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Home My WebLink About1979-05-21 (Regular) Meeting Agenda• CITY COUNCIL MEETING -Regular May 21, 1979 • • • 0 • - Walter E. Swanson contract1ng eng1neer Ch1ca go Bndge & Iron Company su1te 304 . Emp~re Park buildmg t 385 south Colorado boulevard Denver. Colorado 80222 telephone 303 757 7121 /303.757 2222 • 0 0 I . CITY COUNCIL MEETING MAY 21 1979 • • - ORDINANCE if )I{. 23, 24, 25, 26 RESOLUTION if~ 24, 25, 26, 27 • 0 I . Hoved Seconded • • • • ROLL CALL Wf llfaml> Aye Na.y Abstafn w .. ., .... :>m1u1 Hili'Dtt_ Clayton Mann _Y.ayor 1 a,t_l_Er I~ Ld<u:__ )7 Jc0u10 ~1~ ~~ • Absent I . . • - • • ROLL CALL Moved Seconded g::_ !l..e !.l. Wi 111am$ .=:::.: ~ ~ ~"!.!.Efl t-- A Na Abstafn Absent JW-ou_ L-- C 1 i!.l_ton v- Mann ~ ~or ..!_ay_I Er .k::::::_ • • I . • • • • • ROLL CALL Heel S ndd ov eco e ~e ~ s n sen Wi 1_1 f 11m~ _f L--..weber <--~ ~111_!!_11 ..!:::::::__ 1---...liir:Dtt_ 1.---Cl~ton v-Mann v-!!_ayor Ta•_l.Er L----- A Na Ab taf Ab t I . . • • • -• • ROLL CALL Moved Sec d d on e Wi 111am!' --Aye Nay Abstain Absent u~...: .... - smftr. Ham:~ Clavton Mann TaYor Ta y_1Er I . • • • ,- • • • .. - B_OLL CALL Hoved Sec d d on e ~e Willfam.s --Nay Absta fn Absent w;;t;"~r 5m 1t n j.j'l~tt._ -- Clavton ~n "'P.aYor ta ,y~ c:u ~ 2w a .d-!1 ?) -wu l £ 47qo, cJ 6 4 ~!. ~ #?dJ J V, ;( !uy -zfa_V-t' r;:.-u~ ¢Jso c::0 r~-u I . • • - • • --t.-.==-o~ ROLL CALL Moved s econded 1- wffn-a--Ave Nav Absta fn ..,~ ml: Absent --+-- ::>lnltr. Hmtt_ Cl~'ton I Mann "TaYo~r.r l I ~-~'-I ?1 u { ) ) • • I . • • • - • • I . • • • - • • ROLL CALL Hoved Seconded William~ Aye Nav Abstafn Absent -..,~ Sm1tn Harnu..._ Clavton Mann Ta'Yor Tay_l_E r • • I . • • • - • • -~ \·---~ ROLL CALL Moved Sec d d one Ave William!: Nay Abstafn w;;t:;";;" Absent 5m 11 ll'lrn"r Clavton Mann -p,ayor Tayl c:r _, __ c!J h . c . j . ffid 't !/~ , fJ Mr /J-J cr()a<u~ ~ ~)~ rLVI~ r (Y~ /) /fl.J0 Cf/A-Av y~}1i)cr ;j&/(h !)~ . 6GIC1 , f~ iP fo • I . • • - • • • • • • ROLL CALL Moved Second d e ~e Wil 1 iaml: c:::: Nav Abstatn ...... _y WPhPr L--- v-::~man t- Harou_ ~ Clavton L.-- Mann [;::::; Mavor 1 a y_~ cr (ic.u .~ /J-v~· 7 a '{ /lle-fr ~ 6 /UU 'll ·~~~/ aft I 2-ci-.J • , .. _ _..___ Absent t.-- I . • - • • ROLL CALL Moved Seco d d n e Ave William!> Nav Absta 1n Absent w .. h" .... Sm1ti1 Haro.I!L.. Clayton Mann 1-fayor T~y_1.9!:._L • • I . • • • • • ROLL CALL Moved s nd eco ed -Ave Nav Absta1n Absent Williams -w .. h .... !lm1tn H;~rn~ Clavton Mann lfavor ay_l c:r I . • • • • • • ··~:::=== ROLL CALL "' ed s d d OY econ e A ~ve N ay Ab sta n Ab t sen Wi l11ams """ ......... WPhl>r ~ :,mnn 1..--- Haro~ L-- ~ Clayton ~ Mann /./" Mayor Tayj_Er 1.--- I . . • • • • • Moved s d -econ ed Wi ll'lllms Aye Nay Abstafn Absent w .. h ... ~ ~m1ti1 Harntt_ Clavton Mann ~Y~c:r '-·-'- ~ -foud/, ~ f ~ f!tw W wo""' /J'~--"-,;__ ~?U?V if~~/)wv~ ~~-~f-4-U~~ -)h [IYILitftVJ r d ~ tMLA .--- /J;fffi~dlk <f ~ ~ ~ ~ _ _L~ ~/li'-€ ~ ~vL . --~zd:u . ~wJ~cr~Wlb~ • I . • • ,- • - ----_::: ___ . E_OLL CALL Moved Seco d d n e Aye Wil111lm.s Nav Abstain Absent J....-' w~ .... Smith ,____ Harntt_ Clavton Mann lfii'YoTia/)_9r J --;~ (Sitj-zt~ C!~ ~ ~w ~~ • • •• • .~------------------~~~-• • • • ROLL CALL H ed S ndd ov eco e we Nav A sta n bsent Wi'l11am!: v- A b A w .. h .. r t--:lm1tn }_..--Ham~ v-Clavton ~· Mann y- rl,ayor lay:_T_9r ~ I . • • • • • ROLL CALL Moved Seco d d n e ~e Willfams Nav Abstafn Absent v-lol .. h .. ~ ,__ ~m1tn Harol:l:_ Clavton Mann ""Y.avor Ta y)_9 r (I R t1Z ~_A) & /;[;;~~_u~ 0/IW/Y/xJ cJ ~ ~ ~ ~ ~~~~~~ ~ -0-J / ;&~LA ~ ~ W4-u /AU'~ /M (Yl~ ~ • I . • • • ROLL CALL Hoved Seconded Aye Nav Absta fn Absent Wfllfam~ [.?' WPhPr ~ ~mffn /...--- H-arott_ t--Cla:Yton ..---Mann t..--Yoayor Ta y_1Er i.-- I . • • • - • • ROLL CALL Moved Seco d d n e Ave Wi 11 iams Nay Absta fn Absent ~ s-m1 n Harn~ Clavton Mann """Pt"avor Ta y .n!:.J_ ~- • I . • • • - • • ROLL CALL Moved Seco d d n e Ave Nav William!' Abstain Absent w .. h .... ~1tll Ha""rn"~ Clayton Mann 1-favor Ta y_lr.!:J_ 0 • I . • • • • • ROLL CALL Heel S ndd ov eco e A we Nav Abstain Absent W i1T1a m~ WPhPr sm1tn HaroPr Clayton Mann Mayor Ta y]_E r I . . • • • • • ROLL CALL Moved Second d ----' e Ave Nav Abstain Absent William!' v-·~.~ ..... .; .. v ~mar. H;ro!!r_ Clayton Mann 1-laVor Ta y~Er I . • • • • • ROLL CALL Moved Seconded A Wi 11 fams \l'e Na_y Absta fn Absent ...weber ~ml_tn ..l:W:Du_ Cl~ton Mann _Mayor Ta y_l_£l r • • • • • Hoved r Seconded I L I I Wil11am~ -"I~e Nav lol-;;h~ • r Absta fn Absent I -I-- 1-- :Smfi'r. tv ~tt_ ' Clavton r 1 Mann f _, -p,ay~~Cl:_j_ - ---l T --1 l I I • • - • • ROLL CALL HeelS ndd A OY eco e ~e ~ sta n sen Willf&m!; t.-- N Ab Ab t WPhPr /..-- 2_"!.!.!_n t-- Haro~ 1--- Clayton v--Mann .__. _Mayor ray_1_9r £..--- I . . • -• • • Moved s econded WilHa m ~ AYe Nav lola~ • =>mltn ~u_ Clavton I I Mann 1 l'lavorici'Z' r.r -::.._j --/U ~ a? {/' O!J ;tflcfli/I/'MIL ai t{: 0 (/ m . • I T Abstafn Absent I . • • • ROLL CALL Med S ndd OY eco e A \ye N ay Ab ta1 s n Ab t sen Wi 1111lms (.;' Wt:!bf!r ,._. 1..---- :>mltn Haroer v- Clavton v Mann l.-- Mayor Ta y_lE r L-- I . • • • - • • ROLL CALL Moved [ Seconded r---,;;;; 1 Willfams B:-n: I Nav Abstafn ..... h~ -· I Absent L..... mar. t-- I =1 t: ~ .. ~~!:L.. [.....-- Oaa- Clavton -- v-- Mann ~~-ilT,ay~Tra y_l_9!:.J_ 77 -- [.....-----1 {o b . • I • • • • - • • Moved s -econded v 1- william --Ave Nav Absta fn w .. t. ~ I V I Absent ~ .. ~ t--I 1-. =>m1tn ...._ v-Ha""ntt-..._ l--- L.-. Clavton --z::::::: - Mat)!!_ L-- - IT.avor Ta l.. or t--- - _, __ .:_·:_j l - t.---1 ---' • I . • • • • • ROLL CALL Mov eel s d econ ed A we Nav Ab sta n Ab t sen v Williams v- v Wi!!biE!r £-- ::>m_l_tn L--- Harott,_ L - Clavton -Mann I-- Mayor Ta y_l_E r L.--- 1b I . . • • • • • • ROll CAll Hoved se d con ed Wi 11 i a'iiiS --~e Nav Absta fn Absent IJoh•r !>mn n Ha-rou__ Clayton Mann ' llT.ayorTayl c:r ·-·-';__ - 1~ C lf !fl)' ~ m (}_~ /'-OAV .A/" . . f ?-(}<2/ I :t' ff . ~ w ~ ;0 I'~ /-1 ~ Cv,c US ~<:}be_,;'-;;# yL, )t<-/ ~ ~/)7 ~~ C;~fo· 0-ud.. C<-J Ou /':Jtfj-;fiU '( ~ =.J d~ /Zvn&~~r~ • • • • ROLL CALL Hoved s l I econded I/ I W11Tfams Ave 1/ '-- Nav Absta fn Absent w~ ... ~ /...- ~ -;)I!Ji'tn Jla(gu_ Clavton t-- 1.---- t.--- - Marm. ~ lraYor ay_l_9 !:_ 1 I £---- I . • • • J - • • ROLL CALL H ed S ndd A N ov eco e ~e !.l s n sen Wi111ams t--1:::::.. ....Iieber_ -'-- Ab ta1 Ab t 2."!1El ...i.:::::::.. ·~ .JiHDu__ '--Cl~ton ,_.- Mann t--- ..!i.i!l.Or __! ay_! c r ..1...::::=:::. ( (.J • I . • • • • • • 0 ROLL CALL Ave Nav Absta fn -, --J Moved Seconded - J,..---"-WillfamJ; w.,h;; t--v :>mttn Absent -~ --...tl.a.rD!!L_ c.-- -t..-- - Clavton 1.-- <.....-------.J 1..-- Mann r- Ma.Yor:J"a ;,r]!:r r-- I . • • • • • AGENDA FOR THE REGULAR tlEETING OF THE ENGLE\vOOD CITY COUNCIL MAY 21, 1979 7 :30 P .M. Call to order, invocation by Elder Doran Whitaker , Englewood Ward, Church of Jesus Christ Lat t er- Day Saints, 999 East Tufts Avenue, pledge of allegiance by Bo y Scout Troop #92, and roll call. l . Minutes. (a) Minutes of the regular meeting of~ 7, 1979. (Copies enclosed.) 2 . Pre-Sche duled Visitors. (a) Mr. Eddie Tanguma, 10 20 West Tufts Avenue , and Rogar Velasque z, studen t, Englewood High School band member, will be pres ent to discuss a donation for the Englewood High School Band going to the Rose Bowl Parade in Pasadena, Californa . (b) Mr. Dick Phelps, Phelps, Benz & Assoc ., will be present to discuss the golf cour s e bids . (Copies enclosed.) 3. Other Visitors. 4 . Public Hearing . 5 . Communications -No Action Recommended. (a) Minu tes of the Board of Adjustment and Appeals meeting of April ll, 1979. (Copies enclosed .) • I • - • • • • • Page 2 May 21, 1979 Agenda 5. Communications-No Action Recommended (Continued). (b) Minut es of the Planning and Zoning Commi ss ion meeting of April 17, and April 24, 1979 . (Copies enclosed .) (c) Minutes of the Denver Re gional Council of Governments meeting of April 18, 1979. (Copies enclosed.) (d) Minutes of the Animal Control Committee of May 14, 1979. (Copies enclosed .) (e) Memorandum from the Municipal Judge to the Mayor and Members of Council concerning the Municipal Court activity r eport for April, 1979. (Copie s enclosed.) 6 . Communicat ions -Action Recommended . (a) Recommendation from the Planning and Zoning Commiss ion meeting of May 8, 1979 co nc erning the vacation of a right-of-way in t h e 3500 block of South Marion Stree t. (Copies enclosed.) (b) Request for a Hotel/Restaurant Liquor License Renewal for Lo rd Byron Restaurant, 100 1 West Hampden Avenue . (Cop ies enclosed .) (c) Memoranda from the Director of Financ e and the Director of Utilities concern ing the award of bid for the overhead storage tank . (Copies enclosed.) 7 . City Attorney . Ordinance on Final Reading. (a) Ordinance approving agreement between t he City and County of Denver, acting by and through its Board of Water Commissioners, and the City of Englewoo d , Colorado, known as the "City Ditch Agreement," with certain amendments . (Copies enclosed .) Bill for an Ordinance . (b) Bill approving an agreement between the Cities of Englewood and Littleton, Colorado, the Littleton Fire Protection District and Castle- wood Fire Protection District for the purchase of an interest by Castlewood Fire Protection District in the Joint Fire Training Facility. (Copies enclosed.) • I • • - • • • • • Page 3 May 21, 1979 Ag enda 7 . City Attorney (Continued). Other Hatters . (c) Report on Oliner Case in Court of Appe a l s. (Copies enclo s ed .) (d) Attorney's Choice . 8. /lt. ·P~ t~-l-g'o City Manager . (a) Appo i n tm e nt to the Englewood Public Library Board. • (b) Mem o randum from the Director of Communit.y Deve l opmen t to t he City Manager concerning a preliminary loan application fo r the Public Housing Project. (Copies enclosed.) (c) Manager's Choic e . 9. General Discussion. (a) Hayor's Choice . (b) Counci lman's Choi ce. 10 . Adjournment. /! I "'f Li tt%/A >: ,, ,_ ANDY./MC COWN City Manag er • I • • • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO May 7, 1979 /(L The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session at 7:30p.m. on May 7, 1979. The invocation was given by the Reverend Rosemary Morris, Englewood Mayflower Congregational Church, 3001 South Acoma Street. The Pledge of Allegiance was led by Boy Scout Troop #92. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Absent: None. The Mayor declared a quorum present. * * * * * * Also present were : City Manager McCown Assistant City Manager Curnes City Attorney Berardini Director of Community Development Wanush Assistant Director of Community Develop- ment Reddy Director of Utilities Fonda Director of Finance/ex officio City Clerk James Deputy City Clerk Watkins * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR ME ETING OF APRIL 16, 1979 . Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. * * * * * * • I • • • May 7, 1 979 Page 2 • • • Mayor Taylor encouraged everyone to vote in the school board election , May 8, 1979. * * * * * * COUNCILMAN WILLIAMS MOVED TO APPROVE THE PROCLAMATION DECLAR- ING THE MONTH OF MAY, 1979, AS "YOUTH MONTH". Councilman Mann seconded the motion. Upon a c all of the roll, the vote resulted as fol lows : Ayes : Nays : Council Members Clayton, Mann, Williams , Weber , Smith, Harper, Taylor . None. The Mayor decl ared the motion carried. Deputy Clerk Watkins read the proclamation and Mayor Taylor presented it to the pre-scheduled visitor Mr. Harry Musser, 5065 South Huron Street, P.E.R. Englewood Elks. Mr. Musser thanked Council for this recognition . * * * * * * Pre-scheduled visitor, Mr. Leonard A. Billingham, 4363 South Grant Street, was present . Mr. Billingham requested approval of an encroachment into the City's right-of-way for a 34-inch split-rail fence which has been installed across the front of his property. Director of Community Development Wanush appeared before Council and stated there were no objections to Mr. Billingham's re- q uest . Director Wanush stated Assistant Director of Community Develop- ment Romans has discussed with Mr. Billingham that by signing the agree- me nt he is committed to removing the fence upon request from the City . COUNCILMAN CLAYTON MOVED TO BRING FORWARD AGENDA ITEM 6E "MEMORANDUM CONCERNING THE ENCROACHMENT REQUEST AT 4363 SOUTH GRANT STREET". Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Council Members Clayton, Mann, Williams, Weber , Smith, Harper, Taylor. None. The Mayor de clared the motion carried. COUNCILMAN CLAYTON t-10VED TO APPROVE THE ENCROACHMENT REQUEST FOR MR. LEONARD BILLINGHAM, 4363 SOUTH GRANT STREET. Councilman Harper se conded the motion. Upon a call of the roll, the vote resulted as follows: • I • • - • • • May 7 , 1979 Pa g e 3 Ayes : Nays : • • • Co1.mcil Hembers Clayton, Mann, Williams, Weber, Smith, Harper, Taylor . None. The Mayor declared the motion carried . * * * * * * Hr. Charles Roland, 424 West Oxford Avenue, appeared before Council on behalf of Mrs . Dorothy Roland. Mr. Roland re quested Co1.m- cil's approval to install a 48-inch chain link fence along the front and to the side of their property which would encroach into the City's right-of-way on South Elati Street and West Oxford Avenue. Director Wanush appeared before Council and stated there were no objections to the request. Mr. Wanush stated it would be appro- priate to grant the encroachment if the fence is no higher than 42 inches required by ordinance for fences installed in front yards. COUNCILMAN CLAYTON MOVED TO BRING FORWARD AGENDA ITEM 6F "MEMORANDUM CONCERNING THE ENCROACHMENT REQUEST AT 424 WEST OXFORD AVENUE". Co1.mcilman Hann seconded the motion. Upon a call of the roll, the vote resulted as f ollows: Ayes : Nays : Co1.mcil Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None . The Mayor declared the motion carried. COUNCILMAN CLAYTON MOVED TO APPROVE THE ENCROACHMENT REQUEST FOR MRS. DOROTHY ROLAND, 424 WEST OXFORD AVENUE , WITH THE STIPULATION THAT THE FENCE NOT BE OVER FORTY-TWO (42) INCHES HIGH. Co1.mcilman Har pe r seconded the motion . Upon a call of the roll, the vote re s ulted as fo llows: Ayes: Nay s: Co1.m ci l Me mbers Clayton, Mann, Wi lliams , Weber , Smith, Harper , Taylor. None . The Mayor declare d t he motion carried . * * * * * * Director o f Ut i l i tie s Fonda appeared before Council and dis- cussed the bids rece i ved f or the Allen Water Treatment Plant additions and i mprovement s , Dar tmo uth Av e n ue Pump Station and Bear Creek Pump St ation modi fi c a tion s , a n d the eleva ted tank. Mr . Fonda stated he • I • - • May 7, 1979 Page 4 • • • had recommendations for all the projects except the elevated tank and that recommendation would be forthcoming at the next regular Council meeting. Mr. Fonda recommended that Council accept the following b i ds : Pro j ect Allen Treatment Plant Da rtmouth & Be a r Creek Pump Stations Water Transmiss i on Mains TOTAL Contractor Olson Construction Co. Powder Horn Constructors Holsam Concrete Co. Bi d $ 4,708,496 .00 184,496.00 2,498,146.00 $ 7 ,391,395.00 Mr . Fonda stated the low b i dder for the Allen Treatment Plant was Petry-Vappi; however, they re~uested to be wi thdrawn claiming they had made a mathematical error. Mr. Fonda stated the City Attorney has advised him that collection of the bid bonds from Petry-Vappi would probably be unsuccessful; therefore, that was why he was recom- mending the Olson Construction Co. Mr. Fonda added the bid from Holsam Concrete Co. included $10,975.00 for the polyethylene encasement of the pipes. COUNCILMAN HARPER MOVED TO ACCEPT THE BIDS PRESENTED FOR THE ALLEN TREATMENT PLANT TO OLSON CONSTRUCTION COMPANY OF $4,708,496.00; FOR THE DARTMOUTH AND BEAR CREEK PUMP STATIONS TO POWDER HORN CON- STRUCTORS OF $184,496 .00; AND FOR THE WATER TRANSMISSION MAINS TO HOLSAM CONCRETE COMPANY OF $2 ,498,146 .00. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor, Mr . Lynn Massa, 4795 South Broadway a ppeared before Council . Mr. Massa discussed his objections to the Ci t y moving Fire Station #3 to property adjacent to his property. Mr. ~lass a stated from a community standpoint the relocation would be un- d es irable because the streets are too narrow percipitating traffic problems. Also, there were several schools in the area making it hazardous for school children. From a personal standpoint, Mr. Massa stated he felt it would force him out of business because the lot h e uses for parking would be taken by the City. Mr. Massa stated if • I • ( • • • • May 7, 1979 Pag e 5 the City would chang e the zoning of certain property in that area to c ommercial then he probably would not be hurt. Mr. Massa stated there were several locations on Bro adwa y that were not meeting code; namely, temporary buildings with no fo undations at: 3778 South Broadway 3940 South Broadway -two semi-trailers were paked out in the back lot 3800 South Broadway Quincy and South Broadway 4480 South Broadway * * * * * * Pre-scheduled visitor, Mr. Elmer Schwab, 4795 South Inca Street, appeared before Council and discussed his concerns about re- location of Fire Station #3. Mr. Schwab objected to spendin g money to relocate the station and felt it should be spent helping those people who had frozen water pipes last winter. Mr. Schwab suggested delaying the move until the State Department of Highways widens Belleview at which time they would have to take the financial responsibility of relocating it. Mr. Schwab stated the proposed location is hazardous for the same reasons stated by Mr. Hassa. Mr. Schwab stated the pre- sent location serves it purpose and encouraged Council to study the matter further . * * * * * * Pre-scheduled visitor, Mrs . Laura Dreher, 1305 East Howell, Seattle, Washington, appeared before Council. Mrs. Dreher stated she receives her sole income from the property located at 4811 South Broad- way and would be forced to sell it if the City relocates the fire station at the corner of Layton and Acoma Streets. Pre-scheduled visitor, Mr. Stephen Dreher, 54 West Layton Av enue, and Hr . Michael Haran, appeared before Council and presented a r g uments on t h e proposed relocation of Fire Station #3. They pre- sented a map illustrating current fire station locations and each station's r e spons e time . Mr. Dreher questioned why the relocation was necessary. City Mana g er McCown stated there were too many traffic pro- blems on Belleview Avenue. The results of a study conducted in 1973 by Public Technology, Incorporated, identified this particular fire sta t i on to b e i n the wrong location and recommended moving it further to th e nort h an d east. Mr . McCown stated funds were first appropriated in 1973 ; h owever, the p roj ect has been given a low priority until this y ear . Mr . Dreh er o pp o s ed the proposed site for the following rea- sons: l ) it would i nvo lve the taking of a residential home ; 2) the fire • I • { • May 7 , 1979 Pag e 6 • • • truck would g o by the front of two schools; 3) time would be lost traveling over the dips in the street on Clayton ; 4) the traffic is t o o heavy for access onto South Broadway ; 5) the streets are too narrow on Layton and Acoma; and 6) parking would probably be banned a t the businesses of Massa Glass, the Tackle shop, neighboring ap artment bu i ldings and single-family residences in the area. Mr. Dreher suggested the following alternatives: 1) renovate the volunteer fire station at Quincy and Federal; 2) relocate at Tufts and Navajo where there are no residential homes, two lots are for sale, and close access to schools and major arterials. Mr. Dreher stated he hoped his agruments proved a need for further study on the proposed relocation of Fire Station #3 . Pre-scheduled visitor, Mrs. Betty J. Wike, 4985 South Huron, a p peared before Council. Mrs. Wike stated several people in her neigh- borhood want to keep the station at its present location. Mrs. Wike stated she was a member of the Dreher family, grew up in the area of the proposed site, and would be disappointed to see the City take it . Mrs. Wike asked that the small merchants not be forgotten and some of them would be hurt if the parking was taken away. She felt the traffic problems would be just as bad on Broadway as they are now on Belleview. She appealed to Council not to take away the property owned by her sister-in-law, Mrs. Laura Dreher. Mrs. Wike asked the audience for a show of hands of those who were in support of Mrs. Dreher. Approxi-mately 40 people held up their hands . COUNCILMAN MANN MOVED TO BRING FORWARD AGENDA ITEM 7D "A RESOLUTION CONCERNING THE RELOCATION OF A FIRE STATION". Councilman Wi lliams seconded the motion. Upon a call of the roll, the vote re-s ulted as follows: Ayes : Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Hayor declared the motion carried. COUNCILMAN MANN MOVED TO POSTPONE THE RESOLUTION FOR TWO COUNCIL MEETINGS UNTIL THE FIRST COUNCIL MEETING IN JUNE . Counc il-man Williams seconded the motion . Ay es : Counc i l Members Clayton, Mann, Williams, Harper, Ta y lor. Na y s: Council Members Weber, Smith. Th e May or declared the motion carried . Counc i lman Smi th stated postponement would not accomp l ish anything without a ddit i onal information , citizen in p ut and planned • I • ( • May 7, 1979 Page 7 • • • presentations from staff. Councilman Smith stated there needs to be an o p en forum for citizen input. COUNCILMAN MANN MOVED TO SET A PUBLIC HEARING FOR HAY 14, 1979, TO CONSIDER THE RELOCATION OF FIRE STATION #3, AT 8 :00 P.M . No tion died for lack of a second. COUNCILMAN SMITH MOVED TO SET A PUBLIC HEARING ON TUESDAY, MAY 22, 1979, AT 7:00 P.M. TO DISCUSS THE MATTER . Councilman Mann seconded the motion. Councilman Smith withdrew his motion because the date con- flicted with a Planning and Zoning Commission hearing. Councilman Mann withdrew his second to the motion. COUNCILMAN WILLIAMS MOVED TO SET A STUDY SESSION FOR MAY 29, 1979, AT 7 :00 P.M. AT THE POLICE/FIRE CENTER TO DISCUSS THE }~TTER. Councilman Mann seconded the motion. Councilman Clayton requested that Council pursue City Manager McCown's suggestion in that letters be written to all property owners in the areas of all the proposedsites notifying them of the study session and that full information be available to Council on each site. Councilman Har~er requested an impact statement on each one of the sites for Council s information. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor, Mrs . Audrey Scott, 2926 South Galapago Street, appeared before Council and discussed the frozen water line pro - blem. Mrs . Scott stated she was representing a newly-formed organizat ion called the MMI. Mrs. Scott stated the proposed resolution for partial reimbursement to citizens who had frozen water lines this winter is discriminatory and represented a special interest group because reim- bursement depends upon one's annual income and who can say who can for unth aw ing frozen water lines. Mrs. Scott stated the MMI favors full reimbursement for everyone. Mrs. Scott questioned the credibility of the Denver Regional Council of Governments from which certain information was taken to prepare the resolution. Mrs. Scott suggested the following courses of action concern- ing the problem: 1) defeat the resolution and redevelop a plan that would • I • - • • • • May 7, 1979 Page 8 p rovide for comple te and total reimbursement for all people; 2) de- cide what to do about futur e freezes; and 3) pass an ordinance where- by the City assumes responsib ility for water mains in the City's righ t-of-way. Mrs . Scott stated the MMI recommends defeat of the re- solution after which will come repercussions to get the government back to the people. When asked by Councilman Smith for what did the initials MMI stand, Mrs. Scott refused to answer. * * * * * * Pre-scheduled visitor, Mr. Jack Patterson, 3587 South Ogden Street, appeared before Council Mr. Patterson stated he was present because Council did not vote on his petition presented at their meet- ing of April 2, 1979, to remove Councilman Donald Weber from his seat in Council District #2. Mr. Patterson submitted another petition con-cerning hi s s ame prior request . * * * * * * Mayor Taylor asked if there were any other visitors in the audience wishing to speak at this time. Mrs. Patterson, appeared before Council and requested infor- mation on the Senior Surrey. Mayor Taylor stated he had received additional information and would get in contact with her the next day. Mr. George H. Allen, 2799 South Downing, appeared before Council and discussed the challenge to remove Councilman Donald Weber from his district. Mr. Allen stated the issue has drawn rnch interest i n his neighborhood from those citizens who were satisfied with Mr. Webe r's performance on the Council . Mr. Allen stated these people are will ing to offer full sup p ort to keep Mr. Weber on Council . Mr . Allen asked for a show of hands of those people who supported Mr. Weber. Approximately 40 people rais ed their hands. Mr . Russell Reeme, 220 West Layton Avenue, appeared before Council and questioned why does Council need 2/3 vote to pass the emergency reimbursement water l ine resolution when it is not required on other matters. Mayor Ta ylor stated the issue was on the agenda and asked if Mr . Reeme had heard the discussion on this matter at the study session . Mr. Reeme indicated that he had. Mr. Bob Brundage, 4140 South Huron, appeared before Council and spoke in opposition to some issues raised by some citizens who have spoken out against the City Council. Mr. Brundage asked that such • I • • May 7, 1979 Page 9 • • • actions be brought to a halt in order that Council could return to more important issues. He stated there were a lot of positive- thinking citizens in Englewood and it is not their intention to let the harassment continue. Mr. Doug Sovern, 4550 South Knox Court, Council and offered his full support to Council. the attacking of elected officials and stated the what qualifications does the petitioner have that vestigate the Council. appeared before Mr. Sovern opposed citizens should ask allow; him to in- Mrs .Isabella Knight, 3021 South Lincoln, appeared before Council. Mrs. Knight stated she was one of the people who had written letters in the newspapers. Mrs . Knight stated she wrote the letters not to talk about someone but to bring up issues about which she felt the public should be concerned. Mrs. Knight stated she did not want to cause dissention between the Council and the citizens but rather wanted them to work together. Mrs. Knight stated she had become ill f rom the smoke-filled room and wished that smoking would not be per- mitted at public meetings. Councilman Clayton spoke on the matter of serving as a coun- cilman and a personal incident involving his son. Mr. Clayton stated people must respect each other's right to disagree. Mrs. Beverly Howell, 3255 South Delaware, appeared before Council and asked for identification of an area designated for low cost housing in the City of Englewood. Mrs. Howell referred to a re- cent article appearing in the Englewood Citizen concerning the matter . Director Wanush appeared before Council and explained what target area was being staged for rehabilitation loan eligibility. Mr . Wan ush stated the article discusses more subjects than just the re- habilitation loan program . Mr. Truman Davis, 2721 South Ogden, appeared before Council . Mr. Davis stated he was proud of his councilman and would like to have Mr. Jack Patterson and whoever is behind him investigated . Mrs. Frances Howard, 645 East Yale Place, appeared before Council . Mrs. Howard stated the actions that have taken place in the last few weeks against certain council members would deter any q ualified person from running for election in November . Mayor Taylor expressed appreciation to the people who came to the meeting. The Mayor also expressed the pride he felt in being a p art of the City of Englewood. * * * * * * Mayor Taylor declared a recess at 9 :30 p .m. The Council re- convened at 9 :45p.m. Mayor Taylor asked for roll call. Upon a call of t h e roll, the following were present : • I • • Ma y 7, 1979 Pag e 10 • • • Council Members Williams, Weber , Smi t h, Har per , Cl ay t on, Mann, Taylor. Absent: None. The Mayor declared a quorum present . * * * * * * COUNCILMAN MANN MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER THE COl~ITY DEVELOPMENT BLOCK GRANT APPLICATION. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Hayer declared the motion carried. Director of Community Development Wanush appeared before Council and presented the grant application. Mr. Wanush stated the application is for the United States Department of Housing and Urban Development for $226,000 to be used solely for housing rehabilitation in the City of Englewood. Mr. Wanush stated the $226,000 would be used to subsidize loans in the existing program and would allow the pro5ram to continue for another two years. Mr. Wanush explained the philosophy for focusing on one particular target area and which areas will be emphasized under the program. Hr. Wanush stated the Planning and Zoning Commission has a p proved the Housing Assistance Plan and the amended target areas are a part of the proposed comprehensive plan soon to be transmitted to Council. Hayer Taylor asked Mrs. Howell if her previously-stated q uestions had been answered. Hrs. Howell stated that they had been. Hayor Taylor asked if anyone in the audience wished to speak in favor of the application. No one responded . Mayor Taylor asked if anyone in the audience wished to speak ag a i nst the application . No one responded. COUNCILMAN WEBER MOVED TO CLOSE THE PUBLIC HEARING. Council- man Harper seconded the motion. Upon a call of the roll, the vote re-s ulted as follows: I • • - • • May 7 , 1979 Page 11 Ay es : Nays : • • • Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. COUNCILMAN SMITH MOVED THAT THE CITY MANAGER BE ALLOWED TO SIG N THE COMMUNITY BLOCK GRANT APPLICATION. Councilman Clayton seconded the motion. Upon a call of the roll , the vote resulted as fol l o ws : Ayes : Nays : Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None . The Hayor declared the motion carried . * * * * * * COUNCILMAN HARPER MOVED TO OPEN THE PUBLIC HEARING TO CON- SIDER THE REQUEST FOR A SPECIAL EVENTS PERMIT FOR BEER, WINE, AND LIQUOR FOR ALL SOULS CATHOLIC CHURCH ON JUNE 9 AND 10, 1979. Coun- cilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. Mr. James Sprinkle, 500 East Grand, appeared before Council as a representative from All Souls Catholic Church. Mr. Sprinkle submitted the photograph of the notice for a public hearing and re- quested that Council grant the special events permit. Mayor Ta y lor asked if anyone in the audience wished to speak i n objection to the special events permit. No one 'esponded . COUNCILMAN HARPER MOVED TO CLOSE THE PUBLIC HEARING. Coun- c i lman Clayton seconded the motion . Upon a call of the roll, the vote res ulted as follows : Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor . None. Th e Ma yo r declared the motion carried . • I • f ( • May 7, 1979 Page 12 • • • COUNCILMAN WILLIAMS HOVED TO GRANT THE SPECIAL EVENTS PERMIT FOR BEER, WINE, AND LIQUOR FOR ALL SOULS CATHOLIC CHURCH ON JUNE 9 AND 10, 1979. Councilman Hann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Hembers Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. * * * * * * "Connnunications -No Action Recommended" on the agenda were received: (a) (b) (c) (d) (e) (f) Hinutes of the Housing Authority meetings of February 27 and Mar~h 22, 1979. Minutes of the Board of Adjustment and Appeals meeting of March 14, 1979 . Minutes of the Board of Career Service Connnis- sioners meeting of March 15, 1979. Hinutes of the Planning and Zoning Commission meeting of April 3, 1979. Minutes of the Animal Control Committee meeting of April 23, 1979. Hemorandum from the Director of Public Works to the City Manager concerning snow and ice control. Councilman Mann asked for a status report on item (e). Mr. Thad Carson, 3990 South Jason, Chairman of the Animal Control Committee appeared before Council. Mr. Carson stated the Connnittee will vote next Monday night whether or not to accept a licensed veterinarian as a member. Mr. Carson stated there had been miscom- mu nication concerning the Committee's next meeting but the misunder-standin g had been corrected . * * * * * * City Manager McCown presented the minutes of the Public Library Board meeting of April 10, 1979, with a recommendation that appropriate action be taken to fill the vacancy on the Library Board. City Manager McCown stated the vacancy expires February 1, 1980 . • I • • ( • May 7, 1979 Page 13 • • • COUNCILMAN CLAYTON MOVED TO ACCEPT THE RECOMMENDATION AND TO SCHEDULE DISCUSSION ON THE RECOMMENDATION AT THE NEXT REGULAR STUDY SESSION. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. City Manager McCown stated the letters of application for the vacancy would be included in Council's next agenda packet. * * * * * * City Manager McCown presented the minutes of the Parks and Recreation Conmission meeting of April 12, 1979 with two recom- mendations. The first recommendation concerns the land east of the Malley Senior Recreation Center. Mr. McCown stated the Commission recommends that the City purchase the property east of the Malley Center to be used for additional parking . Mr. McCown stated the property is the one about which the Englewood Centennial Bi-Centennial Foundation Administrative Committee appropached Council several month ago; and discussed their proposal to give Council certain monies to purchase the property if Council would match their funds. Mr. McCown stated both he and Mayor Taylor were designated to negotiate terms with the Com-mittee and negotiations are still on-going. COUNCILMAN CLAYTON MOVED TO RECEIVE THE RECOMMENDATION FROM THE PARKS AND RECREATION COMMISSION. Councilman Harper seconded the motion . City Manager McCown explained in detail the status of the negotiations between the Committee and the City on the matter. Mr. McCown stated the Committee is presently undergoing evaluation of its purpose and capabilities . Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. Mr. Doug Severn, 4550 South Knox Court, appeared before Council and spoke on the Centennial-Bi-Centennial Foundation. Mr. Severn stated he recalled that the City was to match funds with the • I • ( • May 7, 1979 Page 14 • • • Committee on a specific ratio as outlined in the original agree- ment to make sure that any money contributed for a specific purpose was used for that purpose at least up to the original liability. Mr. Sovern doubted that the Foundation was doing that. Mr. McCown stated the second recommendation from the Parks and Recreation Commission concerns the golf ball problem. Mr. McCown referred to the suit brought against the City by Mr. Byron Sutton for property damages. Mr. McCown stated the Commission has offered the following three alternatives to the problem: 1) construct a screen 30 feet high and 60 feet long adjacent to the tee box -the aesthetic result would be grotesque but the effectiveness good; 2) plant six tall pine trees 20 -25' on the bank of the creek at $700 -$800 per tree -the aesthetic result would be good as well as the effectiveness; 3) stimulate growth of the existing trees for a cost of $500 over a three year period. Mayor Taylor discouraged Council to pay the claim of Mr. Sutton's on the basis of setting a precedent for future claims. Councilman Smith queried the City Attorney on the possibility of buying insurance coverage for this type of claim. City Attorney Berardini stated his office researched the pro- blem with other golf courses in Denver. Mr. Berardini reported that the federally-owned clubs will pay damages done to vehicles or resi- dences which lie in the fairway. Of the other clubs that were checked, all stated it was the responsibility of the individual golfer to pay for damages he or she may have caused. Mr. Berardini stated the Council may want to consider at a later time looking into possibilities of buying protection to cover such claims. COUNCILMAN HARPER MOVED TO PROCEED WITH THE PLANNED PROGRAM NOW IN EFFECT AT THE GOLF COURSE TO ELIMINATE THE PROBLEM OF GOLF BALLS THAT ARE HIT INTO THE TRAILER COURT WHICH IS ALTERNATE #3 . Coun- cilman Weber seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Clayton, Mann, Williams , Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. * * * * * * Director of Utilities Fonda appeared before Council and pre- sented the minutes of the Water and Sewer Board meeting of April 23, 1979, and the recommendations to approve the contract with the Colorado Water Conservancy District Groundwater Management Subdistrict, to approve • I • - • May 7 , 1979 Page 15 • • • Su pp lement #66 Southgate Sanitation District and to approve Sup p le- ment #67 Southgate Sanitation District contained therein . COUNCILMAN CLAYTON MOVED TO APPROVE THE AGREEMENT WITH THE COLORADO WATER CONSERVANCY DISTRICT GROUNDWATER MANAGEMENT SUB- DISTRICT FOR LEASE OF RAW WATER. Councilman Harper seconded the motion. Up on a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None .. The Mayor declared the motion carried. COUNCILMAN CLAYTON :t-10VED TO APPROVE SUPPLEMENT /!66 TO THE SOUTHGATE SANITATION DISTRICT. Councilman Harper seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Hayor declared the motion carried. COUNCILMAN CLAYTON MOVED TO APPROVE SUPPLEMENT #67 TO THE SOUTHGATE SANITATION DISTRICT . Councilman Harper seconded the motion. Up on a call of the roll, the vote resulted as follows : Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried . * * * * * * City Mana g er McCown presented the request for a 3.2 beer license renewal -consumption off the premises -for the 7-ll Store, 2 705 South Broadway. Mr. McCown stated the request had been tabled until this meeting because more information was needed to explain why t h e applicant had responded affirmatively to the question, "Have you eve r had y our license suspended or revoked?" Mr. McCown stated after i nvestig ation, it was discovered that there had been no violations of the liquor code by this particular store in the City of Englewood. The firm operates several stores throughout the south and southwestern p art of the United States, some of which have had their licenses re- voked. Mr . McCown stated the firm wanted to be completely honest in app l y ing for a renewal license. • I • • - • ( • Ma y 7, 1979 Pa g e 16 • • • COUNCILMAN WILLIAMS MOVED TO RENEW THE LICE NSE FOR 3 .2 BEER - CONS UMPTIO N OFF THE PREMISES -FOR THE 7-11 STORE, 2705 SOUTH BROAD- wa y . Councilman Weber seconded the motion. Upon a call of t h e roll, the vote resulted as follows: Ayes : Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. ORDINANCE NO. 20 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 21 INTRODUCED BY COUNCILMAN HARPER AN ORDINANCE AMENDING SECTION 5 (f), CHAPTER 1, TITLE X, of the '69 E.M.C., AUTHORIZING THE PARKS AND RECREATION COMMISSION TO APPOINT A SENIOR CITIZENS ADVISORY COMMITTEE AND THE COMMITTEE BE REVIEWED BY COUNCIL AT EVERY THREE-YEAR INTERVAL. City Attorney Berardini noted that the two paragraphs under 10-l-5 : POWERS AND DUTIES be reversed and that the paragraph appearing in capital letters be made subsection (f) and the para- g raph appearing in lower case be made subsection (g). COUNCILMAN HARPER MOVED TO PASS COUNCIL BILL NO. 21 ON FINAL READING. Councilman Weber seconded the motion. Councilman Clayton stated he was in agreement with the basic intent of the bill; however, he thought it was not a good idea to have independent boards and agencies of the City appointing other boards and agencies . Mr . Clayton stated he though appoint-me nts should require Council approval. Upon a c a ll of the roll, the vote resulted as follows : Ayes : Nays : Council Members Mann, Williams, Weber, Smith, Harper, Taylor. Council Member Clayton . The Mayor declared the motion carried. * * * * * * • I • • • Ma y 7 , 1979 Pa g e 17 ORDI NANCE NO. 21 SERIE S OF 1979 • • • BY AUTHORITY COUNCIL BILL NO . 24 INTRODUCED BY COUNCILMEN ~~/S M ITH AN ORDINANCE VACATING PART OF A STREET BETWEEN BLOCKS 4 AND 5, ENGLEWOOD HEIGHTS SUBDIVISION, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, COLORADO . City Att o rney Berardini asked the private party involved i n this transaction, Mr . William F. Davis, if he would be wi lling to g rant to the City an easement for the purposes of maintai n i n g the Ci t y Ditch with the provision that if the ditch should be piped then the easement would be returned to him. Mr. William F. Davis was in attendance and stated t h at h e and his wi fe a greed to the condition as stated by the City At torney . COUNCILMAN SMITH MOVED TO PASS COUNCIL BILL NO . 24 ON FINAL READING WITH THE ADDITION OF THE EASE~ffiNT TO BE SUPPLIED BY THE CITY AT TORNEY. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows : Ay es : Na ys : Council Members Clay ton , Mann, Williams, Weber, Smith , Harper, Taylor. None . The Mayor declared the motion carried . ORDI NAN CE NO. SERIES OF 1979-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO . 25 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE APPROVING AGREEMENT BETWEEN THE CITY AND COUNTY OF DENVER, ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS, AND THE CITY OF ENGLEWOOD, COLORADO , KNOWN AS THE "CITY DITCH AGREEMENT", WITH CER-TAIN AME NDMENTS . COUNCILMAN WILLIAMS HOVED TO PASS COUNCIL BILL NO. 25 ON FI RST READING . Counc i lman Weber seconded the motion. Councilman Smith state d he opposed the bill because he and several other c i t izens we re unde r the i mpre s sion that i t was go i n g to • I . • • May 7, 1979 Page 18 • • .. be closed in the next three to five years; thus g~v~ng property owners additional use of their property. The term of the agreement is for twenty years; consequently, the ditch may never be closed. Councilman Clayton opposed the bill because the term of the a g reement is too long. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Council Members Mann, Williams, Weber, Harper, Taylor. Council Members Clayton, Smith. The Mayor declared the motion carried. RESOLUTION NO. 18 SERIES OF 1979 * * * * * * A RESOLUTION AUTHORIZING THE PURCHASE OR CONDEMNATION OF A FEE SIMPLE INTEREST AND EASEMENT IN CERTAIN LANDS WITHIN THE CITY OF ENGLEWOOD, COLORADO, TO PROVIDE A SITE FOR CONSTRUCTION OF A WATER STORAGE STRUCUTRE. COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 18, SERIES OF 1979. Councilman Harper seconded the motion. Upon a call of the roll,the vote resulted as follows: Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. RESOLUTION NO. 19 SERIES OF 1979 * * * * * * A RESOLUTION APPROVING THE APPLICATION OF PAUL H. DAGHLIAN AND SHAKE' T. DAGHLIAN, DOING BUSINESS AS PAUL'S RESTAURANT & PIZZERIA, FOR A HOTEL AND RESTAURANT LICENSE TO BE LOCATED AT 3542 SOUTH FOX, ENGLEWOOD, COLORADO. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 19, SERIES OF 1979. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • ( • May 7, 1979 Pag e 19 Ayes : Nays : • • - Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None . The Mayor declared the motion carried. RESOLUTION NO. 20 SERIES OF 1979 * * * * * * A RESOLUTION APPROPRIATING $50,000 FROM THE WATER FUND TO THE ADMINISTRATIVE AND GENERAL ACCOUNT TO PROVIDE AN EMERGENCY FUND TO ASSIST IN DEFRAYING THE COST OF THAWING WATER SERVICE LINES AND TO ESTABLISH QUALIFICATION FOR COMPENSATION THEREFOR. City Attorney Berardini noted in the fourth paragraph "92" should be changed to "93". COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 20, SERIES OF 1979. Councilman Smith seconded the motion. Councilman Clayton noted that the resolution contains no upper limit on all claims. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Council l1ernbers Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. RESOLUTION NO. 21 SERIES OF 1979 * * * * * * A RESOLUTION AUTHORIZING MACLEE RADIO, INC. AND WESTERN BROADCAST- IN G CORPORATION A THREE MONTH EXTENSION OF THE LEASE OF JANUARY 1, 19 72 . COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 21, SERIES OF 1979 . Co uncilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Hembers Clayton, Hann, Williams, Weber, Smith, Harper, Taylor . • I • • - • May 7 , 1979 Page 20 Nays: None. • • - The Hayor declared the motion carried. * * * * * * City Attorney Berardini reported on the status of the case Oliner vs. the City, involving the property upon which the Police/Fire Cen ter is located. Mr. Berardini stated the Colorado State Supreme Court has refused to accept the case; and the lower court decision stands. Therefore, the law suit is completed and the City may exerc ise its option to purchase the land according to the terms of the lease after 1995 . Mr. Berardini stated he would prepare a broader report on the case at a later date . * * * * * * City Manager McCown pres ented a memorandum from the Director of Public Works to the City Manager concerning the speed limit on South Elati Street . Mr. McCown stated the results of the study conducted b y the Traffic En gineer indicate that 25 miles per hour i n this area is an adequate speed. Mr. McCown stated the Traffic Engineer als o points out that the Model Traffic Code stipulates that 25 miles per hour will be in the speed limit in business districts. Mr . McCown stated the cross walk intersection at Girard Street will be restrip ed and Police Chief Holmes will ask for selective enforcement of the speed limit in this area . Mr. HcCown stated staff does not reconnnend that the speed limit be changed to 15 miles per hour. Council discussed the problem of pedestrian cross walks in this are a . Council re q uested the City Manager to report back on some of their suggestions. City Manage r McCown stated he would request that the study be broadened and follow up with recommendations . RES OLUTION NO. 17 SERIES OF 1979 * * * * * * A RESOLUTION SUPPORTING THE DENVER REGION ELEMENT OF THE STATE IMPLEMENTATION PLAN THROUGH COMMITMENT TO IMPLEMENT SPECIFIC AIR POL LUTION CONTROL MEASURES AND TO CONSIDER FOR IMPLEMENTATION THOSE ADDITIONAL MEASURES RECOMMENDED AS THE RESULT OF FURTHER EVALUATIONS TO BE CONDUCTED UNDER THE CONTINUING AIR QUALITY PLANNING PROCESS. Director of Community Development Wanush appeared before Council and discus s ed the commitments b y which passage of the resolution would obligate the City. Councilman Ma nn opposed the concept of the resolution on the basis that the agency is no long er advising the City of Englewood but • I • • May 7 , 1979 Pag e 21 • • • di ctating to it; thereby, taking away local authority of local pro-blems. Councilman Harper stated there has to be a coordinating agency in the region if anything is going to be done about pollution. COUNCILMAN WEBER MOVED TO PASS RESOLUTION NO. 17, SERIES OF 1979. Councilman Harper seconded the motion. Councilman Smith expressed concern on how the plan was going to be financed. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Clayton, Williams, Weber, Harper, Taylor. Nays: Council Members Smith, Mann. The Mayor declared the motion carried. Mr. Bill Howard, 1411 East Dartmouth Avenue, was granted per- mission to appear before Council. Mr. Howard stated Englewood has been designated as a regional activity center and any future acquiescence to clean air plans will have a direct effect on the City's economy. Mr . Howard suggested that before the restrictions get more specific relative to clean air, negotiations be started with DRCOG to get some k ind of a balance between their commitment to RTD facilities in this area against their requirements for clean air. * * * * * * City Manager McCown presented the six quarter budget for April 1979 through September 1980 and the recommendations contained therein. RESOLUTION NO. 22 SERIES OF 1979 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND, REVENUE SHARING FUN D, AND GENERAL FUND BUDGETS FOR 1979. COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 22, SERIES OF 1 979. Councilman Smith seconded the motion. Upon a call of the roll, th e vote resulted as follows: Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor . None. • I • - • May 7, 1979 Pag e 22 • • • The Mayor declared the motion carried. * * * * * * COUNCILMAN CLAYTON HOVED TO AUTHORIZE THE HAYOR TO SIGN THE GRANT RECEIVED FROM THE STATE HOUSING DIVISION IN THE AHOUNT OF $35,000 FOR THE REHABILITATION PROGRAH. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper , Taylor . None. The Hayer declared the motion carried. * * * * * * City Ma nag er McCown stated the City has been not ified by the Bureau of Outdoor Recreation of acceptance of a grant for $250 ,000 for the river redeve lopmen t . Mr . McCown stated the grant is match ing monies for 1980 and the staff is studying the accounting procedure s to facilitate the grant. Mayor to be discuss d session as soon a * * * * * * minded Counc il of numerous items which ne d May or Taylor proposed a day-long study COUNCILMAN MANN MOVED TO INSTRUCT THE CITY ATTORNEY TO PREPARE AN ORDI ANCE 0 THE REPAIR, REPLACEMENT, LOWERI NG AND THA ING OF FROZEN WATER LINE S IN THE CITY 'S PUBLIC RIGHT-OF-WAY . Councilman Smi th seconded the motion . Councilman Weber stated he wo uld like to discuss the matter at a study session to avoid making amendments to a final draft . Councilman Mann withdrew his motion . Councilman Smith with-drew his second to the motion. Council agreed to discuss the frozen water line matter in a study session. Council agreed to set aside May lOth at 6 :00 p.m . to discuss labor negotiations in an executive study session . * * * * * * Mayor Taylor stated the Englewood High School marching band has been invited to participate in the annual Rose Bowl parade. Mayor • I • • May 7, 1979 Page 23 • • • Taylor asked Council to help these students find jobs because each student has to pay his or her own way. * * * * * * Councilman Clayton requested a bulletin of the list of times and dates for the meetings that have been set up during this meeting . * * * * * * There was no further business to be discussed. * * * * * * Mayor Taylor adjourned the meeting without a vote at 11:45 p.m. Djputy City erk (/ • I . - • • • - M E M 0 R A N D U M TO: Andy McCown, City Manager FROM : William D. James, Director of Finance Gary Diede, Director of Engineering Services DATE : May 17, 1979 SUBJECT: Golf Course Bids Bids were received on May 4, 1979, by the Finance Department (Pur- cha sing) for construction of the second nine holes of the En glewood Golf Course. Attached is the recommendation from the City's golf course architect - Phelps -Benz & Associates. We concur with their recommenda tion of awarding the bid to the lower bidder Randall and Blake of Littleton, Colorado, in the amount of $692,840.66. We are also recommending that Alternate #l for the TCP valves be authorized for inclusion in the base bid at a later date only if funds become available during the course of construction. Alternate #2 and t~whic h are for irrigation and seeding (respectfully) for the driving range we recommend not be awarded due to lack of funds currentl y appropriated for the project. Also, Alternate #2 and #3 can be funded with a grant that the City has received for the golf course in the amount of $260,000 to be received in 1980. The following is the current budget status and additional items to be completed this year: Budget Available Base Bid Power Additional Excavation and fill not included in the bid Budget Available $ 752,000.00 692.841.00 9,000.00 50,000.00 15 9.00 The above fig ures do not include any contingencies . Therefore, we recommend that in the next six quarter budget that the Council author ize $40,0 00 additional appropriation for contingencies to insure that this project is complete within appropriated funds . Our main concern is in the additi onal excavation and fill which could be less or more than the amoun t reflected previously. · -~ Gary D · CIJ Director of Engineer ing Service s /j lw attachment • I • • PHELPS -BENZ & ASSOCIATES r1ay 17 , 1979 Mr. Andy McCown City Manager City of Englewood 3400 South Ela t i Englewood , Colorado 80110 Dear Mr. McCown : • • • GOLF COURSE ARCHITEC TS Bids were opened at 10:00 a.m., Mountain Daylight Time, on May 4, 1979, in the conference room of the Englewood Libr ary for construction of the second ninP ~ales for the Englewood Golf Course. Five bids were rece ived and are tabulated on the enclosed summary sheet . Bidders were given the opt ion of 1: bidding on the entire pro- ject as a general contractor, 2: bidding one or more of the elements or portions of the work, or 3 : tying thei r bids so That their prices be taken for specific elements. Two bidders, Randall and Blake of Littleton, Colorado and Moore Golf of Cul pepper, Virginia , tied their bids while the remaining three bid only single element s of the project. After cross-checking their figures and thoroughly examining their bids, it becomes apparent that Randall and Blake is the low bidder wi th a base bid of $ 692 ,84 0 .66. This figure compares quite favorably with our April 6, 1 979 estimate of $ 638,1 58 .00 which was made before we were aware that the Davis-Bacon Act requirements covered the project . The bids of all bidders include several unit prices to cover additional work that might be required due to uncerta inties in the work by the City on landfill shaping, as well as shortages of topsoil and required cover over the landfill. In addition, three addit ive alternates were reguested asking for prices on a much higher quality and lower maintenance valve as well as for the development of future areas adjacent to the golf course. P 0 BOX 2 ~·~ EVERGREEN COLORADO 80tl9 IELEPHOHE llDlJ 6/t-5585 AMERICAN SOCIElY Of COLI COURSE ARCHITECTS AMERICAN SOCIElY OF LANDSCAPE ARCHITECTS • I . • Mr. McCown May 17, 1979 Page two • • • We recommend that the bid of Randall and Blake be accepted, for a total of $ 692,840 .6 6. We recommend turning down Alternate s #1, #2, and #3 until further design and funding is approved . Alternate #2 and #3 can be completed under a grant from the Bureau of Outdoor Recreation, but must wait un til nex t year for funding. We thank you for the opportunity of providing our design services to you and look forward to seeing to it that the project is p roperly constructed in the field. Sincerely, P~~::Ps -oN' & ArO CIA~E , .:NC. ( t:J:_;;: : ' ·'/, / ' / I \ "1i l L2---. t.<J . >-I . Richard M. Phelps Principal RMP:bjs I • • Ill --·-·· -------t---":erkey Gi lman I IIHlS I I ~ 'Jm p Sum --~arth~1ork ~ump Sum $290 ,394.00 S32i ,912.00 Irrigation & Pumps I I I Lump Sum , Seeding & Fertil i---, zat ion f --- S'.A. D TO TAL --BAS£ BID Alternate #1 $8,793.93 $5,975.00 -'-l ternate #2 $27,1 35.00 $25,934.00 I l l.lternate #3 -- • • • - DelPon te - - $36 ,9 3 0.16 -- - - $3,5 25.00 • 0 Mo u!:e I Rand all -B lake $4 82 ,735.')0 $363,572 .50 250,000 -·)0 291 ,578 .00 -- 33 ,517.00 37 ,690.16 $766,2 52.00 $692,84 0 .6 6 $9,500.00 $9,673 .00 $16,000.00 $29,848.00 $6,300 .0 0 $3,87 7.00 Unit Prices: Unit Prices: Land fil l-$4.00/c.y. Landfi11-S1.50 /c .y . Fill mat .-$5.00/c.y.Fill mat .-5 .50/c .y. Topsoi l-6.50/c .y . Top soi l-7.50 /c .y . rch ite · Estim?te $3 15 ,804 1---·-- 2 80 ,000 ---- 42,3 54 $638 ,158 • I • • - Chicago Bridge & Iron Company May 21, 1979 Honorable Mayor and City Council City of Englewood, Colorado 3400 South Elati Street Englewood, Colorado Gentlemen: Proposed 200 ,000 Gallon Elevated Storage Tank City of Englewood , Colorado We have been informed by Camp, Dresser and McKee, Inc., the City's Consulting Engineers, that the Council will conside r a recommendation to reject all bids and readvertise this project. As a responsive bidder, Chicago Bridge & Iron Company strongly protests this action. On April 18, 19 79, CBI submitted its bid for the project in response to the invitation and comple t e ly in accordance with the specifications, including all five addenda , as prepared by the Consulting Engineers. Our bid included a preliminary design ske tch of the proposed tank and required foundation. It is understood that Unive rsal's bid did not include this information which presented an o bstacle to the Consulting Engineers in making an e valuation. We have learned that after some time e lapsed, Universal came forward claiming an error and requested to be a llowe d to withdraw their bid. If this is tru e , we support their reque st and recommend that t h e award b e made to the second bidder, CBI Company . This action will be consistent w ith the precedent set on the Transmiss ion Mains Schedule. If the project e xcee ds available funding, following an award to CBI Company we would be willing to meet with both the City and the Consulting Engineers to ne gotiate an attractive price reduction bas ed on a reduced scope of work and for revised d esign condi- tions in an effort to p ermit the project to expediently procee d. To reject all bids will further delay the work and cost the City additional money. If the low bidder did in fact make an e rror , it is apparent their bid price will be increased when given the chance to rebid even though the specifications may b e revised. CBI Company went to the exp ense of pre paring the n eed e d design, obtained sub-bi ds, attended a pre-bid meeting and a job site visit without any e xpectation of reimburs ement • • 0 I • -• • • Chicago Bridge & Iron Company Page 2 Honorable Mayor and City Council City of Englewood, Colorado Re: Proposed 200MG Elevated Storage Tank May 21, 1979 other than the hope of having our bid accepted. Our bid is now exposed and because it was responsive, it will be the target price should the project be rebid. We consider that by rebidding this project, our competitors will have a totally unfair advantage. The City has a precedent for making an award to the second bidder since similar action was taken on the Transmission Main;Schedule. We have responded affirmatively to the request of Camp, Dresser and McKee, Inc. to hold our bid open until June 15, 1979. This should permit the Council adequate time to consider an award to CBI. The only fair alternate to awarding to CBI is for the Council to accept the bid submitted by Universal Tank & Iron Works on Aprill8, 1979 with the understanding that the work be performed in complete accordance with the present plans, specifications and addenda of the project. cc: Camp, Dresser & McKee, Inc. Denver, Colorado Attention: Mr. Wayne Fisher • Very truly yours, tJaJ,Q_ f 2~~ Walter E. Swanson Contracting Engineer I . ( ( City of Eng lewood May 17, 1979 Mr. Andy McCown City Man ager City of Englewood 3400 Sou t h Elati Street Englewo od , Colorado 80110 Dear Mr. McCown: • • • (o c.. --------- 3400 S Elat1 S1reet Engle wood . Colorado 80110 Phone (30 3) 761 -1140 It is recommended that all bids for the 200,000 gallon elevated water storage tank be rej ected and that the tank be redesigned and re-bid as recommended by Camp Dresser & McKee in the enclosed letter. ( Very tru ly yours, • Stewar t H. Fonda Directo r of Utilit ies ~~ Directo r of Finance SHF/kr Encl . • I . - ( ( • CDM enwronmental eng.neers, scentrsts. {Hnners, & management consultants May 17, 1979 Mr. Stewart H. Fonda Director of Utilities City of Englewood 3400 South Elati Street Englewood, Colorado 80110 Dear Mr. Fonda: • • • CAMP DRESSER & McKEE INC. Wr 1ter's Tower , Su.te 1100 1660 South AIDton Street, Denve r, Colo rado 80222 303 758 ·4351 We recommend that the bids on the 200,000 gallon elevated water storage tank, which were received on April 18, 1979, be rejected and the project rebid. We are convinced that we can alter the earthquake design criteria, in accordance with the requirements of both the Uniform Building Code (llBC), Zone 1 and the latest draft of the revised American Water Works Association (AWWA) Zone 1 design recommendations. This would significantly lower the base bid of those bids properly prepared on the present criteria. We also recommend that an alternate design, a multiple column elevated tank, be bid in addition to the single pedestal supported tank. After the receipt of bids, the City of Englewood may evaluate both alternatives on the basis of aesthetics and cost. If there are any questions, please call . Very truly yours, CAMP DRESSER & McKE E IN C. A/~~ 7 ~~· Wayne/r. Fi sher Sen i or Vi ce Pres ident WTF/g b • \ I • • • • - CITY OF ENGLEWOOD, COLORADO BOARD OF ADJUSTMENT AND APPEALS S A APRIL 11, 1979 REGULAR MEETING: The regular meeting of the Board of Adjustment and Appeals was called to order at 8:00 P .M. by Vice Chairman Howard Brown. MEMBERS PRESENT: Kreiling , Oliver, Leonard, Pratt, Brown. MEHBERS ABSENT: Dawson, Seymour. ALSO PRESENT: Clark, Assistant City Attorney Pittman, Chief Building Inspector Christy, Recording Secretary ---------------------------------------------------------------------------- SWEDISH MEDICAL CENTER 3337, 3349, 3361, 3363, 3316, 3320, 3322, 3368, 3380, 3392 So. Pennsylvan ia and 431 E. Girard Ave. CASE 17-79 Vice Chairman Brown called the public hearing open for Case 17-79. Mr. Clifford Johns on, representing Swedish Medical Center, was present before the Board. Mr. Pratt motioned and Mr. Kreiling seconded that: CASE 17-79, SWEDISH MEDICAL CENTER, BE TABLED UNTIL THE MAY 9, 1979 REGULAR MEETING OF THE BOARD OF ADJUSTMENT AND APPEALS DUE TO THE LENGTH AND VARIOUS ITEMS ON THE AGENDA. FURTHER THAT THIS CASE BE FIRST ON THE MAY AGENDA. Mr. Clifford Johnson stated that he was in agreement with the motion for tabling the case until the May meeting. Upon a call of the roll, the vote resulted as follows: AYES: Kreiling, Oliver, Leonard, Pratt, Brown. NAYS: None. Vice Chairman Brown declared Case 17-79 TABLED until M~y 9, 1979. ---------------------------------------------------------------------------------- • I • • • • • • • • Edith Muller 3185 So. Clarkson Case 12-79 REQUEST: The applicant is requesting a variance to permit the rooming of two boarders, one more than is presently permitted by Ordinance . This is a variance of the Comprehensive Zoning Ordinance, Section 22.4-4 n. (3) Other Provisions. The Staff Report was read and submitted to record. Mrs. Edith Muller, owner and resident of 3185 So. Clarkson, was sworn in for testimony. Mrs. Muller stated that she wanted to have two people as boarders in her extra bedroom rather than one. She stated she preferred either two men or two women but possibly a married couple could rent the room. She further stated that she had been considering working with the retarded elderly, possibly through a State Program. However, at the present time, she had no definite plans. Mrs. Muller stated that there was no financial hardship or any other hardship involved, but rather that she just liked helping people in finding a place to live. She explained that at the present time she had one young man staying with her for a temporary period but he was a friend of the family and was paying no rent. She further stated that she felt there was adequate off-street parking on her property to handle the parking needs of additional boarders. There were no others present who wished to speak in favor or opposition to the variance request. Vice Chairman Brown closed the public hearing. The Board discussed the ordinances and definitions governing boarders and number of family members in one residence. Mr. Oliver Motioned and Mr. Leonard Seconded that: IN CASE 12-79, 3185 SO. CLARKSON, EDITH MULLER, A VARIANCE BE GRANTED TO PERMIT THE ROOMING OF TWO BOARDERS, ONE MORE THAN IS PRESENTLY PERMITTED BY ORDINANCE. THIS IS A VARIANCE OF THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22.4-4 n.(3) OTHER PROVISIONS . Upon a call of the roll, the VOTE AND FINDINGS OF FACT resulted as foll ows: Kreiling: Oliver : Leonard: "I'd say no. There has been no hardship demonstrated here." "Yes. I feel a request of this sort, sort of transcends har.dship and due to the testimony and as explained by Mr. Pittman, I feel that it still constitutes a family unit and would seem to b•' acceptable." "No. I don't feel it meets numbers 1,2,& 4 of the six items and conditions we have to meet to grant a variance." 1. That the variance will do substantial justice to. all and not just the particular applicant. "And this is just for the applicant. " 2. That the plight of the owner of the property for which the variance is sought is due to unique circumstances existing on the property and not created by the owner. "There is no unique circumstances and it is created by the owner." (2) • I • • • Pratt: Brown: • • • 4. That the variance if authorized would neither weaken the general purpose of this ordinance nor the regulations pre- scribed for the distric t in .which the property is located in. "I f this was granted it would open the doors to everyone doing it. So, I say no." "I would vote no. I concur with Mr. Leonard that in fact, they have not demonstrated any need for this variance and that there is no undue hardship." "I would vote yes, because of the limited number of people living in the house." An affirmative vote of fo ur members was required to grant a variance. The vote was three in opposition and two in favor. Vice Chairman Brown declared the variance DENIED. Tedd Rickard 4760 So. Bannock St. Case 13-79 REQUEST: The applicant is requesting a variance from the Comprehensive Zoning Ordinance, Section 22.6-4. Change in Non-Conforming Use. This ordinance states "Any change in a Non-Conforming Use shall be to a use allowed in the zone district in which the use is located." The applicant is requesting to c hange the existing properly registered Non-Conforming Use, which is an ornamental iron shop to an auto repair shop. The Staff Report was read and submitted to the record. Mr. Rickard, owner and resident of 4760 So. Bannock St ., was sworn in for testimony. Mr. Rickard stated that he had purchased the subject property for use as an auto repair garage with the understanding that the house and garage were commercially zoned. He stated that both the previous property owner and the real estate agent had misrepresented the property to him stating there would be no problem in operating the repair garage. He stated that the property had been advertised by the real estate agent as "possible use of body shop or repair shop." He stated that he was not aware of the non- conforming use registration or the variance granted to the previous owner for change of use to ornamental iron work which had been limited to his ownership only and was to terminate with change in ownership. He further stated that he had only been told that the property had been used for auto repair before it had become part of Englewood. Mr. Rickard described his type of auto repair as restoration of antique and collector 's cars. He stated that this was his sole occupation. He stated that he had just recently started his business full time when he and his family of four had moved into the house. He stated that he would not have been interested in buying the property if he could not use the garage. He stated that the garage was larger than the house and that there was no other purpose for the g arage except for possible storage of four or five cars. He stated that he did not feel there would be any parking problem because he had plenty of room in the driveway to park his cars and that he would not take in more cars than he could work on in three days as he (3) • I • • • • • • works alone. When asked if there was noise related to his type of repair, Mr. Rickard stated that there was noise but that when the garage was closed there was little noise from the outside. He explained that he tried to keep his hours to 9:00 a.m, to 5:00 p.m. and seldom on weekends and that he had received no complaints from any of the neighbors. Mr. Rickard had submitted nine (9) letters of approval from some of the surrounding adjacent property owners. (Exhibits A-H) He discussed the spray booth that came with the garage and the exhaust system. He stated that it was odor free and there was no residue. He discussed further his past work experience and extent of his business. There were no others present who wished to speak in favor of the variance. Mr. Pittman, Chief Building Inspector, was sworn in for testimony in opposition to the variance. He stated that the Community Development Staff was in opposition to the granting of the variance for the following reasons: He stated that the original non-conforming use of a repair garage had existed since the early 1930's when the area was basically an undeveloped, vacant area. Further, he stated that with development in 1973, the Board had granted the change of use of the non-conforming use to the ornamental iron shop which had been restricted to that present owner only and that the use was to discontinue and return to the residential use with change of ownership. He then explained that in the 4700 block surrounding the area of the subject property, several new duplex units had been built within the past few years. He stated that it was staff's opinion that the intrusion of the auto repair garage would hinder the possible residential growth in this area. 0 Mr. Pittman stated the concern for the development in 4700 block of So. Bannock and Acoma and others which have been included in the target area of the Englewood Housing Authority for restoration of the residential neighborhood c haracter, which might possibly be hindered by the granting of this variance. Mr. Pittman acknowledged the financial duress of the applicant, but stated that the information of the non-conforming use and previous variance had been public record and the previous owner had been aware of the facts. Mr. Rickard spoke in rebuttal to ML Pittman's statements, stating that the new duplexes were not adjacent to his property but one block away. He futher stated that he did not feel the repair garage would distract from the residential character of the neighborhood, because it was entirely enclosed behind solid fence and the property is always keep neat and clean. There were no others present who wished to speak in opposition to the variance. Vice Chairman Brown declared the public hearing closed. Mr. Pittman submitted the minutes of the September, 1975 hearing for case 28-75, in which the Board granted change of use from auto repair to ornamental iron work that was restricted to the owner, Mr. Herbertson, only. (Exhibit "I") There was discussion by the Board regarding the registration with the County of the granted variance in 1975 for Change of Use. Mr. Oliver motioned and Mr. Kreiling seconded that: IN CASE 13-79, TEDD RICKARD, 4760 SO. BANNOCK, THAT A VARIANCE BE GRANTED FROM THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22.6-4. CHANGE IN NO~ CONFORMING USE. THIS ORDINANCE STATES "ANY CHANGE IN A NON-CONFORMING USE SHALL BE TO A USE ALLOWED IN THE ZONE DISTRICT IN WHICH THE USE IS LOCATED." THE APPLICANT IS REQUESTING TO CHANGE THE EXISTING PROPERLY REGISTERED NON- CONFORMING USE, WHICH IS AN ORNAMENTAL IRON SHOP TO AN AUTO REPAIR SHOP. (4) • I • • - • • • • • - Upon a call of the roll, the VOTE and FWDl.NGS 01' FACT resulted as follows: Kreiling: Oliver: Leonard: Pratt: Brown: "I 'd say no. The wrought iron or ornamental iron fabrication shop was an upgrading from the ·auto repair. And that can be seen up there today or any other day,I imagine. There's anywhere from eight to ten cars around the place. And of course he has regress ag ;linst the former owner and real estate people." "No. I feel that, in all due respect to his problem, there's no evidence given that justifies this sort of use in an area that is, by observation and also by testimony, trying to recover ard become a good residential area again." "I say no. I think that the circumstances in this neighborhood have changed and it's now in the rehabilitation target area of the Englewood Housing Authority and they 1re attempting to restore the residential housing stock ~~d character of this area. I feel that we would like to go along with that and not change it any, so I vote no." "I vote no. I concur with the other members. Although the preser.t owner does have a problem and he does have a hardship, its due to misrepresentation of other people and I do not believe this would be in the best interest of the area, therefore, I vote no." "I would vote no. I think the reasons have been expressed already in my thinking." An affirmative vote of four is required to grant a variance. The resulting vote was five (5) in opposition. Vice Chairm:m Brown declared the variance DENTED. Mr. Kreiling Motioned and Mr. Pratt Seconded that: THE OWNER OF THE SUBJECT PROPERTY AT 4760 SO. BANNOCK ST., MR. TEDD RICKARD, BE GIVEN SIX MONTHS TO TERMINATE AND REMOVE THE BUSINESS FROM THAT SUBJECT PROPERTY . Upon a call of the roll, the vote resulted as follows: AYES: Kreiling, Oliver, Leonard, Pratt, Brown. NAYS: None. Vice Chairman Brown declared the six month time allotment GRANTED . ----------------------------------------------------------------------------------- A ten minute recess was called for. All members were present upon a re-call of the roll. (5) I • • • • • • William Richards 855 West Oxford Case 14-79 REQUEST: The applicant is requesting a variance to permit the construction of a new building that will house four (4) two-bedroom dwelling units . This existing parcel is a properly registered Non-Conforming Use of twe lve dwelling units. This is a variance of the Comprehensive Zoning Ordinance, Section 22.6-3 Extension of Non-Conforming Use. The Staff Report was read and submitted to record. Mr. William Richards, residing at 5705 Blue Sage Dr., Littleton, and owner of the subject property at 855 West Oxford, was sworn in for testimony. Mr. Richards presented six letters of approval from the adjacent properties surrounding his property. (Exhibits A-F) Mr. Richards stated that the subject property was at variance before and at the time he and his wife purchased the property. He stated that they had maintained and improved the property greatly. He stated however, that in its present state, it does not yield a satisfac tory return to them nor does it utilize the property well. Mr. Richards stated that he believed his proposal of the two-story, 4 unit building would both improve the financial return and the utilization of the property. Additionally, it would improve the city's tax base and help ease the shortage of rental housing, especially for families with children. He further stated that he did not feel his request would weaken the purpose of the ordinance nor alter the character of the district. Neithe r would it substantially or permanently injure the appropriate use of the adjacent conforming property. Mr. Richards further discussed the six c onditions the Board must find present to grant a variance stating how he fel t he met each condition. He decribed his proposed additional parking plan and the change of access f rom Oxford to Inca for consideration by the Board. He also discussed the possible view obstruction of the two- story building to the adjacent properties. He stated that he did not feel there would be any substantial view obstruction because of the difference in the grade elevations but that he would adhere to the maximum height requirement of 25 ft. for single-family dwellings. The re were no others present who wished to speak in favor of the variance. Vice Chairman Brown called for those in opposition to come forward and be sworn in for testimony. ~lr . Trigg A. Shelton, residing at 4085 So. Huron St. was sworn ir. for tP.stimony. ~lr. Shelton submitted a petition carrying signatures from owners of 46 ~roperties within the 3900-4000 block of So. Inca and So. Huron and the 700 block of West Nassau Way and the 800 block of West Oxford all in opposition to the proposed varia~ce. He stated that one of his personal objections to the proposed two- story addition would be the obstruction of his view of the mountains. He stated that the existing structures on the subject property already were obstructing his view and he was opposed to more. He further stated that he and those who signed the petition felt the proposed addition would be detrimental to their neighborhood. He stated that they opposed the proposed change of access from the property onto Inca. He also stated that he did not feel there would be adequate parking and the additional traffic would cause congestion on Inca St. He stated that they felt their neighborhood was a nice residential area and that such construction would tend to move toward other apartment building, resulting, in the long run, in deterioration of the area. They want it to remain a single family unit neighborhood. (6) I • • • • • • Mr . John Brooks, owner of 800 W. Oxford, was sworn in for testimony. He stated that his home was directly across the street from the subject property. He told the Board that he had bought his house in poor condition and had invested much time and money into improving it. He stated that he opposed the additional building and felt that it would devaluate his property. He further stated that he did not oppose the existing structures but that the additional units would increase traffic congestion and parking problems. Mr. Charles Harcourt, owner of 4085 So. Jason, was sworn in for testimo ny. He stated that his ob jection was to more units which would result in more "moving in and out" of more tenants. He further stated that he did not like the look of apartments and that he opposed more being built i n his residential neighborhood. He also stated his opposition to the inc rease in traffic congestion in the street. Mr. Joseph Bilo, owner of 4095 So. Jason St., was sworn in for testimony. Mr. Bilo stated tha t he opposed the erection of the apartment building. He presented a vicinity map from which he pointed out the surrounding zone districts of his residential area. He stated that h e had been a resident of this area f or fourteen years at his present address and that he stayed because of the single-family residential character of the neighborhood. Mr. Bilo stated tha t he had fought against previous variances on the subject property in 1965. He stated that if varianc~were allowed for medium and high density development then it would be possible for variances allowing other development such as warehouses. He further opposed the changing of the access onto Inca St. and the traffic congestion and problems resulting from the increased number of cars. Mr. Bilo stated that approval of this building would tend to devaluate the value of the single-family homes in this a rea and down grade the character and pull out the integrity of the are<t and residents who are diligently keeping up the area. Mrs. Ada Hcgaun, owner of 805 W. Oxford, was sworn in for testimony. She stated that she had mis und erstood Mr. Richards when he had told her of his proposal and had thought the building would only be one story high. She stated that she objected to the two-story building. She also stated her o bjection t o the inc rease in traffic. Mr . Gary Pittman, Chief Building Inspector, presented t estimony in oppo sition to the variance request. He stated that the City's Community Development Staf f felt that the Plannin g Commission's reasons for denial of zoning change in 1970 were still applicable as far as use of the property. He futher stated their opposi tion to the proposed c hange of access, which would be from Ox ford Ave. onto Inca St. He stated that the additional parking and the substantial number of cars entering onto Inca would create traffic obstruction and that he felt there was no justification fo r approval of the proposed access change. Th e Board discussed the several signatures which appeared both on the petition of opposition and the app licant's approval letters. They further discussed the possiblity of sub-division of the lot or other uses of the property. Mr . Richards spoke in rebuttal of t he opposition's test i mony . He stated that he would only be adding enough additional spaces to meet the minumum parking requirement for the proposed addition. He further stated that his proposal of the c hange of access had been a separate item from his varia nce request and that he had only made the proposal because he felt it would benefit both (7) • I • • • • • the property, by increasing the grass area, and the community, by lessening traffic hazards from the Oxford access. Mr. Richards also stated that he had been told "by some of the people he had spoken to in the neighborhood that they had been given wrong information and that he felt the greater number of signatures on ·the opposition's petition had been obtained under false pretenses. He further stated that he did not feel that the addition of four units would have any substantial effect on traffic in the area nor would the approval of his variance allow other similar development because all other proposals would have to be reviewed by the Board. Mr. Richards also stated that he felt there had been some confusion about the number of times variances had been requested for his property. He wanted to clarify the issue stating that this was his first request before the Board and that other proposals had been made by previous owners not him. Vice Chairman Brown declared the public hearing closed. There was discussion by the Board. Mr. Leonard Motioned and Mr. Pratt Seconded that: IN CASE 14-79, WILLIAM RICHARDS, 855 WEST OXFORD, BE GRANTED A VAR 'ANCE TO PERMIT THE CONSTRUCTION OF A NEW BUILDING THAT WILL HOUSE FOUR (4) TWO-BEDROOM DWELLING UNITS. THIS EXISTING PARCEL IS A PROPERLY REGISTERED NON-CONFORMING USE OF TWELVE DWELLING UNITS. THIS IS A VARIANCE OF THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22.6-3 EXTENSION OF A NON- CONFORMING USE. Upon a call of roll, the VOTE AND FINDINGS OF FACT resulted as follows: Kreiling: Oliver: Leonard: Pratt: Brown: "I'd say no. With the preponderance of opposition, informed or otherwise, it's still opposition." "No. I feel that the property can yield a reasonable return if used under the existing zoning ordinance. It was understood when the property was purchased that it was a non-conforming use and could not be extended and this would be an extension of that non-conforming use and is definitely in violation of the zoning ordinance. I find no strong reason to support it although I feel that there are alot of facets of this thing that really have not been fully understood or brought out." "I vote no. Its an R-1-C zone and we have 56 signatures against it and 46 households in the area against it. It seems to me that they have a right to go into that area with an R-1-C zone and have that zone protec ted. I vote no for that reason." "No. The variance will not do substantial justice to all but rather to the particular applicant. The plight of the applicant is not due to the unique situation of the property. I find no financial hardship if this property is not developed and held within the zoning standards of that district." "No." An affirmative vote of four members is required to grant a variance. The resulting vote was five (5) in opposition. Vice Chairman Brown declared the variance DENIED. (8) • I • • - • • • • • • Richard Kloewer 4990 So. Elati St. Cas e 15-79 REQUEST: The applicant is requesting a variance from the maximum lot coverage of 25% to a lot coverage of 29 % for the purpose o f erecting a room addition. This is a variance of the Comprehensive Zoning Ordinance, Section 22.4-2 e. M3ximum Lot Coverage. The Staff Report was read and submitted torecord. Mr. Richard Kloewer, owner of 4990 So. Elati St. was sworn in for testimony. Mr. Kloewer stated that his wife is a licensed day care mother and the room addition for laundry facilities would be a convenience for her so that she would not have to move the children up and down the basement stairs to do the laundry. He further stated that the construction of the addition would match that of the house. He further stated that he planned construction to be in the fall. Mr. Kloewer submitted four letters of approval from the adjacent neighbors (Exhibits A-D) There were no others present who wished to speak in favor or opposition to the variance . Vice Chairman Brown closed the public hearing. After discussion by the Board, Mr. Leonard motioned and Mr. Kreiling seconded that: IN CASE 15-79, 4990 SO. ELATI ST., RICHARD KLOEWER, A VARIANCE BE GRANTED FROM THE MAXIMUM LOT COVERAGE OF 25% TO A LOT COVERAGE OF 29% FOR THE PURPOSE OF ERECTING A ROOM ADDITION. THIS IS A VARIANCE OF THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22.4-2 e. MAXIMUM LOT COVERAGE. Upon a call of the roll, the VOTE AND FINDINGS OF FACT resulted as follows: Kreiling: Oliver: Leonard: Pratt: Brolon: "I'd say yes. He has the approval of the neighbors . The addition wil l be hidden from the view. And as far as hardship is conc erned, I know it is probably difficult with a number of people that live in that house for good cir culation." "Yes. " "Yes." "Yes." "Yes." An affirmative vote of four members i s required to grant a variance. The resulting vote was five (5) in favor. Vice Chairman Brown declared the variance GRANTED. (9) • I • • - • • • • • • Walter and Carolyne Boettger 2845 So. Pennsylvania Case 16-79 REQUEST: The applicant is requesting a variance from the maximum lot coverage of 30% to a lot coverage of 34.9% for the purpose of erecting a room addition. This is a variance of the Comprehensive Zoning Ordinance, Section 22.4-4 e. Maximum Lot Coverage. The Staff Report was read and submitted to record. Mr. Walter Boettger and Mrs. Carolyne Boettger, owners and residents of 2845 So. Pennsylvania were sworn in for testimony. Mr. Boettger stated that they had met the criteria of the six conditions of variances to be granted. He stated the proposed addition was for a much needed, enlarged dining and kitchen area. He stated that their family of six was very overcrowed in the 6' X 8' dining area. He further stated that the addition would be at the back of the house, out of view of most. He submitted three letters of approval from the adjacent property owners who would view the addition. (Exhibits A-C) There were no others present who wished to speak in favor or opposition to the variance. Vice Chairman Brown closed the public hearing. Mr. Oliver motioned and Mr. Leonard seconded that: IN CASE 16-79, 2845 SO. PENNSYLVANIA, WALTER AND CAROLYNE BOETTGER, A VARIANCE BE GRANTED FROM THE MAXIMUM LOT COVERAGE OF 30% TO A LOT COVERAGE OF 34.9% FOR THE PURPOSE OF ERECTING A ROOM ADDITION. THIS IS A VARIANCE OF THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22.4-4 e. MAXIMUM LOT COVERAGE. Upon a call of the roll, the VOTE and FINDINGS OF FACT resulted at follows: Kreiling: Oliver: Leonard : Pratt: Brown: "Yes. The hardship appears to be the confinement of the family." "Yes. I think the lot is a unique one, being smaller than those in the neighborhood. And there appears to be a definite hardship." "Yes." "Yes. I would concur with Mr. Kreiling and Mr. Oliver. And also add that, in fact, if these people were held strictly to the zoning standards of that district, it would result in a severe hardship, and I'm surprised that they have been able to last as lcng as they have." "Yes." An affirmative vote of four is required to grant a variance. The resulting vote was five (5) in favor. Vice Chairman Brown declared the variance GRANTED. (10) • I • • • • • • There was discussion of the March 14, 1979 minutes. Mr. Oliver asked that the record show a clarification of the Motion of Case 11-79 to state that THE TWO VERTICLE ROWS ON THE SOUTH SIDE ARE TO HAVE THE WIRED GLASS INSTALLED IMMEDIATELY ACCORDING TO THE CODE. It was moved and seconded that the Minutes of the March 14, 1979 meeting stand approved as written with the requested clarification. There being no further business before the Board of Adjustment and Appeals, Vice Chairman Brown declared the regular meeting adjourned at 11:00 P.M. (11) I . • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION April 17, 1979 The regular meeting of the City Planning and Zoning Commission was called to order at 7:00 P. M. by Chairman Tanguma. Members present: Williams, Becker, Bilo, Carson, Draper, Lathrop, Pierson, Smith, Tanguma Wanush, Ex-officio Members absent: None Also present : Assistant Director D. A. Romans; Associat€ Planner Alice Fessenden; Planning Assistan t Barbara Young ; Planning Assistant Mark Barber . II. APPROVAL OF MINUTES. Chairman Tanguma stated that Minutes of April 3, 1979, were to be considered for approval. Lathrop moved: Carson seconded: The Minutes of April 3, 1979, be approved as written. AYES: Tanguma, Williams, Bilo, Carson, Draper, Lathrop, Smith NAYS: None ABSENT: None ABSTAIN: Becker, Pierson The motion carried. Mr. Tanguma asked that members of the Commission and the audience refrain from smoking for the duration of the meeting. III. COMPREHENSIVE PLAN 1979 Revision ----CASE #9-79 Mr. Tanguma asked for a motion to open the Public Hearing. Pierson moved: Bilo seconded: The Public Hearing on Case #9-79 be opened. AYES: Smith, Tanguma, Williams, Becker, Bilo, Carson, Draper, Lathrop, Pierson NAYS: None The motion carried . • I • • • • - -2- Mr. Tanguma established th e ground rules for the Public He ari ng; he stated that after each pr e sentation , questions may b e a s k ed of the person making that presentation, with overall comments to be ma d e at the clos e of the presentations . Mr. Tanguma stated tha t h e wish e d t o welcome members o f the au d ience, noting that man y o f these people were citizens who had worked on t he rev iew committees in the revision o f the Comprehensive Plan . Mr. Tan guma acknowl edged the prese n ce of Mrs. Eisenber g, Messrs. Jones, Martin, Becker, Perrin, Scott, Wittus, Gunnesch, and Mrs. Ho ward . He also welcomed Mr . James Keller, Executive Director o f the Down t own Development Au thori t y , to the meeting . Mr. Tanguma then asked for the staff pres e ntati on . Mrs. Dorothy Romans was sworn in, and testified that sh e is the Assistant Director of Communit y Deve lopme nt, Pla nning Division. She testified that the no tic e of t he Public Hearing appeared in the Englewood Herald Se ntinel, and in addition, a summary of the Plan was included in the las t issue o f the Englewood Citizen, the City Council newsletter which is sent to all dwelling units in the City using the Utility Departmen t 's mailing list . This summary presente d the goals and cours es o f action which are proposed to be adopted in the revised Compr e - hensive Plan, which goals and courses of action were the result o f the work of the individual review committees. Mrs. Romans reviewed the procedure require d to be followed in amending the Comprehensive Plan. The State Statutes require th at e v e ry jurisdiction must have a "Plan " to be used as a gui d e f or the growth and development of that community , The C ity Charter also states that the Planning Commission shall a dopt a Comprehensive Plan (Master Plan or General Plan), and sha ll periodically prepare amendments to that Plan. The Planning Commission must hold a Publi c He aring on the adoption of the Plan and on any amendments to th at Plan. Th e approval o f the Plan and any amendments thereto, must be b y Resolution of the Planning Commission, and mus t be re fe rred to the City Counci l. The City Council is no t required to hold a Publ ic Hearing on the Plan or any amendments to the Plan, althoug h they may do so. The City Council must also approve the Plan or any amendments by Resolution, and the approved and adopted Plan must then be recorded in the o f fice o f the Arapahoe Co unty Clerk and Recorder . Mrs. Roman s pointed out that approval o f th e Plan o r any amendments t h ereto, mu st be by a 2 /3 vote o f the entire me mb e rship o f the Plan ning Commission. Mrs. Romans th e n r e viewe d the purpos e o f the Comprehensive Plan, and stated that th e City Charter sets forth that City Council cannot con- sider any change in the ge n eral plan o f the City without first receiving the recommendation o f the Planning Commis sion. Th e Comprehensive Plan does give a general directi on f or the growth and development o f the community ; it is used as a reference by the City Council, the Planning Commission, the staff, and the citizens . • I • • ' • • • • -3- Mrs. Romans stated that the Comprehensive Plan addresses several matters ; it must include such things as the location and character of streets, parks and open space, land use, and public facilities. It may also include other topics as well and the community can be as flexible as it wants to be. The Comprehensive Plan is "general" in nature ; Mrs. Romans cited concept maps which may be included in a Comprehensive Plan and contrasted them to the detailed maps which would be con- tained in a Zoning Ordinance. She pointed out that the Com- prehensive Zoning Ordinance is one of the tools used to implement the Comprehensive Plan. Mrs . Romans stated that the Comprehen- sive Plan can be considered for one particular area of a com- munity or it can apply to the entire city ; the Plan may be addressed to one specific topic, o r have several topics grouped in the Plan. Mrs. Romans reviewed the 1969 Plan and contrasted it to the proposed 1979 Plan. She noted th at when the 1969 Plan was written and adopted, Cinderella City had been open for only one year and the full impact o f the shopping complex had not been realized. Mrs. Romans noted that the 1969 Plan had advocated that busi- nessmen of the Central Business District and Cinderella City work together to make the expanded CBD work . Much of the burden was placed on the Broadway ar ea businessmen to look beyond cosmetic improvements and suggested that they consider the quality of their merchandising, etc. The Plan also pointed out that while a lot o f small businesses would develop on the periphery of the shopping complex, they did not necessarily have to be within the shopping complex t o operate . These peripheral businesses should be accommodated and encouraged. It was also pointed out that the downtown area was not used from 5:00 P . M. to 9:00 A. M., and that to encourage a well- rounded CBD, residential use should be allowed in the area . The 1969 Plan also suggest ed that Little Dry Creek should be made a focal point o f the downtown area, and that ways be ex- plored to route through-traffic around the CBD area. Mrs . Romans st ated that the 1979 revised Plan g oes into more detail, but states essentially the same thing. I t does suggest looking at the development of West Girard Avenue as the link between Cinderella City and the Broadway downt ow n area; with the possible development of more pedestrian-oriented businesses along this street. The Plan also points out the need f or closer scrutiny and action regarding the matters of parking, alternate modes of transportation, and Little Dry Creek. The 1969 Plan did not address the strip commercia l areas as a separate entity ; they were shown o n the Ge neralized Land Use Plan along Broadway, Hampden, Evans, and Federal . The 1979 Plan does identify these corridors . Mrs . Romans noted that deve lopmen t in these corridors does seem to be f ollowing a trend, noting that south of Quincy Avenue, f or instance, the development seems to be mor e a uto-oriented . The revi ew com- mittee that considered the comm ercial corridors recommended • I • • • • - -4 - consideration of a Mi xed Use District in severa l lo at i ons, the intent be ing to pro vide more flexibilit y to encou r age re- development of s om e of the r ather blighted stri p commercial areas . The Mixed Use Dis tricts wo uld allow resi dential de- velopment as well as the comm ercia l uses p rmitted in th e dis- t rict. Anot her concept that was explor ed by the Revi e w Com- mittee was the possibili ty o f "nodes ·· o f c ommercia l develop- me nt --thi s would be an ex p ansion of the strip commercial district beyond the Broadway alley i a developer h a d a specif i c plan that requi re d mor e d e pt h , Lar ge d eve lopme nt s should a lso be accomplished under the Plan ned Deve lopment Distric t. The possibility of a Design Re vi e w Committee was discuss e d, as wa s a Search Commit tee. Th e Revi ew Commi t t ee al so address e d th e matt er s of parki ng, drai n age problems , and problems with c ode en forcement throughout the str ip commer c ial areas . Mrs . Romans s tated that the Industrial ar e as were not addressed in detail in the 1969 Plan. T h e 1 97 9 Pl an does not pro pose any extension o f the industrial area, and one or two areas are proposed to b e d ecrea sed in size . Any new deve lo pment or redeve lopmen t is proposed to be accomplished und er the Planned Development District , The matter of o ff -s treet parking , drainage, a nd landscaping was d iscussed in connection wi th the indust rial districts , The 1969 Plan had a section entitled "A P lace to Live ", which is titled "Housing " in the 1979 Plan. The City was split into six neighborhoods using South Broadway, South Santa Fe Drive and U. S. 285 as the dividing factors. The 1969 Plan supported the neighborhood schoo l concept in Englewood, and advocat e d that no child have to walk further than l /2 mile to sc h ool . The matter of aging housing stock was also discussed in the 1969 Plan; it was suggested then that at s uch time as it was no longer financia lly practical to r ep lace aging hou sing stock with a new single-family house, that an increas e in density might have to be considered . For this reason, the Generali ze d Land Use Plan Maps in the 1969 Plan showed areas zoned R-1-C a nd R-2 as gradually evolving to a slight l y higher density . The 1969 Plan also set forth ar eas wher e ther e was a concentra- t ion o f deteriorating structur es ; t he s e a r e as were noted as "Areas o f Concern". Th ese Areas o f Co ncern became the "Tar get Areas" for the rehabilitation lo a n program . Mrs . Roman s stated that the 1 97 9 Plan iden tif ies two new ar e a s of conc ern , or "Targ et Areas ", as the resul t o f a visual surve y don e by the Building Department . Two o f the for me r Areas o f Conc ern have been e liminated due to redevelopment wi th three-story wa lk-u p apartment stru ctures . This in turn led to the revi s ion of th e Zo ning Ordina n ce t o r e qu ire that multi-famil y deve l op- me n ts can no lon ger b e constructed on a 75 foot f rontag e , but must ha ve a min imum o f 4 2 ,000 square f oo t lo t ar ea , T he 1979 Plan st il l supports the "n eigh borhood concept", and s upport s the neighborhoo d school as the center of the "ne ighborhoo d ". Mrs. Romans stated that concern wa s expressed abou t the in- creased dens ity t o encourage developme nt or redevelopment ; the staf f has now broadened the c oncept to say that there ar e • I • • - t • • • -5- problems, and that there will have to be incentives to encourage redevelopment. This Plan does n o t state what th ose incentives will be ; they will, in fact have to be identified later. Home ownership should be encouraged, and means to attract families t o Englewood must be dev ised. The Parks and Recreation section has shown great progress since the 1969 Plan. At that time, it was noted that the drai nageways through the City were being wasted, and could be developed for dual purposes to provide open spac e in addition to serving as a drainageway. The Northwest Englewood greenbelt has since been developed, as has the g reenbelt in southwest Englewood. The Bates/Emerson drainageway has also b een deve loped . The possibility o f vacating some streets that might not be needed to be used for small neigh borhood park area s was also considered in the 1969 Plan. To this time, this has not b een accomplished. A need for a municipal gol f course was pointed out in the 1969 Plan, and the first nine holes of a pro jected 18-h ol e golf course are now developed . The 1979 Parks & Recreation Plan state s that the primary need is the acquisition o f additional land for the expansi on o f existing parks; the development of drainageways along the South Platte River, Big Dry Creek and Little Dry Creek, and the de- velopment of a park area in the southeas t sector o f the City. Mrs. Romans then discussed the 1969 Transportation Plan, which was entitled the "Master Street Plan "; this Plan set forth the designations of the streets, such as arterials, collectors, etc. In 1969, the Plan was still oriented toward automobile travel, while the 1979 Plan advocates exploration o f alternate modes of transportation, such as mass transit, bicycle trails, etc. The Public Facilities section in the 1969 Plan suggested the need for a new police/fire station, which has since been con- structed, as were two new fire stations in the outlying areas of the City. This section also identifie d public faci lities such as the Swedish Medical Center and Craig Rehabilitat ion Hospital. This section has been deleted fr om consideration at this time, and will be f ur ther considered when the Capital Improvement Program ident ifies these needs. The 1969 Plan contained a History and Character section, which will be up-dated and included in the Final Plan for 1979. A section o f the 1969 Plan entitled "Population and Land Use " was not revised ; it is suggested that the Generalize d Land Use Maps that are a part of that section be repealed and that the text be brou ght up to date. Mrs. Romans poin ted out that the projected popula t ion fig ures in the 1969 Plan were given at 90,000, while current projections are for 45,000 to 45,900 ma ximum population. Mrs. Romans indicated that this concluded her remarks on the background of fhe Plan, and asked if there were any questions o f her? No questions were asked o f Mrs. Romans. I • • • • • -6- Mr. Richard Wanush was sworn in, and testi f ied t h at he is the Director of Community Develo p men t . Mr. Wa nu s h s tated that he would make the presentation on th e "Downtown " section of the proposed 1979 Plan, and noted that while ther e are no great changes from the 1969 Plan, th e r e are "refinements" of concepts that were advanced in the 1969 Plan . Mr. Wanush stated th a t he felt the essence of the 1969 Plan and the 1979 Plan is the con- cern of the maintenance of the "character of th e City", to maintain the single-family residential development , and to maintain the full-service characteristics of the City. Mr. Wa nush stated that he felt it was very clear that all of the Review Committees opted to protect the residential areas of the City rather than to expand the commerci a l or industrial areas. Mr. Wanush stated that one of the first things considered by the Downtown Review Committee was the boundaries of the Down- town area, and the determination that in no way should the com- mercial area encroach further on the residential districts. Mr. Wanush indicated the district boundaries of the Downtown Area on maps available to the Commission and audience, and noted that they are the same boundaries that exist today. The area south of U. S. 285 was discussed in both the Downtown Re- view Committee and by the Commercial Review Committee. Mr. Wanush noted that two major highways, South Broadway and U. S. 285, cut through the downtown district. Considerable considera- tion was given to moving the through traffic through the down- town area and to avoiding con flicts with the local shopper. Mr. Wanush pointed out that the proposed 1979 Plan supports the expansion and improvement of South Santa Fe Drive ; supports the interchange improvements at U. S. 285 and South Santa Fe Drive, and at Broadway and U. S. 285. The Plan also supports the U. S. 285/West Ithaca Avenue one-way couplet. Mr. Wanush stated that the general goals of the 1979 Plan for the Downtown Area are: 1. To support the Downtown as a Regional Activity Center by f ocusing high density, high activity uses within that area. Such uses would include retail, office, residential, hotel/ convention center, and oth er similar uses. 2 . To revitalize the Broadway/Acoma retail ar e a . 3. To promote the regional nature of Cinderella Cit y. 4. To link Cinderella City and the Broadway/Acoma area so that they complement one another. Mr. Wanu s h pointed out that to realize these goals, there would have to be chan g e s in the Compreh e nsive Zoning Ordinanc e , for instance , to allow residential use in the downtown area. The revitalization of the Broadway/Acoma retail area is pro- gressing, with the formation of the Downtown Development Authority. Mr. Wanush emphasized that the Plan is a general idea of how the review committees visualized the linking of the Downtown • I • • • • • -7- and Cinderella City areas. ~tr . Wanush stated that h e felt both the Planning Commission and th e Do wntown Development Authority will r efer t o this Plan as a guide in their efforts to redevelop and revi ta lize the Broadway/Acoma retail area . Mr. Wanush stated that a ccess to the Downtown area and to Cinderella City mu st be improve d, and as much of the congestion on U. S. 285 must b e relieved as is possible. Improv e ment of West Girard Avenue as a link b e tween Cinderella City and the Downtown area also received a great deal of consideration; he noted that this is no t a new id a, and that he has seen mention o f this concept as far back a s in the mid '60's. The 1979 Plan does advocat e making Girard more pedestrian-oriented. Mr. Wanush discussed development of areas indicated on the map. He noted that some areas seem to be developing toward office functions, while anoth e r area may develop with retail uses, and in still another area development trends seem more toward "public" uses, such as senior housing, and the Recrea- tion Center. Mr. Wanush stated that the Housing Division has just received word of funding for another 100-units of elderzy housing awarded by HUD, and that one of the areas for the con- struction that is being considered is across the street from the Malley Center. Mr. Jack Martin asked, in relation to what Mr. Wanush has presented of the Downtown Plan, what could be expected to come from the Downtown Development Authority? Mr. Wanush stated that he would anticipate the Downtown Section of the 1979 Comprehensive Plan would be used as a guide by the Downtown Development Authority in development of their strategy. Mrs. Barbara Young was sworn in, and testified that she is Planning Assistant in the Department of Community Development. Mrs. Young discussed the section of the 1979 Plan which is designated as "Commercial Corridors ". Mrs. Young stated that the Commercial Review Committee considered the several strip commercial corridors within the City of Englewood, and studied the character of the development within these areas. This Review Committee considered the imposition o f a "Mixed Use District" in several of the strip commercial areas to give flexibility in development and redevelopment of these areas. The Mixed Use Districts, as proposed, would allow residential uses in some areas, others would be a mixed commercial and in- dustrial area. It was suggested that along East Hampden Avenue, for instance, that this area be designated a mixed use /medical support /commercial /high density residential district. Along the Evans Avenue corridor between South Tejon Street and South Raritan Street, it is proposed that a commercial/light industrial mixed use district be utilized . The Review Committee considered the possibility o f forming a Search Committee in an effort to locate new businesses that might be interested in relocating to Englewood. The Committee also considered the formation of a Design Review Committee to review new developments, and to encourage upgrading of the esthetic aspects of the strip com- • I • • • • • -8- mercial areas through sign control, and t hrough the landscaping of parking lots and public areas . The Special Permit System was also considered in conjunction with the Mix e d Use District to allow more flexibility in both new dev e lopme nt and redevelop- ment . Mrs . Young point ed out that there are also areas in the strip commercial areas which are "activity centers", such as the Brookridge shopping area, and the Centennial Shopping Center area . Alternate modes of transportation were also considered by this Review Committee, and it was determined that the strip com- mercial districts should be made more attractive to the pedestrian shopper. "Nodes " of commercial development were also explored by the Committee as a means of providing f lexibilit y for larger com- mercial developments. Mr . Jack Martin stated that he did not see any mention o f the expansion fr om the Broadway alley to either Acoma or Lincoln which was discussed, to accommodate such businesses as the car dealerships . Mrs. Young stated that the "node " concept could occur anywhere up and down Broadway where there was a definite development plan, but that the blanket expansion of commerci~ to Acoma and Lincoln was not a goal of this Committee. Mrs. Pierson emphasized that the "node" concept was recommended which can be used if the need is demonstrated, and if the sur- rounding residential area would not be detrimentally effected by such commercial expansion. In relation to the Design Review Board, Mr. Lee Jones asked whether this would be a branch of the Planning Commission, or would it be a quasi-judicial board? Mrs. Romans pointed out that the Plan is stating that the Design Review Committee is a tool which might be used to promote better quality of new development and/or redeve lopment ; the specific formation of such a committee is not addressed in the Plan. Mr. Tanguma called for a recess of the Commission at 8:20 P. M. The meeting reconvened at 8 :35 P. M. Present : Lathrop, Pierson, Smith, Tanguma, Williams, Becker, Bilo, Carson, Draper Absent : None Mrs. Young then discussed the Industrial section of the 1979 Comprehensive Plan. She noted that many of the problems ex- perienced in the strip commercial areas are also applicable to the industrial areas, and the suggestion o f a Design Review Committee would be applicable for the industrial areas, also . Mrs. Young stated that the different industrial areas have developed with a specific "charact e r" in each area; for in- • I • • • • • -9- stance, on South Santa Fe there is both a commercial and an industrial type development which was considered by the Review Committees, With the proposed improvements on South Santa Fe Drive, it was felt that perhaps additional commercial develop- ment should not be encouraged, and that the industri al develop- ment should be promoted, Improved access to some industrial areas is a goal of the Plan, particularly those areas along West Union Avenue ; however, the Committee urged that the parcels not be chopped up too small in order to encourage larger de- velopments. Since 1969, when the Comprehensive Plan was adopted, a great deal of development has occurred in the industrial areas ; this has resulted in a great deal of paved parking area which has increased the water runoff and the storm drainage problems. The 1979 Industrial Plan addresses these problems, and one of the goals is to encourage landscaping and greenery in an effort to absorb some of the runoff as well as in an attempt to esthetically improve the industrial area, The Committee also encouraged the incorporation of all water and sewer districts into the City program, The Review Committee urged annexation of areas where appropriate . Mr. Smith stated that while the General Iron Works is mentioned, there is nothing said in the Plan about requiring this operation to provide landscaping around its perimeter, Mrs. Young pointed out that the Plan does state that landscaping should be "en- couraged", and even suggests a tree-planting program whereby the City would furnish the trees to be planted if the propercy owner would assume responsibility of maintaining the plantings. Mrs. Romans stated that it is difficult to require existing businesses or industries to provide landscaping; this is one of the reasons that the Plan advocates "encouraging" landscaping. Mr. Smith stated that he feels it should be mentioned that General Iron Works should provide some landscaping; he pointed out that the City recently vacat ed some land which split the General Iron Works ownership, and he feels that this business should make some effort to improve the adverse impact of their development on the neighborhood. Mr. Lee Jones stated that he has had some discussion with the neighbors on South Elati Street, and that discontent has been expressed on the visual impact of General Iron Works, Mr. Wanush stated that the Plan could be amended to state that existing businesses should be encouraged to provide landscaping or opaque screening, Mr. Smith stated that he felt the staff should add such a statement to the final plan, Mr. Larry Becker asked about mobile home parks, and whether they were allowed anywhere in the City of Englewood at the present time? Mrs. Young stated that they are not permitted at this time, Mrs. Romans stated that an ordinance has been drafted which would apply to mobile home parks and travel trailer parks ; the proposed ordinance would require a minimum area of eight acres, with a maximum of eight units per acre. No specific area is proposed for mobile home parks or travel • I • • • • -10- trailer parks in the Comprehensive Plan . It is the feeling of the staff that a mobile home park sh ould not be located in an industrial area; it is a form of residential use, and should be locate d in a residential area. Mr. Becker pointed out that there are not too many jurisdictions that allow mobile homes and he felt this will have to change because it is a relatively inexpensive form of housing. He questioned where there would be any area in Englewood that would have a minimum acreage of eight acres for mobile homes? Mrs. Romans pointed out that these standards were develope d after c on tact with the owners o f existing Mobi l e Hom e Parks in the area and with the Mobile Home Park Association; the staff was told that the eight acre minimum lot area with the maximum of eight units per acre would be economically feasible f or developers of mobile home parks. Mr. Bilo noted that the Plan mentions areas that are in "transi- tion fro m residential to industrial '', and asked if it would be feasible to have a mobil e hom e park in these locations? Mrs. Romans reiterated the staff position that a mobile home park should not be loc ated in an industrial area. Mr. Jerry Ray addressed the Commission and stated that as he understood, this is just a "Plan", a nd will require amendments to the Comprehensive Zoning Ordinance and other ordinances to bring it into effect. Mr. Wanush stated that once City Council adopts the Comprehensive Plan, the next step is to review the text of the Comprehensive Zoning Ordinance for any amendment that may be needed. He emphasized that review of the Zoning Ordinance text is different than amendment of the Zoning Map; he stated that some changes in the Zoning Map may be initiated by the Commission, or the changes may be allowed to occur in the due course of time. The Housing Section of the 1979 Plan was then considered. Miss Alice Fessenden was sworn in, and testified that she is the Associate Planner in the Department of Community Deve lopment . She stated that the major goal of this Review Committee is the maintenance and strengthening of the low-density residential character of the City; to retain a balance of uses; to maintain the status of a full-service City ; to attract young fa milies to Englewood; to provide additional housing for the elderly , and to provide public aid where there are areas of deterioratio n . Strategies that could be used include the concept of the "Mix e d Use District" which has been discussed previously; better code enforcement and the paving of alleys was also suggested as a means o f improving the residential areas. The provision of "incentives" to encourage private redevelopment of substandard units was also a topic of discussion by this Review Committee . Thes e incentives should be such that will encourage the redevelo p- ment of the substandard housing, and yet retain the residential character of the City. Miss Fessenden stated that a visual survey of housing stock was done by the Building Division in March of 1979 ; as a result of this visual survey, three new ta rget areas were determined where there is a concentration of deteriorating housing stock. Miss Fessenden outlined these Target Areas on the maps available to the Commission and the audi enc e , emphasizing that th e maps available and in the Plan • I • • • • • • • -11- are "concept maps ", and are not to the detail that they will be for determination o f the actual Target Area b oundaries. The Committee also considered the quality of housing and the matter of improved code enforcement. Day care centers for working parents were also determined to be a need, and originality of design f or housing was discussed. Miss Fessenden cited the goals o f the Housing Review Committee which are: 1. To prot ect all existing residential areas, preserving and maintaining those which are sound and improving those areas where there is deteriorating or dilapidat ed housing stock. 2. To retain the neighborhood school concept. 3. To provide more public housing for the elderly. 4. To improve the visual quality of the city. 5. To maintain Englewood as a full-service city. Mr. Draper stated that he felt there is a conflict between the concept that housing which is deteriorating should be im- proved, and the concept that commercial uses should improve, but how can the commercial use improve if it cannot expand across the alley? Mr. Wanush pointed out that there has been a lot o f renewal in the commercial developments south o f U. s. 285 on South Broadway; he stated that he felt the conflict would occur if the commercial zoning were to be extended across the alley. Mr. Draper stated that in his opinion, if the Broadway area can't grow, it cannot improve, and the City could be expending f unds to improve housing which will restrict the growth of the commercial district. Mr. Smith stated that he felt the major point o f conflict was with a specific business, such as an automobile dealership wanting to expand across the alley. Mr. Draper pointed out that retail business es need parking; the cost o f the Broadway frontag e is so high the businessman cannot use it f or parking and must of necessity fin d cheaper land. Lee Jones pointed out that some of the newer deve lopments along the 2700, 2800 and 2900 blocks on South Broadway have set the buildings back and put parking on the Broadway frontage; these businesses seem to be surviving with this design. Mr. Jones stated that he did not feel that Broadway can be economically developed if the businessmen rely on curb-side parking . He feels there is a possible way to encourage fur ther development or redevelop- ment without encroaching into the residential area. Mr. Draper stated that he felt any growth of the Broadway business area will have to be east/west oriented, and that he takes exception to Mr. Jones' assertion that businesses lo- cating parking to the front o f the business establishment are a way to provide both the parking and encourage new develop- I • - • • • • -12- ment. He reiterated that in his opinion, the Broadway fr ontag e is too expensive to use for parking . He pointed out that a lot of the Broadway businesses were built on the front of old homes along Broadway . Mr. Smith stated that he questioned th e statement within the Plan that the neighborhood school boundari es had not changed, particularly in sight o f the fact that Scenic View, Duncan and Washington Elementary Schools have closed . He pointed out that children in the northwest Englewood area have to be bused to school --they are not within walking distance, and the boundaries have chang e d dramatically in this instance. Mrs. Romans pointed out that the school can re-open, and it is the intent of the Plan to encourage redevelopment to the point where there will be enough families with school-age children in this area to warrant the re-opening of the school. Mr. Smith qu est ioned the goal o f paving alleys. He stated that the majority of people do not want their alley paved and that paved alleys in a residential area tend to become speed- ways. Miss Fessenden stated that she felt a great deal o f support for this goal was a matter o f aesthetics --a great many of the alleys are very "tr ashy", and that paving of the alleys might be a way to encourage better maintenance and up- keep, and thereby improve the appearance of the neighborhood. Mr. Tanguma agreed that aesthetics were a strong point in the considerations of this committee. Mr. Smith stated that he felt the paving of alleys could increase the amount of storm water runoff and could result in drainage problems; he suggested that landscaping in the alleys be encouraged, and suggested that this point be considered further by the Commission. Mr. George Perrin suggested the first step would be to solve the problem of trash in the alleys before considering the matter of paving of the alleys. Mr. Bilo stated that he felt the matter of the neighborhoods must be considered further; he pointed out that with the closing of the three elementary schools, the City does not have actual "neighborhood schools", and the boundaries have been changed. He noted that when people contemplate moving to an area, they look at whether there are schools available fo r th eir children, or whether they will have to be bused. Miss Fessenden pointed out that this is a "Plan", and that the intent is to look at "what you want it to be, not necessarily what the conditions are now." The Plan sets forth strategies to reach the goals which are set forth in the Plan. Mrs. Eisenberg discussed the matter of paved alleys vs . unpaved alleys, vs. blocks with no alleys. She noted that one cannot drive down a majority of the alleys, and asserted that ordinances pertaining to weeds and other maintenance measures are not being properly enforced. Further discussion ensued . • I • • ( • • • • -13- The Parks and Recreation section of the 1979 Plan was presented by Planning Assistant Young, Mrs. Young stated that the prime goal of this Review Committee is the acquisition of land for the expansion of existing parks and the provision of more open space and park land in Englewood . Parks that are mentioned specifically for expansion are Centennial Park and Cushing Park, The development of waterways throughout the City would be one way of realizing additional open space, and hiking and biking trails could be developed along these waterways. Mrs. Young pointed out that the southeast portion of Englewood has no public park area at all ; the Parks Department is leasing the Duncan School Site in an effort to provide some programs for this area, but this is on a temporary basis. A swimming pool is needed in the northeast Englewood area . Mrs. Young cited deficiencies in recreational facilities and park land which were set forth in the "National Standards and a Comparison of Open Space and Recreation Facilities for the City of Englewood." These deficiencies include such facilities as baseball diamonds, basketball courts, skating rinks, shooting ranges, golf course, etc, The Committee strongly urged that further encroachment along waterways be discouraged. Mr. Smith strongly questioned the standards citing deficiencies in park land and facilities ; he noted that there is no mention in the Plan of the additional acreage that will be realized with the development of the second nine holes, nor of the ball fields that will be available in conjunction with the completion of the river redevelopment project, Mr. Smith pointed out that there is quite a bit of land that has been acquired for develop- ment, such as the golf course, or there is money budgeted for it, and this has not been considered in this Plan, Mrs, Pierson pointed out that the recreational facilities should also be readily accessible to the citizens, and she did not re- gard the golf course that accessible to the average resident. Mr . Larry Becker questione d the deficit of 44 basketball courts and questioned if this was correct ; he noted in driving around town, tennis courts are in steady demand, but basketball courts will be vacant. Mr. Martin questioned the validity of the "standards " that were used . Mr. Bilo stated that he fe lt these were points that should be considered further . Mr. Wanush stated that the staff would verify the figures and have them available for the Commission. The Transportation Plan was discussed by Mr. Wanush. In the 1969 Plan, the focus was on an automobile-oriented society; the 1979 Plan reflects the fact that there must be alternate means of transportation --increased reliance on public trans- portation, bicycle trails, etc. Some of the elements addressed in the 1979 Plan are the development of a transit center in Downtown Englewood, support o f the construction and improvement program on South Santa Fe Drive, improvement of the interchange at U. S . 285 and South Santa Fe Drive, improvement of the inter- • I • • • • • . -1 4 - change at U . S. 285 and South Broadway, and support of the proposed U. S. 285 /We st Ithaca Avenue one -way coupl et. Mr . Wan u sh p o inted o u t changes in stree t designations, notably the delet io n o f F loyd Av enue as a c ollector fr om Bro adwa y t o Sou t h Unive r s ity Boul e var d ; Zuni Street has been downg r a d ed to a collector a s has South Navajo S t reet. Mr. Wanush sta ted tha t the f ollow i n g me morandum had been recei v ed from Pub l ic Works Director Wa ggoner. TO: Rich Wanush, Direct o r o f Commun i ty Development FROM: Kells Waggoner, Direc t or of P u blic Work s DATE: April 13, 1979 SUBJECT : Master Street P l an Afte r having r e vi ewed the proposed Maste r S ·treet Plan to be included in the Comprehensive Plan I would make the following recommendations: 1. That Floy d Avenue east of Broadwa y remain as a collector street. 2. That De laware Street be listed as a collector from Belleview to Kenyon. 3. That Elati be listed as a collector from Kenyon to Yale. 4. That Cherokee remain a local street from Quincy to Yale. 5. That Zuni be listed as an arterial from Evans to us 285. 6. That both Bannock Street and Sherman Str e e t b e classed the same with t h e same t ermi n i . 7 . That US 285 from Santa Fe to Broadway b e s h own as a couplet utilizing the Ithaca alignment as the eastbound leg. , ·t::a . L'c~~"?:) ~----~ells Waggoner, P.E. Di recto r of Public Works KW:bjs I • ( • • • • -15- Mr. Wanush noted that t he sta f f has been working with developers in northwest Englewood to try t o get additional street dedications in areas where there ar e lots of unusual depth. These would b e local streets, but should be shown on the Master Street Plan as a support for additional right-of-way dedications throughout this area. He asked specifically that West Adriatic Avenue between South Zuni Street and South Vallejo Street, and West Baltic Avenue, West Caspian Avenue, and West Hillside Avenue between South Zuni Street and South Tejon Street, be shown as local streets in the Master Street Plan. Mrs . Becker asked that sidewalks be set back from the curbs on new street installations; she noted that it is impossible to walk along the streets, particularly in wet weather, without being splashed by traffic on the streets . Mr. Jones questioned the Cherokee/Bannock one-way couplet ; he noted that people in the 2700, 2800 and 2900 blocks on South Bannock Street want steps taken to reduce the volume of traffic using South Bannock Street . Mr. Jones noted that he felt the proposed couplet is a means to reduce the congestion on South Broadway, which is overloaded because South Santa Fe Drive cannot carry the traffic it should. He questioned that the residential neighborhood should be impacted by this traffic that should be relieved in some other way. Mr. Tanguma asked for further comments? Mrs. Romans stated that she was asked by Mrs . Mae Tillman, 3630 South Cherokee, to speak in opposition to the extension of a Mixed Use District or commercial use south of West Ithaca Avenue on South Cherokee Street ; Mrs. Tillman feels that the Fire/Police Center and the Miller Field are natural barriers to this extension . Also, Mrs. Julia Fitzpatrick of 3155 South Acoma Street, would object to any blanket extension of commercial zoning to the centerline of South Acoma Street or to the center- line of South Lincoln Street. It is Mrs. Fitzpatrick's opinion that if specific plans are presented calling for a greater depth o f the comm e rcial z oning, that the "node" concept would be proper . Mr. Tom DuPont, 3917 South Fox Street, stated that he was a recent resident o f t h e area; he asked if the Commission would b e accepting comments on t his Plan at a later date, or if the comments had to b e present e d this evening. Mr. Wanush stated tha t this was the scheduled Public Hearing where comments from the public would be entered on the record. Mr . Tanguma stated that i f there were comments that Mr . DuPont wish e d to make after review ing the proposed Plan, he suggested t hat they be submitted to th e sta ff . He point e d out that the Plan is subject to chang e and re v i s i on . Pierson moved : Smith seconded : The Public Hearing be closed . • I • • - • • • • • • -16- AYES: Pierson, Smith, Williams, Becker, Bilo, Carson, Draper , Lathrop, Tanguma NAYS: None The motion carried . Mr. Smith stated that he felt there were several points that the Commission should discuss further be f ore making a recom- mendation to City Council on the Plan. Discussion ensued. Smith moved: Pierson seconded : That further discussion by the Commission on the Comprehensive Plan be scheduled for April 24, 1979 at 5 :30 P. M. AYES: Draper, Lathrop, Pierson, Smi t h, Tanguma, Williams, Becker, Bilo, Carson NAYS: None The motion carried. V. DIRECTOR'S CHOICE Mr. Wanush stated that he had nothing to bring before the Com- mission. VI. COMMISSION'S CHOICE. There was nothing discussed under Commission's choice . The meeting adjourned at 10 :00 P. M . • I • ( • • • - CI' Y OF ENGLEWOOD PLANNING ND ZONING COMMISSION April 24, 1979 The City Planning and Zo ning Comm1ssion wet at 5:30 P. M. in the Library Co nference Room for dinner and discussi on of the Comprehensive Plan. Members p resent: Draper, Tanguma, Lathrop, Beck er , Pierson, Ca rson , Silo Wanush, Ex-officio Members absent: Williams, Smith Also present: Assista n t Director Roma ns; Associa te Planner Fes sende n ; Planning Ass istant Young, T he proposed amendmen t s to the Comprehensive Plan we re con- sidered at a Public Hearing on April 17, 1979, and several issues raised by the Commission members following the Hearing were scheduled to be discussed at this meeting. The matter of landscaping existing indu strial uses was con- sidered. one o f the i ssu es raised was the lack of screening on the east side of th e General Iron Works wher e the property is adjacent to a residentia l district. Mrs . Romans suggested that Page 2, #2 of the Industrial Section be am ended by adding a state men t that: "Existing industria l uses adjacent to or adj oining residential districts should be required to comply wit h the screening requirements o f the industrial zon e dis t rict ." Mr. Wanush pointed ou t that the l aw cannot be made retroactive ; the Plan cou l d urge that "strong encoura gement" be given to landsca ping of existing indu stria l us es. Discussion ensued. Mrs. Romans stated that in the p as t , the owners of s ome in- d u strial uses were not required to pro vide screening even thoug h they wer e abutting or adjoining residential uses. This situa tion occurred especially in instances i n whi ch the resi- dential use happened to be situated in the unincorporated area, This was not the case in the instance of General Iron wh re the lack of screening was probably an oversight when the Commission and Council vacated South Elati Street and accepted the new right-of-way, Mr. Silo no ted that in the Co mmercial Corridor section of th e Plan , a tre e planting program was discus se d whereby the City would provide the plantings and the property owner would assume responsibility f o r maintaining th e plantings in a healthy, growing condition. He asked why this same suggestion could n o t appl y to the Industr ial Zone Districts, for example. He felt this could be some encou r agement f or aes th etic improve- ment of e x isting i ndustrial us es. Discussion ensued, 8 I • • • • • -2- It was determined that Page 2, #2 of the Industriul SO;)Ctl.on would be amended as previously suggested by Mrs. Romans, and that the followi ng tatement would be 1.ncorporat d a~ F3 on Page 2 of the Indu trial Sect1.on, renumber1.ng the fol owing courses o f action accordingly : "3. A City-sponsored tr e pla nt ing program shou d b under - taken to encourage property owners and businessmen to i mprove the City's visual imag . Relief from large asphalt vistas in many commercial parking lots would r esult f rom i ncent ive programs of this kind ." The Housing Section of the Com prehensive Plan was consl.dere d . It was suggested that on Pa ge 4, the following entence be deleted: "The boundaries o f th neighborhoods are such that the clos ing of th ese sch oo ls will not destroy the intended concept." Mr. Bilo aske d h ow f am ilies would be attracted to Englewood? Mrs. Becker stated that the upgrading and improvemen t of the housing stock would h o pefully encourage more f amilies with children to move to Englewood . Di scussion e nsued . Mrs. Romans pointed out that e v en though the three elementary schools have been closed , it is not the intent of the School Board to et rl.d of the schools. Mr. Lathrop agreed, and noted the leasing agreement with t he City of Englewood on Duncan School, and the agreement with Swedish Medical Center on Washington El ementary School . Discussion ensued . Mr. Bilo ques tioned the use of the word hous1.ng "stock". Mr. Wanush sta ted t ha t h e felt the word "stock" refers to existing housing, and the upgrading of such h ousing, plus the increase of the number of housing u nits . Page 7 (g) o f the Housing S ection was then discuss ed, with the qu estion centered on whether reference to the paving of alleys should remain in this stateme nt. Mrs . Ro mans stated that the means to a ccomp lish alley paving are avail ble to any property owner s that want to do so . Mrs . Pie rson stated that she felt the statemen t should remain ; that it might act as a catalyst to t hose property owners who do want paved alleys. Further discus sion ensued. Final determination was to leave this section wor ded as it is . The Parks and Recreation section of the Comprehens1.ve Plan was considered. Mrs. Romans stated that the staff is sug- gestin g that the standards referred to at the bottom o f Page 2 be omitted, and that the paragraph preceding these standar ds be reworded . She noted that the 243.3 acres deficit in park land is i n reference to neighborhood parks, and that the golf course woul d not be included in this c ategor y. Mr . Draper stated that he di d no t feel the deficits cited necessarily apply t o Englewo od; the people of Englewood have access to other recreat i onal facilities in neighbor ing cities, • I • • ( • • • • -3- a nd he did not see that there was any hardship cre ate d by t h e "d e ficits" that are cited . He questioned why Englewood should have to meet standards that may not be applicable to our par- ticular situation? Discussion ensued . I t was decided that reference to the shortage o f p a rk land should remain in the Plan, but that the deficits according to national standards of recreational facilities should be deleted. Further discussion ensued. The meeting disbanded to beg i n the formal Public Hearing at 7 :00 P . M. * * * * * * *" * * * * * * * * * * * * * * * * * * * * * * * * I . CALL TO ORDER . The meeting of the City Planning and Zoning Commission was called to order at 7:00 P. M. by Chairman Tanguma in the Englewood City Council Chambers . Members present: Carson, Draper, Lathrop, Pierson, Tanguma, Becker, Bilo Wanush, Ex-officio Members absent: Smith, Williams Also present: Assistant Director Romans; Associate Planner Fessenden; Planning Assistant Young; Assistant Director Reddy; and Associate Housing Coord ·mator Morris. II . COMMUNITY DEVELOPMENT BLOCK GRANT CASE #22-78 Draper moved: Ca rson seconded: The Public Hearing on Case #9-7 9 b e opene d . AY ES: Becker, Bilo, Carson, Draper, Lathrop, Pierson, Tanguma NAYS : None ABSENT: Smith, Williams The mo t ion carried . Mr . Tang uma asked for the sta ff presentation . Mr . Wanush stated that he is the Director of Community Deve lop- me n t. The City of Englewood applied for $226,000 in Community Development Block Grant funds for the express purpose of con- tinuing the Rehabilitation Loan Program which was begun two y ears ago. The City has been notified that its application has been given preliminary approval, and has been asked to sub- mit a Final Application for these funds. One o f the require - ments is that two Public Hearings must be held, the first o f which is scheduled for this evening, and the second which is • I • • • • • - -4- scheduled May 7, 1979, before City Council . Mr . Wanush sta te d that the purpose of the meeting is two-f old ; initially, t ore - view the existing rehabilitation program and its accomplishments up to this date, which review will be given by Mr . Mike Reddy, Assistant Director for Housing and the Executive Director of the Housing Authority . The second aim of the meeting is the pre- sentation of the contents of the new application and the elements of the program projected for the next two years . Mr. Reddy stated that the Englewood Housing Authority started the Rehabilitation Loan Program in 1976, with the intent being to improve and expand housing stock in the City of Englewood . Mr. Reddy stated that the Authority received $90,000 from the City, and a $40,000 grant from the State, which monies were used to provide low-interest or deferred loans . In 1977, the City was the recipient of $150,000 in Community Development Block Grant funds, which money was also used to subsidize the loans , The City also obtained a $450,000 line of credit from a consortium of Englewood Banks to us,e in the program, Since the inception of the program, 52 loans have been processed . Mr. Reddy stated that of the $90,000 from the City, $88,763 is committed, leaving a balance of $1,236 . Of the $40,000 from the State, approximately $35,000 has been committed, and of the $150,000 CDBG funds, there is a balance of approximately $25,355. This totals approximately $45,406 in uncommitted funds to operate the program. Mr . Reddy stated that of the 52 loans processed, 71% were subsidized, and 29% were unsubsidized , Mr. Reddy stated that guidelines for the program state that code violation items must be taken care of first; these are determined to be matters of imminent hazard affecting the safety and health of the resident . He noted that 67% of the loans processed dealt with this type of violation, and 42% of the loans were for room additions . Mr . Reddy no t ed that Englewood has many smaller homes, and by expanding the size of the homes, it is providing more "liveable" dwellings. Other statistics cited by Mr. Reddy were that 12.5% of the loans were used for improvement of handicapped individuals residence s, a nd a to t al of 39.5% were used for general improvements, such as roo f ing, siding, etc. Also, 14.5% were used for weatherization purposes , 1 9% were for the remodeling of existing rooms, and 8% of the loans were concerned with the construction o f garages. Th'lr e have been 15 unsubsidized loans, 22 subsidized loans, and ~5 d eferred loans approved . Nineteen percent (19%) of the loans wer e mad e to persons under 30 years o f age, and 27% were made t o p e r s ons over 62 years o f age ; 35% of the loans were made to single-heads-of-households . Mr . Reddy stated that 27 loans were made in the Target Areas, and 25 loans were granted out- side o f the designated Target Areas. Mr. Draper questioned the figures cited by Mr . Reddy on the funds expended. Mr. Reddy noted that the figures have been up-dated to reflect the most recent balances . Mr. Reddy also explained the percentages cited; some loans may have covered more than one item, and will be reflected in each category, therefore , the percentages will not add up to 100% • • I • • ( • • • - -5- Mr. Tanguma asked if th e re was anyone in the audience who wanted to ask questions of Mr. Reddy. Mr . Reddy pointed out that at this point, the request is for comments on the program to date. Mr. Paul Hendricks 4001 South Elati -stated that he feels that h e and his grand- father, Mr. B. B . Williamson, have gotten a lot of value and improvement to their home for the amount of the loan. He pointed out that the wiring in the house was brought up to current code, there was a room addition, a new sir~ in the bathroom, and new furnace. The square footage of the structure was increased to 768 square feet, and it is now a very livable home. He stated that they are most impressed with the program. Mr. Jerry Golding stated that he has had a very positive experience with the program, and thinks it is very exciting. Mr . Golding asked if someone living outside of a Target Area could still participate in the program? Mr. Reddy stated that the program is designed to aid residents who live both within the Target Areas and outside the Target Areas ; there are dif- ferent criteria that would apply depending on whether or not the property is located in a Target Area . He stated that the reason for the designated Target Areas is to meet Federal Regulations ; the Federal Government regulations indicate that impact and/or improvement in a given geographical area must be shown. It is the responsibility of the local entity to identify this geographical area --or Target Areas --where use of the Federal Funds will be concentrated. The Target Areas may be amended and changed, and in fact new Target Areas are proposed for concentration of efforts for the next two years. A question was asked by a memb er of the audience whether the program was designed to aid t he low income or medium income family? Mr. Reddy stated that the progra m is designed to assist a diversity of incomes; he pointed out that the dif- ference in assist ance would be the amount of subsidy allowed. Persons who ar e over-income, but reside in Target Areas, could participate in the program, but would be at the "pass-thr ough " rate of interest. The subsidies are used to aid those property owners who cannot afford to pay the interest rates. A member of the audi e nce asked how one would go about signing up to participate in the program, and how the program would work? Mr. Reddy stated that the funding from the existing grants would be used to continue the program until August, when the application would be finalized by the Federal Government. Target Areas would be changed in August if the Planning Com- miss ion and City Council concur with the staff recommendations. The program will apply to the existing Target Areas until August. Mr. Reddy stated that contact with the Department of • I • • • • • -6- Co mmunity Developm nt to the A oc1.at~ Hous1ng Coo1d1na~o. artl t OJ ' Housing Rehabilitation Techn1cian ould be the f1r s s er oward th application. The stafi wil.~. t ,.nd le th pape wo r k, ar.d the appl1cation would then be pr e enced t o a Loan eview Co mmlcl e, which me e~s once a month , The L an R v1 w Comm1~t e wou ld approve or disapprove the loan applica io n, and the pr c s would take anywh re from one ~o two months. Mr . Draper asked if he u derstood th at there wer e ncomm1t.ted fund availa bl fo r the program now·~ Mr Reddy ated that th1 is correct, and these f un ds would b ava1lable for appli c ants in ~b existing Target Areas. r . Reddy po1nted out that th top l1m1t for a loan is $10,0 0 Mrs . T1na Warden 3001 West Bellewood Drive -as .kt'd wlwth 1 a pro r t } o'o\>n r could g t a second loan through the rehabil1tat1o n pro g ram? or xampl , if a per on has ob- tained one loan a n d later decides that the} ant mor work done, could this also be financed y th1s program? Mr. Reddy s~at e:i that if the 1ni~ial loan gran ted by this program wa bas1call y paid off, or paid down to a suffici n level, another loan cou ld be obt ained through th1s progra m . Mrs . Warden then asked if there would ev r be a program avail- able through the Housing Aut ho rity or City wh ereby ~h e first and second loans could be combi ned? Mr. R ddy s tated hat the "312 Program" is in existence, and tha~ th C i ty w:tll make application wh en additiona l u n ing is available . H stated that there is no time fr ame a ailable on when these funds would be availa ble, bu t proba ly it would not be befor e this Fall . Mrs. War den sta ted that sh e felt t he C1ty and Housing Authority were doing a wonderful job in helping the c itizens with pro- grams such as the rehab loan Miss Fes senden discussed the proposed fi nal appli cat1on f or the Community Devel o pment Block Grant Fund s . Miss Fessenden stated that the Department o f Hou sing and Urban Development wants to know what is don e with funds made a va ilable to the communities, and the communit ies must identify th eir commu nity de velopment and housing needs in the final application . Miss Fessenden stated that most of th Commu nity Developmen t need are taken from the goals of the Co mp rehe ns i ve Plan which h ave been discussed by the Planning ommission , identifying those ne ds which could be financed with Co mm unity Development Block Gr ant f unds. The Housi ng ned as set fo ·th in the a plica- tlon art outlined in th HOU9 ing A~s 1sta nce Plan. Th Hou 1ng Assi tance P lan c o vers people who are inadequately housed, artl shows a high need in renter occupied housing, nd part1cularl y 1n the small famil rentals. Miss F e senden pointed out that t he rehabilita tion program addresses primarily the ow ner-occu pied u nit, altho ugh it can include renter-occupi ed housing . one of the short-term needs is to continue the Rehabi li t ation I • ( • • .. -7- Loan Pro gram for the improvement and upgrading of existing housing stock. Sh e pointed out that the major change will b the ch ange in the T ar get Areas , th re of which will be the same as are in exis t nee today, and with the addition of three new ar eas. Miss Fessenden point d out that in March of 1979, the Buildin Division did a v isual survey of the entire City; th is survey was limited to the out ide aspects of hous ing, but wa s felt to give some ind1 ation o f area s where there was a concentration of housing that is in need of improve me nt. Miss Fe ssenden s tated that loans are ava1lable to the re s ident s of the Target Areas . Th e federal monies are used to subsidize the interest rate on loans t o low and moderate income resident s who cannot pay the pass-through interest rate. Loans ar e also available to people throughout the City, but the criteria for qualification is different. By getting a line of credit through a consortium of Banks, th e Housing Authority is ab le to give a lower interest rate than the individual would pa y by going through the bank directly. Mr. Tanguma asked why two e xis t ing Target Areas were deleted ? Miss Fessenden stated that there had been extremely l o w respons e in those two areas . Mr. Tanguma noted that a reference is made to increased enforcement, and asked what is meant by this statement? Fessenden stated that it is in reference to the general tenance of the area --e nvi ro nm ental codes, etc. code Miss main- Mr. Draper asked how the Target Areas are chosen; by the visual standards of the houses? Miss F e ssenden stated that the survey that was taken used the same criteria for every block. The survey was taken by block face, and areas where there were major probl e ms were note d , as well as areas with only one or two minor problems. Sh e pointed out th at a Target Area does not mean that every h ouse in the block is bad, but the block is part of a general are a that is in need of improvement. Mr. Tanguma asked if the fu nds c ould be used to buy land for publ ic housing? Mis Fessend n tated that the funds may be used to acquire land, but not for actual construction costs . Mr. Steve Hamil asked whether or not p r operty owners within the Target Area that are propos ed for deletion are eligible for t he program? Miss F ssenden stated th at they would be right n ow regardless of their income ; a f ter August, they would h ave to qualify under the criter ia used f or th os e areas out- side o f the designated Targe Areas. Conni e Darriet a sked about stip lat ions on rental property owners ; can they qualify , and what are the different criteria? Mr. Reddy stated that one of the reqJirements is that the renta l property owner agr ee to rent the properties to low and mod e rat e income peopl e . He poi n ed out th at to this time, this phase of the program has not been u ed much, if at all . Mr. I • • - • • • • - -8- Wanush sta te d that investors mu s t h av e b e en den i ed a l oa n by two lending institutions to quali fy o r a l oan through th is program, and they must also s how that th e i ncome fro m t he property is not sufficient to sup rt the i provem nt s . Ms . Darriet s tated tha t she i s o n a fixed-i nco e , a nd i s ren ting a house f r om he r parents which is loca ed in a Targ et Ar e a. Thi s house needs rewiri ng. Sh e s at d tha the 1ent sh e pays her parent s is less than they cou l d g t f rom o me o t her renter . Mr. Baker a sk e d if forms to si n u p fo r t h e program could b e picke d up this evening. Mr . Redd y su gested that those individua ls interested in participat ing in t h e program leave their na mes and phone numbers, and appoin tmen t s will be set up for them. Mr. Golding asked for fur t her explanation on the purpose of the Ta rget Area s, and the rol e the Federal Government has i n this program ; does this me an that homes outside of the Target Areas cannot be rehabilitated unde r the program? Mr. Reddy stated that t he Federal Government regulations requi re that communit ies par tic ipa ting in the CDBG prog ram must be able to sho w an impact on a specific area of the commun ity from the use of the CD BG funds . Mr. Steve Van Sickle quest ioned i f someone wanted to remodel their home, and do the wo~k thems elves, but did not feel qu alified t o do the total project, whether o r not it could be worked out under the p rogram? Also, would the homeowner be able to do the work he wants done , or would the program dictate whi ch thing s mus t be accomplished --such as r pair of broken windows, e t c? Mr. Reddy sta ted that not all participants in the rehabilitatio n program have their work done by c ontractors ; the sweat equ ity portion o f the p rogram is designed f or homeowners who are capable o f doing their own work. Miss Morris pointed out that a homeowner would be regarded as the "genera l contractor " i f t hey are doing the majority o f their own work, and can sub specific projects, such as rewiring, ou t . Mr. Tanguma asked if there were further comments or questions regar ding the CDBG appli ca tion or the Hou si ng Assistance Plan? No one asked further questions, or ma de further comments . Pierson mov ed: Bi lo seco nded : The Public Hearing be closed . AYES: Becker, Bilo, Car sou, Draper, Lathrop, Pierson, l'anguma NAY S: None ABSENT : Williams, Smith The motio n car rie d • Mr. Tanguma thanke d members of the a ud ien c e for their attendance a nd noted they were welcome to remain for the rest of th e mee ting if they so wish e d • • I • • ( • • • - A recess of the Commission was declared at 8 :00 P . M. The meting reconvened at :15 P. M. Members present: Tanguma, Becker, Bilo, Carson , Drap r, Lathro p, Pierson Members absent: Williams , Smith Mr. Tanguma asked the pleasure of the Co mmission on the Communi ty Deve lopment Block Grant application and Housing ssistance Plan Pierson moved : Bilo seconded: The Planning Commission accept th e Communi ty Development Block Grant applicat ion and the Housing ssistance Plan as written, and that these documents be recommended to City Council for approval . AYES : Tanguma , Becker, Bilo, ar on, Dr aper, Lathrop, Pierson NAYS: None ABSENT: Smi th , Williams The motion carried. III . DIRECTOR'S CH OICE . Mr. Wanush stated th a t he h ad no th ing t o be discussed under Director 's Choice. IV . COMMISSION 'S CHOICE. The Comprehensive Plan was a gain discussed. Mrs. Becker noted t hat throughout the Com prehensive Plan a great deal of attention is given to vi sual quality, but very li tt le is said a bout noise pollu tion. She stated t hat she fel t there sho uld be s om e stron stateme nt in t he P lan on th e matter o f noise pollution. It wa pointed ou t th a t the Cit d1d have a noise c ontrol pr~ gram, but that funding for this progr a m was discontinued, and the Police Department has assumed enforcement of th e Noise Control Ordinance. Further di cussion ensued. Mrs . Becke r stated that sh felt that noi was just a d i turbi n g to som individua ls as poor i ual quali y 1s to others. Discussion ensu ed. Mr. Wanu h ug e t d that th Housing Section of the Co mprehensive Plan, Page 5, might be amended by adding a statement o th effec t that the City should "e n - force efforts to reduce no1s pollution." Fur her disc ussion followed . It was determined that Page 5 of the Ho u sing Section of th Compr hens i v Plan be am e nd d by adding a new sub-sect ion "h · to read "Enforce th No1se Co ntrol Ordinance. •· Mrs. Pierson tat d that ~h· r cal l ed som discu sion o n ef- fort tor du c e developm •nt tim ford ve lopers, and asked if there as refer nc to this in th Plan . Mr. Wanu h stated that there is uch a r ference in the summar y • • I • • - • • • • - -10- Mr. Wanu s h po inted out that following the Downtown Section of the Plan, there is a section of su ggested amendments to the Comprehensive Zon ing Ordinance. He proposed that this is not the place for these suggestions; they should be deleted and taken under advisement at the time the Zon ing Ordinance is con- sidered fo r revision , It was so a gree d, Mrs, Romans poin ted out that some of the maps contained wi thin the Plan need to b e redone; some will be run in color, and this will be time consum ing, as there will be several runs for one map. She sugg e sted th a t there c o uld be a se veral week period before this coul d b e completed. Als o, a f orward to the Plan and the summary should be included in the fina l version before it is referred to City Counc i l. Discuss ion ensued . Mr. Draper asked about the procedure t o amend the Compr ehens i ve Plan? Mrs , Romans stated that this is the p rocess the Commission is going through at this time . Mr. Wanush stated that the staff anticipates a general review once a year , but not a total re- view and revision such as this has been, Mr. Tanguma questioned that action should be taken this evening with two members absent ; he poi nted ou t t hat they would not be aware of the changes as dec ided upon by th e other members o f the Commission. I t was pointed out that a 2 /3 majority of the memb er - ship of the Commission is required to approve the Plan or any amendment thereto. Discus s ion fol lowed. Mrs , Becker asked if i t would be im p roper to approve the Plan with the changes th a t have been appro ved this evening? Mr. Tanguma indicated he fe lt such a mo tion wou ld be proper, Becker moved : Bilo seconded : The Planning Commission approve the 1979 Com- prehensive Plan, as amended April 24, 1979, and that this Plan be referred to City Council for approval and adoptio n, Mrs. Romans again reminded the Comm ission that the final version of the Plan would c on tain the up-dat ed History and Character, a Forward and Summary, Further discussion ensued. The vo te was called. AYES: Pierson, Ta nguma, Becker, Bilo, Carson, Drape r, Lathrop NAYS : None ABSENT : Smith, Williams The motio n carrie d • The mee ting adjourned at 8:45 P. M • • I • ( • • • • -11- MEMORANDUM TO 'mE ENGLEWOOD ClT COUNC IL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZON ING COMMISSI ON. DATE : April 24, 1979 SUBJECT: Co mmunity Developmen t Block Grant Applica ion Housing Assistance Plan RECOMMENDATION: Pierson moved : Bi l o seconded : The Planning Commission accept the Community Development Block Grant application and the Housing Assistance Plan as written, and that these documents be recommended to City Council for approval. AYES: Tanguma, Becker , Bilo, Carson, Draper, Lathrop, Pierson NAYS: None ABSENT: Smith, Williams The motion carried. By Order of the City Planning and Zoning Commission . • • I • • ( ( • • • ,. • MINUTES COUNCIL MEETING DENVER REGIONAL COUNC IL OF GOVERNMENTS APRIL 18, 1979 Present: Wllllam Thornton, Chairm an Vesta H . Miller, Vice Chairman Al Bachman William Cobern Robert F. C l ement Harold V. Cook Paul Da nish Thomas Eggert Fred Fisher Sam Harper Paula Herzmark Beth Jenkins Jim Lee Gary Lewman Pete Mirelez John Ruhnka Michael Schonberg Rodney Sheffer Norman A. Smith Art Tlce Also Present: Town of Bow Mar City of Arvada City of Golden City of Aurora Jefferson County Denver, City &. County City of Boulder Arapahoe County Greenwood Village City of Littleton Dept. of Local Affair s C h e rry Hills V1llage City of Lakewood City of Wheat Ridge Adams County Town of Black Hawk City of Thornton City of Westmins t e r C ity of Broomfield City of Federal Heights orm Tanner, Alternate, Town of Bow Mar; Thomas Q. Benson, DR COG Attorney; Robert D. Farley, Executive D lrector, DR COG; Carol M. Langley, Executive Secretary, DR COG; and various merrbers of the DR COG Staff. Chairman Thornton called the meeting to order at 7 :4 0p .m. The roll was called and a quorum declared present. • I . • COUNCIL MINUTES APRIL1 8 , 1979 Page two Minutes of March 21 1979 • • • C ouncil o n mot ion by Mr. Lee, supported by Mr. Tl ce , unanimously ap proved the minutes of the March 21, 1979 meeting as mailed . Summ a ry of the Executive Committee Meeting of Apr il 4, 1979 Council members were briefed on the meeting and C hairman Clement res ponded to quest ions. Re port of the C h airman C hairman Thornton noted the Counc il Po lley Retreat scheduled for May 31 thru J une 2, 1979 at Keystone . He encouraged Council members who were not registered to do so at their earliest convenience so tha t they may take advantage of p ar ticipating in this worthw hil e learning exp erience about DR COG and its goal<. and objectives. A tentative agenda and attendance questionnaire can be obtained from Carol Langley in the Executive O f flee . Set Publi c Hearing on Plan Ame nd me nt s for May 16, 1979 at the Colorado Departme n t of H ighways Auditor ium . Mr . Farle y explained that the lone proposa l was subm i tted by D enver Counci lm an Don Wyman to de l ete a segment of Ala meda as an a rteria l street. Thi s is an a me nd ment to the Regio na l Highway Plan . Co un c il on motion by Mr. C obern, su pported by Mr . Smith, unanimously schedu led a fo rm al public hearing on this amendment for May 16 at the Colorado Department of Highways Auditorium, 4201 E. Arkansas at 7:30p.m. Adoption of the 1979-81 Unified Planning Work Program Mrs. M i ller, Chairman of the Prog ram C ommittee, stated that the committee a t its April 4th meeting unanimo usly recommended Counci l ado p tion of the Resol ut ion. Mr. Scheuernstuhl explained that ado ption of the r esolution would a pprove the 1979-80 Unified Pl ann ing Work Program which describes a ll surface transportation planning activities that will take place, their c osts and f unding sourc es. C overing the year beg i nning Oc tober l s t, the d o c ument in cludes work to be accompli shed by DR COG, Colorado De p art ment of Highways , RTD and • I • - r ( ( • COU NCIL M INUTE S APRIL 18, 1979 Page three • • • local governments. Total funding from all sources to complete the work is estimated at $3 .2 mIll ion , with most of it from federal sources. Council on motion by Mrs. Mlller, supported by Mr. Cobern, unanimously adopted Resolution No. 8, 1979, A Resolution to Adopt the 1979-80 Unified Planning Work Program for Trans portation Planning in the Denver Region. (A signed c opy of Resolution No. 8, 1979 is attac hed to and made a part of the file copy of these minutes.) Briefing on the Air Quality Program Mr. Doyle briefed Council on a schedule or timetable which was distributed, noting the months and years for anticipated completion of proposed work eleme nts in the planning program. The implementation schedule will be revised and up dated during the plan ning process over the next three yea rs. The program is developed and d ivided i nto flve basic elements: the Air Quality Transportation Program Integration & Management; Public Involvement; Direct Emission Con trol Program ; Program Integration & Recommendations; and the Variable Work Hours and other transportation elements. Schedules for evaluation, implementa tion and monitoring of the required air pollut ion control strategies a re establlshed by the Program Prospectus. The program is divided into separate but inter-related tasks which are necessary for the full development a nd implementation of the plan. Where c ommitments to implement the Plan do not presently exist, due to limited deflnitlon of certain measures, the efforts necessary to obtain these commitments a nd implement the Pla n are included in this continuing work progr a m. The continuing air quality progra m Is a three-year program, starting i n January, 1979. This program i nc ludes an ana lys is of alternatives where present information is too limited to defin e and take s pe cific act ion to redu c e a ir pollution . The ana lysis of alternatives is s c hedu led to be completed by July, 1980. Implemen- tation of the recommended strategies is the pr inci p a l activ ity to be carried out und er the work prog ram activities after July, 198 0 . Where the evaluation of altern a tives has already been com pleted and a spe c if ic me as ure defined or where the analysis of alternatives associated w ith a type of stra tegy does not require the time untll J uly, 19 80; the p rogram activ ities addre ss im plementation of such measures during the first year and a half of the work program. All recommended. reasonably availab l e strategies are to be im plem ented by De cember 3 1, 1982, or where a lengthy process is required fo r , im plementation initiated by tha t date. 0 I • • • • • C OUNC IL MINUTES APRIL 18, 1979 Page four Briefing on the Southwest General Aviation Study Mr. Scheuernstuhl, D R COG staff, brie fed Counci l on the study, no ti ng that abou t six months ago, Douglas, Jefferson and Arapahoe Countie s, and the City and County of Denver, jointly selected DRC O G as their ag ent to prepare a study to select a site for a general a via tlon airp ort somewhere in the southwest p art of t h e region . This is essentially implementing the 1974 Region a l Airport Systems Pl an whic h says that we need to look for some additional sites for general a v iation aircraft. The project phases are basically four. First, the pre-planning p hase which is basically one of stud y desig n . Second, the si te selection study which Is c urrently underway . A p ublic meeting is scheduled for May 10 in Ca stle Rock to receive comments on the accepta bility of propo sed loca t ions . About 1, 40 0 acres will be needed for the facility which by 1990 could have three runways . By 2000 the facility would be expected to be the base fo r 500 private aircraft with 405,000 annua l operations. Third l y, is the phase of forecasting the general aviation acti v ities t o ascertain demand and projections on usage. Fourth, Is the recommend ations fo r im p lementation o f the study findings . Re port o f t he Exe c utive D !rector Legislative Brief in g Mr. Foster, DR COG staff. reported that the Platte Valley Housin g Dist rict , S . B. 429 was l ost in the Senate Local Government C ommittee by a vote of 7 to 4 . The b i ll wa s pos t p oned Indefini te l y. S .B. 1 is still in the a ppro p riations p r ocess . The Ridesharing Bill c ame out of t he House and a l so has come out of the committee of the Sena te . It Is making good p rogres s . S .B . 218 having to do with Industrial reve nue bonds for hous ing h as bee n a mended to c h an ge the formula from 90% of state median inco me to 12 0 % o f medtan Income and when th at formula is a pplied that allows o n e to buy a $48 . 000 hou se instead of a $3 6 , 000 house and that make s some of the c ounties more agreea ble to that kind of fin anc ing for hou sing. The bill ls thro ugh the Sena t e and House com mittee . The De nture Bill is sti ll l n a ppro priations awai ti ng action . • I . - I ( • COUN C I L MINUTES APR IL 1 8 , 1979 Page f ive • • • M r. Farley reported that with respe c t to the air qua lity program and the ma tter Imposed u pon DR C OG's local governme nts b y the Air Pollution Control C ommiss ion con c ern in g ado pti o n of a model resolution, a list was d is tributed on a ct 1ons taken noting that several area communities have com p iled with the requirement to adopt resolutions In supp ort . Others have r e solutions schedule d for consideration p rior to the May 1st deadllne. The Air Carrier Study is at a point now where the consultant has d r afted a Management Plan which sets a course of action for the study . The question of accelerating the timetable o n the study has been r a ised by a number of persons . That request has been reviewed Wtth the consultant and there is reason to believe that the study can be completed in 26 months instead of the original 3 6 months. Requests from the Pikes Pe a k and Larimer Weld COGs for seats o n the Ex ecutive C ommittee have been reviewed. The Aviation Technical Advisory C o mmittee i s in place, including representat ives from the State Administrat ion as well as the General Assembly . That c ommittee will meet for the first time on April 25th. The Federal Aviation Administrati on asked for one addit ional thing i n the grant submittal, I.e. that the governing body (D enver City C oun c il ) assig n responsibili t y to do the s t udy to DR COG . Su c h an ordinance was introduc e d In C ity Council about a month ago. That o rdi n ance has been enta ngled m a n umber of amendmen t s requested by one or more Denver City c ouncilmen . In the c o n tra c t that c ontains the $2 00, 000 of Stapleton revenues, th e revenue bond provls ions of Stap leton require certain actions o n the p a rt of the Mana ger of Public Works and the contract has been a mended to include the c oncurrence of the Mana ger o f Publ ic Works In a number of p laces, from the selection of the con s ulta nt, to re c omme nd a t io n s made in the study . That was approved by the Exe c utive C om mi ttee in Februa ry. In the first ame ndment to that ordinance the Ci ty C ouncil asked f or review and a pproval of all the conc urre nces entered in to by the Man a ger of Public Works. More recently, they s ugg e st an am e ndm en t to c h a nge th a t to read revi e w a nd c oncurrenc e . DR COG sug g es t ed t w o weeks a go th a t it be c hanged to say, review a nd re commend a t ion o f a Counc il commi ttee for two re a son s: (l) the questi o n of ti mi ng on the s t udy--if the De nv e r Cit y Council is to a pprove and co nc ur in wh a t c an be id entified a s 15 dec i sion po in t s in th e study--the delay w o uld be up to 45 week s. A co n sulta nt and s ix sub-con tra ctor s c an not b e s ubjected to thos~ kinds of delays a nd rna intain t he c o ntinui ty of the s tudy; and (2) e ve n the a ppea rance of bias i n the s t ud y c ould be a serious ma tter. Negotia tions are contt nu l n g w ith the Denver C ity Co un c il and D RCOG in order to r ea ch an a c ceptable and w ork a ble agree ment s o the study can proceed on sc hed ule. • • I • • - 0 • • COUN C IL MI NUTES APRIL 18, 1979 Page six • • • Certlficatlon by HUD on the DR COG Reg ional Housing O pportunity Plc.n is still not forthcoming. Staff and HUD are con t inuing to address that i ssue . The Front Range Air Qu a lity Coalition is contin u ing to meet under the l eadership of Mayor McNichols. The group discussed taking a j oi n t action to reque st the State Air Pollution Control Commi ss ion to provid e assistance in helping the three front range COGs c oordinate their monitoring capabllities . A three-year study is contemplated by DRCOG to evaluate storm water runoff as part of the Natlonwide Urban Runoff Pr ogram of the EPA. The project will provide valuable data to supplement the Clean Water Plan. First year cos ts a r e estimated at $459,000 w ith two federal a ge nci es, EPA and the USGS , contributing most of the fu nd s. The three-ye ar budget f o r the program is $1.8 million. Bes ides the two federal agencies, DR COG would work with the Urban Drai n age and Flood Control D istr ict, local governme nts and c o ns ultants during the cour se o f the proje ct . Monitori n g sta tions would be established in six to eight sub-basins to collect runoff pollution da t a . These would be based on different types of l and uses such as single famlly , multiple fami ly , commercial, constructlon and idle land. Adjournment There being no further busi ness , the meeting a dj ourned a t 9 :2 0p .m . ATTEST: Robert D. Farley Exe cutive D ire ctor W i lllam J . Thornton, Chairman • I • ( ( • • • • MINUTES ANIMAL CONTROL COMMITTEE May 14, 1979 The bimonthly meeting of the Animal Control Com- mittee was held on Monday , May 14, 1979, at 7:00 p.m. Hembers present included Thad Carson, Joe Bilo, Har o ld Ambrosier , and Mrs . John Tidwell. Absent were Howar d Brown and Dave Long. Mrs . Hattie Ambrosier was a gu e st. Dr. Kim Stone of the Cherrelyn Animal Hospital was introduced to the committ ee . A motion was passed to admit Dr. Stone as a new member of the Animal Control Commit tee. Discussion was held during the meeting concerning section ll-ll-1: Definitions . See attached sheet for chan ges a nd new definitions. The next meeting will be held on Wednesday, May 23, at 7:00p .m. The committee will begin discussion on section 11-11-2. Meeting adjourned at 9:30 p.m . Laura Ann Hinderaker , Secreta r y • 5 • I • • ( ( ( • • • • 5-14-79 11-11-1 DEFINITIONS: DOGS (a) "Adjoining owners , residents" -same (b) "Animal shelter" -same (c) "An imal Warden " -same (d) "Attack Dog " -sam (e) "Dog" -same (f) "Dog, mal " -Any dog of masculine gender upon which no alterna- tive surgery of the genital organs has be n perform d. (g) "Dog, castrated male (neuter ed)" -any mal dog upon which alternative surgery of the genital organs has been performed by a licensed veterinarian and accompanied by a certificate asserting such ope ration has been performed . (h) "Dog owner " -Any person owning, keepi n g, ha rb oring, or having the full o r temporary car e of a dog at th e time any violatio n of this ordinance is committ ed . (i) "Dog , female" -same (j) "D og , spayed female " -same (k) "Dog, stray and/or running at large" -any dog. within the city limits, outsid e of owner 's property unaccompanied by owner as defined in 11-11-1 (h). (1) "Finance Directo r" -same (m) "Guard Dog" -same (n) "Hobby Breeder" -Any person who, outside of his r gular course of employme nt, is breeding purebred dogs in an attempt t o improve the breed through co ntrolled propagation, thus achieving carefully desired qualities and traits. (o) "Rabies" -to be decided at a later date . (p) "Kennels" -Any place where dogs are born, bred, raised, boarded, fed , or sold, for any valuable con sideration, but shall not include a household which sells only the offspring of a female dog maintained solely as a family pet. • • I • • ( ( ( • • • • 5-l -79 DEFI ITIONS: CATS (a ) "Adj o ining owners, residents" - s a me (b) "Animal shelter" -same (c) "Animal Warden" -same (d) "Cat" -Any member of the family f e lis catus r e gardless of sex. (e) "Cat, male" -Any c at of masculine gender up o n wh i ch n o a l te r n a - tive surgery of the genital organs has b een pe r fo r me d. (f) "Cat, castrated male (neutered)" -Any male c at upon whi c h alternative surgery of the genital organs ha s been pe r f orme d by a licensed veterinarian and accompani e d by a c erti f i ca t e asserting such operation has been performed. (g) "Cat, female" -Any ca t of the female gend e r upon whi c h n o alternative surgery of the genital organs has b e en pe r fo rmed. (h) "Cat, female spayed " -Any female cat on whi c h an ova r iotomy o r ovariohysterectomy has been performed by a license d ve t e r i- narian and ac c ompanied by a certificate asserting such ope r a tion has been performed. (i) "Cat owner" -Any person owning , keeping, harboring , or having the full or temporary care of a c at at the time a n y viola tion o f this ordinance is committed. (j) "Cat, stray and/or running at large" -any d o g, wi t hin t he city limits, o utside of owner's property una ccompan i e d by o wn e r as defin e d in 1 1-11-? (i). (k) "Finance Direc t o r" - s a me (1) "Hobb y Br eeder" -An y pe rson wh o , out s id e of his reg u lar co ur se o f e mployment, is b r eedin g pure bre d c ats in an attempt t o impr ov e t he b r eed t h r ough co ntrolled propaga tio n, t hus achie ving c arefully d esir ed q u a l i ties and traits. (m) "Rab i es" -t o be d ecid e d at a later date. (n) 'tattery (ke nn e l)" -Any pla c e where cats are born, bred , ra ised , boarded, f e d, o r sold, for any valuable c on sidera tio n , b ut shall n o t include a ho useh o ld which sells only th e o ff spring of a fe ma l e c at maintained solely a3 a family pet . • I • • - ( ( • ( • TO: FRO~!: DATE: SUBJECT: • • • 5 F M910RANDUM Honorable Mayor James L. Taylor and Members of City Council Louis Parkinson, ~~nicipal Judge~ May 8, 1979 MUNICIPAL COURT ACTIVITY REPORT FOR APRIL, 19 79 Attached is the Municipal Court Activity Report for the month of April, 1979. The report is being transmitted to keep you further informed of Court activity and requires no action by City Council. /b Att. • ... t I • • - ( • ( • • • • "U NICIPAL COURT •\CTIVITY R[PORT APRIL Rt:VEI>U[ SOU RCL Aprtl 1979 V1olat1ons Bureau Fines-----------------$ 2,301 .00 Pa rking Vi olation Fine s -----------------2 ,540 .00 Co urt C01ses -----------------------------6 ,1 6 1.00 Court Costs-----------------------------1, 350 .00 Witness Fees----------------------------155.00 Jury Fe e s-------------------------------25.00 Bond Forfeitures ------------------------125.00 Dri ver l raprovemcnt School Fees----------18 0 .00 Appeal Bond Fees -------------------------a- Arapahoe County (DUI's)-----------------942.50 lUTAI.S $13, 7S 5 . 50 Arrai&mDents scheduled------------------24 0 Gu.ihy pl eas (incl. nolo pleas )----115 No t Gutlty pl eas-------------------7 6 Cont 'd. or Failed to Ap pear--------49 Tra ffi c Violations Bure a u: Guilty pleas-----------------------94 Not Guilty pleas-------------------43 Trials schedul ed for month -------------- Juries scheduled (hold )------------ Juries cancelled------------------- Juries cant inued------------------- I 1 3 19 (3) II Juries d ismissed -----------............... .. Trials to the Court (held)------.. -- 4 I 94 (4 ) Pretri al Confe rences--------------------14 Speci al Hearings------------------------12 Cases cl os ed by Uisposition-------------48 Cas e s closed by Ocf. Pros/Sentence------0 Driver School att endance----------------20 Wa rrants & Ex ecut ions issued------------34 Ca se s pending (not incl . parking )-------954 NO . OF CASlS F1LEU BY CATAGOI!Y: Moving Viola ti ons-----------------------454 l'urkin ~ Vi o lutton~----------------------7 M2 Other Ordi nan ce Violntjons--------------16 Dog Ord1nance VJo l n tlons--------------· 21 Co mplunts (ci t itcn, sales tax, b ldg .)---4 T01AI.S 1,277 . Respectfully ~ubm!}~d , '-/:;$.1r.-..-~. r-.v.. ''t 19 79 Same Month Las t Year 2,276.50 I ,956 .00 6,3 86 .00 1,060. 00 105.00 25.00 205.00 210.00 -0- ~ 13 ,651 .00 25 0 137 4 (2) 2 0 0 133 (14 } 21 58 24 27 I , 2 16 244 788 16 2 8 2 1 ,078 BARBARA J. ~N E Y, C1erJV>f Municipal Court cc : Louis Parki nson, ~tunic ipa l .J udJ!.e llonoruhle ,.1.Jyor .Ju ml'S ·lay lor anJ Members of City Cou ncil Andy McCown. C1 ty t.l:m:Jgcr Bernard Berardi ni, City Attorney Rohcrt llolmcs , Chief of Pol icc William 0 . James , Uirccr o r of Fin:tnce • To t als Totals Tins Yc~r Las t Ye ar 8 ,2 15 . 5 1 I I ,385.50 9,6 2 1.00 8,745.00 24,11 3.00 27,635 .50 5,272.50 4,9 75 .00 78 5 .50 6 20 .00 .150.00 75.00 905.00 345.00 580 . I•L 960.00 -0-3.00 ~ ~ S.i , 14 9.0 1 s~ ,12-1 . so 1' 179 I ,22 3 sn 796 8 4 (II) 4 7 (4 ) 5 6 40 1 3 0 4 3 5 14 (29) 749 (52) 65 67 4 I 291 425 19 1 6 8 108 16 1 152 I ,1 50 1 , 222 3 ,007 3. 972 64 49 103 141 __ 8 8 4 . 332 5 .~n I • • • • • MEM ORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISS ION. DA TE: May 8, 1979 6 SUBJE CT: vacation of Right-of-Way -3500 Block South Marion RECOMMENDATION: Williams moved: Bi lo seco nded: The Planning Commission recommen d t o City Council that the following right-of-way b e vacated in the 3500 block of South Marion Street , as re- quested in Case #10-79 : (1) The East 5 feet of Lot 2 and the West 10.7 feet of Lot 1, and the West 15.7 feet of the East 30 feet of Lots 27 and 28 and the East 5 feet of Lot 25 and the West 9.2 feet of Lot 26 all in Block 1, Yeager's Subdivision of Block 4, Verona Place. Contains 4269 .75 square feet. (2) The East 5 feet of Lot 2 and the West 9.2 feet of Lot 1 and the West 15 .7 feet of the East 30 feet of Lots 27 & 28 all in Block 2, Yeager's Subdivision of Block 4, Verona Place. Conta1ns 25 43.25 square feet. (3) Beginning at a point 5 feet West of the Southeast corner Lot 25, Block 1, Yeager's Subdivision of Block 4, Verona Place ; t he nce Sou th 3 0 feet to a point 5 feet West of the Northeast corner Lot 2 , Bloc k 2, Yeager 's Subdivision of Block 4, Verona Place; thence East 14.2 feet along the NOrth line of Lots 2 and 1; thence North 30 feet to the South line of Lot 26, Block 1, Yeager's Subdivision of Block 4, Verona Place; thence along the South line Lots 26 a nd 5 14.2 feet to point of beginning. Contains 426.00 square feet. (4) That portion of a 15 foot alley which is adjacent to the West 15 .7 feet of the East 30 feet of Lot 27, Block 2, Yeager's ~;ubdivi sion of Block 4, Verona Place, City of Englewood, Arapahoe l:oun ty, Colorado . Contains 235.5 square feet. The vacation of this right-of-way is favorably recommended for the following reasons: 1, The 3500 block of South Marion Street is classified as a local street and no more than sixty feet of right-of-way is needed for the present and projected use of the land in that block. • I • - • • • • • 2. The roadway in this blo ck was constructed in Paving District No. 7 of 1957, utilizing only the eastern sixty feet of the right-of-way, and there are no plans to redesign or recon- struct the roadway. 3 . By vacating the land in excess of the 60-foot right-of-way along the west side of the entire block, it will create a uniform right-of-way width in this block and the width will be comparable to other Local Streets within the City. AYE S: Bilo, Carson, Lathrop, Smith, Williams, Becker NAY S : None ABSENT: Draper, Pierson, Tanguma The motion carried. By Order of the City Planning and Zon ing Commission. I I I • • I • - ·r. ; • STAFF REPORT Page -1- STAFF REPORT RE : • • • STREET VACATION Case #10-79 Street vacatl un request --3500 block South Marion Street. DATE TO BE CONSIDERED: May 8, 1979 NAME OF APPLI CANT: Curt Kuh l, Broker-Associate Realt y Wor ld -Senti 2500 South Broadway Denve r, Colorado 80210 NAME OF PROPERTY OWNER: South Marion Street Venture 3951 South Hillcrest Driv e Denver, Colorado 80237 RELATION OF APPLICANT TO REQUEST: Mr. Kuhl is acting as agent for the above-named property owner. ZONE DISTRICT: The subject site is zoned R-2, Medium Density Residential. DESCRIPTION OF REQUEST : The applicant is reques ting that the City vacate the West 3 7 .9 feet plus or minus, of the existing 75 feet of right-of-way adjacent to the South 272 .5 feet o f the 3500 block of South Marion Street. (The staff report addresses the possible vacation of land throughout the block, not just the south 272 .5 feet .) The applicant would like the additional 10,327 square feet of land fr om the right-of-way to add to the adjoining property. If the vacation were approved, it would be possible to con- struct a total of 13 units on the site rather than nine (9) . • I ~ I ~ I • r-J ·r. • STAFF REPORT Page -2- PROCEDURE: • • • STREET VACATION Case #10-79 If the Planning Commission determines that the subject right-of-way has no public purpose, the propos e d vacation would be referred to the City Council with a favorable recom-mendation. STAFF RECOMMENDATION : The Planning Division staff is of the op1n1on that there is between 14 .2 and 15 .7 feet of land in City ownership on the west side of the 3500 block of South Marion Street that is not needed for right-of-way purposes, and therefore, recommends that the City vacate the following parcels of land: 1 . The East 5 feet of Lot 2 and the West 10.7 feet of Lot 1, and the West 15.7 feet of the East 30 feet of Lots 27 and 28 and the East 5 feet of Lot 25 and the West 9.2 feet of Lot 26, all in Block l, Yeager's Subdivision of Block 4, Verona Place. Contains 4269 .75 square feet. 2 . The East 5 feet of Lot 2 and the West 9 .2 feet of Lot 1 and the West 15 .7 feet of the East 30 feet of Lots 27 and 28, all in Block 2, Yeager's Subdivision of Block 4, Verona Place. Contains 2543 .25 square feet . 3. Beginning at a point 5 feet West of the Southeast corner Lot 25, Block 1, Yeager's Subdivision of Block 4, Verona Place; thence South 30 feet to a point 5 feet West of the Northeast corner Lot 2, Block 2, Yeager's Subdivision of Block 4, Verona Place ; thence East 14.2 feet along the North line of Lots 2 and 1 ; thence North 30 feet to the South line of Lot 26, Block 1, Yeager's Subdivision of Block 4, Verona Place; thence along the South line Lots 26 and 25, 14.2 feet to point of beginning . Contains 426.00 square feet. 4. That portion of a 15 foot alley which is adjacent to the West 15.7 feet of the East 30 feet of Lot 27, Block 2, Yeager's Subdivision of Block 4, Verona Place, City o f Englewood, Arapahoe County, Colorado . Contains 235.5 square feet. The sta ff makes this recommendation for the following reasons: 1 . The 3500 block of South Marion Street is classified as a Local Street and no more than sixty feet of right-of-way is n ee ded for the present and projected use of the land in that block. • • I • • STAFF REPORT Page -3- • • • STREET VACATION Case #10-79 2. The roadway in this block was constructed in Paving District No. 7 of 1957, utilizing only the eastern sixty feet of the right-of-way, and th e re ar e no plans to redesi gn or re-construct the roadway. 3 . By vacating the land in excess of the 60-foot right-of- way along the west side of the entire block, it will create a uniform right -of-way width in this block and the width will be comparable to other Local Streets within the City. The staff would oppose vacating the west 37.9 feet of right-of-way as proposed by Mr . Kuhl. Although the matter before the Planning Commission is simply to determine whether or not the right-of-way in exces s of sixty feet is n eeded for public purpose, the staff would call the following facts to the attention of th e Commission: 1. The deeds of record suggest the City ma y have pur- chased this property and do not specify that the property was ever intended for roadway purposes only . 2. The excess right-of-way consists of approximately 7,500 square feet, and based on an es timate of the current market value prepar ed by the Public Works Department, the property could have a market value of as much as $30,0 0 0 . If the land were purchased by the City rather than deeded by the property owner, there is some question as to whether the land should be vacated fr ee and clear, or sold to the adjoining property owner. DESCRIPTION OF SUBJECT AREA: The 3500 block of South Marion Street is bounded on the north by East Hampden Avenue and on the south by U. S. Highway No. 28!). Th e zoning in this block is both an R-2, Medium- Density Residential, and B-2, Commercial. The B-2 Zone Dis- trict is imposed alvng the south side of East Hampden Avenue and is approximat e ly 133 feet deep to the west side of South Marion Street, and 116 feet deep to the east of South Marion Street. The remainder of the block is zoned R-2, Medium-Density Residential, which Zone District permits up to fourteen dwelling units per acr e . The east side of this block is entirely developed . Two former residences on the north end of the east side of the block are us ed as offices, and the remaining structures along the east side are eit h er single-fami ly or two-family residences. There is an auto repair s hop fronting on East Hampden Avenue west of South Marion Street, and south o f this repair business, there are two residential uses --one a duplex, and the other • f I I • • -'":Y • STAFF REPORT Page -4- • • • STREET VACATION Case #10-79 a single-family hom e . Co ntinuing south along the west side of the stree t, the n ext 195 feet is vacant, and there is a duplex on the south ern -most 77 .5 feet o f the block. BACKG ROUND OF PREVIOUS CITY ACTION RELATING TO THE PRO PERTY: The block containing the subject property was original ly subdivided as part o f Verona Place on June 18, 1910. This area was later re-subdivided and is now platted as Yeager's Subdivision. The subject area was part of a larger area annexed to the City in 1950. With the exception of the strip commercial zone along East Hampden Avenue, the 3500 block between South Clarkson Street and South Lafayette Street was zoned R-2, a Two-family Residence District until 1955. In 1955, the Zoning Ordinance and Map were revised and that area was zoned R-1-D, a Sing l e - family Residence District. The R-1-D Dis t rict was the same as the present R-1-C District, permitting a sing l e -family residence on a 50-foot frontage. In 1961, Mr. Ben Nazarenus filed an application to re- zone a parcel which he owned on the west side o f Marion in the 3500 block f rom R-1-D, Sing le-family Residence, to R-3-B, Multi - fami ly Residence. It is this same parcel which i s now the sub- ject o f this application . Because the procedur e adopted by th e City discouraged "spot zoning", Mr . Nazarenus included all of the land between Marion and Downing in the 3500 block south in his appli cation, except that land on the south si de of Hamp d n which was zoned for commercial use. The Public Hearing was held on September 7, 1961, and after considerable study, the Co mmission voted on December 21, 1961, to not re commend the rezoning . When the Comprehensiv e Zoning Or dinance and Map were being considered at Public Hearing in 1963, Mr. Nazarenus re- quested that the area which had been the s u bject of his applica- tion b e zoned R-4, Residential-Professional. The Commission determined that R-4 was not the proper z one at that time ; but they also determined the area was not properly z one d for single- family use. It was at that time that the area which was z oned R-2 prior to 1955 was zoned back again to a two-family zone district, s peci fically R-2-B, a Two-family Zone District. Ag ain i n 1964 , Mr. Nazarenus me t with the staff and asked that the Commission be "sounded out " as to his applying once again for the multi-fa mily or residentia l-pro fe ssiona l districts. The Co mmiss i on studied the land use map and said that unless • • I • - t--:-1 ·(; • STAFF REPORT Page -5- • • • STREET VACATION Case #10-79 Mr . Nazarenus could bring in s ome new information they saw nothing to be gained by another Hearing on the rezoning o f the same area. When the R-2-B Zone District was repealed in 1976, the area was zoned R-2, Medium-Density Residenc e . The Jefferson Professional Building Corporation applied for rezoning from R-2, Medium Density Residence, to R-4, Residential-Professional, in 1976, and finally withdrew their application after considerable neighborhood opposition . The opposition was primarily centered around the construction o f a medical office building because of the parking problems. Records indicate that the City began acquisition of a 30 foot strip of land along the west side of the block in October of 1950, and finished acquisition in March of 1957 . The west 15 feet of this 30 foot strip is now what is being considered for vacation. In 1957, this block was included in Paving District No. 7, at this time only the easterly 60 feet of the 75 feet of right-of-way was utilized. In 1 958, the City vacated a 30-foot strip of land running p e rpendicula r to South Marion Street through the center of th e b lock. Of that 30 feet, the Assessor's rer.ords show that the north 15 feet was assigned to Lots 21 -25, Block 1, Yeager 's Resub- division, and the south 15 feet to Lots 2 -6, Block 2 , Yea g r's Resubdivision. A fifteen foot alley which ran parallel with th e no rth right-of-way line of U. S. 285 was vacated in 1961. RELATIONSHIP TO COMPREHENSIVE PLAN: The vacation of this strip of land will not conflict with the Master Street Plan portion of the 1961 Comprehensive Plan nor to the proposed revised Master Street Plan. This street is designated as a local street in both plans. COMMENT FROM OTHER DEPARTMENTS: There has been no opposition expressed to the vacation or relinquishment of this strip of City-owned land by any of the other City departments , The only comment which has been received about the vacation was from the Director of Public Works and the Director of Engineering Services, and it is attached for the Commission's information • • I • • STAFF REPORT Page -6- PLANNING DIVISION ANALYSIS : • • • STREET VACATION Case #10-79 There appears to be no public purpose for the subject land which is on the west side of South Marion Street. It would probably be necessary to obtain a legal opinion as to the precise status of the land and whether it should be vacated to the adjoining property owners or whether the City should be reimbursed as suggested by Mr. Diede and Mr. Waggoner. • • I • • ....___ I u.s . • I I ~ '\ I .,J \ __-' y • • _ _, _____ _ AVt:.-.- l i Z 5 ---- I ·~ I , ' ·I I I I' I - • • • - M E M 0 R A N D U M TO: Dorothy A. Romans, Assistant Directo r of Planning FR011: Kells Waggoner, Director of Public Works Gary R. Diede, Director of Engineering Services DATE: April 17, 1979 SUBJECT : Street Vacation Request -Curt Kuhl -3527 S. Marion A thorough investigation of our records indicates that the right-of-way in the 3500 block of South Marion Street varies between 74.2 feet and 75.7 feet. We have been un able to determine the origi nal need for the excessive ri gh t-of-way width. When this block was constructed in Paving District No. 7, 1957 , only the easterly portion of the existing R.O .W. was utilized. Likewise, utility re cords indicate that only the easterly portion has ever been us ed for util ity line purposes. It appears that the ea sterly sixty feet of t h e existing 74 .2 and 75 .7 foot R.O.W. is adeq uate for our p resent and antici- pated future use. Ne see no problem with relin qui shing the westerly 14.2 feet or 15.7 feet , depending on location within the block, but have some r eservation as to whether this property should be vacated , or offered for sale to the adjacent property owners . We are attaching a map with corresponding legal descriptions of the R.O.W. in excess of sixty foot width. Also included are copies of the deeds on South Marion wh ich suggest the City may have purchased this property and do not specify that this p roperty was intended for street purposes only. This excess R .O.W . consists of approximately 7 ,500 s.f. and based on our e stimate of current market value , could have a value of as much as $ 30 ,0 00. t::(!_,t S>-~ell s Waggoner~~~.E~.--------- Di r ector of Public 1'/orks RAK:bjs Attachments Services • ) I • - • ( • • • • POSSIBLE VACATION OF A PORTION OF 3500 SOUTH MARION Vacation of the following described parcels of land (1) The East 5 feet of Lot 2 and the West 10.7 feet of Lot 1, and the West 15.'7 feet of the East 30 feet of Lots 27 and 28 and the East 5 feet of Lot 25 and the West 9.2 feet of Lot 26 all in Block 1, Yeager's Subdivision of Block 4, Verona Place. Contains 4269.75 square feet. (2) The East 5 feet of Lot 2 and the West 9.2 feet of Lot 1 and the West 15.7 feet of the East 30 feet of Lots 27 & 28 all in Block 2, Yeager's Subdivision of Block 4, Verona Place. Contains 2543.25 square feet. (3) Beginning at a point 5 feet West of the Southeast corner Lot 25, Block 1, Yeager's Subdivision of Block 4, Verona Place; thence South 30 feet to a point 5 feet West of the Northeast corner Lot 2, Block 2, Yeager's Subdivision of Block 4, Verona Place; thence East 14.2 feet along the NOrth line of Lots 2 and 1; thence North 30 feet to the South line of Lot 26, Block 1, Yeager's Subdivision o f Block 4, Verona Place; thence along the South line Lots 26 and 25 14.2 feet to point of beginning . Contains 426.00 square feet. (4) That portion of a 15 foot alley which is adjacent to the West 15.7 feet of the East 30 feet of Lot 27, Block 2, Yeager's Subdivi- sion of Block 4, Verona Place, City of Englewood, Arapahoe County, Colorado. Contains 235.5 square feet. • I • - • ( • • • • RE ALTY WO RLD® -Senti Realty Co . 2500 So Br oadwa y. Denver. CO 80210 Telephone . (303) 744 ·3 317 v.~~ 1 :j ~ ~ . .. .... March 28, 1979 City of Englewood Planning & Zoning Commission 3400 So . Elati Englewood, Colorado 80110 ATTN: DOROTHY ROMANS Dear Dorothy , REA LTY WOR LD . - f GL · 011~ 1":1'[ OR A DO MA .""; 2 ~ 1979 Attached is a section of City maps showing Blocks 1 and 2, YEAGERS SUB- DIVISION, VERONICA PLACE. By Diagonal Lines, I have indicated an area of street easement that I would ask be vacated. By virtue of this add- itional square footage, we would have approximately 40,852 total square feet. At that point we would pursue erecting a total of 14 units . (2 or 3 unit buildings). One of the reasons I felt this might be acceptable to the City is that in checking the map, I noticed that if the widening ever became a reality 3515-17 So. Marion would be virtually in the street and in violation of set backs. Your immediate attention would be appreciated. CK/ps Each office is independently o wned . • I • - • • • -~--H A tvu~ l) EN ·--·-·-~ ... ·--· J Ill:, i r ··: .~~::~~-· i · 1 .. , I;: \._. I: , .. : il ~~· J ·:t .. ·lJ I \. 1 1 II •I II I' " /I il 1: ·;: 1/ I I :I I I . i I Jl' 'I 1: ,-I I : i /• \I r' ; I i \ I / I ,_ I i .. , I !•. ~ . ) !: I : (' .; I ,, I I, ' I 'I I '/" .. ·! '·• I 'I !I •lJ ,tt I )lo t II I , ·•'' 'l! • : 11 •r I I .. I l ' f t ·-I:;·· I• I .. I -·.· --, ... _ 1 i I ~ I :. s; ·.' ~ I .' ! . ~. • : i -. · I i ., lj ,, ',., ... \) .. . ' ... ·I ; I I I.-~ l · I· I I ! I ... ) ,., ' •,') ;,::: •·I I ' ~ ··~ I I '·: I ·., ! . I -I ~I. (' ' I ' ' • •. I il ·,i ' I- r: I I I I I' J II, I ' (j I I I ,,, I I ~ ~ ' : I .. I !' '. _j ;·~ :• ' I. : ' I I ' ' I;: I ·I .. I· jl ,, •·: I ·I I ',• ••l .. :.u 1'1 I . : ·I!'······ _,'·1 ·' t', ,. t -:1 ' l ! ·, I '·: 'I . . ·--I . ' I ·, I ,J ,- I .I ·,; ·I I !':J.i •I I· p I·,, j ' . ! .·;·:I ,'I I '.• '<, : ,., j ) !! ( I ,, I I ·I ' j ~ J I I : I •, I : ~ I ' •.' lq ... ..... .... .,, ... I I ' . ,_ 1•1111 . I 'l lJ •lft ., 'I :. ·'· ' J I I ,' .. ; ~ . j ' .. . \' \\ ; : ..r ' I ;...- ® . I '. I ,, ' I :~ '• " _, .. ; 'i. ., I I ' ••• j .. ,. r, J I o ,. .. ' .. ... I' ,. I, I ·I '• !. i ,l .I I' ,t '· I I :I ... I ·! ':· ·' I I, '1- ' 'i \ I ------------------------~ I I, '· ,< '·' II ........... I .. ) (. I I I ,_. --. ---- _, ! • / .:.-: ) ( i! •l I, I' I• I II •I 0 I • • • AP PLI CANT: LORD BYRON RESTAURANT 10 01 W. Hampden Ave. • • • COUN CIL ACTION REQUEST LIQUOR AND ).2 BEER OU TLETS TYPE OF ACTION REQUES TED : Ho tel/Restaurant Liquor License Renewal POLICE AND FBI REPORTS: Copies Enclosed PREVIOUS CITY COUNCIL ACT IONS DURING PRIOR TWO YEARS, FXCLUDING ANNUAL RENEWAL: CITY ATTORNEY'S REVIEW: COMMENTS: • I . . • • • :.1 A It Ut ~OLOKADO :. DEPARTMENT OF REVENUE RENEWAL APPLICATION FOR MALT, VINOUS AND SPIRITUOUS LIQUOR LICENSES 00 NO T W R ITE I N THIS S ~ACI: (GET APPROVAL OF LOCAL LICENSING AUTHORITY FIRSn LIQUOR EN FO RCEM ENT OFF ICER 'S ACTIO N luRO B VKO N ENT k PRSS lNC APPRO VED DISAPPROVED LOI'.O BYR ll N rl.ES T 100 1 W HAMPO E 1 ~ l:NG L dWUO CU OATil tiOUO L I CE NSR"I: TllLIE,..HO N i NO . Y::ooh,a.~c;...~4Y~~~...&<"---=:--~ M.iling Addrau 1001 Wast Ha,.mpden E IN OWNERSHIP DO NOT USE THIS FORM . USE AN ORIGINAL APPLICATI ON .) IMPQRTANT SEE INSTRUCTIONS ON THE REVERSE SIDE . -AGER'S NAME-Mi tcb COhan MAKE CHECK OR MONEY IF APPLICANT IS A CORPORATION, FILL IN REVERSE SIDE . BUSINESS P'HONE N0 .---::?....;8;..:1;._-..::5:.:::5:.:::J:.:::J;.__ _______ _ ORDER PAYABLE TO THE COlDRADO DEPARTMENT OF REVENUE . RENEWAL APPLICA TI ON FOR LIQUOR LICENSE (S) FOR THE YEAR ENDING TOTAL FEE (S) r .... u: ~1::!" '0" J..-'i6667 t1o 006 5 813 3 0615781 I OoJ.4 80 I ) 30 J..25 1 TYPE NAME AND DESCRIPTION OF LICENSE FEE HuTH A,\10 Rl:S TAU ~AI'H U Q UOR LlCENSl: ~ 25 .O.l C llY 8 5 PEttCFNT OAP FEE Do you heve l•l poueuion of the premi• for wtuch th is epplicetion for licente is mede? _ __..Y ... ai.JSIL---------------- Aro t he P<tmi-ownod o• •ont od 1 Rented If •ontod. effective & oxpk otio n doto o f '•so: Pebru&r)'21, 1 978-98 Is applicant Is ) o r ell of ficers of the corporation , ci t •zenls l or lawfully edmitted of the Un ited States o f Amenu7 _Y.....,e"-'8!L. ________ _ Is theepplica nt , or any of th e .,_n ~. or any of the officers, stockhokten or d ir ec1 on of u id a pplicant lif it is 1 corporation), or emp loyees at env tueh , und er the 101 of t wentv~ne y•n7 ________________ Yos, ____ _ Has the e ppli cent , or any of the pertn•s. or eny of the offteers , nockhold en or d irectors of M id applicant (if it is a corpore· t ion) ev« been convtcl.:j of 1 felony in the State of Colorado or been co nvicted of a crime elsewhere wh ich would constitut e 1 felony if such crime hid bMn oommltt.:l in the State of Colorado? If 10. Nte fu ll details _______ Yoo; ____ _ Has the a pplicant , or 1ny of the partners, or any officer , director or stockholder of uid applicant (if it ts a corporation) ever : (a ) b een<(jen~ altcente under this liquor law ? ____ .,--____ _:_ ___________ y.._ ____ _ (b) hod on elcoholic: bov•oee liconso ou~ptndod o• ri'IOkod?, _________________ Yos ____ _ • If the antwar is yes, ax plein fully (attach seperate lheet, if needed ) • Do you or any members of your fami ly have a fina ncial interest in any other liquor license? (Such f inancial interest t o include any equ ity intorost o• loenol. 11 the anowo• is yos , oxptein in d otoit Barry Cohen off ictr &l\4._X!!___:_ __ Director of Westco Ent Inc. DBA Chicago SJ!!t.=k•:=.:a=-s~y..__ __ ,__ ____ _ Does a ny J*"IOn , firm or corporat io n have a financial interest, evldenc.:j eit her b y loa ns or equ ity ownersh ip in the busineu for 'llltl ich thislic~nMisrequested?lf the answer is yes, st~te names and addrts~Ma nd amou nt of lsuch f inandal lnterett e xp rened eith• in dollars or other Items of value , sud1as inventory, furniture, fixtu res a nd eq uipmtlht ______ y .. ____ __:_N o•~..:X=---- List the nemn end addreues of all busineaes in wh ich any of the penon• In the previous quett ion are inter .. t~. Nomo •u iiMU - • • • • tr I Ml: "'r rt •• l '-'"'1-. I 10»"' \;UMrVn "' I t U N , antwer l8 J, \D I, \CJ, \O J, lnG \IJ · (a) O rgan ize d under the law of the State of_ .9_ctl.._Qki&4.L;... ______ .,Date . Lt.'bru&ry_2J.._ _19?8- (b) Pr inct pal busmess is conducted at.l.OQl _ Wea.t _ Hall.pdt.n_ County oL.Engl.ew.ood ., State o cG.Qlorado __ (c) Date o f fil ing last annual corporate report to the Secretary of State~/.~ __________ _ (d ) Name Home Add ress Ctty (e) ••••"'•"' _,.M,:-:1=:-tc=-e.=h:....;;Cr:o=-;h;.::t=n=----- voc eP••• Barry Cohen T' .. '"'"' --=s:::•=•='---'•=•'---'a=b~ov=~•c_ __ _ Date of B irth Month, Day, Year ?g~f ;g~:R :=-ct~1~LLII:llo-~r-a -~tg~z!*%~t7- Sec eta•v__,lll'i'l&"l"M~&·~·b~OVLL&-8 __ Manog .. -"'M"'i"-t"'o=h,_..:C:..:.O:..h..,e=n,__ ___ _ DIRECTOR S : Li st ell 01rectors (at l•rt 3 are requ ired by Law l (f) N.AME HOME STREET NO . a CITY J~~~ So1Jtb Spruce OA TE OF BIRTH • ll itch gohen Barry ohen Gary Agron 1 South Macon Ct Devonshire Heights October 13, 194 7 Au~st 1, 19 ~§1 L1st all stock h olders owning or controll ing a ny of the ca plta l ltock of t he corpo r etlon . (Include e c t uel owner o r pl edg".) Use 1e p e r e te 1heet If n eeded . N AME . H O ME STR EET NO. & CITY PERCE N T O F DAT E Mitch Cohen 3692 South Spruce ~~OWN E D 10/{lfi/7 Barry Cohen 1484 South Macon Ct, 25f 8/t/41 ~. (The fo llo w ing affidavit to b e 1iogn«t e nd aek nowledg«< b y indlvid...-lsend .-ch m eni;)er o f part nersh ips end by Corporat ion.) ST A TE O F CO LOR A OO co un•vof•------~D~e~n~v~e~r--------------------------~~·---------------------------------------------------- •""-----,---------------· being by m e f irst duly JWOr n, if for h im sel f , depose~ e nd ay1; t ~t he 11 the epptteent abo ... Mmed. o• that he'' Secr et arY(T it le) of the abo .... named co•pont ion; thlt he hal reid the forego ing applteattOn end that he knows t he contenu t hereof , e nd that 111 nwtten end t hu-.gs therein set forth ere t r ue of hts own knowl«tge 11 nd he ~~grees to conform to e ll rul es tnd r egulat iOns promulgated by the State Ott»rtment of 'Re..,.,ue m conneclion th er~lth . Subscr !bed lnd IWOrn to befo re m e lndivid...-ls end ell members of Pfrtnenh•P must SJOn h.,-e ·l AttAch Seal ., tanwnission Exp ir es Novem!Jer 6, 191!11 REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (Manufacturers , Wholesalers, Importers a '!..d Publi c Transportation Systems d isregard this section) CCOR PO~ATE SEAL) Tne f o tegotng a Pol •co~tlon nu bet n e~~:o~m 1 n eo an o tne prem.sas. bu,•nen conouc1e0 ,a n a cn •ucter o f tne o~pp hc•n t 11 ••t •sllt t o ry. ano we o o r ecou t nat •ucn llc:e-n u , If vrA nteo , w ill meet tne r•o~so nADII reau ue rntnu of tne ntlllhbornooa o~no tne oe"res Of tne •n n aouanu, o~~no co motte' wltn the p rovisi on ot Article 47 , T it le 12, C .~.S .l97l . THEREFORE THIS APPLICATION IS HEREBY APPROVED . DATED AT _________ THIS-------DAV Oft----------· A .D . 19--------- CN A M EOFTOWN ,C ITYORCOUNT V ) ________ ~-------------------------------------------------------------------- (MAYOR OR CHAIRMAN OF BOARD OF COUNTY COMMISSIONERS OR OTHER TITLE O F L ICENSING AUTHOR I TY.) ATTEST : (CLERK OR SECRETARY OR OTHER OFFICER HAVING THE O FFI C IAL S EAL OF THE LICENSING AUTHO RITY .) (If th• or•mls•s are l oc:Mid wtlhtn a town or ciJY, the &bo w appro v&t sho uiCI ~ sl,.ed b )' the m ayor and c lerk, If tn a county , tnen by tn• crl&l rm.n of th• b OAtel o f county commiutonars •rtd trle cle r k to the bo&rd. If, b Y o ro l nAnce o r ot he r w l ~. the loe&t llc.nslng autho rity Is some o ther o ffi c ia l, then such Appr ov&lshoutd oa gtven by suc:n o ff icial.) NOTICE TO INSU RE THAT YOUR LICE NSE IS ISSU ED O N TIME, IT IS IMPOR TANT T HA T TH IS DO CU MENT , WITH YO UR STATE FE E REMITTANCE , BE AT THE OOLORADO DEPARTMENT OF REVENUE , STATE CA PITOL ANNEX BUILDING, 1375 SHERMAN STREET, DENVER , NO LATER THAN DECEMBE R 1 . I • • • • • • MEMORANDU~1 TO: Mari l yn Irons , Revenue Div i sion FROM: Captain Ron Fraz i e r, Commander Investigations DATE: May 7 , SU BJECT: Annual May I ' 1979 Liquor Out l et Repo rt f or the Per i od 1978 through May I , 1979 for: LORD BYRON'S RESTAURANT 100 1 West Hampden Avenue Requests f o r Po l Ice Assistance Off i ce r Initiated Enforcement Actions Inc i dent of Possib l e Violations Against License 28 0 Divis i on Re above incide nt, a subject c laimed to have been drinking at the Loun ge after hours, however , the comp lainant r ef us ed t o coope rate in the pol ice inv esti gati on to ve rif y s uch acts . There i s no r eason to believe that thi s report wa s fa c tual. I . • ORDINANCE NO . ~3- SERIES OF 1979 BY AUTHORITY • • • COUNCIL BILL N0 .25 INTtDUCED BY ~'l\a __.... AN ORDINANCE APPROVING AGREEMENT BETWEEN THE CITY AND COUNTY OF DENVER, ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS, AND THE CITY OF ENGLEWOOD , COLORADO, KNOWN AS THE "CITY DITCH AGREEMENT", WITH CERTAIN AMENDMENTS . WHEREAS, the City of Englewood, Colorado, and the City and County of De nver have previously entered into an a greement known as the "City Ditch Agreement " relating to the City Ditch on February 6 , 1970; and WHEREAS, said Agreement has been amended August 20 , 1973, December 2 , 1974 and April 17, 1978; and WHEREAS, said Agreement has expired and it is the desire of the City of Englewood and City and County of Denver to renew said Agreement with certain other amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , as follows: Section 1. Except as amended herein , all other terms and conditions of the Agreement of February 6, 1970, as amended August 20, 1973, Decembe r 2 , 1974, and April 17, 1978, shall remain in full force and effect for a term of twenty (20) years from the date of the Agreeme nt. Section 2. The amendments to said agreement generally provide as follows : a. Formulas t o share the operation and maintenance costs of the City Ditch and Highline Canal be revised so that the same basis is used in either ca s e . b. Englewood is to receive the use of the Highline Canal without the expense of condemnationand provisions being made for losses t hrough seepag e . c . Englewood shal l operate and maintain that portion of the City Ditch conveyed so as to continue to maintain carrying capacity adequ ate to deliver ten (10) cubic feet of water per I • - • • • • • second at the Washin gton Park Flume at such time and in such quantities as may be requested by the Denver Wate r Board for the users of the City Ditc h water north of the Harvard Gul ch blowoff until November 1, 1998 . d. Denver Water Board is to pay a proportional share of Englewood 's annual admi nistration, operation and maintenanc e expense for the City Ditch from the Chatfield Dam outlet works t o Harvard Gulch, a distance of approximately twelve miles. Formulas are established to share the cost. 3. Englewood shall be responsible for operating and main- taining the City Ditch from Chatfield Dam outlet works to the Harvard Gulch blowoff . f. All maintenance work by Englewood r e quiring a complete or partial shutoff of the Board 's flow in the City Ditch shall be performed with the utmost expedienc y to minimize wate r losse s. g. Denver Water Board shall co ntinue to be responsible for operating and maintaining the Highline Canal and Englewood shall continue to be responsible for maintaining the Parshall flume on Dad Clark Gulch which measures deliveries from the Highline Canal to McCl e llan Reservoir. h. Provisions are made for maintenance work by the Denver Water Board, either emergency or routine, requiring the complete or partial shutoff of Englewood's flow of water in the Highline Canal. i . Representatives of Englewood and Denver Wate r Board will pe rform an nual joint inspections of the Ci ty Ditch and Highline Canal to d e termine maintenance work required to enable those facilities to continue to deliver rates of flow of water set forth in the agreement. Section 3. That the amended agreement dated , 1979 is attached hereto and made a part hereof as though fully set forth. Section 4. That the City Counci l of the City of Englewood, Colorado , hereby a uthorizes the Mayor of the City of Englewood to subscribe hi s name to said Agreement and amendme nts on behalf of the City Council of the City of Englewood, and that the Director of Finance , ex o fficio City Clerk-Treasurer shall attest the same. -2- • I • - • • • • • Introduced, read in full and passed on first reading on the 7th day of May, 1979 . Published as a Bill for an Ordinance on the 9th day of May, 1979. Read by title and passed on final reading on the 21st day of May, 1979. Published by title as Ordinance No. , Series of 19 79, on the day of May, 1979 . ------ Mayor Attest: ex officio City Clerk-Treasurer I , William D. James, do hereby certify that the abov e 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 1979. ex off~c1o C~ty Clerk -Tre asure r -3- • I • • ORDINA NCE NO . o{ ()... SERI ES OF 1979 BY AUTHORITY • • • COUNCIL BILL N0 .25 INTROD UC ED BY '--11/t;U..<L?o 'b? AN ORD INANCE APPROVIN G AGREEMENT BETWEEN THE CITY AND COUNTY OF DENVER, ACTING BY AND THROUGH ITS BOARD OF WATER COMMIS S IONERS, AND THE CITY OF ENGLEWOOD, COLORADO, KNOWN AS THE "CITY DITCH AGREEMENT", WITH CERTAIN AMENDMENTS . WHEREAS, the Ci t y of Englewood , Colorado , and the City and Co unty of Denver have previously entered into an agreement known as the "City Ditch Agreement" relating to the City Ditch on February 6 , 1970; and WHEREAS , said Agreement has been amended August 20, 1973, December 2, 1974 and April 17 , 1978; and WHEREAS, said Agreement has expired and it is the desir e of the City of Englewood and Ci ty and County of Denver to renew said Ag r eeme nt with certain other amendments . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , as follows: Section 1. Except as amended herein , all other terms and conditions of the Agreement of February 6, 1970, as amended August 20, 1973, December 2, 1974, and April 17, 1978, shall remain in full force a nd effec t for a term of twenty (20) years from the date of the Agreement. Section 2. The amendments to said agreement generally provide as follows: a. Formulas to share the operation and maintenance costs of the City Dit c h a nd Hig hline Canal be revised so that the same b as is is use d in either case. b. Englewood is to receive the use of the Highline Canal without the expense of condemnationand provisions being made for losses through seepage . c . Englewood shall operate and maintain that portion of the City Ditch conveyed so as to continue to maintain carrying capacity adequate to deliver ten (10) cubic feet of water per • I • • • • • second at the Washington Park Flume at such time and in such quantities as may be reque sted by the Denver Water Board for the use rs of the City Ditch wat e r north of the Harvard Gulch blowoff until November 1, 1998 . d . Denver Wate r Board is to pay a proportional share of Englewood's annual administration , operation and maintenance expense for the City Ditch from the Chatfield Dam outlet works to Harvard Gulch, a distance of approximately twelve miles . Formulas are established to share the cost . 3. En glewood shall be responsible for operating and main- taining the City Ditch from Chatfield Dam outlet works to the Harvard Gulch blowoff. f. All maintenance work by Englewood requiring a complete or partial shutoff of the Board's flow in the City Ditch shall be performed with the utmost expediency to minimize water losses . g . Denver Water Board shall continue to be responsible for operating and maintaining the Highline Canal and Englewood shall continue to be responsible for maintaining the Parshall flume on Dad Clark Gulch which measures deliveries from the Highl ine Canal to McClellan Reservoir. h. Provisions are made for maintenance work by the Denver Water Board, either e mergency or routine , requiring the complete or partial shutoff of En g lewood's flow of wate r in the Highline Canal. i . Representatives of Englewood and Denver Water Board will perform annual joint inspections of the City Ditch and Hi ghline Canal to determine maintenance work required to enable those facilities to continue to deliver rates of flow of water set forth in the agreement . Section 3. That the amended agreement dated , 1979 is attached hereto and made a part hereof as though fully set forth. Section 4. That the City Council of the City of Englewood, Colorado , hereby authorizes the Mayor of the City of Englewood to subscribe his name to said Agreement and amendments on behalf of the City Council of the City of Englewood, and that the Director of Finance , ex officio City Clerk-Treasurer shall attest the same. -2- • I • • '· • • • • Introduced, read in full and passed on first readi n g on the 7th day of May, 1979 . Published as a Bill for an Ordinance on the 9th day of Ma y , 1979. Read by title and passed on final r eading on the 21st day of May, 1979 . Published by title as Ordinance No. ______ , Series of 1 9 79, on the day of May, 1979. Mayor Attest: ex officio City Clerk -Treasurer I , William D. James , do hereby ce rtify that the above and fo regoing is a true, accurate and complete copy of the Ordinance passed on final r eading and published by title a s Ordi n ance No. , Series of 1979 . ex off1c1o C1ty Clerk-Tr e asure r -3 - • I • • - • • ORDINANCE NO.~--- SERIES OF 1979 • • • BY AUTHORITY A BILL FOR 1 b COUNCIL BILL NO . 27 n:»ODUCED BY ~Jh ~ AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITIES OF ENGLEWOOD AND LITTLETON, COLORADO, THE LITTLETON FIRE PROTECTION DISTRICT AND CASTLEWOOD FIRE PROTECTION DISTRICT FOR THE PURCHASE OF AN IN'I'EREST BY CASTLEWOOD FIRE PROTECTION DISTRICT IN THE JOINT FIRE TRAININ G FACILITY. WHEREAS, the cities of Littleton and Englewood, Colorado, and Littleton Fire Protection District now own and operate a j oint fire training facility; and \'I'HEREAS, Castlewood Fire Protection District is desirous of purchasing an interest in said joint fire training facilit y . NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section l. That the City of Englewood, Colorado, shall enter into a contract with the City of Littleton, Littleton Fire Protection District and Castlewood Fire Protection District according to the provisions of that certain Agreement, consisting of eight (8) typewritten pages , dated 1979, a copy of which is attached hereto and made a part hereof. Said instrume nt gene r a lly p rovides as follows: 1) That Castlewood Fire Protection District d e s i r e s to become associated with and purchase a one-third (1 /3 ) inte r e st in the existing prope rty and improvements of the fire train ing f aci lity, and i t is mutually intended that Castle wood b e a l lowe d t o p urchase a one-third (1 /3) interest in the four-(4 ) acre pa r ce l of land; 2) That the purchase price to Castl e wood to b e pa i d to the Treasurer of the City of Littleton on behalf of the Administrative Committee which operates the facility the s um of Nine ty-two Thousand Dollars ($92,000), Eighty Thousand Dol l ars ($80 ,000) upon execution of the Agreement, Twelve Thousand Dollars ($1 2 ,000) within one year from the execution of the Agreeme nt; 3) That the parties shall, from time to time, mutuall y a gree to the construction of some improvements and shall mutuall y d e sig nate an archite ct to design said improvements; • I • - • • • • • 4) That the parties contemplate the mutual approval of all plans and specifications for the joint training facility through the committee already established and that the awarding of any bid to a general contractor shall be jointly approved by all parties to the agreement; 5) That the facility is to be operated by a permanent committee known as Joint Training Facility Committee, consisting of six (6) members, two (2) of whom are to appointed by the City Manager of the City of Englewood, two (2) to be appo inted by the Board of Directors of Castlewood, one (l) to be appointed by the City Manager of Littleton, and one (l) to be appointed by the Board of Directors of Littleton Fire Protection District. The purpose of the Committee is to provide administrative direction for all operations of the facility, including construction of improvements; 6) That the use of the facility shall be limited to the parties hereto and to the parties that the Committee may authorize, i.e., bona fide fire departments, law enforc e ment agencies, rescue and other emergency units; 7) That the Agreement shall only be terminated or amended with the approval of all the parties hereto. Section 2. That the City Council of the City of Englewood, Colorado, hereby authorizes the Mayor of the City of Englewood, Colorado, to subscribe his name to said Agreement and to execute all proper deeds and instruments necessary to effectuate the purposes of the Agreement on behalf of City Council of the City of Englewood, Co lorado, and that the Director of Finance, ex officio City Clerk- Treasurer, shall attest the same. Introduced , read in full and passed on first reading on the day of May, 1979. Published as a Bill for an Ordinance on the ______ day of May, 1979. Mayor Attest : ex offic~o City Clerk-Treasurer -2- • I • - • • • • • I, William D. James, do 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 day of May, 1979. ex off1cio City Clerk-Treasurer -3- • I • • - ) I t .. ,. • • • • • AGRECME'IT THIS AGREEMENT, made and entered i nto this _____ day of -----------------------· 1979, by and between the City of Littleton , Colorado (hereina fter "Littleton"), a municipal corporation of the State of Colorado; the City o f Englewood, Colorado (herein- after "Englewood"), a municipal corporation of the State of Colorado ; the Littleton Fire Protection Dis tr ict (here i nafter "Lit tle t on District''), a fire protection d istrict organized pursuant t o the laws of the S tate of Colorado ; and the Caatlewood Fire Prote c tion District (her e ina fter "Castlewood"), a fire pro t ect ion district organized pursuant to the laws of the State of Colorado, WITNESSETH : WHEREAS, both Littleton and En glewood are Home Rule Cities operetin& under Charters pursuant to Article XX of the Cons ti tu- tion of the State of Colorado; and, WHEREAS, Littleton, Englewood, and the Littleton District, by a prior agreement dated August 18, 1975, established and constructed a joint fire training facility , which property ia nov under the joint con trol of said three part i es ; and, WHEREAS, it is deemed by the parties to this Agreement to be in their best interests for Cas t lewood t o purcha s e an interest i n and participate i n the joint control of such j oint fire training facility; and, WHEP£AS, it is agreed t hat the parties hereto other than Castlewood have previous ly expended sums in the approximate amount of $184,000.00 for construction and improvements at said facility; and, W1 EREA S, the parties hereto have agreed to construct future improvements to the facility and to operate the same on the terms and prov isions hereinafter set forthi and, \o/HERIA S, it is the i ntention of the par ties herHo that none shal l be a customer of the others, but rather this facility and • .... ' I • - :, 1 " ~ ) ,·, / 1 11 1 ···\ ' I ,, I I ; !~ ,.. ~ ,, ' ~ ' \\ ~-• l ~. I • "' • • • • • all future improvements <ltall be constructed and o perated with construction co s ts, costs of add i tions, and c ost s o f o peration and maintenance being divided among them in a fair a nd equitable mann er as set forth hereinafter with greater spec ificity; and, WHEREAS, this Agreement is made to further the purposes of the public health, safety and welfare of the citizena of Littleton, Englewood, and the Littleton District, and Castlewood, NOW, THEREFORE, IT IS MUTUALLY CO VE:IA;ITE!l .AND AGREED AS FOLLOWS: 1. FACILITIES A. The joint facilities shall hereafter be known as the Englewood-Littleton-Castlewood Fire Training Center, and are located on a four (4) acre parcel of land divided into two tracts, Littleton and Englewood each owning &D undivided one-half (\) interest therein, aaid parcel situ- ate in the City of Englewood , County of Arapahoe, State of Colorado, and described aa follows : Commencing at the SW corner of Section 9, Township 5 south, Range 68 West of the 6th P.M., theuce north o• 03' 04" east along the West line of aaid Sectioa 9 for a distance of 594 feet , thence north 89" 48' 58" east parallel with the aouth line of said Section 9 for a distance of 565 .9 feet, thence north o· 03'04" east parallel with the west line of said Section 9, for a distance of 923 .17 feet to the true point of beginning; said courae being contiguoua to the west line of 20 foot road dedicated in Book 234 Page 36 Arapahoe: County re cords. thence north o• 03' 04" east 283 .43 feet, thence north 27" 07' 45" eaat 238 .2 feet, thence north o· 14' 50" west 266 .41 feet, thence south 12" 55' 19" west 53 .39 feet along proposed channel fo r Big Dry Creek , thence north 77" 04' 41" west 150 .0 feet, along the south l in e of said Big Dry Creek Ch annel, thence s outh 12" 55' 19" west 347 .80 feet, along east line of the propos ed Platte River Channel, thence along a curve to the right for a distance o f 43 3 .20 f eet , said curve having a Central angle of 15" 29' 23", a radius of 1602 .4 feet and a chor d of 431 .88 feet, thence sout h 89" 56' 5~' for a distance of 280 .62 feet, to the point of beginning . Con t ain ing 3 .320 acres of land . Comm encing a t th.e SW cornt!r of Sect ion 9, t ownsh i p 5 so ut h. Range 68 West of the 6th P .:1., thence north 0" 03' 04" e a st along the west lint! of said Section 9 for a di stance of 594 fet!t o thence north 89" 4S' 58" east parallel with the south l i ne of said Sec t ion 9 for a di s tance of 565 .9 feet, thence n orth o• 03' 04" east (2) • ,.J. , . •.. I ~~ .. .:~., .• : bt-; ~~ .. I to 0 ,, 0 ~~•:"'Jr '· I • ,I" . - • ' / J I I' ·' ·. ~· J I I ( I ~ I -. ; ~~,~; • • • parallel with the west line of said Section 9 for a dist a nce of 1206.6 f eet, said course be ing contiguous to the west line of 20 feet road dedicated in Book 234 Page 36 Arapa hoe County records. thence north 27 " 07' 45" east 238 .2 feet, thence north o· 14 ' 50" we s t 314 .28 feet to the true point of be ginning, thence north o• 14' sa· west 293.72 feet, thence 89" 56' 56" west 75 .03 feet, thence southwesterly alon~ east line of the proposed South Platte River Channel on a curve to th e right for a distance of 29.31 feet, said curve having a central angle of 3• 47' 32", a radius of 442 .84 feet and a cho rd of 29.30 feet, thence south 12" 55' 19" west along said east line of river channel for a d i stance of 240 .0 feet, thence south 77" 04' 41" east along north line of proposed Big Dry Creek Channel for a distance of 139.09 feet to the point of beginning . Containing 29,624 .67 square fe~t or 0.680 acres of land, also known as numbered as 2301 West Chenango Avenue, Littleton, Colorado 80120. B. Englewood and Littleton agree that they will make such conveyances as shall result in the title to the above- described real property being in the names of Englewood, Littleton, and Castlewood, each having an undivided one- third (1/3) interest, which property is to be held by said three pertiea for perpetual use as a training facility . C. Said property shall be under the joint control of Littleton, Englewood, the Littleton Diatrict, and Castle- wood, and the use shall not be changed without the consent of all partiea to this Agreement. Should the facility cease to function as a training center for fire prevention and protection, the City Councils of Englewood and Littleton and the Bo~rda of Directors of the Littleton District and Castlewood shall thereafter be free to dispos e of the structures and real property as they shall see fit. 11 . CASTLEWOOD PURCHASE PRICE Ca s tlewood shall pay to the treasurer of the City of Littleton on behalf of the commit tee the sum .o f ninety-two thousand ($92,000 .00) d oll ars. in consideration of the interest in the property to be conveyed ·and the rights t o the fa ci lity herein. acquired, which sum sha ll be payable as foll ows : F.ighty Thousand ($80,000 .00) immediately upon exe cut ion of thi s Agreement, and (3) '· . '•"'· '? .1.·' \--~-' ,. ": ,_. ~-.. !~ .. ~ ) I''.. "··· \;.). . ,~..... . , .. !•'·', •:·: .. I • • ··~ I .I / I l ·1 .,I 0 ;1 "'). . ' :· ,. • I • • • • Twelve Thousand ($12 ,000 .00) within one year from the date of execution hereof . III . CONSTRUCTION OF FIIT UR£ IMPROVEMENT S A. The parties he reto shal l , from time t o time, mutually designate an architect to design imp rovements to the fire training facility utilizing the assistance of recommendations by the Join t Training Facility Committee. .. The sum paid by Castlewood ahall be deposited in a apecial account known as the District-Engl ewood-Littleton account at the Littleton National Bank . Disbursements from said account sha ll be made in acc ordance with this Agreement by the signatures of the Treasurer and City Manager of Littleton and an annual aud it of this account ahall be made as part of Littleton's annual audit . C. After the preparation of the final plans and apecificationa for any improvement• to said facility, and after approval of the sama by the Fire Chiefa of Englewood, Littleton, and Castlewood, and the Joint Training Facility r.nm.ttt .. , t~ architect shall submit aaid plana and apeci• ficationa to bid under procedure• required for public projects . D. The award of any bid to a general contractor ahall be after the joint approval of all parties to this Agreement. E . After the award of the bid to a general contractor, aa provided in Paragraph D above, it ia agreed that tbe first $92,000 .00 in c oat s for any improvement• shall be paid from the sum paid by Castlewood under Paragraph II hereof, and from any sums held for the Committee for purposes o f construction. It is further agreed that any excess of cost over said sums for the design and c onstruct i on of any improvements sha ll be paid for by the parties on the following pro rata basis: Englewood Castlewood Littleton Littleton Di strict (4) 33 1/37. 33 l/34 16 2/34 16 2/34 • I • • : ...... ' .. , .. '" ~· '!"; . . , . j ., .... t I I .I ~· ) I ( • • • • F. No future improvements shall be undertaken on the above-described property without the joint authorization of all parties hereto . IV OPERATION OF FACILITY A. A permanent committee to be known as the Joint Train i ng Facility Commi ttee (hereinafter "Commi t tee"), is hereby established . The committee shall be composed of six (6) people, two (l) shall be appointed by the City Manager of Englewood, two (2) s hall be appointed by the Board of Directors of Castlewood, o~e (l) shall be a ~po i n t ed by the City ~tanag er of Littleton, and on" (1) s hall be appointed by the Board of Directors of the Lit tleton District . All of said appointments shall be made within thirty (30) daya from the date of this Agreement and written notice of said appointments shall be given by each party to all other partieo hereto . I. The purpose of the Committee shall be to provide administrative direction for all operations of the joint training facility and attendant matters, including construc- tion of improvements. r . Decisions of the Committee shall be made by a majority vote . In the event that a majority vote cannot be arrived at on any matters within the scope of their authority, then, and in that event, a seventh member of the Committee shall be appointed for the purpose of reaching a determination of that issue on ly . The s e venth member shall be an individual l<7h ose identity is agreed upon by all of the parties hereto, or, in the absence of such agreement. the seventh mem ber shall be appointed by the pre siding Judge of the Eighteenth Judicia l District of the State of Colorado , and as seventh member so appointed shall be one ~ho is e xp erien ced in the fie l d of fire prevention and fir e fighting techn i ques . (5) • -. I ~,1 ., .... I I U 'flllt 1-• , ... ~, . ·. ~·~. . . :-.-."}, I' f J : ~,~; .. ,, . ., .. ~ . . ... J ·' , .... ,. ,.-4· \~ . ' . , ~. ,, ' ... ... ,. .. ,. ,; ,. ~· '· ... I • • - . I 0 • I ( • • • • D. All appointees made und er Paragraph A above, s hall serve at the pleasure of the appointing authority and any va cancy occurr ing on s aid Committee for any reas on s h a ll be fille d within thirty (30) days by said app ointing authority wit h notic e of said new appoi ~tmen t be ing given aa requ ired a bove . E . The Committee may adopt s u ch rules of procedure that they deem advisab l e . F . The Comm it tee shall establish all necessary rules and r egulations concerning the op eration and us e of said training fac ili ty . G. The Committee shall establish a rental schedule for use of the training fac ility by outside parties . B. The Committ ee, on or befor e June lst of each year, ohall prepare and submit a budget for the operation and maintenance of the traini ng facility for the following year to each of the parties hereto, an amount totaling the full amount of said budg et shall be depos ited in the account aet forth under Pa ragraph II B above on the following pro rata baaia on or before Januraty 15th of the following y ear , to wit : Eng l ewo od Ca stlewood Littleton Li ttl eton District 33 l/3't 33 l/3't 16 213't 16 2/3% Pa )~ents from said a ccount shall be made by the signature of the Littleton Tre asur er and Ci ty Hana ger and all payments shal l be in accordanc e with the approved budge t . I . Any su pplemen t al appr opriation to the approved budget shal l be jointly approved and ?aid in accordance with Paragraph H abov e . J . Normal operation and maintenance costs shall incl ude those ut i lity costs incidental to the operation of said facility, together with that insurance necessary to adequately cover said facility. (6) • (,1 \ '1·. • . ' •l . . ...... ···. -' . I ':~ i ..... , \' :... . •' .. ,. ·.~ I f . r ··I' I I I' r ·, ~ ..... I • • . .,-~ .. \ r l c I l I .. t i ' -·....,;, ' .... .. 0 ) ... / • I ( • • • • V. USE OF FACIL IT IES A . Th e use of t he tra i ning fac i lit i es shall be limited t o the parties h ereto and s hall , at the pleasure o f the Commi t tee. be mad e availabl e fo r other recog nized bona fide fire department s . l aw enforcement agencies, rescue and other emer gency units. Re ntal of said facilities to other agencies shal l be at a r ate determined by the Committee and provi ded fo r in Pa rag raph IV G above . Those rentala received for use fo r said facilities shal l be deposite d in the account: e stablished und er III B above and cre dited to the parties to this Agreement as follows : Englewood Castlewood Lit tleton Littleton District 33 l/3't 33 l/37. 16 2137. 16 2/37. B . Should the training fa o.ili ty be damaged or des troyed while used by any party to this Ag reement or other renting a gency and as a result of said uae, it shall be the responsibility of that agency to pay for any and all dama g e& done to the s e facilities should said damage not be cover ed by any insurance . C . llo party to this Ag r eemen t s h a ll assign any rights hereunder without the c onsent of the other parties. All of the terms and provisions hereof shall be binding upon and inure to the benefit of the parti es hereto. their successors and a -;signs . VI . T:':RHINATlON Th is Agr eement may only be terminated or amended up on the joint approv al of all the parties hereto . EXECUTED IN Arapahoe County, Colorado, this _______ day of -------· 1979 . ATTEST : CITY OF LI TT LE TON Bv · "P"'r"'e""s"'t-d"'e-n"'t___,o..,f.....,C"'t"'t"'y.,....,C"'o"u"'n=-c=-rrr.----crcy-c:T'er A0 PROVED AS TO FRO:!: I"T TY A'ITOI!'IT:Y (7) ... ~-I • • " . ;·. ... I c • ' ; I U ' c '·. ' . ATTEST : r!lty Cierk APPROVED AS TO FRO M: City At t or n ey ATTEST : Secretary APPROVED AS TO FROM : Attorney ATTEST Cerald L. Heyer, Secretary APPROVED AS TO FROM : Attorney • • • CITY OF ENG LEWOOD By ~Ra~y~o~r~------------------ LI TT LE TON FI RE PROTECTI ON DISTRICT By~Pr~e~S~l~dr.e~n•t---------------- CASTLEWOOD FIRE PROTECTION DISTRICT By~~~~;r.~-,~~~~-Rartln D. Baum, Prea1dent (8 ) • ~ \ ~· \ " I • t . ., -'~ I • • ( ( • ORD INANCE NO. SE RIES OF 197~9----- • • • BY AUTHORITY A BILL FOR '1 b COUNCIL BILL NO. 27 IN~RqDUCE2 BY JA L cl_Q I t£h.. I AN ORD INANCE APPROVING AN AGREEMENT BETWEEN THE CITIES OF ENGLEWOOD AND LITTLETON, COLORADO, THE LITTLETON FIRE PROTECTION DISTRICT AND CASTLEWOOD FIRE PROT ECTION DISTRICT FOR THE PURCHASE OF AN INTEREST BY CA STLEWOOD FIRE PROTECTION DISTRICT IN THE JOINT F IRE TRAININ G FACI LITY. WHEREAS, the cities of Littleton and Englewood, Colorado, and Littleton Fire Protection District now own and ope rate a joint fire training facility; and WHEREAS, Castlewood Fire Protection District is desirous of purchasing an interest in said joint fire training fa cility. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, CO LORADO, as follows: Section 1. That the City of Englewood, Colorado, shall enter into a contract with the City of Littleton, Little ton Fire Protection District and Castlewood Fire Protection District according to the provisions of that certain Agreement, consisting of eight (8) typewritten pages, dated 1979, a copy of which is attached hereto and made a pa rt her e of. Said instrume nt gene r ally prov ides as follows: 1) That Castlewood Fire Protection District d e sires to become associated with and purchase a one-third (1/3) interest in the ex isting property and improvements of the fire tra i n ing facility , and it is mut ua lly i ntended that Castle wood b e allowed to purcha se a one-third (1/3 ) interest in the four-(4) acre parcel of land; 2) That the purchase price to Castlewood to b e paid to the Treasurer of the City of Little ton on behalf of the Adminis trative Committee which operates the facility the s um of Ninety-two Thousand Dollars ($92,000), Eighty Thousand Dollars ($80 ,000) upon exec ution of the Ag reement, Tw e lve Thousand Do llars ($12,000 ) within one year from the execution of the Agre ement ; 3) That the parties shall, from time to time, mutuall y agree to the construction of some improvements and shall mutually designate an architect to design said improvements; • I • • - • ( • • • • 4) That the parties contemplate the mutual approval of all plans and specifications for the joint training fa c il ity through the committee already established and that the awarding of any bid to a general contractor shall be jointly approved b y all parties to the agreement; 5) That the facility is to be operated by a permanent committee known as Joint Training Facility Committee, consisting of six (6) members, two (2) of whom are to appointed by the City Manager of the City of Englewood, two (2) to be appointed by the Board of Directors of Castlewood, one (1) to be appointed by the City Manager of Littleton, and one (1) to be appointed by the Board of Directors of Lit tleton Fire Protection District. Th e purpose of the Committee is to provide administrative direction for all operations of the facility, including cons truction of improvements; 6) That the use of the facility shall be limited to the parties hereto and to the parties that the Committee may authorize, i.e., bona fide fire departments, law enforcement agencies, rescue and other emergency units; 7) That the Agreement shall only be terminated or amended with the approval of all the parties hereto. Section 2. That the City Council of the City of Englewood, Colorado, hereby authorizes the Mayor of the City of Englewood, Colorado, to subscribe his name to said Agreement and to execute all proper deeds and instruments necessary to effectuate the purposes of the Agreement on behalf of City Council of the City of Englewood, Colorado, and that the Di~ector of Finance, ex officio City Clerk-Treasurer, shall attest the same. Introduced, read in full and passed on first reading on the day of May, 1979. Published as a Bill for an Ordinance on the ______ day of May, 1979. Mayor Attest: ex officio City Clerk-Treasurer -2- • I • - • ( • • • • I, William D. James , do h e reby ce rti fy t h a t the above and foregoing is a true, accurate and c ompl e t e copy of a Bill fo r an Ordinance, introduced, read in full and p as sed on first read i ng on the day of May , 1979. ex officio City Clerk Tre asure r -3- • I • '· I • . 1*. /'i,;: J I • • • • • AGREI:HE'IT THIS AGREEMEN T, made and entered int o thia _____ day of -----------------------• 1979, by and between the City of Little ton, Colorado (hereinafter "Little t on"), a municipa l corporation of the State of Colorado; the City o f Englewood, Co lorado (her ein- after "Englewood"), a municipal corporation of the State of Colorado; the Littleton Fire Protection District (hereinafter "Littleton District"), a fire protect ion district organ ized pursuant to the laws of the S tate of Colorado; and the Castlewood Fire Protection District (hereinafter "Castlewood"), a fire pro t ection d is trict organized pursuant to the laws of the State of Colorado, WITNESSETH: WHEREAS, both Littleton and Englewood are Home Rule Citiea operating under Charters purauant to Article XX of the Constitu- tion of the State of Colorado; and, WHEREAS, Littleton, Englewood, and the Littleton District, by a prior agreement dated August 18, 1975 , established and conatructed a joint fire training facility, which property ia now under the joint control of said three partiea; and, WHEREAS, it is deemed by the partiea to this Agreement to be in their best interesta for Castlewood to purchase an interest in and participate in the joint con tro l of such joint f ire training fa cility; and, WHEP£AS, it is agreed that the parties hereto other than Castlewood have previously expended sums in the approximate amount of $184,000.00 for construction and improvemen ts at said facility; and, ~~E REAS, the parties hereto have agreed to construct future improv e ments to the facility and to operate the same on the te rms and prov is ions hereinafter set f or th; and, lmERCAS, it is t he in te nt ion of the par tie s here to that none shall be a cu s tomer of the others, but rather this facility and ,. ('' ~- •'f' ~ ',. ... I • / ' I ~ • •• . J ·. . I ,, ·1 ~ . \ t . ! "' I • • ' ' • • • all future improvement s •ltall be constructed and operated with construction costs. costs of a dditions. and costs o f o pera t ion a n d maintenance being div id ed a~ong them in a fair a nd equ itab le ma nner aa set for t h he reina f ter with greater spec ificity ; and, ~IEREAS, th is Agre eme nt i s made t o further the purposes of the publ ic health, saf ety and we lfare of the citizena of Littleton, Englewood, and the Littleton District, and Castlewood, NOW, THEREFORE, IT IS MUTUALLY CO\TE :JA;ITED .A!m AGREED AS FOLLOWS : I. FACILITIES A. The joint facilities shall hereafter be known aa the Englewood -Lit tleton-Castlewood Fire Training Center, and are located on a four (4 ) acre parcel of land divided into two tracts, Littleton and Englewood each owning &D undivided one-half (\) intereat therein, aaid parcel aitu- ata in the City of Englewood, County o f Arapahoe, State of Colorado, and deacribed as followa : Co mmencing at the SW corner of Section 9, Township 5 aouth, Range 68 Weat of the 6th P .M., thence north o• 03' 04" east along the West line of said Section 9 for a distance of 594 feet , thence north 89" 48' 58" east parallel with the south line of said Section 9 for a distance of 565 .9 feet , thence north o• 03'04" east parallel with the west line o f said Section 9, for a distance of 923.17 feet to the true point of be ginning; said course being contiguoua to the west line of 20 foot road dedicated in Book 234 Page l6 Arapahoe Coun ty re c ords, thence north o• 03' 04" t!ast 283 .43 feet, thence north 27" 07' 45 " east 238 .2 feet, thence north o· 14' 50" west 266.41 feet, thence south 12 " 55' 19" west 53 .39 feet along proposed channel for Big Dry Creek, thence north 77" 04' 41" west 150 .0 feet, along the south l i ne of said Big Dry Creek Chann el, thence s outh 12 " 55' 19" west 347 .80 fee t, al ong east line of the proposed Platte River Chann el, thence along a curve to the right for a distance o f 4 33 .20 f eet. said curve having a Ce ntral angle of 15 " 29' 23", a radius of 1602.4 feet and a chord of '•31 . 88 fe et, thence south 89" 56' 56" for a distance of 280 .62 feet, to the point of be ~i nning . Containing 3.320 a cres of land . Commencing at th'e SW corner of Section 9 , township 5 sou th, Ran g e 68 West of the 6th P .~., thence north o• 03' 04" cast along the west line o f sa i d Section 9 for a distan c e of 594 feet, then c e north 89" 4S' 58" east parallel wi th th e south line of said Sec t ion 9 fo r a di s t an c e of 565 .9 feet , then c e n o r t h 0" 03' 04" eas t (2) I • • - I / I ··, \' .i' : .. . ~l! f . ' ... -.:, .. '• ··~· '' . ' J I / ,, • • • • parall e l with the we st line of said Section 9 fo r a dist a n ce o f 120 6 .6 fee t , said cou rs e be ing contiguous to t he west l i ne of 2 0 f eet r oad dedicated i n Book 234 Page 36 Ar apahoe County recor ds, then c e n or th 27 " 07 ' 4 5" eas t 233.2 f eet, t h e n ce n orth o· 14 ' 50 " we s t 314 .28 f eet to t he true po i nt o f b eginning, t hence north o· 14 ' 50 " west 293 .72 fe et, t hen ce 89 " 56' 56" west 7 5 .0 3 f eet , thence s outhwest er ly alonn east l i ne o f the prop os ed S outh P la t t e Riv~r Ch a nnel on a c urve to t he right for a distanc e o f 29 .31 feet , said curve having a central an g le o f 3 • 47' 3 2", a radius o f 44 2.84 feet and a chord of 2 9 .30 f eet, thence sou th 12" 55' 19" west along sa i d east l i ne of river channel for a d i stance of 240 .0 feet, thence south 77" 04' 41" east a long north line of p rop os ed Big Dry Creek Channel for a distance of 139 .09 feet to the point of beginning . Containing 29 ,624 .67 square fe~t or 0 .680 acres of land , also known as numbered as 2301 West Chena ngo Avenue, Littleton, Col orado 8 0 120. B. Englewood and Littleton agree that they will make such conveyan c es as shall result in the title to the above- described real property being in the names of Englewood, Littleton, and Castlewood, each having an und i vided one- third (l/3) interest, which property is to be held by said three parties for perpetual use as a traini ng facility . C. Said property shall be under the joint control of Littleton, Englewood, the Littleton Di&trict, and Castle- wood, and the use shall not be changed with out the consent of all parties to this Agreement. Should the facility cease to function as a training center for fire prevention and protect i on, the City Councils of Engle14oo d and Littleton and the Bo~rds of Di rectors of the Littleton District and Castlewood shall thereafter be free to d is p os e of the structures and real property as they s~all see fit . II . CA STLEWOOD PURCHA SE PRI CE Ca s tlewood s h a ll pay t o the treas urer of t he City of Littleton on behalf of the comm i ttee the sum o f n i n e t y-two thousand ($9 2 ,000 .00) d ollar s , i n consid era tion of t he intere s t i n the property to be conveyed ·and the righ ts t o t he facility h ere i n . acquired , which s um shall b e payable as fo llows : f.i ght y Thousand ($80 ,000 .00) immediatel y u p on exe c ution o f t h i s Ag re em ent, a n d (3) • .. I ,. I I 'i' .. ~ ~· ~·. 1\•,' \l ·~ .:: ..... I • • - .;_: ••• . ~: • . I I • • • Tw e l ve Tho u sand ($12 ,00 0 .00) within on e ye ar f r om the dat e of execut i on he r e of . II I. CO:-ISTRUCTIO N OF FUTURE IMPROVEl-!E NTS A. The part i e s hereto s h a ll, f rom time to t i me, mu t ually designa t e an arch ite c t t o design imp rovements to the fire traini ng fac i l ity ut i l i z i ng t he a ssis t a nce of recommendations by the Joint Tr aining Facility Committee . B . The sum pa i d by Ca stlewood shall be deposited in a special account known as the District-Englewood-Littleton account at t he Littleton National Bank . Disbursements from said account shall be made in accordance with this Agreement by the signatures of the Treasurer and City Manager of Li t tl eton and an a nn ua l audit of th i s account shall be made as part of Li ttleton's annual audit. C. After the preparation of the final plans and specifications for any improvements to said facility, and after approval of the same by the Fire Chiefs of Englewood, Littleton, and Castlewood, and the Joint Training Facility r.~tt .. , tba architect shall submit said plana and speci- fications to bid under procedures required for public projects . D. The award of any bid to a general contractor shall ba after the joint approval of all parties to this Agreement. E . After the award of the bid to a general contractor, as prov i ded in Paragraph D above, it ia agreed that the f irst $92 ,000 .00 i n coats for any improvements shall be pa i d from the sum paid by Castlewood under Paragraph II h ereof, and f r om any s ums held f o r the Committee for purpos es of c onstr uction . It i s further a g reed tha t any excess of co st over s a i d sums f or t he d e sign and c onstruc tion of any improvements shal l be paid for b y t he p arties on t he f o l l owing pro ra t a basis : Engle woo d Castlewood Littleton Littleton District (4 ) 33 1/37. 3 3 1/37. 16 2/37. 16 2/3'1. • 1.1 ~· !." .. :Jo.~·· t ,.J·,..._ :fL \ f ' , .. I f:· \ ' ~4.~~~ .~-. '. . I • ~\· # , I : !\~. I • • I 7--:. ·, ~ J ~,I )A : ·.:' l I I ·I ~· ) • • • • F . lo futur~ !~prov em~nts shall b~ und~rt a k ~n on th~ abovc-descri ed p r o erty wit hout th join autho rization of all part ~e• hereto IV OPERATION OF FACILITY A. A p~rman e nt committee to be known a• t he Joint Tra ining Facility Committ e e (he reinafter "Co111111itt ee"), is hereby est ablished . The committ~~ shall be compos ed of six (6) people, two (2) s hall be appointed by the City Manager of Englewood, two (2) s hall be app oin ted by the Board of Directors o f Ca st lewood, o~e (1) s hall be a ~pointe d by the City :-lana g er of Littleton, and on" (1) s hall be appointed by the Board of Di re cto rs of the Lit t leton District . All of sa i d appo i ntments shall be made with in thirty (30) days from the date of this Agreement and written notice of said appo intments shall be given by each party to all other partiee h~reto . I. The purpose of the Committee shall be to provide adminietrative direction for all operations of the joint training facility and attendant matters, including construc- tion of improvements. C . Dec isions of the Committee shall be made by a majority vote. In the event that a majority vote cannot be arrived at on any matters within the scope of their authority, then, and in that event, a seventh member of the Committee shall be ap pointed for the purpos e of reaching a determina tion of that issue only. The seventh member shall be an individual >1i10se identity is agreed upon by all of the parties hereto, or , in t he absence o f such agreement, th e seventh member shall be appointed by t he presiding Judge of the Eighteenth Judicial District of t he State of Colorado, and as seventh me mb er so appointed shall be one \o.•ho is experi en ced i n t he field of fire pr ev ention a nd fir e fighti ng techniques . (51 • ,. ,,.J .. ~ . '~ . ~. ; .. ' . " .,. .. '· I • r I . ·~ ,. •'',._ ' I .. J ''·l ·/.· ~-" • • • • D. All appointe e s made un d er Paragraph A above, s hall serve at the plea sure of the appointing author i ty and any vacancy occurring on said Conwittee for any r~ason sha ll be fille d within thirty (30 ) days by said appointing authority with notice of said new appoi n tme nt be ing given aa re qui r ed above . E . The Commit te e may adopt such rules of p r ocedure t hat they deem advisable. F . The Committee shall establish all necessary rules and re gul ations concerning the operation and use of said training facili ty . G. The Commi t te e shall e stablish a rental schedule for uae of the training fac ili ty by outside partiea . H. The Committee, on or before June lst of each year, ahall prepare and submit a budget for the operation and maintenance of the training facil ity for the following year to each of the parties hereto, an amount totaling the full amount of said budget shall be deposited in the account set forth under Paragraph II B above on the following pro rata basia on or before Januraty 15th of the following y ear, to wit : Englewood Castlewood Littleton Li tt le ton District 33 1/J't 33 l/3'1. 16 2/37. 16 2/3'7. Pa )~ents from said account shall be made by the signature o f the Li ttleton Trea surer a nd City Hanager and all payments shal l be in accordance with the approved budget . I. Any supplemental appropriation to the approved budget s hall be joi ntly approved a nd ?a id in accordanc e with Paragra ph II ab ove . J . Normal o peration and ma intenance costs shall incl ude t ho se u i l i ty co s t s inc idental to the operation of s a i d fa ci lity , tozet her with tha t insuranc e necess ary t o a d equately cov er s aid facil i t y . (6) • I , l,' ~ !· . •' , .. .. I ·.~ I ~ , r •.1' • ''\ ~·· I • ) I ~ ... •. ·' J / I • f • • • V. USE OF FACILITIE S A. The use of the training facilit i es shall be limited to the parties her eto and shall, at the pleasure of the Committee, be made available for other recognized bona fide f~re departments, law enforcement ag encies, rescue and other emergency units . Rental of said faci lities to other agencies shal l be at a rate determined by the Committee and provided for in Paragraph IV G above. Those rentala received for use for sa id facilities s hall be deposited in the account established under III B above and cred i ted to the parties to this Agreement as follows : Englewood Castlewood Littleton Littleton District 33 l/3'%. 33 1/3'7. 16 2/3'7. 16 2/37. B . Should the training fa o. ility be damaged or destroyed while used by any party to this Agr eement or other renting a gency and as a result of said use, it shall be the responsibility of that agency to pay for any and all damagea done to these facilities should said damage not be covered by any insurance . C. No party to this Agreement shall assign any rights hereunder without the consent of the other parties. All of the terms and provi sions hereof shall be binding upon and inure to the benefit of the parties hereto, their successor s and a-ss igns. VI. T:::RJHNATION This Agre eme nt ma y only be terminated or a mended up on the joint approval of all the parties hereto . EXECUTED IN Arapahoe County, Colorad o, this day of --------· 1979 .' AT TE ST : C1ty Cl erk A0 PROVED AS TO FRO :!: rTTY AiiOR 'I r.Y CITY OF LITTLETON Bv ··P~r~e~s~,~a~e~n~t~o~f~C~t~ty~C~o~u~n~cT>Tl---- (7) ( \ ·, I •,' I I • - ATTEST : City Clerk APPROVED AS TO FRO M: cl ty X t torney ATTEST : S"ecretary APPROVED AS TO FROM : f I Attorney ATTEST Gerald L. Meyer, Secretary APPROVED AS TO FROM : Attorney • • . . • • • • CITY OF ENGLEWOOD By~~~-----------------R&yor LITTLETON FIRE PROTECTION DISTRICT BywP-r-es-~~a~e~n~t---------------- CASTLEWOOD FIRE PROTECTION DISTRICT By~~~w-~~~~~,-~-Rirtln D. Baum, Prealdent (8) • ,l i "'\ ~-\;· ,., I• . I' I . '{ . • J ' : ... I" ., ~· t,. t ·! ... ... ::. I • • .. ~·)~JJ ~-~-~f I .. , .f I • • • • • IN THE SUPREME COURT OF THE STATE OF COLORADO No. 79S C8 4 April HERMAS OLJNER, BESS OLINER , A\0 ROBERT OLJ~ER, Pe titioners, \'. C JT Y OF Er\GL EIIOOD , COLO RADO, A Muni ci pal Corpo r a t io n, Re s pondent . Term.l9 79 CERT IORARI TO THE COURT OF APPEALS No. 78 -803 ON PETITION FOR WRIT OF CERTIORARI to the Court of Appe&la. After reYiew of the record, t ... briefa and the opinioD of the Court of Appeala, JT IS ORDERED by thia court that Mid petition be, end the IIAme hereby u , denietl. APR I L Z3 ,197 9 xc : ~lac Danfo rd, Cl er k Court of App eals Leonard H. Wald buam , Es q . Doug la s B. Koff, Esq. HOBBS AND WALDB A U~I, P . C. 18 10 Seucrity Life Building Denver , CO 80"02 Rick Deldt t, Esq. Assis tant Cit y At tor ney 3400 Sou th Elati Englewood , CO 80110 By the Supr...,• Court Sitting ED Bane Supreme Court • State of Colorado C«tiflld tD t e t fuU tn»t"~dntttcffiiPt' :··~:'( :: j197 9 DAVI D Vi . B REZ~IN A . S I ey -~r / ./o ~<.{jn/l-Court o·~-c~ '"' s..p.,• ea / 0 1noo>y Cl••< jl I • / \ I • ' . • • • COLORADO COURT OF APPEALS NO. 78-BOl HERNAN OLINER, BESS OLINER, and ROBERT OLINER, Plaintiffs-Appellants, v CITY OF ENGLEWOOD, COLORADO, a Municipal Corporation, De f endan t-Appellee. Appeal from the District Court of Arapahoe County Honorable Richard D. Greene, Judge. DIVISION I Opinion by JUDGE COYTE Pierce and Kelly, JJ., concur. Bobba and Waldbaum, P.C. Leonard N. Waldbaum Douglas B. Jtoff Denver, Colorado JUDGMENT AFFIRMED Attorney s for Plaintiffs-Appellants Bernard V. Bera rdini, City Attorney Rick DeWitt, Ass i stant City Attorney Englewood, Colo~ado Attorneys for Defendant-Appellee COU:n' Oi' i-.PI""..ALS ·~;:. / S'L'\';:Ii: OF CQLOBi<DO _'• ~: .. ·~ ... C;llnicll r.·::i ,~ .. a~:-::' on the !Oct... . \ ~:::., .... -· # ,0!J_ ... . . :..·· ' .. ,.,..,--· .. 'I . , . "t • ...,.~~ ... ~ ·-·~ 1 i:l •• :t ~ -~~: ... ~-' I ;.··: . ; I ~-·' 'l ~ /,.. '1 .lt.j.~ . . ":"~· ... c~if. I • -- • • • • Plaintlffa aouaht to hav. their leaae and opti on agreeaent with the City of Etlg1....,od declared void on the ground& that the option provision violated the rule againat perpetuities. From an ~dve r se Sucmdry j u dgment p l ainti ffs a ?p ea l . ~a ~ we af~irm . Paragraph 8 of tha leaae agre_,t entered into on .June 16, 1969, provided : "From and after ~eh 1, 1990, Leasee shall, at its exeluaive option, have the ri ght to pureh ... the property deaeribed in this Lease at a priee of $2.50 r,er aquare foot aa ahown by the attaehed aurvey.' Plaintiff& eontend that thia provision violate& the rule againat perpetuitiaa ainee the option is not apeeifieal1y 1lcited to the term of the 1eaae and no other termination date ia apaeified. The leeae itae1f terminates on Mareh 1, 2005. Atehiaon ~ City of Enelewood, 170 Colo. 295, 463 P.24 297 (1969), bald that an option to pureh .. e land, in the form of a pre-emptive right, that was not peraonal to a given individual and that waa not limited in duration was void under the rule againat perpetuitiea. However, in Atehhon the option to buy waa not part Df a ecmtinuing intereat in land 8UCh U 8 l eue I ~ it vas "in no mmmer c:anneeted with any land .,..,.,d by tbe [optioneea]," and thua identification of future auec:eaaora in intereat to the option might prove di fficult. The Atc:hiaon ,c:ourt di s cussed at length 1.:2!-><>::: ~ ~ ~ 83 F .2c 3 ~7 (5 th Cir. 1936), ~ rlenied, 299 U.S . 561, 57 S.Ct. 23, 81 L.F.d. 413 (1936), whieh held that a pre-emp t ive right option related to an oil and gaa lease w.u not void as an unreasonable reattaint on alienation or •• a violation of the rule againat perpetuitiea. n.. eourt distinguished Weber, aaying: "It ia to be noted that in Weber v. Texas Company, ~ the identity of the--owners -or--interest• I'il:roTve d cou l d be a :;ce rt:ain e ~· --or zt l~a st ,1ith same reasonable investigation diseovered --from -2- • \~· ... ,. ,, I I' ! ~ \ ,, \' I • • - • ' ' / -- • • • • th~ record title to the mineral rights and royalties. Our conclusion Jtight b~ different h~re if the ownership of the preempti.e risht followed the title to designated real property; or, if it were reotricted to a limited term found to be rea so ~a~le, 3 l b ~i ~ lo n~~r tha~ a l if~ i n ~e in ~ plus 21 years." The facto of the case at hand are more cloaely analogous to ~ than Atchison. The identity of the option~e ia eaaily aacertainable and th~ option •tollow[s] the title to deaignated nal property," since only the lessee of that property 11111y exerciae the option. The Restatement of Property 1395 provi~~•: -when a l~ase limita in fa,~r of the l~ase~ en option ~xercisabl~ at a time not more remote than the end of the lessee's t~rm (a) to purchase the whole or any part of the leaoed premises; or (b) to obtain a new lease or an extension of hie forar leue, then 9\·~t-. nption ia effective, in accordance with the terms of the limitation, even when it may continue for longer thaa the maximum period described in 1374.• (Onder 1374 of the Restatement, an intereat in gross muat veat within 21 yeara to be valid.) ~ ~ llrundaee ~ !!!!z,.. (No. 77-1032 Wov. 30, 1978). Colo,. App. --· P.2d Section 39S haa been relied upon in several jurhdicticma. Dozier ~ Troy Drive-In-Theatres Inc., 265 Ala. 93, 89 So. 2d 537 (1956); ~~Campbell, 32 Del. Ch . 178, 84 A.2d 148 (1 9 51); IJi:l g , ~ Y..:_ Arnold, 1 0 7 So . 21 755 (Fla. Dis t. Ct. App . 1 ~53 ); Qu art~ l!i ~ing Co. Y..:. L it ~an 43 Ohio St . 2d 71, 326 N.E.2d 676, ~denied, 423 U.S. 866, 96 S.Ct. 128, 46 L.Ed .2d 96 (1975). See !!!2 Annot., 162 A.L.R. 581. V. adopt Restatement of Property 1395 as a ·desirable furtherance of the policies set forth in Atchis on ~ City of Englewood, ~ BeeaUM Restatement· 1395 operates only -when the option i.a l im it~d to the duration of th~ l ea se , we ~u st n e ~t eeterrcdne Whether thia option was so limited. -3- • ! I •·· . I -" .,.. "". }- r • + •. ' . I • - / I t . • • • • In detei'llliD1D& die meaning of a c<mtra<:t a court -t construe the entire crmtract u a whole, and every provisi <m aat be given effect if pouible. Kugel :!.:.. Youne, ll2 Colo • .52'1, 291 P.~t! 6?5 (1 95)); ~ ~ ~ ~ 53vi n gsl! ~ Ass'n , 28 Colo . App. 151, 470 P.2d 889 (1970 ). Paragraph 10 of the lease agreement provides t hat all improvements erected by the leas-em the premiaea ahall becOIM the property of the leaaon at the expiration of the leaae. This paragraph ia incanaiatant with the construction that the option vaa intended to be eurci .. d after the expiration of the leue tera becauae tha partiaa would then be faced with a aituation in ..ttich plaintiffa -uld oom all improvements erected on the prel'liaea while the clty vould still be able to purchaae the underlying property. Pvrtharaore, the option provision of the lease agreement refera to the city as the "lessee," thereby implying that the option la intended to be exercised during the duration of the leaae. Aa noted above, to construe the option clause u extendiq beyond the termination date of the lease would violate the rule ar,ainst perpetuitiaa. Where it is equally reasonable to conatrue the option aa beinp: limited in dura tion, -muat aelect dlat interpretation 1olhich validates the agre~nt. ~.!.:. Smith, 112 Colo. 217, 148 P.2d 581 (1944); ~Mansfield ~alty, ~ v . Sunshina 38 Co l o . App. 3 3~, 5 ~: P.2d 342 (197 6 ), af f i rm~d . Colo. , 575 P.2d 847 (197 8). Thua we hold that the opti on terminates at the end of the lease period, and the lease agreem10nt does not violate the rule against perpetuitiea . Judpent affirmed. JUDGE PinCE and J UDGE KELLY concur. • i· I . -~ .. I I ~ . I" I i ! .. -. ' J •.:. ' ,. .. ~ .. ~ ... . ·' . . I • / )· / • ' . • • • IN THE SUPREME COURT OF THE STATE OF COLORADO No. 79SC8.: Apr i I Term .l9 79 HE R MA~ OLINER , BESS OLINER , A\n RO BERT OLI~ER , Pe ti tioner s , \', CERT I ORA RI TO THE COURT OF APPEALS No. 78-803 CITY OF E~GLE iiOOD , COLORADO , A Municipal Corp o ration, Respon de nt . ON PETITION FOR WRIT OF CERTIORARI to the Court of AppN!a. Alter rniew of the record, "e brielo and the opinion of the Cowt of Appe&la, IT IS ORDERED by thio court that uid petition be, and the OUle hereby ia, denied. APRIL 23 .1979 xc: ~lac Da nford, Cl er k Court of Appe a ls Leonard H. Waldbuam , Es q . Douglas B. Koff, Esq. HOBBS AND WALDB AU ~I, P . C. 1810 Seucr it y Life Buil di ng De nver, CO 8 0202 Rick DeWitt, Esq . Assistant Cit y Attorney 3400 South Elati Englewood , CO 80110 By the Supreme Court Sitting En Bane Supreme Court • State of Colorado Cettifled tltt t full tMt•deotttdC'IIJif :'•"'l:: :i197 9 DAVID VI . B REZI ~ Court c:~~/"'J))![L(~ Seal e,v D>o .. ., Cl••' l' • I • t / \ / . t.. • 1 . • • • COLORADO COURT OF APPEALS NO. 71-BOJ HERRAN OLDIER, !lESS OLINER, and ROBERT OLINER, Plaintiffs-Appellan~. v CITY OF ENGLEWOOD, COLORADO, a Municipal Corporation, De f enda nt-Appellee. ~ppeal from the District Court of Arapahoe County Honorable Richard D. Greene, Judge. Dl\TISION I Opinion by JUDGE COYTE Pierce and Kelly, JJ ., concur . JUDGMENT AF FIRME D Babbs and Naldbaum, P.C. Leonard N. Waldbaum Douglas B. Jtoff Denver, Colorado Attorneys for Plaintiffs-Appellants Bernard v. Berardin i, City Attorney Rick DeWitt, Assistant City Attorney Englewood, Co l orado Attorneys for Defendant-Appellee • COU::1.'1' Oi' ....... ...ALS -<;:;. · ... ' S'I..'I.~E OF CQLO&.'.DO .. .......--... • . \ ~ ·: "··' .. ..:·.<J,.: ·~ .. :.d~ ·~ ~-. ' I ...... 'l./,:1 ~ ..... , .. ·•-· ... ~,;,f.' I • - • • • • • PlaintLffa aouaht to have their leaae and option agraeaent with the City of Engli!WDod ~clared void on the grounds that the option provision violated the rule againat perpetuities. Prom an ~dver s e S~dry judgmen t p l ainti ffs appea l . 3 a ~ -e af!irm. Paragraph 8 of the leaae agrel!l!lent entered into on June 16, 1969, provided: "From and after March 1, 1990, Lessee shall, at its excluaive option, have the right to purch ... the property described in this Lease at a price of $2.50 r,er square foot aa shown by the attached ·~y.' Plaintiff• contend that thia provision violatea the rule against perpetuities since the option is not specifically licdted to the term of the lease and no other te~ation date ia specified. The lea .. itself terminates on March 1, 2005. Atchison ~ City of Englewood, 170 Colo. 295, 463 P.24 297 (1969), held that an option to purchase land, io the form of a pre-emptive right, that was not personal to a giVEn individual and that was not limited in duration was void under the rule against perpetuities. However, in Atchison the option to buy vas not part of • cantiouing ioterest in land auch as • leaoe, !:.!...a. it was "in no IDIIDDer connected with any land oo..,.,d by the (optionees]," and thua identification of future succeaaora in iotereat to the option might prove difficult. The Atchiaon court dis cussed at length ~ ~ ~ ~ 93 F.2c 3~7 (5th Cir . 1936), ~ ~enied, 299 U.S. 561, 57 S.Ct. 2~. 81 L .F.d. 413 (1936), Which held that a pre-empt ive right option related to an oil and gaa lease waa not void as an unreaaonable reattalnt on alienation or as a violation of the rule against perpetuitiea. 'The court distinguished Weber, aaying: "It ia to be noted that in Weber v. Texas Company, ~ the identity of t h e--owners -or--in tere sta ~ve d cou ld be a3cer taine : --or et ~as t li-Yi t h some reasonable investigati on discovered --from -2- • ·- r 1 , i j· I ·~ "''~·· '!'',· j ~ •• ( : ~i ·.,. l 1 --~~-.. < • .• ~- .. . , h • t":·· I' I • - • ( ' / -- • • • • th@ record title to the mineral rights and royalties. Our conclusion a:ight be different here if the ownership of the preempti~ riBht followed th@ title to designated real property ; or, if it vere restricted to a limited term found to ba re a son a~l e, 3lb~it lon ~~r tha ~ a lif~ in ~eing plu.s 21 years." The facta of the case at hand are more closely analogous to ~ thaD Atchison. The identity of the optionee is easily ascertainable and th@ option "follow[s] the title to designated nal property," since only the lessee of that property 11111y exercise the option. The Restatement ~ Property 1395 provi~@s: "When a lease limits in favor of the lessee an option exercisable at a time not more remote than the end of the lessee's term (a) to purchase the vbole or any part of the lessad premises; or (b) to obtain a new lease or an extension of his former lease, then s ··t-. ption is effectiYe, in accordance with the terms of the limitation, even vhen it may con t inue for lonr.er t~ the maximum period deacrib@d in 13 74 ." (Onder 1374 of the Re stat@ment , a n interest in BrGss must vest within 21 years to be valid.) ~ !1.!2 ~nmdaee ~ !!!!:L_ cs.. 77-1032 ~. 30, 1978). Colo~ App. --· P.2d Section 395 has "--reU e• upcm in s..._ral juria4ict1-.. ~ ~ Troy t>ri-·ln-Thta 537 (1956); ~ ~ Ceyw bell , 3 2 Ala . 93, 89 So . 2d 1 . Cb . 17S, 14 A.2d 148 (1 951); Wing ,~~ A~old l ~' So. '1 -<; (Fla . Dist. Ct. ~pp . 1953); Ouarto r !h!.ng ~.,. ~ •t --•~ ~3 0 io S:. 2d 71. 326 N.E.2d 676, ~ den i e d, 4 23 U.S . & 6 , ~6 S.Ct. 128, 46 L.£d.2d 96 (1975). See also Aanot ., 162 A.L.R. 581. We adopt llestatement of Property §395 u a dedrable furtherance of the policies set forth in Atchison~ City of Englewood, ~ Becau.a Restatement 1395 operates only when the option ia limit@d t o the duration of the )e a se , we ~u st next ~eterm!ne whether this option vas so limited. -3- • I . ~'.; I • • I / • • • • In cletenaining the -.ning of a contract a court - conatrua the I!Dtira CDntract aa a whole, and every p r ovia i on aut be given effect if po .. ible. Kugel :!.:.. Youne. 132 Colo • .529, 291 28 Colo . App. 151, 470 P.2d 889 (197 0), Paragraph 10 of the leaae agreement provides t hat all impravementa erected by the laaaM on the premiaea ahall become the property of the lauon at the expiration of the leaae. nus paragraph 1a :l.ncaaaiatant with the conatructioa that the option vaa intended tn be aurciaad a f ter the expiration of the leaae tena bacauaa the partiaa would then be faced with a aituation in Which plaintiff• would own all improvements erected on the prel'liaea while the city would atill be able to purchue tha underlying property. l'urthar110ra, the option proviaion of the leaae asreement refera to the city aa the "lessee," thereby implying that the option :I.e intended to b e exerciaed during the duration of the leaaa . Aa noted above, to construe the option clauae aa atl!ftc!iJI& beyond the term:l.nation date of the lease would violate the rule againat perpetuitiaa. Where it ia equally reasonable to conatru. the option aa bein~t limited :l.n duratioa, -lllllat aelect dutt interpretation which validatea the agreer-.nt. ~ ~ Smith, 112 Colo. 217, 148 P.2d 581 (1944); ~Mansfield ~altz, ~ :!.:.. Sun s hir.~ 3 8 Colo . App. 33 4 , 5 ~: ?.2d 3 4 2 (197 o ), af f irm~d , Colo . _, 575 P.2d 847 (1978). Thua we hold that the option terminate• at the end of the lease period, and tbe leaa e agreement does DOt violate the rule against perpetuities. Judsment aff~d. JlJDGE P~CE and .Jt1DGE KELLY concur. • -. ' ' ' I .) #: . ~· . .. I • • - I ·,. ,. ·;;1'1 '~ l: .\::':\., . .·... .j ~ 't r • I I • • • • • IN THE SUPREME COURT OF THE STATE OF COLORADO No. 79S C8' Apr 11 Term .l9 79 HERNA~ OLINER, BESS OLINER , A\0 RO BERT OLI~ER, Pet it ioners. \'. CITY OF E!(GLEIIOOD , COLORADO , A Mun icipal Corp o rat io n, Respondent. CERTIORARI TO THE COURT OF APPEALS No. 78-803 ON PETITION FOR WRIT OF CERTIORARI to the Court of Appe&1a. After reYiew of the record, t'e briefo and the opilli011 of the Court of Appeal.a, IT IS ORDERED by thia court that aid petition be. Utd the Mme hereby i&, clellied.. APRIL 23 .1979 xc; ~lac Danfor d, Cl erk Court of Appeals Leonard H. Wa!dbuam, Esq. Douglas B. Koff, Esq. HOBBS AND WALDBAU~I. P . C. 1810 Seucrity Life Building Denver , CO 8 020 2 Rick DeWitt, Esq. Assis tant Cit y Attorney 3400 South Elati En glewood , CO 80110 By the Supr11me Court Sitting ED Bane Supreme Court • State of Colorado Ctrtirlld b tt , t~.~n true ••d torrtd apr :\~=1 ~ j 1979 DAVID Vi . B REZIN~A • Co ur t Cl•~<~ '"'~·'I' S I e, -~I / //I :(.ynfl-ea / O '!D'•~ Cl••ll' l' 1. r· I I I • • - • ( c / \. / • ~ . • • • COLORADO COURT Of' APPEALS NO. 78-803 HERNAN OLrNER, BESS OLINER, and ROBERT OLI NER, Plaintiffs-Appellants, v CITY Of' ENGLEWOOD, COLORADO, a Municipal Corporation, De f endant-Appelle e. Appeal from the District Court of Arapahoe County Honorable Richard D. Greene, Judge. DIVISION I Opinion by JUDGE COYTE Pierce and Kelly, JJ., concur. Robbs and Naldbaum, P.C. Leonard N. Waldbaum Douglas B. Jtoff Denver, Colorado JUDGMENT Af'f'IRMED Attorney s for Plai ntiffs-Appellants Bernard V. Berardini , City Attorney Rick DeWitt, Assistant City Attorney Englewood, Co l orado Attorneys f or Defendant-Appellee •• , .. • COU:n' Oi' i-..PP'"..ALa "';~; ·.-' S'I..'l.~E OF COLOB?..D I) . _'• ~ : • I .._ , :...:· • \-• ··r .. :...<*· . ... ~~.. " I ~··' . . . . 'I':·,, 1 ' ~-......... '· .. c.;~· I • • - .. c. • ( • • • • Plaintiff• aoU&bt to ha .. their leaae and option agrea.ent with the City of Ensl-..od dl!c:lared void on the &rOUDda that the option provision violated the rule against perpetuities. From an ~dverse sucmdry judgment p lainciffs appeal. a ~= we af!irm~ Parasraph 8 of tha lau10 agreeraent entered into on .J~me 16, 1969, provided: "From and after March 1, 1990, Lasaee shall, at its excluaive option, have the right to purch ... the property described in this Lease at a price of $2.50 r.er square foot u shown by the attached aurvey. • Plaintiff• contend that thia provision violatea the rule asainat perpetuities since the option is not specifically licited to the term of tha leaae and no other termination date ia specified, The lease itself terminates on March 1, 2005. Atchison~ City of Englewood, 170 Colo. 295, 463 P.2d l97 (1969), bald that an option to purchase land, in the fcma of a pre-emptive right, that was not personal to a siven individual and that waa not limited in duration was void under the rule against perpetuitiea. However, in Atchison the option to buy wu not part of a continutna interest in land such ... lease, !.:.!..:..... it was "in no mmmer connected with any land owned by the [optionees)," and tbua identification of future sueceaaora in interest to the option might prove difficult. The Atchison .court discussed at length 1-:,.!'>e= ~ ~ ~ 8J F.2c S0 7 (5th Cir . 1936), ~ ~enied, 299 U.S. 561, 57 S.Ct. 23, 81 L.Ed . 413 (1936), which held that a pre-emptive right option related to an oil and saa lease waa not void aa an unreasonable reattaint on alienation or as a violation of the rule asainst perpetuities. The court distinguished Weber, saying: "It is to be noted that in Weber v. Texas ~any, ~ the identity of the--owners -or--interests rn:IOTve d c o u l d he a:;ce rta in e •~ --or et least 1r1ith same reasonable inves tigation discovered --from -2- • .. ~~- I !. r 1 • i j· I ·' I • • .C. ( • ' J • • • th~ record title to the mineral rights and royalties. Our c:oncluaion a:ight be differen t ben if the own~rahip of the preempti~ riKht followed th~ title to designated real prop~rty; or, if it ver~ restricted to a limit~d t~rm found to be reas o ~abl e, ~lb ei ~ lo n ~~r ha~ a lif~ in ~ein~ p1ua 2 l years." Th~ facta of the case at band are mnre closely analogou. to ~ thaD Atchison. The identity of the optionee is easily aa~ertainable and th~ option •follow[s) the title to designated real property," since only the lessee of that property may exercise the option. Tbe Restatement of Property 1395 provi~ea: "When a lease limits in favor of the lessee an option exercisable at a time not more remote than the end of the lessee's term (a) to purchase the whole or any part of the leased premises; or {b) to obtain a new lease or an extension of his for>Mr lease, then St·-'1: ption is effecthre, in accordance with the terms of the limitation, even when it may continue for longer thaD the maximum period described in 1374.• (Onder 1374 of the Restatem~nt, an interest in Krn•• must vest Klthin 21 years to be valid.) ~ ~ Brundaee .!:. !!m&_ (No. 77-1032 Wov. 30, 1978). Colo. App. --· P.2d Section 39S haa 'been relied upon iD al!YI!ral jurie4ictilllllll. ~ :!:. Troy Drive-In-Theatres, Inc., 265 Ala. 93, 89 So. 2d 537 (1956); ~ ~ C.mpbell, 32 ~1. Ch. 178, 84 A.2d 148 (1951 ); lling , ~~A rnold , 107 So. 2~ 765 (Fla . Dist. Ct . App . 1953); Quarto !!i,i~g ~ ~ Li ~n . 43 Oh io St. 2 d 71 , 326 N.E.2d 676, ~ den i e d , 423 U.S . S6 6 , 96 S.Ct. 128, 46 L.Ed.2d 96 (1975). See also Anno t., 162 A.L.R. 581. V. adopt Restatement of Property 1395 as a &e.irable furtherance of the policies set forth in Atchison ~ City of Englewood, ~ Becauee Restatement 1395 opeTatea only when the option 1a limited t o the dur ation of the leas e , ~e ~u s t next ~ete rndn e whether this option vas so l imited. -3- • I • • ( / I ( . • • • • Ia deterainin& doe lll!ailing of a contract a court ..t conatrue the entire contract aa a vbole, and every proviaion S18t be BiVIID effect if poaaible. 1tugd ~ Younf'i, ll2 Colo. !129, 291 28 Colo. App. 151, 470 P.2d 889 (1970). Paragraph 10 of the leaae aBreement providea that all improvement& erected by the lauee on the premiaea ehall bee.,.. the property of the lauon at the expiration of the leaae. This para1raph ia incoaaiae.Dt with the conatructioa that the option vaa intende4 b) 1le eurciaad after the expiration of the leaae tera becauee tha partiae would then 'be faced with a aituation in which plaintiff• would own all improvements erected on the prer'liaea while the c:ity would atill be able to purchaae tha underlying property. Purthar.:>n, the option proviaion of the leaae agreement refer& to the city es the "lessee," thereby implying that the option 1a intended to be ezarciaed during the duration of the leaae. Aa noted above, to ccmatru.e the option clauae aa eatending beyond the termination date of the lease would violate the rule againat perpetuitiae. Wbere it ia equally reasonable to conatrue the option as being lbdted in duration, -1m1at select dlat interpretation which validate& the agrel!l:ll!nt. ~!.:.. Smith, 112 Colo. 217, 148 P.2d 581 (1944); ~ Kanafield ,.alty. ~ ~ S unshin~. 38 Colo . App. 33~. 5 ~: ?.2d 3~2 (1976 ), af firmed , Colo. _, 575 P.2d 847 (1978). Thua we hold thAt the option terminate& at the end of tbR lease period, and the leaae agreement doea not violate the rule against perpetuitiea. Juds--nt affirmed. .JUDCE PinCE and .JUDCr: ltELLY concur. -4- • t·~. 1- ·- I" i ' I ! .• ... . J •.:... J. .•· ~ ,f "-!', . . ~ ~ . ,rl • . ~' ' .. I • - ( )· ;' ·. I . i ' ;;' ,;~·~ . ' 't • • / I ' "' ' .. , ' . • • • • IN THE SUPREME COURT OF THE STATE OF COLORADO No. 79SC8.: April Term .l9 9 HERMA~ OLlNER , BESS OLINER, A\0 RO BER T O LI ~ER , Pet i tioners. \'. CITY OF EI(GLE iiOOD , COLORADO , A Muni cipal Co rp o ration, Re sp ondent . CERT IORARI TO THE COURT OF APPEALS No . 78-803 ON PETITION FOR WRIT OF CERTIORARI to the Court of Appe&)a, Alter reYiew of the record, t .. e briefo and the opillion of the Court of AppuJ... IT IS ORDERED by thio court that a&id petition be, and the -e hereby u , d..Uecl. APR I L 2 J .1979 xc : ~lac Da nfo rd, Clerk Court of App e a ls Leonard H. Wal dbuam , Es q . Douglas B. Koff, Esq. HOBBS AND WALDB A U~I, P . C. 1 810 Seucrity Life Building Denve r, CO 8 0 ~02 Rick DeWitt , Esq. Assis t ant Cit y At t orney 3~00 South Elati Eng lew ood , CO 80 1!0 By the Supreme Cowt S ittinv En Bane Supreme Court • Sta te of Colorado Cerrffiedtltii MI trut•·d corrertapr DAVI D Vi . B REZIN~A • Co urt "'"'\•' '!'' ~, " '7'f4. t ( ///, ' Seal eye o,.,. • ., Cl••• r • I ~- ' I . . ---."' -. . .... I • - c ' . \. I I / ( • • • • COLORADO COURr OF APPEALS NO. 71-803 HERNAN OLINER, BESS OLINER, and ROBERT OLINER, Plaintiffs-Appellanta, v CITY OP ENGLEWOOD, COLORADO, a Municipal Corporation, Defendant-Appellee. Appeal from L~e District Court of Arapahoe County Honorable Richard D. Greene, Judge. DIITISION I Opinion by JUDGE COYTE Pierc• and Kelly, JJ., concur. Bobba and Naldbaum, P.C. Leonard N. Waldbaum Douglas B. Jtoff Denver, Colorado JUDGMENT AFFIRMED Attorneys for Plaintiffs-Appellants Bernard V. Berardini, City Attorney Rick DeWitt, Assistant City Attorney Englewood, C o lo~a do Attorneys for Defendant-Appellee •• , .. • C:OU:.n' OF ;...PP"..ALII ~~· .' E 'L~'4:'E CF CQLON~O . \ ~·: ...... .. ..;:; ... . ~· •. •· -oo ·~· ••• .. :..~~ ...... • -t ·-. ' 'I~ ;~;1 ...... .... ··~ .C.rli" I • - ( ( • • • • Plaintiffa aou&ht to hAw tlleir leue and option agre....,t with the City of Englewood aclared void on the grounds tllat the option provision violated the rule egai.nat perpetuities. Prom aa Paragraph 8 of the leue egre,.,.,.nt entered into on .June 16, 1969, provided: "From and after March 1, 1990, Leaaee shall, at ita excluaive option, have the ri ght to purch ... the property deacribed in this Leaae at a price of $2.50 oer square foot aa shown by the ettaebad aurvey.1' Plaintiff• contend that tllia provision violate• the rule egainat perpetuitiea a~e the option is not apeeifically licited to the term of the leaae and no other termination date ia apeeified. The leeaa itaelf terminates on March 1, 2005. Atchison~ City of Englewood, 170 Colo. 295, 463 P.2d 297 (1969), held thAt en option to purchaae land, ill the form of a pre-emptive right, that was Bot peraonal to a given individual and that waa not limi ted in duration was void under the rule agaillat perpetuitiea. However, in Atchiaon the option to buy vaa not part cif a continuing intereat in lend auch aa a lease, !.:.!:.... it waa "in no III&Diler c:onnected with any land .,...,.d by t:he [optioneea I," end thus identification of future aueeeaaora in illtereat to the option might pro~ difficult. The Atchiaon court dis cussed at leng th t-Ie~"" ~ ~ ~ 93 F.2C S:J 7 (5 th Cir. 1936), ~ ~en ied , 29 9 U.S. 561, 57 S.Ct. 23 , 81 L.Ed. 413 (1936), which he ld that a pre-emptive right option related to an o il end gaa lease waa not void u an unre uonable reatrai.nt on alienation or aa a violation of the rule againat perpetuitiea . The court distinguishe d Weber, aaying: "tt ia to be noted that in Weber v. Texaa Corypany 1 ~r~ the identity of t he--owners -or--interesta Iri"VVTved cou l c' he a :.cer::aine : --or 2t ~aat 1rd th ·~ reasonable investigation discovered --fram -2- • r 1 • i I· I ·' i I • • - ( ) --- ( • • • • the record title to the mineral rights and royalties. Our conclusion might be different here if the ownership of the preempti.e riRht followed the title to designated real property; or, if it vere restricted to a limited term found to be rea so na~l e, ~lb~i t lo n~~r tha~ a lif~ i n ~ei n g plu.s 21 yeara." The facts of the case at hand are more closely analogous tD Weber thaD Atchison. The identity of the optionee is easily ascertainable and the option •tollow[a) the title to designated nal property," since only the lessee of that property 111ay exereiae the option. The Restatement of Proper~ S395 provi~es: -wben a lease limits in favor of the lessee an option exercisable at a ti~ not more remote than the end of the lessee's term (a) to purchase the whole or any part of the leased premises; or (b) to obtain a new lease or an extension of his fon.r lease, then s t·-'1: ption is effectiYe, in accordance vith the terms of the limitatian, even vhen it may continue for longer thaD the maximum period described in 1374.• (Under 1374 of the Restatement an interest in RTOSS must vest vi thin 21 years to be valid.) ~ ~ Brunda&e ~ !!!!:z:... Colo. App. _. P.2d (No. 77-1032 Wov. 30, 1978). Section 395 has been relied upon in s"""ral juriadictiona. ~ ~ Troy Dri--In-Thutrea, Inc •• 265 Ala. 93, 89 So. 2d 537 (1956); Emerson~ Campbell1 32 Del. Ch. 178, S4 A.2d 148 (195 1); W i ng,~~ Arn old 107 So. 2d 7 65 (Fla. Dist . Ct. App. 1953 ); O tl ;t~,..,.. t U:1 i no Co . v . =~---Li"~an 4 3 Ohio St . 2d 73, 326 N.E.2d 676, ~ denied 1 42 3 U.S . 866 , 96 S.Ct. 128, 46 L.Ed.2d 96 (1975). ~ !!!2 Annot., 162 A.L.R. 581. lla adopt Restatement~ Propert y 1395 aa a ·deairable furtherance of the policies set forth in Atchison .!.!. City of Englewood• ~ Becauae Restatement 1395 operates only when the option ia limit ed t o the dur atton o f t he l ease , we ~u st n ext ~et ern1 ne Whether this option vas so l imited. -3- • r . .'' I • • I I -. ( • • • • lD cletenainin& ~ IRaning of a contract a court -t eonatrua the enUre eont:ract u a vhole, and every proviai on aut be given effect if poadble. Kugel ~ Younp:L 132 Colo . .529, 291 28 Colo. App, 151. 470 P.2d 889 (1970), Paragraph 10 of the leaae agreement providea that all i!liProvementa erected by the laaa-on the premiaea •hall bee:.,. the property of the lauon at the expiration of the leaae. Thi s paragraph ia inc:DD&iatant lrith the c:onatruc:tioa that the option vaa intended to to. a:urciaed after the expiration of the leue tem bee..-the partiaa VOill.d then be faced with a aituation in tolhich plaintiffa -uld ovn all improvamanta erected on the prel'liaea vhUe the c:ity -uld atill be able to purc:haae the underlying property, Purtharaore. the opt!Dn providon of the leaae a~ refera to the city as the "lessee," thereby implyi ng that the optioa ia intended to be exerciaed during the duration of the leaae. Aa noted above, to construe the option clauae u eztendiJia beyond the termination date of the lease would violate the rule ap:ainat perpatuitiaa. Where it ia equally reasonable to conatrue the option u bein~t limited in duration, -muat aelec:t t!lat interpretation vbic:h validates the agreement. Tallman ~ Smith, 112 Colo. 217. 148 P.2d 581 (1944); M.R. Mansfield~ Inc:. v. S unshir.~ J8 Colo. App. 3J4 , 5 ~: P .2d 342 (1 976 ), affl rme~ Colo. _, 575 P .2d 847 (1978). Thua we hold that the option terlllinatea at the end of the lease period, and the leaae agtel!ment does not violate the rule against P~r.Petuiti ... .Jud~t afftn.d, .1UJlCE PIEICE and .JlJDGE n:tLY concur. _,_ • I •.:.. • J-. .. ! .. ~ -' . ,. I •. ' -·"' . I • • ( • • • .. • BY AUTHORITY ORDINANCE NO. SERIES OF 197n9 ____ _ COUNCIL BILL NO. 28 INTRODUCED BY A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT TO STUDY METHODS TO UTILIZE CITY OF ENGLEWOOD EXCESS RAW WATER BY MISSIQN VIEJO AND APPROVE THE GRANTING OF AN OPTION TO PURCHASE CITY OF ENGLEWOOD EXCESS RAW WATER BY MISSION VIEJO COMPANY. WHEREAS, by Agreement of October 21, 1978, the City of Englewood (Englewood) and Mission Viejo Company (Company) have jointly studied and analyzed Englewood water rights; and WHEREAS, the result of said study indicates that Englewood has a substantial surplus of raw water in excess of Englewood's water requirements; and WHEREAS, Section 124, Article XIII, of the Englewood Home Rule Charter provides: "Council shall have the power to enter into contracts for sale of water or water services, both in and outside the city, whenever it determines that the water supply available exceeds that necessary for the present needs of the inhabitants of the City, said contracts for wate r and water services, to be subject to the present and future needs and require- ments of the City and its inhabitants . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. A. That the City of Englewood shall enter into an agreement, marked Exhibit A, which provides as follows: (1) That a letter agreement of October 31, 1978, attached hereto and incorporated herein by reference, marked Exhibit B, between Englewood and Company is hereby ratified and approved, said agreement providing generally as follows: (a) Engineers for Englewood and Company shall conduct a Phase I study to determine the quantity, utility and value of Englewood excess raw water, which study has been completed and reviewed. • I • ( • • • • (b) Upon election of Englewood or Company, a Phase II report may be requested, which report sh all include provi sions for ascertaining the value of Englewood's excess water and utilization of excess raw water by Company. (c) That Englewood shall not offer for sale , lease or exchange any of its excess raw water for a period of eighteen (18) months after completion of the Phase II study, although nothing in said October 31, 1978 agreement shall pre- vent Englewood from entering into short-term leases not exceed ing one year. (d) Should Englewood receive a bona fide offer for sale, lease or exchange of Englewood water which it desires to accept, Englewood shall notify Company, and Company shall have the first right to purchase said water under the same terms and conditions during the fifteen (15) months after notification by Englewood or the expiration of eighteen (18) months after com- pletion of Phase II, whichever is first. B. That Company agrees to pay Englewood One Hundred Thousand Dollars ($100,000), Fifty Thousand Dollars ($50,000) of which is to be used for completion of Phase II study described in the October 31, 1978 letter. Fifty Thousand Dollars ($50,000) shall be consideration for Englewood granting to Company the exclusive right and option to lease, within eighteen (18) months after completion of Phase II study, excess water described in Camp, Dresser and McKee report dated February 28, 1979, acknowledged to be at least 5,000 acre feet per year. Summary of said Camp, Dresser and McKee report is that Englewood has enough raw water to supply a population of 50,000, 60,000 or 70,000 with an excess yield of approximately 6,300 - 14,600 , 5,000 -13,200 and 3,600 -11,900 acre feet per year, respectively, during a drought period. C. Englewood, after consulting with Company, shall select an engineering consulting firm or firms to proceed with Phase II, which study shall be completed not later than November 7, 1979. D. That Phas e II study shall include a summary of water requirements, description of existing facilities, identification of water sources, Englewood and Highlands Ranch demands through Union Avenue intake, alternative operations and facilities, evaluation of alternatives from a standpoint of economics, bene- fits and risk factor and an opinion of legal attainability. E. Phase II shall also include an analysis of the institu- tional arrangements to provide for a lease agreement between the -2- • I • • - • • • • • parties for an initial twenty-(20) year period with additional renewal for three (3) successive twenty-(20) year periods and payment of fair and equitable lease payments and other financing arrangements. F. Englewood and Company understand that Englewood's excess water rights are principally direct flow rights and are seasonably variable, but at the discretion of Englewood, the direct flow rights may be supplemented from other rights to assure Company of a minimum of 5,000 acre feet annually, subject to present and future needs and requirements of Englewood and its inhabitants. G. Should Company fail to exercise its option to purchase Highlands Ranch, or Denver Water Board, directly or through its distributors, elects to serve Company Highland Ranch with water, the Fifty Thousand Dollars ($50,000) paid by Company as earnest money for option to lease, shall be refunded to Company and all further obligations of the parties to each other terminated. Englewood shall retain the sums necessary to pay for Phase I study and to satisfy all obligations incurred up to Fifty Thousand Dollars ($50,000) as a result of undertaking Phase II study. Section 2. The City Council of the City of Englewood, Colorado, hereby authorizes the Mayor of the City of Englewood and the Director of Finance, ex officio City Clerk-Treasurer, to sign and attest an agreement between the City of Englewood, Colorado, and Mission Viejo Company, marked Exhibit A, attached hereto and incorporated by reference. Introduced, read in full and passed on first reading on the 21st day of May, 1979. Published as a Bill for an Ordinance on the ______ day of ____________ , 1979. Mayor Attest: ex o~ficio City Clerk-Treasurer I, William D. James, do 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 day of May, 1979. -3- • I • • • • • - MISSION VIE;JO COMPANY May 15, 1979 City of Englewood 3400 South Elati Street Englewood, Colorado 80110 Gentlemen: EXHI BI T A By letter agreement dated October 31, 1978, Mission Viejo Company (Company) , and the City of Englewood (Englewood) jointly com- mitted to the study and analysis of Englewood water rights. in excess of its water requirements which might be available for utilization at the Highlands Ranch in Douglas County, colorado. The October 31, 1978, letter agreement contemplated a two phase "'.nalysis of Englewood water rights and requirements, the first phase of which was to determine the excess water available to and owned by Englewood, if any, and the second phase of which was to determine methods for utilization of any excess water by Mission Viejo Company at the Highlands Ranch. The first phase study has been completed by Camp, Dresser & McKee, Inc., as evidenced by a report dated February 28, 1979, entitled "Estimation of Yield of Water Rights". A copy of the report is attached hereto as Exhibit A, and incorporated herein by reference, and Englewood and Company acknowledge that the report has been completed in accordance with the provisions of the October 31, 1978, letter agreement. The report indicates that Englewood has a substantial surplus of water rights in excess of its water requirements which may be utilized by Mission Viejo Company in its development of Highlands Ranch. Therefore, Englewood and Company wish to proceed to the second phase study. Accordingly: 1) En g lewood and Company ratify and reconfirm the October 31, 1 9 7 8, letter agreement, and acknowledge that its provisions con- tinue to be binding and enforceable upon the parties, except as e xpressly modified herein. 2) company herewith agrees to pay to Englewood One Hundred Thou- s and Dollars ($100,000.00), not to exceed Fifty Thousand Dollars ($50,000.00) of which shall be paid as bills are incurred by En gl ewood for completion of the phase two study as defined and 7400 SOUTH ALTON • ENGLEWOOD • COLORADO 80110 • 303/no-nso • I • • City of Englewood May 15, 1979 Page TWo. • • • described in the October 31, 1978, letter agreement and as further refined and specified in Exhibit B attached hereto and incorporated by reference. The balance of Fifty Thousand Doll ars ($50 ,000.00) tendered herewith shall constitute additional con- sideration for the exclusive right and option of Company to lease, within eighteen (18) months of completion of the phase two study , excess Englewood water described in the phase one Camp, Dresser & McKee report (Exhibit A) , acknowledged by Englewood and Company to be at least 5,000 acre feet per year. 3) Englewood shall authorize an engineering consulting f j _r m or firms, selected by Englewood after consultation with Company , to proceed promptly with the phase two study, as described in Exhibit B, which shall be completed not later than November 2 '· 1979. 4) Englewood and Company agree that the phase two study s h al l al so include analysis of institutional arrangements to provide a framewor~ for a binding lease contract of twenty (20) years with additional renewal options for three successive twenty (20) year periods vested in the lessee, and the payment of fair and equitable lease payments, and other financing arrangements, for excess water of Englewood to be used by Company. Englewood and Company .shall mutually agree on the institutional arrangements and the amount of lease payments, and other financing arrangements for excess Englewood water by Company. f---the-re-a·s-e-paymen ts r -..and- .Gt;}:o~r .. .fj A~Rein~ t\%re.ng-etneR6&, tb& i&&lie shall be sl:lb~and~ .Aetermi ~e~a pa~el of three a-eitre.~r-e. ----i~ithi-n--1:-e-a-d.a-y-s-a-i%Elr ... --written aemand for arbitration is delivered by one party to the .~a-~y, each party shall des i gnate an arhitratGr, ana ~it~~n ERirty d.a¥e afteE such cieli...,ery 1 the tMe Ei~-e-:t=-s •l<all aa&igaa~e a xhira arbi6rator •~ the even~f fa~~~re-o~ in s.Qility of eitber party to EiesigPat& ap a.rbitrato:~: G£' Gf the two A~bitratere to a~ree eR a tbirQ arbitrator, the vacanc~the <panel -shall be filled by aR u ·ei6ntor designated by the Cbief -~odge ef the 18th J'acHclal DistEist. 5) Englewood and Company understand and acknowledge that ·:he phase two study will proceed on the premise that the Englewood surplus water rights are principally direct flow water rights. Yields from these rights are seasonably variable, and depend upon the availa- bility and quantity of stream flows. At the discretion of Englewood, the yield from trans-mountain or trans-basin water rights may be supplied to supplement the yield from direct flow river rights to a ssure Company a minimum of 5,000 acre feet of water annually . I • • - • City of Englewood May 15, 1979 Page Three. • • • 6) Incorporated in the phase two study reports shall be legal opinions from Raphael J. Moses (Company's water attorney) and James D. Geissinger (Englew~od's water attorney) concerning the legal attainability of the alternatives identified in the phase two study. 7) If Company, its successors, transferees and assigns, shall fail to exercise the option to acquire the Highlands Ranch, or if the Denver Water Board $hall assert the right to serve water to the Highlands Ranch directly, or through one of its distributors, the Fifty Thousand Dollars ( $50.1 000. 00) paid by Company as earnest money for the exclusive right and option to lease shall be refunded and this agreement and the October 31, 1978 agreement are terminated ; otherwise, Englewood shall retain such funds as consideration for the exclusive right and option of Company to lease the surplus water described in the phase one report, under a lease agreement consistent with the provisions of this letter agreement. If the foregoing conforms with your understanding, would you please so indicate by executing the attached copy of this letter in the appropriate places. Very truly yours, MISSION VIEJO COMPANY Philip J. Reilly President PJR:lc APPROVED AND ACCEPTED: ATTEST: City Clerk DATE: ______________________ , 1979. APPROVED: Director of Util1t1es City Attorney CITY OF ENGLEWOOD By--------~~~-------------Mayor • I • • - • • • • Oc t ob er 31 1 1978 City of Englewood 3400 South Elati Street Englewood, Colorado 80110 Gentlemen: E XHIB I T B · From time to time, d i scussions have been h e ld between representatives of the City of Englewood (Englewood ) a nd Mission Viejo Company (Company) concerning water owned by Englewood which might be utilized to provide water a t the Highlands Ranch in Douglas County, Colorado, As you know, Company is developing a plan for a satellite community at the Highlands Ranch, a component part of which is a water supply and distribution system. The purpose of this letter is to clarify and confirm a process by which water owned ·or controlled by Englewood may be analyzed by the engineers for Englewood and Company to det~rmine the quantity of excess water available from Englewood, if any, and methods by which tQe water can be delivered for use on the Highlands Ranch. Englewood has provided Company a copy of a study entitled "Comprehensive Water Rights Study" prepared by Blatchley and Associates, for CH2M Hill, Inc. and transmitted to Englewood on October 31, 1975. The water made the sub j ect of this le t ter agr eement a re the yields from the water rights described in Appendix c o f the Blatchley-CH2M Hill study, su~~?nl~t~-~isti n g lon ~ term leases executed by Eng l ewood, , ------·-•• ~ .... p .. ____ ~ The Blatchley-CH2M Hill Study contains the following c o n - clusion: "the City of Englewood has surplus water rights that .could be leased, sold or become part of a regional service authority, with an appropriate reimbursement for the capital investment of Englewood". Englewood and Company estimate that the quantity of surplus water owned by Englewood ranges .from a minimum of 5, 000 acre feet to 10,000 acre feet or more. 7400 SOUTH ALTON • ENGLEWOOD • COLORADO 80110 • 303/770 -7750 • I • I I t if' d I • city of Englewood October 31, 1 978 P age 2 • • • Englewood and Company intend to ascertain t h e quant ity, utility, and value of any surplus water as follows : 1. Camp, Dresser and McKee, Inc, (.engineers fo r En glewood ) and Jack G. Raub Company (engineers for Company ) h ave agreed upon a scope of work to be performed u nder t h e direction of Camp, Dresser and McKee, Inc. The scope of work for Pha se I -Investigation is attached h e re to as an exhibit, and incorporated herein. Th e tas ks r equ i red by sections I and II of the scope of wor k shall b e per fo r me d by zorick-Erker Engineering, Inc . with assista nce as appropriate from Ronald K. Blatch l ey and David N. Church, the engineers responsible for preporation of the Blatchley- CH2M Hill Report, The t asks required by Sections III, IV and V of the scope of work shall be performed by Camp, Dresser and McKee, Inc., and within sixty (60) days fro m the date of this letter agreement, a preliminary report shall be completed by Camp, Dresser and McK ee, Inc., in- corporating the findings of zorick-Erker Engineers, Inc. and submitted to Jack G. Raub Company for review and analysis. Upon request of city or Company the time of comp letion described above may be extended thirty (30 ) days. 2. Camp, Dresser and McKee, Inc., (for Englewood) and Jack G. Raub Company (for Company) shall review the repo rt and conciliate any differences which may arise concerning the objective of producing, within ninety (90) days fro m the date of this letter-agreement, a final report upon which both engineering consultants have agreed. If Camp, Dresser and McKee, Inc •. and Jack G. Raub Company cannot agree, the report shall be completed b y camp , Dr esser and McKee, Inc., with ar e as of disagreement no t ed in a specia l appendix to the report. 3. Upon completion of the report, copies shall be provided to Englewood and Company for review and analysis . Fo r a period of sixty (60) days after receipt of the complete d report, either Englewood or Company may el~t to reque st }~.h~_.9.ther.,.J;..~~-.~~.~e_q_qp_d .,£P_a_s_e_,;;.i1l£i~d:esc.r:i_n§_, by way of example, in the document entitled, "Phase 2 Investigation-Facility Analysis," attached to this letter agreement. Both Englewood and Comp any commit and pledge in good faith to negotiate with each other concer ning the conduct of the second phase study, and concernir.g the execution of appropriate contractual documents • I • • : r ' .. . I ' }' ' i !I I ~ l J I. I 1/. ·: :i ( \. .... ' • city of Englewood October 31, 1978 Page 3 • • • for completion of the work, The contr~ct for the second ph~se of the study shall include provisions for ascer- taining the value of Englewood's excess water based on alternate concepts for storage, diversion, and trea tmen t, as well as procedures for exclusive utilization of such water rights by Company. By negotiation and agreement, Englewood and Company may enlarge or modify t he scope of the study to include matters not described herein or in the attached exhibits. 4. Englewood and company acknowledge that until t h e first ·phase report is completed, it would be premature to negotiate the exact provisions of the contract for phase two; however, Englewood and Company agree that the essence of this agreement is to provide Englewood and Company a procedure for f o r mali zation of a contract when further data is available. Accordingly, Englewood and Company each pledge to the o ther the highest standard of good faith in their negotiation s. 5. The cost of the fi r st phase of the study is estimated to be the aggregate amount of $30,000.00 . company agrees to pay all of such costs: approximately $4,000.00 di rectly to zorick-Erker, Engineering, Inc.; approximately $4,500.00 to Jack .G. Raub Company; and approxima tely $21,500.00 to Englewood for payment to camp, Dresser a nd McKee , Inc., Blatchley Associ ate s, Inc. and J a me s D. Geissinger, attorney. In consideration thereo f, Englewood agrees it shall not offer for sale, l ease or exchange, nor in fact sell, lease or exchange any of its wa ter, until three (3) months follow ing co ro~plet..ion of t he fir s t phase study, or, if undertaken, until eighteen (18) months follow ing completion of the second phase study, except that short term leases not exc eed ing one year may be executed to assure utili zat ion o f Englewood's water d uring the study periods: If, dur ing the periods when Englewood shall make no sale, lease or exc hange, as aforesaid, Englewood shall receive any bona fide offer for the sale, lease, or exchange of its water which it wishes to ac cept , it shall advise Company, and until fifteen (15) months from the date of such~tifj cati on, or until eighteen (18) months following the completion of the second phase study, whichever shall first occur, Company shall have the first option to pur- chase, lease or exchange such water, upon the same terms and conditions offered Englewood. • I • • - • . I . l r H I I :i . I I . I . I I • ' • City of Englewood October 31, 1978 Page 4 • • • If the foregoing conforms to your understandings, would you please so indicate by executing a copy of this letter agreement in the appropriate places. PJR: lc t::lfl ~ APPROVED AND ACCEPTED CITY OF ENGLEWOOD DATE: _____ No_v_e_mb __ er __ 6 __ ~~~--~' 1978 APPROVED: __ ~~~~~~!~~ro~~~~~~Duectoror~s I . - ( • ( • • • • M E M 0 R A N D U M TO: Andy Mce <f'J , ~Y Manager Rich Wa ~e c tor, Community Development F ROM: DATE: May 17, 1979 SUBJEcr: Preliminary Loan Application for Public Housing Project To cover start-up costs for the new Public Housing Program , the Housing Authority is requesting a loan of $22,000 from the U.S . Department of Housing and Urban Development. This amount is included in the total grant amount of $3,747 ,000 and will be repaid at the completion of the proje c t. If the project does not go forward (which is highly unlikely) the Housing Authority is obligated to repay th e entire o u tstanding amount . The Housing Auth ority has already hired a cons u lting a r c h itect to be paid from this loan . In addition, it is anticipated that certain l egal fees and technical c onsultants , s u c h as soi l s experts, wi ll be paid from this money. Some adminis- trative costs such as printing and reproduction will a l so be covered by this loan. As part of the Housing Authority 's application for this loan the City Council n eeds to adopt a resolution in support of the loan application. A draft r esolution is attached for your review and for consideration by the Council. ca • I • • l • RE SOLUT I ON NO . SERIES OF 19 79 • • • A RESOLU TION APPROVING APPLICATION FOR PRELIMINARY LOAN FO R LOW-RENT PU BLIC HOUS I NG. WHEREAS, it is the policy of this locality to eliminate substandard and o the r inadequate housing, to prevent the spread of slums and blight , an d to r eali z e as soon as feasible the goal of a decent home in a suitable l iving env ironmen t for all of its c itizens ; and WHEREAS, under the p r ovisions of the United States Housing Ac t o f 1 937 , a s ame nded, the United States of America, a c ting through the Se cretary of Hous - ing and Urban Dev e l opment (herein called the "Government"), is authori zed t o p r o - v ide finan c ial assistance to local public housing agencies for undertaking a n d c arrying out preliminary planning of low-rent housing pro j e c ts that wi ll as sist in me e ting this go al ; and WHEREAS, the Ac t provides that there shall be loc al d e t e rmination o f need f o r low-rent housing to meet needs not being adequately me t by private e n ter prise and that the Government shall not make any contract with a public h ousing a gency f o r preliminary loans for surveys and planning in respe c t to any low-rent h o u sing p r oj ects unless the governing body of the loca l ity invo l ved has by resolution a p proved the application of the public housing agency for such preliminary l oan; a nd WHEREAS, the Housing Authority o f the City of Engle wood, Colorado (he rein c alled the "Loca l Authority") is a public housing agency and is applying to the Go v e rnme nt for a preliminary loan to cover the costs of surveys an d planning in conn ectio n with the development o f low-rent housing; NOW, THEREFORE , be it resolved by the City Counc il of the Ci ty o f En glewood , Colo rado as follows: 1 . T hat there exi s ts in the City of Englewood a need fo r s u c h l o w-rent ho u s ing wh ich is not being met by private e nterprise; 2. That the applic atio n of the Loc al Authority t o t h e Government f o r a p r elimin ary loan in an amount not t o e x ceed $2 2 ,00 0.00 for surve ys a nd planning in c onnection with low-re nt ho u s i ng p r ojects o f not t o e x c eed a ppr o ximately 110 dwe lling units is here by a p pro v e d. ADOPTED AND AP PROVE D THIS .Nt!:.. day o f May, 1 9 7 9 . Attest: e x o f fic i o City Clerk-Tre asure r • I . - ( • • • • I , William D. James, ex officio City Clerk-Treasurer of the City of Englewood , State of Colorado , hereby certify that the above is a true , accurate, and complete copy of Resolution No . q+;? , Serie s of 1979. e x officio City Clerk-Treasurer • I . - ( • ( • ORDINANCE NO.=----- SERIES OF 1979 • • ,. • BY AUTHORITY A BILL FOR AN ORDINANCE APPROVING AGREEMENT BETWEEN THE CITY AND COUNTY OF DENVER, ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS, AND THE CITY OF ENGLEWOOD, COLORADO, KNOWN AS THE "CITY DITCH AGREEMENT", WITH CERTAIN AMENDMENTS. WHEREAS, the City of Englewood, Colorado, and the City and County of Denve r have previously entered into an agreement known as the "City Ditch Ag reeme nt" relating to the City Ditch on February 6, 1970; and WHEREAS, said Agreement has been amended August 20, 1973, December 2, 1974 and April 17, 1978; and WHEREAS, said Agreement has expired and it is the desire of the City of Englewood and City and County of Denver to renew said Agreement with certain other amendments. NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. Except as amended herein, all other terms and conditions of the Agreement of February 6, 1970 , as amended August 20, 1973 , December 2, 1974, and April 17, 1978, shall remain in full force and effec t for a term of twenty (20) years from the date of the Agreement. Section 2. The amendments to said agreement generally provide as follows: a. Formulas to share the operation and maintenance costs of the City Ditch and Highlin e Canal be revised so that the same basis is used in either case . b. Englewood is to receive the use of the Highline Canal without the expense of condemnationand provisions being made for losses through seepage. c. Englewood shall ope rate and maintain that portion of the City Ditch conveye d so as to continue to maintain carrying capacity adequate to deliver ten (10) cubic feet of water per • I • • • • • • second at the Washington Park Flume at such time and in such q uantiti e s as may b e r eq u e ste d by the Den v er Wat e r Bo a rd for the users of the City Ditch water n orth of the Harvard Gulch blowof f until November 1, 1 998 . d. De nver Water Board is t o pay a p ropor tional share of Englewood's annual administration, operation and maintenance e xpen se for the City Ditch from the Chatfield Dam outlet works to Harvard Gulch , a distance of app roximately twel v e miles . Formul as are established to share the cost . 3. En g lewood shall be responsible for operating and mai n - taining the City Ditch from Chatfie ld Dam outlet works to the Harvard Gulch blowoff . f. All maintenance wor k b y Englewood req uiring a complete or partial shutoff of the Board's flow in the City Ditch shall b e performed with the utmost e xpediency to minimize water loss e s . g. Denver Water Board sh al l continue to be responsibl e for operating and maintai ning the Highline Canal and Englewood shall cont inue to be responsible for mai ntaining the Parshal l flume on Dad Clark Gul c h which measure s del iveri es from the Highline Canal to Mc Cle llan Reservoir . h . P rovisions are made for maintena nce work by the Denver Water Board, either e merg ency or rout ine , requiring the complete or partial shutoff of En glewood's flow of water in the Highline Canal . i. Representatives of Englewood a nd Denve r Water Board will perform annual joint inspections of the City Ditch and Highline Canal to determine maintenance work required to enable those facilities to continue t o deliver rates of flow of water s e t forth in the agreement . S ection 3. That the amended agreement dated , 1979 is attached hereto and made a part hereof as though fully set forth . Section 4. That the City Council of the City of Englewood , Colorado, hereby authorizes the Mayor o the City of Englewood to subscribe his name to said Agreement and amendments on behalf of the City Council of the City of Englewood, and that the Direc tor of Finance, ex officio C~ty Clerk-Treasurer shall attest the same. -2- I • • • • • • ~Lintr oduced , read in fu l l a nd passed on firs t reading on th ~day of May, 1979 . May, Publ ished as a Bil l for an Ordinan c e o n th e ~day of 1979 . Ma y or Atte s t : ex off1c1o City Clerk-Treasurer I, William D. J ames , do h e r c t y certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Or dinanh~ jntroduce d, r e ad in full and passed on first reading on the~day of Ma y , 1979 . ex officio City Clerk-Treasurer -3- • D I • •