEWOOD MUNI CIPAL GOLF COURSE. WHEREAS, It is necessary to prevent erosion and flooding; and WHEREAS, to prevent erosion and flooding it is necessary to reduce the slope of the banks of the Platte River and install riprap; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO AS FOLLOWS: Section 1 . An agreement with the Department of the Army, dated July 9, 1982 , Application No. C0/2SB/OXT/2/004819, consisting of 10 pages marked •Exhibit A•, be and hereby is appr oved as though set forth herein in full. Section 2 . The agreement provides as follows: a. The City of Englewood is authorized to place approximately 40,000 cubic yards of fill material along the South Platte River banks at a 3 to 1 slope between Oxford and U.S. 285. b. The work shall not degrade water quality. c. Clean riprap materials wi ll be used. Section 3 . That the Mayor and ex officio City Clerk-Treasurer are authorized to sign the same for and in behalf of the City. Introduced, read in full , and passed on first reading on the 17th day of January, 1983 . Published as a Bill for an Ordinance on the 19th day of Janu ry, 1983. Read by title and passed on final reading on the 7th day of F bruary, 1983. the Published by title as Ordinance No.~~~-' Series of 1983, on h day of February, 1983. Attes : ~gen L. O is, Mayor ex o fficio Ci y Cle rk -Treasurer • I • • - .> • ORDINANCE NO.~ SERIES OF 1983 • • • BY AUTHORITY 1 D C,. 4 COUNCIL AN ORDINANCE APPROVING AN AGREEMENT WITH THE DEPARTMENT OF ARMY (CORPS OF ENGINEERS) TO IMPROVE THE SOUTH PLATTE RIVER BETWEEN OXFORD AND U.S. 285 ADJOINING ENGLEWOOD MUNICIPAL GOLF COURSE. WHEREAS, It is necessary to prevent erosion and flooding; and WHEREAS, to prevent erosion and flooding it is necessary to reduce the slope of the banks of the Platte River and install riprap; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO AS FOLLOWS: Section 1 . An agreement with the Department of the Army, dated July 9, 1982, Application No. C0/2SB/OXT/2/004819, consisting of 10 pages marked "Exhibit A", be and hereby is approved as though set forth herein in full. Section 2. The agreement provides as follows: a. The City of Englewood is authorized to place approximately 40,000 cubic yards of fill material along the South Platte River banks at a 3 to 1 slope between Oxford and U.S. 285 . b. The work shall not degrade water quality. c . Clean riprap materials will be used . Section 3. That the Mayor and ex officio City Clerk-Treasurer are authorized to sign the same for and in behalf of the City. Introduced, read in full, and passed on first reading on the 17th day of January, 1983. Published as a Bill for an Ordinance on the 19th day of January, 1983. Read by title and passed on final reading on the 7th day of February, 1983. Published by title as Ordinance No.~~~-' Series of 1983, on the 9th day of February, 1983. Att t: Eugene L. Otis, Mayor x officio City Cl rk-Treasur r • I • • -• • • I ~ I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1983. Gary R. Higbee • • I • • I a- • ORDINANCE NO. SERIES OF 198~3~~~ • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 5 INTRODUCED BY COUNCIL MEMBER ::73, ·g l"J AN ORDINANCE AMENDING SECTION 24, CHAPTER 11, TITLE XI, OF THE ENGLEWOOD MUNICIPAL CODE OF 1969, AS AMENDED, BY AMENDING SUB- SECTION (e) REDUCING THE ADOPTION FEE TO $20. WHEREAS, the City Council believes that more cats should be adopted; and WHEREAS, by reducing the adoption fee, more persons would be encouraged to adopt cats; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That Subsection (e) of Section 24, Chapter 11, Title XI, of EMC '69, as amended, be amended as follows: 11-11-24: CATS AT LARGE; IMPOUNDMENT; NOTICE; DISPOSITION (e) Cats impounded and not reclaimed by the owner, pursuant to subsection (a) hereof, may be released for adoption after payment of a forty dollar ($48) TWENTY DOLLAR ($20) adoption fee by the party adopting said animal. Fifteen dollars ($15) of the~ sellar ($48) TWENTY DOLLAR ($20) adoption fee will be refunded upon presentation of proof that the cat has been neutered (spayed) by a licensed veterinarian and has received a current rabies vaccination. Neutering (spaying) and vaccination must be performed with in thirty (30) days of adoption or by the time the adopted animal attains six (6) months of age. Introduced , read in full, and passed on first reading on the 7th day of February, 1983. Published as a Bill for an Ordinance on the 9th day of February, 1983. Attest: Eugene L. Otis, M yor ex ~fficio City Cl rk-Trea aure r • I • • • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 7th day of February, 1983. Gary R. Higbee • I • • - ; ( • • • • BY AUTHORITY ORDINANCE NO. SERIES OF 198=3~~~ COUNCIL BILL NO. 5 INTRODU ~ BY COUNCIL MEMBER ·Rn A BILL FOR AN ORDINANCE AMENDING SECTION 24, CHAPTER 11 , TITLE XI, OF THE ENGLEWOOD MUNICIPAL CODE OF 1969, AS AMENDED, BY AMENDING SUB- SECTION (e ) REDUCING THE ADOPTION FEE TO $20. WHEREAS, the City Council believes that more cats should be ad o pted; and WHEREAS, by reducing the adoption fee, more persons would be encouraged to adopt cats; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Sec tion 1 . That Subsection (e) of Section 24, Chapter 11, Title XI, o f EMC '69, as amended, be amended as follows: 11-11-24: CATS AT LARGE; IMPOUNDMENT; NOTICE; DISPOSITION (e) Cats impounded and not reclaimed by the owner, pursuant to subsection (a) hereof, may be released for ado ption after payment o f a forty dollar ($48) TWENTY DOLLAR ($20) adoption fee by the party ado pting said animal. Fifteen dollars ($15) o f the~ sell8r ($48 1 TWENTY DOLLAR ($20 ) adoption fee will be refunded upon presentation of pro of that the cat has been neutered (spayed) by a licens ed veterinarian a nd has received a current rabie s vaccination. Ne u ter ing (s paying) and vac cin ati on must be perf o rmed w ithin thirty (30) days of adoption o r by the time the adopted animal attains six (6) months of age. Introduced , read in full, and passed on first reading on the 7th day of February, 1983. Published as a Bill for an Ordinance on the 9th day of February , 1983. Attest: Eugene L. Otis , May or x officio City Cl rk-Treasurer • I • • ...... • • • - I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 7th day of February, 1983 . Gary R. Higbee • I • • - r ( ORDINANCE NO. SERIES OF 198~~~- • • • BY AUTHORITY A BILL FOR COUN CI L BILL NO, 6 INTRODUCED BY COUNCI L MEMBER '-J ~ AN ORDINANCE APPROVING AN AGREEMEN T TITLED "TRIPARTY AGRE EMENT" BETWEEN THE CITY OF ENGLEWOOD, COLORADO, THE ENGLEWOOD URBAN RENEWAL AUTHORITY, AND THE ENGLEWOOD DOWNTOWN DEVELOPMENT AU THO RITY ASSIGNING RESPONSIBILITIES FOR MATTERS RELATED TO THE DOWNTOW N PLAN. NOW, THEREFORE, BE IT ORDAINED BY THE CI TY COU NCIL OF THE C ITY OF ENGLEWOOD, COLORADO: S ecti o n 1. There is hereby appr o ved the f el l o wing a g r ee me nt: TRIPARTY AGREEMENT TH I S AGREEMENT (the •Agreement•) is made and e nt ered into th i s day o f~~~~~~~' 1 983, amo ng the Ci t y c f Eng l ewo o d, Co l o rado (the •city•), the Eng l ewoo d Urba n Renewa l Auth o rity c·EURA·J , and the Englewood Do wn t o wn Deve lo pme n t Autho rity (·EDDA·). Re c itals A. The C ity i s a h o me r u l e mu n i c ipa l co rpo rati on having p l e nar y p o wer s e ver matter s of mu nici pal an d loc al conce r n , e x cept as lim ited by its Charter. B. EURA i s an ur ba n rene wal authority having the po wers enumerated in P art 1 cf Article 25 o f title 31 , C.R .S. 1973 , as amended . c. EDDA is a do wnto wn develo pment autho rity having the powers enumerated in Part B cf Article 25 cf Tit le 31, C.R .S. 1973, as amended . D, Th City Council of th Redevelopment Plan (th •p1an•J Ci ty ha appr ved a Downtown s an urb n renewal plan; E. The parties hereto de ire to enter into n agreement t o impl ment the Plan . Agr ment NOW, THEREFORE, in consider tin of the mutu 1 promis a and co v nants and other good nd v luabl consideration, receipt of which is hereby cknowledg d, the parties h ret c gree as follows: l • I • • ( • • • • 1. The City shall h ave the fo llowing respon s ibilities and duties with respect tc implementat io n of the Plan: 1.1 Reviewing all redevelopment plans submitted by the urban r enewal authority or a redeveloper in connection with the Pla n e r prcpcsals as required by all applicable codes and o rdinan c es. 1.2 Administering public improvement contracts. 1 .3 Reviewing preliminary and final design plans f o r p u b lic and private improvements. 1.4 Appr o ving o r re j e c ting any eminent d o mai n pr o ceedings deemed necessary by the EURA. 1.5 Co o rdinat ion c f co n s tru c ti o n of appro ved pu blic improvements . 1.6 Cooperation and assistance in formulati o n o f financing methods and schedules for public and private impr o vements. 1.7 Effectuating required traffic pattern al t erations and z on ing ame n dme n ts i n acco rdance wi t h requirements o f the Plan a nd any appro ved redevelo pment pr o po sa l s. 1.8 Pro vid i ng f o r the vacati o n cf streets a n d a c cept in g dedicati o n o f streets, curb and gutter impr o veme n ts r equired f or comp li a nc e wi t h th e Plan and an y appr o ved redevel o pme n t pr o po sa ls . 1.9 perf o rm ing coll e c t ion EUR A. Es tabl ishing a n acco unti ng system f o r the EU RA an d the acco unting and financial functi o ns re l ated t o a nd d is tr i buti o n o f tax increment fund s a cc ru ing t 1 .10 Pr oviding o pe rating fun ds t o th e EURA, subject to a later , m red tail dare ment . the 1 .11 Providing neces ry staff support to th EURA, ubJect to a lat r, m re det iled aqre m nt . 1 .12 Particip t ng ins 1 citation cf redeveloper propos ls nd n gotiation on redeveloper contr cts with EU RA . 1.13 Partic p tion on nt nd design revi w teams. 1 .1 4 Initiat requir d m nd ents to th Comprehen iv zoning Ordinance to implement the Plan . 2 • I • • ( • • • 2. EURA shall have the following responsibilities and duties with respect to implementation of t he Plan: 2.1 EURA shall have the responsibility for implementing the Plan and for defining a timetable f o r impleme n tati on o f the Plan. 2.2 Cooperating wit h the City a nd EDDA i n pre limina r y and final review of public improvements required by the Plan. 2.3 Contracting with the City o r o thers for des i g n and construction services f or public improvements required by the Plan. 2.4 Contracting with the City in a later, more detailed agreemen t , f o r staffing and financ i al management of the EURA through t he use of City emplo yees. 2.5 Devel o ping and appr o ving a financial program for public improvements to be constructed pursuant to the Plan. 2.6 Preparing bid packets and soliciting pr oposals from developers. 2.7 Acquis it ion o f pr o perty required for redevelopment pursuant to the Plan. 2.8 Conveyance o f pr o perty to the devel o per pursuant to the Plan and redevel o pment agreements. 2.9 Commencement and pr o secution o f acqu isition activities, including eminent domain proceedings, if necessary, to pu rchase properties designated f o r acquisit ion in the Pla n . EURA wi ll not acquire any ther property by eminent domain un l ess approved by City Council nd aft r consulting 1th EDDA. 2 .10 Participating on the management team, the d sign revie w team , and th team authori zed to neg tiate contracts with the r developer as required by the Pl an . 2.11 Sol r pon ib lity for issuance of funds necessary tc in nee the public imp r~v • nts cont mplated by the Plan. 2 .12 Con truction or int llation fall publi c improv ments required by the lan . EURA may contract with othe r public or priv te b die for provi on f th improv ment • 2 .13 D ition of 11 real nd per on l prop rty in furth ranee of the Pl n. 2 .1 4 Prep r ng pl n· fer th rep iring or r habilit ting, in co per ion with EDDA, r.f priv tely o wn d buildings s required by the Plan. I • • - < < • • • • 2.15 Establishing, in coo pe r ation wit h EDDA, a voluntary plan for the rel o cation of individ ua ls, familie s and busines se s displaced by reason of the acquisition of the EURA of the pr o perty upon which the individual, family or business was located. 2.16 Providing relocation benefits in accordance wi th the Relocation Plan approved by EURA. 2.17 Contracting with consu lt ants and other professionals as necessary to implement the Plan. 2.18 EURA shall execute a redevelopment agreement or agre ements with redevel o per selected in accordance with the Colorado Urban Renewal Law for redevelopment in accordance with the Plan. 3. EDD A shall have the foll o wing responsibilities and duties with respect to the implementation of the Plan: 3.1 To advise the EURA concerning acti ons t o be taken by the EURA pursuant to the Plan (including the amendment thereof), particularly as such actions might affect the central business district of the City and the residents and pr o perty o wners therein. 3.2 In cooperati on with EURA, to act as a facilitat o r in the implementation of the Pla n , to gain community support for the Pl an and to encourage resolu ti o n of issues affe cting res i dents, pr o perty o wner s and businesses in the central busin ss district . 3.3 Tc provide technical supp rt fer pc t-devel pment an gm n ffo rts. 4. Mis cell aneous Pr o visi on • 4.1 The parties rec o gn ize and that thi& Tripar y Agr m nt is preliminary and general inn tur • th x cuti~n cf th Pl n and he implementatirn cf red velop nt agr em nts and prep als my re uire refinem nt and od fications cf the dutie , r oles , and responsibilities rf th parties well a epar t or dditional agreements b w e n er mc:-.ng the • Th partie gr e tc cop rat with on ancther and with red v lopdr~ in con id ring such ch ng s , m dific tin , a endm nt and additional gr ements r quir d in th public inter st t effici ntly nd leg lly accomp li h the gcal nd cbjec ive of the Plan in at mely m nner. 4 • I • - • • • • 4.2 It is the intent and purpose of this Agreement to provide for an efficient allocation of r les and responsibili ies in connection with the Plan. Where joint responsi bilities are designated or where cooperation or consultation is required hereunder, the parties hereto pledge t o cooperate and wor together to accomplish the objecti ves hereof in a timely manner. 4.3 The agreements made herein shall be without prejudice to the exercise by any party hereto of any o ther right or power it may have by constitution , statute, or Ch arter. IN WITNESS WHEREOF, the part i es hereto have caused this Agreement to be executed by their respective officers duly authorized as of the date first above written. (SEAL) ATTEST: City Clerk (SEAL) ATTEST: Secretary (SEAL) ATTEST: S cretary CITY OF ENGLEWOOD, COLORADO ENGLEWOOD URBAN RENEWAL AUTHORITY ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY By----------=-----Chai rman Section 2. The City Council authorizes the May or a nd ex officio C ity Clerk to sign for and in behalf of the City o f Engle wood , Colorado. Introduc d, reld in full , and passed on first r ading on th 7th day of February, l 83. 5 • I • • - { • • • Published as a Bill for an Ordinance on the 9th day o f February , 1983. Eugene L. Otis, Mayor Attest: ex c fficio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the abcve and foregoing is a true, accurate and complete c o py of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 7th day of February, 1983. Gary R. Higbee 6 • I . - .. ( • • ORDINANCE NO. SERIES OF 198T3~~~ • • • BY AUTH ORITY A BILL FOR COUNCIL BILL NO. 6 INTRODUCED BY COUNCIL MEMBER ~ AN ORDINANCE APPROVING AN AGREEMENT TITLED •TRIPARTY AGREEMENT" BETWEEN THE CITY OF ENGLE WOOD, COLORADO, THE ENGLE WOOD URBAN RENEWAL AUTHORITY, AND THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHOR ITY ASSIGNING RESPONSIBILITIES FOR MATTERS RELATED TO THE DOWNTOWN PLAN. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section l. There is hereby approved the following agreement : TRIPARTY AGREEMENT TH IS AGREEMENT (the •Agreement•) is made and entered into this day of , 1983, among the City of Englewood, Colorado--:(~t~h-e--.,•~c~l~t-y~•,.,..), the Englewood Urban Renewa l Authority (•EURA•), and the Englewood Downtown Development Authority (•EDDA•). Recitals A. The City is a home rule municipal corporation having plenary powers o ver matters of municipal and local concern , except as limited by its Charter. B. EURA is an urban renewal authority having the powers enumerated in Part 1 o f Article 25 of title 31 , C.R.S. 1973 , as amended . c. EDDA is a downtown development authority having the po wers enumerated in Part 8 cf Article 25 cf Title 31, C.R.S . 1973 , as amended. D. Th City Council of th Ci y h s pproved D wnt wn Redevelopment Pl n (the •p1 n •) as an urban r ne wa l plan; E . The parties h reto de ire t implement the Plan . Agr m nt nter int an greement to NOW, THEREPORE, in con tion of th mutu 1 promi es nd c venants and other good nd valu ble consider tion, receipt of which is hereby ac nowl dged, the parties hereto agree s follows: l • I • - ( • • • • 1. The City shall have the fo llo wing respo n sibi li tie s and du ti e s with respect tc implementat io n of the Pla n : 1.1 Reviewing all redevelopment plans submitted by the urban re n ewal authority or a redeveloper in connection with the Plan e r p r o po sals as required by all applicable codes and o rdinances. 1.2 Administering public improvement contracts. 1.3 Reviewing preliminary and final design plans f o r publi c and private improvements. 1.4 Approving er rejecting any eminent d o main pr o ceedings deemed necessary by the EURA. 1.5 Coordination cf construction of appr o ved public improvements. 1.6 Cooperation and assistance in formulati o n o f financing methods and schedules for public and private impro vements. 1.7 Effectuating required traffic pattern a l terati o ns a nd z o ning amendments in acco rdance with requirements o f the Pla n and any appr o ved redevel o pment proposals. 1.8 Pro viding f o r the vacati o n o f streets a nd accept ing dedicati o n o f streets, c urb and gutter i mpr o veme n ts required f or co mp li a nc e wi th th e Plan and an y appr o ved re d eve lo pme n t pr o po sa ls. 1.9 per fo rm ing coll e c t ion EU RA. Es tabl i shing a n acc o unting sy s te m for th e EU RA a nd the acco unting and fi na nc ia l functi ns rela t ed tc a n d d i stributi on of t ax i nc re me nt funds accruing t 1 .10 Providing o perating funds to the U later , m re det a iled agre ment. b j ect t a the 1 .11 Providing nee ssary staff s uppe r to a 1 ter, more detailed agr • nt. U RA, subject 1.12 Participating in c icitati n c f r eve c per proposals and negotiation on redevelop r contract with EURA. 1.13 Participation on managem nt and d gn r view teams. 1.1 4 Initiate required amendm nt t the Comprehensive Zoning Ordin nc to impl ment the Plan . 2 • I • • ( ( • • ,· • 2. EURA shal l hav e the f ollo wi ng respo ns i bi li ties a n d dut i es with respect to implementation of t he Plan: 2.1 EURA shall have the respo nsibility f o r implementi ng the Plan and for defining a t imetable f o r implementati on o f the Pl a n . 2.2 Cooperating with the City and EDDA in preliminary a nd final review of public impr o vements required by the Plan. 2.3 Contracting with the City or others for design and co nstruction services f o r public impr o vements required by the Plan. 2.4 Contracting with the City in a later, mo re detai le d agreement, for staffing and financ i al management o f the EURA through the use o f City empl o yees. 2.5 Developing and appr o v i ng a f in a n cia l pr o gram f o r pu b lic improvements to be constructed pursuant to the Plan. 2.6 Preparing bid packets a nd solic i ting p ro po sa ls fr om developers. 2.7 Acquisition o f pr o perty required f o r redevel o pme n t pursuant to the Plan. 2 .8 Conveyance o f pr o perty to the deve lope r pursuant to the Pl an an d redevelopment agreements. 2.9 Co mmencement and pr o secuti o n o f acquis iti o n activities, in cluding eminent d o main pr o ceed i ng s , i f ne c e ss ary, t o purcha se pr o pert i es des i gnated f o r acquisit io n i n th e Pl a n . EURA will no t a cqui re an y o ther pr o perty by eminent d o ma in unl e s s appr o ved by City Council and a f t e r con s ul ti ng with EDD A. 2 .10 Par tici pat ing on t he ma n ag em e nt team , th e design revie w team , a nd th e te a m a uthorized to n eg oti at e cont r acts with t he redeveloper as r equi r ed by the Plan . 2 .11 Sole responsibility for issuance of funds necessary tc finance the public imprrvements contemplated by the Plan. 2,12 Construction or installation of all public improvements required by the Plan . EURA may contract with other public or private bodies for provision of these improvem nts. 2.13 Dis position of all real and p rsonal property in furthe r ance of the Plan. 2 .1 4 P r eparing plans for the repairing or rehabilitating , in cooperation with EDD A, of pri v ately o wned buildings as r equired by the Plan. 3 I • • ( ( • • • 2.15 Establishing, in c oope r ation wit h EDDA , a voluntary plan for the rel o cation cf individ uals, familie s a nd busi n e sses displaced by reason cf the acquisition of the EURA of the pr o perty upon which the individual, family or business was located. 2.16 Providing relocation benefits in accordance wi th th e Relocation Plan approved by EURA. 2.17 Cont racting with consultants and other pr o fessi o na l s as necessary to implement the Plan. 2.18 EURA shall execute a redevelopment agreement o r agreements with redeveloper selected in acco rdance with the Colorado Urban Renewal Law for redevelopment in accordance wi th t he Plan. 3. EDDA shall have the following responsibilities and duties with respect to the implementation cf the Plan: 3.1 Tc advise the EURA concerning actions t o be taken by the EURA pursuant to the Plan (including the amendment there o f), particularly as such actions might affect the c e n tra l bus in e ss district o f the City and the residents and pr o perty o wner s therein. 3.2 In cooperati o n with EURA, t o act as a fa c ilitato r in th e implemen ati o n cf the Pla n , t o ga in commun i ty s u ppo r t f o r the Pl a n and to encourage resol uti o n of issues affecti ng res i d e nt s , pr o pe rt y o wners and businesses i n t he c entra l busin ss d is tr ic t. 3.3 T pr o vid e tec hnical suppo rt f e r pest-d e v elo pme nt management ef f o rts. 4. Mi s cel l a ne o us P rov sicns . 4.1 The par ti s reccgni z and a gr e that this Tr par y A reement 1 p r liminary rd eneral in nature . h xecutir.n c f th Plan and entaticn cf redev lopment agr en• and prcpcsals my r qui r refinem nt and modificati o ns r.f the dutie , r ol s , and respo n sibilities f the pa r ti a well as se p a r ate e r dditicnal agreem nts b t ween er a ng them . The p rti s agree r. cooperate 1th o n e ancth rand ith redev l o p r in c onsidering such chang , mo di f i ca t ions , am nd m nts a nd additional gree• nt s r qui re d in t he p ubl c i n t e r s t t ef f iciently and legall y accomplish the goals and cbj ctiv cf the Plan in a i ly nner . 4 • ) I • • ~- • • • • 4.2 It is the intent and pu rpcs e cf this Agreement to provide fer an efficient allocation cf r ol es and respcnsibil ities in ccnnection with the Plan. Where joint responsibilities are designated or where ccoperaticn er consultation is required hereunder, the parties hereto pledge t o cooperate and work together tc accomplish the objectives herecf in a timely manner. 4.3 The agreements made herein shall be withcut prejudice to the exercise by any party heretc of any ether right or power it may have by constituticn , statute, er Charter. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective cfficers duly authorized as of the date first abc ve written. (SEAL) ATTEST: City Clerk (SEAL) ATTEST: Secretary (SEAL) ATTEST: sere ary CITY OF ENGLEWOOD, COLORADO By ____________ _ Mayer ENGLEWOOD URBAN RENEWAL AUTHORITY By---------=--.--Cha 1 r man ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY By----------:..,.--,-----Chairman S ction 2. Th City Council authorize th Mayer nd ex officio City Clerk to sign fer and in b half cf the City of ngl wood, ColC'radr. lntroduc , reid n full, and pas ed on irst re ding on the 7th d y r.f February, l 83. 5 • I • • - • • • • Published as a Bill for an Ordinance on the 9th day o f February, 1983. Attest: Eugene L. Otis, May or 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 f oregoing is a true, accurate and complete c o py of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 7th day of February, 1983. Gary R. Higbee 6 I • • • • • • BY AUTH ORITY ORDINANCE NO. SERI ES OF 198~3~~~ COUNC IL BILL NO . 8 INTRODUCE/3BY COUNCIL A BILL FOR MEMBER ' A7' AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD URBAN RENEWAL AUTHORITY PROVIDING FOR OPERATING STAFF, EQUIPMENT, AND RELATED SUPPORT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. There is hereby approved the following agreement: OPERATING AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ENGLEWOOD URBAN RENEWAL AUTHORITY THIS AGREEMENT entered into this day of 1983 between the CITY OF ENGLEWOOD, COLORADO, a municipal co rporation (hereinafter called the •city•), and the ENGLEWOOD URBAN RENEWAL AUTHORITY, a bo dy corporate and politic of the State of Colorado (hereinafter c alled •Authority•), Recital The City and the Authorit y have determined that for the purposes of ec onomy and the efficiency of operation, it is in the best interests of the public that the operating staff of the Authority be provided by the Ci ty through its employees, subject to the t erms and conditions of this Agreement. Agreement NOW, THEREFORE, in consideration of the mutual promises and co venants between the Englewood Urban Renewal Authority and the City of Englewood recited below, the parties agree as fellows: 1. Authority Employees Provided by the City: Effective Dates. a. Effectiv , all eroployees, including the Ex cutive Director, o f the Authority shall be provided by the City. The Board of Commissioners of the Authority shall determine which of the staff positions and th number of employees it requires for its operations, and upon mutual agreem nt of the City Council and the Urban Renewal Auth ority, the ame shall b provided by the City in accordance with this Agreem nt promptly after receipt of notice of such determination frcm the Authority. b, All employees of the Authority shall be subj ct to personnel policies and procedures, rul es and regulations s determined by th City, • I • • n • • • • - c. It is the intention and the understanding of the parties that the employees of the City may also serve as empl oyees of the Authority. While service as employees of the Authority, the Authority will record and document the porti on of the employee's work time attributable to such duties. The expenses of such portion shall be billed to the Authority as set forth in Secti on 5. It is the intention of the parties that the services performed by the employees for the City shall not unduly interfere with the ability of such employees to carry out their duties and responsibilities to the Authority. 2. Selection and Termination of Employees. a. The Englewood Urban Renewal Authority, in consultation with the City Manager, shall appoint an Executive Director for the Urban Renewal Authority. b. The selection and/or termination of all other employees of the Authority shall be made by the City Manager, wh o may delegate such responsibility to the Executive Director who in turn will consult with the Board of Commissioners o f the Auth ority in performing such functions. 3. Salaries. The salary range of the Executive Director and empl oy ees of the Aut hority shall be fixed by the City in accordance with established policy. 4. Other Services. In addition to providing staff employees for the Authority, the City will provide the Authority with such other services as may be required in order to perform its public functions, including, but not limited to, accoun ting, treasury, management, procurement, personnel services, engineering services, planning services and legal services. If the City is unable t o provide such services required for the successful co mpleti on of the project, the Urban Renewal Authority is emp o wered to contra ct with third parties to provide all o r a portion of suc h services. It is the intention of the parties that the annual or any special financial audits shall be performed by the City's independent auditor. All c sts of any such audit o r financial services shall be paid by the Auth or i ty. S. Reimbursement of City, The Auth o rity shall reimbur the City for all costs incurred by the City in providing the staff and services detailed 2 • ) I • • ; -• • • in t his Agreement. The City shall file and maintain a re cor d c f al l such services a n d costs and shall submit a detailed repor t to the Authority on a quarterly basis covering services and costs r endered and incurred during the immediately preceding quarter. Such claim shall be in sufficient detail and include salaries, be n efits, and e ther co sts incurred by the City and shall sufficiently designate the type of services performed by the City s o that the Authority might properly determine the funds to which the services are to be charged. The Authority shall not be obligated to repay any of these costs and expenses until such time as the Authority has sufficient funds, whether frcm the proceeds o f the sale of its tax increment bonds as contemplated in the Englewood Downt o wn Redevelopment Plan (the •urban Renewal Pl an•) o r from other sources. Within 90 days after rece i pt o f funds f r om the sale of such bo nds, o r fr o m o ther sources, the Autho rity sha ll pay all bills it has appr o ved for payment. Thereafter, during the life of this Agreement, no t later than the 15th day o f each quarter, the City shall file a claim with the Authority for services rendered during the immediately preceding calendar quarter, including all costs o f providing staff and services as set f o rth in this Agreement. Such claims shall be in sufficient detail and include salaries, benefits and o ther costs incurred by the City and shall c learly designate the type o f service performed by the City s o that the Authority admi ni stration may properly determine the acc o unts to which services ar e t o be charged. Each said c laim shall be pro mptly paid, and th e Authority shall be pr o vided with a quarterly financial statemen t . 6. Respo n si b ili ty o f Authority. No t hi n g in th is Agreement shall be interpreted in a n y ma n ner a s co nsti t ut in g the City as the agent o f the Authority o r t he Autho r ity a s the agent o f the City. Ea c h party shal l remai n s eparate an d n e ithe r sh a ll hereby assume the debts o r o bligati o ns o f the o ther. The Aut h o r i ty shall be respo nsible f o r c arryi ng o ut its d uties and f unctions in acco rda nc e with t he Colo rado Urba n Ren ewa l La w and other applica b l e la ws or regulations . 7. Terminati on . Thi Agr nt may b t rainated by the mutual consent of the parti s t any time after giving at le st thirty (30) days writ t n notice of intention to te r ainat the Agreeme nt . 8. Office Sp c I Furni hin g s . The City my mak a va ila b le pproprl te office space to the Authority, a provided under such lease agreement aa may be agreed up n by he parti a . All furniahinga , equ pment, and supplies pre ently o wned by the Authority shall r aain the property 3 • i) I • • - • • • • • of the Authority. Up on di sso lution of the Auth o r i ty, al l pr o perty shall revert t o the City . 9. Insurance. The Auth o rity may provide its own public liability insurance, provided, however, that the City and the Authori ty ag r e e to consider the desirability of including the Authority as a n additional insured within the City's existing liability insu r ance c o verages as a part o f the services to be provided by the City t o the Authority under the terms and provisions o f this Agreemen t. The Authority may consider o ther insurance that is necessar y t o pr o tect the assets o f the Urban Renewal Autho rity. IN WITNES S WHERE OF, the par t ies have set their signatures on the date first set forth above. ATTEST: City Clerk (SEAL) ATTE S T: 's'ec'r" tar y (SEAl,) CITY OF ENGLEWOOD, COL ORADO a municipal corporat ion ENGLEW OOD URBAN RENEWAL AUTHORITY By---------=--.---Cha i r man S ction 2. The City Council authorizes the Mayor and the x officio City Clerk to sign fo r and in b half of the City of Engle wood, Color do. Introduced, read ln full , nd pa s ed on first reading n the 7th day o f February, 1983 • • I • • - • ' • • • • Published as a Bill for an Ordinance on the 9th day of February, 1983. Eugene L. Otis, May or 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 f o reg oing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 7th day of February, 1983. Gary R. Higbee 5 I • • • • • • • • '1 /' I (_-r BY AUTH ORITY ORDINANCE NO. SERIES OF 198~3~~~ COUNCI L BILL NO. 8 INTRODUCED BY COUNCIL MEMBER di'R/2 A BILL FOR I AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD URBAN RENEWAL AUTHORITY PROVIDING FOR OPERATIN G STAFF, EQUIPMENT, AND RELATED SUPPORT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1 . There is here by approved the following agreement: OPERATING AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ENGLEWOOD URBAN RENEWAL AUTHORITY THIS AGREEMENT entered into this day of 1983 between the CITY OF ENGLEWOOD, COLORADO, a municipal corpo rat ion (hereinafter called the •city •), and the ENGLEWOOD URBAN RENEWAL AUTHORITY, a body corporate and politic of the State of Colorado (he reinafter called •A uthority•), Recital The City and the Authority have determined that for the purposes of economy and the efficiency of operation, it is in the best interests of the public that the operating staff of the Authority be provided by the City through its employees, subject to the terms and conditions of this Agreeme nt. Agreement NOW, THEREFORE, in consid eration of the mutual promises and covenants between the Englewood Urban Renewal Authority and the City of Englewood recited below, the parties agree as fellows: 1. Authority Empl yees Provided by the City: Effective Oats. a. Effective , all e ploye s, including the Executive Director, of the Authority shall b provid d by the City. The Board of Commissioners of the Authority shall determine which of the staff positions and the numb r of mployees it requires for its operations, and upon mutual agre ment of the City Council and the Urban Renewal Authority, the sam shall be provided by the City in accordance with this Agreement promptly fter receipt of notice of such determination frcm the Authority. b. All employees of the Authority shall be subj ct to personnel polici sand procedures, rules and regula ions as determined by the City • • ) I • • • • ,· - c. It is the intention and the understanding of the parties that the employees of the City may also serve as empl oyee s of the Authority. While service as employees of the Authority, the Authority will record and document the portion of the employee's work time attributable to such duties. The expenses of such portion shall be billed to the Authority as set forth in Section 5. It is the intention of the parties that the services performed by the employees for the City shall not unduly interfere with the ability of such employees to carry out their duties and responsibilities to the Authority. 2. Selection and Termination of Employees. a. The Englewood Urban Renewal Auth or ity, in consultation with the City Manager, shall appoint an Executive Director for the Urban Renewal Authority. b. The selection and/or terminati on o f all oth er employees of the Auth o rity shall be made by the City Manager, wh o may delegate such responsibility to the Executive Director wh o in turn will consult with the Bo ard of Commissioners o f the Auth or ity in perf o rming such functions. 3. Salaries. The salary range f the Executive Director and employees of the Authority shall be fixed by the City in accordance with established policy. 4. Oth er Se rvices. In additi on to providing staff employees for the Authority, the City will provide the Auth ority with such other services as may be required in order to perform its public functions, including, but not limited to, accounting, treasury, management, procurement, p rsonnel services, engineering services, planning s rvices and legal services. If the City is unable to provide such service required for the aucc ful completion of the project, th Urban Ren wal Authority i empow red to contract with third parties to provide all or a portion of such service • It is the intenti o n of the parties that the annual o r any special financial audits shall be performed by the City's indep ndent auditor. All costs o f any such audit or financi l services shall be paid by the Auth rity. S. Reimbursement of City. r The Authority shall reimburse th City for all costs incurred by the City in providing the staff and services detailed 2 • • I • • ...... • , • • - in this Agreement. The City shall file and maintain a record o f all such services and co sts and shall submi t a detailed report to the Authority o n a quarterly basis covering services and c o sts rendered and incurred during the immediately preceding quarter. Such claim shall be in sufficient detail and include salari es , benefits, and o ther costs incurred by the City and shall sufficiently designate the type of services performed by the City so that the Authority might properly determine the funds to which the services are to be charged. The Authority shall not be obligated to repay any of these costs and expenses until such time as the Authority has sufficient funds, whether from the proceeds o f the sale of its tax increment bonds as contemplated in the Englewood Downtown Redevelopment Plan (the •urban Renewa l Plan•) or from other sources. Within 90 days after receipt of funds from the sale of such bonds, or from other sources, the Authority sh all pay all bills it has approved for payment. Thereafter, during the life of this Agreement, not later than the 15th day of each quarter, the City shall file a claim with the Authority for services rendered during the immediately preceding calendar quarter, including all costs o f providing staff and services as set f o rth in this Agreement. Such claims shall be in sufficient detail and include salaries, benefits and other costs incurred by the City and shall clearly designate the type o f service performed by the City so that the Auth ority administration may properly determine the acc oun t s t o which services are to be charged. Each said claim shal l be promptly paid, and the Autho rity shall be pr ovid ed with a quarterly fin ancial statement. 6. Responsibility of Authority. Nothing in this Agreement shall be inte rpret ed in any manne r as constituting the City as the agent of the Authority or the Aut hority as the agent of the City. Each party shall remai n separ ate and neither shall hereby assume the debts or obligations of the other. The Authority s hall be responsible f or carrying out its duties and functions in accordance with the Colorado Urban Renewal Law nd other applicable la ws or regulations. 7. Termin tion. This Agreement may be terminated by th mutual consent of the parti s t any tim after giving at least thirty (30) days written notice o f int ntion to terminate the Agr ement. 8. Offic Space, Furni hin g s. The City my make availabl appropriate offic sp ce to the Auth ority,•• pr vided under such 1 ase greement as ••Yb agreed upon by the partie • All furni hings, equipment, nd aupplies pre ently o wned by the Authority shall remain the property 3 • I • • - f • • • • of the Authority. Upon dissolution of the Authority, all pr o perty shall revert to the City. 9. Insurance. The Authority may provide its own public liability insurance, provided, however, that the City and the Authority agree to consider the desirability of including the Authority as an additional insured within the City's existing liability insurance cove rages as a part of the services to be provided by the City to the Authority under the terms and provisions of this Agreeme nt. The Authority may consider o ther insurance that is necessary t o pr o tect the assets of the Urban Renewal Authority. IN WITNESS WHEREOF, the parties have set their signatures on the date first set forth above. ATTEST: City Clerk (SEAL) ATTEST: S cretary (SEAL) CITY OF ENGLEWOOD, COLORADO a municipal corporation By ____________ _ May o r ENGLEWOOD URBAN RENEWAL AUTHORITY By _____________ _ Chairman Section 2. Th City Council uthorize the May or and the ex officio City Clerk to sign for and in beh lf of th City of ngl wood, Color do. Introduced, read in full , and passed on first re ding on the 7th day o ebru ry, 1983. ' • I • • - , • • • • Published as a Bi ll f o r an Ordinan c e on t h e 9th day o f February, 1983. Eugene L. Otis, May o r Attest: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer cf the City of Englewood, Colorado, hereby certify that the above and f o reg o ing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 7th day of February, 1983. Gary R. Higbee 5 • I • • • ( • ORDINANCE NO. SERIES OF 198~3~~- • • • BY AUTHORITY A BILL FOR 71-/ COUNCIL BILL NO. 7 INTRODUCE~IL MEMBER / . AN ORDINANCE REPEALING AND REENACTING PORTIONS OF TITLE X, CHAPTER 3, SECTION 4, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, RELATING TO AUTHORITY OF CITY FORESTER. WHEREAS, the City Forester currently has certain powers regarding trees, plants, and grasses in public places, as well as the autho rity to order necessary actions in regard to trees o n private property; and WHEREAS, it is in the interest of the public health, sa f et y and welfare o f the citizens o f the City of Englewood to further define and clarify the City Forester's responsibilities and powers. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: S e c ti o n 1. That Sections 3, 4, 6, 7, and 9 of Title X, Chap t e r 7 , are hereby repealed and reenacted as follows: 1 0-3-3: CITY FORESTER There is hereby established within the Department o f Parks and Re cr eatio n in the administrative servic e o f the city the o ffi c e of th e Ci ty Fo rester. The City Fo rester sha l l be under the gen e ra l supervision o f the Di rect o r o f the Departmen t o f Parks and Recreatio n. The Ci ty Fo re s ter o ffice shall be filled either by (a ) appointm e nt by the Ci ty Manager under the pr o visi o ns o f Secti o n 5 2 , Articl e VII, of the City Charter and Chapter 1 , Title V, '69 E.M .C ., or (bl as a n a ppoin tee o f the C ity Co un c i l pursuant t o an agreement for s e rvic es w i th o ther l oca l g o vernmental units. Sho uld said office b e fill e d by appoi ntment by the Ci ty Co u ncil , pursua n t to an agreement fo r se r vices , said City Fo r ester s ha ll h ave in li k e manne r the exclusive jurisdiction and s up ervision of all trees and other plants and grasses gro wing in pu b lic places as hereinafte r set forth. 10-3-4 AUTHORITY OF CITY FORESTER The City Forester shall ha v e the follo wing responsibilities, authorities and po wer: 1 . Public Prop !.!Y The City Forest r shall have jurisdiction and sup rvision over all trees, oth r plants nd grasse gro wing in public pl ces. The City re ter shall have the po w r to promulgate rules , regulations and specification for tri111111ing , spraying, • I • • - • • • • • removing, planting, pruning and protection of plants upon pu blic property. He o r she may plant , trim , spray, preserve and remove trees, oth er plants and grasses , or o rder that the same be d on e, in public places to insure saf ety, preserve the symmetry and beauty of such places, prevent the spread of diseases, insects, etc. 2. Private Pro perty (al The City Forester, or designee, shall have the authority and it shall be his or her duty to order the spraying, tri mming, preservation or removal o f trees or plants upon private property when he or she shall find such action necessary to public safety , health, o r welfare, or to prevent the spread of disease or insec ts to other trees and places. (bl The City Forester may enter up on any premise s withou t warrant to inspect all wood piles or trees, logs, shrub s and o ther plants within the limits of the city, whether such trees, logs, shrubs or plants are for sale or not. Upon discovering any infectious insects or diseases harbored withi n such woo dpile, trees, logs , shrubs or plants, o r the existence of elm woo d, the City Forester shall at once notify the o wner o r an agent of the premi ses whereupon the same is locat ed of the condition found and shall direct such o wner or agent by notice to remedy such conditions immediat ely or at a time as determined by the City Fo rester • (cl Pr ocedure for issuance of such notice, appeal rights and remedies upon noncompliance are as set out in Section 10-3-6. 3 . Issuance of Permits and Lic enses. (al The City Forester shall have the authority to promulgate rules and regulations regarding standards of workmanship and the issuance of permits for activities requested under this section . A permit may be required by the City Forester for the planting, removal or maintenance upon public areas . Detailed inf rmation may be required by the City Fo rester upon receipt of an application for a permit. (bl The City Forester shall develop and provid to all persons licen ed under 10-3-9 copies of standards of workmanship required by the city for tree trimming , tree removal, spray pplications, afety r quirem nts , nd other such rules and regulations gov rning the business of planting, cutting, trimming, pruning, re~ v 1 or spraying plants wit hin the city. Violation of any provisions of th standards of workm n hip provided by the City or star shall provide sufficient cau e for a suspension or revoc tion f the license by the City Fore tar. 2 • I • • ...... ( • • • 4. Designat ion of Unlawful Trees, Shrubs, Plants. The City Forester shall have the auth o rity t o designate unlawful trees or plants and to order the remo val c f existing unlaw- ful trees or plants, where their existence is injurious t o the health and safety o f citizens er ether plants o r trees. Female Co ttonwood trees (Populus deltoides) or Bex Elder (Acer negundo) are hereby declared to be unlawful to be set cut or planted within the City. 10-3-6: PROCEDURE UPON ORDER TO PRESERVE REMOVE OR SPRAY When the City Fo rester shall find it necessary to o rder the trimming, spraying, preservation or removal c f trees or plan ts upon public o r private pr o perty, as authorized in this ordinance, he shall serve a written o rder to correct the condition upon the owner, o perator, occupant, ether person responsible, o r upon the property whe re the condition exists. (a) Meth o d of service. The order required herein shall be served in one (1) c f the following ways in o rder of preferen c e: (1) By making personal delivery of the o rder t o the per son responsible; (2) By leaving the order with some pers on of suitable age and discretion upon the premises; (3) By affixing a copy cf the order to the door at the entrance to the premises in vi ol ati on ; (4 ) By mailing a copy of the o rder t o the last kno wn address of the o wner of the premi ses by registered o r certified mail, return re cei pt requested; (5) By publishing a co py of the order in a local paper once a week for three (3) successive weeks. (b) Tim for compliance . The order requir d her in sh 11 t f o rth a tim limit fr complianc f not 1 ss than tw nty-four (24) h ur and n t m r than forty-five (45) days, as the City orest r d ems appr priate. (c) App al from ord r. Any person to wh o n order hereund r i dire c ted may app 1, in writing, to th Dir ctor of Parks and Recr ation within ev nty-two (72) hours of th se rvice f such an order . Emergency notices, s et out in Sec. 10-3-6(f), are excluded from thi pr cedure . Th ppeal h 11 cont n the pp llant'a na nd address , the decision being app aled, and a brie explanation o why the pp llan hould n t b required t co ply with the order 3 • I • • ...... ( • • • - appealed. The Directo r o f Parks and Recreat ion or his desig nee promptly shall meet informally with the appella nt to exchang e necessary information and shall issue a decision in writing to the appellant at his address stated in the appeal. Unless the order is revoked or modified, it shall remain in full force and be o beyed by the person to whom directed. (d) Failure to comply. When the person to whom the order is directed shall fail to comply within the specified time, the City Forester shall remedy the condition or contract with others for such purpose and ch arge the cost, plus fifteen percent (15 %) for administrative fees, to the person to whom the order is directed . The pers o n remedying a condition under a contract made hereunder shall be authorized to enter premises for that purpose. Failure t o co mply also constitutes a municipal ordinance violation, for whi ch the violator may be cited and summoned into Municipal Court and, if convicted, punished according to Title II, '69 E.M.C. (e ) Special assessment. If the cost of complying with a City Forester order to trim, spray, preserve, remove trees or take other appropriate action is not paid within thirty (30) days after receipt o f a statement therefor from the City Forester, such cost, plus twenty-five percent (25%) of such cost, shall be levied against the responsible property o wner or property upon which said condition exists, as a special assessment. The levying of such assessment shall not affect the liability of the person to whom the order is directed to fine and imprisonment as herein provided. Such special assessment shall be certified by the Director of Finance, ex officio City Clerk to the Treasurer of the County of Arapahoe, State of Colo rado , and shall thereupon become and be a lien ~pon such property, shall be included in the next tax bill rendered to the o wner o r owners thereof unless paid before, and shall be collected in the same manner as other ad valorem taxes against such property are coll ected. (fl Emergency notice. In the event the City Forester finds a condition involving a tree, shrub o r other plant which constitutes immediate threat to life, limb or property, the City Fo rester shall h ve authority to immediately have caused correction o r remedy to uch condition at the owners ' or agents' expense without adminis- trative fee . If the costs are not paid by o wner within thirty (30) days of notice of costs, the City Foreste r shall initiate procedure for a special assessment as authorized under 10-3-6(e). 10-3-7: ABUSE OR MUTIL ATION OF TREES (a) Unle authorized by the City Foreste r or property o wner, n per on shall p rform any of th following on any public prop rty within the City or on ny othe r private property not belonging to ht per on: 4 I • • n ( • • - (1) Damage, cut, carve, transplant, er remove any tree e r shrub er injure the bark thereof. (2) Pick the flowers or seeds cf any tree or plant. (3) Attach any rope, wire or ether contrivance t c any tre e er plant. (4) Dig in or otherwise disturb grass areas, er in any other way injure er impair the natural beauty or usefulness of any public area. 10-3-9: LICENSE REQUIRED FOR BUSINESS It shall be unlawful for any person, firm e r c o rporation t o engage in the business of planting, cutting, trimming, pruning, removing er spraying trees, shrubs, vines or hedges with the City without first procuring a license therefor from the Directer of Finance. No such license shall be issued without the written approval of the City Forester who shall first be satisfied cf the competency cf the applicant to engage in such business as indicated by an examination conducted by the City Forester, both cral and written. At his or her discretion, the City Forester may accept spraying and trimming licenses frcm other jurisdictions as prima facie evidence that the applicant has satisfactorily completed Englewood licensing requirements. Prior to issuance cf such license, the applicant shall have a certificate of insurance with a minimum o f ten --twenty --twenty-five --fifty thousand d o llars, copy of sa i d certificate t o be placed on file with Directo r o f Finance. Sa i d i nsurance shall be for the purpose of indemnifying the City c f Englewoo d o r other person from loss or damage resu l ting to any pers o n o r pro perty by the negligence of such Licensee. Such license shall b e i ssued f o r a period not to exceed one (1) year and expire on Dec ember 3 1 f o llo wing its issuance. The license fee shall be fifty d ol lar s ($50 ) per year, o r fraction thereof, payable in advance. Any su c h license may be suspended or revoked by the city Forester upo n wr i tte n no t ic e fr om the Ci ty Fo rester stating i n what manner such licen s e e h a s violat d the rules and regulat ions o f the City Fo re s ter or any provisions rf any City o rdinance. An appea l f r o m su c h susp nsion or r voca in may b e made t o th e Di r ecto r o f th D p rtm nt of Park and R c r e at ion in a cco rda nc with S e c ti o n 10-3-6(c) by r u ting such hea r i ng wi thi n se v n ty -two (72) ho ur s of i su nee f notice cf susp nsion e r revo ca tion . Unl e ss s tayed b y the Dep rt nt Director , upon a sho win g o f i rr e pa rabl inj ury, the revocation or usp ns i on o r d r o f the City Fo r es t r hall rema in in full force and e f f ct . Lie nses are n o t tran sf r b l Li c ense e shall supervis and be responsibl e f o r a ll wo rk done under h is licens • 5 • I • • • • • Section 2. Penalty fer Vi c laticn . Violation of this ordinance is unlawful and punishable by a fine not exceeding Three Hundred Dollar s ($300) or by imprisonment net exceeding ninety (90) days or by beth such fine and imprisonment. Each day during any pcrticn cf which any violation of this ordinance is committed, permitted or continued shall constitute a separate offense. Section 3. Severability. If any previsions or clause cf this ordinance or the application thereof to any person or circumstances held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other ordinance provisions er clauses or applications thereof which can be implemented without the invalid provision, clause or application, and to this end the provisions and clauses of this ordinance are declared tc be severable. Introduced, read in full, and passed on first reading on the ~day of February,1983. Published as a Bill for an Ordinance on the.2.Y:L_day cf February ,1 9 8 3. Eugene L. Otis, Mayer 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 foreg oing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 7th day of February, 1983. --- Gary R. Higbee 6 I • • ORDINANCE NO. SERIES OF 198~3~~- BY AUTHORITY A BILL FOR • • • 71-/ COUNCIL BILL NO . 7 INTRODUC~Jli BY_c o µN CIL MEMBER~ __,, ...... """:w=;.'"""'=-- AN ORDINANCE REPEALING AND REENACTING PORTIONS OF TITLE X, CHAPTER 3, SECTION 4, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, RELATING TO AUTHORITY OF CITY FORESTER. WHEREAS, the City Forester currently has certain powers regarding trees, plants, and grasses in public places, as we ll a s the auth o rity to order necessary actions in regard t o trees on private property; and WHEREAS, it is in the interest of the public health, safe ty and welfare of the citizens of the City of Englewood to further define and clarify the City Forester's responsibilities and powers. NOW, THEREFORE, ~E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That Sections 3, 4, 6, 7, and 9 of Title X, Chapter 7 , are hereby repealed and reenacted as follows: 1 0 -3-3: CITY FORESTER There is hereby established within the Department of Parks a nd Re c reati on in the administrative service cf the city the o ffice of t h e Ci t y Fo rester. The City Fo rester shall be under the general s u pervi sio n c f the Direct o r o f the Department c f Parks and Rec r ea t io n. The City Fo rester o ffice shall be filled either by (a ) a ppointment by the Ci ty Manager under the pro visions o f Secti o n 52, Ar tic le VI I , o f the City Charter and Chapter 1, Title V, '69 E.M.C., or (b) as a n appoin tee o f the City Counci l pursuant t o an agreeme nt fo r s erv ic e s wi t h o ther l oc al g o vernmental un its. Sho uld said office be filled b y appo intment by the Ci ty Co un ci l, pursua nt t o an agreeme nt for se rv ices , said City Forester sh a ll have in li ke manner the exclusive jurisdiction and supervision of all trees and other plants and grass gro wing in public places as hereinaf t e r set forth. 10-3-4 AUTHORITY OF CITY FORESTER The City Forest r shall have the follo wing responsi b ilities , authoriti sand po wer: 1. P ublic Pro p e!,!l Th e City orester shall ha v e jur i sdiction and sup rvi ion over all tree , other plants a nd gras s gro wing in public place • The City Fore ter sh 11 ha v e the po w r to promulgate rules , regulations nd specific tion for tri mm ing , praying , • I • • - • • • - removing, planting, pruning and pr o tection cf plants upon publi c property. He or she may plant, trim, spray, preserve and remove trees, other plants and grasses, o r order that the same be done, in public places to insu re s afety, preserve the symmetry and beauty cf such places, prevent the spread o f diseases, insects, etc. 2 . Private Property (a) The City Fo rester, or designee, shall have the authority and it shall be his o r her duty to order the spraying, trimming, preservation o r removal o f trees or plants upon private property whe n he er she shall find such action necessary to public safety , health , or welfare, or to prevent the spread cf disease or insects to other trees and places. (b) The City Forester may enter upon any premises without warrant to inspect all wood piles o r trees, logs, shrubs and other plants within the limits of the city, whether such trees, logs, shrubs o r plants are f o r sale e r not. Upon discovering any infectious insects or diseases harbored within such woodpile, trees, logs, shrubs o r plants, o r the existence of elm wood, the City Forester shall at once notify the o wner or an agent c f the premi se s whereupon the same is located of the condition found and shall direct such o wner or agent by notice to remedy such conditions immediately or at a time as determined by the City Forester. (c) Procedure for issuance of such notice, appeal rights and remedies u pon noncompliance are as set o ut in Section 10-3-6. 3. Issuance of Permits and Licenses. (a) The City Forester shall have the auth rity to promulgat rules and regulations regarding standards of wo rkmanship and the issuance of permits for activities requested under this section . A permit may be required by the City Forester for the planting , removal or maintenance upon public areas. Detail d information may be required by the City Fo rester upon receipt of an applic tion for a permit. (bl The City crester sh 11 d velop and provide to all persons licen d under 10-3-9 copies of standards of wor aanship required by the city or tree trimming , tre re11eval, spray application , safety re uirements, and other such rules and regulation gov rning the bu ness of pl nting , cutting , tri ming, pruning, re val nr spray ng pl nts within the city. Violation of ny provisions of these standard of wor man hip provided by the City orester shall provide sufficient cause for a su pension or revoca ion the l cens by the City Forester . 2 • I • • - ( • • • - 4. Designation of Unlawful Trees, Shrubs, Plants. The City Forester shall have the authority to designate unlawful trees or plants and to order the removal of existing unlaw- fu l trees o r plants, where their existence is injuri o us t o the health and safety o f citizens o r other plants o r trees. Female Co ttonwo o d trees (Populus deltoides) or Box Elder (Acer negund o) are hereby declared to be unlawful to be set out or planted withi n the City. 10-3-6: PROCEDURE UPON ORDER TO PRESERVE REMOVE OR SPRAY Whe n the Ci ty Fo rester shall find it necessary t o o rde r t he tr i mming, spray in g, preservation or removal o f trees o r p l a nts upon pu blic o r pr i va te pro per t y, as authorized in th i s o rd in a nce, he shall s erve a written or der t o co rrect the condition upon the o wner , o perato r, occ upant , o t he r perso n respo nsible, o r upon t he prope r ty where th e condition e x ists . (a) Me thod of service . Th e o rder required here in shall b served in one (1) of the follo w ing ways in o rder o f p r eferenc : (1) By making personal d e li very of the o rde r to the p rson responsible; (2) By leaving the order with s o me pers o n of suitable ge and discreti n upon the pr emise s ; (3) By aff x ng a copy of t h e o rde r t o t he door at the entrance t the pr ises in v io la tion; (4) By mailing a copy of t he o rder to th e last kn wn address f the o wner of t he p r emises by registered or certified mail , return r eceipt requested ; (5) By publishing a copy of the order in a local paper once a week for three (3) successive weeks. (bl Tim for compliance. The order required herein shall set forth a time limit for compliance of not less than twenty-four (24) hours and not more than forty-five (4 5) days, as th City Forster deems appropriat • (c) Appe 1 from ord r. Any person to whom an order h reund r is direct d may appeal, in writing , to the Di r ector of Parks and Recr ation withins venty-two (72) ho ur s of the service of such an order. Emergency n tices , s set out in Sec. 10-3-6(f), are exclud d from this procedur • Th ppeal shall contain the appellant 's name and address, the decision being appealed , and a bri f explanation of why the appellant hould not be required to comply with the order 3 • I • • ( C " .. • • • appealed. The Director o f Parks and Recreati o n or his desig nee promptly shall meet informally with the appella nt to exchange necessary information and shall issue a decision in writing t o the appellant at his address stated in the appeal. Unless the order is revoked er modified, it shall remain in full force and be o beyed by the person to whom directed. (d) Failure to comply. When the person to whom the order is directed shall fail to comply within the specified time, the City Forester shall remedy the condition or contract with others for such purpose and charge the cost, plus fifteen percent (15%) f o r administrative fees, to the person to whom the order is directed. The pers o n remedying a condition under a contract made hereu nder sh all be authorized to enter premises for that purpose. Failure to com ply also constitutes a municipal ordinance violation, for which the violator may be cited and summoned into Municipal Court and, if co nvicted, punished according to Title II, '69 E.M.C. (e) Special assessment. If the cost of complying with a City Forester order to trim, spray, preserve, remove trees or take o ther appropriate action is not paid within thirty (30) days after receipt of a statement therefor from the City Forester, such c o st, plus twenty-five percent (25%) o f such cost, shall be levied against the responsible property owner or property upon which said condition exists, as a special assessment. The levying of such assessment shall not affect the liability of the person to whom the order is directed to fine and imprisonment as herein provided. Such special assessment shall be certified by the Directo r o f Finance, ex officio City Clerk to the Treasurer o f the County o f Arapah o e, State of Colorado, and shall thereupon become and be a lien upon such property, shall be included in the next tax bill rendered to the o wner e r o wner s thereof unless paid befo re, and shall be collected in the same manner as other ad valorem taxes against such pro perty are collec ted. (f) Emergency notice . In the event the City Forester finds a condition involving a tree, shrub or other plant wh ich constitutes immediate threat to life, limb o r property, the City Forester shall have authority to immediately have caused cor recti on or remedy to such condition at the owners ' or agents' expense wit hout adminis- trative fe • If the costs are not paid by o wner with in thirty (30) days of notice f costs, the City Foreste r shall initiate procedure for a special assessment as authorized under 10-3-6(e). 10-3-7: ABUSE OR MUTILATION OF TREE S (a) Unless authorized by the Ci ty Foreste r o r property o wner, no person shall perform any of th follo wing on any public prop rty within the City or on 11y other private property not belonging to that person: 4 • I • • ( - • • • (1) Damage, cut, carve, transplant, er remove any tree or shrub or injure the bark thereof. (2) Pick the flowers or seeds of any tree or plant. (3) Attach any rope, wire or other contrivance to any tree or plant. (4) Dig in or otherwise disturb grass areas, or in any oth er way injure er impair the natural beauty or usefulness of any public area. 10-3-9: LICENSE REQUIRED FOR BUSINESS It shall be unlawful for any person, firm er corporation t engage in the business of planting, cutting, trimming, pruning, remeving or spraying trees, shrubs, vines or hedges with the City without first precuring a license therefor from the Director of Finance. No such license shall be issued witheut the written approval of the City Forester who shall first be satisfied of the competency of the applicant t engage in such business as indicated by an examination conducted by the City Forester, both oral and written. At his o r her discretion, the City Forester may accept spraying and trimming licenses from other jurisdictions as prima facie evidence that the applicant has satisfactorily completed Englewood licensing requirements. Prior to issuance of such license, the applicant shall have a certificate of insurance with a minimum of ten --twenty --twenty-five --fifty thousand dollars, copy of said certificate to be placed n file with Director of Finance. Said insurance shall be for the purpose of indemnifying the City of Englewood o r other pers n from loss or damage resulting to any persen or property by the negligence o f such Licensee. Such licen e shall be issued for a prod not to exceed one (1) year and expire on December 31 following its issuance. The license fee shall be fifty dollars ($50) per year, or fraction thereof, payable in advance. Any such license may be susp nded or revoked by the city Forest r upon written netice from the City Forester stating in what manner such licensee has violated th rules and regulations of the City Forester or any provisions of any City ordinanc • An ppeal from such susp nsion o r revocation my b mad to the Director of the Department of Parks nd Recre tlon in ccord nee with Section l0-3-6(c) by requesting uch he ring withins venty-two (72) hours of issu nee of notice o f susp nsion or revocation. Unless st yed by the Departm nt Director, upon a sho wing of irreparable injury, th r vocation r uspen ion ord r of the City Forest r shall rm in in full force and effect. Licens s are not transf rable. Licensee hall upervise nd be resp nsible for 11 werk done und r his license . 5 • I • • -• • • Section 2. Penalty f e r Viol ati o n. Violation cf this o rd in a nc e i s unlawful and punishable by a fine n o t exceeding Three Hundred Do llars ($300) o r by imprisonment n e t exceeding ninety (90) days o r by b e th such fine and imprisonment. Each day during any porti o n c f which any violation cf this ordinance is committed, permitted o r c ontinued shall constitute a separate offense. Section 3. Severability. If any provisions or clause c f this ordinance or the application thereof to any person e r circumstances held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect o ther o rdinance pr e visi on s e r c lauses o r applications there o f wh ich ca n be implemented without the invalid pr o vision, clause o r application, and to this end the provisions and clauses of this ordinance are declared to be severable. Introduced, read in f u ll , and passed o n f i rst reading o n the 7th d a y o f February,198 3 . Published a s a Bill for an Or din an c e on the.21h._day of February ,1 98 3. Eu g e n e L . Ot is, May or Att e st : e x o ffi c i o City Clerk-Treasurer I , Ga ry R. Higbee, ex o fficl City Clerk-Treasure r of th e City of Engle wood, Colorado , hereby certify that the above and foregoing is a true , accurate and complete copy of a Bill for an Or dinance , in troduced, read in full, and passed on first reading on the 7th day of F bru ry , 1983. --- Gary R. Higbe 6 • I • • BY AUTHORITY ORDINANCE NO. S ERIES OF 198~3~~~ A BILL FOR • • • 71 COUNCIL BILL NO. 10 INTRODUC~~IL MEMBER ~ AN ORDINANCE AMENDING THE 1969 ENGLEWOOD MUNICIPAL CODE, TITLE V, CHA~TER 3, RELATING TO THE NONEMERGENCY RETIREMENT PLAN. WHEREAS, the Pension Plan of the City of Englewood, f o r its nonemergency employees, has been reviewed by the City's consulting actuaries; and WHEREAS, recommendati ons have been made by the actuaries to the City and its employees; and WHEREAS, the City and its emplo yees have agreed on the nature o f the changes of the nonemergency employees retirement plan; ard WHEREA S , the changes proposed herein are o f an interim basis until the entire plan can be rewritten to reflect a mo re concise and easily readable document; and WHEREA S , rather th a n wait for a redraft of the entire documert , wh ich could take many months , the City and employees are desi r ous f implementing the following changes as soon as pc;ssible . NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: Sectirn 1 . Th frll wing Sections and Subsections o f Title V, Chapter 9, rf the 1 69 Engle woo d Municipal C de, as amended, are amended tr rad as follows: 5-9-3:< DEFINITIONS (w) •Fin al Average Monthly Compensation • shall mean the average rf th total Compensation paid to a member during the thirty-six (36) cc;nsecutive calenda r months (determined with out the inclusion of any Brak in Service) within the last one hundred twenty (120) completed calendar months of employment with the City which yield the highest Average Compensati n. In the evept the member was employed for fewer than thirty-six (36) consecutive calendar months, such averag monthly comp nsation shall be based en his Crmp nsation for the thirty-six (36) successive m nths during his 1st rn hundred twenty (120) calendar months f employment with th City that would yi ld th high st averag , or his full peric;d rf such mploym nt, if 1 ss than thirty-six (36) m nths. l I • • • • - 5-9-17: EARLY RETIREMENT DATE A member wh o has attained the age o f fifty-five (55) years and has completed five (5) years o f credited service may elect to retire as of the first day o f any calendar month. 5-9-21: NORMAL RETIREMENT BENEFIT Upon retirement at the normal retirement date, each retired member shall receive a monthly benefit for ten (10) years certain, and life thereafter, equal to o ne and one-half percent (1.5%) of the member's final average mon thly compensati o n, multiplied by the number of years o f the member's credited service. 5-9-22: EARLY RETIREMENT BENEFIT A member retiring pri or to his normal retirement date shall be entitled to receive a normal retirement benefit reduced by three percent (3%) fo r each year by which the early retirement date precedes the normal retirement date , with a pro rata reduction for fractional parts of a year. 5-9-25: RETIREMENT BENEFIT PAYMENTS (a) Unless o pti on a l retirement benefit payments are applicable , the retirement bene fit as provided in Section 5-9-21 shall be paid in equal mon thly installments and the first such installment shall be paid on the first of the month ne xt succeeding them nth in which the retirement date occurs continuing at monthly intervals for a period o f one hundred nineteen (119) additional m nths and fr the r etired member 's lifetime thereafter . The last benefit payment shall be made rn the first day of them nth of the retired member 's death , unless payments have been made for fewer than rne hundred twenty (120) months in which event they shall be c ntinued to the named beneficiary, ceasing when a total of one hundred twenty (120) monthly payments have been made t o the retired member and his beneficiary combined . (b) The monthly benefits for individuals whose benefits commenced prior to January 1 , 1983 shall be increased as of January 1, 1983 by five percent (51) for each year or fraction thereof that payments have been made t the member or member and beneficiary. However, the increase effective January 1, 1983 shall be at least $25 perm nth. 5-9-29: DEATH OF A MEMBER BEFORE NORMAL RETIREMENT DATE (a) In the event an active member , vested member, or disabled member of the Plan dies prior to his early retirement d te, th r shall be paid to the b n ficiary designated by him, if id ben fici ry be living, other wise to his est te , the amount f 2 • I • • ...... • • • - his accumulated c o ntribu t i o ns as o f his date o f death plus two percent (2%} o f the c o mpensati o n received by him subsequent t o December 31, 1975 and pri o r t o January 1, 1983. (b) In the event that an active member, vested member, o r disabled member o f the Plan dies subsequent t o his early retirement date and pri o r t o his n o rmal retirement date, the following death benefit shall be paid: (l} If the member has a surviving spouse, 50% o f the mo nthly benefit accrued by the member prior to death shall be payable to the spouse for one hundred twenty (120) months certain, and life thereafter. However, if the spouse is mo re than five years younger than the member, the mo nthly benefits will be reduc e d o n an actuarial equivalent basis to reflect the difference in age in excess o f five years. (2) If the member is n o t survived by a spo use, a death benefit equal t o fifty percent (50%} o f the mo nthly benefit ac c rued by the member at his death shall be paid t o the benefi c iary designated by the member f o r a peri o d c f o ne hundred twent y (1 2 0 } mo nths. If the member is n o t survived by a designated benef ici ary, th e o n e hundred twenty (120) mo nthly payments sha l l be c o mput ed a nd pa i d in a single lump sum t o the member's estat e . 5-9 -33: DEATH OF A VE S TED MEMBER BEFORE RETIREMEN T DAT E In the event that a vested member dies pri o r t o h is earl y retirement date, there shal l be paid t o the benef i ciary de s ign a t ed by hi m, if l i ving, o therwi s e t o his e s tat e , the am o u n t o f his a cc umu l ated c o ntributi o n s a t t h e time o f deat h pl us t wo p e r cent (2 %} o f the co mpensat io n r ecei ved by him subs eq u ent t o Decemb er 31 , 1 9 75 a n d pri o r t o Januar y 1 , 1 98 3 . 5-9 -3 6: LE SS THAN F I VE YEAR S ' CREDI T ED SE RVI CE In the e v ent that a member shall resigr o r be discharged from the se r vice of the City prior to the no r mal retirement date with less than five (5) years cf credited service , the only benefit t o which he shall be entitled under this plan shall be the sum o f: (a} The amount o f his accumulated c o ntributi o ns. (bl Two percent (2%) cf the compensation received by the member subsequent to December 31 , 1975 and prior t o January 1 , 1983 . 5-9-37: FIVE OR MORE YE ARS ' CREDITED SERVICE (a} (2) To recei v e , in lieu of all other b nefits, a refund of his accumulated contribution plus t wo pre nt (21) o f the comp nsation received by him subsequent t D c mber 31 , 1975 and prior t o January 1 , 1983. 3 • I • • - • • • • • (e) A vested member may elect at any time prier t o his retirement date er receive, in lieu cf all other benefits, a refund of any accumulated contributicns as of the date of the refund plus two percent (2) cf the compensation received by him subsequent to December 31, 1975 and prier tc January l, 1983. Section 2. The effective date cf the amendments identifed in Section l shall be January l, 1982. Intrcduced, read in full, and passed on first reading en the 7th day cf February, 1983. Published as a Bill for an Ordinance en the 9th day o f February, 1983. Eugene L. Otis, May e r Attest: ex of ficio 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 7th day o f February, 1983. Gary R. Higbee 4 • I • • - ORDIN ANCE NO. S ERIES OF 198-3~~~ • • .. • BY AUT HORITY A BILL FOR COUNCIL BILL NO. 10 INTRODUC ED BY COU NCIL MEMBER ~ AN ORDI NAN CE AMENDIN G THE 1969 ENGLEW OOD MUNICIPAL CODE , TITLE V, CHA P'rE R 3 , REL ATIN G TO THE NONEMERGEN CY RE'r IRE MENT PL AN. WHER EAS , the Pen s i o n Plan o f the City o f En g l ew ood , f or i ts no n e mer g en c y empl o yees, ha s been reviewed by th e City's co n s u lti ng ac tuaries; a nd WHEREA S , rec o mmendati o ns have been made by th e a c tuar ies to the City and it s emp lo yees; and WHEREA S , the City and its employees have agreed on the nature o f the change s o f the no nemergency emplo yees retirement plan; and WHEREA S , the c hanges pr o posed herein ar e o f an interim basi s until the e n ti re pla n can be rewritten t o refle c t a mo r e co n c i se and ea si ly r e ad a b le d oc ument; and WHER EAS , rather tha n wa i t f o r a redraft of th e ent i r e d oc ume nt , which co uld take many mo nth s , the Cit y and empl o y ees are • desir ous of i mp l ement in g th e f o ll o win g c ha ng e s as soo n a s po s s ib le . • NOW, THEREFORE , BE IT ORDAI NE D BY THE CITY COU NCIL OF THE CIT Y OF ENGLE WOOD , COLORADO , AS FOLLO WS: Section l. The following Sections and Subsections of T itle V, Ch a p t e r 9 , of the l 6 Engle wo d Municipal Code , as a mended , are amended to read sf llows: 5-9-3:< DEFINITIONS (w) "Fin Av rage Mcnthly Compensation• shall man the v r ge cf the tot l Comp ns ion p id to am m r during th hirty-ix (36) cons cutive c 1 ndar mc.nths (d termined without th inclu ion of ny Br k in S rvice) within the l tone hundr d twenty (120) co pl ted c lendar month of mployment with th City which yield th h ghe t Av r g Comp n tion. In th vent th m mber wa employed or f w r than thirty -si x (36) consecutive cal nd r months, such monthly comp ns tion hall be b d on his Cop n tion thirty-six (36) successive m nth during his last hundred tw nty (120) cal nd r nth of employmen with that w uld yield the hi hat av rage, or his full per od o ploym nt, if less than thirty-ix ( 6) on ha • l I • • • • • • 5-9-17: EARLY RETIREMENT DATE A member who has attained the age of fifty-five (55) years and ha s completed five (5) years of credited service may elect to retire as of the first day of any calendar month. 5-9-21: NORMAL RETIREMENT BENEFIT Up o n retirement at the normal retirement date, each retired member shall receive a monthly benefit for ten (10) years certain, and life thereafter, equal to one and one-half percent (l.5t) of the member's final average monthly compensation, multiplied by the number of years o f the member's credited service. 5-9-22: EARLY RETIREMENT BENEFIT A member retiring prior to his normal retirement date shall be entitled to receive a normal retirement benefit reduced by three percent (31) for each year by which the early retirement date precedes the normal retirement date, with a pro rata reducti o n f o r fractional parts of a year. 5-9-25: RETIREMENT BENEFIT PAYMENTS (a) Unless o pti o nal retirement benefit payments ar e applicable, the retirement benefit as provided in Section 5-9-21 shall be paid in equal monthly installments and the first such installment shall be paid on the first of the month next succeeding the month in whi ch the retirement date occurs continuing at monthly intervals for a period of o ne hundred nineteen (119) add itional mon ths and for the ret ired member's lifetime thereafter. ·rhe last benefit payment shall be made on the first day of the month of the retired member's de ath, unless payments have been made for fewer than one hundred t we nty (120) months in which event they shall be continued to the named beneficiary, ceasing wh en a total of o ne hundred twenty (120) monthly paym ent s have been made to the retired member and his beneficiary combined. (b) The monthly b nefits for individuals whose benefits com menced prior to January 1, 1983 shall be increa ed as of January 1, 1983 by five percent (5 1) for each year or fraction thereof that payments have been made t the member or member and beneficiary. However, the increase effective January 1, 1983 shall be at least $25 per month. 5-9-29: DEATH OF A MEMBER BEFORE NORMAL RETIREMENT DATE (a) In the vent an active member, v sted memb r, or disabled member of th Plan dies prior to his early retirem nt date, there sh 11 be paid to the benefi cia ry designated by him, if said beneficiary b living, otherwis to his stat , the am unt of 2 • I • • • • • • his accumulated contributions as o f his date o f death plus tw o percent (21) of the compensation received by him subsequent to December 31, 1975 and prior to January 1, 1983. (b) In the event that an active member, vested member, or disabled member of the Plan dies subsequent to his early retirement date and prior to his normal retirement date, the following death benefit shall be paid: (1) If the member has a surviving spouse, 501 o f the monthly benefit accrued by the member prior to death shall be payable to the spouse for one hundred twenty (120) months certain, and life thereafter. However, if the spouse is more than five years younger than the member, the monthly benefits will be reduced on an actuarial equivalent basis to reflect the difference in age in excess of five years. (2) If the member is not survived by a spouse, a death benefit equal to fifty percent (501) o f the monthly benefit accrued by the member at his death shall be paid to the beneficiarf designated by the member for a period of one hundred twenty (120) months. If the member is not survived by a designated beneficiary, the one hundred twenty (120) monthly payments shall be computed an d paid in a single lump sum to the member's estate. 5-9-33: DEATH OF A VESTED MEMBER BEFORE RETIREMENT DATE In the event that a vested member dies pri o r to his early retirement date, there shall be paid to the beneficiary designated by him, if living, o therwise t o his estate, the arnourt of his accumulated contributions at the time o f death plus two percent (21) of the compensation received by him subsequent to December 31, 1975 and prior to January 1, 1983. 5-9-36: LESS THAN FIVE YEARS' CREDITED SERVICE In the event that a member shall resign o r be discharged from the service o f th City prior to the normal retirement date with 1 ss than fiv (5) y rs cf er dited servic , the only benefi •. to which he shall be ntitled under this plan shall be the sum f: (a) Th -unt o f his accumul ted contributions . (b) Two p rcent (2 of th compensation received by the member subsequent t o Decemb r 31, 1975 and prior to January 1 , 1983. 5-9-37: FIV OR MORE YE AR S' CREDITED SERVICE (a) (2) T receive, in lieu of 11 oth r benefits, refund of his accumul ted contr ibution plus t w p rcent (2) of the compensation received by him subsequent to Decemb r 31 , 1975 and prior to J nu ry l, l 83. 3 • I • • n - ,. • • • • (e) A vested member may elect at any time prior to his retireaent date or receive, in lieu of all other benefits, a refund of any accuaulated contributions as of the date of the refund plus two percent (2) of the compensation received by him subsequent to December 31, 1975 and prior to January 1, 1983. Section 2. The effective date of the amendments identifed in Section l shall be January 1, 1982. Introduced, read in full, and passed on first reading on the 7th day of February, 1983. Published as a Bill for an Ordinance on the 9th day of February, 1983. Eugene L. Otis, Mayor Attest: ex officio City Clerk-Treasurer 1, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englevood, Co~orado, 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 o n first reading on the 7th day of February, 1983. Gary R. Hi gbee 4 • I • • - I f • • • • { RESOLUTION ~N~O~·~~~~~_;;S~E~R~I~E~S:.-:O~F~1~9~8~3 7 J A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF ENGLEWOOD, COLORADO, TO CREATE A SPECIAL IMPROVEMENT DISTR ICT IN THE CITY , TO BE DESIGNATED AS PAVING DISTRICT NO. 29, ADOPTING DETAIL S AND SPECIFICATIONS FOR THE PROPOSED DISTRICT, AND ORDERING PUBLICATIO N AND MAILING OF THE NOTICE OF HEARING TO THE OWNERS OF THE PR OPERTY TO BE ASSESSED FOR IMPROVEMENTS IN THE DISTRICT. WHEREAS, the City Council of Englewood, Colorado, h as determined that it is necessary to create a special improve- ment district within the City, for the .purpose of constructing and installing street paving, curb and gutter and sidewalk im- provements, together with necessary incidentals, on certain streets and avenues as set forth in this resolution, and to assess the cost of the improvements against the property specially benefi ted by the improvements and included with in the district; and WHEREAS, pursuant to the Charter of the City and Chapter 14 of the Municipal Code of the City, the City Council has de- termined to construct and install such improve ments, provided however, that the City Council shall consider all protests and objections that may be made in connection with the proposed improvements , before or der ing the construction t hereof: and WHEREAS, pursuant to an order of the City Council, the Engineer of the City for the proposed special improv emen t project has prepared and filed preliminary plans, specifications, esti- mate s of cost, maps and schedules for the proposed improvements; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OP ENGLEWOOD, COLORADO: 1. That the City Council has determined there exists a necessity for the construction and installation of th street pav i n g , cur b a nd gutter and sidewalk improvements, togeth r with n ce s ary inc i dent la, on those streets nd avenues which re mo r particularly set forth in th no ice of hearing, and to e r t a s pecial improv ment di trict for such purpose . I • • -• • • 2. That the Engineer's reports, together with the ( / preliminary details, specifications, estimates of cost, maps and schedules prepared and filed with the City Clerk be and the same are hereby approved and adopted by the City Council for use in the construction and installation of the improvements to be made in said improvement district. 3. That materials to be used in constructing and installing the proposed improvements are stated in the Notice hereinafter set forth. 4. That the assessments to be levied against the property to be included within the district, for said improve- ments, shall be due and payable within thirty days from and after the final publication of the ordinance assessing the whole actual cost of said improvements against the real property in said district, provided, however, that any owner who shall pay the entire amount of the assessment within said period of time, shall be entitled to an allowance of 51 of the amount of the assessment. In the event any owner of real estate shall fail to pay the whole t of such assessment against his or her property within said thirty days, then the whole cost of said improvements so assessed against such property shall be payable in ten ( 10) equal annual install- ments of assessments. The interest rate on the unpaid install- men ts of assessments will be established by ordinance to be adopted by the City Council at a later date. The first of said installments of principal and interest shall be due and payable at such time as may be determined in and by the assessment ordinance, and the remainder of the annual installments of principal and interest shall be due and payable successively on the same day in each year thereafter until all are paid in full. • 5. That the property to be assessed for said improve- ment a shall be the property specially benefited by said improve- men • and included within the improvement district, and more particularly described in the Notice hereinafter s t forth. 6. That ther shall be prepared an ordinance creating within h corporat limits of the City, a sp cial improv ment -3 - • I • • • • • district to be known as Paving District No. 29, providing for ( i the construction and installation of the improvements, all as described in this Resolution, and in accordance with the pre- liminary report, plans, maps, specifications, details and esti- mates of costs of the Engineer, herein referred to and now on file in the office of the Director of Engineering Services. The proposed ordinance will be considered for passage on first reading by the City Council at a regular meeting thereof to be held on March 21, 1983. ( I • 7. Notice of the public hearing on the creation of the district shall be published once a week for three weeks in the Englewood Sentinel, a newspaper of general circulation in the City. In addition, a copy of such notice shall be mailed, postage prepaid, to each known owner of real property within the proposed district. The published notice shall be in substantially the following form: -4 - • I • • - J (' • • • • ~ Q .! .!. f ~ OF THE INTENTION TO CREATE A SPECIAL IMPROVEMENT DISTRICT IN ENGLEWOOD, COLORADO, TO BE KNOWN AS PAVING DISTRICT NO. 29, FOR THE PURPOSE OF CONSTRUCTING AND INSTALLLING STREET PAVING, CURB AND GUTTER AND SIDEWALK IMPROVEMENTS, TOGETHER WITH NECESSARY INCIDENTALS, ON CERTAIN STREETS AND AVENUES, AND OF A PUBLIC HEARING THEREON. All owners of real estate and property hereinafter described , and all persons generally, are hereby notified that the City Council of Englewood, Colorado, pursuant to its own order has adopted preliminary de t ails, plans and specifications for construction of street paving, curb and gutter and sidewalk improvements, in and for a proposed special improvement district within the corporate limits of Englewood, Colorado, to be known as Paving District No. 29. Said persons are further notified as follows: (a) The improv ements to be constructed or in- stalled are as follows: 00 1. Necessary grading and excavation, paving with 6" compacted gravel base course and 2" asphalt ic con- crete surface, concrete walk s, curb and gutter where not already installed; together with appurtenances and incidentals on the following streets and ave- nues: FKM 'ID s. Cherokee St. S. Cherokee St. s. Cherokee St. s. Cherokee St. S. Cherokee St. s. Cherokee St. S. line Yale Ave. s. line Amherst Ave. s. line Bates Ave. S. line Cornell Ave. S. line Dartmouth Ave. s. line Eastman Ave. N. line Ani)erst Ave. N. line Bates Ave. s. line Cornell Ave. N. line Dartmouth Ave. N. line Easbnan Ave. N. line Floyd Ave. 00 2. Necessary grading and excavation, paving wi th 8" compacted gravel base course and 3" asphaltic con- crete surface, concrete walks, curb and gutter where not already installed; together with appurtenances and incidentals on the following streets and ave- nues: FIOt 'ID s. Navajo St. w. unioo Ave. s. line w. Stanford Ave. S. Clay St. N. line W. Tufts Av. w. nd of the Pl tte Riv r Bridge -5 - • I • ( ; • • • • ( b) The description of the proposed district, and the property to be assessed with the cost of the improvements shall be all of the real property fronting or abutting on the st reets and avenues between the termini herein b efore described, i ncluding the real property within one-half ( 1/2) block of such st reets and avenues. Adjustments for the assessment of costs will be made for irregular and odd-shaped lots and parcels of prope rty. ( c) The probable total cost of the improvements to be constructed and installed is $549,100. (d) The probable amount of the total cost which the City shall pay is approximately $200,000. (e) The balance of the total cost which is not paid by the City of Englewood will be assessed against the pro- perty specially benefited by the improvements, and included within the District. Probable costs per front foot for said improve- ments are as follows: Asphalt paving on streets 36' wide ( 6 and 2) Asphalt paving on streets 44" wide (8 and 3) $20.98 per front foot $35.62 per front foot Pav i ng of other widths shall be in proportion to the above estimate. 4" thick Monolithic VC&G /4' walk 6" thick Monolithic VC&G /4' walk Vertical cur b and gutter 4" Sidewalk 4' wide 6" Sidewalk 4' wid e $20.37 per front foot $24.37 per front foot $11.15 per front foot $10.60 per front foot $14 .60 per square foot All estimates exclude the six percent (61) for inspec- tion collection , incidentals and interest as provided by la w . Th costs of paving to be constructed along the sides of corner lots within said District shall be assessed against prop r- ties within one-half (1/2) block, or 300' of such intersections and corner lots, whichever is smaller, on a zone basis in accor- dance with benefits conferred on such properties. Each one-half (1 /2) block, or 300 ' section, will be div d din o six (6) par llel zon sand assessm nts will be on the following basis: -6 - • I • • I • • • 1st Zone abutting on street or avenue .•..•.••...••••••.••..•..•.•..• 28.55% Next zone ...•••.....•.••.•.••.•..•.•..•.•. 14.29% Next Zone ••...••.....••....•...•......•••• 14.29% Next Zone .......••.•......•....•...•••.••• 14.29% Next Zone •..•......•....•.....•.•..•.•..•• 14.29% Next Zone •••••.•...•......•••.....•••.•••. 14.29% Total 100% No assessments will be made for curbs, gutters and sidewalks in place which conform with the plans and specifications for the proposed improvements and which are acceptable to the City Engineer. The cost of improving street, avenue and alley intersec- tions throughout the District, and of paving in excess of 36' widths and 0• thickness on streets designated as arterial or collector within residential zoning as of February 7, 1983, will be paid by the City of Englewood. Property owners are specifically referred to the sched- ule of proposed assessments which will be on file in the Office of the Director of Engineering Services, from which the approximate amount to be assessed against any particular lot or parcel or property may be determined. Upon completion of said improvements, or as soon as the total cost thereof is definitely ascertained, such cost shall be apportioned to the property in the District. Notice of such apportionment shall be given and a Hearing will be held prior to the adoption of an ordinance assessing such cost, all as provided by law. ( f) Said assessments will be due and payable without demand within thirty days from and after the final publi- cation of an ordinance assessing the whole cost of said improve- ments against the real proper y in said District: provided, however, th t any owner who shall pay the full assessment within said period of thirty days shall be entitled to an allowance of five perc nt (5 ) • In th event that an owner of real property shall fail to p y the whole of such assessment against the pro- perty within said thirty days, then the whole cost of said im- provement so assessed against the property shall be payable in ten qual annual installm nts of principal. The first of such in- stallments of principal shall be due and pay bleat such tim as may bed t rmined in nd by he assessing ordina nce, and the rm inder of s id inst llm nts shall b p yabl on the same date ach year hr after un il all ar paid in full. The rate of inter st o b p id on unpaid nd deferr d installm nts will be ea bliah d by ord1nance to b dopt d by th City Council at a later d e. -7 - I • • - I • • • • ~,t;lvtO ( g) A Hearing on the creation of the District will be held by the Council on ~QRday, tAe 14tA day of March, 1983, at 7:30 P.M., at the Municipal Building in Englewood. A public hearing shall also be held prior to the final passage of the ordinance, at the regular meeting at 7:30 P.M. on Monday, April 4, 1983. ( h) Any person desiring to be heard upon the issue of the creation of the district or upon the construction, installation or improvement of the improvements involved, may appear at the time and place set for the public hearing thereon for that purpose. ( i) A map, estimate and schedule showing the approximate amount to be assessed, and all resolutions and pro- ceedings will be on file and can be seen and examined by any person interested at the Office of the ·Director of Engineering Services at any time during business hours on or prior to the date of hearing. Dated the 7th day of February, 1983. ( S E A L ) Publish in: Englewood Sentinel /s/ Director of F nance Englewood, Colorado Publish on: February 16, 23 and March 2, 1983 -8 - • I • • • • 8. A copy of the notice which will be published shall I also be ma il ed t o each property owner to be included within the di st ri ct and who wi ll be assessed with the cost of the im- provemen ts . • 9. Shou l d any one or more sections or provisions o f this Resolution b e j udi c ially determined invalid o r unenforceable , such de t erm i nation shall not affect, impair or invalidate the r ema i ni ng provisions hereof, the i ntention being that the various p r o v i s i ons hereof are severable. ADOPTED AND APPROVED This 7th day of February, 1983. ( S E A L ) Mayor ATTEST: Director of Finance I, Gary R . Higbee , Director of Fi nance, e x -o f f icic City Clerk-Treasurer of the City of Engle wood , Colorado , d o hereby certify that the above and foregoing is a true , accurate and complete copy of Resolution No. __ , Series of 1983, passed by City Council on the 7th day of February, 1983. Dir ctor of Finance, e x -officio City Clerk-Treasurer -9 - • I • • - I • • • - 7 P R O C L A M A T I O N WHEREA S , for many year s Lhe Ga rd er> r,() l1 ('1n S li('w 11.:i~ be-,r, h eld annually in Denver; and WHEREAS, this Show is cf great interest to the r es1d~rts ol Engle wrcd as well as th e er>tir met r('p('l it ar a r r o ; nnd WHEREA S , the Garden an d Ho me Shew is beirg held t n i s y e r at Currigan Exhibit Hall in dow rto wr Denver fr('m February 4 n r u February 13; ard WHEREAS, the sponsors of Lhe Garden ard Home Sh~w ackr,owledge that the show is su cc essful becau se of the su p pr r ilr>d attendance of membe rs of neighbr ring communities; and WHEREAS, these sponsor s seek to recogni e the City ('f Englewood and welcome the resi dents of rur community at t h e 3 h r w r r Mrrday , febcuary 7 , 1983 ; NOW, THE EFORE, I , EU GE ~ L . OTI S , M y rr r( the C ttf r Erglewood , Cclcrado , hereby pr oclaim M nday, February 7 , ~dJ , dS Erglewocd Day at the Garden an d H('me Shr w and ercru r ge ('ur r esidents tr alt r, and enjoy t t,e Shr w. GI VEN under my h nd nd eal F bru ry I , 1983 . • I . • P R O C L A M A T I O N WH EREA S , for many year s the Ga r den and Hr me Shr w h s b een h eld annually in Denver; and WHEREAS, this Show is of great intere st to the r es i ents rl Engle wc od as well as the enti r e met rrpnlitan a rea; and WHEREAS, the Garden an d Home Sho w is being held t h i s y ea r at Cu rrigan Exhibit Hall in d ownto wn Denver frrm February 4 th r u February 13; and WHEREA S , the sponsors of the Garden and Home Sh n w acknowledge that the sh o w is successful because of the supprr and attendance o f members nf neighbnring communities ; and WHEHEA S , these sponsors seek to r ecognize the City rf Englewood and welc ome the resi dents of ou r community at t he J h n w rr. Mrnday, february 7, 1983 ; NOW , THEREFORE , I , EUG ENE L . OTI , Maynr o( the Ci ty n[ Engle wood , Colorado, hereby pr oclaim Monday, February 7 , 1 Y83 , us Engle wood Day at the Garden and Hnme Sho w and encrura e rur residents tr attend and enjoy the Sho w. GIVEN un der my hand and seal February 7 , 1983 . I "'-./. I ------1::U J.JPC L . Ut i.;, y o r -~/ "'-----I . -• • • C O U N C I L C O M M U N I C A T I O N DATE AGENDA ITEM SUBJECT February 7, 1983 8 (a) So cce r Association Request IN ITIATED BY City Manager I BACKGROUND I I I, I I As per City Co un cil direc tion, the staf f ha s h e ld a se r ies of meetings with off i cia ls o f th e Englewood Sc hool Distric t and t he Englewood Soccer Association rega rd i ng the proposal presented to City Coun ci l by the So cce r Association . As City Coun cil will recall, the So c cer Assoc iat i on had esse nt ially r equ ested the fo llowing : 1 . Practice areas each weekday dur i ng two playing seasons, Fall and Sp r ing , from 4 p.m. t o sundown. Such a r e a s need not be designated , nor lined, a s s oc ce r fie lds with goa l post s , but s hould be ope n and not obstruct d with t r ees or othe r st ruct ures. 2. Practice areas shall b p r ov i ded through ls uanc of a priority use p rmit allowing Englewood Soccer teaas exclusive us of these reas during the specified hours . 3. A minimum of four game fields each Satur day and available for mid-week gam a, to be arrang d 10 as not to conflict with school nd P rks actlviti 1, during two playing se 1on1, Fall and Spring. Gam fields should conform as n arly a1 poa1ibl to th followin di nsions: 4. One rectan lar field not leas than 110 yard, long by 75 y rd wid Two rectanaular field, not leas than 90 yards long by 60 y rds wide . Oner ctangular field not le11 than 50 yards long by 35 yards wide. A contractual agree th City that thes than thre years. nt mad t w en the En 1 wood Socc r Assael tlon conditions shall b in fore for term of not ls nd After revi w of the proposal, City and School Oiatrlct taffs t to II d v lop a li1t of fielda that aight b .. de available to the Soc r A11ociati on . 'n\01 fiald1 includ d th followina: • I I • • • • - , .. C O U N C I L C O M M U N I C A T I O N DATE AGENDA ITEM SUBJECT February 7, 1983 8 (a) Soccer Association Request INITIATED BY City Manager I ACTION PROPOSED~~~~~~A~p~p_ro_v_e~G_u_i_d_e_lt_n_e_s~~~~~~~~~~~~~~~ JI <I • BACKGROUND As per City Council direction, the staff has held a se ries of me ettngs with officials of the Englewood School District and the Englewood Soccer As sociation regarding the proposal presented to City Council by the Soccer Association. As City Council will recall, the Soccer Association had essentially requested the following: l. Practice areas each weekday dur i ng two playing seasons, Fall and Spring, from 4 p.m. to sundown. Such areas need not be designated, nor lined, as soccer fields with goal posts, but hould be open and not obstructed with trees or other structures. 2. Practice areas shall be provided through issuan e of a priority use p rmlt allowing Englewood Soccer teaas exclusive use of these areas during the specified hours. 3. A minimum of four game fields each Saturday and availabl for mid-we k games, to be arrang d so as not to conflict with school nd P rks activities, during two playing aeaaona, Fall and Spring. Gam fields should conform aa ne rly aa po aibl to the following dim nsions: 4. On r ctangular field not leas than 110 yards long by 75 y rds wid Two rect ngular fi lds not leas than 90 yards long by 60 yards wide. One rectangular field not leas than 50 yards long by 35 yards wide. A contractual gre th City that thea than three y ara. nt made betw n the Engl wood Socc r Assnci tton nd conditions shall b in force for at rm of not l s s After r view of the proposal, City and School District ataffs t t o develop a liat of fielda that aight be aad available to the Soccer Aa1oci tion. Those field included th followin: • l I I I I • • - I l (I <I • Bat es-Logan Bard Cushing Park Duncan Park Rotolo Park Jason Park Emerson Park -2- • • • Sc hoo l Dlst r l ·t Fi rid~ ------------------- Scen ic View Flood Middle Schoo l Clayton Eleme nt a ry Tite limited number of School District fields is due to the f ac t that they will lose two fields while the construction of the Detention Pond is on going , they plan to resod the High Sc hool Football f i e ld usi ng sod from Lhe t wo fi e ld-; in the Detention Pond area, and have rescheduled all the i r a t hletic activities to their other fields. Tite l isting o f the ava i lable fields was prov i ded to t he Soccer Association and they visited each field to take measurements and det e rmine its s u itability f or their use. At a subsequent meeting they informed us that there wer e on l y fo ur flelds that met their spec if i c need s and that i n fa c t the City d l d not h ave a "A" field (11 0 yards x 75 yards). Tile f ields that they c an use inc lude the f ollowing: Rates-Logan Cushing Park Dun c an Park J a son Park Tile Soccer As oclatlon pla ns t o sch e dul e th e i r A 1 ague gam son faclliti s ou t side the Ci t y . At that same meeting the Englewood Soccer Association agreed to th following prov is tons: l. Tite City will provide four (4) public fi lda for 1 agu gam u1e by th Soccer Association . 'nlia would b don according to current p rait procedures, etc. 2 . Practice sites will not be guarant ed to th Association . Practice it 1 would be th reaponaibility of ach tam coach nd would be on a first- conie flr1t serve b ala. 3 . nie City will not ent r into a long-tera g r eeaent with th Aaaocl t lon. Any agreement a reach d would on a annual bash , 4 . Fe I are to b charged by the g and not by th hour . ni for th first year would b fi xed at $2 .00 pr g 5. 'nle Soccer As1oclatlon will b for lining th playing l ld a • ---·, I • • <I 6. • • - -3- wi th pre v iously appr o ve d mat e r i als a nd clean-up of the a r ea aft e r gam es . The So c cer Associat i o n i s to us e port a ble goals on fie ld s wh e r e pe rm ,rn P nl goal s h a v e not bee n c o ns tructed by the Ci ty . Since the So c cer Association agreed to the above s tated p r o v isions and t he School District does not currently have any fields ava i l a ble suita bl e fo r us e by the Soccer As s oc iat i on, it was f elt that this fir s t ag r e em e nt co uld Invo lve o nl y the Soc c er Association and the City. Later, wh e n th e fields i n t he De t e nt io n Pond area become available the Sc hool District would need to be a pa r t of an ag r eeme nt . RECOMMENDATION Staff's recommendation would be that City Council approve the above stat e d prov i sions for an agreement and direct staff to prepare s uch ag r eeme nt f o r Co un ci l '~ o f fi c ial c onsideration on February 22, 1983 . PHV/sb SUGGESTED ACTIO N: MOVED BY _______________ _ SECO D ______________ _ t i YES _______ NO ______ -J'BSE NT _____________ _ • • • I • • -• • • C O U N C I L C O M M U N I C A T I O N DATE AGENDA ITEM SUBJECT February 7, 1983 8 (a) So cce r Ass ociation Req uest INITI ATED BY City Manager G BACKGROUND As per City Council direction , the staff has held a s e ries of me e t ings wit~ o f ficials of the Englewood School District and the Engl e wood So c c e r As s ociation regard i n g the proposal presented to City Council by the So c cer As s oc iati on . As City Cou ncil will recall , the Soccer Associa tion had esse nt i ally r e qu ested the fo llowing : l. Prac tice areas each we kday during t wo playing seasons, Fall and Spr i n g , from 4 p .a . to sundown. Su ch areas need not be d s tgnated, nor l i ned , as occ er field s with goal post , but hou l d be op en a nd not ob s truct d with t r ees or othe r st ruct ures . 2. Practice a reas s ha ll b pro v i ded through iss uance of a p r io r ity us• permit 3. 4 . allowi n g Eng lewood Socce r tea xc lus i ve use of t h e r es during th specified hours . A minimum of four ame field• ach Saturday and availabl am a, to be arrang d ao a not to conflict with school activitla , durin& tll<> playin ae aona , Fall and prin. should confo r a a nearly a po aibla to th followin dl for mid-week nd P rk C fields naions: On rectan ul r field not lesa than 110 yard Tw o rectangular ft ld not leas than 90 yard On rectan lar field not le11 than 50 ya rd long by 75 y rd& wld long by 60 y rd wide . long by 35 yard wide. A ont ract ua l th City that than hr yaara . t w nth !nalewood Soccer aocl tlon nd shall ln force for t ra of not l Aft r r vl w of th propo al, o fl lda th t ai t lnctud d h foll in : d V lop 8 l1 Tho a Hald • n. I I I I • • - I l • City Fields Bat es-Logan Bard Cushing Park Duncan Park Rotolo Park Jason Park Emerson Park -2- • • • School Distri ct Fields ----- Scenic View Flood Middle School Clayton Eleme nt ary TIie limited number of School District fields is due to the fact that they will lose two fields while the construction of the Detention Pond is ongolng, they plan to resod the High School Football field uslng sod from Lhe t wo flelds in the Detention Pond area, and have rescheduled all their athletic activitles to their other fields. TIie listing of the available fields wa s provided to the Soccer Association and they visited each field to take measurements and determine lts suitability for their use. At a subsequent meeting they informed us that there wer e only fo ur fields that met their specific needs and that in fact the City did not have a "A" field (11 0 yards x 75 yards). TIie fiel ds that they can use include the foll owing : Sates-Logan Cushing Parlt Duncan Parlt Jason Park TIie Soccer Association plans to schedule their A league games on facilitles outside the City. At that aam meeting the Englewood Soccer Aesociation agreed to the following provisions: l. TIie City will provide four (4) public fields for league gam use by th Soccer Association. TI!is would be done according to curr nt permit procedures, etc. 2. ). Practice 1ite1 will not be guaranteed to the Aesociation. would b the respon1ibility of each team coach and would b co flr1t 1erve basis. Practice sites on a flrat- The City will not ent r into a long-term agr nt with th /\8 od t Lon . Any agr ments rea hed would b on a annual basis. 4. Fee, re to b charaed by the g and not by th hour. 'nle f for th fir1t year would be fixed at $2.00 pr gaae. 5. TIie Soccer Aa1ociation will be re1pon1ibl for lining the playin field s • I • • - • v • • • -3- with previous l y approved materials and c lea n-up of the a r ea af t er games . 6. nte Soccer Association is to use portable goal s on fiel d s wh ere perman e nt go als ha v e not be en co ns tructed by the Clt y. Since the So c cer Association agreed to the above s tat e d provisions and the School District does not currently have any fields available s u i table f o r use by the Soccer Associatlon, it was felt that this first agreeme nt co uld l nvolvc only the Soccer Associat lon and the City. Later, when the fie ld s ln t he Decent lon Pond area become available the School District would need to be a part of a n a greement . RECOHHENDATION Staff's reco11111endation would be that City Council approve the a bove stated provisions for an agreement and direct staff to prepare suc h a g ree me nt fo r Councll's official consideratlon on February 22, 1983. PHV/sb SUG GES TED AC TIO N: MOVED BY SECO ND 11 YES 0 BSENT • I) I • • - ( I • ( • • • C O U N C I L C O M M U N I C A T I O N DATE Fe bruary 2 , 1983 INI TIATED BY AGENDA ITEM ~R ~ lYr - City Manager ~ SUBJECT SPEC IAL CALL MEE TI NG -MARCH 14, 1983 ACT ION PROPOSED Announcement of Special Call Meetin g -Mar c h 14 , 1983 Background Regular dates for Council meetings in March would be the 7th and 21st, 1983. However, due to the fact that three members of Council will be attend ing the National League of Cities Congressional Conference in Washington, D. C., March 5-8 , there will not be a quorum p r esent for the March 7 meeting. Reco11111endation Formal announcement of this Special Call meeting should be made by Mayor Otis at the regular meeting of February 7, 1983 • • • I • • - ( ( • • • • .... C O U N C I L C O M M U N I C A T I O N DATE SUBJECT February 2, 1983 AGENDA ITEM 9 (b) (i) Appointments to City Council Advi sory Boards I NI Tl A TED By City Council ACT I ON PROPOSED Appointment s be confirmed by City Council to various City Council Advisory Boards DIRECTIVE It is the recommendation of City Council that appointments be made as follows: Board of Adju stment and Appeals Reappointment of ROGER GAGE (29 51 South Emerson Street) to a four-year term of office commencing February 1, 1983, expiring February 1, 1987. Reappointment of DONALD D. SEYMOUR (4750 South Lipan Street) to a four-year term of office commencing February 1, 1983, expiring February 1, 1987. Appointm nt of KENNETH FERGUSON (4187 South Fox Str et) to a four year term of office comm ncing February 7, 1983, expiring February 1, 1987. El ction Co11111is ion Appointment of EDNA STENEHJEM (4501 South Cheroke Street) ffectiv February 7, 1983 to an unexpired term of office which will expire February 1, 1987. Planning nd Zoning Commission R ppoint nt of MARJORIE L. BECKER (644 East Yale Pl c) to a four-year t ra of office co ncing February 1, 1983, expiring February 1, 1987. Appointm nt of GERRY VENARD (3965 South Inca Str et) to a four-y ar term of offic comm ncing F bru ry 7, 1983, xpiring F bru ry 1, 1987. Public Library Board R ppointment of KAY VANVALKENBURG (4381 South P nnsylv nia Str t) to a our-y ar t na of office co ncing February 1, 1983, expirin P bru ry 1, 1987. R appointment of DOROTHY WHEELEHAN (4335 South Log n Str t) to a four y ar teni of office co ncing bruary 1, 1983, expirin P bruary 1, 1987 . • I • • - • • • • • Item 9 (b) (1) Page 2 Public Library Board (continued) Appointment of ALFRED M. QUAINTANCE (4760 South Mariposa Street) effective February 7, 1983, to an unexpired term of office which will expire February l, 1984. Appointment of BARBARA BRAY (4209 South Cherokee Street) effec tive February 7, 1983, to an unexpired term of office which will expire February l, 1984. Urban Renewal Authority Reappointment of MELVIN MINNICK (4565 South Pearl Street) to a five-year term of office commencing February 5 , 1983, expiring February 5, 1988. Appointment of LAWRENCE M. NOVICKY (3655 South Delaware Street, No. 311) effective February 7, 1983, to an unexpired term of office which will expire February 5 , 198 5 . Appointment of SUSAN VAN DYKE (570 East Amherst Avenue) to serve as Alternate Member of Authority with no voting power, effective February 7, 1983. Water and Sewer Board Reappointment of CHARLES R. BEST (3370 South Grant Street) to a six-year term of office commencing February l, 1983, expiring February 1, 1989. pc SUGG ESTED ACTION: MOVED BY ______________ _ SECO ND--~~~~~~~~~~~~~ YES ______ _..o ______ --r11....,As£NT _____________ _ • I • • n