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HomeMy WebLinkAbout1982-06-21 (Regular) Meeting Agenda• • • City Counc il Meeting -Regular June 2 1, 1982 0 - CITY COUNCIL MEETING June 21 , 1982 RESOLUTI # Y, ~ ~, 30 ORDINANCE~ 28 , 29, 30 , 31 • • • • 0 0 I • • - • • REGU LAR MEETING: • • • COUN C I L CHAMBERS City of Englewood, Colorado J u ne 21, 1 982 I {}J The City Council of the Cit y of Englewood, Arapahoe County, Colorado, met in regu l ar sess i on on June 21, 1982, at 7:30 p.m. Mayor Otis, pres i ding, c a l led the meeting to order . The invocation was given by Minister Jim Clark, Mayflower Congregation Church, 3001 South Acoma Street. The pledge of al - l eg i anc e wa s l ed by a single Boy Scout from Troop 1154. The Mayor asked for ro l l call. Upon a call of the ro ll , t h e fo ll ow i ng were present: Council Members Higday, F i tzpatr i ck, Weist, Bilo, Bradshaw, Ot i s. Absent : Counc il Membe r Ne a l . The Mayor declared a quor u m present. * * * * * * Al so pre s e n t were: City Manager Mc cown * Assi s tant City Manager Va rg as Ci ty At torn ey DeW itt Di re ctor of Public Wo rk s Waggoner Di r ecto r of Pa r ks & Re cre a tion Ro ma n s Assistant Director of Parks & Recreation Kuhn Assistant Director of Community Developtnent-Planning Romans Deputy City Clerk Watkins * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JUNE 7, 1982. Council Member Fitzpatrick conded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis • • I • • June 2 1, 1 982 Page 2 Nays: Ab s ent: • • • None. Co un cil Member Neal. The Mayor declared the motion carried • • • * * * * John Howell representing the 7-Up Bottling Company, 2840 South Zuni, was present and discussed opposition to the proposa l t o place a deposit on beverage bottles for return and recycling. Mr. Howell opposed the proposal on the basis of cost and extra handling that would be required. Mr. Howell discussed the process involved in handling returns and stated bottle litter could be picked up cheaper than what it costs to handle the bottles under the pro- posal. Mr. Howell stated the defects with the proposal are the costs and inconvience caused for on-premise consumption, reta il ers would carry fewer drinks; the inconvience for consumers using vend - ing machine s ; and outlawing the secondary packaging in particular the plastic rings that hold a s i x-pack. Mr. Howell staied Tri - c ycle was winn i ng the battle against l itter and there was no need leg i slation. * • * * * * Bill S p e rry, 2996 Sou th Logan, appeared before Council. Mr. S perry sta ted h e was r epres ent i ng a non -profit cit i zens g ro up f or recycling. Mr. Sperry pas sed i nformat i on describing the s u cc e s s the pro gram has had in n i ne s tate s. Mr. Sperry stated the ref und i s a n eco n o mic i nc e ntive f o r r e t u rn i ng b o ttles to the s tore • • * * * * • Amy Truby, 23 Birdie Lane, appeared before Council. Mrs. Truby stated she was representing the League of Wo me n Voters in favor or recycling act. Mrs. Truby stated recycling would reduce solid waste, the Scent deposit would encourage recycling. Mrs. Truby asked for support for the bill. * • * * • • Teedy Kern, 1431 E. Dartmouth , appeared before Council. Mrs. Kern stated she agreed with the League in supporting the re- cycling act. Mrs. Kern expressed her personal concerns about need- ing to recycle. * * * * * • There wer no other pre-schedul d visitors on the agenda. Mayor Otis asked if there were any other visitors who would like to peak to Council. I • • ....... • June 21, 1982 Page 3 * * * • • - * * * Rich Dutro, 4146 South Dale Court, appeared before Coun- cil. Mr. Dutro was represent i ng the Englewood Jaycees. and asked for financial help in paying for their annual fireworks display. Mr. Dutro stated the merchants can not afford to help in total. The Englewood Jaycees plan to asked for donations again this year. Mr. Dutro stated the Jaycees st i ll owe on last year's display on top of what it is going to cost for this year. Mr. Dutro asked for $3,750. A lengthly discussion ensued. Mr. Dutro stated it was his understanding the Jaycees could not charge an admission fee because the display was run on City property. Director of Parks and Recreation Romans stated Council has the power to overrule the non-collection of an admission fee. John Burnett, Englewood Jaycee member, appeared before Council and discussed what last yea r 's collections were. This year's collections from the merchants was $151 from 96 businesses. Council ceased conversation with the member of the Jaycees to allow Assistant City Manager Vargas to research the files on what was given to the Jaycees last year. were : * * * * * * •communications -No Act io n Recommended• on the agenda (a) (bl (c) (d) (e) (f) (g) Mi n u t es of the Hous i ng Aut h o rity mee ti n g of Apr il 2 8, 1 98 2 . Minutes of th e Wate r a n d Sewer Board meeting of May 11 , 1982. Minutes of the Board of Adjustment and Appeals meeting of May 12, 1982. Minutes of the Do wnto wn Development Authority meeting of May 12, 1 98 2 . Minutes of the Planning and Zoning Commission meeting of May 18 , 1 98 2. Minutes of the Denver Regional Council of Gove r nments meeting of May 26 , 1982. Minut s of the Public Library Advisory Board meting of June 8, 1982 • • I • • • June 21, 1982 Page 4 • • - COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT •coMMUNICATIONS - NO ACTION RECOMMENDED· AGENDA ITEMS SA -SG. Council Member Fitz- patrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a letter from the Executive Director of the Englewood Downtown Development Authority concerning appoint- ments to the Authority. COUNCIL MEMBER BRADSHAW MOVED TO APPOINT GORDON CLOSE TO REPLACE LEONARD ROBOHM ON THE EDDA AND TO REAPPOINT BARBARA HOLTHAUS, CLETUS GASSON, AND FRED KAUFMAN. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as fo l lows: Ayes: Nay s: Ab s en t: Co un cil Member s Higday, Fitzpatr i ck, We ist , Bilo , Bradshaw, Otis. None . Council Member Nea l . The Mayor declared t h e mo ti o n c arr i ed. * * * * * * Mayor Otis presented a letter from Earl Ladewig resign- ing from the Non-Emergency Employees Retirement Board. COU NCIL MEMBER BRADS HAW MOVED TO ACCE PT WITH REGRE T MR. LADEWIG'S RESIG NATIO N. Council Me mb er Fitz p at r ic k second ed the mo- tion. Upon a call of the roll , the v ote resulted as follo ws: Ayes: Nays: Absent: Council Me mb ers Higday , Fitzpatrick , Weist, Bilo , Bra d sha w, Otis. None. Council Member Neal. The Mayor declared the motion carried • I • • n Jun e 21, 1982 Page 5 • • • Council instructed Mr. Mccown to send a letter of acknow- ledgement to Mr. Ladewig. Council Member Fitzpatrick noted the resignation would be effective on this date. * * * * * * Mayor Otis presented a letter from Reverend J. Stanley Fixter resigning from the Housing Authority. COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT THE RESIGNATION OF REVEREND J. STANLEY FIXTER WITH REGRET. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent: Council Members Higday, Fitzpatrick Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried • • * * * * * City Manager Mc cown presented a Council Co mmuni c ation from th Parks and Re c reat ion Co mm ission concerning the concession con- tract with 2101 Corporation for food and beverage service for the new golf course clubhouse . Director of Parks and Recreation Pa cky Romans was present and discussed the contract on behalf of the Parks and Recreation Commissio n. Council Member Bilo noted discrepancies in the term of the c ontract. COU NCIL MEMBER HIGDAY MOVED TO ENTER INTO A CONTRACT WITH 2101 CORPORATION FOR FOOD AND BEVERAGE SERVICE FOR THE NEW GOLF COU RSE CLUBHOUSE COMMENCING ON JULY 1 , 1982, AND AMEND THE CO NTRA CT BY CROSSI NG OUT THE FIRST THREE SENTE NCES OF •20. TERM OF AGREE - MENT.• Council Member Bilo s conded the motion. Upon a call of th roll, the voter sult d as follows: Ayes: Nays: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradsha w, Otis. None. I • • - • June 21, 1982 Page 6 Absent: • • • Council Member Neal. The Mayor declared the motion carried • • • • • • • COUNCIL MEMBER BRADSHAW MOVED TO BRING FORWARD AGENDA ITEM 70 -A RESOLUTION CONCERNING RECYCLING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. RESOLUTION NO. 27 SERIES OF 1982 A RESOLUTION SUPPORTING INITIATIVE EFFORTS TO REQUIRE RECYCLING OF BEVERAGE CONTAINERS. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 27, SERIES OF 1982. Council Member Fitzpatrick seconded the ffiotion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Bilo, Bradshaw, Otis. Council Member Weist. Council Member Neal. The Mayor declared the motion carried • ORDINANCE NO. 27 SERIES OF 1982 • • • BY AUTHORITY • • • COUNCIL BILL NO. 28 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING A CONTRACT FOR MUNICIPAL SERVICES TO PERMIT OT HER GOVERNMENTAL ENTITIES TO USE THE ENGLEWOOD ANIMAL SHELTER. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 28, SERIES OF 1982, ON FINAL READING. Council Member Bradshaw I • • -- June 21, 1982 Page 7 • • • seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Nays: None. Absent: Council Member Neal. The Mayor declared the motion carried. COUNCIL MEMBER SILO MOVED TO INSTRUCT THE CITY ATTORNEY TO PREPARE A RESOLUTION APPROVING THE FEES FOR THE ANIMAL SHELTER AS OUTLINED IN THE DIRECTOR OF FINANCE GARY HIGBEE'S MEMO. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried • ORDINANCE NO. SERIES OF 1982~- • • • BY AUTHORITY A BILL FOR • • • COUNCIL BILL NO. 34.1 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF INDUSTRIAL DE- VELOPMENT REVENUE BONDS, SERIES 1982 (U. S. INDUSTRIES, INC. PRO- JECT) IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,200,000 TO FINANCE A PROJECT FOR U. S. INDUSTRIES, INC.; RATIFYING CERTAIN ACTION HERETOFORE TAKEN; AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A FINANCING AGREEMENT, AN INDENTURE OF TRUST, SUCH BONDS AND CLOSING DOCUMENTS IN CONNECTION THEREWITH; MAKING DETERMINA- TIONS AS TO THE SUFFICIENCY OF REVENUES AND AS TO OTHER MATTERS RE- LATED TO THE PROJECT; AND REPEALING ACTION HERETOFORE TAKEN IN CON- FLICT HEREWITH. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 34.1, SERIES OF 1982, ON FIRST READING. Council Member Bllo seconded the motion. • I • -• • • June 21, 1982 Page 8 City Attorney DeWitt commented the City is not financially liable for the issue. The City's involvement would be on liti- gation matters if that were to happen. Upon a call of the roll, the vote resulted as -follows: Ayes: Nays1 Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. * * * * * * BY AUTHORITY ORDINANCE NO. SERIES OF 1982~- COUNCIL BILL NO. 22.l INTRODUCED BY COUNCIL MEMBER NEAL/BRADSHAW A BILL FOR AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF ENGLEWOOD BY REPEALING AND RE-ENACTING SECTION 22.7 THEREOF TO REVISE THE SIGN CODE CONTAINED THEREIN. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 22 .1, SERIES OF 1982, ON FIRST READING, Coun cil Member Higday seconded the mot ion . Upon a call of the roll, the vote re sulted as follows: DISCUSS MANAGER PRESENT motion, Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO SUSPEND THE RULES AND THE JAYCEES REQUEST IN CONNECTION WITH WHAT ASSISTANT CITY VARGAS WAS ABLE TO FIND IN THE FILES ON PAST REQUESTS AND BUDGETED AMOUNTS. Council Member Higday seconded the Upon a call of the roll, the vote resulted as follows: Aye : Council Memb rs Higday, Fitzpatrick, I • • -• • • June 21, 1982 Page 9 Weist, Bilo, Bradshaw, Otis. Nays: None. Absent: Council Member Neal. The Mayor declared the motion carried. Mr. Mccown stated under Aid To Other Agencies, $2,300 is remaining. At the budget retreat $1,700 was tentatively set aside for the fireworks display. Mr. Mccown stated he did not know if last year's amount ($500) was picked up by the Jaycees. COUNCIL MEMBER FITZPATRICK MOVED TO PROCEED AS PLANNED AT THE BUDGET RETREAT FOR BUDGETING $1,700 FOR JAYCEES FOR FIREWORKS AND THAT A CONCERTED EFFORT ON GETTING DONATIONS FROM THE CROWD. Council Member Bilo seconded the motion. Counci l Member Hi gday stated to check and see if the $500 was picked up. If not, then include the $500 in additiop to the $1,700. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal . The Mayor declared the motion carri ed. RESOLUTION NO. 28 SERIES OF 1982 • • • • • • A RESOLUTION ACCEPTING RESIGNATION OF LORETTA B. HUFFINE AS ASSIST- ANT CITY ATTORNEY. COUNCIL MEMBER BILO MOVED TO PASS RESOLUTION NO. 28, SERIES OF 1982. Council Member Bradshaw seconded the motion. Upon a call of th roll, the vote resulted as follows: Ayes: Nays: Abs nt: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. • I • • • June 21 , 1 982 Page l 0 • • • The Mayor declared the motion carried. * * * * * * City Attorney DeWitt discussed the status of litigation on water quality control commission matter. Mr. DeWitt stated the permit limit would be $5,000. * * * • • * City Attorney DeWitt asked for an executive meeting with Council at this time. * * • * • * Mayor Otis called for a recess at 9:20 p.m. Council re- convened at 9:35 p.m. Mayor Otis asked for a roll call. Upon a call of the roll, the following were present: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Absent: Council Member Neal. Mayor Otis declared a quorum present • • • * • * • City Attorney DeWitt stated the District Court ruled ad- versely toward the city in the matter of Oddfellows. The Court ruled the imposed $40,000 assessment was unconstitutional. Mr. DeWitt stated he would be recommending some sort action on the part of the City. In connection with the above matter, City Attorney DeWitt offered a proposed resolution appointing special counsel to handle redevelopment matters. RESOLUTION NO, 29 SERIES OF 1982 A RESOLUTION APPOINTING PAUL C. BENEDETTI SPECIAL COUNSEL FOR REDE- VELOPMENT MATTERS. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 29, SERIES OF 1982, Council Member Higday seconded the motion. Upon a call of th roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None • I • • - • • June 21, 1982 Page 11 • • • Absent: Council Member Neal. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a Council Communication con- cerning award of construction contract for the golf course cl ub- house landscaping and sprinkler system. Director of Parks and Recreation Romans appeared before Council and discussed the bid award and project. COUNCIL MEMBER HIGDAY MOVED TO AWARD THE BID OF CONSTRUC- TION CONTRACT FOR GOLF COURSE CLUBHOUSE LANDSCAPING AND SPRINKLER SYSTEM TO SABELLS INC. FOR $32,000 AND TO ADD $5,000 FOR CO NTIN- GENCY. Council Member Bradshaw seconded the mot i on. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, F it zpatr ick , Weist, Silo, Oits. Council Member Bradshaw. Council Member Neal. The Mayor declared the motion carried. * * * * * * City Manager Mccown presen t ed a Council Communication from the Director of Public Works conc ern i ng the award of bid for card- controll ed fuel management system. Director of Public Works Kells Waggoner appeared before Council and discussed the bid. COUNCIL MEMBER BRADSHAW MOVED TO AWARD THE BID FOR CARD- CO NTROLLED FUEL MANAGEMENT SYSTEM TO LITTLETJOHN EQUIPMENT COM- PANY IN THE AMOUNT OF $31,780. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as follo ws: Ayes: Council Members Higday, Fitzpatrick, Weist, Bllo, Bradshaw, Otis. Nays: Non . Absent: Council M mber Neal. The Mayor declared the motion carri d • • I • • n - • June 21 , 1 982 P age 1 2 * * * • • • * * * City Manager Mccown presented a Counc i l Commun ic at io n c o n- ce r ning the award of contract for construc t ion of gas service pip- ing and ancillary equipment. Director of Public Works Waggoner appeared before Council and d i scussed the award and project. COUNCIL MEMBER BRADSHAW MOVED TO AWARD THE CONTRACT FOR CO NSTRU CTION OF GAS SERVICE PIPING AND ANCILLARY EQUIPMENT TO ECON - OMY MECHANICAL INDUSTRIES, INC., IN THE AMOUNT OF $27,340. Counci l Me mber Hi gday seconded the motion. Upon a call of the roll, the vo t e resulted as follows: Ayes: Na y s: Ab s ent: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw , Otis. None. Counc i l Member Neal. The Mayor declared the motion carried. * * * * * * Ci ty Manager McCown prese nt ed a Counc il Commun ication con- ce r ni ng Board and Co11111 i ss i on vaca n cie s. Council r ec eive d th e t ra nsmittal. Coun cil Mem ber F itz- patric k adv ised r e v i ew ing t h e letters currentl y on file before ad- vertising the v aca n ci e s . CO UN CIL MEMB ER BRA DS HAW MOVED TO RE APPOI NT BE TTY BEIER TO THE HOUSING AUTHORITY FOR A TERM TO EXPIRE IN 19871 AND TO REPLACE STANLEY FIXTURE BY APPOINTING WILLIA M FRASIER, 3925 SOUTH CLARKSON, FOR A TERM TO EXPIRE JULY l, 1983. Council Member Fitzpatri ck sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None . Council Memb r Neal. The Mayor declared the motion carried. * * * * * * • I • • - • June 21, 1982 Page 13 • • • City Manager Mccown presented a Council Communication con- cerning a request to install banners to announce the Columbia LP.GA Golf Classic. COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE iNSTALLATION OF BANNERS ANNOUNCING THE COLUMBIA LPGA GOLF CLASSIC FROM JULY 9 TO JULY 31, 1982. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO HOLD A SPECIAL MEETING TO DISCUSS INDUSTRIAL REVENUE BONDS FOR A MEDICAL CENTER AND ALSO TO DISCUSS PAVING DISTRICT NO. 28 NOTICE OF SALE OF BONDS ON JUNE 28, 1982, AT 7:30 P.M. OR SHORTLY THEREAFTER AS COUNCIL IS ABLE TO MEET. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absen t: Council Members Higday, Fitz patr ick, Weist, Bilo, Bradshaw, Otis. None. Council Member Nea l. The Mayor declared the motion carried. * * * * * * City Manager Mccown requested an executive session follow - ing the public meeting for the purpose of discussing downtown d - veloJ)lllent. * * * * * * Council approved the preparation of a proclamation con - ce rn i ng world peac on September 7, 198 2 through September 12, 1982. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO ALLOW TH JAYCEES TO HANG A BANNER ANNOUNCING THE FIREWORKS DISPLAY ON JULY 4TH AS SOON AS • I • • - • June 21, 1982 Page 14 • • - POSS I BLE AND REMOVE THE BANNER AFTER THE 4TH. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatric'k, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. COUNCIL MEMBER WEIST MOVED TO PERMIT THE JAYCEES TO CHARGE AN ADMISSION FEE FOR THE FIREWORKS DISPLAY ON JULY 4, 1982, FROM 12:00 NOON ON. Council Member Higday seconded the motion. This matter was discussed at length. Council Member Weis t asked the Jaycees to be cognizant the intent of the fireworks dis- play is a family event when deciding upon the admission fee. Council Member Bilo opposed the motion on the basi s he be - lieved in a voluntary donation and felt this matter was a crisis legislation. Upon a call of the ro ll , the vote res u lted as follows: Ayes: Nays: Absent: Co u n c i l Members Higday, Weist, Bradshaw, Ot is . Council Me mb ers F itzpatr ick , Bilo . Council Member Neal. The May o r declared the motion carried • • * • * • * COU NCIL MEMB ER BRADSHAW MOVED TO HOLD A 1983 PREBUDGET PUBLIC HEAR I NG ON MONDAY, JULY 19, 1982, AT 7:30 P .M . Council Member F itz p atric k seconded the motion. Upon a call of the roll, the vote r esulted a s follo ws: Aye s: Council Me mbers Fitzpatric k, Weist , Bilo, radshaw , o is . Na y s: Council M mber Higday. Abs nt: Council Member Ne l. The Mayor declared the aoti o n c arried. I • • - • • J une 21, 1982 Page 15 • • • • • • • • • There was no further bus i ness t o be discussed • • • • • • • COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 10:30 p.m. ~ty Clerk (fa ·ofJ~ I • • ·I - • • • • COUNCIL CHAMBERS City of Englewood, Colorado June 21, 1982 /ev REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on June 21, 1982, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Minister Jim Clark, Mayflower Congregation Church, 3001 South Acoma Street. The pledge of al- legiance was led by a single Boy Scout from Troop 1154. The Mayor asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Absent: Council Member Neal. The Mayor declared a quorum present. * Also present were: * * * * * * City Manager McCown Assistant City Manager Vargas City Attorney DeWitt Director of Public Works Waggoner Director of Parks, Recreation Romans Assistant Director of Parks & Recreation Kuhn Assistant Director of Community Development-Planning Romans Deputy City Clerk Watkins * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JUNE 7, 1982. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Aye Council Members Higday, Fitzpatrick, Weit, Bilo, Bradshaw, Otis. I • • • June 21, 1982 Page 2 Nays: Absent: None. Council Member Neal. • • • The Mayor declared the motion carried • • • • • • • John Howell representing the 7-Up Bottling Company, 2840 South Zuni, was present and discussed opposition to the proposal to place a deposit on beverage bottles for return and recycling. Mr. Howell opposed the proposal on the basis of cost and extra handling that would be required. Mr. Howell discussed the process involved in handling returns and stated bottle litter could be picked up cheaper than what it costs to handle the bottles under the pro- posal. Mr. Howell stated the defects with the proposal are the costs and inconvience caused for on-premise consumption, reta i lers would carry fewer drinks; the i nconvience for consumers using vend- ing machines; and outlawing the secondary packaging in particular the plastic rings that hold a si x -pack. Mr. Howell stated Tr i- cycle was winning the battle aga i nst li tter and there was no n eed legislation. • • • • • • Bi ll Sperry, 2996 So uth Logan, appeared before Coun cil . Mr. Sperry stated he wa s repr ese nt i ng a non -profit ci t i z e n s gr o up for recycling. Mr. Sperry pa sse d i nfor•at i on de s cr i b i ng the s ucce s s the program ha s had i n ni n e s tate s . Mr. Sperry s ta te d the re fund is an e conomi c i n ce n ti v e f or r etu r n ing bo t tl e s t o t h e s tore • • • • • • • Arn y Truby , 23 Birdie Lane , a ppea r ed befor e Council . Mrs . Truby stated she was representing the League of Wo men Voters in favor or recycling act. Mrs. Truby stated recycling would reduce solid waste, the 5 cent deposit would encourage recycling. Mrs. Truby asked for support for the bill. • • • • • • Teedy Kern , 1431 E. Dartmouth, appeared before Council. Mrs. Kern stated she agreed with the League in supporting the re- cycling act. Mr s. Kern expressed her personal con ce r ns about need- ing to recycle. • • • • • • There were no other pre-scheduled visitors on the agenda. Mayor Otis asked if there were any other visitors who would like to speak to Council • • I • • - • June 21, 1982 Page 3 * * * • • • * * * Rich Dutro, 4146 South Dale Court, appeared before Coun- cil. Mr. Dutro was representing the Englewood Jaycees. and asked for financial help in paying for their annual fireworks display. Mr. Dutro stated the merchants can not afford to help in total. The Englewood Jaycees plan to asked for donations again this year. Mr. Dutro stated the Jaycees still owe on last year's display on top of what it is going to cost for this year. Mr. Dutro asked for $3,750. A lengthly discussion ensued. Mr. Dutro stated it was his understanding the Jaycees could not charge an admission fee because the display was run on City property. Director of Parks and Recreation Romans stated Council has the power to overrule the non-collection of an admission fee. John Burnett, Englewood Jaycee member, appeared before Council and discussed what last year's collections were. This year's collections from the merchants was $151 from 96 businesses. Council ceased conversation with the member of the Jaycees to allow Assistant City Manager Vargas to research the files on what was given to the Jaycees last year. were: • * • * • • •co111111unications -No Action Recoaaended• on the agenda (a) (b) (C) (d) (e) (f) (g) Minute s of the Housing Authority meeting of April 28, 1982 . Minutes of the Water and Sewer Board meeting of May 11, 1982. Minute s of the Board of Adjustment and Appeals mee ing of May 12, 1982. Minute s of the Downtown Develop111ent Authority e ting of May 12, 1982. Minute s of the Planning and Zoning Co111111ission meeting of May 18, 1982. Minute s of the Denver Regional Council of Governments meeting of May 26, 1982. Minutes of the Public Library Advisory Board meeting of June 8, 1982 • • I • • - June 21, 1982 Page 4 • • • COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT •coMMUNICATIONS - NO ACTION RECOMMENDED• AGENDA ITEMS SA -SG. Council Member Fitz- patrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a letter from the Executive Di rector of the Englewood Downtown Development Authority concerning appoint- ments to the Authority . COUN CI L MEMBER BRADSHAW MOVED TO APPOINT GORDON CL OSE TO REPLACE LEONARD ROBOHM ON THE EDDA AND TO REAPPOINT BARBARA HOLTHAUS, CLETUS GASSON, AND FRED KAUFMAN. Council Member F i tzpatrick seconded the motion. Upon a c all of the ro ll , the vote r es u l ted a s fo l lows: Aye s : Nays: Ab s e n t : Counc il Members Hi gday , F i tzpatr ic k, We is t, Bi l o , Bradshaw, Otis. No ne . Co u ncil Memb e r Ne al . Th Mayor declared the motion ca rr ied . * * * * * * Mayor Otis presented a letter from Earl Lade wig resign- ing from the Non-Emergency Employees Retirement Board. COUNCIL MEMBER BRADSH AW MOVED TO ACCE PT WITH REG RE T MR. LADEWIG'S RESIGN ATION . Council Mem ber F itzpatrick seconded the mo- tion. Upon a call of the roll, the vote resulted as follo ws: Ayes: Nays: Absent: Council Memb rs Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor decl red the motion carried • • I • • June 21, 1982 Page 5 • • - Council instructed Mr. Mccown to send a letter of acknow- ledgement to Mr. Ladewig. Council Member Fitzpatrick noted the resignation would be effective on this date. * * * * * * Mayor Otis presented a letter from Reverend J. Stanley Fixter resigning from the Housing Authority. COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT THE RESIGNATION OF REVEREND J. STANLEY FIXTER WITH REGRET. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. * • * * * • City Manager Mc Co wn presen ted a Council Communication from the Parks and Re c rea tion Commission conce rning the concession con- tract with 2101 Corporation for food and beverage service for the new golf course clubho u se . Director of Parks and Recreation Pa c ky Romans was presen t and discussed the contract on behalf of the Parks and Re creation Co mmission. Council Member Silo noted discrepancies in the term of the cont ract. COUNCIL MEMBER HIGDAY MOVED TO ENTER INTO A CONTRACT WITH 2101 COR PORATION FOR FOOD AND BEVERAGE SERVICE FOR THE NEW GOLF COURSE CLUBHOUSE COMMENCING ON JULY 1, 1982, AND AMEND THE CONTRACT BY CROSSI NG OUT THE FIRST THREE SENTENCES OF •20. TERM OF AGREE - MENT.• Council Memb r Bilo seconded the motion. Upon a call of the roll, th vote resulted as follows: Ayes: Nay I Council M mb rs Higday, Fitzpatrick, Wit, Bllo, Bradshaw, Otis. None. • I • • - • June 21, 1982 Page 6 Absent: Council Member Neal. • • • The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO BRING FORWARD AGENDA ITEM 70 -A RESOLUTION CONCERNING RECYCLING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. RESOLUTION NO. 27 SERIES OF 1982 A RESOLUTION SUPPORTING INITIATIVE EFFORTS TO RE UIRE RECYCLI NG OF BEVERAGE CONTAINERS. COU NCIL MEMBER BRADSHAW MOVED TO PAS RESOLUTION NO. 27, SERIES OF 1982. Council Meaber Fitz~tric • conded the aotion. Upon a call of the roll, the vote resul d •• follo Aye s: Nays: Absent: Council Member s Higday, Fl zp• rick, Bilo, Bradshaw, O is. Council Member Weist. Council Member Neal. The Mayor declared the motion carried. ORDINANCE NO. 27 SERIES OF 1982 * * * BY AUTHORITY • * * COUNCIL BILL NO. 28 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING A CONTRACT FOR MUNICIPAL SERVICES TO PERMIT OT HER GOVERNMENTAL ENTITIES TO USE THE ENGLEWOOD ANIMAL SHELTER. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 28, SERIES or 1982, ON PINAL READING. Council Member Bradshaw • I • • p- June 21, 1982 Page 7 • • • seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Counc i l Members Higday, Fitzpatrick, Weist, Bile, Bradshaw, Otis. Nays: None. Absent: Council Member Neal. The Mayor declared the motion carried. COUNCIL MEMBER BILO MOVED TO INSTRUCT THE CITY ATTORNEY TO PR EPARE A RESOLUTION APPROVING THE FEES FOR THE ANIMAL SHELTER AS OUTLINED IN THE DIRECTOR OF FINANCE GARY HIGBEE'S MEMO. Counc i l Member Bradshaw seconded the motion. Upon a call of the roll, the vot e resulted as follows: Ayes: Nays : Abs en t: Coun cil Members Higday, Fitzpatr i ck, Weist , Bi le, Bradshaw, Otis. None . Council Me mber Nea l . The Mayor declared t h e mo ti on c arried . ORDIN ANCE NO. SERIES OF 1982~- * * * BY AU TH ORI TY A BILL FOR * * * CO UN CIL BILL NO. 3 4.1 I NTR ODUC ED BY COU NCIL MEMBER FITZ PA TRICK A ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF INDUSTRIAL DE- VELOPMENT REVENUE BONDS, SERIES 1982 (U. S. INDUSTRIES, INC. PRO- JECT) IN THE AGGREGATE PRINCIPAL M'!OUNT OF $2,200,000 TO FINANCE A PROJECT FOR U.S. INDUSTRIES, INC.; RATIFYING CERTAIN ACTION HERETOFORE TAKEN; AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A FINANCING AGREEMENT, AN INDENTURE OF TRUST, SUCH BONDS AND CLOSI NG DOCUMENTS IN CONN CTION THEREWITH; MAKING DETERMINA- TIONS AS TO THE SUFFICIENCY OF REVENUES AND AS TO OTHER MATTERS RE- LATED TO THE PROJECT; AND REPEALING ACTION HERETOFORE TAKEN IN CON- FLICT HEREWITH. COUNCIL M MBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 4.1, SERIES O 1982, ON FIRST READING. Council M ~b r Bllo aeconded he o ion. • I • • -• • • June 21, 1982 Page 8 City Attorney DeWitt commented the City is not financially liable for the issue. The City's involvement would be on liti- gation matters if that were to happen. Upon a call of the roll, the vote resulted as-follows: Ayes: Nays1 Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried • • • • • • • BY AUTHORITY ORDINANCE NO. SERIES OF 1982~- COUNCIL BILL NO. 22.1 INTRODUCED BY COUNCIL MEMBER NEAL/BRADSHAW A BILL FOR AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF ENGLEWOOD BY REPEALING AND RE-ENACTING SECTION 22.7 THEREOF TO REVISE THE SIGN CODE CONTAINED THEREIN. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 22.1, SERIES OF 1982, ON FIRST READING. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abs nt: Council Members Higday, Fitzpatrick, W 1st, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declar d the motion carried • • • • • • • COUNCIL MEMBER BRADSHAW MOVED TO SUSPEND THE RULES AND THE JAYCEES REQUEST IN CONNECTION WITH WHAT ASSISTANT CITY VARGAS WAS ABLE TO PINO IN TH PILES ON PAST REQUESTS AND BUDGETED AMOUNTS. Council M mber Higday seconded the Upon a call of the roll, he vo •resulted•• follows: Ay SI Council Mab rs Higday, l spa rick, • I • • • • • June 21, 1982 Page 9 Weist, Bilo, Bradshaw, Otis. Nays: None. Absent: Council Member Neal. The Mayor declared the motion carried. Mr. Mccown stated under Aid To Other Agencies, $2,300 is remaining. At the budget retreat $1,700 was tentatively set aside for the fireworks display. Mr. Mccown stated he did not know if last year's amount ($500) was picked up by the Jaycees. COUNCIL MEMBER FITZPATRICK MOVED TO PROCEED AS PLANNED AT THE BUDGET RETREAT FOR BUDGETING $1,700 FOR JAYCEES FOR FIREWORKS AND THAT A CONCERTED EFFORT ON GETTING DONATIONS FROM THE CROWD. Council Member Bilo seconded the motion. Council Member Higday stated to check and see if the $500 was picked up. If not, then include the $500 in addition to the $1,700. Upon a call of the roll, the vote resulted as follows: Ayes: Nay s: Absent : Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Counc i l Member Nea l . Th e Mayor de c lared t he motio n ca rr i e d . RESOLUTIO N NO. 28 SERIES OF 1982 * * * * * * A RESOLUTION ACCEPTING RESIGNATION OF LORETTA 8. HUFFINE AS ASSIST- ANT CITY ATTORNEY. COUNCIL ME MBER BILO MOVED TO PASS RESOLUTIO N NO. 28, SERIES OF 1982. Council Member Bradshaw seconded the motion. Upon a call of the roll , the vote resulted as follo ws: Ayes: Nays: Aba nt: Council Members Higday , Fitzpatrick, Weist , Bilo, Bradshaw, Otis. None. Council Member Neal • • I • • - • June 21, 1982 Page 10 • • • The Mayor declared the mot i on carr i ed. * * * * * * City Attorney DeWitt discussed the status of litigation on water quality control commission matter. Mr. DeWitt stated the permit limit would be $5,000. * * * * * * City Attorney DeWitt asked for an executive meeting with Council at this time. * * * * * * Mayor Otis called for a recess at 9:20 p.m. Council re- convened at 9:35 p.m. Mayor Otis asked for a roll call. Upon a call of the roll, the following were present: Council Members Hi gday, Fitzpatri c k, Weist, Bilo, Bradshaw, Otis. Absent : Counci l Member Neal. Mayor Otis declared a quorum present. * * * * * * City Attorney DeW i tt stated the Distric t Cour t ruled ad - v ers ely toward the City in the matter of Oddfellows. The Court r ul ed the i mposed $40,000 asse ssme nt was unconstitutiona l . Mr. De Wit t s tated he would be re c omm e nd i ng some sort action on the part o f t h e Ci ty. In connection with the abov e ma t ter , City Attorne y DeW itt offered a proposed resolution appointing s p eci a l counsel to h and le redevelopaent matters. RESOLUTION NO. 29 SERIES OP 1982 A RESOLUTION APPOINTING PAUL C. BE NEDETTI SPECI AL COUNSEL FOR REDE- VELOP MENT MATTERS. SERIES 0 call of COUNCIL MEMBER BRADS HAW MOVED TO PA SS RESOLUTIO NO. 29, 1982. Council Member Higday seconded the mo ion. Upon a he roll, the voe resulted as follo ws: Ayes, Council M abers Higday, Fitzpatrick, W ls , Bilo, Bradshaw, Otis. aya I one • • I • • - J une 21, 1982 Page 11 Absent: • • • Counc i l Member Neal . The Mayor declared t he motion c a rri e d . * * * * * * City Manager Mccown presented a Co un c il Communication con - cerning award of construction contract for the golf course club- house landscaping and sprinkler system. Director of Parks and Recreation Romans appeared be f ore Council and discussed the bid award and project. COUNCIL MEMBER HIGDAY MOVED TO AWARD THE BID OF CONSTRU C- TION CONTRACT FOR GOLF COURSE CLUBHOUSE LANDSCAPING AND SPRINKLER SYSTEM TO SABELLS INC. FOR $32,000 AND TO ADD $5,000 FOR CONTIN - GENCY. Council Member Bradshaw seconded the mo ti on . Upon a c al l o f the roll, the vote resulted as follows: Ayes : Council Members Higday , Fi tzpatr ic k, Weist, Bilo, Oits. Nays: Council Member Bradshaw . Absent: Council Member Neal . The Mayor declared the motion c arr i e d . * * * * * * City Mana ger Mcco wn presented a Council Co unication from the Directo r of Public Works concerning the award of bid for card- controlled fuel man ag e ment system . Director of Public Works Kells Waggon r app ar d before Council and discuss d the bid. COUNCIL ME MBER BRADSHAW MOVED TO AWARD CONTROLLED FUEL MAN AGE MENT SYSTEM TO LITTLETJOH PANY IN THE AMOUNT OF $31,780. Council Me ber onded the motion. Upon a call of the roll, the follows: TH BID FOR CARD- EQUIPM NT COM- 1 zpa rte sec- voter sulted a Ayes: Council Members Higday, Fitzpatrick, Weist, Bilo , Bradshaw, Otia. Nays: None. Abaen : Council M 111b r al. The Mayor declared he mo ion c arri d • • I • • • June 21, 1982 Page 12 * * * • • • * * * City Manager McCown presented a Council Communication con- cerning the award of contract for construction of gas service pip- ing and ancillary equipment. Director of Public Works Waggoner appeared before Council and discussed the award and project. COUNCIL MEMBER BRADSHAW MOVED TO AWARD THE CONTRACT FOR CONSTRUCTION OF GAS SERVICE PIPING AND ANCILLARY EQUIPMENT TO ECON- OMY MECHANICAL INDUSTRIES, INC., IN THE AMOUNT OF $27,340. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a Council Communication con- cerning Board and Co 11111iss io n vacancies. Council received the transmittal. Council Member Fitz- patrick advised reviewing the letters currently on file before ad- vertising the vacancies. COUNCIL MEMBER BRADSHAW MOVED TO REAPPOINT BETTY BEIER TO THE HOUSING AUTHORITY FOR A TERM TO EXPIRE IN 1987; AND TO REPLACE ST ANLEY FIXTURE BY APPOINTING WILLIAM FRASIER, 3925 SOUTH CLARKSON, OR A TERM TO EXPIR JULY 1, 1983. Council M mber Fitzpatrick a c- onded the motion. Upon a call of the roll, the vote resulted as follows: Aye : Nays: Absent: Council M mbers Higday, Fitzpatrick, Wei t, Bilo, Bradshaw, Otis. None. Council Memb er Neal. The May or decl red the mo ion carried • • • • * • • I • • - June 21, 1982 Page 13 • • • City Manager Mccown presented a Council Communication con- cerning a request to install banners to announce the Columbia L~GA Golf Classic. COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE INSTALLATION OF BANNERS ANNOUNCING THE COLUMBIA LPGA GOLF CLASSIC FROM JULY 9 TO JULY 31, 1982. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO HOLD A SPECIAL MEETING TO DISCUSS INDUSTRIAL REVENUE BONDS FOR A MEDICAL CENTER AND ALSO TO DISCUSS PAVING DISTRICT NO. 28 NOTICE OF SALE OF BONDS ON JUNE 28, 1982, AT 7:30 P.M. OR SHORTLY THEREAFTER AS COUNCIL IS ABLE TO MEET. Council Member Bilo seconded the motion. Upon a call of t he r o l l , the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatri c k, Weist, Bilo, Bradshaw, Otis. None. Coun cil Member Ne a l . The May or decl a r ed th motion car r ied. * * * * * * City Manager McCo wn requested an executive session follo w- ing the public meeti ng for the purpose of discussing do wnto wn d - velopment. * * • * * * Council a ppr o v ed t he pre par ion of a p roclamation con- cerning world peace on September 7 , 1982 through Sept mber 12, 1 82. * • * * * * COU NCIL MEMB ER BRADSH AW MOV D TO ALLOW TH J AYCEES TO HAN G A A N!R ANN OU NCI NG THE FIRE WORKS DI PLAY ON JULY 4TH AS SOO N AS • I • • - June 21, 1982 Page 14 • • • POSSIBLE AND REMOVE THE BANNER AFTER THE 4TH. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatridk, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. COUNCIL MEMBER WEIST MOVED TO PERMIT THE JAYCEES TO CHARGE AN ADMISSION FEE FOR THE FIREWORKS DISPLAY ON JULY 4, 1982, FROM 12:00 NOON ON. Council Member Higday seconded the motion. This matter was discussed at length. Council Member We ist asked the Jaycees to be cognizant the intent of the fireworks dis- play is a family event when deciding upon the admission fee. Council Member Bilo opposed the motion on the basis he be- lieved in a voluntary donation and felt this matter was a crisis legislation. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Weist, Bradshaw, Otis. Council Member s Fitzpatrick, Bilo. Co un cil M mber Neal. The Mayor declared th motion carried . * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO HOLD A 1983 PREBUDCET PUBLIC HEARING ON MONDAY, JULY 19, 1982, AT 7:30 P.H. Council M mber Fitzpatrick seconded the motion. Upon a call of the roll, th ote result d as follo ws: Aye s: Coun cil Memb ers Fitzpatrick, We ist, Bilo, Bradshaw, 0 1 . Nays: Council M mb r Higday. Abs nt: Coun cil Memb er eal, The Ma yor declared the motion c rried. I • • - • June 21, 1982 Page 15 * * * • • • * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 10:30 p.m. ~ty Clerk {fa cYJ~ • I • • - • • REGULAR MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado June 21, 1982 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on June 21, 1982, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Minister Jim Clark, Mayflower Congregation Church, 3001 South Acoma Street. The pledge of al- legiance was led by a single Boy Scout from Troop 1154. The Mayor asked for roll call. Upon a call of the ro l l, the following were present: Coun c il Members Higday, Fi tzpatrick, Weist, Bilo, Bradshaw, Ot i s. Absen t : Counc il Member Ne al . The Mayor declared a quorum pre s ent • • • • • • • Also prese nt we re: City Manage r Mc cown • Assistant City Manager Vargas Cit y At to rne y DeW it t Dir ector of Pub lic Wo rk s Wa gg one r Dir e ctor o f Park s , Re creation Romans Assistant Director of Parks, Recr ation Kuhn Assistant Director of Community Developinent-Planning Romans D puty City Clerk Watkins * * * * • COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JUNE 7, 1982. Council Member Fitzpatrick seconded the mo ton. Upon a call of th roll, the vote resulted as follo ws: Ayes : Council Member s Higday, Fitzpatrick, w lat, Bilo, Bradshaw, Otia • • I • • • June 21, 1982 Page 2 Nays: Absent: • • • None. Council Member Neal. The Mayor declared the motion carried. * * * * * * John Howell representing the 7-Up Bottling Company, 2840 South Zuni, was present and discussed opposition to the proposal to place a deposit on beverage bottles for return and recycling. Mr. Howell opposed the proposal on the basis of cost and extra handling that would be required. Mr. Howell discussed the process involved in handling returns and stated bottle litter could be picked up cheaper than what it costs to handle the bottles under the pro- posal. Mr. Howell stated the defects with the proposal are the costs and inconvience caused for on-premise consumption, reta ilers would carry fewer drinks; the inconvience for consumers using vend - ing machines; and outlawing the secondary packaging in particular the plastic rings that hold a six-pack. Mr. Howell stated Tri- cycle was winning the battle aga inst litter and there was no need legislation. * * * * * * Bill Sperry, 2996 South Logan, appeared before Council. Mr. Sperry stated he wa s represent i ng a non-profit citizens group for recycling. Mr. Sperry passed information describing the success the program has had i n nine states. Mr. Sperry stated the refund is an economic incentive for returning bottles to the store. * * * * * * Amy Truby, 23 Birdie Lane, appeared before Council. Mrs. Truby stated she was representing the League of Women Voters in favor or recycling act. Mrs. Truby stated recycling would reduce solid waste, the 5 cent deposit would encourage recycling. Mrs. Truby asked for support for the bill. * * * * * * T edy Kern, 1431 E. Dartmouth, appe rd before Council. Mrs. Kern stated she agre d with the League in supporting the re- cycling act. Mra. Kern xpressed her peraonal concerns about need- ing to recycl • * * * * * * There w re no other pre -a c hedul d visitor• on the agenda. Mayor Otis ask d it here were any oth r visitors who would like to s peak to Council. • I • • • June 21, 1982 Page 3 * * * • • - * * * Rich Dutro, 4146 South Dale Court, appeared before Coun- cil. Mr. Dutro was representing the Englewood Jaycees. and asked for financial help in paying for their annual fireworks display. Mr. Dutro stated the merchants can not afford to help in total. The Englewood Jaycees plan to asked for donations again this year. Mr. Dutro stated the Jaycees still owe on last year's display on top of what it is going to cost for this year. Mr. Dutro asked for $3,750. A lengthly discussion ensued. Mr. Dutro stated it was his understanding the Jaycees could not charge an admission fee because the display was run on City property. Director of Parks and Recreation Romans stated Council has the power to overrule the non-collection of an admission fee. John Burnett, Englewood Jaycee member, appeared before Council and discussed what last year's collections were. This year's collections from the merchants was $151 from 96 businesses. Council ceased conversation with the member of the Jaycees to allow Assistant City Manager Vargas to research the files on what was given to the Jaycees last year. were: * * * * * * •communications -No Action Recommended• on the agenda (a) (b) (c) (d) (e) (f) (g) Min utes of the Hous ing Author ity meeting of April 28 , 1982. Minutes of the Water and Sewer Board meeting of May 11, 1982. Minutes of the Board of Adjustment and Appeals meeting of May 12, 1982. Minutes of the Downtown Development Authority meeting of May 12, 1982. Minutes of the Planning and Zoning Commission meeting of May 18, 1982. Minutes of the Denver Regional Council of Governments meeting of May 26, 1982. Minut s of the Public Library Advisory Board meeting of June 8, 1982 • • I • • • June 21, 1982 Page 4 • • • COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT •coMMUNICATIONS - NO ACTION RECOMMENDED• AGENDA ITEMS SA -SG. Council Member Fitz- patrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a letter from the Executive Director of the Englewood Downtown Development Authority concerning appoint- ments to the Authority. COUNCIL MEMBER BRADSHAW MOVED TO APPOINT GORDON CLOSE TO REPLACE LEONARD ROBOHM ON THE EDDA AND TO REAPPOINT BARBARA HOLTHAUS, CLETUS GASSON, AND FRED KAUFMAN. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Absen t: Coun cil Member s Higday, F i tzpatrick, Weis t, Bi lo, Bradshaw, Otis . No n e . Co un cil Member Nea l . The Mayor decla r ed t he mot i on c arr i ed. * * * * * * Mayor Otis presented a letter from Earl Lade wig resign- ing from the Non-Emergency Employees Retirem nt Board. COUNCIL MEMBER BRADSH AW MOVED TO ACCEPT WITH REGRET MR. LADE WIG'S RESIG NA TION. Council Member Fitzpatrick seconded the mo- tion. Upon a call of the roll , the vote resulted as follo ws: Ay es: Nays: Absent: Council Me mbe r s Higday , Fitzpatrick, Weist , Bilo , Bradsha w, Otis. None. Council Member Neal. The Mayor declared the motion carried • • I • • June 21, 1982 Page 5 • • • Council instructed Mr. Mccown to send a letter of acknow- ledgement to Mr, Ladewig. Council Member Fitzpatrick noted the resignation would be effective on this date. * * * * * * Mayor Otis presented a letter from Reverend J, Stanley Fixter resigning from the Housing Authority. COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT THE RESIGNATION OF REVEREND J. STANLEY FIXTER WITH REGRET. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a Council Communication from the Parks and Recreation Commission concerning the concession con- tract with 2101 Corporation for food and beverage service for the ne w golf course clubhouse. Director of Parks and Recreation Packy Romans was present and discussed the contract on behalf of the Parks and Recreation Commission. c ontract. Council Member Bilo noted discrepancies in the term of the COUNCIL MEMBER HIGDAY MOVED TO ENTER INTO A CONTRACT WITH 2101 CORPORATION FOR FOOD AND BEVERAGE SERVICE FOR THE NEW GOLF COURSE CLUBHOUSE COMMENCING ON JULY 1, 1982, AND AMEND THE CONTRACT BY CROSSING OUT THE FIRST THREE SENTENCES OF •20. TERM OF AGREE- MENT.• Council Member Bilo seconded the motion. Upon a call of he roll, the vote resulted as follow: Ayes: Nays: Council M mbers Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. • I • • - • June 21, 1982 Page 6 Absent: • • • Council Member Neal. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO BRING FORWARD AGENDA ITEM 70 -A RESOLUTION CONCERNING RECYCLING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Counc il Member Neal. The Mayor declared the motion carried. RESOLUTION NO, 27 SERIES OF 1982 A RESOLUTION SUPPORTING INITIATIVE EFFORTS TO REQUIRE RECYCLING OF BEVERAGE CONTAINERS. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 27, S ERIES OF 1982. Coun c i l Member Fitzpatrick seconded the ffiot i on. Upon a c all of the r ol l, t he vote resulted as follows: Aye s: Nay s: Absent: Cou n cil Member s Higday, F it zpatr ic k, Bilo , Brad s ha w, Otis . Council Me mb er Weis t . Council Member Neal. The Mayor declared the motion carried. ORDIN AN CE NO. 27 SERIES OF 1982 * * * BY AUTHORITY * * * COU NCIL BILL NO. 28 I NTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANC APPROVING A CO NTRACT FOR MUNICIPAL SERVICES TO PER MIT OT HER GOVERN MENTAL ENTITIES TO USE THE ENGLE WOOD AN I MA L SHELTER. COUNCIL MEM R FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 28, SERI SO 19 2, ON FINAL READING. Council Memb r Br dahaw I • • n June 21, 1982 Page 7 • • - seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Nays: None. Absent: Council Member Neal. The Mayor declared the motion carried. COUNCIL MEMBER BILO MOVED TO INSTRUCT THE CITY ATTORNEY TO PREPARE A RESOLUTION APPROVING THE FEES FOR THE ANIMAL SHELTER AS OUTLINED IN THE DIRECTOR OF FINANCE GARY HIGBEE'S MEMO. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Coun ci l Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 19 82~- • • • BY AUTHOR I TY A BILL FOR • • • COU NCIL BILL NO. 34.1 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF INDUSTRIAL DE- VELOPMENT REVENUE BONDS, SERIES 1982 (U. S. INDUSTRIES, INC. PRO- JECT) IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,200,000 TO FINANCE A PROJECT FOR U. S. INDUSTRIES, INC.; RATIFYING CERTAIN ACTION HERETOFORE TAKEN; AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A FI NAN CING AGREEMENT, AN I NDENT URE OF TRUST, SUC H BONDS AND CLOSING DOCU MENT S IN CONNECTIO N THEREWITH; MAK I NG DETERMINA- TIONS AS TO THE SUFFICIENCY OF REVENUES AND AS TO OTHER MATTER S RE- LATED TO THE PROJECT; AND REPEALING ACTION HERETOFORE TAKEN IN CON- FLICT HERE WITH. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 34.1, S RIES OF 1982, ON FIRST READING. Council Memb er Silo second d the mo ion. • I • • • • • June 21, 1982 Page 8 City Attorney DeWitt commented the City is not financially liable for the issue. The City's involvement would be on liti- gation matters if that were to happen. Upon a call of the roll, the vote resulted as , follows: Ayes: Naysr Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Counc i l Member Neal. The Mayor declared the motion carried. * * * * * * BY AUTHORITY ORDINANCE NO . SERIES OF 1 98 2~- COUNCIL BILL NO. 22.1 INTRODUCED BY COUNCIL MEMBER NEAL /BRADSHAW A BILL FOR AN ORDINAN CE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CI TY OF ENGLEWOOD BY REPEALING AND RE-ENACTING SECTION 22.7 THEREOF TO REV IS E THE S I GN CODE CONTAIN ED THEREIN. COUNC I L MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 22 .1 , S ER I ES OF 1 9 82 , ON FI RST READING. Coun cil Membe r Hi gday second e d t h e moti on. Upon a c a ll of the roll, the vote r e sulted a s follo ws: DISCUSS MANAGER PRESENT mo ion. Ayes: Nays: Absent: Council Membe r s Higday, Fitz p a t ric k, Weist, Bilo , Bradsha w , Otis. None. Council Member Neal. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER BRADS HAW MOVED TO SUSPE ND THE RULES AN D THE JAYCEES REQUEST I N CO NN ECTION WITH WHA T ASSISTAN T CI TY VARGAS WAS ABLE TO FIND IN THE FILES ON PAST REQUESTS AN D BUDGETED AMOUNTS. Council Member Higday second d the Upon a call of the roll , the vote resulted as follo ws: Ayes: Council Memb rs Higday, Fitzpatrick, • I • • • • • • June 21, 1982 Page 9 Weist, Bilo, Bradshaw, Otis. Nays: None. Absent: Council Member Neal. The Mayor declared the motion carried. Mr. Mccown stated under Aid To Other Agencies, $2,300 is remaining. At the budget retreat $1,700 was tentatively set aside for the fireworks display. Mr. Mccown stated he did not know if last year's amount ($500) was picked up by the Jaycees. COUNCIL MEMBER FITZPATRICK MOVED TO PROCEED AS PLANNED AT THE BUDGET RETREAT FOR BUDGETING $1,700 FOR JAYCEES FOR FIREWORKS AND THAT A CONCERTED EFFORT ON GETTING DONATIONS FROM THE CROWD. Council Member Bilo seconded the motion. Council Member Higday stated to check and see if the $500 was picked up. If not, then include the $500 in addition to the $1,700. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. RESOLUTION NO. 28 SERIES OF 1982 * * * * * * A RESOLUTION ACCEPTING RESIGNATION OF LORETTA 8. HUFFINE AS ASSIST- ANT CITY ATTORNEY. COUNCIL MEMBER BILO MOVED TO PASS RESOLUTION NO. 28, SERIES OF 1982. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council M mber Neal. I • • • June 21, 1982 Page 10 • • • The Mayor declared the motion carried. * * * * * * City Attorney DeWitt discussed the status of litigation on water quality control commission matter. Mr. DeWitt stated the permit limit would be $5,000. * * * * * * City Attorney DeWitt asked for an executive meeting with Council at this time. * * * * * * Mayor Otis called for a recess at 9:20 p.m. Council re- convened at 9:35 p.m. Mayor Otis asked for a roll call. Upon a call of the roll, the following were present: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Absent: Council Member Neal. Mayor Otis declared a quorum present. * * * * * * City Attorney DeWitt stated the Distr ict Court ruled ad- versely toward the City in the matter of Oddfellows. The Court ruled the im posed $40,000 assessment was unconstitutional. Mr. DeWitt stated he would be recolllllle nding some sort action on the part of the City. In connection with the above matter, City Attorney DeWitt offered a proposed resolution appointing special counsel to handle redevelopment matters. RESOLUTION NO. 29 SERIES OF 1982 A RESOLUTION APPOINTING PAUL C. BENEDETTI SPECIAL COUNSEL FOR REDE- VELOPMENT MATTERS. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 29, SERIES OF 1982. Council Member Higday seconded the motion. Upon a cal l of the roll, the vot resulted as follows: Ay SI Nays: Council Members Higday, Fitzpatrick, Wela , Bilo, Bradahaw, Otia. None • I • • - • June 21, 1982 Page 11 Absent: • • ,· • Counc i l Member Neal. The Mayor declared the motion carried. * * * * • * City Manager Mccown presented a Council Communication con- cern ing award of construction contract for the golf course club- hous e landscaping and sprinkler system. Director of Parks and Recreation Romans appeared before Co uncil and discussed the bid award and project. COUNCIL MEMBER HIGDAY MOVED TO AWARD THE BID OF CONSTRUC- TION CONTRACT FOR GOLF COURSE CLUBHOUSE LANDSCAPING AND SPRINKLER S YSTEM TO SABELLS INC. FOR $32,000 AND TO ADD $5,000 FOR CO NTIN - GE NCY. Council Member Bradshaw seconded the mot ion. Upon a call o f the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Oits. Council Member Bradshaw. Council Member Neal. The Mayor declared the mot i on carried. * * * * * * City Manager Mccown presented a Council Communication from the Director of Public Works concerning the award of bid for card- co ntrolled fuel management system. Director of Public Works Kells Waggoner appeared b fore Co uncil and discussed the bid. COUNCIL MEMBER BRADSHAW MOVED TO AWARD THE BID FOR CARD- CONTROLLED FUEL MANAGEMENT SYSTEM TO LITTLETJOHN EQUIPMENT COM- PANY IN THE AMOUNT OF $31,780. Council Memb r Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nay I Abs nt: Council Member s Higday, Fitzpatrick, Weist, Silo, Bradshaw, Otis. None. Council Memb r Ne 1. The Mayor decl red the motion carri d • I • • • June 21, 1 982 Page 12 * * * • • • * * * City Manager Mccown presented a Council Communication con- cerning the award of contract for construction of gas service pip- ing and ancillary equipment. Director of Public Works Waggoner appeared before Council and discussed the award and project. COUNCIL MEMBER BRADSHAW MOVED TO AWARD THE CONTRACT FOR CONSTRUCTION OF GAS SERVICE PIPING AND ANCILLARY EQUIPMENT TO ECON- OMY MECHANICAL INDUSTRIES, INC., IN THE AMOUNT OF $27,340. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a Council Communication con- cerning Board and Cofflllission vacancies. Council received the transmittal. Council Member Fitz- patrick advised reviewing the letters currently on file before ad- vertising the vacancies. COUNCIL MEMBER BRADSHAW MOVED TO REAPPOINT BETTY BEIER TO THE HOUSING AUTHORITY FOR A TERM TO EXPIRE IN 1987; AND TO REPL ACE STANLEY FIXTURE BY APPOINTING WILLIAM FRASIER, 3925 SOUTH CLARKSON, FOR A TERM TO EXPIRE JULY 1, 1983. Council Member Fitzpatrick sec- onded the motion. Upon a call of the ro ll , the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor d clared th motion carried. * * * * * * • I • • - J une 21, 1982 Page 13 • • • City Manager Mccown presented a Counc il Communication con- c erning a request to install banners to announce the Columbia LP.GA Golf Classic. COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE INSTALLATION OF BANNERS ANNOUNCING THE COLUMBIA LPGA GOLF CLASSIC FROM JULY 9 TO JULY 31, 1982. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO HOLD A SPECIAL MEETING TO DISCUSS INDUSTRIAL REVENUE BONDS FOR A MEDICAL CENTER AND ALSO TO DISCUSS PAVING DISTRICT NO. 28 NOTICE OF SALE OF BONDS ON JUNE 28, 1982, AT 7:30 P.M. OR SHORTLY THEREAFTER AS COUNCIL IS ABLE TO MEET. Council Member Bilo seconded the motion. Upon a call of t he roll , the vote resulted as follows: Ayes: Nays: Ab sent: Council Members Higday, Fitzpatrick, Weis t , Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. * * * * * * City Manager Mccown r quested an execut i ve session follow - i ng the public meeting for the purpose of discussing downtown de - velopment. * * * * * * Council approved the preparation of a proclamation con - ce rning world peace on September 7, 1982 through S ptember 12, 1 982. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO ALLOW THE JAYCEES TO HANG A BANNER ANNOUNCING THE FIREWORKS DISPLAY ON JULY 4TH AS SOON AS • I • • • June 21, 1982 Page 14 • • • POSSIBLE AND REMOVE THE BANNER AFTER THE 4TH. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatri~k, Weist, Bilo , Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. COUNCIL MEMBER WEIST MOVED TO PERMIT THE JAYCEES TO CHARGE AN ADMISSION FEE FOR THE FIREWORKS DISPLAY ON JULY 4, 1982, FROM 12:00 NOON ON. Council Member Higday seconded the motion. This matter was discussed at length. Council Member We ist asked the Jaycees to be cognizant the intent of the fireworks dis- play is a family event when deciding upon the admission fee. Council Member Bilo opposed the motion on the basis he be- lieved in a voluntary donation and felt this matter was a crisis legislation. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Weist, Bradshaw, Otis. Council Members Fitzpatr ick, Bilo. Council Member Neal. The Mayor declared the motion carried. * * * * * • COUNCIL MEMBER BRADSHAW MOVED TO HOLD A 1983 PREBUDCET PUBLIC HEARING ON MONDAY, JULY 19, 1982, AT 7:30 P.H. Council Member Fitzpatrick seconded the motion. Upon a call of the rol l, the vote resulted as follows: Ayes: Council Members Fitzpatrick, Weist, Bi lo, Brad haw, Otis. Nays: Council M mber Higday. Absent: Council Member Neal. The Mayor declared the otion c rr led. • I • • • June 21, 1982 Page 15 * * * • • • * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 10:30 p.m. I • • • • • • COUNCIL CHAMBERS City of Englewood, Colorado June 21, 1982 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on June 21, 1982, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Minister Jim Clark, Mayflower Congregation Church, 3001 South Acoma Street. The pledge of al- legiance was led by a single Boy Scout from Troop 1154. The Mayor asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Absent: Council Member Neal. The Mayor declared a quorum present. * Also present were: * * * * * * City Manager Mccown Assistant City Manager Vargas City Attorney DeWitt Director of Publi c Works Waggoner Director of Parks, Recreation Romans Assistant Director of Parks, Recreation Kuhn Assistant Director of Community Development-Planning Romans Deputy City Clerk Watkins * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JUNE 7, 1982. Council Member Fitzpatrick seconded th motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Me~b rs Hlgday, Fitzpatrick, Weist, Bllo, redshaw, Otis. • I • • • June 21, 1982 Page 2 Nays: Absent: • • • None. Council Member Neal. The Mayor declared the motion carried • • • • • • • John Howell representing the 7-Up Bottling Company, 2840 South Zuni, was present and discussed opposition to the proposal to place a deposit on beverage bottles for return and recycling. Mr. Howell opposed the proposal on the basis of cost and extra handling that would be required. Mr. Howell discussed the process involved in handling returns and stated bottle litter could be picked up cheaper than what it costs to handle the bottles under the pro- posal. Mr. Howell stated the defects with the proposal are the costs and inconvience caused for on-premise consumption, retailers would carry fewer drinks; the inconvience for consumers using vend- ing machines; and outlawing the secondary packaging in particular the plastic rings that hold a six-pack. Mr. Howell stated Tri- cycle was winning the battle against litter and there was no need legislation. • • • • • • Bill Sperry, 2996 South Logan, appeared before Council. Mr. Sperry stated he was representing a non-profit citizens group for recycling. Mr. Sperry passed information describing the success the program has had in nine states. Mr. Sperry stated the refund is an economic incentive for returning bottles to the store • • • • • • • Amy Truby, 23 Birdie Lane, appeared before Council. Mrs. Truby stated she was representing the League of Women Voters in favor or recycling act. Mrs. Truby stated recycling would reduce solid waste, the 5 cent deposit would encourage recycling. Mrs. Truby asked for support for the bill • • • • • • • Teedy Kern, 1431 E. Dartmouth, appeared before Council. Mrs. Kern stated she agreed with the League in supporting the re- cycling act. Mrs. Kern expressed her personal concerns about need- ing to recycl • • • • • • • There were no other pre-scheduled visitor• on the agende. Mayor Oti a ked if there were any other visitor• who would lik o •Pak to Council • • I • • June 21, 1982 Page 3 * * * • • • * * * Rich Dutro, 4146 South Dale Court, appeared before Coun- cil. Mr. Dutro was representing the Englewood Jaycees . and asked for financial help in paying for their annual fireworks display. Mr. Dutro stated the merchants can not afford to help in total. The Englewood Jaycees plan to asked for donations again this year. Mr. Dutro stated the Jaycees still owe on last year's display on top of what it is going to cost for this year. Mr. Dutro asked for $3,750. A lengthly discussion ensued. Mr. Dutro stated it was his understanding the Jaycees could not charge an admission fee because the display was run on City property. Director of Parks and Recreation Romans stated Council has the power to overrule the non-collection of an admission fee. John Burnett, Englewood Jaycee member, appeared before Council and discussed what last year's collections were. This year's collections from the merchants was $151 from 96 businesses. Council ceased conversation with the member of the Jaycees to allow Assistant City Manager Vargas to research the files on what was given to the Jaycees last year. were: * * * * * * •commun ica tions -No Action Recommended• on the agenda (al (b) (c) (d) ( ) (f) (g) Min utes of the Hou si ng Authority meet ing of Apr il 28, 1982. Minutes of the Water and Se wer Board meeting of May 11, 1982. Minutes of the Board of Adjustment and Appeals meeting of May 12, 1982. Minutes of the Downtown Development Authority meeting of May 12, 1982. Minut s of the Planning and Zoning Commission meeting of My 18, 1982. Minute s of the Denver Regional Council of Governments meeting of May 26, 1982. Minutes of he Public Library Advi sory Board me• ing of June 8, 1982 • • I • • - • June 21, 1982 Page 4 • • • COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT "COMMUNICATIONS - NO ACTION RECOMMENDED• AGENDA ITEMS SA -5G. Council Member Fitz- patrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. * * * • * * Mayor Otis presented a letter from the Executive Director of the Englewood Downtown Development Authority concerning appoint- ments to the Authority. COUNCIL MEMBER BRADSHAW MOVED TO APPOINT GORDON CLOSE TO REPLACE LEONARD ROBOHM ON THE EDDA AND TO REAPPOINT BARBARA HOLTHAUS, CLETUS GASSON, AND FRED KAUFMAN. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The May or declared the motion carried. * * * * * * Mayor Otis presented a letter from Earl Ladewig resign- ing from the Non-Emerg ncy Employees Retirement Board, COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT WITH REGRET MR. LADEWIG'S RESIGNATION, Council M mber Fitzpatrick seconded the mo- tion, Upon a call of the roll, the vote resulted as follows: Ayes: Council Memb r• Higday, Fitzpatrick, Weis , Bilo, Bradshaw, Otis, Nay a: None. Abaent : Council Member Neal, The Mayor dechr d he 110 ion carried. I • • June 21, 1982 Pa ge 5 • • • Council instructed Mr. Mccown to send a letter of acknow- ledgement to Mr. Ladewig. Council Member Fitzpatrick noted the resignation would be effective on this date. * * * * * * Mayor Otis presented a letter from Reverend J. Stanley F i x te r res i gn i ng from the Housing Authority. COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT THE RESIGNATION OF REVEREND J. STANLEY FIXTER WITH REGRET. Counci l Member Higday seconded the mot i on. Upon a call of the roll, the vote resulted as follows: Aye s: Nay s: Absent : Council Members Hi gday, F it zpa tric k We i st, Bi lo, Brad s haw, Otis . Non e. Co un cil Member Nea l . The Mayor de cl are d t he mot io n carr i ed. * * * * * * Ci ty Manager Mccown presen ted a Co un cil Co mm unication fro m the P a rk s and Rec r eation Co mm ission concerning the conc e ssion con- tract with 2101 Cor p oration for food a nd beverage service for the new golf course clubhouse. Director of Parks and Recreation Packy Romans was present and discussed the contract on behalf of the Parks and Recreation Com mission. Council Member Bilo noted discrepancies in the term of the contract . COUNCIL MEMBER HIGOAY MOVED TO ENTER INTO A CONTRACT WITH 2101 CORPORATION FOR FOOD ANO BEVERAGE SERVICE FOR THE NEW GOLF CO URSE CLUBHOUSE CO MMENCING ON JULY 1, 1982, ANO AMEND THE CONTRACT BY CROSSING OUT THE FIRST THREE SENTENCES OF •20. TERM OF AGREE- MENT.• Council M mber Bilo conded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays, Council Memb rs Higday, Fltzp trick, Weist, Bilo, Bradshaw, Otis. None. • I • • - • June 21, 1982 Page 6 Absent: • • • Council Member Neal. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO BRING FORWARD AGENDA ITEM 70 -A RESOLUTION CONCERNING RECYCLING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. RESOLUTION NO. 27 SERIES OF 1982 A RESOLUTION SUPPORTING INITIATIVE EFFORTS TO REQUIRE RECYCLING OF BEVERAGE CONTAINERS. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 27, SERIES OF 1982. Council Member Fitzpatrick seconded the ~otion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Member s Higday, Fitzpatrick, Bilo, Bradshaw, Otis. Council Member Weist. Council Memb r Neal. The Mayor declared the motion carried. ORDI NANCE NO, 27 SERIES OF 1982 * * * BY AUTHORITY * * * COUNCIL BILL NO. 28 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROV[NG A CO NTRACT FOR MUNICIPAL SERVICES TO PERMIT OTHER GOVERNMENTAL ENTITIES TO USE THE ENGLEWOOD ANIMAL SHELTER. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 28, SERIES OP 1982, ON PINAL READING. Council Member Bradah w I • • - • • • • June 21, 1982 Page 7 seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Nays: None. Absent: Council Member Neal. The Mayor declared the motion carried. COUNCIL MEMBER BILO MOVED TO INSTRUCT THE CITY ATTORNEY TO PREPARE A RESOLUTION APPROVING THE FEES FOR THE ANIMAL SHELTER AS OUTLINED IN THE DIRECTOR OF FINANCE GARY HIGBEE'S MEMO. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1982~ * * * BY AUTHORITY A BILL FOR * * * COUNCIL BILL NO. 3 4.1 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF INDUSTRIAL DE- VELOPMENT REVENUE BONDS, SERIES 1982 (U.S. INDUSTRIES, INC. PRO- JECT) IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,200,000 TO FINANCE A PROJECT FOR U.S. INDUSTRIES, INC.; RATIFYING CERTAIN ACTION HERETOFORE TAKEN; AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A FINANCING AGREEMENT, AN INDENTURE OF TRUST, SUCH BONDS AND CLOSING DOCUMENTS IN CONNECTION THEREWITH; MAKING DETERMINA- TIONS AS TO THE SUFFICIENCY OF REVENUES AND AS TO OTHER MATTERS RE- LATED TO THE PROJECT; AND REPEALING ACTION HERETOFORE TAKEN IN CON- FLICT HEREWITH. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 34.l, SERIES OF 1982, ON FIRST READING. Council Member Bilo a c ond d h mo ion • • I • - • • • • June 21, 1982 Page 8 City Attorney DeWitt commented the City is not financially liable for the issue. The City's involvement would be on liti- gation matters if that were to happen. Upon a call of the roll, the vote resulted as, follows: Ayes: Nays1 Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. * * * * * * BY AUTHORITY ORDINANCE NO. SERIES OF 1982~- COUNCIL BILL NO. 22 .1 INTRODUCED BY COUNCIL MEMBER NEAL /BRADSHAW A BILL FOR AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF ENGLEWOOD BY REPEALING AND RE -ENACTING SECTION 22.7 THEREOF TO REVISE THE SIGN CODE CONTAINED THEREIN. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 22.1 , SERIES OF 1982, ON FIRST READING. Council Member Higday seconded t he mot ion. Upon a call of the roll, the vote resulted as follows: DISCUSS MANAGER PRESENT motion. Ayes: Nays: Absent : Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO SUSPEND THE RULES AND THE JAYCEES REQUEST IN CONNECTION WITH WHAT ASSISTANT CITY VARGAS WA S ABLE TO FIND IN THE FILES ON PAST REQUESTS AND BUDGETED AMOUNTS. Council Member Higday seconded the Upon a call of the roll, the vote resulted as follows1 Ayea: Council M mbers Higday, Fitzpatrick, • I • • n -• • • June 21, 1982 Page 9 Weist, Bilo, Bradshaw, Otis. Nays: None. Absent: Council Member Neal. The Mayor declared the motion carried. Mr. Mccown stated under Aid To Other Agencies, $2,300 is remaining. At the budget retreat $1,700 was tentatively set aside fo r the fireworks display. Mr. Mccown stated he did not know if l ast year's amount ($500 ) was picked up by the Jaycees. COUNCIL MEMBER FITZPATRICK MOVED TO PROCEED AS PLANNED AT THE BUDGET RETREAT FOR BUDGETING $1,700 FOR JAYCEES FOR FIREWORKS AND THAT A CONCERTED EFFORT ON GETTING DONATIONS FROM THE CROWD. Co u ncil Member Bilo seconded the motion. Counci l Member Higday stated to check and see if the $500 was p ic ked up. If not, then include the $500 in additiop to the $1 ,7 00. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Ab se nt: Council Members Higday, F i tzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Nea l . Th e Ma yor de cla re d t h e mo tio n carried . RESOLUTION NO. 28 SERIES OF 1982 * * * * * * A RESOLUTION ACCEPTING RESIGNATION OF LORETTA B. HUFFINE AS ASSIST- ANT CITY ATTORNEY. COUNCIL MEMBER BILO MOVED TO PASS RESOLUTION NO. 28, SERIES OF 1982. Council Member Bradshaw seconded the motion. Upon a call of the roll, th voter sulted as follo ws: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. • I • • - June 21, 1982 Page 10 • • • The Mayor declared the motion carried. * * * * * * City Attorney DeWitt discussed the status of litigation on water quality control commission matter. Mr. DeWitt stated the permit limit would be $5,000. * * * * * * City Attorney DeWitt asked for an executive meeting with council at this time. * * * * * * Mayor Otis called for a recess at 9:20 p.m. Council re- convened at 9:35 p.m. Mayor Otis asked for a roll call. Upon a call of the roll, the following were present: council Members Higday, Fitzpatrick, Weist, Silo, Bradshaw, Otis. Absent: Council Member Neal. Mayor Otis declared a quorum present. * * * * * * City Attorne y DeWitt stated the Distr ict Court ruled ad - versely toward the City in the matter of Oddfe llows. The Court ruled the imposed $40 ,000 assessment was unconstitutional. Mr. DeWitt stated he wou ld be recommending some sort action on the part of the City. In connection with the above matter, City Attorney DeWitt offered a propoaed resolution appointing special counsel to handle redevelopment matter•. RESOLUTION NO. 29 SERIES OF 1982 A RESOLUTION APPOINTING PAUL C. BENEDETTI SPECIAL COUNSEL FOR REDE- VELOPMENT MATTERS. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 29, SERIES or 1982. Council Member Higday seconded the motion. Upon a call of the roll, the voter sulted as follows: council Members Higday, Fitzpatrick, Weist, Bilo, Bradahaw, Otia. Ayes1 Nays1 None. • I • • - June 21, 1982 Page 11 Absent: • • • Counc i l Member Neal. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a Council Communication con- cerning award of construction contract for the golf course club- house landscaping and sprinkler system. Director of Parks and Recreation Romans appeared before Council and discussed the bid award and project. COUNCIL MEMBER HIGDAY MOVED TO AWARD THE BID OF CONSTRUC- TION CONTRACT FOR GOLF COURSE CLUBHOUSE LANDSCAPING AND SPRINKLER SYSTEM TO SABELLS INC. FOR $32,000 AND TO ADD $5,000 FOR CONTIN- GENCY. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Oits. Council Member Bradshaw. Council Member Neal. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a Council Communication from the Director of Public Works concerning the award of bid for card- c o ntrolled fuel management system. Director of Public Works Kells Waggon r app ared b fore Council and discussed the bid. COUNCIL MEMBER BRADSHAW MOVED TO AWARD THE BID FOR CARD - CONTROLLED FUEL MANAGEMENT SYSTEM TO LITTLETJOHN EQUIPMENT COM- PANY IN THE AMOUNT OF $31,780. Council Memb r Fitzpatric s c- o nded the motion. Upon a call of the roll, th voter sulted as f ollows: Ayes: N ys: Abaen Council Memb ers Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member N 1. The Mayor declared he mo ion c arri d • • I • • • June 21, 1982 Page 12 * * * • • • * * * City Manager Mccown presented a Council Commun i cat i o n con - ce r ning the award of contract for construction of gas service pip- ing and ancillary equipment. Director of Public Works Waggoner appeared before Counc i l and d i scussed the award and project. COUNCIL MEMBER BRADSHAW MOVED TO AWARD THE CONTRA CT FOR CO NSTRUCTION OF GAS SERVICE PIPING AND ANCILLARY EQUIPMENT TO ECON - OMY MECHANICAL INDUSTRIES, INC., IN THE AMOUNT OF $27,340. Coun cil Member Hi gday seconded the motion. Upon a call of the roll, the v ot e resulted as follows: Ayes: Na y s: Absent : Counci l Members Higday, Fi tzpatr i ck, We i st, Bi l o , Br a d s haw, Oti s. No n e . Co un cil Member Neal . The Mayor dec l ared the mo ti on car ri ed. * * * * * * Ci ty Ma n a ger Mc c o wn pre sented a Cou n cil Commu nication con- cerni n g Board a nd Comm issi on vacancies . Cou n cil recei v ed the transmittal. Council Member Fitz- patrick advised re v ie wing the letters currently on file before ad- vertising the vacancies. COUNCIL MEMBER BRADSHAW MOVED TO REAPPOINT BETTY BEIER TO THE HOUSING AUTHORITY FOR A TERM TO EXPIRE IN 1987; AND TO REPLACE ST ANLEY FIXTURE BY APPOINTING WILLIAM FRASIER, 3925 SOUTH CLARKSON, FOR A TERM TO EXPIRE JULY 1, 1983. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Memb r Neal. The Mayor d clared the motion carried. * * * * * * • ) I • J une 21, 1982 Page 13 • • • City Manager Mccown presented a Coun c il Communication con - c erning a request to install banners to announce the Columbia LP.GA Golf Classic. COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE INSTALLATION OF BANNERS ANNOUNCING THE COLUMBIA LPGA GOLF CLASSIC FROM JULY 9 TO JULY 31, 1982. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO HOLD A SPECIAL MEETING TO DISCUSS INDUSTRIAL REVENUE BONDS FOR A MEDICAL CENTER AND ALSO TO DISCUSS PAVING DISTRICT NO. 28 NOTICE OF SALE OF BONDS ON JUNE 28, 1982, AT 7:30 P.M. OR SHORTLY THEREAFTER AS COUNCIL IS ABLE TO MEET. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Ab se nt: Council Members Hi gday, Fitzpatrick, Weist, Bilo, Bradshaw, Ot i s. None. Coun cil Member Ne a l . The Mayo r d ecl a r e d the motion carried . * * * * * * City Manager Mcco wn requested an execut i ve session follow - ing the public meeting for the purpose of discussing downto wn d -v lopment. * * * * * * Council approv ed the pre paration of a proclama tion con - c ern i ng world pe ce on September 7, 1982 through September 12, 1 982. * * * * * * COUNCIL MEMBER BR ADS HAW MOVED TO ALLOW TH JAYCEES TO HA G A ANNER ANNOUNCING THE FIREWORKS DISPLAY ON JULY 4TH AS SOON AS • • I • • June 21, 1982 Page 14 • • • POSSIBLE AND REMOVE THE BANNER AFTER THE 4TH. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatri~k, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. COUNCIL MEMBER WEIST MOVED TO PERMIT THE JAYCEES TO CHARGE AN ADMISSION FEE FOR THE FIREWORKS DISPLAY ON JULY 4, 1982, FROM 12:00 NOON ON. Council Member Higday seconded the motion. This matter was discussed at length. Council Member Weist asked the Jaycees to be cognizant the intent of the fireworks dis- play is a family event when deciding upon the admission fee. Council Member Bilo opposed the motion on the basis he be- lieved in a voluntary donation and felt this matter was a crisis legislation. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Weist, Bradshaw, Otis. Council Member s Fitzpatrick, Bilo. Council Member Neal. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO HOLD A 1983 PREBUDGET PUBLIC HEARING ON MONDAY, JULY 19, 1982, AT 7:30 P.M. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, th vote resulted as follows: Ayes: Council Members Fitzp trick, Weist, Bilo, Bradshaw, Otis. Nay : Council M mber Higday. Absent: Council M mb r Neal. The Mayor decl red the motion e rried • • I • • - • J une 21, 1982 Page 15 * * * • • • * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 10:30 p.m. ~ty Clerk tfo crJ~ • I • • • REGULAR MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado June 21, 1982 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on June 21, 1982, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Minister Jim Clark, Mayflower Congregation Church, 3001 South Acoma Street. The pledge of al- legiance was led by a single Boy Scout from Troop tl54. The Mayor asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Absent: Council Member Neal. The Mayor declared a quorum present. * * * * * * Also present were : City Manager Mccown * Assistant City Manager Vargas City Attorney DeWitt Director of Publi c Works Waggoner Director of Parks & Recreation Romans Assistant Director of Parks & Recreation Kuhn Assistant Director of Community Development-Planning Romans Deputy City Clerk Watkins * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JUNE 7, 1982. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Memb rs Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis • • I • • - • June 21, 1982 Page 2 Nays: Absent: • • • None. Council Member Neal. The Mayor declared the motion carried. * * • * * * John Howell representing the 7-Up Bottling Company, 2840 South Zuni, was present and discussed opposition to the proposal to place a deposit on beverage bottles for return and recycling. Mr. Howell opposed the proposal on the basis of cost and extra handling that would be required. Mr. Howell discussed the process involved in handling returns and stated bottle litter could be picked up cheaper than what it costs to handle the bottles under the pro- posal. Mr. Howell stated the defects with the proposal are the costs and inconvience caused for on-premise consumption, retailers would carry fewer drinks; the inconvience for consumers using vend- ing machines; and outlawing the secondary packaging in particular the plastic rings that hold a six-pack. Mr. Howell stated Tri- cycle was winning the battle against litter and there was no need legislation. * * * * * • Bill Sperry, 2996 South Logan, appeared before Council. Mr. Sperry stated he was representing a non-profit citizens group for recycling. Mr. Sperry passed information describing the success the program has had in nine states. Mr. Sperry stated the refund is an economic incentive for returning bottles to the store. * * * * * * Amy Truby, 23 Birdie Lane, appeared before Council. Mrs. Truby stated she was representing the League of Women Voters in favor or recycling act. Mrs. Truby stated recycling would reduce solid waste, the 5 cent deposit would encourage recycl i ng. Mrs. Truby asked for support for the bill. * * * • • • Teedy Kern, 1431 E. Dartmouth, appeared before Counc i l . Mrs. Kern stated she agreed with the League in supporting the re - cycling act. Mrs. Kern expressed her personal concerns about need - ing to recycle. • • • • • • There were no other pre -scheduled visitors on the agenda. Mayor Oti asked if there were any other visitors who would like speak to Council • • 0 I • • • June 21, 1982 Page 3 * * * • • • * * * Rich Dutro, 4146 South Dale Court, appeared before Coun- cil. Mr. Dutro was representing the Englewood Jaycees. and asked for financial help in paying for their annual fireworks display. Mr. Dutro stated the merchants can not afford to help in total. The Englewood Jaycees plan to asked for donations again this year. Mr. Dutro stated the Jaycees still owe on last year's display on top of what it is going to cost for this year. Mr. Dutro asked for $3,750. A lengthly discussion ensued. Mr. Dutro stated it was his understanding the Jaycees could not charge an admission fee because the display was run on City property. Director of Parks and Recreation Romans stated Council has the power to overrule the non-collection of an admission fee. John Burnett, Englewood Jaycee member, appeared before Council and discussed what last year's collections were. This year's collections from the merchants was $151 from 96 businesses. Council ceased conversation with the member of the Jaycees to allow Assistant City Manager Vargas to research the files on what was given to the Jaycees last year. were: * * * * * * •communications -No Ac tion Recommended• on the agenda (a) (b) (C) (d) (e) (f) (g) Minute s of t he Hou sing Authority meeting of Apri l 28, 1982. Minutes of the Water and Se wer Board meeting of May 11, 1982. Minutes of the Board of Ad justment and Appeals meeting of May 12, 1982 . Minutes of the Downtown Development Authority meeting of May 12, 1982. Minutes of the Planning and Zoning Commission meeting of May 18, 1982. Minutes of the Denver Regional Council of Governments meeting of May 26, 1982. Minut s of the Public Library Advisory Board me ting of June 8, 1982 • • I • • ...... June 21, 1982 Page 4 ,· • • - COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT "COMMUNICATIONS - NO ACTION RECOMMENDED• AGENDA ITEMS SA -SG. Council Member Fitz- patrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a letter from the Executive Director of the Englewood Downtown Development Authority concerning appoint- ments to the Authority. COUNCIL MEMBER BRADSHAW MOVED TO APPOINT GORDON CLOSE TO REPLACE LEONARD ROBOHM ON THE EDDA AND TO REAPPOINT BARBARA HOLTHAUS, CLETUS GASSON, AND FRED KAUFMAN. Council Member F it zpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday , Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carri ed. * * * * * * Mayor Otis presented a letter from Earl Ladewig resign- ing from the Non-Emergency Employees Retirement Board. COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT WITH REGRET MR. LADEWIG'S RESIGNATION. Council Member Fitzpatrick seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Memb ers Higday, Fitzpatrick, Weist, Silo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried • • I • • • June 21, 1982 Page 5 • • • Council instructed Mr. Mccown to send a letter of acknow- ledgement to Mr. Ladewig. Council Member Fitzpatrick noted the resignation would be effective on this date. * * * * * * Mayor Otis presented a letter from Reverend J. Stanley Fixter resigning from the Housing Authority. COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT THE RESIGNATION OF REVEREND J. STANLEY FIXTER WITH REGRET. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a Council Communication from the Parks and Recreation Commission concerning the concession con- tract with 2101 Corporation for food and beverage service for the new golf course clubhouse. Director of Parks and Recreation Packy Romans was present and discussed the contract on behalf of the Parks and Recreation Commission. Council Member Bilo noted discrepancies in the term of the c ontract. COUNCIL MEMBER HIGDAY MOVED TO ENTER INTO A CONTRACT WITH 2101 CORPORATION FOR FOOD AND BEVERAGE SERVICE FOR THE NEW GOLF COURSE CLUBHOUSE COMMENCING ON JULY 1, 1982, AND AMEND THE CONTRACT BY CROSSING OUT THE FIRST THREE SENTENCES OF •20. TERM OF AGREE- MENT.• Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None • • I • • June 21, 1982 Page 6 Absent: • • • Council Member Neal. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO BRING FOR~ARD AGENDA ITEM 70 -A RESOLUTION CONCERNING RECYCLING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. RESOLUTION NO. 27 SERIES OF 1982 A RESOLUTION SUPPORTING INITIATIVE EFFORTS TO REQUIRE RECYCLING OF BEVERAGE CONTAINERS. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 27, SERIES OF 1982. Council Member Fitzpatrick seconded the ffiotion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Bilo, Bradshaw, Otis. Council Member Weist. Council Member Neal. The Mayor declared the motion carried. ORDINANCE NO. 27 SERIES OF 1982 * * * BY AUTHORITY * * • COUNCIL BILL NO. 28 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING A CONTRACT FOR MUNICIPAL SERVICES TO PERMIT OTHER GOVERNMENTAL ENTITIES TO USE THE ENGLEWOOD ANIMAL SHELTER. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO . 28, SERIES OP 1982, ON FINAL READING. Council Me~ber Bradshaw • I • • n June 21, 1982 Page 7 • • • seconded the motion. Upon a ca l l of the roll, the vote resulted as follows: Ayes: Coun cil Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Nays: None. Absent: Council Member Neal. The Mayor declared the motion carried. COUNCIL MEMBER BILO MOVED TO INSTRUCT THE CITY ATTORNEY TO PREPARE A RESOLUTION APPROVING THE FEES FOR THE ANIMAL SHELTER AS OUTLINED IN THE DIRECTOR OF FINANCE GARY HIGBEE'S MEMO. Council Member Bradshaw seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes: Nays: Absen t: Council Members Higday, Fitzpatrick, Weist, Silo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried • ORDI NANCE NO . SERIES OF 1982~- • • • BY AUTHORITY A BILL FOR • • • COU NCIL BI LL NO. 34.1 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF INDUSTRIAL DE- VELOPMENT REVENUE BONDS, SERIES 1982 (U. S. INDUSTRIES, INC. PRO- JECT) IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,200,000 TO FINANCE A PROJECT FOR U. S. INDUSTRIES, INC.; RATIFYING CERTAIN ACTION HERETOFORE TAKEN; AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A FINANCING AGREEMENT, AN INDENTURE OF TRUST, SUCH BONDS AND CLOSING DOCUMENTS IN CONNECTION THEREWITH; MAKING DETERMINA - TIONS AS TO THE SUFFICIENCY OF REVENUES AND AS TO OTHER MATTERS RE- LATED TO THE PROJECT; AND REPEALING ACTION HERETOFORE TAKEN IN CON- FLICT HEREWITH. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 34.1, SERIES OP 1982, ON FIRST READING. Council Member Bilo c ond d th mo ion. I • • June 21, 1982 Page 8 • • • City Attorney DeWitt commented the City is not financially liable for the issue. The City's involvement would be on liti- gation matters if that were to happen. Upon a call of the roll, the vote resulted as -follows: Ayes: Nays1 Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. * * * * * * BY AUTHORITY ORDINANCE NO. SERIES OF 1982~- COUNCIL BILL NO. 22.l INTRODUCED BY COUNCIL MEMBER NEAL/BRADSHAW A BILL FOR AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF ENGLEWOOD BY REPEALING AND RE-ENACTING SECTION 22.7 THEREOF TO REVISE THE SIGN CODE CONTAINED THEREIN. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 22.1, SERIES OF 1982, ON FIRST READING. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Weist, Silo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. * * * • * * COUNCIL MEMBER BRADSHAW MOVED TO SUSPEND THE RULES AND DISCUSS THE JAYCEES REQUEST IN CONNECTION WITH WHAT ASSISTANT CITY MANAGER VARGAS WAS ABLE TO FIND IN THE FILES ON PAST REQUESTS AND PRESENT BUDGETED AMOUNTS. Council Member Higday seconded the mo ion. Upon a call of the roll, the vote resulted aa followa1 Ayea: Council M mber• Higday, Fitzpatrick, • I • • • • • • June 21, 1982 Page 9 Weist, Bilo, Bradshaw, Otis. Nays: None. Absent: Council Member Neal. The Mayor declared the motion carried. Mr. Mccown stated under Aid To Other Agencies, $2,300 is remaining. At the budget retreat $1,700 was tentatively set aside for the fireworks display. Mr. Mccown stated he did not know if last year's amount ($500) was picked up by the Jaycees. COUNCIL MEMBER FITZPATRICK MOVED TO PROCEED AS PLANNED AT THE BUDGET RETREAT FOR BUDGETING $1,700 FOR JAYCEES FOR FIREWORKS AND THAT A CONCERTED EFFORT ON GETTING DONATIONS FROM THE CROWD. Council Member Bilo seconded the motion. Council Member Higday stated to check and see if the $500 was picked up. If not, then include the $500 in additiop to the $1,700. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Member s Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Memb er Nea l . The Mayor declared the motion carried . RESOLUTION NO. 28 SERIES OF 1982 * * * * * * A RESOLUTION ACCEPTING RESIGNATION OF LORETTA B. HUFFINE AS ASSIST- ANT CITY ATTORNEY. COUNCIL MEMBER BILO MOVED TO PASS RESOLUTION NO. 28, SERIES OF 1982. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Non • Council Member Neal. • I • • • June 21, 19 8 2 Page 10 • • • The Mayor declared the motion carried . * * * * * * City Attorney DeWitt discussed the status of water quality c o ntro l c omm ission matter. Mr. DeWitt permit limit wo uld be $5,0 0 0. * * * * * * City Attorney DeWitt asked for an executive Council at this time. * * * * * * 11 tigation stated the meeting with Mayor Otis called for a recess at 9:20 p.m. Council re- convened at 9:35 p.m. Mayor Otis asked for a roll call. Upon a call of the roll, the following were present: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Absent : Council Member Neal. Mayor Otis declared a quorum present. * * * * * * on City Attorney DeWitt stated the District Court ru l ed ad - versely toward the Ci ty in the matter of Oddfellows. The Court ru l ed the imposed $40,000 a s ses s ment was unconstitutional. Mr . DeWitt stated he wou l d be recommending some sort action on the p a rt of the City. In connecti o n with the abov e ma tte r , City Attorney De Witt offered a proposed resolution appointing s pecial coun sel to handle redevelopment matters. RESOLUTION NO. 29 SERIES OP 1982 A RESOLUTION APPOINTING PAUL C. BE NEDETTI SPECIAL COUNSEL FOR REDE- VELOP MENT MA TTERS. COU NCIL MEMBER BRADS HAW MOVED TO PASS RESOLUTIO N NO. 29, SERIES OP 1982. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follo ws: Ayes: Nays: Council Meabers Higday, Fitzpatrick, Weist, Bilo, Bradsha w, Otis. None • I • • • June 21, 1982 Page 11 Absent: • • • Council Member Neal. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a Council Communication con- cerning award of construction contract for the golf course club- house landscaping and sprinkler system. Director of Parks and Recreation Romans appeared before Council and discussed the bid award and project. COUNCIL MEMBER HIGDAY MOVED TO AWARD THE BID OF CONSTRUC- TION CONTRACT FOR GOLF COURSE CLUBHOUSE LANDSCAPING AND SPRINKLER SYSTEM TO SABELLS INC. FOR $32,000 AND TO ADD $5,000 FOR CONTIN- GENCY. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Oits. Council Member Bradshaw. Council Member Neal. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a Council Co mmun ication from the Director of Public Works concerning the award of bid for card - co ntrolled fuel management system. Director of Public Works Kells Waggoner appeared before Co uncil and discussed the bid. COUNCIL MEMBER BRADSHAW MOVED TO AWARD THE BID FOR CARD - CO NTROLLED FUEL MANAGEMENT SYSTEM TO LITTLETJOHN EQUIPMENT COM - PANY IN THE AMOUNT OF $31,780. Council Member Fitzpatr i ck s c - o nded the motion. Upon a call of the roll, the vote resulted a s f ollows: Ayes: Nays: Absent: Council Member s Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Oti • None. Council Member Neal. The Mayor declar d the motion c arrie d • I • • n - • • June 21, 1982 Page 12 * * * • • • * * * City Manager McCown presented a Council Communication con- cerning the award of contract for construction of gas service pip- ing and ancillary equipme n t. Director of Public Wo rks Waggoner app eared before Council and discussed the a ward and project. COUNCIL MEMBER BRADSHAW MOVED TO AWARD THE CONTRACT FOR CONSTRUCTION OF GAS SERVICE PIPING AND ANCILLARY EQUIPMENT TO ECON - OMY MECHANICAL INDUSTRIES, INC., IN THE AMOUNT OF $27,340. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried • • * * * * * City Manager Mccown presented a Council Communication con- cerni ng Board and Com11ission vacanc ies . Council recei ved the transmittal. Council Membe r Fitz- patrick advised reviewing the letters currently on file before ad- vertising the vacancies. COUNCIL MEMBER BRADSHAW MOVED TO REAPPO I NT BETTY BEIER TO THE HOUSING AUTHORITY FOR A TERM TO EXPIRE IN 1987; AND TO REPLACE STANLEY FIXTURE BY APPOINTING WILLIAM FRASIER, 3925 SOUTH CLARKSON, FOR A TERM TO EXPIRE JULY 1, 1983. Council Member Fitzpatrick sec - o nded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Fitzpatrick, Weist, Bi lo, Bradshaw, Otis. Nays: None • Absent: Council Member Neal. The Mayor declared the motion carried. * * * * * * • I • • n - • J une 21, 1982 Page 13 • • • City Manager Mccown presented a Council Communication c on - c erning a request to install banners to announce the Columbia LP.GA Golf Classic. COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE 1NSTALLATION OF BANNERS ANNOUNCING THE COLUMBIA LPGA GOLF CLASSIC FROM JULY 9 TO JULY 31, 1982. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO HOLD A SPECIAL MEETING TO DISCUSS INDUSTRIAL REVENUE BONDS FOR A MEDICAL CENTER AND ALSO TO DISCUSS PAVING DISTRICT NO. 28 NOTICE OF SALE OF BONDS ON JUNE 28, 1982, AT 7:30 P.M. OR SHORTLY THEREAFTER AS COUNCIL IS ABLE TO MEET. Council Member Bilo seconded the motion. Upon a call of t he r o l l , the vote resulted as follows: Aye s : Nay s : Ab sent: Council Members Higday, Fi tzpatrick, Weist, Bilo, Bradshaw, Ot is . None . Co un cil Member Nea l . The Mayor declar ed the motion car r ied. * * * * * * City Manager Mcco wn requested an executive session follow- ing the public meeting for the purpose of discussing do wntown de - velopment. * * * * * * Council approved the pre paration of• proclamation con - c erning world peace on September 7, 1982 through Septe•ber 12 , 1982. * • * * * * COUNCIL M MB!R BRADSH AW MOVED TO ALLOW TH! J AYCEES TO HANG A BANNER AN OUN CING TH FIREWORKS DISPLAY ON JULY 4TH AS SOON AS • I • • n • June 21, 1982 Page 14 • • • POSSIBLE AND REMOVE THE BANNER AFTER THE 4TH . Council Mem ber Higday seconded the motion. Upon a call of the roll, th e vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Fitzpatric·k, Weist, Bilo, Bradshaw, Otis. None. Council Member Neal. The Mayor declared the motion carried. COUNCIL MEMBER WEIST MOVED TO PERMIT THE JAYCEES TO CHARGE AN ADMISSION FEE FOR THE FIREWORKS DISPLAY ON JULY 4, 1982, FROM 12:00 NOON ON. Council Member Higday seconded the motion. This matter was discussed at length. Council Member We ist asked the Jaycees to be cognizant the intent of the fireworks dis- play is a family event when deciding upon the admission fee. Council Member Bilo opposed the motion on the basis he be- lieved in a voluntary donation and felt this matter was a crisis legislation. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Weist, Bradshaw, Otis. Council Members Fitzpatri c k, Bilo. Council Membe r Neal. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO HOLD A 1983 PREBUDGET PUBLIC HEARING ON MONDAY, JULY 19, 1982, AT 7:30 P.M. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Fitzpatrick, Weist, Silo, Bradshaw, Otis. Nay : Council Member Higday. Absent: Council Member Neal. The Mayor declared th motion carried. I • • - • • June 21, 1 982 Page 15 * * * • • • * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 10:30 p.m. ~ty Clerk {fo otJaL.; I • • In - 7:30 P.H. ,. • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL JUNE 21, 1982 {.fl.P Q. .'){ /,,... /u Call to order, invocation by Minister Jim Clark, Mayflower Congregational Church, 3001 South Acoma Street, pledge of allegiance by Boy Scout Troops Mo. 115 and No. 154, and roll call~ / /d~ .1ul y;.f, .. .t u c( ~. Minutes. (a) Minutes of the regular meeting of June 7, 1982. (Copies enclosed.) 2. Pre-Scheduled Visitors. (Please limit your presenta- tion to 10 minutes.) (a) Hr. Bill McNamara representing Colorado Resource Recovery will be present to discuss recycling. (b) Hr. Bill Sperry representing Coloradoans for Recycling will be present to discuss recycling. (c) Ha. Amy Truby and Teedy Kern, representing the League of Women Voters, will be present to discuss recycling. Other Visitors. to 5 minutes. 4. Public Haring. your presentation ~...,JJ Iii; t.: -w I 5. Co111111unications -No Action Reco1111ended. (a) Hinut a of the Houaing Authority meeting of April 28, 1982. (Copi s encloaed.) ,, (b) Minutea of the Wat r and S wer Board me ting of Hay 11, 1982. (Copi • encloHd.) (c) Hinutea o the Board of Adjuat• nt and App ala • tin of Hay 12, 1982. (Copiea enclo1ed.) • I • • • • • Page 2 June 21, 1982 Agenda 5. Communications -No Action Recommended (Continued). (d) Minutes of the Downtown Development Authority meeting of May 12, 1982. (Copies enclosed.) (e) Minutes of the Planning and Zoning Commission meeting of May 18, 1982. (Copies enclosed.) · (f) Minutes of the Denver Regional Council of Governments meeting of May 26, 1982. (Copies enclosed.) (g) Minutes of the Public Library Advisory Board meeting of June 8, 1982. (Copies enclosed.) 6. Communications -Action Recommended. (a) Letter from the Executive Director of the Engle- wood Downtown Development Authority to the Mayor and Members of City Council concerning appointments to the Board. (Copies enclosed.) (b) Letter from Mr. Earl Ladewig concerning his resignation from the Retirement Board. (Copies enclosed.) (c) Letter from Reverend J. Stanley Fixter concerning his resignation from the Housing Authority. (Copies enclosed.) (d) Council Communication from the Parka and Recre- ation Commission concerning the concession contract with 2101 Corporation for food and beverage service for the new golf course clubhouse. (Copie s enclosed.) 7. City Attorney. 1 Ordinance on Final Re ding. (a) Ordinance approving a contract for municipal servic • to permit other gov mm ntal ntiti s to us the Engl wood Animal Shelter. (Copi • nclo• d.) • I • • • ,· • Page 3 June 21, 1982 Agenda 7. City Attorney (Continued). (b) Bill authorizing the issuance and sale of In- dustrial Development Revenue Bonds, Series (U.S. Industries, Inc. Project) in the aggregate principal amount of $2,200,000 to finance a project for U.S. Industries Inc.; ratifying certain action heretofore taken; authorizing the execution and delivery by the City of a financing agreement, and Indenture of Trust, such bonds and closing doc\DDents in connection therewith; making determinations as to the sufficiency of revenues and as to other matters related to the project; and repealing action heretofore taken in conflict herewith. (Copies enclosed.) (c) Bill amending the Comprehensive Zoning Ordinance of the City of Englewood by repealing and re- enacting SS 22.7 thereof to revise the Sign Code contained therein. (Copies enclosed.) Resolutions. (d) Resolution supporting initiative efforts to ~ require recycling of beverage containers. ,dJ ~ I (Copies enclosed.) ~1(D --v-----~(r.e~):--iiR-::esolutio n accepting the resignation of Mrs. b ~ .-# 10 Loretta B. Huffine as Assistant City Attorney. • I ',tr<T'O (Copies enclosed.) 8. Other Matters. (f) Attorney's Clloice.-• .., 'fiat-Fx. ...u,~l)..._,. ~ Cn .. ~R.. _ ~..,,t '7f'li., J-'<1CA.J-Ci~ ~,a_l_1 -od~'liJu o.4'.? ~ r <!..L'::t_ , City Manager. ~u.-t)u t')l ua.J (·~u.. 71, ni l ') l • ,.._,/· .J 1a (a) Council Communication from the City Manager ~ r,..-.-, concerning ward of construction contract for the golf cours clubhous landscaping and sprinkler system. (Copies enclosed.) (b) Council Communication from the Director of Public Works concerning the ward of bid for card-controll d fuel managem nt syst m. (Copies enclo1ed.) • I • • - • • • • • Page 4 June 21 , 1982 Agenda 8. City Manage r (Continued ). ~cl Council Communication from the Director of the Bi-City Plant concerning the award of contract for construction of gas service piping and ancillary equipment. (Copies enclosed.) Council Communication from the City Manager concerning Board and Commission vacancies. (Copies enclosed.) ,1 , :.t.~'4,.,1.--.--J .L,;ib,tJ 1..(,,()/ 'ti) m'1 ::J'~ Council Communication from the Community Develop - ment Department concerning the installation of banners announcing the Columbia LPGA Golf , Classic. (Copies enclosed.) .,\'jU1.LCJ<.., if µ.p..., I ~ --:fJ p D {//J z. t k,""° (f) ~a~e~~4!4. n. 6-tK'-~~ ~ JT[/fJ '/7..__ -V -"/Wit}_ ~ ctA .. :IJ.u 9. General Discussion. -~;~~~>1 />l,:b--l,,1w.i)wx., ~~ (a) Mayor's Choice.-AJ~J ~L<J.u'n tTY'l~~1' ...A-?,_,, vU'-Tt I .I AU <'-"-L U (b) Council Member's Cho i ce. ~~ ·}ti_ 'th -a.J..l...,w '-/J --... -.u...v -/!.t lh,.-1.-. <A -4- .,. ~ Qn..u,c..t..L-O., ':£ 'jlju._1..~ ~ tfu- 1 0 :Jr I-*"'. --,£1.!.,_,,;r 'N. a ""'1 'l• ;q. r ~ 7 : &-r .. MCCOWN y Ma nager AM/sb • I • • -• • • . ~cyn'a v /l'>w__-t,~ {J I QU. > ._:}_/, /tl{ J J-1 ~t)>t . Moved Seconded ROLL CALL A yes Nay Absent Hle1day Neal Fl tzoat rick Weist Bi lo Bradshaw Otis ti fh71_ @,-V }) , lt{., (YO 2- • 7 a l f <J ) /lt ('tu }l.. ~ l£. I l /- • Abstain I . • • - • • ROLL CALL Hoved Seconded Ayes Nay Absent Abstain Hlqday ...... Neal , __ Fltzoatrick -Weist I.-- Bi lo J.-- Bradshaw v- Otis L--' • I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Absta in Hlqday - Neal - .........-Fl tzoatrick I Weist I Bi lo 1 V Bradshaw I Otis I I ?1--. • I • • • I - Moved Seconded • ., l ~-' (!,,,, i ~ • • • • ROLL CALL Ayes Nay Absent Abstain .LcJ ~ C ,, µ /,/ , [ s Y"'~ ( r /)l{<)l1 ~ {!., t } £ t..-., 1 1...J /7: A-1.. l -, ~ jY/ ~e ? I • • - • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hiodav Neal Fl tzoatrick Weist Bi lo Bradshaw Otis -' . -,1./) u ~U:4..,0.. /) 1..C.-ca. ,._ 1L <' nd .. Lux-J , /)1.-1 /.. /J..~J.i_ 1J /U (Lr. ( :r -J:°._ oLtc.. -6 u. ~ t' t,l_ u Ld-C<..(L ?)( l..ttl-t:,, ft_4 lj...lj/J WC' /A..,.._J_J,L<J..f ,( , <- -( ..-n i / ~c , 1 u:.H ?'-" , L l( -~l. 1~1. Lt u L<. u. A 1. 1 ' -• .,,l ?U' 1'7.l /Jn, t I • (-<. / ,d 't1.. 4 '!J '?) (I. /. ';1 (i ( I ~ u < 4. :r ~Lt~ I (Ii. <' .J ~ '1 I <f. t:it (. a .I • • • I . • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1odav Neal Fl tzoatrick Weist Ai lo Bradshaw Otis ------1 r ( u -tJ ,. 1 u l~l 'J l I 211<-f'k/, ' ( l. { 1 ( • )l 4!{ )( 7: 1,(. ...__,, tl /?..t 2 .f ( ...l { ·i,c. "-~ 1. J U/le, -./] t I ~~o ·?A.,(_ t. tJ A YJ I '2 (_ .,,, u })( a~I<) -I.I t_/ -~ -l u. ,/ I (! • • -" J ~)2.(<, /)1 y.;l1. .., ). '/. ~ -,7, ?(, y • • - • • ROLL CALL Moved Seconded Aye s Na y Ab t Ab sen stain ~1qdav Neal Fi tzoat rick Weist Bi lo Bradshaw Otis . tj ~ ~ .J2 JLt(Ut.b ~ L Je,l.t 1/' .-U 2 I U '< J..1-; t_ l1..~ ,,,£"-{l" C -d 7) b. '" 1..u· I'-,, 2 -{t v A,.( 'l-,' ~ <. 4--f' /). 1,/ ~ -M~ ~ ~'-<' ; ,;/JI 't .J. tC 1l11t.t,L (. tl/1 1 I . • C'( l& 21 • • • ROLL CALL Hoved Seconded Ayes Na Ab y sent Abstain Hiqdav Neal Fitzoatrick Weist Ri lo Bradshaw Otis , I . • ~ ~ ; (::.,,.l ~~..,_,,_I..,} ~ n / Y • • • • ROLL CALL Moved Seconded Ayes Na Ab y sent Abstain H1adav Neal Fl tznatrick Weist Bi lo Bradshaw Otis -i~ H4 -C ,1_r11 /J v-/-,dia?'j'-' ~ J.0 . -W J7Y14 '7'W' Cdy C /Ll ?L cj '-A<Jo f t i,< U Af // 'if .uu '- ;l/,__,c_ ul.h a N) f ,:,_,,u,1 tf». . -1v: r'-a'f '11"' ,A ~ ru ""'i'f'd;,zl.<_,, )aitt," &, -~ -_ >Lf. 111.. 7 tn1 J'llMJ. <-.A.a 'l y , -'-J t1 '1 d_ 0 I J ,dJ/'4--ft, · -/l'X J-L ?<1 1.., ~,; "'r° 'f Ltz. ,') ;:3u z yi.: I - ' -,~ c, & a l t( d.1 {_.f.p,e_h ~ ef /, 6 6 C, -"1il1 7' j 1< <t -<-_('I 'l.L ., t 1V o 0 { UJ ~ -~f/,',f)2Ly. )t [ C l: t .(_ /)")l/X..l J --t?rr ·u. ( ) , ., ..t; ~/ 1 C?.t1-lt,~ u c/ -u 11 ~,tj,, ,1.. f (11{/"U..1ft(IJ · ' l t 2 l fl v r l./' I . • • - • • ROLL CALL Moved Seconded Ayes Na y Absent Abstain H1qday Neal -Fltzoatrick 1 Weist I Bi lo T V Bradshaw I Otis I 0 • I • • • • - l'loved v"' • • • • • ,; , , l(J1 p at4t J .v-~ J ROLL CALL Seconded - Ayes Nay Absent Abstain H1gday Neal Fl tzoatrick Weist Bi lo Bradshaw Otis QC f7l Xl-m ;Z-~ A d-~'''tl'e !f ~ I<_ tl-u~---n . -------- • 0 I . . • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain tt1<1aav ·-Neal - Fltzoatrick I Weist Bi lo Bradshaw I Otis I 0 I • • • • • • • ROLL CALL Ayes Nay Absent Abstain H11:1dav - Neal - V Fi tzoatrick I Weist Bi lo ,.,.--Bradshaw Otis l I . . • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain V H1qdav -Neal - ' ---Fltzoatrick I Weist 7 Bi lo I Bradshaw 7 .. Otis I 6 C , I • • • • • - • • ;_4(}1d CfUrf1 ..Jif2,l<l vJ ROLL CAL L fn'-u!f I ,~1 1/ I Moved Seconded y Hlgda y .- Ne a l Fi tzoatr ick I Wei s t I L/ Bi lo Bradshaw Ot is I ?u/.J-/()/ {rv I . • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1adav -- Neal -V Fitznatrick I Weist Bi lo V Bradsh-l Otis • • I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlodav Neal - V Fl tzoatr i ck Wei s t - Bi lo - V Bradshaw Otis - 7a • J I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstai n Hlodav ---Neal V Fi tzoat rick I Weist Bi lo ,,..---Bradshaw Otis I 10-. • I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlqaav - Neal Fltznatrick I Weist l,; Bi lo 1.,/ Bradshaw Otis ~- • • I • • • • • - • • Moved Hlooav Neal ,.-Fltznatrick Weist v Bi lo Bradshaw Otis 1b <!~34. I • • I . • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1oifav -- Neal Fltznatrick ...... Weist l Bi lo J Bradshaw I Otis I ' • • I • • • • • • • ROLL CALL Moved • • I • • • - • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain .-Hlodav Neal Fl tznatrick J Weist 7 Bi lo I l/ Bradshaw I Otis j )h (';U?I -tz_J t ~ 4 '&>s> qV tf--1- 17 l7J '5'17) -?7.. ,t£l r ~-'J"..,d .tj . /. Jf << /; J , 1,, I' do --i,,J '/'',t.,c.) ,I. • '1,Ul;bd • I . • n • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlqday Neal V Fl tzoatrick Weist ~ Bi lo Bradshaw Otis • I . • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Absta i n H1qdav --Neal -- Fl tzoatrick ' Weist 1 Bi lo I Bradshaw I Otis I I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain HIO<lav -Neal -Fltzoatrick I Weist I IV' Bi lo I ~ Bradshaw I Otis , • I • • • • - • • • • • ,· • ROLL CALL Moved Seconded Ayes Na y Absent Abstain H!Qdav Neal Fl tzoatrick Weist Rile Bradsh- Otis 11 ~ /71_ _£{ll-/:lA., r~ 7-&--J'YVnU<>"<h__' J.1_,,-nu;t S fll> / j1-'-? nu/.., t:2<J ,: 171., 0 ji '-Uh ?l...,, ;(}-1 ,:,;u ;n -{Lt;_j" Lu>1 < r /lV,,tnL{ ---~----____ /t-i t..d 1: ;)-o ,., (: '),1 /1. t/:..3~ • I . . • - • • ROLL CALL Mo ved Seconded Aye s Na y Ab s ent Abstain H1C1dav ,__ Neal I.-- Fltzoatrick ,,_. Weist L-- Bi lo v- Bradshaw I.-- Otis ~ • • I • • • • • - • • ROLL CALL Moved Seco nde d Aye s N a y Absen t Abstain Hl a da y Ne al -Fl tzoatr i ck Weist Ri lo Bradshaw Otis ~U/LL ~ _L '1"--' ~k//_.iL} ""r I,~) .,,U /.,uilOflcUl~/:; ... ,~f) A,.t1<"A0'> 'YI...{ ~Af)U µ b.,.._, j-tL/ 1.~,11µ~ 0 l 1 1 l.1-. ,/ ,,-u,. ~ /L ,, l"'- I 71/), ~ I . • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain • I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain HIQdav -Neal .-- Fl tzoatrick I Weist I Bi lo I Bradshaw I Otis I • I • • • • • • Moved Seconded Ayes Nay Absent Abstain V H1odav -Neal -Fl tznatrick -Weist -Bi lo -v-Bradshaw - Otis - d tL,. ~de g ~ ;(jJ <3~. fl)) />v c~)~~-t1~ 4, 5/YD ~~ ~ • ' \ I . . - L/' ' 8b. • LbJ (\ F.~ , 4)1 ~ ROLL CALL ~J, 'Se conded Ht Qdav Neal ~ Fl tzoatrick Wei s t Ri lo Bradshaw Oti s • • • Aye s Na y Absen t Ab st a in I ---- I . . • - • • ROLL CALL Moved Seconded A yes Nay Absent Abstain ---z;;. Hindav Neal Fl tznatrick --, Weist I A j lo I ,..... Bradshaw I Otis , J< C~fM-t',L e,,~ .;-t fr),;; I ~d7, 3'/0 I . • • • • - • • Moved Seconded Ayes Nay Absent Abstain Hlacav -Neal --Fl tzoatrick Weist Bi lo Bradshaw Otis • I . • • • - • • • • • ROLL CALL Moved Seconded A yes Nay Ab s e n t Ab st a in H1naav ,_~ Neal I--Fltznatrick Weist Ai lo ,,,_ Bradshaw Otis 0.L °f Jl±;ty ~-f If I( 'ff 1411 ,r /Ut s i,.,_ :;~ ;, ?J 7YI _J pa,L : 3 c; 2 s S Cl.,-c,,t,.,.~, • I . • I • • • Abstain I . • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain lHadav -Neal - V Fi tznatrick I Weist I v--Bi lo I Bradshaw I Otis I -------- • I . . • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hiodav Neal Fl tzoatrick Weist Ai lo Bradshaw Otis ~ -- • I . • • • - • • ROLL CALL Moved Seconded Ayes Nay Ab sent Abstain ,,,. Hiqdav I--- Neal - Fl tznatrick 1 Weist I Rj lo I ~ Bradshaw I Otis I I . • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain J.,, Hl""av Neal Fltznatrick ~ Wei st Rj lo Bradshaw Otis I . • • • ,_ • • ROLL CALL Moved Seconded Ayes Na Absent A stain HiQdav -- Neal -Fitzoatrick - Wei st -- Bi lo -Bradshaw -Otis - I . • • • • • . . ROLL CALL I • - REGULAR MEETING: • • - COUNCIL CHAMBERS City of Englewood, Colorado June 7, 1982 ,~ The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on June 7, 1982, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Reverend Bill Mantei, Cen- tennial Lutheran Church, 3595 West Belleview Avenue. The pledge of al l egiance was led by Boy Scout Troops No. 115 and No. 154. The Mayor asked for roll cal l . Upon a call of the roll, th e fo l lowing were present: Counc il Members Higday, Neal, Fitzpatrick, Weist, Bi lo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present • • • • • • • Al so pre s ent were: City Manager Mccown • Assistant City Manager Vargas Ci ty Attorney DeWitt Di r ec tor of Community Developme n t Power s Deputy City Cl erk Watk i ns • • • • • COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MI NUTES OF THE SPECIAL MEETING OF MAY 10, 1982. Council Me mber Fitzpatrick s conded the motion. Upon a call of the roll , the vote resulted as follows: Ayes: Council M mbers Higday, Neal, Fitzpatrick, Weist, Bilo , Bradsha w, Otis. Nays: None. Th Mayor d clared the motion carried . • • • • • • I • • June 7, 1982 Page 2 • • • COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF MAY 17, 1982. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER NEAL MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF MAY 24, 1982. Council Member Bradshaw seconded the motion. Upon a call of the ro l l, the vote resulted as fo l lows : Ayes: Nays: Council Members Higday, Neal, Fitzpatr i ck, Weist, Bi lo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor, Bil l Thornton, past Chairman of Den ver Reg i onal Council of Governments, was pre s ent. Mr. Thornton discuss ed a program sponsored by DRC OG for Ci ty Innovation Award s which a nnu al ly recognize local government a c hi e vements i n manage - ment a n d in improvement of opera tio n s. Mr. Th orn to n s tated the three cat egor i es were: 1 ) Produ cti ve I mp ro veme n t ; 2 ) Public/Pr i v ate Sector Pa r t ner s h i p; 3 ) Coope r a t ive Service Delivery. Mr. Thornton presented the Ci t y wi t h the follo wing a wards: 1) 1st pl a ce under Cooperative Service Deli v ery for its participation in the central- ized organization police selection (COPS); 2) 2nd place under Co- operative Service Delivery for its participation in the delivery of municipal services for less; and 3) 2nd place under Public/Private Sector Partne r ship for its involvement in a third party agreement to prepare the redevelopment plan for do wntown Engle wood. Mayor Otis accepted the a wards on behalf of the City and thanked Mr . Thornton for the recognition . * • * * * * There w r no other visitors at this time • * * * * • • • I • • • June 7, 1982 Page 3 • • • COUNCIL MEMBER FITZPATRICK MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER AN ORDINANCE ON FINAL READING AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF ENGLEWOOD TO PERMIT MOTOR VEHICLE REPAIR USE AS A CONDITIONAL USE IN THE B-2 DISTRICT. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Director of Community Development Susan Powers came forward and presented the proposed amendment. Ms. Powers stated the hearing was properly noticed in the newspaper. Ms. Powers stated the amendment is to add a new section under the Conditional Use section of the Comprehensive Zoning Ordinance in the B-2 District allowing motor vehicle repair use. Ms. Powers stated the Planning and Zoning Commission held a public hearing on this matter at which no one appeared either in favor or against the amendment. Ms. Powers stated the recommendation from the Planning and Zoning Commission is to add the amendment. Mayor Otis asked if there was anyone present who wished to speak either in favor or against the proposed amendment. No one responded. COUNCIL MEMBER FITZPATRICK MOVED TO CLOSE THE PUBLI C HEAR - ING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 26 SERIES OF 1982 BY AUTHORITY COUNCIL BILL NO. 30 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OP THE CITY OF ENGLEWOOD TO PERMIT MOTOR VEHICLE REPAIR USE AS A CONDI- TIONAL USE IN THE B-2 ZONE DISTRICT. • I • • • • - June 7, 1982 Page 4 COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 30, SERIES OF 1982, ON FINAL READING. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: were: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * •communications -No Action Recommended" on the agenda (a) Minutes of the Board of Adjustment and Appeals meeting of April 14, 1982. (b) Minutes of the Board of Career Service Commis- sioners meetings of April 15 and May 11, 1982. (c) Minutes of the Denver Regional Council of Governments meeting of April 21, 1982. (d) Minutes of the Planning and Zoning Commission meeting of May 4, 1982. (e) Minutes of the Urban Renewal Authority meetings of May 5 and May 19, 1982. (f) Minutes of the Public Library Adv iso ry Board meeting of May 11 , 1 98 2. (g} Minutes of the Parks and Recreation Commission meeting of May 13, 1982. (h) Muni cipal Court Activity Report for the month of April, 1982. (1) Memorandum fro the Chairman of the Planning and Zoning Commission concerning his attendance at the American Planners Association Conference in Dallas, Texas on May 8 -12 , 1982. ( j) Memorandum from the Fire Chief to th City Manager concerning his attendance at th Manage- ment Conference in Fort Worth, Texas. COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT •COMMUNICATION S - NO ACTION RECO MM ENDED• AGENDA ITEMS SA -SJ. Council Member Fitz- pa rick seconded the motion. • I • • - June 7, 1 982 Page 5 • • • Council Member Neal queried the meeting of the Career Ser- vice Board of April 15, 1982, wherein a regular meeting was held but no business was conducted. It was noted the meeting was held during the Welbourne and Wing hearing. Council Members Neal and Higday noted this was a board that received monetary payment for their meetings; and if there was no business to be conducted then the board should not convene. Council Member Higday asked the City Manager to check into this. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. • * * * • * City Manager Mccown presented a recommendation from the Parks and Recreation Commission meeting of May 13, 1982 to accept a proposed City Forester Program as set forth by the City Forester. City Manager Mccown stated money was budgeted for salary only. Mr. Mccown stated Council authorized the preparation of a program and budget and to bring it back to Council. COU NCIL MEMBER HIGDAY MOVED TO RECEIVE THE RECOMMENDA- TION FROM PARKS AND RECREATION. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as follows: • Ayes: Nays: Council Members Higday, Nea l, Fitzpatrick, Weis t , Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council instructed the City Manager to place the forest program on a study session . * • • * * * City Manager Mccown presented a recommendation from the Parks and Recreation Commission meeting of May 13, 1982 , requ sting that funds in the amount of $23,000 be made available for addi- tional r pairs to S pencer ballfield lights. Mr. Mccown at d h would h veto r port back to Council with a budg et to reflect th ddi lonal amount. • I • • • June 7, 1982 Page 6 • • • COUNCIL MEMBER HIGDAY MOVED TO TABLE THE MATTER. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. * * * * * * Council Member Bradshaw presented a recommendat i on from the Parks and Recreation Commission meeting of May 13, 1982, con- cerning the vacancy on the Malley Center Trust Fund Board. COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE THE REAPPOINT- MENT OF HAROLD RUST TO THE MALLEY TRUST FUND BOARD. Council Member Bilo seconded the motion. Upon a call of the roll, the vote re- sulted as follows: Ayes: Council Members Higday, Neal, Fitzpatr ic k, Weist, Bilo, Otis. Nays: None. Abstain: Council Member Bradshaw. The Mayor declared the motion carried . Council Member Bradshaw stated she abstained because of personal reasons. Council Member Bradshaw inst ruc ted staff to send a notification memo of the appointment to the director of the Malley Center. * * * * * * City Manager Mccown presented a Council Communication from t he Urban Renewal Authority transmitting the Urban Renewal Plan and requesting a public hearing be scheduled. COUNCIL MEMBER FITZPATRICK MOVED TO RECEIVE THE URBAN RENEWAL PLAN FROM THE URBAN RENEWAL BOARD AND TO SEND IT TO THE PLANNING AND ZONING COMMISSION FOR THEIR SCRUTINY AND A PUBLIC HEARING AND TO COME BACK TO COUNCIL BEFORE COUNCIL HOLDS A PUBLIC HEARING TENTATIVELY SET FOR JULY 26, 1982, AND REQUEST PLANNING ANO ZON I NG COMMISSION TO PLEASE HOLD THEIR HEARING PRIOR TO JULY 14, 1 982, AND THAT COPIES OF THE PLAN BE SENT TO THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY AND THE ENGLEWOOD BUSINESS ASSOCIATION. Coun- ci l Member Bilo seconded th motion. Upon a call of the roll, the vo r s ulted as follows: I • • • • • J une 7 , 198 2 Page 7 Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bile, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Council Member Neal inquired about the status of the pro- pos e d s i gn code ordinance. Ci ty Attorney DeWitt stated i t was currently under review. Counci l Member Neal asked that the ord i nance be brought back to Council withou t the billboard section for t he next regular City Cou n cil meet i ng, June 21, 1982. * * * * * * BY AUTHOR I TY ORDINAN CE NO. SE RIES OF 1 98 2~- COUNCIL BILL NO. 3 5 INTRODUCED BY COUN CIL MEMBER BRAD S HAW A BILL FOR AN ORDI NAN CE TO AMEND THE COMPREHENSIVE ZONING ORDINANCE OF THE CI TY OF ENGL EW OOD , CO LORAD O, BY PROV I DI NG FOR THE PERM I TTING OF CERT AIN AM USE MEN T OR ENTERTA I N~ENT BUSINESSE S AS COND I TI ONAL US ES WITHIN THE CO MM ERCI AL B-1 AN D B-2 ZONE S . COUNCIL MEMBER BRADSH AW MOVED TO PASS COU NCIL BILL NO. 35, SERIES OF 1982, ON FIRST READI NG AND TO ESTA BLISH JUNE 28, 1982, AS A SPECIAL HEARING ON THIS MATTER AT 7:30 P .M. Council Member Fitz- patrick seconded the motion. Council Member Bradshaw inquired about making the ordi- nance an emergency in light of the numerous amusement centers open- ing in Englewood. City Attorney DeWitt stated Council could declare an merg ncy due to the proliferation of these particular types of establishments and the adverse effects they have on the community, specifica lly, children staying out late at nigh , not going to school. ING AN M mb r h VO COUNCIL MEMBER HIGDAY MOVED TO AMEND THE MOTION BY DECLAR- EMERGENCY FOR REASONS STATED BY THE CITY ATTORNEY. Council Fitzpatrick seconded the motion. Upon a call of the roll, on the amendm n resulted a1 follow,: I • • June 7, 1982 Page 8 Ayes: Nays: • • - Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original motion resulted as follows: Ayes: Nays: The Mayor ORDINANCE NO. SERIES OF 1982~- Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. declared * the motion carried. * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 34 INTRODUCED BY COUNCIL MEMBER ------- AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF INDUSTRIAL DE- VELOPMENT REVENUE BONDS, SERIES (U .S. INDUSTRIES, INC. PROJECT) IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,200,000 TO FINANCE A PROJECT FOR U. S. INDUSTRIES, INC.; RATIFYING CERTAIN ACTION HERETOFORE TAKEN; AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A FINANCING AGREEMENT, AN INDENTURE OF TRUST, SUCH BONDS AND CLOSING DOCUMENTS IN CONNECTION THEREWITH; MAKING DETERMINATIONS AS TO THE SUFFICIE NCY OF REVENUES AND AS TO OTHER MATTERS RELATED TO THE PRO- JECT; AND REPEALING ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH. City Attorney DeWitt asked to table the bill because the bond issue was being re-financed and did not app ar in the appro- priate form. Also, Mr. DeWitt stated Council Member Fitzpatrick had raised a question conce rning the fee. Mr. DeWitt requested time for research. COUNCIL MEMBER FITZPATRICK MOVED TO TABLE COUNCIL BILL NO. 34 , SERIES OF 1982, UNTIL JUNE 21, 1982. Council Memb r Neal s conded the motion. Upon a call of th roll, h vot resulted as follows: Ay s: Council M mbers Higday, Neal, Fitzpatrick, w 1st, Bllo, Bradshaw, 0 ia • • I • • June 7, 1982 Page 9 Nays: None. • • • The Mayor declared the motion carried. RESOLUTION NO. 25 SERIES OF 1982 * * * * * * A RESOLUTION APPOINTING DAVID J. MENZIES ASSISTANT CITY ATTORNEY. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 25, SERIES OF 1982. Council Member Fitzpatrick seconded the motion. COUNCIL MEMBER HIGDAY MOVED TO AMEND THE MOTION CHANGING THE MONTHLY SALARY TO $1,670/MONTH. Council Member Bradshaw sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Weist, Bradshaw, Otis. Council Members Neal, Fitzpatrick, Bilo. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original motion resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, We ist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * COU NCIL MEMBER FITZPATRICK MOVED TO APPROVE A PROCLAMATION DECLARING THE TWENTY -ONE DAYS, FLAG DAY THROUGH INDEPENDENCE DAY, AS A PERIOD TO HONOR AMERICA IN THE CITY OF ENGLEWOOD. Council Mem- ber N al seconded th motion. Upon a call of th roll, the vote resulted as follows: Ayes: Nays: Co uncil M mbers Higday, Neal, Fitzpatrick, Weis , Bilo, Bradsh w, Otis. None. Th Mayor decl red th• motion carried. * • * • • I • • June 7, 1982 Page 10 • • - COUNCIL MEMBER HIGDAY MOVED TO APPROVE THE PROCLAMATION DECLARING JUNE 21 THROUGH JUNE 26, 1982, AS "COLORADO COUNTRY MUSIC WEEK". Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bradshaw, Otis. Council Member Bilo. The Mayor declared the motion carried • • • • • • • City Attorney DeWitt discussed the fee schedule created by the Water Quality Control Commission for the permitting of sewage treatment facilities. Mr. DeWitt stated the regulation s could ad- versely affect the City by causing it to pay high fees unnecessari- ly. Mr. DeWitt stated a number of wastewater treatment plants are pur s ing l itigation against the Commission to set aside the regu- la t io ns. Mr. DeW i tt recommended lending the City's name to the l awsu i t and monitoring the litigation in this matter. Mr. DeWitt stated the tota l expense for the Ci ty would be approximately $250. COUNCIL MEMBER FITZPATRICK MOVED THAT THE CITY OF ENGLE- WOOD LEND ITS NAME TO TH E LAWSUIT. Council Member Bilo seconded the mo tion. Up o n a call of the roll, the vote resulted as follo ws : Ayes : Nays: Council Member s Higday, Neal, F i tzpa t ri c k, Weist , Bilo , Br a d sh aw, Otis . None. The Mayor d clar d the motion carried . • * * * * * City Manag r Mcco wn p r es nted a Council Co mm unication concerning Li tl Dry Cr k and r lat d a r eas in selecting an al- ernativ for design schem for imp r ove me n ts . Mr . Mcco wn stat d he has for ward d responses from various boards a n d co mm issio n s in- volved ln this proj c and th r ecommendat i on f r o m t h comm i t tee for th adop lon of Al ern tiv 1 3 for Li tle Dry Cr k . City Manger Mcco wn sked for direc ion from Coun cil . Council Memb r Ne 1 requ • ed mored tail cos br akou on h program. I • • June 7, 1982 Page 11 ' • • - COUNCIL MEMBER NEAL MOVED THAT THE CITY PROCEED ON THE BASIS TO DESIGN AND BUILD OPTION f3. Council Member Higday sec- onded the motion. COUNCIL MEMBER FITZPATRICK MOVED TO AMEND THE MOTION TO HOLD A PUBLIC HEARING ON JUNE 28, 1982, AT 7:30 P.M. OR AS SOON THEP.EAFTER THAT COUNCIL CAN REACH THE MATTER ON THIS ISSUE ONLY AND THAT COMMUNITY DEVELOPMENT NOTIFY PRIVATE PROPERTY OWNERS IN IN THIS AREA, THE EDDA, THE EBA, AND ANYONE ELSE CONCERNED. Coun- cil Member Bradshaw seconded the motion. Discussion ensued on whether there was a need to hold a hearing at this po int and time. Council Member Higday stated he did not see the need to hold a hearing when the boards and commissions including Council have heard the issue and good input has been received. Council M mber Fitzpatrick stated Council has not heard from some of he priva e citizens in the area. Council boards w o vo d vo don a a or sul d • Ay c a l l o were only a f w Th eo her board h roll, the vote on the a nd en r - Co ncil Members Fitzpatr ick , Bllo, radsha , 0 ay Co •ncil Members Higday, Nea l, We is . Th Mayor d clar d he motion car ri d. Upon a call of th roll, th voe on the original o ion resulted as follows: 1'.ye s: Council embers Higday, Neal, Fi zpa rick, Wist, Bradshaw, O is . Nays: Council Member Bilo. The Mayor declared h motion car r ied. Discussion n ued. Qu stions wer r is d mentioned motion pr de ermining Council's choice of prior to th hearing. s to he afor - 1 erna iv s City 1'. consid r af er orney D Wi dvis d Council h y could al waya r - he haring and rescind the motion • • I • • • June 7, 1982 Page 12 • • • COUNCIL MEMBER BRADSHAW MOVED TO RECONSIDER THE ORIGINAL MOTION. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Fitzpatrick, Bile. Council Members Higday, Neal, Weist, Bradshaw, Otis. The Mayor declared the mot io n defeated. Council Member Bile stated he wanted to clarify his posi- tion. Even though he voted no on the original motion, he wanted the public to know he agreed with Option 13, he just wanted to wait to hear from the public. * * * * * * City Manager Mccown presented a Council Communication con- cerning an award of construction for concrete and storm sewer work at the Senior Center Parking Lot 1 2 at 126-130 East Girard Avenue. Mr. McCown noted the low bid was below the engineer's estimate. Mr. Mccown stated a r eference check was run on the low bidder with good results. COU NCIL MEMBER BRADSHAW MOVED TO AWARD THE CO NSTRUCTION CONTRACT FOR CO NCRETE AND STO RM SE WER WORK AT SENIOR CENTER PARKIN G LOT 12 (126 -130 E. GIRARD AVENUE) TO HANSON PANKEY CONSTRUCTION COMPANY IN THE AMOUNT OF $16,170.05. Coun cil -Member Fitzpatr ick seconded the motion. Upon a call of the roll, the vote res ulted as follows: Ayes: Council Mem bers Higday , Nea l , F itzpat r ick , Wei st , Bile, Bradshaw , Otis. Nays: None. Th Mayor declared the motion carried. * * * * * * City Manager Mccown presented a Council Co mm unication con- cerning a r co mmendation to enter into a contract with Sterling Codifiers for th recodication of the Englewood Municipal Code. Mr. Mcco wn sated $10 ,000 had b en budg t din the 1982 budget for this proj c nd not d Sterling was well below that amount. COUNCIL MEMBER BRADSHAW MOVED TO ENTER INTO A CONTRACT WITH STERLING CODIFIERS , INC. FOR THE RECODIFICATION OF THF. ENGLE - WOOD MUNICIPAL CODE IN TH AMOUNT OF $7,850. Council M mber Bilo s cond d h mo ion. Upon a call of the roll, he voter sulted aa follows: • I • June 7, 1982 Page 13 Ayes: Nays: • • • Council Members Higday, Neal, Fitzpatrick, Weist, Bile, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a resolution amending the General Fund -Library Consulting Services. RESOLUTION NO. 26 SERIES OF 1982 A RESOLUTION AMENDING THE GENERAL FUND. COUNCIL MEMBER FITZPATRICK MOVED TO PASS RESOLUTION NO. 26 SERIES OF 1982. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Weist, Bile, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried . * * * * * * Council Member Bradshaw requested the resolution support- ing Coloradoans for recycling be prepared for the next meeting. * * * * * * Council Member Neal stated he would be absent from the n xt regular Council meeting on June 21, 1982. * * • * • * Discussion ensued. Council d termined anyone or any group gainst recycling should notify h City Manag r's office and b pl ced und r pre-sch dul d vis! ors a th n x me ting. * • * * • • Ther wa no further business di cussed . • • • * * • COU NCIL MEMBER HIGDAY MOV D TO ADJOURN. I • • • June 7, 1982 Page 14 • • • Mayor Otis adjourned the meeting without a vote at 8:35 p.m. • D I • • • • • - MINUTES OF ENGLEWOOD HOUSING AUTHORITY REGULAR MEETING April 28. 1982 5 A 1 Th e regular meeting of the Englewood Housing Authority was called to order by Chairman Thomas J. Burns at 5:25 P.M. at the Simon Center, 3333 South Lincoln, Englewood, Colorado. Ro ll Call Memb e rs Present: Membe rs Absent: Others Pre s ent: Thomas J. Burns, Chairman Betty Baier, Vice Chairaan Beverly Bradshaw -arrived 6 :0 5 P .M. Reverend Stan Fixter -arrived 5 :45 P.M. Cindy Peterson None Frances Buck Jonas. Executive Direc tor Linda A. Knopinski, Housing Administrator Carl Fischer, Inspecting Architect Jack Buschmann, Nelson & Company, Inc. Marty Wais, Superintendent, Nelson Company , Building Contractors Recording Secretary There was a tour of Orchard Place prior to the meeting at 4:30 P.M. Reading and Approval of Minutes The minutes of the special meeting of March 3, 1982 regarding the former Resident Manager's hearing were considered for approval. !!U'.!Q! CI NDY PET ERSON H)VED AND BETTY BEIER SECONDED THE !«>TION TO APPROVE THE MINUTE S OF THE SP EC IAL MEETIN G OF MARCH 3 , 1982 AS WR I TTEN . THE M>TION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, BEIER, PETERSON NONE BRADSHAW, FlXTER The minu t es of the regular aa ting of March 24, 19 8 2 were conaidered for approval. The following change waa 111&da: Paga l Chan& laon-Roth Cons truction Comp any to Nelaon Company, Buildin& Contractors • 0 I • • • • - ~ CINDY PETERSON M:>VED AND BETTY BEIER SECONDED THE M:>TION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF MARCH 24, 1982 AS AMENDED. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS : ABSENT : BURNS, BEIER, PETERSON NONE BRADSHAW, FIXTER Public Housing Project -Construction Report Mr. Fischer stated that there was a walk through a week ago at Orchard Place and Part II of the Certificate of Completion is ready to be signed off on. Mrs . J onas stated that the money for the punchlist items was withheld for the landscaping and a few other items. She stated that since these items have been taken care of and have been accepted, the Certificate of Completion Part II is r eady to be filled out and these items will them be paid off. The only r e tainage will be the $3,000 for taxes. M:>TION CINDY PETERSON MOVED AND BETTY BEIER SECONDED THE M:>TION TO AUTHORIZE CHAIRMAN THOMAS J . BURNS TO SIGN THE CERTIFICAT E OF COMPLETION PART II. THE !«>TION CARR IED AS FOLLOWS: AYES: NAY S : ABSE NT: BURNS, BEIER, PETERSON NONE BRADSHAW, FIXTER Discussion en su e d regarding the con s t r uc tion reports . Du p lex Unit• -Construc tion Repor t Mr. Fischer stated that on the Vassar s ite the workers ve re putting in the steel for the grade beams this morning a nd c oncrete was poured in the afternoon. On the Warren site th grade beama and concr e t e work waa do ne for the foundations; frall.ing baa been started to the extent that the floor systea ia in and plywood waa bing installed this 110rning. On the Inca site, the foraa were stripped off of th footings ao foraing to the foundation walls could be started. On the Lincoln site, excavation work has been done in order to put in the footings. On the Fox site, th ERA is waiting for• resolution on th n ighbor with the solar problem. In r aponae to Mr. Burns' question, Hr. Fischer atatad that the neighbor next to the Fox site is planning on inatalling a solar room on hia houae and the new conatruction will put that aide of his home in the shad • Thia person is claiaing a aolar eaaement tor ctify thia situation. Diacuaaion ensued regarding this utt r. R v rend Filtter arrived at the meeting. Mr. Buachaann discus that completion on th d the construction schedule for th duplexes. duplexes should be around October 1, 1982. Kr . W ia and Kr. u chaann left the meetina at 5:50 P.H. -2- • B stat d I • • • • • - Mr, Fischer stated that in regards to Mrs. Jonas' question concerning the fire hose cabinets, on July 27, 1981, Mr. Bieberly wrote Rod Dornbusch of Brady Corporation a letter regarding what was offered as far as the fire hose cabinet shop drawings were concerned. The contents of the letter were that Item #23, Page 5, Addenda #1 for project #CO 48-2 was modified through s letter dated March 13, 1981 between Brady Corporation and Nelson-Roth, Incorporated. The mechanical consultants did not have access to this letter deleting all fire extinguishers except in the Manager's office and the mechanical room. Therefore, the use of the 1200 Series fire hose cabinet #1200 as originally submitted was approved for use on the second through the seventh floors. Mr, Fischer stated that this automatically eliminated the extinguishers. Mrs, Jonas stated that the EBA thought there were going to be fire extinguishers in all of the hose cabinets on each floor (there are two hose cabinets on each floor). It turned out that there were not going to be fire extinguishers in each cabinet. Mrs. Jonas stated that the Fire Department would only require a fire extinguisher in the mechanical room and one in the Manager's office. Discussion ensued. Mrs, Jonas stated that there are several items that should have been included in Orchard Place that were not included. Since these items were not in the contract , Nelson-Roth is not responsible. Jack Windsor told Mrs. Jonas to do a revised development budget and include the items that were left out and say that Mr. Windsor recoaaended them. Mrs. Jonas discussed a few of the items which were left out. She stated that there ia nothing between the front door panel and the office to allow the office to open the door or to allow people to come in to contact the office. Mrs, Jonas stated that there is no intercom in the office; the TV lounge has no thermostat; and there are no smoke detectors in the trash room area in case of a fire. Discussion ensued. Resolution #15, Series of 1982 -Authorization to Sign Financial and Budgetary Reports Mrs. Jonas stated that this resolution ia a requirement of th public housing program. She stated that although this authorization to sign financial and budgetary reports is a requirement for public houaing programa only, it should also be required for all other housing program. Discussion ensued. Mr, Fischer left the meeting at 6:00 P.M. ~ BE1TY BIER K>VED AND CINDY PETERSON SECONDED THE MOTION TO APPROVE llESOLUTIO 115, SERIES OF 1982 THAT THE EXECUTIVE DillECTOll Oll CHAIRMAN All AUTOORIZED TO EXECUTE FINANCIAL AND BUDGETARY REPORTS FOR THE ENGLEWOD ROUSING AUTHORITY. THE M'.>TION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, BEIER, FIXTER, PETERSON NONE BRADSHAW R solution 116 1 Series of 1982 -Investment Policy Mrs. Knopinski atated that RUD aa~ d th EllA to put tog th r a policy regardin inveet nt of fund, for the public hou1ina proaraa. Sh stat d that th City Ch rter and HUD'• requir ment1 were incorporated into thia policy. Dia u111on IU d, -3 - • I • • • • • ~ REVEREND FIXTER M>VED AND CINDY PETERSON SECONDED THE MOTION TO ACCEPT RESOLUTION #16, SERIES OF 1982, INVESTMENT POLICY, FOR THE PUBLIC HOUSING PROGRAM. THE MOTION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, BEIER, FIXTER, PETERSON NONE BRADSHAW Operating Budget Mrs. Jonas stated that this operating budget ia ·in the process of being finalized. She stated that the average monthly tenant rent at Orchard Place is $141.54. Beverly Bradahaw arrived at the meeting at 6:05 P.M. Mrs. Jonas stated that the EHA would like to have a farewell dinner for Reverend Fixter and his wife as they will be moving to Durango in June. It was decided to have the dinner on Thursday, June 3, 1982. Insurance Mrs. Jonas stated that the insurance for Orchard Place was bid out and Commercial Union, through GKS Agency, located in Lakewood, Colorado, was awarded the package. Mrs. Jonas stated that Commercial Union offers more coverage than was specified in the package and the price was considerably lower than the coverage on Simon Center. Mrs. Jonas stated that Co11111ercial Union will alao provide insurance for Simon Center. Dedication and Open House for Orchard Place Mr s. Knopinski stated that Dorothy Roaana, Betty Beier and she have been planning the open house for Orchard Place. They are in the process of compoaing lists of people to invite and working on the details of the program for the open house. Discussion ensued. Orchard Place Status Report The atatua report on Orchard Place waa briefly diacuas d. Sine Board thre of the Board members will not be able to attend the May 26, 1982 atin, th meeting waa postpon d until W dn aday, June 2, 1982. Diacussion enau d r garding having a picnic for the EHA staff and Board .. lllbera and their familie It w • decided to tantativ ly schedule the picnic for Saturday, Jun 19, 1982 at 4:00 P.M. The location will b announced at a later date. Th re waa a abort break for dinner. R hab Report Mr1. Jonas diacua d tba atatua report for th rehab proaraa. Sh discus d th letter fro• HUD re ardin& th 1979 luap 1ua aare t. Sh stated that HUD aaid the EBA wa1 approv d to k ap the re rv account at Contin ntal ational Bank (which 11 pres ntly First lnteratate lank of !nal od) until Jun JO, 1 2. Kra. Jonaa atat d that ah contacted HUD on tbia Mtter as th aar t atat d that th .:>n y h d to atay in the bank until all th lo na re paid of • I • • J ( • • • which would be approx imately 20 y ears . to be r eturned to HUD by June 30, 1982. a c c o unt is obligated. HUD stated that unused f unds would have HUD is considering that the reserve Deferred Loans Mrs. Jonas stated that when the EHA told how they were going to use the City funds, they neglected to include deferred loans. She stated that the EHA has since come up with some cases where deferred loans were necessary when people couldn't afford to make any payments in order to accomplish the amount of work required. Mrs. Knopinski stated that the people eligible for deferred loans are classified under the very low income guidelines. She stated that the only work items this money would be eligible for are health and safety items. Mrs. Knopinski stated that the maximum amount for a deferred loan would be $5,000 . Mrs. Knopinski stated that this deferred loan amount would be f rom the City rehab money. She stated that originally when the policies were written for the City money, she didn't anticipate a need for deferred loans . Mrs. Knopinski stated that this deferred loan would be filed on the property and inc ludes no interest to be paid back if it is conveyed or sold. This would s ave the person from making a monthly payment that they would not be able to affor d. Disc ussion ensued. M:>TION BEVERLY BRADSHAW M:>VED AND REVEREND FIXTER SECONDED THE M'.>TION TO INCORPORATE THE DEFERRED LOANS INTO THE PRESENT POLI CIES FOR THE CITY REHAB !'«)NEY WHICH THE BOAI!D PASSED PREVIOUSLY IN J ANUARY OF 198 2 . THE l'«)TION CARRIED AS FOLLOWS: AYES: NAYS : ABSENT: BURNS, BEIER, BRADSHAW, FIXT ER, PETERSON NONE NONE CD BG Small Cities Program Repo rt Mrs. Jonas stated that all the States were given th e o ption for t he f isc a l ye ar of 1982 (which started October 1 , 1981) t o take over the adminis t ration of t he Small Cities CDBG Program, and th Stats t hat didn 't take ov r the a dmi n istrati on of th Co ity Development Block Grant (CDBG) program would st i ll be ad minister d by HUD. Mrs. Jonas stated th t the State of Colorado chos not to t ake ov r the edmini tretion for th year of 1982 because th re ren't any regulati ons writt n up and they w nted toe what the regulations would be b fore tak ing it over. Mrs. Jonea stet d that it will probably be t wo to thr e months before HUD eclminiatered re ulations come out. She stated th t the program ha s be en changed quit a bit. Mrs. Jonas stat d th t th Stat of Colorado is atill c on s i dering taking ov r for fisc 1 year 1983 which will start October 1 , 1982. A Stat Advisory Coaaitte will b st up to handle this new syst m. Discu ssion ensued. tat d unds ar drying up and there is still an d rk, T chnical Services Supervisor, are ga t h ring buy and r h bilitate hous sand eith r s 11th m or k ep them nd rent t h out usin th EHA 's vouch rs. Mrs. J naa stat ed that th sta f has found call d 203 which is an insurance prograa and has not Mrs. Jonas stated that hop fully in th n ar fut u re -s- I • • • • the ERA will have some concrete proposals on this matter. Discussion ensued. Application for Approval as Mortgagee Mrs. Knopinski discussed the Application for Approval as Mortgageee for the Rehab Program. Mrs. Knopinski stated that on January 27, 1982 the staff brought a Resolution of Indemnification for a rehab client to the Board for their approval. Mrs , Knopinski stated that this Resolution of Indemnifica tion has been done in the past by the ERA with no problem, but for some reason on this particular client the Clerk & Recorder, Jo Fleming, sent this resolution back stating that the ERA was not qualified to do a Resolution of Indemnification except as an authorized agency of the Federal Housing Administration (FHA) or as one of the client's approved mortgage lenders. Ms. Fleming asked the EHA to rewrite their actual authority in this resolution. Mrs. Knopinski stated that she contacted the EHA attorney's office to find out what the EHA was supposed to do. Kathy Allin of Mr, Wickersham's office researched this matter and found that the EHA had to do an Application f or Approval as Mortgagee. Apparently, as far as Jo Fleming is concerned, the ERA has not been legally making mortgages. Mrs. Knopinski stated that this should not affect any loans the EHA has approved thus far; this Resolution of Indemnification will not get processed by Jo Fleming unless this application is approved by the ERA Board. MOTION CINDY PETERSON M>VED AND BETTY BEIER SECONDED THE MOTION TO APPROVE THE APPLICATION FOR APPROVAL AS K>RTGAGEE WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. THE K>TION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, BEIER, BRADSHAW, FIXTER , PETERSON NONE NONE Section 8 Existing Report Mra. Jonas briefly discussed the annual financial statements and the status report for the Section 8 Existing Program. Mra. Jonas stated th t there are certain furniture items that the EHA did not get for Orchard Place because of lack of funds, such aa end tables, gam tables, a TV stand and a magazine rack. She stated that there is approximately $2,000 to $2,500 worth of furniture yet to purchase for Orchard Place. Mr1. Jona, a1ked Wendy Silverman, Interior D signer for Maxwell L. Saul & Associates, to bid these items out, Mra. Jonas stated that she would like peraiiesion to spend b tween $2,000 and $2,500 of the $19,000 that is in the Section 8 Existing budget to pay for the remaining furnitur at Orchard Place if HUD will not authorize it in a revised development budget, Discussion enaued. MOTION REVEREND FIXTER K>VED AND BEVERLY BRADSHAW SECONDED THE K>TION TO APPROVE THE EXPENDITIJR! 0 SECTION 8 EXISTING FUNDS TO PAY FOR THE EXTRA FURNITUllE NEEDED FOR ORCHARD PLACE WHICH WAS NOT PROVIDED FOR IN THE DEVELOPMENT BIJDCET, THE K>TION CARRIED AS FOLLOWS: AYES: NAYS: ABSENT: BURNS, BEIER, BRADSHAW, FIXTER, PETEllSO NO NON -6- 0 I • • -• • • Simon Center Status Report The status report for Simon Center was briefly discussed. Mrs. Knopinski asked the Board for clarification of the March 3, 1982 special meeting minutes pertaining to the checklist of management issues to be periodically filled out by the on-site lllllll8gers and submitted to the superior. Ms. Bradshaw stated that there should be something that would facilitate coDDDUnication between managers of the elderly units and the management of the EHA. Mrs. Peterson stated that there should be a queationnaire asking the managers' feelings about certain management iaaues. Thia checklist or questionnaire would consist of guidelines to the managers of what the ERA management wants to hear each month at the monthly staff meetings. Ma. Bradshaw stated that these guidelines and information should be very specific in order to create a backlog of documentation should any problems arise in the future, instead of relying on hearsay. Mrs. Jonas atated that the staff could do an outline of what they want in a report from management and maintenance every month concerning various issues. Thia reporting procedure would be the responsibility of the day managers and the Maintenance Supervisor. Director's Choice NAHRO Annual COlllllli.ssioners' Conference Mrs. Jonas stated that the NAIIRO Annual Co11m1issioners' Conference will be held in August, 1982 in Memphis, Tennessee. She asked that the Board members think about whether or not they would like to attend. Diacussion ensued regarding NAHRO'a position on flat rents. Hrs. Jonas statad that a flat rent is a straight set rent baaed on the bedroom size of the unit based on what it costs the EHA to pay for the utilities and maintain that unit. Colllllliasioners' Liability Insurance Mrs. Jonas briefly discussed the Collllllissioner'a Liability Inaurance matter. There being nothing further to discuss, the meeting adjourned at 8:55 P.H. -7- • I • • - • • • • The Englewood Housing Authority Minutes of the Regular Meeting on April 28, 1982 were officially approved by the Commissioners on June 2, 1982. ~WVk omaaJ.Blirns;rman Englewood Housing Authority Jonas Executive Director Englewood Housing Authority • I • • • • • - WATER AND SEWER BOARD May 11, 1982 Regular Meeting The meeting was called to order at 5:02 p.m. Stewart Fonda declared a quorum present. Members present : Members ab sent: Cook Best, Haviland, Fitzpatrick, Fullerton, Higday, Otis Giseburt, Lay B Also present : Stewart Fonda, Director of Utilities Catherine Hall, 1060 W. Radcliff I. CITY DITCH/NASSAU WAY Mr. and Mrs. Massengale, 4054 S. Galapago Sue Bast, 4074 S. Galapago Diana Casson, 4065 S. Galapago Mr. and Mrs. Massengale discussed the accessibility and possible dangers involved with children and the City D tch . Stewart Fonda illustrated the topography of the section of ditch on Nassau Way and problems in volved moving the bank or terracing. The Oo,,rd discussed the options available for the homeown ers to pipe the ditch i,y fanning an improvement district and issuing bond s or the property own , rs may acquire the 1 and by qui et title suit and pipe the ditch, giving th City of Englewood an easen nt. The Board agreed to tour the sec{ion ,,f ditch in question, and continue the discussion at a future meeting. 11. CONDOMINll'l.lM CONVERSIONS The Board discuss d a memorandum (s att. 1) to Susan Powers, Director of C 1unity D velopment concerning condominimurn conversions policy . Hr . Fonda discus d his concerns list~d in the memorandum. III. VALLEY SANITATION INCREASE LETTER The history and problems of some forty-five Engle wood homes which conn t to the s ew er lin s of the Vally Sanitation District wer e discus d. Both positions in the propos d agre nt were debated. An audited stat nt showing th fin nc1al requirements for V lley Sanitation District w s requested by Councilman Higd y. Results of the requested support data from Valley Sanitation will be discuss din a futur board ting. -1- • I • • • • • IV. PIPE DEPRES SION PROJECT FOR ADDITIONAL COSTS TO CONSTRUCT A 54 " PIPE City of Littleton 's railroad depression project, now in its final des ign stages was discus sed. Littleton is planning to pipe the City Ditch for this project with a 36" pipe, and the City of Englewood ha s requested a 54" pipe. It wa s proposed the City of Englewood provide the addit ional funds to increas e the pipe to a 54" RCP. It was agreed by the Wat er and Sewer Board that this proposal would be acceptable and to continue wo rking with Littleton toward a final agreement. Mr. Fullerton moved; Mr. Fitzpatrick sec onded : Ayes : Nays : Absent: Motion carried. V. EPA MEETING To proceed with negotia tions with the City of Littleton on the Pipe De press ion Project for the Ci ty Ditch . Cook, Best, Haviland, Fitzpatrick, Fullerto n, Higday, Otis None Giseburt, Lay Stewart Fonda briefed the board on the meeting with Vi ctor Kimm from EP A an d the policies for estab lishin g variou s standards and re gulations. VI. AGREEMEN T WITH DENVER BOARD OF WAT ER CO MMI SSIO NER S AND THE CITY OF ENGLEWOOD The City of Denver has submitte d a first draft of the Emergency Inter- connection Agreement. Stewart Fonda defined the proposed emergency interconnector agre ment to be used when either municipality encounters an emerg ncy situation and needs to go on line for wa ter. Engl wood and Denver will share the costs equally for four (4) thre (3) inc 111et rs for th purpose of m asur1ng flow used during the emerg ncy. The rate used will be the master m ter wholesale rate of the Denver Wat r Department . VII. CO MPLA INT LETTER· 4841 SOUTH JASON A letter wa s r celved rom Mr . and Mr . Floyd Kontour discussing their low w ter pressur . St w rt Fonda outlined steps being taken to 111 viat~ the probl 1n this r a. It was suggested Mr . and Mr s. Kontour b infonned of th boring pro ram or th ir lines. -2- • I • • - • • • • • The meeting adjourned at 6:30 p.m. The next Water and Sewer Board Meeting will be held June 8, 1982, at 5:00 p.m. in Conference Room A. Respectfully submitted, Cathy Burrage Recording Secretary -3· • I • • TO: FROM : DATE: RE : • • • MEMORANDUM Susan Powers, Director of Conwnunity Development Stewart Fonda, Director of Utilities March 24, 1982 Condomi ni111u111 Conversions The Water and Sewer Board has considered requests for condomini 111iza t1 on of existing buildings or subdivision of existing lots on an ind i v1du al basis up to this time. In some instances this has occured without the Boards review and the Utilities Department has had to deal with these situations after the fact. Passage of an Ordinance requiring review by this department of all such subdivisions of land or condominimization of buildings should allow adequate control by the Utilities Department. Existing code requ i rements and policies of the Water and Sewer Board can then be applied in t hes e instances. To illustrate some problem areas, the following polic i es of the Board are briefly surrvnarized. If an existing building is divided into two units, separate water taps are required, if feasible. This typica l ly would apply to ground-level townhouses or condo111ini111u111s . Th i s t hc 11 all ow s :.c purutc li i ll111y for Lhc i nd i vidu a l un i ts for both water and se wer. lf th e un i ts are not ground-leve l , the bi lling i s then usually through a condom i nimum assoc i ation. Requests to spl i t existing lots to allow construction of add i t i ona l build ing s are handled i n the follow i ng manner ; the l ots must be di vided in s uch a fas hio n that no pr i vate serv ice li ne s will cross the proper t y of another own e r befor e r each i ng a publ ic wat e r or sewer ain. If a pri vate apa r t ment has a sub s tandard pri vate water or sewer system serving nume r ous units and wishes to convert to cond ominimums, the department generally req uires an upgrading of the pr1vate system to City standards . In many instances this may economically prevent the conversion of th bu1ld 109. This result may be in the City's best interest since the City must only deal with the one owner of the apartment complex as opposed to many ow n rs of t h individual condominimum units. These are general policies which all ow flexibility and judgeme,1t for th numerous unanticipated variations tha t may be requested. T bel,~ve that for the present, this manner of handli ng requ ests is bot h reason?~l and proper. lf ~t!oos, Stewart H. Fonda Direc;or of Utilities please gi ve m a c 11 at exte nsion 514. ATT . l • _. I • n • • • BOARD OF ADJUSTMENT AND APPEALS CITY OF ENGLEWOOD, COLORADO May 12, 1982 MINUTES 5 r. The regular meeting of the Board of Adjustment and Appeals was c all e d t o orde r at 7:30 p.m. by Chairman Roger Gage. MFMBERS PRESENT: MFMBERS ABSENT: ALSO PRESENT: Kreiling, Seymour, Gage, Brown, Leonard, Hallagin, Dawson. Dorothy A. Romans, Assistant Direc tor, Plannin g L. D. Yenglin, Planner I Jane Coleman, Recordin g Se c retary * * * * * BOARD MFMBER SEYMOUR MOVED TO APPROV E THE MINU TE S OF THE APRIL 14, 1982 REGULAR MEETIN G OF THE BOARD OF AD J USTMENT AND APPEALS. Board Member Leonard seconded the motion . Upon call of the roll, all members pres ent vo ted i n the a f firmative . Th minute s stand APPROVED a s written. * * * * * CASE NO, 6-82 KENNETH R. ORD ELHEIDE 339 3 S , Corona En gl ewood, Colo. REQUEST: The pplicant is r qu t i ng a varian from th t ot al s i d y rd st- back oft n (10) f t to four (4) feet nd t he sid yard setback on the outh aid of th hou e f r om six (6) f t to zero (0) feet (property lin) for the purpoa of c onatructin an nclo d patio. Thia is a varianc fro th Com- pr h nsiv Zonin Ordinance, 122.4-41(2)(a) -Minimum Side Yard. Chairman Ga stated that he had v rifica tion of posting and le al adv rtiain of this caa haa b n giv n. Applicant Ordelh ide was brought forward and sworn in, Mr. Ordelheid stated that h wish d to build on the south aid both for priv cy from th Coopera t iv Housing Complex to b constru t don th di h M dical C n t r prop rty and to control heat; that it would b n c saary to o to th prop rty lin for nough room. H atat d that th outaid would b wood with aluminum windows and the roof would match th xi1tin house . He 1tat d that thre w I a acr nth re now , u1 d a1 a windbr ak and th n addi- tion would xt nd out only thr f t mor to the f nee on th property lin. H ! lt th t ven thou h with th ddition of th traffic for the Sw di1h Hou1- in Compl x tha th r would not b a traffic haz1rd, Dorothy Roaian1 v rifi d tha the Tra fie Kan er h d ch ck d thi1 twic ound th r w I no obatru ion cau1 d by th re n, and • I • • n • • - BOARD OF ADJUSTMENT AND APP EAL S May 12, 1982 Page 2. Chairman Gage asked that the sta ff r eport be made a part o f the hearing. There was no one present who spoke in opposition to the proposed addition; and three letters were presented in compliance. Discussion of the case by the Bo a r d ensued. BOARD MEMBER SEYMOUR MOVED THAT I N CAS E NO . 6-82, KENNETH R. ORDELHEIDE, 3393 SOUTH CORONA STREET, ENGLEWOOD, COLORADO, BE GRANTED A VARIANCE FROM THE TOTAL SIDE YARD SETBACK OF TEN (10) FEET TO FOUR (4) FEET AND THE SIDE YARD SETBACK ON THE SOUTH SIDE OF THE HOUSE FROM SIX (6) FEET TO ZERO (0) FEET (PROPERTY LINE) FOR THE PUR- POSE OF CONSTRUCTING AN ENCLOSED PATIO. THIS IS A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE, §22.4-4i(2)(a) - MINIMUM SIDE YARD. Board Member Hallagin seconded the motion. All member s present voted in the affirmative. The variance was GRANTED. The Board Member s gave their findings as follows: Mr. Kreiling stated that he felt the applicant had answered all six of the que s tion s rel ative to the reasons for granting the variance, and could f ind no reas on t o oppose any o f those answers. Mr. Ha lla gin stated that he voted yes since no one was present to oppose the v a rianc e; t hat he f elt it would improve the property c onsiderably; that it would no t be a traffic problem; and that later on it would be a hardship to conti nue , what with the building of the Swedish Hospital Complex. Mr . Seymou r s tated that he f e.lt it wa s a hardship due t o the proximity of t he s tre t traffic . He f e l t that th e six condition s had b een met for the v a r iance ; ther would be no tra ffic ob s truc tion . H also s t a t ed that ch r w s no on p r esen t in opposi tion a nd t h a pp l i cant had t he n ighbor ' concu r rence. Mr. Brown stated h flt that the proposed patio 's app aranc would add to the prop rt y's pp ran and thusly would be beneficial to th whole neighborhood. H felt that th charact r of then ighborhood would not be altered by this patio. Ill h h flt this to b a hardship caa and that th room, nd also with Sw dish Hospital build i n a r tir - cross th street h would ne d th privacy. H fu r th r tat d th t approvals of the n ighbors, and no opposition to the requ st; that quir m nts for the var i nee nd answer the six reasons for th Hr. onard felt that it wou l d dd to th ap pear anc o f t h property City Traf 1 En i n rs id it would not ob struc t t raffic. Cha irm.an 1t t d tha t he felt the s i x r qu irem nt a to gr a nt a vari nc had b nm t; th th r definit ly would be a ha r dship wh n t h ey b u i ld across th 1 tr t ro• him; and t h Tr affic Engine r could f i nd no t hing at fault with wh r thit would b con1truct d. * * * * * I • • n • • • BOARD OF ADJUSTMENT AND APPEALS May 12, 1982 Page 3. CASE NO. 7-82 BRIAN L, AND WILLIAM LEONARD 25 W. Quincy Englewood, CO. REQUEST: The applicant is requesting the late registration of a Nonconforming Use --a business in a Residential Zone --arxl a change in the Nonconforming Use from a previously existing gun shop to a novelty apparel, gift and trophy shop. This is a variance from the Comprehensive Zoning Ordinance, §22.6-2b, Registration, §22.6-4 Change in Nonconforming Use, and §22.6-9 Abandonment, Nonconforming Uses. Chairman Gage verified that proper posting and legal advertising of this case has been given. Brian Leonard came forward and was sworn in. He stated that for many years this had been a gun shop belonging to his grandfather, and was maintained as such until the grandfather's death. The property has been owned by the same family, and until the time of his grandfather's death, he was still in school but now that he is out he is asking for a variance to start a novelty apparel and gift shop in the location. He further stated that the business would not have much in the way of foot traffic, but rather they would solicit business from outside the building. Cecil Boileau, 1980 Kenton, Aurora, Colorado, was sworn in for testimony. He stated that he owned and ran a barbershop near the above address and had known both of the boys all their life. He felt that they would be an asset to the business community. Mark Mikita, 4265 South Delaware, Englewood, Colorado, was sworn in for testimony. He stated that he felt the grandfather had realized a good busi- ness at that address and felt that the Leonard brothers would do well also. Lois Mussman, 4280 South Cherokee, Englewood, Colorado, was sworn in for testimony . She stated that she had known the boys their entire life and as a homeowner nearby to the proposed busines s , said she would welcome their business. No one poke in opposition to the request fo r nonconformin use. Chairman Gage recommended th staff report be made a part of th hearing. BOARD MEMBER KREILI G MADE A MOTION THAT THE REQUEST FOR LATE REGISTRATION OF A NONCONFORMING USE --A BUSINESS IN A RESIDENTIAL ZONE --AND A CHANGE IN THE NONCONFORMING USE FROM A PREVIOUSLY EXISTING GUN SHOP TO A NOVELTY APPAREL , GIFT AND TROPHY SHOP BE GRANT ED A VA'"!IANCE FROM THE COMPREHENSIVE ZONING ORDINANCE, 122.6-2b, REGISTRA- TION, §22.6-4 CHANGE IN NONCONFORMING USE, AND §22.6-9 ABANDONMENT -NONCONFORMING USES, Board Memb r Browns conded. Discus ion ensued. All m mbers pr sent voted in the affirmative and the motion waa GRANTED, Th Bo rd Members g ve th ir finding aa follows: Hr. Kr ilin stated that h felt the applicant'• justification concerning the aix rea1ons for granting th variance wa satisfactory and waa v rifi d • I • • •' BOARD OF ADJUSTMENT AND APPEALS May 12, 1982 Page 4. by the testimony this evening. • • - Mr. Hallagain voted yes since the building was too small for any other purpose. It has been used for the past twenty-seven years for the gun shop; and there was no opposition to the proposed variance. He felt that it would give the young man a chance to start business of his own and it would be a hardship if we didn't grant the variance. Mr. Seymour stated he felt the six conditions were met for a variance; that it would be a good use for the existing building; and there was no opposition; they had presented good character witnesses. Mr. Brown stated he felt the building had been built for a business use and it would be hard to change it into residential or garage and that the nei gh- borhood is used to this building, it being used as a business for twenty-seven years and they had letters saying they approved of the variance . Mr. Leonard stated that it appeared to be a well-kept property. He felt it generally met the requirements for variance and and answered the six questions; he has the approval of three neighbors; it was used for a commercial property for twenty-seven years and it will be more of a shop than a r e tail business, therefore there wouldn't be too many people in; they would go out and do their sellin g ; there was an adequate reason for the delay in registering this property. Chairman Gage stated he voted yes due to the fact that it was being kept within the family and he felt they met the six requirements to grant a variance. CASE NO. 8-82 REQUEST: Th applicant is setback of 25 feet t o 17 sp c structure (greenhous This is a variance from th Minimum Front Yard. V rifi * * * * * NADYA NIC K 3271 S. Galapago Englewood, CO. from th minimum front yard addin n ' x 12' solar house off f the kitch n. Zoning Ordinanc , §22.4-4h(2)(a) Lhis d was a tract home; with th 1th addition of th r nhous maintainin full sun until 3:00 ach day. Sh o on flt il would enhanc the neighborin prop rty. ould b us d a a living r a, would hav doubl r futur blinds would b add d. Th outsid n w ting hoaie. Sliding glass door would b add d to pok in oppoaition to th v ri nc • BOA.RD MEMBER B MAD A HOTIO TO GRANT TH REQUEST FOR A VARIANC FROM THE MINIMUM FRONT YARD SETBAC OF 25 FEET TO 17 FEET FOR TH PURPOSE OF ADDI CAN ' x 12' • I • • • • • • BOARD OF ADJUSTMENT AND APPEALS May 12, 1982 Page 5. SOLAR SPACE STRUCTURE (GREENHOUSE) TO THE FRONT OF THE HOUSE OFF OF THE KITCHEN. THIS IS A VARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE, §22.4-4i(2)(a) -MINIMUM SIDE YARD. Board Member Leonard seconded the motion. Discussion by Board Members ensued. All members present voted in the affirmative and the request was GRANTED. The Board Members gave their findings as follows: Hr. Kreiling stated that the applicant had given six reasons that he felt were satisfactory for his concurrence with the granting of the variance. Mr. Hallagin stated that there was no opposition and she answered the six questions. He felt that it would really improve the property and felt it was a good deal to get solar started, perhaps more people would follow suit. Mr. Seymour stated that since she had no opposition and she met the six conditions he voted yes. He also agreed with Mr. Hallagin, and thought that solar was a good idea. Mr. Brown stated that he felt it would add to the appearance of the property and that the essential character of the neighborhood would not be altered; that the area would still remain single family in nature. Further, he stated that the glass will conserve energy and in addition, seventeen neighbors were in favor of her doing this plan. Mr. Leonard declared he felt that she had a hardship c ase and needed more space; and that the solar greenhouse would be an efficient use of the space. He stated that the property would be more attractive and she generally met the requirements for a variance; sh answered the six items and had seventeen neighbor's approval; ther wa no oppo ition. Chairman Gage stated that h voted yes since he felt he met the six require- ments to grant a variance nd had seventeen letters of approval from her neighbors. • • • • • BOARD MEMBER BROWN MOVED TO APPROVE THE FINDINGS OF FACT IN CASE O. -82 , MICHAEL ROSS, CONTRACTOR, 900 EAST AMHERST AVENUE. Board M b r Hallagin s conded. Diacuaaion n1u d. Th Board mbera requeated th staff to add to the Findin a of Fact that both Amh rat Avenue and Em raon Str et w r dad-end atr ta and it ia not possible to xt nd th m; and there w re no plans in th future to ext nd or :lmprov thea atr eta. Therefor th Finding, of Fact with th of th roll and all 111b ra voted in th approv d nd nt, upon a call affirmativ , atand APPROVED. • I • • - • • BOARD OF ADJUSTMENT AND APPEALS May 12, 1982 Page 6. • • • * * * * * Dorothy A. Romans reported on Case 4-82; that it was being brought before District Court by O'Connor, Van Seiver and Bickhard. A transcript of the previous Board of Adjustment and Appeals hearing (April 14) verbatim, and copies are available for each member of the Board. A discussion by the Board Members followed regarding the position the City and the Board of Adjustment and Appeals took due to the decision on Case 4-82. Dorothy A. Romans reported that the dedication for the Senior Citizen's Housing, Orchard Place, would be at 2:00, Sunday, May 16th. There would be seven apartments that would be open for the tour. Mrs. Romans stated that it was felt that the six conditions for a variance would not apply to the proposed Sign Code and that Harold Stitt, Planner I, had written an alterate to cover the Sign Code only. However, she stated further, it would still have to be reviewed by the City Attorney. As soon as possible, a copy would be available to the Board of Adjustment and Appeals and the Planning Commission. She stated that the Sign Code had been considered by the City Council at a public hearing on May 10th. Mrs. Romans also reported that Gary Pittman, Chief Building Inspector for the City, was working on the final draft of the Fence Ordinance. There being no further business before the Board, Chairman Gage adjourned the May 12th, 1982 regular meeting of the Board of Adjustment and Appeals at 9:10 p.m. * * * * * Jane Colema n, Recording Secretary • I • • ., • • • - ENGLEWOOD DOWNTa.N DEVELOPMENT AUTIIORITY 3535 So. Sherman-Englewood, CO 80110 5 D ~ Wednes da y , Ma y 12, 1982 MINUTES Board Member s Present: Bush, Goleman, Gasson, Holthaus, Kaufman, ::., ~.:.!, :-1.:lx,..:ell, ~eal , Pendleton, ens, Robohm Board Members Absent: None Staff Present: M. Haviland , E. Haviland Guests & V1sitors: Mud Coffey , property owne r; Go rd on Close, EBA; Ed Co rdova, EBA; Dick Hensen, Englewood Dept. of Commu nity Development; Hazel & Victor N1lsen, local attorney; John Pearce, Englewood Ha rdware ; Fran Sc haeffer, EBA ; Justin Schultz, ERA/Empr ss Realty Board Chairman Holthau ca lled the regular meeting to o rd e r at 12:10 P .M. Following introdu ctions, the Minutes o f the April Board meting w re present ed fo r approv 1. Kr . Kaufman made a motion, which was second d by Kr. Roboln, that the Minutes of the April 14, 1982 meeting be approved as present d. The motion wa passed unanimously by voice vote. Th bills for Kr. Kr. C d liv nt ~re presented by Kr. Casaon. Kr. Haviland ex- r n wal agreement. Re noted that the monthly rent $455.00 to $469.17. The lease will run for two wall s, s mpoo and r pair th installation of mint- in th curr nt l as . pprov d. Th motion Pns and Kr. Robo hills b nted. Th IIIOt f n, C'Ond, d j u t b n Mr. Haviland H I o or r on au ltan ab lf h ar • I • • • • - Page Two Regular Board Meeting Hay 12, 1982 account. Mr. Haviland added tha t the Finance Committee will n eed to meet within the next couple of week s t o review the bud get modi fications. Mr. Kaufman suggested that the Co mmi ttee shou ld address the de si r ability of paying off the Sachter mortgage. He also no ted that the Hor s e Car needs to be removed from the Treasure r's repo rt. Mr s . Owens moved that the Treasurer's report be accepted, s ubject to r ev iew by the Finance Co111111ittee during the coming month. Mr. Ro bohm second ed the motio n , which was approved by voic e vote with no di ssent . Mr. Pendleton p r esen t ed th e r e port of the Board Member ship Committee. There was some di scu ssion of adding a name of someone from Joslin 's. The Committee exp r essed its willingness to t r y to ident I fy a repre- sentative of Jos l in 's. Mr. Neal pointed out that City Council woul d like to ha ve t he r ecommend ations as s oon a s possible in o rde r to schedule interviews. Mr. Mau sol f moved acceptance of the Co mmittee' report, with the und r standing that additional names can be added later. Mr s . Owens seconded the motion , which was passed unanimou s l y . The Committe e's report is at t ac hed t o and made a part of these Minut Mr . Havi land present d the Director's report. 1) He said he has been working with Mr. & Mr s. Mau s olf on i nt erior decoration for th office. 2) He reported that his tr ip t o Madison and Milw aukee proved t o be very interesting. In Milwaukee, the city has hired the Rouse Co. to do all of the 1 asing fo r their r etail p ro jec t and t o he responsibl e for the managem nt and maintenance of the public spaces and th city's parking lot. Th Rouse Co . has a staff of 20 as signed to the project. He also said h learn ed that Englewood has one advantage that many downtown s lack, i.e., th presence of a niajor shopping mall. Most downtown area trug g le with the loss of retail a ctivity to suburban mall s. Mr. Haviland said an cho r ar e critical t o downt o wn redevelop- ment efforts and that En lewood has a read y-mad anc hor in Jo lin's. Eq ual ly c ritical to the projec t re hotels and restaurant s , whi h bo th are v ry high ri sk venture s . r . Haviland also r po r ted on what h had 1 am d about the r latton hips betw en ci ti sand private deve lo p r s. He said that more and more t he r se ms t o be an exp ctation on the part of the city tha ft will r ec Ive defi nit e ben flt R fr m t he r ed ve l op- ment. Mr. Haviland xpr ssed conce rn that th e c it y Curren lv 1 . no lev ra in the little Or v Cr t k l nv<',tm nt t o th ful J Px tenr hat ft could. )) staff po 4) again until altern tf ve SC edul . 5) , ... ht•t·n ooc.f ll"•p,,n•H tn tht ac.f for th,· p. rt -t lmt in wll I h, c:-o"1pl<'t, h·, th,• ,. ti v the"''' k. Orv C'r k Pr ject managl·ml"nt roup ..-JI l not , t Soth ln • fur th r ,an h<• don unt ! I ,,n of t 1t ct~d nd until Br d~ provld th<' r11v with no t n nd n f •rr~d !lo r tn t h r ult 0 rt11 in th t r II Id t \,' t th • I • • n - • • Page Three Regular Board Meeting May 12, 1982 • • • interviews, as well as the one s with hom eowners, now in progress, wlll form the basis for the slide show to be presented t o a group of real tors on May 25. 7) Given that money is available in the budg et , Mr. Haviland pr o- posed that EDDA focu s its attent ion o n Broadway by developing plans for public improvements, design s tandards and signage, and a marketing approach. Chairman Holthaus emphas i zed the illlportance of doing a marketing pla n befc!"~ p••",~'" lffl'.''""""ment~ "re de s ign e d so that th e t,m are compatible. She also stressed t hat Broadway wi l l not automatically experience a revival as a result of the mall development . After some discussion of these issues, Mr. Casson suggested that the Finance Coaaittee look at the budget for 1 982 and perhaps 198 3 to determ i ne th e a1110unt of money available f or such studies . Mr. Haviland can then make a proposal to the Board at the nex t meeting. Chairman Holthaus r e ported o n th e meeting she , Go rdon Close and sev ral of the other merchants a tt end ed with Ci ty Manager McGo wn and Bud Brady and his associates. At that time Mr. Brady promised to work on a time schedul e for moving the project ahead and emphasized that the key t o progress is securing commitments for th e Key Savings , King Soopers, and First National Bank properties. The re followed further discussion of the alternatives for t he Lit tle Dr y Creek Project. Mr. Close said that the EBA would like the Board to give further cons id e ration to alter - natives 4 or S(a blend of 3 and 4). Alternativ three is very at trac- tive but, from the businessman's point of view, c reat es some difficul t ies for shoppers and provid es less flexibility during con s truc tio n than alternative four. He emphasized that a s traight mall can be attractive- ly designed. The Board discuss ed these comments with r es pec t t o th concensu s it had d evelop ed at the April 28 mee ting. Mr. Mau so l f th n aoved approval of the Minute s of the special Board meeting of April 28 , 1982. Hr. Gasson seconded the mo tio n, which va s approved un a nimously. (Hr. Robohm left the meetin pr io r to the vote.) Chairman Holt haus announced that Lowell Pal quit, Pr stdent of Swedi sh Medical Cen t er , had inv ited the Board to attend br akf t pr sent tion of Swedish's future plan at 7:30 A.H. o n May 20. Th Board cceptcd the invitation. Th r b lng no further husln , t h,· m tin~ w . djourn d f 1:5'> f'.M. • I • • - • • • • • ENGLEWOOD DOWNTOWN DE VE LOPMl.:N T AU TH ORITY Report of Nomin atin ~ Co mmi t tee Four board members' t e rms e xpir e i n 1 9 83. Thr me mbe r s have indicated a willingness to serv e if r e ap po in t e d . It i s the recommendation of t his nonina t in p curranit t ee tha t the following be reappo inted f or a norm al t rm : Cl e te Gas s on Barbara Ho ltha us Fr e d Ka u fman Recorran en de d n omi n e es f or t h e r , r inin v ao..:,1nc-1 .. re· Go rdo n Cl o s e Ro bert G. Little Si ~. 1 i r C · l c,,. Furthe r , this c onuni.t t ee g r 1~ fu; ! · .ic\ n-..:J,,,1 1•,~s t tH ,Upf cir• and service g iven b y re t irinr Dire ct, r · L',>n ,r<l Ro!, h:". RLp•c•fully ubr,i 1:d, Wi 1 i ·, Pend l ton -Chair an J , nl·t te Bus h Gor ,!t Cl 1s / Su bmitted this 5th d y of Ma y 198 1,. / • I • • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMIS SIO N May 18 , 198 2 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Comm ission was called to order at 7:00 P. M. by Chairman Ed McBrayer. Members present: Mc Brayer, Stoel, Tanguma, Allen, Barbre, Becker, Carson, Gilchrist Members absent: Also present: Susan T. King, Acting Ex-officio Senti Linda Knopinski, Housing Administrator Kathy Reeves, Rehab Technician Mr. Tom Dinkel, First Interstate Bank II. APPROVAL OF MINUTES. Chairman McBrayer stated that Minutes of the meeting of May 4, 198 2, wer e to be considered for approval. Tanguma moved: Gilchrist seconded: The Minutes of May 4, 1982, be approved as written. AYES: Stoel, Ta nguma, Allen, Becker, Gilchrist, McBrayer NAYS: None ABSENT: Senti ABSTAIN: Barbr e , Carson The motion carried. III. HOUSING REHABILITATION PROGRAM. Ms. King introduced Englewood Housing Divl ion Slaff Hou ing Administrator, and Kathy Re ve , Rehab T chnic i of th First Int rstate Bank who s rves on th Rh b Lo Mrs. Knopin ki r vi w d th progra r Division of th Comm unity Develop th a progr m include th Simon C nt r, a 10 Orchard Place, a 100-unit ld rly/handicapped tanc Progr m (S ct ion 8) wh ich ha1 137 unite th Housing Division is in th pro as of units) for low-incom family hou sina . th Housing Rh bilit ti Pro r , 1ub-1t ndard housin sto k up to aini units to th t th • itt nop1n ki, To Oink l Houain th t si - I • • -• • - -2- family housing as well as that of the elderly. Mrs. Knopinski pointed out that 75 % of the housing stock in Englewood was built prior to 1956. In 1979, a survey was undertake n by the Building Division, which found that 19% of the 13,00o+ units in the City were substandard. Mrs. Knopinski then discussed the funding for the Housing Rehabilitation Program, and stated that funds have been obtained from the City, from HUD CDBG funds, from the State Housing Division, and a line of credit from a consortium of local banks --First Interstate, First National of Englewood, Republic National, and Community Bank & Trust. The initial funding for the Rehab Program in 1976 included $90,000 from the City, and $40,000 from the State . In 1977, $150,000 in HUD CDBG funds was received, which funds were used to leverage a $450,000 line of credit from the consortium of Banks, at that time Continental National Bank (First Interstate), First National Ba nk and Republic National. An additional $226,000 in CDBG funds wa s received in 1979, and the State Housing Division contributed $35,000, which funds were again used to leverage an additional $350,000 line of credit from the four banks which were then participating in the program. In 1981, $390,000 in CDBG funds was received, and the program was expanded to in- clude "grants" in addition to the various loans. Mrs. Knopinski pointed out that the "grant" program is done with non-bank funds, and is offered to low-income homeowners, only. In 1982, the City of Englewood allocated $100,000 to the program. The Housing Authority has used the $100,000 and the 1981 CDBG funds to leverage a $500,000 line of credit from the bank consortium. Mrs. Knopinski stated that the total amount of funds that the Rehab Program has had to work with is $2,331,000. Mrs. Knopinski then discussed the types of loans and grants available through this pro- gram. There are deferred loans, subsidized loans, pass-through loans, and investor loans, as well as the grants which may be obtained through this program. Mrs. Knopinski pointed out that the Deferred Loan and the Grants may be approved by the Housing Authority Executive Director; the Subsidized Loans, Pass-Through Loans, and Investor Loans must be approved by the Rehab Loan Committee. Mr. Barbre asked what the median income is for the City of Englewood? Mrs. Knopinski stated that the median i n come for a family of four in Arapaho County is presently $21 ,700 . Mr. Allen stated that he understood some of the loans were interest-fre . Mrs. Knopinski stated that th deferred loans are interest-free, and are not repaid until such tim as there is a transfer of property, conveyance, or death. This typ of loan is offered to low-incom, has a maximum of $5 ,000, and is made out of non-bank funds. The Grant program is offered to low snd very-low income; there ar restrictions on assets, the location of ham and the eligible work items depending on th source of the funds available. A deed of trust is filed on the property, which deed of trust contains a declining lien provision on the grant; the grant amount d cline 20% pr year, and is totally liminat daft r a fiv -y ar p riod. The repaym nt of the various loans waa diacuas d. Mr. Gilchrist ask d to whom th capital gains w nt whens r habilitat d property was old? Hr. Knopinski stat d th t thy would go to th property owner. Hrs. Knopinski point d out that applicants for the Pau-through Loans nd th Inv stor Loans do not hav to b low-inc , but doh veto b in on of th Target Ar s . 'nlere is no subsidy on th • loans, and only th bank mon y is u d. Hrs. Knop1nak1 stat d th t Investor Loan• hav aore atring nt • I • • • • • • -3- requirements the app licants have t o me et , including presenting proof they have been denied a loan f or this purpose by t wo lending agencies, There is a maximum loan amou n t of $40,000, the property must be within a Targe Area, cannot be mor e than f our un its, and the r e mu st be an agreement signed by the property own e r that t he rentals on these units will be held below the Fair Market Rent for one year following completion of the c on s truc t ion. Upon a question b y Hr. Tanguma, Hrs. Knopinski stated that Fa ir Ma rket Re nts are published once e ach year; these are the maximum rents tha t the Housin g Division may use in s igning c ontracts on the Housing Assistance Payments (Se c t i on 8) program; these rent guide lines a re e s tablished by the Fe deral Go vernment, but are based on local i n formation. Hr s. Knopinski stated that as she recalled, the Fair Market Rent for a two-bedroom unit in thi s area i approxi mat e l y $39 5 , i ncluding u tilities. Hrs. Kno p inski stated that the utili t y allowance is not r e al i s t c . Hr s. Knopinski stated that on the Investor Loan s , there is a max i mum of 30% of the total loan that can be for general pro pe rty imp r ovements; the r e must be Code items or energy conservation type i mprove men ts that ar made to the property. Hr. HcBrayer inquired how the banks could ma ke any mon e y when the inter s t charged on the loans is at 11.5%? Hrs. Knop i n s k i s tate d that Hr. Dinkel would more fully discus s the financial aspec t s of the program . Mr. Stoel asked for a definition of "substandard " what gui delines wer used in determining substandard housing? Mrs. Kathy Reeves stated t ha t this determination was made by the Building Division in their survey they made in 1979; housing which was not up to grade to provide a healthy en- vironment for the occupants, or which had v i sual hazards were cla ssified as substandard. Hrs. Reeves stated that a lot of the det ermin a ion was made on visual a s pect s of the propert ies. Hr. HcB r a yer a sked if fun ds t h at we r e bein g repaid were put back into th loan sys t em a nd reloan ed t ooth r i nd ivi du als? Mrs . Kn opinski mor full y discus s ed t he repaym nt of the loans g r anted through the progra , and d d s t ate there is minimal repayment so far in th program. She not e d that the economy is very poor, and that the loan a re being granted co person who would not b eli gible for loans through th conventional lendin proces Hrs. Knopinski pointed out that ther ar two closings on all loans; th re is a construction lo n clo ing, and a p rman nt loan closing after the r - habilitation work is compl ted. Hrs. Knopinski then discussed status of current funding for th program ; she noted that the funds from the bank consortium are not recirculated and reloan d wh en rep yment is mad. On th s cond 1 tt r of er dit from the banks, th r is a $7 ,000 b lane r mainin in th progr m. Th third letter of er dit, for th $500,000, has no funds co11111itt d from it, and approval frOIII HUD is still p ndin. Of th Ci ty funds, $35,400 has b n rep id; from the $100,000 which th City pl d d for 1982, no funds hav b en u d to this dst , but $15,000 is co11111itt d, There i $5,700 r - maining of th funds from th Stat • Hr. HcBrayer ask d if HUD, th pay-back rate on th loans stat d that this had not b were b &inning to conaid r state and/or th• Cit took into account th in approvin furth r allocations? Hrs. lnopinaki nth case in h pat; how v r , thee n iea th p y-back r ate • • I • • • • • • -4- Mrs. Knopinski stated that from the CDBG funds --all allocations, there is a balance of $44,000, which includes some repayments. Mrs. Knopinski stated that there are 10 rehab jobs under construction at the present, and 162 rehab jobs have been completed since the inception of the program. Mrs. Knopinski referred to a map of the Target Areas, and stated that these areas were designated as "Areas of Concern" in the 1969 Comprehensive Plan. Mr. Gilchrist asked who chooses the contractor, and who supervises the work? Mrs. Knopinski stated that Mrs. Reeves would address this issue in her portion of the presentation. Mrs. Knopinski then discussed future funding of the rehabilitation program . An application was submitted to the State in March; the application was turned down, but we were told the City was #1 in line for this type of funding assitance, and to check back in June. Mrs. Knopinski indicated that future requests for assistance from the City would depend on what other revenue resources are available. Mrs. Knopinski stated that the regulations for the CDBG funds for 1982 were not yet available; she dis- cussed the changes that are being instituted in the application process which will go from a preliminary application and a final application to a one-step process. The propos~d regulations on the new process will be published in mid-June, and will then have to be approved by Congress. Mr s . Knopinski stated that it appeared the State of Colorado would remain at the same level of assis tance from the Federal Government, and could receive $8 ,000,000 to $9,000,000 state-wide. Mrs. Knopinski stated that the City of Englewood would be competing for discretionary funds for non- entitlement ci t ies --under 50,000 population. Mrs. Knopinski stated that another reason for the delay in availability of 1982 CDBG funds was that when the States we re given the option of taking over the administration of the CDBG f und s by the Federal Government, Colorado did n ot choose to do so; this ha contributed to the delay. Mrs. Knop i nski discussed th new r quirement that will becom effec tive in 1983 wh n Colo r ado ass s con trol of the f unds; they will be on s tat -wid comp tition, and HUD will requir th t th r be a 10% match on fund s that ar awarded. Mrs. Knopinski stated that sh h d discussed this with Mrs. Jonas, Executiv Di r ctor of th Hou ing Authority, earlier in th day, and Mrs. Jona has expre s d th opinion that th new regulation will simplify th entir proc ss, and th r will b mor flexibility in th program tom t th local n da. Hrs. Knopinski st t d that Hr. Tom Dinkel of th First lot rstate 8 nk would di cuss th rol of th banks in the r habilitation pro ram . Hr. Oink 1 at t d that the con ortium of banks is compo ed of the First Int rstate B nk, Community Bank & Truat , R public National, and th First ation l B nk of n 1 wood. Hr. Oink 1 atated that the officials in th banks hav I nth d for th r habilitation program, and that th "h alth" of th comunity is import nt to them . Hr. Dinkel stat d that h had att nd d th d dication of Orchard Place on Hay 16 th, whi c h ia th n 100-unit building for th ld rly and h nd icapp d; h atated that th coat of thia buildin br aka down to approxi .. tely $ 0,000 pr unit; h tat d that thi ta pr tty exp naiv compared to the rehabilitation pro- gr •· H at t d that with a littl 110n y and a littl h lp, th exiatin houain atock c n b !ix d db coafortabl h 1; h atat d that h f la it ta a orth hil • I • • • • • -5- Mr. Dinkel stated that in 1 977 , the fi rst line of credit f rom the banks for $450,000 was loaned to the Hous ing Authority at 6-1 /2% int erest; the second line of credit in 1979 f or $350,000 was loaned a t 8% interest, and the latest $500,000 line o f credit from the banks wil l be loaned at 10-1/2%, The Housing authority takes th ese fu nd s a nd loans them to prop- erty owners and will collect 11-1/2% on the $500,000 line of credit. Mr. Dinkel stated that when a homeowner would apply through a c onvent ional lending agency for a home improvement loan, they would pay about 20 % in- terest; this makes the Housing Rehab ilitation Program very attractive at the current 11-1/2% interest rate. Mr. Di nkel s tated that he felt the rehabilitation program is a good combination of private enterpr ise and governmental entities to leverage funds and make them available for the improvement of the coDDDunity. Mr. Dinkel stated that wh ile the Hou sing Authority staff does the majority o f the paperwork, the bank staff does have considerable work on the program also, Th Housing Authority staff does collect the pa}'lllents from the home ovners. Mr. Ta nguma asked why more funds are not made available from the banks, Discussion ensued. Mr, Dinkel then discussed the return the banks look for on funds that are loaned, and noted that today's prime rate is 16%. Mr. McBrayer asked if the bank consortium worked on a similar basis with other municipalities ? Mr. Dinkel stated that they do not . They do bid on funds made available by CHFA (Colorado Housing Finance Authority), which could be loaned in other areas. The banks try to work with a "territory" such as that area within a ten-minute drive of the bank. Mr. Dinkel stated that if a proposal was presented that made economic, social and civic sense, they would consider it if it wa s in another municipalitv in the iDDediate area. Mrs. Becker asked how leveraging worked ? Mr, Dinkel stated that the rch b program initially began with funds from Fed ral, State and local govern- ments, which funds w re limited and th refore limit d wh t could b accomplished in the program. Th banks w re approach d and as ed if thy ould b willln to participat in th program, wh ich r sult was an approximat doublln of th funds av ilable to th program. Mr. Oink 1 discussed th loans which th banks particip sub idiz d loans, the pass-through loan , and th Mr. Cilchriat atat d that h elt th vie to th co11111Unity by particip and flt that th program should did not f l ny p ople ffort should b m d to iat nc of this progra • Mn. lo n th u h h I • • • • - -6- grant program, the low-bidder is selected to do the work. Mrs. Reeves stated that the Building Department, Mr. VanDemark, and she monitor the home improvement work while it is under construction; the Building Depart- ment inspectors look over the actual construction aspects of the case, and she and Mr. VanDemark look at the workmanship aspects of the job. Mrs. Reeves stated that 75 re-wires have been completed under this program, and 60 furnaces have been replaced. The majority of the work done under the program has been to correct imminent hazards; there has been some general property improvement work done as well. Mr. Tanguma asked if he understood correctly that the program used only three contractors? Mrs. Reeves stated that three contractors are sent out on each application; they have a pool of 15 -20 contractors which are sent out to bid on jobs on a rotating basis. Mrs. Reeves stated that the contractors are held to the bids they submit, and cannot draw more than 80% of the funds due them until the job is 100% completed and signed off by the Building Department and the homeowner. Mrs. Reeves stated that they try to work mostly with local contractors. Mr. Allen asked what the average construction job ran? Mrs. Reeves stated that the average job is about $8,000. There is a maximum of $17,500 that may be obtained on a loan. Mrs. Reeves then presented slides of homes that were in need of rehabilitating; of homes that have been rehabilitated under the program, both before and after photos, and of the work in progress. Also shown were areas of deterioration, such as crumbling foundations. Mrs. Reeves stated that the grant funding has been concentrated in Northwest Englewood, and that a great many of the homeowners in Northwest Englewood have taken advantage of the rehabilitation loan/grant program. Mr. Dinkel suggested that this activity would also en- courage private development which is taking place in the Northwest Englewood area. Mr. Allen sked how much could be obtained und r the grant program? Mr s. Reeves stat d that $15,000 is the maximum amount availabl und r th grant portion of th program. Mr. Allen at ted that he felt this is a very worthwhil progra • Mrs. Knopin s ki s tat d that regardin the funds from th bank consortium, th re is a limit on what may b 1 nt to any on entity, nd the limit may be incr ased t uch tim a om of th loan ar repaid. Mrs. Knopinski then furth r discussed leveraging of funds. M. King stat d that this conclud d the Housing Reh bilitation Program pres ntation, nd xpr seed th appreciation of th Planning Staff and Commission to Mrs. Knopinski, Mrs. R v a, nd Mr. Dinkel for th ir att ndanc and pr a ntation. Mr. McBray r also thanked Mra. Knopinski, Mrs. R ves and Mr. Oink 1 for th ir att ndanc It w h d not d th t Mrs. Dorothy nter d th etin& durina nd Assist t City Attorn y Holland a ntation by Hr1. ev s. I • • • • -7- IV. PUBLIC FORUM. No one was present to address the Commission. V. DIRECTOR'S CHOICE. Mrs. Romans stated that the Board of Adjustment and Appeals met with the City Council at 7:00 P.M. this evening, May 18th, and one of the topics of discussion was the new Sign Code and the effect that variances to the pro- visions of the Code could have on the effectiveness of the Code. Mrs. Romans reported that the Board members were supportive of the new Sign Code, and presented some suggested amendments to the Comprehensive Zoning Ordinance which would set forth guidelines for granting variances on the Sign Code. Mrs. Romans stated that if the Planning Commission members were in agreement with the need for specific guidelines, it could be dis- cussed further with the City Attorney, and incorporated into the Compre- hensive Zoning Ordinance. Discussion ensued. Mr. McBrayer stated that the Commission members should consider the proposed amendments and be pre- pared to discuss them at the next meeting, and consider setting a Public Hearing in July. Mrs. Romans stated that the Urban Renewal Plan will be presented for dis- cussion at the meeting of June 8th. Mr. Rick DeWitt,City Attorney, would also be present at the meeting on June 8th to discuss possible amendments to the Comprehensive Zoning Ordinance regarding public buildings and facilities. Mr. McBrayer stated that the Capital Improvements Program would be con- sidered at the meeting of June 22nd. VII. COMMISSION'S CHOICE. Mrs. B ck r referr d gested that po ibly this probl m could b was enact din 1981. to th Commis ions work goals for 1982/83, and sug- It 1 10 could b eliminated from this list; that handl d und r W d nd Litt r Ordin nee whi c h Mr. McBray r asked tha th Comai•sion Work Go lab r vi w d, and that b pr par d and tter• which w re indicated for th 8th tiain pr s nt d to the Colllli 1ion t th t h d ubmitt d a writt n r port on the APA D 11 a , T x s, which h had att nd d. H stat d that h amount of literatur which oth r mb ra y revi w. •tat d that h found much of int rat to him in nd would lik to di•cua• with the •t Cf 1om •u g a t d proc dur that h would lik co a impl nt d. h found inter icing i• th tin lllat\y ar aa, h ld by th City Council nd Plannina Co mmi aai n; uv • pplicant, and ae to work w 11. t I • • ....... • • • - -8- a great deal could be learned just by sitting in an informal discussion session with other delegates from other parts of the country. He stated there were 2,700 in attendance at this conference, and that in discuss ions he found that Englewood was much further ahead in many areas than he had previously thought. * Mrs. Becker stated that she felt attendance at the APA Conferences is most beneficial, and stated that she strongly felt two people from the City should attend these conferences. The meeting adjourned at 9:00 P.M. *As amended June 8, 1982 I • • Present: • • • MINUTES BOARD OF DIRECTORS MEETING DENVER REGIONAL COUNCIL OF GOVERNMENTS WEDNESDAY, MAY 26, 1982 Thomas R. Eggert, Chairman Arapahoe County 5 F Ted Hackwcrth, VlceO:Chatrman Doris Durdy, Secretary-Treasurer Robert A. Briggs, Jr. City & County of Denver City of Brighton Carl Winkler Marjorie E. Clement Vesta H. Miller Frank Weddlg Linda Jourgensen William Thornton Norman A. Smith Merle Chambers David Busby Betty Anderson Robert McGregor Fred Fisher ANin Mic hel Sa mu el Har per Norbert Meler Ma ry Ellen Kettelkam p Rick Reeser Ken Lewis Also Preaent: Adams County Douglas C~unty Jefferson County City of ANada City of Aurora City of Boulder Town of Bow Mar City of Broomfield Cherry Hills Village Commerce C lty City of Edgewater Fedensl Heights Greenwood Villaoe C ity of Lakewood C ity of Littleton C ity of Loui 1ville C ity of Ncrthglenn City of Thornt on City of Wheat Ridge Rob rt D. Farley, Executive Director; Jack B. Enger, Metro Denver Sewage Disposal District No. l; Ed Demos, City and County of Denver; Sally Judd; WilhelmlM Stemmer; A. Jay Balley, City of Thornton; Rose Evans, Environmental Protection· Aoency; Dave Usech , City of Northglenn; Mary Lohre; Steve House, Commerce City; Ken Kirkpatrick; Thomas Benson, DICOG Attorney; Karen Anderson, Calkins Kramer, Grtmahaw & Harrtno: Btll Strinofellow, Colorado D partment of Highways, Shirley Heck, Executive Secretary for the Board and v rtous members of the DICOG staff. Chairm n Egg t c lied them Ung to order t 7:30 p.m., roll waa ken nd quorum d l red prea n • • I • • BOARD MINUTES May 26, 1982 Page two Public Hearing on Plan Amendments • • • Chairman Eggert convened the Public Hearing in accordance with established Council procedures for public hearings on Plan Amendments, Clean Water Plan The Metropolitan Denver Sewage Disposal District No. 1 has requested an amend- ment to the Clean Water Plan to reflect the Lower South Platte Facility Plan. Ray McNe111 of the Metropolitan Denver Sewage Disposal District No. 1 summarized the proposed amendment and explained that the effect of the change would be to indicate that the City of Thornton Waste Water Service Area would be tributary to the Metro Central Treatment Plant. David Usechek, Councilman, City of Northglenn, briefly summarized Northglenn'• support for the proposed amendment. Mr, Sell, DACOG staff, summarized the recommendations of the advisory committees and the staffilMlysis, noting that approval of the plan amendment is recommended. Regional Airport Systems Plan (RASP) Mr. Scheuernstuhl, DACOG staff, reviewed the proposed amendments to the Regional Airport Systems Plan (RASP) noting that the plan revision responds primarily to changes that have occurred in the region's aviation system demand. The recommendations of the advisory committees and staff analysis were summarized noting that approval of the proposed amendments to the RASP is recommended, A summary of the proceedings is attached to and made a part of the file copy of these minutes. Action wlll be considered by the Board at its June 16, 1982 meeting. The Public Hearing was adjourned and the Board proceeded with the remainder of its business. Minutes of April 21, 1982 Board Meeting Th e Board, upon motion by Mr. Briggs, supported by Ms. Durdy, unanimously approved the minutes of the April 21, 1982 Board m ting. • I • • I r - 1 BOARD MINUTES May 26, 1982 Page three Report of Chairman • • - Chairman Eggert reported that several Board members attended the National Association of Regional Councils (NAR:) Annual Conference in Louisville, Kentucky, May 16-20 and found it to be very timely and informative. Bill Thornton was re-elected to the NAR: Board representing Region VIII. Chcrirrna n Eggert reported, with a note of congratulations to the staff of the DR:OG Public Affairs Office, that DR:OG had received awards of excellence at the NAR: Conference in the categories of total communications, special print material and audio visuals. A letter from the City of Westminster advising the Board of their desire to withdraw the request for an interchange at U .s. 36 and W. 112th Avenue was distributed. The Board Retreat to be held at Beaver Run in Breckenridge June 3-5 was noted. Plaques were presented to Carl Winkler, Fred Fisher and Vesta Miller for their distinguished and valuable service as officers of the Board during 1980 and 1981. 1982-83 Unified Planning Work Program Mr. Hackworth repcxted that the Program Committee reviewed the 1982-83 Unified Planning Work Program (UPWP) and recommended adoption of the resolution. Mr. Scheuernstuhl, D~OG staff, reviewed the 1982-83 UPWP which covers transpcxtation planning activities including the maintenance of the Regional Growth and Development Plan, on which transportation planning is based. The projected 1982-83 UPWP budget was summarized noting a significant decrease because of the lower levels of federal planning funds and a decrease in the level of local RTD and CDH funding of related planning activities. The major thrust of th 1982-83 UPWP wUl be to pinpoint a c tivities which focus on short-term problems such as c orridor and subarea studies. The Board, upon motion by Mr. Hackworth, supported by Ms. Anderson, unanimously adopted Resolution No. 9, 1982, A Resolution to Adopt the 1982 -83 Unified Planning Work Program tor Transportation Planning in the Denyer Region, (A signed copy of Resolution No. 9 is attached to and made a part of the file copy of these minutes.) • ) I • • BOARD MINUTES May 26, 1982 Page four • • - Amendments to the 1981-85 Transportation Improvement Program Mr. Hackworth reported that the Program Committee reviewed the proposed amend- ments to the 1981-85 Transportation Improvement Program and recommended adoption of the resolution. Mr. Scheuernstuhl, DR::OG staff, explained that because projects in fiscal 1982 are being funded through the state on a first-come, first serve basis, it is important that funds be obligated, therefore, several projects were moved fcrward into the annual element. Each of the seven proposed amendments to the 1981-85 TIP were summarized and it was noted that the Federal Aid Urban Systems Committee and the Transpcrtation Committee have recommended adoption of these amendments. The Board, upon motion by Mr. Hackwcrth, supported by Mr. Winkler, unanimously adopted Resolution No. 10, 1982, A Resolution to Amerp the 1981-85 Transportation Improvement Proqr:am. (A signed copy of Resolution No. 10 is attached to and made a part of the file copy of these minutes.) Br1ef1ng on Metro Denver Sewage Disposal District No. 1 Bond Issue and Construction Program Jack Enger, Executive Director of the Metropolitan Denver Sewage Disposal District No. 1, briefed the Board on the status of projects and the construction program which was approved by the voters with passage of the bond issue last fall. Mr. Enger responded to questions from the Board. Briefing on Denver Solid waste Energy Utilization System (DEUS) Ed Demos, Department of Public Works, City and County of Denver, explained that the Denver Energy UtiUzation System culminates the third and final study on a waste energy system for the City and County of Denver. Mr. Demos gave a com- prehensive slide presentation of the plans to implement a steam and electricity generating system using solid waste and reviewed the many considerations and issues, including costs, evaluated in the study. Legisl tive Wrap-Up Br1efinq Mr. Foster, DRCOG staff, presented a legislative wrap-up on legislation of concern to Board programs and activitles noting specifically those legislative bills dealing with jails. the light rail issu , and the legislation to assist the Denver Public Libr ry C ol do Resource Center . I • • - I • BOARD MINUTES May 26, 1982 Page five • • • Briefing on Metro Alrpcrt Study Phase II Report Mr. Scheuernstuhl, DICOG staff, gave a comprehensive slide presentation of Phase II of the Metro Airport Study. He reviewed the three sites and explained the comparison of the analysis criteria used in evaluating each of the sites. Considerable discusaion followed and Mr. Scheuernatuhl responded to questions from the Board. Reoqt of Executive Director Mr. Farley noted that the Transportation Committee meeting is scheduled for June 2 3, 1982. The Board was advised of recent D~OG publications. The Calendar of Polley IBBues was noted by Chairman Eggert. Adjournment Thwe being no further bualneas to come before the Board, Chairman Eggert declared the meeting adjourned at 10:20 p.m. Thomae R. E9gert, Chairman Denver Regional Council of Governments An'EST : Rob«t D. Farley, Executive Directer I • • -• • • MINUTES ENGLEWOOD PUBLIC LIBRARY ADVISORY BOARD June 8, 1982 5 G Chairman Bob Currie called the regular meeting of the Library Advisory Bo ard to order at 7 :30 p.m. PRESENT: Bob Currie, Jerry Valdes, Wilma Ankrum, Marietta Brown Debbie Dix, Joe Rathburn, Kay Van Valkenburg, Dorothy Wheelehan ABSENT : Norm Kerswill ALSO PRESENT : Ann Trowbridge, Administrative Assistant/Library Henri Krase, Adult Services Librarian Sharon Winkle, Director of Libraries Donna Gottberg, Recording Secretary Roll call wa s taken and a quorum declared present. Mr. Currie turned the meeting over to ~Is. Winkle for the Director's Report. Ms. Winkle presented information on the 1983 Capi t al Budget Request. She then introduced Ms. Henri Kruse, Adult Services Librarian, who explained briefly each capital item. Discussion and questions from the Board members followed . 82-14 MOTIO : That the Board recommend the Department's 1983 Capital Budget Reque s t • to the City Manager . Moved by: Wilma Ankrum Seconded by : Dorothy Wheelehan Motion carried. Ms . Winkle i ntrodu ced Ann Trowbridge, Administrative Assis tant, and asked her to s hare i nformation on the au tomat ion project and on the Dun can Station. M. Tro bridg explai ned the history of the Duncan collection, its being a ro tlon ervice, and how s h fe l s the purc hase of a McNaughton Book Plan will keep the co llection updated. The re wa s a que s t ion and answer per iod with di cussion by th Board. M. Trowbridg th n pre nted background on th Libr ry brought th Board up-to-d te to when the RFP's for th will b ent to the vendor utomation proj ct utom ted yst m Th Bo rd th nkeJ both Is. Kruse and Ms. Trowbridg for th ir pre nt tion . nd t Wink! g v n upJ te report on th Co lor do Re ource Center (CRC) fundi ng, p 1ng round two 1 tter on th ubJ c . conti nued ..... • I • • • • -2- An update on the Reciprocal Borrowing Program was presented by Ms. Winkle, who noted that Englewood is a big net lender to Denver residents and will receive payment of approximately $24,000 for the current fiscal year. There is a free program on lobbying being present,ed by Central Colorado Library Systems (CCLS) on June 22, 1982. In th e absence of Mr. Ker swill, Ms. Winkle presented the latest information on the Staff/Board breakfast. Chairman's Choice Mr. Currie noted that library commemorative stamps are available for collectors or interested persons. Ms. Wilma Ankrum has been appointed to the Automation Project Review and Implementation Group. Members' Choice Ms. Ankrum gave a report on the Colorado Library Association (CLA) Spring Meeting held at Vail, Colorado. The annual CLA Trustee Division meeting will be held October 20-23 at the Aurora Public Library. Ms . Ankrum is on the planning cOIMlittee for that meeting. The Statistical Report for May, 1982 was briefly discussed. There was a brief discussion on the comments from the Suggest ion Book for May. 82-15 MOTION : To ac c ept the Minute s from the ~lay 11, 1982 Meeting, as wr itten. • Moved by : Joe Rathburn Seconded by: Marietta Brown Motion carried . Meeting adjourned at 9:00 p.m. 6-9 -82 d • I • • - • • • • (.p (L ENQUWOOO DOWN'IOWN DIVIIOPMINT AUTMOIITY • 3536S.Shllmal- Ef'Qlow00d . Cclooado 110110 Phonc~/7111 -71186 Mayor Eugene Otis and City Council City of Englewood 3400 South Elati Street Englewood, Colorado 80110 Dear Mayor and Council: June 8, 1982 The Board of the Englewood Downtown Development Authority wishes to inform you that the terae of four of our Board M.abere will expire on June 30, 1982. Those Board Members that are referenced are Mrs. Barbara Holthaus, Mr. Cletus GaHon, Mr. Fred JC.aufaan, and Mr. Leonard A. llobo'ta. 'Hrs. Holthaus, Mr. Gasson, and Mr. tcaufwln have expressed a desire to serve on the Board for another tera. The Board of Directors would like to subait the following n-ee to Council for your kind consideration ae a replac•ent for Hr. ttobola: Gordon Close Robert C. Little Melody lllaic Co. 3451 M:OU Sinclair Oil Co. 750 West Raapden Avenue Your attention to this .. tter would be areatly appreciated, If you have any questions, plea•• don't hesitate contacttna our office. On behalf of the Board of Directors, I thank you for :,our Rpport and look forward to hearina fro• you. MR/pfd Very truly youra, Michael llavtland !xacuttve Director • I • • - • • • • • lD B T /~ /f,Pt. ~h ~~/~ , ~~~ &4!~ d24 ~ "'"7 ~ ~ ,t ~4, t pi( 4/1 ~~ ~, ~ ,,_.,,,·1'> .,L·~- ;i? ~/ ,zL ~ .,,;~ ~, RECEIVED .JUN 14 1S82 CHY. MANAGER 'S OfflCE fNGL!WOOO I . • • • • • Enghwoob llnU,b a,t!Jobtst QI!Jurr!J 3885 South Broadway, Englewood, Colorado 801 IO Telephone 7111-4041 o r 7111 -2833 Ge J. STANLEY FIXTEll, Miaiaw June Hayor Gene Otis 4493 South Cherokee Englewood, Colorado 80110 Dear Gene : 13, 1982 OOROTHY TEMPUN, Director ol O.ri•ia• EclucatiCM, CHARU:S NICHOU..S. 0.•"'h A•i•illralor I want to thank you for allowing -to serve on the Housing Authority the laat six years. It has been a great experience, however, since I am moving to Durango I would like to re•ign and have you appoint someone else. I appreciate the work you have done in the church all of these years . I would like to erpre•• lll'J •ympathy on the sudden death of you brother. JSF?qir Sincerely, / ) . I . t ' \ , <:1, , ( ( • j I·> t J. Stanley Fi,(ter llinister • I • • n C O U N C I L DATE June 17, 1982 • • • C O M M U N I C A T I O N AGENDA ITEM 6 (d) SUBJECT Approval of Concession Contract INITIATED BY ~~P~a~r~k~s~a~n~d~R~e~c~r~e~a~t~i~o~nl....l,C~o~gnnllllWi~s~sui~o~n.__~~~~~~~~~~ ACTION PROPOSED Approval of Concession Contract with 2101 Corpor- ation for food and beverage service for new golf course clubhouse INTRODUCTION AND BACKGROUND In March of 1982, the City of Englewood issued a request 'for proposals for the concessions contract for the new golf course clubhouse. Fourteen (14) proposals were submitted to the City and the City Manager appointed a committee composed of Jerry King, E. P. Romans, Gary Higbee, Melvin BeVirt and Franz Huumel to review the proposals. After the initial review, four vendors were interviewed by the committee. The proposals ranged from 57. of gross concession income up to 257. of the gross. Financial status, experience, character and reputation were the criteria utilized by the screening committee in conducting the personal interviews. 2101 Corporation, owned by two Englewood residents, Betty Lou Iverson and Robert Bauer, were selected by the coumittee for recommendation to the Parks and Recreation Commission and the City Manager . Attached please find a contract drafted by the City Attorney that has been reviewed by City staff. The one year contract has provisions for the concessionaire to pal to the City 167. of the gross incom . The City of Englewood wi 1 provide the space, furnishings and utilities . 2101 Corporation will provide the food and beverage staples, labor and pay for the telephone costs and janitorial services for the food and drink section of the clubhouse . The contract has been approved and signed by the owners of 2101 Corporation. RECOMMENDATION Th t th contract with 2101 Corpor tion for food and beverag servic for th new golf coura clubhouse commencing on July 1, 1982 be pprov d . • I • • • • - C~TRACT FOR RESTAURANT CONCESSI~ AT F.N:.LEllt'OOO MUNICIPAL GOLF COURSE t>, '!'HIS JIGREEMENT, made this /7 day of ~ , 1982, between the CITY OF F.N:.L&.000, COLORADO, a nunici~ion of the County of Arapahoe, Sta of Colorado, hereinafter referred to as "City", and ~ hereinafter referred to Wl'lllESSETH WHEREAS, the City desires to establish a restaurant concession (food and beverage) at the Englewood Municipal Golf Course, 210.l w. Oxford Avenue, Sheridan, Colorado; and lrtfERF.AS, the City has requested and received proposals for the restaurant concession rights and privileges of supplying said merchandise and services, and the City has determined that the concessionaire sut:.nitted the most satisfactory and most advantageous proposal, and has been awarded the contract. NO.>J, THEREFORE, in consideration of the covenants and agreements herein contained and of the payment of monies as hereinafter set forth, the parties hereto rrutually agree as follows: 1. Right to OccuE't and Operate. The City hereby grants the right, license, and privilege for exclusive right to operate the restaurant conces ion at the Englewood Municipal Golf Course for a term beginning ___ ....,-=<+--'---' 1982 and ending ~~ / . , 1983, unles rm hereof shall be continued ;?>iternilnaUd as'hereinafter provi 2. Purpose. The Concessionaire agrees to operate a restaurant facility , snack bar, and a lounge, and to provide to the public, at the concession sites, food, drink, liquor/beer and service of high standard, equivalent in quality and price to that generally furnished to the public at similar places of comparable size and scope in the City. Concessionaire shall also have exclusive rights to any vending machines on the premises. 3. Compensation to be Paid to City. The Concessionaire agrees to pay to the City /& I of gross recefpts, after sales tax, from all food, beverage, and vending mach ine sales. Food service shall also include preparation or storage of food and beverages in City's facilities for off premise cons1.111Ption (catering). Compensation owing to the City is due and payable monthly on or before the 5th day o! each month for th preceding month .of operation of the restaurant concession. Failure to make timely payment shall be considered a breach of this agreement. l • I • • • • • 4. Accounts and Audits. Concessionaire shall keep detailed and current accounts and records of all sales of food and beverages, and other sales, which records shall be open for inspection by the City during business hours of any bu&iness day. Records for 1982 sh,,11 be final and complete in all aspects by February 28, 1983. Said records shall be in a form that will allow review by City auditors. Concessionaire shall provide all information necessary to complete said audit in a prompt and efficient manner; if such audit reveals additional monies due to City, Concessionaire shall pay the cost of said audit and the amount due. 5. Performance Bond. Concessionaire agrees to furnish to City a cash bond in the amount of $5,000 guaranteeing faithful performance by Concessionaire of all terms, covenants, and conditions herein contained, and compliance with applicable City ordinances. Said bond shall be furnished as of the date of execution of this contract. 6. Indemnity and Insurance. Concessionaire agrees to procure and maintain in full force and effect at his sole expense a public liability insurance (X>licy naming the City of Englewood as an additional named insured. This (X>licy shall be obtained as of the date of execution of this contract and shall reflect comprehensive general liability coverage as follows: $500,000 for injury or death of any one person $1,000,000 for injuries or death occurring as a result of any one (1) accident $50,000 for property damage $500,000 for products liability. A certificate evidencing said insurance (X>licy shall be kept on file with the Parks and Recreation Director of the City and shall have a provision that the same shall not be altered, amended, or cancelled without first giving written notification thereof to the Purchasing Agent of the City thirty (30) days prier to cancellation . Concessionaire further agrees to indemnify City for any claims brought against City because or on account of Concessionaire's operation. 7. Fire and Theft Insuranc. Concessionaire agrees to carry adequate fire and th"ett insurance covering all food, liquor, and other s upplies and personal property belonging to Concessionaire, in an amount and i n a company to be approved by th City Director of Parks and Recr ation. Such (X>lici s shall contain no right of subrogation against t he city. 8. Physical Facility and ~ui~nt. The City agrees to provide pac, fixtures, equlpnent, and IJrn~re fot an equipped kitchen, bar, loung r a, grill, from snack bar and t'wO dining/Meting rOOIIS. Conce sionaire agr s not to move xisting partitions or planters parating dining.area and loW'lgo. 2 • I • • • • • 9. Character of Occupan~. Concessionaire agrees that concession a reas shall be used and occupi only as a concession open to the public and shall be operated in a careful, safe, quiet, orderly and bus i nesslike manner. Concessionaire shall keep all concession areas clean and free from waste, rubbish and litter during the period of operation of the concession. Concessionaire shall not use or permit the premises to be used for any purposes prohibited by the laws of the United States, or the State of Colorado, or of the Ordinances of the Cities of Englewood and Sheridan. Concessionaire shall procure at his own cost and expense all necessary state and llllnicipal food, restaurant and beverage tax permits and licenses required for the operation of the concession at Concessionaire's expense. 10. Additional Facilities and fluipment. Concessionaire shall have t.he right to install additional faci ties and equipnent with the consent of the Director of Parks and Recreation. 11. Hours of Operation. Concessionaire shall operate the concession areas seven (7) days a week, during breakfast, lunch and dinner hours, as well as any necessary evening hours for meetings, banquets, etc. 12. ~. Concessionaire agrees to cooperate with Golf Pro to accomoooateliTinTn scheduling golf meetings and events that involve use of the grill and dining rooms . In the event of any disagreement, the matter shall be referred to the Director of Parks and Recreation for final decision. 13. Utilities. The City shall provide all utility costs for operation with the exception of telephone. 14. Personnel. Concessionaire shall provide all employees for operation and shall require all personnel to be clean, polite, and courteous in their transactions with the public. Concessionaire shall give personal supervision and di rection to the operation of the concession and, when absent , keep competent personnel in charge. '!'he City shall not be responsible for the wages or salaries of any employee or representative of Concessionaire, nor for any debts, liabilities or other obligations of Concessionaire. Concessionaire shall maintain adequate Workmen's Compensation Insurance. The City shall have the right to require th discharge of any Concessionaire ~loyee who, in the judgment of the City's Director of Parks and Recreation, is not suitable for the work or does not conduct hims lf in an appropriate manner. 15. Inspection his designated agent premises to examine hours. of Pr i s. '!'he Parks and Recreation Di rector or shall have the right to enter the concession nd inspect the at any time during operating ) • I • • • • - 16 . Maintenance and Repair. Concessionaire shall be responsible for all repair and maintenance of equipment, furniture and appliances located in the concession areas. Concessionaire shall replace any supplies and equipment lost by theft. ·Broken dishware and lost silverware shall be replaced by Concessionaire. All other loss, breakage and damage shall be the responsibility of Concessionaire, whether through insurance or not. 17. C~liance with State and City Health Codes. Concess ionaire shall keep~ concession areas in a clean and sanitary condition at all times and shall comply with all state and city health laws related to the dispensing of food and beverages. 18. Janitorial Services and Trash Removal. Concessionaire is responsible for all janitorial services for all concession areas. Concessionaire is responsible for procuring trash removal service at Concessionaire's expense. 19. As~ning or Subletting Prohibited. Concessionaire shall have no right, au rity or power to sell, mortgage or assign this contract or to allow concessions, or any part thereof, to be used for any other purpose whatsoever without the prior written consent of the Director of Parks and Recreation of the city, it being the purpose and spirit of this contract to grant neither directly nor indirectly to any other person or party. 20 . Term of Agreement. '!Me agnce:c:,t shall be tor otie war rrorn t~ date Conce.s1onai beqina to occupy the concession areas.llW e oate ai* of OCCUP<l0-C¥ wil~ be established by the Direeter ef Parke and ReGreAtion. 'Mlis contraQ& 9eeaaKs aatelNltlcally .eaw.:gutiabla o~ • yearly beaia, at ft. wbicb ti111e it uey be amern,ea by n0tua1 agreement of the City aAd Conc:essioAlire... 'ltie City may terminate this contract upon thirty (30) days' written notice due to breach or violation of any terms, covenants, oe-conditions by Concessionaire. Concessionaire may terminate this COAt.ract upon ninety (90) days' written notice to the City prior to e.xpication of the annual term. 'ltie parties agree that complaints received by the City, regarding food served and operation of the concession, shall constitute a violation of this agreement where such complaints, upon investigation by City, are determined to be justified. 21. Delivers and Removal ur,,n Termination. Concessionaire will deliver the prem ses at the term nation of this agrewnt in as good condition and stat of repair a when rec ived, except for ordinary r nd L ar or loss or damage cu d by an act of God. Upon termination, Concessionaire shall have the right to retn0ve any supplies or personal property belonging to him or installed by him, subject, hcMever, to any valid li nor claim which th City may have for unpaid fe s, provided also, that if said r val cause any damage to th premises, id Cone ssionair will repair the same in a proper and satisfactory mann r this own expens,. 4 .-:----................... _______ ...... • I • • - • • • • 22. Signs. Concessionaire shall erect no advertising signs on the premises except with the written consent of the Director of Parks and Recreation. 23. Assigrvnent of Liquor License. Concessionaire shall not assign any liquor or beer and wine license to any other person or entity without the express written permission of the City. Upon termination of this contract by the City, City may apply to appropriate liquor licensing authority for transfer of Concessionaire's liquor or beer and wine license to the City or its assignee, this Agreement being authority to do so. Upon approval of the transfer of license to the City or its assignee, City shall forthwith pay to Concessionaire the SI.Ill of $5,000 as full payment for transfer of license. IN WITNESS ~EREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. 5 CI'l'l( Of' F.N.LEWXlO, COLORAOO a Municipal Corporation By _____________ _ Andy McCown, City Manager By ____________ _ City Attorney's Office • I • • Jn - • • • - t£M:>RANDlM TO : fN'.ll..i.{X)D cm CDW:IL REG\RDil,l; RECIM£NJY\TICN OF nlE PARKS AND RECREATION CXH1ISSIOO Il!\TE : J\De 16, 1982 SUBJECT : ~ICN TO ACn:PT CDNl'RACl' FOR RESTAURANI' 0N::ESSICN AT ENGU.'\OJD KNICIPAL OOLF CDURSE RECXH£NIY\TICN : Request, by a vote of the Recreatiat Ccmnissi.on merrbers , to accept the contract for restaurant ccncessiat at Englewood ~cipal Golf Course, a copy of which is attached . • I . . n - • • • RESOLUTIOO NO. SERIES OF 1982 .J 1 • • • 7 {) A RESOLUTIOO SUPPORTI!'C INITIATIVE EFFORTS TO REQUIRE RECYCLI!'C OF BEVERAGE CONTAINERS. WHEREAS, recycling of beverage containers 1oK>uld reduce litter; and WHEREAS, recycling 1oK>uld reduce solid waste; and WHEREAS, recycling 1oK>uld reduce consumption and waste of natural resources; and WHEREAS, recycling is necessary for the health, safety and welfare of the citizens of Colorado and of the City of Englewood. NCM, 'lllEREFORE, BE IT RESOLVED BY TliE CITY a:x.JOCIL OF THE CI'l'Y OF ENGLEWOOD, AS FOLUMS: 'Ille City Council of the City of Englewood supports initiative proposal to enact legislation requiring the recycling of beverage containers and urges citizens of Englewood to support the measure. AOOPTED AND APPROVED thisq/.J day of ~ () , 1982. 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.d.2._, Series of 1982 • Gary R. Higbee • I • • - • • • RESOLUTION NO. ~ 1 SERIES OF 1982 • • • A RESOLUTION SUPPORTING INITIATIVE EFr'ORTS TO REQUIRE RECYCLING OF BEVERAGE CONTAINERS . WHEREAS, recycling of beverage containers would reduce litter; and WHEREAS, recycling would reduce solid wa ste; and WHEREAS, recycling would reduce consumption and waste of natural resources; and 1-AiEREAS, recycling is necessary for the health, safety and welfare of the citizens of Colorado and of the City of Englewood. N~, 'IliEREFORE, BE IT RESOLVED BY 'IBE CITY CXXJNCIL OF 'IBE CITY OF F.NGLEWCX>o , AS FOLLCWS: The City Council of the City of Englewood supports initiative proposal to enact legislation requiring the recycling of beverage containers and urges citizens of Englewood to support the measure. AOOPTEO AND APPROVED this t:1/,:vl-aay of~ , 1982. Attest: Eugene L. Otis , Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No.~, Series of 1982 • Gary R. Higbee I • • • • OODINANCE NO • .d_J__ SERIES OF 1982 • • • BY AUTHORI'IY COUNCIL BILL NO. 28 IN'rnOOUCED BY COUNCIL MEJoolBER FITZPATRICK AN OODINANCE APPROVI~ A CXNI'RACT FOR PUlICIPAL SERVICES TO PERMIT CYI'HER GOVERNMENTAL ENI'ITIES TO USE THE EN:,Lo«)()[) ANIMAL SHELTER, WHERF.AS, the City of Englewood maintains an animal shelter; and ' WHEREAS, the City of Englewood has sufficient capacity to avail other governmental entities of the services of the shelter; and WHERF.AS, by contracting with other goverrvnental entities, the cost of operation will be reduced to the citizens of Englewood. NCW, 'fflEREFORE, BE IT Clm\INED BY THE CI'IY COUNCIL OF THE CI'IY OF EN:;U)«)()[), COLORAOO: Section 1. The City Council of the City of Englewood approves the form of contract hereafter appearing and authorizes the Mayor and City Clerk to sign for and on behalf of the City Council of the City of Englewood and authorizes the City of Englewood to enter into said contract with those goverrvnental agencies desirous of using the Animal Shelter facilities of the City of Englewood, Introduced, read in full , and passed on first reading on the 3rd day of May, 1982. Published as a Bill for an Ordinance on the 5th day of May, 1982. Read by title and passed on final reading on thedi-/ ~ day of .,._;}I.A&!:=::::......-, 1982. Attest: title as Ordinance No.~ 1, Series of 1982, on the ..,.....~,4-~~~-' 1982. --- Eug ne L. Otis, Mayor I, G ry R. Higbee, x officio City Clerk-Treasure r of th City of Engl , Colo r do, her by rtify th above is a true, accurate and comple e copy of th Ordinanc pa on final re ding and published by titl Ordinanc ri of 1 82 • • A I • • • • • • ANIMAL SHELTER .AGREflolENT THIS .AGREF.MENT, entered into by and between the CITY OF EN:;LEWOOD, COLORADO, a llllnicipal corporation, hereinafter referred to as "Englewood", and Colorado, hereinafter referred to as •user"; WITNESSETH WHEREAS, the City of Englewood, a nunicipal corporation, operates and mainta i ns an animal shelter and disposal facilities, hereinafter referred t o as "Fa cili ty"; and ~. User desires to participate in the use of said Facility. NCW, THEREFORE, I T IS AGREED by and between the parties hereto as fo llows: I . 1ilat Engl ewood s hall provide 'an animal shelter facility and services incident ther e t o . II. Englewood , a t the Fa cility, shall accept from proper off i cers o r wardens of User dogs or cats de livered t o i t for care. Englewood may r efus e to accept any animal other than a dog o r ca t and may re f use to accept any animal for which it cannot provide proper care . III. 1il hours of operation of the Facility s hall be stablished by Engl in writing for delivery of animals by proper officers or ward ns of User and shall also establish those time s during wh ich the public may claim imals. 1il hours of o r tion shall be subject to chang only with thirty day 'writt n no ice to U r. • I • • • • • • • IV. All animals shall be disposed of by Englewood after the sixth day of confinement at the animal pound or on a date specified upon written notice from User on forms approved by Englewood. Disposal may be through adoption, transfer to a research agency, or cremation. V. Englewood, by City Council Resolution, shall , from time to time, establish a fee schedule for services rendered at the Facility. Services for which fees shall be charged include, but are not limited to, impounanent, boarding, euthanasia, and disposal. The charge for fees may be changed from time to time; however, no change in fees shall be effective until thirty (30) days' written notice is given User. VI. Englewood, upon written authority by User, shall write animal citations for User. If Englewood animal wardens are required to appear in Court for a citation written for User, Englewood shall be reimbursed for actual hours spent in court. The charge for this time shall be based upon ( animal warden's hourly CXJnl)ensation rate, which rate shall include salary, FICA, Workmen's Compensation Insurance, and pension. If the time spent in court results in overtime, the reimbursement shall be on the basis of 1. 5 x hourly compensation rate. User shall be billed for a miniffll.111 of two hours. Charges for time spent in court shall be reflected separately on Englewood's billing to Us r. VII. Engle shall, by the thirtieth day following each nth, provid an ccounting to User. User shall pay those f s established by Council R solu ion to Englewood within fifteen days after date of stat nt. Engl h 11 coll ct for Us r, fe s User impo son rs of the publi c -2- • I • • - • • • • • claiming animals brought in by User and credit User's obligation to Englewood. User shall give Englewood notice in writing of said fees and shall provide Englewood with thirty (30) days' notice in writing before any fee change shall be effective. VIII. The terms and conditions of this agreement shall be in full force and effect until thirty (30) days' written notice is given by either party to the other. After thirty (30) days of giving written notice of termination to the other party, this contract shall be terminated. IN WITNESS~. the parties have hereunto set their hands and seals on the day and year set forth below. CITY OF EN.Ult«X>D, (l)LOOADQ a nunicipal corporation Attest: City Clerk USER: Attest: -3- • I • • • • • M E M O R A N U D M TO: Andy Mccown, City Manager FROM: DATE: Gary R. Higbee, Director of Fina 7ce ,~ 1 -_ June 16, 1982 l e_;,<] z~ ,:, SUBJECT: Animal Pound Listed below are the recommendations for animal pound charges to other governmental jurisdictions. Additional background data are l i sted as exhibits. Animal Days Euthanasia/Cremation Cremat i on $ 3.00 21.00 5.00 Exhibit 3 shows the estimated 1982 expenses for boarding, and euthanasia/cremation . Exh i b i t 4 i l l u st rates the al l ocat i on of re c ommended c harges ba s e d upon the es ti mated Exhibit 3 expense s a t the animal pound for t he an i ma l days, eu t hanasia/cremation, and cremation fees. I n d eterm ining th e e xpe c t e d redu c t i on t o t he budge t , if other j ur isd ic ti o n s did not parti ci pate i n t he anima l shelter, we wou l d e xper i ence s om e r edu c tion in gas, water, c leaning suppl i es, c hem i- cals , and p ro ba bl y mo s t sig ni fi c a ntly an i ma l food. The expe cte d saving would probably be well belo w $5 ,000 with no red uction in manpo wer. Exhibit 1 -1981 Animal Pound Usage by Jurisdiction and Revenue Collected Exhibit 2 -1981 Animal Control Expense Distribution Exhibit 3 -1982 Animal Control Eatieated Expense Distribution Exhibit 4 -Allocation of Cost 1981 Actual/1982 Estimate Exhibit 5 -1981 Actual Cost Allocation by Governmental Juris- diction and 1982 Estimate Coat Allocation by Govern- mental Jurisdiction Exhibit 6 -Current Charges to Other Jurisdictions for Boarding and Disposal Fees Exhibit 7 -Current Charges to Englewood Residents • I • • • Andy Mccown June 15, 1982 Animal Pound Page 2 EXHIBIT 1 1 9 81 Anlmal Pound Engle- Total wood Number of Animals 2,288 951 1001 41. 51 Number of Animals 739 400 1001 541 Usa g e B:r:: Jurisdiction Little-Arapahoe ton Count:r:: Im~unded 359 585 161 25.51 Euthanasia/Cremations 96 163 131 221 Number of Animal Da:r::s 14,612 8,560 1,658 2,850 1001 591 111 101 Revenue Collection $24,313 $6,685* $5,769 $7,775 27 1 241 321 • • • and Revenue Collected Green- Cherry wood Sheridan Hills Village 191 158 44 81 71 21 51 21 8 71 31 11 912 443 189 61 31 11 $2,470 $1,142 $472 101 51 21 *Lower as Englewood does not get reimbursement for disposal or maintenance for dogs disposed of. EXHIBIT 2 1981 AnI11al Control Expense Distribution Euthanas la/ Enforce- Boarding Cremation 11ent Personal Services $ 21,828 $ 5,457 $51,356.80 Supplies 5,108 6,358.76 Utilities and Other Services 2tl04 5 1 309 6t795.37* 29 ,040 10,766 64t510.95 Depree lat 1 on 2,525 446 Admin. Fee (101) 2t904 lt077 $ 34 t 469 $ 12,289 *Enforcement Charges Not Distributed to Other Jurisdictions • I • • • Andy Mccown June 15, 1982 Animal Pound Page 3 EXHIBIT 3 • • • 1982 Animal Control Estiaated Expense Distribution Euthanasia/ Boarding Cremation Personal Services $ 24,007 $ 6,002 Supplies 4,127 Utilities and Other Services 3i010 1i040 31,144 13,042 Depreciation 2,525 446 Admin. Fee (101) 3£ 114 li304 $ 3li /78 3 $ 14 i 792 Enforce- 11ent $56,166.00 7,673.00 9i775.00 73i614.00* *Enforcement Charges Not Distributed to Other Jurisdictions EXHIBIT 4 Allocation of Cost 1981 Actual/1982 Estimate Animal Days Euthanasia/ Cremation Cremation Actual 1981 34i469 • 2.36 14,lil2 12i289 • 16.63 739 Est. 1982 36i183 • 2.52 14,lil2 14i792 • 20.00• 739 Recommended 3.00 21.00 5,00 *Includes euthanasia and cremation. Information not kept on separation of cremation versus disposal. Distribution of Euthanasia/Disposal based on I. • I • • • • Andy Mccown June 15, 1982 Animal Pound Page 4 EXHIBIT 5 • • • 1981 Actual Cost Allocated B~ Governmental Jurisdiction and 1982 Estimated Cost Allocated B~ Governmental Jurisdiction Green Engle-Little-Arapahoe Cherry wood wood ton Count~ Sheridan Hills Village Total Impounded 19,405 7,481 ll,923 3,741 3,273 935 Disposed 25,249 6,078 10,287 3,273 1,403 468 Animal Days 27,587 5,143 9,352 2,805 1,403 468 1981 Average 24,080 6,234 10,521 3,273 2,026 624 46,758 1982 (10.31 Inc) 26,561 6,876 11,605 3,610 2,235 689 51,576 EXHIBIT 6 Current Charges to Other Jurisdictions for Boarding and Disposal Fees Arapahoe Littleton Count~ Boarding 2.24 1.85 Euthanas la/ Cherry Sheridan Hills 1.85 1.85 Green wood Village 1.85 15.35 Please note Littleton's fees were aaended in 1981. All other fees were initiated in 1979. Cremation 21.41 15.35 15.35 15.35 EXHIBIT 7 Current Charges to Englewood Residents Boarding Euthanasia/Cremation Cremation Only Iapoundaent /jlw S 2.00 12.50 5.00 12.00 • I • • • • • • 1a- M E M O R A N D U M TO: FROM: DATE: SUBJECT: Andy Mccown, City Manager Robert R. Holmes, Chief of Police May 17, 1982 ANIMAL SHELTER Several years ago, a citizen animal control co111111ittee was commissioned by the city council to study the animal control problems throughout the city. After several months of study, the coaaittee made several reco11111endations, including a recommendation to expand the animal shelter facility. At the time of the report, cats were not kept on a regular basis at the shelter, and it was felt by the committee that, with the additional control over cats provided in their proposed ordinance change, additional room would be needed for that purpose. Other considerations included the following: 1. The 32 dog runs were constantly full and overcrowded. 2. The system design for cleaning the runs was inadequate and did not allow for proper drainage of the animal waste. 3. Due to the configuration of rooms, citizens had to walk past the high altitude euthanasia chamber in order to view the animals in the runs. It was felt by the COlllllittee that this created a negative psychological impact on some citizens. 4. The heating and air conditioning system was inadequate. An architec t was employed to draw up plans and cost estimates for expanding and improving the facility. The initial design included e xpansion f rom 32 to 58 dog runs and a cat pound facility, but did not address the drainage problem in 16 of the pres nt runs. The e s t im t ed cost was $110,000 . I • • • • • - -2- The animal control committee recommended that this expansion cost be shared by other entities contracting for pound services with the City of Englewood. However, no commitment or acknowledgement of responsibility from other agencies was ever established. It was my opinion at the time that the expansion expenditure was not necessary. We had not had any experience upon which to judge the amount of space that would be required for impounding cats, and the expansion of the dog runs by 16 would only serve to prolong the inevitability of destroying animals anyway. Therefore, we began to approach the problem through requiring better adherence to our shelter management policy of destroying the unclaimed animals on a more timely basis. Since expansion money had not yet been appropriated, we continued to improve shelter usage through better management and took a wait-and-see posture before committing to expansion. By 1979, $33,000 was set aside in the PIF budget to expand the pound in 1981. The $33,000 represented what would have been Englewood's share of the $110,000. By 1981, there was still no commitment from other agencies for their share, and no decision to expand had been made. The $33,000 remains in the PIF 6-quarter budget. Recommendation After several years of experience with the existing ordinance and providing the present, satisfactory level of service to other agencies, we find that the existing animal facility is basically functional though several repairs are needed. The estimated cost of rebuilding and expanding the shelter of $110,000 in 1979 would now be closer to $150,000 due to inflation, and would still not address immediate needs of repair of drainage and other equipnent in the existing facility. Therefore, I am recommending that the shelter facility not be expanded and that the $33,000 be immediately applied to repair of the following: l . The existing pathological incineration system is faulty to a d ngerous level and requires immediate repair, Estimates for r eplacement are in excess of $40,000, but a complete evaluation o f the system by Environmental Enterprises Inc. reveals that the s y stem can be adequat ly repaired for $8,185. (Estimate attached). 2. A total appraisal and coat estimate of r pairing th dr inage system h s not been conducted. However, it is felt that the cost should n ot xc d $20,000. 3 . It i s felt that some improv ... nt of the drainage ayat-. can be accomplished immediately at minimal expense by increasing the s i z of the main water line to the building, Thia would allow f or gre ter water pressure to flush the system and the work c ou l d be done by the city water departa nt, A comaercial grind r pump was purchased four y ars ago to be installed bet n the a h l t er building and th a_,,.r lin, but was n v r installed. If i nstall d, this should further nhance th drain capability I • - • • • • • -3- of the existing system and can also be completed by city crews. 4 . Some work was done this winter on the heating system, and it should now be adequate. The balance of $5,000 should be used for air conditioning improvement and the building of storage racks for cat cages. We do not anticipate that the projected use of the animal shelter will increase substantially in the foreseeable future, and feel that proper maintenance and repair of the existing facility is far more fiscally responsible than a major expansion project at this time. • , I • • • I I I • • • ENVIRONMEHTAL ENTERPAISES I -1.GN Aw. NC.-.--~,-,--- May 10, 1982 ! 11 j '; ; i • ' ' !I City ;o f ·~nglewood 1 13400 ;South Elati '1 I Englewo;o d , Colorado I I A«\ ,"'" >on Fi•h•, I' !Dea r :M~.: Fi\sher, ,, I I !with thi• letter 11 ex is ting pathological 80110 Re: Aniaal shelter incinerator 11·i::~--~=--=-:·~----~.:. ll ! we are incloaing a ptopoasl to upgrade you r incin.eration 11:,ate•· 1 ! I 111 A. Con t rol• ~'l:o -1neure a aafe atartup, ellainating po eaib l e I b u i ld-up·-o'f" natural a•• into the unit prio r to ign i tion , , I th ere is a tiaa dalay between each burner ignition . Al s o : 'I in cluded a1re pr 1 iaar:, and eecondary:.-t!ais,erature -~co n tr ola • ·1 1· ....:..:. ll New ~urnar~ ar ~ equiped with high-low •-ktinga. Auxilary coa bu~t i o ~ air ~lover vill j ba pro•id•dtfbr th e eco nd ar y I I _chnber. ii I ;.--:s.))l~I l ·IL --·--1. 1 1 B . / RefractorJ' re paflt .:.· ;,~:: •. , 1i/.1ted baa a ! ~ot to b e a c oaple ~I / relini n g o f the uni t . P~1 ary cha•b•r ~, pat e ~ wa ll• a nd c a p I \ hearth vit,h 340'0°\caatabl•I ;ainiaua of~~i" thic knes s. I s ,e c·11' ·,ondary ch aabe r , patch.:a, v1111 •• it r· -~::caa.•,1.1,1e . '-,-' . . -. 'I -·~t,--1··, l 11". · . f incerely , ·--_ __ . -·· -· ~ ~·~y~~m '._J•_c ... _ ~,~------~-·""'.~-~ {~~--1 -·---· .. , •• _J l._,=-;]t:~=LJil]II~-;~1 . ,rr: .: ·:::-·· .. -. -. :.J.j rJ·--· . --==-::--: .. ·-·--.. ,-.if ,. 1.b:.:.:-· -~-:_-:-.:_ .. _·_--, .... ~;.-_____ ..: . -·· .. -·...:. -· -":"1 ' ... :, • I • • • • • ENVIRONMENTAL ENTERPRISES I $43,II, .:srd A ... NC.-.--""'IIMIIM·- May 10, 1982 i i ; l · i i TO: .. City of Englewood ,1 3400 South Elati U Englewood, Colorado 80110 j Attn Mr. Ron Fisher !Ge ntlemen: , QUOTATION NO: 2156 PROJECT NO: 82-11-5 I ' I I•' i I '· ! I r --. -··· 1 Environmental Enterprises, Inc. proposes to r reprlr ·one (1) Ii I Pathological incineration syate•, with the,listed equip•ent I\ as described below, s ubje ct to the general conditions attached , t ! , 1hereto, for the au• of EIGHT THOUSAND ONE HUNDRED EIGHTY FIVE ! I j i AND 00/100 DOLLARS ($8.18S.OO). I' I j l I • t I I I ! STA:.CE. LOCAL ANO FEDERAL TAXES EXCLUDED. I '. ! I ·:· -rll 1 :.-,, .. l ! ! i I NCLUSION~ -CONTROL~: I l -Control ~anel l :::::o:r~:::s . ((-~,~ i I' Clean burners \\ ) ) I 1 • i ' ( ' Gas trains (high .. lov)· I• I . ·-,.,..... . Ther•oc ouple virl"'"""'1.J I i I INCLUSIONS -REFRACTOlY I I - IV - V - VI · 1 . ---·-. . ... i 1·1 I [:JJ r1 l i I I ll -~--_-:)( ( ! ,: : ~::,:·::l::.-' k,~,~3 -~~---,~--j.1 III -La;bor I 1 '· l}-''jij·,--~ ~ .. j-,·,.:J:~ I _;~ ~:;:7: "bf--~~-'-":1•:.:., ••• ,,±,_H•Yft~~l~;!-~~:b ___ 1 'i c· ----:..J=r -==----..:.:..;·. · --------·· ..... ~lr '.:._:. .• : •.. ,.·. ···-;. ·:·. ···.::.. . .:-<::::·:.··-.::-·--·::.-..;.. -.:.··, ., -1- cont.,. I • • - • • • • Ci ty of Engle wood -2-5/1 0/82 TE RMS: Net cash 30 d /S from da te of invo ice . I n c asP. payment is not made as agreed, the buye r agree ~ t o pa y i n t P.rest on deffered pay•ents from the timP. t hev are due at the r a t e of 1 8% per annum. And if t~is c on tract i• plac•d in the hands of an attorney for col l ection, or if c ollect ed hy sui t, ch e buy er agrees to pay 30 Z of total contract price for atto rney and court costs. All payments und e r the terms he r eof a re due an d payRble in legRl tender of the United St a t es at o ur home office in Colorado. Thts p roposal is made for acceptance by you in wr iting wi th in JO da y s from this date, and shall become a CQntract on l y up on .app roval at our home office in Colorado, whereu p on an execu ccd !cou nterpart of this proposal or le tter confirm i ng approval will :be deliver ed to you, REM ARKS: I' APPROVED AND '.! ,. I ' I ,, I I Respectfully s~bmitted, ENV !ORNMENTAL ENTERPRISES, ~6 I ~ :. --, ··1·\1:\1 I , ,.., '\'· . I 1·~(/ -.: )1 I ; ',. : ,· I I l '' ·: ! !1 I • 1. ~.:i-·" ~. i I ' 1 !I I \ ,: ; I i i: , : I I ( 1ccEPJ~o ~;:>::) · \ \ I I I l ,J . ,-1 I DATE: I I 8 y , --....,..--------, ·\.""l _; ____ ; ~ ~. \ i ~:..... _____ _.. __ .:.:.:....:..=:..;...""7'.-••• !I , .. INC. • • J -HUT ,,,_ C MATOflY • • I i I I; ' ·' '' , , .. ,• \ ·-··' I • • !I ORDINANCE NO. SERIES OF 1982 • • • BY AUTHORITY A BILL COUNCIL BILL NO, .J.l_.l INTRODUCED~ COUNCIL MEMBE~l.a:lj FOR AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1982 CU. S. INDUSTRIES, INC, PROJECT) IN THE AGGREX.ATE PRINCIPAL AK:>UNT OF $2,200,000 TO FINANCE A PROJECT FOR U. S. INDUSTRIES, INC.; RATIFYING CERTAIN ACTION HERETOFORE TAKEN; AUTHORIZ- ING THE EXECUTION AND DELIVERY BY THE CITY OF A FINANCING AGREEMENT, AN INDENTURE OF TRUST, SUCH BONDS AND CLOSING DOCUMENTS IN CONNECTION THEREWITH; MAKING DETERMINATIONS AS TO THE SUFFICIENCY OF REVENUES AND AS TO OTHER MATTERS RELATED TO THE PROJECT; AND REPEALING ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH. ··-9 WHEREAS, the City of F.nglewood, Colorado (the •city•), is a legally and regularly created, established, organized and existing political subdivision under the Constitution and laws of the State of Colorado and the Home Rule Charter of the City; and WHEREAS, the Colorado County and Municipality Developnent Revenue Bond Act, constituting Sections 29-3-101 through 29-3-123, inclusive, Colorado Revised Statutes 1973, as amended (the •Act•), authorizes cities to finance one or more projects to pranote industry and develop trade or other economic activity by inducing profit or nonprofit corporations and manufacturing, industrial, conmercial or business enterprises to locate, expand or remain in the State of Colorado, to mitigate the serious threat of extensive unemployment in parts of the State of Colorado, to s cure and maintain a balanced and stable economy in all parts of the State of Colorado or to further the use of its agricultural products or natural resources; and -1- I • • • • • WHEREAS, such cities are further a u t h or i zed by the Act to issue revenue bonds for the purpose of defraying the cost of financ- ing any project including all incidental expenses i ncur r e d i n issuing such bonds, and to secure payment of such bonds a s provided in the Act; and WHEREAS, u. s. Industries, Inc., a Delaware corporation <the "Company"), has presented to the City a proposal whereby the City will, pursuant to the Act, finance a portion of the cost of acquiring certain equipment (the •project•), to be installed in an existing building leased by the Company, the whole to be operated by the Company as a manufacturing facility, located within the City, which Project qualifies as a •project• within the meaning of the Act; and WHEREAS, Industrial Development Revenue Bonds, Series 1982 CU. s. Industries, Inc. Project) in the aggregate principal amount of $2,200,000 <the •Bonds") will be issued, sold and delivered by the City to First Union National Bank, of Charlotte, North Carolina, (the •original Purchaser•) to pay a portion of the cost of financing the Project including certain incidental costs incurred in connection with the issuance of the Bonds; and WHEREAS, on August 18, 1980, the City Council adopted a resol u t i on expres sing wil l i ngness to i ssue the Bonds to finance the Pr oject; and WHERE AS, the Compa ny will e n ter i nt o a Financing Agreem ent dated as of June 1 , 1982 (the ·Financing Agreement ") with the City providing for payments sufficient to pay the principal of, premium , if any, and interest on the Bonds and to meet other obligations as herein and therein provided; and WHEREAS , the City will enter into an Indenture of Trust dated as of Ju n e 1 , 19 8 2 <the •indenture") with First Union National Bank , as trustee (the •Trustee"> pursuant to which the City will assign to th Trustee for the benefit of the holders of the Bon ds all -2- • I • • • • • of its right, title and interest (with certain exceptions) in the Financing Agreement to secure payment of the Bonds; and WHEREAS, there have been presented to the City Council Cil the proposed form of the Financing Agreement and Ciil the pro- posed form of the Indenture. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. All action (not inconsistent with the provi- sions of this ordinance) heretofore taken by the City Council and the officers of the City directed toward the financing of the Project and the issuance and sale of the Bonds therefor be, and the same is hereby, ratified, approved and confirmed. Section 2. The City shall finance a portion of the cost of t he Pro j ect, including the costs incidental to the authorization, issuance and sale of the Bonds , by loaning the proceeds of the Bonds to the Company in accordance with the provisions of the Financing Agreement for the purposes described above. Secti on 3. To defray a portion of the cost of financing the Pro j ect including the costs i ncidental to the authorization, is suance and sale of the Bonds, there i s hereby authorized and cre- ated an issue of industrial development revenue bonds designated •ci t y of Englewood, Colorado, Industrial Developnent Revenue Bonds, Se r ies 1982 CU . s. I ndustries , Inc. Proj ect)• in the a ggregate pri n- cipal amo un t of $2,200,000, issuable a s fully register ed bonds with- out coupons. The Bonds shall be dated their date of issue , except as otherwise provided in the Indenture. Until the Conversion Date (as herein defined), if any, the Bonds shall bear interest at the rate of 651 of the rate of interest per annum announced by First Union Nationa l Bank from time to time as its prime rate Cthe •prime Rate•) payable quarterly on the first day of each March, June, September and December (•Interest Payment Date•) -3- I • • r • • • commencing September l, 1982, plus 1.5% per annum interest for the first 90 days, payable on the date of delivery thereof. Any change in such Prime Rate shall be effective on the day so announced. The interest rate on the Bonds may be converted to a Fixed Rate (hereinafter defined) with such interest payable quarterly on each Interest Payment Date following the date of conversion to the Fixed Rate Cthe NConversion DateN). Such conversion shall be made at the option of the Company, after the Company shall have provided the reg- istered holders of Bonds with written notice of the intent to convert to the Fixed Rate at least thirty (30) days prior to the Conversion Date. Such notice shall also specify the Conversion Date. The Fixed Rate, upon the direction of the Company, shall be either Cal that rate determined by the following procedure: CI) the Canpany shall deliver to the Trustee a letter from each of Goldman, Sachs & Co. and Lazard Freres & Co. and in the event of the unavailability or unwill- ingness to act of either of them, from a substitute dealer in munici- pal securities of recognized standing, in each case stating such dealer's then current quotation of the then current yield to maturi- ty, stated as an interest rate, for industrial development revenue bonds having a term approximately equal to the then remaining term of the Bonds, having comparable redemption and default provisions to those applicable to the Bonds, and secured by a financing agreement (such as the Financing Agreement) with a corporation whose unsecured long-term debt instruments have been assigned a credit rating by Moody's Investor Service, Inc. (NMoody 1 s•> or Standard and Poor's Corporation c•s,p•) or Fitch Investors Service, Inc. <·Fitch•) and in the event of the unavailability of any such ca11parable credit rating by any of Moody's, S&P, or Fitch a credit rating by a rating a ncy of recognized standing which is identical to the credit rating then applicable to th Company's un cured long-term debt instruments, and CII) the Trustee shall calculat the average of such yield quota- tions; or Cb) that rate a cified in n ordinance dopted by the City Council. -4- I • • • • • Overdue payments of principal of and interest on the Bonds shall, to the extent permitted by law, bear interest from the date due until payment in full at the rate which, during the period when the interest rate on the Bonds is not the Fixed Rate, is one percen- tage point above the Prime Rate, and during the period when the interest rate on the Bonds is the Fixed Rate, is one percentage above the Fixed Rate. All interest shall be calculated on the of a 360-day year with twelve thirty day months. In no event the interest on the Bonds ever exceed the rate of 40\ per annum. point basis shall The Bonds shall mature on June 1, 2002, subject to redemption as provided in the Indenture, shall be payable as provided in the Indenture, and shall be in substantially the form as set forth in the Indenture. The Bonds shall be sold to the Original Purchaser at a private sale at a purchase price equal to 100\ of the principal amount o f t h e Bonds. The maximum net effective i nterest rate payable on the Bonds i s 40\ per annum, which rate is hereby determined to be the maximum net effective interest rate on the Bonds. Section 4. The following determinations and findings are hereby made in accordance with Sections 29-3-113, 29-3-114 and 29-3-120 of the Act: Cal The maximum amount ne c ess a r y i n each year to pay the principal of and the interes t on t he Bonds is a s f o l lows: Annual Period Principal to Annual Debt to and Interest for be Retired in Service IocJn d i ng J un e 1 sncb Peri od s ucb Period Reg ni c ement 1983 $730,889* $-0-$ 730,889 1984 880,000 -o-880,000 1985 880 ,000 -o-880,000 19 8 6 880 ,0 0 0 -0-880,000 1987 8 80,000 -o-880,000 1988 8 80 ,000 -o-880 ,000 1989 8 80,000 -o-8 80,000 1990 880,000 -0-880,000 -s- • I • • • • • • Annual Period Principal to Annual Debt to and Interest for be Retired in Service Including June 1 such Period Sych Period BeQui cement 1991 880,000 -0-880,000 1992 880,000 -0-880,000 1993 880,000 -0-880,000 1994 880,000 -o-880 ,ooo 1995 880,000 -0-880,000 1996 880,000 -0-880,000 1997 880,000 -o-880,000 1998 880,000 440,000 1,320,000 1999 704,000 440,000 1,144,000 2000 528,000 440,000 968,000 2001 352,000 440 ,000 792,000 2002 176,000 440,000 616,000 *Interest for this period is calculated on the assumption that the Bonds are issued August 6, 1982 ; the i nterest payable in the period would be different if the Bonds were is sued before or after such date. Cb) No reserve fund has been established nor is proposed to be established for the retirement of the Bonds or the maintenance of the Project and accordingly it will not be necessary to pay amounts into any such reserve fund. Cc> The terms under which the Project is to be financed provide that the Compa ny shall maintain the Project and carry all proper insura nce with respect thereto. Cd) The revenues payable under the Financing Agreement are sufficient to pay, in addition to all other requirements of the Financing Agreement and this ordinance, all sums referred to in paragraphs Ca) and (c) of this Section. Ce) The revenues payable under the Financing Agreement are sufficient to pay, in addition to all other -6- I • • • • • requirements of the Financing Agreement and this ordinance, all taxes payable pursuant to Section 29-3-120 of the Act. Section 5. The forms, terms and provisions of the Financing Agreement and the Indenture, be and they hereby are approved and the City shall enter into the Financing Agreement and the Indenture in the forms of each of such documents presented to the City Council at this meeting, with only such changes therein, if any, as are not inconsistent herewith; and the Mayor is hereby authorized and directed to execute and deliver each such document and the City Clerk is hereby authorized and directed to affix the City seal to and to attest each such document. Section 6. The forms, terms and provisions of the Bonds, in the forms contained in the Indenture, be and they hereby are approved, with only such changes therein, if any, as are not incon- sistent herewith; and the Mayor is hereby authorized and directed to execute the Bonds and the City Clerk is hereby authorized and directed to affix the seal of the City to the Bonds and to attest the Bonds. Section 7. The Mayor is hereby authorized to execute and deliver to the Trustee the request and authorization of the City for the authentication and delivery of the Bonds by the Trustee, in accordance with Section 2.07 of the Indenture. Section 8. First Union National Bank is hereby appointed as Trustee under the Indenture, thereby also serving as registrar and paying agent under the terms of the Indenture. Section 9. The officers of the City shall take all action in conformity with the Act necessary or reasonably required to effec- tuate the issuance of th Bonds and shall take all action necessary or desirable in conformity with the Act to finance a portion of the cost of the Project and for carrying out, giving effect to nd consummating the transactions contemplated by this ordinance, th Financing Agreem nt nd th Indenture, including without limitation -7- 0 I • • • • • • the execution and delivery of any documents necessary to elect to have Section l03(b) (6) CD) of the Internal Revenue Code of 1954, as amended, apply to the Bonds and of any closing documents to be deliv- ered in connection with the sale and delivery of the Bonds. Section 10. The cost of financing a portion of the cost of the Project, including the costs incidental to the authorization, issuance and sale of the Bonds, will be paid out of the proceeds of the Bonds and none of the Bonds will be the general obligation of the City, nor shall any of the Bonds, including interest thereon, consti- tute the debt or indebtedness of the City within the meaning of the Constitution or statutes of the State of Colorado or the Home Rule Charter of the City nor shall anything contained in this ordinance or in the Bonds, the Financing Agreement, the Indenture or any other ins trument give rise to a pecuniary liab ility or a charge upon the ge neral credit or taxing powers of the City, nor shall the breach of any agreement contained in this ord inance, the Bonds, the Financing Agreement, the Indenture or any other instrument impose any pecuniary liability upon the City or a charge upon the general credit or taxing powers of the City, the City having no power to pay out of i ts gen- eral funds, or otherwise contribute any part of the cost of financing the Project, nor power to operate the Project as a business or in any manner, nor shall the City condemn any land or other property for the Project nor contribute any land or other property to the Project. Section 11. After any of the Bonds are issued, this ordi- nance shall be and remain irrepealable until the Bonds and the inter- est thereon shall have been fully paid, canceled and discharged. Section 12. If any section, paragraph, clause or provision of this ordinance shall for any reason be held to be invalid or unen- forceable, the invalidity or unenforceability of such section, para- graph, clause or provision shall not affect any of the remaining pro- visions of this ordinance. -8- • 0 I • • - • • • • Section 13. All bylaws, orders and ordinances, or parts thereof, of the City, inconsistent herewith and with the documents hereby approved, are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed as reviving any bylaw, order or ordinance, or part thereof. Section 14. This ordinance, immediately on its final pas- sage and adoption, shall be numbered and recorded in the official records of the City kept for that purpose, authenticated by the sig- natures of the Mayor and City Clerk, and published by reference in the Englewood Sentinel, a newspaper published and of general circula- tion in the City. Section 15. This ordinance shall be in full force and effect thirty days after publication following final passage. -9- • 0 I • • • • • INTRODUCED, READ IN FULL, AND PASSED ON FIRST READING ON THE 21ST ·DAY OF JUNE, 1982. Published as a Bill for an Ordinance on the 23rd day of June, 1982. (SEAL) Attest: Ex officio City Clerk- Treasurer Eugene L. Otis Mayor I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and fore- going is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 21st day of June, 1982. (SEAL) Attest: Gary R. Higbee Publish ed in the Englewood Sentinel. First p u blication June 23 , 1 98 2 . -10- 0 I • • In • ORDINANCE NO. SERIES OF 1982 • • • BY AUTHORITY COUNCIL BILL NO. lL l INTRODUCED BY COUNCIL MEMBER A BILL FOR AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS , SERIES 1982 (U. S. INDUSTRIES, INC . PROJECT) IN THE AGGREGATE PRINCIPAL Al'OUNT OF s2,200,ooo TO FINANCE A PROJECT FOR u. s. INDUSTRIES, INC .; RATIFYING CERTAIN ACTION HERE'IOFORE TAKEN; AUTHORIZ- ING THE EXECUTION AND DELIVERY BY THE CITY OF A li'INANCING AGREEMENT, AN INDENTURE OF TRUST , SUCH BONDS AND CLOSI NG DOCUMENTS IN CONNECTION THERElH':m; MAKING DETERMINATIONS AS TO THE SUFFICIENCY OF REVENUES AND AS TO OTHER MATTERS RELATED TO THE PROJECT; AND REPEALING ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH. WHEREAS, the City of Englewood, Colorado (the "City"), is a leg ally and regularly created, established , organized and existing political subdivision under the Constitution and laws of the State of Colorado and the Hom e Rule Charter of the City; and WHEREAS, the Colorado County and Municipality Develoi;xne nt Revenue Bond Act, constituting Sections 29-3-101 through 29-3-123 , inclusive , Color ado Revised Statutes 1973 , as amended (th e "Act"), authorizes cities to finance one or more projects to promote industry and develop trade or other economic activity by inducing profit or nonprofit corporations and manufacturing , industrial, commercial or business enterprises to locate, expand or remain in the State of Colorado, to mitigate the serious threat of extensive unemployment in parts of the State of Colorado , to secure and maintain a balanced anu stable economy in all parts of the State of Colorado or to further the use of its agricultural products or natural resources; and 0 I • • • • • WHEREAS, such cities are further authorized by the Act to issue revenue bonds for the purpose of defraying the cost of f inanc- ing any project including all incidental expenses incurred in issuing such bonds, and to secure payment of such bonds as proviaed in the Act; and WHEREAS, U. S. Industries, Inc., a Delaware corporation (the "Company"), has presented to the City a proposal wher eby th e City will, pursuant to the Act, finance a portion of the cost of acquiring certain equipment (the "Project"), to be installed in an existing building leased by the Company, the whole to be operated by the Company as a manufacturing facility, located within the City, which Project qualifies as a "pro ject" within the meaning o f the Act; and WHEREAS, Industrial Devel opme nt Revenue Bonds, Ser ies 1982 (U. S. Industries, Inc. Project) in the aggregate principal amount of $2,200,000 (the "Bonds") will be issued , sold and delivered by the City to First Union National Bank, of Charlotte, North Carolina, (the "Ori ginal Purchaser") to pay a portion of the cost of finan-;ing the Project including certain incidental costs incurred in connection with the issuance of the Bonds; and WHEREAS, on August 18, 1980, the City Council adopted a resolution expressing willingness to issue the Bonds to finance the Project; and WHEREAS, the Company will enter into a Financing Agreement dated as of June 1, 1982 (the "Financing Agreement"> with the City providing for payments sufficient to pay the principal of, premium, if any, and interest on the Bonds nd to meet other obl1gat1ons as herein and therein provided; and WHEREAS , the City will enter into an Indenture of Trust dated as of June 1, 1982 (the "Indenture") with First Union National Bank , as trustee (the "Trustee") pursuant to which the City will assign to the Trustee for the benefit of the holders of the Bonds all -2- • I • • n • • • of its right, title and interest (with certain exceptions} in the Financing Agreement to secure payment of the Bonds; and WHEREAS, there have been presented to the City Council Ci} the proposed form of the Financing Agreement and (ii} the pro- posed form of the Indenture. NOW, THERi:FORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. All action (not inconsistent with the provi- sions of this ordinance) heretofore taken by the City Council and the officers of the City directed toward the financing of the Project and the issuance and sale of the Bonds therefor be, and the same is hereby, ratified, approved and confirmed. Section 2. The City shall finance a portion of the cost of the Project, including the costs incidental to the authorization, issuance and sale of the Bonds, by loaning the proceeds of the Bond s to the Company in accordance with the provisions of the Financing Agreement for the purposes described above. Section 3. To defray a portion of the cost of financing the Project including the costs incidental to the authorization, issuance and sale of the Bonds, there is hereby authorized and cre- ated an issue of industrial development revenue bonds designated wcity of Englewood, Colorado, Industrial Development Revenue Bonds, Series 1982 CU. S. Industries, Inc. Project)" in the aggregate prin- cipal amount of S2,200,000, issuable as fully registered bonds with- out coupons . The Donds sh 11 cl.lted their date oi i s5 uc, ex~epL as otherwise provid din the Indenture . Until the Conv rsion D te (as herein defined), if any , the Bonds shall bear interest at the rate of 65% of the rate of interest per annum announced by First Union National Bank from time to time s its prime rate (the "Prime Rate"> payable quarterly on the first day of each March, June, September nd December ("Interest Payment Date") -3- I • • • • • • commencing September 1, 1982, plus 1.5% per annum interest for the first 90 days, payable on the date of delivery thereof. Any change in such Prime Rate shall be effective on the day so announced. The interest rate on the Bonds may be converted to a Fix ed Rate (hereinafter defined) with such interest payable quarterly on each Interest Payment Date following the date of conversion to th e Fixed Rate (the "Conversion Date"). Such conversion shall be made1,.at the optionAof the Company, after the Company shall have provided the reg- istered holders of Bonds with written notice of the intent to co nv e rt to the Fixed Rate at least thirty (30) days prior to the Conversion Date. Such notice shall also specify the Conversion Date. The Fixed Rate, upon the direction of the Company, shall be either Ca) that rate determined by the following procedure: CI) the Company shall deliver to the Trustee a letter from each of Goldman, Sachs & Co. and --------------------------------------Lazard Freres & Co. and in the event of the unavailability or unwill- ingness to act of either of them, from a substitute dealer in-inunici- pal securities of recognized standing, in each case stating such ------------------------------------·----dealer's then current quotation of the then current yield to maturi- ty, stated as an interest rat e , for indu st ri al development revenue ------···--· ---. ----·· ---· ---·-- bonds having a term approximately equal to the then remaining term of the Bonds, having comparable redemption ancf -defaul-Cprovisio"ns to ---------------------... . .. --··--· those _~PP~!:_Cab~~-~o _th~ Bonds, and secured by a financi;g ag;eement (such as the Financing Agreement) w·ith·-; -c~r~a:tion-whose un-secured .... ·-·. --·-·----- lon ~-ter~~ebt instruments have been_ as signed __ a credit rating by Moody's Investor Service, Inc. ("Moody's") or Standard-a-;:;-d Poor's Corporation C"S&P ") or Fitch Investors Service, Inc . ("Fitch") and in the ;vent -of· the-~~a~ailabflity-of -a-ny -such-·compa r a-ble crecl1£rating by any of Moody's , S&P, or Fitch a credit rating by a rating agency -----------. of recognized standing which is identical to the credit rating then applicable to -the Company's unsecured long-term debt instruments, -and CII>° th e Trustee shall calculate th e average of such yiefd-quota- tion s ;-or· Cb) .that rate ·spedfied in an ordinance adopted by "tiie ·city Council . -4- • --------~~-n I • • • • • • • Overdue payments of principal of and interest on the Bonds shall, to the extent permitted by law, bear interest from the date due until payment in full at the rate which, during the period when the interest rate on the Bonds is not the Fixed Rate, is one percen- tage point above the Prime Rate, and during the period when the interest rate on the Bonds is the Fixed Rate, is one percentage point above the Fixed Rate. All interest shall be calculated on the basis of/\a 360-day year with twelve thirty day months. In no event shall the interest on the Bonds ever exceed the rate of 40% per annum. Th e Bonds shall mature on June 1, 2002, subject to redemption as provided in the Indenture, shall be payable as provided in the Indenture, and shall be in substantially the form as set forth in the Indenture. The Bonds shall be sold to the Original Purchaser at a private sale at a purchase price equal to 100% of the principal amount of the Bonds. The maximum net effective interest rate payable on the Bonds is 40% per annum, which rate is hereby determined to be the maximum net effective interest rate on the Bonds. Section 4. The following determinations and findings are hereby mad in accordance with Sections 29-3-113, 29-3-114 and 29-3-120 of the Act: Ca> The maximum amount necessary in each year to pay the principal of and the interest on the Bonds is as follows: Annual Period Principal to Annual Debt to and Interest for be Retired in Service Including June 1 Such Petiod such Period Res;uii cement 1983 $730,1382* -$-0-$ 730,8!l2 1984 880,000 -0-880,000 1985 880,000 -0-880,000 1986 880,000 -0-880,000 1987 880,000 -0-880,000 1988 880,000 -o-880,000 1989 880,000 -0-880,000 1990 880,000 -0-880,000 -s- • I • • p- • • Annual Period to and Including June 1 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 Interest for Such Period 880,000 880,000 880,000 880,000 880,000 880,000 880,000 880,000 704,000 528,000 352,000 176,000 • • • Principal to be Retired in Such Period -0- -0- -0- -o- -0- -0- -o- 440,000 440,000 440,000 440,000 440,000 Annual Debt Service Rec,;iuirement 8 8 0,000 880,000 880,000 880,000 880,000 880,000 8 8 0,000 1,320,000 1,144,000 968,000 792,000 616,000 *Interest for this period is calculated on the assumption that the Bonds are issued August 6, 1982; the interest payable in the period would be different if the Bonds were issued before or after such date. (bl No reserve fund has been established nor is proposed to be established for the retirement of the Bonas or the maintenance of the Project and accordingly it will not be necessary to pay amounts into any such reserve fund. Cc) The terms under which the ProJect is to be financed provide that the Company shall maintain the Project and carry all proper insurance with respect thereto. (dl The revenues payable under the Financing Agreement arc sufficient to pay, in addition to all other requirement5 of the Financing Agreement nd this ordinance, all sums referred to in paragraphs (al and Cc) of this Section. Cel The revenues payable under the Financing Agreement are sufficient to pay, in addition to all other -6- • I • • • • • • • requirements of the Financing Agreement and this ordinance, all taxes payable pursuant to Section 29-3-120 of the Act. Section 5. The forms, terms and provisions of the Financing Agreement and the Indenture, be and they h e r eby a r e approved and the City shall enter into the Financing Agreement and the Indenture in the forms of each of such documents presented to th e City Council at this meeting, with only such changes therein, i f any, as are not inconsistent herewith; and the Mayor is hereby authorized and directed to execute and deliver each such document and the City Clerk is hereby authorized and directed to affix the City seal to and to attest each such document. Section 6. The forms, terms and provisions of the Bonds, in the forms contained in the Indenture, be and they hereby ar e approved, with only such changes therein, if any, as are not i ncon- sistent herewith; and the Mayor is hereby authorized and directed to ex e cute the Bonds and the City Cl e rk i s h e r e by authori zed and directed to affix the seal of the City to the Bonds and to attest the Bonds. Section 7. The Mayor is hereby authorized to execute and deliver to the Trustee the request and authorization of the Ci ty f o r t he auth e ntication and delivery o f the Bond s by th e Tr ustee , in accor da n ce wi th Sec ti o n 2.07 o f th e Inde ntur e . Sec tion 8. Fi r s t Un ion Natio nal Da n k is he r eby appointed as Trustee under the Indentur e , th rcby also serviny as registrar nu paying agent under the te r ms of the Indenture . Section 9 . The officers of the City shall take all action in conformity with the Act necess ry or r ason bly requir d to t ec- tuate the issuance of the Bonds and sh 11 take 11 ction neceswary or desirable i n conformity with the Act to fin nee a portion or th cost of t h e Pro jec t an d for ca rry in g out , giving effect to and consummating the t r a n saction s co n tem p lated by this ordinance , the Fin ncing Ag r eeme nt an d t h e In de n ture , i ncluding without limit tion -7- • I • • • • • • • the execution and delivery of any documents necessary to elect to have Section 103(b) (6) CD) of the Internal Revenue Code of 1954, as amended , apply to the Bonds and of any closing documents to be deliv- er e d in connection with the sal e and delivery of the Bond s . Section 10. The cost of financing a portion of the cost of the Project, including the costs incidental to the authori z at i on, issuance and sale of the Bonds, will be paid out of the proce eds of the Bonds and none of the Bonds will be the general obligation of the City, nor shall any of the Bond s , including interest thereon, c on s ti- tute the debt or indebtedness of the City within the meaning of the Constitution or statutes of the State of Colorado or the Home Rul e Charter of the City nor shall anything contained in this ordinance or in the Bonds, the Financing Agreement, the Indenture or any other instrument give rise to a pecuni a ry liability or a charge upon t he general credit or taxing powers of the City, nor shall the breach of any agreement contained in this ordinance, the Bonds, the Financ i ng Ag r e ement, the Indenture or any other instrument impose any pe c un i ary liability upon the City or a charge upon the general credit or taxing powers of the City, the City having no power to pay out o f i ts gen - er a l funds, or otherwise contribute any part of the cost of f inanci ng the Project, nor power to operate the Project a s a busine ss or in any ma nn e r, nor shall the City condem n a ny land or othe r pr ope r ty f or the Project nor contribute any land or other prope rty to the ProJect . Section 11. Af te r any of the Bonds are issued , thi ~ ordi- nance shall be and rem a i n irrepealable un til t he Bo nds a n d the inter- e s t thereon shall have been fully paid , canceled and di s c h ar ge d . Section 12 . If any section , paragraph , clause or provi s ion of this ordinance shall f or a ny reason be held to be invalid or unen- forceabl e , the invalidity or unenforceability of s uch section , par - graph , cl use or p r ovision shall not affect any of t he remaining pro- v isions of this ordina n ce • -8- • I . - • • • • Section 13. All bylaws, orders and ordinances, or parts thereof, of the City, inconsistent herewith and with the documents hereby approved, are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed as reviv i ng any bylaw, order or ordinance, or part thereof. Section 14. This ordinance, immediately on its f ina l pa s - sage and adoption, shall be numbered and recorded in the of f icial records of the City kept for that purpose, authenticated by the sig- natures of the Mayor and City Cl e rk, and published by ref er e nce in the Englewood Sentinel, a newspaper published and of general c i rcula- tion in the City. Section 15. This ordinance shall be in full force and effect thirty days after publication following final passage • -9- • I . • • • • INTRODUCED, READ IN F ULL, AND PASSED ON FIRST READING ON THE 21ST DAY OF JUNE, 1982. Published as a Bill for an Ordinance on the 23rd day of June, 1982. (SEAL) Attest: Ex officio City Clerk- Treasurer Eugene L . Otis Mayor I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and fo r e- going is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 21st day of June, 1982. (SEAL) Attest: Gary R . Higbee Published in the Englewood Sentinel. First public tion June 23, 1982. -10- • I • • r ~ ' • . . •:..:..-. Halifen, Imhoff he. Investment Booker, 1125 17th Street . SuHe 1700 Denver. Cololodo 8020 2 [303) 534-0221 Mr. Gary Higbee Director of Finance City of J!'zlglewood 3400 S. Ela ti Englewood, Colorado 80110 '1 b • • - P~.'":E1VED APR ·1 · .,.,, 1. Uf f!N \t:CE EKGLEW :l OD April 7, 1 982 Re: $2,200,000 City of J!'zlglewood, Colorado Industrial Development Revenue Bonds (U.S. Industries, Inc. Project) Dear Gary : I have recently received current information relating to the above-captioned transaction. nte project proposed is described by the following narrative as supplied by U.S. Industries : "nte net proceeds of the Bonds will be used to pay for the acquisition cost of used and new equipment for the use in the manufacturins of plastic bags and similar items at a manufacturing facility located at 1500 W. Dartmouth Avenue , J!'zlglewood, Colorado, which 11 leased by U.S. I ndustries, lnc. (the "Company ") from a third farty l essor. Bond proceeds remaining af t er payaent o the i ni t ial a cquisition c ost of the used equipment will be u s ed to pay the coa t o f expanding t he manufac turin g ca pacit y o f the exis t ing facilit y through the pu r chaae of n ew equipmen t . Su c h expansion o f t he f ac i l ity ha• signi - ficantly increas e d t h e p r o duction capa city of the manufacturing facility. The Company'• operation• at the facility are conducted through Poly-Tech, on of the Company'• diviaiona. Poly- Tech ii not a separate corporate entity". Attachment Ad monstratea the use of proceed• for the proposed $2,200,000 i11ue, In conjunction with your requeat, U.S. Induatrle •, tnc, ha• provided a 1981 annual report, Baa don our pravioua reco .. en- dation and the current financial data received, Ha nifan, Imhoff Inc. la pleued to reco-end favorable conaideration of thh bond propoaal, aaauaing that all other factor• of conaideration ar mt to the aatiafaction of the City, I • - Hanilen.lmhoff nc. ln11911ment Bankers Mr. Gary Higbee Director of Finance City of Englewood Page Two • • • A review of updated financial data indicates a net worth of U.S. Industries, Inc. of $426,200,000 as of December 31, 1981. The corporation also continues to reflect a strong current ratio of 2.02 to 1 (current asaeta:current liabilities). Sales for the year ending Deceaber 31, 1981 were $1,041,300. I believe this information, together with the package submitted in 1 980, provides the updating that you requea ted. Please contact me if I ••Y be of further assistance regarding this matter. SHB :laa Attachments cc : Distribution List Attached Very truly yours, HANIFEN, IMHOFF INC • .)bf /Jdlr, I Steven H. Bell Assistant Vice President • I • • • • • • Hemen.Imhoff he. lnveolment llcr.kers $2,200,000 CITY OF ENGLEWOOD, COLORADO INDUSTRIAL DEVELOPMENT REVENUE BONDS (U.S. INDUSTRIES, INC. PROJECT) Uae of Proceed• Initial Acquisition of Aaaeta F.quipment Additions Additional Capital Itema Iaauance Coate Total Funda Uaed • ATTACHMENT A $ 870,000 1,265,000 40,000 25,000 $2,200,000 I . . ,. • • • • $2,200,000 City of Englewood, Colorado Industrial Development Revenue Bonds Series 1982 (U. s. Industries, Inc. Project) DISTRIBUTION LIST Arthur J. Se i fert, Esq. Sherman & Howard 2900 First of Denver Plaza 633 Seve nteenth St reet Denver, CO 80202 303-893-2900 Mrs. Toehl Hardi ng, Asst. Gen Cnsl u. s. Industries, Inc. P . o. Box 10207 1 Cummi ngs Poi nt Road Stamford, CT 06904 203-348-1551 Edward c. Berlinski u. s. Industries, Inc. P. o. Box 10207 1 Cummings Point Road Stamford, CT 06904 William o. Lamm, Esq. Lamm, Edstrom & Stowe 8 1 8 Seventeenth Street Denver, co 802 0 2 3 03-82 5-1284 Mr. Andy Mc cown City Manag er City of Englewood 3 4 00 South Elati Street Englewood, CO 80110 303-761-1140 Mr. Gary R. Higbee Director of Financ City of Englewood 3 4 00 South Elati Street Englewood, CO 8 0110 303-761-11'0 ··- Rick DeWitt, Esq. City Attorney City of Englewood 3400 South Elati Street Englewood, CO 80110 303-761-1140, Ext. 235 Mr. Steven Bell Hanifen, Imhoff & Stamford, Inc . 1125 Seventeenth Street, Suite 17 00 Denver, CO 80202 303-534-0221 R. Malloy McKeithan, Esq . Helms, Mulliss & Johnston 2800 NCNB Plaza Charlot~e, NC 28280 704-372-9510 Mr . o. L. Sicotte, Vice P resident Fi rst Un i o n Nat i onal Bank First Un i on Pla&a Charlotte , NC 28288 At tn : Co r por a t e Trust Dept., T -12 7 04 -3 7 4 -60 2 5 I • • • ORDINANCE NO. SERIES OF 198~2--- • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 22 • / INTRODUCED BY COUNCIL MEMBER NEAL AN OODINANCE AMENOit-i:; THE COIPREHENSIVE ZctHt-i:; OODINANCE OF THE CITY OF EN,LEll«X)I) BY REPEALit-i:; AND RE-ENACTit-i:; SECTICl-l 22 .7 THEREOF TO REVISE TilE SIGN CODE C'CNl'AINED THEREIN. 7 C WHEREAS, the City of Englewood adopted its first Comprehensive Sign Code in 1974 , regulating the signage of the City; and the conditions within the City of Englewood relevant to signage have changed substantially since that time; and WHEREAS, the Sign Code of 1974 had no provisions for bringing into compliance with the Code those signs which did not meet that Code's requirements and that has resulted in unsightly and inappropriate signage remaining in existence; and ~. the character of the City of Englewood is as a reg i ona l retai l shopp i ng center to people i n the metropolitan area, which ac t i v i ty serves to generate significant revenues for necessary City services; the Ci ty of Englewood has made a co11111 i tment t o rev i talize and maintain Englewood as a vital retail center for the area by approving a Comprehens i ve Plan, approving a Downtown Develoµnent Plan, activating the Urban Renewal Authority and has taken steps to i111>lement and complete these City goals, and Sign Code rev ision is a ne cessary ad j un c t to these goals; and ~. the co rrelative cha racter of the City of Eng l ewood is as a f am ily resident i a l a rea, and it is i~rtant to control signage t o be consistent with the va lues and goals of the i ~rtant fam ily resident i a l cha racte r of the City of Eng l ewood; a nd ~. business leade r s in the City of Engl ewood have e xp ressed support for a Sign Code revisions to ~lement updating and moderni zation of the City 's camiercial activities; and citizens of Englewood have expressed desires to promote, through zoning and signage control, a cormunity wh ich is beautiful, healthy, clean, well-balanced and safe; and ~. the City PlaMing and Zoning C0111111ssion has 11 performed its Charter function by proposing a revised Sign Code to City Council after n1.111erous public hearings and meetings with such Colllnission , citizens, and interested party participation and has submitted to the City Council proposed legislative findings of fact which support th enactment of th proposed Sign Code; nd City Council adopts those proposed findings of fact and makes additional findings of fact; and has consid red testim:>ny pre nted in public he rings before th Council. • I • • - • • • • N<M, 'lllEREFORE, BE IT CJma.INt;D BY THE CIT'i COUNCIL OF THE CIT'i OF Et«:,LE)O)I), COLCR'OO: Section 1. "nlat Section 22.7 of the Comprehensive Zoning Ordinance of the city of EngleloiOOd be and hereby is amended to read: • I • • • • • • TABLE OF CONTENTS 122.7 SIGN CODE ...•..•........•.••....••.•......••.....•.•.•...... 1 122. 7-1 Gen r al Statement ....•..•..••.•.......•..•...••......•. 1 122.7-2 Scope and Application of thi s Section ..•••....•••..•••• 1 122. 7-3 Permits. . . . . . . • . . . . . . . • . . . . . . . • . . . • . . . • . . . • . . • • . • • . . . • . 2 12 2 . 7-4 Permit for Gro up Signs ..•.•........•.•...•.••.•....•..• 4 122. 7-5 Signs Not Subject t o Permit .. , ..•..•.••..•.•••....•...• 4 122. 7-6 Signs Subject to Temporary Permit ..•.••..••.••••.•..... 5 122.7-7 Signs Subject to Yearly Registration •...•...•.......•.. 6 122.7-8 Signs Prohibited in All Zone Districts ...•..••••.•.•••. 6 122.7-9 Signs Permitted in Residential Zone Districts ..•....••. 7 122.7-10 Signs Permitted in Comm rcial and Industrial Zone Districts •.•.....•...........••.....••..••.•.•...• 9 122. 7-11 Sign Ar a Measurem nt ••...•.•.•••...........•.....•...• 12 122. 7-12 Maintenanc •..•.•.........•.•.•...•..••..••...•.•.•••.• 13 122. 7-13 onconforaing Si ns .................................... 13 122.7-14 Prohibit d, ~azardous and Abandoned Signs .•..•••••..•.• 15 12 2. 7-15 S v rability ...•....•.•.••..•...••.•.•••.•••.•••••..••. 16 122. 7-16 finitiona ..••....•••...•••....•..•.•••••.•••••••••.•. 16 • I • • • • • This Ordinance shall be known and cited as the "City of Englewood Sign Code." §22. 7 SIGN CODE §22.7-1 General Statement. The City Planning and Zoning Commission and City Council recognize that signs are a necessary means of visual comnunication for the convenience of the public and that it is the right of those concerned to identify their businesses, services or other activities by the use of signs. However, the Coaaission and Council are also aware that citizens of Englewood are concerned about adopting and enforcing sound environmental practices, in- cluding the strict control of signs, and limiting signs to those which are accessory and incidental to the use on the premises where such signs are located. It is t o this end that the following goala are set forth and the regulations in this section are deemed necessary: a. To protect the public from hazardous conditions that result from signs which are structurally unsafe, obscure the vision of motorists, and/or compete or conflict with necessary traffic signals or other traffic regula- tory devices. b. To encourage signs which are we ll-d signed, legible, and appropriate to the uses permitted as we ll as compatible with their surroundings and with the buildings to whi ch they are appurt nant. c. To provide a reasonable balance between the right of an individual to identify his business and the right of th public to be protected against the visual discord resulting from the unrestricted proliferation of signs and similar devices. d. To require that signs which adv rtise or id ntify a use or a business no longer in oper tion b removed within a r asonable tim . e. To require that igns whi ch do not comply with the requirements of this Ordinance b t rminated within a reasonabl p riod of time. 122.7-2 ~S=C~OLP::....;~n~d:....:.A~e~e~l~i~c~a~t~io~nc:....;:o~f:.....:t~h~i=•--=-S~c~t~i~o:;.;.;cn. Thea regulations shall overn nd control th di ply, construction , er ction, alteration, r modelin , enlarging, moving or maint nanc of all signs p rmitt d within all zon districts stablish d by this Zoning Ordinance nd any a ndmenta th reto. This sin cod shall b dalinist rd by th Director of th D part- nt o Comnunit y D v lop nt who shall hav th p rs nd duti • B t forth and thos necessarily impli d to administ rand n(orc this code; the Dir ctor • y issu appropriat procedur s nd Corms. Upon applic tion to and i suan by th ore. s sin y b r ct d, alt rd nd aaintsin D part only nt o a p rmit ther - or a P raitt d Use I • • • • - -2- in the District in which the signs are located; signs shall be located on the same lot as the Permitted Use; provided, however, that no sign of any type shall be erected or maintained for or by a single-family, two-family or three-family residential use, except Home Occupation signs and certain signs for which no permit is required. Nothing herein contained shall be deemed a waiver of the provisions of any other ordinance or regulation applicable to signs. Signs located in areas governed by several ordinances and/or applicable regulations shall comply with all such ordinances and regulations. If there is a conflict between the regula- tions in this Section and any o ther ordinance or regulations, the more stringent regulation shall apply. §22.7-3 Permits. a. Permit required. It shall be unlawful to display, erect, construct, relocate or alter (except for copy changes), any sign without first filing with the Department an application in writing, paying applicable fees, and obtaining a sign permit, except as provided in S22.7-S and §22.7-7 of this ordinance. When a sign permit has been issued by the Department, it shall be unlawful to change, modify, al ter or otherwise deviate from the terms o r conditions of said permit wi thout prior approval of the Department. A written record of such approval shall be entered upon the original permit applica tion and maintained in the files of the Department. b. Application for Permit. Application for sign permit s hall be made by the owner or tenants of the property on which the s ign is to be located, his authorized agent, or a sign contractor l icens d by the City of Englewood. Such applications shall be made in writing on forms furnished by the Plan- ning Division, and shall be signed by the applicant. Th D partment shall , within five (5) working days of the date of the applica tion, either approv or deny the application or refer th application back to th applicant in any instance where insufficient information has been furnish d. If the Dep rtment finds that work under any permit isaued is not in accordance with the information supplied in the permit application and/or is in violation of this or any other pertinent ordinance, or ahould it b found that there ha b en any misr pres ntation in connection with the application for the permit, (includin non-auffici nt fund checks), th ai r or 1 ssee or erector shall b notifi d of uh finding& and that th violation must b corrected within fiv (5) working days of notice. If such corr c tion is not m de, th p rmit sh 11 be r voked and written notice th r of shall be s rved upon th sign owner or ere tor. No person shall proc d with any part of auch work aft r such notice is r ceiv d. The own r or 1 aa of th aign or the own r of the prop rty on which th aign is locat d ahall th right to app 1th d ciaion of th D partm n in th mann r provid d in 122.2-6b o thia Ordinance. If ctu l work p rmit iaau d within sixty hall autoiaatically b willful eta or n 1 1th r (60) null th contr c t o r, • I • • • • - -3- permit may be excused and the Director may .grant an extension of time in which to start or resume operations. All requests for extensions and approval thereof shall be in writing. When any permit has been revoked under the terms of this section, permit fees shall not be refunded. c. Plans, Specifications and Other Data Requested. The application for a sign permit shall be accompanied by the following plans and other information. The name, address and telephone number of the owner or persons entitlf,d to possession of the sign and of the sign contractor or erector; the location by street address of the proposed sign structure; complete information as required on application forms provided by the Department, including a site plan and elevation drawings of the proposed sign drawn to scale, caption of the proposed sign and such other data as is pertinent to the application; plans indicating the scope and structural detail of the work to be done, including details of all connections, guy lines, supports and footings, and materials to be used; application for an electrical permit for all electrical signs, and the required information for such application; and a statement of value or cost of the sign. d. Permit Fees . A permit fee shall be paid to the City for each sign permit issued under this section. The perait fee ahall be in accordance with the fee schedule established by the City Council. e. Identification and Marking of Electrical Signs. Each electrical sign hereafter erected or remodeled shall bear thereon a clearly legible identifica- tion plate not exceeding fifteen (15) square inches in area, stating the name of the person, firm or corporation responsible for its construction and erection, with installation date and permit number and shall be marked with input amperes at full load input. f, Licensing and Insurance Requirements . Any person, firm or cor porat ion engaged in the business of installing, r cting , moving or maintaining signs in the City of Englewood shall be duly licensed by the City. A p rson who has applied for a sign permit and is not engaged in the sign er cting busine ss may be allowed to install, erect, move, or maintain his own sign upon demonstration to the Department that h pos esses sufficient knowl dge and skill and is a,propriately insured for public pro- t ction. Upon such d 111<>natration, th Dir ctor or designee aay iaau a non- renewable aign contractor• license. Such lie nae will be valid only for the installation, rection or aoving of signs as apecifted on th perait. B for ny p nait is issu d for a sign which is locat dover public property or which 11ay r quir any work ov r public property, the r ctor shall furnish to the City a certificate of insurance from a fira with corporat surety, and uthoriz d to do bu inaaa in th State of Colorado, for public liability and prop rty d in &110unta aatabliah d by the Departaent of not leas than th followina and cov ring the liability of th si&n erector with rep ct to all rk p rfonaed by hi• or hia agents or eaploy 1: Ford ath or injury to any on Total 11 bili yin any on accid Prop rty d r on ............. $100,000 300,000 S0,000 I • • • • - -4- §22.7-4 Permit for Group Signs. Persons submitting a plan for a group of signs which are designed as an integral part of a new Planned Development or a new single development occupying no less than 24,000 square feet of lot area, may be granted a 25 % increase in number of signs or maximum square foot area subject to the approval of the Director of the Department. §22.7-5 Signs Not Subject to Permits. The following signs displayed for non-commercial purposes, may be erected and maintained in all Zone Districts without a permit. Such signs shall be in addition to all other signs per- mitted in any Zone District providing such signs do not require direct electri- cal wiring, and conform to setbacks and other physical characteristic require- ments of the designated zone districts. Even though permits are not required for the following signs, wall signs shall be located only in the signable area, and window signs shall be counted toward the 25% maximum coverage. This restric- tion shall not apply to holiday decorations, or to short term advertising as provided in 122.7-10 e 6. No permit shall be required f or copy changes or maintenance to a conforming sign if no structural changes are made. a. Bulletin Boards. Bulletin boards fo r public, charitable or religious institutions, which are not ove r twelve (12) square feet in area, and which are located on the premises of said institutions. b. Election Signs. Elect ion signs shall not be posted more than forty-five (45) calendar days prior to the election to which the sign relates, and shall be removed within fifteen (15) calendar days following the election to which the sign relates . Such signs are limited to wall, window and ground signs, and shall not be a banner of paper or cloth. In residential zone districts , there shall be no more than two (2) election signs per each lot; they shall not exceed twelve (12) square feet of total sign area, and shall be no more than six (6) feet in height above grade. In Commer- cial and Industrial Zone Districts, there shall be no more than two (2) pr each street frontage; they shall not exceed tw nty-four (24) square feet of total sign area. c. Flags. Flags of nations or an organization of nations, states and cities. d. Holiday Decorations. Signs in th nature of d corations, clearly incid ntal and commonly associated with any national, local or religious holiday; provid d that such signs shall b displayed for a p riod of not more than sixty (60) cons cutive calendar days. Such ai na may be of any typ , numb r, ar a, hi ht, location, illuainati n, or anillllltion, and shall b locat d ao •• not to conflict with traffic regulatory devic a. e. Ideolo ical Sina. Id olo teal ai na not 1110re than tw lve (12) aquar f tin total sign ar a. Such ai na ar limit d to not more th n t (2) pr lot. f. Providin no ai na, a)'llbola, 1 tt ra, 1 ur a, t, o cur on th buildin or th part o • I • • • • - -5- g. Memorial Signs. Memorial signs or 'tablets, giving the name of building and date of erection, when cut into any masonry surface or inlaid so as to be part of the building. h. Private Parking or Traffic Direction Signs. Signs giving parking or traffic directions or restriction• which do not require direct electrical wiring, provided that such signs are lilllited to: wall and ground signs, not more than two (2) signs per curb cut on the lot and not more than six (6) square feet per face in area, and not more than six (6) feet in height above grade. Not more than one (1) directional sign may be displayed at each curb cut. Such signs may be illuminated from a concealed light source which does not flash, bli~k, or fluctuate, and shall not be animated. 1. Public Signs. Signs required or sper.ifically authorized for a public purpose by any law, statute or ordinance. j. Signs Within Buildings. Signs within buildings that are not visible from the public right-of-way or are more than twelve (12) inches from the interior side of a window . k• Scoreboards. Scoreboards located on athletic fields. 1. Symbols. Symbols or create of national, atate, religious, fraternal, professional and civic organizationa. m. Vehicle Conauaer Information Signs. Signs on cars, trucka, or other vehicles displayed in commercial lots which give infoaaation as to price, emissions or mileage as required by state or federal law of such vehicles. These aigns are limited to 25% coverage of window area. n. Works of Art. Works of art which in no way identify a product. 122.7-6 Signs Subject to Teaporary Perait. The following signs may be displayed in the designated zone districts under th conditions described, upon granting a temporary peillit. a. Special Event Signs. In residential zone district•, special ev nt signs are permitted in addition to all other aign• allowed for a Permitted Uae. Such aign• •hall be limited to one (1) wall or one (1) ground •ian, aubject to limitation• deacribed in thi• aection and in 122.7-Sa; no aore than twelve (12) feet in hight, and •hall not exceed twelve (12) aquara fat in ar a , and ahall not ba displayed for more than thirty (30) calendar daya. In comaercial and industrial zone aiatricts, one spacial av nt sian may be permitted in addition to all other sian•• Such aian shall be limited to wall, window or ground sian•, subject to limitationa daacribed in 122 .7-lOc 1, S, and 6. Such sian shall not be aora than twenty-four (24) square feat in area and shall not be displayed for aore than thirty (30) calendar days . b. Str t ann rs. Banners across public thorouahfar a nnouncin venta sponsored by the City, ID&levood School District, Arapahoe County, or charitable or anizations may be authorized by taaporary permit by the Dire tor. Such Str at Bann rs shall ba installed, raaov d and maintained by th sponsor . • I • • • • • -6- §22.7-7 Signs Subject to Yearly Registration. The following signs are additionally permitted in all zone dis- tricts and shall be registered by the owner or lessor, with the Department sixty (60) calendar days after the effective date of this ordinance. This registration must be renewed on an annual basis thereafter and subject to the following conditions: a. Contractor Signs. A sign not more than twelve (12) square feet per face in area and not more than twenty-four (24) square feet in total sign area, which names the contractors or sponsors engaged in construction on the property where the sign is located. b. Real Estate Signs. Signs which advertise the sale, rental or lease of the premises upon which said signs are located. Such signs shall not ex- tend outside the property line and shall not be more than six (6) square feet per face in area. Signs which advertise the pre-leasing of a proposed develop- ment or redevelopment may be peraitted no more than two (2) signs and shall not be more than twenty-four (24) square feet per face in area. 122.7-8 Siana Prohibited in All Zone Districts. The following signs are prohibited in all zone districts and are declared a nuisance by the Department. a. Any ground sign within a triangular area of thirty (30) feet along two (2) aides of an intersection of curbs of two (2) streets, a railroad right-of-way and a street, a driveway and a street, or an alley and a street, which does not have a clear area of seven (7) feet between the grade level and the bottom of the sign unless approved by the City Traffic Engineer. b. Aniaated signs. c. Banners, pennants, valances, aod wind-powered devices. d. Billboards. e. Flashing or blinking signs, except for scoreboards and time and temperature devices. f. Portable signs. g. Outdoor display of aerchandiae on public right-of-way. h. Roof signs. i. Search lights. j. Signs painted on fences. k. Strinaa of light bulbs used in co1111 ction with c0111Mrcial praaiaea for coaaercial purpoa a, other than traditional holiday decoration.a. 1. Third-party aigna. a. Wheeled advertiaing devices, except for pel"alUMttlt eipa on licensed v hicl a. • I • • • • • -7- §22 .7-9 Si n s Permitted in Residential Distr icts: R-1-A, R--B, R--c, R-, R--c, R-an Sig~s w~ich ~eet the f?llowing criteria may b e constructed, displayed and maintained in the residential zone distr icts R-1 -A, R-1-B, R--C, R-2 , R-2-C, R-3 and R-4. a. Permitted Maximum Number. 1. Residential uses shall be permitted one (1) sign in addition to those permitted in 122.7-Sb, c, d, and e. 2. Nonresidential uses shall be permitted two (2) signs in addition to those permitted in §22.7-5. b. Per111itted Maximum Sign Area. 1. Single-family, Two-Family and Three-Family Residences . One (1) square foot in addition to the area of those permitted in §22.7-5b, c, d, and e. 2. Religious and Educational Institutions, Public Buildings and Residential Uses with Between Four (4) and Thirty-Nine (39) Dwelling Units. Twei.ty (20) square feet or two (2) square feet of sign area for each one-thou&lind (1,000) square feet of lot area; not, however, to exceed sixty (60) square feet of total sign area and provided that no one sign face shall exceed twenty (20) square feet in area. 3. Professional Offices or Residential Uses Kavin Fort or Nore Dwellin Units. Twenty (20) square feet or two (2) square feet of sign area for each thousand (1,000) square feet of lot area; not, however, to exceed ninety-six (96) square feat of total sign area for each lot provided that no one aian face shall exceed thirty-two (32) square feet. 4. Other Lawful Non-Residential Uses. Twenty (20) square feet of sign area for each use, provided that no one aian face shall exceed tan (10) s quare feet. c. Permitted Sign Types . 1. Ground Siana. Ground aiana are peraitted only for reli&ioua and duc ational institutions, public buildinaa, hospitals, clinics, pro- f essional officea, or forty ~40) or aore reaidential unita. Such siana sh 11 b no more than fifteen (1~) feet in heiaht and shall be aet back ten (10) f eet froa the property lioe •nd are subject to the liaitationa des- crib d in 122 . 7-Sa. 2. Marques, Canopy or Awnin& Siana. All aipa shall be parallel to the face of the aarqu.., CADOPY or 8VIUJll upoo which such sians are dis- played and shall not project above or below the face of tbe Mrqu.., cuopy o r wnina, and shall only identify tbe bua~s by n.tae an4/or address . 3 . Projectin& Sian a. Naxiaa area of tba aip &ball be tWAty- fiv (2S} square t .. t per face and tile uxiaa baipt ab.all be twenty (20) f t. Suh siana shall be lOCAted ia tbe "dpable area" of the facade of t h buildin, aad aiat not obscure ujor arcbitac:tural details or utead • I • • • • • -8- above the roof line, Such signs shall have a clearance of ten (10) feet from grade level to the bottom of the sign. Maximum projection shall be thirty (30) inches from the building to which it is attached. If a sign projects more than thirty (30) inches over the public right-of-way, an encroachment agreement must be obtained from the City. Where a projecting sign has two (2) or more display faces, all faces shall be included in determining the area of the sign, 4. Suspended Signs. Suspended signs shall not exceed four (4) square feet per face in area; shall be separated by a distance of fifteen (15) feet and shall have a ainimum clearance of seven (7) feet above grade level to the bottom of the sign. Such signs shall be liaited in content to identification or address of the buaineaa. 5. Wall Signs. Wall aigna shall be no greater than twenty (20) feet in height, shall not project more than twelve (12) inches fro• the face of the building to which it ia attached and shall not extend above the roof line or the parapet wall. 6. Window Signs. Window aigna shall not occupy more than 25% of the window in which they are displayed and shall not be displayed in win- dows above the firat floor level. d. Peraitted Illuaination. All signs described above except home occu- pation sign• aay be illuainated, but only from a concealed light source. Signs shall not remain illuminated between the houra of 11:00 p.a. and 7:00 a.a,, except aigna permitted for medical services and public services such aa police and fire, which are provided on a twenty-four hour baaia. e. Signs Additionally Alloyed 1. Home Occupation Sign. lkae occupation sign not more than one (1) square foot in area, which ia affixed to the building, and which ia unlighted and unanimated. 2. Hi&h-liae Building Identification Wall Siana. For aulti- storied buildinaa in exceaa of the aaxiaua hei&ht peraittad in the R-3 Zone District, additional wall aian area shall be paraitted for building identification purpo .. a in conformance with the schedule aat forth below, Sign area shall be baaed upon a square foot•&• factor aultiplied by hori- zontal linear foot•&• of the buildin&iacade at the elevation of the facade wh re the aign ia placed. a) For aigna located froa sixty (60) feet to on hundr.cl (100) feat in haiaht, tha fact~r ahall be five (S) square feet. b) For aigna located froa one hundred OGe (101) to on hundr.cl fifty (1SO) feet in haiaht, the factor shall be aiJl (6) square feet, c) For aigna located one bundr.cl fifty-one (1Sl) fat to two hundr.cl (200) feat in hai&ht, the factor shall be aeven (7) square fe t, Multi-storied buildiDl8 .. y be peraittad idaatificatioo vall aiana of the aiaa provided by aubparaarapba 1 tbrouab 3 for each buildin • I • • • • • -9- facade visible from a public right-of-way. Wall sign areas permitted by this subsec tion for one facade may uot be used for any facade other than the facade for which such allowance is granted and shall be exempt from §22.7-11 a 3. Suc h signs shall not count against maximum sign area, or maximum number of signs. 3. Identification~-Signs limited to name of occupant, address of premises, and no more than four (4) square feet per sign in area. Such signs are limited to no more than one (1) per street front, and may be illuminated only from a concealed light source. Such signs do not count against maximum sign area or number. §22,7-10 Signs Permitted in Co111111ercial and Industrial Zone Districts: B-1 and B-2 1 1-1 and I-2. S igns which meet the following crit.eria may be constructed, displayed, and maintained in commercial and indu~trial zones B-1, B-2, I-1 and I-2. a. signs if signs if five (5) gr<l'ater. Permitted Maximum Number. Each peraitted use may have three (3) the linear foot of the street frontage is 150 feet or less; four (4) the linear foot of the street frontage is 151 feet to 300 feet; signs if the linear foot o f the street frontage is 301 feet or b. Permitted Maximum Sian Area. 1, For All Permitted Uses : a) For a Lot Havin1 One Permitted Uae. For the Permitted Use, the maximum sign area aball be eighty (80) square feet or aa calculated from the table herein : Street Frontaae 1 foot to 100 feet 101 feet to 250 feet 251 feet+ Sign Area/Foot of Street Frontaae 1.5 sq. ft./1 foot 1.0 61q. ft./1 foot 0.4 sq. ft./1 foot No 1ingle aign face shall exceed one hundred (100) square fNt in rea, except aa provided in Section e 2 and 7 horeof, nor aball tho total aign rea of any uae exceed aix hundred (600) square fMt, b) For a Lot Havina Two or Mor Permitted Usea. For each P rmitt d U e the -xi-ai&n area ehall be ei&hty (80) square feet or aa calculat d fro• the table herein : Buildin& Front 1 foot to 100 feet 101 feet + Sign Area/Foot of luildin& Front 1.s lq, ft./1 foot 1.0 aq. ft./1 foot No ain le aisn face ahall xc don hundred (100) square f et in ar a except•• provided in 1 22,7-10 e 2 and 7 nor halt th total aiAn ar a any u c ed aix hundr d (600) aquar f t. I • • • • - -10- c. Permitted Sign Types. 1. Ground Signs. The maximum height of a ground sign shall be twenty (20) feet. The distance between signs on adjacent lots shall be not less than the height of the taller sign. If there is more than one business in a building or if a group of buildings are associated by ownership, no ground signs are permitted except Joint Identification Signs. Where a ground sign has two (2) or more display faces, all faces shall be included in deter- mining the area of the sign. 2. Marquees, Canopy or Awning Signs. All signs shall be parallel to the face of the marquee, canopy or awning upon which such s-igns are dis- played and shall not project above or below the face of the marquee, canopy or awning, and shall only identify the business by name and/or address. 3. Projecting Signs. Maximum area of the sign shall be twenty-five (25) square feet per face and the maximum height shall be twenty (20) feet. Such signs shall be located in the "signabl e area" of the facade of the building, as described in 122.7-lla 3, and must not obscure major architectur- a l deta ils or extend above the roo f l ine . Such s igns shall have a clearance of ten (10) feet from grade level t o the bottom of the sign. Maximum projec - tion shall be thirty (30 ) inches from the buil ding to which it is attached. If a s ign projec t s more than thirty (30 ) inches over the public right-of-way , a n enc roac hment agreement must be obtained f r om the Cit y . Where a projec ting s i gn has two (2 ) or more display f a c es, all f a c e s s h all be inc luded in deter- min i n g the area of the s ign. 4. Susp e nded Signs. Sha l l not exceed four (4) square f e et per face in area; s hall be s eparated by a distance of fifteen (15) feet a nd s h all have a min imum c l e arance of seven (7) feet above grade level to the bottom of the sign. Such s igns s h all be limi t ed in content to identifica- tion or address of t h e b u s iness . 5. Wall Sign s. Wa ll signs shall be placed only in "aignable areas" of a building facade ex c ept as specified in §22. 7-10 e 7. "Signable Area" of the building mea n s any area of the facade of th building up to the roof line which is fre of windows and doors or major architectural detail. The area of the wall sign must not exce d 40% of the identified "signable ar a". Wall aigna may not project more than et ht n (18) inches from the aupportin wall. Wall signs may not extend above th roof lin or parapet wall. 6. Window Signs. Window aigna ahall not occupy more than 25% of th total area of the window in which they are displayed. This 25% 111AXimU111 coverage ahall includ all aigna except abort term adv rtising signs r gardleaa of whether it is counted for aign ar allow d or not. Signs dis- played tw lv (12) inches or lea, from the int rior of windows shall be debit d a ainat th aquare foot area and number of ai ns allow d a permitted use. Wind aisna are not permitt din windows above th first floor. d. P raitt d Illumination. Signs in Coamiercial and Industrial Zon • aay b illuainated, but all dir ct illuaination shall not xce d t w nty- fiv (25) vattl pr bulb. e. Si&nl Additionally Allow d. Th foll ins ai na are al10 allow d in co rcial nd indu1trial zoo a subject to th conditions 1tat d. ----·----~---~~---~·---'- I • • r • • • - -11- 1. Drive Thru Identification Signs. Each Permitted Use with a sheltered drive thru facility may have one (1) identification sign attached to the shelter structure subject to the limitations of §22.7-lla 3. Maximum sign area shall be ten (10) square feet for each lane of the drive thru facility. Such signs shall not count against maximum sign area or number. 2. High Rise Building Identification Wall Signs. For multi- storied buildings in excess of the maximum height permitted in the B-1, B-2, I-1 or I-2 Zone Districts, additional wall sign area shall be permitted for building identification purposes in conformance with the schedule set forth below . Sign area shall be based upon a square footage factor multi- plied by horizontal linear footage of the building facade at the elevation of the facade where the sign is placed: (a) For signs located from sixty (60) feet to one hundred (100) feet in height, the factor shall be five (5) square feet; {b) For signs located from one hundred one (101) feet to one hundred fifty (150) feet in height, the factor shall be six (6) square feet; (c) For signs located one hundred fifty-one (151) feet to two hundred (200) feet in height, the factor shall be seven (7) square feet. Multi-storied buildings may be permitted identification wall signs for each building facade visible from a public right-of-way. Wall sign areas permitted by this subsection for one facade may not be used for any facade other than the facade for which such allowance is granted and shall be exempt from §22.7-lla 3. Such signs shall not count against maximum sign area and number. 3. Identification Signs. Signs limited to name of occupant, ad- dress of premises, and no more than four (4) square fee t per sign in area. Such signs are limited to no more than one (1) per s treet fro nt, and may be illuminated only from a concealed light source . Such signs do not count against maximum si gn area or number. 4. Joint Identification Signs. Joint Identification Signs are permitted for two or more Permitted Uses on the same lot as the sign. If two or more businesses occupy the same building, or a group of buildings are associated by ownership, no ground signs are permitted except Joint Identification Signs. Each individual identification within the Joint Identification Sign shall be uniform in size, type and style except for the name of the development. The following Joint Identification Signs are in addition to all other signs in terms of maximum sign area and number. a) Permitted Area of Joint Identification Signs. One (1) square foot of sign area for each two (2) linear feet of street frontag provided, however, that no single sign shall exceed on hundred (100) square feet per face, and that the total area of the Joint Identification sign shall not exceed two hundred (200) square feet. b) Permitt d Maximum Number of Joint Id ntification Signs. One (1) sign for each street frontag 5. Secondary Sign s. On th r ar of th building, ach buain •• or use may have on (1) ai n identifying nam of the buain sa , th products sold, manufactured or aervic • offered, which shall not be count d toward the maximum sign area or number. Such a condary sign shall not xce d • I • • • • -12- one-half (1/2) square foot o f s ign a r ea for each linear foot of the f r ont lot line, or one (1) square f oot of s i gn area fo r each lin ear foot of build- ing front for a lot having two (2) or mor e Pe rm itted Uses . 6. Short Term Advertising Signs. In a ddit i on t o o t her signs allowed in a Permitted Use, each business or designa t ed use may be pe rmitted short term advertising signs, provided such sign s are l imited to window or wall signs. Window signs shall not cover more than 20 % of the window area above that specified in 122.7-D c 6. Wall signs shall not be greater than fifty (50) square feet in area and subject to the limitations of §22.7-lDc 5. All such signs shall be limited to a two (2) week period after which a permit will be required. Such signs shall show the date of installation or display. 7. Signs Set Back from Public Right-of-Way. For buildings with building frontage of fifty (50) feet or less: The permitted area of only one sign face may be increased at the rate of one- third of one percent (.0033) for each additional foot of distance beyond the first one hundred (100) feet of building setback and based on the great- er of eighty (80) square feet or as calculated in §22.7-lDb l (b}, but in no case greater than one hundred (100) square feet. I n no c a s e ma y t he i ncrease be more than one hundred (100) percent of the maximum permitted s ign fa c e area and the additional sign a rea calculate d herein shal l not co un t a ga i n st the maximum sign area and may e xceed forty (40) perc ent o f the sign a b l e area. The increase in sign fs c e area will be granted fo r a sign f a c e which shall be placed at the setbac k distance as used in t he calculati on herein. For buildings with building front age of f ifty -one (51) feet or more : The permitted area o f only one sign fa c e may be inc r e a sed at the rate of one-third o f one percent (.003 3) fo r e ach foo t of d i s t ance beyond the first one hund r ed (100 ) f eet of b u i l ding se tback a nd based on the gr ea t e r of eighty (80 ) s quare f eet or as cal c u lated i n 122.7-l Ob l (b}, but in no case greater t han one hundred (100 ) s quar e fe et. I n no one case may the i n c r ease be mor e than on e hund red (1 00) percen t of the max imum permit ted sign face a r ea and t he a dditional sign a r ea calcu l a t ed here i n s h all not co un t aga inst t h e max imu m s i gn a r ea . This increase i n s i gn face area s hall be gr an t ed for a sign which shall be placed at the s e tback distance as used in the calculation herein. 122.7-11 Sign Area Heasur m nt. a. Ar a to be M asured. The area of a sign shall b measured in conformance with the regulations as herein st forth, provided that th structure or bracing of a sign shall be omitted from measurem nt, unless such structure or bracing is made part of th message or face of the sign. Where a sign ha1 two or mo r e display faces , the ar a of all fac I shall be includ din det rmining th ar a of th sign. 1. Backing. Th ar s of outlin ahall be m aaur d by d t rmining the er tea th amalleat 1ingle continuou prim limit• of t h e di1play aurfa • or face of the backin , fac plat a, non-atructural trim or otherwiae uaed for aupport. signs enclos d by a box or r a of each r ctan 1 which ter encloaing the xtr sign; including all fr a, other compon nt parta not I • • • • • • -13- 2. Signs Without Backing. The area of signs consisting of indi- vidual letters or symbols shall be measured by determining the sum of the area of the smallest single continuous rectangle enclosing the extreme limits of each message, including all frames, face plates, non-structural trim or other component parts not otherwise used for support. 3. "Signable Area". Signable wall area is a continuous portion of a building facade unbroken by doors or windows or major arc hitectural features. It is calculated by selecting a continuous surface, then drawing an imaginary rectangle within specified height limitations and computing the square foot area of this rectangle. Persons displaying signs attached to a building may determine the "signable area" to be used by choosing any such area on the building facade for the display of signs. Signs may not cover more than 40% of this area. If, because of the design of the building, a signable area cannot be identified, the Department and the applicant will determine a suitable area for signage. 4. Irregular Outline. In the case of an irregularly shaped sign or a sign with letters and/or symbols directly affixed to o r painted on the wall of a building, the area of the sign shall be the entire area within a single-continuous rectilinear perimeter of no t mo re than eight (8) straight lines enclosing the extreme limits of writing, repre sentation, emblem or any figure of similar charac ter. b. Number of Signs. Each continuously enc l o sed a r e a of a s ign face, either by outline or by an imaginary line, s hall be cons id ered one sign . Signs whi c h have more than one sign struc ture attached to a common s upp ort or wal l may be c ounted as a single sign, or as sev e r al s i gns ; howev e r, if counted as one s ign, the total surfac e area of such multiple unit s i gns shall inc lude v e rtical and horizonta l s pac ing be tw een signs. 122 .7-12 Maintenanc e. Every sign, inc luding thos e specifically exempt f r om this s e ct ion in respec t t o pe rmit s and permit fee s , sha l l b e ma intained in goo d condition a t all time s. All signs s hall be k e pt nea tly painte d, i n cluding a ll metal parts and suppor ts t her eof tha t are not galv a n ized or of r ust-resis t ant metals. The Director or h i s o r h e r d esignee, shall i nspect and shall h av e th author ity to order the painting, repa i r , alt e r ation , or removal of a sign which is not in conformance with this ordin nee by reason of saf ty , health, or public w !fare, or by r ason of inadequate maintenance , dilapida- tion, or obaol scenes. 122.7-13 onconforming Signs. Any sign which was lawfully erect d a nd maintain d prior to t h ff ctiv date of this Ordinance, but which dos not conform to th limita- tions established by this Ordinance, xc pt thos sins prohibit d , hazard- ous or abandon d, shall b nonconforming aigna and subj ct to th foll ow ing conditions: a. _R_.. ___ ""--'-"--------,-.--'"'--S .. ign...__s. All n nc n f rm Ing si ns shall b r the D part n . IC a valid permit exists for D par nt will c oeple • th • I • • • • - -14- registration and notify the owner or lessee of the sign or the owner of the property on which the sign is located requesting verification of the regis- tration information. If no valid permit exists for the noncon forming sign or if insufficient information in available, the owner or lessee of the sign or the owner of the property on which the sign is located will be notified and must register the nonc onforming sign or provide the necessary informa- tion within thirty (30) calendar days of receipt of the notification. b. Termination of Nonconforming Signs. Any nonconforming sign shall be brought into conformance or shall terminate and cease to exist within ten (10) years from the date a permit was issued. If seven (7) years or more has passed from the date a permit was issued to the effective date of the Code, then the sign must be brought into conformance or terminate and cease to exist within three (3) years from the effective date of the Code. Any non- conforming sign without a valid permit must be brought into conformance or terminate and cease to exist within three (3) years from the effective date of the Code. In addition, a nonconforming sign must be brought into conform- ance or terminate and cease to exist if any one of the following conditions occur: 1. Whenever the sign is damaged more than 50% of its total replace- ment value, or destroyed from any cause whatsoever, or becomes obsolete or substandard under any applicable ordinance of the municipality, to the extent that the sign becomes a hazard or a danger. 2. Whenever the ownership of the property changes on wh i¢h the non- conforming sign is located. 3. Whenever there is a change in the lessee, ownership of the business or use to which the sign pertains. 4. Whenever there is a request made for a permit to change the sign. 5. Whenever there is a request for a permit to make improvements to the facade of the building on wh ich the non-conforming sign is located. c. Nonconforming Signs in Newly Annexed Areas. Any owner or operator of a non-conforming sign in a newly annexed area shall terminate such non- conforming sign in accordance with the requirements of this section, with the effective date of the annexation ordinance being the start of the time limita- tion. d. App ala. The owner or less of a sign, or the owner of the property on which a sign is located who has been notified by the Departm nt that such sign is non-conforming may appeal that decision to the Dir ctor or designee, within twenty (20) days of the receipt of such notice. Th appeal shall contain th appellant's nm and addr sa, th decision being app aled, and a brief explanation why th app llant should not b required to comply with the document appeal d. Th director or design may met inform lly with the pp llant to exch ng necessary information and shall iasue a decision in writing to th app llant at his address stated in the app al. If th decision of the Dir ctor or deai n 18 not satisfactory to •aid er or 1 sa e, within thirty (30) daya of th Director'• d ciaion, h 1111y apply for a varianc fr<>11 the Board of Adjuat nt nd App ala sa pro- • I • • n • - -15- vided for in §22.2-6 of the Comprehensive Zoning Ordinance. §22.7-14 Prohibited, Hazardous and Abandoned Signs -Enforcement Pro- cedures. It shall be unlawful to display, construct, erect, enlarge, move or maintain a prohibited sign within the City. more be unlawful to display, construct, erect, enlarge, move hazardous or abandoned sign within the City. alter, remodel, It shall further- or maintain a a. Notification of Unlawful Signs. Notice shall be given by Certified Mail or personal service to the owner o r lessee of such unlawful signs and to the owner of the property on which such unlawful signs are located. Prohibited signs as described in Sectioo 22.7-8 shall be declared a nuisance by the Department. The notice shall require that prohibited signs be brought into conforaan~e with this Ordinance or be removed within one hundred eighty (180) days after the notice has been received. Signs prohibited in §22. 7-8 d. j and 1 shall be removed within three (3) years froa the date the notice is received. This section shall not be applied to require the removal of any. sign for which it is lawfully required, by Federal oc State Constitution or statute, that compensation be paid by the City for sign removal, unless the City elects to pay any compensation lawfully required. Hazardous signs are those which by raaaon of inadequate aaintenance, dilapidatioo, or obsolescence, create an iaainent hazard to public health, safety, or welfare, as declared by the Depart1111nt; those signs are further declared a nuisance and shall not be displayed or erected within the City. The no tice shall require hazardous sign re.oval within tan (10) days. Signs abandoned for a period of thirty (30) days shall be declared abandoned signs and a nuisance by tha Depart-nt; abandoned signs shall not be displayed or aaintained within the City. The notice s~ll require abandoned sign removal within thirty (30) days . b. Appeals. The owner or leaaea of a aian or tha owner of the property on whi ch a sign ia located who baa been notified by the Departaent that such sign is prohibited, abandoned or hazardoua aay appeal that deciaion to the Director or deaignee within tweoty (20) daya of tha receipt of auch notice, except for haurdoua aiana appeal auat be within five (S) daya. The appeal shall contain the appeallant'a naae and addr .. s, the daciaion being appealed, and a brief explanation why the appeallallt should not be required to coaply with tha docUllellt appealed. The director or daaignee may meet inforaally with the appeallallt to exchanae neceaasry inforaation and shall issues decision in writina to the appellant at hia eddresa atated in the appeal. If the daciaion of the Director or deaignee ia not aatisfsctory to said owner or laasM, within fifteen (15) days aay apply for s vari&Ace froa the Board of Adjuataent and Appeala aa provi4ed in 122 .2-6 of tha Coaprah naive Zonina OrdiD&Dce, except for baaardoua aipa 1D wicb cue the Director's decision is fi.Dal, • I • • • • - -16- c. Failure to Comply with Notices. If the owner or lessee of a pro- hibited, abandoned or hazardous sign or the owner of the property on which such sign is located fails to coaply with notice given pursuant to this section within the time specified. the City Manager or his designee is authorized to cause the action required by ordinance. which aay include removal of the sign by the City. All coats incurred by the City plus an adainiatrative cost of fifteen percent (15%) of the direct coats shall be charged against the real property and its owners. d. Notice of Costa. If the City incurs costs-taking action required by this section. a statement shall be prepared for the entire cost plus fifteen percent (15%) administrative coats. and be mailed by certified mail. return receipt requested. to the owner of the property on which the sign is located with instructions that said statement will be paid in full plus costs within thirty (JO) day a of said mailing date. The notice shall also inform the property owner that the failure to pay the statement for costs for sign removal within sixty (60) daya shall result in an aaa•a-nt being made against the property which shall constitute a lien pursuant to 122.7 of the Comprehensive Zoning Ordinance of the City of P'.nglewood. e. Aaaea-nt. If the full aaount of the atat~t relatina to sign removal from realty is not paid within sixty (60) days. the City Manager shall direct the Director of Finance to aaseaa the entire aaount of the statement plus an additional twenty-five percent (25%) penalty aaainst the specified realty. After •••••-nt by the Director of Finance. a copy shall be aent to each owner of record of the aaaeaaad realty. The aaaea-nt shall contain a legal description of the preaiaea. the expenaaa and coats incurred. and the date of sign reaoval. and a notice that the City claiaa a lien for thia amount. The Director of Finance shall certify auch aaaaaament to the County Treasurer who shall collect auch aaaua-t in the•-1111Dner •• ad valor- taxea are collected. f. Aaaua-nta: Proa the date of the aaaeaaina atat~t. all aaaeaa- ments shall constitute a perpetual lien against the specified realty end shall have priority over all liena exceptina aeneral tax liens and prior apecial aaaeaa-nta. Ho delays. aiatakea. errors or irreaularitiea in any act or proceeding authorized herein shall prejudice or invalidate any final••••••- -nt; but the•-aay be r~ied by the Director of Finance. aa the cue may require. upon application aade by the property owner or other interested person. When ao r~ied, the.-shall take effect as of the date of the original aa•••-nt by the Director of Finance. I• Other iaaediea. Ally unpaid chara• plus all coau and peualUH shall cona titute a debt due the City. The City Attorney shall. at the dir- ction of the City KaAaaer. inatitute civil suit in the naae of the City to recover such charau. coat and penalUaa. The City aay preveat by iujunction and require reaoval of any aip erected without a perait. These r~iea shall be cimulative with all other r~iu, iDcludill& proeecutioa ill Municjpal Court for each violation of this chapter pursuant to the proviaiolul and p naltiea eatabliahed by Title I. Chapter 2, of the '69 I.N,C. 122.7-15 Severability. The proviaiona of tbia code are aevera&>le. If SAY part of thia code ia declared unconstitutional by a final jud ..... t of a court of c~t- nt jurisdiction . that decieion shall not affect SAY portion of tbe code which reaaina. but the r-1.ader shall be ill full force and effect aa U the portion declared unconstitutional had oever beeA a part of the code, • I • • -• • - -17- 22.7-16 Definitions. Animated Sign. Any sign or part of a sign which changes position by movement or rotation or gives the illusion of such change of position. Awnings. A shelter supported entirely from the exterior wall of a building and of a type which can be retracted , folded or collapsed against the face of the supported building. Billboard. An off-premises, outdoor advertising display, usually a rigidly assembled sign, permanently affixed or attached to the ground or a building and used as a conmercial sign not pertaining to the premises. ~PY· A roof-like structure which is attached to a wall or walls of a build ng and may be provided with ground supports. Usually of a lighter material than a marquee. Comnercial Sign. A s i gn which conveys information predominantly related to the economic interests of its proprietor and its audience; or a sign whi ch proposes a conmercial transaction; or a sign which conveys information for the purpose of inducing or permitting its audience to enter i nto a conmerc i a l transaction. Concealed Light Source. An artific ial light intended to illlK!linate the face of a sign, which light is shielded from public vi ew and from ad j oining properties. Department. '11le Department of Coam.anity Deve l oµnent. Di rector. Director of the Depa r tment of Camunity Deve l oµnent. Displ ay Surface or Face. 'I'h e area made available by the sign structur e for the purpose of d i splayi ng a me s sage. Distance of Sign Projection. 'I'he distance from the exterior wall surface of the bu ilding, or from the furthest po int on a mansard roof, to th display face of a wa ll sign. Drive 'I'hru Identification SiW'. A sign wh ich identifies a drive thru facility and the &.islness to whic it belongs. Election Sign. A sign providing info rma tion r egarding elections , candidates , or issues concerning such elections . Ext rior Wa ll surface . 'nle 1110 t e xterior part of a wall , sun scr n , or ny screening or ma terial covering a building . Groood ~n . A sign pported by poles, uprights or br ce extended from the gro or an object on th groood; but not att ched to any part of th building . • I • • • • - -18- Ideological Si¥n. A sign which has as its dominant theme or purpose the expression of a re1:gious, political, social, philosophical or other ideological message. IllLlllinated Sign. A sign lighted l::rj or exposed to artificial lighting either l::rj lights on the sign, within the sign, or directed toward the sign. Individual Letter Sign. Letters or figures individually fashioned from metal or other materials and attached to the wall of a building or other surface; but not including a sign painted on a wall or other surface. Joint Identification Sign. A sign which serves as a C0111110n or collective identification for two or nr:>re businesses or industrial uses on the same lot. such sign may contain a director to said uses as an integral part thereof, or may serve as general identification only for such developnents as shopping centers, industrial parks and the l i ke. Major Architectural Detail. Di sti nguishable de sign fea t ures o f the f acade of the building such as windows, doors, balco nies, co l1.111'l s , o r patterns o r designs formed at the time of const ruction l::rj the bu ilding mater i a l. Kanaar d Roof . An arc hitectural f eatu re which is a a teep roo f s truc t ur e which is a portion of a roof structure o r is attache d to t he wall of a building. Han a ard Roo f Sian. A aian attached to the aida of a Han aard roof. Ha r qu aa. A ri&id, roof-like a tructure , uauall y of glaas , aetal or wood constructi o n, at t a ched to a wall or wall• o f a buildi.ng or atructure a nd support ed by tha building or a tructura which aay or aay not have ground aup porta. Marquee Si&n. A aign attached to, painted on, or erected againat the faca of tha aarquaa. Nonconforain& Siap, Any aign lawful when aractad but which, on th affective data of thia Ordinance, doe• not confora to the lillitationa .. tab- liehad by thi• Ordinance. Parapet Wall. That part of any wall which axtanda entirely abov th roof line. Portable Sian. Ar!y aian vhich 1• not panaanantly affix-'1 to a building, atructure, or the ground, axcapt aian• painted on or aaanetically attached to any lie naed v hicle. A aian other than a wall ai n which project• froa and 1• • I • • - • • • • -19- Roof Line. The highest point on any building where an exterior wall encloses usable floor area including roof area provided for housing mechanical equipment. Roof Sign. Roof sign shall mean a sign erected upon or above the roof line or parapet of the building or structure, except that signs located on a mansard roof shall be considered a wall sign. Short Term Advertising Sips. Signe which advertiae the sale of pro- ducts or services on a short tera baais. Sign. Any object, device or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract the atten- tion to an object, peraon, institution, organisation, business, product, service, event or location, by any .. ans includina words, letters, figures, design, syabols, fixtures, colors, aotion, illuaination or projected iaages. If for any reason, it cannot be readily deterai.Ded whether or not an object is a sign or a particular cateaory of sip, the Departaant shall -ke such deteraination besed on the criteria of tbe sip code. Sign With lackiy. lizly sip that is diaplayed upon, aaainst, or through any -terisl or color surface or backina tbat foras an intearal part of such display and differentistea tbe total display froa the bacqround aaainat which it is placed . Sign Without lackt.y. Azty rd,' letter, ..i,1 .. , inaiania, figure of • similar character or aroup tbereo(, that is neither backed by, incorporated in or otherwise aade part of aa:, lonaer display. Sipable Area. The sipable area shall aean that area of a buildina facade up to the roof liDe wluch is free of windows and doors or -jor architectural detail and_, be enclosed by an iaaainary rectanale. If, because of the desip of the buildina, a •ignable area cannot be identified, the Departaent and th applic ant will deterai.ne a suitable area for sianaae. Sp cial Event Sip , A Bi n which announcH an event sponsored by a public , civic or charitable aroup . uspended Sip . A sian suspended froa the ceilina of an arcade or -rque , Third-Party Sip. A sign rslatina to products or services not on the .... lot . Wall i n. A sign attached to, painted on, or erected aaainst a wall o f a buildina, the display surface of which is parallel to the face of th buildi to which tha •ian is attnched. A unurd roof -y be considered a wall if th top eda• of a sign a~tached to it extends no aore than t nty-four (24) inch froa the -nsard roof surface • • I • • - • • • • • -20- Wind Sign. Any aign aet in aotion by vind or breeze. such as banners. flags, pennant• or other object• or aaterial. Flag• of nations, state• or municipalitiea ahall not be claaaified aa Wind Signa. Window Area, The area of all vindova on the firat floor of• building which facH or are viaible froa one public right-of-way. Window Si&D, A aian which ia applied or attached to. or located within twelve (12) inchu of the interior aurface of a vindov; which aign can be seen through the vindov froa the eKterior of the atructure • I • • - • • • • Introduced, read in full and passed on first reading on the~ day of April , 1982. Published as a Bill for an Ordinance on the ~ day of April 1982. Read in full as amended on the lliL day of -"'J..,.uLln.,,.e ___ ., 1982. Published in full as amended on the 23rd day of June , 1982. Eugene L. Otis, Mayor Attest: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Engl~, Colorado, hereby certify that the above and foregoing is a true, accurate and caaplete COP'f of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 5th day of April, 1982 , published as a Bill for an Ordinance on the 7th day of April, 1982, read in full and passed as amended on the 21st day of June, 1982, and published in full as mended on the 23rd day of JWle, 1982. Gary R. Higbee • I • • ORDINANCE NO. SERIES OF 198~2~~- • • • BY AU'rnORITY A BILL FOR COUNCIL BILL NO. 22,/ INTRODUCED BY COUNCIL MEMBER NEAL AN OODINANCE AMENDitl:i THE cnu>REHENSIVE ZOOitl:i ORDINANCE OF THE CITY OF EN;Lo«x>D BY REPEALitl:i AND RE-ENACTitl:i SECTIOO 22.7 THEREOF TO REVISE THE SIGN CODE CCNI'AINED THEREIN. WHEREAS, the City of Englewood adopted its first Comprehensive Sign Code in 1974, regulating the signage of the City; and the conditions within the City of Englewood relevant to signage have changed substantially since that time; and WHEREAS, the Sign Code of 1974 had no provisions for bringing into compliance with the Code those signs which did not meet that Code's requirements and that has resulted in unsightly and inappropriate signage remaining in existence; and WHEREAS, the character of the City of Englewood is as a regional retail shopping center to people in the metropolitan area, which activity serves to generate significant revenues for necessary City services; the City of Englewood has made a COITll\itment to revitalize and maintain Englewood as a vital retail center for the area by approving a Comprehensive Plan, approving a Downtown Developnent Plan, activating the Urban Renewal Authority and has taken steps to iq,lement and complete these City goals, and Sign Code revision is a necessary adjunct to these goals; and WHEREAS, the correlative character of the City of Englewood is as a family residential area , and it is important to control signage to be consistent with the values and goals of the important family residential cha r cter of the City of Englewood; and WHEREAS, business leaders in the City of Englewood have expressed support for a Sign Code revisions to complement updating and modernization of th City 's rcial activities; and citizens of Englewood have expressed desir s to promote, through zoning and signage control, a COllffUllity which is u iful, healthy, clean, 11-balanced nd saf; nd WHEREAS, th City Pl nning and Zoning COl'flllission ha 11 rformed its Chart r func ion by propo ing a revised Sign Cod to City Council after rous public hearings and etings with such ission, citizens , and interes ed party par icipa ion and has submitted to th City Council propo legislativ indings o Cc whi ch suppo rt th enactment of th propo ed Sign Code; nd City Council ado tho propo ed finding of fact nd ke additional finding of f c I nd ha consid red t stimony pr n ed in public he ring fore th Council. • I • • - • • • • • • NCM, THEREFORE, BE IT ~INE;D BY THE CITY ro.JNCIL OF THE CITY OF EN;LE)«X)!), COLCJUWO: Section 1. '!bat Section 22.7 of the Comprehensive Zoning Ordinance of the City of Englewood be and hereby is amended to read: • I • • - • • • • • TABLE OF CONTENTS §22.7 SIGN CODE ................•...•.••....•..•................... l §22. 7-1 General Statement ..•.••....•...•......•.•...•...•...... l §22.7-2 Scope and Application of this Section ...••....•..•.•... l §22. 7-3 Permits ....•..•......••....•........•...........•.....• 2 §22. 7-4 Permit for Gro up Signs .•..•....•...•.•.••.............. 4 122. 7-5 Signs Not Subject to Permit .. , .......•.....•...•..•..•• 4 §22. 7-6 Signs Subject to Temporary Permit ...••.•.....•.•.•.•... 5 §22.7-7 Signs Subject to Yearly Registration •..•.•..••..•...•.• 6 §22.7-8 Signs Prohibited in All Zone Districts .•..•.••...••.... 6 122.7-9 Signs Permitted in Residential Zone Districts ....•.•.•. 7 §22.7-10 Signs Permitted in Commercial and Industrial Zone Districts ..•.....•..•..•...•.•..•....•...•.•.•...• 9 122. 7-11 Sign Area M.easurem nt .........•.•.•.....•...•.•.....•.. 12 122. 7-12 Haintenanc ...•..••.•....••....•........••••..•.•...•.• 13 122. 7-13 Nonconforming Signs .•..•...••••.•.•.••.•.••.•.•.••..•.• 13 122.7-14 Prohibit d, Hazardous and Ab ndon d Signs ••.•.•.•••.... 15 122. 7-15 S verability ..••.•.......•.......•.•••.•••.••..•....... 16 122. 7-16 finitiona ••.•.••....•...••...•••.•.•••.•.•••••••••... 16 I • • • • • This Ordinance shall be known and cited as the "City of Englewood Sign Code." §22.7 SIGN CODE §22.7-1 General Statement. The City Planning and Zoning Commission and City Council recognize that signs are a necessary means of visual colllllunication for the convenience of the public and that it is the right of those concerned to identify their businesses, services or other activities by the u se of signs. However, the COlllllission and Council are also aware that citizens of Englewood are concerned about adopting and enforcing sound environmental practices, in- cluding the strict control of signs, and limiting signs to those which are accessory and incidental to the use on the premises where such signs are located. It is to this end that the following goals are set forth and the regulations in this section are deemed necessary: a. To protect the public from hazardous conditions that result from signs which are structurally unsafe, obscure the vision of motorists, and/or compete or conflict with necessary traffic signals or other traffic regula- tory devices. b. To encourage signs which are well-designed, legible, and appropriate to the uses permitted as w 11 a compatible with th ir surroundings and with the buildings to which they ar appurtenant. c. To provid a r asonabl b lane b twe nth right of n individual to identify his businea and th ri ht of the public to be protected gainst the visual discord r aultin from th unr atricted prolif ration of signs and similar d vie a. d. To requir that ai n which dv rtis or id ntify au e or a business no long r in ope ration b remov d within a r aaonabl tim e. To requir of this Ordinance b that ai na which Jo not co ply with the r quir train t d within a r onabl p riod of tim. 122.7 -2 ~S~co~Pc.:.....:::n=d:.....:!A~pp~l~i~c~a~t~i~on:;..,;o~f:...:t~h~i~•...::.:~c~t~i~n .• ah 11 th erection, any a rato. nts na Thia ai n Dir Lor o th D part- aent of D th nd duti • • t forth nd th nd this code; th Dir ctor uy ia u th D p rt nt 0 a p ra1 th r - or , d, J.n d nly r a nai t d Ua I • • • • • -2- in the District in which the signs are located; signs shall be located on the same lot as the Permitted Use; provided, however, that no sign of any type shall be erected or maintained for or by a single-family, two-family or three-family residential use, except Home Occupation signs and certain signs for which no permit is required. Nothing herein contained shall be deemed a waiver of the provisions of any other ordinance or regulation applicable to signs. Signs located in areas governed by several ordinances and/or applicable regulations shall comply with all such ordinances and regulations. If there is a conflict between the regula- tions in this Section and any other ordinance or regulations, the more stringent regulation shall apply. 122.7-3 Permits. a. Permit required. It shall be unlawful to display, erect, construct, relocate or alter (except for copy changes), any sign without first filing with the Department an application in writing, paying applicable fees, and obtaining a sign permit, except as provided in §22.7-5 and §22.7-7 of this ordinance. When a sign permit has been issued by the Department, it shall be unlawful to change, modify, alter or otherwise deviate from the terms or conditions of said permit without prior approval of the Department. A written record of such approval shall be entered upon the original permit application and maintained in the files of the Department. b. Application for Permit. Application for sign permit shall be made by the owner or tenants of the property on which the sign is to be located, hie authorized agent, or a sign contractor licensed by the City of Englewood. Such applications shall be made in writing on forms furnish d by the Plan - ning Division, and shall b signed by the applicant. The D partment shall, within five (5) working day of th date of th application, either approve or deny th application or r fer the pplication back to th applic nt in any instance vb re insuffici nt inform tion has been furnished. If th accordance with th 1 •• muat b correct i a not -de, th aerved of or to 0 under any permit isau dis not in th permit application and/or is it b found application er or I • • • • - -3- permit may be excused and the Director may ,grant an extension of time in which to start or resume operations. All requests for extensions and approval thereof shall be in writing. When any permit has been revoked under the terms of this section, permit fees shall not be refunded. c. Plans, Specifications and Other Data Requested. The application for a sign permit shall be accompanied by the following plans and other information. The name, address and telephone number of the owner or persons entitlf:d to possession of the sign and of the sign contractor or erector; the location by street address of the proposed sign structure; complete information as required on application forms provided by the Department, including a site plan and elevation drawings of the proposed sign drawn to scale, caption of the proposed sign and such other data as is pertinent to the application; plans indicating the scope and structural detail of the work to be done, including details of all connections, guy lines, supports and footings, and materials to be used; application for an electrical permit for all electrical signs, and the required information for such application; and a statement of value or cost of the sign. d. Permit Fees. A perait fee shall be paid to the City for each sign permit issued under this section. The permit fee shall be in accordance with the fee schedule established by the City Council . e. Identification and Marking of Electrical Signs. Each electrical sign hereafter erected or remodeled shall bear thereon a clearly legible identifica- tion plate not exca ding fifteen (15) square inches in area, stating the naae of the person, firm or corporation responsible for its construction and erection, with installation date and permit nuaber and shall be aarked with input amperes at full load input. f. Licensing and Insurance Requirements . Any person, firm or cor porat ion engaged in the business of installing, r cting, moving or maintainin sign s in th Ci ty of Englewood shall b duly llcens d by th City. A p rson wh o baa applied for a sign permit and is not engag din th sign r ctin busin ss aay be allowed to install, erect, aove, or maintain his own sign upon d aonstration to the Department that h poa saes sufficient koowl d and skill and is a~propriately insured for public pro- t ction. d natratioa, th Dir ctor or design aay iasu a non- r n w bl contractors liens • Such lien will be valid only for th installation, er ction or aovin of signs as specified on th permit. £or ny permit is i au d for a tgn which is locat ov r public ich aay r quir any work ov r public property, th er ctor shall City a certific te of insuranc fro a firm with corporat sur ty, d uthortz d to do busin ss in th St ta of Colorado, for public 11 bllity and pro rty d in aaounts tablish d by th Depart nt of not less than th foll 01 and cov rin the liability oft si er ctor with r sp ct to all rk p rforaad by hi• or his aa nta or aploy a : Ford n. • • • ... •' • •. • • 100,000 300,000 50,000 I • • • • - -4- §22.7-4 Permit for Group Signs. Persons submitting a plan for a group of signs which are designed as an integral part of a new Planned Development or a new single development occupying no less than 24,000 square feet of lot area, may be granted a 25% increase in number of signs or maximum square foot area subject to the approval of the Director of the Department. §22.7-5 Signs Not Subject to Permits. The following signs displayed for non-connnercial purposes, may be erected and maintained in all Zone Districts without a permit. Such signs shall be in addition to all other signs per- mitted in any Zone District providing such signs do not require direct electri- cal wiring, and conform to setbacks and other physical characteristic require- ments of the designated zone districts. Even though permits are not required for the following signs, wall signs shall be located only in the signable area, and window signs shall be counted toward the 25% maximum coverage. This restric- tion shall not apply to holiday decorations, or to short term advertising as provided in §22.7-10 e 6 . No permit shall be required for copy changes or maintenance to a conforming sign if no structural changes are made. a. Bulletin Boards. Bulletin boards for public, charitab le or religious institutions, which are not over twelve (12) square feet in area , and which are located on the premises of said institutions. b. Elec tion Signs. Election signs shall not be posted more than forty-f ive (45) calendar days prior to the election to which the sign relates, and shall be removed within fifteen (15) calendar days following the election to which the sign relates . Such signs are limited to wa ll , window and ground signs, and shall not be a banner of paper or cloth . In residential zone districts, there shall be no more than t wo (2) elec tion signs per each lot; they shall not exceed twelve (12) square feet of total sign area, and shall b no more than six (6) feet in hight bove grade. In Connner- cial and Industrial Zone Districts, there shall be no more than two (2) per each str et frontag ; they shall not exceed tw nty-four (24) square feet of total sign area. c. Flags. Flags of nations or an organization of nations, states and cities. d. Holiday Decorations. Sina in the nature of d corationa, cl rly incid ntal and co nly aaaociat d with ny national, local or religious holiday; provided that such ai na shall b displayed for a period of not more than sixty (60) cons cutive calendar days. Such ai ns may b of any typ , number, area, hi ht, location, illumination, or anillation, and shall b locat d so•• not to conflict with traffic r gulatory devic a. f. t d Buildings. Providin no aiana, symbols, 1 t rs, fi urea, etc., id nti yin an , a rvic , or product, occur on the buildin or th part o th buildin which is ill1.111inat d. • I • • • • -5- g. Memorial Signs. Memorial signs or 'tablets, giving the name of building and date of erection, when cut into any masonry surface or inlaid so as to be part of the building. h. Private Parking or Traffic Direction Signs. Signs giving parking or traffic directions or restrictions which do not require direct electrical wiring, provided that such signs are limited to: wall and ground signs, not more than two (2) signs per curb cut on the lot and not more than six (6 ) square feet per face in area, and not more than six (6) feet in height above grade. Not more than one (1) directional sign may be displayed at each curb cut. Such signs may be illuminated from a concealed light source which does not flash, blink, or fluctuate, and shall not be animated. i, Public Signs. Signs required or specifically authorized for a public purpose by any law, statute or ordinance. j, Signs Within Buildings. Signs within buildings that are not visible from the public right-of-way or are more than twelve (12) inches from the interior side of a window . k, Scoreboards. Scoreboards located on athletic fields. 1, Symbols. Symbols or crests of national, state, religious, fraternal, professional and civic organizations. m. Vehicle Consumer Information Signs. Signs on cars, trucks, or other vehicles displayed in coDDercial lots which give information as to price, emissions or mileage as required by state or federal law of such vehicles. These signs are limited to 25% coverage of window area. n. Works of Art. Works of art which in no way identify a product. 122.7-6 Signs Subject to Temporary Permit. The following signs aay be displayed in the designated zone districts under the conditions described, upon granting a temporary permit. a. Special Event Signs. In residential zone districts, special event signs are p rmitted in addition to all other signs allowed for a Permitted Uae. Such aigna shall be limited to one (1) wall or one (1) ground aign, subject to limitations described in this section and in 122.7-Ba; no more than tw lve (12) feet in height, and shall not exceed twelve (12) square feet in ar a, and shall not b displayed for more than thirty (30) calendar days. In coaaerciel nd industrial zon districts, one special event sign may be permitted in addition to all other aigna. Such aign shall be limited to wall, window or ground signs, subject to liaitations described in 122 .7-lOc 1, S, and 6, Such aian shall not b aore than twenty-four (24) square feet in area and shall not be displayed for aore than thirty (JO) calendar days. b. Str t B nnera, nn ra cross public thoroughfares announcing vents sponsored by the City, l•ood School Diatrict, Arepahoe County, or charitable organizations aay b authoris d by teaporary perait by the Dire tor. Such Street Bann rs shall be installed, reaov d and aaintain d by th sponsor. • I • • • • • -6- §22.7-7 Signs Subject to Yearly Registration. The following signs are additionally peraitted in all zone dis- tricts and shall be registered by the owner or lessor, with the Department sixty (60) calendar days after the effective date of this ordinance. This registration must be renewed on an annual basis thereafter and subject to the following conditions: a. Contractor Signs. A sign not more than twelve (12) square feet per face in area and not more than twenty-four (24) square feet in total sign area, which names the contractors or sponsors engaged in construction on the property where the sign is located. b. Real Estate Signs. Signs which advertise the sale, rental or lease of the premises upon which said signs are located. Such signs shall not ex- tend outside the property line and shall not be more than six (6) square feet per face in area. Signs which advertise the pre-leasing of a proposed develop- ment or redevelopment may be peraitted no more than two (2) signs and shall not be more than twenty-four (24) square feet per face in area. 122.7-8 Signa Prohibited in All Zone Districts. The following signs are prohibited in all zone diatricts and are declared a nuisance by the Department. a. Any ground sign within a triangular area of thirty (30) feet along two (2) sides of an intersection of curbs of two (2) streets, a railroad right-of-vay and a street, a driveway and a street, or an alley and a street, which does not have a clear area of seven (7) feet between the grade level and the bottoa of the sign unlaas approved by the City Traffic Engineer. b. Aniaated signs. c. Banner a, pennants, valances, and wind-powered devices. d. Billboards. e. Fla1hing or blinking signs, except for scoreboards and time and temperature devices. f. Portable signs. g. Outdoor diaplay of merchandise on public riabt-of-vay. h. Roof Ii ns. i. S arch 11 hts. j. Sign, painted on fencaa. k. Strina• of light bulb• u, din connection with coaaarcial pr .. iaee for coaaercial purpos s, other than traditional holiday decorations. 1. Third-party eians. a. WhHled advertidna devicH, except for peruoeat dpa on licenaed vehiclaa. • I • • -• • - -7- S22.7-9 Signs Permitted in Residential Zoninl Districts: R-1-A, R-l-B, R-1-c, R-2, R-2-C, R-3 and R-. . Signs which meet the following criteria may be constructed, displayed and maintained in the residential zone districts R-1-A, R-1-B, R-1-C, R-2, R-2-C, R-3 and R-4. a. Permitted Maximum Number. 1. Residential uses shall be permitted one (1) sign in addition to those permitted in §22,7-5b, c, d, and e. 2. Nonresidential uses shall be permitted two (2) signs in addition to those permitted in §22.7-5. b. Permitted Maximum Sign Area. 1. Single-family 1 Two-Family and Three-Family Residences. One (1) square foot in addition to the area of those permitted in §22.7-5b, c, d, and e. 2. Religious and Educational Institutions, Public Buildings and Residential Uses with Between Pour (4) and Thirty-Nine (39) Dwelling Units. Twei.ty (20) square feet or two (2) square feet of sign area for each one-thouaMnd (1,000) square feet of lot area; not, however, to exceed sixty (60) square feet of total sign area and provided that no one sign face shall exceed twenty (20) square feet in area. 3. Hoa ital Clinics Professional Offices or Residential Uses Kavin Port 40 or Hore Dvellin Units. Twenty (20) square feet or two (2) square feet of sign area for each thousand (1,000) square feet of lot area; not, however, to exceed ninety-six (96) square feet of total sign area for each lot provided that no one aian face shall exceed thirty-two (32) square feet. 4, Other Lawful Non-Residential Uses. Twenty (20) square feet of sign area for each use, provided that no one aian face shall exceed tan (10) square feet, c. Permitt d Sign Types . 1, Ground Siana. Ground siana ara paraitted only for reli&ious and educational institutions, public buildinaa, hospitals, clinics, pro- f aaional offices, or forty (40) or aore residential units, Such aian• sh 11 b no aore than fifteen (1~) feet in h•i&ht and shall be aat back ten (10) feet froa the property line •nd are subject to the liaitatioaa des- c ribed in 122,7-8a. 2, Marqu •, Canopy or Awing Sips, ill s1&u shall ba parallel to the face of the .. rqu .. , canopy or AVlliD& upoo vhich such •i&na ara dis- played and shall aot project above or balov tha face of tba MrquM, caoopy or wnin&, and shall only identify tba buaioeH by 11 .. 8IJIJ/or addrHa , 3, ProJ ctin& Siana. Nald .. area of tha dp ab&ll ba t ty- Civ (25) aquar f .. t par face ud the autaa baipt aball ba tvety (20) f t. uch aiau ahall ba located in tha "aip&bla aru" of tbe faced of th buUdin , 8IJ/J a,at not ob ur Mjor arc:bitactural dataila or utcaod • I • • • • • -8- above the roof line. Such signs shall have a clearance of ten (10) feet from grade level to the bottom of the sign. Maximum projection shall be thirty (30) inches from the building to which it is attached. If a sign projects more than thirty (30) inches over the public right-of-way, an encroachment agreement must be obtained from the City. Where a projecting sign has two (2) or more display faces, all faces shall be included in determining the area of the sign. 4. Suspended Signs. Suspended signs shall not exceed four (4) square feet per face in area; 1hall be separated by a distance of fifteen (15) feet and shall have a ainiaua clearance of seven (7) feet above grade level to the bottom of the aign. Such signs shall be limited in content to identification or address of the buaineaa. 5. Wall Signs. Wall signa ahall be no greater than twenty (20) feet in height, shall not project more than twelve (12) inches from the face of the building to which it ia attached and ahall not extend above the roof line or the parapet wall . 6. Window Signe. Window signs ahall not occupy more than 25% of the window in which they are diaplayed and ahall not be diaplayed in win- dows above the firat floor level . d. Peraitted Illumination. All aigna deacribed above except home occu- pation aigna aay be illuainated, but only from a concealed light ,ource . Signs shall not reaain illumiruited between the houra of 11:00 p .a. and 7:00 a.m., except aigna peraitted for aedical services and public aervices such as police and fire, which are provided on a twenty-four hour baaia. e. Signs Additionally AllQWfld 1. Hoae Occupation Sian. Hoae occupation aign not more than one (1) aquare foot in area, whic h i s affixed to the building, and which ia unlighted and unaniaated. 2. Hi&h-aiae Buildin& Identification Wall Siana. For aulti- atoried building• in exceaa of the aaxiaua heiaht peraitted in the 1-3 Zone Diatrict, additional wall aian area ahall be peraitted for building identification purpoaea in conforaance ¥1.tb the acbedule set forth below. Sin area ahall be baaed upon a square foot•&• factor aultiplied by hori- zontal lin ar footaae of tha buildin& iacade at the elevation of the facade wh re th aign ia placed. a) Por ai na located froa aixty (60) feet to one hundred (100) feet in hei&ht, the fect~r aball be five {S) aquare f .. t. b) for as.pa located froa one hundred 01Mt (101) to on hundred fifty (1SO) fM in bei&ht, the factor ahall be aix (6) aquare fe t. c) for • located one h1.1ndred fifty-one (1Sl) f t to o hundred (200) feet in hai&ht, the factor ahall be aeveo (7) aquare f Nulti-atori buildi .. Y p raitted identification wall ai a o t ala provided "1 e..-r .. rapbe 1 throqb 3 for each IMiildin ~---~-~--------~--·----------- t. I • • ....... • - -9- f acade visible from a public right-of-way. Wall sign areas permitted by this subsection for one facade may not be used for any facade other than the facade for which such allowance is granted and shall be exempt from §22.7-11 a 3. Such signs shall not count against maximum sign area, or maximum number of signs. 3. Identification S..!.&e!.· Signs limited to name of occupant, address of premises and no more than four (4) square feet per sign in area. Such signs are limited to no more than one (l) per street front, and may be illuminated only from a concealed light source. Such signs do not count against maximum sign area or number. §22.7-10 Signs Permitted in Commercial and Industrial Zone Districts: B-1 and B-2, I-1 and I-2. Signs which meet the following crit.eria may be constructed, displayed , and maintained in commercial and indu~trial zones B-1, B-2, I-1 and I-2. a. signs if signs if five (5) gr~ater. Permitted Maximum Number. Each permitted use may have three (3) the linear foot of the street frontage is 150 feet or less; four (4) the linear foot of the street frontage is 151 feet to 300 feet; signs if the linear foot of the street frontage is 301 feet or b. Permitted Maximum Sign Area. l. For All Permitted Uses: a) For a Lot Havina One Permitted Uae. For the Permitted Use, the maximum aian area ahall be aiahty (80) aquara feet or as calculated from the table herein: Street Frontage l foot to 100 feat 101 feet to 25 0 feet 251 feet+ Sign Area/Foot of Street Frontage 1.5 sq . ft./1 foot 1.0 aq. ft./1 foot 0.4 aq. ft./1 foot No aingla aign face ahall exceed one hundred (100) aquara f .. t in r a, except aa provided in Section e 2 and 7 hereof, nor ahall th totAl aign area of any uaa exceed aix hundred (600) square feet. b) For a Lot Havin Two or Hore Peraitted Uaea. For each P rmitt d Uae the aaxiaua aign area ahall be aiahty 80) aquara feat or aa calculat d from th tabla herein : ar a any Buildin& Front 1 foot to 100 f t 101 f t + Sign Area/Foot of Buildin& Front l.S aq. ft./1 foot 1.0 aq. ft./1 foot o ain la •1'n f ac shall c don hundred (100) aquara f tin aa provid din 1 22.7-10 • 2 and 7 nor h 11 lh total eiRn r a or d eix hundr d (600) quar f t. • ) I • • • • - -10- c. Permitted Sign Types. 1. Ground Signs. The maximum height of a ground sign shall be twenty (20) feet. The distance between signs on adjacent lots shall be not less than the height of the taller sign. If there is more than one business in a building or if a group of buildings are associated by ownership, no ground signs are permitted except Joint Identification Signs. Where a ground sign has two (2) or more display faces, all faces shall be included in deter- mining the area of the sign. 2. Marquees, Canopy or Awning Signs. All signs shall be parallel to the face of the marquee, canopy or awning upon which such signs are dis- played and shall not project above or below the face of the marquee, canopy or awning, and shall only identify the business by name and/or address. 3. Projecting Signs. Maximum area of the sign shall be twenty-five (25) square feet per face and the maximum height shall be twenty (20) feet. Such signs shall be located in the "signable area" of the facade of the building, as described in 122.7-lla 3, and must not obscure major architectur- al details or extend above the roof l ine. Su c h signs shall have a clearance of ten (10) feet from grade level to the bottom of the sign. Maximum projec- tion shall be thirty (30) inches from the building to which it is attached. If a sign projects more than thirty (30) inches over the public right-of-way, an encroachment agreement must be obtained from the City. Where a projecting sign has two (2) or more display faces, all faces shall be included in deter- mining the area of the sign. 4. Suspended Signs. Shall not exceed four (4) square feet per face in area; shall be separated by a distance of fifteen (15) feet and shall have a minimum clearance of seven (7) feet above grade level to the bottom of the sign. Such signs shall be limited in co ntent to identific a- tion or address of the business. 5. Wall Signs. Wa ll signs shall be placed on ly in "signable a reas" of a building facade except as specif ied in 122. 7-10 7. "Signable Area" of th buildin means ny area of the facade of the building up to the roof line whi ch is fr e of windows a nd doors or major architec t ural detail. The area of the wall sign ust not exceed 40% of the identified "signable area". Wall signs may not project 1110re than eight n (18) inch s from the supportin wall . Wall si n1 may not xt nd above the roof line or parapet wall. 6. Window Signs. Window 1igns 1hall not occupy mar than 25% of the total ar a of th window in whi ch they are displayed. This 25% maximum co verag shall include all aigna exc pt short t rm advertising signs re ardla1s of wheth r it ii count d for sign ar allow d or not. Si n1 dis- ply d twelve (12) inch I or la11 fr th interior of wind 1 1hall be debited s ainst th aquara foot ar a and numb r of si na allow d a paraitt d use. Window 1igns ara not peraitt din wind I abov th first floor. d. Paraittad Illumination. Si I in eo-rcial nd Industrial Zon s may illuainatad, but all direct ill !nation shall not exce d tw nty- fiv (25) watts pr bulb. s11ns Addition Th foll in& sins are also all d in co r ial and indu ubj t to th conditions stat d, • I • • • • • -11- 1. Drive Thru Identification Signs. Each Permitted Use with a sheltered drive thru facility may have one (1) identification sign attached to the shelter structure subject to the limitations of §22.7-lla 3. Maximum sign area shall be ten (10) square feet for each lane of the drive thru facility. Such signs shall not count against maximum sign area or number. 2. High Rise Building Identification Wall Signs. For multi- storied buildings in excess of the maximum height permitted in the B-1, B-2, I-1 or 1-2 Zone Districts, additional wall sign area shall be permitted for building identification purposes in conformance with the schedule set forth below. Sign area shall be based upon a square footage factor multi- plied by horizontal linear footage of the building facade at the elevation of the facade where the sign is placed: (a) For signs located from sixty (60) feet to one hundrej (100) feet in height, the factor shall be five (5) square feet; (b) For signs located from one hundred one (101) feet to one hundred fifty (150) feet in height, the factor shall be six (6) square feet; (c) For signs located one hundred fifty-one (151) feet to two hundred (200) feet in height, the factor shall be seven (7) square feet. Multi-storied buildings may b permitted identification wall signs for each building facade visible from a public right-of-way. Wall sign areas permitted by this subsection for on facade may not be used for any facade other than the facade for whi ch such allowance is ranted and shall be exempt from 122. 7-ll a 3. Such si ns shall not count ainst maximum sign area and number. 3. Identification Signs. Signs li it d to name of occupant, ad- dress of premises, and no more than four (4) squ r f t pr sign in area. Such signs are limited to no more than on (1) pr stre t front, nd may b illuminated only from a concealed light ourc • Such sins do not count against maximum sign area or number. 4. Joint Identification Signs. Joint Id ntification Signs are p rmitt d for two or more Permitt d Uses on th aam lot as th sign. If two or more business s occupy th s buildin , or a roup of buildin 8 are associated by ownership, no ground signs ar p rmitted except Joint Id ntification Signs. Each individual id ntification within the Joint Id ntification Sign shall b uniform in aiz , typ and style except for the nam of the develop nt. Th followin Joint Identification Signs are in ddition to all other aigna in terms of aaxim ai area d num r. a) Permitt d Ar a of Joint Identifi aquar foot of 1ign area for ach two (2) lin ar f provided, h v r, that no sin la ai n shall fe t pr face. and that th total ar o( th shall not exce d two hundr d (200) aqu r r t. tion Signs. On (1) t of atre t fronts& one hundr d (100) aquar Id ntification sign I • I • • • -12- one-half (1/2) square foot of sign area for each linear foot of the front lot line, or one (1) square foot of sign area for each linear foot of build- ing front for a lot having two (2) or more Permitted Uses. 6. Short Term Advertising Signs. In addition to other signs allowed in a Permitted Use, each business or designated use may be permitted short term advertising signs, provided such signs are limited to window or wall signs. Window signs shall not cover more than 20% of the window area above that specified in 122.7-Dc 6. Wall signs shall not be greater than fifty (50) square feet in area and subject to the limitations of §22.7-lDc 5. All such signs shall be limited to a two (2) week period after which a permit will be required. Such signs shall show the date of installation or display. 7. Signs Set Back from Public Right-of-Way. For buildings with building frontage of fifty (50) feet or less: The permitted area of only one sign fac~ may be increased at the rate of one- third of one percent (.0033) for each additional foot of distance beyond the first one hundred (100) feet of building setback and based on the great- er of eighty (80) square feet or as calculated in 122.7-llb 1 (b), but in no case greater than one hundred (100) square feet. In no case may the increase be more than one hundred (100) percent of the maximum permitted sign face area and the additional sign area calculated herein shall not count against the maximum sign area and may exceed forty (40) percent of the signable area. The increase in sign face area will be granted for a sign face which shall be placed at the setback distance as used in the calculation herein. For buildings with building frontage of fifty-one (51) feet or more: The permitted area of only one sign face may be increased at the rate of one-third of one percent (.0033) for each foot of distance beyond the first one hundred (100) feet of building setback and based on the greater of eighty (80) square feet or as calculated in 122.7-lOb 1 (b), but in no c se greater than one hundred (100) square feet. In no on c se may the increas b more than one hundred (100) percent of the maximum permitted sign f ce area and the additional sign ar a calculat d herein shall not count against the maxilllum ai n area. This incr as in ai n face ar a shall b grant d for a sign which ahall be plac d at the s tback distanc as used in th calculation h rein. a. Area to b aur d. Th ar confor.ance with the regulation aa herein aet forth, structure or bracing of a aign ahall b olllitt d auch atru ture or bracin ia aad part of th Wh r a aign haa two or aor display facea, th includ din d tenainin th ar a o th ai outlin • r a, parta not I • • • • -13- 2. Signs Without Backing. The area of signs consisting of indi- vidual letters or symbols shall be measured by determining the sum of the area of the smallest single continuous rectangle enclosing the extreme limits of each message, including all frames, face plates, non-structural trim or other component parts not otherwise used for support. 3. "Signable Area". Signable wall area is a continuous portion of a building facade unbroken by doors or windows or major architectural features. It is calculated by selecting a continuous surface, then drawing an imaginary rectangle within specified height limitations and computing the square foot area of this rectangle. Persons displaying signs attached to a building may determine the "signable area" to be used by choosing any such area on the building facade for the display of signs. Signs may not cover more than 40% of this area. If, because of the design o f the building, a signable area cannot be identified, the Department and the applicant will determine a suitable area for signage. 4. Irregular Outline. In the case of an irregularly shaped sign or a sign with letters and/or symbols directly affixed to or painted on the wall of a building, the area of the sign shall be the entire area within a single-continuous rectilinear perimeter of not more than eight (8) straight lines enclosing the extreme limits of writing, representation, emblem or any figure of similar character. b. Number of Signs. Each continuously enclosed area o f a s ign face, either by outline or by an imaginary line, shall be considered one sign. Signs which have more than one sign structure attached t o a common suppo rt or wall may be counted as a single sign, or as several s igns ; however, i f counted as one sign, the total surface area o f such multip le unit signs shall include vertical and horizonta l s pac ing b e tween s igns . 122 .7 -12 Maintenanc e . Every a i gn , inc l udin t ho& s p cifically xem p t from t hia aect i on i n r sp c t t o permi t s and p na it f a, shall be maintai n din ood condit i on at all times. All s i gn• ah all b k pt n atly paint d , includin all m t l pa rt s and a upp ort a t h e r eof that ar not alvaniz d or of rust-reaiatant aetala . l11 e Director or hia or her design e , shall insp ct and ahall have the auth or ity to order he paintin , repair, alt ration, or r oval of e sign wh i ch ia not in conformance with this ordinance by reaaon of safety, h alth , or public w lfar, or by rea on of ind quate .. int nanc , dil pida- tion, or obaoleacence. 122.7-13 onconforming Signe. Any ai n which waa eff ctiv date of thi Ordln tion1 e1tabli1hed by thi1 oua or abandon , 1hall b condition•: •• hall xi1U d and maintain d prior to th do I not conform to th limita- thoa 11 na prohibit d, h zard- nd aubj c to th oll in All I • • • • • -14- registration and notify the owner or lessee of the sign or the owner of the property on which the sign is located requesting verification of the regis- tration information. If no valid permit exists for the nonconforming sign or if insufficient information in available, the owner or lessee of the sign or the owner of the property on which the sign is located will be notified and must register the nonconforming sign or provide the necessary informa- tion within thirty (30) calendar days of receipt of the notification. b, Termination of Nonconforming Signs. Any noncon forming sign shall be brought into conformance or shall terminate and cease to exist within ten (10) years from the date a permit was issued. If seven (7) years or more has passed from the date a permit was issued to the effective date of the Code, then the sign must be brought into conformance or terminate and cease to exist within three (3) years from the effective date of the Code . Any non- conforming sign without a valid permit must be brought into conformance or terminate and cease to exist within three (3) years from the effective date of the Code. In addition, a nonconforming sign must be brought into conform- ance or terminate and cease to exist if any one of the following conditions occur: 1. Whenever the sign is damaged more than 50 % of its total replac e- ment value, or destroyed from any cause whatsoever, or becomes obsolete or substandard under any applicable ordinance of the municipality, to the extent that the sign becomes a hazard or a danger. 2. Whenever the ownership of the property c hanges on whi~h the non - conforming sign is located. 3. Whenever there is a change in the lessee, ownership of the business or use to which the sign pertains. 4. Whenev er there is a request made for a permit to change the sign. 5 . When ver there is a request for pe rmit to mak improv m n ts to the facade of the building on whi ch the non-conformin g s i n is locat d. c. Nonconforming Signs in Newly Ann x d Are as. Any r or operator of a non-conformin ai n in a newly annexed area shall terminate uch non- confo rming sign in accordanc with th r quirements of this section, with th effectiv e date of th ann xation ordinance being the atart of th tim limita- tion. d, Appeal,. r or 1 •• of a ai n, or th er of th prop rty on which la located wh o haa b n notifi d by th Department that such aign ia non-conforain aay appeal that deciaion to th Director or deaign e, within tw nty (20) daya of th rec ipt o such notice. Th appal ahall contain th appellant '• nam and addr as , th d ciaion pp al d, and a brief xplanation "'hY th appellant should not b to coaply with th doe nt appeal d. Th dir ctor ordain aay inforaally with th app llant to xchan • n ceaaary information and ahall iaau ad iaion in Wl'itin to th app 11 n at hia ddreaa atated in th appeal. I th d th Dir tor or d ai n ta n t tia a tory to id r o l , within thirty ( 0) day• o th Dir tor'• d ciai n, h .. y apply or a vari n froa h ard o Adjuataent nd App ala • pro- • I • -• • • -15- vided for in §22.2-6 of the Comprehensive Zoning Ordinance . §22.7-14 Prohibited, Hazardous and Abandoned Sign~ -Enforcement Pro- cedures. It shall be unlawful to display, construct, erect, enlarge, move or maintain a prohibited sign within the City. more be unlawful to display, construct, erect, enlarge, move hazardous or abandoned sign within the City. alter, remodel, It shall further- or maintain a a. Notification of Unlawful Signs. Notice shall be given by Certified Mail or personal service to the owner or lessee of such unlawful signs and to the owner of the property on which such unlawful signs are located. Prohibited signs as described in Sectioo 22.7-8 shall be declared a nuisance by the Departaent. The notice shall require that prohibited signs be brought into conformance with this Ordinance or be re110ved within one hundred eighty (180) days after the notice has been received. Signs prohibited in 122. 7-8 d. j and 1 ahall be re110ved within three (3) years from the date the notice is received. This section shall not be applied to require the removal of any. sign for which it is lawfully required, by Federal oc State Constitution or statute, that compensation be paid by the City for sign removal, unless the City elects to pay any compensation lawfully required. Hazardous sians are tho .. which by reaaoo of inadequate aaintenance, dilapidation, or obsolescence, create an iaainent ha&ard to public health, safety, or welfare, as declared by the Departaent; thoae sians are further declared a nuisance and shall not be displayed or erected within the City, The no t.ice shall require ha&ardous sian reaoval within ten (10) days. Siana abandoned for a periud of thirty (30) days ah&ll bed clared abandoned si&n• and a nuia&Dce by the DepartMnt; abandooed sipa shall not be displayed or aaintained within the City. The notice shAll require abandoned sign reaoval within thirty (30) days. b. Appeals. The owner or leaaee of a sip or the owner of the property on wh ich a si&n is located wbo baa been notified by the Departaent that such sign is prohibited, abandoned or ha&ardou. aay appeal that deciaion to the Director or daaian•• within twenty (20) daya of the receipt of aucb notice, except for haaardoua aian• appeal ll&Mlt be vitbin fiva (S) deya. Tha epp al aball contain tha appeallant 'a naae and addraaa, the deciaion being appealed, and• brief explanation why the appeallant abould not be required to coaply with the doc~t appealed , The director or deaipea -Y ae t inforaally with the app .. llant to axcbanae n.ac .. aary inforaation and shall issue a decision in vritina to the appellant at bi& address stated in the app al. If the decision of the Director or duianee 1a not aaciafectory to aid owner or lessee, vitbin fiftaen (l.S) daya .. y apply for a veri&DC:e froa the Board of Adjuat:Mllt &ad Appeal• u provUed in 122 ,21 of the rebanaive ZOIIJ.D.& Ordia&Dce, except for b&a&Noua aipa in vlll.cb CaM th Dir tor'• deciaioo la fiaal. I • • • - -16- c. Failure to Comply with Notices. If the owner or lessee of a pro- hibited, abandoned or hazardoua aign or the owner of the property on which such sign is located fails to coaply with notice given pursuant to this section within the time specified, the City Manager or his deaignee is authorized to cause the action required by ordinance, which aay include removal of the sign by the City. All coats incurred by the City plua an adainiatrative cost of fifteen percent (15%) of tha direct coats shall be charged against the real property and its owners. d. Notice-of Costa. If the City incurs coats taking action required~~~ by this section, a atatement ahall be prepared for tha entire coat plus fifteen percent {15%) adminiatrativa coat&, and be mailed by certified mail, return receipt requaatad, to tha ovnar of tha property on which the sign is located with instructions that said atatement will be paid in full plus costs within thirty (30) day a of said aailin& date. The notice shall also inform the property owner that tha failure to pay tha atataaent for coats for sign raaoval within sixty (60) daya ahall raault in an aaa ..... nt being made against the property which ahall constitute a lien purauant to 122.7 of the Comprehensive Zoning Ordinance of tha City of F.nglewood. e. Aaaea ... nt. If the full aaount of the atat-t relatina to sign removal froa realty ia not paid within aixty (60) days, tha City Manager shall direct tha Director of Finance to aaaaaa the entire aaount of tha statement plus an additional twenty-five percent (25%) panalty againat tha specified realty. After aaaaa ... nt by tha Director of Finance, a copy shall be aant to each owner of record of the aaaeaaed r .. lty, Tha ........ nt ahall contain a legal deacription of the praaiaea, the axpenaaa and coata incurred, and the date of aian raaoval, and a notice that tha City clailla a lien for this amount. Tha Director of PiDaaca ahall certify auch aa ... aaant to tha County Traaaurar who ahall collect auch aaa .. aaant in the•-aannar aa ad valor• taxaa are collected, f, Aaaaaaaanta: Proa tba data of tha aaaeaaiA& atataaant, all aaaaaa- manta ahall conatituta a perpetual lian aaainat the apecified realty and ahall have priority over all liana axcaptin& aanaral ~ liana and prior spacial aaaaaaaanta. No dalaya, aiatakea, arrora or irrqularitiaa in any act or proceadin& authorised barain ahall prajlMlica or invalidate any fiDal aaaaaa- •nt; but the a ... aay be r~ied by the Director of Pinanca, aa the cue may require, upon applicatioll aada by the property OVQer or other intaraatad parson. Whan ao r~ied, the ._ ahall tau affect aa of the data of the original aaaaa ... nt by the Director of PiDaaca. g. Other a..diaa , Ally wapaid cbna• pllMI all coat• and pecaltiaa ahall constitute ad bt du the City. Tha City Attorney ahall, at tba dir- ction of the City Kanaa•r, iAatltula civil auit in tba n... of the City to recover auch charg .. , coat and pan&lli Tha City .. y prevent by illjUACtioo and require raaoval of any ai erected without a penu.t . Thaaa r~iaa ahall ba cumulative with all other r~iu, iDcllMlilla proaecutiOG ill Municipal Court for .. ch violatioo of tbia chapter purauant to tha provtaioGa and p naltiaa aatablia by Titl 1, ptar 2, of tha 1 69 l,N,C. 122.7-15 Savarabllity. arul . 1f u.y part of tb cod j~ of a court of coapet- 1a1oo aball aot elf t •Y port.loo of t code 1 be ia full fo ca &Dd aft t aa U a part of CM •· I • • • • -17- 22.7-16 Definitions. Animated Sign. Any sign or part of a sign which changes position by novement or rotation or gives the illusion of such change of position. Awnings. A shelter supported entirely from the exterior wall of a building and of a type which can be retracted, folded or collapsed against the face of the supported building. Billboard. An off-premises, outdoor advertising display, usually a rigidly assembled sign, permanently affixed or attached to the ground or a building and used as a conmercial sign not pertaining to the premises. ~PY· A roof-like structure which is attached to a wall or walls of a build ng and lllily be provided with ground supports. Usually of a lighter material than a marquee. Conmercial Sign. A sign which conveys information predominantly related to the economic interests of its proprietor and its audience; or a sign which proposes a conmercial transaction; or a sign which conveys information for the purpose of inducing or permitting its audience to enter into a conmercial transaction. Concealed Light Source. An artificial light intended to ill1.ninate the face of a sign, which light is shielded from public view and from adjoining properties. Department. 1'ie Department of Colmunity Developnent. Director. Director of the Department of Colmunity Developnent. Display surface or Face. 'nle area made available by the sign structure for th purpose of displaying a message. Distance of Sign Projection. 'nle distanc from the exterior wall surfac of the building, or from the furthest point on a mansard roof, to th display face of a wall sign. Drive 'nlru Identification Si~. A sign which identifies a driv thru facility and the &islne to whic it belongs. Election Sign. A sign providing information regarding elections, canclidat , or issues ooncerning such elections. Ext rior Will Surfac. Themot exterior part of aw 11, un r n, or ny acr nlng or material oovering a building. rted by pol s, uprights or brae ex nded on ~ ground; bu no a tached to par o I • -• • - -18- Ideological si1n. A sign which has as its dominant theme or purpose the expression of a rei:gious, political, social, philosophical or other ideological message. Ill1m1inated Sign. A sign lighted by or exposed to artificial lighting either&; lights on the sign, within the sign, or directed toward the sign. Individual Letter Sign. Letters or figures individually fashioned from metal or other materials and attached to the wall of a building or other surface; but not including a sign painted on a wall or other surface. Joi nt I denti fication Sign. A s i gn wh ich serves as a C0111110n or collective identification for two or nore bus i nesses or industrial uses on the same lot. such sign may conta i n a director to sa i d uses as an integr a l part thereof, or may serve as genera l i dent ificat i on only for such developnents as shopp i ng centers, industr i a l parks and the like. Majo r Ar chitectura l De t a il . Distinguishable design f eatures of the f acade of the bu ild i ng such as windows, doo r s, ba lcon i es, co lllnllS, o r patterns or de signs formed a t the time of construction by the bu ilding mater i a l. Hanserd Roo f. An a rchitectural f eature which is a steep roof s truc ture which is a portion o f a roof structure or i a attache d t o the wal l o f a building. Hansard Roof Si&n. A eign attached to the aide o f a Hansard roof . Ma r quee. A r iaid, roof-like struc ture , uaually o f glus . -tal or wood construction , a t t a ched to a wa l l o r wa l l a o f a building or s truc ture and aupp orted by the building or s truc ture whic h aay o r aay not have ground eupporte. Marquee Sia n. A eign attached to, painted on, or erected against the face of the aarquee. Nonconfonain& Sim, Any eian lawful when erected but which, on the e f fec tive date of thie Ordinance, doea not c onfora to th• liaitationa eatab- liehed by thie Ordinance . Parapet Wa l l . That part of any wall which extends entirely above the roo f line. Portable Si • ltAy ai o which ia not peraanently affixtld to a buildin&, s truc ture. or t around, except aiana painted on or aaanetically atta ched t o any licenaed vehicle . A eip other than a wall aip which projecta froa and ie • I • • n • • • -19- Roof Line. The highest point on any building where an exterior wall enc loses usable floor area including roof area provided for housing mechanical equipment. Roof Sign. Roof sign shall mean a sign erected upon or above the roof line or parapet of the building or structure, except that signs located on a mansard roof shall be considared a wall sign. Short Term Advertising Signs. Signa which advertise the sale of pro- ducts or services on a short tera basis. Sign. Any object, device or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract the atten- tion to an object, person, institution, organization, business, product, service, event or location, by any .. ans including words, letters, figures, design, symbols, fixtures, colors, aotion, illuaination or projected images. If for any reason, it cannot be readily determined whether or not an object is a sign or a particular category of sign, the Department shall aake such deteraination based on the criteria of tbe sign coda. Sign With Backing . Any sian that is displayed upon, aaainst, or through any material or color surface or backing that foraa an intearal part of such display and diffarantiatas the total display froa the backaround aaainst which it is placed. Sign Without Backing. Any word,1',lettar, eablem, insignia, figure of ' similar character or group thereo f , that is neither backed by, i ncorporated in or otherwise aada part of any longer display . Signable Area. The signabla area shall aaan that area of a building facade up to the roof line which is free of windows and doors or major architec tural detail and aay be enclosed by an illaginary rectangle. If, because of the dasian of the building, a ~ignabla area cannot be identified, the Departaent and the applicant will datel'lline a suitable area for signage. Sp cial Evant Sign. A sign which announces an avant sponsored by a public, civic or charitable aroup. Suapendad Sign. Asian susp ndad froa the cailina of an arcade or marquee. Third-Party Sian. A sign ralatina to products or servicas not on the same lot. Wall Sian. A aian attached to, psi.nted on, or erected •&•inst a wall of• building, the display surface of which ia parallel to the face of the buildina to which the •ian is att11ched. A aanaard roof may be considered a wall if the top edas of a sian a~tachad to it extends no aora than tv nty-four (24) inches froa the mansard roof surface . . :----------------.. • I • • • • • • • -20- Wind Sign. Any sigu set in aotion by vind or breeze, such as banners, flags, pennants or other objects or material. Flags of nations, states or municipalities shall not be classified aa Wind Sigua. Window Area. The area of all windows on the firat floor of a building which faces or are visible froa one public ri&ht-of-vay. Window Si&D• A aign which ia applied or attached to, or located within twelve (12) inchaa of the interior surface of a window; which sign can be seen through the vindov froa the exterior of the structure • • I • • - • • • • • • of Introduced, read in full and passed on first reading on the~ day April , 1982. Published as a Bill for an Ordinance on the ~ day of April 1982. Read in full as amended on the lliL day of June , 1982. Published in full as amended on the ~ day of June , 198 2 . 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 ~lete copt of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 5th day of April, 1982, published as a Bill for an Ordinance on the 7th day of April, 1982, read in full and passed as amended on the 21st day of June, 1982, and published in full as amended on the 23rd day of June, 1982. Gary R. Hi gbee • I • • - • • • • 7 E RESOLUTION NO. SERIES OF 1982'~~~- A RESOLUTION ACCEPrING RESIGNATION OF LORETTA B. HUFFINE AS ASSISTANT CITY ATTORNEY. WHEREAS, a contract with Loretta B. Huffine was previously approved by City Council whereby Ms. Huffine would provide services as Assistant City Attorney on a part-time basis; and WHEREAS, Ms. Huffine has since submitted her resignation. NO¥, 'lliEREFORE, BE IT RESOLVED BY 'lliE CITY COUNCIL OF THE CITY OF ENGLElt«JOO, COLORAOO: '!hat the resignation of Loretta a. Huffine as part-time Assistant City Attorney be and hereby is accepted effective June 16, 1982. ADOPI'ED AND APPROVED this 21st day of June, 1982. Attest: Eugene L. Otis, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood , Colorado, hereby cerq,f:t' that the above is a true, accurate and complete copy of Resolution No._£§_, Series of 1982. Gary R. Higbee • I . • RESOLUTION NO. j q SERIES OF 1982~~- • • • A RESOLUTION APPOINTING PAUL C. BENEDETTI SPECIAL COUNSEL FOR REDEVELOPMENT MATTERS. WHEREAS, URA has r ecoovnended a plan for do wntown develoµnent; and WHEREAS, there is a desire to negotiate develoµnent agreements; and WHEREAS, there is a need for special expertise. NC,,..,, 'IllEREFORE, BE IT RESOLVED BY 'Ill£ CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORAOO : 1. That the law firm of Paul C. Benedetti is hereby appcinted special Assistant City Attorney. ADOPTED AND APPROVED this 21st day of June, 1982. Attest: Eugene L. Otis, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above is a true, accurate and complete copy of Resolution No._, Series of 1982. Gary R. Higbee • I • • - • • • • .. C O U N C I L C O M M U N I C A T I O N GOLF COURSE CLUBHOUSE DATE June 16, 1982 AGENDA ITEM SUBJECT LANDSCAPING AND SPRINKLER SYSTEM io- IN l T IATED BY City Manager ACT I ON PROPOSED Award of construction contract for go 1f course clubhouse landscaping and sprinkler system BACKGROUND The new clubhouse is rapidly approaching completion . The new entrancewa y at Ox ford was recently constructed, and the time has come to install the sprinklers an d lan d- scaping in the areas ad j acent to the clubhouse and parking lot . FINANCIAL The approved bu dg et for this pha s e of the overall gol f course proj e ct is $50,000. RECOMM ENDA TION Ten bids were r e ce i ve d , as f ollows: Bidd er Landscaping Sprinkler Sistem Total Sa Bell's, Inc. $22,000.00 $1 0,000.00 $32,000.00 Colorado Sprinkler & Land- scape 24,529.00 7, 50.00 32,479.00 The Landscap Workshop, Inc. 28,666.00 7,500.00 36,166.00 Valley Crest Landscape, Inc. 26,773.00 9,9 .00 36 ,728.00 W.W. Wilmore Nurs e ries, Inc. 28,410.50 8 , 70.00 37,080.50 *A-1 La wn Mtce. & Landscaping 32,484.00 8 ,000.00 40,484.00 Arrow •J• Landscape & Design, Inc. 11,700.00 29,550.00 41,250.00 Colorado Water Systems, Inc. 31,136.00 11,000.00 42,136.00 Reed r's Landsca pe & Sprinkler Corp. 38,550.00 9,435.00 47,985.00 Acu-Rain, Inc. 38 ,700.00 15,120.00 53,820.00 *Mistak in addition; figure g1v n was $40,500.~0 The Engi ne r's est1mat wa $45,000 .00 total • • I • • - • • • • -·--------------------------------------. • -2- It is reco11111ended that the construction contract for this phase of the golf course be awarded to the low bidder, SaBell's, Inc., in the amount of $32,000. It is also requested at this time, in light of the extremely low bid prices, that we be allowed a contingency on this phase of construction in the amount of $5,000 to construct some additional railroad tie retaining walls and planting areas that would greatly improve the overall landscaping theme. SaBell's is an established landscaping and sprinkler firm. Parks & Recreation Department personnel are familiar with thier work, and feel that they are well- qualified to accomplish this project. RK/lo SUGGESTED ACTION : MOVED BY SECOND YES 0 ABSENT • I • • • • • C O U N C I L C O M M U N I C A T I O N DATE June 15, 1982 AGENDA ITEM g SUBJECT CARD-CONTROLLED FUEL MANAGEMENT SYSTEM INITIATED BY Kells Wa oner Director ACTION PROPOSED Award of bid for card-controlled fuel management system Background In January, 1982, City Council authorized an award of a contract for the equipment necessary for the conversion of 90 vehicles to compressed natural gas. The system is complete, and to date, 25 vehicles have the alternate fuel capability. Council authorized a total expenditure of $190,000 which included the initial bid plus some additional work such as concrete pads, gasser- vice line, electrical service, and a card control system. To date, we have expended $168,084.82. Money was saved on the concrete pads and on the gas service line by using Street Divi sion personnel for some of the labor . There is approximately $21,900 remaining in the initial authorization. Considerations Bids have been received and analyzed for a double card control system that would provide, as a minimum, the following functions to manage fuel usage: l. One card to monitor the vehicle by unit number 2. One card to monitor the employee by name 3. Fuel usage can be restricted by type or quantity per vehicle, per person, and pr department. 4. Odometer readings would have to b recorded before fuel could b disp ns d. 5 . Vehicles, by unit number, c n bed ni d fuel whe n necessary for control of such things as overdu maintenance ch cks. 6. Fuel usage information is automatically stored in computer form for month-nd reports nd billing to us r departm nts. 7. B tt r inventory control on fu l aland and th • I • • - • • • • • -2- four natural gas hoses. The total cost is $31,780 as submitted by Littlejohn Equipment Co. The other quote received was from Kubat Equipment Co. and was $140 higher. It is my understanding that three bids were solicited but only two responded. The additional money for the installation should come from the Servicente fund since we are upgrading that system and it is not a part of the natural gas system as requested in January. Recommendation It is recommended that the contract for the Card-controlled Fue l Management System be awarded to the low bidder, Littlejohn Equipment Co. in the amount of $31,780. KW/lo • I • • • • • C O U N C L C O M M U N I C A T I O N DATE AGENDA ITEM June 16, 1982 C ACTION PROPOSED Council to approve and award contract for coostructioo of 915 service piping and anc i llary equipment to Economy Mechanical Industries, Inc ., Denver , CO INTRODUCTION : The Wastewater Treatment Department is requesting approval and award of a construction con t ract to the low bidder (of three), EconOlll}' Mechanical Industries , In c., 4401 Vine Street, Denver, CO 80216 for a Sllll of $27,340 .00 . BACKGROUND : Earlier this year the City Council approved i n pr i nciple construct i on of a natural ga s line and ancillary equipment to prov i de a reliable fuel source and startup capabilities for the emergency power generation fa cil i ties at the Littleton/Englewood Wastewater Treatment Plant. The s e fac i lities are nece s sary to assure reliable standby power at the Wastewater Treatment Pla nt, wh ich i s r equired by the NPDES Di s cha rg e Pennit i s sued by the State of Colorado t o the Ci t i es of Littleton and Englewood . FINANC IAL DETAI LS: The cos t es t ima t e fo r this wor k wa s $30,000 . We re ceive d bi ds f r om t hr ee contractors as f oll ow s: 1. Economic Me chanical Industries, Inc. 44 01 Vine Street, Denver, CO 80216 $27 ,340.00 2. J.J. Lay Plllllbing l Heating Company, Inc. 3130 South Platte River Drive Englewood, CO 80110 $36,000.00 3. Brock and Blevins Co ., Inc. PO Box 16101, Denver, CO 80216 $41,869.00 CONCLUSION/RECOfotlE NDATION: The low bidder, Economic Mechanical Industries, Inc., met all ,req uirements of the bid specification, and we reviewed the details of construction with them to assure they fully understood all details . Based on this re vi ew we f eel quite confident that EMI will provid a good service for a reasonable price . It is recomnended that the contract for construction of gas piping and ancillary equipment be awarded to the low bidder EMI for th amount of $27,340.00. RY I . • - r • • • .. C O U N C I L C O M M U N I C A T I O N DATE AGENDA ITEM SUBJECT June 17, 1982 9l\ BOARD & COMMISSION VACANCIES INITIATED BY City Manager ACTION PROPOSED Direction be given by Council as to appointments to Boards and Commissions Background There presently exists vacancies on two advisory boards and one Authority: Election Commission -one vacancy expiring January 1 , 1983 due to resignation of Jo Lay. Housing Authority -one vacancy expiring July 1, 1983 due to resignation of J. Stanley Pixter. Retirement Board -one vacancy expiring February 1, 1984 due to resignation of Earl Ladewig. In addition, several appointments will expire in the near future as listed below : Downtown Develooment Authority Barba~a Holthaus (owner) appointment which will expire June 30, 1982 -4 year appointment. Cletus A. Gasson (representative) appointment which will expire June 30, 1982 -4 year appointment. Fred Kaufman (owner) appointment which will expire June 30, 1982 -4 year appointment. Leonard A. Robahm (owner) appointment which will expire June 30, 1982 -4 year appointment. Under Communications Received -Action Recommended, you will find recommendation concerning these appointments from the Englewood Downtown Development Authority. -continued - • I • • - • • • • • ' Housing Authority Betty Beier appointment which will expire July 1, 1982 -five year appointment. Li~uor Licensing Authority onald J. Styes appointment which will expire August 4, 1982 three year appointment. R. L. Lunders appointment which will expire August 4, 1982 - three year appointment. Letters have been written the above three individuals inquiring if they intend to seek reappointment. Conclusion Direction is requested from Council concerning these appointments. • I • • • • • C O U N C I L C O M M U N I C A T I O N DATE June 17 1982 INITIATED BY AGENDA ITEM JL.; SUBJECT Planning Division -Community Development Department ACT I ON PROPOSED Approve the Installation of Banners Announdng the Columbia LPGA Golf Golf Classic INTRODUCTION: The Planning Division has been contacted by Ks. Paula J. Peri, Marketing Assistant with Columbia Savings, and asked if they could have permission again this year to hang banners over South Broadway north of the Broadway/U.S. 285 interchange whi ch will announce the annual Columbia LPGA Golf Classic. The tournament will be held July 26th thru August 1, 1982 at Columbine Country Club and they would like the banners to be displayed from July 2nd through July 31st. Morris Decorating will be responsible for hanging and removing the banners and for their maintenance during the period they are displayed . Rather than the one wide banner, there would be one 5 ' x 6' center banner with green , red, and yellow banners on each side. TIie Public Service Company has been contacted and Kr. Jim Chambers has told the staff that he is familiar with the tournament and would very much support the in- stallation of the banners. Th proceeds from the annual Columbia Savings LPGA Classic help support the con- tinuing patient car , research and educational programs of th National J wish Hospital/National Asthma Center. Kore than a quarter of a million dollars has be n raised by the Classic for this purpose aince its beginning. CONCLUSION AND RECOMMENDATION: ni City would not b required to hang, remove or maintain the banners, so there would be no City exp ns incurred if the banners were to b approved. Th staff r commend• that the installation of th bann ra announcin the Columbia Savings LPGA Golf Classic be approv d aa requ ated at the South Broadway location from July 2nd through July 31st. I • • Ms. Dorothy A. Romans City of Englewood 3400 South Elati Street Englewood, CO 80110 Dear Ms . Romans: • • • .li.J N l 7 1982 June 16, 1982 Per our phone conversation, I am writing on behalf of the Columbia Savings LPGA Golf Classic to request approval to hang a banner at South Broadway and Hampden Avenue again this year, as we have done in the past. The banner is double-sided white on green, 5'X6', and would hang centered with four green, red and yellow side banners . It is requested they hang from July 2 through July 31, or any time available in July, pre-tournament (July 26 -August l, 1982). Morris Decorating, 2162 Lawrence Street, Denver, will hang, maintain and remove the banners by August l. A similar banner is scheduled for Lar i mer Square in Denver . Copy on the banner reads : COLUMBIA LPGA GOLF CLASSIC JULY 26 -AUGUST l COLUMBI NE COU NTRY CLUB As I mentioned to you on the ph on e, t he pr oce ed s f rom the tournament ha ve been a significant source of f und s f or Nat i onal J ew i s h Hos pital/ Natio nal Asthma Ce nter, raising mo re than a quarter mi ll i on doll ars si nce its begi nn i ng. C........ ......... eM a.-, ....... ,. c o..-foe ---'---""'-·-,-...... -,.,, •• o ,_, n,.3"4 o ,. o 1o11 11121 o 0on-Colo ,.. eoa ,1 "'~ • I • • - • Ms. Dorothy A. Romans June 16, 1982 Page Two • • - Should you have any questions, please don't hesitate to call me at 773-3444, Ext. 235. I will get back with you early next week to confirm arrangements. Thank you for your help. PJP/cc Sincerely, -hkvyv.L Paula J. Peri Marketing Assistant • I . • n n