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Home My WebLink About1983-04-04 (Regular) Meeting AgendaI City Council Meeting -Regular -A:pril 4, 1983 • • - 0 • • • - City Council Me t }9~1 . b HeUA :li , 1983. ~ 4 , /~f 3 RESOLUTION 1J /. ):'6, ft . ;£. / ~ ft J.,l., ORDINANCE # 15, 16, 17, 18, 19 • 0 0 I . 7:3 0p .m. 1. • • • AGENUA I'Uit T il E REGULAR MEETING OF T il L( ENGLEWOOD Cl'l'Y COUN C I I. /ry:Go APRIL 4, 1983 / Call t o order, invocation by Re v e r end K . W. Nel so n, En gl ew ood Church of the Nazar e n e , 4775 South P ea r l Str<·<·l , plt•d g t • o f nllt•(•,l n n•·•· l•y ll11y St~tul 1'1'1111(1'· 1115 and #154, and roll c all. Mi n u t es . (_~ ~,,, Mi nutes of the regular mee t i n g of Ma r ch 21 , 1 983. (Copies enclosed.) 2 . ~;~~ v .()/) ~- j. Pre-scheduled Visitors. tion to 10 minutes.) (Pleas e li mi t y o ur p r escnta- (a) (b ) (c) Re s olution commending MIL TO N J . SENTI fo r his outstanding service to th e c om mun ity a n d to the Denver Regional Coun c il of Go v e rn me nt s . (Cop i e s e n c los d .) R cog nition o f o ur Engl e woo d High School st ud e nt s f o r Lh u ir out s t andi n g abl1 ty 1nd pa rti c i p ation in th e Stat e Tou r nament. HR . JO HN BURN ETT , 2 910 South 0 1 ware Str t, r pr s ntlng th ENG LEWOOD JAYCRES will be pr•sunl to discu&a the fourth of July nd Hayor'a Night. Ulhur Viloiturw. 5 minut a.) (Pl 11 • limit your pruhcnlaLiun lu • I . • • - Pn gc 2 Ap r il 4 , 19 83 Agenda (a) To consider Pavin g District No. 29 in the City of Englewood. (M emo f r om Cll v Attorney e n c los e d.) Communications -No Action Recommended . (a) Minutes of the Board of Adju stm•nt and Appeal s meeting of February 9, 1983. (Copies enclobcd.) (I>) M; '"'t'·s .. r till · I' 1 "''"'; "''· ~ meeti ng of Ma r ch 8, 198]. '/.1 11 1 iII)', (:ttlllllli , t itlll (Copies en c lo bcd .) ications -Action Recom mended. Council Communication from the Water a nd Sewer Board co n ce rning a reque st for the City Altorn~y to p r epare a Resolution re ga rding lloui>L' 11111 o . 1243. (Copie s enclos ed .) Council Communication from the Water and S wcr Boa rd conce rnin g an area li~hl o n City properly. (Copies enclosed .) Council Communication from th • Wat rand S cw~r Bo rd co n e rning casement r~qucsl s for lh c terford prop rty. (Coplc cnclo ed .) rd a u '"', II tat .. l K~.: •'l' 1 n .,_,. C•i ll r dln.lllll" """'"''"• till I 'J!•'I llll'i•w"J Munl•lp .,l Cod~ by dd ng to S ction 5-ll-4 m ndm nts (b) cl rlfylng th authority of tht City H n gcr nd City Council with r p t to City mploy w in th e Hunlt•lpnl ourt and J>ruvld ttl\ Court r sponsibility for int rnal functions o th Court . nding S ction 5-11-4{d) ul l111 • Engl wood Muni cipal Cod of I 6 cone rnln K r mov l of memb ra of th C r r S rvi Bo rd. (<.;uun' 1 <.ommuni tion it •• -7(a) nd 7(b) • one rnin n lo d.) bov ) I • ( • • • • Pa~(' ] April 4 , 1983 agenda I . CiLy ALLurncy. ( C u 11 l i II u l ' u ) Bills for Ordi nance. / ~~b (c ) ~v (d) B i 1 1 add i n g S c:> c t ion 2 2 . '• C l " l lo c• Cum p r c• lo l' 11 s i v l' Zoning Ordinance of 196 3 as ame n ded r eguloLin K the c onversion of apartments t o co nd omi niu ms. (Copies of Council Communi c;otion f r o m P 1 nl111ill)', and Zoning Commission and tilll enclosed .) Bill providing for th e lice n sing of ge n e r al t1-l" a n d s pecial co ntr nC"tOrH, l'i <·clr i •·:o i <'Ull lr :oc l u o ·,' regisLraLluns, and plumbin g cun Lr uc Lur's regi h- trations, and establishing fees t herefor by amend ing the Englewood Municipal Code of IY6Y, as amended, amending Arti cles I and II and by addi ng Article III to Chapter 3 , Ti tl e IX. (Copies enclosed.) Resolutions . (e) Kc>oolu tion co n ce rning fi nd ings of lacL , , 11 J J ,. c i H I o 11 o f C 1 t y C o u n !' i 1 1 n r , ., '· 'II n l•••J ,ivs l'lll'losl'd.) cu111 lu>oiun 1-K I R'-!-.olu ti o n co n ce rnin g H.ll. 124'J . enclos ed.) (Cupll'>o Pro cl m tio ns. (g) Proclama ti on on Library We'-!k. (Cop cb enc l u~eu.) Oth r l'latt rs. (h) (1) ( ) Opinio n and rullnK Pt•opll v,;. MC'Lau~ltlln . (Copi encloa d.) G n ral Iron Work (Copl!! n 1 o •d.) • I . - ( • • • Page 4 April 4 , 1983 Agend a ~. CiLy Munu~u r. (d)(ii) Resolution amending the General F und to p r o v i d e f u n d s f o r C 1 t y ll r n c h u r <' • ( Co p i t • H un<:losutl.) Resolution appropriating funds t o the Engle wood Urban Renewal AuL ho riL y for operu- tional expenses. (Copies enclosed.) Resolution transferring funds t o the En glewood Urhnn Ren e wal AuLhorlLy for J>rOJ~<'rly '"''l ui s i- tion, e t c . (Copi es e n c l osed.) Council Communication concerning adjustment to Water Fund 1982 Budget. (Co pies enclosed .) ~#J--l Council Communication concerning adjustmenL t o Sewer Fund 1982 Budget. Jo int Resolution co ncerning both items-(d)(i) a nd (d)(ll). (Copies e n c lo sed .) (e) Manager's Choice. 9. Ge ner al Discussion. (a) Mayor's Choice. (b) Council M mb r'a 10 . Adjourn m nt. ~~~ A, DY M COW City M1n <r pc • • • • • ~'I~ ROll CAll r;·.~ Moved Seconded Ayes Na y Absent Ab stain Hlgday Neal Fitzoatrick Weist Bi lo Bradshaw Otis ~h~~ ~~~ O~ '7 1~cf~ -#-tiS ctla • I . . • - • ,. • ROL L CALL Moved Seconded Ayes Nay Absent Abstain Higday 1.--- NeaT 1.-- Fi tzoatrick ~ Wei s t v- Bi lo ,__.. Bradshaw v Oti s ,_ I • • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hiqday v Neal I Fltzoatrick Weist v Bi to v Bradshaw Otis /tL. ,,~··~ • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday '\ Neal I Fitzoatrick I Weist -r .,..... Bi lo I v Bradshaw 7 Otis \ v I . • Moved Seconded v v .. ROLL CALL Higday Nea l Fitzpatrick Weist Bi lo Bradshaw Otis : I u • • • Ayes Nay Absent -\ I T I 7 ( 1 "" L ~· 1:.1 . Abstain I . • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday Neal Fltzoatrick Weist Bi lo Bradshaw Otis ~~. ~~ c§q;os.~ ~ -~-Jr-yY~ .,i.f-U_ /Y ~ /0· /TL {.. /!lao I~ .J vu· - -c ~ U--t-k .; -j • --a~ I cV..vt~ • -~ • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain ~igday Neal J!C1 Fitzoatrick Weist Bi lo J.K Bradshaw Otis fu__ ;__fJ,_ __ tJ.--cV ~ 0 I . • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain RTQifav \ Neal \ v-Fitzoatrick I \ole i st I v Bi lo Bradshaw I Otis { '-- I • • • • • • ROLL CALL Moved Seconded Ayes Hay Absent Abstain Higday NeaT Fitzoatrick Weist Bi lo Bradshaw Otis • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain ..... H1gday \ --p Neal I Fitzpatrick I Weist I v Bi lo 1 Bradshaw I Otis 1 '\ I • • • • • • ROLL CALL Moved Seconded Ayes Nay Ab ent s Abstain =1 I I Mlg<lay I r Neal -....!:__ Fi q_Q_atrick -Weist -Bi lo -v Bradshaw I 1 1 Otis 1 l I -J r u I . • • -• • ROL L CALL Moved Se co nded Ayes Nay Ab sent Abst a in "' Hlqday Neal Fi tzoat ri ck Wei s t Bi lo Bradshaw Otis • • • • - ROLL CALL Moved Seconded Ayes Nay Absent Abstain ---, ----, -.1 ~ _J - ...!.!!..o!:;:.~ J -E ...! Ne~ - Fi t~atrick ---, Weist .! -'-- ~ilo .J. 1 Bradshaw .J. .! c .J. Oti s -.l I . • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain ...... Hlgday \ Neal _l .__-Fi tzDatrick 1 Wei st j_ -Bi Ia I Bradshaw j_ Otis _l \ 0 I . • - • • ROLL CALL Hoved Seconded Ayes Nay Absent Abstain ~ H19d;3y I ..,..,. Neal J --Fitzpatrick _j_ Wei s t I Bi lo Bradshaw Otis "-- 0 I . • • • - • .. • ... ROLL CALL Moved Seconded Ayes Na Ab y sent Abstain ..... Higday 1 NeaT I Fi tzoat rick I Wei s t I v Bi lo _V Bradshaw I Otis \ \ b . I • • • -• • • ROLL CALL Moved Seconded Ayes Nay Absent Ab t · s a1n H1q<1ay Neal Fl tzpat rick Weist Bi lo Bradshaw Otis ~-r Y4 CA!f'VL/l. ~ A ~4 ~~ ~~u· ~~ -jv» ~ t rrv;d !IfiLL :{~ c!"-~ ~ • • I . . • • • ROLL CALL 0 I • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hiqday Neal ,__--Fi tzoatrick Weist v--Bi lo Bradshaw Otis '7 b I • • • ROLL CALL Moved Seconded Hi gday Nea l Fi tzpat r i ck We i st Bi lo v Bradshaw Ot is -J ~ a/t:i!_ ~ 1<)/£' • • • Ayes Nay Absent Abstain -~ (~~53 ~- • I . • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain ., Hiqday I NeaT I v Fitzoatrick I Weist I v Bi lo I Bradshaw I Otis \ "- I . . • • • • • ROL L CAL L Moved Seconded Aye s Na y Ab sen t Abstai n -Hi gday Neal l Fitzpatrick We i st I Bi To I ...,/ Bradshaw I Otis I \_ ------ I . • • • • ROLL CALL Moved Seconded Ayes Ha y Absent Abstain ,_ Hincav T -----, -Heal -v Fitznatrick -Weist - v Bi To Bradshaw 1 - 1 I Oti s l I I =-l 1 • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain HICidav v Neal Fitzoatrick Weist //"' Bi lo Bradshaw Otis • I . • • • • • - ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday 1 Neal l Fl tzoatrick v- Weist I Bi to I Bradshaw I Otis I I • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday Neal v Fitzpatrick Weist -Bi lo y Bradshaw Otis I • • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday I Neal T v Fitzpatrick I Weist Bi lo v Bradshaw Otis 1f· • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1gday Neal Fitzpatrick Weist Bi lo Bradshaw Otis I • • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday ~ Neal I ..,_.... Fitzpatrick J Weist I Bi To I --Bradshaw I Otis \ "' • I • • • • • I . • - • • ROLL CALL Moved Seconded ~ Nay Absent Abstain Hiqday \ Neal ' ---Fi tzoatrick I Weist I Bi lo I ...... Bradshaw Otis I I . • • - • • ROLL CALL t'loved Seconded Ayes Nay Absent Abstain ...., Hiqdav l Neal l """' Fitzpatrick I Weist 7 v Bi lo 7 Bradshaw l Otis " " I . • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain ' -Hiqdav I Neal I Fi tzoatrick I Weist 7 Bi lo I ,/ Bradshaw I Otis \ \,__ I . • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain ¥ HiC!dav Neal -Fitznatrick Weist Bi lo v-Bradshaw Otis ---- I • • • • • • ROLL CALL Moved Seconded Ayes Na y Absent Abstain " Hiqdav I Neal I Fitzoatrick I Weist I Bi lo I Bradshaw I Otis \ "' ) I • • • • • - ROLL CALL Moved Seconded Ayes Nay Absent Ab s tai n Hiqday Neal Fltzoatrick Weist Bi lo Bradshaw Otis id t-~ ~ ~ w~-~-~-1 11~ ~~~J~ ~fo'-' ~ ~ ~ 6 a._v_~ s d a_· ~ z-.:f-~ !1?'c(;{. ~6~ j) g {?-ulf /Y~;-s ~ ~---. I~(}L--J ? J A "'/!~~ • • I . • - • • ROLL CALL Move d Seco nded Ayes Na y Ab s ent Ab s t a i n "' Higday ' Neal I ~ Fitzpatrick 1 We i s t I Bi lo 7 ,_.. Bradshaw 1/ Oti s 1\ "'--- r I • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hiqday NeaT Fi tzoatrick Weist Bi lo Bradshaw Otis r I . • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain ~ Higday \ Neal I v Fltzoatrick I Weist I Bllo I /./"' Bradshaw I Otis \ ""- I • • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H[Q(laY Neal Fltzoatrick Weist Bi lo Bradshaw Otis I • • • • • • ,. - COUNCIL CHAMBERS City of Englewood , Colorado Mi\rch 21 , 1983 REGULAR MEETING: The City Co un cil of the City of Engle wood , Arapahoe County , Colorado , met in r eg u lar session on March 21 , 1983 , at 7:30 p .m. Mayor Otis , presiding , called the meeting to order . Th invocation was gi v en by the Reverend George I. We lc h, Rector of Saint George 's Episco p al Ch urch , 3600 South Clarkson Street . The p l edge of allegiance was led by Boy Scout Troop t92 . Mayor Otis asked f or roll call . Up on a call of the roll , the following were present: Council Members Neal , Fitzpatrick, Weist , Bilo , Bradshaw, Otis . Ab se nt: Council Member Higday. The Mayor declared a quorum present . * * * * * * * Also present were: City Manager McCown City Attorney DeWitt hssist~nt City Manager Vargas Assist nt Director of Community D v lopm nt (Planning) Romans D puty City Clerk Watkins * * * • * * * FITZPATRICK MOVED TO APPROVE THE MINUTES OF MARCH 10 , 198 Council M ber Bradshaw COUNCIL MEMBE R THE SPECI AL MEETING 0 econded th mo on . Upon a c 11 of th roll, th vo result d aa follows : Ay Council itzpa r c , \oi i t , Bilo , 0 i . Nay Non . Abb nt: Counc 1 M M r 1119<1 y . I • • r • • ( • • - March 21 , 1983 Page 2 Ab stain: Council Member Neal. The Mayor declared the motion carried. * * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF MARCH 14, 1983. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: time. Ayes : Nays: Absent: Council Members Neal, Fitzpa tri c k, Weist, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion ca rried. * • • * • * * There wer e no pre-scheduled visitors. * • * • • • * Mayor Otis asked if there were any other visitors at this Juliana Stark, 6953 South Knolls Way, unincorporated Arapaho County , ca me forward. Ms. Stark stated she was repre- senting the Engle wood Employees' As socia tion and on their beha lf expressed appr ciation for the change that was made by Council in 5-ll-4(d) of he administ rativ e procedures. w r * * * * • • * There were no other visitors • • • * * • * * "Conmunications -No Action Recommend d• on th agenda (a) (b) Minu s of th Housing Authority m eting of January 2 , 19A3. Minul s of he w r and S w r Board meeting of F bruary 8, 1983. • , I • • • • March 2 1, 198 3 Page 3 (c ) (d) (e) (f) (g) Minutes of the Parks and Recreation Commission meeting of February 1 0, 1983 Minutes of the Planning and Zoning Commission meet i ng of Fe bruary 23 , 1983. Minutes of the Englewood Downtown Management Committee meeting of March 3, 1983. Mi n utes o f t h e Englewood Public Library Ad- visory Bo ar d meet ing o f March 8, 1983. Memora ndum fr om the Di rector of Librar ies t o the Assist a nt City Ma n a g e r concerning s iting of the Library . COUNCIL MEMBER NE AL MOVED TO ACCE PT "COMMUNICATIONS -NO ACTION RECO MMENDED" AGEND A ITEMS S(A) -5(G). Council Mem b er Bilo seconded the motion . cor r ect . Council M mber Bradshaw noted agenda it em S (c) wa s now Upon a call of the roll, th vote r esul ted as fol l ows: Ayes: ays: Absent: Council Members Neal , Fitz p a trick, Weist , Bilo , Bradshaw, Otis . None. Council Me mb r Higday . Th Mayor declared the motion carried . * * * * * * * City Manager McCown presented ~ Council Communication from he Planning nd Zoning Commission m e ing conc erning Spencer's Landing planned dev lopmen 4 00 Sou h Oeca ur S re t. Ass! tan Direc or of Communi y Develo pment (Planning) Dorothy Romans ca forward and pr nt d the application in de &11 inclusive o h findings of fact rom h Co mmission . Ms . Romans repor ed he Planning nd Zoning Com i slon recommended approval. John M ur r, ~. Garl nd, Ll projec , rovid d in orm ion in ha ph inc many o have b n presold • • le on , architec for he may no be necessary ) I • • ( • March 21, 1983 Page 4 • • • COUNCIL MEMBER BRADSHAW MOVED TO RECEIVE THE PLANNED DE- VELOPMENT AS RECOMMENDED BY THE PLANNING AND ZONING COMMISSION AND INSTRUCT THE CITY ATTORNEY TO PREPARE THE APPROPRIATE RESOLUTION. Council Member Bilo seconded the motion. Upon a call of the ro ll , the vote resulted as follows: Ayes: Nay s: Absent: Council Members Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis . None. Council Memb er Higday. The Mayor declared the motion carried . * * * * * * * Assistan t City Manager Vargas presented a Council Communi- cation from the Wate r and Sewer Board meeting of March 18 , 1983 concerning valley Sanitatio n District Supplement tl6. Mr. Vargas reported the Board recommended approval of the annexation of the pro p erty . COUNCIL MEMBER FITZPATR IC K MOVED TO ACCEPT AND AP PROVE VALLEY SANITATION DISTRICT SUPPLEMENT 116 TO BE ANNEXED TO THE VALLEY SANITATION DISTRICT AS RECOMMENDED BY THE WATER AND SE WER BOARD. Council Member Bilo seconded the motion . Upon a call of the roll, the vot resulted as follows: Ayes: Nays: Absent: Council Memb ers Neal, Fitzpatrick , We ist , Bilo, Bradshaw, Otis . Non e. Council Member Higday. The Mayor declared the motion carried. * * * * BY AUTHORITY ORDI NANCE NO. ERIES 0 1983 A BILL OR * • * * COUNCIL BILL NO. 17 INTRODUCED BY COUNCIL M HBER BRADSHAW I • • ( • March 21 , 19 8 3 Page 5 • • • AN ORDINANCE CREATING PAVING DISTRICT NO. 29 IN THE CITY OF ENGLEWOOD, COLORADO, ORDERING THE CONSTRUCTION AND INSTALLATION OF STREET PAVING, CURB AND GUTTER AND SIDEWALK IMPROVEMENTS, PROVIDING FOR THE ISSUANCE OF BONDS IN PAYMENT FOR SAID IMPROVEMENTS; AND SETTING FORTH OTHER DETAILS IN CONNECTION WITH THE DISTRICT. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 17 , SERIES OF 1983, ON FIRST READING. Council Member Fitzpatrick sec- on ded the motion. Upon a call of the ro ll , the vote resulte d as follo ws: Ayes: Nays: Ab sen Council Members Neal, Fitzpatrick , Weist, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried . ORDINANCE NO. SERIES OF 1 A3 * * * * BY AUTHORITY A BILL FOR * * * COU NCIL BILL NO. 16 INTROD UCED BY COUNCIL MEMBE R FITZPATRICK AN ORDINANCE AMENDING THE '69 ENGLEWOOD MUNICIPAL CODE BY ADDING TO SECTION 5-11-4 AMENDMENTS CLARIFYING THE AUTHORITY OF THE CITY MANAGER AND CITY COUNCIL WITH RESPECT TO CITY EMPLOYEES IN THE MUNICIPAL COURT AND PROVIDING COURT RESPONSIBILITY FOR INTERNAL FUNCTIONS OF THE COURT. COUNCIL MEM F.R FITZPATRICK MOVED TO PASS COUNCIL BILL NO. l , SERIES OF 19 ), 0 FIRST READING. Council Memb r Bradshaw s c- onded th~ motion. Upon call of h roll, h vo e r sul d as o1low : Ay s: Co unci 1 m ers e 1 , is , b lo, Br dshaw, Nays: Non . A n Council M r Hl y. T ,.. yor d c:hr d h mo Son c r ri d. ) I • • c ( r • ( • March 21, 1983 Page 6 ORDINANCE NO. SERIES OF 1983 • • • • • • • • BY AUTHORITY A BILL FOR • • CO UNCIL BILL NO. 18 IN TRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE AMEND ING SEC TION 5-ll-4(d) OF THE ENGLE WOOD MUN ICIPAL CODE '69 CONCERNING REMOVAL OF MEMBER S OF TH E CA REER SERVI CE BOARD. COUNCIL MEMBER NEAL MOVED TO PASS COUNC IL BILL NO. 18, SERIES OF 1983, 0 FIRST READING. Council Membe r Fitzpatr ic k sec- onded the motion. Council emb r Silo opposed the council bill on the basis rel in quished Council's authority. Council Member Bradsha w sta ed he ill was action taken in r esponse to th employees ' concerns. Council Member Fitzpatrick sta d h council bill d1d no ake away he righ Char er to remov e board members . he intent wa s good and as written in the Council Member eal stated th bill was an offer of con- cilia ion that addr ssed legitimate concerns of the employees. Mr. N 1 s a ed he would he firs o chang he o rdinance if actions of a board member were o warr an 1 , and if the employees do not ac o remove their representative from h Care r Service Board. Upon a c 11 0 he roll, h vo re ul ed as follows: Ayes: Council Members N I'll, F zpa rick, w lst , Bradshaw, o is. N ys: Counc 11 Hem r Bllo. "' en I ouncil H m er Hi day. The H yor cl r d h mo ton c rri d. • • • • • • • • I • • ( • March 21, 1983 Page 7 RESOLUTION NO. 11 SERIES OF 1983 • • - A RESOLUTION IN OPPOSITION TO REDUCING STATE AID TO PUBLIC SCHOOLS. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO . 11, SERIES OF 1983. Council Member Fitzpatr ic k seconded the motion. Upon a call of the roll, the vote result ed as follows: Ayes: Nay s : Absent: Co uncil Member s Nea l , Fitzpatrick, Weist, Bi lo, Bradshaw, Otis . None. Council Member Higday. The Mayor declared the motion carried . RESOLUTION NO . 12 SERIES OF 198 3 • * • • * * A RESOLUT IO N ADOPTI G FI DI NG S , CONCLUSION AND DEC ISION OF THE CITY CO UNC IL OF TH~ CITY OF E GLEWOOD , COLORAD O. City At orney DeWitt noted the resolution related to the Marion Street Villa~ planned development. CO UNC IL MEMBER BRADSHAW MOVED TO PAS S RESOLUTION NO. 1 2 , SERIES OF 1983. Council ~e mber Bi lo second d he motion. Upon a call of he roll, he vo e resulted as follows: Ayes: Council M mber s W is , Bi lo, Br d ha w, o is. Nays: Council Memb r s N al, Fi zpa rick . A s n ouncil M mber Higday. Th Mayor d clar d he mo ion c11rri d . • • • • • • • I • • ( • March 21 , 1983 Page 8 RESOLUTION NO. 13 SERIES OF J983 • • • RESOLUTION SUBMITTING TO THE REG ISTERED QUALIFI ED ELECTORS OF THE CITY OF ENGLEWOOD, COLOR AD O AT A SPECIAL MUNICI PAL ELECTION TO BE HELD TUESDAY , MAY 17, 1983 , THE QUESTION OF ISS UING GENERAL OBLI- GATION BONDS OF THE CITY IN THE PRINCIPAL AMOUNT NOT TO EXCEED $4,680 ,000 , FOR THE PURPOSE OF ACQUIRING LAND AND CONSTRUCTING AND EQUIPPNG A COMMUNITY CENT ER AND RELATED APPURTENANCES, FOR THE CITY . COUNCIL MEMBER BRADSHAW MOVED TO PAS S RESOLUTION NO. 13, SERIES OF 1983. Council Member Silo seconded th e motion. Upon a call of the rol l, the vote resulted as follows: Ayes: Nays: Absent: Council Members Nea l , Fitzpat rick, Weist, Silo, Brad shaw , Otis. None. Council Member Higday. The Mayor declared the motion carried • • • • • • • • City At torney DeWitt discussed the matter of assigning the power of attorney to the Director of Utili ies , Stu Fonda, for the purposes of negotiating the Tri-City Trust with the City and County of Denver. Mr. DeWitt stated the Mayor wa s going to meet with the Water and Sewer Board the following day on this matter. COUNCIL MEMBER NEAL MOVE D TO DELEGATE TO THE MAYOR OF THE CITY OF ENGLEWOOD THE AUTHORITY TO SIGN THE POWER OF ATTORNEY NECESSARY TO IMPLEMENT A SETTLEMENT IN THE VOTE IN THE TRI-CITY TRUST AND FOR HIM TO USE HIS OWN JUDGEMENT CONTI NGENT IN THE MEET- ING WITH THE WATER A D SE WER BOARD. Council M mber Bilo seconded h mo ion. Upon a call of the roll, he vo resulted as follows: Aye : Council M mbers al, i zpatrick , w is , Bilo, Bradshaw, 0 i . Nays: Non Absen Council Memb r H g Y• Th Mayor d clar d he 0 io c rri d. • • • • • • • • I • - ( • • • March 21 , 1983 Page 9 • • • City Manager McCown presented a Counci l Communication concerning amending the 1982 General Fund budget and presented a resolution appropriating the monies. Council Member Fitzpatrick asked for a breakdown on the manning requirements in the Fire Department. RESOLUTION NO. 14 SERIES OF 1983 A RESOLUTION AMENDING THE 1982 GENERAL FUND. COUNCIL MEMBER NEAL MOVED TO PASS RESO LUTION NO. 14, SERIES OF 1983 . Council Member Fitzpatr ic k seco nded the motion. Upon a call of th e ro ll , the vot e resulted as follo ws: Ayes: Nays: Absent: Council Members Neal, Fitzpa trick, Weist, Silo, Bradshaw, Otis . None. Council Member Higday. The Mayor declared the motion carried • • • COUNCIL MEMBER BRADSHAW MOVED TO APPOINT GLEN 3675 SOUTH CHEROKEE, TO FILL THE UNEXPIRED TERM ON THE COMMISSION. Cou nc il Member Neal seconded the motion. of th roll, the vo e resulted as follows: Ayes: Co unci 1 M mbers Nea l , Fitzpatric k, w is , Bi lo, Bradshaw, Otis . ays: Non . Absent: Council Member Higday. The Mayor decl r d th motion ct~rr d. * • * • • • • WADDELL, ELECTI ON Upon a call Th re was no fur her business o be discuss ed. • * * * * * * COUNCIL M MB R NEAL MOV D TO ADJOURN. • I • • - r • • • March 21, 1983 Page 10 • • • Mayor Otis adjourned the meeting without a vote at 8:30 p.m. • I • • RESOLUTION NO, 15 SERIES OF 1983-- • • • A RESOLUTION OF THE ENGLEWOOD CITY COUNCIL COMMENDING MILTON J. SENTI FOR HIS OUTSTANDING SERVICE TO THE COMMUNIT'i AND TO ·rHE DENVER REGIONAL COUNCIL OF GOVERNMENTS, WHEREAS, MILTON J, SENTI has served the City of Englewood as a Council Member, Mayor, and as current Chairman of the Englewood Planning and Zoning Commission, and WHEREAS, MILTON J, SENTI has offered generously his time, effort and expertise to further the concepts and principles of regional governmental cooperation; and WHEREAS, MILTON J. SENTI has served the Denver Regional Council of Governments as Board member, Chairman of the Board, and member of its Legislation, Structure and Organization, Aging Advisory and Housing Advisory Committees during a period of 12 years; and WHEREAS, MILTON J, SENTI has received the 1982 John V. Christensen Award, the highest honor bestowed each year by the Denver Regional Council of Governments; NOW, THEREFOR&, BE IT RESOLVED BY THE CITY COUNCIL OF THE CIT'i OF ENGLEWOOD, COLORADO: ' That the City Council of the City of Englewood, on behalf of the citizens of this co••unity, do express their sincere congratula- tions to MILTON J. SENTI on his receipt of this award and do comme nd MILTON J. S!NTI for his continuing outstanding service to this co unity and region. ADOPTED AND APPROVED this 4th day of April, 1983, AtteS t I r ex o lllcl o City Clerk-Treasurer • I . RESOLUTION NO. 15 SERIES OF 1983-- • • • A RESOLUTION OF THE ENGLEWOOD CITY COUNCIL COM MENDING MILTON J. SENTI FOR HIS OUTSTA)IDING SERVICE TO THE COMMUNITY AND TO 'rHE DENVER REGIONAL COUNCIL OF GOVERNMENTS. WHEREAS, MILTON J. SENTI has served the City of Englewood as a Council Member, Mayor, and aa current Chairman of the Englewood Planning and Zoning Commission; and WHERE AS , MILTON J. SENT I h as offered generously his tim e , ef fo r t and expertise to further the concepts and principl e s of regional governmental cooperation; and WHEREAS, MILTON J. SENTI has served the Denver Regional Co unc i l of Governments as Board member, Chairman of the Board, and member of ita Legislation, Structure and Organization, Aging Adv i sory and Hous i ng Advisory Committees during a period of 12 y ears; and WHEREAS, MILTON J. SENTI has received the 1982 John V. Chri stensen Award, the highest honor bestowed each year by the Den ve r Re gi onal Council of Governments; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CI TY OF ENG LEWOOD, COLORADO: That the City Council of the City of En9lewood, on behalf of t he ci t i zens of this co .. unity, do express their sincere congratula- tions to MI LT ON J. SENTI on h i s receipt of this award and do comm e nd MILTO N J . SE NTI for hi s contin uing outstanding service to thi s community and re9i on . ADOPTED AN D APPROV ED this 4th d ay o f Apr i l, 198 3 . Attest: yor ex o ffici o cit y Clerk-Treas u rer • I • • • RESOLUTION NO. 15 SERIES OF 1983-- • • • A RESOLUTION OF THE ENGLEWOOD CITY COUNCIL COMMENDING MILTON J. SENTI FOR HIS OUTSTANDING SERVICE TO THE COMMUNITY AND TO 'rHE DENVER REGIONAL COUNCIL OF GOVERNMEN'rS. WHEREAS, MILTON J. SENTI has served the City of Englewood as a Council Member, Mayor, and as current Chairman of the Eng l ewood Planning and Zoning Commission; and WHE RE AS, MILTON J. SENTI has offered generously his tim e, effort and expertise to further the concepts and principl es of regional governmental cooperation; and WHEREAS, MILTON J. SENTI has served the Denver Regional Council of Governments as Board member, Chairman of the Board, and member of its Legislation, Structure and Organization, Aging Advisory and Housing Advisory Committees during a period of 12 ye ars; and WHEREAS, MILTON J. SENTI has received the 1982 John V. Christensen Award, the highest honor bestowed each year by the De n ver Regional Council of Governments; NOW, THEREFORE, BE IT RESOLVED BY THE CIT'i COUNCIL OF THE CIT'i OF E GLEWOOO, COLORADO; That the City Council of the City of Englewood, on beha lf of the citizens of this comaunity, do express their sincere congratula- tions to MILTON J. SENTI on his receipt of this award and do commend MILTO J. SENTI for his continuing outstanding service to thi c ommunit y and region. ADOPTED AND APPROVED this 4th day of Apr il, 1983. At test: Mayor x o ffici o-City Clerk-Treasurer • I . - • • • Mayor Otis and Members of City Council INI'aOfiiiCI •••au.-• ~ Rick DeWitt, City Attorney ~· Public Hearing P.D. 29 • • • DA111 March 30, 1983 Per Council policy, the ordinance on P.D. 29 is not reprinted at this time. This is a reminder to ask that you bring your copy to the public hearing April 4 . • I . • • • 1982-83 Englewood lliyh School Stute Qu.ll ifiers l. Monu Cosby -girls' swimming -(·Junior) Mrs. N~sbet -coach Ruth Nisbet 2. Dan Parker -junior 3. Rod Parker -senior 4. Jim Gully -senior 5. Jim Potter -senior Mr. Huff -coach Mr. Penn -coach Girls' basketball 6. Penny Berlin 7. Denise Hixon 8. Gina Lange 9. Mandy Martinez 10. Brenda Mullins ll. IJlurtu Euo;Lritlge 12. Charlotte Look 13 . Barb Montoya 14 . Kristy Phelps 15. Tracy Rubey 16. Kr~s Skrivan 17 . Suzanne Bilo 18 . Tina Siegel 19. Ann S~egel :lCJ. l<ir.1 Nylund 21. Shelly Fritz -wrestling Ken Hu ff Randy Penn Mr. Coll~ns -co ch Ed Collins Mr. Tucker -co ch Boys' b sketball 22. Stev Westr 2 3. Joff Jon s Holmes Schro d r ' James Tucker 1ne -o ch Rich H r din John s na r ch co h -alr dy r c iv d 1 pl qu • I C: M!tijOII Oti~: GCVlij PI! i C(l , P1~i ~IC' i par and LCVli!IJ N.Ube.t, Atlrtetlc ViiH!C t OII ' rnneewuutl lli!lli Sclruuf, LUdf atou Ul!. i.11 a.ud.i.e.nce.. Pc h of vr ttna I • • • • 11/ BY AUTHORITY ORDINANCE NO. SERIES of 1983 ____ _ A BILL FOR COUNCIL BILL NO. 17 INTRODUCED BY COUNCIL MEMBER fro -ui,_ I./,,) AN ORDINANCE CREATING PAVING DISTRICT NO. 29 IN THE CITY OF ENGLEWOOD, COLORADO, ORDERING THE CONSTRUCTION AND INSTALLATION OF STREET PAVING, CURB AND GUTTER AND SIDEWALK IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF BONDS IN PAYMENT FOR SAID IMPROVEMENTS; AND SETTING FORTH OTHER DETAILS IN CONNECTION WITH THE DISTRICT. WHEREAS, the City Council of Englewood, Colorado, pursuant to the Charter and the Municipal Code of the City, and the Laws of the State of Colorado, hereby finds and determines that there exists a necessity for the creation of Paving District No. 29, in the City, and the construction and installation therein of street paving, curb and gutter and sidewalk improvements, together with necessary incidentals on certain streets in the City ; and WHEREAS, notice of a public hearing concerning the creation of the District and the construction and installation of the improvements therein has been published once a week for three consecutive weeks in the Englewood Sentinel, a newspaper of g en ral circ ulation in the City, and in addition, a n o t ice h a s be e n ma i l e d, postage prepaid, to each known owner of real pro p e rt y wi thi n th e propo s ed District; and WH ER EA S , at th e t1me and place s et fo rt h in the notice , the City Council me t i n o p en se ss ion for th e pu r pose of hearing ny obj ctions or prot sts that might be made ga nst th proposed d1str1ct or th improvements to be construct d or inst 11 d; nd WHEREAS , 11 protests have b een h rd nd cons1d red by th City Councll , n d t h Cou n cil h s d t rm in d that such pro- s s hould no b !low d; - 1 • I • r • ........., • • • BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Creation of the District. That a special improvement district for the construction, installation or im- provement of created and the improvements hereinafter described, is hereby established in accordance with the Charter and the Municipal Code of the City, and the Laws of the State of Colorado, and shall be known and designated as "Paving District No. 29". All proceedings heretofore taken and adopted in connect ion with the District are hereby ratified, approved and confirmed. Section 2. Engineering Plans and Specification s . That the engineer 's reports, together with all of the details, specifi- cations, estimates, maps and schedules thereto attached or ap- pended, are hereby approved and adopted. Section 3. District Boundary. The extent of the Di s trict to be assessed for the cost of the improvements and the area to be included within the boundary of the District, shall be all the real property specially benefited, and fronting or abutt- ing on the streets and avenues between the termini hereinbefore described , including the real property within one-half (1/2) block of such streets and avenues. Adjustments for the assessment of costs will be made for irregular and odd-shaped lots and parcels of property. Section 4. Description of Improvements. The kind of improvements and the streets and avenues on which such improve- ments shall be constructed or installed shall be as follows: 00 1. Necessary grading and excavation, paving with 6" compacted gravel base course and 2" asphaltic con- crete surface, concrete walks, curb and gutter where not already in s talled; togethe r with appurtenances nd 1nc 1de n t al s o n h follow1ng st r t s nd ve- n u e s : F'J01 TO St . s . Av . N. s . s. rst Av N. St . s . s. s s . N. s s . N. s s . N. 2 - • I • r 00 • • - 2. Necessary grading and excavation, paving with 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: FI01 TO s. Navajo St. W. Union Ave. S. line w. Stanford Ave. S. Clay St. N. line w. Tufts Ave. w. end of the Platte River Bridge Section 5. Improvements Authorized. The construction or installation of the street paving, curb and gutter and sidewalk improvements in and for the District, as shown by the plans, specifications and maps thereof, approved by the City Council of the City, is hereby authorized and ordered, the material to be used in the construction of said improvements to be in accordance with such maps, plans and specifications. Section 6. Assessment of Costs. The probabl e total co st of the improvements to be constructed or installed is $549 ,100; it is proposed that the City of Englewood will pay approximately $200,000; the remainder of the cost will be assessed against the property within the district and specially benef i ted by the construction and installation of the improvements. The approximate share of the total cost to be assessed per front foot against any lot or tract of land fronting or abutting on said improvements will be as more particularly set forth i n the resolu- tion passed and adopted on February 7, 1983, and wh ich is incor- porated herein by specific reference. S ction 7. Payment of Assessments. The ass ssments will b du nd pay ble without d 111and within thirty (30) d ya fro and after the final publicat on of the Ordin nc aseaaing th whol coat of said improv nta ag inst th r 1 property in the 01str1ct. In th ev nt any o wn r of r 1 st te ah 11 11 to p y h whol of such a sam nt ag inst his or h r 3 - • I • • • • property within said thirty (30) days, then the whole cost of the improvements so assessed aga i nst such property shall be payable in ten (10) equal annual installments of principal. The first of such installments of principal shall be due and payable at such time as will be determined in the assessing ordinance and the remainder of said installments shall be due and payable successively on the same day in each year thereafter, until all are paid in full. The rate of interest to be paid on unpaid and deferred installments will be established by ordinance to be adopted by the City Cou ncil at a later date. Section 8. Special Improvement Bonds. By virtue of and pursuant to said laws and the Charter and the Municipal Co de of the City, local improvement bonds of the City shall be issued for the purpose of paying for the local improvements described in this Ordinance, in an amount not to exceed the cost and expenses of said improvements, including engineering, legal and incidental expenses, as provided by law. The bonds shall be issued based upon estimates approved by the City Council, and as authorized by an Ordinance to be passed by the City Council at a later date. The maximum rate of interest on special improvement bonds for Paving District No. 29, shall not exceed thirteen (13) per cent per annum. The bonds and the interest thereon shall be payable out of special assessments to be levied against the real property includ d within the District and specially benefited by th improvement s to be constructed or installed. Section 9. General Benefits. The City Cou nc ll hereby fl.nds and determines that the improv ment s propos d to b con- struct d nd install d w ill conf r spec1 1 b n fit upon the property with1n th District and • gen r 1 benefi upon the C1 y a whole. s ction 10. s v rabllity. That 1f any on or more sect1ons or p r a o thu shall b d)udg d un nforc - or 1nv lld, uch )Ud nt ah ll not or 1nv 1- th r a ning provu ona o th a ng h tn nt1on h th v rtou p ov111on o r v abl • 4 - • I • • • • Section 11. Hearing. In accordance with the City Charter and Municipal Code of the City, the City Council shall hold a public hearing on this ordinance, befor~ final passage, at 7:30 P.M. on Monday, April 4, 1983. Section 12. Publication and Effective Date. This Ordinance, after its final passage, shall be numbered and record- ed, and the adoption and publication shall be authenticated by the signature of the Mayor and the Director of Finance, ex-officio City Clerk-Treasurer, and by the Certificate of Publication . This ordinance shall become effective thirty (30) days after publica- tion following final passage. Introduced, read in full, and passed on first reading on the 21st day of March, 1983. Published as a Bill for an Ordinance on the 23rd day of March, 1983. Mayor Attest: ex officio city Clerk-Treasurer I, Gary R. Higbee, ex offocio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of Bill for an Ordinance, introduced, read in full, and passed on first read- ing on the 21st day of March, 1983. Gary R. Higb e • I • • • • • MINUTES ENGLEWOOD, COLORADO BOARD OF ADJUSTMENT AND APPEALS February 9, 1983 The regular meeting of the Board of Adjustment and Appeals was called t o order at 7;30 p .m. by Chairman Roger Gage. MEMBERS PRESENT: MEMBERS ABSENT: Kreiling, Hallagin, Seymour, Brown, Dawson, Ferguson and Gage. None. ALS O PRESENT: Dorothy A. Romans, Assistant Director of Community Development Larry D. Yenglin, Planner I Sheryl Rousses, Re cording Se c retary * * * * * * * * * * BOARD MEMBER SEYMOUR MOVED THAT THE MINUTES OF THE JANUARY 12, 1983, MEET ING OF THE BOARD OF ADJUSTMENT AND APPEALS BE APPROVED. BOARD MEMBER BROWN ASKED THAT HIS FINDINGS OF FACT BE ADDED TO PAGE TWO. Bo rd M mber Daw son s e conded the motion. Upon a vo t e , all memb r s vot d in the affiraative. Th Chairman r ul d th t th minut s t nd APPROVED with on co rr c tion. * * * * * * • * • • BOARD MEMBER SEYM UR MOVED THAT THE FI Ntll 'CS OF FACTS I CA SES Affi 2-2--RECONSIDERATIO , BE AP PROVED. Bo rd Dawson seconded th motion. 0 )-83 Up n a vote, 11 th t h Findin 8 Th Chairaan rul d • * • • * • • * * * G stat d that th reoraenha ion 0 th II r d was th n xt bu tn 88 nd as d or n 1nat1 n or Ch d r aan. AT D NAJ.D D. II . r th mo t i n. no ur h r n in tiona or n. ) I • • r • M1nuces Board of Adjustment and Appeals Page 3 • • • Mr. BroWll asked how big the garage would be, and if it was to be a business. Mr. Crawford stated that the garage would be 30 feet by 25 fe et, a three-car garage, and would not be used for a business. Mr. Kreiling asked about the sewer line which serves the residence and which would appear to be installed under the proposed garage. Mr. Crawford stated that the line would be dug up and replaced with PVC--all plastic pipe in accordance with the requirements of the Utilities Department. There will be t wo doors in the garage, a double and a single. He plans to park the truck in the driveway parallel to the alley. Mr. Kreiling asked about the alley and why it was a dead end. Mr. Crawford replied that it is not a deeded alley, but he has left room for the alley, were it ever to be dedicated. Mr. Kreiling said that the applicant has no parking now because South Bannock is a one-way street there and the parking zone is on the other side of the street. He also suggested that the Code be changed to accommodate campers. Mrs . Romans stated that she would look into adjusting the Zoning Ordinance regulations to accommodate the extra garage height that is necessary for recreational vehicles. Chairman Seymour asked if there were any other persons who wishe d to speak in favor of the variance. No one came forward. There were no persons speaking in opposition to the granting of the v riance. Mr. Crawford submitted three letters in favor of the variance; there w re no letters ubmitt d by opponents. Chairman Seymour sked th t the St ff report b mad part of th r cord. BOARD MEMBER KREILING M VED THAT KENNETH L. C WFORD BE GRANTED A VARIANCE FOR PROPERTY AT 3260 SOUTH BAN OCK STREET TO PERMIT AN lNCREAS HEIGHT OF A GARAGF FROM 15 FEET TO 18 FEET. THIS IS A VARIANC FR THE C MPREHENSIVE ZONI'G ORDI ANCE, SECTIO. 22. -5 o. (1) (a) -ACCESSORY BUILOI 'GS AND PERMITTED ACCESSORY USES, PROVIDI THAT TH SEWE Ll E IS DUG UP JJ 0 REPLACED WITH ALL PLASTIC PIP 1 C KPLIA! C WITH THE RF.QUIR 'TS OF rH UTILITIES DEPARTMENT. conded th .otion. the board voted in avor o the aotion, th v rianc wa a APPROVED. tb aix r qu1r h rd hip, th r pl • • r Minutes Board of Adjustment and Appeals Pa ge 2 • • • Upon a voice vote, all members voted in favor, except Board Member Kreiling, who abstained. The Chairman ruled that Donald D. Seymour was ELECTED Chairman of the Board of Adjustment and Appeals for 1983. Chairman Gage called for nominations for Vice Chairman for 1983. BOARD MEMBER SEYNOUR NOMINATED BOARD MEMBER VIRGINIA DAWSON TO BE VICE CHAIRMAN OF THE BOARD OF ADJUSTMENT AND APPEALS FOR 1983 . Board Member Hallagin seconded the nomination . There were no further nominations for Vice Chairman. Upon a voice vote, Board Member Dawson was unanimously ELECTED to be Vice Chairman of the Board of Adjustment and Appeals for 1983 . Mr. Brown thanked Mr. Gage fo r his leadership as Chairman for 1982. Mr. Seymour took over as Chairman of the Board. Mr. Kreiling asked that the new board member, ~k. Ferguson, be introduced to the Board. Mr. Ferguson said that he has been a ci tizen of Englewood since 1952. He worked for Pepsi Cola for 26 years and has been on medic 1 retirement since March 1, 1981, when he had a heart attack. * * * • • • * * * • Chairman S ymour st t d K nneth L. Crawford, officially open. The requ t. Larry D. Y n lin in th allowabl v riance from th (1) (a) -Accessorv Public Hearing on Case No. 1-83, 3260 Sou th Bannock Street, wa s Staff identify the n incre t. This is 22. -5 o. liv d th r and i h h 1a t h had ltv d ther f ur raw ord v uld th t >uld 11 • • • • Ml.nut:es Board of Adj u stment and Appeals Page 3 Mr. Brown asked how big the garage would be, and if it was to be a business. Mr . Crawford stated that the garage would be 30 feet by 25 fe et, a three-car garage, and would not be used for a business. Mr. Kreiling asked about the sewer line which serves the residence and which would appear to be installed under the proposed garage. Mr. Crawford stated that the line would be dug up and replaced with PVC--all plastic pipe in accordance with the requirements of the Utilities Department. There will be two doors in the garage, a double and a single. He plans to park the truck in the driveway paral lel to the alley. Mr. Kreiling asked about the alley and why it was a dead end. Mr. Crawfo rd replied that it is not a deeded alley, but he has left room for the alley, were it ever t o be dedicated. Mr. Kreiling said that the applicant has no parking now because So uth Bann ock is a one-way street there and the parking zone is on the other side of the street . He also suggested that the Code be changed to accommodate campers. Mrs. Romans stated that she would look into adjusting the Zoning Ordinance regulations to accommodate the extra garage height that is necessary for recreational vehicles. Cha irman Seymour asked if there were any other persons wh o wished to speak in favor of the variance. No one came for ward . There were no persons speaking in opposition to the granting of the v riance. Mr. Crawford submitted three lett rs in favor of the variance; there w r no 1 tters ubmitted by oppone nts. L'hairman v.our a k d th t th Staff r port mad p rt of the record. R Kit f. II I. 'G OVED THAT K NETH L. CRAilFORD B GRANTED A VARIANCE AT ~60 SOUTH BANSOCK STREET TO PERMIT AN INCREASE 1 THE A C FR 15 FEF.T TO 18 FEET. THIS IS A VARIANCE FROM 1"1'1''1P~~rHIF.NS Z 'I 0 I 'M'CE, SECTIO 22. -5 o. (1) (a) -ACCESSORY IT't'ED ACCES ORY USES, PROVlDl.'G THAT THE SEWER Ll E LA WITH ALL PLASTIC PIPE l C MPLIANCE WITH THE UTll.ITI DEPA TH T. d th IDOtion. ol h bo rd voted th v ri nc wa ct foll w•· the. aotion, I • Minutes Board of Adjustment and Appeals Page 4 • • • Mr. Hallagin voted "yes" because the six requirements for granting a variance were present. There is a hardship, the sewer line will be moved and the applicant needs a storage place. There were three letters favoring the variance. Mr. Gage voted "yes" because Mr. Crawford met the six requirements, there is a hardship and this variance will permit off-street parking. Mr. Brown voted "yes" because there were three letters in favor of granting the variance, there wa s no one present opposing the variance, and this addition will be a solution to parking problems which are a hardship to the applicant. Mrs. Daws on voted "yes" because Mr. Crawf ord had the approval of three of his neighbor and he does have a parking problem. lt is good to get the cars off the street and Mr . Crawford needs storage place. Mr. Ferguson voted "yes" because the conditions for a variance were met and it will liminate on-street parking . The neighbors agreed and it will upgrade the area. Chairman Seymour stated that there was a hardship, and there was no opposition, th refore he voted "yes". * * * * * * * * * * Chairman Seymour stat d that th Public Hearing on Case No. 2-83, was officially open d. Th applic nts are David H. Easterly, Melva R. Bow n nd Irva M. Tun t 11, th rty is 3169 South Grant Street. Chairman S vmour ask d that th identify th request. y r 22. -b - r qu sling th mily zon district. Ordinance, Section tion o po tin and th lrva H. funs t 11, 229S • prop rty Mn. for her I . • • • • Minutes Board of Adjustment and Appeals Page 5 newspaper all assured them that this was a rental. After some time, Mrs. Bowen took a CETA job and Mr . Easterly moved into the home of Mrs. Tunstall and the units were rented out. She stated that they had been able to provide housing for people with children and pets. Mrs. Tunstall stated that they had spent thousands of dollars keeping up the property. The expenses on the property are over $1,000 s month. They were shocked, she said, when they were told that they were in vio- lation of the Zoning Ordinance. She stated that the owner at the time of the passing of the 1963 Zoning Ordinance should have gone before the Board to get a variance, but did not. Since that time, it has been a duplex or a triplex. She asked that they be allowed to continue to use it as a rental. She presented one letter from the ' neighbor to the north approving the variance. She stated that she and her father are on Social Security, and her daughter is unemployed; they would be in a disastrous situation if they are not allowed to continue to rent for at least 2 years or 18 month~ if they cannot be granted the variance . If they have to sell the property, it will go for a reduced price be c ause it cannot be rented as a multi-unit house. Mr. Kreiling asked what the garage is being used for at the present time. Mrs. Tunstall replied that it is s torage space, but at the bac k of the property there is c ement providing parking for two or three c ars. Only one c ar is parked on the street, as each family has onl y one c ar. Mr . Brown asked a bout the Building Divisio n report of things which do not meet Cod . Mr s . Tunstall stated that there is a plumbing prob lem o n which they have spent $3,000 trying to c orrec t. It is s till no t right. She knows that the elec tric a l system is not done properly and t h water heater i s not vented properl y . She was told that it would take $1 600 t o b ring the property up t o Cod e . Mr . Brown gave her a copy of th letter f rom the Building Divis i on. The f ollowing ia a copy of the lette r whic h was written f ollowing n inspection o f 3169 So uth Grant Str e t . TO: Doro thy A. Romans, As s i s t n t Di r ctor -Commu ni t y De v l op nt FROM: Building Depar tment DAT : February 3, 1983 ~BJFCT: 3169 South Gr nt Str et n Ha r nd r, Structur 1 Inap ctor, Mal Atkins , Electrical ln pector, nd Foat r Willa, Plumbing Inap ctor , inspect d t h above property on F bruary 3, 1983. Th follov in ia a repor t of th ir findin a: TRUCTURAL and PL Caa nt -wind in unit. re no 1 al for exit, tw o c r eked wind a o n • I • • • - Minutes Board of Adjustmen t and Appeals Page 6 Unit Ill , south rear 1 . No escape windows from bedrooms. 2. Minimal natural light f rom windows. 3. Combination livingroom a nd bedroom 160 square feet. 4. Furnace inaccessible for service o r replacement. 5 . Illegal unvented plumbing. 6. Illegally vented f urna ce and hot wate r heater. No te: All basement plumbing should be revamped to Code. Unit II 2, no rth rear 1. Bedr oom windows not ok for escape. 2. No ceiling in bath a re a . 3. Hole in kitchen ceiling. ELECTRICAL In all units the service is inadequate , GFCI receptacle required in bath and outside. Kitchen circuits are not adequate and there is an insufficient number of receptacles. Wiring to garag is not proper typ and is not installed according t o Code. There is no GFCI in garage. There is expos d ROMEX under awning. This letter wa sign d by Foster Wills, Mal Atkins and G ne Macrand r. Mr Tun tall id h had not n th Building Oivi ion r port b fore this m tin Aft r sh had looked at it, sh st ted that the c iling in th b throom had to b remov d b caus th plumbin 1 k d. A former tenant's boyfri nd had put his fist through the kitch n ceilin nd had not fix d it s h h d promis d. r it w uld nnt 11 th h nd -1-• n th w -I ily • I • Minute s Board of Adj u s tm e nt and App eals Page 7 • • • }tr s. Tunstall a s ked who had brou~ht this up to the Board and wh y ha dn't it come up bef ore the Boar d at a n earlier time. Mrs. Roma n s r e plied that there had been a complaint filed and the I nspector res ponded to the complaint. Mrs . Tunstall stated that this matter s h o uld have c ome up before, especially sinc e there are other multi- family units in the block. Mr. Hallagin asked how many people had been renting the three unit s. Mrs. Tunstall replied that in one unit there is a total of 5 pe o ple, tw o adults and three children. In the second unit there is a woman wi t h 2 chi l dren. In the third unit there is a family with one baby. She e xp lained th a t these renters a re n o t responsible for the hole in the kitc hen c eiling , which has been there for s~ months. Mr . Fe r gu son a sked f o r the amount of the t o tal investment in the proper ty. Mr s. Tu n s t all replied that it was over $70,000 with $35,000 of it in r epair a nd upkeep, over a seven year period. Melva Bo we n, 229 5 So uth Mario n Street, was sworn in. She is the daugh t er of Mr s . Tun s tal l. The tenants who made the hole in the ceiling w r e under the City program o f HUD* and RUD had come out and inves t igat ed , and t hey did no t tel l the owners that the apartm nt was not correctly zoned a nd wa s not u p t o Co de. At that time th basement was not ren ted. I t ha s o n ly bee n within the last ye a r th a t they have ha d rented all t hr un its. Be fo r th a t it had been used s a duplex and for the f i rst 2~ year s of t he i r ownersh i p, it ha d been sin~le-f mily dw lling . This was fam i ly i nve s tment, she i s n ow un mplo ed and has b en ill a nd it would be a great h rdship t o p r e- pare th property for al • Mr . Kr iling sk d i f the varianc e w r e r nted, would Mrs. Tunstall con form with th Buildin Divis i on recommend tion • Mrs. Tun t 11 atat d that he ne d d t o know how much it would co t. that it would be much less expenaiv 1 -f milv us , •• ome of th qui r men ta of uld not then be n Mr . S y1110ur hav to b w r in a on ott n 1 r re to t t1 n pr r d. • Minutes Board of Adjustment and Appeals Page 8 • • .. Board Member Ferguson asked what percentage of rent increase they could absorb. She said probably 50 %, a nd that she understood that fixing the house would mean an increase in rent . Board Member Brown asked how long she had lived there, and she replied three years. Board Member Hallagin asked how man y pets were in the unit . Mrs. Hill stated that sh has a dog, one other tenant has a dog a nd a cat, and the third tenant has no pets. Chairman Seymour asked if th r were any other speake r s in favor of granting the variance. No one came forward. Chairman Seymour asked if ther w re any speakers in opposition to the variance. James R. Thomas, 3183 South Grant Stre t, was sworn in. He stated that he lives two houses sou th of 3169 South Grant Street. H said that the owners are ood people and h has never had trouble with them, but he bought his house in 1966 exp c ting th neighborhood to be a single-family district . To permit three families in th one house would change the neighborhood and attract more multi-unit properties. H stated that the owners do not live on the property, nd it has not been maintained as well as o th r properties h ve been, which hurts his property value. In the past they have had trouble with the tenants, although those people are no longer livin there. He do s not feel that the house is too big for single-f mily dwelling. He stated that h h s invest d a lot of money in his prop rty and do s not want it thr aten d by multi-f mil y unit Board Memb r Kreilin t ted th t Utiliti s billed from 1973-1976 for hr r sid ntial units, nd i n w billing for only two. Mr. Tho s id that h did not kno th t it h d b en a thr -f£mily unit . P ul Co rt Hr. ·r 111n nd r. f mtly ia, tr t, wa wo rn in and stat d th t h prop rty for thre unit nd do not wa nt ighborhood. ~r t w • h is not. pll d th in opp ition to • church , hi a I . ~tinutes Boar d of Adjustment and Appeals Page 9 • • • The Chairman asked that the Staff Report be made part of the reco rd. Mrs. Romans stated that there was a copy of a letter in the Building Division file which was sent to Melva Bowen on October 29, 1980, by Mr. Pittman. The letter listed some items that had to be taken care of--shower in the bathroom, a hole in the ceiling, deteriorated condition of the gas supply line, and the water heater was illegal. I t also stated, "our records indicate that this property has not been properly registered and must be registered as a legal nonconforming use." The owners were given 30 days from the receipt of the letter to make necessary corrections. There is nothing in the file to indicate that it was ever followed up by either the owner or the Building Division. Mrs; Romans stated that the City was re~ss in not following up. The statement saying that the property could be listed as a legal nonconforming use was in error, because it could not have been registered without coming before the Board and it could not be a "legal nonconforming use" because the three units were never a permitted use. Mrs. Romans entered the letter into the record as Exhibit 2. Mrs. Tunstall stated that she had never received the letter. Mrs. Bowen said that she had received the letter, it was the time that HUD was inspecting the property. They then started improving, but Mrs. Bowen said she overlooked that it should be registered, as it wa s a hectic period of time for her. They comp lied with everything that they knew was wrong, she said. The r e wa s one letter in favor of th variance and one in opposition. Th Public H a ring was closed as ther was no further testimony. BOARD MEMBER DAWSON MOVED THAT IN CASE NO. 2-83, APPLI CANTS DAVID H. EASTERLY , MELVA R. BOWEN, AND IRVA M. TUNSTALL SHOULD BE GRANTED A VARIA 'CE FOR 3169 SOUTH GRANT ST REET TO PERMIT THE REGIS TRATION OF A THREE-FAMILY USE IN A SINGLE-FAMILY ZONE DISTRICT. THIS IS A VARIANCE FROM THE COMPREH ENSIVE ZO 1 'G ORDINANCE , SECTION 22.4-4 b - PERMITTED PRINCIPAL USES , PROVIDING THAT THE FOLLOWING I MPROVEMENT S BE MADE AND DEFICIENCIES COR RECTED: T ~CTURAL nd PL~l G Ca nt Wind s are not le sl or exit, two c rack d windows on in 1. • Ill. 2. windows. ). 1 0 quar t. rvi or r place nt. ~. 6. wat r h ater. All nt plumb in hould b rev mp d to d • I . Minutes Board of Adjustment and Appeals Page 10 Unit 112, north rear • • - 1. Bedroom windows are not ok for escape. 2. No ceiling in bath area. 3. Hole in kitchen ceiling. ELECTRICAL In all units the service is inadequate, GFCI receptacle required in bath and outside. Kitchen circuits are not adequate and there is an insufficient number of receptacles. Wiring to garage is not proper type and is not installed according to Code. There is no GFCI in garage. There is exposed ROMEX under awning. IN ADDITION, THE OWNERS ARE GIVEN 45 DAYS TO BEGIN WORK AND 90 DAYS TO COMPLETE THESE IMPROVEMENTS. Board Member Gage seconded the motion. Upon a vote, Mr. Kreiling voted to grant the variance, and the other six members voted to deny the variance. The Chairman ruled that the variance was DENIED. The members gave their findings of fact as follows: Mr. Kreiling stated that he voted "yes" because this setup wa s not created by the current owner. The density in this area i qu stionabl and the City has some responsibility because they did not follow throu gh on the notice of 1980. The owner is dependent upon th c raftsmen licensed by the City t o obt in permits to make the improvem nts whi ch have cost the owners $35,000 in expenses. Mr. Hallagin vot d "no" district. Thr e-family family ar a and incr a nd p ta. Th ca d varianc r return th wUl be dt n R-1, singl -f mily v ral p opl into a h, arbag , noi requir nts or this 1 n R-1-C,ain l -family raid nc thr famili a, nd th y hould d. • I • • Minutes Board of Adjustment and Appeals Page 11 • • • income property, they might be happier without it. She stated that she was worried about the fire safety with the things that are wrong in the house. There are families with children living there, and it is dangerous. Mr. Ferguson voted "no" because it is the responsibility of the owner of the property to bring a house up to Code and to keep it up to Code. It is an R-1-C district. There are larger houses that are one-family. The owners would be better off, according to their own words, if they sold the property. Allowing three-families into a single-family neighborhood will create a variation in the density. Chairman Seymour voted "no" even though the owners'nave a hardship. They do not meet any of the six requirements necessary to grant a variance. Three families in one house are too much for the neighborhood. Mr. Kreiling asked the staff if the tamily could live there--the grandfather, mother and the daughter. Mrs. Romans responded that they could live there as a family, but could have only one kitchen. The extra kitchens must be removed. BOARD MEMBER KREILING MOVED THAT THE APPLICANT BE GIVEN 90 DAYS TO CONVERT THE THREE-FAMILY UNIT TO SINGLE-FAMILY. Virginia Dawson seconded the motion. The members voted unanimously in favor of the motion, and the Chairman ruled that the motion was PASSED. Mr • Romans suggested that the applicants could come into the Planning Divi ion and th y could work with the Planning staff to ee what could be done to ease the conversion to a singl -f mily residence. Mr. Pittm n, the Chief Buildin Inspector, would lso h lp. Mrs. Tunst 11 ask d wh at the proce s is to report th oth r people who re renting multi-family units. Chairman ymour told her th t sh could r port th violations t th Building Depart nt. • • • • • • • • • • Mrs . Ro o! th c h th matter o f stat d th d that the Bo rd have ny public d nior citiz n c Mrs . ddr a d. n1 b in n urt r bu 1 in w dj urn d at 9 :2 P••· I • -• • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION MARCH 8, 1983 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order at 7:00 P. M. by Chairman Milton Senti. Members present: Senti, Stoel, Tanguma, Venard, Allen, Barbre, Becker, Carson, McBrayer Romans, Ex-officio Thomas V. Holland , Assistant City Attorney Susan T. King, Senior Planner II. APPROVAL OF MINUTES. February 23, 1983 Chairman Senti stated that the Minutes of February 23, 1983, were to be considered for approval. Carson moved: Barbre seconded : The Minutes of February 23 , 1983, be approved " written. AYES: Stoel, Tanguma, Venard, Allen, Barbre, Carson, McBrayer, Senti NAYS: None ABSTAIN: Becker ABSENT: None The motion carried. III. BOTT/HOPP REZO. I C. CASE 11-83 R-1-C to R-2 d: Th Public H aring on Ca 11-83 b op ned. A .E , V n rd, All n, Barbr , 8 ck r, Carson, McBray r, <ntl, · YS: • I • • • - -2- topography, being bisected by the City Ditch, a drainage problem, etc ., may preclude developm e nt under the zoning regulations. Mr. Senti asked that the applicants present their case . Mr. Myron Bott 3101 South Downi n g Street -was sworn in, and testified that he resides at 3101 South Downing Street . When he put the land which is the subject of the rezoning application up for sale, it seemed that most of the contractors wh o contacted him indicated that they could not deve lop the property for single-family purposes and come out ahead --the price of the land , materials, and other costs precluded a profit on single- family developments . Mr. Bott stated that he considered the pros and cons of asking for rezoniPg for som time before he made application. He is asking that the zone classification be chang d from R-1-C, Single-family Residence, to R-2, Medium Density Residence. Mr. Bott stated that he wants it understood that whatever development goes in on this land will be some- thing that will not depreciate property values , will be attractiv and up- grade the neighborhood. Mr. Bott stated that he and Mr. Hopp hav canvassed the neighborhood, and some of the residents indicated they were in favor of the proposal, and s ome indicated they were opposed to th e proposed re- zoning. Mr. Allen noted that Mr. Bott h d tated that the land was priced so high a dev leper could not come out on a ingle-f mily development. He asked Mr. Bott to discu~s this furth r. Mr. Bott stat d that he had worked for the gov rnment for 30 years in maint nanc and construction , and knew about the rising cost of materials, wages, 1•tc. }!r. Bolt stated that the homes in this immediatl' are'l ar,, «ell ing from SbO,OOO to $80 ,000 with the majority going for $60,000 to $69 ,000. H tat d that lf someon w re to try to build 11 m·w !>ingle-family hom • they would not h hle to coml' out on it because o th high price of the 1 nd and matPrlalh. He not d that if the d VC>lopcr were a "large r •1ct" d!'v l <'p r, it would be poo; lble to c me out on ingl •-family dcvl'lopmenl'l. Nr. basic r zoning of borhood which (3) th zoning . ppl to • or nt 1 I . • • .. - -3- Hr. HcBrayer stated that if he understood Mr. Batt 's presentation, the justification for the rezoning has got to be that he is being den ied the use of his property because contractors cannot afford to develop the site for single-family purposes at the present price of land and material s . Hr. Victor Hopp -was sworn in and testified that he is affiliated with Victorie Construction , and has been in land development for the last several years. Hr . Hopp stated that plans of the proposed development have been shown to neighbors , and he felt they have a 90 to 95% favorable response to the proposal . Mr. Hopp stated that he felt there have been significant changes in the surrounding area which does have a bearing on the ability to develop single-family residences on this site. He noted that there are some duplexes to the south of the site, and apartments are in the surrounding area. He noted that there are several rentals throughout the area . Mr. Hopp stated that the pro- posal is for the construction of three duplexes, for a total of six units . He stated that the structures have been designed so that they do not look like a duplex. Mr. Hopp stated that it is his intent the development will provide rentals to semi-retired people; he stated that he would not want to b "held to this", but it is the goal of the development. He stated that there will be covenants that tenants would have to abide by, and that h will personally maintain contr 1 of the land and would be responsi- bl for th maintenance of the property . Mr . Hopp stated that if the re- zonin!l requ st is approved, his inv stment in the development will mount to approximat ly $500,000 . Mr. Hopp stated that there would be no on-street parking; g rag s would be constructed on th re r of the sites, with ad- dition 1 p rking r a to the side of the gara Mr. Hopp stated that h f lt the dev lopment will be meeting th n •ds of segment of the popula- tion, nd that tid Is what the Commission nd Council should consider. • to the recommend - comm nt d that th inc the beginning. h h tri d, nd privat 1 m nt to th th t h d d I . • • • -.;- develop a single-family unit on an individual site for under $100 ,000. Mr. McBrayer stated that he would have to disagree with Mr. Hopp on this point; he stated that it appears that Mr. Hopp feel s it is nece ssary to hav trac t-type land to make money in development. Mr. McBrayer agreed that a contractor has to purchase raw land at a reasonable rate, and if the argument is that the price of the land is too high he feels that Mr. Bott has priced him self out of r eac h for developers. Mr. McBrayer stated that he had priced Mr. Bott's property at one time , and h felt that it was over-priced then. Mr . Allen made re fere n ce to the staff report, and not d that th rezoning of the site , if approved, wo uld not c onform to the Co mpr ~he n sive Plan. He asked if Mr . Hopp had a ny q uar rel with this s tatement ? Mr. Hopp sta t ed that he did not. Mr . Allen then a sked Mr. Hopp 1f he felt there was an error in the original zon i ng of th site? Mr. Hopp stated that h did not. Mr. Allen asked if Mr. Hopp felt this area was a "tra nsi t ion ar a" at the presen t time ? 1r . Hopp stated that within a four block radius there is a variety of uses, and estimat e d that there may be as high as 30% rentals in th area. Mr. Hopp further e mph asised the high ra t e of renters in the area, and conunented thal "when yo u have renters, you have deterioration." Mr. Allen noted that ther is single-family deve lopment i n the block to th ~o uth of the site; single-family development in the blocks to th w t and north of th site , and an elementary school is dir ctly aero s the strc t to the ea t. He a ked where the "transition" was taking pl ce? lr . Hopp stated th t h was considering further than a one-block radius of the subj ct site. lr. Allen k d if Mr. Uopp f lt the prop rty owner was b ing d nied th us of th 1 nd bee us of th pr nt zoning? Mr . Hopp sl t d that he could not "" ak for the prop rty owner. if it w uld b p rmi ibl for th Co mmis ion to vi w th with him. lr . Senti st ted that h would lik to vi w • I . • • • -5- properties, and they all have good layouts in the development plan. M~. Senti inquired if anyone else wished to speak i n favor of the proposed rezoning? No member of the audience spoke in favor. Mr. Senti then noted that seve~al persons had signed in indicating they wished to speak in opposition. Ms. Kathleen Reynolds 3142 South Corona Street -was sworn in, and testified that she has lived at that address fo~ 17 years. Ms. Reynolds stated that she has talked to Mr. Bot t and M.r. Hopp, and thei~ plans are beautiful. However, as a homeowner and as a neighbor of the proposed development, she wants to see the site remain zoned for single-family units. Ms. Reynolds stated that this is a nice neighborhood, and it is a nice place to live. Ms. Reynolds stated that she had talked to her neighbors, and a majority of them have signed a petition in opposition to the rezoning. Ms. Reynolds read the petition requesting denial of the rezoning request, and submitted the petition to the Sec~etary for the record. Ms. Mary Duran 3151 South Corona Str et -was s worn in, and testified that she purchased her hom in Lhis neighborhood 16 or 17 years ago, and wants to retire in this area. Mrs. Duran stated that she want to s e th n ighbo~hood remain a single-family neighborhood. Ms. Linda Densm r 1290 East Dartmouth Av nu th D part nt Ms. in oppo D n sm r r. Ronald 1290 E y Pit h ord P rtm uth Av - w s10orn in the n 1 hborhood. had an d- • • ( • • .. -6- there co uld be as many as seven duplexes developed in the area that is to be rezoned, and he feels this would bring the neighborhood down. Mr. Pitchford asked that the property not be rezoned. Mr. L. E. Mcintosh 3195 South Ogden Street -was sworn in, and stated that he has lived in this area since December 27, 1950. Mr. Mcintosh stated that there is a double just to the south of his property , and that h doesn't know how it got there, but it has been nothing but a headache to the other property owners . He noted that "renters don't care about maintaining th property ; they don't take care of their trash ; they don't shov 1 the sidewalks." He asked how many blocks they were taking for the R-2 Zone. Mrs. Romans discussed a resolution adopted by the City , setting forth guide- lin s and policie for rezonings , including the fact that less than one square block would not be considered for r zoning, and that the rezoning s hould alRo be contiguo us to like or compatible zoning . Mr. lclntosh asked if rezoning could be requested in his area? Mrs. Romans s aced that if som one wanted to apply for rezoning in Mr. Mcintosh 's area, it would b considered . Mr. R. E. Schreiner 3167 South Corona Street -was sworn in , and testified that he wants to keep this area for single-f mily r sidential; th re ar too many renters in this area, and it would be better for th community if th rezoning wer not approved. Mr. Rod Guilford 3150 South Corona Str et -was sworn in and t stified that he talk d to th M ssrs. Hopp and Bot , and ac the tim of hi m, h h d no opposition to he proposed rezoning. t upon further con sid r tion, how v r, h fe ls doe not think thi is th prop r r a for a Mr. Guilford tated th t h fe R-2 zoning Th id ntial did not r a. rnd ne I . ( • • • -7- that ~lr. Hopp had stated that there is rental property in the area. She noted that there are apartment buildings four or five blocks away, and feels that the area has plenty of rental property available at the present time. This proposal would bring the rental property from the periphery of the ne i ghborhood into the heart of the neighborhood. Hr. Bob Boardman 4831 South Clarkson Street -was sworn in, and stated that he is present as a representative of the Englewood School Board. Hr. Boardman stated that the School Board is not opposed to resi- dential construction in the City of Englewood, but it was the unanimous consensus of the School Board that they would like to maintain the integrity of the single-family neighborhoods in the City. The School Board would like to attract families with more children to the school system. For these reasons, the School Board is opposed to the rezoning request. Ms. Ruth Slack 3124 South Downing Street -was sworn in and testified that she is opposed to the rezoning request. She stated that she lives directly across the street from the site, and has lived there since 1962. ~ls. Slack submitted petitions that she has circulated in opposition to the rezoning. Mr. Senti asked if there was anyone else who wished to speak in opposition? No one else in the audience spoke in opposition. Mr. Senti then asked the applicants if they would like tim for rebuttal? Mr. Batt stated that he had nothing further to add. Mr. Senti sked if th r w r question from th Commission? All n moved: T nguma s cond d: Th Public Hear ing on C s 11-83 be closed. AYES: AYS: Venard, All n, Barbr , B ck r, C r on, McBrayer, S nti, Sto 1, T ngum None Th motion c rri d. B ckt!r II v d: Car on cond d: Th r qu at fil bv ch n 0 ron cla 1flca t n atlv R-2, diu D neity R id nc . for ons: 1. Th r z nlng would not confora to h C apr h naiv Pl 2. Proo h • und 1 h n prt nt d th th prop rty c nnot be d v lop d r nlng. d, w uld " po zonin " hich ia contrary 1 z in o t d I • • • • • -8- b) Significant changes have occurred i n the area which would render another zone classi fication more applicable; c) The owner has been denied the use of his land under the pres e nt zoning. Mr. Senti a sked if there was d iscussion on the motion. Mr . McB raye r stated that while he i s sure the applicants have good intentions in filing the rezoning request, the only reason put forth to substantiate the request was the amount of profit to be made from development; he stated he d i d not feel this was a valid reason for rezoning. Mrs. Becker stated that she is in favor of development in the City, but does want to see development in compliance with the Comprehensive Plan. Mrs . Becker fur t her pointed out that there is no guarantee the plan presented to the residents of the area a nd to the Commission is actually what would be b uilt. Mr . Senti asked if there was further discussion. The vo te on the motion: AYES: Allen, Barbre, Becker, Carson, McBrayer, Senti, Steel, Tanguma, Ve nard NAYS : No ne The Chairman ruled that the mot ion carried. Mr. S nti stat d the rezoning request would not b r f rr d to th City Council wi h a favor ble recommendation. IV . _5WEDIS.!_i/COR.flNA_ COOPERATI~ Parkin Lo Layout Mr. S nti st t d th t the matter befor th Commission 1 of parking lot layout for th Sw di h/Corona Coop rativ Mr. S nti sk d if r pr ntatives of Sw dish/Corona Coop r dy to mak a pr ntation . CASE #5 -83 con id ration development. r tiv w r . H 1 n Bruah, Ch irman of th Bo rd of Director• of th Sw diah/Corona oop r t1v , lntrodu d Hr. J ff Ambro rchit ct, and atat d th r. Ambro would b ma. in th pr ntation. p r In lot, I . ( • • • - -9- Mrs. Becker asked clarification of the affiliation with Swedish Medical Center. Ms. Brush stated that Swedish Medical Center and a consumer group known as Corona Cooperative are supporters of this project. Ms. Brush stated that Swedish Medical Center will have representatives on the Board of Directors , but will not be in control of the project. Ms. Becker asked about the landscaping? Mr . Ambrose asked Ms. Ries to discuss the landscaping plan as displayed for the Commission. It was noted that Colorado Spruce are proposed to be planted along the south side of the parking lot, and that the height of these trees at time of planting will be six to eight feet; height at maturity would be 20 feet. Ms. Ries pointed out that an irrigation system is included with the land- scaping plan. Ms. Becker asked if there was any guarantee that the landscaping will be planted as it is shown, commenting that several times in the past Swedish Medical Center has brought in plans that have not been followed as far as planting and maintenance is concerned . Ms. Brush stated that the land- scaping of the parking lot is in the budget, and that the Board of Directors is in control of the development; the majority of the members on the Board will not be representatives of Swedish Medical Center. Ms. Brush stated that she expects to live in this complex, and sh plans to see that the landscaping is planted as proposed. Mr. McBrayer stated that he is encouraged to see that Ms. Ries is the land- scape architect. He a ked who would maintain the landscaping? M . Brush stat d that the Board of Dir ctor will be in control of the management nd maint nanc of the total project. Ms. Brush stated that it is possible th t the Board may d cide to hire some of the M dical Center personnel, but mphasized that thi proj ct is not under the control of Swedish Medical C nt r. Mr. McBrayer t ted that he felt Swedish Medical Center has had a ch nee to b th "fl gship of Englewood" on gre nery and 1 ndscaping, nd h f la that Sw dish h a failed in this regard. H stat d that in hi opinion , th 1 ndscaping plans th t ar pr sented for the Swedish M dical C n r p rking lot ar not what i actu lly in tall d. Mr. S nt 1 th n d: d: Th p w dl pr h l t. p rking spaces p r unit wa Mr. bro e tat d that th y do nt for th eld rly citiz n d v lop- Adju ta nt and App ala did con- • Bru h noted that for aubaidiz d p rkina ratio ia low r y t. r qu tion from th C mmi sion? Mr. Co I aion? r in lot layout and l pl for th h/Cor na Coop rativ d nt b pprov d nt d. w uld r th t th rol t pro bly h auf- I . • • • -10- Ms. Becker noted that she will be watching this project very closely as it develops, especially in relation to the landscaping . Assistant City Attorney Holland suggested that Ms . Brush and Ms . Ries be requested to leave the colored parking layout/landscaping plan which has been exhibited for the record. The vote was called : AYES: NAYS: Barbre, Becker, Carson , McBrayer, Senti , Stoel , Tanguma , Venard, Allen None The motion carried. * * * * * * * * Mr. Carson suggested that Agenda Item IX , Director 's Choice , be moved forward on the agenda for consideration at this time . Chairman Senti so ordered. Mrs. Romans stated that th staff ha received two requests for changes Mrs. Romans noted that both of the requests deal with nd noted that on of the requests cone rns privat str Wat rford D v lopment. Ms. Kathle n Gabriella, Marketing Waterford, i pres nt t the meeting. d v lopm n of th L rwin/Waterford site, and nc pl n w s approv d through approval of a s ub- roadways within thi total site are privat , and City, nor ar th • maintained by the City. The ast Gir rd Av nu through the d v lopment r qu st. point of ntry at South Gilpin Waterford Driv . Mr s . Romans to 111 ht I . - ( • • • • -11- inasmuch as the streets do not extend into Kent Village. Ms. Romans stated that only Kimberly Village and Kimberly Woods developments would be affected. Mrs. Romans pointed out that the access to Kimberly Village and Kimberly Woods is across the Waterford property. Mr. Tanguma asked if Prowswood could stop the traffic going to Kimberly Woods and Kimberly Village, inas- much as the accessways are privately owned? Mr. Steel stated that he would think not, that a precedent has been set and they have used the right-of- way for som~ time. Ms. Gabriella stated that they have tried to acquire Kimberly Village with the intent of fixing the complex up; she noted that it is in need of repainting and considerable maintenance. So far, the offers to acquire have been unsuccessful. She noted that Kimberly Woods is better maintained. Carson moved: Barbre seconded: The Planning Commission recommend to City Council that the following street name changes be approved within The Waterford development: l) East Girard Avenue and East Girard Place to be changed to Waterford Parkway. 2) South Gilpin Street at the point of entry off of U. S. 285 be changed to Waterford Drive. Mrs. Romans stated that the staff has reveiw d the Municipal Code and can- not find anything setting forth the prop r procedure for naming private roadways . Hrs. Romans stated that in the past in considering public str et nam chang requ st , if the proposed na did not fit in with the Uniform Str t Name Program, the Planning Commis ion considered the request and ref rred the matter to City Council. Hrs. Romans asked Attorney Holland if , sine this wa a private access, wh th r this procedure would hav to be follow d? Hr. Holland stated that he felt th procedure us d for stre t n changes on public streets would be correct, and he would review this through the State Statutes. Hrs. B cker stated th t th r quest for th str et na logic 1. chang do a s m Th vot waa call d: AY S: C raon, HcBr y r, S nti, Stoel, T n uma, V n rd, All n, Barbr , B c:k r YS: on Th action carried. ra. Roaana diac:ua d a tour o Th W t rford, 11 d b n augg at d; ho v r, th City Council c uld do th t ur on th 29th of March. H . Cabri vailabl 29th of rch, bu th t ond t th tour. 01 c:u al n Th tour o Th r A ril 12 at ~:00 P. K. * • • • * • t I • • • • -12- Mrs. Romans stated that the second request for a s treet name on a private roadway is in Cottonwood Village, a subdivision that was recently approved by the City. This s ubdivision is north of West Quincy Avenue and west of South Huron Stree t . The private roadway in this s ubdivision serves two single-family building sites, and has a cul-de-sac at the north end. The developers of these two building sites want street identification other than West Quincy Avenue, and want to designate this private roadway as "Cottonwood Lane." Mrs. Romans stated that in reviewing the telephone directory, there appear to be quite a few "Cottonwood Lanes" designated, and the possible designation of "Cottonwood Way" has been discussed with the developers. Construction of the one dwelling unit has begun, and the developers would like to have the matter of street designation determined as soon as possible. Mrs. Romans stated that this is a private roadway, and she sees no problem in deviating from the Uniform Street Name Program, with the understanding that the City would not be responsible for making up the street name signs. ~Irs. Romans stated that the staff does recom- mend that this private roadway in Cottonwood Village Subdivision be designated as "Cottonwood Way." Carson moved: Becker seconded: The Planning Commission recommend to City Council the private roadway in Cottonwood Village Subdivision be designated as Cottonwood Way. AYES: Senti , Steel, Tanguma , Venard, Allen, Barbre, Becker, Carson NAYS: None ABSTAIN: McBrayer Th motion carried. Mr. McBrayer stated that he ab t ined on this matter because he is the d veloper of the two sites in Cottonwood Village. Mr • Romans stated that the matter would b referred to the City Council wh n n opinion i received from Mr. Holland conf irming that this is th prop r procedur • * * * * * * * * * * Hra. Romans stat d th t th APA Nation 1 Confer nc is April 16 through ttl , Wa hington. Sh a ug a t d that perh p mbers of '· sho uld iv s thought to a r pr a nt tive to thi s would lik nd to Council th t H CAS 13-83 th Flndln 1 o F ct on th Sp ncar'• Landin to b c n1id r d or pprov l • • t - I • • Carson moved: Tanguma seconded: • • - -13- The Planning Commission approve the Findings of Fact on Spencer's Landing, Case 1/3 -83, as written. AYES: Senti, Stoel, Tanguma, Venard, Allen, Barbre, Carson , McBrayer NAYS: None ABSTAIN: Becker The motion carried. VI. LANDSCAPING ORDINANCE Assistant City Attorney Holland led discussion on the proposed Landscaping Requirements Ordinance, and noted changes that have been made from the initial drafts of the proposed ordinance. Mr. Holland noted that the Planning Commission prepared the initial draft s of the Ordinance , and thaL he has reviewed these drafts. Mr . Holland noted that a statement has been included to j usti fy the exclusion of the R-1 Zone Districts from the requirements of the Landscaping Ordinance . A definition of landscaping has been added to clarify what is meant by the term "landscaping." Mr. Holl nd discussed other facets of the proposed ordinance, including area of the lot to be landscaped, implementation of landscaping requirements, etc. Mr. Holland stated that he did not notice that the proposed ordinance had a method of review written into the regulations, and questioned how th r view of landscaping plans would be accomplished. Mrs. Romans stated th landscaping plans would be approved by the Planning staff and the Parks and Recre tion staff , and would be don along with the consideration of the Building Permit. Mr. Holland continued his review of the proposed Land caping R quirement r gul tions , nd noted that 1 ndscaping must be consistent with the City tre ordinanc , nd that a recommended planting guide is to b prepared. Mr. Rom ns stat d that a pr liminary copy of the Planting Guid is b fore th Commi sion this v ning. ha a provi ion wher by d -i v rv pro rdinan rcy r. All n a tat d h h 1 d lO th ntir pro d rdtn , bu • n, I . ( • • • -14- stated that if the land scaping is to be required of some developers and property owners it should apply to e verybody --R-1 developers and property owners as well as business and indu strial property owners. ·Mr. Stoel referred to Mr. Holland's question on determining compliance with the landscaping requirements; he asked what the present procedure is. Mrs. Romans stated that Senior Planner King is the design specialist on the staff, and that she has been reviewing plans at the present time, and it is proposed that she would continue to do so. Ms. King stated that she felt the procedure would continue to be functional; there is a City Forrester on the staff who is willing to work with the Planning Staff on landscaping matters, and Ms. King stated that she felt the present pro- cedure works and will work very well. Mr. McBrayer expressed concern with #5 on Page 6. He stated that he feels this excludes the Downtown District from having to comply with landscaping provisions. Discussion ensued. Mrs . Romans stated that this section does not "exclude" the Downtown Development District. Mr. McBrayer stated that he does realize the proposed ordinance is very broad and general in scope; he j ust wants to be sure that the requirement of land scaping in the Down- Development District is "flagged ." Mr. McBrayer addressed the Public Fin Arts and Lan dscaping Fund that is proposed. He stated that he felt th intent was that if e xtensive rernod ling is done on existing property th t is built to the property line, with no room for landscaping, in lieu of the landscaping they may contribute 1% of the value of the construction to this fund. This fund would provide landscaping and works of art in public areas. Mrs. Becker stated that she understood this to b th in- tent ~f the Public Fine Arts and Landscaping Fund, also. Mr. Tanguma stated that he also understood this to b th intent , but that he i op- po ed to the provision. Mr. Stoel pointed out that if a vacant pi ce of 1 nd is required to install the land b ing penaliz d if th per- son redeveloping or remod ling prop rty do not hav to provid 1 nd- caping or contribute to th fund. Mr. T n uma stat d that h did not f 1 it was fair to the property own r along South Bro dway, p cifically. Mr. All l to to r a on mo t peopl thu ah did not nt o a IZ • • • • . . • -14- stated that i f the l and scapi ng is to be require d of some developers and property owners it should apply to everybody --R-1 developers and property owners as well as business and industrial property owners. Mr. Stoel referred to Mr . Holland's question on determining compliance with the landscaping requirements; he asked what the present procedure is. Mrs . Romans stated that Senior Planner King is the design specialist on the staff, and that she has been reviewing plans at the present time, and it is proposed that she would continue to do so. Ms . King stated that she felt the procedure would continue to be functional; there is a City Forrester on the staff who is willing to work with the Planning Staff on landscaping matters, and Ms. King stated that she felt the present pro- cedure works and will work very well. Mr. McBrayer expressed concern with #S on Page 6. He stated that he feel s this excludes the Downtown District from having to comply with landscaping provisions. Di s cussion ensued. Mr s . Romans stated that this section does not "exclude" the Downtown Development District. Mr. McBrayer stated that he does realize the proposed ordinance is very broad and general in scope; he j ust wants to be s ure that the requirement of landscaping in the Down- Development District is "flagged." Mr. McBrayer addressed the Public Fine Art s and La ndscaping Fund that is proposed. He s tated that he felt the inten t wa s that if extensive remod ling is done on existing property that is built to the property line, with no room for landscaping, in lieu of t he land scaping they may contribute 1% of the value of the construction to this fund. This fund would provide landscaping and works of art in public areas. Mrs. Becker s tated that s he understood this to be the in- tent ~f t h Publ ic Fine Arts and Land scap i ng Fund, also. Mr. Tanguma stated th t he al o understood this to be the i ntent, but that he is op- posed to th provision. Mr. Stoel point d out that if a person deve loping a vacant piece of land i d to in t 11 th landscaping, he i b ing penalized if the per- loping or remod ling prop rty doe not ha v to provide laud- or contribute to th fund. Mr. Ta nguma s tated that h did no t wa fair to the prop rty own r s along So uth Broadway, specifically. d that h did not reas, and th n ar to th a ub j l th t th r qir n of a 1% do- District ", is in conflict with th Hr. Hnll d ata d th t h did not ttY •u h th ora th pu lie h rin& dat ? • tt • word in p rh p C .. 1 ai n w nt d, lt w 1 d t rain d I • • • • -15- McBrayer moved Stoel second ed: A Public Hear ing on t he proposed Landscaping Requirement Ordin ance be scheduled for April 5, 1983. AYES: Stoel, Tanguma, Ve nard, Allen, Barbre, Becker, Carson, McBrayer, Senti NAYS : None The mo tion carried. Mrs. Becker asked Mr. McBrayer to elaborate on his s uggested reword i ng or amendment of the sec tion on the Public Fine Art s and Landscaping Fund . Mr. McBrayer stated that his s uggestion is a statemen t that: "Thi s fund shall be us ed for the land scaping of p ub lic areas and the installation of art work on public propert y as near the subject property as possible. The fund shall be administered by the Department of Parks and Recreation." VII. PUBLI C FORUM. It was noted that Mrs. Bernice Sent i wa s the only person i n the audience. She did no t wish to address the Co mm ission. Mr. Holland requested more direction from the Co mmission on the proposed landscaping ordinance; h staled that with the permission of the Planning Commission, he would try to make it a little clearer i n some areas wher e there seems to be some confusion on the wording. Mr. Senti stated th t th the APA Confercnc in S interested to in attending. Mr. McBr y tended the APA Conf r nc Mr. T ngum r it r t~d hi Co rnm i sion should d signate a member to attend ttle Wa hin gton . He a ked for members wh o were Mr • B cker rated that he is very interested r stated that h is intere t d, but that he at- last ye r in Dalla , T xas. Council to provld funding for th funding for two Commla ion r pr a ted th t tim th t con- th budget w a drafted; thi w not Director of Community D v lopm nt Su f r nc . Hr. C reno Engl wood M mb rs o ck b deal n t d to r pre nt th th APA Conf r nc in S attl , Washingt n. concurr d. Hr • 8 k r tat d th t h w uld ub•i report on h r trip. * • * * • Hr. St l d h th r th r z nina h d aott n to t • I • • • • -16- Planning Commission for a public hearing when it was so apparent that they did not meet any of the criteria for a rezon ing. He asked if the staff advised applicants at all. Mr s . Romans sta ted that she has tried to be very clear in discussions with rezoning applicants as to whether the crite r ia for rezoning is complied with i n their proposed application; she noted tha t if applicants want to proceed after the staff discussion and pay the rezoning fee, that is their prerogative . * * * * * Mr. Tanguma inqu ired as to the progress on the Promotion al Brochure ? Mrs . Romans stated that she does know that Ms. Powers has discu ssed this with Public Relations Special ist Dalquist, and that some progress is ex- pected very shortly. * * * * * Mrs. Romans stated that the proposed Planting Guideline was developed with the assistance of the City Forrester and Planning Intern Jeff Stiles. The secretary to the Planning Division, Sheryl Rousses, is responsible for the typing and graphic work in the brochure. Mrs. Romans suggested that the Commission review the land scaping and planting materials listed in the brochure; changes can be made if the Commission so desires. Mrs. Romans stated that she would like to see the brochure published in color. * * * * * Mrs. Becker stated that she r ally appreciated a representative of the School Board attending the public hearing this eve ning. She stated that sh has done an internship in Bennett, and realizes just how important it is for the school board to know what is going on. * * * * * Mrs. Becker disc u ssed a statem nt by a gentleman who lives in Denver that he can tell the boundary betw en Denver and Englewood by the trash, junk cars , etc. th t i allowed on Englewood properties. Trailer are llow d to be park din front of hom tc., all of which this gentleman f 1 d tract from a pl sing stmospher • Mrs. Becker a ked if there ie nything that c n b don to ch ng thi ima She tated that sh won- der d if part of th probl m might b City-fund d trash r mov 1 progrsm, nd that r aid nts who for their own t r sh r mov 1 don't want to p y too much ln f pick-ups les oft n th n may b n ded. Di cussion en u d. Mr. McBr y r ugg It d that p rh ps a comp ny auch a CDI could b hir d ch p r to do th ntir city by th City th n on an individual basi Mr th pur ar a lot of old car n ral tra1h r v 1-cl an up 11 nd d to City Council. around. Sh 1ugg at d om thing that can b riou1ly con 1id r a tra h rch and draft a propo d ordi- it 11 th r 1pon1ib ility o ia th reapon1ibility o • I • • • .. • -17- It was the consensus of the Commission that Mr. Allen should proceed to draft a trash removal ordinance for their consideration. Mr. Senti thanked members for their cooperation during the meeting, and declared the meeting adjourned at 9:35 P. M. • I . - , r • • • • • • -18- MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: March 8, 1983 SUBJECT: Street Name Change RECOMMENDATION: Carson moved: Barbre seconded: The Planning Commission recommend to City Council that the following street name changes be approved within The Waterford development: 1) East Girard Avenue and East Girard Place to be changed to Waterford Parkway. 2) South Gilpin Street at the point of entry off of U. S. 285 be changed to Waterford Drive. AYES: Carson, McBrayer, Senti, Sto 1, Tanguma, Venard, Allen, Barbre, Becker NAYS: Non The motion carri d. By Order of th City Planning and Zoning C sa ion - I • • ( • • • • -19- MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: SUBJECT: RECOMMENDATION: Carson moved: Becker seconded: March 8, 1983 Street Name Change The Planning Commission recommend to City Council the private roadway in Cottonwood Village Subdivision be designated as Cottonwood Way. AYES: Senti, Steel, Tanguma, Ve nard, Allen, Barbre, Becker, Carson NAYS: None ABSTAIN: McBrayer The motion carried. By Order of the City Planning and Zoning Commission . I • • • • • C 0 U N C I L C 0 M M U N I C A T I n N DATE March 30, 1983 AGENDA ITEM SUBJECT House Bill 1243 INITIATED BY The Englewood Water and Sewer Board ACTION PROPOSED ______ ~T~o~h~a~v~e~t~h~e_C~i~t~y~A~t~t~o~rn~e~y~p~re~p~a~r~e~a~r~es~o~l~u~t~io~n~o~n ____ ___ Englewood's position on House Bill 1243 INTRODUCTION The purpose of House Bill 1243 is to amend procedures for enforcement of drinking water standards and regulations to provide an administrative hearin q process for the Department of Health. Powers granted to the Health Department in the proposed bill, put utilities, such as Englewood's, at a totally unfair disadvantage when deal ing with the Department of Health by giving the department the administrative power to levy fines and pass quasi-judicial judgements. The tendency of executive agencies to take upon themselves quasi-judicial powers is unsettling to those subject to their regulatory powers. The bills objective should be to protect the quality of drinking water and maintain the constitutional right to redress grievenances before an impartial court of law. ACTIO PROPOSED To dir c t City Attorn y to pr par a r solution stating Engl wood's position on Hous Bill 1243, and notify appropriat a ncies and/or govern ntal entt i es of Engl d's position on Hous Bill 1243. • I . • • • RESO~UTION NO. 16 SERIES OF 1983 ____ __ 71 A RESO~UTION OPPOSING HOUSE BI~~ 1243. WHEREAS, the citizens of the City of Englewood own and operate a water system; and WHEREAS, the City of Englewood has operated the system in accordance with state standards and requirements; and WHEREAS, the City endorses legislation that protects and insures the quality of drinking water; and WHEREAS, the City takes upon itself the responsibility of insuring that its citizens receive water of the high~st quality; and WHEREAS, proposed House Bill 1243 usurps the authority of the City to continue to provide this high quality of water by allowing the State Health Department to control the body that would determine if the City is meeting appropriate standards; and WHEREAS, a court of law is uniquely suited to determine the issues of whether or not a city is meeting the standards imposed by the legislature; and WHEREAS, should proposed House Bill 1243 makes political the decisions relating to good water standards and the enforcement thereof; NOW, THEREFORE, BE IT RESOLVED BY TH! CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: That the City of Englewood and its citizens are opposed to House Bill 1243 and request its elected officials, including its State Senator, Representatives, and Governor, to defeat this me asure. ADOPTED AN D APPROV D this 4th day o f Apri l, 1 983. Attest• ex olllclo ~lty Clerk-Treasurer I, Gary R. Higb e, ex of lclo Clty Cle rk-Treasur er of th City of ngle woo d, Colorado, herebr certify the above is a true, accurate and complete copy of eso utlon No. _____ , Series of 19 • • • • RESOLUT I ON NO, 16 SERIES OF 1983 ____ __ 71 A RESOLUTION OPPOSING HOUSE BILL 1243, WHEREAS, the citizens of the City of Englewood own and operate a water system; and WHEREAS, the City of Englewood has operated the system i n accordance with state standards and requirements; and WHEREAS, the City endorses legislation that protects and insures the quality of drinking water; and WHEREAS, the City takes upon itself the responsibility of insuring that its citizens receive water of the highest quality; and WHEREAS, proposed House Bill 1243 usurps the authority of the City to continue to provide this high quality of water by allowing the State Health Department to control the body that would determine if the City is meeting appropriate standards; and WHEREAS, a court of law is uniquely suited to determine the issues of whether or not a city is meeting the standards i mp osed by t he l e gisl ature; and WHEREAS, should proposed House Bill 1243 makes politica l the d ecis ions relating to good water standards and the enforcement t he re o f; NOW, THEREFORE, BE IT RESOLVED BY 'rHE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Th at the City of Englewood and ita citizens are opposed t o Hous e Bill 124 3 and request ita elected officials, i ncluding ita S tate S e n at o r, Representatives, and Govern o r, to defeat t his measu r e . ADOPTED AN D APPR OVED this 4 th day of Ap ril , 198 3 . Attest: Eugene L. Ot is, H•yor ew olllcfo City Clerk-r e•surer I, ary • Hlgb , x officio City Clerk-Tre•sur r of t c ty of ngle wood, Color•do, he rebr c e rtify th e •bov e 1a • tru cc r•te nd complete copy of e so utlon o. _____ , S er ies of l Guy I • -• • • RESOLUTION NO. 16 SERIES OF 1983 ____ _ 71 A RESOLUTION OPPOSING HOUSE BILL 1243. WHEREAS, the citizens of the City of Englewood own and operate a water system; and WHEREAS, the City of Englewood has operated the system in accordance with state standards and requirements; and WHEREAS, the City endorses legislation that protects and insures the quality of drinking water; and WHEREAS, the City takes upon itself the responsibility of insuring that its citizens receive water of the highest quality; and WHEREAS, proposed House Bill 1243 usurps the authority of the City to continue to provide this high quality of water by allowing the State Health Department to control the body that would determine if the City is meeting appropriate standards; and WHEREAS, a court of law is uniquely suited to determine the issues of whether or not a city is meeting the standards imposed by the legisla ture; and WHEREAS, should proposed House Bill 1243 makes political the decisions relating to good water standards and the enforcement thereof; NOW, THEREFORE, BE IT RESOLVED BY ·rHE CITY COUNCIL OP THE CITY OP ENGLEWOOD, COLORADO: That the City of En9lewood and ita citizens are opposed to Hou e Bill 1243 and request ita elected officials, including its State Senator, Representatives, and Governor, to defeat this measure. ADOPTED AND APPROVED this 4th day of April, 1983. Attest: Eugene L. Otis, Mayor ex olllclo city Clerk-Treasurer I, Gary R. Hi9 e, ex officio City Cl rk-Tre surer of th C ty of nqlewood, Colorado, hereby certify the above is a true, ace rate nd complete copy of esolution No. _____ , Series of 1983. I • • , • C 0 U N C I L DATE March 30, 1983 • • ,. • C 0 M M U N I C A T I 0 N AGENDA ITEM SUBJECT ~b License Agreement for an area light fo r Dr. Ohlson INITIATED BY Dr. Ohlson and Englewood Water and Sewer Board ACTION PROPOSED ____ ~A~P~owro~v~e_L~lu·c~e~ns~e~A~grweue~m~enwt~f~or~awn~arue~a~ll~·gwh~t~oan~C~it~v~---- Property per Or. Ohlson's regye st INTRODUCTION Dr. Ohlson has requested permission for Public Service to install an area light on City property south of County Line Road near Mclellan Reservoir. Dr. Ohlson is requ sting a license agr em nt from the City being that his access road goes through City property. FUiANCIAL DETAILS The light is to be installed by Public Serv1c . Installation, intenance and operating expenses are to b incurred by Dr. Ohlson. T license agre nt was drawn up by the City Attorney . RECOMMENDATIO N The Engl ood Water and Sewer Board rec nds that Council approve the license agreement with Dr. Ohlson for the construction of an area ligh on City property where h h s an ac cess as nt. • • • • - LICEN SE AG R EE ~E N T THIS LlC~N S~ AGR£EMENT, made this day of 1983, between t he CITY OF ENGLEW OOD , a mu n icipal corpo~r~a~t~l~o-n~-o7f~the State of Co o r a d o, here i n referr ed to as •c i ty•, and DR. ROBER T OHLSON , her~in refe rred to a s "Licensee". Th e t erm "Lic e ns e e " shall include em p lo yees, agents and contrac t o r s o( Licensee. Th e t erm "p r o p e r ty " as us ed herein r efers to real pr o per t y ar'ld incluclw; easements, rights n( way, and ot her City int e r~s t s in land "' u '""Y .;n mcLimes be ref~rreu to herein as "City pr operty ". Th e City , by these prese nts , without warranting tit l e or inte r es t, and s u bject to th e covenants herei nafter set for t h , does her e by au thorize the Licen s ee, its successo rs and assigns, t o: Install an area light as shown on attached Exhibit "A". Area light will be ins talled by Public Service Company. l. Licensee, at least fifteen (15) da ys prior t o t he p r oposed date for commencement of the work he reby author ized, shall submit to the City for its approval a duplic ate aet o f f inal detailed plans of the installation Licen ee proposea t o c onstruct, utilize, modify, r pair, replac , or maintain hereunder. No construction will be permitted on the 11censed premiaes u ntil th City has appro ed the plans ther (or. 2. License h ll not y the C ty at least three (3) wor 1ng days prior to comm ncement of the construction of , aodificati ons or repair to Licensee's lnstallation that t he City may make uch insp ction 1t de ms neces ary. ln the e vent of emergency repair r qu red for afety or r st ration of s ervice t o utility customers, Li cen shall not be requir d to fu rn ish no t ice pr or to commencin~ said repairs, but hall n tify the Ci ty of the nature and extent of dny uch ~~•r ency rk . 3. make ua • • • • not to interfere with any such City use and to remove the inst allatir.n of licen see when necessary or convenient for the City, its succHssnrs or assigns. 4. Licensee shall complete its installation, clear the area of a ll construction debris and restore the area to its preexisting condition wit hin thirty (30) days fr om the date of commencement of construction . In the event clearing and restoration of the area is not completed within the time specified, the City may complete the work at the sole expense of Licensee. 5 . Al l City roads and fencing which are disturbed by the construction o f Licens ee's installation shall, within the time prescribed tn parag raph 4 here o f, be r~stored to a conditi on satislc~cLory tn the City. City roads and fe nciny disturbHd by th~ recr.n;;LrucLI··.,,, maintcndnc~, 1nouificatinn, o peration, r~p ,Jir or replacement of Licensee's f acilities shall im111 ediately be restor l:!d by Licensee tn a condition satisfactory to the City. Restoration of rnads shdll include, but is not limited to , resurfacing when deemed necessary by the City . If restoration is not accomplishe d by Licensee within the time ~pe cified, the City , at its election, may perform such r~storatinn at Licensae 's expense. Licensee shall conducL all construction , modificdtion, operation , repair, replacement nd maintenance of its instdllation s in such a manner that the City , at all times, shall have full and complete access to its prnperty. 6. Llcensee shall not trim or cut do wn any trees, shrub s, or brush on City's property without permis ion of City. Whe n requ ired by City, Licensee, at its exp nse, shall trim or cut down trees, sh ru bs or brush nd remove nd di pose of the cutting debr to the satisfact on of C1ty. 7. All trench s and excavat ons w th1n City property shall b backfilled in the follo win9 ~anner: the trench or excavati on sh 11 b bac f1ll d to the or gin 1 ground line using only suitab e soft earth material. •rhe backfill mat rial shall be deposited in lay r not to exc ed elght (8) nches loos measure for the full width of the trench. L yer h ll be brought up uniformly and comp cted w1th chanical tamp rs c pable of e xerting a blow at least equiv lent to 250 pound p r ~u r foot, to 90~ of St ndard Proc or Maxl•u D na1ty. Th lsture conten t of the material hal b d J u ted re4uired tn aecur the bov d n ity. The u t of ater u hal be auff cient to obtain the aaxiaua density ap clfied. her 1 tur ia in •xceas of that necessary r pr~p r th L1c•n • hal b required to 9rade, • x o r nth rwl t 1 prop r sture content or h u er 1. u p.ent shall be subJect to th City. n r • re or to nt on bl an to prevent ny ra reaultin9 fro• the • I • • • • construction, modification, replacement, repair, operation and mainten anc e of Licensee's installation. Any repair or replacement of any of tne City's installations on its property made necessary, in thu opln !•.o ' of the City, bec.;ause of the construction, modification, operation, maintenance, repair or replacement of Licensee 's ins tallation, shall be made only by the City and at the sole ex pense of the Licensee. 9. Licensee shall indemnify and save harmless the City, its officers, employees and agents, against any and all claims, damages, actions or causes of action and expense to which it or they may be subjected by reason of Licensee's installation being located within and across the property of the City or by reason of any work done or omission made by Licensee, its agents or emplnyl~e::;, in connection with the construction, operation, modi[ic.;ati•.n , re}Jlacement, maintenance, repair or removal o i Licen.><=a ' s irst a ~lation . If the construction of all or any part of Licensee's installation is to be performed by an independent contractor under contract with the Licensee, the Licensee shall so notify the City and shall incorporate tho stipulations and conditions of this License into the contract specifications, and if required by the City, cause said independent contractor to obtain, prior to couunl.!ncemenL of the work, an insurance policy or policies in amounts and with companies satisfactory to the City, which will protect the City from any loss or damage resulting from the work perf orm ed by the contractor. 10. A 1 work authorized by this License shall be performed by the Licensee at no xp nse to the City and, except as otherwise set forth here n, Licensee shall own and maintain ita installation thereaft r. l. Th r1ghts nd privileges granted in this License are subject t o prior agreements, licenses and conveyances, recorded or unrecorded, and it sh ll be the Lie na e's sole responsibilit y to determ ne the existence of any r1ghta, uses or installations conf 1cting w th the Licensee' use of the City's property hereunder aru to resolve any conflict . the Lie naee do on for pee iod 11 o r refuse to herein granted or ita n ee shall • • • • 13. Upon abandonment of any right or privilege herein granted, the right of Licensee to that extent shall terminate, but its obligatinn to indemnify and save harmless the City, its officers , em~lnyees and agents, shall not terminate in any event. 14. The rights granted Licensee hereunder may not be assigned without the written consent of the City. 15. The City may, at any time, by giving the Licensee thirty (30) days' written notice, terminate this Agreement. 16. Licensee shall comply with all applicable laws and ordinances and all rules, regulations and requirements of any governmental ~uthority promulgated thereunder controlling envirnn1nenL...al ~turH.Iards and conJition:> of the premi:ou:o. lf, a:> a result nf Lhc Licensee's occu~ancy of the premises and its operations hereunder, any such law, orJinance, rule, regulation is violated, Licensee shall protect, save harmleas, defend and indemnify City from and against any penalties, fines, costs and expenses including legal fees and court costs incurred by City, caused by, resulting from or connected with such violation or violations. 17. ~his License is subject to the foregoing conditions and to the following special conditions: IN WI~NESS WHEREOF, this instrument has been executed as of the day and year first above written. CITY OF ENGLEWOOD By ____ ~----~~~--~--------Eugene L. Otia, Mayor ATTEST: ex officio City Clerk-Treaaurer 4 • I . • • • ... C 0 U N C I L C 0 M M U N I C A T I D N DATE March 30, 1983 SUBJECT Easement requests B, C, D, E, F and G from Prowswood, Inc. for the Waterford ro ert IN IT I A TED BY ____ P_r_o_w"'-sw...;o_o_d"'-, ...;I_n"""c_. _a_n_d_t_h...;;e_En"'"'g'-'l..;;;e..;_wo;;_;o...;;d_Wa;;_t;;..;:e-.r_a""'n...;d;._..;;;.Se""'w.;..;e;.;.r_;;_Bo;;_;a;.;.r..;;;d_ ACTION PROPOSED Approval of Easements B, C, D, E, F and G for the Waterford INTRODUCTION The purpose of recording Easements B, C, D, E, F and G is to update our records to include the water transmission mains and sewer collection mains that go through the des cribed property. This will provide the City of Englewood with a recorded easement. Present ly there are no ded icated rfgh s-of-way, necessary for the City to enter, repair and maintain th water and sewer mains on this property. FINANCIAL DETAILS one Th Engl od Wa er and S r Board rec nds Council approv r qu sts 8, C, D. E, F and G fr Pr swood, Inc. or t Wat I • • ( • • • ... GRANT OF WATER LINE EASEMENT THIS GRANT of a water line easement (this •Grant•) is ma de th is -----day of , 19 by THE LAKES SOUTH DEV ELOPMENT COMPANY LIMITED, a Colorado Limited Partnersh ip , (•Gra n tor•) whose address is c/o Prowswood Ltd., 4885 Sout h 900 East, Salt Lake City, Utah 84117, in fav o r o f the CITY OF ENG LE WOOD, COLORADO, (•Grantee•) whose address is 3 400 S outh Elat i Street, Englewood, CO 80110; The parties c ovenant and agree a s follows: 1. Ea sem e nt Propert~. Th e •Ea sement Pro perty• sha ll mean the real property located in th e County of Ara p ahoe, S tate of Colorado, more particularly descri bed on Exhibit A, consis t i ng of f ou r pages, a t t a ched hereto and incor por ated herein by refe rence. 2 . Consid e ration . As consideration for this Grant , Gra nt ee has p aid Gr a ntor the sum o f On e Doll ar ($1 .00) and other goo d and v a luable consideration, th e receipt of which is hereby a cknow ledged by Gra ntor. 3. Grant of Water Line Easement. Grantor here b y grants to Gra ntee, its successors and assigns, a perpetual , nonex clusive e a sement (the •water Line Easement•) over, under , ac r o ss and through the Easement Prop rty for the purpose of construc t i ng, ope r a ting , ma intaining, repairing, replacing, removing and enl arg i n g the •Lines and Appurtenances•, as hereinafter d fin d. The •Li ne s a nd Appurtenances • shall mean one or more wa t r pipelines and all necessary und rground and surface appurt nances th reto n cessary or de irable for the tr ansmission of water, includi ng, but not limited to, ma ins , conduits, vaults, ventilators, elect ric or other control systmes, cables, wires and connections. 4. Access. Grant e e sh 11 have th perpetual , non ex clusive right of ingress and egress in , to, over, through and across the Ea m nt Prop r ty for any purpose necessary or desirable for th full njoyment of the rights granted to Grant e under this Grant. I • • • • Grantee f urther a g rees to replace any topsoil removed from any cultivated or agr i cultural areas on the Easement Property and to remov e any e xcess earth resulting from said construction , ma i nt en ance, repa i r, replace ment or enlargement, at Grantee's sole cost and ex p e n se. 6 . No Improvements. Grantor covenants and agrees not to construct, erect, place or pla,, any "Improvements", as hereinafter defined, on the Easement Property without obtaining the prior written consent o f Grantee. "Improvements" shall mean an y structure or bui l ding. Gra nte e shall have the r ight to remove , without any liabil i ty to Grantor, any improvements con structed, erected, placed or planted on the Easement Property without Gran tee's having obtained th e p ri o r written consent of Grantor. 7 . S ub ;ac ent and Lateral S uppor t. Gra n tor coven an ts and agree s h a Gra n te sha ll have the r1g ht o f su bjacent and lateral suppor t on the Easem e nt P roperty t o wh atev er extent is necessary or desir able for the full, c om plete and undisturbed enjoyment of the right s g ra nted to Grantee un der t his Grant . 8. Righ t s of Gr a n t o r. Gr an t o r reserves the full right to the undis turb e d ownerstip, use , and occupa ncy of t he Easement Property i nso far as sa1d ow~ rship , use, and occupancy i s consistent with and doe s not impair th rights granted to ~rantee in this Grant. 9. r e move any or Pr op r y. In th Gran tor shall h a ve t o r emove or n utr by Grantee. c 2 tha~ Grant ee shall abandon the , all righ t, title and interes~ t r ina e, and Grantor shall -n al l materials and ed th at Grantee shall have donme nt in wh ich to fro the Easement ab a nd oned by Grantee, e op~ion , to require Grantee c onstr ucted in th Ea s emen t & a n d repres nt s tha t Pr o perty and t h at nd that t his Grant is ater Line Ea a e a nt. an1 y, de f n d a nd hold c laia to th title of o r raona lawfully of. end to nd b a , a ucce aaora nd t era , cov n a nt , cona r u d •• • • • • • IN WITNESS WHEREOF, the parties hereto have executed this Grant of Water Line Easement the day and year first above written. STATE OF~ COUNTY OF .J . /..... . ss. GRANTOR: THE LAKES SOUTH DEVELOPMENT LIMITED, a LimiteQ Partnersh ip (' { Acknowledged before me this J.9, day of "~'11 n u o~· 19~ by Raymond L. Goodson as Managing Partner of The La es Sou Devel opmen t Company Limited, a Colorado limited partnership. My Commission expires: (. /..r/tr- Attes : Gary R. Higbee, ex officio city Clerk-Treasurer STATE OF COLORADO ss. COU NTY OF ARAPAH O! ~~ GRA N'rEE: CI TY OF ENGLEWOOD, COLORADO By __ ~----~~~--~----Eugene L. Otis, Mayor Ac nowledged before me th s day of , 19 by Eugene L. Otis as M yor and Gary R. Higbee as ex officio City-- Clerk-Treasurer of the City of tn 1ewo od, Color ado. on exp r s: 3 • Notary Public 3400 s. £lat1 Street n lewood, CO 80110 I • • • • -~ M S M CONIUL TANTS INC. ENGINEERING • AIICHITECTIJifE • SURVEYING • PLANNING $70 w.1 ... Ut......,. • o.n..t. Co6Dredo a 11 • ()0:)) f$S·7l2t SCALE t•• CHECKED £' J Q STEEl PtNS WITH CAPS SE:T AS SHOWN '~~~=~As: J08 NO ---------.::~:.:~=""'= ~TE ...:!_ 1..£!._1~ 8Y ------- NOTES~ W@&i ""'1\.b f'OTlCE-Accordina to Col orado lav you .,,t c ~n ce an y leaal action baaed upon •"• 1f"'"'ff'rr in thie au rvey vi thin eia yean """"'''Tt'"er rou firet dhcover euch defect. tn no event, .. , an y action bated upon anY._ defect i n thia aurvey be c.~nced .. re than ten yeart fr~» the date of the certification ahc=Nn hereon. LEGAL DESC RIPTION -NON -EXCLUSIVE WATER EASEMENT A part o f Section 35, Townsh ip 4 South, Range 68 West of the Si•th Principal Merid i an, County of Arapahoe, State of Colorado, more particularly descr i bed as follow s: Col1111M!nci nq at th e Southwe st corne r of the Southwest quarter of the Southeast quarter of said Sectlon 35; thence N00.11 '4 7"E along the We s t l1ne of aaid Southwest quarter , 90.00 feet to a po1nt on th e Northerly Riqh -of-wa y llne of East Ha•pdan Avenue ; thence N89'5~ 43"E along aa 1d Northerly Riqh -o f -way line, 953.98 fee t to a po n on a curve; hence o n a curve •.o he left havlnq a rad1us of 10 .04 feet, a central angle of 16 '51 '26 ", a chord length of 46.92, a chord bearing of N11.06'34"W, 47.09 feet ; thence N19.32'17"W, 28.62 feltt; thence on a curve to the right having a rad1ua of 560.0 0 feet, a central angle of 16"39'52 ", 162.88 feet o the Po1nt of Beginning; thence N89.5 7'43 "!, 20.03 feet to a po nt on a curve1 thence on a curve to the right having a radlua of ~40.00 feet, a central angle of 16 .26'27 ", a chord length of 154.42, a chord bear ing of NS.14'3 0"E, 154.9 5 feet 1 thence N13.21'43" , 108.49 feet; thence on a curve to the left h avinq a rad1u e of 175.81 feet, a centra l angle of 56 .03'06", 171.'1'1 feet ; thence 40.52'42"W, 20.15 to a point on a cur-ve; then on a · JCV P to the right havinq a radiu• o f 155.81 f eet, a centr 1 anq l tf ~·17'31", a cho rd lena 'I of 144,39 feet, a chord bean ot S14'0 8'Jl"E, 1 50.13 fee tJ t en ce S13 '27'4l"W, 108.49 f <'' 1 t a curve to the left hav1 ng a radiua of 560.00 f angle of 1 '20'09", 1 .66 f eet to the Po1 n t of 8 . , • I -· I • • : • -~ • • • M S M CONSULTANTS INC. ENGINEERING • ARCHITECTURE • SURVEYING • PLANNING !170 W... 44th~ • o.nw.t. ColoradO Kt211 •1303) •U-7 l2t ~8~ ~5~ OATE 2_ 1~1~ BY...:::"-'"'"------ ~TESI>CII"?6Q w~m; -ru<- JtOTIC£-According to Color4do Jay you ,...t c:o-.ence any leaal action baaed upon an v ~ in thia Iurvey vithtn a ix yeara ......rrer you firn ditcover euch defect. In no event . uy any a ction b aaed upon any: defect in thit a urvey be c~nced 1110r e tho~n ten yeara fro. the date of t he c ertification ehovn hereon . I A} w , , , • I -· I . • • , . • /' f I i -----.:._~- .. ! • ~,"'·· .. - .. :~ I . i I l I '· ' :1 ': I L ma-;~ I • I ,., IJ ,_,,., I (MS'o' ,, ..... • • & •• I~ , A .11\rW'!" ru 1"1:',)1 rflf '1 A P'OIHT 'V 'If , ~~:f'l t rv r ·n ntr ,,..,. , 11 ., •• A rA."'I'' ~"f "tf')1.M rr,-y ••n A cr ••• ·-• "r.~c.r ,., ,,, "~ rrc· •n • nnu1T M l'rtnsr M '~10 ( "i( TO Tift f'I(Ml', II A,flolj I U,t'j llf'S 111!,5() HrT 1411n A ut (•~u •~· (f ,kltY{ r ,.., .,. o·••·. • nJ(,'AtfT Of 1:"fo,l 2 rrp ,, A ,.,.,,"ttl T OCPrT; ,. £ r. Mr..._ \A I 'Nr.rtrr. A oro...,-or lit .,._ '[CT rn • H'IHfT At l ,. ... 0( s.AIO (.1 ~r TO Tllf" Pfl".tn, II A'HIIi l IUS l)f 111.10 fr~l AND A CH MAL Nt. ( 01' "'•0t '1 ti'", .I D!\H C tF Ut.l6 rnT; {II hJITII 'Uit'111 '" loll", 4 O ~STAJC[ l 4,08 rru JO A fiOUfT Otl A C t ~r'C[ fl4t CftfTU Of" A tu•tr $ot)tlnl lY41 ')t• HUT, II I ----- I . • • • GRANT OF SEWER AND WATER LINE EASEMENT THIS GRANT of a sewer and water line easement this •Grant") is made this day of , 19 by THE LAKES SOUTH DEVELOPMENT COMPANY LIMITED, a Colorado Limited Partnership, ("Grantor") whose address is c/o Prowswood Ltd., 4885 Sou t h 90 0 East, Salt Lake City, Utah 84117, in favor of the CITY OF ENGLEWOOD, COLORADO, ("Grantee") whose address is 3400 South Elat i S treet, Englewood, CO 80110; The parties covenant and agree as follows : 1. Easement Proeerty. The •Easement Property• shall mean the real property located 1n the County of Arapahoe, State of Colorado, more parti c u l arly described on Exhibit A, consisting of two pages, attached her e to and incorporated herein by ref~rence. 2 . Consideration . As c on s1d erat i o n fo r this Grant, Grantee has pa id Gra nto r the sum of One Doll ar ($1 .0 0) and other good and valua ble consideration, th e rece ip t of wh ic h is hereby acknowledged by Gr anto r. 3. Gr ant of Easem ents. A . Grant o f Sewer Ea sement. Gr anto r he reby grants to Grantee, its successors and assign s , a pe r petual , non exclu s ive e aseme nt (the •sewer Easement•) over, un d e r , ac r oss and th rough t h e Easemen t Property for the p u rpose of constructing , o perating , ma intaini ng, repairing, rep l a cing , re moving and e n l arging the •L in es and Appurtenances•, as herein afte r defined . The •L i nes and Appurte n ances• shall mean one or mor e wa t er or se wer pi pelines and al l necessary underground and s ur face appurtenances thereto necessary or desirable for the t ran s mission o f waste wat e r, including, but not limited t o , main s , conduits , vaults, manhol e s , or other fa cil it i es as required. B. Grant of Wate r L i ne Ea sement . Gr ntor hereby g r ants to Grantee , its s ucce ssor s and assigns, perpetu 1, non x clusive eas ment (the •wa t er Li n e Ease m nt•) over, und r , cross nd through the Eab&ment P r op r ty for the purpo of con tructing , operating , maint a ining , repai r i n g , replacing, removing and enlarging the •Line a n d Appurte n an c es• a s h r inafter d fin d. The •Lines and Appurt nances • s hal l me a n on or more water pipelines and all n cessary underg r o un d and su r fac app ur nances th reto n c s ary or d sir bl for t h tra nsm i ssion of wat r, includ nq, but not limit d to , m ins, conduits , v alves, v ults, ventilator , el ctric or oth r control syst ms , cables, wir s, nd conn ct ons. 1 • I • , • • • 4. Access . Grantee shall have the perpetual, nonexclus ive right of ingress and egress in, to, over, through and across the Easement Property for any purpose necessary or desirable for the full e n j oyment of the rights granted to Grantee under thi s Grant. 5. Restoration. Gr an tee agrees that after the construc tion, maintenance, repa1r , replacement, or enlargement of any of the Line s and Appurtenances, Grantee shall restore the surface of the Easement Property as nearly as reasonably possible to the grade and condition it was in immediately prio r to said constructi on, maintenance, repair, replacement, o r enlargement, except as may be necessay to accommodate the Lines and Appurtenances. Grantee agrees to restore and repa i r any improvements of Grantor on the Easement Property wh ich are damaged, modifi ed or altered by Grantee during said construction, mai nt e nance , repair, replacement or enlargemen t . Grantee fur t h e r agr e es t o replace any topsoil removed from any cultivated or a gr ic ultural areas on the Easement Property and to remov e a n y e x cess earth r esult i n g f r om sai d c ons truction, mainten an ce , repair , repl acemen t o r enlarg em e nt, at Grant ee 's sole cost and ex p e nse . 6 . No I mprov e ments. Grantor c ovenan ts and agree s not to constr uct , e re c t, pl a c e or plan any •rmpr o vement s•, as hereinafte r define d , on the Ea s ement Property without obtaini ng the pr ior writte n c o nsen t of Grantee. •rmprovements• shall mean any structure or bu il d i n g . Gra nt ee shall have the r ight to remove, without any liabi lity to Gr a nto r, any improv e ment s c on s tructed, erected, placed or pl an ted on the Easement Property without Gran tee's having obtai ned the prior writ ten conse n t o f Gran tor. 7 . SubJacent and Latera l S uppor • Grantor covenants and agree s t ha t Gr ant e sh all have t h e rig ht of subj acent and lateral support o n th e Ease ment Property to whatever extent is nec essary or desira ble fo r the f ull, complete and und ist urbed enjoyment of the right s gr nt d to Grantee under th i s Gr nt . 8 . Right of Grantor. Grantor r ser ves the full right to the und i sturbed o wnershi p, u s e, and oc cu pa ncy of the Easement Property i nso far as id own r shi p, u se , and occupancy i s consistent wi th and do e s not imp r he r1ghts g r anted to Gr ntee i n this Grant. the e v en that Gr nte e sh ll aband o n the thi Gr nt, all rig ht, title nd interes t cease and t rmlnate , and Grantor sha l l asement Prop rty , a the a me m y then b e, free from the o ab ndon d nd sha 1 o wn all materi l s n d b ndo ned , prov ded t hat Grantee s ha ll hav e fte r said bandon ment in whi c h to nd Appu r t n nc rom th Ea e m n t In v nt h t E m nt 1 b ndo n d by Gr ntee , 11 h ve th r1ght , t its sol option, to requ 1 r e Gr a n t ee to r move o neutra ize ny mprov nt con t ructed in th e t s e en t by Gran • • 2 • I • • • • • 10. Warranty of Title. Grantor warrants and represents that Grantor is the fee Slmple owner of the Easement Property and that Grantor has ful l ri ght, title and authority, and that this Grant is effective to grant and convey to Grantee the Sewer and Water Line Easement. Grantor further covenants and agrees to indemnify, defend and hold Grantee harmle ss from and against any adverse claim to the title of the Easemen t Property by all and every person or persons lawfully claiming or to claim the whole or any part thereof. 11. Binding Eff ect. This Grant shall extend to and be binding upon t he heirs , personal representatives, successors and assigns of the respectiv e parties hereto. The terms , covenants, agreement s and co ndi tions in this Grant shall be construed as covenants r unning wi th the land. IN Wi r ~ss WHEREOF, the par ties nereto ha ve executed this Grant of Sewer and Water Li ne Easement the day and year first above writ ten. GRANTOR: STATE OF ~ COUNTY OF ...S • 1-. ss. Acknowledged bf'fore me this ,?. B d•y of ~, 19..&] by Raym ond L. Goodso~, Managing Partner of The L~e~ Developmf'nt Co~p. r1 ll l'ed. My Commiss on exp1re 3 • I • • - • Attest: Gary R. Higbee, ex officio C1ty Clerk-Treasurer of the City STATE OF COLORADO ss. COUNTY OF ARAPAHO E • • • GRANTEE: CITY OF ENGLEWOOD, COLORADO By~--~~~~~--~----Eugene L. Ot1s, Mayor Acknowledged before me this day of , 19 by Eugene L. Otis as Mayor and Gary R. Higbee as ex officio City-- Clerk-Treasur~r of t h City of Engle wood, Col orado. My Commission expires: 4 Notary Public Address: • I • -• • • M S II CONSU.TANTS INC. ENGINEERING • ARCHITECTURE • SURVEYING • PLANNING $70 w.a ~ AIMnue. ~-COtorMo 811. (301) .U.l)ll .1011 NO -----------=s<c.:o;..:!>'-O-'IJ::.__ Oo\T£_7_,E_,.J!L a• ------- NOTES Nll!fip Ci'iWK JtOTICt-Accordina to Color4do l ev you .uat c~nce an y 1•••1 action baa~d upon eny ~ in thia aurvey v ithln e ia yeara -.rt'er you firat diacOYer euch 4efect . lft ftO event, uy any a ction baaed ... on anr defect in thia eurvey be c~nced .,re than ten yeara fr·o. the date of the ceru.ficat iOft ..,.,..,. hereon . LEGAL DESCRIPTION -NON-EYCLUSIVE MATER AND SEMER EASEMENT A part of Sectlon 35, Township 4 South, Range 68 Meat of the Sixth Princtpal Mer idt an, County of Arapahoe, State of Colorado, more particularly described •• follows: Co1010enc1ng at the Southwest corner of the Southweat quarter of the Southeast quarter of a aid Section 351 thence NOO' 11 '47"1!! along he We at 1 ine of said southweat quarter, 90 .00 feet to a point o the Nort her ly Right-of-way line of Eaat Ha•pden Avenue, thence N89'S7'43 "E along eald Northerly Rlght-of-vay line, 953.98 feet to a point on a cu rve : thence on a cur-ve to the left havinq a rad1us of I 0 .0 4 feet, a central anqle of 16 '51'26", a chord l enq th of 4 .9 2 , .. chord bearing of N11 '0 6'34"W, 47.09 feet 1 thenc N19 '32' 1 •w, 28 .62 feet to a potnt of curve, thence on a curvP to tt> n qh haYi ng a radius o f 5 6 0.00 feet, a central an<Jl• of 13'3 '08 ", 132 .78 feet to the Po int of Beginning, thence N 89'57'41"£, 1a 6.28 feet, thence N0'02'17"W, 10.00 teet 1 thence N89'57'4l "E, 185.9 7 feet1 thence S44'52' 18"£, 10.84 teet1 thence N 4 5'07'42 "1!, 20.00 feet, thence N44'52'18"M, 19.16 feet 1 thence S89 '57'43"M, 3 82.87 feet to a point on a cu rve1 thence on a curve t o the le f having a udiua of 5 60.00 feet 1 • central anC)le of 3 '04 '44", • chord length of 30.09 fee , a c hord bearing of 5 4'2 4 '48"£, 30.10 feet to the Po lnt of Beg 1nn1ng . • I -· I . - ·~ : • • • • • M 8 M CONI&LTANT8 INC. ENG INEERING • ARCHITECTURE • SURVEYING • PLANNING 570 W... 44th Awenue • Defwet. ColotHo G11 •lXXI) ..U-7)21 JOtl NO -------=--::---"'50::;~=&::.- DATE....:z._l ~/~.y _C:.._:-":o..._ ____ _ ~~ c«PM -ruL .. • I I • • • • GRANT OF SEWER LINE EASEMENT T HIS GRANT of a sewer line easement (this "Grant") is made this -----day of , 19 by THE LAKES SOUTH DEVELOPMENT COMPANY LIMITED, a Colorado Limited Partnership, ("Grantor") whose address is c/o Prowswood Ltd., 4885 South 900 East, Sa l t Lak e C ity, Utah 84117, in fav o r of the CITY OF ENGLEWOOD, COLORADO, ("Grantee") whose address is 3 400 South Elati Street, Englewood, CO 80110; The parties covenant and agree as follows: 1 . ~as e men t Proeerty. The "Easement Property• shall mean the r e al property l o c at e d 1n the ~ouoty of Arapahoe, State of Colorado, more parti c u larly de sc ri bed on Exhibit A , consisting of four pages, at ta ched here o nd incor p o r ate d herein by re ference. 2 . Consideration. As c on si dera tion fo r this Grant, Grantee h as p aid Grantor the sum of One Do ll ar ($1 .00) and other good and v a luable cons1deration, th e rec e ip t o f which i s hereby acknowledged by Grantor. 3 . Gr ant of S ewe r Easemen t . Gr ant o r hereby grants to Grante e, its successors a nd as s i gns, a pe rpetual, nonexclusive easement (the "Sewer EasementM ) over , un d e r , across and through the Ease ment Property for the p urpose of constr u cti ng, operating, ma intaining, repairing, re p lacing , removing and enlarging the "Lines a nd Appurtenances•, as hereinaf t er defined . The "Lines and App urtenanc s• s•.a.l mean one or more se wer pi pelines and al l n e cessary underground and surf a ce appurten nce s thereto necessary or d e si r aole for the ransmission of was t ewater, i ncluding, but n o t limited to, m in , conduits , vaults , m nholes , or other fac ili t i e a s required. 4. Ace s • Grantee shall h a ve th perpetual, nonexclu si ve right of 1nqress and egr ss in, to, ov r, through and c ros s th e Easement Prop .r ty for any purpose necessary or d es i rable f o r the full enjoym nt o he rights granted to G r nt e u n de r this G rant. ma ntenance, r p and Appurt Property as t a G rant gr e • I . • • - re move any excess earth resulting from said construction, mai ntenance , repair, re placement or enlargement, at Grantee's sole c ost and expense. 6. No Improvements. Grantor covenants and agrees not to const ru ct , ere ct, place or pl an any •rmprovernents•, as hereinafter defined, on the Easement Property without obt a ini ng the prior written consent of Gran tee. •rmprovernents" shall mean any structure or building. Grantee shall have the right to remove, without any li ability to Grantor, any im provement s constructed , erected, placed or planted on the Easement Property without Grantee's having obtained the prior written c onsent of Grantor. 7. SubJacent nd Lateral Support. Grantor covenants and agrees tha Gra~ e 3h all have the ri ght of subj acent and lateral support on the E3sfme~t Proper ty to hatever extent is necessary or des i rab le for e ., comp let and undi$turb d enjoyment of the rights •rante' ~te ~der hi-·a~ 8. Ri ht undistur he insofar ;:ss !'"a does not i mpa 3 rant r reserves th e full right to the an ~ nccupa~cy of he Easem ent Property IS , nnd ~cc u pancy ·s c onsistent with and _trant.ed !.O Gr llltt'P. In this Grant. • nd repr sents that ent Property and that nd that this Gr nt a er Line Eaa ment. y, defend and hold 1a to the title of ona lawfully to and b uc;ceaaor• and I I I . • • • IN WITNES S WHEREOF, the part ies hereto have executed this Grant of S ew er Line Easemen t the day and year first above written. STATE OF W. c...J..... COUNTY Of r 1.. Ackno by Ray ond i.. Develo pme t My Comm ission xp1res: ss. GRANTOR: THE LAKES SOUTH DEVELOPMENT COM PANY LIMITED, a Colorado Limit~ Partnership 7'/ /'"'' /' By I 1-~\L~/· I f~---.. I . RaY. ond L.,OOdSOn Managing Partner me tni s ;2 '8 da y of J~~, 19.6,J as Man aQing Partner of The Lakes ~h ned . ~ /Qrvl &1-l:.L __ Attest : Gary R. Cler -T cou s. 1on 3 GRANTEE: CITY OF ENGLEWOOD, COLORADO y---=--~~~~~--~---Eugene L. Otla, Mayor Ol 0 • .' • • • • II all ~TANTI IC. ENGINEEitiNG • AlfCHITEC1UitE • StM~YING • P&.ANN1NQ '"'---·-·"-•,..,_,_,»• SCAlE ,.. O<ECQO -----0 STEEL-S WITH GUS NT ... .,_ ·==~ .. = IIOTI CE-Accorcli.•a to Color,olo 1-you ~ •-nc~ •F l•a•l atio. kood upon ..,Y 'ftftlT in thie euney Wlthua 11w JUre ~r you firet tHecower euch 4ef•ct . In no event •.. , ~ ect ion ~11M .,on •1 .. fec::t ia tt.le .. ,..., M ~M IIDre than ten '""'" fr• tlwi oleto of tile certificotlon •-hereon . LEGAL DESCRIPTION -NON-EXC LUSIVE SEWER EASEM ENT A pa~t of Section 35, Township 4 South, Range 68 West of the Sixth P~inctpal Mertdtan , County of Arapahoe, State of Colorado, •ore particularly de scribed as follows : Co-nctng at the Northwest corner of the Southwest quarter of the Southeast quarter of said Section 35; thence S00 "11 '47"W along the West ltne of said Southwest quarter to a point 30.00 feet Southerly of sa1d Northwe s t corner: thence S89 "35'53 "E parallel to and 30.00 feet South of th North line of said Southwest quarter, 30.00 feet ; thence S00 "11'47"W, 30.00 fe et Easterly of and parallel to &aid Weat ltne 150.00 fe '• th .. n c e S 89"35'5 2"E, 234 .75 feet to tho Point of B g1nn1nq• then c ~2 6"32'23'E, 19.1 4 feet; thence N89 "50'31"E, 231.19 feet; thence NO"J7 '42"£, 14.80 feet; thence N89"35'52 "W, 239.78 foot t o the Po1nt -C II 9 1nn1ng, containing 3756 &quare feet or 0.086 a c re s , mo rP o r les . • I --. I • • • • • • M 8 M CONaL TANT& INC. . . ENGINEERING • ARCHITECTURE • SURVEYING • Pt.ANNING uo ---·-·~•,.•13031 ..._,,., SCALE 1"• :st'' CHECKED ~ JOe NO ----------'"-=:~..:0.::!50<0='- Q STEEL PtHS W1THCAPS SET AS SHOWN OATE_!_1_!>_1_!!_ey ..;":...:-":.._ ____ _ i&i~~s~"': )1""'-' ... ,._ .A~c ot;di na to Co\orl!do Jaw you WJ.I t co-.en c~ any J eaal action baa•d upon anv · tn th11 au rvey vlth tn ••• y .. r• ......-Trer you ftrtt d1acover auch defect . In no . , .. , any a ction baaed upon an~ defect in thia auney be co..enced IM:tre than ten y~•r• fro. the da t• o f the certificat ton ~""""' hereon . IV LJA/£, ~ 1-'<1 .>~ V"'z -so 00 ' 1 ,. ... • I I • • - • • • • • II 8 II cc..a.TANTa .C. ENGINEERING • A/tCHITECTUifE • SUIW£YIIIIG • ~'tANNING ... ---·-.~-·--··· SCA&.E ,.. coecaao ----- 0 ST£EL-WITH C-'" KT M-·==~~~-= -100 ~ OAI"'~I...2.._1_f!!._.V --'K.""-'&"---- *7:1iMi() Writ• ""!UoS LE GAL DE SCRI PTION -NON-EXCLUSIVE SEWER EASEMENT A part of Sect ion 35, Township 4 South, Range 68 West of the Sixth Principal Merid 1an, County of Arapahoe, State of Co lorado, More part icularly de scribed as follows: Co~~~~~~encing at the Sou thwes t co rner of the Southwest quarter of the Southeast quart er of said Section 35 ; thence N00 '11'47•p; along the West line of sa1d Southwe st quarter, 90.00 feet to a point on the Nor therly Right-of-way line of East Hampden l'.venue; thence N89'57'43"E alonq said Northerly Right-of-way line, 953.98 feet to a point on a curve : th ence on a curve to the left having a radiua of 160.04 feet, a crntral angle of 16'51'26", a chord length of 46.92, a chord beanng of 11"06'34"W, 4 7.09 feet; thence N19'3 2'17•w, 28.62 feet; thence on a curve o the right having a radius o f 560.00 feet, a central anqle '>f 3'15'011", 132 .78 feet to the Point of Beginning ; thence cont1nu1no on sa1d curve to the right having a radiua of 560 .00 f"'et, a central angle of 2'03'14", 20.07 feet1 thence S89'57'43"W , 388.15 fet>t; thence N00'07'42"E, 133.52 feet; thence N01"55'14'W, 363.43 feet' thence N89'52'18"W , 2.01 feet1 thence N00"07'4 2'E, 31 4 ,72 feet1 thence S89 "50'31'W, 16.00 feet1 thence S0 0 '07'42"W , 31 4 .64 feet ; thence N89'52'18"W, 2.01 feet 1 thence S01 '55 '1 4"E, 36 3.79 feet1 thence S0'07'4 2"W, 153.22 f .. t l thence N89'57'4 3"B, 4 09.92 fee t to the Point of Beg inning con taining 23,154 aquare feet or 0.532 acres, •ore or leas. • I --· I • • -~ • • • M 8 M CONIULTAHTS INC. ENGINEERING • ARCHITECTURE • SURVEYING • PLANNING 570 W.. ...,_ ....... • ~. C....eoo .:aa11 • (lOS) t.U-7U1 SCALE 1·• ~' CHECKED Ill _J Q STEEL PtooS WITH CAPS SET AS SH0woo it!f~~~SRS= JOI, HO !To #Oif OAT£~,...£:!._,..!!!_ 11Y --'C"--'.0'-.'---- IIOTU &n-~.: ~ mm -i:c~~~~ in:u..;:, C ~lm~o ol:" y::~. !!i#erco::;:n~1 r~ny d l:::..•., ac:.::hn db:f:cdt . upin ..,,! event, uy eny ect ion baoed upon "":!! defect in thio euney ... c-nced -re thon ton yeare fro. the: date of the cartificatlon llhowa hereon . -----~o,· NM•"··w ,.o •. ··~-·,.• ·-.o·· C..• ~ • ..,. I - • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE March 31, 1983 INITIATED BY AGENDA ITEM 7 (a) and 7(b) City Manager SUBJECT AMENDMENTS TO THE ADMINISTRATIV PROCEDURES FOR THE CAREER MERIT SYSTEM ACTION PROPOSED, ____ I~t~e=ms=-~7~(a~)~a=n=d_7~(~b~)~b=e~ta=b=l=e=d~pe=n=d=i=n~g~re~v=i=e=w-=an~d~---------- recommendations of Career Service Board . Agenda items 7(a) and 7(b), the Amendm nts to the Administrative Procedures for the Career Merit System have b en forwarded to the Career Service Board for their review and recommendations to the City Council. This transmit tal has been' done in accordance with Section 138:1 of the Englewood Home Rule Charter which states that, prior to final enactment of City Council of any ordinance adopting a Career Servic System, or of any ordinance nding th same, such ordinance or amend- ment shall be submitted to th Board of Career Service Commissio ners for recommenda- tions d the Board h 11, prior to forwarding to City Counc il such recommendation, after appropriate public notic , hold a public hearing thereon. Th car r S rvice Board has indicae d that they will att mpt to exp dit their r vi of the propos d mend nts. on has been informed of th Car er Service Board revi w r of th nda nts and r cogniz s that th re will b a ration o! h Municipal Court ndment until th Car er d th ir r vi w. it 7 (a) th propos 7(b) until tb Car r rvice nte and forward d r co nda- ) I . • • • • • 7C BY AUTHORITY ORDIN ANCE NO. SERIES OF 198~2------COUNCIL BILL NO. 15 INTRODUCED BY COUNCIL A BILL FOR MEMBER ______________ _ AN ORDINANCE ADDING SECTION 22.4C TO THE COMPREHENSIVE ZONING ORDINANCE OF 1963, AS AMENDED, REGULATING THE CONVERSION OF APARTMENTS TO CONDOMINIUMS. WHEREAS, the conversion of an apartment to condominium ownership has long-term impacts on the health, safety, and welfare of the community; and WHEREAS, the dislocation of population without sufficient regulation causes significant difficulty in relocation; and WHEREAS, apartments converted to condominiums without proper i n spection, engineering and construction can become fire and safety hazards; and WHEREAS, it is necessary to regulate the conversion of apartments to condomi niums; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: S ecti on 1. There is added to the Comprehensive Zoning Ordinance o f 1963, as amended, ne w Section 22 .4 C to read as follows: Section 22 .4 C-1 Scope . No person, firm or corporation (hereinafter collectively called •Dev eloper •) shall convert any multi-unit d welling into a condominium without complying with each of the requirements of this ordinance, in addition to all other applicable la ws and ordinances. Section 22 .4C-2 Purpose. The purpose of th Condominiu• Conversion Ordinance is to ena ct reasonable rul s and regulations that will pr o vide a developer with procedures to follow in filing a condo~iniu conver ion applic tion with the City. Section 22.4C-3 Application. Developer, in the pplicati on f or condominiu• con versions, must: (a) file an application with the Director of the Department of Community D velop nt; (b) pay a $500 pplication fee of wh ich $250 will b refunded if the applic tion is rejected by the Ci y. 1 • I • - • • • • • (c) show compliance with Sections 22.4C-4, 22.4C-5, 22.4C-6, 22.4C-7, 22.4C-8, 22.4C-9 and 22.4C-ll of this ordinance. Section 22.4C-4 Tenant Protection. Developer must give to the tenant(s) occupying a multi-unit dwelling which is to be converted to a condominium: (a) Notification of an intent to convert the tenant's dwelling to a condominium. (b) An option to purchase the condominium at the fair market value ~ithin ninety (90) days after the tenant has received the notification of an intent to convert. The tenant must execute a real estate sales contract as buyer within the ninety-day period. (c) Written notice to the tenant to vacate the dwelling within One Hundred Twenty (120) days, or to the expiration of the tenant's lease, whichever is greater. Section 22.4C-5 Warranty of Common Areas. Developer or owner shall give to the purchaser of a condominium a warranty deed, wher e applicable, to the common areas which include but are not limited to the following: (a) laundry room (b) landscape grounds (c) fences (d) parking areas (e) recreational areas (f) storage areas (g) hallways and stairways Section 22 .4 C-6 Parking Ordinance. Developer or owner shall comply with the parking provisions of the Comprehensive Zoning Ordinance of 1963 as amended. Section 22.4C-7 Code Compliance. The Developer shall comply with the following requirements: (a) Plumbing Code. The Plumbing Code in exiatence at the tim of ppllcation. (b) Mechan ical Cod • Mechanical Cod in existenc This Code includes heating. at the time of application. Th (c) Building Code. This Code is construction code. The Uniform Building Code in existence at the time of the applicati on. 2 I • • ....... • • .. .. {d) Housing Code. This is a maintenance code. The Housing Code in existence at the time the structure was built is applicable. (e) Electrical Code. The Nat i onal Electrical Code in existence at the time of the application is filed. (f) The City shall i nspect the premises of the Developer a nd issue a written inspecti on report stating whether the premises is in compliance with the f o regoing codes. However, the City shall not warrant or guarantee the condition of the premises in any manner. Section 22.4C-8 Fire Pr o tecti o n. Fire protection inv o lve s compliance with the Unif o rm Buiding Code and the Uniform Fire Code. (1) The Deve lo per sha ll co mply with, but not be limited to , the following requirements. (a) F i re al a rm a nd f i re s uppress io n systems shall be installed as required by the Un i fo rm Fire Code and the Un i f o r m Bu i ld ing Code in existence at t he time of the application. (b) All sta i rwells, paths of egress and exit facilities shall be evaluated and upgraded t o the Fire Code requirements and the Unif o rm Building Code requ i rements in existence at the time o f the applicati o n. (d ) Fo r the p u rpose of this s e c t io n, cond ominiums ar e inter c ha ngeable wit h apa rtme nt ho uses as defined by the Uni f o r m Fire a nd Uni f o rm Bu i ldi n g Cod e in ex i stence. (2 ) The Ci t y 's F ire De p a r tm nt s hal l ins pe ct th e De v e l o p e r's pr e mises and: {a) issue a written inspection r eport sho wing comp liance nd noncompliance with all perti~ent sections of the Unifo r m Building code and Uniform Fire Code; (b) ho wever, the City sh 11 not w rrant or gu rantee th condition of the premises in ny manner. Section 22 .4C-Conversion nd warehou buildings to condo niums . This ordinance apply to the conversion of office or warehouse buildings by a develop r . The de v elop r must co ply wi h all pplicable provisions o this ordinance. Sections 22.4C-4 and 22.4C-8(d) of this ordinance shell not b appllceble to • conversion of offic or war house buildings. I • • • • • Section 22.4C-10 Hearing. The administrative procedure for an application required to be filed by this ordinance is as foll o ws : • (a) The Director of the Department of Community Development, after the requirements of Section 22.4C-3 have been submitted, shall issue, within thirty (30) days, a written decision as to whether the application is accepted or rejected. (b) If the application is rejected, the basis for rejection shall be specified in the Director's written decision. The Developer has ten (10) days from receipt of the written decis ion of rejection to file a notice of appeal to the Board of Adjustment and Appeals. Section 22.4C-ll Additional Requirements. The Developer sh all also make application to the Director of Utilities and shall comply with the Water Code and Sewer Code regulations in existence a t the time of the application. Any appeal from an adverse decision b y the Director of Utilities will be to the Water and Sewer Board a s provided by the Water Code and Sewer Code. Introduced, read in full, and passed on first reading on the 4th day of April, 1983. 1983. Published as a Bill for an Ordinance on the 6th day of Ap ril, Attest: Eugene L. Otis, Mayor ex o ff i cio City Clerk-Trea s urer I , G ry R. Hi gbee , e x officio City Cl e rk-Trea a urer of the Cl y of Engle wood , Colorado , h reby certify tha t the above a nd fore9 ol 9 ie a true , accurate and co plete copy of a Bill for an Ordinan ce, introduced , read in full, and pasaed on firat reading on the 4t h d y of April , 1 3. Ga r y R . H 4 , I • • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE SUBJECT The Co nd omin ium March 31 , 1983 INITIATED BY City Planning and Zoning Commission ACT ION PROPOSED R ceive the recommendation of t he Planning Cowmis si gn a nd set the matter for Publi c Hearing , INTRODUCTION AND BACKGROUND: Concerned because the members felt they had been reacting rather than taking the ini- tiative in community development matters, the members of the Planning Commission held a special meeting in early 1982 , at which time they approved goals which would guide the Commlssion's 1982 work program. The preparation of a condominium conversion ordi- nance was high on th list of goals , and the staff was directed to submit background information to the m mbers prior to the preparation of a draft ordinance. The staff assembled information from both within and outside of the state of Colorado and this was r viewed and discu ssed by the memb rs of the Commission to determine thos regula- tions which would b applicable to conv rsions in Englewoo d. There appear to be two areas of concern , on of th ocial issue, i.e., the possibility of displacing th lderly and handicapp d, nd econd, the buyer protection issue. The City Attorney assigned Assistant Ci~ Attorney Menzies to work wtth the staff and th Commission in drafting s proposed ordin nc and it was considered at a Public Hearing on February 23, 1983. Prior to the Hearing, notices were sent to the owners of all apartm nt houa s having more than t n units to advise them of th proposed ordinance and inviting th m to p rticipate in the H aring. Approximat ly 33 owners were notifi d of th H ring, Th r wer a veral persona in the audience during the H aring, but no on addr aa d the Commission, eith r in support of or in oppoaition o th tter. RECO~ENDATION. Aft r having coneidar d th ai ion vot d to r f r th r co• ndation. information b or propo1 d ordinan th m, th m b ra of th Plannin C to th City Council with a favorebl • I • • • • • • FINDINGS AND DECISION OF THE CITY PLANNING AND ZONING COMMISSION CITY OF ENGLEWOOD, COLORADO IN THE MATTER OF CASE NO. 19-82 FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATIONS RELATING TO THE ADOPTION OF AN ORDINANCE COMPRISING THE PROCEDURE FOR THE CONVERSION OF APARTMENTS TO CONDOMINIUMS. A Public Hearing was held in connection with Case No. 19-82 on February 23, 1983, in the City Council Chambers of the Englewood City Hall. The following members of the City Planning and Zoning Commission were present: Messrs. Allen, Barbre, Carson, McBrayer, Senti, Stoel, Tanguma, and Venard. Mrs. Becker was absent. The Planning Commission , after review of evidence taken during a public hearing and during three public meetings and a survey of other condominium conversion ordinances from around the country, makes the following findings of fact: FINDINGS OF FACT 1. That upon the Planning and Zoning Commission's adoption of gonls and objectives for the 1982 calendar year, the preparation of a condominium conversion ordinance was high on the list of priorities. 2. That in preparing the condominium conversion ordinance, th issues included are necessary to protect the potential buyers of the conv rted units and for the prot ction and welfare of the citizens of the City of Englewood. 3. That proper notice of the Public Hearing was given. 4. That the Condominium Conversion Ordinance relates to any multi-unit dwelling, office or warehouse being converted into a condominium. S. That th purpoae of th ordinance is to ineure that b fore condominium conversion takee place, the units are in coapliance with applicabl City codea. 6. That before condom1niua conversion c an take place, the dev lopar muat file n application with the Director of the Departaent of Co nity Davalop .. nt. 7. That in ord r to &iv ad quate ti .. for Xiltin& ten nta to r locate nd to prot ct th purch re of th condoainiua units, th followin require nta and conditions 8Uit b .. t before euch convereion will be permitted: • I • • • • • • -2- a) Tenants shall be notified of intent to convert. b) Tenants shall be given an option to purchase the condom inium. c) Tenants shall be given one hundred twenty days (120) or expiration of the tenant's lease to vacate the dwelling, whichever is the greater. d) Developer shall give the purchaser of a condominium a warranty deed for an interest in the common areas. e) The number of off-street parking spaces shall be in compliance with the off-street parking provisions of the Comprehens ive Zoning Ordinance. f) The premises of the condominium shall comply with City codes in existence at the time of the application. 8. That no member of the audience spoke in favor of or in opposition to the proposed ordinance. 9. That upon the recommendation of the City Planning and Zoning Commission, the City Council should adopt the Condominium Conver- sion Ordinance as amended by adding to Section 4 (b): " ..• The tenant WHO CHOSES TO EXERCISE AN OPTION must execute a real estate sales contract as buyer within the ninety-day period." CONCLUSIONS 1. That proper notice of the Publi Hearing waa given in compliance with the Compreh ensive Zoning Ordinance. 2. That no persona present addressed the Co..taaion expreasing th ir diaapproval of the ordinance. 3. That the purpose of the ordinance is to protect th person or peraona who purchas the condominium unit and for the aafaty, health and general wel fare of the citizens of Englewood, while giving th develop r or own r wh o wanta to conv rt multi-dw lling, office or warehouaa unite to condomi niuma. 4. That dvar e impacta will b ainiaiz d bacaue there are proviaiona tor: Adequate notice to tananta. L 1 ening the impact on the r quirin adequ t of -atr Complian e with City h alth djacant pro rti a by t parkin c lian •· and aafaty cod a. City Plannin and oni raion ordinanc aa with a favorable r • ppr a ref ra it for th ir I • • • • -3- Upon a vote taken on a motion made by Mr. McBrayer and seconded by Mr. Steel, eight persons voted in the affirmative, no votes were cast in opposition to the motion, Mrs. Becker was absent. BY ORDER OF THE CITY PLANNING AND ZONING COMMISSION Mitton E. Senti Chairman • I • • • • '. • August 11, 1982 CONDOMINilJN CONVERSIONS Wh~n the Planning and Zoning Commission developed goals and objectives for the year, the preparation of a condo conversion ordinance appeared high on the list of priorities. The purpose of this report is to provide the Planning and Zoning Commission with an overview of the issues involved with condominium con- vrrsion. The staff is not recommc.>nding any specific standards at this point, bul rather, WP are reques ting that th e Commission discuss LIIP tssurR nnd provld~ direction to the sta ff as to the issues that the Commission wishes to be in- cluded in such an ordinance. The staff will then prepare an ordinance that re- flects the desires of the Commission. After reading the staff report, the mem- bers of the Planning and Zoning Commission will understand the wide variety of approaches available to the community. The Trend. In th past ten years, both inveatora and proapective home buyera have aought affordabl housing alternatives, and one alternative that haa b co popular on lh eaat and west coast~ i the conv raion of rental units to con dominium owner- ship. This practic 1a now reachin& other jor metropolitan areas includin& Denver. The converaion of rental unita haa r aultad in nu roua problema for both th t•nant nd prop rt n r, nd in ord r to h lp all viae auch problome, re ulatton hav b n .,tabliah d .•t both the ltat and local 1 v la. The intent of uch r ulalion is to prot ct th o r. x atin t nant and th pot ntial condo niu The tw typ 1 of iaau Jlh)' •• ,,. and 1ddr involv d with ondo•tniu conv raiona ar th v r • , rd 1 lc n 1 p r 1 ,. 11 r.• 1n th for of uh11c p lt y. Many Sndivtdu 1 • o i 1 and r·· .JI r I noll f chu I • • -• • • -2- these iss11es exceed the proper role of government and should be the responsi- bility of the private sector. There is generally more agreement about th e physical issues of condominium conversi on, which primarily refer to the structural elements of a building and the condition at the time of sale of a condominium. The State of Colorado. The State of Colorado has passed the Condominium Ownership Act, and this act serves as the minim um condomin ium conversion regulations which are followed throughout the State of Colorado, including any conversions in Englewood. The Act requires written notification Lo the tenants of the intent to convert the building to condominiums. According to State law, after being notified, the tenant is guaranteed 90 days or the length of the lease, whichever is great r, before being evicted. The tenancy can be terminated in less than 90 days if th~ tenant and d velop r agre to relocation expenses. In addition, condominium by- laws are requir d to b presented to the potential buyer before or at the ti of sal . The Denv r t ropoli tan Ar a. The Denver Metropolitan area haa expert nc d rapid i igration ov r th paet 10 yeare, and a a r eult, low vacancy rat 1 in r ntal unite, in addition to th loee of r ntal unit• through condominiua con raiona, hal created a hardahip for r nt ra. A cording Lu th l 80 C n ua It&t ati a rel a d by D COG, th p rc nt of hou in units in th~ ight-cou ty ar a which ar own r-oecup1 d 1 d 35% r nt r-occupi d. Condo 1niu co!ip rt •d b% of th with th hi&h It percentl in Arapah Count • With the at ady influx ot p to th D nv r-Hetro ar a, th in tr nd o eonv rtin sparta nte to o • I • • • .. - -3- to be add r essed. Al l of the adjacent municipalities hav been contacted by th e staff, and none of the communities survey d had condomini um regulations. The City of Englewood. According to the 1980 Census, the number of owner-occupied units in the City of Englewood is 7,099 or 56%, and th e numberof renter-occupied units is 5,667, or 44%. At the present time, the City has a rental vacancy rate of 1.3%. If there were a substantial numb e r of c onversions in the City, the displacement of tenants would result in these persons having to relocate outside of Englewood. The Economic Impact of Convers ions. The economic impa ct of condomin ium conversions differs with each jurisdiction, but th ass ssm nt practic s a r e gen rally uniform throughout the State, A r ntal property prior to conv rsion is ass ss d as a single entity baaed on the property's incomeproducing capacity or on r c nt sal prices of compar bl units. Followina the conv raion, ach unit ia as ased s par t ly, and th total as- s aament of the ind vidual unite would be areater than the ainale a11 a IIMlnt. w~ile th increaae in th aa s d valu for th~ aingl co nv raion ia aianifi- cant , th ov rall incr ase in th City 's tax baa ould be insianificant. H wev r, 1! th r w r a nu r o! conv raiona, it could ha a cuaulativ i pact on th unic p 1 tax r c pt wi th th additional r v nu 1 coll ct ov r th y ra. Arap h C unty appra1 th prop rty with an additio 1 S% actor at th t1 th d larat1on 1a lU d. • I • • • • • -4- What Other Cities Arc Doing. In adurcssing the cond ominium convcrslon topic, local government .. huvc dcvclupctl ordinances to protect both the tenant and the potential buyer. Three categories of condominium conversion ordinances exist which are designe d to pro teet the public: 1. The protection of the tenants; 2. The protection of the prospective buyer; 3. The protccLion of the l ow and motlcratc income rcnLal stock. Protecting the Tenant: In order to protect the existing tenant, condominium conversion ordinances fre- quently include the following provisions: 1. Requiring wri tten notification to the tenant of the intent to convert; 2. Giving the tenant the right of first r fusal (Tenants hav the first right to purchase th unit); 3. Guaranteeing that the terms of the lease will b upheld to alleviate hara11ment; 4. Givtn all tenants ampl ti to relocate ev n if th y do not hav a 1 ase; 5. ightna the ff ct the conv rsion will hav on the houain atock if 6. Pro ther ia e ver l vacancy rat ; th d~ar of t nant h rdship, and mod rat inco and th tnt nd to h lp alleviat ain 1 -par nt C auch hard hip. o pr t t t pr p ttv bu r, ordin sp tally to the ald rly, low 11 , and how th d v lop r r uir ch Coll 1 I • • • • • • • • -5- 1. A Certified Engineer's Report as to the condition of th~ building, m1d 2. An inspection of the property for compliance with state and local zoning, building and health co des. Following is a summary of the various ways that other local governments have addressed the issues raised in condominium conversions. Physical Iuuea Structural Requirements Solutions A certified engineer's repon, including structural and mechanical systems with the dates of major repair and expected useful life of each item is required • Warranties on common elements are required. Inspection of th prop rty for complianc with Stat and local zonina, building, fire and health code atandarda ia r quir d. Diacloaur of violations and the atiaatad coat to r pair ia r quir d. A diacloau pack in ludi a buildin r port, proj t d bud t, nd 1 al docu- nta to b iv n to th nt and to pot ntial buy ra 1e l' uir ll. p rat • r ro d 1 t r t n1 for uir lU• 1 it • I • • -6- Parking -- Floor Area Requirements -- Social Issues Rental Housing Stock-- • • • water and sewer billing goes to the condominium association. Parking must meet the minimum off-street parking requirements for a multi-family structure. The floor area of the units must comply with th e min imum floor area r equiremcnLs of the current zoning regulations. Solutions 1) The City can establish a program which assists in law and moderate income households in purchaaing converted units. 2) The developer is required to place 1 - 2% of the purchsae price of each unit into a reserve fund with the local aovern- nt to d valop law inco hoWiin&. 3) Th develop r is required to retain a certain number of units lo r nt to exist- in tenants, esp cially the eld rly, low and ~d rate inco t a111ea. and ain la-par nt I • • - -7- Relocation Aaaiatance -- • • • • • • 4) A percentage of the converted wtlLs may be required to be made available for low and moderatu income fumlll cs . 5) In converting five or more units, the developer is required to add a new rental unit to the housing stock for e ach unit converted . 6) A housing emergency is declared when the vacancy ia lees than 5% and restrictions are placed on convareiona. 1) The Developer ie required to pa y moving expens 2) Th Developer ia require d to aaaiat the tenanta in finding comparable houaing. 3) The Developer ia required to pay aecurity d poait for the tenant at the n w unit. 4) Th ti-th valoper ia r quired to pay 1~ liOnthly rent fo r 110v1n xp n a. 5) A d d und ia c:r e ted to provid n p nt aa 1atan To f1 to r lo ati n rly or h ndJ.c th t • th • I • -8- Tenant Notification -- • • • Revenue from the e xist ing transfer tax on all real estate and from the upward r e assess- ment ol' c onvcrl c d l>ulldln~" l~> u~>cd . 6) The Developer is r e quired to mak e an unconditional payment of one month rent to the displaced tenant, two months rent for low income tenants. 7) The Developer is required to presen t a relocation plan. 8) If the tenant 's income qualifies for Section 8 Housing Aasistance, the dev l- op r is r e quired to pay: Geving expenses, a maximum of $300, or one .onths rent, which-ever is greater. Rang s fro~ 60 to 180 days. Tenants with a hardahip are aiven a lo r period of tt.e (low or ~erate inco familiea, ld rly, handicapp d, and t nante with children). So co attar th uniti 1 requi 1 - 2 y conv rlion p r:ait h b n i tie d. I • • - • • -9- Harassment -- Right of First Refusal -- • • - The tcrma of tenancy cannot be alL <.:r-eu, if a tenant has a lease, it must be honor-ed. The tenant is given from JQ--120 days to purchase the unit . Developer gives the tenant 10% -20% off the purchase price. (City Attorney DeWitt is o( the opinion that thJ.t~ con~Ll.LuLct~ a taking if this is a requirement, and would advise the City not to consider such a pro- vision.) The following condominium conversion ordinances have been compiled to e mplify the varioua regula tions in c xiatenc • I • CAL J F'ORH J A Palo Alto, ca . COLOUDO Uotico of F\.&blic HP.1.r tno Optional heariR9 requires 10 day notice tea; heartoa prior to ceocat ive aap approval • • • No tice ot Convcrs~on/Notice c ::ivictiou A. 6lderly B. lu.ndicapped C. Fauilies ~ith Ch~ldren D. Low-J...,_ Yes: 120 days Yea; notice of cooveratoo to esiattaa aod aev teaaota Yes: 90 days V~itte~ oot1ce of coovaratoa •uat b• atvea. upoo racordtaa of dacl arat1oo , aod 1o a l oo • aottca co teralaata taaaocy. Yea ; to daJe Met1ce ef 1ateac te c••••rt l Ac l•••t 110 faye, ~wt eec • ra tl•a• ••• , .... , prier t• r• er4t•• 4••1• actea • 0 A:iQht !O Cont:mo n l (").~("'•,p.:.nC )/ L<!.a..,c bt 'fholOU~/t...: .... !o e H.cnt!h- Ah A. 61d<!rly B. lu.nd>oappcd c. FADllics with ehlldr~n D . Low-I ncoae A. 62 yeaco aod older B. c. Aforeaent1ooed teoaata are provided ao add1t1ooal 6 contha to relocate 90 day lf 1 a the UJie of ~55 Final Rep:>rt:. £ne:wl!X\ for stu:lents to <mplet4! current tena. Cannot teratoate raat4eat1al teoaocy before ax1at1aa le aae esptrea, azcep& with eoa ee ot of tanaot •od developer ; 1A oo eveat lea• thao tO 4 aya , vtthout cauee, ual••• teoaor coaaoot e a od developer p a y o all eovtoa eape•••• er ether aaree4 ceaei4erac1ea . lt olplrha roeoac ~ ha o rtahc ce eattnd fer 120 4•r• after eoclca, lf ••••• ~ .. ,,, •• •etito te fow•lepo Vithie )0 4aye. -· t tef••• •11 , ••• _,, t or l•a•• will ~. r • 4 er torat••t•4 e• ,,. e ,, ac1 oa, •• •e J::l9 h t to ~\; En;oyucnt Arlin. too Ielah to Ill. Skokie , Ill. &:.ton, Mus. • ', So t icc of Pu bl i c H~.H in9 • • • • ~.•uh! ; r.U!L.L! J.l..,, ! :.;o t ice o f Co nver s ion/Not i ce ol Eviction A. Elderly B. H.>ndic~pped C. F~oilie& with Children D. Low-lncc.e Teo; 120 dayo before offer1DI ODJ uait for a ale Yes ; tenants -v r ~:~u l later of: 1 . up>.n tion of r t-; cr 2. ana ~ After writta~ .-ice of tenoinauan of ._ fa. lptliWQr (re: looo-!Dca.a ddlcly and lwdl- Cifii*S -2 ~ rotioe) Ri9ht to Cort :.;,u .._d Occupanc~/ Lca.•c Extcn&l onsft..c•sc R t?n c~or ah A. Elderly 11. H~ndia~pped C. l'uoilies with Children 0. Low-Jnco .. _ -------- !Leaae auto•at ic a ll y ;extended to ead of 120 ,doy aottca portod . A.I.C. req•tre ot leoot 6 •oatha' leaac exteoatoa froo dote of f1ltoa 4eclorot1oo r.1 9ht to Qu J,--~ EnJoya c nt Unit -..y rot be sho.·a without tenant pe%T.U S51C., Wring n9flt to ~ period or 75 c!ays prior tQ end ot lease , '-hl.che\er i s UnJU. • • - • • 0 ~1Qh t 0 1 F1rst f.:£O!Lt3113 l Rioht to Ca n c~l w .. ~:..:~t 100 ~ t-!uv 1no E'uen ~,·~ Uet o.~~\t lOO : Ass1 s ta nc ~ "· lndtVlCiJ.l.} C"-iSt lnO Lease ?uynu .. •nt~ u. Tenant 0 rQ.U1 1=a l••ut C.U.IHJillll .. ... l::.lii.Clus1ve r1oht !or St~te ~y pr ~vide f inanct•l Udio l!.tAr ..:.C t o .. , le•s t oO tJ~y .. fcc. en•ble eligi ble houscr.olds t o ,a c quiti! th(.'. ~ the d•te of issu.ance of dwelling unit. The .assis t•nc~ cay n >t c,..:ec .. .. .. subdivision public 4~ of the pYrch•se puce and it oay not r~port .. on the s.a.:e or reduc e the purch.a scr•s down payccn t 1-elo~o. J:; ""'" favora.bl• terns .as ot th .. tot.al purc.ha s~ price. Add1 t u. .. nall lnttlally offered to the the recipient Dust cor.: r .~oct i hat upon r •s •lc C)e'nera.l public, unles• it will return to the s tAte •n a.count teno~nt 9 1ves prior proportionAte to the percen t.a9~ o t ,a ssist •nct. wrlt ten not1ce of tnt.ent. provided .. (See Al5o, "Protection of Low-not to exercise th~ Modera te lncooe tklusinQ" • ~-) r ight .. Duarte . .... •o <lay a froa tbo Ten1nt or faally uatt lo c •• later of tile co• .. ace-eDtttle:d to oae .... oae -•••t of ••1•• or , ... llalf t1••• 1u aootloly laeuoaco of tile Suit-rent dloldoo Pull lie Ia port Palo Alto , •• 90 ... ,. froa Ita-Oo 30 day a Cal alaaha of ••1•• 01' wrlttea aotica taouaaco of fhal to ........... -. I'OfOI't .. ,. .. ,,. .. aoUca of cea- ..... t ••• COLD U.DO Developer ••1 torwlaace toaaocy 1a h•• tbaa 90 .. ,. u ,.,. ... , coa acata ... ••valopor ,.,. all ...... •••••••• . .. other oared coaoltle r atS.oa . loalolor, C:.lo • ....... C:.lo . ArUaatoa .. uo ... ,. fua llotallu, aoth• o f 1atoat • 111. ,. coavorta 4S ... , ea-.:taua , ...... for t oaaa t•4t a co .. ac I offorha prtca. -:-. • • lLLJIOlS Slldde,n. ... , ... ••••• ~1 9ht of F1 r~t ltefusal A . Ind i vid u al B. :~nA nt O tq A n iz~t !on A. ror 120 daya &fear Notice of 1ateat, rlt~l of firac ref•••l. •• aaae &erae •• la duly eaecu~•• coatract; aay •••rei•• ~J oo£ice v1th1n )0 daya of receipt of aetlce of exftcutloo of coatract ; rec o rd1D& of deed coavey loa uat£. vlt~ etateaeat t~ar teaaat valved t~1• rlaht , eat1aautehea t eaaat'a r lahta la ~Plt, but d oe• aot affe c t teaaat•a clat•. tf aoy , aaalaat laadlord . lO _.. alta" -..nt; .-1-• a:IPr oL full c1bcto.-~ (~npwt) k t Qht t o C.!.ncel E.ltrt.15t i f'Wl Lc o.se ,.. -.twidl .... t:twl lO dllys laftm ~at U.. of notice of ~tto~ -.y~ ~ widl lO dllys tori ttal notice • • • All~la-tD ---"*""" viJI9 s.a:iaa * houailw.J ..aw. Clll dWt of lettar of inlet to ~ is dllll--s. • 0 R~lo c a ti on : A s s is t a nc ~ Paynu.!n t s :.. I • Du art e , Ce . Palo Alto, ca . COL014DO Boulder, Colo . DeDver, Colo. Skokie, Ill. • Relocat ion As.s i&t am::e ?l.a.n& .. • • • Q The aaxiaua price that the Spoaoor aey cb3rge vil l be deteralaed by the Fair Market Value of tbe etructure plue 201 of that r.ir Market Value pluc Cooveraio• Caata, divided by tbe ouaber of uolto ta atruet,are. Liet of teoaata eveile~le. 'i - Pale Alta Ca . .lUl ldinQ Codes A. Inspection B. Co=pli~nce C. Diacloaure I . 1 .. 1. ••t•c,ore r• •l~a4 .. •• • • • f'rnpcrty Rcpor t/'BuildinQ Report A. Condition B. Uoetul life C. EatiaAte of Rep.irs A. ReAl Est&te Ca..isaion •ust ~ provided witb in- foc~Ut i on concernintg the locAt lon of .choola and ~Jr ports, •• well •• provision• for public utilitiee. Sub- divuioa .._ -at aho be filed. Tbe CO..iasioa then i••ued a Pvblic .. port ba•ed oa tbia into.,..tion. A. Peet aa4 eetl rap~!t 1 •PP!•l•a1 •• wetul life A. Peat ra,.n •• llleful llf- •• c. Ob,clo!tu : .:o :-nr PrO!»f)CCtive P\::ch.:uer~ A. Property Report B. Budget C. Lev-&1 Docu:z e nts A. Public R~port aust ~ p:-ovic»d to purch.a.scrs in n ~ subchvis1ons. C. 1. O.Cl.a.r.&t!on of re- strictiona cust be f iled by projec, owners orior to the •.ale ot the f1rst unit. 2. Proapect l ve purchA5er •••Ut be &.upplled •1 th the d«l&rat lon of restric t ions byl ,... •r! \C'l ~• ot in- ~tfect>nv tbt lo t or unit C. At er ~efar a coatract, awot praw14s louy a r vS t~ •• ,, ef ~Yl •v a a a4 ....•... , .. I •• larar taa, ~ylave, ~w4 at, flaer plol • caarract •u•r oat hrtlo uaa•t•' rtalou at flrat refuoel , 0 \:a rr a :1 t1c~ A. C~.>~n Clc::cnt 8. Uni t C. Appli~Ct:'• D. Escrow I. l year ~. 1 , .... ... I • - '.rlt aat oa le1 chta. 111. Skokie, Ill. 3oeto n, "···· • ~u 1ldin c; Cod ~ "'• )nSp<:CtlO» !i. Conpll.AOCt C. D1sc!os.ure C . D~IIClo.i&w A • Inspection I . Poaatb111tJ of val•er re : parktoa • • . . • Prope;:y Repor!;Huild1n9 R"por: A. Co nd1 t ion B. Use!'ul lite C. Est:c&te of RepA ir• A. Co:>.!ltion B. 'JS<!fcl life C. Estirrdt.e o f repairs A. Condition B. Useful life c. Est..ialt.e of repairs • Fel l Disclosure for Pros pcc~ive Purch~5cr s A. Property Report B. Bud9"t C. Leg~l Document• ~. l'ropcrty report 9. Budyet C. F.imJ report. 45 days to closing . A. Kuat be &1Yeo to pt'oepectlve pureheeer before c oatrac.t . a. Budqe t Q ln'ar:-.antic~ A. Co:=on 6l e=cnt B. Unit C. Appli;onc<'• D. 6scrow A.l . P•rcbaaer cuac 11•• vr1ttea ootlce of defect V1thiD 1 Jeer 'of purcbaee . c. l% af aroea leah• price of each ••tt; ••crow for 1 pear. • • • ( llUY ' Pt<OTioC110.~ ?-...:rc ha5ocr-' s RhJht l O Des.i')n/0 ~\l c lopm~nt !:.ta.ndard• Uth crl(o:o""~nt '!lo Can~e l /R es cln~ Co n \r ~ct A. P~r ... 109 II. Aaeni ties c. ~is.e D. Ut i l1t1es E. Other$ CAL.lf0 ~"'1A - Du&rce:, c . Shock aounclng of aec:hanlcal Ca . equ1p:)enc, oolae atandarda . D. Separate aetering for aaa and elec:r1c1ty, equitable abartoa of coccerc tal Vater Deteriaa. E . Lauadry facilltie•• ator•a• apace, laadacape ••1 n ~eaaa ce . Palo c. Houotin& of ae chaa1c al equlpoeot Alto D. Sep a r ate aaa and electric oetar1DI Ca . wat er a but-of f valvca pel" unit COLOiADO loulde r, Colo . Deovcr, Colo. JLLINOl ! If dhcloauu 1ofor•at1oo Developer •tout eecrov DOt pl"ovidad at ceatract, aOJ dapa a h, payoaar c oat race: h woidalola v1t b-... •4•••<•· lla tU io ' daJ• after l aa c ita• cloaha . of iafo.-oatioa raca1Yed or uatll cloe iaa, vllicllawe.- h earlier Arll.nqtcn Ht.a, D. •• lull di a claa11ra rapart 1a tile fhal ....... Oral ..., .... aa ac.ac.t••• are .. , loh4ha •• t11a daYalapar . P11rcllaaara .... dlu e cad u ...... c • plea . l k o ... PuH haaar lo u u ... ,. t o •• •• l . ........... Ill. rev lev 4oc u•••te . lt ••t ... , • r ra c w lllt~ .. c taf1a d haa u ... ,. rra a • • •• 1 , .. , h •ll•hl co reuhd . ••r •tiea a ft•r pre,arc . I 1a11r , . .... .... . ... , lo , .. ,. .... r ,. ... ca•a plCIIOII e iJ • Ud la t •«••l et II lilt ." .. , .. I ce:~tratt. • • - Pa lo Alto Ca . loul Jer, Colo . Vacancy Rate M.a.n J.cua llo coa•ere1oa if 31 or 1•••• ••1••• a1••• • 2/J co~t eppro•al t :uot.l T•• ou•••r of ••ite ie aDJ project ••J eot eac••• 401 of c•• uoic• •••r t•• J I ••c••cJ rete. • • • •' f\oc~oo Con!l>t !.h .... on k~lJlol C t!.:h!O t • Cr ilt'l l.l 10 1 ,;Uil lli V.}} 0 Sc!rlivision Act r.;quires local d<JI'I"-"Y to <Xln&ider t.'>e l-ousing needs of the reqion in r.ditin:j approval. 'nle !ollo."lT.g !actDrs -'••H be ronsider..S : 1. Effect of U~nant cllilplaoe- ll>:!nt in the Cl:llft.nl ty; 2. t'eed for low CXlOit htne o.nershlp: 3. Incre;u;.od vacanc:tes in o specific proJect (~ut Mue~ be coeeieteat vitb coaprabeaatYe plaa lb..s!119 Auth:>ricy to r-.ceiw uo d!' s of <Xlii\'OL-sial ..,·that it lll!;ht hll\ ~cy to~ ..nit foe IW\t:&l t.g - CALI FORI:! A • St.ate fin&nei•l assist.ance (sec ••Rc- loc.ation Assi•tance", supra) i• liait~d to hous~holda: 1. With inco=e .at: or below the cedi An tor the county; and, 2. \o.'hich do not currft>Uy -. a r~oi dence, and b&ve not owned reAl property tor at least 3 years; &nd, l. ~~ich hav• not previously rteeiv.d assiet&nee under thia ch.pter; ~ld, 4. \o.'hich ~uld ~ unable to acquire their dw.lliAQ unit without thia .ass11t.a.nce . • • • R~place~ent of Low and Hoder.ate lncoge Hous.lnQ c • • • • -10- Summary: In summary, in regulating condominium conversions, th e protection of Lill• Ll'nanL, the buyer, and the rights of the property owner need to be addressed. For Tenant Protection: The City may want to consider: l. Requiring a notification of intent to conv e rt to bu given to e a ch te nanL; 2. Requiring a 90-day notice to vacate the property; 3. Requiring a 60-day right of first refusal; 4. Requiring that the terms of tenancy cannot be altered; 5. Requiring reloca tion assistance to the elderly , handicapped and low/mod e rate income families. For these persons, there might be an extension of th e notification period to one year. For Buyer Prote ctio n: 1. Require an Engin r'a Report of the structural and mechanical ayat me; 2. quire a warranty on common ele nta; 3. C rtification that th structure co~li cod a; with bu1ldin , health and tire 4. Require that the unit to b conv rted co~li a with th Co~rehenaive Zonin Ordinanc a to private off-atr et perkins r e quire nta and to •1ni•um floor area requir nta. • I • • c • • • • BY AUTHORITY ORDINANCE NO. SERIES OF 198~3------ A BILL FOR 7/J COUNCIL BILL NO. 9 INTRODUCED BY COUNCIL MEMBER 'f.J:C, AN ORDINANCE PROVIDING FOR THE LICENSING OF GENERAL AND SPECIAL CONTRACTORS, ELECTRICAL CONTRACTORS' REGIST RATIONS, AND PLUMBING CONTRACTORS' REGISTRATIONS, AND ESTABLISHING FEES THEREFOR BY AMENDING THE ENGLE WO OD MUNICIPA L CODE 1969, AS AMENDED, AMENDING ARTICLES I AND II AND BY ADDING ARTICLE III TO CHAPTER 3, TITLE IX. WHEREAS, it is necessary to regulate general, special, electrical and plumbing contractors; and WHEREAS, in order to regulate, it is necessa ry to license said contractors; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: S ecti on 1. Sections 1 , 2 , 3 and 4 of Article I of Chapter 3, Title IX, as amended, are amended and Sections 5 and 6 are added to Artic le I of Chapter 3, Title IX, as follows: AR TICLE I --PROVISIONS RELATING TO CONTRACTORS 9-3-1: APPLICATION Application for a contr ctor 's license, whether general or special, shall be filed wit h he License Offic er or his designee, and in addition to the informa 10n required under Chapter I of this title, shall contain the following in ormation for use in determin- ing qualifica ions of the appli ~ n : (1) Th residence of th applicant, or if the applicant is a partnership, o f e ch of he indlvidual m mb rs of such firm, or if the applic nl ls ro rporat io , of ach of th officers of such corporation and 1 s princip l p e o ! busin ss. (2) The to engag in bus n mergency leph one, (3) sup rvisory sought. (4) Lice se held (5) uch othe r r lev applicant proposes ther of and exp rienc r cord of 11 for the p rticul r license oth r city o r citie and years held. inform tlon s may b required by 1 • I • • • • • • the License Officer. 9-3-2: CONTRACTOR'S LICENSE; EXPIRATION; RENEWAL; PENALTIES (a) The license may be issued by the License Officer upon the endorsement of the Chief Building Inspector determining from the information and references that the applican t is qualified for the type of license sought. (b) In the event the app lication is denied, the applicant may request a review of the app lication by the Board of Adjustment and Appeals. A fee of fifteen dollars ($15) shall accompany this request, which am ount will be returned in the event the Board orders issuance of the lic ense. (c) All licenses, except those which are cancelled or revoked, may be renewed annually upon application and payment of the required renewa 1 fee. (d) Starting work on any pro j ect bef o re the required license has been secured will result in a fifty percent (50\) increase of the license fee as a penalty. this penalty shall be cumulative with all othe r penalties and remedies for the enforcement and collection of such license fees. (e) A change in na me, busin ss designation or personnel of a license shall have the legal effect of ransferring the license and of operating with out a licens • Therefore, all such changes shall be reported by the licen e to the Dep rt ment within thirty (30) days fter ma ing such change. (1) The incorporation or a charg ere ting new 1 1 entity whi ch require one (1) or more s oc hold rs or dir ctor in incorporation a license even though have a license. (2) The organization of a p rtner hip or the change in a p rtnership cr at ing a le al en ity, which requires a new license, even though one (J) or more of th p r rs are licensed . (3) The di elution haa been lie naed •r•lnat • y op rate under u c h llc e. 9-3-3: co • or p rtnerahlp which no indlvldu 1 or fi r I . ( • • • • shall, upon the verified complaint in writing of any person, require the contractor to appear before the License Officer for a h earing upon five (5) days' notice in writ in g, mailed to his last known po st office address, and t he License Officer shall have the power to temporarily suspend or revoke any license if the Licen se Officer shall find by a preponderance of the evidence that the licensee has: (1) Aband oned any contract without legal cause. (2) Diverted funds o r p r o perty rec eived for perf o rmance of a specific contract and applied such fund for any other purpose, or he failed to use such fund s for the performance of said c ont ra ct . (3) Fraudu lently depar ted from o r dis regarded pla ns and/or specificat ions . (4) Willfully and/or deliberately disregarded an y provision of th is Code , or any provision of any secondary code adopted herein. (5) Failed to keep rec o rds of receip ts and disbursement s of his transactions as a contractor and produce same f o r examination by the License Officer wh en requested. permit. (6) Misrepresented a material fact to obtain a license or (7) Done any will ful, fraudulent act as a contractor by which another is substantially ln ·u red. (8) Used his license t~ ~btain p rmits for another. (9) Carelessly or neglig n ly provid d reasonable safety measures for the prot ction of workm n and the public. (10) Fail d or r fused to obt n a per it for any work b fore starting a JOb. (b) If the lice held to deter~in I d nied, under h a provid d in th t a hearing h ould e revoked , susp nded, or c e I o r Il, he procedure sh 11 b thro h 1-7-10 of this Cod • • ( • • .. (d) The Chief Building Inspector may make an emergency suspension of the license o f a c ontra c t o r should the acti o ns o f the cont r actor pose an immediate , se rious and imminent threat t o the heal t h, safety and welfare o f the res i dents of the City of Engl e wood. Such emergency suspens ion shall not continue longer than ten (10) days without a hear i ng before the License Officer. 9-3-4: UNLAWF UL AC TS (a) It shall be unlawful for a ny person to engage in business a s a GENERAL OR SPECIAL contract o r within th e city without having first obtained the appropriate license . 9-3 -5: CONTRA CTORS; DEFI NED (a ) As the word is us ed in t his Chapte r, a •contractor• shall mean a person who undertakes wi th o r fo r a n other to perform any of the o peration con t r ol led by T itl e III of t his Code, for a n y co ~p ens atio n o t h er th a n wa ges . A person who works by the h o ur, ei ther by himself or with on e (1) o r more helpers, when he uses ot he r t ha n ha nd tools i s a "c ontracto r •. An y pers on who perf o rm s any of these o pe rations o n hi s own or othe r pr o perty f o r the p u rpos e s o f spec u l at ion , ex c ep t Group R-3 b uildings and buildi ng s accesso ry ther eto , in te nd ed for his o wn per s onal and permane n t occupa nc y, is a contr a cto r. Permanent occ upancy as herei n d escri bed is for a p r iod of one (1) year or mo re. (b) The p r ovisions o f this Article shall no t apply t o a n own e r ma ing ordinary r pairs t o his ho me or accesso ry build in g s , p r o v ided that he do s the rep ir wo rk h i mself . -3-6: CLASSES AND TYPE S OF CONT RA CTORS ' LICENSES; ANNUAL LICENSE FEE For the purpos o f regulating and licens ing contrac t o r s , such tr d s are divid d into classes as follo ws: Class I : General Cont r cto r s' License , Unlimited . The license sh 11 entitl th hold r o contr ct !or the building , construction , 1 r ion or r ir ng o! n y type or s1~e structure p raitted by this Chap The nnu 1 license fee shall be t wo hu dred dollars ( 200). Class 1 1: General Con tr actors' Licen e , Limit d . The license sh 11 en 1 le h hold r hereo to contrac t for th building , cons true on , al e a ion o r repa i ri n of busindings or structures n hlch th contract price do a not ex fifty thousand d oll ars ( 0 ,0 00). Th nnual lie nse t ah 11 one hund r ed dollars ( 100). Cl •• III: ~o t r Con rae ora' Licen e . The license shell 4 • I • • • • entitle the holder thereof to contract for the building, construction, alteration or repairing of buildings or structu res if the cont ract price does not exceed ten thousand dollars ($10,000). The annual license fee shall be fifty dollars ($50). Class IV: Subcontractors' License. The license shall entitle the holder thereof t o engage in contractin g for labor or for labo r and material involving only one (1) trade or group of related trades, such as the following: masonry, plaster, cement, elevators, roofing, waterp roofing, excavatio ns, heating, ventilat - ing, air conditioning, residing contractors and similar sub- contractors. The annual license fee shal l be thirty-five dollar s ($35). A concrete contractor performing any work on City propert y shall comply with Section 12-2-2 of the Municipal Code by obtainin an annual performanc e bond in the amount o f two thousand dollars ($2,0 00 ). Class V: Special Contractors ' License. The license shall entitle the holder thereof to contract for one (1) particular class of wor k. The annual license fee shall be thirty-five dollars ($35). A sign contractor shall furnish insurance and bonds as required by Section 22.5-ll-f.2 of the Zoning Ordinance . The license for wreck ing shall entitle the holder thereof to deal in secondhand building materials. No wrecking shall be done except by a licensed wre cking contracto r, except that a general cont ractor may wreck minor buildings or porti ons of buildings where such wrecking is a portion of a program of Iteration or remodeling. A general contractor may use excess salvaged materials in o ther work constructed by him , or may dispose of same. Salvaged materials are not to b sold or off red for 1 o he public at the wre cking site. Class VI: Dr inlayers' License. The license shall entitle th holder thereof o lay se w r lin s and to tap to the se wer main, bu t in no cas to perform any plumbing. The fee for such license shall b thlr y-!Jve dollar ($35). Each application for a licens shall be accompanied by a ur ty bond in the amount of one thousand dollars ($1,000) give o indem i y th City against any damage or liabili y it •ay incur a a resul of any act or omission of the lie n ee, his a t, repreaen ativ ploy e. --20 I Ar lcle 11, Ch IX, h h r y of o r R·rtCL 11 LECT ICAl. CO T R ngle wood Municipa l s follows: o conduct , carry on, or o t inatallln , r pl c n , I • • • • or altering electrical wires, fixtures, fixed appliances, or apparatus within the City without first having obtained an electrical contractor's registration certificate from the licensing officer or his designee. 9-3-21: CERTIFICATE --NONTRANSFERABLE No certificate issued under the provisions of this Article II shall be assigned or transferred to any person other than the person to whom it is issued. 9-3-22: CERTIFICATE--APPLICATION Application for an electrical contractor's certificate of registration shall be made on such forms as the licensing officer shall require. Such application must contain information sufficient to establish the app licant's qualifications for a cert ifi cate. The licensing officer may require such other information of an a~plicant as he deems necessary to enforce the terms of this Article II. 9-3-23: QUALIFICATIONS To be qualified to secure or retain an electrical registration certificate, an applicant must be a Master Electrician, currently licensed by the State of Colorado or must designate and have in charge of and responsible for all electrical work, an employee who is a Master Electrician, currently licensed by the State of Colorado. No such employee may be designated for more than one license. Such an employee shall be designated as such in the license application. 9-3-24: CERTIFICATE--TERM A. All contractors' registration certificates issued from the effective date of this o rd in an ce through December o f 1983 will expire on D cember 31 , 1983 . 8. All electrical contractors ' regist rati on s issued after December 31 , 1983 sh 11 expire on the 31st day of D ce•be r of each year . 9-3-25: CERTIFICAT HOLDER--DUTIES to: It hall be the duty of 11 electric 1 contractor registrant A. Retain his M ster Electrician '• license ro• the Sta e of Colorado , or in the alternative, to retain in hi1 e•ploy•ent a 1 te-licenl d Ha s er lectrician. 8. f dta ely notify the City '• Ch ef uilding Insp ctor o ny revocation, susp nslon, or othe r change in the statui o his I • • • • Master Electrician's license or that of his employee designated pursuant to Section 9-3-23; C. Report in writing to the Chief Building Inspector any accident occurring in the course of his trade within the City whi ch results in injury or death to any person or damage to any build ing or structure; D. Provide safety measures and equipment to protect workme n and the public, as necessary; E. Observe all provisions of the Municipal Code; F. Present his license card when so requested by the licensing officer or his author iz ed representative. 9-3-26: LICENSE --REVOCAT IO N, SUSPENSION AND DENIAL The licensing officer may revoke, suspend, or deny a license pr ovided for in this Article if he finds that the licensee is respons ible for one or more of t he following acts or omissions: A. Failure to comply wit h the terms of Section 9-3-23; B. Violation of the term s of Section 9-3-28; 9-3-27: REVOCATIO AND SUSPENSION --PROCEDURE If the licensing officer determines that a hearing should be held to determin if a lie nse should be revoked, suspended, or denied u der the terms of this Articl , the procedure therefor shall be as provid d in S ctions 1-7-1 thro ugh 1-7-10 of this Cod • App al hall be to the Board of Adjustment and Appe ls. 9-3-28: LICENSE P'EES An annual fee of One Hundred Dollars ($100) shall be paid by e ch applicant or license prior o th issuance or renewal of ny license provided for n this Arti cl • --30: I A new Ar tel III is h reby dd d to Chapter 3 of he unlclpal Code, Title IX, to read as follows: AATICL PLUM I G CO Nr ACTO I NG CONTRACTO Ll EN III I R GIST ATION I LICE NSES Ul £0 y p raon o cond c , carry on, or o r eallln of plum in9, or o na 1 7 • • ( (. ( • • • plumbing, in or on any building structure, or land in the City, for an y compensation whatsoever, without first having obtained a plumbing contractor's license from the licensing officer or his designee. 9-3-31: LICENSE --NONTRANSFERABLE No license issued under the provisions of this Article III shall be assigned or transferred to any person other than the person to whom it is issued. 9-3-32: LICENSE --APPLICATION Application for a plumbi ng con tractor's license shall be made on such forms as the licensing o fficer shall require. Such application must cont ai n informatio n sufficient to establ i sh the appl i cant's qua lifi cat ions for license. The licensing officer may require such other information of a n applicant as he deems nece s sary to enforce the terms o f this Article III. 9-3-33 : UAL IFICATIONS To be qualified to secure or retain a plumbing contract or 's license, an applicant must be a Maste r Plumber, currently license d by t h e State of Colorado or mus t designate and have in charge of and be respon sible for all plumbing wo rk, an employee who is a Master Plumber, currently licensed by th e State of Colorado. No such employee may b designated fo r more than one license. Such an empl o yee shall be designated as su ch in the license applicat ion . 9-3-34: CERTIFICATE --TERM A. All plumbing contractors' licenses issued from the effective da e of this o rd in nc through December of 1983 will expire on Dec mber 31 , 1 83. a . All plumbing contractors ' licenses issued after December 31 , 1983 shall expire on lhe 31st da y of December of each ye r. -3-35: I sh 11 b ate-lie LICENSE --DUTIES he u y of 11 lumblng contracto r licensees to: e of pl oyment a y's lie nsing of in the status o his des n ted pursua • y er I • • • • C. Report in writing to the licensing officer any accident occurring in the course of his trade within the City which results in injury or death to any person or damage to any building or structure; D. Provide safety measures and equipment to protect workmen and the public, as necessary; E. Observe all provisions of the Municipal Code; F. Present his license card when so requested by the licensing officer or his authorized representative. 9-3-36: LICENSE --REVOCATION, SUSPENSION AND DENIAL The licensing officer may revoke, suspend, or deny a license provided for in this Article if he finds that the licensee is responsible for one o r more of the fol l owing acts or omissions: A. Failure t o comply with the terms o f Section 9-3-37; B. Violat i on of the te r ms of Section 9-3-33; 9-3-37: REVOCAT IO N AND SUS PEN S ION --PROCEDURE If the li c ensing o ff i cer de te r mi ne s that a hearing should be held to determine i f a license should be revoked, suspended, or denied under th e term s of t his Article , the procedure therefor s hal l be as pr o v id e d in Sections 1-7-1 t h r o ugh 1-7-10 of this Co de. 9-3-38 : LICE NSE --FEES An annu a l fee of One Hund r ed Dollars ($100) s h al l be paid by each a p plican t or licensee prio r to the issuanc e o r renewal of any license provided for in this Ar ticle . S v ranee Clause. If any articl , section , paragraph, sen enc , claus , or phrasP of this ordinance is held to b uncons 1 utional or inv lid for any r ason, such d cision shall not ff ct th validi y or constitution ll y of th reDaining portions o f this ordinanc • Th City Council her by declares th t it would have passed this ordinance and e ch part or part thereof trr spec ive of the fact h t ny one p r or parts b decla r ed invalid or uncons I u tonal. Sect on 5. s vin s nd Repeal Clauses. If any p r ovision o thi o rdlnanc shall b h ld i val d, h re~alnder of the ordinance o th r han those por ions h 1 1 v lid shall not be affected thereby. All laws or part o f 1 wa nd rul s tn conflict with he provisions of his ord na c h reby repealed insofar as he • I • • . . ( • • • • same conflict with the prov1s1ons of this ordinance. All state and federal laws that are in conflict with these provisions and which preempt these provisions by shall repeal these provisions to the extent they are applicable. Introduced, read in full, and passed on first reading on the ~ day of April , 1983. Published as a Bill for an Ordinance on the 6th day of April , 1983. ----------- Eugene L. Otis, Mayor Attest: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy o f a Bill for an Ordinance, introduced, read in ful l, and passed on first reading on the 4th day of April , 1 983. ---- Gary R. Higbee 10 • I • • RESOLUTION NO. 17 SERIES OF 1983 • • • 7f A RESOLUTION ADOPTING FINDINGS OF FACT, CONCLUSION AND DECISION OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, REGARDING CASE NO. 3-8 3. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: WHEREAS, upon the review of the record before the Planning and Zoning Commission, including presentations, reports, field documents and the Findings of Fact of the Planning and Zoning Commission, the City Council of the City of Englewood makes the following findings and conclusions: 1. That proper notice of the public hearing which was held on February 23, 1983, was given by publishing the same in the Englewood Sentinel, the official City newspaper, on Febr uary 2 , 1983. 2. That the property was properly posted for 15 days beginning no later than February 4, 1983. 3. That the application is concerned with an area on the west side of the 4600 Block of South Decatur Street described as: Lot 6, except the West 145 feet thereof, and Lot 7, Block 1, Centennial Industrial Park. 4. That the area with which the application is concerned is to be developed by No b Hill Corporation, Jerry Holzman, President, 6000 E. Evans Ave., Building 2, Suite 234, Denver, CO 80222, and owned by Thomas Lunnon , 6390 w. 56th Pl., Arvada, CO 80002. s. That the application for approval of a Develop•ent Plan for the property described as Lot 6, except the West 145 feet thereof, and Lot 7, Block 1, Centennial Industrial Park, was filed with the Depart• nt of Co mmunity Dev lopment on January 12, 1983. 6. That the objecti ve of Nob Hill Corporation in filing th application for approv 1 of a Planned Develo pment is to construct a ninety-six (96) unit, four (4) building condomini um complex wh ich w ill be situated on the site o • xiaize open space and off-street parking on the prop rty. 7. That of the 96 dwelling unit , 5 4 will be one bedroom units nd 42 will b t wo bedroo• units, with the units ranging from 650 square feet up to 00 square eet. 1 I • • • • ,. • 8. That 163 off-street parking spaces are shown on the De vel o pment Pla n which complies with the minimum parking stand ards set forth in Section 22.5-Sa(lO) of the Comprehensive Zoning Or d i nance . 9. That all of the information required for a Planned Development as required by Section 22.4A-4a of the Comprehens ive Zoning Ordinance has been supplied. 10. That a written statement and all other pertinent in f o rmation were submitted with and attached to the applicati on as required in Section 22.4A-4b of the Comprehensive Zoning Ordinance setting forth that: a. The objectives of the proposed Planned Developm ent is to provide condominium housing to meet the requirements of young married c ou ple s and singl e ind i viduals who are first hom e buyers, and to offer affordable yet spacious li ving for a buyer market which has been virtually overlooked . b. A site plan, floor plans, landscaping plan and elevations are provided which give a graphic interpretat ion of the afore mentioned obj ectives. c . Upon approval of the Development Plan, construction of 48 dwelling units would commence in the S pring of 1983, and the construction of the remaining 48 dwelling units would commence at the end of Augus t, 1983 , with completion of the entire pr oject planned for Febru ary, 19 84. 11. That both pre-application and post-applicati on conferences were held between representatives o f the applicant and staff members of several departments of the City of Englewood to conside r preliminary plans submitted with the application; as a result of which conferences re v isions were made t o the preliminary plans, which revisions are reflect ed on the final Development Plan su bmitted at the February 23, 1983 meeting of the Planning and Zoning Commission. 12. That the City Engineer of the City of Englewood has approved the drainag plan, curb, gutter nd driv way surfacing as show on the final Developm nt Plan. 13. That the City Engineer requires four-toot (4') sidewa lk b loc ted behind the cu rb along South Dec tur Street, which sidewalk shall b incorporated in the final D velopaent Plan before it Ja referred to the City Council . 14. That private utilities, water and sewer service are av ilable to a rve he proposed condominiu•s. 2 • I • • • • 15, That the applicant's proposed development meets with the requirements of the Comprehensive Zoning Ordinance as to density, permitted use and off-street parking requirements, and is also in accordance with the Comprehensive Plan. IT IS HEREBY DECIDED that this Council approves the Planned Development application for Case No. 3-83, ADOPTED AND APPROVED this 4th day of April, 1983, Eugene L. Otis, Mayor Attest: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate, and complete copy of Resolution No. _____ , Series of 1983. Gary R. Higbee 3 I • • RESOLUTION NO. 17 SERIES OF 1983 • • 7[ A RESOLUTION ADOPTING FINDINGS OF FACT, CONCLUSION AND DECISION OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, REGARDING CASE NO. 3-83. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: WHEREAS, upon the review of the record before the Planning and Zoning Commission, including presentations, reports, field documents and the Findings of Fact of the Planning and Zoning Commission, the City Council of the City of Englewood makes the following findings and conclusions: 1. That proper notice of the public hearing which was held on February 23, 1983, was given by publishing the same in the Englewood Sentinel, the official City newspaper , on February 2, 1983. 2. That the property was pr o perly posted for 15 days beginning no later than February 4, 1983. 3. That the application is concerned with an area on the west side of the 4600 Block of South Decatur Street described as: Lot 6, except the We st 145 feet thereof, and Lot 7, Bl oc k 1, Centennial Industrial Park. 4. That the area with wh ic h the application is concerned is to be developed by No b Hill Corporation, Jerry Holzman, President, 6000 E. Evans Ave., Building 2, Suite 234, Denver, CO 80222, and o wned by Thomas Lunnon , 6390 W. 56th Pl., Arvada, CO 80002. 5. That the application for approval of a Development Plan for the property described as Lot 6 , e xcept the West 145 feet thereof, and Lot 7, Block 1 , Centennial Industrial Park, was filed with the Department of Community Development on January 12, 1983. 6. That the objective of Nob Hill Corporation in filing the application for approval of a Planned Development is to construct a nin ty-ix (96) unit, four (4) building condominium complex which will b situ t d on the sit to m ximiz open space and off-street parking on the property. 7. That of th 96 dw lling units, 54 will be one bedroom unit and 42 will be two bedroom units, with the units r nging fro 650 squ re feet up to 900 squ re feet. 1 • I • - • • • • 8. That 163 off-street parking spaces are shown on the Development Plan which complies with the minimum parking standards s et forth i n Section 22.5-Sa(lO) of the Comprehensive Zoning Or dinan ce . 9. That all of the information required for a Planned Development as required by Section 22.4A-4a of the Comprehens i v e Zo ning Ordinance has been supplied. 10. That a written statement and all other pertinent i nformation were submitted with and attached to the applicati on as r equired in Section 22.4A-4b o f t he Comprehensive Zoning Ordina nce setting forth that: a. The ob j ectives o f the proposed Planned Devel o pmen t is t o pr o vide c o nd omini um housin g to meet the requirement s of y o ung marr i ed c o uples and sing le in d i vidua l s wh o are first hom e buye rs, and to offer af f ordable yet spaci o us l iving for a buyer market which has been v i r t ual l y ov e rl o oked. b. A site plan, fl o or plans, landscaping plan and elevations are provided which give a graphic interpretation of the afor eme n t i oned o b j ectives. c. Upon approva l of t he Development Plan, construction of 48 dwelling units would commence in the Spring of 1983, and the c on stru ctio n o f the remaining 48 dwel l ing units would com~e nce at t he e nd of Augu s ~, 1983 , with co mplet io n of the entire projec t p l a nn e d f o r Febru a ry, 19 84. 1 1. That both pre-application and post-application conferen ce s were held between representat i ves of the applica n t and staf f members of several departments o f the City of Englewood t o consid er p reliminary p l ans s ubm i tted wit h the applicat io n; as a resu lt of which confe r ences r e v isions we re made to the pre li minary p l a ns , which r e v isions a r e r eflected on the final Development Pla n s ubmitt ed at th e Fe b r uar y 23 , 1 9 83 me eti ng of the Planning and Zoning Co mm ission . 12. That the City Engineer of ~he City of Englewood h a s approved the drainage plan , curb, gutter and dr i v e way su r f a cing as shown on the final Developm nt Plan. 13. That the City Engineer requir s a fou r -foot (4 ') sidewalk be located behind the curb along South Decatur Street, which sidew lk shall be incorporated in th final Dev lopm nt Plan fo r 1t i s referred to the City Council. 1 • v lla b l Th t private utiliti o rv h propo d s, wat r nd e wer servic condominiuMs. 2 are I • • • • • • 15. That the applicant's proposed development meets with the requirements of the Comprehensive Zoning Ordinance as to density, permitted use and off-street parking requirements, and is also in accordance with the Comprehensive Plan. IT IS HEREBY DECIDED that this Council approves the Planned Development application for Case No. 3-83. ADOPTED AND APPROVED this 4th day of April, 1983. Eugene L. Otis, Mayor Attest: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex offici o C i ty Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate, and complete copy of Resolution No. , Series of 1983. Gary R. Higbee 3 • I • • RESOLUTION NO. 17 SERIES OF 1983 • • .. 7f A RESOLUTION ADOPTING FINDINGS OF FACT, CONCLUSION AND DECISION OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, REGARDING CASE NO. 3-83. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: WHEREAS, upon the review of the record before the Planning and Zoning Commission, including presentations, reports, field documents and the Findings of Fact of the Planning and Zoning Commission, the City Council of the City of Englewood makes the following findings and conclusions: 1. That proper notice of the public hearing which was held on February 23, 1983, was given by publishing the same in the Englewood Sentinel, the official City ne wspaper, on February 2, 1983. 2. That the property wa s properly posted for 15 days beginning no later than February 4, 1983 . 3. That the application is concerned with an area on the west side of the 4600 Block of South Decatur Street described as: Lot 6, except the West 145 feet thereof, and Lot 7, Block 1, Centennial Industrial Park. 4. That the area with which the application is concerned is to be developed by Nob Hill Corporation, Jerry Holzman, President, 6000 E. Evans Ave., Building 2, Suite 234, Denver, CO 80222, and owned by Thomas Lunnon, 6390 W. 56th Pl., Arvada, CO 80002. 5. That the applicati on for approval of a Development Plan for the pr o perty described as Lot 6, except the West 145 feet thereof, and Lot 7, Block 1, Centennial Industrial Park, was filed with the Department of Co mmunity Development on January 1 2 , 1983. 6 . That the objective of Nob Hill Corporation in filing the application for approval of a Planned Development is to construct a ninety-six (96) unit, four (4) building condominium co mplex which will be situ ted on he site to maxi iz o pen pa c nd off-street parking on th prop rty. 7. That of th 96 dw lling unit , 54 will be one bedroom units and 42 will b two bedroo• units, with the unit r nging from 650 squ re feet up to 00 squ re feet. l I • • • • .. .. 8. That 163 off-street parking spaces are shown on the De velopment Plan which complies with the minimum parking standards set forth in Section 22.5-Sa(lO) of the Comprehensive Zoning Ordi na nce. 9. That all of the information required for a Planned De velopment as required by Section 22.4A-4a of the Comprehensive Zon ing Ordinance has been supplied. 10. That a written statement and all other pertinent info rmation were submitted with and attached to the application as required in Section 22.4A-4b o f the Comprehensive Zoning Ordinance setting forth that: a . The objectives of the pr o posed Planned Developmen t is to pr o vi de condomini um housing to meet the requirement s of young mar ri ed couples and singl e individuals wh o are first home buyer s , and to off er af fo rdable yet spacious living for a buyer market which has been virtually overlooked. b. A si te plan, floor plans, landscaping plan and ele vat ions are provided which give a graphic interpretation of the afore me ntioned objec tives. c . Upon approval of the Development Plan, construction of 48 dwelling units would commence in the Spring of 1983, and the const ruct ion of the remaining 48 dwelling units would commence at the end of Augusc, 1983 , with completion of the entire project planned for February, 19 84. 11 . That both pre-application and post-application confer e nc e s were held between representatives of the applicant and sta f f members of several departments of the City of Englewood to consi der preliminary plans submitted with the application; as a result of wh ich conferences revisions were made to the preliminary plans, wh ich revisions are reflect e d on the final Development Plan submitted at the February 23, 1983 meeting of the Planning and Zoning Commission . 12. That the C1ty Engineer of che City of Englewood has approved the drainage plan, curb, gutter and driveway surfacing as shown on the fin 1 Development Plan. 13. Th t the City Engineer requir s a four-foot (4') s dewalk b located behind th curb along South Decatur Street, which sidewalk shall b incorporated in the final Development Plan b for it referred to the City Council . 1 • Th t privat !1 bl~ t • rv h , wat r and se wer service are condominiums. 2 • I • -• • • 15. That the applicant's proposed development meets with the requirements of the Comprehensive Zoning Ordinance as to density, permitted use and off-street parking requirements, and is also in accordance with the Comprehensive Plan. IT IS HEREBY DECIDED that this Council approves the Planned Development application for Case No. 3-83. ADOPTED AND APPROVED this 4th day of April, 1983. Eugene L. Otis, Mayor Attest: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate, and complete copy of Resolution No. _____ , Series of 1983. Gary R. Higbee 3 • I • • - P R 0 C L A M A T I 0 N WHEREA S , Colorado libraries serve cit iz ens of all ages in every community of the S tate of Colorado ; and WHEREAS, industry , business and government benefit from the human , mate ri al , and technological r eso ur ces of tile li!Jr,Jries ol the State of Colorado; and WHEREAS, Colorado libraries play an integral role in meeting the fo r mal and informal educational needs of children and adults; and WHERE AS , the City of Englewood library provides e xcell ent services to its citizens; NOW , THEREFORE , I, EUGE E L. OTIS , May o r of the City of ~ng wo od , Color do , do he reby proclaim April 17 -23 , 983 s COLORADO LIBRARY WEEK in Englewood . 4th d y o Apr , 1 83. ,. ( ( Dl~'il ~ICl COUln' cou:a y OF f..i{/IP /..JlO!~ ~..-.. ·,\'il.: OF COL ORr\D O • • • 7!:1 Ca s e No. 8~C RJ16~ ·------·----·-·--··----- OPINIO N Atm RUJ.HIG PEOPLE OF TEE STA7E OF COLORADO , BY AND ON EE.l iALF Of TliE CITY OF ENGLEviOOD , PlRinti f f-App ell nn t, VS . FRA i~l~ l!CLAUG li L ill, Defcndant-l .pp ell<:c •. THIS !-lA TTER came on for consideration of an appeal f rom the :·!unicipal Cour t of t h e City of Englewood, plaintiff-appellant re pre- sented by John R. Olsen , Assis t ant City Attorney and the defend ant- ap p e l le e r ep r e s ent e d by Peter H. Ney , Esq. Th~ Court has consi der ed the r ecord c er t ifi e d t o t h i s Court a nd th e brief s of the Pa rtie s, an d , be ing full y advised i n t he premis e s, &ow issues th e fo ll~win g : OPI 1 0. 'he defend nt wus ch r gcd in the l!unicip a l Cour t: with a violat on of S c . 9-10-1 of t.hc Revised Code of t h e City o f Enr,lc- liOOd, 1969, ns .lr,cmdcd, for opcrntinK tul adult ctH"ertrdntr.t•nt cLtn- blishr.1ent uitho t a 1 c nae. 1ha defe nd nt f i led Q morion in which he chn11 need ~8 vncu and anbiguous t d finitiona1 subsection of th cod , i.e ., 9-0-2 (c ). In c ond motion th d f nd nt cha11 nu d •• unconac cut. on 1 t h e. p rov ona of Ill ctlon 4 (b) (•i~) of chapt r 9-10 . A h aring on th d f ndant'a motion• waa conducted by ch court:. :o vid nee w apr a r,t d. Th tri 1 court, au apont:o, -1- • I • • • • de:cl:.~:-ed the following sections of the code to be unco nr.t:itut iot~<tl: 9-10 -2 (i) 9-10 -3 (a)(3 ) 9 -10-'j (<t ) C.i ) 9-10 -3 (a ) ( 9) 9-10-3 (a)(lO) 9-10-3 (a)(l2) 9-10-4 (a) (2) 9-10-4 (a)(3)(4)(5) 9-10-8 (o) (4) 9-10-19 (a) The trial court further ruled that section 9-10-4 (b) was un con st:i tutionu1 and tha t: oc ction 9-10-1 was unconstit:u Lion a1. The trial court r1.1led that the defendant had standing to fac i ally c hal - lenge the ord i nan ce unde r t h e First h nendment. The tri al cou r t di s - mi ssed t h e c harg e against t h e defen d ant. Absont a challenge and standinB by the dofvndant, n sun sponte declarat i on o f invalidity of se ctions o f an ord i nance by a trial' court: is e rror, 1'1..op1e v . Stage, 195 Colo. 110, 112 (1 978), People v . Seguin, 199 Coo. 381, 384 (1980). t. dt:fc:ndnnt: to wl om ordinance m y co n !l t:i t ut i on t111~ be app i cd uill not be perm ' tted to chnllcmgo tl L or d i n :mco n s ovorLroacl, xcept it~ Fi:-st Amend .. nt cases, where an overbroad o rdinance mc.y dioco~.:t·r.l.j or "chi l " person .. fro. cxcrcis ng their l~irst: Amcrtdmcnt rights, VlJ ~o~t 4'64 City RE~d~~~~-~~~~ L 636 P .2d 672 (19 1) nsa, 195 Colo. 44 (1978), 622 P.2d 542 (1981), Marco P.2d 982 ( 981), (1981), !:!.gy v Peo L£, An ord n~nce ov r road only if it 1 po iaaibly proacrib orr u1 c a con ~itution lly protected e x prea a ion, CitY of L k wood v---. . ...;;C;.;:;o..-l.;...h;;..;Y...:;.....;:==:;.-;.::..::....:;..;.;:;.;:;.....;..;..;..L....:;.::.:.· , 6 34 P • 2 d 52 ( 19 81) . Con rc 1 al -2- • I . • • ,. • as v1ell as ideological speech is protected by the Fi.rst i\r:wncl nll'nt ·. Id . ( at 57. Although con~ercial speech is ent itled to First Amend menL protection, there is a distinction between speech propoRinc n coln- mercial transaction, which occurs in an area traditionally subje ct ( • to government regulation and other varieties of speech, ~.~g~j-~. supra. The distinction allo¥7S more extensive reBulad.on of com merci.:1l speech than of non-comme rcial speech . '•td. at 6 77-6 78 . A court should determine, as a threshold matter, whether an ordinance is substantially overbroad , befo re n litiwnnt is pcnnlttcd to assert facial unconstitutionality of the ordinance, i .e. creo ating a chilling effect on the freedom of express~on of persons not before the court, Parra ck v. Town of Estes Par!~, supra . Hot every ordinance which dctc~s protected speech is substantially overbroa d. Id. at 1017. Th e te s t of substantial overbreadth is wheth er the plainly legit~mat e s•~eep of the ordinance is of greater significnnc a thEm nny ma rgin iil chilling ~ffect iL may have on . protected speech . Id. The doctrine of overbreadt h is reserved for those .defendants uhosc speech is at the f ringes of that activity which the orc\inance is designed to regulate, People v. \J eks, 197 Colo . 175 (1979). !host ~~rendants who§ ~peech is centrAl to the interests which the ordinance seeks to prot ct and is clearly of a type re gulated by the ordinance in qu scion c nnot tt clt th ordinance as overbroad. Id . They must damonsl:r a t e t h nt tho ordinonc is unconatitucional s appli d to th m. Id. Ord nanc s ra pr sum d to be valid, and on assailing th m b ars the burd n o( ov rcoming that presumption by proof th t th ordinancu is inv 1 d b yond r sonable doubt, VF\~ Post 4264 v . St anboat Springe, supra. Th r cord c rtifi d to th Court ia d void of any vid nc~ ·3· • I • • - ( • • • • • that: in the operation of an adult entertainment: establishment: t:lll:! swct!p of the ordinanct! hus ,.-,ore than a ma rginally chilling cffct:t: on prot:ccte d speech. The defendant has not dcmonst:rated in the rec or d chat lw has st nndin~ t:o assert: a f acia l challenge t:o thu onlinnncc vis-a-vis a challenge that the ordinance is unconstitutionally applied to him . The defenuant has not shown that•,he is subject to the proscr ip- tions of the ordinance or that in the conduct of his business he has an interest that is legally protected . He has f ail ed to show in the record that the ordinance is in- valid beyond a reasonable doubt. RULING Th e declarations by the trial court: of the unconstitution ality of chapter 9-10-1, et. seg. of the Revised Code of the City of Enalc- \oiOo d , 1969 , as amended, arc reyersed . This nat:c:er is remanded to the MunicipAl Court of ·the City of ~nglewood with directions to reinstate the complaint agiinet the defendant and to conduct further proceeding• consonant with the viowa expressed in this opinion. DO:~E this :)(i.Jv day of Harch, 1983. BY THC COURT : -4- • I • - • • • • RECEIPT In the month of September, 1981, General Iron Works conveyed to the City of Englewood, Colorado, a sewer line easement. Pur- suant to said agreement recorded at page 533 of Book 3562 of the records of the Clerk and Recorder of Arapahoe County, Colorado. The parties were to agree on consideration for said easement based on appraisal. An appraisal having been completed and the value of the easement in the amount of Thirty-five Hundred Dollars ($3,500) being agreed upon by both parties, the parties acknowledge payment of Thirty-five Hundred Dollars ($3,500) and receipt of the same completing this agreement. Signed as of the ~day of __ ~~~t.~t~~~t~-·~A_v ______ , 1983. GRANTOR: GENERAL IRON WORKS CO. Attest: GRANTEE: CITY OF ENGLEWOOD, COLORADO c I : By-=------~~~--~~-----Eugene L. Ot1s, Mayor Gary R. Higbee, ex officio Ci y Clerk-Tr asur r ST.I\TL. OP COI.OR./\00 CO TY OF AR.I\PAHO by Cl y co •• on sa. hl"fnrc ml" as M yor h Ci y • c , ')8 C1 y 1, !ngl wood, CO , I • - r • • • STATE OF COLORADO ss. COUNTY OF ARAPAHOE Acknowledged before me by K. c. Stephens as Presiden t and Sharon Duckingham as Secretary of General Iron Works Co. this 23 ·•.r 1 day of J/i cF/,1 , 1983. Notary P lie Y Address: F. .J_,.~J· J My Commission expires: t::!' ,..~ ,, .... ,,,../. • • • • .. • RESOLUTION NO. 18 SERIES OF 1983 A RESOLUTION AMENDING THE GENERAL FUND. WHEREAS, the City Council of the City of Englewood wishes to develop a City Brochure, and WHEREAS, the funds necessary to provide for this Brochure were not budgeted in the 1983 Budget; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGELWOOD, COLORADO, that 198 3. ATTEST : Section 1 . The following appropriation of funds is hereby mad e in the General Fund . Source of Fund General Fund Balance $21,618 Appropriat i on City Council $21 ,618 Section 2 . The City Manager and Director of Finance are hereby authorized to make the above changes to the 1983 budget of the City of Englewood. ADOPTED AND APPROVED this ___ day of Mayor x officio City Clerk-Tre surer I • • • • • • RESOLUTION NO. 18 SERIES OF 1983 A RESOLUTION AMENDING THE GENERAL FUN D. WHEREAS, the City Council of the City of Englewood wishes to develop a City Brochure, and WHEREAS, the funds necessary to provide for this Brochure were not budgeted in the 1983 Budget; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGELWOOD, COLORADO, that 1983. ATTEST : Section 1 . The following appropriation of funds is hereby made in the General Fund . Source of Fund General Fund Balance Appropriation City Council Section 2. $21,618 $21,618 The City Manager and Director of Finance are hereby authorized to make the above changes to the 1983 budget of the City of Englewood. ADOPTED AND APPROVED this day of------ Mayor x o ff icio City Cl • I • • - • RESOLU TION NO. 18 SE RIES OF 1983 • • • A RESOL UTI ON AMENDING THE GENERAL FUND. WHEREAS, the City Council of the City of Englewood wi she s to develop a City Brochure, and WHEREAS, the fund s neces s ary to provide f or this Brochure were not budgeted in the 1983 Budget ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGELWOOD, COLORADO, that 1 983. ATT EST : Section 1. The following appropr iat ion o f f und s is her eby ma d e i n the General Fund . Source of Fund General Fund Balance $21,618 Appropriation Ci ty Council $21 ,618 Section 2. The City Manager and Director of Finance are hereby authorized to make the above changes to the 1983 budget of the City of Englewood . ADOPTED AND APPROVED this day of------ Mayor ex officio city clerk-fr • I • • \ • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJECT March 31, 1983 8o-CITY BROCHURE INITIATED BY City Manager ACTION PROPOSE D __ ~C~i~t~y~C~o~uwn~c•i•l~a~p~p~r~ouv~e~a~1Al~o~ca~t•iwo~n~o~f~S~2~1~6~18~f~our~p~r;o~d=u~ct~i~o~n~-- of a City Brochure. Background The Planning & Zoning Commission in 1982 listed as one of ita prim objectives production of a general distribution brochure to promote the City of Englewood. To further that objective, a committee was formed in mid-1982 consisting of Mayor Otis and representatives of the Planning & Zoning Commission, Downtown Development Authority, Chamber of Commerce and the Englewood Public Schools. Profea ional artist-designer Emelene Russell agr ed to prepare a tentativ layout for an eight-page four-color brochure and to compile a list of estimated cost Those coata included fees for design, photography, and printing. Text for th brochure and general production s upervis ion are to b provided by the City's Public Relations Specialist. Ms. Russell has an ext naive background in deaigning brochures, advertis menta and special promotional pi ces. She will be r aponaible for the graphics and design of th brochure. Durin& a City Council study esaion on March 21, 1983, Council revi w d a draft of th tex and estimated coata for the brochure. At that time, Council asked th t a reaolution be prepared to appropriate funda for th project. Rec0111111endat1on City Council approv d allo ation of $21,618 for production of a City Brochur . • I . • • • RESOLUTI<X' IIG . SERIES OF 19eS A RESOLUTICB .-miBG THE GENERAL FUND. WHI...S, the City Council of the City of Englewood wishes to develop a City Brochure, and WREIZAS, the funds necessary to provide for this Brochure were not budgeted in the 1983 Budget; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EMGELWOOD, COLORADO, that 1 983 . ATTEST : Section 1. The following appropriation of funds is hereby made in the General Fund. Source of Fund General Fund Balance Appropriation City Council $21 ,618 $21 ,618 Section 2 . The city Manager and Director of Finance are hereby authorized to make the above changes to the 1983 budget of the City of Englewood . ADOPTED AND APPROVED this ---day of ------ Mayo r ex officio city Clerk-tr aaurer • I • • - • • • • • RESOLUTION NO . 19 SERIES OF 1983 A RESOL UTION AMENDING THE GENERAL FUND. WHEREAS, the Englewood Urban Renewal Authority adopted a 1983 nudget on September 1, 1982, and WHEREAS, The City Council of the City of Englewood desires to provide funding for the Englewood Urban Renewal Authority, and WHEREAS, the Englewood Urban Renewal Authority has requested funds for the 1983 Budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, that 198 3. ATT EST : Section 1. The following appropriation of funds is hereby made in the General Fund. Source of Fund General Fund Balance Application of Funds City Council Aid to Other Agencies (Englewood Urban Renewal Authority) $50,000 $50,000 Section 2. The City Manager and Director of Finance are hereby authorized to make the above changes to the 1983 budget of the City of Englewood. ADOPTED AND APPROVED thi s day of Mayor x officio City Clerk-Treaaur r • I • - • • • • RESOLUTION NO. 19 SERIES OF 1983 A RESOL UT ION AMENDING THE GENERAL FUND. WHEREAS, the Englewood Urban Renewal Authority adopted a 1983 Budget on September 1 , 1982, and WHEREAS, The City Council of the City of Englewood desires to provide funding for the Englewood Urban Renewal Authority, and WHEREAS, the Englewood Urban Renewal Authority has requested funds for the 1983 Budget. 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 General Fund. Source of Fund General Fund Balance Application of Funds City Council Aid to Other Agencies (Englewood Urban Renewal Authority) $50,000 $50,000 Section 2. The City Manager and Director of Finance are hereby authorized to make the above changes to the 1983 budget of the City of Englewood . ADOPTED AND APPROVED this day of Mayor x officio City Clerk-Tr urer • I . - • • • • RESOLUTION NO. 19 SERIES OF 1983 A RESOLUTION AMENDING THE GENERAL FUND. WHEREAS, the Englewood Urban Renewal Authority adopted a 1983 Budget on September 1, 1982, and WHEREAS, The City Council of the City of Englewood desires to provide funding for the Englewood Urban Renewal Authority, and WHEREAS, the Englewood Urban Renewal Authority has requested funds for the 1983 Budget. 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 General Fund . Source of Fund General Fund Balance Application of Funds City Council Aid to Other Agencies (Englewood Urban Renewal Authority) $50,000 $50,000 Section 2. The City Manager and Director of Finance are hereby authorized to make the above changes to the 1983 budget of the City of Englewood. ADOPTED AND APPROVED this ___ day of M yor • I . • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJECT March 31, 1983 8b Resolution Amending the General Fund INITIATED BY City Manager ACT 1 ON PROPOSED Approve resolution transferring funds from General Fund Balance to City Council Aid to Other Agencies. Background The City Council during their budgetary revi w of the 1983 budget approved a request from the Englewood Urban Renewal Authority for $50,000. This bud get request included the following: Personal Services $ 1,541 Co_,dities $14 ,810 Contractural Services $33 ,649 This amount was to b appropriated to th Engl wood Urban Renewal Authority from the City Council's unappropriated r s rv account. The attach d reaolution would tranafer the funds n c aaary for th EURA to fund op rational coata. Th t th City Council approv th att ch d r aolutton tra f rrtn n ral Fund lal nc to City Council Aid to 0 h r A nciea tor u Urb n R n wal Authority for op rational exp n a. funda by tb I . - • RESOLUTION NO. /q SERIES OF 198 3 • • • A RESOLUTION AMENDING THE GENERAL FUND. WHEREAS, the Englewood Urban Renewal Authority adopted a 1983 Budget on September 1, 1982, and WHEREAS, The City Council of the City of Englewood desires to provide funding for the Englewood Urban Renewal Authority, and WHEREAS, the Englewood Urban Renewal Authority has requested funds for the 1983 Budget. 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 General Fund. Source of Fund General Fund Balance Application of Funds City Council Aid to Other Agencies (Englewood Urban Renewal Authority) Section 2. $50,000 $50,000 The City Manager and Director of Finance are hereb y authorized to make the above changes to the 1983 budget of the City of Englewood . ADOPTED AND APPROVED t h is ___ day of ------ Mayor x off icio City Cl • I . • • • • RESOLUTI ON NO. ~ SERIES OF 1983 A RESOLUTION AMF.NOJNC 111F. PUDLIC JMl'ROVF.MF.NT FUNO. WHEREAS, the City Council of the City of Englewood, Colorado adopted the Englewood Downtown Redevelopment Plan on August 23, 1982, and WHEREAS, the City Council of the City of Englewood determined that any property acquisition and related activit ies necessary for the implementation of said Plan should be accomplished by the Englewood Urban Renewal Authority, and WHEREAS, the Englewood Urban Renewal Authority has requ ested th<! transfer of $54,500 to be utle<.l fur Lhe relocation of Lhe hou se aL 37CJ7 South Clarkson Street and for the payment of relocation benefits to present tenants; and WHEREAS, an addit ional $245 ,500 is requested for acquis ition of small parcels of right-of-way between South Broadway and South Clarkson Street, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Englewood, Colorado, that: Att aat: Section 1. The following appropriation of funds ia hereby made in th Public Improveme nt Fund, Application of Funds. Littl Cngl Dry Creek ood Urban R n wal Authority S ction 2, $(300 ,000.) $ 300,000, Th City Manager and Dir tor of Finance ar hereby authori~ed to ake the above changea to the 1983 budget of the City of Enal ood. ADOPTED AND APPROVED TIIIS ,-----day of -----· 19 3. Mayor Ea-oft1c1o City Clerk-Tr aeurer • I • RESOLUTION NO. _5_ S<.!ri<.!S or 1981 • • • CIT Y OF ENGLEWOOD, COLORADO URBAN RENEWAL AUTHORITY A RESOLUTION OF THE URBAN RENEWAL AUTHORITY REQUESTING CITY COUNCIL TO TRANS- FER MONIES FROM THE PUBLIC IMPROVEMENT FUND TO THE AUTHORITY FOR THE RELOCA- TION OF THE HOUSE AT 3767 SOUTH CLARKSON STREE T AND FOR THE PAYMENT OF REL OCA - TION BENEFITS TO THE DISPLACEES AT THAT ADDRESS. WHEREAS, The Urban Renewal Author i ty and the City of Englewood have adopted a Downtown Redevelopment Plan (Ur b an Renewal Plan); and WIIEREA S , (;iLy Co un c il has i nd lc uu,cJ Lha L Lhc Uruan lluncwa l Au t hurlLy shou l d have pri mar y resp onsibi l ity f o r i mpl e mentation of the Downtown Re- development Plan (Urban Re newal Plan); and WHER EAS , the prope rt y at 376 7 South Clarkson Street has been a cqui r ed by the Urban Ren ewal Au tho r i ty for fl ood c on t r ol p urposes in conformance with the Pl an; and WHEREAS, preliminary i n spections indicate the finan cial fca~lblllty of rel ocating the r esiden tial st ructur at 3767 So uth Clarkson Street a nd rese lling it t o recoup purchase expendi t ur s; a nd WH EREAS, pr l•mlnary r view or doc nts sub11itted by th r dc n to, o f t he s truc ture referred to above indicat their eligibility for r elocation b ene fits in accordance wirh th Plan '; and WHERE AS, bonds hav not, a y t, b n i ued by th Urban R ncwal Author i ty to fund property acq uiai tion, pub lic i mprovement a, and. other c- t tv ities r l a t ed to the Do wn t own Re d v l opm nt Pr oj ect. NOW, THEREFORE, BE IT R SOLVED by th City o f Engl wood Ur b n R - newal Authority as followa: Section 1. Th Englewood Urb n n w 1 Auth rtty r qu ata th Enal ood City Council to tr nafar funda in th .aunt of $~2 ,000 fr011 th City Puhllc Tm1 rov nt und to th lluthorlty for the r lo tion of th raaid nt1 1 atru tura at 3767 ouch Clarkaon t r e . Sect on • I • • • • • -2- -:-? /:1/ ~ / APPROVED AND ADOPTTm THIS _ _d__j_ day of ·-J!/~t_.,!_ __ , 19BJ. ATTEST: Susan Powers Ex ucuLl vu SccruLury Motion by: _____ M_e_l_v_i_n __ M_inn __ i_c_k ____________________________________________ _ Seconded by: Thoma R. Fitzpatrick Voting in F vor: Melvin Minnick, Lawrence Novicky, Robert J, Voth Ruth Cole, Thomas R. Fitzpatr ick Voting in Oppoaition : Larry Dic kinson --~~~~~------------------------- .. Members Ab sent: __ ~~·~P~·-M~c~C_l_u_n~gL----------------------------------------- M mber• Abstainina: ____________________________________________________ __ I . • • • IU::SOLU TI ON NO, _1Q__ SERIES or 1983 A f<ESOJ.U'J'lON AMP.ND1NC TilE PUlll.lC JM l'l\OV EMI\N'I' FUND. WHEREAS, the City Council of the City of Englewood, Colorado adopted the Englewood Downtown Redevelopment Plan on Augu st 23, 1982, and WHEREAS, the City Council of the City of Englewood determined that any property acquisition and related activities necessary for the implementation of said Plan should be accom pllshed by the Englewood Urban Renewal Authority, and WHEREAS, th e Englewood Urban Renewal Authority has requ ested LhL Lruu,lta uf $~'•.~00 Lube u,;cJ [ur Lhc rcluc.1tiun uf Lhc huu"'· .tl J/IJ7 South Clarkson ~Lreet and for th pay.ne nt of relocation benefits to present tenants; and WHEREAS, an additional $24 5, 500 is requested for acquisition of small parcels of right-of -way between South Broadway and South Clarkson Street. NOW, THEREFORE, BE IT RESOLVED by th City Council of the City of Engl ewood, Colorado, that: ALt L : Section 1. The follo wing ppropriat on of funds is hereby made in th Pub l c Improvement Fund. Applic tion of Funds. Littl Dry Creek $(300 ,000.) $ 300,000. rngl ood Urb n Ren wal Authority s ger nd Dir tor of Finance are hereby authorized bove chana a to th 1983 budget of the City of APPROVI:D THlS ----d y of ----• 1983, Mayor I • • - RESOLUTION NO. _5_ Se r i e<; uf 1981 • • • CITY Of ENGLEWOOD, COLORADO URBAN RENEWAL AUTHORITY A RESOLUTION OF THE URBAN RENEWAL AUTHORITY REQUESTING CITY COUNCIL TO TRANS- FER MONIES FROM THE PUBLIC IMPROVEMENT fUND TO THE AU'r110RITY FOR TilE RELOCA- TION OF THE HOUSE AT 3767 SOUTH CLARKSON STREET AND FOR THE PAYMENT OF RELOCA- TION BENEFITS TO THE DISPLACEES AT THAT ADDRESS. WHEREAS, The Urban Renewal Authority and the City of Englewood have adopted a Downtown Redevelopment Plan (Urban Renewal Plan); and Wlli >I\~A ~. L.LL Y Lu uncll lti.J >i i nc.licuLcc.l Lhi.JL Lhc Uruun 1\cncw..ll AuLhu.-lLy shou l d have prtmary respon s ibility for implementation of the Downtown Re- development Plan (Urban Renewal Plan) ; and WHEREAS, t he property at 3767 South Clarkson Street has been acquired by the Urban Renewal Authority for flood control purposes in conformance with the Plan; a nd WHEREAS, p r e liminary inspccLion,; lnd cate the financial fc"'" lb ll• Ly o f relocating the res idential structure at 3767 South Clarkaon Street and r e ellin g i t to r~c ou p purchase expenditure s; and dE KEAS, a p r cl•minary review of docu nts submitted by th re idcntH of the s tru cur r f rred to abov indicae th ir eligibility for relocation benef i t s in ac c ordan c e wirh the Plan; and ~E R E A S , bond & hav not , y t, ben is u d by the Urban n wal Authority to fund property acquisition, public t.prov ... nta, and other ac- tiv i t i rel t d to th Downtown R d v lopm nt Proj ct. ,'0 , THERF.FORE, BE I T RESOLVED by th City of Engl ood Urb n R - newa Aut hor lY s f ollow Secl ion ~· Th Englewood Urb n R n wa l Autho rity requ ate the nal ood City Council to t ranafer fund • in th aaount of $52,000 fro lhc City uhllc I prov•IIICnt f und t o th Authority for thu r lo t~o n of the re i d nti 1 t r u t ura at 3767 South Clark on St r c. I • • • - • • -£- -· /:'/ -/ l\PPJ\OVED AND i\IlOI'TEil THIS . __ ...;?___..)_ day of ___ ;!//__dt-.(J.Lt./ ___ , I ~ID. ATTEST: Susan Powers Exucul i vc St•e r t ·l ary Motion by: Melvin Minnick Seconded by: Thomas R. Fi.t zpatri·.::k Voting n Favor: Me J vln Minnick, Lawrence Novicky, Robert J. Voth, Ruth Cole, Thom 6 R. Pitzpatr ck Voting in Oppo it on: _LarrLy~D~i~c~k~i~n~s~o~n~----------------------------------- M mbera Abstaining:---------------------------------------------------------- 0 I • • • • • • • RESOLUTION NO. _1Q_ Sf.RIES OF 1983 A RF.SOLUTTON AMENOTNC Tllg PUBLIC IMPROVEMENT !'UNO. WHEREAS, the City Council of the City of Englewood, Colorado adopted the Englewood Downtown Redevelopment Plan on August 23, 1982, and WHEREAS, the City Council of the City of Englewood determined that any property acquisition and related activities necessary for the implementation of said Plan should be accomp lished by the Englewood Urban Renewal Authority, and WHEREAS 1 the Englewood Urban Renewal Authority has requested Llu.: Lr.JII»f<.:• uf $'·'• 1 ~UO Lu l><.: ut.<.:d [ur Lhu rulucatlun uf Lhu lluu"l' .1L J/v7 South Clarkson f Lreet and for the J•ay•ne nt of relocation benefits Lo present tenants; and I.'H£Rl.:AS, · n additional $245,500 is requested for acquisition of small parcels of ri6ht-o f-way between South Broadway and South Clarkson Street. NO . , THEREFORE, BE IT RESOLVED by the City Council of the City of ~nglewuod, Colorado, that : Att l: Sect ion 1 . The fJ Jo win • ppropriation of funds is hereby .ad in the Publi~ mproveme nt Fund. Appllc t on of Fund s. Little Dry Cr ek f.ngl cwood Urb n R n wal Authority $(300 ,ooo.) $ 300,000. ction 2. Th City Mana r nd Dir ctor of Finance ar hereby authorized to mak the bove change• to the 1983 budaet of the City of gl" ood. :·rr.o A ID APPROVf.lJ 11 ----day of ____ , 1983. yor r • I . H.ESOLUTION NO. _5_ s" r i e" u r 1 9 81 • • • CITY 01' l':NGLEWOOD, COLORADO URBAN RENEWAL AUTIIORITY A RESOLUTION OF THE URBAN RENEWAL AUTHORITY REQUESTING CITY COUNCIL TO TRANS- FER MONIES FROM THE PUBLIC IMPROVEMENT I'UND TO TilE AUTHORITY I'OR TilE RELOCA- TION OF THE HOUSE AT 3767 SOUTH CLARKSON STREET AND FOR THE PAYMENT OF RELOCA- TION BENEFITS TO THE DISPLACEES AT THAT ADDRESS. WHEREAS, The Urban Renewal Authority and the City of Englewood have adopted a Downtown Redevelopment Plan (Urban Renewal Plan); and Wlll:tU.A::i, ClLY Council loab lndicaLcd LhUL Lhl! Urban itl!I\CW .. d AuLiouriLy should have primary responsibility for implementation of the Downtown Re- development Plan (Urban Renewal Plan); and WHEREAS, the property at 3767 South Clarkson Street has been acquired by the Urba n Renewal Authority for flood control purposes in conformance with the Plan; and WHEREAS, p rc limlnary inspccLionb indica tc the financial f C.Jt.l b i.l i t y of relocating the residenti 1 tructure at 3767 South Clarkson Street and re elling it to recoup purchas e xp enditures; and •IERI':A~. 1 1 r..,J.minnry review ol documents submitted by th rcsidcnth o£ th structure r f~rrcd to bov indic t th r eligibility for relocation ben fit n ccordanc wi•n the Plan; and HlREAS, bond& have not, as y t, be n is&ued by the Urban R n w 1 Authority to fund property acquisition, public improv ... nta, and other ac- tiviti rclat d to th Downtown R d v lopment Proj ct . . o, THEREFORE, BElT RESOLVED by th City of Englewood Urban R- n~w 1 Aut hor ty a follow ?_<.H:l Lon I. r qu eta th Engl wood ~unt of $52,000 to th Authority Cor t 3767 outh • • • • • -2- --/:'/. -/ AI'Pl\O VED AND flllOI'Tim THIS ___ ..;I_ _ _j_ day of . -~[.._{jLt_...!_ __ , I <Jil'J. ATTEST: Susan Power<; Exl·cul i Vl.' St.·\." 1 t·l ary Motion by: _____ M_e_l_v_~~·n __ l1_~_·n~n_i_c_k ______________________________________________ __ Seconded by: ___ T~h~o~'=na~s~l~t~·~F~i~t~z~p~a~t~r~i~c~k~--------------------------------------- Voting in Favor: Mclvln M nnick, La wr ence Novicky, Robert J. Voth, Ruth Cole, Thoma~ R. Fit zpa trick Voting in O~~osition: --~r~y~D~i~c~k~i~n~s~o~n~----------------------------- Members Ab ent: __ ~R~. __ P_. __ M_c_c_l_u_n~g~------------------------------------------- Members Abstaining: ______________________________________________________ ___ I • • • -• • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGE NDA ITEM SUBJECT March 24 , 1983 ~C-Fund Transfer to Urb a n Renewal Benefits INITIATED BY Urban Renewal Autho rity ACT I ON PROPOSED Transfer of $54 ,500 from t he City Public Improvement Fund to the Urban Renewal Author ity for the relocation and rehab ilitat i on of the Urban Renew al Authority owned house at 3767 South Clarkson Street and paymen t of Relocation Benefit s to person living in tha hou"e who will be displaced . City Co un cil adopted th En~lewood Downtown Redevelopment Plan (Urban Renewal Plan) on August 23, 198 2, and a nded that Plan on December 21 , 19 82. It has been the expressed desire of City Council for th I rban Renewal Au hority to be the lead agency i n the implem nt ation of that Plan nnd for the Urb n Renewal Aut hority to un dertak s upp le- mentary activiti s that lurth~r the o 1 of the Pl n. Since bonds have not as yet b en issued for th proj ct <HJtlin d l n the Plan, Cou ncil has provided an annual budget to the Authority for op r ting ~xp n ·~ and tr n f rred funds from the Public Improve- ment Fund to th Authority to cquir property , relocat s tructures, and pay for oth r projec t-p cific expen e . The Urban Renewal Authority h fund transfer from the Public Improvemen t Fund to acquir the prop rty t 37 7 South Cl rk on Stre t. This property will b u ed a part of the Littl Dry Cr k detention pond , which will be constructed on th Engl wood High School alhl tic fi lds. In n effort to reco up a portion of the pur- cha exp n s for thi prop~rty, st ff ha conducted pr liminary examination of th r id nti 1 atructur on the prop rty nd f 1 1 ia cap ble of being r located, r habilit t d, nd re old. R n d d by th Authority to pay for old. Al o, two individual• will b buildin nd, in accordanc with th adopt d A fund tran fer ia alao n d d to pav • I • .. • • • \ fer red to above will jointly be eligible for a maximum amount of $2,500. Therefore, it 1 is recommended that $54,500 be trans f erred from the Public Improvement Fund to the En gle- wood Urban Renewal Authority account for the aforementioned purposes. When the house is relocated and rehabilitated, it will be sold on the private marke t and the funds will be returned to the land acquisition account of the Urban Renewal Au- thority for future purchases . Above and beyond the $54,500 there will be expenses for the purchase of the small pieces of right-of-way along Little Dry Creek east of Broadway (not including the buildings along Broadway). The staff would like to pursue the acquisition of these parcels so that we are prepared for the next phase of the Little Dry Creek project of channel improvements later this year. The appraiser has been instructed to proceed with these appraisals so we do not have an exact figure for these purchases, but the staff feels that a certain amount need s to be transferred to the Authority so that they do not have to request funds at every Council meeting . The funds will continue to be invested as other City funds would be, so there is no loss of ~nterest income. The Urban Renewal Authority will keep the City Council informed on the status of land purchase. SUGGESTED ACTION: fii)VED IY------------ SEC~·---------------- 't S ____ ,_, ___ -..JAB...., ENT ________________ _ ....... J.J • I • • RESOLUTION NO. 21 SERIES OF 1983 • • • ~ RESOLUTION AMENDING THE 1982 W~TER ~NO SEWER FUND BUDGETS. WHERE~S, the W~ter Fund and Sewer Fund overspent their 1982 budgets; and WHERE~S, the City Council of the City of Englewood, Colorado, was aware of certain legal and engineering matters re- lated to water rights within the Water Fund and wish to provide funding for these matters; and WHERE~S, the City Council ~d the City of Englewood, Colorado, wish to provide funding for the following within the Sewer Fund: 1) Hillside construction easement, 2) Hillside sewer construction, 3) Contingencies on the Northeast Englewood Relief Sewer; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Englewood, Colo rado: Section 1. The following appropriat ion is hereby made in the Water Fund : Source of Funds Water Equity ~ppl ic at ion of Funds Sou r ce of Supply - Legal and Engineering Section 2. Source of Funds Sewer Equity ~pplication of Funds Capital Out lay Section 3. $ 21 ,800 $ 21,800 s 80,100 s 80,100 The Clty Manager and Dir ctor of Finance ar hereby au horiz d o mak h abov ch ng s o the 1987 Wa r and S wer Fund budge •· ~OOPTED ~NO ~PPR OVED this day of ------------------' 1983. May or • I • • • • • -2- i\TTEST: 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 . - RESOLUTION NO. 21 SERIES OF 1983 • • • A RESOLUTION AMENDING THE 1982 WATER AND SEWER FUND BUDGETS. WHEREAS, the W~ter Fund and Sewer Fund overspent their 1982 budgets; and WHEREAS, the City Council of the City of Englewood, Colorado, was aware of certain legal and engineering matters re- lated to water rights within the Water Fund and wish to provide funding for these matters; and WHEREA S, the City Council ~d the City of Englewood, Colorado, wi sh to provide funding for the follow i ng within the Sewer Fund: 1) Hillside construction easement, 2) Hillside sewer construction, 3) Contingencies on the Northeast Englewood Relief Sewer; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Englewood, Colorado: Section 1. Fund: The following appropriation is hereby made in the Water Source of Funds Water Equtty Application of Funds Source of Supply - Legal and Engineering Section 2. Source of Funds Sewer Equ1ty Application of Funds Cap! tal Outlay Section 3 . $ 21,800 $ 21,800 $ 80,100 $ 8 0 ,100 The City Manager and Dire c tor of Finance are hereby author i zed to make th abov change s t o th 19 1 Wa r and Sewer Fund budg ts. ADOPTED AN D APPROVED hi , 1983. ·------ 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. H1gbee • I • • RESOLUTION NO. 21 SERIES OF 1983 . . • • • A RESOLUTION AMENDING THE 1982 WATER AND SEWER FUND BUDGETS. WHEREAS, the W~ter Fund and Sewer Fund o verspent their 1982 budgets; an d WHEREAS, the City Council of the City of Englewood, Colorado, was aware of certain legal and engineering matters re- lated to water rights within th e Water Fund and wish to provide funding for these matters; and WHEREAS, the City Council ~d the City of Englewood, Col ora do , wish to p r o v ide funding for the following within the Sewer Fund: 1) Hillsi de construction easement, 2) Hill side sewer construction, 3) Contingencies on the Northeast Englewood Relief Sewer; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Englewood, Colorado: Section 1 . Fund: The following appropriat ion is hereby made in the Water Source of Funds Water Equity Application of Funds So ur ce of Supply - Legal and Engineering Section 2 . Source of Funds Sewer Equtty Applicat ion of Fund s Cllpl tal Outllly Section 3. $ 21,800 $ 21,800 s 80 ,100 $ 80 ,1 00 Th City M nager and Dir ctor of Finance ar hereby au hor i z d to mak th abov ch~ng to th 1982 Wat r and S wer Fund budg ts. ADOPT 0 AND AP ROV 0 his day o ------------------' 1983. "' yor • 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 • • • • • CO U NCIL C 0 M M U N I C A T I 0 N 1-------------.--------.----------------··--· -- DATE March 31 , 19 83 AGE NDA ITEM 8 D i SUBJECT Ad j us t men t to the Wat er fund 1982 [l udget IN ITIATE D BY Stewart H. Fon da, Director of Utilities ------- /\CT 1 ON PROPOSED __ -~c~the 19 82 Wa ter Department nudqPL Lo ullow .til increase in overall expen dit ur es of $21 ,800. INTRODUCTION The overall budget was exceeded by approximately $21,793 in fiscal 1982. While there are numerous line i tems in the bu dget which are ei th er exceeded or not spent, two items stand out as significan t expenditures t hat exceed the budgeted amount. These items involve the legal and engineering amounl~ associ a ted with the City's proposed water rights trans fer and its numerous objections to proposed transfers by others. BACKGROU ~ INFOR~TIO There is no way to accurately predict costs associated with water rights litigation. The past direction of the Water and Sewer [loard and Council has been to proceed in these matters. We have avoided inflating the budget in the past to cover these unpredictable costs. Instead, w have 1: ad budget amendments when necessary. This method appears to be the nost reasonable way to handle these items. It was noted dur1ng the preparation of th 1983 budget 1n mid-ye r 1982 th t t se co~ts would be exceeded, nd s incr ase was nticipated for I983. hile th dollar amounts may pp ar to b larq , th li iqation irvol ve !t w L•r rights of iiTill n e valu . ar oblig t •d to u1011 th se ter r1ghts to supply water to the Mission Viejo Company and ar rece1111ng paym n s under a lease arrangement, which far exceed th s legal costs. I • • -• • ,. • RE C01111ENDAT ION -------- City Council approve Resol ution #=,...-----which increas es th e total op era t ing budget for the Water Fund by $21,800. GGESTED ACTION: ~0 E BY ------------------------------- ECO YES ______ , O ______ ,..BSENT _____________ _ • ·I I . I ( I • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE March 31, 1983 AGENDA ITEM SUBJECT Adjustment to Sewer Fund 8 D i i 1982 Budget INITIAl ED BY Stewart Fonda , Director of Utilities ACTION PROPOSED Amend the 1982 Se wer Fund budget to allow increase in overrall expense of $80,100 INTRO DUC TION The overrall budget was exceeded by approximately $80,064 in fiscal year 1982. The increase is attributed to three si nificant ex ense s incurred by the utility. g p These three expenses were all incorporated in the four change orders issued during the construction of the Northeast Englewood Relief Sewer . The first significan t item included acquisition of necessary construction easements that were not part of the original contract . The second significant expense involved construction of a sewer in the Scenic View area which wa s not a part of the Northeast Englewood Relief Sewer project . Th third expense involved actual changes in the scope of work on th Northeast Engl ewood Relief Se we r itself. BACKGROUND INFOR MATION The construction easem nt was negotiated b tween the property owners after contract signing. It wa s to the City's benefit to not have to go to condemnation on t s cqu1sit1ons and th price of $25,000 w fair repres ntation of t d1sruption to th property own rs. Chan Order was in th mount of $30,173.68, of which the construction eas nt w s $25,000. Th Hills1d S er proJ ct r pr sented th costs incurr d in Chang Ord r *2 in th mount of $32,298. Code r qu1r s th t th City xt nd su h r s rv1c subj ct tor b t by prop rty own rs. will b r cov ring th $32,2 8 s prop rty own rs tap on fn futur years. . 05 r. • -- ' I I , I • -• • • ~hi' '"~''''' '' ,,,, '''''"'''' '"' ''""''' ''''''''' ,,,,., J -s· I' ~onti ngency reserves on large projects and up to 10 % on small projects. A specific contingency reserve was not established at the beginnin g of the projec t because of its complexity. Att ached are copies of the four Change Orders which detail the changes, costs and reasons by item. The principle reasons for changes in the con tract amount are as follows: 1. Outside agency requirements that could not be anticipated and were impractical therefore to bid. Additional construction requiremen ts were imposed by closing Floyd Avenue from Thanksgiving to Christmas and by the railroad requiring additional tunnel ing and supp ort systems under their ri ght-of-way. 2. There were subsurface conditions or co nflict s wh ich could not be reaso nably assertained during design . 3 . When excavation uncovered existing problems with the water or sewer systems, repairs were authorized in the field . 4. Conflicts with utilities, such as Mountain Bell, whic h were not cost effective to litigate, were absorbed by the project . 5. Una nti cipated accidents such as leaking water lines whi c h caused related damage to the sewer project, were repaired by the sew r co ntractor who was readily available for such reoa i rs. 6. Where conflicts occurred with other City projects, a portion of the damage or conflicts were absorbed under the contract. A final settlement of the Holsam project was by negot i ation with the contractor. A letter from Black and Veatch Engineers dated October 8, 1982 indicates that the contractor excepted payment of $13,816.54 for $4 2 ,16 2.15 in claims. It is my opinion that the careful record eeping and hard bargaining posture of th co nsulting engin er resulted in this very favorable se tlement for the C lty. FI~ANCIAL DETAILS The requ st d increase in the Se w r Fund budg t of $80,100 is less than th sume of $25,000 for th construction eas nts. $32,298 for the Hillside sewer proj c and $57,336 .72 in con in nci son th North ast Engl ood Relie total of $114,634.72 which w r exp rienced by th SUGGESTED ACTIO OVED BY ____________________________ ___ ON~---------------------------------- s _____ _ O ____________ ~SENT ________________________ ___ • I • • • • ----------------------------------------------------------------------------. The budget adjustment of $80,100 can be appropriated from the fund equity of the sewer fund working capital account of the sewer fund which is presently at greater than $800,000. Copies of the actual change orders can be provided for Council on Monday night if you wish to see them . RECOMMENDATION City Council approve Resolution # which increases the tota 1 1982 budget for the sewer f.-u-nd..,.......b-y-.,.$"'80,......,,0"6'"4-.--- SUGGEST 0 ACTIO OV 0 BY ______________ _ '( v-------~~S NT _______________________ _ • I • - BLACK 8c VEATCH CONSULTING ENGINEERS Eng lewood, Colo rado N.E. Englewood Relief Sewer • • - TEL 3031371 -11 2 0 ROCKY M OUNT AIN REG IONAL OFFICE 12075 E AST 4 5TH AV E SUITE 400 DENVER , COLORADO 8023e B&V Project 8444.004 B&V File G-1.1 October 8, 1982 , .. -... -~ :I I ' I 'I Mr . Stcwarl II. Fonda )[rector of Utilities City of Englewood ---------J 3400 S. Elati Street Englewood , Colorado 80110 Dear Stu: ,, '_ ·.,ccd Pres nted below is a summary of the r solution of costs for change order items on Holsam's project. These items hav been included in Change Ord r No . 4 and s nt to Holsam for xecution. Enclosed for your infor- mation is a copy of th change order. It m 1 . Shuffleboard courts 2 . Tempor ary pumping 3. Extr moves du to PSCO d lays ~. Extra asphalt in Acoma Holsam Claim $ 5 . Cn~ultablc subgrad in L flo d Total s 2,162.15 lf th r ar any question , pl~a call. V ry truly yours, 8~ & VEAT II ~. Wi 11 J n · pa:1 r.c:lo un • Accepted Amount s 746.29 7 ,760.08 3 ,345.53 0.00 1,9 4.64 $13 ,816.54 I • • RESOLUTION NO. SERIES OF 1983 • • • A RESOLUTION AMENDING THE 1982 WATER AND SEWER FUND BUDGETS. WHEREAS, the Water Fund and Sewer Fund overspent their 1982 budgets; and WHEREAS, the City Council of the City of Englewood, Colorado, was aware of certain legal and engineering matters re- lated to water rights within the Water Fund and wish to provide funding for these matters; and WHEREAS, the City Council and the City of Englewood, Colorado, wish to provide funding for the following within the Sewer Fund: 1) Hillside construction easement, 2) Hillside sewer construction, 3) Contingencies on the Northeast Englewood Relief Sewer; NOW , THEREFORE, BE IT RESOLVED, by the City Council of the City of Englewood, Colorado: Section 1. The following appropriation is hereby made in the Water Fund: Source of Funds Water Equity Appl ic ation of Funds Source of Supply - Legal and Engineer ing Section 2. Source of Funds Sewer Equity Application of Funds Ct~plu1 Outlay S ction 3. s 21,800 s 21,800 s 80,100 s 80,100 The Ci y Manager and Direc or of Finane are hereby authoriz d o make he abov ch nge to he 1 82 w t r nd S wer Fund budget a. ADOPTED AND APPROVED thla day of ------------------· 1983. ayor • 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. • I • • RESOLUTION NO. SERIES OF 1983 • • • A RESOLUTION AMENDING THE 1982 WATER AND SEWER FUND BUDGETS. WHEREAS, the W~ter Fund and Sewer Fund overspent their 1982 budgets; and WHEREAS, the City Council of the City of Englewood, Colorado, was aware of certain legal and engineering matters re- lated to water rights within the Water Fund and wish to provide funding for these matters; and WHEREAS, the City Council and the City of Englewood, Colorado, wish to provide funding for the following within the Sewer Fund: 1) Hillside construction easement, 2) Hillside sewer construction, 3) Contingencies on the Northeast Englewood Relief Sewer; NOW, THEREFORE, BE IT RESOLVED, by the C i ty Council of the City of Englewood, Colorado: Section 1. Fund: The following appropr i at ion is hereby mad e i n the Water Source of Fund s Water EquI ty Appl ic at i on of Fund s So ur c e o f Su pp l y - L ga l and Eng in eer i ng Section 2. So u r c e of Fund s Se we r qulty Section 3. s 2 1 ,8 00 s 21 ,800 s 80 ,100 s 80,100 The Cl y Manager nd Dire c or of Finance are hereby au horlz d o •ak th a ov ch ng o th 1982 Wa r and w r Pund budg •. ADO PT D AN D APPRO V D his day o ---------------------· 1 • 3. 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 • • • • - RESOLUTION NO. SERIES OF 1983 A RESOLUTION AMENDING THE 1982 WATER AND SEWER FUND BUDGETS. WHEREAS, the Water Fund and Sewer Fund overspent their 1982 budgets; and WHEREAS, the City Council of the City of Englewood, Colorado, was aware of certain legal and engineering matters re- lated to water rights within the Water Fund and wish to provide funding for these matters; and WHEREAS, the City Council and the City of Englewood, Colorado, wish to provide funding for the following within the Sewer Fund: 1) Hillside construction easement, 2) Hillside sewer construction, 3) Contingencies on the Northeast Englewood Relief Sewer: NOW, THEREFORE, BE IT RESOLVED, by the C ity Council of the City of Englewood, Colorado: Section 1. Fund: The following appropriation is hereby made in the Water Source of Funds Water Equity Appl i cation of Funds Source of S upply - Legal an d Engineering Section 2. Sour c e of Fund s Se we r Equit y Section The C ty Man qer a n d Dir ctor of authorlz d o •• h bove chang s o h Pund budg a. $ 21,800 s 21,800 $ 80 ,100 $ 80,100 ln nee a r e he reby 1982 Wa ~r a n d Sew r ADOPT 0 AN D APPROV 0 hia d ay of---------' 1 98 3 . 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 . - P R 0 C L A M A T I 0 -- WHEREAS, trees a r e an i mp o rta n t a sse t t o t he City o f Englewood, prov iding shade, shelter , ar. reducing n o ise le v els ; and WHEREAS, trees enhance the beauty o f the City with v a ri ou s forms, textures, and colo rs; and WHEREAS, the continued loss of our trees without a community-wide maintenance and rep lacement p r oy r dm will mat ~r ially impair the beauty of our cit y; and WHEREAS, all citizens of Englewood , now and in the futu r e , will benefit from the planting of trees; and WHEREA S , the City of Engle wood has been rec ognized by the National Arbor Day Foundat ion as a TRBE CITY USA; and WH ERE AS , the State o f Colorado has offici lly d e d r ~J t t 1e t h ird F r iday in April as Arbor day; NOW , THEREFORE , I , £ ENE L . OTIS , Mayor of the City o Englewood , Colo r ado , do hereby p r oclaim April 15 , 1983 as ARBOR DAY in the City of Engle wood nd ncourage all citizens t o p rticipat e i n t h is eff o rt b y planting a tree o r h rub. I E und r my h ·nJ nd sal the ____ day of Apr il , 1~HJ .