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Home My WebLink About1982-09-07 (Regular) Meeting Agenda• • • • City Council Meeting Regular September 7, 1982 • • • 0 0 ,it.% I ~~• 4 ~ c,;,s .;16. ~1: JI'. J'J. ;tO • I . • l • • • C\ ('(_ 7 :30 P .M. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL SEPTEMBER 7, 1982 ,. [; j '' ~J ,..-- .. ,~ Call to order , invocation by Dr . Roland Andrews, Grace Baptist Church , 4200 South Acoma Street, pledge of allegiance by Boy Scout Troop No . 115 and 154, and roll call . 1 o , I 1 . Minutes. Minutes of the special meeting of August 12 , 1982. (Copies enclosed .) Pre-Scheduled Visitors. (Please limit your pre- sentation to 10 minutes.) 3 . Other Visitors. (Please limit your presentation to 5 minutes.) --'\t 4 . Public Hearing. (a) To consider an Ordinance adopting criteria to relieve sign owners of undu hardship amending the Comprehensiv Zoning Ordinance 1963 by adding new Section 22.2-6 c (2). (Copies enclos d .) 5. Communic tions -No Action Recomm nded. ( ) 0 nv r R gion 1 Council of Gov rn- of Jun 16, 1982. (Copi 8 (b) Bo rd of Car r S rvice Com- tin of July 15, 1982. (Copies (c) Minut • 0 th Pl nnin nd Zoning Commi sion in of Au u t 3. 1982. (Copi s enclos d .) • I . • • - Page 2 September 7 , 1982 Agenda l-t •"'- c~f f 5. Connnunications -No Action Recommended. 6 . 7 . (!. ~ (d) Minutes of the Public Library Advisory Board meeting of August 10, 1982. (Copies enclosed.) (e) Minutes of the Downtown Development Authority meeting of August 11, 1982. (Copies enclosed.) (f) Minutes of the Parks and Recreation Commission meeting of August 12, 1982. (Copies enclosed.) (g) Municipal Court Activity Report for the month of July, 1982. (Copies enclosed .) Connnunications -Action Recommended . (a) (b) Council Communication from the Water and Sewer Board concerning the Wright-McLaughlin proposal o Boreas Pass . (Copies enclosed. 1_r '1,ru l '1 q .. '-1 1,.,.. 1., {, o\,,c.·n; . Lt•. '< ,111.., Council Commun~cation from the Water and Sewer Board concerning Supplement #95 in Southgate Sanitation District . (Copies enclosed .) City Attorney. Ordinances on Final Reading. (a) ~ ~f Ordinance approving a contract with the Geological Survey, United States D partment of Interior and the City of Littl ton, Stat of Colorado, to define and understand hydraulic conditions of the South Platt River. (Copies enclosed.) (b) ,1 ~ ,p Ordinance approving an Agreement between the Cities of Engl wood and Littleton and the Division of Administration o f h Colorado Department of H alth repre ent d by h Wat r Quality Control Division to conduc Compr h n iv Str m Study of S gm nt 14 of th South Platt Riv r . (Copi s enclosed .) Bills for Ordinance . (c) l1 J.!t, ~· . , Bill d scribing and d ining obsc nity and pro- viding circumst nc und r which it is prohibi d by m nding Title XI, Chapt r 7, of th Englewood Municip l Cod of 1969, as m nd d, and d claring n m rg ncy. (Copi a ncloa d .) • I • • n - • • • • Page 3 September 7, 1982 Agenda 7. City Attorney (Continued). 8 . 9 . 10 . Bill authorizing the issuance of a City of Englewood, Colorado, Industrial Development Revenue Bond (Arapahoe Orthopaedic Professional Corporation Project), Series A, in the principal amount of $428,000; and approving the form and authorizing the execution of certain documents relating thereto. (Copies enclosed.) Other Matters. (e) Attorney's City Manager . (a) (b) c- (c) (d ) Council Counnunication from the Director of Public Works concerning a transportation agree- ment for seniors in Arapahoe County. (Copies enclosed .) Council Counnunication from the South Metro Training Academy Advisory Board concerning bid awards for the South Metro Training Academy Classroom Building. (GQPi~s enclosed·.) ~-/1.L , -,,/.<"<> L[y (. cl,~ ~L r;-u._, -~ GJ..,_ "t..1<""' Trai'\'smittal of t he 1983 Proposed Budge &.' U. l · 0 (Copies will be available at mee t ing .) , ,., .._,, , 'l- 1 I, q -J( ~j. l).3Cj) · ('JJ.."u t'~ Manager's Choice . ~' c .. z,. 'l Ir (>-,l i Gene ral Di scussion. <.t •• ,- (a) Ma yor's Choice . (b) Council Member 's Choic e. Adjournment . I U///cd.~ ~-#MCCO WN City M nager AM/sb • I • • n SPECIAL MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado August 12, 1982 { l~ The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on August 12, 1982, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Thomas Fitz- patrick. The pledge of allegiance was led by Mayor Eugene Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. Absent: Council Member Higday. The Mayor declared a quorum present. * * * * * * * Also present were: City Manager McCown Assistant City Manager Vargas City Attorney DeWi t Assistant Director of Community Development Romans Deputy City Clerk Watkins * * * * * * * COU NCIL MEMBER BRADSHAW MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER AN ORDI NANCE ADDING PARAGRAPH 22.1-8 TO THE COMPREHEN- SIVE ZONI NG ORDINANC TO CLARIFY THE EXEMPTION OF CITY OWNED OR OPERATED UTILITIES FROM ITS REQUIREMENTS AND REGULATI ONS . Council M mb r Fi zpa ric s cond d h motion. Upon a call of he ro ll , h voe resul ed a follo ws: Ay s: ays: Council Members Neal, Fitzpa tric , 1 t, Bilo, Bradshaw, Otis. None. • ) I • • - • August 12, 1982 Page 2 Absent: Council Member Higday. • • • The Mayor declared the motion carried. City Attorney DeWitt stated the purpose of th e hearing wa s o consider an ordinance that ·would exempt p u blic utilities now and in the future from zoning ordinances . Mr. DeWitt stated the rea- sons for the o rdinance were vital to the process of the City's wa er system, and to correct a misunderstanding concerning public u ilities . Mr . DeWi t introduced George Zoellner , special legal coun- sel, wh o provided info r mation to substantiate the proposed ordi- nance. Mr. Zoellner stated the ordinance gives the City Council flexibility in answering the needs of public utilities for the Ci y. Mr. Zoellner stated the proposed ordinance was legislation ha should have been passed years ago. It was not being presented only o alleviate he water tower case. Mr. Zoellner stated the ordinance ex ends a power Council has to place public utilities ou sid o placing them inside he City. Th re wer no questions of Mr. Zollner at this time. Mayor Otis asked for comments from the audi nee. Die Richards, 1090 W st Oxford Avenue, app Council . Mr. Richards express d cone rns ha h ordinanc vo d an an i-d mocra ic process in ha i allowed he Cl y o plac public u ili i s w1 hout informing i Fur hr h ordinanc provo ed an emo ional level in ould lead o rust and a disconn c edness among opposi ng Mr. Lehr ns , r cord of July l 2, oi tac l r. f,. 1 S • e h h acing July 2 , 1 nd 1 nga July 20, I • • • August 12, 1982 Page 3 • • - Council recalled Mr. Zoellner. Co uncil Member Bradshaw asked for examples of cities hav ing power outside its city limits to place public utilities. Mr. Zoellner responded if Cherry Hills wanted to bui ld a utility in Englewood, it would have the power to do so and may without following any building criteria. Mr. DeWitt explained the City has built utilities against zoni ng ordinances in the past. Examples are the Zuni water tower, sewer lines, water lines, electrical li nes, and storm sewers. Mr. De Wi tt stated the Colorado State Statutes all ow t he municipality to provide utilities to meet community needs. There were no further comments. COUNCIL MEMBER BRADSHAW MOVED TO CLOSE THE PUBLIC HEARING. Cou nc il Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absen Council Members Neal, Fitzpatrick, Weist, Silo, Bradshaw, Otis . None. Co un cil Member Higday. The Mayor declar d the motion carried . ORDINA NCE NO. 34 SERI ES OF 1982 BY AUTHORITY COU NCI L BILL NO. 20 INTRODUCED BY COUNCIL MEMBER FITZPAT RICK AN ORDI ANCE ADDING PARAGRAPH 22.1-8 TO THE CO MPREH ENSIVE ZONING ORDINANCE TO CLARIFY THE EXEMPTION OF CITY OWNED OR OPERATED UTILI - TIES FROM ITS REQUIREMENTS AND REGULATIONS. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 20, SERIES OF 1982, ON FINAL READING. Council Member Neal econd d th motion. Council M mber Bradshaw sat d he wa s not comfortabl wl h h ordinance and would oppose i s p ssag • Council M mber Wis sta d h wa s in favor of th ordi - nance. Mr.Wist at d wat r wa s a vital u ili y and som ci i- %ens w r being d prived of wa er pr s ur b caus h ower wa • I • • • August 12, 1982 Page 4 • • • not in operation. It was his responsibility to do what he thought was the proper action to take in order to meet these demands. Upon a call of the roll, the vote resulted as follows: Aye s: Council Member Fitzpatri ck , We ist , Bilo , Bradshaw, Otis. / Nays: None. Absent: Council Member Higday. The Mayor declared the mot ion carried • • • • • • • Due to special status of the meeting, no further business could be discussed . COUNCIL MEMBER NEAL MOVED TO ADJOURN THE MEETING. Council Member Bradshaw seconded the motion. Upon a call of he roll, the vote resulted as follows: Ayes: Nays: Absent: Council Member s Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis . None. Council Member Higday. The Mayor declared the motion carried and adjourned the meeting at 8:30 p .m. . f.l )l l(?_ ~ 1 f ! l[ ,l d tieputy c11'.y I c1erk I • • In ORDINANCE NO. SERIES OF 1982°"-- BY AUTHORITY A BILL FOR • • - 7 D COUNCIL BILL NO. 43 INTRODUCED BY COUNCIL MEMBER --"---"'----- AN ORDINANCE AUTHORIZING THE ISSUANCE OF A CITY OF ENGLEWOOD, COLORADO , INDU ST RIAL DEVELOPMEN T REVENUE BOND (ARAPA HOE ORT HOPAEDI C PROFESSIONAL CORPORATION PRO JECT ), SERIES A, IN THE PRINCIPAL AMOUNT OF $428,000; AND APP ROVING THE FORM AND AUT HORI ZING THE EXECUTION OF CERTAIN DOCUMENTS RELATING THERETO. WHEREAS, the City of Englewood, Colorado (the Issuer), is authorized by part l of article 3 of title 29, Colorado Revised Statutes 1973, as amended (the Act), to issue revenue bonds for the purpose of financing projects to the end that business enterpri ses will locate, expand or remain in the Issuer, to enter into financing agreements with others for the purpose of providing revenues to pay such bonds, and further to secure the payment of such bonds: and WHEREAS, by Resolution No. 30, duly adopted on June 28 , 1982 (the Inducement Resolution), the Issuer committed itself to issue such bonds in accordance with the provisions of the Act for the purpose of financing a medical clinic (the Project) for Nancy M. Magill and Charles D. Magill (the Borrowers), to be located within the lssu rand leased to Arapahoe Orthopedic Professional Corporation (the Tenant): and WHEREAS, the following documents hav be n submitt d to the city council (th Council) and filed in the offic of th City Cl rk (the Cl rk) nd r there vail bl for public insp ction: (a) Lon Agre m nt, to bed t d as of Octob r 21, 1982 (the Loan Agre nt), betwe n the issuer and th Borrowers: -1- I • • • • • - (b) a Trust Indenture, to be dated as of October 21, 1982 (the Indenture), between the Issuer and The Colorado National Bank of Denver, as Trustee (the Trustee); and (c) a Mortgage and Security Agreement, to be dated as of October 21, 1982 (the Mort~age and Security Agreement), between Nancy M. Magill, as mortgagor and debtor, and the Trustee, as mortgagee and secured party; and WHEREAS, the Council desires to authorize at this time the issuance of a City of Englewood, Colorado, Industrial Development Revenue Bond (Arapahoe Orthopaedic Professional Corporation Project), Series A, dated October 21, 1982, in the principal amount of $428,000 (the Bond); and WHEREAS, it is necessary to issue the Bond by ordinance and to approve the form and authorize the execution of the aforementioned documents thereby. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: sec t i on l . Appr o va l s and Authorizations. The form s of Loa n Ag re ement (i ncludi ng the form of Note attached t hereto), Indenture (including the form of Bo nd conta i n e d the r e in), and Mortgage nd S curity Agreement are hereby approved. The M yor and th Cl rk ar hereby authorized and directed to x cut , as appropr1 te, th LO n Agreement , the Ind nture and the Bond and af ix th s l of th Issu r thereto and further to x cut and auth nt cat such other docum nts , instrum nts o r c rti catea s are de m d n c as r y or desirable by bond c o unsel in order to iaaue nd • cur the Bond. Such docum n ts ar t o be x cut din -2- • ) I • • ....... • • • substantially the form hereinabove approved, provided that such documents may be completed, corrected or revised as deemed necessary by the parties thereto in order to carry out the purposes of this Bond Ordinance. Copies of all of the documents shall be delivered, recorded, and filed as provided therein. When executed, the Loan Agreement shall be assigned to the Trustee as provided in the Indenture. The proper officers of the Issuer are hereby authorized and directed to prepare and furnish to bond counsel certified copies of all proceedings and records of the Issuer relating to the Bond and such other affidavits and certificates as may be required to show the facts relating to the authorization and issuance thereof as such facts appear from the books and records in such officers' custody and control. The approval hereby given to the various documents referred to above includes the approval of such additional details therein as may be necessar y and appropriate for their completion and such modifications thereof, deletions therefrom, and additions thereto as may be mutually approved by bond counsel and the City Attorney prior to the execution of the documents. The xecution of any instrument by the appropriate officers of th Issuer h rein authoriz d shall b conclusive evidence of the approval by th Issuer of such instrument in accordance with the terms hr of. Section 2. Issuanc of Bond. The Issuer shall issue the Bond or th purpo e, in th orm nd m nner, and upon the terms aet orth in thi Bond Ordinanc, th Loan Agr em nt, th Indenture, nd th form of Bond at forth in th Ind nture. -3- • I • • ~- • • • • The maximum net effective interest rate authorized for the Bond is fifteen percent (15%) per annum. The actual net effective interest rate for the Bond is fourteen and one-half percent (14.5%) per annum. Section 3. Determinations. It is hereby found, determined and declared that: (a) the financing of the Project will promote the public health, welfare, safety, convenience and prosperity and promote and develop trade or other economic activity by inducing business enterprises to locate, expand, or remain in the Issuer and the State of Colorado in order to mitigate the serious threat of extensive unemployment and to secure and mainta in a balanced and stable economy for the Issuer and the State of Colorado; ) (b) the amounts necessary in each year to pay the principal of and interest on the Bond are as follows: ~ PRINCIPAL INTEREST TOTAL 1983 $ 8,000 $60,508.5 0 $68,508.50 198 4 10,000 60,900.00 70,900.00 1985 15,000 59,450.00 74,450.00 1986 15,000 57,275.00 72 ,2 75.00 1987 15,000 55,100.00 70,100.00 1988 20,000 52,925.00 72,925.00 1989 20,000 50,025.00 70,025.00 1990 25,000 47,125.00 72,125.00 1991 30,000 43,500.00 73,500.00 1992 35,000 39,150.00 74,150.00 1993 35,000 34,075.00 69,075.00 1994 40,000 29,000.00 69,000.00 1995 4 s, 000 23,200.00 68,200.00 1996 55,000 16,675.00 71,675.00 1997 60,000 8,700.00 68,700.00 (c) the amount n cessary to b paid ach y ar into any r s rve unda which the Council m y d m dviaabl to establish -4- I • • - • • • • in connection with the retirement of the Bond and the maintenance of the Project is $0: (d) the Loan Agreement provides that the Borrowers shall maintain the Project and carry all proper insurance with respect thereto: (e) the Loan Agreement requires that the Borrowers pay the taxes which the taxing entities specified in Section 29-3-120(3) of the Act are entitled to receive from the Borrowers with respect to the Project: (f) the payments required in the Loan Agreement to be made are sufficient to pay the principal of, and interest on, and any prem i um due in connection with the redemption or prepayment of the Bond when due and to pay all other costs required in the Loan Agreement to be paid. Section 4 . Nature of Obligation. Under the provisions of the Act, and a s pr ov ided i n the Loan Agreement, the Indenture and the Bond, th e Bond sha l l be a special , lim i ted obligation of the Issuer p ayab le solely f r om, and secured by a pledge of, the r evenues d e ri v ed f r om the Lo an Agreement a nd sha ll b e fu rthe r secured by the lien of the Inden ture upon said revenues and by the lien and security interest of the Mortgage and Security Agreement upon th Pr oJ ect and the oth r prop rty d s c ribed therein. The Is s uer wi ll not pledge any of 1ts property or secure the p yment of the Bond with its property. The Bond shall never constitute the debt or indebtedness of th Issuer within th meaning of any provision or limitation of the state constitution or t tutes or th home rule charter of th Issuer -s- • I • • -• • • and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers. In entering into the Loan Agreement and the Indenture, the Issuer will not financially obligate itself, except with respect to the application of the revenues derived from the Loan Agreement and the proceeds of the Bond. The Issuer will not pay out of its general fund or otherwise contribute any part of the cost of the Project. Section 5. Bond Ordinance Irrepealable. After the Bond is issued, this Bond Ordinance shall constitute an irrevocable contract between the Issuer and the holder of the Bond and shall be and remain irrepealable until the Bond, both principal and interest, shall be fully paid, cancelled and discharged in accordance with the Indenture. Section 6. Ratification. All action heretofore taken by the Issuer and by the officers thereof not inconsistent herewith directed toward the financing of the Project and the issuance of the Bond is hereby ratified, approved and confirmed. Section 7. Repealer. All acts, orders, resolutions, ordinances , o r parts the r eof , ta ken by t he I s su e r a nd in conflict with this Bond Ordina nce are hereby repealed , except that this rep al r shall not b construed so as to reviv any act, order , resolution , ordinance , or part thereof, heretofor repealed. s ct on 8. s v rability, If a ny paragraph , clause or prov iaion of this Bon d Ordin nee , e xc pt S ction 4 hereof , ia • I • • - • • • • judicially adjudged invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining paragraphs, clauses or provisions hereof. Introduced, read in full, and passed on first reading the 7th day of Sep tember , 1982. Published as a Bill for an Ordinance on the 8th day of September, 1982. Eugene L. Otis, Ma yor Attest : ex officio City Clerk-Treasurer I , Gary R . Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado , hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance , introduced , read in full, and passed on first reading on the 7th day of September , 198 2. Gary R. Higbee -7- • I • • ORDINANCE NO. SERIES OF 198-2~~- • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 43 INTROD~D-BY COUNCIL MEMBER 1 / 0 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A CITY OF ENGLEWOOD, COLORADO, INDUSTRIAL DEVELOPMENT REVENUE BOND (ARA PAHOE ORTHOPAEDIC PROFESSION AL CORPORATION PROJECT), SERIES A, IN THE PRINCIPAL AMOUNT OF $428,000; AND APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF CERTAIN DOCU MENTS RELATING THERETO. WHEREAS, the City of Englewood, Colorado (the Issuer), is authorized by part l of article 3 of title 29, Colorado Revised Statutes 1973, as amended (the Act), to issue revenue bonds for the purpose of financing projects to the end that business enterprises will locate, expand or remain in the Issuer, to enter into financing agreements with others for the purpose of providing revenues to pay such bonds, and further to secure the payment of such bonds; and WHEREAS, by Resolution No. 30, duly adopted on June 28, 1982 (the Inducement Resolution), the Issuer committed itself to issue such bonds in accordance with the provisions of the Act for the purpose of financing a medical clinic (the Project) for Nancy M. Magill and Charles D. Magill (the Borrowers), to be located within the Issuer and leased to Arapahoe Orthopaedic Professional Corporation (the Tenant): and WHEREAS, the following documents have been submitted to the City Council (the Council) and filed in the office of the City Clerk (the Clerk) nd are there available for public inspection: (a) a Loan Agr ement, to be dated as of October 21, 1982 (th Lon Agr m nt), betw en the Issu rand the Borrow rs1 -1- • I • • - • • • • {b) a Trust Indenture, to be dated as of October 21, 1982 {the Indenture), between the Issuer and The Colorado National Bank of Denver, as Trustee (the Trustee): and {c) a Mortgage and Security Agreement, to be dated as of October 21, 1982 (the Mortgage and Security Agreement), between Nancy M. Magill, as mortgagor and debtor, and the Trustee, as mortgagee and secured party; and WHEREAS, the Council desires to authorize at this time the issuance of a City of Englewood, Colorado, Industrial Development Revenue Bond (Arapahoe Orthopaedic Professional Corporation Project), Series A, dated October 21, 1982, in the principal amount of $428,000 (the Bond); and WHEREAS, it is necessary to issue the Bond by ordinance and to approve the form and authorize the execution of the aforementioned documents thereby. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Approvals and Authoriza tions. The forms of Loan Agreement (including the form of Note attached thereto), Indenture (including the form of Bond contained therein), and Mortgage and Security Agreement are hereby approved. The Mayor and the Clerk are hereby authorized and directed to execute, as appropriate, the Loan Agreement, the Indenture and the Bond and affix these l of the Issuer thereto and further to execute and uthenticate such other documents, instruments or certificates as re de med necessary or de irable by bond counsel in order to 1ssu nd secur th Bond. Such docum nta are to be executed in -2- • I • • • • • • • substantially the form hereinabove approved, provided that such documents may be completed, corrected or revised as deemed necessary by the parties thereto in order to carry out the purposes of this Bond Ordinance. Copies of all of the documents shall be de livered, recorded, and filed as provided therein. When executed, the Loan Agreement shall be assigned to the Trustee as provided in the Indenture. The proper of fi cers of the Issuer are hereby authorized and directed to prepare and furnish to bond counsel certified copies of all proceedings and records of the Issuer relating to the Bond and such other affidavits and cert i ficates as may be requ i red to show the facts relating to the authorization and issuance thereof as such facts appear from the books and records in such o f ficers' custody and control. The approval hereby given to the various documents referred to above i ncludes the approval of such add i t i onal details therein as may be necessary and appropriate for their completion and s uch mod ification s thereof, deletion s there f rom, and addit io n s t hereto as may b e mutually approved b y bond c oun s el and the City Attorney prior to the execution of the docume n ts. The execution of any instrument by the appropriate officers of the Issuer her in authorized shall be conclusive evidence of the approval by the Issuer of such instrument in accordance with the terms hereof. Section 2. Issuance of Bond. The Issuer shall issue the Bond for th purpo e , in the form nd manner, and upon the t rma at forth in thia Bond Ordin nc, the Loan Agreem nt, the Ind ntur , and the form of Bond at forth in the Indentur • -3- • I • • • • • - The maximum net effective interest rate authorized for the Bond is fifteen percent (15%) per annum. The actual net effective interest rate for the Bond is fourteen and one-half percent (14.5%) per annum. Section 3. Determinations. It is hereby found, determined and declared that: (a) the financing of the Project will promote the public hea l th, welfare, safety, convenience and prosperity and promote and develop trade or other economic activity by inducing business enterprises to locate, expand, or remain in the Issuer and the State of Colorado in order to mitigate the serious threat of extensive unemployment and to secure and mainta i n a balanced and stable economy f or the Issuer and the State of Colorado; (b) the amounts necessary in each year to pay the principal o f and interest on the Bond are as follows: ~ PRIN CIPAL INTEREST ~ 1983 s 8 ,000 $60,508.5 0 $68,5 08.5 0 198 4 10 ,000 6 0,900.00 70,900.0 0 19 8 5 15 ,000 59 ,4 5 0.00 74,4 5 0.0 0 1986 15,000 57 ,275 .00 72 ,275.00 1987 15 ,000 55,100 .00 70 ,100.00 1988 20,000 52 ,925.00 72 ,925.00 1989 20,000 50,025.00 70,025.00 1990 25,000 47,125.00 72,125.00 1991 30,000 43,500.00 73,500.00 1992 35,000 39,150.00 74,150.00 1993 35,000 34,075.00 69,075.00 1994 40,000 29,000.00 69,000.00 1995 45,000 23 ,200.00 68 ,200.00 1996 55,000 16,675.00 71,675.00 1997 60,000 8 ,700 .00 68,700.00 (C) the amount n ceaaary to b paid ch year into any r•• rv funds which the Council my de m dviaable to eatabliah -4- • I . • • • in connection with the retirement of the Bond and the maintenance of the Project is $0: (d) the Loan Agreement provides that the Borrowers shall maintain the Project and carry all proper insurance with respect thereto: (e) the Loan Agreement requires that the Borrowers pay the taxes which the taxing entities specified in Section 29-3-120(3) of the Act are entitled to receive from the Borrowers with respect to the Project: (f) the payments required in the Loan Agreement to be made are sufficient to pay the principal of, and interest on, and any premium due in connection with the redemption or prepayment of the Bond when due and to pay all other costs required in the Loan Agreement to be paid. Section 4. Nature of Obligation. Under the provisions of the Act, and as provided in the Loan Agreement, the Indenture and the Bond, the Bond shall be a special, limited obligation of the Issuer payable solely from, and secured by a pledge of, the revenues derived from the Loan Agreement and shall be further secured by the lien of the Indenture upon said revenues and by the lien and security interest of th Mortgage and Security Agreement upon th Project and the other property described therein. The Issuer will not pledge any of its property or secure the payment of the Bond with its property. The Bond sh ll never constitute the debt or indebt dness of th Issuer within the meaning of any provision or limitation of the state constitution or statutes or th horn rul chart r of th Issuer -s- • ) I • • - • • • • and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers. In entering into the Loan Agreement and the Indenture, the Issuer will not financially obligate itself, except with respect to the application of the revenues derived from the Loan Agreement and the proceeds of the Bond. The Issuer will not pay out of its general fund or otherwise contribute any part of the cost of the Project. Section 5. Bond Ordinance Irrepealable. After the Bond is issued, this Bond Ordinance shall constitute an irrevocable contract between the Issuer and the holder of the Bond and shall be and remain irrepealable until the Bond, both principa l and interest, shall be fully paid, cancelled and discharged i n accordance with the Indenture. Section 6. Ratification. All action heretofore taken by t he Issuer and by the off i cers thereo f not i nconsistent herewith d i rected toward the f i nancing of the Project and the issuance of t h e Bond is here b y rati fi ed, approved and confirmed. Sec t i on 7 . Repeale r . All acts, orders, re s olu tion s , ordinances , or parts thereof , taken by the Issuer and in conflict with this Bond Ordinance are hereby repealed, except that this repeal r shall not be construed so as to revive any act, order, resolution, ordinance , or part thereof, heretofore repealed. Section 8. Severability, I f any paragr ph , clause or prov ision of thi Bond Ordinance , xcept Section 4 hereof , is -6- • I • • - • • • • • • judicially adjudged invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining paragraphs, clauses or provisions hereof. Introduced, read in full, and passed on first reading the 7th day of September, 1982. Published as a Bill for an Ordinance on the 8th day of September, 1982. Eugene L. Otis, Mayo r Attest: ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado , hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 7th day of September, 1982. Gary R. Higbee -7- • I • • • • • • 4 A ') BY AUTHORIT'f ORDINANCE NO. .,, SERIES OF 198~2~~- COUNCIL BILL NO. 40 INTRODUCED BY COUNCIL MDIBER BRAOOHAW FOR AN CRDINANCE ADOPI'It-(; CRITERIA 'ro RELIEVE SIGN CMNERS OF UNDUE HARDSHIP AMfNDit,(; THE COMPREHENSIVE ZCJNit,(; CRDINANCE 1963 BY ADOit-(; NEW SECTION 22.2-6 C (2). WHEREAS, the City of Englewood recently revised and reenacted a Comprehenbsive Sign Code regulating signage within the City of Englewood; and WHEREAS, said Sign Code was enacted to meet the City's needs to revitalize and redevelop the City as a major regional retail shopping area and to control signage within the City and preserve its correlative character of strong family residential values; and WHEREAS, it is the intent of the Sign Code to control signage for traffic safety and aesthetic reasons and to have a corrmunity which is beaut iful , healthy, clean, well-balanced and safe; and WHEREAS, it is the desire of the City Council to maintain strict compliance with said Sign Code to accomplish its purposes, but the Council recognizes there may be limited instances where it would work too extensive a hardship to require persons to comply with all provisions of said Code; and WHEREAS, the City Planning and Zoning C011111ission has proposed crite r ia to rel ieve persons from strict compliance wi th said Sign Code upon a showing of undue hardship, and the Council determ ines it is pro per to do so, so long as the purposes of the Sign Code rema in complied with ; and WHEREAS, the Ci ty Planning and Zoning C011111 ission has heretofore held pub lic hearings upon this matter and issued findings of legislative fact which are hereby adopted by the City Council and considered in conjunction with the legislative record upon loA'lich the Comprehensive Sign Code is based; N<M, THEREFORE, BE IT CJUl,l,.INED BY 'fflE CIT'f COUNCIL OF THE CITY OF ENiLEWOOO, COLORADO: Section 1. 'l1lat Section 22 .2-6 of the Comprehensive Zoning Ordinance is amended by the addition of a new subsection 22.2-6 c(2), which shall read: 22 .2-6 c (2) In considering a request for a variance to th Sign Code, Section 22.7 of the Comprehensive Zoning Ordinance, the Board of Adjustment and Appeals shall determine that: 1 . Th rear special circ1.111Stances or conditions such as th xistence of buildings, topogr phy , vegetation, sign structures or other matters on adj cent lots or within th adj cent public right of w y, which would subst nti lly r strict th eff iv n s of the sign I • • n • • • • • in (J.lestion; provided, however, that such special circumstances or conditions l!USt be peculiar to the particular business or enterprise to which the applicant desires to draw attention and do not apply generally to all businesses or enterprises. 2. 'Ille variance, if authorized, will weaken neither the general purpose of this Ordinance nor the regulations prescribed for the District in which the sign is located. 3. 'nle variance, if authorized, will not alter the essential character of the District in which the sign is located. 4. 'nle variance, if authorized, will not substantially or permanently injure the appropriate use of adjacent conforming property. Introduced, read in full, and passed on first reading on the 16th day of August, 1982 . 1982 . Published as a Bill for an Ordinance on the 18th day of August, 1982. Read ~ title and passed on final reading on the 7th day of Septent>er, Published ~ title as Ordinance No. __ , Series of 1982, on the 8th day of Septent>er, 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, here~ certify that the abov and foregoing is a tru , accurate and complete copy of the Ordinanc passed on final reading and published~ titl Ordinance No. , Seri s of 1982, on the 8th day of Sept r, 1982. -- G ry R. Higbe -2- I • • n - ORDINANCE NO. 36 SERIES OF 1982 BY AUTHORITY • • • COUNCIL BILL NO. 40 INTRODUCED BY COUNCIL MOIBER BRADSHAW FOR AN CRDINANCE ADOPI'I~ CRITERIA ID RELIEVE SIGN O,,INERS OF UNDUE HARDSHIP AMENDI~ 'ffiE a::MPREHENSIVE ZONI~ CRDINANCE 1963 BY ADDI~ NEW SECTION 22. 2-6 C (2) • WHEREAS, the City of Englewood recently revised and reenacted a Comprehenbsive Sign Code regulating signage within the City of Englewood; and WHEREAS, said Sign Code was enacted to meet the City's needs to revitalize and redevelop the City as a major regional retail shopping area and to control signage within the City and preserve its correlative character of strong family residential values; and WHEREAS, it is the intent of the Sign Code to control signage for traffic safety and aesthetic reasons and to have a corm1unity which is beautiful, healthy, clean, well-balanced and safe; and WHEREAS, it is the desire of the City Council to maintain strict compliance with said Sign Code to accomplish its purposes, but the Council recognizes there may be limited instances where it would work too extensive a hardship to require persons to comply with all provisions of said Code; and WHEREAS, the City Planning and Zoning C011111ission has proposed criteria to relieve persons from strict compliance with said Sign Code upon a showing of undue hardship, and the Council determines it is proper to do so, so long as the purposes of the Sign Code remain complied with; and WHEREAS, the City Planning and Zoning C011111ission has heretofore held public hearings upon this matter and issued findings of legislative fact which are hereby adopted by the City Council and considered in conjunction with th legislative record upon which the Comprehensive Sign Code is based; t-OtJ, 'ffiEREFORE, BE IT CRO\INED BY 'ffiE CITY OJUNCIL OF 'ffiE CITY OF ~LElt«X>D, <X>LOOAOO: Section 1. That Section 22.2-6 of the Comprehensive Zoning Ordinance is amended by the addition of a new subsection 22.2-6 c(2), which shall read: 22 .2-6 c (2) In consid ring a request for a variance to the Sign Code , Section 22.7 of the Comprehensive Zoning Ordinance , the Board of Adjustment and Appeals shall determine that: 1. There ar pecial circlll\Stances or conditions such the exis ence of buildings, topography, veg tation, sign structur s or oth r matters on adjac nt lots or within th adj c n public right of way, which would ubst ntially r trict th effectiven ss of the sign • I • • • • • • • in question; provided, however, that such special circumstances or conditions 11USt be pecu l iar to the particular business or enterprise to lo'hich the applicant desires to draw attention and do not apply generally to all businesses or enterprises. 2. The variance, if authorized, will weaken neither the general purpose of this Ordinance nor the regulations prescribed for the District in lo'hich the sign is located. 3. The variance, if authorized, will not alter the essential character of the District in lo'hich the sign is located. 4. The variance, if authorized, will not substantially or permanently injure the appropriate use of adjacent conforming property. Introduced, read in full, and passed on first reading on the 16th day of August, 1982. Published as a Bill for an Ordinance on the 18th day of August, 198 2 . 198 2 . Read by title and passed on final read i ng on the 7th day of September, Pub lished by title as Ord i nan c e No.~, Series of 1982, on the 8th day of Se ptember , 1982 . Attest: Eugene L. Otis , Mayor ex officio City Clerk-Treasurer I , Gary R. Higbee, ex officio City Cle r k-Treasu r er of the City of Englewood , Colorado , hereby certify that the above and fo regoing is a tru , accurate and complete copy of the o36ance pa ssed on fi na l r eading and published by title as Ordinance No . , Series of 198 2, on the 8th day of September , 1982 . Gary R. Hig -2- • I • • Present: • • - MINUTES BOARD OF DIRECTORS MEETING DENVER REGIONAL COUNCIL OF GOVERNMENTS WEDNESDAY, JUNE 16, 1982 Thomas R. Eggert, Chairman Arapahoe County 5 A~ Ted Hackworth, Vice-Chairman Doris Durdy, Secretary-Treasurer Robert A • Briggs, Jr. City & County of Denver City of Brighton Carl Winkler Linda J ourgensen William Thcrnton Norman A. Smith Merle Chambers David Busby Robert E • McGregor George T. Garson Mark D. Edwards Alex Ariniello Arvin Michel Samuel Harper Norbert Meier John Hurt Rod Sheffer Ken Lewis Also Present : Adams County Douglas County City of Boulder Town of Bow Mar City of Broomfield Cherry Hills Village Commerce City Federal Heights City of Glendale City of Golden City of Iafayette C lty of Iakewood City of Littleton City of Louisville City of Thcrnton City of Westminster City of Wheat Ridge Robert D. Farley, DJCOG Executive D irector; Joh n Lea ry , Air Pollution Control Division; Michael Henry, Air Quality Control Commisai on; Jerry Gallagher, Air Pollution Control Division; Ken Kirkpatrick; Linda Morton, City of Iakewood; Thomas Benson, DRCOG Attorney; Shirley Heck, Executive Secretary foe the Board and various members of the DJCOG staff. Chairman Eggert called the meeting to order at 7:30 p.m., roll was taken and a quorum declared present. • I • • 1J BOARD MINUTES June 16, 1982 Page 2 Minutes of May 26. 1982 Board Meeting • • • The Board, upon motion by Mr. Winkler, su p ported by Ms. Durdy, uoonlmously approved the minutes of the May 2 6, 1982 Board Meeting. Report of Chairman Mr. Eggert reported on the Board Wor-kshop held at Beaver Run in Breckerridge on June 3-5, 1982 noting the discussions were very informative and beneficial in terms of future DRCOG programs and issues. Adoption of Amendment to the Clean Water Plan Mr. Mugler, DRCOG staff, summarized the amendment to the Clean Water Plan noting that the Water Resources Management Advisory Committee, Chief Admin- istrative Officers Advisory Committee and the Regional Planning Advisory Committee recommended adoption of the resolution by the Board. It was further noted that the Water Resources Management Advisory Committee expressed concern about potential growth within the non-urban service area between Thornton and Brighton and asked that Adams County work with D~OG regarding development in this corridor-and at the provision of urban services to such development, especially water and waste- water. Mr. Hac kworth, Program Committee Chairman , stated that the Program Committee r ec ommended approva l of the amendment to the C lean Water Plan a s submitted. Sinc e twe nty-two members were not present , C hairman Eggert directed that action be taken o n the resolutio n adopting the amendment to the Clean Wa ter Plan through a C e rtified Mail Ballot . Adoption Qf Updated Reg i onal Airport Sy stems Plan CRA SP) Mr. Scheuernstuhl, DRCOG staff, summarized the updated Regional Airport Syst ems Plan and explained that the revision responds to cha nges t hat have occurred i n the region's aviation system demand. The RA SP w hich w as a dopted in 197 4 reflected a need for four general aviation a irports and the upda t e estima t es a decr ease to two by t he year 2000 because of t he d ecline in genera l a viation activities . Th e Trans- portation Committee and Chief Admini strative Officers Ad visory C ommittee recanmended favorable action by the Board on the resolution. continued- • ) I • BOARD MINUTES June 16, 1982 Page 3 • - Adoption of Updated Regional Airport Svstems Plan (RASP) cont.- Mr. Hackworth, Chairman of the Program Committee, stated that the Program Committee recommended approval of the Updated Regional Airport Systems Plan (RASP). Since twenty-two members were not present, Chairman Eggert directed that action be taken on the resolution adopting the Updated Regional Airport Systems Plan through a Certified Mail Ballot. Request for Attainment Classification for N02 Mr. Mugler, DRCOG staff, explained that Mayor McNichols has requested the Governor take the necessary action to have the Air Quality Control Commission (AQC C ) initiate procedures to reclassify the Denver area as an attainment'area for nitrogen dioxide (N02). Monitored data from the Air Pollution Control Division s hows no vio lations of the standard since 1977. As the lead air quality planning agency , a doption of the resolution supporting Denver's request publicly acknowledges the improvements occurring in the region's air. The Board, upon motion by Mr. Busby , supported by Mr. Meier, unanimously adopted Resolution No. 11, 1982, A Resolution Suppocttng the C itv and C ounty of Denver Request to Reclasaifv the Denver Region to Attainment for Nitrogen Dioxide , (A signed c opy o f Re s olutio n No . 11 is attac hed to and made a part of the file copy of the s e minutes .) Con sid e ra tion of Pr o pos ed Air Pollutio n C ontrol C ommi ssl o n Ac tions Mike Henry, Ch a irman of th e Air Qua lity Control Commi ssion, b r ief ed the Board on the discussions, decisions and actions of the Col orado Air Qualit y Control Commission regarding the adoption of a revised State Implementation Plan for air quality which must be submitted to the U.S. Envtronmenta 1 Protection Agency by July 1. Mr. Henry explained that the commission accepted almost ell of the measures in the Denver Regional Element of the SIP which was submitted by DRCOG to the State in February, with the exception of a 10-cent gas tax, tax incentives for transit users and a rideshare employer participation office. Additional measures approved by the Commission included episodic share-a-ride day, warranty enforcement on emission control devices, rldeshare research, and gasohol hlgh-emlsslons research. The state's plan w lll be ready for submission to EPA by July. • ) I • • BOARD MINUTES June 16, 1982 Page 4 Briefing on 1981-82 Dental Program • • - Mrs. Aldridge, DRCOG staff, reviewed the activities of the 1981-82 Old Age Pension Dental Program administered by DRCOG. The program served 472 people in the region this year with dental care and/or dentures. The 1982-83 waiting list currently exceeds 600 persons. The State pays 80% of the costs of dental care and the recipient pays 20%. Briefing on Clean Water Program Mr. Mugler and Mr. Mast, DRCOG staff, gave a slide presentation of the activities of the Clean Water Program. The program sets regioMl water quality goals, develops an optimum water network and responds to regulatory agencies, The problems being addressed as well as services provided to member governments through the Water Quality Program were reviewed, Report Qf Executive Director Mr , Farley reported the D~OG Management Staff continues to meet each month with senior staff and local elected officials at the offices of member jurisdictions, Meetings were held in Commerc e City and Wheat Ridge in May and June and they will meet with the staff in Wesbninster in July . Mea l s ite vis it s by Board members from the r espe c tive c ounties are being scheduled . Several local government offic ials visited the Golden Spike c ongregate meal s ite for older pers ons in Denver in May, It e ms s pec ifically noted from the Calendar of Polic y Issues f or u pcoming Board con s ideratio n were : the accepta nce of p la n a me ndments i n Ju ly ; the revised 198 2 D~OG Bud g et; and a bri efil'l9 on the distribution of population and employment totals wh ich were set earlier this year. Contrary to newspaper reports, no plan has yet been devised at D~OG for the long-term solution to the library issue, The Library Services Task Force is con- tinuing in its efforts to begin developing alternative solutions to the long-term issue. The Executive Committee was briefed on the City and County of Denver's Rocky Mountain Anenal Expansion Study, Board members were encouraged to attend the Aviation Technical Advisory Committee meeting at 1:30 p.m. June 17th to hear the briefing before that Committee by Denv•. • I • • - • • BOARD MINUTES June 16, 1982 Page 5 • • • Bill Thornton gave the lead presentation at the 5th Tri-National Conference on regional cooperation between the United States, Mexico and Canada, Copies of the recently published Public-Private Partnerships for Economic Develop- ment manual were distributed to members, Mr. Thornton reviewed the efforts and activities in the development of the manual and the continued interest nationally as well as in this region for public-private partnerships, The Calendar of Policy Issues was noted by Chairman Eggert. Other Matters by Members Arvin Michel noted that the City of Lakewood broke ground for its new city hall at the Villa Italia Activity Center. AdJournment There being no further business to come before the Board, Chairman Eggert declared the meeting adjourned at 9:20 p.m. ATTE ST: Robert D. Farley, Executive Director Thomas R, Eggert, Chairman Denver Regional Council of Governments • I • • • PRESENT: ABSENT : OIUERS PRESEN'f : • • • DOARD OF CAREER SERVICE COMMISSIO ERS JULY 15, 1982 MINlll'ES Jo Ellen 'I\.irner, Catherine Pokra.ka, Detty Keena , Conald IV ber Janet Kerzic Richard Welbourne , E.P.D.A. Pr sident ****** Chainmn Weber called th meeting to order. m.i ssion r Keen a requ sted that lh vol for approval of lh lay 20, 1982 rn1nul 'S Ix• r vis !Cl Lo rcl'l !<.'l IJ 0r ubst ntion follows : 1.ssion r Turner V('(I. sccon<.lN.1 by mj ssi ne r K0rzic lo appmvP 1..1 • I.lay 2 , 1982 r 1,ular rrx 'Clin1~ 111nu.lt>8. AYES : ADSTAI : AYS : 'I\.irn r. Kerzic , W ber K na n latinl{ lo lh<' Boa.rd's d1 ·usswn of th pendin Admim.stratlv Proc !dur s, 1i,sion r Pokraka r< 1u ·wd lhal lh<> lay 20, 1. 2 minut<>s n fl< ·t th<> rl'spons<' of [•11plov, I lati ns Jhr< ·tor l BeV1rt a£lvtsin1: Lh1• >a1'tl of lht• st LU: of t lll)S<' t I 1111sl rat JV(• """'(1 h11 ·, , :L" fol l ow ... : ( 'ha I lll[UI \Vd)( •)' l 'I 'I 't • I Id r ular I tin , hnut A\, : Turn r , 11'lkra.ku, K nn, W hl'r M'S : Non• • • l ht• L1 :.:lU, WI-I:! I • • r- • • • Item three on the Agenda was the Errployees Association Choice. Richard Welbourne , President of Police Benefit Association was present. There were no represenLaLives pr sent from the Firefighters Association or the Employee's Association. * * * * * * Itan four on the Ag nda was the City Manager 's Choice. Chainnan Weber stated that the Board was receipt of a message fran Peter Vargas, Assistant City Manager in response to the Board's concern of the status of the Actninistrati v Procedur s . Mr. Vargas advised the Doard that the preparation of the Acinin istra- ti ve Procedures had been delayed due to conflicting S\.ll'lller vacation schedules but that they were being ~rked on and he hoped they ~uld be carpleted soon. * * * * * * Item five on the Agenda was the Camlissioner's Choice. The Board discussed their concerns over the delay of the development of the Aa!linistrative Procedures. Corrmissioner Keena mentioned m.rnerous items and prior carmitments in whi ch City Council and the City Attorney's office have been involved which may have taken priority over the Aaninistrative Procedures. Camlissioner Pokraka requested that the City be advised that the Board ~uld offer any assistance possible to expedite the process. Richard Welbourne, Pre ident of th Police Benefit Association stated for th record that both the Police and Fire Associations ar becaning very irnpaLienL with Council concerning the delay of th Acininistrative Procedures and that Lh r has been discussion of possible Cllarter Amencinent s. 1'\.1rlh r discussion ensu ~ tuid lh, Ooa.rd r viewed ibl, n ans of lncrea-;.wg City Council's awar .n s of Lh Board 's conc<>rn for the final d v lopment of lh · /\dnlnjstraliv' J>ruc !<lur<•s. mission •r 'l'urn r xprcssed her f •J 1ng,; lhat it was the Board's r sponsibiliLy lo pursu this matter for its curpleti n. Otainran Weber again directed Corrmission r Pokra.ka and Camlission r n to continue their !forts to assist in L COJl)leLm of the Actninistrativ Procedures. Camlission r Pok:raka. asked the F}rployees Associalion Lo notify the l3oard in wri in• of t ir newly el Led Presi nt. Th re in no further busin t July 15, 1982 regular ·30 p.m. • * * • 0 .. .. . -2- • r adjourn ion t I • • • • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION AUGUST 3, 1982 I. CALL TO ORDER. 5 The regular meeting of the City Planning and Zoning Commission was called to order at 7:00 P.M. by Chairman McBrayer. Members present: Barbre, Becker, Carson, Gilchrist, McBrayer, Senti, Stoel, Tanguma Romans, Ex-officio Members absent: Allen Also present: Planner I Harold Stitt Assistant City Attorney Thomas V. Holland II. APPROVAL OF MINUTES. Chairman McBrayer stated that the Minutes of July 7, 1982, were to be con- sidered for approval. Carson moved: Stoel seconded: The Minutes of the meeting of July 7, 1982, be approved as written. AYES: Barbre, Carson, McBrayer, Senti, Stoel, Tanguma NAYS: None ABSTAIN: Be cker , Gilchrist ABSENT: Allen Th motion c rri d. Mr. Allen enter d th m ting and took his place with the other member s. Chairman Brayer stated that th Minutes of them eting of July 13, 1982, w r to be consid red for approval. C rson mov d: St 1 s cond d: Th Minutes of July 13, 1982, b approved as writt n. Hr. Gilchri t sugg st d that on Pag 10, 8, the word "he" b chang d to "hi•"· Messrs. carson and Sto 1 accepted th w c 11 don pprov l of th Minutes, to the Minutes. Th vote d: AYE B ck r, Car on, Gilchri t, McBray r, Sn i, Stoel ., Allen, B rbr AYS: Non ABSTAIN: T nguma Th ao ion carri d • • r, I • • n -• • • -2- Mr. McBrayer stated that the Minutes of July 20, 1982, were to be considered for approval. Carson moved: Tanguma seconded: The Minutes of July 20, 1982, be approved as written. Mr. Barbre pointed out that on Page 13, it indicates that Mr . Carson moved, and Mr s . Becker "moved" on th same motion; it should be amended to reflect that Mr s . Becker "seconded" the motion. Mr. Carson and Mr. Tanguma accepted the amendment. The vote on the mo tion to approve the minutes, as amend e d, wa s called: AYES: Carson, McBra yer , Senti, Tanguma, Allen, Barbre, Becker NAYS: None ABSTAIN: Gilchrist, Stoel The motion carried. III. CONDITIONAL USE Auto Transmission Repair and Clutch Repair 1236 East Hampden Avenue CASE 1115-82 Chairman McBrayer stated that the matter be fore the Counnission is a Public Hearing on a requested Auto Transmission/Clutch Repair business at 1236 East Hampden Avenue, which use is a Con ditional Use in the B-2 Zo ne District. Carson mov d: Gilchrist second d: Th Public Hearing on the proposed Conditional Use at 1236 East Hampden Avenue, Case 115-82, be opened. AYES: Gilchrist, McBray r, Senti, Stoel, Tanguma, Allen, Barbre, Becker, Carson NAYS: None The motion carri d. Hearing pp ared in C rtification of Posting com- • ) I • • -• • - -3- of another motor vehicle repair business which abutted residential zoning. Mr. Gilchrist asked if Mrs. Becker felt the screening could be accomplished by landscaping, or whether it would have to be a solid fence? Mrs. Becker stated that she did not feel landscaping would accomplish the purpose in this case. Mr. McBrayer asked if the applicant wished to address the Connnission? Mr. Jess Crane stated that he was the owner of the property at 1236 East Hamp d en Avenue, and has offices at 3502 South Marion Street. He stated that he feels he has improved the property since he has own ed it, and that if the Commission wanted to check with the Build ing Department, they would find there have been no complaints registered since he purchased the property. Mr. Crane stated that people in the neighborhood have written letters and signed statements indicating they have no objection to the proposed auto transmission/clutch repair operation on this site, and that the property has, in fact, been used as a garage for over 40 years. He stated that he does not want any junk cars on the site. Mr. Crane stated that he had cancelled the lease with the former tenant, Englewood Imports, for a number of reasons. Mr. Carson asked the distance from the rear of the building to the chain link fence? Mr. Crane stated that he would estimate 60 feet between the rear of the building and the fence; the structure sits back from the street 20 to 30 feet. Mr. Carson asked if the le see would be storing vehicles at the rear of the building? Mr. Crane stated that it is his understanding this is not planned, but referred to the leasee, Mr. Charles Partridge. Mr. Partridge stated that any storage of v hicles would be on a temporary basis --over-night if someone could not get by to pick up their car. He will be offering one-day service, and does not anticipate storage of vehicles for any period of tim. H stated that th re will be no junk vehicles on the premi ses, and that the house on the site will b us d for the storage of transmission repair part ; th office will be maintained in the garage. Mr. McBrayer asked what guarantee maintain the other r nt o f th me t s with p rt of th rant rap rty, • I • • • • -4- Mr. Gilchrist noted that the staff report indicates there was no response from the City Engineer; he asked for an explanation on this. Mrs. Romans stated that frequently if a department sees no problem with a request, there is no written response. Mr. McBrayer inquired of Assistant City Attorney Holland what recourse the City would have if this proposal were to be approved, and the leasee starts storing cars on the site for long periods of time, or accummulates junk vehicles on the lot. Mr. Holland stated that the Planning Co111111ission can place conditions for the applicant/leasee to meet on the approval of the request if the Commission feels they are necessary to protect the area; the Commission may also impose a time limitation and make the use subject to periodic review by the Commission. If there is obvious violation and the property is not used as has been represented, then corrective procedures could be taken. Hr. Allen stated that this s ite has been used for auto repair for at least 30 years, And there is no change in the character of the use proposed. Mr. Tanguma asked if there would be any retailing or wholesaling from this site? Hr. Partridge stated that only in the repair of the transmission or clutch. Mr. McBrayer asked if there was anyone else who wished to address the Com- mission in favor of this proposal? Mr. Willis Resley 3540 South Marion -s tated that he has lived at this location for 29 years, and that the property wa s used for garage purposes when he moved to this neighborho d. Re stated that there has never been any problem caused by this use, and that he feels it is nice to have a garage located in th neighborhood. H stated that he would rath r see the site used for gar g purposes than r main vacant, and stat d that he is in favor of th granting of th request. Hr. Anthony Monte 3527 South Marion -stat d th this parents mov d into this neighborhood in 1947, and that h has lived th r all his life. He stated that Mr. Cr ne is th b st n ighbor thy have had, and ther ha s never b n any probl m with this ite. It is w 11 taken car of. He stated th the f els th g s good id a, and a long as th tenant will tak care rty, h is in favor of it. th r w r ny on in th audienc who wi hed to sp ak request, or if ther w r further co111111 nts to be mad Mr.McBr in oppo on thi No on ls i ndic t d they want d to addr as th Coaaission. Car on mov d: St l cond d: Th Publl JI aring b clos d. AYp;S: KcBr yr, nti, Sto 1, Tan ma, Allen, Barbr • cker, Caraon, Gilcht"iat NAYS: Non Th motion rri d. • I • • • • - -5- Gilchrist moved: Carson seconded: The Planning Commission approve the application for approval of an auto transmission/clutch repair business as a Conditional Use at 1236 East Hampden Avenue. It is understood that the applicant will comply with Article 29 of the 1979 Uniform Fire Code. AYES: Senti, Stoel, Tanguma, Allen, Barbre, Becker, Carson, Gilchrist, McBrayer NAYS: None The motion carried. IV. SUBDIVISION WAIVER Louis C. Tepe 1600 West Dartmouth Avenue CASE #16-82 Hr. HcBrayer stated that the staff report had been sent to the Commission in advance of the meeting, and the proposed plat of the subdivision was submitted to the Commission this evening. He asked if there were any questions of the staff regarding the staff report? He then asked if the staff had any additional comments they wished to add to the staff report? Hrs. Romans stated that if there were questions, either she or Mr. Sitt would try to answer them. Mr. McBrayer asked th applicant if he would like to address the Commission? Mr. Louis Tepe stated that 1600 West Dartmouth is part of the Welbourn Development, and that he has occupied these premises for about seven y ars. Mr. Tepe stated that h had an option to purchase the property froa Mr. W lbourne when h signed the lease in 1975; when Kr. W lbourne sold hi s property to anoth r individual, Mr. Tep stated that h exercised his op- tion to purchas ; h th n, in turn, sold to another individual, and r tain d a small parcel of land that he wants to dev lop for hi s business. Tep if h th • 0 I • • -• • • -6- Mr. McBrayer noted that the Fire Department required adequate access for emergency vehicles; he asked if this department would review plans for de- velopment when they were submitted? Mrs. Romans stated that the Fire Depart- ment does have to review plans for development. Mr. Gilchrist stated that he felt it should be strongly stated that no building permits shall issue until the applicant complies with the require- ments of the Engineering and Utilities Departments. Mr. McBrayer stated that this could be made a part of the recommendation; he asked if Mr. Tepe would agree to this stipulation? Mr. Tepe stated that he would agree. Mr. McBrayer asked if the r e was anyone else who wished to address the Com- mission on this matter? Mr. McBrayer then asked the staff if they had any- thing further to add? Mr. Stitt stated that he had talked to Mr. Welbourne and informed him of the date and time of this meeting; Mr. Welbourne called Mr. Stitt earlier this date to say that he would not be in attendance at the meeting, and did not feel his comments would pertain to the matter of the subdivision waiver. He stated that the matter of water and sewer was of concern to him. Becker moved: Carson seconded: The Planning Commission approve the Subdivision Waiver application of Louis C. Tepe, Resolution #2, Series of 1982, with the following conditions: TI1e applicant shall: 1. Provid details of c urb cut design. 2. Pr pre topogr phic maps showing existing and proposed dralnag on and off-site. 3. Pr par a 10-y ar storm drainage study with provisions for on-site detention. 4. Obt in a lett r from PSC granting use of their e s nt. 5. Supply proof th t 11 xisting water ands w r mains 6. 7. r in a r cord d ment. In th event they are not, th mu t be giv n recorded e sem nts. t D s ociation has been 1 Park for th nd s w r lin s. AYES: I, T ngu , All n, arbr , 8 ck r, Car on, Gilchrist, McBr yr, S ntJ NAYS: Non 111 lllOt I n rri d. • I • • • V. SUBDIVISION WAIVER Leonard Chesler 2303 East Dartmouth Avenue -7- • • - CASE 1117-82 Mr. McBrayer stated that the request before the Commission is for a Sub- division Waiver on property at 2303 East Dartmouth Avenue, which property is owned by Mr. and Mrs. Leonard Chesler. Mr. McBrayer asked if the Com- mission had any questions of the staff at this time? Hearing no questions from the C<>lllllission, he then asked if the staff had anything further to add to the staff report? Mrs. Romans stated that the staff report is inclusive, and pointed out that Mr. Stitt has mounted on the display easel, copies of the original Hampden Hills .Baptist Church Subdivision Plat, and a copy of the waiver which was granted in 1979. Mrs. Romans stated that Mr. and Mrs. Chesler are represented by Mr. Bernard V. Berardini. Mr. Berardini stated that he does represent Mr. and Mrs. Che sler, and ·that both be and Mr. and Mrs. Chesler received copi es of the staff r e port. Mr. Berardini reported that he had met with Mrs. Romans and other s taff member s several weeks ago to review concerns that had been expressed by staff mem- bers of the various city departments. Mr. Berardini stated that the con- ditions suggested in the staff report to be imposed on the granting of the request are reasonable. Mr. Berardini asked if the Comn.ission had any questions to ask of him? Mr. McBrayer asked what the ultimate use of the land would be ? Mr. Berardi n i s tated that Parcel "B", as indicated on the Plat, is the location of the structure known as th "Brown House", which i s on the market now. Parcel "C" which is to the north of the Church property, i s not planned for im- mediate development. Mr. McBrayer questioned the neces sity of installing a f i re hydrant j ust because of the divi sion of the land and the po ss ible development of Parcel C. Mr s. Roman s s tated that s he has not discussed thi s any furthe r wi th Fir e Ma rsha l Grod i t s k i , but s he unde r s tood t hat i t is a c on cern of t he Fir e De pa r t ment t hat this a r ea h ave ade quate fi r e pr o t ec t i on. Mr . Stoel stated that he fel t the mat ter of d e qua t e fire prot ect ion is already a problem in this ar a , and cited t h dea t h t h at occured in a fire a year or t wo ago. Mr. McBrayer asked if the pplicants a r e aw are of t h drainag problems caused by a "gap" i n t h b rm? Mr. B rard i n i stat d that t h y are awar of this. Mr. Gilchrist s u gges t e d that t h Fir e Depart men t r quir nt of a fire De partment of Com-hydrant be mad requ ir n t and a pr requ isite of t h munity Dev lop ot . this would b b don on th rardini if h 15 foot as stat d that h h ad b n able to work out th ot? Mr. B rard ini i o dicat d didn't know wh th r this could Mrs. Romane diacuea d th requir ta iapoe d at th ti th waiv r wae rant din 1 79, nam ly that curb, gu tt r, sidewalk and pav in be install d. • I • • • • • • -8- This has not been done to this date. The staff had indicated to the church representatives that the curb, gutter, and sidewalk did not have to be in- stalled until the "Brown House" was relocated to the present location. How- ever, the house has been relocated for several years now, and the curb, gutter, and sidewalk has still not been installed. It is suggested that no building permits b issued until the curb , gutter, and sidewalk work is completed to ci ty specification. Mr. Be r ardini sta t ed that Mr . and Mrs. Chesler are agree- able to installing the ver t ical c u rb. Mr. Gilchrist discussed a sta t ement that had been on the bottom of the Tepe Subdivision Waiver consider e d just p r eviously, which indicated that all costs incurred would be the responsibility of the applicant; he stated that this statement to which he refers makes it mandatory that the applicant pay the costs, but such a statement does n ot appear on the application filed by the Cheslers. Mr. Berardini stated that the applicants do expect to bear the costs incurred as a result of the application with the exception of the fire hydrant; he stated that he did not know who would bear the expense of the installation of the fire hydrant. Mr. Berardini asked if it was the intent of the Conunission that this cost be imposed on Mr. and Mrs . Chesler? Mr. Gilchrist stated that he felt if the statement making it mandatory that the costs incurred as a result of the application are to be assumed by the applicant is approved as a part of the Waiver, this would be a cost to the applicants. Mr. Berardinl stated that he would agree that the five conditions imposed by the Conununity Development D partment on the granting of the waiver would be mandatory. Mr. B rardini asked if any member of the Commission had an estimate on the cost of a fire hydrant installation? Mr . Allen stated that lt could range from $4,000 to $25,000 , depending on the tap fee, and where it is located. Oii;cussion ensu d. Mr. HcBrayer asked if such an expens is normally charged to th City or to th developer? Mrs. Romans pointed out that th d•v loper of the avajo Industri 1 Park had to bear the cost of the fire hydrant installation, s have other dev lopers in th City, nd th t thi is not a cost that the City normally assum s. Mrs. Romans sug- gested that pas ibly the applicants and Mr. Berardini may want to meet with Fi re Marsh 1 Grod!tski to determin the necessity for such an installation since the hydrant would not be on the Chesl r prop rty. Further discussion ensued. Mr. M Bray r c c nf r with hi Th meeting r C r ·on , G1 lchr1 1bsent. Mr. 111,ll t lull Commis ion to m tt r of th fir • n bl Mr. Berardini to hydrant install tion. ck r, w r I • • In • • • -9- Mrs. Romans stated that she understood Mr. Berardini has been working with Mr. Fonda relative to utility service. Mrs. Roman s stated that if Mr. and Mrs. Chesler are agreeable to the additional time, there appear to be sever al things that need further clarification. Mr. McBrayer suggested that the Commission be presented with an up-dated staff report and lis t of conditions to be imposed on the granting of the waiver, and suggested that the dra inage problem caused b y a gap in the berm also be included as a c ondit ion to be met by the applicant. Mrs. Romans stated that a drainage plan wou ld have to be submitted before a building permit could be issued; drainage problems would be taken care of at that time, if it has not been taken care of at this date. Mr. Chesler has stated that the gap has been repaired, and that t he water has been retained on the site. Further discussion ensued. Mr. Berardini stated that his clients are not opposing adequate fire pro- tection, but they would like clarificaton of what properties are to be se rved by this fire hydrant, and the estimated cost of installation. Mr. Berardini reiterated that the only que s tion in the mind of his clients is the matter of the fire hydrant; they are willing to commit to the remainder of the c ondit i ons sugges ted by the staff. Mr. Tanguma spoke in opposition to postponing the decision on thi s matter for two weeks; he pointed out that the only question is on the fire hydrant . Mr. McBrayer questioned whether the Commission could grant the s ubdivision waiver without addressing the issue of the fire hydrant. Mr. Tanguma pointed out that a c ity department made the recouunendation that a fire hydrant be in- stalled, and that it is policy that the developers pay for the hydrant if it is requ ired to provide s rvice to the development. Further discussion ensued. Mr. McBrayer asked Mr . Berardini if the applicants would rather have the ma tter delayed for two weeks , or if approval was g r a nted a t this meeting , have the cost of the fir hydrant i nstallat ion imposed on the applicant? Mr . Berardini stat d that h felt the qu estion of cost of the fire hydrant was important and should b addressed , and wh ether a fire hydrant is needed in this particular location should also be determined. Mr. Allen point d out th t if a water line is not availabl to serve the fire hydrant, there could be gr at expense in the extension of the water line. Mr. Berardini tat d that h und rstood th re is a water line in South Univ rsity Boulevard; th r is nos w r lin Mr. Gilchri tag in mad ref renc ubdivision w iver that and stated that ina much such a statement on this que tion of costs of th would b th r spon ibillty Mr. R ns st t d that th staff viou subdivi ion w iv r during th ( atur of th ubdiviaion waiv r ticul r applicant. n, try nd pplication fo~. on cha pplication. Hrs. with th inclu ion o tailar applic ion, h w v r. • vioua pplic nt, pr - usual that pr- r cords I • • • • • -1 0 - Mr. Gilchrist asked the staff opinion on who should bear the costs incurred by the application? Mr s. Roman s s tated that th costs are normally assigned to the d eveloper. Discussion ensued. Carson moved: Stoel seconded: Case #17-82 , Subdivision Mrs. Leonard Ch 1 r, b aiver application by Mr. and continued to Augu st 17th, 1982. AYES: Alle n, Barbre, Be cker, Carson, McBrayer, Se nti, Stoel NAYS: Tanguma, Gilchrist The motion carried. IV. FINDINGS OF FACT CASE #9-82 Mr. McBrayer stated that the Findings of Fact on Case 89-82, amendment of the Comprehensive Zoning Ordinance to establish standards for the Board of Adjustment and Appeals to follow in granting variances to the Sign Code, were to be considered. Carson moved: Barbre seconded: The Planning Commission approve the Findings of Fact on Case 89-82, as written, and refer said Findings of Fact to the City Council. AYES: Allen, Barbre, Becker, Carson, McBrayer, Senti, Tanguma NAYS: None ABSTAIN: Gilchris t, Stoel The mot ion carried. CASE #11-82 Mr.McBray r sta ted that th Findings of Fact pertaining to Ca se 111-82, amendment of the Compre hensive Zoning Ordinance to allow for exempt i on of public ut iliti s owned and/or operated by the City of Englewood from meeting the requirements of th Zoning Ord inance, were to be considered for approval. Car on mov d: B ck rs cond d: Th Findings of Fact on Cas #11-82 b pprov d as wr itten , nd th t i d Findings of Fact b referred to the City Council. AYES: B ck r, Carson, McBray r, S nti, Tanguma, Allen, B rbre NAYS: Non ABSTAIN: Gilchrist, Sto 1 Th motion carri d. VII. _!!JBLIC ~ Th r w no on pre nt to addre•• th Comllis aion. • I • • • • • • -11- VIII . DIRECTOR'S CHOICE. Mrs. Romans reported that progress is continuing on the Waterford Develop- ment, and on the Cinderella City remodeling. The Promote Englewood Committee will have their next meeting August 10th at 7:30 A.M. IX. COMMISSIONER'S CHOICE. Mr. McBrayer asked for an up-date on the Hearing that was scheduled for July 26th? Mr. Holland stated that the Court had another matter under consideration, and declined to hear the matter. Mr. Holland stated that a motion to quash the subpoenas was set for hearing on December 21st, and that a hearing on the merits of the case were set for January 25th, 1983. Discussion ensued. Ms. Becker cited newspaper articles and verbal concerns that have been ex- pressed to her concerning the role, responsibility and authority of the Planning Commission, particularly in relation to other boards and commissions of the City. Ms. Becker stated that she would like to suggest that a study session be scheduled to thoroughly investigate and discuss this matter. Discussion ensued. Mr. McBrayer read a letter from Mr. John Pearce of Englewood Hardware, ex- pressing his appreciation to the Planning Commission for their concern and interest in the problems facing some of the businessmen who will be relocated during the redevelopment program. Mr. McBrayer presented a letter that he had drafted regarding the need for a relocation plan, and assistance to the businessmen who will be displaced. Discussion on the draft letter ensued. Mr. Holland discussed various sources which set forth the powers, duties, and responsibilities of the Planning Commission. He stated that he wou ld review these various sources for the Commission at a study session if the Commission would so desire. The Commission indicated that Mr. Holland should gather this information for discussion at a later time. Furth r discussion ensued regarding th draft of the letter Mr. HcBrayer h d prepar d. Mrs. Beck r sugg t d that th 1 tter be mend d by rewording the fir s t ent nc of th lat paragr ph nd including thats ntenc in th a cond par gr ph. Car on mov d: Sto 1 conded: lb 1 tt r propos d by Hr. HcBrayer, a a nded, b sent to th Urban Rn wal Authority. nsu d. It wa au std that p rh pa th 1 tt r would mar sent to th City Council, nd 1 t any communicat ion to th al Authority co from th City Council. Furth r discussion Hr. Carson and Hr. St 1 withdr w th ir motion. It w d eug std that th 1 tter b nt to th City Council. r draft d by th staff and Hr. HcBray r, • I • • • • • • -12- Becker moved: Carson seconded: The staff and Chairman McBrayer be authorized to rewrite the letter and send it to City Council. AYES: McBrayer, Senti, Stoel, Tanguma, Allen, Barbre, Becker, Carson NAYS: None ABSTAIN: Gilchrist The motion carried. Hr. Stoel and Mr. Gilchrist reported on the Landscaping CoDDJ1ittee. Mr. Stoel stated that it was his opinion that the City Greenhouses c ould not be of too much assistance in providing plantings. Mr. Gilchri s t stated that he was very impressed with the staff and their dedication to their job; he felt they were doing a great job considering what they have been given to work with. Mr . Gilchrist noted that at the meeting of July 13th, he and Mr. Stoel had requested suggestions from the CoDDJ1ission on locations that they wanted to see landscaped; he noted that no suggestions have been received yet. Further brief discussion followed. The meeting adjourned at 9:30 P.H. ~ft4- Recording Secretary • I • • - • • • • • -12- Becker moved: Carson seconded: The staff and Chairman McBrayer be authorized to rewrite the letter and send it to City Council. AYES: McBrayer, Senti, Stoel, Tanguma, Allen, Barbre, Becker, Carson NAYS: None ABSTAIN: Gilchrist The motion carried. Mr. Stoel and Mr. Gilchrist reported on the Landscaping Conmrlttee. Mr. Stoel stated that it was his opinion that the City Greenhouses could not be of too much assistance in providing plantings. Mr. Gilchrist stated that he was very impressed with the staff and their dedication to their job; he felt they were doing a great job considering what they have been given to work with. Mr. Gilchrist noted that at the meeting of July 13th, he and Mr. Stoel had requested suggestions from the Commission on locations that they wanted to see landscaped; he noted that no suggestions have been received yet. Further brief discussion followed. The meeting adjourned at 9:30 P.M. • I • • -• • • CITY PLANNING AND ZONING COMMISSION ENGLEWOOD, COLORADO IN THE MATTER OF CASE NO. 11-82, ) FI NDINGS OF FACT , CONCLUSIONS, ) AND RECOMMENDATION RELATING TO ) AN AMENDMENT TO §22.1-8 OF THE ) COMPREHENSIVE ZONING ORDINANCE, ) ORDINANCE NO. 26, SERIES OF 1963, ) CITY OF ENGLEWOOD, COLORADO; ) WHICH AMENDMENT RELATES TO THE ) EXEMPTION OF PUBLIC UTILITIES ) PRE SENTLY OWNED OR OPERATED BY ) THE CITY OF ENGLEWOOD AND PUBLIC ) UTILITIES TO BE OWNED OR OPERATED ) BY THE CITY OF ENGLEWOOD. ) A Public Hearing wa s h eld on July 20 , 1982, in connection with Case No. 11-82 in the City Council Chambers in the Englewood City Hall. The following members of the City Planning and Zoning Commission were present: Hrs. Becker, Hr. Tanguma, Hr. Allen, Hr. Barbre, Hr. Carson, Mr. McBrayer, and Hr. Senti. The following member s were absent: Hr. Gilchrist and Mr. Sto 1. FINDINGS OF FACT Upon r view of th e vidence taken in th form of testimony, presentations , r ports and fil d documents, the City Planning and Zoning Commis ion mak s th following Findings of Fact. 1. That prop r notic of the Public Hearing was given. 2. That upon the recoaaendation of the City Pl nning and Zoning Coaaiaaion, th City Council adopt d • Comp r h naiv Pl n for th City of En 1 od by aolution o. 49, Sri s of 1979, on 197 , and that 113 Engl od citiz ns, prop rty own ra, nd particip t din th d v lopm t of that Compr h n iv Plan. pproving th Compr h naive for th City which re City Council Compr h n siv citiz n a of tom intain Engl wood aa on Th • 1btl1ty to provid th Ci goala affira th ing to con inu uniti • in th O tropolitan area. ull-rvic city , th ov rn nt ha a aaum d th th n aaary eunic1p l rvfc • to th prop rti • S. 11\a h proviaion o th I rvic I ta ial in ord r th C uni y. t o utnt ln th h 11th, • ty, w far , d c nv nt nc • 0 I • • • - -2- 6. That the City-owned and operated water and sewer servi c e i s provided to residents of the City of Englewood and it is essential that these services be maintained. 7. That at this time, water and sewer services are the on ly city-owned utilit ies ; but in the future, the City may find it desirable and necessary to provide others. 8. That the Com prehensive Zoning Or dinan ce regulations are ambiguous a s to the application of that ordinance t o the construction of any city-owned and operated public utilities and this issue should be remed ied. 9. That by exempting City-owned and operated utilities from the provisions of the Comprehensive Zoning Ordinance which may be conflicting, the City can fulfill its obligation to provide and maintain the necessary facilities for the health, safet y, welfar e and convenience of its residents. 10. That the Water and Sewer Board and the Ci ty Council revie w the ins tallation of City-owned and operated util ities and will evaluate the necessity of s uch installation to the public before giving approval. 11. That no persons appeared at the Public Hearing who indicated a de sire to address the Commission either in favor of or in opposition to the proposed amendment to §22.1-8 of the Comprehensive Zoning Ordinance. CONCLUSIONS 1. That proper notice of the Public Hearing was given in compliance with f22.3-4 of th Comprehensive Zoning Ordinance. 2. regard to thi That no pers on s present wish d to matter. ddr ss the Commission in 3. That the goals for th long-rang planning for the desired developm nt of th City of Englewood, Color do, w r pproved by the City Council in~ s olution No. 49, Seri s of 1979, upon th recomm ndation of th City Pl nning and Zoning Commission and r cord din the offic of th Ar paho CoW1ty Cl rk and R corder. That Articl VIII, P rt II, S ction SB of th Hom of th City of Engl wood, Colorado, st forth th dutiea of th nd Zanin Cammi s ion, s tating th t "it hall Ci ty Council, a Compr h n ive Zoning Ordin nc revis ion th r to with uch provisions as th o r d air bl for th promotion of th h alth, 1 f ty, moral,, w lfar of th inh bit nt s of the City." and the th Commi ss ion i of h opinion tha th propo d m nd- Compr h naive Zanin& Ordin nc ex mpting City-own d utiliti a from regulati n1 of 1aid Ordinance will urth r Compr h naive Plan and will carry ou th dir ctiv of 6. Th t th Wat r nd S w r rd d City Council revi w th • I • • • • • • - -3- installation of City-owned and operated utilities and will evaluate the necessity for the installation to the public before giving approval. RECOMMENDATION Therefore, it is the recommendation of the City Planning and Zoning Commission to the City Council, that the Comprehensive Zoning Ordinance, Ordinance No. 26, Series of 1963, as amended, be amended by adding §22.1-8 to the Comprehensive Zoning Ordinance, which states : §22.1-8 Applicability of Regulations The regulations, requirements, limitations and pro- visions of the Ordinance shall not apply to public utilities presently owned or operated by the City of Englewood and public utilities to be owned or operated by the City of Englewood. However, this does not re- lieve from the duty to obtain building permits those contractors who build or assist in building any City- owned or operated utility. Upon the vote on a motion made at the meeting of the City Planning and Zoning Commission July 20, 1982. Those members voting in favor of the motion: Mr. Allen, Mr. Barbr , Hrs. Becker, Hr. Carson, Mr. Senti, Hr. Tanguma. Those members voting in opposition to the motion: Mr. HcBrayer. Those members absent: Hr. Stoel and Hr. Gilchrist. By Order of the City Planning and Zoning Commission. • I • • • • • CITY PLANN I NG AND ZONING COMMI SSIO N EN GLEWOOD, COLORADO IN THE MATT ER OF CASE NO. 9-82, ) FINDIN GS OF FACT , CONCLUSION S , ) AN D RECOMMENDATIONS RELATING TO ) AN AMENDMENT TO §22.2-6 OF THE ) COMPREHENSIVE ZONIN G ORD I NANC E, ) ORDINANCE NO. 26, SE RIES OF ) 1963, CITY OF ENGLEWOOD, ) COLORADO; WHICH AMENDMENT RE -) LATES TO THE VARIANCE CRITERIA ) ESTABLISHED RELATIVE TO ) VARIANCES FROM §22.7 OF THE ) COMPREHENSIVE ZON I NG ORDINANCE, ) SIGN CODE. ) A Pu blic He ari ng wa s held on July 20, 198 2 , i n conn ection with Case No. 9-82 in t he City Coun cil Chambers in the En g lewoo d Ci t y Hall. Th e fol lowing memb e r s of the City Planning and Zoni ng Commis sion we r e pr esent: Mr. Tanguma, Mr . Allen, Mr s. Becker, Mr . Ba rbre , Mr . Carson , Mr. McBraye r and Mr. Sent i . The fo l lowing membe rs we r e ab sen t: Mr. Gilchris t, and Mr. Stoel . FINDIN GS OF FACT Upon r view of the evidence t a ken i n th f orm of testimon y , presentations , r eports, an d filed document s , th City Plann i n g and Zon i n g Commission makes the followi n g Findings of Fa c t. 1. Th t proper notic of t h Pub lic H ar ing was given. 2. That upon the recommenda t i on of th Ci t y Planning and Zo ning Commission, th City Council adopted a n ew a nd revised Sign Cod for t h City of Englewood by Ordinance No. 29, Series of 1982, on July 6, 1982, and that Engl wood citiz ns, prop rty owners, nd busin 88 people p rticipat d i n th d v lopm n of th t Sign Cod • 3. Th t upon th r c ndation of th City Pl nning nd Zonin Commi sion, th City Council dopt d a Compreh n ive Plan for th Ci y of Englewood by R solution No. 49, Sri of 1979, on D cember 3, 1979, and that 113 Englewood citiz ns ctively particip t din the d v lopm nt of that Pl n. 4. Th t in pproving th Compr h nsiv Pl n, th dopt d rtain go ls or th City, which go ls affirm th c1tiz n s o Engl wo d to, int r lia: coura V ri ty of nd upport th vitality It bli1h d bu1in II 1; nd th ity Council d sir of th xlsting Prov d th ell t for at racting n w busin •• 1, thu in r a11na our tax ba d • I • • • - -2- Improve the visual aspects of bus i n esses both i n t he central business district and along c ommercia l s trips. To thi s end, attention must be given to sign co ntrol i n these areas. I mprove the visual qual i t y of the City . 5. To improve and enhance the aesthetic character of the Ci t y and protect the residential, commercial and industrial areas in th e City, it was necessary to seek the removal of signs which detract from the aesthetic standards of the community or which pose a threat to the pub lic health, safety and welfare, in the most expeditious manner possible. 6. That the c riteria by which the request for a variance to other sections of the Comprehensive Zoning Ordinance is weighed are not ne c essarily applicable to requests for variances to the Sign Code, and for this r eason, new criteria has been developed which will pertain specifically to the re- quests for variances from the regulations pertaining to signs. 7. That the repealed Sign Code had no amortization provision and "grandfathered" in all signs which were in existence at the time it wa s adopted. 8 . That many sign s are i n e x is t e nce throughout the City wh ich will no t be permitted under the new ordinanc e, and steps will be taken to no ti fy the owner o r lessee o f all s igns which must be removed or brought int o co mp lian ce withi n a spe cifi ed time period. 9. That if the owner or less e of the sign wh ich is not in complianc with the new Sign Co de wi shes to appea l th no t ice , an appeal is first made to the Director of Conanun i t y Deve l opment. 10. or prohibi t e d appe al can b of hazardous of th 12. tion of thi tak n upon th That if the own e r or l ess of t he a bandone d, n on con forming, sign is not s atisfied with t h d ecision of the Di r ector , an ma d to the Board of Ad j ustm n t and Appals (wi th th exc ption signs). procedur nd bu in d Sign Cod of Engl wood. follow d by th Board of •ts for variances to provisions forth in th nd d 12 2.2-6c hich did not conform to th r gul - to any action 13. TI1at by st bliahing n w vari nc to Si n Cod r gul tions conci r view procedur ff ctiv ly d al wi t h variances from thia Cod crit ria r C n b d d e.lr th propo 14. 0 H rin who indict d or in opposition to z nina Ordin I • • • • -3- CONCLUSIONS 1. That proper notice of th e Public Hearing wa s given in compliance with §22 .3-4 of the Comprehensive Zoning Or dinance . 2. That no p rsons pr esen t wis hed to a d dress t he Commission in regard to this matter. 3 . That the Goals for the long-range planning for the develop- ment of the City of Englewood, Colorado, were approved by the City Co un cil in Ordinance No .29 , Se ries of 1982, upon the recommendation of the Ci t y Plann i n g and Zo nin g Co mmis sion and recorded in the office of the Ar apahoe Co unty Clerk and Recorder. 4. That the fo l l owing goals of the City of Englewood as s tat ed i n the Comprehensive Plan are germane to the issue at hand: To e ncourage and support the vi tality and the existing variety of established businesses; To provid e the climate for attracting new businesses, thus increasing our tax base; and To i mprove the visual aspect s of businesses both in the central bu sines s d is trict and along commercial st ri ps. To this end , attention must be given to sign con trol in th s ar as. To Jmprov th visual quality of the Ci t y. 5. Th t th Commissio n is of the opinion that con sidering an ·mendment to th varianc criteria pr sently est blished which would specific lly addr•ss variances from §22.7 of th Comp r he nsive Zoning Ordinan ce , Sign Code, will further goal of the 1979 Compr h nsive Plan. is th C l ty of I Iv Zonin RECOMMENDATION th City Pl nning nd Compr hen iv Zoning Ordlnanc , nd d, b am nd d by dding §22.2-6c{2) wh ich stats: §.!2.2-(2) r qu st for Cod , 122. 7 o th l. Board of rmin th • I • - • • • • -4- or conditions must be peculiar to the particular business or enterprise to which the applicant desires to draw attention, and do not apply generally to all businesses or enterprises. 2. The variance, if authorized, will weaken neither the general purpose of this Ordinance nor the reg~lations prescribed for the District in which the sign is located. 3. The variance, if authorized, will not alter the essential character of the District in which the sign is located. 4. The variance, if authorized, will not substantially or permanently injure the appropriate use of ad- jacent conforming property. Upon the vote on a motion made at the meeting of the City Planning and Zoning Commission on July 20, 1982. Those members voting in favor of the motion: Becker, Carson, McBrayer, Senti, Tanguma , Allen, Barbre. Those members voting in opposition: None. Absent were: Gilchrist and Stoel. By Order of th City Planning and Zoning Collllllission. • I • • • • - MINUTES ENGLEWOOD PUBLIC LIBRARY ADVISORY BOARD August 10, 1982 5 Chairman Bob Currie called the regular meeting of the Library Advisory Board to order at 7:32 p.m. PRESENT : Bob Currie, Jerry Valdes, Marietta Brown, Debbie Dix, Norm Kerswill, Dorothy Wheelehan ABSENT: Wilma Ankrum, Joe Rathburn, Kay Van Valkenburg ALSO PRESENT : Bonnie Forquer; Mrs . Currie Sharon Winkle, Director of Libraries Donna Gottberg, Recording Secretary Roll call was taken and a quorum declared present . Chairman Currie introduced Margaret "Bonnie" Forquer, from the State Employee Assistance Program, who spoke on Board Training and Organization . Mr. Currie turned the meeting over to Ms . Winkle for the Director's Report. She asked the Board to approve amendments to two policies: "Policy on Public Use of Permanent Exhibit Space" Amend to Read: "The space is not available for use by private parties, private businesses, polit ica l parties, or religious organizations." and "Policy on the Public Use of Library Conference Rooms" Amend to Read : "Private social events, meetings private businesses or political parties and religious ceremonies are not permitted." A brief discussion followed. 82-16 MOTION: That the amendment to the Public Use of Permanent Exhibit Space be approved with the provision that the City approve this as a legal change. Moved by : orm Ker s will Seconded by : Dorothy Wh e l e han Motion c r ri ed. 82-1 7 MOTIO : That the amendm nt on the Publ ic Use of Li br ry Conferenc e Rooms be • m de with the prov is ion th t the City approve thi s as leaal change. Moved by: orm Ker will S onded by: Jerry Valde s Motion carried. M. Winkle then proceeded to give a timetable of v n s related to acqui ition of an utoaated system, which b ains with th R v i w nd Iapleia nation Group v lua ion of 11 proposal r eived (on S p . 9 -10), its d s ion aiven to the Bo rd or evaluation at i s Sept . 14 • et1n1, ao i n on to City Council at its S pt . 20th tudy se s1on . c on nued ..•• • I • • -• • • -2- Sharon Winkle presented results of recent surveys of Library services for the Board to study and ask questions as necessary. The Library is coordinating the production of two videotapes in cooperation with other City departments. The tapes will be cablecast on United Cable of Colorado's public access channel. Chairman's Choice None Members' Choice With the discussion of the Suggestion Book Comments, Ms. Brown asked if these comments were helpful, needed anJ worth the time. Bo ard agreed it was worth- while, but felt it needed only be compiled every other month in the future . The Statistical Reports for June and July were briefly discussed . 1r . Currie gave a capsule report on the Ameri can Library Association (ALA) Conference held in July in Philadelphia. Th re is no further information available at this ti.Ille on the Colorado Library As oc1at1on (CLA) meeting to be held in October at Aurora. 2-1 nJo: To accept the Minutes from the Ju n e , 19 2 et1n and th hctivity port from the July 20, 1982 Meet i n , a 'WI'ltt n . nt Kcrs will tt Brown rn at 9:55 p .m. ·11 · 2 d • • I • • • • • ENGLEWOOD DOWNTOWN DEVELOPMENT AUTilORITY 3535 So. Sherman -Englewood, CO 80110 MINUTES August 11, 1982 Board Members Present: Bush, Close, Gasson, Holthaus, Kaufman, Mausolf, Neal, Owens, Pendleton Board Meabers Absent: Coleman, Maxwell Staff Present: M. Haviland, P. Dietrich Gueats: Gretchen Peacock, Di c k Hinson, Chri~ Holthaus Chairman Gasson called the Regular Meeting to order at 12:23 PM on Augu st 11, 1982. Following introduct ions, the Hinutea of the July R gular Meeting and the July 19, 1982 Special Meeting we re presented for approval. Mr. Pe ndl ton mov d, seconded by Hr . Kaufman, that th minutes o! the July 14, 19 2 R gular Heetin nd he minutes of the July 19, 1982 Sp cial Meetin b approved as present d. ThP tin wa~ passed unaniJllou 1ly by voice vote. BlLLS FOR PAYMENT -Hr. P ndleton pres nt d th bills for payment . ~d~by Hr. Close, thaL the bills for pay,n nt be approved. Th passed unanimously by voice vote. r. 'e 1 moved, mot ion w s REPORTS: Manag t T 811 -Hr. Kaufman indicated that Co-unity Dev lopa nt 81 Grant (CDIIG) fund, i rec e iv d frOII th F d ral ov ma nt, could for .. na .. nt, davelopa t, aa rkating, and g naral iaprov • nta lon Broadwa . Mr. P ndl ton aov d, aeconded by Ha . ns, that b it r olv d that th !DOA Board direct th !xecutiv Dire tor to proce d with the fonaul a tion of the cone pt and tllrl nt an application for CDBG grant funds in con- junction with th Cit Th 110ti n paas dun n iaously by voice vote. d Hr . P ndl t on• v d, 1 conded by Ha. Buah, ha th !x cut1v Dir tor also proce d wit h application for do nt of the Arte Grant. Th t f.J n w s paas d unaniaously y voice vo te. • I • • - • • • • DEVELOPMENT GUIDELINES -Mr. Pendleton moved, seconded by Mr. Kaufman , t o remove this item from the table . The motion was passed unanimousl y by voice vote. MS. Bush mo ved, seconde d by Mr . Ma usolf, to request a proposal for design guide lines proposal for the entire redevelopment project from EDAW and Don Ensign (Design Work- ahop) by August 31, 19 82. This proposal should have the Broadway facad e improveme nts and suggestions segregated from the remainder of the redevelopment proj ect so that Broadway illprovements c an be implemented expeditiously . NEW BUSINESS RECRUITMENT COMMITTEE -Mr . Kaufman contacted Meininger's regarding a ~e to Englewood, and they --;;ould like fur ther information. COMMUNICATION COMMITTEE -To facilitate commun ication between th e City and the authorities concerned with thd downtown redevelopment, a committee was formed con- sisting of Mayor Otis and Mayor Pro Tern Bradshaw from the City Council, Mr. Kaufman and Mr. Gasson from EDDA, and Mr. Powell and Mr. McClung from URA. This co mmittee was formed at the suggestion of the Cit y Council. TENANT AND PROPERTY FA.ClLlTATOlt . COMMITTEE -Hr. Hausolf moved, sec-ond d by Ms. Bus h, that"r:he°"EDDA Board approve the Executive Co111111ittee's recommendation to appoint a committee to c onsist of Mr. Pendleton, Mr. Close, Mr. Coleman, Mr. Kaufman, J,D, Pearce, and mer c hants from Acoma Street, and a representative fr om the Bra dy Corporation. The purpose fo this committee "is to act as an interface and facilitator between the City of lhglewood , Urban Renewal Authority, the devel oper and aff cted merchants and property owners in the redevelopment project area . See ATTAOlMENT A. TRI PARTY AGREEMENT -The Council will review the Tri Party Agre emen t and the redevelopment plan on August 23 , 1982. Mr. Gasson indicated that our atto rney haa reviewed the Tri Party Agreement and aaw no major problems with it. BRADY REPORT~ -Hr. Neal indicated that Brady did not giv a r port t o Coun il on assembly of property for clustering of financing packages for the dev lopment project•• he waa schedul d to do . The reason given was that the information was pro- prietary. Councilman N al indicated that he was concerned at this point, how v r. WAIJ(lNC !Q!!! Of ~ .Qfil'._ ~ -A walking tour of Little Dry Creek ha a cheduled for Au ust 2 , 19 2 at 9:00 AM, to b gin at 3483 South Acoma Str EDDA is cordially invit d to o on this tour. b en t. Th NEW BUSINESS DEVELOPMENT TRJP -Th Exe c utive Director was given appro val to proce d with plana to go to Calif~ for the purpoa of recrui ting new busin as t o thi area. This trip la spans r d nd fund d by the Chamb r of eo-re • Th re bin no furth r busin ss, th m~·t!n w djourned at l : 5 PH. • I • • -• • • ATTACHMENT A SUBCOMMITTEE OF ENGLEWOOD DOWNTOWN DEVELO PMENT AuntORITY "Committee to fa c ilitate re loc ation of South Acoma Street owners/tenant s ." 1. William Pendleton , Cha i rman 2. Gordon Close 3. Barry Coleman 4. Fred Kaufman 5. J. D. Pearce 6. I 's Merchants 7. Representative from Brady Corporation Priaary Responsibilities : Act as an interface between Englewood Downtown DPve lopment Authori t y, City of Eng l ewood, Urban Re newa l Authority and d 1., .·ioper. a, Addre ss their needs and conce rn s. b. Act as adviso ry committee on reloc ation . c. Identify/locate business sit es for relocation of tenants. d . When n go tiat i ns are taking place b tween the d ve loper and own rs or tenant s, a ommitte member or •embers shall attend and ac t as facilitator , if ne de d . e. Draft nd r collllll nd plan to City Council for the relocation of individuals !amil i s, and bus in SP d lsplaced by any property condemed as a resu l t of th rd velopm nt proj t, I • • I r:1 • • • • Englewood Parks and P.ecreation O:>mnission Minutes of August 12, 1982 5 F The regular 11Dnthly rreeting of the Engle,.-xxxi Parks and Recreation Comnission was called to order at 5 :30 p.m. by the Chairman, Jack Poole, in the In-service l'raining Roc~n of the Parks and Recreation office. Merrbers present: Allen , lkadshaw, fk>ardman, l loward, Poole ~s absent : Higday, Ranans, ex officio Also present: Leon Kuhn, AssistanL Director of Parks and Recreation Doug Foe, Assistant Director of Parks and Recreation Paul Fugate, Recreation Youth Council Jeff Weist, Recreatioo You h Council Bob 8rU1da e, 0:mruniLy Center Steering CanniLtee Chairmm Don Fullerton, O:mrunity Center Steering Camri.ttee George Perrin, O:mrunity Center Steering Camri.ttee Jim Taylor, c.arrrunity Center Steering Cannittee Eugene Otis, 11ayor Joseph Bilo, Englewood City Council lhcrnas Fitzpatrick, Enr,l~ City Council John Neal, Englewood Ci Ly Council Robert Weist, Englel.OOCI City Council Andy l:tCown, City Manager Peter Vargas , AssistanL City ~,anap..er Rick De\~itt, City /\ttomey Chairman Poole asked if there ,.ere any additions or corrections to the minutes of the meeting of June 10, 1982 . Assistant Director Kuhn responded , stating that on page 5, par . 1, line four should be corrccLed to rca<l "lie estirroLes that $15,000 in acklitional costs for lighting will be need d per year." Also, ·ssioncr Howard responded, stating that on page 2, lin 15 should be correct d o read "At Director !brans' s sug- gs ion, minute ssion greed to rk with a many s udents as ar interested ." Th a corr ted . As U.L L Director Kuhn b i fly r rt I LO ssion concerning Lhc pronos.1 I concr t hik an.d bik Lrnil in<lic, tc<I Llw emu :c• tlill (ran Urban isc City wi ·hr ir.in , lon • ti Riv r . Wl h Lh • nit! of o di. , ~.11n, · ford /\vcn11<', ,l!'IJ he o l JO t ti I lc 1 ._1 ,1 1 r.iil le 1,._, in th1• $125,000-$1 0,000 . • I • • " -• • • ·. E..-igle.ood Parks and Recreation Camri.ssion Minutes of August 12, 1982 Page -2- Assistant Director Kulm also reported that the City Council approved the Camri.ssion's recormendation to accept the City Forester's program. Kuhn discussed sare possibilities that are being considered to aid the forester in her educational programs, tree disease investigations, etc . , including the possibility of obtaining a city marked vehicle, stating that this 'i,Ould be beneficial to her in enforcing the new tree onlinances. Concerning cost overrun involved with the purchase of the I.D . system and renovation of Spencer ball field lights, Camri.ssioner Bradshaw, in referring to City ~"anager t1::Cown' s letter 'Wherein he requested the staff to review its personnel budget in an attempt to absorb the cost of the ballfield lights rather than cut any existing programs, stated that the depart:nent ~uld not be allowed to go in the red as the actual budget figures are not yet known, but that it is intended for the depart:nent to absorb as nuch of the costs as possible . Assistant Director Kuhn reported that, after reviewing the Parks salary budget, there are funds available to meet the overrun costs of the ballfield lights . With regards to the proposed contract with 2101 Corporation for concessions at the golf course, Assistant Director Kuhn reported that the City Council approved the Camri.ssion' r dation Lo accept the contract, and added that th City of Sheridan approved a li r license effective August 6, 1982. As is Director Kuhn reported to th. Coomis ion on a schedule of imintenance tha has t,«,, draw, H ted for tennis court and all-p these expenses hav been put in th co t r•p,.,ir 1 r Lhc years 1 82-1 1&'1 . th r than the> , p- ital outlay budget. Kuhn explain that, pending on ar and t ar, scxne extra repait s ry, and it was suggested that a sign ins lled ti court sit~s L warn c..'OurL w crs agains \-K! ring elm\'.\ ing foo Assi ton Dir tor Kuln lso r ported on th tin cluboo ttending th iviti pin , organization oft y' r "*1il on the c url urf cc. olf cour only c-••n minr :..l Ci 1 , r 111.1rt'1 s, I • • E.:1gi~d Parks and Recreation Camri.ssion Minutes of August 12, 1982 Page -3- • • • • \::Cown to Director Ran.ans cornrending the entire department for all the hard work to make the day successful . Camri.ssioner Howard made a suggestion that lights be installed on the driving range. Conmi.ssioner Bradshaw then suggested that perhaps this could be done after the camunity center is constructed. Assistant Director Kuhn reviewed for the Recreation Connri.ssion the Planning Camri.ssion' s recoomendation to City Manager Mc:Cown on the five-year Capital Improvemen t program for the years 1983-1987, a copy of which was included in the Comnission meeting packets. 1be Planning Camri.ssion' s recomrendations appear to be very similar to the reconmendations of the Recreation Camri.ssion, ~ver, Qlairmm Poole questioned the Planning Camri.ssion placing M>I.Il.tain Park Property Lease for 1985 over the Cushing and Centennial parks expansions, for w.ri.ch the Coomission has been \.Orking for several years. llider the Camri.ssioner's cooice, Ccmnissioner Boarcman reported that the Scoool Board was very pleased and felt oonored that a,.o Englewood boys wrote and produced the play for the Recreation drama program, and they all felt it was very good. Assistant Director Foe stated tnat the show received very good publicity and coverage from the newspapers, and also that this year tickets were sold by Datatix, which may have added to the success of the play . Conmi.ssioner Boardnan requested a report to indicate the nurber in attendance and revenue taken in durinr, the three nir.,hts of the play. Foe indicated he would see that this report is provided . · ssioner l lowar<l inquired as to \.hen a new Scoool Boar<l ncrber will be .ippointc<l to rep ce Barbar Richards on the Recreation Coomission. ·ssion r Boarcknan r pl i that a new merber will be ppointed to the Scoool Board following interviews of the candidates, "*'ich are to be held this s evening' and that a noruer will th n be ()pointed Lo replac Barbara for th r in<ler of her term on t Recreation ·comnission . Pr sent for discussion cone ming the possibilities of cCXlllUlity center for Ci y C.Ouncil, City t City bnag r . '': Ly Attom y, and rs of t Engle d Lions Club c.onm..inity Cent St ring itt lt th g I al on w of v ryon pre en Lhal LI fir priunty i s Lu • I • • -• • • ---------. Englewood Parks and Recreation c.omni.ssion Minutes of August 12 , 1982 Page -4- choose the rrost appropriate site . There was much discussion concerning the three coosen sites: 1) Holberg property; 2) Meadow Gold Dairy property; and 3) ttllvaine property . City Manager ttCoW1 reported that when f irst approached, Meadow Gold Dairies did not -want to sell their property as it was their intention to expand their facility; however , after further discussion, it appears they rroy be willing to sell, if the City will assist them in obtaining an Industrial Develoµnent Bond . The possibility of a joint Meadow Q.ild Dairy/coom..inity center parking lot was also mentioned . ttO:.x.n will meet with !-Eadow Gold on Friday, August 13, 1982, for further discussion . It was reported that the rtilvaine property -would sell for approximately $7. 00 per sq. ft. Carm..nity Center Camri.ttee rreriler Taylor stated he felt this was a little high as ccmpared to $3 .20 per sq. ft . for Meadow Gold property. Steering Camri.ttee Olairman Bnndage reported that he and Director Romans spoke with Dave Peterson, nephew of Mrs. Holberg, 11,llQ did make an indication that the Holberg property -would rrost likely be made available for purchase for the purpose of building a cotmUr1ity center . Brundage suggested that Peterson be contacted further for the purpose of irrpressing the Camri.ssion's interest in the Holberg land . AfLer lllJCh discussion of these three sites, Councilman Bilo tioned, Fitzpatrick seconded, that the staff investigate all possibiliti~s of obtaining the Holberg property for the purpose of constructing a coomnity center. It was also the general concensus Lhal iL is noL favorable to pursue any ssibilities o( using Miller Field or any of L he parks in Englewood for the purpose of constructing a coom..nity center . in t 'Th ere was some discussion concerning a 3 .41 mil increase to aid in finan ·ine a ity center . The Carm..nity Center Steering Comnittee agr ed that thy 1'.QU]d oc f vor of s uch an incr After discussion, it was t majority couicil consensus t vote of the Lien . H r pli Comni sioner Boar pl i n ssary if ther t t t 7:00 p .m. is to Ix a can:n.:nity center . Comni i<n r pan d in or r L I lid ··:..h I • • - • . Fr1gl~d Parks and Recreation Ccmni.ssion Minutes of August 12, 1982 Page -5- • • • Chairman Poole asked if it would be feasible to set a ~ m::>nth tirre limit in sel- ecting a site for the camunity center . City Manager M::~ replied that to deal with these people effectively will take tirre . • After rcuch discussion, Ccmni.ssioner Bradshaw asked Assistant Director Foe to check with Northglenn and Aurora concerning operational costs for their ccmrunity centers. There was mention, also, of charging a liquor tax and head tax in Engle,ood as possible funding . And City Attorney DeWitt will check into charging an additional cigarette tax as another possibility for fu'lding. Councilman Fitzpatrick made a m::>tion to set up a goal of Septerrber 9, 1982, the next Recreation Ccmnissi.on meeting , to make a progress report concerning dealings with Dave Peterson for the Holbergs, Mr . ttllvaine, t~adow Gold Dairies, findings on oper- ational costs, etc . The m::>tion was seconded and approved . Steering Comnittee rreroers Bnndage and Taylor made a comni.ttment to Lise Ccmnission that the Lions Club stands ready to assist in planning, fu'ld -ais;ng, etc . and are awaitin the w:>rd to proceed. The meeting was adjourned at 7:30 p.m . • I • • - • • • • M E M O R A N D U M TO: Honorable Mayor Eugene L. Otis and Members of City Council FROM : Louis Parkinson, tlunicipal Judge-If DATE: September 2, 1982 SUBJECT: MUNICIPAL COURT ACTIVITY REPORT FOR JULY, 1982 Attached is the Municipal Court Activity Report for the month of July, 1982. The report is being transmitted to keep you further informed of Court activity and requires no action by City Council. /b Att. • I . . • • - MUNICIPIIL COURT ACT! V !TY REPORT REVENUE SOURCE JULY 1982 Vi o 1 a ti ons Bureau Fi nes-------------------S 4,040.00 Parking Violations Fines------------------S 3,471.00 Court Cases-------------------------------$ 13,585 .00 Court Costs-------------------------------$ 3,267.00 Witness Fees------------------------------S 80 . 00 Jury Fees---------------------------------S -0- Bond Forfeitures--------------------------$ 375 .00 Driver Improvement School Fees ------------S 75.00 Aprea 1 Bond Fees--------------------------S -0- Arapahoe County (DUI 's)-------------------S 1,085.f)() TOTALS S 25,97B.OO Arra i qnr,en ts------------------------------ Guilty pleas, (incl. nolo pleas)----- Not Guilty pleas--------------------- Cont 'd, Failed to Appear, Dism.------ TRAFFIC VIOLATIOflS BUREAU (no parking)---- Gui 1 ty pleas------------------------- Not Guilt!' pleas-----------·--··----- TRIALS SCHEDULED FOR P10flTH---------------- Trials to the Court (held)---··------ Jury tri a 1 s (held)--·--·--··-···-·--· Juries col lapsed---·----------------- Jury Pre-tria 1 s--·--·-·--··--·--··--·----· Court Pre-tria 1 s------·--··-----··-··----- Spec ta 1 Hearings-------·----··-··-··------ Cases closed b,v disposition (P.8.)-------- Cases closed by Def. Pros ./Sentence----·-- Driver School attendance------------·-··-- Warrants and hecuttons hsued------------ Cas es pending (not incl. parking)--·--···· IKl. OF CASES f!LEO BY CATAGORY: 407 196 l15 96 230 131 99 ~(~) 54 (27) 2 ( ll l 26 217 90 153 13 13 77 1,551 Traffic violltions---·-----·-···---·-·--·· 3a1 Ptrkinq violations----·-·-·------··--··-·-785 Shoplifting v1olltions------··-·-·-·----·· 69 Other ordinance viollt1ons----··-·--·--··· 17 4 Ani .. 1 ordinance violations---·-·-------·-6 C001plllnts (citizen, ules tu, bldo. )---- S Cause clUtions---·----·-·-·---------__ 9 TOTALS 1,435 Court cc : JULY 1981 5,417.00 4,939 .00 14,082.00 3,499.00 122.00 -0- 775.00 37~. 00 -O- HS.OD 29,954.50 569 220 196 !63 296 183 !13 256 (.?.§.) 231 (2 6) 25 ( O) 25 42 250 99 191 6 18 85 1,'140 503 928 36 263 22 4 ~ 1,836 rs of City Counc 11 • inhtrttor • TOT6.l.S TOTALS YEAR TO DATE LAST YEIIR 35,582.50 36,541.35 87,197.01 24,903.90 710.00 275.00 2,635.00 1,680.00 -0- 7 ,757 .00 197,232.26 2,380 1,164 693 523 2,051 l,21J 838 338 (153) 301 ( 142) 37 ( 11) 26 211 1,760 666 1,331 72 155 451 2,949 6,935 363 578 81 28 _.2l 11,007 ... 38,105.4D 45,103.34 77,508.00 23,223.00 762. 50 225.00 1,875.00 2,220.00 -0- 6,557 .5D 195,579.74 Ll!!4- 1,176 862 646 2,294 1,674 617 1,595 (fill 1,416 (141) 179 ( 16) 163 175 1,409 481 985 31 150 504 3,759 7 .479 201 757 167 50 _.!fil 12,413 I • • I n C O U N C I L DAT E August 25, 1982 • • • C O M M U N I C A T I O N AGENDA ITEM SUBJE CT ~A Wright-McLaughlin Proposal on Boreas Pass. IN I TI ATE D BY Wright-McLaughlin and Englewood Water and Sewer Board AC TI ON PRO PO SEO ___ A_.p_..p_r_o_ve_W_r_i.,.g_ht_-_M_c_La_u~g-h_l_i _n _' s~p_r_op.._o_s_a_l _t_o_s_t_ud~y~P_h_a_se_I __ _ improvements needed to develop the City 's water rights on Boreas Pass and authorize the City Manager to sign the agreement. INTRODUCTION: / The City has owned water rights on Boreas Pass for a considerable number of years. These rights are very senior Blue River rights and have a good use record, since they had been used by the railroads when the trains crossed the pass to Breckenridge. After these rights were acqu i red by the City, it entered an agreement with the Coors Company, who leased the rights and thereby put the water to benefi ci al use for a period of about ten years. The Coors contract, however, gave Coors an option to purchase the r ig ht s, su bject to an election in Englewood. In view of recent leases, the lease payments were extremely low for the type of water delivered to Coors and the purch ase price wa s al so very low. The agreement with Coors has term inated and the City is now operating the Boreas Pass Diversion . The water diverted across the Continental Divide is transrnountain water. It is the only transmountain water which Englewood may reuse. Englewood holds a claim to develop a small reservoir near the town of Como, Colorado, as part of the original decree. Water diverted across Boreas Pass may also be easily deposited in Mclellan Reservoir. It appears appropriate at this time for the City to begin investigating the potential development costs and benefits of the ditch and diversion facilities, as well as the reservoir. Planning should be done in stages and the results of early investigations would be used to define further work. On June 16, 1982, Ron McLaughlin, Vince Wertin and Stewart Fonda attended a field trip to Boreas Pass. It was noted the ditch itself appeared to be loosing water, in addition, substantial visible flows were being lost both in the areas of Indiana Creek and the upper creek. • > I • • C O U N C I L DAT E August 25, 1982 • • - C O M M U N I C A T I O N AGENDA ITEM SUBJECT Wright-McLaughlin Proposal on Bore a s Pass. ~A ,-----------~--~-~--~------------------- INITIA TED BY Wright-McLaughlin and Englewood Water and Sewer Board ACTION PROPO SED ___ A~p~p_ro_v_e_W_r_ig_h_t_-_M_cl_a_u_g~h_l_in-''s'-'"-p_ro~p_o~s_a_l_t~o ___ s~t_ud_y.__P_h_as~e_I __ _ improvements needed to develop the City 's water rights on Boreas Pass and authorize the Citv Manaaer to sian the aareement INTRODUCTION: / The City has owned water rights on Boreas Pass for a considerable number of years. These rights are very senior Blue River rights and have a good use record, since they had been used by the railroads when the trains crossed the pass to Breckenridge. After these rights were acquired by the City, it entered an agreement with the Coors Company, who leased the rights and thereby put the water to beneficial use for a period of about ten years. The Coors contract, however, gave Coors an option to purchase the rights, subject to an election in Englewood. In view of recent leases, the lease payme nts were extremely low for the type of water delivered to Coors and the purchase price was also very low. The agreement with Coors has tenninated and the City is now operating the Boreas Pass Diversion. The water diverted across the Continental Divide is transmountain water. It is the only transmountain water which Englewood may reuse. Englewood holds a claim to develop a small reservoir near the town of Como, Colorado, as part of the original decree. Water diverted across Boreas Pass may also be easily d posited in Mclellan Reservoir. It appears appropriate at this time for the City to begin investigating the potential development costs and benefits of the ditch and diversion facilities, as well as the reservoir. Planning should be done in stages and the results of early investigations would be used to define further work. On June 16, 1982, Ron McLaughlin, Vince Wertin and Stewart Fonda attend d a fi ld trip to Bor as Pass. It was noted th ditch itself appeared to be loosing water, in addition, substantial visible flows were being lost both in th areas of Indiana Creek and the upper ere k. • I • • -• • • ----.. ---------------------------------- • (INT RODUCTION CONT.) At the time of inspection, Englewood was probably losing at least 3 cfs or 6 AF/day. Ditch maintenance improvements appear to be cost effective to the City of Englewood. Wright-McLaughlin's proposal for study will incorporate the following : 1) Prepare a brief pre-construction report specifically addressing estimated flows, detennining ditch improvements, detennining diversion improvements and a program su1T111ary. 2) Establish a maintenance/improvement program verifying length, cross- section and slope along with setting bench marks. Stewart Fonda discussed the results of the field trip with the Englewood Water and Sewer Board at their August 3, 1982 meeting. The Board concurred a study would be most beneficial for analyzing improvements needed to further develop the water rights on Boreas Pass. A motion was made and passed recomnending that City Council approve the Boreas Pass study, the cost of which is not to exceed $6,000.00. FINANCIAL DETAILS: Wright-McLaughlin is proposing to accomplish this work on an hourly rate plus actual expenses. Although time requirements are not precise, it is estimated that the cost of the Pre-Construction Report should not exceed $6,000.00. RECO~ENDATION: That the City Council approve the Wright-McLaughlin proposal to study Phase impro vements needed to develop the City's Water rights on Boreas Pass, the cost of which is not to exceed $6,000 .00, and authorize the City Manager to sign the agreement. , I • • n ..., ~- • • • • C O U N C I L C O M M U N I C A T I O N DATE AGENDA ITEM SUBJECT Supplement #95 August 31, 1982 lo B Southgate Sanitation District INITIATED BY Southgate Sanitation District and Englewood Water and Sewer Board ! ACTION PROPOSED~~-A_pp_r_o_v_e_a_n_n_ex_a_t_i_o_n_o_f~ad_d_i_t_io_n~o_f_l_a_n_d_i_n_t_o~~~~~~- Southgate Sanitation District service area. INTR ODUCTION : A requ est was made by the Southgate Sanitation District representing the owners/ developer for annexation to the Southgate service area. Inclusion of this land does not increase the tap allocation to the Southgate Sanitation District. BACKGROUND INFORMATION: a. Supplement #95 is for an area of approximately 8.668 acres. The developer plans to construct 42 custom attached and detached single family units. The units will vary from 2,200 sq. ft. to 4,500 sq. ft. A rezoning application has been submitted to Arapahoe County requesting a zone change from RA to R-4 PUD. b. LEGAL: A tract of land located in the north one-half of Section 19, Township 5 South, Range 67 West of the Sixth Principal Meridian, County of Arapahoe, State of Colorado. c. 0 NER : Joan M. Clayton d . FINANCIAL DETAILS: one. RECOl'f4ENOATION: At th Augu t 3, 1982 ting th Water and S r Board r c nd d that th City Council approve th ann xation of the property d scribed in Suppl nt 95 to th South at S nitation District • • I . • n ' J BY AU'nlOOIT'i CRDINANCE NO. SERIES OF 19a-=2---'-- • • - 7 A· axJNCIL BILL NO. 38 INTRODUCED BY axJNCIL IID4BER NEAL AN CRDINANCE APPROVIK:i A COOTRACT WITH 'lliE GEOUXiICAL SURVEY, ll>IITED STATES DEPAlfflolENT OF INTERIOO AND 'lliE CIT'i OF LITTLETOI, STATE OF CX>LOOAOO, TO DEFINE AND ltIDERSTAND H'ill'lAULIC CCIIDITIO.S OF 'lliE SOU'lll Pl.&.TTE RIVER. WHERF.AS, the Cities of Englewood and Littleton own and operate the Bi-City Sewage Treatment Plant which discharges into the South Platte River; and WHEREAS, the State of Colorado exercises certain governmental authority over the South Platte River; and WHEREAS, in order to properly manage the Bi-City Treatment Plant and govern the South Platte River, it is necessary for additional information concerning the South Platte River; and WHEREAS, the Geological Survey, United States Department of Interior is technically capable of studying the South Platte River. NCW, 'lliEREFORE, BE IT CRD.\INED BY 'lliE CIT'i axJNCIL OF 'lliE CIT'i OF f.N:i[.E\l«X)[): Section 1. An agreement with the Geological Survey, United States Department of Interior, the City of Littleton, Colorado, and the City of Englewood, Co lorado, dated August 1, 1982 titled •0epartment of Interior Geological Survey Joint Flrlding Agreement for water Resources Investigation•, consisting o f 1 5 pages, is hereby ratified and approved, a copy of which is attached hereto and incorporated herein by reference as Exhibit •A•. Section 2 . The agreemen t de scri bed in Sect i on 1 genera lly prov i des as follows : a. 'Ille Geological Survey shall pe rform a study to de fi ne and understand hydraulic conditions and processes wh ich influence rea eration rat e s and wa ste assimilative capacity of th South Platte River during steady-state low-flow oond it ions. b. 'Ill Citie of Englewood and Littl ton shall pay a total comb ined unt of $104,850. 'Ille Geological Surv y also shall pay $104,850 for th study. c. App roximately 1 4 pag s of technical info rma tion r elat i ng to th thodology ar found in th ag r nt. Field a s ur nts shall be ma de , ration rat shall be studied, river trav 1 time asured , mi x i ng zone ermined, nthic demand informa tion collected . Week ly da t a o f the State o Colorado and th Bi-City Plant will be used to determine seasona l v riation. data will analyzed , including 4 50 model aimilation runs. 'Ill ul of th study shall known in reports to the Cities of and Littleton and the State of Colorado • • I • • - • • • • • Section 3. That the City Council of the City of Englewood hereby authorizes the mayor to sign for and in behalf of the City of Englewood and authorizes the City Clerk-Treasurer to attest the same. Section 4. A copy of the foregoing ordinance and agreement are on file in the City Clerk's office at 3400 s. Elati Street, Englewood, Colorado, available for inspection during normal business hours. Introduced, read in full, and passed on first reading on the 2nd day of August, 1982 Published as a Bill for an Ordinance on the 11th day of August, 1982. Read by title and passed on final reading on the 7th day of September , 1982. --- Published by title as Ordinance No. ___ , Series of 1982, on the ~ day of September , 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 coq>lete copy of the Ordinance passed on final reading and published by title as Ordinance No. ___ , Series of 1982. Gary R. Higbee • I • • n - CRDIN/\NCE NO. j 7 SERIES OF 1982 BY AlffllORITY • • - COUNCIL BILL NO. 38 INTRODUCED BY COUNCIL MEJo!BER NEAL AN CRDINANCE APPROVIN:i A CXNI'RACT WITH THE GEOLCGICAL SURVEY, l.t<IITED STATES DEPAR'n'IENT OF INTERIOR AND THE CITY OF LITI'LETCN, STATE OF roLOOAOO, TO DEFINE AND I.M>ERSTAND HYOOAULIC cnlDITI~S OF THE SOU'nt PLATTE RIVER. WHEREAS, the Cities of Englewood and Littleton own and operate the Bi-City Sewage Treatment Plant which discharges into the South Platte River; and WHEREAS, the State of Colorado exercises certain governmental authority over the South Platte River; and WHEREAS, in order to properly manage the Bi-City Treatment Plant and govern the South Platte River, it is necessary for additional information concerning the South Platte River; and ~. the Geological Survey, United States Department of Interior is technically capable of studying the South Platte River. NCW, 'lllEREFORE, BE IT CJID\INED BY THE CITY OJUNCIL OF THE CITY OF EK,Ul«X)[): Section 1. An agreement with the Geological Survey, United States Department of Interior, the City of Littleton, Colorado, and the City of Englewood, Colorado, dated August 1, 1982 titled "Department of Interior Geological Survey Joint F\nding Agreement for water Resources Investigation•, consisting of 15 pages, is hereby ratified and approved, a copy of which is attached hereto and incorporated herein by reference as Exhibit •A•. Section 2. The agreement described in Section 1 generally provides as follows: a. The Geological Survey shall perform a study to define and understand hydraulic conditions and processes which influence reaeration rates and waste assimilative capacity of the South Platte River during steady-stat low-flow conditions. b. The Cities of Englewood and Littleton shall pay a total combined unt of $104,850. The Geological Survey also shall pay $104,850 for the study. c. Approximately 14 pages of technical information relating to th methodology are found in the agreement. Field measur nts shall be mad, reaeration rates shall be studied , river travel time measured, mixing zone determined , benthic demand information collected. kly data of the State of Color do and the Bi-City Plant will be used to determine seasonal variation. 'nle data will be analyzed, including 450 ~l similation runs. Th results of the study shall be mad known in reports to the Citi s of Englewood and Littleton and the State of Colorado • • I • • - • • • • Section 3. That the City Council of the City of Englewood hereby authorizes the mayor to sign for and in behalf of the City of Englewood and authorizes the City Clerk-Treasurer to attest the same. Section 4 . A copy of the foregoing ordinance and agreement are on file in the City Clerk's office at 3400 s. Elati Street, Englewood, Colorado, available for inspection during normal business hours. Introduced, read in full, and passed on first reading on the 2nd day of August, 1982 Published as a Bill for an Ordinance on the 11th day of August, 1982. Read l:7t title and passed on final reading on the 7th day of September , 1982. --- Published l:7t title as Ordinance No. J 7 , Series of 1982, on the ~ day of September , 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 ooaiplete copy of the or3r passed on final reading and published l:7t title as Ordinance No. , Series of 1982. Gary R. Higbee • , I • • 'J. CIIDINANCE NO •• ,_), BY Atn'HOOIT'i SERIES OF 1982 • • - 7 CDUNCIL BILL NO. 39 INTRODUCED BY CXXJNCIL MDIBER BILO AN CIIDINANCE APPROVIt«i AN JIGREEMENT BE'l\tlEEN 'lHE CITIES OF EN:;LDO)I) AND LITTLETOO AND 'lHE DIVISIOO OF AIMINIS'mATIOO OF 'lllE CX)LCIWX) DEPAR'll'!mr OF HEALTH REPRESENTED BY 'lHE WJ.TER ~IT'i <rffl'ROL DIVISIOO TO C0IDJCT A C04PREHENSIVE STREAM ~ OF SfXjMENT 14 OF 'lHE SOU'lll PLATI'E RIVER. WHEREAS, the Cities and the Division are concerned about the water quality of Segment 14; and WHEREAS, the Cities of Englewood and Littleton jointly own and operate a wastewater treatment plant; and WHEREAS, the part ies seek to determ ine effluent limitations of the South Platte River; N<:M, 'lllEREFORE, BE IT CIUY\INID BY 'lHE CIT'i CXXJNCIL OF 'lHE CIT'i OF EN:;LDOJD, CX)LCIWX), AS FOLLCW5: Section 1 . An agreement with the City of Littleton and the Division of Aaninistration of the Colorado Department of Health represented by the water Quality Control Division entitled •MemorandlJII of Understanding•, consisting of 13 pages, is hereby ratified and approved, a copy of which is attached hereto and incorporated herein by reference as Exhibit ·A·. Section 2. The agreement described in Section 1 generally describes as follows: a. A Steering Conmittee is established to oversee the comprehensive stre study with the Geological Su rvey, United States Department of Interior conducting the primary portions thereof. The Steering COll'lllittee shall consist of rs of the Cities , the Division, and~ and meet at such ti s as is necessary to monitor the progress of the stream study. The Steering itt shall consider the itlt)aCt of all discharges in Segment 14, revi the preliminary draft of the Cities' pet"lllit, and make a recoamendation concerning the need of the Bi-City Tr atment Plant to go beyond secondary tr a , f there is a need to go beyond secondary trea nt, to k a r tion oonc rning the economic oost thereof. ~r h nsive Stream Study 11 consist of a mixing zone and s r analysis, laboratory study, kly nitoring, and water quali y ling. The water Quality Control Division will make saq:,lings and f1 ld analysi of certain saq,ling to ne in accordance with the s udy. • I • • • • - c. The results of the study will be considered by the Steering Conmittee and will make reports to the Division and the Cities which shall be subject to COl!lllent and revision as is necessary. d. The Division shall seriously consider the reconmendations of the City concerning the study and shall seriously consider the economic impact of the study. Furthenoore, the Division shall consider seasonal limitations on anmonia residual chlorine, BOD 5 , and fecal coliform. Section 3. The City Council of the City of Englewood hereby authorizes the Mayor to sign for and in behalf of the City of Englewood and authorizes the City Clerk-Treasurer to attest the same. Section 4. A COP')' of the foregoing Ordinance and agreement are on file in the City Clerk's office at 3400 S. Elati Street, Englewood, Colorado, available for inspection during normal business hours. Introduced, read in full, and passed on first reading on the 2nd day of August, 1982. Published as a Bill for an Ordinance on the 11th day of August, 1982. Read by title and passed on final reading on the 7th day of September , 1982. --- Published by title as Ordinance No. ___ , Series of 1982, on the ~ day of September , 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 COP')' of the Ordinance passed on final reading and published by title as Ordinance No. ___ , Series of 1982. Gary R. Higbee • I • • In • - • - -------- • CIIDINANCE 00. 38 SERIES OF 1982 BY AUTHORIT'i COUNCIL BILL 00. 39 INTRODUCED BY COUNCIL M™BER SILO AN CIIDINANCE APPROVIt«i AN AGREEMENT BE'IWEEN THE CITIES OF fKil.DO)[) AND LITTLE'IUJ AND THE DIVISICJ,1 OF All'IINISTRATICJ,I OF THE O'.)LQRAOO DEPAR'IMF.Nr OF HEALTH REPRESENTED BY THE 1#.TER ~IT'i a:Nl'ROL DIVISICJ,1 TO COIOOCT A CCM>REHENSIVE STRF.AM STUD'i OF SEXNJn' 14 OF THE SOUTH PLATTE RIVER. WHEREAS, the Cities and the Division are concerned about the water quality of Segment 14; and WHEREAS, the Cities of Englell«>Od and Littleton jointly own and operate a wastewater treatment plant; and WHEREAS, the parties seek to determine effluent limitations of the South Platte River; NCM, THEREFORE, BE IT CJID\INED BY THE CIT'i CDUNCIL OF THE CIT'i OF EN:;LD«JOD, O'.)LQRAOO, AS F'OLLCW5: Sec t ion 1 . An agreement with the City of Li ttleton and the Divis i on of Admin i stration of the Colorado Department of Health represented by the water Quality Control Di vision entitled •Memorand~ of Understanding•, consist i ng of 13 pages , i s hereby ratified and approved, a copy of which is attached hereto and i ncorporated herein by reference as Exhibit •A•. Section 2 . 'ltae ag r eement descr i bed i n Sect i on 1 generally describes as fo llows: a . A Steering Comn ittee is est ablished t o oversee the comprehens i ve stream study with the Geological Su rvey, Un i ted States Departmen t of Int erior conducting the primary po rtions thereof. 'ltae Steer i ng Comn i t t ee sha ll consist of ment>e rs of the Cities, the Di v ision , and tRCCX; a nd mee t a t such times as is necessary to monitor the pr og r ess of the str eam study. 'ltae Steering Comnittee shall consider the impact of all discharges in Segment 14, review the preliminary draft of the Cities' permit, and make a reconmendation concerning the need of the Bi-City Treatment Plant to go beyond secondary treatment and, if there is a need to go beyond secondary treatment, to make a recorrmendation concerning the economic cost thereof. b. The Comprehensive Stream Study shall consist of a mixing zone and intensive stream analysis , laboratory study , weekly monitoring, and water quality modeling. 'ltae Water Quality Control Division will make samplings and do field analysis of certain ~ling to be done in accordance with the study. • I • • - • • • - c. 'Ibe results of the study will be considered~ the Steering Comnittee and will make reports to the Division and the Cities which shall be subject to connent and revision as is necessary. d. 'Ibe Division shall seriously consider the reco11111endations of the City concerning the study and shall seriously oonsider the economic impact of the study. Furtherm;>re, the Division shall consider seasonal limitations on amronia residual chlorine, BOD 5 , and fecal coliform. Section 3. 'Ibe City Council of the City of Englewood here~ authorizes the Mayor to sign for and in behalf of the City of Englewood and authorizes the City Clerk-Treasurer to attest the same. Section 4. A copy of the foregoing Ordinance and agreement are on file in the City Clerk's office at 3400 S. Elati Street, Englewood, Colorado, available for inspection during normal business hours. Introduced, read in full, and passed on first reading on the 2nd day of August, 1982. Published as a Bill for an Ordinance on the 11th day of August, 1982. Read ~ title and passed on final reading on the 7th day of September , 1982. Published ~ title as Ordinance No. 3 g , Series of 1982, on the ~ day of Septembe r , 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, here~ certify that the above and foregoing is a true, accurate and complete oopy of the Ord.,i~ passed on final reading and published ~ title as Ordinance No.~, Series of 1982. Gary R. Higbee • I • • - • • • - BY AUTHORITY OODINANCE NO. SERIES OF 198-=2---COUNCIL BILL NO. 42 INTRODUCED BY COUNCIL- ME)o!BER , , ,. ,.__ A BILL FOR AN OODINANCE DESCRIBIJ.'.Kj AND DEF!NIJ.'.Kj OBSCENITY AND PROVIDIJ.'.Kj CIRCUMSTANCES UNDER WHICH IT IS PROHIBITED BY AMENDIJ.'.Kj TITLE XI, CHAPTER 7, OF THE FXiL~D MUNICIPAL CODE OF 1969 , AS AMrnDED, AND DECLARIJ.'.Kj AN EMERGENCY. WHEREAS, the City Council of the City of Englewood declares that it is i n the best interest of the City of Englewood to prohibit the promotion of obscenity within the City; and WiEREAS, the previous Obscenity Ordinance, E.M.C. of '69, as amended, Section 11-7-7 , has been held to be unconstitutionally vague by the Englewood Municipal Court. NCW, THEREFORE, BE IT ClIDI\INED BY THE CITY COUNCIL OF THE CITY OF FXiLEWX>O, CX>~: Section 1 . 1llat Title XI, Chapter 7 , Section 7 , of the E.M.C. '69, as amended, is hereby amended to read as follows: 11-7-7: C8SCENE /oV\TERIALS, DEVICES, AND PERFORMANCES; PROolal'I~ PROHIBITED (a) Definitions. As used i n this section, unless the context otherwise requires : 1 . •Mater ial" means anything tangible that is capable of being used or adapted to arouse interest , whether through th medil.rn of reading, observation , or sound, but does not includ an actual three-dimensional obscene device. 2. •Obscene device• means a device such as a dildo or artificial vagina, designed or marketed as useful for the sti111.1latlon of human g nital organs. 3. •performance• means a play, motion picture, dance, or other xhibition performed before an audience. 4. •Obscene" means material or performanc which: a. th aver rson pplying cont rary 1 ty standards would find that, ta n a whol , ppe ls to the pruri nt inter st in x; • I • • -• • - ----------- • way: b. depicts or describes in a patently offensive (1) erotic representations of ultimate sex acts, normal or perverted, actual or simulated, including sexual intercourse, sodomy, and sexual bestiality, or (2) erotic representations of masturbation, excretory functions, sadism, masochism, lewd exhibition of the genitals, the male or female genitals in a state of sexua l stimulation or arousal, covered male genitals in a discernibly turgid state, or a device designed and marketed as useful primarily for stimulation of the human gen ital organs , and c. taken as a whole, lacks serious li terary, artistic, political, or scientific value. 5. "Contemporary C011111unity standards" means state-wide C011111unity standards as construed and applied by the finder of fact, by reference to the average adult in the state-...ide C011111unity as a whole. 6. "Patently offensive• means so offensive on its face as to affront contemporary C011111unity standards of decency. 7. "Promote" means to manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate , present, exhibit, or advertise, or to offer or agree to do the same. 8. "Person" mean s any i nd ividua l , co rporat ion, association, partnersh ip , trustee, lessee , agen t , or assignee. 9. "Knowingly" means having general knowledge of the content or character of ma terial , device , or performance. (b) Promot ing obscene material, devices, and performances prohibited. It is 1.r1lawful for any person knowingly to promote or possess with intent to promote, any obscen material or device, or to produce, present, or direct any obsc ne performance or participate in a portion thereof that is obscene or that contributes to its obscenity. (c) Severability. If any portion of this section is found by a court of competent jurisdiction to be LU1constitutional, the remaining provisions are valid unless it appears to the court that th valid provisions are so essentially nd inseparably connected with the invalid provisions that to ver them would not carry out the legislativ intent in nacting this ction. 2 • I • • - • • • • Section 2. 'Ihat an emergency is hereby declared in that the Englewood Municipal Court has found legislation relating to obscene materials, devices and performance, unconstitutional and the passage of this ordinance is necessary for the inmediate health, safety and welfare of the public. Introduced, read in full, and passed on first reading on the 7th day of Septent>er, 1982. Published as a Bill for an Ordinance on the 8th day of September, 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 a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 7th day of September, 1982. Gary R. Higbee 3 • 0 I • • • • • • BY AUTHORITY OODINANCE NO. __ _ SERIES OF 1982 COUNCIL BILL NO. 42 =~~- A BILL FOR AN OODINANCE DESCRIBIN:; AND DEFINil'l:i Cl3SCENITY AND PROVIDIOO CIRCUMSTANCES UNDER \<EICH IT IS PROHIBITED BY AMENDIOO TITLE XI, CHAPI'ER 7, OF fflE ENiUXX)D 14.JNICIPAL O)DE OF 1969, AS AMENDED, AND DECLARIOO AN El'\ER:;ENCY. WHEREAS, the City Council of the City of Englewood declares that it is in the best interest of the City of Englewood to prohibit the promotion of obscenity within the City; and WHEREAS, the previous Obscenity Ordinance, E.M.C. of '69, as amended, Section 11-7-7, has been held to be unconstitutionally vague t::rf the Englewood Municipal Court. NCW, 'lllEREFORE, BE IT ffi!Y\INED BY 'lliE CITY COUNCIL OF 'lllE CITY OF ENiLEWOOD, COLORADO: Section 1. '1'1at Title XI, Chapter 7, Section 7, of the E.M.C. '69, as amended, is herel::rj amended to read as follows: 11-7-7: Cl3SCENE MATERIALS, DEVICES, AND PERFORMANCES; PRCMOI'ICt,1 PROHIBITED (a) Definitions. As used in this section, unless the context otherwise requires: 1. ·Material• means anyth i ng tangible that i s capable of being used o r adapted t o arouse i ntere st, whether through the medillll of reading, observat i on, o r sound, bu t doe s not i nc lude an actua l three-dimens iona l obscene dev ice. 2. •Qbsc ene dev ice• me ans a device such as a dil.::o or arti f icial vag i na, de signed or ma r keted as useful fo r the sti11L1 lation of human genital organs. 3. •performance• ans a ply, 110tion pictu r e , danc, or other exhibition performed before an udience . 4 . •Qbscene• ns 1Mterial or performance wh ich: pplying cont empo rary , taken as a whole , ppe ls • I • • • • • - way: b. depicts or describes in a patently offensive (1) erotic representations of ultimate sex acts, normal or perverted, actual or simulated, including sexual intercourse, sodomy, and sexual bestiality, or (2) erotic representations of masturbation, excretory functions, sadism, masochism, lewd exhibition of the genitals, the male or female genitals in a state of sexual stimulation or arousal, covered male genitals in a discernibly turgid state, or a device designed and marketed as useful primarily for stimulation of the human genital organs, and c. taken as a whole, lacks serious literary, artistic, political, or scientific value. 5. "Contemporary COITl!lunity standards" means state-wide corrmunity standards as construed and applied t,y the finder of fact, t,y reference to the average adult in the state-wide COITl!lunity as a whole. 6. "Patently offensive" means so offensive on its face as to affront contemporary COITl!lunity standards of decency. 7. "Promote" means to manufacture, issue, sell, give, provide, lend , ma il , deliver, transfer, transmit, publish, distribute, ci rculate, disseminate, present, exhibit, or advertise, o r to offer o r agree to do the same. 8. "Person" means any individual , corporation, association, partnership, trustee, lessee , agent, or assignee. 9 . "Know ingly" means having general knowledge of the content or character of materia l , device , or performance. (b) Promoting obsc ne material, devic s , and performances prohibited. It is unl wful for any person knowingly to promote or poss ss with intent to promote, any obscene material or device, or to produce, present, or direct ny obscene performance or participate in a portion th reof that is obscene or that contributes to its obscenity. (c) Severability. If any portion of this section is found t,y a court of compet nt jurisdiction to ooconstitutional , th remaining provision are valid l.lll sit Pl)ears to the cour that the valid provisions ar nti lly and ins par bly connected with th invalid provisions th o v r th would no carry ou th legi la ive int n in c ing this tion. 2 • I • • - • • • • Section 2. That an emergency is hereby declared i n that the Englewood Municipal Court has found legislation relating to obscene materials, devices and performance, Ll'lconstitutional and the passage of this ordinance is necessary for the illlllediate health, safety and welfare of the public. Introduced, read in full, and passed on first reading on the 7th day of Septent>er, 1982. 1982. Published as a Bill for an Ordinance on the 8th day of Septent>er, Attest: Eugene L. otis, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of EnglE!lolOod, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 7th day of September, 1982. Gary R. Higbee 3 • I • • • - • • . ----------- • • • RESOLUTION N~Q SERIES OF 1982 A RESOLUTION SUPPORTING THE BOARD OF COUN'N C(HotISSIONERS OF ARAPAHOE COUNT'i IN THEIR REQUEST FOR A • 5% ARAPAHOE COUNTl{ SALES AND USE TAX. WHEREAS, Arapahoe County is in need of government facilities; and WHEREAS, the facilities consist of a jail, detention facilities, courts, probation offices, and offices for the District Attorney; and WHEREAS, the foregoing faci l ities would be of substantial benefit to the City of Englewood; NCM, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CI'N OF ~LEli«XlD, CX>LORADO, AS FOLLCWS: That the City CoWlcil of the City of Englewood supports the Board of County Coamissioners of Arapahoe County in their request that voters approve a .5% sales and use tax for Arapahoe County. AOOPl'ED AND APPROVED this 7th day of September, 1982. Eugene L. Otis, Mayor Attest ex ot!lcio City Clerk:Jf"r"easure'"i I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby cer4b that the above is a true, accurate and complete copy of Resolution No. , Series of 1982. Gary R. Hig I • • •I - • • • RESOLUTION N?~Lf_Q SERIES OF 1982 • • • /I RESOLUTION SUPPORTING THE BOARD OF COUNTY COMMISSIONERS OF ARAP/\HO E COUNTY IN THEIR REQUEST FOR A .5i ARAPAHOE COUNTY SALES AND USE TAX. WHEREAS, Arapahoe County is in need of goverrunent facilities; and WHEREAS, t he f a ci liti es consist of a jail , de t enti on fac i li t ies , courts , probation offices , and offices fo .r the District Attorney; a nd WHEREAS, the f o regoing faci i ities would be of subs t a n tial benefit to the City of Englewood; NOil, 'IliEREFORE, BE IT RESOLVED BY THI:: CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLOAAOO, PS FOLLOilS : That the City Council of the City of Englewood supports the Bo a r d o f County C01Tmissioners of Arapahoe County in their reques t that voters app r ove a .5% sales and use tax for Arapahoe County. ADOPTED ANO APPROVED this 7th day of September, 1982. Eug e ne L. Otis , Ma yor Attest ex o(ficio City Cic rk -Trnasurer I , Gilry n . ll i<J !', x o(fic-io City Cl rk-Tr ca~ur<'r o f I h<' Ci I y of l:.t> j 1, ·W<x><.I , Colo r ..ido , t, ·rd1y 1:cc L~J y t ll.i L LI , , .,t.x,vv 1 ,. " t n",, ., ·..:111 .11,, .,11.i compete copy o( Resolution No • ..!f:_(2__, Series of 1982 . Gury R. Higb<!C • I • • • RESOLUTION NO._!lj__ SERIES OF 1982 • • • A RESOLUTION TRANSFERRING TO MESA COUNTY, COLORADO, THE ALLOCATION OF THE CITY OF ENGLEWOOD, COLORADO, UNDER SECTION 29-4-803 AND SECTION 29-4-805 OF COLORADO REVISED STATUTES 1973, AS AMENDED, TO FINANCE MORTGAGE LOANS TO PROVIDE MORE ADEQUATE RESIDENTIAL HOUSI~G FACILITIES FOR LOW-AND MIDDLE-INCOME FAMILIES AND PERSONS WITHIN MESA COUNTY AND WITHIN THE CITY WHICH IS LOCATED WITHIN ARAPAHOE COUNTY, AND ELSEWHERE IN THE STATE OF COLORADO; DELEGATING THE AUTHORITY TO ISSUE REVENUE BONDS TO FINANCE SAID MORTGAGE LOANS WITHIN THE CITY; AND AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF AN ALLOCATION TRANSFER AGREEMENT AND A DELEGATION AGREEMENT. WHEREAS, the City of Englewood, Colorado (the •city•) and Mesa County, Colorado c•Mesa County•) are each authorized by the County and Municipality Development Revenue Bond Act, constituting Article 3 of Title 29, Colorado Revised Statutes 1973, as amended (the •project Act•), to finance, refinance, acquire, own, lease, improve and dispose of properties to the end that more adequ.ite resi- dential housing facilities for low-and middle-income families and persons may be provided, which promote the public health, welfare, safety, convenience and prosperity; and WHEREAS, the Mortgage Subsidy Bond Tax Act of 1980, codi- fied as Section 103A of the Internal Revenue Code of 1954, as amended (the •Federal Act•), restricts the amount of tax exempt obligations which may be issued by the Colorado Housing Finance Authority and local governmental units in the State of Colorado (the •state•) to finance single-family mortgages to an amount not exceeding the Stule ceiling; and WHEREAS, the Federal Act authorizes th st~tcs to proviuo formula for allocating the respective state c ilings among th gov- e rnmental units in such states in a manner different from th f deral llocation formula, and th Stat of Colorado has provided or Sl•ch -1- • I • • • • • an alternate formula for allocation by the enactment into law of Senate Bill No. 112, codified as Part 8 of Article 4 of Title 29 of Colorado Revised Statutes 1973, as amended (the "Allocation Act"); and WHERE.AS, the Allocation Act authorizes governmental units in the State to transfer all or a part of their allocations provided for in the Allocation Act to any other entity otherwise authorized to issue bonds to finance single-family mortgages and to accept trans- fers of such allocations; and WHEREAS, the Project Act and Part 2 of Article l of Title 29, Colorado Revised Statutes 1973, as amended, provide, in effect, that any county and municipality may by resolution or ordi~ nance delegate to any other county or municipality its authority under the Project Act to finance projects under the Project Act; and WHEREAS, the City and Mesa County deem it necessary and advisable that a program be made available for the origination and servicing of mortgage loans for residential housing facilities f or low-and middle-income families and persons (the •Mortgage Loans•> in order to increase the supply of money available for moctgages so that families and persons of low-and middle-income may finance the pur- chase of residential housing facilities at less than the prevailing market interest rate, thereby providing more adequate residential housing facilities for low-and middle-income families and persons within both the City and Mesa County and elsewhere in the State, and WHEREAS, the City desires to tr nsfer to M sa County 1ts allocation under S ction 29-4-803 of th Allocation Act to financ Mortgage Loans to provide more adequate r sidential housing facili- ties for low-and 1111ddl -income f ili nd person with1n M a County and the City nd elsewhere within the State; and WHEREAS, th City oesir s to d lg t to M County th authority to act on its behalf in th issuance of qualified mortgag bond pursuant to th allocation gr nt d under Sectio~ 29-4-805 o( -2- • I • • • • • the Allocation Act and to transfer the City's allocation under Section 29-4-805 of the Allocation Act to finance Mortgage Loans to provide more adequate residential housing facilities for low-and n,iddle-income families and persons within Mesa County and the City and elsewhere within the State; and WHEREAS, the City desires to delegate to Mesa Cour.ty its I •Ower under the Project Act to issue revenue bonds to finance Mortgase Loans to provide more adequate residential housing facili- ties for low-and middle-income families and persons within the City; and WHEREAS, Mesa County desires to acce~t such transfers and delegation and to finance Mortgage Loans to prOllioe more a ciequa te residential ~ousing facilities for low-and middle-income farJilies and persons within Mesa County and the City and elsewhere within the State; and WHEREAS, economies of tic:e and expense will result from one governmental unit financing l>iort9age Loans to provide r.:o r e ad~uate residential housing facilities for low-~nd middle-income fanilies and persons within both the City and l-'esa Count~ and elsewhere within the State; and WHEREAS, it is necessary to evidence &uch transfers and the acceptance of such transfers by the Allocation Transf r Agreement attached hereto as Exhibit A (the •Allocation Tran fer Agre~ent"l which will be executed ancl delivered by the City and Mesa County ; ancl WHEREAS, it i n cescary to evid nc ~uch o lee tior. and the cceptanc of such deleg tion by th D l gation Agreement tt ch d h reto as Exhibit B (th •0e1egation Agr anent") which will b execut d nd deliv rd by the City and H sa County. NOW, THERE.FORE, BE IT RESOLVED BY THE CITY COUNCIL Of' 'l'IIF. CITY OF ENGLEWOOD , COLORADO: -3- I • • • • • • Section 1. In order to insure the financing of Mortgage Loans to provide more adequate residential housing facilities for low-and r:iiddle-incorr,e fru:!ilies and persons within the City at the earliest possible date, which will promote the pubJ.ic health, wel- fare, safety, cor.venience and prosperity of the inhabitants of the C'ity, it is deemed necessary cincl advisable that the Allocation Transfer Agreement and the Delegation Agreement be a~roved, executed and delivered by and on behalf of the City. Section 2. The form, terrr.s and provisior.s of the Allocation Transfer A<;reement and the Dele<jaticr. t.i;.ree:r.f'r,t hereby are approved and the r,aycr of the City and the City Clerk hereby are authorized and directed to execute and deliver the Allocation Transfer Agreement and the Delegation Agreement. Section 3. The fllayor and the Ci t::;i' Clerk hereby are auti,o- r ized and cir~cted tc take ~uch other steps or action s as rr.ay te required to carry out the terms and intent of this resoluti on , the Allocation Transfer Agreement and the Delegatior. 1,c_;;reernent. Section 4. Nothing conta~ne d in this resolution, in the Allocation Transfer Agreement or in the Delegation Agreement shall obligate the City, except to the extent described in the Allocation Transfer Agreement and in the Delegation Asrecment, nor cor:ztitute the debt or ind~bteeness of the City within the meaning of the Constitution or statutes of the State or the horn rul e cha t<..r of ,my political subciviEion thereof, nor give riE.e to a fecuniary liability of the City or a charge against its general credit or taxing powers. Sections . If any section , paragraph, clause or provision o f th i s re s olution shall for a ny r cscn be helc to b inval i c. or unenforceable , the ir..,lllic!it~ or ur:enfcrct·,,r,:·:: t ~· 1.£ Zl,c.l , u :cli1.1., paragraph , clause or provision shall not affect any of the rcmaininy ~rovi ion cf this re elution . Section 6. All ec ti c;n (not ir.consistcr.t with U .1. provisions of this resolution) heretofore taken t:::i, ti·c C'j t~ ,c,1,1, H -4- • I • • • • • and the officers of the City directed toward the authorization of the Allocation Transfer Agreement and the Delegation Agreement hereby is ratified , approved and confirmed. Section 7. This resolut ion shall be in full force and effect upon its passage and approvul . ADOPTED AND APPROVED this 7th day of September, 1982. Eugene L . Otis, Hayor 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 .:i. true, accurate and complete copy of llesolution No • .!l::J.__, Series of 1982. Gary R. Hi gbee -s- • I • • ~- r • RESOLUTION NO._!I..}__ SERIES OF 1982 • • • l\ RESOLUTION 'rRANSFERRING TO MESA COt.iNTY , COLORADO , 'l'IIE ALLOCATION OF ·rHE CI'rY OF ENGLEWOOD, COLORA DO , UNDER SEC 'rI ON 29-4-803 AND SECTION 29-4-805 OF COLORADO REVISED STATUTES 1973, AS AMENDED, TO FINANCE MORTGAGE LOANS TO PROVI DE MORE ADEQUATE RESIDENTIAL l!OUSL~G FACILITIES FOR LOW-AND MIDDLE-IN CO ME FAMILIES ANO PERSONS WITHIN MESA COUNTY AND WITHIN THE CITY WHIC H IS LOCATED WIT HI N ARAPAHOE COUNTY, AND ELSEWHERE IN THE STATE OF COLORADO; DELEGATING THE AUTHORITY TO ISSUE REVENUE BONDS TO FINANCE SAID MORTGAGE LOANS WIT ll IN THE CITY ; AND AU'rHORIZING TIIE EXECU'rION AND DELIVERY OY 'l'IIE CITY OF AN ALLOCATION TRANSFER AGREEMENT AND A DELEGATION AGREEMENT . WHEREAS, the City of Englewood, Colorado (the "City") and Mesa County , Colorado ("Mesa County") are each authorized by th e County and Municipality Development Revenue Bond Act, con s tituting Article 3 of Title 29, Colorado Revised Statutes 1973, as amended (t h e "Project Act"), to finance, refinance, acquire, own, leuse, improve and dispose of properties to the end that more adequ.ite resi- dential housing facilities for low-and middle-income families a nd persons may be provided, which promote the public health, wel fare , safe ty, convenience and prosperity; and WHEREAS, the Mortgage Subsidy Bond Tax Act of 1900 , codi- fied as Section 103A of the Internal Revenue Code of 1954, as amended C h "Federal J\ct"), restricts the amount o( tax exempt obli(J LlC.>n :.. which may b issued by the Colorado Housing Finance J\uthority und local governmental units in the State of Colorado (the "State") to finance single-family mortgages to an amount not exceeding the Stule ceiling; and WHEREJ\S, the Fed ral Act authorizes the :.tutcs to pcovJ.dc ,1 formula for allocating the respectiv state c ilings among th (JOV - ur nmental units in such states in a manner different from the f: d r.:il llocation formul , and th Stat o! Colorad0 has provid •u I.or t:l•l:!1 -1- • I • • r. • • • • an alternate formula fo r alloca tion by the enactment into law of Senate Bill No. 112, codified as Pa rt 8 of Article 4 of Title 29 ot Colorado Revised Statutes 1973, as amended (the "Allocation Act"); and WHEREAS, the Allocation Act authorizes governmental units in the State to tran sfer all or a part of their allocation £ provided f or in the Allocation Act to any other entity otherwise authorized to issue bonds to finance single-family mortgages and to accept trans- fers of such allocations; and WHEREAS, the Project Act and Part 2 of Article l of Title 29, Colorado Revised Statutes 1973, as amended, provide, in effect, that any county and municipality may by resolution or ordi~ nance delegate to any other county or municipality its authority under the Project Act to finance projects under the Project Act; and WHEREAS, the City and Mesa County deem it necessary and advisable that a program be made available for the origination and servicing of mortgage loans for residential housing facilities for low-and middle-income families and persons (the "Mortgag Loans " l in order to in crease the supply of money available for mortgages so that families and persons of low-and middle-income may finance the pur- chas of residential housing facili ties at less than the prevailing market interest rate, thereby providi ng more adequate residential 1ious1ng Lac1l1 tic .. Lor low-ano middle:-incomc f.:imilici.. .:.11,d lJ0 L:.;on:.. within both th City and Mesa County and elsewhere 1n the Stc:it~; and WHEREAS, the City desires to transfer to t-iesa County it:.; lloc tion under Section 29-4-803 of the Allocation Act to f1nanc Mortgag Loans to provide more adequate residential housing facili- ti for low- County nd th nd m1dcll -incom families nd person::; within Mc:..u City nd elsewhere within th State; ana WUEREAS, th City aesi r c ... to cl l ga Le Lo M :,.:i Coun Ly t hl· uthor1ty to ct on it beh lf in the issuanc of qualifi d m rLsayc bond pr u nt to th llocation sr nt d und rs ct10~ 29-4-005 ut -2- I • • - / /' ,/ • • • the Allocation Act and to transfer the City's allocation under Sec tion 29-4-805 of the Allocation Act to finance Mortgage Loans to provide more adequate residential housing facilities for low -~nd r.,iddle-income families and persons within Mesa County and the Cit.1· an d elsewher~ within the State; and WHEREAS, the City desires te, delegate to i)esa Cour:ty itl:. r ,ower under the Project Act to issue revenue bonds to finance Mortgase Loans to provide more adequate residential housing facili - ties for low-and middle-income families and persons within Lhe Ci tr; and WHEREAS, Mesa County desires to acceI?t such transfers and cielegation and to finance Eortgage Loans to prollic'ic-more aC:equate residential tousing facilities for low-and middle-income far.1ilies and persons within Mesa County and the City and elsewhere within the State; and WHEREAS , economies of tir.:e and expen e will result f ro!il one governmental unit financing Mortgage Loans to provide r.:ore ackc,uate residential housing facilities for low-.:.nd middle-income far.,ili s and persons within both the City and t·'esa County and el~ewhere within the State; and WHEREAS , it is necessary to evidence such transfers and th acceptance of such transfers by the Allocation Transfer Agr ecm -nt attached hereto as Exhibit A (th.: "Allocation Transfer Agree:ment") which will be executed ancl delivered by the City and Mesa County; anC.: WHEREAS, it ll:i nee sL:ary to evidenc;<:: ::.uch ,, 1 -s~ L cr: -,r.c the acceptance of such delegation by the Ii le<:;a tion /1.sr(;cn.<:nl: attached h reto as Exhibit B (the "Delegation Agr eement") which wtll b executed and d livered by the City and Mesa County. NOW, THEREFORl.., BE IT RESOLVED BY THE CITY COUNCIL OF 'J'll , CITY OF ENGLEWOOD, COLORADO: -3 - I • • • • • • Section 1. In order t o insure the financin g of Mort g ag e Loans to provide more adequate residential hous i ng f a cil i t i es for low-and niddle-incorr:e f a r:iilies and persons within the City at the earliest possibl e date, which will promote the pub lic h eal th, we l- fare, safety, cocvenience and prosperity of the inh abita nt s of the City, it is deemed necessary and advisable that the Allc ca tion Transfer Agreement and th e Del e gation Agr e ement be approv ed , executed and delivered by and on behalf of the City. Section 2. The for m , t e r n:s a n d pr ovisioc£ of the Allocation Transfer /,c;reernent and the Delec;iaticr. l-.c;:r e l:r.E'r,t he:rcb~/ are apr,:r oved c1nd t he 1:c:,ycr o f the City and tbe City Cl e rk hereby are au t h or i zed and d irected to execute a n d d eliver the Alloca tion T ransfer Agreement and the Delegation Agreeme n t. Sec ti on 3. Th e r,:ayor and the City Cle r k her eb~· are autbo- ri z ed and fir~c t ed t c tak e Hu ch e t he r ste p s or actions as rr:ay te r equireo to ca r ry out the terms and in te n t of this re solutit,11, t hc.c Allocation T r ansfer Agreemen t and the Dclesction ~srccm nt . S ection 4. Nothing c ont a.i,ne<, iu t his resolution, in th Allocation Transfer Agreemen t or in th e Deleg ation Agr eement shall obligate th e City , e xcept to th e e~ten t described i n the Allocation Trans f e r Ag r eeme nt and i n the Dele<.)ation As r ecment , nor con:::titute thE-c~<:-Lt or indc,,b teC:nes!> of the City within the: rnea1~ins oi thl) Constitution or statutes of the State or the home rul e: di, L tLl of '"ry poli tical sutcividon thereof , nor give riu: to a i:ecuniary lia Hi ty of th City or a cbarse against its general credit or t.:·ing lJOwcr:;. Sectio 5 . If any sectio n, paragraph, clause or provitaon r,f th.!S r •:.;c.lutior. shall for <'I}· rcctcr. t he lc.: t0 jr.v·)J<.c c., un·nlurcc.:iblc , th • J1\l._]jc'iL} O L t:r.c-nfcrc•,l..~.'t·: 1, ~l ll .«L•11 , paragraph, clause or provision sh.:ill not afi ct .:iny oi Ll,c LLn ,u 11111 •j rrovi ion~ cf this r elution . Section 6 . J\11 c.ctir,n {n.c,t ir,con£.i!ttu.t \litl. Ll.1. pr ovisions of this r solution) h retofore taken ty th.! Ci t: C"c,,,1,. i 1 -4- I • • • • • • • a n d t h e o ffice rs o f the City d i re cte d toward the authorization of t h e All ocation Transf e r Agreeme nt and the Delegation Agreement hereby is ratified , app ro v ed and confirmed . Secti on 7 . This resolut i on shall b e i n f u ll force and effect upon its passage and approv a l. ADOPTED AND APPR OV ED this 7 th day of September , 1982 . Eu g e ne L . Otis , Hayor Attest: ex offic io City Clerk-Treasurer I , Gary R. Higbee , ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoi ng is a true , accurate and comrlete copy or l<c~,1>luLion No . .!l::.L_, Series of 1962. Gary R . Higbee -5 - I • • n -• • • I • C O U N C I L C O M M U N I C A T I O N DATE September 2, 1982 AGENDA ITEM 8 (b) SUBJECT Bid Award -South Metro Training Academy Classroom Building INITIATED BY __,s~o~u~t~hL!....JM~e~t~r~o!:!-.T&r...aa.iun.in...,&~Aw..Caa~d~em~y~_AD,l,ld~y·i~SwO.r~y_..BwPaA.rMd~--------- ACTION PROPOSED, __________ A_p_p_r_o_v_a_l __ o_f __ B_i_d_A_w_a_r_d ______________________ _ BACKGROUND On Monday , August 23, 1982, competitive bids for the construction of the Academy classroom were opened. A total of nine bids were received and the bid range was from $136,000 to $183,000. The two lowest bids were as follows: John Folsom & Associates Littleton, Colorado David Keating Parker , Colorado $136,160 $136,910 Because of the closeness of the two bids , the Academy Board recommended that staff personnel examine several finished projects of the two contractors to review quality of work . That review has now been completed and it is the recommenda- tion of the Advisory Board th t the contract for the construction of this f cility b awarded to the low bidder -John Folsom & Associates -in the amount of $136,160 . Fund ar avail ble in the South M tro Budget for this project ($137,000) and since Council alr ady has an ordinance agr ement with the South Metro Training Academy, a simpl motion approving the bid award is appropriat • I • • - • • • • • '/' ) . l. (' U-)1.C..d µ 11J O l tJ -1-L} /. Jc_r i) Moved Seconded Aye Na y Absent Abstain Hiadav Neal Fi tzoat rick ---Wei st Bi lo Bradshaw Otis I 0 1 Q ) / 71.-/ )u, J ~ -l:1.-/ /L -~ J:=I I;:;-1-, _.,, • ) JIU-l :; ( ('( l ~) J. I Ii I,,/- .,A I,, l.( --- • ----... I . • • - • • ROLL CALL Hoved Seconded Aye Nay Absent Abstain Hiadav i.-- Neal t-,-- Fitzoatrick I.-----Weist t-- Bi lo ,-- Bradshaw -Otis t-- • • I • • • • • ]- • • ---....::,, ROLL CALL Moved Seconded A~ Nay Absent Abstain Hiadav ' Neal I Fitzoatrick I ---Weist I y"" Bi lo ,.__ Bradshaw I Otis 1 \ • • I • • • • • ~- • • ROLL CALL Moved Seconded A~ Nay Absent Abstain Hiadav '\ Neal I Fitzoatrick I --We i st I ...-Bi lo I -Bradshaw I Otis I "-- • • I • • • • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Hiadav Neal Fitzoatrick Wei st ·- Bi lo Bradshaw Otis rfd. C I~ :j:/A/-~ ;) {t ) 7_ t -/ 't.., 0-l /-It ) 'r- 7) .Jl{) l / )<.l I 4,,. 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I • • • • - • • - / ROLL CALL Moved Seconded Ay, Nay Absent Abstain HiQdav Neal v-Fitzoatrick ----Weist ' Bi lo I V Bradshaw I Otis I 5 -( • • I • • • • I • - • • ROLL CALL Moved Seconded Aye Nay Absent Abstain Hiadav Neal Fitzoatrick ----Wei st Bi lo Bradshaw Otis l ,l. t 1, • • I • • • • - • • Moved ~ 4~-- • 1 '--1 ( 2l Seconded - • • • ROLL CALL Aye Na y Hiadav \ Neal I Fitzoatrick I Weist I Bi lo 7 Bradshaw 7 Otis I ~ -- ,2.L >Ll,." 37 )'-' CL 1 y l ,. \.. 1 • Ab sent Abstain -- - .() \ 1~ u (- L c < ~)), '-'-• '-- , ~/' I I • • • - • • ROLL CALL Moved Seconded A~ Nay Absent Abstain Hiadav l Nea l I -Fitzoatrick I -- Weist I _/ Bi lo I Bradshaw Otis I • • I • • • • • - • • ROLL CALL Hoved Secon ded Aye Na y Absent Abstain ' Hi adav Neal I Fi tzoat rick ---- Weist I v' Bi lo I V Bradshaw I Otis 30 • • I • • • • I r:t • • • ROLL CALL Moved Seconded Ay_e Nay Absent Abstain Hiadav '\ .......-Neal \ Fi tzoat rick I --Weist I ,___ Bi lo I Bradshaw I Otis I ~ L I • • • • • - • • '. Moved Seconded A~ Nay Absent Abstai Hiadav \ Neal T L--Fitzoatrick I Weist 7 -- Bi lo I V' Bradshaw I Otis l \. a 0. l L.. ( • • I . • • • • - • • 1-.t ----- ROLL CALL Moved Seconded Aye Nay Absent Abstain Hiadav Neal Fitzoatrick ---Weist Bi lo Bradshaw Otis lo (_ ) )l. Ct f \ d • • I . • • • - • • • • • ROLL CALL Moved Seconded A e Na y Absent Abstain Hi da Neal 1 _ ___!::::__---+--4-!F=,.!.i ~tz~a!!:.t!.!r i.=,:ck:...___+-+-+---+----1---_ Weist Bi lo Bradshaw Otis ~ _;/ta ti_, ( ;}, //zf Lf-_ &-;° ll lC.ILtt 1---:J-rz-/UJ-z y· 71 -. "--(. I) if ~ ( ~ ..) .) l (. .._ £. t A,< l t l l l / C ( • • I . • • - • • ROLL CALL M d ove d d Secon e A '~ N ay Ab s ent Ab stain Hiadav '\ V Neal l '-"' Fi tzoat rick I --Weist I Bi lo I Bradshaw I Otis T \ 3 7 • • I • • • • - • • ROLL CALL l'loved Seconded A Nay Absent Abstain Hi da Neal Fitz atrick i------+----+.,;.,We.:.+i s:.it::.=;...;..;..=.;.:. ___ l---++----4----~------ Bi lo Bradshaw Otis 1 • • I • • • • - • • ROLL CALL Moved Seconded Aye Nay Ab sent Abstain Hiadav " ,,,.,-Neal Fitzoatrick ·-Weist I Bi lo I v-Bradshaw I Oti s I l • • I • • • • • -• • ROLL CALL Hoved Seconded Aye Nay Absent Abstain Hiadav Neal v Fi tzcat rick ·-Weist V Bi lo Bradshaw Otis ·- I -c{ ( t t L C t ) l> -/7 ' ' IJ.. c_ ---_ _!, L'jf" ti,, e () {_,.-u>~ 7 1 >t t jt11 If 'h . <~) {c,lvtv-~t .)t( (., 0 t t - 1 ~ 7 I • J<J. , v l,_. C-< J J_j; ),2) ' ,- .. ) p ,, • 1) l? ' 'l.£'1., ( )> µ ~1.,{ I . • l l j ( ,I J.' ) /J, 4 l • ,,/ } • • -• • ROLL CALL Moved Seconded Aye Nay Absent Abstain HiQdav ..... Neal - Fitzoatrick ) --Weist I Bi lo I Bradshaw I Otis \ '- • • I • • • • • -• • ,, ROLL CALL Moved Seconded Ay e Nay Ab s ent Ab s t ain Hindav Neal // Fi tzoat rick ---Weist V Bi lo Bradshaw Otis ,/J IL (: I ) ' (.' > "' ..J t ( u 1d -c,, )) I '-< ,. (. t! ) (· )) \ { .. " ..J ... ' • • I • • • • • - • • ROLL CALL Moved Seconded Ay-'<_ Nay Absent Abstain Hiadav \ Neal I Fi tzoatrick I Wei st I ---- Bi lo I Bradshaw Otis I I • I • • • • • • • -... " ROLL CALL Moved Seconded A ye Nay Absent Abstain Hiadav Neal Fitzoatrick --Weist Bi lo Bradshaw Otis I • • • • • -• • ROLL CALL Moved Seconded Aye N ay Ab sent Abstain Hiqdav Neal Fitzoatric.k --Weist Bi lo Bradshaw Otis Sa__ 7'Jt-L (. L 1 (J 1.qc,0 f.,,(}__)}'1? 1i /)'\._..,Q r~ ''--- <---( t le---L-t: ... .,. ,,,--(c cl (__ (_ J /J ,-'-- • I . • • • -• • ROLL CALL Moved Seconded Aye Nay Ab sent A bstain Hiodav Neal µ..\ Fitzpatrick --Weist Bl lo \~ Bradshaw Otis C /---1 • I . • • • • • -• • ROLL CALL Moved Seconded Aye Nay Absent Abstain Hiodav l (......--Neal I Fitzoatrick I ---Weist I L/' Bi lo I Bradshaw r Otis \ \ ( I (_ I )) • I • • • - • • ROLL CALL M oved d d Secon e A~ Na y b A sent Abstain Hiadav \ V Neal I -- Fitzoatrick I Weist I ------ Bi lo I ......... Bradshaw I Otis \. {) ·- (! ) • I • • • •