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Home My WebLink About1982-11-15 (Regular) Meeting AgendaI City Council Meeting -Regular November 15, 1982 • • - • • • 0 0 Ci y Council M ting Nov r 15, l 82 RES0Ll1l'I , 48, 49, so ORDINANC 1148, , so, 51, 52, 53 • I . • - I . l C • • - rl<W<'.- AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL NOVEMBERl5, 1982 ()-{)...-i "" .,cL ~ 7 :30 P.M. Call to drder, invocation by Reverend Keith Merri- man, Emmanuel United Methodist Church, 2700 South Downing Street, pledge of allegiance by Boy Scout Troops #115 and #154, and roll call. u .;,~ 1 - 1. Minutes. (a) Minutes of the special meeting of October 25 , 1982. (Copies enclosed.) (b) Minutes of the regular meeting of November 1, 1982. (Copies enclosed.) 2. Pre-Scheduled Visitors. (Please limit your pre- sentation to 10 minutes.) Mr. Evans Lipstein , attorney for Bally, In c ., will be present to discuss the Amusement Ordinance (See 7 (b )). 3 . Oth e r Visitors, 4. Public H a rin '.). (a) To conald ran Do wn town Red v Co unicationa -No Action co nd d. . ' . d.) (a) Minu • o th Board of Ad juatm n t and App ala • in of S pt b r 8 , 1 9 8 2. (Co p i • ncloa d.) • I • • / • • • - Page 2 November 15, 1982 Agenda 5. Communications -No Action Recommended (Continued). (b) Minutes of the Planning and Zoning Commission meetings of September 28 and October 5, 1982. (Copies enclosed.) (c) Minutes of the Urban Renewal Authority meetings of October 6 and October 20, 1982. (Copies enclosed.) (d) Minutes of the Downtown Development Authority meeting of October 13, 1982. (Copies enclosed.) (e) Minutes of the Water and Sewer Board meeting of October 13, 1 982. (Copies enclosed.) (f) Minutes of the Liquor License Authority meeting of October 27, 1982. (Copies enclosed.) 6. Communications -Action Recommended. 7. City Attorney. Ordinance on Final Reading. (a) Ordinance authorizing the contract with the City of Littleton, Colorado, to jointly operate the Joint-Use Wastewater Treatment Facility. (Copies enclosed.) Bills for Ordinances. (b) tJ I \ (:_ I '( t .... ~ Bill amending Title IX, Chapter 2, of the Engle- wood Municipal Code of 1969, as amended, by repealing and reenacting Section 1 through 8, inclusive, and adding new Sections 9 through (c) (! ~ .'5 .) .J ¥,. I 1 ,. /l 19, inclusive, relating to the control of mus - ment establishm nts, commonly known as "Amuse- ment Devices Ordinances," and d claring an m rgency. (Copies nclosed.) Bill amending Subs ction () (8 ) of Section 9, Chapt r 4, Title XV, of the 1969 Englewood Municipal Code, as am oded, by incre sing th schedule of rates and charg s for s werag s rvic • (Copi s enclos d.) I • • 1 n - I I • • - Page 3 November 15, 1982 Agenda 0 7. City Attorney (Continued). (d) Bill amending Section (1) (a), Chapter 1, '\ \µTitle XIV, of the Englewood Municipal Code \)>'-of 1969, as amended, relating to the Model l-Traffic Code notice to appear in court and summons provisions. (Copies enclosed.) Bill authorizing the contract with the City of Littleton, Colorado, to jointly operate the Joint-Use Wastewater Treatment Facility. (Copies enclosed.) (f) Bill approving addendum to the 1982-1983 ~ t Contract between the City of Englewood, Colorado, Y L~lend the Englewood Employees Association. (Copies enclosed.) Bill approving the whole cost of the improve- ments made within the north section in Paving 'G\ District No. 26, in the City of Englewood, fl Bi!) Colorado; approving and confirming the appoint- ~ ·1,v ment of said cost to each lot or tract of land l:; 1..'· in said north section; assessing a share of ·/ ~ '~ said cost against each lot or tract of land V~ V in the north section; prescribing the manner L for the collection and payment of said assess- ~ ments; and declaring an emergency. (Copies enclosed.) Resolution. Resolution authorizing the notification of property owners of assessments within the north section of Paving District No. 26 and establishing a date for a public hearing on sa i d assessments. (Copies enclosed.) Oth e r Ma tte r • (i) (j) Grant of (Copies nee eas m nt -Massengale to City. nclosed .) Attorn y's CA. d " -,,_J {.. (. G O.d1 .. f'1. (' ~TL ''-' • I • • - • • • • • Page 4 November 15, 1982 Agenda 8. City Manager. ~ ~(a) Resolution amending the proposed 1983 Budge t. (Copies enclosed.) Bill for an Ordinance adopting the budget of the City of Englewood, Colorado, for the fiscal year 1983 and declaring an emergency. (Copies enclosed.) Bill for an Ordinance appropriating monies for all municipal purposes in the City of Englewood, ~is \J_,Colorado, in the fiscal year beginning January 1, e_~ (v" 1983 and ending December 31, 1983, constituting 1 1 ~ what is termed the annual appropriation bill ~ L-~ for the fiscal year 1983, and declaring an __::)' emergency. (Copies enclosed.) ff~ ~(d) Council Communication from the City Manager concerning an award of construction contract for West Baltic Place Sanitary Sewer Extension. (Copies enclosed.) (e) Manager's Choice . .,. /?LC ~c"'n 1. 9. General Discussion. (a) Mayor's Choice. (b) Council Member's /Jt?/J;ourn•ent. ~~:~r AM /ab tlt 1V C ·. s nu~ f L I L1, I • • • • • • • • Moved Seconded Ayes Nay Absent Abstain H1qdav Neal Fltzoatrick Weist Bi lo Bradshaw Otis t _,/Le~~ r J<. { JJ' Cu c fv .) lj , ¢i-... , ~u < J-2-nyJ #»-'~ '/ .1 ~t u__, ! c2 L1 /J C (tl 1 -_/} L ,(_ 7/ • I . . • - • • ROLL CALL Mo ved Seconded Ayes Nay Absent Abstain Hlqday ....-- Neal ._.... Fltzoatrick v Weist t.--" Bi lo 1~ Bradshaw v Otis v /!t-U C • I • • • - • • I ROLL CALL Moved Seconded Ayes Nay Absent Abstain lU qdav J-- Neal --- V' Fl tzoatrick .....- Weist ..,- Bi lo -I/' Bradshaw /' Otis - 1~ I • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlaaav 1./" Neal Fl tzoatrick Weist Al lo ...-Bradshaw i Otis I I I • • • • • - • • I ROLL CALL Moved Seconded A yes Nay Absent Abstain I Hlgoav Neal Fl tzoat r I ck Weist Bl lo Bradshaw Otis / (' ;J 1., )"\ )' 0 )<...,, )L /- {, ,<. J ( } / {'J Z·~ ,,.-/'J> 21 ') (J <.ti . l Ti_ I H)I > t, ·- 'J1 ,j~ )I j' . , l .... l.,-. f ' ~ '))\ .., -< (. c~ ~ ~ J. ll'J a/1 t. / J /k /Jr/ ( } 1 d A~ 1 " t., "/7..<. c I~ , ~ I ,, l U .. I ( I. " l. '•<> ')'' ) ,,.. • < J /l 71-1 l ( ~Ii,._,.., -,.1t I 1 (.. ~ rl ~ /~ j ( I • • (', ti }t. 11< A•· ~ l I' ' ,I • • r-• • • I ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlg<Jay Neal Fl tzoatrlck Weist Bl lo Bradshaw Otis ) <;J &.tt ...:J~), ,b,1 ~~v -4-.... 3 /'7LO 1 .JC' t;_/1 /, lU .) < I > .,,(_0 J L E )L;'t ., J ' . n1 '--J n C 'iw t.-'l'l ..4,-ca..) _ [?~ 0 C C( '\. ) L u), .,. ~ 0 /. "-"" I . . • • • - • • I ROLL CALL Moved Seconded Ayes Nay Absent Abs ta I n HIQdav Neal Fltzoatrlck Weist Bl lo Bradshaw Otis ;3 ~cL - ' )t,)_ '--- ( ~ > /.' J Q ,.. ..... , -< -c J ' . -- -z;, l tl I <.A ,." -r <.-< •. C ( 7 < ...... -u I I.{ <. (_ il • ' "" /- {( tJ. f A- r ') l'l,l C u (" l - )X..-,_ I • • ·p • • • - • • I RO LL CAL L Hoved Seconded Aye s Na y Absent Abstain Hladav Neal Fltznatrlck Weist BI lo Bradshaw Otis ;::? 2£ r ~ /? 'f) (,I:) [I/-s u ~.., lu )jtii ~ _,,. j ·~? Ct ~ .., <:.,.A.../ , joci:-ty--u..J....~...,__, U() ~ '-(' C/Jt 1·' Je. u. c ") l..,.cU. l -C,/) I OL . l "1;_ ( >/ Cl.. -<'l-< 1 ') 1 J' CA)J~-1-~J 1 (' . ., ,( '.../I ~A-1 ,,./u ) -(7 ,,...1-< ~ J l<-u-t\ b-l., ,~1 L ')7 -,l. -it ;: ( (l.., c;,. • I . . • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain r Otis 1 -z -t/ ~ u 7 L-'2--<-' /~ -AA. c..t)L--l_, tJU--o /f..{ d-,L I-._-.,_Lu e -a (' 0_, t,._ tc ~ l <.J 1 " C' I "\' .,, J • ( ~ L< <'.'(_ r -6_ ~ I t?V ~ -ui (!;, ~ j ~ '} ('f , -,,1, 71/l v.U LC. f)._,, / u { (!_ <t fl . , I t l 1 l <. < < ( ) . C /" ll.At C >'--,q -I I c} -I:;._ • ..> ;{ \ L •<J t°d (, ( ,t ( .:.i ii , L<: ~ 7 '!-1./ .~ c.,,(A ..£l,L-..J I • • j J 17 ,u z: .__ 9cJ I () I -"J ) ~ t ~ <~ ... ._, • • I ~-I • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain ,.,. H1aaav --Neal ,_,- Fl tzoatrick -Weist -Bi lo -Bradshaw - Otis - • I • • • • - • • ROLL CALL Moved Seconded Ayes Na y Absent Abstain Hiodav Neal 1,/ Fi tzoatrick Weist Bi lo J/ Bradshaw Otis I • • • • r- • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain V H1adav V Neal Fl tznatrick Weist Bi lo Bradshaw Otis 0 -cJ.-5 ( b) ,, ( -( b) l • I . . • • • • • ROLL CALL Move d Seconded Aye s Na y Ab sent Abstain H1 q dav V Neal - Fi tzoatrick V Wei s t Bi lo Bradshaw - Oti s 0 • I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain J.,-H1odav Neal Fi tzoatrick Weist Bi lo Bradshaw Otis ~) ,'>U--.. ~ q_ ;l. -( C'.1----') q _ ;) -f(b J • I . . • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1gday I Neal I J,,-" Fi tzoatrick T Wei st I Bi lo ---Bradshaw ) Otis 7 q-Jr-I cf (CJ-)( 5-) ~ u~ • I • • • • - • • ROLL CALL Moved Seconded Ayes Na y Ab s ent Ab st ai n H1gday 1 Neal 1 ,..,.,.. Fltzoatrick I Weist 7 Bi lo -.-Bradshaw I Otis I I • • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Ab stai n H1cidav Neal Fi tzoatrick .......... Weist Bi lo Bradshaw Ot Is 0 _ z -S"/ < ~ J-(b J ~ (J ( '~) L c..,-'I'-< (. L ,((. l'--Q I • • • • I_ - ' • • Moved Seconded ~ --v t/-J -( (0-) ROLL CALL H1qdav Neal Fl tzoatrick Weist Bi lo Bradshaw Otis • • • Ayes Nay ? Absent Abstain -- - (b) 5 l I • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1qda y I Neal I Fitzoatrick I Wei st I Bi lo Bradshaw I Otis 7 • I • • • • • ! ~- • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1goay Neal Fi tzoatrick Weist Ri lo Bradshaw Otis -'~ /I l.1. l.t "'> ~L,"' (L yL-(.. ,, / 0 '-1 L [I )1-( Lf c: ,__ /, I ;'1[2... :5 tr l 1 \.,.., Ii~ ). .• ( " I l 0 ./ l ') t. V I i t./ 'l l 8 1f ( • "'/ --~-1 I . • • • , J - • • • • • ROLL CALL Moved Seconded Ayes Na y Ab sent Abstain Hoodav Neal Fl tzoatrick Wei st Bi lo Bradshaw Oti s (?Jo"'--~~ r= u12,{ L/(_,l_ /1 ~~ c_ ~~ 0 ~'")~ v _k- l-1&. ~ 0-4/u 17u 1 /-;q-[ j_ r-{. ~r (; c....,,z t I, )1 \ .t" 11 J-e., /~l'l (. Ut t I . , ~ Yi-/d 1-L "j f /} '\.,,) ';f j_t_ \ -Z..{ ?.: t, C 0 rn --.t - / " ( ~tr ) ~ 'J' ,.. t ',I /)<-) H ..t lt.c.-/2 z ) ]I 1 l t.J JU . C. // (, /i /}UJ " • ~J I • • • - • • ROLL CALL Moved Seconded Ayes Na y Absent Abstain H1o<lav i Neal T -Fitzoatrick I Wei st I Bi lo .....----Bradshaw r Otis I D • I • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1gday Neal Fi tzoatrick Weist Bi lo Bradshaw Otis 'I (_ ' 3L 2.1./ S I~~· J' /.' u I ~ I-1u o, ~<Ll u,,& l a 'd 1 <JAJ /}U-+ ,<. 7 CU '&_ c· ) • ·--1 cf I . • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1gday I Neal I c:;;;;;-Fl tzoatrick I Weist Bi lo -""" Bradshaw I Otis I • I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hiadav Neal Fltzoatrick Weist Rj lo Bradshaw Otis • I . • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1gday --Neal Fitzoatrick I Weist I Bi lo I -~ Bradshaw I Otis f • I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1adav I V' Neal I Fltznatrick I Wei st I Bi lo -----Bradshaw J Otis I , I • • ,I • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1qdav Neal Fitzoatrick Weist Bi lo Bradshaw Otis • I • • • • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hiaday c..- Neal ~ Fl tzoat rick ....... Weist ....- Rj lo i..--- Bradshaw ,.,,.... Otis c..-- I • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abt · s a,n HI a day Neal Fitzoatrick Wei st Rj lo Bradshaw Otis en~~· CJ~ 1 -·. ,:L~ 5 0 / SD t'W'~ ~(, ,~1,._x_, (lAJ~ 9 i /)~~ 1 . / (;_Cl l tL~ µJd CA...kr • I I~ J ('_J_. T ~L~ \ I . • 1 • • n • • • ROLL CALL Moved Seconded Ayes Nay Abs t en Ab stain H1ae1av Neal Fl tzoatrick Weist Bi lo Bradshaw Otis Jcj8'-~ ~juvu,1tU .-.J-df,~ ~ &-p ~¥! I • • • • - • • ROLL CAL L ----- Moved Secon ded Ayes Na y Absent Abs tai n ~ HIOdav 1 Neal Fitzoatrick I Weist l Bi lo -,,._.... Bradshaw I Otis I C13 I • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlodav I Neal I y Fltzoatrick I Wei st r Ri lo --v' Bradshaw j Otis I 1<!-s (p . • I • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Ab s tain H1odav I Neal I L---Fltzoatrick I Wei s t I Ri lo -I.;' Bradshaw I Otis I 1 cl-- • I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absen t Abstain -Hlg da y 1 Neal 7 -Fl tzoat rick I We i st I Bi lo - Bradshaw I Otis I • I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday Neal --Fl tzoatrick - Weist -Bi lo --Bradshaw - Otis - • I • • • - • • ROLL CALL Move d S onded ec Ayes Nay Absent Abstain H1g<lay J Neal ~ Fitzpatrick Wei st Bi lo --Bradshaw I Oti s I I ( t'~ 1-rv I( • I • • • • • - • • (. ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hiadav l ......-Neal .....--Fi tzoatrick Weist I Bi lo -Bradshaw I Otis I 1t . I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Ab stain H1gday I Neal 7 -Fltzoatrick I Weist I Bi lo -Bradshaw I Otis I , • I • • • • • -• • ROLL CALL Hoved Seconded sen Ayes Nay Ab t A bstain H1aaav Neal Fltzoatrick Weist Bi lo Bradshaw Otis 1 {5)__J__j 1 .,.,0 J) /Z'~ (!/lR-C~( cf-~~ tJ_ ~ <-.-AA 1.<_.I -~-~ f..4)1 Q,L J' ) (1 .,I. L-:J J,v ~ r' ~ • I . • • • J - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain H1qdav i , -v-Neal I Fitznatrick I Wei st Bi lo -~ Bradshaw I -, -I~ I Otis I I I 1 • I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Ab s t en Ab stain H1oday Neal Fi tzoatrick Weist Bi lo Bradshaw Otis I . • • • • • • ROLL CALL oved Seconded Ayes Na y Absent Abstain H10<1av Neal ./' Fi tzoatrick Wei st Bi lo I,./ Bradshaw Otis I 1 • I . • • • • -• • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hiqday I Neal I Fl tzoat rick I Wei st I Rj lo -Bradshaw I Otis I • • I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Ab s tain l./" Hiqday I Neal I Fitzcatrick 1 Weist I Bi lo 1 -....---Bradshaw I Otis f • • I • • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Abstain Higday I -Neal 7 Fitzoatrick I -Weist Bi lo -Bradshaw ' Otis 7 • I • • • r-1_ • • ROLL CALL Moved Seconded Ayes N ay Absent Abstain H1qdav Neal Fitzoatrick Wei st Ai lo Bradshaw Otis • I . • • • • • ROLL CALL Hoved Seconde d Ayes Nay Absent Ab s tain H1 a da v Neal Fltzoatrick Weist Bi lo Bradshaw . Otis I • • • • - • • ROLL CALL Moved Seconded Ayes Nay Absent Ab s tain lHoaav I Neal I t.---Fi tznatrick I Weist ' Bi lo -I--"' Bradshaw I Otis I • I • • • • • - • - ROLL CALL Moved Seconded n Ayes Nay Abse t Ab stain H1qe1av I I.---' Neal I Fltzoatrick I Weist I Bi lo --../ Bradshaw I Otis I 9(6) }Lal dt1 C/Y] fj~ G 7 I -I:; - <7~ C-r,-- (_ I_ ~ (__ (....__) \ "-{ ..__.; _,,(.-~ ,___ u,l 1..->-----z v ~..-t.-<---- ·---<} ( , ,.1A...J r~~ <- ? ~ r <---,~ t ,,J /) < 2~~ V • I / C, l I 1 ,,( t I • • "'--------' ./ ( 1 7 ?(, • • - • • ROLL CALL I • • • • S PE CIAL MEETING: • • • COUNCIL CHAMBERS City o f Englewood, Colorado October 25, 1982 I D--- The City Council of the City of Engl ewood, Arapaho e Coun - ty, Colora do, met in special session at 7:3 0 p.m. on October 25, 1982. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Fitzpatri ck. The pledge of allegiance was led by Mayor Otis . Mayor Otis asked for roll call . Upon a call of the roll, the following were present: Council Members Neal, Fitzpatrick, We ist , Bilo, Bradshaw , Otis. Absent: Council Member Higday. The Mayor declared a quorum present. * * Also present were: * * * * * * * City Manager Mccown Assis ant City Man ager Vargas City Attorney DeWitt Aci ng Director of Com munity Development D. Roman s Deputy Ci y Clerk Watkin s * * ,, * * COUNCIL MEMBER BILO MOVED TO OPEN A PUBLIC HEAR ING TO CO NS IDER AN APPLICATION THROUGH HUD FOR THE CO MM UNITY DEVELOPMENT Bl,OCK GRA NT -SMALL CITIES PROGRAM FUNDING FOR FISCAL YEAR 1982 AND FOR A SMALL CITIES 1983 CDBG TO BE ADMINISTERED BY THE STATE. Cou n cil Mm r Br d haw conded the mo ion. Upon call of h roll , th voe r sul d as follows: Ay s : Council M mb rs Ne 1, Fi zpatrick, Weis , Bi lo, radsh w, 0 i . Nay Non . Abs nt: Council M mber Higday. The Mayor d clared th 1110 ion carried. I • • ., __ _ J • October 25, 1982 Page 2 • • - Dorothy Romans, Acting Director of Communit y Develo p ment, presented information concerning the applic ation f or housing re - habili t ation grant funds. Ms. Romans stated t h e notice of p ublic hearing was published in the City's official newspape r. The pur- pose of the housing rehabilitation program was to provide v iable and suitable housing for low-and moderate-income families in the City of Englewood. Ms, Romans explained that Englewood was c om - peting with other communities of the similar size (under 50,0 0 0 population) for the grant money. At the request of Council Member Neal, Ms. Roman s ex - plained this request was for a comprehensive program which wa s different from a single purpose program. A comprehensive p ro gr a m encompassed several activities with a common goal. A single pu r- pose program was a single activity with a single goal. Ms. Romans with the assistance of Dick Hinson the City's Economic Developer presented a video presentation of the target areas in Englewood which are slated for rehabilibation. Ms . Roma ns stated Target Areas 12 and 13 will be extended because th ey a r e i n the peripheral area of the downtown redevelopment proje ct . Al Van de Mark of the Community Development Depar men t presented before and after picture slides of homes that had been in the rehabilitation program. Ms. Romans sated a draft o f the application was ava i labl e i n the Commun i ty Development Department for read i ng. Ms. Romans co n c luded by stat i ng the Departmen t will b e r ec i v i ng $50,000 from the Englewood Centennial-Bicentennial Fo undat i on f o r use in th i s program. Ma y o r Ot is a s ked fo r c ommen ts f r o m t h e a ud ienc e . There wer none . COUNCIL MEM BER F I T ZPA TRICK MOVED TO CLOSE T HE HEARING. Council Member Bradsha w seconded th motion . Upon a call of the roll , th vo resulted as follo ws: Ayes: Nays: Abs n Council Membe r s Neal , F itzpatrick, Weist , Bilo , Br dsha w , Otis . None . Council M mber Higday. The M yor declar d h motion c r r ied . * * * • • • * • I • • - • • October 25, 1982 Page 3 RESOLUTION NO. 42 SERIES OF 1982 • • • A RESOLUTION OF THE ENGLEWOOD CITY COUNCIL AUTHORIZING THE STAFF TO FILE A FULL APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 42, SERIES OF 1982. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: status. vote. Ayes: Council Members Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis . Nays: None. Absent: Council Member Higday. The Mayor declared th motion carried . • • • • • • • No further business as discu d du to special meeting • • • • • • • COUNCIL MEMBER EAL OVE T AO.JOU Mayor Otis adjourn d 8:13 p.m. without a • I • • - • REGULAR MEETING: • • • COUNCIL CHAMBERS City of Englewood, Colorado November 1, 1982 I b The City Council of the City of Englewood, Arapahoe Coun- ty, Colorado, met in regular session at 7:30 p.m., November 1, 1982 . Mayor Otis, presiding, called the meeting to order. The invocation was given by Reverend Adrian House, Firs t Christain Church, 3190 South Grant Street. The pledge of alle- giance was led by Boy Scout Troops 1115 and 1154. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Weis t , Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. * * * * * * Also present were: City Manager Mccown Assistant City Manager Vargas City Attorney DeWitt Director of Wast ewater Treatment Plant Owen Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 1, 1982. Council Member Bilo s c - onded th motion. Upon a call of the roll, the vote resulted as follows: Ay s: Council Memb rs Higday, Neal, Fitzpatrick, w 1st , Bi lo, Bradshaw, Otis. N ys: Non . The Mayor d clared th mo ion carri d. • • * * * * * I • • November Page 2 wer e : • • • 1, 1982 There were no pre-scheduled visitors on the agenda. * * * * * * * There were no other visitors at this time. * * * * * * * "Communications -No Action Recommended" on the agenda (a) (b) (C) Minutes of the Board of Career Service Commissioners meeting of September 16, 1982. Minutes of the Liquor License Authority meeting of October 13, 1982. Memorandum from the City Manager concerning his attendance at the ICMA Annual Conference in Louisville, Kentucky. COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT "COMMUNICATIONS - NO ACTION RECOMMENDED" AGENDA ITEMS 5(A) -5(C). Council Member Neal seconded the motion. Upon a call of the roll, the vote r esulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatri ck , Weist, Bilo, Bradshaw, Otis. None . Th Mayor declar d the motion carried . * * * * * * * City Manager Mc co wn presen ed a Cou ncil Communication from h Urban Renewal Authority reques ing h ransfer of $67 ,000 from h Public Improv m n Fund to h Authority for the purchase of prop rty at 3767 South Clarkson Street for making improvem n s to Li le Dry Creek . Mr. Mccown noted the r solution from the Au- hori y requesting Council to transfer these funds. Mr. Mcco wn re- commended approval of a r solution which actually transfers $70 ,000 to he URA budg t. Mr. Mcco wn sat d th ex ra monies would cover closing cos s or incidentials. Mr. Mccown stated th proc dures in proper y acquisi ion would b as follows: If he authority wish s o purchase prop r y nd funds do not exist within the a x incre- m n bonds , the Au hori y would hav top a r solution reques - ing funds rom Council, If he property is nam d in th Urban Rn wal Pl n h Council my proce d. If no , Council would have o hold a public hearing om ke sure i is includ d wi hin h I • • - • • November 1, 1982 Page 3 • • • Urban Renewal or Downtown Development Plan. Then Council would pass a resolution appropriating the money and the Authority would pass a resolution spending the money. Three resolutions are re- quired. COUNCIL MEMBER BILO MOVED TO APPROVE THE RECOMMENDATION FROM THE URBAN RENEWAL AUTHORITY TO TRANSFER FUNDS. Council Mem- ber Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council considered the resolution that would transfer $70,000 from the Public Improvement Fund to the Urban Renewal Authority budget. RESOLUTION NO. 43 SERIES OF 1982 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. COUNCIL MEMBER BILO MOVED TO PASS RESOLUTION NO. 43, SERIES OF 1982. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried . ORDINANCE NO. 45 SERIES OF 1982 * * * * BY AUTHORITY * * * COUNCIL BILL NO. 50 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDI NANCE PROHIBITING CORPORATE OFFICERS, AGENTS, OR EMPLOYEE S FROM VIOLATING THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD BY ADD- ING SECTIONS, TO CHAPTER 3 , TITLE 11 OF THE EMC '69, AS AMENDED • I • • - • • November 1, 1982 Page 4 • • • COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 50, SERIES OF 1982, ON FINAL READING. Council Member Fitzpatrick sec - onded the motion. Upon a call of the roll, the vote resulte d as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatri c k, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 46 SERIES OF 1982 * * • • BY AUTHORITY • • • COUNCIL BILL NO. 51 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING SUBSECTION (3) OF SUBSECTION {A) OF SECTION 2, CHAPTER 6, TITLE XIII OF THE '69 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, BY CHANGING REFERENCE TO COLORADO STATE LAW. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 51 , SERIES OF 1982, ON FINAL READING. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted a s follows: Ayes: Nays: Council Member s Hig day, Neal, Fitzpatr ick , We ist , Bi lo , Bradshaw, Otis. Non e . Th Mayor declared the motion carried • ORDINANC NO. 47 SERIES O 1982 • • • * BY AUTH ORITY • • * COUNCIL BILL NO. 54 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDI NAN C APPROVING AN AGREEMENT WITH REGIO AL TRANSPORTATION DISTRICT. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 54, SRI S OF 1982, ON FINAL R ADING. Council M mb r Bilo a c- ond d h mo ion • I • • - November 1, 1982 Page 5 • • • Council Member Neal requested that if any purchase of property is involved, the property owner be informed of the right to grant an easement rather than having to sell property. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * * City Attorney DeWitt presented the agreement with Cinder- mak Associates concerning the parking lot adjacent to Cinderella City . Mr. DeWitt stated the agreement contains provisions to pro- tect the title of the various property owners at Cinderella City parking lot. One is to limit the 51 area to the portion that only the City owns. The other is to reference and clear up some read - ing that the property is not reconveyed but conveyed in the first instance. RESOLUTION NO. 44 SERIES OF 1982 A RESOLUTION APPROVING AN AGREEMENT WITH CINDERMAK ASSOCIATES RE- GARDING EXTENSION OF LEASE CONCERNING PARKING LOT ADJACENT TO CI NDERELLA CITY. COUNCIL MEMBER NEAL MOVED TO PA SS RESOLUTION NO. 44, SERIES OF 19 8 2. Cou nci l M mb er Fi zpat r ick seconded the mot ion. In response to Council Memb r Neal's qu stion , City At - torn y D Witt r ferenc d page 5 , p ragraph (a), in tha •it is re- cogniz d by th parties her o ha h own r h s h righ o u e no more than 5 of th to al serfac ar a of h realty de cribed in h deed•. Mr. De Witt d a new 5 is no g ined by build- ing a new structure . 2, para- gr emen Upon a call of h roll, he vote reaul ed as followa: • I • • November 1 , 1982 Pag e 6 Ayes: Nays: • • • Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • • • • • • • • COUNCIL MEMBER BRADSHAW MOVED TO APPROVE A PROCLAMATION DECLARING NOVEMBER 21 -28, 1982, AS ·BIBLE WEEK·. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vot e resulted as follows: Ayes: Council Members Higday, Neal, Fit zpa tr ic k, Weist, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared th e mo tio n c arr i ed • • • * • • • • Ci ty Manager Mc cown presented a communi c ation c on c er ning a proposed agreement between the Cit i es of Englewood and Littleton regard i ng th e Jo i nt-Use Wastewater Treatment Plant. Mr. Mccown as ked the Di rector of Wa s tewater Treatment Plant, Bill Owen, t o come f o rward and di sc u s s th e pr o po s ed agreement. Directo r Owen stated the pr o po s ed agreemen t modifies the original agreeme nt to ac t ually r e pr es ent the work i ng re latio n ship b t ween the Cities of Li tleton a nd Engl ew ood as l t p e r tains to he Joint-Use was e wa er Treatment Plant . Di r ecto r Owen noted the de- fini ions of each plant contained the ag r eement . He stated he key points of h greement were: 1) the op ration of the reactivated Englewood Sewer Pl n und r th adminis ra iv and financials ruc- tur of he Bi-City Wastewa er Plan; 2) a clarification of th program to distribut costs on ac ual us not an stimat d use; and 3) initl ting a capital reinv stmen account wherein funds would b set asid ach year o be availabl for replacing major expendi- tur s of xisting facilities . Dir ctor Ow n then r vi w d th propoa d gem nt in i a n ire y. Council Memb r Br h lndua ri l w ked ho w 1 would be poa ible o ordinance a ref r nc d in I • • November 1, 1982 Page 7 • • • City Attorney DeWitt stated the EPA requires in the Clean Water Act of 1974 an industrial pretreatment program. The Cities currently have a pretreatment program but somewhat cursory accord - ing to the EPA. A new document has been developed jointly with the City of Littleton and will be prese n ted to Council in the next few months. The document forms the basis of a new pretreatment ordi- nance. Mr. DeWitt stated the ordinance is difficult to enforce and it may ultimately require the placement of monitors at sites where there are uses of heavy metals. Council Member Bilo asked what were some advantages of owning the Englewood Sewer Plant. Director Owen stated the added capacity of 5 mgd is of benefit to Englewood and would help offset the flow amount. Council Member Neal referenced the original agreement wherein construction costs were split 50/50 with Littleton. Also, that O&M expenses are portioned on a pro rata share according to flows . Mr. Neal stated the Englewood Sewer Plant was reactivated because Englewood was well over its flow amount. Mr. Nea asked if the proposed agreement changes the 50/50 split for future expansion in any way. Director Owen stated the proposed agreement does not change that arrangement. The Joint-Use Plant is 50/50 ownership by both cities and it is envisioned that future expansion wil l be 50/50. Director Owen stated the Englewood Sewer Plant is solely owned by Englewood and will incur its expenses. ORDINANCE NO. SERIES OF 1982 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 55 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE AUTHORIZING A CO NTRA CT WITH THE CITY OF LITTLETON, CO LORADO, TO JOINTLY OPERATE THE JOINT-USE WASTEWATER TREATMENT FACILITY. COUNCIL MEMBER HIGDAY MOVED TO PA SS COUNCIL BILL NO. 55 , SERIES OF 1982, ON FIRST READING. Council M mber Bradshaw sec- ond d th mo ion. COUNCIL MEMBER FITZPATRICK MOVED TO AMEND COUNCIL BILL NO. 55 , SERI SO 1982, IN SEC TION 1. 8) BY CHANGING THE •PIVE -MEMBER• TO A ·FOUR-M MBER· SUPERVISO~Y CO MMITTEE. Council M mb r Bradshaw a cond d he mo ion. • I • • n • November 1, 1982 Page 8 • • • Council Member Bilo objected to the amendment on the basis the agreement allows for a fifth member if need be. Upon a call of the roll, the vote on the amendment re- sulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bradshaw, Otis. Council Member Bilo. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original motion resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried • • • • • • • • City Attorney DeWitt discussed the matter of Swindle vs. the City of Englewood regarding the Oretega Subdivision. COUNCIL MEMBER BRADSHAW MOVED TO AUTHORIZE THE CITY ATTORNE Y TO DEFEND THE CITY IN THE MATTER OF SWINDLE VS. THE CITY OF ENGLEWOOD. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared he motion carried • • • • • • • • City Manager Mccown present d a Council Communication from h Dir ctor of Engineering Services concerning the contract to clean the lake at the Golf Course. COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE THE USE OF CLUBHOUSE FEES TO PAY FOR CLEANING ONE LAKE AT THE GOLF COURSE AND TO AWARD THE CONTRACT TO DIAMOND RE-SERV-AL COMPANY AT $150/HOUR ) I • • - November 1, 1982 Page 9 • • • WITH A MAXIMUM TOTAL OF 40 HOURS, THE TOTAL COST NOT TO EXCEED $6,000. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor de clared the motion carried. * * * * * * * City Manager McCown presented and discussed in detail the Six-Q uarter Budget for the period of October, 1982 through March, 1983. Council instructed staff to develop a different format for reporting the Six-Quarter Budget finan ci al schedule. RESOLUTION NO. 45 SERIES OF 1982 A RESOLUTION AMENDING THE PUBL IC IMPROVEMENT FUND. COUNCIL MEMBER FITZPATRICK MOVED TO PA SS RESOLUTION NO. 45, SERIES OF 1982. Council Member Bilo second ed the mo tion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Memb ers Higday, Ne al , Fitzpatrick, We ist , Bilo, Bradshaw, Otis. Nay s: Non e . The Mayor declared the motion ca rried. * * * * * * * Mayor Otis asked for volunteers from Council o ride in the horse car during the Holiday Parad • Council Member s Higday and Fitzpatric , and Mayor O is volunteered. * * • * * * • No urther business was discuss d. * * • * * * * I • • - • November 1, 1982 Page 10 ,· • • • COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 8:35 p.m. ~·d~ putyCity Clerk • I • • BY AUTHORITY ORDINANCE NO. SERIES OF 198~2~~~ A BILL FOR • • • //-1.S-f'~ COUNCIL BILL 41.l INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE AMENDING TITLE IX, CHAPTER 2, OF THE ENGLEWOOD MUNICIPAL CODE OF '69, AS AMENDED, BY REPEALING AND REENACTING SECTIONS 1 THROUGH 8, INCLUSIVE, AND ADDING NEW SECTIONS 9 THROUGH 19 , INCLUSIVE, RELATING TO THE CONTROL OF AMUSEMENT ESTABLISHMENTS, COMMONLY KNOWN AS "AMUSEMENT DEVICES ORDINANCE", AND DECLARING AN EMERGENCY. WHEREAS, there exists a proliferation of Amusement Centers in the City of Englewood; and WHEREAS, there is a need to monitor and control Amusement Centers; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sec tion 1. Subsections 1 through 8, inclusive, of Chapter 2 of Title IX of the '69 Englewood Municipal Code is hereby amended to read as follows: 9-2-1: TITLE This Ordinance shall be known as the Englewood Amusement Devices Ordinance. 9-2-2: DEFINITIONS As used in this Ordinance of the Muni c ipal Code of the City of Englewood: (a) "Amusement arcade" shall mean a pla ce or establi s hmen t at one location where an individual , association, partnersh ip , or corporation maintains more than fifteen (15) amusement devices. (b) "Amusement center" shall mean a place or establishment at one location where an individual, association , partnership, or corporation maintains fifteen (15) or less amusement devic s , either as a sole business or in conjunction with some other business. (c) "Amusement devices" shall mean any device wh ich upon insertion of a coin , slug , token, place, or disc , or paym ent of a consideration directly therein , may b us d by the public as a gain , ent rtainment, amusement , a test of skill , ither m ntal or physical, whether or not regist r ing a sco r e , and shall include, bu not be limited to, pool tables , snooker tables , foosball t bles , 1 ctronic games, coin-operated movi , and pinball machines of v ry kind and description , but sh 11 not include r dios, d vies that provide music only , televisions carrying c ommerci l broadcasts only , d vices for bowling such s bo wling .;=------------_;;;;;;;;;;;;;... __ ..._ • I • • • • • • lanes , non-coin-operated pool and billiard tables, or fixed-stand, coi n-operated kidd ie rides. (d) •Applicant• shall mean any individual, associat ion , partnership or corporation requ esting a license pursuant to this chapt er. (f) "Manager• shall mean an individual who manages, directs, superv ises, oversees, and administers the acts and transactions of the agents or servants of any establishment governed by this chapter or who, through his own actions, directs, oversees, and administers the affairs of any such establishment. 9-2-3: LICENSE REQUIRED (a) No amusement arcade or center shall conduct business within the City without a valid license as prov ided herein. (b) No amusement arcade or center shall conduct business within the City without paying the annual fee placed upon amusement devices required by 9-2-8. (c) Any amusement arcade or center wh ic h holds a liquor license granted by the City of Englewood is not subject to the requirements of 9-2-4 of this Ordinance but is subject to all requirements in 9-2-8 of this Ordinance. 9-2-4: , , LICENSE APPLICATION Q.ff i4cotin.... The -,pli1ti II for an amusement arcade or amusement center license shall be made to the Director of Finance and shall be accompanied by the fee required by 9-2-8 and shall contain the following information: (a) the name and address of the establishment; (b) the name, address , age, date and place of birth, federal identification number and Social Security number of the applicant(s) and manager(s) of the establishment ; (c) prior felony convictions, including nolo contendre pleas of the applicant(s) and manager(s); (d) prior misdemeanor convictions involving moral turpitude, including nolo contendre pleas, of the applicant(s) and manager(s); (e) Wh re applicant is a corporation, association, partnership , or private club, the information required in paragraphs (b), (c), (d) shall be furnished as to each officer of the association, each partner of a partnership, each officer of the corpo ration, each member of the board of directors of the cor poration, and th holders of ten p rcent (10\) or more of th corporate stock of any class; 2 • I • • • • .. • (f) Evidence from the department of Community Development of the City that the location of the proposed amusement arcade meets all of the zoning requirements of the City; (g) Copy of a lease or proof of ownership by the applicant; (h) The number of amusement devices to be maintained at the amusement arcade. (i) Any additional information requested by the Director of Finance reasonably needed to enforce this Ordinance. 9-2-5: LICENSE APPROVAL (a) Application for the license required by 9-2-4 shall be reviewed by the Director of Finance. The Director of Finan ce shall have an investigation conducted by the police department suffic ient to verify all the information required by this chapter. On completion of this investigation, the Director of Finance shall eithe r approve or disapprove the application . (b) No license shall be issued to any applicant unles s approved by the Director of Finance. The Director of Finance shall refuse to issue any license for an amusement arcade or amusement center if the Director of F in an ce finds any of the following: (1) That the applicant is under the age of twenty-on e years. (2) That any designated manager is under the age of twenty-one years. (3) That the applicant, manager , or either of them, has kno wingly or intentionally made false statements in the application . (4 ) That the applicant , manager , association officer , any partner of a partnership , officer of the corporation , member of the board of directors of the corporation , or a 10\ or more shareholder of the corporation hrs 1111 u sauce is bed of a fclon 7 oz aiaal s r in tl ing mczal tazpitads ct lacks good mot&! vl1aracccz. (5) The applicant manager , any association officer , any partner of the partnership, any officer of the corporation, any member of the board of directors of the corporation , or any 10\ or more shareholder of the corporation has had a license for such business revoked, suspended , or denied within two (2) years prior to the application or has been determined to be a nuisance within two (2) years prior to the application. . ~-~-.~~A•I. _ ~ l'1'M1.a1. ~. ~;I.I, (.l ~ ~VIA-~ ,L4<.~ ... ~ ~ ~ ,.t:Ad I/_ --A&o 3 ~ ~ '-1 4 p---7 -:'I ~ . . ~~~~ ~~t:«~ • I • • • • (6) That the proposed amusement arcade or amusement center is located within five hundred (500) feet of the boundary of any public or parochial school grounds, said distance to be computed by direct measurement from the nearest property line of the land used for school purposes to the nearest portion of the building in which the amusement arcade or amusement center is located. (7) That the proposed amusement arcade is located within one thousand (1,000) feet of another amusement arcade. (c) That the sections 9-2-5 (bl (6) and (7) are not applicable to amusement arcades or centers in existence prior to December 6, 1982. 9-2-6: LICENSE TERM All lic enses granted pursuant to this chapter shall be for a term of one (1) year. Said term shall commence on January 1 of each year and terminate on December 31 of the same year. Applications for a license occurring at any other time during the year shall be treated the same as if they were made for one calendar year and shall terminate on the same date as all other licenses issued for the same year and no proration shall be permitted. 9-2-7: LICENSE RENEWAL Renewal of any of the licenses granted pursuant to this chapter may be had by payment of the license fee along with a statement that the information listed on the original license application is still true and correct, or a statement listing those items of information required for a license application wh ich have changed in the year since the license was granted or last renewed. Failure to renew a license in a timely manner shall be grounds for termination and revocation of said license and shall be grounds for failure to renew said license. 9-2-8: LICENSE FEES Fees for persons licensed under the provisions of this chapter are as follows: (a) Amusement arcade annual fee. Applicants or holders of an amusement arcade license shall pay a yearly fee of Thirty-five Dollars ($35) per amusement device maintained upon the premises. (b) Amusement center annual fee. Applicants or holders of an amusement center license shall pay a yearly fee of Seventy Dollars ($70) per amusement device maintained upon the premises. 4 I • • • • - (c) Amusement arcade and amusement center, investigation fee. Applicants for an amusement arcade license shall pay an initial investigation fee of One Hundred Dollars ($100) to cover the cost of investigation required by this chapter. (d) Additional devices acquired during license period. All applicants and holders of amusement center or amusement arcade or amusement premise licenses shall report to the Director of Finance the addition of any amusement device or devices to their premises within fifteen days of said addition and tender to the Director of Finance at that time the fee of Fifty Dollars ($50) for each additional amusement device for the remainder of the original license period. Replacement of a device with another device is not an additional amusement device. Failure to report additional amusement devices to the City Clerk shall constitute a violation of this chapter and be grounds for revocation or suspension of the license granted pursuant to this chapter. The Director of Finance shall issue a receipt for the payment of these fees. Section 2. The '69 Englewood Municipal Code is hereby amended by adding new subsections 9 through 19, inclusive, of Chapter 2 of Title IX to read as follows: 9-2-9: DISPLAY AND TRANSFER OF LICENSE The holder of any license or receipt issued pursuant to the terms of this chapter shall be subject to the following: (a) The license shall be permanently and conspiciously displayed near the device licensed. (b) Any change in ownership o r management of an amusement arcade or center must be reported to the Director of Finance within (seven) 7 business days following such change. (c) Any license or receipt issued pursuant to the terms of this chapter shall not be transferable to any other location in the City. In the event of transfer of o wner ship of the business at the same location for whi ch a license or tax receipt is issued pursuant to the terms of this chapter, a license may be transferred to the new owner of the business; provided, however, that application therefor stating the same information as required by 9-2-4 is first presented to the Director of Finance for approval or disapproval. Approval or disapproval of such transfer shall be upon the same terms as approval or disapproval of a license under the terms of this chapter . (d) The transferee of a license under this chapter shall pay n additional annual fee as required by 9-2-8 when the license has b n transferred during the calendar year. 5 .~-----iiiioiiiiiii....__....;;;,;;,;;;,; _____ .. • I • • -• • • (e) Where any licensee has a change in manager or managers of his establishment, and a new manager has not previously been approved as a manager by the Director of Finance , he shall be presented by the holder of the license or shall present himself to the office of the City Clerk for a background investigation. An additional investigation fee of Seventy-five Dollars ($75) shall be paid by the amusement arcade or center employing the new manager. 9-2-10: GAMBLING PROHIBITED Nothing in this Article shall be construed to permit any unlawful gambling or wagering within the City. 9-2-11: HOURS OF OPERATION No establishment licensed pursuant to this Article shall allow operation of any amusement device between the hours of 2:00 A.M. and 7:00 A.M. 9-2-12: CURFEW: MINORS No child under eighteen (18) years of age shall enter or remain in an amusement arcade or center subsequent to the hour of 11:00 P.M. or prior to the hour of 5:00 A.M., except for lawful employment or unless there exists a reasonable necessity therefor, or, such child is accompanied by the parent, guardian or other person over twenty-one (21) years of age having the permission of the parent or guardian to have the custody and care of such child , or by any person between the ages of eighteen (18) and twenty-one (21) years having in his possession written permission from the parent or guardian to have the care or custody of such child; provided that on Fr iday and Saturday nights, the curfew hour for said children shall be extended to 12 :00 P.M. 9-2-13: LIGHTING Amusement Arcades shall have reasonable and safe lighting at all times so that all patrons are easily recognizable and all activities within the arcade are easily identifiable. The purpose of this section is to deter illegal activity within the arcade as defined by the Englewood Municipal Ordinances or the laws of the State of Colorado or the United States. 9-2-14: LICENSE SUSPENSION, REVOCATION, DENIAL (a) The Director of Finance shall either suspend, revoke, or deny any license grant d pursuant to this Articl upon a finding of any of the following factors: (1) That any of th amusement devic s maintain d upon h premise are being used for gambling purposes. 6 .,-------..... iiiiiiiiii.-...;;;;;,;;;;;,;,;;;._..;... ...... • I • • • • • • (2) That repeated disturbances of public peace have b een occurring within the licensed establishment or upon any parking areas, sidewalks , walkways, access ways or grounds immediately adjacent to the licensed premises involving p atrons, employees, or the holder of the license of the establishment. (3) That the holder of the license or any employee thereof is illegally offering for sale , or illegally allowing to be consumed upon the licensed premises, or upon any parking areas , s i dewalks, walkways, access ways or grounds immediately adjacent to the licensed premises, any controlled substance defined in C .R .S. 1 9 7 3, 18-18-105. (4) That where not spe ci fically authorized by law, ma lt , v i nou s , or s p i r i tuous beverages are being consumed on the prem i ses w i t h o r wi thout the c onsent of the owner by patrons of the lic ense d es tab l i s hment or where such beverages are being consumed b y patr ons o f t he establi shment upo n any park i ng areas, sidewalks, wal kway s , access wa y s o r grounds i mmediate l y ad j acent to the licen s e d p re mises . (5) Th a t the h older of t he l ic en s e or an approved · J..I. man ager is n o t upon th e l i c ensed pr e mises a t a l l times ~ C,A,C.. ~~~. -·-,. · I (tf,-That amusement dev ic es have been installed and/or ar e be i ng o perated on the premises of any amusement arcade or amus ement c enter for wh ic h the fee required by 9-2-8 hereof has not bee n paid o r f o r wh i ch appl i cation has not been made pursuant to 9-2-4 h e r eo f. (7) Tha t any am u s e men t ce nter or amusement arcade is being maint a i ned i n s u ch a way as to violate any building code, zoning , o r pub lic h ealth re q ui remen t imposed by ci ty, c oun t y o r state o r di nan ce , l aw o r regu latio n, o r any o ther prov i si o n o f city ordin an ce , or s ta te or fede r al! l a w. (8) That any license requi r ed to b e r en ewed h a s not been renewed in a timely manner as prescribed in t his Ar ticle . (9) That any provisions of this Article has b een violated by the o wner or manager of the amusement arcade , amusement center , or that either such o wner or manager has kno w ingl y allo wed the violation of any provision of this chapter to occu r . (10) That the use of the amusement devices in the licensed establis hm ent occu r s du r ing the hours wh e r e s u ch o p eration is prohibited pursuant to S e ction 9-2-11 or 9-2-12. (11) That the holder of a license has b een co nv icted of a felony or misdemeanor involving moral turpit u de . Nolo contendre pleas are tr at d as convictions. 7 • I • • • • • (12) That the distances required in 9-2-5(b) (6) and 9-2-5 (b) (7) has not been followed. (b) Nothing in this chapter shall prohibit the City from taking any other enforcement action provided for by this Code or the laws of the State of Colorado or of the United States. 9-2-15: APPEAL FROM A LICENSE SUSPENSION, REVOCATION OR DENIAL Any decision of the Director of Finance specified in this Section may be applied by any aggrieved party to the City Council by the filing of a wr itten notice of appeal no later than twenty (20) days after the date of the Director of Finance decision. Upon receipt of such a notice of appeal, the appeal shall be placed on the City Council 's or designee's agenda and shall be heard as a public hearing . Any appeal from the City Council's or designee's decision shall be to Arapahoe County District Court. 9-2-16: VIOLATION; PENALTY Any individual, association, partnership or corporation which is convicted of a violation of any provision of this chapter shall be fined in a sum of not more than Three Hundred Dollars ($300) or shall be imprisoned not to exceed ninety days, or shall be both so fined and imprisoned. 9-2-17: EFFECTIVE DATE All amusement arcades or amusement centers must apply for the appropriate license within one hundred twenty (120) days after the effective date of this ordinance. All amusement premi ses must pay the appropriate license fees within one hundred twenty (120) da y s after the effective date of this ordinance . The effective date of this ordinance is December 6, 1982 . 9-2-18: SE VERABIL ITY If for any reason any one or more sections, sentences, clauses , or parts of this Ordinance are held invalid, such invalidity shall not affect, impair , or invalidate the remaining provisions of this Ordinance. It is the intent of the City Council that the provisions of the Ordinance shall be severable. Section 3. This Ordinance is necessary for the i mmediate preservt1on of the publi c health and safety and an emergency exists by reason of the fact that the enactment of this Ordinance is necessary to the orderly and efficient administration of the business within the City of Englewood; therefore , this Ordinance shall take effect following adoption immediately upon the signature of this Ordinance by th Mayor approving the same. 8 • I • • n • • • • Introduced, read in full and passed on first reading on the 4th day of October, 1982. Published as a Bill for an Ordinance on the 6th day of October, 1982. Read in full as amended on the 15th day of November, 1982. Published in full as amended on the 17th day of November, 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 4th day of October, 1982, published as a Bill for an Ordinance on the 6th day of October, 1982, read in full and passed as amended on the 15th day of November, 1982, and published in full as amended on the 17th day of November, 1982. Gary R. Higbee 9 • 0 I • • I .... • ORDINANCE NO. SERIES OF 198~2~~~ • • • BY AUTHORITY A BILL FOR COUNCIL BILL 41.1 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE AMENDING TITLE IX, CHAPTER 2, OF THE ENGLEWOOD MUNICIPAL CODE OF '69, AS AMENDED, BY REPEALING AND REENACTING SECTIONS 1 THROUGH 8, INCLUSIVE, AND ADDING NEW SECTIONS 9 THROUGH 19, INCLUSIVE, RELATING TO THE CONTROL OF AMUSEMENT ESTABLISHMENTS, CO MMONLY KNOWN AS "AMUSEMENT DEVICES ORDINANCE", AND DECLARING AN EMERG ENCY. WHEREAS, there ex ists a prol iferation of Amusement Centers in the City of Englewood; and WHEREAS, there is a need to monitor and control Amusement Centers ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Subsections 1 through 8, inclusive, of Chapter 2 of Title IX of the '69 Englewood Muni ci pal Code is hereby amended to read as follows: 9-2-1: TITLE Th is Ordinance shall be known as the Englewood Amusement Devices Ordinance. 9-2-2: DEFINITIONS As used in this Ordinance of the Muni cipal Code of the City of Englewood: (a) "Amusement arcade" shall mean a place or establishment at one location where an individual, association, partnership, or corporation maintains more than fifteen (15) amusement devices. (bl "Amusement center" shall mean a place or establishment at one location where an individual, association, partnership, or corporation maintains fifteen (15) or less amusement devices, either as a sole business or in conjunction with some other business. (c) "Amusement devices" shall man any device which upon ins rtion of a coin, slug , token, place, or disc, or payment of a consid ration directly therein , may b u ed by the public as a gain, entertainment, amusement, a test of skill, either mental or physical, whether or not r gistering a core, nd shall include, bu not be limited to, pool tabl s , snook r tables, foosball t bles, electronic gam s , coin-op rated movies, nd pinball m chines o every kind nd description, but shall not include radios, d vices hat provid music only, televisions carrying co mmercial broadca ts only , d vice for bowling uch s bowling • I • • • • - la nes, non-coin-operated pool and billiard tables, or fixed-stand , coin -operated kiddie rides. (d) "Applicant" shall mean any individual, association, partnership or corporation requesting a license pursuant to this chapter. (fl "Manager" shall mean an individual who manages, directs, su pervises, oversees , and administers the acts and transacti ons of the agents or servants of any establishment governed by this chapter or who, through his own actions, directs, oversees, and administers the affairs of any such establishment . 9-2-3: LICENSE REQUIRED (a) No amusement arcade or center shall conduct busine ss withi n the City without a valid license as provided herein. (b) No amusement arcade or center shall conduct bus iness within the City without paying the annual fee placed upon amusem ent devices required by 9-2-8. (c) Any amusement arcade or center which holds a liquor lice nse granted by the City of Englewood is not subject to the requirements of 9-2-4 of this Ordinance but is subject to all requi rements in 9-2-8 of this Ordinance. 9-2-4: LICENSE APPLICATION The appli qtion for an amusement arcade or amusement center license shall be made to the Di re cto r of F inance and shall be accompanied by the fee required by 9-2-8 and shall contain the follo wing inf ormation: (a) the name and address of the establishment; (b) the name , address , age, date and place of birth, fed ral identification number and Social Security number of the applicant(s) and manager(s) of the establishment; (c) prior felony convictions, including nolo contendre plea s of the applicant(s) and manager(s); (d) prior misdemeanor convictions involving moral turpitud e , including nolo contendre pleas, of the applicant(s) and manager(s); (e) Where applicant is a corporation , association, partnership, or private club, the information required in paragraphs (b), (c), (d) hall be furnished as to each offic r o f the association, each partn r of a partnership, ach officer o f h c orporation, ach member of the board of directors of the co rporation, and the holders oft n perc nt (10) or more of th e c orporate stock of any class; 2 • I • • • • • - (f) Evidence from the department of Community Development of the City that the location of the p r oposed amusement arcade meets all of the zoning requirements of the City; (g) Copy of a lease or proof of ownership by the applicant; (h) The number of amusement devices to be maintained at the amusement arcade . (i) Any additional information requested by the Director of Finance reasonably needed to enforce this Ordinance. 9-2-5: LICENSE APPROVAL (a) Application for the license required by 9-2-4 shall be reviewed by the Director of Finance . The Director of Finance shall have an investigation conducted by the police department sufficient to verify all the information required by this chapter. On completion of this investigation , the Director of Finance shall either approve or disapprove the application. (b) No license shall be issued to any applicant unless ~ approved by the Director of Finance. The Director of Finance sb-cri'l refuse to issue any license for an amusement arcade or amusement center if the Director of Finance finds any of the following: (1) That the applicant is under the age of twenty-one years. (2) That any designated manager is under the age of twenty-one years. (3) That the applicant, manager, or either of them, has knowingly or intentionally made false statements in the application. (4) That the applicant , manager, association officer, any partner of a partnership, officer of the corporation, member of the board of directors of the corporation , or a 10\ or more shar holder of the corporatio1}{ l!-\iQOYk.t:~.~O"t a f:e~ n~r involving moTal tu pitude~ lacks good moral characte r. l -j" (5) The applicant manager, any association officer, any partner of the partnership, any officer of the corporation, any m mber of the board of directors of the co rporation, or any 10 \ or more shareholder of the corporation has had a license for such busin ss revoked, suspended, or denied within t wo (2) years prior to th application or has been det rmined to be a nuisance within wo (2) years prior to the application. 3 -(' /, ..___t ( < • I • • /) • • - (6) That the proposed amusement arcade or amusement center is located within five hundred (500) feet of the boundary of any public or parochial school grounds, said distance to be computed by direct measurement from the nearest property line of the land used for school purposes to the nearest portion of the building in which the amusement arcade or amusement center is located. (7) That the proposed amusement arcade is located with in one thousand (1 ,000) feet of another amusement arcade. (c) That the sections 9-2-5 (b) (6) and (7) are not applicable to amusement arcades or centers in existence prior to December 6, 1982. 9-2-6: LICENSE TERM All licenses granted pursuant to this chapter shall be for a term of one (1) year. Said term shall commence on January 1 of each year and terminate on December 31 of the same year. Applications for a license occurring at any other time during the year shall be treated the same as if they were made for one calendar year and shall terminate on the same date as all other licenses issued for the same year and no proration shall be permitted. 9-2-7: LICENSE RENEWAL Renewal of any of the licenses granted pursuant to this chapter may be had by payment of the license fee along with a statement that the information listed on the original license application is still true and correct , or a statement listing those items of information required for a license application wh ich have changed in the year since the license wa s granted or last renewed. Failure to renew a license in a timely manner shall be grounds for termination and revocation of said license and shall be grounds for failure to renew said license. 9-2-8: LICENSE FEES Fees for pr ons licensed under th provisions of this chapter are as follows: (a) Amusement arcade annual fe • Applicants or holders of an amusement arcade license shall pay a y arly fe of Thirty-five Dollars (~ pr amusement device maintained upon the pr mise ? (bl Amusem n center annual f Appli cants or hold rs of an amu ement cent r lie nse shall pay a y arly fe of Sev nty Dollars (.S-1'0') per amusem nt device main ained upon the premises. 4 • I • • • - • • • I . • • • • (c) Amusement arcade and amusement center, investigation fee. Applicants for an amusement arcade license shall pay an initial investigation fee of One Hundred Dollars ($100) to cover the cost of investigation required by this chapter. (d) Additional devices acquired during license period. All applicants and holders of amusement center or amusement ar cade or amusement premise licenses shall report to the Director of Finan ce the addition of any amusement device or devices to their premi ses within fifteen days of said addition and tender to the Director of F i nance at that time the fee of Fifty Dollars ($50) for each additional amusement device for the remainder of the original license period. Replacement of a device with another device is no an additional amusement device. Failure to report add itional amusement devices to the City Clerk shall constitute a violation of this chapter and be grounds for revocation or suspension of the lice nse granted pursuant to this chapter . The Director of Finance shall issue a receipt for the payment of these fees. Section 2. The '69 Englewood Municipal Code is hereby amended by adding new subsections 9 through 19, inclusive, of Chapter 2 of Title IX to read as follows: 9-2-9: DISPLAY AND TRANSFER OF LICENSE The holder of any lice nse or receipt issued pursuan t to the terms of this chapter shall be subject to the fol lowing: (a) The license shall be permanently and conspiciously displayed near the device licensed. (b) Any change in ownership or management of an amusemen arcade or center must be reported to the Director of Finance wit hin (seven) 7 business days follo wing such change . (c) Any license or receipt issued pursuant to the terms of this chapter shall not be transferable to any other location in th City . In the event of transfer of ownership of the business at the s me location for which a license or tax receipt is issued pursuant to the terms of this chapter, a license may be transferred to the new owner of the business; provided, however, that application therefor stating the same information as required by 9-2-4 is firs pr s nted to the Dir ctor of Finance for approval or disapprov 1. Approval or disapproval of such transfer shall b upon the sam terms as approv 1 or disapproval of a license under th t rms of this ch pt r. (d) Th transf re of licens under his chapter ah 11 pay an additional nnu 1 fee as r quired by 9-2-8 when the license ha been tran ferred during the calendar year. 5 • I • -• • • (e) Where any licensee has a change in manager or managers of his establishment, and a new manager has not previously been approved as a manager by the Director of Finance, he shall be presented by the holder of the license or shall present himself t o the office of the City Clerk for a background investigation. An additional investigation fee of Seventy-five Dollars ($75) shall be paid by the amusement arcade or center employing the new manager. 9-2-10: GAMBLING PROHIBITED Nothing in this Article shall be construed to permit any unlawful gambl i ng or wag e ring within the Ci ty. 9-2-11: HOURS OF OPERATION No establishment licensed pursuant to this Article shall allow operation of any amusement device between the hours of 2:00 A.M. and 7 :00 A.M. 9-2-12 : CURFEW: MINORS No child under eighteen (18) years of age shall enter o r rema i n i n an amusement ar c ade or center subsequent to the hour of 1 1:00 P.M. or prior to the hour of 5:00 A.M., except for lawfu l e mploymen t or unless there exists a reasonable necessity ther e f o r, or, such c hild is a c companied by the parent, guardian or other per so n over twen t y-one (21) years of age hav i n g the permission of the pare nt or guard i an to have the c ustody and care of such child , o r b y a ny perso n be t we e n t he age s of e i ghteen (18) and twenty-o n e (21) ye a r s hav ing i n h is pos se ss io n wr i tten permission from th e pa r ent o r g uard ian to h a ve th e c are o r c us tody of such child; p r o v ided th a t on Fr i da y a n d Sat urd a y n i ght s , th e curfew hour fo r said child r en shall be e x tended to 12 :0 0 P.M. 9-2-13: LIG HTIN G Amusement Arcades shall have reasonable and safe lighting at all times so hat all patrons are easily recognizable and all activities within the arcade are easily id ntifiable . The purpose of this section is to deter illegal activity within the arcade as d fined by the Englewood Municipal Ordinances or the la ws of the Stat of Colorado or the United States. 9-2-14: LICENSE SUSPENSION , RE VOCATION , DENI AL (a) Th Director of Financ deny any liens granted pursuan ny o th following factors: shall either usp nd, revo e, or to this Article upon a find ng o (l) Th t ny of the amus ment devlc s main ained upon h pre ises are bing used for gambling purposes. 6 • I • • • • • - (2) That repeated disturbances of public peace have been occurring within the licensed establishment or upon any parking areas, sidewalks, walkways, access ways or grounds immediately adjacent to the licensed premises involving patrons, employees, or the holder of the license of the establishment. (3) That the holder of the license or any employee thereof is illegally offering for sale, or illegally allowing t o be co nsumed upon the licensed premises, or upon any parking areas, sidewalks , walkways, access ways or grounds immediately adjacent to the licensed premises, any controlled substance defined in C.R.S. 1973 , 18-18-105. (4) That where not specifically authorized by law, malt, vinous, or spirituous beverages are being consumed on the premises with or without the conse nt of the owner by patrons of the licensed establishment or where such beverages are being consumed by patrons of the establishment upon any parking areas, sidewalks, walkways, access ways or grounds i mmediately adjacent to the lic ensed premises. (5) That the holder of the license or an approved · manager is not upon he licensed 1 premises at all times. ~l1t 4-l u_..... tf t rl<. -,1.1 -.-.J ,. IL-I~ J -(6) That amusement devices have been installed and/or are being operated on the premi ses of any amusement arcade or amusement center for which the fee required by 9-2-8 hereof ha s not been paid or for which applicat ion has not been made pursuant to 9-2-4 hereof. (7) That any amusement ce nter or amusement arcade is being ma in tained in such a wa y as to violate any building code, zoning , or public health requirement imposed by cit}, county or state ordinance, law or r egulation, or any other provision of city ordinance, or state or federall law. (8) That any license required to be rene wed has not been renewed in a timely manner as prescribed in this Article. (9) That any provisions of this Article has been violated by the owner or manager of the amusement arcade, amusement center , or that either such own r or manager has knowingly allowed the violation of any provision of this chapter to occur. (10) That the use of the amusement devices in the licensed establishment occurs during the hours where such operation is prohibited pursuant to Section 9-2-11 or 9-2-12. (11) That the hold r of a license has b a f lony or misdem anor involving moral turpitude. pl as are tr at d as convictions. 7 • n convict d of Nolo cont ndre I • • • • • (12) That the distances required in 9-2-5(b) (6) and 9-2-5 (b ) (7) has not been followed. (b) Nothing in this chapter shall prohibit the City from taking any other enforcement action provided for by this Code or the laws of the State of Colorado or of the United States. 9-2-15: APPEAL FROM A LICENSE SUSPENSION, REVOCATION OR DENIAL Any decision of the Director of Finance specified in th is Section may be applied by any aggrieved party to the City Coun cil by the filing of a written notice of appeal no later than twen t y (20) days after the date of the Director of Finance decision. Upon receipt of such a notice of appeal, the appeal shall be placed o n the City Council 's or designee's agenda and shall be heard as a public hearing. Any appeal from the City Council's or designee's decision shall be to Arapahoe County District Court. 9-2-16: VIOLATION; PENALTY Any individual, association, partnership or c orporat io n which is convicted of a v i olation of any provision of this chap te r shall be fined in a sum of not more than Three Hundred Dollars ($300) or shall be impr i soned not to exceed ninety days, or shal l be both so fined and impr i soned. 9-2-17: EFFECTIVE DATE All amusement ar c ades or amusement centers must apply for the appropriate license within one hundred twenty (120) days aft e r the effective date of this ordinan c e. All amusement premises mu st pay the appropriate li c ense fees wi th i n one hundred twenty (1 2 0 ) days after the effe ct ive dat e of t his ord i nanc e. The effective da t e o f thi s ordinan c e is De c emb e r 6 , 1 98 2 . 9-2-1 8: SE VER ABILITY If for any r eason any one or more sections , sentences , claus s, or parts of this Ordinance ar h ld invalid , such inv lidity shall not affect , impair, or invalidate the remaining provisions of this Ordinance. It is the int nt of the City Coun c il that the provisions of th Ordinance shall be severable . Section 3. This Ordinanc is nee ssa r y for the i mm ediate pr servtion of the public health and safety and an em r gency exis s by r ason of th f ct that the n ctm nt of this Or dinance is necess ry to th o r d rly and fficient administration of th bu iness within he City of Engl wood; th refore , this Ordinance hall take eff c following doption imm diately u p on th sign ure of his Ordin nc by h Mayor approving h sam . 8 I • • • • • • Introduced, read in full and passed on first reading on the 4th day of October, 1982. Published as a Bill for an Ordinance on the 6th day of October, 1982. Read in full as amended on the 15th day of November, 1982. Published in full as amended on the 17th day of November, 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 4th day of October , 1982, published as a Bill for an Ordinance on the 6th day of October, 1982, read in full and passed as amended on the 15th day of November, 1982, and published in full as amended on the 17th day of November, 1982. Gary R. Higbee 9 • I • • - • C O U N C I L DATE November 8, 1982 • • • C O M M U N I C A T I O N AGENDA ITEM 4 SUBJECT Amendment of Englewood Downtown Redevelop- ment Plan. INITIATED BY ~-En_.::g_lew~oo~d~O_r~ban~R_e_n_e_w_al~A_u_t_h_o_r_it~y~~~~~~~~~~~~~~ ACTION PROPOSED Amend the Downtown Re4eYel9PMOt P]an to 1ocJude prnpert1es from Broadway east to Englewood High School which will he affected by part1aJ oc total ac uisition in the INTRODUCTION AND BACKGROUND: The Englewood Downtown Redevelopaent Plan (Urban Renewal Plan) was adopted by City Council on August 23, 1982. At that time, it was recognized that certain properties along Little Dry Creek would have to be acquired by the Urban Renewal Authority to impleaent proposed flood control improvements. Based on legal counsel's advice, the Downtown Redevelopment Plan was amended on the night of adoption to include a list of specific properties required for the Little Dry Creek Project. Council was informed that as the Project Engineers determined what additional piece• of property were required, amendment• to the Plan would be submitted to Council listing thee properti s. The attached Addendua 13 is 1uch a suppl ntal listing. RECOHHENDATI Council conduct a public haring in accordanc with th Colorado Ct 1973 (aa nded) 31-25-107 (3) and aaend the En lewood n Plan by includin th prop rties liated in the attached • I . - • • • • ENGLEWOOD DOWNTOWN REDEVELOPMENT PLAN ADDENDUM #3 Add to Page 39a before the last Paragraph: Address 3800 South Logan Street 3705 South Clarlr.aon Street 777 Eaat l(enyon Avenue 3666 South Pearl Street 3655 South Pearl Street 3655 South Pennsylvania Street 3638 South Logan Street 3601 South Logan Street 3575 South Logan Street 3522 South Broadway Parcel• with no addreaa: u. s. 285 a.o.w. u. s. 285 a.o.w. u.s. 285 a.o.w. U.S. 285 R..O.W . • P. P. I. Number 2077-03-1-00-008 2077-03-1-00-010 2077-03-1-14-024 2077-03-1-14-005 2077-03-1-13-047 2077-03-1-13-046 2077-03-1-13-002 2077-03-1-13-001 2077-03-1-12-002 2077-03-1-05-004 2077-03-1-07-025 2077-03-1-13-019 2077-03-1-13-006 2077-03-1-03-027 2077-03-1-07-022 2077-03-1-07-016 2077-03-1-07-023 Bk. 782, Pg. 535 Bk. 991, Pg. 151 Bk. 1845, Pa. 539 Bk.1925, Pg . 792 I • • ·_n • • - MINUTES BOARD OF ADJ USTMENT AND APPEALS CITY OF ENGLEWOOD, COLORADO SEPTEMBER 8, 1982 5 A The regular meeting of the Board of Adjustment and Appeals was called to order by Chairman Roger Gage at 7:30 p.m. in the Library Conference Room. MEMBERS PRESENT: Kreiling, Hallagin, Brown, Seymour, Dawson, Leonard and Gage. MEMBERS ABSENT: None. ALSO PRESENT: The members of the City Planning and Zoning Commission, Mike Haviland, Executive Director of the Englewood Downtown Development Authority, Assistant City Attorney Tom Holland, Dorothy Romans, Assistant Director, Department of Community, Senior Planner Susan King and Planners I, Harold Stitt and Larry Yenglin . Chairman Gage stated that the minutes of the meeting of August 11 , 1982, were to be considered for approval. BOARD MEMBER ICREILING MOVED TO APPROVE THE MINUTES OF THE AUG UST 11 , 1982, MEETING OP THE BOARD OF ADJUSTMENT AS WRITIE Board Member Leonard seconded the motion. Up on call of the roll, all members present voted in the affirmative and th Chairman rul d that th minutes s t nd APPROVED s written. Ch irman Gae stat d that the Board should consid r the Findings of Fact and Co n clus ion in Ga s No. 13-82 and Cas No. 14-82. BOARD HDfilER SEYMOUR MOVED TO APPROVE THE FIND! 'GS OF FACT AND CONCLUSIO IN CASE O . 13-Sl , BLUEBIRD INTERNATIONAL, 277 SOlITH TEJO , E CLE D, COLORADO AND l CASE O. 1 -82, E. E. AND GLO RIA CHRISTIAN, 560 EAST AMHERST PLACE, ENGL EWOOD, COLORADO. Upon all o th r oll , 11 s nt vot din th a firmative nd th 13-82 Ch irman rul d that th Findings nd 1 -2 v r approv d. ct and Conclusion in Ca o . Ch int111n G many d arc•• t 7:40 p.m. conv n d and Zonin t 7:50 p.m. in a joint m Co isaion. tin D vntown D v lop nt d E GLEWOOD O THE 1 I • • September 8, 1982 Minut es • • • Page 2 es tate agents at meetings sponsored by representatives of the Englewood School District and the City. It has proven to be of such interest, that it is being shown to many diverse organizations. Mr. Harold Stitt, Planner I in the Planning Division, explained the pro- cedure that will be followed in enforcing the new Sign Code which became effective on August 6, 1982. Letters will be sent to the owners and/or lessees of all nonconforming, abandoned, prohibited and hazardous signs, and the owner of the property on which the sign is located, notifying them of the violation and advising them of the necessity for compliance with the Sign Co de. They will also be advised of the process for appeal. The letters will be sent out in phases to the several areas of the City for efficien cy of enfo rcement. The members of the Board and Conunission were given cop ies of the f orms and letters that will be used. Mr. Holland then reviewed Council Bill No. 40 which was passed on first reading by the City Council on September 7, 1982. This Bill for Ordinance pertains to an amendment to Section 22.2-6 of the Comprehensive and Zonin g Ordinance and sets forth the criteria to be considered when reviewing a request for a variance to the Sign Code. The Board must determine that : 1 . There are special c ircumstances or conditions such as the existence of buildings, topography, vegetation, sign structures or other matters on adjacent lots or within the adjacent public right of way, which would subs tantially restrict the effectiveness of the sign in question; pro- vided, however, that such special circumstances 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 Ofdinance nor the regulations presc ribed for th District in which the s ign is located. 3. Th of th variance, if authorized , wil l not alter thees ntial charact r District in which th sign is locat d. The variance, if authoriz d , will not ubstantially or p rmanently injur th appropriat use of adjacent conforming prop rty. Mr. Holland called attention to the 1 ngua of th Council findin • t forth in th Bill for Ordinan which stabli h • that: l. and to o atron to t th City' n d to revitalize jor r ional retail ahoppin ar a and City and pr rve its correlativ chara ter valu a. 2. It ia th int nt o th Sin Cod to control ai na for traffic aty and eath tic r aaona nd to hav a co11111U nity which ia b autiful, h alth , cl an, w 11-balanced and a re. I • • September 8, 1982 Minutes • • • Page 3 3 . It is the desire of the City Council to maintain strict com p l iance with said Sign Code to accomplish its purposes. 4. 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. 5 . The City Planning and Zoning Commission 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. Mr. Holland stated that this language makes it clear that it is the intent of the City Council, upon the recommendation of the Planning Commission, that variances to the Sign Code should be granted only upon the showing that a real and unnecessary hardship exists. Discussion ensued. The Board of Adjustment and Appeals and the City Planning and Zoning Commission adjourned their joint meeting at 9:00 p.m. -, , -: ~'£t'.--ca D. A. Romans, Seer tary Pro Tem • I • • • • • 5 CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION SEPTEMBER 28, 1982 I. CALL TO ORDER. The Special Meeting of the City Planning and Zonin g Commiss i on wa s c alled to order at 7:10 P. M. by Chairman McBrayer . Members present: McBrayer, Senti, Stoel, Tanguma, Barbre, Becker, Carson D. A. Romans, Ex-off icio Members absent: Allen, Gilchrist II . PROMOTE ENGLEWOOD Brochure Mr. McBrayer stated that the Commission wanted to discuss mor e fully the type of brochure to be used for the "Promote Englewood" campaign. The discuss ion which occurred at the meeting of September 21st wa s r view d, and samples of brochures were viewed by the Commi ssion. Determinations made by the Commission are as follows: Paper: 8011 "matte" or "satin" finish for cover and interior pages . (Paper to b similar to that used i n the brochure from Columbia, Maryland). Pictur Col or photography, large pictures with brief statement s. One large photograph to be extended across the cover of th brochur Pock t styl : Pock t to b i n cluded in th back cov er , with variou in- rt Size: 8-1/2 x 11. Logo: Lar loo to b on in lde of back cov r wh r th pock t l to b • Print: Lar , l lble printing. Topic : lnclud th po "lndu tr " on ibility of addr to th cyp o{ th major h ding ; Inv stigat in on topic pr pa Colu bla, Md., nd Nll ts ion avon. • I • • • • • -2- Mrs. Romans suggested that perhaps Ms. Dorothy Dalquist, Public Relation s Director of the City, should be involved in this discussion, inasmuch as she would be involved in the preparation of the copy to accompany this brochure. Mr. McBrayer indicated that Ms. Dalquist would be welcome to sit in on the discussions. III. LANDSCAPING ORDINANCE. Mr. Stoel distributed Draft II of the landscaping ordinance, which is a modification of the Draft I prepared by the staff. Sections that have been eliminated have been so indicated, such as references to landscaping requirements in the R-1 Zone Districts. Mr. Stoel noted that the land- scaping provisions would apply to the R-2, R-2-C, R-3, and R-4 Zone Dis- tricts, which presently have landscaping requirements, as well as the B-1, B-2, I-1 and I-2 Zone Districts for which landscaping requirements are pro- posed. Landscaping requirements would also be set forth in the Planned De- velopment regulations, the Downtown Redevelopment area, and other special projects of mixed land use, and would be required where extensive remodeling is done. Mr. Stoel pointed out that there are areas along South Broadway where it would not be possible to do landscaping, but if the special fund for landscaping and fine arts suggested by the staff were to be created, perhaps these individuals could contribute to that fund. Mr. Tanguma stated that he did not feel prop rty owners who could not pro- vide landscaping on their properties that they pre s ently own should be penalized because of a new ordinance that is being enacted. Ir. Stoel pointed out that the present property owners would not be required to do anything unless their property is extensively remodeled; only then, would they be required to provide landscaping or to contribut to the fund. H stated that he did not feel they s hould be allowed to do nothing. Dlscu sion ensued. Mr. Tanguma tated that h felt there w r too many regulation for property owner t o contend wi th now, and that r gulations add to th cos t of property and in the cas of businesses, it is passed on to th con- sume r. Furth r discussion e n sued . It w s no ted that perhaps the contri- bution th propert y owner wh o c nnot provid th r quired minimum land~c ping would be required to mak to th land caping nd fine arts fund, could b pro-rat d ba don th mount of land ping th t c n be and i provid d. Mr. McBrayer R-2 and R-2-C d V Mr. vld d V waa 'Ir. St 1 di r qufr would lik to pr vi t th R-2 d R-3 Di trlct . nt o tr ; h tat d hln lt ahould • pro- tn I • • • • • • -3- Mr. Stoel inquired whether landscaping provisions for B-1, B-2, 1-1 and 1-2 could be written as one requirement, or is there a reason that the business and industrial areas might need to have separate regulations? Mrs. Romans stated that she felt that regulations encompassing both the business and industrial districts would be workable. Discussion ensued. Mr. McBrayer suggested that perhaps the staff could take photograph s of some establishments that have no landscaping, and superimpose what would be the minimum 10% landscaping to determine whether parking spaces would be eliminated, and what the resulting appearance would be. Mr. Stoel seated that perhaps properties devoted to the same use in different locations could be compared. Discussion ensued. It was felt that perhaps the 10 % minimum landscaping requirement might yet be too high. Mr. Stoel stated that the screening between business and industrial zones and adjacent and/or abutting residential zones is already required, and he felt should be retained. Landscaping of parking lots was then discussed. Mr. KcBrayer asked about landscaping of smaller lots with less than 50 vehicle capacity. Ms. Becker stated that s he felt an automatic sprinkler system should be required in the landscaping provisions, because without the sprinkling system she questioned that the plantings would be watered and maintained. Mr. Stoel commented that with some of the very small areas that could be landscaped, an automatic sprinkler system would be impractical and too res trictive. Mr. Stoel then cited apropos d maintenance provision whereby if the landscaping is not maintain d, the City will have the authorit y to cause maintenance or to bill the property owner if the City has to assume that respon sibility. Ms. Becker spoke strongly in favor of the automatic sprinkler syst m, and tated she could not support th propo ed ordinanc as it is presently written without this provision. Discussion en ued. Mrs. Roman stated that on d - velopments that hav very mall areas to be land cap d, the staff has asked that an outside fauc t be available to f cilitat watering of the pl nt materials; she sugg s td that tht lght b alt rn tiv olution to th r quirement of an automatic sprinkler yst min instances . Kr. McBray r ugge t d that thi aatt r b con id rd gin t th next r gular ae ting of the Coallis Ion. ni tin wa d clar d djourn d at :20 P.M. Hr. w r * * * * * * * * * * ion th n aiet in a d i c u I on athl n t, nd Hr. At ndtn Hll l, Lib M • Pl nn l n rrv Hill Vtll g n Call w, Vi o la r Chuck C01Jard, nd t a fo r nt Pl nn r, I • • • • - -4- I . The Waterford Development. Mr. McBrayer asked if Mr. Bradbury and Ms. Gab riella would make their presentation on The Waterford project at thi s time. Mr. Bradbury introduced himself, stating that he is a resident of Cherry Hills Village, and is the Executive Marketing Director for The Waterford project. Mr. Bradbury introduced Ms. Gabriella who is the Marketing Di- rector for The Waterford. Ms. Gabriella stated that The Waterford has not been a simple project to market; there is no development in this area that is comparable to The Waterford --no luxury c ondominium unit s in a suburban setting. Ms . Gabriella stated that the first requ i rement for marketing such a project is "quality" throughout the deve lopment. She noted that there have been 4,000 people who have gone through the project within the last 12 month s , and many of their s ugge s t ion s are being incorporated in the fini s hing of the unit s . Ms. Gabriella pointed out that she and Mr. Bradbury had found the previous d iscu ssion of the Commission on landscaping requirement s to be of great interest t o them, because there would be a great amount of land- scaping i n The Waterford development. She noted that they want to complete the landscaping along the Highway (H2 85) first to give an attractive view to the pa sser s-by . Ms.Gabriella s tated that the one problem they have ex- p rienced is the limited access to the site; at the present time, there is one signalized intersection with U.S. 285, and no direct a ccess to Floyd Avenue. It is hoped that a second signalized intersection on U.S. 285 could be realiz d. Mr. Bradbury tated that there would be five buildings, which will cover approximately 20% of th land area. Con truction on the econd building in th comp] xi projected to b gin in th pr ing of 1983, and would b in the southwe t corner of th qi te. Ms. Gab riell pointed out that they hav found there are thr di tinct group of buyer who r lnt re ted in Th Waterford d velopm nt: 1. P opl who llv in th lmm di te r a. 2. Out-of-tovn, out-of-tate, and out-of-country. 3. People llvin in oth r part of th D nv r tro ar a. Th Mr. tat • lt wa not d that th t th r would propo d d v lop nt. t I • • • • - -5- in the first building is November 15th. In answer to a question, Mr. Bradbury stated that the total site is 35 acres, and that the condominium structures will cover no more than 20% of the land area. Mr. Bradbury discussed the security provisions in the buildings, as well as the fire safety features of the development. He noted that the Fire and Building Codes have been very strictly interpreted by the City, and that each unit is fully sprinklered, in addition to the required fire walls, etc. Pass cards are required to gain access to the underground parking areas; there will be coded telephones to each unit, and a 24-hour guard service will be required. II. TEMPLE BUELL PROPERTY. Cherry Hills City Manager Chuck Coward discussed the resort hotel and condominium development proposed to be constructed on the Te mple Buell property on the southeast corner of U.S . 285 and South University Boulevard. The proposal is for a 600-room, five-star resort hotel, 200 condominium units, and a golf course. There would be the s upport ing restaurant s and specialty shops in conjunction with the resort hotel. Mr. Coward stated that application was made in August, 1981, by Tucker-Boulineau for approva l of the proposed development. Kr. Coward di scussed two plans which were on display, the "conforming" plan, and the "desired" plan, noting that even the "conforming" plan is not in conformance with the regulations of Cherry Hills Village. Mr. Coward discussed the zoning in Cherry Hills Village, and pointed out that golf cour es are not permitted in the R-1 Residential Districts, and that condominium units are not permitted in the R-A-1 Zone District. A resolution recently approved by th Cherry Hills Village City Council approves the basic "conforming" plan, but dos not give approval to the condominium unit s , and does not approve the larger 18-hole golf course. Height of the hotel would b limited to 90 feet. Discussion ensued. Ms. Becker que tion d the impo ition of a "re ort" hotel in this iDDDediate area. Kr. Coward indicat d that this is a concern of th Cherry Hill s Villag Planning Com.t s ion, City Council, nd staff. III. DOWNTOWN REDEVELOPMENT PROJECT. Kr. Wm. Richard Hin on, Econ0111ic v lopm nt Plano r for th City of Engl - wood, di cu d project d plans for th r dev lopme.nt of th downtown ction of Engl wood, and iaprov aent s vhich ar proj ct don Little Dry Cre k from South Clark on Str t throu h En l od to South Driv • Hr. Hin on not d that th laprov aent • on Little Dry Cr k d ign stag• at thi• tiae, with actual const ruction to b in in Requ •ts for Propo•al• fr m d v loper hav b n r qu st d, nd a bri flng m ting will b sch dul din mid-Octob r; fina propo als from d v lop rs would b du O d Y• fro th dat of th bri fin , and it i• hop d that nt with adv lop r b •ign d ti in c 111b 19 2. I • • - • • • • -6- that the Urban Renewal Authority approved the Downtown Redevelopment Plan (Urban Renewal Plan) in May, 1982; the Planning Commission found the Plan to be in conformance with the Comprehensive Plan in July, 1982, and the City Council approved the Downtown Redevelopment Plan following a Public Hearing on August 23, 1982. This Plan has been certified to the County, and the tax increment district has been formed. Further discussion ensued on the proposed redevelopment plan, including the development of a mall along West Girard Avenue, and development of a "commons" area along Little Dry Creek through the downtown area. Members of the two Commissions agreed that it was beneficial to get to- gether in joint sessions, and that they should try to do so at least once a year. Mr. McBrayer expressed his appreciation for the attendance of the members from Cherry Hills Village, and declared the session ended at 10:15 P. M. • I • • - • • • • 5 8 CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION October 5, 1982 I . CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order at 7:00 P.M. by Chairman Ed McBrayer. Members present : Stoel, Tanguma, Allen, Becker, Carson, Gilchrist, McBrayer Romans, Acting Ex-officio Members absent: Senti, Barbre Also present: Senior Planner Susan T. King II. APPROVAL OF MI TES. Chairman McBrayer stat d that the Minute s of September 21, 1982, were to be considered for approval. Carson moved: Ta nguma seconded: Th Minutes of the meeting of September 21, 1982, be approved as written. AYES: Stoel, Tanguma, Allen, Beck r, Carson, McBrayer NAYS: None ABSTAIN: Gilchrist ABSENT: Barbre, Senti The motion ca rried. III. VIDEO GAME ARCADE 3439 South Lincol; CASE f20-82 ChairmAn McBray r tat d that th public haring which had be n ch dul d for this dat and time on th requ t for avid o a arcad t 3439 South Lincoln ha b n c nc 11 d; th requ t for pproval has be n withdrawn. IV, ITHACA INVESTME T COMPANY Parkin Layout Lot, 6 -25, Bio k , En 1 wood a k d h w auch ri ht-!-way on -wa c upl t wlth Ith a CASE 124-82 nd Z ning Co mmi a1ion th propoa d parking H ked if th r uld b n d d nd u .. 285 la th co -ii ion? 1t Ithaca d. Mr . I • • • • - -2- Romans s tated that it is hoped that the one-way s tree t can be developed wi thin the existing 60 foot right-of-way; it might be ne cessary t o have a radius for the tran si tion from this property, but und e r s t ood that th e applicants had taken this possibili t y into con sideration in the i r planning . Mr. McBra ye r s tated that he unde r s tood the s taff had an addendum to th e s taff report; he asked that this be explained . Ms. Susan King stated that when Mr . Anderson , the applicant, ini t ially contacted the s taff about t he proposed development, the propo sal was t o have 40 dwelling unit s i n the mixed use development; the plan s have been revi sed, however, and the latest figure is 48 dwelling units int is oro- posal. Ms. King cited figures required to meet the minimum off-street pa rking for the proposed mixed-use development, and noted that th develop- ment wil l be deficient 28 off-st r eet parking spaces. How ever , t he applicant do es propose a joint use of parking a r eas provided for th e re sid nt ial and office areas, and i t is the opinion of the staff th a t th is is a feasible solut ion to the parking s pace deficiency. Mr. Gilchr is t asked what affect approval of thi s p rop osal would hav on th e Master Street Plan if the one-way couplet were app roved in the future? Ms. King s tated that if the couplet were approved, more land would be opened for development; it would not change the off-street parking requ i r - ment s , however. Mr. Gilchrist asked if the couplet would r equire condemna- t ion of land. Ms . King s tated that she wa s not aware that it would require condemnation, but that s he really could not answer that qu s tion. Mrs. Romans reiterated her earlier statement that i t wa s hoped the one-way traffic could be handled within the existing 60 foot r igh t-of-way. Mrs. Romans pointed out that the couplet ha s not been designed at this point In t i me . Mrs. Roman s pointed out that the Ci t y has r ecommend ed the on -way coupl e t be implem nt e d for the last several yea r s ; i t ha s n ot ye t been fund d by th e State Highway Department. Mrs . Becker noted that the s taff repor t indicates 102 off-street parking spaces are shown ; sh stated that th e plans befor her indica t e only 70 spaces. Ms . King point d out that 32 spaces a r e s hown in a lot to th sou th of W st Ithaca Avenue. Discussion ensue d. Ms. King pointed out that th r sid ntial unit ar all one-b droom, with a minimum of 750 sq. ft. floor area, which dos meet th minimum floor ar a requirem nt s of th Compr h n Iv Zoning Ordinance. r. d th applicant if he would llk to addr . the Commt ion. Mr . T. W. And r on tat d th the hash d thi r pr r w s built in 1972, for th ind r of t • I • • • • • - -3- at least one-half o f the proposed re sidential unit s . Mr. And e r son stated that they plan to proceed with construct ion a s soon as they ga in the ap- proval of the City. Ms. Becker discussed her concerns on the deficiency of provided off-street parking; s he pointed out that while the parking for the office use will only be us ed from 8 A.M. to 5 P.M., if Exxon employees do actually take a large sha r e of the residential units, s he felt there might be problems becau se they would be in walking distance of their place of employment and would want to leave the i r vehicles at home. Mr. Anderson stated that he felt people who would be living in these unit s would drive their cars to work . Mr. Anderson further pointed out that it is his feeling that the parking ratio for office buildings is high in Englewood, the ratio being one (1) space for each 300 sq. ft. of rentable floor area; he noted that this ratio was i n effect when the Hampden Center was constructed, and they now find that approximately 30% of the parking spaces are vacant on a day-to-day basis. He stated that he felt a ratio of 1:500 sq. ft. was more realistic, and that this would still give ample parking. Mr. Stoel asked if the parking lot across the street was proposed to be landscaped ? Mr. Anderson stated that he feel s they will have to put in some landscaping, even though it is not sho1J11 on the Plan. Mr. McBrayer asked if Mr. Anderson was saying that roughly the same per- centage of landscaping wou l d be ins tal led in the lot to the south of West Ithaca Avenue as would be installed on the primary s ite ? Mr. McBrayer asked if Mr. Anderson had any problem installing some s hrubbery or trees as opposed to just grass. Mr . Anderson stated that he could have a problem depending on who determines the amount of landscaping and type of landscaping that would be required. Mr. Bob Sinkeldan, associate of Mr. T. W. Anderson, s tated that one problem that could arise with the landscaping could be if a sprinkling system wer requ i red. H t a ted that i t would be the i r i ntention to avo i d high-main- tenance plantings, particularly on th parking lot to the south of We s t Ithaca Avenu . H s tat d that a sprinkling sy tem would be i n s tall d i n th primary parking lot. Mr. McBrayer asked how they would propose to main- tain the l and scaping in the south lot? Mr. Anderson s tated that they would hav a caretaker, and would mak that a ource of water is available on th si t. Di cu sion n ued. All n tated that he flt there was with prinkling that if they are not et proper ly, into th tr t s nd do rv th for wh ich H f lt that in many Jn . nd Mr. All n tat d th h 1 b wh t " y" h pp n on I l haca d th t d v lop nt cannot b cau in th futur wi h d to apok ln unit? Mr. And r on t, nd th th ae n w raid ntial p kin favor of th propo al? v r of th propoaal. • I • ......... • • - -4- Mr. Tanguma asked if the Co mmission had t o approve the par king lot across the st r eet south of West Ithaca Ave nue. Mrs. Romans stated that only lots with more than 50 spaces are subject t o con side r ation by the Co mm iqsion. Mr. McB ra yer stated that inasmu ch as i t is being used in con j un ction with the basic use ac r oss Ithaca Ave nue t o the north, he felt it is being con- sidered by the Co mmis sion at this time. Mr. McBrayer asked if anyone wanted t o s peak i n opposition ? ~o opposi tion by any member of the audience wa s expressed . Mrs. B cker sta ted that she would be r eluctant to a c t on this request un- t il determination i made on the type of land scaping that will be i nstalled, and what will b installed in addition to gra ss . Mrs . Beck r again ex- pressed her concern over the insufficiency of off-street parkin g. She stated if th downtown area of En glewood is redeveloped and u ses are pe r- mitted that do not provide sufficient off-s treet pa rk ing , she felt that the City was asking for problems. Mr. Allen stated that an analysis on problems with th e housing indu s try indicates that one of the problems is restri c tions placed by governme ntal agencies. He pointed out that the cost of ground and size of units must be taken into considerat ion i n the cos t of housing and r ental unit s that p ople can afford. Mr. McBrayer stated that Mr. Anderson ha s gone on record as saying that the parking lot to the south across West Ithaca Avenue would b landscaped with a simila r percentage as provided on the large r lo t on the north sid of Ithaca, and that maint nan ce of the land scapin g would b taken ca r of. He s tated that he would not have any problem considering a decision on thi s matter at this meeting. Mr. Gilchrist stated that he appreciated Mrs. Be cker 's concern, and would also like to quppo rt Mr. McBrayer's point of view. H sta ted that Mr. Anderson has don ome developments in Englewood , a nd feels he will do a good job on this latest d velopment. Mr. Tanguma ask d to the south of stre t parking p rchit ct for th would b b tw mt r of th nd that lot to mep C rRon mov d: Tanguma ~ nd d: if landscaping were to be provided in the parking lot nu , would this affect the number of off- lot could contain? Mr. P ul Maybury, tated that th 1 ndscaping property lin round th p ri- .it has two street front g property line could b and plant din this Th Off-tr t Parking Pl n ubmltt d by Ith c Inv t- nt Comp ny b approv d by th Pl nnin nd Zonin Com- m! Ion with th Collow!n conditions: 1. L nd capln hall b provld d and maintain d. I • • - C • • • • -s - 2. A recorded e a sement for ut i lity s ervice s h all be prov i ded a s requ i red by the Ut i l i ties De partment. 3 . Al l broken or cracked curb, gutte r, and sid ewa l k s ad j acent to the property must be re place d p r i or to is sui ng the Certificate of Occupancy . 4. All old curb cut s shal l be c losed and new c urb c ut s shall follow City standards . S. Longer turning radii for emerge n cy veh icle access shall be required at po i nt s o f i ngre s s and egress . 6. For better ingress and e gre ss t o the mi xed use de - velopment, a SO-foot separat i on between the i nter- s ection at West Ithac a Avenue and South Inca Stree t and at West Ithaca Avenue and South J ason Street and the two propo s ed curb cuts to the s outh shou l d b e maintained. 7 . An agreement signed b y the owner of the land to be used for off-s i te parking s hould be s ubmitted comm i tt i ng that land to this u s e . Th is agreement s hould be re- co rde d in the office of the Arapahoe County Clerk and Recorder. If, f or an y reason, the land cannot be u s ed for this purpos e i n the future, e quivalent off-stree t parking must be prov i d e d withi n 400 fe et of the prope rty on which the pr i n cipal use is loc ated. Mr s . Be c ke r s tat e d that she f e l t the Comm ission is i n error t o approve this parki ng lot lay out wi t ho ut the a pp ropriat number of off-s treet parking space s be i ng provi ded. She s tated that s he s trongly felt a de fi cienc y o f 28 s paces is t oo man y t o be deficien t . Mr . Mc Brayer s tated tha t he felt th is def iciency c an be compensat e d by the joint u s e whi ch is pe rm i tted by the Co mpreh e nsive Zonin g Or d i nance. The vo t e was called: AYES: Tanguma, Allen, Cars on, Gilc hr is t , Stoel, McBrayer NAYS: Beck r ABSENT: Barbr , S nt i The motion c arried. V. PROMOTE ENGLEWOOD BROCHURE. Mr. McBray r r v i ew d c on s id ration of th Englewood Brochur that was di cuss d at th las t r gular m ting of Sept mb r 21st and at t h spec ial m tin on S pt mb r 28 th. Mr. McBray r stat d t hat it was the con a nus tha t h and Hr. Tanguma would app ar b fore the City Council to discus what th Commi 11 1on ha con1id rd in r gard to t h brochur e. Mr. McBra er tate d that h und r a tood H. l n Russ 11 had indicated h did not w t t o do furth r wor on thl a broc hure unlea s h was aaaur d of pa t, that h h a alre ad y put in 25 h ur on thi proj ct, and pre- f rr d no t o d o n ythi n& IIOr on hr • Hr. HcBray r s tat d that h did no t f 1 t h C01111 i1 ion nd/o r s taff c an c o .. it to anything at this • I • • • • - -6- point in time, that this must be a determination of the City Councll. H stated that he and Mr. Tanguma would attend the October 18th City Council study session to discuss this matter. Mr. McBrayer sta t ed that he had spoken to seve ra l businessmen in the community; they had indicated that while they did not feel there would be a direct benefit to their business as a res ult of the brochure, they indicated that they would consider contributlng to the campaign. Mr. Allen asked the scope of distribution of the brochure? Mr . McBrayer stated that discussion had centered on businesses and people who might try to encourage people to come to Englewood, such as the Chamber of Commerce , realtors, etc . He sta ted that one of the banks he had contacted indicated they would consider i ncluding a brochure like this i n their packets the y distribute in response to inquiries. Mr. McBrayer stated that there would not be an actual mailing list, but would be sent on reque st. Mr. Allen asked if this wa s being done because of the downtown redevelopment, and were they going to contribute to the project ? He asked about the pro- jected budget? Mr. McBrayer stated that Ms. Russell had prepared a rough estimate on her proposal, which was $20,00o+. Mr. Gilchrist asked if this was just for the initial printing, or did it include cost for up-dating ? It was pointed out that the brochure itself was proposed to b pretty "generic", and that the up-dated information could be inserted into the pocket proposed for the back cover. Mr. McBrayer stated that he and Mr. Tanguma would make a great effort to convince the City Council of the need for such a brochure. Mr. Tanguma asked Mr. Gilchrist and Mr. Allen if th had anv qugge . tlonq to add? Mr. Gilchrist asked if firms who may contribut to th publication of the brochure would be listed within th brochur? Mr. McBrav r indicat d that it was the intent that the brochure not be co rcializ din thi re- gard. Mr. Gilchrist asked if the banks and oth r contributors would b allowed to include adv rtising in whatever packets they wi h d to In rt in the pocket of th brochure? Mr. McBrayer stated that thi s would b permissible. VI . LANDSCAPING ORDINANCE CASE_.] -J_ Mr. Ordinanc di - cu 0 v th • t C ping t which City-own d prop r v I • • • • - -7- are broken green bottles; Mr. Gilchrist stated that he feels it is the "height of hypocrisy" for the Ci t y to institute a landscaping ordinance requiring other establishments to install and maintain landscaping in light of the condition of this lot and other City-owned sites. Mr. Gil- christ stated that he felt the City s hould clean up its own yard before going to the citizens with more regulations and restrictions. Mr. McBrayer asked if there were any further comments? He s tated that he would like to have something to get to staff in time to get it typed and ready for discussion on October 14th. Mr. Stoel asked whether members felt the creation of a City Landscaping and Fine Arts Fund was a good idea? He stated that he personally does favor such a fund. He stated that he could not think of a more equitable way to treat property owners who do provide landscaping and those who do not provide it. He stated that the matter of pro-ration of the contribution had been discussed based on whether or not a minimal amount of landscaping could be provided; he asked how this could be written. Mr. Tanguma stated that if it is proposed to "force people to do something", we should allow them to install a planter on the public sidewalk in front of their business and determine that this would be sufficient without a contribution to the Fine Arts Fund. Discussion ensued. Mr. Stoel questioned whether it is equitable to expect someone constructing a new building to provide more landscaping than someone who is only remodeling would have to provide. Mr. Stoel asked how individuals who are not willing to do land- scaping or contribute to the fund voluntarily should b handled? Mr. Tanguma s tated that th Ci t y hould "buy him out and do what you want." Mr. Gilchrist stated that" ou ar taking his property; pay him for it." Discussion ensued. Mr. Sto 1 tated that h felt w needed someth ing to discuss with the busi- n ssmen at th meeting on October 14th. Mr. Gilchrist cited the downtown area on South Broadway, wh re th re is no setback; he stated that it was obvious wh n thos building w re constructed there was no required setback, but und r th propo d provisions he felt these property owners would be penalized by thi Commi sion, and the City would b putting impediment s on the al of th property by thos individuals. Discussion ensu d. Mr. McBray r s ugg s td that Mr. Sto 1 prepare a draft for the staff to hould b of Octob r 14th, and that th pro-ration factor C mmunity B nk is const ru ctin an w building h propo d land caping ordinanc with s; th hav indicat d that thy propo to of th ir prop rty, which would b don voluntarily. VII. COMPREHENSIVE ZONlNG ORD! ANC CAS 122-82 Propo d nt aornin nd nt • I • • • • • - -8- until 12 Noon or 1:00 P.M. The dates of November 13th or November 20th were s uggested as a possibility. Mr. McBrayer asked that members of th e Commission determine whether they could attend a work session on ei ther of these two dates, and be ready to report back at the next regular meeting of October 19th . Mr. McBrayer discussed the requirements proposed and in existence for a detached garage ve r sus an a tt ached garage. He questioned the rationale of the required setbacks. Discussion ensued. Mrs . Romans stated that if the Commission has con cern s regarding setbacks, now is the time to consid r them during the revision of th e Zoning Ordinance. She stated that she per- sonally felt that the most usable open space should be in the rear yard, and that perhaps consideration should be given to the reduction of front and/or rear setbacks. She noted that fire protection would require there be setbacks between structures. Mr. Allen discussed some of the provisions for lot area in the R-1-B Zone District which require the purchase of three 25-foot lots to meet the minimum 60-foot frontage requirements, even though the total three lots are not needed. Discussion ensued. Mrs. Romans pointed out that there are not many vacant lots in the R-1-B Zon Di trict, which require s 7,200 square feet for minimum lot area; sh noted that this area which is zon d R-1-B was ubdivided with 60 foot frontag on the majority of the lots. Mrs. Romans pointed ou t that the propo d revisions to the Zoning Ordinance do contain a provision that would all w construc tion in the R-1-B Zon Dis- trict on a 50 foot lot if ther w r no adjoining land availabl . Vacant lots in Engl wood~ r di~cu d. Mr. McBray r s tated that he had viewed a map in th Pl nnln Office which indicat d th vacant lots through- out the City. H ted that other memb rs might want to view this map, also. He asked if taff could r call how many building sites there would be available? in .tat d that as sh r called, 6% of th total land area was avail ble ford v lopment ; she emphasized that this includ-d vacant land in th indu~trlal and bu ins districts as well as vacant land in th re sidenti al ar a . Mrs. Roma n s sta ted that as s he recall d, there would b less than 100 resid nti l lot available for developm nt. r. M thi• I . MU, r not d th t no on w n of th A nd . Home pr nt to addr section of th R-1-A ctlon by the D partment H a ked what th De- th Commi Lon und r fonul 1 nn unc d th birth of Gre ory Dani l Iturr rla, ho • I • • - • • • • • -9- became an Englewood citizen on September 27, 1982. Proud parents are Mr. and Mrs. Julio Iturreria (Susan Powers). Mrs. Romans stated that the State Highway Work Program for 83/84 was con- sidered by the City Council at their meeting of October 4, 1982. City Council removed from the request the Oxford/Santa Fe Drive interchange and the improvement of South Clarkson from U.S . 285 south to Orchard Avenue. These amendme nts will be made before the request is submitted to the Arapahoe County Connnissioners . Mrs. Romans discussed a new procedure that has been instituted in the Planning Division, which is being called the "buddy system"; the initial person contacted by the developer, or the staff person whose skills most closely approximate the need of a particular developer is assigned to work with that developer from first contact to completion of the project. Mrs. Romans stated that it is felt this will be a very workable innovation. Mr. McBrayer suggested that perhaps some similar system should be instituted in the Building Division. Discussion ensued. Mrs. Romans discussed the reorganization of the Building and Planning Divisions of the Department of Connnunity Development. X. COMMISSIONER'S CHOICE. Mr. Allen stated that in regard to problems with obtaining building permits, it had taken him two months in Denver to get a permit for remodeling a structure. Re added that he had not had that delay in Englewood. The meeting adjourned at 8:35 P.M. Certrude G. Welty" Recording Sec retary • I • • n • • - URBAN RENEWAL AUTHORITY October 6, 1982 5:30 P. M. 5 C I. CALL TO ORDER. The regular meeting of the Englewood Urban Renewal Authority wijs called to order by Chairman Bob Powell at 5:30 P. M. Members presen t: Cole, Dickinson, Fitzpatrick, McClung, Minnick, Powell, Voth Hinson, Acting Executive Director Members absent: Alternate Member Novicky Also present: Assistant City Manager Vargas Acting Director of Conununity Development Romans Special Counsel Paul Benedetti entered during the early course of the meeting. II. APPROVAL OF MINUTES. Chairman Powell stated that the Minutes of the meeting of September 1 , 1982, were to be considered for approval. Minnick moved: Fitzpatrick seconded: Th Minutes of September 1, 1982, be approved as written. The motion carried. III. BILLS AND COMMUNICATIONS. Mr. Hinson tated that whil not all bills from adv rti sing for Proposals from Developers hav b en received, it is v ry appar nt that th amount budgeted for adverti ing wa insufficient. Mr. Hinson cited om of the billings that hav b celved from th D nv r Pot, Wall Str et ournal, nd Rocky ount in 1 av Hr. tnvolv d in stat d that of th th Tax r. Hin n t t d urt, r ardln th nt, h d pok n with t o th Downt • con ult n for Mr. Burt, nd and nt Plan on prop rti a I • • • • • -2- owned by Mr . Burt. He sta ted that the de sign o f the redevelopment improve- ments are not to the point to determine just what amount of property might be required. Mr. McClung uggested that possibly a letter s hou ld be written to Mr. Arkin s tat ing that the actual realignment of s treet s is still some time in the future, but that perhaps h and his clients should keep their eyes open for another location. Mr . Benedetti entered the meeting. Mr. Hi nson s tated that he under s tood Mr . Benedetti has another meeting he must attend this even i ng, and s uggested that perhaps the o rd er of the agenda could be amended t o discuss the Tri-Party Agreem nt at thi s time. Fitzpatrick moved: Minnick seconded : The order of the agenda be c hanged, and th Agreement be con sidered at this time. Tri-Party The motion was approved. IV. TRI-PARTY AGREEMENT. Mr. Benedetti discussed the draft of the Tri-Party Agreement that ls before the Authority. He s tated that thi s is a redraft o f a proposed agreem nc that had b en wr i tten by Mr. Harkne ss , lega l coun s el to the EDDA , and that he has tried to incorporate some of th provi sions Mr. Harlen ss had sug- gested in addition to p rovi sion s that w re s uggest d by Ms. Pow r s and City Attorney DeWitt . Mr. Benedetti s tated that the agreem nt I in t e nd ed to be imple i n con c ept; ther would have t o b more detailed agreem nt between the Ci t y and Urban Renewal Authority wh n it comes t o s u ch matters as issuance of bonds, personnel matter , etc., and there are many de t ails of the operat ion that will take mor d tail d agr ements as we proce d. Mr. Benedett i sta ted that he understood th urge n c for a Tri-Partv Agr ment has abated since th approval of the Ur ban Renewal Plan. Mr. B nedetti reviewed meeting h had attended, and wh ich wa s also attended by Mr. Brady Mr. Jo c , Bond Co un sel , and oth r s . Mr. Bened tti revi w d th content of th Tr i-Pa rty Ag r e ment that he has draft ed . H empha iz d that thi ls a dr ft, and co nt nd ugg tion . w r w lcom. Mr. llln nd h d n tat d d a 11 t o nt • nt In ) I • • • • • -3- the packet of information sent to the member s of the Authority . A copy of this list had als o been sent to Mr. Benedetti prior to this meet ing . Discussion ensued . Mr. Vargas suggested that perhaps the points ci ted by the staff should be addressed in order, and determination reached on these points. Section 1: staff comment s were approved. Section 1.3 of the Tri-party Con t ract and of the staff conunents wa s con- sider ed ; Mr. McClung stated tha t he felt public improvements subject to Urban Renewal Authorit y review should b very c learl y defined. Mr. Ben ede tt i stated that he felt it was i mp ortant for the Ur ban Renewal Autho r ity t o "re- view" the public improvements. He s tat ed that in this con t e xt, he fel t "public i mprovement" could be det e rmined to be any i mpr ov e ment that is i nstal led and used by the public. Mr. Dickinson s tated that he felt it wa s proper ~o be "general" on this matter. Mr. Benedetti again reviewed d iscus sion that ha d occurred at the meeting with Mr. Brady , Mr. Joyce, Mr. Brady's financial coun sel and others, at which time the po ssibility of a developer const ruc t i ng the road s and stree t s under thei r individual financing with later dedication to the City wa s con- sidered. Section 1.4 was con side r ed; staff s uggestions were approved. Sections 1.10 and 1.11 were approved for removal from th is sec t ion of the c ontract. Section 1.14 was con sid ered. It was no ted that thi . is a new ction sug- gested by th s taff. Jt was sugg seed that this be left as a point of negot iation . S ction 2 .1 wa s consider d; s taff s uggestions wer app r oved. Section 2.3 was considered; this ection was reworded to state: "Co ntrac t ing with the City OR OTHERS for d sign •.... " S ction 2 .4 w con ider d; th addition of AS PER AGREEME.T at th th . nt nc wa s approv d. nd of S ction 2 .6 wa approv d wlth taff sugg .tion , ln much a th Urb n Rn wal Authority nd taff hav alr ady solicit d propo al from d v loper S ction 2 .7 w quir d for r d S ction 2. n ds o be don a aft r con .17 w uld a tor loc tin b tin 2 .1 t ff. r . Of r r word d to u nt to th nd d termin tlon wa ugg std th t th by th City nd th f.OOA. nt mad aatt Urban • ition of prop rty re- th t thh ction r o mtn nt domain R n w l Authorl v th ta! , and would tl n prop d by th th pr po d ctl n. 0 I • • • • - -4- Section 2 .19 wa s al so con sider e d; this, also, is a new section proposed by the staff . Discussion ensued. Mr . Vargas suggested that a gene ral s tatement pertaining t o professional consultants might be added in §2.18. Mr . McClung s tated that he felt the Au thor ity s hould be free to contract fo r any e xpertise that was ne c es sa r y. Further discus ion e ns ued. Cole moved: McCl ung seconded : A general statement be inserted pertaining to the con- trac ting for professional services by the Authority. The motion carried; Mr. Dickinson voted in opposition. Section 2.19 as suggested by the s taff wa s approved. Section 3 .3 was then considered. Fitzpat r ick moved: Vo th second ed: That reference to the Urban Renewal Authority be st r icken from Section 3.3 The motion carried, with Mr. Dickinson voting in opposition. Section 3.6 was considered; it was the staff s ugge s tion that this section be removed. Mr. Dickinson s tated that he felt thi s sec t ion s hould rema i n in the Tri-Party Agreement, i nas much as this apparently was one of the items which c aused concern t o the EDDA Board prev iously. It was the consensus that this section hould be left i n. Section 3.7 wa s discussed. It wa s s ugge sted that it be reworded to state: "Comment on AND SUPPORT THE Downtown District Zone as prepared by the City ." §3.8 was considered, and deleted. Section 3 .9 was then con sidered. Mr. Vargas discussed his interpreta tion of this sec t ion , indicatlng that the City Manager should determine partipation on th Negotiation Team . Mr. Dickinson strongly objected to this suggestion; he sugges t ed that he could support Ci t y Council determination, but i n n o way would he suppor t the City Admini s tration making such a determination. Mr. Minnick stated that he would have to agree with Mr. Dickinson on this matter. Discu sion ensued. Mr. Vargas point d out that anything n gotiated by this team would be sub- ject to th approval of th Urb n Rn wal Authority and City Council. Furth r di cu sion follow d. Mr. Varga stat d that spelling out in thi Agre- rticip t on th n gotfating te m liminat ny flexibility H r it rt d his und rstanding that the memb rs of th cho n by the City Mang r, and th t any agre - th Authority and Council. Mr. Fitzpatrick s tat d b p rticip nt on th Managem nt and D ign R - nsu d. It wa d t rmln d that thi section "Particlp tion nd D lgn R - vi w t r of th clau Agre know, Bo rd. 8 • the Urban R new 1 •u - I • • • • • • -5- Mr. Hi ns on a s ked member s o f the Autho r i t y if Mr. Be nede t ti re draf t e d this Agre ement, as amended this eveni ng, wou l d it meet the app r oval of t he Au t ho r i t y . Mr. Di ckinson and Mr. McC lun g i nd icated that they want e d t o view t he re- drafted Agreement. Mr. Voth s ugge s ted that perhaps thi s ne xt draft could be sent to the Urban Renewal Authorit y member s , and a t elephone poll con- ducted rather than having a s pe c i al me e ting if i t i s not needed . Mr . Benedetti stated that he did not feel i t would take him too long to get this draft rewritten to incorporate the amendment s made thi s eve n i n g; h stated that it is his impression that the EDDA does want to be on th negotiating team. Discus sion ensued. Mr. Fitzpatrick sugges ted th a t either Mr . Hinson or Mr s . Romans should make the presentat i on on t his t o the EDDA . Mrs. Roman s ind i cated that Mr. Hinson should have t hat r spon sl-bility . Mr. Hi nson s tated that when the dra f t of the Tr i -Part y Agreement is re t u rned to our office from Mr. Benedett i , i t will be s ent t o the Ur b an Re new a l Authority; he cautioned that i t ma y be nece s sary t o c al l a special meeting of the Authority if there are a number of problems with the re-draft. I f, however, it appears that the c oncerns and fears of the Urban Ren ew al Autho r i t y member s have been taken care of i n the r e draft i ng o f the agr e ement, the document will be forwarded to Mr. Hav i land. Mr. Benedett i pre s ented Mr. Hi n s on wi th a dra f t of an agreement for a pp r aiser se rvices. Mr. Ben e dett i d is cus sed the re c ent a c t J on l n Aur o ra r e gard i n g Tax Incremen t Finan cing, and c hange s in Urban Re n e wal l aw r esul t i n g f r om th is case. He s tat e d that he under s tood there are several Ur ban Re ne wa l Autho r i t ies that a r e very c on c erned abo ut th is matter . Hr. Hin son i nd ica t ed t hat he had talk d t o Mr. Bob Cameron of th Denve r Ur ba n Re ne wal Au tho r i t y ear lier in t he day r egard i ng th is matter. Hr. Be ne det t i e x cused h i mself f rom them eting . III . BILLS AND CO MMUN I CATIONS. (Co n tinu d) Mr. Hinson presented a communic tion fro EDDA regarding am eting that has b en ch dul d for the following w k. V. REPORT OF THE SECRETARY. A. "Ir. Hin on w • c:o co po • I • • • • • -6- As sis tant City Manager Vargas, EDDA Director Hav iland, Steve Bell of Hanifen-Imhoff, and him sel f would r e v iew the pr oposals s ubmitted; this review would center on evaluation of the s ubm i tta ls, and the to p candi- dates would be selected. Mr. Hinson s tated that he estimated the presenta- tion should be in the first week of December, and would be made before the City Council, Urban Renewal Authority, the EDDA board, and s ta ff of those bodies. Discussion ensued. Mr. Hin s on di scus sed the po ssibili t y of selec ting more than one developer, and the nee d for gen e ration of s uf- ficient tax dollars necessary to fund the Little Dry Creek improvements. Mr. Hinson discussed the Appraiser Selection Process, and reviewed a memo- randum outlining the steps taken in the review and s election of an ap- praiser. Letters inviting participation were s ent co six firms; five of those six firms responded. Mr. Hinson stated that th is would be discus sed more fully under Committee Reports on the Agenda. The Design Guidelines contract recently signed by the City and Design Workshop, Inc. was discussed. This contract pertains only to the area along South Broadway from Eastman Avenue to U.S. 285. Mr. Hinson stated that the staff is working on a CDBG application, and referred members of the Authority to the pertinent sec tion of the Monthly Status Report. VI. REPORTS OF COMMITTEES. Mr. Bob Voth and Mr s . Ruth Cole, member s of the Urban Renewal Authority who se rved on the Appra ise r Selection committe , r ported on the actions of that committee . Mr. Voth s tated chat he felt th appraiser rec ommend d by thi s committee would b the mo s t advantageous for the purposes of the Urban Re- newal Authority. Mr s , Cole report d that of the five applicant s , the final selec t ion wa s narrowed down to three very good applicants, with e xcellent qualifi c ations . Mrs. Cole s tated that the Tr igg Appraisal Company seemed to personally satisfy the member s of the committee better, a nd it was felt that this c ompan y would work w 11 with the property owners who se pr ope rties thy would b apprising. She s t ted that the Trigg Appraisal Compa ny ha s had lot of exp rienc in th Urb n Renewal proj ts, and th ir references were xc llent. Mr. Vo th tat d that the f es propos d by th thr e fi r ms int rvicw d w r v ry clo wh n c lcul t don th b i of commo n a~~umption d th t C I Minnick mov d: McClung cond d: R olu ion #3, Sri• of 1 by Mr. Witt. 2 , b approv d, of with t th t of th pro- • a nd d AY!.S: P 11, Voth , Col , Dickln n, Fl zpatrlck, McClun , tnnick AY on 11<>t ion carrl d. • I • • • • • • -7- Mr. Hinson briefly reviewed a projected timetable for having the contract negotiated and the appraisals done. VII . NEW BUSINESS. Mr. Dickinson s tated that he wanted to voice his opposition on the selection of the members to serve on the appraiser committee. He felt the way thi s was done was "tacky". Mr. Dickinson assured members that he had no problems with the individual s who were chosen to sit on the appraiser selection com- mittee, but he does have seriou s reservations regarding the method by which they were chosen. He pointed out that this apparently occurred after h had left the last regular meeting of September 1st. Members reviewed the minutes of the previous meeting pertaining to selection of member s to s rve on the appraiser selection committee. It was pointed out that the staff had asked for an i nd ication from members as to who would be available to serve on such a committee; Mr . Minnick recalled that he had indicated he would not have t ime to serve on such a committee. Mr. Fitzpatrick stated that he asked that he, as a Councilman, not be considered for appointment to the committ ee. A telephone poll was to be conducted to determine the availability of members to serve on the committee. Mr. Dickinson stated that he was never contacted by telephone to determine whether he was in- terested, or whether he had the time to serve . Discussion ensued. Mr. Powell s tated that h was contacted by the staff, and that he had made the appointment to the committe ; h assumed that as Chairman , he had th authority to do so. Mr. Hinson stat d that in a quick review of th By- laws, it does not app ar there l anything to prohibit appointment of members to sub-committ e by th Chairman. Mr. Hinson stated that lt ls the recollection of the staff that attempt wer mad to contact Mr. Dickinson by telephon , but that the lin was continually busy. Mr. Dickinson ask d for a writt n opinion from th City Attorney on wh ther th method followed in appointing the memb r s to th appra i ser s lection Rub-committ e was, in fact, 1 gal, and who ha s uthority t o mak uch appointments. n ,, aot 1 n 111(,V d : ond d: rr l d • has b y- of th xpre !I d ur with l ctlon up wlth r com - d In appoint nt tt r l t o b I • • • • • -8- Mr. Minnick asked if the City was giving thought to "beefing up" engineer ing and inspection staffs when the redevelopment projec t really gets underwa y . Mr. Vargas discussed the means by which the City c an engage consultants for a particular project; thi s would not add to the full-time employment force of the City. He suggested that we should wait until the negotiation process is completed before anticipating additional staffing. Discussion ensued. Mr. Powell bri efly discussed redevelopment efforts i n his home town. Minn ick moved: Cole seconded: Th e meet i ng be adjourned. Them eting was declared adjourned at 7:55 P.M. ? • I • • I. CALL TO ORDER. • • • UR13AN RENE WAL AUTHORITY SPECIAL MEF.TING October 20, 1982 5 C The Special Meeting of the Englewood Urban Renewal Authority was called to order at 5 :30 P.M. by Chairman Robert G. Powell. Members present : Cole, Dickinson, Fitzpatrick, Minnick, Powell Novicky, Alternate Member Wm. Richard Hinson, Acting Executive · Director Members absent: Mcclung, Voth Also present: Peter Vargas, Assistant City Manager D. A. Romans, Acting Director of Community Development. II. NEGOTIATOR SELECTION CO~IT'l'EE. Mr. Hinson stated that there is a need to expedite the process of selecting a negotiator to work with the property owners and appraisers in the acquisition of property. ~e noted that several members of staff have been discussing matters with the property owners in the downtown area, and while the initial intent had been that a negotiator would not be engaged until the first of 1983, it has oeen determined at this point that there is a need for these services now. ~r. Hinson reviewed a memorandum re- garding Negotiator Selection Process, which process is basically the same as that followed in determining selection of an Ap- praisal Firm. Mr . Hinson stated that there is a need for members of the Urban Renewal Authority to be designated to serve on this committee; other members will be City Attorney DeWitt, Assistant City Manager Vargas, Office Engineer Rick K&hm, and Mr. Hinson. Mr. Powell asked if there were volunteers to serve on this r,om- mittee? Mr. Dickinson and Mrs. Cole both volunteered their ser- vice . Mr . Powell tated that he could not speak for Mr . Voth, but it was his und rstanding that Mr . Voth would also be desirous of serving on the Negotiator Selection Committee . Mr. Powell stated that general consideration had been given to having rnemb rs who had served on the Appraiser Selection Committee also serve on the ?legotiator Selection Committee to give con- tinuity to the process. Mr . Vargas stated that he did not feel that three members of the Urban ~enewal Authority serving on the Negotiator Selection Committe would b out of place. Mr. Powell stated that he had no problem with thre m mb rs serving on the committee . • I • • • • • -2- Fitzpatrick moved: Minnick seconded : Nominations to the ~!ego iator Selection Connnittee be closed . AYFS : Dickinson, Fitzpatrick , Minnick, Powell, Cole NAYS : None ABSENT : McClung, Voth The motion carried. ~innick moved : Fitzpatrick seconded: The Urban ~enewal Au hority appoint Mrs . Ruh Cole , Mr . Bo Voth, and Mr . Larry Dickinson to serve on the legotiator Selection Committee . AYES : Fitzpatrick, ~innick, Powell, Cole, Dickinson NAYS: None ABSENT : McClung, Voth The motion carried . III. EXPEDITI~G CONTRACT WITH TRIGG APPRAISAL CO~PANY . Mr. Hinson discussen the need for expediting the contract for appraisal services with the Trigg Appraisal Company . Mr. Hinson noted that the approval that is requested at this time is no for the total appraisal services, but for appraisal of two prop- erties that have been determined to be needed in the Lit le Dry Creek Flood Control project. Mr. McClung entered the meeting at 5:40 P . M. Mr. Hinson further discussed the two properties that need to be appraised as soon as possible, citing cost factors and possible ramifications if the appraisal and acquisition of these two properties is not xpedited. Fitzpatrick mov d : Mcclung second d : Th lrb n Rn w 1 Au hority authorize an xpenditur of $1,g50 for Trigg Anprais 1 Comp nv to appr is prop rties a 1601 South Logan Street and 37 7 South Clarkson Street . Furth r discussion ensu d. Mr Dickinson st ted hav to vot in opposition to th motion b caus e 1 ap-h d for expedi • I • ....... • • - -3- Mr . Dickinson questioned why the City Council could not authorize the appraisal of these properties and fund the appraisal? Mr . Fitzpatrick stated that it is the opinion of the r.ity Council that the Urban Renewal Authority should be the entity to acquire the properties in the redevelopment area . Mr. Voth entered the meeting at 5:50 P. M. Mr. Fitzpatrick further discussed the determination of the City Council that acquisition of properties should be the responsi- bility of the Urban Renewal Authority. Further discussion ensued . Mr. Hinson stated that by requesting an appraisal of these prop- erties, we are only asking for an establishment of value. ~r. Powell stated that it appeared that these appraisals would be done anyway; the request is that the appraiser be authorized to do the work prior to the contract being approved for the re- mainder of the project. The vote was called : AYES: McClung, Minnick, Powell, Voth, Cole, Dickinson, Fitzpatrick NAYS: None ABSENT: None The motion carried. IV. TRANSFER OF FUNDS FOR ACQUISITION OF PROPERTY. It was noted that inasmuch as the full membership of the Renewal Authority was now present, a matter which needed discussed could be brought up and added to the agenda of special meeting. Fitzpatrick moved: Urban to be the Minnick seconded: The Urban Renewal Authority go into Executive Session . AYES : Minnick, Powell, Voth , Col , Dick i n 1on, Fitzpatrick, cClung NAYS : None ABSENT : one The motion carried. Dickinson mov d : Fitzpatrick second d : The Urban Rn wal Authority com out of Ex cutiv S 11ion. AYES : Pow 11, Vo h, Col, Dickinson, Fi zpatrick, McClung, Minnick NAYS : Non ABSENT : Non Th ion carried. • I • • -• • • -4- Mr. Vargas suggested that the procedure would be for the Urban Renewal Authority to request the City Council to transfer $67,000 from the P.I .F . to the Urban Renewal Authority for land acquisition. Mr . Powell stated that this action will have to be done by Resolution. Dickinson moved : Minnick seconded : The Urban Renewal Authority approve a Resolution requesting the City Council to transfer $67,000 from the P.I .F. to the Urban Renewal Authority for land acquisition. AYES : Voth, Cole, Dickinson, Fitzpatrick , McClung, Minnick, Powell NAYS : None ABSENT : None The motion carried. SEGRE ARY'S NOTE : The above referenced Resolution is ~4, Series of 1982. Mr . Voth suggested that the appraisal of the property and any cri ria supporting the finally determined price should be in- clud din the files of the Urban Renewal Authority as support info ion Further brief discussion followed . in adjourned at 6 :10 P . M. • • I • • n -• • • ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY 3535 So. Sherman -Englewood , CO 80110 5 MINUTES Oc tober 13 , 1982 Board Members Present: Bush, Coleman, Gasson, Holthaus, Kaufman, Mausolf, Maxwell, Owens, Pendle t o n Board Me mbers Absent: Close, Neal Staff Present: M. Haviland Gues ts: Dick Hinson, Dorothy Dalquist, Bob Voth Chairman Gasson called the regular meeting to order at 12:05 PM on October 13, 1982 . Following introductions, the Minutes of th September Regular Meeting w r e presented fo r approval. There was discussion of the suggested change in th minutes as presented by the Executiv Director. Ms . Bush moved, seconded by Ms. Holthaus, to approve the minutes with the following change: CDBG F DS -After r s arching CDBG Comme rcial loan program alt rnativ s with the City Staff, it was conclud d by th EDDA Director that rather than hiring new EDDA taff, it would be much mor cost effectiv to handl th proposed comm rcial loan progr through th expansion of the xisting City CDBG housing loan program staff. The motion was pass dun nimously. Bll.LS FOR PAYMENT -Mr. Pendl ton pr mov d, cond d by M ns, th t lh motion pas dun nlmoualy. TREASURER'S REPORT - 19 2. Ms. Buh ov A qu stion w rala P ndl ton indicat d unanimously. Dia uasion continu don t cons ld ra ion or th Ex th R vi Co mitt Th nt d th bills for paym nt. bills for paym nt b pprov d. • Holthaus Th of Au u 31, r's R port Mr. S l ry incr as a and p n ton and r comm nd d by nary d te is Jul I. Th n l payabl on th Sacht r prop r v .l du in 1985, wi ha alloon • I • • • • • payment of approximately $23,000 due at that time. The 1983 budget will not include approximately $8000 for this payment because of reduced revenues. The note will have to be refinanced at that time. Ms. Bush moved, seconded by Mr. Mausolf, t o approve the refinancing of the Sachter note at that time that it is due. The motion was passed unanimously, WORK PROGRAM -The Executive Director has met with each Board member r egarding his wo rk program. There is a question as to the long range role of EDDA . Ms. Bush moved,seconded by Mr. Mausolf, to approve the revised work program. The motion was made subject to review of EDDA's role in 4 months. The motion passed unanimously. TRI PARTY AGREEMENT -Mr. Pendleton moved, s econded by Ms. Owens, to approv e the Tri Party Agreement , as presented. The motion passed on a vote of 6 to 0 , with one abstent ion f r om Ms. Bush. EDDA EDUCATlO AL PROGRAM PROPOSAL APPROVAL -Hr. Gasson reviewed the questionnair e results of the proposed educational program. He mentioned that the Exe cutive Committee has approved the Management I nst itute for the Executive Director in October, 1982 . NEW BUSINESS: HOLIDAY PARADE -Mr. Hausolf moved, seconded by Ms. Bush, to approve th s ponsorship fee of $500 .00 for the Englewood Parade, 1982. Ms. Bush, Ms. Holthau , and Hr. Coleman agreed to ride inthe par ade in the EDDA car. The IIIOtion passed unani usly . MILL LEVY -Ms. Bush moved, seco nded by Hr. Coleman, to support nd approv a 5 .000 mill levy for the EDDA to City Council fo r 1983. The 1DOtion pass d un nimously. RETIREMENT PROGRAM -Mr. Hausolf moved, seconded by Hs. Bush, to authoriz $2000 for the Executive Director 's retirement program through I01A. Tbl itea was not included in last month's agenda. The motion passed unanimously. PUBLIC HEARING ON CDBG FUNDS -There is a public hearing on October 25, 1982 at 7:30 PM in City Council Chamb rs. Hr. Pendleton volunt red to att nd this m ting. Th Board ne ds to d t rmin its position on the allocation of th CDBG Funds. Mr. Hinson report don th progr ss of th grant application. The maximum that would be availabl would b $850 ,000, and th City wants to continue th housing r - habilitation loan program and add a commercial r habilitation grant pro ram. Th r is am tin on the Little Dry Cr k D sign on October 20, 1982 at 7:00 PH in City Council Chambers. M. Holthaus volunteer d to be the Board repr a ntstiv t th Dry Cr k H tins. ~r. Hinson and Hs. Dalquist r writin an update on the downtown d v lopm nt pro ra11. Th r b in no further busin u, Mr, aaon adjourned th II etin at 1:15 PH. • I • • • - WATER AND SEWER BOARD October 13, 1982 Regular Meeting The meeting was called to order at 5:02 p.m. Stewart Fonda declared a quorum present . 5 Members present: Cook, Best, Haviland, Fitzpatrick, Fullerton, Higday, Otis Members absent: Giseburt, Lay Also present: Stewart Fonda, Director of Utilities 1) ENGLEWOOD DOHNTOWN DEVELOPl1ENT AUTHORITY SLIDE SHOl-1. Mr. Mike Haviland presented a 15 minute slide show on the Englewood c011111unity. 2) CITY OF SHERIDAN SEWER SERVICE REQUEST. The City of Sheridan sent a letter to Mayor Eugene Otis September 16, 1982, inquiring about the feasibility of connecting to the Englewood - Littleton interceptor line. Mayor Otis requested Stewart Fonda to prepare a letter informing Sheridan the standard connector's agreement is still i n the final drafting stages. The City of Sheridan will be notified when the standard connector's agreement is completed. 3 ) OUTSIDE CITY DISTRICT SEWER POLICY. Stewart Fonda briefed the Board regarding a current situation where a citizen is being charged for clearing a sewer line that was backing up in the citizen's house. Discussion followed suggesting Englewood act as a neutral third party whose purpose is not to supply legal services, but to give a knowledgeable opinion on the cause of the back-up. Discussion followed suggesting the Utilities Department could assist the citizen as a witness. Pag 1 of 3 • ) I • • - • Mr. Ful lerton moved; Mr. Fitzpatrick seconded : Ayes: Nays : Members absent: Motion carried. • • • To make it a policy to as sist citizens in Englewood served by a Dist rict in a dispute with the District by acting as a neutral third party rendering a professional opinion should a court action result . Cook, Best, Haviland, Fitzpatrick, Fullerton, Higday, Otis None Giseburt, Lay 4) POLICY ON INSTALLATION OF PUMPS ON IRRIGATION SYSTEMS . The Waterford complex has requested to pump water from their service line for irrigation purposes. The Board suggested a policy prohibiting pumping for irrigation purposes, except for the existing Englewood Parks Department systems . High-rise buildings pumping to above-ground floor s would also be exempt. Mr. Higday moved; Hr. Fullerton seconded : Ayes : Nays : Members absent : Motion carried. To make a pol icy prohibiting pumping for irrigation purposes, with the exception of the existing Englewood City Park's pumping systems. Cook, Best, Haviland, Fitzpatrick, Fullerton, Higday, Otis None Gi seburt, Lay S) KLOPPENBERG REQUEST FOR WATER TAPS. Hr. Kloppenberg, owner of 2627 West Oxford Avenue and pr s i dent of South Clay Street Wate r Users Association, has requested additional taps to the existing service. The Water and r Board discussed allocat i ng five 3/4" water taps on the following conditions : Page 2 o 3 • I • • • • • (a ) It i s understood that the present lines are overloaded . (b) Further taps will not be requested. (c) Owner and/or Tenants will plan future needs so that service wi ll be from Denver. (d) Owner and/or Tenants will riot provide service through garden hoses or temporary connections from the existing or the five (5) new taps . (e) Englewood shall determine if there are any violations and may terminate all service to the property upon thirty (30) days notice by disconnecting the private line from the main, i f a violat i on occurs. Stewart Fonda suggested the City Attorney approve the final draft . Mr. Fullerton moved; Mr . Fitzpatrick seconded : Aye s: Nays: Absent : Motion carried. 7) BLACK & VEATCH STU DY That five (5) 3/4" water taps be allocated to Mr. Kloppenberg of the South Clay Street Water Users Association subject to Addendu m #1 (attached) which contain the above mentioned conditions. This agreement wi ll be subject to final approval by the Englewood City Attorney. Cook, Best, Haviland, Fitzpatr i ck, Fullerton, Higday, Ot i s None Gi seburt, Lay Stewart Fonda infonned the Board that the Black & Veatch study should be ready for the Board's review by the next meeting. The meeting adjourned at 6:25 p.m. The next Englewood Water and Sewer Board meeting will be November 9, 1982 at 5:00 p.m. in the Library Confe r ence Room A. Respectfully yours, Ca~ag~ Recording Secretary Page 3 of 3 • I • • _n • • • • ADDENDUM 1 TO: Mr. George A. Kloppenberg, owner of 2627 West Oxford Avenue and president of South Clay Street Water Users Association FR OM: Stewart Fonda, Director of Utilities DATE: November 2, 1982 Addendum I to the Distributor's Contract dated June 1, 1970 between the City of Englewood, hereinafter referred to as "City", and South Clay Street Water Users Association, hereinafter referred to as "owner". The owner is receiving domestic water service through a one inch {1 11 ) tap with a 3/4" meter which amounts to 1.00 equivalent taps and also service through a 3/4" tap with a 5/8" meter which amount to 1.00 equivalent taps. It is mutually agreed that expansion of this domestic service in service area defined in the contract shall be limited to the equivalent of five (5) additional 3/4" taps unless the City at its sole discretion shall authorize additional service beyond this amount. Except for the following modifications, all other provisions of the contract shall remain in full force and effect: (a) It is understood that the City's present water lines serving this general area are overloaded and that the City does not anticipate increasing capacity in this area in the future. (b) Further taps will not be requested by the owner from the City. (c) Owner and/or Tenants will plan future needs so that service will be from the Denver Water Department. (d) Owner and/or Tenants will not provide additional service through garden hoses or temporary connections from the existing or the five (5) new taps. (e) Englewood shall detennine ff there are any violations and may tenninate all service to the property upon thirty (30) days notice by disconnecting the private line from the City's main, if a violation occurs . • I • • - ATIEST : City Clerk ATIEST: Secretary • • • • • • THE CITY OF ENGLEWOOD, COLORADO THE SOUTH CLAY STREET WATER USERS ASSOCIATION BY ___ ~---,.....------President • I . • • • • • LIQUOR LICENSE AUTHORITY MINUTES October 27. 1982 5 The meeting was called to order at 7 :30 p.m . by Cha i rperson Donald Styes in Library Conference Room 2. Upon the call of the roll the following was found : MEMBERS PRESENT : MEMBERS ABSENT : Donald Styes , Lloyd Bryan. Ronald Blanchard , Frances Cosby Ronald Lunders Also present were Charle s Griffin. Assistant City Attorney, and Brenda Castle, Re cor ding Secretary . HS . COSBY MOVED, ANO MR . BRYAN SECONDED, TO OPEN A PUBLIC HEARING TO CONS I DER A REQUES T FOR A SPECIAL EVENT S PERMIT FOR OCTOBER 29, 1982 FOR SWEDISH MEDICAL CENTER . AYE S: NAYS: The mo t io n carri ed . Do nal d Styes , Lloyd Bryan , Ronald Bl anc har d, Frances Cosby None Ms. Deena Eytan, 3355 S. Akron, Denver , Colorado . was presen t represen t ing the applicant. MR. BLANCHARD l«>VE O, AN O MS. COSBY SECONDED , TO APPROVE THE RE QUESTED SPECI AL EVENTS PE"4IT FOR SWED ISH ME DICAL CENTER FOR OCTOBER 29. 1982 FROM 7:30 P.M. TO 11:59 P.H. AYES: NAYS : The motion carried . Donald Styes, Lloy d Bryan. Ron ald Blanchard. Frances Cosby None The hearing was closed wi thout a 1111>tion. * * * The Authority received in their packets a tentative docU11tnt which would be the Findings of Fact, Conclusions and Decision on the Bob's Grocery public hearing which was held October 6, 1982 . After SOIIII revision and setting a revocation date of October 29, 1982 at 12:01 a.~ .• the following 1110tion was aade : HR. BRYAN l«>VEO, ANO MR. BLANCHARD SECONDED, TO ACCEPT THE FINDINGS OF FACT, CONCLUSION AND DECISION FOR THE PUBLIC HEARING OF OCTOBER 6, 1982 FOR BOB'S GROCERY . I . • - • ·Liquor License Authority October 27, 1982 page 2 - AYES: NAYS: ABSTAIN: The motion carried. • • • Donald Styes, Lloyd Bryan, Ronald Blanchard None Frances Cosby * * * The minutes of the meeting of October 13, 1982 were approved without a motion. * * * MS. COSBY MOVED, AND MR. BRYAN SECONDED, TO APPROVE THE FOLLOWING RENEWAL APPLICATIONS: Knights of Columbus 3800 S. Windennere Club expires 12/31/82 Casual Lounge 65 W. Floyd Tavern expires 12/ 19/82 The Dart Board 3467 S. Broadway Tavern expires 12/31/82 Fraternal Order of Eagles 3384 S. Broadway Club expires 12/31/82 After the Fox 5470 S. Broadway 3.21 Beer -on premises expires 12/15/82 AYES: NAYS: Th motion carri d. Glass Bottle Liquors 336 W. Haq,den Retail Liquor Store expires 12/31/82 Sup,... Liquors 5112 S. Broadway Retai 1 Liquor Store expires 12/31/82 Hilda's Cafe 4386 S. Broa~ Tavern expires 12/31/82 Round the Corner Restaurant 701 W. Hutpden Hote 1 /Res tau rant expires 12/3/82 Donald Styes, Lloyd Bryan, Ronald Blanchard, Frances Cosby None * * * • I . • n - • • Liquor License Authority October 27, 1982 page 3 - • • • MS. COSBY MOVED, AND MR. BRYAN SECONDED, TO ADJOURN T.HE MEETING . AYES: NAYS: Donald Styes, Lloyd Bryan, Ronald Blanchard , Fran ces Cosby None The motion carried. The meeting was then adjourned at 8:05 p.m. * ~~(:,£le~ N~C Recording Secretary /bjc * * • I . . In Robert S. Briola dba Bob 's Grocery 3296 South Washington Street Englewood, Colorado • - LIQUOR LICENSE AUTHORITY City of Englewood State of Colorado FINDINGS OF FACT, CONCLUSION AND ORDER OF REVOCATION ON THE SIXTH AND THIRTEENTH DAYS OF OCTOBER 1982, AT THE HOUR OF ABOUT 8:00 P.M., THE LIQUOR LICENSE AUTHORITY for the City of Englewood held a Public Hearing at the Englewood City Hall and in the Englewood Public Library Conference Room B, to detennine whether the Retail 3.ZS Fennented Malt Beverage License of Robert S. Briola dba Bob's Grocery should be suspended or revoked because Mr. Briola's applications for renewal of his license for the years 1981, 1982, and 1983 did not report that he had been convicted of crimes as required by the State of Colorado Department of Revenue Rules and Regulations for Colorado Beer Code 46-106.1 E and that he is not of good moral character required by 12-46-108 Colorado Revised Statutes 1973, as amended. FINDINGS OF FACT The following are the findings of fact of the Liquor License Authority with respect to this matter. 1. That introduced and received into evidence as Cit;y's Exhibits A through H were: a) A letter from Gary Higbee, Director of FiMnce/Cit;y Clerk, dated 6 August 1982, infonning Mr. Briola of the show cause hearing and the matters indicati ng the hearing should be held. b) Certificate from the State of Colorado Liquor License Division dated 8 August 1982 certifying that the copies of renewal applications attached thereto are true copies of the actual renewal applications su bmitted by Mr. Briola for the years 1981, 1982, and 1983. c) Exemplified copy of a record of trial including the sU111110ns and complaint of Arapahoe County Court testifying that Mr . Robert S. Briola, D.O.B. 27 October 1929, pleaded nolo contendre to theft under $50 .00 in violation of 18-4-401 Colorado""R'evised Statutes 1973, as amended and was sentenced by the Court to serve thirty days in Arapahoe County jail, pay $350.00 fine plus $58.00 court costs on 18 September 1979 . The j ail sentence was suspended on condition Mr . Briola complete one year probation and participate in mental health counseling and an alcohol education program. Probation was terminated on 10 September 1980. d) Exemplified copy of a record of trial including the suanons and cOllll)laint of the Arapahoe County Court testifying that Mr. Robert S. Briola, D.O.O. 27 October 1929, pleaded guilty to driving lllhile ability was im paired by consumption of alcohol in violation of 42-4-1202 (1) (b) Colorado Revised Statutes 1973, as amended, on 16 February 1977, was sentenced by the court to pay a fine of $100.00 of llllhich $15 .00 was sus pended . Costs were assessed. • I . -- -2- • • • e) Exemplified copy of the record of trial of the District Court of Arapahoe County testifying that Mr. Robert S. Briola, D.0.B. 27 October 1929, pleaded guilty to theft over $200.00 but less than $10,000.00 in violation of 18-4-401 Colorado Revised Statutes 1973 as amended for which judgement and sentence was deferred for a period of two years on 18 December 1981 and to the offense of attempt to conmit theft less than $50.00 in violation of 18-2-101 CRS 1973 as amended (a misdemeanor). He was also sentenced on 18 Decenoer 1981 by the District Court Judge to Arapahoe County Jail for six months, suspended, and paid a fine of $200.00 no later than 18 June 1982. f) Certificate from the Department of Motor Vehicles authenticating the copy of Mr. Robert S. Briola's, D.O.B. 28, October 1929, driver's license on file with the Department of Motor Vehicles containing Mr. Briola's height, weight, date of birth and picture, among other things. g) Copy of the Englewood Police Department official case filing with the Arapahoe County District Attorney's office setting forth the facts and circumstances resulting in the charges being filed in the District Court of Arapahoe County and supporting the proceedings of Exhibit E above. h) Copy of the Englewood Police Department official case·'filing with the Arapahoe County District Attorney's office establishing Mr. Robert S. Briola, D.O.B. 27 October 1929, was arrested on 2 June 1982 by Englewood Police for theft by receiving as a purchaser of gold and silver items, and for failing to maintain a register, and failing to identify a seller of gold and silver. 2. That the following witnesses were called by the City, were sworn and testified under oath substantially as follows: a) Englewood Police Officer Michael Swan. In 1980 he was a detective in the Englewood Police Department and conducted the investigation of Case 180-26877 wherein Mr. Robert S. Briola was the subject and which terminated in the Englewood Police Department case filing which was City's Exhibit G. And the Mr. Robert S. Briola in attendance of this hearing is the same person who was the subject of his said investigation. b) Englewood Police Detective David Miller. On 2 June 1982 at 3296 South Washington Street, Englewood, Colorado, he was on duty and monitoring a body microphone transmitter that Arapahoe County Sheriff's Department Deputy J. Oeq>sey was wearing when Deputy Dempsey entered Bob's Grocery. Detective Miller heard Mr. Robert S. Briola, who he identified as the same Mr. Briola in attendance at thi s hearing, buy some gold and silver je111elry from Deputy Dempsey, wi thout receiving identification of the seller and without maintaining a reg is ter or obtaining a declaration of seller's ownership with an i nd i cation that merchandise was stolen. These resulted in the Englewood Pol i ce Department arresting and filing a c&se on hi• with the Arapahoe District Attorney's office for a mfsd1111anor of theft by receiving ind two fe l on i es for vi olation of the gold and silver law which was City's Exh i bi t H. I . -3- • • • c) Detective Thomas Bock, Englewood Police Department. Testified that the Englewood Police Department recOlllllended that Mr. Briola's Retail 3.2S Fennented Malt Beverage License not be renewed because of all the things in preceding paragraphs 1 and 2. 3. The following witnesses were called by Mr. Gerald Gerash for and on behalf of Mr. Robert S. Briola. They were all sworn and testified under oath substantially and in sum as follows: a) Doctor L. Dean Baxter, a psychaiatrist a~itted to practice medicine in Colorado in the specialty of Psychiatry. Mr. Briola has been his patient for approximately the past two months. He diagnosed Mr. Briola as having a severe depression, anxiety, headaches and high blood pressure. The combination of these together with the suicide of his sister, severe family problems caused by his divorce, and the pressure of trying to operate two businesses resulted in Mr. Briola's problems in behavior and feelings. The totality of these and his trying to get ahead in the two businesses resulted in Mr. Briola's long and severe depressions. Mr. Briola's theft convictions were episodic,influenced by all the foregoing. His failure to report the convictions on his renewal application resulted from a misconception of what information was being requested. Dr . Baxter further opined that Mr. Briola was honestly seeking help and would respond well to Dr. Baxter's treatment . Most impressive about Mr. Briola's treatment was his breaking down and crying during the sessions . Dr. Baxter further opined Mr. Briola would never steal again and he now knows what inforaation is required on the applications and will properly respond to thell in the future . b) Mr. Martin Lathrop, close friend of Mr. Briola whose association with him has been for the last twenty-one years. He has done work for Mr . Briola and has been well and generously paid for his services . Mr. Lathrop also testified that he knew nothing of any of the matters introduced by the City prior to this hearing . But he would give Mr. Briola the use of his house. c) Kevin Gonda, employed as a teller at Republic National Bank. He knows Mr . Briola as a customer of the Republic National Bank and opines as to Mr . Briola's honesty. This was because he inadvertantly paid Mr. Briola $200.00 over the amount of a check he cashed for him, and Mr. Briola gladly returned the money when Mr. Gonda asked him about it. This incident took place about 2~ months ago. d) Rebecca Ensor, a twenty-one year old who is an assistant manager of a pizza franchise, and who lives across the street frOIII Bob's Grocery. Mr. Briola runs a very good grocery, the neighbors depend upon it and he extends credit to her so she can buy food when otherwise she would not be able to get it because of lack of mone,y. f) Vera Craig has known Mr. Briola for about three years. She not only has worked in Bob's Grocery, but she also dates Mr. Briola . She opined that Mr . Briola was of good moral character. Children and adults come into Bob's Grocery just to sa,y hello to Mr . Briola. She also opined that Mr . Briola is honest. I • • • • • g) Walter O'Brien is a handy man who did work for Mr. Briola and had several other business dealings with him. Because Mr. Briola always treated him fairly and honestly, he bought a van from Mr. Briola which ran and perfonned exactly as he said it would. Mr. O'Brien opined that Mr . Briola's honesty was beyond question and his moral character was very good. h) Mr. Robert S. Briola has four sisters and one brother. He c~leted two years of college and received an honorable discharge from the military. After being in the dairy business, he "'Int into the store business about twenty-three years ago. His 3.21 beer sales license is very important to his business because the beer sales range from $240.00 to $300.00 per month; the mark-up is about 20S . Also, he perfonns a service to the patients of Craig Hospital because he delivers and sells beer to them. He thought that the question on the renewal applications for his 3.2S beer license asking if he was ever convicted of crimes only had to be responded to affinnatively if the crime was a burglary or a robbery. Thus, because he had a deferred judgement on an incident similar to that, he did not have to enter it on the application. He also said he signed the renewal application before the Liquor Authority for the licensing periods ending 1981, 1982, and 1983 and all were under oath. •' i) All the defense witnesses except Dr. Baxter and Mr. Briola were not aware of any of the matters contained in City's Exhibits A through H before the hearing began, and, when they did becOIIII aware, they either were careful to limit their recQllllendations to only those things they knew before the hearing or stated that such matters would not change their opinions. CONCLUSIONS The Authority makes the following conclusions: 1. That Mr . Robert S. Briola executed under ~th State of Colorado Department of Revenue Renewal Applications for 3.21 Feraented Malt Beverage Licenses for the licensing period ending 1981, 1982, and 1983 as follows : Date Executed 2 May 1980 19 May 1981 29 April 1982 For Licensin' Period Ending: 08 23/81 08/23/82 08/23/83 a) That on each and every one of the foregoing applications the following question appears: "Has the applicant, or any of the partners, or any of the officers, stockholders or directors of said applicant (if it is a corporation) ever been convicted of a crime in the State of Colorado or elsewhere?• b) That Mr . Briola answered ·No" to the question on each of the foregoing renewal applications. c) That th foregoing question is 1111terial in connection with the application for renewal of the 3.21 Feraented Malt Beverage License • • I . • • -5- • • • d) That each of the above renewal applications executed under oath by Mr. Briola has been processed through this Authority and sent to the State of Colorado Department of Revenue. Liquor Division. e) That prior to receipt of the report from the Englewood Police Department from Detective Bock and Division Chief of Investigations Allan Stanley. and the evidence adduced at the hearing, this Authority was unaware that the responses of Mr. Briola to the question in l(a) above was not as stated in each of the aforesaid renewal applications. f) That solely based upon the aforesaid renewal applications of Mr. Briola and his representations therein for the licensing periods ending August 23, 1981 and August 23, 1982. the Statfl of Colorado Department of Revenue, Liquor Division. renewed Mr. Briola's 3.21 Fennented Malt Beverage License for those periods based upon the favorable recolllllendations of this Authority. g) That the renewal application for license period ending August 23, 1983, was conditionally approved by this Authority pending the outcome of this hearing. 2. That Mr. Briola was convicted of the following crimes within the meaning of State of Colorado Department of Revenue, Renewal Application for 3.2S Fermented Malt Beverage Licenses as indicated: a) On 16 February 1977, Mr. Briola pleaded guilty to the offense of Driving While Ability Ill'4)aired by Consuiaption of Alcohol in violation of 42-4-1202 (1) (b) CRS 1973, as alll9nded, and was sentenced by the court to a fine (part of which was suspended). b) On 20 July 1979 Mr. Briola pleaded nolo ~tendre to the offense of Theft Less than $50.00 in violation~l8 -401 (2) (a) CRS 1973, as amended; and at his request was granted leave to apply for probation. On 18 September 1979 he was sentenc.ed to serve thirty days in the Arapahoe County Jail which was suspended on express condition that Mr. Briola satisfactorily COll'4)1ete one year of probation, with conditions. The sentence included fine and costs. c) On 18 December 1981 Mr. Briola was sentenced by the District Court, County of Arapahoe, as a result of his plea of guilty to attell'4)ted theft of less than $50 .00 in violation of 18-2-101 CRS 1973, as amended and sentenced to Arapahoe County Jail for six aonths, suspended, fined $200 .00. 3. That because of the foregoing convictions, Mr. Briola was required to have reported them as follows : a) On 2 M,\Y 1980 when he executed his renewl appli~tion for licensing period ending 23 August 1981, he was required to have reported his OWAI and theft less than $50.00 convictions. b) Also on 19 M,\Y 1981, whe~:ie executed his renewal &pplication for licensing period ending 23 August 1982 he .as required to have reported the same two convictions as set forth in preceding sub- paragraph a) . I • • -6-. . • • - c) On 29 April 1982 ~he~ he executed his re~al application for the licensing period ending 23 August 1983, Mr. Briola was required to have reported his DWAI conviction, his theft under $50.00 conviction, and his attempted theft conviction of less than $50.00. 4 . That Mr. 8riola's failure to report his aforesaid convictions was knowing, conscious, intentional and willful. Mr. Briola did not submit all information to the Department of Revenue, Liquor Enforcement Division, in his said applications for license renewals, fully, faithfully, truthfully, and fairly. That Mr. Briola violated Colorado Beer Code regulation 46-106.l E. 5. That on 18 September 1979 Mr. Briola was sentenced by Arapahoe County Court (on his plea of nolo contendre to theft under $50.00 City Exhibit C) part of that sentence was that Mr. Briola was placed on probation for one year and the probation was conditional which included that Mr. Briola participate in mental health counseling and in an alcohol education program. On 10 September 1980 the court terminated the probation. City Exhibits C and G indicate that on or about 10 November 1981 Mr. Briola entered a plea of guilty in Arapahoe County District Court to the offense of theft more than $200.00 but less than $10,000.00 shows that Mr . Briola conmitted that theft in increments of almost weekly from 20 June 1980 until 24 October 1980. Therefore, while Mr . Briola was on County Court probation he was performing acts of theft during four months of that probation. 6. That as a result of his plea of guilty to the theft over $200.00 but less than $10,000.00 Mr . Briola was placed upon a deferred judgement and sentenced for a period of two years on 18 December 1981 under supervision of the Probation Department . While on this probation, Mr. Briola, as shown by City Exhibit H, bought jewelry which he was later told was "hot" (stolen) by the seller. Mr . Briola did not fill out a register nor did he ask the seller if the seller owned the articles or if he had found them. That th is conduct by Mr. Briola by purchasing 11erc~ndise that he was told was "hot" (stolen) and without inquiring of the sellers identity or his r ight of acquisition of the merchandise during a period wh il e he is on probation by the District Court of Arapahoe County when placed in content with Mr. Briola's COlllllitting theft wh i le on probation by Arapahoe County Court for a theft conviction shows that Mr . Briola has not been rehabilitated. 7. That the theft Mr . Briola judicially admitted cOlaitting over $200 .00 and less than $10,000 .00 was one of deception and fraud. This is the Salle pattern of deception and fraud he perpetrated in not reporting his convictions on his renewal applications. City Exhibit 8, and further shows Mr. Briola is not rehabilitated. 8. That the testimony of Mr . Briola's witnesses (considering Or . Baxter 's and Mr. Gonda's was based on contact with Mr . Briola during two to two and one half months prior to the hearing date) does not counteract the overwhelming evidence adduced at the hearing from which this Author ity determines that Mr . Briola does not have the moral character required to operate an establishment selling 3.21 malt beverage nor has he been rehabilitated to permit such operation. • I . - • • • • -7- 9 . That Mr. Briola'a convictions of theft under $50.00 and attempted theft under $50 .00 are crimes involving moral turpitude; that his plea of guilty to theft over $200 .00 and less than $10,000.00 is judicial confession to a class four felony; that a great part of his COllllission of the theft over $200.00 but less than $10,000.00 was coanitted while he was on probation ordered by the Arapahoe County Court; that his participation in criminal conduct on 2 June 1982 by buying property he had reason to know was stolen and failing to maintain a gold and silver register while he was on probation illl)Osed by the Arapahoe District Court are seen as evidencing deeply ingrained character defects that attest that Mr . Briola does not have the good 110ral character required by 12-46-108 CRS 1973, as amended and 24-5-101 CRS 1973, as aaended, nor has there bt!en any effective rehabili- tation whatsoever. The foregoing is aggravated by his willfully concealing his three conv i ctions in his renewal applications which has been a continuing deceit until exposed by the independent investigation of the Englewood Police Departinent. DECISION The Liquor License Authority hereby orders and directs th,t the 3.21 Fer.nted Malt Beverage License of Mr. Robert S. Briola dba Bob's Grocery shall be and hereby is revoked effective 12 :01 a.m . October 29 , 1982 . I . . In ~- • • • - BY AUTHOR!T~ 7 fl ORDINANCE NO. SERIES OF 198-2~~~- COUNCIL BILL NO. 55 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE AUTHORIZING A CONTRACT WITH THE CITY OF LITTLETON, COLORADO, TO JOINTLY OPERATE THE JOINT-USE WASTEWATER TREATMENT FACILITY. WHEREAS, the City of Englewood and the City of Littleton are Home Rule Cities operating under charters pursuant to Article XX of the Constitution of the State of Colorado; and WHEREAS, the power to contract with each other is within the scope of the basic powers of both cities and within the specific provisions of C.R.S. 1973, 29-1-201 et seq.; and WHEREAS, considerable planning and negotiations, involving the appropriate representatives of each city have resulted in a proposed contract to jointly operate the Joint-Use Wastewater Treatment Facility. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the City of Englewood shall contract with the City of Littleton, Colorado, according to the p rovisions of the written instrument capt i oned •Agreement Between The Ci t ies of Littleton And Englewood, Colorado For Joint-Use Wastewater Treatment Facilities•, which is attached hereto, consisting of twelve (12) typewritten pages, and incorporated by reference. Said instrument generally prov i des t hat: a) The c hara c ter o f o wner s h i p s hall be t en an c y i n common; b ) A four -membe r S uperviso ry Co mm ittee s h all ove r see co n st ru c t ion a nd o p e ra t i on of t h e facility; c) Allocation of o p erating costs shall b determined by s p ecified formulas; d) Subsequent plant enlargement shall follow described guidelines; e) Fi nanci n g, ser v ice a r ea , a nd contingency procedures s h all be as detailed therein . Section 2 . Th e Mayor of th a u tho ri zed and d irect d to e x ref r n ee in S ction land th Cl rk -Treasur r , shall duly City cute Dir tt s of Engle wood is hr by th instrum nt incorpora d cto r of Pi n n ee , e x officio said execu ion. • by City I • • - • • • • • • Introduced, read in full, amended, and passed on first reading as amended on the 1st day of November, 1982. Published as a Bill for an Ordinance on the 3rd day of November, 1982. Read by title and passed on final reading on the 15th day of November, 1982. Published by title as Ordinance No·~~~~' Series of 1982, on the 17th day of November, 1982. Attest: Eugene L. Otis, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1982. Gary R. Higbee I • • n - • BY ORDINANCE NO. ----SERIES OF 1982 • • • AUTHORIT~ ';' !l COUNCIL BILL NO. 55 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE AUTHORIZING A CONTRACT WITH THE CITY OF LITTLETON, COLORADO, TO JOINTLY OPERATE THE JOINT-USE WASTEWATER TREATMENT FACILITY. WHEREAS, the City of Englewood and the City of Littleton are Home Rule Cities operating under charters pursuant to Article XX of the Constitution of the State of Colorado; and WHEREAS, the power to contract with each other is within the scope of the basic powers of both cities and within the specific provisions of C.R .S. 1973, 29-1-201 et seq.; and WHEREAS, considerable planning and negotiations, involving the appropriate representatives of each city have resulted in a proposed contract to jointly operate the Joint-Use Wastewater Treatment Facility. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That the City of Englewood shall contract with the city of Littleton , Colorado, according to the provisions of the written instrument captioned •Agreemen t Between The Cities of Littleton And Englewood, Colorado For Joint-Use Wastewater Treatment Facilities•, which is attached hereto, consisting of twelve (12) typewritten pages, and incorporated by reference . Said instrument generally provides that: a) The character of ownership shall be tenancy in common; b) A four-member Supervisory Committee shall oversee construction and operation of the facility; c) Allocation of operating costs shall be determined by specified formulas; d) Subsequent plant enlargement shall follow described guidelines; e) Financing, service area, and contingency procedures shall be as detailed therein. Section 2. The Mayor of th City of Englewood is hereby authorized and directed to execute the instrument incorporated by reference in Section 1 and the Director of Finance, ex officio City Clerk-Treasurer , shall duly att st said execution • • I • • - • • • • • • Introduced, read in full, amended, and passed on first reading as amended on the 1st day of November, 1982. Published as a Bill for an Ordinance on the 3rd day of November, 1982. Read by title and passed on final reading on the 15th day of November, 1982. Published by title as Ordinance No·~~~~' Series of 1982, on the 17th day of November, 1982. Attest: Eugene L. Otis, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1982. Gary R. Higbee • I • • • • • • • BY AUTHORITY ORDINANCE NO. SERIES OF 198_2 __ _ A BILL FOR CXXJNCIL BILL NO. 56 INTROOOCED BY OJUNCIL MEJolBER ~ ' AN OODINANCE AMmDit«i SUBSECTIOO (a) (8) OF SECTI~ 9, OIAPTER 4, TITLE 'JN, OF 'lllE 1969 EN'.iLEw:X>D KJNICIPAL OODE BY INCRF.ASI!«i 'lllE SCHEDULE OF RATES AND CHAR'.,ES FOR SEWERAGE SERVICE. Section 1. 'lbat Subsection (a) (8) of Section 9, Chapter 4, Title 'IN, of the '69 E.M.C. is hereby amended to read as follows: 15-4-9: RATES AND OIARiES FOR SEWERAGE SERVICE (a) G~ERAL. 'lbere is hereby levied and charged on each lot, parcel of land, and premises served by or having sewer connection with the sanitary sewer of the City of Englewood, or otherwise discharg- ing sanitary sewage, industrial wastes, or other liquids, either directly or indirectly, into the City sanitary sewer system, an annual service charge which shall be computed and payable as follows: (8) 'lbe following rates shall be effective for all sewage processed after Decent>er 31, 1982: Rate (per 1000 gallons) Sewage treatment charge .8374 Collection system charge .1114 Total .9488 SCHEDULE I SCHIDJLE II SCHEDULE II l SCHEDULE IV Customer In City In City ()ltside City ()ltside City Class City S-rs District Sewers District Sewers District rs Billed Qtrl:z: Billed Qtrl:z: Billed ~uall:z: Billed Qtrl:z: Flt flat fl Flat Rate Min. Rat Kin. Rate Min. Rat Mn. Single- Fam.Dwg. 19.95 18.15 17.60 16 .00 73.80 67.20 18.45 16. 0 Multi - Fam(Unit) 12.35 11.25 10.90 9.90 45.80 41.60 11.45 10.40 Mobil e 7.60 6.90 6.70 6.10 .20 25 .60 7.05 .40 • I • • • • • • • COl'l1llercial & Ind . (By meter size) 5/8 in. 27.50 25.05 24.30 22.10 102.00 92.80 25.50 23 .20 3/4" 41.75 38.00 36.85 33 .55 154.80 140.80 38 .70 35.20 l" 69.25 63.00 61.15 55.65 256 .80 233.60 64.20 58.40 1-1/2" 138.50 126 .05 122 .25 111.25 513.60 467.20 128.40 116.80 2" 222 .00 202.05 195 .95 178 .30 823 .00 749 .00 205. 75 187 .25 3" 443.10 403.20 391.10 355 .85 1642.40 1494 .80 410.60 373 .70 4" 692.60 630 .30 611 .30 556.30 2567 .40 2336 .40 641.85 584 .10 6" 1385.25 1260 .60 1222 .60 1112 .55 5135.00 4672.80 1283 . 75 1168.20 8" 2201.10 2003 .00 1936.95 1762.60 8159.75 7425.35 2039.90 1856.35 10" 3164 .10 2879 .35 2784.45 2533.80 11729 . 70 10674 .00 2932.40 2668.5 5 Minimum charges both inside and outside the City are Ninety-one Percent (91%) of the flat rate charge for the customer class involved. Introduced, read in full, and passed on first reading on the 15th da y of Noveirber, 1982. Published as a Bill for an Ordinance on the 17th day of Noveni>er, 198 2. Eugene L. Otis, Mayor Attest: x officio City Clerk-Tre surer I , Gary R. Hi bee, x officio City Cl rk-Tr ur r of the City of Englewood, Colorado , her by rtify that th abov and foregoing is a tru , ccurate and complet copy of a Bill for an Ordin c , introduced, r d in and passed on first re lng on th 15th y of Nov r, 1982 • 2 • ull, I • • - • • • • • BY AUTHORITY ORDINANCE NO. SERIES OF 198~2~~~ A BILL FOR COUNCIL BILL NO. 47 INTRODUC¥ .BY COUNCIL MEMBER ..1,f, AN ORDINANCE AMENDING SECTION (1) (a), CHAPTER 1, TITLE XIV, OF THE ENGLEWOOD MUNICIPAL CODE OF 1969, AS AMENDED, RELATING TO THE MODEL TRAFFIC CODE NOTICE TO APPEAR IN COURT AND SUMMONS PROVISION S. WHEREAS, the Colorado State Legislature has adopted legislat ion deleting the requirement that a violator of a motor vehicle law s i gn a summons and complaint; and WHEREAS, in order to reduce confusion and provide a uniform method of serving summons and complaints on both city streets and state highways for Municipal Court, it is necessary to amend Section (1) (a), Chapter 1 , Title XIV of the 1969 E.M.C. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO: Section 1 . Section (a) of Title XIV, Chapter 1, Section 1, of '69 E.M.C., as amended, is hereby amended to read as follows: 14-1-1: ADOPTION (a) Pursuant to Section 44, Article V of the Englewood Home Rule Charter , and Title 31 , Article 16 , parts 1 and 2, C .R .S. 1973, as amended, there is hereby adopted by reference Articles I to XXVI, inclusive of the 1977 Edition of the "Model Traffic Code for Colorado Municipalities", promulgated and published as such by the State Department of Highways, 4201 E . Arkansas Avenue, Denver, Colorado 80222. The subject matter of the Model Traffic Code relates primarily to comprehensive traffic control regulations for the City. The purpose of this Ordinance and the Code adopted herein is to provide a system of traffic regulation consistent with State law and generally conforming to similar regulations throughout the State and nation. Three (3) copies of the Model Traffic Code adopted herein are now filed in the office of the Director of Finance ex officio City Clerk of the City of Englewood and may be inspected during regular business hours. The 1977 edition of the Model Traffic Code is adopted as set out at length ~~ EXCEPT the following articles and/or sections which are declared to be inapplicable to this municipality and are ther fore xpressly deleted OR AMENDED: ( 1) Article XXVI is deleted. (2) Section 23-8 of Articl XXIII is del ted. ( 3) Section 22-9 of Articl XXII is amended to red a s ollows: • I • • - • • • • 22-9: NOTICE TO APPEAR IN COURT. EXCEPT WHEN AUTHORIZED OR DIRECTED TO TAKE A PERSON BEFORE A MAGISTRATE OR OTHER COURT, AS PROVIDED IN SECTION 22-5 OR OTHERWISE PURSUANT TO STATE LAW, ANY POLICE OFFICER, UPON MAKING AN ARREST FOR ANY VIOLATION OF THIS CODE PUNISHABLE AS A MISDEMEANOR, SHALL TAKE THE NAME, ADDRESS, AND OPERATOR 'S LICENSE NUMBER OF SAID PERSON, THE REGISTERED NUMBER OF THE MOTOR VEHICLE INVOLVED, AND SUCH OTHER PERTINENT INFORMATION AS MAY BE NECESSARY, AND SHALL PREPARE AND ISSUE TO HIM, IN WRITING ON THE FORM AUTHORIZED IN SECTION 22-2 OF THIS ORDINANCE, A NOTICE OR SUM MONS TO RESPOND AND ANSWER TO THE CHARGE AGAINST HIM AT A PLACE AND AT A TIME TO BE SPECIFIED IN THE NOTICE OR SUMMONS , AND, IF THE ARRESTED PERSON DOES NOT POSSESS A VALID COLORADO DRIVER'S LICENSE, SUCH ARRESTED PERSON, IN ORDER TO SECURE RELEASE, MUST GIVE HIS WRITTEN PROMISE TO APPEAR IN COURT BY SIGNING THE PENALTY ASSESSMENT NOTICE OR SUMMONS. IF THE ARRESTED PERSON DOES POSSESS A VALID COLORADO DRIVER'S LICENSE, THE PERSON SHALL NOT BE REQUIRED TO GIVE HIS WRITTEN ACKNOWLEDGMENT OR PROMISE TO APPEAR, ON THE PENALTY ASSESSMENT NOTICE OR SUMMONS. (4) Section 22-10 of Article XXII is amended to r e ad as f o llows: 22-10. FAILURE TO OBEY SUMMONS OR NOTICE. FOR THE PURPOSES OF THIS CODE, TENDER BY AN ARRESTING OFFICER OF THE SUMMON S OR PENALTY ASSESSMENT NOTICE SHALL CONSTITUTE NOTICE TO THE VI OLATOR TO APPEAR IN COURT AT THE TIME SPECIFIED ON SU CH SUMMON S OR TO PAY TH E REQUIRED FINE. IT I S A VIOLATION OF THIS S ECTI ON FOR ANY PERSON TO FAIL TO APPEAR TO ANSWER ANY OFFENSE CHARGED UNDER TH IS CODE. Introduc ed, read i n fu ll , and passed o n fi r st c ea di ng on the 15 th day of November, 1 98 2 . P u b l ish e d a s a Bill fo r a n Ord i nan ce on the 17th day of No v e mber, 1 98 2 . Attes t: Eugene L . Otis , Mayor e x officio City Clerk-Treasurer I , Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Engle wood , Colorado , hereby certify that the above and foregoing is a true , accurate and complete copy of a Bill for an Ordinance , int r oduced , read in full , and passed on first reading on the 15th day of Nove mbe r, 1982 . Gary R . Higb 2 • I • • BY AUTHORITY ORDINANCE NO. SERIES OF 198~2~~~ A BILL FOR • • • COUNCIL BILL NO. 47 INTRODUCED BY COUNCIL MEMBER of; 0,¥JO~ ()(] AN ORDINANCE AMENDING SECTION (1) (a), CHAPTER 1, TITLE XIV, OF THE ENGLEWOOD MUNICIPAL CODE OF 1969, AS AMENDED, RELATING TO THE MODEL TRAFFIC CODE NOTICE TO APPEAR IN COURT AND SUMMONS PROVISIONS. WHEREAS, the Colorado State Legislature has adopted legislation deleting the requirement that a violator of a motor vehicle law sign a summons and complaint; and WHEREAS, in order to reduce confusion and provide a uniform method of serving summons and complaints on both city streets and state highways for Municipal Court, it is necessary to amend Section (1) (a), Chapter 1, Title XIV of the 1969 E.M.C. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Section (a) of Title XIV, Chapter 1 , Section 1 , of '69 E .M.C., as amended, is hereby amended to read as follows: 14-1-1: ADOPTION (a) Pursuant to Section 44, Article V of the Englewood Home Rule Charter, and Title 31, Article 16, parts 1 and 2, C.R.S. 1973, as amended, there is hereby adopted by reference Articles I to XXVI, inclusive of the 1977 Edition of the "Model Traffic Code for Colorado Municipalities", promulgated and published as such by the State Department of Highways, 4201 E. Arkansas Avenue, Denver, Colorado 80222. The subject matter of the Model Traffic Code relates primarily to comprehensive traffic control regulations for the City . The purpose of this Ordinance and the Code adopted herein is to provide a system of traffic regulation consistent with State law and generally confo rming to similar regulations throughout the State and nation. Three (3) copies of the Model Traffic Code dopted herein ar now filed in th office of the Director of Finance ex officio City Clerk of the City of Englewood and may be insp cted during regular busines hours. The 1977 edition of th Mod 1 Tr ffic Code is dopted asst out at length~~ EXCEPT he following articl sand/or sections which are declared to b in pplicable to this municipali y and ar ther for xpr ssly dele ed OR AMENDED: (1) Ar icl XXVI is dele d. (21 Sec ion 23-8 of Ar icle XXIII is del t d. (3) Sc ion 22-9 of Ar cl• XXII is am nded o r ead as follows: • I • • - r • • • • 22-9: NOTICE TO APPEAR IN COURT. EXCEPT WHEN AUTHORIZED OR DIRECTED TO TAKE A PERSON BEFORE A MAGISTRATE OR OTHER COURT, AS PROVIDED IN SECTION 22-5 OR OTHERWISE PURSUANT TO STATE LAW, ANY POLICE OFFICER, UPON MAKING AN ARREST FOR ANY VIOLATION OF THIS CODE PUNISHABLE AS A MISDEMEANOR, SHALL TAKE THE NAME, ADDRESS, AND OPERATOR'S LICENSE NUMBER OF SAID PERSON, THE REGISTERED NUMBER OF THE MOTOR VEHICLE INVOLVED, AND SUCH OTHER PERTINENT INFORMATION AS MAY BE NECESSARY, AND SHALL PREPARE AND ISSUE TO HIM, IN WRITING ON THE FORM AUTHORIZED IN SECTION 22-2 OF THIS ORDINANCE, A NOTICE OR SUMMONS TO RESPOND AND ANSWER TO THE CHARGE AGAINST HIM AT A PLACE AND AT A TIME TO BE SPECIFIED IN THE NOTICE OR SUMMONS, AND, IF THE ARRESTED PERSON DOES NOT POSSESS A VALID COLORADO DRIVER'S LICENSE, SUCH ARRESTED PERSON, IN ORDER TO SECURE RELEASE, MUST GIVE HIS WRITTEN PROMISE TO APPEAR IN COURT BY SIGNING THE PENALTY ASSESSMENT NOTICE OR SUMMONS. IF THE ARRESTED PERSON DOES POSSESS A VALID COLORADO DRIVER'S LICENSE, THE PERSON SHALL NOT BE REQUIRED TO GIVE HIS WRITTEN ACKNOWLEDGMENT OR PROMISE TO APPEAR, ON THE PENALTY ASSESSMENT NOTICE OR SUMMONS. (4) Section 22-10 of Article XXII is amended to read as foll ow s : 22-10. FAILURE TO OBEY SUMMONS OR NOTICE. FOR THE PURPOSES OF THIS CODE, TENDER BY AN ARRESTING OFFICER OF THE SUMMONS OR PENALTY ASSESSMENT NOTICE SHALL CONSTITUTE NOTICE TO THE VIOLATOR TO APPEAR IN COURT AT THE TIME SPECIFIED ON SUCH SUMMONS OR TO PAY THE REQUIRED FINE. IT IS A VIOLATION OF THIS SECTION FOR ANY PERSON TO FAI L TO APPEAR TO ANSWER ANY OFFENSE CHARGED UNDER THIS CODE. I ntr o du c ed, read i n fu ll , and pa ss ed on first read i ng on the 15 t h d ay o f November, 1 98 2 . P u b lished a s a Bi ll for a n Ord i n ance on the 1 7 th day of Nove mb e r, 1 982. Attest: Eugene L . Otis , Mayor ex officio City Clerk-Treasurer I, Gary R. Higbe , ex officio City Clerk-Treasurer of the City of Engle wood, Colorado , hereby certify that the abov and foregoing is a true , accu r ate and compl te copy of a Bill for an Ordinance, introduced , rad in full , and passed on first reading on he 15th day of Novemb r , 1982 . Gary R . Higbee 2 I • • - • ORDINANCE NO. SERIES OF 198=2~~~ • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 60 INTRODU~~~~NCIL MEMBER_,_~=--=-1>=-==>=<l,,..~- AN ORDINANCE AUTHORIZING A CONTRACT WITH THE CITY OF LITTLETON, COLOR ADO, TO JOINTLY OPERATE THE JOINT-USE WASTEWAT ER TR EATMENT FACILITY. WHEREAS, the City of Englewood and the City of Littleton are Home Rule Cities operating under charters pursuan t to Article XX of the Constitution of the State of Colorado; an d WHEREAS, the power to contract with each oth er is within the scope of the basic powers of both cities and within the specific provisions of C.R.S. 1973, 29-1-201 et seq.; and WHEREAS, considerable planning and negotiat ions, involving the appropriate representatives of each city have resulted in a proposed contract to jointly operate the Joint-Use Was tewater Treatment Facility; and WHEREAS, both parties have come to a mutua l agreement, wh ich is Draft No. 7 , November 1, 1982; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1 . That the City of Englewood shall contract with the City of Littleton, Colorado , according to the prov isions of the written instrument captioned •Agreement Betwee n The Cities of Littleton And Engl wood, Colorado For Joint-Use Wa stewater Treatment Facilities•, which is at tached hereto, consisting of twelve (12) typewritten pages, and incorporated by reference. Said instrument generally provides that: a) The character of ownership shall bet nan cy in common; b) A five-m mber Supervisory Committee shall over e construction and operation of the facility; c) Allocation of operating costs shall be de ermin d by specified formulas; d) Subsequ nt plant nlargem nt shall follow describ d guid lines; e) Fin ncing, s rvic ar a, and con ingen c y procedur s sh 11 b as d iled th r in. Sec ion 2. Th Mayor o the Ci y of Englewood ia hr by uthorlzed and direc ed o execute the in trument incorpor ed by re erence in Section 1 and the Direc or of Finance, ex officio Ci y • I • • In - • • • • • • Clerk-Treasurer, shall duly attest said execution. Introduced, read in full, amended, and pas sed on first reading as amended on the 15th day of November, 1982. Published as a Bill for an Ordinance on the 17th day of November, 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 1st day of November, 1982. Gary R. Higbee I • • , J - I • • • • DRAFT NO. 7 NOVEMBER 1, 1982 AGREEMENT BETWEEN THE CITIES -OF LITILETON ANO ENGLEWOOO, COLORADO FOR JOINT-USE WASTE\IATER TREATMENT FACILITIES This Agr-t, ~tered l_nto this ______ day of----- 19 __ , by and between the C1ty of Littleton, Colorado, a •un1c1pal corporat i on of the State of Colorado (hereinafter referred to as "Littleton") and Ci ty of Englewood, Colorado, a .unic1pal corpora- tion of the State of Colorado (hereinafter referred to u 'Englewood "): WHEREAS, on the Znd cS.y of July, 1973, the Citi es of Littleton and Englewood entered into 1n 1greaent for constn,ctlon and operlt- t1on of the Jo1nt-Use Wastewater Tre1tMent Plant , 2900 South Pl&tte River Drive, Engl-.!, Colorado 80110 . WHEREAS, this contract wu entered into pursuan t t o t he bas ic powers of the C1t1es to contract w1th 11th other and, fu rther , pur-• su1nt to en1ctatnt by the Stitt L19isl&tu" 1n 1971 of 1n 1111t ndMen t to C.R.S 1973, 29-1-21)1 ; and lftEREAS, to 1u_..t capac i ty of the J o1nt-Usa \NTP, the EnQelwood Wutewater Tre1t11ent Plant, 1100 Bates Av-. Englewood, CO, 80110, "IS r enovated and placed I n serv i ce I n Sept-.r , 1982 , and III ER EA S, f or purPosts of this •o-t the fo llowlnQ definitions w111 be used : Joint-use wr r II-Ci ty wr, -Jo in t -Use Wastewater Tre1 t11en t Plant 2900 S. Platte Riv er Dr ive Enolewood , CO 80110 • Cngle,,ood Was t ewa t e r Tre1 nt ,i.nt 1100 lites Ave [nq 1 ewood. GO 80110 -Con1lned ooerot l ons of Join t-UH TP ~nd Englewood WT P ; ~nd EREAS. tllt CI ty of (ng 1 d Is the sol, r of the (nql ood WTP Jnd, REAS, Littleton 11\d en,1ewooc1. by previous 19rt nt, ,re J oint ownor, of the Joint-Use Pl,ni, och wn1M ~nd are entltltJ to r1tty Percent (SO ) of tht o ratlftQ c,p1c1ty of Utt Joint-UH '11nt • I • • ~-• • • -z- which c1p1clty 1s 1pproxi111tely ZO •ill Ion g11lons per d1y (aqd) with Littleton be i ng entitled to 1pproxl101tely 10 ,ogd and Enqlewood being entitled to approxl .. tely 10 llgd; and, WHEREAS, 1t Is the intention of the Cities of Littleton and Englewood to Nnaqe and oper1te the EnqllWOOd WTP In conce rt with, and within the adilinhtrathe structure nullllshed for, the Joint- Use WTP; and, lottEREAS, the basic concept of thh A9.--t Is that neither City shill be a custONr of the other, but rather the Cities shall operlte the Bl-City Plant wi th costs of additions , ind costs of oper1tlon and .. intenance being dhided bet-tha in I flir ond equitable Nnner as set forth hereln.fter with greater specificity; and, WHEREAS, over the past sever1l ye1rs, operations and Nnag-nt of the Joint-Use Plant have changed, .the c-1taent between the Ci t ies of Littleton and Englewood has changed, the understanding of opera-. tions and Nnaq-nt has ta.en refined, and planning has begun for expanding the Joint-Use Plant with construction of new facilit ies and --the ·addition of the N111wated Engl~ Plant, and IIIE REAS, the Cl~s of Littleton and Engl~ 19ree that It h In the best Interest of both Cities to -.nd the 2nd day of July, 1973 agr-nt concerning the Joint-Use Wastewater Tre1taent Facility to o,ort 1ccurattly represent the needs of both parties . NOW THEREFOAE, IT IS AGll£ED by and btt-n the p,rtles hereto that this agre nt shill rephce the 2nd day of July, 1973 1 r-t u the uncleruandlng between cltlH on Cl ty Pl nt . SECT! 0,CltATIOII rshlp 1nd o r1tfon of t 11- 1. Suoerwlsory C 1ttet : A .,.,... nt ,_ttt e. to lie u th S n,uory lttH 1nd wh ich shll 1 on • slst of t • lnutr1t1 91111 )'Ni fl"CII eor cfty. Jt • , natt4 by tlle C•tr n• r of e.ch City, ,11111 o•t• "all r tl11n oft 101nt r c111t• nd ltttllCI nt .. ttlN , Ota , fn t t'f t l,IIU • J ri tr ,nt• ·1n t o• 1rr1• et on •nr tt " 11 '" • I • • -• • • -3- the scope of their authori t y, then, 111d 111 that event, 1 fifth member of the Superv isory C-lttff sha ll be appointed f or the purpose of reach i ng I dettl'll1111t lon of that is sue . The fifth .-er shall be 1n 1nd1v 1dua 1 ..,ose Ident ity h agreed upon by the two Cit i es , or 111 the absence of such 1gr-11t, the fifth ...,.r sha l l be appo i nted by the presld1119 Judge of the Eighteenth J ud icia l District of the State of Co l orado, ind t his f i fth aeaber so a ppointed shall be one who fs experi e nced and educated I n t he field of wutewater treatment, and the oper1ti on of tre1taent p hnts . Cos ts for the fifth ...,.r sh1 ll be 1pport i oned equally to both cities (SOS each ) out of the Bl -Ci ty Plant Op1r1t1ng budQet . 2. The Superv i sory C-lttte shall hold aonthl y -tinqs to dis cuss phnt operati ons and 1dlo i ni s t r1tion . 3. The City of Englewood shill operate the 11-City Plant u~er the control of the Supervisory C-i ttN . E119lewood s~l 1 be rellObursed for Littleton 's s hire of the I i-City Phnt operati ng expenditures bued on ac tual verifi a ble cos ts u estab lished under Section Ill , plus 111 1cal n ls tr1t l on fee of thrN percent (Ji) of the total ope r ati ng budget, u cl us 1ve of t he C1 plt1 l lle l nvestllllft t Account defined In Section lll-3 an d cap iul outlays f or r.ew equl -t or f1cll ltles. 4. Within one (1) y11r froo the d1t1 of thfs contr~ct, Heh City ~hall adopt ~nd enforce industrial ,,ute .. ,.,Q-nt Ordln1ncu control I lnci Influent to tlle plant, 111C1 shall enforce efflu nt H~lldards thH c-ly with uuti ng st1t1 nd federal reg httons. In the event thlt the 01"111n•nce of one City .,.,,.,ts ~x11t1nq -r cust-n to contlnu to dfsch1rqe wute contilnlng ~ ht er 00 con• ttnt, th n, 1110 In hat event, thlt City lh1 ll 1y 1n • d1t10111I """ to be dllel'lltneo by the Su """ rv •tt t , hth Clt111 1n1 ll r lilt.II s. f'ol t,I t, I ,. ,, t • 1.c1 ,•tuu ... r ,. ... • I • • • • • • 4. direction of the Supervisory COlll"ittH, 1nd oper1ti119 costs for the Englewood WWTP facil itles will be 1pportloned to both cities as stated In Section Ill of this Ag,.._nt . The Engle - wood WWTP wil 1 reNln under sole ownership of the Cl ty of Englewood, 1nd therefore will not be I coaponent in the Capital RelnvestMnt Account discussed in Section Ill of this Agreement. 6. !lonthly reports relltive to opention of the Bi-City Plant shall be required by the Su pervisory C-lttee . The 81-C l t y Phnt hcllities ind records shill be open for i nspection and rev i ew of the 111rt i es; 7. lleeti ngs of the Joint City Councils for the Cities of Littleton 1nd Engl~ shall be held 1t lHst once per yen . 8. Each City cov en1nts 11\d 1grHs that i t wil 1 generate sufficient revenues through ,_r rates or other •ins to uke th!! peyaents necesury under the tera of this co ntract . SECTIOII II SUBSEQUENT PLANT ENLAIIGOIEllT 1. At such ti• u e ither City h u1i1111 e ighty percent (IOS ) of its cap1cit,y in the Bi-City Plant, or h llllder contract with Districts or other entities, •llich l Nd i t re110111• bly to conclude thlt 1t 10011 will bt at or over the Hid eighty percent (eoi) figure, it uy requnt that the other City leue or ,ell a portion of the unu1ed uoacity of the Joint-UH. Phnt -,ed by old other City, or It uy enllrqt the Joint-Use Pl1nt. ~.is shill reuin th,: r,qht to p1rtlclpot 111 •nr .. pu,slnn nroject s for the Joint· Use flint, whether or Mt they initilted th eap1nslnn !'!9"' ••~ plann1"'1 •ffnrt<. z. The cost of any 1nl arq-11t, if required, by -City pur ~uJnt to the 11,.,., of s~ct1on II, p1r1 raph l, slllll be borne by the CI ty tht aod1t l o111l c,p.ctty shall bt ~ by H d C:iiy . 3. l n tht event bOtll Citi es rNuir11Gditl0111 I olant catwcity, they s na II Sha rt , • \Ill o t "'' vtflt"4 I "" O of 111, •fl<re• td c, ~cit y •• " tne -t t t • I • • - • • • • • • 5. SECTION Ill FINANCING l. Alloc1tion of 1nnu1l ch1~s 111d dateNiMtion of rites for opention of the Ii-City Pl1nt shall be deteNined in the fol lo,,,lnq Mnner : 1.1 The total 1nnual ch1"91S for the operation and 111ainten1nce (herein1fter referred to u DIM) for Hcil yHr shill be bued on 1ctu1l cosU 1nd use u related to vol..e of se,o1ge contributed by Hcil C1ty. Costs will be 1pportioned according to fixed 1nd vari1ble costs 1 hted in A9pendh l.Z Eich city shall pay OIII cosu no liter thin th• 10th day of Hch -th by apportioning one-twelfth of the total 1nnual cosU bud9eted for pllnt oper1tions and uintenance in accordance with the cost fo...ull shown in Appendix I, using the average f10W$ froa both Cities for the lO·fflOnth period iaedi1tely preceding calculation . 1.3 DIM costs shall be adjusted twice Heh year, on "-Y ht and Nov..,.r ht. to 1cto11nt for actual oper1ting cosu . The fin1l yen-encl cost 14Justae11t shill be tNsed on 1ctu&l flOWi and actual costs (including outstanding ACcounts P1Ylille) for th1t yHr . 1.• uch City will 1ccrue t ntel"flt on 1dv1nce piyNnts for QIN costs tn proportion to relat ive contribution. TIit fin1l yHr•end cost 14Justae11t will account for Interests HNled by both cities . 2. In the even.t capiul Npi lrs 1re necesury requlrlnn lll)endi ture of funds 11>0va those which the Jolnt•UH Phnt hu ~t ,u dhp0ul. they shell be ~Id one-hilf by HCh Ct ty; but If i n the future. thr'OIICIII pl1nt :,ttluqe• .,.nt, 11111 City .ctu•ll.l' owns 111re of the phnt, they 11111 be boed on tl\t then ulltl"9 ratio of -"1hip . • I • • n - • • • • -6 · 3. A C1p l ul Relnvestaent Account shill be Initiated In fiscal year 1983 with the intent of setting aside funds on 1n 1MU1l basis for covering depreciation costs fo r capital assets of Joint-Use WTP (the l'ftCtlvtted Englewood Wastewater Treataent Plant 1s explicitly not considered In the Capital_ Rtinvestatnt Account). The cap i tal reinvestment account shall be unaged as follows : J . l tbe capital ceiovesteat 1,ceuot wUJ bt htld i n btO seoerate" accounts (one Heh city) defined specifically for this purpose, to be I nvested and !fnlGed independently by each city. Annual reports on the Capital Rt1nves-t accounts will be subll1tted to the Supervisory C-lttff for review . 3. 2 The distributi on of funds to tht capi tat reinvest - MIit account will be allocated on an annual bash through budget 1pprov1 l of the c1 ty counc l ls of both Cities . Total annual contribution to the cap i tal reinvestaent 1cco1111t shall be depos i ted quarterly I n four equa l dhburs-u, each dis· burs-nt Melt I n advance by the 10th cit.• of the f irs t aonth of Heh quarter . 3.3 The t ota l annua l contri buti on to the cap i ta l re lnvestNnt 1ccount shall be approved by 111,jor ity vote of both ci t y counci ls by Dtc-.r 1st He/I yea r. [,ch city shill con t ribu t e to t he ~ccount In proport ion to reluhe ownership In the Joint-Use Plant . 3.4 The In tent of the uol tat relnvestaont account h to set as I 01 f1111ds In pro port I on to the total 1nma l d1prec11t1on ~, adjusted for 1nf1 1t1on 1nd prestnt worth of Jointly-owned f1cllltios. To anht the bud'1el lnq ~ lnfhtlon •nd present worth ,11111 be CQalMltld 1nnu1lly uS1nq tllt EPA ConstNctlon Cost Ind .. for L•roe City Adv1nced Trt1t1•nt (LCATl 111 tht Denver Area . TII d1te of reference for the tnl thl hcl If ties shall be the fourtll qu1rt1r of 1917 (EPS CCl•IZl). u4IS1Qutnt 10dltlon • I • • • • • . - -7- shall be rtfer1111ctd to the quarterly Index of start- up of new facflltles. Accounting and dtprectatton of capital assets shell be accordlll!I to Appendix II. The estimated annual depreciation shall be prtpartd by July 31st of each year for the upcoalng year, and this infol'Mtion will bt •cit avaflable to both cities as f guide for budgeting purpoHs . TIie actual c;or.trlbution shall be dete,,.,ined through budget approval by both City Councils u defined In Section !II-3.2 of this Agre-nt . 3.5 Funds ff'GI the capital rtin--t acc::ount shell bt used for repla-t or refurtil1hilll of uhting factlttlts or equip11111t at tilt Joh1t-UH Plant only . In this regard, funds can bt iatd for replaC i"9 utsti"9 facflitlH or equip11111t with altef'llltlve technoloV , prov i ded tht in~ funct i on of the -facilities h tile,_ a fo,r tilt facflltie, replaced . Eap11cltly, thh •-t ts not lntandtd for plant aapansion, operating and •i nta111nce upenHs, replacing facl11tlts at tht Engl~ llfTJ or a119 - i-rln9 feas. My iaa of thh account aist bt approved by tht Supervisory Coal ttet, and tJqllll• dltul'fl -t bt o .. r $2,000 for aach activ ity. SECTION IV. SERVICE AREA l. It 1s a basic conceot of logical devalooaent of ,_r treat.Nnt hcflltles t11at collection syst..s serve dralnaoe basins which flow naturally bv onvlty . bctt1t where ••htln9 contracts with Districts, or other entl • ties , present leqal 1_.ilaents ..tllch ca-t bt over- ,_ by neqotlat l on and _.i.ant, ft ts aqrttd thlt each City shall 11rv1 thOH drain..-basins wlllth flow naturally to tht colltctlOII fatillt1H of the uld Cttv . ,loppndh lit. J p or ,1111 Main~ bHIM. ··-· trvl(t d11tr1 c n. •"4 s.rv1 ce ""' of UM twt Cities, 11 ttUthto to •I'd -• oart of this A4-t. If 111 lrP• $1rln• 1 rv,ce h 1n t11t drain -11 111 of - t l O, 'lllt u,at Ci ty refv I HNI , tlltf> tllt H(OM • I • • • • • • • 9. City 1111 serve 1t upga annmval by the first Qtt_ "Refusal to ~erve• shill Nin th1t upon written app11cltion, the City involved shAll expressly deny service to the appl1e1nt; iap11ed refusal shall 11e1n th1t upon written 1ppl1c:ation, the City involved does not respond in writing within sixty (60) dqs froa the d1te of 1ppl1c:ation; conditional 1pproval of service shill not be construed 11 1 refusal of service. There shall be no exP1nsion of service by one City across or into b11ins which n1turally drain to the collection flci11tits of the other City, except II hereinabove provided. SECTION V. MISCElL.ANEOUS 1. This contr1ct shill exist In perpetuity, 1111less terainlted by 1111twl ag-t or operation of law. Upon teraln1t1on of this At-t, aneta lhall be divided between the Cities In such -r u they NY agree uPOn, bl<t In the .iisence of such a41-t, then by appra i ul with 1 "9Der of the ~rai11l Institute (MAI) be i ng designated by the Cities, or In the absence of an ag-t on the Identity of the MAI, by 1n HAI 1ppratser des1gn1ted by the presiding Judge of the EightHnth Judtct1l Dtstrtct of the State of Color1d0. 2 . In order to provide for proper 111na-t of the Joint f1clllty, tt Is understood 1nd aoreed th1t d11'9Ct taps to tht trt1tNnt pl.ant, or to the lnterce11tor 11ne shall be In • 11,n,_ stze of 11~ht (8) tnc/les . 3. Ltttl•ton shall reurve for Cnal .-cl 's use reserve c1p,ctty of one .. 1111on 91l111n1 per day 1vf'r1Qe flow In tlle sixty-sh (66) lnr.h lnterctotor IIM which conv-,.1 Llt t leto,,'1 sewaqe to the 81-r.l ty Plant • • ) I • • • - • • • 9. Done and si~ned as of the day and year fint above written . CITY OF LlmETOII By. __________ _ President of City Council ATIES T . city clerk CITY Of EN&LEWOOO ·ay. __________ _ Mayor ATIEST clt1 Clerk Approved as to Fol'II Rick Dewitt, City AttOl'MY City of En,1-,I Approv...S u to Fol'II Larry SartowlU, City AttorMy City of LlttlatOfl I • • • • - • • • • • APPENDIX I SQIEOUI.E OF QPWTll*S Ml> MIIITDWU COST AU.OCATlOII FACTORS • AU.OCATlOII lTEM ,egqa 1, PerlOIIMl Sllaries V 2. M11aistrati011 EapeMes F 3, Laboratory F •• Rentab V s. Cllaic:als V 6, Ut.111tiH ... ~.· V 7. Vellic:les V a. Maintet11nca/Materials V 9. Sludge D1spoaal V 10, Training V 11, Professional services F 12, Collt.inge!IC1 V • V -dellotes nr1allle c:o1u apportiOMd accioNli .. to relative flow c:Ollt.r1 lluUOII, MH4 OIi 1ver191 fl-fOf' tile 10 -mntll per1 ocl i...Oiately preceding c:alc:ulat.iOII, F -deftot.es fi..a eo1u apporUININ accoNliat to relative -nllip, I • • • - • • APPENDIX II CAPITAL ACCOUIITINli CATEGORIES AND DEPRECIATION SCHEDULE tSTtAXTEb W'E PROCESS AREA SUS-CATEGORIES YEARS 1, HNdllorks A. 8u11d1119 Mlter111' and Co111truct1on 50 2. Pr1Nry Clar1f1en •• Moisture Protection 25 3. Pr1•ry Slllllle Paap SUt1on • c. Doon, Windows l Glass 15 4. OllY9efl lu 1 n and GeMl'ator D. finishes 5 s. Final Clarifier E. (q11ipa111t 15-30 6. Chlorination F. Collveying System 10 7. Anuroo1c 01 .. urs ,. IMC l P1111111119 10-30 8. Engine Gener'lton H. Process Piping 50 9. So 11 els Handli 1111 I, Elec:tri"l 40 10 . Ada1n1strat10II J, Ellt1•er1ng Sel'V1ces 30 11. Yard Pipi119 D11 tr1 llut1 on tne1 Elec:tr1"1 12 . S1i-rk 13. Tunnell 14. In,~Ution ucl Controls 15 . 11111 nt.Mnce Sllclp 16 . Veh1cle1 • I • • • • • • - .... :, .. ..... . -. . . \.:• ·-·/ \r ./ ! ,....._,, ~,i ·-'---··--····-... :-.. / -... -··.: ··-r --.. . ~ . ..,,.. .. .. .• i • :..~' f ~ ,4' I 9 t LI TTLETON r Appendix III JOINT USE LOCATION HAP All"O WATER SUPPLY INTJ..KES WITHIN FIVE MILES : 1. Joint Use Treat- l"ent Plant 2. Bear Creek Headgate 1. Allen Plant Headgate 4. •:ct.ellan Headgates s. City Ditch Headgate 6 . llevada Ditch Headgate ,)-_.. _ _,. ... --i· t .... . --~-... i I' / I • ORD INANCE NO. SERI ES OF 198~2~~~ • • • BY AUTHORITY A BILL FOR COUN CIL BILL NO. 60 INTRODU C~~BY CO UNCIL MEMBER ~1 AN ORDINANCE AUTHORIZING A CONTRACT WITH THE CITY OF LITTLETON, CO LORADO, TO JOINTLY OPERATE THE JOINT-USE WASTEWATER TREATMENT FACILITY. WHEREAS, the City of Englewood and the City of Li t tleton a r e Home Rule Cities operating under charters purs u a nt to Article XX o f the Constitution of the State of Colorado; an d WHEREAS, the power to contract with each ot her is within the scope of the basic powers of both cities and wit hin the s pe ci fic provisions of C.R.S. 1973, 29-1-201 et seq.; and WHEREAS, considerable planning and negotia tions , involving the appropriate representatives of each city have r esul t ed in a pro po s ed c ontract to jointly operate the Joint -Use Waste water Treatment Facility; and WHEREAS, both parties have come to a mutua l agreement, which is Draft No. 7 , November 1, 1982; NOW, THEREFORE, BE IT ORDAINED BY THE CI TY COUNCIL OF THE CITY OF ENGLEW OO D, COLORADO : Section 1 . That the Ci ty of Englewoo d s hal l c ont ract with the City of Li t tl eto n, Colorado, a cc ord i ng to the prov isio n s of the written inst rument c apti o ned "Agr e em e nt Betwee n Th e Cities of Li tleton And Engl e wood, Col o rad o Fo r J oint -Us e Wa stewater Treatment F acili t ies ", wh i ch is a tta c h ed hereto, c onsisting of twelve (12) ty p e wr itten page s , and i n co rporat ed by reference. Said inst rument generally pr ovides that: a) The character of o wnership shall be tenancy in common; b) A five-member Supervisory Committee shall oversee const ruction and operation of the facility; c) Allocation of operating costs shall be determined by sp cified formulas; d) Subsequent plant e n largement shall follow described guidelines; e) Fin ncing , service area , and contingency procedures sh 11 be as detailed therein . Sec ion 2. Th M yor of th City of Engle wood is hereby au horized nd dir ct d o xecute th instrument incorporated by reference in Sec ion 1 and the Director of Finance, ex officio City • I • • n - • • • • • Clerk -Treasurer, shall duly attest said exe cution. Introduced, read in full, amended, and passed on f i rst reading as amended on the 15th day of November, 1 98 2. Published as a Bill for an Ordinan ce on the 17th d ay of November, 1982. Attest: Eugene L. Otis, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify th at the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on f irst reading on the 1st day of November, 1982. Gary R. Higbee • I • • - • • • • • DRAFT NO. 7 NOYE14BER 1, 1982 AGREEMENT &£TWEEN THE CITIES ,OF LITTLETON AHO ENGLEWOOO, COLORADO FOR JOINT -USE WASTEWATER TREATMlNT FAGILITIES This Agre-t, entered into thh ______ day of----- 19 __ , by and between the City of Littleton, Colorido , a mun i cipal corporation of the State of Colorado (hereinafter referred to a s "Li ttleton •) and City of Englewood, Colorado, a 11111nictpa l c o r po r a- tion of the SUte of Co lorado (hereinafter referred to as "Englewood "): WHEREAS, on the 2nd day of July, 1973, the Cftf es of Littleton and Englewood entered fnto an ag-nt for construction and operat- t f on of the Joint-Use Wastewater Treatllent Plant, 2900 South Platte River Drive, Englewood, Colorado 80110 . WHEREAS, tllfs contract was entered fnto pursuan t to t he bu tc powers of the C1tfes to contract with each other and, further, pur-. suant to enactaent by the State Le!11slatul"9 fn 1971 of an amenc!Nnt to C.R.S 1973, 29·1-201; and ~EREAS, to au.,...,t c1p1cl ty of the J oint-Use WIITP , the En9e l wood Was tewater Tre1t1111nt Plant, 1100 Bites A•-· Engl~. CO, 80110 , was reno .. ted and placed fn service in Septlllber, 1982 ; a nd ~EREAS, for purposes of this ag-nt the fol l ow 1na def initions w111 be used : Jof nt-U se wrr Eng l ewood WTP I i-City W TP -Joi nt -Use aste,,ater TrHtlllen t Plan t 2900 S. Platte River Drive Eno 1 ewood , CO 80110 • Eng l ewood Waste,,ater TreatNnt Plant 1100 81 tes Ave Enq l ewood . CO 801\0 • Coo,o 1ned operat i ons of Jo int-Use TP Jnd Eng l ewood WTP ; Jnd WH EREAS, t he Ci t y of En g l ewood 1s the s ole own er of the Ertalewood WT P JnO, WHER EAS, Li ttl eton 1nd Enqlewood, by prev i ous 19re nt. are J oi n t own~rs of the Joi nt -U se Pl •n t, 11th uwn,no Jnd are entitled to fifty Perc e nt (50 ) of the o oertti no c,p1c;1ty of the Jo1nt-Use Phnt • I • • - r • • • • -2- which c1p1cl ty is 11111roxl1111tely 20 111111 Ion g11lons per day (ll!ld) with Littleton be i ng enti t l ed to approxi1111tely 10 119d and Englewood being entitled to 1pproxlMtely 10 agd; 1nd, WHEREAS, it 1s the intention of the Cities of Littleton 1nd Englewood to Mn1qe and operate the Englewood WTP In conce rt with, ind within the 1dalnhtr1tive structure est1blhhed for, the Joint- Use WTP; 1nd, lflEREAS, the buic concept of this Agr-t 1s th1t ne ithe r City shill be a custONr of the other , but r1ther the Cities sha ll operate the Bi-City Plant wi th costs of add i t i ons, and costs of operation and Mint1111nce being divided bet-~ in I fair and equitable Mnner as set forth hereln1fter with greater specificity; and. WHEREAS , over the put sever1l yHrs, oper1tions ind .. n1g-nt of the Jo i nt-U se Plant hne c h1nged , .the c~i taent betwen the Cities of L1ttl1ton 1nd Engl-.:! hH changed, the understanding of open-. tlons 1nd Mn1q-nt has been refined, and planning has begun for expand i ng the J oint-Use Pllnt with construction of new facilities and --t.he ·1dd ltion of t he reanv1ted Engl ewood Phnt, 1nd WHER EAS, t he Clto\u of Li t tlet on ind Eng l ~ agree that I t 1s In the best In teres t of both Cities to -.nd the 2nd day of J ul y , 1973 agre-nt conce rning the Joi nt-U se ll1S tewater Tre1tllent F1c 1li t y to 110re accurately represent the need s of both p1rtles . IOI THER EFOIIE, IT IS AGREED by and betwen the pa rties hereto that this ag re-nt sha ll r eplace the 2nd day of J uly. 1973 aqre-t ts t e und ernand lng be tween citi es on -rshl o and operltlon o f the 1 1- CI ty Phnt SECT! O,ERATIOII u u,~ Ul>f',.vuo,·y C~1tt11 •nd wh i ch shall con - sist of t wo • .-1n ,Hr1t h e .-ploy111 fl"Oa 1ch city , Jes- 10n1ttd by t he City l1 J n10 r of e.ch Ci ty , ,h11l ove r see 4 11 uHrHlun~ or the Joint r.c,ll t• and ,ttend4nt MtUrs . , 1on1 sha ll be Nde by .,.Jortty vote , In the eHnt tlllt a 11orny ,nt1 u nno t be trrhtel at on any 111.1tttrs w1Lh1n • I • • • • • • -3- the scope of the Ir authority, then, and In that event, a fl fth member of the Supervisory C011111lttee shall be appointed for the purpose of reaching a detemination of that issue . The fifth 11etllber shall be an individual whose Identity 1s agreed upon by the two Cities, or in the absence of such agr-nt, the fifth mealber shall be appointed by the presiding judge of the Eighteenth Judicial District of the State of Colorado, and this fifth ...i,er so 1ppo inted shall be one who 1s experienced and educated in the field of wastewlter tre1tment, and the operation of treatment plants. Costs for the fifth 11ellber shall be apportioned equally to both cities (SOS each) out of the Bl-City Plant Operating budqet . 2. The Supervisory CoG'lll l ttee shall hold aonthly -tlnqs to discuss plant operations and administration. 3. The City of Englewood shall operate the 8i-Cft,y Phnt u~er the control of the Supervisory C:0.ittff. Englewood shall be rehlbursed for Littleton's share of the Bl-City Plant operating expenditures based on actwl verifiable cons as established under Section III, plus an alillnistr1tion fee of thrH percent (3S) of the total operating budget, exclusive of the Capital Reinvestaent Account defined In Section 111-3 and capital outlays for new equl1>Nnt or facilities. 4. With in one (1) yHr from the date of this contract, uch Cl ty <hal 1 adopt and enforce lndustrhl waste .. naq-,,t Ordln,inccs control lfnq Influent to tht plant, and sha ll enforce vffluent standards th~t COIIPlY with existfn9 state and federal regulations . In the event thilt the ordinance of one City permits ~•utlnq sewer custoooers to cont1nu" to dlscharqe wAstt cont~lnlnq J higher 800 con- tent, th n, and In hat event, that City shall pay an 1dd1tion1I sua to be det1r•11ned by the Suoerv1'orv C ltttt. Both Clt1t1 s nall rtQUirt c-llanct with u1d ord1n1nc11 froa HCh of the districts wnleh tnty Hrve . S. n.1 r HLt lV ltld £11ql OUd lstfWlttr Tre1tr.,tnt Plant will be I • • • • • • -4- direct ion of the Supervisory Con,fttH, and operating costs for the EnglNOOd WWTP facilities will be apportioned to both cities H stated in Section Ill of this Agre-nt . The Engle - wood WWTP will reuin under soie ownenhip of the City of Englewood, and therefore wi 11 not be • coaponent in the Capital RefnvestNnt Account discussed in Section Ill of this Agreenent . 6 . Monthly reports rel ative to operation of the Bi-City Plant shal 1 be required by the Supervisory C-ittee . TM Bf-C ity Plant facilities and records shall be open for inspection and review of the parties ; 7 . Meet i ngs of the Joint City Councils for the Cities of Littleton and EnglNOOd shall be held at least once per year . 8. Each City covenants and 1grees that ft will generate suffici ent revenu15 through s-r ratu or other ••ns to Nke th• pa.)91nts necesury under the te1'91 of thh contract . SECTIOH II SU BSEQUENT PlAIIT ENLARGEMENT 1. At such tiN H e ither City h usf1111 eighty percent (aoil of i ts capac ity In the et-City Plant, or 1s under contract with Ohtritts or other entities, wllfch l11d ft l'ffsona- bl y to concl ude that it soon wil 1 be at or over the Hid e ighty percent (80%) figure, it uy request thit tlle other City lose or sell • portion of the unused cuacity of the Joint-Use Plant ow,ed by nfd other City, or ft uy enhrqe the Joint-Use Pl,nt . ~~, shall retain the r,qht to partic1pu fn •ny ~•p1r.S1nn nroject, for the Joint- Un Pl,nt , wheth•r or not thoy 1nltlated the upansfon request •nil phnn1n<1 "Hort<. z. Tht cost of any e•larq-•t, ff required, by OM Cl ty pursu,nt t o the t,,.,., of S c t Ion I I. paragraph I, sha 11 be borne by the fty r u,r1nq the ~lant enlarq-•t, 4nd the alldftlonal capacity sha ll be-• by stfd City. J . In the event bOtil Citi es reo ufread<lftional olant opacity, thoy shal I s nare ,,. tne oSt •114 evefltual -n•lo of th• 1 ocrea ed c• '" ty o.s,o Oft the -Ullt of the .... ,. ,, ,' ... ,...,.,., '•·J· ,,, •• b ttJ "· • I • • - • • • • • -5- SECTION Ill FINANCING l. Alloc1tlon of annu1 l ch1rges and detel'lllnatlon of rites for oper1tlon of the Bl-C i ty Phnt shill be detel'll lned I n the foll°"'lnq •nner: l.l The tot1l 1nnu1l ch1rges for the operation 1nd malnten1nce (here f n1fter referred to IS OIi!) for uch yur shill be based on actu1 l cos ts and use IS re 1 ated to YO 11-of uwage contributed by each City. Costs w111 be appo rti oned according to fhed 1nd variable costs listed In A9p1ndh l.Z Each city shill pay O&II cosu no liter thin the 10th dey of each -th by apportioning one-twel fth of the toUl a11111Hl cosU buciteted for plant oper1t lons ind ufnten1nct In 1ccordance with the cost fonnul1 shown In Appendix I, using the aver1ge flows froa both Cities for the 10-fflOnth per i od 1-.dhtely preceding calculation. 1.3 OIII costs shill be adj11sted twice Nell year, on Mly 1st 1nd Novaber 1st, to 1cC011nt for act111l operating costs . The fln1l year-end cost adj11s-t shill be based on act111 l flows alld act1111 costs (I nclud ing 011tstlndl119 1ccounts 11111ble) for that year . t. 4 C.ch Cl ty w111 1ccr11e I nterfl t on 1dva11Ce payments for O&II costs In proportion to rel at ive contrlb11t1on . The final yur-end cost ldj11s-t will account for lnteresu urned by both cities . z. In the even_t c1plul re111lrs 1re ,iec;esury req11lrlM eapend1ture of f11nds bove thOse ""lch the Joint-Use Phnt 11a1, ~t 1ts disposal. they slwll be p1ld ont•htlf by uch City: but 1f 1n the fut11re, thf'Oll<lh pl1nt ~nl1rg1- 1111nt, 11ne Clly .ctu1lly _,, •re of the pl1nt, they shill be bold on the then ••lstl119 rlt1o of -ship • • I . • • • • -6- 3. A C1pit1l ReinvestNnt Account shill be initiated in fiscal yen 1983 with the intent of setting uide funds on 1n IMUAl bHh for covering depreciation costs for capitll usets of Joint-Use WTP (the .... cth1ttd Englewood 11utew1ter Treataent Plant 1' explicitly not considered in the C1pit1l . ReinvestNnt Account). The capital reinvestaent 1ccount slwlll be -gad II follows : 3.1 The capital re1nvestMnt 1ccPYnt w11J be btld fn btR scoeratc .. 1ecounts (one each city) defined specific1lly for this purpose. to be i nvtstfd 1nd •llf9fd iftdeoendently by H eh city . AnnUAl r:,ports on the C1pit1l leinvntNnt accounts w111 be subaitted to the Supervisory c-ittN for review . 3.2 The distribution of fun4s to the c1pi t1l reinvest • -t 1ccount will be 1lloc1tecl on an annUAl bash through budget 1pproV1 l of the city councils of both Cities. Toti! annua l COfttr1bution to the capiUl relnvntaeftt 1c~t 111111 be deposited qyuterly In four equ1 l dhburs-ts, Hell dh· burs-nt Nde in 1dv1nce by the 10th u,,• of the ffrs t aon th of Heh C1111rter . 3.3 The tot1l unu.1 contribution to the capit,1 reinvntNnt 1ccount shall be IPPl"O¥ecl by ll&jor ity vote of both city councils by o.c-.r 1st e,cll yHr. Eich city shill contribute to the ,ccount in proportion to rehthe -rshlp in the Joint-Ilse Phnt. 3.4 The Intent of the c10,ul relnvestNnt 1ccount h to set uldt funds In proportion to tM tot1l ,nnu1l deprec11t1on n 1dju5ttd for 111fhtion •nd present worth of Jointly-owned f1 ilities . To u1ht the blld<11t1nq ~ lftfht10ft •nd prest11t wortll 1h1ll be caa,uttd 1nnu1l l1 u11nq tht EPA Construction Cost Incle• for L•l"Ot City Adv1nctd rre1Ulltftt (LCATI tn the 0-ver Area . TIie d1te of reference for the tnltt1l f~cllttltt ,11111 the ourt11 qutrttr of 1,11 (t,S CCl•lU). 11'5 11tnt 111dltions • I • • • • - .- .7. shall be referenced to the Quarterly index of start• up of new facilities . Accounting and depreciitton of capit1l assets shall be according to Appendix II . The estimated annual dtprec:1ation shall be prepared by July 31st of 11cll y11r for the upcaaing y11r, and this infol"Ntion will be Nde available to both cities as I guide for budgeting purposes. The actual cor.tribution shall be dete,,..ined through budget approval by both City Councils H defined in Section 111-3 .2 of this Agrt-nt . 3.S Funds froa the capital reinvestant account shill be used for repla-t or refu111ishing of uisti"'il fac111tits or equipaent at the Joint-Use Plant only . In tllfs re9ard, funds can be used for replacing existing facilities or equipalllt with alterMthe technology, provided tllt intalded function of the -fac111t1es h tlM s-u for the fac111t1ts replaced. Eap11citly, tllh a-t is not intended for plant t~nsiOft, operating and N i ntenance expenses, replacing facilities at the Engl~ 1111T' or eng- ineering fNS. My Ult of this account •st be approved by the SUpenhOI')' C-1t~. and expen - ditures -t be over SZ.000 for Neil activ ity. SECTIOII IV. SERVICE AREA 1. It 1s a buic conceot of logical devtlOPNnt of s-r truuient facilities that collectiOII systtin serve dratnaot basins which flow naturally bv orav1ty. Exct11t ere txht1ng contracts wtth Districts, or other entt- titS, present hqal iaoedl~nts lfhich cannot be over- COIie by naqotiat1on and -n<Nftt, It h IQrted that 11ch Ctty shall serve tllOst drainaqe b .. ins "" ell flow naturtlly to the collectinn fac1lttie1 of the 11td Cttv. .1oppndl1 Ill.~ o or rhn nr1in1qn bntn1. -.-r 11n1ct ~ntr,cn, •ncl urv,ce ~rt.a of tllt tw CttiH, 11 atucneo to .i•d lltde • iurt of tllh Ao-t. If an ••-• llellr1n• s rv1ce h ,n the drainaoe bHln of one City, t t111t Chy refuse& unlce. tMII tlle ttCONI • I • • - • • • • -8- City uy serve 1t upno aonmvaJ by the first <;!ll_ "RefuHl to Jerve• shill •an th1t upon written 1pplft1tion, the City invohed shill expressly deny service to the 1pplte1nt; 1aplfed refuHl shill 11e1n thlt upon written 1pplie1tion, the Cit,Y involved does not respond in writing within sixt,Y (60) uys fro11 the d1te of 1pplic1tion; conditional 1ppronl of service shill not be construed 11 1 refuul of service. There shill be no exp,nsion of service by -Cit,Y 1cro11 or In to blsins ""ich natur11ly drain to the collection facilities of the other Cit,Y, except as hereinellove provided. SECTION Y. NISCE1.LAll(0US l. This contr1ct shall exist in perpetu ity, 1111less terwinlted by a,tual 11...-t or o,entl• of 1•. Upon terwin1tion of thh Ag...-t, IIMU lhell M divided botween the Cities in such -11 ~ 1111 .. ,.. upon, but i n the absence of Midi ..-t, U... lly 1ppr 1fsal with 1 .._er of the .-.iul !Mt tllta (IIAI) boing designated by tho Cltin, or fa tllo allle<1ce of 1n ag...-t on the fdell t fty of tllo Ml , by an MAI appra i ser designated by tllo ,,..1i,1 .. J...,. of tht ElghtHnth Judicial District of tllO State of Colorado . Z. In order to provide for proper 11tna-t of tllO Joint f1c 1l tty, it ts understood 1nd 1Qreod that cltrect taps to the treatNnt pl1nt, or to the Interceptor lino shall bt In • 11in1-she of el~ht (8) lnelles . 3. Ll ttl•ton shill reserve for Enalewod's use reurve CIINCity of one 11111 Ion gal I Ms per day ottraoe now In the sixty-sh (66) l nr.h tnterctotor I lnA ""lch conveys LlttletCM Os •~ to the 11-r.l ty ?lant • I • • • - • • -9- Done and si~ned as of th• dt1 and yHr f1nt aboY• writtan . CITY OF LlffiETON By __________ _ Pras i dant of City Council ATIEST . City Clerk CITY OF EN&I.EWOOO ·ay __________ _ "-YOr ATTEST City Ci•rli ApproYad H to Fon11 Rlck O...ltt, City Attorney City of Engl_.t ApproYl!d u to For11 Larry 8erllowlu, City Attornay City of Llttl•to11 • I • • • - • • • • • APPENDIX I SCHEDULE OF OPERATIONS ANO MAINTEJIANCE COST ALLOCATION FACTORS * ALLOCATION ITEM FACTOR 1, Pef'ICIIIMl S&lartes V 2. Adlltni1tr1tion Expense, F 3, Llboratol')' F •• Rent11' V 5. tllaic:ah V ,. Utilities --· V 7. Vehi~la V •• llltnt.nanc:a/llltert1l1 V t. Sludge Dt1po51l V 10 . Training V 11, Profusional Ser,,icu F 12, Contingency V • V -denotel ver11111• eo&U apportiOMCI accof"dilll to relative flow ~tr1bllt1on, Nied OIi aver ... fl-fOf' illl 10 -1111ntll period 1...siatel1 pracedtne c:alc:ulation. f -denotff ftud costs 111110rtt0Md accor,11119 to relative -nhlp . • I • • • - • • APPENDIX II CAPITAL ACCOUNTllli tATEliORIES ANO DEPRECIATION SCHEDULE tStikXTEb mt PROCESS AREA SUB-CATEGORIES YEARS l, Huclllorks A. Bu1l di 119 Mater ii ls and Construction 50 2. Priury Clar1fiers •• IIDhture Protection 25 3 . Priury Sllldge PIIIP Station . c. Doors, Windows I Glass 15 4. 0l(19efl 1&11n and GaMr1tor D. F1n11he1 5 5. Final Cl1r1f1er E. Equipaent 15-30 6. Chlorination F. Conveying Syst9a 10 7. Alllerob1 c D11111 ten II. KVAC I Pllllb1ng 10-30 I. Engine Generators H. Procell P1 ping 50 9. Solidi Hancll1 ng I. Elec:trtc:al 40 10. Adlll1nlltr1t1on J. £1111-rtng Servtc:es 30 11. Yard Piping Db trtl111t1 OIi and Uec:trtc:al 12. St~rk 13. Tunnels 14. lna~tlt1on and COlltroll 1'. Ma 1 nteunc:e Sllllp 11. Ve111cln I • • • • • 0 ...... .. . -. ,-..,.,,-• .. _ ....... -.. \. Appendix III JOINT USE LOCATION HAP NTO WATER SUPPLY INTAKES ~ITHIN FIVE MILES: 1. 2. 1. ... s. 6. Joint Use Treat- "'ent Plant Bear Creek Headgate Allen Plant Headgate t:ct.ellan Headg.tes City Ditch Headgate llevada Ditch tteadgate t .... ,,,_ ...... • - • • • • • BY AUTHORITY ORDINANCE NO. SERIES OF 198~2~~~ A BILL FOR 7f COUNCIL BILL NO. 61 INTRODUCED BY COUNCIL MEMBE~f~/A~ AN ORDINANCE APPROVING ADDENDUM TO THE 1982-1983 CONTRACT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD EMPLOYEES ASSOCIATION. WHEREAS, by Ordinance No. 63, Series of 1982, the City of Englewood and the Englewood Employees Association reached agreement on terms and conditions of employment for the period of January 1, 1982 through December 31, 1983; and WHEREAS, said agreement provided for reopening wage negotiations; and WHEREAS, the parties have concluded negotiation of wages; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Ordinance No. 63, Series of 1981, is hereby amended to include an agreement titled ·Addendum to the 1981-1983 Contract Between the City of Englewood and the Englewood Employees Association•, which agreement, attached hereto and marked Exhibit A, is hereby approved by the City Council of the City of Englewood. Section 2. The addendum described in Section 1 hereof completes the obligations of both parties with respect to Article VIII.P. of the Memorandum of Understanding between the City of Englewood and the Englewood Employees Association adopted by Ordinance No. 63, Series of 1981. Section 3. The Mayor of the City of Englewood is hereby authorized and directed to execute the Addendum described in Section 1 hereof and the Director of Finance, ex officio City Clerk-Treasurer, shall attest the ame • .. Introduced, read in full, and passed on first reading on the 15th day of November, 1982. Published a a Bill for an Ordinance on the 17th day of November, 1982 A teat: Eugene L. Otis, Mayor ex officio City • I • • - • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of t he City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, i ntroduced, read in full, and passed on first reading on the 15th day of November, 1982. Gary R. Higbee • I • • - # • • .. • ADDENDUM TO THE 1982-1983 CONTRACT BETWEEN THE CITY OP ENGLEWOOD AND THE ENGLEWOOD EIIPLOYBBS ASSOCIATION This addendum to the 1982-1983 Contract entered into by the authGiN.zed City representatives and the Englewood Employees Association shall be a mutual request of the above-named parties that the Englewood City Council modify the current 1982-1983 collective bargaining contract to reflect that : 1 . Effective January 1, 1983 all positions covered by this Agreement {except frozen poaitions) shall receive an eight (8) per cent wage increase . 2. The frozen positions identified below have been determined to exceed the market D step of the City wage schedule by six (6) per cent or more and, therefore, shall receive a six (6) per cent wage increase effective January 1 , 1983 . Accounts Tech/Central Cashier (1 employee) Animal Warden (2 employees) Chief Store ~eper (1 employee) City Service Worker II (t employees) customer Service Representative (1 employee) Deputy Treasurer/Buyer (1 employee) Librarian I (2 employees) Librarian Aide (1 employee) Senior Surrey Driver (1 employee) Support Service Technician (1 employee) Utilities Service Clerk (1 employee) Sales Tax Auditor (1 ellll)loyee 3. The po ait i ona i dentified below it determined by the Cit y to be bel ow the market D step of the City wage schedule by six (6) per cen t or more s hall, therefore , receive a fourteen {14) per cent wag e increase effective J a nua ry 1, 1983 . Accountant Accounts P a ya ble Clerk Buyer/Superv isor City Surveyo r Clerk of Mun icipal Court Crime La b Specialist City Service Wo r ke r II Junior Account an t Support Service Techn ician Tra ffic Technician Utilities Met er Reade r Violation Bure a u Clerk • I • - • • • • • 4 . It is the intent of this addendum that any position whose wage is in excess of the market D step in the City's wage schedule for the years 1984-1985 shall also be adjusted in a similar manner described in provision 2. above, unless otherwise modified by mutual agreement of both parties. 5. Considering the complexitiea involved in the development and maintenance of a compensation plan for municipal .aployees including employee performance evaluation and reward, the City and the Englewood Employees Association will continue discusaiona after January 1, 1983 in order to adequately prepare for forthcoming negotiations in 1983. The parties reapectfully requeat this modification and by their respectiv!..l't~reaentativea have placed their signatures thereon, on this ~Y of October, 1982 at Englewood, Colorado. CITY OP DGLDOOD /l74~ (<24 ~//,~ DGLKWOOD EMPLOYEES ASSOCIATION • I • • - • • • • • BY AUTHORITY ORDINANCE NO. SERIES OF 198-2~~~ A BILL FOR 7f COUNCIL BILL NO. 61 INTRODUC?f BY COUNCIL MEMBER .[~ AN ORDINANCE APPROVING ADDENDUM TO THE 1982-1983 CONTRACT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD EMPLOYEES ASSOCIATION. WHEREAS, by Ordinance No. 63, Series of 1982, the City of Englewood and the Englewood Employees Association reached agreement on terms and conditions of employment for the period of January 1, 1982 through December 31, 1983; and WHEREAS, said agreement provided for reopening wage negotiations; and WHEREAS, the parties have concluded negotiation of wages; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Ordinance No. 63, Series of 1981, is hereby amended to include an agreement titled ·Addendum to the 1981-1983 Contract Between the City of Englewood and the Englewood Employees Association•, which agreement, attached hereto and marked Exhibit A, is hereby approved by the City Council of the City of Englewood. Section 2. The addendum described in Section 1 hereof completes the obligations of both parties with respect to Article VIII.P. of the Memorandum of Understanding between the City of Englewood and the Englewood Employees Association adopted by Ordinance No. 63, Series of 1981. Sec t ion 3 . The Mayor of the City of Englewood is hereby authorized and direct e d t o ex ecute the Addendum de sc ribed in Section 1 hereof a nd the Di r ector of Fina nc e, ex o ffi ci o Ci ty Clerk -Treasurer, sha ll attest the same. Introduced , read i n f ull, and pa s sed on f i rst reading on th e 15th day of No v mb e r , 1 98 2 • Publish ed as a Bill fo r an Ord i nan ce on the 17th day of Nov mber, 198 2 Att at: Eugen e L. Ot i a , Mayor x otllclo City Clerk-Tr • I • - • • • • • I, Gary R . Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 15th day of November, 1982. Gary R. Higbee • I • • .. • • • ADDENDUM TO THE 1982-1983 CONTRACT BETWEEN THE CITY OP ENGLEWOOD AND THE ENGLEWOOD EIIPLOYBES ASSOCIATION This &ddendum to the 1982-1983 Contr&ct entered into by the &uth~zed City represent&tives &nd tbe Englewood Employees Association shall be & mutu&l request of tbe &bove-named parties tbat tbe Englewood City Council modify tbe current 1982-1983 collective bargaining contr&ct to reflect tb&t : 1. Effective J&nu&ry 1, 1983 &11 positions covered by th i s Agreement (except frozen positions) sb&ll receive an eight (8) per cent w&ge incre&se. 2. The frozen position• identified below b&ve been determined to exceed tbe m&rket D step of tbe City w&ge schedule by six (6) per cent or more &nd, therefore, sb&ll receive a s i x (6) per cent w&ge incre&ae effective J&nuary 1 , 1983 . Account• Tecb/Centr&l C&abier (1 employee) Anim&l W&rden (2 employee•) Chief Store ~eeper (1 employee) City Service Worker II (4 employees) Cuatomer Service Repreaent&tive (1 employee) Deputy Tre&aurer/Buyer (1 employee) Libr&ri&n I (2 employee•) Libr&ri&n Aide (1 employee) Senior Surrey Driver (1 employee) Support Service Technician (1 employee) Utilities Service Clerk (1 eaployee) S&les Tax Auditor (1 91111>loyee 3. The poaitiona i dent i fied below if determined by the Cit y to be below t he m&rket D a tep of tbe City w&ge acbe dule by six (6) per cent or more a b&ll, t herefore , r e ceiv e & fourteen (14) per cent w&g e incr e &a e e ffective J&nu&ry 1, 1983 . Accounte.nt Account• P&y&ble Clerk Buyer/Superviaor City Surveyor Clerk of Municip&l Court Crime La b Speci&liat City Service Work er II Junior Accouot &nt Support Ser vice Technician Traffic Teebnicie.n Utilities i.ter Re ader Viol&tioo Bureau Clerk .-:----------------• I • • - ·~ • • • • - 4 . It is the intent of thia addendum that any position whose wage is in excess of the market D step in the City's wage schedule for the years 1984-1985 shall also be adjusted in a siQilar manner described in provision 2. above, unless otherwise modified by mutual agreement of both parties . 5 . Considering the complexitiea involved in the development and maintenance of a compensation plan for municipal .-ployees including employee perfol'lll&Dce evaluation and · reward, the City and the Englewood Employees Association will continue diacussions after January 1, 1983 in order to adequately prepare for forthcoming negotiations in 1983 . The parties respectfully request this modification and by tbeir respectiv!..iP~resentatives have placed their signatures thereon , on this ~Y of October, 1982 at Englewood, Colorado. CITY OF BNGLBWOOD :?nee&<!~ (<24~//,~ DGLKWOOD BIIPLOYBBS ASSOCIATION Ofta 1fAtt/l /" ).L\ ~& • I . ORDINANCE NO. SERIES OF 1982- • • • BY AUTHORITY COUNCIL BILL NO. INTRODUCED BY Council Member~----- AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE WITHIN THE NORTH SECTION IN PAVING DISTRICT NO. 26, IN THE CITY OF ENGLE- WOOD, COLORADO; APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID NORTH SECTION; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE NORTH SECTION; PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS; AND DECLARING AN EMERGENCY. WHEREAS, by Ordinance No. 14, Series of 1979, finally passed and adopted on April 2, 1979, the City Council has created Paving Distr i ct No. 26, within the City of Englewood, for the pur pose of constructing and installing street paving, curb, gutter and sidewalk improvements, together with necessary incidentals, on certai n streets within the City; and WH EREAS, the i mprovements wi t h in the South Sect i on of the Di str i ct author i zed by sa i d Ordinance have been completed and accepte d by the Ci ty and as s e s sments have been levied aga ins t those property ow n ers who have benef ited from such i mprovements, for a po r tion of the c ost of th e pro j ec t ; and WHE RE AS , the i mp r oveme nts wit h i n t h e ~ Sectio n of the District hav e now been completed and accepted b y t he City and the whole cast of such improve ments has b een de termi n e d ; and WHEREAS, an assessment roll has been prepared for the North Section and a statement showing the total cost of the improvements has been duly filed with the City Council; and WHEREAS, from the statement made and filed with the City Council , it appears that the whole cost of said improve- ments within the North Section is the amount of $81 ,835.59, of wh ich amount the City of Englewood will pay $50,017.37 1 av ing $31,818.22 to be a sessed against the real property within the North Section in the District, said amount including coats of inap ction, collection and other incidentals and also including in ereat as allow d by law; and • I • • n • • • • • WHEREAS, from said statement it also appears that the City Council has apportioned a share of the whole cost to each lot or tract of land within the North Section in th~ District, in accordance with the benefits to be derived by said property and in the proportions and amounts severally set forth in Exhibit A attached to this Ordinance: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Confirmation of Assessment Roll. That the whole cost and apportionment of the same within the North Section is hereby approved and confirmed, and said apportionment is hereby declared to be in accordance with the special benefits which the property in the North Section in the District will receive by reason of the construction of said improvements, and a share of said cost is hereby assessed to and upon each lot or tract of land within the North Section in the District in the proportions and amounts as set forth in the assessment roll, attached hereto as Exhibit A. Section 2. Payment of Assessments. That the assess- ments shall be due and payable at the office of the Director of Finance of the City of Englewood, wit hin thirty days after the final publication of this Ordinance, without demand: provided that all such assessments may, at the election of the property owner, be paid in installments , with interest as hereinafter provided. Failure to pay the whole assessment within said period of thirty days shall be conclusively considered and held an election on the part of all persons interested, whether under disability or otherwise, to pay in said installments. such election shall be conclusively . held and considered as a waiver of any right to question the power or jurisdiction of the City of Englewood to construct the improve- ments, the quality of the work, the regularity or sufficiency of the proceedings, or the val id i ty or the correctness of the as- sessments, or th validity of the lien th reof. -2 • I • • • • • • In the event of such election to pay in install- ments, the assessments shall be payable at the office of the County Treasurer of Arapahoe County", Colorado in ten ( 10) equal annual installments of principal, the first of which installments of principal shall be due and payable on or before the 1st day of January, 1983, and the remainder of said installments shall be due and payable successively on or before the 1st day of January, in each year thereafter until paid in full, withinterest on the unpaid principal amount at the rate of 10.501 per annum, com- mencing on the date of publication of this ordinance by title following final passage and payable each year at the time of paying installments of assessments. Section 3. Penalty for Default or Non-Payment. Failure to pay any installment, whether of principal or interest, when due shall cause the whole of the u npaid principal to become due and payable immediately, and the whole amount of the unpaid pr i ncipal and accrued interest shall thereafter draw interest at the rate of one per centum (11) per month, or fraction of a month, until the date of tax sale, as provided by law. At any time prior to the date of the tax sale, the owner may pay the amount of all unpa i d installments wi th i nterest at one per cent um ( 11) per mo n th, or fr a c tion of a month, and all penalties accrued and shall thereupon be res t ored t o the r ight t he r e after to pay i n ins t al l me nt s in the s ame manner a s i f def au l t had not been suf f ered. Th e owne r of any pro p e r t y n ot i n de fault as to any ins t allmen t o r p aym ent may , at any time , pay the whole of the unpai d principa l with accrued interest to the date of the next assessment installment payment date. Section 4. Discount on Payment of Assessments. Pay- ments may be made to the Director of Finance at any time within thirty days after the final publication of this Or dina n ce , and an allowance of five per cent um ( 5 ) will b e ma d e on all payments mad during such p riod, but not thereafter . Th e d iscou n t of 5 1 shall apply to all such paym nta , wh t her the p ayment ia the entire amount of aas sam nt du , or a part of the assessment. -3 I • • • • • • • Immediately after the expiration of such thirty day period, the assessments shall be certified to the County Treasurer of Arapahoe County, Colorado, for collection, as provided by law. Section 5. Assessment Lien. All assessments levied against the real property within the North Section in Paving District No. 26, together with all interest thereon and penalties for default in payment thereof, and all costs in collecting the same, shall constitute, from the date of the final publication of this ordinance, a perpetual lien in the several amounts assessed against each lot or tract of land. Such lien shall have priority over all other liens except general tax liens, and shall be enforced in accordance with the laws of the State of Colorado. If any tract of real property included within the North Section in the District is hereafter divided or sub- divided into two or more such tracts or parcels, the Direc- tor of Finance, with the assistance of the Director of Public Works, is hereby authorized and directed to divide the assessment against such tract in the same proportion that the tract itself is subdivided into two or more such parcels, and to certify the revised assessments to the County Treasurer of Arapahoe County, Colorado. Section 6. Payment of Special Assessment Bonds. The amount of assessments herein levied against the property specially benefited within the North Section, in the total amount of $31,818.22, together wit h the proceeds of the bond issue and not needed for the construction of the improvements, if any, and the amount of the assessments previously levied against the property within the South Section in the District, will be in an amount sufficient for the payment of the outstanding bonds ·issued for Paving District No. 26, dated June 1, 1980, in the principal amount of $100,600. Section 7. Severabil ity. That if any one or more sections or parts of this Ordinance shall be adjudged unenforce- able or invalid, such judgment shall not affect, impair or in- validate the remaining provi ions of this Ordinance, it being the intention that th variou provisions hereof are severable. 4 - I • • - • • • • • Section 8. Emergency Provision. By reason of the fact that bonds of Paving District No. 26 are now outstanding and that interest thereon has become due and payable, funds must be made available from assessments at the earliest possible date for payment of such interest, and for the immediate preservation of the public property, heal th, peace and safety, it is hereby declared that an emergency exists and that this Ordinance shall take effect upon its final passage. Section 9. Repealer. All ordinances, or parts thereof, in conflict herewith are hereby repealed. Section 10. Hearing. In accordance with the City Charter and the Municipal Code of the City, the City Council shall hold a public hearing on this ordinance, before final passage at 7:30 P.H. or at such later time on December 6, 1982, as Council is able to hear it in its normal course. Section 11. Publication and Effective Date. This Ordinance, after its final passage, shall be numbered and record- ed, and the adoption and publication shall be authenticated by the signature of the Mayor and the Director of Finance, ex-officio Ci t y Clerk-Treasurer, and by the Certificate of Publication. This ordinance shall take effect immediately upon final passage and shall be published within seven days thereof. Introduced, read in full, and passed on first reading on the 15th day of November, 1982. Publish d as a Bill for an Ordinance on the 17th day of November, 1982. Eugene L. Otis, Mayor At st: x officio City Clerk-Tr surer -5- • I • • - • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the foregoing is a true, complete and accurate copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 15th day of November, 1982. Gary R. Higbee -6- • I • • • • - . lJUQ!irflOH Of .-WONNIY l .. NAMl: A.NU AOOME$$ ... -WIOIYlilON I 1971 33 2 00 001 Part of NW l/4 of NW l/4 Soc 33 $4,839.83 Charter P,>go, Inc. doac as bug at SW cor, thane<> \ Roy 1::. Galley N 570 ft, Th E 30 ft to true 2700 s. Zuni St . POB,Th E 320 ft, Th N 4<i0 ft, Th P.O. Dox !2~8 w 320 fl., Th S 460 Ct lu pl uf J:':nglewoou, ('<) 00110 l>cg 33-4-68 2 I 1971 JJ 2 00 004 Dog 230 ft N, JO ft E of SW $4,053.82 All AIIDCian Boetlin<J Q:J. cor NW l/4 NW l/4: Th N 340 ft ; 3 c/o ·rorta ... n, Little , Th E 420 ft; Th S S70 ft ; Th 1'1 5rrri:raon 1\VO • 242 ft; Th N 230 ft; Th W 178 ft , to beg ox S 60 ft for rd 33-4-68 Now York, -H. Y. 10022 ' -,. • . .... F.ng lo"'ood , City of Dog 60 ft N, 192 ft E of SW $ 266.07 3400 s. Elati cor NW l/4 N\'1 l/4 sec 33-4-68 5 En9lo"10od, co 00110 Th N 69.0 ft; Th W 91.~ !t; Th N 100.2 ft; Th E 97,S ft: Th S 170 ft; Th W 16 ft to l)eg 33-4-68 6 .. -1971 33 2 00 006 a.11 230 ft N, 30 ft E of sw cor $1,227.38 lloynio, Rollph I':. ' NW l/4 NW 1/4 Soc 33-4-68 ; Th E 7 Jcannino s . 00.5 ft; Th S 100.2 ft ; Th E 222~ S. Julioln St. 81.5 ft; Th S 69.3 ft: Th W 162 D<:nvar, co 80219 ft; Th N 170 ft to b<'g ex w 5.5 ft Sec 33-4-68 U7l ,33 2 05 009 1'2 l YAlo-Tojon Induatrial $2,674.42 -Ch&rtaz ••110, Inc. Park 9 Matkin 6 Co. \ Nr. White 2820 8. &w,i St. ~levood, co 10110 -.. 10 1971 33 2 07 001 l 1 Viata Uta, 2nd rlg $2,267.30 II . Jloaanin, Nata lo .2360 w. D&toa 1\venuo Englewood, co 80110 1971 33 2 07 002 2 l V Ota Hta , 2nd l'lg $2,289.22 ~.John •• ' 12 Crio Ann. JT Ten 2900 .•• luni St. r.nft'I ---.a co an11n U7l 33 2 07 003 l Tract J, V1ata llta, ll\4 $2,180.55 Piant, Waldo s. ' Fl9. 13 Durluul, P.A. 4634 W. Tufta Cir """V"P co aoi16 .1971 33 2 07 004 4 U l V1•t• llt•, .:no r19. ~.:,11:111 • .SU ProoaAn, h.O. 14 3089 llilluda l'l Littleton, co 80123 I • • 16 ...... E XH ;13;, A ~ • - I I I • I I I / I I ,. ', i ! ~ 2 6 .. _,o It 12 u " .. t __ • 1971 33 2 08 001 Blair, W. Donald ~ sarbo.ra J . , J1.' 1.'en 3000 s. Zun i St. Cnqlowood, co HOllO ·1971 33 2 Od 00~ . Blair, Donald , . llilrbara J., JT Ten 3051l s. Zuni St . . h->•wood co 80110 • • • .. 1-2 7 VJ.ata Uta, 2nd Fl9 . 'l'rAct. l, Vl»L'1 UL», :tnJ Fl9 • 1971 33 l 08 gg~ 4 ·5 7 Vista Hta, 2nd Pl9. i:99er , Marvin P . 2397 w. Dart.-.uth Avenue £nalewoocl, CO 80110 i ··, .' .. -··- .· ..._.,: -- ··z--. .. , ~ .... . : .. : ..... · -.. -~-------~-~-~-.-•.---,----- • $3,064.47 $2,224.85 $3,872.01 I • • • • • • BY AUTHORITY ORDINANCE NO. SERIES OF 1982- 72,- COUNCIL BILL NO. 59 INTRODUCED BY - Council Member _';:{./--'--·<-1.."--'~'---~~- AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE WITHIN THE NORTH SECTION IN PAVING DISTRICT NO. 26, IN THE CITY OF ENGLE- WOOD, COLORADO; APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID NORTH SECTION; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE NORTH SECTION; PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS; AND DECLARING AN EMERGENCY. WHEREAS, by Ordinance No. 14, Series of 1979, finally passed and adopted on April 2, 1979, the City Council has created Paving Distrift No. 26, within the City of Englewood, for the purpose of constructing and installing street paving, curb, gutter and sidewalk improvements, together with necessary incidentals, on certain streets within the City; and WHEREAS, the improvements within the South Section of the District authorized by said Ordinance have been completed and accepted by the City and assessments have been levied against those property owners who have benef ited from such improvements, for a portion of the cost of the project; and WHEREAS, the improvements with i n the North Section of the District have now been completed and accepted by the City and the whole cast of such improvements has been det ermined; and WHEREAS, an assessment roll has been prepared for the North section and a statement showing the total cost of the improvements has been duly filed with the City Council; and WHEREAS, from the statement made and filed with the City Council, it appears that the whole cost of said improve- ments within the North Section is the amount of $81,835.59, of which amount the City of Englewood will pay $50,017.37 leaving $31,818.22 to be assessed against the real property within the North Section in the District, said amount including costs of insp ction, collection and other incidentals and also including int rest as allow d by law; and • I • • / • • • • WHEREAS, from said statement it also appears that the City Council has apportioned a share of the whole cost to each lot or tract of land within the North Section in t~e District, in accordance with the benefits to be derived by said property and in the proportions and amounts severally set forth in Exhibit A attached to this Ordinance; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Confirmation of Assessment Roll. That the whole cost and apportionment of the same within the North Section is hereby approved and confirmed, and sa i d apport i onment is hereby declared to be in accordance with the special benefits which the property in the North Section in the District will receive by reason of the construction of said improvements, and a share of said cost is hereby assessed to and upon each lot or tract of land within the North Section in the District i n the proportions and amounts as set forth i n the assessment roll, attached hereto as Exhibit A. Section 2. Payment of Assessments. That the assess- ments shall be due and payable at the office of the Director of F i nance of the C ity of Englewood, within thirty days after t he f i nal publica tio n of this Ordinance, without demand; provided that a ll s uch as s e s sments may, at the elect ion of the property o wner, be pa i d in i n stallments, wi t h interest as hereinaf t er provided . Fa il ure t o p ay the whole a s sessment within said period of thirty days shall be conclu s ively c o n s idered and hel d an election on the part of all persons interested, whet h e r unde r disability or otherwise, to pay in said installments. Such election shall be conclusively . held and consider d as a waiver of any right to question the power or jurisdiction of the City of Englewood to construct the improve- ments, th quality of the work, the regularity or sufficiency of th proc dings, or the val id i ty or the corr ctness of the as- sessment s , or the validity of the lien thereof. -2 • I • • • • • • In the event of such election to pay in install- ments, the assessments shall be payable at the office of the County Treasurer of Arapahoe Countf, Colorado in ten (10) equal annual installments of principal, the first of which installments of principal shall be due and payable on or before the 1st day of January, 1983, and the remainder of said installments shall be due and payable successively on or before the 1st day of January, in each year thereafter until paid in full, withinterest on the unpaid principal amount at the rate of 10.501 per annum, com- mencing on the date of publication of this ordinance by title following final passage and payable each year at the time of paying installments of assessments. Section 3. Penalty for Default or Non-Payment. Failure to pay any installment, whether of principal or interest, when due shall cause the whole of the unpaid principal to become due and payable immediately, and the whole amount of the unpaid principal and accrued interest shall thereafter draw interest at the rate of one per centum (11) per month, or fraction of a month, until the date of tax sale, as provided by law. At any time prior to the date of the tax sale, the owner may pay the amount of all unpaid installments with interest at one per centum ( 11) per month, or fraction of a month, and all penalties accrued and shall thereupon be restored to the right thereafter to pay in installments in the same manner as if default had not been suffered. The owner of any property not in default as to any installment or payment may, at any time, pay the whole of the unpaid principal with accrued interest to the date of the next assessment installment payment date. Section 4. Discount on Payment of Assessments. Pay- ments may be made to the Director of Finance at any time within thirty days after the final publication of this Ordinance, and an allowance of five per centum (51) will be made on all payments made during such period, but not thereafter. The discount of 51 shall apply to all such payments, whethe r the payment is the entire amount of assessment due, or a part of the assessment. -3 • I • • • • • • Immediately after the expiration of such thirty day period, the assessments shall be certified to the County Treasurer of Arapahoe County, Colorado, for collection, as provided by law. Section 5. Assessment Lien. All assessments levied against the real property within the North Section in Paving District No. 26, together with all interest thereon and penalties for default in payment thereo f, and all costs in collecting the same, shall constitute, from the date of the final publication of this ordinance , a perpetual lien in the several amounts assessed against each lot or tract of land. Such lien shall have priority over all other liens except general tax liens, and shall be enforced in accordance with the laws of the State of Colorado. If any tract of real property included within the North Section in the District is hereafter divided or sub- divided into two or more such tracts or parcels, the Direc- tor of Finance, with the assistance of the Director of Public Works, is hereby authorized and directed to divide the assessment against such tract in the same proportion that the tract itself is subdivided into two or more such parcels, and to certify the revised assessments to the County Treasurer of Arapahoe County, Colorado. Section 6. Payment of Special Assessment Bonds. The amount of assessments herein levied against the property specially benefited within the North Section, in the total amount of $31,818.22, together with the proceeds of the bond issue and not needed for the construction of the improvements, if any, and the amount of the assessments previously levied against the property within the South section in the District, will be in an amount sufficient for the payment of the outstanding bonds ·issued for Paving District No. 26, dated June 1, 1980, in the principal amount of $100,600. Section 7. Severability. That if any one or more sections or parts of this Ordinance shall be adjudged unenforce- able or invalid, such judgment h 11 not affect, impair or in- validate the remaining provisions of this Ordinance, it bing the intention that the various provi1ions hereof are severable. 4 - • I • • n • • • • Section 8. Emergency Provision. By reason of the fact that bonds of Paving District No. 26 are now outstanding and that interest thereon has become due and payable, funds must be made available from assessments at the earliest possible date for payment of such interest, and for the immediate preservation of the public property, heal th, peace and safety, it is hereby declared that an emergency exists and that this Ordinance shall take effect upon its final passage. Section 9. Repealer. All ordinances, or parts thereof, in conflict herewith are hereby repealed. Section 10. Hearing. In accordance with the City Charter and the Municipal Code of the City, the City Council shall hold a public hearing on this ordinance, before final passage at 7:30 P.M. or at such later time on December 6, 1982, as Council is able to hear it in its normal course. Section 11. Publication and Effective Date. This Ordinance, after its final passage, shall be numbered and record- ed, and the adoption and publication shall be authenticated by the signature of the Mayor and the Director of Finance, ex-officio City Clerk-Treasurer, and by the Certificate of Publication. Th is ordinance shall take effect i mmediately upon final passage and shall be published within seven days thereof. Introduced, read in full, and passed on first reading on the 15th day of November, 1982. Published as a Bill for an Ordinance on the 17th day of November, 1982. Eugene L. Otis, Mayor Att t: X officio Ci y Cl -s- • I • • - • • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of the ~ity of Englewood, Colorado, hereby certify that the foregoing is a true, complete and accurate copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 15th day of November, 1982. Gary R. Higbee -6- • I • • • • • l NMlll ANU AOOlll$$ .. .... --y- 1971 33 2 00 001 Pa rt ot NW l/f o f NW l/f s e c 33 $4,839.83 Charter Paga , I nc . dcac a s bug a t SW cor, thoncu ' Roy i;. Galley N ~7 0 f t, Th E 30 ft lo true 2700 s . Zun i St . POB,Th E 320 ft, Th N 460 ft , Th P.O . llox !2 ~8 w 320 fl., Th S '60 Ct lu pl u! Englewoou, c-o 80110 beg n -,-~e 2 1971 33 2 00 002 llcg 23 0 f t N, JO ft C of SW $4,053.82 /Ill All'Arican Bottling Clo . cor IIW l/f NW l/f : Th N 340 ft; l c/o 'Portaman.Littlo, Th Ef20 ft ; Th S S70 ft ; Th W 5r~raon AVo. 24 2 ft ; Th N 230 ft ; Th W 178 ft t to bog ex s 60 ft for rd JJ-4-68 Naw York, ,)l,Y . 10022 ·,· -• . .... Cn glowood , Ci t y of Dog 60 f t N, 192 ft C of SW $ 266.07 3400 s . Eloti cor NW l/4 NII 1/4 Sec JJ-4-68 5 En9lcWood, CO 80110 Th N 6~.8 ft ; Th W 91.5 ft; Th N 100.2 f t ; Th E 97.5 ft; Th S 170 ft ; Th W 16 ft to bog ll-C-68 • .. . 1971 ll 2 00 006 809 230 ft N, JO ft E of SW cor $1 ,227.38 lloynio , Ral ph I':. ' NW l/4 NW l/4 loc 33-4-61 1 Th E 7 J cann i no ~. 00 .5 ft ; Th S 1 00 .2 ft ; Th E 22 2 :; s . Juli a n St . 81 . 5 ft ; Th S 6t.3 ft : Th W 162 Den ver , co B02U f t, Th N 170 ft to 1><'9 ex w 5.5 ft Soc ll-4-U 1!171 .33 2 05 . 009 1'2 l Yalo-Tejon Induotriol $2,674.42 -Chartar Pago , I nc . : Park ' llotkin ' co . I Kr. Whito 2UO I. Zun i St . ..En9levood, co 1 0110 -10 1 971 33 2 07 001 l l Vi oto Uta , 2nd Flg $2,26 7 .30 II . Jloaan in, Na ta lo .ll60 w. Dato• Avonuo J:n9lo woocl, co 10110 1971 ll 2 07 00 2 l V a te Nto , 2nd Flg $2,289.22 ao-n , John,. ' 12 Crio Ann, JT Ten noo.a. Zuni It . t:n"' eo ant HI 1 971 33 2 07 003 l Troc t l , Viata Hta , '"" $2,180.55 Piant, Waldo s . ' P l9 . 1i DurlMl•, P.A. 4 63 4 w. Tuft• Ci r ""'I\Vftr eQ 1011G 1971 ll 2 07 0 0 4 4 ,s l V1ato Mta , '"" r19 . ~;i: I tl!ltl. JU ,~n.11.0. 14 JIU 111l ludo r Littloton, CO 10123 I • • .. .. -· E Y.H ,:a ,, A • • - • 1o1 ... c.,,,.....u\.u .-. ..... ut,CO\..U ,. l97l 33 i 08 001 Bla ir, w. Donald • Barbara J., J1.' 1.'cn 3000 s. Zuni St. Cnglowood, co UOllO ·197l 33 2 Od 00.t Blair, Donald ~ i: 2 B.>rb&ra J., JT Ten ' ' 3051> S, Zuni St . l'~n1Awc,od co 80110 111,,. n 4 DI uu~ C<Jpr, Marvin P. 3 2397 "· D&rtaouth Avonue £nalevood, co 80110 4 i 5 ---· .p ~ - I -; · .... -· 6 ; •• 10 I I I ~ . • .-~ .. -- '~ . ·r-· - .... . ..• ~ .. 12 ••. , ... ,"P u 14 " • • • .. l -2 7 VJ.St a Uta, 2nd Flg. $3,064.47 7 'l't'4Ct. 3, Viau.a ULM-, 4nJ Flg. $2,224.85 4•5 7 Viata Hta, 2nd Flg. $3,872.01 , .. I • • - • • • • C O U N C I L C O M M U N I C A T I O N DATE November 10, 1982 INITIATED BY AGENDA ITEM Ordinance relating to assessment SUBJECT for Paving Dist. #26-North Sec- tion ACTION PROPOSED Passage of ordinance and resolution establishing public hearing on said assessments BACKGROUND: Paving District No. 26 was created by Ordinance #14, Series of 1979, passed and adopted on April 2, 1979. This paving district was divided into two sections. The South sec- tion consisted of the construction of South Zuni Street from West Dartmouth Avenue to West Floyd Avenue. This section was constructed in cooperation with the City of Sheridan, was completed in 1979 and assessed in 1980. The North section consisted of construction of South Zuni Street from West Yale Avenue to West Dartmouth Avenue. This section was constructed in cooperation with the City and County of Denver, and was a Federal Aid-Urban Systems project, with the federal participation at 74\ and the cities of Denver and Englewood participating equally at 13\ eac h. Construction of the north section wa s completed in the sUllllllllr of 1980. Du to the federal participation in the project, the preliminary and construction engin ring and project administration were acCOlll{>liahed by the Colorado Oepart:aent of Highways. The City and County of Denver acquired the necessary additional right- of-way for their half of the street and provided 100\ of the funding for the a Denver received billing for 26 of the total costs of construction and engineering, end as per our 1979 agre-nt with Denver, are responsible for one-hAlf of thoH co ta (13 of total engine.ring and construction coats). FINANCIAL -PAVING DISTRICT #26 NORffl : Original cost estimate from Ordinance 14, 1979: Total Eati tad Coat of Iaprove nta Eatiaated Aaaea nt Total Estimated Ci y Coat Avail le Funding, Asses n a (froa previous bond sale) City Portion Plus Bal. from uth Portion of Diatric $30,000 9,400 $39,400 • $38,300 30,000 $3 ,300 $68,300 I • • - • Actual Cost Total of Assessments City Cost -2- • • • $31,818.22 $50,283.44 The existing fund balance available for the City's -5,452.35 portion of this project is $46,200. Of the $50,283.44, $81,835.59 $5,452 .35 is preliminary engineering for this project, $44,831.09 which was previously paid under a separate contract; therefore , the $46,200 available will cover the balance of the City's obliga- tion of $44,831.09. This project, as with other projects involving federal funding and engineering services by the State Highway Department, has been delayed awaiting a final tabulation of con- struction and engineering costs. The final tabluation of costs and final billing on this project was only received by our Department of Engineering Services on September23 1982. Anticipating numerous cost overruns on the project, we did not feel that we should make an attempt to assess this project until the final tabulations were available We have sul:lnitted a completion schedule for Paving District No. 26 North which calls for a public hearing on assessments at the regular meeting on December 6, 1982 and allows us to certify the assessment roll to Arapahoe County in January of 1983, but still allowing for the first payment to be due January 1, 1983, thus saving an addi- tional year on interest. • I • • In • • • RESOLUTION NO. ;.j le , SERIES OF 1982 A RESOLUTION AUTHORIZING THE NOTIFICATION OF PROPERTY OWNERS OF ASSESSMENTS WIThIN THE NORTH SECT!ON " IN PAVING DISTRICT NO. 26 AND ESTABLISHING A DATE FOR A PUBLIC HEARING ON SAID ASSESSMENTS, 7 If WHEREAS, the street paving, curb, gutter and sidewalk improvements within the North Section in Paving District No. 26, in Englewood, Colorado, have been satisfactorily completed and have been accepted by the City of Englewood: and WHEREAS, a statement showing the whole cost of said improvements and a proposed apportionment of the same against the property within the North Section in the District has been filed with the Director of Finance: and WHEREAS, the City Council has considered the special benefits accruing on each lot or tract of land within the North Section in the District by reason of the making of the improve- ments and has determined that the apportionment of the assessments for said improvements, as set forth in the assessment roll, is in accordance with such benefits: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: 1. That the Director of Finance is hereby authorized and directed to notify the owners of the property to be assessed for said improvements by publication of this Resolution in three consecutive weekly issues of The Englewood Sentinel, a newspaper published and of general circulation in the City of Englewood, that said improv ments have been completed and accepted, that the cost thereof has be n apportioned according to benefits .and that a hearing on the assessment roll will b held on Monday, December 6, 1982, at the Municipal Building, at 7:30 P.M. prior to the final pass ge of the assessment ordinance, and which date is not leas that 15 days after the first publication of the notice of hearing. In addition, notice of time, date and place of the • I • • -• • • hearing shall be mailed to each property owner to be assessed with the cost of improvements, on or about the date of the 1st publica- tion of this Resolution. 2. The whole cost of said improvements within the North Section in Paving District No. 26 is the amount of $81,835.59, said amount including costs of inspection, collection, incidentals and interest as allowed by law. The City of Englewood will pay approximately $50,017.37 toward the total cost, leaving the amount of $31,818.22 to be assessed against the property specially benefited and included with the }'lorth Section in the District. The amount to be assessed against each lot or tract of land is set forth in the assessment roll filed with the City Council. 3. That any complaints or objections which may be made i n writing by the owners of land within the District, to the City c ouncil and filed in the office of the Director of Finance on or before Thursday, Deceaber 2, 1982, will be considered and heard by the City Counc i l at the meeting of the City Council, on Monday, December 6, 1982. 4. Any complaint or objection to the · validity of the assessments or the proceedings taken therefor shall be deemed waived unless presented in writing at the tiae and in the manner set forth above. 5. That if any one or aore sections or parts of this Resolution shall b e ad j udged unenforceable or invalid, such j udgment s hal l no t a ffect , iapair or i nval i date the reaaining provisions of this Resolution, it be ing t he i ntention that the various provisions hereof are severable. ADOPTED A.ND APPROVED Thia 15th d a y of No v eabe r, 198 2. ( S E A L Director of Finance , ex-officio City Clerk "--2- Mayor • •• • • n • • • • I, Gary R. Higbee, ex officio City Clerk-Treasurer of· the City of Englewood, Colorado, hereby certify that the foregoing is a true, accurate and complete copy of Resolution No. , Series of 1982. -3- • , I • • • • • GRANT OF FENCE F>.SEMENT 'lliIS GRANT of a Fence Easement (•Grant•) is made this day of , 1982 by BYRO! LEE MASSEKiALE and BARBARA ANN MASSEKiALE ("Grantor"), whose ·address is 4054 S. Galapago Street, Englewood, CO 8011 0 , in favor of CITY OF EJ.IGLEWX)D, <X>L~, ("Grantee"), whose address is 3400 S. Elati, Englewood, (X) 80110. 'Itle parties covenant and agree as follows: 1. Easement Property. 'Itle "Easement Property• shall mean the real property located in the County of Arapahoe, State of Colorado, more particularly described on Exhibit A, attached hereto and incorporated herein by reference, which real property is owned by Grantor. 2. Consideration. As consideration for this Grant, Grantee shall construct a 6-foot high chainlink fence of good quality and of benefit to Grantor. 3. Grant of Fence Easement. Grantor hereby grants to Grantee, their successors and assigns, a perpetual, nonexclusive easement over, under, across and through the Easement Property for the purpose of constructing, operating, maintaining, repairing, replacing, and removing the fence as described herein. 4. Access. Grantee shall have the perpetual, nonexclusive right of ingress and egress in, to, over, through and across the Easement Property for any purpose necessary or desirable for the full en joyment of the rights granted to Grantee under this Grant. 5. Restoration. Grantee agrees that after the construction, main - tenance, repair, replacement, or enlargement of the fence, Grantee shall restore the surface of the Easement Property as nearly as reasonably poss ible to the g rade and condition it sin i.nl!lediately pr ior to said construction, maintenance , repair, replacement , or enlargement, except as may be necessary to acCOl!IIIOd ate the fence . Grantee agrees to restore and repa ir any improve- ments of Grantor on the Easement Property which are damaged, modified , or altered by Grantee during said construction, maintenance , repair , replacement or enlargement. Grantee furth r agrees to replace any topsoil removed from any cultivated or agricultural ar as on the Ea nt Property and to remov any excess earth resulting from said construction , maintenance, repair, replacement or enlarg ment, at Grantee's sole cost and expense. 6. Ri ghts of Grantor. Grantor reserves th full right to the undisturbed ownership, use , and occupancy of the Easement Property insofar as said ownership , us , and occupancy is consistent with and does not impair th rights granted to Gra.nt e in this Grant. 7. Abandonment. In th ev nt that Grantee shall abandon th rights granted to it ind this Grant, all right, title nd int r thereunder of Grant shall and t rminate, and Grantor shall hold the Ea nt Property, th may th n , fr from the rights of Grantee so ban- doned and shall own all terials and atructur s of Grant so bandoned. 1 • I • - • • • • • 8. warranty of Title. Grantor warrants and represents that Grantor is the fee siq>le owner of the Easement Property and that Grantor has full right, title and authority, and that this Grant is effective to grant and convey to Grantee the fence easement. Grantor further covenants and agrees to indennify, defend and hold Grantee harmless fran and against any adverse claim to the title of the Easement Property by all and every person or persons lawfully claiming or to claim the whole or any part thereof. 9. Binding Effect. This Grant shall extend to and be binding upo n the heirs, personal representatives, successors and assigns of the respective parties hereto. The terms, covenants, agreements and conditions in this Grant shall be o:>nstrued as rovenants running with the l and. IN WI'IWESS ~. the parties hereto have executed this Grant of Fence Easement the day and year first above written. GRANTCR: / '-.'f'i~~~~~~,.p.L,Jl:t.~0/ GRANTEE: CI'l"i C£ a«iLD«xD, COLCIW)() Attest: By _________ _ Signed t.fore this ~ day of ,JfrWmef.,,.J. 1982. Addre : 'f:Jo, s . ~ My iaaion expir QOl/0 2 • I • • n • - • - l JACKSONS BLO~K BROADWAY ~Er(.r'4TS J 15' 3~ 11 3~ ____ 1__::_.=_ _ __J ____ .....L.. ____ __.__i;::::::: 4000 So. GALAPA&o ST. F..lSEMENT DESCR I PTICN1 25' 17 IS 8LO<.K 10 /4- • q II I I I 0 is' \ I I _11'J I I I I I I • -• • - GRANT OF FENCE EASEMENT 'lllIS GRANT of a Fence Easement ("Grant") is made this day of , 1982 by BYRO! LEE MASSEN'.iALE and BARBARA ANN HASSEN.ALE ~(~"G~r-a_n_t_o_r~"~)-, whose address is 4054 s. Galapago Street, Englewood, CO 80110, in favor of CITI OF EN:il.EWJOD, COLCRAOO, ("Grantee"), whose address is 3400 S. Elati, Englewood, CO 80110. 'Ille parties covenant and agree as follows: 1. Easement Property. 'Ille "Easement Property" shall mean the real property located in the County of Arapahoe, State of Colorado, 100re particularly described on Exhibit A, attached hereto and incorporated herein by reference, which real property is owned by Grantor. 2. Consideration. As consideration for this Grant, Grantee shall construct a 6-foot high chainlink fence of good quality and of benefit to Grantor . 3. Grant of Fence Easement. Grantor hereby grants to Grantee, their successors and assigns, a perpetual, nonexclusive easement over, under, across and through the Easement Property for the purpose of constructing, operating, maintaining, repairing, replacing, and removing the fence as described herein. 4. Access. Grantee shall have the perpetual, nonexclusive right of ingress and egress in, to, over, through and across the Easement Property for any purpose necessary or desirable for the full enjoyment of the rights granted to Grantee under this Grant. 5. Restoration. Grantee agrees that after the construction, main- tenance , repair, replacement, or enlargement of the fence, Grantee shall restore the surface of the Easement Property as near ly as reasonably possible to the grade and condition it wa s in ill'mediately prior to said construction, maintenance, repair, replacement, or enlargement, except as may be necessary to accomrodate the fence . Grantee agrees to restore and repair any improve- ments of Grantor on the Easement Property which are damaged , modified, or altered by Grantee during said construction, maintenance, repair, replacement o r enlargement. Grantee further agrees to replace any topsoil r ved from any cultivated or agricultural areas on the Easement Property and to ren¥:>ve any excess earth resulting from said construction, maintenance, r pair, replacement or enlargement, at Grantee's sole cost and expense. 6 . Rights of Grantor. Grantor reserves the full right to the undisturbed ownership, use, and occupancy of the Ea nt Property insofar as said ownership, use, and occupancy is consistent with and does not impair th rights granted to Grantee in this Grant. 7. Abandorvnent. In th ev nt that Grant shall abandon the rights granted to It i.ilder this Grant, all right, title nd interest hereunder of Gr ntee shall cease and t rminat , and Grantor shall hold the Ea Property, the may then be, fr from th rights of Grant doned and shall own all terials and structur s of Gran so l • I • - • • • • • 8. warranty of Title. Grantor warrants and represents that Gr an tor is the fee Siffl)le owner of the Easement Property and that Grantor has ful l right, title and authority, and that this Grant is effective to grant and convey to Grantee the fence easement. Grantor further covenants and agrees to indennify, defend and hold Grantee harmless from and against any adv ers e claim to the title of the Easement Property b'f all and every person or persons lawfully claiming or to claim the whole or any part thereof . 9. Binding Effect. 'lhis Grant shall extend to and be binding UPo n the heirs, personal representatives, successors and assigns of the respective parties hereto. 'lhe terms, covenants, agreements and conditions in thi s Gr ant shall be construed as covenants running with the land. IN WITNESS IIIIEREOF, the parties hereto have executed this Gran t of Fence Easement the day and year first above written. ~: GRANTEE: Attest : By _________ _ Title ss • Signed before this .2..::. day of AJ.,.,,,.,'*1, 1982. Addr • It.I • If ;Jo I S . a.-..-.. ~ eo.il ion xplres: 1 011" ,. ; c:--·.!:., : ~···; rri l 5, 1936 2 • I • • • • - l JACKSONS BL O~K q BROADWAY ~f1uHT$ J ' 3 ~ 11 3 ~ II ___ --1_..:.2::..:5:..__.....1.... ____ L-.. ___ __.__oi:::::::: .l8 4000 So . GALAPAGO ST. 25' 17 15 BLOtk' 10 /4- I • • I \ I I 2.5 1 __ 11'J I I I I I I fl I / SC.~LE I : JO I I I • • • RESOLUTION NO. )/ '( SERIES OF 1982~~ • • • A RESOLUTION Al-IBNDING THE PROPOSED 1983 BUDGET . WHEREAS, the City Manager, in accordance with the provisions of the City Charter, submitted a 1983 budget to the City Council before September 15, 1982; and WHEREAS, the City Council of the City of Englewood has conducted a public hearing on said budget on September 20, 1982, and has given considerable study to the aforementioned budget on numerous occasions; and WHEREAS, it is the intent of City Council to amend the 1983 budget as submitted ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section l. General Fund Proposed Amended Expenditures City Council $ 139,980 $ 189 ,980 Board of Career Service Commissioners 18,300 16,900 City Attorney 243,466 243,166 Fire Suppression 1,916,745 1,951,745 Code Enforcement 180,872 174,072 Senior Recreation 189,734 192, 734 Parks 1,172,210 1,073,210 Forestry 401 716 45 I 716 To t al General Fund Expenditure Change $319021023 $318871523 Section 2 . Public Improvement Fund Transfer to Public Improvement Fund • Amount Changed $ 50,000 (1,400) (300) 35,000 (6,800) 3,000 (99,000) 51000 $(141500) $1001000 I • • In - • • • • • -2- 1982. ADOPTED AND AP PROVED this~~ day of Mayor ATTEST : ex officio City Clerk-Treasurer I. Gary R. Higbee, ex officio City Clerk-Treasurer for the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No. 45 , Series of 1982 . Gary R. Higbee • I • • In • • • - 2b BY AUTHORITY ORDINANC E NO. SERIES OF 1982 COUNCIL BILL NO. 57 INTRODUCE~ COUNCIL MEMBER ~~1-->----4~~~- A BILL FOR AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 1983 AND DECLARING AN EMERGENCY. WHEREAS, pursuant to the provisions of Part I of Article X of the Charter of the City of Englewood, Colorado, adopted by the voters on July 8, 1958, a budget for the fiscal year 1983 was duly submitted by the City Manager to the City Council before September 15 , 1982; and WHEREAS, a public hearing on the said budget was held by the City Council within three weeks after its submission at the meeting of the City Council on September 20, 1982, regular notice of the time and place of said hearing having been published within seven days after submission of the budge , the manner provided in the Charter for the publication of ordinance; and WHEREAS, the City Council adopted Resolution No. -1 1 Series of 1982, on the /,. day of /i ,'I -, 1982, said Resolution amending the 1983 proposed budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. the fiscal considered Resolution the budget That the budget of the City of Englewood, Colorado, for year 1983 , as submitted by the City Manager and duly by the City Council after public hearing and amended by No. '1 1! , Series of 1982 , be and hereby is adopted as for the City of Englewood for the fiscal year 1983. Section 2. That the said budget as amended and accepted shall be a public record in the office of the City Clerk and shall be op n to public inspection. Sufficient copies thereof shall be made avail- abl for the use of he City Council and the public, the number of copies to be determined by the Ci y Manager. Section 3. That the health, safe y and welfare of the City require that this Ordinance b pass d as an emergency m asure in order ha he operation of governmen proce d; his Ordinanc shall becom ff c iv upon is final passag according to th Char er of th Ci y of Englewood. h Introduc d, rad in full, and p ssed on first r ading on J 1!1 day of /) t, >l '--" , 1982. I • • - • • • • -.2- Published as a bill for an Ordinance on the ~~~~~~~~' 1982. Eugene L. Otis, Mayor ATTEST: ex officio City Clerk-Treasurer day of I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the bill for an ordinance passed on day of , 1982, and published as a bill for an ordinance on day of 1982. Gary R. Higbee • I • • ,..., :_ • • • • BY AUTHORITY ORDINANCE NO. S ERIES OF 1982 COUNCIL BILL NO. 57 INTRODUCED BY COUNCIL MEMBER~ A BILL FOR AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 1983 AND DECLARING AN EMERGENCY. WHEREAS, pursuant to the provisions of Part I of Article X o f he Charter of the City of Englewood, Colorado, adopted by the v o ters on July 8, 1958, a budget for the fiscal year 1983 was duly s ubmitted by the City Manager to the City Council before September 1 5, 1 982; and WHEREAS, a public hearing on the said budget was held by the City Council within three weeks after its submission at the meeting of the City Council on September 20, 1982, regular notice of the time and place of said hearing having been published within seven days after submission of the budget, the manner provided in the Charter for the publication of ordinance; and WHEREAS, the Ci ty ~9un ci l adopted Resolution No. 11 S er i es of 1982, on the /~"'Q) day of ~· 1982, said Re sol ution amending the 1983 proposed lJdget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CI TY OF ENGLEWO OD, CO LORAD O , AS FOLL OWS : Sect i on 1. the fisc al c onsi de red Reso l ution th budge t That the budget of the City of Englewood, Colorado, for year 198 3 , as s u bm i tted by the City Manager and duly by the City Co un c i l after public hearing and amended by No. 5? , S erie s of 1982, be and hereby is adopted as for the C ity o f Englewood for the fiscal year 1983. Section 2 . Th at t h e s a id budg e t as a me nded and accepted shall be a p ublic record in the office of the City Cl erk and sha l l be open to public ins p ection . Sufficien t co p ies the r eo f sha l l be made avail - abl for he use of th Ci y Coun cil and h p u bl ic , the number of copi to be determin d by the City Mana g e r. h That the h alth , s a fet y and wel far e o f t h e C i ty require his Ordinance be passed as a n e mergenc y measur in order that op ra ion of governm n p r oce d ; t h is Ordinanc e sha l l become upon is final p a ss ag a cco r di ng o th Charter of the ngle wood. lntroduc ull , and pa s don fir s t reading on ...,...._1.J.._ d y o f ............ r...;;...;.;.;:;;.;..;:;.:.._, 198 2 • • I • • r • - • • ------ • • • -3- 7.~lished as a bill for an Ordinance on the ~-~~~~~<.....:~'-"""'-"'-'~-· 1982. ;7tA day of 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 the bill for an ordinance passed on JS-tli day of ~ , 1982, and published as a bill for an ordinanc~day of ~, 1982. Guy R. Higbee • I • • n - • • ORDINANCE NO. SERIES OF 1982 BY AUTHORITY A BILL FOR • • • COUNCIL BILL NO. 58 INTRODUC 3 B.Y COUNCIL MEMBER .A.-~ AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, IN THE FISCAL YEAR BEGINNING JANUARY 1, 1983 AND ENDING DECEMBER 31, 1983, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 1983, AND DECLAR- ING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That there be and there hereby is appropriated from the revenue deriving from taxation in the City of Englewood, Colorado, from collection of license fees and from all other sources of revenue during the year beginning January 1, 1983 and ending December 31, 1983, the amounts hereinafter set forth for the object and purpose specified and set opposite thereto, specifically as follows, to wit: Legislation and Counsel Municipal Court Administration Public Works Fire Police Community Development Library Parks and Recreation Total Operating Transfer to PIF Total GENERAL FUND PUBLIC IMPROVEMENT FUND Construction of Major Capital Projects WATER ENTERPRISE FUND $ 469,306 287,765 1,505,116 2,802,117 2,854,231 3,946,739 701,149 519,369 2,055,551 15,141,343 700,000 $15,841,343 $ 2,422,100 Total Water Ent rprise Fund $ 3,008,989 • I • • n ,.. ... n • • - -2- SEWER ENTERPRISE FUND Total Sewer Enterprise Fund GOLF COURSE FUND Total Golf Course Fund REVENUE SHARING General Fund -Public Safety GRAND TOTAL $ 3,221,196 $ 492,072 $ 748,497 $25,734,197 Section 2. The foregoing appropriations shall be considered to be appropriations to groups within a program or department within the fund indicated but shall not be construed to be appropriation to line items within any groups, even though such line items may be set forth as the adopted budget for the fiscal year 1983. Section 3. All monies in the hands of the Director of Finance, or to come into his hands for the fiscal year 1983, may be applied on the outstanding claims now due or to become due in the said fis c al year of 1983. Section 4. All unappropriated monies that may come into the hands of the Director of Finance during the year 1983 may be so distri- buted among the respective funds herein as the City Council may deem best under such control as is provided by law. Section 5. During or at the close of the fiscal year of 1982, any surplus money in any of the respective funds, after all claims for 1 9 82 aga i nst the same have been paid, may be distributed to any oth er f u nd or funds at the discret i on of the City Council. Sc ion 6 . Th at th health, safety and welfare of the City re - quire tha hi Ordinanc e be passed as an emergency measure i n or d r that t he op ration o f government proceed; this Ordinanc e s ha ll beco me effect i ve upon its final passage according to the Ch ar e r of t he City of Englewood. t h I ntroduced, read in full, and pass don first reading on day of , 1982. I • • - • • • • • -3- Published as a bill for an Ordinance on the _________ , 198 2. Eugene L. Otis, Mayor ATTEST: ex officio City Clerk-Treasurer day o f I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the bill for an ordinance passed on day of , 1982, and published as a bill for an ordinance on day of 1 982. Gary R. Higbee • I • • - • ORDINANCE NO. SERIES OF 1982 BY AUTHORITY A BILL FOR • • • COUNCIL BILL NO. 58 INTRODUCE;l} . BY COUNC,I L MEMBER (\:1:1.0-AlaM«J &! AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, IN THE FISCAL YEAR BEGINNING JANUARY 1, 1983 ANO ENDING DECEMBER 31, 1983, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 1983, ANO DECLAR- ING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That there be and there hereby is appropriated from the revenue deriving from taxation in the City of Englewood, Colorado, from collection of license fees and from all other sources of revenue during the year beginning January 1, 1983 and ending December 31, 1983, the amounts hereinafter set forth for the object and purpose specified and set opposite thereto, specifically as follows, to wit: Legislation and Counsel Municipal Court Administration Public Works Fire Police Community Development Library Parks and Recreation Total Operating Transfer to PIF Total GENERAL FUND PUBLIC I MPROVEMEN T Construction of Major Capital Projects WATER ENTERPRISE Total W ter Ente rprise Fund FUND FUND • $ 469,306 287,765 1,505,116 2,802,117 2,854,231 3,946,739 701,1'9 519,369 2,055,551 15,1'1,3'3 700,000 $15,841,343 $ 2,,22,100 $ 3,008,989 I • • ~- • • • • -2- SEWER ENTERPRISE FUND Total Sewer Enterprise Fund GOLF COURSE FUND Total Golf Course Fund REVENUE SHARING General Fund -Public Safety GRAND TOTAL $ 3,221,196 $ 492,072 $ 748 ,4,97 $25,734, 197 Section 2. The foregoing appropriations shall be considered to be appropriations to groups within a program or department within the fund indicated but shall not be construed to be appropriation to line items within any groups, even though such line items may be set forth as the adopted budget for the fiscal year 1983. Section 3. All monies in the hands of the Director of Finance, or to come into his hands for the fiscal year 1983, may be applied on the outstanding claims now due or to become due in the said fiscal year of 1983. Section 4. All unappropriated monies that may come into the hands of the Director of Finance during the year 1983 aay be so distri- buted among the respective funds herein as the City Council may deem best under such control as is provided by law. Sections. During or at the close of the fiscal year of 1982, any surplus money in any of the respective funds, after all claims for 1982 against the same have been paid, may be distributed to any other fund or funds at the discretion of the City Council. Section 6. That the health, safety and welfare of the City re- quire that this Ordinance be passed as an eaergency measure in order that the operation of government proceed; this Ordinance shall become effective upon its final passage according to the Charter of the City of Englewood. the Introduced, read in full, and passed on first reading on day of , 1982. I • • - • • • • -3- Published as a bill for an Ordinance on the~~~ ~~~~~~~~· 1982. Eugene L. Otis, Mayor ATTEST: ex officio City Clerk-Treasurer day of I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and complete copy of the bill for an ordinance passed on day of , 1982, and published as a bill for an ordinance on day of 1982. Gary R. Higbee I • • • C O U N C I L DATE November 10, 1982 • • • C O M M U N I C A T I O N AGENDA ITEH 8t SUBJECT Sanitary Sewer Extension Project No. BPSS-82 ACTION PROPOSED Recoimiendation for Award of Construction Contract for West Baltic Place Sanitary Sewer Extension, ProJect No. BPSS-82 BACKGROUND Property owners adjacent to West Baltic Place from South Tejon to South Vallejo are planning residential development of existing lots and have requested the City provide water and sewer service. City forces will install water mains. Plans and specifications were prepared by Engineering Services staff for the sanitary sewer extension and bids were requested and opened on November 10, 1982. The City is required by Code to provide water and sewer service to residents. FINANCIAL Money for payment of the work is available in the Sewer Fund. The initial cost will be recovered using a prorated assessment to each benefiting property as each property connects to the new line. The Engineer's Estimate for the project cost fs $18,105 .00. RECOfK:NDATION Bids were received from the following : Diamond Re-Serv-Al Aurora Pipe Line Co. Ricor, Inc. Maes Construction Co. Engineer's Esti1111t • $18,105.00 • $12,353.50 • $13,242 .10 • $14,857 .00 • $ 22,009.37 It is rec nded thlt the contract for Sanitary r Extension Project No. BPSS-82 1w.rded to the low responsible bidder, Di1111>nd Re-Serv-Al o~ Englewood, Colorado, in the aaount of$ 12,353.50 • I . • • ~ ..... E-< .... ....l [I) ..... ~ u z 0 ::, z 0 u >' z E-< 0 ..... .... u I,. .... r.:i ~ ~ C. [I) 0 [I) z r.:i H a: Q Q < 0 a: I,. 0 > ::i:: < [I) ta. ..... • z H .... a: r.:i > a: r.:i [I) Cl 0 • (I) ....l ..1:H 1,.U z (I) ::, C ~ J.<O 0 0 U ... s; !~ r.:i ..... ,-l ..... u r.:i ce ~ I,. "' I . • • •